CENTRAL CRIMINAL COURT.
THIRD SESSION, HELD JANUARY 5, 1835.
MINUTES OF EVIDENCE,
Taken in Short-hand,
BY HENRY BUCKLER.
W. TYLER, PRINTER, IVY-LANE.
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 Junes Scarlett, Knt., (now Lord Abinger,) Lord Chief Baron of His Majesty's Cowl of Exchequer; Sir John Bernard Bosanquet, Knt., one of the Justices of His Majesty's Court of Common Pleas; Sir William Elias Taunton, Knt., one of the Justices of His Majesty's Court of King's Bench; Sir Claudius Stephen Hunter, Baronet; Christopher Smith, Esq.; William Venables, Esq.; and Sir John Key, Aldermen of the said City of London; the Honourable Charles Ewan Law, Recorder of the said City; John Cowan, Esq.; and Thomas Johnson, Esq., Aldermen of the said City; John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; His Majesty's Justices of Oyer and Terminer, 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.—THIRD SESSION.
A star (*) denotes that the prisoner hat been previously in custody—An obelisk (†), that the prisoner is known to be the associate of bad characters.
Before Mr. Sergeant Arabin.
339. THOMAS FRY was indicted for burglariously breaking and entering the dwelling-house of George Gray, on the 30th of December, at St. Bridget, alias St. Bride, London, about the hour of seven in the night, and feloniously and burglariously stealing therein 1 guard chain, value 4l.; 1 watch chain, value 9l.; and 2 seals, value 6l.; the goods of the said George Gray; to which he pleaded
GUILTY— DEATH . Aged 30.
Fourth Jury, before Lord Chief Baron Scarlett.
340. JOHN ALBERSON, alias Green , was indicted for burglariously breaking and entering the dwelling-house of Henry Dark Pimm, on the 27th of December, about ten o'clock ia the night, at St. Mary, Lambeth, with intent to steal, and stealing therein 2 coats, value 30s.; 2 pairs of trowsers, value 1l.; 2 waistcoats, value 7s.; 1 handkerchief, value 2s.; 1 pair of gloves, value 1s.; and 1 memorandum book, value 1s.; the goods of the said Henry Dark Pimm.
EMMA PIMM . I live with my brother at No. 2, Hooper-street, Westminster-road, in the parish of St. Mary, Lambeth. I went out about half-past nine o'clock in the evening of last Saturday week, the 27th of December—I came home about ten o'clock, and found the stable window broken open—it joins the house—it is a spare room which we make a stable of—the hinge was broken off, and half the window ledge taken out—I found the street door open which leads to the stable—I found it open when I came to it to go in—the street door was shut at half-past nine o'clock when I left home, and the stable quite secure—I had seen the window of the stable about half an hour before I left, and I passed it as I went out—I had fastened it before I went out—I returned about ten o'clock, and found the street door open—I went in, and found the clothes taken from the bureau—I missed two coats, two pairs of trowsers, 2 waistcoats, a silk handkerchief, a memorandum book, and a pair of glaves—the bureau was in the parlour—the drawers of it were shut when I went out, but not locked—I had seen the things safe
ten minutes before I went out—I went to the door and gave an alarm—a policeman came, and I gave a description of a person whom I suspected—the prisoner was employed by my brother, who keeps a coal shed—it is my brother's house—his name is Henry Dark Pimm—the prisoner had been in his employ three or four years, on and off, I believe, to carry out coals—he did not sleep at the house, but lodged in the same street as the coal shed is in—I had left nobody in the house when I went out—my brother was out—I live with my brother—his shop is in the same street as the prisoner resides, but we live in the next street to that.
Prisoner. The stable window was not shut at all. Witness. It was.
ELIZA PIMM . I am the sister of Emma Pimm, and live with my brother in Hooper-street. The prisoner left the shop about nine or a quarter after nine o'clock—I was in my brother's shop at the time—he was going home to his tea—he had just come back from taking some coals out—I called him back from his tea afterwards to take out some coals, and by the time he had weighed the coals my two sisters came by—it was then about half-past nine o'clock—they hallooed out to me, "Eliza, I shall not be long, I am going into the New Cut to get something for supper"—he asked me who that was—I said my two sisters, saying they should not be long, they were going to get something for supper, in the New Cut—he then said he would take the coals out—he took them, leaving me in the shop—as near as I can guess, he was gone about ten minutes, and when he came back he said he had not finished his tea, and would go home and finish it—that it was on the hob—he went home as I thought, and I never saw him from that time till the policeman took him—it would not take five minutes to walk from my brother's shop to the house.
WILLIAM DRIVER . I am a policeman. I received information from Emma Pimm, and went to the house hearing her give the alarm of robbery—I found the stable window, which is attached to the premises, had been broken open—I examined it—the lower part of the hinge was torn from the stone cill, and the stone cill was laying on the ground—the window is about three feet from the ground—the stone cill was torn out—that must have required some force—the front of the house is considerably dilapidated, and it would not require a great deal of force to get the cill out—I went into the parlour with the first witness, and she told me what she had lost—suspicion rested on their boy who carried out their coals—I went into Francis-street, which joins Hooper-street, and overtook the prisoner going home—I knew him—this was about a quarter or twenty minutes after ten o'clock—I said to him, "I have a charge of housebreaking against you"—he answered, "I do not know what you mean"—I told him his master's house had that night been entered, and he was the supposed youth—he said he had not been near the premises, for he had been on an errand for his mother—I took him into custody—he had none of the clothes about him which had been stolen—he unbuttoned his jacket, and said he had no clothes about him—I did not search him in the street—I had mentioned clothes to him—on our way to the station-house I was walking on his left side—I felt him tear something from his trowsers with his right hand, and he said to a boy who was walking on his right hand, "Here, Jem, take this, I will give it to you"—I immediately stopped him in the street, and his hand was between his thighs—I had hold of the other hand—I took from his thighs a watch fob—he had let go of it—when I took it from him, it was between his thighs—there was half-a-sovereign, three half-crowns, and two shillings in it, which I produce—I asked the boy what he had
handed to him—he said he did not know—the boy merely called out," Here, policeman, he has offered me something," and the prisoner took his hand from the boy, and put it between his thighs—this fob must have been what he offered him—at the station-house I asked him to account for the money—he said a Mrs. Perry, in Baker-street, had given the money to him to give to his mother, to take care of, for she did not wish her husband to know she had that quantity of money about her—after he was locked up, I went to Mrs. Perry's, in Baker-street—she is not here—I went to ten different pawnbrokers' shops that evening, and could find no property—on Monday morning, the 29th of December, the prosecutor and myself were in the yard at Queen-square office—at that time the prisoner was locked up at the office—he sent a messenger to his master that he wanted to speak to him—the prosecutor and I went to him, and all the prisoner said was, "Henry, I will tell you where the clothes are"—that was the first that passed—neither of us said a word to him before that, for we could not see him—he was in the cell—we did not say a word to him except giving him to understand Henry Pimm was at the door—he said, "They are at the nearest pawnbroker's shop, on the left hand side of the Surrey theatre, in Blackfriars-road"—I went to that pawnbroker's shop, and found all the property except two waistcoats.
Prisoner. Q. Did not the prosecutor say he would not hurt me, if I said where the clothes were? A. He did not—I am positive he never said any such thing.
Prisoner. My mother was there at the time. Witness. His mother was not there.
HENRY WILLIAM RUSSELL . I am a pawnbroker. I took these coats in pawn from the prisoner between nine and ten o'clock on Saturday night, the 27th of December—he pawned them for 1l.—I gave him a duplicate—I gave him 19s. 10d., charging 2d. for the ticket—my shop is about a quarter of an hour or ten minutes' walk from Hooper-street; but I do not exactly know where it is—I questioned him very closely about the clothes, as they were of different sizes—he said one coat belonged to his father, and the other to his brother—he came into the boxes, to that I could not see his dress very well.
EMMA PIMM re-examined. These are my brother's clothes, and all that I missed except the waistcoats, which are not here—I had seen them that same evening, about ten minutes before I went out, when I went to the bureau to take a cap out—I did not examine each article, but they were all packed in very tight—I had put them away there myself the same day—this fob does not belong to the clothes.
ELIZA WARMAN . I live at No. 33, Francis-street, opposite the prisoner's house. I had occasion to go into my back apartment, which looks over to Mr. Pimm's dwelling-house, in Hooper-street, and saw the prisoner standing at the door of the dwelling-house, or the stable—I am not sure which it was—he stood with his hands in his pockets—it was last Saturday week, between niue and ten o'clock—I could. not see whether the door was open—the stable window looks into the same Street as the door.
GUILTY— DEATH . Aged 13.
Fourth Jury, before Mr. Justice Bosanquet.
341. WILLIAM JOHNSON, alias Kelly , was indicted for burglariously breaking and entering the dwelling-house of James Anthony Wearing, about eight o'clock in the evening, on the 28th of December, at St. George, Middlesex, with intent to steal, and stealing therein 1 cloak, value 10s.; 1 gown, value 7s.; 2 caps, value 6d.; and the materials for six pairs of unmade trowsers, value 12s.; the goods of the said James Anthony Wearing.
JAMES ANTHONY WEARING . I occupy the house No. 3, Charles-street, in the parish of St. George-in-the-East, Middlesex. I have one lodger—I rent the whole house—on the 28th of December, I was up stairs in my top room—I came down for a book between eight and nine o'clock—I went through my shop into the parlour—the parlour window was then open sufficiently for me to put my hand out of it at the bottom—I had seen the window about eight o'clock, and then saw my wife fasten it—my shop door was on the spring-lock, and was shut—it is a whole door—the spring-lock could not be opened outside without a key—I went to a box for a book, and missed a gown, a cloak, and the materials for some trowsers—I did not know how many at the time—my wife had just gone out on an errand, and came in in about two minutes—I stood in the passage till she came in, and next to the street door—when she came in I told her what was gone—she ran out at the street door to give information, and I shut the door, and searched about the place—I could not find any thing about the premises—I could see marks on a chair where a person had got out at the window—my back door was fastened by two bolts—I examined my front door, which was fast as before—I saw my property in about ten minutes afterwards—the policeman found it in the yard, and showed it to me—the gown was loose—and the trowsers and cloak, the band of the gown and caps, were tied up in a handkerchief, which did not belong to me.
RICHARD CARPENTER . I am a pawnbroker, and live in Charles-street. On the night of the 28th of December, between eight and nine o'clock, my dog made a noise—I went out to examine the back of the premises—it was after candle-light—the dog was trying to ret over the adjoining palings—my house is twelve or fourteen yards from the prosecutor's—I have two houses, and the yard of my second house comes against his—there is another yard between part of my yard and his—I suspected something, and went in, doors where I could not be seen, and watched—I then saw the prisoner coming over the palings of the yard between my house and Wearing's—I immediately went out to him, and asked him from where he came—he said he had been drinking, and got over the yard he did not know how, and the dog would not let him get back again—he said he was looking for a man, a farrier, mentioning some name—the dog was chained—I took the prisoner into custody, and detained him while I sent to make inquiry at my neighbours'; and, in about five minutes, I found what had happened—I gave him in charge of a policeman who came.
Prisoner. Q. Was not I coming from the direction where I told you I got through? A. You were coming in a direction from the prosecutor's house—he said he came from a passage—that he had been drinking, and did not know how he got there—I was inside my window when I saw him, and when he was in the yard I came out at the door.
Prisoner. I told you a farrier had taken some things of mine away. A. I do not recollect that—I did not see him with any thing—I said I would send for a man named Nichols—he asked who he was—I said a far-rier
—I said that to keep him there—I said I would not take him to the station-house till the policeman was sent for.
WILLIAM CLAPSON (police-constable.) The prosecutor's house is in the parish of St. George-in-the-East, or St. George, Middlesex—it is commonlycalled St. George East, otherwise St. George, Middlesex—on the 28th I saw Wearing at the police station, about a quarter or twenty minutes to nine o'clock at night—I went to Carpenter, and took the prisoner into custody from him—I went into the yard of Wearing's house, and saw a bundle and a gown, which were in Mr. Wearing's back yard, lying on the ground—I pointed them out to Wearing, and opened the bundle—it containeda cloak, two women's caps, and the materials for six pairs of canvass trowsers—I saw foot-marks in the yard, where somebody had got over the fence from Wearing's yard into Nicholl's yard—there is a quantity of earth in Nicholl's yard, and foot-marks on it in the direction where Carpenter's dog was chained up, and then there were marks where a person had got over the top of a privy in Mr. Painter's yard, between Wearing's and Carpenter's—very close to where the dog was—(Carpenter has two yards)—if the personhad got over where the foot-marks were, he would have gone down just where the dog was chained up—on the other side of Painter's yard were marks of somebody having got over into Carpenter's yard—the prisoner had a tear across his trowsers above the knee—I asked him about it—he said it had been done by a horse—I saw his trowsers had been torn down the leg, and sewn up, but this tear was fresh done—when I was at the station-house I said to Wearing, in the prisoner's presence, that I had yet to learn which way he had effected an entry into the house, and said, "I think he must have come over some back premises from some other house"—the prisoner said, "Oh no, I did not; I went in through the passage"—he gave his name at the station-house as "William Kelly, of No. 2, Essex-street, Whitechapel"—I asked if he did not go by the name of Johnson—he said his name was Johnson—I produce the property.
SARAH WEARING . I am the prosecutor's wife. I was in the parlour at eight o'clock, and fastened the window—this gown is mine, and these caps and cloak—the materials for trowsers are what I have from the shop of Mr. Moses, of Ratcliffe-highway, to make up—I had seen these things in the parlour between seven and eight o'clock—I put the cloak in the box then.
Prisoner's Defence. Last Sunday week I got up to see if I could bear any thing about a man who had taken some of my goods away—I was informed of several places where he lived, but never could find him—in the afternoon I went with my father, and got drinking till evening, and as I came home I was told he lived in Cornwall-street, and when I got into Charles-street, into a passage, I heard somebody getting over the palings, and the dog barked—I got over into Carpenter's yard, where I was informed the man lived—he asked how I came there—I said I wanted a farrier, and had come the back way that I should not be disappointed in finding him, as he was always denied to me—I offered to go to the station-house—if I had come there improperly I could have gone back to the passage I came through—it was well known in the neighbourhood that I had been robbed.
GUILTY— DEATH . Aged 22.
Fifth Jury, before Mr. Justice Bosanquet.
342. WILLIAM PENNY and THOMAS KERR were indicted for burglariously breaking and entering the dwelling-house of John Walker and another, about one o'clock in the night of the 2nd of January, at St. Mary Matfelon, alias Whitechapel, with intent to steal, and stealing therein 1 pair of trowsers, value 6s.; and 2 1/4 yards of valentia, value 15s.; the goods of the said John Walker and another.—2nd COUNT. That having stolen the said goods in the said dwelling-house, they did burglariously break to get out of the same dwelling-house.
JOHN WALKER . I am a tailor, in partnership with Christopher William Barber, and occupy a house in Whitechapel-road, in the parish of St. Mary Matfelon, Whitechapel—we both reside there. I went out on Friday morning, and came home about half-past twelve o'clock on the night of the 2nd of January, or the morning of Saturday, the 3rd—it was Saturday morning—Mr. Barber let me in at the street door, and I fastened the door when I went in—I bolted the top bolt, and Barber bolted the bottom—I fixed a bell on the door—we went to bed in a few minutes—I slept on the second floor, and Barber on the first—I was alarmed in about half an hour—I heard somebody say the shop had been robbed—I went down stairs, and saw two or three policemen—I could not tell how any body had got in—there is a small window which leads to the gateway of a livery-stable—it is a glass window—one square of that was broken—it is about eight or nine feet from the ground—a very small boy might get through that opening, I think—there was no appearance of any body having got through there—no other window or door appeared to be broken open—I missed two coats of my own, a pair of boy's trowsers, and a piece of valentia, which laid in the window—the trowsers and the valentia were the property of the firm——I had seen the things on the Friday morning, all of them—I went to the watch-house, and saw one of my own coats, a black one, and a pair of boy's trowsers, which I had missed.
Cross-examined by MR. DOANE. Q. You did not hear any alarm for half an hour? A. No, it was about twenty minutes after one that I first heard the alarm—it is my opinion that they had been in the house previously, and got out afterwards.
JAMES WALTON . I am a policeman. I was on duty between a quarter and half-past one on Saturday morning, and saw the prosecutor's door open, and two men come out—I was in company with Arnold, another officer, at the time—there was a gas-light in the shop, and a lamp outside also—I gave Arnold directions to keep his eye on one man, while I looked after the other—they both turned up towards Whitechapel church together, fifteen or twenty yards, and then separated—I am sure the two persons who turned up towards Whitechapel church were the two who came out of the house—the prisoner Penny was one of them, I am certain—I cannot swear to the other—I went up and laid hold of Penny—I asked him what he did there—I put my hand behind him, to his pocket, and took this jemmy or crow-bar out of his pocket—I then hallooed to Arnold to secure the other one, for it was all right—I took Penny to the station-house—when I got there I took this coat off his back—he had it on over the one he has on now—this pair of trowsers he took out of his hat, and endeavoured to throw under the table in the station-house, but I pulled him back, and pulled them out of his hand—the other prisoner had been taken at that time, and was present when I took the trowsers out of his hand—he stood rather in front of Penny, and appeared as if he wanted to prevent my seeing him throw the trowsers under the table—I went to Mr. Walker's and examined the place—Arnold was with me—I
saw Mr. Walker and his partner—somebody had eased himself behind the counter—both the prisoners were secured.
Cross-examined. Q. The transaction about the trowsers took place at the station-house? A. Yes, it is a good-sized place, but is well lighted up—Penny had the trowsers in his hat—I saw him take them out of his hat—there were three officers there—nobody had hold of Kerr—we were all standing close together nearly—Kerr only stood in front of Penny.
Penny. I did not come out of the house; there were a great many people passing and re-passing. Witness. I saw nobody at all till we got to the church, and then only saw one woman—I am sure Penny is one of the men I saw come out of the house.
THOMAS ARNOLD . I am a policeman. I was in company with Walton—I received directions from him to watch one of the men—I had seen Walker's door open, and two people come out and leave the door ajar—they went towards Whitechapel church—Walton and I crossed into the road towards them—they parted—one went one way, towards Mile-end; the other towards the church—I followed one, and he the other—Walton called to me to stop the one I was following, for it was all right—and I stopped Kerr, who was the man—I told him he must go with me—he said he had nothing about him, and that he bad been to Lock's public-house—I said I saw him come out of Mr. Walker's house—he said he had only been to the corner to make water, he had not been in—then he said he had been to the stable—there are sublet down the yard, behind the house—I took him to the station-house, and found a truss in his hat—I asked him who that belonged to—he said to himself, for it was a thing he wore, and he was obliged to pull it off to ease himself—I went back to Walker's house, and found somebody had eased himself behind the counter—I never lost sight of the man from the time I saw him come out of the house, and am certain Kerr is the marr.
Cross-examined. Q. How far were you from the door when you saw somebody come out? A. Across the road—there is a gateway at the corner of the house leading to a livery stable—I am sure they both came out of the prosecutor's door—I saw them plainly, for the gas was burning so strong at the door—I only saw two persons—nobody came out of the gateway—they walked fifteen or twenty yards before they separated—there are gas-lamps on both sides of the way—I was in my uniform—I do not think they saw me—they might have seen us—when they separated, my brother officer directed me to follow Kerr, and not lose sight of him—I kept about twenty yards behind him—when I crossed over towards him, he crossed over to the other side—I turned back half way across the road, seeing him cross, and followed him—I had him in my sight all the time—my brother officer called out, it was all right—on my taking him, he said he had been to make water, and on finding the truss, he said he took it off to ease himself—the valentia has not been found—if he had disposed of it, I must have seen him.
CHRISTOPHER WILLIAM BARBER . I am in partnership with Mr. Walker. I let him in when he returned—I had been at home the whole evening—I had been up stairs once or twice, but fastened the door each time—I bolted it at the bottom—there is no lock to it—it cannot be opened by a key—it has a bolt at the top and bottom—somebody must have concealed themselves in the house in the course of the evening, I suppose.
JURY. Q. Is there a hall door besides the shop door? A. No, but
there is a side door in the gate-way, which was locked and bolted—we leave a gas-light burning a trifle.
Penny's Defence. I never was in the house—the policeman swears all false—I do not know this man—I never saw him in my life—I really think they have done the thing on purpose that I might be taken up for it.
Kerr's Defence. I have a man I was in company with from about ten o'clock—I had to go to my employer in Milk-street—I drew 1l. for myself and 2l. for my father—I worked until eight o'clock in the evening, and went over to a man I work with—he said, "Are you coming up in the morning?"—I wanted some things from him—I went to his house at eight o'clock, and stopped till after nine—I then went to Mr. Lock's—Abrahams came in there—I offered him a pint of beer to drink—we joined company, and drank together—the house never closes till one o'clock, as people come to take refreshmentafter the performance is over—the waiter was standing at the door—I bid him good morning—I went to the corner of Baker's-row, and got a light to my pipe from a policeman—I tried three times before I could get a light—I wished my friend good morning, and was going home to work—I make silk for Mr. Smart—I had not left my friend ten minutes, and went up the gateway to make water—I came out, buttoned up my trowsers, and crossed the road to go home; and when I got across, a policeman collared me, and said, "I have got you—you have been and broken open that house"—I said, "I am an innocent man; search me directly"—I pulled off my hat, and said, "You see what I have got; I shall go quietly"—when I got to the station-house, his brother policeman gave charge of me—I said to the sergeant, "Search me directly; I will strip naked"—I was never accused of such a thing before—I work hard for my living—I went as the man stated, and told him I was innocent—I said, "It is hurtful to any man's feelings to be brought here innocently."
JOHN ABRAHAMS . I am a shoemaker, and lodge in Ward's-buildings, Whitechapel. I know the prisoner Kerr: I have seen him often, for several years using the same house as I did—I saw him last Friday evening at the Weaver's Arms, Baker's-row, close to the Pavilion theatre—about ten o'clock, I was sitting in about the middle box in the tap-room—we had several pints of beer together—when we came to the corner of the row, there was a policeman—we parted at the corner close to the public-house—we might have stopped there ten minutes or a quarter of an hour, talking—I left the house about five minutes before one o'clock—the policeman we were talking to for a quarter of an hour is not here this morning, but he has a case at Lambeth-street.
JURY. Q. Did you lose sight of Kerr from the time he came out of the house?—A. I did not, and no one passed at all till after I took him—he was quite sober.
(Daniel Baker, publican, Fleet-street, Bethnal-green; Samuel Cook, silk-weaver, Granby-street, Bethnal-green; Benjamin Atkinson, tailor, Holywell-lane; Charles Standley, hair-dresser, Brick-lane; Joseph Child, silk-weaver, Fuller-street, Bethnal-green,; John Burridge, George-street; Thomas Harley, silk-weaver, Robert-street; and
Edward How, Newcastle-street, Bethnal-green, deposed to the good character of the prisoner Kerr; and Edward James Stirling deposed to that of Penny.)
PENNY— GUILTY.— DEATH . Aged 23.
KERR— GUILTY.— DEATH . Aged 33.
On the second count.
Kerr was strongly recommended to mercy by the Jury on account of his former good character.
LONDON AND MIDDLESEX LARCENIES, &c.
OLD COURT, Monday, January 5th, 1835.
First Jury, before Mr. Recorder.
MR. PHILLIPS conducted the Prosecution.
JOHN GEORGE LEIGH . I am deputy parish clerk of St. George, Hanover-square. I have the register of marriages, which I have brought from the registry of which I am the keeper—on the 23rd of September, 1802, a marriage is entered of Samuel Tadd and Ann Rolls—I was not present.
MARGARET STOKES . Ann Rolls was my mother's sister—I remember her living in Chapel-street with the prisoner, her husband—I was not at the marriage—they lived together as man and wife upwards of twenty years, to my knowledge—she was alive until 1834—she is now dead—I have seen the prisoner write many times (looking at the register)—I think this is his writing—I believe it to be so—my aunt could not write—there is a mark against her name—I have not seen the prisoner write for more than ten years—I cannot say how often I have seen him write.
Cross-examined by MR. ADOLPHUS. Q. How long is it since you firsts saw them living together as man and wife? A. Upwards of thirty years—my aunt, when she married him, was a cook at the corner of Burlington-street—when they married they took a shop in Noel-street—I have seen him write in the books—I have seen him write his own name many times—I can write and read writing—I believe this to be his handwriting, but I cannot swear to it.
MR. PHILLIPS. Q. Do you know of their living in Castle-street? A. Yes; they passed as man and wife.
JOHN GEORGE LEIGH re-examined. This is the original book of marriages—I am the officer who has the custody of it, and have brought it from the church—I remember the Rev. Mr. Nicholas, as curate of the parish—I cannot say I ever saw him write—I do not know whether he is living—he left the parish ten years ago.
Cross-examined. Q. Can you take upon yourself to say you know he acted as curate at the time in question? A. Yes; because I attended the church—I have had the custody of the register about fifteen years—I cannot tell what had been done to it before.
MRS. STOKES re-examined. I have spoken to the prisoner when he wash living with my aunt—I have heard him repeatedly say he was married to my aunt Ann Rolls at St. George, Hanover-square, in her presence.
JANE JONES . I am acquainted with the prisoner—I was in the parish church of St. Martin-in—the Fields, on the 27th of November, 1825, and went through the form of marriage with the prisoner—he represented himself as a widower.
Cross-examined. Q. Did you know Mrs. Rolls? A. I have seen her when I went on business once, some months before I was married—she then went by the name of Mrs. Tadd—she lived then in Castle-street, East—I called there to see Mr. Tadd on business, and saw her—she was then represented to be his wife—it might be four months before we were married—I will swear it was two months—it might be three or four months—I cannot exactly say—he lived at the same place when I married him—I did not inquire about Mrs. Tadd—she was very aged, and in an ill state of health when I called—I was informed she was dead, by himself, and his friends—he had a black coat on when he was married, but I never thought of his being in mourning—he came to my house—a friend of mine introduced him to me as a friend of his.
MR. PHILLIPS. Q. Did you ever ask him when his wife died? A. I always understood he lived very unhappily with her, and I did not like to bring up the subject—I cannot exactly say what I said—I understood she was dead—two friends of his told me so, and he told me so himself—his two friends did not come in company with him—I saw one of them in his presence, but he said nothing about Mrs. Tadd then—the prisoner merely said she was dead—he told me several times before that she was given over by the faculty, and it was impossible she could live.
MR. ADOLPHUS. Q. Did you see her after you were married? A. She came to my house some months after we were married, and told me she was his lawful wife—I could not leave him—I was living in my own house—I did not turn him out of doors, for my mother was living in the house extremely ill—I lived with him until September, 1833—I could not get rid of him.
NOT GUILTY .
Second Jury, before Mr. Sergeant Arabin.
WILLIAM AVERN . I am servant to Mr. Rosier, a poulterer, in Leadenhall-market. On Monday morning, the 1st of December, the prisoner came and asked if I would buy a live pheasant—I said I would—he went away, and brought another man with him with a pheasant in his possession, and having received information that Mr. Alderman Atkins had lost a bird of that description, I went to the Alderman—Mr. Lane came down from there and asked the two men where they came from—they both said, "From East Grinstead"—Mr. Lane turned round to look at the bird, and the prisoner ran off directly—the other ran immediately after him—he was overtaken and brought back, but the prisoner escaped—I am quite positive of his person—I asked them how they came by it—they said they caught it in a wire—Mr. Alderman Atkins and Miss Atkins afterwards saw the same pheasant.
JAMES LANE . I am clerk to Mr. Alderman Atkins. In consequence of hearing of the loss, I attended at the poulterer's on Monday, the 1st of December—I saw the two men with the pheasant—I asked the other man
whether he knew Mr. Alderman Atkins—he said, "No"—I said, "Do you know Halstead, in Kent?"—he said, "No," and they had come from East Grinstead—I happened to turn round to look at the pheasant—it began to flutter, and both the men ran away—one was secured in King William-street—the prisoner made his escape—I have not a doubt of his being the man.
Prisoner. That gentleman said I was not the man. Witness. When he was brought to the counting-house afterwards, I looked at him, and his face was not so red as when I saw him at the poulterer's shop, but I have not a doubt, from my recollection since, that he is the man—it was the other man who answered my question—the prisoner was present.
JOHN ATKINS, ESQ., AND ALDERMAN . I reside at Halstead, in Kent, which is twenty-four or twenty-five miles from East Grinstead. On the evening of the 29th of November, or early on Sunday morning, the 30th, my aviary on the lawn was broken open, and the lock taken off it—this pheasant was taken away—I made it public all over London to detect the delinquent, and every information was given on Monday morning in every poulterer's shop in London—I lost a Chinese silver pheasant, which was produced at the last trial in Court—it belonged to my daughter, and used to feed out of her hand.—See 2nd Session, page 317.
MISS SARAH ELIZABETH ATKINS . I am niece to Mr. Alderman Atkins. The pheasant belongs to my cousin, Sarah Jane Atkins—I saw it safe on Saturday, the 29th, in the afternoon—I was residing at my uncle's, and know the aviary was broken open that night—I was present at the last trial, and saw the pheasant produced—it was a silver Chinese pheasant.
JOHN LONGHURST . I am a constable of Sundridge, near Seven Oaks, Kent. The prisoner formerly lived at Sundridge poor-house, four miles from Halstead—I know nothing of his living at East Grinstead—I apprehended him by the Golden Cross, Sundridge—I went to his father's house about seven o'clock in the evening—they refused to let me in, I cannot say whether they were in bed, but there was a light up stairs—this was on the 14th December—I went to his father's door—his father opened the window, and asked me my business—I said I had a warrant against a person named Kingswood—he said he was not in the house, and he should not let me in—I waited there till half-past eleven o'clock, and then they opened the door—I went and foind the prisoner sitting by the fire-side—I said I had a warrant against him, and read it to him—that it was for stealing a pheasant from Mr. Alderman Atkins—he said "Then, d—n your eyes, I know what you come for."
Prisoner. I never said so—I ant not the man.
GUILTY .* Aged 22.— Transported for Seven Years.
WILLIAM ROSE . I am a brewer, and live at Ilford, in Essex. I had been swindled out of three barrels of ale—on the 22nd of November I came to town, and met with the prisoner at the Horse and Groom in Hosier-lane—he was quite a stranger to me—he stated he was a police-inspector—I asked if he knew a person who had lately left Ilford—he said he did—I came to town again on the 28th—and saw the prisoner at the Fortune of War, St. Sepulchre's—he then asked me for a pound—I gave him
a sovereign—that was in consequence of his representing himself as an inspector of police, and that he could get the casks I had lost—he said he would obtain the warrants for the persons—he said he had Fawcett and Reynolds in custody—we then parted—on the following Sunday he came to my house at Ilford—he stated that Fawcett was gone to Maidstone, and he was going on Monday after him, and he had engaged to give Broad a sovereign to go with him to recognise Fawcett, and his expenses would be about 30s.—I gave him a sovereign and a half—he came to me again, and said he had brought Fawcett to town, and he gave me orders to meet him at the Fortune of War—I went there with my witness—I saw the prisoner—the took me aside and said he wanted to speak to me—he took me to a house in Clerkenwell which was shut up—he said, in coming back, that if I would give him 2l. more, he would get the necessary papers—I gave it him—he then came back and said the prisoners were at Giltspur-street, on bail—he had 6l. of me in all.
Prisoner. Q. Where did you first see me? Witness. In the Horse and Groom—I asked you if you knew Reynolds, Broad, and Fawcett—you said you knew Fawcett—you took me to Mitchell-street.
WILLIAM FEATHERSTONSHAUGH . I am a brewer, and live at Layton. In consequence of my being swindled, I was at Mr. Rose's house on the 2nd of December—I saw the prisoner—he said he had been to Maidstone and taken Fawcett—that he had brought him to town, and he had found the casks, which had been sold for 5s., and that Fawcett had offered him 50l. to compromise the matter, and we were to meet him at the Fortune of War.
Prisoner. Q. Did I tell you that I had been to Maidstone? A. Yes; in the evening, at Mr. Rose's house, and he gave you 30s.
HENRY CHAMPION . I am a baker. I had been defrauded by Fawcett—I attended at the Fortune of War—I saw the prisoner sitting there—he called the prosecutor out—the prisoner had stated that he was an inspector—I went out to make inquiries, and they said he was not—I came back, and he said he was an inspector of the St. Sepulchre division—I asked him the number of his division—he said he did not wear numbers on his coat—I then asked him if Fawcett was at the Compter—he said he was—I went to inquire, and he was not—I then got an officer and took the prisoner.
JONAS M'GURRIN . I keep the Horse and Groom in Hosier-lane. On the 29th of November, the prisoner came to me and said he would give me 10l. to find out these persons—I said I knew nothing about them—he said, "How can you say so when you have got the barrels in your cellar?"—he came again on the 1st of December, and said he would give me 20l. to find those persons.
Prisoner. Q. Did I offer you the 10l.? A. Yes; I did not tell you I knew the parties—I have not seen you at my house before.
JOHN CARLOS . I am a patrol of St. Sepulchre. The prisoner is not an Inspector there, and never has been since I have been there, which is three years—he was admitted as a bye man on the 20th of September, and was suspended on the 28th of November.
Prisoners Defence. I was informed that Fawcett was in custody in the Compter the night before—I should have got the parties if the warrant had been granted the next day—Crawley was the man to whom I was going to give the warrant—they are to be taken now.
the 5th of December I was called on to examine my book—I had no person of the name of Fawcett in my custody.
JURY to JOHN CARLOS. Q. Was the suspension of the prisoner made known to him on the 28th of November? A. Yes; he was told of it that night, it was for being intoxicated.
COURT to WILLIAM ROSE. Q. Are you sure that the prisoner stated that Fawcett was in custody? A. Yes.
Prisoner. I did not say I was an inspector—I was informed there was a person named Fawcett in custody.
GUILTY . † Aged 48.— Transported for Seven Years.
JOSEPH COX . I am a brace and belt-maker, and live in London Wall. I took this boy back to live with me, after his being acquitted at this bar in December last—he has lived with me ten or twelve years altogether.
NOT GUILTY .
FRANCES COX . I am the wife of Joseph Cox, and mother of the prisoner. I was informed he had taken this property out of the house—I followed him, and took it from him—it was this coat and trowsers—he had got a few yards from the house.
JOSEPH COX . This is my property. I presume the prisoner is my stepson—I married his mother—I did not marry him—I was informed he entered my dwelling-house, while I was absent, to ask Mr. Hobler's opinion how I was to go to work for my own security.
JURY. We are of opinion this witness is intoxicated.
NOT GUILTY .
ANTHONY METHERAL TERRY . On the 31st of December, I was at the corner of Bloomfield-street, London Wall. I was not conscious of losing my handkerchief till I was told of it—I then missed it—this is it—it has my initials on it.
REUBEN WILLIAMSON . I am an upholsterer. I saw the prisoner opposite my shop—he put his hand into the prosecutor's pocket, and drew out this handkerchief—he put it into his bottom—I took him into a shop, and called the prosecutor.
Prisoner. I picked it up.
GUILTY . Aged 13.— Confined Three Months.
BARBARA PHILLIPS . I am servant to Mr. Turner, of George-street, Hanover-square. On the 27th of December, about half-past ten o'clock in the morning, I was cleaning the passage—I left for about five minutes, leaving the door open—on my return, I saw the prisoner rolling up my master's coat which had hung in the hall—he ran off with it—I ran after him, and called out something, but I do not know what I said—I saw my master coming down the street—the prisoner dropped the coat—my master took him, and took up the coat.
WILLIAM TURNER . I am master of the house. I had been out about a quarter of an hour, and had left my servant cleaning the hall—as I returned I saw the prisoner running along the street with my servant after him—I followed, and saw my great coat on his arm—he threw it down—I took it up, and followed him till he was secured—I did not lose sight of him.
Prisoner's Defence. I was walking down Maddox-street, and heard the cry of "Stop thief—I pursued, and was stopped—this prosecutor came up and said I had his coat.
GUILTY . Aged 27.— Confined Six Months.
JOHN HAROGAN . I was passing the house of Mr. Magnay, in Upper Thames-street, on the 1st of January—I saw the prisoner and another, rather shorter, standing there—I heard the other one say to the prisoner, "Now is your time, go on, it is all right"—I did not stop, but having heard the words, I turned round when I had got a little distance the prisoner was then coming, and he passed me with a ream of paper—he hurried on—I followed, and saw the officer coming out of the watch-house, and told him—he took him—I saw the prisoner lay down the paper against a door.
Prisoner's Defence. I was going up the street, and was accused of stealing this paper—I had not been in the warehouse.
GUILTY . Aged 18.— Confined Three Months.
WILLIAM BILLINGHAM . I am a fancy cabinet-maker, and live in Parker-street, Kingsland-road. The prisoner worked for me as journeyman, for a month—I lost a saw and plane—the prisoner had absented himself two or three days—I went to him and told him I missed the articles, and to come on Monday and settle it—he came, and I gave him into custody.
Prisoner. I did not absent myself—he told me he had so little work he could only employ me two or three days in a week, and he had employed me to take out as much work as I could pawn.
NOT GUILTY .
JOHN ASHBY . I am a broker, and live in Little Compton-street, Soho. I lost this table, which was at my door for sale, on the 6th of December, about half-past seven o'clock—I was at home, but did not see it taken—I missed it when I went out to take in two other tables—on the 18th I heard it was in a shop in Little White Lion-street—I got an officer and took it—the prisoner was taken next day.
CHARLOTTE CLARK . I was fitting in the shop with my mother, in Little White Lion-street, Seven Dials, on Saturday night, the 6th of December, when the prisoner came and offered this table for sale—my mother bought it of him for five shillings—I had known him before—he had carried loads for my mother, from sale rooms.
HENRY CARROLL . About a quarter past four o'clock in the evening, on the 6th of December, as I was at my master's shop, (Mr. Rigby's), I saw the prisoner standing close to this table, at the prosecutor's door—I then saw him beckon to some one, but I do not know who it was—I thought he was talking to Mr. Ashby, who lives next door.
(Property produced and sworn to.)
Prisoner's Defence. I never took it—no one saw me.
(James Bacon, a piano-forte maker, of Compton-street, gave the prisoner a good character.)
GUILTY . Aged 52.—Recommended to mercy.— Confined Three Months.
EDWARD WILLIAM TERRY . I live with my brother, James Terry, a grocer, in Shoemaker-row, Blackfriars. We had employed the prisoner on two or three occasions to go on errands—on the 29th of November, my brother, who was ill, sent three sovereigns and a £5 note, with a note, desiring me to send the money to Mr. Winter, in Friday-street—I enclosed the money in a piece of paper, so that I thought no one would have had an idea that it was money—I sent it by the prisoner—I sent my little boy with him—the prisoner did not return—we did not see him again till the 24th of December, when he was brought by a policeman—the money has never been found.
THOMAS EVANS (City police-constable No. 81.) I apprehended the prisoner on the 24th of December, at half-past four o'clock—he said he knew he was guilty, and if he was not taken then, he should at another time—I had not told him what it was for.
Mr. Clark's office (read)—I took him on that occasion, and know he is the man.
GUILTY . Aged 21.— Transported for Seven Years.
OLD COURT.—Tuesday, January 6th, 1835.
Second Jury, before Mr. Sergeant Arabin.
SIMON WOODS . I am the brother of Jeremiah Woods, a hosier, living in Bond-street. About twelve o'clock in the morning of the 13th of December, the prisoner came to the shop, and asked for flannel waistcoats and shirts, which I showed him, at about 14s. each—he asked for some about 7s. 6d., and said they would do—I packed up two waistcoats and two shirts, by his direction—I was to carry them to No. 28, Hyde-park-corner, I think—he gave me the name of—Morton, Esq.—he then left the shop—he had stood close by the window in the shop, and this piece of silk handherchiefs was in the window near him—I took the parcel myself, and looked first in Oxford-street, to find No. 28, Hyde-park-corner—then crossed the park, but could find no No. 28, in Park-terrace or street—he had not paid for the goods—I returned home—it was then dark—I went to the window in consequence of what Mr. Woods said, and this piece of handkerchiefs was gone—they were worth 31s. 6d.
Cross-examined by MR. PHILLIPS. Q. Has the property been found? A. Yes—Mr. Woods is not here—I left him in the shop alone—I saw the property again about three days afterwards—I had seen them in the window that morning—I put them in myself about a quarter past nine o'clock—this happened before twelve o'clock.
WILLIAM GRAVES . I am a policeman. On the 13th of December, about half-past one o'clock in the day, I saw a mob running in Lower Berkeley-street—they were crying, "Stop thief"—the prisoner was running from the mob—he crossed the Edgeware-road into Connaught-square, and I stopped him—he said, "Let me go; I have done nothing"—I said, "Then you need not be afraid"—in a few minutes, a young man came up with a bundle in his hand, and said in his presence, "I give this man into your custody; he has been at our shop obtaining goods under false pretences"—I took him to the station-house—on searching him, I found these four handherchiefs in his pocket, and three all in a piece, in the crown of his hat.
Cross-examined. Q. What mark have you? A. Being hung in the window, I can swear to this fold—I have no private mark—I know the particular fold which they are folded in—nobody else in London has got such a pattern, except the people we buy them of, or we should know it—they are made by Burrows, of Watling-street—he is a very large manufacturer—he may make such for hundreds, but if any body else had them, we should be sure to have heard of it—they are printed to a particular order of ours, and he has made a vow, and promised us he will not make for any body else without letting us know it—I have no other mark than the fold—it is the way any body else would fold it—I can swear to it—I have my own reason for swearing to it—nobody else has the handkerchiefs.
