CENTRAL CRIMINAL COURT.
SIXTH SESSION, HELD APRIL 6, 1835.
MINUTES OF EVIDENCE,
Taken in Short-hand,
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 Stephen Gaselee, Knt., one of the Justices of His Majesty's Court of Common Pleas; Sir John Gurney, Knt., one of the Barons of His Majesty's Court at Exchequer; Sir James Williams, Knt., one of the Justices of His Majesty's Court of King's Bench; John Ansley, Esq.; Sir Claudius Stephen Hunter, Bart.; Sir William Heygate, Bart.; William Thompson, Esq.; Aldermen of the said City of London; the Honourable Charles Ewan Law, Recorder of the said City; Thomas Kelly, Esq.; Sir Chapman Marshall, Knt.; John Pirie, Esq.; Thomas Wood, Esq.; and John Lainson, 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.—SIXTH SESSION.
A star (*) denotes thai the prisoner has been previously in custody—An obelisk (†), that the prisoner is known to be the associate of bad characters.
Third Jury, before Mr. Justice Williams.
882. JAMES LONG was indicted for feloniously assaulting Thomas Clarke, on the 15th of March, at St. Dunstan's, Stebon-heath, alias Stepney, Middlesex, putting him in bodily fear, and taking from his person and against his will one ring, value 30s., his goods.
THOMAS CLARKE . I live in Trafalgar-square, Stepney. On Sunday night, the 15th of March, I was returning home in company with my wife, and passing down Mile-end-road about twenty minutes to twelve o'clock—I was on the pathway close to the houses—just before I got to the Trinity Alms Houses (my wife was by the tide of me) four or fire persons came upon us very hastily—we were surrounded in a moment—I think there were four or five of them—they came up hastily—one of them, which was the prisoner, rushed up against me—I know him again—he said, "What do you mean by assaulting me?"—I said "My friend, there is no harm done"—I put my hand out to put him on one—I had a ring on my right hand finger, and had not put my glove on—he instantly seized my hand, and never quitted it until the ring was wrenched from my finger—I say wrenched, because it was on tight—he had some difficulty in getting it off—he had hold of my hand a few seconds—I struggled, trying to get my hand away, but I could not do so, he had got tight hold me—the moment the ring passed over the joint of my finger I found he had got it, and called out, "He has stolen my ring"—at that moment I was tripped up by him and thrown down—there was nobody but him near me—I could not save myself, and I got a severe blow on my head with the fall—my wife immediately called out "Stop thief"—the policeman was close at hand—the prisoner ran towards the policeman and was instantly secured—I lost sight of him when I was tripped up, and when I got up he was in custody—he had got sixty or seventy yards from me, perhaps, before he was taken, but I cannot tell the distance—I did not see the ring again that night—I saw it next day—he hurt me in getting it off—my finger was sore for two or three days afterwards.
Prisoner. Q. Did you not first push against me coming along—I believe you was in liquor? A. I was with my wife, coming quietly from the turnpike—I was not in liquor—I did not push against him—four or five of them rushed up against us.
the prisoner drove up against my husband, which occasioned him to jolt against me—I am quite certain the prisoner is the man—he said, "You have assaulted me, Sir," my husband said there was no harm meant—I saw him grasp my husband's hand very tight—I had no idea what he was doing—he held hold of his hand tight—my husband endeavoured to put him away, and at last, as he was falling down, called out "Police, he has stolen my ring"—I called "Stop thief" repeatedly—I saw the prisoner taken—I had not lost sight of him at all from the time my husband fell till he was taken—he was walking briskly—I concluded he was among the others—they were all together—I cannot say he joined the other four—I think he was taken too soon—he was going in the same direction as the others, but he was alone when he ran away, and had not joined any body—I am quite sure the policeman took the man who ran against my husband.
DANIEL SULLIVAN . I am a policeman. I was in the Mile-end-road, on Sunday night, the 15th of March—I heard a call of "Stop thief"—I had not observed any thing before that—I went towards the voice—I was about thirty yards off—on looking that way, I saw the prosecutor and his wife and a man near them—I could see him holding the prosecutor's hand—there was, a cry of "Stop thief," and the man ran towards me—I kept my eye on him and took him—it was the prisoner—I am sure I took the same man as I had seen with Mr. Clarke—there were four other men ahead of him between me and Clarke—they were walking on, and had passed me—there was not then any body between me and Clarke but the prisoner—after he was taken to the station-house, I returned with a light to the place where I took the prisoner—I saw my sergeant pick up a ring, which I produce—it was on the ground about the spot where I took the prisoner—I found it about one o'clock the same night.
Prisoner. When he was examined at the office, he swore he was one hundred yards distance, and he saw me struggling with the prosecutor. Witness. I do not recollect saying such a word—I was not one hundred yards off.
Prisoner's Defence. I was going home about half-past eleven o'clock—the prosecutor and his wife came along—I was in company with three or four whom I had been drinking with—I consider the prosecutor was in liquor—he made a stumble against me—I said, "You have assaulted me"—he made some apology and gave me his hand—after shaking hands with him, I was walking home, and heard the cry of "Stop thief"—I instantly stopped till the policeman came up, and was taken.
(Edward Lucas, a weaver, gave the prisoner a good character.)
GUILTY. DEATH .—Aged 24.—(Recommended to mercy by the Jury
and Prosecutor, believing it to be his first offence.)
Before Mr. Justice Gaselee.
883. THOMAS DOWNES was indicted for burglariously breaking and entering the dwelling-house of John Thomas Woodward, about the hour of two in the night of the 9th of March, at St. Clement Danes, with intent to steal, and burglariously stealing therein, 13 spoons, value 3l. 10s. 1 milk-pot, value 3l.; 1 cloak, value 1l.; 3 pinafores, value 3s.; 1 ladle, value 6s.; 1 pen, value 3s.; 1 pair of sugar-tongs, value 15s.; 1 pepper-box, value 2l.; 3 castor-tops, value 4s.; and 1 pair of boots, value 9s.; the goods of the said John Thomas Woodward.
JOHN THOMAS WOODWARD . I am an optician, and live at No. 8, Clement's-inn-passage, in the parish of St. Clement Danes, I rent the whole house—on the 8th of March, I was the last person up in the house—I went to bed between eleven and twelve o'clook—I saw the windows and doors safe—I was the first person up next morning, between six and seven o'clock—on opening the parlour door, every thing appeared in a state of the greatest confusion—on looking round, the drawers and closets seemed ransacked, and the articles sated in the indictment were taken away—it was light when I got up—I found the window had been broken, just above the bolt, so that any body could put a hand in and undo the bolt of the window—on looking round, I saw one of my chairs partly burnt, where a candle had been fixed—on looking at my shop door, I saw part of the moulding burnt, where a candle had been filed, and every means had been used to try and get in there, but they had not succeeded in getting in there—the articles lost could not be replaced for 20l.—I should say they are worth about 10l.
GEORGE WEIGHT . I am a constable of the parish of St. Clement Panes. In consequence of information, I went, on the morning of the 9th of March, to Mr. Woodward's house, about half-past seven o'clock—I found the parlour window had been broken, just over where the latch of the window is, so that any body could get in—I examined the various parts of the rooms, and then the yard, to find where an entry had been made—at the further end of the adjoining house to Mr. Woodward's, I found this hat—suspecting that I had a knowledge of the hat, I went in seareh of the prisoner—I apprehended him in Clare-market, and asked him where his old hat was—he told me he had cut it up a fortnight ago—I then asked him where he was last night, and told him he must consider himself as my prisoner—I did not say it would be better to tell the truth or worse for him—he said he was in bed at eleven o'clock—I took him to Mr. Woodward's house, and, when there, asked him where he lived—he told me at Mr. Cooper's, Clement's-lane—I asked him for the key of his room, which he gave me—on going to his room, I found two glass tumblers, three cruets, three pairs of spectacles, (one pair are silver, one pair tortoiseshell, and one pair cast steel,) part of a linen shirt, a silver thimble and thimble case—I returned to Mr. Woodward's, and asked the prisoner particularly what room it was he occupied—he said, the second floor back room, which was where I found the articles—I then observed him working his mouth about—I told him to give me what he had in his mouth—he said he had nothing, hut on putting my hand to his throat and pressing his mouth, I got from his mouth one sovereign, two sixpences, half-a-crown, and seven shillings—I then took him to Bow-street—I also took three others into custody on suspicion, who were discharged—I apprehended him about half-past eleven o'clock in the morning—he had another hat on when I took him.
Prisoner. I did not occupy the room alone—another person occupied it as well as me.
GEORGE MACKEY . I am shopman to John Wells, a pawnbroker, Broad-street, St. Giles's. On the 9th of March, about nine o'clock in the morning, the prisoner came to our shop and pawned a cloak, which I produce, in the name of John Johnson, 3, Castle-street, for 8s.—about an hour afterwards he came again and pawned a pair of boots in the name of John Downes,
3, Fives-court, for 5s.—I did not see him again till he was in custody—I did not know him before—I am quite certain he is the man—I took particular notice of him—his face was very dirty, and I thought he was a shoemaker.
Prisoner. Q. What particular mark do you know me by? A. I noticed you particularly, and I am sure of you—the man was pock-marked—I am quite certain you are the man—I do not recollect what coloured coat you had on—I know your features.
JOHN THOMAS WOODWARD re-examined. This cloak is mine—I have the cape belonging to it—it corresponds with it—it is my wife's cloak—the boots I can also swear to—I know them because the heel became loose soon after I had them, and it has been re-fastened—I know them also by the ties—the cloak and boots are worth about 2l. 10s.—the silver spectacles are my wife's—they are my own glazing with pebbles—are worth 1l. here is a pair of tortoise-shell spectacles, which I put a new front to for a customer—they are worth 5s.—these blue steel spectacles I had to repair—they are worth 2s. 6d.—these cruets and tumblers are worth 3s. or 4s.—this is part of a new linen shirt cut up for my girl to take to school with her—the shirt itself is worth about 10s.—the thimble and case are worth 3s. 6d.—I lost at the same time 11 tea-spoons, a table-spoon, a dessert-spoon, worth 7l. together, a pair of sugar-tongs, a milk-pot, and pepper-box, all silver, and 3 castor-tops, worth 2s. each—3 pinafores, worth 1s. each, and a ladle, worth 7s. 6d.—I know the cruets, being old family articles, and the tumblers we have the corresponding ones to match—I do not swear to the shirt—one part of it is gone—the thimble-case I bought eighteen years ago, and gave it to my wife, and by the imperfect manner the thimble fits I know the thimble.
Prisoner's Defence. On Sunday evening I was along with two or three friends—I got in liquor and went to bed—my bed-fellow was in bed too—I got up in the morning and went to get a job—when I came back the witness said he wanted me, and said, "Where is yoox hat?"—I said, "I have cut it up three weeks ago"—I gave him the key—I did not know the property was there—he searched my room, and brought the property to Mr. Woodward's—I have a bed-fellow—I cannot be sure of what he brings to the room—I can bring witnesses to prove I was with them on Sunday night.
GUILTY— DEATH . Aged 20.
Before Mr. Baron Gurney.
884. HENRY DAY was indicted for burglariously breaking and entering the dwelling-house of Isaac Simpson, about the hour of seven in the night of the 16th of March, at St. Clement Danes, Middlesex, with intent to steal, and feloniously and burglariously stealing therein 9 handkerchief value 40s., his goods.—2nd COUNT. Calling the goods eight yards of silk.
CORDELIA SIMPSON . I am the wife of Isaac Simpson—we live at No. 166, Strand, in the parish of St. Clement Danes—he is a hosier and glover. On the night of the 16th of March, about seven o'clock, I was sitting in the shop—my attention was attracted by the cry of "Stop thief"—I went to the door, and found the window of the shop was cut or broken—it was whole a few minutes before—the policeman almost immediately brought the prisoner into the shop, and a piece of silk handkerchiefs, containing fire—I knew them to be ours—they had been taken out of our window just opposite the broken square, off a pile of gloves—the hole was large enough for a person to put a hand through, but very little larger—Mr. Levy afterwards
brought in other handkerchiefs—it was about seven o'clock in the evening—there was not sufficient light to see a man's face except by the lamps—our shop is by the New Church, just by the Strand Theatre.
Cross-examined by MR. PAYNE. Q. Where were you when you heard the cry of "Stop thief?" A. Opposite the door in the shop—I did not hear the glass broken—I had been sitting there about a quarter of an hour—if the breaking of glass had made any noise, I should have heard it—I am certain it was not light enough to see a man's face without a lamp.
COURT. Q. Had you seen the pane of glass whole just before? A. About twenty minutes before.
LION LEVY . I live in Holywell-street. On the night of the 16th of March, I heard a cry of "Stop thief"—I ran out, and saw the prisoner in custody of a policeman—when I came back, my daughter gave me four handkerchiefs, which I gave the constable.
MARTHA LEVY . I am the daughter of Lion Levy. I heard the cry of "Stop thief"—I ran to the door and staid there some time, till after the crowd was gone—I picked up a piece of handkerchiefs, which I gave my father—I know Mr. Simpson's shop—if a person had come from there by our door, he would pass where I found the handkerchiefs.
Cross-examined. What part of the street is your house? A. Near New Church.
DANIEL ROBERTS . I am a policeman. On the night of the 16th of March, I was on duty in the Strand, a little before it struck seven—I was going from Holywell-street from St. Clement's Church—I heard a cry of "Stopthief"—I saw the prisoner running—and saw him throw one piece of handkerchiefs from his hand to the right, and another piece to the left—I took him into custody, and took him to the station-house—he had run by Levy's house—I have the handkerchiefs—I picked up one parcel.
Cross-examined. Q. Did you take him any wbere except to the station-house? A. Only to Mr. Simpson's—no where else—I did not take him to a cabman—there was a cabman in the street, but nothing passed between us—I was twelve or fifteen yards from the prisoner when I saw him running—Holywell-street is a narrow street, a great many people pass through—very few people were passing along at the time—there might be three or four between me and the prisoner.
COURT. Q. How near were you to him when he threw them away? A. About fifteen yards—I am quite sure he it the man—I never lost sight of him.
Cross-examined. Q. Have you any doubt of their being yours? A. None—we keep no shopman—I missed no handkerchiefs before I heard the alarm, nor at the time exactly—I know them from seeing them purchased, and being in the habit of seeing them daily—I think these make up the whole we lost—they are worth about 2l.
Prisoner's Defence. I was charged with stealing ten handkerchiefs at Bow-gtreet, now there is only nine—when the policeman took me, a gentleman in the crowd said cabman knew all about it—they took me to the cabman, who said it was not me—the magistrate asked for the cabman—the policeman went out and said he could not find him.
I said I believed it was a cabman, but I saw no more of the cabman—I did not take the prisoner to any body to identify him.
(Thomas Drake Ford, baker, Robert's-place, Clerkenwell, gave the prisoner a good character.)
GUILTY— DEATH . Aged 20.
Before Mr. Justice Gaselee.
885. JAMES PARKER, alias Cowden , THOMAS PARKENTON , GEORGE NEWMAN , and NICHOLAS WAYLING , were indicted for burglariously breaking and entering the dwelling-house of Richard Brook and another, about the hour of eleven in the night of the 14th of March, at St. Saviour's, Southwark, Surrey, with intent to steal, and feloniously and burglariously stealing therein, 1 box, value 1s. 6d.; 1 half-crown; 4 shillings; and 15 pence; the goods and monies of the said Richard Brook and another.
2nd COUNT, for burglariously breaking out.
MESSRS. CLARKSON and CRESSWELL conducted the Prosecution.
JOHN SMITH . I am in the employ of Messrs. Richard and Williams Brook. They have a dwelling-house and manufactory in Southwark-bridge road, in the parish of St. Saviour's, Southwark—they are tallow-chandlers and melters—I have been in their employ about two months—the premises are entered by a gateway—there is a counting-house on the left-hand side of the gateway when you go in, and a door on the left, which leads into the packing-room—the counting-house door opens into the packing-room—there are three desks in that counting-house—there is a double desk near the window—the other desk is on the right hand—there is a flight of stairs leading out of the packing-room into the kitchen—the counting-house and dwelling-house are all one building—you can go from the counting-how into the packing-room, and then into the kitchen, without going into the street—there is another door out of the packing-room, leading into the yard—there are two doors, one at each end—the further door leads to the melting-house, through the yard—there it a flat trap in the roof of the melting-house—it lifts up and down by a weight—there is a yard at the back of the melting-house. On the night of the 14th of March, I was in the kitchen, which is over the counting-house—while I was there I heard a noise about half-post eleven o'clock—the noise proceeded from the counting-house—on hearing it I went down stairs, and discovered the counting-house door open—the one leading into the counting-house from the packing-room—I had been in the counting-house about three-quarters of an hour before—when I left it it was locked, and the key in the door, on the side towards the packing-room—I had left a candle burning—when I found the door open, the candle had been put out—I had fastened the packing-room doors before I went into the kitchen—I locked the door on the counting-house side—I did not fasten the other door, but I saw it was fastened—both the doors of the packing-room were fastened on the inside—one was barred.
Q. Having discovered this, what did you do? A. I went out into the yard, by opening the packing-room door—I found the bar undone—on getting into the yard, I asked who was there—I saw a person upon the roof of the melting-house, and when I said, "Who if there?" the reply was, "Harry, they are coming"—I then ran for a policeman—I saw them getting out of the trap-door, in the roof of the melting-house—I saw two or three persons—I cannot say how many—there were some persons—I got
a policeman, and took him to the back of the premises—the front gateway in the Southwark-bridge-road was safe, and the private entrance was also safe—the persons who had been in the house must have got out by one of the packing-room doors, both of which had been unfastened inside—there was a petty cash-box in one of the counting-house desks before I went up—that desk is never locked—the box was locked—it has a small hole cut in the top of it to drop money in—that box was kept in the double desk by the window—there was money kept in the other desk, which was locked—I did not go into the counting-house when I came down stairs after healing the noise—I did not miss the petty cash-box till I came back—I was with the policeman when he found that box on the roof—there were no men melting on the premises at the time—it is usual to melt every night except Saturday night.
Cross-exanined by MR. PAYNE. Q. Is there any way from the packing-room into the melting-house and manufactory, without going into the yard? A. No; there is no communication from the dwelling-house to the melting-house or manufactory, except through the yard—one factory is by the side of Southwark-bridge-road—there are sheds which run from one manufactory to the other—the flaps in the roof are in the manufactory—the melting-house and manufactory are together, but are separated by a wall—the flaps lift up towards the roof of the factory—there is a yard behind the melting-house and manufactory—I saw the persons get out of the trap-door, and go along the roof to the right—I could see any person as I was standing in the yard, at the top of the manufactory—the flaps are very near the furthermost will of the manufactory—I had left a candle burning in the counting-house all the evening—I am quite sure I locked the door of the counting-house leading to the packing-roonm—the servant was up stairs with me in the kitchen—Mr. Richard Brook lives in the house—the other partner lives in the Borough.
MR. CLARKSON. Q. You locked the counting-house door—did you leave the key on the packing-room side? A. Yes; the trap-door draws down by a weight—a person not acquainted with the premises, I should say, would not know how to open it—it is not like a trap-door usually is—the yard is a quadrangle, the Southwark-bridge-road being on one side—the stable and out-buildings on the right hand, that joins the factory and melting-house, they form the third side of the quadrangle—end the packing-room and dwelling-house form the fourth side—there is no entrance to the building from the outside, beside the one is Southwark-bridge-road—the gateway and the private door of the dwelling-house are the only entrances, unless you clamber over the wall—the windows of the factory outside were all secure when I heard the alarm—there was no means by which a person could have got into the factory.
RICHARD BROOK . I am one of the partners in the house. We have two establishments, one in Southwark-bridge-road, the other in Blackman-street—the partnership funds pay the rent, taxes, and expenses of both places—I occupy one dwelling-house, and my uncle the other—I sleep sometimes at the premises in Southwark-bridge-road—my uncle never sleeps there—one boy sleeps there, who is paid out of the partnership funds—the prisoner Parker was ia my service in Blackman-street, for about ten weeks—the servants in Blackman-street frequently go to the Premises in Southwark-bridge-road—Parker went there several times a day, and particularly up in the loft where the trap-door is, and would have the opportunity of seeing the mode in which it works—he was frequently in
the packing-room and counting-house—he has been in the habit of fetching the petty cash-box from one premises to the other—I think I have seen him carrying it from one premises to the other, at any rate he must have known that it was fetched from there—it is kept for the purpose of placing small sums in, for goods sold at the warehouse—the box is sent by some of the servants from the premises, to Blackman-street, but not by any one in particular—this petty cash is kept separate for a particular use—on the night in question, before I left the premises, I removed the petty cash-box and the till—there was a considerable quantity of petty cash in it, but what, I do not know—I left the premises about twenty minutes after nine o'clock, and went to my uncle's—I saw all the premises made fast and safe—I had put money into the box several times that week—it had been there about a fortnight—our men are up every night in the week, generally, except on Saturday—Parker would know that, and he knew I am always away on Saturday night, as I always go to Blackman-street—I got home this night just as Taylor was giving an alarm—I went down the yard, and heard a rattle spring—next morning I saw a chisel, found on the premises behind ours, in the yard adjoining the side of the premises where the flat is in the roof of the manufactory—it is Stevenson's yard—I observed marks of violence on the desk, which was kept locked, and this chisel exactly corresponds with the marks where the desk had been attempted to be wrenched—that is the single desk—it is usual to keep the desk in which the petty cash-box is, unlocked, and the other desks locked—this desk had marks of violence, and they exactly corresponded with the chisel—in wrenching, they had turned the desk off the stand—it is not usual to keep money in that desk for more than two hours together—it is usual to deposit money there, under lock and key, till I take it to Blackman-street—Parker most likely would be aware of that—I saw the prisoners when they were brought out of Stevenson's yard, at the back of our premises, in Guildford-street—that was Parker, Parkenton, and Wayling—I saw Newman brought out of a ditch, over some pales, at some distance from Stevenson's yard.
Cross-examined by MR. PHILLIPS. Q. Is any business of the firm carried on in the actual dwelling-house? A. It is all one and the same thing—the counting-house is under the dwelling-house—it is the lower story of the dwelling-house—I have only one domestic servant.
WILLIAM TAYLOR . I am turned twelve years old. I know Mr. Brook's premises in Southwark-bridge-road—I live just over the road—on the Saturday night I saw the three prisoners, Parker, Parkenton, and Wayling, about half-past eleven o'clock—I was in Little Guildford-street, at the back of Mr. Brook's premises, and saw them on the top of Mr. Brook's premises, on the roof of the manufactory—I had seen them before often—I know Mr. Dogherty's premises—I live near them—his premises are near the common sewer—I saw Newman that night down in the ditch of the sewer—I saw him before he got down into the ditch—he came off Mr. Brook's premises, on Dogherty's wall, got on the privy, then jumped down and got into the ditch—I heard the policeman's rattle, and told him where Newman was gone—they went there and found him.
Cross-examined by MR. PHILLIPS. Q. This was between eleven and twelve o'clock at night? A. Yes—it was not foggy—it was a moonlight night—it was on Saturday night, the 14th of March—I know the day of
the month, because we have an almanack, and I looked at it that morning—I saw these men again on Monday when I went to Union-hall.
MR. CLARKSON. Q. Did you not see them all in custody the same night? A. Yes.
ROBERT GURNON (police-constable N 74.) I was called to Mr. Brook's premises on the 14th of March, about half-past eleven o'clock—I went to Little Guildford-street at the back of the prosecutor's premises—when I got there, I stopped till Smith went down for more assistance, to go over the premises—I know Stevenson's yard—there are some iron railings to that yard—I saw somebody attempting to get over those railings—I cannot tell who they were—I found the three prisoners, Parker, Parkenton, and Wayling, in the yard—they were in a little wash-house, where a boiling copper was kept—they were sitting very near the copper—I took them into custody—I sprang my rattle when I saw them attempting to get over out of the yard—after they were taken to the station-house, I found, in the fire-place below the copper-hole, some money—here is 2l. 4s. 6 1/2 d. a half-crown, fourteen shillings, eight sixpences, in silver; twenty pence, 5s. 10 1/2 d. in half-pence, and four farthings.
Cross-examined. Q. What yard did you see them in? A. Stevenson's—I did not see them on the prosecutor's premises.
Cross-examined. Q. When did you last see any of the corner? A. The box was locked—I dropped it in through a hole.
Parkenton to W. TAYLOR. Q. When have you seen me before? A. I have seen you repeatedly about the Mint, and Kent-street—I saw you go round two chimneys on the roof—I was in the road, and went down to the station-house, and told the sergeant—I know you by sight very well—I cannot say when I last saw you.
Newman. Q. How far was you off when you saw me? A. I was down by the palings looking in—there were some holes in the palings—I saw the officer bring you out of the ditch, and I know you to be the person who went into it.
WILLIAM CLARK HUNT (police-constable M 130.) Taylor came to the station-house on the night in question—I went to Brook's premises before I saw him—I afterwards went to the ditch—Taylor did not tell me any thing about the ditch—I went by order of the superintendent—I took Newman out of the ditch—it is the common sewer—he was up to his knees in it under the arch—I took him to the station-house, searched him, and found a lucifer-box and some matches in his pocket—I went back and examined the premises—I went out of the trap-door on the roof and found the petty cash-box there broken open—there was nothing in it—the other three prisoners were at the station-house when I secured Newman.
Cross-examined. Q. Which way did you get to the roof? A. Through the packing-room—I think the hinges of the trap-door are towards the prosecutor's yard.
MR. BROOK. That is our petty cash-box.
PETER COOK . I live in the house of Mr. Brook, in Southwark-bridge-road. I know Parker—I saw him at the gate about half-past eight on Saturday night—I went and asked what he wanted—he said he wanted Joe Blake—I went and told Joe Blake, who is a workman—I did not see Parker afterwards.
(Isaac Moore, carpenter, Henry-street, Hounslow-road; Robert Atkins,
shoe-maker, 36, Thomas-street, Lambeth; William Marmot, clerk, Thomas-street, Lambeth; David Langley, shoe-maker, Duke-street, Bloomsbury; and William Wilkins, tallow-chandler, Crown-street, deposed to the prisoner Parker's good character.
PARKER— GUILTY.— DEATH . Aged 18.
PARKENTON— GUILTY.— DEATH . Aged 17.
NEWMAN— GUILTY.— DEATH . Aged 19.
WAYLING— GUILTY.— DEATH . Aged 19.
On 2nd Count,
Fourth Jury, before Mr. Baron Gurney.
886. GEORGE EPPING was indicted for burglariously breaking and entering the dwelling-house of Thomas Morgan, about the hour of two in the night of the 12th of March, at Woodford, Essex, with intent to steal, and feloniously and burglariously stealing therein, 1 ladle, value 14s.; 9 shirts, value 2l.; 5 coats, value 12l.; 3 pairs of boots, value 2l. 10s.; 1 case of surgical instruments, value 30s.; 1 lancet-case, value 20s.; 2 pairs of trowsers, value 20s.; 5 handkerchiefs, value 10s.; 1 table cloth, value 2s.; 1 waistcoat, value 6s.; 2 pairs of shoes, value 5s.; 1 hat, value 5s.; 1 pair of spurs, value 4s.; 1 pair of gloves, value 3s.; 1 stock, value 18d.; and 1 pocket-book, value 1s., the goods of the said Thomas Morgan; and 1 coat, value 10s.; the goods of Daniel Keeley.
2nd COUNT, for burglariously breaking out.
MR. DOANE conducted the Prosecution.
THOMAS MORGAN . I am a surgeon, and live at Woodford, in the parish of Woodford, Essex. On Thursday, the 12th of March, I went to bed at eleven o'clock—I went to bed before my footman—I was called up at three o'clock in the morning by my daughter—I proceeded to her room, and then down stairs into the hall—on the mat of the dining room door I found a pair of shoes with dry dirt on them, and small coal dust on the soles—I found in the dining-room a hat which had been taken off a peg in the hall, and two odd boots, which had been in the dressing-room adjoining my daughter's room—the fellow boots were gone—the dining-room window was open, and the blind drawn down in a particular twist—the window was forced open from the inside—I went into the passage leading from the hall to the kitchen, and missed four coats and a silver sugar-ladle—nine shirts were packed up in a handkerchief, and left at the door of my daughter's bed-room—I missed a lancet-case and a case of instruments—I examined outside the house under the dining-room window directly, (at three o'clock in the morning,) with a candle, and found the mark of a foot without a shoe—I could trace the toes distinctly—I examined the coal-cellar door—the bolt was shot but the staple was forced open—I am in the habit of having my gate left open, that was always usual—in consequence of information from the police, I went to the station-house, and found the prisoner and my property which I had missed—I took the shoes with me to the station-house, and showed them to the prisoner—I asked if the shoes belonged to him—he said "No," and when he was brought to town I said, it was a pity to let him walk without shoes, he had better have them—he then put them on, and said they were his—I had not told him he had better confess—I did not myself hear him say they were his shoes—I now recognise the prisoner as having been in my service seven or eight years ago, as footman.
Cross-examined by MR. PAYNE. Q. What is this gate? A. A small iron gate which leads to the yard and to the kitchen, to the stable, and to an outer room which I at times occupy—a person could get into the yard
by merely pushing that gate in—there is a kitchen door which leads straight forward into the kitchen, and to the left, leads to the coal-cellar, and all parts of the house—that door is left open till eleven o'clock at night, when the servants go to bed—he did not acknowledge the shoes to be his, in my hearing.
COURT. Q. From all you found, it did not appear that whoever had come had broken into the house? A. No—I concluded it was somebody who knew the premises—when I came down at night I found the dining-room door open, which goes out of the hall, and the last window in the dining-room open—another dining-room door, which goes to the kitchen, was open, and the door of the cellar was open.
Q. Would the opening of the cellar-door enable a person to get out of the cellar into the house? A. Yes, and he would then have access to all parts of the house, if he was accustomed to the house.
DANIEL KEELEY . I am servant to the prosecutor. On the 12th of March I was the last that went to bed—I fastened the doors and windows—I went into the dining-room and fastened those windows—I bolted the coal-cellar door—that is in the under part of the house—I recollect being called up that night by master—I went into the dining-room with him, and found it in the state he has described—I went to the coal-cellar door—I found the bolt forced, and the door open—I examined the door-post inside—I observed a small mark on it, as if something was driven in on one tide, from the inside—I had seen the silver sugar-ladle safe that night, and placed it in the pantry—I afterwards saw it again—I missed a coat of my own—the kitchen door was fastened when I went to bed—in the morning I found the parlour window open, and the parlour door—to get out of the house, the person must have got out of the window—there were several doors open, but no outer door.
Cross-examined. Q. How high is the window from the ground? A. It is on the ground-floor—I recollect fastening all the doors, and windows too—I have a distinct recollection of fastening that window at eleven o'clock that night—I bolted it inside, and I fastened the window-shutters—I distinctly recollect fastening the shutters that night—I am quite sure they were not left open.
GEORGE DE GRAY (police-constable N 107.) On Friday morning, the 13th of March, I was on duty at Clapton, at a little before five o'clock—I saw the prisoner coming to town, from Woodford—he said, "Good morning," and asked me if any cattle had gone by—I said, "Yes"—I observed he had several coats on, and one on his arm—I asked him what coat he had on his arm—he said his father's—I asked what his father was—he said, "A cattle dealer"—I was not satisfied, and took him to the station-house—Messenger searched him in my presence, and found a case of surgical instruments on him, and four coats besides the one he had on his arm—we found a card, and went to Mr. Morgan's.
ROBERT MESSENGER (police-sergeant N 1.) About five o'clock, the last witness brought the prisoner to the station-house—I examined him—I found on him five coats, three silk handkerchiefs, two pairs of shoes, one pair of gloves, one under-waistcoat, one black silk stock, one pocket-book containing memorandums, a case of surgical-instruments, a mother-of-pearl lancet-case, one pair of spoons, a sugar-sifter, two boots, one pair of leggings, an iron hammer, and a tobacco-box—among the memorandums was a card with Mr. Morgan's name and address, in consequence of which, I went to Mr. Morgan—the prisoner had on his feet two left
boots—he said the property was his father's and brother's—Mr. Morgan came to the station-house and brought a pair of shoes, which I gave to the prisoner, at the office—he said they were his—I asked him whether the boots or shoes were his—he said the shoes—I had taken the boots off him.
Cross-examined. Q. Did he say the shoes were his? A. He did—I asked him which were his—he was without shoes at the time—I did not ask him which he would have.
MR. DOANE. Q. Did you find a silver sugar-sifter? A. Yes—it dropped from his left arm.
Cross-examined. Q. Are you quite sure from the use of the surgical instruments that they are yours? A. Yes, and here is my pocket-book with memorandums of my own.
COURT. Q. What is the value of all the things? A. Full 15l.
Prisoner's Defence. I was coming on business from Epping, and picked up the bundle on the road—I never lived in Mr. Morgan's service is my life.
MR. MORGAN re-examined. I am quite sure he lived in my service, and he acknowledged it to me in the office—I think he lived with me three or four months—he mentioned to me the name of a cook who lived with me.
ROBERT MESSENGER re-examined. I took the hammer to Mr. Morgan's, and examined it with the cellar door—there was a slight impression of the crooked part of it on it—the end of the hammer is like a crow-bar—I found the hammer on the prisoner's person.
(John Gent, well-digger, of Whetstone-hill, gave the prisoner a good character.)
GUILTY— DEATH . Aged 27.
Third Jury, before Mr. Sergeant Arabin.
887. WILLIAM JONES was indicted for feloniously assaulting Frederick Bennett Humphrey, on the 22nd of March, at St. Giles-in-the-Fields, putting him in fear, and taking from his person and against his will, 1 watch, value 3l.; and 1 watch-guard, value 2s.; the goods of the said Frederick Bennett Humphrey.
