CENTRAL CRIMINAL COURT
SECOND SESSION, HELD DECEMBER 5, 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; Sir Nicholas Conyngham Tindal, Knt., Chief Justice of His Majesty's Court of Common Pleas; Sir Joseph Littledale, Knt., one of the Justices of His Majesty's Court of King's Bench; Sir John Gurney, Knt., one of the Barons of His Majesty's Court of Exchequer; John Ansley, Esq.; Matthew Wood, Esq., and William Thompson, Esq., Aldermen of the said City of London; the Honourable Charles Ewan Law, Recorder of the said City; James Harmer, Esq., and John Pirie, Esq., Aldermen of the said City; John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; His Majesty's Justices of Oyer and Terminer, 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.—SECOND SESSION.
A star (*) placed against the verdict denotes that the prisoner has been previously in custody. An obelisk (†) signifies that the prisoner is known to the police to be the associate of bad characters.
First Jury, Before Lord Chief Justice Tindal.
201. CHRISTOPHER HALL was indicted for burglariously breaking and entering the dwelling-house of Samuel Raley, on the 7th of December, at St. Mary, Lambeth, Surrey, about the hour of eight o'clock in the night, and burglariously stealing therein 1 telescope, value 10s.; and 6 farthings; the goods and monies of the said Samuel Raley.
MARY RALEY . I am the wife of Samuel Raley. We live at No. 40, Pleasant-place, in the parish of St. Mary, Lambeth—we rent the house, and live in it by ourselves—the prisoner lived in the same row—about ten o'clock on the morning of Sunday, the 7th of December, we left our house—I went out first—my husband followed about a quarter of an hour after—we went to Hammersmith to bury a child—we returned together about iten o'clock in the evening—my husband unlocked the street door—there it a front and a back door—he unlocked the front door, which opens into the shop—it was dark—my husband went round the counter to cut a candle, and kicked against the shop-till on the floor—that was just after he entered the shop—I had seen the till in the morning in its place—it slides under the counter—I had seen it shortly before I went out in the morning—I do not know how much there was in it—my husband gave me a candle—I went next door but one and got a light, and went from the shop into the kitchen, which is if behind the shop—my husband asked me for the light—he went to the door, and we found the top bolt of the back door of the kitchen, which opens into a small yard, had been forced—there is a bolt at the top and bottom, but only the top bolt had been fastened—I had fastened the top bolt myself just before I went out—I did not bolt the bottom one—I found the iron staple, which the bolt goes into, had the top screw forced out—it hung on the bottom screw—I went into a neighbour's, and he came in—as I came in at the door again, a policeman stood at the door, and he came in—there is a tree at the bottom of our yard—one of the branches was broken from that tree—it is close against the wall which separates our yard from Elliott's-row, which Pleasant-place communicates with—it appeared as if a person had stepped on the branch in getting over the wall, and broken it—it is a little yard—I went up stairs afterwards with a light with the policeman—the bed in the first floor room appeared as if it had been turned oyer—I had not left it in that condition—there was no bedding
on it, only a quilt—the quilt and the bed itself seemed to have been turned over—not the bedstead—I missed nothing but a few farthings out of the till that night—I had seen about twopenny worth of farthings in it that morning before I went out, and I had seen some other coppers in the till—I examined the till when it was found on the floor—there were only a few bills in it—the coppers and farthings were gone then—on the Monday morning I missed a telescope, which I had seen on Sunday morning on the mantel-shelf in the bed-room up stairs.
Cross-examined by MR. ADOLPHUS. Q. What parish is your house in? A. St. Mary, Lambeth—we do not pay the taxes—the landlord does—I saw seven farthings in the till—I had seen them there on the Sunday morning before I went out—we keep a chandler's shop—we did business till late on Saturday night—I had occasion to go to the till on Sunday morning, and saw the farthings then—we do business on Sunday morning, and I went to the till then—I am certain I left the back door closed—I fastened it myself before we went out—the prisoner was in the habit of coming to the shop—I had not the slightest suspicion of him, he bore a good character in the neighbourhood—he was taken up on this charge—I appeared against him—he was discharged at first—there was another lad also taken up, older than him—the bill has not been found against him—his name is Joseph Francis—I do not know the name of the policeman—he has been twice or three times to our house, since the prisoner has been in custody—he came to tell me what time to be at the trial, but not to tell me what to say.
SAMUEL RALEY . I am the husband of Mary Raley. I left my house on the Sunday morning, soon after ten o'clock—I had not opened the back door after my wife went out—I locked the front door when I left—it goes on a spring—I turned it with the key, and took the key with me—the shop windows were fast—my kitchen window does not open—when I returned at night I found the front door as I had left it—I went into the shop and kicked against the till on the floor—I looked to see what was on the floor—there was nothing else on the floor—the till was empty—there was no money in it—there were a few farthings in it when I had last seen it—I cannot say exactly how many—I took the halfpence out of it before I left—I opened the till after my wife was gone, and left nothing in it, but the farthings—I went into the garden on Monday, and observed one branch of the tree split down from the trunk, as if a person's foot had been put on it in getting over the wall—I missed a telescope on the Monday evening when I returned home—that was the first time I missed it—I had not seen it for some weeks before—Sunday fortnight was the last time I noticed it—it was then on the first floor mantel-piece, in the bed-room—a child had died in that room, and we had not slept there for a week—I had not slept there for a fortnight—I have not seen the farthings or telescope since.
Cross-examined. Q. How long did you stay at home after your wife had gone out? A. Half an hour was the utmost—the door was open, and a neighbour came in, who owed me a little bill, and a little girl came in—they were not out of my sight—they could not have gone to the back door, for while I was up stairs, my brother-in-law was in the shop—I was not in the shop all the time—there was nobody in the house, but my brother-in-law and myself—he was minding the shop—he is not here—I was not up stairs above two or three minutes—I was helping to remove the corpse out of the room—I went out at the front door, and did not go to the back door.
COURT. Q. Was the door of your room closed while you were up stairs? A. No—we were obliged to have it open to get the corpse out—if my brother-in-law had gone to the back door, I should have heard him—if the upper bolt had been unbolted, and he had opened the door, I must have heard it—I found the bolt was forced open at night—I had not observed any thing lying in the shop that did not belong to me, till Monday night—I then found some matches—the shop had been opened all day on Monday, and on Monday night the policeman picked up about half a dozen matches off the floor, or rather more—they did not belong to me—they were different to what I use.
MR. ADOLPHUS. Q. In the course of Monday, many customers would come to your shop? A. Yes—I dare say they would—I was not at home all day—I work out of doors.
DAVID PEARSON (police-constable L 60.) On this Sunday night I received information from my brother officer, and went down to the premises—it might be about a quarter after ten o'clock—the prosecutor had then gone to bed, and I took no further notice until Monday night—I did not go in on Sunday—I went on Monday night, about a quarter to ten—I examined the back door, it appeared to have been forced open with a chisel or small crow-bar, the frame of the door being split inside, and the nail which fastened the staple, was forced out—I went back into the shop afterwards, and found Mrs. Francis and her son, who had been taken up—Francis is not so tall as the prisoner—I do not know his age—I did not find the matches on the floor—in consequence of something I heard, I went on Monday night to take the prisoner into custody—I searched him, and found a phosphorus box and matches in his trowsers pocket—I delivered them to the prisoner, the inspector not thinking it proper to detain him—Johnson acted with me—I let the prisoner go, at the inspector did not think proper to detain him—I had not got Francis then, but I took him afterwards, and took him to the station-house, but the prisoner was gone then—it was about a quarter or half-past eleven o'clock—he denied all knowledge of the robbery, and was let go—I saw the prisoner in custody again, next morning—a brother constable (Johnson) had taken him—I saw him brought to Mr. Raley's shop, about half-past nine o'clock, by Johnson.
WILLIAM JOHNSON (police-constable L 78.) I took the prisoner into custody at his father's house, and took him to the station-house. Pearson saw him there on Tuesday morning. I did not take him to Raley's shop that morning—I did not threaten him, or say it would be better for him to say any thing, nor did any body in my presence.
DAVID PEARSON re-examined. I saw him at Mr. Raley's shop-door, in Johnson's custody—I had apprehended Francis, and saw the prisoner as he went by Raley's door; that was all—I had no conversation with him there—we went down to the station-house together, I taking Francis, and Johnson the other—I said nothing to induce him to say any thing to me—we were all at the station-house together—Francis said, in the prisoner's presence, that Hall had done the robbery; that it was him who got over the place while he was on the outside, and that he (Francis) received no produce of the robbery—Hall said directly, "Why, you lie! you were in the house as well as me, and you followed me about the house with the candle—you held the candle, and I gave you the ticket of the telescope"—Francis said he did not give him the ticket—that he only showed it to him, and he could see that it was in pawn for 4s.—I asked Hall what he had
done with the telescope then—he said he had pawned it at Mr. Turner's, in the Walworth-road, for 4s.—he said nothing further—I went down to Mr. Turner's, a pawnbroker in the Walworth-road, and made inquiry—Mr. Turner brought a telescope up to the station-house—Mrs. Raley was there—the prisoner did not see it as it was locked up—Turner kept the telescope in his possession.
Cross-examined. Q. You brought the prisoner and another boy face to face at the station-house—you set them in conversation one against another, and each endeavoured to excuse himself? A. No; the inspector said to Francis, "Now, do not you say any thing, because it will come against you;—now, do you voluntarily state this?"—he said "Yes," and made his statement, and Hall said, as I have stated that they were both in the house together—I do not know whether Francis is as old as the prisoner—he is not so tall—Hall did not try to excuse himself at all—he was not particularly told what he said would be brought against him—he said they were both together—I never went to the prosecutor's house purposely to see him—I pass the house fifty times in a night, and Mrs. Raley has come to the door—I have been into the house, I may say every night, but one—we were not always talking about this prosecution—I do not say we have not spoken of it now and then.
Cross-examined. Q. Did you know him before? A. I have been in the habit of serving him. He was very well known to me.
WILLIAM JOHNSON re-examined. I picked up some matches in the shop on Monday night—I have them here—I went there in consequence of finding a phosphorus case on the prisoner—I found six matches on the shop floor, strewed about in different places against the counter—there were eight or nine left in the case which I found on him—I tied them up separately—they are the same sort as are in the case.
Cross-examined. Q. Have you any of the matches here which you found on the boy? A. Yes; I never saw many of them before—I dare say they are such in every phosphorus box which is sold—I do not know that they are very common—I never bought any myself.
MRS. RALEY. This is our telescope, I have every reason to believe—it is, just the size and appearance of it—there is no mark on it.
MR. RALEY. This is my telescope—it opens in three places—it is exactly like the one I had, in every respect—I bought it about two years ago—there is no maker's name on it that I know of—I have no mark that I know it by—I believe it to be mine—I will not swear to it.
JURY. Q. Was the shop swept out on Monday morning? A. No; nor in the course of the day.
Prisoner's Defence. Francis has slept with me ever since I have been in prison, and he says the policeman gave him three or four glasses of gin at the public-house; and told him he would have to say that, and he would be a witness against me.
Prisoner. It was at the public-house he said so. Witness. I did not tell him so at the public-house—I went to a public-house with my brother constable—Francis drank with us—we do not always give prisoners drink
—we went in to have something, and he had part of a quartern of gin with us—we were both off duty at the time—we only had one quartern—it was at the King's Arms, Kennington-lane—there was not a sentence said about the robbery there—it was about a quarter before nine in the morning, before we went to Queen-square—Francis had made a confession before that—I had not seen the prisoner then.
(Joseph Smith, tailor, Bride-lane, Fleet-street; John Squires, hardwareman, Lower-marsh, Lambeth; Charles Herman, West-place; William Leeney, carver and gilder, Pleasant-place; and John Whitehead, brush-maker, Pleasant-place, deposed to the prisoner's good character.)
GUILTY — DEATH . Aged 17.—Recommended to mercy by the Jury and
Prosecutor, on account of his youth and previous good character.
Before Mr. Justice Littledale.
202. JOHN EDWARDS, CHARLES FITZPATRICK , and ROBERT MORGAN , were indicted for feloniously assaulting Mary Ann Pritchard, on the 3rd of October, at Layton, Essex, putting her in fear, and taking from her person, and against her will, 1 bag, value 6d.; 1 handkerchief, value 1s. 6d.; and 3 pence; the goods and monies of the said Mary Ann Pritchard.
MARY ANN PRITCHARD . I live at Layton, in Essex. On the 3d of October I was returning home with Mary Newcome, from Mr. Clark's, on the Forest, at about half-past one o'clock in the middle of the day—at Phip's-cross, in Essex, the prisoner, Edwards, came up to me—he said nothing, but pulled at my black silk bag, which I had over my arm—he pulled at it, but did not get it away from me; the string was twisted round my arm—when he could not get it, the prisoner, Fitzpatrick, came and pulled at it—I did not know any of the prisoners before—Fitzpatrick got it from me by calling out for a knife—I then let go of the bag.
Q. Who did he call to for a knife? A. He called to one of them—he did not mention any name—the other two prisoners were on the other side of the road at the time—I twisted the bag off my arm when he called for a knife, and he then snatched it from me, and put it in his hat; then all three ran away—I had never seen them before—I can distinctly say it was them; all three of them—Morgan was on the other side of the road when the other two were doing this—I did not see him do any thing—he was standing still when Fitzpatrick took the bag from me—they were all three walking together before, and all three went away together after taking the bag from me—there was a pocket handkerchief and 3d. in the bag—I saw the bag and handkerchief on Tuesday last at a public-house, and knew them to be mine—Mr. May showed them to me—I saw the prisoners at Lambeth-street, and knew them all again.
Cross-examined by MR. DOWLING. Q. What time was this? A. Half-past one in the day time—I saw no carriage or cart on the road.
Cross-examined by MR. PHILLIPS. Q. Did the things belong to you? A. Yes—it was a very sudden affair altogether—one of them cried out, "Bring me a knife"—I do not exactly know what name he mentioned—he called out for a knife—I do not remember his saying "Jack," or any name—I was alarmed—Morgan did not touch me—he was across the road all the time, and never attempted to approach me at all—it was done very quickly, without the least notice, or a word said to me.
of them crossed to the other side of the road, and the next came up and took hold of Miss Pritchard's bag—he could not get it, and the next came up and caught hold of it—Morgan crossed on the other side of the road—Edwards first took hold of the bag, and then Fitzpatrick came and took hold of it—he did not get it, and called out for a knife; which frightened her so much, she let go of it directly—he got the bag, and put it into his hat; and they all ran away together—I had never seen any of them before—I can speak positively to them—I saw them again at Lambeth-street Office, and knew them again.
Cross-examined by MR. PHILLIPS. Q. What time altogether did this affair take? A. About two or three minutes—I was very much alarmed—all three were together when I first saw them—at the time the violence was done, there were two on one side and one on the other—Morgan did not attempt to touch her at all—the attempt was very sudden indeed, and without any warning—Morgan was on the opposite side of the road at the time the reticule was taken.
BENJAMIN PRITCHARD . I am the father of Mary Ann Pritchard. On the 3d of October, I recollect her coming home, and complaining to me, between one and two o'clock—Phips-cross is about half a mile from my house—I went in pursuit immediately on her arrival, as soon as I could ascertain what was the cause of her excitement—I was going along Walthamstow-common, and there saw somebody going along—I did not know him—I went after him—I saw two more—they were calling each other—all three appeared to belong to one party—they met together in Walthamstow church-yard—shortly after I went out I had called assistance—two of them were apprehended in the church-yard, and the third ran away after the two were apprehended—I pursued him myself, and, with assistance, took him—he was taken one or two fields off the common—the three prisoners are the three persons who were taken.
HUMPHREY MAY . I live at Walthamstow. On the 3rd of October I beard a calling out of "Stop thief"—I immediately went out, and saw Morgan apprehended—when I returned, after pursuing him, I found the other two had been apprehended, but I had not seen them before—I found a reticule and a handkerchief in a ditch—there was a paper in the reticule, but no money—the ditch was in the direction the prisoners had run—Fitzpatrick and Edwards had run in that direction—I have the reticule, and have had the charge of it ever since—I found a paper in it.
MARY ANN PRITCHARD re-examined. This is my reticule—I know it, and know the handkerchief by a mark on it—they are both mine, and what were taken from me that day—this is the paper the halfpence were wrapped in, I believe.
Edwards's Defence. On Friday morning I was at home, writing a sign-board for a person living on Stepney-green, and had just finished it, when Fitzpatrick called on me—he said Morgan was waiting round the corner, and wanted to speak to me—I went and put on my shoes, jacket, and hat, and went round the corner—I found Morgan waiting for me—we all three went into Mile-end-road—Morgan asked me if I had any money, I said I had not, and asked what he wanted it for—he said he had not had any victuals since the day before, except some bread and cheese—I went back and got him some bread and cheese, and borrowed a few halfpence of my mother—we then all three went to Hackney—in going over the bridge, we came in sight of two young ladies; one of them had a reticule—Morgan asked me to go and snatch the reticule, as he thought there was
some money in it; and if I could get it, to throw it to him, as he thought he should have no more victuals that day—I said I would not—he then took a large knife out of his pocket, laid hold of me by the collar, and swore if I did not he would run me through with it—he gave me the knife open—told me to cut the string of the reticule, and throw it to him—as I went to the two young ladies, I shut the knife and put it in my pocket—I merely snatched at the reticule, and ran away—shortly after this, Fitzpatrick came and told me to run away, or I should get into trouble—directly after, I heard Morgan call to Fitzpatrick to come on—he waited till Fitzpatrick came close to him, and then he knocked Fitzpatrick's hat off, and took the reticule out—he took something out of it, put it into his hand, jumped over the hedge, and I lost sight of him—Fitzpatrick said, "We had better make haste home, or we shall get into trouble"—on going through Walthamstow churchyard, Morgan came up to us again—he said he had a d——d good mind to knock my head off for being such a fool, and directly after, I heard a cry of "Stop thief"—In the prison, Morgan said he did not care for this imprisonment, for it was not half so bad as the prison he was in the last time—he was in Newgate for robbing a gentlemen, but I never had any suspicion against me—I had not Seen led into this by Morgan.
Fitzpatrick's Defence. On Friday morning, the 3rd of October, I was going to work with my father—as I went to the docks I met Morgan—he asked me where I was going—I said, "To work for my father"—he asked me to accompany him to a gentleman at Walthamstow, who owed him some money—I said I could not—he said if I would go he would spend some money coming back—I did not know the character he bore, or I should have had nothing to do with him—as I knew my father could finish his work in two hours, I consented to go with him—we both went to the docks—when we came out he asked if I had any money to buy victuals, as he had nothing—I lent him 2d.—he bought bread and cheese with it—we went along the Commercial-road, and he told me to go and call for Edwards, as he did not wish to call himself, as his mother had forbidden him the door, and he wished to get something out of him—Edwards came to the door without shoes or hat on—I told him Morgan was waiting for him—he went and put on his things, and came out—in Mile-end-road, Morgan asked Edwards if he had any money, as he had had nothing to eat except bread and cheese—he said he would get him some—he went back, brought him some bread and cheese and a few half-pence, and gave to him—he then asked Edwards to come with us to Walthamstow—we went through Hackney, over a bridge—and by a dead wall we came in sight of two young ladies—one had a reticule—Morgan said, "Go and seize the reticule, I think there is money in it, and I do not think I shall get any thing to eat to day"—Edwards refused—Morgan pulled out a knife, and swore if he did not he would run him through—Edwards took the knife in his hand—he made a snatch at the reticule, and ran away—Morgan then said, "There is a d—d vagabond," and told me to go—I said I would not—he said he would run me through the head if I did not—I went and matched at it, but the lady held it—I called to Morgan for a knife—she then let go, and I put it in my hat—I overtook Edwards, and told him to make haste home, or he would get into trouble—Morgan came and took the reticule out of my hat—we went into the church-yard, and were taken into custody—since we have been in custody Morgan has said he did not care a d—n for the imprisonment—for the last time he was committed to Newgate
for stealing a gold breast pin out of a gentleman's bosom—this is the first time I have been taken even on suspicion.
Morgan's Defence. It is all false what they have been saying, they made it up of their two selves, since we have been in prison—Edwards and Fitzpatrick came to my house, and said, "Will you take a walk with me to my cousin's, at Walthamstow?"—I said I would go to the docks first, to see if there was any work for me—I went, and there was no work for me—I said I would go with them—going along the road, Edwards saw two young ladies, and said to me, "Morgan, will you assist us in getting the young ladies' reticule?"—I said, "No, I will have nothing to do with it; you won't carry on that game long; if that is your intention I shall leave your company"—I ran away, and stood at a turning—I saw Edwards snatch at the reticule—he failed in getting it—Fitzpatrick seized it very violently, pulled it for a moment, then called to Edwards, "Jack, bring a knife"—the young lady seemed terrified, and let it go—I ran along the turning about two hundred yards, then looked behind me, and saw Edwards and Fitzpatrick scuffling together—I went on till I passed a gentleman—I then looked, and Fitzpatrick was running towards me—I ran, and got over a hedge to avoid him; and when I thought I was quite clear of them, I came out into the pathway into the churchyard, and who should I see, but Edwards and Fitzpatrick—Fitzpatrick seeing me, pointed me out, and said, "There if that d——d vagabond"—Edwards said to me, "Get out, you frightened fellow, I will serve you the same as I did Fitzpatrick"—I said, "I do not want your company; I will get home as quick as I can"—I have never been in custody before.
JURY. Q. Was the bag found in the direction Morgan ran? A. Yes—I had him in sight all the way; if he had thrown any thing away I most have seen it.
Q. Was it in the space of ground he ran over after you first saw him, that it was found? A. No.
MARY ANN PRITCHARD re-examined. Edwards made a match at my bag in the first instance, and could not get it, and then Fitzpatrick came and took hold of it—I did not observe whether Edwards said any thing to Fitzpatrick before he came to take it.
MR. COPE. I am governor of Newgate. I know nothing whatever of Morgan having been here on any charge.
Fitzpatrick. A gentleman at Lambeth-street said, "Morgan, it is but a few months since you were here before for stealing a gold pin."
MR. COPE. I had a man named David Jones, committed from Lambeth-street, for stealing a gold pin, but he was fifty years of age—I have been governor of Newgate upwards of twelve months.
CHARLES MORGAN . I am the prisoner, Morgan's, brother. My father once held a situation of respectability on the Corn Exchange, and left his family in rather narrow circumstances—my brother has been in America since his father's death; he was gone twelve or fourteen months—he then came home, and occasionally has had constant work—I got him a situation in two foundries; one was Griffin's iron foundry—he left there because there was not sufficient work for him—he endeavoured to support himself by getting work at the docks—he always bore an honest character—I
never knew him taken up on any charge—some friends promised to attend here for him, but are engaged in business.
GEORGE MORGAN . I am also Morgan's brother—he went to America to try to better his fortune, and since that, has endeavoured to support himself honestly—he has been employed at two foundries, and worked at the docks—he has always borne an honest, respectable character.
(Robert Soanes, rope-maker, of Stepney, deposed to Morgan's previous good character; John Gas, a carpenter; and Justin M'Carthy, a painter, deposed to the same in behalf of Edwards.)
EDWARDS— GUILTY— DEATH . Aged 17.
FITZGERALD— GUILTY— DEATH . Aged 17.
MORGAN— NOT GUILTY .
Second Jury, before Mr. Justice Littledale.
203. CHARLES JONES and WILLIAM TAYLOR were indicted for feloniously and burglariously breaking and entering the dwelling-house of William Henry Haynes, about nine o'clock in the night of the 7th of December, at St. George, Southwark, with intent to steal the goods therein, and stealing therein 2 coats, value 5l. 2 pair of boots, value 5s.; 2 pair of trowsers, value 12s.; 3 shirts, value 10s.; 4 handkerchiefs, value 10s.; 4 cravats, value 4s.; 1 cap, value 1s.; 4 knife rests, value 10s.; 2 gold pins, value 10s.; 1 neck chain, value 5s.; 1 gold ring, value 4s.; 1 watch key, value 1s.; and 1 napkin, value 1s., his property; 1 silk pelisse, value 30s.; 2 gowns, value 10s.; 1 cotton dress, value 5s.; 1 necklace, value 10s.; 1 ring, value 5s.; and one other ring, value 5s.; the goods of Sarah Haynes.
SARAH HAYNES . I live with my brother, William Henry Haynes, who is a tailor, at No. 15, Great Union-street, Borough-road, in the parish of St. George. Last Sunday week I left the house at twenty minutes after four o'clock in the afternoon—I was the last person that left it—I went out alone—I fastened the door, which has a drop-latch to it, which we had put on because we thought the lock was unsafe—I pulled the door to, tried it after me, and found it was fastened—I fastened the back door and every window in the house—my brother had gone out at one o'clock, and the apprentice went out before him.
Cross-examined by MR. CLARKSON. Q. How many windows are there to the house? A. I think there are eleven—one is a borrowed light, and requires no fastening, because it does not open—there is one front area window, and one back—I fastened the front one last of all—I went into every room, and fastened every window, from the attic downwards, and went into the yard—I am always extremely particular in leaving the house—I put the latch key in my pocket—I did not drop it as I went along—my key was broken in the handle—the policeman found a key by the door, but I have no knowledge of that key—my brother had no servant then—the had been gone some time—I went out at twenty minutes after four—I looked at the clock—it was dark—I double-bolted the yard door—the house is not in the parish of St. Olave, but St. George.
WILLIAM HENRY HAYNES . I am a tailor, and live at No. 15, Great Union-street, Borough-road. I left home last Sunday week, a few minutes before one o'clock—my apprentice went out before me—my property was safe in the house when I went out—I returned about ten minutes before twelve o'clock in the evening, and in consequence of information, I examined the house and missed the property stated in the indictment—I found no
marks of violence of persons having got into the house—I have a large hair trunk in my bed-room, which had been forced open—the hasp was broken in two—only four knife rests were taken out of that—I saw no marks of violence on any other part of the house, but the house was in complete confusion, all the drawers turned out, and boxes; and every thing nearly on the floor, and the bed turned up as if they had been hunting for money—my street door is usually left on the drop latch.
Cross-examined. Q. Do you hold a lease of the house? A. No; I am a tenant at will—I have no partner—my sister is my housekeeper—I am rated for the house—I have no lodgers.
EDWARD LANGLEY (police-constable L 148.) Last Sunday week, I was on duty in Blackfriars-road, and saw the two prisoners—I had seen Jones before—they had two large bundles tied up in silk handkerchiefs—each had a bundle—it was a little before nine o'clock at night—they were getting into a cab—I followed the cab into the Commercial-road, Lambeth, to the bottom of Duke-street—I could not keep quite up with the cab, and the prisoners had got out before I arrived—the cab was just turning round to come back—I made some inquiry, and went on Monday morning to the house, No. 11, Duke-street, Stamford-street, Commercial-road, a little before nine o'clock—Ayles, a brother constable of the M division, went with me—I found the two prisoners there, and a female whom Jones said was his wife—I found them in the first-floor front room—I saw in the room the property corresponding with a list I had got from Mr. Haynes, lying in different lots—I had been overnight to make inquiry where the robbery had been committed, and left a man to watch the door of No. 11, Duke-street—I saw Mr. Haynes about the middle of the night, and got from him an account of the property—I found two coats, two pairs of trowsers, three shirts, five silk handkerchiefs, four cravats, a silk dress, a muslin dress, two cotton dresses, a necklace, four knife-rests, two handkerchief pins, two gold pins, and several other articles—I found all the property mentioned in the indictment—there were two pairs of boots—two shirt-bosom fronts, a Guernsey shirt, a cape, a gentleman's cap, a shawl, and a piece of cloth—when I went into the room, I told the prisoners I wanted to see what they had got there—Jones said, "Very well"—I neither threatened them, nor made them any promise whatever—Jones said, "Very well, it is a bad job," and he said I was not to say too much—he asked how the devil I happened to get the information?—I told him that that was my business, and at last I told him that I had seen them overnight get into a cab, and followed them to the end of Duke-street—that he need not fancy any one had given information against him; that it was all my doing—I took the prisoners to the station-house with the property—after I had tied up some of the things, Jones delivered a silk dress to me, and said it was part of the property—he took it off the door which it hung on, and chucked it down on the bundle—he gave me some other articles, and said they were part of the property—I took the prisoners and property to the station-house.
Cross-examined. Q. Did you fix the value of the things when you went before the officer to take out the indictment? A. No; I have told all that passed at Duke-street, to the best of my recollection—I do not recollect the words that Taylor used—I believe he said something, but I do not know what it was—I did not recollect what he said when I was before the magistrate—I am correct as to what Jones said—I cannot account for not knowing what Taylor said, unless he was talking to my brother
constable at the same time as Jones was talking to me—I addressed myself to Jones.
Q. You say Taylor was in the cab the night before? A. Yes, to the best of my belief—according to his appearance, height and size—I never said I saw Jones and another man in the cab, without saying it was Taylor—I saw them opposite the King's Head, where there is a good gaslight—they got into a cab from the Crown, as I passed by—I had never seen Taylor before, to my recollection—I have a pretty good recollection of persons when I have seen them.
Q. Now did not Taylor, when you entered the room, turn round to Jones and say, "You see what a mess you have got me into by my sleeping with you last night?" A. I heard my brother constable say so—I do not swear positively Taylor is the man—it is my belief he is the same person—I have not the least doubt of it—I should not like to swear positively to him—none of the doors of the prosecutor's house were open when I went there—I recollect my brother officer mentioning before the magistrate what Taylor said to Jones—I do not recollect hearing it before—we had no time to be together from the time we took them, till we met before the magistrate—I have not got the landlord of the house in Duke-street here—I do not know that Taylor did not live there—I found him there that morning—I have not taken pains to ascertain whether he lived there—I do not know whether there were other lodgers there—the landlady opened the door to us—I did not ask her if Taylor lived there—I described the persons, and asked if she had such and such persons living there—she said, "Yes;" on the first floor—I described both their persons—I cannot say Taylor did not live there—I got my information from several of the inhabitants overnight—the man whom I placed to watch the door is not here—he was one of the men on the beat—I told him to see that nobody came out—I followed the cab from the King's Head, Blackfriars-road, to the Commercial-road, alone—I think it is half a mile—the cab drove fast, and I ran fast—my object was to see where they were going to, and to take them; but I could not take them by myself—if I had called "Stop thief," and asked for assistance, I should have been afraid of losing them—there were policemen on their beats—I did not ask them to assist me—the cab started off at a very quick rate—I could not procure assistance at that time, they went off at such a quick rate—I might have cried out, and then perhaps they would have got away—I was about one hundred yards behind the cab when they got to Duke-street—if I had stopped the cab, I should have known both the persons in it—I do not think the silk dress was in the list I had—Taylor did not claim any of the property—I do not know what he said at all.
WILLIAM AYLES (police-constable M 53.) Last Sunday week I was near Mr. Haynes's house, about twenty minutes before nine o'clock—there were ten or twelve people there—in consequence of what I heard, I went to the crowd and got information—I sent information of it to the station-house—I did not knock at the door, nor did any body in my presence—I was examined before the magistrate—I did not state that I did.
COURT (reading from witness's deposition.) Q."About twenty minutes before nine o'clock I was on duty—I saw several people round the door—on going up I received information, knocked at the door, but nobody answered me;" is that your evidence? A. The rest of the statement is what I stated, except knocking at the door—I sent a constable to the
station-house—I waited by the door the whole time, till I got admittance—I know Mr. Haynes's apprentice—I saw him trying to open the door, he could not do it—I took the key and opened it myself—he had a key with him—it was in the door—I opened the door with it and went into the house—I found the place in great confusion up stairs, and a candle burning on the front parlour table—there was some dirty linen of different descriptions lying about, and a cash-box, which was open, but no marks of violence on it—I saw a hair trunk open and the lock broken, there was some plate in it—next morning I went with Langley to No. 11, Duke-street, and assisted in apprehending the prisoners, and found the property which has been produced—I saw a screw-driver at No. 11, Duke-street, which I tried on the hair trunk—it corresponds with the mark under the lock, where it appears to have been prized out—when I went into the room, Taylor said to Jones, "I have got into a pretty thing by sleeping with you last night."
Cross-examined. Q. Was that said in the hearing of your brother policeman? A. We were both in the room at the time, but in the confusion he might not have heard it.
RICHARD ARNOLD . I am a policeman. I was at Mr. Haynes's, on Sunday evening, from nine to six in the morning—about half-past ten at night, I found a latch key on the window-cill—I have it here—I tried it to Mr. Haynes's door—it goes very hard, but it opens it—the window-shutter is inside.
Cross-examined. Q. Did either of the prisoners see you find it? A. No.
SARAH HAYNES re-examined. I know all this my property. The shawl belongs to me, and the other property—the dresses, the necklace, and ring belong to me—here are three dresses, a silk pelisse, which the witness has called a gown—they all belong to me—they were in the house on the night of the robbery—I valued the pelisse at 30s., and the three dresses at 5s. each, the necklace 10s., and the ring 5s.
Cross-examined. Q. Is the pelisse new, or nearly so? A. I had it last summer, and wore it very little—it cost me 3l.
WILLIAM HENRY HAYNES re-examined. Here is a great-coat, worth 2l., and a frock-coat, which has not been worn above twice, worth 3l.—five silk handkerchiefs, worth 12s. or 14s.; two pairs of trowsers, worth 10s.; two shirt-fronts, worth 4s.; fourcravats, worth 2s.; a Guernsey shirt, worth 2s.; three shirts, worth 6s.; a cap; and a gold pin, attached to a chain, worth 10s.—this latch-key is not mine—I never saw it till I was at Queen-square.
JURY. Q. How many persons, belonging to your house, had keys to fit the latch? A. Only my sister and myself—this is a third key, and does not belong to either of us—the apprentice had not a key, only when we lent him ours—I had not lent him one that evening, but he had it to come home with—I believe my sister is mistaken in saying she put her key in her pocket, for she gave it to the apprentice, who was ordered to come home at half-past eight, because we were all out—her key had the handle broken.
JURY. Q. Can you explain how the apprentice had the key? A. Yes; it was a mistake of mine; I gave him the key before I went out—the apprentice is here if he is wanted.
Jones's Defence. I am innocent as to the charge of robbery—I leave the case to my counsel.
Taylor's Defence. All I have to say is, I am perfectly innocent—I called at Jones's house, and spent the afternoon and evening with him—it being rather late, I staid all night, and as I was cleaning myself to go out, the policemen came, and took us into custody, for what I did not know.
(Richard Julian, surgical-instrument maker, Gibraltar-row, St. George's-road; and Sarah Gillott, wife of Henry Gillott, plaster-of-Paris manufacturer, Medway-street, Westminster, deposed to the prisoner Taylor's good character.)
JONES— GUILTY— DEATH . Aged 30.
TAYLOR— GUILTY— DEATH . Aged 21.
Third Jury, before Mr. Serjeant Arabin.
204. JOHN SMITH was indicted for feloniously and burglariously breaking and entering the dwelling-house of John Griffiths, about eleven in the night of the 30th of November, at Christchurch, Middlesex, with intent to steal; and stealing therein 1 coat, value 6s., and 1 jacket, value 1s., the goods of John Roberts.
SARAH ROBERTS . I am the wife of John Roberts, and lodge in the house of James Griffiths, who lives there himself. My husband is a bricklayer, and is sergeant of the 2nd regiment, of the Tower Hamlets militia—on Sunday night, the 30th of November, I went out about eleven o'clock—my husband had gone out about half-past eight o'clock, and I went after him—I left all my property in the room quite secure and safe—I did not lock the door—it fastens with a padlock—I put the hasp on inside, and fastened the hasp with an iron holdfast besides—if any body took out the iron holdfast, it could be opened, but not without—he must take out the iron holdfast which I put in, instead of putting on the padlock—I am sure I fastened it in that way, and went out leaving every thing in the room secure—I was not out more than a quarter of an hour—I returned about a quarter past eleven o'clock—the street door was not latched, it was put close to—my husband went home with me, but I went up stairs first—I found the street door wide open, and the candle on the stairs where I had left it—when I got to my room I found the room door wide open, and the prisoner standing with his back before the fire—he had my husband's working jacket on his back, and my husband's great coat on his arm—as soon as I could speak I said, "My good man, what do you do in my room?"—he said he had made a mistake—that he had been to a wake on the Saturday night, and he had come into the wrong room—he never lodged in ray house—he was quite a stranger—I have lived there twelve months—he never had a room in the houses while I hate lived there—he pretended he had been to a wake, and was tipsy—my husband came up stairs directly, took him down stairs, and gave him in charge—he said if my husband meant to give him in charge he would, not go—that he should carry him—there was no candle in the room.
JOHN ROBERTS . I returned home with my wife, about fourteen minutes after eleven o'clock—she went up first with the candle, I found the street door wide open—she held the candle while I fastened the street door, as every body was in bed—I followed my wife up stairs as close as possible, and heard the conversation between her and the prisoner—he had my jacket on, and my great coat on his arm—I never saw him before, to my
knowledge—I took him into custody, and gave him to the policeman—I drew out my bayonet, not knowing whether there was any more in the room—I told my wife to examine and see if any body was under the bed, and while he was pulling off my jacket I found there was nobody else, and took him down stairs—my house is in the parish of Christchurch, Middlesex.
GEORGE STEVENS (police-constable H 121.) I was fetched from the station-house to take the prisoner—I found him lying down on his back in the road, and the prosecutor holding him—he would not go further—I returned and examined the door—I found the staple forced out, and parts of the door jamb broken out with it—great force had been used to get it open—it was very dark in the passage, and I suppose he could not tell it was not padlocked, and wrenched it out.
Prisoner's Defence. I was in distress—on Saturday night I went over to my friends to get a few shillings for my wife, and five children—one of my friend's children was dead—I stopped at the wake and got so much liquor, I did not know where I was going—I went to this room, and know no more about it—if I had had my understanding, I had no occasion to pull the staple out—I beg for mercy.
GUILTY . DEATH .—Aged 54.
There was another indictment against the prisoner for burglary.
LONDON AND MIDDLESEX LARCENIES, &c.
OLD COURT.—Monday, December 15th, 1834.
First Jury, before Mr. Recorder.
JOHN FRANCIS SIMS . I am a coach-maker, and live in Great Queen-street, Lincoln's-inn-fields. About half-past three o'clock in the afternoon on the 28th of November, I was at the corner of Gray's-inn-lane, looking at a picture shop—I felt something at my pocket—I put my hand into my pocket, and missed my handkerchief—I have since seen it in the hands of policeman E 104—when I turned round, I saw the prisoner near me—he was close to me by my side, when I felt something at my pocket—when I looked round, he walked away—I followed, and kept close behind him—I saw a policeman, and on his coming up, the prisoner ran off—I told him to stop the prisoner—he pursued him, and I saw him in custody in Southampton-buildings in about two minutes—the policeman produced the handkerchief.
ROBERT TIPPLE (police-constable E 104.) About half-past three o'clock on the 28th of November, I was in Holborn, and in consequence of information from the prosecutor, I ran after the prisoner, who was running at the time—he turned up Southampton-buildings, and flung the handkerchief away from him into the passage of a baker's shop—I saw that—a stranger picked it up and brought it to me, after I had secured the prisoner—I had lost sight of it—I saw the colour of it as he threw it down—I was
in Southampton-buildings when it was delivered to me, close to the baker's shop—I produce it.
Prisoner. He said at the station-house, there was another person with me at the time the handkerchief was thrown down—several persons ran down the buildings with me. Witness. There was not one running with him—I did not say so, nor did the prosecutor—I saw nobody but him running down the buildings—I am quite sure I saw him throw the handkerchief down.
JOHN FRANCIS SIMS re-examined. I believe I said there was another person with the prisoner at the time I missed the handkerchief—there was another person standing by—I do not know who he was—this, is the handkerchief I lost—my initials are on it.
Prisoner's Defence. It was not me that had it—another person was going down the buildings who worked in the same shop as I did—the prosecutor's friend has inquired into my character.
JOHN FRANCIS SIMS re-examined. I sent a person to inquire into his character, and found it was his first offence of that kind—I inquired of one Watson, under book-keeper at the Bull Inn—he had lived at the Bolt-in Tun at one time, and the prisoner had been errand-boy there—I found out that he had been there—nobody requested me to make inquiry.
GUILTY . Aged 22.— Confined for Six Months.
Before Mr. Sergeant Arabin.
MR. GURNEY conducted the Prosecution.
THOMAS CROSS . I was in the employ of John Gower as warehouseman—he has other partners—they live in St. Paul's Church-yard—I saw the prisoner there on the 31st of October—he requested to see some shawl dresses—I showed him some—he selected three—he afterwards requested to see some twilled cambrics, of which he selected one piece—he then requested to see some book muslin, and selected two pieces—he then requested to see some Scotch cambrics, and chose two pieces of that—he then requested to see some jaconet muslins, and took five pieces—the whole property was worth about 10l.—he had three pieces of cambric muslin—he said they were for John Gower, of Newington—we have a customer of that name living at Newington, but where there I cannot say—we had not more than one customer named Gower, living at Newington, to my knowledge—he wished to take part of the goods with him—I took him down into the entering room, and gave Wrench the goods the prisoner had selected.
Cross-examined by MR. ADOLPHUS. Q. Did he say Gower had desired him to buy the goods? A. He said they were for Gower, of Newington—he did not say John Gower—he did not say Gower had directed him to purchase them—after selecting the goods, he said, "These are for Gower, of Newington."
COURT. Q. Did he name Gower's name before the goods were selected? A. Not till after they were selected—I said, "Who are these for?" he said, "For Gower, of Newington"—that was after I had arranged about the price.
