CENTRAL CRIMINAL COURT
FIRST SESSION, HELD NOVEMBER 24, 1834.
MINUTES OF EVIDENCE,
Taken in Short-hand.
BY HENRY BUCKLER.
PRINTED BY WILLIAM TYLER, IVY-LANE, ST. PAUL'S;
PUBLISHED BY GEORGE HEBERT, CHEAPSIDE.
On the King's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Before the Right Honourable HENRY WINCHESTER, LORD MAYOR of the City of London; Thomas Lord Denman, Chief Justice of His Majesty's Court of King's Bench; Sir James Allan Park, Knt., one of the Justices of His Majesty's Court of Common Pleas; Sir William Bolland, Knt., one of the Barons of His Majesty's Court of Exchequer; Sir John Cross, Knt., one of the Judges of His Majesty's Court of Bankruptcy; Sir John Nichol, Knt., Judge of the High Court of Admiralty; Samuel Birch, Esq.; John Thomas Thorp, Esq.; Matthias P. Lucas, Esq.; and Charles Farebrother, Esq., Aldermen of the said City of London; the Honourable Charles Ewan Law, Recorder of the said City; William Taylor Copeland, Esq., and Sir Chapman Marshall, Knt., Aldermen of the said City; John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; His Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
SESSIONS HOUSE, OLD BAILEY.
WINCHESTER MAYOR.—FIRST SESSION.
A star (*) placed against the verdict denotes that the prisoner has been previously in custody.
First Jury, before Mr. Justice Park.
1. JOHN HOLGATE and JAMES HOLGATE were indicted, for that they, on the 1st of October, at St. Mary Magdalen, Bermondsey, about four o'clock in the night, the dwelling-house of John Thompson, feloniously and burglariously did break and enter, with intent the goods in the said dwelling-house, feloniously and burglariously to steal, and feloniously and burglariously stealing there in 2 gallons measure of brandy, value 3l.; 1 gallon measure of shurb, value 16s.; and 2 bottles, value 6s.; the goods the said John Thompson.
JOHN THOMPSON . I am a publican, and live at No. 113, Long-lane, in the parish of St. Mary Magdalen, Bermondsey. On the 30th of September, I went to bed, leaving my cellar safe, at a quarter to eleven o'clock—I am quite certain the listenings were quite safe—I go to my cellar from the dwelling-house—there is a flap outside the house, which is only used to take in liquor—I am master of the house—it is my dwelling-house—I fastened the cellar flap by three bolts—I was alarmed about four o'clock in the morning by the policemen, William Shields and Thomas Bradley Beck—it was not light—I opened the window, got a light, and came down—I opened the door, let the policemen in, and they sent me back wards—I went towards the cellar door, and found that open—I had shut it at night—the back door leading into my yard was open—I had left that shut and fastened—on entering the cellar, I found the cellar flap also broken open—the bolts were bent, and partly off—I found nobody there—I missed a bottle, containing two gallons of brandy, and a stone bottle, containing shrub—I am sure they were in the cellar the night before, at a quarter before eleven o'clock—I had seen the prisoner, John Holgate, the morning before—he helped the brewer's man to put two barrels of ale into my cellar—I never saw him before, to my knowledge—I am sure he is the man—I saw him in custody of the policeman close to my door that very morning when I was alarmed—the hinges of the cellar flap were wrenched out of the wood work.
Cross-examined by MR. PHILLIPS. Q. Were yon the last person up in the house? A. No; my wife was—she is not here—my pot-boy slept in the house—he had gone to bed before me—I took the key of the cellar up
to the bed-room with me when I went to bed—nobody could get to the cellar.
THOMAS BRADLEY BECK . I am a policeman. About three o'clock on the morning in question, I went down a passage by the side of the prosecutor's house, which leads to his cellar—when I got down, I saw a man standing by the side of Thompson's cellar flap—it was the prisoner, James Holgate—I took him into custody, and asked what he was doing there—he said he had been drinking with his brother at Dockhead, and had come down there to ease himself—Dockhead is near Rotherhithe—I told him he must go with me to the station-house—I took him there, and then returned to the passage, and found the prisoner, John Holgate, in the passage—he was five or six yards from where I had found his brother—I asked him where he came from—he said he had been lying down there asleep—I asked him how long he had been lying there—he said it might be an hour, or it might be two or three hours, for what he knew—I took him into custody—I took him nearer to the cellar flap, and knocked my foot against a stone bottle, which I have here—I examined, and found the cellar flap open—I found another stone bottle near the one I first found—one contained brandy and the other shrub—the passage is no thoroughfare—there are some small gardens at the bottom, but it is no thoroughfare—I produce the bottles.
Cross-examined. Q. Is there not a thoroughfare to some cottages down the passage? A. There is a dwelling-house, and there is a thoroughfare to that—it was about three o'clock when I took James Holgate—I will not be positive that it had struck three—the station-house is nearly a quarter of a mile from where I took him—Inspector Fagan discharged him—I did not observe the cellar flap at the time I took James—I did not see any thing amiss in it—I had not time to examine it—I believed it was shut—it was nearly half an hour after I took James that I returned—there was plenty of time to open the flap.
THOMAS JOHN READY (policeman M 104.) I was on duty on the 30th of September, in Long-lane, Bermondsey, and saw the two prisoners between one and two o'clock, walking together within sixty or seventy yards of Mr. Thompson's house—John Holgate asked me, "Is this Long-lane?" I said, "Yes"—he asked me if I knew where the Rose and Flower was—I said, "No"—I turned round, saw a constable passing, and asked him in their hearing, and he said, "It may be the Rose and Crown?"—"That is it," said the prisoner, John Holgate—he told them where it was, and they both went away—I am positive they were together.
MR. THOMPSON. The sign of my house is the Rose and Crown—I can swear to both these bottles-—I had not had them long.
FRANCIS FAGAN . I am inspector of the police. I was at the station-house, and remember the prisoner, James Holgate, being brought there by the witness, Beck—I discharged him—he stated to me that he had been to see his brother at Dockhead—that he had been drinking, and lost his way, and turned up the court to ease himself—about an hour after he was discharged, the other prisoner was brought in—I detained him, and sent a constable in pursuit of James Holgate.
Cross-examined. Q. Before you discharged him, had you taken his address? A. I did—he gave me, "No. 4, Picket-place, Temple-bar"—it was not Crown-court, Picket-place.
the Strand, and found him in Wych-street, Strand—I believe there is a Picket-place in the Strand—I found him in a corn waggon in Wych-street—I took him to the station-house—I did not make him any promise or threat—I asked where he had been last night—this was about twelve o'clock in the day time—there were two or three men in the waggon besides him—I called out "Holgate"—he came out of the waggon, and said, "My name is James Holgate"—he was sitting or leaning on the corn sacks—I asked where he had been last night—he said he was at home last night at his own place by ten o'clock, and he could prove it—I asked him, "Have not yon been over the water last night?"—he said, "No, I have not"—the station-house he was at is on the Surrey side of the river.
Cross-examined. Q. How did you find out the waggon he was in? A. From information I received; I had gone to his own place—I do not know what address he gave at the station-house.
COURT. Q. How could you find his lodging, if yon did not get it at the station-house? A. I got it at the brewhouse which supplied the prosecutor with beer—it is close by Temple-bar.
John Holgate. I leave my defenee to my Counsel.
James Helgate. I leave it to my Counsel.
JOHN HOLGATE— GUILTY— DEATH . Aged 30.
JAMES HOLGATE— GUILTY— DEATH . Aged 27.
Before Lord Chief Justice Denman.
2. CHARLES MOORE was indicted for that he, on the 27th of August, at St. Mary Magdalen, Bermondsey, about one o'clock in the night the dwelling-house of John Woolley Lesingham, feloniously and burglariously did break and enter, with intent the goods in the said dwelling-house feloniously and burglariously to steal, and stealing there in 1 watch, value 2l.; 1 watch key, value 7s.; 1 sovereign; 2 half-sovereigns; and 1 half-crown; his property.
MR. CHAMBERS conducted the Prosecution.
JOHN WOOLLEY LESINGHAM . On Wednesday, the 27th of August, I lived at No. 16, Snow's-fields, In the parish of St. Mary Magdalen, Bermondsey. I saw my house fastened on that night—the back window of the second-floor room, and all the windows were down at usual—I saw them all down, and all the doors fastened—I went to bed between ten and eleven o'clock—I had seen every thing fattened not more than five minutes before I went to bed—it was after dark—Mrs. Vining, who lodges wish me, was the last person up—I was the last up except her—I was not disturbed in the night—as soon as I got in my bed-room I wound up my watch, and put it on the table by my bed-side, as I always do—I had one sovereign, two half-sovereigns, and a half-crown in my trowsers pocket—I hung my trowsers on a brass nob near the window, with the money in the pocket—I am certain of that—Mrs. Vining did not disturb me in the night—I slept very soundly till between five and six o'clock in the morning—I slept particularly sound that night, which I am not accustomed to do—in the morning, not hearing the clock, I wished to know the time—I got up and went to look for my watch—I missed it—I examined my trowsers, and found my money missing out of the pocket—I was almost paralyzed—I went down stairs, and all was fast—I could not tell how I was robbed—I called out to Mrs. Vining, who lodges in the room below, and said, "I am robbed"—she immediately went up to her daughters and told them—I observed the window, which I had seen fast, was open—it is at the back of
the house, but there is a small passage which leads to my school-room—the window is in my house wall—that was open sufficiently for a person to get in and out—it was light at this time—I found another window open in the lower floor, which leads into my kitchen—that communicates with a passage which leads up to my school-room—that window is also in the wall of the house—I caused the prisoner to be apprehended on the 29th—I think it was Friday—he was examined before a magistrate, and in about a week he was discharged—my watch has since been shown to me by one of the officers—I think Waters—the prisoner had been a pupil of mine about four years ago, and lived in my house for about two years, being a fatherless child.
ELIZABETH DINAH VINING . I lodged in Mr. Lesingham's house on the 27th of August—in the course of that night, I was awoke by my room door opening between one and two o'clock in the morning, and I observed a male figure at the bottom of my bed—the moon was rising—there is no shutter to my window, and only a small curtain—the gas light reflects on the mantel-piece—it was dark all but the moon light and the gas—I could see the figure had trowsers and a jacket on, and no cap or hat—he appeared to go down stairs without any shoes on—his dress was not very light, nor very dark—I had gone to bed after Mr. Lesingham—I was the last person up, and observed that every thing was fast, as usual—I have heard Mr. Lesingham's evidence as to the state of the two windows in the morning—it is correct—I saw them myself.
COURT. Q. Did not you give an alarm? A. No; I was too frightened. I called out, but could make nobody hear—the person only stood in the room while I spoke—I said, "Mother, what do you want?" and at that instant I saw the figure go down stain—my mother was in the habit of calling me in the morning.
RICHARD FULLER (police-constable M 120.) On the 29th of August, at half-past five o'clock in the morning, I saw Mr. Lesingham with the prisoner by his side—he gave me a signal to follow him—I followed him to his own house, and took him into custody, and brought him to the station-house—Mr. Lesingham gave him in charge—I searched him, and found a sovereign, wrapped in a piece of paper, in his stocking, which was on his leg, just above his ankle—I took this new silk handkerchief off his neck—it was not hemmed—he had a new pair of shoes on his feet—I only found a halfpenny in his pocket—he said nothing about the sovereign—I asked him as we went to the station-house, if he had any money—he said "No"—I asked him where he got his shoes—he said he bought them—I asked him where he got his shut—it was a new chequed one—he said he bought that in High-street, Borough, and gave 3s. for it—I went and found that was correct—he gave no account of the new handkerchief—I did not ask him where he got the shoes—he put the shoes on his feet again—he was taken before a magistrate, and afterwards discharged.
ALFRED DUTTON . I am shopman to Mr. Hoare, a shoemaker, of No. 297, Kent-street. The prisoner came to my master's shop, and bought a pair of shoes, about the Friday before I was wanted at Union Hall—I went there next day, Saturday—he gave me half a sovereign in payment—I gave him 3s. change—they came to 7s.—I have not seen them since.
JOHN WATERS (police-constable M 116.) I was at Union Hall when the prisoner was discharged, and saw him at a house in King-street, about half an hour afterwards. I think it was about the 5th of September—he was at the house of Woodman, an acquaintance of his—I did not threaten
him, or promise him it should be better if be said any thing—I put a question or two to him at the house—I said, "It is very lucky for you that you have got off, but I am still convinced you are the person who did the robbery—I know the locality of the house, and I can describe exactly how you got in"—I said, 'You got in, and Snipe was with, you; and I dare say you gave him the watch, and kept the money yourself'"—he paused a little while, and then said, "There was nobody with me at the time I assure you"—I said, "Why; what became of the watch?"—he said, "I had it about me all the time at the hall: the policeman searched me three times, and one time he put his hand on the ribbon, but after they put me back in the lock-up, I dropped it down the privy"—I said, "Were not you alarmed at going in there?—I imagine that Snipe was with you"—he said, "No, he was not"—I said, "Mr. Lesingham says you must have got in at a court they call Botany-bay, but I think you got in so and is, and you had not your shoes on"—he said, "No, I did not have my shoes on—I got on the privy door, and from one school to the other—I went up stairs, lifted up the window and somebody made an alarm—I came down stairs again, and remained till all was quite—I then went up stairs again, to Mr. Lesingham's room, and felt under the pillow to see where Mr. Lesingham's money was, but could find none—in searching about, I found the watch, and soon after I felt his trowsers—I took the money out his pocket, and came away—I did not escape the way I entered—I came Botany-hay way, and jumped off the tilings of the privy"—he mentioned money—I am not exactly certain what sum he named—I am confident he said he found money in the trowsers—I assisted in searching the privy of the lock-up place—there is a small cottage by the sewer, adjoining the privy—two females there said, "Oh, are you searching for the watch that was picked up to-day?"—I afterwards are received the watch from William Shepherd, who was at work there—it was without a case—we searched, but could not find the case.
WILLIAM SHEPHERD . I live on Walworth-common, and an employed by the Commissioners of Sewers—I was cleaning the sewer which goes right under the privy of the lock-up place at Union Hall, on Saturday, about the 6th of September—I found this watch there—I saw no case—it was as it is now, except being dirty—I kept it in my possession till the officer found me—I gave it up to my master, and saw him deliver it to the officer, on Saturday, the 6th—I have made a mistake, I found it cat the fifth—I did not give it to my matter until I gave it him to deliver it to the officer, when there was an inquiry about it.
MR. LESINGHAM re-examined. This is the watch I lost from the table by the ride of my bed—I am positive of it—it had a case on it when I lost it—this is my key—it had a black ribbon, the same as it has now, and no seal—I cannot tell the number of the watch exactly—I recollect it was 9777, or something like that, but the name of Longhurst, of Kingston, was on it—I am positive it is my watch.
Prisoner. I never told the officer any thing about it.
GUILTY. DEATH .—Aged 16.
Before Lord Chief Justice Denman.
3. MICHAEL MURPHY was indicted , for that he, on the 18th of October, at St. George, Middlesex, upon John Hallisey, unlawfully, maliciously, and feloniously did make an assault, and unlawfully, &c., did cut and wound the said John Hallisey, in and upon his left thigh, with Intent, in so doing, feloniously, wilfully, and of his malice aforethought, to kill and murder the said John Hallisey, against the Statute.
2nd COUNT the same as the 1st, only stating his intention to be, to disable the said John Hallisey.
3rd COUNT. Stating his intention to be, to do him some grievous bodily harm.
JOHN HALLISEY . I am a coal-whipper. I know the prisoner—he is a coal-whipper—on Saturday, the 18th of October, he and I were together on board the Bridget collier, which laid off Bell wharf tier—we were often together at work, but not just about that time—I have known him a good many years—I lodged in the same house—I lived up stairs, and he down stairs—I am married, and live in King-street, St. George's-in-the-East—my wife lives with me—I came home between three and four o'clock in the afternoon, on Saturday, the 18th of October—our day's work was over—the prisoner and I came ashore in one boat together, and I went home—the whole gang of us went to a public-house after we had been home—we were there about six o'clock, waiting to be paid our money—after we got our money, the prisoner went out of the public-house before me—he was at home when I got home—I happened to stop a few minutes with one or two men of the gang, and, as I came home, I met my wife in the highway, and we went to market together—after being at market, we came home together—the street door was bolted—my wife knocked at the door, and asked my eldest son what it was bolted for—my boy put his bead out of window, and said he was afraid to open the door on account of Murphy—the door was not opened on our knocking—my wife lifted the latch up, and finding it bolted, called to the boy to know why it was bolted—the prisoner heard what was said, and came and opened the door—he had a knife in one hand, and a sharpening stone in the other hand—my wife went in first, and said, "You are very busy with your knife; what do you want to do with the knife?" he said, "To rip your b—y husband's guts open"—on that he made a dart at me—(here are the clothes I wore)—he cut at me in the left thigh with the knife in his hand, and cut my trowsers, which I have on now, and cut my thigh—my wife said, "For God's sake don't kill my old man; what has he done amiss to you?"—he was going to make a second dart at me, and she caught the knife in her hand—I put my hand to my thigh, for the blood flowed immediately—he pulled his hand away from my wife, and made another dart, and cut me here on the right hand finger—I moved back a little, holding my left hand on my thigh—I put my back against the wall, and my wife sung out, "Police"—there was no quarrel between the prisoner and I in the course of the day—neither when we were at work, nor at the public-house—he did not say at the time, why he gave me the blow, but that he would have my b—y guts open.
Cross-examined by MR. PHILLIPS. Q. Did you ever say he gave a reason for it? A. No; I did not rush at him to get the knife from him, upon his using these expressions—I had no power to get it from him—I was not aware of it—my wife was between us when he used the expression, and when he struck at me—I never attempted to get the knife from him—I made use of no expression—I had drank a pint or two of porter—I remember being ill some time before this—he was particularly kind and attentive to me in my illness—very neighbour-like—he acted like a friend to me, assisting me as much as he could—I do not know of his pawning his jacket to get me any thing—he might have come up to my room, and said, "How are you?"—that was all his attendance—he might give me a
glass or two of wine—I did not go into his bed-room the day the scuffle took place, when his children were in bed—he did not appear to have got out of his bed—he had his clothes on—he had no coat on, but he had two shirts on—he usually wore a coat or jacket when he was out in the street—nobody was with me but my wife—I had drank two or three pints of beer at the public-house—my wife did not drink with me—I suppose the prisoner and I have been acquainted thirteen or fourteen years—I am now recovering from the wounds.
COURT. Q. At what time did you come home that night? A. I dare say it was between eleven and twelve o'clock.
MARY HALLISEY . I am the wife of John Hallisey. I remember the night in question—I went home with my husband after being at market—when I came to the street door, I lifted up the latch—it was fastened—I called out to my son, "Tim, what is the door fastened about? come open the door"—the boy put his head out at the window, and said, "I am afraid to come down stairs for Murphy"—the prisoner heard me and came to the door and said, "Who is at the door?"—I said, "Me: open the door"—he opened the door—it is not above three quarters of a yard from the street door to his room door—he had his pocket knife in his right hand and a sharpening stone in the other hand—I said, "You are d—d' busy with your knife—what are you going to do with it?"—he said, "To rip your husband's b—y guts out"—I said, "Why, d—n you, you will commit murder"—he made a stab with the knife at my husband, caught him in the thigh, and ripped him up, and his trowsers likewise as well as the flesh—I laid hold of his hand and said, "Do not kill my poor old man; what did he do to you?"—he said, "Let go of me, you b—y wh—e, for I will rip his b—y guts open"—he rushed his hand from me and made a second stab at him—my husband stood against the wall there, as if he was dead—I cried out, "Murder! police!" and the policeman came.
Cross-examined. Q. How near is his bed-room to the door? A. His room door is not more than three quarters of a yard from the street door—his bed was in that room—I do not know that his children were in bed—he occupied one room only, and eat, drank, and slept in it—he has two children—I did not hear his children crying, nor did I see them in bed—we did not burst open his door—nobody was inside but my boy—we had drank nothing to make us intoxicated in the public-house—there was five of us had half a pint of gin, and I tasted out of one pint and two pots of beer; but not so much as to drink half a quartern—I am the prosecutor's wife, and the mother of his nine children—my husband did not attempt to take the knife from the prisoner on his using the expression—there was a light in the prisoner's room, and that gave a light in the passage—the candle stood on a table close to the room door—it must have been on the table which stood under the window, by the appearance of the light—I could not see the candle, but the door stood open, and the light shone into the passage—it was rather dim in the passage, but there was plenty of light to see what was done—I stood between the prisoner and any husband, when he gave him the first stab—my back was to my husband, and my face to the prisoner, when he used the expression—my husband did not make any attempt to get the knife—I was not looking at my husband at the time—the prisoner is a married man with two children, and I believe his wife quite big in the family way—one child is between six and seven years old, another is three years old.
the prisoner came home in a great rage, about two hours before my father, or rather more—he fetched something, and knocked against the bannister with something, and called out, "Hallisey," twice—I came out, and said he was not at home; what did he want with him—he said, "I will let him know, a b—y son of a b—h; I will rip his b—y guts open"—then he went out in the street, and I went up stairs—I looked out of the window, and saw him go into the street, and he walloped the stones with a saw; he struck them, and said he would have my father's b—y life the moment he entered the door, and then he came in again—I stopped a little bit, and then pulled off my shoes and went down stairs—I saw him sharpening his knife—I got very frightened, and came up again, and stopped about a quarter of an hour longer—I happened to go down stain again, and tried to go out to put my father on his guard not to come home that night—while I was trying to open the door, he came out of his room, and said, "What do you want out?"—I said, "Business"—he took and shyed me down in the passage, and said, if I offered to enter out at the door till he opened it, he would put the knife in my b—y guts"—I got up again, when he knocked me down, and held the knife over my head—he said nothing more about my father—I went up stairs—I was glad to get away from him—he was cursing and swearing about the place like a madman—he did not say why he wished to do my father an injury—when my father and mother came home, my mother called, "Tim" and asked why the door was shut—I was afraid to answer; she said, "Come, come, open the door," and the prisoner said, "Yes, you b—y w—, I will open the door; I have got it all ready for you"—she said, "Open the door;" he opened the door—my mother came in, and said, "You are very busy with your knife in your hand, and your sharpening stone;" he said, "Yes, to rip your b—y husband's guts open"—my father entered the door—Iran down into the passage, and stood alongside of them; he took one draw on my father, and cut his thigh—I ran out in the street, and screamed out—he made another draw at him, and caught his finger—my mother ran out and called a policeman—three policemen came in, and broke in at the door—he had fastened his room door himself—after he had done the deed, he went in and fastened his own room door, and mother cried out, "Murder! police!" they came to her assistance, and asked him to open the door—he would not, and they broke it in, and took him out.
Cross-examined. Q. Do you know what put the man out of his sense in the way you describe? A. No—I had done nothing to him—he could not be in bed when he was about, like a madman—he was without coat or waistcoat, as if he had just got out of bed—he had a striped shirt on over a flannel shirt, and a pair of flannel drawers—he had no trowsers on, nor had he when they took him to the station-house—he had been out in the street, and was striking the stones with a saw opposite his own door—he went through the door into the street, knocking the saw about as if he was out of his senses—he was doing that for about ten minutes walloping the stones as fast as he could, and he was swearing what he would do—the people were frightened of him—he knew what he was about very well—he acted like a madman the way he went on—I do not know whether he left his children in bed—he had two children who slept in that room.
ELIZABETH GOGIN . I live at No. 4, King-street. The prosecutor lives eight or nine doors from me—on Saturday, the 18th of October, I remember this happening—I saw the prisoner between eight and nine o'clock—he came up to my place—he had a knife in his hand—I was washing a few things—he
made no more to do but upset the bed—he used very violent words, which I cannot express—he did not mention any body's name, except his wife's—he said, "The w—e is here (meaning his wife), and I will have her out," but she was never in my place.
JOHN HYNES CLIFT . I am a policeman. I heard the cries of "Murder" from the prosecutor's wife—I went to the house—when I got to the door I saw the prosecutor's left thigh was cut inside—he said Murphy had stabbed him—the prisoner was in his bed-room, and the door shut and locked—the prosecutor's thigh was cut, and the blood running profusely from it down his trowsers on to the floor—I broke the prisoner's door open, and told him he must go with me—he was lying on the bed, apparently asleep—I said be must go with me—he said he would not—he said I could find him at any time—I said he must go then, and with the assistance of my brother officer I secured him—we had great difficulty to get him out of the room—the prosecutor and his wife did not tell me what had happened in his presence—I took him to the station-house—I had passed the house that evening about a quarter of an hour before the cry of "Murder," and saw the prisoner's window shutter open—I looked in, and saw him sharpening a knife on a sharpening stone, and heard him say, "I will hare the bg——s guts out before I go to bed," but I did not know who he meant—he mentioned no name.
WILLIAM JAMES . I am a surgeon, I was dresser at the London Hospital at the time—the prosecutor was brought to the hospital either late on Saturday night, or early on Sunday morning—I found he had a wound on the front part of the left thigh, between four and five inches in length—it was an incised wound—it appeared to be done with a sharp instrument—it did not appear to have been inflicted with violence—It appeared to have bled a great deal, but did not bleed after he came to the hospital—I could not ascertain the depth, not wishing to disturb it—it was not in a dangerous place—I observed a wound on the middle finger of his right hand—both appealed very recent wounds.
Cross-examined. Q. I think you say it did not appear inflicted with violence? A. It did not, and was not dangerous—I believe he is quite recovered—he left the hospital in about ten days—the finger wound was merely superficial.
Prisoner's Defence. This man, at the time I came home, came in a violent manner, he burst in my door, and afterwards went out with his wife, and came in again, and his wife sat by the side of ay bed, and said, "Bill, I will pacify you if any body can pacify you"—I had had words with her before, and told the young man act to open the door, for fear my wife should come in; but they burst the door open, and she came and sat by the side of my bed—I said, "Why have yon done that?"—she said, "Come and have a pot of beer"—I said, "No, I will not"—Hallisey said, "Come, Bill, go and have a pot of beer, and we will make it all up"—I said," No, I shall not"—I would not go with bus, or have any thing to do with a man who had been with my wife—a scuffle took place, and he caught hold of me—I was in the act of cutting a piece of bread for my youngest boy, who is three years old—I bad the knife in my hand; whether he was cut or not, I declare I don't know, for he was drank, and I was no better—I had neither shoe nor stocking on, only my drawers—I had just got out of bed to open the door for him, and they went up stairs—his wife came down and said, "I will walk the passage in spite of hangman, murderer,
or thief"—but I never spoke to her—then the husband was after breaking the door open.
JOHN HYNES CLIFT re-examined. The prisoner was not so drunk as not to know what he was doing—he was a little fresh about nine o'clock in the evening—I did not see him in a public-house afterwards—he was not at all fresh when I went to his house—Hallisey was a little the worse for liquor.
MARY MAHONEY . I know the prisoner and the prosecutor—on the night the prisoner was taken up I was passing the house they live in, as near as I can guess, between twelve and one o'clock—the house is let out in tenements—I heard violent words between Hallisey's wife in the passage—she called the prisoner a b—'s son, a w—'s son, or a hangman, for keeping her from going in and out through the passage—her husband came up and asked me what brought me there at that time, and said what was between them and him they could decide without me—I said, "Hallisey, did I ever offend you, or say any thing on one side or the other?"—I stood by—Hallisey asked me to go out, and I moved more to Murphy's room door, which was on my left hand side—I was in the passage at the time; Hallisey's wife went into Murphy's room door, and I went in after her—she sat on the bed by the side of Murphy, and said whatever had occurred between either of them, she knew she could cool Murphy's passion—Murphy was on the bed at the time—John Hallisey sat on the bed by the side—the prisoner's two children were in the bed, crying—I stood along-side Hallisey's wife, and Hallisey came in on my left side—Murphy told him to keep out of his sight, calling him a ruffian, and told him to keep away from him—Hallisey asked him to come out to the public-house, and have part of a pot of beer with him—Murphy denied going out—Hallisey's wife asked him again to go out, and have beer—Murphy denied it—Murphy said, "If I would go out and have a pint of beer with him, he had no objection—I said it was too late, as the children were then crying—with that the two men scuffled on the bed-side—I saw no more—when I came out, I saw Hallisey's wife robbing her husband's hand, and said it was nothing—I did not think it was prudent for me to see a man opening the waist of his smallclothes, so I turned on one side, and she screamed out "Murder."
COURT. Q. You say he twice asked him to go and have beer, and he refused? A. Yes; and Murphy said, if I would go with him to drink beer, he would have no objection—I said, no, any body who wished him well, would not wish him to go out that night—I then saw the two men scuffling at the bed-side, and I turned out at the street door—when I got to the door, I saw Hallisey's wife rubbing her husband's hands at the back, and said it was nothing—the man put his right hand in the waist of his small-clothes—I being a widow, did not think it prudent to stop to see any more—I went towards my home, for the prisoner's wife was at my house—not in my room, but in the house I lodge in—I went home to her.
Q. Did Murphy give any reason for calling Hallisey a ruffian? A. He said, any body who had any thing to do with his wife in his absence, should keep out of his sight—I am certain he used that expression—I did not see any bread in the bed for the children—I have known Murphy, as near as I can guess, about sixteen years, if not better—I found him nothing but a quiet good-natured man, as far as I can understand—I have heard he was very kind to the prosecutor when he was ill.
MARY KEAMAN . I am a married woman. On the Saturday night, on which the prisoner was taken up, I saw him between eight and nine o'clock, at my own door—he asked if I had seen his wife—I said I had not, and he went up stairs—I was talking to Mrs. Mahoney.
GUILTY— DEATH . Aged 40.—Recommended to mercy by the Jury on
account of his family.
Before Mr. Baron Bolland.
4. THOMAS HOBBS, alias Holmes , was indicted for burglariously breaking and entering the dwelling-house of William Simmons, about the hour of twelve in the night of the 18th of October, at St. Giles-in-the-Fields, with intent to steal, and burglariously stealing therein, 24 boot-hook handles, value 20s.; 48 button-hook handles, value 2l. 8s.; 3 oz. weight of silver, value 15s.; 12 pearl handles, value 4s.; and 24 teeth instruments, value 20s.; the goods of the said William Simmons.
WILLIAM SIMMONS . I live at No. 3, Tower-street, Seven Dials, in the parish of St. Giles's. I am a steel-worker. On Saturday, the 18th of October, about twelve o'clock at night, we heard somebody in the work-shop—a young man was with me who works for me—my family consists of my wife and child, and a servant girl—I had made the house safe myself at eleven o'clock—the workshop is situated at the back of the premises, not on the ground floor, but higher—there are four windows to it, which open—I fastened them about nine o'clock—my young man went into the workshop on hearing the noise—we have a room even with the workshop—I did not go into the workshop—I fastened the window with a large wooden button, which keeps two close—there is a tiling by the window—a person could get into the window from the tiling—the window goes on hinges—it does not lift up—when I left the workshop at nine o'clock, I left a quantity of unfinished work on my bench—large button-hook handles and ivory—I made my way to the street door—I found it safely locked and bolted—I went into the workshop about an hour after and observed a 9-inch file sticking into a drawer, as if to prize it open—the file had broken in doing it—the file was mine—I had left it on the bench—I walked farther into the shop, and found a square of glass broken in one of the windows, which was open—that was not broken at nine o'clock when I left the workshop—a hand put into that square would turn the button—I then went into the tower shop on the ground floor—they communicate by a step ladder—I found a padlock broken off the cellar door—I keep my ivory in that cellar—the door had been opened, and all the ivory was gone—the box it was kept in was empty—there might be three or four dozen pieces gone—I then made to the street door, and found it fast as before—I called a policeman to have the place searched—the policeman did not come—my young man went into the front parlour—the street door commands a view of the parlour—on his going into the parlour, I hallooed out "Police"—my young man opened a large cupboard door, and I saw the prisoner in the cupboard—he worked for me as journeyman for four or five weeks—I have not a doubt of his being the man—he got out of the cupboard—I said, "You d—d scoundrel, what brings you here at this time on Sunday morning?"—he said, "I came here for my wages"—I said it was a pretty time to come for wages—he came to the street door while I was calling "Policeman," and knocked me down on the pavement—I followed him, but lost sight of him in Monmouth-street—on returning
to my house, in one corner of the cupboard where he was concealed, I found about three dozen pieces of ivory tied up in a handkerchief—I can swear, on my solemn oath, it is my property—it is ivory I had cut up myself—it had been in my cellar.
Cross-examined by MR. DOANE. Q. Had you seen any ivory in the cellar the same day? A. No; not the same day. The prisoner has been employed by me—he asked me, on several occasions, for his wages—I fastened up the place, about nine o'clock, on Saturday night—both the shops—nobody was in my house but my young man, who has been with me nineteen years—he sat with me the whole evening—I had bolted the shop door, not locked it—I did not meet the prisoner on the Tuesday after in Seven Dials—I had not seen him at all after this occurred, before he was taken into custody—he had asked me several times for 5s., which were coming to him—he knocked me down as he ran out.
WILLIAM SWINBOURN . I am in the employ of Mr. Simmons. On Saturday, the 18th of October, about twelve o'clock at night, I was with Mr. Simmons, in his room, and had been with him since I left work, which was about eight o'clock—while I was sitting with him, I was alarmed by a noise in the workshop—I went there, but did not take a candle with me—I heard a noise of foosteps hurrying down stairs, when I went into the shop—I came out again, and told my master somebody was there—I got a light, and went down into the front parlour—master was with me, and told me to open the cupboard door, which was shut—I opened it, and found the prisoner in the cupboard—master asked what business he had there—he said he came for his wages—he passed me, knocked Mr. Simmons down, and ran away—I went into the workshop with master afterwards—I found the window unbuttoned, and a square of glass broken quite close to the button—I knew the prisoner before—he worked there about five weeks—I have not a doubt of his being the man.
Cross-examined. Q. It appeared as if somebody had got in from the roof? A. From the tiling of the next shop. Our shop is not at the top of the house; it is the top of the workshop—the tiles are at the side, by the windows—the windows open on to the tiles of the next workshop—I heard the noise a little after twelve o'clock—I was with master all the while—I did not hear a noise at eleven.
GEORGE JOHN RESTIEAUX . I am a policeman. I received information of the robbery, and after four days' search, found the prisoner in Baldwin's-gardens, on the Wednesday—I produce thirty-seven pieces of ivory, in a handkerchief, which I got from Mr. Simmons—the prosecutor's house is in the parish of St. Giles-in-the-Fields.
Cross-examined. Q. Did you search the prisoner? A. Yes.—I found nothing but some bits of rag, and a key on him.
MR. SIMMONS re-examined. I know this ivory. This is the handkerchief it was in, which I found in the cupboard.
MARY SIMMONS . I am the prosecutor's wife. I know that handkerchief perfectly well—it is the prisoner's—I know it by using it in my husband's shop, in polishing ivory—I only used it once—I took it off a box in the workshop—the prisoner took it from my hand, and put it in his hat, saying it belonged to him.
Cross-examined. Q. Did you sufficiently notice it, to swear to it? A. I swear it is the same. There is nothing particular in it—I do not often polish ivory with a handkerchief—I did not know whose it was at the time,
but he said it belonged to him—I know it is the handkerchief—I could pick it out from five thousand.
(George Findley, cutler, Blackmore-street, Clare-market; Edward Perks, bracelet-maker, Turnmill-street; and Joseph Black well, Tash-street, Gray's-inn-lane, deposed to the prisoner's good character.)
GUILTY. DEATH .—Aged 26.
Before Mr. Justice Park.
Messrs. ADOLPHUS and BODKIN conducted the Prosecution.
GEORGE PITT . I am the son of George Dibden Pitt, of Gibraltar-row, West-square. On Friday the 8th of August, I went out to fish—I went to a ditch near the Surrey canal, about three o'clock in the afternoon, I saw a child in the ditch—it was in the water, lying on its side—it had its clothes on—the water did not quite cover it—I did not touch it, but called a man named Carter—I saw nobody but Carter—he was about one hundred yards off, walking along—he came and took the child out of the ditch.
Cross-examined by MR. STAMMERS. Q. What kind of place is this ditch? A. A large narrow place—I do not know how long—it is where the canal flows over—it goes into it—the banks are about two yards high—the bank I was standing on is about a foot from the water, and about two feet from the child—it is about two yards from the top of the bank to the water; I mean the place where people walk; but I had gone down the bank—there is no fence or any thing on the bank; it is quite open—the child was about two feet from the side of the bank.
COURT. Q. If you were walking along the road, is there any thing between you and the water; any fence? A. No; there is a foot-path at the top—then you go down, and there is another path—there is no bank between the foot-path and the water—the bank is about two yards from the water.
JAMES CARTER . I am a gardener and labourer, and live in Downing-street, Camberwell—on the 8th of August, I was near the Surrey canal—Pitt called to me—I instantly ran to him, as he said there was a child in the water—I saw the child lying in the water, on its left side, in the ditch, which runs parallel with the canal—it is a ditch made to take the waste water—it is of a clayey nature at the bottom—it had been cleaned out a fortnight before, I believe; but there was mud and clay at the bottom—I should think the water was about eight inches deep—I instantly ran to the child—it was lying on its left side, and its hand a little out of the water under its face—I got hold of its left arm with my right hand, and when I pulled it, the shoulder cracked—it is a good bit down from the bank to the water—I should think it is from a foot to fourteen inches—the top of the bank, which is the towing path, is about six feet—I let go of the arm and got down, and took hold of the child under both its armpits—it still seemed to me to stick, as if it was forced in by some means—I had a difficulty in getting it out.
Q. In your judgement, would the weight of the child by itself have buried it so deep in the mud as it was, if it had fallen from the bank by accident, or any means? A. No. I should think not; for there was a great quantity of flags there, and there was sufficient strength in them—they are strong enough to keep a heavier weight than that from sinking so deep—there was a handful of flags lying on the bank, as if they had been
just pulled out—they were wet, green, and fresh, as if just pulled up—I took the child out to the top of the bank, and called a veterinary surgeon, named Eldridge, whom I saw in Mr. Moseley's yard, about one hundred and thirty yards off—he came instantly and felt the child's pulse—he said he thought he could feel the pulse still beating—I ran from there to the Albany Arms as fast as I could—it is two or three hundred yards—I took the child with me, and got a hot bath ready as quick as possible—they had hot water in the house—I stripped the child and put it in—I ran directly and fetched Mr. Haskey, a medical gentleman, who attended to it instantly—I should think it was nearly a quarter of an hour from the time I first saw the child till Mr. Haskey came—every means were used to recover it, but in vain.
Cross-examined. Q. By "flags," I suppose you mean green flags that grow by rivers? A. Yes; I gave the same account before the Coroner as I have now, that it required more than extra exertion to lift it out of the mud.
Q. Did not you say it might have happened from the child rolling down the bank? A. Not the sinking into the mud—I said I thought it was forced into the mud—I said it might have rolled down the bank into the ditch—I said that was not impossible—it is possible it might have rolled down into the ditch—I examined the body of the child—there were no marks of violence on it.
COURT. Q. Before the Coroner were you asked, at the close of the examination, whether the child might have rolled down? A. Yes; I said it was possible it might—the flags on the bank were only on that particular part—they were fresh gathered, as if pulled just out of the spot where the child lay, and the flags under where the child lay were driven into the mud—I went and examined them afterwards—there were no footmarks by the side of the ditch—it was impossible to see them, as it is turf and gravel—it had been raining for two days before—when I went down to take the child out, the footh-path against the side which had been fresh cut gave way, and my foot slipped—I made no impression, with my feet on the top of the bank.
Q. Supposing the flags to be taken out fresh and green, was it necessary, to enable a person to take them out, to have gone down from the top of the bank, to the place where you were? A. He must have gone down from the towing path to the lower path—I saw no marks there—the person must either have knelt down, or put their feet right into the water to get at them—I saw no knee marks—the nature of the flat part of the bank would not make even an impression of a heavy shoe—I stood on the lower bank in the first instance, and reached the body without putting my feet in the water; but finding it would not come up, I was obliged to put my foot down.
JURY. Q. Supposing a child had rolled from the upper foot-path, would it have rolled into the water, or only on the lower foot-path? A. It might, if it had tripped head over heels—the bottom bank is not above two feet or eighteen inches—I cannot say whether, in that case, it would have gone so far into the water.
MATTHEW HASKEY . I am a surgeon, living at Camberwell. I know the spot where the child was taken from; it is in the parish of St. Giles, Camberwell, I believe—I know it is in Surrey—I was called to see the child on the day in question, at the Albany Arms—it was a female child—I thought it about two years old—life was quite extinct when I first saw it
—I stripped the body and immersed it in hot water, and used other remedies, without effect—I examined it all over, and found no mark, wound, or bruise whatever on it—I saw no discoloration on any part of the body—my opinion is, that it died from suffocation in water—that is my opinion, from what I saw and heard.
Cross-examined. Q. Suffocation it produced in various ways? A. My opinion is, that it was choked—suffocated and drowned in water.
LUCY PROUDFOOT . I am the wife of Henry Proudfoot, of Canal-row, Camberwell. I have known the prisoner upwards of twelve months—I lodged in the same house with him for upwards of six months, but not at that time—his wife lodged there with him—I recollect the child who is dead perfectly well—they used to call it Matilda, and sometimes Charlotte—she was called both those names by her father and mother—I know the prisoner and his wife were separated—the child lived with the prisoner's father and sister on the other side of the canal bridge, nearest St. George's church—on the 8th of August, I saw the prisoner on the canal bridge, with his little girl Matilda—I believe it was near one o'clock—he was a little way on the bridge, going towards the Albany road, as if from his father's house—he spoke to me first, and asked how I was?—I said I was pretty well—I had my baby in my arms, which is one month older than the prisoner's child—his child would be two years old in September—the two children spoke to each other, and my little girl gave it a bit of cake—he had hold of his child's hand, walking—I believe the prisoner was dressed in a black coat and corded trowsers—he had very large whiskers to what he has now, and a crape hat-band on a black hat—I asked him if he was living with his wife—he said yes, he was, and Mr. Goddard was going to put them into business—I kissed the child—I stooped down and asked the child if Daddy whipped her now, and she said, "No"—I did not hear of the death of the child till next day, Saturday—I did not go before the Coroner—nobody interfered with me, and as I was subject to fits, I thought I would have nothing to do with it—when the prisoner parted from me, he went towards the Albany-road way—that would be towards the ditch the child was found in—we were not above seven yards from the turning.
Cross-examined. Q. When you met the child walking with the prisoner, they were walking hand-in-hand? A. Yes, as father and child—I never heard her called any other names than Matilda or Charlotte—I have not heard her called Charlotte Matilda, but sometimes one, sometimes the other—I never heard both names together—I believe the prisoner and his wife are married; she always said so—I never heard the prisoner speak about it—my eldest child is seven years old—I have whipped him sometimes.
COURT. Q. They passed as man and wife, and lived together as such? A. Yes.
(Mary Matilda Finnegan and John Finnegan being called upon their recognizances, and not appearing, their recognizances were estreated.)
ELIZABETH BARNES . I am single, and live in Garden-row, Camberwell—I am the prisoner's wife's first cousin. I knew the child whose death is being inquired into; her names were Charlotte Matilda Finnegan—I did not see her after death—the prisoner and his wife had separated about three months I believe: the child was under the care of his father—they had another child, younger than this, who was with its mother—it is four months old—on Friday, the 8th of August, I saw the prisoner and his wife
together in George-street, Camberwell, between one and two o'clock in the afternoon—the infant, four months old, was with them—I heard the prisoner say to his wife, "I have murdered"—I heard no question to which that was an answer—I heard nothing before that—the prisoner's wife said, "Oh God, where is my child?"—the prisoner said, "She is happy and in heaven"—at that time he had the infant in his arms—I took it from his arms, on his saying the child was happy, and in heaven—I said, "Fred, don't say so"—he said, "Betsy, you think I am trifling; I tell you I am not; she is happy, and in heaven; she will want no more earthly provision"—I had the child then in my arms—the prisoner kissed his wife; he kissed her more than once; the wife returned the kisses—the prisoner then left, and the wife then fainted—she was taken into her own house, and attended to—the prisoner had a black hat on, with a crape hatband, and his whiskers were very full—his wife's name is Jane—I saw the prisoner next day (Saturday) about twelve o'clock—his hatband was off then, and his whiskers were taken off—I noticed his hands at the time of the conversation on Friday; they were dirty, as if mud had been dryed on them—I afterwards went to the father's to inquire after the child, and they gave me some account of how it went away from there.
Cross-examined. Q. You are related to the prisoner? A. To his wife—I am her first cousin—I have not had frequent opportunities of seeing them—I have seen them since their marriage—they parted shortly after their marriage.
Q. Do not you know that on the very day of his marriage he disposed of his furniture, tools, and every thing he possessed? A. No, I do not—I came up in the midst of the conversation between them—I was not there at the beginning—I do not know what passed before I got there—the prisoner appeared to be perfectly collected; not agitated in the least; not till he parted with his wife—I did not observe the slightest agitation when he related the circumstance.
Q. Will you have the goodness to tell me, having known him some time, whether at various periods he has not displayed insanity of mind? A. I never saw any thing of the kind.
COURT. Q. You probably may know he had a good cause for wearing crape; he was in mourning, perhaps, for some of the family? A. For his mother—I do not know how long she has been dead—I did not hear the wife say any thing about what he ought to do, or was to do—I have repeated all the conversation I heard, to the best of my memory—I did not see the child after death.
GEORGE BARNES . I am a shoemaker, and am brother to Elizabeth Barnes. I know the prisoner, and knew the child slightly—I did not see her after she was dead—I first heard of the child being destroyed about six o'clock on Friday evening, the 8th of August—I took very little notice of it, and laughed at it rather, not thinking it to be true—the answer I made was, he had only said that to frighten his wife—about half-past nine o'clock in the evening I was returning from business which I had to do, and met the beadle and some others, and understood then the child was really dead—I looked for the prisoner at his father's house, and his wife's house, and several other places, but could not find him that night—next morning I overtook him in Acre-lane, going towards Clapham—I said, "Halloo, Finnegan, how is it that you are here?"—he seemed rather amazed, and said, "How did you know that I was here?"—he immediately said,
"You have seen Jane?" (meaning his wife)—I said, I had not—he said, "You are deceiving or betraying me"—I will not be certain which—I told him I was not—he seemed to doubt it—I told him I had seen my sister, who had seen his wife, and she had told my sister she had an appointment to meet him at Clapham Common, but his wife was too ill to come, and she had requested my sister to come in her stead, that my sister was rather tenacious and unwilling to come, and I had come there to meet him, thinking he had something to communicate to his wife, which if he had, and would tell me, I would communicate it to her, as I should be very ready to do every thing in my power to bring them together again, and make them comfortable—some other trifling conversation took place between us till we arrived at the Plough, at Clapham, still walking on while we talked—when we got to the Plough, I asked him if he would have a glass of ale—after hesitating a little, he agreed to go with me—we went in, and as soon as we got in at the door, I said to him, "You are my prisoner"—I saw a person named Fieldwick, of Camberwell, and said, "Mr. Field-wick, I claim your assistance to take this man for murdering his child"—Finnegan then said to me, "Don't make any noise about it, I will go whereever you like"—I took him to the station-house at Camberwell, and from there to Union-hall, at seven o'clock that evening—I did not see the child after death.
THOMAS CLIFFORD . I am beadle of the parish of Camberwell. I knew the child, Charlotte Matilda Finnegan, in its lifetime—I saw the body of a child at the Albany Arms, on Friday evening, the 8th of August—it was the body of the child who I knew as Charlotte Matilda Finnigan—I was sent for when the prisoner was brought to the station-house—I have the clothes of the child—I recollect seeing her in these clothes at church—they were covered with clay mud—I have a plan of the spot—it is impossible for a child to get there by itself, as they were bringing loam to raise the road, and it was all along—if the child had been on the towing path, it was not impossible for it to fall into the ditch—I know the bridge across the canal from the side of the water nearest to his father's house—it is about eight hundred feet from the bridge to where the body of the child was discovered.
Cross-examined. Q. Were you present at the christening of the child? A. Certainly not—the prisoner's sister told me its name; and I removed the prisoner, his wife, and child, in 1833 from our parish to Lambeth, and know its name by that—the prisoner's sister lives with her father.
Prisoner's Defence. I left the child there under great excitement of mind, and I cannot tell how it came by its death.
GUILTY— DEATH . Aged 28.
On the Fourth Day of the Session, William Butterfield, wharfinger and coal-merchant; and James Oram, a lighterman, deposed to the previous good character of James Holgate. William Larter, a cow-keeper, living at 36, Aldermanbury, deposed to that of John Holgate.
LONDON AND MIDDLESEX LARCENIES.
The Prisoners sentenced to imprisonment are to be confined in the Houses of Correction of the respective Counties in which their offences were committed.
OLD COURT. Monday, November 24, 1834.
First Jury, before Mr. Recorder.
GEORGE ELLIS . I am a Thames police-officer. On the 30th of October, I was coming down Old Gravel-lane, between five and six o'clock in the evening, and saw the prisoner lift a hat off a peg, at Mr. Cooksey's shop door—he ran up the lane with it towards me—I seized him, and after a struggle he chucked it down in the road—I secured him, and took him to Mr. Cooksey's shop, and told a lad to bring it to me, which he did—he said distress drove him to it—I found about three pounds of bread about his person.
Prisoner's Defence. The hats hung outside the door—I knocked one off with my arm, and picked it up—the officer ran after me, and took me—it was accidental.
GUILTY . Aged 21.— Confined One Month.
JOHN CASTELL . I am a confectioner, and live in Princes-street, Leicester-square. The prisoner was my errand boy—I sent him on the 23rd of October, with some barley sugar and other things, to two or three different places—the policeman brought the prisoner to my house, and produced a spoon which was mine—I had not allowed him to take it out—it had been in general use that day—he left me about six o'clock in the evening to go on his errand—he worked in the kitchen where it was—he said he took the spoon when he went out in the evening—he had only been a week with me.
JAMES KING . I am a pawnbroker, and live in High Holborn. On the evening of the 23rd of October, the prisoner came to my shop, and offered a table-spoon—I asked him how he came by it—he said he brought it from his mother, whose name was West—I asked him what mark was on it—he said, "W"—I gave him into custody of Osborne with the spoon.
WILLIAM OSBORNE (police-constable E 28.) I received the prisoner into custody—when I got into the street another boy was waiting in the door-way for him—he hallooed out to the other boy—I took both the boys into custody—after bringing the prisoner to his master, he said his mother sent him to pawn it—he afterwards said he took it out of his master's plate basket.
(Property produced and sworn to.)
Prisoner's Defence. A boy was waiting outside the door for me all the afternoon, and he enticed me to take it.
GUILTY. Aged 13.—Recommended to mercy. — Confined One Week.
JAMES MIDDLETON FRITH . I am an apprentice to Mr. Thomas Green, an oil and colourman, in Leather-lane. I misted nine brushes on the 16th of October, between seven and eight-clock in the morning—I saw them at Hatten-garden, a week or ten days afterwards, in possession of Johnson—I had put them just within the door hanging up—they are marked with the price by myself—I know them by my mark—I had only sold three—they were together a one bundle—I had seen them safe the day before.
THOMAS JOHNSON (police-Constable G 81.) On Wednesday night, the 15th of October, I was on duty in Gray's lnn-lane, and met the prisoner one hundred and fifty or two hundred yards from the prosecutor's shop—he had three brushes offering for sale at 4d. each, to persons passing in the street—I asked hew he came by them—he would give me no satisfactory answer—I took him and found six more brushes stuffed down his trowers—two down one thigh and two down another, and one in each trowsers pocket—he then said he had given 1s. 6d. a pair for them, and wished to get his own money back again—I heard him offer them at the corner shop in Grays Inn-lane—I heard him say, "Do you want to buy any brushes?"—the man said, "No"—the prisoner was going to walk away, and I took him—he said he had bought them for the lane at 1s. 6d. a pair, and wished to turn his own money by soiling them for 4d. each—he was in liquor.
Prisoner. I was not in liquor—he said he would transport me if he could, or would be paid the soles of his boots, which he had worn out.
Witness. I did not, not any thing to that effect.
Prisoner's Defence. I bought them honestly at the top of Gray's Inn-lane, and paid the money for them—I never offered them for 4d. each—I bought them of a man who had fifty brushes selling there.
GUILTY . Aged 68.— Confined Six Months.
JOHN MONK . I am foreman to Mr. Gray, of the Bolt-in-Tun, Fleet-street. On the afternoon of the 29th of October. I saw the prisoner come out of the yard, with a basket and a great box coat—I followed, and overtook him in Water-street, Blackfriars—I brought him back, and the coat was claimed by Mr. Chilman.
EDWARD CHILMAN . I am a coachman, and live at Godalming, in Surrey. I was at the Bolt-in-Tun, Fleet-street—I left my great coat in the end boot of the Godalming coach, which stood in the yard—the prisoner was brought back with it—it is worth 4l.
(Property produced and sworn to.)
WILLIAM CUTTRISS (City policeman No. 24.) I took charge of the prisoner with the coat—I found a watch on him, and two keys which open the hind boots of coaches—one was a pipe key, and the other a latch key—it is suitable to most locks of hind boots.
GUILTY . Aged 35.— Transported for Seven Years.
10. ANNA MASSEY was indicted for stealing, on the 3rd of November, 2 rings, value 2l.; 1 locket, value 6s.; 2 necklaces, value 6s.; 6 yards of lace, value 20s.; 1 gown skirt, value 10s.; 1 petticoat body, value 18d.; 4 3/4 yards of lawn, value 10s.; 1 yard of holland, value 2s.; 2 yards of nankeen, value 1s.; 1 petticoat, value 3s.; 20 skeins of silk, value 3s.; 3 yards of trimming, value 2s.; and 1 pair of scissors, value 6d.; the goods of Ann Jury, her mistress.
ANN JURY . I am a widow, and live at No. 33, Bishopsgate-street Within. The prisoner was in my service—I carry on the business of a butcher—on the 2nd of November, I had occasion to make some alteration in some boxes I have up stairs—I went up into the prisoner's bed-room, and looked into a linen chest—I there found some things between two feather beds, which she slept on alone—they had been in a black leather trunk in the room next to her room—we call it the box-room—there was a gown skirt, petticoat, and some trifling articles—this induced me to ask her to let me see her box, in which I found some lawn, holland, nankeen, lace, and several other things—I missed some rings and lockets a day or two afterwards, and they were found concealed under some bricks in the cellar, in my presence—she had access to the cellar—the rings were taken from a glass drawer in my bed-room, and a key, which I saw found in her box, fitted that glass drawer—it was not the proper key, but it would open it.
WILLIAM WELHAM . I am an officer of St. Luke's. I have two rings, which I found under the bricks in the cellar—the prosecutrix was present, and her two sons—here are some beads, a locket, two rings, and an opera glass.