FREDERICK BENNETT HUMPHREY . I am servant to Mrs. Moss, of 27, Charles-street, Berkeley-square. On the 22nd of March, between twelve and one o'clock at night, I was returning from a walk—I did not leave home till late—I do not always walk out so late, but I had been in-doors all day—I am a footman—I am still in the same place—I was perfectly sober—I saw the prisoner at the corner of Windmill-street, Coventry-street, Haymarket—my attention was attracted by a man in the street—whether he was drunk or shamming I do not know, but I went up and spoke to him—he was taken away by a policeman, and after that, there was standing by me, the prisoner, another man, and two girls—both the men were strangers to me—the girls asked me to stand some drink—they were strangers—I had not spoken to them—I said I had no money, or I would—that was to get rid of them—the prisoner offered in a very kind manner to give me a glass of ale if I would accept it—I accepted the offer—we were to go to the nearest public-house—we went on—several were shut—the prisoner asked his companion if he did not know a house that was open where he could get it—he made some answer which I did not understand—
we went as far as Long-acre, near Mercer-street, and crossed over into a street which leads to Queen-street, Seven-dials—on the way there, the prisoner and the other man were talking about policemen, and the conversation ended by the prisoner saying, "How can a fellow help himself, when they (meaning the policeman) take him in this way?"—he then put his hand inside mycravat, put his knuckles to my windpipe, and pressed me against the wall forcibly—I could not call for help—he held my head up by his upper knuckles and my chin and jaw—he then put his left hand in my waistcoat pocket, and took my watch out—made a snatch at the guard—he let go of my neck and ran away—he had forcibly thrust me against the wall as I have described before he took the watch—the watch-guard broke by his pulling it—he got possession of the watch and chain and ran away—I immediately pursued him, calling "Stop thief," till I got into Neale's-passage, more than one hundred yards—he there tried to get into a doorway on the left of the passage—it was quite dark there—I knew he was there, by his hard breathing—I was afraid to touch him, being afraid of him—I called the police, who came directly from Great St. Andrew's-street, and the prisoner was taken into custody—he immediately threw out his hand, and the watch went against the wall opposite—I heard the glass fall out on some shavings—one of the officers picked up the watch—it is mine—the policeman kept him—I have not a doubt of his person—I was nineteen years old last June.
THOMAS KELLY . I am a policeman. On the night of the 22nd of March, I was in Great St. Andrew's-street, St. Giles—I went up Neale's-passage, on hearing the cry of "Police"—when I got there, I saw the prisoner and the prosecutor standing up—the prisoner stood with his back against the wall—the prosecutor seeing me said, "This man has robbed me of my watch"—I then seized the prisoner by the collar on the right side—my sergeant turned on his light—somebody said, "He has thrown the watch away"—I turned down and found the watch about a yard from his feet with the guard-chain broken—I took him to the station-house—this is the watch.
Prisoner. Q. Did you see me throw it away? A. No—I am certain there was only you and the prosecutor there when I came up—two men followed us down to the station-house, but there was nobody in the passage but you and the prosecutor—I saw nobody else—when I brought you out of the passage, two men came up.
WILLIAM RANDALL (police-sergeant.) I heard a call of "Police," and went towards Neale's-passage—I found the prosecutor there—I turned my light on, and saw the prisoner—he then threw something from his left hand—I said, "Something is thrown away"—I turned the light on, and Kelly picked up the watch—I saw the prisoner throw it away—we took him to the station-house.
Prisoner. Q. You say Kelly picked it up? A. Yes; Kelly had hold of you.
COURT. Q. Were there any other men there ercept the prosecutor and the prisoner? A. Not at the time he threw the watch away—two other men entered the court afterwards.
F. B. HUMPHREY re-examined. This is my watch and my guard-chain—it is broken.
Prisoner. Q. I wish to know if you were sober? A. Yes.
W. RANDALL. He was perfectly sober.
Prisoner's Defence. It is not a feasible thing—I had some friends yesterday—I do not know whether they are here—it is not feasible he would go that distance with a man, along Long-acre to Queen-street, for a paltry pint of ale, if he had been sober—I am as innocent as the child unborn—I was coming up St. Andrew's-street at the time it happened—he acknowledged he had been drinking.
GUILTY— DEATH . Aged 28.
Before Mr. Baron Guney.
888. GEORGE ELLARD and ROBERT WILSON were indicted for burglariously breaking and entering the dwelling-house of Rebecca Truman Nightingale, about the hour of twelve in the night of the 28th of February, at Lewisham, Kent, with intent to steal, and feloniotusly and burglariously stealing therein, 10 pairs of boots, value 2l. 10s.; 6 pairs of shoes, value 20s.; 5 cloaks, value 2l.; 4 shawls, value 15s.; 2 tippets, value 20s.; 1 boa, value 15s.; 1 scarf, value 1s.; and 2 brushes, value 6d.; the goods of the said Rebecca Truman Nightingale.
2nd COUNT, for burglariously breaking out.
MR. CRESSWELL conducted the Prosecution.
HENRY BENNETT . I live in the service of Miss Nightingale, at Black-heath. One side of the premises are by Church-road—there is a wall along that road, and behind the wall a garden and lawn—as you come round the steps leading to the ball-room, you come to the privy—there is a ladder generally placed against the laundry, about four feet from the privy—on the door side of the privy, there is a passage leading to the right into another passage—there is one door on the right, and another on the left, and another turning to the right again, leading into the cloak-room—therein door from the passage leading to the cloak-room into the garden, under the ball-room—on Saturday night, the 28th of February, I was the last person up—I am not positive whether the door leading from the privy pottage was closed or not—I left the next door fastened on the latch—the door leading into the cloak-room was also latched on the inside, and the door leading into the garden was both locked and bolted—there were ladies' boots and shoes in the cloak-room that night—I had cleaned them that night—I went to bed about twenty minutes before twelve o'clock, and came down next morning about eight o'clock—I found the ladder in the outer passage, which was not where it had been the night before—it had been on the other side—I passed the passage, and found the outer door open; I had locked and bolted it the evening previous—I found the cloak-room door open, and the things I had put there missing—I made it known to my mistress, and she came down—there were no marks of violence outside the garden door—it was opened from the inside by turning the lock and bolt.
JAMES HADLEY (police-constable.) I was on duty near the Green Man, in the Kent-road, on Wednesday morning, March the 4th, at twenty minutes before three o'clock—a cab came up to the turnpike—the two prisoners were in it—I stopped them in consequence of something, and took them—I searched them, and on Ellard I found three duplicates, and some good money on both of them—Ellard ran away from the cab at the time I was opening the station-house door—I pursued him, and secured him—he gave the name of John Roborts—Wiison gave the name of Robert Wilson.
the premises—it was on a Monday—I found several foot-marks at the bottom of the garden, at the back of the house—they were the foot-marks of two persons—some of them were much larger than the others—I carefully examined the doors, but could not perceive that they had been broken open—I found no marks of violence on any of them—I found a ladder opposite the privy door in the inner passage—a person could get over the door there by means of the ladder—I afterwards learned where the prisoners lived—they gave their proper addresses—I went to Wilson's with Wild the policeman—I went into the house, and found in a box two cloaks, five pain of ladies' shoes, one pair of boots, and two shoe-brushes—at Ellard's I found one pair of boots, but nothing else myself—I afterwards got the prisoners' shoes—I took Wilson's off his feet—Ellard's fell off when he ran away, and were picked up—I compared the shoes with the foot-marks on the premises, and they corresponded exactly with both the different sizes—Wilson, previous to our going to the magistrate's, said he might as well tell where the other articles were, for which there were no duplicates—it would make no difference to him, and Miss Nightingale might as well have them, and then he described what was pawned at Poplar.
COURT. Q. Did any body else lodge in that house? A. Not at Wilson's house—Ellard's mother and father lodged at his house—I knew nothing of the house before—I went to the room he directed me to.
JOHN FRANCIS . I am a pawnbroker, and live at No. 207, High-street, Poplar. On the 3d of March, the prisoners both came to my shop, one after the other—Ellard came first, and pawned a boa, a tippet, and this shawl, in the name of John Roberta, No. 16, High-street, Poplar—he said they belonged to his wife—I asked him very particularly about them—he asked 12s. on them, which I lent—Wilson came in just after him, and pawned this cloak, in the name of John James, High-street, Poplar—he said it was his own property—he asked for 7s., and I gave him 6s.
Ellard. I did not say the property was my wife's—he is not the person who saw me. Witness. I wrote the ticket—here it is in my handwriting—it is one of those found on him.
JAMES LAMB . I am shopman to Walker and Co., Waterloo-terrace, Commercial-road, pawnbrokers. I produce one pair of ladies' boots, one pair of ladies' shoes, and a lady's scarf, pawned on the 3d of March, I cannot positively say who by in the name of William Simpson, High-street, Deptford—this is the ticket I gave him.
EDWARD GILL . I am apprenticed to John Olive, a pawnbroker, High-street, Poplar. I produce a plaid cloak, pawned on the 3d of March, by Wilson, in the name of John Richardson, High-street, Poplar—he laid it was the property of his sister—I gave him this duplicate.
REBECCA TRUMAN NIGHTINGALE . I keep a boarding-school, at Black-heath, in the parish of Lewisham, Kent. On the 28th of February, my cloak-room was broken open and robbed—I have examined all the articles produced—they belong to me and my scholars—there is one shawl belonging to me, the other things belong to the young ladies in my house—I know
the prisoner Ellard—he lived in my service, and left on the 6th of November last—he lived with me for twelve months.
COURT. Q. Did it appear to you that it must have been done by a person who knew the premises, to find his way so well? A. Yes—the value of all the property is upwards of 7l.
Ellard's Defence. I never entered the house—I was that wav on Saturday night, and certainly was over the wall, for I left some geraniums then when I was there, and thought I would go and get them—but as to being in the house to get the things, I did not—for soon after we got over the wall my fellow-prisoner fell over something—he called me and told me so—when I got up to him, I saw it was a bundle, and we took it home.
Wilson's Defence (written.) On Saturday, 28th of February last, being in the town of Woolwich, and meeting with George Ellard, my fellow-prisoner, about nine o'clock in the evening, we went into the Hampshire Hog public-house, to take a glass together; and getting into conversation, we did not retire till near the hour of twelve. When proceeding homewards, in company with my said fellow-prisoner, we began talking of some geraniums I had at my house; when he, my fellow-prisoner, said he had planted two in the garden of the prosecutrix, in whose service he, my fellow-prisoner, had two months back lived as servant, and proposed, if I would accompany him over to the place, he would make me a present of one of them; and it not being far from my home, and at the same time not having proper command of myself, in consequence of the liquor I had taken, I did not at the time see the impropriety of complying with his request, and finally accompanied him to the place. When we got to the place, we found we could not get the geraniums without getting over the wall, which we accordingly did; but it being rather dark, and being in liquor, he, my fellow-prisoner, could not exactly find the place where he had set them, so we agreed to return back, and go home. Accordingly we left the place, and was proceeding homewards; but at a short distance from the place I came in contact with something, which threw me down; and on recovering my legs, found it to be a bundle, which we took home with us, and on examination we found it to contain wearing apparel; upon which discovery, he, my fellow-prisoner, wished me to keep it in my house till the morning, which I at first hesitated to do; but thinking there was nothing wrong, and my wife being from home, I consented, and in the morning, being Sunday, on my awaking and discovering what I had got, and nothing being mentioned in the neighbour-hood about any thing being lost, it was determined we should dispose of them; but my military duties engaging me the whole of Monday, and on the morning of Tuesday having to attend a concert, which ended at three o'clock in the afternoon, after which we came over the water to try to dispose of the property; and on returning home, being a great distance, and fearing to be late, we engaged a cab for our conveyance. When at the turnpike, in consequence of a dispute arising between my fellow-prisoner and the toll-keeper, we were taken into custody; and on arriving at the station-house, my fellow-prisoner being alarmed, he tried to make his escape, leaving me alone in the cab, where I remained till the return of the policeman and the cab-driver, who were accompanied by my fellow-prisoner, whom they had captured. I have held my situation in the army upwards of eight years, and that with propriety and good conduct, which the master of the band and my commanding officer can testify; but through this unforseen circumstance I am fearful I have lost my situation, and my wife and two small children are deprived of a father, and all means of support;
and I pray you, my lord and gentlemen, in mercy to my family, and being the first time I was ever in trouble, that you will take my case into your most serious and kind consideration. At the time the bundle was found, I was dressed in my regimental uniform; which, had I been going to plunder, &c, I leave it, gentlemen, to your judgment, to think whether I would have gone in that dress or not."
Ellard. While I was in confinement, Thomas asked if I had been on Miss Nightingale's premises on Saturday night, before ten o'clock—I said, "No"—he said two persons had been seen on the premises at ten o'clock, who were supposed to be me and my fellow-prisoner.
ELLARD— GUILTY.— DEATH . Aged 21.
WILSON— GUILTY.— DEATH . Aged 22.
Wilson strongly recommended to mercy, believing that he had been induced to
commit the offence by the other prisoner.
Before Mr. Justice Williams.
889. EDWARD SOUTHON was indicted for feloniously and burglariously breaking and entering the dwelling-house of Elizabeth Southon, about the hour of ten in the night of the 19th of March, at Hillingdon, with intent to steal, and stealing therein, 2 coats, value 1l. 15s.; 5 shirts, value 1l. 8s.; 2 waistcoats, value 8s.; 5 pair of trowsers, value 1l. 16s.; 3 pair of drawers, value 6s.; 1 waistcoat, value 2s.; 1 stock, value 6d.; 1 pair of gloves, value 1s.; 2 handkerchiefs, value 6s.; 1 pair of shoes, value 4s.; the goods of James Griffin: and 1 coat, value 1l.; and 1 waistcoat, value 3s.; the goods of Edward Knight.
EDWARD KNIGHT . I am a gardener, and live at Mrs. Elizabeth Southon's, in the parish of Hillingdon. On Thursday, the 19th of March, I went out about a quarter before nine o'clock, and left-Vincent in the house, and Mrs. Southon—there were some lodgers up stairs—I returned at eleven o'clock, and let myself in at the front door, of which I have a key—I went through the back kitchen and observed the window-shutter was taken down, and a pane of glass taken out of the window—I never saw that so before—there is a small bolt to the shutter—the pane of glass which was taken out was about two feet from the bolt—when the window is thrown open, the shutter can be taken down—I went to the back door—that was put too, but not bolted—I went up stairs to a room which Griffin lodged in—he was out—I found some things lying about his room—there was a book and some wearing apparel lying on the floor—I went to the Eight Bells, and called him—he came back with me directly—it was then about ten minnutes after eleven o'clock—we both went up to his room, and then I examined my room—I had lost a coat and waistcoat—the prisoner is the son of Mrs. Southon, but did not live in the house—he had been there several times, but did not sleep there while I was there—I saw my things next day, about one o'clock, in possession of Fair, the horse-patrol—my coat and waistcoat had been in a box in my room.
JAMES GRIFFIN . I was called by Knight, on Thursday evening, the 19th of March—I went to my room, and missed my'trowsers, waistcoats, coats, shirts, and wearing apparel—some were in my box, and some out—I had seen them all safe at nine o'clock that evening—I saw them again on Friday, between twelve and one o'clock, in the possession of Fair.
of Mrs. Southon's house, on Thursday night, the 19th of March, and met the prisoner about a quarter before twelve o'clock, between the eleventh and twelfth mile-stone on the Uxbridge road, about two miles and half from Mrs. Southon's, coming towards London, with a large bundle—I stopped him, and asked him what it contained—he said clothes, his own property and that he was going to a situation as a groom, in London—I took him into custody, and examined the bundle—I have had the things ever since—I found a pair of shoes in his pocket.
LYDIA VINCENT . I am servant in the house. I went to bed that night at half-past nine o'clock—I fastened all the doors—I fastened the back door with iron bolts—I remember doing it—I am certain of it—I fastened the kitchen shutter with an iron bolt—the window was whole then, I am certain—I fastened the shutters at eight o'clock, and the back door at the same time—mistress did not go to bed till after me.
JAMES GRIFFIN re-examined. I left this house at nine o'clock—Mrs. Southon was up then, and the servant—I came through the back kitchen at that time, and it was all fast—I came out at the front door, and locked the door after me—I had gone out at the back kitchen door just before nine o'clock, and bolted it after me, when I came in—I have seen there things—they were safe in my room at nine o'clock—they are worth 5l. or 6l.
GUILTY.— DEATH . Aged 21.
Before Mr. Justice Gaselee.
890. JOHN WRIGHT BALDOCK was indicted for that he, on the 15th of March, at St. Leonard, Shoreditch, in and upon Francis Brown, unlawfully, maliciously, and feloniously did make an assault, and unlawfully, &c. did wound him in and upon his head, arms, and legs, with intent feloniously, wilfully, and of his malice aforethought, to kill and murder him, against the Statute, &c.—2nd COUNT, stating it to be with intent to maim and disable him. 3d COUNT, stating it to be with intent to do him some grievous bodily harm.
FRANCIS BROWN (police-sergeant G 10.) The prisoner was a police-constable in the same division as me, for about a year and a half—on Saturday, the 14th of March, I put him on his beat in Shoreditch—it is my duty to visit my men as often as I think necessary—on the morning of the 15th I visited the prisoner, about ten minutes after three o'clock—I found him in New Inn-yard—he was leaning his head against the wall, asleep—I asked him if all was right—he said "All right, sergeant"—he attempted to pass by me from where he was standing—he staggered off the pavement into the road—he then regained the pavement, and staggered against the side of the houses—I told him he had been drinking—upon which he said, "No,"—I then said, "The fact is, you" are drunk."—I walked up behind him, and considered him to be drunk—I told him he had better accompany me to the station-house, for the Inspector to see him—the station-house is in Featherstone-street, Bunhill-row—he went with me, and when I arrived at the station-house, I told Burney, the Inspector, that I brought the prisoner in for being drank—the prisoner heard that—and I said for Mr. Burney to pass his opinion upon him—Burney, the Inspector, got up off the bench where he was sleeping—he came out and saw the prisoner, and
said, "You have been drinking"—upon which the prisoner said, "No,"—the Inspector said, "It is evident to me that you have"—the prisoner then said, "Very well, you know best"—upon which the prisoner pulled off his cape, and sat down in a chair in the station-house—I then asked the Inspector what I was to do for another man to take the prisoner's beat—he said, "Oh, I don't know, let him take his beat again, he is not so very drunk"—I said, "Certainly he is more collected than he was when I first taw him"—the prisoner said, "Do your duty, Sergeant—do your duty, Sergeant"—Burney said, "You have no occasion to instruct him to that effect, bat you have no occasion to take your beat without you like"—the prisoner said, "Yes, I will"—and got up and went out with the intention of so doing—I then 'went out and visited the chief part of my men again—I went down into Shoreditch, as far as Plough-yard, where I saw Turin, 41 G. and Lambert, 33 G.—I accompanied Tustin, to Holywell-lane, Shoreditch, and on reaching the corner of Holywell-lane, the prisoner rushed out and struck me a blow on the head with his fist—my hat fell off with the violence of the blow, and at the same instant he struck me a violent blow with his truncheon—he said, "You b—, you will take me in for being drunk again, won't you?"—I was at a lots to know what to do, being taken unawares and unprepared—I had my right hand tacked in the breast of my coat, and the other hand in my cuff under my cape—it was raining at the time—on receiving the blow, I expected another, and took to my heels and ran away from the prisoner as fast as I could—I ran down Shoreditch, on my own side of the way—(on the G. division side of the way)—I saw one of the H. division, standing on the opposite side, and crossed over to him—I called out to him for assistance I was pursued by the prisoner, he at the same time striking me over the shoulder, on my back, and on the blade-bone with hit truncheon—on reaching the opposite side of Shoreditch, hearing him close behind me, I turned round and faced him—I held up my arm to defend my head, having no hat on my head at the time—he struck me over my shoulder, in the muscle part of my arm, from eight to ten times—at last he struck me over my elbow with the truncheon, and I heard it crack—I then attempted to seize him with my right hand, to close upon him, and in to doing, I received another blow on the side of my forehead, which knocked me down, and stunned me for some time—that blow was given with the truncheom—he said, at that time, "I will kill you, you b—"—on coming to myself again, I received a terrible kick on my cheek-bone—the blood gushed out of my cheek, upon which, the man of the H division, and Tustin, came to my assistance—I said to them, "For God's sake, pull him off me, or he will kill me"—I heard Tustin say, "Pull him off, or he will kill him"—they took him off—I then got up and leaned my head against the shutters till I recovered myself—I then told the two constables I was a sergeant of the G division, and to bring the prisoner up to the station-house—I crossed over the way, on to my own side of the way, in Shoreditch—I had hardly gained the foot-pavement, when, upon looking round, I taw the prisoner running after me again—I saw he had no truncheon in his hand—I turned round and seized him by both hit arms—I then slang him round to my right, against some window-shutters in Shoreditch, the prisoner kicking me all the time on my legs—I said to him, "Baldock! Baldock! what do you want, what do you mean, why don't you gorern your temper?"—he grinned with his teeth in the most savage manner, and said, "You b—b—, I will murder you—I will do for you yet"—he was kicking me all the time in a
tender part of my person, and also on my legs—I could not pacify him—I slung him round to the right, and my left foot caught one of his feet—he fell down first, and I on the top of him—the other two witnesses came up—I desired them to spring their rattles, which they did—that brought several people up, and he was secured and taken to the station-house—as we were going to the station-house, he said more than five times, "Let me get at the b—, I will kill him"—and at the station-house, he said so several times, and on leaving the station-house, he said so—Sergeant Beresford was at the station-house—he saw and heard what was going forward there, and prevented the prisoner from coming to me—I remained at the station-house some time, till I recovered myself, and then I was taken home by two men—I went to bed directly—I was attended by Mr. Whittel, a surgeon—I was in great pain—my face bled, and my forehead was terribly bruised—I have recovered now, all but my leg, which is now as open wound, from a kick, which the prisoner gave me—sometimes there is a faintness and giddiness comes over my head—I kept my bed part of three or four days.
Cross-examined by MR. PHILLIPS. Q. Did not this unfortunate man appear very much irritated and excited all through? A. Yes, he was irritated and excited—in my opinion he had drunk more than he ought—all the police carry truncheons—I carried one that day—I did not put my hand round to pull mine out when he struck me—I ran from him as fast as I could—I received one blow from the truncheon, and one from his fist, before I ran away, but it was all done at the same moment—I was taken on the Monday morning, in a cab, to the Police-office—this happened on Sunday morning—I was not detained at the Office long—I gave ray accout of it, and returned—the prisoner has been in the police force about a year and a half, if I am not mistaken—at the time he was secured, Tustin struck him over the legs—I did not see any blow struck on his head—he was kicking at the time he was struck on the legs.
ROBERT BELLNAP . I am a private watchman, of Holy well-lane. I remember this Sunday, at four o'clock in the morning, I saw the prisoner in Holy well-lane—he asked me if I had seen Sergeant Brown—I told him I had—he asked me which way he went—I told him, on the next man's beat—he said then he would wait for his coming back—I told him he had better go round his beat—he said nothing to that—I asked what was the matter—he said Sergeant Brown had taken him to the station-house, and reported him drunk—I said, "Never mind, you had better go round your beat"—he said no, he would wait till he saw Sergeant Brown, and then he would give it to him—with an oath I said, "You had better go round your beat"—he made no reply—I turned round and left him at the corner of the lane—in about five minutes I heard something pass between Brown and the prisoner, and two or three more police-constables, but I did not go to them.
JESSE TUSTIN . I am a policeman. On Sunday morning. March 15th, I was in company with Brown at a little after four o'clock—I saw the prisoner in Holy well-lane—I saw him cross over to the same side of the way as we were, in Shoreditch—he made a rush at Brown, struck him with his right hand, and with the truncheon in his left, he struck him on the head or face—he was swearing violently at the same time, and said d—n him he would learn him to report him for being drunk—Brown immediately turned round—his hat came off—he ran as hard as he could, the prisoner followed him, and I followed too—I called out to the prisoner "Baldock, for God's sake what
are you doing? come back," but they were ten yards before me, I could not reach them—I came up to them at last—they were then both on the ground, and the prisoner was kicking violently, and swearing—Brown begged me for God's to take him off, or he would kill him—I took his truncheon out of his hand, and pulled him off Brown—he then said, "Let me alone, let me alone; d—him I should like to kill him, and then I shall die happy."
Cross-examined. Q. was not the prisoner struck by somebody on the head? A. I did not see that—I did not see his head afterwards.
HENRY RAWES WHITTELL . I am a surgeon. I was sent for on the morning of Sunday, about four o'clock, as soon as the prosecutor got home—I found him in bed—I examined him, and found several bruises on both legs, on his arms, and a severe contusion on the upper part of his forehead—it was more a contused wound, evidently from the blow of a blunt instrument—the skin was broken—the blows on the legs, I should think, were caused by kicking—there was one on the elbow, more severe than the rest—it was more a bruise than a wound—the forehead was swollen, there was a slight appearance of blood—the skull was not fractured—the blow on the head certainly must have been severe—in cases of contusion, the patient does not appear in danger at the moment, still for forty-eight hours I could not say he was out of danger—he is under my care now, but is doing well.
Cross-examined. Q. Were you not aware of his going to the poliec-office on Monday morning? A. Yes—I allowed him to go in a cab, but to return immediately, and go to bed—if I had thought there was immediate danger from the exertion, I should not have allowed him to go.
Prisoner's Defence. I was very much excited at being reported as drunk, as I should be discharged—it was throwing my wife and family in great distress at the time.
(Joseph Nash, Goswell-street; and Richard Greening dyer, Park-street, Borough; gave the prisoner a good character for humanity and mildness of disposition.)
GUILTY On the 3rd Count— DEATH . Aged 23.
LONDON AND MIDDLESEX LARCENIES, &c.
OLD COURT, Monday, the 6th of April, 1835.
First Jury, before Mr. Sergeant Arabin.
891. MARGARET COURTNEY BROWN was indicted for stealing, on the 4th of February, 2 coats, value 3l.; 1 waistcoat, value 10s.; 1 pair of shoes, value 2s. 6d.; 2 handkerchiefs, value 7s.; 1 seal, value 35s.; 4 pen-knives, value 5s.; 1 razor, value 5s.; 1 purse, value 6d.; 3 sovereigns, 2 half-crowns, and 2 shillings, the goods and monies of Stephen Walton, from his person.
STEPHEN WALTON . I have been a clerk in a timber-yard. On the 4th of February, between twelve and one o'clock at night, I was about to call on a friend in the Commercial-road—the prisoner accosted me in Aldgate or Whitechapel—she induced me to go home with her—I was quite
sober—I went home with her to her lodging, as I thought, in Essex-street, Whitechapel—the room was on the ground floor—I took off my boots and waistcoat, and kept on my trowsers—I had five sovereigns in ray trowsers pocket—I went to bed between twelve and one o'clock—I think I had given her some money—I know I did and to the best of my recollection, 6s. or 7s.—I did not take off my trowsers—we did not go into the bed—I was on the bed and fell asleep—I awoke about five o'clock in the morning and she was gone, my clothes were gone, and all my money out of my pocket—I lost five sovereigns, a coat, waistcoat, and a pair of shoes—I immediately gave notice to the police—I did not see any body with her—a man named Doyle was tried here—I was the prosecutor—he was convicted—I have never found my property—I swear positively she is the girl.
GEORGE SEAMAN . I am a policeman. I had information of the robbery—I was a witness against Doyle—he lived with the prisoner in Essex-court, at the house which the witness pointed out—I have known them living together there four or five months, as man and wife—I apprehended Doyle—I had seen the prisoner about the neighbourhood before the robbery, but after the robbery she absconded—I used all diligence to find her, but never saw her till I found her in custody—I saw her and Doyle together about half-past eleven o'clock at night on the 4th—I apprehended Doyle next morning.
HENRY COTTON . I am a policeman. The prisoner cohabited with Doyle at the house in question—I saw them together several times on the night of the 4th of February, from nine o'clock until twelve o'clock—she was suspected—I used every exertion to find her, but could not—I took her into custody in Wentworth-street, after Doyle was convicted—she always went by the name of Moggy Brown—since that she has gone by another name.
JAMES STACEY . I am a policeman. About half-past nine o'clock, on the morning of the robbery, I was called into the room—I saw the prosecutor who said he had been robbed—he described the woman—the prisoner answered his description.
GUILTY of stealing, but not from the person. Transported for Seven Years.
GUILTY . Aged 68.— Confined Eighteen Months for each offence.
NOT GUILTY .
JOHN PAIN . I am a butcher, and live at Waltham Abbey. Perry was in my service for about six weeks—he had to drive the hay to London, three times a week—he scarcely did any thing else—on the 12th of March, he, with a man, went with a load of clover hay—he left my place about three o'clock in the morning—he did not return—I afterwards saw some hay, which I have no doubt, was mine—I suppose there were thirty pounds, or more—I do not know the other prisoner.
HEZEKIAH WILMER (police-constable, N 202.) On the 12th of March I was in Kingsland-road, between three and four o'clock in the afternoon—I saw the prosecutor's cart going home towards Essex—it was empty—Perry was in the cart, and Hopkins was walking by the side—he was in conversation with Perry—I saw Hopkins take some coppers out of his pocket, and give them to Perry, who put them into his pocket, and gave a truss of hay out of the cart to Hopkins, who walked on with it—I went and stopped him—he said it was all right—I said, never mind; he mast come to the station—he then threw down the hay, and said, if I was going to take him, I should carry the load—I took him and the hay to the station, with the assistance of ray brother officer—I then got on the stage, and followed the cart, and took Perry.
Perry's Defence. It was not my master's hay—it was my own.
HEZEKIAH WILMER re-examined. The deposition of the prisoner was taken before the Magistrate—I saw the Magistrate sign it—(read)—"The prisoner Perry says Hopkins asked me to sell him some hay" and I did sell it to him for ninepence—I never did do such a thing before, and I will not do it again—it was hay, and taken out for the me of my master's horses—"The prisoner Hopkins says he did buy the hay—he paid Perry for it—it was one shilling, all in copper."
PERRY— GUILTY . Aged 16— Confined Six Months.
HOPKINS— GUILTY . Aged 24— Transported for Seven Years.
JAMES MARTIN . I am a wholesale slop-seller, and live in Houndsditch, the prisoner had been in my service three or four years to cut out work. On the 10th of March, as usual, he left work about hall-past twelve o'clock to go to dinner—I desired the foreman to follow him and desire him to return—he came back with my foreman—he could not have gone more than two or three yards—I asked him if he had any property of mine—he said no—his hat was then taken off, and two pieces of fustian found in it—I sent for an officer, and I told the prisoner I was pretty certain he had got more—he then drew two more pieces out of his trowsers, which I desired my clerk to mark.
Cross-examined by MR. DOANE. Q. He had been for some time in your employ? Yes—"There was no mark on it—I was certain it was mine—but I had this marked to distinguish which he took from his trowsers—they had all been, cut from one piece—rather more than four yards were missing.
GUILTY . Aged 50— Transported for Seven Years.
EDWARD LUNN SHARP . I am an eating-house keeper. On the 30th of March, about eight o'clock in the evening, I was coming over London-bridge—I felt my pocket picked—I turned and saw the prisoner going away with my handkerchief in his hand—it was thrown down in the road, and has not been found—I followed the prisoner, and gave him to an officer.
Prisoner's Defence. I was walking along, and this gentleman accused me of taking his handkerchief.
GUILTY . Aged 19.— Confined Nine Months.
ISAAC ALDERBERT . On the 24th of March, I was between the church and Temple-bar, about half-past seven o'clock in the evening—I felt my pocket picked—I turned, and saw the prisoner with my handkerchief in his hand, which he was rolling up—I took it from him, and watched him till I saw an officer, when I gave him in charge.
Prisoner's Defence. I was going on an errand—I kicked the handkerchief with my foot, and then took it up—this gentleman came and took it out of my hand—that was full a quarter of an hour before he gave me into custody.
ISAAC ALDERBERT . I saw him rolling it up in his hand—I should have taken him at the time I took the handkerchief, but there were three or four persons round him—one of them told me to keep off—there were two other handkerchiefs found on the prisoner—one he said was his own, and the other was his wife's.
GUILTY . Aged 23.— Transported for Seven Years.
ROBERT JARVIS . I am a tailor, and live in George-street, Blackfriars, On the 10th of March, about half-past eight o'clock in the evening, a person tapped me on the shoulder, and asked if I had lost any thing—I felt, and missed my handkerchief—the watchman had the prisoner.
JOHN LEWIN . I am a watchman. I saw the prisoner lift up the pocket, and take out this handkerchief—I took him, and he dropped it—I took it, and took him to the watch-house—there was another person with him.
GUILTY . † Aged 19.— Transported for Seven Years.
THOMAS ROBERTS . I am a tailor, and live in the Poultry. On the 5th of March, between seven and eight o'clock in the evening, I was near my window—I heard a noise, and saw a pair of trowsers go off the rail—I ran out, and saw the prisoner with them—he went across the Poultry, and down Bucklersbury, where he was taken.
Prisoner's Defence. I went out to seek for employment, but could not get any—my mother was in great distress, without food or firing—I saw the trowsers, and it was a great temptation.
GUILTY . Aged 19.— Confined Three Months.
JOHN JAMES GREEN . I am porter to William Oldham, of Union-street, Borough. On Saturday, the 14th of March, at a quarter before seven o'clock in the evening, I was in Wood-street, opposite Pickford's yard—I had occasion to follow a cart loaded with tea chests and bags—I had a truck, with about five hundred weight in it, and a little boy with me, and a dog—I saw the prisoner take the truss, or bag, out of the cart, behind the near wheel—he; placed it at the corner of Maiden-lane—as soon as I saw him take it I was convinced he was a thief—I seized hold of him—he took the tea off the cart and deliberately put it at the corner of Maiden-lane—I then took him—the cart moved on to Pickford's—I kept the prisoner till a policeman came and took him—the cart had gone into Pickford's yard.
Cross-examined by MR. CLARKSON. Q. Have you dined? A. Yes; I have taken nothing more than I usually do—I am quite sober now—I have had no spirits to-day—I think I might be two yards from the cart—it was not exactly day-light—it was a quarter before seven o'clock, in the evening—I saw the carman come round to the near wheel, and he asked the man who was in the cart how many he had coming out there—I had been a sufferer before myself—I took the man directly—I was determined he should not get out of my clutches—I had seen a policeman, and called "Thief! thief! thief!"—I was struck by three of them—the prisoner was very ressistable in the first instance—I took possession of the tea expecting that some one of the accomplices would come and take it.
STEPHEN POWELL . I was opposite Pickford's yard, and heard "Thief! thief! thief!" cried—I crossed over, and saw the last witness with the prisoner by his side—he said, "You are mistaken; it was not me;" the witness said, "It was you."
Cross-examined. Q. Had he got hold of him? A. He was stopping him, and prevented his coming past—I will not swear he got hold of him—the prisoner did not offer to run away—he stood quite unconcerned.
JURY. Q. Did you see any blows? A. No; I did not—there was a stoppage in the street.
ROBERT LUCAS . I was the carman—I had this parcel of tea in the cart—I did not miss it till the prisoner was taken—I found it in Pickford's yard with the prisoner—it had been safe in the middle of the cart about five minutes before.
JURY. Q. What state was the cart in? A. I had about fourteen loads—this one could not have rolled off.
Prisoner's Defence. I was in Wood-street, and stopped with the stoppage—there were five or six people round—I asked them if they had seen me do any thing—they said, "No"—I declare solemnly I am innocent.
GUILTY . Aged 28.— Transported for Seven Years.
