EIGHTH SESSION HELD AT JUSTICE HALL, IN THE OLD BAILEY, On THURSDAY, THE 16th DAY OF OCTOBER, 1834, AND FOLLOWING DAYS.
Before the Right Honourable CHARLES FAREBROTHER , LORD MAYOR of the City of London; Sir Stephen Gaselee , Knt., one of the Justice of His Majesty's Court of Common Pleas; Sir John Gurney , Knt., one of the Barons of His Majesty's Court of Exchequer; Sir Claudius Stephen Hunter , Bart.; Christopher Smith , Esq.; William Venables , Esq.; Sir John Key , Bart., Alderman of the said City; Charles Ewan Law , Recorder of the said City; Thomas Kelly , Esq.; Sir Chapman Marshall , Knt.; James Harmer , Esq.; and John Pirie , Esq., Alderman of the said City; John Mirehouse , Esq., Common Sergeant of the said City; and William St. Julien Arabin , Sergeant at Law; His Majesty's Justices of Oyer and Terminer of the City of London, and Justices of the Gaol Delivery of Newgate, holden for the said City and County of Middlesex.
FAREBROTHER, MAYOR - EIGHTH SESSION.
* A star placed against the verdict denotes that the prisoner has been previously in custody.
First London Jury, before Mr. Baron Gurney.
1475. ROBERT NICHOLS was indicted for that he, before and at the time of the committing of the several offences in the first four Counts mentioned, was a letter-carrier , employed under the Post-office of Great Britain, and that whilst he was so employed as aforesaid, to wit, on the 1st of October, I William IV ., at St. Anne and Agnes, a certain letter, then lately before sent by the post from Enfield, in Middlesex, to the General Post-office, in London , for, and to be delivered to, Esther Elizabeth Dorey , at No. 22, Finsbury-place, Finsbury-square, and containing therein 2 Bank-note for payment of and value £10 each, and 1 Bank-note for payment of and value £5, came to the hands and possession of the said Robert Nichols , and he was intrusted with the same, in consequence of such his employment, for the purpose of delivering the same to and for the said Esther Elizabeth Dorey , according to the direction thereof: and that he afterwards, Whilst employed as aforesaid, did feloniously secrete and embezzle the said letter so containing the said several Bank-notes, as aforesaid, the said Bank-notes being the property of Ann Dorey , against the Statute, &c.
2nd COUNT like the first, only for stealing the notes out of the letter, and omitting the address.
Four other Counts like the first four, only stating that he was employed by and under the Post-office of Great Britain in business relating to the said office, to wit, in delivering certain letters sent and conveyed by the post to the Post-office in London.
MR. ATTORNEY GENERAL with MESSRS. ADOLPHUS and SHEPHERD conducted the Prosecution.
ANN DOREY . In 1830, I lived at Enfield, and kept a school there. On Friday, the 1st of October, I remitted two £10 and 1 £5 Bank-notes to my sister - I put them into a letter, which I sealed and gave to my sister Frances to take to the post - I directed the letter to Miss Dorey, No. 22, Finsbury-place, Finsbury-square - I had written on the notes before I sent them away, and I took the numbers of them, but not the dates - (looking at two notes) these are two of the notes I sent; I know them by my own handwriting on them - as near as I can recollect, it was near three o'clock in the afternoon that I sent the letter to my sister; and on the Saturday morning I had occasion to send a box to my sister, and on the Saturday evening I received intelligence that the letter had not arrived - on the Sunday morning, I went to town; and the first thing on Monday morning, I went to the Post-office, in St. Martin's-le-Grand - I did not go to the Bank myself - these two notes were not produced to me until lately.
Cross-examined by MR. CLARKSON. Q. Is this the writing to which you refer just over the amount? A. Yes - I wrote on one, "Mr. Ryde," and on the other, "Taylor," and I think, " James Taylor " - (looking at it) it is"James Taylor" - this is my own handwriting.
Q. Had you a recollection of having written that on the notes before you saw them again, or was it brought to your recollection by their being produced? A. It was brought to my memory by seeing them, but I had a recollection of writing that before I saw them - Ryde is a grocer, living near Thames-street - I received one note from his banker, Sir Charles Price , and I received the other from Joseph Taylor, of Enfield - I know nothing of the prisoner.
COURT. Q. Do these numbers correspond with the
MR. CLARKSON. Q. How many £10 notes did you receive from Mr. Ryde's banker? A. I do not know - I received more than one note - I received 23l. 4s. - whether there were two £10 notes I cannot tell - I wrote on all the notes the same memorandum, and in the same place.
CHARLES ROGERS . I am clerk in Sir Charles Price's bank, and was so in 1830 - I paid a cheque drawn by Mr. Ryde, on the 29th of September, 1830; here is a memorandum of it in my handwriting - I paid a cheque of 23l. 4s. in two £10 notes, Nos. 742 and 743, and some cash - (looks at a £10 note) this is one of them, No. 743, and it is the same date.
MR. CLARKSON to ANN DOREY. Q. Can you take upon yourself to say the note you enclosed was No. 742, or No. 743? A. I cannot.
COURT. Q. Did you not take the numbers? A. Yes; but I gave those numbers up at the Post-office; and since that, I do not know about them - I gave the true numbers at the Post-office.
FRANCES DOREY . On the 1st of October, 1830, I lived with my sister Ann at Enfield. I recollect her giving me a letter that day, and saw her put some Bank-notes into the letter - I did not observe what they were - the letter was sealed after the notes were put in it, and it was addressed to Miss Dorey, No 22, Finsbury-place, Finsbury-square, where my sister Esther Elizabeth lived - I tied a string round the letter, sealed the string, and gave the letter to Mrs. Jelly's care - she is the wife of Mr. Jelly - she has the care of the Post-office at Enfield - they make up a bag there, I believe, and send it to Edmonton - it was near three o'clock in the afternoon.
JANE JELLY . My husband kept the Post-office at Enfield four years ago - I remember Frances Dorey bringing a letter to my house about four years ago - some conversation passed between her and me, which makes me remember it - it is so long ago, I do not recollect the day of the week or month; but my taking the letter in has been brought back to my recollection perfectly, but not the date - I gave the letter, with the rest of the letters, to the letter-carrier, and told him it contained property, and to remark that it went through my hands safe - it was untouched and unaltered while with me - I delivered it to John Cranston.
JOHN CRANSTON . In October, 1830, I was letter-carrier at Enfield. I remember receiving a letter from Mrs. Jelly that month, with a string round it, perfectly well - I packed the letter with the rest of the packet, and put it in a bag - I tied the bag, and conveyed it safe to Edmonton - I sorted the letters out regularly at Edmonton, and tied them in separate packets, according to what they were - this letter was sent to the chief office in Lombard-street - I heard of a letter being missed in the course of two or three days; when the officer wrote to me respecting it, and I wrote him an answer.
Cross-examined. Q. You have been asked if you received a letter with a string round it - perhaps my friend has called your recollection to it by mentioning that? A. I am always very particular in remarking such letters - I have a perfect recollection of the string - I think it was a red string, but I will not be positive - there was sealingwax on it, and I think it was red wax - in fact, I am positive it was - I have not a shadow of a doubt of it - I have a recollection of such a letter with a string confining it - as to the colour of the wax, I cannot be positive, not to swear to it - as soon as they wrote to me from the office, it brought every thing into my mind - that was in 1830 - my memory has not been refreshed about it since that, till very lately - it had entirely escaped my memory till I came to be asked about it, when the officer wrote to me about it.
Q. Are you a letter-carrier now? A. I am on the sick list - I never saw the prisoner, except at the office.
MR. SHEPHERD. Q. Is this the letter you wrote about it? A. (Looking at it) Yes, this is my writing - this brings the transaction to my recollection.
MR. CLARKSON. Q. Is there any thing more in the letter than your saying you recollect the missing letter? A. I gave no statement in that letter about the string - I recollected about the string at the time I wrote that letter - I could not tell whether it was requisite to mention it in the letter or not - I gave every information I could - I do not think I have got the letter which this is an answer to.
COURT. Q. You received a letter about a missing letter? A. Yes - that letter came from the Post-office.
BENJAMIN SIMMS . I am porter at the Post-office, and have been so about ten years - it is my business to receive the twopenny-post letter bags, and see that the numbers are right - I was on duty on the 1st of October, 1830, all day - all the bags which should be delivered that day were received.
Cross-examined. Q. I suppose you have a memorandum to enable you to say you were on duty that day? A. Yes - the signing-book, which is here, I have looked at - the riding-boy for that district would bring six bags, and he brought six that day - I know by the memorandum, that I was on duty, and if I had not received the six bags, I should have reported it to the proper officer.
MR. ATTORNEY GENERAL. Q. Have you any doubt that you received all the bags? A. I have not a doubt of it, or I should have made an entry in the book of it.
ESTHER ELIZABETH DOREY . In 1830, I lived at my brother's, in Finsbury-place - I did not expect a letter with a remittance in it from my sister - I did not receive any letter containing a remittance from her in that month - I lived at No. 22, Finsbury-place - my attention was called to the loss immediately after, by receiving a box from my sister.
JONAS SMITH . I am a clerk in the Bank of England, and was so in October, 1830. (Looking at two notes) These notes were presented for payment - (looking at a book) this memorandum was made by myself - they were paid on Saturday, the 2nd of October - I should think it was before eleven o'clock in the day - here is the name of " John James , No. 10, John-street, Stepney," on them - that was on them when I paid them - I have no doubt it was written by the person presenting the notes - we require persons bringing notes to write their name and address, and that was the name and address written on this.
Cross-examined. Q. You cannot undertake to say where this was written, or whether it was done before the person
WILLIAM GEORGE LAY . I am a letter-carrier in the Postoffice: I have been so about thirteen years. The prisoner was formerly a letter-carrier, and was so on the 1st of October, 1830 - I made this memorandum (looking at it) within the last fortnight - I got it from a book, where he signs in one column, and I in the other - the book is here - (looking at it) these entries are signed by him - I have seen him write many times, and can take on myself to say, he was a letter-carrier in the employ of the General Post-office, on the 1st of October, 1830 - his walk was Finsbury-square - he delivered the twopenny-post letters in Finsbury-square - No. 22, Finsbury-place, was in his walk - if a letter had been sent from Edmonton, about three o'clock in the afternoon, it would come to St. Martin's-le-Grand between five and six o'clock, and would be sent out by the seven o'clock delivery, and should be delivered before eight, or about eight o'clock - it was Nichols's duty to make the delivery at that place that day - we have a regular mode of changing duty, and at seven o'clock at night, he takes Finsbury-place and square, and the right of the City-road - he was my assistant, and I took another part of the walk - here is his own signature to show he was on duty that evening - I am well acquainted with his manner of handwriting.
Q. Look at those notes - here is, "John James, John-street, Stepney" - can you say whose handwriting that is? A. That I verily believe to be in the handwriting of Nichols - they are both alike - I believe both to be his handwriting - he left the Post-office on Saturday morning, the 2nd of October, a little before eight o'clock, to make the eight o'clock delivery - that would be over about ten or a little after - he left the Post-office finally on Tuesday, the 5th - he went out with the letters that morning, with the eight o'clock delivery, and never returned - I did not see him again till he was apprehended in September last.
Cross-examined. Q. He stayed on the 2nd, 3rd, 4th, and morning of the 5th? A. Yes - the third was Sunday - he did not undergo any examination about this letter in the course of that time, that I know of - we were both called to the desk to give an account who went to the Finsbury-place district at a certain hour - that was an inquiry - that inquiry was made on the Saturday or Monday, I am not positive which.
Q. Show me the prisoner's handwriting in the book? A. This is it - here is a line with "Finsbury-square walk"- you will find he has written, " R. Nichols."
Q. Have you seen him write any thing but his name? A. Yes - there is no writing of his in this book besides his name - I should not be involved in any difficulty by the loss of this letter, that I am aware of, further than an inquiry - I should not have to make any payment on account of the loss - I was not suspended - I underwent an examination at Mr. Peacock's office, after the prisoner left - it was only once - I am the letter-carrier - he was my assistant - I did not appoint him or pay him - I have the stopping of the wages as charge taker - he does not look to me for his wages - I account to the Post-office for the payment of his wages - I do not think he was in debt to the Post-office at that time, as he was on duty - I am not aware that he was threatened to be turned out of the office if he did not make up some payment - I have no recollection of his being in debt at that time.
Q. Look at the two notes, and at his signature in the book - do you mean to say they are both alike? A. It appears to me, there is a great similarity, only one has been done with a pen more worn than the other - my conclusion is not so much from seeing his name in the book, as from other writing of his which I have seen on letters - the writing on the notes is like his ordinary way of writing.
Q. Before he left the Post-office, had these notes been seen? A. I am not aware of it - I never saw them.
COURT. Q. Were the notes shown to you when you were questioned - before the prisoner went away, did you see the Bank-notes? A. No - I first saw them at Mr. Peacock's office, three or four weeks back.
MR. CLARKSON. Q. When was the last time you saw the prisoner write? A. It might be the day he went away - it was about that time - we occasionally see one another write on letters.
MR. ATTORNEY GENERAL. Q. About how long had he been in the service of the Post-office? A. I do not know - he had been my assistant five or six months - I knew him a long time before, in the Post-office, but he did not work with me - while he was my assistant, I saw his handwriting seldom less than three times a day - if any addresses cannot be found, or letters are refused, or the party are gone away, we have to write that on them, and have to get answers to our letters, and write the answers on them - I have frequently seen his writing in that way - I have no doubt the handwriting on these two notes is his handwriting.
COURT. Q. Nobody is taken into the Post-office without an inquiry into his character? A. No; very strict inquiry indeed is made.
EDWARD TOOMES . I am a letter-carrier at Mortlake. I know the prisoner, and have seen him write many times, and can form a judgment of his character of writing - (looking at the notes) to the best of my recollection, this" John James , John-street, Stepney," (according to my recollection, from the time,) I believe to be his handwriting.
Cross-examined. Q. Can you express an accurate belief of it? A. I have seen him write his name on the bills, and have seen him write every day - I believe it to be his - I feel confident of it, from his particular method of writing - I seem to have it so fresh in my mind - I do not think it at all disguised - it is his general ordinary hand - I never saw him write the name, "John" that I know of - I may have seen him write, "John" - I have seen him write, "James," no doubt, but I do not recollect - I am in the employ of the Post-office.
SAMUEL BURT . I am in the employ of the Post-office, as inspector of letter-carriers. The prisoner was a letter-carrier, in the employ of the Post-office, on the 1st of October, 1830; his district was Finsbury-square - he was on duty for the evening delivery, on the 1st of October - a letter, put in at Enfield about three o'clock, would be delivered on the same day - on Monday, the 4th of October, I recollect a lady coming to the Post-office to inquire about a letter - I cannot recollect Miss Dorey's features exactly - two persons came - she gave the name of Miss Dorey - she gave me the numbers of the notes - I took them down
Cross-examined. Q. It is his ordinary mode of writing, is it? A. It is - the letters from Enfield or Edmonton are conveyed by riding-boys - I have not the means of telling who was the riding-boy that day - all letters put in at Enfield or Edmonton would, in the ordinary course, come through the hands of the riding-boy; they would be sealed in a bag, and put into his bag at Enfield - he could have access to them by breaking the seal, which would be observed on his arriving at the office - I cannot tell whether he is now in the employ of the office - I do not know who he was - it is not in my duty - that duty is done in the sorting office - perhaps Simms can tell.
BENJAMIN SIMMS re-examined. I am the porter who received the Edmonton bags. All the bags came safe, or I should have made an entry in the book - I never look at the seals - the officer who opens the bags would see the seals - I do not know whether he examined the seals.
WILLIAM BROWNING . In 1830, I was a clerk in the Post-office. It was my duty to open the bags of the two-penny-post letters, and the Edmonton bags, among others, on Friday, the 1st of October - they came safe as usual - I look at the seals of the bags - I was asked about it, soon after this letter was lost.
Cross-examined. Q. Who was the riding-boy of that district? A. I do not know - I open the bags, and then the letters are taken round to be sorted - I dare say they may go through five or six hands, before they come to the assistant letter-carrier.
WILLIAM REYNOLDS . I am a sub-sorter in the twopenny-post-office. In October, 1830, I was in the employ of the Post-office - I remember the prisoner absenting himself - I made search for him, and could not find him - we searched for him several days.
Cross-examined. Q. In the ordinary course of things, would the bag from Edmonton be brought by a riding-boy to the office? A. Yes - the porter, Simms, would have the handling of it first - he would only receive it - the officer of the road, Browning, would have it next - it would go from him to the stamper, and then to the sorter - the porter takes them from the office to the stamper, from him they go to the sorter, and then to the letter-carrier, and from him to his assistant.
MR. ADOLPHUS. Q. When the bag comes into the hands of Browning, would it be sealed up? A. It should be so.
MR. RICHARD PEACOCK . I am clerk in the office of Mr. Peacock, the solicitor to the Post-office. In 1830, on this letter being missed, I searched for John James , of John-street, Stepney - I made a diligent search, but could hear of no such person.
Cross-examined. Q. Have you made inquiry as to the prisoner since his apprehension? A. No.
BENJAMIN PRITCHARD . I am in the police. I apprehended the prisoner, on the 15th of September, in the parish of Chigwell, in Essex - he was conveyed to London- when I apprehended him he was in the uniform of the marines - I believe he was then in his Majesty's service.(Mr. Sergeant Arabin deposed to the prisoner's previous good character.)
GUILTY - DEATH .
(There was another indictment against the prisoner.)
Third London Jury, before Mr. Common Sergeant.
1476. BENJAMIN THORNLEY was indicted for burglariously breaking and entering the dwelling-house of William Greedey Mott , on the 30th of September , at St. Mary-le-bow , about eight o'clock in the night, and burglariously stealing therein 4 guard chains, value 20l., his goods .
JOHN DEATH. I am shopman to Mr. Greedy Mott. He is a silversmith , and lives at No. 55, Cheapside - I sleep in the house - I was sitting in his shop about twenty minutes after eight o'clock in the evening on the 30th of September - it was quite dark - I heard a window break on the outside - I immediately ran out and saw it was the corner window of Mr. Mott's shop, and some guard chains had been taken out - some persons had raised a cry of "Stop thief," and I saw the prisoner running up Bow Church-yard, of which our house is the corner - the guard chains had been taken from the front of the aperture of the window that was broken - there was a row of gold guards upon a wire - they were the property of Mr. William Greedy Mott - the four that were taken were worth 20l. - the person who took them must have put his hand through the pane into the shop to get them - I raised an alarm and followed the prisoner- a gentleman who was coming from the contrary way stopped him - he took his hands and I came up - he took from the one hand three gold guard chains, and from the other one - these are them (looking at them) - I have not the least doubt of their being my master's - his house is in the parish of St. Mary-le-bow.
GUILTY - DEATH . Aged 19.
Third London Jury, before Mr. Common Sergeant.
1477. BENJAMIN UNDERWOOD, alias Nicholson , was indicted for feloniously assaulting Mary Scully , on the 14th of September , at St. Andrew, Holborn , and taking from her person and against her will, 1 shilling, 3 pence, and 2 halfpence, the monies of Edward Scully .Field-lane - I asked her to allow me to go into her yard, which she did, and as I was coming out again she stopped me in the passage and said, "I wish you would give me something to drink" - I said I had no halfpence, she said I had silver, and I thought I had better give her a shilling, which I did - she asked me to go into the room while she fetched some gin - the prisoner was in the room when I went in - she brought back the gin and 4d. change - I had then 1s. 4d. in my hand - they drank the gin, I did not have any - the woman then left the room and another woman came in and said, "D - n your eyes, I suppose you have been robbing my husband" - I said I did not rob any person - she came directly and struck me, and forced the money out of my hand - and said, "I told you she had been robbing you" - the prisoner put his hand into his pocket, and said, "D - n her eyes, I think she has been robbing me" - she gave him the money and he put it in his pocket - he came and struck me over the eye and knocked me off the chair - he gave me this black eye which I now have - when he got me on the floor, he struck me on the shoulder and all about the body, and kicked me as well - I do not know what it was for - I had never been in the house before, and never saw him - he did not seem as if he had been drinking, only his part of the gin - I begged him not to murder me - I got up and got on the chair - he said, "You shall not leave here till you are murdered" - he tore off all I had on, and said,"Very likely she has more money about her" - I was so very faint that I did not recollect any thing for a few minutes, and when I came to my recollection, I heard the woman say, "You have almost murdered her" - then one of them fastened the door, and I could see they had emptied away two basins of blood which came from me - they took me into the yard, and got a tub of cold water, trying to prevent the blood - the prisoner said he found his half-sovereign on the floor, but I did not see it.
Cross-examined by MR. CLARKSON. Q. Do you know a person of the name of Catherine McCarty ? A. No; I do not know any woman who is now a prisoner in Bridewell, unless she is the person whom I asked to allow me to go into the place - there was a person before the magistrate- I had seen her when I was at the house - I live at No. 2, Tinley-court, Old-street - my husband is in the country, and he was so at the time this happened - the last time I saw him was about nine weeks ago - he is a labouring man - he has lived in Tinley-court - he is a tailor by trade, but is very handy at every thing - he was out of work, and he went into the country to his friends to try to get work - since he has been gone I do work when I can get it - sometimes cleaning and washing - I have worked for Mrs. Welch, who lives in the same court - I washed for her twice a week - I was paid 1s. 6d. - I have not worked for any body but Mrs. Welch, but I had been that morning to a person to know if they wanted me - my husband left me 5s. when he went away - the persons where I lodged have seen part of the 5s. - I have the two rooms on the first floor furnished - I have no family living - I came from the hospital to this Court to-day - the last time I was in Tinley-court was on the Sunday this happened - Mrs. Welch is my landlady - I have not had any visitors since my husband has been in the country, except a person from Berwick-street, who called to say she should want a person to work for her - I have had no male visitors but the landlord of the house - no other man has been to see me, neither young nor old - I am never up later than nine or ten o'clock, or very likely eleven - I have been out as late as twelve or one o'clock with my husband - I swear I have never been out as late as twelve or one o'clock since my husband has left town - I have been out as late as eleven o'clock with my landlady, but not alone, unless I have been at the next door or so - Old-street is not quite a mile from Field-lane - this happened about eight o'clock in the morning, as near as I can say - I went down Field-lane in my way home from the female in Berwick-street, who wished to employ me - her name is Mrs. Goodacre - she lives at No. 3, Downe's-place, Berwick-street - I got to her about a quarter before seven o'clock that morning - I got up a little after six o'clock - it is about two miles and a half or two miles and three quarters from where I lived - I did not stop there many minutes - I did not stop any where else - I had been there once before, but I did not come through Field-lane then - I passed by it once or twice - I have lived a year and nine months in London, but I have been in the country several times during that period- the door of the house I went into was open, and the shutters were up - the woman who was at the door had a handkerchief over her neck - her breasts were partly exposed - she had no bonnet on - I did not know what she was - there was a door in the passage with a little window in it - I cannot say whether there was a curtain to it - I did not know what place it might have been - I did not guess - if I had had the least idea, I would not have gone to such a place - I have heard of a house of ill-fame, but I did not know what they meant by it - I am twenty-one years of age, but I did not know what is the meaning of a house of ill-fame - there were public-houses before I got to this house, but I did not go in there because I did not want any thing to drink myself - I have been married five years - I married at sixteen - I have lived in town almost two years, but I did not know the appearance of a house of ill-fame - I thought I was going into a respectable house - it is the same lane where there are a number of pocket-handkerchiefs exposed on one side, and there are shoemakers on the other - there was no one with me - no one went with me from my lodgings nor returned with me - this occasion occurred to me before I got to Field-lane - I was about half way down Holborn when I first wanted - I went down some places in Holborn, but there were so many persons passing I did not like to go in.
Q. Where did you get the 2s. from? A. It was part of the money my husband left me - I had lived upon the other 3s., and what I got from Mrs. Welch, but she used to give me victuals as well - there was another woman came into the room I went into - I do not know who she was - I have not searched for her - I could not - I was in the hospital, and not allowed to go out - I was married in Moorfields, five years ago.
Q. Did you not say you had been in London a year and nine months? A. Yes - but I had been in London five years ago - for about three months - I first remember myself at Peterborough, in Northamptonshire - I have no father or mother, but I have cousins living there - I had
FREDERICK PRINCE (City police-constable, No. 79). I was fetched to Field-lane about twenty minutes before twelve o'clock, on the 14th of September - I knocked at No. 19, the diar was opened by a female, and I went in - I saw the prisoner on a sofa in the back room - the prosecutrix was in the yard - she was covered with blood, and her things all torn off her, except a small portion of her gown at the lower part of her - she was washing herself, with two females, in the yard - she said the man had ill-used her, and nearly murdered her, and I took him into custody, to St. Sepulchre's watch-house, and then locked him up in the Compter - the yard had the floor were covered with blood, and her clothes were from her person.
Cross-examined. Q. What was the size of the yard? A. About three or four yards square, and the room was about two yards and a half wide, and about three yards being - the place was all smothered with blood - I had known field-lane - there are about four bawdy-houses in it - they have the doors open night and day - the shutters of the one the prisoner has the care of are never down - there is a glass door in the passage, which is the general rule with houses of that description - I should know houses of that description from my own experience - if a half-naked woman was at the door, it would not increase the difficulty of knowing them.
Prisoner's Defence. The prosecutrix came into the house about eight o'clock in the morning - she was in the house about a quarter of an hour before I saw her come into the back room, and ask permission to wash herself - she was told, certainly she might do it - the servant of the house asked her to stand some gin, and she gave some money to fetch some - I do not know what she gave her - when we had drank that, she asked me personally to go cut, and have some rum with her - I went out after a good deal of persuasion, and we went into Thompson's, on Holborn-hill, where she called for a quartern of rum, which she paid for herself - after we had drank that, I paid for a quartern of rum, and we were in the public-house about an hour, talking over it - then I left her, as I thought, and returned to the house in Field-lane - I did not think she was following me - I returned to the house, and fell fast asleep, in consequence of the liquor I had had - I suppose I was asleep two or three hours, when the servant of the house suddenly awoke me, and told me that woman there had robbed me of half a sovereign - I felt in my pocket for the half-sovereign, and found it was gone - I arose up, and accused her of taking it - she denied having it, and a scuffle ensued between us - by this time, there were three or four women in the room - in the scuffle, the half-sovereign fell from some part of her person - I cannot tell what part it fell from - I picked up the half-sovereign, and then sat down on the sofa, - then the officer came and took me into custody - there was a woman that saw the whole of the transaction, but the officer heard she was coming to speak the truth, and he has brought some trifling charge against her, and confined her in Bridewell.
MR. CLARKSON to FREDERICK PRINCE. Q. Who took up Mrs. McCarty? A. I took her up on Monday afternoon last - Catherine Saunders is her name - I took her for an assault and striking the prosecutrix - I had repeatedly seen her, but I did not know she was the person till she was described by the prosecutrix.
MR. CLARKSON to MARY SCULLY. Q. Do you know Thompson's gin shop on Holborn-hill? A. No; I have heard speak of it many times - I know Holborn-hill - I passed down there that day - I do not know on what side of Holborn-hill Thompson's is - I do not know the house - I had no spirits that morning.
COURT. Q. Up to the time that the woman struck you and took the 1s. 4d. out of your hand, did the prisoner do any thing? A. She said to him, "I told you she had been robbing you," and he took the 1s. 4d. and put it into his pocket - when the woman struck me and took the 1s 4d. from me, the prisoner was standing by her side - he had one hand in his pocket, and the other in this manner against me (clinching her fist) - when I was before the magistrate I was hardly able to speak - the prisoner did not meddle with me till after the woman had taken the money.
GUILTY - DEATH . Aged 18.
First Middlesex Jury, before Mr. Justice Gaselee.
1478. HENRY SULLIVAN and JAMES ANDERSON were indicted for feloniously assaulting John Robinson , on the 21st September , at St. Martin-in-the-fields , putting him in fear, and taking from his person and against his will, 1 watch-chain, value 9d.; 1 seal, value 3s.; and 2 watchkeys, value 3d.; his property .
JOHN ROBINSON. I am a cabinet-maker , and live at No. 35, Northumberland-street. On the 20th of September, in the evening, I had been at the Blue Boar public-house, in Long-acre, and in the morning of the 21st about four, or between four and five o'clock, I stopped in St. Martin's-lane to rest myself, I presume - having taken too much in the night - during the time I was standing there I was attacked by four men - one pulled my hat down over my face, another struck me on the top of my hat, and another knocked me down - after that I became insensible, and did not know what was done till I got to the station-house - I walked to the station-house, but I do not know exactly how I did walk there - I got there about five o'clock, or perhaps a little after, and was locked up till I had a friend to relieve me, and the property I had about me was taken from me by the police - I found I had been robbed of my watch-chain - I had a watch when I was at the public-house in Long-acre - my watch was taken from me at the station-house, but the chain was separated from it - the chain had been taken from me before I got to the station-house - I missed nothing but the chain, seal, and two keys- I had 2l. 10s. in gold, and 12s. or 13s. in silver - that was all safe - every thing was safe but the chain, seal, and keys of the watch - I have a small portion of the chain now, which was found at the bottom of my pocket three or four
JOHN ATKINS . I am a lamplighter, and live in Marsham-street, Westminster. I was in St. Martin's-lane on Sunday morning, the 21st of September, at ten minutes before five o'clock - I went to turn off my lights - I saw the prosecutor standing with his back against a pawnbroker's shop, a few doors from St. Martin's-court; he seemed very intoxicated indeed - I know the prisoners, I saw them both with two more, they were coming from St. Martin's-court - they came up to the prosecutor, and one of them pulled his hat over his eyes, and the others struck him - I do not think either of the prisoners was the person who struck the prosecutor - Sullivan is the man who pulled his hat over his eyes - I went back to them and told them not to ill-use the gentleman - they then left him and went into the middle of the road - they then said something to one another and went back to him, under the pretence to pick him up - they then dropped him and left him, crossed St. Martin's-lane again, and went up into a court opposite - I then went into New-street, and saw two policemen, and told them what had happened - they directly ran and told me to follow them - (when they went back to him, with the pretence of lifting him up, I did not see what they did to him, as they were all four round him, and two attempted to lift him up) - the policemen desired me to follow them, and when we got into Bedfordbury the two prisoners ran into the first court out of New-street, in Bedfordbury - they all just came out of the court as the policemen got to the corner of it, and three of them ran down Bedfordbury, and the prisoner Anderson ran up the Bury - I followed him, and said to the policeman, "There goes one of them" - I followed him into Rose-street, calling, "Stop thief" - a policeman stopped him - I told the policeman to bring him back into Bedfordbury, and there found the other policeman had got Sullivan in custody - I told him I would go down to St. Martin's-lane, and there I found the prosecutor still lying where they had knocked him down - we took him to the station-house in Bow-street - I assisted the policeman in taking him there - the prosecutor was searched there, and two half-sovereign taken from him, some silver, a few halfpence, and his watch - I did not see any thing attached to his watch.
Sullivan. Q. You saw one of the party pick the man up? A. Two, and then they went into the middle of the lane, and when I went back the man was still lying down.
Q. Was he not as likely to fall as to be knocked down? A. He was knocked down, I do not know who by.
Anderson. Q. Do not you live in Medway-street? A. I did once - I now live in Marsham-street - I did not give my name as Edward Atkins - the prosecutor was very much intoxicated - he was searched at the station-house - I then left, and do not know what happened afterwards.
FREDERICK JOHNSON . I am a policeman. I was on duty in New-street, Covent-garden, on Sunday morning, the 21st of September, about half-past four, or a quarter to five o'clock - Atkins came to me - I ran on before him to the top of Bedfordbury, and saw the two prisoners and two more come out of Goodwin-court - they were running - they turned to the right and ran down Bedfordbury, all four of them - I heard Sullivan say, as they ran, "Not that way, you b - , there is no thoroughfare - up the next court"- meaning Chimister-alley - I was about two yards behind Sullivan then, and immediately laid hold of him, and said,"You shall not go up the next court at all events" - one of them ran up Brewer's-court - another policeman went up there after him - I took Sullivan and held him at the end of that court to prevent any body coming up - I then took him to New-street, and saw Robinson standing at the end of St. Martin's-court with Atkins the witness - I proceeded to the station-house with Anderson, who was in custody of another officer - on going to the station-house Sullivan said, "This will do you no good, I shall be one with you" - on getting to the station-house I searched Sullivan, and in his pocket I found this piece of tow with this piece of chain on it, as it is now - I took this knife and a latch key out of his pocket - Anderson was taken by Attfield - he was searched, but I believe nothing was found on him - the prosecutor was also brought to the station-house - I took his watch from him there; there was nothing attached to it but a split ring.
Sullivan. Q. You say, the four men went one way? A. They all turned to the right, and went down Bedfordbury - when I had Sullivan in custody, Anderson turned back, and ran by me, and Atkins said, "There goes one of them" - I said, "Run after him, and cry, 'Stop thief;'" but at first they all ran one way.
JAMES ATTFIELD . I am a policeman. I was on duty in New-street, and heard the cry of "Stop thief" - I saw Anderson in Lazenby-court - I was coming through the dark part of the court - it is very narrow - I met Anderson in the dark part of the court - I asked him what he was running for - the lamps had been just put out - he said he was going home - I told him he must have been doing something, or he would not run so fast - he said he had been doing nothing - at that time Atkins came up, and told me to take him into custody for knocking a gentleman down in St. Martin's-lane, and that there was another in custody in Bedfordbury - I immediately took him into Bedfordbury - Sullivan was in the custody of Johnson - I searched Anderson at the station - nothing was found on him.
JOHN ROBINSON re-examined. This is a portion of my chain - I can match it to the part left in my pocket - there had been a seal and two keys to it - I saw them safe as late as one o'clock, I am positive - I do not know whether I saw it after I left the public-house - I never take my watch out in the street, when I am in that way.
FREDERICK JOHNSON re-examined. I found the tow in Sullivan's left hand pocket - the chain was on it, and slightly entangled in it - it was not covered over with the tow, but lying on it - a person in the watch-house, who stood in the light, said, "There is a bit of chain in that tow," before I saw it.
Anderson's Defence. As I was coming down New-street, I heard a cry of "Stop thief" - I was not in company with the prisoner, or any body - I saw a man running- I ran after him - a policeman stopped me, and asked me where I was going - I said I was going home, but seeing a man run up there, I had run after him.
JAMES ROBINSON re-examined. I do not know when I found the part of the chain; it might be a week after, or more - it was my daughter found it; she took it out of my pocket - I do not think this could take place at the second examination - when I left the public-house, I would not let the waiter see me home - I suppose I walked about the streets, and stopped to rest myself till this happened - the landlady said she thought I had had more than would do me good - I was in no company after the waiter left me.
Sullivan. I can account for being there - I was going to Covent-garden market, and had the money in my pocket, which the policeman took from me.
FREDERICK JOHNSON re-examined. When I took the tow out of Sullivan's pocket, it was not put on any table - I had it in my hand, and while in my hand, Stace, who was formerly a serjeant in the police, said, "Why there is part of a chain in that tow" - it had not been out of my hand at the time.
Sullivan. Two pieces of chain were put before the clerk at the office - the policeman said it was broken, and the clerk said it was of no consequence, he might join them. Witness. I put the chain in a piece of paper, and when I took it out at the office it was in three pieces - I put them together, and there is not now a link missing - took all that from Sullivan's pocket.
JURY to ATKINS. Q. Are you quite certain the two prisoners were in company together? A. They were, I am certain, with the other two - they all four together, and there was no other person there - all four came down together, and went to the prosecutor, who stood with his back against the shutters, and Sullivan pulled his hat over his eyes - I never saw either of the prisoners before - I knew one of the others, which made me suspect them, as I knew he was a suspicious character.
SULLIVAN - GUILTY . - DEATH . Aged 23.
ANDERSON - GUILTY . - DEATH . Aged 23.
Second Middlesex Jury, before Mr. Baron Gurney.
1479. GEORGE BELL was indicted for that he, on the 26th of August , at St. Matthew, Bethnal-green, in and upon Martha Clements , feloniously, unlawfully, and maliciously, did make an assault, and with a certain sharp instrument then and there feloniously, unlawfully, and maliciously did strike, stab, and cut her, in and upon the left side of the navel, and the left side of the body, and the left thing, with intent feloniously, wilfully, and of his malice aforethought, to kill and murder her , against the Statute, &c.
2nd COUNT. Stating his intent to be to disable her.
3rd COUNT. Stating his intent to be to do her some grievous bodily harm.
MARTHA CLEMENTS. I am single . Some time ago I lived with the prisoner for four weeks - we parted twelve or thirteen weeks before this happened - on the 26th of August I lodged in a room in No. 4, Cheshire-street, Bethnal-green - the prisoner came to the house about twelve o'clock that day - he entered the room, which I was then scouring - he said, "Martha, I am come to murder you, and murder you I will before I leave you" - the shock was so great I could not speak at first, and he stabbed me in my left side, and I screamed out, and then he stabbed me again in the bone of my stays - he held me while he drew the knife out of my stays, and then stabbed me on the left breast - I then fell down, and he stabbed me in the thick part of my thing, and having no fire, I saved myself a great deal by bending myself into the fire-place - I screamed out, and Mr. Saint and his daughter ran down stairs - I think the prisoner heard that, and rather attempted to run away, but he tried to stab me in my throat, but I received the point of the knife in my fore finger - he went away; when Saint got to the bottom of the stairs I got up and went to the street door - I was hardly able to get up - a surgeon attended me - I had not said or done any thing whatever to the prisoner before he said he had come to murder me - I saw a knife in his right hand when he entered the room - I did nothing whatever to him before he stabbed me - he came unawares.
Prisoner. Q. Had I ever ill-used you before? A. I cannot say that he did use me well during the last fortnight- I was with him four weeks.
COURT. Q. Had he applied to you to live with him again after you parted? A. Yes, he did, but I did not agree to it.
JOSEPH SAINT . I live in the same house as the prosecutrix, at No. 4, Cheshire-street, Waterloo-town. On the 26th of August, just before twelve o'clock, I heard a violent sereaming, and ran down stairs - on going down I saw the prisoner leaving the street door - Mrs. Clements came out of her room with her hands extended - she appeared to be wounded - I saw blood on her thumb and fingers - I pursued the prisoner, and caught him - he ran, and when he saw me coming out of the door he rather looked round, and mended his pace - I followed him, secured him, and said,"You rogue, what have you been doing?" - he deliberately said, "I have stabbed the woman, and I hope I have done it effectually - I shall die happy to-morrow for it" - I took him back to the house - when I took him into the house I said to Mrs. Clements, "Is this the man who stabbed you?"- she said, "Yes;" and he said, "If I have done it effectually I shall die happy," and after that he asked her to shake hands with him - I said no, he had shook quite enough with her, and hindered him - he said she was the girl he
Prisoner. Q. Do you consider I was perfectly sober? A. No, I did not, because you smelt very offensively of liquor.
COURT. Q. Did he appear to know what he was about? A. He answered very sensibly, and spoke very perfect.
WILLIAM SHEAN . I am a policeman. On the 26th of August I was on duty in the neighbourhood, and saw the prisoner pursued down Manchester-street - he was stopped, and I came up and saw Saint holding him by the collar - I inquired what was the matter - I took him to the house where the prosecutrix was - I saw her sitting on a chair, and blood flowing from her left side on the floor - I asked him where the knife was - I saw a number of knives lying on the table - he said the knife was gone - I looked among the knives on the table, and asked him which one he did it with - he said it was his own knife - I found no knife on him - a knife was afterwards delivered to me by a brother constable, Jeremiah Haynes, 130 - he is not here.
Prisoner. Q. Did I state any thing further to you? A. On the road to the station-house, he said it was not done in a drunken frolic, it was meditated in his breast for two months, and he was sorry he had not done it effectually - and at the station-house I said to the inspector, that I must go back to the house to get a doctor to attend the woman, and the prisoner said he wished that I might bring news that she was no more - these stays were given to me.
JOHN BIRTWISTLE . I am a surgeon. I attended the prosecutrix, and found one wound about three inches on the left side of the navel, about an inch in length - it penetrated into the belly - another on the fleshy part of the left thigh, about six inches in length; and in the middle of that wound it was about two inches deep - another wound, about two inches, on the left side of the left breast, which appeared to have been stopped by the rib - she was sitting on a chair, and a great deal of blood on the floor - she appeared to have bled profusely - she was faint - she is very unwell now - she was obliged to undergo a great deal of active treatment to prevent inflammation, and was in great danger - the wound in the belly was one of the greatest danger - I could not tell the magistrate for a fortnight whether she would get well or not - I could not tell whether the intestines were wounded.
STEPHEN LAWRENCE . On the 26th of August, between ten and eleven o'clock, George Bell , the prisoner, came out of his own yard, belonging to the house, into my yard, which is rented under the same landlady - he asked me to lend him a penny, which I gave him - seeing I had more halfpence, he asked me to lend him another, which I refused - he said, "I have an instrument in my pocket I mean to do murder with this day, and life I will have" - he pulled the knife from under his coat pocket, and showed it to me, and went out after that - I can swear to the knife produced - it was such a knife as that, and sharpened in the way that is - I said, "Mr. Bell, you do not mean to do such a thing as that?" - he said, "I do" - he went out - I told my landlady what had occurred - she told me to go out and look for him, and see for a police-constable - I went, but could find neither, but on returning back to my lodging I saw the prisoner - he stopped me, and said, "Stephen, what a deceitful fellow you are to tell the landlady what I told you" - I said it was my duty.
HENRY THEOBALD . On the 26th of August I was standing almost opposite the house - I heard a scream, and went towards the house, and the prisoner came out with a knife in his hand - he ran about eighty yards, and then Martha Clements came out and said, "Stop him; that is the man" - I did not see him stopped.
Prisoner. I wish to state that in the morning I had no knowledge of what I did - I know nothing of the transaction - I am a stranger in London, and have no witnesses.(The prisoner here handed the following written defence.)"I beg your clemency, your protection, your gracious assistance. I humbly place myself at your feet, imploring your mercy and the humanity of the Court. I have known Martha Clements from my childhood, and at the age of seventeen I have formed a strong attachment for her. Soon after, I entered the East India Company's service, and served in it the term of seven years. On my return to this country, in May, 1833, I landed at Gravesend; I came direct to London, and made inquiries after Martha Clements, and found she was not married, but had a child, who is now living. I remained in town three days, chiefly with her. I left and went to my friends in Gloucestershire, with a full intention (as I then promised) to return in a month, and that we would then get married, as my affections were very great for her, and I believed she felt the same ardent wish for me. When I returned to Gloucestershire, my health became much impaired from the sudden change of climate, and continued so a long time, which prevented me coming to London for nine months. I returned in February last; Martha Clements and I, from that time, associated together: we arranged to get married, had the banns put in and registered at Shoreditch Church; we then mutually agreed and cohabited together until circumstances would admit of our union. I am a shoemaker, and with our industry we lived in comfort: we were several weeks in this mutual, and, as I believed, affectionate way. I have done all in my power to make her happy, and resolved to get married in a few weeks. She caused the marriage to be delayed. I was told that she was carrying on an unlawful intercourse with another man, which caused a dispute between us, and much uneasiness to me; she denied it, but in a short time after she proved it to be too true, for she left me and took with this man. I went after her four different times; each time we met, and she told me that she was cohabiting with this man, ( Benjamin Dorman , a silk weaver,) and that they were intimate together before I came to London - we drank each time that we met; I on all those meetings used all the persuasion that I could to her to give up this man's acquaintance, and that I would never accuse her of it. She did not say that she would agree to my wishes, but told me she would come to me at my lodgings: she did not come to me. I was very much troubled and unsettled in my mind since she left me, and from that time I could not rest but thinking of her. The morning I was taken into custody, I drank several glasses of spirits; I therefore lost all command of myself, all
My Lord, and Gentlemen; I throw myself to your mercy, and hope you will take my case into your humance consideration.
GUILTY - DEATH . Aged 30.
OLD COURT, Thursday, October 16, 1834.
1480. CHARLES ADAM CORBYN was indicted for stealing, on the 28th of September , at St. Pancras , 3 watches, value 100l.; 3 seals, value 17l.; 1 snuff-box, value 30l.; 1 ring, value 6l.; and 1 watch key, value 1l.; the goods of Sir Charles Forbes , Bart ., in his dwelling-house , to which he pleaded
GUILTY . Aged 18. - Transported for Life .
GUILTY . Aged 29. - Confined Three Months .
Before Mr. Baron Gurney.
1482. JOHN WILKINS was indicted for that he, on the 11th of August , at Westminster, in and upon Eliza Billings , feloniously, unlawfully, and maliciously did make an assault, and with a certain sharp instrument feloniously,&c., did strike and cut her in and upon her back, with intent feloniously, wilfully, and of his malice aforethought, to kill and murder her .
2nd COUNT. Stating his intent to be to disable her.
3rd COUNT. Stating his intent to be to do her some grievous bodily harm.
ELIZA BILLINGS . I am single . In August last, I lived by the water-side, at Chelsea, with the prisoner - I lived with him, off and on, about seven months - on Sunday, the 11th of August, I was in company with him all day nearly - I had been with him to a public-house, and had too much liquor - we were very much in liquor - I had some words with him, both at home and out of doors - we were in a public-house together about seven o'clock in the evening- the prisoner had left me for about ten minutes or a quarter of an hour - I was walking with Chandler in Westminster - I do not know the name of the street - it was by the Infirmary, and I met the prisoner - I said something to him, but I am sure I do not know what - he said something to me, I do not know what, and he struck me, but he was eating something when I met him - he struck me on the back, and he happened to strike me with the same hand as he had a knife in - he was eating something with it, but I do not know what - I fell, as I was so much in liquor, and so was he - I became insensible - when I recovered, I found myself in the hospital - a great while afterwards, I found I was injured in my back.