CHARLES LEWIS . I was in the service of Mrs. Jury at the time. I was sweeping the cellar, and saw two bundles, which I did not meddle with—I told Mrs. Luck of it—she is a woman who came to beg Mrs. Jury's pardon for the prisoner—I do not know what the bundles contained.
SAMUEL SHEPHERD . I am a constable of Bishopsgate. I have three yards of thread lace, three lawn handkerchiefs, five pockets partly made, a quantity of sewing silk, a small quantity of lace, a pair of scissors, and a black necklace—I found the scissors in the prisoner's pocket, and the other things in her box; and in her room I found a small key, which unlocked the drawer the jewels were kept in.
(Property produced and sworn to.)
Prisoner's Defence. The sewing silk, lawn, and shells, are my own—the day she gave me into custody, she said her spoons were all right—and in about a week afterwards, she missed two spoons.
GUILTY . Aged 23.— Transported for Seven Years.
JAMES GODWIN . I am the driver of an omnibus. On the evening of the 16th of November, I came to the Bank, and left the omnibus in the care of Richard Dawson—I left my coat on the box, and missed it when I came back.
RICHARD DAWSON . I was left in care of the omnibus—I was sent to fetch Godwin, and as I came back, I observed the prisoner getting up on the other side of the omnibus, with the coat on his shoulder—he went away with it—I did not know but Godwin had sent him for it, as he used to mind the omnibuses there sometimes—the coat has not been found—he was taken up in about ten minutes—I am sure he took it.
Prisoner. I had not been there four minutes, when I was accused of stealing the coat—I was there when the coachman went to get something to drink, and remained there when he came out.
RICHARD DAWSON re-examined. I was present when the officer took him—I said he was the young man—I had described him to the officer—he said he was innocent—I am quite sure he is the person I saw take it—I knew him before—I have seen him selling things in the streets—I have known him twelve months—I left the omnibus in charge of the time-keeper.
GUILTY.*—Aged 24. Transported for Seven Years.
12. JANE PAYNE was indicted for stealing, on the 22nd of October, 4 silk handkerchiefs, value 12s.; 2 napkins, value 4s.; 8 towels, value 3s.; 1 shift, value 5s.; 1 shirt, value 10s.; 1 table-cloth, value 1 s.; 3 shirt studs and 2 gold chains, value 1l.; the goods of Charles Hoare, her master, to which she pleaded
GUILTY . Aged 25.— Transported for Seven Years.
ROBERT PILKINOTON . I am a porkman, and live in Chandos-street. I employed the prisoner to go on errands for me occasionally—he was authorised to receive money, if persons paid him—on the 4th of October I sent him with a leg of pork to Mr. Coleman—when he came back I asked him for the money—he said it was not paid—it came to 4s. 5d.—I paid him so much a week for what he did, and sometimes gave him his meals.
ELIZABETH ASHFIELD . I am niece to Mr. William Coleman, cutler, Haymarket. On the 4th of October the prisoner brought a leg of pork there, and this bill, I paid him, 4s. 5d., and he wrote this receipt on it.
GUILTY . Aged 16.— Confined three Months.
WILLIAM MOTT . I am clerk to Messrs. John Augustus Thrupp and two other partners—they are coach-makers, and live at No. 269, Oxford-street. The prisoner had been in their employ about eighteen months—on the 20th of October, in consequence of information, I went to a back part of the shop, and found some new bolts concealed under some hay; I marked two, and set a person to watch—about one o'clock, I saw the prisoner in the street—I sent a man to fetch him back—when he came to the front of the shop, I went and took him by the arm, and told him to walk into the counting-house—he told me to let go his arm, and he would walk—the counting-house door which I went to was locked—I sent a man round to open it, and when I was going in with the prisoner, I saw at his feet some bolts—I took them up, and two of them were those I had marked—I sent for the officer, who found on the prisoner twenty-one bolts and nuts—I have no doubt they were Messrs. Thrupp's, but there was no mark on them.
and saw the prisoner come twice that day to where the hay was, and each time he took some bolts away—I gave information, and he was stopped—Messrs. Thrupp and Co. had a great many bolts like these.
ROBERT AUSTIN PYER (police-constable T 71.) I was called into the counting-house, and found the prisoner. I took him into custody—Mr. Mott said it was for stealing the bolts—there were five of them on the desk—I found one more bolt in one of the prisoner's jacket pockets; twelve in the other jacket pocket, which were loose; and eight in his breeches pocket, which were tied in a piece of paper—when I was taking him to the station-house, he said it was but a very small trifle, that they were worth but a shilling, and he was only to get a shilling for them at Paddington—when he got to the station, he said they did not belong to Messrs. Thrupp.
Prisoner's Defence. I had bought these bolts a fortnight before, and when I put them there, I did not think any one would touch them—I was going to give them to a person—the bolts which laid at the door, I had nothing to do with.
GUILTY . Aged 50.— Confined Six Months.
ISAAC JEANS . I keep the Cleveland Anns, in Montague-street, St. Marylebone. On the afternoon of the 27th of October, I was at dinner—I received information, and went out—I saw the prisoner opposite my house—I asked her if she had got a pewter pot—she said "No"—I opened her apron, and found a pint pot of mine in her apron—I asked how she got it—she said she did not know.
THOMAS HARRISON (police-constable D 22.) The prisoner was given into my custody for stealing this pot. I asked her what she was going to do with it—she said she did not know—she said she lived in St. Giles's—I asked her where, she refused to answer.
GUILTY . Aged 45.— Confined Three Months.
HENRY PAYNE . I am son of John Payne. He keeps the Portman Arms, Marylebone—he has lost one hundred and thirty pots within the last twelve months—the prisoner was in the habit of coming to the house of a morning, sometimes for gin, and sometimes for porter—on the 9th of October, in consequence of information, I watched her—she went into Gloucester-place, and took two pint pots off the rails, and put them under her apron—I went and asked what she had got—she made no answer—I said, "Yes, you have," and took these two pint pots of my father's from under her apron—I let her go—I afterwards saw her in custody, and said she was the person.
Prisoner's Defence. I never flaw him till I was in custody.
Witness. I am sure she is the person.
GUILTY . Aged 45.— Confined Three Months longer.
OLD COURT.—Tuesday, November 25th.
GEORGE WILLIAM SOMERVILLE . I am a shoe maker, and live in Brillrow, Somer's-town. I sent my boy with my donkey, on the 19th of September, to Pancras-fields, to graze—I went these myself about eleven o'clock, and saw it safe—my boy afterwards came and gave me information—I went, and it was gone—it was found next morning in the City Green-yard—that was Saturday—I know the prisoner, by seeing him sell water-cresses about.
GEORGE SOMERVILLE . I am the prosecutor's son. On Friday, the 19th of September, I took the donkey to Pancras-fields—it was grazing there—I saw the prisoner there, with another boy, named Tom Wells, both lying down—I knew the prisoner before—he sells water-cresses—he and Wells were together in company—the prisoner came up to me and asked if my father wanted to sell the donkey—I said "No?" and then the other sprung up and said, "I will give you 10s. for it"—he held out his hand—there was no money in it—they both went away into another street, and then came back—one took hold of its ear, and the other beaf him out of the field—I ran after them as far as I could, and then ran home and told my father—I am quite sure the prisoner was the person—he took hold of its ears, and trotted him off—it was about twelve o'clock.
BENJAMIN DIGBY . I am a baker. I saw the prisoner two days previous to this transaction—Thomas Wells brought the ass to me at one o'clock on Friday morning for sale—I bought it of him for 9s.—the prosecutor saw it next day—I saw Wells and the prisoner two days previous to that at Romford—Wells brought two asses home, and sold them to me that day—I had to purchase a dozen donkeys for my brother, who was going to the West Indies—I gave 24s. for some of them.
CHARLES GRINHAM . I apprehended the prisoner in Gray's-inn-road—I told him I wanted him for being concerned with Wells in stealing a donkey in Pancras fields—he asked when it was?—I said it was in September, and afterwards said it was on the 19th (Friday)—he said, "I was at Newbury, in Berkshire, gathering water-cresses, and can bring witnesses to prove it."
Prisoner's Defence. I was in the field with Wells—he said to the boy, "This Donkey belongs to Martin"—he went to Martin and said, "This is your donkey"—Martin said, "No, it is not"—I went to work, and Wells took the donkey through the turnpike, and I never saw him again.
GEORGE HAGUR . I was going down Brill-row—I saw the boy belonging to the donkey in the field, playing at marbles—I was going across the fields, and saw Wells taking the donkey through the turnpike—he ran up Camden-town—the boy came by, and asked me if I had seen any body take the donkey?—I said, "Yes, Wells ran up Camden-town with it, "and he fetched his father.
GUILTY . Aged 19.— Transported for Seven Years.
GEORGE HEPPLEWHITE . I am a mariner. On the 21st of November, was in Ratcliff-highway, between, eight and nine o'clock at night—the policeman touched me, and asked if I had lost a handkerchief—he showed me two—the second was mine—I had it in my hand very shortly before.
company—the prisoners were in company, and close together—I watched them some time—they followed the prosecutor—I saw the prosecutor and his lady stop at a fishmonger's shop—I saw Benson take from the prosecutor's pocket this handkerchief, and give it to Elford, who was close to him—they immediately separated, and went different ways—I took Elford into custody with the handkerchief—my brother officer pursued and took Benson—I am quite certain of them—I searched Elford, took one handkerchief from him, and he dropped another.
JAMES PORTCH . I am a policeman. I was in company with Nicholas—the prisoners were in company together—I saw them following the prosecutor—Benson took the handkerchief and threw it to Elford—they separated—I followed Benson, and about fifty yards on secured him.
(Property produced and sworn to.)
Elford's Defence. I had just left my work—I went to Ratcliff-highway to meet a young man there, and was returning home.
Benson's Defence. I had just come from work, and went to have a pint of beer—I was walking along—the policeman seized me.
ELFORD— GUILTY . Aged 22.
BENSON— GUILTY . Aged 19.
Transported for Fourteen Years.
Before Mr. Recorder.
JOHN ALTON . I am shopman to Francis Cotton, pawnbroker, Hackney-road. In consequence of information I received, I ran out of the shop on the morning of the 29th of October, and saw the prisoner going up Weymouth-terrace—he was walking, but when he heard me coming he ran—I called "Stop thief"—he threw a handkerchief from his jacket, which I picked up—I ran after him, and a man stopped him—I took him back to the policeman and gave him into custody—the handkerchief belongs to Mr. Cotton—it is silk—it had been pawned, and was not redeemed.
BENJAMIN STONE (policeman N 39.) I received the prisoner into custody—I had run after him on hearing the alarm—he was walking at first, but when he saw us running, he ran—I saw him throw down the handkerchief, and Alton pick it up.
Prisoner. I picked it up by the tide of the door, not knowing who it belonged to.
GUILTY . Aged 18.— Confined Three Months.
WILLIAM HOFFRATH . I am watchman to the London Docks. On Tuesday, the 21st of October, I saw the prisoner at the Shadwell-gate of the Docks—I asked him where he came from—he said, from the Claphyra, which he belonged to—I told him he could not come out with his clothes, and I proposed to take him on board the ship—he had a bundle containing a jacket and pair of blankets—when I got him to the ship, I asked the first officer if he belonged to it—he said, "No"—I called the people in, and Thomas claimed the clothes.
Prisoner. I told him they belonged to a man whom the hammock belonged to Witness. No. he said they were his own.
JOHN THOMAS . I am a mariner on board the bark Claphyra. On Tuesday, the 21st of October, we came into the basin of the dock, and I saw the prisoner in the basin—this jacket is mine—I did not give him authority to take it—I know nothing of him—I had left it in my berth in the forecastle—the prisoner had no business on board.
JOHN CELER . I am a seaman on board the Claphyra. This blanket belongs to me—the prisoner had no authority to take it—I did not see him on board—I saw him standing on the quay as we hauled into the dock.
(The prisoner put in a written defence, stating that he had found the jacket in the dock basin.)
GUILTY . Aged 55.— Transported for Seven Years.
ELIZA PHELPS . I am the wife of William Phelps, who keeps the Red Lion public-house, York-street, St. James's. The prisoner was our pot-boy for five or six months—on the 11th of October I saw him at the bar-—he told me he wanted change for a sovereign, and a quartern of brandy for Mrs. Hunt, who is a customer—I gave him the brandy in a half-pint pot, with seven half-crowns and 2s. 6d.—he went out with it—I gave it him to give her change—he was to bring me a sovereign for it—he never brought it back—I saw no more of him till he was apprehended.
THOMAS WILLIAM COKE ABRAHAM . I went with Mr. Phelps to apprehend the prisoner in Park-crescent mews, on the 31st of October—I found him there, and said, "I apprehend you on a charge of stealing a sovereign and a quartern of brandy from your employer—he made no answer.
(Mrs. Phelps, the prosecutrix, gave the prisoner a good character.)
GUILTY. Aged 21.—Recommended to mercy. — Confined Three Months.
22. CHARLOTTE MORRIS was indicted for stealing, on the 27th of October, 1 tea-tray, value 1s.; 2 knives, value 9d.; 2 forks, value 9d.; 1 table cloth, value 2s.; and 1 flat iron, value 6d.; the goods of Francis Wood, her master.
SARAH WOOD . I am the wife of Francis Wood. On the 23rd of October, the prisoner came to our house as a servant of all work—she remained till the 27th, and left that evening without any notice whatever, and took a band-box and basket with her—she left a large box behind—her husband came on the following morning to solicit us to take her back again—the trunk was her own—I refused to take her back—she came on the 30th for her trunk—I requested her to allow me to see it before she left—she came up stairs—the other servant was with me—she opened her box, and took out a tea-tray belonging to me—I had asked if any thing of mine was in the box, and she said there was nothing belonging to me—I also found two knives, two forks, one table-cloth, and one flat iron—Brooks, the constable, came and took possession of them—they are my husband's—she had never used these things—her trunk was kept up stairs in her bed-room—the things were in the kitchen when she came.
Prisoner. The things were thrown away in a lumber room. Witness. They were not—the knives and forks were in the knife-box.
(Property produced and sworn to.)
(Robert Malcott, licensed victualler, Warwick-street, Cockspur-street; and Henry Harris, tobacconist, No. 19, Union-street, Borough, deposed to the prisoner's good character.)
GUILTY. Aged 22.—Recommended to mercy. — Confined Six Weeks.
GEORGE MOSS . I am a sailor, and live at North Shields. On the 21st of November, I met the prisoner by the George, Commercial-road, about one o'clock in the morning—I went home with her to John-street, Commercial-road—Thomas Crain, my friend, went to bed with her, and I laid on three chairs in the room—about fire o'clock in the morning he called out that he was robbed—I immediately got off the chairs, and called for a light—the landlady brought a light down, and I found my handkerchief was taken off my neck—I was sober, and am sure it was on my neck when I went to sleep—it was found round the prisoner's neck when the light came—I had not paid her any money—she had some refreshment, but not at my expense—I did not give her my handkerchief—she said she lived there—Crain gave me a shilling, I went out and got a candle—brought in the officer, and had her apprehended.
Prisoner. I went out to get a pot of porter, and a pint and a half or gin, and he font me the handkerchief to tie round my neck—he was so tipsy he could not be moved out of his room, and laid on the chairs. Witness. I was not drunk, and did not lend her the handkerchief—she went out for gin, but the handkerchief was round my neck then.
THOMAS CRAIN . I am a mariner, and live at the Ship public-house, Bell-wharf stairs. I was going up the Commercial-road with Moss, on the night of the 21st of November, and fell in with the prisoner—another girl was with her—I went home to the prisoner's lodgings, No. 2, Upper John-street—I and the prisoner went out and fetched something to drink—I changed a sovereign, and paid about 3s. for the drink, and when I came back I gave her 3s.—I had my purse in my pocket—Moss laid on three chairs, at the foot of the bed—the other woman went up stairs to bed with a young man—the young woman who had come there with Moss went home—Crain came to me while I was in bed, and I lent him some money—I was awoke about five o'clock—Moss had his handkerchief round his neck when I went to bed—he did not give it to the prisoner—I called him up in consequence of an alarm in the morning, and the landlady brought a light.
Prisoner. Q. Did not you lend me the handkerchief to go out and get the porter and gin? A. No; she had not got it when she went for the liquor—none of us were tipsy.
FRANCIS EGAR (police-constable K 151.) On the morning of the 21st I received information from Moss—I went to No. 2, John-street, and took the prisoner into custody—the handkerchief was not on her neck then.
(Property produced and sworn to.)
NOT GUILTY .
THOMAS CRAIN . I am a mariner, and lodge at the Ship, Bell-wharf stairs. Early in the morning of the 21st of November, I was in company with my shipmate, and fell in with the prisoner—another girl joined company with me—she took us to her house, No. 2, Upper John-street, and in about ten minutes asked for something to drink—we went out and got some drink—I changed a sovereign—I then had seven sovereigns about me—we had one pot of beer and a pint and a half of gin, which came to nearly 3s.—we went home and drank, and Moss laid down—the young woman who he came with, wished him to go to her lodging, but he would not, and she left—I went to bed with the prisoner—I gave her 3s.—I put my pantaloons under my head with a purse, 7 sovereigns and 11s. In it; and about five o'clock in the morning, I was awoke by feeling something over my face—I made a grab, And caught the pantaloons, and found there was nothing in the pockets—I seized the prisoner's hand, and asked her for my purse and sovereigns, and said, "You are robbing me"—I directly took out of her hand 1l. 11s.—I made an alarm, and sent Moss for an officer, as the candle the landlady brought nearly went out—the officer came, and found the purse outside the fender, and two rings inside the fender—I found no more of the money, except what the officer who took her found.
GEORGE MOSS . When the alarm was given in the morning, as soon as the light came, I saw the prosecutor wrestling with the prisoner—he took my handkerchief off her neck, and gave it to me—I went for a candle and an officer, and when I came book, we found the purse and rings in the fireplace, but no money.
FREDERICK EGAR . I am an officer. I was sent for—the prosecutor told me what had happened—I took the prisoner into custody, and searched the room as well as I could, but could find none of the property—I took her to the station-house, but found nothing on her at that time.
JOHN SKEWS (policeman K 57.) I saw the prisoner at the station-house—she called me to the door, and asked me to get her some coffee—I said I would if she would give me the money—she said, "Come inside"—I said, "No, I shall not come inside; what you have to say, I can hear"—she said, "Come inside; here, get me some coffee"—I heard something rattle in her month—she pulled a sovereign out of her mouth, and said, "You won't say any thing, will you?"—I said, "Give me the money, I will get your coffee"—she said, "I will give you 4s. If you will say nothing about it"—I reported the circumstance to the sergeant—we had her out, and examined the cell, and searched her as well as decency would permit, but found nothing, but the sovereign she had in her mouth—she was not searched before at our station-house—she was brought from King David-lane station-house.
Prisoners Defence. I gave him a sovereign, which I had received on the Wednesday evening did not offer him 4s.
GUILTY . Aged 23.— Transported for Seven Years.
JAMES MUIR, JUN . I am the son of James Muir, calenderer, of Long's-buildings, Whitecross-street. On the night of the 27th of October, I was in Whitecross-street, at half-past eight o'clock—some music was playing—I saw the prisoners standing by my side in company—Ashton had his arm on Turner's shoulder—Ashton snatched my cap off my head, and handed it to Turner—they had not been playing with me—there were five boys by at the time—Ashton ran away—Turner passed the cap to one of the other boys, and they all ran away—I met a policeman, went with him into an alley, pointed out the prisoners, and he took them—I had seen them often before—when I lost my cap, their faces were smeared with red ochre, and so they were when the policeman took them, which was in about ten minutes—when Ashton took my cap, I went to him and told him he had got my cap—he said it would hit me in my b—y mouth if I said so—they did not know me—I had never spoken to them.
JOHN KERSHAW (policeman G 123.) On the night of the 27th of October, the prosecutor came to me, and pointed out the prisoners in Chequer-alley—their faces were smeared with red ochre—the cap was brought to the station-house that evening by a woman, who is not here.
(Property produced and sworn to.)
(The prisoners put in a written defence, stating, that several boys were pulling off each other's caps, but that they had not joined in the play, and declaring their innocence.)
NOT GUILTY .
JOHN MISSETT . I am a sailor. On Wednesday, the 22nd of October, the prisoner came to my place, in Angel-gardens, Ratcliff-highway—she lived in the street, but I had not seen her for two months—I went up stairs—she kept calling me, and following me up stairs into my room—she sat down by the fire, and said she had no place to sleep; would I let her sleep there, as she had been walking three nights—I said I would—she pulled off her clothes and got into my bed, and after smoking my pipe, I turned in along-side of her—she slept till morning, and then I said I wanted to go out—she said she did not want to be seen coming out of my place, and asked me to lock her in—I said, "No; put on your clothes, and go out"—it began to rain, and was very cold—I did not go out—we breakfasted together—then she asked if I would let her wash her apron—I said I would—I went to lie down on the bed, and by this time it began to get late at night; she got herself clean, and walked about the house, and then said she was going out a bit, and would soon be back—this was about six o'clock—she came in half an hour, and went about the house backwards and forwards—my shoes hung up over my bed—she sat by the fire-side, and then got up—I said, "Cannot you sit down?"—she said, "No; I am going out a bit"—she went out; whether she went down stairs I could not tell, but she came into the room quite quiet—I saw her sitting on my bed—I had not heard her come—she began to trot About the house again—whether she took the shoes then, I cannot say—she said again, "I am going out again;" and then she must have taken the shoes with her—nobody could have taken them except her—I had seen them safe when she was in the room, and after she went out they were gone—I found them in pawn at Falkard's, but he is not here now.
Prisoner. He coaxed me into his room, and told me to take the shoes, for he had no money to pay me—I should not have told where I pawned them, if I had stolen them. Witness. That is a lie; do you think I would give you two pair of shoes?
JAMES WHITE (police-constable K 285.) On the morning of the 25th of October, the prisoner was given into my custody by the prosecutor—I asked her how she came to take the shoes—she said distress had driven her to it—I asked what she did with them—she said she pawned one pair and sold the other; and after naming, two or three pawnbrokers to her she said they were at Falkard's.
Prisoner's Defence. What the prosecutor hat said is quite false—he was looking out of his window, and he called me up.
GUILTY . Aged 17.— Confined One Month.
27. JAMES NORTON and EDWARD ABBOTT were indicted for stealing, on the 30th of October, 25 planes, value 12s., And a basket, value 1d., The goods of Thomas Lisle Ross. 2nd Count, stating them to be the goods of Frank Wisdom.
THOMAS LISLE ROSS . I live in Ball-alky, Lomboard-street, with my father, who is a hair-dresser. I have an uncle named Frank Wisdom—when he left town be left his carpenter's tools with me to dispose of, and to send the money to him—on Wednesday evening, the 29th of October I took some planes in a basket to Dye's beer-shop, is Finsbury-market—I left them there, not wishing to take them home that evening—they belonged to Wisdom—I saw them safe these next morning, when I showed them to two persons who wished to buy them—I missed them that evening—a young man had said in the prisoner's presence, that he would take me where I could sell them in the afternoon—Abbott said, "Remember you come"—I said I would if I could, but I went to the West-end, of the town—I left the prisoners outside the door when I went away—I could not go is the afternoon, but went about seven o'clock in the evening—I then only found the lid of the basket—I saw some of the tools exposed for sale at Bales' door, in Old-street-road, about twelve o'clock next day—I gave the prisoners in charge in consequence of suspicion—I said I gave them in charge for stealing the planes—Abbott said, "What, me steal the planes!"—I fetched the broker, and he identified him as the person who sold them.
Cross-examined by MR. CLARKSON. Q. Do you keep a shop of your own? A. No; my father does—his name is Alexander Ross—my uncle left the tools at my father's house, but in my care—my father had nothing to do with them, I am quite sure—I shall be seventeen years old in April—my uncle is a carpenter—I knew Abbott by sight before, but did not know his name—I may have spoken to him twice—he was never at our house—I never asked the prisoners to dispose of the planes—I saw Abbott again the day after I missed the planes—I took no notice of it to him—I never saw him in the beer shop afterwards—I saw him in the market—I never kept company with him—I do not know that I ever drank with him—I might have drank in the same room—when I gave them in charge, they offered me some beer—they knew I wished to dispose of the planes—
I never said I should like them to find a customer—I should not object to their selling them, if they had brought me the money.
Cross-examined by MR. STAMMERS. Q. You knew Norton before by sight? A. Yes; but not by name—I gave them in charge on the Friday, in the market—a young man named Hood was present, and a plane-maker was walking with the prisoners—I do not know his name—it may be Leonard—I did not give that man in charge—I said Norton and him (Leonard) were the two—I had no idea at that time that any others were the two men—I gave Leonard in charge from what the broker told me—the young man who was with me said, that was not the one, the other was the one, and the officer did not take hold of Leonard—I gave Leonard in charge, and Norton, I think—the pawnbroker said it was two young men—one had greasy trowsers on, and was marked with the small-pox, and the other was a very little fellow—he gave no other description—Leonard if not marked with the small-pox—I did not give him in charge—the officer never laid hold of him—Norton is marked with the smallpox—Abbott is not, that I know of—I said to the officer, "These are the two"—then I corrected myself directly, and said it was the two prisoners—all three were together when I pointed them out—Norton had a hat cm, and a cloth cap inside it.
ROBERT DYE . I keep a beer-shop in Finsbury market. Ross came to my house, and offered some tools for sale, and left them at my place—he came again on Thursday, and took the tools, and laid them on the table by the window to show them—several people stood looking at them, and the prisoners among them—on Thursday night he came for the tools, and they were gone.
Cross-examined by MR. CLARKSON. Q. Were they on a table in your shop? A. He put them on a table, but afterwards put them under the beer cask: about the middle of the day—they were deposited there for safety—it is an open shop, with a shutter part of the way up—I did not under-take the care of them—they were merely left there—I knew nothing about selling them—I had seen the prisoners about the market.
JOHN BALE . I am a salesman, living in Sarah-place, Old-street-road. On Thursday evening, the 30th of October, some planes in a basket were brought to my house by the two prisoners, but neither of them spoke to me—three or four days previous, a person in the neighbourhood had spoken to me about some planes, but I did not see the prisoners before—the prisoners said they wanted 10s. For the hollows and rounds—I said the set was not complete, there should he twenty-five of them—I offered 6s. for them—they wanted 8s.—I refused—they went out, came back in five minutes, and said they would take 7s.—I gave my brother 6s. To give them—I went out, but he gave them the money before I got out—I saw no more of them till they were taken.
Cross-examined by MR. CLARKSON. Q. Did you give the full value? A. I gave a fair value—there was nobody but the prisoners present.
Cross-examined by MR. STAMMERS. Q. You were in a hurry going out? A. I was going out, but I was not in a particular hurry—I was about five minutes talking to them—I spoke to them both, and both offered the planes for sale—one had some in a basket, and the other some in a bag—they said they had brought the planes for sale—I know them sufficiently to recognise them.
Q. Pray have you ever said it should be the worse for the prisoners, as you had been informed somebody belonging to them had been in the neighbourhood
inquiring your character? A. No—I heard somebody was inquiring about my character, but I did not say it should be the worse for them—I said I was sure they could not find any thing bad of my character—I might have said if they tried to hurt my character, if money would punish them I would do it—it was not respecting the prisoners, but who, ever wanted to take my character away—they might have thought me a bad character by buying the planes—I said, if I thought any body could hurt my character, if 50l. Would punish them I would do it—it was a smith who inquired about me—that expression did not refer to the prisoners.
Cross-examined. Q. Did you ever see him before? A. No—I did not see him for more than five minutes—I was in the shop when they brought them—they had hats on—I did not see Leonard.
JAMES HANLEY . I am an officer. On Friday the 31st of October I went with the prosecutor and another young man, to Finsbury market—the two prisoners, and another young man stood with their backs towards us—I told Ross to be particular with regard to their identity—fee pointed out another man, I believe Abbott, but I will not be positive—all three stood together—he immediately went round, looked in their faces, and said, "No, that is not one," and pointed out the other—he only saw their backs when he first spoke to them—I took them both into the beer-shop and told them I apprehended them on suspicion of stealing planes out of that very shop—Abbott said, "What I me steal planes! no—I said I took them for stealing them and selling them to a broker in Old-street—Abbott said, "I know nothing of the planes"—I sent the prosecutor to fetch the broker—the moment the broker came, he said, "These are the two men"—Norton denied it, but only faintly.
(Richard Davis, cabinet-maker, Skinner-street, Bishopsgate; Daniel Norman, cabinet-maker, Skinner-street; John Price Carden, cheesemonger, Mason's Alley, Basinghall-street, gave the prisoner Abbott a good character; William Savory, type-founder, No. 7, Park-place, Hackney; and Joseph Salmon, plate-worker, New-street, Bishopsgate, gave Norton a good character.)
NORTON— GUILTY . Aged 18.—ABBOTT— GUILTY . Aged 18.
Confined for One Month.
JOSEPH COX . I am a brace-maker, and live at No. 75; London-wall The prisoner is my wife's son—I maintained him, and employed him occasionally—after he returned from sea, I kept him till an opportunity offered for him to go out again—I employed him to go on errands, and assist in my business—I did not pay him any wages—his time was entirely at his own disposal—I merely sent him on errands—he cleaned my boots and his own—he acted as a servant, and I maintained him—I have sent
him out to obtain money for bills—he never was employed in my shop—on the 4th of October, I sent him to Mr. Liddaman, with some goods made to order, with a request that he would bring back the money, which I wanted—he returned, saying that he had not the money, but was to go on the following Monday for it—it was 4s. 6d.
WILLIAM LIDDAMAN . I live in the London-road, Southwark. The prisoner brought me a paper of braces on the 4th of October—he produced me a bill—I asked him if he preferred the land service to being with his father, as he was dressed as a sailor—he said he did—I gave him pen and ink, and said, "Have the kindness to make that paid" and he wrote, "P. Cox"—I paid him the 4s. 6d.
JOSEPH COX re-examined. The prisoner never accounted to me for the 4s. 6d.—he was at liberty to go away when he pleased—I was under an engagement to keep him—I requested him to go on an errand, and he did so—his services were voluntary—I did not consider him my servant.
NOT GUILTY, not being employed as a servant.
SAMUEL HERAPATH . I live on Holborn-hill. I saw the prisoner in conversation with some women passing Mr. Thornhill's shop, on the 19th of November—the women did not go into the shop—the prisoner was in conversation with about three or four females, and as they went on they turned up Plumbtree-court—the prisoner immediately went to the prosecutor's door, looked to see if he was watched, and took three brushes from the door, and ran off with them—he ran from the door up the court—I ran out against him, and he dropped the brushes immediately—I ran after him, calling, "Stop thief!"—he ran up the court, and then across the street.
Prisoner's Defence. I was intoxicated, and did it in a frolic—they hung outside the door—I just gave them a chuck up—the witness called "Stop thief"—I ran away.
GUILTY . Aged 24.— Confined Four Months.
30. GEORGE ALLEN and THOMAS MORRIS were indicted for stealing, on the 21st of October, 1 trinket-box, value 2s.; 1 necklace, value 1s.; 2 brooches, value 7s.; 1 cap, value 6d.; 1 pair of gloves, value 6d.; 1 knife, value 3d.; 1 earring, value 3d.; 1 buckle, value 3d.; and 1 pair of bracelets, value 6d.; the goods of Mary Loader.
MARY LOADER . I was living as nurse at St. Katherine's Cottage, Regent's-park. Allen came there to clean knives—on Tuesday, the 21st of October, I delivered my boxes to him to take to my mother's, at No. 9, York-row, Kingsland—when I got home in the evening they were there, but I found a band-box had been opened—I missed from it two small boxes with trinkets in them, and a cap, and several things; a bonnet, a remnant of lace, and other things, which were quite safe when I delivered it to him—I went next day to St. Katherine's Cottage and saw Allen—I told him of it—he denied it for some time—I threatened to get
a policeman—he then said perhaps he might show me the boy who had some of my things—I asked him to tell me where the property was—he said he knew nothing of it—I said if he would tell me where my property was, I would give him 5s., And say nothing more about it; but he would not—he said he knew nothing about it—but when I said I would fetch a policeman, he said he would show me the boy who did have some of it—I was going along with him; I met an officer; took him with me, and found some of the property on Morris, and gave them both in charge—I have since seen two of the brooches—I know this brooch, earring, necklace, and knife; these were in the box.
Cross-examined by MR. DOANE. Q. When did you put the articles into the box? A. Five minutes before I gave it to him—it was in consequence of what Allen told me that I found Morris, who was quite a stranger to me.
WILLIAM HENRY LUMLEY . I am an apprentice to William Crush, pawnbroker, Museum-street, Bloomsbury. I have a cap, a piece of lace, a pair of gloves, and bracelets; pawned on the 22nd of October, by Morris, in the name of Thomas Morris.
JOHN COLLINSON . I am a policeman, and live in Cirencester-place, Fitzroy-square. On Wednesday, the 22nd of October, I met the prosecutrix in Tottenham Court-road, in company with Allen—she said she had been robbed, and Alien could point out the person who had done it—I went with him to a house in High-street—Allen pointed out Morris, and said that was the boy who had done it; and I found a trinket-box on him, containing a necklace, and brooch, and earring; and six duplicates, one of which led me to Crush—I went to No. 10, John street—Allen told me he had some property there, and I found a small box, containing a brooch and buckle, and three duplicates not relating to the property—Allen told me those were his lodgings—I took him into custody also—I found the articles on a rabbit-hutch, in the back-yard, by his direction.
(Thomas Rental, John-street, Tottenham Court-road, and Thomas Webberly, coal-dealer, Windmill-street, gave the prisoner Allen a good character.)
ALLEN— GUILTY . Aged 17.
MORRIS— GUILTY . Aged 17.
Recommended to mercy.— Confined Three Months.
PETER FREDERICK ROBINSON . On the 1st of November, I was in Great Russell-street, about one o'clock in the day—my arm was suddenly seized by a stranger, who said my handkerchief was gone—I missed it—there was a cry of "Stop thief," and I saw a man running away—the pursuit was so quick, that he dropped my handkerchief, which a gentleman took up and gave me—in about two minutes a policeman brought the prisoner up from an adjoining street—I cannot say whether he was the man.
JOHN GRAHAM HOLLINGSWORTH . I was in Great Russell-street—I live in Bedford-row—I was on the opposite side of the street to Mr. Robinson—my attention was called to the prisoner and another young man walking very close to the gentleman's coat pocket—I saw the other one put his hand into his pocket, draw the handkerchief out, and give it to
the prisoner—I crossed over and told the prosecutor—they were both close together—they ran away—the prisoner thrust the handkerchief into his breast, and ran very fast towards Charlotte-street; and before he came to the corner I saw him drop the handkerchief on the pavement—I picked it up, and, on turning the corner, the policeman had him.
(Property produced and sworn to.)
(James Quelch, shoemaker, of Great St. Andrew-street, Seven Dials, and Matthew Pew, of Percival-street, Clerkenwell, deposed to the prisoner's good character.)
GUILTY . Aged 18.— Confined Six Months.
First Jury, before Mr. Recorder.
32. JOHN CARTER, alias Thompson , Was indicted for that he, on the 8th of November, feloniously did forge a request for the delivery of 14 pounds weight of white lead and 14 pounds weight of black paint, with intent to defraud Thomas Barrow.—2nd COUNT. For feloniously uttering, disposing of, and patting off a like forged request, well knowing it to be forged, with a like intent.
MR. RAWLINS conducted the Prosecution.
THOMAS BARROW . I am an oil-man, and live in Lower Thames street. On the 8th of November the prisoner applied to me for a cask of white lead and paint—he said Captain Pescod, of the ship Hunter, A New-castle trader, had sent him for the goods contained in the order, which he produced to me—I delivered them in consequence of the order—they came to 30s. (read.)
"8th November, Tower-stairs.
"Miss Inwood, please to let my carpenter have 14 lbs. of white lead and 14 lbs. of black paint, for the Hunter Newcastle trader.
William Pescod, master."
The order is addressed to Mist Inwood, who had carried on the business some years, and I had married her on the 1st of January.
WILLIAM PESCOD . I am master of the ship Hunter. This order is not my handwriting, nor was it written by my authority—I was in the ship in the Yarmouth roads on the 8th of November—I had not given the prisoner orders at any time to go with the order—he was not my servant at the time—I had dealt with Mr. Barrow all the while I was in the ship—I dealt with Miss Inwood—it was only lately I learned Barrow married her, but I never had any transactions with him—the prisoner had never been in my employ—I have known him upwards of twenty years—he was formerly captain of a Newcastle trader himself and knew nearly all the ships dealt with Miss Inwood.
THOMAS BARROW re-examined. This order was presented on the 8th of November this year—the business has been carried on by me since the 1st of January—I did not tell the prisoner there was no Miss Inwood—I was in the shop when he presented the order—I delivered him the goods—he did not ask who I was—I requested him, when he went on board, to tell Captain Pescod he had received the goods—I cannot say whether the prisoner knew of my marriage—when he presented the order, it was for 14lbs.—he said that would not be sufficient, and I altered it to 28lbs.
NOT GUILTY .
33. JOHN CARTER, alias Thompson Was again Indicted for that he, on the 11th of November, feloniously did forge a request for the delivery of 28 pounds weight of white lead, and 1 mop, with intent to defraud Thomas Barrow.—2nd COUNT. For feloniously uttering, disposing of and putting off a like forged request, well knowing it to be forged, with a like intent.
THOMAS BARROW . On the 11th of November, the prisoner came and produced this order—I delivered him 38 lbs. of white lead and a mop, on account of William Peascod, the master of the ship Hunter (read)—I believed it to be the genuine order of Captain Pescod—he was a customer of Miss Inwood's many years—I was not in her employ before I married her—I let him have the goods—he made a verbal application at another time for more goods—I let him have the goods, believing he came from Captain Pescod.
Prisoner. I did not represent that I came from Captain Peascod. Witness. I am quite certain he did.
WILLIAM PESCOD . I am captain of the Hunter. I did not write this order, nor authorise it to be used, nor did I receive the goods it was not written by my authority at all—it is forged in all respects—I never employed him to obtain goods from Inwood on my account.
Prisoner's Defence. I did not write the order.
GUILTY . Aged 44.— Transported for Seven Years.
34. ELLEN MORETON and MARY STEELE were indicted for stealing, on the 1st of November, 3lbs. weight of mutton, valve 1s. 6d.; and 1 knife-cloth, value 1d.; the goods of William Robinson Carden, the master of the said Ellen Moerton.
JOHN FAGAN (policeman N 69.) I was watching near the premises of Mr. Carden, in Shacklewell-lane, about eight o'clock on the 1st Nov., at night—I saw Steele pats and repast the front at the house—she then took up some gravel, and threw it towards the kitchen window—then crossed over to the other side of the way, and very shortly after the side-door opened, which leads to the back yard—it is the servants' door—Moroton case so the iron gate of the fore-court—Steele met her—Moreton handed over a parcel to her, which Stock took under her shawl, and in a few seconds she went away—I followed, and stopped her about two hundred yards off—I asked what she had got—she said a parcel, which was her own property—I asked what it contained—she said a few bones, which the servant gave her after some hesitation; I found it was this mutton us a cloth—there was one bone, and about 3lbs. of mutton—I did not weigh it.
Cross-examined by MR. PHILLIPS. Q. Did you eat it? A. I did eat part of it—it was given up to Mr. Carden, and I took it home—my family eat it—I suppose there was about 3 lbs.—I had permission to eat it—Mr. Twyford told me to produce the cloth, and keep the mutton—it was roasted—I will swear there was more than 1 lb.—I examined Moreton's trunks—nothing was found in them.
Q. Had it not the appearance of broken meat which is often given to a gentleman's cook? A. It appeared to be slices from the middle of a leg of mutton—it was sweet—Mr. Carden was reluctant to prosecute.
Cross-examined by MR. CLARKSON. Q. What was the weight of the bone? A. It was a small bone, a shank bone—I should think it would not weigh half a pound—this was not planned on my part—I did not expect to see these women—I knew nothing of them—I had not sent my
son to Steele at any time—I have heard he has been to her, but I did not know of it—I learnt it from himself—it was mentioned first by his mistress, Mrs. Young—Steele is married, I believe—I saw her husband tonight—I did not know him before—I did not tell Moreton I had wanted her a long time.
WILLIAM ROBINSON CARDEN . The prisoner Moreton lived with me as cook—I had had a leg of mutton on the Thursday previous—she was taken on the Saturday—we had a loin of mutton on the Saturday—these appeared to be slices cut from the leg and part of the loin—none of it was left in the house—I did not dine at home, and do not know how much should be left—there appeared to be two or three pounds before the Magistrate—it did not appear meat which had been left, but slices cut out of the meat.
Cross-examined by MR. PHILLIPS. Q. I believe you said you did not wish to press the charge? A. I did tell the Magistrate so—I expressed great reluctance to prosecute her—I have three children and an apprentice—this was mutton cut off the leg which we had on Thursday—the servants eat the same as us—I sent it home, the leg weighed about 10lbs.—I believe some of it was eat on the Friday—the family dined off it twice, and I generally took some myself, when I return home in the evening to supper—the prisoner has lived with us since May.
JURY. Q. Did you expect it to be brought up on the third day? A. We always expect it brought up till the joint is finished—it appeared to be slices from the thick part of the leg—the servant said she cut it off for her own dinner on Thursday, and could not eat it, and cut more on Friday, and could not eat it, and thought she might give it away—she might think that what she could not eat she might give away—she has delicate health.
NOT GUILTY .
JAMES PICKETT . I am a watchman. On Saturday night, the 15th of November, I was on duty in St. Catherine's-crescent, and about half-past one o'clock I saw a cab pass, and the prisoner snatch a coat from the cab—I ran after him—he threw it down—I took it up and threw it to a patrol—two watchmen stopped him in my presence.
SAMUEL PATRICK . I am a policeman. I produce a certificate of the prisoner's former conviction—it purports to be signed by Mr. Clark—(read)—I was present at the trial—the prisoner is the man who was convicted then.
GUILTY . Aged 21.— Transported for Seven Years.
that or the change—his father brought him back the following morning, and returned part of the change to me then—he was to get the change where he liked—I merely desired him to get change—his father lives in the Temple, near me.
WILLIAM CANNING . I am the prisoner's father. He came to me and asked me to get change—I gave him 20s. Wrapped up in a piece of paper, put it into his side pocket, and told him to be careful and take it to his master, like a good boy—he came home at twelve o'clock at night, and brought with him 6s. 6 1/2 d.—I took him to his master next morning.
GUILTY .* Aged 14.— Transported for Seven Years.
NEW COURT.—Tuesday, November 25, 1834.
Fourth Jury, before Mr. Common Sergeant.
37. AMELIA FOX was indicted for stealing, on the 25th of August, 1 pair of trowsers, value 20s.; 1 gold ring, value 3s.; 1 crape shawl, value 5s.; 1 necklace, value 5s.; 1 brooch, value 10s.; 1 coat, value 3s.; 2 handkerchiefs, value 1s. 6d.; 1 cap, value 3s.; 1 waistcoat, value 1s.; and 1 book, value 6d.; the goods of Christian Rist Shirley, her master: also, on the 18th of February, 2 blankets, value 4s.; 1 pillow, value 1s. 6d.; 1 looking-glass, value 1s.; and 1 sheet, value 2s., The goods of Rodolph Guy; to which she pleaded
GUILTY .— Confined Nine Months.
38. CHARLES WILKINSON was indicted for stealing, on the 23rd of October, 1 pillow, value 5s.; 1 pillow-case, value 1s.; 2 window-curtains, value 15s.; and 2 sheets, value 10s.; the goods of Thomas Bishop; to which he pleaded
GUILTY . Aged 29.— Transported for Seven Years.
JAMES WHISKIN . I live in Ashby-street, and am owner of a house, No. 19, Crown-street. I missed two bottom sashes from there—one from the first floor, and one from the ground floor—they were hung with lines and weights.
Cross-examined by MR. PHILLIPS. Q. Had you any marks on them? No: they had been in my house for years—I had seen them safe about eight days before.
BENJAMIN COLLINS (police-constable G 217.) I was on duty at half-past six o'clock in the morning on the 1st of November, and saw the prisoner with these two sashes on his shoulder—I asked where he was going—he said, to take them to the Commercial-road, and he had brought them from Tabernacle-walk—I asked him to go back and show me the house—he said he should not, but I might go with him to the Commercial-road—I said it was nearer to go back to Tabernacle-walk—he then said he was authorized by a gentleman in the Commercial-road to fetch them from Tabernacle-walk, for fear they should be stolen—I asked how he got into the house—he said he got the key from a person next door, named Ward, I think—I again asked him to go back—he said he should
not go back to the Eagle—I said there was no Tabernacle-walk there, it was close by—he then said he meant Shepherdess-walk—I took him to the station-house, and went there, but could not find the person he represented, nor any house from which any sashes had been taken—he said the name of the gentleman who he said had sent him was Burt—I went in the direction where I had met him, which was about two hundred yards from Crown-street—I there saw two empty houses, and, on looking up, I saw a sash had been taken from the first-floor window—I found the door ajar, and on going in, I found a stove in the passage which had been pulled out of the parlour, and the bottom sash was gone from the parlour—I found a chisel on the prisoner.
Cross-examined. Q. Did you find any key on him? A. No. I did not go to look for Mr. Burt—I found upwards of 3s. In money on the prisoner, which was returned to him.
Prisoner's Defence. The tale I told the officer was correct—he refused to go with me, and dragged me to the station—I told the officer to go to Mr. Powell, of Shoreditch.
NOT GUILTY .
ANN POWELL . I am the wife of John Powell, of Wellington-street, Goswell-street. On the 22nd of October, about a quarter past eleven, a boy came into our shop and took a purse which contained this money, out of the till—I saw him take his hand from over the counter, with the purse in it—he ran out of the shop—I followed him—the prisoner stood outside, and I saw the boy give the purse to him—they ran different ways—I called out, and the prisoner was brought back by the police officer and Carty—this is the purse which they brought back—one of the shillings in it was marked—this is it—the officer is very ill, but another officer has brought the purse.
Prisoner's Defence. I was going along the street—a lad threw down this bag—I took it up, and the officer said I had stolen it.
GUILTY . Aged 21.— Transported for Seven Years.
41. EDWARD ASHTON and JAMES ASHTON were indicted for stealing, on the 31st of October, 1 bag, value 6d.; and 57lbs. weight of flour, value 8s. 6d.; the goods of Robert Henry Smith, the master of the said Edward Ashton.
ROBERT HENRY SMITH . I keep a baker's shop at No. 3, Belinda-street, Islington. The prisoner, Edward Ashton, was in my service—I know James Ashton—he passed as his brother—about seven o'clock in the morning, on the 31st of October, I was called out of bed by the police officer—there was no other person up in the house but Edward Ashton; and the officer said in his presence, that he had his brother in charge, and that Edward Ashton had begged him not to call me, for he had given him the flour—here are fifty-seven pounds of it—it is similar to mine, but I cannot swear to it.
JOHN FOREMAN . I live at the Castle public-house, Belinda-street. I was taking down the shutters that morning, and saw James Ashton take this bag of flour from Mr. Smith's door—I saw the door ajar—I followed
him, and gave him into custody—I pushed the door, and some one held it—James Ashton said he had bought the flour.
MATTHEW SULLIVAN (police-constable.) I received charge of James Ashton, with this bag on his shoulder.—he said it belonged to himself, and he had brought it a long way—I then went to Mr. Smith's, and knocked at the door—Edward Ashton answered me from the area—I said I wanted to see Mr. Smith respecting some flour which his brother had been stopped with—he said, "Go back, and don't tell Mr. Smith's any thing about it? at will ruin at"—I said, "Did you give the flour to your brother?"—"Yes," said he—I persisted in seeing Mr. Smith, and knocked at the door again—Edward said, in the pretence of Mr. Smith, that he had given it to his brother.
EDWARD ASHTON— GUILTY . Aged 30.— Confined Two Months.
JAMES ASHTON— GUILTY . Aged 28.— Transported for Seven Years.
JOHN DOCKING . I live at North Minims. I was at the Alderman's Arms, Enfield, on the 20th of October, about six o'clock—I had a coat, which I took into the house, and when I had done my business, I told my son to put it into my cart—I saw the two prisoners there, and Scambler, who is not in custody—they were drinking together—they asked me to give them some beer, which I did—I afterwards missed my font, and had them taken—this is my coat.
Cross-examined by MR. PHILLIPS. Q. Whose is this beer-shop? A. Mine. My son lives there in care of it—I had known Scambler before—I did not see him leave the house, but the two prisoners were in the room after he left it—I had my coat in the bar, and told my son to get the horse ready, and put the coat in the cart.
ROBERT EDWARD DOCKING . I am son of the prosecutor. I saw the prisoners and Scambler there, drinking together—I put the coat into the cart—the horse was then in, and ready for starting—I missed the coat in ten minutes—the prisoners were gone.
Cross-examined. Q. Was Scambler in the house after the prisoners were? A. Yes—I did not see them alter I saw the coat—the officer has been searching for Scambler—the prisoners paid a young man in the house who is not here—Scambler went out last—he has run away since this charge.
JOSEPH COX . I was in the Alderman's Arms. I saw the prisoners and Scambler drinking together all the afternoon—they left about half-past five—I did not see them go—I went after them, and saw Scambler and Mapes walking together—Tongue was perhaps twenty yards behind them—Scambler had a bundle tied round his neck—I told him I wanted to look into his bundle—he untied the sleeve of his smock-frock, threw it down, and said, "You may look in it and welcome"—Mapes ran away—the bundle contained this coat—I put my hand in, and felt it—Grant took it, and I ran after the men, but did not take them—I returned, and met Tongue walking in the road—I said I should give him into custody, as he was in company
with them—he said I might, for he knew nothing of it—we went to the White Lion afterwards, and found the two prisoners there.
Cross-examined. Q. Does not Tongue live at the White Lion? A. Yes—he had nothing with him—the coat was tied up in a smock frock—I I should not have known it was a coat—I ran after Scamhler and Mapes for about five minutes before I returned to Tongue—he might have gone twenty ways.
DAVID GRANT . I was going to Enfield, and met the two prisoners, and Scambler was rather behind them—they said, "Good night"—I then met Cox—we went after the men, and overtook Mapes and Scambler together—Tongue was rather behind them—Cox said, "Stop, I want to look into your bundle"—Scambler said, "You may, and welcome"—he threw it down, and they ran off—I took the coat and this frock.
MAPES— GUILTY . Aged 19.— Confined Six Months.
TONGUE— NOT GUILTY .
Beckett Pleaded GUILTY .— Transported for Seven Years.
JOHN FAULKNER . I am a jeweller, and live opposite the prosecutor On the 25th of October, I saw the prisoner walking past his door, which was open, as it usually is—I then saw Beckett go in, and in a little while Gardner went in—they came out together, and went away—Beckett had this lamp under his arm—I went after them, and got a young man to assist me in taking them—I said they must both come back—I took Gardner—he resisted very much; and we were both down together—he said he knew nothing about it—he had stolen no lamp.
Cross-examined by MR. PHILLIPS. Q. What Beckett had represented to him, you do not now? A. No.
FORTUNATUS-HEMMING. I was going along Charles-street, and assisted Mr. Faulkner—I took Beckett with the lamp.
Gardner's Defence. I was going to Paddington after a situation—I met Beckett, who asked me to be so kind as to unhook one end of this lamp to keep it, from breaking—he had it in his arm—he waited off, and I walked on the other side—the witness came and touched me on the shoulder, and said, "You are to take the lamp back"—I said, "What lamp?"—he said, "The one you stole"—I said I had not stolen it.
GARDNER— GUILTY . Aged 20.
44. WILLIAM BECKETT was again indicted for stealing, on the 30th of September, 1 coat, value 2l., The goods of Herbert Robinson; 1 hat, value 1l., The goods of James Hance; 1 hat, value 10s., The goods of William Blyth; and 1 hat, value 15s., The goods of Daniel Blyth.
ELIZABETH JOHNS . I am housemaid, to Mrs. Ann Styles, No.84, Gower-street. On the evening of the 30th of September, the prisoner came to the house with a note, directed to Mrs. Styles—I asked if he was
to wait for an answer—he said, "Yes"—I took it up stairs, and as I was coming down, I saw the prisoner run out with a coat of Mr. Herbert Robinson's, and three hats, one of Mr. James Hance's, and two of Mr. William and Mr. Daniel Blyth's, who were at the house that evening—I cried, "Stop thief," but there was no officer near, and the prisoner escaped—I am sure he is the man.
Prisoner's Defence. I was at work at the time in Fitzroy market.
GUILTY . Aged 20.— Transported for Seven Years.
WILLIAM WILLIAMS . I was passing along the Poultry, about nine o'clock, on the 1st of November. I felt something at my pocket—I turned suddenly, and saw the prisoner with my handkerchief under his coat—I collared him with one hand, and seized the handkerchief with the other—he struggled very hard, but the officer came and took him.
Prisoner's Defence. I did not take it—it was thrown into the auction-room, between me and a gentleman—I picked it up—the prosecutor said it was his, and I said he might take it.
GUILTY . Aged 20.— Transported for Seven Years.
TAYLOR PRITCHARD . I am foreman to Mrs. Esther Elizabeth Luke—she keeps a shoe warehouse, No. 30, High-street, Islington. The prisoner was her servant—we searched her box, and found 9 pair of shoes and 4 pair of boots, on the 23rd of October—she said she had taken them, at different times, from the glass-case in the ladies' shoe-room.
GUILTY . Aged 35.— Confined Six Months.
47. SARAH NEMICK was indicted for stealing, on the 22nd of October, 2 bags, value 3d.; 4 sovereigns; 2 half-sovereigns; 5 half-crown; and 10 shillings; the goods and monies of Thomas Bay, from his person.
THOMAS DAY . I buy fish, and go down to Hitchen. On the 22nd of October, I went up an alley in Field-lane, to ask for Peggy—the prisoner came and said she would find her for me—she got me into a room, and began to pull my pocket about—I said, "Let my pocket alone, and find Peggy"—she still kept her hand to my pocket—I missed my purse, and saw her draw my purse out, which contained the money stated—she then blew oat the candle, ran away, and left me in the dark—I knocked at the next door, and begged the gentleman to give me a light—he said he durst n t, for the party would murder him—he at last gave me a light and said, the best thing I could do was to wait till the morning—I waited till six o'clock in the morning—I then went out with Mclntyre, and found the prisoner in the second coffe-shop—I got an officer, and gave charge of her—she said she knew nothing about it—I had locked the door, and had the key in my pocket—I held it up to her, and asked if she knew that—she said "No"—I sat down by her side, and saw a handful of silver in her lap—I said, "Here is the woman and the money"—I gave the money to the officer—I was not in the room with her more than three or four minutes.
Prisoner. He asked me to look for Peggy, and I left him with a pot of
beer in his hand when I went to look—he wanted to take liberties with me—he was very tipsy. Witness. No; I was not—I had no beer in my hand.