GEORGE TAYLOR . I am a musician. On the 13th of March, at a quarter before seven o'clock, I was at the corner of King-street—I felt something at my pocket, and missed my handkerchief—I saw the prisoner on the opposite side, putting his foot on the curb-stone—I went and accused him of it—he said he was innocent—I said he should go to the station-house—
he said, "Very willingly"—when he got a short distance, he struggled very violently, and I saw him put his hand behind him—he dropped the handkerchief when I got him to the corner of Snow-hill, and the officer came and took him.
Prisoner's Defence (written.) Passing through King-street, Snow-hill, my prosecutor came up to me, and said I had got his handkerchief—I told him I had not—he immediately took me by the arm, and we walked twenty or thirty yards from the spot where he accused me with having his handkerchief—by this time there was a mob collected about us—I was then on the curb-stone, and the prosecutor going to the side of the house, picked up a handkerchief, which he said was his—he stated before the magistrate, that he never saw his handkerchief in my possession, but that he only suspected me.
GUILTY . Aged 19.— Transported for Seven Years.
902. JOHN ALLEN was indicted for feloniously breaking and entering a counting-house of John Parry, on the 18th of October, at St. Peter-le-Poor, and stealing therein 1 coat, value 4l.; and 1 umbrella, value 5s.; the goods of the said John Parry.
GUILTY .— Transported for Fourteen Years.
OLD COURT.—Tuesday, April 7th 1835.
Second Jury, before Mr. Sergeant Arabin.
JOHN BROOKER COOPER . I am a grocer, and live in Windmil-street, Finsbury. On the 19th of March the prisoner came to my shop and inquired the price of coffee—he said he wanted about 10lbs. to go on board the ship Calip for ship stores—I went round the counter, and showed him a bag of coffee—he approved of it, and said he would call in day or two and purchase it, and some other things as well—he went away—shortly after another young man came in and bought a trifling article—he entered into conversation with me—I was behind the counter—my back was turned from the door—about half an hour after the prisoner had been there, I heard some coffee fall—I looked round, and missed the coffee—I went out, and saw the prisoner running away with the bag—he dropped it four doors off—a neighbour stopped him, and brought him back—this is the bag.
Cross-examined by MR. CLARKSON. Q. The conversation about the coffee, I suppose, was very short? A. Yes—the coffee was nearly two yards from the door—it was not in a tempting situation—the other man came in about ten minutes after the prisoner left, and was in the shop three or four minutes. I heard the coffee fall about five or ten minutes after he was gone—I found the bag of coffee on the stones in the itreet—Mr. Price lives exactly opposite where it was dropped—I identified the prisoner immediately as the person who had been to the shop.
JOSEPH EDWAED PRICE . I was at my own door, standing in front of my shop—I heard Mr. Cooper cry "Stop him"—I saw the prisoner drop the coffee, and run—I immediately ran across and took him—I am certain he is the person who dropped it—I took it up, and took it to Mr. Cooper.
Cross-examined. Q. Had your attention been called to the door before this? A. No; my attention was first drawn to the business by the prisoner; and at the same time I heard Mr. Cooper cry "Stop him"—I did not we any other man—I cannot be mistaken in the prisoner.
Prisoner. Mr. Price said he did not see me drop the coffee, at the office.
GUILTY .* Aged 20.— Transported for Seven Years.
CHARLES HENRY WATERS . I am single, and life in Oxford-street—the prisoner attended there as charwoman—I missed artiolea which she had access to—she was at work there, and I accused her of it—she declared the had taken nothing.
JAMES ASHLEY . I am shopman to Mr. Aldon's of Berwick-street. I have two handkerchiefs, one of them was pawned by a boy, named John Smith, the other, by a woman whom I do not know, in the name of Mary Fowler.
WILLIAM THOMAS BARTON . I am shopman to Mr. Scott, of Oxford-street. I have two handkerchiefs pawned in the name of Sarah Bailey—I have seen the prisoner at the shop, but I do not know that she pawned them.
BENJAMIN SCHOFIELD . I am to officer. The prosecutor, applied to me—I went in search of the prisoner, and an the 12th of Mareh I went to No. 59, Poland-street—she was denied to me—I would not leave the house, having had information—I searched the house twice, and the second time found her concealed in a back room at the top of the house—I could not get her to open the door—I got a man in the house to knock at the door, and then she opened it—I brought her down stairs, and told her she was charged with stealing these things from the prosecutor's—she said she had, and was sorry for it, and would make him any recompense—on the Saturday I took her son into her presence, and asked her if she had given him the handkerchief to pawn—she said she had, and ne had pawned them in the name of John Smith.
Cross-examined by MR. PHILIPS. Q. Was it because there was no evidence against her that you tried to get a confession against her? A. No. I knew there were pawnbrokers who know her—I know what they said before—one here told me he knew the boy, and knew the prisoner to be his mother—I thought they would swear to her from what they said to me—she made the declaration in the public office before several others.
(Property produced and sworn to.)
(Jane Rodwell, Colwell-street;—Smith, Whiting-street, Portland-road; and Mary Canady, Portland-street; gate the prisoner a good character.)
GUILTY. Aged 32.—Recommended to mercy.— Confined Six Months.
MR. DOANE conducted the Prosecution.
RICHARD PALMER . I am a labourer, and live at Stepney. I was put into a cottage by Harrison, a policeman, to take care of it—on the 16th of March, the prisoner came there and presented a paper, which he said was a memorandum of an agreement between his father and the late landlord, Mr. Greenside—that his father had received a note from Mr. Gordon, the solicitor, instructing him to repair the roof of the house, and he came for the purpose of examining, and to go to Mr. Dempsey, the builder, for him to send a man to examine the tiles, and for Mr. Bampton to inspect the lend—he went on the roof, and after he had been there some time, he called for a hammer and nails, which I handed to him—after being there some time, I got up to see what he was doing—I found some loose pieces of lead in the gutter—I asked how they came there—(I had never been on the roof before)—he said he did not know, but he found them there—I said, "It is evident to me, they have been recently taken from their places"—I could see that, by the places over the sky-light and under the sky-light, it had been evidently removed recently—I told him so—he said he did know—I replaced the lead on the places—it all corresponded and fitted—after that, we both came down together—he left, and about three o'clock he came to show the same paper to Harrison, the policeman—I called him to Harrison, as he had stated that he wished to see Harrison, who lives a few doors off—he told him the same story as he told me—he went away—at six o'clock the same day, he knocked at the door, and said, "I desired you to keep that window shut," pointing to a window which was open—he bid me good night, and said he would be with me in the morning with Mr. Dempsey's man, about the repairs—about half-past seven o'clock, I heard a noise on the roof of the house like footsteps—I did not go up—it was quite dark—nearly an hour afterwards, I saw the prisoner in custody.
JURY. Q. Were the pieces of lead called "flushing?" A. I do not know—they were pieces which had been over the sky-light—I should think they could not slip down—they were not cut.
Prisoner. He said he saw me on Monday only, but he had seen me every day previous. Witness. Monday was the 16th—I had seen him on the premises frequently before, but he was not doing any thing on behalf of his father, his father had left the house—I am a green-grocer, and have lived in the neighbourhood thirty years.
Prisoner. Q. Did not I say that the lead did not belong to that place, but to the ginger-beer house, and it bad been left there? A. I never hand you say so—I will not swear you did not—I shut the window when he told me.
MR. DOANE. Q. Are you quite sure when you drew his attention to the lead that he never said a syllable about the ginger-beer house then? A. I am quite sure he did not—the lead fitted precisely, over the sky-light.
Prisoner. Q. When I asked you to fit them on, did not you say they did not belong to there? A. I saw that they did correspond—when you called for the hammer, you called for some wood, and nailed it over the broken glass in the sky-light—a chisel would wrench the lead up.
THOMAS SMITHERS . I am a policeman. I was on duty at Stepney, on the 16th of March, about eight o'clock in the evening, and saw the prisoner in Bedford-square, standing by the side of a bag—I turned round, and said, "What is in this bag"—he said, "Lead"—I said, "What are you going to do with it?"—he said, "To sell it"—I said, "Where?"—he said, "At Mr. Phillips's, in Whitechapel," and he had got it from his father's cottage, in
Cottage-lane, Mr. Jacob's—in consequence of something I had heard from his father, I took him to the station-house—he produced an agreement, and said his father had sent him in the morning to examine the roof, and he had been to Dempsey, who was to send a man to repair the roof—I afterwards fitted the lead—it fitted in every respect—the nails which were driven into the wall corresponded with the holes, and in the bag with the lead, was a chisel.
SAMUEL GEORGE GORDON . I am a solicitor, and agent to this estate for Alexander Crawford Bromekear—it is in Cottage-lane, Commercial-road. I never sent a letter to the prisoner or his father to repair the house—his father never bad a lease of the premises to my knowledge, and I believe he new had—there was never any agreement entered into on the part of himself and Mr. Bromekear—he has been distrained upon for rent on two different occasions; and after the last occasion, I believe, he absented himself from the premises—he applied to me for permission to quit the premises at the half quarter, he being a yearly tenant—this was about Christmas—there were two small buildings erected on the premises, which they called the; ginger-beer and soda-water manufactory—those buildings were pulled down on the 2nd of March almost entirely, and finished completely on the 3rd—they were affixed to the freehold—the lead and other things belonging to the building, were taken away a fortnight before the 16th—the prisoner's father built the soda-water place himself, and occupied it—he was not allowed to take it away—he threatened to remove it, but I told him it belonged to the freehold, and had become the property of the landlord—he had become a tenant of the premises from Michaelmas, 1832—he was to have had a lease for seven years, but no agreement was entered into, and when I asked him to take a lease he refused—he said his agreement was not signed, and he was not obliged to do it—there never was an agree-ment.
Prisoner. Q. You say my father bad no agreement for the house, (he had lived fourteen years in the place) how long have you been solicitor to, the freeholder? A. About three years—I believe the first attorney lived in Red-cross-street—there is no action going forward as to the prosecutor being the right freeholder—Mr. Bromekear is not receiving rents for the whole of the estate—he recovered the property by a process of ejectment—Mr. Clark is a tenant of Mr. Bromekear, and the personal representative of the late owner—there is not a word of truth in Mr. Bromekear not being the free-holder—your father never gave up the key to me, he was not in possession.
GEORGE HARRISON . I am a policeman. I put Palmer into possession of the house to take care of it, as it was deserted; on the 16th of March I saw the prisoner, he produced a paper to me, and stated that his father had received a letter from the solictor of the estate, to authorise him to go to Dempsey's to do the necessary repairs.
Prisoner. My father told you to take care of the premises. Witness. On the 3d of March he told me to give an eye to the premises—I got in, finding the back shutters open, and the place exposed; and not exactly knowing who the property belonged to, and your father having lived in the neighbourhood so many years, I put this man there to protect the property—the partition between the wash-house was pulled down, but not taken away—it was made use of to make good the fence which was dis—turbed—I took the beams to place up against the fence—your father did not tell me to go in and take possession—I found the gate and the door open—the pannel of the shutter was completely broken, and the back door
open—the garden gate and the rafters of the stables are on the premises—they were on the roof of the stable on the 16th of March, when I was there—he authorised me to take them down and take them in for safety.
MR. DOANE. Q. Did his father tell you why you were to give an eye to the premises? A. He said, "they have disturbed my premises"—he did not say who—he never told me who he complained of.
Prisoner's Defence. The lead found in my possession is the lead from the ginger-beer factory, which was pulled down three days before—it was not carried away, but being attached to the dwelling-house, it was placed on the roof, until we could fetch it away—I told Palmer, it was the lead from the ginger-beer house, and not from the dwelling-house—Mr. Dempsey has inspected the place, and to pull any lead from the gutters, I must have taken the whole of the tiles off the roof—they are small pieces of lead, which Dempsey himself put on when he built it for my father two years before—my father had a seven years' lease, which was out, and he had been four years in the house before Mr. Clark applied for rent; afterwards Mr. Bromekear said he was the owner.
MR. GORDON re-examined. I understand the prisoner's father has been in possession four or five years, but would never pay any rent—I have no meant of knowing how long he was in possession—the great uncle of the prosecutor had let the whole of the estate on a lease, for sixty-one years, which lease expired at Michaelmas last; but in consequence of an arrangement at the trial of the ejectment, the prosecutor was to receive the reads of the whole estate, two yean previously to the expiration of the original lease; and it was in consequence of this, that he claimed rent of the prisoner's father, before Michaelmas, 1832, but how long he had been in posession previous to 1832, I cannot state—I believe he had possession before that.
NOT GUILTY .
906. JOSEPH PEMBERTON , the elder, was indicted for stealing, on the 5th of March, 100lbs. weight of syrup of sugar, value 10l.; 100lbs. weight of syrup, value 10l.; 100lbs. weight of sugar, value 10l.; 1 horse-cloth, value 10s.; 1 chaise-cloth, value 10s.; and 1 cloak, value 10s.; the goods of Benjamin John Chapman, his master; and JOSEPH PEMBERTON , the younger, was indicted as an accessary.
MR. DOANE conducted the Prosecution.
WILLIAM DAVIS (police-constable K 254.) On the 5th of March, I was on duty in Whitechapel-road, about eight o'clock in the evening—I saw the prisoners with a child's four-wheeled chaise—the younger one had a parcel on his back, containing a kettle full of sugar; and there was a large fish-kettle in the chaise full of sugar—I asked what they had got—they said, sugar—I asked where they were going to take it to—the elder one said, to Holborn—I asked him where he was employed—he said, at Mr. Chapman's, Wick-lane, Oldford—that he was allowed perquisites of the scums and scrapings of the boiler—I was not satisfied, and took him to the station-house—I went to Mr. Chapman, who came with me to the station-house, and made a charge against him—he did not say a word to the charge—we went and searched their lodging, and found about 30lbs. of syrup, in the same state as the syrup at his master's premises; and in the cart was 60lbs. or 70lbs.—what the boy had was 75lbs.—the syrup at the lodging was in different vessels; some
was in a stiff state, which had been boiled—we found a chaise-cloth in the house, which the prosecutor claimed, and a package of nails.
Cross-examined by MR. PHILLIPS. Q. Did they give you their address? A. No—I asked where they lived—they said, near Old Ford, at Clay-hall—I found that correct—I took the prisoner's daughter up and took her to the station-house, half-dressed, but that was her fault—we waited for her an hour and a half—nobody searched her, to my recollection—I found no elder son at the prisoner's lodging—I drank nothing there—Mr. Chapman fetched some syrup in a bottle, and showed it to me before I went to the prisoner's house—we considered the daughter to be privy to the felony—she said something, in consequence of which I took her up.
BENJAMIN JOHN CHAPMAN . I am a wholesale refiner of sugar, and live at Wick-lane, Old Ford, Hackney—the elder prisoner has been five years in my employ, and ten years with my father—he had the care of the ware-house—the policeman came to us—my brother went to the station-house—I thought it must be a mistake, I had such an opinion of his honesty—I went to his lodging with the policeman, and saw various quantities of sugar in syrup—I saw the quantity found in the cart, it wae not scrapings or scam, or any thing of that kind, he had no right to take it—the cloths found on his premises are ours—I had similar syrup to this, in a state of manufacture, at the time—I have not a doubt of it being ours—one can was in a state that I can identify it positively.
WILLIAM OSMOND . I am clerk to Mr. Walker, the magistrate. I was present at the prisoner's examination—I took down a statement from the elder prisoner—this is my handwriting—it is signed by Mr. Walker—it was read over to the prisoner by me—(read) "Joseph Pemberton, senior, says: I certainly know I have done wrong—none of it has been told, and Mr. Chapman will have it all back—I hope he will be mereiful—I did not say I had taken it to London hundreds of times—I said I had been to London hundreds of times."
(William Parry, shoemaker, Hatfield-street, Blackfriars-road, and Joseph Wilton Griffiths, of Bromley, deposed to the prisoner's good character.
JOSEPH PEMBERTON, Senior— GUILTY. Aged 40—Recommended
to mercy.— Confined Nine Months.
JOSEPH PEMBERTON, Junior— NOT GUILTY .
THOMAS JOHN BOULTON . I am a silk-dresser, and live in Wilson-street. On the 14th of March, I was at the corner of Lawrence-lane, Cheapside, at twenty minutes after two o'clock—I felt somebody togging at my pocket—I instantly turned round and found my handkerchief in the hands of Conley, he instantly passed it to Murphy, who Attempted to turn it round his wrist—I seized his wrist and got it from him—one of them attempted to escape, and ran down the lane—they were both immediately secured.
(Property produced and sworn to.)
MURPHY— GUILTY . Aged 13.
CONLEY— GUILTY . Aged 15.
Transported for Seven Years.
SAUL SOLOMON . I am a furniture dealer. On the 10th of March, a man came into my shop, and wanted to sell me some oranges—I could not get him away for five or ten minutes—when I came out I missed a jug from the door—I ran and caught the prisoner with it, concealed in a blue apron—I asked how he came by it—he said he bought it for 2s.—I had not seen him near the shop.
NOT GUILTY .
909. HANNAH ELLIOTT and ELLEN COLLIER were indicted for stealing, on the 3rd of March, 1 watch, value 2l.; 1 watch-ribbon, value 1d.; 3 seals, value 4s.; and 2 watch-keys, value 6d.; the goods of Jacob Corbell, from his person.
JACOB CORBELL . I am a seaman on board the Mary, of Harwich. On the 3rd of March, my ship laid at St. Katherine's-docks—I went into the King William, New Gravel-lane, with two friends—I met the prisoner Elliott, there—I asked her to dance with me, and she did, once—I afterwards asked her to take a glass of gin, which she did—after that, went out, intending to go on board my ship—Elliott asked me to go into the Shakespeare's Head with her, which I did—we had two half-pints of gin, to the best of my knowledge, and nothing else—after that we went out—Elliott took hold of my arm, and one of my shipmates and another friend walked with Collier, who had been in the last public-house—I was walking along the street—Elliott asked me if I was going to sleep on shore—I said no, but I would recommend her to my friend, which I did—after that, one of my shipmates asked me to take his watch on board—I put it into my jacket pocket, and bid him good night—I wished Elliott good night—she put her arm round my neck, and I felt her draw the watch out of my pocket—I saw her step back and put it into Collier's hand—Collier then ran away—I took hold of Elliott and detained her—I was quite sober—Collier was taken up in about ten minutes.
Cross-examined by MR. PHILLIPS. Q. Who called the police? A. I believe it was Elliott—I had hold of her—I believe she called, but I will not swear it—she said something, but I do not know what—the policeman came up—my friend went on board with me that night—he went before the Magistrate—he is now gone to Dover—he told the Magistrate he did not see Elliott take the watch from me—he did not belong to my ship—he left his vessel to join another ship—he did not attend the second examination—I had had the watch between nine and ten years—Collier left my friend when it happened—he was close to her, and saw her run away—she came back after running away with the watch—she heard the alann—I cannot say she had run away when I took hold of Elliott—I should think she heard Elliott cry out—she returned of her own accord, and asked what was the matter—I said, "You know very well, you have run away with my watch"—she had been absent about ten minutes.
JURY. Q. What quantity of gin had you? A. I believe, to the best of my recollection, two half-pints—Elliott asked two other females to drink—there was five of us in the company.
WILLIAM CLAPSON . I am a policeman. I heard the alarm, and I went up—the prosecutor had hold of Elliott by the arm—there was a number of persons close by—I believe Elliott said, "This man accuses us of stealing his watch"—he said, "This woman has stolen my watch, and the
other one ran away with it"—I took them to the station-house—the prisoners were both there when I went up—the prosecutor was sober.
Cross-examined. Q. You found Collier there? A. I did—I came up not quite ten minutes after the alarm—I was not ten yards from the spot—it was Elliott's voice induced me to come up—the prosecutor and his friend were within two or three yards, quite near enough to see what passed—the prisoners denied the charge—they were both searched, but nothing was found.
Elliott's Defence. Immediately after he said he missed his watch, I called a policeman—we all went in company together—immediately he heard me call the policeman, he pulled a watch from his pocket and gave it to a young man, and said, "Take care of this."
Collier's Defence. I never left his company at all.
NOT GUILTY .
ABIGAIL COHEN . I am the wife of Mark Cohen, and live in Great Prescott-street. He is a traveller—on the 7th of March, I and my little boy were going to the theatre—I had in my pocket two sovereigns, a crown, five shillings in silver, and an order for the theatre—they were in my purse—when I came to Leadenhall-street, I took an omnibus—I put my pocket between my petticoat and gown, on my right side—I am certain my pocket and money were safe—there were two persons in the omnibus, one on my side, and one on the opposite side—I did not know those persons—a gentleman sat on the opposite side, in the corner, reading a book, or paper, and next to me was a man, who, to the best of my belief at that time, was the prisoner—on going down Fleet-street, the omnibus man gathered many passengers—a person said to him, "Here is sixpence, let me out at Temple-bar;" and, at that moment, the person who sat next to me ran out of the omnibus—I had felt a pressure on my right side more than once—the man had spectacles on, but whether green or blue, I could not positively say—they were coloured spectacles—I called out, "Good God! stop that man; my pocket is cut!"—the omnibus man said, "You had better get out, and get a policeman"—I believed the man with spectacles was the prisoner—I thought him rather rude, but took no further notice—I got out of the omnibus, and went to my friends at the theatre, thinking the order would be presented—I told a policeman what had happened, and he fetched an officer, who took me to a house in Wych-street, where I saw the prisoner—I said I thought he was the man—on the Saturday following we had him before the magistrate—my child was then with me—he said, "Mamma, you have made a mistake; the man in the omnibus was not pock-marked," and I cannot say that is the man—on that statement of the child, I consider I may have made a mistake—I pointed him out to the police as the man, because he had spectacles on—I have since seen a man so much like him, that if the prisoner had not been in custody, I might as well have said he was the man—that man had spectacles on.
JOSEPH KIRKMAN . I am a policeman. I saw the prosecutrix at Covent-garden theatre—she told me she had been robbed by a little thin man, wearing spectacles—I took her to a house in Wych-street, and found the prisoner, and three others, drinking at the bar—he had spectacles on—directtly
we entered the house, he took them off, and put them up his sleeve—the prosecutrix said, he was the man.
NOT GUILTY .
902. THOMAS HAYES was indicted for stealing, on the 17th of March, 1 apron, value 4d.; 2 sheets, value 10s.; 1 counterpane, value 13s.; 3 towels, value 1s. 6d.; 2 dusters, value 6d.; 3 shirts, value 18s.; the goods coat, value 6s.; 1 flannel shirt, value 1s.; 1 basket, value 1s.; the goods of Eleanor Elizabeth Stevenson. 2nd COUNT, stating the articles to belong to different persons.
ROBERT TIBNAM . I am a packer, and live in Union-street, Little Moorfields. On the 17th of March, I saw the prisoner in Mill's-court, about a quarter of a stoppage—he gave it to the prisoner, and ran away—the prisoner walked on with it—I hallooed, "Step thief!"—an officer came up at the time—I gave him to the officer—I secured him myself, with it on him.
Prisoner. Q. Did you see me with the basket? A. I did—two of them together were carrying it, one holding each end.
JOHN PRADE . This linen was in my cart, in Milk-street—there was a stoppage—I ran, to catch hold of my horse's head, to prevent his going through the window, and in that time this basket was taken—I was carrying it for Eleanor Elizabeth Stevenson—it was a clothes-basket, with two handles.
(Property produced and sworn to.)
Prisoner's Defence. I was returning home, up the street—another man was passing by—there was a stoppage of coaches and carts—the man hallooed "Stop thief"—a man dropped the basket just behind me, and ran by me—I walked on, and this man took hand of me.
GUILTY . Aged 19.— Transported for Seven Years.
JAMES COOK . I am a baker, and live in Shoreditch—the prisoner was my journeyman for three weeks or a month—I missed a gun which stood behind my shop door—the prisoner brought it into the bakehouse to me, and said it wanted cleaning—he took it away, but I did not tell him to do so—this was about Christmas. On the 9th or 10th of March I wanted it, and missed it—he was at work at another baker's opposite—I went over and asked what he did with it when he had it—he said he laid it on the top of the oven—I asked him to shew me where it was—he went over with me and said, "I laid it here"—it was not there—I said, "You must have taken it away"—he said, "If you think so, call in a policeman"—I afterwards called in a policeman, and went over to his master, who promised to speak to him about it—he said he would produce the gun in four days, but the policeman said he must take him—we found it at his father's—he seemed very partial to a gun—his father lives at Barkingside.
Cross-examined by MR. DOANE. Q. You found the gun where he told you? A. Yes; he told me it was getting rusty, and wanted cleanning—I had not seen it over the oven—I saw it in the bakehouse—we parted very
good friends—he did not say he had borrowed the gun, and had not time to take it back—I never lent it to him.
NOT GUILTY .
CATHERINE CRAWLEY . I know the house of William Jones, a linen-draper, in Tottenham-court-road. On the 16th of March, I saw the prisoner near the shop—he made a snatch at the cotton which laid at the shop door—he took four pieces, and dropped one in the door which I took up—he ran across the street to Percy-street, and was taken directly.
GUILTY . Aged 18.— Confined Three Months.
905. WILLIAM TAYLOR and GEORGE FITNESS were indicted for stealing, on the 22d of March, 5 curtains, value 12s.; 1 decanter, value 2s. 6d.; 6 glasses, value 9s.; 4 cups, value 6d.; 4 saucers, value 6d.; 3 knives, value 6d.; 3 forks, value 6d.; 3 spoons, value 3d.; 3 brushes, value 2s.; 1 curry-corah, value 6d.; and 1 lamp, value 6d.; the goods of Richard Keily, the master of the said William Taylor.
WILLIAM PEARCE . I am a policeman. On 22d March, at ten o'clock at night, I was in Cockspur-street, Charing-cross, about a quarter of a mile from the prosecutor's—I met Fitness carrying this carpet bag, with this property in it—I asked him what he was carrying—he said his matter's clothes—I asked where he brought it from—he said from a house in Pall-mall—I asked him the number of the house in Pall-mall; he could not tell me—I said then I should take him to the station-house—he said rather than go there, he would go back to the house he had brought it from—as we returned he laid he brought it from No. 6, Pall-mall—we went down Pall-mall, and found that was false—I told him I should not leave him till I saw whether he was right or wrong—he then took me to No. 6, Cleveland-row, which is the prosecutor's—he rang the area bell, and Taylor came up the area steps to answer the bell—I said, "I have stopped this man with a carpet bag, which he says is his master's clothes, and that his master has been dining here"—Taylor said, "It is quite right, I am sorry you detained him, he ought to have been home by this time with his master's clothes;" the servant girl came up, and also said it was right—I said, "Then I shall let him go; "he got about twelve yards from the house, when the prosecutor came out of the street door, and asked what was the matter—I told him, and he said, "I know nothing about a carpet-bag; where is the man? "I said, "There he goes;" he, hearing me speak to Mr. Keily, turned into Russell-court—I followed, but could not see him—I ran to the end of James-street, but could not find him—I returned, and said I believed he had escaped—the gentleman said the court was no thoroughfare, and he must he there—I returned again, and called a brother officer to come with his lantern, and at last I saw him run—I pursued after him—he was making his way across St. James-street—a man stopped him—I took him back to the court, and asked him for the bag he was carrying—he said he knew nothing of any bag—it was found and brought to me—I took possession of it—I detained him till Mr. Keily brought Taylor there in custody—the bag was locked—it was broken open, and the articles, named ill the indictment, found in it—the spoons are not silver.
Cross-examined by MR. DOANE. Q. Was Mr. Keily present when the bag was opened? A. He was—Fitness was flurried when I stopped him—Cleveland-row is nearly in a line with Pall-mall—the female servant also said, it was all right—I am quite certain Fitness is the man.
MR. RICHARD KEILY . I live in Cleveland-row. Taylor was my footman—he had been so between three or four months—I know nothing of Fitness—my attention was attracted by the conversation with the officer, and as so many robberies had been committed about that time I was determined to see about it—I said no gentleman had dined at my house that day—the moment Fitness heard me speak, he took to his heels and went down the court—I knew he could not get out of the court, it being no thoroughfare—he was taken at last, and I took Taylor to the station-house—the property in the bag is mine—some of it I swear positively to, and I believe it all to be mine.
Cross-examined. Q. What can you swear positively to? A. The glass was cut to match some I had of the same pattern, and the number corresponds with what is missing—I had not seen the curtains for a month—I missed none of my plate but a tea-spoon, and two dessert-spoons—Taylor had the care of my plate—the bag is not mine.
TAYLOR— GUILTY . Aged 30.— Transported for Fourteen Years.
FITNESS— GUILTY . Aged 27.— Transported for Seven Years.
NEW COURT.—Tuesday, April 7, 1835.
Fifth Jury, before Mr. Common Sergeant.
JOHN SAVAGE . I live in Racquet-court, Fleet-street. The prisoner was in my occasional employ—on the 14th of March, I sent him to the post-office with a bag,) containing nineteen packages of newspapers—I followed him immediately he took them out, and at the post-office I examined the bag—I missed three packages, containing forty-seven newspapers, worth about 1l. 6s.—not more than eight minutes had elapsed from the time he left my house—he went very rapidly—I took him just as he was putting them in at the post-office—I said, "How is it the string is untied?"—He said it was just as I gave it him.
Prisoner. I proposed to him to give me the direction, (and I would pay the postage,) to write into the country to know whether they had been received. Witness. Yes, he did; and I have no doubt they were received; but they were forwarded afterwards, and perhaps the same night—it was half-past five o'clock when I took him, and they take them in at the post-office till half-past seven o'clock—I followed him immediately he left my house—he went very fast, but I kept sight of him till he got to Queen's-head-passage—I then missed him—I went on to the post-office and waited three minutes till he came—when I found the papers were gone, I went home and sent duplicates of them.
NOT GUILTY .
Docks, on the 25th of March—I went down below to dinner, about two o'clock left my jacket on deck, near the foremast—I heard some one walking on deck—I came up and missed my jacket—this is it.
Prisoner's Defence. I was going round the Dock—a man asked me to put the jacket on, and take it out, which I did—he followed me till I was stopped; he then went away.
GUILTY . Aged 35.— Confined One Month.
GEORGE STATHAM . I live in Red-lion-street, Holborn, and am a butcher On Saturday afternoon, the 7th of March, I saw the prisoner and another person pass by my shop—one of them took a piece of pork, and I took the prisoner before he left the board—he dropped the pork before I took him—he said the other took it, and gave it him—but I saw him with it in his hand.
Prisoner's Defence. I never had it in my hand.
GUILTY . Aged 17.— Confined One Month.
BENJAMIN HEMMING . I am shopman to Mr. James Creed Eddels, of Piccadilly. On the 10th of March, I heard a pull at the door, and missed a pair of trowsers—I saw the prisoner not far off with them hanging on his arm—I ran and brought him back with them—these are them.
Prisoner's Defence. I saw a young mall drop them. I picked them up, and was walking on, looking for the person, when this gentleman came and took me—my friends live upwards of sixty miles off.
GUILTY . Aged 21.— Confined Two Days.
CHARLES WILLIAM CRECKELER . I live at Greenwich. On the 13th of March, I was in the shop of Mr. Tidmarsh, on Eyre-street-hill—I left my gig at the door, and my great-coat in it—I saw the prisoner pass two or three times—I saw him go to the gig and take my coat—I ran out—he saw me pursuing him, and threw the coat down—I still followed calling "Stop him"—when he got to the top of the hill, he was stopped—I am sure he is the person.
Prisoner's Defence. I saw a boy go to the chaise, and take out the coat—he dropped it, I took it up, and the gentleman took me.
GUILTY . Aged 19.— Transported for Seven Years.
HENRY DAWSON . I am shopman to a pawnbroker in East Smithfield—this coat was pawned with me in the name of John Kelly, on the 23d of February—I believe by the prisoner at the bar—I have no doubt but that the prisoner was the man, but I would not swear to him.
Cross-examined by MR. PHILLIPS. Q. Was it you took the prisoner up? A. Yes; I went to a public-house with him and his friend, as he begged me to let him have a glass of something to drink, as he was shivering and shaking—I had one glass of gin—the prisoner's friend paid for the half-pint that was had between us—I did not tell the prisoner I would do for him.
Prisoner's Defence. I met a man who asked me to buy this coat—he asked 12s. for it—I said I had but 5s., besides a bad crown-piece, but I would give him 9s. if he would wait while I went and pawned the coat, and gave him the 9s.
GUILTY. Aged 45.—Recommended to mercy.— Confined One Month.
WILLIAM WHITCOMBE . I live in Little Bell-alley, Coleman-street. On the 24th of March, I was standing in my shop—I had a piece of kersey-mere, containing 14 yards, inside my shop—the prisoner came and took it, he ran off—I followed, came up to him, and took it from him—he only came into the shop far enough to get it.
GUILTY. Aged 29.—Recommended to mercy.— Confined Three Months.
HENRY CHRISTOPHERSON . I am in the service of Mr. Seth Smith—he keeps the Pantechnicon, in the parish of St. George's, Hanover-square—we had a clock placed there for sale, by Mr. Adam—I missed it on the 5th of March—this is it.
WILLIAM FITCHER . I am a pawnbroker—I produce this clock—the prisoner brought it to my house to pawn on the evening of the 5th of March, about 7 o'clock—I lent him 1l.—he wanted more—I told him if it would do for any further advance I would let him have it on the Saturday—he came on the Saturday, and we detained him.
(The prisoner received a good character, from Mr. Bevan, an upholsterer, of Well-street, St. Mary-le-bone, to whom he was apprenticed, and who engaged to take him again.)
GUILTY. Aged 17.—Recommended to mercy by the Prosecutor and Jury.
Confined One Month.
MARY BIRBECK . I am the wife of William Birbeck—we keep the White Swan, in Coleman-street—I never saw the prisoner till the 29th of March, when he came to our bar and inquired for a lodging—I let him one—the articles stated were in the room he slept in—on leaving my room the next morning, at twenty minutes before 9 o'clock, I met him coming out of the room he had slept in—I begged him not to shut the door, but he did shut it—I went in and missed a sheet—I called over the balustrade for him to be stopped—he had got out of the house, but was followed and brought. back—this sheet was found round his body, the coat on his back, and in his hat this shirt.
(Property produced and sworn to.)
The prisoner pleaded poverty.
GUILTY . Aged 20.†— Transported for Seven Years.
CHARLOTTE FARMER . I am the prosecutor's sister—I was sitting in the room on the 14th of March, and heard a chinking of silver—I went into the shop, and saw the prisoner in the shop outside the counter—he asked me for a pipe—I got one but did not give it to him—I saw the till was hardly shut—I opened it, and missed some silver—I do not know how much—I had seen it a quarter of an hour before—I believe there was a half-crown there, but I am not sure—some customers had been in, but I had not paid any money to them—I told the prisoner he had taken some silver—he made no answer, but ran out of the shop—he was followed, and taken—a half-crown was found on him, and some sixpences.