Cross-examined by MR. STAMMERS. Q. Had you some words with him? A. Yes - we quarrelled before we had the liquor, and after - we had quarrelled two or three days before - when I drank with him, the quarrel we had had that morning was all over - it was not exactly over, but I drank with him after it - I was not exactly on bad terms with him, after I drank with him - I lived on good terms with him - he was always very kind to me, and I do not think it was done wilfully - when I met him, I was very much intoxicated - I do not know what I said to him - it might have been something very aggravating - I do not know whether I laid hold of him, or asked him to go with me - I will not swear I did not lay hands on him, and endeavour to drag him away, because I was more likely to do it than not, and most likely I did - I do not remember much about it - I am confident the blow was accidental.
COURT. Q. Did you attend before the magistrate? A. Yes - I failed attending here last Sessions.
THOMAS POOLE . On the 11th of August, I was near my own door, at No. 30, James-street - I did not see the prosecutrix - I only saw a man run up the street and drop a knife - I have never seen the man since - I do not know whether it was the prisoner - Pearce picked up the knife and gave it to me - I gave it to the policeman.
JAMES CHANDLER . On the 11th of August, I was in company with Eliza Billings , at Chelsea - the prisoner was with her then - I was going to Queen-square, to get a warrant - we were coming out of the Hoop and Grapes public-house, in Queen-square, about seven o'clock in the evening, when the prisoner left us - she and I walked towards home- we met the prisoner again, in about a quarter of an hour- he ran up to her and struck her in the back, then he walked away to the corner of William-street, and then ran away - I ran a little way, then came back to her, and she was being led away to the hospital - she was bleeding at her back - I went on towards home, and met the prisoner in Pimlico, and asked if he knew what he had done - he said,"Yes," but he could not help it, he was very sorry for it, and asked if I would let him go up into my room and sit there while I went to see how Billings was - I did so - I went and inquired about her, but we could not see her till next morning, at ten o'clock - I came back, but did not see the prisoner again myself till he was committed - I did not hear Billings say any thing to the prisoner whatever, before he struck her - she had done nothing to him - I was sober.
Cross-examined. Q. How near were you to him when the blow was given? A. A short distance - they were both intoxicated - she might have said something to him, and I not hear her - he did not say he did not know he had a knife in his hand - I did not see him when I returned from the infirmary - he expressed himself sorry and concerned about her.
COURT. Q. Did he say any thing more than you have told us? A. No.
HENRY HANCOCKS . I am house-surgeon at the Westminster Infirmary. I was called to see the prosecutrix soon after she came in - there were two flesh wounds in her back, one about an inch long and three quarters deep - the other about a quarter of an inch long and three quarters deep - they appeared to be inflicted by some sharp instrument - a small knife - she was not in the infirmary above two days - she asked permission to go and see a brother who was dying of
GEORGE THATCHER I am a policeman. I apprehended the prisoner on the 11th of August, about eleven o'clock at night - I asked if he knew what I apprehended him for - he said not - I said it was for stabbing Eliza Billings , and he denied it - the knife was given to me - I have had it ever since - it is in two parts.
NOT GUILTY .
Before Mr. Justice Gaselee.
1483. JEMIMA FULLER was indicted for stealing, on the 31st of August , 57 sovereigns, 10 half-sovereigns, 60 shillings, and 7 sixpences, the monies of Mary de Choiseul , her mistress, in her dwelling-house .
MR. CLARKSON conducted the Prosecution.
MARY DE CHOISEUL . I lodge at No. 54, Gloster-place, Portman-square . I have an apartment there - Mr. Wade, the owner of the house, lives in it - on the 30th of December, I took the prisoner into my service as a ladies'-maid - I usually keep a desk in my bed-room - in August last, I had some money in that desk - I kept the desk double locked, and then it was locked inside a bureau - both keys were in a little cupboard - I occasionally left my keys about- on Sunday, the 31st of August, about half-past four o'clock in the afternoon, I examined my desk - there ought to have been 90l. there - there were 20 sovereigns, 20 half-sovereigns, 30 sovereigns in one box, and 12 new sovereigns in another box - there was in all 90l. in sovereigns and half-sovereigns, except about 3l. in silver - when I examined, on the 31st of August, I found only 24l. 16s. 6d. - I missed 65l. 3s. 6d. - I had in the desk a small piece of paper on which I had made some calculations; and that paper, and all my papers that were in the desk were missing- I put my money into the desk just before I went to Bath, about the third week in June, or it might have been the fourth week - when I missed the money I was going to church, and was to have met the prisoner at church - and when I got there, I said to her, "Fuller, I have met with a great loss" - I explained to her that I had sustained this loss, and where I had lost the money from - her answer was, she would go with me to any Justice and swear she had never touched it - I was perfectly satisfied, and did not suspect her - about a fortnight afterwards she told me she was ill - she said she had changed her last shilling to pay three-pence for tincture of rhubarb - on Sunday, the 31st of September, as she did not come to church as usual, which I had desired her to do, I left the church, and went to her mother's house, at No. 10, Upper Park-place - I saw her there - (this was in church time) - she returned home with me, and then became exceedingly ill, and fainted away - she was put to bed - I examined her clothes and pocket, and found a sovereign in a black silk bag, and a sovereign and a half-sovereign in a purse, a half-crown, and three half-pence - on the following morning she asked for her bag- I then went and asked her how she got her money - I neither threatened, nor made her any promise - I said if she would not criminate my servant whom I had suspected of the robbery, then if she would give me back my money I would forgive her - she owned that she took it.
COURT. Q. Did she own she had taken it before you said you would forgive her, if she gave you back the money? A. No, I think not - she did not tell me that till I told her I would forgive her, I think; but I cannot recollect.
MR. CLARKSON. Q. After she gave you some account, did you require to have her boxes searched? A. Yes; I fetched the landlord of the house up - they were searched by three people - I was present, and the master and mistress of the house - among other things found, my maid found a piece of paper in a box or bag of hers - I was in the room when it was found - it was a rough memorandum which I had made of the money, and had left with the money in my desk - it is in my own handwriting.
Cross-examined by MR. PHILLIPS. Q. Had you ever told the prisoner you had money in the desk? A. No; I am a widow - I had never sent her to the bureau for money - she has been to it for other things - she came to me on the 30th of December - I had a good character with her - I returned from Bath on the 15th or 16th of August - it was safe then - and I then put 35l. into it.
MR. CLARKSON. Q. When you returned from Bath there was 55l. in the desk, and you put 35l. to it? A. Yes; this is the memorandum I had in the desk with the money - it contains the particulars of the money I had before I went to Bath - there were several other memorandums with it - I missed all the papers.
MR. PHILLIPS. Q. Can you tell us when you last saw that memorandum before the 31st of August? A. I never saw it since I came from Bath - I left it safe when I went there.
JANE ELLIFF . I came into the prosecutrix's service on the 7th of October - I found this memorandum last Friday in the prisoner's room among her papers - I was looking into her boxes by mistress's direction - this was after she was committed for trial - I did not come into service till the 7th of October - I found the memorandum either in a box or bag; but the room was in great confusion, I cannot tell which.
Cross-examined. Q. Was the bag in a box? A. I cannot tell - there were several bags - some bags hung in a closet in the room - the closet door was locked - there was no padlock on the bags - any body could open them - the boxes were all locked - I received the keys of them from mistress, who was in the room when I found the paper, nobody else.
MDM. DE CHOISEUL. I had no servant about my person but the prisoner.
NOT GUILTY .
1448. JEMIMA FULLER was again indicted for stealing, on 1st of April , 30 yards of calico, value 12s.; 5 yards of lace, value 5s.; 2 mugs, value 15s.; and 1 pocketbook, 2s.; the goods of Mary de Choiseul , her mistress .
MARY DE CHOISEUL . The prisoner came into my service on the 30th of December - in April, I had some calico lace, and a pocket-book - I missed the pocket-book about a month after she came into my service - I missed lace, three or four months ago, and several pieces of calico - in the course of my conversation with her, on the 21st of September, I asked her for the keys of her boxes - I found them in her pocket by her bed-side - I opened her boxes - I do not know whether it was on the same day, but I believe it was; and in the boxes I found some calico - she was not present; she was ill in bed - I saw the mistress of the house find the calico in a box in the prisoner's room - it was mine - there was my own mark on it - I had written eight yards" on one piece, and "four yards" on the other - I marked it myself - I found a cap of hers, made up, trimwith some lace the same as mine, and which I believe to be mine - I have part of the lace here to compare with it - it is the caul of a cap - I found the pocket-book in her bag, when I found the money - I am certain the calico is mine - I have the lace now - here is the cap I found in her box, and here is a piece of lace which was in my possession, and which I believe to be part of the same - I missed as much lace as is in this cap, and a good deal more - this calico has "eight yards" on it, in my handwriting; and here is the other piece, with "four yards" on it in my handwriting in pencil - this pocket-book is my property - I suspected my old servant - when I had examined the prisoner's boxes I went down to the prisoner and spoke to her - after telling her I would forgive her if she would give me my money back, I went up stairs and found these things - I then came down to her, and said, "Oh for shame, Fuller! how could you let me accuse the other servant of the things which have been found in your box?" - (I had frequently accused my other servant of it in her presence) - she made no answer to what I said.
Prisoner. That calico is my own; if there is any mark on it, it has been put on since, for I bought it at Paul and Rout's, in Oxford-street - when she found the things she told me she would freely forgive me, and I should go home, if I would not say any thing about it. Witness. I never did.
MARY ANN ABEL . I was formerly in the service of the prosecutrix - I left on the 30th of December - the prisoner succeeded me - I left, I believe, about an hour before she came - I was present when the prosecutrix bought some calico, but I cannot say I can swear to it - I was present when she bought some in Tottenham-court-road, and some at Swansea - I have been in the service of Mr. Twyford, the magistrate, ever since - I was suspected of having taken things from the prosecutrix - on my oath, I never took any thing from her in my life - I sewed some calico at Swansea for her - this piece is exactly like my work, and it is the same sort of calico, but I will not swear to my work - it is done in the same way as I sewed it.
MRS. DE CHOISEUL. Abel is the girl I accused of taking the things after she had left.
FRANCIS KEYS . I am an officer. I took the prisoner into custody, on the 24th of September - the articles produced were delivered to me that day, and have never been out of my possession - the marks were on them then - I heard the prosecutrix mention the marks, but I did not notice them myself.
Prisoner's Defence. The cap is made off a piece which my mistress gave me out of her drawer, before we went to Bath, and the calico is my own - they are different pieces; one is 6 1/2d. a yard, and the other is 4 1/2d.
MRS. DE CHOISEUL. I never gave her a piece of lace at all.
GUILTY . - Aged 18. Transported for Fourteen Years .
Before Mr. Baron Gurney.
MR. CLARKSON conducted the Prosecution.
JOHN CLAY BOUTALL . I am a veterinary-surgeon , and live at No. 32, North-row, North Audley-street. I had a mare belonging to the Honourable Mr. Ashburner in my care - she was a bay mare - Joseph Earl is in my employ - I saw the mare myself turned on Harsleston-green, four miles from Tyburn turnpike, and two miles from Kilburn , on the 4th of September - I missed it next day, at twelve or one o'clock - she had tips on her fore-feet, and her shoes were off behind - I saw her again on the 4th of October, in the neighbourhood of Finsbury-square, in the possession of William Wright , in a cab - I claimed her - Wright gave me an account how he came by her - I am sure she was the same mare - she was worth from 30l. to 35l.
WILLIAM WRIGHT , SEN. I am a proprietor of cabs, and live in Paradise-place, Lower-road, Islington. On the 5th of September, I was in the neighbourhood of Finsbury-square, talking to Jolly - the prisoner came by on a mare, and asked if we knew any body who would exchange this mare for a pony - Jolly said he thought he knew a man who had a pony to part with - he produced the man to him - I followed him soon after - the prisoner looked at the pony - they did not agree about the exchange; and after that, Jolly asked him the price of the mare, as he thought he knew who would buy it - he said, about 15l. - I thought her cheap, and afterwards said, "If you will buy the pony, I will buy the mare" - I at last bought the mare of the prisoner for 13l. - I was met with the same mare, driving in a cab, by Mr. Boutall, afterwards - the prisoner said he had her from a gentleman named Windle, and had had her six weeks - this was on the 5th of September - in consequence of suspicion I afterwards entertained, I only paid him part of the money - he was to come for the rest on the Monday following - he gave me the name of James Thomas .
CHARLES SCOTCHMER (policeman G 125). On the 9th of October, in consequence of what I heard from Wright, I took the prisoner into custody, and told him it was for stealing a horse - he said he never stole it, but that he bought it at Paddington - I asked if he knew the man he bought it of - he said not - he did not say when he bought it - I have got the receipt he gave in the name of Thomas.
Prisoner. Q. Did I not tell you where I got it? A. He said he bought it at Paddington - I asked if he ever bought any more horses - he said, yes, he had, and had sold
SAMUEL TWYFORD , ESQ. I am a magistrate. I acted as magistrate when the prisoner was examined as to the charge of stealing the mare - I do not recollect the prisoner, but this signature to the examination is in my handwriting - it was read over in my presence, and taken from the prisoner's mouth - (read) - "The prisoner says, 'I bought the mare, on the 4th of September, at the Cock, at Kilburn, about eleven o'clock in the evening: I gave 12l. for her. The man I bought her of was a total stranger to me: he told me his name, but I forget it."
GUILTY . - Aged 23. Transported for Life .
Before Mr. Justice Gaselee.
ANDREW COXHEAD . I am shopman to Mr. Thomas Moore , an umbrella maker , of No. 33, St. Martin's-court . I was left in care of the shop on Wednesday, the 10th of September, from a quarter after seven o'clock in the morning till eleven o'clock: during that time I placed this silk on the counter - it was in one piece - Mr. Moore and I had occasion to look for it, and it was gone - it was brown silk for covering umbrellas, with a tobine border - it was lutestring, twenty-seven inches wide - there were ninety-eight yards, and it was worth 20l. - I had placed it on the counter in the morning to clean out the shop, and missed it about ten o'clock, when Mr. Moore came to town; there was nobody in the shop but me - before that I had occasion to go out of one shop into the other, and I suppose in the mean time it was taken - I had but one customer there all the morning - it was a large roll of silk - I went round to a great many umbrella makers and pawnbrokers, and told them of our loss - next day we heard it had been offered for sale, and I saw that day a pattern about two inches wide at Mr. Wilson's, in Crown-street - the pattern is exactly like ours - it has a tobine border - I have not seen the piece itself since.
Cross-examined by MR. CLARKSON. Q. Were you examined before the magistrate at the first examination? A. Yes - Lloyd was examined as a prisoner - he was not desired to tell all he knew that day - he said he would cause the person to be brought forward who gave him the silk - he was the only person in custody then - that was on the 11th - he said he had received it from a person, and he would do all he could to get the person into custody - the next examination was next day, Friday - Lloyd had been asked to find bail to appear if the person was taken - he at first said he thought he could find bail, but he did not - this was at the third examination - at the first examination he gave an account how he got the pattern - he was asked who he received it of - he was not asked to find bail at the first examination - he was taken by his own desire to a coffee-shop, for the purpose of finding Bradley Potts - he expressed his readiness to discover the person for whom he received the pattern - he gave a full account of what he had to say on the subject - he was not sworn - on the third examination the magistrate asked Lloyd if he received the silk from Potts - that was on the Tuesday, and that was taken down, I believe, in writing - he was treated as a witness on the part of the Crown at that examination, and he seemed to render every account he could of the pattern, and from whom he received it.
Cross-examined by MR. DOANE. Q. It was after Lloyd was in custody on this charge that he gave this account? A. Yes - he did not give more than one account of it in my presence - he said he received it from Bradley - he did not make use of the name of Potts - I do not recollect that he gave any address - I was in my master's shop on the 10th at a quarter after seven o'clock in the morning - I had one customer come in about nine o'clock in the morning - I missed the silk about an hour or an hour and half after the customer left the shop - when the silk is rolled up it would make a parcel of twenty-seven inches long- there was a wooden roller in it - it could not be doubled up.
ALEXANDER WILSON . I am an umbrella manufacturer, and live in Crown-street, Finsbury. I have known the prisoner Lloyd about six years - he was formerly in the house of Morrison and Co., silk-mercers - after leaving them he was in business for himself in Fore-street, City - all I know of him for the last three or four years was his calling on me to ask for relief - on Thursday, the 11th of September, between two and three o'clock, he called and showed me a pattern of silk, and asked if I could purchase it, and what was the worth of it.
ALEXANDER WILSON re-examined. I have no doubt this is the pattern - the prisoner showed it to me - he asked if it was worth 2s. 6d. a yard - I replied, that I could not buy under these circumstances - I must see the manufacturer - he replied, that he would bring the person to me who had the piece - I said that would not be sufficient, I must go to his house to know that he was the manufacturer, having my doubts of it - he said there were about one hundred yards, and afterwards he said it was exactly one hundred yards, and the manufacturer was Mr. Taylor, of Gee-street, Goswell-road - I said I would keep the pattern - he urged very much to have it back - I then told him I suspected it was stolen - he said he knew nothing of it if it was stolen - I said, having known him when he was respectable, I hoped he had not lost his character, and would give what information he could, as he declared he was innocent of any thing - he said he met a man named Bradley, in Bunhill-row, and that he would bring him to me next morning at ten o'clock, as he had appointed to meet him next morning at a coffee-shop in the City-road - he wished to bring him that afternoon, but I told him I should not have time to attend to it - he then left - after he went away I made inquiry, and discovered a piece of silk had been stolen from Mr. Moore the day previous - between five and six o'clock that evening, Lloyd called again, and inquired if I had heard any thing more about it whether it was stolen - I told him what I had learnt respecting it, and asked him if he could produce the person directly from
Cross-examined by MR. CLARKSON. Q. If he had asked a reasonable price, perhaps you would not have objected to purchase? A. I should, unless I found he had bought it honestly - I never suspected him before - I told him my suspicions the first time he called, when he wished to have the pattern back - he returned to me the same evening, to know if I had ascertained whether it was stolen - I do not think he has varied from the account he first gave - I told him I believed he had become the dupe of somebody who had come improperly by it, and I believe so now - I was before the magistrate four times - he appeared ready to give every account of the transaction which he was able - it was in consequence of what he said that the other prisoner was taken - he was told by the magistrate he must find bail for his appearance or be committed, that justice might be brought home to the person from whom he received it - I believe he was treated as a prisoner until the last time he was brought up - Potts had been taken into custody on the Saturday night before - he was told at the final examination that he must remain in custody to bring the case home to Potts - he was asked what he had to say, and it was taken down.
Q. Did the magistrate say he felt convinced Lloyd was innocent, but he must remain in custody till Potts was tried? A. He said he thought so.
Cross-examined by MR. DOANE. Q. All you know is, that his statement was taken down? A. Exactly so - the statement was not taken down before the magistrate the last time - it was done in a private room by the clerk, and after the examinations were taken down, Lloyd was asked what he had to say - I understand Potts gave himself up - Morrison and Co. are in a great way of business.
WILLIAM GANDY . I am a silk manufacturer. I know this pattern of silk - it is the pattern of a piece of silk which I sold to Mr. Moore - it was the first piece I made with the border arranged as this is.
WILLIAM KURTON . I keep the City-road Coffee-house, in Peerless-place. I know Lloyd, and remember his coming to my coffee-house on Thursday, the 11th of September, about ten minutes before three o'clock in the afternoon - he asked me if his friend was there, I told him no - I supposed by his friend he meant Bradley - I have never seen him with any other person - I had seen them together often, for about two months - he said he would wait for him - Bradley Potts came in about ten minutes after four o'clock, and had a bag with him - Lloyd had nothing with him - there appeared to be two rolls of something in the bag - he set it on the seat by his side - Lloyd came to him - they remained in private conversation for about five minutes, then went out, and stopped there about five minutes - Bradley still had the bag - they went away - Lloyd returned in about five minutes and took tea - he stayed till about ten minutes after five o'clock, and then went away - when Bradley put the bag down by his side, it appeared to contain a hard substance - it appeared to contain two rolls, about three quarters of a yard in length - I saw Lloyd again on the following morning, at ten minutes before ten o'clock - there was an officer with him then - he came in and asked if his friend was there - I told him no - they waited about ten minutes, and then went away - Bradley did not come there that day.
Cross-examined by MR. DOANE. Q. What time did Potts come? A. About ten minutes after four o'clock.
MR. CLARKSON. Q. Had you known both the prisoners any time? A. For about two months or more, coming to the house - Lloyd spoke of the other prisoner as his friend- I did not know his name till Beresford, the officer, told me.
MR. DOANE. Q. The bag appeared as if it had two rolls of something? A. Yes, that is my impression now- the bag was about three quarters of a yard high - it might have been longer than this bag (looking at one).
THOMAS PRINDIVILLE . I am a policeman. I was sent for to Mr. Wilson's - Lloyd was delivered into my charge by Mr. Moore's brother - I got this pattern from Coxhead on the evening I took Lloyd into custody - it has been in my possession ever since - Lloyd told me that on his way through Bunhill-row he met a man named Bradley, who asked him if he would dispose of some silk for him; and when I took him into custody he said he could find Bradley at a coffee-shop in the City-road next morning at ten o'clock - I took him to the station-house, and went with him to a coffee-shop next day - I remained outside the coffee-house for half an hour, and then I took him back to the station-house.
Cross-examined by MR. CLARKSON. Q. Should you have known where the coffee-shop was unless the prisoner directed you to it? A. I might have known if from his mentioning the City-road - I know nothing of Potts myself - he described the person of Bradley to me, and told me as he could not see him at the coffee-shop, that he had promised to be at Lambeth-walk on the Saturday following at a shop there - I went to that place, but did not find him - I described his person to Clarke, another officer of that division, who took him - the description given me by Lloyd corresponded with the description of Potts.
HENRY BERESFORD . I am a police-sergeant. I was present on the Thursday when Lloyd was brought into the station-house, in Featherstone-street, City-road - he said he had been employed by a man named Bradley to sell some silk- I asked if he knew where Bradley lived - he said he did not, but believed somewhere about Islington or the City-road - he could not tell exactly where - he said he promiscuously met him that morning at a coffee-shop in the City-road, where he asked if he knew of a customer for the silk, but he had no idea that it was stolen - he was taken to
WILLIAM CLARKE . I am a policeman. On the Saturday in question I was on duty in Lambeth-walk - another officer, (G 140,) gave me a description of Bradley; and between five and six o'clock that afternoon Potts came to me and tapped me on the shoulder, and asked me if I wanted him - I told him I did not particularly want him myself, but there were two young men, who I believe were down at High-street station, that did want him - I asked him to go there - he said he would go presently - I asked him a second time, and he made the same reply - I then told him I wished him to go along with me, and asked him his name - he said that was immaterial - we went down to the station-house in High-street, and they could give us no information concerning it - he went with me to Featherstone-street station-house, and Beresford identified him - he was detained - he perfectly answered the description given of him by G 140.
Cross-examined by MR. DOANE. Q. When he came up to you did not he say that two policemen had been to his house in his absence? A. Not till he asked me if I wanted him, he then said so.
WILLIAM KURTON re-examined. I have always said there appeared to be two rolls in the bag - I said so before the magistrate.
Lloyd. I have nothing to say further than I have already stated.
WILLIAM WEST . I am a watch-jeweller, and live in Little Mitchell-street, St. Luke's. I know Potts very well- I remember his being at my house on the 11th very well - in the afternoon - he left a great coat at my house, and carried it away in a dark bag - as far as I can recollect this is the bag (looking at one) - I helped him to put the coat into the bag - there was a small parcel in it, which he said was tea - when the parcels were in the bag it presented the appearance it does now, only it stood more upright - I have been out of Court during this trial - he took the bag away with him.
COURT. Q. How far do you live from the City-road? A. Not quite a quarter of a mile - he came to me between one and two o'clock - he took it away about four or half-past four o'clock.
HENRY JURY . I am an artist, and live in Union-row, Kent-road, about a mile and a half from St. Martin's-court. I merely know Potts from his being in our house- he was there on the Sunday night, the 7th, and on Monday, and Tuesday - Tuesday was the 9th - he slept there - I saw him on Wednesday morning, the 10th - I think I saw him every morning - I went out between eleven and twelve o'clock on Wednesday morning - he went out before me, about eleven o'clock or a quarter after - Ann Seager lodges in the house.
ANN SEAGER . I am a stay-maker, and live where Jury does. I remember seeing Potts about the middle of September - he slept there sometimes - I remember his being there on Sunday, and I saw him on Monday, Tuesday, and Wednesday morning - he slept there on Tuesday night- I saw him in the house - he came to see a friend - I saw him between seven and eight o'clock on Wednesday morning, and about ten o'clock; and after eleven o'clock I took some bread and gooseberry jam with him.
NOT GUILTY .
Before Mr. Baron Gurney.
1487. THOMAS PAMPHILLON was indicted for feloniously breaking and entering the dwelling-house of Joseph Thorp , on the 4th of September , at St. Matthew, Bethnal-green, and stealing therein 1 watch, value 10s.; 2 jackets, value 8s.; 1 pair of trowsers, value 4s.; 2 pair of stockings, value 1s. 6d.; 1 pair of boots, value 7s.; 3 shirts, value 4s.; 1 seal-skin cap, value 3s.; 4 books, value 2s.; 1 box, value 2s.; 2 night-caps, value 6d.; 1 half-crown, 1 shilling, and 2 sixpences, his goods and monies .
JOSEPH THORP . I live at No. 8, Chapman's-gardens, in the parish of St. Matthew, Bethnal-green - the prisoner's father lives next door to me. On Thursday, the 4th of September, I went out about nine o'clock in the morning - I left nobody in the house - I returned between three and four o'clock, and in about half an hour I went into my bed-room and missed my box, containing the articles stated in the indictment (enumerating them) - the house was entered at the front by a key - I had left my key with my son - he was not at home - the key of the next house will unlock my door - a person belonging to the next house could open my door with their key - on the Monday following I found some of the things.
SARAH EGGLETON . I live near the prosecutor, at the back of his cottage - I can see the top of his house from my house. On Saturday evening, the 6th of September, as I was sitting in my kitchen, I saw the prisoner on the tiles of his father's cottage, with a light in his hand - I saw him remove three or four tiles, and enter under the rafters - he was there about a quarter of an hour - he then raised himself above the tiles, and put out the light - I saw no more then - on Monday evening, I was at work in the kitchen, about seven o'clock, and hearing a rattling under the tiling, I opened the door, and saw the prisoner on the tiles of his
HENRY THORP . I am the son of Joseph Thorp. Directly I came home on Monday night, about seven o'clock, my father said he heard something about where the box was hid - I concealed myself behind the chimney pot, and saw the prisoner remove three or four tiles - I came down and called the policeman, who came and took him into custody - I went down the hole he came out of, and took out a Bible and two spelling-books from under the tiles of his father's house.
JAMES KING . I am a policeman. Thorp fetched me, and I saw the prisoner on the tiles making his escape into another yard - I pursued and caught him in the adjoining yard, and took him into custody - the books were given to me by Henry Thorp .
( Henry Bates , 2, Chapman-gardens, Seabright-street, Hackney-road; Louisa Goodluck ; Mary Pamphillion , the prisoner's aunt; Richard Calcot , shoemaker; John Shrewsbury, jeweller; and James Calcot , gave the prisoner a good character.)
GUILTY. Aged 12. - Recommended to mercy .
Transported for Seven Years .
First London Jury, before Mr. Recorder.
1488. HENRY LAST, alias Smith was indicted for feloniously assaulting Robert Alexander Collins , on the 23rd of September , putting him in fear, and taking from his person and against his will, 1 sovereign of his money .
MR. CLARKSON conducted the Prosecution.
ROBERT ALEXANDER COLLINS . I am a ship-chandler , and live in East Smithfield. On the 23rd of September, I was standing at my own door with some ladies, about ten or eleven o'clock in the forenoon - the prisoner came up to me, and delivered a letter to me - I asked him who the letter was for - he said it was for myself - this is the letter -(looking at it) - after the ladies had left me, I read it - I became very much alarmed at reading it, and told him I supposed his object was to extort money, and nothing else - I told him, if he would meet me in Fenchurch-street in the afternoon, at three o'clock, where I had business, I would give him some - I told him I had never seen him before, and his only object was extortion - I told him I did not know any thing of him, and had never seen him before, to my knowledge - he made no answer to that whatever - he left me then, and I met him at the time and place appointed, and gave him a sovereign - I do not recollect his saying a single word before I gave it to him.
Q. Had you business there at that time? A. I was going to receive some money from Mr. Smith, a merchant, there- when the prisoner came to me at the door, I had only a few shillings in my pocket - when I gave him the sovereign, he said, "That is not enough; that will not do" - I told him I was perfectly aware his object was to make a property of me, and he wanted to get money from me, and nothing else, and I would meet him on the Friday following, and give him another sovereign - he said, very well, that would do - I think this was Tuesday, the 23rd - I met him at the same place on Friday, at three o'clock, and gave him another sovereign - after I gave it to him, he said that would do, that I should not see nor hear any more of him, as he was going in the country - I saw him again on the 1st of October - I had been to Mr. Richardson's, in the Minories , and saw him in the Minories - he was watching for me- I was not aware of his being there, till I came out of Mr. Richardson's, the grocer's shop, when he came up to me, and delivered me another letter - this is the letter - I gave both the sovereigns to him under the impression of fear, in consequence of the threats contained in the letter - I conceived that he would charge me with an offence of which I knew nothing - I could hardly discover what the first letter meant - it contained a charge of an indistinct nature - I did not know what to make of it.
NOT GUILTY .
1489. HENRY LAST, alias Smith , was again indicted for that he, on the 1st of October , at St. Botolph without Aldgate , feloniously did deliver to Robert Alexander Collins , a letter, demanding money of him, with menaces, and without any reasonable or probable cause, which letter is as follows: - "Sir, - With my friends' wishes, I again write to you concerning the money which I have received of you, which is 2l. Sir, I should thank you to give me a final answer, and that is, whether you intend to give me the full amount of my loss, which is more than you may think for. The clothes which my uncle bought me for the sea, amount to 2l. 4s.; my wages 3l. 15s.; the full amount 5l. 19s. Now, Sir, it is determined by myself and my uncle, if the money is not paid some time this week, he will write for the captain to come to London; if such should be the case, it will cost you 20l., besides disgrace you for ever; but, Sir, my uncle do not now who it is, nor shall he now, if all things go wright to my mind; but i shall expect to have the full amount. Sir, the captain have wrote to my uncle concerning the villainy that some person or persons have been guilty of, as the case is something similur to that of Mr. Barnes and the soldiers. Sir, i can assure you, unless you pay me the full amount, something serious will occur, but i should be very sorry for such a thing, as it very possibly might ruin you for ever; but, Sir, perhaps you would rather pay a little than pay a great dell, but you can please yourself, and act as you please; but by God almighty, if the money is not paid me by three o'clock to-morrow afternoon, dread the consequences. 3l. 19s. is my demand. I remain, your humble servant, Henry Smith;" - against the Statute, &c.
MR. CLARKSON conducted the Prosecution.
ROBERT ALEXANDER COLLINS . I am a ship-chandler , and live in East Smithfield. I never saw the prisoner, to my knowledge, before the 23rd of September - on the 1st of October, I was in the neighbourhood of the Minories, and saw him there, waiting at the corner, evidently watching my coming out of Mr. Richardson's, the grocer's shop - he came up to me, and put this letter into my hand - I read it in his presence, and said to him, "I thought you told me you were going into the country" - he said he had been advised not to go - I made an appointment to meet him again in Fenchurch-street that afternoon - this was about ten o'clock in the morning - I then proceeded to the Thames police-office, and saw Mr. Ballantyne, the magistrate, and in consequence of directions I obtained there, I went into the City, and Herdsfield was sent with me - I marked a sovereign - I met the prisoner in Fenchurch-street, at three o'clock - I went up to him and said, "You are here waiting" - he said, "Yes" - I said, "What a villain you must be, to give me this trouble" - he only laughed at me - I put the marked sovereign into his hand - Herdsfield then came up, and took him into custody - I gave him the sovereign under the decided impression of fear - it was arranged that he should be taken into custody by my giving him the marked sovereign - I had no apprehension when I parted with the sovereign, because he was to be taken into custody - I never supposed he would take any step for the purpose of extorting money - I gave him that sovereign for the purpose of having him taken into custody - I was under no apprehension.(The letter was here read, for which see the indictment.)
Cross-examined by MR. JONES. Q. When was the first time you saw the prisoner? A. The 23rd of September was the first time, to the best of my knowledge, that I ever saw him in my life - I swear that positively - I am a ship-chandler, and have a warehouse - I never gave permission to any person whatever to sleep in that warehouse.
Q. In the early part of this year, for instance, did you happen to meet with any sailors or others, in a destitute condition? A. Not to my knowledge - I meet with such persons every day - I was never applied to to allow persons to sleep there - I have been applied to for relief almost every day by persons of one sort or another - I never told any body that I had seen the prisoner before - I swear positively I never spoke to the prisoner before in my life, and never saw him, to my knowledge - I never gave him permission to sleep in my warehouse, never at any time in my life - I never gave him any money before the 23rd of September - I never gave him any bread and cheese, nor any victuals.
Q. Did you ever say to him, "If you come about half-past nine or ten o'clock, I will let you in; but do not let any of my people see you stand about the gateway, but walk up and down on the other side of the way, and when the shop is closed you can walk through?" A. Never - I do not know a person named Dixon, nor John Pettigrew, that I know of - not by name - I never gave money or victuals to the prisoner before September, nor any articles of clothing, to my knowledge - I will swear positively I never gave him a waistcoat, or any thing - I did not go into my warehouse between four and five o'clock one morning in July, and see any persons who had been sleeping there.
Q. Did you, on any morning in July, say to any person in your warehouse, "Put up the rug and things in the same state as you found them, otherwise my servants may suspect that somebody has been sleeping there?" A. Never - I have no such things in my warehouse - I never said so to the prisoner, nor any thing like that, overnight, to any body - I never, to my knowledge, saw the prisoner till he put the first letter into my hand - I never gave permission to the prisoner and another young man to sleep in the warehouse, nor on any boxes there - I never told him or any person, that before he left the warehouse in the morning, after he slept there, he must look out to see if the watchman was off his beat.
Q. I understand you to say, you never, on any occasion, attempted to take any liberty with this man? A. Decidedly not - he never said to me, "Come, Sir, this will not do for me" - I never said to him, "I hope you will not take any notice of what has occurred," and gave him 6d. - not give him biscuits and cheese, saying, "Take this; I hope you will never notice what has occurred."
MR. CLARKSON. Q. Did you authorize any body to go to the attorney for the prosecution to see the letters in this case? A. Never - the person now standing behind the Counsel came to see them - I told him they were in the hands of my solicitor - I never authorized him to go and see them - I have a shopman named William Walker - Manning is my porter - he does not keep the keys of the warehouse - it is his duty to lock it up at night, and open it in the morning - I never saw the prisoner, to my knowledge, till the 23d of September - there is not the slightest foundation for these abominable insinuations.
MR. JONES. Q. Did you not give the prisoner authority to go to your solicitor, to see the letters, and give him the name and number of the street? A. I told him the street he resided in - he said, "Oh, that is where Mr. Harmer formerly lived" - but I never gave him permission to go to see the letters.
THOMAS HERDSFIELD . I am a City officer. In consequence of information, I went, on the 1st of October, with the prosecutor, to Fenchurch-street - he had previously marked a sovereign - the prisoner was sitting on the step of a door, in the street - the prosecutor went up to him, and he rose up - I saw something put into the prisoner's hands, and I took him into his custody - I found a sovereign in his right hand, which I produce - I have had it ever since - he would not at first give the sovereign up, but I said he must.
Cross-examined. Q. Did any words pass between Mr. Collins and the prisoner? A. Not in my hearing - I saw something pass, but I cannot tell what it was.
JURY. Q. In what state of mind was Mr. Collins when he left you to give the sovereign? A. Much the same as he is now - he was not alarmed, that I could see.
MR. COLLINS. This is the same sovereign.
THOMAS MANNING . I am porter to Mr. Collins, and have the care of the warehouse from six o'clock in the morning until nine o'clock at night; and sometimes later, when we are busy - after locking up the warehouse, I go
Cross-examined. Q. You lock the warehouse at night, and hang the keys in the shop, where your master can have access to them? A. I always hang them in the shop - the shopman mostly has the keys - my master can get to them at any time - I shut the shutters, and the shopman locks the shop doors - I shut the warehouse up - the gates of the warehouse lead into the street.
Q. Is there a passage through the house or shop into the warehouse? A. There is a yard - if I had taken the keys home with me, and my master wanted to get to the warehouse, he could not have got to it from the shop, without breaking locks open, as the place was bolted and locked- the yard door was padlocked and bolted - the key was along with the other keys - if my master took the key of the padlock, he could get into the warehouse without going into the street.
MR. CLARKSON. Q. Does Walker, the shopman, sleep on the premises? A. Yes - the prisoner never slept in the warehouse, to my knowledge - Walker and I once let in a young baker, who was destitute, unknown to our master - we let him in twice, but unknown to master - nobody ever slept there, to my knowledge, except in those two instances - we let the baker out, on both occasions, in the morning, unknown to master - nobody else was ever let in to sleep, or be there any part of the night, to my knowledge.
MR. JONES. Q. You never told your master of it at all? A. Never, up to this moment - this is the first time I have mentioned it in his presence - he has never asked if any body slept there - I locked the young man in the loft, before I went home, and let him out in the morning, for he had no place to go to.
MR. CLARKSON. Q. Had you any motive for letting him sleep there, except from motives of charity, knowing he was destitute? A. None whatever.
WILLIAM WALKER . I have been shopman to Mr. Collins eighteen or twenty months. The warehouse keys are placed in the shop after Manning has locked it up - I sleep on the premises every night, on the floor between the shop and warehouse - a passage leads by the head of my bed to the warehouse - a poor baker was allowed to sleep in the warehouse two nights, unknown to master - I know of nobody else ever sleeping on the premises during the time I have been there - I have slept there ever since I was in his service - nobody could have been brought to sleep in the warehouse without my knowledge - nobody, except the baker, ever slept in the warehouse or loft.
Cross-examined. Q. What time did you generally go to bed? A. From ten to half-past eleven - the porter locks the warehouse up, and hangs the keys up in the shop, and I lock the shop up - I am not in the habit of going out on business for my master in the day time - my duty is in the shop - I was never out during the day in July last - never for an instant - I take my meals up in the parlour - I never go out with bills, or to collect accounts - we give no trust - I have a holiday on Sunday - I am about the warehouse- it is impossible that a person could be introduced into the warehouse, in the course of the evening, without my knowledge - I look over the warehouse every night before it is locked up - it is impossible persons could sleep there - they must come through the side door, by the shop - the gates are not open in the day time, only when a truck is going out- we go through a small door to go out, through the passage, out of the shop.
Q. Must you necessarily and unavoidably go through the shop to get to the warehouse in the daytime? A. Yes - if the truck is going out, the porter puts it out at the gate, and returns through the shop - the gate is wide enough to admit a cart - several trucks stand there, belonging to different tradesmen in the parish - they can come for their trucks without my knowledge, but our place has no communication with that - the gate has nothing to do with it - the yard has cottages up it - upon going through the gate, I could not go into the warehouse without going through the shop - I get up at six o'clock in the morning - my master gets up about seven or eight - I never knew him to get up earlier than half-past six o'clock - I never found him up when I got up - it is impossible for any body to pass from the shop without my hearing them, at any time of night - the keys of the warehouse are locked up in the shop, and the key of the shop is in my pocket all night - I first saw the prisoner when he was at the Mansion-house - I never saw him about the warehouse, nor in the street - it is a street of extensive traffic - I am always in the shop, or from the shop to the door - we have a window looking into the street - I attend to my business in the shop - I never told my master about the young baker up to this moment- I never had any conversation with him about this prosecution - he told me to attend here, and at the Mansion-house - I went to be a witness, if I should be required - I have not had a word of conversation with him on the subject of the prosecution.
Prisoner's Defence. The prosecutor gave me clothes before I went to sea - he has given me clothes several times to go to sea with, and several times he has given me victuals when he has seen me stopping about; and three nights he gave me leave to sleep in his loft with a young man who is at sea - when I took him the letters, before he looked at the first letter, he gave me 2s., and told me to meet him in the afternoon, and he would give me a sovereign - before he gave me a sovereign, he took me into a gin-shop, and called for a quartern of gin, which he gave me, and told me if I met him at three o'clock he would give me the sovereign - he gave me another on the Friday, and then he shook hands with me, and bid me good bye, and told me to go home and send a brace of partridges and a hare up to him for a present, and he would give me more money at another time, as trade was very bad with him, he did not take 5s. in a day - he shook hands with me, and bid me good bye; and said he hoped I should not trouble him any more yet - I went home: when I gave him the last letter, I told him I would take him before my uncle- he said, "Very well, meet me at three o'clock, at the same place" - I was waiting for him there - he came to me, and offered me a sovereign, which I refused at first, and he pressed me to take it - he said, "I will make it up 5l. to you; but I can give you only this sovereign at present" - instead of his going with me to my uncle, he went round to the Mansion-house, and brought an officer and took me
JAMES DIXON . I live in East Smithfield, and get my living by selling things in the street; fruit and oysters sometimes - I keep a stall - I know Mr. Collins's shop and warehouse, and know Mr. Collins - I have seen Mr. Colling, as he passed the prisoner, nod to him, and ask him if he had any thing in view - this was about the month of July last, just close to my stall, opposite St. Katharine's dock gates, about one hundred yards from Mr. Collins' warehouse - I have seen this occur numbers of times as he passed my stall - one morning, as I was coming from market, I saw Collins give the prisoner some rashers of bacon, and some biscuits, I have frequently seen him nod to the prisoner, and ask if he had any thing in view.
MR. CLARKSON. Q. How long have you been acquainted with the prisoner? A. It was about the beginning of July that I first saw him - I have no acquaintance with his family - I do not believe he lived at any place in particular in July - he did not keep a stall - I believe he was destitute - I live in May-pole-court, opposite St. Katharine's gates - I am married - my wife gets her living in the same way that I do - she keeps no stall - she stops at the Marquis of Granby - I deal in every thing as it comes in season - the person standing behind the Counsel is the prisoner's uncle, as far as I know - I believe it was this day week that I first saw him - he called on me - I only knew the prisoner by seeing him sitting on the steps by the side of an empty house, where my stall is with the lumpers - I did not know where he lived - I never told him where I lived - I cannot tell whether he knew, nor how the uncle found his way to my house - I can write - I do not write letters - I was not at my stall to-day nor yesterday - I have been at work as a bricklayer's labourer for my landlord, Mr. Hurn, No. 1, May-pole-court, for the last three weeks - he is not here, that I know of - I believe I have spoken to Mr. Collins - I believe he had some oysters at my stall the very first day they came in, in August - I saw the prisoner's uncle when he called at my house - I believe the prisoner's brother called with him - they asked if my name was Dixon - I told him it was - I cannot tell how he knew my name - he asked if I kept a stall at the bottom of the court - I said I did at times when I had nothing else to do - I was brought up as a gentleman's servant, and for the last seven or eight years I have been in the army till I was discharged - I was in the navy some time - I have not been any thing else - if I can get a day's work I do, at any labouring work - I never beat a carpet in my life, except when I was a gentleman's servant - I cannot exactly mention the last day I was at the stall at St. Katharine's dock gates - I have been there within the last two months, selling oysters ever since they have been in - when the prisoner's uncle and brother called, they asked me if I remembered two young men at the dock gates (countrymen) being about there - I told him I did - he asked how long it was since I saw them - I said,"To the best of my knowledge about three months since I saw one of them" - he asked if it was Henry - I said I did not know their names, they were quite strangers, I only knew them by asking where they lived, and where, they came from, at different times - he asked if I ever knew him sleep at Mr. Collins's warehouse - I said I never did - he asked how long it was since I saw him last - I said, to the best of my knowledge, about three months; when the prisoner went away from the dock gate, he told me he had got a schooner, and was going away - the uncle asked if I knew where he went to when he left the dock gates - I told him he told me he had got a schooner which laid in the London docks - I do not recollect saying any thing else - the uncle asked if I had ever seen him speaking to Mr. Collins - I told him that I did - he did not say any thing to me about a letter - the gentleman who was with him spoke about a letter, but not to me - Mr. Garrett told me the day before yesterday what the charge was against him - he did not mention the letter to me the day he first called, to the best of my knowledge - the uncle mentioned about the letter to the young gentleman who was with him - when they questioned me, I heard the uncle say that the letter corresponded with what I said.
Q. That was his nodding, and asking him if he had any thing in view? A. Yes; they had no letter in their hands - I have got my living for the last three weeks by working for my landlord at 18s. a-week - when I went to Mr. Garrett, on the Saturday, he gave me 1s., to get a drop of beer, going home - I think it was last Saturday - he asked me if I had got any money, and I said "No" - it was his pleasure to give me 1s. - he never gave me any thing before or since - I have not received any money from him or any body - nor the promise of any - I am brought here to-night by Mr. Garrett - he sent for me from my home without any subpoena - I have not been examined by an attorney to see what I had to say - Mr. Garrett did not take down what I said - he gave me his direction where to call on him, and I called - I believe the other witness who is coming, is tollman to the London Dock Company - his name is Pettigrew - he has been always tollman there during the five years - I saw him first about this the day after Mr. Garrett called on me - he came up, and asked if a gentleman had been to me - I told him there had - Pettigrew did not go with me to Mr. Garrett's house, nor did we meet there - I have never been in Mr. Collins's warehouse myself - I do not know that I am to receive any payment for attending here - I do not expect any - there was no promise made to me about it - I have not said I expected to be paid for my loss of time - I have not been promised any thing for coming here - Mr. Garrett never promised me any thing - his words were last night, "I dare say you will be satisfied for your trouble" - that is all I ever heard from him or any body - I do not know who was to satisfy me - I said nothing to him about it - Pettigrew was not there then - he had not been at Mr. Garrett's that night - I had been with him that night - I see him almost every day - I saw him last night in Mr. Garrett's company - I was never in any trouble myself, nor ever charged with any offence - I was before a magistrate four years ago for breaking some of my own windows when I was intoxicated - that is the only time I was ever before the magistrate in my life - I have never been a witness before, nor ever in a court of justice before.