JOHN MCINTYRE . I live in New-court, Field-lane. I saw the prosectutor and the prisoner go up the court together—the prisoner lodged within six or seven feet of my door—the prosecutor was inquiring for Peggy, Whom I knew—the prosecutor came to me in about half an hour, exclaiming that he had been robbed, and he wished he could get a light, for he could not find his hat—I said I dare not give him a light, but advised him to stay there till the morning—he said he had been robbed of four sovereigns, two half-sovereigns, and some silver.
JOHN CRIDDLE (police-constable H 142.) On the morning of the 24th of October, I was called to take the prisoner at a coffee-shop—the prosecutor charged her with robbing him of the money stated—she said she had never seen him, now this witness—the prosecutor held the key to her—she said that belonged to a woman in the hospital—the prosecutor saw some silver in her lap—said, "Here is my money"—she said it was not his—there were 7 shillings, 1 half-crown, and 3d. Or 4d. In copper—the prosecutor was quite sober.
Prisoner. Q. Did not another policeman say, that the prosecutor had charged another woman with taking his money? A. No; he said he had seen the money in the prosecutor's possession, about half an hour before, and then he was the worse for liquor.
GUILTY . Aged 33.— Transported for Seven Years.
RICHARD VENES . I live in Parliament-court. The prisoner occupied a room in an adjoining house—she was in the habit of working in my house—on the 18th of August, I was sitting by my kitchen doors between eight and nine o'clock in the evening—I had a pair of boots safe, in my front room—no one could pass through the room without my seeing them—the prisoner passed through the room and out into the street, and no one after her—this was about nine o'clock—I had seen, the boots safe between eight and nine o'clock—I wanted my boots next morning, and they were gone.
Cross-examined by MR. PHILLIPS. Q. Were are you sitting? A. in my back room, and the boots were in my front room—the prisoner passed me, and went into the front room, and into the street—I did not go into the front room till I went to bed about ten o'clock—I did not miss the boots then—there is a door from the front room to the street, which is on the latch—I have never got my boots since—no one could go from the street into that front room—there is no key to it—she did not leave the door ajar, for I went after her.
Q. Did you not swear it was ten o'clock before you went into the room? A. I followed a few minutes after her—I am sober now.
COURT. Q. She went in between eight and nine o'clock? A. Yes; that was the last time I saw her go through my room—she did not stop, but went through—I went in about ten. minutes—I went in to go to bed about ten o'clock—I would not be too positive that she did not leave the street floor open—I think no one came in—I did not see them.
knew belonged to my daughter—I had seen it safe on a nail behind the kitchen door on Saturday, the 16th of August, and it was found on the Monday.
Cross-examined. Q. Did you search the lodging? A. The broker did—I have two lodgers, but they were not at home fill they went to bed.
Cross-examined. Q. Do you remember the prisoner being at work cleaning a room when she burst her gown? A. No—I never lent this gown to her—this is only the body of a gown.
NOT GUILTY .
GUILTY .— Confined One Year.
BENJAMIN CATMULL . I am an officer, and was on duty in Holborn on the 20th of October. I saw the prisoner take the handkerchief from Mr. Sparks pocket—I called to Mr. Sparks, and took the prisoner—he said he had taken nothing—I said he had, and in the scuffle the handkerchief was dropped from him.
Prisoner. You took me to the watch-house, and said, so help you God, I had it on my person, and then you went out, and in ten minutes you came in with the handkerchief.
GUILTY . Aged 22.— Transported for Seven Years.
51. WILLIAM INKERSOLE was indicted for stealing, on the 30th of October, 1 wooden cupboard, value 2s.; the goods of David Bevan, and fixed to a certain building, against the Statute; and that he had been beford convicted of felony.
NELSON SMITH . I am a patrol. On the 30th of October, about eleven o'clock at night, I was going round my beat, and saw the prisoner come over the pales with this cupboard—I took him to the cage, and the next day I fitted the cupboard to the cottage—it fitted exactly—the prisoner said he came home with a can of milk, and saw it in the ditch, and that he went back and got it.
Prisoner's Defence. I found it in the ditch as I was leaving work.
NOT GUILTY .
Before Mr. Sergeant Arabin.
JAMES SINGLETON . I am porter to Mr. Joseph Cooke, upholsterer, New-street, Dorset-place. On the 25th of October, between nine and ten o'clock in the morning, a person gave me information—I went out, and saw a man running along the New-road with these blinds—I pursued—he turned down Gloucester-place, and I lost sight of him—he threw down these window blinds, and I took them up—they are my master's—the prisoner was taken in a few minutes.
Cross-examined by MR. PHILLIPS. Q. Were they outside your door? A. Yes; I only saw the man's back.
WILLIAM ADAMSON . I am a painter, I was in York-street, Gloucester-place, and heard a cry of "Stop thief"—I saw the prisoner running with these blinds—I am sure it was him—he threw them down, and run away—I do not know when the prisoner was taken, but when I came back from dinner, there were two officers in the hall where I was working—I did not see the prisoner till the Thursday after.
Cross-examined. Q. Were you not painting the area rails? A. Yes; I stopped the prisoner, but he threw down, the blinds, and ran off—he had a hat on—I did not notice his cravat—I did not see him quite a minute.
PETER GLYNN (police-constable D 151.) I was coming along East-street, and heard a cry of "Stop thief"—I saw the prisoner running across the road—I took him—I asked what he had done—he said, "Nothing"—I took him into Baker-street, and met the witness running with the blinds on his shoulder.
Cross-examined. Q. How long have you been in the police? A. Since 1829; I came from Mayo—there were a number of persons in the street—the prisoner was running in a blooming red colour—there were other persons running to see whether he was caught.
NOT GUILTY .
EMMA BELL . I am servant to Mr. Taylor, who lives at Mr. North-wood's, Newman-street, Oxford-street. Oil Sunday; the 19th of October, the prisoner came to the house—I answered the ring, and he asked if Mr. Northwood was at home—I said, "No"—he then asked if Mrs. Northwood was at home—I said, "No"—he put a note into my hand, but as neither Mr. nor Mrs. Northwood were at home, he said he would call next morning; about nine o'clock he called, and asked if Mr. Northwood was at home—I said, "Yes"—he put the note into my hand, and said he would wait for an answer—I asked him into the passage, and shut the door—I gave the note to Mr. Northwood—he read it, and went into the passage—the prisoner was gone, and the coat which had hang in the passage when I let him in.
Cross-examined by MR. PHILLIPS. Q. When you went away, how can you tell who came? A. No one came—I was not away five minutes—there is one other servant in the house—I am sure the coat was in the passage—I had seen the prisoner about a minute that morning, and on the night before—I thought he had a rusty black coat on, but I took more notice of his face—I believe he had a black handkerchief on—there was a
mark on his check, but I don't know which—I think I should know him if I saw him a hundred miles off.
GUILTY . Aged 20.— Confined Six Months.
Fifth Jury, before Mr. Sergeant Arabin.
54. ELLEN DOWELL was indicted for stealing, on the 29th of October, 9 yards of printed cotton, value 6s. 8d., The goods of Samuel Savane Woollatt; also, on the 29th of October, 2 handkerchiefs, value 10s., The goods of Samuel Belshar; and on the 27th of October, 19 yards of printed cotton, value 20s., The goods of Richard James; to which she pleaded
GUILTY. The prisoner received a good character, and was recommended to mercy. — Judgment Respited.
55. GEORGE COLEMAN was indicted for stealing, on the 17th of October, 1 watch, value 16s.; 2 seals, value 4s.; and 1 watch key, value 1s.; the goods of Grace Rodd; and JOHN COLEMAN for feloniously receiving the same, well knowing them to have been stolen.
GRACE RODD . I am servant to Dr. Robinson, who lives at Tottenham. George Coleman came there to sweep the chimney, on the 17th of October, and a little brother came with him, about ten years old, about six o'clock in the morning—I had seen my watch safe in a cupboard in the kitchen, at half-past ten o'clock the night before, but I did not notice it that morning—I missed it about ten o'clock—I called the gardener, and desired him to fetch the prisoner, but he could not find him—the two prisoners afterwards came with the officer and their father—I know nothing of John—this is my watch.
JOHN FOWLER . I am a constable. I went in search of the prisoner towards Edmonton—I met John Coleman running along—I asked where he was going—he said, "To take watch home that my brother George stole from Dr. Robinson"—I then went and saw George Coleman—he said he found the watch among the soot.
George Colman's Defence. I went to sweep the chimney, and afterwards found this watch among the soot—I told my brother if he found any owner for it to come and fetch it.
GEORGE COLEMAN— GUILTY. Aged 16.—Recommended to mercy by the Prosecutor. — Confined Six Months.
JOHN COLEMAN— NOT GUITLY .
56. HENRY RUTTER was indicted for stealing, on the 16th of October, 1 hog skin, value 20s.; 31 yards of roller web, value 3l. 15s.; 18 yards of serge, value 2l. 10s.; 1 pair or girths, value 6s.; 2 brushes, value 13s.; 3 pair of stirrup-leathers, value 16s.; 1 bridle-mounting, value 7s.; 1 bit, value 7s.; 1 basil skin, value 2s.; 3 pairs of flap covers, value 1l.; 1 pair of skirt covers, value 4s.; and 1 pair of breeching straps, value 7s.; the goods of William Fitzharding Wood Oldacre, his master; to which indictment he pleaded
GUILTY.— Judgment Respited.
MARY ANN JEFFERY . I was servant to Mr. James Morris on the 20th of October—I had the care of his children—one of them was named James Samuel Morris—I was in the street with him, and saw the prisoner and two other boys—I do not know who took the handkerchief from the child's neck, but it was taken—the prisoner and his companions ran away—I pointed out the prisoner to the officer, because I saw the handkerchief in his hand—it has never been found.
Cross-examined by MR. CLARKSON. Q. What is the name of your master? A. James Morris; and the child's name is James Samuel Morris—there is no James Morris, junior, that I know of.
JAMES BEZLEY (police-constable D 137.) Soon after ten o'clock that morning, this witness came to me crying, and saw the boy had stolen the child's handkerchief—I followd the prisoner across Farringdon-street, and took him—I asked him for the handkerchief—he said he had not got it.
NOT GUILTY .
58. HENRY BARBER was indicted for stealing, on the 23rd of October, 1 neck-chain, value 6d., 11 seals, value 4l.; and 12 snaps, value 2l.; the goods of Samuel Perkins and otters, his masters; and WILLIAM LOOKER was indicted for feloniously receiving 3 seals, part of the said goods, well knowing them to have been stolen, against the Statute.
3d. COUNT. For Feloniously receiving them of an evil disposed person.
SAMUEL, PERKINS . I am a jeweller, and live at No. 45, Little Sutton-street, Clerkenwell. Barber was my errand-boy for three months—I have known Looker some years—he was acquainted with Barber—on the 23rd of October, I sent Barber, with the goods stated in the indictment, to three different houses—the chain was to go to Messrs. Dugard's and Simpson's, and the other things to other houses—he went about a quarter before twelve o'clock—he might have returned by one o'clock—I never saw him again till he was in custody—the officer has some of the property.
WILLIAM TATE . I am a jeweller, and live at No. 164, Strand Looker came to me, on the 23rd of October, about one o'clock, and brought these three seals, which he said he had picked up in the street—I said, "Though you have found them, you have no right to sell them"—he said he did not offer them for sale, but to know what they were—I asked him his name and address—he hesitated, and then gave the name of George Anderson—I sent for the officer.
WILLIAM MCDONALD (police-constable F 36.) I was called in to take Looker with these three seals—he said his name was Anderson—Barber afterwards came to Bow-street, and gave up the property to Mr. Dugard.
Barber's Defence. I met this boy, and asked him to go with me—I then met another lad, who went with us; and when we got to the Strand, he sent Looker into the shop.
(Kitty Barber and Thomas Powell gave Barber a good character.)
BARBER— GUILTY. Aged 14.—Recommended to mercy by the Jury and prosecutor. — Confined Three Months.
LOOKER— GUILTY . Aged 14.— Transported for Seven Years.
JOSEPH SHARPE . I live in Great Carter-lane, Doctors' Commons, and am a broker. On the 19th of November, I was told a man had run away with a chair—I ran out and saw the prisoner running up Earl-street with this chair, which is mine—we took him with it.
GUILTY . Aged 22.— Transported for Seven Years.
GUILTY. Recommended to mercy. — Confined One Month.
61. JOHN SEARBY was indicted for stealing, on the 1st of November, 1 snuff-box, value 2s.; 7 shawls, value 3s.; 4 scrafs, value 10s.; 1 gown, value 3s.; and 2 pair of trowsers, value 5s.; the goods of Thomas Green.
THOMAS GREEN . I live in Shoe-lane, and am a broker. The prisoner lodged in my house—there was a trunk in one of my rooms, which contained this property—it was locked—the prisoner slept in that room—I missed this property about the 1st of November, and had the prisoner taken on the 8th of November.
JOSEPH JOHN YOUNG . I am an officer. I took the prisoner—I found on him some duplicates, which led to the pawnbrokers—I produce a key that I found on him, which unlocks the box where the property was.
Prisoner. I never was charged with any offence before.
GUILTY . Aged 24.— Transported for Seven Years.
Fixsen and another, wholesale grocers, Thames-street The prisoner had been some months in their employ—on the 20th of October, while he was at work, I went and looked in his coat pocket, which hung up—there were two nutmegs and some ginger—I let it be till the evening, when we got an officer and searched him, we found this tea, nutmegs, and ginger on him—he said it was hit first offence; he hoped, we would excuse it.
Cross-examined by MR. PHILLIPS. Q. Was any one present when he said so? Q. Yes; Mr. Collyer and one of our clerks—I had said, "How is this, Bishop?"—I cannot swear that I had sot said, "We must punish you;" but I did not say, "If you do not tell us"—he said at Guildhall that he followed a cart in the street and picked up the tea.
Cross-examined. Q. What did the young gentleman say to him? A. He said, "Bishop, how is this?" that was all I heard—the prisoner said it was his first offence, and he was very sorry—the witness said he could say nothing to it, as Mr. Fixsen was out of the way.
(Mr. James Charles Farr, grocer, Fleet-street; Mr. Price, grocer, Oxford-street; Mr. Thorp, grocer, Chapel-street, Edgeware-road; and Mr. Hiscox, grocer, Church-street, Marylebone, deposed to the prisoner's good character.)
GUILTY. Aged 26.—Recommended to mercy. — Confined Six Months.
JOHN HEALEY . On the 16th of November, I was in Holborn, about eight o'clock in the evening—I lost my handkerchief, but did not feel it taken—two gentlemen called to me, and I saw it on the pavement—this is it.
EDWARD LEWIS . I was in Holborn, and saw the prisoner with another person—the prisoner was in the act of extracting this handkerchief from the prosecutor's pocket—my brother seized him when he had got it quite out, and the other person ran away.
Prisoner's Defence. There were two lads behind this gentleman, who threw the handkerchief at my feet—I did not have it in my hand.
GUILTY .* Aged 19.— Transported for Seven Years.
ALEXANDER GOODBODY . I keep a tailor's shop, on Ludgate-hill. On the 5th of September, I saw the prisoner take these trowsers from my door—I pursued and took him with them—they have my ticket on them now.
Prisoner. I throw myself on your mercy—I had no work.
GUILTY .* Aged 27.— Transported for Seven Years.
JOHN FLETCHER . I am a butcher, and live at Old Brentford. I serve Lady Carr, at Ealing—on the 19th of November, I stopped there with my cart, in which was my great coat—I have never seen the coat since—the prisoners were known to each other, and lived at Brentford.
SAMUEL ROOK . I am eleven years old—I live with my father, who is a farmer, at Ealing. I saw the cart against Lady Carr's lodge, and the great coat in it—Cooper got on the step, and took the coat out—Harvey was with him at the time—about thirty yards off—they both ran off together—the prisoners were taken the same day—I saw them again the next day—they were dressed differently then, but I am sure they are the persons.
HARVEY*— GUILTY . Aged 18. COOPER*— GUILTY . Aged 18.
Transported for Seven Years.
JAMES GIDDINS . I live at Bed-font, and am a retailer of beer. I missed my boiler on the 9th of November—my wife had used it on the 6th, and placed it in a shed—there were the marks of some person having got over the, folding doors into the shed, and where they got out—I made inquiries, and found the boiler about two hundred yards off—this is it—I know the prisoner—he is here and there, wherever he can get a lodging.
THOMAS GODDARD . I am a horse-keeper to Mr. Payne. The prisoner brought this boiler to me on the 8th of November, about four or five o'clock in the morning—he offered it for sale—I said I had no money—he left it, and said I should see him again—I then heard it was stolen, and gave it to the prosecutor.
GUILTY . Aged 18.— Transported for Seven Years.
OLD COURT.—Wednesday, November 26th.
First Jury, before Mr. Sergeant Arabin.
67. HENRY MACNAMARA, alias John Gray , Was indicted for feloniously being at large without any lawful cause, at St. Dunstan's in the West, he having been capitally convicted of felony; but afterwards ordered to be transported for the term of his natural life; to which he pleaded
GUILTY .— Confined for Fourteen Days and Transported for Life.
JOHN BATH . I am a cabinet and portable-desk maker, and live in Jewin-street, Cripplegate. The prisoner had been my journeyman two or three months—he worked by the piece—I sent him home with some portable-desks on Friday, the 24th of October, to Verriman and Co., St. Paul's Church-yard—he was to have brought me back 29l. 17s.—he took part of them in the morning, and he remainder after dinner—I said, "Have you received any money on account?" he said, "No, none"—he went with the rest in the afternoon, and returned, and said they would look over them in the morning—I asked him next morning, (Saturday,) if he had received any money—he said "No"—I sent my son with him on Saturday
morning—he returned home, and said he was to go again in the evening, for the money—he did not go in the evening, and I sent my son, as he did not return to my employ, after dinner—he had given me no notice.
Cross-examined by MR. DOANE. Q. What day was this? A. The 24th—he had taken goods there on the 20th, and brought the money for them—it was four dozen of portable-desks—he was to bring 36l. On the 20th—they were sold at that price, and had no ink glasses in them—I received 36l. For them—I gave him a memorandum how much money he was to bring me home—he paid that money to Mrs. Bath—there was no bill made out at all, of the desks sent to Verriman and Co., it was only a memorandum—I should have sent a printed bill, if I sent a bill, but I did not know whether they would keep all the desks—I had not seen Messrs. Verriman—I sent him to several places, to dispose of them—I sent him to sell them as well as he could—I say, "Take samples of such goods—you must not sell them for me under so much"—he gets an order for them, at a certain price, then comes to me and says, "I can only get so much—shall I take that for you?" and I tell him.
Q. Did he say that on the 24th? A. No, as they were ordered on the 20th; he took them on the 24th, at two separate loads—I had not settled with him for the previous load, before I sent him with the second—they were too heavy to take at once—I saw him on Saturday morning, after he had taken the last load, and sent my son with him to receive the money, and he absconded—Mrs. Bath saw him at twelve o'clock—I saw him on Sunday morning, and he said that on Saturday night he was intoxicated in Smithfield, and robbed of the money—that was when he was apprehended.
Q. Did you say you would send him to Botany Bay, let it cost what it would? A. No, I do not recollect saying any thing of the kind—I do not think I should forget it if I had—I do not believe I did say it—I paid him wages by the piece—if I take a man off for any job, I pay him so much—I should have paid him by the day for this, but he absconded and prevented me.
COURT. Q. On Saturday, he said he had been robbed of the money? A. Not on Saturday, but when I apprehended him on Sunday morning—on Friday afternoon he said he had not received any money on account—he was not in partnership with me at all—none of the goods were his—I do not know whether he described the goods sold on the 20th, as mine, or his own—he went with samples of them first.
HENRY JOHN BATH . I am the prosecutor's son. My father sent me on Saturday morning with the prisoner, to received the money—I went with him to Verriman and Bromberg, St. Paul's Church-yard—he went into the counting-house, and told me it would be better for me to wait in the ware-house—he came out, and told me he had not received the money—he came home, and told my mother so also—he was to return in the afternoon after dinner, to go again, as he said, but he never came back—my father, in the evening, was anxious to know if he had received it, as he had not returned—I went to the house with the account.
Cross-examined. Q. Did you see a bill given to Messrs. Bromberg, with the goods, made out in the prisoner's name? A. No.
there were five or six parcels delivered on the 24th—I paid the prisoner 6l., And a second sum next day of 23l. 17s.
Cross-examined. Q. Did you pay him? A. I paid the 23l. 17s. Into his own hands myself, and I saw him receive the 6l.—there is an entry of the goods in a bill of parcels—the property is described as desks—the bills were made out in the name of G. Martin—I did not know who the goods belonged to—I knew the prisoner was not the owner—he gave me a receipt for the money—he did not sign his name as for anybody else.
Prisoner's Defence. The bill of 26l., received on the 24th, and the other monies, is all one transaction—I went on the 20th, and solicited orders for Mr. Bath—they gave orders for the whole amount of the desks—I delivered four dozen on the 24th, which came to 36l.—I paid that money to the prosecutor—he had previously promised to satisfy me for my trouble—he put me down 2s., And said he would settle with me in the morning—on Friday I delivered the remainder, and as it was expected I should not deliver the money up to him till I received the whole sum, having an arrangement to make with him as to what commission I was to have, I kept it till I received the whole—I did not abscond; when I received the 23l. 17s., There was still another transaction to be finished, which was to take home five other articles, which were to be repaired by the Monday morning—I got drinking a little on Saturday afternoon, and about twelve o'clock at night, in Smithfield, I was surrounded, and my mouth gagged, my arms pinioned, my coat-tail cut off, and every farthing taken from me—I went to Giltspur-street watch-house, and gave information—they said they could not assist me till the number of the 10l. Note could be obtained—I summoned Godfrey, the inspector of the station, here, to prove that, but he is not here—I told him I should go and tell my employer on Monday morning, which he said was the best thing I could do; but he came to my lodging at six o'clock in the morning, and gave me in charge—I kept the money, to give him the whole altogether.
GUILTY . Aged 34.— Confined Nine Months.
Before Mr. Justice Park.
69. FREDERICK COOPER was indicted for burglariously breaking and entering the dwelling-house of Henry Churchill Lovegrove, about the hour of two o'clock, in the night of the 26th of October, with intent to steal, and stealing therein, 3 half-crowns, 18 shillings, 9 sixpences, and 2528 pence, his monies.
HENRY CHURCHILL LOVEGROVE . I am a licensed victualler, and keep the Golden Ball, King-street, Snow-hill. I shut up my premises about half-past eleven on Sunday night, the 26th of October—I was one of the last persons up—I am sure I fastened all the doors and windows, and every thing safe—I fastened the parlour door, and took the key up to bed with me—a person could open the street door from inside the house, but I am sure I fastened it—I was called up about two o'clock, by the bell ringing—Godfrey, the night-constable, alarmed me—I went downstairs immediately, and found the cellar door broken open—it appeared as if it had been wrenched by a person being within the cellar—I had locked and bolted it myself, the last thing before I went to bed—I missed money to the amount of about 12l. In silver and copper—the prisoner frequented the house daily—I saw him there that Sunday until between nine and ten o'clock—he had been drinking there, and paid me
for what he had—I missed him, but do not know when he went out—there were other persons drinking in his company, that night, and all at once I missed him—the company remained some time, and I could not get some of them out of the house—it kept my house open three quarters of an hour later than it would have been—I knew one of them.
Cross-examined by MR. PHILLIPS. Q. What time did you miss him? A. About ten o'clock—he was in the habit of constantly frequenting my house as a customer—I did not know where he lived.
JAMES CONNOR . I am a watchman of St. Sepulchre's. On the night between Sunday and Monday, I was on duty—I found the door of the Golden Ball open, about ten minutes after two o'clock on the morning of the 27th—it was just ajar—I called to Ryan for assistance—I saw nobody till the very moment Ryan came up to my assistance—I then saw a person, who I have not been able to take, rush out of the door of the Golden Ball—he got past me—I endeavoured to stop him in Fox-and-knot-court—he pushed me to get past me—I went after him, and lost sight of him in the court—I had attempted to collar him, but he was too quick for me—he did nothing to me—as I returned back the rattle was sprung by Ryan; in coming back up Fox-and-knot-court, Ryan cried out, "Stop thief"—and the very moment I heard that, I had my stick in my hand, and made a blow at the prisoner at the bar, who was running past—I did not hit him, but he hit me with some weapon, I cannot say what—he knocked me down, and my nose was broken—I was laying down till Ryan came and helped me up—I have known the prisoner fifteen years, and am quite certain of him—I had seen him at the Golden Ball that Sunday evening, and told him to go home.
Cross-examined. Q. Was not you rather frightened? A. I was not—I was not able to move when I got the blow on the nose—I was bleeding when I went after him—I have been a watchman four or five months—I called out, "Never mind, Ryan, I know the prisoner"—I spoke to Cooper myself—I addressed him by name, "Frederick Cooper"—he did not make me any answer—I have been in London twenty-six years—I have been in trouble myself twice; the first time for providing a situation for a person to go abroad, as cuddy-servant, and he was found a lunatic afterwards—I was in prison a few days, as he came upon me for the money he ha given me to procure the situation; the second time was for taking the wrong person, and I was put in gaol because the magistrate fined me 1l.—Mr. Laing and another gentleman, at Hatton-garden, fined me, and I was sent to the House of Correction—I was never in prison for stealing—the first time I was in Giltspur-street, and then Cooper was there—it was seven or eight months ago—as soon as the prisoner was committed, he gave me a dangerous kick, and said, "You——, I will do for you."
MICHAEL RYAN . I am a watchman of St. Sepulchre's, I remember, the night between Sunday and Monday—an alarm being given by Connor—I went down Fox-and-knot-court after the robbery was committed—I sprung my rattle—before I did that, I saw a man come out of the Golden Ball—it was a considerable time before I sprang my rattle—he walked leisurely out, and turned round Fox-and-knot-court—he went away—I turned round to secure the door, then sprang my rattle, and put my hand back to draw ray truncheon, and by the time I dropped my rattle, I was struck with a violent blow, and knocked down on my left
side—the person who knocked me down appeared to me to walk lightly—it appeared to me that he had no shoes on—he had a pair of trowsers on, and a sleeve waistcoat—I saw him turn round in the same direction as the first man had got away.
GEORGE GODFREY . I am inspector of the watch. I was sent for to the Golden Ball on this night—I found the two watchmen there—I examined the premises—there were no marks on the house door—it had not been forced—I found the cellar door inside the house had been forced, apparently by a crow bar, by the marks on it—I found no outer cellar door forced—I found a crow-bar in the parlour, corresponding with the marks on the door—they had been made on the door in the cellar—I suppose the person had been in the cellar, and forced the door open—there is no mode of getting into the cellar from the street, no door or window opening outwards—they must have been in the cellar previous to the door being shut—I found this shoe in the parlour, where the crow was—I tried it on the prisoner's foot—it fitted him exactly—I called up the landlord—Crawley apprehended the prisoner next morning—he had shoes on then.
WILLIAM KEEL . I saw the prisoner in the tap-room of the prosecutor's house on that Sunday evening at five minutes before seven o'clock—he had shoes on his feet—he was drinking with four more persons—I had known him for some time using the house, (looking at the shoe,) and noticed his shoes—he had a pair on exactly like this, with silk laces, and crooked seams across the instep.
Cross-examined. Q. There was nothing remarkable in the shoe, except the seam? A. No; I have seen him wear the shoes ever since he had used the house—I live with Mr. Lovegrove.
WILLIAM TYLER . I am sixteen years old. I was sitting at Mr. Lovegrove's house on the Friday before the robbery, and the prisoner was sitting on a form in the corner of the passage which leads down to the cellar—he had some beer, drinking—I saw nothing in his hand—I saw in a slip that went down the side of his pocket, an iron thing, with a hook to it—it was a little way out, and I attempted to pull it out—it was like the crow-bar produced—it had a turn up at the end like this—it was all iron—when I attempted to pull it out of his pocket, he said, "Halloo! what are you doing?"—I was there on Sunday, and saw him, but did not see the iron then.
Cross-examined. Q. Did you see the whole of it? A. No; only part—I saw the crooked end.
GEORGE CRAWLEY . I am a policeman. I saw the prisoner the day after the robbery in the Golden Ball, when I apprehended him—he had shoes on—I was present when the shoe found was tried on—I asked him where he slept on Sunday night—he said, at his sister's, in Peter-street, Sun-street, Finsbury—I went there, and she denied his sleeping there at all.
Cross-examined. Q. You saw him at the prosecutor's on Monday? A. Yes, between one and two o'clock—I said I wanted him for the robbery—he made no remark—I took him out of the house—he did not attempt to escape.
Prisoner's Defence. Does it stand feasible I should go there on Monday with a basket of eels, if I had done the robbery?
WILLIAM HITCHINGS . I am a weaver, and live in Half Moon-street, Bishopsgate-street. The prisoner is my brother-in-law—I saw him on the night of Sunday, the 27th of October—I saw him go to bed—I saw him
on my stairs going to bed about twelve o'clock; I saw him come home—I had not seen him in the course of the evening—my wife had gone to bed at half-past nine—the prisoner went out about seven o'clock next morning—he and I went together to Billingsgate, to buy eels—my wife went and saw my boy over to his situation over London-bridge—she did not see the prisoner go out next morning.
COURT. Q. How came you up so late that night? A. The prisoner came to me, and said, "If I should stay out longer than my time, will you admit me if I come at ten o'clock?"—I said I would—I was not up—I got but of bed to let him in—I had been asleep—I went to bed at ten or half-past ten o'clock—I had a candle burning in my front room, where I slept with my wife and family—I have an eight-day clock, which stands about five or ten yards from my bedstead—I think the candle was in the fire-place—when I let the prisoner in, I took the candle, and I saw no more of him—I did not look at my clock to see the time, but I heard the watch-man going past twelve, after I got in bed—a Mr. Turbot lives in the house, and sleeps up one pair of stairs—I sleep in the two pair—I consider he must have been very late that night when he came in; but I cannot say—I was in bed when Turbot came in, and got out of bed to let him in—the house is a lodging-house, and the door is left open, and we can hear any body coming up stairs—I did not go down stairs to let Turbot in—I gave him a light on the top of the stairs, when he came to my door—I did not say I went down stairs.
CHARLOTTE SCOTT . I am a widow, and live in Queen's-head-court. The prisoner is my brother, and lodges with me—on Sunday night, the 26th of October, I was in bed very early, and never saw him till the Monday.
GUILTY of Larceny only. Aged 28.— Transported for Seven Years.
Before Mr. Baron Bolland.
70. WILLIAM WEST was indicted for feloniously assaulting Ann Wiggins, on the 10th of November, putting her in fear, and taking from her person, and against her will, 2 sovereigns; 1 crown; 2 half-crowns, 10 shillings; 8 sixpences; and 4 pence; the monies of Charles Wiggins.
ANN WIGGINS . I am the wife of Charles Wiggins, who works on the Paddington Canal. On the 10th of November, I went into Clayton's beer-shop, about six or seven o'clock in the morning, to look for a man my husband wanted to go with him—I went from there to Branch's—he is a labouring man—it is a private house—I saw Mrs. Branch, her husband, her brother, and another man, but I did not know him—those were all the persons in Branch's house—I stopped there a considerable time—Mrs. Branch wished me to stop and have supper there—all the men went out, and left Mrs. Branch and me by ourselves—they eat some supper and drank some beer before they went out—a lad (the prisoner's brother) came in with some nuts, and I bought twopennyworth of him—he went out after I bought them—I began to be fearful of stopping so late—it was, to the best of my knowledge, past ten o'clock—Mrs. Branch saw me take my money out and count it—there was 2 sovereigns, a 5s. Piece, and 2 half-crowns, and the rest in shillings, sixpences, and copper, making near upon 3l. 5s.—I put it in a piece of paper, and put it into my pocket, and then went to Portsmouth's beer-shop to see if my husband was there—I did not go into the house—it is a short distance from Branch's—I did not go into Portsmouth's—on getting to a flight of steps which lead to his
door, three men surrounded me—I did not see where they came from—I think, in the flurry of the moment, I had a knowledge of the prisoner West—I have seen him before—I might have known him three or four years, or more or less—four or five years—I believe he works about that neighbourhood—he knows my husband—I think he was one of the three men—when they surrounded me, my gown was torn, and my pocket—I did not know either of the others, nor could I see whose hand it was tore my pocket, containing my money, from me, but it was torn from me—the string broke—the pocket was torn from the string—nothing was done to me, before it was torn from me—I am sure my money was in it at that time—I had not met any body as I came from Branch's—the men did not speak to me, but went away immediately—I spoke to them—only Mrs. Branch and myself were present when I counted my money.
Cross-examined by MR. PHILLIPS. Q. Pray, were there any persons present when you were robbed, except the three men, at Portsmouth's steps? A. No; I have a distinct recollection of this, and the occurrences of the whole evening—in the flurry of the moment, I have a knowledge of West, more than the others—I saw the three, and thought I knew West—I was quite correct, to know how I was treated—I had drank a little more beer than I was in the habit of doing, but not the least to do me hurt—I ran back to Branch's, and found Mrs. Branch sitting where I had left her—I told her I had been robbed—she lighted me up stairs to a bed-room, and persuaded me to lie down to recover my fright—it was not to make me sober—I took it very kind of her at the time, but I was treated cruelly afterwards—I was some time lying on the bed—I did not tell Mrs. Branch that I thought it was her brother Perriman robbed me—I drank some beer in Clayton's house—I did not drink a pint—I paid for two pints—Robert Perriman and Branch were there, and I drank with him and another young man whom I had given some salt to in the morning, and took a pint of beer from Clayton's in my hand to Branch's—I might drink ale, or a part of a pint of beer there—I was there two or three hours, but the man was not long there—I do not think I drank more than a pint—nothing was drank but beer—I laid on the bed I suppose nearly an hour—I do not remember seeing a man named Cathie at Branch's house—there was not a man named Clayton there—Robert Perriman and another, whose mine I do not know, were there—I have no recollection of saying any thing to any person when I went in—I said nothing in prudent, I am certain—Clayton keeps the Anchor—I do not remember any thing happening on the floor of Mrs. Branch's house.
CHARLES WIGGINS . I am Wiggins's husband, and a boatman on the canal. I have known the prisoner several years—I believe him to be a labouring man—I saw my wife on the night of the robbery, when she came home to the boat—I believe it was about two or three o'clock in the morning—I saw the prisoner on the canal bridge, (Cotton's bridge,)that night—it is about one hundred yards from Portsmouth's house—he had one man with him—I asked West if he had seen my wife's son—this was about half-past ten o'clock, I believe; the bridge is between Portsmouth's house and Branch's—you cannot get from one to the other without going over the bridges.
HARRIETT BRANCH . I am the wife of Joseph Branch—we live in the parish of Hillingdon—Portsmouth's house is in the same parish—Mrs. Wiggins came to my house about seven o'clock on the evening in question—she was quite tipsy—she could not know who robbed her—she did not
know what she was about—nobody was there when she came in—Mr. Cathie, a gentleman who lodges with me, came in, and my brother Robert—when Mrs. Wiggins came to my house she brought a pint of beer—the pint pot was full when she brought it in, and afterwards she threw the table down, and knocked the pot and all down—she remained an hour or more, and then went away—she returned in about three quarters of an hour—she came in with a little boy, (John West,) with some nuts—he is the prisoner's brother—twopennyworth were bought—he then went away—nobody but the boy came in before she went away—I do not exactly know the time she went away—I have no clock—I should suppose it was between eight and nine o'clock before she went—I saw she had 3l. 4s. 8d., Which she put in her pocket, in half-pence, silver, and sovereigns—altogether there was two sovereigns—she put it into her pocket loose, not in any thing—I wished her to have a bit of paper, but she would not—she returned to my house in an hour or not so long—she was very much in liquor—her apron string and gown string seemed torn from her—she said she had been robbed, that she knew them, and my brother John was one.
Q. What had she to make her tipsy when the beer was thrown down? A. She sent for three pints of beer herself, and paid for them, while she was at my house—my brother and nephew, and a young man he brought in with him, drank of it—she did not say my brother John robbed her—she said he was one—I mentioned to the Magistrate her having said that.
Cross-examined. Q. You have mentioned three pints of beer she herself sent for; was there any more had? A. Yes; three pots more—my brother brought them—I do not know who paid for them—they were drank in the company—she drank some—she eat supper with the rest—there was no more liquor brought—at the time she partook of the three pots she was quite tipsy—I remember when she same in her making use of an improper expression to Cathie, my lodger, which a decent woman would not use—she was the cause of something indecent happening on the kitchen floor—I am sure she was not capable of distinguishing who did her mischief that night.
WILLIAM CLAYTON . I keep a beer-shop. Mrs. Wiggins came to my house about six o'clock on the night of the robbery—she called for a pint of beer, which I took, and she paid for it—she drank part, and gave it to Robert Perriman and William Ibson—three or four partook of it—she came to the door, and called for another pint, put that to her mouth, and then took it out at the door—she was not sober when she came to my house—she was the worse for liquor, but not what we call drunk—she left, and took the pint pot away with the beer—I did not see any material difference in her when she came and when she left—she came again a little before eight o'clock—my house joins Cotton's Bridge—the prisoner was at my house that whole evening in company with John Wiggins, a brother-in-law of mine—he is not related to Charles Wiggins—Charles Anstead was there—she stayed at my house the last time about three quarters of an hour—John Johnson was also there, and West's father was with him, and Richard Odle—I know a brother of West's who sells nuts—he came in the course of the evening—not while she was there—they went away in a party altogether when I shut up the house at ten o'clock—I saw West go out once in the course of the evening, about seven o'clock, or between seven and eight o'clock—I can positively say he did not go out afterwards—I have a reason for saying so, for having been building a wall to prevent a nuisance
at my house, I wished the people to go out the back way, which made me notice—I told the Magistrate that West could not have gone out at any time without my knowledge—he did not go out again till he went finally—the prosecutrix was very tipsy indeed when she returned to my house after taking away the pint of beer.
Prisoner's Defence. I never saw the woman from eight o'clock till the next afternoon when I was taken into custody—she came and asked me for a pinch of snuff—I refused, telling her I did not want any thing to say to her.
NOT GUILTY .
Third Jury, before Mr. Recorder.
71. JOHN BERRY and MATILDA WARNER were indicted for stealing, on the 19th of October, at St. Giles-in-the-fields, 1 watch, value 12l.; 1 neck chain, value 5l.; 1 eye-glass, value 7s.; 5 seals, value 6l.; 4 watch keys, value 2l.; 2 rings, value 4l.; 2 pair of spectacles, value 1l.; 1 bag, value 6d.; and 1 box, value 1s.; the goods of Hannah Chirm; and 1 coat, value 4l., the goods of Joseph Smith, in the dwelling-house of John Key.
HANNAH CHIRM . I live near Birmingham. I came to town on Friday, the 17th of October, and put up at Mr. Kay's, the Green Man, Coal-yard, Drury-lane—I took a lodging there for two nights—my bed-room was the first floor back room—Mr. Smith, who had come with me, bad a room up another story higher—I continued these till the Sunday morning following, the 19th—I then locked my bed-room door, about a quarter after ten o'clock in the morning—I had seen my watch safe before I locked the door—I had placed it on the dressing-table, and I saw the neck-chain safe, and two rings and six seals—the seals and the chain were placed in a little box which was put on the dressing-table—the eye-glass was fixed to the chain—my reticule was there—I saw Mr. Smith's great coat on the chair at the top of my luggage—that was before I locked the door—afterwards, on seeing the company who came into the house, I felt uneasy, and went up to my room—I do not know that I saw either of the prisoners among the company—I went up stairs a little after eleven o'clock—I found the door was neither locked nor on the latch—it was ajar—on going into my bed-room I missed all the trinkets I have mentioned—they had all been on the table; and the great coat was gone off the luggage—I missed a box in which the trinkets were, and my reticule—I, the policeman, and Mrs. Kay went to search, and some of the articles have since been shown to me by the policeman—I have never seen the watch again—I consider that it was worth 12l.—it cost 20l.—my husband gave it to me—the neck-chain is worth at least five guineas.
Cross-examined by MR. CLARKSON. Q. How many persons did you see which excited your suspicions? A. I cannot pretend to tell you—there were a great many in the yard who I did not like—Britten, the witness, was taken by the police—I was not acquainted with him.
ELIZABETH KAY . I live in King-street, Parliament-street, at Mr. Mitchell's, a biscuit-baker. I lived at the Green Man, in the parish of St. Giles, with my husband, John Kay—(he was landlord of the whole house) on the Sunday morning in question—I recollect the prosecutrix going up to her room—I had seen Warner come into the house, and saw her go out that morning, with John Berry, the other prisoner—they went out together, before Mrs. Chirm discovered the robbery—I did not see what part of the house they came from—I had not seen them in any part of the house—my occupation was in the bar—I only saw them going out,
and had seen Warner come in alone—I did not see the man come in—they went out about twenty minutes before the alarm was given—Bury had on a drab great coat—I gave information to the police.
COURT. Q. Did they go out a-breast, or how? A. Berry went out, and Warner asked him if he was not going to give her some gin before they left—he said, "No," and I let them out—Berry went out first—I did not notice them after.
Cross-examined by MR. CLARKSON. Q. What kind of a house is this? A. There is a bar door, and a street door; not a side door—the lodgers get to their rooms by the street door—Mrs. Chirm had a key of her apartment—I could get to her apartment by the same staircase as I went to my own—we both lived there—Mrs. Chirm stayed there eight or ten days afterwards—she went before we left the house—I did not expect her to come and lodge with us—I never saw her before—when she came, she asked if Mrs. Elliott, the former landlady, lived there—I told her, "No"—the prisoners both went out together, only not a breast—Warner asked him if he was not going to give her some gin—his answer was, "No."
Cross-examined by MR. PAYNE. Q. Warner came in by herself? A. I saw her pass my door by herself—I did not see Berry with her.
COURT. Q. When you say you observed Warner come in alone, where were you? A. In my bar—she came in from the street door—she passed the bar, which leads to the tap-room on the left, and to a room called the club-room—that would lead to the stairs—I let the prisoners out of the house—I first saw them at the street door—I never saw Berry till I saw him go out—he was within two steps of the door when this conversation occurred—the club-room is up stairs—the same staircase leads to the lodger's room—I did not see whether Warner went up that staircase—to the best of my knowledge, she went up stairs—I have a recollection of it—I cannot say she went up, because there is a turning to prevent my seeing her; but I remember her perfectly well coming into the house, and passing the bar, which leads to the tap-room on the left, and the stairs on the right, and to the best of my recollection she went to the right.
MR. PAYNE. Q. Have you any recollection about it? A. Yes—I was at my business at the bar when Warner cane in—I was standing with my back to the fire-place—I swear I recollect that Warner turned to the right, and not to the left—what made me observe her was, she came into the house with a light trip along the passage—I had the tap-room in view—if she had gone in there, I should have observed it.
COURT. Q. Did Mrs. Chirm occupy the room opposite the club-room door? A. No; it is on the same landing, and on the same floor—hers was the back room—there are three rooms on the floor—my room and the club-room were the two front rooms—we had no club—the room was used by the customers at large—it was considered a better room than the tap-room—Berry was not intoxicated.
JAMES BRITTEN . I was at the Green Man on Sunday morning—I saw Warner and Berry there—I met Berry on the stairs which lead to the club-room—he was going down the stairs, dressed in a drab great coat—I had not seen him in the house before, that—I did not see him go out—I was going up stairs at the time—nobody was with him then, but I saw Warner at the top of the staircase leading to the club-room, at the same time as I was going up; but they were not in company—she was standing
still—I cannot say how near the club-room door—I went into the club-room, and did not see whether she went away or remained there—I did not hear of the robbery till the afternoon—I went away about a quarter to one o'clock—I have not seen any coat since—I was charged with being concerned in this.
Cross-examined by MR. CLARKSON. Q. I suppose you did not take sufficient notice of the coat to speak to it? A. No, I did not; further than it was a drab coat—it was in the morning—I cannot name the time exactly—I think it must be about twelve o'clock—there were a number of people in the club-room—it was Sunday—I was among the company—church begins at eleven o'clock, and it is not over till one—there might be a dozen people in the club-room—they were almost all working men—there were some women there—I cannot say how many—I saw no drap coats in the room besides Berry's—I saw Berry—it might be about the centre of the stairs—he was coming down—I was in work at the time for Mr. Uxley, of Castle-street, Long-acre—they took me into custody and discharged me on the Monday morning—I made no promise to appeal at the next examination—I was not ordered to go, and did not—I was discharged altogether—I had not seen Berry arrive at the house, nor could I see him go out—I did not observe any thing pass between him and the female.
WILLIAM DAWSON . I am a policeman. On Sunday afternoon, the 19th of October, I went to Warner's house, between four and five o'clock—I found her at No. 19, Belton-street, Long-acre, in the two-pair back room—I searched the room, and found this great-coat lying on a chair by the side of the fire; and I found this box in a cupboard by the side of the fire—there were two pair of spectacles and some ladies' fronts in the box, and some memorandums—I found this bag, and a ring—the ring was lying on the mantel-piece—I found nothing more—Warner said they were brought there by another person (naming the person) and she knew nothing at all about it.
Cross-examined by MR. PAYNE. Q. Do you mean to say that was all she said? A. I do not know that is all she said—I do not know that I can recollect every word which was said—she said they were left by a man named Berry—I asked her if she knew where Berry was to be found—she said she did not rightly know, but the most likely place was the Swan, Little St. Andrew's-street—I went there, accompanied by Dixon (police-constable F 33) and Mrs. Kay—the prosecutrix was not with me—I found Berry there in consequence of what Warner told me—she did not point out the box before I found it—she did not attempt to conceal any of the property.
Re-examined. Q. Before you found the box, had you made any inquiry about it? A. No; I did not exactly know what was taken—I searched every part of the room as well as I could—she did not prevent my search—nothing except the great-coat had been mentioned as being lost—the closet was closed in which I found the box.
COURT. Q. In what parish is the Green Man? A. I believe, St. Giles-in-the-Fields; but I cannot exactly say—I have heard St. Giles parish always called St. Giles-in-the-Fields.
two latch keys—I tried the skeleton key to the first floor back room door of the Green Man, which Mrs. Kay pointed out to me—it opened the lock.
Cross-examined by MR. CLARKSON. Q. It is a common lock, is it not? A. I believe it is—the key opens it well—it is the usual sized lock for a bed-room—I dare say it would open a variety of doors.
Cross-examined by MR. PAYNE. Q. Mrs. Kay was present when you apprehended Berry? A. Yes—she gave all the information she could to assist in apprehending the party.
MRS. CHIRM re-examined. This is the little box I spoke of—it is mine—this is my reticule, and spectacles which were in the reticule—the other articles in the box are mine—this is the ring I lost—I have not seen the Watch since, nor the neck-chain.
Warner's Defence. Berry came to me and brought the coat—he told me he should return in a very short tine—I told him he must, for I was going out—he never came back—I went to bed, and was in bed when the policeman came—he asked how I came by the things—I said Berry brought them there, and he was coming very shortly for them; and that was not the only thing he had left—he asked what he had left besides—I was going to the cupboard to show them, but he got to the cupboard before I could get there—he asked where Berry was to be found—I said the most likely place would be the White Swan; and, after my being taken, the policeman went and found him there—in the morning, before the magistrate, Berry asked what I was going to say—I said I was going to speak the truth—he then said, "You had better say you had nothing to do with it"—I said, "I cannot say that; the coat could not walk into my room"—he said, "Well, you must say what you like, I suppose"—Mr. Minshull told me, if it was any service to me, to state that a female came to the cell, and said she had sold the watch for 6l.—I sent for my prosecutrix, and told her where the watch was to be found, in consequence of what I heard in prison—I do not know whether she went after it—I am as innocent as the babe unborn—he brought the things into my house—I said, "Here is a ring on the mantel-piece, which does not belong to me, does it belong to Kay?"—the policeman took it away.
Berry's Defence. My brother is a dealer in old iron; and, in helping him to sort out old iron, I picked out these two old keys, which the policeman found on me.
BERRY— GUILTY . Aged 35.— Transported for Life.
WARNER— NOT GUILTY .
MR. BODKIN conducted the Prosecution.
LEWIS CUBITT . I am a builder, and carry on business in Gray's Inn-road, in partnership with William Cubitt. The prisoner was in our service as clerk—on the 11th of October, I gave him a cheque on Payne and Smith, our bankers, for £700—it was our weekly practice to give him a draft every Saturday morning, to pay the workmen—he knew better than me what proportion of silver and gold he would want—I gave him the cheque about ten o'clock, and I think he left our premises about
twenty minutes afterwards, in my gig—my groom drove him there and back—I did not see him when he returned.
Cross-examined by MR. CLARKSON. Q. How long has he been in your employ? A. About eighteen years—we never had any reason to doubt his honesty and faithful conduct, up to the time in question—he lost a favourite child sometime ago—since that he was not quite so regular in his attendance at the office as before—I saw him myself on the morning in question when I gave him the draft, I observed nothing; but I am now of opinion there must have been something different in his manner—I speak from the evidence I heard at Bow-street, and from remarks I heard other people make; but I really think, there is no doubt he must have been insane, at the time he took the draft, or shortly after—I conclude so from facts communicated by other people.
COURT. Q. Whether the facts stated occurred, of your own knowledge you do not know? A. No.
MR. CLARKSON. Q. The money, the subject of the charge, is now, I believe, invested in a banker's, in the joint names of your own house and some office? A. I expect it is now in our possession—it was placed in a banker's hands, in the names of ourselves and another party—less than 5l. was missing—he had repeated opportunities of committing acts of dishonesty to a very great extent—I saw him again on the 22nd of October, when he was taken before the magistrate, it was ten or eleven days afterwards—I do not recollect making any observation on his appearance at that time—his appearance was much the same as it usually has been, but mentally, I had no opportunity of judging, as I did not communicate with him.
Q. I believe both you and your brother are anxious the prisoner should have every possible lenity? A. Exactly so; we are very sorry to see him in his present situation—if the magistrate had taken our view of the case, that he did it in a moment of mental aberration, we should most cheerfully have allowed the matter to cease—we expressed that wish, but the magistrate said that must come out in evidence.
Cross-examined. Q. Did you observe him more than usual that morning? A. I did; it struck me when he came into the room, there was something strange about him—I observed that from his appearance and demeanour—he had lost a child six months or a year ago—I observed a change in his conduct after that—I do not mean a change that would indicate insanity—I can hardly express how I felt on the morning in question—it did not strike me he was out of his mind, not there was something odd, and I looked at him again—I did not feel that he was out of his mind, but there was something strange about him which I could not analyze—I said to myself, "What is the antler with Ellis?"—it occurred to my mind that I had made the observation in the morning, when I found he had not returned with the £600—it was quite clear he did not mean to go away with the money when he brought it home, for he put it it the proper place, where it should have been—from what I saw of him that morning, and from what I have seen of him before, I have come to the conclusion that on that morning he was labouring under temporary aberration.
COURT. Q. What makes you think so? A. His going away with £600, which was little more than two yean of his salary, and what could
he do—he had 4l.10s. a-week wages—that, and other circumstances, makes me certain that on that morning there was something wrong—I would have answered for his honesty to any extent.
GEORGE NICHOLSON . I am clerk to Messrs. Payne and Smith. On the 11th of October the prisoner, presented a cheque drawn by Messrs. Cubitts—I gave him 100l. in silver, 400l. in half-sovereigns, and 200l. in sovereigns and half-sovereigns mixed—I usually paid these cheques for wages in coin.
Cross-examined. Q. Did he ask you for 300l. in silver at first? A. He did, but silver being scarce, we could only give him 100l.—silver would be more inconvenient than gold to run away with.
WILLIAM MORLEY . I am groom to Mr. Lewis Cubitt. I drove the prisoner in master's gig to the banking-house on the morning in question—he brought out a bag of money—I saw only one bag—I drove him back to Messrs. Cubitt's—he took the bag in there—when he came out of the banking-house, I observed to him that he had got very little—he said he could not get any more silver.
GEORGE LITTLEFIELD . I am clerk to Messrs. Cubitt. I remember on the 11th of October the prisoner returning from the bankers—he brought in a bag of money to the counting-house, and gave one bag, containing 100l. in silver, to me—he said he could not get any more silver—I saw him with a bag which appeared to contain other money—he put that into the drawer of his own desk, where it was usually kept—he had the key of it—I afterwards told him he had better go out to get more silver, and said I thought he might get some at Mr. Chapman's—I missed him afterwards, and thought he was gone for silver—he did not return—the drawer was broken open then, and no money was in it—he did not return.
GEORGE CARTWRIGHT . I am coachman of the York Express, and keep the Spread Eagle at Bugden. On Sunday, the 12th of October, a bill reached me respecting this robbery, and the prisoner came to my house that day, and called for brandy and water—he was served by my wife—I saw her give him change for half-a-sovereign—I took him into custody in consequence of the hand-bill I had seen—I told him I should detain him on suspicion of absconding with a considerable sum of money—he said, "Indeed, Sir"—I said from a hand-bill I had seen that day, I was positive he was the person—he said I might be mistaken—he was given into custody of Hans and Faulkner.
Cross-examined. Q. Where did you get the hand-bill? A. A gentleman travelling down by the coach had it in his possession, and he read it while I was at dinner—he had only one—I did not see any more in the neighbourhood—I do not know how the prisoner arrived at my house—I believe he walked with a waggoner in my service some small distance to Bugden—he was at my house not three minutes before I apprehended him—he had one small glass of brandy, and water—he appeared to be sober, quite so.
THOMAS BOWYER . I am churchwarden of Bugden, and lived next door to Cartwright. I was sent for, and found the prisoner in custody—Cart-wright sent for me at seven o'clock in the evening—when I got there I found the prisoner at a public-house a little distance from the town—I searched him, and found on him three canvass bags of gold, containing principally half-sovereigns—I brought him to Bow-street, and was there when the examination was gone into—when I was sent for, I read the bill to the prisoner, and told him it answered his description—he asked to look at
it, he read it, and said, "It is too true"—I said he must be searched—he said there was no occasion for that, he would give me up what he had; and he gave me up the gold.
Cross-examined by MR. CLARKSON. Q. What was the weight of the bags you found on him? A. Three or four pounds, I suppose—there was seven hundred and ninety new half-sovereigns, and 200l., partly in sovereigns and half-sovereigns—I should say it must weigh four pounds—I brought it to London—it was certainly not a convenient parcel for a man to carry along the road who was walking—there is 595l.
Prisoner's Defence. I have served (I believe, faithfully) Messrs. Cubitt some years—I never had the least idea I was doing this—I think I may say I was a confidential man—I have had several family calamities—what with the loss of my father and child, it drove me from one thing to another—I became actually reckless of what I did—believe me, on the word of a man, I did not know what I was about at the time—I have several witnesses to speak to my character before this unhappy affair took place.