JURY. Q. Is it not usual to put a private mark on it? A. Not on silk handkerchiefs; we do not.
Prisoner's Defence. The day I went into the shop I had four handkerchiefs ordered by one of my customers, Mr. Morton, of 228, Hyde-park-corner. I had not the handkerchiefs, and went for them—he was to sail for Ireland next day, and I was to go and get them, and to select for him two night-shirts and waistcoats. I went to the gentleman's shop, and asked him if he had any flannel waistcoats—he showed me some. I asked for night-shirts; the gentleman who sent me for the order told me to get large ones—the gentleman had not them long enough—he produced some—I told him to take them to Morton, 228, Hyde-park-corner. Mrs. Williams, his cousin, was to sail to Ireland with him, and she told me to select two shawls for her and her sister. I went to Redmond's in Bond-street, selected some, and told him the woman would meet him at 229, Oxford-street. On my way, in going to take the handkerchiefs to the gentleman, I met a gentleman with the parcel, I said, "Did you take the shawls to the lady?"—He said, "No, for there is no lady there." I said, "Come with me, I will take you to where the lady is." I took him to the place, and asked if Mrs. Williams had called. The servant said, "No;" he was so enraged with me, I wished him to go where Mrs. Williams lived; but he gave me in charge of the policeman, who asked if he had got the shawls—he said, "I don't choose to be humbugged in this way." The policeman said, "I shall not take him without some charge." I wished to go to the station-house—the policeman refused to let me take hold of his arm to get out of the crowd—they were ill-using me. Somebody said, "Run away—don't be ill-used in this way." I ran away, and this man ran after me, calling "Stop thief!" The next policeman came up with the witness, and I was glad to throw myself into his hands.
GUILTY . Aged 26.— Transported for Seven Years.
MR. ADOLPHUS conducted the Prosecution.
JAMES TOMKINS . I am groom to Sir Nicholas Conyngham Tindal, Knt. I had a saddle of his safe between four and five o'clock on Monday afternoon, and missed it next morning about eight o'clock—I have seen it since—the prisoner was apprenticed to Mr. Smith, of Tottenham-court-road, who served master—the stables are in Caroline-mews, Bedford-square.
GEORGE HEDGE . I am a pawnbroker, and live in Long-acre—I produce a saddle which the prisoner offered in pawn on Monday, the 22nd of December, between six and seven o'clock in the evening—I asked if it belonged to himself—he said it did—that he had taken it in exchange for some harness he had made for a gentleman—next morning, Sir Nicholas Conyngham Tindal's coachman came, and made inquiry.
GUILTY . Aged 22.— Confined Six Months.
Leadenhall-market. On the 26th of December, the prisoner came up to our stall, he took three dead fowls, and walked away with them—I followed, and asked what he was going to do with them—he threw them down, and said he did not want them—he had got about two hundred yards from the stall.
Cross-examined by MR. DOANE. Q. The prisoner had the fowls open in his hand? A. Yes; he made no attempt to conceal them.
GUILTY . Aged 36.—Recommended to mercy.
Confined Seven Days.
RICHARD LUCKINS . I am a labourer. About four o'clock in the afternoon, of the 29th of December, I was at the bottom of Ludgate-hill—I saw the prisoner, and watched him—I saw him snatch a yellow silk handkerchief from the pocket of a gentleman, who felt the tug, and instantly turned round—the prisoner bolted directly, passed the gentleman, threw the handkerchief into an area, and tried to make his escape—a policeman close on the spot pursued, and very soon captured him—I never lost sight of him till he was in custody—the gentleman identified the handkerchief with his mark upon it, "Lloyd Llewellyn," which is the name he gave—I don't know what has become of him.
SAMUEL NEAL . I saw the handkerchief in the prisoner's right hand—he flung it away—I pursued and secured him—I have the handkerchief—the gentleman gave his name as "Lloyd Lewellyn"—I do not know what has become of him—I understand he is gone to Wales.
Prisoner's Defence. I had been over the water—coming up Ludgate-hill, two young men, walking before me, threw the handkerchief into my breast—I tore it from my breast, and that is how it came from me—he said at Guildhall that I drew something yellow from the pocket—now he says it was a handkerchief.
GUILTY .* Aged 22.— Transported for Fourteen Years.
WILLIAM FORD . I am a policeman. On the 20th of December, I stopped the prisoner in Broad Sanctuary, Westminster, about half-past nine o'clock, with a boy—the prisoner had fifteen skins and a yellow handkerchief under his arm, and the boy had a skin in his breast—I asked the prisoner what he had got—he said he had got nothing—I asked him what the handkerchief contained—he said, "Nothing"—I took it from his hand, and said, "I have suspicion you have been robbing your master"—he said he had not—I said, "I shall take you to the watch-house and lock you up," and on the way to the watch-house he said he had robbed his master of some skins—I took him to his master.
GUILTY . Aged 17.— Confined Three Months.
WILLIAM MAY . On the 29th of December I was in Lower Thames-street—I felt a hard tug at my pocket—I turned round, and saw the prisoner with my handkerchief in his hand—he threw it down immediately—I secured him, and gave him in charge.
(Property produced and sworn to.)
Prisoner's Defence. There were several other lads about the gentleman—I saw his handkerchief on the ground.
GUILTY . † Aged 15.— Transported for Seven Years.
EDWARD TOPLIS . On Sunday afternoon, the 21st of December, about five minutes after three o'clock, I was going to church—just by Shoreditch church gate I missed my handkerchief out of my pocket—I did not feel it taken—I made a stand for a moment, and a witness called out, "I have got him," and in a minute the prisoner was brought up to me with it in his possession.
(Property produced and sworn to.)
GEORGE ROBERT MILLER . I was standing at my master's door, and saw two boys, less than the prisoner, at the prosecutor's pocket—the smallest boy called to the prisoner, and said, "Come on"—I watched them for fifty yards—I saw the prisoner draw the prosecutor's handkerchief out, and put it into his breast-pocket—I collared him, and called to the prosecutor.
GUILTY .* Aged 15.— Transported for Seven Years.
WILLIAM PITMAN . On the 2nd of January, I was in the Poultry, about half-past one o'clock—I missed my handkerchief from my pocket—I turned round, and saw the prisoner behind me—I suspected him, and looked at him, and saw him concealing my handkerchief behind him—he was about three feet from me—I took it from him, took him across into the Mansion-house, and gave him in charge—this is my handkerchief.
GUILTY . † Aged 24.— Confined Three Months.
JOHN WILLIAMS . I am a tailor. On the 24th of December, about one o'clock in the morning, I was in Holborn—I had been supping with a friend in Finsbury-square—I was quite sober—the prisoner came on one side, and caught hold of my right arm, and asked where I was going—I said, "Home"—she said, "Will you go home with me?"—I said, "No"—she pressed very hard against my side-pocket—took my handkerchief, and ran off directly—I missed it, and said to the constable, "That woman has got my handkerchief"—he ran, and secured her, and found it on her.
Prisoner. Q. Did not you talk to me for half an hour, and give me the handkerchief? A. I did not—I was quite sober.
EDWARD RENTMOOR . I am a watchman. Mr. Williams gave charge of the prisoner—he was quite sober—he charged her with taking his handkerchief—I searched her at the station-house, and found the handkerchief inside her clothes, under her arm-pit—she denied all knowledge of it till then.
Prisoner. I throw myself on the mercy of the Court.
GUILTY . † Aged 18.— Transported for Seven Years.
THOMAS BATTEN . I am a watchman of St. Andrew's, Holborn, and have been so for nine years. On Sunday evening, the 4th of January, a horse had fallen down at the end of Farringdon-street, which caused a mob—I saw the prisoner there—I watched and saw him take a handkerchief out of a gentleman's pocket—I immediately seized him—the gentleman turned round also and seized him—I saw him throw the handkerchief from him—I took it up and took him to the watch-house—I found 1s. on him.
GUILTY . Aged 23.†— Transported for Seven Years.
JAMES CRANMER . I am a victualler, and live at Staines. The prisoner lodged in my house once, but had left—he knew my house perfectly well—I missed two copper pots on the 31st of December—he did not lodge with me then—I made inquiry, and went to Ashby's, and found them—they were quite perfect when I lost them—they are now bent double.
JOHN APPLETON . I live at Staines, and am shopman to Mr. Edward Ashby. I bought the largest of these pots of the prisoner, as old metal, on the evening of the 26th—I was present when the other was brought by the prisoner, and sold the same morning—they were bruised as they are now—he sold them as old metal, which they appeared to be then.
(Property produced and sworn to.)
Prisoner's Defence. I was standing outside Mr. Cranmer's door—a man came and asked if I knew who bought old metal—I said Ashby did—I bought them of him and sold them.
GUILTY . Aged 30.—Recommended to mercy.— Confined Three Months.
SAMUEL BURTON . I keep a lodging-house in the Belle-Sauvage yard. On the 1st of January, about eleven o'clock, I was coming down Holborn, just by Queen-street—I felt a hand in my pocket—the prisoner passed me and looked me in the face—I immediately put my hand into my pocket, and my handkerchief was gone—I went to the corner of Little Queen-street and saw him running—I called "Stop thief"—he was stopped, and I saw him put the handkerchief down on the ground—he said he was very sorry for what he had done—he was very restive, and got from me, he crossed Holborn, and went down Kingsgate-street, and two gentlemen
caught him—he tripped up one of the gentlemen, and bit him in the leg, and tried to trip me up—I took him to the station-house—I took the handkerchief from the ground, and gave it to the officer.
(Property produced and sworn to.)
Prisoner's Defence. As I was going along, I saw a boy drop the handkerchief—I picked it up and called after him to know if he had dropped it—he still ran on—I put it in my pocket, and turned down Queen-street—a gentleman called "Stop thief"—a man came up—I gave the gentleman his handkerchief and ran on—two men knocked me down, kicked me, and tore my coat in several places.
(Edward M'Donala, plasterer, the prisoner's brother, deposed to his good character.)
GUILTY . Aged 17.— Confined Six Months.
GUILTY . Aged 18.— Confined Three Months.
367. JOHN SKINNER and MARY ANN THOMPSON were indicted for stealing, on the 22nd of December, 1 pewter pot, value 2s. 7d., the goods of Hugh Lee; and 1 pewter pot, value 1s. 6d., the goods of William Taylor; and 1 pewter pot, value 2s.; the goods of William Everett.
FRANCIS KEYS . I am an officer of Marylebone. On the 22d of December I met the prisoners together, just by the Duke of Wellington public-house, at the corner of Grosvenor-place—I turned back, and watched them down Grosvenor-place—I saw the man go to the corner of Chapel-street, and wait there—the woman went backwards and forwards four or five minutes, then went up some steps and stopped, then came down the steps to the man—they stood close together—I could not see whether any thing passed, but she came back to the house again, and was going backwards and forwards—I saw her go and stoop down an area, then go over to the man again, and come back—I watched them very closely—I saw her going backwards and forwards to another house for eight or ten minutes; then go up the steps, come down, and go to the man—I then followed, and took them into custody—I found one pot in the man's pocket, another in his hat; and a soldier, whom I had been talking to, found a pot under the woman's arm—she cried out, "Oh! Keys, Keys, do not take him; he knows nothing of it"—I took them both to the station-house.
SKINNER— GUILTY . Aged 24.
THOMPSON— GUILTY . Aged 19.
Transported for Seven Years.
HENRY JOHN COLLETT . I live in Mortimer-street, Cavendish-square, A square of glass was broken in my door by accident—a stand stood at my door, and this muff was against the opening in the door—on the 26th of December, about a quarter to five o'clock in the evening, in consequence of information, I went out to watch—I walked up and down the street, and saw the prisoner and another standing together—I watched him, and saw them pass backwards and forwards three or four times; at last the prisoner went up to the door and cut the string—he was going off with the muff, which he pulled through the opening—a person inside opened the door, and caught hold of him—I crossed, and took him also.
Cross-examined by MR. CLARKSON. Q. Do not you think this was likely to excite temptation? A. Not at all—the door was shut—the glass had been broken in the summer—we do not shut the doors in the summer time.
GUILTY . Aged 15.— Confined Six Weeks.
BENNETT ODELL . I am a livery-stable keeper in Keppel-mews. On the 19th of December I was having a pint of ale, by the side of my gig, at the corner of John-street, near George-street, at six o'clock in the evening—my whip was in my gig—I was at the public-house door—I did not see the whip taken—a gentleman going by gave me information—I turned round, and saw the prisoner running with it in his hand—I followed him into Tottenham-court-road, and caught him with it.
(Property produced and sworn to.)
GUILTY . Aged 13.— Whipped and Discharged.
JAMES TOMLINSON HITCHCOCK . I am a farmer, and live at Norholt, near Harrow. The prisoner lived in the village—he was a labourer—I had some timber in the barn of the Rev. Mr. Greenlaw, the clergyman—in November, the barn was broken open, and several times before, and a good deal of timber was taken—all the timber there was mine—it was six or seven feet long—it was elm—I lost about 30s. worth altogether, and the last time I lost three pieces—I was there on the Thursday, and on the 23rd of November, I found it broken open—and in about ten minutes after finding it broken open, I went to the prisoner's house, and found some timber there—it appeared, that one piece had been chopped up, and sawn into eleven pieces—it is worth about 2s. 6d.—I have not recovered more—I went there again, and found the prisoner at home—I knew the wood to be mine, and I accused him of having stolen it, and gave him in charge—he lived about two hundred yards from the barn—he made his escape, as the officer went with me to compare the timber with what was in the barn; and when we came back, he was gone—I can swear to my mark, which is on it.
Cross-examined by MR. DOANE. Q. When you first went there, did you mention any thing about the mark? A. No; it was after he was in custody that I mentioned the mark—I left the officer with the prisoner,
but the officer followed me down to the barn, and left him in the house, and he went away—the officer saw the mark on the timber when it was found—I had put the mark on it a week or ten days before—I had marked it with chalk in the barn—I marked all the top pieces—I found eleven pieces on his premises; but, when he took it, it was only one piece—they were about two feet long—he said his father gave him the timber, and he said he had it from Mr. Simmons—the upper part of the timber had a kind of limb, which ought to have been chopped off when the tree was felled.
JOHN HAWKINS . I am an officer of Norholt. On the 23rd of November, the prosecutor gave the prisoner in charge for stealing timber—I saw the timber—I took it before the magistrate—I saw a chalk mark across it—the prosecutor and I carried the wood from his house—the prisoner followed us to the house, and we had the timber locked up—the prosecutor wanted me to go to the barn to see the mark on the timber there; and, while I was gone, the prisoner left—we had left him in the tap-room—I found him down at Limehouse last Thursday.
Cross-examined. Q. Did you find him at work? A. At work for Mr. Lee—he lived in the alms-houses, but has never been there since.
MR. HITCHCOCK re-examined. The timber was in the room the prisoner occupied.
GUILTY . Aged 37.—Recommended to mercy by the Prosecutor.
Confined Three Months.
Second Jury, before Mr. Recorder.
THOMAS LAMB . My master lives at No. 55, Aldgate—I was standing near his door, on Friday, the 2nd of January, about two o'clock in the afternoon, and saw the prisoner on the opposite side of the way at a linen-draper's shop—I saw the prosecutrix looking in at the window—I saw the prisoner take from the prosecutrix's pocket a red purse, and show it to two young men, who were in her company—the instant she took it she walked slowly away—the young men walked with her—I ran after Bourn, and told her—the prisoner was pursued and taken.
GEORGE ROBINS . I am a butcher. I was standing at the door of Mr. Wright with Lamb, who called my attention to the prisoner—I saw her take the purse from her cloak, and show it to the two young men who were walking with her—Lamb went after the prosecutrix—I was attending to a customer, and when I had done I went towards Aldgate, and saw her secured in Houndsditch—I am certain of her—I have seen her before—she was taken about two hundred yards off.
LOUISA BOURN . I live in West-street, Globe-fields. I was looking in at the window of a linen-draper, opposite Mr. Wright's shop—there were other persons looking in—I had a red purse, containing half-a-sovereign and half-a-crown—Lamb called my attention to it, and I then missed it—I have not seen it since.
WILLIAM STINSON (City policeman No. 100.) On the 2nd of January, the prisoner was pointed out to me by Lamb—I took her into custody, and took her towards the prosecutrix—on my way I was holding her clothes by her shoulder—I saw my sergeant, and told him to search her, fearing she would drop something—I saw her drop half-a-crown, and then half-a-sovereign
from her breast, but no sixpence, nor any purse—she was searched by a female, but nothing more found on her—I did not know what was lost when I searched her.
Prisoner's Defence. He laid hold of my clothes, and the money dropped—the officer gave me part of my father's money back.
WILLIAM STINSON . The Alderman told me not to return the shilling, the half-sovereign, and the half-crown—I gave her back the rest—I had hold of her by the back part of her left shoulder—she had a basket on her arm—she put up her left hand, and dropped half-a-crown, and half-a-sovereign.
GUILTY . Aged 16.— Confined One Year.
372. WILLIAM MERRIMAN was indicted for stealing, on the 2nd of January, 17lbs. of mutton, value 9s.; and 40lbs. weight of fat, value 13s.; the goods of Edward Spreckley, his master; and FRANCIS JENNER feloniously receiving the same, knowing it to be stolen.
EDWARD SPRECKLEY . I am a butcher, and live in Albemarle-street. The prisoner Merriman was in my employ for three weeks, and he lived with me before—in consequence of information which I received, before the 2nd of January, I applied at the station-house for some policeman to watch my premises—some mutton and meat was produced to me, at the station-house, on the 2nd January—I am sure it is my property, because I know the fat—I had missed a shoulder of mutton and a neck from the shop, and some suet and fat—I know nothing of Jenner—I had seen the property safe the afternoon before—I knew the suet by its coming out of a particular bullock—it is very rich—we were obliged to put it to go away as fat, and the mutton we know—it is scored in a particular way.
Cross-examined by MR. CLARKSON. Q. Did you find any mutton in Jenner's house? A. We found 32lbs. of fat, but I could not swear to its being mine—I found 40 1/2 lbs. of my fat at the station-house—that was different from the 32lbs.—the fat was in a bad state—I asked the magistrate if I should take it to the tallow-chandler's—that was what we found in his house, and the tallow-chandler has the money for him when it is applied for—the shoulder of mutton is here—I can identify that.
JOHN LINSDALE BEASTALL . I am an apprentice to Mr. Spreckley. On Friday morning, the 2nd of January, I and the prisoner Merriman were in my master's shop from ten minutes before six o'clock to about ten minutes after—we were left alone in the shop—Merriman asked me if I was going to have any coffee—I said I did not know—he came to me and said, "I will toss you for some"—I tossed, and won two cups of coffee, which was 3d.—he gave me a shilling to go and get it and pay for it—he told me to have mine at the coffee-shop and to pay for his—I went out to the coffee-shop by the Arcade in Piccadilly, and had some coffee—I returned to the shop in about five minutes, and saw him altering some shoulders of mutton, changing the places where I had hung them—I said, "What are you changing them for?"—he made no reply, and went out—he came back in about five minutes, and in about a quarter of an hour or twenty minutes, a person named Stone called, and in consequence of what he said to me, I examined the mutton and missed a shoulder—it had hung up in the part where he was altering them—I had hung it up myself—I saw that shoulder of mutton at Marl borough-street—I knew it by a mark on it—it is in Court—it was in its proper place in the shop when I tossed for
the coffee, and when I went out—it must have been removed in the five minutes I was absent; and he was hanging up more fresh ones with the others when I returned.
Merriman. The shoulder of mutton, you say was missing, was sold over-night. Witness. It was not—I hung up eight in the morning, and I found only seven.
Cross-examined by MR. CLARKSON. Q. When you came home, Merriman was doing something with the mutton, and left the shop? A. Yes; he went to have his coffee—I did not notice whether he took any thing with him—I know the mutton by having cut it off myself—it is cut as butchers generally cut it—I know it by the score—butchers do not all score them that way—very few of them do—I don't know any body that scores them as I do—it was scored when it was on the sheep—we cut it when the sheep is warm, in order to make it appear fatter than it really is—here is a neck which I can also speak to—it is one of Mr. Perkins's Southdown sheep—this neck is my scoring, and was in the shop the night before—butchers all score them on the loin, neck, and down the shoulder.
COURT. Q. Have you any doubt of it being the mark you made? A. I have not a doubt of it.
MR. CLARKSON. Q. Was the shoulder cut from this neck? A. No; it is not—it belongs to the other side—Merriman helps me to kill sheep, but I dress them always—I never saw Jenner.
GEORGE STONE (police-constable C 99.) In consequence of information I received, I watched the shop of Mr. Spreckley on the 2nd of January, in the morning, and a little before six o'clock I saw the shop door open, and two men come out—in a few minutes afterwards those two men came back with a cart—while the cart stood at the door, I saw Jenner come down Albemarle-street with a basket under his arm—he crossed over Piccadilly and went towards the Green-park—he came back again and went up Albemarle-streetagain, and looked into the shop-door—the cart was gone away then—he went half-way up the street, crossed over, and stood there for ten minutes or a quarter of an hour, then went back to the shop and stood at the corner of Piccadilly—I went past him, and saw the basket was empty, except a cloth—he walked past the shop, stood there a few minutes, and while he was there I saw a boy come out of the shop—directly the boy got into Piccadilly, the prisoner Jenner ran across the road into the shop with the basket under his arm—he came out without it and went towards Piccadilly—while he went towards Piccadilly, I saw Merriman come out at the shop door, and look up and down the street—he then went into the shop, and came out with the basket full, and a cloth over it—he placed it on the step of the next door, and went to the shop door again—Jenner ran over to the shop door, and had some conversation with him—then Merriman went inside the shop, and Jenner went and took the basket from the door.
Q. Jenner never left the street? A. He stood at the corner of the street, and when the basket was brought out of the shop, he was at the corner of the street—I followed, and stopped him in Albemarle-street, near Grafton-street—I asked him what he had got in the basket—he said, "Meat"—I asked him where he got it—he said he bought it at Newport market; and that he had just come from there—I said he had been and bought it very quick, for I had seen him a few minutes ago in the street with such a basket—he said that I certainly had not—I then told him I saw the butcher bring it out and lay it on the step, and he went and took it away—he said it was quite
false—I took him to the station-house, and found it was a shoulder of mutton and a neck, and 42lbs. of suet-fat—I afterwards showed it to the prosecutor—I returned to the shop, and called the boy out—I asked Merriman who the man was who had come in there with a basket—he said no man had been there with a basket; only one man had been in, and he had half a pound of steak—I told him what I had seen—he said the man gave him 6d. for the steak, but he had not change, and he went out and got it, and gave him 3 1/2 d.—he afterwards said a man did bring a basket in, but he had forgotten it; he thought the man would call for it again, and he put it on the step for him to take away—I found 13s. on Merriman—Jenner is a hawking butcher, I understand—Jenner said he lived at No. 37, Exeter-street, Lisson-grove, and there I found some fat.
MERRIMAN— GUILTY . Aged 19.— Transported for Seven Years.
JENNER— NOT GUILTY .
(See Third Day, New Court.)
MARY HANNAH MORGAN . I am the wife of Henry Morgan, a broker, of Ray-street, Clerkenwell. On the 4th of December I had been out, and when I came back I missed six brushes from the window-ledge—they had been tied together—I had seen them safe half an hour before—my man was shutting the shop up when I went out—I have not seen the brushes since—Fann, Burn, and Wilson, gave me information.
ANDREW BURN . I live in Three Pigeon-court, Ray-street, Clerkenwell. On Thursday evening, about a month ago, I was with Wilson and Fann—I went to Morgan's shop with my brother's tea, and saw the prisoners standing there—I saw Arlington take the brushes from the shop, and both run away together with them—Wright was in his company, and went after him—he could see him go into the shop to take the brushes, and he joined him when he came out.
JOSEPH FANN . I live with my father, in Ray-street. I was with Burn, and saw the prisoners looking into the cook-shop, next door to the prosecutor's—I then saw Arlington go on the top step of the shop and take the brushes out of the window—Wright was at the next house, and ran after him—both ran together up the green, and met together on the green—I saw them together for five minutes—we told the prosecutrix of it.
JOSEPH COOMBS . I am a constable of St. James, Clerkenwell. I produce a certificate from Mr. Clark's office—I was present on the 28th of November, 1833, when Wright was tried and convicted—I was a witness, and know him to be the same person mentioned in the certificate—(read.)
Arlington's Defence. I never saw Wright.
Wright's Defence. I had nothing to do with the brushes.
ARLINGTON*— GUILTY . Aged 17.
WRIGHT*— GUILTY . Aged 17.
Transported for Seven Years.
NEW COURT, Tuesday, January 6, 1835.
Sixth Jury, before Mr. Common Sergeant.
ENOS BENFIELD . I live in Marylebone, and have a partner. The prisoner was in our service; on the 19th of December one of our men said he should like his hat to be taken off—he refused, but the man took it off, and found in it this two yards and three-eighths of kerseymere—I asked how he came by it—he said it was not mine—I repeated the question, and he said it was mine, and that he had cut it off a piece—I compared it, and it matched exactly—there was some cloth found in his box, which I cannot swear to; but I had lost some.
Cross-examined by MR. PAYNE. Q. Had you told him it would be better for him, or threatened him? A. No—the men do not work with their hats on—this could not have fallen into his hat—I will give him employment again.
GUILTY . Aged 18.—Recommended to mercy.— Confined One Day.
JONATHAN PEACOCK . I am in the service of Mr. John Wilson, a butcher. I went to Leadenhall market for his meat on the 27th of December—I left my cart for a minute, and when I returned I missed 61lbs. of beef—I found it in Mr. Arnold's cart in Newgate-street—I am sure it is the same—I had the fellow rump and the loin of the same bullock.
ROBERT POCKLINGTON . I carry on business in Newgate market. On the 27th of December the prisoner brought a rump of beef, and sold it to me—I showed the same beef to Wilson and Peacock, who claimed it.
Prisoner. Q. Were there not two more persons? A. Yes; the beef was put down on my board—I asked whose it was, and you said yours.
GUILTY .— Confined Three Months.
CHARLOTTE SWEET . I am the wife of James Sweet, a private in the 9th regiment of Foot. I keep a second-hand clothes shop in Playhouse-yard. On the 21st of December, about twenty minutes past nine o'clock, the prisoner and another woman came in—the prisoner asked for a woman's apron—I showed one to them—as the prisoner came in, I saw her take up something, and put it under her shawl and apron—I judged it was my saucepan—they went out without buying the apron—I came round, and missed the saucepan—I went after them—I caught the prisoner, and took this saucepan from her in a pet—the policeman came and took her.
Cross-examined by MR. PRENDERGAST. Q. Was it yours? A. Yes, I can swear to it—I had used it once—it was new when I bought it—there was no mark or maker's name on it—I bought it of a man in Coleman-street
—I do not know his name nor the number—I have bought dozens of him—he does not keep a shop—he is a regular tinman—I deal in the general line—I sell things of all descriptions—this was on Sunday morning—I do not take pledges—I have no license as a pawnbroker—I frequently buy of persons whose names I do not know.
Prisoner's Defence. I was passing through Playhouse-yard, and this saucepan stood on the pavement—I had sent a person to pawn a saucepan with the prosecutrix some time ago, and she lent 3d. on it—I took this saucepan up merely to ask if this was it—I had paid her 2d. interest on a chair the morning before.
CHARLOTTE SWEET re-examined. I certainly did buy a chair, and she came and bought it again—I should have sold it again to any one that came—I do not know what I gave for it—I never bought a saucepan of the prisoner, to my knowledge—I cannot say who I buy of or sell them to.
NOT GUILTY .
JOHN MAYES CLARKE . I am foreman to Mr. Rymer, currier, Nassau-street. These thirteen pairs of boot-backs, and twelve pairs of boot-fronts, are his, I am positive—I have not sold them—I know the prisoner well—he came to our shop two or three times a-day—he was there on Friday, the 12th of December, in the afternoon, and purchased a small quantity.
Cross-examined by MR. PAYNE. Q. How long have you been in the prosecutor's service? A. About nine months—the prisoner has been in the habit of coming for leather—he sometimes had a basket to carry it in—sometimes he had one similar to this—he has sometimes carried leather away in his hand—Mr. Rymer carries on a pretty good trade—I did not sell any to a Jew, to my knowledge—there are five or six persons in my master's employ—here are letters on these backs which I put on them—I can swear these have not been sold, for they are not finished—we never sold any in this state—these require to be oiled on the inside—that is done by the men in the back shop—one other person sells beside me, but I superintend the selling—these have never been oiled since they were blocked—these backs are worth 20s. a dozen, and the half-fronts 24s. a dozen.
RICHARD COLE . I am a boot-maker, and live in Greek-street, Soho. I have known the prisoner some years—on Friday, the 12th of December, he brought thirteen pairs of backs and twelve pairs of boot-fronts—he asked me to buy them—he asked 15s. for the backs, and 20s. for the fronts—I said I would have them; but I had before had some communication with Mr. Rymer—I sent my boy to him—he came, and took the prisoner—the property was given to the officer.
Cross-examined. Q. How far are your premises from Mr. Rymer's? A. Two or three hundred yards—the prisoner professed to make children's shoes—I had bought some Wellington fronts of him on the 10th—he said he had them to sell himself—and then on the 12th he brought those others—between the 10th and the 12th I had had a communication with Mr. Rymer—I prosecuted a man here—I could swear to the backs and fronts that he stole—if any one brought these to me, I should say they were Mr. Rymer's, by the shape of the block—scarcely two persons' blocks are alike.
Prisoner's Defence. I have been acquainted with a Jew for some time—I have bought articles of apparel of him—I do not know his name—I saw him one day come from a shop—he said to me, "You are a shoemaker"—I said, "Yes"—he said he had an article that would suit me, and he pulled out two pairs of fronts—I said they did not suit me, I was in the children's line—I saw him again in about a week—he said he had a dozen fronts to sell—I bought them of him, and sold them to Mr. Cole—two or three days afterwards I saw the same man, he said he had some more backs and fronts to sell for a person who was failing, in Whitechapel—I bought these of him for 1l. 17s.—I then went to Mr. Cole, and was taken.
(The prisoner received a good character.)
GUILTY . Aged 54.—Recommended to mercy.— Confined Three Months.
Prisoner. It was given to me out of the cart to carry to No. 19, Rose-street, Soho. Witness. No, no one gave it to him.
GUILTY . Aged 18.— Confined Three Months.
BENJAMIN KELSEY . I am a fancy trimming manufacturer, and live in New Nichol-street, Bethnal-green. The prisoner was in my employ—it was his business to go about the town, sell goods, and receive money—my son delivered the goods to him in the morning, and it was his duty to bring back the goods or the money—on the day before the officer took him, which was in December, he came into the warehouse where I was, and said, "A fine morning, Sir"—I turned and said, "Yes, and a fine game you have been playing with me"—he fell on his knees and said he hoped I would forgive him, and give him two years to pay the money back—I said, if I gave him that privilege, he would rob me to a greater amount still.
Prisoner. I have been fifteen months in his employ—I used to take out goods, and sell them to whom I pleased—he asked me, on my return, where I sold them—the books will prove that I had weekly, monthly, and even longer accounts. Witness. He was to return the goods or the money every night, except goods which he booked to customers—some of them paid weekly, some monthly, and some when they pleased—he had weekly wages himself—in many cases he entered these goods to persons who never had them.
COURT. Q. Had he entered these 84 yards of fringe to any body? A. Yes; to Mr. Wornell's, in Newgate-street, but they never had them.
WILLIAM KELSEY, JUN . I am the prosecutor's son. It was the prisoner's duty to take out property and sell it, and give an account of it—on the 24th of October I have an entry of 84 yards of fringe to Mr. Wornell, of Newgate-street; three dozen at 2s. 10d., and four dozen at 3s. 9d.—I entered it from the prisoner's mouth—Mr. Wornell's account was monthly.
Prisoner. I admit that I have given wrong statements in some certain instances, but since I have been committed, my employer has been collecting goods by my direction and information—I gave an account where articles had been left on approbation. Witness. He gave no information, but I believe some trifling articles have been returned—eight dozen of gimp.
JOHN DOBSON . I am warehouseman to Messrs. Wornell's, of Newgate-street. I did not receive 84 yards of fringe on the 24th of October—we have no entry of any thing of the kind, which we should have had, had it been delivered—I know the prisoner—I can swear he did not leave these goods.
Prisoner. He has not been the only one who has purchased goods—I have sold goods to two persons in the house—I have been obliged to sell goods lower than the invoice price, to keep the connexion together.
GUILTY . Aged 34.— Transported for Seven Years.
There were three other indictments against the prisoner.
JOHN FRAY . I manage the business for Mr. Edward Boyle, in Farringdon-street. The prisoner came there with a man on the 29th of December—they looked at some black silk handkerchiefs, but bought nothing—the prisoner was brought back by an officer soon after, with these handkerchiefs—they had been in our shop a little before, and are the property of Mr. Edward Boyle.
FREDERICK PRINCE (City police-constable No. 79.) I saw the prisoner and a man go into the shop—I saw them come out again, and followed them—I knew the prisoner, and asked what she had got under her shawl—she said, "Nothing"—she put her right hand under her shawl, and threw these handkerchiefs behind her—I took them up and took her.
GUILTY .* Aged 19.— Transported for Seven Years.
GUILTY .—Recommended to mercy.— Confined One Month.
SAMUEL TURNER . I live with Mr. Davies, in Tothill-street, Westminster. On the 13th of December I was at our window, and saw the prisoner at Mr. Jones's door, putting something in his pocket—I went over and took the prisoner—I told him I thought he had taken something.
the prisoner was brought into our shop by this witness—I saw him drop this handkerchief—I took it up—it is my master's.
Prisoner's Defence. In the morning I was in bed—my sister took my handkerchief and pawned it—I got up, and went to get it out. I waited in the shop for ten minutes or a quarter of an hour, and in coming out I knocked down the handkerchief with my hand.
GUILTY .* Aged 16.— Transported for Seven Years.
JAMES BAKER . I live in Friar-street, Kingsland-road. On Christmas-eve, I bought a pair of trowsers in Hampstead-road—I went towards my own home, but missed my way—I was a little intoxicated—I had my trowsers over my right arm—the prisoner came and snatched them from me—I tried to save them, and fell down—with my falling, the policeman could not get near the prisoner, and he made his escape.
Cross-examined by MR. DOANE. Q. You were rather drunk? A. I was able to sign my name where I went to—I was coming home from Tottenham-court-road—I got into Brick-lane, as I found by the policeman—I asked him where I was—I did not know before—I asked my way to Kingsland two or three times—the policeman was not more than nine or ten feet from me—he might have seen the prisoner—I was taken to the station for being drunk.
JOHN BURNHAM (police-constable H 58.) I was in Brick-lane between one and two o'clock that morning—I saw the prosecutor, who asked the way to Kingsland—I told him; I went to the end of the beat, and he followed me, and whether he knew me or not, I cannot tell, but he asked me again, and I again told him—in about a minute I saw the prisoner in a stooping position, and he snatched the trowsers from him—the prosecutor was pulled down—the prisoner saw me, and ran away—he dropped the trowsers—I pursued, and took him.
Cross-examined. Q. Was not the prisoner drunk? A. He was the worse for liquor—I saw him come to the corner of Slater-street, in a stooping position—he dropped the trowsers three or four yards from him, and ran off.
Prisoner's Defence. Being Christmas-eve, I had two or three drops with my parents, and my brother, who lives in Three Colt-lane, Bethnal-green—when I left there, I was so tipsy I was not able to stand upright.
----PERRY. I live in Queen's-place, Hackney-road, and am a confectioner. I have known the prisoner sixteen or eighteen years—on Christmas-eve I fell in company with him about half-past eleven o'clock—we were at the same house, spending the Christmas-eve—he was in a most dreadful state of intoxication—I left him about five minutes before one o'clock, with Mr. Sumpter.
WILLIAM SUMPTER . I am a master stone mason, and live in the Curtain-road. I was with the prisoner on Christmas-eve—he was in a state of intoxication—he might be there till a few minutes after one o'clock—I saw him home, but did not see him in—he fell down twice in going home.
NOT GUILTY .
CHARLES HUMBY . I keep a boot and shoe shop, in Cumberland-row, St. Pancras. On the 5th of January, a person gave me information—I ran out and missed a pair of boots—I saw the prisoner some distance off with them in his hand—I ran after him—he dropped them—some boy picked them up, and I saw they were mine—I took the prisoner and the boots to the station-house.
GUILTY .* Aged 16.— Confined Six Months.
OLD COURT.—Wednesday, January 7th.
Fourth Jury, before Mr. Sergeant Arabin.
PATRICK MEADE . I am a journeyman carpenter, and live in Holbrook-court, Fitzroy-market. On the 20th of December, I was in a public-house, in Tottenham-court-road, between eleven and twelve o'clock at night—I was not intoxicated—I did not sit down, but stood at the bar—I cannot say how long I had been there—I work for Mr. Brown, of University-street—I left work about six o'clock, and went into the public-house with a friend—I remained there till this time—I was going home, met another friend, and went into this house—my three half-crowns were in my jacket pocket—I went into the house—I had them in my hand, and put them in my pocket—after eleven o'clock I was robbed, but I was intoxicated.
MARGARET MEADE . I am the prosecutor's daughter, and am twelve years old. I never go to church—I believe if I tell a lie I shall go to hell—I went to Mr. Gurney's public-house, in Tottenham-court-road, with my father—he was going home, and met a man who asked him to have something to drink—we went into this house, then into another, and stopped there till eleven o'clock—my father had three half-crowns in his pocket—I saw him put them into his left hand side pocket, in the first public-house—I did not see them taken—five or six men were standing behind his back—one of them put his hand into my father's pocket, and took the money out, but how much, I do not know—I cannot say who took it—the prisoner was one of them.
EDWARD RAMSHIRE . I am a policeman. On the 20th of December, I was outside this house—there was a disturbance—the prosecutor gave the prisoner into custody, and said he had lost two half-crowns and a shilling—he then said it was three half-crowns—I searched him—he produced nine half-crowns—the girl came forward and said he was the man who took the money from her father's pocket—I immediately took him—he told the Inspector a girl had given him the money—he said at first it was his own.
NOT GUILTY .
386. EDMUND THACKER was indicted for feloniously breaking and entering the dwelling-house of Joseph Thacker, on the 21st of December, and stealing two spoons, value 6s.; and 1 pair of stockings, value 6d.; his property.
JOSEPH THACKER . I am the prisoner's father. He has recently returned from sea—I allowed him to live in my family—I live in Fuller-street, Bethnal-grccn—on the 21st of December, I went out about ten o'clock,
leaving him in my house, and my wife went out after me—I returned first at night—I have lodgers—I found the prisoner at home—he had the key of my front room in his possession, but not of the back room in which the property was kept—I found the back room had been opened by a false key, and the property gone—I found that room locked when I came home at night—I lost a silver tea-spoon and a caddy-spoon.
SARAH THACKER . I am the prisoner's mother-in-law. I locked the parlour door, and gave my husband the key—if any body went into it, it must have been about eleven o'clock in the morning—I left at a quarter before eleven o'clock, and the prisoner came that afternoon to Chelsea, where I was—the key of the front room, I understand, has been altered, to fit the back room.
ZACHARIAH BAKER . I am a policeman. I apprehended the prisoner for an assault, on the 28th of December, at his father's house—the duplicate of the property was left on the table with the key of the front room, which had been filed to fit the door of the back parlour—I tried it myself.
Prisoners Defence. The key has been in two persons' possession before I returned—I never entered the room—if any property was taken, it was not by me.
NOT GUILTY .
Before Mr. Justice Taunton.
387. GEORGE GLOVER was indicted for stealing, on the 23rd of December, at St. Stephen, Coleman-street, in the dwelling-house of William Adams Larby, 1 cash-box, value 2s.; 11 sovereigns; 1 half-crown; 10 shillings; 17 sixpences; 4 £10, and 3 £5 Bank-notes; his goods and monies;—20 sovereigns; 1 £200, 2 £10, 1 £30, and 1 £5 Bank-notes; the monies and property of James Maxwell.
JAMES MAXWELL . I live at the Crown and Anchor, on the Pavement, in Moorfields, in the house of William Adams Larby, my brother-in-law. I occupy the whole house—my brother-in-law does not live there—I have the care of it for him—I do not pay him any rent—he has the whole interest in it—I live there merely to take care of it—it is a public-house—on the 23rd of December the prisoner came to the bar, about half-past twelve o'clock—he asked for a glass of half-and-half—I served him myself—he requested to see the newspaper—I went for it, but it was engaged—he called for another glass of half-and-half, and asked again to see the newspaper—I went a second time to see for it—I did not get it, and when I was returning to the bar, the maid-servant called me, and gave an, alarm—I immediately pursued after the prisoner, who was gone—I caught sight of him about a hundred yards from the house—I went up to hurt in Moor-lane—he had the box in his possession, tinder his coat—I could see the shape of the box under the breast of his coat—I could not see the box itself—I took it from him—a young man was with me by that time, and we brought him back to the house with the box—I left nobody in the bar when I went for the newspaper—the box contained 400l. and 1s.—335l. belonged to me, and the rest to Larby—there were twenty sovereigns in cash,
one £200, two £40, one £30, and one £5 note—four £10 notes, three £5 notes, eleven sovereigns, one half-crown, ten shillings, and seventeen sixpences, belonged to Larby—when I brought the prisoner back, I sent for an officer, and gave him into custody—I kept possession of the box and money—I had seen the box in the bar not more than ten minutes before this took place.