MR. JONES. Q. Is there the slightest pretence for saying you were ever paid for giving evidence in Court? A. No: I was seven years and nine months in the 50th
Q. Have you ever been accused of writing improper letters? A. No - I have not been constantly at work for the last three weeks - one week I made four days, the next five days, and the next five days - I was at work for my landlord last, on Wednesday week, the day before that gentleman called on me - the gentleman never told me the charge against the prisoner, and I did not know where the young man was - after answering the questions put to me by Mr. Garrett and the other gentleman, the young gentleman said to Mr. Garrett, "That all corresponds with Henry's letter."
JOHN PETTIGREW . I collect the East Smithfield tolls, and am employed by the London Dock Company - for the last four years I have been employed by the Dock Company - I have been fourteen years collector of the tolls - I first saw the prisoner about five months ago, in East Smithfield, nearly opposite St. Katharine's dock - I know Mr. Collins - his warehouse is about a dozen or fourteen houses from my standing - I never saw Mr. Collins and the prisoner talking together - I have seen Mr. Collins nod to the prisoner, and speak to him one word - he said, "How do you get on?" - that was all that passed - I have seen him do it ten or a dozen times between three and four months ago - it is more than three months - I have seen this in East Smithfield by my standing - I have seen nothing else pass between them- I am sure the prisoner and Mr. Collins are the same persons.
MR. CLARKSON. Q. What was the expression? A."How do you get on?" - I never heard him say, "Have you any thing in view?"
Q. Did not he sometimes say, "Have you any thing in view?" Dixon says that is what he said? A. I might not have heard it when Dixon was there - I never heard it - I have known Dixon upwards of three years - I cannot say exactly - I have known him four, five, or seven years - I have not known him ten years - it may be between four and five years - I do not know any body belonging to the prisoner's family - I have seen him and another young fellow there when I was taking toll, four or five months ago - he never said any thing to me about a letter which he had written - I never heard of it until this time.
Q. Do you mean to say, to-night is the first time you heard of a letter being sent, written, or delivered by him? A. Yes; Mr. Garrett, his uncle, has been to me in East Smithfield - I saw him yesterday evening in Back-church-lane, at my residence - I first saw him about a fortnight ago - he came to me in East Smithfield, at the toll place - I did not know him before - I do not know how he found me out - he never said a word about a letter - he talked to me, and gave me a glass of ale at the Phoenix - he went there with me - we had a glass of ale together, nothing else - I did not see him again till yesterday evening, which was the second time I ever saw him in my life - he did not take down any thing I said to him - I do not know who is to pay me for coming here - I did not come for gain - God will, I hope, pay me for speaking the truth - I have never received any money from Garrett - I was in company with Dixon last night, about half an hour, at my house in Backchurch-lane - he came to the house at six o'clock - this gentleman was with him.
Q. If Dixon swore he never was in company with you and Garrett together, is that true? A. At the door, we were in company together, and talked together - Garrett told me to come here at five o'clock this evening - Garrett never mentioned the letter - I never heard what the prisoner was charged with, nor for whom I was to appear, nor what I was to say - the prosecutor sometimes nodded to the prisoner, and sometimes said, "How do you get on?" - if he was in a hurry, he would nod his head - if not, he would say, "How do you get on?"
JAMES GARRETT . I am clerk to Mr. Comyn, the barrister, and have been so twenty-six years - I am now in my twenty-sixth year. The prisoner is a nephew of mine by marriage - I ascertained from the prisoner where Dixon lived - this was the day after he was committed; and in consequence of that, I went to his house - as far as Mr. Collins has stated, he is correct, but he did not state all - Dixon has stated perfectly correct the interview I had with him - I went down to Mr. Collins, as I had not decided about doing any thing - I went down merely to know the nature of the charge - Mr. Collins was not within - when I did see him, I asked if he had got the letters - he said he had not, that they were at his solicitor's, who was Mr. Wooller, in Hatton-garden, somewhere - I understood him to say, "No. 30," and the name of Tomlins was on the side of the door - I went from his house to Mr. Tomlins, and found it was No. 40 - I wished to know the nature of the charge, and what it was - he then said,"Very well, Sir, you are quite at liberty to see them" - I went to Mr. Wooller, but I have never seen them till I saw them in Court to-night - I never held out any promise of money to the witnesses to give evidence here - I told them, over and over again, it was not in my power to do any thing for the lad - that I had a very large family of my own, and had not 1s. to spare, nor had either of his relatives - they said, all they wished was to come and speak the truth - I gave Dixon 1s. when he came up to identify the prisoner at the prison.
COURT. Q. How could you know you and he were speaking of the same person if he did not know who he was? A. The prisoner gave me a particular description of the persons, for he did not know the names of any of them - he gave me a description of several persons whom I have not been able to find - they said they had seen two lads together, but could not tell who it was till they saw the prisoner - I never gave Pettigrew any thing except the glass of ale.
MR. CLARKSON. Q. Look at that letter, whose writing
COURT. Q. Do you mean you never saw the prisoner's writing before to-day? A. I saw it in his statement which he sent me - I have spoken to him about his statement - I have been in Newgate with him several days - he said the statement was in his handwriting.
MR. CLARKSON. Q. Now look at the first letter, have you any doubt that is his handwriting? A. The character of it certainly is very similar to the statement I received from him - I believe it to be his handwriting - I think I need not have any doubt of it being his - they are written with different pens - I have known him since he was a boy - he has been voyages to sea, and has been about in different situations within the last twelve months - at the beginning of this year he was some time in a public-house - he left that, I think, in the spring, and then went into the country - he was there a little time, and the next I heard of him was about Midsummer - I do not know how he got his living then - I do not know what he was doing in July until about the 21st September; he returned to London from an eight weeks' voyage - I only know that from his statement - he did not tell me where he had been - I did not write to the captain of his vessel "to know about the villany practised" - he has other uncles - he made no communication to me on this subject - he knew where I lived.
Q. In July last did he complain to you that Collins or any body took him into their warehouse, and attempted to practice indecencies on him? A. No - I knew where he lived - I never supplied him with clothes to go away with - he has an uncle or two about Ipswich - he did not come to me after he returned from the eight weeks' voyage to complain of being ill-used by Mr. Collins - I first heard a suggestion on his part, on the subject of the prosecutor, from receiving a letter from him when he was in Newgate - I never heard of the charge until he was fully committed - he did not send to say he was going before a magistrate - I went to Mr. Tomlins' office, in Hatton-garden, on the Saturday as the prisoner had been committed on Thursday- I represented to Mr. Robinson that Mr. Collins gave me permission to see the letters - Mr. Robinson expressed the greatest readiness to show them, but said they were gone to your chambers, and he expected them back on the Thursday, and that if I would call I should see them - I did not tell Mr. Robinson I was his uncle, and very likely he thought I was a friend of Mr. Collins's - I called a second time at Mr. Tomlins' office - my nephew, the prisoner's brother, was with me then - when I went the second time I did not see Mr. Robinson - I saw a clerk, who said, "I am sorry, Sir, to find you come here with a falsehood, for Mr. Collins never authorized any body to see the letters."
MR. JONES. Q. Have you or not been on habits of intimacy with the prisoner? A. When he has been in town he has called on us occasionally and had a meal.
JOHN PETTIGREW re-examined. At the different times I saw the prisoner, he was in company with another lad - I have seen him return what Mr. Collins said by making a bow - that was all the notice he took - he did not say how he got on - Collins never stopped, but went on - there were various persons about the gate - it was not addressed to any other person - I am satisfied it was addressed to the prisoner, because he has told me with his own mouth that Mr. Collins was good to him - that was before any charge was made to the prisoner.
Q. In what way did he say he was good? A. By giving him victuals to eat at different times.
MR. COLLINS re-examined. It is occasionally my custom to give away broken victuals and biscuits, at different times, to poor people; when I am clearing my shop, I instruct my servant to give away what there is to poor people, and if I am at home I do it myself - I sometimes know persons I give things to, and sometimes I do not - sometimes five or six distressed sailors together apply for the damaged provisions - one person brings another - they do not require much introduction.
COURT to WALKER. Q. Have you a place called the loft? A. Yes - nobody slept there except the baker - the warehouse and loft are all one - I sleep in a room leading to the warehouse - the loft is an upper part of the warehouse - nobody can get to it without going through the warehouse.
Prisoner. The witness is not Collins's shopman; he is only backward and forward - there is him and another young man - there is a young man who has played the same tricks with a young man who was with me - Collins's man has served the same trick to a young man who is at sea.
JAMES ROBINSON . I am clerk to Mr. Tomlins, who is attorney for this prosecution - I have known Mr. Collins from eighteen months to two years, and where he lives - we have had business from him during that time, and this young man was serving in his shop with an apron on when I went there, as if acting as shopman; and he has been up to our office at times with messages from Mr. Collins.
GUILTY . - Aged 22. Transported for Life .
NEW COURT. - Thursday, October 16th, 1834.
Fourth Middlesex Jury, before Mr. Common Sergeant.
GUILTY - Aged 39. Confined Six Months .
RICHARD GOUGH . On the 31st of July, I was in Dean-street, Soho - a person told me something - I felt, and missed my handkerchief - I turned, and saw the prisoner running from me - I pursued him, and saw him take something from his bosom or his side-pocket, and throw it from him - it was taken up, and given to me as I returned with the prisoner - it was this handkerchief - I can swear I saw it in his hand.
GUILTY . - Aged 12. Confined One Day .
THOMAS FREGO . I live at Westminster . On the 1st of October, I was entering my shop, and saw the prisoner take a book from the shelf inside my window - I instantly pursued, overtook him, and took it from under his coat.(The prisoner put in a written defence, stating that, being in distress, he was tempted to take the book from the window, which was open. Alexander Wood , a brush-maker, at Newington, to whom he was apprenticed, engaged to take him back.)
GUILTY . - Aged 19. Confined One Day .
2nd COUNT, stating them to be the goods of Thomas Furby.
THOMAS FURBY . I received the bundle, and went to a public-house, where I stayed four or five hours - I put the bundle down by my side - I got the worse for liquor, and when I awoke it was gone - I had seen the prisoner in the room.
JAMES ALDOUS . I am a pawnbroker. The prisoner and another man brought these two shirts to pawn - I saw they were not adapted to their condition - I questioned them - each of them said that one shirt was his, and they were brothers - I said, if they were brothers, their Christian names could not be the same, and the two shirts were both marked alike - they then said they belonged to another person, and gave me three different names.
Prisoner's Defence. I went into the public-house, and saw the man nearly drunk - I had my dinner, and a man gave me something to drink - I went out and met a man, who asked me to go with him to pawn these shirts - the pawnbroker asked him some questions, and he ran away and left me there - I did not give any name at all.
NOT GUILTY .
GEORGE WILLIS . I was sitting at my counter on the 1st of October - I missed a book from my window - I went out, and saw the prisoner running - I pursued him, and took him with it - this is the book; it is mine.(The prisoner put in a written defence, stating that a gentleman, who had been examining the book, let it fall on the ground; and that he, being in very distressed circumstances, was tempted to take it,)
GUILTY . - Aged 18. Confined Seven Days .
EDWARD FITZGIBBON . On Monday evening, I believe the 15th of September, I met the prisoner in the Hay-market - I went with her to No. 50, Whitcomb-street - I went to bed with her - I put my trowsers under my pillow- I had a £10 note in the fob - I had seen it a few hours before - I awoke about dawn the next day - I then missed the prisoner out of bed, and saw her at the chair where I had placed my coat and waistcoat - she pretended to have got up for another purpose - I then missed my trowsers from under the pillow, and charged her with having removed them - she said she had not - I went to the chair where they were - there were some memorandums there which had been folded up in the same pocket with the note - I told her she had taken the note - she denied it - I told her to stand still, and I searched her clothes, but I did not find it - I then searched the room and the bed, and said I would give her into custody - she went down on her knees, and called on God to strike her dead if she had taken it - I took her down and gave her in charge - the inspector found the note - this is it - it has the name of "Barnett" written across the top.
Cross-examined by MR. PHILLIPS. Q. Did you say you could not identify the note? A. Perhaps I did - I think it is probable - I knew the name on it, but I thought it was necessary I should know the number, which I did not - I had paid for a room in that house - I had given the prisoner some money - I had not promised that I would stay and breakfast with her - I had not given her the note as an earnest that next day she should have more money - I never said I did not believe she intended to rob me - I paid her what she asked, but I cannot say what - it was all the silver I had about me - it is likely that I said if she conducted herself well, I would give her more next morning - I might say so.
Q. What did you mean by conducting herself properly? A. If she did not conduct herself riotously - I do not think I promised her more the next day - I will not swear I did not - I do not know what I paid her - I suppose 7s. or 10s. - I do not know what she asked - my memory was a little hurt - I had taken two glasses of ale - I might have said I would treat her, but to the best of my belief I never said I would give her more the next day - I suppose I left the house about five o'clock - I had not got above twenty yards from the door, when I saw the officer, and gave her in charge - I swear I gave her more than 5s. - I was not exactly sober - to the best of my knowledge I was in a public-house with her - I had never seen her before - I cannot swear whether I was in two or three public-houses with her.
Q. Then was not your memory very bad? A. It was not at all equal to what it is sometimes - I sent for some ale when I got to the house with her - I drank a very small portion of it - it was a pot, to the best of my recollection - I dare say I paid a shilling, but I will not swear it - I believe it was a woman I sent for it - to the best of my belief it was the landlady - I will not swear it was not a boy- I do not recollect seeing the person - to the best of my belief I placed it on the table - I will not swear positively- my memory was in such a state that I would not rely on it for all things.
COURT. Q. Can you tell how much silver you had when
CHARLES DEWING . I am an inspector of police. The prisoner was brought to the station-house - I asked her if she would allow us to search her, and told her she was charged with stealing a £10 note out of the man's fob - she said, "I did not take the note, I did not see a note - I did not know he had a note - I deny all knowledge of it" - she then took off her gown, threw it down, and called God to witness, and took an oath that the note was not on her - I took up the gown and examined the hem, where I found a bit of paper, which proved to be this note.
Cross-examined. Q. Do you remember the magistrate asking Mr. Fitzgibbon why he charged the woman? A. Yes; and he said once or twice, "I do not wish to punish the girl, only to get back the note" - I am not aware that he said he thought she did not intend to rob him - I believe Mr. Conant asked what was the reason he gave her in charge - he appeared sober when he gave her into custody - there were three or four shillings found on her - it was given up to her - it was not in my hands.
Prisoner's Defence. I met him about half-past nine o'clock that evening - he told me he would give me 10s. to sleep with me - we walked some distance, and he asked me to have something to drink - we went to the house, and had a bed for half-a-crown - he then said he would give me 5s. that night; but if I thought he was without money he had got a £10 note, and he gave it me to keep till the morning - in the morning he asked me to give him the note - I said I would not till he had given me a sovereign - when I was taken I had 1s., and the 5s. he gave me, and 5d. change from the pot of ale.
GUILTY . Aged 23. - Confined Six Months .
ANN THOMAS . I am almost eleven years of age - I know the necessity of speaking the truth - I live with my parents, in Star-street, Shadwell . On the 30th of September, about five o'clock, I saw the two prisoners take a jacket from Mr. Kennedy's shop - Morris took it, and gave it to Jones - it was hanging outside the shop - they both ran down Fox-lane - I went and told Mr. Cuthbert.
BENJAMIN CUTHBERT . I am shopman to Mr. Lawrence Kennedy, this witness, gave me information - I ran down Fox-lane, went up a turning, and saw Morris standing at a door - I went to him, and said, "You took the jacket from Mr. Kennedy's door" - he said nothing - I looked into the passage, and saw Jones with the jacket, and took him.
Morris's Defence. I saw the jacket down by a coffee-shop door.
JONES - GUILTY . Aged 17.
Transported for Seven Years .
MORRIS - GUILTY . Aged 14.
Confined Seven Days .
JAMES DAWSON . I am in the employ of Mr. Richard Robinson and another. I was in their shop on the 6th of September - about half-past seven o'clock in the evening, the prisoner came, in and took a bottle-case and bottles, worth 40s. - I went out, and caught him about three doors off with it - he was walking - I told him to come back, and he did - my master fetched an officer - the prisoner did not see me when he came into the shop - the case stood on some desks.
Prisoner. I saw him when I went in - he was knocking with a nail - this case was by the side of the door, and I was ordered to go and fetch it - a person came in at the back door, and he asked me if he sent me in for the case - he seemed very much agitated, and said, "No" - I told him to go to the corner of Great Queen-street, and he would see the young man. Witness. No, he did not - he said he had been sent.
Prisoner's Defence. I was going up Queen-street, and a young man stopped me near the corner of Drury-lane, and told me to go and get this case - he was very much like the person who came in at the back of the shop.
GUILTY . Aged 22. - Confined Nine Months .
1498. EDWARD TURNER was indicted for stealing, on the 6th of September , 1 bag, value 1d.; 1 crown, 4 half-crowns, 15 shillings, 6 sixpences, and 8s. 8 3/4d. in copper monies; the goods and monies of William Pepper the elder, from the person of William Pepper the younger .
WILLIAM PEPPER , JUN; I am twelve years old - I live with my father, at No. 13, Great Ormond-yard, Great Ormand-street - he is a butchers' carrier . On the 6th of September I was in Great James-street - the prisoner came behind me - he took my hat off, and my bag, which had 2l. 1s. 8 3/4d. in it - it was my father's property - he ran away - I cried, "Stop thief," and Mr. Nunn caught him in my presence.
Prisoner. Did you see the person's face who took the money? Witness. No; I do not know where I got the farthing from - I picked the money up, but I kept my sight on you till you was caught - Mr. Nunn did not tell me what to say - the clerk did not put words into my mouth - I know if I tell a lie I shall go to hell fire.
THOMAS NUNN . I was in the street, and saw the prisoner running and the witness after him - the prisoner dropped something which sounded like money - I followed, and secured him - I said, "I have got you" - he said, "You did not see me drop the money."
Prisoner. Q. Was any one by me when that bag fell? A. No - I saw a bag fall from you, but I did not see from what part of your person - I kept my eyes on you - there were persons following me.
THOMAS CARMODY . I heard the cry of "Stop thief," and saw the prisoner running down Great James-street - Mr. Nunn ran out of his house, and the prisoner dropped a bag in the street, which Chamberlin picked up.
Prisoner. Q. How do you know it was picked up by Chamberlin? A. He brought it with him - I was coming
Prisoner. Q. Did you observe the clerk put any words into the boy's mouth? A. No, he did not make any observation in my presence, nor did Mr. Nunn.
Prisoner to THOMAS NUNN . Q. Did you tell the boy that he was wrong? A. Not that I am aware of - the magistrate put down that his father was carrier to a butcher, instead of which he was a butchers' carrier - his mother cried - I do not know what made her cry - I thought it was because she supposed her boy would be frightened.
Prisoner's Defence. I was passing down James-street - I heard a cry on the left hand side of the way of, "Oh! oh!" very loud indeed - I saw some one run across - I pursued, and heard something fall, but not thinking of that, I went seven or eight doors down the street, when Mr. Nunn caught me - I fell into his arms - immediately after him came Carmody, and some one called out, "That is him" - I said,"No, it was not me that threw that," or something to that effect - Nunn then went away - I do not think he has seen the purse till to-day - the boy lost a cap at the same time- I apprehended the person who took the cap and money, threw the money away, and took away the cap.(Edward East, of No. 4, Grenville-street, a carpenter, gave the prisoner a good character.)
GUILTY. Aged 19. - Recommended to mercy by the Jury . - Confined Nine Months .
JOHN TATEM . I keep the Green Dragon, on Winchmore-hill . I lost two pair of Wellington boots on the 17th of September - I had seen them in the bed-room up stairs about one o'clock on Thursday - these are them.
SARAH STEVENS . I am servant to the prosecutor. On the 17th of September, about four o'clock, I found the children's room had been broken open, and some things were gone, and these boots, which are my master's.
ROBERT WRIGHT . I am a labourer. I overtook the prisoner in the high-road going down Orange-tree-lane - he had a bag on his shoulder, and he asked me if I wanted to buy a pair of boots - I told him no - I saw the tops of some Wellington boots, which were like these - he asked me where he could exchange them, and I recommended him to Mr. Garakeen, at Tottenham - he told me he had picked them up in the road - I saw him again on the 27th.
JOHN GARAKEEN . I live at Tottenham. The prisoner came to me between three and four o'clock in the day, on the 17th of September, and asked me if I bought old boots - I said, Yes, if they were good for any thing - he pulled out these, and I bought them.
Prisoner's Defence. I was coming from Southgate, and met a man who asked me if I would buy a pair of boots - I said I would - he asked me 10s. 6d., and I gave him 5s. 6d. - I then met the witness, who sent me to the shoemaker, and he said he would give me a pair of shoes for the boots.
GUILTY . Aged 19. - Transported for Seven Years .
HENRY SANDERS . I am apprentice to Mr. Samuel Adams, hatter , High-street, Shoreditch . The prisoner was working there as a bricklayer's labourer , and about four o'clock in the afternoon, of the 9th of September, he went into the public-house next door, with his own glazed hat on - he came out again without a hat, and came to work in my master's cellar - I saw him come out of the cellar and blow out the light - he then had a hat on which was my master's, and had been kept in a bag in the cellar - he went into the public-house again - I told Mr. Adams - he went to the public-house, but the prisoner was gone - the next day he came to work, and we gave him into custody, - the hat has not been found.
Prisoner. I have no recollection of taking the hat.
GUILTY . Aged 50. - Transported for Seven Years .
1501. THOMAS SQUIRES was indicted for stealing, on the 1st of September , 1 ring, value 20s.; 2 gold pins, value 1s. 6d.; 3 half-crowns, 17 shillings, and 1 sixpence ; the goods and monies of Henry Stubbs .
HENRY STUBBS . The prisoner lodged in my house - he was not able to pay his rent, and I gave him notice to quit- he went out, and came back about one o'clock - he said he expected to get work, and that he had a place to go to at four o'clock - he sat some time, and then went away- I went up stairs at a quarter before three, and missed a ring, a gold pin, and a box with 25s. in it - I went after the prisoner, and found him on the following Wednesday - I told him I would give him 10s. to come and settle it - he said, No, he would be taken by the police, and my wife gave charge of him.
Prisoner's Defence. They told me to leave the lodging, and when I was taken, he said, "Give me my ring and my money, I will give you 10s." - I said I had not got them.
GUILTY . Aged 19. - Confined Six Months .
Jessop Edwards .
JESSOP EDWARDS. I am servant to Mr. Davison, and live in John-street, Portland Town . I was ill, and was away for a fortnight - the prisoner took my place - these are my coat and boots - I had left the boots behind the corn-bin, and the coat in the loft.
Prisoner's Defence. I picked them up as I was going over to Kensal-green, in the turnpike-road, between the Running Horse and the Red Lion - I went and had a pint of beer, and offered these things to some young man - he offered me a shilling for them - I said they were not worth picking up for 1s. - I would take 3s. for them.
GUILTY . Aged 20. - Transported for Seven Years .
JOHN WARBURG . The prisoner was my groom - I came home that evening with my horse, and I saw the prisoner's coat hanging over the hogshead where we kept the corn - I felt something bulky in the pocket, and told my clerk not to take any notice, but to watch him - when he put his coat on to go out, I stopped him, and told him to let me see what he had in his pocket - he then pulled out this property - these cigars were in his pocket, and these other were found at his lodging.
Prisoner. It is the first time - I hope you will not be severe with me.
GUILTY. Aged 21. - Recommended to mercy .
Confined Three Months .
GEORGE SOMERVILLE . I am the son of the prosecutor. I am ten years old - I know the nature of an oath - on the 19th of September, my father left me to mind a male ass - I went with it to Pancras-fields - I had been there half an hour when the prisoner and another boy came to me - the prisoner asked if my father wanted to sell it, and offered me 10s. for it - I said my father did not want to sell it - he then went away, and in a quarter of an hour he came back - the other boy took hold of the donkey's ear, and the prisoner took a great stick and hit him - they made him gallop - I went after them, but could not catch them, and I went and told my father - I have seen the donkey since - when my father brought it to the office door.
Cross-examined by MR. CHURCHILL. Q. How long afterwards was it when you saw it? A. It was found the next day, but I did not see it again till last Friday - I have always told the same story - I had seen the prisoner before the day he took the donkey - I did not know where he lived' but I knew his name.
BENJAMIN DIGBY . I am a baker. My brother is captain of the brig Jane - he wanted some donkeys to go abroad - the prisoner brought this donkey to my door - he said his father was a dealer in those sort of things - I said it was too small - he said it was very hard after he had laid out his money to take it back again, and I bought it of him for 9s.
Cross-examined. Q. What was it worth? A. Better judges then I am, said it was not worth 5s., but I suppose it was worth 7s. I had to buy a dozen - it was an open transaction.
Prisoner's Defence. I bought it in going to Smithfield - I looked at it, and a young fellow said, "Do you want to buy one?" he let me have it for 7s. - the man was with me when the baker bought it of me: and when he asked if it was all right, the man stepped up and said he bought it of his father.
GUILTY . Aged 19. - Transported for Seven Years .
FREDERICK WILSON , ESQ . I live in Highbury-grove. On the 8th of September, I was in Chiswell-street - I felt something at my pocket - I turned and saw the prisoner - I followed him - he turned down Milton-street - I followed, and stopped him - the handkerchief was found on his person - this is it.
Prisoner. Q. Have you any mark on it? A. No; but I know the pattern - I had it safe in my pocket - you were behind me, and I followed you that distance expecting to see an officer.
COURT. Q. How near to you was the prisoner when you felt the twitch? A. I turned and saw him immediately behind me - there was another person near the prisoner - I had a handkerchief like this, to the best of my belief, at that time.
Prisoner. Q. Are you a soap-boiler? A. Yes - we were loading the cart at the time - you first produced an old handkercheif - the gentleman said it was not that - you then showed this, and said it was sold to you by two boys, or thrown to you by two boys.
Prisoner's Defence. I was passing down Chiswell-street - I saw two boys running along - I suppose they thought they were observed by some one, and they threw down this handkerchief - I put it into my pocket, and turned down Milton-street - the prosecutor came up to me and said, "I am informed you have got my handkerchief" - I took my own out first, and said, "Is this yours?" - he said, "No"- I then took this one out - he said that was his - I said, "If
GUILTY. Aged 19. - Recommended to mercy by the Jury and Prosecutor . - Confined Three Months .
1506. RICHARD BURKE was indicted for stealing, on the 13th of September , 1 necklace, value 5s.; the goods of Thomas Habgood , from the person of Emma , his infant daughter; and that he had been before convicted of felony .
ANN HABGOOD . I am the wife of Thomas Habgood. On the 19th of September, I was walking with my infant child, Emma - the prisoner tore the necklace off her neck - I turned my head, and saw him putting his hand to her neck - I caught hold of his coat, and called to some people to take him - he gave the necklace to another man, who walked away - the prisoner put up his hand as if to strike me, but a young man came up and took him.
GEORGE SLATER . I was in Brick-lane , about three o'clock, that day - I saw the last witness and the prisoner - he ran down Phoenix-street, from the prosecutrix, and went into the Three Neats' Tongues - I gave information, and he was taken.
JOHN EASTERBROOK (police-serjeant N 7). I saw the prisoner running up from Great Pearl-street, and the last witness running after him - I went another way, and found him at the Three Neats' Tongues door.
Prisoner's Defence. I was going to my employer's for my money - there were some people standing at this place, as a cart of grains had fallen down - I was standing there, and this woman turned and said, "You have taken my child's heads" - I said, "Me, my good woman!" - she said, "If it was not you, it was the other young man" - I said, "If it is him, why don't you call after him?" - I then ran, and called"Stop thief!" - I was afterwards taken in the Three Neats' Tongues.
GUILTY . Aged 23. - Transported for Fourteen Years .
1507. WILLIAM JOHN BUSBY was indicted for stealing, on the 29th of September , 1 pair of sugar-tongs, value 4s.; 1 ten-spoon, value 3s.; and 1 pair of nut-crackers, value 1s.; the goods of Henry John Greening , his master .
HENRY JOHN GREENING . The prisoner was my errand-boy - I missed the articles stated, and on the day following I charged him with them - he denied all knowledge of them- I told him I would forgive him, if he would confess, but he would not - the sugar-tongs and the nut-crackers were afterwards found at Mr. Lowther's, the pawnbroker.
JOHN BULLWORTHY . I saw the prisoner on the evening of 29th September - he came to our shop, and wished to know if these were silver - I asked whose they were - he said, his own, and he had just picked them up in the road - he left the shop, and came again in about an hour, and another boy with him, who said he saw the prisoner pick them up- I said I should detain them both, which I did.
GUILTY . Aged 14. - Transported for Seven Years .
CATHERINE CANNON . I am the wife of Barnard Cannon - we keep a green-grocer's shop . On the 12th of September I bought a bushel of apples, in Spitalfields market - I left them in a bag, about five minutes, and they were gone - I gave information - I went to a house, and saw the apples and bag under some hay and straw - this is my bag - the apples were sold.
Prisoner. I found them by the curb side - I thought they fell off a cart - I inquired for the owner, but could not find any one.
NOT GUILTY .
1509. MARY BARNES was indicted for stealing, on the 2nd of August , 3 pieces of printed cotton, value 5s.; 1 cork-screw, value 5s.; 3 tea-spoons, value 18s.; and 2 yards of linen, value 1s. ; the goods of James Amor ; to which indictment she pleaded
GUILTY . - Transported for Seven Years .
1510. MARY BARNES was again indicted for stealing, on the 5th of September , 1 boa, value 18s.; 1 cloak, value 1l.; 1 pair of trowsers, value 15s.; 2 handkerchiefs, value 8s.; 1 watch, value 1l.; and 1 umbrella, value 7s.; the goods of Michael Underwood - and also for stealing, on the 15th of September , 2 sheets, value 10s.; 1 watch, value 2l.; 1 waistcoat, value 13s.; 1 tea-caddy, value 2l.; 2 table-cloths, value 10s.; 2 handkerchiefs, value 10s.; and 1 book, value 2s.; the goods of John Collier ; to which indictments she pleaded
GUILTY . Aged 42. - Transported for Seven Years more .
1511. ROBERT NEWBY was indicted for stealing, on the 1st of October , 2 pair of stockings, value 4d.; 1 pillowcase, value 9d.; 4 bed-curtains, value 2s.; 2 pieces of bedfurniture, value 2s.; and 4 pieces of calico, value 1s. ; the goods of Henry Colwill ; to which indictment he pleaded
GUILTY . Aged 58. - Confined Six Months .
Prisoner. Q. How do you know me? Witness. A. I had seen you several times before - you took it off the cart - you passed me with it.
GUILTY . Aged 42. - Confined Nine Months .
RICHARD PINKNEY . The prisoner was my apprentice , and his time had nearly expired - this pair of shoes were found concealed by a lodger - I watched, and saw the prisoner take them about half-past eight o'clock in the evening - he then went into the kitchen, and was there a few minutes - I then followed him into the shop, and told him I would not allow him to go, as he had something about him belonging to me - he said he had not - the officer found these shoes concealed in his breeches.
Prisoner's Defence. I had sold them to a young man, and if he had been satisfied with them I should have brought back the money.( Robert Hammersly , a cooper, in St. George's, gave the prisoner a good character.)
GUILTY. - Aged 20. Recommended to mercy .
Confined Nine Months .
JOSEPH BEHRENS . I am a jeweller , and live at No. 236, High Holborn . On the 8th of October, I was standing at my counter - I had two pair of ear-rings on the case on the counter - the prisoner came in, and asked for Museum-street - I directed him - he stood a little while, and then threw some snuff close to my eyes - he snatched something off the glass case, and ran off - I followed him a little way, but was afraid to go further - I then returned, and called, "Stop thief" - a man came, and said he was taken- I went and found him in custody - I am quite sure he is the man - these are my ear-rings; they are worth 7s. - they were gone when the prisoner was gone.
GUILTY . - Aged 26. Transported for Seven Years .
GEORGE BIRKBECK . I am a carpenter , and live in Cock-lane, Smithfield. I put this shawl on my carpenter's bench, in Lamb's-passage , on the 6th of October - it belonged to Mrs. Maslin, where I lodge, she gave it me to get it dyed.
Cross-examined by MR. CHURCHILL. Q. When was it returned to Jones? A. On the 6th of October; I gave it him to give to his shopmate.
Cross-examined. Q. Is there any mark on it? A. Not to my knowledge.
ELIZABETH MASLIN . I am the wife of James Maslin , and live in Cock-lane. I know this shawl is mine - I gave it to Birkbeck - there is a darn in it, and several marks - it was nearly the same colour it is now.
Cross-examined. Q. Is it any unusual thing to have a darn? A. No; but there are several spots in it which would not take the dye.
GUILTY . - Aged 40. Confined One Month .
MARTHA STEVENS . I live with Miss Oakey, at Islington . The prisoner used to call for parcels for Mr. Clark, the carrier - on the 5th of July, I paid him 1s. 2d.; on the 11th, 1s. 2d.; and on the 30th of July, 8d.; for his master.
Cross-examined by MR. CLARKSON. Q. How do you know the dates? A. Mr. Clark told me the days.
BENJAMIN CLARK . I am a carman , and live at Holloway. The prisoner was my servant - he ought to have collected money from Stevens, or her mistress - there was 1l. 4s. 2d. due from there - on the 5th of July, I had a demand of 1s. 2d. there, for a trunk, which went to the Blue Boar, Aldgate - I never received that from the prisoner - it was his duty to have paid it me the next morning - on the 11th of July, I had a demand of 1s. 2d. from the same place; and 8d. on the 30th of July - I never received these sums.
Cross-examined. Q. How long has he been in your employ? A. I think, twelve or thirteen years, or more - I asked him, one Sunday morning, if he had any more money belonging to me, but we had no quarrel at all.
Q. Then he did not leave you on a Saturday in September? A. No; he left me on a Sunday morning, when I asked him if he had any more money belonging to me, as there was some which had been standing a long while; and when I came to cast up my book, he had 2s. more than his wages - it was his habit to deduct his wages from what he received - some of the entries in this book are mine, and some my son's - there was an account owing from Miss Oakey, of about 1l. - there is a carrier of the name of Bell, who lives about a mile from me.
Q. When the prisoner left you, did he go into the service of Bell? A. I know he was in his service on the Tuesday, and he was then taken - Bell is a Highgate carrier, and I am a Holloway carrier - I charged the prisoner with taking 2s. above his wages - I did not take him then, but I did not know he was going to leave - I expected he would come on the Monday morning - I do not know whether I should have proceeded against him if he had come
Q. Did you not say he settled every morning? A. He did not give me the money, but he settled the account, and if he had more money than I thought he wanted, I took part of it.
COURT. Q. Have you had a regular settlement with him since the 30th of July? A. Yes, every morning; he has never owned to having received these sums in his account.
MR. CLARKSON. Q. Did you go before Mr. Sergeant Sellon? A. Yes; he said this was not a case that ought to go to a Jury, and I might go outside and settle it - but I did not think it right to settle it - if the prisoner should be discharged, he may go back to Bell, and welcome - he offered to pay me 1s. a week.
COURT. Q. Are you able to swear you did make such payments as 1s. 2d. - 1s. 2d. and 8d.? A. Yes; but I cannot tell the month nor the day - I think it was on the 5th of May, that I began paying the bills.
NOT GUILTY .
Fifth Middlesex Jury, before Mr. Sergeant Arabin.
JOHN BARLING . I am the prosecutor's son. The prisoner came to the shop, and asked for some water, but I did not hear him - my father had a gold watch in the shop, which he lost - I stood in the shop while my sister went to the yard to get some water - I have seen the watch since.
Cross-examined by MR. DOANE. Q. Was there a woman in the shop when the prisoner was there? A. Yes; and half an hour after they had both left, I missed the watch.
AMELIA BARLING . I was at home when the prisoner came into the shop, and asked for a drop of water - I called my brother down - I went and got the prisoner the water, which he drank - this watch had been in the glass case, and we missed it half an hour after the prisoner was gone.
Cross-examined. Q. It was shut up in the glass case? A. Yes; there was a woman in the shop, and after they were both gone, we missed the watch.
CHARLES GRINHAM (police-constable S 155). On the 2nd of October, I saw the prisoner at No. 7, Skinner-street, Somer's-town - he had a watch, and was fitting a key to it- I asked him how he came by the watch - he said it was his father's, who had sent him to get a key to it - I asked him where he lived, and he said in Little Coram-street - I knew he did live there, and I let him go - on the Saturday afterwards, Mr. Barling came to the station-house, and gave a description of him, and I went and saw him in Coram-street - I said a gentleman wanted to speak to him - he walked a little way by my side, and then ran off - I pursued and took him - I found this watch on him.(Property produced and sworn to.)
GUILTY . Aged 13. - Transported for Seven Years .
1518. WILLIAM MASON was indicted for stealing, on the 26th of September , 1 coat, value 10s.; 1 jacket, value 5s.; 1 waistcoat, value 2s.; 1 pair of shoes, value 5s.; and 1 flute, value 10s.; the goods of Thomas Ball , being in a vessel in a port of entry and discharge .
WILLIAM FIDDES . I am carpenter of a ship which was in the West India Docks . On the 26th of September I left her about three o'clock, and every thing on board was then safe - I went back between five and six o'clock, and found the lock knocked off the companion door - it had been locked when I went away, and I had the key - this property was on the cabin floor - it belonged to Thomas Ball - I had seen it in his possession at sea - I know nothing of the prisoner.
HENRY ROBERTS . I am a watchman in the Docks. I found the prisoner there between six and seven o'clock in the evening of the 26th of September - he was concealing himself in the water-closet on board the vessel - I found nothing on him.
Prisoner's Defence. I went to see a young man who was bound apprentice there - these things were all about the place - I went to the water-closet, thinking the young man would come, and some one fastened me in.(Eliza Scott, of Bedford-row, and Harriet Webster, of Bedford-row, gave the prisoner a good character.)
GUILTY . Aged 14. - Transported for Seven Years .
JOSHUA FLIGHT. I am a waiter , and live in Field-place. On the 17th of September I was at Enfield Races , between three and four o'clock - the policeman came up and spoke to me - I then missed my handkerchief - he pointed out the two prisoners to me - Omer threw my handkerchief from his hat on the seat - this is it.
Omer. Q. What can you swear to it by? A. By some stains on it - I had it in my pocket half an hour before.
WILLIAM SERVANT (police-constable A 14). I was at the races - I saw the two prisoners in company - they went behind several persons, and Omer lifted their pockets - he then went behind the prosecutor, and Rayner stood so as to hide him - I got by their side and saw Omer's elbow moving - I asked the prosecutor if he had lost any thing - he said he had, and we took the prisoners into a booth, and Omer threw the handkerchief on the seat.
Omer. Q. Did you see me take the handkerchief out of his pocket? A. I saw your elbow move.
Rayner. Q. Did you see me with Omer? A. You were together.
Omer's Defence, (written.) "I saw a handkerchief lying about six feet from me - I took it up
OMER - GUILTY . Aged 22.
RAYNER - GUILTY . Aged 23.
Transported for Seven Years .
GEORGE WELLS. I am father of the prisoner - he lived at home with four other children. I missed two gowns which had belonged to my wife, who died on the 12th of May - I spoke to the prisoner about these gowns, but did not make him any promise or threat - he owned it to his sister, and I went to the pawnbroker, and found them
GEORGE WELLS. These are my property - they were taken out of the drawers.
(The prisoner put in a written paper simply denying the charge.)
GUILTY . Aged 15. - Transported for Seven Years .
DAVID FARTHING . I am in the service of Mr. Edward Edwards , of Woburn-square . On the 23d of September, about half-past eleven o'clock, I went out, leaving all safe - I shut the area gate after me, leaving this property in the pantry on the basement story - I returned about one o'clock, and was told of the robbery - I went down and missed the articles stated - I have seen them since - the prisoner is a stranger to me.
ELIZA HAMMERTON . I live with the prosecutor. I heard the plate rattle in the pantry cupboard about half-past eleven o'clock - I went to the door, as I was not certain that my fellow-servant had returned - I said, "John, is that you?" - I received no answer, but a hand waved, which much alarmed me - I called for assistance, and when I turned back, the prisoner went out - I was much alarmed - Mr. Minter came when he heard me call, and took the prisoner - he was brought into the hall, and this property was found on him - he said his father had left him, and he asked for forgiveness.
GUILTY - Aged 17. - Transported for Seven Years .
1522. MARY HEMS was indicted for stealing, on the 14th of September , 5 table-cloths, value 40s.; 4 sheets, value 20s.; 4 napkins, value 15s.; 2 pillow-cases, value 3s.; 2 tray-cloths, value 6s.; 2 petticoats, value 2s.; 2 pair of stockings, value 3s.; 3 lace caps, value 3s.; 1 veil, value 1s. 6d.; 1 pair of shoes, value 1s.; 1 tippet, value 6d.; 2 pieces of calico, value 1s.; 1 cake of soap, value 3d.; and 1 brush, value 6d.; the goods of George Taylor , her master .
GEORGE TAYLOR. I am a timber-merchant , and live in Mortimer-street, Cavendish-square . The prisoner was my servant of all-work since January last, but I had discharged her - I then missed this property, and the officer went in search of her - her box had been removed from my house, and brought back by my desire, as she refused to let me search it before it went - it contained the property stated.
Cross-examined by MR. DOANE. Q. Did not she say that she objected to let her box be searched except by an officer? A. Yes - she left several boxes behind her - I did not open any of them in her absence - the box she took away was found at the next door neighbour's - I expect she was not staying there, but I was sitting in my parlour when she took the box, and saw it was so heavy she could not carry it far - I made inquiry, and found that she had left it there.
Cross-examined. Q. Was the box fastened? A. Yes, the prisoner said the property belonging to Mr. Taylor was in that box - the keys were found in a bonnet-box - but the property had been found before she stated this.
MR. TAYLOR. This is my property - one of the keys found, opened the drawer where it had been.
Cross-examined. Q. How was the prisoner taken? A. She was given up by a soldier, who was represented as her husband, and she came to my house.
GUILTY . Aged 27. - Transported for Seven Years .
CHARLES PADDEN . I am foreman to Mr. Francis Cotton , a pawnbroker , in Shoreditch . On the 13th of September, a waistcoat was stolen - it had hung at the door- I received information, and missed it - I found it at another pawnbroker's.
WILLIAM CLUFF . I am a pawnbroker, and live at No. 6, Church-street, Bethnal-green. The prisoner pawned this waistcoat for 2s. for his brother.
JOHN SMITH . I was opposite the prosecutor's on the 13th of September, and saw the prisoner and another boy run away together - the other boy had something in his apron.(Property produced and sworn to.)
GUILTY .* Aged 15. - Transported for Seven Years .
1524. MARGARET RILEY was indicted for stealing, on the 7th of October , 1 iron pot, value 1s.; 1 pillow, value 1s.; 1 pair of shoes, value 1s.; 1 flat-iron, value 6d.; 1 pan, value 3d.; the goods of Eleanor Tracey ; and 1 shirt, value 6d.; 1 petticoat, value 6d.; 2 sheets, value 1s. 6d.; and 1 shift, value 1d.; the goods of John Crawley .
ELEANOR TRACEY . The prisoner lodged in my room for about a month - I missed the articles stated at different times - I spoke to her about them - she said she had not taken them all at the same time, and she would bring them back - I had not permitted her to take them.
JOHANNA CRAWLEY . My husband's name is John Crawley - I lodge in the same house - I lost a shirt, a petticoat, and some other things - they had been in the room where the prisoner was - she said she took them, and would bring them back.
JAMES TURNER . I am a general-dealer, and live in Whitecross-street. On the 26th of September, I purchased an old sheet of the prisoner for 5d.; and, on the next day, another for 6d. - I had known her eighteen months - I think I paid her more than they were worth.
Prisoner's Defence. She lent me the things, and I was to bring them back at such a time - she got intoxicated - my girl and she had some words, and through spite she gave me in charge.
(The prisoner received a good character.)
GUILTY . Aged 40. - Confined Three Months .
1525. THOMAS WALKER , ALFRED WALKER , and ISAAC WALKER , were indicted for stealing, on the 25th of September , 160lbs weight of lead, value 25s., belonging to Henry Holland , Esq ., and fixed to a building of his , against the Statute.
MESSRS. ADOLPHUS and DOANE conducted the Prosecution.
HENRY HOLLAND, ESQ . I have a leasehold interest in the house No. 48, Harford-street - I had granted a lease of it to a person named Bass, who never had possession of it, in consequence of Thomas Walker , the prisoner, retaining possession - I had granted a lease to Hawkes, but his term expired three or four years ago - he afterwards held it as tenant-at-will down to some day in July, 1834 - I have since then granted a lease to John Bass - I never granted a lease to the prisoners - I did to Bass, but I told him I should not expect any rent of him till he got possession, because Walker, the prisoner, was on the premises - Hawkes went away, saying he could pay no more rent; and he left Walker in possession of the house, who kept an adverse possession - Hawkes went away because he was in distress - he has not been my tenant since - I had no intercourse with Walker - having granted the lease to Mr. Bass, it became his business to get possession if he could - I directed a notice to quit to be served on the premises - it was directed "to Mr. Hawkes, or all whom it might concern when Hawkes's year would have expired" - Walkers had not possession of the house in any way with my consent - I never acknowledged them as my tenants.