—EDWARDS. I am collecting clerk to Attwood's glass works. On Saturday morning, the 11th of October, I had occasion to go to Cubitt's premises—I saw the prisoner there from half-past nine to a quarter before ten o'clock—I have been in the habit of doing business with Messrs. Cubitt eighteen years, and knew him there—I had very frequent occasions of observing him—on the morning in question I was so struck with his conduct and behaviour that I went back, and said at the counting-house, "I think Ellis's family afflictions have turned his brain"—that is what I thought and expressed before I heard of this—he was not an acquaintance, I only knew him in business.
COURT. Q. What made you from that opinion? A. I took a bill of acceptance there, as was usual—I saw Ellis, and asked him to get the bill accepted—previous to accepting it, he had to enter it in the bill-book—it was drawn by mistake, on William and Thomas Cubitt, which was the old firm—Ellis said there was a mistake in it, when he was going to enter the bill in the book—I said no, it was as was agreed with Mr. Cubitt. and myself—thinking he alluded to the term the bill was drawn—he pointed out what he meant—I said it was necessary I should take the bill back, and get another drawn; but he persuaded me to leave the bill, saying, "They can accept it, if they like, it is all among the brothers—I will ask Mr. Cubitt to do so"—I was quite certain no man in sane mind could do so, for he was a regular man of business, always—he pointed out the error himself, but Mr. Cubitt very properly gave me the bill back, and rather reprimanded me, supposing it was me pressed to have it accepted, but it was the prisoner—his manner was unusual, or I should not have come to the conclusion I did.
RICHARD POWELL . I am in the service of Messrs. Cubitt. I have known the prisoner a year and a half—he had a child who died—when I first knew the prisoner he was a man of business—regular in his habits, and well conducted—I observed a great alteration in his manner, since his child's death—he has drank to excess since that time—I saw him before he left the premises, on the morning in question, after he had been to the banker's—I did not remark any thing that morning—he has not appeared to know what he was about, since his child's death—on the Friday previous to that Saturday, at half-past nine o'clock in the morning, he came into my apartment—I conversed with him on business, but he answered me directly opposite to the questions I put to him, relative to some
little expense—money I had laid out—I told him I had paid so much—I believe 4s. or 5s.—he said, "You have a coin?" which is a medal I had of Birmingham Town Hall—I said I had—he asked if I would give it him—I asked what he wanted with it—he said he wanted it particularly, as it was what he thought very pretty, and he wished very much to have it, and would keep it in memory of me—I said, "I do not see what service it will be to you, but if you particularly wish it, you may have it," and I gave it him; he put it into his pocket, and left me; and I observed afterwards that there was an alteration in his manner—he appeared occasionally depressed—I have come to the conclusion that he is at times incapable of governing himself—I made that observation previous to this happening, and I said so to Mr. Abbott.
SIDNEY ABBOTT . I have been in the service of Messrs. Cubitt nearly six years—I have known the prisoner all that time—I have been very intimate with him—I was acquainted with his family—I remember the loss of his father, and observed an alteration in his conduct then—it is about four months ago—it is since the loss of his child—when he lost his child he seemed very much affected, and I think took to drinking more than usual—I observed nothing irregular, till the loss of his child—I have known him, since that time, drink excessively—he was well provided for, and had a good salary—I saw him on the day in question—I generally saw him every day—I thought him just the same as usual, his demeanour was very strange—he passed through the office—I asked him how he was—he turned round and looked at me in a very vague manner—I repeated the question, and he made no reply—I asked after his wife, and he made no answer—I then said, "How proud we get," and he made no answer to that—I have heard Mr. Powell's observations relative to his conduct, and have made observations about it myself, to two or three persons, long before this happened—the vacancy of his look was particularly striking—I have thought at times that he was in an incoherent state, and thought so that morning.
GUILTY—Strongly recommended to mercy by Prosecutor and Jury, under an impression that although he could distinguish right from wrong, he was not quite in the right possession of his mind — Confined Three Months.
ANN CLIGHORN . On the 29th of October, I was out with a child named Jane Tanner, the daughter of Thomas Ebenezer Tanner, who lives in Old Gloster Street, Hoxton—it had a necklace on—I had been along Black-horse-fields, Kingsland-road—when I got to Wilmore Gardens, I saw Bryan snatch the necklace off the child's neck—he said to Cox, who was with him, "Come on;" and both ran away together—Cox was not many steps from him—both ran off together with it—I had seen them walking together for a quarter of an hour watching the child—they had not spoken to me.
CHARLES GEORGE MITCHELL . I am a tea-caddy-maker, living in the Kingsland-road. I was coming out of a public-house, and saw two persons run by, and directly after them Mrs. Clighorn, who was crying, and said they had taken the necklace off the child's neck—I pursued—they turned down a street; and when I came to the corner, I found a policeman had seized hold of the smaller prisoner—I received information from the
bystanders, and found the necklace thrown down a sink in the street—I believe the prisoners to be the persons who I was pursuing—there are only two houses from the public-house to the corner, and they were very soon out of my sight.
ROBERT BECKERSON (police-constable L 51.) I met the prisoners running down Philip-street, Kingsland-road—I saw Bryan give Cox something, but what it was I do not know—I heard the cry of "Stop thief"—I saw Bryan turn round, in another direction—Cox continued to run on—I pursued him—I saw him throw the necklace into the sink—I caught him, and brought him back to the sink.
JAMES MASON . I am a policeman. I was walking along the Kingsland-road, and was asked to take Bryan into custody, for snatching a necklace off a child's neck—I went to the spot, and found Beckerson—I secured Bryan, by desire of some persons.
(Property produced and sworn to.)
Bryan's Defence. The girl knows nothing at all of me—she never saw me before, nor any body else—I had been along the fields nearly an hour, waiting for my father-in-law's going to work in the fields.
BRYAN— GUILTY . Aged 18.
COX— GUILTY . Aged 17.
Confined Three Months.
NEW COURT.—Wednesday, November 26th, 1834.
Fifth Jury, before Mr. Common Sergeant.
75. MARY ANN FOSTER was indicted for stealing, on the 28th of July, 2 pair of trowsers, value 4s.; the goods of Andrew Law: also stealing, on the 16th of October, 2 pair of trowsers, value 5s.; the goods of George Rouse : for stealing, on the 6th of June, 1 printed bound book, value 2s.; the goods of Judith Gwillim: also for stealing, on the 7th of October, 2 shifts, value 4s.; 1 tippet, value 6d.; 2 glass tumblers, value 1s.6d.; and 1 table-cloth, value 3s.; the goods of William Milton: to which she pleaded
GUILTY . Confined One Year.
MARIA SMITH . I am the wife of John Smith. On the 21st of August, the two prisoners took a room in the home where I lodge, and on the following morning I missed a blanket from the staircase window—this is it—I found the duplicate of it on their mantel-piece.
NOT GUILTY .
JOHN WALLIS . On the 24th of November, I was at the foot of London Bridge, about half-past four o'clock—I felt some one at my pocket—I turned, and saw the prisoner putting my handkerchief into his breeches pocket—I accused him of having it—he said, "Here it is, Sir," and ran away—I followed him—he crossed the road, ran down the steps, crossed
again, and ran up the steps on the other side—I did not lose sight of him till he was stopped.
Prisoner. I picked it up, and when the gentleman asked me, I gave it him. Witness. I am quite sure he took it from my pocket, and when I took him he begged for mercy.
GUILTY .—Aged 18. Confined Six Months.
78. ELIZABETH JOHNSON was indicted for stealing, on the 4th of November, 2 half-crowns; 6 shillings; 4 sixpences; and 2 1/4 d. in copper monies; the monies of Robert Mercer, from the person of Ann Mercer.
ANN MERCER . I am the wife of Robert Mercer, and live in the Match-walk, Shadwell. On the 4th of November, I met the prisoner—she asked me to drink—I got quite intoxicated—I had a pocket on, which contained two half-crowns, 6 shillings, and four sixpences—when I recovered, I found myself in the prisoner's bed—she lives in the same house with me—my father and the officer came and asked where my money was, and I missed my pocket and money.
Prisoner. She told me to take the money, and to send 3s.6d. to her mother. Witness. No—I had not sense to do it—we began drinking about ten o'clock—we went into three public-houses, and drank rum—I paid for some.
ELIZABETH PAINE . I met the prisoner and prosecutrix—they were both tipsy, and they asked me to go into a wine-vaults and take some rum, which I did—the prosecutrix was sick soon after, and the prisoner took off her apron and her pocket, which was under her apron—she said she would see what money she had, and return it when she was sober—she counted the money before me—there was 13s. 2 1/4 d.—she then took the prosecutrix by the arm, and said she would take her home, and put her to bed—the prosecutrix's father said he would seek after the prisoner, that the money might be delivered to him, till his daughter was sober—the officer took her, and when she was brought into her own room she denied all knowledge of it—she was drunk then.
MARGARET SCOTT . I live in Jolly's-court. The prisoner gave me half a crown and a shilling, at the Crooked Billet—she told me to take it to Mrs. Mercer, and tell her to mind it for her—the prisoner was drunk.
WILLIAM CLAPSON (police-constable K 150.) The prisoner was brought to the station-house—I asked what money she had got—she said I might see—she took out 1s., one sixpence, and some copper—she said she had no more, but I found one half-crown and some more copper.
Prisoner's Defence. Six shillings were my own money.
GUILTY. Aged 29.—Recommended to mercy.— Confined Six Months.
Prisoner's Defence. I was in great distress—I was in the police, but lost it through my wife's misconduct.
GUILTY. Aged 32.—Recommended to mercy by the Prosecutor and Jury .
Confined One Week.
GEORGE GALL . On the 24th of October, I was at the end of Lombard-street, and saw the two prisoners and another—I saw Brown take the handkerchief from the prosecutor's pocket—he let it fall because I seized him—Clarke was walking five or six yards behind him—the other, who was close by Brown, escaped—the officer came up, and I sent him after Clarke—I had seen Clarke speak to Brown not a minute before, and they had all three been following another person, which induced me to watch them.
Clarke's Defence. I was walking up Fish-street-hill—there was a great mob of people—I ran across the road, and the officer took me—I asked him what for—he said, "Come with me, and I will tell you"—they took me to the corner of the street, and said they had seen me with this other boy.
Brown's Defence. I picked up the handkerchief at the corner.
(David Pemberton, of Clifton-street, and Thomas Bevil, gave Brown a good character.)
CLARKE— GUILTY . Aged 17.— Transported for Seven Years.
BROWN— GUILTY . Aged 15.— Confined One Month.
Cross-examined by MR. DOANE. Q. Do you recollect, on the 8th of October, giving him three watches to repair? A. Yes, the works of three—I did not desire him to call again for work, but he did call—I complained of the work being badly done, and did not give him any more—I called at his lodging afterwards—he said he was ill—his wife said he had sent the watch home by his brother, who had pawned it—he was not in distress—he had lately taken an apprentice, with 30l., and was in comfortable circumstances—I demanded the watch, and he said if I would wait a day or two, he would return it—I had him taken, but I think not the same day—I have since discovered that he has pawned it four times.
COURT. Q. Did you say you would give him a day or two? A. I might have said that, as he said he was poorly and could not get it.
LEWIS CASPER . I am the prosecutor's son. On the 9th of October, the prisoner came to the shop—he said, "I have seen your father, and he told me to tell you to give me the watch," pointing to it—I gave it to him—I was going to take the movement out of the case, and he said, "Do not trouble yourself, you will have it back this evening"—he called his apprentice in, and said, "You will have to bring the watch back this evening—mind you take care of it"—I did not see it again till he was taken.
EDWARD YOUNG . I am in the service of a pawnbroker. I have the watch which was pawned by the prisoner on the 9th of October, for 5s.—he came again the same day, and had 5s. more—the next day he had 10s. more, which made 1l., and he came on the 11th, and had another sovereign.
Cross-examined. Q. Did you know him? A. No; it was pawned in the name of James Baker—he said he was in the watchmaking line—I wanted to buy it of him, as I wanted one; but he said he could not sell it, as it was his son's, and he was in distress.
Prisoner. I worked for him upwards of ten years, and have had a great deal of property—I should have returned it.
NOT GUILTY .
GEORGE DORRELL . I live at Chelsea. I was in Fleet-street on the 9th of November, at half-past twelve o'clock—I saw the prisoner with another person—the prisoner had his hand in the prosecutor's pocket, and took out his handkerchief—I took hold of him.
Prisoner's Defence. I was looking in at a picture-shop, and the gentleman came and said I had taken the handkerchief—I was carrying some things for my mistress.
GUILTY . Aged 17.— Transported for Seven Years.
The witnesses did not appear.
NOT GUILTY .
84. JOHN WICKS, JAMES DOUGLAS, WILLIAM SMITH , JAMES STONEHEWER, GEORGE PRICE , and THOMAS DOUGLAS , were indicted for stealing, on the 22nd of October, 1 cap, value 3s.; 1 coat, value 1s.; 1 table-cover, value 1s.; 2 sun-blinds, value 1s.; 1 knife, value 6d.; 1 screw-driver, value 3d.; 6 cups, value 1s.; 6 saucers, value 1s.; 6 plates, value 1s.6d.; 1 jug, value 6d.; 2 spoons, value 1s.; 1 tea-caddy, value 6d.; 1 basin, value 9d.; 1 saucepan, value 1s.; tea-board, value 1s.; and 1 fender, value 1s.; the goods of John Casey; and JOSEPH CLEMENTS and ELIZABETH CLEMENTS were indicted for feloniously receiving the same; and that John Wicks had been before convicted of felony.
MR. BODKIN conducted the Prosecution.
JOHN CASEY . I have a garden in the neighbourhood of Hackney. A number of other persons have gardens there. On the 21st of October, I saw my garden and summer-house, and all the property in it safe—I had a cap, a coat, a table-cover, and the other articles stated, there—I did not miss the property till the 26th; but it was missed on the 23rd—the summer-house
had been locked, but the side of it, which was wood, had been broken down—some of my property it here—I do not know the prisoners.
GEORGE KEMP (police-constable N 82.) I went to the house of Joseph Clements and his wife, at No. 35, Queen's-head-walk, Hoxton. on Sunday, the 26th of October. I took several gentlemen with me—I had been to the gardens before, and found the summer-houses were stripped—I found Clements, and his wife, at home—I found Wicks, James and Thomas Douglas, and Stonehewer, there—I said to Mrs. Clements, "I am come to search your house"—she said, "You are quite welcome"—her husband did not say any thing—I found this cup and saucer, owned by a gentleman of the name of Pickford, this knife and spoon, and some other articles belonging to Mr. Casey—I knew that Mrs. Clements had lived there some time—there are only two rooms, both on the ground-floor—she said the boys had brought these little things for their own use—I took the things, and took her and the boys into custody—she did not tell me about any other things—I took the shoes of Wick, James Douglas, James Stonehewer, and Price, (who was taken in the same house afterwards, by another policeman,) and fitted them to the marks in the gardens, where the robbery had been committed—they corresponded exactly.
Cross-examined by MR. PHILLIPS. Q. Have you known Joseph Clements? A. Yes, these twelve years—he has been a very respectable man—he goes out in the morning to his daily labour, and comes home late at night—when I was taking them away, he said his wife told him that the boys paid her 3d. a-piece for their dinners.
PHILLIP M'KEN (police-serjeant 22 N.) I went to the house immediately after the last officer, and I saw the property found—I heard Elizabeth Clements say, these small things had been brought in by the boys for their own use—she did not say any thing about any other property—I afterwards got from Mary Ann Morris, a saucepan, a fender., a brush, a pail, a wash-hand basin, a bottle, and several other things—she gave them to me voluntarily, and told me where she got them.
RICHARD HAWKES (police-constable N.40.) I saw the prisoners, who had been taken by the other officer, at the station-house that Sunday, and in the evening I saw Smith in the Kingsland-road, with some girls—he saw me, and went away, and I lost sight of him—I then west to Clements' house, and found Smith in bed—he had his clothes off—he was denied when I got there, by a girl—I took his shoes to the garden, and they corresponded with the marks.
MARY ANN MORRIS . My husband is a chair-maker, and lives in Queen's Head-walk. On the Monday morning I delivered the articles to the officer, which have been produced—I received them from Mrs. Clements on the Saturday night, she asked me if I would take care of them, as her son was going to be married, and he did not wish her husband to know any thing about them, as he might think she was robbing him and her younger children, to give to her eldest son—I saw the officers go to her house on Sunday, but I did not know they were officers—I went to Mrs. Clements' on the Sunday, and asked her if the things were stolen—she said, "For God's sake say nothing about them"—I live nearly opposite to her—I know these boys have been in the habit of coming to her house for about three weeks—there were always boys there having their victuals, and I believe some lodged there. JAMES CASEY. This fender is mine; this tea-board, and these two
spoons, the saucepan, and one or two other things—I lost a great many more things, which have not been found.
Elizabeth Clements. These things were brought to my house on the Thursday evening, by Pulling, and a man named Stiles, who were honouraby acquitted; and Serjeant M'Ken's wife bought a pair of old blue trowsers at the time I bought the crockery.
Wicks's Defence. At the time the robbery was committed, I was at work—I was going down Queen's Head-walk, and a young lad called me into Clements' house, and I had not been in two minutes before the officer took me.
James Douglas's Defence.—My mother sent me to Clements' house to see for my brother, and the officer came in and took me.
Stonehewer's Defence. Mrs. Clements washed for me—I went for my things, and the officer took me.
Elizabeth Clements' Defence (written.)"At the time I purchased the property, my husband was from home, at Stamford-hill, at his brother's, and is entirely innocent of the charge. I feel it a duty incumbent on me, having a parent's feelings, to speak in justice to the lads' innocence, that were taken, at the time, on suspicion; they are all entirely innocent. Wicks, Douglas, and Stonehewer, had not been long in my house, merely calling for my children to walk out with them. I formerly knew their parents, and having a feeling towards their offspring, merely sheltered them through humanity, till, through persuasion, they were reconciled to return home. I bought the property in question at my own door, of two young men, entirely strangers to me; but questioned them as to the property being their own, to which they replied in the affirmative, and I purchased them without hesitation, thinking to make my son a present, as he was on the point of marriage. I feel it my duty to make a free confession of the male prisoners' innocence, throwing myself entirely on the humanity of the Court"
WICKS— GUILTY . Aged 17.— Transported for Fourteen Years.
JAMES DOUGLAS— GUILTY . Aged 18. SMITH— GUILTY . Aged 17.
STONEHEWER— GUILTY . Aged 19. PRICE— GUILTY . Aged 17.
Transported Seven Years.
THOMAS DOUGLAS— NOT GUILTY .
JOSEPH CLEMENTS— NOT GUILTY .
ELIZABETH CLEMENTS— GUILTY . Aged 39.— Transported for Fourteen Years.
There were four other indictments against the prisoners.
GUILTY .— Transported for Seven Years.
86. THOMAS COMBER was indicted for embezzling the sums of 7s.1d. and 1s. 6d., received on account of Stephen Holding, his master; also obtaining, by false pretences, from Charlotte Brown, the sum of 10s.; to which he pleaded
GUILTY .— Transported for Fourteen Years.
GEORGE BUCK . I live at Mr. Cox's, in the Poultry. On the 22nd of November, in the evening, I was in Bridge-street—a person spoke to me, and I missed my handkerchief—this is it—I had had it in my pocket just before.
CHARLES THORP . I am an officer. I was in the street, and saw the prisoner, whom I had known—I watched, and saw him take the handkerchief from the prosecutor, he was in the act of passing it to two others—I took him.
Prisoner's Defence. I was crossing from Fleet-street to Farringdon-street, and the officer took me—this handkerchief was on the ground—I had not touched it.
GUILTY . Aged 18.— Transported for Seven Years.
RICHARD SAMUEL HADWEN WARD . I live in Queen-street. I was coming up Fleet-street, on the 24th of November, and felt my handkerchief drawn out—I turned, and saw the prisoner with it—he dropped it, and his own handkerchief too—I took it up—this is it—he was secured.
Prisoner. I saw two young fellows behind him who took the handkechief and dropped it on the ground—I was going to tell the gentleman. Witness. There were no persons near.
GUILTY . Aged 21.— Transported for Seven Years.
SAMUEL HANBURY . I live in John-street, Bedford-row. On the 5th of November, I was in Gregory-court, Holborn—I felt a twitch at my pocket—I looked very sharply back, and saw the prisoner close behind me, and my handkerchief on the ground—I charged him with stealing it—he denied it, and while I was stooping for the handkerchief, he ran away—I followed him, crying, "Stop thief"—he ran across Brooke's market, and I lost sight of him, but on turning a corner, I found him in custody of a man who keeps a coal-shed—I have no doubt he is the boy who took it, but I should not like to swear to it—there was no other boy running away but him.
EDWARD ASH . I was in Gregory-court. I saw the prisoner put his hand into the prosecutor's pocket, and pull out the handkerchief—the prosecutor turned round—there were several boys with the prisoner—I followed him, and did not lose sight of him.
GUILTY . Aged 17.— Transported for Seven Years.
90. CHARLES BARNETT and MATTHEW COLLIER were indicted for stealing, on the 3rd of November, 4 keys, value 2s.; 1 bag, value 1s.6d.; 1 half-crown; 13 shillings; and 1 sixpence; the goods and monies of Sophia Yates.
SOPHIA YATES . I live at Hillingdon. I was walking on the footpath, in Mr. Cox's park, alone, on the 3rd of November—the two prisoners came up to me, and Collins snatched my bag out of my hand—they both ran away—they did not say one word to me—there were 13s. in my bag and some keys.
Cross-examined by MR. DOANE. Q. Did you know them before? A. No; I knew something of Barnett's family—I am single—they were walking quietly, and I met them—I have never seen the property since—I saw the prisoners again in about two hours.
COURT. Q. Had they a dog with them? A. Yes; a white and brown dog.
WILLIAM WEST . I live with Mr. Cox, at Hillingdon. About one o'clock on the 3rd of November, I was going to Uxbridge—I met Collier and another young man with him—they had a dog—this was just by the bridge.
Cross-examined. Q. When did you see them in the house? A. About twenty minutes before four o'clock in the afternoon.
Collier's Defence. Barnett is innocent.
(Thomas Parrott, a chair-maker, and Mary Parrott, gave Barnett a good character.)
BARNETT— GUILTY . Aged 21.
COLLIER— GUILTY .—Aged 19.
Transported for Seven Years .
91. MARY ANN DAVIS and ANN TYSON were indicted for stealing, on the 3rd of November, 3 pieces of silk handkerchiefs, containing 21 handkerchiefs, value 3l.15s., the goods of Thomas Boyle; Davis-having been before convicted of felony; and MARY DAVIS , for feloniously receiving the same, well knowing them to have been stolen.
THOMAS BOYLE . I live in St. John-street, and am a draper. On the 3rd of November, I missed three pieces of silk handkerchiefs—Mr. Roe afterwards came, and produced one to me—I went with him to Mr. Waters, and saw two others—I then went to Harper-street, Goswell-street, and saw Mary Ann Davis—Roe and another officer then went and took Tyson, and brought her there—Mary Ann Davis then stated that Tyson and her had come to my shop, to ask for some quilling net—that Tyson had taken the handkerchiefs, and given them to her; but she had nothing to do with pawning them—Tyson denied it—the officer then went and brought Mary Davis—when she came, Tyson said, as the truth must be told, she would not bear all the blame—that Mary Davis knew all about it, and she went with her to pawn them at Mr. Upsall's—Mary Davis fell on her knees, and declared to God that she knew nothing about them—the pieces were marked, but there is no mark on these separate handkerchiefs—to the best of my belief, these are what I lost.
offered some silk handkerchiefs to pawn—I had suspicion they were stolen—they said they belonged to Mr. Isaacs—I told them to go and send him—soon after Tyson came back with Mary Davis, who said they were her property—I said I should not give them up till the right owner came—Mary Davis said she had them from a tally shop over the water—these are the three handkerchiefs they brought—I told the officer of it.
JOHN ROE . I am an officer. I called on Mr. Upsall—he showed me one of these handkerchiefs—I made inquiry, and found the prosecutor—I found Mary Davis at her house, and charged her with going to pawn them, which she denied.
MARY ANN DAVIS.— GUILTY . Aged 17.
ANN TYSON.— GUILTY . Aged 16.
Transported for Seven Years.
MARY DAVIS— NOT GUILTY .
92. STRATFORD WILLIAM HUNT and JOHN RICHARD ARSCOTT were indicted for stealing, on the 22nd of October, 69lbs. weight of lead, value 7s.; the goods of Thomas Mann Clerk, the same being fixed to a building. 2nd COUNT. For a larceny at common law of the said goods. 3rd and 4th COUNTS. Stating it to be the property of Richard Rodel.
WILLIAM HILL (police-constable N 206.) On the 22nd of October I saw the two prisoners coming towards me on the road near Hackney Wick. Arscott had a sack on his back—I asked him what he had there—he said he did not know, but he was carrying it for the young man by his side; meaning Hunt—this was about a quarter-past five o'clock in the evening—Hunt replied, that it was old lead, which had been lying about the premises, which his master had given him to make some money of—I told him he must go to the station.
WILLIAM GILLETT . (police-sergeant N 19.) I was at the station. I asked Hunt how he got the lead—he said he was authorized by his landlord to take any lead or any old things about, to make money of—this is the lead—I went on the 23rd, with Hill, to the Mill-house, Hackney Wick, and found, in the wooden shoot, a piece of lead—I got that—it exactly corresponded with this lead, and fitted the shoot—I have no doubt it came from there.
WILLIAM CARVILL . I am clerk to Messrs. Walton. The house in question belongs to the Rev. Thomas Mann—I have seen the lead—I have every reason to believe it came from the shoot that has been spoken of.
Hunt's Defence. I know nothing of its being cut off—I had some young men there, who, I believe, robbed me—I believe they cut it off, and laid it in the shed—this other prisoner was only carrying it for me.
Arscott's Defence. Hunt told me he had some lead to sell, and asked me to carry it for him, which I did.
HUNT— GUILTY . Aged 22.— Confined Six Months.
ARSCOTT— NOT GUILTY .
Fourth Jury, before Mr. Sergeant Arabin.
MR. BODKIN. conducted the Prosecution.
JAMES RICHARDS . I am in partnership with my father, John Richards' Mary Davis was in our employ to purchase old phials, and to wash and guage phials—she had been with us six or seven years—on the 21st of November, about half-past she o'clock in the evening, I placed myself in a gateway, where I could have a view of the prisoner Haxton, who I saw waiting about at the corner of Dorset-street, opposite our warehouse—she went to the warehouse door, and knocked three times—the door was immediately opened by Davis, who handed out a bundle, which Haxton took hold of—I jumped upon her, and said, "I have caught you at last"—she quitted the bundle, and Davis took it back—I pushed Hoxton into the room, and Davis fell on her knees and said, "Oh, my God! my God! Mr. James; I am very sorry"—Haxton said, "You cannot hurt me; you did not see the phials in my hand"—the bundle had not then been opened—she afterwards asked me what I thought the magistrate would do so her—there is a bell to that warehouse door, which should ring when it is opened, but it did not ring—a person inside could prevent it.
Cross-examined by MR. CHURCHILL. Q. You were outside? A. Yes—I cannot swear to these phials—they have no mark on them—they are worth about 10s.—the bundle was tied with a bit of string, which corresponded with some in our warehouse—I was in my counting-house at half-past four o'clock—no one came to the warehouse door then—I was not there at half-past five o'clock.
GEORGE SNEATH . I am clerk to the prosecutor. I was there from five till half-past six o'clock—no one called to leave this bundle there at that time—I could hear the bell of the door ring when it was opened in the usual way, but I did not hear it ring.
Davis's Defence. This woman brought me the bundle about half-past five o'clock—she asked me to buy them—I said I could not then—she asked me to let her leave it—when she came for it she asked me for six-pennyworth of copper, and I had it in my hand when my master came—I said, "I beg your pardon for taking the bottles at a wrong time"—the bundle had stood on the floor the whole of the time.
DAVIS— GUILTY . Aged 26.— Confined Three Months.
HAXTON— GUILTY . Aged 60.— Confined Six Months.
MR. CHURCHILL conducted the Prosecution.
GEORGE ELLIS . I am a farmer, and live at Edmonton—Taylor was in my service. On the 4th of November, I had a load of hay in my yard, which he was to take to London the next morning—I saw some pieces of card put into the upper trusses of hay by my foreman, with my initials on them—the hay went the next morning—I afterwards found a truss in the
possession of the officer—I sent thirty-six trusses of hay, and only thirty-four were delivered—I found a card with my initials on it in the truss detained by the officer—Taylor had no right to dispose of any, but was to take it to my brother.
Cross-examined by MR. PAYNE. Q. What had Baldyke to do with it? A. I do not know that he had any thing to do with it—the truss was opened in my presence, and had this card in it—I am not aware that other persons put cards into their hay—it has my writing on it.
THOMAS VANN . I am an officer. On the 5th of November, I went with Tilt to watch for the prisoner, Taylor, near Tottenham—I saw him coming along the road, driving Mr. Ellis's load of hay—we followed him till he came opposite the White Hart, when the waggon stopped, and I saw the tarpauling move—I then saw a truss of hay, and took it to the office.
Cross-examined by MR. BODKIN. Q. Did you see Baldyke? A. I saw Tilt bring him from the stable, and he brought the truss of hay from the stable to the door—I could not see the man go into the stable with the hay—I took Taylor when he came round by the horses' heads.
JAMES TILT . I am a police-constable. I went with Vann, and saw the waggon stop—I waited at the corner, and say the covering of the hay move—I then saw Baldyke close by the hind wheel, and Taylor gave him a truss of hay on his shoulder—I followed him into the stable—he turned round, and threw it off his shoulder—I then asked him whose hay that was—he said, "Hay! I have had no hay in my possession"—I apprehended him, and gave him to Vann—we took the two prisoners and the hay to the office.
Cross-examined by MR. BODKIN. Q. Do not persons leave hay on the road to feed their horses on their return? A. I believe it is done, and if there was a ticket stuck on it, it would prevent any mistake.
MR. ELLIS re-examined. This was a complete load of hay of thirty-six trusses, and there was a bottle truss on the top beside.
Cross-examined by MR. BODKIN. Q. Then if the load was not complete when it got to your brother's, they would have detected it? A. They were not in the habit of counting them.
(William Jones, a bricklayer, of Stamford-hill; Thomas Farr, a broker, of Newington; and Thomas Bothen, gave Baldyke a good character.)
TAYLOR— GUILTY . Aged 35. BALDYKE— GUILTY . Aged 35.
Transported for Seven Years.
95. WILLIAM ROBERTS was indicted for feloniously breaking and entering a building within the curtilage of the dwelling-house of George Brace, on the 29th of October, and stealing therein 5 sheep-skins, value 40s.; 7 calf-skins, value 40s.; and 113 kid-skins, value 14l.; the goods of George Brace and Edmund Brace.
MR. DOANE. conducted the Prosecution.
EDMUND BRACE . My brother George is in partnership with me, and we carry on business in Horse-shoe-alley, Finsbury—it is my brother's dwelling-house—I do not reside there—we are glove leather stainers, and have a house in the yard to dry leather in—we call it the stove—it is a few yards distance from the shop, when you come into the yard—I remember having the skins stated, about the 28th of October—they were in the possession of my nephew, George Henry Brace, for the purpose of washing them—at seven o'clock the next morning the premises were found broken open, the shutters had been broken down, the sash window taken
out, and all the leather, except a few skins, taken out of the drying stove—they were the skins mentioned in the indictment.
Cross-examined by MR. PAYNE. Q. How far from the house is this drying stove? A. About five or six yards—there is a yard between them which leads up to the house—the premises where the stoves are, is surrounded with a wall and palings—I had seen the premises at seven o'clock the night before—they were not fastened then—the skins were gone—I pay part of the rent of the building, but not of the dwelling-house.
GEORGE HENRY BRACE . I am nephew of the last witness. I received these skins from Mr. Harborough, of Carlton-street, Regent-street—I got them myself; and when I brought them home I worked on them, on the 28th of October; and on that evening I hung part of them in the stove the last thing at night, about half-past nine o'clock—I was the last person there—I locked up the place, all the windows were safe and the shutters up—I locked the door—I went there the next morning at six o'clock; when I got up to let the men in; the shutter of the stove was down, and the sash taken out—I called my father, and we missed these skins—I saw them again at Messrs. Wicks and Dudfield's, on the 30th.
Cross-examined. Q. Did you yourself put up the shutters? A. No: I saw them up—I went round, as I always do—I recollect that night, because I was in the stove, and could see the shutter put up—the sash had been taken out and was in the stove in the morning—it is never taken down by the person in the daytime.
MARY DAVIES . I am wife of John Davies—he lives in Orange-street, and is a glover. On the 29th of October the prisoner came there, and brought some skins—I did not examine them, but he left them for my husband to look at as a sample—my husband saw them the next morning, and the prisoner came; but I did not hear what passed.
Cross-examined. Q. Had you seen the prisoner before? A. No; but I am sure he is the person that came—I was serving a person when he came—I did not see him above three minutes.
JOHN DAVIES . I am husband of this witness. The prisoner came to my house on the Thursday—I asked him what he wanted for the skins—he said, "30s. a dozen"—I presume they were kid, but I did not particularly examine them—I did not agree to have them—he asked me if I would get them dyed for him—I said I would, and I sent Jones with them to Wicks and Dudfield's—I appointed the prisoner to come again on the Friday, and, from information I received, I got an officer to take him.
Cross-examined. Q. You did not notice what they were? A. No—I considered they were kid—we sometimes buy skins in a wet state—these were in what we call staking order.
MATTHEW DUDFIELD . I am a leather-stainer, in partnership with Mr. Wicks, in Bowling-street, Cow-cross. Jones brought these skins to me, and I hung them in the stove—on Friday the officer came with Mr. Brace, and had the same skins.
Cross-examined. Q. Had you no other skins in the stove? A. Not of that sort—we had kid, but these were Cape-sheep skins, and calf—my servants had access to the same premises—I had examined these skins—the mark of "No. 100" was on one of them.
shop, Mr. Davies said, "Come this way, and I will pay you"—I then stepped up and said, "Consider yourself in my custody"—he said, "What for?" I said, "For breaking and entering Mr. Brace's premises"—he said no more, and refused to give his address.
Cross-examined. Q. Where have you kept these skins? A. We give up stolen property to the inspector, but I marked them before I gave them to him, and so I know they are the same.
GEORGE HENRY BRACE . These are the skins—here is the mark, "No. 100," on one of them—I had hung them up upon three hooks, and have hung them there since, in the same place—they have the same holes in them now.
Cross-examined. Q. What kind of rack were they hung upon? A. On tenter hooks—they are sold by ironmongers—there are other hooks of the same description, but they might not be at the same distance—I noticed this mark, "No. 100," on them, two or three times.
COURT. Q. What parish is the place in? A. St. Leonard, Shoreditch—my father has been a trustee of the parish—we lost one hundred and thirteen skins, and found but a dozen.
Prisoner's Defence. This mark, the witness did not make himself, and on most hundreds of skins, that mark is found—I could make it, or any person—it appears to me it is not very clear evidence.
GUILTY . Aged 30.— Transported for Fourteen Years.
WILLIAM COLLINS . I am groom to Mr. Richard Percival—he lives at No. 2, Highbury-park, Islington. I lost this chaise-cover from the coach-house, on the 11th of October—the coach-house is at the back of our house—the padlock and key were in the door.
ALFRED HARRIS (police-constable N 100.) At half-past one o'clock on Friday morning, the 7th of November, I saw the two prisoners coming out of Canonbury-field, about half a mile from the prosecutor's premises—I followed them two or three hundred yards—I then stopped them, and questioned them—Young had a piece of green baize on his shoulder, it was raining—I raised the green baize up, and I saw a chisel in his right hand jacket pocket, and he had a padlock and key in his lefthand pocket—he said it was his own—I walked some distance further by the side of the New River, and I saw Wright, who was some distance in front, doing something to the front of his person—I went up to him, and saw something in his hand, by his side—I said "What is that?"—and he directly threw it into the river—I suppose it was a crow-bar—I then found a skeleton key in his pocket—I seized the two prisoners—Wright broke from me, and ran off—I sprung my rattle, and he was stopped near the Thatched House, by my brother officer, who found the chaise-cover in his hat.
(Property produced and sworn to.)
Young's Defence. We found these things wrapped in the green baize, at the back of Canonbury-house.
WRIGHT— GUILTY . Aged 46. YOUNG— GUILTY . Aged 32.
Transported for Seven Years.
WILLIAM BREAKWELL . (police-constable N 143.) About one o'clock in the morning, on the 14th of November, I saw the prisoner come out of Mr. Saull's yard with this tub—I asked what he was going to do with it—he said he did not know—and I took him to the station.
Prisoner's Defence. I was rather intoxicated—I saw the tub, and turned it over to sit on, not to steal it.
GUILTY —Aged 19. Transported for Seven Years.
THOMAS SANTHOUSE (police-constable E 39.) I took the prisoner—I found the fowl in his mother's cellar, and some others—I apprehended him on the 10th of October; and said, I supposed he knew what I took him for—he said he supposed it was for Mr. Bedford's fowl.
NOT GUILTY .
WILLIAM BEDFORD . I am a hair-dresser. I keep fowls in a mews—on Sunday, the 9th of November, I found my shed broken open, and missed one fowl—I then tied up the shed, and intended to destroy my other fowls in the evening; but in the evening they were gone—I was telling my suspicions to a man in the mews, and he said that Baker had been asking him for some corn—the next morning I saw Baker and two other boys come out of the mews—I went and asked Mrs. Baker to let me look at the fowls which were in her cellar—I then went down and saw my cock, which had its head cut off, and was picked clean—I then found my hen and the other fowls—I got the officer, who came and took the fowls and the prisoner—he came over to me, began to cry, and said a boy gave him the fowls in Cumberland-street, that he did not know it was my cock, but he knew it was my hen—his mother came out and whispered to him, and he said no more.
(The prisoner put in a written defence, stating that he had received the fowls from a boy named Turner.)
GUILTY . Aged 15.— Confined Three Months.
There was another indictment against the prisoner.
OLD COURT.—Thursday, November 27th.
Second Jury, before Mr. Sergeant Arabin.
JOHN STURGESS . I am a seaman. I was out of employ on Tuesday morning, the 4th of November—I went into the White Swan public-house, Ratcliffe-highway, to look for a person, about nine o'clock in the morning—I was quite sober—I had drank a little over-night, but had been to bed; and I was rather sick in the morning—I had a smock-frock in my bosom, which the prisoner took—I never saw her before—I asked her if she knew a person who had robbed me the night before—she took me out to find her—I was leaning my head over the fire-place—she snatched the smock-frock out of my bosom, and ran away with it—I lost her; but found her again in a public-house, and asked her for the frock—she said she had pawned it, and would not give me the ticket—I got a policeman, and gave charge of her—I had taken no liberties with her.
Prisoner. Q. Why did you go home to my place? A. You said you would find the person I was looking for—I asked you if you knew the person I wanted—You said, "Yes, come with me"—you took me to this house.
Prisoner's Defence. He was sitting with the frock under his arm—he treated me with gin—I was coming away—he called after me, and said, "Will you let me go home with you?" "You have got no money," said I—he said, "No; but I have an article I can pawn in the course of the day"—he laid on the bed, and got sick, in my room—I went out and pawned the article after being with him, and as I came back with the money, he met me with the policeman.
GUILTY . Aged 28.— Transported for Fourteen Years.
JOHN PHILLIPS . I am a watch-maker. My shop, at the time in question, was at No. 91, Goswell-street, St. Luke's—it was my dwelling-house—the prisoner was a journeyman in my shop at the time, and had been so about four months. On the 1st of November, I was confined to my bed—the prisoner came up to me with a gold flat watch, with a silver dial, worth about 10l., and asked me whose property it was—I told him it was Messrs. Grimshaw's, of Goswell-street—I had it to repair—he said it had been some time in the shop, and he could not make out whose it was—I missed that watch on Monday, the 3rd of November when Grimshaws sent for it, the prisoner was not present—he was out drinking, and I did not see him till night, when he was in custody, about six o'clock—I gave information, and found the watch in pledge.
Prisoner. Q. Prior to my possessing the watch, were you not terribly put to it for money—was there not the collector of the poor rates and water tax coming? A. Yes; but they agreed to wait till I got better to pay them—the collector took my word, that as soon as I got out of bed I would pay him—having a family of four children, I am obliged to do as well as I can—he had not my permission to pawn the watch.
Prisoner's Defence. From the 28th of October to the 1st of November, I did not attend the prosecutor's employment, for want of work, as myself and two apprentices were playing about; and not wishing to impose on the prosecutor, I kept away—on the 1st of November, being requested by the prosecutor to come to work, I attended, finding him slightly indisposed—he was obliged, next day, to go to bed, and call the doctor—the commencement of the week being devoted to attend to a sick friend, I informed him I could not attend to his work till the following week, which he approved of—he was confined the whole week to his bed—I attended on the Monday, as agreed on—I had two apprentices to instruct—on Monday, the collector of the water rate called and threatened to cut off the water—I appeased him by saying he should be paid when he called again—the collector of the poor rates called for 17s. 6d., and threatened to levy—he called again on Thursday, and I got him to let it stand over till the following day, promising he should be paid—he sent a man next day to levy, if not paid—the prosecutor said something must de done to satisfy the rates, and he did not wish even his wife should be made acquainted with his situation—on Friday, when the poor rate collector called, I was compelled to introduce him to the prosecutor's bed-side, and by our joint supplications, he agreed it should stand over, and that afternoon I suggested to the prosecutor the propriety of pawning a watch for two days to relieve him from his difficulties—he replied, "Baxter, I leave it all to you, pray make use of all exertions to relieve me from such pressing difficulties;" again saying, "I will leave it all to you"—he was much pressed for a new bell to a watch, which could not be got from the maker—these two watches belonged to the same gentleman as the gold watch—he has a wife and four children, and I thought it best to pawn the watch to relieve him from his difficulties, giving him part of the money on Saturday evening.
Prisoner to MR. PHILLIPS. Q. Did I not on the Friday evening give you 10s.? A. After the watch was safe on the Thursday evening, he came up to my bed-room, and he asked me to take a glass of wine—he was very flush of money, and tipsy—I did take a glass of wine with him—it over-came me, and he produced 10s. which he said came from a friend, which I did not doubt, as he had respectable friends—he asked if I was in want of money, and should he leave me a few shillings—I said, "No, not for me; but you are too drunk to take care of your money, leave it with me till morning," and next morning the 10s. was on the mantel-piece.
COURT. Q. Did he suggest to you the propriety of pawning a watch? A. Never; my character was always too high—I never said I would leave it all to him—on the Saturday morning he came again drunk, and produced several sovereigns from his waistcoat pocket with silver and copper—I said, "Leave that money with me, you are too drunk to take care of it"—he left a sovereign, and said, "If you wish for one, I will do it."
Prisoner. I pawned the watch to relieve him from his domestic difficulties—Mrs. Phillips actually used some of this money for domestic purposes—I reserved the rest for my week's wages, and any demand which might
be made in the shop—I told him on Saturday I would give him all the particulars on Monday—I want on Monday, and called up the apprentice—I afterwards met a friend and had a few glasses of liquor—I did not go to work till Tuesday morning; but I called on Monday evening, and understood he was gene to look for me—I went home, and on returning to the shop was taken by an officer—since my confinement he has been distrained on, and his shop is closed—I suppose he was alarmed at my intemperance, and thinking I should not be able to make up the money by the time—had I meant to steal the watch, should I have given him part of money it was pawned for, and should I have called on the Saturday and Monday? it may be a matter of mystery how I could make of £3; but my connexions are respectable, and I should have written to a friend.
GUILTY . Aged 42.— Transported for Life.
Before Mr. Justice Park.
102. CHRISTOPHER JOHNSON was indicted , for that he, on the 16th of October, knowingly, and without lawful excuse, feloniously had in his custody and possession, 1 mould, upon-which was impressed the figure and apparent resemblance of the obverse side of the King's current silver coin, called a shilling, against the Statue, &c.—2nd COUNT. Substituting the word reverse for obverse.—3rd COUNT. Stating that he had in his possession a mould impressed with the obverse side of a sixpence.—4th COUNT. Stating it to be the reverse side of a sixpence.
MR. GURNEY conducted the Prosecution.
ROBERT GOOSE . I am a policeman. On the 16th of October, I went to No. 1, Greystock-place, Tothill-fields, with Bannister and Clifton—I went to the top of the house, the two-pair front room, and found the door closed—I rapped at it—the prisoner and I both opened it at the same time—I told him we were officers; that we had information that he was carrying on coining, and we must search the place—he said we were welcome to do it—he was in his shirt sleeves—there was a strong fire in the room—I took him into custody—I searched the room, and under the fire place, up in one corner, on the right hand side, I found a mould which I produce—there was a lad in the room, and a little girl; and his wife and an infant in bed—I found a spoon, with white metal in it, in a table-drawer; and in a trunk, in the room, I found a file, with white metal in the teeth; and a piece of linen, with a lot of platter of Paris—I did not search the prisoner—he said he knew nothing about the things; and afterwards he said some man had left them there—he did not say who, at that time—asked who was the occupier of the room—he said, he was—I found part of a tobacco-pipe—there was nothing in it, and I broke it.
SAMUEL BANNISTER . I was in company with Goose—I have been in Court—I agree with the account he gives, as far as it goes—I went about five o'clock in the evening there, and found the room very dark, and the persons Goose has described in it—I went down stairs to get a candle, and when I returned, I found Goose with the mould in his hand—he said, in the prisoner's presence, that he had found it under the grate—I assisted Goose to search the room, and under the bed, near the fire-place, I found a pipkin, with white metal adhering to the side of it add the bottom: and a piece of white metal on the mantel piece—that was all I found—when the prisoner stated to Goose that a man left them there, I said it was curious he should place the mould under the fire-place, if a man had left them—he
replied, that the man who left them desired him to take great care of them—I saw Clifton take from the prisoner's pocket a sixpence; and I saw what dropped from the prisoner, which turned out to be two base sixpences and three shillings—Clifton took them up—I said, "Do you say the money was left by the man, as well as the mould? How came they in your pocket?"—he said, "I agreed to go out with the man in the evening."
Cross-examined by MR. DOANE. Q. Were you three policemen together when you first went to the door of his room? A. Yes—Goose knocked at the door, and it was opened by the prisoner or Goose—the prisoner was at the door in an instant—so time could have elapsed between the knocking and the opening for him to hide the things.
Q. Was the metal the kind of metal soldiers use to fasten their flints in the gun lock? A. I should say, they use a coarser sort of metal—the prisoner had not said he had put the mould in the fire-place, but it was found there.
WILLIAM CLIFTON . On the 16th of October, I accompanied the witnesses, and searched the prisoner—I found in the right hand pocket of his trowsers, two sixpences, and three shillings dropped from his person at the same time on the floor—I afterwards found a tin band in the room, and a piece of carpeting with some white metal on it in different places, and some plaster of Paris on it—the carpet was opposite the fire-place.
Cross-examined. Q. Are you quite sure it was plaster of Paris on the carpet? A. It appears to be so.
JOHN FIELD . I am inspector of counterfeit coin for His Majesty's Mint. This is a plaster of Paris mould, intended for casting shillings and sixpences—it has the impression of both on each, one part having the obverse and the other the reverse sides—it is a perfect mould, and I have every reason to believe it has been used—there are particles of metal in the channel of the mould, and discoloration from the heat of the metal—here are three shillings all counterfeit, and I have no doubt they were produced from the mould produced—the three sixpences are also counterfeit, and I believe were cast in this mould also—this tin band, I believe, has been used to form the plaster of Paris mould—it has that appearance—it confines the plaster of Paris in a fluid state—this iron spoon has white metal about it, similar to the coin—it appears to have been used to lade the metal into the mould—this file would be used to remove some of the surface of the metal—here are small particles of white metal on the carpet—I have not a doubt the things produced are used to counterfeit coin—she mould itself has been made with good coin.
Prisoner's Defence. The metal and things are used to cast leads for flints of my gun—the plaster of Paris was left by a man who was repairing my room previous to this—the file a great many soldiers have to brighten the swivel their sling goes through.
(Peter Ridley, sergeant in the Foot Guards, to which the prisoner belonged, deposed to his good character.)
GUILTY . Aged 24.— Transported for Seven Years.
Before Mr. Baron Bolland.
JAMES PORTCH . I am an ironmonger and general dealer, and live in George-street, Chelsea. On the 7th of November the prisoner came to my shop, and asked for a sheet of writing-paper—I gave him the paper—
he laid a shilling down on the counter, and, not having change, I sent my daughter out for it—during her absence he took a set of fire-irons off a chest of drawers, and asked me the price—I said 5s.6d.—he put them down—my daughter returned with the shilling, and said it was bad—he gave her sixpence out of his pocket, which I had given him as part of his change—she went again to get change for the sixpence—the prisoner seemed anxious for her to return, and went out, but did not return—I missed the fire-irons in about twenty minutes—I gave information to the policeman, who brought him back to my door with them.
JOHN RUSHWORTH . I am a policeman. On the 7th of November, between eight and nine o'clock in the evening, the prosecutor informed me of this—I made inquiry where I should be able to meet the prisoner—I met him with the fire-irons in his hand about nine o'clock—I said, "Halloo, what have you there?"—he said, "A set of fire-irons—I will sell them you, if you like, for 7s."—I said, "Seven shillings!"—he said sooner than have words about it, I should have them for 5s.—I took him back to the prosecutor's shop—he said he was the man.
(Property produced and sworn to.)
(The prisoner put in a written defence, stating that he had exchanged his watch with a man at a public-house at Chelsea for 15s.; and the fire-irons.)
GUILTY . Aged 27.— Transported for Seven Years.
Before Lord Chief Justice Denman.
104. CHARLES SHARP was indicted for stealing, on the 27th of October, 1 £5 Bank-note, the property of Henry William Woods, his master, in his dwelling-house; and GEORGE JOINER and THOMAS SHARP were indicted for feloniously receiving the same, well knowing it to have been stolen.
HENRY WILLIAM WOODS . I am a bookseller and stationer, and live in Old Cavendish-street. The prisoner, Charles Sharp, was in my employ as errand-boy for about eight weeks—I have seen his brother, Thomas, before I had given Charles notice to quit my service on the Saturday previous to Monday, the 27th of October—he was to quit on the Saturday following—on the morning of Tuesday, the 28th, the officer called and asked if I had been robbed—I said I had missed money at times—I looked into my cash-box and missed a £5 note—I gave the officer the number of it from my book—I went to Mr. Compton's afterwards—Sharp had asked leave to go home earlier than usual on the Monday night, as his father was going to buy him some clothes—I allowed him to go about eight o'clock—he had no access to my box—it was always inside a desk in the shop, which desk was always locked—I or my wife kept the key—(looking at a note)this is the note I missed.
JOHN COMPTON . I am a cheese-monger, and five in Wellbeck-street, Cavendish-square. The prisoner Joiner came to me on Monday, the 27th, between six and seven o'clock—he lives at Miss Spalding's, just opposite me, in Wigmore-street—he brought this note, and asked if I would give his ladies change for a £5 note, which I immediately did—the principal part in half-sovereigns, and some in half-crowns.
cut, near the Victoria Theatre—I afterwards saw a common prostitute join them—Thomas Sharp pulled a bag out of his bosom, and gave half-a-sovereign to Joiner, and put the bag back into his bosom—I saw him go into a cook-shop with the girl, and change a half-a-sovereign—I took them all three into custody, and asked what they had about them—Charles Sharp said they had only 3s.6d. among them—I found three half-sovereigns on Thomas Sharp—on Charles Sharp 6s. 6d., and on Joiner 4s.9d.—Joiner said he had something to say—the other two were taken away, and did not hear him—he said Charles Sharp had been having a good deal of money for some time, and on that day he had taken a £5 note, and that morning he had appointed to meet them in the evening, saying he knew where to get a fiver—that they accordingly met in the evening, and stayed till Charles came from his master's, and said, "I have got it"—that he then received it, and changed it at Compton's, a baker's shop—I went next morning to Mr. Woods, who had missed the £5 note—I found a watch on joiner, which he said he bought out of the money, and gave 18s. for it—I did net go to the place he described.
Charles Sharp's Defence. I am sorry to say I was led away by Edward Knight—I was advised to take master's cash-box by him—he is a cabman—he said if I would take it he would receive it from me.
Joiner's Defence. He advised me to do the same, and give it to him, and if I got it, we were all to go into, the country together—that he would put us into an Oxford waggon, and he would come to us in two or three days, and go about the country with us for two or three years.
Thomas Sharp's Defence. He advised me to do the same, and said if I got the box he would take us into the country—I would not promise to get it, and he advised my brother—I believe he was entirely led away by him—he was always riding him about in the cab, and wanted him to get it—on Monday morning he wanted him to get the cash-box—my brother said he did not like to take it—he was waiting for him in the afternoon, and asked if he had got it—my brother said, "No"—he said he would give him a ride to the Strand if he would promise to get the money when he came back—my brother, said he would try—my brother afterwards came to me, and said he had got it, and I gave it to Joiner.
CHARLES SHARP— GUILTY . Aged 13. Transported for Life.
JOINER— GUILTY . Aged 17.
THOMAS SHARP— GUILTY . Aged 16.
Transported for Fourteen Years.
First Jury, before Mr. Recorder.
GUILTY .— Confined Six Months.
(The prisoner received a good character.)
GUILTY .— Confined Six Months.
107. THOMAS SHEARS and THOMAS THOMAS were indicted for stealing on the 11th of November, 72 yards, of woollen cloth, value 25l.; and 3 yards of canvass, value 1s.; the goods of William Henry Gilbert, and others, Two other Counts stating it to belong to William Henry Gilbert, or William Sevill.
HENRY WRIGHT . I am in the employ of Mr. Holmes, of Fore-street. On the 11th of November, I was in Little Moorfields, a little after eleven o'clock in the morning—I saw the two prisoner, and another there, walking round a cart—the one not yet in custody, got up in the cart, and tried to remove a truss—it was too heavy for him, and he got down again—he got up three times, and the third time he got it out; and with the assistance of Thomas, it was put on Shears's shoulders—all three went down New Union-street—the carman game out, and I told him of it—he went down New Union-street—went by Thomas, and the others, and caught Shears at the bottom, with it on his shoulders—I was at Guildhall, at Shears's examination, and Thomas was brought in there—he was found in Guildhall-yard, waiting there; and I know him to be the person.
Cross-examined by MR. PHILIPS. Q. Did you ever see them before? A. Never; there were not many persons about—Shears was taken up in about ten minutes—I had not lost sight of him more than two minutes—it was not in the market-place, but in Moorfields, opposite the back ware-house of Mr. Battey—there might be ten or twenty persona in the street—I believe Shears had on the same coat as he has now—he had a brown coat and dark trowsers, and a black, hat or cap, I cannot say which—my attention was chiefly directed to the man who west three times to the cart—I thought he was doing wrong, but there was nobody I could give an alarm to, except people passing—the houses are re-building—I thought the carman would be out in a few minutes—I do not know that I was flurried—Mr. Battey's warehouse door was not open—I meant to tell the carman—the man was in and out the cart three times—I was watching him altogether about five or six minutes—Shears turned round to have the property put on his back—I did not fear what passed between them—it was a little after eleven o'clock in the morning—any body could see it done.