JOSEPH HOSKINGS SILBY . I was in the employ of Mr. Farrant—I saw the prisoner in the shop—he ran off—I pursued him—he turned down Dorset-street, and dropped his hat when he saw I was close behind him—he ran on and left his hat—I still followed him—he turned down Stepney-causeway, and when he got to the bottom I lost him—he was brought-back afterwards.
GEORGE CLACK . I saw the prisoner running, and looking at some silver in his hand—there were two half-crowns among it, I am quite sure—he put the silver in his pocket—I saw his hat fall from his head.
JOHN ROBERTS . I am a police-officer. I took the prisoner—I found on him two half-crowns, one shilling, and eight sixpences in this bag—he told me where his father-in-law lived—I went, but there wat no such person known there.
Prisoner's Defence. I asked her what she meant by accusing me—the officer took out the money I had in my bag, and showed it her—she then said she believed there were two half-crowns—when I left home I had 10s. 8 1/4 d.—I met a young man, and we had a pot of beer—I then left him and went to their shop—I asked for a pipe—she opened the till, and accused me of robbing the till—I asked what she meant—she reached out her fist to me—I ran out, and my hat dropped off—I was going for any father to swear what money I had on me when I went out—I went into a public-house to get a pint of beer, and the officer came in and took me—I told him what money I had got in my pocket, and it was my own—my father had paid me 12s. for my week's work—there was one battered sixpence among my money, on which my father used to sharpen his needls.
GUILTY . Aged 19.— Confined Three Months.
916. WILLIAM JAMES THOMPSON was indicted for stealing, on the 2d of March, 1 gelding, value 16l.; 1 cart, value 5l.; 1 set of harness, value 1l.; 1 saddle, value 7s.; and 1 breeching, value 7s.; the goods of John Spells.
JOHN SPELLS . I live at South Minster, near Maldon, in Essex. I have a little land there—I saw the prisoner on the 25th of February, at a public-house, about three miles from my house—he came in while I was there, and said he was in distress—I told him if he went home with me I would give him some victuals, and a night's lodging, and as we were going along I gave him 1s., and told him what he had he should pay for—I stopped in going home, and sent him home with the horse and cart—when I came home I found my horse and cart and the prisoner there—he stopped that night—I did not like to turn him out on the Sunday, and he asked if he might stop another night in the stable—he said he was going to London on Monday by the barge—he was locked in the stable again on the Sunday night, at eleven o'clock, and between six and seven o'clock the next morning he was gone, with my cart, and gelding, and harness—I saw them again at Mary-le-bone on the Friday following.
THOMAS LOWE (police-constable S 200.) I went, in consequence 'of information, to a public-house in St. John's Wood-road, Mary-le-bone—I found the prisoner there—I asked him how he came in possession of the horse and cart which had been driven into Mr. Arnold's livery-stable the night before—he said he brought it there himself, and it belonged to his brother-in-law; and that he was employed by his brother-in-law, who gave him his meat, lodging, and clothing—he said his brother-in-law lived at South Minster, in Essex—he said he had been a sailor, and had run away in consequence of the usuage he received from his captain.
Prisoner. Q. Are you the man that spoke to me first? A. Yes; you said you had run away from the barge Nina, and went to your brother-in-law, and had been employed by him—I found a letter on you—there was another person taken, but he was discharged—I was not long in the house before I spoke to you—I might have been out of the room a minute or two—I never lost sight of the door—I got to the public-house about seven o'clock—I did not stop to warm my hands more than ten minutes—I took you into custody at that time.
CHARLES COOK . I am in the service of Mr. Arnold, a livery-stable-keeper, in St. John's Wood-road. On the 2d of March, the prisoner came there with a horse—he asked me whether I could take them in for the night—I said, "Yes"—he asked what I should charge—I said, "Three
shillings and sixpence"—he said very well, he should call for them in the morning, but he did not, and I did not see him till nearly four o'clock, when he was in the public-house adjoining the stable—I asked him if he was going to have the horse away—he said no, he should let him stop there all that night—he then asked if I knew any person who wanted to buy a cart and saddle—I said, "No"—he then came into the yard, and asked whether I knew any person who wanted to buy the horse—I asked what he wanted for it—he said nine guineas—I said I knew a man who would give him five guineas—he said no, he would not take less than six guineas—he went into the public-house—I went in afterwards, and he said I should save the horse, for five guineas, and his keep—I came out, and saw the policeman, and beckoned him—I showed the same noise and cart to the prosecutor.
Prisoner. Q. You swore that the evidence you gave before the Magistrate was true? A. Yes—I live at No. 6, Upper Copeland-street—you asked if I knew any one that would buy the can and saddle—that was the first you said—there were people there, but I did not know them.
Prisoner. I went in the yard, and saw him near the gate—I said, "Let me look at the horse, have you given him any corn?"—he said, "Yes"—I said, "Did he eat any hay?"—he said, "Yes, I filled the rack," and in course of conversation he said, "I will give you 5l. for the horse"—I said it was worth 15l. if it was in any condition, but he was not in condition, but he was worth 10l.—I said it did not belong to me. Witness. No, you said it was your brother-in-law's—you mentioned first about selling the horse.
Prisoner's Defence. I did not pretend to be in distress, when I met the prosecutor, he treated me with bread and cheese, and said he would give me a night's lodging, and a good supper, and I should stop all Sunday—as we were going along he gave me a shilling, and said he kept a jerry shop, and what I had I should pay for—when became home he wms drunk, and he gave me no lodging but in the stable—he did not tell me on the Sunday that he would give me another night's lodging—but the man put me into the stable—I do not deny taking the horse and cart, and bringing is to London; at I had left the barge, how was I to get to London? but I had no intention of stealing it; and when I got here, I wrote a letter, which the policeman found on me, to tell the prosecutor when his horse and cart were—I had not power to walk to London.
GUILTY . Aged 28.— Transported for Life.
917. GEORGE BLETCHER was indicted for stealing, on the 14th of March, 1 handkerchief, value 2s. 6d.; the goods of Robert Savage; and 1 handkerchief, value 2s. 6d.; the goods of William Lance, and another.
ROBERT SAVAGE . I am shopman to Mr. William Lance, and another, Broad-street, Ratcliffe, pawnbrokers. On the 14th of March, in the evening, the prisoner came to redeem a blanket—I sent the boy to fetch it down, and left the prisoner in the shop while I went outside—when he was gone, missed two handkerchiefs off the counter—I had seen them safe a quarter of an hour before—these are them—one is my own, and one ray employers.
THOMAS HAINES (police-constable H 201.) I was called that night to Austin's, a pawnbroker in Shadwell—he told me, in the prisoner's presence, "that lad has offered this handkerchief (which belonged to Lance for pledge,) and I think it is not all right"—showing me at the same time the private
mark on it—I asked the prisoner where he got it—he said, he had taken it out of pawn that day at Lance and Cos'.—I said I would take him there; which I did—I asked Mr. Lance if he had taken it out of pawn—he said he had not, and that this was their shop-mark—I then took him, and found this other handkerchief in the flap of his trowsers—he said he had stolen this one, but the other he took out of pawn.
(Mary Ann West, a publican, at Shadwell; and John Harrington, of Ratcliff, gave the prisoner a good character.)
GUILTY .—Aged 16.— Confined One Month.
JOHN CROWDEN . I live with Mr. William Lance, and another, pawnbrokers, Broad-street, Ratcliff. On the 19th of March, at a quarter before eight, the prisoner came into the shop—she was tipsy at the time—as soon as she was gone I missed a shawl, which I had seen safe half an hour before—she had got about half-a-dozen doors off—I went after her, and told her to come back as we wanted her—she was coming back, and threw the shawl down behind her.
Prisoner. I am innocent; he did not find the shawl on me. Witness. She had it in her hand behind her, and I saw her throw it down.
GUILTY .— Confined Fourteen Days.
GUILTY.—Recommended to mercy.— Confined One Month.
RICHARD EVANS . I am in the service of Thomas Capps, of Old-street-road, a pawnbroker. On the 10th of March, our shopman was using these steps, between six and seven o'clock in the evening—they were left outside—I went to look after them and I saw them on the prisoner's back—I took hold of him—he struck me, and knocked me about with a mop-stick—I would not let him go, and he dragged me over some mud, and threw me down on it—I was then forced to let him go—I called after him, and two beadles stopped him.
Cross-examined by MR. PRENDERGAST. Q. He had got away from you? A. Yes, but he did not get out of my sight; I ran after him with the beadle.
Cross-examined. Q. Did you lose sight of him? A. Yes; I did not follow him till I had heard that the steps had been stolen—I first saw him in Old-street, about twenty yards from the prosecutor's.
(Property produced and sworn to.)
Prisoner's Defence. I was the worse for liquor—I was in company with
a carpenter—we went to the London Apprentice—I left my own goods outside the door, and it appears I had the steps—I do not know whether they are his or not.
GUILTY . Aged 21.— Confined for Seven Days.
921. JOSEPH BENGE was indicted for stealing, on the 24th of March, 452lbs. of lead, value 4l. 4s.; the goods of William Rowley, upon a certain wharf, adjacent to a certain navigable river, called the Thames.
WILLIAM ROWLEY . I am a plumber, and live in Howland-street, Fitzroy-square. The prisoner was in my employ—I had four hundred weight and three pounds of lead, on Whitehead's Wharf, Earl-street, Black friars—I saw it safe on the 24th of March.
ROBERT CARTER . I am in the employ of William Bellamy, of Fleet-lane, a dealer in marine-stores. The prisoner brought 7 cwt. of lead there, which I bought at 7s. a cwt.—I paid him 4 guineas—the lead was taken to the Compter.
(The prisoner put in a petition, pleading extreme distress.)
GUILTY. Aged 20.—Recommended to mercy .— Confined One Month.
ROBERT GIBSON . I live in the Old Bailey. On the 1st of April, I was walking up Fleet-street—I felt something at my pocket—I put my hand into my pocket, and my handkerchief was gone—I turned and saw the prisoner—I said he had taken my handkerchief—he said he had not—he was close behind me.
ROBERT MASON (City police-constable No. 91.) I know the prisoner by sight—I saw him on the 1st of April, about twenty minutes after four o'clock, walking behind this gentleman—I watched him, and saw him draw a redcoloured silk handkerchief from the gentleman's pocket, and he gave it to another person—I could not get across in time enough to take them both, but I took the prisoner, as the prosecutor was talking to him.
Prisoner. When you came up, you asked the prosecutor what he had lost? Witness. No; I said directly, that I saw you draw the handkerchief.
(The prisoner put in a written defence, declaring his innocence.)
GUILTY .* Aged 17.— Transported for Seven Years.
HENRY JAMES PRESTON . I live in Threadneedle-street. On the 23d of March, I was in Picket-street—I lost my handkerchief there—I did not miss it till I was told of it—I went to the prisoner and charged him with having it—I put my hand into his trowsers' pocket, and found it there—this is it.
him—the other person took the handkerchief from the prosecutor's right-hand pocket, and gave it to the prisoner—he was a lad about eighteen—he made off when I spoke about it.
GUILTY . † Aged 23.— Transported for Seven Years.
ALFRED ROBERT HOLE . I live in Edward-place, Aldersgate-street, and am a medical student. On the 28th of March, I was in Cock-lane—I lost a handkerchief—I saw nothing of the matter myself, but Mr. Smith showed me the handkerchief—it was mine—I had had it in my pocket.
JOHN SMITH . I live in Cock-lane, and am a surgical instrument maker. On the 28th of March, I was in my shop, at twenty minutes after twelve o'clock—I saw the prisoners together—I watched them—I saw Witford take the handkerchief from the prosecutor's pocket, and give it to Hickman—I tried to seize them both, but I could not—I seized Hickman, and found it in his trowsers' flap—I called the prosecutor, who identified it, and described the marks on it.
----BATES (City police-constable No. 34.) I took Hickman and the handkerchief.
Hickman's Defence. This boy was not with me.
Witford's Defence. I know nothing about it—I was not with this boy.
HICKMAN— GUILTY .* Aged 15.
WITFORD— GUILTY . † Aged 18.
Transported for Seven years.
WILLIAM POWELL . I live in Charlton-street, Westminster-rotd. On the 8th of March, I was in Bridge-street, Blackfriars—I saw the three prisoners together, they were talking, and seemed to be acquainted—they were walking fast after Mr. Biddle, and I saw Johnson take a handkerchief from his pocket and put it into a hand, but I cannot say whose hand—they then went down a turning, which I think is Water-lane—they then came back and went towards the bridge—a young man, who was with me, went after Mr. Biddle, and I followed the prisoners over Blackfriars-bridge—I saw them all taken—the handkerchief was found on Grady—they would not know one another.
Grady. Q. Was this in Water-lane? Witness. No, in Bridge-street, and you went down Water-lane—I was on the other side of the way, but I crossed after you—I did not hear Roberts speak to the others, but the others followed a gentleman down Bankside, and I went after them.
Johnson's Defence. This policeman will swear any thing—he told me he was suspended for a month.
Grady's Defence. I was going over the bridge, and happened to kick this handkerchief—I picked it up, and put it into my pocket—this policeman came and said he wanted me—I know nothing of these two prisoners—I do not think that Johnson was with me—that person was taller, and had not a hat-band on his hat.
JOHNSON— GUILTY . Aged 21.
GRADY— GUILTY . Aged 18.
Transported for Seven Years.
ROBERTS— NOT GUILTY .
GEORGE BURDETT . I was walking in Broad-street, St. Giles's, on the 30th of March. I felt a twitch, and turned, and saw the prisoner with my handkerchief in his hand—I took it and made an attempt to take him, but he escaped into the coal-yard, where he was taken—this is my handkerchief—I saw it in his possession.
GUILTY . Aged 18.— Transported for Seven Years.
OLD COURT.—Wednesday, April 8th, 1835.
Third Jury, before Mr. Sergenat Arabin.
927. WILLIAM FLOOD was indicted for stealing, on the 2d of April, 1 purse, value 6d.; 1 half-sovereign, 3 half-crowns, 18 shillings, 8 sixpences, and 3 halfpence; the goods and monies of William Ridley, from the person of Mary Ridley.
MARY RIDLEY . I am the wife of William Ridley, and live in Castle-street, Shoreditch. On the 2d of April, I was on the dickey of the Clapham coach—I had about 2l. 15s. in my pocket, there was half-a-sovereign in my purse, and the rest was half-crowns and shillings loose in my pocket—I saw a person near the coach-side taken into custody—he had been hanging on behind the coach—the moment he was seized I found my pocket had been cut, and some money, which remained, fell about the dickey when I got up—I have recovered, altoghether 2l. 14s. 6d.—my pocket was on my side.
JAMES MALLARD . I am a coachman. I was not driving the coach, but sitting on the roof, behind the box—I saw by the shadow of the gas-light there was somebody hanging behind the coach, close to the prosecutrix—I looked behind, and saw somebody putting his hand towards her petticoats behind—I told the driver to go on steadily—I jumped off the coach, pulled the prisoner down, and said, "You have been cutting this woman's pocket"—the prosecutrix got up, and four half-crowns, 3s., and a half-penny fell out of her pocket—I held the prisoner, called a policeman, and gave him in charge—some money was found on him—I do not know how much.
Cross-examined by MR. PHILLIPS. Q. Did the prisoner have the pocket in his hand? A. No; her pocket was tied to her side—the money fell out of part of the pocket—he had the purse in his hand.
JOHN HUMPHERY . I am a patrol. I was on the bridge, and took the prisoner into custody—he had a steel purse in his hand, which I caught sold of—he made a blow at me, and fell backwards—I seized hold of him, and he dropped the purse out of his hand, with half-a-sovereign in it.
Cross-examined. Q. Might not the purse have fallen out of her pocket? A. No—it was in his hand.
(Property produced and sworn to.)
Prisoner. When I was at the station-house, he said he felt something in my hand—he did not know what it was. Witness. I did not say so.
GUILTY .— Transported for Fourteen Years.
Before Mr. Baron Gurney.
928. GEORGE SMITH was indicted for feloniously and burglariously breaking and entering to the dwelling-house of Harriet Scurr, at St. Mary Matfelon, otherwise Whitechapel, about the hour of nine o'clock in the night, on the 19th of March, with intent to steal and feloniously and burglariously stealing therein, 1 weighing-machine, value 16s., her property.
HARRIET SCURR . I am a widow, and live in Back Church-lane, in the parish of Whitechapel. About nine o'clock, on the evening of the 19th of March, I was sitting in my parlour, adjoining my shop—the shop door was shut, and bolted at the top—I heard a noise, and ran into the shop—I found the door standing open, and missed the weighing-machine off the counter—I looked out, but saw nobody but a policeman coming by—I gave an alarm—I found part of the machine lying in the gutter, near the door—the machine was brought back in about twenty minutes, and the prisoner was taken to the station-house—it is a half-hatch door; a person could put his hand over, and unbolt it.
JOHN WRIGHT . I am a policeman. I was on duty in Back Churd-lane, on the 19th of March—I saw a brother-officer who gave me information—I went down Elizabeth-street, and saw the prisoner and two other boys—I seized the prisoner, and found this machine on him, which I produce.
Prisoner. I told him it was not mine. Witness. The other two boys ran away—I knew one of them by sight.
Prisoner's Defence. I went into a coffee-shop, I met these two boys, who asked where I was going—I told them I was going to the Commercial-road about some mats—they said they were going that way—as they went along, one of them went up the street, and brought down this thing—I asked what it was—he said they weighed with it, and he had fetched it from his brother-in-law's—he asked me to hold it while he went over to knock at a door on the other side of the way—the policeman came and caught hold of me, and they ran away.
GUILTY of Stealing only. Aged 18.— Transported for Seven Years.
Before Mr. Justice Williams.
929. GEORGE COOPER was indicted , for that he, on the 10th of March, upon Louisa Palmer, feloniously, unlawfully, and maliciously did make an assault, and feloniously did stab and wound her in and upon the right side of her back, with intent to murder her.—2nd COUNT, stating it to be with intent to disable her.—3d COUNT, stating it to be with intent to do her some grievous bodily harm.
LOUISA PALMER . I am sixteen years old. In March last I was residing in Greek-street with my sister, who is a dress-maker—my home is at Brighton—my father and mother live there—I have known the prisoner
twelve months—I knew him at Brighton for nine months—he has been a sweetheart of mine—he has paid attention to me all that time—I believe he is just turned eighteen years old—he has been to my sister's to see me, but was not let in—I met him in London several times—the night before the 10th instant, I was with him until eleven o'clock—we parted friends, and never had been otherwise—he came about three o'clock on the 10th—I left the house with him about half-past nine o'clock—he had remained there from three o'clock—I went to his brother's with him, in Portland-place—he was in service there—I did not stay there—he then took me to the Dover Castle, and there we had two glasses of gin-and-water between us, but our friends partook of it—we left there about half-past eleven—there bad been no quarrel up to that time—he left with me—there was a man selling oysters, and we took some oysters—the oyster-man went into a watering-house—the prisoner wanted me to go into that house too, which I refused—he went in himself, and got an oyster-knife—I did not see him get it, but he told me he had given 1s. for the knife—I saw it in his hand when he came out of the house—he said he was going to stab himself, and put the knife up his sleeve—I took the knife out to his sleeve, and the man the knife belonged to called him—(he let me take it out of his sleeve)—the man called "George," and the prisoner asked me to give him the knife—I gave it him, and then he told me to walk on, which I did, and then he came with all his force and stabbed me in the back—I had got a very little way—about five or six yards—he said nothing at all, nor did I—I put my hand up under my cloak and shawl, and when I took it down it was all over blood—I told him he had stabbed me—he was going to stab himself as soon as he had stabbed me, but I took the knife from him, and threw it away—I then went home—he walked home with me; I took hold of his arm; he walked with me all the way to the door, and we bid each other good night—as we were coming along he pulled his shirt-collar aside, and said, "Louisa, here is a neck for a rope—but not for stabbing you, but for your sister"—I said nothing to that—he had never asked me to marry him—a surgeon was sent for that night, who saw the injury—the prisoner gave himself up, after I went in doors—I do not think he was sober.
Cross-examined by MR. PAYNE. Q. Where was the wound? A. On my right shoulder—he came out of the watering-house very quietly with the knife in his hand, and said he was going to stab himself—he has always behaved very kind to me—he had drank some gin at our house—there were other females present—I was confined with my wound for a week, and then I went to Brighton—it was a long way from where he stabbed me to our house—we walked together all the way home—I did not faint till I got home—he said nothing angry to me.
SARAH PALMER . I am the prosecutrix's sister. I saw the prisoner the evening previous to this circumstance—he called at my house to inquire for my sister—on the day this happened he came about three o'clock, and they went out together, as I understand, but I was not at home then—I had left them together—I did not see him return—I knew he was visiting her, but I knew nothing about it till the Tuesday night, after it was all done—I had heard him spoken of, but did not know he was paying his addresses to her.
WILLIAM LAWS . I am a policeman. On the night of the 10th of March, I saw the prisoner, about twelve o'clock, in Greek-street, standing next door but one to the prosecutrix's house—I asked him what he was standing there for—he said he knew a young woman at No. 10, who had been stabbed—I asked him if he knew the person who stabbed her—
he said, "Yes"—I asked him if he knew where the person lived—he said, "No"—that he was a sailor—I asked him if the young woman was much hurt—he said she was—I then went to the house and rang the bell, to inquire if that was the case—the landlord came to the door, but would not allow me to go in—the prisoner continued to stand there ten or twelve minutes—I left him about a hundred yards—he might have run away if he liked—on going back I saw him near the same place—he then told me he was the sailor who stabbed the young woman, and he wished me to take him into custody, which I did—I think he was sober—I did not notice that he was the worse for liquor—I inquired of him his reasons for stabbing her and what he did it with—he said, "With an oyster knife"—I went again to the house, but they refused admission—Serjeant Powell came up—I told him the circumstance—he questioned the prisoner, and he said he had stabbed her—after some time, they let Powell into the house—I remained outside with the prisoner.
Cross-examined. Q. He did not appear to you to be in liquor? A. I did not notice it—fright will sometimes sober a person—he made no attempt to run away.
GEORGE POWELL . I am a Police Sergeant. I got admission into the house, and finding she was hurt, I went back to the prisoner, and was taking him to the station-house—before I spoke to him, he said, "I hope she is not hurt much"—he knew I had been into the house—I said I could not tell till I got the surgeon—she was very bad—he said, "If it had been the sister, I would serve her double the worse"—I took him to the station, and fetched a surgeon to the prosecutrix—the prisoner seemed sober—I asked him if he was mad or drunk—he said, "I am neither mad or drunk."
CHARLES BROOKE . I am a surgeon. I was called in about two o'clock, an the night of the 10th of March, to see the prosecutrix—I found an injury on the back part of her right shoulder, over the shoulder-blade—it appeared to hare been done with an instrument with a broad flat point—it was about three quarters of an inch deep, and about an inch in length—it appeared a simple stab—it appeared to have penetrated to the bone—there was no laceration—an oyster-knife might have done it—the would was not dangerous—she went to Brighton before it was completely healed—I attended her three or four days after the accident, and then she left—it was not healed then, but was doing well.
MR. PAYNE called
JOHN COOPER . I am sergeant-major in the East India Company's service. The prisoner was a recruit—I paid him 7s. 6d. about half-past two o'clock on the afternoon of the 10th, telling him to be careful, as I thought he had then been drinking.
NOT GUILTY .
Fourth Jury, before Mr. Recorder.
JOHN CUFF . I keep the Freemasons' Tavern, in Great Queen-street—the house belongs to myself and another—the property lost is my own—the prisoner was an occasional waiter for above two years—on the 17th of March, as he was leaving the house, I caused him to be stopped—he was brought into the parlour and searched—Coggin took from his right-hand pocket, six or seven silver table-spoons—while he was gone for an officer, I found five or six more silver spoons in his breeches pocket—in all a
dozen were found on him—they are mine, but Coggin and another are answerable for the plate while it is in their charge.
Cross-examined by MR. DOANE. Q. Have you more than one partner? A. No; he has a share in the business, but the plate is my own—the prisoner said distress induced him to do it.
JOHN COGGIN . I am head waiter at the tavern, and am responsible for the plate. In consequence of suspicion, on the 17th of March, I assisted in searching the prisoner—I found six or seven spoons in his right-hand pocket—they are Mr. Cuff's property—I fetched Smith.
Cross-examined. Q. Had not they been in use sometime? A. Yes, they weigh rather more than 2oz. each—silver is 5s. 8d. an ounce.
CHARLES BRYANT PAYNE . I am a waiter at the tavern. I met the prisoner coming out of one of the rooms, on the 17th of March—I had previosuly laid the plate on a table in that room—I missed five spoons from the table—I informed Coggin directly.
(James Ash, Post-master, of Hampton-court, gave the prisoner a good character.)
GUILTY of stealing under the value of £5. Aged 50.—(Recommended
to mercy.)— Confined Six Months.
GEORGE BEST (police-constable A 45.) On the morning of the 17th of March, about a quarter to twelve o'clock, I met the prisoner in New-street, Spring-gardens, carrying this cloak—part of it was tied up in a handkerchief, and part hanging out—I asked where he got it—he said a gentleman gave it to him in Spring-gardens to carry into the park, and he was to wait for him at a tree in the park—I took him there, but found no gentleman—I then went to the maker of the cloak, whose name was on it, and found out the prosecutor.
WILLIAM CORRIE . I live at No. 43, Bloomsbury-square. This cloak is mine—I gave 8l. 10s. for it, in December last—it is lined with silk and velvet, and has a fur collar. On the 17th of March, about a quarter to one o'clock, I hung it up in the dwelling-house of William Henry Morris, Craven-street, Strand—I do not know the parish—it is a private house.
Prisoner's Defence. I was coming down Charing-cross—a gentleman asked me if I had any thing to do, and asked me to go with him—he took me against a lamp, and told me to take the cloak to the park and wait at the first tree I came to, until he came to me—the policeman went with me—we went round the park—there was nobody there.
GUILTY of larceny only. Aged 17.— Confined Six Months.
932. WILLIAM PRINCE and THOMAS GASKINS were indicted for stealing, on the 5th of March, at Ealing, 1 cash-box, value 2s. 6d.; 5 sovereigns; 1 half-sovereign; 4 half-crowns; 10 shillings; and 4 sixpences; the goods and monies of John Blake, in his dwelling-house.
JOHN BLAKE . I am a grocer, and live at Old Brentford, in the parish of Ealing. On the 5th of March, I went to Hanwell, and left my cash-box under my counter, in my shop—I locked it, and left between 6l. and 7l. in it, in gold and silver—about six or seven o'clock that evening, went to put the money into it, from the till, and found it was gone—there were bills and memorandums in it, besides—it was brought to me next day, broken open—the papers were found in the Duke of Northumberland's park, tied in a handkerchief—one of my sovereigns had a peculiar stamp on it—Gaskins is a customer of mine, and was frequently at the shop—he lives only a few doors from my house—I rent the whole house.
WILLIAM HUGHES . I am a constable of Old Brentford. The day before the 5th of March, I saw the prisoner Gaskins looking closely throught the prosecutor's window, and Prince on the edge of the path—Gaskins could see the cash-box lifted up and down, where he was looking—I saw the prisoners there twice, the night before the robbery—it is a low window—I could see from the pathway into the shop—on the night of the robbery I saw them passing by the house, and they looked towards the tide door, and one spoke to the other—that was between five and six o'clock.
Cross-examined by MR. PHILLIPS. Q. Is it a public street? A. Yes.
STEPHEN CULLUM MARCHANT . I am Inspector of the Police. I heard of the robbery, and caused the two prisoners to be taken into custody—I found no money on Prince—I asked him if he had lately paid any money away—he said he had not—I asked if he had spent any, or given any to any person—he said he had not—I went afterwards to Mr. Austin, of Kew—he produced thirty sovereigns, out of which I picked one which answered the description of a mark given to me—I knew both the prisoners before—they are constantly together.
Cross-examined. Q. You would not be surprised at seeing them together one night more than another? A. No.
ALFRED WILLIAMS . I am the son of Mr. Williams, a linen-draper, at Brentford. On Thursday evening, the 5th of March, Prince came to our house, to buy two silk handkerchiefs, and gave me a marked sovereign for them—they came to 9s. 6d.—I gave him the change—my attention was drawn to the sovereign when he paid it to me—it was dented in two places as if marked with a punch—I believe this to be it, from the two marks—one mark is rather smaller than the other, which I observed at the time.
Cross-examined. Q. What became of the sovereign he gave you? A. I put it into the till—my father took it out with others, and paid it to a person at Kew—I did not see all my father paid away.
THOMAS TUNSTALL SAUNDERS . On Thursday evening, the 5th of March, Prince came to my shop at Old Brentford, and asked the price of a good pair of trowsers—I said 24s.—he asked if I could make him a pair for 1l.—I said I could—I measured him—he put his band into his pocket, and gave me a sovereign—I did not ask him for the money in advance—they were to be ready by Saturday.
Cross-examined. Q. How long had you had it? A. I cannot say—I
swear I took it within a week—I cannot say who I took it from—I never saw a sovereign marked in that way before.
COURT. Q. How often had you seen it? A. I do not recollect—perhaps half a dozen times—I think I saw it the evening I lost it—I had my cash-box safe at half-past five o'clock—I had seen the sovereign in the course of the day—I am sure I did not pay it away—I paid no money away that day.
JOHN AUSTIN . I took a marked sovereign of Mr. Williams, on Friday morning, in change for a cheque, but I observed no particular mark upon it at the time—Marchant afterwards picked a sovereign out from my money.
Cross-examined. Q. Had you any sovereigns which you did not receive from him? A. I believe I might, I cannot say this sovereign is one of those I received from Williams—I am certain I kept that money separate.
(Henry Hall, lighterman, New Brentford; Joshua Maddox, waterman, Brentford; and Sophia White, wife of a shoe-maker, at Brentford; gave the prisoner, Prince, a good character.)
PRINCE— GUILTY . Aged 18.— Transported for Life.
GASKINS— NOT GUILTY .
933. SAMUEL LEECH was indicted for breaking and entering the dwelling-house of Hallows Hatfield, on the 7th of March, and stealing therein, 1 iron scraper, value 2s. 6d.; and 1 pair of clogs, value 6d.; his property.
HILDIBRAND HATFIELD . I am the son of Hallows Hatfield, a silk manufacturer, of Wheler-street, Spitalfields. On Saturday, the 7th of March, I was at the top of the stairs of the house—I saw the prisoner come and open the side door, which was fastened with a catch, which springs out from the lock, and holds the door when it is too—I cannot push the door open—the side door opens into a passage, under a gateway—it is the door of the house—he opened it, walked in, took the scraper and clogs, and walked away with them immediately—I pursued, and came up with him about three or four doors off—I told him to take them back to Where he brought them from—he walked back, put them in their places, and I gave him in charge—I am sure the door was shut too—it opens from the outside with a handle and latch—if the latch had not caught, it might be opened by being pushed.
DANIEL DURRANT (police-constable H 123.) I received the prisoner in custody on the 7th of March—I was in Wheler-street—I took the scraper and clogs in my care—I asked him what he did it for—he said, through hunger—I took him to the station-house, and he gave me 3d. out of his pocket.
(John, Robinson and Jacob Alexander, of Holywell-lane, gave the prisoner a good character.)
GUILTY of Stealing only. Aged 15.—(Recommended to mercy.)— Confined Three Months.
934. WILLIAM GOODWIN was indicted for feloniously breaking and entering the dwelling-house of John Bell, at St. Leonard, Shore ditch, on the 17th of April, and stealing therein, 1 gown, value 4s.; 2 shirts, value 3s.; 2 shifts, value 1s. 6d.; 1 table-cloth, value 3s.; 1 scent-box, value5s.; 3 caps, value 1s.; 1 umbrella, value 2s.; 2 frocks, value 3s.; 2 night-gowns, value 3s.; 3 handkerchiefs, value 2s.; and 3 sheets, value 7s.; his property.
HARRIET BELL . I am the wife of John Bell, an ivory turner, who live in Dove-row, Hackney-fields, in the parish of St. Leonard, Shoreditch. On Thursday, the 17th of April, 1834, I went out—I locked the street door and took the key—I returned in about a quarter of an hour, and found the street-door open, and the parlour-door, which I had locked, was open—I missed from the parlour a bundle of linen off the chair—I lost the article stated in the indictment—I noticed a man, who has since been transported, leaning over the pales, before the house, as I went into the house—he has since been convicted of this robbery.
JOHN KEY . I am a brush-maker, and live in Maidstone-street, about two hundred yards from Bell's. I can see Bell's house from the side window of my own house very distinctly—On the 17th of April, last year, I was at work in my shop, and observed three men lounging about; one had a paper parcel in his hand, tied with red tape, and sealed—they all three went up to Mrs. Bell's door—one separated from the others, about fifteen yards, and stood against the pales, while the others looked through the key-hole and one corner of the window—I hardly knew what to make of it—I thought it was an execution, and they wanted to get into the house—directly afterwards, they pulled something out of their pocket, opened the door, and went in, and shut the door—I could see they were up stairs, rummaging about—I ran out of the house, and just before I got to Bell's door, two men came out with a bag, three parts full of things—I, being an old man, (and they young, and at a distance,) was not able to get hold of them—I secured the one who was set to watch, and he has been convicted—I cannot say whether the prisoner was one of the other two—I am not positive; he appears to me about the size of the man.
MARY KEY . I am the wife of last witness. I was standing at my door, and saw two men come out of Bell's house—one with a bundle, the other with an umbrella—I ran round the corner, and met them—I met one man in the face, and said, "Master, you are wanted there"—he said, "Nobody wants me"—I said, "You are a thief, and have robbed the house"—he directly threw down the bundle, and ran—I am certain it was the prisoner—I remarked his features and his voice—I took up the bundle, and ran—I cried, "Stop thief!"—he ran down John-street, and I did not see him again—I gave the bundle to my son—he took it into Mr. Bell's house.
Cross-examined by MR. CLARKSON. Q. How long ago is this? A. The 17th of April, last year—he ran down Boston-street—I met him in Boston-street, and he ran across a bit of waste ground—I do not think I was speaking to him above a minute when I said he was a thief—I had never seen him before—I saw the prisoner in custody three weeks ago last Wednesday—I saw him running down John-street, and I ran after him—I swear positively to him—I knew his features again—the policeman showed him to me in Hoxton watch-house, when he was apprehended; there were other people there in custody—there were others who knew him there as well as me—he was not pointed out as the man—he was pointed out to me to know if I knew him—he was not dressed in the same way—he had a black handkerchief on, a black hat, and black trowsers—he was dressed all in black—Glibbery is the policeman who showed him to me—I believe he has been to our house once, not more—I never saw him in my life till three weeks ago last Sunday—I was examined on the former trial—I was the
asked if I should know the third man; I may have said I did not know whether I should or not, but when I saw him there I knew him well—I have not said I should not know him again.