CHARLES JOHN WRENCH . I am entering warehouseman to Messrs. Cowper, there are two other partners. On the 31st of October, the prisoner came by himself into the room I was in, and stated that he had looked
out some goods for John Gower, of Newington, and wished to take them with him—the goods had been sent down by Cross—I said it was against the rule of the house—that I could not let him take any goods away without he had an order—he said, "Very well, then send them to George Brettle and Co., Wood-street, to enclose for me"—and just as he was going away, he turned back sharp on his heels and said, there were two or three dresses and a shawl he wanted particularly for a customer, would I allow him to take them with him—I gave them to him, and gave the rest to a boy named Tasker, to take to Brettle's warehouse.
Cross-examined. Q. Was it because he said he wanted them for a customer that you let him have them? A. Decidedly so—I should not have let him have them if he had not said so—I did not see him in Cross's presence, that I recollect.
DAVID TASKER . I am porter to Messrs. Cowper. On going out with the cart, on the 31st of October, Wrench delivered me some goods—I took them to Mr. Brettle's, Wood-street—when I got to Wood-street, I saw the prisoner—he said, "They are quite right"—that was in answer to a question from me—he said nothing more—I delivered the goods into his hands.
Cross-examined. Q. Had you the two parcels? A. No, only one.
JURY. Q. Did you deliver them in Mr. Brettle's warehouse? A. Yes—the prisoner was inside the warehouse, and a porter was there packing a truss—the prisoner took the parcel from me—I thought he came from John Gower, of Newington.
MR. PHILLIPS. Q. How did that appear to you? A. I sometimes take goods there for Mr. Gower—I only know one customer at Newington named Gower—Mr. Wrench desired me to take the parcel to Mr. Brettle.
JOHN GOWER . I am a draper, living in High-street, Newington-butts. I have been in the habit of purchasing goods of Messrs. Cowper—the prisoner was never in my employ—I never gave him authority to get goods form Messrs. Cowper—I do not know any body of my name in business at Newington.
Cross-examined. Q. Does any body of your name live at Newington?—A. Not any body, to my knowledge—mine is rather a rare name—I will not swear there is not another person named Gower, at Newington—I believe there are not twenty of that name there, but I will not swear it—I do not believe there are.
JURY. Q. Do you know any body of the name of Gower in Newington? A. I do not—I have resided there about twelvemonths—I believe there is no other shopkeeper of my name—I will not swear it.
(Property produced and sworn to.)
JURY to C. J. WRENCH. Q. You directed the porter to take the goods to Brettle's—why not direct him to take them to Newington? A. Newington is so far distant, we could not send at that time of day, conveniently—we sent them to Brettle's, by his desire—we would not trust him with them.
MR. GURNEY. Q. What did you give the prisoner? A. Three shawl-dresses and a piece of cambric.
MR. PHILLIPS. Q. Were you in the room when the prisoner said he wanted to send some of them to a customer? A. No.
MR. PHILLIPS addressed the Jury on behalf of the prisoner; and Samule
Gibney, grocer, Union-street, Oxford-street; and Thomas Alliston, publican, South Audley-street, gave him a good character.)
GUILTY . Aged 20.— Transported for Seven Years.
There were two other indictments of a similar nature, against the prisoner, to which he pleaded guilty.
JOHN DYSON . I live in Thurlow-place, Hackney-road, and am a fruit-merchant. On Sunday, the 30th of November, I was in Hackney-road, about half-past twelve in the day—I felt something at my pocket—I turned round and saw the prisoner and another older lad, I suppose twenty or twenty-one years of age—I seized them both, but the other slipped away from me, and in scuffling with him, I felt something go down the calves of my legs—I turned and saw my handkerchief going down from the prisoner—I know it was from him, as he was behind me, and I had hold of the other in front of me, with my left hand—I took up the handkerchief and gave it to the officer with the prisoner—he did not say any thing, nor yet the chap who ran away—there was no other person near me but Mrs. Dyson, and no one but the prisoner could have dropped the handkerchief—this is it.
WILLIAM HARRISON . I live in Hackney-road, and am a labourer. In the afternoon of the 30th of November, I was in Hackney-road, and saw the prisoner and another behind the prosecutor—the prisoner took the handkerchief from the prosecutor's pocket—I had some pots in my hand belonging to the public-house—I went in and put them down, and when I came out I saw the prisoner in custody.
GEORGE LIVY (police-constable N 57.) I received the prisoner and this handkerchief—I asked him if he knew what he was charged with—he said yes, but he knew nothing about the handkerchief, nor of the man who ran away.
Prisoner's Defence. I was walking down Hackney-road, and another boy was close by me—this gentleman turned and caught hold of me and the other, and said I had picked his pocket.
(Timothy Calaghan, of Castle-street; and Ann Roberts, Shacklewell-street, gave the prisoner a good character.)
GUILTY . Aged 14.—Recommended to mercy.— Confined Six Months.
ELIZABETH PENNY . I live in Homer-street, and am the wife of William Penny, a cooper. I was going to the Pomfret Castle public-house on the 2nd of December, about ten o'clock—I met a man in the garden of that house, with a cask on his shoulder—he had a leathern apron on—I went in and told Mrs. Watts.
CHARLES BOTT . I am a waiter at the Pomfret Castle, Southampton-row, New-road. We lost a wine-cask from the front garden, on the 2nd of December—I received information, and went to Harcourt-street—I saw the prisoner there, with the cask on his shoulder—I called out, "Stop thief, "—he dropped it, and ran in the direction of Seymour-place—he was stopped there by the policeman, in my sight—he said at the station-house that he got the cask from a waggon at Paddington, and then he said it was at the
corner of Homer-street, New-road—he was sober—the cask is the property of Mr. David Watts.
DANIEL NORGIN (police-constable D 38.) About ten o'clock at night, on the 2nd of December, I was on duty in Seymour-place. I heard a cry of "Stop thief"—I turned, and saw the prisoner running towards me as hard as he could run—I stopped him—he said, "What have I done? If I have done any thing amiss, I will tell you where my mother lives"—he said he had the cask from Paddington, and then at the top of Homer-street—he did not appear intoxicated.
Prisoner's Defence. I was in liquor, and in going along, I saw the cask in the road, and picked it up, as I supposed it had fallen from some waggon.
(Joseph Anderson, of Wells-street, Oxford-street, gave the prisoner a good character.)
GUILTY . Aged 20.— Confined Six Months.
209. JAMES BAKER was indicted for stealing, on the 6th of December, 2 shawls, value 5s.; 30 yards of ribbon, value 9s.; 1 handkerchief, value 2d.; and 28 pieces of ribbon, containing in length seven yards, value 1s.; the goods of John Falshaw Pawson and others, from the person of Richard Cleaver Warner.
RICHARD CLEAVER WARNER . I am porter to Messrs. Pawson and Company, of St. Paul's Church-yard. On the 6th of December, I was in Wood-street, Cheapside—I had a parcel in my pocket—I do not know the contents, but I missed it—I turned, and saw the prisoner passing from behind me—he crossed the road, and when he got to the corner of Huggin-lane, he ran—I ran, and called "Stop him"—he threw this parcel behind him—I took it up, and pursued him till the policeman took him.
Prisoner. He stated at Guildhall that he never saw me at all—he had a large box on his head. Witness. I saw him throw the parcel behind him, and I felt some person push me, as if they wanted to pass—I had a box on my head, weighing a half-hundred weight.
Prisoner. He says he saw me throw the parcel down, and I was running, and the policeman knows that I was walking—I was going along the same as other people.
STEPHEN POWELL (City police-constable No. 69.) I took the prisoner and have the parcel—it has the same contents as it had then, except two letters, which were going into the country—the prisoner was walking when I stopped him—the porter called out, "Stop that man in blue"—the prisoner said, "It is not me, it is some one else"—I cannot tell whether he had been runing before—my back was towards him at first.
Prisoner's Defence. I was going to market to buy something for my Sunday dinner—I was walking through the alley, and they cried out, "Stop that man in the blue coat"—I walked on till I came to the policeman—he said to me, "You seem to be the man"—I said I had done nothing—this boy then ran up, and said he saw me throw down the parcel—I had left work at half-past six o'clock—the officer knows he saw the boy come running up; he said he saw me drop it, and he was behind me.
JURY to STEPHEN POWELL. Q. Were there other persons there? A. There might be ten or twelve persons, but the prisoner was the foremost—Warner was six or seven yards behind him, coming as fast as he could, considering that he carried a box—Holden was close behind him.
GUILTY .* Aged 33.— Transported for Seven Years.
JOHN GEORGE FOXCROFT . I live in Soley-terrace, Claremont-square, Pentonville. On the afternoon of the 28th of November, I was walking in Smithfield, near the end of Giltspur-street—I felt something at my pocket—turned, and saw the prisoner with my handkerchief in his hand—I collared him, and gave him to the policeman—he threw the handkerchief down—another boy picked it up and gave it to me—this is it.
JURY to JOHN GEORGE FOXCROFT. Q. How is it the boy is not here, who picked up the handkerchief? A. I let him go, thinking I could not take them both—I suppose he was an accomplice—the prisoner's mother bears a good character.
The prisoner put in a written defence, stating that he had found the handkerchief on the ground.
GUILTY . Aged 20.— Confined Six Months.
RICHARD WATSON . I live on St. Andrew's-hill, Doctors'-commons; I am a gas-fitter. The prisoner was in my employ—on the Friday evening my man marked this brass in my presence, and on the Monday after (the 8th of December) I saw the prisoner go out of the shop—I followed, and brought him back, and sent for the officer—I found on him some metal, and some cocks in his jacket pocket—it is mine.
Prisoner. Q. What is the mark? A. Three marks with a file inside—the other was marked by Richard.
The prisoner pleaded poverty.
(—Bank, of No. 5, King's Bench-walk, a broom-merchant, gave the prisoner a good character.)
GUILTY . Aged 23.— Confined for Six Months.
THOMAS BROOK . I am a pawnbroker, and live in Whitecross-street. On the afternoon of Monday, the 24th of November, the prisoner came to my shop—he offered a tea-spoon to pawn—I asked where he got it—he told me it was his mother's, and she had sent him with it, and he was to ask half-a-crown
for it—I said I very much doubted it—he said, "Give it me back"—I said, "No; where does your mother live?"—he said in Featherstone-street—I said I would go to her—he rather resisted my going, but I said I would, and in going we passed the station-house, and I took him in there—he had before told me his mother's name was Clark—he then said her name was Neehan, and he had found the spoon in a gutter, near Finsbury-square—I marked the spoon, and delivered it to the policeman.
NATHANIEL WOOD . I live with my brother-in-law, in Chiswell-street—I am a printer. This spoon is mine—I have five more like it—they were my mother's—this is worth about half-a-crown—the prisoner was in my brother's employ at the time this happened—he had been there eight months—he had to pass the kitchen door in going to some men who were at work—he has been a good boy—he had no business in the kitchen.
JAMES HAYWOOD (police-constable G 173.) I was at the station-house when Mr. Brook brought the prisoner—I took him, and produce the spoon to-day—I found the prosecutor, who claimed it—he said he found it in Finsbury-square, and then he said in Chiswell-street.
(William Fitzgerald, of Crown-street, Finsbury, gave the prisoner a good character; and Richard Ryan, of Hand-alley, promised to take him apprentice.)
GUILTY . Aged 13.—Recommended to mercy by the Jury.
Confined One Month.
CHARLES CLAMP . I live in Church-entry, St. Ann's, Blackfriars. On the 4th of December, I was coming along Aldgate, about half-past seven o'clock—there was a little shuffling in the street—I turned my head, and the officer had got my handkerchief, and the prisoner.
SIMEON BRACKLEY . I am a watchman. On my way through Aldgate, about half-past seven o'clock, I saw the prisoner follow the prosecutor from Duke-street to Mitre-street, where the Stratford coaches collect—the prosecutor tried to get through—I saw the prisoner lift his pocket, and draw the handkerchief—I collared him, and he dropped it at his feet—my fellow-watchman picked it up, and the prosecutor claimed it.
(Property produced and sworn to.)
GUILTY . Aged 16.— Confined for Six Months.
WILLIAM LUCAS . I live at Barkingside, Essex, and am a carrier. I was employed to deliver a load of straw at Shadwell—I had this rope tied to the hames, and when I had unloaded I missed it—there are twenty-six yards of it.
JOHN NICHOL (police-constable K 38.) On the night of the 27th of November, I was in High-street, Shadwell—I saw the prisoner with this rope—I asked him where he was going with it—he said to his uncle in Sidney-street, Commercial-road, and he had brought it from his mother's in New Gravel-lane, No. 18, over the bridge—I said I would take him to his mother—I went back the way be came, and he dropped some of the
rope—I told him to pick it up—he said it did not signify, and he threw it down, and ran—I pursued, and took him—he was very near Mr. Fleming's, where the straw had been delivered—he came from the back of the premises.
Prisoner's Defence. I found the rope.
(Charles Eyles, of High-street, Shadwell, and Mary Flower, gave the prisoner a good character.)
JURY to WILLIAM LUCAS. Q. Could the rope have fallen? A. No; it was tied, and must have been taken off—I missed it before I moved the cart—I did not see it taken—I had to go into the loft.
GUILTY . Aged 13.—Recommended to mercy.— Confined One Month.
OLD COURT.—Tuesday, December 16th.
Second Middlesex Jury, before Mr. Sergeant Arabin.
215. THOMAS SORRELL was indicted for stealing, on the 3rd of December, 1 box, value 3d.; 30 glass bottles, value 2s. 6d.; 2 1/2 gallons of oil, value 23s.; and 3lbs. weight of paint, called Vandyke brown, value 30s.; the goods of Charles James Jones and others.
JOHN SHOOTER . I am in the service of Charles James Jones and his partners, who are oil and colourmen, living in Leadenhall Buildings, Grace-church-street. On the 3rd of December I had some goods to take to various customers in a waggon—I had two boxes, containing thirty glass bottles, and some oil and paint, directed to Mr. Hitchcock, Taunton—this is the box—I was in Fore-street between five and six o'clock, and left my waggon for about five minutes, at the outside—I returned and saw this box in the middle of Fore-street—I had left it sale in the waggon—I saw the prisoner in custody immediately afterwards.
Cross-examined by MR. BODKIN. Q. It was getting dusk, was it not? A. Yes—I was gone about fire minutes, not more—I went down to Batch's yard to get in with the waggon—I had desired a boy, named Robert Speare, to mind the waggon—I do not know whether I desired a woman, named Meakins, to watch the waggon—I gave a woman 1s. for coming before the magistrate to give evidence—I did not take her before the magistrate myself—she was there, and was examined.
ROBERT SPEARE . I am in the employ of Messrs. Jones. I was out with the waggon—this chest was in the waggon—when Shooter went away, I was standing by the waggon on the pavement side—I heard the cry of "Stop thief"—the prisoner was brought back within a few minutes.
Cross-examined. Q. Do you know a woman named Meakins? A. I do not—I saw a woman before the Alderman—I do not exactly know whether it was that woman that called "Stop thief"—I was at the other side of the waggon—I saw the woman there—I was there to look after the waggon—I do not know whether the woman was looking after it—the prisoner was brought back about two minutes after the cry of "Stop thief"—the woman was there then—I cannot tell whether she saw him—the prisoner was brought back to Batch's—I saw them take him up Moor-lane.
DANIEL FIGGINS . I am a porter to Mr. Le Marchant, of London-wall. I saw this waggon in Fore-street—I was on the pavement, and saw the prisoner on the wheel of the waggon, with a half-chest in his hand—he took it from the waggon, threw it down in the street, and ran off—I cried
"Stop thief," and pursued him—he was stopped close to my feet—I am certain he is the man.
Cross-examined. Q. How far was he from the cart when stopped? A. He ran down New Basinghall-street, and turned down London-wall into Aldermanbury—he turned four corners and went into four streets—it was dark, and a good many people were about—I saw a woman there with fruit—she called out "Thief," which made me look at the prisoner—it was her calling out that first drew my attention to him—a woman was examined before the Alderman—I cannot tell whether she had a good opportunity of seeing the person—it occupied two or three minutes from the time he left the waggon till I overtook him—I was on the off side of the cart, on the same side as the prisoner—his back was to me.
COURT. Q. Were the gas-lights burning? A. They were—I never lost sight of him—he was taken close at my feet—I swear positively he is the person.
Cross-examined. Q. How far is that from the corner of Moor-lane? A. I cannot exactly say.
Cross-examined. Q. Did you attend before the Alderman? A. I did—the woman was not examined on oath—she could not take her oath as to the identity of the individual.
Prisoner's Defence. I am entirely innocent.
MARY MEAKINS . I was keeping a stall at the corner of Moor-lane. The waggoner told me to give an eye to the waggon as he went away—whether he went to a public-house or down Moor-lane I do not know—I looked at the waggon, and saw some man go up on the side of the wheel and take out one of the boxes—I said to him, "What are you doing?" and he dropped it; but who the man was I cannot say—I did not take notice of him—he went away—I could not swear to a man by his back—I saw the prisoner in custody before the Alderman—I do not know whether he is the man.
GUILTY .* Aged 27.— Transported for Seven Years.
Before Mr. Recorder.
MATTHEW EVANS . I was shopman to Mr. Griffin Richards, who is a draper, living in Oxford-street. On the 2nd of December, in consequence of a girl coming into the shop, I went into the street—I did not see the prisoner—I made inquiry, and ran into Bryanston-street—I saw a person run, and hallooed "Stop thief"—I ran in the direction he ran, till I came into Berkley-street, and there I received a piece of merino from a person in the street—I ran into Great Cumberland-street, and there met the prisoner in custody—the merino was the property of Mr. Richards—it was placed outside the door for show.
PATRICK TIERNEY (police-constable D 136.) I was on duty in Quebec-street, Oxford-street, and heard the cry of "Stop thief"—I saw the prisoner running with this piece of merino under his left arm—I ran after
him—he turned round, saw me, and dropped it in Quebec-street—I told a gentleman, who was running after him, to take the merino up, and hold it till I came back—I called "Stop thief"—the prisoner was stopped at the bottom of Great Cumberland-street—I am certain he is the person—Quebec-street comes into Berkley-street—I returned to the man who had the merino in half a minute—I can swear that is the piece.
Prisoner's Defence. I was walking down Oxford-street; and going by the prosecutor's house, a boy came up and asked me to bold it while he went away for a necessary purpose—he then told me to come on—I heard a man halloo "Stop thief," and ran, being frightened.
(William Bodham, plumber and glazier, Richmond-street, Maiden-lane, gave the prisoner a good character.)
GUILTY . Aged 17.— Confined One Month.
JAMES WOOD . I am steward of the Lady Fitzherbert, West India vessel. On the afternoon of the 28th of November I saw the prisoner on board that vessel—he came on board our vessel with the chief officer of the Forrester, which laid in the docks, and remained on board about ten minutes—he then went away, and came back again—I had a watch hanging in the pantry, at the bottom of the companion ladder—I went away for a few minutes, and, on returning, I found the prisoner coming up the companion ladder—he left the ship, and in about three quarters of an hour I missed my watch.
JAMES BRIANT . I am a painter, and five in Garden-place, Poplar. I was employed to paint one of the sides of the cabin, of the Lady Fitzherbert—on the 28th I saw the prisoner on board—he came down the ladder into the dining-room, and turned back again—be did not stop two minutes—he went out of the vessel—he spoke to the steward before he left—the dining-room is aft—the pantry is outside the room.
ALEXANDER LUKE . I am a Thames police-constable, I apprehended the prisoner at the Ship public-house, Poplar—in consequence of inquiry I made, I went to Francis, a pawnbroker—I told the prisoner I had been there—I took him there, and when he saw the watch there, he said, "Mr. Luke, I hope you will make it as easy as you can, for I have done it in distress."
(Property produced and sworn to.)
The prisoner put in a petition for a lenient sentence, stating himself to have been intoxicated at the time he committed the robbery. The prosecutor and officers both gave him a good character.)
GUILTY . Aged 35.—Strongly recommended to mercy.— Confined Two Months.
Rosemary-lane—there was a stoppage of people—I was going to pass them, and felt something at my coat—I turned round and seized a person's hand who had the right skirt of my coat raised—I held the hand tight, and found it was the prisoner—he had my snuff-box in his hand, putting it behind him—I collared him, and said, "You villain, yon have robbed me"—he said, "It was not me, Sir, that is the boy behind; don't you see him?"—I said, "I know no boy, but I shall detain you, having seen it in your possession"—I forced him into a house just by, and begged them to detain him till I got a policeman, which I did—a little boy brought a snuff-box in, and said, in the prisoner's presence, that he picked it up in the middle of the road—this is the box.
The prisoner put in a written defence, declaring his innocence.
GUILTY . Aged 18.— Confined One Year.
SAMUEL OSBORNE . I live in Bishopsgate-street, and am apprenticed to my father. On the morning of the 22nd of December, as I was passing along Bishopsgate-street, I felt something at my pocket—I turned round and saw the prisoner with my handkerchief in his hand—I collared him, took him to Gracechurch-street, and gave him into custody of an officer, with my handkerchief.
Prisoner. I picked it up. Witness. I saw nobody near enough to take it but him—I turned round directly, and found him close to me with it—instantly.
Prisoner's Defence. I was passing through Bishopsgate-street, looking for work, and saw the handkerchief on the ground—I took it up, not knowing who it belonged to—Henry Gilbert, of No. 7, Globe-road, was here yesterday to give me a character, with several others.
GUILTY . Aged 17.— Confined Twelve Months.
220. JEREMIAH LEONARD, STEPHEN JORDAN , and JOHN BAUMER , were indicted for stealing, on the 4th of December, 83lbs. of cotton wool, value 2l.; and 1 bag, value 3d.; the goods of William Wilson and another, the masters of the said Stephen Jordan.
SAMUEL HOLBROOK . I live at No. 38, Bridgewater-gardens, Barbican, and am a basket-maker. On the night of the 4th of December I was in a room overlooking the factory of Mr. Plummer, in Golden-lane, at twenty minutes before nine o'clock—I observed a bag of cotton wool drop from the premises—the prisoner Leonard picked it up and put it on Baumer's back—it was dropped from about twelve or fourteen feet high into a court which leads into Golden-lane—after Leonard placed it on Baumer's back, I saw Jordan drop from the gates—I came down stairs to the door, and saw Jordan pass by me as close as eighteen inches—the other prisoners came by, and they joined company—I went out at my front door, down Brackley-street, and met Baumer with the bag—I gave him in charge of the watchman, and at that moment I saw Jordan standing opposite, in Golden-lane—I went to Mr. Plummer's directly.
Cross-examined by MR. CLARKSON. Q. What are you? A. A basket-maker. The back of my premises looks on the back of the prosecutor's warehouse—they are about eighteen or twenty feet from it, across the way, not more—it is a little to the left, not directly opposite—I suppose it is from nine to twelve feet to the left—I got the watchman to take Baumer—I saw Jordan standing on the opposite side at the time, but I could not take him, as I had the bag to carry—the watchman could not take the boy and carry the bag—there were people passing—I did not require their assistance—I knew Jordan so well, I knew I could take him at any time, if I wanted him—I did not say before the justice, that I knew Leonard because he wore a blue coat—I said he bad a blue coat with gilt buttons—I knew his person, but I did not know his name—I have nothing to get by this—I have no object but the mere purpose of justice—a sovereign was given to me before the magistrate by Mr. Plummer—there was no one in my company when I saw all this—the boy went down Ball-alley, into Golden-lane, and I went down Bridgewater-gardens—I lost sight of them three or four minutes—there were two gas-lights at the end of the court—it was a very clear night, not foggy at all—it was not what I call a foggy night—it was not so clear as it is sometimes—it was neither foggy nor clear—it was not a bright night—I could distinguish clearly what I have sworn to—I have had nothing more than a sovereign, nor do I expect any more—I know nothing of Baumer—I have seen Leonard before—I saw his face that night, I swear, and Jordan's face also—I know them by their faces and dresses—I told the magistrate I knew Leonard, by the blue coat which he wore.
Q. Did you tell the magistrate you knew him by his countenance at all? A. He never asked me, and it never occurred to me to say so—I said nothing about his countenance—I had seen him before in that same coat—I told the magistrate I had seen him before—I said I had seen both the prisoners before, and I said I knew them.
Q. Why then did you fix on the dress of a man as the meant of knowing him, rather than his person, which you knew before? A. I fixed on his person and dress too, and I did to before the magistrate—I told you I said so before the magistrate—I do not recollect telling you that I said before the magistrate that I knew him by his coat, and not by his countenance—I told the magistrate I knew his person—I meant both the prisoners, and I knew them both before—I did not confine my knowledge of them to their dresses, before the magistrate, I spoke to their persons as well—my deposition was read over to me—I cannot exactly recollect what it was—I do not know that I heard in the deposition that I knew the two men by their persons and clothes—I am sure I cannot recollect whether I described the two men as persons I knew before, or merely as persons one wearing a blue coat and the other a jacket—I never saw Mr. Plummer before in my life—I am not a pigeon fancier—I have not a trap at the top of my house—it is a mistake being at the top of the house—it is in a window—I do not deal in pigeons—my little boy keeps pigeons—I have not a trap to decoy them from other people—I have no trap at all, only what they go into themselves—I never found any pigeons in the trap except what the boy keeps—I never sold one—I never was out bird catching in my life—I have no shop, and very little stock—it is in the wholesale line—I am a manufacturer—other people work with me in the business—a shoemaker works in the room with me—I occupy the whole house—I supply the French warehouses, and have been in that employ thirteen
years—I did not meet any person as I went along from my own house to Golden-lane, to my knowledge—the foreman told me three months ago, to stop any body with a bag, if I saw them—I have been watching near about three months—I did not receive any thing for it—I swear I only received one sovereign, which was on the day I was at Guildhall—I had received nothing besides money—I had not agreed what I was to have if I took any body—I had received nothing at all—I was only looking for a quarter of an hour that night—I began to watch when the factory left off work.
Q. Tell us exactly the time this happened? A. At twenty minutes before nine o'clock, on the 4th—I looked at my clock down stairs as I went out—that would not delay me in catching the man, because it stood at the door—I noticed the time—I just looked at it as I went by—that was the time by Cripplegate church, and I keep my clock by that—I prosecuted a man in the New Court, about six years ago, for stealing a basket—I lived in Whitecross-street then—I hare been a witness on no other occasion—there is one other lodger in my house besides the shoemaker—there was no one in the room with me.
JOHN PLUMMER . I am a cotton-manufacturer, in Golden-lane, Barbican, in partnership with William Wilson. This bag contains the description of cotton which I have at my manufactory—there are two doors to my store-room—one is locked, the other is a door which men go to, to fetch wool for consumption; that is not locked—that door leads out to the stable—Jordan was in my employ as a confidential person—he went to the premises in Golden-lane every morning and evening, and was trusted with a key which opened another gate, where the horse and cart come into the premises, and also the padlock of the store-room—Leonard is a wadding-manufacturer—he was in the habit of coming to our premises in Tower-street, to buy waste; but I never dealt with him at the manufactory—we never deal there at all—Baumer had been in the habit of coming there to fetch cotton, when Leonard had purchased it—we never sell any thing at the factory of any description—the cotton in the bag is worth upwards of 2l.
Cross-examined. Q. Jordan has been in your service seven years? A. No; he left for a short period—I suppose he was away about ten or twelve months—this cotton is not all the same—there are two sorts, American and East Indian—I have the same description of cotton in my store-room, and under the circumstances, I swear to it—the key that was in Jordan's custody hung in the stable which he has the whole and sole power over—two or three others have access to the stable—I have three confidential servants in my manufactory—they do not wear fustian jackets of the description Jordan has—his is cord—I received information from Holbrook—Jordan was not apprehended that night—he came to work as usual in the morning.
HENRY PLUMMER . I am the brother of John Plummer. I was at the manufactory on the night of the 4th of December, until half-past eight o'clock—I fastened the premises up at half-past eight o'clock, which is the usual hour to leave—I left nobody on the premises—Jordan crossed the yard about ten minutes after eight o'clock, and I considered he was gone home—he did the horses up, and I went to see the stable door fast—he came about half way across the yard to go home, and I did not see him any more till next morning,
Cross-examined. Q. Had you known Holbrook any time? A. No—
he stated something to me—I never saw him before that time, which is two or three months ago—I never gave him any money, and never promised him any.
COURT. Q. On a previous occasion had he given you some information? A. Yes; and I told him if ever he saw any thing go out, to stop it.
ROBERT DYER . I am in the service of Mr. Plummer. On the 4th of December, I left the factory with the foreman, Henry Plummer—we both left together, and locked the gate after us—I went back after the alarm was given, and missed a considerable quantity of one sort of cotton, and not so much of the other—I have looked at this cotton—there is more of one sort of cotton in this than another—I had seen the same sort of cotton on the premises—we lost this sort of cotton, and in the same proportions as found in the parcel.
Cross-examined. Q. Had you known Leonard before? A. I saw him once before—I never saw his matter.
Q. Did you not drink gin with Leonard next morning? A. I drank in the house in his presence, not with him—I believe the officer paid for it—I had seen Leonard talking to our engineer that morning—there was no officer there then—I did not hear him ask any body why his boy was taken into custody—he was at the manufactory in Golden-lane—he came to ask why his boy was detained.
COURT. Q. Did you hear him make that inquiry? A. No; I did not hear him speak—I had seen him once before in the court leading to the manufactory—I met him passing up the court or down, I cannot say which.
MR. CLARKSON. Q. Did not he make inquiry in your hearing why his boy was taken? A. No; he did not.
JOHN HARDING . I am a watchman of Cripplegate. On the night of the 4th of December, I took the boy Baumer with a bag of cotton on his back—he was given in charge by the witness—I asked where he was going with it—he said to Mr. Leonard's, his master—he said he had a note, but believed he had dropped it—I said, "I must take you to the station-house"—he dropped the cotton and said, "Then you may carry it yourself, I shall not carry it"—I took him to the station-house, and gave him in charge of Woods—I did not tee any other person at the time—Holbrook gave him in charge.
Cross-examined. Q. You told him, I suppose, that it was stolen? A. I did not—I asked him where he got it from—he said from Golden-lane, and that his master put it on his shoulder, and that it was Mr. Leonard.
ROBERT WOODS . I produce the bag of cotton—I took Jordan into custody in Tower-street, at his master's, at ten o'clock on the 5th of December—I took Leonard in Golden-lane, about eight o'clock—I found him in company with one of the prosecutor's servants—I believe he was an engineer—I did not hear what was passing between them.
Cross-examined. Q. Did not he say he came to inquire why his boy was in custody; A. Yes.
Jordan's Defence. I went out of the factory at twenty-five minutes after even o'clock, and have witnesses to prove it—Mr. Plummer's brothers as in the yard, and if he likes to speak the truth, he will say so.
THOMAS SINCLAIR . I am a milkman. I know the prisoner Jordan—about half-past eight o'clock, as near as I can guess, on the evening of the 4th of December, I was in Golden-lane—I went to the west end of the town and by the time I got from there, it was half-past eight o'clock—I had no
clock or watch—I met Jordan in Golden-lane about that time—I went up to the top of the lane, and stood talking to him a minute or two—we went into the Cock, and had a pint of beer, and stopped there till about nine o'clock—I cannot say to exactly a minute; I think, as near as I can guess, we were twenty minutes in the public-house—he was with me all the time—we parted when we left the public-house—I cannot say whether it had struck nine then or not.
COURT. Q. Did you know him before? A. I did—I did not know the name of the street he lived in—it was in Golden-lane—the Cock is at the top of Golden-lane, in Old-street-road.
(William Stoddart, builder, and William Sawyer, brickmaker, Hoxton, gave the prisoner Jordan a good character; and Charles Bannister, cow-keeper, Colchester-street, Whitechapel; Stephen Padley, Globe-street, Bethnal-green; John Turner, Fenton-street, St. George's in the East; Robert Smith, tailor, Club-row, Bethnal-green; Timothy Murphy, butcher, Bainbridge-street; Timothy M'Carthy, boot and shoe-maker, Whitechapel; and James Lloyd, silk-weaver, Weaver-street, Bethnal-green, gave the prisoner Leonard a good character.)
JORDAN— GUILTY . Aged 28.
LEONARD— GUILTY . Aged 27.
Transported for Seven Years.
BAUMER— GUILTY . Aged 14.— Confined One Month.
GUILTY .— Confined Three Months.
WILLIAM STOTHARD . I live in Mitchell-street, St. Luke's. The prisoner was in my service as a carpenter—on the 3rd of December, in consequence of suspicion, I watched him from Whitecross-street into Three-Kings-court, where he had been working for me at some old buildings for five or six months—I saw him bring down a batten on his shoulder, and take it to his own house, which is a quarter of a mile off—he left it in the yard, and there the policeman found it—he had no business to take it there at all—I know it belongs to me, by the quality of it—he had the care of it—I kept it there to shore up some buildings.
Cross-examined by MR. DOANE. Q. Had he locked up the premises before this occurred? A. He ought to have done so—he did not tell me he had returned after locking up the premises, to see if all was safe, and found this in the outer house—he brought it past my own premises, and took it to his own house—my place is never locked up till after twelve o'clock at night—this was between five and six o'clock—the premises in question are not a thoroughfare—it is an open building—all the property there is mine—he said he took it to his place for safety—he went home about four o'clock, and returned between five and six o'clock, and he should then secure the premises and the property—I am in a large way of business, and have thirty or forty men.
RICHARD POTTON (police-constable G 134.) I took the prisoner into custody on the second floor of a house in Mitchell-street, St. Luke's—I took possession of the timber before I took him—I found it in a back yard belonging to the house the prisoner resides at—I told him I took him
into custody, and before I said what for, he said, "For the piece of wood?"—I said, "Yes"—he said, "I merely brought it home for security."
Cross-examined. Q. He said so at once? A. He did—several families lodge in the house—I have no doubt the lodgers could see it.
Prisoner's Defence. I left work at a quarter to five o'clock, which is the regular time—I had the keys to lock up the timber and every thing safe—after tea I pulled the keys out of my pocket, and laid them on the drawer—I then went to meet my wife, who was coming from Battle-Bridge—I was there about ten minutes, and came straight home—I went up stairs to my room, and found my door open, though I had locked it, and put the key where my wife could find it—I found this gentleman there and master's clerk—he said, "I suppose you know what we have come for"—I said, "I do not, except it is the batten in the yard which I brought there to secure it, at I had not the keys in my pocket at the time I found it"—I had been to Three-Kings-court to see if any thing was lying about, it being a bad neighbourhood, and I found it, and as he had been robbed before, I brought it home.
WILLIAM STOTHARD re-examined. The timber was removed from Three Kings-court, where he ought to have locked it up—he was at work there—he had the keys of three houses there—I was in a butcher's shop—I watched him into the court, and saw him bring out the batten—I cannot say whether be went into any house—it should have been in an empty house—if it had been outside the house, and he had not the keys, he ought to have taken it to my place, as he went by my door, which it about forty yards from the premises—some of the materials were outside the house, as the building was not finished—I should think it very extraordinary of him to take it to his own premises, if it was outside—he had no right on the premises at that time—he leaves work a little after four o'clock—this was a quarter before six.
NOT GUILTY .
MR. PHILLIPS conducted the Prosecution.
JOHN SAVILL . I am a baker, and live at Holborn-bridge, and High Holborn—I have two houses. The prisoner was in my service in October last—he took biscuits and bread out, and customers paid him—it was his duty to pay me on his return home—Eleanor Sharp and Mary Ann Edwards are customers of mine—the prisoner left me on the 1st of November—on that day I booked his bread—I asked him what bread Edwards had—he said, "One loaf not paid"—that would be 6 1/2 d.—he did not say he had delivered more than one that day—I am sure he said it was not paid—I have the books here—on the 18th of October nothing was paid from Mrs. Sharp—there is an entry of four loaves to "Mrs. Sharp, No. 19, Upper King-street," not paid—the words "not paid" are not put to it—if it had been paid, it must have been put against it—I am able to say he did not pay me the money that day, but my sister booked the bread that day—on the 23rd of October I have an entry of a quartern of flour, and a quartern and a half of bread, not paid—that is my sister's entry—he has never paid me either of the three sums specified.
ELEANOR SAVILL . I am the prosecutor's sister. The entries of the 11th and 23rd of October are in my handwriting—I took them down from the prisoner's dictation—he paid me no money on account of those persons, I am quite certain; nor has he ever since—he never paid me 1s. 1d. from Edwards, I am certain—I have entered, on the 18th, four loaves to Mrs.
E. Sharp, 2s. 2d.—on 23rd, a quartern of flour and a quartern and a half of bread, 1s. 3 1/4 d., to Mrs. Sharp also—I put them down as unpaid, from what he told me—I am sure he has never paid me that money, nor from Mrs. Edwards—I always asked him if paid, and he said "No"—I booked them, as I always did, when he did not account to me for the money—I am quite certain he did not pay me.
ELEANOR SHARP . I live at No. 19, Upper King-street. I deal with Savill for bread—Sarah Weston is my servant—on the 18th of October I gave her 3s. 3d. to pay for bread; and, on 3rd October, I gave her 4s. 9 1/4 d.—I made an entry of it at the time—it was for six 2lb. loaves and a quartern of flour.
Prisoner. The trial was to come on last Sessions, but the prosecutor did not appear—a bill was filed against me for 4s. 9 1/4 d. Witness. The charge last Sessions did not refer to this payment, although it was to the amount of 4s. 9 1/4 d., but paid on a different date.
SARAH WESTON . I am servant to Mrs. Sharp. On the 18th of October I gave the prisoner the money mistress gave me—I cannot recollect the dates—I remember her giving me money to pay Savill, which I paid to the prisoner on two occasions—I received 3s. 3d. from her at one time, and paid it to the prisoner; and, in October, 4s. 9 1/4 d., which I paid to him—I have had that precise sum to pay him several times—I cannot state the dates—I paid it to him on the days mistress gave me the money.
MRS. SHARP. I have my books here—I am certain those are the dates I gave her the money.
MARY ANN EDWARDS . I am a stay-maker, and live in King-street, Holborn. I deal with Mr. Savill for bread, which the prisoner delivered—on the 1st of November he left one loaf with me, and one on the Tuesday before—I paid him on Saturday, 1st November, 1s. 1d.
ELEANOR SAVILL . The entries of the 18th and 23rd of October are my handwriting—I can be certain he did not pay me either of those sums of Mrs. Sharp's—I have booked four loaves to her on the 18th, 2s. 2d., and on the 23rd, 1s. 3d.
Q. How is it that the sums do not tally? A. I suppose it is bread left previously on different days—he must have delivered bread on days previous, during the week—I knew what bread he took out.
JOHN SAVILL re-examined. It is very likely that Mrs. Sharp took in bread for one or two days, but paid for it together—if he takes out twenty loaves, he accounts for them to my sister or me, but he may make any entries he pleases—he always accounts to the correct quantity, either to one customer or another, but he may have booked her loaves to some other person—the only chance we have of discovering it, is when the bills go in on Monday morning—I have a correct account of all the loaves delivered to him to distribute, except Mrs. Sharp's, but whether he booked them correctly I cannot tell—I have not discovered bread charged to a person and not delivered.
Prisoner's Defence. I was acquitted last Sessions on account of the prosecutor not appearing—I went to ask him for 15s. 7d. wages—he said he would not pay me—I summoned him to the Court of Requests, and he brought an officer with him, and took me out of the Court—he had me remanded till Monday, and I was allowed bail.
Prisoner to MR. SAVILL. Q. I have received various sums for you? A. Yes; but you have not always paid them—I might have sent you to change a 5l. note—I do not recollect it—I prosecuted him last Sessions; and when I saw the list, I saw "five o'clock" marked against the name before his, and I thought my case would come on after five o'clock—I took him again the first opportunity I could—he came to me for his wages—I followed him to the Court of Requests, and had him taken—it was two days after his acquittal—I had been inquiring for him, intending to take him when I could find him—he owed me money for rent.
(Robert Banks, Mitre-street, City-road; and John Smith, Little Queen-street, Holborn, gave the prisoner a good character.)
GUILTY . Aged 40.— Confined Three Months.
RICHARD MADDOX . I am a carpenter, and live in Kennerton-place, Knightsbridge. Between two and three o'clock on the morning of the 30th of November, I met the prisoner at Knightsbridge—we went as far as Park-lane, and into Brick-street—she took me into a passage—the policeman discovered us, and ordered us to move on, which we did—we went to Park-lane again, and she suddenly left me, saying, "Stop a minute"—I felt, and missed my watch—I followed her, but did not overtake her—I saw a policeman, and told him—I went further, and met another policeman, who told me to go towards the Haymarket, which I did, but did not see her—I found her, on returning, in Vine-street station-house—I went there, described the watch, and it was produced—it was safe in my fob while I was walking with the prisoner.
Prisoner. Q. Do you mean to say I am the person who was with you? A. Certainly—I have not a doubt—I am confident of her.
CHARLES RUSSEL SHEPPARD (police-constable C 82.) On the 30th of November, between two and three o'clock in the morning, I saw the prosecutor in company with the prisoner, in a passage in Brick-street—I desired them to go away, and when I got to Down-street, I saw the prosecutor running—he made a complaint to me, and I gave information to different policemen—I saw the prisoner in custody afterwards—I am positive she is the woman I had seen with Maddox—she walked down Piccadilly between me and another constable, towards the station-house—she staggered towards the other constable, and threw her hand towards the rails, as if she was throwing something—I said, "You have thrown something away, stop"—she pretended to faint, and laid hold of the rails—I found a watch inside the rails of Burlington-house, wrapped up in this handkerchief.