Cross-examined by MR. PHILLIPS. Q. Had you served an ejectment on any body? A. I authorized Foster and Freer to serve an ejectment on the person found on the premises, which was Walker; but I am not in possession of the particulars - I had not gone to the house while Walker was in possession, nor seen either of them.
JOHN BASS. I had taken the house of Mr. Holland, but I never got possession, because Thomas Walker kept possession - I called on Walker about October last, and asked him when it would suit his convenience to give me possession - he answered, "Mr. Holland has robbed me of 200l., and until he makes me recompense, I will not quit possession" - he said, "I am sorry for you, but as I was robbed by Mr. Holland, I shall not give possession" - a person called on me, on the 27th of September, 1833, and said something, which I told Mr. Holland, but he did not agree to it - I never authorized the prisoners to take any thing away.
Cross-examined. Q. This was investigated several times at the police-office? A. Yes. I was at Marlborough-street when Mr. Holland made a charge against Walker for an assault - there was no charge against me - I have no recollection of Walker stating that he kept possession in consequence of some agreement with Hawkes.
MR. ADOLPHUS to HENRY HOLLAND, ESQ. Q. Had you any transaction with Walker by which he could lose 200l. by you? A. No. An agent of mine put a distress into the house to secure the remaining property of Hawkes, and some trifles belonging to Walker were taken, but the whole did not sell for 4l.; therefore they must have been extremely trifling - Walker occupied part of the house while Hawkes was there, and he claimed to continue there.
Cross-examined. Q. Had you given direction, in any way, to eject Hawkes? A. No - he was my tenant at the time he absconded - Walker had lodged in the house before, and was there when Hawkes left; and at the Christmas following, I gave a notice to quit, addressed to Hawkes, or whom it might concern - I knew that Walker was in possession after Hawkes had disappeared.
MR. ADOLPHUS. Q. Had not Hawkes, before that, given up the key? A. Yes, to my agent, but I never saw it.
JAMES WHITE (police-constable K 62). On Tuesday morning, the 25th of September, I was in Harford-street, and saw some lead rolled up on the top of the house, No. 48 - I did not see any one there - I watched till night, but did not see any one come out of the house - on the next morning, at twenty minutes past six o'clock, I missed the lead
Cross-examined. Q. Did you go into the marine-store shop with Alfred Walker? A. Not exactly with him, but directly after him - the box was opened in my presence, so as to enable me to see what was in it, and then the lid slipped down again - I desired the marine-store dealer to take care of the lead - I did not leave the prisoners in custody - I was not in uniform - I said I was an officer.
MR. ADOLPHUS. Q. When you saw him open the box did he see you? A. I do not know - I was close to him - he might if he had looked.
THOMAS CARR . I keep the marine-store shop in Bedfordbury. Alfred Walker brought the lead to my house in a candle-box - he brought it in to sell as old lead - the officer followed him in - I had bought of him two or three times before - I asked him particularly where he brought it from- he said from Larkhall-lane.
Cross-examined. Q. Do you happen to know that his father had lived at Larkhall-lane? A. No. I had known Alfred Walker three or four months ago - he told me his father's name was John Walker - if I had seen any secret about him, I would not have dealt with him.
MR. ADOLPHUS. Q. Did you inquire at Larkhall-lane? A. Yes, there were three or four Walkers there.
OLD COURT. - Friday, October 17, 1834.
Second Middlesex Jury, before Mr. Sergeant Arabin.
JAMES WOODBRIDGE. I am in the service of Colonel James Limond , of Drayton-green, Ealing - I have lived there nearly four years. Early in March last I missed a £10 note from my box - I had left my key in the box - the prisoner was footboy under me - I had seen the note safe a few days before in my pocket-book - the pocket-book was not taken - I told him I had lost a £10 note - he assisted me to look for it, and said he knew nothing of it - I said I had got the number, and probably I might see the note again, and should know it - the prisoner left the house on the 17th of March, which was a few days after I missed the note - we did not know he was going - he was afterwards apprehended at Canterbury - (looking at a £10 note) this is the note - I gave master the number and date to take to the Bank - it is the number and date of the note I lost.
Cross-examined by MR. HEATON. Q. When did you make the memorandum? A. Some time before I lost it - I took it from the note itself - the prisoner had been in the service five or six months - the Colonel had a good character with him - the trunk was in the servants' hall, which other persons had access to. I am certain I left the note in the pocket-book - I spoke to him immediately I missed it - that was three or four days after I had seen it.
BENJAMIN SCHOLFIELD . I am an officer of Marlborough street. I had information of this - I went to Canterbury, and arrived there on Sunday, the 11th of September, and received the prisoner in custody there from the gaol, in con - sequence of a statement in the "Hue and Cry" - I told him what I took him for - he said he found the note against the hall door, and changed it, and he thought his father had made it good - that he bought a watch; which I took out of pawn at Canterbury - he was in a respectable situation at Canterbury, and bore a very good character there.
MR. HOPKINS. I am clerk in the Cashier's department in the Bank. This note was paid by me in July - I have a memorandum of it, which I took from the bank book, I made it myself - it was paid in July - it is dated the 22nd of June, 1833.
Cross-examined. Q. Have you any other of the same number? A. There are never two notes of the same number and date.
Prisoner's Defence. When I left, he told me to leave the place directly, and I left at half-past three o'clock in the afternoon.
GUILTY. - Aged 16. Recommended to mercy . - Transported for Life .
1527. JOHN BAXTER was indicted for stealing, on the 2nd of September , 2 napkins, value 2s.; 1 toilet cover, value 1s. 6d.; 1 shirt, value 5s.; 2 handkerchiefs, value 4s.; 2 lace caps, value 20s.; and 4 yards of lace, value 10s. ; the goods of John Mayo .
ELIZA APPLEBY . I am servant to John Mayo, of Connaught-terrace, Edgware-road , and have lived there nine months. On the 2nd of September I was left in the care of the house, the family being out of town - the prisoner was employed in all the rooms in the house repairing the bells, (it was the first day he came,) about five o'clock in the afternoon - I heard a noise in mistress's room - I went up stairs - master's drawers were locked, and contained the articles stated in the indictment, with others - when I entered the room I saw the prisoner there at the chest of drawers with one drawer open, turning over the clothes -
Prisoner. Q. What is the name of the young girl you there that day? A. Ann Ward - she was up stairs in room with me - I was scouring the room and cleaning paint - I went down stairs between four and five o'clock was not down more than a quarter of an hour or ten minutes - I was down there five minutes - the girl was not the bed-room during that time - she was out of the case.
Q. Where were you about half-past two that afternoon, were you not shut in the coal-hole with one of the painters? A. I was once that day - I went there to get some coals - great many boxes had been thrown on the coals, which I did not move - a painter came in to move them for me, a boy outside, named Archer, shut me in with him against my inclination - I gave the card the prisoner me to the officer.
THOMAS FRANKLIN . I am an officer. I received information of this, and on the 16th I met the prisoner in the met he lived in, and told him I had a warrant against him breaking the locks of the prosecutor's drawers - he said he knew nothing about it, but he recollected very well he had been drinking with the painters that day - Appleby me this card - it is, "John Baxter, locksmith and bellsger, Hale-street, Edgeware-road."(Property produced and sworn to.)
Prisoner's Defence. I was employed to go to the house to repair the bells - I went there about nine o'clock, and went home about four - next morning, to my great astoliment, my wife told me a girl had been there from the house, (a friend of the witness,) who said I was accused of robbery, and she should advise me to settle the case - I said I should do nothing of the sort, being confident I had done nothing - I went about as usual till the Sunday following, and at about half-past one, the same girl came again, and stood directly in front of my area - my eldest boy said,"Mother, here is a young person looking down" - my wife went to the window - the girl beckoned her, and said, "Is Mr. Baxter at home?" - she said, "Yes, he is, but he is cleaning himself" - she said, "Tell him to go out of the way - there is a warrant against him" - about a quarter after eight the same evening, a double knock came to the door, and the girl came in with another, and said, "It is an arbitrary thing - your husband had better settle it - the officers will be here at ten o'clock to-morrow morning; for God's sake keep out of the way" - they said they were in the habit of going backwards and forwards to the terrace, and would let Mrs. Baxter know every move - I was at home all next day - no officer came - on Tuesday night the girl came again, and said, "Is Mr. Baxter taken?" - my wife said, "Nobody has been here after him" - I heard nothing more of it till I was taken - I was about my business at all hours in the day, and if I was guilty, I should consider the girl would have done her endeavours to secure me, and not advise me to get out of the way - had I known myself guilty, I should not have remained in the place - I never was from home - as regards the card it was eleven o'clock in the morning that I gave it her, in the presence of the painters - I solicited them for their future favours - the foreman said, "Let us see one of your cards," and I gave him one - when Ward was asked her name, she refused to give it.
GUILTY . Aged 41. - Transported for Seven Years .
Before Mr. Justice Gaselee.
1528. WILLIAM PAGE and MARY ANN EDWARDS were indicted for that they, on the 3rd of October , at St. Margaret, Westminster , 4 pieces of counterfeit coin, resembling and apparently intended to resemble and pass for the King's current silver coin, called half-crowns, feloniously did falsely make and counterfeit , against the Statute, &c.
MESSRS. SCARLETT and ELLIS conducted the Prosecution.
ROBERT GOOSE . I am a policeman. On the 3rd of October, I was with Banister and Martin Smith - I went to the house, No. 47, Orchard-street , with them, to the one pair back room - the street door was open - the one pair back room door was locked - I gave three thrusts against it, and the door gave way - Smith and Banister were behind me - I went in, and passed another man and the female prisoner - I made up to the male prisoner - the other man stood just inside the door, and the female prisoner at the table - I saw the male prisoner sitting on a chair on the left hand side of the fire-place, about a yard from it - as soon as he saw me he rose up - he had no coat on, and his shirt sleeves were tucked up above his elbows - as soon as I got up to him, I got hold of him - he had something in a cloth which he put between his knees - he had the cloth in his lap when I entered - he rose up, and threw something towards the fire out of his lap - I believe he had an apron on, but I did not not see it - he threw some counterfeit half-crowns from his lap - I ascertained them to be counterfeit five minutes afterwards - they fell into the ashes - he had the towel in his hand, and stooped down to press it together, and from the towel fell one half of a mould, and in his hand I saw the other part of the mould with the half-crown in it- he would not leave off destroying them till I struck him in the eye - he then dropped down, and dropped the towel with part of the mould in it - the moulds were broken all to pieces in the scramble - he struggled very hard, and we could not get him away before he had destroyed them - both pieces were broken entirely - here is the towel the mould was in - the blood on it came from him when I struck
SAMUEL BANISTER . I accompanied the officers - I followed Goose into the room - I observed the window had the curtain drawn before it - the two prisoners were the only persons I saw in the room, which was extremely dark- it was a very foggy morning, and the window was shaded by the curtain - there might be two or three more without their being seen - the woman got away - I was immediately behind Goose - the first thing I saw was a struggle between Page and Goose - I went to assist Goose - Page was sitting in a chair near the fire-place - he got up and made a rush at the fire - Goose laid hold of him, struggled with him, and struck him - he sat down, and squeezed something between his knees - I saw something white drop, and picked up some pieces of the mould - I found four counterfeit half-crowns in the fire-place - I found some waste pieces of mould about the room, and a bag of plaster of Paris in a closet in the room, and a piece of white metal on a shelf in the same closet.
Page. Q. Did you see the young woman there? A. Yes - she was in the centre of the room - she might be coming to the door, but did not appear so.
MARTIN SMITH . I accompanied Banister and Goose - when we entered the house, I saw a man standing in the middle of the room, and Edwards against the table - Page sat in a chair by the side of the fire-place, with his coat off, his shirt sleeves tucked up, and a towel in his hand with something in it - Goose said, "If you do not give that up I will knock you down," and immediately struck him a blow on the head, and as he fell back, the towel fell from his hand with something in it - I immediately took the prisoner, and took him to the other side of the room - I secured him while Banister and Goose searched the room, and found what they have produced.
WILLIAM CORSTER . I am agent to Mr. Walton, landlord of the house the prisoners live in. I let the first floor back room to the male prisoner in October - he paid the rent, and occupied it about seven weeks previous to the 3rd of October - I have seen Edwards there at different times casually, but I did not consider her a lodger - she was there at times - I did not see her for the first two or three weeks.
JOHN FIELD . I am inspector of counterfeit coin to the Mint, and have been so a great number of years. I have had experience in matters of this sort - this half-crown produced by Goose is counterfeit - it is the one which fell from the mould - here are also eight other counterfeit half-crown- the first five produced are impressions from the same mould, the other four are not impressed from that mould - here is a good half-crown, which Goose produced, which appears to have been the half-crown that made the- all the thirteen half-crowns produced have been made from moulds made from the same good half-crown, and only nine of them from the mould produced - the good half-crown has made more than one mould - Banister his produced some broken pieces of a plaster of Paris mould which has been used for casting half-crowns - here are five pieces of a mould, having parts of the impressions of the obverse side of a half-crown - here are parts of the letters and date, and here are three other pieces, having parts of impressions of the reverse side - I believe nine half-crowns have been made in this mould when perfect - the four finished are not from the same mould - this pipkin has white metal in it of a description like the counterfeit even - this spoon is of the same white metal as the counterfeit coin, and such as is usually used to melt for casting coin - this tobacco-pipe has white metal in it of a similar description, and may have been used to lade metal out of the pipkin - this get fits the channel of the mould, through which the metal flows down into the impression.
Page. Q. I wish to know whether you say that is a mould? A. These are parts of what I believe has been a mould.
Page's Defence (written)."You have heard the evidence adduced in support of this charge, and I leave it with you to determine as to my guilt or innocence; but, at the same time, I confidently rely on your verdict. The only circumstance at all implicating me in that offence, is the finding of some whitening in the room from which I was taken, and which I am in the habit of using, or causing to be used, for the purpose of cleaning the hearth - which the police preternd was used by me for the purpose of forming moulds - a corresponding circumstance, and which, in a great measure, leads to my being thus charged, was the circumstance of the melted metal being on the fire; this I was about to form into a weight for a pully to the spring of a pigeontrap - the circumstance of having counterfeit coin found in the room, I cannot attempt to deny, but many other persons had access to the same room, and I do most solemnly deny that any thing was found in my possession to justify this prosecution - when the police arrived, there was no person on the premises but myself: the female was only an occasional visitor at my lodgings, and was gone out, at the time the officers came to search my room, for some milk for my tea - whatever verdict you may see proper to return, as it regards me, I do most solemnly protest the female prisoner is innocent of having done any offence in conjunction with me."
PAGE - GUILTY . Aged. - Transported for Life .
EDWARDS - NOT GUILTY .
Before Mr. Justice Gaselee.
1529. GEORGE SMITH, alias George Pink Smith , was indicted for stealing, on the 22nd of September , at St. Pancras, 1 coat, value 3l.; 1 pair of trowsers, value 1l.; 1 waistcoat, value 12s.; 3 handkerchiefs, value 10s.; 1 toWilliam Monger , in his ing-house; and 1 pair of trowsers, value 1l.; 4 handkerchiefs, value 1l.; and 1 telescope, value 3s.; the goods of Benjamin Derden .
WILLIAM MONGER. I am a painter , and lodge at Mrs. Arnett's, No. 50, Cromer-street, Brunswick-square . John Somers is the landlord I believe - he does not live there - let out in different lodgings - three lodge in my room, garden, myself, and Cotchett - the prisoner slept there senights - on Sunday, the 21st of September, Cotchett that him there to sleep - on Monday morning, the 22nd, up about half-past five o'clock - the prisoner was in room then - he slept with Cotchett - I hung my clothes and the door at night, when I took them off - a coat, waistcoat, trowsers, and handkerchief - they were there when on Monday morning - I took some money out of my weavers pocket - I went out directly I got up, and came back about a quarter before six o'clock in the evening - my clothes and handkerchief were gone then - the prisoner was there - there was a pencil-case in my coat pocket - I have seen that and a handkerchief since.
BENJAMIN DERDEN. I rent part of the room - I did not how the prisoner till he came to our lodging - Cotchett brought him there - he slept there on Sunday, the 21st of September, and on Monday morning I got up about six o'clock - when I went out, I left him in bed - I went out about half-past six o'clock, and returned about a quarter before six o'clock in the evening - he was not there then - I missed a pair of trowsers, four silk handkerchiefs, a penknife, and eye-glass - I had seen them safe on the Sunday morning, in a box in the room - I did not lock my box when I went away - it was there when I came back, but the things were all gone - I have seen a handkerchief and eye-glass since - say trowsers and handkerchief were worth 2l. 4s.
JOHN COOK . I am a pawnbroker, in the employ of Mr. Payne, of High-street, Chatham. I know Ann Hillyer - the direction given me was at Chatham, and I believe she lives at the Royal Oak) - on the 24th of September, she pawned two handkerchiefs and an eye-glass, and said she brought them from a person named John Smith - she pawned them for 3s. 6d. all at one time - I have them here.
ANN HILLYER . I live at the Royal Oak, Chatham. I knew the prisoner by his frequenting the house - on the 14th of September, he came to the house, and gave me two silk handkerchiefs and an eye-glass, and told me to go and lodge them where I liked - he did not tell me where to pawn them - I pawned them at Mr. Payne's, High-street- I brought him the money and the duplicate - these are the same (looking at them) - I had seen him at the house several times before.
THOMAS PRICE . I am a corporal in the 49th regiment, which was at Chatham in September. The prisoner was a private in the corps - I saw him on the 23rd of September, at Chatham - he had been away on furlough - he gave me a bundle to take care of for him - I saw two black handkerchiefs, and one corner of a handkerchief was marked "B.D." with white silk - I kept them for him till the following morning - he said his friends, or his sister, had made him a present of them - (looking at the property) I know this handkerchief and eye-glass - I cannot swear to the other handkerchief.
ANN SMITH . I live at the Cross Keys, Chatham. I know the prisoner by his coming to the house to drink - on the 23rd of September last, he gave me a pencil-case as a keepsake - I gave it to Fletcher, the officer - this is it.
THOMAS FARRANT . I lodged in the same house with Monger. On Monday, the 22nd of September, the prisoner passed me in the passage with two bundles under his arm, and went out - I was painting the passage - he appeared to be in a hurry.
Prisoner's Defence. I know nothing at all of it - Farrant did not see me go through the passage.
GUILTY of Larceny only . Aged 20. - Transported for Seven Years .
Before Mr. Baron Gurney.
1530. JOSEPH BURTON was indicted for feloniously breaking and entering the dwelling-house of Richard Neville , on the 31st of March , at St. Anne, and stealing therein 1 chest, value 10s.; 3 waistcoats, value 3s.; 1 pair of trowsers, value 7s.; 2 shirts, value 2s.; 3 jackets, value 6s.; 5 hats, value 5s.; 2 pair of stockings, value 1s.; 1 handkerchief, value 6d.; 1 table-cloth, value 6d.; and 1 coat, value 12s.; his goods .
RICHARD NEVILLE. I live at Limehouse. In March last, I lived in Park-street, in the parish of St. Anne , and kept the house - on the 31st of March, I went out, at half-past six o'clock in the morning - I locked up my house as usual - I left nobody in it, and returned at twelve o'clock - I found the door open - the lock was forced back, the window curtains down, and the house in confusion - I found the house had been entered - my chest and all my clothes, which were also in the chest, were taken away - the prisoner once lodged at my house - I reported it at the station-house that day, and two days after, I found some of my property at a Jew's shop, in Salmon-lane - a jacket, pair of trowsers, and two hats - the prisoner was taken on the 10th of September, and I found more property then.
WILLIAM WATERS . About last Easter, the prisoner came and asked me for a lodging, about eight or nine o'clock in the morning, and he came to lodge with me - he brought a small red-coloured chest to the house about an hour afterwards - I saw it opened afterwards, and saw some clothes in it - he asked me, when he brought the chest in, if I had any old keys that would open it, as he had lost the key of it - I tried a few old keys - none would open it, and I sent for a smith who opened it - he was afterwards carrying out things to sell - they appeared to be clothes - he stayed with me about eight or ten days - he offered to sell some things to the lodgers - and when he went away he said he was going on board a man-of-war, and should take the rest of the things with him, but they would not allow the chest to be on board of a man-of-war - he left in my possession an old oil-skin pair of trowsers, and an old hat or two in the chest - I gave him 3s. or 4s. for them - I sold the chest about two days afterwards, and gave the other things to the policeman.
AARON JOSEPH . I keep a shop in Salmon-lane - the prisoner offered some clothes to me for sale five or six months ago - he sold me a jacket and hat, and a pea-jacket- I afterwards gave them to a policeman - I had hung them up for sale, and they were claimed.
JOHN MURRAY . I am a policeman. I received from the witnesses the property they have spoken to, and produce it - this waistcoat I had from Harris, the jacket from Johnston, and the trowsers and hat from Waters.
RICHARD NEVILLE . I found the things at Joseph's shop, and sent for a policeman - they were delivered up at the station-house - I know all the things produced to be mine- there was nothing in my box but one pair of trowsers - the other things were loose in the room - I believe the things to be worth 2l. altogether - my box was red.
Prisoner's Defence. I was never at his house since September, and have not seen him from that time till I arrived from the West Indies.
GUILTY . Aged 24. - Transported for Life .
Before Mr. Justice Gaselee.
1531. ANN TAYLOR, alias Smith , was indicted for feloniously breaking and entering the dwelling-house of William Humphries , on the 16th of August , and stealing therein 2 gowns, value 20s.; 1 coat, value 50s.; 1 pair of trousers, value 20s.; 1 waistcoat, value 10s.; 1 handkerchief, value 3s.; 1 shirt-pin, value 3s.; 1 shirt, value 2s.; 1 petticoat, value 1s. 6d.; and 1 frill, value 1s., his goods .
MARY HUMPHRIES . I am the wife of William Humphries, and live at No. 111, Long-alley, Moorfields . My husband and I left the house, about half-past nine o'clock on the evening of the 16th of August - we have only one room - Mr. Jackson is the landlord - he does not live in the house - I locked it, and gave the key to my husband- I was absent about half an hour - on my return I found the room door broken open, a chest-of-drawers open, and things scattered about - I missed my husband's clothes, and the other articles stated in the indictment - I and my husband went towards Bartholomew Fair about the 3rd of September, and met the prisoner with one of my gowns on in Chiswell-street - she looked at my husband, and he looked at her, and called my attention to her gown - we followed her - he let go of my arm - I went up and told her I had lost some things, and she had got on one of the gowns I had lost - I asked her where she got it from, as I had lost some more things - she said she bought it in Rosemary-lane - she did not know the person she bought it of - I told her the body was lined with white - she said it might be - I told her the skirt was lined with dark green - she said it was slate colour - I wanted to look to convince myself, but she refused - I asked her how long she had had it - she said six weeks or two months - I told her I had not lost it so long as that - she said she had had it two months, if not longer, and it could not be mine, and said she would call on me the next day, or I should call on her - that she lived in the City-road - she said she could not give me any more satisfaction - she told me where she lived in the City-road, and gave me the number, but I do not recollect it - I told her my husband was just by, and I wished him to speak to her - she had a young woman with her - they were whispering - while I was looking for my husband they walked away - I lost them - my husband came up to me - I told him she had got on my gown - he had seen which way they went, and went after them - they looked back, and saw him coming towards them, and stopped - he asked her where she got the gown - she told him she got it in Rosemary-lane, and did not know the person she bought it of - he said he was not satisfied, and led her till he came to a policeman, and gave her in charge at Bunhill-row station-house - the inspector asked her where she lived - she refused at first to tell - she said she lived at Hoxton - they told her they must know where she lived, and the gown must be taken off her - then she said she lived in Old Nicholl-street - the gown was taken off her, and kept in the station-house - after the robbery I found a phosphorus box in my drawer, which was not there before - I know this is my gown - it is lined with three different colours - it is an old gown made up - there is a cut on the left shoulder, and a piece let in between the lining and the silk, it being a damaged silk dyed - the body was lined with white, and the skirt with dark green - I am sure this is the gown - I have not seen any other part of the property- the value of all the property I should think is about 10l. when new, and about 5l. 10s. when stolen.
Cross-examined by MR. CLARKSON. Q. The prisoner told you that she lived in the City-road, and at the station-house she said Hoxton? A. Yes. I do not know Plummer-street, nor Old Nicholl-street - the door of my apartment appeared to be burst open with violence - the drawers did not appear opened with violence - the other locks appeared to have been forced open with violence - I did not find any mark of any instrument on them - the house was broken on the 16th of August - I have not said it was on the 5th - it was not quite three weeks when I saw the prisoner - my husband's waistcoat was a buff one, and kerseymere - I believe he had had it for four years, but never wore it hardly - he had been to sea - he gave 10s. for it when it was new - he had the coat about the same time, and gave 5l. for that and the trowsers - he has been in London two years, but he did not wear the waistcoat a great deal - he wore it on Sundays in the summer - he used to wear the coat and trowsers on Sunday - there are three other lodgers in the house, men and women, and there were so at the time in question - they are all there now - the prisoner did not say she had had the gown three or four weeks - I never saw her before September - I was about ten minutes' walk from my house, when I saw her - I never saw her in my neighbourhood - she said she had worn the gown in Finsbury-square - I have
ROBERT READ (police-serjeant G 49). I was in Bunhill-row - the prosecutor and his wife gave the prisoner into my charge on the 3rd of September - I asked her where she got the gown from - she said she bought it in Rosemary-lane - I asked, "Of whom?" - she said, she did not know who the person was - I took her to the station-house, and afterwards received the gown, which was taken from her by a female who searched her - I asked when she bought it - she said, "About six weeks ago" - she told me she lived in Nicholl-street, in Spitalfields, and in Whitecross-street - she stated that at different times; the first time, she said, "Old Nicholl-street;" and at the station-house, she said, "In Spitalfields" - I did not go to either of the places, as she mentioned no number.
Cross-examined. Q. Do you know Nicholl-street? A. I believe there is a Nicholl-street in Hoxton Old Town- it is a long way from the turnpike in City-road - I know Plummer-street, in the City-road - that is away from Nicholl-street - I was not directed there - the inspector was present when she gave me the different addresses - she told him Nicholl-street; the other two addresses, she gave me in the presence of other persons, but not in their hearing, as there was a bustle in the station-house at the time - I never expressed my anger towards her at all - I never said I had got her in my power - I knew her before.
Q. Did you ever say in any body's hearing, that now you had her in your power you would give her a lift, if possible? A. On my oath I did not - Jews, and such persons, sell things in the street in Rosemary-lane - I never went to the prosecutor's house - the prisoner is a woman of the town - I did not know where she lived - I had not seen her in the neighbourhood of Chiswell-street, near Shoreditch - I believe she has always said she bought the gown in Rosemary-lane.
NOT GUILTY .
Before Mr. Baron Gurney.
1532. WILLIAM MANEY , JOHN SMITH , and WILLIAM DAVIS , were indicted for feloniously breaking and entering the dwelling-house of George Crook , on the 10th of September , at St. Mary Matfelon, alias Whitechapel, and stealing therein 23lbs. of sugar, value 17s. his goods .
ROBERT HARRIS . I was staying with George Crook at the time in question - I am not in his service - he keeps a grocer's and cheesemonger's shop , in Rosemary-lane, in the parish of St. Mary, Whitechapel - his mother is my aunt - I slept in the room adjoining the shop - on the morning of the 10th of September, I was awoke, between two and three o'clock, by my aunt - I looked through the parlour window adjoining the shop, and, in a few minutes, I saw a lump of sugar go off a shelf, on some raw coffee - it fell, and rolled over towards a square of glass, which was cut, and went through it - I ran out, and called "police," and saw three men going up Dock-street, which is at the corner of our house - one of them was fifty yards from our house, and the other two were following him - I observed Smith had a glazed hat on, and a lump of sugar under his arm - the other two were following him - I gave an alarm; called, "Police;" and, in the mean time, a man, dressed like a sailor, came up, and said something to me - the policeman came up, and, with the sailor, went in pursuit of them, and, in about ten minutes, returned with the prisoners, Smith and Davis - Smith had a glazed hat on; and they brought the sugar back with him - the sugar was marked, "8 1/2d.," in ink, in my handwriting - I had fastened up the shop about eleven o'clock the night before - it was safe then - I found the glass had been cut - there are outer shutters, and they were doubled together, pushed one before another - they were forced out of the grove with a chisel both top and bottom, and then the glass broken.
Cross-examined by MR. PHILLIPS. Q. Who is the owner of the house? A. George Crook - he has no partner- he was not living in the house at the time, but at another shop in Somer's-town - there was no servant of his living in the house - only me and my aunt - I am in his brother's service - my aunt is Crook's mother - she never lived at the other shop - Crook's brother is named Charles - he pays none of the rent - I do not know much about Dock-street- it is very much frequented by sailors - a glazed hat is a very common dress.
JACOCIA CROOK . I was sitting up that night, lying on the sofa - I heard a noise about two o'clock - I could not exactly say what it was - I again heard a noise like glass breaking - I went and alarmed my nephew - I am housekeeper to Mr. Crook.
Davis to R. HARRIS. Q. You say you came to the door and saw three men running away - I want to know if you can swear I am one of them? A. I cannot say, I can only swear to the other by the glazed hat.
ARTHUR CRAIG . I am a policeman. On the morning in question, I was on duty about half-past two o'clock - there was a cry of police - I ran towards the alarm, and saw Harris standing at the shop-door in his shirt - he gave me information, and I saw the shop-window broken open, and the shutters on one side - he said three men had run down Dock-street - I followed down the street, and into two dark places, and at the bottom of the street I looked to my right up East Smithfield - I saw Trower and Cummings, two policemen - I came up to the three prisoners in a dark corner in Cooper's-court, Blue-anchor-yard, about one hundred yards from the prosecutor's - they were in the corner of the court - it is a large wide court - I took Smith who had a glazed hat on - I brought him outside, and sprung my rattle - two other constables came down, and we went in search of the sugar, and found it inside a door where they were standing - the other two prisoners were taken - I showed the loaf of sugar to Harris as I passed the shop with the prisoner.
Cross-examined. Q. Do you know whether any people lived in the house in which you found the sugar? A. There were some people up the stairs - they were in bed - I went up stairs and searched the whole house - the sugar was in an empty room on the ground-floor - the prisoner's
JESSE TROWER. I am a policeman. I was on duty - directly the alarm was given I went into White's-yard and into Blue-anchor-yard - I was in company with the sailor Evans- Clay came to my assistance - I was with him when the prisoners were found - I did not see the sugar found - I found the prisoners in the corner of Cooper's-court.
Cross-examined. Q. How far is the court from Crook's? A. It might be four or five hundred yards - about a quarter of a mile, but I cannot say exactly - I opened one or two doors in the house, but my prisoner was rather restive, and I proceeded to the station-house - I did not open the door of the house the sugar was in - Cummings was with us.
COURT. Q. Which prisoner had you in charge? A. Maney - when I first took him I went into one house, and when I came out he tried to make his escape - I called the sailor to go with me to the station-house, and as we went along Maney said, if he was as big as I was he would see me *** before I should take him, using a bad word.
THOMAS CUMMINGS . I am a policeman. I was with the other officers, and found the prisoners in a corner of Cook's-court, all three together - I secured Davis - I did not ask him any questions - he said, "I have nothing to do with it, I do not know them" - I said, "You do know the other prisoners," I knew that - he said, "Yes, but I had nothing to do with the robbery."
Cross-examined. Q. Who opened the door where the sugar was found? A. I do not know; I did not see it found - the prosecutor's house is between four and five hundred yards from the court, I imagine.
ROBERT HARRIS re-examined. That is the loaf of sugar- Evans the sailor has absconded - here is my mark on the loaf of sugar.
Davis's Defence. I was returning home along Rosemary-lane, and met the prisoners - they asked me to go and have a pot of beer - I went down Blue Anchor-yard, and knocked at the door of the King of Prussia, but received no answer - Maney went down the yard to ease himself, and, being longer than usual, I went down the court to see what he was about - an officer came and took us.
Maney's Defence. I went up Shoreditch, and spent the evening there - I was returning home, and in Rosemary-lane I met Smith at the top of Blue Anchor-yard - I asked him to have something to drink - I was rather intoxicated - he said he would - I was going to the King of Prussia to get it - I met Davis in the road, and asked him to have a share of the beer - I knocked at the door of the public-house and got no answer - I wanted to ease myself, and went down the court for that purpose, and after buttoning up my clothes the officer came and took me.
( Thomas Dartwell , bricklayer, of No. 48, Lambeth-street, and Thomas Welch , rent-gatherer, of Rosemary-lane, gave the prisoner Maney a good character; Thomas Omer , gunsmith, No. 8, Chamber-street, Whitechapel, and Francis Curwin , Tailor, Rosemary-lane, gave the prisoner Smith a good character; and - Carey, a mariner, gave Davis a good character.)
MANEY - GUILTY . Aged 22.
SMITH - GUILTY . Aged 34.
DAVIS - GUILTY . Aged 22.
Transported for Life .
Before Mr. Justice Gaselee.
1533. EDWARD LEADENHAM was indicted for stealing, on the 4th of September , 1 tea-caddy, value 1l.; 2 silver canisters, value 4l.; and 1 silver sugar-basin, value 3l.; the goods of Thomas Adams , in his dwelling-house .
THOMAS ADAMS . I am an upholsterer , and live at No. 8, Great Pultney-street, St. James's, Westminster . I believe the prisoner is a tailor - I never saw him at my house but once, and that was one evening when I went down into the kitchen to put my whip away - I saw him standing there with my servant - I lost a tea-caddy, with silver sugar-basin and tea-canisters in it, all silver - I suppose them to have been lost about the 4th of September - I saw them myself on the 4th, but not since - I saw them standing on my pianoforte, in the drawing-room - they were worth about 8l., or eight guineas, altogether.
GEORGE BERRY . I am a police-serjeant. On Sunday, the 5th of October, I was on duty in Regent-street, at four o'clock in the morning - I saw the policeman Wovenden following the prisoner down the street - I spoke to Wovenden, and the prisoner came and asked us both to drink, which we refused - his pocket appeared to project out - I said to him, "You have glass in your pocket" - I put my hand and felt, and then took him to the stationhouse - I found a silver tea-canister, and part of a silver sugar-basin, in his coat-pocket.
SQUIRE WOVENDEN . I am a policeman. On Sunday morning, the 5th of October, I saw the prisoner in Regent-street - his pockets were sticking out very much - there were two more people with him - I followed him about one hundred yards, and then saw Serjeant Berry - while I was speaking to him, the prisoner came and asked us both to drink - we refused, and, while he was talking to us, Berry put his hand on his coat-pocket, and told him he had got a glass there - I took off his hat, and found in it another teacaddy and a part of the sugar-basin - I did not see Berry find the other property on him - we took him to the station-house - he pretended to be very drunk, and would not speak - he could speak very well before, and walk too.
JOHN LIPTROTT FINDLEY . I am an apprentice to Mr. Parkins, a pawnbroker, living in King's-road, Chelsea - I have a tea-caddy, which I believe was pawned by the prisoner on the 1st of October - I never saw him before, to my knowledge - it was pawned for 10s., in the name of John Smith , No. 18, Sloane-street - I can almost swear he is the person.
THOMAS ADAMS re-examined. This is my tea-caddy, and
(The prisoner put in a written defence, stating that he had found the property on the area bars of the prosecutor's house, as he was leaving one day; and not knowing to whom it belonged, he pawned the caddy, being out of employ, and kept the other articles, expecting a reward to be offered for them. - Benjamin Robinson, tailor, No. 8, Buckingham-place, Fitzroy-square; Joseph Glass, licensed-victualler, No. 32, White Hart-street, Drury-lane; and William Spinx, tailor, No. 13, Sharratt-street, Golden-square; gave him a good character.)
GUILTY - (value 99s. only). - Recommended to mercy by the Prosecutor . - Confined Six Months, One Week in each Two Months to be Solitary .
Before Mr. Baron Gurney.
1534. CHARLES MILLER was indicted for stealing, on the 13th of September , 1 bag, value 1s.; 1 handkerchief, value 2s.; 1 smelling-bottle, value 5s.; 2 keys, value 2d.; the goods of Daniel Clarke ; 1 purse, value 1s.; and 2 half-crowns, the goods and monies of Henry Danby , from the person of Mary Ann Clarke .
MARY ANN CLARKE . I am the wife of Daniel Clarke. On the 13th of September I was walking on Hampstead-heath , between half-past four and five o'clock in the afternoon with my sister-in-law - my servant was attending me - I had a reticule on my arm, and suddenly felt it cut from my arm - on looking round, I saw the prisoner making his escape across Hampstead-heath with it - I called, "Stop thief" - a gentleman, on the opposite side of the way, who heard me cry, pursued, and ultimately secured him in my sight - he threw the bag away - it was afterwards found, and restored to me - it contained two keys, a cambric pocket handkerchief, a purse, a handkerchief, and smelling bottle, that belonged to me; and two half-crowns belonging to my sister-in-law, who is the wife of Henry Danby.
Cross-examined by MR. PHILLIPS. Q. Is there any possibility that you may be mistaken in the prisoner's person? A. Not the least - nobody else was near, except my servant - I saw no other boy there - there could be no other without my seeing him.
REBECCA PHILLIPS . I am servant to Mrs. Clarke. I was walking with her, and saw the prisoner and another young man come forward to meet her - I saw the prisoner take hold of the bag, catch it from her arm, and run across the heath - I am not certain whether it was him cut the bag from her arm, or the other young man, but the prisoner took it from her arm - a gentleman pursued him, and he threw it away - I saw it picked up, on the spot where I saw it thrown - I never lost sight of the prisoner till he was taken - I saw him delivered to the policeman.
Cross-examined. Q. How near was the other young man to your mistress? A. He was close by my mistress - the prisoner and him were both close together - the young men were quite visible to my mistress.
JOHN FREETHY . I am a policeman. I received the prisoner from the gentleman who took him - the gentleman asked him what he cut the string with - he made him no answer.(Property produced and sworn to.)
GUILTY . Aged 20. - Transported for Life .
Before Mr. Justice Gaselee.
SARAH GARRARD . I am the wife of William Garrard , a policeman, and live in Golden-lane. My brother keeps a greengrocer's shop, and sells oysters - in August last I had the care of the business - on Saturday night, between eleven and twelve o'clock, I was in the shop opening oysters, and observed one of the tubs moving from the window board - I looked, and saw it was not gone - in a moment I saw it move again, and saw the prisoner take it deliberately from the window-board - I pursued him into the next house, thinking he lodged there - I followed him up six or eight stairs, and took the tub with one hand and him with the other, and brought him into the street - I said to the landlord,"One of your lodgers has taken my oyster-tub" - he said,"He is no lodger of mine" - I said, "Bring it back to where you took it from" - he raised his hand, struck me, and got from me - he was taken shortly afterwards, and I am positive he is the man.
ROBERT DAVIS . I am a hair-dresser, and live next door to Garrard. I was in my shop on the night in question, and heard a scuffling in the passage - I went up and saw the prisoner with a tub of oysters under his arm, the prosecutrix was pulling him down the stairs - they got into the street - the prisoner let go of the tub, and made a blow, which she avoided, and he got away - about an hour afterwards he was coming by again - I was at the door, and told the prosecutrix of it - the policeman came up at the time, and took him - I am sure he is the man - he was taken to the station-house - he tried to get away, but could not.
Prisoner's Defence. On the Saturday night, about eight o'clock, I met a young man, who prevailed on me to take a glass or two of liquor, and about twelve o'clock I was very much intoxicated - I have no recollection of what occurred that night.
GUILTY . Aged 22. - Confined One Month, one week Solitary .
Before Mr. Baron Gurney.
GEORGE TYLER . I live at Mr. Patterson's, in Chiswell-street. On the 1st of September I observed the prisoner in company with another, in conversation, at the corner of the doorway - supposing he was a bad character, I gave information - I observed them there for five minutes in conver
Prisoner. Q. How can you swear to me? A. By my knowledge of his features - I had not seen him before - I observed his face at the gateway - I looked through the shop-window as he crossed the corner - I had been at the door before that.
JAMES CROSS . I am a policeman. My attention was called to the men - I looked down the street, and saw them all three just turning out of the gateway - one with this bundle ran about four yards before the other two - I ran after them directly - one of the two behind, saw me pursuing and ran to the one with the bundle, and both ran off - finding I was gaining ground on them, he dropped it, and escaped - I picked it up, and it was five pieces of carpet - it was claimed by Mr. Patch - on the Sunday following I apprehended the prisoner in Chiswell-street, and told him I wanted him - he asked, "What for?" - I said I would tell him at the station-house, and there I told him it was for stealing five pieces of carpet - he said he knew nothing of it - I had not time to observe the three men before they ran away - I gave the carpet up to Mr. Patch.
CATHERINE BLISS . I am in the service of Mr. William Patch , who lives in Finsbury-street . On the 1st of September, these pieces of carpet were brought back by the policeman, and are the property of Mr. Patch - they were lost from inside the gateway, from some timber, and are worth 5s.
Prisoner. The witness said the property was taken at twelve o'clock, and the prosecutrix saw it there at two o'clock herself. Witness. I saw it there at two o'clock.
GUILTY . Aged 22. - Confined Three Months, Fourteen Days Hard Labour, Seven Days Solitary, Confinement, alternately .
Before Mr. Baron Gurney.
1537. SARAH NIXON was indicted for stealing, on the 6th of September , 2 gowns, value 1l. 5s.; 1 petticoat, value 6s.; 2 shifts, value 16d.; 1 shawl, value 1s.; and 1 pair of stockings, value 16d. ; the goods of Mary Mead .
MARY MEAD . I live at the back of Shoreditch church . The prisoner was servant in the house - on the 6th of September, I went out in the morning, and returned at halfpast eleven o'clock at night - I found my box turned round- I had left it in the room I sleep in - I found the screw taken out of the hasp, and a gown and shawl gone from it- another gown and petticoat, two shifts, and stockings - I had left them locked in the box that morning before I went out.
JOHN McCLEAN . The prosecutrix lodged in my house. On Saturday, the 6th, I saw the prisoner between five and six o'clock in the afternoon, go out backwards with bundle under her arm - I asked her when she came back what bundle she took out in the afternoon - she said it was her husband's shirts - I went out to a pawnbroker's, and found the prosecutrix's things there.
BARNARD ROURKE . I am a policeman. I received the prisoner in charge on Monday, the 8th of September, and asked her if she actually broke the box or not - I neither threatened or made her any promise - she said not - that she received the things from her mistress, a gown and shawl, and had pawned them - I went to the pawnbroker's she mentioned, and found the things - the pawnbroker gave them to me to-day.(Property produced and sworn to.)
Prisoner's Defence. I was in the habit of pawning things for Mrs. McClean for three weeks successively - I did not know but it was her own property when she gave it to me- I did not like to tell her husband, because he would been her - I was in the habit of pawning things for mistress, and said they were my husband's that her husband should not know - I took the policeman to the pawnbrokers - that is the only reason I had for saying they were my husband's - I did not wish her husband to ill use her - on the Sunday she gave me her ear-rings out of her ears to pawn, and I pawned them - I did not know but this was her property - as to the box, I never touched it - I lodged there, and slept there with my husband.
JOHN McCLEAN re-examined. I went with her to the pawnbrokers, and the things were produced - she came out of the room she slept in with the bundle - she slept in the same room with Mrs. Mead - I never knew of my wife employing the prisoner to pawn things to get gin - I have no reason to believe any such thing.
GUILTY . Aged 45. - Confined Six Months, Fourteen Days Hard Labour, Seven Days Solitary Confinement, alternately .
Before Mr. Justice Gaselee.
WILLIAM STEVENS . I am a baker , and live in Upper Seymour-street, Euston-square, St. Pancras . On the 7th of October, I went out about half past eleven o'clock - I left my watch on a nail in the parlour - I was sent for about twelve o'clock, and it was gone - I saw it at the station-house, in the policeman Wells's possession - this is the watch (looking at it) - I am certain it is mine.
CHARLES LEE . I live opposite Mr. Stevens. On the 7th of October, between twelve and a quarter past twelve o'clock, I saw the prisoner run from the step of the prosecutor's door - he turned up Bedford-street, which is no thoroughfare - he came back, and ran straight down Seymour-street - I ran to the street door, and saw Mrs. Stevens, and from what passed, I ran after the prisoner, crying, "Stop thief," and when I got up, he was in the custody of Wells - I saw a policeman pick up the watch.
Cross-examined. Q. Your shop is opposite Mr. Stevens's, I believe? A. Yes - master is a bookbinder - I was at work in the shop - I was looking through the window at
DAVID COOPER . I am a cheesemonger, and live in Clarendon-street. On the 7th of October, I was in Seymour-street, about ten minutes after twelve o'clock, and saw the prisoner running - he ran up to a man, who stood with a card board in his hand, and tried to shift something into his hand - I saw the policeman run and take him into custody - I then saw him come back about five yards - a trench had been opened to lay the gas into a shop - I saw him take the watch out of his breeches pocket, and throw it into the french - I told Wells of it.
Cross-examined. Q. How far were you from him? A. Close to him - he could see me close to him.
JAMES WELLS . I am a policeman. On the 7th of October, I was in Seymonr-street - I heard a cry of "Stop thief," turned round, and saw the prisoner running - I saw more running at a distance behind him - he being foremost I ran after him - he got up to a man with a placard board in his hand - I caught hold of him, and said, "What have you been doing?" - he said, "Nothing" - I took him about six yards back, and asked the people what he had done - they said he had stolen a watch, and supposing he had given it to the placard man, having seen him shove something toward him - I asked him what he had given him - he said, "Nothing" - Cooper said, "The watch lies in the trench," and I picked it up there; and at the station-house, I asked what business he had in Stevens's shop - he said he went to ask for a job.
GUILTY . Aged 28. - Transported for Seven Years .
First London Jury, before Mr. Recorder.