ELIZABETH SCROOB . I am the daughter of John Scroob, of No. 21, Boston-street. On Thursday, the 17th of April, 1834, I was at work at our window, at the corner of John-street—I heard an alarm given of "Stop thief"—I looked out and saw the prisoner running—I got up, opened the door, tnd he ran past me, and threw something into Forster's skittle-pound—I am sure he is the man—I never saw him before—I saw him again three weeks ago last Sunday—I noticed his dress when he ran past me—he had a black frock-coat, black trowsers, black waistcoat, and black silk neck handkerchief—his coat had a black velvet collar—he stopped to throw what he had into the skittle-ground—I saw him till he was out of sight all the way down John-street.
Cross-examined. Q. You have had the advantage of being in Court while I examined the last witness? A. Yes; I was not asked before the Magistrate about the colour of his coat—I never saw him before the 17th of April—Mrs. Key and Francis called on me on Sunday three weeks, to go to the watch-house—I did not see the policeman till Monday—they said they expected the other man was taken—the policeman came for her, but he did not come to our house till Monday—she said I must go there, for the policeman had been to her house—she lives about two minutes' walk from my house—I was here on the former trial, and heard Mrs. Key examined—I did not hear her say she should not know the third person—I had not been talking with her about the circumstance between the time of the robbery and the prisoner being taken—I am not an acquaintance of her's—I never spoke to her till the other man was taken up—I have not talked about this since that—I never saw her to speak to her, till three weeks last Sunday—we went to the station-house without any policeman—I found Glibbery and a great many more police-officers there, and the prisoner, and two more prisoners—the door was opened; and as soon as it was opened I said, that is the man I saw, only he was in a different dress when he ran past me—he was dressed as he is now—I saw him three or four minutes while he was passing by—he got out of my sight, and in a minute after he ran past me—his back was then towards me—I never said I was at the door when I first saw him—I heard him give his name at Worship-street—I did not know it before—I saw the policeman once—he was on duty, looking after his men, and came down our street—it was after the prisoner was in custody—he spoke to me, but not about the prisoner—he said I was not to forget to come to Worship-street about the prisoner—he did not mention the prisoner's name—he had been to our house before, on the Monday after the Sunday, with a summons for me to go to Worship-street—I said I did not like to go alone, and asked Mrs. Key to call for me—she did not call, and I did not go in the morning; and in the afternoon Glibbery brought a summons—when I was here, last May, I said I should know the one who ran past me—I never said I should not know him—the policeman has not called on me since he left the summons—I have seen him at Worship-street twice, and here—Mrs. Key said the policeman had been to her house, to say the other man was taken.
THOMAS KEY . I am the son of John Key. I took a bundle to the prosecutrix's house on the 17th of April, 1834—I saw one man leaning over some pales—that was not the prisoner—I saw two men peeping round the corner—I cannot say whether the prisoner was one of them.
THOMAS JAMES FRANCIS . I am a shoemaker, and live in Nelson-street, Dove-row. On the morning of the 17th of April, 1834, I saw three man in conversation several times, as I passed, getting my work in from the binders, nearly facing Boston-street—when I returned the second time the three men divided—the one who was convicted was leaning over the pales—he had a parcel in his hand—the other two were in a public-house, next door to Bell's—I saw one of them looking through the window, and the other reading a newspaper—that was the prisoner—I passed him about four times, as I was going to different binders with my work—I first saw him about half-past nine o'clock—I was backwards and forwards, passing and re-passing, for about an hour and a quarter, he was looking through the glass, the last time I saw him he was standing with his back to the table—I went home, and in a few minutes there was a cry of "Stop thief"—I went out—Mrs. Key had got the man who was convicted by the collar—I went into the house of Mr. Bell, and found it in confusion.
Cross-examined. A. Were you examined on a former occasion? A. Yes: I did not state that I should not know either of the other persons—in consequence of being sent for three or four times, I went to the station-house on Sunday morning—I at first said I would not go, but the policeman begged of me to go to Mrs. Key, and bring Scroob—on Monday he brought me a summons, and I went—he told me I should see one of the men—I had never seen the prisoner before—I believe he is the man—I am not perfectly certain, but I believe him to be the man—I swear positively to him—I am satisfied he is the man—it is a respectable neighbourhood—I know of no disreputable houses there—I have no doubt of the prisoner.
ROBERT DAWSON . I am pot-boy at the Gibraltar public-house, Gibraltar-walk, Bethnal-green-road. In April, last year, I was pot-boy at the Goldsmiths'-arms—I felt something hit me on the hat in the skittle-ground—I took it up, and it was a black bag, containing two keys—my master gave it to Miller, the policeman—it was just about eleven o'clock in the morning—I had heard the alarm of "Stop thief."
JAMES MILLER (police-constable N 164.) I produce a black bag, which I got from Mr. Bell's house, from Key—I got the keys from Dawson's master, as he gave them into his hands—I have had them ever since the last trial.
Cross-examined. Q Who was the first of the witnesses you went to to take to the station-house? A. Three of them came down together—I went to Mrs. Key, on Sunday afternoon, Miss Scroob, and likewise to Francis—I told Miss Scroob, that I had apprehended a man on suspicion—I will not swear I said a man, or the man—I took him on Sunday, the 8th of March—I told the magistrate, that I knew him to be the companion of Duff, the man who has been previously convicted—I did not tell the magistrate that I had got some private information—I don't recollect mentioning the word private—I said from information I had received, I took the prisoner—I had information of the robbery when Duff was in custody—I was on duty in that district the whole time.
Prisoner's Defence. It is so long ago, it quite slips my memory where
I was at the time, or I could prove where I was; as to this dress, I have not had it three months. I never wore a black frock-coat—the last I left off was a green one, and that I had for two years.
(Josh. Bedward, weaver, Prince's-court, Tyson-street, Bethnal-green; and Emma Burchell, Green-dragon-yard, Whitechapel, gave the prisoner a good character.)
GUILTY . Aged 30.— Transported for Fourteen Years.
NEW COURT. Wednesday, April 8th 1835.
Sixth Jury, before Mr. Common Sergeant.
GUILTY .— Confined Seven Days.
(The prisoner received a good character, and was recommended to mercy.)
JAMES RIDER . I live in Dock-street, St. George's—the prisoner was invited to tea with my wife, on the the 14th of March—I went to get a candle—I returned in five minutes, and met the prisoner in my passage going away—I went up to my room and missed a pair of shoes, which I had left when I went out—I could not find the prisoner till Monday—these are my shoes—they are new ones.
Prisoner. The prosecutor's wife sent me to pawn the shoes in my own name, while he was gone for the candle.
GUILTY . Aged 30.— Confined One Month.
JANE DOWNES . I am the prisoner's mother. I live on BethnalGreen. On the 10th of February, I left the prisoner and my other, son to mind my child—I returned within an hour, and my other little boy said something—the prisoner was then gone—I missed the two coats, and the other articles—I did not see the prisoner again till the Saturday, when he was brought back for stealing a blanket—he said he had sold these things in Rosemary-lane, to a man who lived near St. Paul's.
GUILTY . Aged 14.— Transported for Seven Years.
MR. CLARKSON conducted the Prosecution.
CHRISTOPHER MALTBY . I am a white-lead manufacturer—I have other partners—our manufactory is at Hoxton—the prisoner had been in our employ nearly six months—on the 16th of March, I was in Mr. Meakin's shop, in Norton-falgate—I saw Sarah Pearson come in, and offer some lead for sale—I knew it to be mine—it was cast in a particular mould—I questioned her, and went for the officer—I gave the lead to him, and went with him in the evening to our lead-mills, where we took the prisoner, as he was about to leave work—I asked him if he knew a person named Pearson, living in Holywell-lane—he said he did not.
SARAH PEARSON . I live in Holywell-lane—about the 14th of March, the prisoner brought 14lbs. of lead for sale, for which I paid him 1s. 2d.—my son is a pewterer—I had bought lead of the prisoner before—I asked him where it came from, and if it was of any use—he said it came from the lead-works, and was of no use—it was his perquisite—he called it waste—on the 16th, I sent my daughter to Meakin's, to dispose of the lead, as her brother was not in the way.
SARAH PEARSON , Junior. I saw the prisoner bring this lead, and on the 16th I took it to Meakin's, and I saw Mr. Maltby, who asked me where I brought it from—I told him—I went with the officer and the prosecutor to the lead-works, and saw the prisoner.
MR. MALTBY. We never allow our men waste lead—it is re-melted, and used again—this is part of such lead as the prisoner had been employed to mould.
(The prisoner put in a written defence, stating that the premises were under repair, and he had found the lead among the rubbish.)
GUILTY. Aged 39.—(Recommended to Mercy.)— Confined Three Months.
Before Mr. Sergeant Arabin
JOHN AMOS WELLS . I have two partners—we are cheesemongers, and live in St. Martin's Lane—the prisoner had been our porter nearly twelve months—he was employed to receive money, to give receipts, and to bring home the money.
MARY WOOD . I am servant to Mr. Top—I paid the prisoner 6s. 2d. on Friday, the 20th of February—on the 27th, I paid him 4s. 9d., and on the 6th of March, 6s. 5d.—I have the bills here, which have been receipted by him.
Cross-examined by MR. DOANE. Q. You pay him yourself? A. Yes, I pay him every week.
MARY WOOD . These bills are receipted by the prisoner—he never gave me these sums, nor any account of them—I charged him with it about the 11th of March—I read over Mr. Top's name, and some others to him—he said he was guilty, and he intended to have made it up.
Cross-examined. Q. Are you aware that he has a wife and family? A. Yes; his wife came to me—she did not bring me any money—he paid me ten or eleven weeks together of Mr. Top's, but I had not received the money weekly of the servant.
(The prisoner received a good character.)
GUILTY . Aged 45.— Confined Three Months.
RICHARD RUSSELL . I am servant to Mr. Hill, of Mount-pleasant—he is a brewer. On the 3rd of March I was walking along, and the prisoner Kenny, whom I had never seen before, came and told me he had some casks to sell, and asked if I would buy them—I said, "No," and asked what casks they were—he said large ones, and that he had about fifty, but they were about three or so he wished to get out of the way—they were, he said, in Lansdown-mews, and if I Would come and fetch them I should have them for nothing—he said, "Come any time after dark"—I asked him how he came by them—he said that was nothing to me—I said I would come; and when I got home I told my employer, who directed me to take the dray and go to Lansdown-mews—a policeman went with me—we got there about six o'clock—a person, whom I should not know again, came to the gate—I asked if any stone-sawyers were in the yard—he said yes, I might go np and see—I went up, and saw the prisoner Cann—he told me there were the casks, and I might take them—I said no, I had nothing to do with them—I considered it was not right—he said he knew nothing about them—he would go and fetch his companion—he went out and fetched Kenny—we went down the yard—I told Kenny I considered they were not his property, and would advise him to have nothing to do with it—he went down the yard—the policeman and I went away for about four minutes—when we returned, there weve two casks on the dray, and Kenny was bringing out the third, the largest of the lot—he threw it down on the ground, and said he could not lift it up—the policeman helped him up with it on the dray—the policeman then asked him if there were any more—he said, "Yes," and the officer said, "I think we may as well have more if you can spare them"—Kenny said there was one more, and Cann then went and fetched the last one—Kenny then asked what we would give them—I said nothing, nor offer them any thing—the policeman (who was dressed in plain clothes) said he would give him what he was accustomed to get for such things—he said he had never sold any before—the officer said, "Well, never mind, come down to Gray's-inn-lane, and we will go and settle it"—we went there, and found another policeman, who took them—the casks were in Mr. Chadwiek's yard.
Cross-examined by MR. DOANE. Q. After you had got the casks on the dray, there was something said about a settlement? A. Yes.
Cross-examined by MR. JONES. Q. Had you never seen Kenny before? A. Not to my knowledge—I was walking along, and my fellow-servant was driving the dray, when I met Kenny, walking, I think near Thompson's gin-shop—he came across the street—he had been drinking—he did not say what line of business he was in—I told hint I would go in the evening, because I wanted to get rid of him, but my employer obliged me to go—I suspected they were brewers' casks—I should have taken him to be in the bricklaying business—the policeman put on a brewer's jaeket to make the prisoner believe he came with me—Kenny brought out the third cask, and asked the officer to help him up with it—I believe Kenny was fetched from the Guildford Arms—he was about in the same State, as to sobriety, as he was in the morning.
Cross-examined by MR. DOANE. Q. What did you hear him say? A. That it was not their property, and he would give them nothing for it—he asked Kenny where the master was—he said he did not know nor care.
Cross-examined by MR. JONES. Q. Did you caution him? A. No; I asked where his master was, and he gave me a very loose and improper answer—I considered him in my custody—there were two casks on the dray, and I went to see where he brought the third from, and he brought it down the yard—he had been drinking.
Cross-examined by MR. JONES. Q. Who kept the hotel? A. De Valle and Caton—the cask was sent to them full of gin.
Cross-examined by MR. DOANE. Q. I understand the casks were at your yard, as belonging to various brewers, till they sent for them? A. Yes; as soon as they were informed they were there, their draymen came for them, with an order—they were there on sufferance.
Cross-examined by MR. JONES. Q. Had you been in the habit of receiving casks on your premises? A. Only when we are instructed to do so—I received these casks of De Valle and Co.—they were insolvent—I had their goods to sell by auction, for the benefit of the creditors, but not the casks, they belong to the brewers.
Cann's Defence. I was working at Mr. Chad wick's, and the drayman came and asked if there were not some beer-casks in the yard—I said, "Yes"—he asked if I was the man he met in Holborn—I told him "No"—he asked where Kenny was—I said I believed he was at the public-house, drinking—he said, "Tell him to come to me"—I went and told him two brewers' servants wanted him—he went over and stopped a quarter of an hour, then came and told me to help him to get up the casks, and he would give me a pot of beer—I went over, and Kenny had the third cask on his back—he said he could not carry it—the policeman asked Kenny to let him have another—Kenny told me to fetch it—I said, "Which?"—he said it did not matter.
Kenny's Defence. This man came after me to the public-house, and said I was wanted in the yard—I said I would not come—he said there were some brewers' servants—I went, and they said, "Where are the casks?"—they said they had not seen them—but they took these three and rolled them off the premises—they walked up the yard again, and sent me for this man to assist—they asked what I wanted for the casks—I said I did not know—the policeman said, "Never mind that, old boy, we shan't fall out about that."
(Kenny received a good character.)
KENNY— GUILTY . Aged 50.— Transported for Seven Years.
CANN— GUILTY . Aged 44.— Confined Six Months.
940. MARGARET FITZGERALD was indicted for stealing, on the 6th of March, 1 counterpane, value 5s.; 1 pair of shoes, value 5s.; 2 shirts, value 8s.; and 3 towels, value 2s. 6d.; the goods of Lewin Taverner.
LEWIN TAVERNER, ESQ . I am a counsellor, my chambers are at No. 9, Gray's-inn-square. The prisoner had been my laundress four or six months—I missed the articles stated, which have since been found—these are them—they are all mine.
(The prisoner put in a written defence, representing herself to be in a very destitute condition.)
MR. TAVERNER. I believe her statement to be correct. I think she had 3s. 6d. per week.
GUILTY. Aged 18.—Recommended to mercy.— Confined Three Months.
GEORGE FREDERIC RUBERY . I am a watchman. On the morning of the 10th of March, about seven o'clock, I was at the corner of Gunpowder-alley—I saw the prisoner with this lead by his side, covered with this cloth—I said, "Dick, what have you got here?"—he said, "Some lead"—I said, "It looks very suspicions—lead does not want covering"—this is the lead—I have fitted it to the place—it corresponds exactly.
BENJAMIN EVANS . The house No. 8, Gunpowder-alley, is mine, but I live in the country, and had not seen the lead for perhaps three months—the house was not occupied—this lead appears to have been taken from the gutters—the nail-holes correspond.
Prisoner's Defence. I was coming up Farringdon-street, and a man asked me to mind this lead.
NOT GUILTY .
ELIZABETH WHITEHEAD . I am the wife of John Whitehead, a haber-dasher, at Islington. On the 10th of March, about half-past eight o'clock, the two prisoners came into out shop together—one of them had a child—I was in the parlour—I went forward and asked what they wauled—they said a pair of shoes at half-a-crown—I went round the counter and unfastened the guard—I was going to hand them the shoes, when a strange man came in for one pennyworth of tape—I was not going to serve him, but one of them said, "You may serve this gentleman, we are not in a hurry"—I went across the shop to get the tape—the man stood hesitating about the width of the tape—I saw Wheeler take a pair of shoes, and secrete them under her shawl—the man went away—I went to Wheeler and asked her to pay for the shoes she had got—she said she had got none—she then said, "You have no shoes to fit me," and was going out—I said, "Stop,
I will call my husband"—she then took the child out of Thrope's arm, put the shoes under the child's clothes, and went out past the window—she returned with the child, but not shoes—they were than taken to the station.
Cross-examined by MR. DOANE. Q. Who took the shoes? A. Wheeler—I have always given the same account—the man was not easily satisfied about the tape—he had just gone out at the door, when Wheeler took the shoes—she went out, but came back again, because her companion was there—she came into the parlour, and was very willing to be searched, and threw open her handkerchief.
JOHN WHITEHEAD . My wife called me—I saw Thorpe at the counter, and Wheeler coming in at the door—my wife pointed to her, and said, "This woman has taken a pair of shoes out of the window"—I saw the vacancy, and said she had taken a pair, and I would send for the policeman—they then said they would be searched, and came into the parious—Wheeler said, if I would go to Bagnigge-wells-road, her husband would pay me for the shoes.
(Sarah Coleman, of Belton-street, Long Acre; and Morgan Keefe, of Princess-street, shoemaker, gave Wheeler a good character.)
THORPE— GUILTY . Aged 34.
WHEELER— GUILTY . Aged 32.
Confined Three Months.
Cross-examined by MR. DOANE. Q. Had M'Carthy been working for you that day? A. Yes; where this cistern was—the cistern was lying there as waste lead.
EDWARD MAYHEW. I work for prosecutor. On the 10th of March, I saw the two prisoners in the yard between six and seven o'clock—they brought a stone in on their backs, and M'Carthy went by where the lead was with Conden's coat on—I had fastened the gates before, and they were undone.
Cross-examined. Q. When had you seen the lead safe? A. On the Monday night, and this was on Tuesday.
JOSEPH COLLEY (police-constable B 131.) On the 10th of March, about seven o'clock in the evening, I was coming down Orchard-street, and saw the two prisoners coming along—M'Carthy had a bundle—he crossed the street—I crossed—then he crossed again, and the two prisoners ran off, throwing the bundle down—I caught M'Carthy by the neck, and brought him back—the bundle contained this lead—he said some man give it him, and he did not know the other man—I asked where he worked—he said no where—I took him before the Magistrate—he then said he brought it from Tottenham-court-road, where he worked, and that Conden gave it him—I went next morning to Lincoln's-inn-fields, where I took Conden, who was at work—I asked him where his coat was—he said, "At home"—I said I knew better, for I had it at the station-house—I took him there, and he said it was his coat.
(Property produced and sworn to.)
M'Carthy's Defence. I had been working at Liucoln's-inn College, and
then he sent me to his yard to take some stones—I went with Conden, and as coming out, I found this lead against the dung-heap.
(Conden put in a written defence, declaring his innocence.)
MCCARTHY— GUILTY . Aged 35.
CONDEN— GUILTY . Aged 44.
Confined Six Months.
JAMES JOHN EAMES (police-constable G 164.) I heard that two shifts had been stolen, and went to Half-Moon-street, Bishopsgate. I saw these shifts at Fordham's—I told them to keep them, as the prisoner had said she would come for them—I went again, and waited till the prisoner came for them—I said, "Are these yours?"—she said, "Yes"—I asked if there was any mark on them—she said, "No"—she said she bought them of a woman in Shoreditch—I said, "Did you buy two wringing wet shifts of her?"—she said, "Yes"—I then took her to the station-house.
HANNAH FORDHAM . My mother takes in mangling—the prisoner brought these shifts—they were very wet—she asked me if I would hang them on the line, and dry them, and mangle them by ten o'clock the next morning, when the would come for them—the officer came and took her.
MARY MEDCRAFT . I wash for Bray—these are her shifts—I washed them on the Thursday, and hung them out on the Friday—I missed them about four o'clock—I never saw the prisoner but once, about two o'clock, when she came out of the yard, and said the had been to a woman up stairs.
Prisoner. I certainly did not steal them, nor know that they were stolen; I bought them of a Jew woman.
GUILTY . Aged 47.— Confined Six Monthts.
945. ANN FOLEY was indicted for stealing, on the 14th of March, 3 caps, value 10s.; 1 pair of scissors, value 6d.; 4 yards of ribbon, value 1s.; 1 frock-sleeve, value 2d.; 1 handkerchief, value 2d.; 1 collar, value 1s.; and a quarter of a yard of muslin, value 1d.; the goods of Elizabeth Dean, her mistress.
ELIZABETH DEAN . I am single, and live in Regent-street, St. James's. The prisoner was my servant of all work, from the 10th to the 15th of March—we had hired her by the year—on the Friday evening she got dreadfully intoxicated, and I gave her warning—on the Saturday morning she got intoxicated again—I did not know what to do, till a friend called and advised me to send for a policeman—I sent for the prisoner's bonnet-box, and in it I found these caps, this ribbon, and this sleeve; and the other articles, the scissors and the handkerchief were in her pocket—they, are mine.
(The prisoner put in a written defence, stating that she was ignorant of the property being in her box, and that she had put the scissors into her Pocket, not having a pair of her own.)
GUILTY . Aged 40.— Transported for Seven Years.
946. WILLIAM FISHER was indicted for stealing, on the 6th of March, 1 jacket, value 2s.; 2 planes, value 8s.; 2 saws, value 5s.; 1 square, value 3s.; and 1 basket, value 1s.; the goods of John Holcomb; 2 planes, value 11s.; and 1 saw, value 3s.; the goods of Robert Stearman; and 2 saws, value 6s., the goods of William Staples.
JOHN HOLCOMB . I am a carpenter. These tools were taken from No. 1, Oxford-street, where I and some others were working—I left the place safe on the 6th of March—I lost a jacket, a basket, two planes, and two saws—these are my property.
ROBERT STEARMAN . I am a carpenter. I was working there—I went there first on the morning of the 7th of March—I found the door, which had been padlocked, had been broken open and nailed up again—this plough, this plane, and this saw, are mine.
Prisoner's Defence. The tools were brought to me by a man I know very well, with whom I had worked in Liverpool—I pawned some, and gave him the duplicates—I walked with him towards Highgate, and I asked him to give me the duplicate of the jacket, which he did—he told me I must be careful of selling these tools, for he had taken them out of a shop in Oxford-street.
NOT GUILTY .
GUILTY . Aged 60.— Transported for Seven Years.
WILLIAM PARTRIDGE . I am foreman to Mr. Francis Parkyn, a builder. He had a glazed sash, which I saw on the 12th of March, from ten to twelve yards from his gateway, at the bottom of the stairs leading to his shop, and at a quarter after six o'clock I saw it close to the gate.
Cross-examined by MR. MAHON. Q. Was it not for sale? A. Yes—we have other persons in our employ.
JEREMIAH MURFORD . I work for the prosecutor. I was down his gateway that evening—I saw the prisoner remove this sash from where it had stood, to the entrance of the gateway—I went and took him there—he removed it ten or twelve yards—I have seen his face a good many times, and knew him by sight.
Cross-examined. Q. He was looking at the sash, was not that all? A. He was looking at it when I saw him—I had known the prisoner before—he
did not ask me for a person named Lloyd—he had the sash in his hand—he did not say he was looking at it, thinking it was for sale—he did not take it off the premises—I did not move it myself—there were a good many working there—they might remove it for what I know—when I took the prisoner, he dropped this sash down—it was dark where it had stood, and the place he took it to was lighter.
Prisoner's Defence. There was a person lodged with me named George Lloyd—he said he was going to work in a carpenter's shop, in Eagle-street—I went into the prosecutor's and asked for him—I took up this sash merely to look at the workmanship, being a glazier.
GUILTY .* Aged 21.— Transported for Seven Years.
Fifth Jury, before Mr. Common Sergeant.
PETER LINDBORN . I am a seaman, and live at Shadwell. I met the prisoner on the 18th of March—I went home with her to bed—she then went away till the morning—she then came and laid down by my side, and then she took my jacket—I had given her my waistcoat to pawn the night before, for 3s.—I did not find her till half-past ten o'clock in the morning—I asked her for my jacket—she said, "Don't bother me, I don't know you"—I gave charge of her—this is my jacket.
Prisoner. He gave me the waistcoat to pawn—he spent the money in a public-house, and then he gave me the jacket to stop with him—I gave him the duplicate of the waistcoat. Witness. She gave me the duplicate and the money, but we had but one pint of beer—I gave her the rest of the money, which was half-a-crown and fourpence—she got some gin—she, and I, and the landlady, drank it—she did not ask me for, any thing to sleep with her—I did not have any supper in the house—she said she knew nothing about me nor the jacket.
RICHARD CARPENTER . I am a pawnbroker, and live in Charles-street, St. George's. I have a jacket pawned by the prisoner, between nine and ten o'clock in the morning, for 5s., in the name of Sarah Adams—she said she pawned it for Peter Johnson, a man with whom she was living—she came afterwards, and had 2s. more.
GUILTY . Aged 20.— Confined Two Months.
ELIZABETH BEETLES . I am the wife of George Beetles, of Duke-street, Lincoln's-inn-fields. On Monday morning, the 9th of March, the prisoner came up to me in the street—I had known her before, but not spoken to her—she said, "You are out early"—I had been out with a friend all the night before, and it was too late to get in—it was between six and seven o'clock—she said, if I would like to go home with her, and have a cup of tea, I might—I went with her to Shaftsbury-court—she got a fire, and said, if I liked I might lie down, and I did, upon her bed—I had taken my cloak off—I just fell asleep, when I heard the door shut—I looked up, the prisoner and my cloak were gone—I missed three shillings which had
been in my pocket when I laid down—I gave information, and the prisoner was taken in the evening.
Prisoner. I wish her to say what company she was in. Witness. It was between six and seven o'clock in the morning—I was in no company—I was not with any policeman—I was at the bottom of Long Acre when I met her—I did not allow her to take my cloak to pawn—I did not knew it was gone till I heard the door shut—I laid it over my shoulders—I had 3s. in my pocket when I went with her.
Prisoner's Defence. I certainly pawned the cloak, but she told me I might.
GUILTY . Aged 29.— Confined Three Months.
There being no evidence against the prisoner, but a confession, which had been extorted, she was
CHARLOTT TOPP . I am a widow, and live in New Tothill-street Westminster. I deal in clothes—this is my gown—I saw it safe in my shop on the 12th of March, between ten and eleven o'clock, and I missed it between one and two o'clock—I know it by mending it myself.
SARAH BURTON . I am the wife of John Burton, a bricklayer. On the 19th of March, I was in the shop opposite the prosecutrix—I saw Underwood and another boy loitering about—I looked at them, and saw Underwood take something—I went and told the prosecutrix—the two boys ran off, and she ran after them, but could not catch them—in about an how afterwards I saw Underwood come by again—I ran, and told the prosecutrix that was the boy—she ran after him with the policeman, and took to—I told the officer that was the boy—the prisoner Richardson stood behind, and she called me a false-swearing old b—for saying whit I did.
Underwood. I was standing at the bottom of the street, and saw a boy come running with a gown—then the woman came after me with a broom, and I ran away. Witness. No; this was the boy that took it—I knew them both well—I saw them before they touched any thing.
HANNAH ATKINS . I live in York-street, and deal in clothes. Richardson brought me this gown to sell on the 19th of March, about one o'clock—it was very much mended—I asked if she had mended it herself—she said, "Yes," she and her sister had, and it was her own—I gave her 9d. for it—I should consider it worth 1s. 3d. or 1s. 6d.—it is a mere rag—9d. is the general price we give when they are washed—we do not give the value to sell them again.
Richardson. It is false—she bought it of another girl. Witness. There were three persons, but I bought it of her—the other two were shorter than her.
JOHN EDWARDS (police-constable B 14.) I heard a cry of "Stop thief"—I saw Underwood run by me and the prosecutrix after him—I took him—the prisoner Richardson was at the corner of the passage—I took her afterwards in St. Ann's-lane.
Underwood's Defence. It was not me that took it.
Richardson. I was outside the shop when the other girl sold it.
UNDERWOOD— GUILTY . † Aged 15.— Transported for Seven Years.
RICHARDSON— GUILTY . Aged 17.— Confined Two Months.
CHARLES THORP . I am a patrol of St. Bride's. Last Sunday evening, at a quarter past nine o'clock, I saw the prisoner and two others—I watched them—I saw the prisoner take this handkerchief out of the prosecutor's pocket—I seized him by both arms, and took this handkerchief out of his right-hand pocket.
GUILTY . † Aged 19.— Transported for Seven Years.
JAMES RUTLAND BROWN . I am an officer. On the morning of the 1st of April I was on the wharf at Pimlico—I heard a boat come along the Grosvenor Canal—I watched, and saw the boat come along, and the prisoner in it—he went to the side of a barge, and took some coals into the boat—the boat then went on—I followed him—he went by the side of a barge—I said, "What are you doing?"—he said, "Nothing"—he had the rope in his hand at that time, and dropped it—I took it up, and pulled the boat up—I saw the coals in the boat—I said, "Is this nothing? I saw you take these"—he said, "Say nothing, and I will give you half-a-crown"—I left the boat with another officer, and took the prisoner to the watch-house—he said he was guilty—he said there were four other person on board the barge; but he told me not to disturb them, for, they had nothing to do with it.
Cross-examined by MR. PHILLIPS. Q. Did he say they were asleep? A. No; I imagined they might be asleep—I did not go down the hold to see any of them—it was a common-sized boat—I think the hold is near the stern—it was a dark night—not very dark—he took the coals out of the prosecutor's barge—I was forty or fifty yards from him.
Prisoner. I went on board the barge at twelve o'clock at night—I was going to see whether it wanted pumping—this officer came on board, and asked what was in it—I said I did not know—he saw the coals in it; but how they came there I do not know.
NOT GUILTY .
GRACE MARSHALL . I keep a shop in High-street, Shadwell. On the 14th of March, I had some pattens hanging for sale on my door-post outside—I missed two pairs—I know this pair to be one, by being tied with black ferret—the others, I believe, are mine.
WILLIAM METCALF . I was sitting at my mother's stall, near the prosecutrix's shop, on the evening of the 13th of March. I saw the prisoner Vincent go and untie or cut the pattens from the door-post—he gave them to Lock—I followed them till I saw the officer, and gave them in charge.
JOSEPH HAMMOND (police-constable K 20.) I took the prisoners, and found these pattens upon Lock—he said he bought them at Romford—Vincent said he knew nothing about Lock; but I had seen them in his company previously.
(Two witnesses gave Vincent a good character.)
VINCENT— GUILTY . Aged 22.
LOCK— GUILTY . Aged 46.
Confined One Month.
956. FREDERICK DURHAM was indicted for stealing, on the 22nd of February, 1 waistcoat, value 1s. 6d.; 1 handkerchief, value 2s.; 1 comb, value 6d.; and 1 half-crown; the goods and monies of John Long.
JOHN LONG . I am a painter, and live in Croydon-street, St. Mary-le-bone. The prisoner slept in the same bed with me—on the 22nd of February, I got up at eight o'clock in the morning and left the prisoner in bed—I left this property there—when I came home at night, it was all gone—the prisoner did not return to his lodging—his week was not up—I have not found the property since—no one could have gone into the room but the landlady, to make the bed.
DANIEL MORGIN (police-constable D 38.) I took the prisoner. He said he had taken the waistcoat, and made away with it, but the comb and handkerchief he had at home—I did not know the prosecutor's name, but I asked if he had taken such things from Croydon-street, and he said he had.
GUILTY. Aged 26.—Recommended to mercy.— Confined One Month.
957. JOHN JONES was indicted for stealing, on the 26th of January, 1 coat, value 1l., the goods of James Bennett; 1 coat, value 1l.; 4 pairs of boots, value 1l. 4s.; the goods of Henry Field; 1 handkerchief, value 3d., the goods of Charles Archer; and 1 hammer, value 9d., the goods of Thomas Edward Bray.
THOMAS EDWARD BRAY . I live in Hammond-court, Milton-street. The prisoner lodged in my house—on the 24th of January I missed there articles from the room he slept in—I missed him at the same time—his week was out on the Thursday, and he left on the Saturday—he paid me for nothing—there was a handkerchief among the other goods—it belonged to Charles Archer—I know it by the figure and pattern of it.
Prisoner. I bought the handkerchief two years ago, in Tottenham-court-road; and this hammer I bought in Northampton, seven years ago. Witness. This is my hammer—I know it by several marks on it—I have brought the hammer which the prisoner brought to my house and left there—it has two pieces broken out of it, and he could not have mistaken one for the other—I have had mine in use eight years.
there—I lost it that day—when I came to London I put my tools in it, which made these holes.
ROWLAND. I am an officer. I found this hammer and these handkerchiefs at the prisoner's stall in Long-lane.
GUILTY . Aged 45.— Confined Three Months.
OLD COURT. Thursday, April 9th, 1835
Fourth Jury, before Mr. Sergeant Arabin.
958. ANN HUNT was indicted for stealing, on the 22nd of March, at St. Marylebone, 9 brooches, value 2l. 7s.; 1 neck-chain, value 8l.; 2 rings, value 5s.; 3 ear-rings, value 1s.; 1 ear-ring drop, value 2s. 6d.; 3 clasps, value 3s.; 1 buckle, value 2s.; part of a necklace, value 50s.; 1 snap, value 5s.; 1 purse, value 2s.; 1 bracelet, value 2s.; 1 breast pin, value 1s.; 8 caps, value 21s.; 9 1/2 yards of net, value 6s.; 12 handkerchiefs, value 1l. 2s.; 2 aprons, value 10s.; 2 pairs of stockings, value 2s.; 1 veil, value 2l.; 2 collars, value 5s.; 5 napkins, value 7s.; 1 pair of gloves, value 2s.; 18 yards of ribbon, value 15s.; 5 yards of silk, value 3s.; 1 comb, value 7s.; 2 yards of lace, value 3s.; 1 1/2 yard of cotton, cloth, value 2s.; the goods of Augusta Maria Bingham, her mistress, in her dwelling-house.
AUGUSTA MARIA BINGHAM . I am single, and live in Baker-street, Portman-square, in the parish of St. Marylebone. I keep a male and, one female servant—the prisoner has been in my service two years—about the 12th of March, I suspected her, but said nothing to her—I had missed articles—on the 23rd of March, I called her up stairs about twelve o'clock and said, "Open your boxes, Ann, for I think you have got all my things"—she did not speak a word, but opened all her boxes, which were all locked—the keys laid on the table—all the articles stated in the indictment were in them—she cried, but did not say any thing—she unlocked her boxes before me—some of the articles were in two drawers in her room—I kept them in various placet—most of them in a large black imperial, which was locked with two strong locks, and that was broken open, which raised my suspicions—I have put them at a low value—I know it all to be mine.