Prisoner's Defence. It is quite false—as I was coming from Knights-bridge, I saw something lying in Park-lane—I kicked it with my foot, and picked it up—it was a black silk bag, and the watch was in it—the policeman came up to me in Piccadilly, and said I had robbed a man of some money—I said, "What money I have got belongs to myself—coming down Piccadilly, through their dragging me about, I dropped the watch from my bosom—I asked him where the man was, which he said I had robbed of money—he said he did not know what he had lost—I never was in the prosecutor's company.
C. R. SHEPPARD re-examined. She threw the watch some distance inside the rails—it could not have fallen there, it went in between the rails,
about a yard—I saw her arm move—I did not hear the watch fall—I took 6s. 9d. from her—the prosecutor had told me be was robbed, but did not say what of—I am quite certain she is the woman whom I saw with him—directly I saw her, I said she was the person.
(Property produced and sworn to.)
GUILTY . Aged 30.— Transported for Seven Years.
CHARLES ALLBERRY . I am in the prosecutor's employ, and live in Union-buildings, Leather-lane. On the morning of the 28th of November, I was in master's shop, and saw the prisoner take the book from Mr. Doyle's stall, and put it under his coat—I stopped him with it—the policeman came up, and I gave him in charge.
GEORGE ALDER (police-constable E 77.) On the 28th of November I was in Holborn, and saw Allberry and the prisoner jostling together—I received him in custody from Allberry—I found the book underneath his jacket.
(Property produced and sworn to.)
(William Allerton and Anthony Domas, of Portpool-lane, deposed to the prisoner's good character.)
GUILTY . Aged 18.— Confined Six Months.
226. SARAH ANNETTE was indicted for stealing, on the 1st of November, 31 yards of ribbon, value 2s. 8d.; 7 pieces of linen cloth, containing 9 yards, value 10s.; 1 1/4 yard of linen cloth, value 9d.; 3 yards of duck, value 1s. 6d.; 4 lbs. weight of sugar, value 2s. 8d.; the goods of John Bull and another.
JOHN BULL . I am in partnership with Edward Bull, of No. 89, Shoreditch. We are curriers and leather-sellers. On the morning of the 1st of December, in consequence of information, I fetched Knight, a policeman, and went into the kitchen with him—the prisoner was in my brother's service—I told her that I had suspicions of her honesty, and had brought a policeman to search her boxes—she said I was very welcome; for she had nothing but what belonged to herself, which she had bought and paid for—I went to au upper room, and she pointed out two boxes, which were locked—she produced a key, and unlocked one—nothing was found in it—I examined the second box—several things were handed out; and at last a paper parcel came out—I said, "What does that contain?" and before it was opened, she said it was things she had purchased in the Borough—I said, "Very well, lay it down on the bedstead"—another paper parcel was found—I asked what was in that—she said, things she had bought at the same place—I laid that with the other things; and found another bundle, which she said contained sugar—it was put down with the other things—I think it had an apron tied round it—after seeing all there was in the box, I examined the parcels—I found the first contained seven remnants of Irish linen, two pieces of duck, and one remnant of union, which is a mixture of cotton and linen; the second parcel contained a piece and a remnant of galloon; the third parcel contained sugar—they were brought down into the kitchen, and she gave the same account
of how she got possession of them—I sent to my brother to send me the several pieces of Irish he had in cut, which matched in quality with these—the duck and union correspond—the scissor marks correspond where it was cut off, and this galloon has my shop mark on it—it was never sold to the prisoner—the sugar is a similar quality to some we had bought to make wine a few months previous—the union I swear to positively—the galloon has our shop mark on it—they belong to myself and my brother—she was my brother's servant, and has been so nearly six years—she always bore a good character.
SIMON KNIGHT (policeman H 104.) I was sent for to the prosecutor's house—he has correctly stated what passed in the prisoner's presence—I saw her point out the boxes and produce the things herself—I found two sovereigns and 6s. on her person.
The prisoner handed in a petition, expressing her contrition for the commission of the offence, and received a most excellent character.
GUILTY .—Strongly recommended to mercy.— Confined One Month.
NEW COURT, Tuesday, December 16th, 1834.
Fourth Jury, before Mr. Common Sergeant.
GUILTY . Aged 17.— Transported for Seven Years.
228. ELIZABETH COLLINS was indicted for stealing, on the 7th of December, 2 breast-pins, value 10s.; 1 purse, value 1d.; 3 sovereigns; 2 half-sovereigns; 3 half-crowns; 7 shillings; and 2 sixpences; the goods and monies of William Thompson.
WILLIAM THOMPSON . On the 7th of December I was at Staines. I met the prisoner about nine o'clock at night—we went down a bye place by ourselves, and while there, she robbed me—when I met her I had a parse containing three sovereigns and two half-sovereigns—and 15s. 6d. in silver in my pocket, and a box, which was not taken—I had two breastpins in my shirt, which were attached with a chain—I know one sovereign was bent, owing to a coach wheel going over it—I can swear to that one—I had pulled my breeches down—when the prisoner had left me for two or three minutes I missed my purse—I pursued her immediately—I had given her 6d. which had been loose in my waistcoat pocket—the silver had been loose in my pocket—when I overtook her, I told her she had robbed me of my purse—she said she had not robbed me, and had not got the purse—I called the constable—these are the pins, I have no doubt about them, and this sovereign I can swear to—it was bent when the wheel went over it—this is my purse—I was sober.
Cross-examined by MR. PHILLIPS. Q. Was the 6d. given her by a previous agreement? A. Yes—I have not tried to make money of the transaction, but her brother came to me—I took three sovereigns and 20s., but I sent it back in twenty minutes or half an hour—I had not then been before the magistrate—I did not tell any one I had the money till I sent it up—the constable had come down to tell me to go before the magistrate—I took the money, thinking the prisoner would be discharged.
Q. When did you give her the 6d.? A. After we had been together on that Sunday evening—I did not give it her in the presence of the officer—I offered her 5s. to give me the money back and settle it—there
was 15s. 6d. found on her—I said 6d. belonged to her—I did not hear her refuse the 6d.—I saw the young man I got the 4l. from on the following morning—I was with the prisoner a quarter of an hour—my silver was loose, and my gold in the purse in the same pocket—the pins were in my breast—she took the pins, and I knew nothing of it.
JOSEPH GREENER . I am a constable. I took the prisoner—my wife found on her 15s. and three sovereigns and a half—this purse was picked up in the street afterwards—here is the bent sovereign which the prosecutor said he could swear to—these pins were picked up in my house after I took the prisoner to the cage.
Cross-examined. Q. Was the prosecutor in your house? A. Yes—when the prisoner was searched he said, "Here is 6d. which is not mine"—there had been a 6d. found on the floor—the prisoner refused it.
GUILTY . Aged 23.— Confined Two Months.
CHARLES NASH . I live in Portugal-street. On the 2nd of December I was in Friday-street—I felt a hand at my coat pocket—I turned and saw the prisoner just behind me with my handkerchief in his hand—I collared him, and said he had got my handkerchief—he said he had done nothing—I took the handkerchief, and held him till I met the officer.
JURY. Q. Are you quite sure the handkerchief did not drop from your pocket? A. Yes; it had been quite safe, and I saw the prisoner trying to hide it.
GUILTY . Aged 20.—Recommended to mercy.— Confined Two Months.
LYDIA SMITH . I reside in Swan-court, Swan-street. On the evening of the 28th of November I was in Great Garden-street—the prisoner came to me, and we walked a few steps together—he asked me if he could go with me—I said, "No"—he said I seemed cold—I said I was—he said he would give me something to drink—he put his arm round my waist, and I saw him draw my pocket through my frock—I looked and saw it outside my frock—I had a sixpence and three penny pieces in it—I put my hand into my pocket, and the money was gone—it had been there a moment before when I met him—I told him he had robbed me—he said he had not—I collared him, and asked him for the money—he would not give it me—I called the officer, and gave him in charge—I had never seen him before.
Prisoner. I was quite in liquor.—Witness. No, you was perfectly sober.
EDWARD FRANG (police-constable H 87.) I was on duty at a quarter past one o'clock, and heard the cry of "Police"—I ran up, and the prosecutrix said the prisoner had robbed her of 9d.—he denied it—I took him to the station, and found sixpence and three penny pieces in his trowsers pocket, and five halfpence in his jacket pocket—he seemed sober.
Prisoner. He cannot say I was sober when I had a shawl on me, which I could not account for, and I was remanded one week on account of it.
Witness. I found a shawl in his hat, which he said he could not account for; but the next day he said it was his sister's.
GUILTY . Aged 24.— Confined Six Months.
231. MARY SCANDLIN was indicted for stealing, on the 21st of November, 2 sheets, value 8s.; 2 pillows, value 8s.; 1 pillow-case, value 6d.; 1 pair of bellows, value 2s.; 1 jug, value 4d.; and 1 looking-glass, value 2s.; the goods of William Phillips.
WILLIAM PHILLIPS . I live in Cock-lane, Giltspur-street. The prisoner lodged at my house with her husband—we missed these two sheets and the other articles on the 1st of December, when we found the duplicates on the prisoner—they had been in the rooms he lodged in.
(Property produced and sworn to.)
Prisoner's Defence. My husband occupied the room—I did not intend to rob the man.
(—Delaney, of Whitecross-street, gave the prisoner a good character.)
GUILTY . Aged 38.— Confined Three Months.
232. ANN TAYLOR was indicted for stealing, on the 29th of November, 1 purse, value 6d.; 1 sovereign, 1 half-sovereign, 1 crown, 2 half-crowns, 12 shillings, and 2 sixpences; the goods and monies of Edward Squires, from his person.
EDWARD SQUIRES . I lived at No. 6, Charlotte-street. On the 29th of November, I called at a public-house in Barbican, for some goods, which my master left there—I did not drink any thing—I saw the prisoner there—she did not say any thing to me in the house, but she followed me out, and asked why they would not let me have the goods—we got into conversation, and I went with her to a house in Sun-court, Type-street—we went into a room—a person came and knocked at the door, and demanded a shilling for the room—I gave her 6d., and gave the prisoner 6d., both of which I took out of my purse—she refused to let me have any thing to do with her, and then* * * * and she said, "Now, what will you do?"—another person then knocked at the door, and demanded another shilling for the room—I then went away, and said they were all a set of dupes—when I got out I felt, and missed my purse from my left hand pocket—I found an officer, and took him to the house, and he found my money in the prisoner's bosom—my purse had 34s. in it when I went to the house, one half-sovereign, and the rest in silver—I had parted with two sixpences—this is the purse—it has 33s. in it, a duplicate, and a counterfeit shilling, which I took some time ago, and I kept it because I thought I would always have a shilling in my pocket.
not been robbed there—she then ran across the room—I saw her put her hand to her neck—I took her hand, and found this purse and money in her bosom.
Prisoner. I found the purse and a parcel, which he left on the round table; and when he came back, I said, "I suppose you have come for what you left on the table."
GUILTY .† Aged 26.— Transported for Seven Years.
ELIZABETH ELLIS . I am a widow, and live in Brighton-street, Cromer-street. The prisoner lodged there one week—she left on the 4th of September, and the day but one after, I missed a sheet and blanket, which had been in her room, and let with the rest of the furniture—these are the articles—on the morning she left, she called into my room, and said she was going out—she did not pay me any rent—I found the duplicates in her room on the mantel-piece—no person lodged there but her, and she took the key with her.
JOHN MILTON . I am shopman to Mr. Cordwell, a pawnbroker. I have a blanket and sheet, one pawned in the name of Walter, and one of Smith—I believe the prisoner pawned them—these are the duplicates I gave for them.
Prisoner's Defence. I met a young girl who said she would lodge with me, and pay half my rent—I was taken ill, and went to the hospital, but I left a young girl in the room.
GUILTY . Aged 18.— Confined Three Months.
234. HANNAH SHEEN and MICHAEL SHEEN were indicted for stealing, on the 23rd of November, 2 counterpanes, value 5s.; and 2 blankets, value 4s., the goods of George Dawson and another, the masters of the said Hannah Sheen.
DANIEL PAMPLET . I am a patrol of Bishopsgate. On the 23rd of November, I saw Michael Sheen go into Mr. Dawson's private door—he had nothing with him then—he came out in about a quarter of an hour with a bundle—I crossed the road, and asked what he had got—he said, "Things to wash"—I took him to the watch-house, and found these things in the bundle.
Cross-examined by MR. PHILLIPS. Q. I suppose they made a considerable bulk? A. Yes; they were tied in this apron.
Cross-examined. Q. How do you know it was her box? A. Her master said so in her presence, and she did not deny it—I then went to Shoreditch, where Michael Sheen said his aunt lived—I waited, but she did not come.
ROBERT BENTLEY . I was assistant to the late Mr. Dawson—he died a week ago—he had one partner—I can swear these counterpanes belonged to Mr. Dawson and his partner—the articles are too numerous to miss any, but this one has a mark on it, and when sold, this mark is always taken off—Hannah Sheen lived servant there, and the other prisoner is her brother.
Cross-examined. Q. How long had you lived in the house? A. About four months—Mr. Dawson had two partners when I went, but there was a dissolution, and one of the partners (Mr. Simpson) had left the house about a month previous—I do not know whether stock was taken, or any settlement of accounts between him and Mr. Dawson—I was not in the house when Hannah Sheen was hired—it is since she came there that Mr. Simpson quitted—she was servant to the three partners at first, and then to the two.
NOT GUILTY .
235. HANNAH SHEEN was again indicted for stealing, on the 20th of November, 2 umbrellas, value 10s.; 80 yards of ribbon, value 10s.; 1 counterpane, value 4s.; 10 remnants of calico, value 5s.; 3 gross of wire ribs, value 1s. 6d.; 1 piece of worsted binding, value 1s.; 20 yards of muslin, value 1l.; and ten yards of dimity, value 5s.; the goods of George Dawson and another, her masters.
ROBERT BBNTLEY . I was in the service of Mr. George Dawson, who is now dead—on the 20th of November he had one partner—the prisoner lived servant there—I assisted in searching her boxes when the officer came—these two umbrellas, and all the articles stated, were found there—I know some of them to be my master's property—they were bought with a stock which they bought half a year ago—I had seen them, but I cannot say when—there had been another partner, who left about two months ago, and since that we have made the bills out in a different manner—I cannot swear to all the things—I know most of them—these umbrellas have the shop mark on them.
Cross-examined by MR. PHILLIPS. Q. You believe these to be Mr. Dawson's? A. Yes; they were bought with a stock at No. 21 and 22, Shoreditch, five or six months ago—there were three partners—since that Mr. Simpson has left—I do not know that stock has been taken, or any settlement made since Mr. Simpson left—I cannot fix any date at which I had seen these things safe.
COURT. Q. To the best of your belief Mr. Dawson had only one partner on the 20th of November? A. Yes; I believe Mr. Simpson left about two months ago.
(John Sheen, Ann Sheen, and Honora Sheen, (the uncle and aunts of the prisoner;) Catherine Murphy, and Garret Joyce, a labourer, gave her a good character.)
GUILTY . Aged 22.— Transported for Seven Years.
Before Mr. Serjeant Arabin.
236. ELLEN RAGAN was indicted for feloniously receiving, on the 24th of November, of an evil-disposed person, 1 counterpane, value 5s.; 3 candlesticks, value 3s.; 12 reels of cotton, value 1s.; 1 window curtain, value 6d.; and 1 pair of shears, value 6d.; the goods of George Dawson and another, well knowing them to have been stolen.
WILLIAM HENRY CLARKE . I was in the police force. I received information from a City officer, and went to the prisoners on the 24th of November, about four o'clock in the morning, and found this property—
the prisoner was in bed—I asked her if she knew of her son and daughter being in trouble—she said no, she was not aware of it—she did not say any thing respecting these things.
ROBERT BENTLEY . I lived with Mr. Dawson and another, in Bishopsgate-street; Mr. Dawson is now dead. On the 24th of November, two policemen came to our house, and I went to the prisoner's house with Mr. Dawson and the officers—we had not missed any property, but I can identify some of this property—I know this candlestick had been in our house, but I do not know how it got away.
NOT GUILTY .
ISAAC READING . I am a butcher, and live in Seymour-place. On the 5th of December, I carried a sack of fat to Mr. Gleniston's—I left it at his door about six o'clock in the evening—I afterwards heard it had been taken away—it contained 28lbs. of fat—I saw the sack afterwards—this is it.
JAMES SMITH . I am in the service of Mr. Gleniston. I saw the sack of fat on the prisoner's shoulder about half-past six o'clock that evening—I asked him whose fat he had got there—he said his own—he threw it off his shoulder, and ran off—I am sure he is the person—I cried "Stop thief," and he was taken.
WILLIAM HIMBURY . I was in Manchester-mews on Friday, the 5th of December—I heard the cry of "Stop thief," and saw the prisoner going down George-street—I pursued and took him—Smith came up with the sack on his back—I took the prisoner back to Mr. Harris.
SAMUEL HARRIS . I am a tallow-melter, at No. 1, East-street. The prisoner came to my house about five minutes before he was taken—he brought this sack of fat—I told him to take it to the next door, where we generally weigh it, and he went off with it.
Prisoner's Defence. I was coming down Crawford-street—a man asked me to carry it to sell, and said he would give me sixpence.
(Catherine Hetnell gave the prisoner a good character, and promised to provide for him.)
GUILTY . Aged 18.—Recommended to mercy, believing him to be in
distress.— Confined One Month.
238. EMMA SMITH was indicted for stealing, on the 1st of December, 6 wine-glasses, value 6s.; 2 knives, value 1s. 6d.; and two forks, value 1s.; the goods of William Lovell; and ELIZABETH WILKINS was indicted for feloniously receiving the same, well knowing them to have been stolen, against the Statute, &c.
MR. BODKIN conducted the Prosecution.
MARY COOK . In November I was in the service of Mr. Lovell, of Pentonville—the prisoner Smith was servant there for five weeks—I was down in the kitchen on a Sunday morning about three weeks ago—I came up into the parlour, and saw Smith there—she told me she had got half a dozen of her master's wine-glasses—I told her she would get found out—she said no, she should not—the wine-glasses had been kept in the parlour
cupboard—she had them then in her hand, and took them down stairs—there were six of them—about a fortnight ago, on a Monday, I went down into the kitchen, and saw her with two knives and two forks in her hand—she said she would have them, and she took them into her room—she went out on the Wednesday night, but I do not know where she went—she went to get some oil—I did not know Wilkins till Smith came into my master's service—I have seen her at my master's rails—I heard her cough, and I went to see who it was—I saw her there about a fortnight ago, and Smith gave her half a dozen glasses and a very large coal, which she handed through the rails to her—Wilkins went away with them.
Cross-examined by MR. CLARKSON. Q. I suppose you were a perfectly innocent person in all this? A. Yes; my master had not lost any thing before Smith came to the house—I had lived seven months in the place—I know the glass drawer in my master's house—I never opened it myself—I went to look at the things in it along with Emma—I do not know whether it was locked—I was down stairs when she opened it.
Q. How could you tell she opened it if you were down stairs? A. There was no one else in the room—it was locked—I have seen my mistress go to it, and lock it—I never tried it—I looked into it when Emma had it open—she took the ear-rings out—I did not go and tell my master when I saw her take these wine-glasses—I stood by and said nothing about it—I have been at Mrs. Wilkins's twice—I never went to take any thing—I went to give Emma's love; that is about three weeks ago—I went the second time to take some wine that was taken from Mrs. Lovell's—I tasted the beer as well as the wine—the wine was like stale beer; it was not like wine—I never was at Wilkins's but on those two occasions.
Q. Is there a cupboard in the kitchen which has a key that opens the wine cellar door? A. I do not know—I do not know how the wine got out—I was up stairs, and saw Emma holding two bottles to the candle, which were to go to Mrs. Wilkins—that was on a Sunday, about three weeks ago—I did not see any ear-rings at Mrs. Wilkins's—I saw them in Emma's hands—I did not tell Mrs. Lovell of it—I was afraid—I told Emma one night, when she first took the things, that I would tell, and she said she would put the things back next morning, and swear she had never touched them—she did not put them—no one but me saw the wine-glasses handed to Wilkins.
MARTHA MASON . I lodge in the house with Wilkins. I know Smith by seeing her come to and fro from Mr. Lovell to Wilkins, during the time I lodged there; and last Monday week Wilkins brought home half a dozen of wine-glasses, which she brought wrapped up in a piece of brown cloth—she had asked me to go to Mrs. Lovell's to bring home six wine-glasses, as she was going to get some coals, and she thought she should break them; but I would not go—she went, and returned in about ten minutes—she said she had been to Mr. Lovell's, and some person gave her them over the area rails.
JOHN HULL (police-constable G 220.) I went with the prosecutor to Wilkins's house—I found these knives and forks and glasses there—I asked Wilkins about these things—she said she knew nothing about them—I took Smith—I told her it was for robbing her master—when we went down to search her box, she said she had robbed her master.
have of these things—these knives and forks have the name of "Post" on them, who is the person I bought them of.
NOT GUILTY .
239. EMMA SMITH was again indicted for stealing, on the 30th of November, ¾ of a yard of velvet, value 8s.; 2 ear-rings, value 5s.; 1 cap, value 7s.; 1 frock, value 9s.; and 1 habit shirt, value 4s.; the goods of William Lovell; and ELIZABETH WILKINS was indicted for feloniously receiving the same, well knowing them to have been stolen.
MR. BODKIN conducted the Prosecution.
MARY COOK . I am servant to Mr. Lovell. About three weeks ago Smith asked me if I had seen some velvet in my mistress's drawer—I said "No"—she then told me she would show me a piece of velvet—she went into her room, unlocked her own box, and produced this piece—she then put it back into her box—I told her I would tell—she told me not to tell, as she was going to make a bonnet of it—about three weeks ago I saw Emma unlock my mistress's glass drawer with the key of her own tea-chest when I was helping her to make mistress's bed, she took out a pair of ear-rings, and told me she would take them to Mrs. Wilkins—there was a cornelian stone on the top of one—she said she would get it altered—she put them into her pocket.
Cross-examined by MR. CLARKSON. Q. Where were you at the time? A. In the bed-room—Emma opened the glass drawer and took out the ear-rings.
Q. Upon your oath did you not state to me in the last case, that you were down stairs when she opened it? A. I was up stairs—it was on a Sunday morning she took the wine-glasses—it was on a Thursday she took the ear-rings—I am almost sure it was not the same day that I saw the velvet.
MARTHA MASON . I was lodging at Mrs. Wilkins's. I know Smith, by coming to and fro—I remember her coming to the house and bringing some velvet and ear-rings—she gave them to Mrs. Wilkins, and said the velvet was to make her a bonnet, and the ear-rings to be repaired, for her mistress had made her a present of them—she gave me a frock-body, and said she would make me a present of it—she brought them on a Sunday night, and on the Monday morning I took them to Mr. Lovell's brother.
Cross-examined. Q. Are you married? A. Yes, my husband does not live with me—I went to lodge at Mrs. Wilkins's—I had been in service, and was then living on what I had saved when I was in place—I left my place six weeks ago—I had parted from my husband seven or eight months ago—I cannot exactly say how long—it is about that time—I went to service about a week after I parted from him, and I was in place seven months—I did not know Wilkins before I went to lodge there, but her landlady told me she took in persons to lodge—I did not go there to be confined—it is a fortnight ago last Monday night that I had the conversation about the wine-glasses—it was three weeks ago, to the best of my recollection, when she f brought things in, but I was not at home when she first brought them—I went to Mr. Lovell's as soon as I had any thing to show—I tasted the wine, but it was too bad to be drank.
JOHN HULL . I am an officer. I found at Wilkins's this velvet in a box, and the ear-rings she produced—I went with Mrs. Lovell, and told Wilkins I had come about Mr. Lovell being robbed—she denied all knowledge of any thing of the kind—she stated, in reference to the whole of the
articles, that Emma Smith brought them there, and left them—I then took her—I had taken Smith before; she said she had been robbing her master.
Cross-examined. Q. What were her words? A. She stated she had robbed her master—I believe I stated that to the magistrate—I cannot tell—I do not know whether what I said was taken in writing—it was read over to me—I did not upon recollection say that she had robbed her master.
ELIZABETH LOVELL . These are my property—I never gave these ear-rings to Smith, they were in a drawer in my room which was kept locked—this velvet was cut off a roll in a drawer in my room—I have compared it with what is left—I lost more than this.
(Elizabeth Reader, of Bryanston-square; and Elizabeth Bedsor, of Fetter-lane; and Catherine Harrison, Pentonville-road, gave the prisoner, Smith, a good character.)
SMITH— GUILTY . Aged 22.—Recommended to mercy by the Jury.— Confined Four Months.
WILKINS— GUILTY . Aged 65.— Transported for Seven Years.
CHARLES FERGUSSON FORBES, ESQ . M.D. My servant was ill some time ago, and I had the prisoner to officiate for him. He did not sleep at my house—he quitted me about the 20th or 21st of August—he had no right to be there afterwards; but I heard him there—on the 26th of November I missed a gold pencil-case, ornamented with turquoise, three boxes, and some other things; part of those have been found.
JOHN FLOOD (police-constable C 7.) I was called by the cook, and took the prisoner in Dr. Forbes's kitchen. I did not know what the robbery was then; but the prisoner said, "If the person that pawned the boxes can be identified, I shall be done for"—he was standing with his arms folded, rolling against the dresser.
Prisoner. Q. How far was the cook from you? A. I suppose ten yards—I was close to you.
Prisoner. Q. Did you know it was mine? A. You told me it was yours.
DR. FORBES. This property is all mine. I have no doubt of it.
Prisoner. Q. Were they all lost after I left your employ? A. I am not certain whether I might not miss one of them before—you had not access to my plate—I had rather not say whether I suspected you before—
I had missed a great many books, and some sets of books have been spoiled by some of them being taken away.
GUILTY . Aged 40.— Transported for Seven Years.
241. HENRY BENTLEY was indicted for stealing, on the 24th of November, 3 glazed window sashes, value 30s., the goods of Edward Chuck and others, being fixed in a certain building.—2nd COUNT, stating it to be 18 panes of glass, value 1 l.
JAMES GODFREY . I am an officer. On the 28th of November, I was on duty in Edward-street, Kingsland-road, near an empty building—I heard a noise inside—I listened, and heard some one was there—I went to Kingsland-road, and fetched my brother officer—I left him there—I went and got the key of the house from the shopman—I brought Smith with me—I attempted to put the key into the lock, but I could not—I found there was something inside which prevented me—I then planted Smith at the back, while I got over the wall and attempted to force my way in, but I could not—I heard some persons run towards the front, and I called to my brother officer, who was in front, to look out—I got over the wall again, and I just saw the prisoner rise from the ground—I followed him till he fell down in a garden—I then took him—I got a ladder and a light, went into the house, and found this skeleton key in the lock—two sashes had been removed from the front parlour, and one from the back parlour—these are the sashes.
Cross-examined by MR. PHILLIPS. Q. Had you seen them in the house before? A. No; it was dark, but it was a clear night, about half-past seven o'clock—I pursued him about three hundred yards—he turned one corner, but I did not lose sight of him—the glass was not in the sashes when I saw it, but I have fitted it to them.
THOMAS ZINZAN (police-constable.) I was called—I stood in front, and Godfrey got over the back wall—I saw the prisoner jump from the one-pair window—he very nearly jumped upon me—I had a hard scuffle to get from under him—he ran off—we pursued and took him—he had no hat on, but we found a hat in the back fire-place which he said was his.
Cross-examined. Q. Did you lose sight of him? A. No Sir; in fact, I had hold of him when he first jumped down—I was not alarmed when he jumped upon me—I thought he would come out of the lower room window—he only turned one corner, but he went into the road—I could see him—I was not three yards from him—there were, I suppose, fifty persons running, but I was first next to the prisoner.
ROBERT SMITH . My father is a plumber. I went to the house and saw the prisoner jump from the one-pair window into the street, without hat or shoes—he had his shoes in his hand—I am sure he is the person.
Cross-examined. Q. You say he had a pair of shoes in his hand? A. I cannot say for two shoes, I saw one in his hand—I was standing at the corner—he was taken in a small fore-court in William-street, Curtain-road—I did not lose sight of him.
WILLIAM CONSTANTINE . This house belongs to my employers, Edward Chuck & Co.—I have the care of it. I went and found three sashes had been removed—I had not been there for some weeks—it was then occupied—I had passed the house afterwards, but the shutters were closed—the glass had evidently been taken out of the sashes very lately, and the cords recently cut.
Cross-examined. Q. How long before the sashes might have been safe,
you cannot tell? A. No; the putty was not hard—they had been glazed several months, perhaps six months—putty hardens in that time—I had been in the country, and had not been to the house for three weeks—Mr. Chuck has two partners—they are lead and glass merchants—I know the house was their property—I have received the rents for them.
(John McDowell, a dyer; and Sarah Counsel, gave the prisoner a good character.)
GUILTY . Aged 25.— Transported for Seven Years.
GEORGE DIX . I am a constable of the London Docks. On the 2nd of December I was on duty, about half-past nine o'clock in the morning—I saw the prisoner walking fast before me, and going towards one of the gates—he had this coat on, and was looking at it and feeling the pockets—I conjectured it was not his—I walked fast, and passed him—I then asked him if he was employed in the Docks—he said no, but he had been—I saw the coat was stained with indigo—I asked if it was his own—he said yes, and he had bought it in Rosemary-lane—I locked him up, and then found the owner.
WILLIAM HUBBERT . I am a labourer in the Docks. On the 2nd of December I left this coat in the wheel-room—I knew the prisoner by working with him, but he was not working there that day, and had no right to my coat.
Prisoner's Defence. I have a wife and four small children in great distress—I was driven to do what I did—the officer has been to my house, and knows what I say is true.
GUILTY . Aged 40.—Recommended to mercy.— Confined One Month.
243. ELIZABETH BERRY was indicted for stealing, on the 3rd of December, 2lbs. weight of bread, value 1d.; 1 ¾ lbs. of pork, value 1s.; 7oz. of veal, value 4d.; 10oz. weight of beef, value 6d.; the goods of James Augustus Hessey, her master; and FRANCIS BERRY was indicted for feloniously receiving the said goods, well knowing them to have been stolen; to which they pleaded
ELIZABETH BERRY.— Confined Six Weeks.
FRANCIS BERRY.— Confined Three Months.
OLD COURT.—Wednesday December 17th.
First Jury, before Mr. Sergeant Arabin.
JOHN HUGHES . I am a confectioner, and live in High-street, Shoreditch. On the evening of the 1st of December I had been to Ratcliff-highway, and purchased 28lbs. of moist sugar, and 8 1/2 lbs. of lump—I had the moist sugar on my shoulder, and the loaf sugar in a handkerchief in my hand—the prisoner accosted me in Brick-lane, and said, "You seem to have a very awkward load there"—I said I had—he said, "Are you going far?"—I said, "To Shoreditch"—he said he was going that way, and would assist me in carrying one parcel—I said I was extremely obliged to him, and gave
him the 8 1/2 lbs. of sugar in the handkerchief to carry—he had not proceeded a hundred yards when I saw him joined by another person, which excited my suspicions—I kept a sharp eye on him, and on turning down Slater-street I heard them in deep conversation—all on a sudden I turned round and saw the prisoner give the sugar to the young man, who ran away with it—I collared the prisoner, and called "Stop thief"—the prisoner knocked me down—the other, who ran away, threw the sugar down on a step and escaped—the prisoner got from me—I called "Stop thief," and he was taken—I have not a doubt of his person—he had a surtout coat on.
JOHN MARTIN . I was in Slater-street, Spitalfields, and heard the cry of "Stop thief"—I saw the prosecutor knocked down by a man in a surtout coat, and he ran down the street—the policeman brought a man back in a surtout coat—I cannot say it was the prisoner.
THOMAS FISHER . I am a policeman. I was on duty in Swan-street, and heard a cry of "Stop thief"—I hastened to the spot, and met the prisoner running very fast from Slater-street—I secured him—the prosecutor said he was the man.
Prisoner. He said, "No doubt he is innocent, and I will not take him," but the prosecutor said, "Take him, and I will pay you for your trouble." Witness. It is false.
(The prisoner put in a written defence, declaring his innocence, and stating that he was only running, with others, on hearing the cry of "Stop thief.")
(John Sheridan, hatter, Sweet-apple-court, deposed to his good character.)
GUILTY . Aged 19.— Transported for Seven Years.
JOHN HART . I am clerk to my father, Aaron Henry Hart, of No. 356, Oxford-street. On the 22nd of November, I received nine £5 Bank-notes, from Dixon's, of Chancery-lane—eight of them were new, and one old—I lost the old one; and knowing there was one old one, I recollected it had a blot of ink on it, and either "Jones or Johnstone and Co., Bush-lane," on the back—the new notes were all following numbers—I saw the old one again at the Bank of England, and recognised it—I stopped it on the Monday, and it was paid in on Tuesday—I missed it on Sunday, the 23rd of November—I knew the note again, and believe it to be the same—the prisoner was in our employ, and had been so about three months, as errandboy—I had given the notes to my mother to put by—my father's house is in the parish of St. James.
ELIZABETH HART . I am the mother of the last witness. He gave me eight new and one old Bank-note on Saturday, the 22nd of November—I did not notice them myself—I put them into a cash-box into an escritoir, in our sitting-room—the prisoner had access to that room—on Sunday I discovered one was gone—I had the key of that escritoir—the ward was out of the lock, so we suppose it was opened with another key—it was not broken open—I am certain I had put all the notes into it—I mentioned it to my son—the prisoner was there on Sunday—he did not leave—we did not charge him with it till the Thursday after, when I traced the note to him, by his buying clothes, which he said were given to him at the workhouse, where he had come from—and we suspected him.
The prisoner came to my shop on Saturday night, the 22nd of November, for change of a £5 note—he bought nothing of me—he was in the habit of coming for change for Mrs. Hart—I sent him to our cashier to get change—I took the note from him myself, and he had change for it—my partner wrote Mrs. Hart's name on the note, and the date in my pretence—it was paid into our bankers, Sir C. Price and Co.—I saw it afterwards, and knew it was the same as I took from him—the prosecutor saw the note.
JOHN HART . I saw the note afterwards—it was produced from the Bank—it was the same note I had lost—it had the marks on, which I knew—I told the clerk there would be a blot on the back—I did not send the prisoner to change it—he said afterwards that he found it.
MRS. HART. I did not send him to change a note on Saturday night—I did not lock the cash-box—the ward of the escritoir lock was broken.
JOHN HART . Before the prisoner's first examination, he said he had bought the clothes with the change of the £5 note, and told me where he had bought them—I told him to point me out the place where he bought them—I made him no promise nor threat—he said he found the note in my shop.
GUILTY . Aged 15.—Recommended to mercy on account of his youth.
Transported for Life.
Before Mr. Justice Littledale.
246. JOSEPH HAYDON was indicted for breaking and entering the dwelling-house of Thomas King, on the 29th of November, at Harrow-on-the-Hill, and stealing therein 2 waistcoats, value 12s.; 1 jacket, value 20s.; 1 hat, value 8s.; and 1 pair of breeches, value 15s.; 3 knives, value 1s.; 1 razor, value 1s.; and 2 handkerchiefs, value 18d.; his goods.
THOMAS KING . I occupy a house in the parish of Harrow-on-the-Hill, in Middlesex—I am a farmer's man. I left my house on Saturday, the 29th of November, at half-past five o'clock in the morning—the prisoner was taken that day, and brought to me where I work, about a quarter of a mile from my house, a little before twelve o'clock—I knew him before—he was a fanner's man, and belongs to the same parish as me, but he had no work, I believe—William Ball brought him to me—Ball's house and mine join together—it is all under the same roof, only there is a partition between—you go into the two houses by different doors—when he was brought to me he had all my property about him—my wearing apparel, and other articles—I had left my wife in the house—I had not gone home before the prisoner was brought to me—he had a velveteen jacket, two waistcoats, one with sleeves, and the other without, a pair of small clothes, a hat, three clasp knives, a razor, a little box, and two handkerchiefs—I had seen them all safe that morning before I went out—I knew them again perfectly well when I saw them—the prisoner had my hat on his head, and the other wearing apparel tied up in a shawl, belonging to the witness's mother, and the knives, razors, and other little things were in his pocket—the first word he said was, "Tom, forgive me, and I will never do so any more"—I had said nothing to him at all—I had not said he had better confess, nor had Ball, in my hearing—I shut the door when I went away, but my wife locked it.
alone in the house—I went out about half-past seven o'clock, and locked the door—I left the key where I always do, in a shed just outside the house—it was covered up, and the windows were fastened—I did not return till after the house was broken open—I got home about half-past two o'clock—my husband had got home before me, but was not at home then—there was nobody in the house—I found the prisoner's hat in the cupboard, close against the fire-place—the house is only one room—I missed my husband's clothes.
WILLIAM BALL . I live next door to King. On Saturday morning, the 29th of November, a little after ten o'clock, I saw the prisoner come through the field where I was at work, towards our houses—he had nothing with him that I could see—I said nothing to him—I saw him come back a little after eleven o'clock, with a bundle, the same way as he had gone—he had a new hat on—he was not more than two or three hundred yards from our house—he had a bundle tied up in a silk shawl belonging to my mother—I knew the shawl, and went and collared him—I asked what he had got there—he said, his own clothes—I told him they did not belong to him—he said, "They are yours; let me go"—I said I would not, and that I would take him away to King, for he had got his hat on his head—I knew it was King's hat—I took him to King—I neither said it would be better or worse for him if he did, or did not confess—I took him to King between eleven and twelve o'clock—we left the things in possession of James Rowe, the officer, who has them now.
JAMES ROWE . I am constable of Harrow. I have the property, which was delivered to me in Ball's presence, and have had the care of it ever since—I took the prisoner into custody at Dunstable—he had escaped from the cage—I pursued him, and brought him back on the Wednesday following, to the magistrate at Edgeware.
THOMAS KING re-examined. I returned to my house before my wife—the lock of my door was forced open by a mattock, which I found behind the door—I found the door on the latch when I went—the mattock belongs to Ball—there was a mark in the wood where the mattock was put to force it, and the staple of the lock was forced out of the post, and laid on the floor—a mattock is like a pick-axe—it can wrench the door open—Ball saw the mattock—I got back to my house about half-past twelve o'clock—I did not see the prisoner's hat in the house—I went with the prisoner to the cage—this property is mine—I have a particular mark on one of the waistcoats and jacket—I am rather lame in the right arm, and they are tucked up at the right arm—the property was all in my house that morning when I came away—the knives and razor were on a little box on the mantel-piece—the clothes were in the drawer—I know the hat by the mark in it—after the prisoner was taken, I wanted to get my hat from him, and asked what he had done with his own—he said he had left it at my house.
SARAH KING re-examined. I know the property to be my husband's—the velveteen jacket and coat I know by these tucks, which I put in them myself—I had seen them in the drawer in the morning when I left home—I found a strange hat in the cupboard—I do not know that it was the prisoner's.
GUILTY . Aged 21.— Transported for Life.
Before Mr. Justice Littledale.
247. JAMES PARKER was indicted for burglariously breaking and entering the dwelling-house of Charles Turner, about the hour of six in the night on the 27th of November, with intent to steal, and burglariously stealing therein 1 glass decanter, value 8s.; and 1 sugar basin, value 5s.; his goods.
GEORGE KEMP (police-constable N 82.) On the 27th of November, about six o'clock in the evening, I was on duty in Goldsmith's-row, Hackney-road—I saw the prisoner in company with another, whom I do not know—I saw the prosecutor's window shoved up by one of the two, I cannot say which—it was shut close down before—I saw the prisoner take something from the window—they both walked away about ten yards—they turned round, and saw me walking towards them, and then both ran away—I ran after the prisoner about forty yards, and then saw him chuck a decanter from his person on the ground—something else was thrown from his person—I could not tell what it was—they both kept running on—I ran after them, calling "Stop thief"—the prisoner was stopped by Benjamin Key, and given to me—I never lost sight of him—I told him I took him for stealing the decanter—he said it was not him, it was the other—I had not said a word to him about it being better or worse to confess—I took him back to the house the glass belonged to, and saw a woman standing at the door, who gave me a decanter and basin—the top of the decanter was broken off—I have had the care of them ever since—I took the prisoner to the station-house—it was about a quarter before six o'clock in the evening—it was a very dark night—I could not distinguish the features of a person by the natural light in the open air—I do not think I could distinguish a man's face without the assistance of the gas.
BENJAMIN KEY . On Thursday evening, the 27th of November, I was in Mason-street, near Goldsmith-row, Hackney-road. I heard the cry of "Stop thief"—I saw the prisoner running towards me, and I secured him—he said "Oh, what a fellow"—Kemp came up to me, and I gave him into his custody—I did not say it would be better or worse for him to confess.
CHARLES TURNER . I am a glass-cutter, and live in Goldsmith's-row, Shoreditch. I rent the house, but am a weekly tenant—I occupy the whole house, and pay the rent for the whole, weekly—I do not let any of it out—the shop is part of the house, and communicates with it—I make a shop of the parlour—on the evening of the 27th of November, I was called down stairs—the window was shut down close all day—when I was alarmed, a little girl had knocked at my door—when I came down I opened the street-door, and she gave me information—I found the window up then—I had left it down—this was between five and six o'clock—I had not been up stairs more than a quarter of an hour—I did not miss any thing at the moment—I opened the street door and ran as far as about a dozen doors—a little girl gave me the caddy basin, and decanter—these produced are mine, and are what she gave me—I knew them again when I saw them—I went back to my house and found they had been taken—I had seen them within a quarter of an hour, safe—I know them by cutting them myself—they are my own—they were on the bottom shelf in the window.