1539. CHARLES ADAM CORBYN was indicted for stealing, on the 20th of September , 1 ring, value 9l.; 1 guard chain, value 5l.; the goods of Charles Laing ; and 2 pair of ear-rings, value 50s.; 1 necklace, value 30s.; 2 neck chains, value 9l.; 1 locket, value 20s.; 3 seals, value 4l.; 2 brooches, value 9l.; 3 rings, value 1l.; 1 cross, value 4l.; 4 pair of sleeve buttons, value 10l.; 2 boxes, value 2l. 5s.; 2 ear-drops, value 20s.; and 1 breast pin, value 1l.; the goods of Eliza Laing , in the dwelling-house of Charles Garland , to which he pleaded
GUILTY . See page 758.
ISAAC DENNING. I live at Bishop Stortford, in Hertfordshire. Between seven and eight o'clock on the night of the 29th of September, I was crossing the Old Bailey , and after crossing the end of the Old Bailey, going towards the Belle Sauvage, I felt a pressure behind me, the impression on my mind was my pocket was being picked - I turned round, and saw the prisoner with my handkerchief in his hand - I immediately seized his hand with the handkerchief in it, collared him with my other hand, called the policeman, and gave him into custody.
GUILTY . Aged 21. - Confined Six Months, One Month Solitary .
GEORGE MORGAN . I am a constable of Portsoken Ward. On the evening of the 7th of October, about eight o'clock, I was in Aldgate , and saw the prisoner and another following two gentlemen - they came towards me - I saw the prisoner lift Mr. Josiah Walker's coat tail up, and take something out of his pocket - I immediately caught hold of him, and took this handkerchief from his hand.
JOSIAH WALKER . I am a woollen-draper , and live in Mitre-street, Aldgate. On the night in question, Morgan called my attention, and I missed a white cambric handkerchief, which he produced - it is my property - I had it quite safe just before the alarm was given.
Prisoner's Defence. I was walking along, and saw a young man run across the road - I saw the handkerchief lay on the ground - the gentleman came and took me - he took the handkerchief from the ground, and called the prosecutor back.
GUILTY . Aged 20. - Confined Six Months, One Month Solitary .
MR. DOANE conducted the Prosecution.
WILLIAM ABELL . I was at Mr. Johnson's sale-room, in Gracechurch-street , between ten and eleven o'clock in the morning, of the 24th of September, and observed the prisoner there, trying a coat on his back, which he had just taken off the nail - I could not pass him for ten minutes, as he was adjusting the coat - I expected he was going to ask me how it fitted him - I passed him, and observed him walk towards the door - he was going out when I alarmed the porters, who purued and brought him back with the coat on.
Cross-examined by MR. CLARKSON. Q. Is it uncommon to try a coat on at a sale-room? A. It is a common thing - the part where the coat hung was not darker than the part nearer the door - it was about the same light - there is a sky-light at the back, and he was near the skylight, adjusting the coat - he went out of the shop - I saw
COURT. Q. Was his own coat an old one? A. It was.
THOMAS COPE . I am porter to Mr. Johnson. My attention was attracted to the prisoner by Mr. Abell, and I went after him - I came up with the prisoner in White Hart-court, Lombard-street, and Gracechurch-street - I saw him cutting the ticket off the coat, which had my handwriting on it - I took him into custody, seeing the ticket in his hand cutting it off - I told him what I took him for - he said he was going to bring it back - I said that was very likely - I am an officer - I searched him, and found no money on him.
Cross-examined. Q. Have you ever given a different account of this? A. Never - I never said I took him with the coat at the door of my master's sale-room - I took him with it on his back in White Hart-court, fifty, sixty, or seventy yards from master's - it may be one hundred - I never stated that I saw him standing at the office door of the sale-room - I do not know Hewick, or any such name - I have had no conversation with any person on the subject - it is not uncommon to try clothes on - I told the Lord Mayor I saw him cutting off the ticket.
LEWIS FREBOUT . I am in the employ of Mr. Johnson. In consequence of the alarm I ran out, and went down White Hart-court - I saw the prisoner looking back to see if anybody was pursuing him - when he saw me be ran - I came up with him in Lombard-street, and there met Cope, who took him into custody, and brought him to Gracechurch-street - he said he was going to bring the coat back if we had let him alone - the coat may be worth two guineas.
Cross-examined. Q. Is the coat he now has on the one he had on in the sale-room? A. Yes; it was given to me in the sale-room, and I took it to him at the Mansion-house.
CHARLES JOHN JOHNSON . I am the son of Mr. William Johnson , who is an auctioneer - he is unwell, and his coming here would be attended with danger - I was not in town at the sale - the sale-room is my father's - he is answerable for the safe custody of the articles brought there to be sold.
Cross-examined. Q. Your sale is every Wednesday? A. Yes; every Wednesday and Thursday - we sell pawnbroker's pledges - this coat is a pawnbroker's pledge - I am not in partnership with my father.
Prisoner's Defence. I hope you will consider the situation I am placed in - I pledge my word I had no idea of committing a felony - as to the witness taking me in the court it is entirely false - I was taken at the door with the coat on, and was returning with it - I went for the sole purpose of looking at the texture of the cloth, being a tailor by trade - this man came and accused me of intending to steal it - I denied it, and in consequence of that he took me to the Mansion-house - it is not very likely I should have taken the coat and left the one I have on - the difference between the two is not sufficient to cause me to commit the act - when you have heard my witnesses you will believe it not possible I should so far have lent myself to commit such offences - I have a wife and family.
MR. JOHNSON re-examined. White Hart-court has two entrances to it - one in Lombard-street, and one in Gracechurch-street - the one in Lombard-street is about fifty, yards from our premises, the other is not more than twenty yards.
( Richard Daniel Blizard , Auctioneer, Oldham-place; John Sibley , carver and gilder, No. 45, Broad-street, Golden-square; Mrs. Burrows, wife of Joseph Burrows , tailor and draper, Hercules-buildings, Westminster-road; and John Laurence , solicitor, Roll's-buildings, Fetter-lane, gave the prisoner a good character.)
GUILTY. Aged 40. - Recommended to mercy .
Confined Fourteen Days .
WILLIAM BUTLER (City police-constable, No. 30.) On the night of the 10th of October I was in Newgate-street . I saw the prisoner attempt Mr. Simpson's pocket - he did not succeed then - he went on about twenty yards, and then took hold of the gentleman's pocket with his left hand, and took the handkerchief out with his right hand - he turned round and threw it down, as the gentleman collared him - I took it up.
GEORGE SIMPSON . I live in Bernard-street, Russell-square. I was passing up Newgate-street about six o'clock in the evening, and felt a tug at my pocket - I turned round and said, "You young rogue, what are you at?"- I saw the prisoner drop my handkerchief.(Property produced and sworn to.)
GUILTY *. Aged 18. - Confined Six Months, One Month Solitary .
JOSEPH SHARPE . I live in Great Carter-lane, Doctors'-commons , and deal in furniture and glass . On Saturday, the 11th of October, I was in Company with a neighbour opposite, between two and three o'clock in the afternoon, and while talking to him, I saw a man in my shop reaching over a writing table - I ran over, and the prisoner came down my steps with something under his apron - I asked what he wanted - he said, "Nothing" - he went under some gates, and there I took from him three bottles and a frame, worth 42s. altogether - they have my private mark on them - he had them under his apron, four or five yards from the shop.
WILLIAM KNIGHT . I live in Great Carter-lane. I was with Mr. Sharpe, and saw the prisoner come down the steps into the street, with some decanters under his apron - I told Sharpe, who went after him, and took them from under his apron - they were covered with the apron, but I could see them.
GUILTY . Aged 18. - Transported for Seven Years .
JOHN GRAY was indicted for stealing, on the 30th of September , 1 ounce weight of silver, value 5s.; the goods of William Eaton , his master .
WILLIAM EATON . I am a silversmith , and live in Jewin-crescent, and have a workshop in Lovell's-court, Paternoster-row - the prisoner was my porter - he was constantly entrusted with my property - I missed property several times he has been six or seven years in my employ.
JOHN WATSON . I am in the employ of Mr. Eaton. the evening of the 30th of September, I was watching the premises adjoining Mr. Eaton's, in Lovell's-court - I the prisoner take silver out of a drawer, put it in and put it in his pocket - he went further on, to a and took some filings, and put them with what he took me, and put it into his pocket - he remained on the premises about two hours, and then came out - I and another man were watching - I told the other man to follow him - I went to Mr. Eaton, in Jewin-crescent - the prisoner was brought there, and I saw the silver taken out of his pocket - Christmas was at work near the drawer he took the silver man.
Cross-examined by MR. DOANE. Q. Where were you? A. On the adjoining premises, in a work-shop - I saw through holes in the boards - there were cracks and holes on purpose - I did not remain looking through the came hole all the time.
JAMES CHRISTMAS . I am in Mr. Eaton's employ. I have looked at the silver found on the prisoner - I had been working on some of it - I know this silver by certain marks on it - it was in my drawer in the workshop - here is about one ounce, worth 5s. - I marked it before it was taken.
Cross-examined. Q. Are your marks on this? A. Yes- file-marks - they are cuttings - I did it with the edge of the file - there is nothing peculiar in it - I can swear it is the silver I marked - I would swear to it if I saw it at any distance off - other workmen might produce the same mark- it was marked on purpose to detect the thief - here is more than I lost - I only identify part of this - I said I marked some of it - my brother William was present.
JOHN CROUCHLEY . I am an officer of Farringdon Ward. On the 30th of September, from information, I went from Paternoster-row to Jewin-crescent, and in about an hour, the prisoner came to his master's place - I searched him, and found this silver in his coat pocket.
GUILTY . Aged 28. - Confined Nine Months, One Month Solitary .
JOHN DRUMMOND . I live at Croydon, and am an attorney . On the morning of the 9th of September, I was in Newgate-street - I received information, and looked towards the prisoner, who was running along Giltspur-street - I followed him, calling, "Stop thief - stop that man in black who is running I followed him across part of Smithfield, and after one or two ineffectual atttempts to stop him, I saw him secured by the patrol - I came up, and walked with him to the watch-house, and there Godfrey produced my handkerchief, which had been taken out of my pocket - he was charged with it, and replied that it had been thrown to him by some men - I asked why he ran away - he said he did not know what to do.
JOHN HUGHES . I am a printer, living in Prospect-terrace, Gray's-inn-road. On the morning of the 9th of September, I was in Newgate-street, and saw the prisoner take the handkerchief out of Mr. Drummond's pocket, and run up Giltsupur-street - the prosecutor followed him, and he was taken.
GEORGE GODFREY . I am inspector of the watch. I saw the prisoner, in Giltspur-street, running very fast - I pursued him to Smithfield, and saw him throw the handkerchief on the pavement - a man picked it up and gave it to me.(Property produced and sworn to.)
GUILTY . Aged 17. - Confined Six Months, One Month Solitary .
JOHN BRITTEN . I am a presser and packer - I live in Basinghall-street - the prisoner was in my service on the 15th of September, and had been so since last February. On the evening of the 15th of September, as he was leaving the premises, I stopped him, and sent for a constable - he was searched, and several yards of cloth found on him - some in his hat, and some wrapped round him, enveloped with a belt under his clothes - I have matched the pieces with cloth on my premises, and they correspond - I am certain they formed part of the cloth on my premises - the cloth found on him, when cut, was not so valuable - I state the value at 24s., but that is not the value when it is in little bits - each piece was off separate cloths, which is a greater injury than if taken from one.
GUILTY . Aged 26. - Confined Six Months, One Month Solitary .
GUILTY . See page 795.
2nd COUNT. Calling the goods 12 yards of silk.
WILLIAM NEWTON . I live in Wood-street, Cheapside , and am a warehouseman - I have one partner. On the 11th of October, the prisoner came to our warehouse to buy handkerchiefs for shipping - I showed him seven pieces, containing each a dozen handkerchiefs - I left them on the counter - he looked at them, and wished larger sizes - I
WILLIAM HAYMAN (City police-constable No. 85). I took charge of the handkerchiefs, and took the prisoner into custody - I found only 1d. on him - he appeared a foreigner.(Property produced and sworn to.)
(The prisoner put in a written defence, stating he was a foreigner, that he did not take the handkerchiefs with the intention of stealing them, but for the purpose of showing them to a countryman to ascertain his opinion of them.)
GUILTY . Aged 19. - Confined Six Months, One Month Solitary .
WILLIAM KISLINGBURY . I live in High Holborn. On the evening of the 15th September, I was on Holborn-hill - I felt something at my pocket, and missed my handkerchief - I turned round and saw the prisoner, and another, who appeared very much confused, and charged them with having it - the prisoner immediately ran away - I followed and collared him - he threw my handkerchief from his breast - I took it up and gave it to the officer.
JAMES SLATE . I am a constable of St. Andrew's, Holborn. I have a handkerchief which Mr. Kislingbury gave me - I received the prisoner into custody at the station-house.(Property produced and sworn to.)
Prisoner's Defence (written). As I was going up Holborn, I saw the handkerchief lying near the curb - I of course took it up, and put it in the breast pocket of my jacket - I walked on for several yards, when the prosecutor came up to me and said, "You have got my handkerchief," and said I robbed him of it - I denied robbing him of it, and pulled it out of my pocket, and there being such a mob round, they knocked it out of my hand as I was going to give it to the prosecutor.
GUILTY . Aged 18. - Confined Six Months, One Month Solitary .
1551. PETER FREDERICK ROSELT was indicted for stealing, on the 28th of September , at St. Andrew, Holborn, 3 sovereigns and 1 £5 Promissory-note, the monies of Henry Charles , in the dwelling-house of Charles Richmond Tinson .
HENRY CHARLES . I live in Stow, in Gloucestershire, and am a linen-draper . On the 28th of September my carpet-bag was in my bed-room, at Mr. Tinson's house - he keeps the Old Bell, Holborn - I had come up on the 26th of September, and went there on the Monday following - on returning to the inn about nine o'clock in the morning, I found my carpet-bag broken open, and a 5l. Cirencester note taken from a note-book, and between 4l. and 5l. in sovereigns and silver - there were three sovereigns - I do not know about the other cash, but in all there and 5l. in sovereigns and silver - there were three sovereigns - I do not know about the other cash, but in all there was nearly 10l. gone - the note was payable at Masterman's - the prisoner was stopping at the inn, and used an adjoining room.
Cross-examined by MR. PHILLIPS. Q. Had you any communication with the prisoner? A. None.
WILLIAM BUNYER . I am employed at the Old Bell. The prisoner came there on the evening of the 26th of September - he was a stranger at the house - he said he knew Mr. Glover, of Enfield, or I should not have taken him in - he continued there that evening and Saturday, and dined there, and ordered dinner there on Sunday for two people besides himself - he said he had a box - the waiter came to me and asked me to let the gentleman in 12 1/2 (which was the prisoner) have some keys that I had got, and the waiter brought them back to me, and said the gentleman could not open his box with them - the house is the dwelling-house of Charles Richmond Tinson - he is the only proprietor of the tavern part, where this occurred.
Cross-examined. Q. What do you mean by the "tavern part," does that consist of the room in which they dine? A. Yes, and the bed-rooms - the coach business belongs to Mr. Horne - he has nothing to do with the bed-rooms, to my knowledge - I never heard that he had - Mr. Tinson is not here - I manage the business entirely - he is my brother-in-law - it is in the parish of St. Andrew, Holbron, below the Bar - I believe the parish is called St. Andrew, not St. Andrew, Holborn-hill.
JOHN BUSAIN . I am an inspector of the G division of police. The parish is St. Andrew, Holborn - that is the designation of it - I produce a piece of paper, which was given to me by a constable, who took the prisoner and searched him in my presence and found it - he appeared anxious that it should not be looked at - he said it was private, and did not wish it to be read - I unfolded it, and having seen a specimen of his writing, I said, "Do you acknowledge this to be your writing?" - he said, "I do" - I said,"I shall read it, and if it is private I will not make it known"- I read it - he had not been in custody above four or five minutes (read).
"Dear Sir, Islington, Sept. 30, 1834.
"I am now in a great deal of trouble - I went into the country last Sunday week, and returned on Friday last - I went and slept at the Old Bell, Holborn, that night and Saturday - on Sunday morning the waiter brought in my bill to pay him, and I had no money, for I had intended to come to you for some cash on Monday, which is as to-day, but they would not let me out; but I made an excuse of having some money in a box up stairs, but I had lost my key - a gentleman lent me a key, and I went into another gentleman's room, and took from his carpet bag, so they say,£10; but I do not know what was the sum which I took out of his bag."
Cross-examined by MR. PHILLIPS. Q. He says in that, that they say he took it out, "so they say?" A. He says,"I do not know what was the sum I took out of the bag"- he said the letter was intended for his guardian, and mentioned his name, but did not give me his address.
JOHN STRAALMAN (police-constable G 180). I apprehended the prisoner at the Hugh Myddleton, by Sadlers Wells, on the 29th of September, and found on him a sovereign, 8 half-crowns, and 1s. 6d.; also a piece of paper which he
JAMES PORTER . I am a licensed victualler, and live in Red-lion-street, Holborn. I have a £5 note in my possession which I took of the prisoner - I had paid it away to Messrs. Reid and Co.; but they gave it me, and I gave them an undertaking to return it.
Cross-examined. Q. Had you put any mark on it when you took it? A. Yes; I did not know the prisoner before, but the party with him were friends of mine, and I asked them if it would be right before I changed it - I cannot be mistaken in his person - he was about an hour in the house, and dressed nearly as he is now - I know his features - I cannot say whether he had a white cravat on - I think he had the coat he has on now, and the waistcoat too, but I will not swear it - I think he was dressed as he is now - I have no doubt he is the man.
Cross-examined. Q. Can you be certain that you recollect the number? A. Now I see it I do - I should not remember the number without seeing it; but I had five running numbers, from 2041 to 2045 - on seeing it, I swear it is the one I lost - it was not shown to me before last night - I had the number in my mind - not of the individual note, but of the running numbers - the first number was 2041 - I have no name on this.
Prisoner's Defence. I came from Wiltshire, and went with my uncle to Scotland - I returned, and went as junior clerk to Mrs. Guthire, of Ivy-lane - I was taken ill, and went into the country, and returned to the Old Bell, to sleep there, three or four nights - when the gentleman suspected me, I told him I had once been in a scrape similar to this, and rather than be exposed in the papers, if it was agreeable to him - (he had said, "If you will pay 5l. I shall be satisfied") - I called for pen and ink, and asked him the sum he lost - I gave him an order on my guardian to pay the money on account of my uncle - he took the order, and was well pleased - before he got out of the room, the officer came in, and said, "No; you have given the prisoner into my charge, and I must take him" - I was rather doubtful whether the order would be paid, and I wrote that letter; but my mind was so agitated at being accused, I knew not what I wrote - the letter was then not half finished, and the man would not allow me to finish it.
MR. CHARLES re-examined. He did not give me an order - he wrote an order - he did not do it at my request, and did not tell me he was doing it - I did not see him write the order - I saw him write the letter, and, it appears, an order was written - I never got it, and do not know who did - I saw it produced at the watchhouse - it was taken from the prisoner.
Cross-examined. Q. Did you go to a gentleman named Holmes? A. Yes, with Mr. Bunyer - Mr. Bunyer took the order, I believe, but I did not see it - he brought something with him.
COURT. Q. Did you see it, or hear it read? A. Not to my recollection - I went in order to get the money - Mr. Bunyer had that letter with him at the time - I saw the order presented to Mr. Holmes - I was not aware then that I was obliged to prosecute the prisoner - I did not consider myself the prosecutor then - I intended to get the 5l. if I could; and, if I got it, I intended to give up the prosecution.
MR. PHILLIPS. Q. Did he not tell you he had been in a scrape before, and, sooner than get his name into the newspaper, he would write that order? A. I do not recollect it; I have not the slightest recollection of any thing of the kind - I cannot say whether he did or not.
Prisoner. I put the order into his hand, and he read it; and he said, "I do not want to prosecute you, if you will pay me part of the money now, and the rest afterwards"
HENRY CHARLES re-examined. I never had the order in my hand - I neither read it nor heard it read - I heard some conversation between Bunyer and Holmes about it, but I did not understand what it was about.
GUILTY of Larceny only . Aged 19. - Transported for Seven Years .
NEW COURT. - Friday, October 17th.
Fifth Middlesex Jury, before Mr. Common Serjeant.
1552. WILLIAM CARTER was indicted for stealing, on the 15th of September , 5 shifts, value 1l.; 4 nightshirts, value 10s.; 15 pairs of stockings, value 30s.; 35 handkerchiefs, value 2l.; 1 counterpane, value 15s.; 1 pair of sheets, value 1l.; 12 towels, value 7s.; 4 table-cloths, value 25s.; 1 pocket, value 6d.; 2 pairs of pantaloons, value 1l.; 3 night-caps, value 1s.; and 1 sovereign ; the goods and monies of Maria Ann Hadgate ; to which indictment he pleaded
GUILTY . Aged 26. - Transported for Seven Years .
MARY GRAY . I am the wife of John Gray , a bricklayer . Maria Cook lodged at my house - on the 12th of September I left home, at half-past one o'clock - I left this carpet hanging in the yard - when I came home, about nine o'clock, it was gone.
JOHN BEDFORD . I am a police-inspector. I saw the three prisoners in Paradise-row, Hackney, coming towards me - I saw Halloway give a bundle to Brown - I stopped Starr and Brown, and gave them to another person - I pursued Halloway, who had ran off, and took her - I found this carpet on Brown.
(Mr. Mills, a publican, gave Starr a good character, and promised to take her into his service.)
BROWN - GUILTY . Aged 13.
STARR - GUILTY . Aged 16.
Confined Two Days .
HALLOWAY - NOT GUILTY .
MARY SIMS and LOUISA BROWN were indicted for stealing, on the 4th of September , 31 sovereigns; 3 sixpences; and one purse, value 2d.; the goods and monies of Thomas Timothy Beningfield , from his person .
THOMAS TIMOTHY BENINGFIELD . I live at Hutton, in Essex. I was in Spitalfields on the night of the 4th of September - Sims came up to me in Brick-lane - she took me by the arm, and asked if I would give her something to drink - she got near me, and, within two minutes, I felt a bustling about my person - I felt her hand in my pocket, and saw it go from me with my purse, which she handed round to Brown - there were thirty-one sovereigns, and two or three sixpences in it - I seized Sims, and said she had robbed me - she professed her readiness to be searched, but I knew she had given it to Brown - I told the officer to follow her, which he did, and took it from her.
Cross-examined by MR. CLARKSON. Q. Where had you been? A. I had been collecting rents - this was a little after two o'clock in the morning - I suppose the last money I received might be at nine or ten o'clock - I then stayed with a friend - I was sober - I had not been at Bartholomew fair, nor above one hundred yards from where I was robbed, which was in Brick-lane - I had come from Booth-street, where my property is - I knew as well what I was about, as I do now, or I should not have got my money again - when Sims took hold of my arm, she drew me down Hanover-court, and said she had something to say - she did not draw me far down - we were not there two minutes - I told her I had nothing to say to her - I was going to my lodgings, at Aldgate - I turned up the court by compulsion, not voluntarily - Sims took hold of my arm, and, almost by compulsion, pulled me down the court - I felt her hand rustling about my person, and saw my purse go, and she gave it to the other woman - she took me by the arm, and said she wanted to speak to me; I had scarcely come to my senses when it was gone - I did not know who the prisoners were - I had no thought of being robbed - I had drank a small glass of spirits and water, at a public-house, with a tenant - there was a little brandy and water, and some ale - there might be some gin and water - I do not know what public-house it was - it was opposite one of my own houses, where I had been to collect rents - I believe it is the White Hart - I went in there about nine o'clock - I went into the parlour, and we sat there talking about business, and one thing or another, and stopped till two o'clock - there might have been several glasses - it was a respectable party - we proposed playing at whist - there was very little drank - I was perfectly sober - I do not know exactly what money I had, nor what I lost - I suspect some dropped down - my trowsers were large, and she put her hand into my pocket, and took out my purse.
Q. When you got to the station-house, did you say you had got your money; that you might have dropped it, as your pockets were large, and you wanted the girls to be let go? A. I might say to the policeman, in going along, that I did not wish to prosecute - he told me I could not get my money without - I did not say, "then I must prosecute" - on the second examination the prisoner said I was under the influence of liquor - the magistrate asked me, and I said I was perfectly sober.
THOMAS COOPER (police-constable H 82). I was passing the end of Hanover-court - I saw the two prisoners - Brown ran out, and in a minute the prosecutor said, "Stop that girl!" meaning Sims - he then said, "There was another run out" - I said, "Yes, I saw her" - I pursued Brown, and took her as she was stooping down to an area railing, and trying to put this purse down - I took it from her.
Cross-examined. Q. Did you see the prosecutor before this took place? A. No. He appeared quite sensible - if I were going from Brick-lane to Aldgate, I should not go down that court - I should go past the end of it - I was stationed in Brick-lane - I might not have heard the prosecutor if he had called out - I was five or six hundred yards off - I had not seen him, but I had seen the prisoners just before - they knew I was in the neighbourhood - the prosecutor said, in going to the station, that he did not wish to prosecute.
ABRAHAM SCOTT . I am a police-serjeant - I was on duty - I saw the prosecutor go past - Sims came up to him - he did not appear to want to say any thing to her - I saw them go on towards the court - Cooper then came up, and I sent him after them - I saw Brown run from the court.
Cross-examined. Q. How far was Sims and the prosecutor from Hanover-court when you first saw them? A. Fifty or sixty yards - she had not hold of his arm then - she was walking by his side and talking to him - I did not see them turn into the court - they went close past me - I watched them about forty yards, and then Brown went after them - if the prosecutor had called for assistance, I should have heard him.
SIMS - GUILTY . Aged 20.
BROWN - GUILTY . Aged 34.
Confined One Year .
1555. JAMES MONAGAN was indicted for stealing, on the 10th of October , 1 purse, value 2s.; 1 sovereign; 2 half-sovereigns; 2 half-crowns; 3 shillings; and one sixpence; the goods and monies of Geoffrey Nightingale , from his person .
JOSEPH TURNER . I live in Colville-court, St. Pancras. On the 12th of October I was in Oxford-street - I saw the prosecutor going along, and the prisoner and another lad - I saw the prisoner put his hand into the prosecutor's pocket, and he drew the purse out of his right hand coat pocket - the prisoner ran on the opposite side, towards me - as soon as he came to me, I laid hold of him - we had a bit of a scuffle - he threw the purse down - Evans picked it up, and we called the prosecutor.
Prisoner's Defence. I am a poor orphan - I leave myself to your mercy.
GUILTY . Aged 17. - Confined Nine Months .
JOHN LAWS was indicted for stealing, on the 12th of September , 34lb. weight of silk, value 34l., the goods of Louis Josephe Labussiere and another, his masters .
MR. ADOLPHUS conducted the Prosecution.
LOUIS JOSEPHE LABUSSIERE . I am a silk dyer . I have one partner, and had when we detected this robbery, but I do not know when this silk was stolen - I took my partner about three months ago - we have no deeds drawn yet - on the 15th of September, Mr. Lane gave me some information - the prisoner was my journeyman - I saw some silk - this is it - it corresponds with my mark - I do not know whether any other dyer has the same mark, but this is my mark - I never gave this silk to the prisoner to dispose of - I never gave him any silk to sell in any way - this silk is worth 20s. per pound - (producing some) this is raw - and this is dyed.
Cross-examined by MR. CLARKSON. Q. Which of your customers have lost any silk? A. They did not complain of any loss - they said I returned the silk very damp, and asked if they had all their silk - there is a boy and girl who do nothing but tie up silk - other persons do it sometimes - I had not missed any silk, that I know of, but my customers complained - this silk would be kept in the skeining room, if it were in my care - I went to France about two months ago - when I returned, I went all over my place - I did not miss this silk - I do not deal in silk, but when I have it left on my hands, I do the best I can with it - that is damaged silk - I have sold Dumar damaged silk very like this - I never authorized any person to sell silk for me - I think the prisoner has been six years in my employ - when manufacturers send me silk to dye, they send the weight, and it is weighed when it goes home - the prisoner chiefly attended to the weight with the street man - he did not tell me, when I returned from the continent, of this silk being detained at Mr. Lane's, till he was called into the parlour - he then turned, and said, "You know I took it, as I have done before" - I had a partner before I went into the country - his name is Davis.
MR. ADOLPHUS. Q. Could you give this silk to any body to sell? A. No; I could not - when I returned I had perhaps 3000lbs. of silk in my house - Mr. Machu was a customer of mine - this silk was supposed to belong to him.
BARZILLIA LANE . I am a silkman, and live in Church-street, Bethnal-green. On the 11th of September, a woman called on me in the afternoon - she brought two small samples of silk, and the next morning she brought 34lbs. or 35lbs. - I had some conversation with her - I afterwards saw the prisoner - I told him what had passed between me and the woman - when I first saw her she said she had some silk to sell, would I buy it - I said I could give no answer till I sw the bulk - she stated she could not bring it that afternoon, as she lived a considerable distance off - I asked her where, and she said in the Commercial-road - she then went away - on the following morning, she drove up to my door in a cab, and brought about 34lbs. of silk - this is part of it - she stated the silk had belonged to her father and mother, and had been in her possession two years - I asked her her name, and she said it was Jones, and she lived at No. 3, Lower Chapman-street, Commercial-road - I detained the silk, and told her to come with her husband, which she did in the afternoon - the prisoner was introduced as her husband - I asked him his name, he said, "Jones," and that he lived in Lower Chapman-street, Commercial-road - he said he was a cabinet-maker - I stated I had detained the silk, and should do so till he could give me a satisfactory account of how he became possessed of it - he stated the same as his wife had, that it had been the property of her father and mother, and their name was Jones - I asked him how it was that the name of Jones was attached to all the family - he said, after a moment's hesitation, "That is all right, we were first cousins, and we married" - I noticed that he had a pair of black gloves on - he pleaded great ignorance about silk, and said he knew nothing about it - I afterwards saw him at Mr. Labussiere's - he was summoned into the room for me to identify him - I said, "This is the man who came to me about the silk" - he said, "I will tell you all about it," and turning to Mr. Labussiere, he said,"You know I had the silk from you to part with, the Friday before you went to France - you called me and gave me that bag of silk - told me to put it to rights and dispose of it, as I had done former parcels" - he was then taken into custody.
GEORGE GREGORY (police-constable N 28). I took the prisoner into custody about nine o'clock in the morning, at the prosecutor's house - I do not know the day - he said he ought to give Mr. Labussiere in charge, instead of Mr. Labussiere giving him, as he said he knew that he gave him the silk to dispose of before he went to France.
MR. CLARKSON to MR. LABUSSIERE. Q. Are there any marks on this silk which enable you to say it is yours? A. Yes; I think it had belonged to Mr. Machu - he had complained that his silk had gone home damp - I cannot say that this silk had not been in my possession before I had a partner - I have had many hundred weight of silk from Mr. Machu since I had a partner - I cannot say whether I had this silk before or since.
MR. ADLOPHUS. Q. Had you any silk at all in your possession belonging to Mr. Machu when you took your partner? A. I believe not at that time.
JOHN DAVIS . I am partner with Mr. Labussiere. I went into partnership with him about four months ago - I think the beginning of June - there is silk comes from Mr. Machu's, generally speaking, every day - this is the dye-house book - I see by an entry of my own that Mr. Machu's silk was all cleared off on the 18th of August, and on that day we received from him 106-3 of Bengal sewings, which corresponds with the number of this silk, and 54-5 came in at the same time - on the 24th of August, we received 24-6, and more afterwards.
Cross-examined. Q. As you were not a partner before June, you cannot tell what he received before that time? A. I cannot - he had received a great quantity according to the book - the mark I spoke is No. 15 - it is the mark of the cotton to distinguish different manufacturers' silk - it is only the quality of the silk - here are two knots with a coarse cotton, No 15, which corresponds with the mark on the 106-3.
COURT. Q. Do you, to the best of your knowledge, believe that this is part of the 106-3? A. I do.
MR. CLARKSON. Q. Have you any means of believing that except from the number? A. No; it answers to the
JOHN BRAMMER . I am a street-man and porter to the prosecutor. I go to collect silk - this silk has the mark No. 12 on it - it is made by the girls and boys - I tell them what to make, and here is some marked No. 15 - I remember a lot of silk coming on the 18th of August from Mr. Machu, it was marked No. 15 and No. 12, and this corresponds with it.
Cross-examined. Q. Had there not been many No. 15 and No. 12 sent from Mr. Machu before Mr. Davis came into partnership? A. Yes - I have never been employed to take any damaged silk to sell to Mr. Dumas - I cannot tell whether any of this silk had been in the house before Mr. Davis came.
MR. LANE. The prisoner was taken in Huntingdon-street, Kingsland-road.
GUILTY. Aged 36. - Recommended to Mercy . - Transported for Seven Years .
MR. ADOLPHUS declined the Prosecution.
NOT GUILTY .
1558. JOHN LUCAS was indicted for stealing, on the 11th of August , 35 yards of hair cloth, value 4l. 10s., the goods of George Kent , his master - also, on the 29th of August , 16 yards of hair cloth, value 30s.; 11 leather skins, value 16s.; and 5 brushes, value 8s.; the goods of George Kent, his master ; to which he pleaded
GUILTY . Aged 30. - Confined One Year .
MARTHA HANTON . I live with my mother - the prisoner Hanton is my brother - Shuffrey is an acquaintance of his - in the beginning of September I discovered that my box had been broken open - I missed a cloak, a frock, and a shawl - I went the next day to Tabernacle-walk - I saw the two prisoners, and Shuffrey asked me if I would be satisfied if I had my property returned, and he said he had got 8s. 6d. towards getting them out - I said that would not do for me - he said, "Then you must put me into custody" - I got an officer, and gave him in charge - I knew he had taken my property, because a young man, who lodges with my mother, had lost some property - I afterwards found this cloak and shawl at a pawnbroker's - they are mine.
Shuffrey. While we were in the Barking Dogs, Mr. Whiting asked you if you would compromise the matter. Witness. You asked me as well.
Shuffrey's Defence. I went with Hanton to the fair - I could not get employ as a musician, and I returned home- he then asked me to pawn these things, which I did, in the name of Smith - the prosecutrix's mother stated at Worship-street that I was in conversation with her till I left the house, and she saw her son give me a bundle through the passage.
HANTON - NOT GUILTY .
SHUFFREY - GUILTY . Aged 17.
EDMUND BRIEN . I lodge at Mrs. Hanton's - I lost a pair of trowsers and a waistcoat on the 4th of September - I saw the trowsers at a beer-shop, where Shuffrey was wearing them - the waistcoat was at the pawnbroker's - I know nothing against Hanton.
Shuffrey. Hanton gave me the trowsers to wear - the waistcoat was at my mother's, and Brien said I might pawn it. Witness. No, I did not.
HANTON - NOT GUILTY .
SHUFFREY - GUILTY . Aged 17.
Transported for Seven Years .
CHARLES WITNEY . I live at Kingsland. On the 25th of September I saw the prisoner - I asked him if he would stand any gin - he took me to the Acorn, and treated me with a glass - I then asked if he would have any - he said he did not care - I paid 2d. more, and we had a quartern - he afterwards got a cab to take me home in - I was rather in liquor - he put his hand into my right hand breeches pocket and took out 10s. - I saw and felt his hand take it - I can swear that I had 14s. in my pocket - I gave charge of him when I got home - he took bitter oaths that he had only 10d. about him, but the officer found 7s. in his shoe, and 1s. 10d. in his pocket.
Cross-examined by MR. PHILLIPS. A. It happened to be your birth-day, did it not? A. No, I do not recollect saying it was my birth-day, but I had a little money, and said I would get drunk - I was in the Blue Anchor - I had part of a quartern of gin, and of a pot of half-and-half, then a quartern of rum, and then sixpenny worth of gin - I said, "I have never been drunk in my life, I will get drunk to-day as it is my birth-day" - I recollect it now - I then went to the Acorn again - I began to play at skittles - I lost two pots of beer - the prisoner played one game with me - he drank some - I then played for two pints more, and lost them - it was then half-past eleven or twelve o'clock - we then went to the Anchor, and had beef-steaks for dinner, and a pot of porter and some wine - I offered to bet sixpence that the prisoner did not get a floorer with the skittles - I did not pitch my money into his boots - I
NOT GUILTY .
JOHN ANDERSON . I am a baker , and live in St. John's-lane. The prisoner was my journeyman for twelve months - he delivered my bread, and it was his duty to receive money for me, and pay it at night when his bread was booked - I had a demand on Mrs. Anderson for 2l. 12s. 10d. at the latter end of June - this is my book, in which the prisoner booked his bread, and I copied it off at night - he paid me 1l. 12s. 10d. on the 25th of June - the other 1l. has not been paid.
Cross-examined by MR. HEATON. Q. How long had he been in your service? A. Nearly twelve months - Mrs. Anderson paid when she thought proper - I made the bill out on the Saturday before the 25th of June, and delivered it to the prisoner - I did not know that she had paid the whole amount up to the 10th of August, when the prisoner left me - it was put into her other bills - she is no relation of mine - here is "Mrs. Anderson 1l. 12s. 10d.," on the 25th of June entered - this is his acknowledgment of it - I did not carry this 1l. to her next week's bill, because the prisoner said she wanted a separate bill - I sent a note to her for it, and the prisoner brought a verbal answer - I swear I have not been paid - I know David Bensey - they endeavoured to compromise the matter - I said I did not wish to press the charge, I would not do him any injury, and if he were discharged, I would take him back and give him another trial - they said if I applied to the Court for my expenses it might do the prisoner a great deal of damage - I said I could not afford to lose time - they said,"We will pay you" - one of them took a sovereign and shoved it into my hand - I did not receive it for the sovereign I had lost - I did not ask for my expenses besides that sovereign - I discovered this loss on the day the prisoner left me - he was taken fourteen days afterwards - he was found in a public-house - the officer was after him several days - I complained to the officer, I think, the day after he left me - I went round to the customers, and found this out before he left me - he was saucy to me, and I was angry with him - I believe I said it was in consequence of his sauciness that I prosecuted him.
Cross-examined. Q. Are you quite sure you paid the whole? A. I am.
Cross-examined. Q. Your husband and you have talked about this matter, and both agreed as to what he said respecting Mrs. Anderson not paying this 1l.? A. People in business are obliged to talk - what. I have stated is correct - he brought me the book with the memorandum of 1l. 12s. 10d. in it - I received the money first, and he brought the book up to me in about five minutes - the book has not been altered since the officer has had it.
GUILTY. Aged 54. - Recommended to Mercy . - Confined Ten Days . The Prosecutor engaged to take him again into his employ.
THOMAS KINSBY . I am warehouseman to Mr. James William Trimmins and others - they are brass-founder s, and live in Long-acre. On the 25th of June I took a £5 note to the St. Luke's Head for change - the landlord could not give it me - the prisoner, who was pot-boy there, came out, and said he could get the change - he took the note and went away - it was the property of my master - I did not see the prisoner again till September - I found he had received five sovereigns.(The prisoner put in a written defence, stating that the sovereigns had been lost out of his pocket, which had a hole in it.)
- DIXON. I am the prisoner's mother. He came to me that Saturday evening - he said he had been to get change for a £5 note and lost the money - I flew into a passion, and hit him over the face - I said to the people who lived in the house, "What shall I do not?" - it passed on till some words happened in the house, and the woman gave notice to the police.
COURT. Q. Why did not you advise him to go to his master and tell him? A. I ought to have done it.
NOT GUILTY .
JOHN EVANS . I was going along Shoreditch , on Sunday, the 7th of September - I received information - I turned round and laid hold of the prisoner - I found in his trowsers pocket my handkerchief - I had seen it in my possession perhaps ten minutes before - this is it - it was about the middle of the day.
GUILTY. Aged 11. - Recommended to Mercy . - Confined Seven Days , and Whipped .
MARY HILLIARD . I am the wife of William Henry Hilliard - he lives in William-street, Shoreditch, and is a sawyer . I went to the Bell public-house, on the 27th of September, about a quarter before twelve o'clock, to get a pint of beer at the bar - I saw the prisoner with three or four others there - I had my child in my arms, who had this handkerchief on its neck - I felt the child pulled, and the handkerchief was taken off its neck - I turned round - the prisoner was laughing at me, and he said he had not got
Prisoner's Defence. This woman was quite tipsy - she said she had lost her handkerchief a quarter of an hour before I came, and when I got a hundred yards off, the policeman stopped me, and asked me about it - I said I knew nothing of it - he picked it up.
GUILTY . Aged 21. - Confined Six Months .
JAMES HOLBECK . I am the son of Louis Holbeck . The prisoner was my father's errand-boy - I sent him out on the 19th of September, and he did not return - we missed various pieces of lace to the value of 12l. or 14l. - this is part of it.
THOMAS FARRANT . I am in the employ of Norah Smart , a refiner. On the 19th of September, the prisoner came and brought this flag, which he wished to be burnt - I said the fire was out, and asked what he would take for it- he said, a sovereign - Mr. Smart came in, and asked where he got it - he said he had been on board a ship, and had bought it at Bombay - I asked him how many rupees he gave for it - he said he did not know, as he bought some other things with it - he gave his address, "No. 5, Little Queen-street" - I went there the next day, but he did not live there - on the Friday following, when I came home, Mr. Smart said he had been again, and he had given him into custody.
Prisoner's Defence. When I took the flag to Mr. Smart's, the refiner, in Princes-street, he said the fire was out, but he would give me a sovereign for it.
GUILTY . Aged 16. - Confined Three Months , and Twice Whipped .
1567. ANN GRAY and MARTHA TOWNSEND were indicted for stealing, on the 2nd of September , 1 purse, value 1d.; 5 sovereigns, and 1 half-sovereign; the goods and monies of William Hall , from his person .
WILLIAM HALL . I live at Wells, in Somersetshire, and am a drover . On the 2nd of September, I was in Whitechapel - I met Ann Gray - I had some nuts in my hand - she asked me to give her one, which I did - she then asked for another - I gave her that - she then asked me to give her some beer, which I refused - she then asked if I would go with her - I asked where she lived - she said, "Not two minutes' walk" - I went to a house with her, and went upstairs - I sat down on the side of the bed along with her, and she picked my pocket of 5 1/2 sovereigns, in a purse - I tried to stop her, but she ran down stairs, and Townsend stood at the bottom of the stairs, and threatened to beat my b-y brains out - I got out and got an officer - we found the prisoner in about twenty minutes - my master's name is Wilcox - I had sold a bull of his on the road.
Cross-examined by MR. PHILLIPPS. Q. What time of the day was this? A. Between three and four o'clock- I had had my dinner, but nothing after it - I was quite sober - I had never seen Gray before - I went about two hundred yards to where she lived - I was sitting on the bed about a minute - the door was not shut - I said nothing at all to her while I sat on the bed, nor she to me - this money was in my watch-pocket - it was my master's - upon my oath, I did not spend it - my waistcoat was not buttoned, when I was on the bed - my fob is about six inches deep - I had a watch and chain in my fob under it - she got her hand into my fob, and took my money, and I could not prevent her - she pulled me about, and felt where the money was - she put her hand against me - there was no purse found on her - I described her as having thin shoes and a black gown on - she has the gown on now - I gave her the nuts very near the lane - her house was 200 yards up the lane - no one let us into the house - I was not asked for any money to pay for the room - I saw Gray searched - she denied all knowledge of me - there were two or three other women in the house - when I got into the room, I put my hand into my fob, and pushed the purse further down - she took me there to pick my pocket - I thought so then, when I was going up-stairs.
Q. Then why did you not go down again, in place of going into the room? A. Because she took hold of me, and led me in - she had not hold of me in the street - I did not think in the street that she was going to pick my pocket - I am twenty-five years old - I am in the habit of coming to town to sell cattle, and am intrusted with money to buy and sell - I had left a lot of cattle at Windsor - I was going to Romford to fetch a lot of cattle - I got off the coach in Piccadilly, and only walked through London.
COURT. Q. Do you mean to say that you think now, that she took you there to rob you? A. Yes - and I thought so then, when she took hold of my coat - she took the money out of my pocket, and was gone in an instant - she felt my pocket, and put her hand in.
JAMES SMYTH (police-constable H 122). The prosecutor came to me - I went with him to several places, but could not find the prisoner - we then went to Heneage-street, and I saw Ann Garner, the prisoner who goes by the name of Ann Gray , at a house - the prosecutor said that she was the girl who stole his purse - she denied any knowledge of him - I then took the other prisoner - I found nothing on them but a small penknife.
Q. Did the prosecutor take you to the house where he said he had been robbed? A. Yes - the prisoners did not live there - I knew they frequented that house - I asked the prosecutor if he saw Townsend - he said, "Yes - she stood at the bottom of the stairs, and threatened to do me some bodily harm."
Cross-examined. Q. Was the phrase he made use of, that she threatened to do him some bodily harm? A. I cannot exactly say he used those words - he used several phrases tantamount to that - I thought it was a more soft way of expressing it, than to say she would knock his b-y brains out - he made use of several other words.
NOT GUILTY .
Third London Jury, before Mr. Sergeant Arabin.John Waithman , his master , to which he pleaded
GUILTY . Aged 25. - Transported for Seven Years .
JAMES EVANS . I live with Mr. William Fair, a shoemaker , in Fleet-street . On the 27th of September, I was in the shop - I saw the prisoner come in and take these boots off the hooks, and run off - I pursued and took him with them - it was half-past eleven o'clock at night.
GUILTY . Aged 19. - Confined Three Months .
JOHN GOLDHAM . I was in Idol-lane , on the 14th of October, about half-past two o'clock. I saw the prosecutor walking along, and the prisoner, who was alone, was following him a short distance - he then laid hold of the bottom of his pocket, lifted it up, and took the handkerchief from it - he looked round, and found that I had seen him - he threw the handkerchief at me, and ran away - the prosecutor came back and took the handkerchief - I ran after the prisoner and took him.