Cross-examined by MR. DOANE. Q. Are you quite sure Thomas is the man? Yes, I am certian—I went with the carman before the Grand Jury—I do not recollect his saying, "Mind what you say—you know we are not sure Thomas was one of them"—so one said to me, "Let us be careful"—nothing of the sort was said to me, nor did I hear it said to any body.
STEPHEN AUSTIN . I am in the employ of William Henry Gilbert, and his partners, of Blossoms'-inn-yard, Lawrence-lane. I had a cart in Little Moorfields—I was called by a boy and afterwards by Wright, and saw Shears carrying the bale now produced, which was consigned to Mr. Servil—it was under the care of Mr. Gilbert and others—the cart it was in belonged to them—I had it to deliver as their servant—it was directed to Mr. Sevill, 4, Coleman-street—I was to carry it there—Shears stopped through my calling after Thomas—Thomas and the other one west walking together behind Shears—when they saw me, Thomas coughed and waved his hand.
Cross-examined by MR. PHILLIPS. Q. He waved his hand to you to be off, I suppose? A. No, he did not—he was behind Shears—Shears dropped the truss on the ground—he had dropped it off his shoulder before Thomas, coughed—he did not see him wave his hand—I lifted the truss into the cart—Sheats stopped when I was close to him—he was walking fast with the truss—he dropped it—he stopped, because I caught hold of him—he did not attempt to run—Thomas was within twenty yards of him at the time—I asked Shears what business he had
to take the truss out of the cart—he said he did not take it—I told him I knew he did—he said he did not—I was told he had taken it out, by a little boy—he said a man took it out, and seeing him with it, I told him he had taken it.
Cross-examined by MR. DOANE. Q. Was the man who coughed and waved his hand taken into custody? A. No—Thomas was taken in the afternoon—I did not say that we were not sure Thomas was one of them, not at any time—I swear positively I did not say any thing of the kind—he was taken into custody between one and two o'clock.
WILLIAM SEVILL —I live at Gloucester. I was in London, and expected this truss, which contains three ends of broad cloth, from a manufacturer at Gloucester—it would come from the Blossoms Inn to me, if by that conveyance—I opened it at the warehouse—it was addressed to me, and corresponded with my invoice.
Cross-examined by MR. DOANE. Q. Did you apprehend Thomas? A. Yes, in Guildhall-yard, about half-past one o'clock—Shears was there, having been examined—Thomas was waiting outside, and being identified, he was secured.
Shears's Defence. I was looking for a situation; and at the corner of Union-street two men employed me as a porter to carry the parcel.
THOMAS DAVIS . I am a porter, and live at No. 12, Maze, Tooley-street. On the 11th of November, I was standing at the City end of Southwark-bridge, at near a quarter before ten o'clock, and saw Thomas—he called me over, and said, "Davis, have you any thing to do?"—I said, "No, except a job by-and-by"—he said, "Will you partake of a share of a pot of beer?"—we went down in a direction to London-bridge, by Billingsgate, to Tower-hill, and into the Minories, to the Woolpack public-house, kept by Jackson—we had a pot of beer there, drank that, and came back the same way as we went, as far as the King's Head, at the corner of Queen-street, Cheapside—we went in there at about twenty minutes after eleven o'clock, and stayed till about ten minutes after one o'clock, in company with four others—I am quite certain he was with me from ten o'clock in the morning till about one o'clock that day—I left him at the King's Head.
COURT. Q. What day of the week was it? A. Tuesday, the day after the Lord Mayor's-day—I had seen him about six months before—the other three persons in our company were John Murdock, he lives at No. 3, Friar's-alley, Upper Thames-street; Charles Palmer, who lives, I believe, at No. 81, Osman's-hill, Broadway, Westminster; and John Turner—I am an occasional porter, and always stand at the corner of the bridge, and there is a church clock handy, which I always hear strike—I went away with the prisoner, having nothing to do.
JOHN MURDOCK . I am a porter, and live at No. 3, Friar's-alley, Thames-street I recollect, on the 11th of November last, seeing the prisoner Thomas at the foot of Southwark-bridge, on the City side, about a quarter before ten o'clock—Thomas Davis and him went away together towards London-bridge—I saw them come back together at twenty-five minutes before eleven o'clock. (Thomas Davis. It was a quarter after eleven o'clock.) Witness. At a quarter after eleven o'clock I went with them to the King's Head, at the corner of Queen-street, and remained with them till five minutes after one o'clock.
COURT. Q. What day do you say this was? A. On the 11th; I recollect the day, because I was at work in Bow-lane—I am no business; I look for jobs, whatever I can get to do—I had not a job at that time—I saw them go away—I did not go with them—I joined them afterwards—Davis called me over—I never saw the prisoner before—we sat and had three pots of beer between us three at the King's Head, at the corner of Queen-street—I did not go to more than one public-house—I am speaking of Thomas—I did not know him before—I have seen him drive his van.
CHARLES PALMER . I am a labourer, and live at Westminster. On the 11th of this month, I was standing at Southwark-bridge, and saw the prisoner Thomas call Davis over to him, a little before ten o'clock—they went down towards London-bridge—I lost sight of them, and at twenty minutes after ten o'clock, I went to have refreshment at the King's Head—two witnesses who are here, were in the house, and Thomas and Davis came in together a few minutes after—I stayed there till twelve o'clock, and came out, leaving them there in company.
COURT. Q. Do you know Little Moorfields? A. No; I do not—I left the prisoner and Davis in the house—I recollect it was on the 11th, because it was the day after Lord Mayor's day—I was down at the bridge at the time—I stand there, looking for my living.
SAMUEL PARR . I am a labourer at the water-side, and live at No. 36, Gardner's-lane, York-street, Westminster. I generally stand at the City side of Southwark-bridge—I recollect seeing the prisoner Thomas, on the 11th of November, about twenty or twenty-five minutes before twelve o'clock.
Q. Before eleven? A. Past eleven, they were in the King's Head public-house, at the end of Queen-street, facing Southward-bridge—he and Davis came in together, after I was in there—I had gone is for half a pint of beer—I came out as the clock was striking twelve, and left the prisoner there with Davis.
COURT. Q. How soon did you hear the prisoner was in custody? A. The same evening—I believe it was on the 11th, the same evening as we were drinking together—I was in the public-house with him the same morning, as I heard in the evening that he was in confinement.
JURY. Q. Is Thomas Thomas a porter? A. I do not know—I only know him from seeing him that day—I never saw him before, to my knowledge—I am certain he is the man.
JOHN TURNER . I am a porter, and get my living by jobbing. I live in Tothill-court, Tothill-street, Westminster. I stand at the foot of South-wark-bridge—it is a place where porters stand—I only know the prisoner Thomas, by seeing him in the King's Head public-house, Queen-street—I went there on the 11th of November, at a quarter-past eleven o'clock, to get refreshment, as I am in the habit of going there to seek for work—the prisoner came in directly after—it might be five minutes or so after—I saw him come in, and David Thomas, I mean to say, Thomas Davis, was with him—I stayed there till about eleven o'clock, having my refreshment—I have to wait there sometimes—I am told to wait there—I came out about ten minutes past one o'clock—Thomas was gone before that—he might be gone five or six minutes before—not much longer than that—I went out soon after he went out—I had no acquaintance with him.
COURT. Q. Which is the proper name of the man, David Thomas, or Thomas Davis? A. Thomas Davis; I know his name—I was acquainted with him before—he is a porter—I never saw the prisoner Thomas before
that day—he was not a porter there—he went out, I dare say, about ten o'clock—I left at ten minutes after one o'clock—he had been in there from twenty minutes after eleven till about one o'clock, having a drop of beer with Thomas Davis—I did not join them—I was only facing them.
RICHARD HARDING re-examined. Thomas was taken into custody on the 11th—the magistrate came to Guildhall, about a quarter to one—Thomas was apprehended from half-past one to a quarter to two o'clock, in the yard—I do not know the distance from Moorfields to Southwark-bridge—I went out of the justice-room door with the butcher boy and carman, and directly the lad got into the yard, there were a great number of people there—I said, "Look round, and see if you see him"—he looked towards King-street, and said, "There he is—that is him, in that white coat and black whiskers"—when I took hint, he said, what did I take him for—he said afterwards, that he could bring forty people to prove where he had been the whole of that day.
HENRY WEIGHT re-examined. When I saw Thomas lift the truss out of the cart, he was dressed in a light coat, with large buttons on; knee breeches, (I think corded, it was a-light colour;) and ancle boots—not at all as he is at present—I was before the magistrate at Guildhall—the transaction happened a little after eleven o'clock—Thomas was brought in about half-past one or two o'clock—I have not a doubt of his being the man who helped the truss out of the cart—Little Moorfields is about three quarters of a mile from Southwark-bridge and Guildhall.
STEPHEN AUSTIN re-examined. I am positive Thomas is one of the men I saw walking behind Shears—he was dressed in a fustian shooting coat, with large horn buttons—I have not the least doubt of his being the person.
JURY to DAVIS. Q. Are you acquainted with Shears? A. I never saw him in my life—when I saw Thomas in Thames-street, he was driving a van for Mr. Edmonds, of Creed-lane—I have seen him four or five times within the last few months.
(David Weway, ribbon-trimming manufacturer, No. 28, Nichol-street;—Hills, wife of—Hills, plasterer, King William-street, London-bridge; gave the prisoner Shears a good character; and Charles Thomas, of Princes-street, Finsbury; and William Bishop, porter, Holiday-yard, gave the prisoner Thomas a good character.)
SHEARS— GUILTY . Aged 17.— Confined One Year.
THOMAS— GUILTY . Aged 26.— Transported for Seven Years.
HENRY STURGESS . I live in Devonshire-street, and am servant to Mr. Meredith, of Chapel-street, Edgeware-road, nearly opposite Mr. Gay's, the hatter. On Monday; afternoon, the 24th of November, I saw a person go and take a hat off the door, and give it to another, who stood by the painter's shop—he immediately went and took another, and gave it to the other man—one of the men ran down Bell-street, and I ran after that man—the other-man ran down Barl-street—I ran after the man down Bell-street, and George-street, which was the one who took the hat from the door—I lost sight of him in Stephen-street.
"Stop thief" and saw the prisoner running down Stafford-street, into James-street—I secured, and held him till the prosecutor came up.
AMBROSE CHANNER (police-constable S 137.) On the 24th of November, I met Sturges in Stephen-street—in consequence of what he said, I went down the street, returned, and saw the prisoner standing with a basket in his hand, a coat on his arm, and a hat in his hand—I asked what he had there—he said it was nothing to me, and, while I was examining the basket, he ran away up James-street, and was stopped by Smith on my calling, "Stop thief"—I found these two hats in the basket, which I took from him.
Prisoner's Defence. About half-past four o'clock, I was in a public-house having something to drink—I went down Union-street, into William-street, and down a court there—I met a young man in his shirt sleeves talking to a girl—the girl said a person was walking up and down the passage waiting for die young man—he took off his coat and hat, and asked me to hold the basket a few minutes—he put his coat on the basket—I held the coat in my hand, and asked another young man to hold the hat—a witness saw a man deliver the basket into my hand, and while I had it in my hand the policeman came and caught me with the things.
HENRY STURGESS re-examined. I did not see the prisoner at all before he was under the courtway—I only knew the two men I saw at the door by their clothes—the prisoner it not either of the men I saw at the shop—I did not see him at all there—I pursued one of them down Stephen-street, but I did not see him in the Edgeware-road—I saw the faces of the men who robbed the shop—I swear this prisoner was neither of the two; I told the magistrate so.
NOT GUILTY .
CHARLES SMITH . I am a shoemaker, and live in Chapel-street, Lisson-grove. On the 24th of November, between four and five o'clock, in the afternoon, I missed two pairs of shoes—I did not tee see prisoner.
AMBROSE CHANNER (police-constable S 137.) I stopped the prisoner in Stephen-street—he was standing still, not running—he had a basket, a coat on his arm, and a hat in his hand—while I was examining the basket the coat fell on the pavement—he ran away—I ran after him—he was secured—I found in the basket two hats and two pairs of shoes—he was about five minutes' walk from the prosecutor's—he said they were given to him to mind by a person—I saw nobody who could have given them to him—I saw nobody in shirt sleeves.
AMBROSE CHANNER re-examined. I stopped him first in Stephen-street—he then threw down the coat, and ran away—I took the basket—he said he should hook it, which I suppose means, run away—I ran after him calling "Stop thief," and Smith stopped him.
Prisoner's Defence. It was the young man's coat and hat I had on my
arm—I thought it no use to stop to be taken for another man's case—I understood the policeman was waiting for the man—he asked me to hold them, and took off his hat and coat, that he should not be known.
NOT GUILTY .
NEW COURT.—Thursday, November 27th.
Fourth Jury, before Mr. Common Sergeant.
110. MARY ANN DUNN was indicted for stealing, on the 16th of November, 11 silver spoons, value 3l.; 2 table-cloths, value 10s.; I shift, value 3s.; and 1 cloak, value 10s.; the goods of Kitty James, her mistress; and 2 shifts, value 7s., the goods of Jane Elizabeth James, to which she pleaded
GUILTY .— Confined One Year.
111. THOMAS JACKSON was indicted for stealing, on the 4th of November, 7 pinafores, value 3s.; 2 frocks, value 3s.; 1 pair of drawers, value 1s. 6d.; 3 night-gowns, value 3s.; 1 petticoat, value 2s.; 1 quilt, value 2s.; 3 shifts, value 3s; 6 caps, value 6s.; 1 napkin, value 6d.; 1 collar, value 4s.; 2 aprons, value 2s.; and 1 handkerchief, value 6d.; the goods of William Morley; and 1 gown, value 3s.; 2 caps, value 1s.; 1 shift, value 2s.; and 2 aprons, value 1s. 6d., the goods of Jane Garrett.
MR. PHILLIPS conducted the Prosecution.
GILBERT LIDDIARD . I am a manufacturing chemist, and live at Stepney. On the 4th of November, I was with my clerk in my garden—the barking of a dog attracted our attention—we went into the shrubbery, and saw a bundle of clothes—my clerk seized the prisoner about two yards from the bundle—I asked him how he came there, and whether he had stolen the clothes—he gave no reason for being there—I took hold of him, and he said, "Give me my waistcoat"—we took the bundle, and the waistcoat was near them.
FRANCIS DAVIS . I am clerk to Mr. Liddiard. I took hold of the prisoner—he was crawling away on all fours about two yards from the bundle—I found his waistcoat on the spot where I had taken the bundle, with some other clothes—it was about half-past seven o'clock.
Cross-examined by MR. CLARKSON. Q. Did you see any other boy? A. No—nor any pigeons.
GUILTY . Aged 18.— Confined Six Months.
112. THOMAS CAREY and WILLIAM BROOM were indicted for feloniously receiving, on the 11th of October, 2760 purses, value 90l.; 23 pairs of gloves, value 23s.; 201 pairs of cuffs, value 9l.; 48 pairs of braces, value 3l. 10s.; the goods of John Wheatly Liggins; and 3 yards of embroidered velvet, value 12s.; the goods of Thomas Bousfield, well knowing them to have been stolen against the Statute.
Cheapside. I left town on Saturday evening, at eleven o'clock, and returned on the Monday morning, as I had received information that my place had been robbed—on the Friday following, Roe and Vann, the officers, went with me to the prisoner Carey's place, No. 4, Turn again-lane—I went first to the room door, and tapped with my finger—the passage is rather dark—the door was slightly opened, and I could discover by a window behind me, that a female was peeping through—Roe went with me to the door—it was closed, and we burst it open—I found the two prisoners in the room and a female—and there was a bed on the floor—a large number of my purses and other things were found there—the appearance of the place indicated that the parties had been engaged in taking the papers off the purses, and throwing them into the fire—they had been done up in small bundles, and they had taken the papers off some of them and done them, up in large bundles—there was burnt paper in the fireplace—and in a tea-cup, in a shelf over the fire-place, were some pins similar to those which had pinned up the bundles of purses—these three yards of embroidery were there—they belong to one of my people—these braces were found there—I cannot swear to them; but I had some similar to them in boxes in my warehouse, and I lost a number of them corresponding with the number we found—but these purses I can distinctly swear to—Broom said, "What shall I do, Tom, I merely came here to set up a bedstead?"—and Carey said, "Had you have been here sooner, you would have found or seen the right parties."
Cross-examined by MR. PHILLIPS. Q. You accused a person of the name of Stocks of stealing these articles? A. I did not—I was out of town when he was accused—he was committed at Guildhall because he prevaricated—I went before the Grand Jury on a bill which was ignored—Stocks and Broom was committed as thieves, or on suspicion.
Cross-examined by MR. CLARKSON. Q. You have stated something that Carey said—have you stated the whole? A. I think I have—I do not recollect his saying that if we had been a few minutes sooner we should have been able to take the men who brought them there in his absence, and gave them to his wife—I will not swear he did not say so.
THOMAS BOUSFIELD . I am warehouseman to the prosecutor. I shut up his warehouse at a quarter past seven o'clock that night—the door has a spring lock to it—I did not try the door that night, as I generally do, and cannot positively say that it was fastened—the property was all safe then—I left Stocks there.
BENJAMIN HAYDEN . I live at No. 9, Waterloo-terrace, King's-road, Chelsea. I was at a coffee-house in Wood-street that evening, and Stocks came in and Westall with him—Stocks went out once or twice, but not for more than a minute or so—Stocks then asked me to go over the way to the French Horn with them, which I did—I then asked Stocks if he would let me sleep with him—he said yes—I took a light over in my hand, and it went out—the other young man then got a light, and we found that the warehouse was broken open.
—STOCKS. I went away from the warehouse at a quarter past seven o'clock, with Bousfield—I shut the door and went away—I returned a quarter before one o'clock—the street door was fastened as I had left it, but the warehouse door, which I went out at, was open—it appeared to have been broken open, and this property was gone.
Cross-examined by MR. PHILLIPS. Q. Are you the person who was accused of stealing the property? A. Yes; and Bousfield also.
WILLIAM HENMAN . I am an officer of Cripplegate. I was called by Stocks, and examined the premises—I found the desk broken open, the cash-box broken open, and some property missing—I know nothing of these prisoners.
JOHN ROE . I am an officer. I went to No. 4, Turnagain-lane, on the 17th of October, with a search-warrant, about one o'clock in the day—I observed a door open—I immediately went to it, and put my foot between the door and the post—there was a little resistance made, but we got into the place—when—we got in I saw the two prisoners and Carey's wife—these purses were on the table, and on a bed which was on the floor—Broom said, "Oh dear, what shall I do, Tom?—I merely came to put up your bedstead—what a mess I am in"—I think the prosecutor had before then said, "Here is my property"—the woman who was there stated before the magistrate that she was Carey's wife, and she was discharged—Carey said, if we had been an hour sooner, we should have had the right party—I had been watching the house for about four hours that day, and had observed three men go in and come out, and one of them I knew—he was Broom's father.
Cross-examined by MR. PHILLIPS. Q. I believe you know it was on suspicion of stealing that Broom was taken? A. Yes; he does not live in that house—I know he assisted Carey in removing the night before from Coppice-row, for I watched them.
Cross-examined by MR. CLARKSON. Q. You have stated a part of what Carey said—was his wife present? A. Not all the time—she was in the front room with me—I do not recollect that her husband remonstrated with her for having suffered these things to be brought in whilst he was away—she stated that the persons who brought them were a tall man and a short one, when I asked her who brought them.
GEORGE NICHOLLS . I let the three lower rooms in that house to Carey on the 16th of October—they had been empty about a month—his wife and a young man were with him—I cannot say who it was—I think the furniture came about four o'clock in the afternoon—I do not live on the premises.
COURT to JOHN ROE. Q. Did you see any tools there? A. I did not; there might have been some.
Cross-examined by MR. CLARKSON. Q. About what time in the morning was it you saw those persons go into the house? A. They came at different times, between ten and twelve.
Witnesses for Defence.
JOSEPH BAKEWELL . I live in Union-street, Bishopsgate, and am a plumber's labourer. I work for my brother, who is a master plumber in Portpool-lane—I know the prisoner Carey and his brother—on the morning of the 17th of October I was at the corner of King's-road, Gray'sinn-lane—I saw Carey and his brother about eleven o'clock, or it might be earlier—Carey said he wanted my brother to put some squares of glass into this house in Turnagain-lane, where he said he had taken a chandler's shop—we drank together, and I parted with him about a quarter past twelve o'clock.
COURT. Q. You say it was about eleven when you saw him? A. Yes, or a quarter before—we had a pot of porter between the three of us—
I do not know the sign of the public-house we had it at—it is at the corner of the Kings'-road—there were some men sitting there and the servant who brought in the beer—we left about twelve—we had nothing to eat—we sat on a stool by the side of the fire—I do not recollect on which side, but it was not in front—we came out together, and I left Carey at the corner, telling him my brother should be sure to be there by one o'clock—I went away by myself and those two went away together—I do not know how far.
MR. CLARKSON. Q. How far is Tnrnagain-lane from there? A. You might walk it in about ten minutes or a quarter of an hour—Carney and his brother were together when I met them, and Carey crossed over to me in King's-road.
RICHARD CAREY . I am brother of the prisoner. I am a shoemaker, and live at No. 9, Macclesfield-place, Pickford's Wharf; City-road—I was with my brother, on the morning of the 17th of October, in King's-road, Gray's-inn-lane—I had been with my brother about twenty minutes when we met this witness—I do not know his name—my brother and I had been to Back Hill—I had no watch, but it was past eleven when I left home; and about twenty minutes after I saw my brother we met this witness—we went to a public-house at the corner of the King's-road—I do not know the sign—there is a coach-stand opposite—we had a pot of porter, and stayed there a quarter of an hour or twenty minutes—when, we left, my brother and I went away separately—we all three parted together—the witness must have known that I went away, as I said I must go—my brother said something about some squares of glass, and he said he was going home—a person could walk from Turnagain-lane to that public-house in ten minutes—I cannot tell whether my brother had been at home that morning, before I net him on Back Hill—he said he was going on business.
COURT. Q. How long were you in the public-house? A. cannot say—I think a quarter of an hour was as much as it was, because I was anxious to get to Holborn—we had one pot of porter—we sat on a stool, or boards fixed to the boxes—we sat just round by the door; not in front of the fire.
COURT to JOHN ROE. Q. You have seen these goods; could a man have carried all those without your noticing them? A. I should say it was impossible even for three men to do it.
Carey's Defence. On the 16th of October, I took the shop, parlour, and kitchen there, for the express purpose of making a chandler's shop—it was not my intention to have gone in that afternoon, but I was obliged to leave my other lodging—I went home about ten at night, and went to bed—I had two bedsteads, and one of them was not put up—the shop was partly fitted up—I got up about nine in the morning, and called on Broom—I asked him if he could come and put up my bedstead, as he had helped me to move the day before from Coppice-row—he said "Yes"—I then went home and had my breakfast—I went out and met this plumber, and told him to tell his brother to come down at one o'clock—I then went home; and, as soon as I went in at the door, I exclaimed to my wife, "Good God, Elizabeth, what have you been doing?"—she said two men came in, and asked if they might sort some property which they had bought, as they lived a long way off—that she said, "No"—they said, "If your husband were at home he would consent"—she then agreed to it—I had some words with heir—I said, "You have got no dinner ready"—she
said, "How could I when these men have been here?"—Broom then came in, and I said to him, "Go, get some bread and cheese and beer;" which we were having when the officer came—there was no resistance, except the bedstead, which might have made some small obstruction to opening the door, as the prosecutor acknowledged—I said to them, "If you had been here an hour before, you would have had the right parties"—my wife stated that one was a tall man and one short—she said the same to the officer; and Broom told the same story before the magistrate.
COURT to MR. LIGGINS. Q. Did you state that the bed might have been some obstruction to opening the door? A. I think it might partly so.
(Ellis Henry West, a slater, Irongate wharf; Matthew Lewis, Portpool-lane, a shoemaker; John Minshull, Gray's-inn-lane, shoemaker; John Hicks, Gilbert-street, Grosvenor-square; Charles M'Carthy, of Essex-street, cab-proprietor; and William Brown, Portpool-lane, shoemaker, gave Carey a good character.)
CAREY— GUILTY — Transported for Fourteen Years.
BROOM— NOT GUILTY .
113. BENJAMIN ALEXANDER was indicted for feloniously receiving, on the 13th of September, 1 basket, value 2s.; 1 pair of trowsers, value 6s.; 2 pair of stockings, value 3s.; and 1 pair of drawers, value 2s.; the goods of Edward Fletcher, well knowing them to have been stolen.
SARAH GEDGE . I am servant to Mr. Edward Fletcher, of Ironmonger-lane. On the 13th of September, a man came there for a bundle of linen—I gave it him—it contained the articles stated in the indictment—these are part of them.
Cross-examined by MR. CLARKSON. Q. Were you here last sessions? A. No, I was at Queen-square two days, against William Carter, for stealing these things—he pleaded guilty.
JOHN ROE . I am an officer. On the 16th of September I went to the prisoner's house in Field-lane, which was empty, about four o'clock in the afternoon—the door was open—he keeps an old clothes shop—I found these trowsers and drawers on a shelf in the shop under some other things—I then went up stairs and found half of the lid of a basket, the rest was cut up—the half lid was spoken to as being part of the basket the things were in—I have been searching for the prisoner ever since.
Cross-examined. Q. Do you know that the prisoner went to Waller's to see if he had any charge against him—that he said, "No," but he believed you had, and the prisoner went to Guildhall to see for you, and you were out of town? A. Yes, I was out of town eight days.
Cross-examined. Q. Did you wait for the prisoner coming home? No, he came to me on the 15th of this month, and said he was willing to go before any magistrate, if there was any charge against him.
NOT GUILTY .
ANN WALLIS . I am servant to Ann Maria Flndgate, No. 6, Queensquare, West. On the 15th of September, William Carter came to me for a box of linen, for Mrs. Colson, our laundress—I gave him the property.
NOT GUILTY .
MESSRS. CLARKSON and ROWE conducted the Prosecution.
LEWIS RATTON . I am a solicitor in Liverpool-street. The prisoner was in my service about seven months—it was his duty to draw up declarations, and act as a confidential clerk—and it was his duty to receive monies for me—I left London about the 30th of August, and gave him instructions to get in all monies that were due for warrants of attorney and cognovits; and when it amounted to 12l. or 20l., to pay it into my banker's—but I afterwards wrote him a letter from Ashby-de-la-Zouch, to pay in all monies to my banker; on leaving town I gave him instructions in a case of "Ratton against Bryan"—he was to take 25l. down, and another person's acceptance for the balance; instead of which, he took 20l., contrary to my strict injunction, and an acceptance for the balance—there was an action of "Davis and Newsky," in which a warrant of attorney had been given, and there was 3l. due on it—I have never received that 3l.—I returned on the 24th or 25th of September—I met the prisoner in Bishopsgate-street—he said, "I am very ill, I have been attacked with choleramorbus, but I will not be longer than a quarter of an hour"—I did not see him for three weeks afterwards—I remember being referred to by the prisoner respecting his lodging in Acorn-street.
Prisoner. Q. Did you give any direction to me to write to you? A. Yes; how business was going on—I did not tell you not to write unless business required my return—when I met you, you appeared poorly—I found you had been at the office—my business had been attended to while I was away, but in a very improper manner—I never allowed you to exercise your judgment in the settlements of actions—I have asked your opinion; in the case of myself against Brills, I found 18l. had been paid in, which was the whole, except the sheriff's fees.
CHARLES POUND . I called at Mr. Ration's office in September last, respecting an action of "Ratton and Bryan"—I saw the prisoner, and gave him 20l.—he said Mr. Ratton desired him to take 25l., and a bill for the balance—I said it was inconvenient to pay 25l.—I would give him 20l., and a bill for the balance, which he took.
JOHN SAUNDERS BOWDEN . I am a solicitor, and was employed in an action of "Davis and Newsky." There was a cognovit given in that action, and in September last there was 3l. due—the prisoner called, and I gave him a cheque for that—this is the cheque which has been returned from my banker's.
MR. RATTON. I never received this 3l., nor has the bill been paid into my banker's.
Prisoner. The bill could not be paid in—the acceptor is willing, and he has said so, to give Mr. Ratton another bill, as I stated that one was lost.
MR. RATTON. This letter is my handwriting, and this is the prisoner's.
Prisoner. Q. Have I not been absent from your office several days, having in my possession your monies, and have returned and accounted for
them? A. On one occasion, when you got tipsy, and was locked up; I forgave you for the money you had embezzled then, and allowed you to make a debt of it. (Letters read.)
"Ashby de la Zouch, September 4, 1834."
"Sir,—I shall not be able to return before the beginning of the week; you will, therefore, inform all persons coming to my office thereof; I shall be in town on Tuesday morning; in the mean time, I trust nothing will occur that will require my personal attendance, otherwise you must endeavour to defer the same until my return. You will get in all the instalments that are due, and should you receive any money, pay the same into my banker's, and keep a correct account of the monies paid in; keep the books regularly entered up daily, of every thing that transpires during my absence.
Yours, &c, Lewis Ratton."
"8th October, 1834.
"Sir,—Whilst I deeply lament the circumstances attending my absence from the duties of my station, I trust the day is not far distant when the reparation due to you will be made; indeed I can no longer bear the agony of this suspense, and unless you shall be satisfied by the payment of whatever may be the balance appearing due from me, on or before Saturday next, till which day I trust you will suspend any inquiry through the officers you have seen prudent to employ. I will on Monday morning personally wait upon you, and after entering into the fullest explanation, which I now much regret I had not done earlier, leave myself in your hands."
GUILTY of Embezzling the 3l.
CHARLES SINCLAIR . I am in the employ of Mrs. Glover. I received from her, on the 10th of September, two sovereigns, to pay a cognovit at Mr. Ratton's. I went to his office in Liverpool-street—I went there, and saw the prisoner—I gave him the two sovereigns, for which he gave me a written acknowledgment—I went there again on the 15th of September, and paid one sovereign to Canton, for which I also received an acknowledgment—I gave them to Mrs. Glover.
Prisoner. Q. When you came on the 11th of September, did I seem anxious to get the money? Witness. No, I took a note, and you said it did not signify whether it was a week or ten days, as Mr. Ratton was out of town.
WILLIAM HOLMES . I am clerk to Mr. Headland, a solicitor. On the 19th of September, I went to Mr. Ratton's office—I paid the prisoner 3l. 10s. 6d.—I gave him a 5l. note—he went out to get change, and gave it me.
Prisoner. Q. Do not you know that it had been due some time, and that Mr. Headland had made excuses for the non-payment of it? Witness. Not that I know of.
Prisoner's Defence. I had no intention of appropriating these sums to my own use, and I gave them their own time to pay the money.
GUILTY . Transported for Seven Years.
MR. ELLIS conducted the prosecution.
WILLIAM KING . I live at Messrs. Hodge and Nunn's, Regent-street. On the 13th of November the prisoner came between seven and eight o'clock for two skeins of silk—I served him—he offered me a shilling—I saw it was a bad one—he said he did not know it; that he got it of a pork-butcher, in Clare-market—the officer was sent for—he had the shilling before it was out of my sight.
JAMES KENNERLEY (police-constable C 30.) I took the prisoner—had seen him, and suspected him—I saw him go into Mr. Ellis's shop—he came out—I went in, and made some inquires—I came out, and saw the prisoner go into the shop where the last witness was—I went in and asked what he had bought, and they gave me this shilling—I took the prisoner; and the next morning I searched him more closely, and found these two counterfeit shillings in the lining of his jacket—he was taken to Marlborough-street, but discharged.
Prisoner. I had only the one shilling—I did not know it was bad—I had none in the lining of my jacket—he dropped them from his hand behind me. Witness. They were in the back of his jacket, with some paper—there was a hole in his pocket, which went quite round.
WILLIAM BURRELL . I live at the Grey-coat Boy, in Peter-street, Westminster. On the 21st of November, the prisoner came and called for half a pint of porter—I served him, and he offered a bad sixpence—I told him of it—he went out of the house with it directly, leaving his beer—I followed, and told the policeman, who took him, and found the sixpence in his mouth.
WILLIAM JENNINGS (police-constable R 25.) I took the prisoner, and asked him if he had a bad sixpence—he said no, he had nothing at all—I found this sixpence in his mouth—he attempted to bite my finger, but I got it.
Prisoner's Defence. I knew nothing about its being bad—I pawned my handkerchief in Tottenham Court-road for 9d., and they gave me this sixpence and 3d.
GUILTY . Aged 18.— Confined Six Months.
MR. ELLIS conducted the prosecution.
SARAH FASSNIDGE . I am the wife of Joseph Fassnidge, of Weston-street, Somer's-town. I keep a fruit shop, and sell bread. On the 9th of October, the prisoner came about half-past five in the evening for a half quartern loaf—he gave me 1s. and I gave him 9d. change—I pot the 1s. into the till, where there was only two half-crowns and some copper—I remained all the evening in the shop, and nothing was put into the till but some copper—the next morning I found the shilling was bad—I showed it to my husband, and he said, "Nail it to the counter"—I said, "Not so; I will put it at the back of the till for a bit"—the next day the prisoner came again about the same hour, for a quartern loaf—he offered me half-a-crown—I said, "It is a bad one, and you are the young man who brought the bad shilling last night"—he took the half-crown, and went
out—I followed him, but I could not find any one to take him, and I returned—I gave the shilling to the officer afterwards, and he marked it.
Prisoner. Q. How many people come to your shop in a day? Witness. A good many; but I noticed you, as you were the only stranger who came to my shop that day—you were not in the shop above three or four minutes—I am sure you are the person; you came twice—I put the shilling with the two half-crowns.
ELIZABETH HABBERFIELD . I am the daughter of Thomas Habberfield. He is a tobacconist, in Somer's-place west, St. Pancras—on a Friday evening, I think the 17th of November, about eleven o'clock, the prisoner came for a quarter of an ounce of tobacco—he paid me a penny farthing for it—he then asked for a "Dispatch," and laid half-a crown down—I had not change, and I told my brother to go and get change—he went to Mr. Parry's, who sent for the prisoner, and he went.
DANIEL PARRY . This witness brought the half-crown to me. I said I believed it to be bad, and sent him for the prisoner—he came, and I think I asked him if he had got any more of the same sort—he said "No"—I put the half-crown on the shelf—the officer was sent for.
WILLIAM PHILLIP (police-constable S 90.) I took the prisoner at Mr. Parry's, the Rising Sun. Mr. Parry gave me the half-crown from the shelf—I asked the prisoner where he got it—he said what was that to me; that he had taken it, and I had no business to be so inquisitive—when I was going to search him, he said he was too good a judge to have two pieces.
Prisoner's Defence. I took the half-crown of a man for a 3d. almanack, and gave him 2s. 3d. change—I then went for the "Twopenny Dispatch," and offered the half-crown—this woman said when she was brought that I had been there eight or nine days before, but the officer told her to say the day.
SARAH FASSNIDGE . The officer came to me, and said, "I think I have got the man, from your description"—I went, and knew him directly—the officer did not tell me to say I put the shilling with the two half-crowns.
GUILTY . Aged 19.— Cdnfined Six Months.
MR. ELLIS conducted the Prosecution.
DAVID ALEXANDER BOWMAN . I am an oil and colourman, and live in Tottenham-court-road. On the 24th of October the prisoner came in the evening for a quarter of a pound of soap—she offered me a sixpence—I said it was bad—she ran out of the shop—my boy brought her back—I gave her and the sixpence to the officer.
Prisoners Defence. I did not know they were bad—when the gentleman said it was bad, I said, "I will give you another"—it is very unlikely
that I should take a bad sixpence to the station—I took them in change for a half-crown on board a steam-packet.
GUILTY . Aged 64.— Confined One Year.
ELIZA KENT . I am sister to William Kent. He keeps the Blue Lion, on Holborn-hill—On the 24th of October, the prisoner came for half-a-pint of ale—it came to three-farthings—he gave me a shilling—I gave it to my brother—it fell on the floor, but it was not out of my sight—I am sure he is the man.
WILLIAM KENT . I saw the prisoner at our house—I am certain he is the person—I got the shilling from my sister—I said to the prisoner, "Is this your shilling?"—he said, "Yes"—I said, "What do you want with it?"—he said, "Half a pint of beer and a pipe of tobacco"—I said, "You won't have it"—he said, "Why?"—! said the shilling was bad, and he knew it—he said, "Give it me back"—I said I would not, and he went away.
Prisoner. I never was in his house in my life.
WILLIAM GRINDALL . The prisoner and a female came into my house on the evening of the 24th of October, and had a quartern of gin—the female offered a bad shilling—they had both been there about half an, hour before—I said the shilling was bad, and they were taken into custody—the prisoner was searched in my presence, and two bad shillings were found on him.
GEORGE CRAWLEY (police-constable C 61.) I took the prisoner—I thought he put his hand down to throw something away—these two bad shillings were found by Kent in his left hand pocket—he had 3 1/2 d. in copper on him.
Prisoner's Defence. I was coming home close by Smithfield pens, and saw a piece of paper—I took it up, and found these shillings in it—I met a female, who asked me to treat her with a drop of gin—I did so—she said, "You have been very kind to treat me, and I will treat you"—the took me back and treated me—she gave a shilling—the woman said it was bad, and she said it was very strange to come in twice so soon—I said, "Let me look at the shilling"—they would not—three policemen were drinking in the parlour, and the man called Mr. Crawley, who came out, and a parcel more crawlers.
GUILTY . Aged 20.— Confined Six Months.
NOT GUILTY .
HENRY HUMPHREYS . I live in South-street, Spitalfields. On the 17th of October, about eight o'clock in the evening, I was in Whitechapel—some one tapped me on the shoulder, and then I missed my handkerchief from my pocket—I had it safe ten minutes before—it has not been found—I followed the prisoner, who was said to have taken it, to Petticoat-lane—I could not find any officer, and left him there—he saw me following him, and said, if I came any further he would rob me of something else—
I had accused him of taking my handkerchief, and he denied it—he had a companion with him, and I concluded he had passed it to him.
WALTER WILSON . I live with my father, No. 2, Duke-street. He is a boot and shoemaker. I was in Whitechapel that evening—I saw the prosecutor walking with another gentleman, and the prisoner took a handkerchief out of his coat pocket—I told the prosecutor of it—the prisoner gave the handkerchief to another young man, and he went off—I am quite sure the prisoner took it.
Prisoner. Being placed in this perilous situation, I beg to leave my case to your merciful and humane consideration.
GUILTY . Aged 20.— Transported for Fourteen Years.
HENRY SOLOMON . I live in Paternoster-row, Spitalfields. On the 18th of September, about half-past one o'clock, I was in Bishopsgate-street—I had two hats in my hand—the prisoners came to me—Davey asked me the price of a hat—I told him, "Half a crown"—he took one hat out of my hand, and gave his own hat to Goode—they both ran off, and Davey went into a pawnbroker's with my hat on his head—I wanted to go in to prevent his pawning it, but Goode pulled me back—I said, "It will be worse for you if you hinder me"—he pulled me back again—I called out, and the young man came out to see what was the matter—Davey then came out with the duplicate in his hand—I ran after them—they ran into a court, and the officer took them.
Cross-examined by MR. PAYNE. Q. What became of, the prisoner's own hat? A. He gave it to the other prisoner—there were plenty of people about—I did not notice that they were in liquor—I did not give him the hat to look at; he did not give me time—he pulled it from me, and tore it behind in pulling it—he did not afterwards offer to pay me for it—the pawnbroker's was six or seven doors from where he spoke to me—the whole was over in three or four minutes.
JAMES SMITH . I am an apprentice to Mr. Thompson, a pawnbroker, in Crown-street. Davey came in with the hat—he asked 1s. 6d. on it—I lent him 1s.—I saw a crowd round the door—I went out, and saw Davey take a hat from Goode—Davey went out of our house without a hat—that did not excite my suspicion—I had often seen such things done.
Cross-examined. Q. This must have been a shocking bad hat, for you to lend but 1s. on it? A. It was a fair price.
ALEXANDER SCOTT (police-constable, G 221.) I followed the prisoners into a court, and took them—I saw Davey had one of his fists clenched—I said, "What have you there?"—he said, "Nothing at all"—I took his hand, and found the duplicate and the shilling—he said he had done wrong, and he would give himself up—they might have been drinking, but were capable of knowing what they were about.
Cross-examined. Q. But were they not merry? A. No; they were not elevated the least in the world.
Davey's Defence. I asked him the price of the hat—he said half-a-crown—I said, "Let me look at it"—he gave it into my hand—I gave him my old one—I then put the hat on my head, and took it off again, looked at it, and said, "I will give you 2s. for it"—he said where is your
money—I went into the pawnbroker's to get what I could to pay him, and being in liquor I went away—Goode give me my hat again.
Goode's Defence. The prosecutor gave me the hat back, and said he would go in for his hat—I said, "My good man he will pay you, or I will"—he said" Give me my 2s.?"—I undid my apron to him it him—Davey came out and went down the street, and we went after him.
NOT GUILTY .
Prisoner. Q. Did not I explain to you where the rest of the property was? A. She said she gave a man named Mayhew six books—I went after them, but could not find them.
Prisoner. He is the person who received the property of me—he seduced me to take them, and pawn them.
GUILTY . Aged 23.— Confined Three Months.
Fifth Jury, before Mr. Sergeant Arabin.
GEORGE FOX . I keep the Carpenters' Arms, at Westminster—the prisoner had been in my service four months as pot-boy—he was accustomed to receive monies for me, and it was his duty to account for the same day.
ELLEN CONOLLY . I am in the prosecutor's service—the prisoner told me he had been booking money to some of the customers, that he had no business to do so, and he should go, or else Mr. Fox would put him in prison.
GEORGE SPOTTISWOOD PECK . I am a policeman. I took the prisoner on the 20th of October—he said be supposed it was about Mr. Fox's business—that he was sorry for what he had done, and if Mr. Fox would allow him, he would pay him as he could.
(The prisoner put in a written defence, stating that he had become embarrassed in consequence of his master making him responsible for beer delivered to out-door customers to whom he gave credit.)
GUILTY . Aged 33.— Confined Six Months.
126. SAMUEL COHEN was indicted for stealing, on the 20th of November, 10 yards of printed cotton, value 14s.; 3 yards of calico, value 1s. 6d.; 1 apron, value 6d.; and 2 handkerchiefs, value 5s. 6d.; the goods of John Fincher Petts, from the person of Ruth Petts.
RUTH PETTS . I am the wife of John Fincher Petts. I was walking with ray niece in High-street, Whitechapel, about half-past nine or a quarter before ten o'clock in the evening, on the 20th of November—I had a bundle containing the articles stated—the prisoner came behind me, and snatched it from my arm—he ran down Essex-street—I and my niece pursued—I never lost sight of him till he was taken by the officer—he dropped the parcel just before the officer took him.
Prisoner's Defence. I was walking up Essex-street, some person cried, "Stop thief!" and the officer took me.
GUILTY . Aged 18.— Transported for Fourteen Years.
JAMES CHAMPION . I am pawnbroker, and live in Bethnal-green-road—the prisoner came to our shop on the 11th of November—she brought two silver tea-spoons, and asked me 1s. 6d. on them—I told her to go home and send her mother—she returned in a few minutes, and said her mother would take 1s. on them—I said I would go with her to her mother, who, she said, lived at No. 9, Hope-town—as we were going, she ran from me—I secured her, and gave her to Mr. Ashford—I then went to the place she described, but could find no such person—she gave another direction—she then said she came out of the country, and did not know where she lived.
MARY ANN ROGERS . I live in Wilmott-street, Bethnal-green. I had the prisoner in my house that day to do a little needlework—I went out, telling her to mind my little boy—when I came back she was gone, and I missed the spoons—these are mine.
(Ann Needham gave the prisoner a good character.)
GUILTY. Aged 13.—Recommended to mercy by the Jury and Prosecutrix .
Confined Four Days.
HESTER ANN CUTHBERT . I am the wife of Edward Cuthbert—we live in Turville-street, Bethnal-green. On Monday, the 10th of November, I sent my little girl to the baker's shop at the corner of the street, for a four pound loaf—I gave her half-a-crown, which was wrapped in sugar paper—her name is the same as mine—a boy knocked at my door, and said that a boy had taken it out of her hand—I ran down the court, but
could see no boy—the prisoner was afterwards brought to the door—I asked him if he had taken the money—he said, No, upon his soul he had not; but if his mother had got as much money she would give it me, if I would go home with him—my child lost two shillings and a farthing—the loaf came to 5 3/4 d—she is four years and a half old.
JAMES MOSS . I remember seeing the little girl coming up Turville-street—the prisoner took something out of her hand, but I do not know what it was—it was in a paper—I ran to her, and asked what the boy had taken—she said, "Two shillings and a farthing"—I heard the prisoner say to her, "Wait there till I come back I will not be a minute"—he ran up a court—I went and told the lady.
EDWARD CUTHBERT . I saw the prisoner when be was brought to my house—I asked if he had got the money—he said, "No"—I took him to the station-house—in going along, he said he had bought a cap for 1s.6d., and given 6d. to his little brother.
WILLIAM BEDFORD . I am a policeman. The prisoner was brought to the station-house between six and seven o'clock on that evening—he said he took the 2s., and gave 1s. 6d. for a cap, and 6d. to his little brother—I went to his father's, and found the cap—this is it.
Prisoner's Defence. I did not take it from her hand at all.
GUILTY . Aged 10.— Transported for Seven Years.
JAMES CROSBY . I live in Winkworth-buildings, Kingsland-road. On the 13th of November a person gave me information—I missed a fender—I ran down the road, and saw a lad looking back—I ran past him, and saw the prisoner with the fender—I took him—he said, "For God's sake let me go, a lad asked me to carry it."
Prisoner's Defence. A lad asked me to parry it, and said he would give me a halfpenny.
NOT GUILTY .
130. WILLIAM LANGLEY was indicted for stealing, on the 29th of October, 3 shirts, value 10s.; 3 handkerchiefs, value 7s.; 2 collars, value 1s.; 2 stockings, value 1s.; and 1 nightcap, value 3s.; the goods of Robert Atkinson Bradley, his master.
MARTHA BRADLEY . I live with my father; his name is Robert Atkinson Bradley. My mother takes in washing—on the 29th of October I delivered to the prisoner the articles stated, to take to Mrs. Moore, No. 1, Clifton-street—he had been our errand boy for two days.
CAROLINE SIMMONS . I received this duplicate from my son—I could not read it—I showed it to my husband—he told me to take it to the pawnbrokers, which I did, but they were shut up—my husband told me to take it in the morning, but before that I saw the prisoner and gave it him.
(Property produced and sworn to.)
(Thomas Edwards, a cabinet-maker, gave the prisoner a good character.)
GUILTY . Aged 17.— Confined Six Months.
131. CHARLES PRICE and WILLIAM SHAW were indicted for stealing, on the 12th of November, 1 saw, value 6s.; 1 augur, value 1s.; 1 chisel, value 6d.; I bevil, value 1s. 6d.; the goods of Thomas Dawborn; 1 saw, value 4s.; 2 mallets, value 2s.; 1 plane, value 1s.; and 1 file, value 3d.; the goods of John Allen; and 1 hammer, value 6d.; 1 saw, value 5s.; the goods of Thomas Morton; and 2 files, value 3d.; 1 chisel, value 6d.; and 2 slips, value 3d.; the goods of Ellis Reid.
THOMAS DAWBORN . I am a carpenter. I lost my property from a building at the corner of Drury-lane and Long-acre on the 12th of November—I left them safe in the building when we went home at five o'clock, and in the morning I missed them.
JOSEPH CLEMENTS . I am a policeman. I was in Church-street, St. Giles's—I saw Price with a sack between eleven and twelve o'clock on the night of the 12th of November—I asked what he had got—he said, "A few old rubbishing carpenters' tools"—I took the sack, and found some of these tools—I then went to two pawnbrokers, who gave me some more tools—when I was taking him into Mr. Wells's shop, he said, "Is that what you want me for?"
WILLIAM GALILEE SAVILLE . I am shopman to Mr. Wells, a pawn-broker in Drury-lane. I produce two saws—one pawned by Price on the evening of the 12th of November; and the other was brought by Shaw, but I detained it.
Price. Q. Can you swear I pawned it? A. To the best of my belief you did.
Price's Defence. I was at work till nine that evening—a young man told me that his brother had got him a job to do, and had left him these tools to do it—I was carrying them, and was stopped.
WILLIAM SULLIVAN . I live at No. 3, New-court, Great Wild-street, Lincoln's-inn-Fields. On Wednesday, the 12th of November, Price was at work with me at No. 24, Parker-street, Drury-lane, at file-cutting—I dare say it was near nine o'clock when he left—I work there as journey. man to Mr. Godfrey—the building from which these tools was taken is not more than two hundred yards off.
GEORGE RICHMOND . I was at work with him till a quarter past eight o'clock, on the night of the 12th of November—I then left him there—we work piece-work, and sometimes till eleven or twelve o'clock at night.
Price had his tea there, and never went out from dinner time till a quarter before nine o'clock—the boy fetched him some victuals in—he did not go out.
PRICE— GUILTY . Aged 17.— Transported for Seven Years.
SHAW— NOT GUILTY .
BENJAMIN FAIRFAX . I am a watchman at St. Katherine's Dock. On the 7th of November, I was on duty at the letter E warehouse—the prisoner came running along with a catalogue and a pen in his hand—one of our labourers was running after him, crying, "Stop thief"—I ran and took the prisoner a few yards out of the gate—I found in his pockets and hat about four pounds of coffee—I went to the warehouse, letter F—I saw a bag of coffee that had been opened, and that found on the prisoner corresponded with it, in all respects.
JOHN PHILLIPS . I am a labourer belonging to the F warehouse. Mr. McLean gave me instructions to conceal myself, and about ten minutes after twelve o'clock that day, I saw the prisoner come up—he went three times to the bag—the second time he had his head down, and seemed to be putting something into his hat, and the third time he put something into his pockets—he went down—I pursued, and cried, "Stop thief"—the watchman tock him, and asked what he had got—he said, "A little coffee"—this coffee was found in his hat and in his pocket.
Cross-examined by MR. PHILLIPS. Q. Does not the Company consist of a great many persons? A. No doubt of it.
JOSEPH MCLEAN . I am warehouse-keeper at letter F. On the 7th of November I was passing the warehouse, and saw a bag had been cut open—I was determined to detect the plunderer, and set the witness to watch—I have the Company's Act of Parliament here.
Henry Lewis Salt, a merchant; Samuel Garland, a clerk in the Bank; and Richard Ireland gave the prisoner a good character.
GUILTY. Aged 20.—Recommended to mercy by the Jury. — Confined Nine Months.
JOHN NICHOLLS . I live in Ironmonger-street, St. Luke's. On the 17th of June, the prisoner, who was a stranger to me, came and said he was recommended to me by Mr. Raphael, my landlord, who understood I had some jobs to do—the prisoner said he was a tailor, that his name was Thomas, and he lived in Cloth-fair—I asked if he was a housekeeper—he said he was, and had been for years—I showed him my coat, and told him the alteration I wanted at the collar, and he said he would do it for 5s. or 7s.—I laid the coat across a chair, while I went to Mr. Raphael's to inquire about the prisoner—Mr. Raphael was not at home—when I returned, the prisoner and my coat were gone—I afterwards heard that the prisoner was seen wearing my coat at Knightsbridge—I went there, but could
not find him—he was afterwards taken by the police, and was discharged—I found him in the Borough, and gave him into custody—I have not seen my coat since.
Prisoner. The prosecutor told me a week before to come there, and he would give me a coat to do—I went, and he produced the coat, and asked what I would charge for putting on new cuffs and a velvet collar—I told him, about 5s.—he put the coat down, and went down stairs—he then returned—I took the coat in my handkerchief, and told him I lodged at the George the Fourth, in New-street, the name of Thomas—I said I would bring the coat back the next evening, if I could—I was going home, and was robbed of it that night.
GUILTY . Aged 50.— Confined Six Months.
ELLEN CARR . I am an unfortunate girl—on the 28th of October, a gentleman charged me with robbing him of his watch and seals—he gave me to an officer—I was taken to Bunhill-row station—the watch was not found—there was no truth in that charge—I had not seen his watch—I was detained all night at the station—I was searched by Mrs. Ryan—she found on me two half-crowns, one shilling, and two sixpences, and they were returned to me by the inspector—I tied them in my handkerchief, which I had in my hand when I was taken to the lock-up place—I had been crying very much, and I fell asleep—I cannot say whether I put my handkerchief in my bosom, or on the bench—the prisoner was locked up in the same cell—I awoke early in the morning—when the officer came to the lock-up place, I told him I was very thirsty, would he get me a pint of beer—lie said a cup of tea or coffee would do me more good—I said I could not drink it—the prisoner then said I could have a drop of water—the officer brought some, and I drank it—I then sat down, and missed my handkerchief and money—I asked the prisoner if she had seen it, she said she had not—I called the officer, and told him—the prisoner was taken and searched—the said she had but one pocket, and had no money.
MARY RYAN . I searched the prosecutrix, who was brought on a charge of felony—I found on her two half-crowns, one shilling, and two sixpences—the inspector gave them to her again—the next morning I searched the prisoner, and found on her one half-crown, one shilling, and one sixpence, in a pocket which she wore across her breast.
RICHARD BURLEY . I am a police constable. I was at the station—the prosecutrix called me, and said she had lost her money—I got the inspector, and we looked round the cell, but could not find it—we took the two women into the station—I was going to search the prisoner, she said, "I will pull my pocket out," and she gave me one pocket, in which I found one half-crown, and one sixpence—she said she had no more pockets, but Mrs. Ryan found the rest of the money on her—I then went to the cell, and found the prosecutrix's handkerchief, in which the money had been, tucked close behind the seat of the water-closet.
Prisoner's Defence. She had been on the side of the cell where the handkerchief was found—a mob had annoyed me that evening, and, when I complained of it, the officer took me to the station.
GUILTY . Aged 35. Transported for Seven Years.
ELIZABETH NEALE . I have lived with John Boyce for twelve months. On the 18th of October, he and I were at the Bull, in Kingsland Road—the prisoner came in—I had not known her before, but Boyce had—she said to him, "Jack, I wish you would give me half a pint of beer, for I am in distress, and I have just been to the pump to get some water"—he said, "Half a pint is not much," and gave her a pint—I then asked her to go home to our lodging in Spitalfields, and have some refreshment—she went with us, and I took in a pot of beer for supper—Boyce and I laid down on the bed about one o'clock, leaving her in the room—he gave her his tobacco-box to take some, as she smoked—I had 5s. or 6s. in my hand when I laid down—I awoke about three o'clock—the prisoner was then gone, and I missed the money and my shawl which had been on the back of a chair—it was on Saturday night she went home with us, and on Monday we gave information, and she was taken with my shawl on her.