Prisoner's Defence (written.) The statement, in defence, is a denial of
the robbery, and that the policeman must be mistaken as to the identity of the person of the prisoner—he having stated that he followed the prisoner for half a mile without having lost sight of him, may, it is presumed, (without really imputing designed falsehood to the policeman,) imply sufficient reasonable grounds to incur that doubt, which it is hoped that the Court and Jury will allow the prisoner the benefit of in every way, for the sake of humanity and justice.
(John Parker, the prisoner's uncle, gave him an excellent character.)
GUILTYof stealing only. Aged 19.— Confined Six Months.
Before Lord Chief Justice Tindal.
248. BENJAMIN NECK was indicted for feloniously forging a certain Bill of Exchange, which is as follows:—"£54—Stockholm, 13th of August, 1834. At seventy-five days after date, pay this my first of exchange, to the order of Mr. Thomas Perry, in the sum of £54 sterling. Messrs. Oxenford and Allcock, London. H. L. Rehausen;" with intent to defraud George Henry Barnett and others, against the Statute.—2nd COUNT, for feloniously offering and putting off the said bill with a like intent.—3rd and 4th COUNTS, for forging and uttering a forged acceptance of the said bill.—4 other COUNTS, the same, only stating his intent to be to defraud William Oxenford and another.—8 other COUNTS, the same, only omitting to set out the forged instrument.
MR. ADOLPHUS conducted the Prosecution.
RICHARD BESCOBY . I am a clerk, in the employ of Messrs. George Henry Barnett, and three more partners. On the 30th of October this bill was presented at our counter—Oxenford and Allcock have an account at our house—it was not presented by the prisoner, but by another person, who wrote on it a receipt in the name of Joseph Boyd—it was paid in gold—I had some doubt about it when presented, and showed it to some other cashiers, but afterwards I paid it—it was written off Messrs. Oxenford's account, and put into their pass-book in the regular way.
WILLIAM OXENFORD . I am in partnership with William Blackston Allcock. A lady named Rehausen used to do business through our house—she is since dead—the prisoner was a clerk in our house for nine years, and kept all our correspondence—he would know that the baroness Rehausen had transactions with us—(looking at the bill) the acceptance to this bill is neither mine nor my partner's writing—it is an imitation of my handwriting—"H. L. Rehausen" is written on it—the Baroness always signed "H. L.," but never drew a bill on us—it is not her handwriting—I believe the body of the bill to be the prisoner's handwriting, from examining it with his own writing, in my possession—my belief is that it is his, from my knowledge of other handwriting of his in my possession—I never authorized him to accept bills for us.
COURT. Q. Have you ever seen the Baroness Rehausen write? A. Yes, I have had repeated correspondence with her, but I never saw her write lately—I have written to her and had answers from her, and have acted on those answers—I can form a judgment from the course of that correspondence that those letters were written by her—she drew her dividends from us—she used to authorize a banker to draw on us for them—she never drew a single bill herself—the signature "H. L. Rehausen" it written by the same hand as the body of the bill—it is rather like the Baroness's writing, but it is not hers.
JOSEPH BOYD . I live at Croydon, in Surrey. The prisoner lodged in my house for a fortnight—at the end of October he owed me 4l. 10s.—I required payment of it, and he gave me this draft—he told me to go to town and get the money, and told me when they gave me the money to sign my name as Thomas Perry—I asked him why he wished me to sign my name so for—he said there would be no harm in it; and said if they asked whether I would have gold or notes, to bring gold—I went to town and presented the bill at Barnett and Hoare's—I chucked the draft down, and they gave me the money—I wrote my own name on it, not the name he told me—I took it to Croydon, and gave all of it to the prisoner—he took it in doors, and paid my mistress 4l. 10s., which he owed her, and he gave me 10s. for my trouble of going to town—after that he went out and paid a few debts, and took a house for himself next door but one to me—the indorsement on the bill is my handwriting.
WILLIAM MESSENGER . I live at Croydon. I cannot write—on Monday the prisoner asked me to go to town to cash a bill of exchange—he did not give it to me—he asked me to go to London to fetch his money, and he would give me 5s.—I said I would go; and on Wednesday night he said he thought it would not do for me to go, because I could not write, and Mr. Boyd would go. (Bill read.)
Prisoner's Defence (written.)"As the evidence of my case is so clear against me, I have nothing to say in my defence, but throw myself on the mercy of the Court, praying that your Lordship will show me as much lenity as can be, after I state the following dreadful situation I am placed in:—that I have a wife entirely depending on my support, and she will be thrown utterly destitute on the world if I should be banished from this country—that I have been afflicted with bad legs for upwards of three years, and from the time of my committal I have been under the surgeon's hands at the infirmary at the gaol, scarcely able to stand upon them, the pain being so acute; and I fear that if my punishment is too severe, it will be the occasion of my losing them—that I committed the crime through actual want and distress, which was occasioned through my bad health; but if your Lordship should be pleased to sentence me to some lighter punishment than perhaps I ought to expect, I will, in my future life, conduct myself with the utmost honesty, let my misery and privations be the utmost that can be endured by a human being. This is the first time I ever was charged with crime of any description."
GUILTY of uttering. Aged 24.— Transported for Life.
Second Jury, before Mr. Recorder.
249. HENRY HALDER was indicted for stealing, on the 13th of December, 1 opera-glass, value 10s.; I opera-glass case, value 1s.; 2 shawls, value 3s.; 6 yards of flannel, value 5s.; 12 yards of silk, value 30s.; 6 spoons, value 6d.; 1 pair of boots, value 2s.; 1 coat, value 10s.; 1 Bible, value 2s.; 1 pair of ear-rings, value 5s.; 7 yards of lace, value 2s.; and 1 handkerchief, value 2s.; the goods of John Kelday, his master.
JOHN KELDAY . I am a pawnbroker, and live in Broadway, Blackfriars. The prisoner was in my employ as warehouse lad for about three months—I was sent for from Hackney on Saturday last—I sent for an officer—a box belonging to the prisoner was searched in his presence, and I found in it an opera-glass in a red case, two small red shawls, a remnant of flannel, twelve yards of silk, six table-spoons, a coat, and a bible; and on his person I saw the officer find seven yards of lace, a pair of ear-rings, and a silk
handkerchief—I can identify them from their having my duplicates attached to them—they were articles pledged with me.
Cross-examined by MR. CLARKSON. Q. Were the pledges out of date? A. Most of them were—he had not been in service before, and I was satisfied with the character of his father—I understood his connexions were respectable—he is very young—I had seen nothing to cause me to be dissatisfied with him—I am convinced he has been made the dupe of somebody else—my object in taking him was to discover who seduced him—he has given me no information.
(Property produced and sworn to.)
Prisoner's Defence. I did not put them into my box with the intention of stealing them.
(Thomas Hayford, silversmith, Hoxton Old Town: Michael Shaw, painter and glazier, Huntingdon-street, Kingsland-road; and Henry Freeman, a publican, gave the prisoner a good character.)
GUILTY . Aged 12.— Confined three months.
250. SARAH BALL, alias Neilson , was indicted for stealing, on the 24th of November, at St. John's, Westminster, 4 spoons, value 16s.; 1 pair of sugar-tongs, value 4s.; 1 coat, value 2l.;1 pair of trowsers, value 30s.; 1 waistcoat, value 14s.; 56 yards of printed cotton, value 36s.; 6 yards of calico, value 4s.; 1 yard of linen, value 1s.; and 5 sovereigns; the goods and monies of Richard Gower, in his dwelling-house.
RICHARD GOWER . I live in Grosvenor-street, Milbank, and am a messenger to His Majesty's Exchequer Office. The prisoner has lodged in my house nearly four years—on the night of the 24th of November I received information from my wife as I was going home, and went and examined my room partly—I missed the articles stated in the indictment from my bed-room—the prisoner occupied the back room on the same floor—I had a little suspicion of her, and fetched an officer to examine the premises all over—I went away, leaving the prisoner in the house—next morning I gave her into custody.
Cross-examined by MR. DOANE. Q. When did you miss the things? A. On the 24th of November, between eleven and twelve o'clock at night—I gave her into custody next morning between eight and nine o'clock—I had no more lodgers—I have been married nearly twenty years—my wife lived with me all the time—I am quite sure of that—I left my coat in the bed-room cupboard.
JOHN EDWARDS (police-constable V 14.) On Tuesday morning, the 25th of November, I went to the prosecutor's house—I saw Mr. Gower, who said he had been robbed the night before—the prisoner was present—I asked him if he suspected any body—he said he suspected the prisoner—I asked if he wished to give her into custody, and after some hesitation he did so—I searched her room, and found three sovereigns concealed under an inkstand in a writing-desk—this was about half-past eight o'clock—she was dressed—I found 13s. in a purse in a reticule bag in her bed-room—I took her to the station-house, and on the Friday following she was examined again, and remanded until Tuesday—I received information on Friday evening—in going to the station-house I asked her where she got the sovereigns—she said she got them at work—I asked her again at the
station-house, and she told me her husband had given them to her—she said she had seen her husband on the Monday evening; that she met him at the end of Grosvenor-street, and walked with him from Westminster Bridge towards Walworth, and nearly back again to Westminster Bridge—she said he was a surgeon in the Navy, and lived at No. 6, Kennington-street, Walworth—I found a person answering to that name and description—I found the key of the prisoner's door would unlock the prosecutor's room door—they were common keys—I received information from the prosecutor—I went to Lambeth House, Westminster-road—I heard something there, returned to the prisoner's room, and found three pieces of flannel and a piece of silk on the Friday night—I have it here—on the Saturday Mr. Neilson called on me at the watch-house—I produce a pair of socks which I got from him.
Cross-examined. Q. You took her on the 25th? A. Yes; and searched her room then—I saw the flannel and silk there then, but did not take it away—the prosecutor was there and saw it—he said nothing about it then.
ELIZABETH GOWER . I am the prosecutor's wife. When I came home I went up into my bed-room, and found the door wide open—I examined a trunk in the room, and discovered five sovereigns gone, four tea-spoons, and a pair of sugar-tongs, from a cupboard in the same room; my husband's coat, waistcoat, and trowsers from another cupboard in the same room; also two pieces of printed furniture and a piece of binding—next morning I missed six yards of calico and a piece of brown holland—I have since seen the furniture—it is not here—here is the pattern of it (produced)—I have seen nothing else since—I saw the furniture at the shop I originally purchased it at—I told the prisoner of my loss about eleven o'clock, when she came home—she was in my debt for ten weeks' rent—before that she always paid very punctually—she did not seem at all surprised when I told her of my loss, as I should have thought she would have been—the room door was not forced—my key hung up in the kitchen, where I had left it—I left nobody but the prisoner in the house when I went out.
Cross-examined. Q. Had you locked the bed-room door yourself? A. Yes, when I went out, about twelve o'clock in the day—I am quite sure I locked it—I was the first that came home; about ten o'clock at night—I saw the contents of the trunk half an hour before I left, when I went to it for the things I wanted to put on—I saw the furniture I missed at a shop, and it was produced—one piece I could swear positively to, because it had been unrolled and rolled up again—I can only swear to the pattern of this—it had no mark on it.
SARAH DOWLING . I am the wife of Frederick Dowling, a cellarman to a wine-merchant, and live in Anglesea-terrace. On the 24th of November, between two and three o'clock in the afternoon, I saw the prisoner over Westminster Bridge, in the road, with a large paper parcel, secured at the end—she was before me, and was carrying it in her arms—I tried to overtake her—she walked very quick, and I lost sight of her just as she got to Lambeth House—she had a dark merino gown on, a dark shawl, a brown silk bonnet, and black veil—she called on me at half-past nine that night—I told her I thought it was rather a late hour—she said she had been into the City to her husband, and wished to rest half an hour—she left our house at ten—I said nothing to her about having seen her in the morning—(looking at her deposition) this is my mark—it was read over to me before I put it—I did not give a different account
of this at the office—I did not refer to a conversation I had with the prisoner when she called in the afternoon—I never said, "You were in a great hurry this morning when I saw you;" and she never mentioned it—I cannot read—I might say so—I believe I did.
JOSEPH BRACEY . I live with Simmons, Harvey, and Co., linen-drapers. I sold to Elizabeth Gower, two pieces of furniture, which were produced at Queen-square and taken to our house, and by some means they were put into our stock and sold; but I have been and got a pattern—I cannot produce the piece—Mrs. Gower bought it on a Monday, in November, I believe; but I am not certain—she bought twenty-eight yards—about three days afterwards she bought twenty-eight yards more of the same pattern and price—about a fortnight afterwards a female came to our shop with two pieces of the same pattern, which I sold—it was the same pattern, and one piece I could identify as the same piece by being unrolled—they are always done very tight, and after that any person who is not in the habit of rolling them up can not do it the same; and the other piece was not unrolled—we had a private mark on it to denote the price—we put the same mark on all the goods of the same quality—I never sold any of that pattern to any body but Mrs. Gower—I cannot say other shopmen in the house have not sold any—I have said it was not the prisoner who brought it to our house—her appearance is altered, and I was deceived—I now say it was a person resembling her—the person who brought it had goods in exchange, black silk, flannel, and black lining, and grey socks—there was a female at Queen-square, who I suspected was a person resembling her, and I found it was her own sister—I should not know the things I sold her again—those produced correspond in the quantities—I sold her exactly fourteen yards of silk, and thirteen of lining.
Cross-examined by MR. DOANE. Q. Have you measured them? A. I have not—they have been measured—there was an inch measure at the office, by which I ascertained they were the same length.
CHARLES SACH . I am in the employ of Harvey and Co. I recollect a woman sitting in the warehouse—I went to her and inquired what she wanted—she said she wanted to have some furniture exchanged—I asked her who attended to her when she bought it—she said she did not recollect—I asked her if it was one of the young men, or a lady—she said a young man—I took it round the shop, and found it was Bracey, and sent him to her—I believe the prisoner to be the person, from a recollection of her person and voice—I did not see her sister at the office—I have no particular mark by which I know the furniture she bought—I am in the habit of selling the same article to different customers.
Cross-examined. Q. Are you quite sure you may not be mistaken in her identity? A. I should not like to swear to her.
THOMAS NEILSON . I am a surgeon, and live at No. 6, Kennington-street, Walworth. I have known the prisoner seven or eight months—she bore my name, and had my permission to pass at my wife—I met her on Monday, the 24th of November, and received a pair of socks from her—she said she had forgotten to purchase them the previous week—these are what I received from her—I had previously desired to have some socks, and had given her a sovereign ten days or a fortnight before—I never gave her five or six sovereigns altogether—I may have done more for her altogether—I did not pay for her lodging, or support her.
are the same as I got from the prisoner's room—I saw them on Tuesday, and received them on Wednesday.
DAVID PHILLIPS (police-constable B 15.) I was in the station-house on the 25th of November at two o'clock—I saw the prisoner there—I saw something moving in her mouth—I asked what she had there—she said "Nothing"—I asked her to open her mouth—she refused—I took hold of her—she opened her mouth, and I took two sovereigns out of it.
MRS. GOWER. I saw the five sovereigns in the morning when I went away.
NOT GUILTY .
NEW COURT.—Wednesday, December 17th, 1834.
Fifth Jury, before Mr. Common Sergeant.
JANE BEGG . I am the wife of John Begg. The prisoner lodged in the same house with me—she left on the 23d of September—while she was there, I had some lace, which I put, with some other things, into my box—on the 28th of September, I missed it—I went to Worship-street, and they sent an officer, who went to where I lodged, but the prisoner was gone—I afterwards went to where the prisoner lodged—I saw her box open, and this lace was found in it—it is mine—it is exactly eleven weeks ago since I missed it, on a Sabbath morning.
Cross-examined by MR. CLARKSON. Q. This poor woman has surrendered this morning, has she not? A. Yes; she attended three or four times before the magistrate—I lodged on the first floor, and she on the second—I was not receiving much money at that time, but I had a good many things in my boxes—I changed lodgings with the prisoner—I have two children—I never was without food for them, but the prisoner has often given them bread and butter—I had no furniture but my boxes and bedstead—the prisoner lived with her husband, and they were comparatively well off—the lace was found in her box—I cannot say that I remember that box being packed up, when she removed—I did not assist in packing her box—my hands were never in her box.
Q. Was it through Mrs. Burroughs that you were induced to take this woman? A. She told me what she had lost—I heard that the prisoner had a quarrel with her in consequence of her calling her a thief—I did not assist in packing the prisoner's box—I saw her packing a box, but I cannot say whether it was the box my lace was found in—I was not present when her boxes were packed—I know a girl named Ann Clark.
Q. I ask you again, (Clark is here,) did you not actually assist in packing this very box? A. No: the prisoner went to live at Mrs. Burrough's, in Paul-square—I called, and saw her there, on the Monday after I discovered my loss—I had lost a great many things—my husband and another person were with me—I mentioned this lace to the prisoner—I called it "My cap borders!"—the prisoner did not, on that occasion, offer to have her box searched.
Q. Did you see the officer, and did not the prisoner offer that he should
search her box, but you refused? A. I did; but she did not know it, because I did not then suspect her—Mrs. Burroughs sent a policeman into the prisoner's room, to search her boxes, but that was six weeks after I lost my things—the box in which this was found, was not locked—I do not remember the prisoner recommending me to go to Worship-street—perhaps she did—I do not know when the policeman broke into her room—he handed her over to another officer—I do not know when I heard about the quarrel between her and Mrs. Burroughs—the prisoner said she would tell her husband that the lodger kissed her—I received a letter, written by Elizabeth Nicholls—I did not know from Mrs. Burroughs that she desired Nicholls to write—but it was in consequence of what Burroughs said, that the letter was written—Mrs. Burroughs said she had been robbed—Mrs. Nicholls knew I had been robbed, and she sent me word—Nicholls was not intimate with me—I knew her, but had not seen her for weeks before—I do not know that Burroughs knew Nicholls.
COURT. Q. When was she taken? A. One Monday night; but that was six weeks after I had been at the office—I did not suspect the prisoner when I went to the office.
MR. CLARKSON. Q. Did not Mrs. Nicholls live next door to you? A. No; she lived at No. 18, Aske-street—I live in Clerkenwell-close—I removed two or three days after my loss—I could not bear the room—my husband knew that I had this lace—it is in the same state now as it was, only it is unfolded—my husband left me to myself sometimes—I have never charged my husband with robbing me, nor with taking my things out of my box, and selling them, and getting drunk.
MRS. BURROUGHS. I did not induce Elizabeth Nicholls to write the letter.
Cross-examined. Q. Did you know Nicholls? A. Not till I saw her at the office—I did not know that she wrote any letter—I lost some things—I did not hear of the letter till the prisoner was in custody—my husband works at Mr. Springfield's—he is not a regular porter—I do not know what wages he has—he allows me 12s. a week—I let the house, and do needle-work, and earn 6s. or 8s. a week.
Q. What was the name of the lodger that the prisoner threatened to tell your husband had kissed you? A. Sir, it was false—his name is Reuben; but it was false—he is a foreigner—the policeman did not break the prisoner's door—he put his staff to it, and it flew open—he never forced it at all; but she would say any thing—I wonder she did not say something worse.
NOT GUILTY .
WILLIAM THOMAS . I am a clerk. On the 3rd of December, a little before eleven o'clock at night, I was in the East India-road—the prisoner came up under the pretence of begging for a few halfpence—I stood and felt my pocket—I said, "I do not think I have any halfpence"—we stood one or two minutes—she kept on talking—I then went away—she followed me a little distance—I then went on my road home, and when I came to the first lamp, I went to look at my watch, and missed it.
Q. What were you talking about? A. She wanted me to go home with her—I said I should do nothing of the kind—I then walked on, and she walked a little distance close to my arm, and when we got to the first
lamp, I missed my watch, when I was going to look what it was o'clock—the ribbon appeared to be broken—this is my watch—I had seen it at a quarter before ten o'clock.
Cross-examined by MR. DOANE. Q. You would have had the Jury believe that you only had conversation about some halfpence; do not you know you were sworn to tell the whole truth? A. I understood I was to wait till I was asked—the prisoner was alone—I had been at a friend's house—I was not the worse for liquor—I did not ask to go home with the prisoner—I did not say I had no money, and that she might have the watch till I came back at twelve o'clock; nor that I would go with her, but I had no money—I saw her again at the station-house—I might have seen her before, but had no knowledge of her—I was talking with her a few minutes in the open street—I think there was some person passed—as I was in the act of parting with her, I told her I should not go with her, as I was going home—the person coming up might have hurried me quicker—I might have stopped longer—we were close together—she stood by my side—she caught hold of my arm—she did nothing to me—I was not in fear of any particular person—I think it was a woman passed; I did not notice.
HENRY HOULTON (police-serjeant K 2.) I saw the prosecutor on the 3rd of December, and, from his communication, I found the prisoner—I found this watch in her bosom—it was a few minutes before one o'clock.
Cross-examined. Q. Where did you find her? A. In High-street, Poplar—she did not tell me where the watch was—she said it was left with her for 6s., and before the magistrate she said it was left with her for half-a-crown.
Prisoner's Defence. He left me the watch for half-a-crown.
GUILTY . Aged 21.— Transported for Seven Years.
GEORGE GOVE . I keep the Bedford Head, in Old-street. On the 5th of December the prisoner came to my house with a man—the man asked for her to go into my yard—I gave permission—she went and staid a long time—I went to see after her—my servant said she had been in the kitchen—I met her in the passage, and asked her what she had under her cloak—she said nothing—she was examined by a constable, and this set of fire-irons was found under her cloak—they belong to me, and had been in my kitchen.
Prisoner. I brought the man before your bar that I had them of. Witness. No, you did not.
Prisoner. You are aware that I pointed out the man, and said, "I insist on that man being taken if I am"—he received them of a man, and he came into the passage and said, "Lay hold," which I did, and the man walked up the court—I was coming back from the yard, and the dog barked—the servant said the dog would not hurt me—I then walked to the bar, and the landlord asked what I had got—I said, nothing of his—
the man was pointed out, and taken to Worship-street. Witness. No, he was not.
ELIZABETH ROGERS . I am the prosecutor's servant. I was in the yard when the dog barked—I saw the prisoner in the kitchen—there was no one else there—there was a man at the bar—he had not been in the kitchen—these fire-irons had been in the kitchen—I went in and missed them—I saw the prisoner there—she said she was afraid of the dog—I said he would not hurt her—I told her to go on, and then I saw the end of the irons.
Prisoner's Defence. I met a man and woman whom I had some slight knowledge of—I spoke to them—the woman went away, and said she would be back in a few minutes if I would wait—the man and I then walked, and when we came to the court that runs through the Bedford Head, he said, "Lay hold," and I took these irons—he went up the court, and I went through into the yard—when I got there a dog barked, and I beckoned for them to take the dog away—I stepped into the kitchen, and the girl came and told me to go on—I walked on to the bar, and the landlord said, "What have you got there?"—I said, nothing of his, as the things were given me by the man that stood there—I said, "If I am taken to the office, he shall"—he stood opposite me at the office—he was acquitted.
GUILTY . Aged 40.— Transported for Seven Years.
254. ANN SMITH was indicted for stealing, on the 2nd of December, 4 table-cloths, value 3l.;1 sheet, value 10s.; 15 napkins, value 2s.; 8lbs. of tea, value 2l.;16lbs. of sugar, value 9s.; 12lbs. of soap, value 5s.; 13lbs. of candles, value 15s.; 1 quart of brandy, value 8s.; 1 pint of rum, value 2s.; 1 1/2 pint of gin, value 2s.; 1/2 pint of cloves, value 1s. 6d.; 3lbs. of jam, value 5s.; 1 jelly mould, value 1s.; 6 bottles, value 1s.; and 3 jars, value 6d.; the goods of Edward Churchill, her master; and MARY CRAWFORD was indicted for feloniously receiving the same, well knowing them to have been feloniously stolen; against the Statute, &c.; to which they both pleaded
GUILTY .— Confined Two Months.
255. JAMES PURKIS was indicted for stealing, on the 4th of December, 48lbs. of hay, value 2s. 6d., the goods of John Chilton, his master; and JAMES RYSLEY was indicted for feloniously receiving the same, well knowing it to have been stolen, against the Statute, &c.
RICHARD GREGORY , Esq. On the 4th of December I was going down Mile-end-road, between one and two o'clock in the day—I saw Purkis take some hay out of his master's cart on his shoulder, and throw it down against the Coach and Horses public-house, close by the cellar window—when I had passed about twenty yards, I turned and saw a person in a smock frock, about the size of Rysley, put the hay down in the cellar—I gave information to Mr. Menzies.
Cross-examined by MR. BODKIN. Q. Was it an empty cart? A. Yes; returning from market—I have six waggon teams and one cart team on that road every day—I never allow my men to take hay, for the horses seldom get it.
ARCHIBALD MENZIES . I am the superintendent of the police. Mr. Gregory spoke to me—I went to the Coach and Horses, and opened the cellar flap under the tap-room—I saw the truss of hay—I called the policeman
man, who was going by—I told him to hand it up, which he did—I then asked Purkis what had become of the hay he had in his cart—he said he had had no hay, nor did he know any thing about any.
JOHN CHILTON . I am a farmer, and live at Loughton, in Essex. Purkis was my carter—I sent him to London on the 4th of December—he had a truss to feed the horses with—it was his duty to feed the horses with that truss—he told me he left some at the Bell, and when he came back he feeds the horses with it—the Coach and Horses is nearest to London—if he had fed his horses in London, he would not have had half so much hay as this left—here is about 48lbs.—it is worth 2s. 6d.—he had no right to sell or give it away—if he had any left, he should bring it home.
Cross-examined. Q. How far do you live from London? A. Eleven miles—I can swear to this hay—the Coach and Horses is nine miles, or nine and a half, from Loughton—this is what we call a bottle of hay, it is part of a truss, five or six pounds of it had been used—there should have been a great deal more used for the horses—he might have met a friend who had given him some—I should consider it wrong for him to leave any hay on the road for the next journey—my horses were not done justice to—he had to come once or twice a week to town.
WILLIAM HENRY BARKER . I keep the Coach and Horses—Rysley was my ostler—I have no stable, but he gives the norses hay and water at the door—I do not find hay, it is his own—there is a cellar under the tap-room, which he is in possession of—he has the key—I believe it is generally padlocked—it has no communication with the interior of the house.
JOSEPH OSBORN (police-constable K 83.) I took Rysley into custody—I went to the house and told him he was to come to Lambeth-street—I asked him no questions, but in going down the road he told me the country-man had asked him to let the hay be in the cellar till he came back.
Cross-examined by MR. PHILLIPS. Q. Had you apprised the persons at the house what you wanted? A. I told the landlady I came to take the ostler to Lambeth-street—I did not mention any thing about hay, in the house or out of the house—the landlady said he was in the tap-room, and I told him he must go with me—no one asked me what for—but the countryman was in custody before, and it was known at the house.
Purkis's Defence. I generally have three horses, and that day I had only two, and had some hay left.
(Mr. Smith, a farmer, of Loughton; Mr. Reeve, of Newgate Market; and Mr. Lake, a publican, in Spitalfields, gave Purkis a good character, and his master promised to employ him again.)
PURKIS— GUILTY .—Recommended to mercy. Confined One Month.
RYSLEY— NOT GUILTY .
DANIEL ROSS . I am a watch-maker, and live in Bear-street, Lincoln's-inn-fields. On the 1st of December I was in Benjamin-street, St. Sepulchre's, and felt a slight tug at my pocket—I felt and missed my handkerchief—I turned and saw the prisoner nearest to me—he walked away—I walked after him, and he turned and saw me, and ran—I ran and took him—he asked what I took him for—I said, "For taking my handkerchief"—he denied it, but at the same time he had it in his hand, and was endeavouring
to thrust it into his pocket—he then threw it down—I picked it up, but I still held him, and gave him in charge.
Prisoner's Defence. I had not had the handkerchief in my hand.
GUILTY —Aged 20.— Confined Three Months.
RICHARD FORTY . I am a boot and shoe-maker, and live in High-street, Shadwell. The prisoner was six or seven months in my employ, making women's shoes—on Saturday evening, the 29th of November, he brought home four pairs—I examined his work, and saw one particular pair among them which I doubted whether he had made—I said I never saw a pair in my life so much like Wallis's make—he said they had been on the last the whole week—I paid him part of his money, not having sufficient silver, and he went away—he came again about nine o'clock the same evening—he had half-a-crown in his hand, and said he had brought me a customer—I looked round, but could see no one—he then said Mrs. Stephen wished to purchase this pair of shoes, and she had already tried them—I refused to sell them, and told him I considered he was a guilty man—some customers then came in, I attended to them—I said to the boy, "Put those shoes aside"—the prisoner then went through the shop, saying she had better come herself—when the prisoner was gone, the shoes were missing—they had been where the customers could not reach them without being observed.
Q. What did you mean by saying he was a guilty man? A. Because he must have taken these shoes from the shop, and brought them in again—my charge relates to both the first and second taking.
Cross-examined by MR. PHILLIPS. Q. How many customers were there? A. Four or five—I had one shop-boy there and myself—the prisoner came to the shop again after I missed the shoes—he said he had come for the remainder of his money, and to know about the shoes—he said he came to have an explanation—I told him he was a guilty man, and referred him to Mr. Wallis, who was standing behind, to let them confront one another—Mr. Wallis said, "Do you intend to say that you made these shoes?" he said, "I do"—then says Mr. Wallis, "You are a guilty man"—there was some altercation, I cannot exactly recollect the words—I called in an officer, and gave charge of him.
Q. Did not you demand payment of the prisoner for the shoes? A. No, I refused to sell them to him—he said Mrs. Septhen wished to purchase them, and I would not sell them—he lived in lodgings—I used to give him work, and he made it and brought it home—he did journey-work—he has no stated wages.
JURY. Q. How many pairs had he to make? A. About eight pairs—he brought in four pairs then—I have not seen the others since he was taken up—he had not brought in that pair before: they had been brought in by another man.
MR. PHILLIPS. Q. Have you ever said they may be in your shop now for what you know? A. No, but he said he had not taken them—we
looked and could not find them—I cannot tell how many pair of boots and shoes I have in my shop—we only take stock once a year—when we took stock last, I had about five hundred pairs—I have searched every hole and corner by candle-light and day-light, and cannot find them.
SAMUEL DARBY . I am shopman to the prosecutor. I remember the prisoner bringing in four pairs of shoes—he came again and talked about buying one pair for Mrs. Septhen—my master told me to put a pair on one side—I took them off the counter and put them on the little table in the parlour—I came out—I did not see any one go in—I thought the girl was there lighting a fire, when I put them in—they were missed soon after—I did not see any one go into that room—I do not know whether the prisoner saw me go in with them—he was in the shop, and was nearest to the room—there were customers in the shop.
Cross-examined. Q. Where was the prisoner when you put the shoes on the table? A. About a yard from the parlour in the shop—I saw him go out in a few minutes after I put the shoes on the table—I did not see him have any thing with him—there were four or five customers in the shop trying on girls' boots—there was one woman, two men, and two or three children—I went past the prisoner to go to my mistress, whom I was helping to serve the customers—she is not here—she was about two yards from the parlour door—the prisoner came again about eleven o'clock, and asked why his character was disgraced at Mr. Forty's—he might have asked for his wages, but I did not hear him.
MATILDA BESWICK . I am servant to Mr. Forty. The prisoner worked for the shop—I was coming from the stairs to the little parlour that night, and saw him in the shop—I was then lighting the fire—I did not see Darby go in with the shoes—I did not see the shoes in the parlour, but I saw the prisoner in the shop, within half a yard of the little parlour, with a pair of shoes in his hand, pinching the toes—they were a pair of woman's leather slippers—I turned to get a light, and saw the prisoner go out of the shop with the shoes in his left hand—the shoes were missed in four or five minutes.
Cross-examined. Q. You never saw him in the parlour at all? A. No—I saw him distinctly with the shoes in his left hand—his back was towards me—any body could see the shoes in his hand if they were not engaged—this was about nine o'clock—he came back again about eleven o'clock—I heard my master say to the boy, "Where are the shoes?" and the boy said, "They are not there"—I then said, "I saw Swift go out with a pair of shoes"—Swift never went into the room—he was near the door—I might have been making up the fire when the boy was in the room—I did not see him—the table is about a yard and a half from the fire.
MR. PHILLIPS. Q. Would she be able to do so without a light? A. She was laying the wood to light the fire—I think I saw her—there was no light in the room.
MATILDA BESWICK re-examined. Q. Supposing you were laying the wood on the fire, did you go out of the room between that time and your having a light? A. I did not go out of the room—I could put my hand and get a light from the gas—there is a little window with a curtain.
MR. PHILLIPS. Q. If you did reach your hand, must you not have seen if any one came in? A. The prisoner need not come into the room
—the table joins the door, within about three inches, and he was about half a yard from the door—he could take them.
JURY. Q. Did you see the prisoner in the shop with a pair of shoes in his hand? A. Yes; as I was coming from the kitchen—they were the shoes I saw him go out with—any body could have seen him in the shop—my master was at the bottom of the shop—the prisoner's side was towards his master—my mistress was reaching some shoes—the prisoner stood pinching the toes of the shoes in the shop about six or eight minutes—I cannot say what he was waiting for—he walked out the same as usual—they were all engaged when he went out—he was about two yards and a half from my mistress when she was reaching down the shoes.
Prisoner's Defence. Last Saturday night, when my sister went to the prosecutor's to take her money, he told her he had a doubt whether the shoes were not still in his shop.
—WAYLING. I am the prisoner's sister. I went last Saturday night to the prosecutor's, and he said, "There is still now a doubt about these shoes, whether they are in my shop," and if there is a doubt it is ways allowed to the prisoner.
NOT GUILTY .
258. ELIZABETH SARAH WHITTON, MARY WOODISON , and MARY NUCKLEY , were indicted for stealing, on the 28th of November, 1 pair of half-boots; the goods of Robert Gadbury, from the person of Caroline Gadbury.
CAROLINE GADBURY . I am the daughter of Robert Gadbury, who lives at Bethnal-green. I have known Whitton three or four months—on the morning of the 28th of November, I saw her in Brick-lane—she asked me where I was going—I told her no where particularly—she asked if I would come to her sister's—I said I did not mind—I went there, and saw Woodison and Huckley—Woodison asked me if I would take my boots to pawn—I said, "No, I could not do that, I should catch it"—I sat down some time—Woodison and Nuckley went and brought in a pigeon—they ripped the belly open, took the heart out, stuck it full of pins, and roasted it, and said some words, but I do not know what it was—I sat down—Woodison and Whitton came up to me—Whitton put her hand upon my mouth—Nuckley stood by—she did not do any thing—before they took their hands away from my mouth—they said would I agree to let my boots go till night, and they would get them out for me—I was frightened, and said, "Yes," because they should take the hand from my mouth—they then took off my boots, and gave me two old ones to put on—I went to the pawnbroker's with them—they all three made me go—I pawned the boots for half-a-crown, but they were with me—I did not say any thing to the pawnbroker, because they promised they would get them out at night—I took the money and the duplicate from the counter—Woodison said, "You young heifer, give me the money"—I gave her the money and the duplicate—they then went and bought four pennyworth of sprats, and a pint of beer—this was on Friday—I stopped with them till Sunday, but there was no opportunity of getting away till then—Woodison brought a man home, and they locked me in a room with him—the man wanted me to come on his knee—I would not, and I screamed out—he then sent for some gin, and the door was opened—I ran out—I went past my mother's door, but would not go in as it was so late—I then met Whitton in the street, and
went home with her, and sat in a chair all night—Woodison had asked me to go and take a pig, or if I could not get a pig to take a fowl for her—my mother came and fetched me on Sunday.
Whitton. I was not there. Witness. Yes, she took me to Woodison, and she held my mouth when the shoes were taken off, between six and seven o'clock in the evening.
COURT. Q. Who went with you to the pawnbrokers? A. Woodison and Nuckley—Whitton went home to get a bonnet for me to wear—she said I could go out of a night, and get plenty of money—I had known Whitton by her coming to see my sister, to get her to go out with her at night.
Woodison. She said she took a hand of pork from her mother's, and sold it at Sheen's, in Wentworth-street, for 6d. Witness. No; I did not say so, because I should have told a story—I did not steal any plates—it was a neighbour's girl took them.
Nuckley. She came to my place, and asked me for my sister, who was not at home—she then sat down, and said she had had no victuals, but she had lodged with Mrs. Jones, in Hare-street, and she was going to lodge at Mrs. Sheen's, where she sold her mother's hand of pork for 6d.—I said, "Have you been in the street since?"—she said, no; but she had been, and was going again—about five or six in the evening, she took her boots off, scraped them, and said, "Will you go with me?"—she took them to pawn, and when she was coming out she bought the sprats, and took a shilling out of her mouth and paid for them; and the young man is outside that she bought them of; and she said she had been discharged at Hicks's Hall for stealing a pair of trowsers. Witness. I was at Hicks's Hall, but it was another girl that she knew told me she would give me 1d. to go and take them.
RACHEL GADBURY . My daughter left my house at the time she states, as her father had threatened to beat her for being so long on an errand—she had a pair of new boots on when she left—we missed her till Sunday morning—I searched every where, but could not find her; but Whitton came to my house on Friday night, and asked for Sarah, my eldest daughter, who is fifteen years old—I said, "Have you seen my Caroline?"—she said, "No; I have not"—I said, "If you see her any where, bring her home to me, if it is midnight"—she said she would take her to her sister, on the Sunday—I went to look for her—I found her up a little rookery in King-street, sitting on a stool—I brought her out, and in coming along, she said she had not got her boots—I returned to the house, but the door was fast—it was Whitton's house—the door was forced open by the mob—the three prisoners were there, and a lad—I asked Whitton to deliver up the duplicate of the child's boots—she said she knew nothing of it—these are the boots.
Whitton. Q. Was not you out with me on Monday night when you were in liquor, and afraid to go home, because your husband threatened to beat you? A. No; you got my other daughter to go with you.
JURY. Q. Has Caroline ever left you before? A. No, only at the time she was in trouble.
Woodison. Q. Is it a likely thing that I should wish to get your child away, when you called for a quartern of rum that same Sunday, and paid for it? Witness. My son-in-law called for the quartern of rum, and he gave her some—she turned to speak to me—I said, "I do not want to speak to you"—she said, "I dare say you would like to hear of your
child, and if you will come in the afternoon, I will tell you where she is," and then we went with her.
MARY ANN SMITH . I am the wife of William Smith, and the daughter of the last witness. I was at the Adam and Eve with her, when Woodison and Nuckley came in—Woodison said to me, "Would you wish to hear about your sister?"—I said, "Yes"—she said, "Poor little thing, we picked her up between three and four o'clock this morning"—she said, "She was very wet, and frozen with cold, and we took pity on her, and took her home"—I said she had a good home to go to—Nuckley then said, "Let us tell the truth; she is at my house; we have had her there all the morning; and if you come after dinner, you shall have her"—I said, no time was like the present—we went and found the child—there were forty or fifty people round; and before we got to the door, she owned she had had her ever since Friday night.
EDWARD WOODGATE . I am a shopman to Mr. Sowerby, a pawnbroker, in Brick-lane. These boots were pawned by Caroline Gad bury, for half-a-crown—Woodison came with her—she said they were her own—she is above twelve years old—they are worth 5s. to a wearer—Woodison did not say any thing, but laughed; and as she was going out she made use of a bad expression—the child did not seem to be under her control—she was laughing, and seemed merry—it was between six and eight o'clock.
ROBERT BACKHOUSE (police-constable H 92.) I went to Nuckley's house at half-past eleven o'clock on Sunday morning—the door was broken by the crowd—I there saw the three prisoners together—I asked Caroline to point out which took her boots—she said Woodison—I asked her for the duplicate, and she went to get it, I think from the window cill, and gave it me—she said Caroline pawned them, but she went with her—I took Woodison to the watch-house, and Nuckley followed; it came out that she was in the room when the boots were taken, and I thought proper to detain her—on the day following I took Whitton, by the magistrate's order.
Whitton's Defence. On that Friday morning, Caroline came to my sister when I was out. When I came home, I found her there—I went out between three and four o'clock in the afternoon, and did not return till between six and seven o'clock—they were then all out—I met my sister and them in Brick-lane—I was not in the place when the shoes were taken off.
Woodison's Defence. I was sitting, binding shoes, when Caroline came in, and said she wanted Betsey—she then said she should like to learn shoe-binding—she said she had no home, for she could not stay at home through her brother-in-law—we gave her two nights' lodging, and the officer came and took us—we lost all Friday and Saturday to look for her mother.
Nuckley's Defence. Caroline came and asked for my sister, between one and two o'clock—she went out between six and seven—I went out, and met them—she said she had pawned her boots; and made use of very bad language.