EDWARD WILKINSON . Goldham asked me if I had lost any thing - I then missed my handkerchief - I saw it on the ground - I took it up - I saw the prisoner running, and Goldham after him.(Property produced and sworn to.)
Prisoner's Defence. I was walking up the lane - another lad threw the handkerchief down, and they took me.
GUILTY . Aged 15. - Confined Three Months .
WILLIAM HOWELL . I am an officer. I was going along Cheapside to Sir Charles Price 's, between four and five o'clock in the afternoon, on the 18th of September - I saw the two prisoners following a gentleman - Yeomans took the handkerchief out of his pocket, and gave it to Halford - I seized Halford with it, and Yeomans ran off - I told some persons to follow him, which they did, and took him - I went to the Compter with Halford, where the gentleman gave his name as Robert Jenkins , of Oakingham, but he has never appeared since - this is the handkerchief - I had seen Yeomans before.
Halford. Q. When you took it, was I standing or stooping? A. In a standing posture.
Yeomans's Defence. I heard a cry of "Stop thief," and ran, and was taken, but I was not near this prisoner - it was a quarter of an hour before I was taken to the Compter.
Halford's Defence. I was returning from seeing my mother, and saw this handkerchief on the ground - I was stooping to take it up, and the officer took me - I do not know whether I had it in my hand, or no - I never saw this prisoner in my life before.
YEOMANS - GUILTY . Aged 19.
HALFORD - GUILTY . Aged 20.
Transported for Seven Years .
CHARLES EVERINGHAM. I am a picture dealer . I keep the house, No. 3, Bride-lane , and live there - Henry Worseldine lodged there with his father, and Frederick came to work for his father as a carpenter - I missed these pictures from the first-floor front room - I got the officer, and we asked Frederick about them - I said I had lost some pictures - he denied knowing any thing about them - I gave both the prisoners in charge - I did not speak to Henry about them - I found these pictures at the pawnbroker's - they are worth 6l. - while I was sitting in the parlour, I heard the rattling of the padlock on the first-floor front room - I went up, and found it was fast.
HENRY ROBERT HALL . Frederick Worseldine asked me to pawn these pictures, and I took them to Mr. Russell - Henry Worseldine was with him - it was at the top of the court, by Mr. Russell's private door - they were behind a board, wrapped up in a white apron - Henry Worseldine came to my mother, and asked her to let my brother Benjamin go on errand - she said, "No" - he then asked if I might go - Henry gave them to me, but both desired me to pawn them - I think the pawnbroker gave me 12s. for them - I do not think the prisoners gave me any thing for pawning them.
Cross-examined by MR. PHILLIPS. Q. I suppose you never pawned any thing before? A. No - I am going on for ten years old - I clean knives and forks - my brother has pawned things before - I had been in a pawnbroker's shop before with my mother, but I never pawned any thing myself - I did not count the money - I mentioned a sum to the pawnbroker - I forget what - he asked me whose they were, and I said,"My father's patterns," as the prisoners had told me - I kept the money in my hand - the pawnbroker knew where I lived, as he comes down the court after Jack Ritchie - he knew my father.
RICHARD JENNINGS FORD re-examined. Q. Did you take them in of this child? A. Yes - I knew his father and mother - his father is a wire-blind painter - I lent 5s. on them - I did not give 12s. - I think he asked me 10s. - I told him to go and ask his father if 5s. would do.
JURY. Q. Was the lock broken? A. No - the person who was taken up with the prisoner had made a false key, they went in and out, and the pictures flew out of the room.
NOT GUILTY .
CHARLES EVERINGHAM . These two paintings were taken from my first-floor front room, the same way as the others - on the 22nd of August, Henry was running up and down stairs - we heard him trying the lock of the door, and Frederick was there at work - there were other lodgers in the house - I missed the paintings altogether, and found them at Mr. Russel's.
HENRY ROBERT HALL . I took these two paintings to pawn at Mr. Russel's for 12s. - I gave the silver to Frederick Worseldine, and Henry took the halfpence - they were both together, and both told me to pawn the pictures - each of the prisoners gave me a halfpenny, and a young girl who was with them, when I came out, gave me a penny.
NOT GUILTY .
CHARLES EVERINGHAM . I am a picture-dealer , and live at No. 3, Bride-lane, in the parish of St. Bride, Fleet-street - it is my dwelling-house - I have been there fifteen months - the prisoner's father lodged in my house, and he used to work for his father - I had this painting of Belshazzar's feast in my room - I missed it on the 3rd of September, and it was traced to the pawnbroker's - the prisoner was taken into custody on account of this picture.
RICHARD JENNINGS FORD . I am shopman to Mr. Russel, a pawnbroker. This picture was brought by the prisoner to pawn - he asked 8l. for it - he said it belonged to John Baxter - I suspected it was stolen, and told him to go and fetch John Baxter - he went and brought a person who I knew was not John Baxter - I refused to give it up, and they said they would summon me - the officer afterwards came for it.
GUILTY . Aged 20. - Transported for Life .
There was another indictment against the prisoner.
ROBERT ADAMS . I am in the employ of Mr. Robert Barclay Petrie and Mr. Fry, indigo-broker s, Rich's-court, Lime-street . On the 27th of September, we were sending sixteen chests of indigo to Messrs. Robins, Mills, and Co., London-wall - there was one of 280lbs. - I saw it safe with the others when I was leaving the warehouse yard - it was put on the platform - I did not see it taken.
GEORGE GREGORY . I am in the employ of the East India Company. I saw the chests of indigo - the prisoner Lane came and took this one chest, and put it into a caravan - I asked if it was his - he said, "Yes;" and took it away.
Cross-examined by MR. CLARKSON. Q. Do you know Cook? A. Yes; he is a carman - it is the custom with carmen to send their carts with their servants to the neighbourhood of the East India warehouses to be hired - I do not know whether the prisoner was in Cook's service - he brought Elizabeth Cleaver 's van - it was about twenty minutes after three o'clock when he took it - no one came with him - I am gate-keeper of the yard, but we have nothing to do with the goods after they are on the platform, that is inside the gates - I did not ask the prisoner who employed him - I knew the van he brought; it often comes for chests of indigo.
JOHN JAMES JONES . I am a carman. I was employed, on the 27th of September, to carry sixteen chests of indigo from Cutler-street warehouse to London-wall - my man informed me there was one chest missing.
Cross-examined. Q. Had you known him before? A. No; I found him from the information of the gate-keeper.
Cross-examined. Q. How long have you followed the business of a carman? A. Five or six years - I have known the prisoner about two months - I know Mrs. Cleaver; she is the widow of a person who was one of the fellowship of carmen - I carry on my business in her name - my caravan
COURT. Q. Did he tell you where it was taken? A. He said from Cutler-street to Whitechapel; but he did not say who had employed him - I should not have known my van had gone for indigo unless he had told me - I heard from my own man that the van had been used while he was away for five minutes; but he did not know by whom.
JURY. Q. Were you not surprised that your van was gone? A. Yes; but when we got to the corner we heard who had taken it - I do not stay with the van.
GUILTY . Aged 21. - Transported for Seven Years .
OLD COURT, Saturday, October 18th, 1834.
Third Middlesex Jury, before Mr. Common Sergeant.
The prosecutor did not appear.
NOT GUILTY .
ROBERT HARVEY . I live at Epping. I was on the race-ground, at Enfield-marsh , on the 17th of September - somebody gave me information - I turned round, and saw my handkerchief on the ground - I took it up - this is it - I had felt it in my pocket ten minutes before.
WILLIAM SERVANT . I am a policeman. I was on the race-course, and saw Coppin take the handkerchief out of the prosecutor's pocket - he was coming away with it - he gave it to Bowen - I laid hold of them both, and Bowen directly dropped the handkerchief from under his jacket.
Coppin's Defence. He said he saw us take a towel, or something - the magistrate asked why he said it was a handkerchief - he said he thought it might be a towel.
COPPIN - GUILTY . Aged 13. - Confined Six Days , and Whipped .
BOWEN - GUILTY . Aged 15. - Transported for Seven Years .
The prosecutor did not appear.
NOT GUILTY .
MARY ROHRS . I was in the care of Messrs. Martineau's house, in Wellclose-square - the policeman knocked at the door, on the 20th of September, about six o'clock in the morning, and stated something - there was a ladder placed against the gates, and a window open - this featherbed was gone - it was there the day before - I believe it to belong to Messrs. David Martineau and Sons.
Prisoner. Q. Did you not say, at the office, that you had not seen it for two months? A. No - no locks were broken.
WILLIAM SAVAGE . I am a policeman, I was on duty in Bell-yard, at a quarter before five o'clock in the morning of the 20th of September, and saw the prisoner coming along with a bed on his back - I saw him throw it down, at the back of a cart, down a yard - I secured him - he came to the front of the court, and, seeing me, he ran off - I pursued, and took him and the bed.
GUILTY . - Confined Nine Months .
Before Mr. Justice Gaselee.
NOT GUILTY .
GUILTY . Aged 18. - Confined Two Years .
Third Middlesex Jury, before Mr. Baron Gurney.
GEORGE MORGAN . I am a servant out of place . On the 6th of October, I met the prisoner at a house in Oxford-street, and went with her to a house in Oxford-buildings - while I was in the room, I had occasion to take off part of my clothes - I took my watch out, and laid it on a table - I afterwards took it up, and put it in my pocket again - she said, before she went she would have something to drink - I said, whatever she liked I would pay for - she took something, and then I laid down on the bed with her, with the watch in my fob - I got up, and went out of the house with her, and did not miss my watch till about five o'clock in the evening - this was between three and four o'clock in the afternoon - I had appointed to meet her next day at three o'clock in the Park, and I went next day, but she did not come- I went about six o'clock in the evening, and gave information to the police - I saw her next day in custody of a
Cross-examined by MR. PHILLIPS. Q. Had you been drinking that day? A. I had during the morning; from the time I left my lodging before I met her, I had three glasses of ale - that was between nine and three o'clock - I cannot say how many public-houses I went to - I did not drink any thing at the house I went to with the prisoner - gin was sent for, at my expense, by her desire - but I did not desire it to be sent for - I drank none of it - I gave 6d. or 1s. for it - I believe it was 1s. - I was quite sober - the watch-chain was not put about my neck by the prisoner - I did not go down stairs and return again - I swear I was quite sober - the person who was with me that afternoon, is in France now - I did not miss my watch for an hour - I went straight home after leaving the prisoner, and at tea-time was asked what o'clock it was, and missed it- the prisoner did not state that I had left the watch with her until I should meet her next day - I was not present when she gave up the duplicate - I went to a house after she was in custody, and she there threw down the duplicate on the table, and said there it was for me if I wished - I was lodging at No. 48, Park-street, then.
ROBERT FRANCE . I am a policeman. I went with the prosecutor to apprehend the prisoner - she threw a duplicate on the table, and took it up afterwards - I took it from her hand - I had seen the prosecutor the day before I apprehended her.
GUILTY of Stealing, but not from the person . Aged 26.
Transported for Seven Years .
Before Mr. Justice Gaselee.
JANE KAY . I am the widow of George Kay - I keep a public-house in Wapping-wall . The prisoner lodged with me about a week, and slept in a large room up stairs - on Sunday, the 5th of October, between twelve and one o'clock, I heard somebody come down stairs from his room - I called out, "Who is there?" - he did not answer - I called again, and the prisoner said, "It is me" - when he passed the bar he had something in his bosom - I asked him what it was - he said it was his own - I pushed my hand into his bosom, and pulled out a sheath with two razors - he said he was going to shave himself - I called my son Robert, and he said they were his - the prisoner said he was going to lend them to another person - I gave him into custody.
Prisoner's Defence. There are about fourteen sailors resort to the house - I have resorted there for twenty years - we lend our razors one among another - I wanted shaving, and was going down to get these razors sharpened, when the prosecutrix stopped me.
GUILTY . Aged 43. - Confined for One Month .
JOHN WILSON . I am a distiller , and live at Hackney. On the 30th of September, about twelve o'clock at noon, I was in Shoreditch , and felt my handkerchief taken from my pocket - I turned round, and seized a boy nearly the size of the prisoner - but a gentleman called my attention to the prisoner, who was running away with my handkerchief hanging out of his pocket - I pursued and took him with it - he was never out of my sight - the moment I seized him, he pulled it out of his pocket, and threw it on the pavement - I gave him to the policeman.
WILLIAM WEBB (policeman). On the 30th of September, I was in Shoreditch - I heard a cry of "A thief," and saw a number of persons running - I went towards the place, and saw the prosecutor with the prisoner - he delivered him to me with the handkerchief - I asked how he came by it - he said a boy gave it him.(Property produced and sworn to.)
GUILTY . Aged 14. - Transported for Seven Years .
Before Mr. Baron Gurney.
1585. ROBERT KAY was indicted for stealing, on the 3rd of October , 2 coats, value 4l. 15s.; and 1 waistcoat, value 5s.; the goods of Robert Kay ; and 1 bracelet, value 1s., the goods of Jane Kay ; to which he pleaded
GUILTY. Aged 22. - The prisoner received a good character, and was recommended to mercy by the prosecutor. - Judgment Respited .
WILLIAM GOBLE . I am a plasterer . The prisoner was in my employ - I lost a watch last Monday - I had seen it that morning - I think in the stand on the mantel-shelf - I went out of my room and left the door unlocked in the morning - when I came home at night, it was missing - the prisoner was taken that evening, or next day - I have known him twelve months - he behaved well before.
GUILTY . Aged 27. - Confined Three Months - Two Weeks to be Solitary .
Before Mr. Justice Gaselee.
JAMES TRAIL . I am shopman to Thomas and John Stafford, of No. 32, St. John-street . On Wednesday, the 1st of October, the prisoner came about a quarter before twelve o'clock, to pawn a pair of spectacles - I received them from him, and went to the back part of the shop - and, on returning, I saw him tuck his hat between his knees, and then put it on his head - I said to him, "You have nailed a waistcoat," as some hung by his side - I took his hat off, and found the waistcoat in it - I turned round to a boy, and told him to call Mr. Stafford, and he ran away - I gave information to Tyrrell, and saw him next day at Worship-street, and knew him - he was in the habit of pawning at our shop.
Prisoner. Q. Did you see me remove the waistcoat from where it hung? A. No.
Prisoner's Defence. I went to the shop to pawn a pair of spectacles - during the time I was there, another person came in, behind me, and touched me - I turned round, and went to another part of the shop - I saw a waistcoat lying down at my feet, and, in stooping down, I had not exactly room to stoop, my hat came off - I picked my hat up, and had my hat and the waistcoat in my hand together - the witness said, "You have nailed a waistcoat" - I said, "I have not" - he took it out of my hand, not out of my hat - he said, "I shall send for Mr. Stafford" - I said, "I shall not stop for Mr. Stafford," knowing myself innocent, and I walked out of the shop - I did not run out - I heard no more of it till next morning, when the officer came - if I had intended to steal it, I had plenty of time to escape.
GUILTY. Aged 36. - Recommended to mercy .
Confined One Month - One Week Solitary .
Before Mr. Baron Gurney.
THOMAS BIRCH . I am a seaman , and belong to the Snaresbrook, which was lying off the Tower. The prisoner joined the ship four days before I went ashore - I left my clothes on deck, in my chest, and left the prisoner on board - on Friday morning I returned, at six o'clock, and my clothes were all gone - I gave information to Thompson - the prisoner had left the ship - I found him in the skittle-ground of a public-house, with my jacket on his back- I lost two blankets, one rug, and three shirts besides - I have come all the way from Hambro' to prosecute him.
JAMES THOMPSON . I am a policeman. I found the prisoner at the Cross Keys, Wentworth-street, Whitechapel, with the jacket on, which Birch claimed - and at the station-house he had a shirt on belonging to the apprentice of the ship, and a pair of trowsers belonging to another man in the ship - he said to me, "I am guilty of taking the things - I sold them between two streets in Rosemary-lane, to two Jewesses" - in the lining of his hat I found 4s. 6d.(Property produced and sworn to.)
GUILTY . Aged 26. - Transported for Seven Years .
Before Mr. Justice Gaselee.
ANN TAYLOR. I am the wife of John Taylor, of Old-street . The prisoner lodged with us for eight days - he came on the 2nd of September, and occupied the first-floor back room - he left on the 10th of September - I saw him that afternoon, and asked him for the week's rent, 3s. 6d. - he said he was coming back - I asked him to pay me in the street, as I wanted it - he said he had no money - I said I thought he wanted to swindle me of it - I followed him a little way, and lost him - I got home about five o'clock, and about seven o'clock I missed a decanter and two cyder glasses from a cupboard in the room he occupied - I had seen them while he was living there - I went to the pawnbroker's, and found them - I saw him on Friday night, at the station-house.
Prisoner. Q. What day did I leave your house? A. Wednesday, the 10th - your week expired the day before - I saw you go out that morning - I know you went down into the kitchen that morning.
THOMAS REE . I am shopman to Mr. Beachey, a pawnbroker. I have a decanter and two glasses, pawned on Tuesday, the 9th of September, by the prisoner, between twelve and one o'clock, for 2s., in the name of William Pearson.
Prisoner. Q. What induced you to notice me, so as to swear to me? A. I remarked that they were curious and antique - you replied that you had just bought them.
SAMUEL HAMER . I am a policeman. I went to the prosecutor's house on Friday, the 12th of September, and found the prisoner there - a person said he had brought him there, as the prosecutrix had lost her glasses - he said, if Mrs. Taylor came there, he thought he could make it all right, if I would allow him to stop until she came; but I took him to the station-house.
Prisoner. Q. Did you find any thing on me? A. Different duplicates, with different addresses, and none of them in your own name - there was no duplicate of the decanters.
Prisoner's Defence. I sent Carney to the prosecutrix when I heard of this complaint.
ANDREW CARNEY . The prisoner once lodged with me - when I heard of this charge, I told him of it, and he went with me to the prosecutrix - he said, if he might wait till Mrs. Taylor came in, he could settle it.
James Taylor , 141, High Holborn; Horatio Denison , dressing-case maker, Deddington-place, Pentonville; John Day , trunk-maker, Charles-street, City-road; William Donaldson , engraver, 41, Tash-street, Gray's-inn-lane; and John Godwin , clerk to a solicitor, gave the prisoner a good character.)
GUILTY . Aged 37. - Confined Two Months. - One Week Solitary .
Before Mr. Baron Gurney.
The prisoner did not plead to the indictment, and upon the evidence of Mr. MacMurdo, surgeon of Newgate, and Mr. Cope, the governor, the Jury found him of unsound mind .
Before Mr. Baron Gurney.
JOSEPH TILLEY . I am a shoe-maker , and live in High-street, Shadwell . On the 12th of September, I saw these boots hang by the side of my door - I saw them safe about ten minutes before I missed them - I saw Clark looking in at my window just before - my neighbours gave me information, and I missed my boots about dusk - I went in search of them, and saw them between eight and nine o'clock - I saw the prisoners in the street, and gave them in charge of a policeman.
RICHARD JACKSON . I am a neighbour of Mr. Tilley. I was standing at my shop door, and saw the prisoners lurking about - I watched them for some time, and at last saw Langley go up to the door, and cut a pair of boots down - Clark stood four or five doors off - I had seen them together about there in the afternoon - Clark saw Langley cut them down - he came up to Clark, and both went away together - I went over and told Tilley - I went in search of them - I afterwards saw them pass by together - I pointed them out to the policeman, who took them.
CHARLES HITCHINGS . I am a policeman. I received information, and took the prisoners in charge - I asked Clark if he had been that was before in company with Langley - he said he had, and Langley said he had not - I had seen them together before myself.
Langley's Defence (written). The witness says that he saw me take the things down and give them to my fellow-prisoner as he stood at his shop door - I leave you to judge whether he could see my face as I was cutting them down,(if I had been doing so) from the other side of the way, for any one cutting them down must have had their back toward him; and, my Lord, it is very probable that if the witness had seen any one cutting them down he would have cried out to stop them - he also says that he saw us about twenty minutes afterwards, near the shop - I leave you to judge, whether, if I and the prisoner Clark (who was behind me, and I did not know him till we were both taken) had committed this robbery, I should have come near the same place so soon after.
LANGLEY - GUILTY . Aged 19.
CLARK - GUILTY . Aged 16.
Transported for Seven Years .
Second London Jury, before Mr. Recorder.
GUILTY . Aged 11. - Confined Six Months .
1593. JOHN SMITH was indicted for feloniously forging and uttering a certain request for the delivery of 2 pieces of lawn, and 2 pieces of linen, with intent to defraud Edward Hemsley ; - also for feloniously stealing 373 yards of linen cloth, value 48l.; 22 yards of cambric, value 28s.; 13 yards of linen, value 29s.; 12 pieces of handkerchief, value 29l.; and 3 pieces of muslin, value 3l. 10s.; the goods of John Clark , his master ; - also for obtaining 2 pieces of Irish linen, value 7l. 1s. 8d.; and 2 pieces of lawn, value 1l. 10s. 4d.; from Edward Hemsley, by false pretences ; to which indictments he severally pleaded
GUILTY . Aged 23. - Transported for Seven Years .
MARY HANTON . I am a widow , and live in Richard's-buildings, Paul's Head-alley, Red Cross-street . The prisoner is my son - he lived with me about three months ago- I went out on Sunday, I think it was the 26th of June- I missed my watch from my mantel-piece in the month of June - I had locked the door when I went out, and found it locked when I came back - I saw the prisoner some days afterwards, and charged him with taking it - I said, "Where is it, and what did you get on it?" - he said, 6s. - I said,"Give me the ticket," and he gave it up - he neither denied taking it, nor said he had got it - being my son, I did not like to give him in charge.
Prisoner. She found the ticket in my trowsers when she searched them - I did not give her the ticket. Witness. He gave it me in my own apartment.
ROBERT MASTERS . I am a shopman to Mr. Walker, a pawnbroker, in Aldersgate-street, I produce a watch which was pawned on the 26th of June, by a man, for 6s. - I cannot identify the prisoner - the duplicate produced is the counterpart of the one on the watch, and is in my handwriting.
JAMES CHAMBERS (police-constable G 7). I was with Brummett when the prisoner was apprehended on another charge - I produce the duplicate the witness has identified - I got it from the prisoner's sister.
Prisoner's Defence. I found the duplicate in the house, and put it in my pocket for safety.
GUILTY .* Aged 20. - Transported for Seven Years .(See page 795.)
FRANCIS THOMSON . I am shopman to Mr. Ross, a pawnbroker, in Earl-street, Marylebone. I have two veils which were pawned by the prisoner on the 6th of September, in the name of Henry Smith , for his mother.
JOHN TIGHE . I am a pawnbroker, and live at Deptford. I have two veils pawned on the 5th of September, in the name of Henry Smith, for his mother - I believe the prisoner to be the person - he had an impediment in his speech.
HENRY DANBY re-examined. The veils corresponded with those we missed - I have no doubt of them - one in particular I have no hesitation about, but it is possible another of the same pattern might be produced - I only speak to it from the pattern - I will not swear to it, though I am certain it is mine.
GUILTY . Aged 18. - Confined Nine Months, One Month Solitary .
1596. GEORGE MANSELL was indicted for stealing, on the 30th of September , 1 handkerchief, value 1s. 6d.; the goods of Thomas Whitwell , from his person, and that he had before been convicted of felony .
THOMAS WHITWELL . I am a colourman , and live in Mount-street, Grosvenor-square. On the 30th of September, I was in Ludgate-street , and felt a tug at my pocket - I turned round and accused the prisoner of putting his hand into my pocket - he tried to get from me, and said he had not taken my handkerchief, but that a boy who was going by had done it - I swear I had seen him putting my handkerchief into his pocket - I detained him, but I had a bundle in my hand - I saw him take my handkerchief from his pocket, and throw it away.
JOHN RICHARDSON . I am a livery-stable keeper, and live in Keppel-mews, North. On the 30th of September, I saw the prosecutor and prisoner scuffling together - I stopped and said, "Halloo, what is the matter?" - the prosecutor said, "I have lost a handkerchief, and this man has got it," and all at once the handkerchief brushed by me from the prisoner's hand - he threw it down or dropped it.
Prisoner. The witness himself was accused of it, an then he swore I had taken it. Witness. The prosecutor thought I was concerned - I saw the prisoner throw it away- when I found the prosecutor thought I was concerned, I went to the watch-house, and gave my card - the prosecutor kept the prisoner till he got him to the watch-house.
SAMUEL DAVIS . I am a City-policeman. I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office - I had him in custody on the charge, but I was not present on his trial - he is the man I had in custody.
GUILTY* of Stealing only . Aged 18. - Transported for Seven Years .
1597. THOMAS MITCHELL was indicted for that he, on the 4th of October , in and upon Charles Bradfield , feloniously, unlawfully, and maliciously did make an atsault, and with a certain sharp instrument feloniously, &c. did stab and cut him in and upon his chest and left breast, with intent to kill and murder him .
Two other Counts, stating his intent to be to disable him, and to do him some grievous bodily harm.
CHARLES BRADFIELD . I am foreman to Mr. Saunders, a stable-keeper, and live in Catharine-wheel-yard, Bishopsgate-street. In the forenoon of Saturday, the 4th of October, I went into the Bull public-house to have my breakfast - I was reading the newspaper, and had a beef-steak, which I gave to Shearman, the servant, to be dressed - the prisoner came in, and asked me for the paper - I said he should have it in a minute or two - he said, if it had not been for me, he should have been in service at that time - I told him he had no business to make use of my name -(he had got into service by making use of my name, and the gentleman did not approve of him afterwards - I understood that to be the case) - he then began to abuse me dreadfully - I told him if he did not hold his tongue, I should get up and shake him, which I did, and struck him before he struck me - we had a scuffle, and when I got about the middle of the room, he struck me with a knife and stabbed me- he took the knife up in the middle of the room, and struck me with it in the left breast - he was in a passion, and had not time to cool after I struck him - it happened immediately after the scuffle.
Q. Before his blood had time to cool? A. Yes - the knife laid on the table ready for his breakfast.
NOT GUILTY .
1598. SAMUEL BARRETT was indicted for stealing, on the 24th of September , 4lbs. weight of tallow, value 2s.; the goods of John Cunningham and another, his masters; and EDWARD SMITH , for feloniously receiving the said goods, well knowing them to have been stolen .
JOHN CUNNINGHAM . I am a printer , and live in Crown-court, Fleet-street . I have missed property for a very considerable time - the prisoner Barrett was in the employ of myself and partner, Morris Salmon - he was employed in the machine-room.
Q. Whatever tallow you saw elsewhere, how can you tell it belonged to your master? A. Because I had seen it in the machine-room, and it is particular tallow which we use - I saw it in Smith's shop, and saw the prisoner Barrett in the shop where it was - I did not speak to him - when I got back to the machine-room, I saw Barrett again - he asked if we had told Mizen, the foreman, any thing - we told him no - he came to us several times, and said he would give us half-a-crown not to tell about the tallow.
Q. Did he use the word "tallow?" A. No - he said, "Do not tell about that" - he did not say what.
NOT GUILTY .
MR. JONES conducted the Prosecution.
CHARLES KNIGHT . I am the prosecutor's solicitor, and live in Church-court. I prepared a warrant of attorney, and saw it executed by Mr. Ogle, for 613l. - this is the warrant I hold in my hand - on the 26th of September, I attended at the chambers of Mr. Justice Vaughan, and made an affidavit of the due execution of the warrant of attorney - I left it in the custody of Mr. Wilkinson, the Judge's clerk; and finding there might be some delay in obtaining the signature of the Judge to it, I said I would send my clerk for it, and left it in his care, in the mean time - I sent for it a day or two afterwards, and did not receive it back - I went myself to the chambers on the Tuesday following, and saw Mr. Wilkinson, but could hear nothing of it. On the 1st of October, Twisden called at my office in Church-court - it was Wednesday or Thursday - he told me he understood a warrant of attorney had been missed, and he thought he knew a person who had it in his possession - he produced me this note, which he said was sent by that person giving him the information - he then said, as the person had been at some expense in obtaining it from the person who had found it, he wished to know if I would give any thing for the purpose of obtaining it- I said I certainly should not advance or pay sixpence to any body who I thought was connected with taking the warrant of attorney, as I was certain it must have been taken from the Judge's chambers - I would not allow any thing for it; but as far as he was concerned, if I found he was in no way connected with the party, I should have no objection to remunerate him for his trouble if it was brought to me - he then said it was a £5 stamp - I said that would make no difference, for I was certain the defendant would execute a fresh one, and I should get that allowed - he then asked if I would give two or three guineas - I said I would not give him a single sixpence, as I felt it a duty to myself to prosecute the parties connected with it, if I could find out who they were - he then left me, and said he should call again - I sent Mr. Weemys, who was waiting there at the time, to watch him - and in consequence of information from Weemys, I went to the Mansion House within ten minutes or a quarter of an hour, and procured an officer - my attention was directed to a public-house, and I saw the prisoner, Amos, in the street near the public-house - I cannot say I saw him come out of the house - I was with the officer when he was taken into custody - we then proceeded to my office with the officer, and found Twisden waiting there - I saw Amos searched at my office in Church-court - he was taken into custody and searched on the spot- when I saw the affidavit it was on a whole sheet of paper, and the blank half of the sheet on which the affidavit was written was found on Amos - (looking at it) I believe this to be the half-sheet certainly - when Twisden was about to be searched, he put his hand into his pocket and took out the warrant of attorney, handed it to me, and said, "There, Mr. Knight, there is your warrant of attorney, and if you behave like a gentleman you will do as you said" - we went to the magistrate.
Cross-examined by MR. HEATON. Q. When did you first send to the Judge's chambers after leaving the warrant of attorney there? A. I think I directed my clerk to call the following day - I called myself, three days afterwards, in consequence of a communication from my clerk - I did not go the same day - I left the warrant of attorney myself at the office on the 26th with Mr. Wilkinson - he was then standing in an outer office, to which the public have access - I suppose there were fifty persons there on business at the time.
Q. Could that document be of any possible benefit to the defendants, except by getting a reward from you? A. If they delivered it over to Mr. Ogle it would be of benefit to him; but I knew he had honour enough to execute another - Twisden said himself, before the magistrates, that he had been endeavouring to see Mr. Ogle several times as a party to that warrant of attorney - he did not say he wanted to inquire of Mr. Ogle where my office was - my address is in the document itself, and the affidavit states my description and address at full length - Twisden did not tell me, when he called, that he had been to Ogle - he said he knew the parties - the note did not contain my address - it says, "a Mr. Knight" - he did not say he had been to Ogle to inquire my address - he was taken the second time he came - he stated before the magistrate that he went to Ogle to inquire my address.
COURT. Q. The representation he made to you was, that the warrant was in the possession of another person, and he applied that two or three guineas should be given for the trouble the party had who got it from the person who found it? A. Yes - Twisden did not tell me he had seen the document - he said he was acting under the instructions contained in the note - he said he would see the party, and endeavour to get it - he came to me as a man knowing the person who had the warrant of attorney - he came to my office of his own accord the second time - he did not produce the document as soon as I came in - I told the officer to search him - he searched Amos; and after finishing his search, and putting down the particulars of what
Re-examined. Twisden did not tell me he had called on Mr. Ogle - I understood from him, when he first called on me, that I was the first person he had been to. (Note read.) "Mr. Twisden - Sir, I will get you to call on N. Ogle, Esq., No. 58, Baker-street, Portman-square, and inform him I can return into his hands a document of the value of 613l. 15s. 3d., with a £5 stamp thereon; but I must know what reward he will give you to deliver the same into his hands, as I have had both exponse and much trouble in obtaining the same from the party who found it- I know it must be of value to him, but do not much understand such things - I do not find any name on the document except 'Knight,' the witness thereto. I expect he has nothing to do with it as to the value. - WM. B."
JOHN LUKIN . I am a clerk to a solicitor. I know both the defendants - I have known Amos, by the name of William Brooks , about ten or twelve years - I have not known him by any other name - I have seen him write frequently- I do not believe this note to be his writing; it is not at all like it - I told you so when I saw it in your hand before I was called.
WILLIAM LAWRENCE WILKINSON . I am clerk to Mr. Justice Vaughan. On the 26th of September, I received a warrant of attorney from Mr. Knight, with an affidavit annexed to it - he left it for me to take care of till he should send for it - he afterwards sent for it - I had not got it then.
COURT. Q. What were you to do with it? A. To get the Judge's signature to the affidavit - I could not immediately get it signed by the Judge - I afterward obtained the Judge's signature, and had it in my care for Mr. Knight - he sent for it on the Saturday or Monday - it was given to me on Friday - I left it on my desk - I never took it out of the premises - I looked for it when it was sent for, and could not find it - it had not been out of the chambers - I replaced it on my desk with some other papers - the warrant and affidavit were pinned together - I have seen Amos about Sergeant's Inn frequently - I do not recollect seeing him that day.
Cross-examined. Q. Your desk is in the outer office, is not it? A. Yes - a great number of persons have access to the office - there are generally a great number there when the Judge is in his chambers - there were a great many on the 26th, (Saturday) - the Judge was not there on the 27th, nor Monday - when it was applied for, I looked among a number of papers on my desk, expecting to find it - I occasionally go into the Judge's room, leaving my office with persons there - persons occasionally, of their own accord, take, from my department of the office, affidavits, which have been left, without asking me for them; but I know who they are - I cannot say whether any of those persons took this document.
COURT. Q. Was it left open? A. Yes - I should not think it could be taken up with other papers - I am quite certain I laid it on my desk - I never saw it afterwards, till I saw it at Guildhall.
MR. JONES. Q. You have been asked whether any body could go and take any papers; do you deliver out papers to people yourself? A. Yes.
MR. HEATON. Q. Did not you tell me people were in the habit of taking their own papers? A. They generally say, "I want such an affidavit" - I say, "Take it" - they are within arm's length of me, and I can see that they take their own paper - my desk is quite open - I can reach to the back of my desk without rising from my chair - there is another clerk in the office, but he has nothing to do with the papers.
COURT. Q. May he have delivered out the document? A. I do not think he would without speaking to me first: he does not attend to that department - he gives out documents, certainly - he was there that day - he is not here.
JAMES WEEMYS . I am a cooper. I was in Mr. Knight's office on Thursday, the 2nd of October - Twisden came in, and, in consequence of directions from Mr. Knight, I followed him into Clement's-lane, and saw him join Amos - they appeared in close conversation together, about seventy or eighty yards from the office - I watched them along the new street from the bridge - they walked together, and stopped several times, and appeared in very close conversation together - I watched them into a public-house opposite the Mansion House - I went back to Mr. Knight's office - then went to the Mansion House, and got an officer - I saw them come out of the same public-house - they stopped near the Bank a few minutes, then crossed the road towards Mr. Knight's office, and went down the new street, stopping several times as before - Twisden left Amos at the corner of Clement's-lane, towards Mr. Knight's office - at that time Mr. Knight came up in company with a policeofficer - I pointed Amos out to the officer, and he took him to Mr. Knight's office, and I there saw Twisden - Amos was searched, and several papers were found on him - I cannot say whether this note was found on Amos or Twisden - I saw Twisden searched, and after the officer began searching him, he pulled a paper out of his pocket, thrust it by the officer, and presented it to Mr. Knight, saying,"That, I believe, is what you are wanting, that is the instrument; if you are a gentleman, I hope you will act as one," or words to that effect - while I saw the defendants in close conversation, something passed between them that appeared like paper - Amos had on a brown hat.
DANIEL MEALY . I am a City policeman. I was fetched by Mr. Knight, and took Amos into custody - I knew him- he told me his name was Amos - as we were going to the Compter, at the time of his committal, Twisden said to him by the Post-office, "Why, Brooks, we have left all our Tommy behind us" - Amos said, "Yes" - I searched Amos at Mr. Knight's office, and found some papers not relating to this case, except the half-sheet of paper - I was about ten minutes searching him - I then began searching Twisden, and he produced the document.
GEORGE CASMAN . I am servant to Mr. Ogle, of Baker-street. Twisden called on Mr. Ogle one day about one o'clock - I do not know whether it was Monday or Tuesday - it is about three weeks or a month ago - he wanted to see Mr. Ogle - I said he was not at home - he had a little bundle in a red handkerchief, and his shoes were rather dirty - he said he was going into the country, and had a message for him, and should like to have an answer before he went - I said, "He will be at home at five o'clock, you may call if you like" - he called at five o'clock, and Mr. Ogle was not at home - I said he dined at seven o'clock - Mr. Ogle came in about six o'clock - I told him what had passed - Twisden called about a quarter after seven o'clock- I went up the area gate, and told him Mr. Ogle was not at home - he said he should like to see him - I said, "Call to-morrow at twelve o'clock;" but I was not at home then- I met him at the corner of Baker-street afterwards - he said to me, "Where is Mr. Ogle?" - I said, "He is gone into the country" - he said, "If you can tell me where his country house is, I would not mind a few shillings to take a coach and go to him. Do you know Mr. Knight?" - I said, "Yes, I have heard Mr. Ogle speak of such a person" - he said, "Do you know his office?" - I said, "No; it is somewhere in the City" - he held up a piece of paper, and said, "I have a property here, 700l." - then called his words, and said, "615l." - I said Mr. Ogle was not at home - I went in, had my dinner, and then went into the City - I met Mr. Ogle, and told him what had passed - he went to Mr. Knight directly - when Twisden came to our house, I saw a person across the road - it was rather dark, and I could not observe his dress - he appeared a short, thick man.
Cross-examined. Q. He wanted to know where Mr. Knight's office was? A. Yes.
MR. JONES. Q. What did the paper he had in his hand appear like? A. It was doubled like a law paper - he did not say whether he had called before.
MR. HEATON. Q. Was it not on Thursday morning that he asked you where Mr. Knight's office was? A. Yes- it was the day he was taken.
MR. JONES. Q. How many days before that did you see him at Mr. Ogle's? A. On Monday, Tuesday, and again on Thursday.(Mr. Heaton addressed the Court and Jury on behalf of the defendants.)
NOT GUILTY .
NEW COURT. - Saturday, October 19th, 1834.
Fourth Middlesex Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 35. - Confined Three Months .
GUILTY . Aged 54. - Confined Three Months .
1602. ELLEN SHEEN was indicted for stealing, on the 8th of October , 5 spoons, value 30s.; 2 sovereigns, 1 half-sovereign, and 4 pieces of foreign gold coin, value 3l.; the goods and monies of Patrick Seyton Hynes , her master ; to which she pleaded
GUILTY . Aged 22. - Confined Six Months .
CHARLOTTE KILLICK . I am the wife of George Killick, of Sydney-street, Somers-town . These two tea-spoons were ours - they were taken from our front parlour - I missed them on the 11th of August - I had seen the prisoner at my door on Friday, the 8th of August, he came from Mrs. Westenholme, who was a lodger of mine, but who was going away - he came to fetch a trunk for her husband, but he did not deliver the message to me - he was at my door about two minutes, at that time - he came again in about ten minutes, and I told Mrs. Westenholme of it, but I did not see him there - the parlour door is near the street door.
Cross-examined by MR. CLARKSON. Q. Did you know the prisoner before? A. No - I will not be positive that I had seen the spoons that Friday morning - he came about eleven o'clock.
HANNAH WESTENHOLME . I lodged at the prosecutor's- I never saw the prisoner till he came that day, when my husband sent him for his box, as we were leaving - I asked him to come in while I fetched the box - he was there about five minutes, and took the trunk.
Cross-examined. Q. Your husband knew his family? A. I believe he did.
ALEXANDER JAMES BURGESS . I am a pawnbroker, and live in Shoreditch. On Saturday, the 9th of August, about two or three o'clock in the afternoon, the prisoner came to my shop and offered me the parts of two broken tea-spoons - the bowls were off, and the letters had been battered, apparently with a stone, but I could trace a "G" and a "K," as the first and last letters - I asked him where he got them - he said he picked them up in Tooley-street - I detained him, and he was taken to the office - he was remanded, but no person appeared - the officer unfortunately gave him the spoons back, but I afterwards ascertained where they had been taken from, and he was taken again - I saw a spoon produced by the prosecutor - it had the letters, "D K," and a letter between, and the same hall mark on it, as those the prisoner brought.
Cross-examined. Q. Where did you find him? A. I informed the officer where he was most likely to be found- the hall mark denotes the year the spoons were made.
Cross-examined. Q. You examined the spoons produced by the pawnbroker, to ascertain what was on them, and you could not find the G? A. No - there has been no opportunity of comparing the spoons, except by recollection.
GEORGE AVERY (police-constable G 175). I apprehended the prisoner on the 22nd of August, in Mile End-road - he was called off the top of a building by a brother officer, who said, "Charley, I want to speak to you," and he came down - I said, "I want those pieces of spoons" - he said, "I have thrown them away" - I told him we had come to apprehend him for stealing them - he said, "Very well" - he put on his coat and came with us - I said I did not believe he had thrown them away - he said he had, but he did not know where.
GUILTY. Aged 21. - Recommended to mercy . - Confined One Month .
JAMES WEBSTER JONES (police-constable B 59). I was on duty, on the night of the 8th of October, at the corner of William-street, Knightsbridge , about half-past ten o'clock at night - I saw a man loitering about the shop of Mr. Richardson, a china and glass shop - he was there from half-past nine till half-past ten o'clock - I saw the shop shut up at ten o'clock, and I continued to watch the man till half-past ten o'clock - I then went as if I was going to Hyde-park-corner; but I crossed the road, and went round a waggon and an omnibus which were passing - I saw the man go to Mr. Richardson's door, and tap, and, in a second, the door was opened, the prisoner and another man came out, and the man who tapped at the door ran away - I was fearful of attempting to take the prisoner and the other man who came out of the shop, and I followed them- the prisoner was carrying this bag with twelve whole decanters and two broken ones in it; and the other man had a handkerchief with five decanters in it - I followed them to the corner of Sloane-street, and touched another officer, and told him to follow me - we went on to the coach-stand, and saw the prisoner putting this bag into a cab - the other man left his bundle by the coach-rank, and made his escape - the prisoner jumped out of the cab, on the other side, and ran off - I cried, "Stop thief," and sprang my rattle - I assisted in taking him, when he had run ten or fifteen yards - I never lost sight of him, from the time he came out of the shop, till I got him to the station-house.
Cross-examined by MR. CLARKSON. Q. What sort of a night was it? A. A pleasant night - I think the moon had gone down.
COURT. Q. Did you find any thing on the prisoner? A. This jemmy and a dark lantern, and these pick-lock keys - one of them opens Mr. Richardson's shop door easily.
HARRIET RICHARDSON . I am the wife of William Richardson - we keep this china-shop , and left it safe about ten o'clock - my husband fastened it in my presence, and we went home together to No. 64, Lower Sloane-street - we missed 19 decanters; these are part of them - I cannot swear whether any thing else was taken.
GUILTY . Aged 29. - Transported for Life .
JAMES KNOWLES . I am a gardener . I was at Paddington on the 28th of September, between two and three o'clock in the morning - I had been to carry home some linen for my wife, who is a laundress - I went to get a cup of coffee - there were a few persons round - I felt some woman's hand in my pocket - I cannot tell who - I spoke to her rather roughly, and away she went - I then went to a public-house, and received information - I felt in my pocket, and my pocket-book was gone - I saw the prisoner in the station-house, and my book was found in her bosom.
Prisoner's Defence. I picked it up.
NOT GUILTY .
THOMAS HOPKINS . I am a labourer . On the 28th of September, I was in Paddington-fields , and fell in with the prisoner, about five o'clock in the morning - she asked me to go with her, which I did - I gave her a shilling, and she pointed out the place where we were to go, about forty yards out of the road, into a field - while we were there, I found her hand in my pocket, and told her to take it away, as there was nothing for her there - she took her hand away, and we were together about a minute, when she turned her head, and said, "There stands a man" - I turned, and saw a man - she gave me a push, and made away towards him - I then missed six half-crowns, one half-sovereign, a shilling, and a duplicate, which were wrapped up in a rag - she went off as quick as she could, but I pursued her, and caught hold of her just as she was getting through the fence - the officer came, and took her to the station-house - the pocket-book, these six half-crowns, the half-sovereign, and the shilling, fell on the ground - the duplicate and the rag were not found on her.
GUILTY . Aged 27. - Transported for Life .
JOHN REYNOLDS . On the 25th of September, I saw Thomas near Edward Chandler's shop, and Morris was waiting about the corner of John-street, Wilderness-row - Thomas had another boy with him, who is not in custody - I saw Thomas go into the shop, and come out again with these candlesticks, which he gave to Morris, who wrapped them up in his apron.
CHARLES HALL . I am in the employ of Mr. Edward Chandler. I was undoing the bolt of the shutter at a quarter before seven o'clock in the morning, on the 25th of September - I then turned my back to go into the other room, and Thomas came in and took the pair of candlesticks - there was another boy with him, who is not in custody - Thomas gave them to Morris just by the corner of Wilderness-row - I followed them on till I was stopped by one of the company - I gave him a kick, and he let me go - I then told the policeman, and the prisoners were found that night - the candlesticks have not been found - I am sure the prisoners are the boys.
Thomas's Defence. I was at home at the time, and at work all day with my father - it was on Thursday morning, as I was told.
MORRIS - GUILTY . Aged 17. - Confined Three Months .
THOMAS - GUILTY . Aged 17. - Transported for Seven Years .
THOMAS JOSEPH MARTIN . I am a cabinet-maker , and lodge in Tash-street . The prisoner lodged in the house - he is a silversmith - on the 22nd of September I went out, about six o'clock in the morning, leaving my property all secure - we both slept in the second-floor back room - I returned at seven o'clock in the evening, and missed this property.
GEORGE DEHANE (police-constable G 143). I was called, and found the prisoner - he was intoxicated - he confessed to this - I cautioned him not to say any thing, but the next morning in going to Hatton-garden he gave me the duplicates, and a note addressed to Martin, saying that he was in distress.
GUILTY. Aged 50. - Recommended to Mercy . Confined One Month .