DUNCAN MCLEAN . I am a policeman. I was called into the prosecutrix's house on the 23rd March—she charged the prisoner with robbing her of these articles—I searched further, and in one box found a band and another brooch, and her mistress claimed the cap on her head.
Prisoner's Defence. I do not know how the things came into my box.
(Isaac Woolmer, a butler; Mary Woolmer, his wife; aud Robert Hall, a painter and glazier, gave the prisoner a good character.)
GUILTY. Aged 23.—(Recommended to mercy by the Prosecutrix)— Transported for Life.
Before Mr. Justice Gaselee.
959. ELIZA TOYSBIN and ELIZA TOYSBIN, JUNIOR , were indicted for stealing, on the 13th of March, at St. Martin, Ludgate, 84 1/2 yards of silk, value 10l., the goods of Joseph Barnicott, and another, in their dwelling-house.—2nd COUNT, stating it to be in the dwelling-houase of Joseph Barnicott only.
JOSEPH BARNICOTT . I am a draper, in partnership with John Parker, and live at No. 29, Ludgate-hili, in the parish of St. Martin, Ludgate. The prisoners came to our shop on Friday evening, the 16th of March, between seven and eight o'clock—I saw them in the shop, and in a short time my young man, Clemow, informed me he suspected the younger prisoner had purloined some article, she having gone out of the shop at that time—we immediately went after her and brought her back—she was waiting just below the house—we charged her with taking away something, which she positively denied—on lifting her cloak on one side, we discovered this piece of silk under it—seeing that she had several bundles at the time in her hand, I sent for a police-officer to examine them, and he discovered two shawls and various other articles in them—I found the private mark of some shop on the shawls, but not of our shop—the silk is ours, and mensures eighty-four yards and a half—it is worth 10l.—I can swear to it—I believe some has been cut from it, but it is now eighty-four yards and a half.
Cross-examined by MR. PHILLIPS. Q. How do you know the silk? A. I recollect having purchased it six weeks or two months previous—I have about twenty-five shopmen—they are all authorized to sell goods and receive money for goods—I can swear I never sold it myself.
FRANCIS CLEMOW . I am a shopman to the prosecutor. On the Friday evening, the prisoners came into the shop together, between seven and eight o'clock—the elder prisoner asked for flannel—I sold them one yard of flannel—she then inquired for muslin—I had to fetch the muslin from up-stairs—(in consequence of alterations in the shop, the muslins were taken up-stairs)—I sold them a short length of muslin and some calico—the younger prisoner asked her mother for a length of silk—on the counter, by the side of the prisoners, was a pile of silk, three or four feet high—the girl wished to have a piece of black figured silk taken out of that pile—the mother preferred a plain silk instead of figured—while I was fetching a piece of plain black, for which I went seven or eight feet away from them, the younger prisoner upset some shawl handkerchiefs off the counter, a the floor—I told her to be more careful, and not throw the goods about a that way—I sold her half a yard of the silk which I fetched: and while I was getting some other things, this piece of silk was pulled out of the pile over where I took the black silk from—the girl pulled it out herself, out of the four-feet pile—I was convinced there was something not right, seeing her hand constantly under her cloak, and she had a bundle before her on the counter—while I was doing up their parcel, I went round to inform my master—the girl said to her mother, "I may go now?"—the mother said, "Yes," and she went—I immediately acquainted my employer, and we both ran out and brought her back—she was next door, just below our premises—she had turned round to look, and was stopping when I first saw her—we found this silk under her cloak—the mother was still in the shop, and when the girl was brought back she made some exclamation—I cannot positively swear I had seen this piece of silk in the pile, but I saw the girl take it out of the pile—our mark is on it—it is my master's—I had seen it before—I cannot exactly say when—I know it is the piece she took, because it was taken out next to the one I had taken out just before—it is worth about 10l.—the elder prisoner could not leave the shop, after I told my master, as there were several young men there.
Cross-examined. Q. Can you say that piece of silk was in the pile?
A. Yes—a piece of silk was taken from the pile, and this was taken from her—I cannot swear I had seen that piece in the pile—I spoke to my master loud enough for any body to hear in the shop—the elder prisoner beat the child, a few minutes after she was brought back.
Eliza Toysbin's Defence. I did not know my daughter had the silk—when she went out of the shop she took my bundle off the counter—the gentlemen turned round and went after her, and they brought her back—she thought I was behind her, as she had seen roe lay the money down to pay for what I had, and there was nothing more—the gentlemen took me up-stairs, but found nothing more on me or the child.
Eliza Toysbin's, Junior, Defence. I thought my mother had bought it—she was buying silk—there were ladies on the other side, and I did not know but she had bought this—I was noticing the ladies, and not noticing exactly what mother was buying.
(Sarah Street, Widegate-street, Bishopsgate; James Mitchell, cabinet-maker, Rose and Crown-court, New Broad-street; Thomas Kemp, grocer, Milton-street; John Humphreys, fancy trimming-manufacturer, Golden Lion-court, Aldersgate-street; and Celia Mitchell, Rose and Crown-court; gave the prisoners a good character.)
ELIZA TOYSBIN— GUILTY . Aged 21.
ELIZA TOYSBIN, Junior— GUILTY . Aged 9.
Transported for Life.
Before Mr. Justice Williams.
960. JOHN LANE was indicted for feloniously and burglariously breaking and entering the dwelling-house of William Fearon, at St. Giles's Without, Cripplegate, about the hour of four in the night, on the 1st of April, with intent to steal, and burglariously stealing therein 1 drawer, value 5s.; 1 watch, value 36s.; 1 half-crown, and 17 shillings; his goods and monies.
WILLIAM FEARON . I keep the Crow public-house, Moor-lane, Fore-street, in the parish of St. Giles's Without, Cripplegate. On the morning of the 1st of April, my wife discovered that the house was broken open, between six and seven o'clock, and came and told me—I went down about nine or ten o'clock—I missed a watch and 19s. 6d. in silver, which I had put in a drawer in the bar parlour—I had left the watch in the same drawer, and saw it safe about one o'clock the same morning, before I went to bed—I saw if again the same evening, in the possession of Cotterell—I know the prisoner—I have seen him in my house—I saw him there that night, and let him out about half-past one o'clock, as near as I can tell—it was midnight.
BENJAMIN COTTERELL . I am an umbrella-maker, and live in Smith's-buildings. I know the prisoner—I saw him on Wednesday, the 1st of April, about a quarter before ten o'clock in the morning, in the London-road, in a cook-shop, in company with a cabman—directly I went into the cook-shop, he said, "Here is my young master come, he will take care of me"—he pulled a watch out of his pocket, and said, "Here is something to look at"—the cook-shop man said, "You take it away from him, or the company he is in will soon get it away from him"—we went out of the shop—he caught hold of me and said, "Come over to the public-house"—I went with him—I got the watch from him—he put it on the table, for
me to pawn it for 30s.—I took it, and came out with him, and said, "Come home, John; when you are able to take care of it you shall have it"—he was so dnink he could not stand—he had a cabman and a woman with him—I gave it to Mr. Fearon that night—I am sure I gave him the same watch as the prisoner pulled out of his trowsers pocket—he was apprenticed to my father.
JOHN HARDING . I am a watchman. I took the prisoner into custody at half-past two o'clock last Thursday morning, the 2d of April, in a privy in Feather-bed-hill—I asked him what he was doing there—he said he was there for a lodging, he had no where else to go—I asked him to come with me—he said if he had committed any offence he was sorry for it—as we went along, he said, "If I have done so—I dare say I have done so, and I am now telling you I have committed a robbery—I am sorry for what I have done"—the watch was given to meat Guildhall, next day, by Maguire.
JAMES DALEY . I am a watchman. I know Mr. Fearon's house have seen the prisoner there often, and know him by sight—about ten minutes after four o'clock in the morning, on the 1st of April, I saw his standing against Mr. Fearon's shutters, as I was going my round—the shutters did not appear to be broken—I said, "John, what are you doing here?"—he made no answer, but went down the court, into a postage, and shut himself in—in about a quarter of an hour I went by again, but did not observe any thing wrong about the shutters, till the next night, when it was shown to me.
Prisoner. I am guilty of the robbery, but I did not break any thing.
GUILTY of stealing only. Aged 27.— Confined Two Years.
Before Mr. Justice Gaselee.
961. JOHN BARRETT was indicted for stealing, on the 28th of October, at St. Giles Without, Cripplegate, 1 brooch, value 1l.; 3 rings, value 27s.; 1 nutmeg-grater, value 2d.; 1 purse, value 6d.; 2 soveregins; 4 guineas; 1 half-guinea; and 1 shilling; the goods and monies of Daniel Miles, in his dwelling-house:— also on the 24th of December, 1 scarf, value 10s.; 2 yards of jean, value 2s. 6d.; 1 pair of ear-rings, value 30s.; the goods of Hannah Bright:— also 3 shirts, value 6s.; 1 pair of stockings, value 7s.; 1 pair of socks, value 3s.; and 1 pocket-handkerchief, value 4s.; the goods of Arthur Alfred Bright; to which indictments he pleaded
GUILTY . Aged 20.— Transported for Life.
Before Mr. Justice Gaselee.
962. ELLEN GURNEY was indicted for stealing, on the 23rd of March, at St. George, Hanover-square, 1 £10 Bank-note, and 1 £5 Banknote; the property of James Redfern; in the dwelling-house of William Greayer.
JAMES REDFERN . I am a servant, out of place, and lodge at No. 28, Mount-street, Grosvenor-square, at the Barley Mow pubb'c-house, kept by William Greayer. The prisoner has been a servant in that house—on the evening of the 23rd of March, I saw Thompson, the policeman, standing at the bar, between seven and eight o'clock—Mr. Greaycr called me—I went up to my bed-room, on the second floor—(I had slept there for three weeks)—I
had two boxes there—I had seen them safe at twelve o'clock that morning—the box was then locked, and the key in my pocket—on going up, I found the lid shut down, but on taking out the key, and turning it in the lock, I found it was broken open—I missed a £10 and a £5 Bank-note—the officer has them—I should know them again—I had seen them in the box at eleven o'clock that morning.
Prisoner. He gave me the money on the Saturday. Witness. I did not give it her, it was taken from my box.
WILLIAM ELLIOTT . I am shopman to Mr. Deverell, a linen-draper, in Oxford-street. The prisoner came to the shop on the evening of the 23rd of March, about half-past seven or eight o'clock—she was partly intoxicated—she bought a shawl for 18s., and gave me a £5 note—I gave her four sovereigns and 2s. in change—I have the note—I received it from Mr. Deverell yesterday morning—I am potitive it is the same.
THOMAS HENRY THOMPSON . I am a policeman. I met the prisoner in Oxford-street, on the 23rd of March, about eight o'clock—she asked me the way to Portman-mews—I told her, and in going by the King and Queen public-house, I saw Mr. Egerton, the landlord—in consequence of what he said, I went after the prisoner, and met her again in Oxford-street, near the lame spot as before—I asked her if she did not want to go to Portman-mews—she said, "Yes"—I told her to take hold of my arm, and I would take her there—I went as far as Bird-street with her—she then said, "You are not taking me to Portman-mews; this is Bird-street: I shall not go farther with you"—I told her I must take her into custody, for she was drunk, and had got a good deal of money—she said she was not, and threw herself on the ground, and struggled—I went and got assistance, and took her into the Victoria public-house—she had two bundles with her—one was a shawl, and the other a piece of flannel—she asked who gave her into custody—I said, Nobody, that I took her for being drunk—she said she lived in Mount-street—I sent her to the station-house—the had in her hand what I supposed to be a note—I tried to get it from her, but did not succeed—I held her hand till she got to the station-house, and there she gave the note to Bourke, the officer—I heard him read the name of Turner on the note—I did not see what amount it was—I asked her for her money—she gave me 2l. 14s. 6d. out of her Pocket and I took a sovereign out of her mouth.
PATRICK BOURKE . I am a policeman. I was at the station-house when the prisoner was brought there—she had a £10 note—I asked her for it—she gave it to me, and said it belonged to herself—this is it—I gave it to Robinson, the inspector.
JOHN ROBINSON . I have produced the same note at I received from Bourke—he gave me the three sovereigns, and the 14s. 6d. also—the prisoner, when she was brought to the station-house, said her matter had paid her her wages that day, and the money she had, she had received from him that day for wages.
JAMES REDFERN re-examined. These are the notes I lost that day, and which I saw about twelve o'clock—one is a £10 and the other a 5 note on the back of the £10 note I have written the name "Turner"—I had received them from Mr. Greayer, the landlord, for country notes—I took the numbers of them as soon as I received them.
(The prisoner put in a long written defence, stating that the prosecutor
had taken certain indecent liberties with her without her consent, and that he had given her the notes in question as an inducement not to complain.)
JAMES REDFERN re-examined. I never desired her to let me into he room, I solemnly swear—I never gave her the money, or offered her any money—my time was short in the house—the landlord can say I never interfered with the servants—it was all the money I had in my trunk it the time—I looked in my trunk that morning and took some out—I did not miss my money till the officer came, and gave the information to Greayer that he had his servant in custody, and asked him if any thing was lost; and then Greayer called me into my bed-room—he said, "Have you lost any thing?"—I said, "Not that I know of"—he said, "Examine your box;" and on my trying it the clasp fell on the floor.
GUILTY . Aged 22.— Transported for Life.
Before Mr. Baron Gurney.
963. JAMES KENT and MARGARET KENT were indicted for that they, on the 24th of March, in and upon Richard Kent, unlawfully, maliciously, and feloniously, did make an assault, and then and there unlawfully, maliciously, and feloniously did wound him, in and upon his head and face, with intent to disable him. 2nd COUNT. Stating it to be with intent to do him some grievous bodily harm.
RICHARD KENT . I am a bricklayer. The prisoners are not related to me—I have employed the prisoner, James Kent, at times—on the 21st of March, I employed him to do a job for me—I met him very late in the evening of the 23rd, in Seward-street, Goswell-street—the other prisoner is his wife, I believe—she was with him—it was about half-past eight o'clock—I told him if he would come down I would pay him—that was to a public-house, about half-way down the street—we went there, but before that, I had pointed out a public-house, and they said, "Don't go into such a b—hole as that"—we at last went into the White Horse—I said to the man, "Now, James, make your charge; say plenty, for I shall be sure to beat you down"—he said, "Well, I will say ten shillings"—I said, "Very well," and gave him ten shillings—we sat there some time, and drank together—I called for a pot of beer, just before I paid him, and we had a quartern and a half of gin—in a few minutes we went outside the door, and went together to the Cock, at the top of Brick-lane, and had a quartern and a half of gin, and I think three or four pots of beer—while I was in the Cock, the two prisoners got into very close conversation together—I said I never knew such behaviour between them before—I came out of there about eleven o'clock in the evening, or after that, and went away to go home—I said, "Now I shall go home, my wife is waiting for me"—the male prisoner said, "If you will come down to a house below here, I can get in at any time;" and I went with them to the Goat, and there had a quartern and a half of gin, or a pot of porter, I can't be certain which—I was then going home—they told me to come to their house to partake of some porter, which they had in a bottle, and some gin which was bought at the Goat—I went up to their own room—there was a girl there, who told me, after a short time, that my wife had been there—I said, "When?"—she said, "To-night"—the female prisoner said, "You lie, you d—d young b—, it is a fortnight ago, hold your tongue"—the servant said, my wife came there and said that I had money about me—I had five pounds worth of silver, and
ten pence in copper—the prisoners had an opportunity of seeing that I had money about me when I paid the ten shillings—I was coming out of the room, but they complained that they could not get a light at first, and had some trouble to get one—one was got at last, and we drank the gin—I took draught of porter out of the bottle, and said, "Now I must go home to a certainty, my wife is waiting, and she has been after me"—when we had sat down some time, and the light was brought, the female prisoner was sitting on a box—I sat partly on the box and partly on the foot of the bed—I said it was high time to go home—she said, "No, don't go yet, we will have some more to drink"—I said there was none—the male prisoner said, "Yes, there is more in a bottle by the window"—I went to the window, but there was no bottle there—I was going out soon after, and the light was put out—I said, "Very pretty behaviour, I can't go down stairs; why don't you light a candle"—they said, "We have got no candle"—I said I was going home—the female prisoner said, "You b—b—, you have got no home"—I said, "I have, and a good one, and a wife at home, who is your mistress"—she said, "She is nothing but a w—e"—the male prisoner was against the door as I came out, and put his hand on me—I said, "Why don't you make your wife bold her tongue, and let me go out?"—he said, "No, I am d—d if you are going yet"—he put his hand round me—I made an offer to hit him—we clung together and went down—I was getting up, the female prisoner came, and using horrid expressions, said I was to be served out—I said, "If you will let me go out, I will give you all the money I have got, what you want—with that, there was nothing but ill-using me; and the female prisoner fastened on the bridge of my nose with her teeth; the male prisoner was in the act of knocking me about at the lime—I said, "Jem, your wife has got my nose in her mouth"—he said, "Ah, you b—, we have got you now"—I forced her off—but before that, I received a blow" with the poker on the left side of my head—when I pushed her off, I said, "Am I to be a dead man"—the female prisoner replied, "Yes, you b—; serve him out, give it him"—I said, "Jem, is it for the sake of my money"—he said, "Yes, you b—, you are a dead man before you leave the house," and with that I got the blow from the poker, which went to the very bone of my skull, and I was stunned—that is all I can say—I cannot account for any thing after—I was recovering myself when the policeman came in and burst the door open—but I had sung out when the affray commenced—my nose was greatly injured—the bottom part of my nose was completely hanging to me—she fastened a second time on the bottom part; and my head was cut dreadfully—I lost a great quantity of blood—I knew what I war about perfectly well—I was tipsy, but could understand what I was about.
Cross-examined by MR. PHILLIPS. Q. Did you lose any thing? A. I was deficient 13s. 6d.—we had two quarterns and a half of gin; I paid for the first pot of porter, and one or two after at the Cock—the female prisoner got kicking up a row with the bar-maid—that was the reason I came out—I went to the Goat with them, with the husband's persuasion, we had three quarterns more gin—the male prisoner brought away two quarts of beer in the landlord's stone bottle, and three half quarterns of gin—the male prisoner did not go to get the light recovered when it was put out—I never attempted to take liberties with his wife—when she said I was a b—b—, and had no home, I called her a b—faggot—I did not say, "You little b—if you are saucy to me, I will slap your face"—
the servant said to me, "Get away, you blackguard, from my bedside"—the appeared to be in bed, but this was in the dark—I have no doubt she was in bed—the female prisoner did not say, if I did not get away from her she would spit in my face.
Q. Did not the male prisoner come in and say, "We will have none of your bouts here, it will not do?" A. Nothing of the kind—I did not abuse them, before any thing happened.
ROBERT REED . I am a policeman. I was attracted to the house by the cries of "Murder" about a quarter after two o'clock in the morning—I found the door fast, and was obliged to force it open—I went up stairs and found the room door open—I saw the male prisoner and the prosecutrix struggling together—the prosecutor was calling "Murder" in a very low tone—the female prisoner was standing in her shift, apparently in a tremor, with a petticoat or something across her shoulders—there was no light in the room—I got one from a person who lives close by—the prosecutor and prisoner were standing up struggling together—the prisoner had hold of the prosecutor with his knuckles against his throat, inside his shirt—the prosecutor was bleeding, and blood flowing all over his face and hands—blood came from his face and nose—there was something hanging from his nose, as if part of the nose was separated—I could not at first see whether it was flesh or congealed blood—I found afterwards that it was a piece of flesh—he was bleeding very profusely from the head also—I found this poker in the room—the prosecutor appeared very faint—I seized the man and had great difficulty in keeping him from the prosecutor—he fastened on me, and I could not extricate myself from him without a brother officer's assistance—another constable took the woman—the prosecutor appeared to have been drinking; but I should say he knew what he was about, from the account he gave me of the transaction—the male prisoner appeared the same—the woman was more gone in liquor than either a them—I took them to the station-house.
HUGH LEWIS . I am a surgeon. I attended the prosecutor by the request of the Magistrate—there was an incised wound over the sold directly over the frontal bone, on the left side of the head—his nose was very much injured; it was nearly separated.
James Kent put in a written defence, stating, that they had gone to several public-houses with the prosecutor, who had fallen down in the street, and cut his head—that on going to their room, after sitting some time, the prosecutor knocked the candle out, which the prisoner went to get lighted, and on returning found his wife and servant both calling for assistance, stating that the prosecutor had taken indecent liberties with them—on this a scuffle ensued, and the prosecutor beat him in a dread fin manner, which induced him (the prisoner) to call the policeman.
MARY BOND . My husband is a shoemaker—in March last I lived in the same house with the prisoners—I occupied the room facing theirs—I remember the party coming home to their room, about one o'clock, on the Tuesday morning—I heard the first reply the servant made to Richard Kent—the girl said, "Is your name Mr. Kent?"—he replied, "Yes, my lass!"—then said she, "Your wife has been after you, making a deal of disturbance; you had better go home—she has been here, calling Mrs. Kent several bad names"—after that the prisoner got up and struck a light—the girl said, "I can't; I won't"—then Richard Kent said "Get up!"—the
girl would not get up for some time—then Mr. Kent began to sing songs—they all appeared very much in liquor—I heard the prosecutor say to the servant, "You little b—, if you are saucy to me I will slap your face"—she replied, "You blackguard, get away from my bed-side, and go home to your wife"—the male prisoner went down to get a light—he went out of the room—I heard him say, "I will go down to get a light"—it was after that that I heard the servant speak—after he was gone down I heard the female prisoner say, "If you don't get away from me, I will spit in your face"—when the husband came in again, several words occurred—the quarrel began about their wives—Richard Kent said to the female prisoner, "My wife is a lady; your mistress is faced in wax-work"—Mrs. Kent said, "Richard, we have had enough; go home; statch it; none of your bounce over us"—my husband was in bed at the time, but was asleep—I heard the cry of "Murder!" from all of them—they were all crying "Murder" together—I was in the prisoner's room in the morning—I saw two quart bottles and a pint bottle there, and, I suppose, as much blood as would cover the palm of my hand.
CAROLINE BACON . I am servant to the prisoner. I remember on the Tuesday night, the prosecutor and prisoner coming home—I was in bed with the prisoner's child—I said to the prosecutor, "Is your name Richard Kent?"—he said, "Yes, my lass"—I said, "Your wife has been here making a piece of work, and calling Mrs. Kent a great many wicked sames; will you go home, for she has been here a great many times making a noise on the stairs?"—I was in bed then—this was about one o'clock in the morning—I remember the male prisoner going down for a light—after he was gone, the prosecutor went to my mistress—she was very tipsy, sitting on the box—it was very dark—I could see between the lights, between the two windows—he mawled her about, and—she said, "Get away from me, you blackguard, or I will spit in your face"—he came to my bed-side, and tried to pull the clothes off me—I said, "Get away, you blackguard, from the bed-side, you had better go home to your wife"—he used very bad expressions to mistress—the male prisoner came up again—I called him to assist—if it had not been for him I could not have helped myself—Richard Kent was at my bed-side all the time—the prisoner said, "Statch it, Dick, have a little decency, it is a girl you never saw before, get away"—and the first blow the prosecutor gave to James Kent, he broke a window—James Kent had not a light with him when he came up, he could not get one—my mistress told him what the prosecutor had been doing.
COURT. Q. What did she say? A. She said he had been mawling her about, and called him to her assistance—he struck her on her right breast—I saw that, and opened the window, and hallooed out "Murder" ten minutes before any soul came to my assistance—there was a dreadful row, and the policeman came in at last.
NOT GUILTY .
Before Mr. Justice Williams.
JOHN BROWN . I am a contractor for public works. I am engaged at Harlesdon-green, on the rail-road. I had a mare there which I saw safe between seven and eight o'clock on Wednesday, the 18th of March—the
work was then over, and she was put into the stable—I saw her in the stable—I got up about half-past four o'clock next morning, and the mare was gone—in consequence of information, I went towards Uxbridge, about half-past ten o'clock in the morning, which is ten or twelve miles—I found the mare just as I got on the other side of Uxbridge—the prisoner was leading her—I took him into custody—I know him—he was employed on the rail-road—I asked what he meant by taking my mare away—he made no answer, but persisted in keeping hold of her—she had on a bridle and collar, which were mine, and a halter—I am confident it is my mare—she is worth 10l.
Prisoner's Defence. I had been drinking all day, and was come out of a public-house at twelve o'clock at night—I met a gentleman on the road, who gave me 3s. to take the mare to High Wycombe—when Brown overtook me, he knocked me down, made me all over blood; and gave me two black eyes.
GUILTY . Aged 22.— Transported for Life.
Before Mr. Justice Gaselee.
MR. CRESSWELL conducted the prosecution.
JOSEPH VEREY . I was servant to William Cowburn at the time in question—he has a place at Sydenham—I had the care of his horses and cows there—the cow-yard is in a field at Sydenham—there are three gates to the cow-yard. On the evening of the 26th of May, 1834, I saw the cows and gelding safe in the yard, between five and six o'clock—the gates were closed and fastened—I went to the yard between five and six o'clock next morning, and missed the black gelding—I traced the footmarks of the horse across the field towards a gap in the hedge which was not there the night before—the gap was made in the night—I saw the gelding again at Mr. Bird's stables on the 2d of November, at Maida-hill—there were several other horses there—I had known the black gelding four or five years—my own father bred it—when I found it, the tail was cut off, and the mane altered—the heels had been trimmed, but it was in better condition than when I lost it—it was delivered to me on the 19th of November.
RICHARD BIRD . I am an omnibus proprietor, and live at Maida-hill. I have known the prisoner about three years—I saw him about June last year in Carlisle-street, riding a black gelding—I told him he had got a tight horse there: was he for sale—he said, "Yes"—I asked him the price—he said twenty-five guineas—I told him it was rather more than I should like to give, but if he and I could make a chop, as I had some old horses, I would try and deal with him—he said he would come and see them—he came to my stables, and afterwards we dealt—I asked what the horse had been doing—he said he had been drawing a calf-cart in the country; either Surrey or Sussex, I think he said, but I forget—I gave him three horses and 8l. 15s. in money for it, which I consider to be worth 23l. together—I had the horse's tail docked and trimmed—it was claimed on a Sunday in November, by Jefferson and Verey—I had seen the prisoner frequently
between November and when I bought it—I did not see him from the time the horse being claimed until his apprehension at all—I made inquiry after him—I knew him by the name of James Griffiths.
Cross-examined by MR. DOANE. Q. You had known him some years? A. Upwards of three years—he had been a stable-keeper—I first knew him as an omnibus proprietor.
SAMUEL JEFFERSON . I am a police-officer of Union-hall. In consequence of information I received, I discovered this gelding at Mr. Bird's—I took Verey with me on Sunday, the 2d of November—he identified it among six or seven others in the stable—I ascertained from Bird where he got it, and looked for the prisoner—I found him on the 21st of February, at Barnet—Smithers was with me—I took him into custody and put hand-cuffis on him—I took him on another charge, which he was discharged for—he held his hands up to Smithers with the handcuffs on, and said he would smash him with them—we then told him we took him for stealing Mr. Cowburn's horse from Sydenham—we said nothing about the other charge—he had been taken in the name of Palmer; he called himself Palmer—he denied his name being Griffiths—Smithers identified him at Griffiths—he was angry at that.
JOSEPH SMITHERS . I am an officer of Union-hall. I accompanied Jefferson to Barnet in February, where the prisoner was taken—I have seen him several times before, and have heard him called James Griffiths—I had been inquiring after him many times—we took him to a public-house, and there he said, "I shall not go without you tell me what I am wanted for"—Jefferson told him he was wanted on suspicion of stealing Mr. Cowburn's horse—he said he knew all about that, and he wished he might get into the same prison where the (using a bad name) was that nosed upon him—he said, "You now know me by the name of Griffiths? you never knew me by that name in your life"—he held up his hands and said, "I will smash your brains out with the handcuffs if you say so again"—I told him I did know him by the name of Griffiths.
Cross-examined. Q. Did you state one word before the Magistrate about his having said somebody had nosed upon him? A. No.
NICHOLAS EDWIN . I am clerk to the magistrate at Union-hall. I took the depositions in this case—I saw the Magistrate sign them—these are them (looking at them)—at the second examination the prisoner said something which was taken down in writing, but not signed by him—it was signed by Mr. Trail, it was read over to him—itis in my handwriting—I heard him make the statement, and read it over to him—I asked him to sign it—he said as his solicitor was not there, he should decline to sign it—he did not say it was not correct (reads)—"The prisoner this day says, I came honestly by the horse, and know of whom I bought it, but decline giving his name—I changed for it on the Saturday—I know the man's name and where he lives, but decline giving his name or address—there were eight or nine persons present when I bought it, but I decline saying where it was, or any more, my solicitor not being present."
Prisoner's Defence. When I was apprehended, the reason I gave the name of Palmer was, that I was respected by a numerous circle of friends, and did not wish my name to go forth in the papers to disgrace myself and friends; but I declare I never denied my name to Smithers or Jefferson—Jefferson is not the man who put the handcufs on; it was Smithers—I never offered any violence whatever, nor did I give him a word amiss; but when he upbraided me for being taken in charge for the other thing, which I knew
I was innocent of—when I chopped for the horse it was on Saturday the 14th of June, I saw a man named Green—I gave him another mare for it, and 9l. 10s. in money—the mare was worth about 12l.—I asked him how long he had had him—he told me about three weeks—I asked what he had been used to—he said he chopped for him out of a calf-cart, and since he had had him he had been to work at Moulsley—there were several people present; one or two I believe are here—in fact, I borrowed 5l. towards paying for the horse of one Ross—I received the money for him, on the 19th of June, from Mr. Bird.
JAMES ROSS . I am a hatter, and live in Duke-street, Lisson-grove Paddington, but do not carry on business there. I recollect being at the Nightingale public-house, at Paddington, about the middle of last June—(the 13th, 14th, or 15th, I cannot say exactly)—about eleven o'clock in the morning—Mr. Newbank and I were there—we went to have a glass of ale; and on going into the gate the prisoner came on a bay horse or mare, I cannot tell which—Newbank stopped to speak to him about the horse, he being in the business—I went into the house while they were talking—after that a person, who I believe was Green, came on foot—I afterwards saw him with a black horse with a long tail and mane—some conversation took place between Griffiths and Green about dealing, I suppose—I understood Griffiths made a chop with Green to take the bay horse or mare in chop for his horse, and to give him so much money, 9l. 10s., and the bay horse or mare—they made a bargain—I did not hear the conversation, nor did I hear them agree to the exchange—the 9l. 10s. was to be given to Green by the prisoner—Griffiths paid him nine sovereigns and ten shillings—I lent him 5l. out of my own pocket to make up the 9l. 10s.
MR. CRESSWELL. Q. Where do you carry on your business? A. My manufactory, at least the house I do business with, is in London-wall—I have no manufactory of my own—the last place I sold my hats was at No. 45, Old-street-road, where I was a parishioner of Shoreditch for upwards of twenty years—I have no particular place of business at present—my wife died, my family are away, and I do not keep house any longer—I live in the house of a person named Keefe—I have known the prisoner fourteen, fifteen, or sixteen years—I had not made any appointment to meet him at the Nightingale—I never lent him money before—he has owed me money—I took no acknowledgment for the 5l. I lent him—he has paid me since (about a week, or eight or nine days ago) at the Olive Branch in Earl-street—there were people present, but they knew nothing of our transaction about paying money—I cannot say that I know any of their names.
Q. How can you fix it as the middle of June that you lent him the 5l.? A. I made a memorandum on a bit of paper in my pocket—I cannot say to the day of the month, but I am almost positive it was Saturday—I destroyed the bit of paper after the money was paid me—I did not put any date to the paper, but to the best of my recollection it was the middle of June—it is very probable I might have been in the public-house on other days in June, ten times—I was not there twenty times—I do not know any thing about Green now—he kept a horse and cart, I understand, and went about the country to different fairs and places with ginger-beer—I do not know where he is now—I saw him two or three times after the swap—I have not seen him for a month—I had not seen the prisoner for some months before he was taken into custody—I learned that he was in custody about a month ago, for what he is here upon now—he never sent for me, and I did not go
to him—in consequence of hearing of this case, I said I would go voluntarily and state what I knew of it—I have not been subpoened—I said that to several people—Mr. Newbank for one, also Fisher, Johnson, and Carpenter—I do not know how these particulars have got into the Counsel's brief—I have not communicated it with the prisoner's solicitor, nor said I was coining to speak for him.
MR. DOANE. Q. Have you communicated what you knew about this to the prisoner's wife? A. I have—I made the memorandum at home on a small bit of paper which I had in my pocket and a pencil—I made it the same day—it was, that I lent the prisoner five sovereigns—it was the making of that memorandum which enables me to speak to the period at which this transaction took place—I had no account with the prisoner at that time—he owed me nothing—he has owed me money, and paid me honourably.
COURT. Q. You say you communicated to the prisoner's wife what you meant to say here? A. Not what I meant to say, but that I meant to come—that is about three weeks ago—the prisoner's solicitor did not come and take down an account of what I was to say.
JAMES NEWBANK . I am a coachman on the Paddington-road. I was at the Nightingale public-house about the middle of June last—I saw the prisoner there—I believe I was there before him a minute or two—after I had been there about five minutes, a person came up, apparently a horse-dealer by his dress—I did not know his name myself—I have heard some call him Sweeney, and others call him Green—Green and Griffiths were trying to make a chop, trying to exchange horses—I had seen a bay horse belonging to Griffiths; the other was a black horse, a different sort of horse altogether—that was Green's—they made the exchange—when I heard them talking about the price, I stood on one side, as I thought I had no right to hear about the deal—when I got into the garden, he said he had dealt, but was short a few pounds—Mr. Ross said, "If you want a few pounds, I will lend them you—how much do you want?" and Ross lent him five sovereigns—I have seen the black horse since in an omnibus belonging to Mr. Bird—as I was in an omnibus, I saw him go by in an omnibus—I have no doubt it was the same horse as they swapped, from the mark in its face.