Cross-examined by MR. DOANE. Q. Had you seen the money before the prisoner came into the house? A. I saw it after he came into the bar—he did not leave the bar after he first came—I saw the money in the bar during the time he was in the bar—I left the bar, to fetch the newspaper—I was absent not half a minute—there was not time for any body to come in.
COURT. Q. You say you saw the box and money after the prisoner came to the bar? A. Yes, I unlocked the box to give change for a sovereign, in his presence.
ELIZABETH DARBY . I live in the house as servant. I remember seeing the prisoner there, at the bar, on the 23rd of December—I was going to the tap-room door to see what o'clock it was—I saw him put his arm over the bar and take the box—I directly told Mr. Maxwell, who went out after him—I saw him brought back with the cash-box.
Cross-examined. Q. Had you opened the bar door when you saw this? A. No, just as I was going to put my hand to the tap-room door to open it, I saw him put his arm over the bar and take the box—I had my hand on the door to shove it open—the tap-room door is on one side, and the bar is on the other—I was at the tap-room door—I could see into the bar, as it was open—there was nothing to prevent his seeing me, except my being short—I could see the cash-box—I did not stop him, but went and told Mr. Maxwell—the prisoner was gone out before I could speak—he had not to pass me to go out—I was a good way from the street door.
JOHN BURRIDGE . I am an officer of Coleman-street ward. I was sent for by Maxwell, on the 23rd of December, and found the prisoner in the parlour, in custody, and took him—the dwelling-house is in the parish of St. Stephen, Coleman-street.
(Susannah Clarkson, widow, Waterloo-road; Phoebe Rogers, 10, Duke-street, Westminster-road; Samuel Head, butcher, Newgate market; and George Steel, butcher, Newgate market; deposed to the prisoner's good character.)
GUILTY . Aged 35.—Strongly recommended to mercy in consequence of the great temptation thrown in his way by Maxwell.— Transported for Life.
Before Lord Chief Baron Scarlett.
388. RICHARD COMBRON was indicted for stealing, on the 29th of December, at St. Augustine, 216 yards of printed cotton, value 5l. 17s., the goods of Isaac Lawrence and others, in their dwelling-house.
JOSEPH BIRD . I am warehouseman to Isaac Lawrence, of Nos. 4 and 5, Watling-street. The warehouse is part of the dwelling-house—I do not live there, but I am there in the daytime—it is in the parish of St. Augustine—Mr. Lawrence has two partners—they are Scotch and Manchester warehousemen—last Monday week, the 29th of December, about half-past nine o'clock in the morning, I was reading the newspaper—I heard the warehouse door open—I looked round, and saw the prisoner take up a few prints on his shoulder, and walk out with them—I had not seen him come in—I saw him taking them on his shoulder, and walk off
with them—I followed him out—he found I was after him, and threw the prints down on the pavement—I pursued him to Old Change—he ran—I pursued him across Cheapside, down Foster-lane—he was stopped there by a man—I brought him back to the warehouse, and gave him in charge; and, as I came back, I saw Mr. Mills taking the prints up off the pavement.
Cross-examined by MR. DOANE. Q. Was it a foggy morning? A. No; quite clear—I saw him take the goods, and followed him—I lost sight of him for a moment turning round the church, for about a second—nobody was running at that time—I called out, "Stop that person," when I got into Old Change, and two or three persons ran then—they were behind me—nobody was running before me—I could hear persons running behind me—I am confident nobody was running between me and the prisoner.
JAMES HALLOWELL MILLS . I live at the prosecutor's. I came into the front warehouse, and saw several persons about the door—I went out, and saw, on the pavement, nine pieces of our prints—I took them up, and brought them into our warehouse—I saw Bird on the opposite side of the road, with the prisoner in custody—Bird brought him over, and gave him in charge of the policeman—I took the prints into the warehouse—(produced) I know these to be the same as I delivered to the policeman—they are our goods, and bear our mark.
Cross-examined. Q. Is it a private mark? A. Yes; it is a character put on by some of the young men in the warehouses—it is marked in pencil on the goods—we do not take it off when we sell goods—I only know them by the mark—there is nothing to enable me to swear these have not been sold.
JOSEPH BIRD re-examined. I lost sight of him for a moment—I am quite certain he is the man—he was only a moment turning the corner—he was running, and the only person running when I turned the corner.
Cross-examined. Q. Did you state, at any time, that you were tying up your shoe when you saw the prisoner? A. Never—I never wear shoes—the goods are worth 5l. 17s.
Prisoner's Defence. I was coming from breakfast, and going up Old Change, I heard the cry of "Stop thief," and saw a number of people running—I ran, as the rest did—a man stopped me, and said, "You had better stop"—I said, that was the man who was running—Bird came up when there were twenty people round me—he said, "I believe you are the young man; however you must come back to No. 5, Watling-street"—when I got to Old Change he gave me in charge; and, as I was going into the warehouse, a gentleman came up, and said they were thrown at his feet—the witness said, "I saw him throw them at your feet"—he said, "No; you are mistaken in the man; he is not the man"—I was going to speak to the gentleman, and Bird ordered him out of the warehouse directly—then the man who stopped me came in, and said, "I stopped the man, am I of any service?"—he said, "Perhaps you may"—he said, "I cannot say whether that is the man, or the man who was before him"—"Then," said he, "you need not attend."
JURY to JOSEPH BIRD. Q. Was the prisoner in the same dress he now wears? A. He had a light jacket on—I cannot recollect his dress now—I know his countenance well—he is the man I saw leaving the warehouse.
Prisoner. Q. You say you saw me enter the warehouse? A. No; I heard the door open—I looked round, and saw you taking the prints—I was near the counting-house door—I did not say, at the examination, that the door was open for the prints to be left to dry—I did not lose sight of you in crossing Cheapside—you were about ten yards from me when you were taken—when I came up, there was only one person by—a man came into the warehouse, who stopped you—I did not hear him say any thing myself—it was another person answered him—I did not prevent your speaking to him—I did not order him out of the warehouse—it was not required to bring that man here, as you were not out of my sight, except for a moment—I know you are the same man—I know you by your countenance.
COURT. Q. Did you see his face before the prints were taken? A. I cannot say I saw his face.
JAMES H. MILLS re-examined. I did not hear any body say he was not the person—I took the goods into the shop, and the constable followed—I was at the warehouse till the prisoner was taken away—I heard nobody say he was not the man—one man did come into the warehouse—I only heard him say, "Am I any longer wanted?" and somebody said, "No"—the prisoner said, when he was taken, that he had been out of employ a long time.
GUILTY . Aged 27.— Transported for Life.
Before Mr. Justice Bosanquet.
FRANCIS SZARKA . On the 24th of December, I lived at No. 188, Strand. I occupied the house myself—it is in the parish of St. Clement Danes—I have a shop, and deal in furs and skins—on the 12th of December, I was called down to speak to the prisoners—they had asked to see some fur collars before I saw them—they were fur collars, of black lambs—they spoke French—I showed them some black lamb-skins—they selected two, with great nicety—they were a great while about it—they said they would leave them, and I requested them to mark the skins, as they were to leave them—they said that was of no consequence, for they were not suspicious, like the English—there were some common boas, lying across the counter, which were not good enough for them—they asked if I had any sable boas—they called them "sable"—I said, "Yes," and requested them to come back into the back shop—they went with me into the back shop, and I showed them some boas—I opened a drawer in which they were—they looked at several, and when they came to the prime sable tails, Kehn brushed up the hair, and said they were very nice, and they would bring their ladies tomorrow to select some—I showed them some muffs, which they looked at, and on looking back, I saw Kehn twist a boa round his hand, take the ticket off it, and show it to me, asking whether that was the price—I told him, "Yes"—after looking at the muffs, they departed, and took out a sovereign, and paid for the skins 12s.—that was all they bought—they went away—I went back into the back shop, and put away my boas—I instantly missed one of the best boas—I called to my daughter, and said I had been robbed—there were no boas lying about, when I first went into the back shop with the prisoners—they were all in the drawer—there was nobody in the back shop, besides myself and the prisoners, from the time they first went
in, till I missed the boa—the boa I missed, was one of those they had looked at—it was worth 13l.—I instantly called for my hat, put on my boots, and ran out to a tailor's shop, to inquire about them, as they said the fur was for collars—I did not find them—I went as far as Cheapside, and told Mr. Kohla, in case any body should come, to stop them—I went to my son, to caution him if two foreigners came to his shop—I have not seen the boa since.
Cross-examined by MR. PHILLIPS. Q. Is your son in the same line of business? A. He is—he does business for me since I have had two houses—he minds my business in Bond-street—my back shop is a small room—the boa was two yards and three quarters long, but may be put in a small compass—I did not go to the door with the prisoners—I went into the front shop with them out of the back parlour—it was between three and four o'clock, and daylight—I was pretty close to them—I gave them my son's card, and told them, as I was going to move my business, if they wanted any thing in that line, I would be obliged to them to call in Bond-street, where my son lived—I told them he was my son—I was about moving at the time—I had taken stock about three weeks or a month before I saw the prisoners—I had customers in the mean time—I do a great deal of business—this was on a Friday, and I saw the prisoners again next Friday—I did not see them at my son's—I am quite sure I apprised them that the person in Bond-street was my son, because, when they said, "Our ladies will come next day," I said, "If your ladies should not be pleased here, I have got a shop in Bond-street; most likely there is what will suit them there"—my daughter was behind the counter, in the front shop—it is at the corner of Arundel-street—it is a longish shop, and narrow—my daughter is not here—she was engaged with a gentleman in the front shop—a person must pass by her to go out from the back shop—there were two gentlemen engaged with my daughter, buying a collar, when the prisoners selected the two skins; and when the prisoners followed me into the room, my daughter cleared away the goods in the front shop, and she had no interference with me whatever—there was nobody in the front shop but her, when the two prisoners walked through the shop after the transaction—the gentlemen had gone, but she was engaged putting away the things—she was behind the counter—they would pass by her—the counter is about twenty inches broad—it is rather narrow—a person sitting behind could see over it—Kehn asked me the price of the boa—Lemann had a great coat on, and the other had quite a different coat on, but they are the men.
GEORGE SZARKA . I am the prosecutor's son. The prisoners called on me, in Bond-street, on Saturday, the 13th of December, between three and four o'clock—I had received from my father, on the previous evening, a warning, cautioning me to be on my guard—when they came, they showed me a parcel, and unwrapped it—it was two black lamb-skins—on seeing them, and the prisoners answering the description, my suspicions were excited immediately, and I looked for our private mark on the back of the lamb-skins—not understanding the French language perfectly, I did not understand whether they wished to sell the skins, or for me to show them a piece of the same kind—I found our private mark was not on them—I took them into the back shop to gain further time, to make up my mind what to do—Kehn followed me into the back shop, and the other remained at the door of the shop—Kehn seemed to wish to take the skins out of my hand, and by his manner I supposed he meant that he would get them somewhere else—he took them from my hand, and walked into the front
shop to the other—I put my hand on the parcel as they were just wrapping them up, and said, "Messieurs, voules vous reste?"—I then put the parcel under my arm, and told a young lad in the shop to fetch a constable, and that I detained them on suspicion of robbing my father of a sable boa, value 13l.—Ince, the constable, came, and took them to Vine-street station-house, where my father saw them—I did not tell them what I detained them for—I told the constable I detained them on suspicion of robbing my father of a sable tail boa—I spoke in English.
Cross-examined. Q. Did they tell you they had been referred to your shop by your father the day before? A. They did not, nor did they produce any card to me—my father's name is over the door—I should think they were a quarter of an hour or twenty minutes in the shop before the constable came—there was nobody else in the shop at first, but I called out to know why the constable was not come, and then my wife came into the shop—the prisoners remained in the shop all the time—I heard them talking to each other, but could not perfectly understand it—I heard them say, "Donnez directio," which, I understood, meant, "Give him your address."
JAMES INCE . I am a constable. I went to the shop in Bond-street, being fetched by a young man—I found the two prisoners in the shop—he gave them into custody on suspicion of robbing his father of a sable boa—I took them to the station-house, and searched them both—Lemann gave me a card, and made me to understand, as well as he could, that that was where he lodged—I went to Panton-street, and found out where he lodged, according to the direction on the card—I searched his lodgings, but found none of the property—I brought away a pocket-book—there was nothing in it but letters and various papers, in a foreign language—I could not find out Kehn's lodging till he was at the office—Mace, the officer, searched, but found nothing at all there.
Cross-examined. Q. The younger one gave you his card of address, which you found quite correct? A. I did—Kehn wrote his direction for me—both gave their right addresses.
The prisoners had the evidence communicated to them by an interpreter, through whom they stated—that they had noticed some common boas on the prosecutor's counter, on which he invited them into his room to look at some of a superior quality, they being judges of the article, but they had no intention of making a purchase—that, upon leaving, the prosecutor gave them a card of his address, in New Bond-street; and next day being in want of two larger skins, being nearer to Bond-street than the Strand, they went to that shop, where the prosecutor's son detained them—that the papers found upon them showed that they were connected with respectable commercial houses, and had no occasion to commit a dishonest action.
NOT GUILTY .
Before Mr. Justice Taunton.
FREDERICK PRIEST . I am in the employ of Mr. Abraham Harrison Dry, a pawnbroker, in St. Martin's-lane. About three o'clock on the 6th of December, the prisoner came to the shop with another man—he asked if I spoke French—I said "A little"—he asked if I had any brilliant rings—I
told him I had, and showed him a tray with a quantity of diamond rings on it—they were all diamond rings—he tried on six or seven—they were fastened on the card, and I took them off for him to try on—there was a diamond ring, marked 25l., which I had noticed—I took that off the card—there were none of his size, that would go on his finger—he asked if we had any more—I showed him another tray, with very few diamond rings on it—I turned round to reach that tray from the window—I took one ring off a card in that tray—he tried it on, and asked his companion to look at it—he said he did not like it—he returned me the ring; the other one said in French, "Let us go," and they went—when they were gone, I was putting the rings on the card again, and missed a brilliant ring, which he had tried on, of the value of 25l.—it was a single brilliant ring—there was a single brilliant ring besides that, but this was a different shaped stone from the others—we had not another of that size and shape—the apprentice was serving at the other part of the shop, which is appointed to the pawnbroker's business, and the prisoner was in the sale shop—there was no other customer in the shop besides the prisoner and his companion—the apprentice was in the sale shop, but he was on the same side of the counter as me, but not near the place—he was a yard from where the rings were—he was serving somebody at the end of the shop, and came to the end of the shop that I was at, to go to the till to help himself to money—it is quite impossible that the apprentice could have taken the ring—I missed the ring about three minutes after the prisoner and his companion left the shop.
Cross-examined by MR. PHILLIPS. Q. Are your goods hung up in the window for persons to see them? A. Yes, there is jewellery and silver goods—there is only one window to the shop—this was about three, o'clock—I do not remember what sort of a day it was—the apprentice is seventeen years old—I cannot say whether Kehn was the person who came with the prisoner—I never said he was not—the person who came to us was without spectacles—I was sent for from the police-office, and informed that two foreigners were in custody—I saw both the men at the police-office—I saw the prisoner first—I expressed a belief that the other was the man, but I said I was not confident—I took no notice of him—I had no conversation with him—he merely walked about the shop—when I said the prisoner was one of the men, I said I was not confident of the other.
Q. Was not the person you were serving, visible from the place where the apprentice boy was serving the other customers? A. Not when he was at the end of the shop—there is a partition over the counter, between where I was and the apprentice—there is a glass case—the back is painted glass—there are silver things in it, which impedes the view still more—the shop is rather dark—I was behind the counter, and rather near the till—the person I was serving, was facing me—the apprentice came to the till, and helped himself with money—he did not face the person I was serving—the counter where I showed the things, runs in a different direction—there is a straight counter along the shop, and this counter runs off—the apprentice would see me and the prisoner, if he looked round—he did not speak to me—he is not here—the gentleman the apprentice was serving, was in the shop before the prisoner—the shop is quite divided—there are six doors—four to the boxes—one leading from the shop to the boxes—there are two doors leading from the street into the shop—the person did not come in at the shop door—he was in the boxes—he was some
stranger—many people might come into the boxes while I was in the shop, and I not know it—there was a customer there—I do not say whether it was a man or a woman—I have not been asked the question—it is quite another part of the shop—he did not come in at the same door—there were customers in the boxes—I do not know how many—there were other people in the shop, because the apprentice could not be serving nobody at all—I am sure he was serving somebody, because he came to the till for money—I do not recollect whether the prisoner had a black or white cravat on—he had a blue coat—he wore a hat—I have been a witness here as a pawnbroker, ten or twelve times, I dare say—I will not swear it is not twenty or thirty times—I am confident I cannot have been so often as forty times—I have lived with Mr. Dry about eleven months—I have never attended here from his shop—I am twenty-two years old—I never remember a case similar to this—perhaps one thousand persons pledged at the shop in the course of the week the prisoner was there—Mr. Dry is not here—he was not in the shop during any part of the time the prisoner was there.
COURT. Q. Are you positive the prisoner is one of the two men? A. Yes; I have not a doubt about it—I speak from his features—he was in conversation with me for ten minutes, I suppose—I recollected his countenance at the time I first saw him at the office—the ring has never been recovered—I missed it two or three minutes after the prisoner was in the shop—I went round to the different shops in several directions, but could see nothing of him—I did not go out for two or three minutes after missing it—it was about five minutes after he left the shop, that I went out after him, and about three minutes after missing it.
MR. PHILLIPS. Q. Can you speak French? A. A little—Iunderstand it—I speak it enough to make myself intelligible to a foreigner.
Prisoner's Defence. I really am so much surprised at this new accusation brought against me, that I have nothing to say in answer, only that I am quite innocent—I leave it to you.
NOT GUILTY .
Third Jury, before Mr. Recorder.
MR. CLARKSON conducted the Prosecution.
GEORGE PAYNE . I live at Milton, near Newport Pagnell, in Buckinghamshire. I have a brother, who lives at Charlton, named Jonas—we are both farmers and graziers, and are in the habit of sending stock to Smithfield market—I know a drover called Thomas Horton—Allcock has the care of my beasts at the market—on the 15th of December I and my brother had beasts for sale at Smithfield—I disposed of my stock before him, and then assisted him—the practice of dealing is this: we trust a beast to Allcock, at Smithfield—Horton is the man who attends to sellling the beast, which we leave in Allcock's care—he is to deliver them, when sold—there are bankers in Smithfield—if an ox is bought by me, I must go to the drover and say, "I want the bullock of such and such a person"—having made a bargain with the owner first, the purchaser of his drover should go to the seller's drover and state he wants the ox—Allcock, the drover, should then go to the banker, and see that the ox is paid for; and, according to his information, he delivers it or not—it is the invariable course to pay for beasts before delivery—we expect it, we look to the
banker for payment of the money—the beast is delivered to the buyer or his drover—on Monday, the 15th of December, a person bargained with me for a bullock, for 28l. 10s.—the prisoner is very much like that man—he gave the name of Peachey, I believe—that was one of the bullocks Allcock had the care of—it belonged to my brother Jonas—I should think any body acting as drover would be acquainted with the mode of dealing—I believe there is no other mode of dealing.
COURT. Q. You mean you never sell on credit? A. Never, I should say it is invariably the custom to deal for ready money.
MR. CLARKSON. Q. What the banker's custom may be with purchases, you do not know? A. No, I do not know whether my brother was in the habit of dealing with a person of the name of Peachey—I should not have dealt with the person unless I expected the bullock was to be paid for.
Cross-examined by MR. DOANE. Q. You have been asked whether it is the practice to let bullocks go on credit—have not you heard it sworn that it is not the usual practice to require the money first? A. It is not the practice with me, and I expect other people deal in the same way—it is the regular fair mode of dealing in the market—I have no doubt it is frequently broken in upon.
MR. CLARKSON. Q. About what time in the day was this transaction? A. I cannot say—it was between ten and four o'clock.
SOLOMON BENNETT . I am a butcher, and live in St. George's market, London-road. I know the prisoner—I was at Smithfield market on Monday, the 15th of December, and saw him cheapening a bullock, with Mr. George Payne, between ten and eleven o'clock—I heard him bid 28l. 10s. for a bullock—I am sure the prisoner is the man who bid that sum.
Cross-examined. Q. Did you speak to either of the parties? A. Yes, I spoke to the prisoner—I am certain of him—I heard him bid 28l. 10s. for it, and knowing him, I thought it rather a strong price for him to bid—it was worth that for a man to cut in his own shop—I asked him, "Are you going to carcass this bullock?" which means sending it to market—he said "Yes"—I said, "I think it a good deal too dear, you will lose 2l. or 3l. by it"—I was not before the Justice—I was speaking to the drovers last Monday week, and heard of this.
Cross-examined. Q. You may have had? A. I do not recollect that I have—I do not believe I had.
COURT. Q. Was this sold for 28l. 10s. or not—was the bargain concluded? A. Yes, my brother, I believe, made a memorandum of it at the time.
JONAS PAYNE . I am a grazier. I had some cattle at Smithfield market on Monday, the 15th of December—I know Francis Peachey, of Brixton—I sold him an ox that day, for 24l.—I sold no other ox for 24l. to a person named Peachey—these memorandums are what I made of the sale of beasts that day—that bullock is entered here, and lower down is an entry of one sold to Peachey for 28l. 10s.—I put that down from my brother's information—I had had no dealings with any Peachey except for the 24l. one.
Cross-examined. Q. These are memorandums of sales? A. The beasts were set down as they were sold—I considered them as sold—there are two other names between the two entries to Peachey.
FRANCIS PEACHEY . I am a butcher, and live at Brixton. On Monday, the 15th of December, I bought a bullock of Jonas Payne, for 24l.—I paid for it at Jones's, the bankers, within half an hour of making the purchase, which is the usual manner of dealing—I did not take it away for some time—I went to my drover and pointed it out—I saw him mark it with ochre, not with a letter, but a private mark—I paid the money at Jones's to the credit of Jonas Payne—I did not take it into my possession till after I had paid for it—it is usual for me to put the letter "P" on all the cattle I purchase—I am at Smithfield every market day—persons could see how I managed my business—the bullock I bought arrived at home—I have known the prisoner three or four years, and have seen him at Smithfield pretty often—he formerly used to work for my drover, and he has driven cattle to my place—I did not agree to buy a bullock for 28l. 10s. in partnership with him, and share the profit between us—I have not spoken to him for years.
THOMAS HORTON . I am employed by Mr. Allcock, a drover, at Smithfield. On the 15th of December I had 14 oxen under my care, belonging to Jonas Payne—I know the prisoner perfectly well by sight, but not by name—I remember some person coming to me that day for a bullock, in the name of Peachey—as near as I can guess, it might be twelve o'clock—I cannot say the prisoner is the person—I do not think I can identify the man who drew it—I do not think I delivered it myself, but somebody came respecting a bullock for Mr. Peachey—I went to Jones's, the bankers, and made inquiry there whether a bullock was paid for in the name of "Peachey"—I did not mention any sum—in consequence of what I learnt, the ox was delivered—two were delivered in the course of the day in the name of "Peachey," but I was not present when Mr. Peachey's, of Brixton, was delivered—it was afterwards that his was delivered—I remember the hide of the bullock I delivered—I saw that hide down at Rudderford's slaughter-house, Lambeth-walk, and afterwards at Queen-square—I am certain it was the hide of Payne's bullock, which had been delivered in the name of "Peachey"—it had a large "P" on it, exactly as Mr. Peachey, of Brixton, marks his—I should not have delivered it if I had not belived that it was paid for—nobody represented to me that the price of that particular bullock had been paid.
Cross-examined. Q. You say Mr. Peachey had the mark of "P" on his bullock? A. Yes; that is his usual mark—I had 14 bullocks—they were all marked by the drover's mark, which is a very small "P," but this was a large "P"—they had only one "P" on before they were sold—Mr. Peachey's and this one had more than one "P" on, I believe, when I parted with them—I will not take on myself to say that there was not more than two—it is customary for the purchaser to put a mark on it—I swear to Jonas Payne's drove mark—not to the large "P," every one has got the mark on it—I had some in my care three markets Mondays and Fridays—they had the same mark as those I had the preceding Monday—I can swear this hide is one of the 14 I had that Monday, by the drove mark—I had none of Jonas Payne's since the 14th—I had before, but they had a different mark—the hide I saw, was one of the fourteen I had in my possession—I did not see the second ox delivered—I know another Mr. Peachey; but we have transactions with no other.
MR. CLARKSON. Q. Who is the other Mr. Peachey? A. He lives in Tooley-street—he bought nothing of us that day.
MR. DOANE. Q. Have not you sworn the prisoner it not the man? A. I said I could not swear I delivered the bullock, to him—I do not think I have sworn he was not the man.
MR. CLARKSON. Q. Did you distinguish Mr. Peachey, of Brixton, as the man who had made a purchase? A. Yes; the hide was obliged to be sold—it was shown to the magistrate, and the mark pointed out—I did not take sufficient notice of the person to whom the ox was delivered, to enable me to say whether it was the prisoner or not.
COURT. Q. Do you mean to represent you are not aware whether the prisoner is the person who had it delivered to him or not? A. I cannot say he is—I was not present at the very time it was delivered—I gave orders for it to be delivered, when I came back—I was present when it was demanded, and went to the banker's—I was not there at the time it was delivered—I was at the next drove—they all stood round together—I cannot say whether the prisoner is the person who came or not—he did not apply to me personally—he applied to the man who stood round the beast—I heard his voice, but did not see him, either before I went to the banker's or afterwards—I did not see him, to my recollection.
RICHARD JEFFRIES . I am a clerk in the banking-house of Alfred Jones, in Smithfield. On Monday, the 15th of December, I received 24l. from Mr. Peachey, of Brixton, whom I knew before—I was to place it to the credit of Jonas Payne—I did so—here is an entry in the book, written short 28l. 10s.—at the time, Jonas Payne called the book over in the evening, to ascertain what was paid, and what was not, Mr. Jones made this entry short, as not paid—the entry was made from this memorandum.
ALFRED JONES . I am a banker, and live in Smithfield. I have a customer named Jonas Payne—on Monday, the 15th of December, I settled an account with him—(looking at the book) this 28l. 10s., if written short—Mr. Payne debited the bullock to Mr. Peachey—I made that entry by Mr. Payne's direction—he found one bullock he had sold for 28l. 10s. was not paid for—it sometimes happens that a person purchasing a bullock, does not pay for it at the moment—I should pay that money to the grazier, and afterwards deduct it if not paid.
WILLIAM STRIBBLEHILL . I am a slaughterman in the employ of Mr. Rudderford, at Lambeth. On Monday, the 15th of December, the prisoner brought an ox to me about one o'clock in the afternoon—I slaughtered it by his direction, and dressed it afterwards—I produced the hide of that ox at Queen-square—it could not be kept in the state it was without spoiling.
GEORGE RUDDERFORD . I keep a slaughterhouse at Lambeth. On the 15th of December, Stribblehill was in my employ—a bullock was slaughtered there—I was not at home when it was brought—on my return home he was dressing it, and in the course of a few minutes the prisoner came in—I said, "Is that your bullock?"—he said, "Yes"—I saw him again that night—the bullock was then finished—he said he was going to send it to market to-morrow morning, and would I let his porters have it in the morning—I said I would, and I delivered it to them in the morning—I asked him who was to have the hide—he said a man named Kelly, who would call on Wednesday for it, but somebody called before that (on Wednesday), and had it away—he brought it back again the same day—I am certain it was the same hide—in the course of the Wednesday evening, in consequence of what I heard, I waited about, and saw the prisoner in Lambeth-walk—I called him into a master butcher's shop, and said, "Young man, about this
hide"—he said, "Mr. Kelly will call for it in the morning"—I said, "I am not satisfied about it, for I have heard you have not come fairly by the bullock"—he said he had bought it fairly, and paid for it to Mr. Jones, 28l. 10s.—I did not know his name at that time, and asked him his name—he said it was Hooker—I said, "How came you to mark it with a 'P?'—it ought to have been marked with 'H'"—he said he bought it with a man in the name of Peachey, and they were to have the profits between them when it was carcassed.
Q. Did he say in or of the name of Peachey? A. Of—he said he bought it together with a man named Peachey—that is what I understood—he said with a man in the name of Peachey—as I understood him, he bought it with a man named Peachey, and they were to share the profits between them—I asked him where the man lived—he said he did not know—I took him into custody, and took him to the station-house—he said they bought it between them, to share the profits.
THOMAS COARE . I am in the service of Mr. Abrahams, a butcher, in Lambeth-walk. I was at Mr. Rudderford's slaughterhouse on Monday, the 15th of December—I know the prisoner very well—I saw him there—he had an ox—it was just knocked down as I got there—I saw him next evening in Lambeth-walk, and in consequence of what I heard from Rudderford, I asked the prisoner why he took the ox away so soon, because I thought it was a pity it should be cut down so soon, as it would injure the meat very much—it would not look so well—he made answer that it was on the mall, and he was afraid they would be after him—I did not understand what he meant, but I supposed he meant it was got away without being paid for—I told master of this in the course of half an hour.
CHRISTOPHER RICHARDSON (police-constable L 33.) I received charge of the prisoner on Wednesday, the 17th of December—as I brought him from the station-house to the office on the following morning, he said if he had obtained the bullock, they could merely make a debt of it.
JURY to MR. JONES. Q. When an ox is sold to a stranger, is it not usual for the parties to go together to the banker's? A. No; we only take the word of the salesman—only the owner goes.
Q. Is there a phrase in the market, that "their heads are swollen," meaning, if they are not paid for, they are not allowed to go out of the market? A. I know nothing of that—the drover comes to inquire if the ox is paid for, the purchaser does not come with him—I cannot say there need be any confusion in our business.
G. PAYNE re-examined. The person who bargained for the ox, and gave the name of Peachey, was a stranger to me, and Mr. Peachey is a stranger to me—he obtained no credit from me by using that name.
(Frederick Zinc, picture-dealer, No. 8, Windmill-street, gave the prisoner a good character.)
GUILTY . Aged 18.—Recommended to mercy, on account of the carelessness of the drover.— Transported for Life.
Prisoner. Q. Did you never give me authority to carry or send out
rags? A. Not unless you took them out with a horse and cart—he had no authority to deal with the rags without my knowledge and direction.
SARAH ABRAHAMS . I am the prosecutor's wife. On the evening of the 1st of January, I was passing my husband's warehouse in York-street, and saw Abraham Phillips standing inside the warehouse gate—I stood to watch, and saw the prisoner put a bag of rags on Phillips's shoulder—I followed him into a shop in Shoreditch—I went into the shop, and he was going to sell them—he put them on the counter, and a boy belonging to the shop was coming out to attend to him, but I asked for the master—the mistress came, and I claimed them—I got Russell to take Phillips with the bag, which I knew to be ours.
ABRAHAM PHILLIPS . I am eleven years old. I go to the synagogue, and am the son of Aaron Phillips, of Three Tun-alley, Goulston-street—I have known the prisoner three months—my cousin worked at the prosecutor's warehouse formerly, and I got acquainted with the prisoner—he met me in the street in the morning, and said to me, "If you will come to-night to carry a bundle for me, you shall get a 1d. or 2d. by me"—on the 1st of January, he met me about one o'clock, in the street, and said, "Come to-night, I will get a bag of rags ready for you—you shall go and sell them, and I will give you a 1d. or 2d."—I went and received the bag, and took it to Mr. Sears, of Shoreditch—the prisoner told me to sell them in my father's name—I gave my father's name there—I got 1 1/2 d. a pound for the rags—I do not know how many pounds there were—I did not sell any this night, but when I had been there before—I was stopped on this night by the prosecutrix, and given in charge—I had some oranges—the prisoner said, "Leave them here, I will mind them for you," and I left them.
Prisoner. Q. Did you ever sell any for your cousin? A. Never; you met me in Church-street—I had my oranges with me—I have sold eighteen or twenty lots for him.
JOHN HAYES SEAR . I am the son of John Sear, who is a stationer and dealer in marine stores, in Shoreditch—I have seen Phillips, eighteen or twenty times, at our shop—he has brought rags for sale—he gave the name of Phillips, 17, Goulston-street.
(Property produced and sworn to.)
Prisoner's Defence. The lad has stated false—I believe he was employed by his cousin to do this, before I came to work there; and when the cousin was taken up on the evidence of the lad, he was discharged, by saying it was me.
MRS. ABRAHAMS re-examined. I saw the prisoner put the bag on his back—the witness' cousin was out with his master at the time.
GUILTY . Aged 21.— Transported for Seven Years.
THOMAS BOWER . I am pot-boy to Henry Dod, who keeps the Devonshire Arms, Devonshire-street, Marylebone. On the morning of the 31st of December, I was collecting pots in Devonshire-place, and saw the prisoner take a pint pot from No. 6, Wimpole-street—it was between the rails, on the curb—she ran away, and put it under her shawl—I immediately left my pots, and ran after her—a footman came out of the house, and stopped her—he took a pot from her, and gave it to me.
BENJAMIN WILLIAMS (police-constable D 31.) On the morning of the 31st of December, I was on duty in Wimpole-street—I heard the police called, and took the prisoner into custody—I found a quart pot, marked, "S. Brown, Weymouth Arms," under her shawl—Bower had the pint pot in his hand.
(Property produced and sworn to.)
The prisoner pleaded poverty.
GUILTY . † Aged 20.— Confined Six Weeks.
THOMAS HOBBS KING (police-constable N 248.) On the evening of the 20th of December, about six o'clock, I saw the prisoners together at Battle-Bridge, going towards Pentonville—there was a cart by the side of the road, but no horse to it—they went and stood by the wheel of the cart, and then walked away to the Bell public-house, about thirty yards—then returned, and passed the cart on the opposite side of the road, about thirty or forty yards—they then returned to the cart, took something from it, and ran across the road together—they were together all the time—I saw Jordan put something under his coat—Davis passed me first—I caught hold of Jordan, close behind him, and asked what he had under his coat—he said he had nothing—I found the reins under his coat—I took him to the station-house—Davis ran away, and was taken afterwards—I am quite positive of him—I have known him for three or four years.
ROBERT CAFFLIN . I live with my brother James, who keeps a potatoe warehouse in Pleasant-place, Clerkenwell. I left my brother's cart in the road—it was loaded with vegetables, and the reins were buckled to the rails of the cart—they are my brother's.
GEORGE COLLIER . I am a policeman. I apprehended Davis, at Battle-Bridge, on the 26th of December—I told him I wanted him, concerning the reins which he took with Jordan—he said he had not seen Jordan for nine days or a fortnight—however, he had not seen him since Saturday.
Jordan's Defence. I was walking down by the butcher's shop—I saw something lying by the side of the road—I went, picked it up, and found it was the reins—I walked on about one hundred yards—a policeman stopped me—Davis was not with me, I had not seen him after nine that morning.
JORDAN*— GUILTY .
DAVIS*— GUILTY .
Confined One Year.
NEW COURT.—Wednesday, January 7th, 1835.
Second Jury, before Mr. Common Sergeant.
GEORGE LEMON . I live in White Hart-yard, King's-cross, and am a coachmaker. On the 23d of December, between six and seven in the evening, I was in Lancaster-street, Burton-crescent, in my gig, with a friend—I stopped at No. 15, and asked Ormond to hold the horse—I had my cloak in the chaise, and I put it over the horse when I went into the house—I remained about ten minutes—Ormond then knocked at the door, and told me something—I ran down the street in the direction he told me,
but could not see any thing of the cloak—I came back, and spoke to a policeman—the cloak has not been found.
EDWARD ORMOND . I am ten years old—if I do not speak the truth, I shall go to a bad place—the gentleman put the cloak on the horse, and gave him to me to mind—the prisoner and two other boys came down the street—the prisoner, who was the biggest of them, then came by himself, and asked me what I would take for my chance—I said 2d.—he then went and patted the horse on the neck—there was a whistle, and he whipped the cloak off the horse, and ran away with it—I told the gentleman—we went and could not find him—we told the policeman, and we went to some court in Compton-street, but could not find him—the policeman went home with me, and, in two or three days, the policeman brought the prisoner to the door—I said, "That is him."
Prisoner. It was not me—I know nothing, about it Witness. I am sure he is the boy.
GUILTY . † Aged 19.— Transported for Seven Years.
396. THOMAS SWINDLE was indicted for stealing, on the 13th of December, 1 pocket-book, value 1s., the goods of Frederick Vigne, from his person; and THOMAS TIPPER was indicted for feloniously receiving the same, well knowing it to have been stolen.
MESSRS. ADOLPHUS and GURNEY conducted the Prosecution.
SWINDLE pleaded GUILTY .— Transported for Seven Years.
FREDERICK VIGNE . I live in Connaught-square. On Saturday, the 13th of December, I was about the middle of Fleet-street, going westward—I lost my pocket-book—this is it (looking at one)—I think I had passed Bouverie-street—it was between four and five o'clock.
Cross-examined by MR. PHILLIPS. Q. Is there any thing particular in this book? A. No; only a pair of scissors and some memorandums.
JOHN HAMMOND . I have come from the Compter. I was admitted a witness by the Alderman, as an accomplice. On the 13th of December, I was in Fleet-street, in company with Swindle—we were not out for the purpose of thieving—I had no knowledge of thieving—I did not know what he was going about—I did not see Swindle draw the pocket-book out, till after Tipper picked it up—I did not know Tipper before, but there was a pocket-book on the pavement, and Tipper picked it up—I did not know how it came on the pavement—I was with Swindle—I hardly know whether it was near us, or at a distance—we all three stooped together, quite close to one another—the book was on the pavement when Tipper picked it up—he tapped us on the shoulder—Swindle turned round, and said, "Tipper, it is me"—Tipper said, "I did not know you, but it is all right"—the book was then on the ground—Tipper stooped and picked it up, facing Carlile's window—he then went down the street by the side of Carlile's—he looked at the book, opened it, and said there wes nothing in it—he was sorry for it, and it was a bad job—he asked us if we were going to stand treat—we said no, we had no money—Tipper said he would not say any thing about the book, for he would sooner—(drawing his hand across his throat)—he wished us a good afternoon, and we went away—it was then four o'clock on Saturday evening—on the Tuesday evening following, I was in company with Swindle, and saw Tipper again at the corner of Farringdon-street—we were standing there—Tipper came up to us, and asked us why we did not go to work, for there were plenty of handkerchiefs
to be drawn—he asked us if we had any money—we said no—he said he would be 2d. to our 2d., and we said we had no money—Swindle said he ought to stand treat, as he had the pocket-book—Tipper said, "Very well, come along" we went down Farringdon-street, and into Mr. Gurney's gin-shop—Tipper called for a quartern of gin, and pulled out a handful of silver and gold, and paid for it—while we were in the gin-shop, Tipper made his biags of what he had seen done on Sunday night—he said he had seen plenty of handkerchiefs drawn in Fleet-street, and he was glad to see it, for the City had served him dirty once or twice, and he gloried in seeing the City robbed—he stated he had been to Dixon's Repository, and he had seen rare work going on; for he had seen the "swell mob" at work like men; and so well he got paid for it; for he had seen an old countryman drawn of an old brown purse, full of money; and he had paid three different shillings to go into Dixon's Repository three different times in a day—I do not know whether there was any thing going on that day at Dixon's—we then came out of the gin-shop and walked up Farringdon-street, all three together—we walked to the top, and Tipper met three of the " swell mob" and walked up towards St. Paul's Church-yard with them—I do not know their names, but Swindle told me they were the "swell mob"—I only knew them by Swindle telling me so—Swindle and I were at the corner of Farringdon-street, and in half an hour Tipper came back with two watchmen, and had us taken into custody—he did not state what for, till we got to the watch-house.
Q. Go back for a moment to the day when this pocket-book was taken off the pavement; did you see any policeman? A. I saw one who was No. 91, not above a minute before, in Fleet-street—I did not notice any one afterwards—I did not see Swindle again till the Tuesday—I was taken as, a thief before the Alderman.
Cross-examined. Q. I dare say you were greatly astonished at being taken up as a thief; you that told my friend you had no intention of stealing? A. I was astonished, at the moment, that Tipper should take me for the book—I was astonished that a charge of theft should be made against a man like me—I did not know what the "swell mob" meant—I have read in newspapers, it is a better sort of thieves—I do not particularly know what it meant—I have come here to speak the truth, and I have spoken it—I was in earnest when I said I had no intention of stealing, and I did not know that Swindle had, or I would have quitted his company—if I had known he had done any thing dishonest, I would have gone and told some policeman—I thought Tipper was acting dishonestly, when he said it was a bad job that there was nothing in the pocket-book.
Q. Then why did not you tell of Tipper? A. I cannot answer—I have never been placed in this place before—I have come here to-day for the sake of justice, not to save myself—I knew nothing about it—I did not know the book was stolen.
Q. In the whole progress of this transaction do you mean to tell the Jury you did not know it was stolen? A. At the end I did, when Tipper picked it up, and I thought Swindle stole it—I did not seize him nor call to any policeman—I dare say there was no policeman there at the time—I cannot say why I did not inform against him.
Q. You were never taken up before, I am sure? A. O yes, Sir, I have—Tipper took me up once, before this pocket-book—I did not bear him any good-will for that—I have not been taken up by any body but him for the last three years—I was taken by an officer—I do not know who—
Tipper took me up for walking along the street, and I would not stand any thing to drink—the other officer took me for carrying some chairs on my head, which had been given me to carry—I was taken to the Compter and to Guildhall—I was committed by the Alderman for a month to Bridewell—I did not produce the person who gave me the chairs.