WILLIAM CAPEL . I am a shoemaker, and live at No. 2, Foster's buildings, New Inn-yard. I have known Whitton from her infancy, nearly—last Friday fortnight, she was at my place from half-past three till nearly seven o'clock—I then lived at No. 41, Wheeler-street—she came for a bonnet, which she said she was going to sell—she staid and drank tea with me—Mrs. Evans came up for a pair of shoes, I think between five and six o'clock—there
were only us two there—Whitton frequently comes to ray place, knowing the family so well—I am not married—I live by myself—I was engaged in shoemaking, and she was doing little odds and ends that I wanted done, and she cleaned the place—when Evans came, we were having our tea—Evans did not have tea with us—I did not ask her—I remember it was on that Friday, because when she was taken up shortly afterwards, the charge was so false that it brought it to my recollection—her friends told me of it—I went to the magistrate, but I was not called in—I waited there the whole day—on the second examination, I made several attempts to get in, but was kept out by the officers—I did not tell them my business—I went, through hearing she was taken up, to vindicate her cause—I am not in any way related to her.
COURT to CAROLINE GADBURY. Q. At what time did you tint meet Whitton? A. Between ten and eleven o'clock in the morning, and I went with her to Woodison directly—they went soon after, and bought the pigeon—Whitton returned in about an hour, about one o'clock—they went out about half-past four, and returned about half-past five—they then took the boots off; Woodison and Nuckley went to pawn them—Whitton said she was going to get a bonnet—the last witness is her father-in-law—it is not true that she could have been with him from three or four till seven that day, for she was at home.
MARGARET EVANS . I am a cousin of Capel, but no relation to any of the prisoners. Capel has never passed as any relation to Whitton—I went to Capel's for a pair of shoes of mine, which he had to mend, on Friday fortnight, between five and six o'clock—he was mending a pair of men's shoes, and Whitton was sitting by the fire—I had nothing to eat or drink—I did not see any porter or tea—they were not drinking tea—I did not notice any.
ROBERT URQUHART . Caroline Gadbury came to me last Friday fortnight, and had 4d. worth of sprats—she took a shilling out of her mouth, and paid for them—she said to me, "Look at it; it a'ynt a showfull"—I gave her the change, and they all went away laughing—Woodison and Nuckley were with her—I did not know the others, but I have seen Caroline about.
COURT to CAROLINE GADBURY. Q. Was it you gave the shilling? A. No; they gave it themselves, as soon as they came out of the pawnbroker's—I did not like to go home then, as I had not the boots.
NOT GUILTY .
JOHN THOMPSON . I received these boots, and on Friday morning, the 24th of October, the prisoner, who slept with me, asked me whether they were new legs or old—he wanted me to finish them that night, but I did not—I got up in the morning, to finish them—they were in what we call colour—they were gone after breakfast, and were found at the pawnbroker's.
PATRICK O'BRIEN . The prisoner came to me in a shop in Long-alley, where I was at work, and asked me to draw the lasts of this pair of boots, which I did—I then watched him into the pawnbroker's with them.
Prisoner. Q. If you saw me go in, why did not you give charge of me? A. I could not find a policeman.
Prisoner's Defence. I had not money to pay my landlord, and I went away—I left the man, who had the boots to repair, in the room.
GUILTY . Aged 25.
JOHN CHURCH . I am a silk-dyer, and live at No. 64, Milton-street. On the 11th of December, at half-past six o'clock in the morning, I heard a person go along the passage—I got up, went into the yard, and found the prisoner with this piece of pipe in his left hand, which had been just broken from the wall—he dropped it, and made a push to get by me—I had a scuffle with him in the passage—he ran off, I pursued him, and he was taken by the watchman.
JOHN SMITH . This pipe is my property—I have fitted it to the place where it was taken from—Church lives below, and I up stairs—this piece of pipe was put in the room of one the prisoner stole before.
GUILTY . Aged 25.— Transported for Seven Years.
THOMAS HEMINGWAY . I live with my father, in Cross-street, Back-lane, and am a shoemaker. About a quarter past nine o'clock, on the 4th of December, I saw the prisoner—I knew him, and watched him—he was by Mr. Boyd's shop—I saw him take a piece of bacon off the board inside the window—I told the officer.
Prisoner. I did not take it—I had some tea and sugar in my apron. Witness. He had two small parcels beside the bacon.
Prisoner's Defence. I had been at work all day for my father, and he sent me for tea-and sugar, and other things—I went into this man's shop for some butter—I touched this bacon, and it fell down.
(Sarah Riches gave the prisoner a good character.
GUILTY .* Aged 15.— Transported for Seven Years.
MR. CLARKSON conducted the Prosecution.
RICHARD JAMES . I keep the Cock, at Holloway. I know the prisoner, and have frequently employed him—on the 19th of November, I employed him to carry nine trusses of hay from a little stack in a field, to a shed in my back yard—there were four trusses of hay in the shed before, and they were marked—I went to the shed about five minutes after he had carried the nine trusses in—I found all safe then—that was about half-past five o'clock—I went again at twenty minutes past six o'clock—I then missed one of the marked trusses—they were marked with hay and
straw—I suspected the prisoner, and went to the Plough—I found the prisoner and Sleap there—I found the truss of hay in the stable at the Plough.
Cross-examined by MR. STAMMERS. Q. Are you the proprietor of any stages? A. No; this hay was for my own hones and cattle—these trusses were made up with hay and straw—the hay-binder bound them; but I was at the stack at the time—I had only those four trusses of that hay—they were cut from a stack of mine two or three days previously—I do not swear to the hay, but to the bands.
WILLIAM SLEAP . I am ostler at the Plough. On the 29th of November, the prisoner came about half-past six o'clock—I was in the room over the stable, where I live—he knocked at the door, and asked if I would give him leave to put this truss of hay in the stable while he got a pint of porter—I gave him leave, and then I shut the door and went up stairs—I did not see him again; but Mr. James and my master came to the stable sod found the truss.
Cross-examined. Q. Did you observe any thing particular about the truss? A. No; I have seen trusses made up with straw bands.
RICHARD MARTIN (police-constable M 175.) I took the prisoner on the 29th of November—I told him it was for stealing a truas of hay of Mr. James—he said, "I know better than that; I have been in bed a quarter of an hour"—he was in bed then.
(Thomas King, of the Plough, at Hornsey, and Thomas Benjamin King, gave the prisoner a good character.)
GUILTY . Aged 38.—Recommended to mercy by the Prosecutor and Jury.
Confined Two Months.
THOMAS CLEMENTS . I live in Little Chapel-street, Wardour-streer. On the 3rd of December, I was in Ratcliffe-highway with a friend, in the middle of the street—the prisoner stepped on my heel—he begged my pardon, and said he was in a hurry—I let him pass, and when I got to the top of the street, some one touched me, and I missed my handkerchief—the prisoner was then at the top of the street—I said, "That man has robbed me"—I collared him, and he had it in his hand—he said he had picked it up.
GUILTY . Aged 21.— Transported for Seven Years.
Sixth Jury, before Mr. Sergeant Arabin.
GEORGE JOHN RESTIEAUX (police-constable E 49.) On the night of the 2nd of December I was in High-street, St. Giles's, about half-past twelve o'clock—the prosecutor, James Child, was between the prisoners, in a state of intoxication—I saw Moore draw his hand from the prosecutor's pocket with some money, which fell on the stones—the two prisoners then threw him into the road—Simmonds stopped to pick up the money, and Moore
ran to the prosecutor, and tried to get his watch out of his pocket—I took them both into custody—Simmonds said, "It is all right, that man is my brother." Child stated he had lost half a sovereign and 9s. 6d. in the presence of the prisoners, and he gave his name as James Child—I found this money, which I produce, on Simmonds—there was a scramble, which I suppose was the reason of the rest of the money being lost.
Moore. Q. Can you swear it was my hand that came from his pocket? A. Yes, it was yours, not his own.
JAMES RIDERTON (police-constable E 62.) I saw the scuffle, and heard the money fall—the prisoners shoved the drunken man into the road; and Moore was rifling the waistband of his trowsers—Simmonds went and picked up some money—the prosecutor gave his name as James Child—he is not here.
Moore's Defence. I was going up Cheapside, and met the prosecutor and this prisoner—we drank and got drunk—we then took a cab and went to St. Giles's Church—we got out and fell down, and the officer took us.
Simmonds's Defence. The motley found on me was my own—we all fell down.
JURY to G. J. RESTIEAUX. Q. Could you see him draw his hand from the prosecutor's pocket? A. Yes, distinctly—I was not more than five yards from him—the money fell on the pavement—they then pushed him into the road; and Moore followed him, and tried to get his watch—I found his watch in his boot, and his pocket turned inside out.
(James Ben Sidney, a gun-stock maker, gave Moore a good character.)
MOORE— GUILTY . Aged 20.
SIMMONDS— GUILTY . Aged 18.
Confined Six Months.
265. CHARLOTTE HOLBURT was indicted for stealing, on the 27th of March, 1 watch, value 1l.;1 watch stand, value 6d.; 1 pelisse, value 10s.; 1 shawl, value 10s.; 1 pair of half-boots, value 2s.; the goods of Robert Crudgington, her master.
ROBERT CRUDGINGTON . I live at No. 5, Godfrey-place, Hackney-road. On the 25th of March last we took the prisoner as servant out of Bethnal-green workhouse; and on the 27th, she was set to clean the door and the passage—I saw her there about nine o'clock that morning—she seemed in a confused state, and my little girl was with her—she was hired as a weekly servant, and slept in the house—she went away that day without notice, and I did not see her again till about a fortnight ago—when she was gone, I missed a silver watch and stand, a pelisse, a shawl, and a pair of half-boots, which had been all safe that morning in the front parlour—I am sure the prisoner is the person—I saw her again when she was in custody—she denied having been my servant, or knowing any thing about me, or having been in the workhouse—here is an apron and shawl which she left at my house.
MARY CRUDGINGTON . I am the prosecutor's wife. The prisoner was in our service—I went myself to Bethnal-green workhouse for her—she went by the name of Eliza Smith—I am sure she is the person—she went away on the 27th of March, and we missed the property—I was going to the workhouse that day to settle what I should give her weekly.
and asked where Mr. Crudgington lived—I saw her two or three times, and I believe her to be the girl—I have no doubt in the world about it.
JAMES PEAT . I am lodge-keeper at Bethnal-green workhouse, and was 10 in March. The prisoner was then in the workhouse, and had been there before—I remember Mrs. Crudgington coming there for a girl—the mistress asked me, and I called the prisoner to go, and she went the same day or the next—in a day or two the prosecutor came, and said she had left and robbed him—I am certain the prisoner is the girl—she came in the name of Eliza Smith—I went about for a week to look after her, but could not find her—on the 24th of November I met her in Bethnal-green-road—I passed her, and then turned to look after her, and she was looking after me—I turned, and she crossed the road and looked in at a window—I went and asked her if she knew me—she said, "No"—I asked if she knew Bethnal-green workhouse—she said she never saw a brick of it—I then said I should take her—she said I wanted to take liberties with her—I said, no; but I wanted her on this charge—I took her to the work-house, where she was recognised by twenty or thirty persons—I can swear to her.
FRANCES GROVER . I am a nurse in Bethnal green workhouse. I have known the prisoner very well—she has been in the workhouse three times—she went out to the prosecutor's, and was brought back by Peat in November.
Prisoner. I know nothing of these people—I never was in the work-house till I was taken into custody—they said before the magistrate that they could swear to me by my eyes.
Prisoner. My father lives at No. 6, Ann-street, Bethnal-green—he can prove where I have lived for seven years—his name is Benjamin Holburt.
GUILTY . Aged 17.— Judgment Respited.
MICHAEL DUNN . I am a porter, and live at No. 30, King-street, Golden-square. On the 29th of November I took two £90 and one £10 notes from my house to my banker, No. 9, Regent-street, but the bank was closed—I then went to a public-house in Newport-street, where I had a glass of ale—when I came out, I put my notes, with eight sovereigns, and come silver, into my boot—I then walked round Newport Market into Castle-street—I went into the new beer-shop, and called for a pint of ale—I put my hand into my pocket, where I thought I had a loose 6d., but I had not—I then took my boot off, and the notes fell out first—the prisoner was sitting in the beer-shop—I had seen him once or twice before—he came
towards me, and picked up the parcel which the notes were, in a piece of printed rag, from under the chair—I had put the money in my pocket—I accused the prisoner of robbing me—he denied it, and went and sat by the table again—I went for a policeman, and when I came back the prisoner was gone—it was then about half past nine o'clock—I had been gone ten minutes or a quarter of an hour for the officer—I inquired where he lived—they said, in Tylor's-court—I went there—he was not at home—the people opened the door, and I sat down till half-past twelve o'clock—he then came up the court whistling and singing—I rushed out, took him by the collar, and said, "You are the man that took my notes"—I called to the officer, who took him—in going along he put something to his mouth, and when he got to the station-house, he was chewing my notes—the officer took one £20 note and one £10 note from his mouth.
Cross-examined by MR. PHILLIPS. Q. How long was it since you first saw him? A. About six months—I then saw him in Oxford-street, but was not speaking to him two minutes—my cousin knew him—I do not know No. 19, High-street, Kensington—I never was in that house—I never drank tea with the prisoner any where.
Q. What is the name of your bankers? A. It is No. 9, Regent-street—I cannot recollect the Dame, upon my honour—upon my word I cannot tell—I think it begins with a B—I think it is Hopkins and Barclay—I persist in saying I had never seen the prisoner except once in Oxford-street and that evening—I had not been drinking with him that night—I was not sober—I had had two glasses of ale, but I never touched any of the pint of ale—I had drank two glasses of ale—a glass of ale will make me tipsy sometimes—I was neither drunk nor sober—I called for a pint of ale in the first public-house, and drank two glasses of it—I did not much like it, it was bad—no one went into the second beer-shop with me—I did not leave it with any one—I did not know the officer to whom I gave the prisoner into custody—when I had been to look for the policeman I went into the beer-shop again—I said I had lost £50—I am sure I did not say it was £65—I said I had lost two £20 notes, and one £10 note—I did not say I had lost a £40 and a £10 note.
Q. Did the policeman who went into the beer-shop with you, say that he did not know what to make of your story? A. No: I cannot tell whether I said I would have the house searched, nor whether the policeman said he would not search any body unless I gave somebody in charge.
Q. Did you say that you had taken up your glass and carried it across the room, and asked the prisoner to drink with you? A. I did not—I saw the prisoner take up ray money—I did not say it was tied up—it was folded up in a piece of printed rag—I did not ask the prisoner to drink with me, nor leave the beer-shop with him—there were a great many persons in the shop.
Q. Do you mean to swear deliberately that you and the prisoner did not leave the beer-shop together? A. No, we did not at any time that night—we did not return to the beer-shop together—certainly not.
Q. Did you say, after you came back to the beer-shop, that you had lost some money out of your boot when you were paying for your ale in the beer-shop? A. Certainly, I said I had been robbed of it—I did not say I had lost it—I cannot tell whether any one said I had better fetch a policeman—I cannot bring it to my mind—when I said I was robbed the
prisoner was gone—when I made use of the expression that I had been robbed, I believe the prisoner was in the room—he certainly was there when he robbed me of my money.
COURT. Q. You have said that you said you had been robbed of your money; was the prisoner in the room? A. He was when I was robbed—he was gone when I came back—when he came and took it, he pushed me on one side—I took him by the neck, and said I was robbed.
MR. PHILLIPS. Q. You took him by the neck, and said that loudly? A. Yes; and then he left me and went to his own table—I went for the policeman—I dare say there were thirty or forty persons there—the room was full—I gave an alarm the moment he took the money—I know the numbers of the notes—I went and got them—I am a porter—I was going that night to my bankers, to take these notes—I went at a quarter past four, and then I did not go home—I went round the market to get something for Sunday's dinner—I went to No. 9, Waterloo-place, with the money—they call it Waterloo-place—it is not the Circus—I had put 120l. there-before—I cannot tell the banker's name—I never took notice of the place—I placed it to my own account—it was not my own saving—it was left me by my father—I never took notice of the abstract they gave me—I cannot read—Mr. Holmes, a master-butcher in Silver-street, went with me to put that money there.
PETER SKELLEY (police-constable C 104.) I was on duty on that Saturday night, and heard the cry of "Police," in Princes-street, Soho—I went up—the prosecutor gave the prisoner into my custody, charging him with robbing him of two 20l. notes, and one 10l. note—the prisoner denied it—I took him to the station-house—when we got to the door, I let him in before me—I saw him raise his hand towards his mouth; when I went inside I looked him hard in the face, and saw him move his jaw, and try to swallow something—I seized him, and with the assistance of two men, we wrenched open his mouth with the door-key, and found this £20 and this £10 note in his mouth—these nine sovereigns and a half I found in his pocket.
Cross-examined. Q. You were not in the public-house? A. No; I cannot tell whether the prisoner found the notes, or took them.
MR. PHILLIPS. Q. How do you know then, as you cannot read? A. I got the numbers—I can read the figures, figure by figure—I cannot tell what they stand for—if you give me another note, I can read it figure by figure—(looking at one) this is 3,105—it is 31,705—I did not take notice of the 7 before.
Prisoners Defence. I have known the prosecutor five or six years—he drank tea with me at Kensington, and I have drank tea with him in the kitchen, where he now lives, where the mangle is—his wife was out—he had one child then, and now he has three.
CHARLES FITZGERALD . I am a porter at Shepherd and Son's, in Foster-lane. On the 29th of November, I was in the Horse and Groom beer-shop, in Castle-street, Leicester-square—I went about ten o'clock—I saw the prosecutor there and a policeman of the letter C, No. 150—the prosecutor had his hands to his boots, and said he had lost 65l.—he then said 50l., which was in one £40 and one £10 note—he then said it was two £20, and one £10 note—he was in liquor—the policeman said it was a very curious charge, and he called for a pencil to write down what the prosecutor
said—I remember the prosecutor saying he would have the house searched, and the officer said he would not, as nobody was in charge—the prisoner was not there—the prosecutor said the person he suspected was not there—he said he had taken up his glass, carried it across the room, and asked the prisoner to drink with him.
HENRY CAMPION (police-constable C 150.) On the 29th of November, I went to this beer-shop with the prosecutor—I cannot say that I recollect the last witness—the prosecutor said he had lost £65, and then he said £50, in two £20 and one £10 note—he then said it was £45—I said I did not know what to make of his charge—he said he would have the house searched—I said if he did not give charge of one, I would not search them all—there were, ten persons there, who all said they were very willing to be searched—the prosecutor said he had had a pint of ale, and asked this person and the other to drink with him—I asked him who he suspected—he said he knew his Christian name was Thomas, but he would take me to his lodgings—he took me to a court in Berwick-street—I said, "You go up stairs, and I will wait here, and see that none goes out"—the prosecutor had been drinking—I think he had drank more than one or two glasses of ale—he was half gone.
COURT. Q. Did he appear to know right from wrong, or what he was about? A. Yes.
THOMAS GILL . I keep the beer-shop in Castle-street. I was not aware of this circumstance till the policeman was called in—I told the prosecutor I was sorry he had not told me, as I would have shut the door and let no one go out—he mentioned different sums that he had lost, but I could not mention the sums positively.
(Edward Sider, cabinet-maker, of Speldhurst-street; and Richard Black-more, a tailor, of High-street, Kennington, gave the prisoner a good character.)
GUILTY . Aged 23.— Transported for Seven Years.
267. SARAH ANDERSON and CAROLINE ANDERSON were indicted for stealing, on the 5th of December, 2 sheets, value 8s.; 2 blankets, value 6s.; 1 bolster, value 3s.; 1 pillow, value 1s.; 2 towels, value 6d.; and 1 pillow-case, value 6d.; the goods of Thomas Newton.
THOMAS NEWTON . I live in Suffolk-street, Stepney. On the 4th of November the prisoners hired the top room in my house, at 3s. 6d. a-week, it was furnished—on the 5th of December they left me without notice, but I had spoken to them about going before—on the morning of the 6th of December I went into the room and missed this property, and that evening they were taken.
they were in distress—we supplied them with food and fire, and got them work—I was bound in a bond for them.
S. ANDERSON— GUILTY .—Aged 25.
C. ANDERSON— GUILTY .—Aged 21.
Recommended to mercy.— Confined Six Weeks.
MARY ANN CURBY . I am the wife of Joseph Carby, publican. The prisoner had been our pot-boy for five weeks—I missed these handkerchiefs about'a fortnight before—I found them in the prisoner's box, which was open, and this breast-pin was in the waistcoat that he had on—he took the handkerchiefs from a box which, stood in his room—I believe I locked it the last time I was there—I found it open, but the lock was locked.
JOSEPH CURBY . I called the prisoner up and accused him of having the handkerchiefs in his possession—he denied it—I then took one of them out of his box—he said he had found that in a privy—I asked if he had any more—he said no—I then took the other out, and he said he had found that in his room five months before—he denied having the pin—the policeman was called, and he found the pin inside his waistcoat.
Prisoner's Defence. I found the black handkerchief before they came to the house—I had it washed, and wore it—the other I found in my room—I found the pin in the passage—I had a pair of trowsers to brush—I found £80 in them, and, I took it down to my master.
NOT GUILTY .
269. CLEMENT BEARD was indicted for stealing, on the 10th of December, 491bs. of brass, value 49s.; and 127lbs. of iron, value 5s.; the goods of the West India Dock Company, upon a certain quay adjacent to a navigable river.
JOHN FOY . I superintend the police at the West India Dock. On the 10th of December, a quantity of machines were deposited on the south quay, export dock, to be shipped for India—I examined them on the following morning, and the brass that had been attached to two of the parts had been detached, and carried some distance towards the wall, in a more secret place—it was the property of the West India Dock Company—the prisoner works occasionally for the riggers—it is a quay adjacent to the river Thames.
CHARLES KNIGHT . I am a day watchman. I was on duty at half-past six o'clock—I heard a knocking, and went to the place where these machines were—I saw the prisoner employed in forcing the brass off—he turned and law me, and walked off—I went and met him—he dropped something from his hand—he had removed this brass and iron from the machines—he said he belonged to a ship, which I knew he did not.
Prisoner's Defence. I had been sitting on the timber with a lad—he told me to wait while he went on board a ship—I then went towards these machines, and as I came back I met the witness—he asked where I had
been—I told him—he took me round the place, and saw these things—he then had me searched, and gave me in charge.
GUILTY . Aged 17.— Transported for Seven Years.
THOMAS TINGAY . I am a cabinet and chair-maker. On the 6th of December I had a pair of boots of mine in a rush-basket—I went into the Crown and Sceptre public-house, in Titchbourn-street—I put down my basket, and when I took it up again to go, the boots were gone—I inquired who had seen them—I heard the officer had a pair—I went, and saw they were mine.
FREDERICK SHAW (police-constable E 114.) I saw the prisoner come out of that public-house at the corner of Foley-street, with something under his arm—I followed him, and asked what he had got—he said a pair of boots—I took them back, and the prosecutor claimed them.
GUILTY . Aged 20.— Confined Six Weeks.
OLD COURT, Thursday, December 18th.
Second Jury, before Mr. Sergeant Arabin.
271. JANE HOLLINGSWORTH was indicted for stealing, on the 2nd of December, 1 bed, value 15s.; 1 bolster, value 5s.; 1 chair, value 4s.; 1 quilt, value 2s.; 1 blanket, value 2s.; 2 sheets, value 3s.; 1 flat-iron, value 4d.; the goods of Anne Phelps.
ANNE PHELPS . I am a widow, and live in Charterhouse-lane. I let the prisoner my front parlour, on the 13th of November, at 5s. a week—I gave her notice, and she left the day before the notice expired—she did not owe any rent, except for that week—I went into her room, and missed these articles.
Cross-examined by MR. PHILLIPS. Q. Whether she meant to return again you cannot tell? A. No—we were on very friendly terms—I assisted her when she was in distress—she has at times lent me things—I have not pawned articles for her—I never knew any thing had been pawned till Delany told me of it—that was the reason I went into the room—I was willing to take the property by weekly instalments, if she would have come to terms about it—I do not mean to say she meant to steal any thing.
COURT. Q. Had she authority to pawn your property? A. Not at all—I had not the least idea of it—I believe she has been led into this by a bad husband.
Cross-examined. Q. There was no concealment about it? A. No—I knew her well—I objected to take the bed, but she said she meant to redeem it.
Cross-examined. Q. Was any body with her? A. A woman named Delany came and told me the prisoner was charged with felony—I took her, and the prosecutrix said she mast go before a magistrate.
(George Day, tailor, of Bowling-green-lane, gave the prisoner a good character.)
GUILTY . Aged 27.—Recommended to mercy.— Confined One Month.
SAMUEL MARSTON . I live in St. John-street, and am a cooper. On the 12th of December, between six and seven o'clock, this stool was at the door, and the basket on the bench—the prisoner took them up, and went away with them—I followed and took him, twenty or thirty yards from the house—he was quite a stranger to me.
(Property produced and sworn to.)
Prisoner. He said at the office that the basket was in the shop, and the stool outside. Witness. It was outside.
RICHARD BAYLIS . I am an officer of Hatton-garden. I have a certificate of the prisoner's former conviction (read)—I remember the trial—the prisoner was the person convicted—I was a witness against him, and am positive of him.
GUILTY .* Aged 20.— Transported for Fourteen Years.
273. MARY ANN PANTONY was indicted for stealing, on the 5th of November, 2 gowns, value 12s.; 5 napkins, value 3s.; 1 sheet, value 1s.; 2 aprons, value, 1s.; 1 handkerchief, value 6d.; the goods of Maria Slape.
MARIA SLAPE . I am single, and have lived servant to Mr. Thomas for two years. The prisoner was a char-woman there—on the 25th of October, I went into the hospital, and was there five weeks—I came out in November—I had left my clothes all safe in my box, but it was not locked—on returning home I found every thing gone out of my box—I missed all the articles stated in the indictment—the prisoner took my place during my absence.
(Property produced and sworn to.)
Prisoner. I throw myself on the mercy of the Court—I was very much distressed.
GUILTY . Aged 49.— Transported for Seven Years.
JOSEPH BENNETT HANSON . I am shopman to William Rotherham, of Shoreditch. On the 9th of December, about seven o'clock in the evening, the prosecutor came to my shop in his chaise, which remained at the door—I observed the prisoner standing behind the chaise—I saw him take a cloak from it, and run off with it—I immediately pursued, and caught hold of the cloak—he let go of it, and ran off—I pursued, crying "Stop thief," and the policeman stopped him in my presence—I am quite certain he is the man.
Cross-examined by MR. PHILLIPS. Q. Did you lose sight of him? A. No; it was after daylight had gone—he was about a dozen yards from me—he did not turn any corner—the prosecutor was in the shop.
(Thomas Brice, weaver, Waterloo-street, Haggerston, gave the prisoner a good character.)
GUILTY . Aged 22.— Transported for Seven Years.
Before Mr. Justice Littledale.
HESTER MOAD . I am the wife of Thomas Moad, and live in Green-bank, St. George's East. The prisoner lodged eleven weeks at my house—James Moore, who is now at sea, lodged with me for seven years, and left a jacket and waistcoat at my house—I was to take care of them for him—I missed them last Wednesday from a chest which has no lock to it—it was in the room the prisoner slept in—I had seen them the week before—in consequence of information, I sent my husband after the prisoner on Saturday evening—he did not sleep at my house every night.
Cross-examined by MR. PHILLIPS. Q. Is your husband here? A. No—the prisoner was a returned sailor from Don Pedro's service.
Q. Did not your husband get a power of attorney to draw the prisoner's ship money, to the amount of 90l.? A. I have seen it, but do not know any thing about it—I have known the prisoner fourteen or fifteen years—he bore an honest character—Moore lived in my house eleven weeks—he was waiting for his vessel, in which he was mate, and the prisoner was eleven weeks in my house—Moore and the prisoner were not acquainted—he left before the prisoner came home—he never lodged in my house before—my husband and he were acquainted—my husband did not give him leave to wear the things—my husband might have been here, but he is not a witness—the paper is in our own house now—he has got no money for it—he had the order to get the money, but not for himself.
WILLIAM WARD . I am a pawnbroker, and live in Ratchiff-highway. I have a waistcoat and jacket which were pawned by Sarah Holland, in the name of Ann Holland—I knew her before by the name of Ann, but she swore, at the office, her name was Sarah—the waistcoat was pawned on the 9th of December, and the jacket on the 10th.
Cross-examined. Q. Had you known her long? A. About two years—she was frequently at my place, and always gave her name as Ann.
—the prisoner was in the habit of coining to my house for eight weeks, backwards and forwards, to see a young female, who lodged at my house—he brought me a waistcoat on Tuesday week last, to get money on it—I pawned it for 3s. at Ward's, and gave the prisoner the money; and next day he brought me a jacket, which I pawned at Ward's, for 5s., and gave him the money—when he brought the things to me, I asked if they were his own—he said, "Yes," they belonged to him; and on the first of the month he would get them out again, as he should have some money.
Cross-examined. Q. Were you acquainted with Mr. Moore? A. No—I was not very intimate with the prisoner—the pawnbroker's is two or three minutes' walk from my house—he said he should get his money from Don Pedro—my little girl often pawned at the pawnbroker's, and her name is Ann—I never put my name down as Ann, but I believe he always put Ann on my duplicates—I did not give the name of Ann—I contradicted that at the office—I have pawned things with him; and I swear I gave the name of Sarah—my little girl is twelve years old—Moore was never at my house—the prisoner did not desire me to conceal it.
Cross-examined. Q. Moad was the person who gave him into custody? A. Yes—he is not here—I know nothing of his getting an order for 90l. from him—he was at the police-office.
MRS. HOLLAND re-examined. These are the things I pawned with Ward, and received from the prisoner—I only know them by the buttons, and the sleeves being lined with velvet.
MRS. MOAD re-examined. This jacket and waistcoat belong to Moore—the name is on the waistcoat—they are what were kept in the chest, and what I missed last Wednesday week—his name is on them in full.
Prisoner's Defence. The' prosecutor gave me the clothes to do what I liked with, on account of 90l. I had advanced him.
NOT GUILTY .
There was another indictment against the prisoner for stealing a jacket, upon which no evidence was offered.
Before Mr. Justice Littledale.
276. JAMES ADAMS was indicted for burglariously breaking and entering the dwelling-house of James Cox, about one o'clock in the night of the 16th of July, with intent to steal, and stealing therein 1 pair of trowsers, value 2s.; 1 gown, value 7s.; 3 pairs of stockings, value 3s.; 1 shift, value 2s.; 1 handkerchief, value 3s.; 1 snuff-box, value 6d.; ¾ of a yard of kerseymere, value 3s.; 1 half-crown, and the sum of 6d. in copper monies, his property; and 1 pair of boots, value 13s.; 1 pair of trowsers, value 4s.; 2 handkerchiefs, value 5s.; 1 smock-frock, value 9s.; and 1 waistcoat, value 7s.; the goods of Charles Cox.
ELIZA COX . I am the wife of James Cox, and live at No. 30, Great St. Andrew-street, now. In July last we lived at No. 5, Maynard-street, St. Giles'-in-the-Fields—we rented one furnished room there—Mr. Corvin was the landlord—he is dead now—he did not live in the house—it was let out to different lodgers—the landlord neither slept there nor took his meals there—there were five different lodgers in the house—we paid 3s. 6d. a week for the room—on the 16th of July last, I went out with my husband, at eleven o'clock at night—I locked the door myself, and put the key into my pocket—my husband contracts for dung—I returned about half-past
four o'clock in the morning—it was daylight then—I found a fork standing by the door, and the hasp and the lock hung on the door—the door was broken open, and a box, which these things were in, was broken open—a dung-fork, with three prongs, stood outside the door—it belonged to a man named Crook, a carter—I ran down stairs, and asked a man to come up stairs with me, fearing somebody was in the room—the door was shut, but the hasp and the lock hung on the door—it is a padlock—it was not in the state I left it—I looked about the room, and missed a pair of boots of my husband's brother's, a smock-frock, and a pair of trowsers—a man had gone up stairs with me—I found the lock of a box in the room broken, and missed a new gown of mine, a waistcoat-piece, two silk handkerchiefs, a cotton one, three pairs of stockings, a shift, snuff-box, half-a-crown piece, 3s. in money, 6d. in farthings, all belonging to my husband and myself—I also missed a new pair of trowsers, a smock-frock, a pair of boots, a sleeve-waistcoat of my brother-in-law's, Charles Cox—all his things hung up in the room, except the smock-frock, which was in the box with our property, which was all safe when we went out—I returned before my husband—I left the pitch-fork where it was till he came home—I fetched him as soon as I missed the things—I have seen a pair of trowsers found on the prisoner, but none of the other things since—he was apprehended last Tuesday week—we could not find him before—we heard several times that he was gone down "hopping"—I know the trowsers again.
JAMES COX . I am the husband of Eliza Cox. I have known the prisoner four or five years—on the 16th of July I had employed him to go to Covent-garden market to bring some waggons up to the mews, where I buy dung, for me to load them—I do that every night—he went out of my room about ten o'clock, with my brother, Charles Cox, down to the market—I followed them an hour afterwards, and delivered the dung-fork to the prisoner to take to the market, to give it to a man named James Crook, who I had borrowed it of—I was to have seen the prisoner again that night—he brought a waggon up to me to load, and left me about one o'clock in the morning, in Chenis-mews—I sent him down into the market to bring me up another empty waggon, and the waggon was waiting for him, but I did not see him again—my wife fetched me about five o'clock in the morning—my dung-fork stood against the door—it was the same dung-fork which I had delivered to him—I was walking round to load my dung-cart last Tuesday week, and tapped the prisoner on the shoulder, in John-street, Berkeley-square—(I had been looking for him in the mean time—I had heard of him, but could not find him—if nothing had occurred, he was to have worked for me on the following day—I hired him by the week)—I told him he was the man I wanted to see—my brother minded him while I got a policeman to Cake him—he was given in charge—as we came along in Berkeley-square I saw that he had my trowsers on—I knew them, again.—I had seen them last on the 16th of July—I told him they were my trowsers—he held his head down and made me no answer.
Prisoner. He is not married to that woman. Witness. I am.
Prisoner. He says the waggon was waiting for me in Covent-garden—when I went down there was no waggon there—they often did not come when expected. Witness. The waggon went home empty, which he was to load—it was Newman's—I never heard him say the trowsers were not mine—I never told a person I would have a revenge on him—I have been in the House of Correction for begging.
WILLIAM EVANS . I am a policeman. I received charge, of the prisoner last Tuesday week, in John-street, Berkeley-square—I took him to the office—he had a pair of trowsers on, which Cox claimed—the prisoner said they were his own—I took them off at Marl borough-street office—I have had them ever since—these are them—I have a dung-fork, which the prosecutor, James Cox, gave to me last Tuesday week, at No. 30, St. Andrew's-street, where he lived then.
JAMES COX re-examined. I delivered this pitchfork to Evans—it is the one I delivered to the prisoner to take to Crook—I know it by a notch in the handle—I know it well—I cut the notch in it myself before the robbery.
JURY. Q. Do you mark any of your forks the same way? A. No, I never put the same sort of mark as this—I know this is the fork—I took care of it from the time I found it at the room door till I gave it to Evans—I know these trowsers to be mine, by a bit put in here, and another bit by the side—I had seen them the day they were taken—I had seen them in my box that night, when I went to it for some money.
MRS. COX re-examined. I know this is the dung-fork I found at the door—the trowsers I know to be my husband's, by a patch I put in, because they were not big enough—I saw them about an hour before I went out that night—they were in the room.
Prisoner's Defence. I had to take the fork to Covent-garden, but the waggon not being there, I returned with it—I took the fork down several times, but the owner was not there—I returned and put it in the passage—the street door of the house was never closed—they used to allow such company, it was a disgrace to society—men and women reeling about—as to the property, I know nothing of it.
NOT GUILTY .
Before Mr. Justice Littledale.
277. EDWARD JONES was indicted for burglariously breaking and entering the dwelling-house of William Camp, about the hour of five o'clock in the night of the 13th of December, at Stepney, and stealing therein 8 shoes, value 16s.; and 1 half-boot, value 1s.; his goods.
WILLIAM CAMP . I occupy a house in the parish of Stepney. I do not know any other name to the parish—I am a shoemaker, and my shop is part of the dwelling-house—I keep shoes in my shop window—last Saturday evening I shut my front door, and went up stain about five minutes after five o'clock—I had seen these shoes safe in the window five minutes before—I left my daughter in the back parlour—she is between eleven and twelve years old—the shop window was left unfastened—it is a sash window—it was down at the time I went up stairs, but not fastened—I had hardly got to the top of the stairs before my daughter called me—I went down stairs and found the window sash shoved up about four inches—there was a vacant apace in the window—I hardly knew, at the time, what I had lost—I examined, and missed three pair of shoes, two odd shoes, and one odd boot—I have seen them since, at Lambeth-street—I found the sash completely down when I lighted the candle, about a quarter before five o'clock—it was quite dark then—I could not see a person's countenance independent of the gas-light.
Prisoner. He said at the office that he saw me lurking about the shop window. Witness. I never saw him: he was quite a stranger to me.
Saturday evening—I only know the parish as Stepney—I do not know any other name which it has—I was there between five and six o'clock, and saw the prisoner and two more in the field—I suspected that something was wrong, and watched them—I saw them go to a corner of the field—I ran and watched them, and saw one of them come out of the field into the street—the prisoner came out second—they went towards a broker's shop—a young man outside said to him, "Go on, go on"—I ran and laid hold of him, and asked what he had got—I put my hand down to the bundle—he said, "Shoes," and let them fall—I took him to the station-house, and kept the bundle which I had taken up—he said he had got the shoes from another man to hold, and that they were going to sell them—I neither threatened nor made him any promise—he said the other man was a shoemaker, and he himself was a shoemaker—I produce the bundle of shoes, which I have had ever since.
Prisoner. I did not drop them; he knocked them out of my hand. Witness. I did not; I put my hand down to feel the bundle, and he let them fall—I asked him what he had got, and he said, "These shoes," letting them fall.
COURT. Q. Did your taking hold of him make them fall out of his hand? A. I only touched them, and they dropped immediately—my feeling them would not cause them to fall.
(Property produced and sworn to.)
Prisoner's Defence. I met a young chap, a shoemaker; he said he was going to sell some shoes—I said I would go with him; and crossing Stepney-fields I was waiting for him, just by a broker's shop, when the policeman collared me, and asked what I had got—I said, "Shoes."
GUILTY of Stealing only. Aged 19.— Confined for Six Months.
Third Jury, before Mr. Sergeant Arabin.
278. WILLIAM JOHNSON was indicted > for feloniously assaulting William Johnston Jackson, on the 11th of November, and putting him in fear, and stealing from his person and against his will, 2 shillings, 3 sixpences, 3 pennies, and 3 halfpence, the monies of Richard Everard.
WILLIAM JOHNSTON JACKSON . I am errand-boy to Richard Everard, a butcher, living in Waterloo-terrace, Commercial-road. On the 11th of November the prisoner came to master's shop—I did not know him before—he said, "If you please will you take 1 1/2 lbs. of mutton chops, and change for a five-shilling piece to No. 7, York-street, West?"—my master sent me with the chops, and two shillings, three sixpences, three penny pieces, and three halfpence—I got to York-street, knocked at the door, and nobody there wanted chops—I was coming away, and turned into White Horse-street—I saw the prisoner—he said, "You have not taken them chops"—I said, "No, Sir, I can not find the place"—(I knew him to be the person who ordered them)—he said, "Oh, you have made a mistake as to No. 8; but give me the change, I want to get some beer"—I said, "No, Sir; I shall take the change where I take the chops"—he said, "But I want to get some beer"—I said, "Then they can give you change where you get the beer"—he said, "No; they cannot give me change"—I said, "They can always give change at a public-house"—he then took the money out of my hand—I had it in my hand—I was not holding it tight—he took it suddenly from me, there was no struggle for it
—I was not aware of it—he put a bad five-shilling-piece into my tray—I took it up, looked at it, and said, "It is a bad one"—he turned away directly—I said, "It is a bad one"—he said, "No, it ay'nt"—I went to a public-house at the corner, and they looked at it—the prisoner went away with the change—I kept the five-shilling-piece, and left my chops at the beer-shop—I went to look for him, and almost directly saw him at Mr. Burton's railing, a good way off—I did not speak to him—I called, "Stop thief," but nobody was there—I saw no more of him till he was in custoday, a fortnight afterwards—I swear positively to him—I gave the crown-piece to mistress, and master chopped it in halves next morning.
ANN EVERARD . I am the wife of Richard Everard. The prisoner came to the shop—the boy's statement is perfectly correct—I sent him with the change and chops—he brought back a bad five-shilling piece, which I gave my husband when he came home—he put it on the mantel-piece till next morning—the boy gave it to the officer in my presence—my husband chopped it in two in my presence.
GEORGE EDWARD AUSTIN . I am a cheesemonger. The prisoner came to my shop on the 21st of November, and bought two rashers of pork, which came to 2 1/2 d.—he offered me a bad shilling—I asked where he lived—he said in Punderson's-gardens, Bethnal-green—I had him apprehended for passing bad money.
Prisoner's Defence. I know nothing of them.
SAMUEL BYROM . I am a broad silk wearer, and work for Messrs. Haynes and Davis, of Trump-street. I have known the prisoner twelve months—I cannot tell how he gets his living—I could take my oath, if I was on my death-bed, that he is not guilty of "robbing the mutton chops"—he was in my company till three o'clock on the 11th of November—I took home my work that day—master told me to come after more—I went into the Ship in Brick-lane, and saw the prisoner there at half-past ten o'clock in the morning, and staid there till three o'clock in the afternoon, and never missed the prisoner out of my sigh——he was in the tap-room—it was on Tuesday, the 11th of November—I was there from half-post ten till five o'clock, drinking there—I had nothing to do—I went out to have a bit of dinner at the cook-shop—I was gone from about half-past one till half-past two o'clock—I am sure I returned at half-past two o'clock—I believe the prisoner was there then—I cannot swear it positively—I do not remamber missing him out of my sight—I cannot say where he went while I went to get ray dinner—I will not swear he was there when I returned at half-past two o'clock—I knew him, but I was not acquainted with him to go drinking with him—I will swear he was there after I came back from my dinner—I cannot say positively I noticed him when I came in—I cannot say whether he was there or not—I went on the 29th of November to the same house, it being close to my own home—I heard them talking about somebody being in trouble—I inquired who it was—they said a young man that used to wear a brown coat—I said, "I saw him in here that day, and he was here pretty well till dark—I left him here when I went to have dinner"—I went before the magistrate—I do not know a bad shilling, if I had one—I never heard of his being in custody as a smasker.