MR. CRESSWELL. Q. What time of the day were you at the Nightingale? A. I think between eleven and twelve o'clock—I had known Green, by sight before, seeing him about Paddington, with horses at different times—I should think they were dealing fifteen or twenty minutes—I had no watch or clock—I was not there more than twenty minutes, I should think—the house is by the road side—Green asked him first, if he would sell the mare—he said, "Yes"—then he said, "I have a black horse here, which is rather too big for me, I will chop if you like"—the prisoner was on a bay mare—I saw 9l. in gold, and 10s. in silver, paid—I saw the black horse, ten or twelve days afterwards—I think he had his long tail and long mane then—I just caught sight of the mark down his face, and knew him—I knew him by his actions—he was a particular actioned horse—I had seen Green on a horse in the Edgeware-road, early in the same morning as I saw him at the Nightingale, but I cannot swear he had the same horse then, as I was too far off—I do not know where Green is—I heard that the prisoner was taken up about ten days ago—I did not go to him, and he did not send to me—two young men, at Paddington, had got a petition out to raise a subscription for him—they asked me to give something towards
the petition—I asked who it was for—they told me it was to raise money to get a counsel for James Griffiths—I asked what it was for, and they told me it was for a horse he had sold to Mr. Bird—I asked how long it was that he had sold it—they said, "Last summer"—I asked if it was a black one—they said, "Yes"—I said, "I have no doubt that was the horse I saw him buy at the Nightingale"—they said, "If you know any thing of the transaction, you had better go forwards, as he is going to be tried for the offence"—the solicitor came to me afterwards—I do not know his name—I have not seen him here—the young men are, Richard Carter and William Savage—I am not aware that they are here—there were thirty or forty people round at the time—it was where all the coaches stop, at Paddington—I spoke from my box.
COURT. Q. Where does Griffiths live? A. I do not know—I always knew him as a coachman—he drove for me ten years ago.
COURT to JAMES ROSS. Q. Where does the prisoner live? A. I do not know—about eighteen months ago, he lived opposite Earl-street, at Paddington—I do not know the name of the yard—he had stables there—he lived somewhere at Paddington in June, but I do not know where—his wife was living somewhere in the neighbourhood of Whitechapel, but I do not know where—I met her in the Borough, when I told her I meant to come.
WILLIAM KERSLEY . I am a shoemaker, and live at West Moulsley. I recollect, in last May, seeing a man with a black horse, it was the first day of Epsom races—he went by the name of Sweeney, at Moulsely—I have heard him called by the name of Green—he put up at the Traveller's Friend, close to my house, kept by William Eggleton.
MR. CRESSWELL. Q. How many men, with horses, did you see that month? A. Two that morning—a good many horses come through Moulsley—I noticed that horse particularly, from seeing him put up there; and being questioned since about it, I remember the horse and the man—I have known him about twelve months—I believe he lived about a mile out of Moulsley, for a few months—he was not a man that I knew much of—I did not speak to him at the Traveller's Friend—it did not strike me as any thing particular for him to come there on a black horse—I have nothing to do with horses myself—I never saw the horse before or since, to my knowledge—I have seen nothing of Green since that—I do not know where he is—I told Eggleton, who keeps the house, that I saw the horse come in that morning, and two men—I told him within the last few days—I was talking to him about it, hearing a man talk about the man, and that it proved a stolen horse—I did not mention it to any body besides Eggleton—a stranger brought a subpoena to bring me here.
COURT. Q. When did you first hear that Sweeney had gone by the name of Green? A. On Tuesday, when I came up.
WILLIAM EGGLETON . I keep the Traveller's Friend public-house, at West Moulsley. I recollect, about the latter end of May, two men and two horses putting up at my house—it was the first day of Epsom races—the first man had a black horse—we called him Sweeney—he lived just out of our village—some call him Green—I do not know rightly which is his name—I went to the races to take some things—when I came home at night, he was there—I went again to the races next morning, and never saw the other man afterwards—I saw Green afterwards—he took the horses away—I do not know who the other man was—Green left my house during my absence, and took away both horses—I do not know what has become
of him—I saw the same black horse as he took from my house at Sydenham, last Saturday—the 10th of June was the last time he was at my house—I went with Verey, and saw it in a meadow at Sydenham—I do not know whose meadow it was—he showed me the same black horse that I saw at my house on the 10th of June, but it, has been greatly disfigured since.
MR. CRESSWELL. Q. What brought you here?—I was subpoened by a gentleman named Mr. Edmonds—I believe he is the attorney—I have seen him here to-day—I cannot tell how he knew that I knew any thing of the matter—I did not talk to any body of it—I never knew the horse was lost till somebody came to my house once or twice when I was not at home—I did not know it was lost till the week before last—these was word left at my house, and inquiry made about such a horse being there—I cannot tell how Mr. Edmonds found me out.
COURT. Q. When did you first hear that Sweeney was called Green? did you know him go by the name of Green? A. Yes; they called him so in our place at the beginning of last summer, or winter, or spring—he lived there.
NOT GUILTY .
First Jury, before Mr. Common Sergeant.
966. MATTHEW WESTLAKE was indicted for stealing, on the 18th of March, at St. Pancras, 2 rings, value 10s.; 1 breast-pin, value 5s.; 19 soverigns, 23 half-sovereigns, 4 crowns, 30 half-crowns, 14 shillings, and 6 sixpences; the goods and monies of Edward Mayes, in his dwelling-house.
EDWARD MAYES . I am a printer, and live at No. 42, Hadlow-street, St. Pancras—I have known the prisoner between three and four years. On Tuesday, the 18th of March, he came to my house, and said something about the duplicate of a coat—I was to go with him to the pawnbroker's, to see it—my wife went out while he was there, and I left him in the kitchen while I went after my wife; I was absent about half an hour—when I came back he was gone—I had a box in my kitchen the night before, a silk bag in it with money in it, and fifteen duplicates, two gold rings and a gold pin—I afterwards missed the bag and its contents—there was about 36l. in the bag when I saw it last—I had seen the property safe about three days before I left him in the house.
Cross-examined by MR. CRESSWELL. Q. Have you another house in the same street? A. Yes, No. 9.—I let it out in tenements—I do not let it out to women of bad fame, that I am aware of—I do not keep any at my house, No. 42—I cannot swear it—I never asked them—I am not aware that any strangers come to see them—there are no ladies come but what lodge there—there are only two females in the house—some of the ladies live in one part of the house and some in the other—they never come down in the kitchen—they dine in their own apartments—they have the opportunity of coming into the kitchen.
ELIZABETH MAYES . I remember the 18th of March, when the prisoner came to our house, about a quarter before three o'clock—he was to have come at two o'clock—I had a box in the kitchen at that time—I had opened it the evening before and took out 4s.;—there was near 40l. in it then—I cannot say exactly to a few shillings—it was in gold and silver—there were two gold rings, a gold pin, and fifteen duplicates—the box was locked when I went out—I was out about half an hour—I returned at about a quarter to three—I did not observe the box till a little after nine; it was
then unlocked—I examined it, and missed the bag, containing the money and other articles—I had never left the room between my coming in and nine o'clock—my servant had been down—no one could have taken it at that time without my knowledge—I locked it about half-past seven o'clock the evening before—I did not observe the state of the lock on the following morning.
Cross-examined. Q. At what time did you go out? A. About a quarter before three o'clock—I did not look at the lock after I locked it the night before—we had a lady and gentleman lodging in the house—they are man and wife, I suppose—we have two lodgers; one named Seeley, a tailor, and his wife; the other name Stanley, an attorney's clerk; they have friends come to see them—I cannot say whether any body called on then from the time I locked my box up—I believe they are respectable people—I am not aware that they are prostitutes—I never asked them the question—I should consider it wrong to do so.
COURT. Q. Are we to understand there are only two females in the house? A. Yes; but they are married females, for what I know; both the lodgers have their wives with them—(looking at the property) both these rings are mine, and these duplicates I can swear to being mine—these rings were in the bag with the money over night, and the duplicates.
MR. CRESSWELL. Q. What are they duplicates of? A. I cannot swear to every article; they are duplicates I have taken for a debt, to return them again—one is for a silk cloak, and snuffers and tray—three of them are in my own name—I know the ring, because in the hem of it the centre stone has been out, and I have had one set in it which is not exactly the same colour—we had a duplicate some time back of a great-coat—Westlake wanted us to get it out, but I never went after it.—I do not know whether it is here.
WILLIAM SMITH (police constable F 158.) I heard a cry of "Police," at the Boar and Castle, Oxford-street, about a quarter to three o'clock on the morning of the 19th of March—it was the prisoner crying out—the was a scuffle, and somebody gave him in charge for making a noise—he had a bundle under his arm, and was rather intoxicated—he was quite aware of what he was about, and what he said—he called a cab, to take him to Milton-street—I called him back, and asked if I should ride with him—he said, he had no abjection—I went from there with him to Milton-street, Euston-square—on the road, he burst into tears several times—I asked him what was the cause of his being so grieved—he said, he had been charged that night as a thief; and he said he was one—he said, he had robbed a friend of his, in Burton-crescent, of 29l. that day—about that time we had got to Milton-street—he knocked at No. 8, and asked if Mrs. Scott was at home—a woman in the area said she was locked up at the station—I said, "Sir, you had better go with me to the station"—we got into the cab again; and going down Little Albany-street, he put one shilling into my hand, and told me to go to the station and make it all right for him, if I possibly could—I did not know what he meant—I told him I would do all I could for him, and asked him what his wife was locked up for, as he said Mrs. Scott was his wife—he said it was on this robbery—he said, "Will you make it all right for me? I have fifteen sovereigns in my pocket, and I will give you one, if you will go to the station and make it all right"—I said, "I will do the best I can for you;" and with the one shilling he gave me, I left the cab, and went into the station—I ran into the station and called another man—I took the prisoner
into custody—I searched him, and found on him the whole of this property—he had a bundle under his arm, this ring on his little finger, this other ring in his pocket, and this silk bag in his great-coat pocket—I found nine shillings and seven-pence halfpenny on him; which, with the shilling he gave me, made ten shillings and seven-pence halfpenny—I founds card in his pocket, which made me go to Mr. Gurney—he said he had left eight pounds ten shillings there.
JOHN GURNEY . I keep the Southampton Arms, Tottenham-court-road. The prisoner came to my house at about half-past eleven o'clock on the 18th of March he called for a pint of rum—I saw he was very tipsy, and had money in his hand—I pressed him to leave it with me—he left 8l. 10s. with me—I persuaded him to go home.
JAMES FELL . I am chief clerk at Mary-le-bone office—the Magistrate's signature is to this examination (reads)—the prisoner says,"I was reduced in circumstances—that made me do it—I bought the shirts with part of the money."
GUILTY. Aged 24.—Recommended to mercy by the Prosecutor.
Transported for Life.
967. JAMES STUTCHBURY was indicted for feloniously receiving, of to evil-disposed person, on the 25th of March, 20 bushels of malt, value 8l., of John Watts, well knowing the same to have been feloniously stolen, against the Statute, &c.; to which he pleaded
GUILTY. Recommended to mercy.— Judgment Respited.
There being no evidence against the prisoner, but an extorted confession, he was
JAMES PEARSON . I am a silk-dresser, in the employ of James Smith and others, in Horse-shoe-alley, Moorfields—I live in Bethnal-green-road—about a quarter to nine o'clock, on the morning of the 24th of March, I went up to the shop; the prisoner was there—he ought to have been at his breakfast at that time—I saw, by his side, four pieces of silk handkerchief and a pair of scissors—the handkerchiefs had no business there—I asked him what business he had there, he said, "Nothing"—I said, "What do you do with these pieces?"—he said, "I was doing nothing with them"—I said, "They have no business here, did you bring them up?" he said, "No"—I looked over them, and there were eleven handkerchiefs on each piece instead of twelve—I said, "What have you done with the other handkerchiefs?" he said "Nothing"—I took his hat off; and found four handkerchiefs in his hat, which corresponded with the four pieces, and I believe were cut from them—I examined them, they seemed to correspond in quality—I gave them to Mrs. Smith, who gave them to William Smith, in my presence.
Cross-examined by MR. PAYNE. Q. Were they dressed or undressed? A. Undressed—the prisoner went home afterwards; but whether to breakfast, I cannot say—I found him at home—I went with Wood, to his mother's house—his mother asked me what was the matter—I told her there had been a fight between another boy and him, that was not true—
I said so to bring him back to the shop—he ran out of the shop when I found the handkerchiefs, and begged of me to say nothing about it.
Cross-examined. Q. Did you lose sight of them? A. Yes—I left them on the table, and found them still there.
NOT GUILTY .
NEW COURT—Thursday, April 9, 1835.
First Jury, before Mr. Common Sergeant.
GUILTY . Aged 19.— Transported for Seven Years.
971. ELIZABETH JOYCE was indicted for stealing, on the 26th of March, 3 shirts, value 15s.; 3 sheets, value 10s.; 3 handkerchiefs, value 8s.; 1 pillow-case, value 6d.; 2 table-cloths, value 4s.; and 1 towel, value 6d.; the goods of Henry Wakefield, her master.
GUILTY . Aged 49.— Confined Three Months.
GUILTY . Confined Four Days.
GUILTY . Confined One Month.
GUILTY.—Recommended to mercy by the Prosecutor.— Confined Two Months.
975. SARAH LENNY was indicted for stealing, on the 17th of December, 1 ring, value 3l.; the goods of George Corbett, her master: also for stealing, on the 15th of March, 2 shawls, value 13s.; the goods of Ann Bigg; to which she pleaded
GUILTY.—Recommended to mercy.— Confined One Year.
Before Mr. Recorder.
HENRY ALLEN (police-constable N 250.) I live in Rodney-street. On the night of the 20th of March I was in Lower-street, Islington, about eight o'clock—I saw four men near Mr. Barren's shop—he is a linen draper—I walked on, on the other side of the way, and saw one man cross the road—I ran after him—he went down River-street—I ran across a brick-field, and got to the top of River-street, where I had seen the man go down, with something, which I supposed to be linen—I stopped about a minute, when the two prisoners came up in conversation, and Hunter was carrying a bundle—I followed them about fifty yards, and then asked Hunter what he had got there—he said, "It is mine"—I said, "You are my prisoner"——he then threw down the bundle, and I took him to the station—it had two pieces of linen in it—King walked off—he was a yard or two before Hunter—I am sure they were together—I had seen them both together before the prosecutor's shop, and I saw them again in River-street, in two or three minutes—I had known King a considerable time.
King. Q. How long had you known me? A. Two or three years—I heard you had been in custody—I am sure you were, with Hunter that day, and he told me where to find you.
EDWARD GEORGE BARRON . I keep a linen-draper's shop, in Norfolk-place, Lower-road, Islington. Here is about twenty yards of linen sheeting, and about twenty yards of diaper which were taken from my premises on the 20th of March—this handkerchief was round the linen when it was taken from the prisoner—it is not mine.
HENRY ALLEN re-examined. When I took Hunter, he called to King, and said, "King, he says I have stolen this linen!"—King said, "What!" and he returned a short distance—I told him if he came within my reach I should take him—he then turned and walked away.
HUNTER— GUILTY . Aged 22.
KING— GUILTY . Aged 18.
Transported for Seven Years.
JAMES BYATT . I live in Wick-lane. Hackney, and am a gardener. On Monday, the 16th of March, I saw my wife hang out, a coat to dry on a post in my garden, within forty or fifty yards of the public road—there is no path or thoroughfare in my garden—I saw the coat safe at one o'clock, when I went to dinner—the prisoner was afterwards brought to me with it, and said he did not steal it, but a man took it with a pitchfork, and said, "Here, boy, is a coat for you"—there is a hedge and a ditch round my premises, and a gate which fastens with a chain, but any one could get in—this is my coat.
JOHN ADAMS . I am the son of Catherine Ruddle. On the afternoon of the 16th of March, I was at work in a garden—I saw the prisoner coming along with the prosecutor's coat; he said a man gave it him with a pitchfork and said, "My man, here is a coat for you"—I took him to Byatt.
Prisoner's Defence. I was going along, and a man came by with a pitch-fork
on his shoulder: he said, "Here, my boy, is a coat for you," and threw this coat to me.
GUILTY. Aged 16.—Recommended to mercy.— Confined Three Months.
978. ANN SCOTT was indicted for stealing, on the 21st of March, 1 watch, value 2l. 16s.; 1 watch-chain, value 1s.; 1 seal, value 1s.; 1 watchkey, value 1s.; and 1 handkerchief, value 1s.; the goods of William Cleverley.
WILLIAM CLEVERLEY . I am a journeyman baker, and live in Mary-lebone-lane. On the 21st of March, I fell in company with the prisoner at the Queen's-head, High-street—she came into the company I was in, and as they were quarelling she placed herself by my side, and asked me to go to the bar, and take something—we went and had a pot of half-an-half, and a quartern of gin—she then asked me the road to Oxford-street, and said she wanted to go to Brentford—we went on towards there—she said she was poorly, and should not be able to go to Brentford that night; could I tell her where to get a lodging—I asked a man, who directed us to No. 14, Woodstock-street—I went there with her; they said, it was too early—I said the woman was poorly—the woman of the house went up stairs and came down again, and said, she could have a lodging, and it would be two shillings—the prisoner told me to pay it and she would treat me—we went out, and had some half-and-half and some oysters—she then agreed that I should go to the house to take care of her—I was to go to bed and she was to sit up—we went back—I took my watch out of my pocket, and laid it on the table—I then undressed and went to bed—I went to sleep, and when I awoke, I missed my watch and the prisoner—I went and found her at the Hog in the Pound—I got an officer, and said that was the woman—the policeman took her, and said, "You have stolen this man's watch" she began to fumble, and pulled out the case of the watch—I said "That is part of it, but there is more"—I then saw she had my handkerchief, which I had not then missed, but I had left it in the room—she was then taken—all that she said was, "Here they are"—she did not say she had taken them to take care of.
Q. Have you never said that she did say so? A. There might be such a thing said—I was not sober when I went to the house—I was when I awoke.
Prisoner. I do not recollect meeting him at the Queen's Head at all—I saw him at the Hog in the Pound—my bundle was in my hand, he has it now—he told me, he would bring me to an honest place, and he took me to that house—I went into the parlour, and said to the woman, "Will you put me into some place, and put some of your children with me?"—she took me to that room, and the man was in bed—I said I would not go into the room for I did not know what he wanted, without it was to kill me—he told me he was a distressed man and out of employ, he had not a farthing—he had my bundle in his room, and gave me this watch to take care of for him.
Witness. Her bundle is at the lodging-house now—she never went into the parlour—she went into the room, and sat down in the chair, and said that was where she should sit for the night—I went for no other purpose but to take care of her—I was partly intoxicated.
JAMES NOBLE (police-constable D 51.) On the night of the 21st of March, the prosecutor came to the station-house about a quarter past eleven o'clock—he was dressed as a journeyman-baker—I went with him
to the public-house, and I saw the prisoner—he said, "This is the woman that robbed me of my watch"—she said, "Well, I have got his watch"—I said, "Give it to me"—she gave it to me out of two handkerchiefs—the prosecutor then said, "You have got my handkerchief"—I took her to the station-house—I found on her this handkerchief, doubled up as it is now, as if it came off a man's neck—the prisoner said, she took the watch to take care of—she did not state that she had left her bundle in Woodstock-street, and I did not go there—I believe it is a bad house.
WILLIAM CLEVERLEY re-examined. Q. Did you go to that house with intent to pass the night there with her? A. No; I went at her proposal that I should go to bed and she sit up, because she was poorly—she appeared to have been drinking when she was at the station-house—I went back to the house, as I had left my braces—the woman said there were a lot more things, but I did not look at them—the prisoner sent for the bundle on the Tuesday or Wednesday after she was committed—the woman would not give it up—she said I must get an officer, which I did—the bundle was given up, likewise a night-cap of mine—I know there was a gown in the bundle, which appeared to be worth two or three shillings—I did not see any money.
(The prisoner put in a written defence, stating that the prosecutor had accosted her in the street, and promised to take her where she could lay down, she being ill; but to her surprise, he took possession of the bed himself; upon which she refused to lay down, and afterwards went to the public-house for refreshment; and that the prosecutor had given her his watch to take care of for him.)
COURT to WILLIAM CLEVERLEY. Q. Did you know of the prisoner having any money? A. She pulled a canvass bag out of her bosom two or three times—she proposed that I should take care of her, as she did not like to go into a strange place by herself—I did not propose to take care of her money.
NOT GUILTY .
976. SARAH CLARK was indicted for stealing, on the 2nd of February, 1 breast-pin, value 1s. 6d.; 2 caps, value 1s.; 1 petticoat, value 1s.; and 5 yards of ribbon, value 1s.; the goods of William Johnson; and that she had been before convicted of felony.
BARBARA MARIA JOHNSON . I am the wife of William Johnson—I have known the prisoner some years—I employed her to work for me, and she was at my house some days—she left on the 2nd of March—when she was gone I missed these articles—in five or six weeks she came with my ribbons on her bonnet—she had one of my caps in her pocket, and one was at her lodging—my little boy pointed out the ribbons—the prisoner said they were mine, and what did it signify—I asked what the had done with the rest of the things—she said she knew nothing of them—I said, if she would give me my husband's breast-pin, I did not care—she said the knew nothing about them, and I might go to her lodging and see—I went to my work, and then I said I would go to her lodging—she said if I went out, she would kick up hell's delight—I went to her lodging and found the other cap there, and when I returned, she had been taken into custody by my brother—she said she knew nothing of the breast-pin, but she had sold the petticoat.
JOHN SCANLAN (police-constable K 102.) I took the prisoner, and searched her at the station—I found this cap on her—she at first denied knowing any thing about the pin or petticoat; but afterwards said she sold the pin for 2d. and the petticoat for 6d.
Prisoner's Defence. She was in the habit of going out; and a man, named Downes, used to come and fetch her—her husband took very unbecoming liberties with me—I never had her things—the cap found on me was my own.
GUILTY . Aged 22.— Transported for Seven Years.
980. JAMES AYERS was indicted for stealing, on the 12th of March, 10 plates, value 10d.; 2 dishes, value 1s. 6d.; 6lbs. of bacon, value 3s.; 4 brushes, value 4s.; 1 washing-tub, value 3s.; 1 saucepan, value 2s.; 6 lasts, value 4s.; 30 books, value 12s.; 1 bed, value 2l. 2s.; 1 pillow, value 3s.; 1 bolster, value 5s.; 1 counterpane, value 10s.; 2 blankets, value 10s.; 1 mustard-pot, value 2s.; 1 jug, value 6d.; 1 table-cloth, value 3s.; 5 gowns, value 2l. 10s.; 1 pair of stays, value 3s.; 2 shawls, value 2l.; 2 night-gowns, value 3s.; 2 shifts, value 12s.; 4 caps, value 4s.; 6 aprons, value 4s.; 3 frocks, value 4s.; 6 pairs of stockings, value 9s.; 4 chairs, value 16s.; 2 petticoats, value 3s.; and 1 cwt. of leather, value 11l.; the goods of Richard Walton, his master.
RICHARD WALTON . I am a shoemaker, and live at Isleworth. The prisoner had been apprenticed to me, and afterwards lived with me as journeyman—my wife left my house late on the 9th, or on the morning of the 10th of March—but I cannot say at what time, as I was in bed and asleep—the prisoner left at the same time—when I got up and looked about, I missed all the articles stated—I have seen them since, in the officer's hands—they are worth 25l.—I never saw the prisoner in possession of any part of it.
Cross-examined by MR. DOANE. Q. Had you had any words with your wife? A. Yes; but not that day—we had on the Saturday night—I had not told her she might go away, as I could do very well without her—I do not recollect saying it—not if I was in my senses—I suppose I have quarrelled when I was not in my senses—I did not say she might go, and take the things with her—I did not say so on the Saturday—I swear I did not say she might take the things with her.
COURT. Q. Were you irritated at the course of conduct you supposed she was engaged in? A. Yes, I had expressed myself so—I might very possibly say she might go, but I never gave her permission to take my goods away—this conversation took place in the hearing of the prisoner—my wife came to town on the Thursday, and the prisoner came with her—I told her it was a very strange thing she could not go without him—I did not like the look of it at all; and one word brought up another, till it was time to kick up a row with me—we were on good terms the day she left—nothing had passed in the course of the quarrel about her taking the things away—I was not so much intoxicated on Sunday as not to know whether I gave her leave to take the things or not.
JACOB CROWTHER . I am constable of Isleworth. On the 12th of March I followed an empty cart in the village, between twelve and one o'clock in the morning—it stopped at Hicks's house—while I was standing near, the prosecutor's wife passed by me, as I was watching the cart, suspecting
the goods would be loaded into it—I went on towards the cart, and saw the prisoner and others engaged in putting goods into it—the goods were all put up but four chairs, which were tied two and two together, and were standing near the cart—I said, in the prisoner's presence, that it was an unusual time of night to be moving goods—I have no doubt that he heard me—I asked the gentleman the cart belonged to, whose goods they were—he said, "To that young man," pointing to the prisoner—I then asked the prisoner if they were his goods—he said they were—I then said, "You are my prisoner, these goods are stolen"—the prosecutor's wife was not there then—I left the prisoner in charge with Mr. Temple—I went after Mrs. Walton, and brought her back—I then secured the goods for the night—Mrs. Walton, the prisoner, and I, went to the prosecutor's in the morning, and told him what I had done—I heard that Mrs. Walton had left her husband on Monday night, the 10th of March.
Cross-examined. Q. Did you see Mrs. Walton pass the cart? A. She did not pass the cart—she passed me as I was standing about a hundred yards from the cart—I understood she came out of the house where the cart stopped—Mr. Temple was assisting the prisoner to load the cart, and Mr. Temple's servant—I do not recollect any other person.
CHARLES DUMBARTON . I am apprentice to Mr. Walton. On Monday night, the 10th of March, I was in my master's sitting-room, and my master's daughter was there—my master was out—it was about seven o'clock—it was dark—I heard a noise over head, as if people were removing goods—I looked out, but I did not see any one—I had seen the prisoner in the room where I was, an hour before I heard the removing—the prisoner was in the habit of sleeping in the same room with me, but he did not that night, to my knowledge—he went away—I did not see him at that house again.
Cross-examined. Q. What was the room you heard the noise in? A. A working room—I did not go up to that room—I did not think it uncommon to move things there—there was a quantity of leather missing.
WILLIAM TEMPLE . I live at Isleworth, and am a grocer—I have a horse and cart—I had lent my horse and cart to Mr. Walton—on the 11th of March the prisoner came about nine o'clock at night, and asked if my horse and cart was engaged the next day—I said I thought it was—I thought I should go to London—he said he was sorry, as he wanted to engage it—I said I would let it to him—he said he should want it at twelve o'clock, as he had got a place of work in London, and if he did not get there in good time he should lose it—I was to send my lad with him to bring the horse and cart back, as he should not come back himself—I had heard something, and spoke to the constable—I left it to him to arrange in what manner he thought best—I went with the cart to Mr. Hicks's house, and the prisoner went with me—when we got there, he began loading the goods directly—I assisted him when he asked me to give him two or three things up—I said in going along that I did not much like moving goods so late at night, I might get into difficulty, and I hoped it was all right—he said there was no fear of that, they were his own goods.
MARY HICKS . I live at Isleworth, about twenty yards from Mr. Walton's, on the other side of the way. These things were brought to my house by Mrs. Walton—the first thing she brought was a feather bed—she brought several things in the course of the evening—I said they could not come into the house, but they might put them in the back yard—I did not see any leather brought, for I did not go to see what was brought in—she
said they were to be left at my house for a day or two—they were put into the cart.
RICHARD WALTON . I saw the things the constable had in his possession—they are mine—they consisted of the articles stated—the leather was part of my stock—I gave no permission to the prisoner or to Mrs. Walton to remove these things—I was out on the evening of the 9th of March, and had no suspicion that these things were to be removed—I had a bed to sleep on that night, but it was not the one I usually slept on; and I mentioned to my wife that it was not—I was not aware that night that the things had been removed—the chairs were taken from the room down stairs—I gave my wife no permission to take them—I never said she might as well take the things, and be off—I never said she might take such things as she wanted—I had no idea or knowledge that the property was removed till I got up in the morning—the bed was taken from the bed-room, the chairs from the room down stairs, the leather from the closet up stairs, the plates and dishes were taken from all parts of the house—I only went that evening, as usual, to have a pint of beer at the King's Head—I was out about two hours, and was a thome by ten o'clock—I think the things were removed after seven o'clock.
Prisoner's Defence. I did not steal them—my mistress ordered me to take the things.
ISABELLA WALTON . I am the prosecutor's wife. On the Saturday before these things were taken, my husband had quarrelled with me—he did not beat me, as he frequently has, but he caused me to be turned out of doors to save my life—he said he would knock my brains out, and cut my b—y head off—this was on Saturday night—on the Sunday night he was not so much in liquor as he was on Saturday night—he left home a ten o'clock, and came home at three o'clock—he then said to me, "Isabella, it is no use our living together, we cannot agree; you may take part of the goods out of the house, and go; if I cannot do without you, I can put the children into the workhouse—why did you take Ayres to London, when you went to pay the bill?"—I said, "Why did you give him leave to go?"—I never went with him without his leave—we mutually agreed to part on the Sunday, and on the Monday I took these things to Hicks's when it suited my convenience.
COURT. Q. Did you take this great quantity of leather? A. Yes, a little at a time; I took some of the goods on the Monday before my husband left—I think he rather relented afterwards—I ordered the prisoner to get the cart, and gave him 10s. to pay for it—he loaded the goods by my direction—I was going to take them away for my own support—my husband said I might take half of the goods; we had six beds, I only took one—they were to be removed to Lloyd's-row, Clerkenwell; I forget the number—I did not tell the prisoner to go and say that they were his goods, but his clothes were among the goods.
Q. Did you desire him to represent to Mr. Temple that they were his goods, and going to his place? A. I told him to say that his own clothes were amongst them—it appears my husband had entertained suspicion of me, but he can bring no proof of it—I never left the house with this young man without his approbation—he said I was to take half of the goods, and of course the leather was included—I do not know that my husband saw me remove any of these things, but I did not consider it was done in privacy, when he told me I was to take half of the things—I had been turned out before—I have been at home since, as my husband wished me
to return—I had been with a poor woman and her children in Clerknwell—I had taken a lodging for myself.
RICHARD WALTON re-examined. Q. You have heard what your wife has said, did you ever say to her that she might take half the goods, or part of them? A. Never; I never gave her authority to remove any of the articles; I did not know she was going.
COURT to ISABELLA WALTON. Q. Where were you from the Monday night till the night the prisoner was taken? A. Some time in Isleworth—I was in no house—I was in the street two days and two nights.
(Jacob Crawther, the constable; Mr. Temple, and the Prosecutor, gave the prisoner a good character.)
GUILTY. Aged 19.—Recommended to mercy by the Jury.
Confined Three Months.
EDWARD LANGLEY (police-constable L 148.) I saw the prisoner on the Surrey side of Blackfriars'-bridge, in company with another person whom I knew—I followed them to Cripplegate, where I saw the other person take something from the prosecutor's pocket and give it to the prisoner, who put it into his right-hand pocket—I seized him, and he put his hand into his pocket, took out this pair of spectacles, and threw them down.
GUILTY . Aged 18.— Transported for Seven Years.
WILLIAM PITHOUSE . I am waiter at the Globe Hotel, in Bow-street, Covent-garden. On the 30th of March, about noon, I was walking in Princes-street—I received information, put my hand to my pocket, and missed my handkerchief—the prisoner passed me, running swiftly—I pursued,' him to Marquis-court—I lost sight of him, and saw him afterwards in custody in Cross-court—he was taken to the station-house, and my handkerchief was taken from his trowsers—this is it—he was taken within two minutes after he ran by me.
HENRY LOWE (police-constable F 65.) I was on duty in Drury-lane—I heard a cry of "Stop thief"—I saw the prisoner run down Marquis-court—I pursued and took him in Cross-court—I found this handkerchief in his trowsers.
GUILTY . Aged 18.— Transported for Seven Years.
JAMES KELLY (police-constable T 113.) On the 22nd of March, between five and six o'clock, I saw some persons looking at the area of Mr. Webster's house, in Connaught-terrace—Mr. Webster was on the steps—I got over the rails, and found the prisoner in the cellar—I asked what he did there—he said, "Nothing"—I brought him out; another constable
went into the cellar, and brought out this bundle, containing cheese, bacon, and a fillet of veal.
TRYPHENA JERWOOD . I am cook to Mr. George Webster. These articles are his property—I saw them safe between eleven and twelve o'clock, the night before—the prisoner was in the coal-cellar, adjoining the safe, which was in the area.
Prisoner's Defence. I was walking past the house—I saw two young men at the rails, one of whom I thought I knew—I crossed over to them—two men, who seemed to be coal-heavers, crossed at the same time—the two young men went away, and one of the coal-heavers caught my cap of, and threw it over the rails, into the area—I got over to get my cap, and saw the safe door wide open—I was coming back again, and saw the policeman—I ran into the cellar, as I thought they would take me for being in the area.
(Mr. Edwards, of Upper Ground-streeet, Blackfriars, gave the prisoner a good character.)
GUILTY . Aged 19.— Transported for Seven Years.
WILLIAM FOXTON HALEY . I live in Great Pulteney-street, and am a surgeon. On the 20th of March, I went to the dispensary, and left my great-coat in the physician's room there—when I had done my business, I went for my coat, and it was missing—I suspected the prisoner, who was a servant there, but had been discharged.
(Properly produced and sworn to.)
Prisoner's Defence. I had it given to me.
GUILTY. Aged 15.—Recommended to mercy.— Confined Three Months.
985. MARIA MARTIN was indicted for stealing, on the 14th of March, 1 flannel shirt, value 1s. 6d.; 1 spoon, value 10s.; 1 cap, value 3s.; 2 night-gowns, value 3s.; 1 printed book, value 1s.; 1 shilling, and 1 sixpence; the goods and monies of Sarah Wilkins.
SARAH WILKINS . I am a widow, and lodge in Cavendish-mews, Clarlotte-street, and take in washing. On the 3rd of March, the prisoner came to lodge with me, and on the 12th, I missed 1s. 6d. out of my pocket, and I told the prisoner of it—the other articles I missed on the 14th, out of my box, which was not locked—I spoke to the prisoner—she said she knew nothing about them—I said I would send to her husband—I sent a man, but she told him not to go, she would make it all right with me that night—she came home that night—she said she had taken the things, and she would make it all right, but she did not do so.
THOMAS WYLIE (police-constable E 134.) I took the prisoner—she produced a duplicate, which led me to the pawnbroker, where I found the flannel shirt—she said, if I would not take her, she would make every thing right the next day.
master, for 6d., in the name of Ann Brown, No. 1, Charlotte-street—I gave master this duplicate for it.
GUILTY . Aged 30.— Confined Three Months.