CHARLES DOWDEN . I am an articled pupil to a surveyor . On the 19th of September I was in Norton Falgate , between seven and nine o'clock in the evening - a witness tapped me on the shoulder and asked me if I had lost my handkerchief - I missed it - my friend Mr. Gardner went for an officer, who took the prisoner.
WILLIAM HUMPHREYS . I am a labourer. On the 19th of September I was standing in Shoreditch - I saw the prisoner and two other lads trying to pick a gentleman's pocket - I suppose there was nothing in it - they walked away - I followed them to Norton Falgate - they there tried several gentlemen's pockets - they then followed the prosecutor, and the prisoner took the handkerchief out of the prosecutor's pocket - I took the prisoner and the handkerchief - the other two lads, with several others, came back and tried to rescue him, and the prisoner bit my finger.
GUILTY .* Aged 14. - Transported for Seven Years .
AGNES CLIFFORD . Ann Taylor keeps an eating-house at the corner of New-street and Old-street . On the 6th of October I saw the three prisoners go to the shop - I had seen them before - Hooper and Brown went in, and Leonard stood outside the door - they came out in three or four minutes, and I saw Brown give something to Hooper, which I thought was a bit of pudding, but it must have been the wooden bowl - they then all ran up the street - I am sure the prisoners are the boys.
ELIZABETH LLOYD . I was sitting opposite, and saw three boys come to the shop - I cannot tell who they were, but I saw they brought a bowl out of the shop - I thought at first it was a piece of pudding.
ANN TAYLOR . This was my property - it was a bowl inside my till - it might have the appearance of pudding - I had been at the till ten minutes before - it was all secure - there was about 17s. in the bowl.(Hooper put in a written defence, stating that the witness had deposed before the magistrate that they only "believed him to be the boy.")
James Taper , a gold and silver presser, gave Brown a good character: and John Thomas Wright and John Chapman gave Hooper a good character.)
BROWN - GUILTY . Aged 17.
HOOPER - GUILTY . Aged 17.
LEONARD - GUILTY . Aged 18.
Transported for Seven Years .
WILLIAM FAULKNER . I am an apprentice to Mr. Nicholls, a pawnbroker, in Gray's-inn-lane. I have two pair of Wellington boots, two pair of women's boots, and one pair of shoes - I cannot say who pawned them - I have the counterpart of the duplicates.
Cross-examined by MR. STAMMERS. Q. Are they the duplicates which were given when these articles were pledged? A. Yes; and the counterparts were pinned on the boots and shoes - this pair of boots has been worn - it is customary for persons to dispose of duplicates - these are pledged in the name of Ann Beattie and Ann Dixon .
Cross-examined. Q. Where is the mark? A. In the waist of them, "M. O." - I undertake to swear I had not sold this pair - I had been offered money for them, but did not take it - they are unlike what I generally purchase - I purchased a lot of them for Mr. Cole, a pawnbroker - I sent them, and several pairs were returned - this is one of them- they were returned as too narrow for the country trade - this pair was soiled when I bought them, but they had not been worn - I cannot say when I missed them; it was in the middle of the summer - I swear that no person in my employ ever sold these boots.
Prisoner's Defence. I keep a little shop, like my master. A respectable woman came there with this pair of boots on her feet - she had a pair of me, and I took these in exchange.
GUILTY . Aged 30. - Transported for Seven Years .(*The prosecutor stated that the prisoner had robbed his former master, and that thirty-five duplicates of the property were found on him.)
JAMES CHAMPION . I am in the employ of Mr. Richard Henry Ashford , pawnbroker , Bethnal-green-road . On the 17th of September, I was coming out of the shop, a little after eight o'clock, and saw the prisoner walking away with something in his possession - I took him, and found this waistcoat on him, which had been taken from the front of our shop - I had seen him with bad characters passing the shop.
GUILTY . Aged 12. - Confined Six Weeks .
THOMAS JAMES LOWLEY . I keep a general shop in Princes-street, Leicester-square. The prisoner came, on the 1st of October, and brought this picture - I bought it of him for 7s. 6d. - he gave his name as Henry Gerrard William , No. 15, Charlotte-street, Fitzroy-square - he said his father died a few days before, that he was the eldest son, and this was his property - he said he had two small paintings, which he would bring next morning at eight o'clock.
Prisoner. I was not in London at the time. Witness. Yes: it was you - it was on a Wednesday evening, between six and seven o'clock - you said you had lodged opposite to me for three years.
WILLIAM VENNING. I sell paintings in my shop , No. 43, Cleveland-street . This painting was exposed for sale when I left home, on Wednesday morning, about ten o'clock - I returned in half an hour, and missed it - it had been two yards inside the shop.
Prisoner's Defence. I went to Portsmouth on the 29th of September, and did not return till the 5th of October.
GUILTY. Aged 23. - Recommended to mercy by the Prosecutor . - Confined Six Months .
JOSEPH TILLEY . I keep a shoemaker's shop in Shadwell . On the 14th of September, I was called from the back part of the house - a lad had stolen a pair of boots- I went to the corner of Love-lane, and saw the prisoner running - I overtook him, and he dropped my boots from under his jacket - the officer came and took him - these are my boots; they had hung on a hook inside my door.
Prisoner's Defence. I was going down the street, reading a book - a lad asked me if I would buy these boots - I said I would not - a man then threw something behind me, and the officer took me - the prosecutor came up with a pair of boots in his hand - a man said he saw a man come by with a pair of boots in his hand, and he had a black coat and a red handkerchief on - he came to the office, but they would not
GUILTY . Aged 19. - Confined Six Months .
1615. ANN SHEEN was indicted for stealing, on the 8th of September , 2 pairs of boots, value 6s., the goods of Charlotte Staples ; 1 waistcoat, value 3s.; and 1 pair of shoes, value 1s.; the goods of John Bishop , her master .
CHARLOTTE STAPLES . I live with Mr. Bishop, who deals in lace . I serve in the shop . The prisoner had been servant there one month - on the 8th of September, she was to leave - I paid her her wages, about six o'clock in the evening, and gave her some little errands to do - she came back about nine o'clock, and took her bonnet-box out of the kitchen - I was at the door at the time - I afterwards missed this property.
THOMAS SEAL (police-constable G 145). I took the prisoner into custody three days afterwards - I took her in the street - I asked if her name was Ann Sheen - she said,"No, Donovan" - I then asked if she had been in Mr. Bishop's service - she said, "No" - I said I should take her - she was very resolute, and threw away a bundle in a passage - I took her, and my brother officer took the bundle, which contained this property.
Prisoner's Defence. The week before I left, she went out at five o'clock one evening, to walk with a gentleman - she came home at half-past ten o'clock - she came into the kitchen, and told me to go for a pot of porter - she drank better than half of it - the next morning, Mrs. Bishop asked me about the porter, and whether it was for me - I said, "No; Miss Staples sent me for it" - I then left the kitchen - Miss Staples came to me, and said she would get me into trouble - she gave me these things - the boots she gave me two days before I left - the officer pulled me into the passage - I asked him to go to Mr. Bishop's with me, but he tore the cap off my head - I had lived in respectable places, but never in a shop before.
GUILTY . Aged 27. - Transported for Seven Years .
There was another indictment against the prisoner.
MARY STRATFORD . I live in Spitalfields . The prisoner lodged in the same house - I missed a shawl and an apron on the 8th of October - I was then ill in bed - the prisoner came into the room - the shawl was hanging up, and the apron was on the chair - I saw the prisoner take the basket, and I missed the other things in a quarter of an hour - she was taken on the Saturday afternoon, and then had the shawl on - she never returned to the lodging - she left on the Tuesday.
GEORGE SMITH . I am in the prosecutrix's employ. I was standing in the court, and saw the prisoner go out with the shawl, which was my mistress's, and she had the basket and apron - I went and told my mistress, who was ill in bed.
WILLIAM LEACH (police-constable H 97). On Saturday last, I received information, and took the prisoner in George-street, Spitalfields - she fetched down this shawl, basket, and apron - she said the prosecutrix lent them to her.
NOT GUILTY .
JOHN O'CONNER . I am a green-grocer , and live at No. 62, Edgeware-road. The prisoner was in my employ about four months - I intrusted him to receive money from some of my customers - Frances Johnson was a customer of mine- his bill was for coals - the prisoner was to bring the money he received, to me as soon as he came back.
Cross-examined by MR. CLARKSON. Q. His occupation was to carry out coals and greens, not to receive money? A. No.
FRANCES JOHNSON . I deal with the prosecutor - the prisoner brought the coals, and I paid him 2s. 8d. - he then said there was another lot owing for, and I paid him 2s. 8d. more, making 5s. 4d. - this was on the 1st of September.
Cross-examined. Q. Did you take a receipt? A. No; I never had any bill - I paid him about eleven o'clock.
SARAH ROBINSON . I paid the prisoner 6s. for green grocery on the 1st or 2nd of September - he did not give me any receipt - I did not know his master, but the prisoner brought the bill, and I paid him - I knew he lived with Mr. O'Conner - this is the bill - it is not receipted, but I paid it.
JOHN O'CONNER re-examined. Q. You told this gentleman he was not intrusted to receive money on your account? A. Yes, he was - I paid him 8s. a week, and gave him bills to go to the houses, and get the money - he never accounted for these sums - he went to Bartholomew fair, and the next day he did not come - he went away on the 4th September, on a Thursday, I believe, and he had come to me on a Friday morning - he was taken on the Saturday, and we found this bill in his pocket.
Cross-examined. Q. You never authorized him to receive any money? A. Yes; any money that was offered him - I do not think there was any thing owing to him - it was his business to carry out goods, and go and get money- I have known Mrs. Robinson these six years - I did not give the prisoner authority to receive her money - I said to him, on the night before, "Have you called at No. 22, Oxford-terrace, for orders?" - he said, "No" - I had given him the bill on the Monday morning, and he said the lady told him to take change for a sovereign - he took the change, but brought it back to my wife, and said the lady was not at home.
COURT. Q. Did he receive this money from Robinson with your approbation and consent? A. No; I did not authorize him to receive it - I had sent him with several bills, and he brought the money - I did not give him
JURY. Q. Suppose any customer had brought this man a sum of money, would you have found fault with him for receiving it? A. Yes; if he had not paid it to me.
MR. CLARKSON to SARAH ROBINSON . Q. Did you know the prosecutor? A. No - I knew the prisoner was his servant by his bringing the bill - I had dealt with him but a very little while - I did not order the goods - my niece did.(The prisoner received a good character; and Anthony Elgar , No. 11, Ball's-pond, a green-grocer, engaged to employ him.)
GUILTY. Aged 19. - Recommended to mercy by the Jury .
Confined Three Months .
1618. DANIEL SMITH and THOMAS CHAMBERLAIN were indicted for feloniously breaking and entering the shop of William Cook , on the 10th of October , and stealing therein 5 boots, value 14s.; 2 shoes, value 6s.; and 1 last, value 6d.; his goods .
WILLIAM COOK . I am a shoemaker , and live in the Edgeward-road . My shop is on one side, and my house on the other, about twelve yards distance - on Friday night, the 10th of October, I fastened up my shop about five minutes before ten o'clock - I left every thing safe then - I went to bed about half-past ten o'clock, and at a quarter before eleven the watchman called me, and asked whether I knew that my shop window was open - I said, "No" - I got up and found it was open - the window was fastened when I left - there is a fastening to it, and there was one broken pane, but I should think a man could not get his hand through there - I missed five boots, one pair of shoes, and a last - my shop is in the parish of Paddington - I went round Bell-street the next morning, but could not find any thing of my boots - I went home, and got my breakfast, and went out again - I then saw Smith - he saw me, and ran off - I pursued, and took him with one pair of my boots on his feet.
WILLIAM WALKER . I am a policeman. I was on duty, and saw Smith and two others in company with a common prostitute, near the Red Lion, which is about two hundred yards from the prosecutor's, about a quarter before eleven o'clock on this night - I went round my beat, and there saw the two prisoners within twenty yards of the shop - I went round again, and then saw the window open, and heard of the robbery - I went round, and found one pair of buttoned boots, and one pair of other boots - I found this boot and a pair of shoes in the shed - I took notice of the boots that Smith had on - Chamberlain was with him - there were four in company.
Chamberlain. I was in bed at half-past eight o'clock.
JOHN GAMMON . (police-constable T 34). I took Smith into custody with these boots on his feet - Cook went back and found the old boots that Walker had seen on Smith - I tried them on Smith - they fitted him exactly.
JOHN MANNING (police-constable D 44). I met the prosecutor - he said his shop had been robbed - he was going in search of a girl named Miller - I found her, and took her to the pawnbroker's - she said she was the person who pawned them, and Chamberlain gave them to her - I went round Portman market, and found Chamberlain in the Caledonian public-house, drinking beer - I told him I wanted him for some shoes and boots stolen from Bowl-place, Paddington - he said he knew nothing about them - I asked him if he had sold Miller any - he said he had not - I then went to look for her, but she could not be found - I have a witness who saw her pay him for the shoes.
JAMES GREEN . I am a painter. On Saturday morning last Chamberlain came to the house where Miller lives, and asked her if she wanted a pair of shoes - she said were they his - he said no, he had to sell them for a shoemaker, and he wanted 3s. for them - she said she would not give that, and he said, "You shall have them for half-a-crown, but stop a minute, I will go to the man to ask if he will take that" - he went, and in a few minutes he returned and said she should have them - she gave him 2s. and sixpennyworth of copper.
Chamberlain's Defence. I went home on the Friday evening, and went to bed at half-past eight o'clock - the next morning I was going out, and a young man with a pair of boots, a blue coat, a velvet collar, and a white apron, asked me if I would buy the shoes - I took them to Miller, and she bought them for 2s. 6d. - the young man took the 2s. and gave me the 6d.( Henry Norris , No. 103, Titchfield-street, Cavendish-square; and Robert Shaw , Warwick-street, Golden-square, gave Chamberlain a good character).
SMITH - GUILTY . Aged 25.
CHAMBERLAIN - GUILTY . Aged 19.
Transported for Fourteen Years .
CATHERINE LITCHFILD . I am the wife of John Litchfield, of No. 41, Weymouth-terrace . On the 9th of August, about three o'clock, I was scouring the passage, and saw the prisoner come out of my parlour with something under his jacket - I followed him, and saw an officer, who took him - he had my husband's hat on, which I had in my hand five minutes before - it had laid on the drawers in the parlour.
GEORGE GREGORY (police-constable N 28). I followed the prisoner about two hundred yards - he saw me, and threw the hat down on the pavement - a witness took it up- I pursued the prisoner into another street - a person gave me the gown, and said the person who had been running, had dropped it - I followed the prisoner till he went to a shop, where I secured him.
GUILTY . Aged 19. - Confined One Month .
ELIZABETH REYNOLDS . I am the wife of Richard Reynolds, of No. 16, Polygon, Somer's-town . I took the prisoner to work for me as a charwoman - I knew her husband some years - she worked for me several days before I missed my shoes - I used to pay her what she desired - sometimes a shilling, sometimes less - these are my shoes.
The prisoner pleaded poverty.
GUILTY. Aged 36. - Recommended to mercy by the Jury .
Confined Seven Days .
1621. JOHN SMITH was indicted for stealing, on the 29th of August , 1 bed, value 2l.; 1 bolster, value 10s.; 1 pillow, value 3s.; 1 blanket, value 5s.; and 1 sheet, value 3s. ; the goods of James Stanton .
JAMES STANTON . I live in Crown-street, St. Giles's . The prisoner hired a first-floor back room of me for 3s. a week, two years and a half ago - he stopped four or five months - he left me in August, 1832 - he was single, and had plenty of work - he left a guinea unpaid when he left - I found there was no one in the room - I went in, and missed the bed, blanket, and sheet, and other things - I gave information, and searched every pawnbroker's shop, but have not found the property - the prisoner is a tailor - I found him on the 29th of August last - I met him in Old-street, close by where he lived.
Cross-examined by MR. PAYNE. Q. Did he keep the key of his room? A. Yes; I went in two or three days after he was gone - there were three or four other lodgers in the house - there is a private door the lodgers went in and out at - it is kept locked in the day time - it cannot be opened unless I open it myself inside - the prisoner's room door was locked - I opened it with a key of my own - I kept a bunch of keys - it was not a key made for that lock- it is usual with those who let furnished lodgings, to have keys that will open the lodgers' doors - I do not know whether that same key would open the other lodgers' doors- when I met the prisoner, I was riding in my chaise - I believe my horse touched his shoulder, and he looked up - I spoke with him for about ten minutes, but not about the rent- he could have gone off when he saw me, but I should very soon have gone after him - I do not know that he was in the habit of frequenting an eating-house in my neighbourhood - I saw nothing of him till I met him in Old-street - I know a man named Sweet - I have seen him in the prisoner's room, and in the street - I have been with him in a house, but I never drank with him - he came to my house, and said he knew where the property was, and dragged me about day after day, and wanted to extort half-a-sovereign from me - I said if he produced the property would give him half-a-sovereign.
Prisoner. I never had a key of the street door.
JAMES STANTON. I think he had, but I will not be certain.(The prisoner received a good character.)
GUILTY. Aged 23. - Recommended to mercy .
Confined Three Months .
JOHN KIRKWOOD . I am a mariner , belonging to the Spring. Between the 7th and 8th of October, about twelve o'clock, I was walking along Blue-gate-fields - I heard a man coming behind me - I took no notice, but he came close to me, shoved my arm on one side, and took my purse out of my pocket, with fourteen sovereigns in it - I have lost the purse and twelve of the sovereigns - two of them were picked up - I pursued the man till the officer overtook him - it was the prisoner.
SAMUEL PERKINS (police-constable K 117). I was on duty, and heard the prosecutor giving an alarm - I followed the prisoner till I took him into custody - he said, "What do you want with me?" - I said, "You have done something wrong, or why did you run away?" - he said he had done nothing wrong, but he ran because the man was running after him - he then said he was running to the fire, but the fire was southward, and he was running northward - I found nothing on him, but some persons heard him jink some money on the pavement - they got lights, and found two sovereigns.
HARVEY PIPER . On the night in question, there was a ship on fire - I was going there, and saw the officer running after the prisoner - I heard the sovereigns drop - we got lights - I found one, and my friend found another.
Prisoner. Q. What were you discharged from the police for? A. I was not discharged, I resigned.
WILLIAM HURST . I was passing down towards Shadwell basin, to the fire - I saw the prisoner pursued by an officer - I heard money jink on the pavement - I still ran after him, and, on my return, I found one sovereign.
Prisoner. I was running, not knowing where the fire was, in a different direction - there is no proof that I had possession of the money or the purse.
GUILTY . Aged 28. - Transported for Fourteen Years .
JOHN THROPP. I am an engineer in the Gas Company . When this happened, I lived at Hoxton. On the 7th of September, I was going home, and this prisoner accosted me, and asked me to go with her - I said I did not want to go with her, and, that I had no money - she clung to me and insisted upon going with me - I told her she was drunk - she still insisted upon my going with her - I said,
Prisoner. I am innocent.
GUILTY . Aged 18. - Transported for Seven Years .
Third London Jury, before Mr. Common Sergeant.
GUILTY . Aged 18. - Confined Three Months .
JOSEPH LLOYD . I live in Bartlett's-buildings. On the evening of the 22nd of September, I was in Holborn - I felt something touch my wrist - I turned, and saw the prisoner with my handkerchief in his hand - he dropped it in the gutter - this is it.
Prisoner's Defence. I was coming to my master's - this gentleman seized hold of me, and said I had his handkerchief - he picked it up out of the gutter.
- STEWART. I am a tailor. The prisoner was in my service, and was truly honest: I will take and employ him again.
GUILTY . Aged 16. - Confined Three Days .
JOHN SIMMONS . The prisoner was in my service - it was his duty to take home goods and receive money - I sent him with the bonnet to this witness - he never gave me the money, nor settled for it in any way - he had been, four months with me.
Prisoner's Defence. I had the misfortune to lose a sovereign, and my master stopped three shillings or half-a-crown a week for it - I could not afford to pay it, and I laid out the 4s. for food.
GUILTY. Aged 18. - Recommended to mercy by the Jury and Prosecutor . - Confined Fourteen Days .
1627. WILLIAM CLARKE was indicted for stealing, on the 24th of September , 1 watch, value 30s.; 2 watchkeys, value 10s.; 1 watch-ribbon, value 1d.; and 1 split ring, value 1d. ; the goods of John Ellis , the younger.
ELIZABETH ELLIS . I am eleven years old - I know the necessity of speaking the truth - my father's name is John Ellis - he lives at No. 4, Basing-lane . On the 24th of September, the prisoner came and asked me for a newspaper - I told him we did not take any paper, but my father had had a paper in the evening from Mr. Adams - I went up stairs to get it, and when I got into the room, he was behind me - I saw him take my brother's watch off a meat-hook - when he saw me he shut me in, and ran down stairs - I ran down, and cried "Stop thief."
Cross-examined by MR. CLARKSON. Q. What is your father? A. My mother is sextoness of the church - there was no one in the house - we have one lodger, but she was out - I was at the door, going to shake the mats - my brother's watch had been in the front room on the first floor- I had seen it in the morning when we were at breakfast - my brother breakfasted there - I do not know what time he went out - the prisoner said he came from Mr. Adams - when I saw him behind me, I was very much alarmed - I did not go into the street, only to the door - I saw the landlord of our house - I saw the prisoner again when they had taken him, which was not half an hour after he had been in the room - I swear he is the man, by his being in the same dress - he had the same clothes on as he has now - I did not look at his face - he had something of a white handkerchief with different stripes on it - it was not a white one altogether- I cannot say the stripes were not red - I do not know what trowsers he wore - he had a kind of a brown cap on - my brother's name is John - he is fifteen years old - he got this watch by saving up his money while he was in the Ward school.
JOSEPH TEASDALE . About eleven o'clock, I saw the prisoner running down the street with a brown cap in his right hand - I heard a cry of "Stop thief," and caught him in my arms - he threw himself down on his left side, and put his left hand down the grating of Mr. Rook's wine-cellar - I very soon had him up upon his legs again - I went afterwards, and found this watch under the grating.
Cross-examined. Q. Were there any other persons running? A. Yes; three or four - they were round the grating - I went to the grating in about five minutes - two other persons went with me - I went down behind them on the ladder - we found the watch under the grating.
Cross-examined. Q. How long have you had it? A. About eighteen months - I gave 30s. for it - it was all my own money.
GUILTY . Aged 16. - Transported for Seven Years .
WILLIAM PALMER . I am in the service of Mr. John Wakefield - he is a silversmith . On the 25th of September I had been to Goldsmiths' Hall, and in going home I met the prisoner in Aldermanbury - I knew him, as he had applied to my master for work - I had two silver sugar basins and two silver milk-pots, which I had fetched from Goldsmiths' Hall - the prisoner said he was going my way, and when we were in Wood-street, Cheapside , he told me to go up the stairs of a house, and ask for Mr. Peacock, and tell
Cross-examined by MR. CLARKSON. Q. You knew him before? A. Yes; and Mr. Wakefield knew him - I refused to let him hold my bag, but it had no string to it, and he took it from under my arm - Wood-street is two hundred yards from Friday-street - when I got up to him he was laughing, and he told the gentleman it was only a lark - he walked on to Watling-street, and I walked with him - he told the officer it was only a lark - I did not know the prisoner's name till I heard him give it at the Compter - I have seen him at Mr. Wakefield's, but I do not know that he has ever worked there - I did not tell him these articles were Mr. Wakefield's, but he saw me come out of the hall with them.
COURT. Q. Had he an opportunity of running away after you had taken the bag from him, as he walked to Watling-street? A. There were a good many people walking behind us.
GUILTY. Aged 20. - Recommended to mercy .
Confined Six Months .
2nd COUNT. Stating it to be the goods of a man unknown.
JAMES BACON . I live in Lamb's Conduit-street. On the 30th of September, I was on Blackfriars' Bridge - I saw the prisoner put his left hand into a gentleman's right hand pocket, and take out a handkerchief - he passed it into his right hand - the officer took him by the collar, and he dropped the handkerchief.
THOMAS BROWN . I am an officer. I was on Blackfriar's Bridge - I saw the prisoner with his hand in a gentleman's pocket - he drew out this handkerchief - I laid hold of him, and he dropped it - the gentleman gave the name of Withers - I do not know what his name was.
GUILTY . Aged 15. - Transported for Seven Years .
OLD COURT. - Monday, October 20th.
First Middlesex Jury, before Mr. Common Sergeant.
GUILTY . Confined Three Months .
WILLIAM ARNOLD . I am a green-grocer , and live at Kensington. On the 18th of September I turned my mare out on the green in Addison-road, Kensington , about eight o'clock in the evening - I went after her about twenty minutes before five o'clock next morning, and she was gone- I found her at Kensall-green, Harrow-road, in the custody of Brown, the constable - it was the mare I had lost.
Prisoner. Q. Where did you buy her? A. At Smithfield, of Mr. Butcher.
EDWARD BROWN . I am constable of Wilsden. In consequence of what I heard, I went down to Old Oak Common, and met the prisoner with a mare, in a cart, near Wilsden - I met the prisoner in the lane, with two men - the mare was in the field just by - I did not meet the prisoner with it - I met him in possession of Hallett and his son - I said to him, "How came you by this horse?" - he said, "It is my brother's."
WILLIAM HALLETT , JUN. I live at Shepherd's Bush. In consequence of something which happened, I made a search, and found the prisoner in Old Oak-lane, about ten minutes past eight o'clock in the morning - he had the mare out of the cart, about one hundred yards from the cart - the prisoner was between the shafts of the cart - he had the collar and traces (but no bridle or saddle) hanging to the shafts of the cart - the mare appeared to have drawn the cart - I asked who that mare belonged to - he said it belonged to him, or his brother, it did not matter which, for they were all one - there was no other horse there - I asked him to go with me - he said he would go with the greatest pleasure - I and my father took him along, and gave him to Brown - Arnold claimed the mare, which the prisoner said belonged to his brother.
Prisoner's Defence. The mare was lost from the Lord of the manor before he bought it - it was in St. Giles's pound- I work for the Lord of the manor, who is Sir Thomas Hallett , of St. Giles's, in the Aylesbury-road - she belonged to my brother at first, and she was taken in a very bad way, and took to the Red Lion, over Westminster-bridge, as you go to the Elephant and Castle; and he ordered me, on the 5th of July, if I saw the mare and cart, to take it back to the Lord of the manor - I wrote for my brother to come here - I had been to Covent-garden that day, and rode home with a man named Reed - between Chelmsford and Romford I saw this mare and cart in the road, and went on with it.
GUILTY . Aged 32. - Transported for Life .
Before Mr. Justice Gaselee.
NOT GUILTY .
Before Mr. Common Sergeant.
GUILTY . Aged 18. - Confined Two Years .
1634. SARAH ANN WOOD was indicted for stealing, on the 4th of October , 1 blanket, value 4s.; 2 shirts, value 2s.; 1 handkerchief, value 18d.; 1 petticoat, value 2s.; 5 yards of calico, value 2s.; 3 aprons, value 18d.; 1 jacket, value 4d.; 1 petticoat, value 4d.; 1 bed-gown, value 6d.; 1 shirt, value 1s.; and 1 quilt, value 1s. ; the goods of William Tinsley .
MARIA TINSLEY . I am the wife of William Tinsley . We lodged in the prisoner's house at Kingsland - we went out hopping, and locked our door - we were absent five weeks - the articles named in the indictment were in our room when I left - when we returned we found our lodging plundered - the prisoner told me my place had been robbed, and that it was by her taking a lodger, who had, by some means, had got into my place, and robbed it - she owned she had got several duplicates - she did not produce them till she was apprehended.
Cross-examined by MR. JONES. Q. Are you married? A. I am. My husband is a cordwainer, and lodges at the prisoner's house - she gave me the things on the 4th and 6th of October - she gave me the first articles in her own parlour - I did not tell any body of this till the policeman asked me the question, which was nearly a fortnight after I pawned them - the prisoner was then in custody - I never pawned for her before - I never heard it said that I had taken the things - I am certain she asked me to pawn them - I think it was after dinner - it was not dark - I gave her the money- she said she intended to redeem a blanket with the money- I pawned them in my own name - I did not doubt their being Wood's.
Prisoner's Defence. Mrs. Tinsley went out - I do not believe she did lock her door, for she left her window open- a poor woman came to lodge with me, and came backwards and forwards, but I had no idea she would go up to their place - I picked up the duplicates, and a blanket and purse - I asked her whose they were, being convinced it was not right - I went up stairs, and found the prosecutrix's door open - as soon as they returned, her husband came in, in very great haste, and asked me for some warm water to clean her donkey's eye, which was hurt; and, directly they came in, I told them I was sure they had been robbed - previous to this I had asked Holman to pawn these things, to get the blanket out, thinking they were my daughter's, and not the prosecutrix's - I redeemed the blanket - the prosecutrix said that was not all - I said, "I will make you recompense for the rest" - I let her have a pig worth 12s., and forgave her 6s. which she owed me for rent, that she should not be angry - I agreed, as to the two duplicates and things pawned by Holman, that I would take them out, and if any belonged to her she should have them - I hunted nearly two days for the woman, and when I came in at night she fetched a policeman to take me, saying she would have her revenge.
MARIA TINSLEY re-examined. I did not agree to take one of the pigs for part of the property - she wrote a note, and laid it down on my table - I said I wanted nothing of the kind, for it was as hard for her to lose a pig, as for me to lose my property - I never suspected her till two of the duplicates were found - she offered us a pig not to make a disturbance about it, as her husband knew nothing of it - she gave 2s. 0 1/2d. to get my blanket out - I agreed to that- she said she would redeem the rest of the property in a week - I did not say afterwards that as it was not redeemed I would have my revenge, nor agree to take any thing for the property.
MRS. HOLMAN re-examined. I have known the prisoner three or four years - I never heard her character questioned before - she is rather in comfortable circumstances - she had five pigs - I heard Mr. Tinsley say they were going to have one of the pigs, and he had agreed to find potatoes, and fatten it; and, afterwards, Mrs. Tinsley said she had got a paper that her pig was paid for - she afterwards said, she was given to understand that Mr. Tinsley would be taken up for a robbery, if he took the pig from the stye - she did not tell me she was to have the pig for the property lost - she was talking about the property lost, and said what use was the pig to her, for she wanted her property she complained that Mrs. Wood had not got her property back, and she would have her revenge.
Prisoner. I found the duplicates of the things, and got them out, and got Mrs. Holman to pawn them to get the blanket out - I took nothing out of the room - the instant I found the duplicates, I turned the person out of the house- her name is Maria Hinton - I did not know whether they were hers or not - they were pawned with the same pawnbroker at first.
WILLIAM STAPLES . The things were never pawned with me before, to my recollection - I know nothing of Hinton - I do not think any goods were pawned by her - I think the blanket was pawned before in the name of Wood.
JURY to E. HOLMAN. Q. Do you know Maria Hinton ? A. No - many persons used to come backwards and forwards, but I do not know their names - the prisoner never showed me any duplicates which she had found - I know nothing of her searching for Hinton, but she was several days in search of somebody - she told me it was a person in one of the rooms who had done a robbery.
GUILTY . Aged 53. - Confined Six Months .
Third London Jury, before Mr. Common Sergeant.
JAMES CUMINE . I live in King-street, Southwark. On the 8th of September, about one o'clock in the morning, I was in Cheapside, near Foster-lane - the prisoner came up, and thre wher arm round my neck, all on a sudden, and with her other hand began to pinch my thigh, and asked if I would go with her - I said, "Hands off; do not handle me" - she ran off immediately - I felt in my pocket, and found my purse gone - I ran round the front of the Post-office into St. Ann's-lane, calling a watchman to follow me
Cross-examined by MR. DOANE. Q. You swear you saw the watchman take it from her hand? A. I do positively - it had three sovereigns in it before, and they had been taken out - in going to the watch-house, she dropped the sovereigns - the watchman picked them up - I heard more than one fall from her - the watchman could only find two - I heard them fall from her - I had about 4l. when I came from home, between nine and ten o'clock in the morning - I am employed in the City - I met her soon after one o'clock in the night - I had been to the Albion Tavern, and dined with about 120 gentlemen - I had very little wine, and was as sober as I am now - I went to the watchhouse - I did not charge the watchman with taking one of the sovereigns; nor any one else - I said there were three sovereigns taken from me - I saw I had three sovereigns and a half and a little silver safe at the Albion - I was not two minutes with the prisoner.
JAMES WELLS . I am a constable of Aldersgate-street. The prisoner was brought to the watchhouse between one and two o'clock in the morning - the prosecutor charged her with robbing him - I found nothing on her - the watchman handed me the purse.
Cross-examined. Q. Was the prosecutor quite sober? A. He seemed very talkative - I presume he had been drinking - he talked rational enough - I should say he was the worse for liquor - the prisoner appeared quite delirious when I told her the situation she was in - she said, "Oh my child" - there was a half-sovereign in the purse - I asked the prosecutor what he had been robbed of - he said, three sovereigns more - I said, "Who has got them?" - Martin said, "I have one, and Vine has got the other" - the money was produced, and I had it marked - Vine is a watchman - he is not here.
HENRY MARTIN . I am a watchman. I took the prisoner, and on her person I found the purse containing the half-sovereign - in taking her to the watchhouse, some sovereigns dropped behind her - Vine picked up one - nobody could have dropped it but her - I swear she dropped it - I took her to the watchhouse.
Cross-examined. Q. Was there another watchman with you at the time? A. Yes; I saw her drop the sovereigns behind her - one watchman was on each side of her - we each had hold of her arms - she put her hand behind her and dropped them - I took her to the watchhouse.
Prisoner. The watchman swears falsely - he did not take the purse out of my hand - he told the constable of the night that he found it on the pavement.
GUILTY. Aged 20. - Recommended to mercy . - Confined Four Days, and delivered to her husband, who engaged to receive her .
MR. CLARKSON conducted the Prosecution.
GEORGE FASCUTT BYFIELD . I am in the service of Mr. Clark, a slopseller , in the Minories . He employs a great number of hands - the prisoner was his salesman - waistcoats would pass through his hands in the course of his employment - we make up a great number of waistcoats - I have seen some waistcoats in the possession of Bradley, the pawnbroker, since his apprehension, which belong to Mr. Clark - they were manufactured at his warehouse.
Cross-examined by MR. PHILLIPS. Q. Does Mr. Clark sell waistcoats? A. Yes; he generally sells a quantity together, from 5l. to 500l. worth of goods - not waistcoats alone - he sells them with other clothing - I have known him sell fifty waistcoats at a time - I cannot undertake to say they were not sold - our waistcoats are made up in a particular way.
MR. CLARKSON. Q. Are you sure these were manufactured at your warehouse? A. Yes; I know the prisoner's handwriting - I will not swear these three letters are his handwriting - I believe them to be so - I have seen him write scores of times.
AMBROSE BRADLEY . I am a pawnbroker, and live in Great Tower-street. I know the prisoner perfectly - I produce twenty-three waistcoats - here is one which the prisoner pawned himself on the 15th of February.(One of the letters being read, contained an account of various places where the prisoner had pledged waistcoats, and solicited forgiveness.)
Prisoner. I throw myself on the mercy of the Court.
GUILTY. Aged 39. - Recommended to mercy . - Confined Three Months .
MR. CLARKSON conducted the Prosecution.
EFFINGHAM WILSON , JUN. My father, Effingham Wilson, is a bookseller , at the Royal Exchange . The prisoner was his apprentice - on the 5th of July he was in his service - we send him to the wholesale houses for books - we enter the books required in this book - on the 15th of July, he was to get Beckford's Italy - it was entered in this book in his own handwriting - the entry is, "Beckford's Italy," and against it he has put the cost price, 18s. 9d. - he was sent that day for that work among others - he received money from me to pay for it - I gave him, to the best of my belief, 2l., and afterwards 5l. - it was his duty, when he got the book, to pay the sale price, 18s. 9d., or to sign for it in their book at 19s. 6d., which would be the credit price - I gave him money to pay for it - he brought it back when he returned - the 18s. 6d., entered in his book denotes that he has paid for it, as he represents - we have received an account from Messrs. Longman - they charged 19s. 6d., the credit price for the book - I am not in partnership with my father.
WILLIAM SHARP . I am in the service of Messrs. Longman. I have our book with me - on the 15th of July, the prisoner came to our house, and had Beckford's Italy among other works - he did not pay for it - it was put down to Mr. Wilson's account, and the prisoner has signed his initials to it as having received it.
GUILTY . Aged 39. - Transported for Seven Years .
First London Jury, before Mr. Common Sergeant.
GUILTY . Aged. - Confined Nine Months .
SAMUEL JOHN WILKINS was indicted for a misdemeanour .
MR. PHILLIPS conducted the Prosecution.
JOSEPH MILLINGER . I was originally a diamond merchant, but have been in misfortunes. The prisoner owed me about 25l. - I met him on the 27th of June, on the Royal Exchange - he said he was very happy to say it was in his power now to pay me, for that his wife's aunt, Mrs. Ann Bradshaw , had died, and left his wife 2,000l. - that the money was in the funds - he tendered me this 50l. Bill of Exchange - he stated that the money in the funds could not be sold out till the middle of July, and the Bill of Exchange was given to him by the executor under the will, James Wade Alexander , Esq., in lieu of money which he wished to borrow of him to pay some trifling debts - he said Mr. Alexander lived at Maidstone, and was a gentleman living on his property - I ultimately cashed the bill for him, and deducted my own debt of 25l. - I paid him 25l. - he gave me this paper at the same time as I gave the cash for the bill - I saw him write it - I went to Maidstone and made inquiry there for Mr. Alexander, but could find no such person.
Prisoner. Q. Who did you inquire for? A. James Wade Alexander - I was a bankrupt twenty-two years ago, under the name of Joseph Van Millinger - that is my name, but I very seldom make use of it - I have not signed my name as Joseph Van Millinger for twenty-two or twenty-four years, I think - I was a bankrupt not six months after that, in consequence of being but a boy - I had a wife with 2,000l., and before I was fourteen months in business I was plundered of all my property - I was made a bankrupt, and, fool-like, gave my creditors bills for 20s. in the pound - I paid several of them, but could pay no more, and was made a bankrupt again, but not one of the creditors was allowed to prove 1s. - I was not then twenty-one years of age - I was a bankrupt about fourteen years after that, and I am proud to boast I paid my creditors 20s. in the pound under my third bankruptcy, which was in 1814 - I was made a bankrupt under the name of Joseph Millinger then - I was made a bankrupt twelve months ago - my losses were 22,000l. in five years, and the whole amount of my debts not 3,000l. - my certificate was signed that very day by every creditor - George Hedger was the petitioning creditor - he and Mr. Isaacs were assignees.
Q. Were you not made a bankrupt by Mr. Hedger in consequence of a verdict obtained against you? A. No - it was three or four months before that, or probably more- a man named Solomons levied an execution on my goods, under a warrant of attorney - Mr. Jessel never entered up judgment against me - Solomons, my brother-in-law, purchased the goods I now have, under a bill of sale - I never was burnt out of my house - I had an accident fourteen years ago, my wife was nearly burnt to death by the bed clothes catching fire - I was insured for 2,500l., and my claim was 80l. - my doctor's bill was nearly 120l. - I had fires three times at my factory - the last time was twelve months ago - the whole was burnt down - it cost me 1,100l., and I was not insured for a shilling - my first fire was fourteen years ago - the last was about twelve months ago - my whole factory was burnt down - I had a factory in Whitechapel about three years ago - there was an accident there, but it was not insured - they will not insure a wadding factory - I never received 90l. nor 70l. from the Insurance Office.
Q. Did you on the last trial, prosecuted by your son, swear you received the sums of 120l., 90l., and 70l.? A. Certainly I never did - I have been indicted for a conspiracy with my present attorney, by Mr. Jessel, and was found guilty - I am not under the conviction now - a rule nisi was granted on account of affidavits of a Jew lawyer, Saul Yates , having perjured himself.
Q. When did you see me after you gave me the cash for the 50l. bill? A. Never but once - I met him two or three days after - I swear solemnly that the memorandum was given to me before I parted with 1s. of the money - I had the bill in my possession a few hours before I parted with the money, to go and inquire of the party you recommended me to, Mr. Alexander, a broker - the 27th of June was the only time I saw you on the bill business - it was not in my possession six hours - I took it to Bank-buildings - the paper was the principal thing that caused me to part with the money - I never abandoned this charge - the first charge I apprehended you on was on this bill for forgery, or fraud, or something - I applied to the magistrate at Lambeth-street- I first apprehended the prisoner for fraud - he was committed into custody from that office to the Lord Mayor, because it was found the business was transacted in the City - the charge I made before the Lord Mayor was, for obtaining the money by fraud, and I made no other charge - I never offered to compromise this charge, although two or three parties were sent to entrap me - the charge of fraud was never abandoned - the prisoner was indebted to me 25l., for a bill of acceptance - two years prior to which he brought to me, representing it to be on a respectable solicitor - I sued both parties on it, the debt and costs were 25l. - a cognovit was obtained from the drawer, but in consequence of his poverty I would not allow my attorney to go on against him - Tippin was the acceptor - he never accepted a bill for me on that account at all - it was for money he owed me a balance of 70l. - I received a dividend of 6s. 8d. in the pound on 170l., and he gave me a bill for 15l. it has nothing to do with the present bill - it was two years ago - he did not give it me on my undertaking not to oppose him in the Insolvent Court - I never intended to oppose-him.
MR. PHILLIPS. Q. Did you ever state with respect to your insurance and the fires any thing contrary to what you have stated to-night? A. Nothing - I did not on the last trial state different to what I have to-night - the prisoner has never produced, or offered to produce, Mr. Alexander, the executor, to me - I never should have parted with a shilling, except on the authority of that paper - he never produced the will to me - the magistrate offered to admit the prisoner to bail - he has given seven or eight notices of bail - they have been examined and rejected.
COURT. Q. This transaction took place on the 27th of June? A. Yes; at the Bank Coffee-house, opposite the Bank of England, between twelve and two o'clock - I paid the 25l. at that time - I went to make inquiry of Robson, No. 6, Bank-buildings, before I paid the money - my inquiries were respecting the bill, and respectability of Alexander - the prisoner told me the bill was given him by Alexander before I went to make the inquiry - I paid him
EDWARD CUSHION LINEY. I am a solicitor. The prisoner was in my employ - I have seen him write many times- (looking at the paper) I believe this to be his handwriting - I believe the signature to it to be his handwriting - I have no doubt of it (read) - "A bill of 50l. drawn by me, and accepted by J. W. Alexander, as the executor of the late Mrs. A. Bradshaw, under whose will my wife is entitled to 2,000l., subject to a small deduction."
JOSEPH ANGUS ROBSON . I am a bill-broker, and live in Thaives Inn, Holborn. The defendant offered me this bill for the purpose of being cashed - he told me his wife had lost a relation who had left her 2000l. - that Mr. Alexander was executor under her will - I meant to discount the bill on his telling me that, but I did not - he said Alexander lived at Maidstone, in Kent - I had only known the prisoner a few months - I have seen him write - the signature to this paper is his handwriting.
Prisoner. Q. How often have you seen me write? A. Once, at my office.
MR. PHILLIPS. Q. Look at the signature to the bill, whose handwriting do you believe it to be? A. I believe that to be the defendant's.
THOMAS DOUGLAS. I am assistant at the debtor's prison, Whitecross-street - I know the defendant - I could not swear to his hand-writing - I do not know that I have ever seen him write - I have seen him at the prison several times- he was clerk to an attorney, and came to follow his occupation there - we had a Mr. Alexander in gaol at that time - I have my book here - he was in prison on the 29th of August, 1831, and was discharged on the 10th of November, 1831, under the Insolvent Act - he was in custody for debt afterwards, in December, 1832, and was discharged May following, by a compromise of 5l. being paid from a charity - I have seen him and the prisoner conversing together, and walking the street together, many times near the prison and in Fore-street, after the discharge from Whitecross-street, walking about as acquaintances - his name in my book is James Wade Alexander - his initials were J. W.
Prisoner. Q. I believe you have known me some years? A. As coming in and out of the prison; prisoners have made complaints of you, as well as others - I never knew the prisoner to transact business for Alexander - he knew he was imprisoned for debt.
MR. ROBSON re-examined. I have been to Doctors'-commons, and made inquiry if there is any such person as Alexander, executor to Mrs. Bradshaw - I searched the books, but could find no such will as Bradshaw's, nor executor as Alexander.
Prisoner's Defence. It is a painful duty to address you, not only because I have never been in the habit of speaking in public, but because I have to contend against the evidence of a man not worthy of credit. I will state the real facts, and on the evidence I will produce, leave you fully convinced that Millingen is not worthy of credit - he has said I owed him 25l., and how the 25l. originated - he says the debt never was paid - but I know it was paid in the beginning of last year - when this bill was put in his hands, I was not in his debt - I gave it to him, explaining that it was an accommodation bill - I admit that I had the money, and he sold me a gold watch as part of the consideration, for which he charged me fifteen guineas, deducting the remainder as discount - he never applied to me for payment of the bill when dishonoured - he never let me know it, but apprehended me on a charge of stealing the watch - I was tried here last Sessions, and the Jury, without the slightest consideration, acquitted me - in order to keep me in prison, he preferred an indictment for fraud - I have not, to my knowledge, given more than one notice of bail, and he went to those persons and so alarmed them, that they never came forward, though he says they were all examined and rejected - he explained the serious consequences of becoming bail for any person in Newgate - I do not know that it is necessary for me to say much - you are not to be led away by any thing I or counsel can say - respecting the memorandum, I acknowledge it is my writing, but certainly it was not given to him at the time the bill was discounted, nor till three days afterwards, when he met me at the Royal Exchange, and asked me for it, stating the purpose for which he wished it, and that it should never prejudice me - he did not discount the bill on any representation of mine - he knew that it was an accommodation bill, and for what purpose I wanted money - he was from the 18th till the 27th of June satisfying himself of the statement I made before he parted with the money, and it was nothing but the extraordinary discount, the great benefit he expected to derive, that made him do it - he is a discounter of bills - I will prove he offered to compromise the charge for 45l. last week - 25l. to be paid down, and security for the rest in twelve months - I believe he made the proposition to a witness, in consequence of her going to him to know if he intended to prosecute me, and the dangerous illness of the whole of my six infant children - he then said he did not wish to prosecute if the matter could be compromised - he offered his own terms, and told the witness to go to his house in the evening, at Hackney, and it might be settled - when it was told to me, I rejected it - I preferred going before a Jury and taking their acquittal, or be found guilty there, as without going into the world honourably acquitted, I may as well be transported.