WILLIAM JOHNSTON JACKSON Cross-examined by MR. PHILLIPS. Q. How long was the prisoner talking to you in the street? A. I suppose about five minutes—the change was in my hand, not in the tray—he put the five-shilling-piece into the tray—when I looked at it to see if it was good, the prisoner turned away—he took the change from me—I was rather flurried—I had not seen the man before he ordered the chops—I know him by his dress and features, his coat and handkerchief—his coat was black—it was a buff handkerchief, not spotted—he had a frock coat and a velvet collar.
MRS. EVERARD re-examined. I was at home when the chops were ordered—I am certain the prisoner is the person—the chops went out between three and four o'clock.
Cross-examined. Q. Had you seen him before? A. Never—he did not come into the shop—he came up the steps of my shop, which goes up four steps—I had no other customers—I cut the chops off, and sent the boy off with them—my opportunity of seeing him was very slight—I sat in my back parlour at work—I have not a green blind over my window—my child was in the cradle—hearing him, I looked up.
(Robert Pickroe, builder, Poppins-court, Fleet-street, appeared to give the prisoner a good character, but acknowledged he had heard he was an utterer of base coin.)
GUILTY of stealing from the person only. Aged 21.— Transported for Fourteen Years.
279. JULIA HAYES was indicted for feloniously breaking and entering the dwelling-house of Thomas Robinson, on the 5th of December, at St. James, Clerkenwell, and stealing therein 1 brooch, value 30s.; 1 ring, value 1l.;1 necklace, value 30s.; 180 penny-pieces; and 480 halfpence; the goods and monies of Thomas Robinson, her master; and that she had before been convicted of felony; and CATHERINE WOOLAHAN and ANN MAHER were indicted for feloniously receiving, on the same day, at the same parish, 1 brooch, 1 ring, and 1 necklace, part of the said goods, well knowing them to have been stolen.—Another COUNT, for receiving the same of a certain evil-disposed person.
THOMAS ROBINSON . I keep the Ben Johnson public-house, in Great Bath-street, St. James, Clerkenwell. The prisoner, Hayes, had been one week in my service—I know nothing of the other women—I went out on Friday, the 5th of December, about two o'clock in the daytime, leaving my wife and Hayes at home—I returned between four and five o'clock—the property stated in the indictment was kept in my bed-room—when I came home, I heard from my wife that the door had been broken open, but I did not go up stairs myself—there is a closet in the room, which has merely a button on it—I had nine parcels of 5s. each, in copper, most of which were packed up by me—I can swear to my own packing—I had left a brooch and necklace on my wife's dressing-table—I had not been in the bed-room since a quarter past nine in the morning—they were there then—I had the prisoner taken up—nothing was found on her—Woolahan was taken up the same morning—I was present when a brooch and necklace were found in her house in a bag, at the head of a cradle—the bag was not mine—I do not know whose lodging it is myself, but she was in the room.
Cross-examined by MR. PHILLIPS. Q. Is yours a night-house? A. It is not much of a day-house—I do not exactly keep it as a night-house
—I keep open till two or half-past two o'clock—it is a regular house—I have not permission to keep it open, but if neighbours come and knock for beer I serve them—I let in customers till two o'clock in the morning—I know that eleven o'clock is the hour to close, but I always understood if any body came for any thing, if your house is quiet and comfortable, you can serve them, if neighbours come—I have' kept the house six months—my wife is near lying in—she went out on Monday, the 1st of November, to buy some articles, about eleven o'clock—I saw Hayes several times passing and repassing while she was out—I will take my oath I did not speak to her—I know what she stated at Hatton-garden, which is infamous—that I took improper liberties with her—I never did so—it is false—I did not go up into her bed-room one morning, to ask her if there had been any men there overnight—I had a cold, and had some warm water brought up to my bed-room door to me one morning—Hayes brought it to the door when I was in bed—I did not take it in from her—I went to sleep for a few minutes after she left the water at the door, and never saw her till I went down stairs—she said, "Here is your water, Sir," and knocked at the door—that was before twelve o'clock in the morning—I was not well—I got up to business—I got up soon after I soaked my feet—either she or my wife brought my shaving water every morning—I swear I never saw her in my room.
Q. Did she not make this charge against you before? A. She was obliged to say something, and those very words she said at Hatton-garden—I will swear I did not give her the brooch—I never took any liberties with her in my life, or with any other female since I hare been in that house, which is six months—I was down in the cellar one day, and called to my wife to tell Mary, which is the name we knew Hayes by, to bring a pail—I never heard her name was Julia till now—I took the pail of her at the foot of the stairs—she did not come down to the cellar to me to fetch the pail from me—she brought it to me, and she went straight away again back to the bar, and my wife will tell you the same—I was putting on a fresh butt of beer—I remember telling her on the Friday following, when I went out to the Bank, to keep the kitchen door locked—I did not mention any thing about an apartment while my wife was confined—the key of the bed-room hangs up in the bar, on a brass hook—any body can have access to it—very few persons frequent the house from ten till two o'clock in the morning, except neighbours.
ELIZABETH ROBINSON . I have been married eight months. Hayes lived with us for one week as servant—on Friday, the 5th of December, my husband went out—the money was in the cupboard, and the other property on the table in the bed-room—I saw them secure at about eight o'clock on Friday morning—I locked the bed-room door, and hung the key up in the bar at eight o'clock—I went to the room again about two o'clock in the afternoon—Mary was at home then—I found the door locked—I unlocked the door and locked it again—I missed nothing then, but I cannot say whether it was gone—I hung the key in the bar, in the usual way—I did not go to the room again till I went to bed, which was between four and five o'clock in the morning—I then found the lock broken off the door, and the wood work broken away—I went in, and missed all the property front the table and out of the cupboard—Mary knew where the key hung—I missed all the property stated in the indictmeut—an officer was sent for at half-past ten o'clock on Saturday morning—business prevented our sending
earlier—he came about eleven o'clock—Mary's box was searched, and no property was found in it, but a five-shilling paper of halfpence was found behind her bedstead—a pair of stockings were found in her box—nothing more was found in our house—I knew the paper of coppers to be one that had been in the bed-room, by my husband's tying up—we never give those halfpence to the brewers—Mary went out on Friday afternoon unknown to me, about three or half-past three o'clock, and returned about four o'clock.
Cross-examined. Q. When did you see the bed-room safe? A. About two o'clock—I did not go up stairs after that—I did not go to my bed-room from two o'clock till between four and five o'clock—Mr. Robinson did not—I believe nobody did but Hayes—I know she went up after—I cannot say how often—I found the lock of the door open—she had access to the key when she wanted to go into the room—she went up for no purpose but making the bed and doing her household work—she has confessed that she broke open the door—my business keeps me up till four or five o'clock—it kept us up that night, but the doors were not open—they were open and shut occasionally—that is the custom of the house—it is called a night-house—we are in the habit of having it open till four or five o'clock sometimes, but very seldom.
Q. How happened it, if you thought your property had been stolen, that you omitted sending for an officer for five hours and a half? A. It was such a time in the morning to send for an officer—we thought we would leave it till the following morning—we were engaged with the brewers, who came with the porter that morning—I remember Hayes taking up some warm water to my husband—I cannot say what morning it was—she went by the name of Mary—I do not remember her going into the club-room, and not finding the pail, or going down into the cellar, to 'Mr. Robinson, for it—I do not remember his calling to me to send the pail down by her—about nine o'clock on Saturday morning, I asked her if she had seen the brooch, or ring, which I had left on the table—she told me, "No."
JAMES DAVIS . I am a policeman. On Saturday, the 6th of November, about eleven o'clock, I was applied to, and went to Mr. Robinson's house—the prisoner was called up from the kitchen to me, and I questioned her if she knew any thing about the things—she said, "No"—I then told her she was a prisoner, and sent her into the bar for her mistress to search her—a letter dropped from her, which excited my suspicions—I went and searched her room—I could not find any thing—she came down and went into the bar with her mistress again—I was going to take her to the station-house, when she told me, if I would go up stairs again, 5s. of the copper was behind her bedstead, and that she had given the brooch, necklace, and ring, to a woman, named Woolahan—I went with her up to her room, and found the 5s. paper of copper behind the bedstead—I took her to the station-house, and went to No. 12, Wilson-place, Wilson-street, and questioned Woolahan about a parcel being given to her by Julia Hayes—she denied all knowledge of it—she afterwards said a necklace bad been given to her by Julia Hayes, overnight—she said she had given her a parcel, containing the necklace, and the prisoner Maher brought me a bag containing the necklace and brooch—I brought them both to the station-house—I searched Maher—she said she would tell me the truth, that the ring was hid in the cradle—I went back with her to the house, and she turned the ring out from among some shavings—I produce the property.
Cross-examined. Q. Julia Hayes told you you would find the copper behind the bedstead? A. Yes; several people were present—Mr. Robinson was.
Hayes's Defence. When I entered the service on Saturday night, Mrs. Robinson gave me a candle, and told me to go to bed, and between two and three o'clock in the morning, two men came into my room—I asked what they wanted—they laughed, and went out—next morning, master asked if two men had not come into my room—I said, "Yes"—ever since that he has been at me, and making me promises; and on this morning he told me I might have every thing I wished for; and as soon as mistress was confined, he would make me comfortable, and buy me new clothes—I said I had new clothes, but they were in pawn—he opened the cupboard door, and told me to take out what would redeem them—he had hold of my hand, but he heard footsteps coming up, and he let go—I had hold of the door, and a screw came out—he told me not to tell mistress, but whatever I wanted, I should have—he gave me all the things—he gave me the brooch into my hand—I took them to my mother's—she told me to ask mistress's leave to go out, and I had the things which he told me to take—I had given them, wrapped up, to Mrs. Woolahan, but she did not know what was in the parcel—he made me promises every day, and when mistress went out, he told me not to toll her, but he would make me comfortable, and buy me new things—he told me to take the money out of the cupboard.
Woolahan's Defence. I took the things when she gave them to me, and left them in the bag till the policeman came—I then told this woman to hand me a bag, and the policeman took it out of her hands before she gave it to me.
HAYES— GUILTY of stealing to the value of 99s.; she having been before convicted. Aged 23.— Transported for life.
NOT GUILTY .
280. MARGARET MORAN was indicted for stealing, on the 10th of December, at St. Pancras, 1 watch, value 4l. 10s.; 3 rings, value 10l.; 1 bracelet, value 7l.;2 brooches, value 4l.; and 1 bowl, value 2l. 10s.; the goods of John Shepherd, her master, in his dwelling-house.
JOHN SHEPHERD . I live at No. 34, Mornington-place, Hampstead-road, St. Pancras, and am a jeweller. I took the prisoner out of St. Giles's workhouse to assist my other servants—she was about a month with me—I believe Mrs. Shepherd intended to take her as an apprentice—she came on liking—she absconded on Wednesday, the 10th of December, and in about twenty minutes after she was gone, I missed a watch, worth 4l. 10s.; three rings, worth 10l.; a bracelet, worth 7l.;2 brooches worth 4l.; and one bowl, worth 2l. 10s.; the total value would be 28l.—I immediately told the policeman, and she was taken into custody on Friday
evening—I have recovered three rings and the watch—I have lost about 14l. worth entirely.
WILLIAM SPENCER . I am shopman to Mr. Cassiday, a pawnbroker, living in Warren-place, Camden-town. I have a gold watch and ring—the ring was pawned on Wednesday morning, the 10th of December, and the watch in the afternoon between four and five o'clock, by the prisoner—I asked who she brought it from; she said her aunt—I asked her to send her aunt, but the aunt never came—I kept the watch, and could not find out the place she gave as her direction—I lent her no money on it—I did not take in the first pledge.
EDWARD LAMBERT . About half-past two o'clock on Friday, Gardiner, the pawnbroker, brought the prisoner to the watch-house, saying she had offered to pawn some shoes, which he had stopped; and that she had offered two rings before—I found out her master, but found no property on her.
(Property produced and sworn to.)
Prisoner. It is the first time—I hope you will forgive me.
(—Pusey, the prisoner's aunt, and Thomas Moran, her brother, deposed to her previous good character.)
GUILTY . Aged 12.—Recommended to mercy by the Prosecutor and Jury,
on account of her youth.— Transported for Life.
NEW COURT.—Thursday, December 18th.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 24.— Confined Six Months.
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 17.— Confined Five Days.
JOHN ELLIOTT . I am a pawnbroker, and live in Kingsland-road. On the 11th of December, the prisoner came to my shop, and offered this sheet to pledge—I saw it was a very fine one, and asked whose it was—he said his mother's, who took in washing, and had sent him with it—I then examined it, and saw a mark partly picked out—I asked him again whose it was—he said it belonged to a man in a baragen frock, at the Cherry-tree—I left him in care of a person, and went to look for the man he described, but could not find any one.
washing—she had this sheet to wash, and it was hung out to dry—I saw it safe at five o'clock on that evening, and it was gone in twenty minutes.
Prisoner's Defence. A gentleman tapped me on the shoulder, and said he would give me 6d. to pawn the sheet—I said, "What name shall I say?'—he said, "Tell them it is your mother's"—I told the pawnbroker so, and then I told him who gave it me.
GUILTY . Aged 17.— Transported for Seven Years.
Before Mr. Recorder.
JOHN ATKINS, ESQ. AND ALDERMAN . I reside at Halstead, in Kent. On the night of Saturday, the 29th of November, or the Sunday morning, I had three aviaries broken open on my lawn, and, among other birds, a white Chinese pheasant was taken away—I think it had been safe on the Saturday, but I am not sure that I saw it—it was the property of my daughter, Sarah Jane Atkins—I have seen it since; it was discovered in London—it was a tame pheasant, and is still alive.
WILLIAM AVERN . I live with Mr. Rosier, a poulterer, in Leadenhall-market. On the 1st of December, a man came and asked me if I would buy a white pheasant—he went and brought up the prisoner, who had the pheasant in his pocket—this is it—it is a silver white pheasant, with a long tail—I asked him the price—he said 10s.—I asked where he got it—he said, at East Grinstead—I had received information that one of that description had been stolen from Alderman Atkins, and I sent word—Mr. Lane came and identified the bird—the prisoner and the other man ran out of the shop—the prisoner was overtaken and brought back—I am quite sure he is the man who had the pheasant in his pocket—I took it out myself.
Prisoner. I never offered it at all. Witness. He had it in his pocket, and told me the price.
JAMES LANE . I am in the employ of Mr. Alderman Atkins. I went to Mr. Hosier's shop on the 1st of December—I saw the prisoner and this bird—I asked the prisoner if he knew Mr. Alderman Atkins—he said, "No"—I asked him if he knew Halstead—he said, no, that he came from East Grinstead—I turned to look at the bird, and the prisoner and the other man ran off, but I hardly lost sight of the prisoner.
MISS SARAH JANE ATKINS . I know the aviary from which this pheasant was taken—it was safe on the 29th of November, at three o'clock in the afternoon, and I missed it on the following morning, when I went to feed it.
Prisoner's Defence. A person gave it me to hold—I did not offer it for sale.
GUILTY . Aged 20.— Transported for Seven Years.
MESSRS. ELLIS and GURNEY conducted the Prosecution.
came and asked for half an ounce of six-shilling tea—there was a man with her who took two herrings—the prisoner put down half-a-crown on the counter—I pushed it on one side, and put down the change on the counter—there was a scuffle between the man and the prisoner for the change—the prisoner took up 1s. 1 1/4 d., and the man took the other 1s.—I threw the half-a-crown into the till—my neighbour Mr. Croker came, and gave me some information—I opened the till again—I knew I had thrown it at the back of the till—I then discovered it was bad—this was about five seconds after I took it—this is it—I had two other half-crowns there, but they were with the other money in the till—this one was thrown quite back—I marked it and gave it to the officer—I went after the prisoner, and overtook her—I said she had given me a bad half-crown, and she denied it.
Prisoner. I gave it him for a good one—he took it to the other counter, jinked it, and put it into the till—he then took two half-crowns out of the till, and was going to put them in his pocket, but put them into the till again. Witness. I did not jink this, because they took my attention by their scuffling for the change—I had not tried the half-crown before.
JAMES CROCKER . I am a coal-dealer. I live opposite Heidrich's shop—I saw the prisoner pass with two men—she and one of the men went into his shop—I ran over, and asked what he had taken—he said he had taken half-a-crown—I pursued, and overtook the prisoner in Ogle-square, about three hundred yards from the shop.
Prisoner. I had not two men with me. Witness. Yes, you had.
HARRIET BERRY . On the 7th of November, I saw the prisoner come down the steps into Ogle-square—she stooped down to the sink, and put something down, but I could not see what—it sounded like a key—I pointed out the place to Smith.
Prisoner. Q. What time was it when I came to the link? A. A quarter to eleven o'clock—I cannot tell at what time it was opened—it was daylight—it was nearly dark—the lamps were not lighted.
SAMUEL SMITH . I live in Ogle-square—I opened the drain at eleven o'clock in the morning—Berry was with me—the clock was striking eleven—there was about one foot six inches in depth—I put my hand down, and found a half-crown—I marked it—it was not out of my sight—a woman told me something, and I gave it to Mr. Crocker in the evening.
Prisoner. You said at the office it was at ten minutes after five o'clock. Witness. I never said any such a thing—it was eleven o'clock.
Prisoner's Defence. I never had but one half-crown, and did not know it to be bad—I did not go to the sink at all.
GUILTY . Aged 18.— Confined One Year.
MESSRS. ELLIS and PARKER conducted the Prosecution.
JOSEPH JOHNSON . I am shopman to Mr. Edwards, surgeon, of Aldersgate-street. On Sunday evening, the 7th of December, the prisoner came for an ounce of salts—I served him—they came to 1d.—he gave me a shilling, and I gave him 11d. change—after he left the shop I examined the shilling particularly
—I suspected it—I marked it, and put it into a small drawer in the desk in the surgery, wrapped in paper—on the Monday morning I took it out, and gave it to Mr. Edwards—I received it again on Wednesday morning—I have no doubt it was the same—I gave it to the policeman; on Tuesday morning the prisoner came again for a penny-worth of ointment—I served him, and he put down a counterfeit shilling—I saw it was bad, and sent for the officer—I did not give him any change—I gave the two shillings to the officer.
JAMES THOMAS EDWARDS . I received the shilling from the witness on Monday—on the Tuesday, while dining, I gave it to my father to look at—it was given back to me—I returned it to the witness—I had marked it.
WILLIAM ARNOLD (police-constable C 70.) I was called to take the prisoner on Tuesday—I received this shilling at the time, and this other on the next morning—I found nothing on the prisoner but a farthing.
Prisoner's Defence. I was not there on the Sunday evening—nor outside my own door; on the Tuesday I met a man who asked me to carry a box to Holborn, and he gave me that shilling; and as I was coming back I called for the penny-worth of ointment for my eyes, and offered the shilling.
GUILTY . Aged 61.— Confined One Year.
NOT GUILTY .
MR. ELLIS conducted the Prosecution.
WILLIAM WINCH . I work for Mr. Watson, who keeps the Three Tuns, in Redcross-street, Barbican. On the 9th of December, at half-past eight o'clock at night, the prisoner came in and stood at the bar where I was serving—he asked for two-penny-worth of rum, which I supplied him with, and he gave me a crown-piece—I flung it on the counter to see if it was good—I told him it was bad—he said he wished he bad a thousand of them—I had not change for it, and gave it to my master—he thought it was a good one, as he took it of me—I had bit it before I gave it to him—the prisoner received 4s. 10d. change, sold went away.
Prisoner. I did not come from over the water till half-past eight o'clock—I did not go to the house till I went for three-halfpenny-worth of gin. Witness. He came in about half-past eight—I am sure he is the man—he had a brown coat on—I have no doubt of him.
JOSEPH WATSON . I received this crown-piece from Winch—I gave it to the officer, and on the same evening the prisoner came to my house, from nine to ten o'clock—he asked for three-halfpenny-worth of gin—he offered this other crown-piece—I said I did not think I had change—I went round and called a person to take him—I gave him and the crown-piece to the officer.
Prisoner. You cannot swear it was the same you took of me—you put it into your pocket, and took out four or five more. Witness. No, I had no other crown but the bad one which had been taken by the boy, and that he bit before he gave it—I did not let this one go out of my hand.
9th of December, I was called, and took the prisoner and this crown-piece.
JOHN FIELD . Both these crown-pieces are counterfeits, but not from the same mould—this one is good, and is of the same date, but I do not believe it would have made the mould in which the bad ones were cast.
Prisoner's Defence. I was not near the house till about ten o'clock—I then gave that crown-piece, and had the other in my pocket—I had changed a sovereign, but spent the rest of the money.
GUILTY . Aged 22.— Confined Two Years.
MR. PARKER conducted the Prosecution.
LETITIA CHALK . I am the wife of Henry Chalk, a butcher, in Tothill-street, Westminster. On the 17th of November the prisoner came to the shop and asked for a pound of sausages—I weighed them, and she gave me a half-crown—I told her it was bad—she said a young man gave it her, and she went out of the shop—I kept the half-crown, and the sausages—when my husband came home I showed him the half-crown, and then put it on a shelf; and next day I chopped it, with a bad five-shilling-piece and some shillings, but no other half-crown—on the 3rd of December I was in the shop, when the prisoner came in again and asked for half a pound of sausages, which my husband weighed her—I recognised her, and told my husband of it. I am quite certain she is the person who brought the half-crown.
HENRY CHALK . On the 17th of November, when I returned from market, my wife gave me the half-crown, which was afterwards given to the officer in my presence—on the 3rd of December I was in my shop—the prisoner came in and asked for half a pound of sausages—she gave me a sixpence—I told her it was bad—she made no answer—my wife stepped forward and told me to give her in charge, as she was the person she had taken the half-crown from—the prisoner said she never was in the shop before—I gave her in charge.
WILLIAM CLIFTON (police-constable R 50.) I took the prisoner—I asked her how she came by the sixpence—she said a young man gave it her over the water—she said she knew nothing about the half-crown, and never was in the shop before.
COURT. Q. How was she dressed on that occasion? A. In a similar way to what she is now, but she had no cap nor bonnet on—I am quite certain she is the person.
Prisoner's Defence. I never was in the shop before, I can take my oath of it—I did not know the sixpence was bad.
GUILTY . Aged 18.— Confined One Year.
MESSRS. ELLIS and PARKER conducted the Prosecution.
Mr. Taylor, of Cheapside, who keeps an umbrella shop—the prisoner came to the shop on the 27th of November, at five o'clock in the evening—he laid, "I want a stick for riding"—I told him to choose one—he chose the first he took hold of, and said, "This will do"—it came to 6d.—he gave me a 5s. piece, and I gave him 4s. 6d. change—I looked at the 5s. piece—he said, "It is a very good one"—he then said, "I have a 6d. somewhere"—he then pulled out a half-sovereign—I said it was a half-sovereign—he then pulled out a sovereign, and said he had no change—I said, "No doubt it is good;" and he went away—soon afterwards an officer came in—I then examined the 5s. piece—I marked it, and gave it to the officer—there was no other crown-piece in the till.
Cross-examined by MR. PRENDERGAST. Q. How long after the man was gone did the officer come in? A. About three or five minutes—I do not recollect saying that the man I had the 5s. piece from had a suit of black on—he had a great-coat on.
Q. Did you not say before the magistrate, that the man had a suit of black on? A. I did not particularly notice—it was between the lights—he had a great-coat—I did not notice what he had under it.
Q. When he was brought back to you, did you not say you would not like to tell a lie, but you were almost certain he was the man? A. I think I said so twice, but I did not say so before the magistrate—I said I was certain he was the man; but my master did not wish me to attend till I was sent for—he was not dressed as he was when he came for the stick—I was always certain he was the man—I told the officer I should know him again, and, when he brought him in, I said that was the man—I did not at first say I was almost certain—it was a week afterwards that he was brought back to the shop—I had never seen him before he brought the crown-piece.
MR. PARKER. Q. Did any other person come into the shop before you saw the officer? A. No; there was a gentleman in the shop at the time the prisoner was, who gave me a sixpence.
ROBERT TYRRELL . I am an officer of the General Post-office. On the 27th of November, I was standing at the post-office gate—I saw the prisoner and another man and a woman—I watched them into Cheapside—the prisoner then crossed from the man and woman, and went into the stick shop—I kept on the other side—I saw him come out again with a stick under his coat, which he had not when he went in—he crossed to where the female and the other man were waiting—I ran over to the shop, and inquired of Hannah King what he had given her—she gave me this 5s. piece, which she had marked—I then went in pursuit of the prisoner and the others, but I saw no more of them at that time.
Cross-examined. Q. When did you take the prisoner? A. On the 4th of December—I had known him before.
HENRY ELLIS . I am assistant to Mr. Lobb, a surgeon, in Aldersgate-street. On the 3d of December the prisoner came to the shop for half an ounce of pil. coch.—I served him with it—it came to 6d.—he gave me a crown-piece—there was not change in the till, and I changed it out of my pocket—I put it into my pocket—I had no other crown piece there—in about five minutes I found it was bad—I had not in that time taken any thing of any person—a man had offered me a bad half-crown—I gave the crown to the officer—I am sure the prisoner gave it to me.
Cross-examined. Q. Had you ever seen the man before? A. No; I saw the officer about ten minutes after I took the crown from the prisoner—
I had not more than 1s. 6d. in my pocket then—the pil. coch. was rather hard when the prisoner came, and I softened it—he was in the shop five minutes, I dare say—I saw him again the next day—he had a dark brown coat on, or black.
Cross-examined. Q. Where have you kept it.? A. In a box at home—I marked it, and Mr. Ellis marked it.
GUILTY . Aged 22.— Confined One Year.
WILLIAM BARNES . I live in Wellington-street, Bermondsey. On the 23rd of November, about ten o'clock in the morning, the prisoner came to the shop and ordered 1lb. of the best salt butter to be sent to Mr. Watkins, 22, Wellington-street, St. Luke's, and change for a five-shilling-piece—in about five minutes he returned, and, with an earnestness of manner, asked if I had sent the butter and change as directed—I then weighed the butter, and called my boy, George Webb, and gave him four shillings, which I particularly remarked—three were of the reign of George III., and one of George IV., with a lion on it—the boy came back with an officer, who had the prisoner in charge—he asked me if I knew the prisoner—I said yes; he is the person who ordered a pound of butter—he said, with affected surprise, "I order a pound of butter!"—I said most assuredly he did.
Cross-examined by MR. DOANE. Q. Then you did not give him the butter? A. No; I sent it by my lad—I know Mr. Watkins by sight—I sent the butter for the purpose of its being delivered to Mr. Watkins.
COURT. Q. Did you intend your servant to leave it without receiving the 5s.? A. Certainly not; I cautioned him to be careful that he had good money.
GEORGE WEBB . I am errand-boy to the prosecutor. On the 23rd of November I received directions from him to take a pound of butter and change for a five-shilling-piece to Mr. Watkins—I had four shillings change—as I was going, I met the prisoner in Wellington-street, St. Luke's—I had not seen him in the shop—he said, "Are you going to Mr. Watkins's?"—I said, "Yes"—he then took the butter and the change, and gave me the five-shilling-piece—I thought it was right, as he gave me the five-shilling-piece—he told me to go back and fetch half a pound of cheese—I did not go back, but I showed the five-shilling-piece to a person on the otherside, who told me it was a bad one—I then pursued the prisoner—he ran away across King-square, and as he turned a corner, I lost sight of him—I then saw an officer, and told him what had happened—he took me to the Champion public-house, where we saw the prisoner—I told him he gave me a bad five-shilling-piece, and he said, no, he did not—the officer then searched him, and took him to my master—I am quite sure the prisoner is the person who gave me the five-shilling-pieces, and took the butter and four shillings.
Cross-examined. Q. Had you ever seen him before? A. No: I let
him have the butter at once—we were not long together—I am quite sure the prisoner is the man—I had been told to be very careful—the prisoner spoke to me first—I am sure he is the person—he did not say that he came from Mr. Watkins.
THOMAS BRAYHAN (police-constable G 167.) I was on duty—Webb spoke to me—I went with him to the Champion public-house, where we found the prisoner—Webb said to him, "You have given me a bad crown-piece"—the prisoner denied it—I found on him 5s. 11 1/2 d.—one of the shillings he had is of the reign of George the Fourth, the other four of the reign of George the Third—I got this crown-piece from Webb—I took the prisoner to Mr. Barnes, who said he was the man who ordered the butter.
Cross-examined. Q. have you many persons in your employ? A. Yes, young men; but I do not know the prisoner.
Prisoner's Defence. I was in the public-house drinking, when this boy came in with the policeman, and said I had given him a bad five-shilling-piece.
(Edward James Ansell, watch-spring maker, of Tottenham-court-road; John Hartshorn, a watch-spring maker, of Heneage-street; and Anthony Pole, of Baker-street, Westminster, gave the prisoner a good character.)
GUILTY . Aged 22.
JOHN BAKER . I am errand-boy to Mr. James Dumain, of Ashley-crescent, City-road, a cheesemonger. On the 16th of November the prisoner came in and ordered a pound of the best butter, to be sent to No. 18, Wenlock-row, with change for a five-shilling-piece—my master weighed it, and directed me to take it and 4s.—I had got within half-a-dozen footsteps of No. 18, Wenlock-row, when the prisoner met me, and asked if I was going to No. 18—I said, "Yes"—he said, "Give me the butter"—I gave him the butter and the 4s.—he gave me a crown-piece, and said, "Has your master any good cheese in cut?"—I said, "Yes"—he said, "Go and bring a pound"—I took the five-shilling-piece to my master, who said it was bad—I went back to No. 18, but the prisoner was gone, and no such person was known there—I remarked a niche on the edge of the crown-piece.
JAMES DUMAIN . I recollect a person coming to my house and ordering a pound of butter, with change for a five-shlling-piece, on the 16th of November, to go to No. 18, Wenlock-row, but I did not notice the person—I sent it by the boy—I told him to take the money, and not to give any credit.
Cross-examined by MR. DOANE. Q. Was any thing said about the delivery of the goods? A. Only to send them—I told the boy to take the butter and change, and bring the money—I do not know who lived at the house—I thought this man lived there, and I intended the butter should be taken to him—he is still in my debt.
GUILTY . Aged 22.— Transported for Seven Years.
There was another indictment against the prisoner.
WILLIAM WARD . I live in Noble-street, and am a porter. On the 5th of December I was at the end of High-street, near Oxford-street—I had a parcel on my shoulder—Strong called to me, and I missed my handkerchief out of my pocket—I turned and followed him to Lawrence-street—I saw Labern about twenty yards down that street—he had another lad With him, who I believe was King—I went up and asked how they could be guilty of such an action—they said they were not guilty, and one of them threw open his jacket for me to search—we then left them to follow another person—I afterwards took Labern to the station-house.
CHARLES WILLIAM STRONG . I live in Upper Gardner-street, Vauxhall-road. On the evening of the 5th of December, I was near the end of Oxford-street—I saw the two prisoners, and another with them—I watched them into High-street, St. Giles's—I then saw King take a handkerchief from the prosecutor's pocket, and give it to Labern, who gave it to the other boy—I told the prosecutor—we crossed and went after them—we left these two to follow the third boy, but could not catch him—we turned down a court to see for him, and the two prisoners came to peep after us—we took Labern—King came to the station afterwards, and was taken—I am certain of the person of both the prisoners—I had watched them for five minutes.
King's Defence. I was going up Hatton-garden the next morning, and they called me in, and took me in a moment.
Labern's Defence. I started from home to get a place—I called in Red-Lion-street—the witness took me, and accused me of taking a silk handkerchief—I said I had not, and I threw my jacket open—they went after another boy, then returned and took me.
LABERN— GUILTY . Aged 16. KING— GUILTY . Aged 16.
Confined Three Months, and Whipped.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 23.— Confined One Year.
with another in Petticoat-lane, on the 8th of December, between four and five o'clock—I saw them again between six and seven o'clock, and then again between seven and eight o'clock; and Harrow had this table-cover—I got hold of the two prisoners—the other, who was less than these, got away—I asked what they had got, and Harrow said, a bed-cover, which he was going to take to the pawnbroker's—I took them to the watch-house, and then he said he lived at No. 11, Butler-street—I went there, but the house was not inhabited—they seemed all three friendly together.
ISAAC JOEL . I live in Sandy-row, which leads to Petticoat-lane. I had this sofa-cover in my shop, between nine and ten o'clock I the morning of the 8th of December—I then went into the country; and when I came home, between four and five o'clock, I missed this cover and another—I have known Russell nine or ten years—he has been an honest lad.
Harrow's Defence. I was going down Petticoat-lane, and found this on the pavement—I picked it up, and this boy knows nothing of it.
HARROW— GUILTY . Aged 14.— Transported for Seven Years.
RUSSELL— NOT GUILTY .
EMMA FOREMAN . I am the wife of William Foreman, and live in Union-crescent, Union-street, Shoreditch. The prisoner is my brother—he came to me—he said he was cold, and I let him sleep in my own room—he got up the next morning, between seven and eight o'clock, (on Saturday, the 6th of December)—I then missed a coat and waistcoat of my husband's, and 5s. 6d.—these articles had been in my drawers—I saw the prisoner again on that Saturday night, and asked him what he had done with the coat—he said he did not know any thing of it.
GUILTY . Aged 18.— Confined Three Months.
JAMES WRIGHT . I am a tailor, and live in Marshall-street, Golden-square. The prisoner was in my employ, to make Indian-rubber cloaks—she did not live in my house, but took work home to do, and was paid for it by the piece—I missed this coat from a drawer in the bed-room, to which the prisoner had access.
Cross-examined by MR. CHURCHILL. Q. What were her wages? A. She had no regular wages—I have known her six years—she his been a trustworthy servant—I would undoubtedly employ her again.
GUILTY . Aged 17.—Recommended to mercy by the Jury.— Confined Four Days.
ELIZABETH MORLEY . I am the wife of James Morley—we live in Stepney parish. On Thursday, the 4th of December, my husband's coat was hanging by the parlour door in our shop—I saw the prisoner going out of the shop with the coat under his arm—I followed him—he went down a court—I spoke to one of my neighbours—I went down another court, and met the prisoner with the coat—I snatched at it—he dropped it, and ran away.
Cross-examined by MR. PHILLIPS. Q. You went down a court when he was not? A. Yes; not more than two minutes elapsed from the time the prisoner left the shop till I met him—he was half way out of the shop when I saw him—the court in which I saw him is inhabited—I had noticed what he had on.
COURT. Q. Are you able to swear he is the man? A. Yes; I saw him with the coat in the shop, and stopped him with it.
WILLIAM SHEEN . I am an officer. I saw the prisoner run across the road—I went and took him—I asked the persons who had stopped him what he had done—they said he had stolen a coat; and as he came across the road, he said he picked the coat up at the door.
Prisoner. I came by the door, and picked it up—this woman came and said it was hers.
(James Brooker, timber-dealer, of Walworth, gave the prisoner a good character.)
GUILTY . Aged 21.—Recommended to mercy.— Confined Three Months.
MATTHEW PEAK . I am an officer. On Monday, the 8th of December, I was in Chiswell-street, at a quarter past five o'clock—I saw the prisoner, in company with another boy, on the opposite side of the way—I saw something under the prisoner's coat—I crossed, and asked what he had got—he said, "Nothing"—I laid hold of him, and took the snuff-box from under his coat—I said, "Where did you get this?"—he said, "I found it down Milton-street"—I then took him to the station-house, and then before the magistrate, but as we could not find the owner, he was set at liberty—I then found the owner, and took him again.
THOMAS WILSON STRUDWICK . I live at No. 35, Noble-street. This is my box. I did not miss it till the policeman brought it—it is worth 15s.—it is one I kept in the window, and it must have been taken from there.
Prisoner's Defence. I was discharged, and the magistrate told me to come on the Saturday for the box—I was going, and was taken.
GUILTY . Aged 17.— Transported for Seven Years.
302. ELIZABETH HEATH was indicted for stealing, on the 9th of December, 1 gown, value 2s.; 1 night-gown, value 2s.; 1 cape, value 4d.; 1 shift, value 8d.; and 1 apron, value 6d.; the goods of Thomas Butler, from the person of Jessy Payne.
JESSE PAYNE . I am nine years old. I know the consequence of telling a lie—I live with my aunt at Hackney—she keeps a mangle—on the 9th of December, I was going along with a bundle, and met the prisoner—I did not know her before, but I am sure she is the person—she said there were some mad cows coming up the lane—I said I was going down that lane—she said, "What! to the second cottage!"—I said, "No, to the first"—she said, "To Mrs. Butler?"—I said, "Yes"—she said she was just coming for the things, meaning the mangling things that I had in my hand—she said she would take some things, and took a gown and four other articles out of my basket—she then went away—I saw her again two days afterwards, and told my aunt.
SARAH PRIOR . I am aunt of this witness. I gave her these articles to take to Mr. Thomas Butler's—to the best of my belief these are the articles—I saw the prisoner on Thursday, and asked if she was the young girl who had taken the things from the child—she said yes, but if I would not say any thing, I should have the things again—I said I could do nothing but take her to Mrs. Butler's—she then said she had pawned them, and gave up the duplicates.
Prisoner. My mother is living with another man—I was distressed to know where to go.
GUILTY . Aged 16.—Recommended to mercy by the Prosecutrix and Jury.
Five Days' Confinement, and sent to her parish.
303. GRIFFITH RICHARDS was indicted for stealing, on the 10th of December, at Chelsea, Middlesex, 1 coat, value 20s.; 1 pair of trowsers, value 5s.; and 1 purse, value 3d.; the goods of William Manning.
(The articles in question were stolen from a vssel in port in Yorkshire, and were never in the prisoner's possession within the jurisdiction of the Court.)
NOT GUILTY .
THOMAS HONIBORNE . I am apprentice to Mr. Marmaduke Drake. He lives at St. Giles-in-the-Fields—we missed a brush from his shop window on the 8th of December, about six in the evening—it had been near a broken square of glass—it has not been found.
GEORGE ANTHONY . I was near the prosecutor's shop, and saw the prisoner in company with two boys—they were in conversation—the prisoner left them, walked to the window, removed a blacking board, and took out a brush, which he gave to his companion, who walked off with it—the prisoner walked towards me, and I secured him—I had not lost sight of him. Prisoner. I was not near the shop.
GUILTY .* Aged 17.— Transported for Seven Years.
CHARLES COGAN . I am in the service of Benjamin Galpin, of Charlotte-street, Fitzroy-square. On the 11th of December, the prisoner came and looked at the books at his stall—I saw him secrete something in his bosom—he walked off—I followed him till I came up to a policeman, and gave him into custody—these two books were found on him—they are my master's, and had been on the stall—he said he had bought them of a man in Tottenham-court-road, for 2s.
Prisoner. You never saw me take the books. Witness. I saw you put something into your bosom.
GUILTY . Aged 33.—Recommended to mercy.— Confined Five Days.
ISABELLA LAINSON . I am the wife of John Lainson, of Clifton-street. On the 10th of December, I saw the prisoner in the street, and told him to come and sweep my kitchen chimney—I got my kitchen ready about eleven o'clock—he came and swept the chimney—I had a half-sovereign, and a 6d. which I put under a yellow basin on the dresser—my little girl saw me put them there—no one else was in the kitchen—the prisoner came down the chimney—I took the 6d. from under the basin, and sent for change—I then put the basin over the half-sovereign again—the prisoner could see it—I then went into the back kitchen, leaving him and the half-sovereign in the kitchen—I came back, paid him 4d., and he went away—I then called my little girl, and told her to bring her bonnet to go out, and I missed the half-sovereign—there had been no one in the room, nor in the house, but my little girl who is two years old—no one could have taken it but the prisoner—I went to the prisoner—when he saw me he ran up stairs and said, "This is the lady where I swept the chimney"—I then asked him whether he took the half-sovereign—he said he had not—I went and found a policeman of the H division, No. 35 or 33—he said it would cost me 50l. if I proceeded with it—I am sure he said that—he was a thin man, rather tall—I told a friend, and we got another policeman, who took the prisoner to the station-house—the prisoner said, the first time I saw him, that rather then lose his character, he would give me 2d., for every chimney he swept.
JURY. Q. Did you say you would give him any thing? A. Yes; I said I would give him half the money, if he would give it me, but he said he had not got it.
COURT. Q. Did you not tell us there was no one in the house, but your little girl two years old? A. Yes; there was a little boy nine years old, and my daughter Eliza, but they did not come into the kitchen.
The prisoner put in a written defence, stating that on hearing he was suspected, he went to the prosecutor's house, and was charged by her daughter with stealing a brass cock—that he left his address and went home;
but was afterwards apprehended on this charge, of which he declared his innocence.