Q. Did you draw your hand across your throat, as you have done here, at Guildhall or the Justice-room? A. No, Sir, I did not forget it, but I have been to a place where no one could have told me any thing—what I have stated is the truth—I stated that I saw the swell mob, and Tipper walked off with three of them—what I said, was read over to me after I stated it, and I put a mark to it—I cannot write.
Q. Was it read over to you that Tipper went away with three of the swell mob? A. Why, Sir, it is a long while—I forget—it is three weeks ago next Friday—I did not mention about the countryman and the brown purse full of money—I did not think of it at the time—I don't know whether I said any thing about Dixon's repository—I did not go out with any intention of stealing—I would not steal.
MR. ADOLPHUS. Q. When you were taken up, were you committed to the Old Bailey or Clerkenwell to be tried, or were you committed by the magistrate? A. I was committed by the magistrate, and I staid in prison for the time I was committed—this is the deposition which I marked.
ALEXANDER HALL . I am a patrol. My beat is on Ludgate-hill—I saw Tipper on Tuesday evening, the 16th of December, just after seven o'clock—he said he had two lads he wanted to give in charge to me, for picking a gentleman's pocket, and he had the property about him—I asked him how he came by the property—he said, "Never mind, will you take charge of them?"—I said I would—we walked down to the bottom of the hill—he said, "You had better have another with you, as there are two of them—I have been drinking with them in at Gurney's, and they will be here in about five minutes"—I then beckoned to Ruberry, who came out of Fleet-street—I told him in Tipper's presence what he had said—Grigg then came up—I left them and went away.
GEORGE RUBERRY . I am patrol of St. Bride's. I have known Tipper four or five years, but was not particularly acquainted with him—when I first knew him, he was in the Metropolitan Police, but I was not in it above nine months myself—I merely know that he was in the force—on the 16th of December I was in Fleet-street, coming off my beat, and was called by Hall—there are three regular patrols, and two extra men on duty—they come on at six o'clock—in the daytime there are policemen there—any body might call them at a minute's warning, I should think—when I was called, I found Tipper at the corner—I knew his face—he said, "O, is it you?"—I said, "What is the matter?"—he said, "I have a little job in hand, but I have been so ill-used by some of your City men, that I don't like to give it to every body—I should like to find a person I could depend upon—they will be here directly, let us go over to the other corner"—the boys then came up, and I took them in charge—before they came, Tipper said they had drawn a gentleman of his pocket-book in Fleet-street, opposite Carlile's, that he had the book about him; and I was to mind how I handled them, for they were rum customers—he had had to deal with them before—he said they drew the pocket-book, and ran down Bouverie-street—that he went after them, and picked it up—he said, "Swindle turned round and said, 'Tipper, you won't come it upon us'—and he said,
"No, of course not"—we took the boys to the station-house—nothing passed in going along; but, when we got inside, he said to the boys, "I cannot help it"—it was about half-past seven o'clock—I said to the Ward beadle, "He gives charge of these two boys for stealing a pocket-book on Saturday afternoon"—Tipper gave the charge himself—he said, he had witnessed these boys taking a pocket-book from a gentleman, and he had the book now in his possession—in going down Farringdon-street to the Compter, Swindle said something to me—I afterwards told Tipper of it at a public-house—I said, "Do you know what Swindle said of you?"—he said "God perish me blind if he did not take the dummy from me when we drawed it—I suppose he meant a pocket-book—I have heard them called dummies—I told Tipper this in a public-house opposite St. Sepulchre's church—in going up Fleet-street, Tipper said, "Let us go and have some beer"—I said, "No, let us first go and deposit the prisoners in the Compter," which we did—we then went to the public-house—I then told him what Swindle had said, and he said, "Well, I don't deny it, I did take it from them—in fact, I have so completely mixed myself up with the thieves, since I left the County, that I can do any thing I please with them; in fact, I do as I please"—on going to pay for the beer, he pulled out some silver and gold from his pocket, and said, "I am not without the b—y yellow men, you see—I get them easy"—I said, "Well, as you are so careless about them, you had better give us one"—he said, "No, I may want them in the way of business"—he said, "I will pay for this pot, and you pay for the next"—I said, "No, I want no more," and we left the house—in going down Fleet-lane, I said, "Have you known Swindle and Hammond long?"—he said, "Yes; and, in fact, I know almost all the thieves in London—I think they had better have kept me trapping, but I think I shall leave off trapping altogether, and stick to thieving—I think it is best"—I have been a patrol four years and a half.
Cross-examined. Q. You are a patrol still? A. Yes; I have never left it—Tipper knew I had been in the police—I had no personal acquintance with him—I told him that Swindle had said that he took the book from them—that was the charge that Tipper made against them—if Tipper had not charged these men, and offered to produce the book, no one would have known any thing about it—I had seen Hammond walking up and down the street—I had never had him in charge, or knew him to do any thing.
Q. Was it not one or two that you asked Tipper for? A. Yes; I said by way of a joke, "You had better give us one or two"—when he asked me to stand treat, I refused—he did not explain the kind of ill-usage he had got—he said he did not see an officer at the time of the robbery—he produced the pocket-book—this case is prosecuted by the City—I think it is five years ago since I belonged to the police—I left it because I was discharged for seeing a drunken man home off my beat—that was the last charge against me—I had had several—I was first reported for Christmas-boxing, and next for being off my beat in going with this drunken man to Rowbottom's coffee-shop—that is the most notorious place in London—that was my reason for going there—I thought I should see some of my customers—I was then discharged—I don't recollect any other charge against me—there might be some trifling things, such as over-sleeping myself or so—I think there were not more than one or two charges against me—the drunken man wanted some coffee, and Rowbottom's was the only
house that was open—I did not take him home, because he would not tell me where it was, till I got to the coffee-shop—I did not take any thing there but some coffee—I paid for it.
MR. ADOLPHUS. Q. All this matter about Rowbottom's came out before the Commissioners of Police; they thought it wrong, and discharged you? A. Yes; there may have been other charges against me, but I never went before the Commissioners before—I have been four years and a half a City patrol—if I had been applied to earlier than Tuesday, I should have taken these men either morning or evening—I cannot tell why I was not applied to earlier, any more than that Tipper said, that he thought there might be a reward offered for the book—I did not expect, when I asked him for one or two sovereigns, that he would give them to me—he said he might want them in a way of business—that was about half an hour after he first spoke to me about taking these boys.
COURT. Q. What had you said to him before he said he thought there might be a reward for the book? A. Nothing; he said of his own accord, "I have got it about me, I thought there might be a reward for it"—he said he did not know who the book belonged to, but he thought there might be a reward offered.
CHARLES THORP . I am a patrol of St. Bride's. I was sent for from the watch-house to accompany Ruberry and Grigg, to take Swindle and Hammond to the Compter—I then went to the public-house with Tipper, Grigg, and Ruberry, where we had a pot of beer—as we were going along, Swindle said, "Tipper took the dummy from us, and now he is coming against us"—when we were in the public-house, Tipper said he was so linked up with these thieves that he did not know how to got rid of them—he then pulled some money out of his waistcoat pocket—he took out a sovereign from among the other money, held it between his fingers, and said, "You see I am not without the b—y yellow men yet"—Roberry immediately says, "Perhaps you can spare us one of them, as you have got so careless with them?" he said, "No, I may want them in the way of business"—as we were going down Fleet-lane, I turned to Tipper and Ruberry, who were walking behind, and asked Tipper if he was aware that Swindle had been tried last Session—he said, "O yes, and we had something to drink on the strength of it"—it is part of my duty to be in Fleet-street.
Cross-examined. Q. Do you know whether Swindle and Hammond might have been found from the Saturday till the Tuesday? A. Yes; I saw them walking together in Fleet-street—I did not see Tipper these—I had seen Hammond about with other pickpockets—I did not know him in the House of Correction—Tipper and Ruberry were together when I spoke to Tipper—they were pretty near—Tipper answered me—I spoke in a moderate talking tone—I dare say Ruberry might hear me—I am not aware that he is deaf—he could not be off of hearing it, I am certain—I was in the public-house—I heard Ruberry say to Tipper, "Give us one of them"—I had known Swindle about twelve months, and Hammond not so long—Tipper said he wanted to get rid of the thieves—I did not hear him ask Ruberry to treat him.
MR. ADOLPHUS. Q. You have been asked about two men feeing near one another when something was said; does it happen that one man hears a thing in conversation, and another not? A. Certainly; Grigg was with me at the time—he was hastening to go on duty—Tipper was not in charge then; he was free, and stood a pot of beer, and talked with all
this freedom without my asking him any questions—I had never seen him before—I had seen Swindle and Hammond together after the Saturday—I could have taken them a dozen times over.
EDMUND WASHINGTON (City police-constable No. 59.) My beat is on the North side of Fleet-street, from the end of Farringdon-street to the Portugal Hotel, opposite Carlile's—there is another policeman on that side of the way—our hours are from eight o'clock in the morning till a quarter to seven o'clock in the evening—the other policeman meets me at the Portugal Hotel, and goes to Temple Bar—there are two policemen on the other side—one goes from the end of Bridge-street to Bouverie-street, and the other from Bouverie-street to Temple Bar—if there was a robbery there, they could always find a policeman within five minutes—there is always a man at that place within ten minutes—I did not see Tipper about six o'clock on Tuesday night—I had not seen him before, to my knowledge.
Cross-examined. Q. Do thieves wait till the policeman is found? A. I should think they would not.
ROBERT MASON (City police-constable No. 91.) I was on day duty in Fleet-street on Saturday, the 13th of December—I went off about a quarter before seven o'clock—if any alarm had been given of a robbery, I should think 1 could have taken the party—according to the best calculations I can make, I must have been within twelve yards of the place—I saw Tipper that evening about six o'clock—he was on the other side of the way—he did not tell me of any felony being committed near Carlile's—he knew me well, and that I have been on that beat two years and a half—I know Swindle and Hammond very well by sight—if he had given me any charge respecting them, I could have taken them before Tuesday, if he had given me a description, and I had met persons answering that description—I did not know their names, but I could have taken them twice—I saw Tipper on Tuesday, between two and three o'clock, in Fleet-street—he came to me and said, "I wish I had seen you on Saturday afternoon, I would have given two boys into your custody, about four o'clock"—I said, "You need not have gone far to find me; what had they been doing?"—he said, "I saw them draw a gentleman of a pocket-book, and they ran down Bouverie-stret—a little before they got half-way down, they dropped the pocket-book—I stooped down to pick it up, and they made their escape—if you hear of any one that has lost it, I can take the boys at any time I like"—he told me this on the Tuesday afternoon—he did not say one word to me about it on Saturday evening.
Cross-examined. Q. Did you see him on Saturday evening? A. Yes; I think about six o'clock—I have told all that Tipper said on Tuesday, as far as I can recollect—he said he could rely upon me, and that others had ill-used him.
MR. ADOLPHUS. Q. Had any thing happened between Saturday and Tuesday to make you more fit to be relied on than you were on Saturday? A. I hope not.
JURY. Q. In the discharge of your duty, is it your practice to stand still, or to move? A. There is one half-hour, when the coaches go from the Bolt-in-Tun, near Mr. Carlile's, during which time I do not move more than ten or fifteen yards; that is, from three o'clock till half-past three—my beat is three hundred yards long—that day the coaches had been later than usual—it was twenty minutes to four o'clock when they started—I had been to the bottom of my beat and back, which takes me
ten minutes, and I calculate I could not have been more than ten yards from the spot where this happened.
Prisoners Defence. On Saturday, the 13th, I had been into Fleet-street to make purchase of a hand of pickled pork—on returning, I saw Swindle and Hammond go behind two gentlemen—Swindle drew the pocket-book and passed it to Hammond, who dropped it—I instantly said, "Pick that up; you have picked that gentleman's pocket." They said, "For God's sake say nothing about it." I made use of several words, but seeing no officer handy, I suffered them to depart, but it was my intention to find the prosecutor, if possible—I had no chance of taking them then, I had a basket in my hand, and I knew I could take them when I found the prosecutor.
----WINKLEY (police-serjeant F 11.) I saw the prisoner at Bow-street station on Monday, the 15th—he stated to me that he had a pocket-book, stolen, as he believed, by two thieves opposite Carlile's shop—he showed me the book, and told me that if any inquiries were made about it, I should give the gentleman information that he had it—I can not tell what time it was—I think it was between four and five o'clock in the evening—he said there was no name in the book, but he saw it stolen; and while he stooped to pick it up, the two boys ran away—he said he could take the boys at any time, but he wanted to find the owner—he said he would try to find the person—I do not know that there was any thing to prevent his making away with the book.
MR. ADOLPHUS. Q. You have nothing to do with City robberies? A. No, not unless they are sent—Tipper told me this in conversation about other things—if a man knew of a felony being committed in the City, it would be his duty to go to the City policemen—I could not have interfered in it without the authority of the Lord Mayor—Tipper did not tell me who these boys were, or where to find them—I did not know that Mr. Vigne was found till the parties were in custody.
MR. PHILLIPS to MR. VIGNE. Q. Is your address in the pocket-book? A. No.
MR. ADOLPHUS. Q. Were you found out by means of the contents of that book? A. Yes.
DANIEL LYALL . I am a plumber, and live in Peacock-street, Newington. On Sunday, the 14th of December, I had one of my children dead—I saw the prisoner that day—he said there had been a robbery committed in Fleet-street, and he had got the pocket-book—he said there was no address or any thing in it, but he was in hopes he should be able to find the owner—he went with me on the Tuesday, about the middle of the day, to the burial-ground, to select a spot for the funeral—we were out about an hour—he then said he was in hopes the book would be advertised, and he should get a trifle for his lost time.
MR. ADOLPHUS. Q. Did he tell you how he got the pocket-book? A. No—he did not say he knew the boys who had done it, and could find them at any time that I recollect—I did not tell him he ought to take it to the City officers—I was in a great deal of trouble.
NOT GUILTY .
neck—I asked where he got it—he said he bought the duplicate of it—I asked him to pull it off, and let me look at it, which he did—I said it was a new one—he said no, it had been washed, and he had bought it of a boy they call Coddy.
FRANCIS CROUCH . I am assistant to Mr. William Hopwood, of Duke-street, Manchester-square. He is in partnership with his son—I do not know how long they have been partners—this handkerchief belongs to Mr. William Hopwood—we had a lot of these in our window on the 19th of December—I know this by the pattern, and it is hemmed, very few persons keep them hemmed.
Prisoners Defence. On the 20th of December, I met Fairchild close by where I live—he asked me to buy the duplicate of a handkerchief—I gave him 6d. for it—I fetched it out, and paid 2 1/4 d. for the interest—the young man is in Clerk en well for the same offence.
NOT GUILTY .
GEORGE ANTHONY . I saw the prisoner on Friday evening, the 26th of December—he had another young man with him—they were against the prosecutor's window—I saw the prisoner again with this roll of oil-cloth—I gave information, and he was taken at the door of a watering house—I had seen him take the cloth in there.
Prisoner. Q. How can you swear to me? A. They were standing talking, and the prisoner said, "Not yet"—I passed them, and they went to the corner of Southampton-street, and then I saw him with the oil-cloth—I am certain of him.
CHARLES JOHNSON . I was a police-officer of the E division, but have resigned. I took the prisoner by the direction of this witness, at the door of the public-house—this oil-cloth was found in the public-house where he had been.
Prisoner. I had been in the house two hours, when I was taken.
COURT to GEORGE ANTHONY. Q. How long was it from your seeing him with the floor-cloth, and your going to the public-house? A. Not more than ten minutes.
Prisoner's Defence. I had been in the house two hours—I came out to mind a person's cab till a job came, and this man gave me in charge.
GUILTY . Aged 22.— Confined Six Months.
399. JANE THEOBALD was indicted for stealing, on the 13th of December, 2 shirts, value 3s.; 3 pinafores, value 2s.; 2 frocks, value 2s. 6d.; 1 shift, value 2s.; 1 table-cloth, value 2s. 6d.; and 1 counterpane, value 2s. 6d.; the goods of John Costelly; and that she had been before convicted of felony.
MARY COSTELLY . I am the wife of John Costelly, of Sussex-place, Cromer-street. The prisoner was employed to take care of my children—she lodged with me, had her board, and 1s. 6d. a week—on the 13th of December, I gave her a table-cloth to wash—I have seen it since at the pawnbroker's—this is it—I missed this counterpane, this frock, and other things—they are mine—I asked the prisoner if she knew any thing about
them—she said, "No"—I asked her again—she said if I would give her time, they would not be lost—I asked her where they were, what had become of them, and if she had given them to any body—she said, "No"—I asked if she had pawned them—she said she had—I asked her to show me the tickets—she said she could not, but she could get the things by giving an oath, for she had destroyed the tick eta—I gave her in charge.
Prisoner. I said I had lost the tickets, not that I had destroyed them—she promised me forgiveness if I would tell her. Witness. No further than that if she put the tickets down, I would not expose her, nor give her into custody, but get the things out as I could.
BENJAMIN KITCHEN . I am in the service of a pawnbroker. I produce this counterpane, table-cloth, and all these articles—I took them in of a woman in the name of Ann Price—I do not remember who I took them of—Mr. Cordwell took in the counterpane, but he is not here—he is ill.
GUILTY . Aged 54.— Transported for Seven Years.
JOHN WARREN . I am in the employ of Messrs. Daniel and John Button, pawnbrokers, John-street, Edgware-road. On the 22nd of December, in consequence of information, I and another person went into the street—I saw the prisoner half a dozen doors off—I overtook him, and asked what he had got under his coat—he said, "Nothing"—I said, "Let me look"—I opened his coat, and found these trowsers—they are my master's, and have our mark on them.
GUILTY . Aged 19.— Confined Six Months.
401. JEMIMA BLACKMAN was indicted for stealing, on the 15th of December, 5 sheets, value 1l.; 1 spoon, value 3s.; 2 printed books, value 2s.; 1 blanket, value 4s.; 1 pair of boots, value 5s.; 1 flat-iron, value 6d.; 2 handkerchiefs, value 5s.; 1 frock, value 3s.; 1 coat, value 2s.; 4 shirts, value 8s.; 1 counterpane, value 10s.; 1 smock-frock, value 1s. 6d.; and 1 pair of trowsers, value 3s.; the goods of Robert Wolfford.
CHARLOTTE WOLFFORD . I am turned of fourteen years of age—I am the daughter of Robert Wolfford, of No. 14, Mary's-place, Hampstead-road. The prisoner lodged at my father's—I missed a pair of sheets from a box "I spoke to the prisoner about them—she denied them at first—I told her I would tell my father, and then she told me she had money coming to her, and she would get them out—she said she had pawned them—about a week afterwards I missed a blanket—I asked her what she had done with that—she said she had pawned it—I then missed a table-cloth—she said she had pawned that—I then missed the Bible, the spoon, and other things—she said she had money coming from the country, and she would get them out, as she had pawned them—I knew this for six weeks before I told my father—the prisoner was lodging in the back room, and I used to sleep with her—these are the things.
Prisoner. She gave me the sheets to pawn. Witness. No, my Lord, I did not—she begged and prayed of me not to tell.
ROBERT WOLFFORD . I am father of this witness. She told me something, and I charged the prisoner with taking these things—she said, "For God's sake forgive me; I have got some money coming from the country, and will get them out"—I took her to her husband, and asked if he would give me any recompense—he said no, and I gave her in charge.
CHARLOTTE WOLFFORD re-examined. Q. How was it you did not tell us you went with the prisoner to pawn these articles? A. I never went with her to pawn them—I went with her to fetch the boy's suit out of pawn three times—she pawned it three times—I never went with her to pawn any article.
Prisoner. The girl pawned the spoon and her father's shirts.
COURT. Q. Do you mean to swear you did not go to the pawnbroker's with them, nor any other articles? A. Yes; I never pawned any thing in my life for my father—I have been to pawn things for people in the neighbourhood, about two or three times—I do not know how they came to ask me—I pawned a table-cloth for Mrs. Lewis, at Mr. Wells's, for half-a-crown, and a watch for Mrs. Woodley, our landlady, for 10s.—I think at Mr. Baylis's—I swear I did not pawn this spoon.
WILLIAM LANCE . I am a pawnbroker. I have a shirt and sheet and other articles—I have eight duplicates—the prisoner pawned the greater part of these things, the others I cannot answer for—I have seen this girl with her, but whether to pawn or to take out, I cannot tell—the boy's suit has been pawned several times.
Prisoner. I pawned them through distress.
GUILTY . Aged 37.— Confined Six Months.
402. JOHN ALLEN was indicted for stealing, on the 1st of October, 4 yards of woollen cloth, value 3l. 12s.; and three-quarters of a yard of kerseymere, value 5s.; the goods of Joseph Tilley, his master.
JOSEPH TILLEY . I am a tailor, and live in Porter-street, Newport-market. The prisoner had been my apprentice for twelve months—on the 1st of October, I missed four yards of cloth and three-quarters of a yard of kerseymere—the prisoner absconded—this is the property.
JOHN JAMES BARTLETT . I live at Mr. Wood's, a pawnbroker, at the corner of Compton-street. This piece of cloth was redeemed by the prosecutor—it was pawned on the 1st of October, for 10s., by a boy, in the name of John Dove, for his mother, No. 17, Andrew-street—I do not recollect the person.
Prisoner. My master went out and staid out all night—he took a sovereign, and accused me of stealing it.
COURT to JOSHUA TILLEY. Q. Did you stay out all night? A. No; I was out a few hours—I lost a sovereign, but I did not suspect him, nor make any charge against him—he has been guilty of embezzlement.
GUILTY . Aged 15.— Transported for Seven Years.
GUILTY . Aged 69.— Confined Two Months.
404. MARY ANN HUTCHINSON and ISABELLA PAGE were indicted for stealing, on the 30th of December, 1 basket, value 6d.; 1 gown, value 4s.; 2 frocks, value 1s.; 1 bonnet, value 3s.; 1 apron, value 8d.; and 2 caps, value 1s. 6d.; the goods of Joseph Daniel Merryfield.
MARY MERRYFIELD . I am the wife of Joseph Daniel Merryfield. These girls came to my place to lodge, three weeks ago to-day—I said I could not make it convenient, but they said they did not care what shift they made, so as I could but lodge them—I lodged them that night, and they were to pay me 8d. a night—they lodged there that night, and the next, and the third night one came to my place, the other did not—she came in in the night, and went to bed—I heard her fasten the door—in the morning I awoke about seven o'clock—I missed the girl and my things—I went to the station-house, and stated my loss—these are the things—I can swear to them—this is my baby's frock—this is the basket I lost that night—this bonnet was kid on the top, wrapped up in a bit of patchwork—my husband has left me these two years.
JURY. Q. Who came home the third night? A. Page. I do not know whether Hutchinson was there.
GEORGE ARNOLD . I am shopman to Mr. Sowerby, a pawnbroker. I produce a gown, frock, and apron, pawned by Hutchinson for 3s., in the name of Ann Hutchinson—I have known her eight years—I believe this is the first time she has been on trial.
HUTCHINSON— GUILTY . Aged 18.)
PAGE— GUILTY . Aged 16
Confined Four Months.
JAMES SANDERS . I live in Harwood-street, Hampstead-read. I lost these sheets on the 29th of December, from the middle of my garden, where they were hanging up to dry—it is fenced round—these are the sheets—they have my writing on them.
JAMES JOHNSTON . I am a superintendent of police. On the afternoon of the 29th of December, I entered the Liverpool-road—I saw the three prisoners standing on the left hand side of the street—two of them looked down the street, and Williams had these sheets wrapped up in this cotton print—one of them, who I believe was Harris, gave the signal, "All is clear," or "all is right"—Morrison was then looking down the street—immediately Williams ran across the road to Mr. Drew's, the pawnbroker—
Harris and Morris went on towards the turnpike—I followed them—I saw a policeman near the gate—I beckoned him, and when he came towards me, Harris and Morris ran in different directions—I followed Harris, and took him in White Conduit-street—I then returned to Mr. Drew's—I seized Williams there, with the same bundle that he took in—this is it—Morris was taken yesterday morning—I am sure he is the man.
Williams's Defence. I was in a public-house, and a man said he would give me 6d. to take these things to pawn—I gave Morris 1d. to carry them.
WILLIAMS— GUILTY . †Aged 20
HARRIS— GUILTY . †Aged 18.
Transported for Seven Years.
MORRIS— NOT GUILTY .
THOMAS PERRING . I live in Oxford-street. I was on the Marylebone side of Oxford-street about five o'clock on Christmas-eve—I saw the prisoner walking up and down by a shop, about ten minutes—Mr. Glasscock's horse came up—the prisoner took the horse-cloth from him—he ran off—I pursued, and took him with it.
Prisoner's Defence. I picked it up in the street.
GUILTY . Aged 47.— Confined Three Months.
407. WILLIAM TAYLOR was indicted for stealing, on the 30th of December, 1 sugar-basin, value 3s.; 12 wine-glasses, value 9s.; 2 goblets, value 2s.; and 1 cruet, value 6d.; the goods of James Terry, his master.
JAMES TERRY . I keep a glass shop, in St. John-street. The prisoner was in my service about five months—on the 1st of January, he was brought to me by some officers—these two tumblers were produced, which are mine—I asked him who had authorized him to take them—he said he had taken them merely for patterns—all this property is mine—I can identify these glasses—I have bought some to match with them—they were made to my own pattern—I have lost such within three weeks—I was with the policeman when we found them at Leaver's house—I never had reason to suspect the prisoner before—I had a two years' character with him.
EDWARD MARSH . The prisoner met me in Compton-street on the day stated—he said his master had given him some glasses—he asked if I could sell them for him—I took them to Leaver's—she gave me 4s. 6d. for the sugar-basin, and 3s. 6d. for the glasses.
Prisoner. This witness is a reputed thief—he persuaded me to rob my master, and the money he got for these, he said he lost in a skittle-ground.
(The prisoner received a good character.)
GUILTY . Aged 17.—Recommended to mercy by the Jury and Prosecutor.
Confined One Month.
Sixth Jury, before Mr. Sergeant Arabin.
THOMAS NICHOLAS LOWTHER . I am the prosecutor's father, and live in Red Lion-street. I did not know the umbrella was left at my home, till after it was missed—I never saw it—the prisoner came to pay me some poor-rates, on the evening of the 31st of December—I had seen him before, but not to know him.
EDWARD MARSH . I went with the prisoner to Mr. Lowther's—he went in without an umbrella—he then came out with one—we went to the beer-shop, and met William Taylor, who went and pawned it—he gave the prisoner the duplicate.
JOHN MURPHY (police-constable G 213.) On the 31st of December, I saw these persons in company go down Goswell-street, to the corner of Fann-street—I took Taylor on the 31st, and found the duplicate on him.
(Property produced and sworn to.)
Prisoner's Defence. My master sent me to pay the poor-rates—I met Marsh, who said he would go with me—I told him to wait outside at Mr. Lowther's—I went in and paid the money—I came out, and whether I shut the door or not, I cannot say—I went home, and was sent out again—I then saw Marsh and Taylor—Marsh gave Taylor the umbrella, and he pawned it.
NOT GUILTY .
409. RICHARD GRIFFITHS was indicted for stealing, on the 1st of January, 1 jacket, value 4s.; and 1 pair of trowsers, value 4s.; the goods of Samuel Teague, in a vessel upon a navigable river; against the Statute, &c.
SAMUEL TEAGUE . I am apprentice on board the Aquilla brig—she was lying at Brown's Quay. On the 2nd of January, I had a jacket and trowsers on board, which I had left in the forecastle—I missed them that afternoon—they had been safe in the morning—I found them at Mr. Ward's, the pawnbroker's—the prisoner was at work on board our vessel for three or four days, while we were loading, and he was going to ship in the vessel, to go as a seaman.
Prisoner's Defence. I never recollect putting any thing in such a place in my life—I had all my clothes on board the ship—I was out drinking—I went on board that morning, and the boy gave me half a cupful of brandy, and I did not know what I was doing.
GUILTY . Aged 31.— Transported for Seven Years.
BENJAMIN THOMAS . I am in the employ of Mr. William James Stevenson—he has two shops in Ratcliff-highway. On the 27th of December, I was walking from one door to the other—I saw the prisoner come from the other door with these stockings in his hand—I took him, and he dropped them—I asked what he intended to do with them—he said he did not intend to do any harm, and hoped I would forgive him—it was between five and six o'clock.
GUILTY . Aged 63.— Confined One Year.
WILLIAM EVANS . I am a cowkeeper, and live in Butcher-row, Ratcliff. The prisoner lived with me as cowman about five years—he left me two years and a half ago—Mr. Enever brought me a tea-spoon about five or six weeks after the prisoner left me—it was mine, and I had missed it—I gave notice to the police, but they never took him till about a week ago.
WILLIAM ENEVER . The prisoner lodged with me two years and a half ago—he had lodged there about six months—he went away in my debt, and left his box behind him—I searched, and found in it the duplicate of a spoon, in the pocket of an old pair of trowsers—I had lost a spoon myself—I gave the duplicate to my wife.
(Property produced and sworn to.)
JOHN MURRAY (police-constable K 178.) I heard of this when it happened, but I could not find the prisoner till the other day—I took him to the prosecutor's—Mr. Evans produced a waistcoat, which he said was in pawn with the spoon—the prisoner said it was his, and if he had done wrong, he hoped they would punish him; if not, he should cut his throat.
Prisoner. I was intoxicated.
GUILTY . Aged 27.—Recommended to mercy.— Confined One Month.
412. WILLIAM CLOFFS was indicted for stealing, on the 28th of December, 1 watch-key, value 3s., the goods of Richard Flash; 1 sovereign, 2 half-sovereigns, 1 half-crown, 9 shillings, and 3 sixpences; the monies of Abraham Cohen; 1 pair of spectacles, value 7s.; 1 pen-knife, value 8d.; 1 bag, value 2d.; and 4s. in copper money; the goods and monies of William Lucas.
RICHARD FLACK . I keep the Brown Bear, in Leman-street, Goodman's-fields. The prisoner lodged in my house for three months—I told him to leave, for he had no money—he had left me about a fortnight—my waiter missed this property on the 28th of December—I did not miss my watch-key till the prisoner was searched at the station-house—I know it to be mine—it must have been taken out of the table drawer in my bed-room.
bed-room—I went to bed about two o'clock in the morning, on the 28th of December—I left the money in my trowsers pocket, which I put under my pillow—the prisoner had been there that evening—I awoke about seven o'clock in the morning—I did not miss the money till I came down stairs, about eight o'clock—my suspicion fell on him—I had seen him about twelve o'clock, but I did not see him go out—he asked me to lend him 1 1/2 d., and said he was in want of a bit of bread.
WILLIAM FISHER . I am a shoemaker, and live in Silver-street, Goodman's-fields. The prisoner worked for me, and left me about eight weeks ago—he came to me the same week, and asked if I had work for him—I said I had—after he had been taken, I found a knife and piece of comb on the stairs—I gave them to the officer.
WILLIAM LUCAS . I lodge at the public-house. I slept in the garret—I lost a pair of spectacles, a pen-knife, a bag, and 4s. in copper, out of my pocket, in my room—my breeches had been on the chair—I got up about nine o'clock—it was then gone—I have seen the bag—it belonged to Mr. Bedford.
JOHN PEARCE . I live with Mr. Dodds, at the White Hart, Shadwell. The prisoner came there on Sunday morning, the 28th of December—he had a pint of half-and-half—he pulled out a bag with a sovereign, two half-sovereigns, and nine shillings—the people persuaded him to leave it with me, which he did.
SAMUEL MOSES . The prisoner called on me on the 28th of December and bought clothes to the amount of 2l. 13s.—he said, "Let them be here, while I go and fetch the money"—he came back, and said, "Can I shift myself here?"—he put on the things he had bought, and left his old things, which I gave to the policeman.
GEORGE HOLMES (police-constable H 43.) I had information about half-past twelve o'clock, to go to Chamber-street, where Cohen gave the prisoner into custody—he said he had been purchasing these things with the money—I took them off, and found this watch-key in his waistcoat pocket.
GUILTY . Aged 20.— Transported for Seven Years.
GEORGE STONE (police-constable C 99.) I watched the prosecutor's shop, on the 2nd of January, about six o'clock in the morning—I saw the prisoner about the same time he was carrying a basket—he came from Grafton-street way—he passed the prosecutor's shop, went into Piccadilly, crossed the road, and went towards the Green-park—in the course of a few minutes, he returned, went up Albemarle-street, passed the shop, and looked in, the door being ajar—he went about half-way up Albemarle-street—he crossed, and stood on the opposite side of the way two or three minutes—he then walked down the street again into Piccadilly—I walked past him, and saw the basket he had in his hand was empty, and it had a cloth in it—he then went half-way up Albemarle-street again, and stood there for five or ten minutes—I then saw a boy come out of the prosecutor's shop, and go into Piccadilly—directly the boy was gone, the prisoner ran across
with the basket on his arm, and went into the shop—he came out directly without the basket—he went towards the end of the street in Piccadilly—while he stood there, Merriman came out of the shop, and looked up and down the street—he then went in again, and came out with the basket full, and a cloth over it, which he put on the steps of the next house—he then went to the shop door, and stood there—the prisoner then crossed over, and had some conversation with him—the prisoner then went and took the basket on his arm, from the steps of the next house, and walked away towards Grafton-street—I followed, and stopped him—I asked what he had got—he said, meat which he had just bought in Newport market—I asked him who he bought it of—he said he did not know—I said he had made quick work of it, as I had seen him with an empty basket just now at the bottom of the street—he said I must be mistaken, he was positive it was not him, he was just come from Newport market—I told him he was my prisoner—that I saw him give the empty basket into the butcher's shop, and I saw the butcher's man give it him out—I took him into custody.
Cross-examined by MR. PRENDERGAST. Q. Where was he when Merriman brought the basket out and put it on the steps of the next house? A. At the corner of Albemarle-street, watching the boy go out of the shop—I saw Merriman bring out the meat, and I saw the prisoner at the same moment at the corner, which is only three or four doors from the shop—I was in a door-way nearly opposite—I saw the prisoner take the basket into the shop—he came out—he had nothing that I saw—I did not see Merriman when the prisoner went into the shop—he was in the shop, I suppose—I swear I saw the prisoner at the time Merriman brought out the basket—I had orders from the station-house to go there—I can swear the basket was not full when it went in—the prisoner did not speak to any other man before he went into the shop—he did not set the basket down before he got into the house—it was dark, but the gas was a-light—I was about twenty yards from him—I swear the basket was empty when he carried it on his arm.
Cross-examined. Q. You cannot tell that? A. Yes; I can swear to the meat and the cut—I can swear to the colour of the fat—it was off my prize ox—it was so oily I could not sell it for suet, and I threw it into the fat—I can swear to the cut of it.
Q. Did not you say to the prisoner that you would not swear to it, but you was willing to buy it of him? A. No; the policeman took some other fat from his lodgings, after he was taken up—it was rather in a bad state—I could not swear to that—I said I would buy that of him, as it had better go to the fat-house—he told the policeman he had bought this fat at Newport market—he did not say he was passing down the street, and set the basket down, as it was heavy.
Prisoners Defence. It was my own property—the fat was the produce of some meat—I had bought the shoulder a day or two before—I had some business with Sergeant Vallance, and as I came back I saw somebody I thought I knew—I asked Merriman if I might put the basket down at the door—he said I might—I then ran up Piccadilly, and when I came back, I saw the basket at the step of the door—I had taken the meat from home—I was going to leave the fat at Mclntosh's—I thought I would put the neck of mutton in the basket, to try to sell it—I have some good customers—as to Mr. Spreckley saying he knew it by the fat, there
are thousands of that sort in London—no one can swear to it—I never went into his shop.
MR. PRENDERGAST to MR. SPRECKLEY. Q. Did you not state you were determined to hang or transport this man? A. No; I said I would follow the law to the utmost, if it cost me 1,000l.—if I have said what you state, it is more than I can recollect—I might say he deserved hanging.
(James Bird, William-street, Lisson-grove; and James Court, of Exeter-street; gave the prisoner a good character.)—See page 892.
GUILTY . Aged 35.— Transported for Seven Years.
OLD COURT.—Thursday, January 8th, 1835.
Third Jury, before Mr. Common Sergeant.
414. JOHN STEVENS was indicted for feloniously receiving, on the 15th of December, 1 watch-stand, value 4s., the goods of John Wilton, which had been lately before stolen, well knowing it to be stolen.
JOHN WILTON . I live in Regent-square. The watch-stand was stolen from my house, with a watch, on Sunday morning, the 14th of December—I know the prisoner is not the man who stole it—I saw a man who came to the house when it was taken.
JOHN ANDREW SIMPSON . I am a pawnbroker, and live in Long-acre. On Monday, the 15th of December, the prisoner came to my shop before eleven o'clock in the morning, and asked me to advance something on this watch-stand—I offered him 1s., which he refused—he came again between three and four o'clock, and took the 1s. on it—he asked me if I thought it was bronze—I said I did not think it was—on Thursday morning I went in search of him, and found him in the street, coming from his lodging—he had given me his right address.
Cross-examined by MR. CLARKSON. Q. You did not think it was worth more than 1s. to advance on it? A. No.
NOT GUILTY .
The prosecutor did not appear.
NOT GUILTY .
RICHARD BURTON . I am a grocer, and live in Harrow-road. On the afternoon of the 31st of December, a customer asked me if I missed any thing—I looked, and missed a box of soap—I immediately ran out—there was a cry of "Stop thief" I saw three men running—two turned to the left, and one, which was the prisoner, straight across Paddmgton-green—I followed—he was taken in my presence, and brought back withthe soap—it was outside my door, but there is about three feet of iron railing before the door—he must come to the door to take it.
his hand—I heard a cry of "Stop thief"—he then ran, and threw it down about twenty yards before me.
Prisoner's Defence. Two ladies were running on before me—the policeman ran up, and charged me with stealing the soap—I had never seen it.
GUILTY . Aged 19.— Confined Six Months.
GUILTY.* Aged 19.— Transported for Seven Years.
*The prisoner has been convicted five times.
LEWIS LEWIS . I live in Crawford-street, and sell Birmingham and Sheffield goods. I had a stock and twenty-three bits on the 5th of January—I saw the prisoner come up to the window, unhook them, and run away with them—I ran and caught him—I asked what he had done with the stock—he said he had no stock—I said, "I saw you take it; you must have thrown it down"—he said he did note—a gentleman picked it up—I collared him, and took it back.
Prisoner. Q. How far was I from the shop when you came out? A. Only two or three doors—my door goes in three feet under the shop window—I saw him stoop down and take them—I never lost sight of him.
JAMES BELL . I saw Lewis come out of his shop—there was a cry of "Stop thief"—the prisoner was running—I picked up the stock and bits in the track he had run—nobody but him could have thrown them down—I did not see him drop them—nobody was running but him and Lewis—I was behind Lewis.
Prisoner. I am innocent.
GUILTY . Aged 25.— Confined Three Months.
Before Mr. Justice Bosanquet.
419. WILLIAM GADBY and SAMUEL ROLT were indicted for burglariously breaking and entering the dwelling-house of William Bacon, on the 31st of December, about the hour of six in the night, with intent to steal, and stealing therein 2 pairs of half-boots, value 6s., his goods.
WILLIAM BACON . I live in Union-street, in the parish of St. Leonard, Shoreditch—I rent the house. About half-past six o'clock in the evening of the 31st of December, I was informed my window was broken, and some shoes taken out—I was in the cellar at the time; the policeman came and made inquiry—I missed two pairs of boots from a shelf in fiont of the window—they were exposed for sale—about half the square of glass was broken, sufficient for an arm to go through and take them; it had been cracked before, and repaired with putty—it had been so for two years—I saw the boots again in about twenty minutes—they had my private mark on them.
Cross-examined by MR. CHAMBERS. Q. When had you observed the window before? A. About three o'clock in the afternoon, when I was cleaninig my shoes—the window was whole at that time—I did not see it afterwards—the street is pretty public—I was chopping wood, and I should not hear any noise at the window—I cannot say at what time it was broken—there was nobody in the shop, I believe, after me—a push would not make the glass fall in.
HENRY BARNARDIER . I live with my sister, in Union-street, Kings-land-road. On the 31st of December, I was coming down Kingsland-road, just at the corner of Union-street, and saw the prisoner, Rolt, drop one shoe just at the corner of the street—he tried to throw another shoe down the area next door to Mr. Bacon's—the policeman had hold of the prisoners at the time—I picked up both the shoes; gave the first that he dropped to the policeman, and took the other into the shop, and put it on the counter—Mr. and Mrs. Bacon and the policeman were there—Rolt afterwards tried to put a boot down the area in a handkerchief—he let it fall—he tried to put it down, but could not—he threw it down—I took it up, took it into the shop, and put it on the counter.
Cross-examined. Q. This was within a door of Mr. Bacon's? A. Yes; neither of the shoes went down the area—Mr. Bacon's two little boys were there, but they did not say any thing—there were no other boys there—Bacon's boys were walking behind me—I was quite close to the prisoners—the policeman had hold of them both.