ZADOCH AARON JESSALL . I am a diamond merchant, living in Finsbury-square. I have known Mr. Millingen some years - my first transaction with him was a very few months before his first bankruptcy, thirteen or fourteen years ago, or I should suppose nearly twenty - he was indebted to me very largely - I indicted him for a conspiracy- I think him a person not worthy of credit on his oath.
MR. PHILLIPS. Q. I believe you and he are on bad terms? A. Certainly we are; five Juries have decided that he is guilty of corrupt perjury and conspiracy - a rule nisi for a new trial has been granted, but not argued.
COURT. Q. The one case does not apply to the five Juries? A. No.
ELIZABETH WILKINS . I am the prisoner's sister. I saw Mr. Millingen last Tuesday - he told me he would settle the prosecution for 45l. - he said he would not appear against him for the sum of 45l., half money and half in security for twelve months; my own security and my brother's, or any body's, not the prisoner's - I had no authority
COURT. Q. You made the proposition to him not to appear? A. I did; I proposed to him to know what he would settle it for, and, after some hesitation, he proposed to settle it for 45l. - I told him I would consult with my brother, and know what he would assist me in - I was to let him know that evening at his house at Hackney, at half-past eight, either in Well-street or Hackney-terrace, I think it was - I met him at the Bank Coffee-house, and from there walked with him into the Exchange - the conversation took place on 'Change, in the middle of the day- I saw the prisoner next day - I did not see Mr. Millengen after seeing him.( Michael Ryan , a builder, and John Allen , of Mount-terrace, Whitechapel, gave the prisoner a good character.)
GUILTY . Aged 44. - Confined Six Months .
NEW COURT, Monday, October 20th, 1834.
Fifth Middlesex Jury, before Mr. Rocorder.
1640. RODOLPH LEONDHART was indicted for stealing, on the 6th of October , 1 purse, value 1s.; and 11 sovereigns ; the goods and monies of Heinrick Kroog .(The prisoner, being a German, had the evidence explained by an interpreter.)
HEINRICK KROOG. I am a cabinet-maker . I lodge in Hans-place, Knightsbridge - the prisoner lodged in the same room. On the 6th of October I had eleven sovereigns in a purse, in my trowsers pocket, which were in a chest - the prisoner's clothes were in the same chest - I missed the money that evening - I went in search of the prisoner, and found him in a public-house - I asked if he had my money - he said he knew nothing about it - I got an officer, and had him searched; 10 sovereigns and 17s. 5d. were found on him, and my purse - he then said he had never done any thing of the kind, and he had done this in a desperate act, on account of his brother, whose conduct was not right, and he did it out of melancholy - he did not state what his brother had done.
JOHN WILKINSON (police-constable C 147). The prisoner was given into my custody on the 6th of October, about nine o'clock in the evening, at the Horse and Dolphin, in Greek-street, Soho - I found in his trowsers pocket this purse, with 10 sovereigns and 17s. in it, and 5 1/2d. loose in his pocket.(The prisoner put in a written defence, stating, that on his going to the box for his own clothes, the purse fell out of the prosecutor's pocket, and he put the money in his pocket, in order to restore it when he saw him.)( Henrick Tage , a cabinet-maker, gave the prisoner a good character.)
GUILTY . Aged 22. - Confined Three Months .
JANE TOREY . I live with George Webb , a linen-draper ; in Shoreditch . On the 29th of September I was behind the counter in the evening - the prisoner, Smith, came in with a man, who is not in custody - the man asked for a piece of ribbon - he looked at some, and hesitated, and said, "Have you not something better?" - I showed him some better, and then he said he wanted it stouter - I showed him some other, he then said, "Have you not something different?" - I said, "This is what we sell for shoe-ribbon" - Smith stood behind him the whole time - I asked him if they belonged together - he said,"Yes" - I cut the man off a yard of ribbon, and he put me down 6d. - I went to the till and gave him change - he hesitated a moment, and I said, "Is there any other article?" he said, "Yes; I will take a ball of worsted" - I went to get it, and gave it him - he then gave me a penny, and they went out of the shop - a woman came in, and from her information I ascertained that I had lost a piece of merino from off the counter.
Cross-examined by MR. STAMMERS. Q. Was any body else in the shop? A. When they entered, a woman was just leaving.
MARIA SMITH . I am single, and live at No. 184, Church-street, Shoreditch. On the evening of the 29th of September, I happened to be looking in at Mr. Webb's window- I saw Hensby and Jones looking in at the other window- I then saw Smith come out of the shop, and another lad with him, who is not in custody - the other lad had a piece of merino - Smith said, "Over the road and down the alley," and they all ran off together - they ran about half-way across the road, then separated; and Smith and the one not in custody, went down the alley, and the other two went on to Bishopsgate - I gave information to the witness - the merino appeared to me to be a puce colour by candle-light.
Cross-examined by MR. CLARKSON. Q. Had you known them before? A. Yes; all the four.
Cross-examined by MR. HEATON. Q. Was the person who is not in custody, a man or a boy? A. A young man; I suppose he is twenty or twenty-one - he ran down the alley and Smith after him - I had known Smith before- the other had the merino - I saw it in his right hand just by the door - he was not running at that moment - I saw it fly open, and I know it was merino - I will not swear it was- it was about a quarter-past seven o'clock in the evening.
Cross-examined by MR. HEATON. Q. How long before had you seen it? A. About ten minutes, I had shown it to a customer.
GEORGE WEBB. I live at No. 18, Shoreditch. I had the piece of merino in my shop, and missed it - it has not been found since.
Cross-examined by MR. CLARKSON. Q. Have you any partner? A. No - this was my own property - I do not pay any person in my employ according to the profit I make.
ROBERT McGOVERN (police-constable H 53). On the evening of the 29th of September, I apprehended the three prisoners together in a public-house at the back of Shoreditch church, soon after ten o'clock - I found 1s. 10d. on each of two of them, and 1s. 7d. on the other.
SMITH - GUILTY . Aged 13. - Transported for Seven Years .
HENSBY - NOT GUILTY .
JONES - NOT GUILTY .
ROBERT CUTHBERT was indicted for stealing, on the 9th of October , 6 planes, value 6s.; 2 saws, value 8s.; 1 stock and 6 bits, value 6s.; 3 squares, value 1s. 6d.; and 1 pair of compasses, value 1s. ; the goods of Joseph Coxill .
JOSEPH COXILL. I am a cooper , and live in Upper Seymour-street, St. Pancras . The prisoner worked for me as journeyman up to the 9th of October - on that day I missed a plane, and a stock, and bits - I afterwards missed some other things - I went to the prisoner's house, and told him he had stolen these things, and if he did not produce them in an hour, I would get an officer and have him taken - he indignantly turned round and said, "You cannot mean me"- I said, "Yes, I do" - I got an officer and gave him into custody: as he was coming out of his door he said,"Mr. Coxill, I want to speak to you" - I went to him - he struck a violent blow at me, but I just moved and avoided it.
Prisoner. The stock and bits are mine - I worked with them, and took them on the Saturday night to bring them on the Monday morning - if he would have given me time, they would have been redeemed - he gave us a supper - my wife came, and he ordered her away - when I went home I had some words with my wife, and then I took to drinking.
Prisoner to MR. COXHILL. When I went to work for you, I asked if you could lend me a trifle of money to get some tools - you said I might have your tools, but you must deduct 3s. a week for them.
MR. COXILL. I did not deduct any thing for the use of the tools - I said he might come and work with them if he liked. NOT GUILTY .
1643. LOUISA COLEMAN was indicted for stealing, on the 18th of October , 1 counterpane, value 2s.; 1 blanket, value 3s.; 2 sheets, value 3s.; 1 bolster, value 2s.; 1 pillow, value 3s.; 1 flat-iron, value 8d.; and 1 windowblind, value 1s. ; the goods of John Allen .
ELIZABETH ALLEN. I am the wife of John Allen . I keep a clothes shop in Curtain-road . The prisoner took a lodging of me on the 6th of October - I afterwards went into her room and missed this property, which had been let to her with the lodging - I asked her why she took the things - she said if I would give her time she would get them - I asked her for the duplicates - she refused to give them to me and I got an officer - she then gave the duplicates- I went with her to Chiswell-street, where she said her son's master would lend her money to get them, but he would not - she had paid no rent - these things are worth 9s. or 10s.
JOHN BOARD . I am a pawnbroker. I have a pillow and blanket which were pawned with me - I know the prisoner by seeing her at my shop - I do not recollect whether she pawned these - these are the duplicates.
The prisoner pleaded poverty.
GUILTY. Aged 39. - Recommended to mercy . - Confined Five Days .
1644. GEORGE DUKE was indicted for stealing, on the 19th of August , 2 sovereigns; 1 half-sovereigns; 8 half-crowns; 20 shillings; 2 sixpences; and 5 pence in copper ; the monies of Thomas Hemingway .
THOMAS HEMINGWAY. I keep the King's Arms, Mile-end-road . On the second day of Camberwell fair, in the month of August, I saw the prisoner at my house - I afterwards heard where he was, and went and took him.
THOMAS HEMINGWAY , JUN. On the second day of Camberwell fair, the prisoner was my father's pot-boy . He came in with his pots in the afternoon - a person came respecting change for a 5l. note, and I gave the prisoner a pot of cyder, and told him to take it to No. 24 in the square, and tell the person they should have the change in an hour- he came back again, and said the lady would be obliged if I could let her have some change, and I gave him 19s. 4d. - he came back again, and said the lady would be obliged to me to let her have the change, as she wanted to go out, and had no change - I then gave him two sovereigns and a half-sovereign in gold, and 1l. 10s. in silver; which, with what I had sent before, made up the change - he asked for a bag to put it in, and put it into his pocket, he said he would carry it safely, and bring back the note - he went away, and did not return - it was my father's money - I told him to take it to Mrs. Rose - I delivered it him by way of change for the note - he was not to give that till he got the note.
GEORGE BULL . I live with my father, at No. 4, Belgrave-place. I met the prisoner near his master's that day- he said he would give me a penny to go in and tell Thomas, or any one I saw in the bar, that No. 24 in the square wanted change for a 5l. note, and a pot of cyder - I went in, and saw Thomas, and told him - the prisoner gave me the penny.
MARY ROSE . I live at No. 24, Beaumont-square. I am a customer of Mr. Hemingway's - during Camberwell fair the prisoner brought the cyder to my house - I had not ordered it, but I have a friend who sometimes does order it, and sends it home to me - I asked the prisoner if it was paid for - he said "Yes;" and left it - in about an hour Mr. Hemingway's man came, and asked for a note - I had had no change nor had any note - I had had change of Mr. Hemingway about three weeks before for a 5l. note.( Samuel Wakely , a fishmonger, George-street, Stepney; and Mrs. Wakely, gave the prisoner a good character.)
GUILTY .* Aged 15. - Transported for Seven Years .
GEORGE HARRISON (police-constable K 64). I saw the prosecutor, the prisoner, and another woman in the oyster shop. I afterwards heard an alarm - I went up - he said the prisoner had robbed him of two half-crowns - she said,"Did not you give me the money to sleep with you?" - he said, "No" - I took her to the station - she declared to Almighty God that she had but 2 1/2d. about her, which she produced from her bosom - I found this half-crown in her left breast.
Prisoner's Defence. That half-crown was given me to bury my child - the prosecutor wanted me to go home with him - I said I would not, and he gave me in charge.
GUILTY . Aged 22. - Transported for Seven Years .
1646. JANE GARRETT was indicted for stealing, on the 9th of October , 1 basket, value 3d.; 1 shawl, value 1d.; 1 pair of shoes, value 2d.; 1 Bible, value 1s.; 1 chair, value 6d.; and 1 apron, value 1d. ; the goods of John Elliott .
JOHN ELLIOTT . I live in Albion-place, St. George's . I have known the prisoner about three months - on the 31st of August my wife and I went hop-gathering, and left the prisoner in charge of our house - we returned on the 9th of October, and found the door was locked - we got in at the window, and missed the articles stated, and a great many more - every thing was gone but an old chair - we found the prisoner in a public-house - she had this shawl, apron, basket, and shoes with her - I had been two days looking for her - she had before behaved decently.
Prisoner. I lent your wife two half-crowns when you were going into the country. Witness. We had let her lodge there - she gave us 5s. for her lodgings, and said she would take care of the place while we went into the country.
Prisoner. I own to selling the chair, but it was to support the cat while he was gone - I left every thing safe when I went to my sister.
JOHN ELLIOTT. These are my things - I lost two beds, tables, and chairs, and other things - the whole, perhaps, worth 2l.
GUILTY . Aged 44. - Confined One Month .
WILLIAM HOLDEN . I am a jeweller , and live in the Quadrant, Regent-street . The prisoner came and bought a thimble - she came again in two or three days, and left it to be engraved - she then asked if I sold watches - I said"No," but I had one, and I showed it to her - she came again on the 16th of September for the thimble, and asked if I would send my boy with the watch to No. 40, Golden-square, where she lived, for the cook to look at, and if she approved of it the money would be returned - I sent it by the boy - I did not tell him he was to bring the money back, but he heard me tell her it was to be 2l. 8s.
WILLIAM TIMPSON . I am errand-boy to the prosecutor. He desired me to go with the prisoner to No. 40, Golden-square, and take the watch - when we got to No. 38, she asked me for the watch, and I let her have it - (there is no No. 40) - she said she would let me in at the private door in five minutes - she went round the corner, and went off.
GUILTY . Aged 23. - Transported for Seven Years .
SAMUEL PHILLIPS . I live in High-street, Marylebone , and am a working jeweller . On the 27th of September the prisoner came to my shop, asked to look at some thimbles, and had one which she said was to make a present to the cook's daughter - she bought one for herself - she then asked if I had a good watch which I could recommend - I said I had one or two - I showed her one which was not jewelled, and one which was - she said it was for the cook, and she would like one with diamonds in it - I said she might show it to any tradesman, it would bear examination- she said, "I have had dealings with you before, and I believe you are an honest man" - she then asked for my boy to go with her to where she lived, at No. 38, Golden-square, to take the watches to show - I asked her if she would like to take a gold one - she said no, that would be too fine - her master would not let the cook wear that - if she had taken that, I would have gone with her myself - I sent the other two watches by the boy, and said to him,"Mind, the money or the watches" - he said, "Master, I am not to be done" - I have seen them since at the pawnbroker's.
EDWARD EARLY . I am in the prosecutor's service. On the 27th of September, I was sent with the prisoner to No. 38, Golden-square, with the two watches for the cook to look at - in going along, the prisoner said she had had dealing with my master before, and thought him an honest man - when we got to No. 38, Golden-square, she took the watches and said, "If the cook disputes my word, you must
GUILTY . Aged 23.
There was another indictment against the prisoner.
MR. PAYNE conducted the Prosecution.
NATHANIEL WILLIS JAMES . I live at No. 15, Samuel-street, Cannon-street-road. I am a chair and couch manufacturer. I know the prisoner - I was present at his marriage with Sarah Varney , at Islington , I think about July, 1823 - she had been single , and was fellow-servant with the prisoner - I know they lived together as man and wife - I saw her on Wednesday week at the office - my wife was present at the marriage, but she is ill.
COURT. Q. What age was she when they were married? A. About twenty or twenty-one - they were married by banns.
WILLIAM JONES . I am a carpenter, and live at No. 7, Willow-walk. Mary Cousins Jones is my daughter - I was present when the prisoner married her, by the name of William Lucas , at St. Pancras new church, in the New-road - I had seen him about twice before - Mary Beaton was present.
MARY COUSINS JONES. I married the prisoner at St. Pancras' new church, on the 28th of February, 1831 - we lived together some time - I had two children by him - I married him by the name of William Lucas - he behaved very well for a short time - I found out, about three months ago, that he was married.
Prisoner's Defence (written). About ten years ago, I married my first wife, and, after her confinement, it was mutually agreed that we should go to service, and each of us succeeded in getting a situation - my wife had not been in her place long ere she purloined some of her employer's property, and was sentenced to seven years' transportation; and after remaining four years in Newgate was acquitted - I had placed my child under the parental care of my mother, prior to my wife's conviction - after her discharge from prison, I used my utmost endeavours to find her place of residence, but without effect, and continued without any knowledge of her till the 13th of the present month, having previously married the second wife, which was in a great measure pressed by herself, and having previously apprised her that I had one child.
JAMES HANDLEY . I am an officer. I was present in October, 1826, at the trial of Sarah Woodman - she was sentenced to be transported, but whether she was sent abroad or not, I do not know - I saw the same woman at Worship-street, about a week ago.
GUILTY . Aged 29. - Confined Three Months .
1650. ANN GWYNN was indicted for stealing, on the 8th of October , 2 gowns, value 16s.; 1 cloak, value 4s.; 4 yards of stuff, value 4s.; 1 shirt, value 8d.; 1 shawl, value 4s.; 2 caps, value 1s. 6d.; 1 pair of stays, value 6d.; 1 pair of stockings, value 3d.; 1 shift, value 4d.; and 1 handkerchief, value 1d. ; the goods of Joseph Peck .
MARGARET PECK. I am the wife of Joseph Peck : he is a labourer . I went to lodge at No. 43, Pye-street - I left there on the 8th of October - I left a bundle behind in the care of Hannah Millman - it contained the articles stated, which were my husband's - in consequence of information, I returned to the room at half-past eight o'clock at night - I then missed the bundle - I afterwards saw the prisoner at the station-house - she had my handkerchief on her person, and my shift - they had both been in the bundle.
HANNAH MILLMAN . I am the wife of William Millman . The prosecutor left a bundle at my lodging - the prisoner was there - I went out that evening at half-past six o'clock - I left the prisoner in the place, and told her to mind it till I came home - when I returned she was gone, and I missed the bundle.
WILLIAM BARRY (police-constable H 59). I took the prisoner from information, at a house in George-yard, Wentworth-street - I took her to the station-house - some man who was there asked what she had done with the bundle- she said she had sold it in Petticoat-lane - she still has the shift on.
GUILTY .* Aged 15. - Confined Three Months .
EDWARD LEWIS . I am an officer of the customs. I was on the quay at St. Katherine Docks, on the night of the 5th of October - the ship Arethusa was in the dock - I found the prisoner on board her with this shirt just by his feet - I asked him what that was - he said he knew nothing of it - I told him it came out of the Captain's cabin, what they call the round-house - I took him aft on the deck, and then he said, "I took them out of the cabin" - he had the trowsers on.
JOHN LYONS. I am a seaman on board the Arethusa. These are my property - I had left them in the round-house.
GUILTY .* Aged 27. - Transported for Seven Years .
1652. MARY ANN JONES was indicted for stealing, on the 20th of August , 1 quilt, value 3s.; 3 sheets, value 5s.; 1 pair of stockings, value 1s.; 1 pair of shoes, value 2s.; 1 shawl, value 5s.; and 1 blanket, value 5s. ; the goods of Margaret Painter .
MARGARET PAINTER . I am a widow , and live in Whitecross-street . The prisoner took a lodging at my house, and was to pay 3s. 6d. a week - she paid some part of the time- I told her to go away repeatedly - I missed these things before she left, and taxed her with them - she made use of very bitter words, and said she had never seen them - she denied every thing, and kept away for a week or nine days I - asked her about the blanket before she left - she said she would fetch it as soon as she could, and gave me the duplicate, but never brought it - I went to ask her for her rent
Prisoner. You got your quilt and sheet, and I was in the house a week afterwards. Witness. She got into my house first, in one lodger's room, and then in another, though I had forbidden her the house - I never gave her the things to pawn.
CHARLOTTE HOLLAND . I live in the prosecutrix's house. I saw the prisoner after some complaint had been made of the loss - I asked her how she came to strip the place in such a manner - she said she should not have done it had not the prosecutrix let the room ever her head, but it was hard for her to suffer for it all, for she had only had half of it - she said the duplicates were burnt, but she had got the affidavits, and would go to her cousin and get the money.
SAMUEL HAMER (police-constable G 129). The prisoner was given to me by Mrs. Painter - she said, "I will tell you the truth: I took the blanket unknown to her; but the rest of the things she sent me with to get liquor, and she was tipsy at the time."(Property produced and sworn to.)
Prisoner's Defence. The prosecutrix said if I would put my child out to nurse and come and work, I might - I came down, and she sent me with these things to pawn, and we got very tipsy - the next morning she came to me, and said,"Where are my things?" - I said she gave them to me to pawn - I afterwards asked her if she had got the things - she said she had not seen them - I then got the affidavits- I sent her 4s. by Mrs. Olding, and the week after she asked me for the other 4s. - I said I had not got it, but I would let her have it soon - she then gave charge of me.
ELIZA SMITH . I go by the name of Mrs. Olding. The prisoner gave me 4s. to give to the prosecutrix, which I did, and she gave me 6d. back, to get her shoes - I went with the prisoner and got them - the prisoner was in my room nine days and nine nights after, and they were not on bad terms - they had been drinking together when this property was pawned. NOT GUILTY .
1653. ELLEN MORGAN was indicted for stealing, on the 10th of October , 1 half-crown and 8 shillings; the monies of Catherine Padley Mather ; and 1 handkerchief, value 2s.; and 1 pair of stockings, value 1s.; the goods of Thomas Mather .
CATHERINE PADLEY MATHER . I am the daughter of Thomas Mather - he is a hosier , and lives in High-street, Shadwell - on the 10th of October the prisoner came in, and asked if we had any broken glass to sell - I said no - she then asked if I would have my fortune told - I said no - she then said, "My charge is a shilling a piece; but I will tell two fortunes for a shilling" - I said I would not have it done, but she began to tell me over the counter; I found she would not leave; and for fear of my father coming into the shop, I told her to go into the kitchen, and I followed her - she then asked me for the largest piece of silver I had, which was half-a-crown, and I was to cross my hand three times with it - she took the half-crown, and said she was to put it on the planet - she then asked me for three more of the largest pieces of silver I had - they were shillings - she told me to cross my hand three times with them, and she took them - they were to go to the planet - she was to return them to me in the evening - she came back in half an hour, and asked for a pair of stockings, a silk handkerchief, and a shirt, and she would not leave without them - she said she must wait, and I gave them to her, she had had 5s. 6d. of my money - I was to have them back at night - our servant saw her the next day, and she demanded 8s. from her - she said she would not leave without it - she would wait, if it were for a month, till she had got all she wanted - I let her have them - she came again on the Sunday, and said she wanted 10s. to make up the planet - she then wanted 4s. more - she said she wanted them to make up the planet - I was afterwards standing at my sister's door, in Ratcliff-highway - the prisoner passed - she beckoned me to come out, and she then wanted 10s. to make up the planet - she said she must have so much silver, and she must make the silver into gold, to make it all meet - she came again on the Monday evening, and had 3s. more of me.
Q. Why did you part with the money from time to time? A. She terrified me so much, and talked of telling my father what I had done previously.
Q. Then you parted with it without exercising your own free will? A. Yes. I am not twenty-one years of age - my father had given me the money to use, but they were his stockings and other things - she told me she could tell my fortune - she said she told by planets - she said she had been over to Mr. Scholey's niece, and got a sovereign of her, and a gold chain - I shall be twenty years old in March - my father is not here.
Q. When she obtained these things, did she, in each instance, represent that they should be returned? A. Yes; and I believed she would return them - she told me they would all fall into holes if she kept them - I did not mean to part with my property, but to have them returned - the first time was on the 10th of October - she then had a shirt, a handkerchief, and a pair of stockings of my father's - she said she must have them, but did not say what she meant to do with them - she engaged, in each instance, to return the things - I only gave them her to use.
Prisoner. Q. Did not you ask me whether I could tell your fortune, and say you would give me a shilling to tell yours and the servant's? A. No, I did not - I did not say I should like to have my fortune told, as I was deeply in love with a young man.
Prisoner. She said she would give me any thing if I would tell her the young man that she was to be married to- I said I could get a person to tell, and she gave me 5s 6d. to go to the person - the person sent me back, and I asked her for either a piece of gold, or 5s., and she told me the hours at which she wished me to come. Witness. She kept teasing me to let her tell me, and I told her to go away - she
COURT. Q. Did you in each instance part with the money and the articles, not intending her to keep them, but to return them? A. Yes: I never meant that she should keep them - she said they would fall into holes if she did.
ANN LOW. I am servant to Mr. Mather. I recollect the prisoner coming into the kitchen, but she would not let me stop - she said she could not speak before me - she afterwards stopped me in the street several times - she said she wanted a shirt, stockings, and handkerchief, and a piece of gold; and she wanted something that Miss Mather wore - she wanted the money for the planet - she applied again on the Saturday, and Miss Mather sent her out 8s. - she was to return every one of these things when she had them, but she did not.
Prisoner. Q. Did not you tell me I could see you any time, and you did not care about Miss Mather's fortune being told, so long as I told you yours, as you were eight years in love with one young man? Witness. No, nothing of the kind - I knew my fortune - go along with you.
MERCY BEADNELL . I live with my uncle, who is a pastrycook in High-street, Shadwell. The prisoner came in and asked if I had any broken glass or china to mend - I said, "No" - she then said would I have my fortune told - I said, "No."
Prisoner's Defence (written)."On Friday, the 10th of October, I went out to look for work, having a small family, my husband being out of employ; and being very much in distress, and meeting with my prosecutrix, we entered into conversation, when she told me she was deeply in love with a young man, and said she would give me what money I should want, or any things else I should want, if I could tell her fortune - I told her "No," but I could tell her of a woman that could tell her true, when she said she would give me what money I should want to give the woman, she gave me a shilling and 9s. for the woman, whom I went to find, and gave her the money; when she sent me back to the prosecutrix, saying, she must have a piece of gold before she could tell her any thing; when the prosecutrix gave me 5s., one shirt, 1 pair of stockings, and silk handkerchief, which I took to the woman; the woman telling me she should return them to the prosecutrix as well as the money she received from me; the prosecutrix's servant being present all this time, and gave me money as well as her mistress - I had been two or three times since the Friday, and received money from them both, which I gave to the woman, not thinking of any wrong, and being in distress - when I could not see her herself, she sent the money by her servant. I do declare on oath that I never put her in fear, nor held out any threat to her whatever, the servant telling me what hour I could see her, between one and two; if not then, at a quarter past eight o'clock at night on Monday; being sent again by the woman when I saw the servant, after going twice, when she gave me 10s. more for the woman, being with me at the time - on our way home we met the mistress at the shop door - she came after me, and said, "Have you seen our servant?" - I said, "Yes, and have received 10s." when two persons coming up to speak to my prosecutrix, the woman calling me on one side, telling me to ask for 10s. more - when she said she could not get it without taking it out of her sister's till - I told her not to do that - she said if I would promise her it should be the last money; I was to come on Tuesday, between three and four o'clock, and she would give me the money; and if I could cause her sweetheart to be with her that night, I was to keep all I had got. I was completely drawn into it by the woman, not thinking of any harm to myself and family; and greatly do I now repent having any hand in it."
GUILTY . Aged 19. - Transported for Seven Years .
MR. CLARKSON conducted the Prosecution.
SAMUEL ROSE . I live in Shoreditch . On the 2nd of October I was at my door, and saw the prisoner at Mr. Burgess's shop door - there were some coats hanging at the door - he pulled one down with all his might, and the other one hung only by a buttonhole - he then took the one he had got down, walked up the passage, and doubled it up - Mr. Luff stopped him - he resisted very much - the other witness then went up, and they shook him - I went up, and then the prisoner walked back, and we got him to the Office - he said he had picked up the coat in the passage.
Cross-examined by MR. PHILLIPS. Q. What time was this? A. Between twelve and one o'clock - I was not more than twenty yards from him - he gave but one pull - it is a public place - one coat was suspended by a chain - I ran across the road - I was before Mr. Bennett the magistrate - I believe the witnesses for the defence were heard- the magistrate sent the prisoner to the workhouse till he could be sent to the Lunatic Asylum.
WILLIAM LUFF . I went after the prisoner, and found him five doors off - he had this coat under his arm - I seized him by the collar - he ran up the court - I found I could not get him, but I called for assistance.
Witnesses for the Defence.
ALEXANDER CHRISTEY . I am visiting overseer of Bethnal-green. About this time twelve months, the prisoner was in our workhouse; and continued nine months in the lunatic ward - about three months ago he applied to one of our guardians to be released - our medical man said he was not fit to be discharged; but by giving him employ in his own business, which is something in the musical line, he might be better - and we gave him work - he then escaped, and was at large some time - I was then sent for by Mr. Bennett, and I took him again to our workhouse.
WILLIAM WILSON . I am a silk-manufacturer, and live at Bethnal-green. I came here at Mr. Bennett's request - the prisoner's parents are tenants of mine, and have been so many years - from all I have seen of the prisoner, I should say he is decidedly insane - I could bring twenty more to
WILLIAM ROGERS . I am a shoemaker, and live next door to the prisoner's parents. About four years ago was the commencement of the prisoner's irregularity - he would lie in bed from morning till noon, and from noon till night- just get up to have his meals, and he began to treat his parents very badly - he would come down in the middle of the week, and not know what day it was - his parents were obliged to apply to the parish authorities to take him into the lunatic ward, and he was there till he was set at large - since then, his conduct has been very bad - he would take the cat and throw it at the children; and dirt about the house- he has come to me and said, "What at work at this time of the week?" - I said, "Yes" - "Why," he would say, "it is Sunday."
MR. CLARKSON. Q. Have you known him in custody before for felony? A. Yes; about three years ago - the same defence was not set up then - he has not been at large about the streets all the last three months - he has worked part of the time at his own business, as a musical-machine maker - I am his uncle.
SARAH SPRINGGAY . I am the prisoner's mother. The first thing which made me think he was out his mind was, he would lie in bed for half the week, and then come down and say, "What, are you at work? you will all go to hell"- I used to go to him and say, "Come, Joe, get up; how are you to live?" - he used to say, "I don't care; I want to be transported" - I could not keep him in order - I applied to the parish, as my life was threatened - he said he would cut my b - y head off - he struck me on one occasion, and knocked my tooth out, and then said he hit me no harder than would knock a fly off - the doctor said he was not fit to be in the house - he was not mad enough to go to a madhouse, but the fittest place for him was a lunatic asylum.
MR. CLARKSON. Q. How has he been for the last three months? A. They said he was better, and he had liberty to go into the yard - he then came home, and I found him in victuals and drink, but he absconded from me - my life is at stake if he is not confined.
ALICE HALL . I live next door to the prisoner, and am in the habit of washing and charing at his mother's. I have known him come down in the middle of the week, and say it was Sunday - he would dirt the room, and come down with his hands all dirty - he would take the candle up in broad day, and go to bed, and look at it - I have known him take pokers up stairs and put under the bed, and threaten to beat his little brother - I saw his brother when he threw the cat at him, and nearly tore his eye out - I reasoned with him on the subject - he swore a great deal, and said he would do it as much as he liked.
ELIZABETH BOGGER . I am his aunt. I do not think he is fit to be loose on society - I have been called in to his mother's assistance - when he threw the cat at his brother, I said, "How can you do so?" - he said, "I will do worse than this; I owe him a spite" - when he has been at work, he has come down repeatedly to heat his irons, and let them grow cold again - he has been a week or ten days doing a machine, which might have been done in three days - I reasoned with him - he said, "Aunt, I can't do it; as fast as I put in one screw another comes out" - he used to hang his arm down and say he could not do it.
MR. GILBERT McMURDO . I am surgeon of Newgate. I saw the prisoner on Thursday last, the day of his admission here - I have seen him since, but not conversed with him- from my opportunity of conversing with him that day, I could form no judgment of him, but from what has been stated this day, I should say he is decidedly insane.
MR. WAKEFIELD. I am surgeon to the House of Correction. The prisoner was sent to the new prison to be examined as to his insanity - it is about three weeks ago - I conversed with him - his answers to me were perfectly rational, and there were other circumstances which induced me to give a certificate then - in my opinion, he was then of sound mind - I saw him here to-day, and I entertained the same opinion that I had before - I have heard the evidence given, and should be inclined to think that at some former period, when these acts were committed, he had been out of his mind.
JAMES PADDEN . I am a pawnbroker, and live in Shoreditch. I have known the prisoner - he has been in the habit of pawning things at my shop these last three or four months - I have served him at different times, and conversed with him - he appeared to be perfectly sane, and displayed no small sagacity in getting the utmost value on the articles.
SARAH SPRINGGAY re-examined. Q. Did he appear to have recovered his reason at all when he returned? A. No; and the doctor said so too - he said he had had fits of paralysis in his sleep - he lost the use of his limbs on one side, and his eye was drawn down - he was blind at one time.
NOT GUILTY, being insane at the time he committed the act .
1655. SAMUEL NEWTON was indicted for stealing, on the 30th of September , 7 cloths, value 2s.; 7 curtains, value 3s.; 2 sheets, value 3s.; 1 petticoat, value 6d.; 3 pillow-cases, value 3s.; 3 aprons, value 1s. 6d.; 7 stockings, value 5s.; 3 night-caps, value 1s.; the goods of John Hudson ; and 1 petticoat, value 6d., the goods of Sarah Key .
JAMES TURNER . I am a general-dealer, and live in Whitecross-street. On the 30th of September, the prisoner came into my shop with a bundle, and said, "Will you buy this?" - I opened it, and saw these things - I said, "Where did you get these?" - he said, "I picked it up in White Conduit-fields" - I took it and the prisoner to the station-house - the things were wet - it was about nine o'clock in the morning.
SARAH KEY . I am servant to Mr. John Hudson, No. 16, Lower-road, Islington . He is a brewer - I have examined these things - this petticoat is mine - the rest are my master's - I had washed them myself, and hung them on the line, on the afternoon of the 29th of September - I missed them the next morning at six o'clock - it is not far from White Conduit-fields - there was a footmark from where the prisoner lives, across to our garden to where these things were.
Prisoner's Defence. I was going to work for Mr. Johnson - I saw some things tied up in a black apron - I took them up and offered them for sale; but I had worked till breakfast time in Bagnigge Wells-road.
GUILTY . Aged 41. - Transported for Seven Years .
Fourth Middlesex Jury, before Mr. Sergeant Arabin.
EDWARD BUTT . I am a milkman . On the 23rd of September, the prisoner was in my employment, and had been so about four months - it was his duty to receive monies on my account - I live at Islington - he used to carry out milk, and bring back the money of those who paid; and the account of those whom he trusted.
HENRY BIRKET . I take milk of the prosecutor - I paid the prisoner three separate payments of 10 1/2d. each - on the 23rd September, the 30th September, and the 7th of October - he gave me no receipt - it was my weekly score.
EDWARD BUTT re-examined. The prisoner never accounted to me for any of these sums - I paid him weekly, but he absconded last Tuesday morning, because he thought I had found him out - he went out on Monday night without my leave, and on the following morning I told him something must be wrong - I went round with him - I then discovered that these monies had been received - he then went away - he said, after we had left Mr. Birket's, that he had received the money, and he would pay on Saturday night - I said that would not do for me.
GUILTY . Aged 19. - Confined Six Months .
MATTHEW BARRETT . I drive the Towcester waggon, which goes through St. Alban's. On the 28th of July, I left London, between six and seven o'clock at night - I remember a little brown paper parcel tied to this spade, which was given to me at the Queen's Head, in St. John-street - I tucked it in between the flats in the waggon - it was so secure it could not get out itself, and if any person took one they must take the other - they were to go to Stoney Stratford - I had no other such parcel in the waggon - I left St. John-street about half-past six o'clock - the prisoner got up at the Queen's Head, where I took up the parcel - she agreed to go St. Alban's, and paid me a shilling - she got into the waggon close against where this little spade and parcel were - I arrived about a mile on this side St. Alban's , at four o'clock in the morning - the prisoner stopped there with us till I was going - we breakfasted there - she breakfasted, and was to have gone on, but all on a sudden she was gone - I did not see her go, and my suspicions were raised - there was no one else in the waggon - I had got into the waggon in the morning, when she went to breakfast, and the things were all right - we were there an hour and a half - she said she had no money, and she could not come to breakfast, but some passengers in another waggon gave her a breakfast - we then came out - the other passengers got into their waggon, and the prisoner got into mine - I went to pay the landlord, and to get my horses - I then went to tell the prisoner to sit fast, and she was gone, and the paper parcel, but the spade was left - I did not know what the parcel was - I thought it was only a letter.
Prisoner. Q. Were there not two men in the waggon? A. No; no one.
THOMAS HANDLEY . I am an officer. I was looking for the prisoner - I found her in Vine-street, Liquorpond-street, on the 15th September - I told her I wanted her on suspicion of robbing the Towcester waggon - she said he could not swear it was her robbed the waggon, for there were two other persons in it at the time.
MARY ANN BAINES . I am the wife of William Ferdinand Baines . I made up the parcel on the 28th of July - it contained three sovereigns, and four new half-crowns - I tied it in white paper, and then in strong brown paper, and tied it to this spade, to go down to my child.
JOHN MONK . I am a constable of St. Alban's. On Tuesday morning, the 29th of July, I had the prisoner's husband in my custody - about half-past nine o'clock that morning, she came down to see him, and asked him if he wanted any money - he said, "No" - she emptied the contents of her purse into her hand, and I saw some sovereigns and silver - she then said she would get him something to eat - I noticed that she had on a new pair of shoes and a new shawl.
MATTHEW BARRETT re-examined. When she gave me 1s. she said it was all she had.
Prisoner's Defence. I gave the waggoner half-a-crown, and he gave 1s. 6d. change - I had come to London to borrow some money, to get my husband from prison - he took up one man at Islington, and one at Whetstone - when I got to where they breakfasted, I waited a long while, and he said if I wanted to hear my husband's trial I had better go on, which I did - I stayed there the whole day, and then went to Luton to see my children - as his waggon passed through St. Alban's in the morning, I called to him, and said, "I am here first" - we called at the Arch-way at Highgate, for a bundle of mine, which had my shoes and shawl in it.
GUILTY . Aged 32. - Confined Twelve Months .
JOHN LACEY EDWARDS . I am out of business - I have been a silk printer - the prisoner had been my porter for three or four days - on the 26th of September I enclosed 1l. 15s. and 13s. 6d. in two separate parcels - I directed one to Mrs. Brown, of Stratford, and the other to Sarah Singer - I gave them in one cover to the prisoner to take them, which he did not do - I had paid him 5s. for the two days before that, but had no engagement for any specific sum - he never returned.
Prisoner. I was not his servant, but his father's - this money was mine, and I gave him some other money to redeem some pledges.
ROBERT ROBERTSON . I am an officer. I saw a description of the prisoner in the police reports - I found him- he said it was well he was taken, for perhaps he should have done worse - this was on the 14th of October.
GUILTY. Aged 38. - Recommended to mercy by the Prosecutor . - Confined Three Months .
WILLIAM LONG . I am a labourer . I lost my shovel from my master's field at Hackney , on the 5th of October- I left it against some mould when I went to breakfast - as I was going out of the field, the prisoner was going in - I missed my shovel in half an hour.
WILLIAM STOCKWELL . On Monday week the prisoner came to me, and asked for a job - I employed him every day that week, and each day he asked me if I would buy this shovel - on the Sunday morning he came again, and offered it for 6d. - he had asked 9d. for it before - he came again on the Monday - I had then heard of the loss of this spade, and detained it.
Prisoner's Defence. I took the shovel to work with, and when I heard them complain of it, I said I would bring it back again; and when I went to Mr. Stockwell's he began to beat me.( Charles Cann , a carpenter, gave the prisoner a good character.)
GUILTY . Aged 16. - Whipped and discharged.
EDMUND ELLIS . I have some premises in Market-street, St. John-street-road , opposite my dwelling-house. I am a coal and corn merchant - I have a yard there - I let the prisoner a stable in my yard - his stable is parallel with mine - the loft runs over his stable and mine, but he has nothing to do with that - he paid me 5s. 6d. a week - he was in the employ of a livery stable keeper - before the 30th of September I had missed corn from my granary, which excited suspicion, and I determined to mark some sacks of corn - on the Tuesday following I missed one particular sack of corn - I questioned my men respecting it, but they could not account for it - on the Thursday or Friday following I went into the prisoner's stable, and saw in the middle stall the very sack which I had missed - I asked him how he became possessed of it - he said he did not know, nor could he give any account of how he got it - there was a particle of oats adhering to the sack which corresponded with the oats which I had lost - I asked my men about it, but they could give me no account of it - on the Sunday following I went into the stable to look for two pigs - I found them eating at a sack of corn which was partly covered with litter - I took it, and found it corresponded with the corn which I had had in the sack - I got an officer, and we then found a truss of hay concealed under the litter under the manger - I have dealt in corn and hay for fifteen years - I have no doubt that this was my corn and hay, and the sack was mine.
Cross-examined by MR. DOANE. Q. You swear to the hay and oats? A. Yes, as far as one sample is like another - they are very fine oats, but others may have such - I can speak positively as to the sack - it had a particular mark, and it is here - all my sacks are marked, but this had been mended by one of my men - I took particular notice of it - the prisoner is a stable keeper, and had occasion for hay, and oats, and sacks - I lent him one sack, but that had no mark on it.
Q. Did not you say that all your sacks were marked? A. No; not all - I never lent him but one sack - I never gave him one, nor sold him one - he never had a sack from my wife, to my knowledge - it was about the 29th of September that my attention was called to this - I do not remember the prisoner leaving town on the 28th, to go to his father, at St. Alban's - I do not remember him coming back till he was taken into custody - the first thing I said to him when he was taken was, that I had a strong suspicion he had some property of mine.
Q. Did not you say to him, "Good morning, Sir; I was at your house yesterday?" A. No; I did not - it was on the Sunday that I saw his wife, and she said he was out- I did not know it till that night - I told him there was some oats and hay in his stable, and I wished him to tell me where he got them, as I had matched them with mine - he said he could very soon tell me where he purchased them - I said, if he could, that would be sufficient - he then said,"If I must tell you the truth, I had them from my father"- he then took me into the stable, and said if I would forgive him, he would tell me the truth - I said, "If you will tell me the truth, and no other person is connected with you, I will forgive you" - he then said he was afraid I would not forgive him - I do not think the policeman heard this - I did not ask the prisoner about my men being concerned- I had had no quarrel with him about a harness - I never had any words with him in my life - his father appeared before the magistrate, but he did not produce any sample of oats - he was ordered out of the office by the magistrate - he came to bolster up his son.
COURT. Q. What sort of oats were yours? A. Scotch potato oats - the hay was Aylesbury hay, cut in a particular shape, to fit boats - I missed the hay when it was found.
Witnesses for the Defence.
COURT. Q. How many acres of land do you farm? A. None. These oats are not my own growth - I buy them in the market - I get my living by going about with a horse and cart, and sometimes I buy a little corn and sell it - I bought this corn in Hempstead market, about a mile and a half from where I live, which is about twenty-eight miles from London - my son was out somewhere, and he called upon me - I did not give my son any hay - he never came for three bushels of corn before, nor do I know that he came for them then, but he had these three weeks ago today - I was sent for to go before the magistrate - this is not my sack - my son brought down a sack with him, and took away three bushels of oats - I do not know whether this is the sack he brought - I have a horse and cart, and sometimes go about with garden stuff - I have a bit of a garden in a field - I pay 6d. a pole for it, and have thirty poles.
GEORGE HUGHES . I live at No 1, Thomas-street, St. John-street-road. I remember, on the 29th of September, the prisoner came home from St. Alban's - he was in a borrowed cart, and I believe had his own horse - it was a horse I had seen him use before - there was a sack in the cart, which, I believe, contained corn - it was such a sack as I have seen corn in - there was a truss of hay, and some loose hay - I saw them in the cart, and the prisoner also.
COURT. Q. Do you know what hay he had got? A. Yes, it was meadow-hay.
JAMES UPCOTT . I live at No. 4, Gold's-place: I am a waterman at the stand on Clerkenwell-green. I have been in the prisoner's stable, and saw where he kept his oats and hay - on the 2nd of October he sent me to his stable to feed his horse, and give him some water, and rub him down - I saw his hay and oats - they were not in any dark place- any one might have seen them.
JOHN TURNER . I live on my means. I have known the prisoner three or four years - he is an honest young man - I took this sack out of Mr. Ambridge's place to-day- it is a counterpart of the sack the prosecutor had the oats in.
MRS. ELLIS. I am the prosecutor's wife. The prisoner has bought oats of me, but I never lent him a sack, nor sold him one - I do not know of our men doing so.
GUILTY . Aged 25. - Transported for Seven Years .
1661. CHARLOTTE DOOLEY was indicted for stealing, on the 17th of October , 3 blankets, value 8s; 1 coat, value 4s.; 2 pillows, value 4s.; 1 quilt, value 2s.; and 1 sheet, value 2s. ; the goods of Richard Glanville .
RICHARD GLANVILLE . I live in Henry-street, Gray's Inn-lane . I let the prisoner a ready-furnished lodging containing the articles stated, about the beginning of April - she had one back room - she paid her rent till within the last fortnight - she had 10s. a week allowed her by Mr. Nicholson, of Southampton-buildings - she went away last week, leaving the room unlocked - her week was not up - she did not return, and we went into the room, and missed this property.
Prisoner's Defence. I told the prosecutor I was going away, and that I would replace the things, but he would not give me time.
GUILTY . Aged 46. - Confined Three Months .