COURT to ISABELLA LAINSON. Q. Did the prisoner call on you? A. Yes; and I spoke to him in the kitchen—that was when he said he would pay me 2d. a time—he was not accused of stealing the brass cock at all—I did not say I believed he was innocent—I did not call for liquor which I did not pay for—I went into a public-house, and called for some liquor for the woman, who showed me the court where the prisoner lived—I examined the basin, and there were three black finger marks on it—I did not state that here, but I did at Worship-street.
NOT GUILTY .
ROBERT JONES . I am shopman to Messrs. Alexander Wilson and Son, of Holborn-hill. On the 16th of December, the prisoner and another woman came to the shop—the other asked to be fitted with a pair of shoes, and the prisoner put this pair into her pocket—I accused her of it—she denied it—I put my hand in and found them—these are them—the officer took her.
Cross-examined by MR. PHILLIPS. Q. Whose property are these shoes? A. Messrs. Alexander Wilson and Son—I know they are in partnership, by being servant to them.
Prisoner. I did it from distress.
GUILTY Aged 36.—Recommended tomercy by the Jury.
Confined Ten Days.
OLD COURT.—Friday, December 10, 1834.
Third Jury, before Mr. Sergeant Arbin.
308. WILLIAM RANCE, STEPHEN CASEY , and GEORGE SHACKELL were indicted for stealing, on the 13th of December, at Harrow-on-the-Hill, 1 ewe, value 20s.; the property of John Copeland.—2nd COUNT, for killing the said ewe, with intent to steal the carcase.
THOMAS DUGGAN . I am a Bow-street patrol, and have been so almost three years. I was at Harrow-on-the-Hill, on the 13th of December, about a quarter past eleven o'clock at night—I received information that there was some mutton hanging in a tree near the Black Horse, about a mile and a quarter from Harrow, and about a mile from the prosecutor's—I went to the tree and watched by the side of a ditch—the tree was in a field some distance from the village—I concealed myself having ascertained that the mutton was there, concealed in an oak tree—there were two legs and a shoulder, and liver—I concealed myself, to watch—Watson was in another place, and in about two minutes, I saw the three prisoners come out of the Black Horse public-house, and walk down to the sign-post, in the road—they stood near the post and conversed a short time, and then came on, down opposite to the tree where the mutton hung—I could see very plainly into the tree—I was on my horse about ten or twelve yards off—a gentleman passed on horseback—one of the men, I think it was Shackell, said to him, "Good night"—as soon at he was gone, Shackell said, "All's right"—the two others jumped over the
gate, got a little way under the hedge, went to the tree, and took the mutton down—Shackell had a little dog which found me out behind the tree, and barked—and on that, Shackell came to the gate and wanted to know who that was—the other two prisoners came into the road—I jumped over the gate, passed Shackell, and met the other two coming to him—I collared them both, and said, "I want you"—they laughed in my face—Watson followed them over the gate—I called to him to take Shackell, which he did—we took them all three to the Black Horse—they had brought the mutton from the tree—as soon as I secured them, they threw a piece of the mutton down, and at the Black Horse door threw another piece down—Watson picked it up—we took them into the public-house—one of them slipped a knife down on the form, I do not know which—Watson took it up, and asked the landlord and landlady if it belonged to them—they said not—the prisoners would not own the knife—I searched Rance, and found in his pocket the liver of a sheep, quite fresh—I took it out, and asked where he had it from, and said he was not bound to answer, but he could do as he thought proper—they said they wanted something to eat and drink, and they had something—I handcuffed the two, and went to handcuff Shackell—he said he would not be handcuffed—but would walk with me—I said he must be handcuffed—I threw him down, and he was handcuffed—we took them on the road to where I live, at the station near the bridge, in the Harrow-road, and sat up with them all night—next morning I took them to Paddington station-house, and on the road there I asked them how they came by the mutton—Shackell was behind, and could not hear what the other two said—Rance said it was no use telling a lie about it—they had killed the sheep, and the remainder of it laid in a field near Edgeware, by the side of a ditch—I asked at what time they killed it—they said from twelve to two o'clock in the day—I said, "Was not you afraid to kill the sheep in the middle of the day?"—they said they were all of a tremble all the while they were doing it—I said, "In what direction did you come after doing it?"—they said they came across the country road to the Black Horse, went to the Black Horse door, and Rance staid at the door with the mutton, while Casey went in to Shackell, who was in the public-house, and he agreed with him to take the mutton—he was to give them some bread and cheese for the mutton—that he came out and joined Rance—took the mutton into the tree, went back to the public-house, and had some bread and cheese, and afterwards came out to go after the mutton—they said Shackell was not with them when they killed the sheep—I had no couversation with Shackell—I had seen them fetch the mutton out of the tree—I went to Edgeware, but could not find the rest—after returning, I received information that it was found.
SHACKELL. Q. Did Rance tell you I was going to buy the mutton of him? A. He said you had bought it of him, and had given him some bread and cheese, and beer—Casey said the knife I found belonged to Rance's sister.
GEORGE WATSON . I am a farmer. I assisted Duggan in watching the tree—his evidence is correct—Shackell said to me when I collared him at the gate, "D—n me, master, don't collar me, you know me, I won't run away from you"—as I was taking him to the station-house he said, "I wish I had gone home, master, when I came out of the house; I should have been out of this, for I am innocent of it"—and he afterwards said so again, and said, "If I get off, it will be a great hurt to my character, and perhaps I shall lose my place of work."
JOHN ROSE . I am bailiff to Mr. John Copeland, of Harrow. He had some sheep at pasture in a field about a mile and a quarter from where the mutton was found—I counted my sheep on Saturday morning—I had fifty ewes and a ram—I missed one ewe on Sunday morning—I searched about, and found in a ditch part of a sheep, all but the two legs, shoulder, and pluck—the hind quarters were very much chopped about—I found the skin in the same field—it had master's mark on it which I had put on myself, "J. C."—I fitted the shoulder into the skin; it tallied exactly—Shackell is a hay-binder.
Rance's Defence. As I was going across the field to work, about six o'clock in the evening, I saw the mutton lying down in the path—I picked it up, wrapped it up, and carried it on—I went to the public-house, and put it in the tree till I came out of the public-house, and on coming out, the horse patrol saw and took us.
Casey's Defence. As I was coming across the field, I saw the mutton—this young man had 2d. in his pocket—we went and had some bread and cheese, and hung the mutton in the tree.
RANCE†— GUILTY . Aged 19
CASEY†— GUILTY . Aged 19
Transported for Life.
SHACKELL— NOT GUILTY .
Before Mr. Justice Littledale.
309. WILLIAM WREN and HENRY JACKSON were indicted for feloniously and burglariously breaking and entering the dwelling-house of James Noble, about the hour of six in the night of the 15th of December, at St. Dunstan, Stebonheath, otherwise Stepney, with intent to steal therein, and stealing 2 printed books, value 2s., his goods.
JAMES NOBLE . I am a bookseller, and live at No. 189, Whitechapel-road. On Monday evening last, between five and six o'clock, I was in my back parlour at tea—the shop door was closed to—it was dark—I should not suppose I could distinguish a man's countenance if there had been no light from the gas—I heard a knocking or rumbling noise at the door—I thought there were some men fighting, and I should have my window broken—I ran out and opened the door—the policeman gave me information, and brought the two prisoners into the shop—he had assistance—he produced two books, which I recognised to belong to me—I looked at the place where they were kept, and found they were gone—I had seen them that day—they were near the window—it is a sash window, which slides up and down—I know the window was closed down at four o'clock, when it got dusk—I had seen that it was closed down entirely—it is rather a heavy sash, and would break if it was not putdown carefully—it does not go on lines; I have pins to hold it up—the books were inside the window—any body outside could see them—when I went into the shop, I found the window still down.
JAMES MULLINS . I am a policeman. I was on duty last Monday in Whitechapel-road, between five and six o'clock—I saw the prisoners—I did not know them before—it was dark—I could not distinguish the features of a person by the natural light—I watched them—they attempted to turn up Cannon-place, then turned into the road again, and
went to Mr. Noble's shop—I did not know the shop before—I went towards them, and saw the window raised—I could not see who raised it but I saw the sash raised—it was one of the prisoners, for there was nobody else there—I saw it raised, and saw them moving their hands—I saw the window move up, and afterwards saw it down again—before I saw the window down, the two prisoners ran towards me from the window, and I laid hold of them both—Wren threw the two books down on the flags—Jackson got loose, and ran away from me—I cried out to a young man, who was rather before me, to catch him—he ran after him, and brought him back—Wren struggled very hard to get away, and after a little time I took him to the shop window, and it was then down—I knocked at Mr. Noble's door, which was shut, and he came out and opened it—I said he was robbed—I had hold of Wren then, and he heard what I said—I took him into the shop, and produced the books to Noble, who said they were his—I had told a little girl who stood by, to hold the books while I took Wren, and she took them up and gave them to me—I put them into my pocket—they were the same that Wren had thrown down—I cannot say which of the prisoners shut the window down—I did not see them shut it down—I saw it raised up at the time they were at the window—whether it dropped down when they left, or how, I cannot say—it was down when I knocked at Noble's door—it was four, or five, or seven inches up.
Wren. Q. You said at the office you never saw it raised up? A. I saw it raised up, and I said so—I said the window was raised up by one of them, I could not say by which—it was one of the two prisoners—there was nobody else there.
CHRISTOPHER IRVINE COATES . I have been a medical student, but am now living with my father. On Monday evening last, about a quarter to six o'clock, I was in the Whitechapel-road, in company with Mullins—I saw the two prisoners standing on the footway, talking—it attracted the attention of the officer—on seeing us, they walked on and turned down a kind of court, on the right—they came out of the court immediately, and walked on to Mr. Noble's shop window—Mullins walked before me, and at this time the two prisoners were at the shop window—I could perceive they had their hands on the glass, on the window, but I cannot positively swear what they were doing at the time—Mullins went up, and on his catching them, I saw Wren throw away two books—Mullins could not hold both, and Jackson ran away—I ran after him immediately, and caught him—he ran about 150 yards—I brought him back to Mullins, who was standing at Noble's door, which was then open.
(Property produced and sworn to.)
Wren's Defence. The policeman, at Worship-street, said he saw us both standing round the window; but never saw the window go up.
Jacksons Defence. Last Monday, as I was running along Whitechapel, a policeman came and laid hold of me and knocked me down in the mud, and took me and my fellow prisoner—he said we had lifted up the window and taken two books out—I know no more about it than the child unborn.
(William Must, silk-weaver, Collingwood-street, Bethnal-green, deposed to the prisoner Jackson's good character.)
JURY to JAMES NOBLE. Q. Is there a beading inside your window? A. Yes: I never knew the sash rest on the bead—it fits very close and heavy, and will not stay up of itself.
WREN— GUILTY . Aged 24.
JACKSON— GUILTY . Aged 20.
Of stealing only.
Confined Six Months.
Before Mr. Baron Gurney.
310. JOHN SPILLAN was indicted for feloniously and burglariously breaking and entering the dwelling-house of Elizabeth Turner, about seven o'clock in the night of the 12th of December, at St. Giles-in-the-Fields, with intent to steal the goods therein, and stealing 1 blanket, value 2s.; and 1 sheet, value 3s.; her goods.
ELIZABETH TURNER . I am single, and live in Russel's-court, St. Giles-in-the-Fields: it is also called Salutation-court. On Friday last I left my house about half-past six o'clock—it consists of one room—I left nobody in it—I tied the door twice with a piece of string—I tied the staple and hasp together, and made it as secure as I could with string—I had been out shortly before, and when I came back I saw the prisoner listening at my door—I asked him who he wanted—he made no answer—I asked him again, and took particular notice of him, as he did not answer—it was just dusk when I went out at half-past six o'clock—I do not call it very dark then—there are gas-lights there—it would be quite dark without the lamps—I was not out above ten minutes or a quarter of an hour at most—when I came back I found the door wide open, and the things laid on the table—the sheet and blanket were gone—I saw them again next morning, at Queen-square.
Prisoner. Q. Did not you meet me in the street in the evening, and we have a drop of drink together? A. We did not—I did not go up the court before you and open the door—I never saw you before I saw you at my door.
Prisoner. She opened the door, took we in, and asked if I had any money to pay for gin—I said, "No"—she said, "Take your shirt off your back, and you can have it pawned." Witness. I had no such conversation—I did not ask you to take this property out, saying that I was known—I was not drinking with you that evening—I never saw you in the street—it is all untrue.
GEORGE CARTER (police-constable B 121.) Last Friday evening, I saw the prisoner in Broadway, Westminster, about half-past eight o'clock—he was offering this sheet and blanket for sale—I asked if it was his own property—he said they were—I looked at the marks, and said I did not think they belonged to him—he said they belonged to him, and he had brought them from St. Giles's—I took him into custody—he went with me very quietly till he came to the corner of New Tothill-street—he then gave me a push, and ran away—I ran after him, caught him, and brought him back—next day the prosecutrix appeared at the police-office, and saw the things.
Prisoner's Defence. I met her in the street—she told me to follow her to the court, and to stand at the end till she went and opened the door—she went in first herself—I followed her in—she said," Will you have a drop of gin?"—I said I had no money but a few half-pence—she said, "Take your shirt off, and pawn it"—I gave her my shirt—she got somebody at the door to go and pawn it—I have the ticket to prove it—when the gin was drank, she gave me the things to take out, saying she would meet me in the street with them—I stood in the street with them, open in my hand, for an hour and a half, expecting her to come to me—I should have concealed, or made away with them, if I had stolen them—I went along the street, exposed as they were, and had got just towards home, when this gentleman met me, and asked where I got them—I said I had them from
a young woman to keep till she came—he took me to the watchhouse—the inspector asked where I had been drinking all day, as I was tipsy—I said in St. Giles's—the gentleman went next morning, and inquired about the place—he found out the court, and the prosecutrix claimed the things, for fear of being caught herself.
(John Conner, smith, Lumber-court, and Thomas Monigan, deposed to the prisoner's good character.)
GUILTY of stealing, but not of breaking and entering. Aged 35.
Transported for Seven Years.
Before Mr. Justice Littledale.
311. ROBERT BRISTOW was indicted for feloniously and burglariously breaking and entering the dwelling-house of Ralph Wilcoxon, about eight o'clock in the night of the 9th of November, at St. George, Hanover-square, with intent to steal the goods therein; and stealing 30 pairs of shoes, value 8l.; and 7 boots, value 2l.; his goods; and that he had before been convicted of felony.
GEORGE SANSOME . I am shopman to Mr. Ralph Wilcoxon, who is a shoemaker, and lives at No. 303, Oxford-street, in the parish of St. George, Hanover-square. I have possession of the house all day, and two boys sleep there at night—Mr. Wilcoxon does not sleep or take his meals there—he pays the rent of the house, also the rates and taxes—the shop is the only part occupied with the business—nobody but the two shop-boys sleep in the house—they do not have their meals there—I am in the house the whole of the day, and have charge of the property—I have my meals there—the house is one story high above the ground floor—there are no lodgers—the shop is part of the house—you go from the shop to the rest of the house, without going into the air—I left the shop on Saturday night, the 8th of November, about a quarter after twelve o'clock—all the property was perfectly safe then—I returned on the Monday morning, at a quarter before eight o'clock, and found the house had been catered, and the boots and shoes gone—three pairs of boots and an odd one, and about thirty pairs of shoes, worth 10l.—they were all perfectly safe on the Saturday night—I had seen them—I have seen three pairs of boots since—I know them to be Mr. Wilcoxon's property.
DENNIS CROWLEY . I am shop-boy to Mr. Wilcoxon, who lives in Tottenham-court-road. I slept in the house, No. 303, Oxford-street—on Sunday morning, the 9th of November, I remember leaving the house about nine o'clock—there is no private door—only a shop door—I locked the shop door—there is no back door to the house—all the windows were fastened when I left it—there is only one window, and that has a catch to it—I put it down before I went—there is only one window up stairs—you go to the upper part of the house by a ladder—there is no back room down stairs—the shop shutters were up—there is only one shop window, and that was fastened—I did not fasten it myself—it appeared to be fastened, and so did the window up stairs—there are no shutters to the up-stairs window—there are outside shutters to the shop window—I locked the door, and gave the key to Miss Mayer, a shopwoman of master's—Jewell, the other shop-boy, went out with me—master has another shop at No. 289, Oxford-street, which is a shoemaker's also—I returned about ten o'clock—I do not take my meals in the house, but I sleep there—Jewell returned before me.
the 9th of November at nine o'clock in the morning, at the same time as Crowley—I did not notice whether he locked the door—the shop window was shut, and the shutters also—nobody was left in the house—I returned at twenty-five minutes alter nine o'clock at night, and found the shop door about half-way open—I called to a policeman, who came—I then went to No. 289, Oxford-street, to acquaint Mrs. Wilcoxon—I left the policeman at the door—I came back—Mr. Wilcoxon was not at home—I went into the shop, and found the boots and shoes gone—there did not appear to have been any violence used in opening the door—Mr. Wilcoxon came to the house that night about half-past ten o'clock, as Crowley went to acquaint him of it, and he examined the shop.
JAMES ALDOUS . I am a pawnbroker, and live in Berwick-street, Soho. On the 10th of November the prisoner came to my shop, in the forenoon, to pawn a pair of boots—I advanced him 10s. on them—I asked whose they were—he said they were his own property—he pawned them in the name of Robert Bristow—I always knew him by that name—I have had the care of the boots ever since.
WILLIAM POWELL . I am shopman to James Porter, a pawnbroker, in Park-place, Dorset-square. On the 10th of November, between eleven and twelve o'clock in the morning, the prisoner came to the shop—he pawned two pairs of boots for 1l., in the name of James Bristow—he said they were his own—I knew him by the name of Bristow before, but I did not know his Christian name before—he had pawned at our shop three or four months.
Prisoner. Q. I have pawned with you in the name of Robert? A. I do not recollect what Christian name he usually gave, but I have written "James" on this ticket.
ANDREW VALLANCE . I am a policeman. The policeman who was called to the door, on the evening of the 9th of November, is not here—I know the prisoner—he lodged in Huntsforth-mews—his sister told me that was his lodging—I do not know it myself—I went on the 27th of November, from information I received, and took him into custody there—he told me where his sister lived.
RHODA MAYER . I had the key of the shop the day the robbery was committed—I received it from Dennis Crowley, about nine o'clock in the morning—I had it the whole of the day, and gave it to the policeman, who was at the shop at night.
(Property produced and sworn to.)
Prisoner's Defence. I live close to Boston-street, close to the coach-stand, and am in the habit of standing round there, as my brother-in-law drives a cab—I often went and stood by his side till he got a job—a man came up with a light drab coat and white buttons—I have seen him several times by the coach-stand—he asked if I wanted to buy a pair of boots—I said I wanted some, but had no money to pay to-night—I had a sovereign, and could not break into it—he said it would be a bargain for me, and he had had them from a gentleman's servant, a friend of his—he pulled out three pairs, and said I should have them for 30s.—I said I could not, as I wanted the money—having a sovereign, he urged me to buy them—he said, "You can buy them, I will let you have them for 25s."—as I was very much in distress, I thought I could make a few shillings by them—I said, "I will give you 25s., I have only got a sovereign, if you will put them into the pawnbroker's"—he went with me, and I asked 1l. of Porter's man for two pairs—he said he could lend me 18s., and knowing me before.
he lent me 1l.—I came out, gave the man the 5s., and hare never seen him from that hour to this—I know him very well by sight, having often seen him in the coach rank—at night, when the officer took me for some velvet, which I took from where I work, he found the 25s. on me, which I had made by the boots—I took one pair round, trying to sell them, but they would not give more for them than I could pawn them for—I was in great distress, which caused me to buy them—my family had nothing to eat scarcely—the sovereign was the produce of the velvet.
GEORGE AVIS . I apprehended him on the 10th of November, in the evening, I found 25s. on him, and I think 2 1/2 d.—it was after dark—just as I brought him out, his landlord came for 19s. rent, and he said that was the money he had kept to pay him with—the prisoner said it was 19s.—the landlord did not say what the amount was—I kept the whole of the money, and brought him to the office—I did not then know of this robbery.
NOT GUILTY .
Before Mr. Baron Gurney.
312. WILLIAM SMITH was indicted for stealing, on the 29th of November, at St. Pancras, 8 spoons, value 5l.; 1 pair of sugar-tongs, value 10s.; one printed book, value 2s.; 1 pair of trowsers, value 20s.; 1 watch, value 1l.; 1 sheet, value 10s.; 1 table-cloth, value 2s., the goods of William Rance; 11 spoons, value 5l. 6s.; 1 pair of sugar-tongs, value 10s.; 1 telescope, value 1l. 5s.; 1 shawl, value 2l.; 1 table-cloth, value 6s.; 2 printed books, value 30s.; and one veil, value 1l. 5s., the goods of James Woodgate; in the dwelling-house of the said William Rance and James Woodgate.
WILLIAM RANCE . I am in partnership with Mr. James Woodgate, and live at the Freemasons' Arms, Sutton-street, King's Cross, St. Pancras. I employed the prisoners' father to paint the house, and the prisoner and he worked at the painting—on the 4th of December, I found two boxes and a chest of drawers broken open—the two boxes were in my bed-room, and the chest of drawers were in Mr. Woodgate's room—I lost from my boxes a quantity of linen, a pair of trowsers, a silver watch, a gold ring, three silk handkerchiefs, a silver pin—I cannot say when I had last noticed the boxes, or the property—they had been out of my sight for some days—I missed some silver spoons the same day from the drawers—there were 19 tea-spoons, 4 table-spoons, 2 pairs of sugar-tongs, 2 caddy-spoons, a shirt, and 5 books—part were in my drawers, and part in my boxes—some of the books were in the boxes—the silver was in the drawer in Woodgate's room—7 tea-spoons, 2 caddy-spoons, and 1 pair of sugar-tongs were mine—the other articles of plate were Woodgate's—I missed them about twelve o'clock, I think, in the day—I did not know who had taken them—the prisoner and his father had worked at the house from the latter end of October, up to the present time—the prisoner had access to both the rooms—on the 4th of December, I missed my property, and directly went to the police-station, to Fryer, the officer, and on the Saturday following I took the prisoner—I did not see him after missing the property, until I took him—he had been at work within a day or two, but after I missed my property he did not come—his father came to my house on the Saturday, and I went to the father's house, and saw the prisoner there—I asked him if he knew any thing of the robbery of my house—he said he knew nothing at all about it—I told him that I had strong suspicions that he knew something concerning it—
that I would leave him with his father and mother half an hour, but he must not leave the house, for I should take him on suspicion—I returned in half an hour—he still denied knowing any thing of it, and I gave him in charge—the value of what I lost is about 11l.
LETITIA WOODGATE . I am the wife of James Woodgate. I lost 7 silver tea-spoons, 3 table-spoons, a silver caddy-spoon, and sugar-tongs—I had not seen them for a month—they were in my bed-room drawer, which was locked—I found it broken open on the 4th of December—the value of all I lost was 12l. or 13l.—there was a telescope, a shawl, a table-cloth, some books, and a veil.
MARY SOPHIA HUNT . I was an unfortunate girl, and lived with the prisoner—he visited me at my lodging—the first thing he brought me was a black lace veil—I cannot recollect when it was—it was a long time before he was taken up—I dare say it is six weeks—I wore it a long time, at he gave it to me—after wearing it, I pledged it with Mr. Corder, for 5s.
Prisoner. Q. Did not you know the property was stolen? A. No; I did not—I did not burn the duplicate of a table-cloth and shawl—he burnt it himself—he brought me a yellow crape shawl a long time back.
MARY ANN OWEN . I lived as servant with Hunt, and know the prisoner: he used to come and see her—he brought a sheet and table-cloth, and asked me to pawn them—I pawned than at Blackburn's, in Skinner-street, Somers-Town, for 6s., and gave the money to Hunt—he brought another sheet, which I pawned for 3s.—he brought a table-cloth again, which I pawned for 3s., and a silk handkerchief; which I pawned for 2s.—I gave all the money to Hunt.
EDWARD BULSWORTHY . I am a pawnbroker, living in Aylesbury-street, Clerkenwell. I have a silver watch pawned by a man in the name of John Yates, of Ray-street—I do not know him—it was not the prisoner.
THOMAS MORTON . I live at Mr. Waters's, of Phoenix-street, Somers-town. I have a pair of trowsers, pawned on the 15th of November by a man in the name of William Russell—I believe the prisoner to be the man.
Prisoner's Defence. I deny breaking open the drawers—they were opened by a key procured by the chief witness, Hunt—I deny stealing the yellow silk shawl, blue handkerchief, pair of brown kid gloves, and gold ring—that property she stole herself from Mrs. Woodgate's bed-room, and the gold ring from Mr. Rance's bed-room—I did not see them till she showed them to me in the evening—I asked where she got them from—she told me, and I asked her to let me take them back—she told me to go and be hanged, and unless I brought something more, she would do all she could to send me out of the country. A gentleman, named Parker, gave information about it to the policeman—I wish to know why he is not at the bar—he was the chief receiver of the property—he sold the plate to a smelter in Wilderness-row—one lot for 18s., another for 12s., and another for 8s.
MRS. WOODGATE re-examined. I never saw Hunt at the house.
(William Smith, Samuel Richards, Thomas Harris, and William Robert Heath, deposed to the prisoner's good character.)
GUILTY of larceny. Aged 21.— Transported for Seven Years.
GUILTY .— Transported for Seven Years more.
Before Mr. Justice Littledale.
MESSRS CLARKSON and GURNEY conducted the Prosecution.
CHARLES BURLS . I am secretary to the Gas Light and Coke Company. They have a station in Horseferry-road, Westminster—the prisoner was a collector—his district included the Albany and the parish of St. George, Hanover-square—the rents were collected quarterly—it was his duty, after collecting the money, to return to the office at Westminster, and enter those sums from his collecting-book into a cash-book at the office—this is one of his collecting-books (looking at one)—he enters the names of the debtors to the Company here, before he receives the money—when he receives it, he enters the date and the amount—he attends weekly at the office—he enters in the cash-book what he receives, and from whom—he then signs the account—there is also an abstract of the sums received, made and signed by him—this is his collecting-book to June last—here are two sums of 34l. 13s. each, entered as due from the Albany.
Q. If these sums were received by the prisoner on the 16th of June, what was it his duty to do? A. To enter them in this book as received—these are not so entered—it would not be his duty to enter more than the sums he received, he should enter the date—he attended at the office at the close of that week to make up his accounts—if on the week following the 16th of June he had received any sums, he should have entered them—the entries of that week are signed by the prisoner—if he had received these two sums in June, they ought to appear in this column of the abstract, under the head of "Public Accounts received"—it is divided into public and private accounts—those sums do not appear here.
Q. If on the 26th of September he received 2102l. 10s. from the parish of St. George, Hanover-square, ought that to appear in this book? A. Certainly—it does not appear, but the sum of 2101l. 18s. 8d. is entered, which is composed of the quarter due at Lady-day 1050l. 10s. 2d., and the quarter to Midsummer 1051l. 8s. 6d.—there is no return made of the quarter ending at Michaelmas—there is no return of the sum of 1051l. 1s. 6d. for Michaelmas—it does not appear in the abstract—this is the weekly book, signed by him—it does not appear in that.
COURT. Q. This sum ought to have appeared in both those documents? A. Certainly.
MR. GURNET. Q. Previous to the 4th of this month had you made any inquiry of the officers of the Company? A. Yes; and in consequence of what I learned, I summoned Mr. Autey to attend the office in Bridge-street—he attended on a Thursday, I think, the 4th of this month—the Committee of Accounts, who were then sitting, put questions to him—I had prepared a list of sum's, which I have here, and he was called upon to explain discrepancies in the accounts; he was first asked----
Cross-examined by MR. PHILLIPS. Q. Was he not told that it would be to his interest to make a full statement? A. No: not in my presence.
MR. GURNEY. Q. What question was put to him? A. First, whether he had received the Albany account to Midsummer—he said he had—he was then asked if he had received the account of the parish of St. George, Hanover-square, to Michaelmas, 1834—the turn of 1051l. 1s. 6d. was mentioned—he said he had—he was then asked what he had done with the money—he said he could not tell, he had a large family—there were other sums mentioned to him.
MR. PHILLIPS. Q. Was a gentleman named Bateman in the room? A. Yes, he is one of the directors—he did not say he had better make a full confession.
WILLIAM BATEMAN, ESQ . I am one of the directors of this Company. I was present at the committee of accounts, when the prisoner was brought before them—there was a discussion about the receipt of various sums by him—I requested him to state the whole amount of his defalcation, but without any pledge or promise of any kind—I said nothing about his being given into custody—I did not say it would be better for him to be candid—I desired him to be candid and give a correct account, because, as one of the committee, I was anxious to give a correct account to the Company.
MR. GURNEY to MR. BURLS. Q. Was any other question put to the prisoner? A. He was asked to state the amount of hit deficit—he said he could not at the moment—he was then asked whether it was as much as 3000l.—he said, No, it was about 2,500l.
Cross-examined. Q. How many of the committee were present? A. There were four present, but I believe only (Mr. Bateman) questioned him—I am not aware that any one put a question to him beside—I summoned him to attend, and stated that it was to attend the committee of accounts—that was not a usual summons, but he attended promptly and fairly—I suppose the prisoner might receive about 25,000l. in the course of a year, in divers sums, large and small—I should say it was not likely mistakes could be made in the accounts—Mr. Autey was remarkably correct."
Q. Was he allowed to deposit the sums he received at his own private banker's? A. I believe he did—I am not aware that the directors knew of it—I did not then know that every payment he made to the Company was by a cheque on his own bankers, but I know it now—I am not aware
of any rule to prohibit the collecting clerks holding more than 100l. in their hands—I am not aware of any specified amount which they might keep in their hands—the business is conducted at three different stations—I am secretary to the Company generally—I know of no such rule—there are arrear collectors, to collect the arrears of the collector's books—I think it is their business to collect private accounts—I will not swear that they do not collect public accounts—a gentleman named Suffield is chief clerk in the light office—it was his duty to collect the returns made during the current quarter—it is his duty to transfer any arrears into the arrear collector's books—I think the prisoner has been in the Company's employ sixteen or seventeen years—I do not know him in private.
COURT. Q. What are the two sums in this book, £1050,10s. 2d., and £1051, 8s. 6d.? A. These are the sums due for the two quarters, and against them is written 26—9, meaning the 26th of September.
MR. PHILLIPS. Q. These books were, of course, regularly handed to you? A. No, not to me, to the collector—the prisoner made out his account, and handed it to the collector—I have seen the receipt of what he had received, and he admitted that he had received it at the committee of accounts—that he had received the two sums amounting to 2102l. 10s. on the 26th of September.
COURT. Q. Do you mean that he stated that he had received those sums that day, or that on that day he had funds amounting to that sum? A. He admitted that he had received, on the 26th of September, of the parish of St. George, Hanover-square, two sums amounting to 2102l. 10s.
Q. Then was the parish of St. George, Hanover-square, one quarter in arrear? A. No, the Lady Day quarter he made no return of having received—when he received these two sums, he made a return for the Lady-day and Midsummer quarters, whereas, in point of fact, he that day received the Midsummer and the Michaelmas quarters.
MR. PHILLIPS. Q. When was it the duty of the collectors to return their accounts to the arrears collectors? A. I believe there was no regular time, it was left to their discretion—the arrear collector was not a check on the other collectors, but to collect those accounts which would require more time than the other collectors could give—there have been three different arrear collectors appointed—I believe the prisoner has a large family—he had an opportunity of absconding if he had chosen.
MR. CLARKSON. Q. You have been asked upon the subject of mistakes—when the prisoner was asked those questions before the committee of accounts, did he allege that he had made any mistakes? A. Not at all—the collecting clerk should pay his monies in when he received it, not at his own discretion—if he had received the Lady-day quarter in March, he certainly ought to have entered it—the Lady-day and Midsummer quarters due from St. George, Hanover-square, do not make the same aggregate as the quarters of Midsummer and Michaelmas do—I think the difference is 8s. 6d. or 8s. 8d.—he inserts on the 26th of September, the sums arising from Lady-day and Midsummer, and has omitted the Michaelmas quarter entirely—he received on that day 2,102l. 10s., being the amount for Midsummer and Michaelmas, and has entered 2,101l. 18s. 8d., being the amount of Lady-day and Midsummer—in this book the account of St. George, Hanover-square, to Michaelmas, is 1051l. 1s. 6d.—it is entered as a debt, and not paid, and this is one of the items on which he was examined before the committee of accounts, which he admitted he had received—and when asked what he had done with the money, said he did not know.
COURT. Q. If the September quarter did not become due till the 29th, how could you expect it should appear in this book on the 26th? A. It does not appear.
MR. PHILLIPS. Q. When does it appear as a debt? A. On the 29th.
WILLIAM THOMAS LUXMOORE . I reside in the Albany. The Gas Light and Coke Company were employed to light that place—on the 16th of June I paid the prisoner, on account of the Gas Light and Coke Company, 69l. 6s., by a cheque on Drummonds the bankers.
MR. LUXMOORE. This is the cheque I gave him.
Cross-examined. Q. I believe the prisoner gave you a receipt at once? A. Yes.
MR. CLARKSON. Q. Was the receipt on a wrong stamp? A. I believe it was—this is it.
MR. BURLS re-examined. I could not swear to the prisoner's hand-writing.
Cross-examined. Q. Have you not been swearing to his handwriting all the evening? A. I have never seen him write—I believe the entries to be his writing.
ROBERT LEES . I am clerk to the paving-board of the parish of St. George, Hanover-square. We are supplied with gas from the Gas Light Company—on the 24th of March last, I paid the prisoner 1,050l. 10s. 2d., by a cheque on Messrs. Drummonds—I drew the cheque—it was signed by three committee-men, and I counter-signed it—it was for gas supplied from Christmas to the 25th of Marsh, 1834—the next payment I made to the prisoner was on the 26th of September, when I paid him 1,051l. 8s. 6d. for the quarter ending in Midsummer; and 1,051l. 1s. 6d. for the quarter ending at Michaelmas, making a total of 2,102l. 10s.—I paid it on the 26th of September, for the convenience of the parish—I took receipts of the prisoner on each occasion—these are the three receipts.
MR. LEES. These are the cheques I gave the prisoner.
Cross-examined. Q. Was it at your suggestion that the prisoner received this money before it was actually due to the Company? A. It was for the convenience of the Committee, that they might make up their accounts—I believe I might suggest it.
MR. BURLS re-examined. If he had received, on the 26th of September, a sum not due till the 29th, it was his duty to account for it within the week.
THOMAS HERDSFIELD . I am a City officer. I took the prisoner on Thursday, the 4th of December, in Bridge-street, Blackfriars—I found some papers on him—I took him to Giltspur-street Compter; and, on the 10th, after he was committed, as I was taking him to Newgate, he asked me if I thought he should be as comfortable there as he had been at Giltspur-street—I told him I thought he would—he said, "I shall give no trouble; I intend to plead guilty"—I believe that was all he said, except desiring me to call for his coat and bundle.
Cross-examined. Q. Have you related all that you stated to this gentleman before? A. I think I have—I do not know of any thing more—
I did not mention any specific sum that he was charged with taking.
(The receipts were here put in and read.)
Prisoner's Defence. The accounts of the Company had got into such an intricate state for some years past, that I must throw myself on the mercy of the Jury.
(Thirty-one respectable witnesses deposed to the prisoner's previous good character.)
GUILTY . Aged 10.—(Recommended to mercy by the Jury in consequence of his good character, and thinking there had been gross negligence on the part of the Company in not attending to their accounts better.)— Transported for Seven Years.
NEW COURT.—Friday, December 19th, 1834.
Fifth Jury, before Mr. Common Sergeant.
NOT GUILTY .
First Jury, before Mr. Common Sergeant.
HILL— GUILTY . Aged 46.— Confined Two Years.
KRAAS— GUILTY . Aged 19.— Confined one Month.
JAMES COLLIER . I live in Worship-square, and am a coffee-roaster. The prisoner has been in my employ—on a Saturday morning in November, I placed myself on a stair-case, from whence I could have a view of my warehouse—I saw Reynolds take some coffee and hand it down a stair-case—I left the window, went to the back of the premises, and met the prisoner coming out of the yard—I asked him what he had got—he said nothing, but showed me a small paper, made up like a pack of cards—I said, "That will not do; what have you got in your hat?"—he took it off, and it had in it a small bag containing about 2 3/4 lbs. of raw coffee—he then said he brought it to be roasted—I said, "Why then take it away raw?"—he said no more—I then said to Reynolds, "Now my suspicions are realized"—he said a man brought it to be roasted—I said, "As God is my Judge, I saw you take it out of this bag"—Reynolds then went away, and I gave the prisoner into custody.
Cross-examined by MR. DOANE. Q. Did the prisoner sleep on the premises? A. No, he came occasionally to do any work—he was not a regular servant—I had employed him some time, and entertained a good opinion of him—Reynolds was my foreman—he exercised a sort of control over those employed, when I was not there—it was Reynolds that took the coffee—I saw him hand it to some person on the stair-case.
WILLIAM ATTFIELD . I am an officer. I took the prisoner—I have the coffee and the bag—the prisoner said it was his bag, and he brought the coffee from the warehouse, but he took it there to be roasted—I asked who he got it of—he said he would not tell me.
(John Irons, of Paternoster-row, a shoemaker, and John Gilbert, a porter, gave the prisoner a good character.)
GUILTY . Aged 39.— Confined Six Months.
WILLIAM THOMAS . I am a ship-carpenter. I came on shore on the 15th of December—I met with a woman of the town—I went with her to the Crooked Billet, and then went home with her—she pawned my jacket, and it was released again—I gave her a £5 note to get it—she brought it to the place I was at—I put the jacket on the chest, and my shoes by the side, when I went to bed—I slept by myself, and the next morning I missed the shoes and jacket, and the woman was gone—I went out, and found her and the prisoner at the Coach and Horses—I asked her for my jacket—she said some one had taken it, but there was no fear but it would be returned before night—I went home and made a fire—the policeman gave me information afterwards.
Cross-examined by MR. PHILLIPS. Q. Did not the prisoner sleep with you? A. She did the first night, but not the second—it was a common brothel, any one could go in, I suppose—I put out the candle—I did not lock the door—I was the worse for drink—the woman had been with me the greater part of the day—I had been in two or three public-houses, and was tipsy.
JOHN MURRAY (police-constable K 178.) I saw the prosecutor on the morning in question, but I had before seen the prisoner with these shoes in his bosom—I asked what he had got—he said, nothing—I took them from him—he said he brought them from home.
Cross-examined. Q. How long had you hadthem? A. I had bought them on the Tuesday—I have so mark on them—I bought them in Gravel-lane.
COURT. Q. How can you swear to the shoes? A. This prisoner was in company in the house—he went with me to the docks, and assisted in getting my tools—he was there when I tried to get the shoes on, and could not.
NOT GUILTY .
Fifth Jury, before Mr. Common Sergeant.
CHARLES SCOTCHMER (police-constable G 125.) On Friday evening, the 12th of December, I stopped the prisoner in Goswell-street-road, with this floor-cloth—he said he brought it from home—that his mother had sent him with it to his master's shop—I took him to the station-house, and then went to his mother, who denied all knowledge of it.
Prisoner's Defence. I met two men at the top of the City-road, who asked me to carry this, and the officer took me.
NOT GUILTY .
320. JAMES COLLINS was indicted for stealing, on the 11th of December, 1 carpet-bag, value 7s.; 1 pair of trowsers, value 10s.; 1 pair of boots, value 8s.; 2 handkerchiefs, value 4s.; 2 collars, value 8d.; 1 hair-brush, value 4d.; and 1 cravat, value 6d.; the goods of George Marshall.
JOSEPH NICHOLLS . I live in Coleman-street, and am an ostler. On the 11th of December I was there, Mr. Marshall came and desired me to send this carpet-bag to No. 3, Cross-lane, St. Mary-hill—the prisoner came there with a man to help to unload, and I gave him 1s. to carry the bag.
SAMUEL TILLETT . I keep a public-house. The prisoner came that day, and put down this bag, and asked me to take care of it—he came again it the afternoon and asked for it—I told him he had three pints of beer to pay for—he said, "Give me the bag, I will bring the money"—I hesitated about letting him have it—he then asked my permission to come into the bar, and take some articles out of the bag—he came and took a pair of trowsers and a pair of boots, and went and pawned them—while he was gone, I sent for an officer, who took him.
Prisoner. Q. Did not you open the bag with the poker? A. No.
GUILTY . Aged 22.— Transported for Seven Years.
321. GEORGE KAIN and GEORGE SMITH were indicted for stealing, on the 11th of December, 1 iron stove, value 5s.; and 1 pair of iron covings, value 4s., the goods of Robert Brown, and fixed to a building.
ROBERT BROWN . I have a house which is not occupied, in the Commercial-road—I missed this stove and covings, which were fixed there—I believe them to be mine—I saw them on Thursday morning, and they were missed that evening.
GEORGE SPINK . I am a bricklayer, and was at work at this building on Thursday evening, the 11th of December—I left at six o'clock—this stove and covings were then safe in the top-room—the next morning I went at seven o'clock—I found the back door open, and a square of glass broken—I missed the stove and covings—these are them.
CHARLES HAGAN (police-constable K 271.) At eight o'clock that evening, I saw the two prisoners walking along High-street, Wapping—one had the stove, and the other the covings—I asked where they got them—Smith said from his mother at Blackwall.
Kain's Defence. We met a strange man, with this stove and covings—he said he had brought them a good way, and was tired—he said if we would accept of them, we might have them—we took them home, and on the next evening, we were going to a broker's shop, and were stopped with them.