WILLIAM HOLLAND . I am a policeman. About twenty minutes after fire o'clock, on the Slat of December, I was in Union-street, Kingsland-road, and saw two boys who I believe to be the prisoners, at the prosecutor's shop window—I did not see their faces—it is a very dark spot there, or else it would have been lightenough to see their faces—I watched them nearly half an hour—during that time they crossed and re-crossed to Mn Bacon's shop—at last they stopped there three or four minutes, and walked away quickly, which excited my suspicion—I ran immediately to the shop—the prosecutor was at home—I asked him if he had lost any thing from the window, previous to my looking at it—I had not seen enough of the boys to swear to them—I found the window broken—he said-some shoes were taken out—I went after the boys, but they escaped at the time—I went round Hackney-road, and Kingsland-road—I then returned to Mr. Bacon's shop, and told him I could not find them—I then went to the top of Union-street, and there saw the two prisoners nearly together, not two minutes' walk from Mr. Bacon's—directly I got round the corner, I saw Gadby with one boot in his hand, looking at it—I said to him, "Where did you get that boot from?"—he said, "My father is a shoemaker"—at that moment I saw his left hand at his coat, as if he had something under it—I said, "That will not do for me, give me the others"—upon which he gave me another boot—at this time I saw Rolt, and said, "Stop," and collared him
—they were very close to each other—I had not collared him an instant before Barnardier brought me a boot, and said Rolt had just dropped it—on going down Union-street, towards the prosecutor's shop, I saw Rolt endeavour to put another boot, with a handkerchief round it, down an area—Barnardier took it up—the prosecutor identified them.
Cross-examined. Q. How long was it from the time you discovered the window broken, to your seeing the two lads at the corner of Union-street? A. Twenty minutes—I had lost sight of them all that time—I have no doubt when I first saw them, that Gadby was examining the boot, he had in his hand—he was not talking to Rolt, Rolt was just behind him—I suppose they were on the look out for me—Gadby never said the boots had been given or sold to him by Rolt, in my presence—I know his father is a highly respectable man—he is a bricklayer, not a shoemaker—when he said his father was a shoemaker, it was to avoid my inquiry no doubt, the prosecutor is so frequently robbed; if I clear the boys away, the moment we go off the beat he is robbed.
(Property produced and sworn to.)
Gadby's Defence. I was going to a rubbish-carter for my father—as I returned home I crossed over and picked up two pairs of shoes—I turned back and looked at them, and the policeman caught hold of me.
(George Simons, dyer, Cullum-street, Spitalfields; James Boon, tobacco-pipe maker, George-street, Brick-lane; Abraham Keymer, licensed-victualler, Castle-street, Bethnal-green; George Brook, shoemaker, Anstin-street, Hackney-road; John Lewis, weaver, Upper Holloway; John Sullivan, weaver, Newcastle-street, Bethnal-green; and John Line, wearer, Newcastle-street, Bethnal-green; deposed to the prisoner Gadby's good character; and John Line, John Leicester, John Sullivan, and Abraham Keymer, deposed to that of Rolt.)
JURY. Q. When you took them, were they in the direction the boys you saw went? A. Yes; they must have gone round the road—they were just by a pawnbroker's shop, and Rolt told me afterwards that they were going to pawn them.
GADBY— GUILTY . Aged 15.
ROLT— GUILTY . Aged 14.
Of breaking and entering, but not of burglary.
Transported for Seven Years.
Before Mr. Justice Taunton.
420. JOSEPH WATSON and THOMAS EDWARDS were indicted for feloniously breaking and entering the dwelling-house of James Cock-burn and James Wilkie, on the 14th of December, at St. James's, Westminster, and stealing therein 1 coat, value 3l., the goods of the said James Cockburn; and 3 coats, value 5l., the goods of the said James Wilkie. 2nd COUNT, stating it to be the dwelling-house of Richard Rogers.
JAMES COCKBURN . On Sunday, the 14th of December, I lived at No. 15, Great Windmill-street, near the Haymarket. James Wilkie and I jointly rent the front room on the second floor of Mr. Rogers's house.—we each paid the same amount of rent—on Sunday, the 14th of December, we went out together about eleven o'clock—I do not know whether I locked the door or not, nor whether it was locked—I do not recollect which of us came out of the door last, and I cannot say whether the door was shut or
not—we returned between nine and ten o'clock in the evening—I do not recollect doing any thing with the key of the room—I suppose we gave it to the landlady, but I do not recollect any thing about it—Wilkie went up stairs first, when we returned—he came down again before I went up—I went up afterwards in company with Wilkie and Mrs. Rogers—I observed that my great-coat was gone—the room door was open—I had left my great-coat hanging on the corner of the bed, I think—I do not recollect whether I had seen it that morning, or the day before—I do not know when I wore it last—I saw it, perhaps, that day, I cannot say—it was worth about 3l.
Cross-examined by MR. DOANE. Q. Does any body live in the house besides yourself and Mrs. Rogers? A. Mrs. Rogers does not reside in the house, she is the landlady, and lives directly opposite—a family occupies the other two rooms—there may be other lodgers that I know nothing of.
COURT. Q. Did you see Mrs. Rogers in the course of that day? A. Yes; in the morning, before I west out—she was in her own house—not in this house, but at No. 4, where she lives.
JAMES WILKIE . I lodge in the same room with Cockburn. I left our lodging about eleven o'clock on Sunday morning, the 14th of December—I do not recollect whether the room door was shut or locked, nor whether I saw the key that morning—I do not recollect which of us went down stairs first—I saw Mrs. Rogers in her own house that morning—I went over there to breakfast—I left a great-coat and two other coats in our room, worth about 5l. together—I am sure I left them there that morning—I think I saw them—I had on one of the coats the day before—I left that in the room when I went out—we returned together between nine and ten o'clock—I went up first, and found the door a little open—I went in, and missed all our coats—I do not recollect whether I left my other coats in there, but they were always kept there—I went down and told Cockburn, and then we both went up—my great-coat usually hung behind the door—the other coats always hung at the back of the door, or on the bed.
Cross-examined. Q. You found the room door open; will you swear you shut it when you went out in the morning? A. I do not recollect—I went out about eleven o'clock, as far at I recollect—the street door was always open.
SUSANNAH ROGERS . I am the wife of Richard Rogers, who rents two houses, Nos. 15 and 4, in Archer-street. The prosecutors lodge in the second floor front room, at No. 15—I recollect their coming over on the Sunday morning in question, about eleven o'clock, and leaving the key in the parlour where they usually do—I always found it there—they did not give it into my hand—I remember seeing it there—I took it off the window where it is generally left—in the afternoon, between two and three o'clock, I went over and made their bed—I found the room door locked then—I shut and fastened it again—I remember, when I was in the room, seeing the coats hanging on the bed-post—I did not count them—I do not know whether there was a great coat.
Cross-examined. Q. You went over between two and three o'clock? A. Yes; after that I carried the key in my pocket, till they came home I kept it in my pocket, and then gave it to them—I recollect it well—I do not speak from what was the usual custom.
COURT. Q. Did the prosecutors come over to you that evening for the key? A. They did.
another policeman, in search of the prisoners, on Monday, the 15th of December, to No. 6, Little Queen-street, Seven Dials—we went up to the two-pair back room—Watson was in bed with a female, and on the bed, where he was lying, there was a great-coat, which answered the description of the one stolen from Archer-street—Hobbs took it off the bed—on a chair, by the side of the bed, I found a frock coat, and in a box, under the window, Hobbs found another coat—Hobbs took possession of two—I took possession of the one on the chair—we took Watson into custody, and went to a house in a court in Bow-street the same day, between ten and eleven o'clock—Hobbs was with me, and the two prosecutors—we found Edwards in bed in the back parlour—I told him what I had come about—he said he knew nothing about them—he got up; we went into the front parlour, and behind the door found a great-coat hanging—I took possession of it, and showed it to Cockburn, who claimed it—we then took him to the station-house—Edwards's mother keeps the house where I found him—I did not know whether he lived there myself—I have seen him there, and, I believe, he lived there—I have only seen him there once before.
Cross-examined. Q. Is it not a common brothel? A. Yes; I found Watson in bed with a woman, named Cave—I do not know that that room belonged to her—I did not hear that stated before the Magistrate—the girls were taken up on the charge—we took three girls up, as there were three in the room; two were remanded, the other was discharged, and the two were afterwards discharged.
COURT. Q. Do you know any thing of the house you found Watson in? A. No; there is a shop down stairs.
JAMES HOBBS . I am a policeman. I went, in company with Stone, to the house in Seven Dials, and found the prisoner Watson, in bed with a female—I saw a coat lying on the bed, covered over him—I went to a box and found another coat, which laid under the window—after that I went to a cupboard in the room, and found a quantity of skeleton keys, four of which open the prosecutor's door—I found they would lock and unlock it—on the mantel-piece I found two small files—I took possession of the coats, and have two of them here.
Cross-examined. Q. You found the keys in the cupboard? A. Yes; the cupboard door was shut—the keys were out of sight—I do not know that the room is Cave's—she was in bed with the prisoner, and there were two girls up besides.
JAMES COCKBURN re-examined. This is my great-coat—I was present when it was found hanging in the front parlour of the house—I know the other two coats belong to Wilkie—I know mine by my initials on it, and its general appearance.
Cross-examined. Q. You do not know when you last saw it? A. I recollect seeing it on the Friday before—I took it out of my trunk that day.
Watson's Defence. On Sunday, the 14th of December, I was never out of my father's house; on Monday, the 15th, I left about half-past seven o'clock in the morning—I called on Cave, whom I had met one night at Oxford-street, and she gave me her direction—as to the coats, I know nothing about them.
SUSAN KENTON . I live at No. 6, Queen-street, Seven Dials. I am servant of the landlady of the house—my mistress is unable to attend from illness—she is keeping her bed—I know a woman named Cave—I let a room to her—I never saw Watson there—she has run away now.
HANNAH IRVING . I am servant to Watson's father, who lives at No. 41, Broad-street, Golden-square, and is a tailor. I saw the prisoner there all day on Sunday, the 14th of December—he was not absent more than two or three minutes all the morning, which was about one o'clock—he had nothing on but his slippers, and he went to the door for some beer—I saw him come back—he was not absent more than five minutes—he was at home all that day—he never went out of the place—he went out on Monday morning, and we did not see him afterwards—I did not go before the magistrate, because we did not know any thing about it.
COURT. Q. Have you not seen him since the Sunday? A. I saw him on Monday morning, about seven o'clock—he came down out of his bed about half-past six o'clock—I do not know what became of him, I did not see him afterwards—he went out at seven o'clock—I did not go out all day on Sunday, as I was not very well; I had a sick head-ache—his father was getting new clothes ready for him—the dress he wore was not fit to go out in on a Sunday—I heard him say that was his reason for staying at home.
MARY ANN KING . I was servant of the house where Edwards was taken. The front room in which the coat was found is a room for accommodation—two or three ladies and gentlemen were in that room the evening before.
JAMES HOBBS re-examined. I was present when Watson got up and dressed himself—he put on some tidy clothing—I will not be certain whether it was the same coat as he has on now; but he had very good clothing indeed; not such as he need be ashamed of having on on a Sunday.
JURY to HANNAH IRVING. Q. Was the prisoner in possession of the clothes he now has on on, the day in question? A. Yes; but he had not the waistcoat on—he had the same clothes on except the waistcoat—he had them all on when he left the house.
WATSON— GUILTY . Aged 19.
EDWARDS— GUILTY . Aged 21.
Transported for Life.
Before Mr. Justice Taunton.
421. JOHN SIMPSON was indicted for that he, on the 1st of November, at St. George, Hanover-square, feloniously did forge a certain order for the payment of 20l. 16s., with intent to defraud William Tayler.
2nd COUNT; for uttering, disposing of and putting off a like forged order, well knowing it to be forged, with the like intent.
2 other COUNTS, like the two former, only stating his intent to be to defraud Sir Coutts Trotter, Bart., and others.
WILLIAM TAYLER . I keep the Feathers public-house, in Grosvenor-place. About the latter end of October, or the 1st of November, the prisoner came to my house; and on coming to the bar he said, "How do you do, Mr. Tayler?"—I looked in his face, and thought I had some recollection of his features—I invited him into the bar; he then presented me a paper, and said, "Will you do this for Mr. Dundas?"—I looked at it; it was a cheque, drawn on Coutts and Co., saying, "Pay to John Saunders, or bearer, 20l. 16s. "—it purported to be drawn by R. Dundas—I know a gentleman of the name of Dundas, in the neighbourhood, at No. 97, Eaton-square—I invited the prisoner to take a seat in my bar, saying I
had not the change myself, but I would go and get it—I went to Mr. Duhan, a grocer, in Eaton-street, who cashed it for me—I returned and gave the money to the prisoner, who went away—the cheque was brought back to me on the Friday following, by Mr. Duhan—I learnt from him that it was refused payment—I gave him the cash for it again, and received the cheque from him, and have it here—it is the same cheque—I sent my servant to Mr. Dundas's house, and found he was not in town—I wrote a letter to him, and received an answer—I saw Mr. Dundas two or three days afterwards at my house—the prisoner was brought to my house by a gentleman named Penhall, about two months afterwards—I said to him, "How could you think of coming and imposing on me, and robbing me in the manner you have done, of 20l. 16s.?—can you make any arrangement with me?" he said, "I cannot; I have nothing to offer"—he then began to state that he was out of a situation, and some conversation which I did not pay attention to—I called in a policeman and gave him in charge—when he asked me if I could do it for Mr. Dundas, he did not state Mr. Dundas's place of abode—I have done business with Mr. Dundas, of Eaton-square, which led me to suppose he meant that Mr. Dundas, and it was on that I acted—I have some knowledge of the prisoner's features, but on what occasion I ever saw him before, I cannot recollect.
HENRY JAMES PITT . I am a policeman. The prisoner was given into my custody on Tuesday evening, the 30th of December, by Mr. Tayler, at the Feathers public-house—I asked him if he was aware of the nature of the charge—he said yes, that he had come down with Mr. Penhall to satisfy Mr. Tayler.
CHARLES DUHAN . I live in Eaton-street. On the 1st of November, Mr. Tayler brought me a cheque for 20l. 16s., to be cashed—I advanced the money to him—I paid it away to my wholesale butter-merchant on the Tuesday following—his name is Hall, of the firm of Simpson and Hall, in Oxford-street—he wrote his banker's name on the face of it, and sent it in to his banker's, Cox; and Co., of Charing-cross, and two days afterwards he and I went together to Cox and Co.'s—the cheque was returned to Mr. Hall in my presence, by one of the clerks, and he gave a cheque of his own for it—the cheque in question was delivered to him—this is the cheque (looking at it)—I saw the witness write his banker's name across, and saw him receive it back from them.
WILLIAM HALL . I live in Oxford-street. This is the cheque I received from Mr. Duhan—I put my banker's name across it, which is here now—I paid it into my banker's, Cox and Co., on the following morning, the 5th of November—on Friday, the 7th, I received it from them again, as being dishonoured—I gave my own cheque for it—I returned the cheque to Mr. Duhan, who returned it to Mr. Tayler.
MR. DUHAN re-examined. After the cheque was returned to Mr. Hall, he returned it to me—I returned it to Tayler—this is the same.
WILLIAM TULLY . I am clerk to Messrs. Cox and Biddulph, who are bankers at Charing-cross. I received this cheque on account of Mr. Simpson, with other money—it was presented at Coutts and Co.'s, but not by me—the clerk is not here who did—it was sent there on the 6th, and came back dishonoured.
drawer having no effects or account with our house—we have a customer named Robert Dundas, who draws on us on his own account—this is not his signature—Robert Andrew Dundas, of Eaton-square, draws by virtue of a letter of credit from the bank of Scotland—it is not his handwriting, nor the handwriting of any body who keeps cash with us, nor any body who has any right to draw on us.
JOHN PENHALL . On the 30th of December, the prisoner went with me to Mr. Tayler's—I asked him if he was only the utterer of the cheque, or whether he was the forger as well—my motive was to screen him, as I thought, if he was only the utterer, not knowing the law—I thought the guilt not so much if he would give up the forger—I had no authority to put any questions to him—I told him he stood in a very dangerous situation if the forgery against him could be proved—I attempted to point out the difference between the forger and the utterer, supposing another person had forged it, and given it to him to pass—the only reply he made to me was, "I shall abide by the consequences"—I did not press the matter farther—I did not say it would be better for him to tell me about it.
Prisoner's Defence. I am not the forger of the draft—I leave myself entirely to your Lordship's mercy—I was not in the least aware at the time that it was a forgerys.
GUILTY of uttering. Aged 45.— Transported for Life.
Before Mr. Justice Bosanquet.
422. JAMES SCOTT was indicted for feloniously breaking and entering the dwelling-house of William Blincoe, on the 3rd of January, and St. Pancras, Middlesex, and stealing therein 1 jacket, value 10s.; 1 pair of breeches, value 5s.; 1 waistcoat, value 2s.; and 1 gown, value 6s., his property.
MARTHA BLINCOE . I am the wife of William Blincoe, and lodge at No. 7, Weller's place, St. Pancras. Mr. Vernon is the landlord—I lodge on the first floor—there is one street door for all the lodgers—I and my husband have a separate apartment—we have no children—there is a separate door to our apartment—nobody lives in it but ourselves—Mr. Vernon does not live in the house—there are four lodgers, who have all different apartments—I came home last Saturday, about half-past five o'clock, having gone out about seven o'clock in the morning—my husband was at work—he went out before me—I left my door fast—I had the key in my pocket till I came home—there is a large cupboard on the landing-place—I opened my room door with the key—I went to light my fire, and found the cupboard door on the landing-place broken open—it leads into my room—a person getting into the cupboard could get into my room—it was fast when I went out—there was a board inside the cupboard, between it and my room—that was pulled down, and then they could get into my room—I missed my gown from the head of the bed—I had put it under the bed next to the sacking, and my husband's clothes were there also—I missed my gown, and found my husband's things moved from under the head of the bed, and put on the foot of the bed—there was a jacket, a paif of breeches, and a waistcoat—I came down stairs, and Mrs. Grant gave me information.
ELIZABETH GRANT . I lodge on the second floor of the house. I was going down stairs, out of my own room, between eleven and twelve o'clock, and saw, on the staircase, the cupboard door open—I stood a few minutes, having heard a knocking before that—I went up stairs, and
stood a few minutes on the stairs—I saw a lad run out of the cupboard with something before him—it seemed to me to be a parcel—I had seen the lad once or twice before—it was the prisoner—I said, "Oh, you young rascal, what are you doing there? you have no business there"—he ran across into the back room on the same floor, and shut the door—I went up stairs, and gave information to my husband; and when Mrs. Blincoe came home, I told her.
ARTHUR JOHN NORMAN . I am in the service of Thomas Blackburn, a pawnbroker, in Skinner-street. On Saturday last, between three and five o'clock, the prisoner came to master's house, and brought a gown, and offered it in pawn in the name of Stevens—I lent him 3s. on it—I am sure he is the person.
MRS. BLINCOE re-examined. This is my gown, which was under the bed, safe.
GUILTY . Aged 12.— Judgment Respited.
First Jury, before Mr. Sergeant Arabin.
423. JOHN GOODING, alias William Joyce , JOSEPH RUMBLE, alias Jacob Wilkins , and WILLIAM JONES, alias Parkes , were indicted for stealing, on the 2nd of January, 601bs. of copper, value 2l.: 2 metal caps and screws, value 1l.; and 7 metal flanges, value 14s.; the goods of John Braithwaite and others, their masters. 2nd COUNT, stating them to be the goods of Harvey Combe and others.
MR. PHILLIPS conducted the Prosecution.
WILLIAM DREW (City-policeman No. 88.) Last Friday evening, about half-past six o'clock, I was with Prince, at the house of Mason, No. 13, Neville 's-court, Leather-lane—while there, I heard a knock at the door—I opened it, and in came James Gooding, the prisoner—he inquired for Mason—he had a bag over his shoulder—I asked him what he had got in the bag; he said old metal—I asked where he got it; he said he bought it of a man in the street—I asked if he knew the man he bought it of; he said he did not—I searched the bag, and found two metal screws, two caps, and seven flanges—I put the bag on one side, and told him he must consider himself in custody—I called Prince, who was about the back premises; and then I heard another knock at the door—I opened it, and in came the prisoner Jones—I asked him who he wanted—he told me he wanted his mate—he was going away, I told him to come in—Prince came up and laid hold of him, and brought him into the house—he was on the steps, and we thought his intention was to go—when I told him to come in, he said, "Oh, never mind," signifying that he would not come in; and he was in the act of turning round to go—I did not hear exactly what he did say—I heard him say, "Oh, never mind"—he was in the act of turning round to go away, when Prince came and took him—Gooding was in the shop at the time—when we got him inside, Prince asked him what he had got about him—he said he had got nothing—Prince unbuttoned his clothes, and, in searching him, found some metal concealed under his waistcoat—I then heard another knock at the door—I opened it, and in came the prisoner Rumble—I do not remember what questions Prince put to him; but I saw him find some metal concealed under his clothes—we secured the three prisoners, sent for assistance, and took them to the watch-house—I did not remark whether they spoke to one another.
Cross-eramined by MR. CLARKSON. Q. At what time did you go to the house? A. The prisoners came about half-past six o'clock—I suppose three or four minutes elapsed between Gooding knocking at the door and Jones—I do not think it was more—Rumble came in four or five minutes after Jones—not more than ten minutes elapsed between Gooding's knocking and Rumble's.
FREDERICK PRINCE (City-policeman No. 79.) I went with Drew to Mason's at the comer of Neville's-court—about half-past six o'clock Gooding came—we asked what he had got—he said, "Some metal to sell"—Mrs. Mason said Mr. Mason was not at home—about two or three minutes afterwards, a knock came to the door, Jones came in, I said to him, "Who do you want?"—he said, "My mate"—he was in the act of turning round, when I said, "Come along in"—and I dragged him in—I said "What have you got?"—he said, "Nothing"—another knock came directly afterwards, before I could search him, and Rumble came—I said, "Who do you want? Come along in; have you any thing about you?"—he said, "I have not"—I tapped him on the body and said, "Now strip;" and on Jones, I found nine pieces of metal, and the name on Rumble—it was in the form of the stomach—they had it under their waistcoats, next to their shirts, slung over their shoulders, and this piece Rumble had in his hat—the prisoners were all put into one room together—they did not appear to be acquainted with each other.
JOHN BRAITHWAITE . I am an Engineer. The three prisoners were in my employ up to the time they were taken, at Combe and Delafleld's brewhouse—I examined all this metal, on the Saturday night when I first heard of it, and subsequently before the magistrate—I know it to be the property of Combe and Delafleld—I had sent it there to be worked up.
Cross-examined. Q. Is there any thing, except some of the articles having been of your manufacture, which enables you to say they belong to Combe & Co.? A. Certainly not: I have manufactured a vast quantity of these articles, but have sold none of this peculiar kind of copper pipe, not tinned, to any one else—it is not my property.
MR. PHILLIPS. Q. Were the prisoners at work at Combe's for your house? A. They were—the firm is Harvey Combe, and there are other partners, I know them well; they have written me cheques in their names, "Combe, Delafield, & Co."—the prisoners had articles of this description to work up at Combe's.
Gooding's Defence. I was coming home that night, and met a strange man—he asked us to take these two parcels to Mason's house, and he would meet us there.
Jones's Defence. Mr. Braithwaite says he never sent any copper-pipe, untinned, except to Combe and Delafield's, and there was a great quantity sent to Barclay's and other places.
(The prisoners all received excellent characters.)
GOODING— GUILTY . Aged 34.
RUMBLE— GUILTY . Aged 39.
JONES— GUILTY . Aged 30.
Recommended to mercy.
Confined One Year .
424. JAMES MASON was indicted for feloniously receiving, on the 1st of January, of a certain evil-disposed person, 500lbs. weight of copper, value 20l.; and 11lbs., weight of solder, value 6s.; the goods of John Braithwaite and others, well knowing the same to have been feloniously stolen. 2nd COUNT, stating them to be the goods of Harvey Combe and others.
MESSRS. PHILLIPS and DOANE conducted the Prosecution.
CHARLES WALLER (City-officer No. 8.) I was at Mason's house on the Saturday night, 3rd of January, and on the Friday also—when I went at first, I saw Mrs. Mason and the prisoner's father—I saw the prisoner on Friday—I did not tell him what I came about—I made a search, but said nothing to him—Roe and Fogg had seen him first—they were with me—I found about four or five hundredweight of copper, on the Friday evening, on the premises, No. 13, Nevilie's-court, in the back workshop—he is a plumber and painter, I believe—I did not observe any thing written over the door—I went through the front shop—there was a quantity of lead and copper there—I found the property before the prisoner came into the house—I went again on Saturday evening, when he was in custody—I found this tinned-copper there—it was in the house on Friday night, but not taken away—it weighs about four or five hundredweight, and is what I spoke of finding before.
Cross-examined by MR. CLARKSON. Q. When you went on Friday, the prisoner was not at home? A. No; I saw his daughter and his wife—his daughter went to look for him—he came in after we had been there half or three-quarters of an hour—I do not know whether he came with his daughter—she said she expected him in every moment—I saw the daughter in the shop after he returned—I found part of the copper on Friday evening, and took him into custody that evening—during the whole of Saturday the copper remained on the premises—I found it still there.
MR. DOANE. Q. Did you leave any body on the premises? A. Yes; the constables, Drew and Prince, also the prisoner's wife and daughter, and servant.
Cross-examined by MR. BODKIN. Q. Did you take particular notice of the words? A. No: I should say it was "jewel," and I think it was "case maker"—his father lives there as well—the inside of the shop has the appearance of a plumber's business—I went there with Waller, and saw a young girl there, who came in about an hour after we got there—she represented herself as the prisoner's daughter—I allowed her to go out, for she said she had a sucking child—I do not know of any female leaving the house to fetch the prisoner.
JAMES CHRISTOPHER EVANS . I am a policeman. I went with the officers to Mason's, on the Friday evening—I found some tin in a cupboard in the front room, ground floor, and some solder, and a quantity of tin and copper wire—I have some copper pipe which I found in the back part of the house—I found the copper pipe in a shed at the back of the house, through the kitchen—it joins the kitchen—Mason was out—I saw him when he came back, and asked him into the kitchen—Roe produced a search warrant, and said he had come to search for two cocks, which he suspected were on the premises, and said, "The cocks are found, and here is the party to identify it"—Mason took the warrant out of his hand, and read it, and said, "You have found the cocks, you will not take any thing else."
Cross-examined by MR. CLARKSON. Q. What you call the shed is what Waller calls the back work-shop? A. There is a work-shop besides where there is a furnace.
found some of the property before he came in—he said, "Halloo, what is this?"—we had our uniform on—Roe said, "I have a warrant to search your premises"—he said, "Very well"—he took it out of Roe's hand, looked at it, and gave it back to him—I said, "Here are two cocks we have found, and here is the owner of them," pointing to a man named Fell—he said, "Well then, cannot you take the cocks and leave the other things?"—we said, "You can save us some trouble, if you will give us some account of these things which we have found, and which are very suspicious—we have found a great deal of copper, and you will save us taking it way"—he said he went round to different shops collecting, and bought tome at one shop, and some at another—he said he could not say where—he bought it out of doors—Roe took him into custody, and we removed the copper—we found a pig of solder with "J. B." on it—I think he was gone before we found that.
Cross-examined by MR. BODKIN. Q. Solder will easily melt, and then the "J. B." could be got out of it in a moment? A. Yes; it was not put out of the way at all.
JOSHUA CROCKFORD . I am a store-house clerk to Combe and Co. Mr. Braithwaite was employed some time ago, casing some tank columns with copper—the copper was bought in sheets, and made to fit the columns—we had to make some alterations afterwards, as the copper was carried too high up the columns, and we cut oif six pieces, which I took charge of—I kept them in the counting-house, till within the last fortnight—the last time I saw them was about last Wednesday week—they were then in the store-room where I had taken them to—this is one of those pieces of copper which I placed in the store-room—I know it, because instead of being copper pipe, which is the general material we hare on the premises, it is copper sheets, which were lapped instead of having a joint, and soldered afterwards; we faced them first with anti-corrosin, and part of the paint has run down the copper; and I also know it by this peculiar joint—here is red paint, which is anti-corrosive paint, inside it, and here is one corresponding piece, which I brought from the brewery this evening—it exactly matches the other, except in length; in diameter it is nearly the same—I missed in particular these six pieces, and I have missed within the last six months a considerable quantity of copper—the firm is Harvey, Combe, Delafield, and Co.
NOT GUILTY .
425. JAMES MASON was again indicted for feloniously receiving of a certain evil-disposed person, on the 1st of January, 1 water-closet container, value 1l.; and 1 water-closet basin, value 10s.; the goods of Francis Wigg and another, well knowing the same to have been stolen, against the Statute, &c.
WILLIAM MARTIN . I am a plumber, and live in Red Lion-street, Holborn. My father purchased a water-closet of Mr. Davey, of Shoe-lane—it was fitted up before we had it, but not fixed—we fixed it for a customer of ours in his house.
ROBERT JENNINGS . I am clerk to Francis Wigg and another, of North-place, Gray's-inn-lane. This water-closet was taken away after it was fixed—I do not know whether it was stolen, sold, or taken away.
is a jewel-case maker—I never spoke to the prisoner about it—we did not bring it away till the day after we took him.
NOT GUILTY .
There were two other indictments against the prisoner, on which no evidence was offered.
426. JOSEPH MOORE was indicted for stealing, on the 23rd of December, 1 sovereign, the money of William Legg, from the person of Sarah Coombs.—2nd COUNT, stating it to be from the person of Sarah Legg.
WILLIAM LEGG . I am a chimney-sweep, and lodge at No. 3, King-street, Brick-lane. On the 23rd of December, I asked the prisoner to help me to carry some soot—I received a sovereign, a half-sovereign, and two shillings for it, and gave him one shilling—I went and drank a little beer with him, and asked him home to tea—we had three pints of beer there—I left the sovereign in my wife's care—about seven o'clock I was going to fetch some errands in with the half-sovereign—I saw her tie the sovereign up in the corner of a handkerchief which was round her neck—we had a quartern of gin—the prisoner left about a quarter before eight o'clock—he said he was coming back in about an hour and a half, and said, "You have got your money safe in the corner of your handkerchief?"—he did not return—I asked my wife where the money was afterwards—I untied her handkerchief, because she could not, and then there was a sixpence, instead of a sovereign—she had had no silver at all—I went to look for him for about three hours that night, and then went to bed—I got an officer next morning, and found him—I have not found the sovereign.
Prisoner. Q. Was any body else in the house besides me? A. Not at the time I missed the sovereign, nor that afternoon—he was the only person in the place—my next door neighbour came in while I was at tea—she sat behind me, not by my wife.
SARAH COOMBS . I live with the prosecutor, but we are not married. I tied the sovereign up in the corner of the handkerchief I had on my neck—the prisoner said, "Let me tie it up, I can do it better than you"—my husband was not present then—he tied it up—I am quite sure I put a sovereign into the handkerchief—I had no sixpence whatever—he never touched my handkerchief afterwards—he went away about half an hour afterwards, and after he was gone I found only a sixpence there—as the prisoner went away, he said, "The money is all safe in your handkerchief," and said he should return in about an hour and a half—my next door neighbour was there that evening—she never touched me—she could not have untied my handkerchief.
ALEXANDER CHARLES BLOSS . I am a policeman. The prosecutor told me he had been robbed of a sovereign the night before—I apprehended the prisoner, and told him Legg charged him with stealing a sovereign in his absence—he said he did not care, for they could not prove it against him—I am sure those were his words.
(The prisoner put in a written defence, stating that he was perfectly innocent of the offence; and produced a written acknowledgment, signed by the prosecutrix, of having received 6s., and agreeing to take the remaining sum at 4s. a week, of the prisoner's father.)
NOT GUILTY .
GEORGE KEMP . I am a policeman. On the 31st of December I met the prisoner, between one and two o'clock in the day, in Pearson-street, Kingsland-road, with this fowl in his hand—knowing him, I stopped him, and asked where he got it—he said he had bought it for 16d., and he had been to Haggerston fields to fight it—it was a hen—I detained him—he was about three minutes' walk from Davies's—he said if the fowl was not all right he would be b—d if I should take him.
WILLIAM DAVIES . I am the son of William Davies, of Hackney-road. This is his fowl—he has had it going on for three years—I know it very well—I know nothing of the prisoner—he had no business with it—it was missed the morning it was found.
JAMES MILLER . I am a policeman. I obtained this certificate of the prisoner's former conviction from Mr. Clark's office (read)—I was a witness on the trial—the prisoner is the person who was convicted of stealing a necklace from a child's neck.
Prisoner's Defence. On the Friday he took me in charge, he gave me to a policeman while he took a bundle to his house, and whispered in the ears of the policeman, "If you and me have him in charge too, we shall both get our expenses at the Old Bailey."
Prisoner. I met a man who wanted to sell it—he wanted 1s. 6d. for it—I offered him 1s. 3d., and he took it—as I came across the fields, I met the other three lads—one was a bill-sticker—I was coming along with them, going towards home.
GUILTY .* Aged 19.— Transported for Seven Years.
NEW COURT.—Thursday, January 8, 1835.
Sixth Jury, before Mr. Sergeant Arabin.
GEORGE OLIVER . I am in the service of Eleanor Dickens, a widow, who lives near Portman-square. The prisoner came to our house to assist in cleaning knives—I knew him for about two months—on the 1st of January I heard about a spoon being found at the pawnbroker's—I looked over the plate, and missed a dessert spoon—the prisoner is very poor—he has no friends but an uncle, who can do nothing for him.
JAMES PALMER . I am a pawnbroker. The prisoner offered me this spoon—wishing to know if it was silver, I asked where he got it—he said he had found it in Oxford-street—I sent for the policeman, and while the lad was gone for him the prisoner ran off, but I knew where he lived, and sent the officer for him.
Prisoner. He wanted to buy it of me. Witness. No; he did not offer it for sale.
(Property produced and sworn to.)
GUILTY . Aged 14.— Transported for Seven Years.
in Crawford-street. On the 6th of January I was standing at the door, about eight o'clock in the evening—I heard something snap—I looked, and saw the prisoner folding up this cloak—I ran after him—he dropped it on the pavement—I followed him to the corner of Gloucester-place, and brought him back—the cloak was still on the pavement—I took it up, brought the prisoner to my shop, and gave him in charge—I knew nothing of him before—this is the cloak; it had been hanging in my lobby——the prisoner was never out of my sight.
GUILTY . Aged 18.— Transported for Seven Years.
Before Mr. Recorder.
430. ISAAC RUSSELL and ANN RUSSELL were indicted for knowingly, and without lawful excuse, having in their possession a mould, upon which was impressed the figure and resemblance of the obverse sides of three sixpences.
MESSRS. ELLIS and GURNEY conducted the Prosecution.
JOSEPH FRYER (police-serjeant G 13.) On the 18th of December I went to Well-and-Bucket-court, Old-street—I went to a room on the ground floor—the street door was partly open—the room door was shut—I lifted the latch, went in, and saw the female prisoner sitting on the bedstead, blowing the fire—the man was in bed with two children—I seized the female prisoner—she gave a loud shriek, and wanted to know what I wanted there—I gave her to Reynolds, another officer, who followed me in—I then commenced searching a cupboard, and took from it two bags, one containing Roman cement, and the other plaster-of-Paris—I gave them to Reynolds—I found a tobacco-pipe with some white metal in it—I saw Duke find some gets—I then went to another cupboard, and at that moment the female prisoner swung across the bed—Reynolds took hold of her, and pulled her back, and stopped her from coming any further—she had come to where I was standing—she said, "I cannot help what my husband will do—Oh my poor babies, what will become of your father and mother!"—I then took from the wall a bag, which was hanging up, full of old rags—I chucked it on the bed, and told Reynolds to search it—in that bag was another smaller one, and in that this mould—in a butter flat, under the bed, I found twenty-seven counterfeit shillings, and twelve counterfeit sixpences, which I have here—I saw Ash take from the same flat two good shillings, and a good half-crown.
Cross-examined by MR. DOANE. Q. At the time this woman made that exclamation, there were two or three officers in the room? A. Yes, there were five of us—two of them had handcuffed the man in bed—he is not a very large man, but these things are destroyed in a moment—I know two men named Davis—one of them keeps a public-house, the other is a constable of Clerkenwell parish—I am not aware that I know any other person of that name—I might have seen them the Davis' before I went to the prisoners, but I will swear I had no conversation with them respecting this man—I know Harris, a publican—I have not seen him for six or seven months—I do not know any other person of that name—I was directed by the officers of the Mint to go to the prisoner's place.
WILLIAM REYNOLDS . I am a constable. I went to the prisoner's house—I followed Fryer into the room—I saw him lay hold of the female prisoner, and he delivered her over to me—I kept her on one side of the room for a few minutes, when she flew away from my side across the
bed, at the time Fryer was searching on the other side of the room at a cupboard by the side of the bed—I pulled her back, and gave her to Hall; and Fryer pulled down this bag, and threw it on the bed—I found in it a small bag, containing a plaster-of-Paris mould—the female prisoner said, "Oh, my poor children, you will never see your father and mother any more;" and that she could not help what her husband had done—I then received from Duke, who was searching the cupboard, a small pipkin, and a pipe containing some white metal, and a bag of plaster-of-Paris—here is a small piece of tin found in the cupboard by Ashton; and another bag, with some cement in it—on the mantel-piece, under an image was a counterfeit half-crown, which I delivered to Ashton—the male prisoner said, "You have no occasion to look at it; cannot you tell whether it is bad or good?"
Cross-examined. Q. When did you first receive directions to go to that place? A. The same morning—it was about nine o'clock when we went there.
WILLIAM BAKER ASHTON (police-serjeant G 11.) I went with the other officers—I searched the butter-flat, and found a tin box, containing two good shillings and one good half-crown—I saw this half-crown found on the mantel-piece by Reynolds—I saw Duke take a little bowl from the cupboard—after the prisoners had been taken to the station-house, I returned to the premises, about eleven o'clock, with Reynolds—I made a further search, and, under the stairs, under a deal of rubbish, I found these pieces of plaster-of-Paris.
Cross-examined. Q. Some time had elapsed before you went back? A. Yes; I should think an hour and a half, or more—the other officers called on me that morning, and told me they were ready to go.
ROBERT DUKE . I am an officer of Hatton-garden. I accompanied the other officers—I saw the woman in custody of Reynolds and Hall—the man was lying in bed—in a moment or two he jumped but of the bed, and attempted to come near where I was standing; near a cupboard, in one corner of the room—I immediately handcuffed him, and put him to the other side of the room—I searched the cupboard, and found in one corner some pieces of white metal, which are called gets, in a cocoa-nut shell—in another corner I found a pipkin, with some metal in it—I handed it to Reynolds to take care of—I took Russell in charge.
Cross-examined. Q. The other officers were there when you were? A. Yes; they saw what transpired—the man jumped up, and while he was up I handcuffed him—it is not true that I handcuffed him in bed—there were five of us there—each of us brought something—it was not particularly to give us something to do—the outer door was open when I got there, and the inner door on the latch—I saw a man named Davis at our office yesterday—he is a constable—I had not seen him the day I went to the prisoner's, nor the day before—I had no conversation with any man named Davis about this matter either before nor since—I do not know any man named Harris, and have had no conversation with any man of that name—I went by desire of Hall, my brother officer, who spoke to me that morning, between seven and eight o'clock.
WILLIAM HALL . I am an officer. I went with the other officers—I saw Fryer take down a bag and throw it on the bed—Reynolds took this little bag out of it, and in it was this mould—I took charge of the female prisoner—I saw the other officers search the place—I took this mould from
Reynolds—this file was found in a little box on a table with some tape and thread in it.
Cross-examined. Q. You gave direction to Reynolds and Ashton? A. Yes, I received directions on the Monday, and I think we went on the Thursday—I know a constable named Davis—I do not recollect that I had seen him that Monday, he is called "Harlequin Davis"—there is another Davis, a publican, on Saffron-hill—I had no talk with either of them about this matter—I had no conversation with a man named Harris—I received instructions from the officers of the Mint, on Monday, and acted upon them.
JOHN STANLEY . I am an oil-man, and live in Mile-end-road. The house, No. 6, Well-and-Bucket-court, is mine—the female prisoner hired part of it of my daughter, a year and ten months ago—I received two shillings a week rent from her—the last I received, was the week before this happened—they both lived there, to the best of my knowledge, but she has paid—he was represented to me as being in the watch business.
Cross-examined. Q. Did you ever see the man there? A. Certainly, in the same apartment.
JOHN FIELD . I am inspector of counterfeit coin to the Mint. This is a plaster-of-Faris mould, for the purpose of casting sixpences—there are upon it the impressions of three sixpences—both the obverse and reverse sides of them—it is a mould in which sixpences may be cast, and I think has been used for casting them—by closing one on the other, they will form three sixpences—there is a channel down which the metal is poured in a state of fusion—the metal is easily melted in a pipkin like this, and laded out with a pipe—this pipe has some metal in the tube of it now—it is a mixture of tin and antimony—these twelve sixpences are all counterfeit, and I believe have been cast in this mould—this file is used to remove the small spray from the coins when made—these pieces of metal are called gets, they came out of the mould produced—I have tried them to it, and they fit exactly—they are removed with a pair of scissors or a file—this Roman cement is not used in coining, that I am aware of—here are twenty-seven counterfeit shillings, and two good ones, which appear to me to have been used to make a mould, in which the bad shillings have been made—this half-crown is counterfeit, the other is good.
Isaac Russell's Defence. When they came, they seized hold of me, and put the handcuffs on me, in bed—they asked me to get up, and took me to the other side of the room, placed me against the window, and ransacked my place all over—the night before, about seven o'clock, or half-past seven, my wife went to get something for supper, and two young men named, Harris and Davis, called and asked me if they could leave these two bags there? I said, "Yes"—I went to the yard to wash myself, and when I came in, I put on my coat and handkerchief, and said I was going out—they said, "Put these bags away"—I said they could put them away—they put them in the cupboard—I left them there—I went down White Cross-street, and saw no more of them.
ISAAC RUSSELL— GUILTY .— Transported for Seven Years.
ANN RUSSELL— NOT GUILTY .