JOHN BOYCE . I live with this witness. I have known the prisoner upwards of three years—she lived with a young man whom I knew—she came to the public-house, and said she was in distress—I gave her some beer, and she went home with us—Neale had 5s. or 6s. of mine in her hand—I gave the prisoner my box to take some tobacco, but not to keep—when we awoke, the box, money, and shawl, and the prisoner were gone.
GUILTY . Aged 24.— Transported for Seven Years.
PETER BULLOCK . I am a labourer to Mr. Sherman, at the Bull and Mouth Inn. On the 18th of November, I was going home about half-past two o'clock—I am married, but my wife does not live in London—the prisoner spoke to me while I was knocking at my door—she asked if I would go with her—she rushed up to me, and undid my breeches, and at the same time picked my breeches pocket of 3s.—I had two half-crowns and 3s. in this pocket—she took the 3s. and went away—I followed her two or three yards down the court I live in—I took her by the arm, brought her back, and gave her to the officer—I know my money was all safe when I came out of the Bull and Mouth yard—I had not stopped any where, and no one but her could have taken my money.
Prisoner's Defence. I told the officer it was my own money, and I took it out of my pocket, when he accused me of stealing it—I had been to my husband's club to have him superannuated—as I was returning, the prosecutor accosted me—he took liberties with me—a young man came up, and pushed him away, and he was talking with me for ten minutes—the prosecutor then came up and said I had robbed him—he gave several different accounts of what he had lost before the magistrate.
NOT GUILTY .
ELIZABETH BENJAMIN . I am the wife of Solomon Benjamin. We keep a clothes-shop in White-cross-street. On the 20th of November, the two prisoners came to our shop with another person—I came from my back-parlour, where I was washing my child—I saw the prisoners leaning in front of the counter—they said they wanted a coat—I asked what price they would go to—they said about 2s. or 3s.—I said I thought I had one somewhere, and was going to look for it; but I saw them whisper, and would not take my eye off them—I then said, "If you will call again, my son will show it you"—they then brushed off—I went behind the counter, and saw the till moved half out, and I missed out of it a sovereign and 2 half-crowns—I had put 2l. 5s. there just before, to pay a bill, and no one had come in but the prisoners, and the boy who was with them—I ran after them, but they were out of sight—I gave an alarm to the officer, and returned to my own door—in about three quarters of an hour, the policeman took these two prisoners—I know they are the two who were in the shop.
Chaplin. She said at first that she gave information to her brother, and now she says it was to the officer. Witness. No, I did not; when they were at the station-house, I asked them how they came to do it; and one of them said he had had his regulars, but he could not help it.
CHARLES SCOTCHMER . I am a police constable. I took the prisoners—I asked Chaplin how he got the money I found on him—he said he bought two fowls in the market, and sold them again for 7s.—I found on him one half-crown, and 4 shillings; and on Walker 2 half-crowns, and 5 shillings—I took them about ten o'clock in the morning—the robbery was committed about a quarter past nine o'clock.
CHAPLIN— GUILTY . Aged 14.
WALKER— GUILTY . Aged 14.
Transported for Seven Years.
OLD COURT.—Friday, November 28th, 1834.
First Jury, before Mr. Sergeant Arabin.
138. MARY DUFFEY was indicted for stealing, on the 20th of November, 3 muslin gowns, value 1l.; 3 handkerchiefs, value 1s. 6d.; 1 pair of stays, value 8s.; 1 petticoat, value 2s.; and 1 bed-gown, value 1s. 6d.; the goods of Patrick Levall.
MARY LEVALL . I am the wife of Patrick Levall, and live in Burn's-place, Chapel-street, Edgware-road. On Thursday, the 20th of November, at eight o'clock in the morning, I and my husband went out—the street door opens by a string, which I pulled down—we occupy the first floor back room—I locked my room door, I am confident, and left every thing secure—I returned at half-past eight o'clock at night—I know the prisoner—she lodged at No. 4, opposite—she had told me she was going to Ireland—she knew my room—when I returned, I found my room door burst open, my trunks opened, and this property gone—I went and told my husband, who gave information at the office.
ELIZABETH BLAKE . I live at No. 4, Burn's place, opposite Levall—the prisoner lodged in the same house—she did not come to her lodging on Thursday night—she came next night, and seemed in a great hurry
going down stairs—she had a bundle with her—I followed her, suspecting her—I asked her whose the bundle was that she bad—she said it was no odds to me—I followed her till I met a policeman, and gave her in charge.
EDWARD BROWN . I am a policeman. Blake gave the prisoner into my charge, with the bundle—I asked what she had in it—she said, "Come along to Mr. Levall's and see"—I took her there, and on going through a dark passage she fell down—when she stood up, I mused the bundle—I asked where it was—she said it was there—another constable picked it up—I found six duplicates on her.
(Property produced and sworn to.)
Prisoner's Defence. I have not been in her house for a fortnight, till last Wednesday week, when I went for a black handkerchief she had of mine—a person down stairs told me to go up and see if she was at home—she was not, and I returned to my lodging again—on Thursday afternoon I went out to see a friend who was going to Ireland—I stopped there all night—next morning I met an intimate friend of her's, who treated me with beer and gin—she gave me some tickets—I had some dirty things in my hand—she took and put them into her bundle, and in Oxford-street she handed the bundle to me—I carried it as far as Chapel-street, and left her at the end of the court to wait for me till I came out again, and then she was gone—I went round the street to look for her, and met my landlady, who gave me in charge—how the woman got the bundle I do not know.
GUILTY . Aged 26.— Transported for Seven Years.
WILLIAM GRAY . I am a shopman to Richard James, a linen-draper, living in Middle-row, Holborn. On the 19th of November, I saw the prisoner come inside the door, take a cloak off a rail in the shop, put it into her apron, and walk away with it—I followed, and asked what she had there—she said, "Nothing," but I found the cloak in her apron—I went for an officer, and gave her in charge.
(Property produced and sworn to.)
GUILTY . Aged 60.— Confined One Month.
Before Mr. Baron Bolland.
140. JOHN STONE was indicted for feloniously assaulting Ann Clark, on the 18th of November, and taking from her person, and against her will, part of a veil, value 5s., her property. 2nd COUNT, For feloniously assulting the said Ann Clark, with intent to rob her.
ANN CLARK . I am single, and live at Paddington Cottages. I came, on the 18th of November, after seven o'clock in the evening, from the Bank in an omnibus, and got out at the Wheatsheaf public-house, in the Edgeware-road—I was going to Church-street, to cross Paddington-green—the prisoner overtook me, and tapped me on the shoulder—I asked what he wanted—he offered to strike me, but did not hurt me in the least—he shifted his fist up, but did not throw his arm out much—I tried to get away from him—he did not lay hold of me, but snatched hold of my veil, and before part of it from my bonnet—be put it into his pocket, and went off—I
called the policeman—he took most of it—he left very little remaining—I gave an alarm—he still remained on the green, and did not try to get away—I lost sight of him till after I got on the green—he was stopped by a person—I called, "Police," that was all—I am quite sure he is the man—I do not think he intended to rob me—I think he was in a state of drunkenness—he said something to me, I do not know what, for I was very much frightened—and he said something at the time he took the veil, but I do not know what—I thought him drunk, but I was not certain of it till I got to the station-house.
RICHARD ROADNIGHT . I am a policeman—I was against the Wheat-sheaf, at the corner of Church-street. A gentleman came by, and said a lady was robbed on Paddington-green—I went there, and saw the prosecutrix, and a gentleman standing on the green with the prisoner—she said she was robbed of her veil, and the prisoner was the man—I took him to the station-house—he pulled off his coat and hat, and shook it on the ground—he said he knew nothing about it—I found nothing on him—he had plenty of opportunity of getting rid of the veil—another constable searched his coat, and found it in his coat-pocket on the ground—he seemed very drunk, and would not give any account of it—he said nothing at all about it.
WILLIAM LAWRENCE . I was passing along Paddington-green, and heard a lady cry out, "I am robbed!" in a faint voice. I immediately went across toward where the cry proceeded, and found a man running in that direction—I told the man, if he did not stop I would knock him down—I said, "What have you done?"—he said, "I have not robbed any body"—it turned out to be the prisoner—he tried to secrete himself behind one of the trees, but in a manner like a drunken man—he seemed intoxicated—the lady came up, and said she had been robbed—soon after, the police-man came up, and took the man into custody; and when he got towards the lady, she said, "That is the man; he has got the veil in his pocket"—it was found in his pocket at the station-house.
Prisoner. The policeman has known me a long time.
NOT GUILTY .
Before Sir John Cross, Knt.
141. KATHERINE HILLIER was indicted that she, on the 9th of October, at St. James's, Clerkenwell, feloniously did forge a certain bill of exchange, which is as follows:—"London, September the 20th, 1834. To Messrs. Drummonds, London. Fourteen days after date, pay to this my order, the sum of 463l. 14s. value received. Stradbroke. 463l. 14s." with intent to defraud Henry Drummond and others.—2nd COUNT. For feloniously uttering, disposing of, and putting off a like forged bill of exchange, with a like intent.—3rd and 4th COUNTS. For forging and uttering a forged indorsement in the name of "Stradbroke."—Four other COUNTS. The same as the first four, only stating the intent to be to defraud John Edward Cornwallis, Earl of Stradbroke. Other Counts, varying the manner of laying the charge.
MESSRS. BODKIN and LEE conducted the prosecution.
the course of business—it is a part of my duty to open letters of business addressed to the firm—I did so on this occasion, and found this letter contained the bill of exchange I now hold in my hand—Lord Stradbroke kept an account at our house at that time—I was familiar with his handwriting—this letter (looking at one) was sent by order of the house—after reading the bill and letter, I handed it over to Mr. Rush.
Cross-examined by MR. CLARKSON. Q. Has Mr. Drummond any other name than Henry? A. No—I am well acquainted with Lord Stradbroke's writing—the signature to the bill does not in the least resemble his writing.
DANIEL FORRESTER . I am a City officer. On the 9th of October I was called in by the solicitor for the prosecution—I put such a letter at this into the general post, and left town for Weymouth the same night by the mail—next day I went to the house of Williams and Co., at Weymouth—I was in a back room adjoining the counting-house—I saw the prisoner there—I did not see her come in—I came from the back room into the front office, and the prisoner was writing this receipt (looking at it)—she wrote nearly the whole of it in my presence—when she had finished writing it, I took it from her, and asked her if that signature was her name—she answered, "Yes"—I said, "How will you take it?"—she said, "In Bank of England paper, if you have got it"—I said, "I must trouble you to step into the back room, as I wish to ask you a question or two"—she said, "I hope there is nothing amiss"—I produced the letter in one hand, and the draft in the other—this is the document I speak of, (No. 1.) and this was the draft—I showed the letter and bill to her—she pointed to the letter, and said, "That is my handwriting,"—the face of the draft was towards her—she pointed to me to turn it, which I did, and she said, "That is my handwriting," alluding to the indorsement: I think I have gone rather too fast—as soon as I got her into the back room, I said, "You are not bound to answer me any questions unless you please; it will either be used for or against you"—that was before I asked her a question.
Q. On your producing the letter and bill, did she state what you have said without your asking her the question? A. Yes; she said it was her handwriting—I held the bill in my hand—she pointed to the indorsement, "C. Hillier," and said it was her handwriting—when she said, "that is my handwriting," she referred to the "C. Hillier," on the back—she said, "I can only speak the truth"—I then told her I understood the signature purporting to be Lord Stradbroke's was a forgery—she said the had taken it of an agent in France, and that Lord Stradbroke was not personally known to her—I asked her in what part of France—she said, "Nantz"—I asked her the name of the agent—she said, "Percy"—I asked her when she took it—she said, "On the 16th of this month"—I said, "The 16th of this month has not arrived yet," and she said, "It was the 16th of last month"—I said, "September?" she said, "Yes, the 16th, I left on the 18th"—the said, "I took it in a money transaction for some pictures," or, "in a picture transaction"—I do not recollect which she said—after this I went with her to Augusta-place, into two rooms there—she brought away a carpet bag, a trunk, and basket, containing wearing apparel and other things—I kept the trunk, and she had the key in her possession—there was a purse in her trunk, but nothing important—I found this piece of blotting-paper in the trunk, of which I took possession, and which she kept the key of—in consequence of a mark on the paper of the first letter
I went to Mr. Thomas, a stationer at Weymouth, and made inquiry there—I found some paper corresponding with that in the trunk—there was some marked "Thomas, Weymouth"—here is the whole of the paper found in the trunk—it bears the same impression in the corner as the paper—the letter is written on, "Thomas, Weymouth"—it was in the same trunk.
Cross-examined by MR. CLARKSON. Q. You have put your inittials on each sheet? A. I did so—I made a memorandum of my conversation with her shortly after, and have it here (producing it)—I have not made my statement of the conversation independent of that memorandum—I certainly have looked at it since—I made the memorandum in order that I might be more accurate—I cannot say now whether I made it on the Sunday or Monday—the conversation passed on the Friday—I have not seen Norton, a confectioner, here—I did not ask whether more persons lodged in Augusta-place besides the prisoner—there might have been and, I should think, there were—I saw persons in a room up stairs.
ESAU VIVIAN . I am a clerk in the banking-house of Messrs. Williams, of Weymouth. On the morning of Friday, the 10th of October, about one o'clock, or half-past one, I saw the prisoner there—she said she had a letter from Messrs. Drummond, the bankers, and inquired if we had received any instructions to pay her some money—I do not know whether she produced a letter to me—this letter (No. 2) was produced to me in the course of the morning, before she left the office—on her making the inquiry, I said we had received instructions respecting the payment of some money—I inquired if she was furnished with a receipt for the amount—I do not recollect whether she stated the amount—she said, "No," she was not furnished with one—I said it was necessary she should write a receipt, which must be on a stamp—she said, "Perhaps I had better get a stamp then, and bring a receipt," and immediately inquired whether we kept stamps—I produced this stamp (looking at one) and she filled it up—this is what she wrote on that occasion—in consequence of something I said while she was writing the receipt, Forrester was introduced into the office—immediately she began to write, I had him brought in.
Cross-examined. Q. Do you know whether Lord Stradbroke if in the habit of purchasing pictures abroad? A. I do not.
WILLIAM THOMAS . I am a stationer, living at Weymouth, and a subdistributor of stamps. In October last, I saw the prisoner several times, five or six days—on Tuesday, the 7th of October, I sold her a 6s. bill stamp, with some writing paper and blotting paper (looking at the letter and some sheets of paper)—I have every reason to believe this is the same paper—each sheet bears my stamp, but I keep a large stock of it—she had them all at the same time—she first asked for the stamp, and then for the paper.
Cross-examined. Q. Have you any means of confirming your recollection of the day you sold her the stamp and paper? A. Yes, I have not a book, but a cheque list, which I keep in my till—I have not got it with me—we do not preserve them—the list would strengthen my memory as to the date and amount of the stamp—my business is very large—I could not tell how many stamps I sold on that day, by reference to my book—very likely I told a good many—two days elapsed between the time of selling the stamp and Forrester's coming to me—my memory is perfectly clear as to the transaction.
that they are the same—I have examined them with a glass—I compared the bill and blotting paper, and have not the least hesitation in saying, the marks on the blotting paper correspond with the bill—the bill has been dried on the blotting paper—there are more than two partners in our firm.
Q. Is the signature to that bill and the indorsement, in your handwriting? A. They are not; nor are they like it—it was not done by my authority or knowleged in any way whatever—I do not know a person named percy—I never had a picture transaction on the Continent.
Cross-examined. Q. Have you any knowledge of the prisoner? A. I never heard of her—I have no knowledge of her whatever.
The following are the letters read in evidence.
No. 1.—"To Messrs. Drummond, Charing-cross." "Weymouth, 8th October, 1834.—Gentlemen, I shall feel much obliged by your remitting me the enclosed amount by return of post.—Yours, &c. C. HILLIER."—Addressed to "Mrs. Hiller, 9, Augusta-place, Weymouth."
"Messrs. Drummond, London, 20th September, 1834.—Fourteen Days after Date, Pay to this, my Order, the sum of £463 14s., value received.—STRADBROKE."—Indorsed, "STRADBROKE and C. HILLYER."
No. 2.—"To Mrs. Hiller, 9, Augusta-place."—"London, 9th October, 1834.—Madam, We have received the favour of your letter of the 8th inst., inclosing a bill on us of £463 14s. In reply, if you will call on Messrs. Williams & Co., bankers, Weymouth, they will have advice respecting the payment of the same.—For Drummond and Co., WILLIAM RUSH."
(The prisoner deliverd in the written defence, stating, that during the revolution at Brussels, in 1830, she had purchased, at a reasonable price, a quantity of pictures of a gentleman residing there, who was hastily leaving the town—that in the summer of last year, while at the gallery of the Louvre, at Paris, taking a sketch, she was accosted by a man of gentlemanly manners, who stated himself to be collecting pictures for several noblemen, mentioning Lord Stradbroke among others—that he finally agreed to purchase the whole she had; and, ultimately, paid her the draft in question—that the following month she came to Weymouth, and forwarded the draft to Messrs. Drummond's—she declared her innocence, of which she contended the open manner she had acted was a proof.)
GUILTY of uttering. Aged 46.— Transported for Life.
Second Jury, before Mr. Recorder.
JAMES RABETT . I am a patrol of Bread-street. A little after seven o'clock, on the 30th of October, I heard an alarm given in Friday-street, and saw the prisoner running as fast as he could—I stopped him, and took him to the watch-house.
Cross-examined by MR. WHAKESEY. Q. You merely saw him running down Friday-street? A. Yes—I don't know why he was running, but I heard a cry of "Stop thief!"
fetched out of my house to go to a coffee-shop, at No. 14, Distaff-lane—I observed a cab stop there immediately as I got to the door—a person outside ran, and shoved the door part of the way open, and said, "Bring it out, it is all right, here is the cab"—the prisoner immediately brought this truss out on his knee—they went round the off side of the cab—I clapped my hand on the truss—the prisoner was on my left hand side, and the cabman on my right—I said I wished to know who the goods belonged to—the prisoner made no reply, but went round the cab, and ran away—the cabman still wanted to put it on the cab—I said, "No; lift it on my shoulder, I will take it to the watch-house"—when I got to the watch-house, the prisoner was there—I am positive he is the man who brought the truss out of the coffee-shop—my daughter keeps the coffee-shop.
Cross-examined. Q. When the cabman came up to the door, are you sure he said, "Here is the cab?" A. Yes; he did not say cart, but cab—the prisoner said, on going to prison, that he thought the man said "cart," but I said it was "cab"—he said he understood that a cart was at the door—he did not give me to understand he expected a cart to call for a truss—he did not say that he expected a cart, and was surprised at it being a cab—I had a dispute with him whether he said cart or cab—he said, coming down Newgate-street, that I was right in every thing I had said, except that he understood cart, I said it was cab.
COURT. Q. Was he giving the goods into the cab, which came to the door? A. Yes; he never let the goods go till I seized him, and asked where they came from—he made no reply, but went away—he could see it was a cab—he left the goods on the step of the cab—the cabman never went near the door—there was a man on the look out, to let him know when the cab was-coming—the man just shoved against the door and said, "It is all right, bring it out," and out came the prisoner with the truss on his knee—he brought it round to the off side, and placed it on the step of the cab.
SAMUEL ELLIOTT FREWER . I am a warehouseman in the employ of Henry Hunt and James C. Sharp, of Wood-street. I have seen the property in question—it is six pieces of calico, and some wrapper, which had been packed up to send to Edward Hollis, a customer—it measured four hundred and odd yards, and was to be sent to Higham Ferrars—I had looked through the goods, and knew them to be the same—these are them.
THOMAS FORSTER . I am servant to Mr. Barker, a carman, of Wood-street. I received the truss in question at Hunt and Sharp's—I missed it from my van in Little Britain—I had placed it about the middle of the van.
Cross-examined. Q. How far is Great Distaff-lane from where you missed the truss? A. It is a long way—I should think about three quarters of a mile—I did not miss it till near eight o'clock—I received it about six o'clock.
Prisoner's Defence. I was going to the coffee-shop, and saw a young man there, who said his cart had broken down, would I assist him—I drank my coffee, and the young man came and asked if I would be kind enough to bring the truss out to the cart—I felt surprised at finding a cab, but carried it to the cab—a person came up and asked who it belonged to, and the young man not giving a right answer, I went away.
(William Harford, salesman, Newgate-market; Humphrey Jones, Norton Falgate; George Burkett, butcher, Shadwell; and William Doncaster, butcher, Wands worth-road, deposed to the prisoner's good character.)
GUILTY . Aged 30.— Transported for Seven Years.
NEW COURT.Friday, November 28, 1834.
Sixth July, before Mr. Common Sergeant.
116. HANNAH BLUNDELL was indicted for stealing, on the 13th of November, 3 sheets, value 10s.; 1 pillow-case, value 6d.; 1 frock, value 2s.; and 1 table-cloth, value 4s.; the goods of Gabriel Hard, her master; to which she pleaded
GUILTY.—Recommended to mercy by the Prosecutor .
Confined Six Months.
GUILTY . Aged 15.— Transported for Seven Years.
118. JOSEPH LANE was indicted for stealing, on the 27th of October, 1 coat, value 3l., the goods of Edward Hodd; and REUBEN MARTIN was indicted for feloniously receiving the same, well knowing it to have stolen, against the Statute, &c.
Cross-examined by MR. PHILLIPS. Q. Is it your coat? A. It is my brother's—his name is John Henry Hodd—it has been more worn by me than by him.
COURT. Q. Was it given to you to use? A. Yes—I was answerable for it—I was not in the gig—it is my gig—I had been using the coat for three weeks; a lad, whose name I do not know, had care of the gig.
JAMES BROGAN . I am bar-boy to the prisoner, Reuben Martin—he keeps the Golden Boot, in Milton-street. The prisoner Lane came into the house on the 28th of October—he said he was stumped for money, and he wanted to sell this coat, which he had on his back—there were twelve or fifteen people in front of the bar—one man offered him 16s. for it—another said he would give him 18s.; and my master, Mr. Martin, said he would give him a guinea and a glass of brandy and water for it—he took the coat off—chuck'd it over the bar—I took it up and put it on a chair—there was no secrecy about it.
Cross-examined by MR. PHILLIPS. Q. After Martin had paid the guinea, was not the glass of brandy and water drank openly? A. Yes—
there was no concealment about it—my master never desired me to keep it secret.
WILLIAM SHEARWOOD . I am a tailor, and live in Susannah-street, Shoreditch. I was in front of Martin's bar that night—Lane came in with the coat—there were several others there—one offered 16s., another 18s., and Martin offered a guinea and a glass of brandy and water—the guinea was paid, and the glass of brandy and water was drank by some of the persons there—when I went to Martin's house, after I had appeared at Worship-street, I was knocked down as soon as I got in, and they have threatened to rip my entrails out—I could make such a coat as this for 50s.—it is now worth about a guinea.
Lane. Q. Were you ever a prisoner in Newgate? A. No; I have been unfortunate, but have retrieved my character by service.
LANE— GUILTY . Aged 29.— Transported for Seven Years.
MARTIN— NOT GUILTY .
119. MARY DAVIS was indicted for stealing, on the 3rd of November, 3 pieces of silk handkerchief, containing 21 handkerchiefs, value 3l. 10s., the goods of Thomas Boyle; and that she had been before convicted of felony.
JOHN ROE . I am an officer. On the 4th of November, I went to Mr. Upsall's—he showed me a handkerchief, and told me to make inquiry, which I did, and found the prosecutor had lost three pieces of handkerchief—I then took him to another pawnbroker, and showed him two more—I went to the prisoner's house, No. 2, Harper-street—she came home at night, and was taken—I asked if she had not been to Mr. Upsall's, and she denied it.
Prisoner's Defence. I left home to go to work in the morning—I met a friend—we had something to drink, and I was not fit to go to work—I then met the girls, who asked me to go and get the handkerchiefs—I went and said they belonged to me, but I had never seen them.
GUILTY . Aged 49.— Transported for Fourteen Years.
Queen-street, Lincoln's-inn-fields. The prisoner was my shopman, and it was his duty to receive money on my account—he paid me 5l., which he said he had received of Mr. Gadsby, on the 3rd of May—Mr. Gadsby owed me 6l. 13s., and if the prisoner had receive it, he ought to have accounted to me for it.
Cross-examined by MR. HEATON. Q. How long had he been with you? A. Sixteen months, and had conducted himself well with, this exception—he has a very aged mother and his own family—his wages were 18s. a week.
JAMES GADSBY . I live in Furnival's-inn, Holborn, and am a solicitor. I owed the prosecutor 6l. 3s.—the prisoner applied to me for it, and I gave him a cheque on the Bank for it—the cheque has been returned as paid, and the prisoner's name is on the back of it.
MR. WILKINSON re-examined. I think he paid me five sovereigns—I knew nothing about his receiving any more.
(William Warman, a tailor, of Weston-place, gave the prisoner a good character, and Mr. Gurney, a shoemaker, engaged to employ him.)
GUILTY .—Recommended to mercy by the Prosecutor and Jury.
Confined Ten Days.
121. ANN COATES the younger was indicted for stealing, on the 30th of October, 8 spoons, value 24s.; 1 frock, value 2s.; 1 ring, value 1s. 6d.; 4 petticoats, value 3s. 6d.; 2 aprons, value 1s. 6d.; 6 handkerchiefs, value 7s. 6d.; 2 sheets, value 9s.; 7 pairs of stockings, value 4s. 7d.; 1 bed-cover, value 1s. 6d.; 1 pillow, value 2s.; 3 table-cloths, value 14s.; 4 boots, value 1s. 94.; 21 shirts, value 1l. 9s. 3d.; 3 waistcoats, value 2s. 3d.; 1 gown, value 6d.; 4 shifts, value 4s. 6d.; 1 shawl, value 1s. 6d.; 1 printed bound book, value 1s. 6d.; 1 pair of shoes, value 1s.; 1 cloak, value 1s. 6d.; 2 basins, value 4d.; 1 night-cap, value 3d.; 3 forks, value 9d.; 1 dish, value 3d.; 1 knife, value 6d.; 2 plates, value 2d.; 1 tin mug, value 1d.; and 1 towel, value 3d.; the goods of William Parker, her master. ANN COATES the elder was indicted for feloniously receiving 2 frocks, value 2s. 3d; 7 petticoats, value 6s.; 6 aprons, value 2s. 3d.; 1 towel, value 34.; 3 waistcoats, value 2s. 8d.; 3 handkerchiefs, value 5s. 6d.; 4 shifts, value 4s. 6d.; 3 silver spoons, value 8s.; 5 pairs of stockings, value 3s. 74d.; 1 piece of patchwork, value 1s. 6d.; 12 shirts, value 4s. 9d.; 2 table-cloths, value 9s.; 1 gown, value 6d.; 1 shawl, value 1s. 6d.; 1 printed bound book, value 1s. 6d.; I cloak, value 1s. 6d.; part and parcel of the said goods, so as aforesaid feloniously stolen, well knowing them to have been stolen, against the Statute, &c. And SARAH THOMPSON was indicted for feloniously receiving 2 basins, value 4d.; 1 cup, value 3d.; 1 knife, value 6d.; 3 forks, value 9d.; 1 dish, value 3d.; 2 plates, value 2d.; and 1 tin mug, value 1d.; other part and parcel of the said goods, so as aforesaid feloniously stolen, well knowing them to have been stolen, against the Statute, &c.
Two other Counts, varying the manner of stating the charge.
WILLIAM PARKER . I live at No. 19, North-bank, Regent's-park. The prisoner, Ann Coates the younger, lived servant with me about eleven months—about five or six months ago, we missed a great number of articles—we had missed some before, but we missed more then—we continually missed things, up to the day she ran away, which was the 4th of November—on that day I went into the kitchen, with an intention of speaking to her—she went down on her knees, took hold of my hand,
and said she had taken one of my shirts, and six of my little boy's, and given them to her mother, who had pawned them, but she should receive money next day, and would get them—I said she had robbed me to a great extent, and I could not listen to her—I can swear to these eight spoons, and to all the property here—many of the articles have my name marked in full on them.
JOHN WARREN . I am assistant to a pawnbroker, in John-street, Edgware-road. I produce a child's petticoat, pawned for 9d., some stockings, spoons, and a great variety of articles, pawned at different times by Ann Coates the elder—she had redeemed many of them and pawned them again—she has been a regular customer at our shop.
JAMES REARDON . I am a pawnbroker. I have a pillow, a pair of stockings, a pinafore, a child's belt, and some other things, pawned at our shop, but the person who took them in has left us—these are the duplicates given for them.
JOHN TAYLOR (police-serjeant S 71.) I went to the elder Coates's house with Mr. Parker—I found her and Thompson there—I found in a mug ninety-seven duplicates, some of which relate to the property produced—seventeen of them, she said, were her own property—I found there two plates, two basins, one cup, one knife, and a mug, which are Mr. Parker's, but Thompson said they were hers.
Ann Coates, the younger. I should wish the goods to be sorted—some of them are our own—Miss Parker gave me a great many things—it was done through distress, and Miss Parker knew it a month or six weeks before.
MR. PARKER. These are all my things—my daughter gave the prisoner a variety of things—but my daughter went with me, and every thing that there was the slightest doubt about, was put on one side.
ANN COATES, the younger— GUILTY . Aged 25.
ANN COATES, the elder— GUILTY . Aged 50.
Transported for Seven Years.
S. THOMPSON— GUILTY . Aged 22.— Confined Two Months.
122. THOMAS BURRIDGE was indicted for that he, on the 2nd of November, a certain male child, under the age of ten years, to wit, about the age of nine years, named James Hugh Huns, the son of Hannah Huns, feloniously and maliciously, by force, did lead, take, and carry away, with intent to deprive the said Hannah Huns of the possession of the said child, against the Statute, &c. And EDWARD SHIPLEY was indicted for feloniously receiving the said child, well knowing the same to have been stolen.
Two other Counts, like the first, only stating the child to have been by fraud carried away.
Four other Counts, like the four first, only stating the intent to be to
MR. PHILLIPS conducted the Prosecution.
HANNAH HUNS . I am a widow, and am a pauper in Bethnal-green workhouse. I went there, with my three children, after my husband's death—I lost a son in August last, and have never heard any thing of him—I have a son named James Hugh Huns—I missed him on the morning of the 3rd of November—I gave information to Mr. Entwistle, the master of the workhouse, and searched every where for miles round—I gave information to the officer, and on the 10th I saw my child again, dressed in sweep's clothes—when I missed him, he was in a fustian jacket and trowsers—he will be ten years old in February next.
JAMES HUGH HUNS . I have been taught my prayers, and know the consequence of telling a lie. This witness is my mother—I have been in Bethnal-green workhouse about three years—I know the prisoner Burridge—he was at the workhouse when I first went there, but he left soon after—I did not see him again till the Sunday on which I was taken away to be a sweep—he then had a whole lot of boys round him—and he said to me, "Won't you go?"—I said, No—I had been let out that day to see a friend—I went to my friends, and, as I was coming back, I met Burridge and Paul in Hare-street—Burridge came running up to me, and said, "O I am took him, I am took him"—and, "it is such a good place, ay'nt it, Paul?"—Paul did not give any answer—Burridge said, it was a sweep's place, and if I went, I should get 4s. or 5s., and a new pair of clothes—Paul said my mother would not let me go—Burridge said, "O yes she will—come along, come along, yes she will"—he took hold of my hand, and dragged me across Hare-street-fields—he did not hurt me, but pulled me along—he then took me on his back—I cried a little while, and said I wanted to go home—Paul did not go with us—Burridge took me to a white house, and I saw Shipley in there—and Burridge said to him, "I have got you a boy that can climb—his mother gave him a new pair of shoes to come"—Mrs. Shipley gave me some pudding, and I was put to bed—the next day Mrs. Shipley gave me some black clothes, and I went out with a boy, who took me to the top of a chimney, and I came down safe—the next day I went with young Shipley to another chimney—I could not get up to the top—I felt some fire come to my knees, which scorched my left knee—I called to them to put the fire out, and they did—I came down, and young Shipley punched me because I could not get to the top.
COURT. Q. When Burridge said to Shipley, "I have got you a boy that can climb," what did Shipley say? A. They had some talk that I did not hear.
JAMES PAUL . I am a pauper in Bethnal-green workhouse. I did not know Burridge till the Sunday, when I saw him speak to some boys—I saw him again the same day in Hare-street, and he asked me whether I could get him a boy to go for a sweep—I said I could not—he said, "I will give any body sixpence than can get me a boy"—he then met Huns, and asked him if he should like to go to be a sweep—he said, "No;" and I said his mother would not let him go—Burridge said, "Yes, I know your mother, she will let you go; and, if you do a fault, they will not beat you; but say, 'Jem, do not do it again'"—he said they would give
him four or five shillings and new clothes—he said he lived in the City, and asked me to go with him, but I refused—I told Huns's mother.
ROBERT ENTWISTLE . I am master of Bethnal-green workhouse. This little boy and his mother were paupers there—she lost a son some months back—I have done my best to discover him, but in vain—Huns was in my care.
Burridge's Defence. Shipley's grandson set the fire to the boy's legs—I said, "It is my brother, do not do so any more;" and, when he came home, Shipley threw the brush at him—I told Huns what Shipley had told me, that he would give him four shillings or five shillings and a suit of clothes—when I went, I said, "Here is a boy such as you wanted;" because he said he wanted a less boy than me.
BURRIDGE— GUILTY . Aged 17.— Confined One Year.
SHIPLEY— NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
WILLIAM CARTER . I am in partnership with my brother John. We are ivory comb-manufacturers, and live in Fleur-de-lis-street—we generally have some thousands of dozens of pieces of ivory like these—they are turned by circular saws—on the 22nd of September we took stock, and again on the 11th of November; and we had lost sixty-nine gross of these pieces—they are worth about a guinea a gross—Jackson, of Gun-square, Houndsditch, cuts the teeth in the combs—on the 9th of November I went to Jackson, but nothing was shown to me then—on the 11th of November I went there again, and saw a number of our pieces—I knew them to be ours—Jackson showed me fifty-nine dozen—I recognized forty dozen, which were ours—I knew them by the way they were cut, and the various sized saws employed—they are cut different to the general way of cutting—some are cut upright, but these are not—we had different qualities of ivory, and these are of different qualities, corresponding with ours—on Saturday morning, the 15th of November, I went with the officer to Edward-street, Kingsland-road—we went to the first-floor back room—I saw the prisoner there—I had known him many years—Hanley asked him to account for the pieces at Jackson's—he said they were his own; that he had bought a variety; and told us where he had cut them up—that in one instance he had bought some clumps of a sailor who came to his house; in another instance he had bought a tooth of Mr. West, in Charles-street, Hatton-garden; and these pieces were the proceeds of that tooth; and he produced a receipt for about 9l.—he said he did not know the sailor, he had never seen him before—he told me he would show me part of the proceeds of this tooth, and we walked into the front room—he then took a handful of pieces out of a drawer-case, and showed them to me—I said, "Why, David, these are my pieces"—he said, "If you say that, you will say any thing;" and he swept the whole of the contents of the drawer-case on the floor—I said, "David, if you had come by these honestly, you would have taken me out some of the tip pieces"—he said there were no tip pieces, for he had run the stuff—
but I found some tip pieces among them—I said, "David, here are some tip pieces, for here is the saw-race at the end"—he said he had got them all out of the tooth he had bought—I said it was nonsense to talk so, for I could show him five or six different sorts of stuff which they came out of; and I showed him the proof I had that they were mine—I found thirteen dozen in the prisoner's drawer-case that are mine—I certainly could not have sold them in the state they are in—the prisoner said he had them cut up by Pyer, a horn comb-manufacturer, in Fashion-street, Spitalfields; but they are cut by different-sized saws, and, when we got to Pyer's, he had but one saw.
Cross-examined by MR. PHILLIPS. Are you extensive manufacturers? A. Yes; the most extensive manufacturers in the three kingdoms—ours are not patent saws—there are numbers to circular saws to the same description as ours for the slabbing of these pieces, but I sincerely believe we are the only persons who use them for rounding them—Mr. Simmons does not use them.
Q. Look at this piece—(producing one)—it is done in the same way as yours, is it one of yours? A. I do not really think it is—I do not think it is done by our machine.
Q. Is not this one of the circular machines? A. Yes—it has been abused—I do not think it could be used—it appears to have been used, and I cannot tell how many more there are—many thousands of elephants' teeth are cut in London every year—I knew the prisoner in the trade—I had not seen him on our premises during the time we lost ivory, from the 22nd of September to November—they might hare, been stolen on the 1st of October, and have passed through many hands—Captains and sailors bring elephants' teeth sometimes—this piece has not been done by a machine similar to ours; it has been broken in' the rounding—a proper machine would not have done so—there may be other machines of different sizes.
Q. Do you mean that amongst the hundreds, thousands, and perhaps' millions of pieces that are in circulation, you could swear to any without a private mark on them? A. There is a private mark on some of these, that satisfies me, that you are not aware of—I had to make some very fine ones out of a very fine tooth—these are some of them—if any other maker had made fine work, they would not have the same appearance to a comb-maker—I am a practical man in the trade—I am satisfied that I cannot be deceived—I can swear to the grain, and the quality—these are not African; they were cut out of a Bombay hollow,—it is not like ivory; it is more like pearl—there may be some of the same colour and quality, but every tooth carries its own grain.
MR. CLARKSON. Q. Were you in possession of different descriptions, of elephants' teeth? A. Yes, one tooth would not exhibit different grains—we have eight saws of different dimensions, and I found pieces corresponding with the dimensions of each of our saws, and they correspond with the grain to the ivory we had—I learned at Jackson's that the prisoner had taken some there—the wheel that has been produced would not produce the same appearances that there are on these pieces.
COURT. Q. Do you still swear to the identity of these pieces? A. Yes; from the work, the grain, the nature of the saws, and file colour—I still maintain my belief, and swear it is my property.
looked at these parcels of ivory—I know the grain; it corresponds in that respects with what we lost—we have eight circular saws, and these correspond with them.
Cross-examined. Q. How many elephants' teeth do you cut up in a year? A. Perhaps twelve thousand—I cannot keep the particular grain of each one in my eye—this piece is of a coarse soft grain—I should not wonder if it was one of ours.
Q. Will you look at this other, had you this kind of grain? A. We had one vastly like it; I do not think it is ours, ours are thicker in general—this pearl colour is ours—this one has not been cut by a machine.
MR. PHILLIPS to WILLIAM CARTER. Q. This is the piece that you knew by its pearl colour, and by its grain—have you any other mark that you know it by? A. Yes, this yellow mark is one thing I know it by, and it has been cut upright—I cannot tell whether the edges have been done by our wheel; if they have, another tool has been passed over it since.
JOHN DANIEL FENN . I am a comb-maker, in the prosecutors' employ. I have looked at these pieces of ivory, and can speak to the greater part of them, but not the whole—I can speak with certainty to some of them.
Cross-examined. Q. Did you see the prisoner on their premises? A. No, I did not know him—I have been in the service of other masters—this piece has been rounded by Messrs. Carters' machine.
Q. Is this one done by it? (producing it.) A. No—nor this.
Q. Do not you know these machines are in common use? A. No, Sir, they are not at all in use, this is a similar kind of machine, but not like theirs—this has been knocked and kicked about.
MR. CLARKSON. Q. Has this piece been worked by such a machine as Messrs. Carters'? A. It has been worked by a similar machine, but if you look at the ends you will see a difference—this end has been done by Carters' machine, the other has not.
MR. PHILLIPS. Q. Now I apprize you in fairness that this is one that you swore was done by Carters' machine? A. I did not say both ends.
Cross-examined. Q. Look at the two ends of this, were they done by a machine? A. Yes, a machine similar to ours—I will not swear they were not done by ours.
Q. Look at the two ends of this one, are they done by a machine? A. Yes, vastly like our machine—I do really think it has been done by out machine.
MR. CLARKSON. Q. Would it be very easy for persons to deface this appearance? A. Yes.
ESTHER JACKSON . I am the wife of John Jackson, No. 7, Gun-square, Hounds-ditch; he is a comb-maker. The prisoner has been in the habit of bringing work to my husband—on Friday, the 7th of November, he brought a parcel tied up in a handkerchief—he said he wished to have it done by the Tuesday—I gave it to my husband—this is the handkerchief it was in.
Cross-examined. Q. Had you known the prisoner before he brought these? A. Not till he brought work to our house, which was three or four months ago—I did not know where he lived—there was no concealment
about this work, more than any other—he paid my husband for his work, in a regular way of business.
JOHN JACKSON . On the 7th of November I received a parcel of ivory from my wife, done up in this handkerchief, and this piece of paper, stating how much ivory there was—on looking over the ivory, I believed it to be Messrs. Carters', by it being of a similar shape—I gate information to Messrs. Carter—they came to my house in about a week afterwards—I delivered the ivory to the officer.
Cross-examined. Q. How long had you known the prisoner? A. About twenty or thirty years, but I had not seen him many years till he came and brought work—he came five, or six times in the course of six months—there was no concealment on his part—I did not know where he lived—he paid for work when I had done it—other persons sometimes bring work in the same way.
MR. CLARKSON. Q. Is it customary for you to receive work from persons when you do not know where they live? A. Yes, frequently; they bring me work, and then they come and fetch it away—the reason I thought this was Mr. Carter's was, that it was done by a shaping machine—I never knew any one to have this but Mr. Carter.
Cross-examined. Q. Look at the two ends of this—are they shaped like those done by Mr. Carter's machine? A. I do not know—I do not know the shaping of their machine—I do not know that I could swear to ivory shaped by Mr. Carter's machine.
JAMES HANLEY . I am an officer. On the 14th of November I went to Jackson's—I received fifty-four dozen and seven pieces of ivory, some of which Mr. Carter could swear to—on the following morning I went to the prisoner's, in Edward-street, Kingsland-road—the prisoner was in bed—I told him to get up—I showed him the box of ivory which I took from Jackson—he said they were his, and this handkerchief, in which the ivory had been taken to Jackson, was his—Mr. Carter, who was with me, said they were his—the prisoner took us into the bed-room, and went to the drawer-case—he took out sixty-nine dozen pieces of ivory, and said, "You had better own them"—Mr. Carter took up some, and said, "I can swear to part of this property"—I asked the prisoner if he could produce any receipts, or tell where he got it?—he said he had bought nine chumps of ivory of a sailor, and he produced this receipt—I asked who the sailor was—he said he did not know—he had never seen him before—he said he bought some of Mr. West, in Hatton Garden—he said he cut the chumps with a saw at Pyer's house—I took the prisoner into custody, and took away the ivory—there were one hundred and three dozen pieces and ten, some of which Mr. Carter swore to—I went to Pyer's—he produced one circular saw—I am almost certain it was not this—I did not see any more saws there—after the examination at the office, when the prisoner was in the lock-up place, he said, "I had a portion of these to make for a man in Brick-lane"—I said, "You told me a different story when I took you; but if you know his name, I will go to him"—and he gave me the name of Kirby.
COURT. Q. What was he speaking of when he spoke of the lots he had of the sailor, and of West; was it those you found at Jackson's, or those you found at his own house? A. I believe those I found at Jackson's; and I think he meant those at his own house, were what he had of the man in Brick-lane.
Mr. CLARKSON. Is Kirby here? A. I believe he is—the prisoner said he believed Kirby had them of a man named Weston.
(Witnesses for the Defence.)
DAVID PYER . I am a comb-manufacturer, and live in Fashion-street. I have known the prisoner many years—about seven weeks ago, he came and asked my leave to cut up an elephant's tooth, which he had bought of a sailor—I allowed him to do so—the only saw I had fit for use, was this one—it was too thick, and I told him he might get it made thinner—he did so, and cut up the ivory on my premises, into comb-patterns of this description—he got two other saws beside mine.
MR. CLARKSON. Q. You had but one saw fit for use? A. No—I am a horn comb-maker—I told Hanley the prisoner brought another saw, and that it broke on the fourth cut—this saw is about six inches in diameter—it was nine inches when new.
MR. PHILLIPS. Q. Is this a machine that would cut the edges in the way these are done? A. It is not used in our trade; but the circle corresponds with the cut of the ivory.
MR. CLARKSON. Q. Upon your oath, is that machine in a fit state to cut any thing? A. I have seen a great deal worse in use—in my judgment it would produce an edge like this.
MR. PHILLIPS. Q. What state was it in before the last two or three days, when it had been before the magistrates and knocked about, you cannot tell? A. No; the edge is perfect enough to cut anything, but it is out of the circle.
JOHN KIRBY . I am a hardware-man, and live at No. 156, Brick-lane, Spitalfields. I know the prisoner. About five weeks ago, I gave him five gross of ivory pieces, to make into combs; and about three weeks ago, I gave him seven dozen—I had them from Mr. Weston, who has been dead six or seven weeks—I lent him 2l. 15s. on them.
MR. CLARKSON. Q. When was it you gave the first parcel of ivory? A. About five weeks ago, and the second about three weeks ago—I gave them both in my own house—Weston lived in Great Garden-street—he brought all this ivory to my place at once—I have not been to his house—I have heard he is dead, from persons who came to me to sell things—Mr. Gardner told me so, when he came to sell me some combs—the officer called on me—he told me the prisoner had stated that he had some ivory of me.
Q. Did you not deny to the officer, that you had ever had any dealings with the prisoner in ivory? A. No—I did not afterwards change the story, and say that I had given him four or five dozen of pieces to make into combs—I did not say I had them of a man of the name of Weston, to whom I had advanced 6l. or 7l.—I did not say it was eight dozen I had had of Weston, and that I never had any dealings in ivory, except this eight dozen; either with the prisoner or Weston, or any body else—I did not say, on the second examination of the prisoner, I was ready to swear I had frequently given the prisoner pieces of ivory—I said I was then ready to state the case as I have now.
MR. PHILLIPS. Q. Who did you mention that to? A. To nobody, that I know of, in particular—I mentioned it to several persons—I went for the purpose of stating that to the magistrate—I said I was ready to be examined—I did not state that to Hanley.
Q. Tell us what you did state to Hanley, when he came to catechize
you? A. He asked if I gave Water-worth any pieces to make—I said, "Yes"—I could not exactly say how many, it might be five or six or seven dozen last—he told me to attend at Worship-street, and I did—he did not ask where Weston lived—I have no doubt whatever that Weston is dead, and in his grave—I am sure he is—I should not have given these pieces to the prisoner, if I had not known that Weston, was dead, and I could not get my money back.
COURT. Q. What was the value of the pieces you gave after Weston's death? A. I do not know.
SAMUEL KIRBY . I am brother to the last witness. I live in Brick-lane, and am a boot-maker—at the latter end of August, or the beginning of September, I went into my brother's shop—I saw Weston there—he brought in a small parcel, tied in a blue handkerchief, and gave it to my brother—I walked to the end of the shop to see what it was, and they were little square pieces of ivory—I heard him ask my brother for 2l. 15s. and some money passed, but I cannot say what.
MR. CLARKSON. Q. When was it? A. I think about three months ago, as near as I can tell.
CHARLES BATSFORD . I am a comb-maker. I have known the prisoner all his life—on Sunday, the 26th of September, I called on him to cut up an elephant's tooth into lengths, and after that it is cut into slabs—he had done work for himself.
MR. CLARKSON. Q. What is the diameter of his saw? A. I did not know that he had any saw—I have seen two of his uncles—I understand slabbing ivory very well—these pieces are not slabbed in any particular way—every comb-maker has a particular way of doing his work—I could not swear to my own work—it it hard to say how many saws have been used to cut these pieces; some are cut one way, and some another.
MR. PHILLIPS. Q. Whether he might have got different saws elsewhere, you cannot tell? A. No.
NOT GUILTY .
Fourth Jury, before Mr. Sergeant Arabin.
124. ROBERT ELLIOTT and JOHN SELSBY were indicted for feloniously breaking and entering the shop of Henry Honey, on the 17th of November, and stealing 1 coat, value 3l.; 1 hat, value 10s.; 1 pair of sugar-tongs, value 5s.; 2 decanters, value 1l.; 1 pint of rum, value 1s.; 1 shawl, value 4d.; 1 glass, value 10d.; 70 half-pennies; and 30 farthings, his goods and monies.
WILLIAM FORD . I am a police-constable. On the 17th of November, at twenty minutes past six o'clock in the morning, I was on duty, and saw the two prisoners come down Union-court, Orchard-street, Westminster—I saw Selsby had Elliot's clothes on—in about five minutes, Elliott came down with a great-coat on his arm, and a different hat on from any I had seen him wear before—he went into No. 12, and attempted to go up stairs, but instead of that he was going into the yard—I told him then was something wrong, and he threw the coat into No. 11—I took him, and got this coat—he said he picked it up in Scotland-yard—I took him to the station-house, and there heard that the Swan tap had been broken open—I went back to the house in Union-court, and Selsby came back to the house—I took him—he said he knew it was wrong, and I should soon bear where it came from—there was a girl in bed, and he handed a pair of sugar-tongs to her—I asked what it was, and she gave me these tongs—I found in the
room, two decanters, with rum in them; a beer-glass, and this money and coat.
JOSEPH HAMILTON . I was going up Bridge-court, and heard a noise at the prosecutor's house—I looked, and saw Elliott come up the area—he got over the rails, and asked me what it was o'clock—I told him a little after six, and said it was rather strange his getting over there—he said he was pot-boy there—he then ran away—he came back afterwards, and bought 1 1/2 d. worth of sweetmeats of me—he told me to go on the bridge, and he would buy some more—I told him I must not—he then gave me 3d. to say nothing about it—I then saw Selsby come by—I am sure they are the persons—I had known Selsby before.
HENRY HONEY . I keep the house; it is part of the Swan Hotel, Blackfriars—I do not sleep on the premises—I left the house all secure at night, and the next morning I heard of this—Selsby had been living with me as pot-boy—I went in the morning, and found the door leading to Bridge Court was open—I found the till open—I went down stairs, and found two squares of glass taken out of a window, which enabled them to get in—I went to the station, but, during this time, the officer had detected the prisoners with this property on them, the whole of which I can identify—I had shut my house up on Sunday night, and saw it all secure—I had given Selsby 3s. on the Saturday night when he left me—there is a bank token among the copper, which I had taken on Sunday.
Elliott's Defence. The money belonged to me—I earned 5s. on the Saturday night at the theatre, and meant, on the Monday morning, to buy fruit with it.
Selsby's Defence. I know nothing about it.
ELLIOTT— GUILTY . Aged 21.
SELSBY— GUILTY . Aged 17.
Transported for Seven Years .
JOHN HAYES . I am servant to Frederick Pollock, Esq., whose stables are at the back of his house in Grenville Mews. On the 3rd of November the prisoner came there to me in a cut off coat, and a long white apron—he had an awl in his hand—he asked me for two saddles which wanted repairing—I asked, who gave him orders—he said the coachman had been round to him, and the saddles wanted repairing—I took down the saddles, and said, they did not seem to want repairing at all—he said, John the coachman, had been round, and given him strict orders to come and get them—I let him have them—I am sure he is the man.
ABRAHAM JOSCELYNE . I am a fishmonger. I was standing in Guilford-street: on the 3rd of November, between two and three in the afternoon—I saw the prisoner and another in company—I watched them, and saw the prisoner turn down the mews, and the other appeared to wait for him—I waited, and saw the prisoner come out with two saddles on his shoulder—they went on towards Russel-square, and turned to the left, and I lost sight of them.
these saddles of a man named Sweeter, and gave two guineas for them—we had one new lined—Mr. Duffield is a harness-maker and saddler—we know the man we bought these of—he is a harness-maker—we sold one of these for 30s., and this is the other, which we gave to the officer.
Prisoner's Defence. I have a witness who can state I went to his house to dine, at twelve o'clock, and stayed there till three o'clock, when I got a ticket given me to go to Sadler's Wells theatre.
WILLIAM BANKS . I have known the prisoner ten years—he worked in the harness business—he has worked the last six months at Mr. Hopkins's in Long Acre, but has left about three weeks—I am a smith, and work for Mr. Bromley, in Regent-street—I live at No. 26, King-street, Golden-square—on Monday, the 3d of November, the prisoner wall with me from twelve o'clock till three—he called, and I made him stop to dinner—he had called on me before—he sat down—we took a bit of dinner, and all we had to drink was a drop of porter—he had called on me one Sunday, about a fortnight before—I know he stayed till about three o'clock, because my time for dinner is half-past one—I went to work at seven o'clock that morning, and left at one o'clock—I should go to work again at two o'clock, but I did not go again that day—he wanted to go, and left as near three o'clock as possible—I swear he did not go out at half-past two—I know that by my dinner hour.
(Thomas Kearswell, a rag and bottle-merchant; Sarah Rickman, of Norwood; Mary Edmonds and Mary Lochlin, gave the prisoner a good character.)
GUILTY . Aged 26.— Confined Nine Months.
WILLIAM BEDFORD . I am a policeman. On the 14th of November, I went to a coffee-shop in Church-street, Bethnal-green—I saw the prisoner there, in company with six others, sitting in a box—I looked round, and went away, and got another officer—we went and searched the persons there—I found nothing on them, but under the seat I found an old pair of shoes—I then looked at the prisoner's feet, and he had this new pair of half-boots on, and he owned the old shoes—he said he had bought these new boots in Petticoat-lane, and had saved the money by a penny or two-pence at a time.
MARY DICKENS . These boots are mine—I am single—I lost them from my warehouse, No. 109, Tooley-street, on the 14th of November—they had been hanging round the window—they have a mark of mine on the side—I saw them safe the night before—I know nothing of the prisoner.
Prisoner's Defence. I bought them honestly.
GUILTY . Aged 17.— Confined Three Months.
127. HANNAH UNDERHILL was indicted for stealing, on the 21st of November, 4 rings, value 8l.; 2 brooches, value 3l.; 1 locket, value 10s.; and 1 handkerchief, value 5s.; the goods of Charles Noverre, her master.
CHARLES NOVERRE. I live at Kensington, and am a professor. The prisoner came into my service about the 14th of October, and on the 21st of November I missed two brooches, four rings, a locket, and a silk handkerchief—they were taken from a small cedar-wood box, which was locked, and put in a cupboard which was locked—the prisoner was at home when I missed them—I went to the office, and got an officer, who went with me—we examined the boxes belonging to the prisoner and the other servant, but found nothing—the officer found on the prisoner a duplicate, and we went to the pawnbroker's; and while we were gone the prisoner ran away—I owed her 25s. or 26s.—I found this property at the pawnbroker's.
MATTHEW RIORDAN . I am an officer. On the 21st of November, I received information of this, and on the following day, I saw the prisoner in George-street, Chelsea, talking to her mother—I suspected she was the person, by the description of her dress—I said to her, "Your name is Underhill"—she said, "No, I do not know such a person"—I said, "You are the daughter of Mrs. Isaacs"—she said, "No"—I said, "You must go with me"—she resisted very much; but when she found I was resolute, she said she was the person, she had done the robbery, and she begged for mercy—I found the duplicate of a silk handkerchief in her pocket, with seven keys, and the duplicate of a brooch she had pawned that day.