KAIN†— GUILTY . Aged 24.
SMITH†— GUILTY . Aged 24.
Transported for Seven Years.
Saturday till the Friday following—they then left without notice—I found their key under the door—I then missed the sheets, blankets, and the other articles stated—these are them—they had been let with the lodgings.
(Property produced and swern to.)
Prisoner's Defence. The man I was living with, took the things, and I pawned them, because he ill-used me and made me—I was not married to him.
GUILTY . Aged 24.— Confined One Year.
ELIZABETH SEABOULD . I am the wife of Frederick Seabould, of No. 7, Martha-street, St. George's. On the 14th of September, the prisoner took a room of me, as a married woman—she left on the 27th, without notice—the person she lived with, left the Friday before—I went into the room, and missed one blanket and one sheet—these are them.
Prisoner. I own the things were pawned by me, but the man was with me—he left me on the Friday, and I went on Monday to look for him.
GUILTY . Aged 24.
CHARLES MALLARD . I live in Chapel-street, and am a labourer in leadenhall-market. I was near Mr. Bewley's shop on the morning of the 17th of December. I saw the prisoner take some rabbits off the rail—I told Thomas who ran and took him.
Prisoner. You found nothing on me—you ran back, and found the rabbits. Witness. No; I found them on you—you dropped them.
GUILTY . Aged 40.— Confined Six Months.
STEPHEN LAWRENCE . I am an extra-man at Mr. Peter Piges. On the 12th of December, this copper kettle was on his stall—I missed it when I was told of it—I pursued the prisoner, and saw the spout of the kettle poking out under the tail of his coat—I stopped him, and asked him whether he saw any one with a copper kettle—"Copper kettle" says he, "Copper kettle! no"—I collared him—he gave me the kettle—I let him go, as I did not like to tackle him in a lonesome place—I brought the kettle back, and told the policeman—we went and took him.
Cross-examined by MR. DOANE. Q. What time of the day was this?
A. Between six and seven in the evening—it was dark—I did not so much look at the prisoner, but I had him in my mind—he was intoxicated—my master is not here—his name is Pige—some pronounce it one way, some another—the prisoner did not say he picked the kettle up—it was a starlight night—the stall is opposite the shop—I had seen it safe not two minutes before.
Cross-examined. Q. Did he not say he had picked it up? A. No; he said the witness was mistaken—he was not the man—I took him in about a quarter of an hour after the witness spoke to me, in Collingwood-street.
(Charles Mapp, a weaver, of Nicholl-street, Bethnal-green, and——Durant, gave the prisoner a good character.)
GUILTY .† Aged 23.— Confined One Year.
JOHN MEREDITH LILWALL . I live in Regent-street. On the 16th of December, I was opposite St. Giles's church, at twenty minutes past six o'clock—I felt a tug at my pocket—I turned, and saw the prisoner with my handkerchief in his hand—he ran off—as soon as I got my hand disengaged, I pursued him, crying, "Stop thief"—he was taken, but the handkerchief was gone—I swear he is the person.
Prisoner. That is the one I had in my hand.
MR. LILWALL. I am positive this is not the one he had in his hand—it was mine.
(William Crookbain, of Upper Gardner-street, and Mrs. Coppleston, the prisoner's aunt, gave him a good character.)
GUILTY . Aged 19.— Confined Two Months.
KENT LARCENIES, &c.
Second Jury, before Mr. Sergeant Arabin.
GUILTY .— Confined Two Years.
Second Jury, before Mr. Recorder.
MARY MORIARTY . I am the wife of John Moriarty, and live in Stable-yard, Greenwich; we occupy the whole house. On Saturday, the 6th of December, my husband got into a scrape about a row, and was taken to the cage—I went out next morning to try and get him bailed, and left the prisoner in charge of the house—I returned home about four or five o'clock—I found a woman named Mary Quin, who lodges in the house, at home; and my husband had come home—I found my box broken open, and missed 6 sovereigns out of it—I had seen them the day before—I kept them in a tea-caddy, in the box—the caddy had no lock—I found the caddy still in the box—I had the key of the box in my pocket—the
prisoner was gone when I came back—she knew I kept the money in that box—she had seen me take £1 out of it that same week to give to a person—I told her myself to take it out of the box—I have part of the lock of the box here—I found it broken.
CATHERINE KING . I am the wife of John King, who is a sawyer, and lives in Mill-lane, Deptford. On Sunday, the 7th of December, I saw the prisoner—she had formerly lived at my house—she came between twelve and one o'clock to pay me 4s. which she owed my father—she gave me a sovereign to change—I got change, and brought it to her—I gave her the rest of the change—she dined with me, and, before she left the house, gave me 5l. 12s. to mind for her—she came for it between eight and nine o'clock next morning, and went away with it—on Tuesday, about dinner time, she came in, and put on a new net cap—she told me she had got the money from her brother, who is a sailor, and who had been at sea seven years; and he had given her 6l.—she said that on Sunday; and said she must be careful of it, for he worked hard for it—I do not know whether she has a brother.
Prisoner. My brother and two more shipmates were with me in her house. Witness. A lodger of mine saw three sailors knocking at the Fountain—I did not see them—my lodger mentioned it in her presence—she said the fairest of them was her brother—she said she had just left them.
MARY QUIN . I am the wife of Michael Quin, and lodge at Moriarty's. On Sunday morning, the 7th of December, I went to the cage to help to get bail for her husband—we got him bail, and then went and got something to drink—when we got home, we found the husband at home, and the prisoner was then sitting by the fire in the room—she got up, and went out, as I came in—she came back in the afternoon—I asked her what made her go out—she said she only went round the corner—she then went to bed in the same house, and got up in the morning and went away—she lodged in the house—she went out to get a bonnet on Monday morning, then came back, went out again, and did not return—there were people in the house—when I came back on Sunday the prisoner was in the house alone—the people had gone in with me—Moriarty had gone in with me—he was there when his wife came in—she had stopped outside, talking to the women in the street—the prisoner and an old lady, who is not here, were in the house—I did not see any body in the kitchen but the prisoner—I have not said that Moriarty was there when I went in—he went in with me—this is my mark on the depositions, but I cannot read—it was read over to me.
Q. Did not you state before the magistrate, "We were gone an hour or two—when we returned we found Moriarty at home, and several persons in the house besides?" A. Yes; we went in together—who came in first I cannot tell—the wife was outside when we went in—I went home with the husband—the gentleman who bailed him out went in with him, named Prindeville—we all went in together, except an old woman—Mrs. Moriarty came in after us—I never heard of her loss till I was in bed—I saw her boy there, but I did not hear of the box being broken open—we said nothing about it at the time we came in—my husband told me of it at night—I never heard of it till I was in bed on the same night between seven and eight o'clock—I slept in the house—he came up stairs, and told me the box was opened, and Mrs. Moriarty was robbed of some money—I thought it was a joke until the morning—I heard that the prisoner had been seen with sovereigns last Saturday—I lent her an article which she
did not return—I went to inquire for her, and they told me she had taken the money.
MRS. MORIARTY re-examined. There is no one here who saw me in possession of the six sovereigns—any body might know I had them in my box—I have had no quarrel with the prisoner—the prisoner had gone out when I came in—I found out my loss about four or five hours after I got into the house.
Q. Have you not sworn before the magistrate, that as soon as you came in, your boy ran to you, and told you of it? A. Yes; my boy ran to me—I cannot speak to an hour.
Prisoner. Did not you put your husband in gaol, charging him with stealing this money? Witness. No; the prisoner was not sitting by the fire when I came in at night—any thing that I said before the magistrate, I will say here.
(The deposition of the witness being here read, stated, "As soon as I came in, my boy told me my box was broken open." Mary Quin's deposition stated, "When I returned, I found Moriarty at home, and several persons in the house besides, in the down stairs room—the prisoner was among them—as soon as I went in, the prisoner got up and went out and in about an hour came back—I asked why she went out—she said she had been round the corner, &c.")
Prisoner to MRS. MORIARTY. Q. Did you not leave Mr. Taylor and Quin, in charge of the house? your son and I were sitting by the fire—when they came in I was ashamed to be seen such a dirty figure. A. I left you in charge of the house.
CATHERINE KING re-examined. The prisoner came to me on Sunday about twelve o'clock—she was very dirty, more so than I had ever seen her—she staid till about two o'clock, and went over Deptford-bridge, to Greenwich—I live about a mile from Moriarty—she left the money with me at that time.
MARY QUIN re-examined. It was not quite twelve o'clock when I got home to Moriarty's house—the prisoner was then there, and several were in the house who the man had sent in—I was in a hurry to get the dinner to the baker's, and did not take notice—I did not hear Moriarty told that the box was broken open—some friends of mine came to see me, and I went out with them—I did not hear that her box had been broken open, till my husband came to bed, and I thought it was only his gammon—I never saw Mrs. Moriarty with six sovereigns, but she had said she had five or six sovereigns for her rent—I never said Mr. Moriarty, her husband, had been seen to take the money—I have said I dare say he might have taken it, before the prisoner was suspected of it—the prisoner told me on Sunday morning there was a quarrel between Mrs. Moriarty and her, but I was not present, and I do not know what about.
CATHERINE KING re-examined. I saw the prisoner after she got her money, but she was dressed as usual—she had nothing different but her bonnet, and that had been cleaned—it had the same ribbon on it—the cap would cost very little—it is a common net cap.
Prisoner. She knows that the washer women were in the house at the time—I was in the house her friends came in, and they began quarrelling—I staid in that house the whole blessed evening—it was late next morning when I got up and got my breakfast—I said to her on Saturday morning before this happened, "Another night I will never sleep in Mrs. Moriarty's
house, for her abuse of me was shameful—Quin said, "No, and if I could get another place, I would never stop in her house."
Prisoner. There was a man and women in bed in the very room where the box was.
MRS. MORIARTY. It was a man and woman who asked for a lodging that night, and went away in the morning before I went out—they did not sleep in the room the box was in—a stranger slept in the room the box was in.
NOT GUILTY .
Fourth Jury, before Mr. Sergeant Arabin.
JOHN ALISON . I keep the Lord Nelson, in East-street, Trafalgar-road, Greenwich. The prisoner was my servant for about four months—I had suspicion, and on the 3rd of December I marked fourteen half-crowns and one crown-piece—I put them into a bag with some other silver in a cupboard, which I locked, and put the key in my pocket—I went to the cupboard again the next evening—I missed nine of the marked half-crowns and four shillings—the shillings were not marked, but I knew how much there was—this was after eleven o'clock—the prisoner was gone up to bed—I went up and met her at her bed-room door—I said I had come on an unpleasant business, I wanted to see the contents of her portmanteau—she hesitated—but I said, "You had better do it, for if you do not, I will send for an officer"—she then turned out the contents of her box, and put her hand into her pocket, and gave me these nine marked half-crowns—she said they were mine, and the money in her portmanteau also—it all amounted to about 7l.
Cross-examined by MR. PHILLIPS. Q. Then she gave you up not only those nine half-crowns that were marked, but all the others? A. Yes, nearly 7l., and told me it was mine—I put these nine half-crowns into my pocket, but the rest of the money is spent in the business—I discharged her the next day—I had no desire to prosecute—I had done with it.
WILLIAM DYKE (police-constable R 193.) I heard of this on the 9th of December—I went to the prosecutor, and asked him what he had lost—he said a great deal of money, and some clothes as well—he said he had, discharged her, and should have taken no more notice of it, but she had been walking past his door, and had annoyed him in every shape—I went and apprehended the prisoner going towards her home—I told her I wanted to speak to her—she went with me, and gave up the keys of her trunk—I saw her putting something away—I asked what it was—she said linen, not proper for me to see—I said I would see it—I found it was a purse with 29 half-crowns in it.
Cross-examined. Q. You have kept it ever since? A. Yes—she gave up a necklace to the serjeant—the prosecutor did not claim that, but his sister-in-law said she had seen the prisoner with such a necklace.
Cross-examined. Q. If she did not answer, why did you say she said she did not know? A. I did not give it a thought at the moment—it was a mistake of mine.
Prisoner's Defence. I gave every thing up that I had taken from my master.
(George Milliam, a butcher, of Whitecross-street, gave the prisoner a good character, and promised to employ her.)
GUILTY . Aged 17.—Recommended to mercy by the Jury.— Confined Six Months.
Fifth Jury, before Mr. Common Sergeant.
ANDREW FRAYER . I am a mariner. The prisoner was a shipmate of mine—on the 30th of November I went to Deptford to lodge with him—Mr. Jackson, my captain, had paid me 1l. 6s.—I had changed the sovereign, and had a half-sovereign and a crown-piece—in the middle of the night, the prisoner got up, and was searching for a chaw of tobacco in my jacket pocket—I called to know what he was about—he said he was only going to the back door—I told him to lie still, as it was not daylight, and when it was, we could go and get a cup of coffee together, but he put on his clothes, and went down—he went out at the fore door instead of the back door—I got up in about a quarter of an hour, and missed my money, which I had in my jacket pocket the night before—I went out, and found him in Ratcliff-highway, about church time—he asked what I wanted—I asked if he had any of my money—he said no, he knew nothing about it, and told me to go to hell—I know my money was safe when I went to bed, and no one had been in the room.
JOHNSON BARRY . The prosecutor and prisoner came to me, and took a room—they went to bed in one bed—I heard some one go down stairs—I put on my coat, and ran down—I saw the prisoner endeavouring to get out at the street door—I asked what he wanted, and he said to go backwards—I let him out at the back door—he got over the palings, and made sail.
Prisoner's Defence. We were both drinking, and went to bed between ten and eleven o'clock—I got a chaw of tobacco, and turned in again—I then went down into the back yard, jumped over the fence, and came up to London—he met me between twelve and one o'clock, and asked me what I had done with the money, but I had not seen it.
GUILTY . Aged 30.— Confined Six Months.
JOHN JUTSUM . I keep the Red Lion public-house, East-street, Green-wich. This tumbler is one of mine—it has my name on it, in my own handwriting—I have lost two or three dozen glasses a week for this eight months—ever since I have been in the house—the glasses I first had were marked by the person who had the house before me, but for the last six months I have marked my glasses with my own name—I do not know when I lost this glass.
Prisoner's Defence. I bought it in Rosemary-lane, five months ago.
NOT GUILTY .
SURREY LARCENIES, &c.
First Jury, before Mr. Recorder.
THOMAS HOLLAMBY . I live at Pensherst, Kent, and am servant to Ann Pott. On the 26th of November, I saw the two ewes and two lambs at the station-house, Union-hall—they were the property of Mrs. Pott—I was her servant at the time—I had seen them on her premises, to the best of my knowledge, on Thursday morning, the 20th of November, at Pensherst, which is thirty-two miles from town—one ewe had a mark—it was sheared about three parts along the back and down the side—it was shorn the first time about the middle of May, but the fly had taken it, and I sheared it three parts along the back and down the side, in consequence of that—there was no particular mark on the other three—I am certain they belong to Mrs. Pott—I did not miss them till I heard they were stopped in or near London—I heard that on the Monday, the day before—I know the prisoner very well—he lived near Pensherst, and belongs to Chiltington, which is the adjoining parish.
PETER KENDALL (police-constable P 120.) On Friday, the 21st of November, about eleven o'clock in the morning, I was in the London-road, St. George the Martyr, Southwark, and saw the prisoner with a horse and cart, and four sheep in it—he was leading the horse along the road, as it seemed very tired—I asked him where he was going with the sheep—he said to Smithfield—I asked who lie was going to take them to there—he said, "Mr. Smith, a salesman"—I assisted Collier in taking him into custody—I searched him at the station-house, and found two turnpike tickets in his pocket, one of Kennington gate, and one of Godstone, Surrey—he said he had come through those gates that morning—I have the tickets here—I observed his horse's feet—I think it had one shoe off—it appeared very tired indeed—he said he could hardly get it on, and that it was quite knocked up, coming so far.
JOHN COLLIER . I am a policeman. A little after eleven o'clock on the morning of Friday, the 21st of November, I was with Kendall, and saw the prisoner pass in the London-road, leading a horse and cart, containing four her by a gentleman—I found this gown in a box unlocked, in a lower room
live sheep—I looked round the cart, and saw two different addresses on it, which caused my suspicion—on one side was "Charles Franklin, Battle-Bridge, Middlesex," and on the back was "Charles Franklin, Woodcutter, Liverpool-road, Islington"—I asked the prisoner if the sheep were for sale—he said they would he when he got to Smithfield—I told him I was an officer, and he need not answer me any questions unless he pleased, as I suspected the sheep had been stolen—I then asked where he came from—he said, "From the borders of Sussex"—I said the borders of Sussex were a long way round, could he not tell me nearer than that—he said you know Cookfield, Lipfield, and some other places which I do not recollect—I said, "You can't come from all those places," and asked who he brought the sheep from—he said at first he could not remember the name of the person who sent him with the sheep—shortly after he said it was Mr. Porter, a general dealer, from Blackham-common, and he was going to take them to Mr. Smith, a salesman, at Smithfield—that Mr. Porter had sent them up as an experiment, and he was to have had 17s. for bringing them up—I asked him if he had any letter to the salesman—he said the sheep were to be sold by Smith, who was to get what he could for them, and he was to take back what money they fetched—I told him it was the general practice to mark sheep when sent to Smithfield for sale—he said he was ordered not to mark them till he got into Smithfield—at the station-house I found two pieces of cord in his hat, with a portion of wool on them, and some red ochre in his pocket—the cords appeared as if they had been tying sheep—red ochre is used in marking sheep—I have the skin of one of the sheep, which the bailiff swore to when it was alive—the butcher gave it over to me—the sheep have been slaughtered since last Sessions, when the trial was put off.
Prisoner. I told him I was not to mark them till I got to Smithfield; and the salesman would do it himself—I do not know the names of some places he has mentioned—two or three people asked me if I came through this and that place. Witness. He did not say the salesman would do it himself—when he said he came from the borders of Sussex, I said, could he not tell me something nearer; and he mentioned those places himself—he said at the station-house that he lived at Chiltington, and he knew he was wrong in not having his name on the cart—that he bought it in Smithfield twelve months ago.
Prisoner's Defence. I was standing in the road between Penshurst and Tunbridge Wells—John Porter came and asked me how much I would take four sheep to London for—I agreed to take them, and I asked him to let me take them that night; and he said if I started by eleven or twelve o'clock, it would be sufficient—I went, and this person stopped me—my horse was very tired—I met Porter about eleven o'clock in the morning, and I went to Blackham Common to get the sheep the same evening—I have been in the habit of working with a horse and cart for nine years—I am innocent of knowing they were stolen—I have a wife and five small children.
(Henry Aylward, the prisoner's brother, and Sarah Skinner, gave him a good character.)
GUILTY . Aged 35.— Transported for Life.
Second Jury, before Mr. Recorder.
333. HENRY BROWN was indicted for stealing, on the 29th of November, at St. Mary, Lambeth, Surrey, 1 pocket-book, value 1s.; 1 £20 Bank-note, and 2 £5 Bank-notes; the property of Joseph George Morris, from his person; and MARY ANN WILTON was indicted for feloniously receiving 1 £5 Bank-note, on the same day and at the same parish, part and parcel of the said notes, well knowing them to hare been feloniously stolen.—2nd COUNT, for feloniously receiving the said note of a certain evil-disposed person.
WILLIAM TULLEY . I am clerk to Thomas Somers Cox and Co., bankers, at Charing-cross. On the 2nd of December I received a £5 Bank of England note, dated the 1st of February, 1834—it is not usual for the bank to issue two notes of the same number and date—I believe it was No. 6954—I received it from a shopman of Edward Beasley, who keeps in accouat with us—it was paid in with other money on his account—he lives at No. 5, Chapel-street, Westminster, I believe—I know he lives in Chapel-street, Westminster, but do not know the number—this deposition (looking at it) is signed by me—I do not recollect swearing it was No. 5.
EDMUND BEASLEY . I am a linen-draper, and live at No, 5, Chapel-street; Westminster. I received a £5 note from Richard Wood on Saturday evening, I think, the 29th of November—I sent it to Cox and Co., my bankers—I only sent one £5 note on that occasion.
RICHARD WOOD . I am an apprentice to Mr. Beasley. I recollect the female prisoner coming to master's shop on Saturday, the 29th of November, and purchasing a shawl and other articles, which I have seen since—I believe these to be the goods, (looking at them,) but I have no mark on them, and cannot swear to them—she laid out between 24s. and 25s., and paid me a £5 note—the goods produced are the same sort and appearance—she bought a shawl of the same colour and appearance, and a print and stockings—to the best of my recollection this print is the same pattern, and the shawl has the same appearance—the stockings are the same colour—I gave the identical £5 note to Mr. Beasley which she gave me.
Wilton. I deny it—unless he takes a false oath, he cannot look at me and say I came to his shop and bought any such things. Witness. I have not the least doubt whatever of her—she is such a singular-looking person, nobody can mistake her—I did not mark the note in the hurry of business—I gave it to master immediately after taking it from her, within a minute—he was in a little back room adjoining the shop—I walked directly from her to him—it was between five and six o'clock—the shop was lighted with gas—I had no other £5 note in my possession at the same time.
FREDERICK GROSSMITH . I am an Inspector of the police. The prisoners lived in Great Almonry, Westminster, together—on Monday, lst of December, I saw them in Tothill-street—I do not know of any business which the male prisoner follows—I never saw him at work—I frequently see him about the neighbourhood—I took Wilton into custody, on the 1st of December, and searched the lodgings in her presence—I found all the articles now produced lying on a table in her room, except the shawl, and that was on her back—I saw they were new things, and asked where she bought the shawl—she said she bought it in the Strand, but could not tell me the shop—I asked how she paid for the things, whether with a note or gold—she said she paid for them with two sovereigns which were given to
in the house—she said she had recently taken it out of pawn—it was not quite new—I never saw her wear it, though I have seen her five or six times a day—I asked her if she had paid a £5 note away any where—she said several times she had not.
Wilton. The gown he says I had redeemed, I wore on my back for three weeks before I was taken, constantly, which my landlady can prove—I had it on on Saturday and Sunday—the piece of cotton the linen-draper says we bought of him—I have a gown of it in pawn.
WILLIAM CLIFTON (police-constable B 50.) I saw the prisoners on Monday, the 1st of December, more than once, in Tothill-street, Westminster—I took Brown into custody, and found in the breast pocket of his coat, a pocket-book containing a £20 Bank of England note—I asked where he got it—he said he picked it up, at the foot of Westminster-bridge, on Saturday evening, which would be the 29th of November—this is it.
JAMES REYNOLDS . I keep the Cock and Bottle, Lambeth-walk. I saw the prisoner Brown at my house between three and four o'clock on Saturday, the 29th of November—he brought in some sausages to be cooked—I have seen him before—a person in the tap-room sent out a £20 note to be changed—I looked at it, and took a memorandum of the indorsement of it—I declined changing it—there was "C. Weller" on the face of it—(looking at a note) this is the note—I took down the three figures that were on it, 30, 10, and 34—it was not an indorsement, but written on the face of it—William Lockhart, my waiter, took it back into the tap-room, and immediately after Morris, the prosecutor, came to the bar, and asked me to change the same £20 note—I refused, and then he produced a £5 note, and asked for change for that—I did not have that in my hand—I told him to put it into his pocket, and refused to change it—I asked him into the bar—he came in, and folded the notes up in his pocket-book, and tied it with a string—he went into the tap-room again, and in a quarter of an hour or twenty minutes came to the bar, and said he had lost his pocket-book and notes—he went away—the prisoner had left the house previous to that—he had been sitting the nearest person to the prosecutor—he went, away before the prosecutor complained of his loss—he remained to eat the sausages, and had a glass of grog, and a cigar or something with the prosecutor—I did not know but they were all friends together.
Brown. I was not the nearest person to the prosecutor. Witness. He was—I am sure the £20 note found on the prisoner, is the one the prosecutor offered me to change.
WILLIAM LOCKHART . I am waiter at the Cock and Bottle public-house. On Saturday, the 29th of November, Brown came into the tap-room and had some beef sausages with another man—shortly after, the prosecutor came in, and called for gin and water—he had two glasses, and after that he said, "Can you get me change of a £20 note?"—I said I would ask master—he put it into my hand—I took it to Mr. Reynolds, who called him out, and said he could not change it—shortly after the prosecutor came back, sat down, and went to sleep—the prisoner was then sitting the second man from the prosecutor—some time passed, and then he shifted his seat and sat next to the prosecutor—a little while after that the prisoner left the house—the prosecutor awoke, and found he had been robbed—I had the £20 note in my hand, but I did not notice it at all—a man like a coalheaver had been sitting by the prosecutor, at first—I was in and out of the room twenty or thirty times.
the Cock and Bottle on the 29th of November, between three and four o'clock in the afternoon—Brown was in the tap-room—I asked him to drink some gin and water which I was drinking—he was sitting next but one to me—I asked him to go out and buy me the cut of a dog's head, at a shop just by, which he did, and I gave him the change—I had more gin and water, and he drank with me—I got dozy, but before that I had given the waiter a £20 note to get changed for me—I had two £5 notes—I returned my £20, and two £5 notes to my pocket-book, and put it into my coat pocket—I got dozy, and was laying my head on my hand—I felt the tail of my coat move—I raised up a bit, and saw the prisoner sitting next to me—I shut my eyes again, and very shortly after put my hand down again—I found my pocket-book gone and the prisoner also.
Brown. When you first came in you asked me to drink, which I did—you called for a cigar, and it would not smoke—you asked me to go out and fetch you one, and I did—you asked me to drink again, and in about ten minutes sent me out to buy the cut of a dog's head, which was one shilling—I told you I was out of work—you gave me the rest of the change—three or four glasses were brought in, and one person went away—I sat smoking my pipe by myself for ten minutes. Witness. What you have said is correct—only one person sat between you and me—the prisoner shifted his seat after that—he fetched me a cigar and the dog's head—he was the only person sitting next to me when I lost my pocket-book.
JOHN MOON . I live in Tothill-street, Westminster. I have known Wilton some years about the neighbourhood—about ten o'clock on Sunday morning, the 30th of November, she came to my bar with two females, and called for a quartern of gin—she tendered me a £5 note—I examined it, and asked her where she got it—she said a friend sent it her from the country, that I had changed one for her some years ago, and why would not I change that—I said I had a doubt about it, and I would not change it—I returned it to her, and she paid me for the gin in some other money—it was a very old note—Brown came in at the door two or three minutes after they came in—he just came inside the door, had some conversation with the women, and they all went away together—I think the women accidentally fell into her company, but Brown and the prisoner went away in company—they both talked to the two females while they were there.
JOSEPH GEORGE MORRIS re-examined. This is the £20 note I had in my possession—I know it by the writing in front of it—I know the £5 note by its being torn at the corner, the same as mine was—that is all I know it by—I cannot say it is the same note—it was not torn so much as it is now—I am quite certain of the £20 note.
Wilton's Defence. I deny any knowledge of having offered the note to Moon—I was very much intoxicated, but I do not recollect having a note in my possession—I have no knowledge of having seen it—he knows I was very much intoxicated.
EDWARD BEASLEY re-examined. I did not put any mark on the £5 note Wood handed to me—it was an omission of his not putting an address—I cannot swear it is the note he paid me, but I swear the note he gave me I sent to the bankers, and I sent but one £5 note.
BROWN— GUILTY . Aged 22.— Transported for Life.
WILTON— GUILTY . Aged 20.— Confined One Year.
Third Jury, before Mr. Sergeant Arabin.
JOHN HUNTER . I keep a carpet warehouse, in the Blackfriars-road. On the 9th of December, I saw the prisoner carrying my carpet, about one hundred or one hundred and fifty yards from the house—I asked him what he was going to do with it—he said a gentleman gave him 1d. or a pint of beer to take it to the next turning—I brought him back with it—it was taken from inside my shop.
Prisoner. Q. Was it not standing on the ground at the corner of the street, when you took me? Witness. No, he had it in his possession.
(Property produced and sworn to.)
ROBERT ALFRED DAVIS . I was passing Mr. Hunter's door, and saw the prisoner lifting the carpet on his shoulder, about a yard from the shop door, outside the shop—he carried it away—I went and gave information.
Prisoner's Defence. My employer gave me leave to go to the Strand—I was passing the shop, a man put the carpet on my shoulder, and asked me to carry it—he gave me 2d., which the policeman has—I pointed the man out to the policeman, but he would not go and take him.
JOSEPH ELLIS . I am a policeman. I saw the prisoner with a carpet on his back—I went a few yards further, and saw Mr. Hunter and Davis running after him—when I got up, he had put it down on the pathway—he said a man gave him 1d. to carry it—he did not point any man out to me—I saw nobody but him.
(Henry Brown, shoemaker, gave the prisoner a good character.)
GUILTY of stealing only. Aged 21.— Confined Six Months.
Fourth Jury, before Mr. Common Sergeant.
THOMAS MURLEY . I am a cheesemonger, and live in Lambeth Marsh. About eleven o'clock on Saturday night, the 6th of December, I was standing outside the shop window—I had several hands of pork outside the window—the prisoner was brought to me with one, which I identified to be mine—this is it—I had seen it ten minutes before.
Cross-examined by MR. PHILLIPS. Q. How did you know it? A. I had no mark on it before, I put this mark on it afterwards—it was lying on the board.
EDWARD LANGLEY (police-constable 148.) I was on duty, and saw the prisoner go to several shops—she then went to the prosecutor's, and took the hand of pork off the board—I went and took it from under her shawl—I took her to the prosecutor.
Cross-examined. Q. How near were you to her? A. About four yards—I do not know whether she saw me.
Cross-examined. Q. What time in February was it she was tried? A. I cannot say, but I was there, and had four other prisoners.
The prisoner pleaded poverty.
GUILTY .* Aged 30.— Confined Six Weeks.
Fifth Jury, before Mr. Common Sergeant.
JOHN ROBINSON . I live at Lambeth. The prisoner was my servant—on the 16th of October I was going to send him to Battersea Mills for some barley I had had ground there—Mr. Collyer asked me to send for a sack of flour for him at the same time—he gave me a sovereign, a half-sovereign, and 7s., I believe, but I am sure the sovereign was with the money—I gave it to the prisoner to get the sack of flour, and take it to Mr. Collyer's—he went and got it, and brought my barley-meal—I told him to pay for the flour, and be very particular that it was not put down to my account, as it was not for me—on the Sunday morning following, Mr. Hannet, the proprietor of the mill, called on me, and I asked the prisoner if he had paid for the flour, as there was a dispute about it—he said he had—in the course of the week I told him to go to the mill, and I would meet him there, which I did—I then told Mr. Frost to bring his men forward, that the prisoner might point out who he paid the money to—the men were brought forward—he pointed out Robert Young, and said he had paid him—Young denied it, and asked the prisoner where he had paid him—he pointed to a little desk inside the door.
Cross-examined by MR. CLARKSON. Q. Has the prisoner been in the habit of paying money for you at Frost's before? A. Yes, two or three times—he has been three times in my service, and I never suspected him of dishonesty—he might have gone away if he had been conscious of any thing wrong—he remained from the 16th till the 24th of October with me, but I kept a sharp eye upon him—he told the same story before the magistrate as when he was confronted with Young—I knew him before he was in my service—he lived at Peckham—I never heard any thing against him—he was searched on the 24th, when he was taken to the station-house, but very little was found on him.
ROBERT YOUNG . I am servant to Mr. Frost, at Battersea Mills. I have been there twelve months—I remember the prisoner coming for some flour—he asked for a sack of flour for Mr. Robinson—I delivered him one—I do not know what it came to—I deliver flour and receive money if Mr. Frost is not there—I cannot say what was the value of it—I should not have known till I had asked Mr. Frost—we have various prices—if he had brought the money, I should have taken it, and written a receipt for what he brought—I should have taken what he had given me.
Q. You state it is your practice, when Mr. Frost is out, to deliver flour, and take money? A. Yes, I do occasionally—if any person had come in and wanted a sack of flour, I should have written a receipt according to what he had given me—if Mr. Robinson, had sent a sum, I should have taken it—I should not have been able to fix a price—I should not have thought so low as 37s.—I should not have said under 40s.
Q. Well, now you remember the prisoner coming? A. Yes—he asked for a sack of flour—I told him Mr. Frost was at the Red House—he went to him, and came back and brought me the keys of Mr. Frost's counting-house, and said he was to have a sack of flour—I delivered him one—I and Rock lifted it into his cart, with the quarter of barley-meal—there is a counting-house there—I superintend it in general—I was not in the counting-house that day—I was in the mill—I only went into the counting-house to get the book—Rock did not go in with me, nor the prisoner—the prisoner was in the mill when I wrote the note out for him to take with the sack of flour—I generally get the book from the counting-house,
and write the note in the mill—the prisoner was by my side when I wrote the note—I left him in the mill when I went to the counting-house for the book, and found him in the mill when I returned—it is generally our practice to write the note on the large counter in the mill—Rock was standing near the prisoner when I wrote the note, and I believe he was by him when I went for the book—they were both just in the doorway when I returned—the prisoner did not pay me any money, that I am sure of.
Cross-examined. A. What is it you mean about a note? A. It is a delivery note, on account of Mr. Hannet to Mr. Robinson—the prisoner takes one, and leaves another in the mill—I was before the magistrate—I told him that the prisoner signed the delivery note, and said that he wanted it for Mr. Robinson—this is the note; Mr. Robinson's name is not on it—it shows he received a sack of flour—it is our general custom—it is usual to give a receipt—I never received money without a receipt—I will not swear he has never paid it without—I swear I never take money without giving a receipt.
Q. Do you mean to adhere to the answer, that you never take money without giving a receipt? A. I do not under 40s. give a stamp receipt—I have taken a few shillings without giving a receipt—I will not swear that I have not received 30s. or 35s. without a receipt—I have not received 37s., because it is not our usual way—I cannot tell the price of flour per sack that day—I have always an order for what money I am to receive—it is the custom, that I receive an order what to deliver and what to receive—it did not excite my surprise that I had not an order for what the prisoner was to pay—when he was brought, he pointed me out.
Q. You say that Rock was pretty near the prisoner, will you swear he was in the mill all the time? A. They were both there when I came out, and I left them going into the mill, when I went into the counting-house—I cannot swear that Rock was not outside the mill part of the time—he might have been—I do not know what the price of a sack of flour was—I should not have taken 37s., unless I had gone and asked Mr. Frost the price.
A JUROR. Q. Suppose I bought a sack of flour yesterday, what would you have charged me? A. I should not have known—I should have sent you to Mr. Frost, if he had not been in the mill—if you could not have seen him, I should have asked the price that I thought was right—I should have known within a shilling—it is not worth above 32s. or 33s. now.
COURT. Q. What was it then, as you say you could tell within a shilling? A. I suppose about 40s., I do not know.
MR. CLARKSON. Q. Is the mode in which Mr. Frost conducts his business this, that he leaves you there, and you do not know the price? A. Yes; I do not know exactly—the prisoner did not know me, and yet he charged me with receiving the money.
Q. Did he not add, that "After you and somebody else had carried the two sacks to the cart, we went back, and I put down 1 sovereign, 1 half-sovereign, and 7 shillings on the board, and told you it was the money for the flour—I put it on the right side of the board?" A. Yes.
JUROR. Q. If I had called yesterday, and picked out a sack of flour, what would you have charged me? A. 35s., and given you a receipt.
COURT. Q. Then if the prisoner had paid you any money, should you have given him a receipt also? A. Yes; that is our usual practice always.
MR. CLARKSON. Q. Have you not received monies without a receipt? A. I do not believe I have—I will swear I have not.
JAMES ROCK . I was at the mill when the prisoner came for the flour, and a quarter of barley-meal—Young was there, and he sent the prisoner to the Red House, to master—he brought the keys back, and Young and I weighed him a sack of flour, and delivered it—I did not leave him—I was with Young all the time the prisoner was there—Young and the prisoner and I never separated, nor were out of sight, after the prisoner brought the keys of the counting-house for Young to go and get the book—I did not go to the counting-house.
Q. Did you not separate then? A. Yes, but we had not loaded the flour then—the prisoner did not go to the counting-house—he stopped in the mill with me—Young was not a minute away, and then he came back with the book—we then weighed the flour and loaded it—the prisoner came back with Young and me, and made a note out.
Q. Do you mean to say that the whole time that Edwards was there, you three were altogether, except when Young went to the counting-house? A. Yes; and the prisoner did not pay any money.
Cross-examined. Q. When your master is out, who sells floor? A. Robert Young, when Mr. Matthews, the foreman, is out of the way—Mr. Matthews is an elderly man—there is a man named Humphreys there; but when the foreman and the master are out of the way, Young sells and receives money—when persons come for a sack of flour, they generally deliver an order—I do not know any thing about the prices.
Q. But suppose one of the gentlemen of the Jury had come to the mill yesterday for a sack of flour, and your master was out, and the foreman not at home, what would be done? A. I suppose he would go back without it—I do not think Young would have sold it at all under these circumstances—I cannot say whether he would know the price—I cannot say whether there is any memorandum of the price kept—Young went into the counting-house to get the book after the prisoner's cart was loaded.
Q. Upon your oath have you not sworn that it was before? A. It was afterwards, after we had loaded the cart—the prisoner went down to the Red House and brought the keys, and said he wanted a sack of flour.
Q. Tell us the words he used? A. He came to the mill, and asked me where Mr. Frost was—I said, at the Red House, and Young told him the same—he then went and got the keys, and said he wanted a sack of flour and a quarter of barley-meal—I drew the barley-meal to the cart while Young was weighing the flour—it was about eighty yards off—it was round a corner—I did not hear the prisoner say any thing about Mr. Robinson—I had seen the prisoner once or twice before—I never saw him pay money—I have not known an instance of Young taking money—he might take two or three shillings—the receipts are kept in the counting-house in general—there was no paper produced with the book—I did not hear the prisoner say the flour was for Mr. Collyer, a friend of Mr. Robinson's—I saw Young come out of the counting-house—it is just opposite the door—I was standing just by the door, inside the mill—I was produced, as well as Young and Humphreys, before the prisoner—he did not say that I had received the money, but Young—he said he put it on the right hand side of the board, and it was a sovereign, a half-sovereign, and 7s.
Prisoner's Defence. I went to the mill, and saw Young—I told him I wanted a sack of flour—he said I could not have it without Mr. Frost, who was at the Red House—I went there—he gave me the keys, and said, "Give them to the old man," but he was not there—I gave them to Young, who went into the counting-house to get the book—I put the money on the board, as my horse was standing in an awkward situation—if he had gone back, the cart would have gone into the ditch—I said, "There is the money for the sack of flour;" and I ran off.
NOT GUILTY .
Before Mr. Common Sergeant.
MARY WALLIS . I am wife of Nicholas Wallis. The prisoner ironed for me, and it was her duty to make out bills, to take linen home, and to receive money—on the 12th of November she went to Sarah Te, and she brought me 1l. 0s. 11d.—she said the bill was 1l. 2s. 11d.; but Mrs. Ten said she had paid 2s. before.
Q. On the 2nd December did you desire the prisoner to make a bill out for Mrs. Ten? A. Yes, she made it, and came and brought me a sovereign—she said she had made the bill 1l. 0s. 8d., but Mrs. Ten discovered it was 2s. more, but she had kept half-a-crown for some things that were missing.
Cross-examined by MR. DOANE. Q. Do you know whether Mrs. Ten changed her laundress? A. Yes, I was her laundress—I believe she now employs the prisoner's mother—I was not angry about it—my husband never interferes with my business—I have heard he went to the prisoner's mother and threatened to be revenged on her for getting my washing, but I do not believe it—I know he went to speak to her about the money—I am no scholar, and he does interfere with the books—I have been married three months—I owed some money, which my husband did not know of—I owed the prisoner some money—I do not know whether my husband knew there was a reckoning between us.
Q. When the prisoner came from Mrs. Ten, and paid you 2s. more than you thought you ought to have received, did she not ask you to give her some money on her own account? A. Yes; I gave her 3s. 6d., and told her to come in the evening, and we would have a reckoning, and see how it stood—I have not been to her mother's—the prisoner has not borrowed money at one shop to pay what I owed at another—I had employed her three or four years.
SARAH TEN . The prisoner brought me this bill on 12th of November, of 1l. 9s. 8d.—I paid it her for Mrs. Wallis—she came again, and brought this bill of 1l. 2s. 8d.—I gave her 1l. 0s. 2d.—I kept 2s. 6d. for something that was lost—the bill was 1l. 2s. 8d.—when she brought it I did not find out any mistake of 2s.
Cross-examined. Q. Where are the bills? A. These are them (producing them)—I had some conversation with the prisoner, and being dissatisfied, I gave my washing to her mother.
JURY. Q. You paid the prisoner 1l. 9s. 8d.? Q. Yes, the amount of the bill.
COURT to MARY WALLIS. Q. Let us quite understand—this second time the bill was 1l. 2s. 8d., as she told you? A. Yes; she told me when she took it from our house it was 1l. 0s. 8d., but Mrs. Ten had made it 1l. 2s. 8d.,
and she gave me a sovereign, and said Mrs. Ten had kept half-a-crown—I met her a few doors from Mrs. Ten's, and she told me that—I had not settled my account with the prisoner, but it was her duty to bring me all the money she received—she never kept any back.
COURT to SARAH TEN. Q. What was the amount of the second bill? A. 1l. 2s. 8d., and I deducted 2s. 6d.—I paid her 1l. 0s. 2d.
NOT GUILTY .
NOT GUILTY .
ADJOURNED TILL THE FIFTEENTH OF DECEMBER.