MESSRS. ELLIS and GURNEY conducted the Prosecution.
the parish of St. Ann, Middlesex. On the 15th of December I saw both the prisoners—Thorats came in first, and asked for some oranges—I laid him down seven—he selected four, which came to three-pence—he gave me a half-crown, and I gave him 2s. 3d.—Chapman then came in, and asked for some apples—while I was jinking the half-crown on the floor, the prisoners went away together—I gave it to the officer, who put a mark on it—it had not been out of my sight—I saw Thomas at the station, the next morning—I recognised him, but I did not wish to do any thing in it—
Thomas. I was not near the shop—when we were both at the bar she did not know one from the other, and the officers were patting her on the back, and said, "That is him." Witness. I did not know what the officer said, but I said it was the stoutest of the two who gave me the half-crown—I am certain these prisoners art the persons who were in my shop.
ANN DUNK . I am the wife of Lawrence Dunn, He keeps a rope-ground at Stepney—my son keeps an oil-shop—Chapman came there alone, on Monday, the 15th of December, about eight o'clock in the evening, while I was minding the shop for my son—he asked for a four-penny bottle of blacking, and offered me half-a-crown—I had not sufficient change in the till, and I told him I would go to my daughter and get change—I called my son out of the room, to stay with him—I was going out I saw two policemen, and told them I thought I had got a bad half-crown, but I was going to my daughter to see whether it was bad—they told me to make haste—I went—my daughter said it was bad—on my return I saw the two officers and Chapman—he was taken directly.
BENJAMIN HARRIS (police-constable K 197.) I was on duty on the 15th of December—I saw Chapman at Mrs. Dunn's shop, and took him into custody—I found on him three half-crowns, three shillings, and two sixpences, all good, and 1s. 7 1/2 d. in copper—I saw this half-crown, which Mrs. Dunn said she could not see to mark, and gave it to her son—he marked it, and asked whether it would do—Chapman made a snatch at it—it fell and struck against something—I asked them to let me go round the counter to look for it, and Chapman said, "It is no use to look for it; I have got it, and it is where you will never find it"—he appeared to be in the act of swallowing it, but I found it on the sand bin—this is it.
THOMAS DUNN . I am son of Ann Dunn. I was sitting ill the room, and she called me out while she went to inquire about the half-crown—I received it to mark, whieh I did, and was in the act of handing it to the policeman, when the prisoner snatched at it, and scratched the back of my hand—he said he had got it, but it was found on the tub of sand.
THOMAS BAKER (police-constable K 100.) On the 15th of December, I as on duty in the Old Road, Stepney—I saw the two prisoners in Mrs. Porteus's shop—I saw them come out and go to the end of the street—I then went to Mrs. Porteus and asked whether it was a good half-crown—she said it was not—I came out, and they were gone—it wa then half-past seven o'clock.
WILLIAM CLAY (police-constable K 278.) I was at the lock-up place, and while Chapman was locked up, two females came to him, amd stood at the door, and one of them said to him, calling him by a nickname which he
goes by, "Lucky, do you want any thing?" he said, "No:" she said, "If you want any thing from the cook-shop I will fetch it"—he said, "No:" and then he said, "Is Luckum about?"—they said, "Yes"—he said, "Tell him to cut, for fear there should be a down upon him"—she said, "I don't think he will, for he has got his blue drag on"—I followed the females up the street, and saw Thomas standing at the corner—he saw me and ran off—I pursued, and took him near Whitechapel church—he had a blue apron on—I took him to Lambeth-street, and got Mrs. Porteus—I asked her if that was the man who was in her shop the overnight, and she said in his presence that he was—I have seen the prisoners frequently walking together.
Thomas's Defence. I'll tell you how it is—it is a made-up plan between these officers to make a case—I have heard them telling one another what to say, and prompting one another—they said they got ten times more by a Mint case than any other—they were saying, "Mind what you say; mind what you say."
Thomas. It is not likely I should have gone the next morning and stood there if I had been guilty, and Chapman in custody.
THOMAS— GUILTY . Aged 21.
CHAPMAN— GUILTY . Aged 24.
Confined One Year.
WILLIAM COX . I live in Red Lion-street, Whitechapel, and keep an eating-house. On the 24th of December the prisoner came to my shop and asked the price of the pudding—I said, 6d. per lb.—she then asked for a basin of soup, which came to 2d., and she gave me a bad half-crown—I asked how many more she had got—she said none, that she had changed half-a-sovereign, and received it in change—I told her to go about her business—she went out—I followed her, and saw her go and speak to a man—they then parted, and she went to a potatoe warehouse—I went up, and the boy had got a shilling in his hand—I took her and the shilling—she said she had never passed the half-crown to me, and had never seen it.
URIAH LAKE . I live at Mr. Matson's, a potatoe merchant, in High-street, Whitechapel. On the 24th of December, the prisoner came about five o'clock—she asked the price of potatoes—I said 5lbs. for 2d.—she then asked for 5lbs.—I served her, and she gave me a bad shilling—I bit a piece off it, and found it was bad—I was going to give it her again, and Mr. Cox took it out of my hand.
PATRICK GORMAN (police-constable H 153.) I was called, and took the prisoner—Mr. Cox gave me this half-crown and shilling—I found nothing on her—she did not deny having had the half-crown and shilling, but said she did not know they were bad.
COURT to WILLIAM COX. Q. Where was the man she spoke to? A. She just crossed the road, and then they walked, I think arm in arm, a few paces—I never lost sight of them—I had another man with me, and I said to him, "This is the man"—the man then came towards me and said, "If you say that, I will break your b—y jaws."
GUILTY . Aged 36.— Confined One Year.
MARY CLARK . I am the wife of William Clark. I was taking care of the shop of Mrs. Keene, whose daughter-in-law was ill, and is since dead—on the 27th of November the prisoner came into the shop, near ten o'clock at night, and asked for an ounce of common tobacco, which came to 3d.—he gave me a shilling—I said, "I am very sorry, but I have not change"—he said, "What am I to do?"—I said, "The shops are open, you can get change"—he took the shilling and said, "Well, I suppose I must, then"—he went out, and returned in about ten minutes, when I had put the shutter up, and said he could not get change; perhaps I could give him some change—I gave him 6d., and he promised to come the next morning for the 3d.—he said he lived in the neighbourhood, but I never saw him again till the 8th of December, when I saw him in custody—I put the shilling he gave me, in a small bit of paper in a canister—I had offered it the same night at the public-house—they said it was bad—I kept it separate from other money till the 8th of December, when the policeman took it.
Prisoner. You said you would see if you had change—you put it in your pocket, and took out sufficient change—you stated at the office that you never found it out till the next morning, when you went to the green-grocers. Witness. No, I never said so—I kept it by itself, when I heard that same night that it was bad—he came in for an ounce of tobacco—I gave him 6d. in silver, not the full change—if he had come for the 3d. the next morning, I should have given it him.
Prisoner. When she came to the watch-house she had to mark the shilling—she did not know which it was—another young man gave her one, and I another. Witness. No, I had not—I knew it.
ELIZABETH KEENE . I am owner of this shop. On the 8th of December, the prisoner came in the morning for half an ounce of tobacco, which is 1 3/4 d.—I weighed it, and he put a shilling on the counter—I said to my grand-daughter, "Take that shilling; I do not think it is a good one; but if it is, bring change"—she came back with Mr. King, who took the prisoner.
WILLIAM KING . I am an oilman. Agland came to me for change for a shilling—she put it on the counter—I said it was a bad one—I took a sixpence and sixpennyworth of half-pence—I followed her to Mrs. Keene's shop, and saw the prisoner—I said, "This is bad shillings"—I had bent it nearly double—the prisoner made some observations—I called an officer, who took him—the shilling had been on the counter, but we could not find it—I am sure it was a bad one.
Prisoner. Q. Did not she say she did not know whether that was the shilling I gave her, or William? A. No, she said this was the one you gave her.
Prisoner's Defence. She did know whether this was the one I gave her—the other I never saw after I gave it to the person she sent with it.
GUILTY . Aged 18.— Confined One Year.
MR. ELLIS conducted the Prosecution.
JAMES WHITHAIR . On the 30th of December, I received a warrant from the Lord Mayor—I went to the prisoner's house, No. 33, Petticoat-lane, and found in the cellar five hundred and fifteen counterfeit shillings, in a butcher's apron, under a loose stone—there was some dirt over the stone—there were some articles in the cellar, and a sods-water machine—the prisoner was not at home, but I received a note from him, that he would attend, which he did.
Cross-examined by MR. PHILLIPS. Q. I believe you know that he has surrendered to-day? A. Yes—his wife and several of his children were at home when I went—they afforded every facility to my search—they did not know that I had found this coin—I said I came with a search-warrant—I did not say for what.
GEORGE BURLS (Examined by MR. PHILLIPS.) Q. You were servant to the prisoner for some time? Q. Yes, about ten months—I directed a search to be made in his house—I told the officers where they could find the counterfeit coin—I used to work there at the soda-water, and any thing, in the cellar—the first time I knew the coin was bad, was between three and four months ago—I thought it was very dishonest—I was not certain it was counterfeit—it was about a fortnight ago I first knew it to be bad—I gave information on Tuesday week.
Q. How did you become certain it was bad? A. I beard a woman call him a smasher—I do not know her name—I saw her go by the shop—they had fallen out about some meat, which she came to buy, and she called him a b—y smasher—I had never seen her before, to my recollection.
Q. When you saw this coin, between three and four months ago, did you ask the prisoner any thing about them? A. No—I saw them first in a cellar opposite, in a box, and then I saw them in the mouth of an oven, where he baked his cakes—these are not one-third of what I first saw—he brought them from the cellar opposite in hie apron—I did not tell him I had seen them—I did not think it was my business—he brought them from the opposite cellar in his blue apron, to the mouth of the oven—I did not speak to him about it—I did not know whether it was bad or good—I do not know whether an oven is a usual place to keep such things in—the prisoner did not discharge me.
Q. Do you mean he did not discharge you for theft, and tell you so? A. No, I left of my own accord—I did not ask the prisoner, to give me a character—I did not send my wife to him—I left because I was sent into the cellar to get some coals and soda-water—I took the coals and the soda-water into the parlour—I put the coals on the fire, and my mistress said that was not the place for the soda-water—I then took it into the shop—my mistress sent her daughters and son out to rifle me, to pull me about—I thought it was to search me, to see if I had any thing about me—I should think one daughter is about sixteen—the son is the youngest.
Q. Now do I rightly undestand you, that you were never charged with theft by any of the family? A. "Charged;" never discharged.
Q. Were you ever accused, or taxed, or charged, by any member of that family, with stealing? A. There was omce a piece of meat lost—I was asked whether I knew any thing at all about it, and I said I did not—I was not charged with stealing it—I was not asked whether I stole it, nor told I stole it—I left last Sunday week, which was more than three or four weeks after that—it was two ribs of beef, not the top ribs—the prisoner himself spoke to me about it—Mr. Solomon was present, and, I believe, Mrs. Shannon—I
was taken into the parlour—it is not very large—I forget whether Mrs. Shannon was there or not—I believe another woman was there—I do not know who she was—it was a woman who came to buy meat—she was not bargaining then, but she had a basket there—it was six or seven weeks after the beef was missed, that Mrs. Shannon sent her daughter and son to rifle me—it was on a Saturday night, and I left the next morning—I did not leave at the time, because Mr. Shannon was not at home—I did not leave when I was charged about the ribs of beef, because I had not another situation, to go to, but I had when I was rifled by the daughter, a situation in Goulston-street—I was never taxed by any member of the family with stealing beef, or any other meat, and was never asked but that time.
Q. How long after you heard the woman call him a smasher, did you give information? A. I cannot tell, it might be two or three weeks—I did not go before, because it did not strike me whether it was good money or bad—I suspected it when the woman called him a smasher, but I did not give information sooner, because I was not right down certain that the money was bad; but afterwards I was at work in the cellar, sawing wood, and the stool did not stand steady; I found it stood upon a loose stone—I took np the atone to make it stand steady—I saw the apron and the money in it—I looked at it, and the money was cankerish—I had seen bad money before, nailed on counters and tables—I had seen this money first in the cellar opposite—then Mr. Shannon brought it over—then I saw it in the oven, then in a hole in the wall—when I saw it in the mouth of the oven, I had not the curiosity to look at it—it was not loose, it was in the apron—I saw him take it out of the box—he had sent me to that cellar to more some wood—he came over, and said, "What is it o'clock?"—I said "I do not know"—he said, "Go and see"—I went, and as I was coining down, I heard a jinking with this money—he was on his knees, taking it out of the box into his apron—it was loose in the box—I saw him take something out, and I heard the jinking—I did not see it—I saw it in the mouth of the oven, in this apron—I felt it, but did not open it—I never saw such, a heap of money together before—I did not send my wife to the prisoner for a character, nor to beg that I might be taken back.
MR. ELLIS. Q. You brought the coals and soda water np, and put the coals on the fire? A. Yes, I put the soda-water down—Mrs. Shannon came out of the yard and went into the parlour, and when. I went into the shop, the daughter and son came and began to rifle me, and tried to knock my hat off—I said, "What are you at? if you are so full of your play, I am not"—they did not tell me why they did it, but brought a broom out, and poked about me—my hat fell off—Mrs. Shannon came out and picked it up, and said, "John, you may go home"—I went, and that next morning I came to work as usual—I then saw my master, but I thought I would not say any thing to him, till my mistress came down—when the servant came down, I said, "Gillman, I will not stop; I have lived in places where I can have a good character, I will not stop"—about half-past eight o'clock my master told me to go to breakfast—when I came back, my mistress was in the parlour—she began to abuse me—I told her of her sending her daughter and son to search me—she said I was a liar, and told me to go to hell—I told her I would go, and went away—my master was standing in the parlour at the time—I had been paid on the Saturday night before my master went out—I had had no disagreement with my master that Saturday.
COURT. Q. Was it out of the cellar in which this coin was, that you brought the coals and soda-water? A. Yes.
JOHN FIELD . I am inspector of counterfeit coin to the Mint. These shillings are all counterfeit—they are made of brass, and then cold-silvered—they are discoloured, as if they had been in some damp place—they are not made by fusion, but struck with a die in a similar manner to genuine coin—they could be very easily put in circulation.
MR. PHILLIPS addressed the Court and Jury on behalf of the Defendant, and called.
ZACHARY SOLOMONS . I am a general dealer. I have known the prisoner a number of years, and have been in his service—I know Burls perfectly well—I heard Mrs. Shannon ask the prisoner whether he had sold a piece of ribs of beef which had been cut off the night before—he said, "No"—Burls was then called—he said he knew he had lifted them down the night before—his master then said, "I will tell you what, I have missed several ribs of beef, I shall discharge you, if you do not tell me what has become of it"—he said, "I know nothing at all about them"—he said, "Well, your week is out on Saturday afternoon, and you may go about your business"—on the Monday night after Burls was told to go, I saw a woman in the prisoner's parlour—she made a request, which was refused.
COURT. Q. How long is this ago? A. It was on the Monday after he left—it may be a fortnight, or a little better—Burls had left at that time.
DANIEL SAUL . I am a hatter and furrier, and live in Duke-street. I have known the prisoner more than thirty years—I have been in his cellar, which is used as a bakehouse, for the Passover-bread—at that time he made bread for five or six weeks—I have known ten, fifteen, or twenty people to work in that very cellar—he does not make any other bread.
MR. ELLIS. Q. When does the passover-bread begin to be made? A. It will begin now in about a week, and does not end till the latter end of March.
LEWIS ALEXANDER . I am a carcass-butcher, and have known the prisoner from twenty to twenty-five years. He is a cutting-butcher, and sells the beef for the Jewish people, which is sealed on our premises by the cutter—I have been in his shop and parlour, and have seen people at work in his cellar—I have seen two or three persons moving bottles, like soda-water bottles, and washing and packing them—he had a steam-engine at work in his back premises, to make soda-water.
MR. ELLIS. Q. When have you seen this? A. Frequently, two or three months ago.
Prisoner. When I was before the Lord Mayor, I had no accuser—if I had known Burls was the man, I would have proved his dishonesty—on the morning before I discharged him, he came to my house, at six o'clock—I let him in, and went to bed again—I came down at eight o'clock—I asked one of the servants, "Where is John?"—they said, "Gone to breakfast," which he never had done—I missed three little bits of top-rib—when he came back, I said, "John, here are three bits of top-rib missing"—"Oh," says he, "you had better say any thing"—I said, "You may go about your business," and he went away—he swears that his wife did not make application to me to take him back, but she did on the Monday night—I have a wife and ten children.
JURY to WHITHAIR. Q. Is there any mark on the apron? A. I cannot discover any—there are some particles of grease about it.
(Thirteen witnesses gave the prisoner a good character.)
GUILTY . Aged 42.— Confined One Year.
Sixth Jury, before Mr. Common Sergeant.
435. CATHERINE KENNEY and ELIZABETH WATKINS were indicted for stealing, on the 2nd of January, 1 table-cloth, value 12s., the goods of Henry Gibbs; and that Kenney had been before convicted of felony.
ANN GIBBS . I am the wife of Henry Gibbs—we live in Devonshire-street, Lisson-grove. I sell toys—on the 2nd of January, between twelve and one o'clock, the two prisoners came to my shop—Watkins asked for a little dessert dish—I said I had not got one—she said she was sure she saw one in the window, and would show me where it was—Kenney stood by her side—I went to the window, expecting Watkins would show me where it was, but she did not—I then turned, and Kenney was gone—I missed this table-cloth, which had been on the side counter—it is mine, and is marked "H. A. G."—Watkins left without buying any thing.
EDWARD JONES (police-sergeant D 10.) About ten minutes before two o'clock that day, I saw the prisoners passing through Harrow-street, Lisson-grove—Kenney had something under her shawl—I stopped them, and took this cloth from her.
KENNEY— GUILTY . Aged 16.— Transported for Seven Years.
WATKINS— GUILTY . Aged 17.—Recommended to mercy.
Confined Three Months.
JOHN ROBERTS . I live in Pearson-street, Kingsland-road, Shoreditch. I keep a hearth-rug manufactory—my shop is not connected with my house—it is at the bottom of my garden—no one sleeps there—on the 16th of December, I left it about nine o'clock—every thing was then right—next morning I found the door had been forced open—a square of glass had been broken, and an iron bar taken away, which had been propped against the door, and the door had been opened with a key—I missed six hearth-rugs—there had been twelve, and six were gone—here are five of them, which I had in my shop the night before—I know them by the pattern, and the manner of work—I have employed the prisoner occasionally.
GUILTY . Aged 48.— Transported for Seven Years.
RACHEL MATCHETT . I live at No. 71, Hoxton-Town. I occupy a back room—the prisoner is my grand-daughter—her father and mother are dead—she lives with me—I go out to work—when I came home, on the 17th of December, I missed this property—I asked her about them—she said she had taken them, and gave me the duplicates—I never treated her ill.
Prisoner. I took them for some apples and things.
GUILTY . Aged 9.— Judgment Respited.
SARAH MORRISON . I am the wife of Henry William Morrison. We live near the Regent's Park—the prisoner has been with me occasionally—she came on the 20th of December—I was ill in bed—she wanted me to lend her 5s.—I said I could not then, but would on Monday—on the 25th I missed the property—I told my husband—he went with the officer to her lodging, but I did not go—this is my gown.
GUILTY . Aged 36.— Transported for Seven Years.
JOHN ARCHER . I am a private in the 2nd regiment of Life Guards. The prisoner was pot-boy at the canteen in the barracks—on the 20th of December I missed this silver watch out of my box—I saw it safe at nine o'clock that morning, and missed it at two o'clock—I found it in pledge—in consequence of what the pawnbroker said, I fetched the prisoner to the pawnbroker, who swore to him, but the prisoner denied it—the next day (Sunday) he ran away with the money for the beer which he sold—I saw him again afterwards—I asked him what he had done with the money he got for the watch—he said he had spent it, and lost the duplicate—this is my watch.
GUILTY . Aged 14.— Transported for Seven Years.
BLACKETT RIDSDALE HARRISON . I am a coal-dealer, and live at Pimlico. The prisoner was in my employ—on the 9th of December, Mrs. Crow sent for a hundredweight of coals—my other man was out, and I let the prisoner go and take them, at his own request—he came back and said they were not paid for—I said, "Very well," and ptit them down on the slate—in seven or eight days, Mrs. Crow sent for another hundred weight of coals—I made a bill for two hundredweight, and sent them by my other lad—he came back and said they were paid for—I went to the prisoner
and said, "Can you set this right?"—he said, "Yes, I can"—I took him to the place—Mrs. Crow said, "You were paid"—"Was I?" said the prisoner—"Yes" said she, "the boy went for change for a half-sovereign, and you were paid"—"Yes, so I was," said he, "and I paid it to you, master"—I said, "You are a very great villain"—he said, "Master, you have got me now, but I have got you"—I said, "How do you mean?"—he said, "For selling short weight"—I said, "If you do, it is your fault, but I never had this money"—he was employed as my porter, and if money was paid at the time, he was employed to receive it.
Prisoner. I took the coals out that morning—I paid the 1s. 6d. to him while he was at breakfast—when I went into his service, he said he could not afford to give weight—he never sent out weight. Witness. Every word he has said is false—that is quite out of the question—I deny on my oath his paying me the money, or I should not have gone to my slate and put it down.
Prisoner. I laid it on the breakfast-table, before my master and his housekeeper.
NOT GUILTY .
ANN KILSBY . I am the wife of William Kilsby, of Great Saffron-hill, a shoemaker. The prisoner lodged with us—on the 17th of February I went into her room, and missed the articles stated, which had been let to her with the room—this is the sheet—it has my mark on it.
Prisoner. I pawned it with the intention of taking it out again—I had not left the lodgings.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY .—Recommended to mercy.— Confined Fourteen Days.
JOHN PEDLINGHAM . I was at the Queen's Head public-house on the 27th of December—I had 1l. 18s. 9d. given me in change by the landlord—I put it into my right-hand pocket, and went into the tap-room—I sat down, and fell asleep—I had been drinking, and was rather fresh—I was awoke by Elizabeth Smith trying to put her hand into my pocket—I called to the landlord that I had been robbed—he told me to overhaul my pockets—I found I had 6s. 1d. left—I had lost 1l. 12s. 8d.—I was stupid from drink which I had had the night before—I had seen the prisoner, but it was Elizabeth Smith that I found putting her hand into my pocket—she was the person I accused at Lambeth-street and before the Grand Jury.
WILLIAM FENNING . I am landlord of the public-house. The prosecutor gave me two sovereigns—I gave him back 1l. 18s. 9d.—Elizabeth Smith was in my tap-room that day, but not when I gave the prosecutor the money—I was in the bar, and heard him call out—the prisoner was
not present then, but she was when I asked him what he had left, and he said 6s. 1d.—I then closed the door, and sent for the officer—when he came, I told him the man had been robbed, and that the prisoner and Smith had been in his company—the officer took them to the station-house, and while they were gone, I fetched out of the tap-room cupboard a bundle which I gave to the officer—it was about half-past twelve o'clock, and the money was lost between eleven and twelve o'clock—the prisoner had been there between eleven and twelve o'clock—she returned again at half-past twelve o'clock, and Smith with her—they seemed to be acquainted.
Prisoner. That bundle was my property, which I had lost.
WILLIAM BOWER . I am a linen-draper, and live at Poplar. I sold the articles in this bundle to the prisoner and Smith, about a quarter before twelve o'clock, on the 27th of December—one of them put a sovereign on the counter, I do not know which—but I wrapped up the parcel in a paper, and the prisoner took the change.
Prisoner. It was a sovereign of my own that I bought them with—I had come from Gravesend on Christmas night—next night I was too late to buy it, and on that day I bought this gown.
JOHN CURLEY . I took the prisoner—she had one half-crown, one shilling, one sixpence, and one penny, and on Smith I found two half-crowns and a shilling—the prisoner did not ask for the bundle till I took her to Lambeth-street—she then said, "That bundle is mine—I bought it at Mr. Bower's, and paid for it with a sovereign of my own"—I asked her before if she had any thing at the public-house—she said, "No"—I mentioned to her about the prosecutor being robbed—she laughed, but made no observation—she said she had slept with the prosecutor the night before, and he gave her 5s.
GUILTY .— Confined Six Months.
NOT GUILTY .
GEORGE STEVENS . I am a tailor, and live in John-street, Cambridge Heath. I have known Hatwell five years—he told me to make him some clothes, and he brought me a pig—I did not see Kenny till the last—Hatwell came to me again, and said he had got another pig for me—I asked if it was as good as the first—he said, "Yes, rather better"—I was to make him a coat for two pigs—that was the agreement—I did not know what two they were, but he came to me, and said, "You will want a couple of pigs"—I said, "Yes"—he said, "I will tell you what I was thinking of; if you will make a fustian coat, I will find you a couple of pigs"—he then came and said he had a sow and pig, which he could put me in reasonable; but I found it would not suit me, and dropped that agreement—he then said I should have two store pigs—he came on the Monday before Christmas, and asked if the coat was done—I told him not quite, but if he would go with me, and fetch the two pigs, the coat should be ready against he came back—he refused—I told him I should keep the coat till I had the pigs—he came the next morning, and I was called to him—Kenny was with him, and so he was the evening before—Hatwell then asked if
the coat was done—I said it was, and I saw one pig in the "cart, but whether there was more than one I do not know—I refused to try the coat on till the pigs were brought on my premises—Kenny brought one pig on my premises—I then laid the coat on the table—Hatwell took it up, took his own coat off, and put that coat on—he took his own coat on his arm, and walked into the yard, where Kenny and the pig were—I said to him, "Put the pig down"—Hatwell said, "No, Kenny, put the pig in the bag; the pig is yours, and put it into the cart"—I said they should not go off my premises, but Kenny put the pig into the cart—then came and dragged Hatwell out—Hatwell said if any body attempted to take the coat off, he would run ab—y knife into him—I then gave information.
Cross-examined by MR. PHILLIPS. Q. It would appear as if you never bought a pig of Hatwell at all? A. The agreement was, that I was to have two pigs for this coat—the pig that I saw he asked 14s. for; the other was to be the same price, and I value the coat at 28s.—I bought one pig of him before, and I paid him for it in work—I made him a pair of trowsers.
Q. Did you never buy a pig of him that you were to pay him 1l. 4s. 6d. for? A. No—he never asked me to pay him for the pig—I do not know Jane Irons—I never saw her, to my knowledge—I cannot tell where the first pig was delivered to me that I got from Hatwell—I dealt with him some time—I may have bought four or five pigs of him—I cannot say how long before this—I made him a pair of trowsers, which came to 27s.—he paid me no money at all for them; it was done in the way of dealing—he paid me no money for them—I never told Mr. Robinson that he paid me 14s. for them—this document is my handwriting (looking at it.)
Q. Upon your oath, did you not tell Mr. Robinson that he paid you 14s. for the trowsers; and the reason you made oat this bill for 27s., was because his father was to pay you the difference? A. No, I did not, nor did I say so in the presence of Mr. Robinson.
COURT. Q. Had you any conversation about these trowsers? A. No—it was brought forward at the office about the 1l. 7s., and Hatwell denied paying me any money, and his lather likewise—I said they never did pay me any.
GEORGE STEVENS, JUN . I was present when there was some conversation with Hatwell and my father about the pigs—Hatwell and Kenny came about eleven o'clock in the morning, with one pig in a cart—they brought one in, and Kenny held its leg in the yard—my father fetched the coat down, and laid it on the table—Hatwell was to bring two pigs for the coat, to the amount of 28s., and we expected the pigs would be brought that day—when Kenny went into the yard, Hatwell put the coat on, and took his own coat on his arm—he then went into the yard, and said to Kenny, "Put the pig into the bag; the pig is yours"—my father told him to let it go—Kenny said, "Will you buy this pig?"—I said, "My father has no dealings with you, you may take the pig away"—I gave him a string to tie it up.
Cross-examined. Q. How may pigs did your father buy of Hatwell? A. I do not know—he had dealt with him for pigs for the last five years—he may have bought three or four, or four or five, but I was away some time—I did not hear my father say that he bought any while I was away, but he bought four or five—he paid him all in work—there was no money ever paid.
COURT. Q. When was this coat made? A. About five weeks ago—my father had no transaction but this with him, for the last six months.
JOHN MATE (police-constable N 258.) I ran after the cart in which the prisoners were—they drove fast, because they saw us running after them—they must have seen us—we were but a few yards from them when we first saw them—I apprehended Kenny on the Friday—he asked what I wanted—I said, "This man wants you for stealing a coat"—he said, "You must go and take Joe, he has got the coat."
JOSEPH MARSHALL (police-constable M 259.) On the Friday evening, Hatwell came to the station-house, and asked for Kenny—I said he was gone to the office—he said he wished to go there with him—he had this fustian coat on—he said it was very wrong of Mr. Stevens to charge him with a theft; that he had not robbed him, but there was a debt due from Mr. Stevens to him of 1l. 4s. 6d., and Mr. Stevens was to make a coat for 28s. for him, and he was to give him the difference; and the pig that was taken then, had nothing to do with the coat.
Hatwell's Defence. I gave Stevens an order for a coat, which was to be in payment of a debt which he owed me—I had applied to him several times for the money, and could not get it—I then applied for a coat—he agreed to make it, and when he had made it, I told him I would pay him the difference—he then said he should wish to have more pigs of me—I said I had no objection, after we had a settlement—I said I had more pigs at my father's, if he would come and see them—he came and saw one, and said he wanted a couple—I said I could get another if he liked—he then said the coat was not done, it wanted a little more pressing—I went for it—he said, "Joseph, the coat is done," and they fetched it down—I pulled off my coat, he helped me on with the other, and said it was a very good fit—I said, "Well, here is the difference of the coat, what I owe you"—he said, "No, I will have the coat, or else I will have a pig"—I said, "You owe me 1l. 4s. 6d., here is 3s. 6d., and that will settle our account; now, if you think proper to buy the pig in the cart, well and good; if not, we part as we did before"—he then told me to pull the coat off—I refused, and said if he did not choose to take the money, I could not help it—Kenny took the pig away, as Stevens told him.
GEORGE ROBINSON . I am clerk to Mr. Tomlins, a solicitor. In the course of my duty, I attended at the police-office, where Mr. Stevens was; in the cross-examination, he told me that Hatwell had paid him 14s., and he had delivered in the bill of 27s., because he should get it of his father.
JANE IRONS . I live at Stratford. Hatwell keeps company with me—I went with him to Stevens to deliver a bill of 1l. 4s. 6d.—I saw the bill—they asked him in, and shut the door—I waited for him—I went with him four or five times to get the money, but he did not.
NOT GUILTY .
OLD COURT.—January 8th, 1835.
Before Mr. Justice Taunton.
445. JAMES RIVETT was indicted for feloniously breaking and entering the dwelling-house of Charles Smith, on the 11th of November, at St. George, Bloomsbury, and stealing therein 1 shawl, value 10s. 6d.; I gold ring, value 10s., 1 purse, value 2s. 6d.; 2 brooches, value 15s.; I bodkin, value 1s.; 5 pairs of stockings, value 7s.; 3 shirt studs, value 5s. 9d.; 3 shirt buttons, value 1s.; 1 pair of trowsers, value 15s.; 2 sovereigns; 6 half-crowns; and 1 sixpence; the goods and monies of William Barbrook.
WILLIAM BARBROOK . I lodge in the house of Charles Smith, in Market-street, St. George, Bloomsbury. There are two other lodgers—Smith lives in the house himself—I am a lithographic printer—on the 11th of November I left my house about eight o'clock in the morning, and returned at three o'clock—I found my door broken open, which I had left locked—the catch of the lock was broken—force must have been used to do it—I found three boxes broken open, and missed the property stated in the indictment—mine is on the second floor back room—I had left the things safe in the boxes—I had seen them there about ten minutes to eight o'clock, before I went away—the prisoner had been a schoolfellow of mine—I had given him a lodging, out of charity, about a fortnight before—he left about a week before this happened—he has been a groom—the officers had been looking for him, and tried to find him ever since, but I did not see him till last Friday night, when he came to where I was at work, rang the bell, and said he wished to give himself up—he said he had been very miserable, ever since the time he had robbed me—I went and got my coat, and gave him into the custody of Ford, a policeman—he told me he was very sorry for what he had done—I asked him what he had done with the property, that was all—he said he did not know what made him commit the offence; that it was his first offence—the articles were worth about 5l. 8s. 9d. including the money, which was 2l. 15s. 6d.—if I wanted to sell the articles, I. think I might have made 30s. of them.
Prisoner. He says I took five pairs of stockings—he knows very well he had no such things in his possession. Witness. I am sure there were five pain of stockings.
Prisoner. On the Sunday previous he shewed me 13s. and declared it was all the money he had in the world. Witness. I showed him six half-crowns and a sixpence in my purse, but did not say it was all I had—I kept him as long as I could afford, and then told him he must go.
SARAH WILLIAMS . I am single, and live in Ernest-street, Regent's Park—the prisoner came to my lodging on the day of the robbery, about twelve o'clock—I was then lodging in York-square, Regent's Park—he brought a crape shawl to sell—he said his uncle had come from the Indies, and wished to sell it—he asked 5s. for it—I examined it, and should know it again—I did not purchase it—it was not left with me—he had a small box with two brooches, about nine shirt-studs, and an ivory bodkin—he said he had bought them while he was in place, and he did not wish his mother should see them—I took up one brooch, and looked at it in my hand—they were returned to him—I should know them again—I asked him to give me the pearl bodkin, and he did, after some hesita-tion—he took the shirt studs away with him—they were plain studs—I do not know whether they were metal—some of them were mother-of-pearl, with gilt edges—he had a wedding ring tied to the end of his handkerchief—I was taken into custody on suspicion of being concerned in the robbery, and discharged—directly the policeman told me the robbery was committed, he was about to search me, and then I gave the bodkin up—I get my living by different things—sometimes I do needlework—my friends do not live with me—I have known the prisoner three years—he called on me to sell the shawl, nothing else that I know of—several young women lodge in the same house with me—they get their living in the same way as I do.
WILLIAM COOMBES . I am a journeyman butcher, and live in Minister-street, Regent's Park. I was taken into custody on suspicion of this rob-bery, and afterwards discharged—I recollect receiving a ring from the prisoner on the 11th of November, at the Cape of Good Hope public, house, Regent's Park—he asked me to pledge it for him—I went and pledged it at Mr. Fowler's, in Ernest-street, for 5s.—I gave the money to the prisoner.
JOHN ROSE . I am in the service of Mr. Fowler, of Ernest-street, Regent's Park. I remember a ring being pawned by Coombes on the 11th of November—it has been in my custody ever since—I am quite sore it is the same.
SARAH WILLIAMS re-examined. I cannot swear to this ring, but it is like the one I had—I believe it to be the same as he showed me, which he had tied to his handkerchief—it resembles it—I cannot say more than that it is like it.
JOHN CORDY CROUCH . I am a pawnbroker, and live in Grafton-street, East, Fitzroy-square. I have a shawl and brooch pawned with me on the 12th of November—the shawl by a woman, in the name of Bird, who admits pawning it, but she is not here, through illness, I believe; and the brooch by a man—they were both pawned the same day—I should not know the man again—he gave the name of "John Roberts."
SARAH WILLIAMS re-examined. That is the shawl—I know it from the pattern—it is the one he brought to me on the 11th of November—I only know it by the pattern—it is very handsome—this brooch is the same as was in the box with another one which I saw on the 11th—I cannot swear to it, but it is like it.
WILLIAM BARBROOK re-examined. I know this brooch—it is the same that I lost—I know it by a piece of paper which I put to the back, to fasten it inside, as it was loose—I am certain it is the same—this is the same shawl that was stolen—I know it by the pattern—I never saw one like it.
JAMES FORD . I am a policeman. The prisoner was brought to me on the evening of the 2nd of January, in Broad-street, St. Giles—I took him to the station-house—I said nothing to him—the prosecutor said he had got his trowsers on—on the road the prisoner said he was sorry for what he had done—he afterwards took the trowsers off—I have them here.
WILLIAM BARBROOK re-examined. I know these trowsers to be mine by a tear at the bottom of the legs—I had not worn them long—I am certain of them—I believe this to be the bodkin which was stolen from me—there is no mark by which I can swear to it.
GUILTY of stealing to the value of 99s. only. Aged 20.— Transported for Seven Years.
Before Mr. Justice Bosanquet.
446. ANN CAPEL was indicted for feloniously breaking and entering the dwelling-house of Joseph Turner, on the 26th of December, at St. Marylebone, and stealing therein 3 shirts, value 20s.; 1 sheet, value 5s.; and 1 table-cloth, value 2s.; his goods.
EMMA TURNER . I am the wife of Joseph Turner, who is a soldier, and lives in Portman-mews. We occupy one bed-room—Mrs. Sharp is the landlady—she does notlive in the house—I take in washing—on the Tuesday before Christmas, I hung up in the front garret, which was empty, and belongs to the landlady, six shirts, a pair of pillow-cases, a pair of sheets, and a table-cloth; I locked the room, and took the key down stairs—I did not go to the room again till the Saturday, when I missed four shirts, a pair of pillow-cases, a linen sheet, and a table-cloth—the door was unlocked at the time—the prisoner had lodged with me in my room about three weeks, when this occurred—I missed them between one and two o'clock on Saturday—she slept there on Saturday night—and after she was gone to bed, in consequence of suspicions, I searched her pockets, and found a duplicate of the articles—I charged her with it—she said she had done it, and must abide by it—I went to the pawnbroker's on the Saturday—they denied having the things—they said they were not there in pledge—I went on Monday morning, and they said they had not taken them in, to their knowledge—I then produced the duplicate, and found the things there—the prisoner bore a good character.
JAMES FRANCIS TILLET . I am in the employ of Mr. Neat, pawnbroker, of Duke-street, Manchester-square. On the 26th of December, the prisoner pawned at our house a sheet, three shirts, and a table-cloth, in the name of Jane Capel, for 1l., and said they were her own—I did not see Mrs. Turner when she came to inquire.
(Property produced and sworn to.)
RICHARD BRADSHAW . I am a City officer. I took the prisoner into custody—I said, "Do you know the business I have come upon?"—she said, "Yes, I do"—I said, "Perhaps you are not acquainted with the nature of the charge"—she said, "Yes, I am; I have done it, and I will stand by it."
Prisoner. I leave myself to the mercy of the Court.
GUILTY of stealing only. Aged 22.— Confined One Month.
Before Mr. Justice Taunton.
447. THOMAS UNDERWOOD and CHARLES RICHARD WILKIE were indicted for stealing, on the 29th of December, at St. Clement Danes, 1 cloak, value 5l., the goods of Charles Campbell and another; 1 coat, value 1l.; and 1 cloak, value 2l.; the goods of the said Charles Campbell, in the dwelling-house of the said Charles Campbell and another; and RACHAEL WILKIE was indicted for feloniously receiving on the same day, 1 coat, value 1l., part of the said goods, well knowing it to have been stolen.
CHARLES CAMPBELL . The prisoner Underwood lived with me at No. 19, Arundel-street, as under-servant, for about a month—I keep a club-house—he left about two months ago—on the 29th of December, I missed a cloak and a great-coat of my own, and a cloak belonging to Mr. Gurney, which had been hanging in the hall.
MARY HUMPHREYS . I am servant at the Albion club-house, in Arun-del-street, in the parish of St. Clement Danes. The prisoner Underwood lived servant with Mr. Campbell while I did—on a Monday evening, after he left, I saw him just inside the door in the small hall—not the hall where the things hung—it was about a quarter past nine o'clock, on the 29th of
December—he told me he had come to speak to the head-waiter—I told him the head-waiter was not at home—he then asked for the house-maid, Elizabeth—I told him she was not at home—he asked me if I would come out with him—I went about half-way up the street with him—I then left him—I saw him about five minutes afterwards coming towards the house—Charles Richard Wilkie was there with him—I told him I thought he was gone—he asked me if the head-waiter was come home—I said he was not, and I did not expect him home till late; and about five minutes after that I went in—he and Wilkie were close by the club-house when I saw them—nothing passed between them in my hearing—they went towards the Strand, and about twenty-five minutes to ten o'clock, I missed two cloaks and a great-coat from the inner hall—you go through the smaller hall to it—they had hung up in the hall—I saw them there about nine o'clock, before I saw Underwood.
Underwood. Q. Was it in Arundel-street you met me? A. It is a street just through Arundel-street—I do not know the name of it; it leads into the Strand.
NIMROD FRY . I am a silk-weaver, and live in Ramsay-street, Betnnal-green. The prisoner, Rachael Wilkie, is my wife's daughter, by her first husband—Wilkie and his wife came to my house last Wednesday, the 31st of December—Wilkie said he was going to leave this part of the country, as he said he and the prisoner, Underwood, had been in the Strand, and Underwood had robbed his late master's house—and he was going to leave the country for fear he should be taken up about it, and that he had sold his goods—I told him he had better go and tell the whole truth about it—he said he was afraid to do it, and burst into tears—I left the house, think-ing my wife would be able to persuade him to go and tell all about it—I returned in half an hour, and he and his wife were gone—I had him taken into custody the same night—I saw Underwood in the street, during the half-hour I was out—I told him I expected he would get transported for robbing his late master—he said he did not care a pin about it whether he was or not, for he wanted to get transported—he went away—I then went with the officer, and had Wilkie and his wife apprehended, at his sister's in Lisson-grove—they were both together—Wilkie had said in my house that Underwood had given his wife the coat, and she had pawned it—I found Underwood that night, and gave him in charge of a policeman, for robbing his master, from what Wilkie stated—we had him taken to the station-house, and when he got there, he said he wished to give me in charge, for it was me and my son had robbed the gentleman's house, and wanted to put it upon him.