Prisoner. I did not resist—I said I was the person you wanted—you tore my shawl, and some gentleman said, "Why do you pull her about? she is willing to go"—I did not say I was guilty of the crime.
(Elizabeth, Ives the wife of a gardener, at Kensington, gave the prisoner a good: character.)
GUILTY . Aged 26.— Transported for Fourteen Years.
WILLIAM REEVES, JUN . I am a baker. The prisoner had been six weeks or two months in our service—he was to receive money on our account—on the 21st of October, he was sent at half-past seven in the morning to Mr. Carter, the landlord of the Star and Garter, with 1s.2d. worth of bread—he came back, and said they did not pay him—he then had his breakfast, and was sent out with five loaves, and never returned.
GUILTY . Aged 15.— Transported for Seven Years.
(The prosecutor stated that the prisoner had been a bad character, and robbed his fellow-servant.)
JOHN BISHOP . I am an officer stationed at the West India Docks. On the 15th of November, about five o'clock in the evening, I stopped the prisoner coming out of the docks with this copper concealed—I asked what he had got—he flew into a passion, and said he would floor me—I felt under his smock-frock, and found this copper—he said he had been at work on board the Victory—I took him to the guard-house, and went to the Victory—I was there desired to take the prisoner to the Magistrate—Christopher Biden is the owner of the ship, but he is not here—the West India Dock is a port of entry and discharge.
Cross-examined by MR. DOANE. Q. He told you he was employed on board the Victory? A. Yes, the copper was concealed between his waistcoat and shirt.
JOHN STEALLY . I am a master lumper. The prisoner was employed by me, on the 12th of November, to get this copper into the ship—he continued to work there till the Saturday—this copper was tne property of Mr. Christopher Biden—I swear there was copper in the ship with the same mark as this—here is "P G." and "S" on the copper—there were four hundred and forty-three tiles of copper.
Cross-examined. Q. Had you seen this mark before the prisoner was charged with stealing it? A. Yes; when it came to the ship every tile passed through my hands—all that were marked had this mark on them—some had no mark on them—there are fourteen tiles of copper deficient.
(Patrick Sullivan, labourer, Blackwall; and Robert Fletcher, of Poplar; gave the prisoner a good character.)
GUILTY . Aged 35.— Confined Nine-Months.
THOMAS GEORGE SIZER . I am in the employ of Mr. Lawrence Kennedy—he lives in High-street, Shadwell. On the evening of the 17th of November, between six and seven o'clock, the prisoner Eves came to the shop and took a pair of trowsers off our shelf—she went away—I went after her, but did not overtake her—I returned, and in about a quarter of an hour she came to the shop again, and offered to pawn a pair of pattens—I questioned her about them—she said her father and mother bought them, but she did not know where, or what they gave—I asked what she had got in her apron—she replied, "Nothing;" but I opened her apron, and saw another pair of pattens—I said I suspected she had stolen them, and sent for the officer—I then accused her about the trowsers—she said she had taken them, but another girl outside would pay her part.
JAMES FORBES . I am an officer. On the 17th of November, at half-past six o'clock in the evening, I was called to take Eves on this charge—I found the trowsers at the pawnbroker's—I then went to Weatherstone, and took her.
EVES— GUILTY. Aged 10.— Judgment Respited.
WEATHERSTONE— NOT GUILTY .
FRANCIS EDWARDS . I keep a linen-draper's shop, in Newgate-street. The prisoners came into my shop last Wednesday, about two o'clock in the afternoon—they asked me for some prints, and as I turned to get them, I saw Mason hand to another girl, who is not here, something, but I could not tell what—I looked into the window, to see what it was, and out of five or six pieces of handkerchiefs, I missed one—I had seen them all safe five minutes before—I told Mason that the other person had taken a piece of handkerchiefs—she said she would go after her—I sent for the officer, and gave the two prisoners into custody—I saw them searched at the Compter—they had nothing on them—I have heard to-day, that the handkerchiefs are in the other person's hands, and I think I shall find her.
Mason. He has taken a false oath. I was not near the window—he said the girl who came in was marked with the small-pox.
ROBERT COOKE . I am shopman to the prosecutor. I saw the handkerchiefs in the window—no one but the prisoners could take them—I did not see them taken—the other person was younger than Mason, I think.
MASON— GUILTY . Aged 17. LAWSON— GUILTY . Aged 14.
Confined Six Months.
EDWARD TOMPKINS . I am a butcher, and live in Tottenham-court-road. The prisoner had been three or four months in my service—on the 12th of November, I found a shilling behind the drawer of a table in my shop—I marked it and placed it there again—that was about eleven o'clock—I looked again, and it was gone—I then asked the prisoner to give me 2s., and I would give him half-a-sovereign, as I owed him 8s.—he did so, and one of them was the shilling I had marked—I was talking to his father—the prisoner went away, and did not return to my service.
Cross-examined by MR. PHILLIPS. Q. Did you not meet him outside his father's house? A. Yes; it was then I asked him for the 2s.—as I was going to give him the half-sovereign, he pulled out two half-crown—I said, "Give me two shillings, John"—I did not want a half-crown—I had no 'sixpence in my pocket—I did not give him the half-sovereign—I should have given it to him if he had not gone away—he said he had taken 3l. 16s. at market, and it was while he was gone to get that that I saw the shilling—he told me the shilling he gave me was out of the 3l. 16s.—I did not see his father afterwards, to my knowledge, to have any conversation with him.
Q. Did you not say to him, "I could prosecute your son, but I will not for your sake, as I am myself a father?" A. I do not recollect that I did—I might have said so—the prisoner did not come to me to demand his wages—a gentleman, named Jemmett, whom I supply with paunches, came to my shop on Saturday evening, and the prisoner came to ask me what was to be done about Mr. Jemmett, and in my shop he was taken.
NOT GUILTY .
OLD COURT.—Saturday, November 29th, 1834.
Third Jury, before Mr. Common Sergeant.
133. HENRY JOHNSTON was indicted for that he, on the 29th of October, feloniously did forge an order for the payment of 2l. 10s., with intent to defraud Lewis Harris.—2nd COUNT. For feloniously uttering, disposing of, and putting off a like forged order for the payment of money, well knowing it to be forged, with a like intent.
LEWIS HARRIS . I live in High-street, Shadwell. The prisoner and another man came into my shop on the 29th of October—he asked me if I would cash an advance note for him—it was a note for a month's advance wages—the other man gave me the note—I did not know him—they looked out clothing to the amount of 2l. 1s. 6d.—I gave them 8s. 6d. cash—the note was for 2l. 10s.—this is the note.
Prisoner. Q. Did I ask you to cash the note? did not you ask me if I would have it cashed? and did not I tell you that I was going to a woman who always cashed my notes? Witness. He and the other together asked me to cash the note, and afterwards the prisoner said an old woman would cash it, and give him all the money for it—both of them came in together, and the other one asked me to cash the note—the prisoner said he had a note also, but he would get an old woman to cash his note—he did not show me any note—he helped to look out the things and bargained for them—when I asked the price, he said it was too much, and beat me down for most of my clothes—I was to take the clothes on board the ship next morning, but I could not find such a ship; and have got them now—the clothes were to fit the other man; and the other man had the 8s. 6d., and gave me the cheque.
NOT GUILTY .
ELIZABETH SHEPHERD . I am the wife of Edward Shepherd, who keeps the Green Man, Wapping-wall. I know these pots, which have our name on them—I cannot say when we lost them—we have been in the habit of losing pots for thirty years—I missed similar pots to these, constantly, within the last few weeks—one pot it so much like another, I cannot say whether these are those we lost.
RICHARD BARBER . I am a policeman. I was at the King William, New Gravel-lane, last Monday night week—the prisoner was turned out by the landlord, and created a disturbance—I shoved him from the door—his hat fell off; and one of the pint pots fell out of it—it has Edward Shepherd's name on it—I asked how he came by it—he gave no answer—another constable came up, and found another in his left side jacket pocket, and at the station-house we found another in his right trowsers pocket—he would not state how he came by them.
(The prisoner in his defence gave a long account of his having gone to a room with a female, who had left him, taking 7s. 6d. of his money, and he took the pots from her room, intending to keep them till she returned his money.)
NOT GUILTY .
Before Mr. Baron Bolland.
MESSRS. PHILLIPS and BODKIN conducted the Prosecution.
JAMES BEEBE . I am a working-silversmith, and live in Red-lion-court, Clerkenwell. The defendant is a working-goldsmith—about the 15th or 16th of October, I gave him an order to make a plain gold standard ring, the weight was to be 6 dwts. 15 grains—eight or ten days afterwards, I received
a ring from him—I did not take particular notice then, whether there was a stamp on it, but I think there was—I returned the ring to him to be made a little heavier—it was returned to me, altered, in a day or two afterwards—(looking at a ring) I cannot say whether this is it—I had it so short a time in my possession, and took so little notice of it—it is so altered, I cannot say whether it is the ring—I should say it was not, from the appearance, because it has been chased since—I delivered to Gleeson the same ring that I received from the prisoner—it was at that time quite a plain ring.
Cross-examined by MR. ADOLPHUS. Q. When you returned the first ring you received from him, did you return it alone, or with several other rings? A. Alone—I think the ring was brought to my door—my servant brought it into the shop to me—I do not know from whom she had it—it was left at the door—she took it in, and brought it to me—it came with some wedding-rings—I took it into my shop, weighed it, and sent it to Gleeson—it weighed 6 dwts. 15 grains, which was the weight ordered—the duty on gold is, I believe, 17s. an ounce—I have known the prisoner some time—I knew him when he was apprenticed six or seven years—he has been in business for himself two or three years, and has done a good business in that time—he always bore the character of a respectable, honest young man; very much so—he was employed by very respectable gentlemen.
JOSIAH SHARP . I am deputy touch-warden of Goldsmith's Hall, and reside there. Mr. McMinn called on me on the 1st of November, and brought me this ring—in consequence of what passed, I subjected the ring to a certain process—it was not the colour it is now; the process has changed it—I found the Company's mark had been transposed on examining it—the mark has been taken from one piece of gold and put into the ring produced—the three marks, the duty mark and two of the Company's marks, (the lion passant is one of them,) they have all three been transposed—the small Roman "t" denotes the date—jewellers deposit at the Hall a certain mark, by which their own work may be known—the prisoner's mark was "J.O."—I find that mark on the ring—I attended at Hatton-garden on the 6th of November—the prisoner was there, and the ring produced, discoloured as it was by the process—I do not think he could see it distinctly—I do not recollect whether it was shown to him or not—what he said was taken down, in writing—I have kept the ring safe ever since.
Cross-examined. Q. Has any other goldsmith the private mark of "J.O.?" A. We have another mark entered "J.O.;" but nothing like the mark on this ring—it is not the same size, and it differs in the form of the letters—if he had parted with his mark on a ring, any goldsmith could certainly transpose it as well as him.
COURT. Q. Is his private mark transposed? A. It is; as well as the Company's mark.
LESLEY ALEXANDER, ESQ . I am prime warden of the Goldsmith's Company. On the 6th of November, I had a conversation with the prisoner at Goldsmith's Hall on the subject of the ring—he attended before the Board that day—he had been sent for respecting the ring—I exhibited the ring to him, and asked him if it was his mark and manufacture—I took up the ring, put it into his hand, and asked him if it was his mark and manufacture—he stated that it was both his mark and manufacture.
Cross-examined. Q. Did you ask that in two questions, or one? A. I think, to the best of my knowledge, I asked if it was his manufacture and his mark—he said, "Yes, it is"—he looked at it—I am not aware that he could tell it, except from seeing his mark on it.
THOMAS MALLETT . I am clerk to the Magistrate at Hatton-garden. I was present when the prisoner appeared on this occasion, and I acted as clerk—the ring was produced—he heard the depositions of the various witnesses against him—they were read over to him—he was first brought up on the 6th of November, and committed for examination till next day—only a short examination was taken on the 6th—he appeared again on the 7th—he was asked on the 6th, if he had any thing to say, and his answer was taken down by me in writing—it was not returned with the depositions—I have the book in which I took it down—(Mr. Sharp, the witness, was examined previously, and the ring produced)—(reads)"The prisoner says, 'It was sent to me to be made by Mr. Beebe, of Red Lion-square, a spoon-maker—I made it, and sent it home—it was returned to me to make heavier, and a little smaller—in doing so, I obliterated the Hall mark; and the party sending to me, that the ring must be sent home that day, I destroyed another ring, and put the Hall mark of it into this ring."—I took this down from his lips—I read it over to him afterwards, and he corrected one error which I had made, and I have now read it according to his correction—this deposition is my handwriting—the prisoner dictated that declaration to me—it was in answer to a question, whether he had any thing to say?—that was on the 6th of November—(reads) "The prisoner says, 'The ring now produced is a genuine ring—it has been stamped at the Hall—it has been sent there with my work."
Q. Which of these statements was made first? A. I am fearful—indeed, I am persuaded, there is an error in the date of this deposition—it was not taken on the day of this introductory examination—it was on the 7th of November—the date of this ought to be the 7th—the statement I first read was given first in order—there was no threat or inducement held out to him.
Cross-examined. Q. Was Mr. Sharp there at the time, on the 6th of November? A. He was—he could have heard the statement which is written in the book, as well as me—I have not returned it among the deposition to the Court—it was not signed by the defendant—it was taken down by me in the performance of my duty—it depends on the Magistrate's directions about sending it to the Court when we come to the formal examination for trial—Mr. Laing heard me read it to the prisoner on the 6th of November—what he said on the 7th was returned—I do not believe the prisoner took the ring into his hand—I rather think he did not—I am sure he must have seen it—he was standing at the table where I was sitting—it was produced at one time within the space of one yard of him, I think, but certainly within the space of two yards—I do not say he could see the letters "J. O"—it was in Mr. Sharp's hands and the Magistrate's, and I rather think I took it up for a moment—I was not aware of the error in the date of the deposition till this moment—it is my error—I think Mr. Alexander was at the office on the 6th.
MR. ALEXANDER re-examined. The ring was shown to the prisoner at Goldsmiths' Hall—I gave it to Mr. Sharp.
J. SHARP re-examined. The same ring Mr. Alexander gave me was produced at the office on the 6th of November.
Hall. The mark transposed to this ring is the genuine mark of the Goldsmiths' Company.
JEREMIAH FULLER . I am one of the assayers of the Goldsmiths' Company. I produce the book in which the various manufacturers of gold and silver have their private marks entered—I have the prisoner's private mark here—it is "J.O."—I witnessed the impression taken from the mark.
(MR. ADOLPHUS addressed the Court and Jury on behalf of the prisoner.)
(John Green, jeweller, Hatton-garden; Edward Walker, tool-maker, Red-lion-street, Clerkenwell; Mr. French, jeweller, Newcastle-place, Clerkenwell; Mr. Bult, goldsmith, Cheapside; Arthur Johnson, assayer, Maiden-lane, Wood-street; James Harrison, collector for the Orphan-school, City-road, living at Kennington-cross; John Simon, jeweller, Clerkenwell-green; Thomas Smith, wine-merchant, Angel-court, Throgmorton-street; William Henry Street, watch-gilder, George-street; Goss Knight, coal-merchant, Catherine-street, Dock-head; Thomas Gleeson, jeweller, Clerkenwell-green; William Cole jeweller, Hobb's-buildings, Aldersgate-street; William Vorley, jeweller, Red-lion-street; James Cooper, goldsmith and working-jeweller, Percival-street; Andrew Oakley, St. John-street, Clerkenwell; George Ibbertson, broker, Cumberland-place, Newington-butts; Charles Ellis, builder, St. James's-walk; William Henry Donomore, publican; Abraham Scott, wholesale jeweller, West Smithfield; and Francis Shepherd, window-blind-maker, Aldersgate-street, deposed to the prisoner's good character.)
GUILTY. Aged 25.—Strongly recommended to mercy by the Prosecutors and Jury.— Judgment Respited.
Before Mr. Baron Bolland.
JAMES CHARLES WOLLEN . I live in New-street, City-road. About half-past ten o'clock in the morning of the 12th of September, I was in Cornhill, sitting in Laithwaite's newspaper-office, (where I am shopman,) opposite 'Change-alley, Cornhill, under the Royal Exchange—I had a full view of the street—I heard a number of people calling out to a cart to stop—I immediately looked, and saw a man, whom I knew as a porter, under a cart—I did not see the cart before the wheels had gone over him—I cannot tell at what rate it was going previous to the accident—when I saw it, the wheel had gone over the man—it was going at a fast rate, and had only one horse in it—was a particularly heavy cart, and had only two wheels—there was nobody in the office, and I could not leave it—the man was taken up, and taken into' Change-alley—I did not go over—I should say, at a guess, the cart was going at the rate of five or six miles an hour after it had gone over the man.
Cross-examined by MR. WALESBY. Q. He was down on the ground when you first saw him? A. He was; whether he slipped down, or was knocked down, I cannot say—the cart continued to go fast till it was stopped, which I should say was twenty-five or thirty yards—that might take two or three minutes—I could not see any body who was in the cart—there was nothing near till the accident occurred—the cart was in the road by itself—I saw nothing but that vehicle, till two or three minutes afterwards.
RICHARD BALLARD . I am a policeman. I was in Cornhill, about half-past ten o'clock on the morning of the 12th of September, standing on the pavement—I saw the cart coming at the rate of five or six miles an hour towards the Poultry—I was nearly opposite Laithwaite's shop—I saw John Sanders take a newspaper in his hand, from Holmes' newspaper shop window; he was coming across, from the Royal Exchange, with it in his hand—he was not reading it—there was no carriage at that present moment—to the best of my knowledge he had spectacles on—he generally wore spectacles—he either had them on, or in his hand—he was a short-sighted man—I saw the cart coming—I hallooed three or four times to the persons in the cart—Sanders was then seven or eight yards from the cart, I suppose—I should think any body could hear me—the cart kept coming on—the horses touched him, knocked him down, and he went under the wheel—the wheel caught him, and dragged him for four or five yards—the younger prisoner was driving, and the other sat alongside of him—it was a calenderer's covered cart—the horse appeared rather spirited when I caught hold of him—it went five or six yards before I stopped the cart—if the eldest prisoner had not got Hold of reins, I could not have stopped him myself—I saw no other carriage near—there was nothing to prevent their seeing the person cross—the street was quite clear—I should imagine Sanders to be between fifty and sixty years old—he was rather infirm—his name was John—I did not see what became of him—I stopped the cart, and asked the eldest prisoner whose cart it was—he said his father's—Mr. Reynolds, seeing the accident, went to the Mansion-house, and they were taken before the Lord Mayor, who asked Johnson what he had to say—he said he was very sorry, but he had merely given the reins to Miles to drive—Miles was afterwards apprehended—it did not appear to me that there was any violent driving—Sanders might have slipped—I did not see him slip—it was quite accidental, from what I saw—the boy was not whipping the horse.
Cross-examined. Q. Did the boy, who had the reins, try to stop the horse as well as he could? A. Not that I saw; but when I caught hold of the reins, the eldest one took hold of them, and by his assistance I stopped it—the cart was seven or eight yards from Sanders when I first saw it—Sanders was on the ground almost momentarily—I did not notice a cab pass before the cart came up to him—I cannot say whether a cab had passed just before—there was no omnibus near—there might have been something up higher in the street—I cannot say there was not an omnibus twenty or thirty yards higher up the street.
COURT. Q. Which side of the horse went against the deceased?—had he passed in front? A. I was standing on the left side, and the other side of the horse caught against him—he had not passed the horse.
ELIZABETH KEMBELE . I live in Green-yard, Sandys-row, Spitalfields. I was in Cornhill, on this morning, standing in front of the Exchange—I saw Sanders cross over with a newspaper in his hand, and spectacles on—I had known him two years—he was not reading the paper—I do not think he was very near-sighted—I saw a tilted cart coming along fast—I could not see who was in it—I heard the policeman call out to the person driving—the policeman was on the other side of the street—my face was towards Bishopsgate-street—when I turned round, the deceased laid in the middle of the street—the cart had then gone over him—I did not see the accident happen—I was beyond the Exchange towards Bishopsgate-street—how it happened I cannot tell.
THOMAS BRAN WHITE . I live at the Ship public-house, Artillery-street. I was at the bottom of Change-alley, in Cornhill—I saw Mr. Sanders with the newspaper in his hand—I have known him about six months—he was a porter, and between fifty and sixty years old—I do not think he was near-sighted, for he went about without glasses, except when he was reading—I do not know whether he had them on that morning, but I picked them up when he was run over—I saw him crossing the road, and observed a cart coming at rather a quick pace—not violently, but faster than carts generally do in Cornhill—I did not notice who was driving it—my attention was directed to Sanders—I saw the cart coming so quick I thought he must be run over—I ran to him just as he was knocked down by the horse—the horse ran against him—he was on the other side of the way—I was going to stop the horse if I could, but it went on, and I saw the wheel pass over his body, across his ribs—I picked him up, and took him into Change-alley—I sent for a surgeon, who came, and I took him to the Borough Hospital on a shutter—he died about five minutes before we got to the hospital—he was rather infirm in one foot, I think—I think, if there had been proper caution used, or a stronger lad had been driving, the accident would not have happened—the cart was five or six yards away from him when he was crossing—he was generally a nimble man—the cart was certainly going faster than usual—he went in front of it.
Cross-examined. Q. The cart was five or six yards from him, when you first saw it? A. Yes—I did not go over the road then, but as soon as I saw the situation he was likely to be in—I was just in the act of running over to him, and I saw him knocked down—I do not think he slipped—I was standing still on the pavement when it happened—I think he came forwards when the horse struck him—I think he was pressing forwards, trying to get across the road—I did not notice whether any carriage had passed just before—my attention was fixed on him—I think it was pretty clear just about there.
MICHAEL MCNALLY . I live at the Ship. I was standing near White, and heard several voices of people—I had my back to the cart at the moment—when I heard the voices I turned round, and saw the cart three or four yards before Mr. Sanders—it was coming at rather a fast rate—I should think Sanders must have seen the cart—he appeared to me to be confused, finding the horse so close on him, and hardly knew which way to go—Miles, the younger prisoner, was driving—the horse was rather lean—I should think he was not very spirited—the horse, or the shaft, knocked Sanders down, and the wheel went over his body, but previously it dragged him along a little.
Cross-examined. Q. Did you see where Johnson was sitting? A. No, I did not see him at all—Miles had hold of the reins, but I was so confused I cannot say whether he tried to stop the horse—I cannot say whether the deceased slipped at all.
JOHN PARKER . I saw nothing of this till the accident was over—I live in Gracechurch-street, and am the street-keeper—I have known the deceased many years—he was nearly sixty years old, I think—he was lame in one knee—I do not think he was deaf—he was in the habit of walking from Stratford night and morning—he lived there.
six of his ribs on one side, and seven on the other fractured—a heavy cart going over him would produce such an injury.
THOMAS JOHN SANDERS . The deceased was my father—he was fifty-nine years old—he was rather infirm in one side, from the effect of something of paralytic stroke—his name was John—his sight was very good—he only wore spectacles when he was reading.
NOT GUILTY .
Before Sir John Cross, Knt.
JOHN THOMAS AYRES . I live in Tooley-street, and keep a silver-smith's shop. This robbery took place at No. 22, Commercial-road, where I have a shop, it is about two miles from where I live—I have two servants residing there.
JANE SHERMAN . I am in the employ of Mr. Ayres, and live and sleep at his shop in the Commercial-road. Last Saturday the prisoner came into the shop, and asked to look at a watch, marked 4l. 10s., about nine o'clock in the evening—there was another marked 5l. 10s., which hung in the window—I showed him them both—he said he would consult he friend whether he would give so much, and return again in half an hour—he came back about ten o'clock—he said he had been gone longer than the time he mentioned—he asked for the watch—I showed him one of them again—he then asked for the other, to look at them both again—he then asked what was the least I would take for the 5l. 10s. one—I told him five guineas—he then asked if I had keys to fit them—I went to the glass-case, on the counter, to get the keys, and while I was getting them he ran off with the watches—the lad in the shop pursued him—he was taken up immediately, taken to the station-house, and searched there—he took both the watches—I saw them that evening at the station-house—I saw him searched—the watches were not found on him—the policeman produced them—I knew them again immediately—these are the watches—I am certain he is the man—Mr. Ayres pays die vent and rates of the house.
SEPTIMUS PHILLIPS . I was in the shop when the watches were taken away. I saw the prisoner in the shop—I am certain he is the man—when he ran out with the watches, I ran after him, crying, "Stop thief!"—I did not lose sight of him till the policeman caught him—he was stopped immediately.
EDWARD PILBROW . I am a policeman. I stopped the prisoner, whom I saw running up the Commercial-road, towards me—I kept on the pavement, till he came nearly abreast of me—I then sprung from the pavement—he immediately dropped the watches—I caught hold of him with one hand, and picked them up with the other—I have produced them.
Prisoner. If actual necessity can be a palliation for the mitigation of sentence, I humbly throw myself on the mercy of the Court.
GUILTY . Aged 21.— Transported for life.
First Jury, before Mr. Recorder.
JOHN PHILLIPS . I live in Great Chapel-street, Westminster. On the afternoon of the 12th of November, I met the prisoner at the corner of York-street, with a deal-box under her cloak—I suspected it was mine—I went to my house to make inquiry—I then went after the prisoner—I came up with her in Snow's-rents, and gave her in charge of a policeman—she then had my box in her possession.
DAVID PHILLIPS (police-constable B 15.) I received the prisoner in charge, with a box in her hand, which I produce—she said she was sorry for it—it was Mr. Phillip's box, and she took it from his door.
GEORGE EDEN ROTHE . I was a policeman on the 27th of March, 1831, I know the prisoner—I produce a certificate, which I obtained at Mr. Gilley's, the Clerk of the Peace's office, at Westminster. I was present at the Westminster Sessions, in 1831, when the prisoner was tried and convicted—she is the person mentioned in the certificate (read.)
Prisoner's Defence. I am sorry for what I have done—I was very much in liquor at the time—I never went by any name but Hilburn—I own I was tried at Westminster Sessions, and had two months.
MR. PHILLIPS. She was sober.
GUILTY . Aged 53.— Confined Six Months.
139. CAROLINE CUNNINGHAM was indicted for stealing, on the 14th of November, at St. Mary, Islington, 4 gowns, value 4l. 10s.; 1 fur boa, value 1l.; 3 pairs of stockings, value 3s.; 1 shawl, value 1s.; 5 handkerchiefs, value 2s.; 5 aprons, value 2s.; 1 night-gown, value 1s.; and 1 shift, value 2s.; the goods of Ruth Allen; and 1 cloak, value 50s.; 2 pairs of stockings, value 4s.; and 3 night-caps, value 1s.; the goods of William Powell, in the dwelling-house of Richard Bonniwell; and MARY WIGLEY was indicted for feloniously receiving 1 fur boa, and 1 shawl, part of the said goods, well knowing them to have been stolen as aforesaid.—2nd COUNT. For receiving them of an evil-disposed person.
RUTH ALLEN . I am a single woman, and live at No. 27, Sidney-street, Goswell-road. The prisoner Cunningham lived with my sister nearly five months, as servant of all work—on the 14th of November, I missed all the articles stated in the indictment—I have since seen them—the prisoner went out on the 14th, and told me she was going to buy a thimble—she returned in two hours—Mr. Powell lodged in the house—my own things were worth 6l. at least, and Mr. Powell's, 2l. 15s.—I am certain the whole exceeded 5l. in value—the house is in the parish of St. Mary, Islington—Richard Bonniwell rents it—I lodge with him—he is my brother-in-law.
RICHARD BONNIWELL . I live at No. 27, Sidney-street, and am a modeller. Allen lives in my house—Cunningham was my servant—I recollect her going out on the 14th of November—when she came back, she said she had been looking after this property, which we had missed about two hours before—I went to the station-house and gave them a list of the property lost—and in consequence of information, I went to Wigley's house, in Rawstorne-street—I found her in the upper bed-room there, and the policeman took the crape shawl from the back, or under the bed, in my presence—I afterwards went to Cunningham's father—he represented himself as her father when he came—I afterwards went to a house in Vittoria-street, White-Conduit-fields, and found Cunningham in the back parlour, and all the property in that room, except the boa and shawl—the shawl was found at Wigley's, and the boa was found in pawn—the cloak, stockings,
and other things, I found in Vittoria-street, tied up in two of the aprons—I asked Cunningham where the property was—she said she had not got it—I said, "We know all about it," and then she said it was at Wigley's—the policeman, looking under the bed, took the bundle from there—a person represented to be Cunningham's uncle, was also in the room with her.
FREDERICK MILES (police-constable G 14.) On Friday, in consequence of information, I went to Wigley's, in Rawstorne-street, and afterwards to Vittoria-street—I found Cunningham there, and the property under the bed in the room, except two articles—I have them here, and produce them—I have the shawl, found in Wigley's room.
JOHN HOWITT . I am shopman to Mr. Blackburn, of Myddleton-street, Spafields. I have a boa, pawned by Wigley on Friday evening, the 14th of November, for 5s.—she said she pawned it for a person named Cogan—I put both names on the duplicate—she said she had made a dress for the party, who could not pay her, and had given her the boa instead of it—the was a regular customer—she told me not to put her name on the duplicate, but Cogan's—I asked how she came by it, not expecting a poor woman like her to have such a thing—but I thought her story feasible—I should think the boa would fetch 12s. or 14s. second hand.
Wigley. I dealt at his shop a long time, and never did wrong before. Witness. She has always been honest in her dealings with us—I have known her since June, 1831—I think her present misdemeanor was through drink.
(Property produced and sworn to.)
Cunningham's Defence. When I knew Mrs. Wigley first, I took her a gown to make—I was in a situation—she persuaded me to leave the situation, and go and lodge with her, and not with my mother—she was in the habit of telling fortunes, and persuaded me to take the things, as I should be a lady—my father and mother have not been near me in prison—I never did wrong before in my life—she has got all my clothes in pawn—a frock and several things—she was at me a long time before I took them.
Wigley's Defence. What she has said is utterly false—I never persuaded her—I never knew her do wrong—she brought me a frock to make, which I did—I did different jobs for her, all of which, I am confident, was her own property—she never before brought any thing to my place but her own—as to my persuading her to take the things, it is false—she brought a bundle to my house, and said it belonged to a young friend just leaving a situation, and she would call for it on Wednesday—I unfortunately pawned the boa, but I declare before my Maker, I did not know it was stolen.
RICHARD BONNIWELL re-examined. When I took Cunningham into my service she was friendless—her parents are very poor, but strictly honest—she conducted herself with propriety till within two months, when she got into company, which has been the cause of this.
FREDERICK MILES re-examined. I found the shawl at Wigley's, at the back of the head-board of the bedstead, quite concealed—she said, "Oh, my God, I did not know it was there"—she said so before I charged her with any thing.
CUNNINGHAM— GUILTY . Aged 15.— Transported for Life.—Recommended to mercy, believing her to have been seduced by others.
WIGLEY— GUILTY . Aged 36.— Transported for Fourteen Years.
WILLIAM EDWARD RAMSEY . I am in the employ of Mr. Hall, a pawnbroker, in High-street, Marylebone. On Saturday, the 22d of November, the prisoner came to the shop, and produced a silver tea-spoon—I asked whose it was—she said it was her own, and gave me the name of Ann Barker—I asked how she came in possession of it—she said she bought it of a young man the Monday before—the initials "J. E. B." were on it—I asked her what the initials were—she said she did not know, for she could not read—I turned round to speak to a young man, and she ran out of the shop, leaving the spoon in my possession.
JOHN MARTIN HEIGH . I am in the employ of Mr. Jones, of South-street, Manchester-square, pawnbroker. I have two silver tea-spoons, pawned by the prisoner on the 22d of November, for 3s., in the name of Ann Barker.
Prisoner. I never was in his shop—I was in the first gentleman's shop. Witness. I am convinced she is the woman—I questioned her particularly if they were her own.
THOMAS FREEMAN . I am shopman to Charles Walter, pawnbroker, High-street, Marylebone. I have a silver spoon pawned on Saturday, the 22d of November, in the name of Ann Barker—I believe the prisoner to be the person.
JAMES BARKER . I live at No. 23, Devonshire-place, Lisson-grove. The prisoner occupied a back room on the same floor as me, the first floor—the landlord's name is Hatchman—I am only a lodger—the tea-spoons were worth 8s.—I saw the prisoner on Friday, but I do not recollect seeing her on Saturday—the spoons were safe on the Saturday Morning.
(Property produced and sworn to.)
WILLIAM HOOKER (police-Serjeant D 3.) On Saturday, the 22d of November, I took the prisoner into custody—I asked where she got the spoon which Ramsey produced—the said a woman named Barker, at the corner of East-street, gave it to her—I could not find that woman—I took her to the station-house, and in about two hours she called me to her, and said, "The feet is, I found the spoons in the dust."
The prisoner put in a written defence, stating that she had pledged one spoon, which she had found in the dust-bin, but declaring she had no knowledge of the others.
GUILTY of Stealing only.— Confined Six Months.
141. GEORGE SHORT was indicted for stealing, on the 1st of November, 3 spoons, value 25s.; 4 candlesticks, value 1l.; 1 tea urn, value 10s.; two table-cloths, value 8s.; 1 tea-kettle, value 6s.; and 1 tea-pot, value 4s.; the goods of Sarah Dolan, his mistress.
SARAH DOLAN . I am single, and keep a school in Percy-street, St. Pancras. The prisoner's wife was in my service—he and his wife lived in my house—he assisted his wife in cleaning windows, boots and shoes,
and knives, and had the privilege of getting employment in my house—he cleaned boots for my lodgers—he and his wife quitted the house; and after they were gone, I found a letter, which I believe to be his wife's writing—it was not his writing—I found some duplicates on the table, and I missed this property.
CHARLES SHEARCROFT . I live in Howland-street. I went to a house, No. 35, Seymour-place, Bryanston-square, in search of the prisoner—I knocked at the door, and tried it—I then fetched another constable—I was left alone there, and heard something move in the room inside—the prisoner opened the door—I called out—he struck me, knocked me backwards on the staircase, and went down the stairs—I got up, ran after him, calling out "Stop thief," and he was secured.
WILLIAM WALKER (policeman E 22.) I went with Shearcroft to No. 35, Seymour-place, on Wednesday evening, the 16th—on returning I found the prisoner had escaped—I afterwards saw him at the station-house, in Harcourt-street—I received some duplicates from Mrs. Dolan.
JOHN PAROLEY . I am shopman to Mr. Attenborough, a pawnbroker of Charlotte-street. I have a tea-spoon, a table-cloth, some shirts, candlesticks, a metal tea-pot, a tea-kettle, two silver table-spoons, and a pair of candlesticks, pawned by the prisoner.
(Property produced and sworn to.)
Prisoner's Defence. Distress drove me to it—when we first went to the house, I was to have 8s. a week, which we had for four or five weeks; and afterwards, when Saturday night came, perhaps we got three or four or five shillings—we had to pay a girl 1s. 6d. a week, and find her in victuals, to mind our children—being out of employ, I parted with my bed and chairs before I touched any of the property—I did not pawn these things with a felonious intent, but intended to get them out again—I round I was not able, and was afraid to see her—I left the tickets on the table with the letter—I have three children, and my wife ready to lie in with another.
MRS. DOLAN re-examined. He has received 8s. a week up to the time he was taken—I told his wife if it was any accommodation to her, I would pay her weekly, and if she wanted a few shillings, always to let me know—I paid him all that was due to hint, except 2s., and I told his wife she should have the money, but they left before I got up.
GUILTY . Aged 28.— Confined One Year.
142. EMMA JOHNSON and ELIZA HUTCHINSON were indicted for stealing, on the 25th of November, 1 jacket, value 10s.; 1 waistcoat, value 3s.; 2 shillings, and 2 sixpences; the goods and monies of Isaac Griffiths.
ISAAC GRIFFITHS . I belong to the brig Sharp, which laid in the London Docks. I went home with the prisoner, Johnson, last Monday night, to Sun-court, St. George's-in-the-East—I put my trowsers under my head, and my jacket and waistcoat on the chair—I had 3s. in silver, and a few halfpence—in the morning Hutchinson came and knocked at the door—Johnson opened the door—Hutchinson began to curse and swear how she was to get her rent to pay that morning—she sat down on the chair where my jacket and waistcoat were—Johnson then tried to cover my head with
the bed-clothes—I turned my head on one side, and saw Hutchinson run down stairs with my jacket and waistcoat—I tried to go out after her, but could not get out of the room—Johnson was in bed with me at the time—I put my trowsers on, and she said she would bring my jacket back directly—I took her bonnet and a tea-tray down, and thought that would bring my things back again, but it did not, and I went for a policeman—I missed my waistcoat and 3s.—I never gave them leave to take them.
Johnson. I asked you what money you had got—you said, "I have got none, but I will leave my jacket and waistcoat till the morning till I go on board." Witness. I did not.
Johnson. He put them in the chair, and in the morning I went down and asked Hutchinson to pledge them, that I might give him the duplicate before he left—I returned up stairs—she came up and took them, and then he said, "I will pay her to-morrow." Witness. That is not true—she did not say I was a stranger, and she could not trust me—I did not get up and put on my clothes till I saw Hutchinson run down with my jacket and waistcoat—my trowers were under my head, but my money was in my waistcoat pocket—I told her I had no money, but I had—I told her I had only sixpence and twopence, not wishing her to know how much money I had—she said, "Never mind the money, pay me another time"—she asked me to give her a quartern of gin—I said, "Well, give me a night's lodging, and I will give you a quartern of gin."
WILLIAM JAMES CRIPPS . I am assistant to my father, a pawnbroker, in King's-place, Commercial-road. I have a jacket and waistcoat, pawned on Tuesday last, for 8s.—I cannot say who by—they were thrown on the counter—I cannot say by which of them—the name of E. Johnson was given—two females brought them.
JOHN MITCHELL (police-constable K 161.) I went to No. 7, Sun-court, with Griffiths, and found a duplicate of the jacket and waistcoat produced—I found Johnson against the watch-house, in the afternoon—I had been looking for them all the morning—I found Hutchinson at the watch-house afterwards—she came to see after Johnson—she said, "Yes, I am the one you want—do you think I would let a brat of a boy like that sleep with me and pay nothing?"
ISAAC GRIFFITHS re-examined. On my oath I did not give permission to either of them to take my jacket and waistcoat—they did not ask my leave—I had no conversation with them about pawning—Johnson said I could pay her another time—I did not agree to leave my things with her—she did not ask me to do so, nor did I propose it—I was sober—I had been to the play that night, and could not get on board my vessel so late—I said I would pay her another time.
Hutchinson's Defence. I was in Johnson's company—the prosecutor met her, and asked her if he might go home with her—I left them about one o'clock—I got a light from their room, went down stairs to my own room, and went to bed—next morning she came and asked me to come up stairs, and pawn the jacket and waistcoat, as he had left it with her, for being with her all night—I knocked at the door—she opened it, and he was lying in bed, wide awake—he saw me take down the things—I heard a few words pass between them—what it was I don't know—she got up, and went to the pawnbroker's with me.
lodging—I found another woman in the room—the duplicate was in the lower part of the house, not in the prisoner's room which he had been in—that door was locked.
JOHNSON— GUILTY . Aged 19.
HUTCHINSON— GUILTY . Aged 27.
Transported for Seven Years.
NEW COURT. Saturday, November 29, 1834.
Fourth Jury, before Mr. Sergeant Arabin.
JOHN HARRIS . I am inspector of Bread-street watch. On the 26th of November, the prisoners were brought to the watch-house, between nine and ten o'clock—I found this handkerchief on Christie, in the back of his trowsers.
EDWARD WINTER . I am a watchman of Farringdon-Within. I saw the two prisoners following the prosecutor—I followed them—they crossed opposite the Old' Change—I saw Christie take up the tail of the prosecutor's coat, and take out his handkerchief—he went down St. Paul's church-yard—I asked the prosecutor if he had lost any thing, and he missed his handkerchief—I pursued and took the prisoners—the handkerchief was found on Christie—Swindell was close to him when he took it.
Christie. I took the handkerchief—this young man is innocent.
Swindell's Defence. I was walking down Cheapside—this young man asked me what time it was—he crossed the road, and the officer took me.
CHRISTIE— GUILTY .*— Transported for Fourteen Years.
SWINDELL— NOT GUILTY .
JAMES NEWCOMB . I am a warehouseman. On the 25th of November, I was in Fleet-street, at half-past eight o'clock in the evening, walking with John Knowles—I saw the prisoner take a handkerchief from his pocket—he offered it to another person, who did not take it, and it fell on the ground—the prisoner ran away—I pursued—and the watchman took him.
GUILTY .* Aged 15.— Transported for Seven Years.
The prosecutor did not appear.
NOT GUILTY .
146. ELIZA BROWN was indicted for stealing, on the 22nd of November, 1 pencil-case, value 6d.; 1 sovereign; 1 half-crown; 4 shillings; and 1 farthing; the goods and monies of James Smith, from his person.
JAMES SMITH . I sell goods in town on commission. On Friday night, 21st of November, between twelve and one, I met the prisoner in Aldgate—I had been out with some friends, and drank rather too freely—the prisoner took me to Rupert-street—I had between 2l. and 3l. in my waistcoat pocket when I went into the house, also a pencil-case, and some silver—I had one half-crown, several shillings, and a farthing—I was in a room with her about a quarter of an hour—I did not give her any sovereign—she asked for some gin, and I gave the servant 3s.; 2s. for the room; 6d. for the gin; and 6d. for herself—the prisoner went away almost immediately—I do not think any person but her could have taken my money—I missed it—she was taken in a few minutes—I did not see her again till the next day at the office—I have no doubt she is the person.
ELIZABETH BROWN . I was living there as servant. This gentleman and the prisoner came, to the house—I had seen the prisoner there before—the prisoner took a light, and showed the gentleman up into a room, and said she would settle with the landlady presently—she came down in about five minutes, and said she would not stop with him—the landlady said she should not go out of her house without him—she then said the would go up stairs again—I went up soon after, and asked the gentleman what he intended to do—he said, "To stop all night;" and asked what the room was—I said, "2s."—the prisoner then asked him for some gin—he gave me a shilling, 6d. for gin and 6d. for myself—the prisoner was then by his side, and when I came back from fetching the gin, she was standing by his side—she came down stairs soon afterwards, and said she would go—I said she should not go without the gentleman—she stood a minute, and then slipped out and ran away—my mistress sent the servant of the next house after her, and the prosecutor called out that he had lost his money—she was brought back.
THOMAS KING . I am a policeman. I was on duty about two o'clock that morning, looking at the fire at Rotherhithe—one of my brother officers saw the prisoner—he went and took her, but let her go, and said he could make nothing of her—I ran after her, and took her—I found on her 1 sovereign, 1 half-crown, 4 shillings, and 7 3/4.;d. this pencil-case she threw on the shelf in the house, and said it was of no use to her.
Prisoner's Defence. I met this gentleman in Aldgate—he asked me if I would take any thing to drink—we went to the Coach and Horses—he had a glass of port wine—I had a glass of rum—he threw down a half-crown, and received 2s. change—he then went with me to Rupert-street, and gave the servant 3s.—he was quite in liquors—he threw himself on the bed, and never arose till I left the room—he gave me 7s. 6d.—the other money I had given to me by a gentleman in the City—when I was taken the gentleman said I had not robbed him—this pencil-case was on the floor—I picked it up, and put it on the mantel-piece—I have used that house these five years, and never was before a Magistrate but once, and then I had a month.
money—this farthing, I can swear to—it was in the pocket where the sovereign was.
GUILTY . Aged 26.— Transported for Fourteen Years.
147. JULIUS WOOD was indicted for stealing, on the 21st of November, 2 corkscrews, value 2s.; 2 curtain pins, value 1s.; 2 spoons, value 4d.; 1 paste cutter, value 9d.; 2 hooks, value 6d.; 2 savealls, value 6d.; 1 padlock, value 9d.; 1 pepper-box, value 2d.; 3 lampscrews, value 6d.; 1 extinguisher, value 2d.; and 2 footmen, value 3s.; the goods of Thomas Joyce and another.
THOMAS JOYCE . I am in partnership with my father. We are furnishing ironmongers, and supply the Police with lamps and oil—the prisoner was our servant, and had to trim the lamps and supply them with oil—he had to go to the different station-houses—we had various complaints that the lamps did not burn for want of oil—we increased the quantity, and still there was the same complaint—we went to the station-house, and then to the prisoner's lodgings, in Hackney-road—he went with us—we there found the articles stated in the indictment, except the footmen—they are our property—we heard that he had bought a bedstead—he took us to another room, where we saw that, and there we found the footmen—we have lost more property than we have found.
GUILTY . Aged 20.— Confined Six Months.
WILLIAM HENRY LEE . I am a piano-forte maker. On the 24th of November, I went into the Sir Isaac Newton public-house, at the corner of York-street, Middlesex Hospital, with Mr. Withers—the prisoner and another woman were sitting there—I sat first by the fire-place, and then went and sat down by the prisoner—I left her—she came and sat down by me—I had in my pocket two half-crowns, one shilling, and some half-pence—I fell asleep while the prisoner was sitting by my side—my friend awoke me, and said he was going home, and would I have a drop more before he went—I said I did not care if I did—I put my hand into my pocket, and missed my money from my right hand breeches pocket, on which side the prisoner had sat—I taxed the prisoner with it—she called me a liar—my friend called in the officer—he came and took up her gown, to feel in her pocket, and one half-crown fell down—the policeman stooped to pick it up—the prisoner said it was only a half-penny—another half-crown then fell down, and she said that was a half-penny.
JAMES LUFF . I am a police-constable. I was called into the house—I found the prisoner, who was accused of stealing two half-crowns and a shilling—she drew up her gown, and drew a long knife out of her pocket—she then dropped one half-crown, and said it was only a half-penny—another then fell down, and she said that was another half-penny—I took her to the watchhouse, and found two half-pence in her pocket.
Prisoner's Defence. I went in, and had a pint of ale with a friend—the prosecutor came in, and asked us to have some gin—I wanted to get home, to get my husband's dinner, but he would not let me—he accused the pot-boy
of taking 1s. 6d. from him—the officer was then called, and searched me—I had nothing in my pocket—I had only a penny on me—the half, crowns I never had—I thought it was my two half-pence that fell down.
WILLIAM HENRY LEE re-examined. Q. Had you been changing your position? A. Yes; but this money could not have got out of my pocket—when the officer came, she was sitting opposite me, to the left of the side she had first sat on—I never had been where she was then sitting.
(William, shoemaker, of Rupert-street, and Ann Maitland, gave the prisoner a good character.)
GUILTY . Aged 58.— Confined Three Months.
FREDERICK JOHN MUNTON (police-constable G 145.) On the 20th of November, at half-past six o'clock, I was on duty in Ropemaker-street—I saw the two prisoners—Shelley had a bundle under his arm—I asked what it was—he said some parchment which belonged to that young man, (pointing to Gray who was behind him,) and it was some that his master had given him—my brother officer took Gray—we went to the station-house—in going along, Shelley said it was some that Gray bought of his master, that he had given it to him to carry, and they were going to Whitecross-street, to sell it to a drum-maker—I received information, and went to the prosecutor, who identified it.
NOT GUILTY .
The prosecutor did not appear.
NOT GUILTY .
151. ANN PRIDEAUX and EMMA FLOYD were indicted for stealing, on the 5th of November, 50 handkerchiefs, value 6l.; 9 pairs of half-boots, value 30s.; 21 pairs of shoes, value 2l. 12s.; 28 pairs of stockings, value 28s.; 2 shawls, value 7s.; 4 pair of stays, value 28s.; 2 frocks, value 12s.; 1 cap, value 8s.; 1 bag, value 2s.; 7 combs, value 10s.; 1 pair of gloves, value 1s. 6d.; 5 yards of muslin, value 5s.; 7 yards of cotton, value 7s.; 3 pairs of braces, value 6d.; and 14 yards of lace, value 11s.; the goods of Nathan Blake.
ELIZABETH BLAKE . I am the wife of Nathan Blake. We keep two shops, one for shoes, and one for haberdashery—I and Mary Ann Barton attend the haberdashery shop—I have known the prisoners some time—they have been customers at the shop—in consequence of missing a variety of articles, I went to their lodgings in Shouldham-street, on Thursday, the 6th of October—I found there some worked muslin belonging to us, which they said they bought in Oxford-street; but I showed them my private mark upon it—I then took a bag, which they said had nothing in it belonging to me; but I found in it a great number of duplicates of this property—they then began to cry, and said it was all over with them.
Cross-examined by MR. CLARKSON. Q. When had you seen that piece of muslin? A. I cannot say; it was perhaps six weeks, or two months, but I can swear it had not been sold—I have no doubt the articles were taken in small parcels, and at different times.
WILLIAM ELLIOTT (police-constable D 18.) I was taking the prisoners to the station-house on a charge of stealing a frock—I had these duplicates in a bag in my pocket—Prideaux said to me, "For God's sake, do not show them to Mrs. Blake"—I said, "You do not mean to say that they are all hen"—she said, "There is a great many of them, and I will tell you how we used to do; I used to take things, and she, poor girl," pointing to Floyd, "used to go and pawn them."
JOHN WARREN . I am a pawnbroker, and live in John-street, Edgeware-road. I produce two handkerchiefs, one pair of hose, one pair of stays, and a pair of shoes—I cannot say by whom pawned, but these are the duplicates.
HENRY GIBBS . I am a pawnbroker. I have eight pairs of stockings, fire silk handkerchiefs, one pair of child's shoes, one pair of women's half-boots, three pair of children's braces, which were pawned at different times by the prisoner Floyd—these are the duplicates.
Cross-examined. Q. Read the dates. A. The 5th and 23rd of April; the 4th of July; the 3rd, 9th, 16th, 20th, 27th, and 31st of October.
Cross-examined. Q. Give the dates. A. On the 7th, 14th, and 21st of October—they were pawned by Floyd.
(JAMES REARDON was called on his recognizance, but did not answer.)
ELIZABETH BLAKE . These stays are ours—they have a private mark on them—these shoes have our mark an them—I have looked at all this property—I have no doubt of its being ours—I cannot fix any time when these articles were taken—for the last six weeks or two months we have missed a great variety of articles when I have looked over my stock, perhaps two or three times a week—I particularly missed the silk handkerchiefs—I spoke once about the stockings—I cannot say how many times I missed articles—this pair of stays have not been sold; it is not a make that we frequently sell—I should have knows if they had been sold—it is customary to inform me when articles of their value are sold—no one but myself and Miss Barton sell stays.
Cross-examined. Q. What enables you to swear that? A. We have
but very few of this make—we had but two pairs two months ago—one pair is at home; this pair has not been sold—I have not sold a pair of stays of this pattern within the last two months—I always remember what pattern the stays are that I sell.
(Ann Finn, of Rupert-street, and Mary Ann Seaborn, of Monkwell-street, gave Prideaux a good character.)
PRIDEAUX— GUILTY . Aged 27.
FLOYD— GUILTY . Aged 25.
Transported for Seven Years.
GUILTY . Confined Two Years.
Sixth Jury, before Mr. Common Sergeant.
MR. BODKIN conducted the Prosecution.
WILLIAM MALLANDINE . I was on duty as a watchman, at Galley-quay. I went on at eight o'clock in the evening, on the 11th of February—I staid till eight o'clock the next morning—at half-past six o'clock in the morning a young man came to me, and made some inquiries—I should know the person again if he had the same clothes on as he had then.
Q. What is your belief as to the prisoner? A. His whiskers are altered—they were fuller then—they are shorter now—he was the same height, and the same stoutness—I cannot swear to him—if he had the same clothes on as he had then, I think he is the man.
Cross-examined by MR. PHILLIPS. Q. Why do you think so? A. He is the same height, and the same stoutness—I think he is the man—I have not been a watchman since—I had never seen the man before—I was wide awake.
COURT. Q. Was it light? A. Between the lights, there was a little daylight coming—I was with him for a quarter of au hour—I talked with him a little, and heard his voice—he went down to the Dover Hoy—I noticed his whiskers.
THOMAS RAYSON . I was book-keeper at Galley-quay, in February last; he eight bales of wool were landed there, and on the 12th one was missing—it contained about 500lbs. weight, and was worth 50l.—I was with the officer when he found the wool in Bell's house.
WILLIAM AUSTIN FOSSETT . I am a lighterman. On the 11th of February, I had a lug-boat moored near Galley-quay—it was missed from its mooring the following day—it was afterwards found down the river, and brought to me by Clements—I know the prisoner, he if a lighterman—I did not lend him my boat.
WILLIAM PARR . I was lock-keeper at the Lee-cut; on the 12th of February last, a little after seven o'clock in the morning a lug-boat came from the Thames, and passed the lock on its way to Stinkhouse-bridge—there was a large bag in the boat, and one man—there was a toll of 6d. to pay—he did not pay me—he said he would go and get the money,
it was not quite daylight—it would take a man three-quarters of an hoar, to come from Galley-quay to the Jock—the tide was going down—the man was not with me longer than five minutes—I cannot swear it was the prisoner—he does not look much unlike the person—he may or may not be him—I went to the public-house afterwards, for some beer, and received the sixpence for the toll, and part of a pint of beer.
Cross-examined. Q. Whether they got the sixpence, or you got the beer, you cannot tell who spoke to you in the boat? A. No; I gave evidence against a man named Bell, and then stated that I did not know the man who was in the boat—there was nothing particular about his face, more than any other man—the man in the boat had got a very little whisker—it was about a quarter past seven when the boat came to the lock—it was not quite light.
COURT. Q. From your recollection, had the man in the boat the same sort of whiskers as the man at the bar, or larger or smaller? A. Smaller.
WILLIAM WALTERS . I keep the White Hart public-house, ni Brooke-street, Ratcliffe. The prisoner lodged at my house—a man named James Hallam, came to my house sometimes, but very seldom—I have seen him with the prisoner—I suppose they were acquainted—the prisoner lodged two or three months with me—it is fifteen or sixteen months ago since he left me—he did not lodge with me in February, to my knowledge—a person, named Chamberlain, called on me, to make some inquiries; but the prisoner had left a long time before then—I do not recollect the prisoner borrowing 1s. of me—he might do it—I generally lend money to persons who come in—the prisoner had paid me 1l., about half an hour before Chamberlain called—I cannot say how long he had awed it, nor whether it included any borrowed money.
COURT. Q. Try and recollect whether the three months he was with you covered the summer or winter months? A. I cannot recollect—I cannot say whether he was by the fireside—it must be summer, I think—he was not with me on Christmas day—I do not keep any book—he paid me about 14s. a week—sometimes by the week, sometimes a fortnight.
EDWARD GATHERCOLE . I was at work at the cut near Stink-house-bridge, about nine o'clock in the morning of the 12th of February—a man named Wells came there with a van—I assisted in moving a bag from a lug-boat into the van, and I had part of a pint of beer for it—the prisoner is very much like the man who employed me, but as to swear to the person I cannot.