Underwood. Q. Why not give me in charge the first time when you came out of your house on purpose? A. I did not come out on purpose, I met him by accident—I wanted to know the particulars more fully—my wife did not call out to me to do my duty—I did not promise to meet you at the Black Dog.
JOHN WRIGHT . I am a policeman. On Wednesday afternoon I saw Underwood by Fry's door—he said something about Fry's son and daughter and the coat—he said he would see it out, and asked if I would go with him where the coat was pledged—I went with him to Mr. Pige's, a pawnbroker, in Church-street, Bethnal-green, and found the coat there—when we went into the shop, the shopman seemed to know what business he had come upon—Underwood said he had come about the great-coat that he had been about
before—there were several shopmen present—the shopman told him he had better get the duplicate from the party who pawned it—I and Underwood went in pursuit of Wilkie, hut did not find him.
THOMAS COOMBS . I am shopman to Mr. Pige, of Swan-street, Bethnal-green. I have a coat which was pawned by the female prisoner in her own name, on the 30th of December, between eight and nine o'clock in the morning, for 12s.—I knew her before, as a customer.
ROBERT MOORE . I am a policeman. Fry gave Underwood into my charge, on the 31st of December, for stealing three great-coats, the pro-perty of a gentleman in the Strand—Underwood made no reply—I took him to the station-house, and he said it was not him who stole them, but Fry's relations had stolen them—he said lie had been with a policeman, and found where one of the coats was pawned—I apprehended Wilkie and his wife, on the 1st of January, and brought them to the office; and on bring-ing them back from the office, he told me that Underwood hid the two cloaks under the joists, or boards, in the room where he resided—I went and searched the room where Underwood lived, but did not find them—I went according to the address he gave—the prisoners all lived together in the same room.
Underwood. Q. Did you find any place under the floor where any thing could be hid? A. Nothing could be hid there—it is a very large house—I cannot tell how many rooms there are.
Underwood's Defence. When I left Mr. Campbell, I went to work in a shop in Church-street, and this man worked in another—I called on Mr. Campbell's servants and left two of my cards there, and they agreed to give me work—we went down there on Monday, it being holiday-time, and saw the witness on the steps of the door—I asked if James was at home—she said, "No"—she came up part of the street with me, telling me about two silver forks which had been taken by the servant who came after me—she went through a little alley, and I said to Wilkie, "Let us go round, she is gone to her young man in the stable, and we will have a bit of fun"—we did so, and I then went straight homer—on Wednesday morning Wilkie and I had a few words—I went to work, and told his wife they would surely be transported, as I saw these things there—when I came home, I found the place locked up—I saw her, and ran after her—she said her husband had gone down into the country, and she would return in half-an-hour—she left me in the Black Dog, but instead of her coming, her mother came and took her bonnet away, and said, "Instead of my daughter's husband being transported, you shall"—I went to know where the coat was, and found it at the pawnbroker's, and after that I went down to Fry's house—I asked what they meant by what they had said—he came out to give me in charge, which was only wnile he got away with the property which I expect was there—when I left the Honourable William Frazier's, Fry wanted me to take away all the plate, and give it him over the wall, and he would go to America—I told the officer all these circumstances—my sister told me Mr. Campbell's servant had been, and wanted me, and asked if I would go there—I said, "Yes," but it rained hard, and being about with the policeman, I could not go—we were in search of Wilkie, but could not find him till after eleven o'clock—I told, the policeman I had been in the Rotherhithe station-house, bolt was diacharged—I had never seen the things.
C. R. Wilkies Defence. On the Monday after boxing-day, Underwood said, "Wilkie, will you go with me?"—as we went along, he stated to me how he had left the prosecutor's service, and had left a great-coat there; and wanted to go down and see the servants, to get it—we went to Arundel-street—he went to the door, and said, "It will not do, I know, for they are at dinner"—we returned about nine o'clock, and went down by the door—Underwood got on the steps—I followed him, and the servant girl came, and looked hard at me, but did not speak to me—after that, we went up the street with the servant girl; and saw her go across a passage—I was returning, and saw her with a young man—we came Back; and after that Underwood said, "I think I saw him go in" (mean-ing James, the servant)—he went in, and staid about five minutes in the hall; and came out with a bundle under his arm, and a great-coat—we went home; and when he got home my wife was in bed—he undid the bundle, and it had clothes in it—I found the things were stolen—next morn-ing he gave my wife the coat to pawn—she went to the regular pawnbroker's where she had been in the habit of going, and pawned it in her own name, of course—while we were away, Underwood secured the things under the flooring of the house; and next morning he and I had a few words, and he gave me two or three saucy answers, which I did not like; and after that, he said there was stolen property in the house, and they could have me transported—my wife went for me.
Rachael Wilkie's Defence. On Monday afternoon my husband and Underwood went, as I thought, to Battersea—Underwood said he bad left some things at Campbell's, which he would fetch—I went to bed at nine o'clock—next morning he asked me to go and pawn the coat for him, for he had no money—I went to Mr. Pige's, and pawned it in my own name—I did not know that it was stolen—on Wednesday morning Underwood said to me, "I know something which will transport your husband"—I said, "What is that?"—I went to the shop and told my husband, who came home, and sold our things—I had pawned several things before for Underwood.
MR. CAMPBELL re-examined. The house belongs to myself and a Mr. Brett—he has a moiety of it—we both live there—the value of the property is £8—I should say—5 is a very moderate price—I am quite sure they are worth that.
JURY. Q. What are the cloaks made of? A. The best blue cloth—they cost twenty-one guineas—I have not recovered either of the cloaks—the coat is here.
UNDERWOOD— GUILTY . Aged 19.
CHARLES RICHARD WILKIE— GUILTY . Aged 24.
Recommended to mercy by the Jury, in consequence of "the spleen exhibited
by the witness Fry."— Transported for Life .
RACHAEL WILKIE— NOT GUILTY .
NEW COURT.—Friday, January 9, 1835.
Second Jury, before Mr. Common Sergeant.
448. WILLIAM DIXON and JOHN NICHOLAS SPENCE were indicted for stealing, on the 23rd of December, 8 pairs of half-boots, value 28s.; 1 pair of shoes, value 5s.; and 1 slipper, value 1s.; the goods of William Marshall; and ELIZA STEPHENS was indicted for feloniously receiving the same, well knowing the sanse to have been stolen, against the Statute, &c.—2nd COUNT, stating them to belong to Grace Marshall.
GRACE MARSHALL . I keep a shoe-shop at the comer of Shadwell mar-ket. On the 23d of December I had, in my window, five pairs of men's boots, one pair of women's boots, a pair of shoes, and an odd slipper, with green backs and leather fronts—there was a broken pane, patched over with some paper, which was broken; and I missed these things about nine o'clock in the evening—here is a pair of women's boots and this slipper, which I can vouch are mine; and a pair of children's boots, which I cannot be so positive about, but I lost three pairs of that kind.
JANE HOBSON . I live next door to Mrs. Marshall. On the 23rd of December, between eight and nine o'clock in the evening, I saw Dixon, with another man, who, I believe, was Spence, standing at a post close by Mrs. Marshall's window—I went into my houses and went out again; and, on returning the second time, I saw Dixou coming from the square of glass that was broken—the other man was still standby at the post—I passed them twice after that, in conversation with each other—I have no doubt whatever about Dixon's person.
Cross-examined by MR. PHILLIPS. Q. Speace seems a mere boy? A. I do not say positively that he is the person.
SARAH METCALF . I live in New-street, Shadwell market. I was about five yards from the prosecutor's on the 23rd of December—I saw Dixon and Spence about half-past six o'elock—I am confident they are the two persons—they passed me repeatedly, and. were at the shop window wnen I saw them last—I had occasion to come in at seven o'clock, and that was the last time I saw them that might.
JOHN MURRAY (police-constable K 178.) On Sunday morning, the 4th of January, I went to No. 51, James-place, Ratcliff, where Phinne lives—I asked her if any one had offered shoes there for sale—she said yes, and she would send for the woman—the prisoner Stephens came up to the door while I was there, and Phinne asked her whether the shoes were, sold—she said she thought they were pawned, and William had got the ticket—she then walked away to her own home, No. 53—I followed her in, and in the cupboard, on the right hand side the fire, I found this slipper—I then looked down at her feet, and saw she had this pair of boots on—I asked her where she got them—she said, "I bought them, to be sure—I asked her whether the would show me the shop—she hesitated a few minutes, and then said, "I will tell you the truth, William gave the to me"—I took her to the watch-house—I was there when Spense was brought in—he said he was with Dixon that night—he did not say on what night.
Cross-examined by MR. DOANE. Q. Stephens made no objection to your searching? A. No—she had the pair of boots on her feet—I gave her them again to walk to the station-house.
Spence's Defence. I have witnesses to prove I was at home at the time.
MR. DOANE to MRS. MARSHALL. Q. I suppose your window is full of shoes and boots? A. Yes—it is a large wimdow—I had many of these articles, but they all laid in rotation—I know them—I missed them about nine o'clock—they finished taking them about that time—here is a mark,
468 WICNHESTER, Mayor.
"No. 4," in these boots, on the lining—I do not mark them all so—I am no scholar—I do not strike out the mark when I sell them, but some are marked on the soles, which comes out when they are worn.
COURT. Q. Are you able to swear that these are the boots you lost that night? A. Yes; and this is the fellow slipper to the one I lost—these are the identical boots I lost that night—I know them well.
JURY. Q. How are you able to distinguish these from any other boots which have been sold? A. Because I had these in the shop some time—they were a very awkward pair—I know them well.
MR. PHILLIPS called
THOMAS PADDISON . I am a rope-maker, and live at No. 3, White Horse-place, Commercial-road. Spence lives in the next house—I have known him fifteen months—on Tuesday, the 23rd of December, I saw him in bed at eight o'clock at night—there was a young woman in the room—he was rather in liquor.
COURT. Q. Where is this house? A. No. 2, White Horse-place—it is his mother's house—I live next door—the girl who was in the room was a girl he lives with—she was dressed—there was no fire in the room—I remember it was the 23rd of December, because I was in the house that night—I have all my meals there—I generally sup about eight o'clock—I had not supped that night—there was no one else in the room—it is about half a mile from Shadwell market.
ANN FORD . I live in Mrs. Spence's parlour. On Tuesday evening, the 23rd of December, there was a knock at the door, and I let in the prisoner Spence, at a quarter before eight o'clock, as near as I can say—he was a little tipsy.
COURT. Q. Are you sure it was on the 23rd of December? A. Yes; because I and my sister were going to my mother's, as we expected my brother home.
JURY to JOHN MURRAY. Q. Have you seen Dixon at Stephens's house? A. Yes; he lives there—I have seen them together a dozen times, in the house and out of it.
WILLIAM DIXON— GUILTY . Aged 21.— Confined Six Months.
STEPHENS, NOT GULITY .
NOT GUILTY .
MR. ELLIS conducted the Prosecution.
EDWARD JONES . I am a pork butcher, and live in Redcross-street On Tuesday, the 16th of December, the prisoner came to my shop a few minutes after two o'clock, for half a pound of Epping sausages, which came to 4d.—he put down half-a-crown, and then said, "Stop, I will see, I think I have a shilling in my pocket"—he pulled out an old silk purse, and then said, "No, I have no shilling, you must give me change"—I gave him change, and soon afterwards I saw the half-crown was bad—I pursued, and saw him in Fore-street, walking fast, and just as he got to the corner of Whitecross-street, he ran away—I pursued and caught him just by the waggon office—I seized him, and charged him about the half-crown
—he declared he would knock me down—he went off—I followed him along the street, and saw him four times put something into his mouth—this is the half-crown I took of him.
Prisoner. Q. Did you see it marked before you left the station-house? A. Yes—I saw you put your hand to your mouth, and you swallowed something which looked like a shilling.
JOSEPH HORTON . I am beadle of Cripplegate. On the 16th of December, about two o'clock in the day, I was in a cheesemonger's shop—I saw the prosecutor and prisoner go by with a lot of people—I inquired what was the cause, and they told me it was a smasher—the prisoner was then walking towards our station—I followed him, and saw him swallow three distinct pieces, which appeared white like a shilling—he put himself in a fighting attitude, and threatened to knock the prosecutor down—I asked what was the meaning of his swallowing the money—he said, because the officer should not hurt him.
Prisoner. Q. You saw me swallow something? A. Yes, it appeared the colour of silver, not of gold.
Prisoner's Defence. I sold my coat to a Jew in the street for 5s.—I gave the prosecutor the half-crown—I thought I had the price of the sausages in half-pence, but I had not—I then said I must trouble him for the change—he gave it me—I came out and heard some one call "Stop thief"—he came out to me and said, "It will not do"—he called me a scoundrel, or something—I said I would knock him down—I then walked on towards the station-house, and was taken.
GUILTY . Aged 19.— Confined One Year.
MESSRS. ELLIS and CHAMBERS conducted the Prosecution.
DOROTHY BONNING . I live in Bridge-street, Westminster. My father keeps a stationer's shop. On the 31st of December, I saw the prisoner there, about seven o'clock in the evening—she bought a sheet of writing-paper, and gave me a sixpence—I put it into the till—there was a half-crown and some shillings in the till, but no other sixpence—I saw my mother take the same sixpence out of the till—I took it out of her hand, and put it into a box in the glass case the same night—on the 2nd of January, about six o'clock, she came again, and purchased a steel pen, which came to 1d.—she gave me a shilling—Miss King, who was standing by me, went out, and Mr. Lucas came in with her—he asked the prisoner several questions about the shilling—she said she did not know it was bad—Mr. Lucas looked at it, and gave it back to me—I gave it to my father, who gave it to the policeman—I took the sixpence which she had passed before, out of the little box, and gave it to the policeman, or to my father—there was a half-crown and two shillings in the box beside, but no sixpence.
Prisoner. Q. Are you sure I was there on the Wednesday? A. Yes.
on the 31st of December—there is a glass door through which I could set into the shop—what has been stated is correct—I saw the sixpence put into the box—no one went to the till from the time the sixpence was put in—it was put into the box—I was in the shop on the Friday evening—what Miss Bonning has stated is correct.
JOHN YOUNG (police-constable B 147.) I was called in on Friday night—I received this shilling, and this sixpence—I took the prisoner—she said she lived in St. Ann-street, at a rag shop, but I went, and she did not live there—her lodgings are half a mile from Bonning's—she could have got paper nearer.
Prisoner's Defence. I was not in the shop on Wednesday—I was on Friday, and she sent another person to get change for a new sixpence. Dorothy Bonning re-examined. This was the fourth time she had been there, and paid for articles in silver.
GUILTY . Aged 19.— Confined One Year.
WILLIAM FORD (police-constable B 92.) On the 24th of December, I was in Tothill-street—I saw the prisoner in company with two others—I knew them all—the prisoner came out of a court in Tothill-street—he had something in his left hand, and was rubbing it with his right hand—I went and seized him by the arm—he dropped something out of his left hand on the ground, which sounded like a shilling—I looked, and saw a shilling—one of his companions, the big one, came and struck me on the arm, and knocked my hand away from the prisoner, who then put his left hand into his trowsers pocket—I saw Goose on the other side—I called him—he came and took hold of the prisoner—I saw Goose shake his trowsers, and two shillings fell on the ground—the first shilling the prisoner dropped, I had picked up myself, and have kept it ever since—Goose examined his trowsers, and there was no bottom to the pockets—Goose found two shillings in his left shoe.
ROBERT GOOSE (police-constable B 55.) I was called—I found the prisoner's legs quite close together—I pulled them asunder, and two shillings fell out of his trowsers—I picked them up, and found there was no lining to his pockets—I undid his boots, and found two more shillings—he said some boy gave them to him.
MR. FIELD. These five shillings are all counterfeit, and all from one mould.
Prisoner's Defence. I was going up the street, and a boy gave me these—the officer took me, and I put them into my pocket—they fell through as my trowsers are worn out.
GUILTY .* Aged 17.— Confined One Year.
NOT GUILTY .
THOMAS MINTON . I live in Beck-street, Regent-square. On the 16th of December, the prisoner came to my shop, and bought some tea and ugar, wliich came to 4 1/2 d.—she offered mo a half-crown—I thought it
was bad, and inquired where she got it—she said at a gin-shop—I said, "Do not you remember you tendered one here about a fortnight ago? this will not do; I shall give you into custody"—she went off with another person, who was with her—I followed, and had them taken, but they were discharged—I left the half-crown with Stone.
DANIEL HALLETT . I keep a grocer's shop, in Wellington-terrace, Waterloo-bridge. On the 23rd of December, the prisoner bought half a pound of brown sugar, which came to 3d.—she gave me half-a-crown—I saw it was bad, and had her taken—I gave the half-crown to Gooch.
GUILTY . Aged 21.— Confined One Year.
Before Mr. Recorder.
SAMUET POPB, JUN . I am the son of Samuel Pope, who keeps a booking-office at the Crown Inn, St. Paul's, fox Richmond and other short stages—parcels sent from the country are delivered at our office to be sent to the country—there is a ticket sent with them—we pay the charge on the ticket for the carriage of a parcel to town, and the porterage, and we charge 2d. for booking—on the 17th of November, I received from the prisoner a parcel and this ticket, on behalf of my father—he demanded 2s. 2d. for the carriage, and 6d. for the porterage—according to our usual custom, I paid him that, and put 2d. on the ticket for our booking—the coachman paid us that again—he had to deliver the parcel and receive the money—the parcel was addressed to Mr. Jones, of Richmond—the ticket imports that the parcel came from the Bull and Mouth Inn, Bull and Mouth-street, in the City—I was deceived by the ticket, and paid the prisoner 2s. 8d.
Prisoner. His father swore that I gave him the parcel. Witness. No, he did not say any thing at all about it—he knew nothing about it.
WILLIAM HIPGRAVE . I am porter to the Bull and Mouth. If this had been a genuine ticket, it would have been signed by me—I am the only person who signs the tickets in that district—my name is not on it—here is a name—it is one of our printed tickets, but the writing is not mine.
(Joseph Dibden and William Serjeant, porters at the Belle Sauvage, gave the prisoner a good character.)
GUILTY . Aged 20.—Recommended to mercy by the Jury.
Confined Three Months .
NOT GUILTY .
GEORGE TEGG . I lost a watch, a key, and a split ring, on the 22nd of December—the prisoner had been lodging in my house—she left me that day—she and my brother were carrying on a correspondence, and I understood they were going to be married—when the prisoner left, I understood she was going to her uncle's, which was about half a mile off—I found her at Enfield—I live at Hackney, which is seven miles from Enfield—I missed my watch, which I had kept on my drawers in my bed-room—I took the prisoner to the station-house, and in consequence of what she said, I found ray watch.
Cross-examined by MR. PHILLIPS. Q. You told her, I believe, it would be better for her to tell you where it was? A. Yes, to save trouble; and she told me—I had heard no time fixed for the marriage—I had not bought any clothes for the marriage.
Q. Had none of your family bought 25l. worth of clothes for the marriage? A. Not that I know of—she left very few things behind her—I did not advance any money for the purpuse of buying clothes for her—I did not go with Naylor to buy any clothes—perhaps 20l. worth of clothes were ordered, but they did not come home—I stopped them—I have not seen any thing peculiar in the prisoner's manner—I never saw her cry—she has been ill.
COURT. Q. Did not your brother and her leave together? A. No.
Q. Look at this deposition; did they not leave your house together? A. Yes, in a fly—I gave the prisoner permission to keep my room till the 6th of January—she left on the 22nd, and I took her on the 28th.
MR. PHILLIPS. Q. Was not that fly hired to carry them to be married? A. No—I did not state that if the clothes I bought for her were given up, I would be satisfied.
JOHN THOMAS LEACH . I live at Mr. Mortimer's, on Snow-hill. I produce this key and ring, which I took in pledge of the prisoner—I have no recollection of her, only from what they say—this is the duplicate I gave—it was of a female.
JOHN WRIGHT . I live in Thomas-street, Lloyd's-row, St. John's-street-road. I had this watch—I know it by its curious glass—on Christmas-night, about a quarter past eleven o'clock, the prisoner and some female came to my house—the prisoner asked if she could have a night's lodging—she said she had been waiting at the corner of Lloyd's-row, to meet a gentleman—a female who lives in my house came and asked if she could sleep there—I said she could, seeing she was respectable; and Hartfield lighted her up stairs—she took some refreshment—Hartfield then brought down the watch, and gave it to my wife in my presence—I gave it to the policeman—my charge for what she had was half-a-crown—she went away without claiming the watch—I heard of this again on the 29th of December.
EMMA HARTFIELD . I was at Mr. Wright's house—I carried the watch down to him—the prisoner told me to take great care of it, and she would be there at half-past eight in the morning and take it away when she paid the money—she said the reason why she gave me the watch was, she had received some change, and she was afraid some of it was bad.
prisoner that I heard—they were expected to be married in a day or two—my brother-in-law was in the house when the prisoner left—he had been in the room with me—not where the watch was—the prisoner said she was going to her uncle's, and would be back in half-an-hour, but she did not go there.
MR. PHILLIPS. Q. What floor was the watch on? A. On the top floor—I would not swear my brother-in-law had not been on that floor—he did not sleep in the house the night before the prisoner left—he slept there sometimes, and took his meals there occasionally—I am not aware that he had ever gone into the room where the watch was—there was some plate in my house—I did not order the clothes—the prisoner ordered them, Hot on my credit or my wife's—the prisoner paid for part of them with money she had borrowed of my brother.
Q. Then what right had you to stop the things corning home? A. I did not want to be pestered with them in my house—there was more to pay on them—I heard from the prisoner that she had 2l. a week.
Witness for the Defence.
THOMAS NAYLOR . I am brother-in-law to Mr. Tegg. The prisoner was engaged to be married to me—I remember going with her and my sister to bespeak some clothes for the wedding, which was to take place on Sunday—it had been appointed to take place before Sunday—I remember going in the fly on the 20th, and it was to take place on the Tuesday following—I cannot say exactly the amount of the clothes that were ordered—it was from 20l. to 25l.—I was to pay for them—if the prisoner had remained, she would have had all those things—I first became acquainted with her on the 14th of December—she came to my house in Little Ebury-street, Regent's Park, with a young man and a female acquaintance of hers, whom I had never seen before—I proposed to her to marry me in about a week, but it was postponed on account of her illness—I believe it was on the 16th I proposed to her to marry me—she said I might please myself, and I fixed on the Tuesday after; but she was taken ill, I believe, on the Friday—we were to be married by license.
COURT. Q. What are you? A. A farrier—she would have had a home, but she went off on the Monday in the fly—it was quite unexpected by me—I thought she would return—I made inquiry where she was—this idea of the marriage is now gone off.
MR. PHILLIPS. Q. You found she had not 2l. a week? A. No; she had nothing—she said she was worth a great deal.
NOT GUILTY .
SPENCER SMITH . I live in Henrietta-street, Vinegar-ground, and am a lunge-maker. On the afternoon of the 26th of December, I heard a female crying out—I ran to her assistance, but before I could get to her, I was knocked down, and received several kicks—I was taken away by several females, and after I had been in some time, Mrs. Davenham came in and said she had saved the watch—I did not know I had lost it till she brought it in—it was my watch—I had it when I went out.
CHARLOTTE DAVEVHAM . I live in the same street as the witness—my husband is a brush-maker. On the 26th of December, in the afternoon, I saw the prisoner and his two brothers—they came up to me and knocked down two little children—I asked them why they were not more careful of knocking children down—the prisoner came up, and struck me immediately
—Mr. Smith came to my assistance, and they knocked him down—when he got up, one of the prisoner's brothers took the chain of his watch and twisted it round his finger—I ran over at the same time, and said if he meant that, he should not have it—I got it from him—I cannot say what the prisoner was doing at that time—he was behind somewhere—it was his second brother had the watch—the prisoner had joined in striking Smith two or three times before—I cannot say whether he did so then—he knocked me down first—it was not him who attempted to take the watch—he was close behind Smith.
ANN WARD . I am the wife of William Ward, of No. 8, Henrietta-street. I recollect hearing cries in that place—I followed my husband out, and saw Smith on the ground—the prisoner and his two brothers were kicking and ill-using him in a very dreadful manner—my husband interfered, and one of the brothers knocked me down, and the prisoner gave me a desperate kick in the eye.
CHARLOTTE SMITH . I am the wife of the prosecutor. I saw my husband ill-used on that occasien, and I was struck several times—my husband was very much ill-used, and kicked, and knocked down several times.
Prisoner's Defence. I am innocent—I went to assist my brother.
NOT GUILTY .
ESSEX LARCENIES, &c.
Second Jury, before Mr. Sergeant Arabin.
CHARLES SMITH . I live at Westham, in Essex. On the 19th of December, at half-past two o'clock in the afternoon, I saw both the prisoners close to the shop of Edward Stead—I watched, and law Smith go into the shop, take out a box, put it under his coat, and come out to Brown, who was waiting at the window—both went away together with the property into Grove-field—I went and apprehended them in the field—I saw them hiding the property by the side of the ditch, behind a post—they then came towards me, and I took them into custody—I went to the spot, and found the drum of figs.
Smith's Defence. If the officer saw me come out of the shop with them, why did he not take me?
Browns Defence. I know nothing of the transaction—I went to the field to ease myself.
SMITH— GUILTY . Aged 19.— Confined Three Months.
BROWN— GUILTY .* Aged 21.— Confined Six Months.
Third Jury, before Mr. Justice Bosanquet
460. JOHN GREEN and CAROLINE ALLEN were indicted for feloniously breaking and entering the dwelling-house of James Thomas Vallance, on the 23rd of December, at West Ham, Essex, and stealing therein 1 watch, value 15l.; 1 watch-chain, value 5l.; 1 watch-key, value 6s.; and 1 seal, value 6s.; his property.
JAKES THOMAS VALLANCE . I am a surgeon and apothecary, and live in the parish of West Ham, in Essex. I went out on Tuesday, the 23rd of December, about eleven o'clock, leaving a gold watch and chain, seal and key, and a mourning ring, on the table in the surgery, at the back of the shop—I returned home aboit a quarter to one o'clock, and was informed they had been stolen—the female prisoner was there in custody—I asked her who had given her the basket of lemons and oranges, which she had when taken—she stated that a man in black gave them to her to hold, and then ran away, and she had never seen the person before—while I was in converstion I was informed that the male prisoner was taken—I then went out, and saw him in the custody of the constable of West Ham—he was then taken to my house—I asked him what he had done with the property he had taken—he said, "What property?"—I then begged of him to state the truth, and tell me where he had placed what he had stolen—he was then searched, and 4s. found on him, but no portion of the property. I then went out of the room, and heard him in conversation with Mrs. Fenner, who was in the house when the property was stolen—she was endeavouring to persuade him to acknowledge where he had placed the property—I held him say, "If they would let me go I would tell where I put it"—on hearing which, I entered the room, and told him if he would tell me where he had peaced the property, I would do all I could that he might not be punished—he said he was afraid I would not keep my word, or he would show me—I then said, "Well then, you must take your course, I am no liar"—he then said if the handcuffs were taken off he would company me and one officer, and show us where he had Placed the property—I said, "Do so, and all that man can do for your discharge I will do"—he then accompanied us to the marshes, where he had been taken, and said he had plunged them, with his left hand, into the ditch, both the watch and the mourning ring—he was allowed to go into the ditch, and was searching about from one ditch to another for three hours, but we began to suppose he was merely losing time, and refused to remain any longer—he still swore he had placed it in the second ditch, and was then taken away in custody—I have not found any part of the property—the ditches have been searched.
Cross-examined by MR. CHAMBERS. Q. Where wer you when you overheard part of the conversation between Mrs. Fenner and Green? A. In the passage—the door of the room was open—I could distinctly hear any thing that was passing—Mrs. Fenner was telling him the dangerous situation he had placed himself in, from what he had done, and he had tears in his eyes, and looked very pitrful when I entered the room—she said if he would show where the property was, it would be much better for him, and she knew I would keep my word with him—I should think that was repeated more than once, but I might not have overhead every word, as Mr. Champion was conversing with me at the door, part of the time—when they were going up to my house, previous to his seeing Mrs. Fenner, he said, "What watch? I know nothing about it.
Q. Did not he, then, in your hearing, more than once say, while she was endeavouring to persuade him to go and look for it, that he knew nothing of the property? A. He did not use those very words, but he might have said something meaning that—he had offered to Mrs. Fenner in my hearing, before any persuasion, that he would show where it was, if he was let go—when he was feeling in the second ditch, it appeared as if he knew the property was not there—he then hesitated, and said it was at the ditch where a man on horseback overtook him, where the horse would not leap the ditch—a farmer had been in pursuit of him—he tried the second ditch first—I believe he had to go over four ditches before he was taken in the river Lea; according to the information I received—he was about twenty minutes searching the first ditch—the second ditch he went to first—we sent for the person who had pursued him on horseback—we were a full hour searching that ditch, I should think—I have had the ditches searched since, and the water thrown out—nothing has been found—I thought he had done it to afford time for others who were connected with him, to escape with it, for I was informed there were three others concerned with him.
MARY ANN FENNER . I lodge at Mr. Vallance's—I had charge of his house. On Tuesday, the 23rd of December, I was in the surgery—a gold watch, and gold chain, seals, and key, and a mourning-ring, laid on the table—I left the room about twenty-five minutes after twelve o'clock—I shut the surgery door, and went down into the kitchen, which is under the surgery—the outer door of the house was open—I was gone two minutes at the outside, when I thought I heard a footstep over my head, in the surgery—I directly came up and saw the prisoner Green leaving the front door, with a basket under his right arm, with oranges and lemons in it—I thought it appeared very strange, his leaving a house without either knocking or ringing—I went and looked into the shop, and then saw the surgery-door open, which I had shut when I went down—there is another door leading to the kitchen stairs, which was likewise shut—seeing the surgery-door open, I directly missed the watch and rings—I then followed as quick as possible, and saw Green give the basket to Allen, who turned her head and saw me coming—she said something to Green, what I cannot say, and then Green ran—I directly went up to Allen and asked where the man was who gave her the basket, and what he ran for—she said she did not know, she never saw the man before in her life—I cried, "Stop thief"—I took hold of Allen, brought her into the shop with me, and sent for an officer—she still declared she had never seen the man before, and that she had not broken her fast—it was then half-past twelve o'clock—I took the basket from her hand in the street, and placed it in the shop till the constable came—the constable wished me to search her—I did so, and found a half-crown, some halfpence, and the key of a door in her pocket—I then asked her how she could say she had no means to break her fast, when she had money in her pocket—she had said she had no means to break her fast—I asked her what brought her to West Ham—she told me, to look for shoe-binding, which she had inquired for at one shop, as she said—John Green was brought back about half-past one o'clock, to Mr. Val-lance's shop—he was then nearly up to his shoulders in mud, from the ditches he had been jumping in—I then asked him how he came to take the property—he appeared to be very confused, and said, "What property?"—I told him the watch and ring which he had taken from Mr. Vallance's surgery—he ihcn burst into tears, and said, "If I tell, Mr. Vallance will prosecute me"—I said, "You had better tell what you have done with
them"—he then said, "If these handcuffs are taken off, I will tell"—I then said, "Who will you show where you have put the property?—I held out no threat to him, nor tell him he should be liberated, for I could not tell him so—he then said he took the watch from his left hand pocket, and the mourning-ring, and plunged them into the water, in the second ditch, half-way up his arm, and that the ditch was very weedy and muddy.
Cross-examined by MR. PAYNE. Q. How far from the shop door was it that you saw Green band the basket to Allen? A. About six doors from our gate; my eye was scarcely off him—I should think it might be two minutes after he left the shop—he ran in consequence oi something she said, as I suppose—she turned round, looked me full in the face, said something to Green, and he ran directly—she took the basket, and tried to hide it under a child she had in her arms—she tried to put the child on the basket—I should not think that was the most convenient way of holding it—it is a flap basket—she had the child on her left arm, and put it under the child with her right, and nearly let it fall—I lost sight of the man in turning the comer by the workhouse—I pasted her, but did not follow the man, because I returned to the bouse—I looked into the basket, and then passed her; turned back directly, and took her back—she had no opportunity of going away—she could not get away from me with a child and a basket in her arms—I did not say," Come with me to our house"—I took hold of her left shoulder, and took the basket in my right hand—I told her to come home with me, and sent for an officer, who was at our house in less than five minutes—she told me she had not broken her fast—she said she had not broken her fast that blessed day, and had no means to do so—I told the magistrate those words.
Cross-examined by MR. CHAMBERS. Q. Where were you when you came out of the room? A. I was under tfie surgery when I heard the noise—our passage is not very large—I saw the person's back—he walked away quietly—when I saw him give her the basket, he was about half a dozen yards off—I was then in the street—his back was still towards me—he ran away directly the woman spoke to him—that was about half-past twelve, as near as can be—it was nearly an hour between that time and when Green was brought to me, and his clothes were all over mud—he was taken into the shop—the conversation that I had with him took place in the shop—Mr. Vallance was in the passage adjoining the shop—I asked him once how he came to take the property—he said, "What property? what watch?"—I said, "You know you took it"—he then burst into tears, and said, "If I tell, Mr. Vallance will prosecute me"—I am sure I did not more than once ask him to tell—I am quite sure I did not ask him to go and search more than once—I did not threaten him—I should think he was kept in the house a quarter of an hour or twenty minutes before he was taken away to search for the watch—I have not said Green was not the man—I said he was the man when he was first brought—although he was disguised in mud, I knew him again—I had the person who left the house about two minutes in view—I was confused at the property being stolen—I did not feel confused further than to want the man stopped—I was not hurrying after him—I walked—when I saw the basket given, I noticed both the man and the woman, but I saw the man before I saw the woman—he was walking from the door.
COURT. Q. How near was he to the door when you first saw him?
A. Just turning out of it—I went back and looked, and missed it—I then went out, and saw him give the basket to the woman.
WILLIAM STEVENSON . I live with Mr. Ducket, a baker, about six doors from Mr. Vallance's. On this Tuesday I saw both the prisoners in company together, and in conversation, before they came to Mr. Vallance's house—they were just by the railing, three or four yards from the house, walking along—I saw Green go into Mr. Vallance's house, and the young woman pass on—Green had a basket in his hand, and the young woman a child in her arms—she passed on about twenty yards, and stopped in the middle of the road—Green came out of Mr. Vallance's in a very hurried manner—the young woman then followed him—he passed her when hje came out—she was standing looking over the church wall—before she followed him, he turned round and gave her a kind of a beckon to follow him, and she did—he then gave her the basket, and ran away as fast as he could—Mrs. Fenner immediately came hurrying out at the door, and I heard the watch was lost—I immediately gave pursuit after him—a young man joined me in the pursuit soon after, and two or three more, as he went across the marshes—he ran about two miles across the marshes, and we took him in the river Lea—I asked him if he had got the watch—he said "No"—the mob collected round him and asked him several questions—I asked him no more till we got a mile on the road—I then asked him if the watch was in the mud where he was taken from—he said, "If you think it is, you had better go back and look"—the constable took him away.
Cross-examined by MR. PAYNE. Q. Where were you when you saw them together? A. Opposite Mr. Vallance's house, out on my business—I had just been taking some dough out, and was returning home—it was about six doors from Mr. Vallance's that I saw the basket given—it was opposite our shop—I saw them together about four yards before they got to Mr. Vallance's gate—that was the first of my noticing them—the man went into the shop directly after—when the man came out, he shook his head—I could understand he meant her to follow him—I am sure he beckoned to her—Mr. Vallance's shop door was open—there is a passage first, and then the shop door—he ran away directly he gave her the basket.
Cross-examined by MR. CHAMBERS. Q. Mr. Vallance's door stands open? A. The first door does—I kept sight of the man almost all the way, except when he turned the corner—I only lost sight of him in turning one corner—he turned two corners—George Parkins, a butcher, joined me in the pursuit—I had him in sight half an hour before he was taken—his back was not towards me all the time.
COURT. Q. Was there more than one person running before you? A. No, we were all running in different directions, as we were on each side of him—only one person was running from us, and I kept him in sight, except when he turned the corner from the house; and when I got round that corner, there was nobody else in the lane.
JOHN ELSTON . I am a constable. On this Tuesday I saw both the prisoners at Plaistow, about a mile from Mr. Vallance's—the woman was between four and five yards behind the man—they were walking in the same direction—I saw them for, perhaps, two minutes, not more—I did not see them speak together—they went on—the man had a basket—this was near twelve o'clock, perhaps a quarter or twenty minutes before twelve o'clock—they were going towards West Ham.
Cross-examined by MR. PAYNE. Q. They did not speak to one an
other? A. No, they were going together—they were following in the same track.
Cross-examined by MR. CHAMBERS. Q. Are you sure they are the same persons? A. Yes, I took particular notice of them.
EMMA KITCHENER . I live with my parents, at Plaistow. On the Tuesday of the robbery I saw the prisoners in Plaistow, walking together—I saw them speaking to one another, and walking on till they came to a gate, and then the man went into the gate—it was the gate of a field leading to a cottage—he told the woman to go on sharpish, and he would overtake her, and she did—she came to a stile, and then she asked me what it was o'clock—I told her almost twelve—she said, "Is it not gone twelve?"—I said, "No"—she said, "It is a fine day"—I said, "Yes," and she sat on the stile—I left her there—that was about a quarter of a mile from the gate.
Cross-examined by MR. PAYNE. Q. Where were you? A. Going with my brother's dinner—I did not see Elston—I saw them first together by the Black Lion, at Plaistow—they went on together about twenty yards—I know Elston—I have not had any conversation with him about this—I live in Balaam-street, Plaistow—my father is a plate printer—I was before them—I did not take so much notice of the man—I will swear he is the man—he had a pocked face and brown coat.
DANIEL GEE . I live with my father, at West Ham—I know the nature of an oath. On the Tuesday, when Mr. Vallance's house was robbed, I was at Mr. Smart's corner, about twenty yards from Mr. Vallance's house—I saw the male prisoner run past the corner—he had a watch in his hand—the chain hung down out of his hand—it was a yellow metal watch—I could see it.
Cross-examined by MR. CHAMBERS. Q. How long had you him in sight? A. I only saw him turn the corner—I was by the side of him, crossing the road—I saw him for three or four seconds.
CHARLES SMITH . I am a constable. I took the prisoner Allen into custody—I asked her what Mrs. Fenner had brought her there for—she said some man had been stealing a watch, and she was brought there on suspicion of being with him—that the man ran to her, and gave her a basket, but she had never seen the man before in her life—she had a young child with her—I said, "It is not very likely, having a young child, that you would carry a man's baket, if you knew nothing of him"—she said, so help her God, she never saw him before in her life—I asked her where she came from—she said, from London; and as she was a poor unfortunate girl, her father and her had had a few words, and she came to look for some shoe-binding, and she had not broken her fast for two days—the man was afterward, brought to Mr. Vallance's house, and Mrs. Fenner identified him—they asked him what he had done with the property—he said if we would take off the handcuffs, so help him God, he would show us where the property was—that it was either in the first ditch or the second—I said it did not rest with me—Mr. Vallance said he would try all he could to ease him in the punishment—he said, in the first instance, that he was not the man—we accompanied him to the marshes, but did not find any thing.
Cross-examined by MR. PAYNE. Q. She told you she had not broken her fast for two days? A. She told me so—Mrs. Fenner was in the shop when I had the convenation with Allen.
Cross-examined by MR. CHAMBERS. Q. Where were you when Green
said, if the handcuffs were taken off, he would go and show where the property was? A. In the shop—Mrs. Fenner was there—I stayed there the whole time she and he were in conversation—I never left the place—he said this without any suggestion from any body; and said he was in such a fright, he could not tell what ditch it was in, but it was in the first or second—Mrs. Fenner said if he would tell her, she would do all she could towards easing his punishment, or something to that effect.
Green's Defence. I know nothing at all about it—they are swearing quite false—Mrs. Fenner at first said she would give me half-a-sovereign if I told her where it was—they were at me nearly an hour and a half, in the shop, to tell—I said I knew nothing about it, but at last I said, "Take the handcuffs off, and if you will let me go, I will go and show you"—I was forced to do it, or they would not take the handcuffs off—they kept me out until nine o'clock, and kept giving me liquor in the public-house.
Allen's Defence. When the man was brought into the shop, they asked if that was him—I said I did not know, for all I knew him by was a black coat and handkerchief—a man came in, and said the doctor says, "Let the woman go, I do not see what she has to do with it"—Smith said, "Oh yes, we can get people to say any thing."
(Henry Tyler, coal-dealer, Kingsland-road; and James Harris, Nelson-street, Shoreditch, gave the prisoner Allen a good character.)
GREEN— GUILTY . Aged 21.— Transported for Life.
ALLEN— NOT GUILTY .
KENT LARCENIES, &c.
First Jury, before Mr. Common Sergeant.
461. THOMAS WILSON was indicted for stealing, on the 29th of December, 1 piece of silk handkerchief, containing 12 handkerchiefs, value 30s.; and 1 handkerchief, value 8s.; the goods of Thomas Wilkins Kershaw; to which indictment he pleaded
GUILTY .— Transported for Seven Years.
Sixth Jury, before Mr. Common Sergeant.
462. ELLEN DUNN and ELIZABETH PENNY were indicted for stealing, on the 25th of December, 1 watch, value 2l.; and 1 watch-key, value 1d.; the goods of John Sinclair, from his person; and RICHARD WHITEHEAD was indicted for receiving the same, well knowing the same to have been stolen, against the Statute, &c.
2nd COUNT, charged Richard Whitehead with receiving the same from an evil-disposed person.