Cross-examined. Q. Will yon tell me how he is like him? A. In his size and thickness—I did not look in his face—I cannot tell whether he had two eyes, or whether he had a nose.
COURT. Q. Did the man come in the lug-boat? A. There was no one in it then.
JOHN WELLS . I am a carman. On the 12th of February, Hallam came and hired a van at my place—I went with it to Stinkhouse-bridge, and took a bale of wool out of a boat about half-past nine o'clock, which I took to Bell's house in Hoxton—there was a man at the bridge with the wool—I do not think the prisoner is the person.
JAMES LEE . I am an officer. In February last, I went to Bell's house in Hoxton—I found some wool there, and I afterwards traced a large quantity—Mr. Rayson was with me at the time—I did not take the prisoner into custody, but I saw him on the 8th of this month—the last
trial was in February, I believe, and I have been seeking for the prisoner ever since—when I saw him, on the 8th of this month, I asked him his name—he said, "William Oberman"—I asked if he knew a person of the name of Hallam—he said he did, but he had not seen him for some time—I told him he had been out of the way a long time, and there was a charge against him for stealing wool—he made no reply then, but in a minute or two he said, "Am I charged with stealing all the wool?"—I made him no answer.
THOMAS HALLETT . I live in High-street, Shadwell. I know the prisoner—I was answerable for his appearance in Surrey, on the 8th of April—I then met him at Stepney—I took him to my house—I asked him what was the reason he had not been to his time at Reigate—he said it was all settled—I said it was more than I knew of, if it was—I asked if he would see his uncle on the subject—he said he would not for 50l.—I said if he would go to my house, I would go down—he stood about some time, and then said he would go; but he stopped at Mr. Walters's, and took part of a quartern of gin—he asked Mrs. Walters if Hallam had been there—she said not that day, but he had a night or two before—we then went to my house, and I went to my uncle's, but he was not at home—I came back to my house, and sent for an officer—the prisoner begged me not to give him in charge, for he should be transported for seven years—I told him I could not help what he had been committing; I must look to my wife and family—I told him I had heard that the wool was all settled—he said it was not; he should be sure to get transported if he appeared.
Cross-examined. Q. Were you not bail for him to appear at Newington? A. Yes; for 20l. in the first instance—he attended then, and it was put off—it was not on account of this wool—my recognizance was forfeited—the officer came down to me, but I had no goods to sell; they were all burnt.
MARY ANN HALLETT . I am wife of this witness. My husband was answerable for the prisoner's appearance at Reigate—I saw the prisoner in May, opposite our house—I asked him how he could be so unkind as not to appear according to his promise—he said he should have appeared, only a friend of his had a little business concerning some wool, and he did not wish to get him into trouble—that he would have appeared at Reigate if he had been fortunate enough to have had a shilling in his pocket to treat the watchman—he said he would call on Mr. Hallett next evening, but he did not come, and I did not see him till Mr. Hallett came with him on the 8th of November, when he said he was very sorry for what had happened.
Cross-examined. Q. You understood that in reference to your husband's being annoyed by being bail for him? A. Yes.
NOT GUILTY .
NOT GUILTY .
OLD COURT.—Monday, December 1st.
First Jury, before Mr. Justice Park.
MESSRS. ADOLPHUS and GURNEY conducted the Prosecution.
WILLIAM MARCH . I am ward-beadle of Farringdon Within. The house, No. 62, Fleet-street, is the defendant's, and in the parish of St. Dunstan-in-the-West, in the ward of Farringdon—I have called there for taxes, and seen the defendant—I was there last week—I have received the taxes from him for that house for nearly ten years.
WILLIAM CUTTRISS (City policeman, No. 2.) The house, No. 62, Fleet-street, is on my beat—on the 21st of October I observed a figure in front of the house, at the first-floor window—it did not reach to the top—the whole window was taken out—there was an inscription of "Church-rates" between the two windows—there was a man dressed in blue, described as a broker, in one window, and under that were the words, "Temporal broker:" at the other window was a figure dressed in the form of a bishop, in lawn sleeves, with a mitre, and under that figure was written, "Spiritual broker"—this is a tolerable representation of the appearance of the house (looking at a frontispiece of a number of the Scourge)—there were only two figures on the 21st of October—there was a third figure put up on Sunday, the 9th of November—the words, "The props of the Church," were inscribed between the two windows—this exhibition caused a great nuisance and great disturbance on the path—on the side where the house is, there are a great quantity of people assembling at times all day long—there was no room for people to walk along the footpath unless it was made—we are obliged to tell the people to walk on—they must walk out into the coach road if we did not interfere—I have frequently seen persons obliged to do so—I have seen a great quantity of people assembling on the other side of the street—this has continued since the 21st of October, less or more—the figures continue to be placed there to this time, and were there when I came by this morning—it still continues to produce the same effect; but not to so great an amount as before.
Defendant. Q. Did you see any persons standing about this morning? A. I cannot say I saw a quantity—I saw ten—I did not count them—there might be three or four, or more, or ten—I did not take notice—nuisance meant a great quantify of people collected, and not leaving room for people to pass—I have been there on duty every day except Lord Mayor's day—frequently when people wanted to pass they were obliged to shove and push through; to push by them; and often got to words about it—I was obliged to make them pass on—I saw no riotous disposition at all.
Q. Did you see any disposition on the part of the people to give offence? A. Of course, by shoving one another about—"What did you shove me for?" for instance; and the answer was, "Why do you not get out of the way?"—I have seen other people besides policemen shoving one another—I have lived in London all my life—I never saw a crowd of people congregate together at a shop window in that way in my life—I never saw a caricature shop window so bad as that—I have seen many in London—I cannot mention any particular sight at which I have seen crowds—I have been on duty on Lord Mayor's day, and have seen a greater number of people collected together, and in Smithfield on market-day.
Q. Have you seen, at other sights, people more orderly, considering the crowd, than those you have seen before my house? A. I cannot say as to that, because many of us are stationed at bars in different places, and are not in the habit of going about to see all the crowd—there have been three people taken up before your house; two confined, and one fully
committed, and found guilty of picking pockets; and the other two, for attempting to pick pockets, were sent to Bridewell—I cannot say the number of persons on any one day that I have seen before your house—I never counted them—I cannot say there was any fighting or row in particular.
MR. GURNEY. Q. You did not observe many there this morning? A. No—there are not so many people on a wet day as on others—I passed at eight o'clock—I have seen people there on Sundays as well as week days.
THOMAS LIGHTFOOT . I am one of the street-keepers of Fleet-street. I have known Mr. Carlile's house many years—I have lately observed figures exhibited in the windows of his first floor—one represented a broker—this is a fair representation of the house as it is at present—one of the figures represents a Bishop—I am at a loss to say what the other represents—it is a black figure—that and the figure of a Bishop stand together arm-in-arm—the other figure has a pitchfork in its hand, and horns on its head—I have been in the street on Sundays as well as other days—it is my duty to go round every morning—I have seen the same exhibition there—they were not taken down during Divine service, to my knowledge—I saw them up—I have seen them as I went to church, and in the midst of church time, when it is my duty to go round, I have seen them there as before—I have seen an unusual number of people collect on week days and Sundays, on both sides of the way—sometimes more and sometimes less—sometimes twelve, or sixteen, or eighteen on each side, and sometimes, I should think, nearly forty on each side of the way at a time—several times persons have been compelled to go into the carriage-way, instead of going along the footpath—I have continued to observe this up to the present time—I was not able to attend on duty yesterday, but I saw it on Sunday week, and the number of persons, and the exhibition of the figures, were not the least altered.
Defendant. Q. You have stated there were from sixteen to forty persons on each side of the way since the 21st of October? A. At different times—at times not so many as sixteen—at different times there has been different numbers—I have seen people compelled to pass in the carriage way on several occasions—it was my duty to be there—it if seldom necessary for people to go into the carriage way unless there is some particular obstruction in the street—I have been present at a seizure for church-rates at your house—I was at the last one—I saw you on that occasion—I saw no resistance on your part—at one time, on account of the business going forward, I thought you were rather irritated.
Q. Was there not a particular reason for that? Was it not an attempt to put a ladder to the window to remove the figures? A. Being in the house, I did not see the attempt made, but I know there was a ladder—I found no obstruction on your part to the officer's levying—no particular anger—you seemed rather excited, as was natural—the officers were allowed to carry away goods without impediment—no obstruction whatever was put in their way—I have seen no disorderly conduct on the part of the persons before your house—no further than a little jostling when we could not get through, such as is common in obstructions.
LEONARD COLE . I purchased these papers, "The Scourge," Nos. 4, 5, 6, and 7, at Mr. Carlile's shop, No. 62, Fleet-street, on Sunday, November 16th—I purchased No. 9 this morning—that has the picture in front representing Mr. Carlile's house, and the figures at the windows.
The following Extracts were here read:—
HOISTING THE EFFIGIES.
"To hoist these every day will be like shutting up my own shop, as well as my neighbours': I must have some consideration for both. I am thinking that one day in a week will be enough: perhaps Sunday will be the best day, as that will not injure business; and that is the day on which the Church is most thought of—the people, in passing by, will see how it is supported. I have no view but public good; certainly no desire to injure any one, but a passionate desire to do some good in the world, so as to leave it better than I found it. Out of respect for the business of my neighbours, I will, after this week, fix on Sundays as the best day on which to exhibit the props of the Church,—the spiritual broker and the temporal broker."
WEEK'S HISTORY OF THE EFEIGIES.
"We hoisted them full length on Sunday, and made the Bishop preach on the present state of the Church to all passers by, from eight o'clock in the morning until six in the evening, while the temporal broker officiated as clerk and published other notices. I very much respect the institution of the Sabbath, and never call on my shopmen to open on that day; but one of them requested that he might be allowed to open, and did so. He retailed seven hundred copies of A Scourge over the counter, beside many other things. Thinking of the matter, I could not but consider it as doing more good than is done by an open gin-shop on that day, particularly as I, the master, (as Cobbett would say,) was preaching the revelation of the gospel in assistance of a sick minister of the true Church, both morning and evening.
"They have been partially exhibited on every other day; but Sunday is to be the grand gala day of public appearance, when the bishop is to have clean boots and clean linen; while the temporal broker must be content to remain as he is, as not worth repair."
MR. LEONARD HILL . I am a silversmith, and live next door to Mr. Cariile's shop. I have seen the effigies up at Mr. Carlile's—this is a correct representation of the exhibition in front of the house—there is a window with two figures in it—when I first observed it, it was the same, except that there is an additional figure now—this continues till the present time—I observed it this morning—the consequence of that exhibition has been, a continued assemblage of crowds on the pavement next Mr. Carliles, and on the opposite side as well, in considerable numbers—I have counted them—I should fairly state that, on one occasion, it happened to be Lord Mayor's day—yesterday I counted, on the opposite side of the way, upwards of fifty persons—if I was to say that is the average number of the crowd which have been there since the 21st of October, perhaps it would be more than was the case—there is a perpetual succession of people in the street—the numbers have been so great on the same side as the shop as to be, to me and my neighbours, a serious injury; at I have witnessed persons, passengers, coming from the west being obliged to turn off the pavement into the carriage road repeatedly—I and my neighbours have been incommoded to a considerable degree—I have not been able to keep my shop open as usual on all occasions—on some occasions I have not been able to keep it open—I do not mean to state I have closed altogether on account of the crowd, but partly, that part next to his house—I have had cases of some of my customers (ladies) approaching in a carriage, and fearful of coming out of the carriage lest they might be interrupted by the crowd.
Defendant. Q. On what particular day has your shop been shut during hours of business? A. In the first instance, as well as my memory serves me, on the 21st of October—I cannot tell how long it was shut, for I was out part of the time, making the necessity still greater; for my son, being prudent, thought it right to close the shop—it was partly closed on Lord Mayor's day; and at the police-office you admitted the great injury done to me and the neighbours—I did not witness the shop being shut up on the 21st of October—the shutters were taken down before I came home.
COURT. Q. Did you leave it shut? A. No.
Defendant. Q. How long have we been neighbours? A. I should say about seven or eight years, as well as I can recollect—I have witnessed nothing else in your mode of conducting business different to other shopkeepers, except one instance, I think, in January last; there was a similar exhibition with regard to the effigies; but if you mean to ask otherwise whether I have been annoyed by you as a neighbour, I should say "No;" I complain of this case—my answer applies to the Sunday as well as other days—my shop door is westward of your house, and the remote point from it—the crowd has obstructed my private door to a very high degree; that is, at the end nearest your house—the inmates of my house have sustained very great inconvenience in going in and out since the effigies have been up—I am speaking within compass when I say I counted fifty persons standing opposite your house at one time yesterday—I cannot say I noticed any disorderly conduct—I should have found it difficult on many occasions to pass through them—prudence would have told me to go into the road instead of going through the crowd—my shop was closed on the days I have stated; and, as a matter of precaution, I have been obliged to have my shutters in the passage, ready, if occasion occurred—I came home on the 21st of October, or the 22d, about four o'clock in the afternoon—I saw the effigies the first day they were exhibited—the crowd had subsided, in a great degree, on the first day.
JAMES HART . I am a linen-draper, and live at No. 60, Fleet-street, two doors westward of Mr. Carlile's shop. I have observed the effigies in front of his shop—I have constantly noticed a crowd of persons on that side of the pavement next Mr. Carlile's, and also on the opposite side—I have generally seen foot-passengers obliged to go out of their way in passing the house—there has not been room left to pass along the footpath—the crowd has not extended so far as my house—Mr. Hill's frontage is about twenty-three feet—I have counted the persons at various times before Mr. Carlile's door—there have been fifteen, sixteen, thirty, and thirty-five, on the side nearest to his house—I counted on one occasion twenty-five—and on two occasions, fifty and seventy, on the opposite side—the crowd extends more along the pavement on the opposite side.
Defendant. Q. You have not found any obstruction of a passage to your shop? A. No further than the obstruction before your house has caused one at my shop—there has been no persons assembled before my door—there has been a decided inconvenience to carriages stopping at my house—I consider not only the foot passengers, but even the omnibuses and other carriages have caused inconvenience in the street—I have seen no obstruction of carriages which I could say was occasioned by a crowd of persons—when I counted the persons, they were before your door in a group—on the other side they stood more in a line—I only counted persons standing before the shop to witness the effigies, and partly the placards—if persons' curiosity was very strong to see the figures,
I suppose they would cross to the opposite side—I have inhabited my house nearly seventeen years—I do not recollect any other crowds of a similar nature—I have seen several processions through the street occasioning greater crowds—in the annual procession of mail coaches—I have not witnessed any thing disorderly on the part of persons assembled, during the last few weeks—I have not been made uneasy on account of it—I may have seen more policemen about than usual, but never outnumbering the people.
COURT. Q. Your door is twenty-three feet from Mr. Carlile's door, at least? A. My door is in the middle of my shop window, and is still further from Mr. Hill's frontage—in the procession of mail-coaches, they pass on, and the crowd disperse.
HENRY HARRIS . I live at No. 59, Fleet-street, and the third door westward from Mr. Carlile. I remember the first exhibition of the figures of the bishop and broker—from that time to the present, people have been obstructed in their passage through the street, both in the carriage-way and foot-way—there has been another effigy added in the course of the time, representing the devil, which has increased the crowd considerably—on one or two occasions there has been a tumult among the crowd assembled opposite Mr. Carlile's door—on one occasion, in particular, a lady and her family came into my shop for protection from the crowd—that was on the Lord Mayor's day—I am an Indian-rubber and sponge dealer—on the day his "Satanic majesty" was exhibited, a lady also came into my shop for protection—that was after the Lord Mayor's day—the third figure was put up on the Lord Mayor's day—the whole of his shop front is covered with writing, and different pieces of paper—it is made a complete puppet show of—on a Sunday I have stood in my third floor, and seen frequent obstructions—omnibuses standing, and looking at those figures, to the annoyance of gentlemen's carriages passing, and several persons were annoyed by it.
Defendant. Q. How long have you been an inhabitant of Fleet-street? A. Four years and five months—I have been only a year and a half in the house I now live in—I sell wholesale and retail—the drivers and passengers of several omnibuses stop on Sundays, so as to prevent carriages passing—I have frequently observed policemen desiring them to go on—I swear they stopped for no other purpose, but to gaze at the figures—I think the exhibition of the third figure has increased the crowd—I have numbered fifty on the other side, and forty before your shop—I have been obstructed myself going to 'Change, and have been obliged to go into the coach road—I know no other obstruction in the City, except it may be a parcel of pickpockets—there was a great tumult on the Lord Mayor's day opposite your house, and the female came into my shop about one o'clock—there was no procession at the time—I have seen a crowd in the street on former Lord Mayor's days—they pass to and fro without interruption—I have noticed a crowd when there was a procession of mail coaches—they look and pass on, but at your shop they stop, and prevent people passing—I have stopped to see the effigies, and read every particular about them—when the lady entered my shop, she complained of the mob collected opposite Mr. Carlile's shop; which is a great nuisance indeed, and it is a pity but what It was removed in so grand a city as London—the ladies took care to avoid any insult by coming into my shop to avoid the crowd—there was a kind of disturbance—a kind of running of pickpockets one way or the other—any gentleman passing would have looked at his pocket.
Q. Have you not seen many well-dressed persons stopping opposite my
shop? A. Very few indeed—I do not think I have observed any but the lowest of the low stop opposite your shop—my house is not so near yours as Mr. Hill's is—I have suffered an injury—I used to take 6l. a day—I now do not take 2l. or 2l. 10s., which is the consequence of your nuisance, which causes many carriages to go away—I have got a very good carriage connexion—I sell various articles manufactured from Indian-rubber.
MR. ADOLPHUS. Q. What do you make of Indian-rubber? A. Shoes, clogs, garters, braces, cloaks, and various things, which ladies and gentlemen principally call for.
ROBERT GRAY . I live at No. 64, Fleet-street, two houses east of Mr. Carlile. I am a coach-proprietor, and conduct the business of the Bolt-in-Tun—I noticed the figures exhibited at Mr. Carlile'g when they were first put up, and have continued my observation of them up to the present time—the effect has been the attracting a concourse of people on both sides of the street—I think usually there was more on the opposite side—there were placards on the wall as well—I read some of them—the crowd assembled caused the stoppage of the foot-passengers passing to and fro—I have frequently seen people obliged to go out into the carriage-way, there not being room on the foot pavement.
Defendant. Q. There is another house between yours and mine? A. Certainly, the newspaper shop, "Bell's Weekly Messenger"—that is rather a large frontage, and there is Bouverie-street between—I should think I send out twenty coaches in the course of the day, and twenty come in—I have exhibited very large placards about those coaches—my object is to attract attention as much as possible—I have loaded coaches in front of my place, but not unloaded—I once received a letter from Alderman Waithman about it—they may have loaded a coach opposite your door occasionally—I cannot say I ever heard a complaint about it—I never had complaints as to No. 63, about it—I do not unload coaches in the street—they finish their loading in the street—I do as much down the yard as can be, then the coach is drawn up for the passengers to get into it—perhaps two or three porters are employed about the coaches—I exhibit a bill with the names of the coaches on it—that is never complained of—I was present when the late Lord Mayor was at your house for about half an hour—after talking the matter over with you, pro and con, threatening he should be obliged to call on the police unless you took down the effigies, and with the understanding that you should have a hearing before the Alderman—you agreed in about half an hour that you would take them down, which you did—the conversation was about the legality of the exhibition—when the Lord Mayor expressed a doubt as to the legality, you produced him the Statute, and consented to remove them If his Lordship would cause you to be summoned, that an investigation as to the Statute law might be examined into—I was present at Guildhall when the case was gone into before Mr. Alderman Key—you were not fined or detained on that occasion—I saw the effigies exhibited the day after the examination—I did not see them on the day intervening the examination—(Mr. Carlile said, in the shop, he would take them down, and unless he was summoned the following day he would put them up again)—I have counted from fifteen to fifty people repeatedly on the other side of the way—I also counted from ten to thirty opposite your shop from my neighbours opposite, (Mr. Crew's,) standing there—I consider that it caused an obstruction—I have seen people go out into the carriage-way on both sides of the street—I may have seen that occasioned before my own house by my coaches.
WILLIAM NOBLE . I live at No. 152, Fleet-street, nearly opposite Mr. Carlile's—I am a seeds man—I remember the figures being put up at his windows—they collected a great crowd in the street on both sides of the way, so as to cause inconvenience—it does not always extend so low down as my shop—it did on one occasion when the crowd was so great looking at the effigies, that it caused one of our windows to be broken.
Defendant. Q. Do you consider your house immediately opposite mine? A. No; nearly opposite—the Portugal Hotel is directly opposite—that is a very large double house—twice as large as mine—the crowd have collected from the Portugal Hotel, up to Mr. Crew's, which is west-ward—my window was broken on the 6th of November—I have frequently had windows broken before by other people—not many times in a year—I never counted the crowd—my customers have repeatedly remarked to me what a disgrace such an exhibition was in Fleet-street.
STEPHEN BROWN CHANDLER . I keep the Portugal Hotel, No. 155, Fleet-street, exactly opposite Mr. Carlile's door. Since the effigies have been exhibited the crowd has very much increased on my side for the way—persons used not to stop any long time together opposite my house before the exhibition—it has been so every day since—they have rendered my house inconvenient, by standing over my grating, so that my servants could not see to do their business in my kitchen below, and are obliged to burn candles—my customers have frequently complained of inconvenience—mine is more of a country hotel.
Defendant. Q. Have you never need to resort to the use of candles during the winter in the kitchen? A. Very seldom—I have on some occasions on dark days; I should have cause for candles in the summer time from this—I never counted the people—I have not noticed them particularly disorderly—they were rather quiet observers—I never saw any disorderly conduct—I never knew any tumult before your house since the 21st of October, in particular—the police officers have had occasion to interfere to clear the way for my customers to come in, when carriages have come up, or country coaches putting down passengers there—that would not have occured in the ordinary stoppage of coaches—I think fifty people may pass my house in five minutes.
COURT. Q. Did you ever observe any of the people stand abou ton former occasions? A. No.
Defendant. Q. Not on any occasion? A. When they have passed in procession—when the king has passed I have seen as large a crowd, or larger, but they moved on immediately—it was not an annoyance all day—I was never compelled to put up my shutters in consequence of any expected procession.
(The Defendant, in an exceeding long address, contended that he had not acted illegally, nor caused so great an obstruction as is often occasioned by His Majesty going to the House of Lords, or other places in procession; nor more than a congregation leaving church—a funeral, or other processions—he stated that on a former occasion his shopman had been fined during his absence from town, for a similar exhibition, and his object in causing a repetition of it was, to prove that there was no Statutelaw under which that fine could have been legally levied; after which he called the following witnesses:—)
street some effigy or effigies—I do not recollect what—but they were suspended over the street—I ordered a fine of £5.
COURT. Q. Was that order in writing? A. It must have been, I presume—it was a conviction.
Defendant. Q. Are you sure a fine of £5 was paid? A. No, I am not—I heard it was.
Q. May I ask whether it was on this statute (producing one) that he was brought before you? A. I apprehend it was—but really the thing has passed my recollection.
CHARLES FAREBROTHER, ESQ. AND ALDERMAN . Defendant. Q. Had you occasion to meet me in my house, in October last? A. I went into your house—you stated to me that you had legal authority to retain the figures there—you had an Act of Parliament that entitled you to retain the figures—and you considered you had been very ill treated—for that during your absence from home parties had come in and levied on your effects for Church-rates—I cannot call to my recollection that you stated any thing about the former exhibition—I think you stated something about a former conviction, but I cannot recollect what—indeed, I did not feel it any part of my duty to enter into that—I stated to you, that on coming down Fleet-street, I had heard from the officer that the mob there, was occasioned by placing the figures on the outside of your windows—that I considered it my duty, as Chief Magistrate of the City of London, to prevent the disturbance which would arise in the street from people collecting together—and that you might be perfectly satisfied I would not consent to the public peace being disturbed, that I had directed a force of twenty of the police to be sent for, that they might immediately clear the street—you certainly acted with great mildness—with great temper and respect towards me—I told you the figures must come down—you answered that your only wish was that you should be enabled fairly to try the question, or words to that effect—but that you had no money to throw away in law—and if I would allow you to be summoned for the offence, the figures should be immediately taken down.
Q. And they were removed on that arrangement? A. I hardly know how to call it an arrangement—I insisted that they should be taken down, that the crowd should be dispersed—I had no report that the figures were there the day following.
MR. ADOLPHUS. Q. What day was it you went to the house? A. The first day the figures were up—I sent for a body of police to remove the crowd—from the conversation I heard from the persons outside, I should call them loose, idle, and disorderly.
Defendant. Q. Should you describe the assembly, on that occasion, to differ from the ordinary current of people who pass in the street? A. Certainly, very much so—I judge not only from the conversation without the door, but from the conversation in the shop.
COURT. Q. From what you heard, you thought it your duty to interfere? A. Oh, certainly—about a week ago I was going through the street, and saw a great concourse of people round, and desired the officers to clear them away.
SIR JOHN KEY, BART. AND ALDERMAN . I was acting as Magistrate at Guildhall—I think from 20th to the 25th of October—the defendant was before me on a summons—my attention was called to this Statute—I ordered no fine to be levied on the defendant in that month.
Noble. My house is nearly opposite Mr. Carlile's—I am a boot and shoe-maker—I have not noticed any thing in Fleet-street lately injurious to business—I have noticed the effigies at the defendant's house, and people stop to look at them—I have not seen any thing disorderly in the conduct of the people—I exhibit articles outside my window—I have lost nothing—my window is very large—I can see every thing that passes, more so than many tradesmen in the neighbourhood.
MR. ADOLPHUS. Q. For what length of time have you observed the effigies? A. I should think somewhere about a month—I believe all the time they have been there, there has been some people there—I believe the whole of the day; an unusual number since the effigies have been there—I observed nothing but people standing looking on—I do not care if they are there for seven years, it does not make any difference to me—I suppose I have seen twenty or thirty people standing at the Portugal Hotel—I have not paid any attention to the other side of the way—I think there were not so many people on Sundays, but perhaps I have not been at home.
Defendant. Q. Has it come within your observation that there has been a daily abatement of the curiosity? A. I think there has—I think I have heard the neighbours say they have decreased—there was a few people when I left my house this morning about ten or eleven o'clock—the crowd has occasioned some little obstruction.
COURT. Q. What sort of weather was it between eight and ten o'clock to-day?—was it not raining very hard? A. I think it did not rain at ten o'clock—I believe it did between eight and ten o'clock—I have seen persons obliged to go out into the carriage-way because they could not pass conveniently on the foot-way.
GEORGE COOPER . I live in Francis-street, Bedford-square. I have been in the habit of passing through Fleet-street occasionally, within the last six weeks—I found nothing that was an obstruction to my passage in the neighbourhood of the defendant's house, nor to any other person—I could pass freely, as far as my business is concerned.
COURT. Q. What time of day did you pass? A. From eleven till one or from eleven till three rather.
Defendant. Q. Can you mention the number of times? A. I did not take notice—I can say half-a-dozen times—I have passed to-day between eleven and twelve—I found nothing of a crowd more than is frequent in other places.
MR. ADOLPHUS. Q. What are you? A. A builder—I am not in business now—I used to go on the north side, opposite Mr. Carlile's house—I walked on, and met with no obstruction.
COURT. Q. What was the nature of your business? A. If I am obliged to tell you, the gentleman's name is Drake, a solicitor in Bouverie-street—I think I have passed fourteen or fifteen times within the last month—I live in Kingsgate-street, Holborn—I go past the house, and directly round the corner into Bouverie-street—I never, on any occasion, found any obstruction there—as I came down to-day, through Fleet-street, I observed very nearly the same obstruction at a gentleman's, Mr. Waller, who has various prints up—I passed at 10 o'clock this morning.
MR. ADOLPHUS replied.
GUILTY.— Judgment Respited.
NEW COURT.—Monday, December 21st.
Sixth Jury, before Mr. Serjeant Arabin.
NOT GUILTY .
157. JANE CRUTWELL was indicted for stealing, on the 20th of October, 1 silver watch, value 2l.; 1 watch key, value 6d.; and 1 ribbon, value 2d.; the goods of William Todd.—2nd COUNT, stating them to belong to Lawrence Kennedy.
WILLIAM TODD . I am cook of a ship. On the 20th of October, I fell in with the prisoner in Ratcliffe-highway, about nine o'clock in the evening—she asked where I was going, and if I would go home with her—I went with her—when I went in, she asked if I would sit down—I said, "No"—she asked me to stop all night—I said, No, I wanted to be on board, and that I had no money—she said, "You have got a watch, go pawn it"—I said I did not know where there was a pawnbroker—she took me to a shop—I pawned my watch, and put the duplicate into my pocket, with the two half-crowns which I received—the prisoner was talking to a woman—she said, "Are you all right?"—I said, "I suppose it is"—she said, "Let me look at the duplicate"—I showed it to her—she said, "It is all right," and I put it into my pocket"—I have seen my watch since at the office.
THOMAS GEORGE SIZER . I am shopman to Lawrence Kennedy. This watch was pawned by the prosecutor, and the prisoner was with him—the duplicate and the money were given to the prosecutor—the prisoner came to me on the Monday morning, and said she had lost the duplicate of the watch; would I stop it—I said, "Yes"—she came again in a short time, and asked for an affidavit, which I gave her—she at last redeemed the watch—5s. had been lent on it,
Prisoner's Defence. He gave the watch into my hand, and asked me to pawn it for him—when we came out of the shop, we went to the Coach and Horses to have something to drink—I gave him the two half-crowns, but not the duplicate; and when I got home, I found I had lost it.
GUILTY . Aged 20.— Transported for Seven Years.
158. CHARLES NEWMAN was indicted for stealing, on the 17th of November, 3 pewter pots, value 3s., the goods of James Ratcliffe; I pewter pot, value 1s. 6d., the goods of Thomas Pain; 1 pewter pot, value 1s., the goods of Thomas Rollinson; 1 pewter pot, value 8d., the goods of William Hidden; and 1 pewter pot, value 1s.; the goods of John Field.
CHARLES HENEY FALCONER . I am a Thames-police surveyor. On the 17th of November I fell in with the prisoner in Grosvenor-market, Hanover-square, about half-past six o'clock in the evening—he was carrying a bundle—I asked him what it contained—he said he did not well know—that he had picked it up in the street—I opened it, and found in it five pint pots, and one quart—my brother officer afterwards found a pot in the prisoner's hat.
GUILTY . Aged 19.— Transported for Seven Years.
NOT GUILTY .
EDWARD SEX GARRY . I am foreman to John Walter Cropley, a hay salesman at Smithfield. On the 21st of October the prisoner came and examined several loads of hay—he selected one belonging to Richard Palmer of Enfield—I told him it was 5l.—he said he wanted it for his master, Mr. Bignall, black coach proprietor, of Tothill-street, Westminster—I knew there was such a person, and he represented himself as his servant—he wanted 2s. taken off, but I said 5l. was the lowest price—he then said Mr. Bignall would send the 5l. for the load by the carman, and I delivered him the load on the faith of that—I should not have delivered it to him if he had not made the statement he did.
Cross-examined by MR. CLARKSON. Q. After this did you meet the prisoner again? A. Yes; and he told me if I went back to his master he would pay me the 5l.—he did not offer me any money, nor tell me he had sold it to a person named Morris for four guineas—he came back to the market.
WILLIAM WEBB . I am a carman. I was present when the prisoner had the conversation with Garry—I went with the load of hay to Westminster—the prisoner took me to Strutton-ground, and I delivered the hay to him—I asked him for the money—he said he could not pay me till the landlord of the house came back from the hospital—he served the hospital with beer.
GUILTY . Aged 28.— Confined Six Months.
WILLIAM STOREY . I live in Noble-street, Brick-lane. On the 20th of October I met the prisoner in Smithfield—I knew him before—he asked me to go to the Ram Inn, and take a note and give it to Mr. Brier, and tell him I had come for the money for fifteen skins for Mr. Weaver—I went and told Mr. Brier—he detained me, and sent for the officer.
WILLIAM BRIER . I was at the Ram, at Smithfield—I owed Mr. Weaver some money—Storey came and brought this note (read)—"Mr. Bryer, please to send the bill and the money by the bearer. Mr. Weaver, Lower-street, Islington." I detained Storey, and went and took the prisoner.
GUILTY .— Confined Six Months.
Before Sir John Nicholl, and Mr. Baron Bolland.
NOT GUILTY .
161*. WILLIAM YOUNGSON was indicted for that he, on the 12th of May, with a certain gun, loaded with gun-powder and leaden shot, unlawfully, maliciously, and feloniously, did shoot at Daniel Ferguson, with intent feloniously, wilfully, and of his malice aforethought, to kill and murder him.—2 other Counts. Stating his intent to be to maim and disable him, or to do him some grievous bodily harm.
The prosecutor did not appear.
NOT GUILTY .
Second Jury, before Mr. Recorder.
JOHN CHARLTON . I live at Walthamstow, in Essex. On the 27th of October, in the morning, I saw the two prisoners go by our house between eleven and twelve o'clock—I had a scythe on my shoulder—I followed them down Amber-lane—they seemed to look at me with particular anxiety—they kept turning round—I suspected them, and went on in a different direction—they turned down the lane, to the left—I threw my scythe down, and went into Amber-field, and stood behind a tree—I then got up into the tree, which was shaded with leaves—I had a perfect view of them—they came and surveyed the geese—some lads there were making a noise—they walked on, and joined the lads—I went on about a quarter of a mile—I went on cutting my grass, and in a quarter of an hour, they came back with each a stick, and knocked down a goose, and brought it into the field where I stood, and tucked it into the hedge—I suppose they meant to go and get another, but seeing me, they set off running—I chased them about three quarters of a mile—one hid himself in the brambles—I jumped into the brambles, and secured him—he walked with me till I overtook the other, and put both into the cage—when I came back the goose was dead—I took it up, and carried it to Mr. Robinson, the magistrate of Walthamstow—it belonged to my father, Adam Charlton—I have the wings of the goose here—I saw them take it from my father's flock of geese.
(James Manley, of Laytonstone, Essex, gave the prisoner, George Willis, a good character.)
G. WILLIS— GUILTY . Aged 32.— Confined Six Months.
C. WILLIS— GUILTY . Aged 23.— Confined Three Months.
First Jury, before Mr. Justice Park.
JOHN FAULKNER . I am a labourer. On the 31st of October, between three and four o'clock in the afternoon, I was breaking some wood from a tree, to light fires with, and saw the prisoners come by—I am certain of them—I never saw them before—they had a goose and a gander tied up in a bag—each had a bag—I heard the geese halloo—I went and took the prisoners—they threw the bags down—one of them said, "What do you want with me?"—I took them back to where the bags laid—I untied the hags, and shook them out—I went to Mr. Latey, and asked if he had lost any geese—the gander was in Coker's bag, and the goose in Goodfellow'g.
JAMES LACEY . I live at Walthamstow, in Essex. Faulkner came to me on the 31st of October, after four o'clock, to know if I had lost any geese—I missed a goose and a gander—I went over to the Green Man, at
Layton, on the Forest, and there they were—the prisoners were in custody in the cage—I had not seen the prisoners myself that afternoon—I know the goose and gander to be mine.
CHARLES WHITMAN . I am a horse-patrol. I was sent for on the afternoon of the 31st of October, on the Forest, below the Green Man, and saw the two prisoners in charge of Faulkner and Gregory—I took them into custody—Faulkner said, in their pretence, that he had detained them for stealing two geese—I took them in charge, while Faulkner went to find the owner.
Goodfellow's Defence. I had nothing to do with it.
Coker's Defence. I am not the person who stole the geese.
GOODFELLOW— GUILTY . Aged 24.
COKER— GUILTY . Aged 17.
Recommended to mercy by the Prosecutor.— Confined Six Months.
First Jury, before Mr. Baron Bolland.
MR. PAYNE conducted the Prosecution.
JOSEPH WINCH . I am a driver of a Stratford stage-coach. On the evening of the 25th of October, I was driving the coach to Stratford, and saw a cart, driven by the prisoner, pass me at the Harrow public-house, near the three-mile stone, it was going at the rate of ten miles an hour, when I first saw it—the prisoner was not driving fast, but trotting along—it appeared to me to be a very heavy cart—it had only one horse—when I got up by the side of him, he quickened his pace immediately and passed me, and went over the Harrow-bridge, at the rate of ten miles an hour—I cannot say he was galloping—he was sitting low in the front of the cart—I understand there was a bundle of sacks in the cart, which he was sitting on—he was sitting very low on something—he appeared to have a full command of his horse—he had the reins tight in his hands—I saw Monk, the deceased, walking in the road by the side of the curb, from two to three feet from the footpath—I was in the middle of the road—the road is wide enough for four or five carriages to pats a-breast—there was room enough for a carriage to pass on the right, or off-side, as well as the left—he should have passed me, not on my side of the coach, but on the other—we were both going one way—he passed me on the wrong side—I saw Monk walking in the road, and saw him knocked down either by the horse's head, or by the shaft of the prisoner's cart, and the near wheel appeared to me to go over his body—it was the near shaft—the deceased was between my coach and the cart, passing on the wrong side—he was between the pavement and the cart—the near wheel went over him—the cart continued to go on—I was desired by persons on my coach to go after it as fast as possible, to get the Stratford turnpike-gate shut to stop him—I passed him about thirty yards, before I got to the gate—I do not know what became of the cart—at the time he got over Stratford-bridge he slackened his pace—I consider he was going at the rate of eight miles an hour when it occurred—I believe it was half-past six o'clock—it was dark—there was light enough for me to see the man walking—there are gas-lamps all the way down the road.
Cross-examined by MR. WALSH. Q. You were in the middle of the road, and the prisoner before you; why was not you on your right side? A. I was in the middle—the right side of the road was my proper side;
but I saw nothing coming in the way—if the prisoner wanted to pass me, it would be more difficult for him to go round to pass, than to keep on the left hand side—I was alongside of him for a long way—his going on the left side was not caused by my being in the middle—there was room on both sides—I believe there were three people in his cart—I did not see more—I did not notice the horse—it was a heavy cart—there was a something in it, I could not see what—I was going at the rate of from seven to eight miles an hour—I think the road is about twenty-five feet wide—the bridge is narrower than the road—it continues nearly the same width almost all the way to the turnpike—I do not know that there is any difference—the bridge is a quarter of a mile from the turnpike—I do not know the breadth of my coach—five coaches could not pass over the bridge abreast.
COURT. Q. Why not stop when the man was run over? A. I made a stop myself, but was desired to go on.
MR. PAYNE. Q. How many passengers had you? A. Three inside, and five outside—the road is considerably wider than the bridge—it is wider after you pass the bridge.
COURT. Q. At the time he passed, could he have posted oil the right side? A. Yes; there was room—I was in the middle of the road because there was nothing to obstruct me—he struck off into this quick pace at the time I passed him—I suppose it was to keep before me—he said nothing to me—he began to run faster than me when he passed—he was trotting till I got up to him—I then got nearer the bridge—I was a little before him, and he passed me at the rate of ten miles an hour over the bridge, and as soon as he passed me, he slackened his pace.
MR. PAYNE. Q. After he slackened his pace, did you see him again? A. Yes; he went at the rate of eight miles an hour, when he changed his pace.
JOHN GREEN . I live at Stratford, and was a passenger on Winch's coach. I was sitting on the dickey, at the hind part of the coach—the first I saw was the cart leaving the man lying dowr in the road—I pressed on the coachman to drive on—the cart came at a moderate pace after the coach—the coach was pasting the cart at the time the accident happened—the coach was on the right hand side, (the off side)—the road, I should think, is twenty-four feet wide there—I do not know the width of a coach—I allow five feet for each footpath, but from curb to curb it is about twenty-four feet—there is room for three coaches on the road with safety—the deceased was on the left hand side of the road, going into the country, and the cart was on the left hand side, going down the road—I got down from the coach, and wished the prisoner to go back, telling him there was an accident—he got out of the cart, and went back directly—he said he did not know he had run over any body—he was a little fresh, but knew what he was about—he was sitting low in the back of the cart, without a seat—I think he was in such a position as would prevent his seeing what he could have seen if he had been on a seat—the cart I stopped with the prisoner in it, was the same cart as I saw leave the body of the deceased, and the prisoner is the man who was driving it—the deceased was taken to the sign of the Two Brewers—the accident occurred between the two gas lights—it was rather a dim light—there was a very good light from the gas, but it was between the two lights—I saw the cart and driver, and the body of the deceased when the cart was leaving him.
Cross-examined. Q. On which side of the cart was the prisoner sitting?
A. On the off side—three persons were in the cart besides the prisoner—they sat on his left hand side—their sitting there would certainly prevent his having a good view of what was on the near side of the cart—a person passing from one gas-light to another would not see so well as if there was no gas-light—it operated like a blind—I have been acquainted with the prisoner some years—I know he is short-sighted, for some time back I had a warrant to apprehend him for a debt, and I know he did not see me—I have repeatedly met him on the road, and I have had money to pay him, and he has not known me—I consider the cart was going at the rate of seven or eight miles an hour—it might be more, but I was busy in conversation with a friend—I should say it was going seven or eight miles an hour—I did not see the deceased till I brought the prisoner back—I saw the legs of some person on the road.
Q. Which would be most convenient for him to go on, the left hand side or right hand? A. If I was driving, I should drive in the same direction on the near side—seeing the coach in the middle of the road, I should have considered it the prisoner's direct side of the road.
MR. PAYNE. Q. I think you do not know any thing about the rule of driving? A. I have been in the habit of driving—if I saw a coach before me, and there was not room to pass on the right hand side, I should shout out to the coachman to tell him I wanted to go by—it is a rule for a coach to pass on the right hand side when they are going the same way—he was keeping the straight road—he had no occasion to turn out to go by, he kept the straight-forward road—the coach was passing the cart when I saw the accident—I never saw the prisoner wear spectacles—he did not know me frequently when I saw him on the road—that was two years after I had arrested him.
EDWARD WACKERBATH . About half-past six o'clock, on the evening in question, I was on the Stratford coach—I saw a horse and cart, which the prisoner was driving—I did not know him myself—he was sitting down at the bottom of the cart, which was going about eight or nine miles an hour, at the time of the accident—I did not see the deceased at all.
Cross-examined. Q. Were you on the front of the coach? A. I was on the box—I was not talking to the coachman—I did not see the man walking along—I was nearer to him than the coachman was.
WILLIAM WEST . I live at Stratford. I did not know Monk—I saw him that night—I was walking from London, by the side of the road, about twenty yards on the other side of the Harrow-bridge, in the road—I heard a very great noise of a cart coming over the Harrow-bridge—I should think it was going at the rate of about nine miles an hour—it was coming on the left hand side of the road, going from London to Stratford—the man who drove, appeared to me to be sitting in the bottom of the cart, on the off side—just as I got up to the deceased man, he was dying—I had him taken over to the Two Brewers public-house—I saw no cart, except the one that the person drove—I saw no other cart in the road—it was a hay cart, and a heavy one.
Cross-examined. Q. Was there a front to it to hold hay? A. There was a copse on it, and a tail; and I think a truss of hay on the hind part of it—there was none in front—I only saw the person who was driving—I saw no other persons—I saw his head and shoulders, as he sat in the bottom of the cart, driving—I was walking on the path when it happened, about twenty yards off, going the same way as the cart—on the same side
of the road as the deceased—I had not seen him till I found him lying there.
COURT. Q. Was the noise you heard, as it came over the bridge, made by the cart, or by the persons in it? A. It was made by the cart—I did not hear any body in the cart call out to the man to take care.
MR. PAYNE. Q. You have said there was a copse to the cart? A. Yes; that is what carries hay over the horse's back—I think that would prevent the man from seeing any thing in the road.
MARIA GARDINER . I live at Westham. I was walking in the road close by the curb, on the left hand side, coming from town—I passed Monk, and then he was behind me, walking towards home—after I passed him, I heard a cart going very fast behind me—I heard a halloo, and turned round; and, just as I turned round, the horse's head was close on my shoulder—the halloo came from the cart, as if it was to clear the road—I got into the path, and, on turning round, saw something lying in the road—it was the deceased (who I had passed walking before)—he laid with his head on the curb-stone, and his body and legs towards the road—I saw the coach—the cart appeared to me to be racing against the coach, to get before it—it was not till the cart was just upon me, that I heard the halloo.
Cross-examined. Q. Is there any curb-stone there at all? A. Yes; the curb-stone is all down the road—I passed the deceased next the middle of the road—I was pretty close to him—I was near the middle—I do not think he was above two or three feet from the curb—I passed pretty close to him—I do not think he was five or six feet from the curb.
FREDERICK ALLEN . I am a manufacturing chemist, and live at Stratford. I was walking on the Stratford road—by the side of the road—I saw a horse and cart and a coach—the horse and cart passed me, going eight or nine miles an hour—I saw the driver, but cannot say in what position he was—I saw the deceased, and assisted in taking him to the Two Brewers.
COURT. Q. Did you observe what the cart was doing, in reference to the coach? A. I did not take particular notice—I should consider that it was racing—the coach was rather behind me when it passed.
Cross-examined. Q. This was a heavy cart, drawn by one horse? A. Yes; I was about forty yards from the deceased, and not more than two yards from the footpath—I did not see the deceased before he was knocked down.
EDWARD JOHNSON . I was walking in the Stratford road at the time in question, with my child; and heard a shouting and hallooing behind me, which made me look round—I had a hard matter to clear myself from the cart going over me—the shouting was from the men in the cart—I dragged my child out of the road first—I was about four inches from the curb stone—I clawed my child into the path, and, as the cart passed me, it brushed my coat—it was going as fast as it could—the horse could not go faster, I believe—I did not know the man was run over till afterwards—the driver was sitting down in the cart—I did not notice whether there was a copse.
Cross-examined. Q. Before you got out of the road, had you seen who the persons were in the cart? A. I saw when they were close on me that there was a woman in the cart—I walked in the road to ease my feet, which are full of corns—I cannot walk on the curb-stone—it may be about six inches wide—I do not suppose my child could walk on the curb—I had
not hold of my child's hand—it is twelve years old—I did not let him stray out in the road—he was in my care—I should think the cart was going ten miles an hour, at the least—I know it was going at that rate—it was a heavy cart—I did not observe the horse, as it was between lights—I was between the gas lights, and could not see very well—when the cart was stopped at the turnpike, I knew it again—it was not a good light when I got there, and I did not see whether the horse was large or small.
JAMES HEARD . I was in the Stratford-road, behind Winch's coach, and saw the cart—I took particular notice of it—it was going fast, but the man was well on his own side, and had the reins in his hand—he appeared to sit in the cart—I cannot say whether he was on a seat—I saw something drop from the tail-board of the cart, as it appeared to me, and I thought it was a flat—I said so to a man who was with me, and he said it was a man—I went, and found it was a man—I did not see him afterwards.
JURY. Q. Was the coach trying to pass the cart at the time? A. Not to my knowledge—I cannot say—I do not believe it was—I think the coach was a little behind the cart at the time—the cart was quite on its right side.
HENRY SAMUEL . I am a surgeon, living at Stratford. I knew the deceased, (Monk,) before this happened—I saw him after death, two days subsequent to the accident—I believe his death to have been caused by the dreadful injury inflicted—he lived nearly opposite my house, and was a painter and glazier, I believe—I found little or no wounds about him, but almost all the ribs on the right side fractured, and broken in upon the substance of the lungs.
JOHN WRIGHT . I knew the deceased—his name was William Monk—he lived at the Narrow-way, Stratford, almost facing Mr. Samuel's—I saw him on the 25th of October, just after the accident, near the turnpike-gate, in the Two Brewers public-house, between six and seven o'clock in the evening—I saw the horse and cart—I was near the turnpike at the time—there was a cry to stop the horse and cart.
Prisoner's Defence. I knew nothing of the accident till I was stopped by Green.
DANIEL LAPWORTH . I am a labourer, and was in the cart with the prisoner—I got into it, it might be a few minutes after six o'clock—we went to Ilford—Mr. and Mrs. Hayden were with us—I remember passing Harrow bridge—when the cart got to the turnpilke it, was stopped—I never saw any body in the road throughout the whole journey—nobody in the cart shouted to any body in the road—I did not know the accident had occurred till we were stopped—the cart was going six or seven miles an hour after we passed the bridge—there was no seat in the cart, and the prisoner was sitting on some sacks—that would not prevent his seeing any body in the road—he sat on the sacks at the side of the cart—he could see persons in the road quite as clear as if he had been standing up.
MR. PAYNE. Q. Do you mean to swear that he could see as well as if he was standing up? A. Why, not so clear—I got into the cart at King Harry's Head, in the road—I was drinking there before the prisoner came—I had only two pots of beer—I saw people down the road in the pathway, but I saw nobody on the road—I did not see a man and his child.
COURT. Q. Were you sitting in the cart or lying down? A. No; I was sitting with my face towards London, and my back to the horse.
past six o'clock, at the King Harry's Head—my wife was with me—I remember passing Harrow-bridge, and the cart being stopped at the turnpike—there was no shouting on the road—I did not see any body passing in the road—I did not know of the accident till I was stopped at the turnpike—the cart was going six or seven miles an hour, as near as I can guess—it was a heavy cart with a heavy horse—it could not gallop.
MR. PAYNE. Q. What part of the cart were you sitting in? A. The middle part, nearly on the bottom—my wife was sitting by the side of me—I sat by the side of the driver—we did not have a word of conversation all the way—not a word was spoken—the prisoner sat on the side on a few sacks—there was no shouting to any body to get out of the way—when the cart was stopped, I went back and saw the man lying on the table at the Two Brewers—I did not see a man walking in the road with a child—I saw nobody in the road, not to notice them—people were walking about—I swear not a word was spoken from the time I got into the cart, till it was stopped.
COURT. Q. Which way was your face turned? A. Towards Romford—to the horse—I could see right forward—it was dark—I could see hardly any thing.
HANNAH HAYDEN . I am the wife of William Hayden. I was in the prisoner's cart with my husband on the night of the accident—I remember the cart passing Harrow-bridge, and being stopped afterwards at the turnpike—I had not noticed any body walking in the road, not particularly—I did not know of the accident till we were stopped at the turnpike—we heard no shouting.
MR. PAYNE. Q. Did you see the Stratford coach? A. When it stopped I did—I sat facing Ilford—I never spoke to Grout all the time I was in the cart—I cannot say how long we were on our journey from the King Harry—we were going at a trot, I think—I did not speak to my husband or the driver all the way.
(Several witnesses deposed to the prisoner's good character.)
GUILTY. Aged 38.—Recommended to mercy. — Confined One Month.
Third Jury, before Mr. Recorder.
JANE PITCHER . I am employed by the wife of Michael Darton to wash for her—she lives at Lewisham, and is a laundress—I hung out some clothes on the 6th of November—I went between four and five o'clock to take them in, and they were gone—these are them, I am certain (looking at some)—they belong to a gentleman she washes for.
CHARLES ATKINS . I am a constable. I produce the shirts—the prisoners were given into my custody before the magistrate—I found one shirt on Kentfield's back—the other shirt was given me by another constable.
JOHN PENDRID . I am a constable. I took the prisoner Baker into custody before the magistrate; and as we went along the road, he said if I would go across the field, he would show me the shirt in the plantation—I went, and he took it out—I had asked him where the shirt was which was spoken of before the magistrate—he said he would show me, if I would go with him—he was charged with stealing it—he said he knew he did steal it; he knew he was guilty—he went to the shrubbery with me—he said they were both guilty—Kentfield said to me, "I have got one of the shirts on, and we are guilty."
Baker's Defence. I do not know at what time they were stolen—I went across the fields with this lad—he took me to the shrubbery, and said he had the things concealed there—he took up one shirt and put it on, and gave me the other—I would not have it, and he threw it down.
Kentfield. Baker is innocent.
JURY TO JOHN PENDRID . Q. What did Baker say? A. He said, "We may as well give up the shirt which we have placed in the shrubbery"—and as we went over the hedge, he said, "One is as bad as the other, we are both guilty"—I said I would go over with them—we went and got the shirt—Kentfield had said, if I would go across the fields, he would show me where the shirt was, for they knew themselves guilty, and they should be better off, as they had no bed to lay on.
KENTFIELD.— GUILTY . Aged 18— Confined Six Months.
BAKER— NOT GUILTY .
Third Jury, before Mr. Common Sergeant.
JAMES NEWMAN . I keep a broker's shop in Trafalgar-row, Greenwich, in Kent. This looking-glass was inside my shop, on the 18th of November—I saw the prisoner speaking to my wife about the glass, and soon afterwards missed it—I followed the prisoner, and found it on her.
Prisoner's Defence. I went and looked at it the same as other people—a man had things selling—I asked what he asked for the glass—he said 3s.—a woman said, "I would not give 3s. for it"—and I said I would not—I offered him 2s.—he followed me a few doors, and said, "Here, give me 2s."—I stepped into his shop, and asked his wife the price of the glass outside—she said 7s.—it was a large glass—I said, "I did not give more than 3s. for this"—a woman followed me and said, "Where did you get this glass?—you have stolen it"—I said, "I have bought it of a man; take the man and not me"—he said, "We want nobody but you."
JAMES NEWMAN re-examined. I saw her in my shop, talking to my wife—I did not hear what she said—she took up the fellow glass to this—I did not see any glass in her possession—I missed this not three minutes after she went out—nobody had been to the shop, who could have bought it and sold it to her—I was at work in the shop—she said nothing to me about taking any body.
(Mrs. Wood, of Hampton-street, Walworth-road, gave the prisoner a good character.)
GUILTY. Aged 33.—Recommended to mercy. — Confined One Week.
HENRY PEARSON . I am pot-boy at the Lord Duncan Victualling-house. The prisoner came to me and said he had bought a dog-cart for 6s., and asked me to let him put it in mother's garden, which is in Miles-street, Deptford—I said I would ask mother if he might, and between ten and eleven o'clock that night, I found it in our yard—I saw the prisoner that evening—he came to me and said he had taken the cart to my house—he went away, and next morning it was found in our yard—it is in Court now.
JOHN RILEY . The prisoner called at my house, and asked if I would dispose of a dog-cart; and six or seven weeks afterwards, I missed the dogcart from my yard—this is the cart—I found it before the Magistrate on the Tuesday morning following—I missed it on Wednesday.
LUKE FORD (police-constable R 75.) I searched for the cart—I saw the prisoner, and asked if he knew any thing of it—he denied it for a long time—Pearson at last came up and said the prisoner had brought the cart to his house—that he at first asked him to let him bring it there, and afterwards told him he had put it in his father's garden—I took him to the yard, where I found the cart in a small garden—I took him to the station-house—he said nothing when I found it—he did not hear what Pearson said—I asked the prisoner if he knew any thing of the cart—he said he did not—I gave my evidence before the Magistrate, and signed it afterwards—I have stated all that passed—the prisoner afterwards told me he had stolen the cart—it did, not strike me at that moment as being important.
Prisoner's Defence. I only meant to take it to give the children a ride.
GUILTY . Aged 15.— Confined Three Months.
Before Lord Chief Justice Denman.