JOHN SINCLAIR . I am mate of the Ebenezer collier of Sunderland. I went to a public-house in Staple's-gardens, Greenwich, on the night of the 25th of December—I sat down there with the two female prisoners—one of them asked me what time it was—I took out my watch and told them—I put it into my pocket again—it was then ten minutes before ten o'clock, or ten minutes after ten o'clock—we had drank three pints of ale together—I was rather touched but not intoxicated—in about ten minutes I arose up, and went to the bar—I then put my hand to my fob—the watch was gone—no person had been near me from the time I took the watch out till I missed it, but the prisoners—there was a man on the opposite side of the table, whom they called the fiddler, but he could not have taken my watch—it
was a silver watch—this is it—I can swear to it—when I got to the bar, and missed my watch, the prisoners were gone, but they could not have been gone many seconds—I went to the door, and got an officer, and we went to their lodging—we took Penny—the officer took her to the station-house, and went back and took Dunn in bed—the person at the station-house asked me in their presence if I could swear which of them had got my watch—I said that there were no persons near me, but them, and Penny sat nearest to me.
JOHN BRADSHAW (police-constable R 126.) I went with the prosecutor to Dunn's house, at Woolwich—I asked her if she knew any thing about a watch—she said "No"—I said she was my prisoner, and I took her to Greenwich—I afterwards went to Mrs. Hoath's, a pawnbroker, in Powis-street, Woolwich—I found this watch there, and from information I went to Whitehead, on the Monday after Christmas-day—I asked if he knew any thing about a watch—he said he did not—I said he was my prisoner, and he must go to Greenwich—on the road, I asked him where he spent the Christmas-day—he said at Woolwich, till half-past eleven o'clock at night, when he went to Greenwich, and he did not get there till a quarter before twelve, or twelve o'clock—that he slept there the remainder of the night, and went to Woolwich the next morning—I asked him if he went with any body—he said, "No," and he did not see why he was to answer me any more questions.
Cross-examined by MR. PAYNE. Q. Do you always ask questions of people? A. Generally; not always—I found him at his mother's—I saw his sister at the door—she said he was at home—there was no attempt at concealment—he went without resistance—he said he knew nothing about the watch.
ROBERT THORNBELL . I am in the employ of Mrs. Hoath, a pawnbroker, at Woolwich. This watch was pawned with us between five and six o'clock in the evening of the 26th of December, by the prisoner Whitehead, in the name of Brown—I am quite sure of his person—I asked him if it belonged to him—he said, "Yes"—he asked 12s. for it—I offered him 10s., and he took it.
Cross-examined. Q. You say it was pawned between five and six o'clock? A. Yes; I did not know him before—he was not in the shop above five minutes—our candles were lighted—there were no other persons in the shop, to the best of my recollection, but I cannot swear whether there was or not—I can swear he is the person who pawned it—I described him to the policeman—I said he had a beaver hat on—I do not know how far our house is from the Prince of Wales—I do not know that house.
Penny. He is taking a very false oath—he came up to me and said I was his prisoner—I said I was quite willing to go—he told me what it was for. Witness. No—I am certain she said it was for the watch.
ELEANOR TOOMEY . I am the wife of a collegeman, of Greenwich. I went to bed at seven o'clock on Christmas night—in the night Dunn, who lodged in the same house, came and rapped at my door—I asked who it was—she said, "It is me"—I let her in, and she put a watch on the corner of my table, which was like this—she went out, and I got into bed again—in about five minutes Dunn came again, and rapped at the door—I let her in—she had a candle in her hand—she took the watch and went
away, and I went to bed again—I afterwards saw a light on the stairs—I do not know what time in the night Dunn came.
Dunn's Defence. I am quite innocent.
Penny's Defence. I am quite innocent.
Whitehead's Defence. I am quite innocent.
WILLIAM PRING . I have known the prisoner Whitehead ever since he was a boy—I know nothing against him—he was on board the Winehester with me, and served under Captain Sparshatt—the ship's company was reduced forty hands, which was the reason we were discharged—on Christmas-day I was with him at the Prince of Wales at Woolwich, and I west home with him to his own door, about half-past eleven or twelve o'clock—he had a glazed hat on—it was not a beaver—I have not seen him for weeks with any other but a glazed hat—I saw him the day after, and he then bad a glazed hat on.
COURT to ROBERT THORNBELL. Q. This man came to you between five and six o'clock? A. Yes; I have not the slightest doubt that he is the man who pawned the watch, and he had a beaver hat on.
MR. PAYNE. Q. You say he was only there about five minutes, and part of that time were you not making out the duplicate, and examining the watch? A. Yes—but I am quite certain he is the man, and directly he was brought before the magistrate, I said, "That is the very man that I took the watch in of," and he was taken from the description I gave—he had a sailor's dress on, and a beaver hat—we have some sailors come to our shop, but not many.
JOSEPH HICK . I am a fishmonger, and live in High-street, Woolwich, I have known Whitehead eight or nine years—I never knew any thing wrong of him—he had a straw hat on on Christmas-day, with a glazed cover over it.
----WHITEHEAD. I am the prisoner's mother—he has worn nothing but a glazed hat since a fortnight before Christmas.
DUNN— GUILTY . Aged 22.
PENNY— GUILTY . Aged 19.
WHITEHEAD— GUILTY . Aged 24.
Confined One Year .
Before Mr. Common Sergeant.
The prosecutor did not appear.
NOT GUILTY .
Before Mr. Common Sergeant.
464. WILLIAM MURRAY, Senior, and WILLIAM MURRAY , Junior, were indicted for stealing, on the 18th of December, 1 salt bin, value 10s.; 2 shop counters, value 1l.; 4 shelves, value 4s.; 4 pieces of timber, value 4s.; and 4 boards, value 4s.; the goods of Thomas Stevens Burt, and fixed to a building.—2nd COUNT, for a simple Larceny.
MR. PAYNE conducted the Prosecution.
THOMAS STEVENS BURT . I am a brewer, and live at Woolwich. I let a house to the younger prisoner—when they took the house, after having signed the agreement, I stated to them that there were fixtures belonging to the house, which were scheduled to me in my lease, which I
was bound to deliver up—some were fixed, and some were in a room, the person who had the premises, having taken them down and deposited them there for safety—I went with the two prisoners and showed them these things—I said they were not to be taken down, but they might have them fox use—the salt-bin and the counters were down when they were let, but were fixed afterwards—there were four shelves; some were fixed and some were not—the four pieces of timber were not fixed; they were part of a recess—I went to the house on the 4th of December, having had information that they were in debt, and were about to remove—I demanded the rent due on Michaelmas-day—they said they would pay me is three quarters of an hour—I said I should not wait—I went to take proceedings to seize their goods, and during the time I was gone into the town, one of the persons in the neighbourhood stood at the door and watched them—when I returned, I was told something—I then went to ascertain where some property was gone which I heard had been removed—I found three boxes at a beer retailer's, called The North Pole—I desired the landlady to detain them, which she did, till the Monday morning, when I put in a distress warrant—on the Saturday following they paid the quarter's rent due at Michaelmas-day, 7l. 17s. 6d., and redeemed the boxes—on the 17th a person of the name of Bowles, a broker, came and gave me some information—on the 18th I went to the house at eleven o'clock, and saw an errand-cart, with the name of "James Rogers" on it, standing at the door—the carrier was on the fore part of the cart, the elder prisoner was outside the door, and the younger prisoner was handing out boards, shelves, and different things to the elder prisoner, and he to the carrier on the cart, and he was packing them into the cart—I looked into the cart and saw a part of the salt-bin, and some shelves and fixtures—I had a constable there, and I ordered him to take it out, which he did—I had previously stated to the prisoners that they had got part of the property out of the premises which had been scheduled to me in my lease—they denied it—I have no donbt that this is a part of the property which I had let to them—they were taken to the magistrate, and ordered to be kept in custody till the following day, and they were taken to the cage—the constable demanded the key of the house from them, which they refused, and the elder prisoner said, "If you take it from my son, it will be a robbery"—the constable took the key and this book from the son, during which time the elder prisoner was fumbling about his pockets—he took out this book, took two leaves out, and began to tear them up, but the constable prevented him—I took up these bits of paper from the ground.
Cross-examined by MR. DOANE. Q. These premises were yours? A. Yes; I had a lease of them—Mr. Tucker is my landlord—I let the house to the prisoners for three years—they took possession of it at Midsummer-day, and entered in July—I had no quarrel with the prisoners—I seized three boxes at the North Pole—there was no dispute on their part about the rent being due—they did not object to the seising of their boxes—I had no communication with them—I live a quarter of a mile from the house they lived in—they dealt in a general way—one of them sold beer—they had some of me—they brought some ale from London—I was neither pleased nor displeased at it—I do not know that they bought a single barrel of ale of any body but me: except the Scotch ale they brought from London—it was about eleven o'clock in the morning that I saw the cart at the door—every body could see what they did—they distinctly denied there being any fixtures, or any thing of mine, in the cart.
Q. Did not the young one say, "If there is any thing here of yours, take it?" A. After I gave them in charge, one of them, I believe, did—I know the elder prisoner has a daughter—I met her in the street the day the prisoners were committed—I said, "Miss Murray, I am very sorry your father is committed"—I asked her if her name was Murray; and she said, "Yes"—I did not say I would transport her father and brothers for lite—I did not call her by any ill name.
Q. Did you say to her, "You little b—h," or, "You little Scotch b—h, I will transport your father and brother for life?" A. I tell you most emphatically, I would not suffer such a word to come out of my mouth—I did not say it—after the prisoners were in custody, I went with the constable to the cage—I was in the presence of them and the watchman three times—I went to see that they were in safe custody, and to look for the pieces of paper which had been torn up by tke elder prisoner—I found some the second time, and the third time I found some more—they had been trodden about on the ground, as the paper will show.
Q. Before you let these premises to the prisoners, where were these fixtures? A. In the shop, and in the room up stairs—some of the shelves were fixed—I saw part of the salt bin in the cart; part is on the premises now—I can identify it—this is the top and part of the sides; the other part is on the premises—it is leaded about one foot up—this is one of the shelves that was fixed—it is bevilled off to go round the window of the shop—I cannot tell where this piece had been—I do not think it is a common bit of wood—this circular piece fits the circle of the window—they were not loose about the shop—I cannot tell whether they were nailed to the window-frame; but they were in the window—they are worth about 12s. as they now are.
Q. When you saw them with this cart, did you not tell them they were Scotch swindlers; that you had got them by the grip, and you would serve them out? A. Yes, I did, more than once or twice—I never said what you stated, to the daughter—I am the sole landlord of the house, and have no partner.
MR. PAYNE. Q. When you said they were Scotch swindlers, did you do so from information? A. Yes; I had heard from different tradesmen that they bad got property and not paid for it—it was from inquiry that I said so—this card wasin one of the books: (reads) "For New York, to sail on the 1st of February, the ship Montreal"—I found written on one leaf, "bottled porter and bottled stout on board the Montreal; one barrel of tallow, and other goods," which were going to America—I have ascertained they have got these goods of people, and not paid for them.
EVAN GRIFFITHS . I am a timber-dealer at Woolwich. On the 18th of December, I went to the house in Coleman-street which the prisoners occupied, to get some money which they owed me—they commenced a volley of abuse on me—a cart was at the door—the younger prisoner was carrying out some things to the cart, and the elder one was taking these shelves down from the shop window—they then commenced with the counter, and kept on abusing me—I left the house, and went back to my own yard—I saw some timber in the cart which belonged to me—they were in Rogers's cart, who is the carrier to London.
Cross-examined. Q. Did the shelves appear nailed? A. Yes; they were nailed, I am quite positive—I saw one prisoner force them away; the other put them in the cart.
WILLIAM ROWLES . I am a dealer in fixtures at Woolwich. On the 17th of December, both the prisoners came to me, and wanted me to purchase these articles—I looked at them, and agreed to have them—they said they could not wait; if I would give them the money, they would give me the key to get the things—I then said I would have nothing to do with them, and told Mr. Burt.
MR. DOANE to MR. BURT. Q. Can you tell whether or not these shelves were in the window? A. There were shelves in the window, and I believe these are part of them—they correspond with the joints, and the paint, and the window—I can swear there were shelves in the window—I believe there are some there now.
Witness for the Defence.
MARGARET MURRAY . I am the daughter of the elder prisoner. I met the prosecutor at the top of Old-street, the day after my father was committed—he said, "Well, my girl, do you know that that old man and that young man are returned for felony, and they will be transported to-morrow morning?"—he said he would do so to me, about a bonnet, and he called me a b—h—that I swear—I recollect a salt-bin on the premises, and I saw it there last Wednesday.
MR. PAYNE. Q. Did you live with your father? A. No, with my brother—they did not live together, but carried on business together—I do not know any of their transactions in business—my brother had business with America—I lived with my brother on the premises, in Coleman-street—I lived with my brother in London before that—he was not in business before; we had some money which belonged to the family—the prosecutor spoke about a bonnet that I was going to take—I gave goods for it, and after that the man would not take the goods—he came and took the bonnet, and kept the goods and bonnet too.
WILLIAM MURRAY, Sen.— GUILTY . Aged 42.
WILLIAM MURRAY, Jun.— GUILTY . Aged 22.
Transported for Seven Years.
Before Mr. Sergeant Arabin.
465. WILLIAM GLOAG was indicted for stealing, on the 18th of August, at Woolwich, in Kent, 5 Bank-notes, for payment, and value £10 each; 10 Bank-notes, for payment, and value 5 each; 5 promissory-notes, for payment, and value £10 each; 10 promissory-notes, for payment, and value £5 each; 30 sovereigns, 20 half-sovereigns, 4 crowns, 8 half-crowns, 20 shillings, 12 sixpences, 3 pence, 2 halfpence, and 2 farthings; the property and monies of William Caffin, Hugh Fraser, Clerk, Olinthus Gregory, Doctor of Civil Law, William Stace, Samuel Watson, Clerk, Doctor in Divinity, and Sir John Webb, Knt.—2nd Count like first, only stating the owners of the property to be Trustees of the Woolwich and Plumpstead Savings' Bank.—3rd COUNT, stating the property to belong to William Caffin and others.—4th COUNT, stating the property to belong to William Caffin and others, Trustees of the Woolwich and Plumpstead Savings' Bank; to which he pleaded
GUILTY . Aged 32.— Transported for Seven Years.
SURREY LARCENIES, &c.
(See page 369.)
First Jury, before Mr. Recorder.
467. JOHN PITTOCK was indicted for stealing, on the 16th of August, at St. Mary, Newington, 50 sovereigns, 12 half-sovereigns, 2 crowns, 8 half-crowns, 25 shillings, 10 sixpences; 1 watch guard, value 10s.; 1 piece of parchment, value 1s.; 1 piece of paper, value 2d.; and 1 snuff-box, value 30s.; and 1 £5 Bank-note, the goods and monies of John Pryse, in his dwelling-house.
MR. CLARKSON conducted the Prosecution.
JOHN PRYSE . I am an oil and colourman, and carry on business at No. 37, Crosby-row, Walworth-road, in the parish of Newington. I have known the prisoner seven or eight years, and always treated him like a brother—he has been at my house for two months at a time—on the 16th of August he had been staying at my house for some days—we went together to Brentford on the 15th, and returned home together—he slept that night in my first floor room—it was on Friday—on Saturday morning, the 16th, my breakfast was brought into my bed-room by the prisoner—he said, "Are you going to get up?"—I said, "No; I shall not get up yet"—he said nothing about leaving at all—not at any time—I did not see him again till the 9th of December, when he was in custody—I found about half-past twelve o'clock that morning that my cash-box and its contents were gone—I went to his brother-in-law after him, and gave notice, offering a reward of 5l. in the Hue and Cry—on Monday, the 18th, I received a paper parcel by the Woolwich carrier—this is the parcel, it is in the same condition as when I received it—when I last saw my cash-box, the lease of my house was in it, also this policy, and these letters, which are in the parcel, delivered to me by the carrier—there was an address on the parcel, as also on a second white cover, which it has—I have often seen the prisoner write, and have a great deal of his writing—I have seen him write frequently—I believe the address on the white paper to be the prisoner's writing—it has the appearance of it—the writing on the brown paper is similar to the writing on the white—I believe that is in the prisoner's handwriting—when we were at Brentford that day, the prisoner mentioned that he was in great difficulties, and was indebted to the landlady 8l. or 9l., and he must go and pledge, to "raise the wind."
Cross-examined by MR. PHILLIPS. Q. Was any body present at that conversation? A. Nobody—I told his brother-in-law's partner, named Penrice, that he had a sovereign—I said he had changed a sovereign a day or two before—I think the writing is his, from comparing it with some in the book, which I have, and from seeing so much writing of his—from seeing so much in the book like it, from comparing it with the book—that is the reason I believe it to be his handwriting—I never said I had lost two £10 notes in the box—I never said so to Penrice, or to any body—the prisoner surrendered himself up on this charge—I did not see the box at all that morning—I got up about twelve o'clock, and missed it about half-past twelve o'clock—my mother first missed it—I had not seen it for several days before—only two persons slept in the house besides the prisoner—my family consisted of my mother and myself, the porter and shop-boy—I have no partner—I do not know what money was in the box—I am a married man—my wife was not in the house—she had left a week—she was gone home—her home was my home, but she went to her aunt's a week before—she has not returned—I did not know of her going—she left me without giving me notice, in consequence of my going out with the prisoner on the Sunday previous
—I have seen her since—she is very ill in the country—she was vexed with me for going to spend the evening with the prisoner, and left—the left on the Sunday previous to the 16th—we had words about my going out with the prisoner—I said I would go out—she said if I did, she should be very much offended, if I went out and spent the evening with him—I did not expect she would leave—she took her things away with her—she did not tell me what she took away—my wife had no quarrel with the prisoner—she never approved of his conduct, he being a wild rackety young man, and I being a married man—he had no quarrel with my wife—I have frequently been out with him to the theatres and other places—he used to pay for himself; and we went to taverns—we supped and drank together there: he paying his share of the bill, and I mine—there was no one present when he told me he wanted money.
Q. Did it not strike you to say, "How can you afford this, going to the theatre, tavern, and other places, with me? A. No, I stated that whomever he wanted money, he should have it—I hate lent him money—I lent him 2s. 6d. at that visit—I have not been night after night to the theatres with him—I have been twice to the theatres with him, and perhaps a dozen times to public-houses—he went and pledged, to get money—he told me so, though I offered to lend him money—I did not go with him to pledge—he never told me how much he pawned—I did not encourage him to go to public-houses—I went with him, and sat with him—we did not sit much, we generally were walking about for pleasure, but merely took a glass and went away—we drank sometimes gin, and sometimes brandy—I did not know he was going away—I swear that—he had nothing at my house except while he staid there, and he had been at my warehouse several days, but he went home during that time, to change his linen—he staid about two hours the last time he went—he slept in my house the whole of that week—I have been out with him as late as-twelve o'clock at a public-house, it might be one o'clock, or between twelve and one—I will not swear we have not been out till between one and two o'clock.
MR. CLARKSON. Q. You have been asked if you judge of his handwriting by comparing what writing you have of his in that book, and the papers—have you seen him write? A. Yes, I do not form my judgment alone from comparison, but from seeing him write—he took stock for me last August—my mother had the cash-box after my wife left—I had a very good opinion of the prisoner—I would have left my money untold on my table before him.
MARY PEYSE . I am the prosecutor's mother, and was living with him. The prisoner had been staying with him some time—on the 15th of August I took the cash-box out of the cupboard, up to bed: I counted the money—there was 56l. in gold, one £5 note, and 3l. in silver—I placed the box under my pillow—I found it there when I awoke in the morning, took it down, placed it in the cupboard, and shut the door—I afterwards opened it to change a sovereign—I am positive the money was the same in amount as it was before—I breakfasted at half-past eight o'clock, or between that and nine—there is a glass door between the parlour and the shop—the breakfast things had been removed—I saw the prisoner come down about half-past nine o'clock—I left hit breakfast for him—I was in the shop—the shop door was open as usual, and things at the door—I did not observe whether the glass door was closed—I did not go to the cupboard where the cash-box was, after giving the change of the sovereign, till about twelve o'clock—I knew the prisoner was gone then, for I missed him about eleven o'clock—if he had gone out of the front door,
he must have gone through the shop—there is a side door, and when I went into the parlour about twelve o'clock, I found it half-open—I had left the key in the cupboard, but the door was closed—I had the key of the cash-box in my pocket—the cash-box was then gone.
Cross-examined by MR. CHAMBERS. Q. Before your son's wife left the house, who used to keep the cash? A. I mostly did—my daughter-in-law very seldom did—I cannot say what was in the cash-box when she left, but on the Saturday before there was 45l. in it—the cupboard was the place where it was always deposited—I did not know she was going—I was out at the time—I had the money in my possession when she left the house—we lock the cupboard and take the key out on Sundays—we go out by the side door on Sundays, because the shop door is locked—the side door opens into the street, and you have only to cross a very narrow passage or small lobby to get to the parlour—I found both the doors open when the money was lost—the side door could not be opened from the outside—a person might walk in from the street if it was left open—on most mornings the prisoner went out and came back to dinner, and then he used to go through the shop—he had no business to do—no part of this money was mine—I have no share in the profits, nor has any one but my son—the £5 note had been in the cash-box for a week—I changed it for a tradesman who is not here—he marked it before he brought it to me, not on the back, but in the flourish of the 5l., in a very particular manner—I cannot say whether there were any marks on the back—I did not examine it—then was no £10 note lost.
MR. CLARKSON. Q. Did the prisoner know that the box was usually placed in the cupboard? A. Yes—it would be very easy for any person inside the house to open the side door and get out—the prisoner usually passed through the shop, but it was easier for him to go out at the side door—I cannot tell whether he would have been seen by any body—there was no one in the lobby—he would have been seen by the shopman if he had gone through the shop—there is no handle outside the side door—nothing but the knocker—I found it open—it had not been open above five minutes—Mr. Frost told me it was open.
JURY. Q. Was the prisoner in the habit of taking a formal leave when he went away? A. He always took his leave of us, when he was going to leave for a good bit, but not when he was going out for an hour—he invariably went through the shop.
COURT. Q. Did you ever find the side door had been opened before? A. No; I never knew the prisoner go out that way.
JAMES COOK . On the morning of the 16th of August, about ten minutes before ten o'clock, I was grinding pepper at a mill in Mr. Pryse's shop, which is about half a yard from the glass door which leads into the parlour—I cannot see from the mill through the glass to the side door—the parlour door was open, but I could not see into the parlour—I saw the prisoner who was inside the parlour shut that door—I left the mill, to go for some sand, and from there I could see into the parlour, and see the cupboard as I stooped down—I saw the prisoner standing at the cupboard, and the cupboard door was open—I could not see what he was doing—that was about ten o'clock.
Cross-examined by MR. PHILLIPS. Q. Did you ever see him after ten o'clock? A. No; I did not see his breakfast there—there was no blind to the door, but a curtain which I could see through—it is a short, white curtain—there is a window in the parlour—I was about three yards from the parlour door—I did not see Mrs. Pryse coming down stairs—I
staid in the shop till twelve o'clock—I do not know that the prisoner did not leave the house till near twelve o'clock—I cannot tell who I left in the sbop when I went away—there was some one—I think I left the shopman—I did not see him there—I left the shop door open—I had seen the shopman in the shop about half an hour before I left it—I had not noticed any other person—I came to the shop that morning about seven o'clock—I went there to work that week—I left when it was my dinner time, leaving the shop door open—a person could go through the shop into the parlour.
JOHN HUISH . In August last I was shopman to the prosecutor. On Saturday morning, the 16th of August, about half-past eight o'clock, I applied to Mrs. Pryse for change for a sovereign—the was then in the parlour, and she gave me the change from the cash-box, which she took out of the cupboard—I saw her put it into the cupboard again—I was in the shop the whole of the morning afterwards—I did not observe any thing happen is the parlour between nine and ten o'clock—I saw the prisoner there, and I saw him come and shut the glass door about ten o'clock—that is sometimes shut when they are at breakfast—I did not see the prisoner again till he was in custody—if any person had passed through the shop, and gone into the parlour that morning, I must have seen them—no one did, up to twelve o'clock—Cook was there, and I remember his grinding pepper—I do not know the time he left—I was in the shop at the time he left—the shop door is always open—there was no way for the prisoner to leave the parlour, without coming through the shop, but at the side door—Mrs. Pryse was there and myself, and customers came in the course of the morning—none of them went into the parlour.
Cross-examined by MR. PHILLIPS. Q. Who was in the shop at the time the prisoner shut that door? A. Mrs. Pryse and myself—she came down about eight o'clock—her breakfast was over a little after eight o'clock—she was then engaged between the shop and parlour—I am sure she was in the shop when the prisoner shut the door—Cook was there selling some sand at the time, very near that door, and customers were in the shop—Cook went about one o'clock—the prisoner did not breakfast with my mistress—I saw the prisoner come down—I did not see him have his breakfast—I always used to see him when he went away—I do not think he ever left the house without my seeing him, but I would not swear it—no persons leave the house by the side door, in the daytime, but they do at night—there was no maid-servant in the house—it was a tin cash-box.
ROBERT CROSS . I live at No. 11, East-lane, Was worth, and am a carver and gilder. I know the prosecutor, and I know the prisoner very well, by seeing him backwards and forwards at Mr. Pryse's shop—on the morning of the 16th of August, about ten o'clock, I went to Mr. Pryse's shop to purchase some colour, and I saw the prisoner through the glass door which leads into the parlour—he was standing up before a looking-glass, which is not above three or four inches from the cupboard—when I was served, I was going home to fetch some brushes and go to work, and as I was returning up East-lane to go home, I saw Mr. Pryse's private door open—I did not see who opened it, but I went back to the shop and told Mrs. Pryse what I had seen—I did not stop a minute—it was not more than five minutes from the time I saw the prisoner in the parlour, till I saw the door open.
Cross-examined by MR. CHAMBERS. Q. Who was in the shop at the time
you were purchasing the colour? A. Mrs. Pryse and the shopman—the shopman served me.
JURY. Q. Had you never seen that side door open before? A. Never on working-days—it is always locked.
Examined by MR. CHAMBERS. Q. You have been examined on this charge at the police-office, I believe? A. Yes, and my testimony was taken down in writing—the prisoner lodged at my house in Wardrobe-place, Doctors'-commons, for ten weeks—I remember the 16th of August—I knew before that that he was going to leave town, but he did not tell me where he was going—on that day he came a little before one o'clock, and said he was going that day—he asked me to make out his bill, and my daughter made it out—he remained in my house till half-past four o'clock, or thereabouts—he then Went, and took all his luggage with him—I did not see Mr. Pryse till he came to my house to search, after the prisoner was in custody—I do not recollect his saying that he had lost two £10 notes—my daughter was present, and the police-officer—Mr. Pryse said to me, "Pittock owed you a large bill"—I said, "Mr. Pittock paid me 6l., in a £5 note and a sovereign," which he did before he left town—I examined the note—it was a clean one—there was no writing on the back of it—I paid it to my baker, but I did not keep the number of it—there was no writing at all on it—it appeared a new note direct from the Bank—the prisoner left me in August, and returned on the 3rd of December—he then went on in the usual way—there was no concealment—he paid me regulurly while he lodged with me—that 6l. was all that he owed me at that time—I had money, and a great deal of property in his room, which could easily have been carried off—he knew that my writing-desk was there.
COURT. Q. Then he was in arrears till that 16th of August? A. Yes.
MR. CLARKSON. Q. Did you say a word before the Justice about his having told you he was going out of town? A. Yes—this signature is my handwriting—it was not read, over to me before I signed my name—I will swear it was not, after they had done writing—the whole of it was not read to me before I subscribed my name—I cannot tell how much was read, but I saw the clerk write something afterwards—he read part of it to me before he finished it, then finished it, and did not read the rest.
Q. Now, do you mean to state that any thing was added to this deposition after you signed it? A. I will not say so upon my oath, but to the best of my recollection.
COURT. Q. Is there any part of that deposition which the clerk did not read? or did he read the whole of it to you before you signed it? A. I do not recollect whether he did or no.
MR. CLARKSON. Q. Have you seen the prisoner's attorney here? A. I saw him here, but I did not speak to him—he was in my house the Saturday after Christmas-day—that was the first time I had seen him—I came here to-day with Mr. Penrice—he was at my house last night—I do not know that he is any relation of the prisoner—I had seen him before at Union-hall, and at his warehouse, in Old Change, about twelve months ago, before I knew the prisoner—he came to my house on the 24th of December for a brush for the prisoner—that was all he came for—I asked him how Mr. Pittock was, but that was all.
Q. Will you swear that that was all? A. To the best of my recollection—I would not swear positively—I do not recollect that I spoke to him on the subject of this trial—I cannot say whether I did or no—I will not say whether I did or did not.
COURT. Q. Did you speak to him about this case? A. I asked him how Mr. Pittock was—to the best of my recollection I did not talk about this case—I had no particular conversation with Mr. Penrice.
MR. CLARKSON. Q. When the clerk read over to you the statement you had made, did you complain of it, and state that it did not contain all you had said? A. I did not—I did not complain that he had not put down that the prisoner had told me before that he was going to leave—I was not aware it was of any consequence—he told me a week before that he was going—he did not say he was going to Woolwich—he left for good at that time, but I was not surprised when he came back on the 3rd of December—my husband was a merchant—I keep a boarding and lodging house—the prisoner sometimes had his breakfast there—he had his bed-room, and if he chose to walk into the parlour, he might—I cannot say how many lodgers I had.
Q. How was the prisoner to pay you? A. There was no engagement made—he was to pay me 10s. a week for his bed-room—he lodged with me ten weeks—I did not know that he pawned any things while he was there, till the prosecutor found the duplicates—I take lodgers at any time, and keep them as long as they will stay—I may take them for lets time than a week—I do not take them by the day or night—I never had one stop so short a time as three days, nor as a day and night—I will not swear that I have not had them so short as three days—my circumstances have nothing to do with the prisoner's case—my lodgers generally pay when they leave the house—I do not take in strangers—I take none, but what are recommended—they pay when they please—I never asked the prisoner for any rent at all, that I will swear, nor any of my lodgers—I have kept the house fifteen months—I have lost money by the house—the prisoner paid me a clean £5 note about one o'clock—he came home about one o'clock, packed up his things, washed and dressed, and was a long time in his room—he went away about half-past four o'clock—I do not know how far my house is from the prosecutor's—I do not know Walworth—I do not know whether there would be any difficulty in a person getting a £5 note changed, between ten and twelve o'clock—I was present when the duplicates were found in his portmanteau—Mr. Penrice called for me, and I came with him—I am quite sure there was no one else with him—I did not tell the magistrate it was a clean note—he asked no questions about it—I was not asked any thing about it before I came here, to the best of my recollection.
Q. Upon your oath, did you not communicate that fact to the gentleman behind me, and was it not put into his brief? A. I cannot say—I do not know how the gentleman could ask me whether it was dirty or clean—I do not recollect whether I told that to Mr. Warner or not.
COURT. Q. How lately before the 16th of August had the prisoner slept in your house? A. I think he did not on the 16th, nor 14th—I could not say when—he was absent two or three nights—there is a sitting-room common to the lodgers at my house—that is not the room in Which my desk was—that was put in the prisoner's bed-room, to be more handy for me, as I did not choose to leave it in the parlour—no one but the prisoner occupied that bed-room—I did not go to my desk when he was
there—he had no means of knowing that I had money there—I saw the prisoner's attorney on the 17th of December, but nothing more than to speak to him.
JOHN SHARPE . I am a carrier, and live at Woolwich. On Saturday, the 16th of August, a person left a parcel with me, about half-past two o'clock—he had a hat on—I do not think I have seen the prisoner with his hat on—the prisoner is similar to the man; but I cannot identify the person—I believe he is the man, but I cannot swear to him—the parcel was directed, "Mr. John Pryse, corner of East-lane, Walworth"—this is the wrapper and the direction, I believe—he asked me if I could forward the parcel—I said not that day, for my carts were all gone; but it could go on Monday—he said very well, that would do—I do not think he paid the booking.
Cross-examined by MR. PHILLIPS. Q. Was it booked? A. I am certain I booked it; but I do not know whether he paid for it—my notice of the person was not very'particular—I had never seen him before, to my knowledge—my attention was not called to this again till about the 8th of December—I was then shown the prisoner at the police-office, and asked if I knew him—I would not undertake to say he was the person—his cost was dark; but I cannot positively tell the colour, or whether it was a frock or body coat—I cannot tell whether he had a black or white handkerchief.
MR. CLARKSON. Q. Was your observation most applied to his dress or his features? A. Not particularly to either—Mr. Pryse called on me the day after the parcel was sent, and I gave him the description of the man who brought the parcel.
MR. PHILLIPS. Q. Did you describe his dress? A. Yes, in the best way I could.
PETER KENDALL (police-constable P 120.) I know Mr. Pryse, and have seen the prisoner—I had seen the advertisement in the Hue and Cry, in the month of August—we had the report of the robbery the following week—I searched after the prisoner several times—on the 9th of December I was at the police-office, Union-hall, and saw the prisoner there, in company with a friend, whom I should know again—I looked at the prisoner, and knew him to be the young man who was wanted—he spoke to the inspector, who turned him over to me—he said he came to give himself up—I asked if he knew the charge that was against him—he said, "Yes"—I asked him if he had any thing to say—he said, "No"—I then took him, and the charge was entered—I afterwards went to search his lodging, at Mrs. M'Greggor's, No. 8, Wardrobe-place, Doctors' Commons—I there found two duplicates; one of a watch and guard, pawned on the 24th of July, for 2l., in the name of Garrett, Tunbridge Wells; and a coat, pawned on the 1st of August, for 1l. 4s., in the name of Garrett, but it did not say where.
Prisoner's Defence. I am innocent.
(John Joshua Routledge, draper, Chelsea; Henry Phipps Weston, draper, Dover; Jonathan Croker, wholesale warehouseman, No. 86, Watling-street; Henry Lashmore, linen-draper, Tunbridge Wells; and—Pittock, the prisoner's brother, a draper at Hastings; deposed to the prisoner's good character.)
Prisoner. As soon as I was informed that I was in the Police Gazette, I went to the different offices to try and get the Hue and Cry, but could not; and went and gave myself up.
GUILTY . Aged 28.—Recommended to mercy on account of his previous
good character, and conceiving his connexion with the prosecutor might, in some degree, have been instrumental in leading him to the crime.— Transported for Life.
Sixth Jury, before Mr. Sergeant Arabin.
JOSEPH WHITE . I am a tailor, and live at Walworth. The prisoner was my errand-boy for eight weeks—on the 9th of December he was sent with twenty yards of kerseymere to Mr. Little's, in Leadenhall-street—it had been sent to us, but not approved of, and was to be returned—my son is in partnership with me—he sent the prisoner.
JOHN WHITE . I am in partnership with my father. I sent the prisoner with twenty yards of kerseymere, worth 7l., to deliver to Mr. Little—he had been there before, and knew the place well—he should have returned between four and five o'clock, but he did not come till nine o'clock—I asked him the next day, and he said he delivered the kerseymere to Mr. Little—my father went to Mr. Little's that day, and heard that it had not been delivered—we questioned the prisoner, and he again said he had delivered it to a man at the door—we still questioned him, and he said it was a man a few yards from the door—he afterwards said it was a man on London-bridge—he afterwards laid a boy came to him on London-bridge, that he went down the steps, and a man came to him and said he was to give him the kerseymere—he afterwards said it was by Fenchurch-street—the kerseymere has never been found—Mr. Little has left, and gone into the country.
RICHARD DAVIS (police-constable P 55.) I took the prisoner—he told me he had delivered the kerseymere to a man at the door—he then said a boy met him on London-bridge—and that a man met him, and said he had come from Mr. Little to take the kerseymere, to save him the trouble of going there.
(The prisoner put in a written defence, stating that he had met a man who stated that he had come from Mr. Little for the parcel, and he had delivered it to him.)
NOT GUILTY .
Sixth Jury, before Mr. Common Sergeant.
MARGARET WOODGATE . I am wife of Samuel Woodgate, a victualler, who lives in Fryer-street, Blackfriars'-road. The prisoner was our pot-boy—on the 28th of December he asked me for change for two sovereigns, for No. 42, Union-street—he did not say the name—I told him it was very unlikely they would want change for two, and I gave him change for one—he went out, and came back with a crowd of people—I heard that he had been to some house, got the silver changed for a sovereign, and had dropped it, that a woman took it up, and he said it was his, and she came with him to see if it was so—that sovereign I got—about half-past ten o'clock that night, he came to me for change for a half-sovereign—I gave him one half-crown and some other silver—he went away, and I saw him no more till he was in custody.
Prisoner's Defence. I met several pot-men—we went about drinking—
I fell asleep in a tap-room, and in the morning I had not a farthing about me—my master had told me if I stopped out all night I should never return to him any more.
GUILTY . Aged 19.— Confined Three Months.
Sixth Jury, before Mr. Common Sergeant.
MR. CHAMBERS conducted the Prosecution.
ANN HERBERT . I reside at Mr. Robinson's, my son-in-law, who keep a baker's shop, in Blackfriars'-road. On the 22nd of December, about four o'clock, the prisoner came and asked for sixpenny worth of biscuits—I gave him seven, and he asked me if I could give him change for a sovereign—I said, "No"—he showed me the sovereign, but I did not examine it—I did not see where he put it again—he then said, "Can you give me change for a half-sovereign?"—I said I could, and I gave him 9s. 6d.—he gave me the half-sovereign in my hand—I said I thought it was bad, and I must weigh it—he said why was I so timid—I said, "I am a stranger to you"—he said, "You need not be afraid, I am only your next door neighbour"—I called the boy out of the bakehouse to give me the scales—the boy still stood there—the prisoner told him to go back, he was not wanted—he went and called the man—the prisoner took the 9s. 6d. and the biscuits, and went out—I found the half-sovereign was light—the man went after the prisoner, and brought him back with a policeman—I saw the prisoner scuffle with the people—he put something in his mouth, but I could not tell what—he appeared to be swallowing something.
Prisoner. Q. Did I not ask for sixpennyworth of biscuits? A. Yes, you did not give me a sovereign—I said I had change for a half-sovereign, and you said that would do—I did not tell the boy to go into the back parlour—you told him to go out.
JOHN GALE . I am foreman to Mr. Robinson. I went from the bake-house into the shop, and saw the prisoner standing in the shop—I saw the half-sovereign directly he quitted the shop—I then pursued him with Kent, and gave him into custody of the policeman—I was at the station when the prisoner was there, and heard him say to another prisoner, that he should go to Union-hall, and to Horsemonger-lane, and have six months.
Prisoner. Q. Were not the doors closed? A. Yes, the other man hallooed out, "Charley, they will give you six months—you will not have any goose this year."
CHARLES COTTERELL . I live in the London-road, and am a surveyor. On the evening in question, I assisted Gale in taking charge of the prisoner, while the policeman was gone after another man—the prisoner said he had never been in the shop, and Mrs. Herbert was mistaken—the policeman then brought back another man, who had the seven biscuits, with him—the policeman asked him where he got them from—he turned and said, "From that man," pointing to the prisoner—the prisoner said, "You did not"—the prisoner at that time produced a piece of coin resembling a sovereign, and while the policeman was questioning the other man, I saw the prisoner put it into his mouth, and swallow it—I said, "Policeman, he is swallowing something"—the policeman caught him, but it was too late—the prisoner was then searched, and a good half-sovereign and 9s. 6d. found on him—I saw this bad half-sovereign, it was placed on the edge
of the counter—the prisoner made towards it, and attempted to seize it with his mouth—I chucked him under the chin, and pushed him away.
Prisoner. I merely asked Mrs. Herbert if she would allow me to look at it. Witness. No, you did not.
JOSEPH KENT (police-constable L 164.) I was called to take the prisoner—I left him in custody, and went after the other man—I brought him back to the shop, and asked him some questions—Mr. Cotterell then directed my attention to the prisoner's mouth, and I saw he was in the act of swallowing something, I caught hold of him by the throat—I then searched him and found one good half-sovereign, and 9s. 6d. in silver, on him—this half-sovereign was given to me by Mrs. Herbert—it laid on the counter—the prisoner snatched at it, and if it had not been for Mr. Cotterell, I think he would have swallowed that.
Q. Does he live next door to Mr. Robinson? A. No, he lives in Whitechapel.
Prisoner. I never attempted to swallow any thing of the kind. Witness. Yes, you did.
Prisoner. I never offered it with a guilty knowledge—I kept the good sovereign in my hand, and changed it at the station-house.
GUILTY . Aged 24.— Confined One Year.
Sixth Jury, before Mr. Recorder.
MR. CHAMBERS conducted the Prosecution.
WILLIAM FORD . I was in Westminster-road, on the 27th of December, Sergeant Underhill was with me—we were walking in the road at twenty minutes before three o'clock, I saw the prisoner and two others about five yards behind him—they were not in communication then, but I had seen them frequently together before—we crossed over to the prisoner—the other two lads ran back—I told Underhill to take the prisoner, and I went after the other boys—I lost tight of them—I returned and took the prisoner—I caught him by both his arms, and took him into a broker's shop—I found in his right hand pocket three counterfeit shillings—he said two men gave them to him, and gave him sixpence to carry them—he did not describe the persons who gave them to him.
Prisoner's Defence. I was going over Waterloo-bridge, and two men asked me to carry them as far as the Asylum, and said they would give me sixpence to carry them.
GUILTY . Aged 14.— Confined One Year.
ADJOURNED TILL THE SECOND OF FEBRUARY.