JOHN PIPER . I live in Grosvenor-row, Pimlico. On the morning of the 31st of March, I was in my slaughter-house, and missed a leaden gutter from it—I had missed something four days before, and observed to the prisoner, who was my foreman, how light the slaughter-house looked—and on the 31st my landlord was there, and we missed the leaden gutter—I said, I had noticed that something was gone—I got the officer, and found that the leaden gutter had been pulled down inside—I pressed my lad to tell me about it—he said, he knew nothing of it, but Josh did—I said to the prisoner, "Josh, tell me the truth of this"—he said, "Well, I have had the lead, and sold it for 1s. 6d.; I will make it right, I will give you so much money"—he said he had sold the lead to a man, whom I had warned him against—we went and found that man in a house in Hospital-row—I brought him to my shop, and said to the prisoner, "Is this the man whom you sold the lead to?"—he said, "Yes"—I gave them both in charge, but the other man was discharged.
THOMAS FORD . I am an apprentice to the prosecutor. I missed the gutter two or three days after it was gone—I asked the prisoner where it was, he was very drunk, and made me no answer—when he came home at night, I asked him again—he told me not to say any thing about it, and promised to give me 1s.—I told my master of it when he asked me.
Prisoner. Q. Did I take the lead? A. I did not see you—you did not give me any money.
MARY HILBERS . I am the wife of Anthony Hilbers, a coach-maker, who lives in Union-street, Pimlico. In the month of March, I looked out of my window one afternoon, and saw the prisoner pulling the gutter from the prosecutor's slaughter-house.
Prisoner. I did not take it down and I never received any benefit from it.
GUILTY. Aged 32.—Recommended to mercy.— Confined Three Months.
JOHN PARSONS . I lodge at the Green Man, Bond-street, and am a post-boy. On the afternoon of the 25th of March, I was going into Blenheim-yard with the carriage—my great-coat was on the rumble behind—Tibbs afterwards brought me the coat, and gave me information.
JOHN TIBBS . I am ostler to Mr. Adams. I was in a house at the corner of the gateway, and saw Parsons go down with the carriage—as it was backing into the yard, I saw the prisoner take the great-coat out of the rumble—he laid it across his arm, and walked towards Oxford-street—I ran after him—he threw the coat down—I took it up, and brought it back to the yard.
DAVID DONEY . I am a glass-cutter, and live in Henrietta-place, Henrietta-street. I saw the prisoner run across Cavendish-square, and along Wigmore-street. I next saw him on a stable, in a Mews, in Mary-le-bone-lane—I am sure he is the man who was running.
him behind a cart, on some hay—he was quite out of breath—I took him into custody—he said, "Don't choak me."
(The prisoner put in a written defence, stating that he had found the coat in Bond-street.)
GUILTY . † Aged 43.— Confined Six Months.
988. MARIA GERRARD was indicted for stealing, on the 23rd of March, 70 yards of ribbon, value 5s.; 6 pairs of stockings, value 3s.; 2 napkins, value 1s.; and 1 table-cloth, value 6d.; the goods of Alfred Wildy, her master.
ALFRED WILDY . I am a hatter, and live in Oxford-street. The prisoner was my servant—on the 23rd of March, she asked to go out, about seven o'clock in the evening—she returned about half-past eleven o'clock—while she was out, I heard something; and told her when she returned, I had reason to suspect she had taken some of my goods—I asked her if she knew my thing about any ribbons—she said she did not—I asked her if she would allow me to look into her boxes—she refused—I got the officer—her boxes were searched, and the property stated was found.
Cross-examined by MR. PHILLIPS. Q. Were not some of these ribbons outside of the box? A. There was a parcel behind the box—I had a good character with the prisoner.
DUNCAN M'LEAN (police-constable D 100.) I went to the prosecutor's house, and took the prisoner—Bradshaw searched her box, when she pointed it out; but she was so much affected that it was as much as I could do to hold her, she was near fainting—on the road to the station she cried very much, and said she thought it no harm to take those bits of ribbon.
RICHARD BRADSHAW (police-constable D 102.) I went to the house, and found the property—the prisoner said she had nothing belonging to her master, in her box—I searched and found these napkins—I was looking for the mark, when she burst out crying, and said, "Oh dear! they are not mine"—I asked if there was any thing more—she said, "No"—but I found these stockings, and thirty-six bits of ribbon.
Cross-examined. Q. Were not some of these things in a bonnet-box, which any one might have opened? A. Yes, she afterwards said she took these ribbons from a drawer in the parlour, and the stockings from the clothes-bag—they are dirty, and appear to be old.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy.— Confined Seven Days.
Sixth Jury, before Mr. Sergeant Arabin.
899. JOHN HOWARD and GEORGE BOSWORTH were indicted for stealing, on the 16th of March, 2 live tame fowls, value 2s. 6d., the property of Edmund Hurrill; and that Howard had been previously convicted of felony.
ALFRED BARRY . The prosecutor's premises are at the back of the brick-fields at Dalston—on the 16th of March, at half-past two o'clock, I saw the prisoner Howard getting over the prosecutor's pales, and the other prisoner was in a hole by the side of the fence, Howard threw him some fowls—they then saw the policeman, ran away, and got into a hole, where they dropped the fowls—I got out of the garden where I was at work, and saw the cock and hen found in the hole—the prisoners were taken by the policeman—I afterwards told what I had seen—I am sure the prisoners are the boys, I knew them before.
WILLIAM MILLICHAP (police-sergeant N 6.) I saw the prisoners a few yards from the prosecutor's fence—they each had something bulky under their jackets—they got into a hole at a little distance; and when I took them, they had nothing—I asked them where they had put what they had had—they said they had had nothing—I went to the hole, and found this cock and hen.
JOHN HOWARD— GUILTY .* Aged 17.
BOSWORTH— GUILTY .* Aged 14.
Transported for Seven Years.
990. WILLIAM NEWELL and CHARLES BRITNELL were indicted for stealing, on the 30th of March, 4 pain of shoes, value 2l.; 3 shawls, value 30s.; 1 handkerchief, value 1s.; 1 frock, value 10s.; the goods of William Ginger.
WILLIAM GINGER . I live at Little Missenden, Bucks. The prisoner Newell was a labourer in my service—I know nothing of Britnell—On Sunday night, the 29th of March, my house was broken open, and this property was stolen among the rest—I received information and went to Uxbridge, and got there on Monday evening between nine and ten o'clock—I gave directions to Murray, the constable, and on Tuesday morning they let me know that they had taken the men and property—my place is about fifteen miles from Uxbridge—I went on Wednesday morning, and found the prisoners and property, which I knew to be mine; it had been in my house between eight and nine o'clock on Sunday night, and was missing before three o'clock on Monday morning—a pane of glass had been taken out of my window, they put their hand in, opened the window, and took the things.
JAMES DARRILL . I am constable of Uxbridge. I received information on Monday—I went round the town, and found Bistnell, the prisoner, in Mr. Wheeler's beer-shop—he had one pair of shoes on his feet—he had sold the others to Wheeler—Britnell did not deny it—he said I must take the shoes off his feet.
CHARLES MURRAY . My father is high constable of Uxbridge. He sent me in quest of the prisoners—I went into the Sun public-house, and found Newell there, and this pair of shoes on his feet—I asked where his companion was—he said he had no companion—I told him it was of no use to say that, for I knew he had—he then said he was at Wheeler's beer-shop—I went there, but Darrill had taken Britnell—Mr. Wheeler told me that Britnell had sold him a pair of shoes; his wife and a woman there, a shawl apiece: and a man who worked for him, a smock frock.
CHARLES WHEELER . I keep a beer-shop at Uxbridge. On Monday morning, the 30th, the two prisoners came together about ten minutes before seven o'clock—they appeared to have been travelling, and said they wanted a pot of beer—they said they had been travelling all night to work in the brick field; they had seen the foreman and got an order, and they were going to work directly—they brought the property which is here produced.
this knife near our premises—it was one that I bought for Newell, the prisoner.
WILLIAM GINGER . I know these boots to be mine—I had this pair on my feet at eight o'clock on Sunday night—Newell had run away while I was gone to market—he had broken a sheep's leg, and said he might as well go—for he knew I should discharge him.
JURY. Q. Did you miss any thing else? A. A chine and some bread and other things were taken from the kitchen.
(Property produced and sworn to.)
Newell's Defence. The knife, which he bought me about Christmas, I sold in coming along for a few half-pence, to buy me a bit of victuals; this knife I never saw till they brought it to me.
Britnell's Defence. We never were on the premises. I do not know where his farm is; we found the clothes on the turnpike-road in this handkerchief; we put one pair of shoes apiece on our feet, and exposed the other articles publicly.
NEWELL— GUILTY . Aged 21.
BRITNELL— GUILTY . Aged 19.
Transported for Seven Years.
WILLIAM WRIGHT . I am a tailor. I was in the Strand on Sunday evening, the 29th of March—I did not feel any thing, but the officer came and asked me if I had lost any thing—I then missed my silk handkerchief—he said he knew who had it—he went and took the prisoners, who were in front of me—this is my handkerchief.
GEORGE STONE (police-constable C 99.) I was on duty, and saw the two prisoners arm-in-arm, in Tichbourne-street—I watched them—they went on to the Strand, and followed two gentlemen—they then followed the prosecutor and a lady—one of them lifted up the flap of his coat—I spoke to the prosecutor—he told me he had lost his handkerchief—I took the prisoner, and Fletcher pulled this handkerchief out of his trowsers, and threw it on the rails of Somerset House—I cannot say which took it, but he had it.
Fletcher. Q. How could you see us lift the pocket? A. I saw one of you lift it, and something was taken.
Hall. Q. You said you did not know any thing of it till your brother-officer told you? A. No, I did not—I saw something taken.
Hall's Defence. We were walking along—this young man kicked the handkerchief with his feet—he said he had found a handkerchief—we walked on fifty yards, and then the officer came and said we had picked the gentleman's pocket, and he gave the handkerchief into his hand.
FLETCHER— GUILTY*.—Aged 21.
HALL— GUILTY†.—Aged 21.
Transported for Fourteen Years.
992. PHILIP SMITH was indicted for stealing, on the 16th of March, 1 shawl, value 10s.; 2 shirts, value 7s.; 1 petticoat, value 1s. 6d.; 1 brush, value 1s. 6d.; 1 coat, value 4s.; 1 brush, value 1s.; 1 sheet, value 4s.; 1 shift, value 2s.; 2 aprons, value 1s.; 1 waistcoat, value 2s.; 2 handkerchiefs, value 4s.; 2 gowns, value 7s.; 1 pair of trowsers, value 3s.; 1 sovereign, and 2 half-sovereigns; the goods and monies of Thomas Ryan.
BRIDGET RYAN . I am the wife of Thomas Ryan; we live in Sand-yard, Clerkenwell. I knew the prisoner for about three weeks—he had removed my furniture, and I gave him a few nights' lodging—he left me a week before this happened—on the 16th of March, I went out at eight o'clock in the evening—I left my box locked, but not the room door—I returned before eleven o'clock, and my box had been broken open, and a smallbox, which had been in the large one, was gone, and all the property stated—the box was quite empty—I went to the station-house, and saw the prisoner and the property—this is my little box—I have the key of it—these things are all my property.
JOHN MURPHY (police-sergeant G 215.) I saw the prisoner in Ray-street—he had a bundle—I followed him, and he went into the White Swan—I stopped him, and asked what he had got, and whether it was his own—he said it was—I asked him what he was—he said what was that to we—I asked him to let me see what he had—he refused—I took him to the station, and found this property—he then said they belonged to his wife, and he lived at No. 3, Peter-street—I went there, and found no such person was known.
GUILTY . Aged 22.— Transported for Seven Years.
JOSEPH FELLOWS . I am ostler at the White Horse, Gray's-inn-lane. On the 13th of March, the prisoner came there with his master, in the afternoon, and remained till twenty minutes to seven o'clock—the gentleman baited his horse—when they were gone, I missed my boots from the harness-room—on the 26th of March, the gentleman came again, and put up as he did before, but the prisoner was not with him—I told him I had lost a pair of boots, and suspected his servant—my boots were found at Woolwich—these are them.
ROBERT MOORE . I am sergeant-major in the Royal Artillery at Woolwich. The prisoner is an officer's servant there—on the morning of the 27th, his master desired me to go and search his kitchen—I went, and found these boots on the top shelf, where the prisoner was quartered—his master asked him how he came by them—he said he bought them of a man in London.
Prisoner's Defence. I bought the boots is London, while I was walking with my horse.
GUILTY . Aged 37.— Transported for Seven Years.
WILLIAM BURD . I am a linen-draper, and live in Vere-street. On the 31st of March, between seven and eight o'clock, I was passing King's Cross—the prisoner followed me, came before me, and looked up in my face—he then got behind me—I felt, and my handkerchief was safe—I walked on and found him still following me—when we got near the New Church, he ran down a street—I felt, and my handkerchief was gone—I pursued him, and he threw my handkerchief down—I left that, and ran after him down two or three streets—I then took him and said, "You
young dog, you have taken my handkerchief"—he said, "Forgive me, it is the first time"—he said he had dropped the handkerchief in the other street—I came back and found a tradesman had taken it up, and was waiting at his door—I gave the prisoner and this handkerchief to the officer.
GUILTY . †Aged 16.— Transported for Seven Years.
ROBERT PEARCE . I am a plumber, and was working in the back shop—my mother called me, and told me to run after these two boys who had stolen a child's necklace—I pursued, but could not catch them—I saw the prisoners come back, and Payne dropped the necklace out of his handkerchief—Johnson was by his side.
Johnson's Defence. I ran to see what was the matter—I told the gentleman who took me that I was innocent.
Payne's Defence. I never saw the necklace.
JOHNSON— NOT GUILTY .
PAYNE— GUILTY . Aged 14.— Confined Three Months.
ALFRED WOODHOUSE . I am in the service of Mr. Richard Carr, a dealer in British lace, who lives in Gutter-lane. The prisoner was his errand-boy—he was not employed to receive money—on the 13th of February I sent him with three parcels to the Fountain booking-office, in Foster-lane—I gave him a sovereign to pay the carriage—when he came back, he gave me the book in which was put down 14s. for carriage, and he gave me 6s. change—on the 19th I sent him with three parcels to the Cross Keys, Wood-street—I gave him a sovereign to pay the carriage—he brought me back 9s. 6d.
SAMUEL WILLIAM BROOKE . I live at the Cross Keys, Wood-street. I have seen the prisoner there with parcels—I cannot say that the prisoner brought any parcels on the 13th of February; but some were brought.
NOT GUILTY .
ROBERT SUSSAMS . I am a publican, and live at Battle-bridge. The prisoner was my pot-boy—he slept in my house—on the 12th of March he knocked at my room door—I gave him the key, and told him to take the
dog backwards—I heard some liquor running—I came down and saw him drawing some gin into a pint pot—I spoke to him—he set the pot down, and said he had not drawn any; but I saw the gin running, and saw his hand on the tap—I asked him, as he was about to leave in a day or two, why he could not leave with a good character—he said, did I mean to charge him with robbery—I said, "Yes," and I had found some gin the other morning stowed away—I desired him to go into the yard—he would not—I put him out and barred him out.
Cross-examined by MR. DOANE. Q. Had you had any gin the night before? A. I cannot say I had not sipped some—I had not left any—the bar was not left open—he demanded his wages, and refused to go till I had paid him—I put him into the yard while I dressed myself—he had not time to drink any gin—I never refused to give him his clothes—he said the dog had upset a water-bottle, but it was not so.
NOT GUILTY .
CHARLES CLEWLEY . I am a waterman. I live at Strand on the Green, and work for Mr. Grange, of Uxbridge—on Saturday night, the 7th of March, I went into the Red Lion public-house, at Uxbridge, kept by Mr. Johnson—I went between ten and eleven o'clock at night—I had then one sovereign, two half-crowns, two sixpences, and nine shillings about me—I had counted it just before I went in—I had received 1l. 13s. of Mr. Grange, and had given him two penny-pieces—when I went into the public-house, the two prisoners were sitting in the tap-room together—I called for a pint of beer, and sat down, but not near them—I fell partly asleep—my money was in my left-hand trowsers pocket—I was awoke by Woodcock having his hand in my pocket—I caught hold of his arm, when his hand was in my pocket, and he let the money fall from his hand on the floor—I accused him of robbing me—he said he had not, and began sparring at me—Howard was standing with his back to the table, and he picked up the money—I asked him for it, and he said he had not got it—I told the landlord to keep the prisoners, and I went to get an officer—I could not get one, but I got the watchman; and when I got back Mr. Johnson had let the prisoners into the street—I saw Woodcock—I caught hold of him, and would not let him go—he was taken to the cage—as we were going along one White, who was committed from Uxbridge, came and ill-used me.
Cross-examined by MR. CLARKSON. Q. Have you ever been in any trouble? A. Yes; they once accused me of stealing a sack of malt—that is three years and a half ago—I lived with my mother then, and was taking care of one of Mr. Downe's craft—they put me in prison two days on that charge, and then let me out again—I swear that was the only time I was ever in trouble—I have been at Kingston, but never lived there, and never lost a situation there.
Q. Did you ever find yourself at the Thames Police? A. Yes; but I do not call that any thing—I was charged with stealing a shovel, but they had mine, and I had theirs—I lost my situation at Battersea when I was charged with stealing the malt—there were five persons present when I found Woodcock's hand in my pocket, but they are not here—I did not know them—I caught hold of Woodcock's arm, and went out of the tap-room
to Mr. Johnson—he shut up his house afterwards, and let the men go—there were two women in the room, but they were not with me—I had had about three pints of beer that day—I did not knock either of these men down—I produced 8s. to the landlord—I told him and I told Woodcock I would get a constable—I do not know whether I would have got an officer if Woodcock had given me my money—he did not offer to be searched—the other five persons were in the house when I went out—I returned in half an hour without a constable, but I did not go into the house then.
Q. Then you did not come back and say you could not find a constable, or ask Woodcock for the money, and say if it was returned you would say no more about it? A. No; I did not go into the house—I went again, and found the house closed, when I came back—Woodcock was not waiting for me at the door; he was opposite—he did not say to me, nor in my hearing, "If you like to search me you may, or if not, I will wait till you fetch a constable"—he did not ask me if I was going to murder him—he was not searched.
Cross-examined by MR. PHILLIPS. Q. When you came back, after going for the officer, did you look into the house? A. Yes; I only saw Mr. Johnson—I did not see Howard—he had denied taking my money—I saw him again on Sunday morning—I stated at the time that I had lost 1l. 7s., not 1l. 7s. 6d.—I have been a witness—I never turned King's evidence—I had not spoken to either of the women who were in the public-house; they were sitting about three yards from me, to my right—Howard picked up my money before five people—I cannot say how much he picked up—he had some money in his hand—I saw him pick up a sovereign—I did not tell the Magistrate that—I was not asked—I said, he stooped and picked up something—I did not tell Mr. Johnson that night that I saw Howard pick up a sovereign; I did not think of it.
HENRY JOHNSON . I keep the Red Lion at Uxbridge. I remember the two prisoners being there; the prosecutor came in afterwards, and complained of the prisoners having robbed him—I advised him to go to a constable—it was about half-past ten o'clock when he went—I told him where the constable lived—at eleven o'clock I turned the prisoners out, and shut my house—the prosecutor said he had been robbed of 1l. 7s.—the prisoners said they had no money.
Cross-examined by MR. PHILLIPS. Q. Had he made a public declaration, in the open room, that he had been robbed, and he would go for a constable? A Yes; the prisoners remained there half an hour afterwards until the house was closed—I had not seen the prosecutor asleep—my waiter is not here.
Cross-examined by MR. CLARKSON. Q. Do you recollect whether Woodcock offered to be searched? A. No; I asked him if he had any money, and he said, "No"—one constable lived about a hundred yards above my house, and the other about one hundred yards below.
JOHN BIRCH . I am a constable of Uxbridge. The prosecutor came to my house that Saturday night, but I was ill in bed. On the Sunday morning, he sent for me, and said he had had Woodcock put into the cage the night before, and that Howard had robbed him of 1l. 7s.—I took Howard—I searched him—he gave me his tobacco-box, and said, "All you will find in it is a shilling and a sixpence"—I opened it, and it was a sovereign and a sixpence—I had before asked him whether he had done what he was charged with—he said no—he said he had taken the shilling for water-cresses.
Cross-examined by MR. PHILLIPS. Q. Did the prosecutor say that Howard had robbed him, or helped to rob him? A. He said Woodcock robbed him, and Howard was in the tap-room—I heard him say before the Magistrate that he saw Howard pick up a sovereign off the floor—I never saw nor heard of an advertisement addressed to a gentleman who had given a sovereign in mistake for a shilling.
JURY. Q. At what time in the morning did you take Howard? A. About fight o'clock—he seemed very much surprised that he had got the sovereign, and said he had taken it for a shilling for water-cresses—I know he deals in them.
WOODCOCK— GUILTY . Aged 21.— Transported for Seven Years.
HOWARD— NOT GUILTY .
OLD COURT.—Friday, April 10th, 1835.
Third Jury, before Mr. Sergeant Arabin.
999. GEORGE CHARLES GRIFFITHS was indicted for stealing, on the 30th of March, 1 piece of paper, value 1d.; 1 piece of paper with a certain stamp, denoting the payment of a duty to our Lord the King, of the sum of 6s.; and 1 order for payment of and value 294l. 6s.; the property of John Hayward, his master; to which he pleaded
GUILTY .— Transported for Fourteen Years.
JAMES MUNTON . I am assistant to William McCulloch, of Crawford-street, a surgeon. I was at breakfast, and heard somebody come into the shop—I went out, and saw the prisoner walk round the counter and take the umbrella—I secured him with it in the shop.
(Property produced and sworn to.)
Prisoner's Defence. I have been out of work three months.
GUILTY . Aged 17.— Confined Six Weeks.
Before Mr. Justice Gaselee.
1001. THOMAS BOWKER was indicted for stealing, on the 18th of December, 3 sovereigns, and 1 letter; the monies and property of Nicholas Cox.—2nd COUNT, stating them to be the property of George Liffiton.
MARY COX . I am the wife of Nicholas Cox, who lives at Sidmouth, Devon. In December, I desired my daughter to write a letter to my brother, George Liffiton, No. 3, Charlton-street, Fitzroy-square—the letter was written on the 17th of December, and three sovereigns were inclosed in it—I took it to the house of my brother-in-law, John Barrett—I sewed them in a piece of linen, and sewed the linen to the inside of the letter—my brother, John Barrett, sealed is, and directed it to "Mr. George Liffiton, No. 3, Charlton-street, Fitzroy-square, London," in my presence—I then took the letter down to Mr. Turner, the postmaster, at Sidmouth, and gave it to him, telling him it was a money-letter—I paid him 3s. 4d. postage, as for a money-letter—I heard no more about it for a long time—I heard, in the beginning of March, by a letter from Mr. Liffiton, that that letter had not arrived.
very well—she paid me the postage of it, as a money-letter, 3s. 4d.—I have a memorandum of the address, which I took at the time—(reads) "17th of December, letter directed to Mr. G. Liffiton, No. 3, Charlton-street, Fitzroy-square, London"—I put the letter into the box, where we put the paid letters, in her presence—I could feel that there was money in it—it was duly sent by the post that morning—this is the bill I sent with it—I wrapped the letter up in this bill, and put it into the letter-bag, sealed the bag, and delivered it to the postman—(bill read)—"Bill from Sidmouth, 17th of December, 1834—unpaid letters for London, 12s. 6d.; ditton, passing through London, 10d.; total, 13s. 4d.; paid letters, 9s. 10d.; money-letters, one, Mr. George Liffiton, No. 3, Charlton-street, Fitzroy-square, London—signed, G. Turner."
WILLIAM GRANT . I am a clerk in the General Post-office. The Sidmouth mail-bag, of the 17th, arrived duly at the General Post-office on the 18th—it came quite safe—I opened the bag, and took out the letters—this letter-bill was in it—this money-letter, "G. Liffiton, No. 3, Charlton-street, Fitzroy-square, London," was entered on the bill—that letter arrived with the rest of the letters—we always examine the letters, to see if there is cash in them—on the morning of the 18th, I delivered that letter to the money-letter clerk, Mr. Blott, who put his signature on the letter-bill, as having received it—this is his signature—he took the letter from me.
WILLIAM BLOTT . I am a clerk in the General Post-office. I was clerk of the money-letter book—on the morning of the 18th of December I received from Grant, a money-letter, addressed to "George Liffiton, No. 3, Charlton-street, Fitzroy-square"—this signature is an acknowledgment of my having received it—I entered the letter in this book, which is the money-book—here is the entry, "Sidmouth—Liffiton, Charlton-street, Fitzroy-square"—I filled up a blank receipt with the address, and sent it into the Letter-carrier's Office, instead of the letter, to be sorted—then the letter-carrier comes to me, and receives the letter—the person to whom I gave that letter, has signed his name "Thomas Bowker"—I delivered the letter to him—I believe this to be the signature of the prisoner—it is the signature of the man to whom I delivered the letter—the receipt is used for the letter-carrier to get the parties to whom it is directed to sign, as an acknowledgment of their having received the letter—I believe it is usual for carriers to keep the receipts.
Cross-examined by MR. PAYNE. Q. You do not speak to the signature as being the prisoner's? A. All I say is, I delivered the letter to the person who signed this book—I do not say it was the prisoner—I have been in the office upwards of eight years—it is the duty of the office to send receipts—they are invariably sent out—I have heard of parties having applied for letters that have been delivered, and the receipts have been produced to show they have been delivered—it is not the letter-carriers' duty to return the receipts to the office—whether they keep all their receipts we do not know, or whether they may destroy them after some time—I cannot say whether they always get the receipts signed—the first I heard of this letter not being delivered, was at Bow-street, about a fortnight ago.
BENJAMIN CRITCHETT . I am inspector of letter-carriers at the Post-office. The prisoner was a letter-carrier at the Post-office in December last, and his walk was Titchfield-street, in the neighbourhood of Fitzroy-square. On the 19th of March, hearing of this letter being missing, I showed him this book, and asked if he recollected the letter to Charlton-street,
for Mr. Liffiton—he said he did—that he delivered the letter to some woman at the house, but he did not know who—I asked him to show me the receipt, signed by the party to whom he had delivered the letter—he then said he had destroyed the receipt with some other money-letter receipts—that he had destroyed all his money-letter receipts up to Christmas last—I showed him the book where he had signed for the letter, and he acknowledged it to be his signature—he said nothing to me about what had become of the money.
Cross-examined. Q. His walk was Titchfield-street, and that neighbourhood—does that include Lower Southampton-street? A. No; I have been in the employ of the Post-office forty years—I have known instances of parties applying for money-letters after they have had them, the and receipts being produced to them—I have not known parties apply when the receipts have not been able to be found—I know of applications for money-letters which have been delivered three or four years previously, and the receipts have been produced by the carriers—they keep them for their own security.
GEORGE LIFFITON . I live at No. 3, Charlton-street, Fitzroy-square. In March last, I received a letter from Mr. Barrett, of Sidmouth, containing information respecting three sovereigns—I wrote to her to send me the particulars; and after hearing from her I went to the Post-office on the 12th of March, and inquired after the letter—I saw Mr. Ramsay at the Secretary's-office—(I am a tailor)—on the 19th of March, I was at work in Regent-street—my wife came there for me—I went into the street and saw the prisoner—he said he had come to me respecting the money-letter which had been sent to me by my sister, Mrs. Cox—he said he had delivered the letter either at my shop or at some other shop in the street—he said he did not know to whom he had delivered it—that it was to a short woman, rather inclined to be stout, and that he had destroyed the receipt and all others for the last year—he said he got the receipt signed by the woman, who turned her back towards him at the time she signed it—he said he should have to make the money good, and he might as well do it first as last; and if I thought proper, he would do it then—I rather hesitated at first; but ultimately took it—he said, if I went to the Post-office and told them I had received the money, the affair would be dropped—I asked him if writing would not do, as well as going myself—he agreed to that, and went away—I aaw him again the same evening, at my residence, No. 3, Charlton-street—we had a conversation respecting the money—he said, if I went to the Post-office, and told them the letter had been received by a woman who was with my wife at the time of her confinement, who had laid it aside, and forgotten to give it to me, but that I supposed she, having heard inquiries had been making about it (the woman), had sent me the money all would be right—that I was to say any name; Mrs. Jones or any body; and I was to say any street—I saw the prisoner again the following morning at the Post-office—we had a conversation similar to what we had the night before—he told me I must make the same statement as he had told me last night; as that was the one which would correspond with what he had said.
Cross-examined. Q. Was your wife lying-in about that time? A. She was not at the time the letter should have been received—she was confined on the 27th of October—I know of no one but my wife being in the house on the 18th of December—we sell snuff and tobacco, and various articles—there is no other shop in the same street that sells the same things—there is a grocers opposite; but it is a different shop entirely from mine; they
sell tobacco and snuff, but nothing else that I do, that I am aware of—I saw the prisoner on the 18th of March first, between ten and eleven o'clock in the morning—my wife was walking with me in Regent-street, and heard part of the conversation—I saw him about nine o'clock in the evening—he said he was afraid of losing his situation.
Q. Did he not tell you if the Post-office thought he had paid the money they would think he was guilty; or words to that effect? A. I do not recollect his saying that—I don't know whether he did say so or not—I go out to work when I have any thing to do; and my wife manages the shop at home.
MR. ADOLPHUS. Q. What number is the grocer's shop? A. I do not know—it is on the opposite side of the way.
MARY LIFFITON . I am the wife of the last witness. I did not receive any letter from Devonshire, containing three soveriegns, towards the end of last year—I laid in on the 27th of October—I was up and about my business on the 18th of December—I had no woman assisting me in my business, in any way whatever—I never had a short stout woman about me at all—in March, a letter came from Devonshire, with information—the prisoner called, on the 19th of March, about ten o'clock in the morning, at our house in Charlton-street—he had a brown great-coat on—he said he had come concerning a letter, with money in it—he said he had delivered it at this house, or else at No. 4, for he was in a great hurry that morning, and could not tell which, for he did not look at the number on the letter—No. 5 is a bottle warehouse, but it is not next door to us—the next door is a green-grocer's—he said it was No. 4 he delivered it at, but he went to show me the house, and that was No. 5, the bottle ware-house—he returned, and I called in a neighbour—he repeated the same to him—my neighbour said, "These people are not to be done out of their money in that sort of way"—(his name is Harrison)—the prisoner said he knew that he must make it good, and requested to see my husband—I took him to No. 6, Regent-street, where my husband was at work—I sent a man for my husband, who came out—he stood talking to my husband's few minutes, and then I saw him put his hand into his pocket, and take out a sovereign, two half-sovereigns, and twenty shillings, and give to my husband—he told my husband, if he went to the Post-office, and said he had received the money, they would be satisfied, and it would drop—my husband asked if writing would do as well, and he said it would—I was present, in the evening, when he came and asked my husband if he would make excuses for him; and lay it on anybody—to say Mrs. Jones, or any body, had received the letter; and since the inquiry had been made, had brought it back—he was to say it was Mrs. Jones, or any body he liked—I was attending to my children, and did not hear all that passed.
Cross-examined. Q. Did not he say something about being afraid of losing his situation? A. I cannot exactly say—I think he did say something about it—I was asked at Bow-street how old the child was, and I said upwards of three months, in my confusion—I did not know how old it was, till I went home and looked at my Bible—I have never been out in the morning since my confinement—I had a person to assist me in my confinement, who staid three weeks.
JAMES LAWRENCE . I am assistant inspector of letter-carriers at the General Post-office. On the 16th or 17th of March, in consequence of inquiry at the Secretaries' Office, I made inquiry of the prisoner respecting this money-letter—the prispner was a carrier of the district in which the letter should be delivered to Mr. Liffiton, No. 3, Charlton-street, Fitzroy-square,
in December last—the prisoner said he had no recollection of any such letter, and said he was positive he had not had such a letter—I saw him again on the 19th, and told him he had signed for the missing money-letter—he then said he had recollected it since I had questioned him before—I asked him why he did not tell me he had recollected having the letter—he said he intended to have done so—he said he did not recollect more than that he delivered the letter to a woman, but he could not recollect any further particulars; this was between seven and eight o'clock on the morning of the 19th—I asked him to produce the receipt; he said he had destroyed the whole of his receipts for the last year—I made no further observation at that time—it is the common practice of letter-carriers to retain their receipts—I consider it extraordinary that he should destroy them—I desired him to attend at the office again that day, and I went with him to Charlton-street, and as we went along, he said he had delivered the letter to a woman of middle age and middle size at No. 3, Charlton-street—he said he had paid the money to the prosecutor that morning—I saw Mrs. Liffiton in Charlton-street—I asked her about the letter in his presence—she stated that her husband had received the money, and that was all he wanted—I left word with her for her husband to come to the office to me the following day at twelve o'clock—I saw him and the prisoner that morning at the Solicitor's Office in the Post-office.—Mr. Peacock, jun. was present—I heard Mr. Peacock tell the prisoner his was a case which must go before a Magistrate—he then said he would tell the truth; that after he had done his delivery on the day preceding, he had called on Mrs. Liffiton, who went with him to Regent-street; he saw Mr. Liffiton, and gave him the money.
Cross-examined. Q. Is there any office at the Post-office where the letter-carriers' receipts are filed and kept? A. There is not; they keep their own receipts; it is generally understood that they keep them; there is no regulation that they must keep them—he has been in the employ of the Post-office about fourteen months—he was not told, to my knowledge, that he must not destroy his receipts—the first time I saw him was on the 16th or 17th—he then said he was positive he had no such letter—I saw him again on the 19th, about seven or eight o'clock in the morning, before the book was shown to him—I sent for the book after I questioned him—he did not show any reluctance to go with me to Charlton-street—he kept his appointment at twelve o'clock punctually—I am not aware that he made any attempt to abscond.
----HUNT. I am a letter-carrier—I have succeeded to the prisoner's walk. In March last, I had a letter to deliver to Mr. Liffiton—I remember delivering it—Mrs. Liffiton opened it in my presence—in consequence of what she said, I saw the prisoner the same evening, and asked him if he was in Titchfield-street district, in December—he said he was—I asked him if he had any recollection of a money-letter for No. 3, Charlton-street—he said, no, he had no recollection of such a letter—next morning he came to me, and asked me what I said about a money-letter the other evenings—I said, a person at No. 3, Charlton-street, Mrs. Liffiton, who I had taken a letter to—said she had been expecting a money-letter from the country: and then he said he knew nothing about it—I saw him again on the Thursday, and asked him if he had heard any thing more about the money-letter—he said, yes; it
was all right, they had received the money safe—he did not say who delivered it—I asked him if he had got the receipt—he said no, he had lost it—we always keep the receipts when we deliver a money-letter—I said it looked very queer his losing the receipt—I said, "I always take great care of mine"—he told me at first, that he delivered the letter to a woman who was nurse to Mrs. Liffiton, and said he had lost the receipt—he said Mrs. Liffiton's nurse had signed the receipt.
Cross-examined. Q. Can you tell us when this was? A. No—I do not know the dates—it was on Thursday evening he told me they had received the money safe—I have been in the Post-office two years, as letter-carrier—I succeeded him in his walk on the 8th of January—he had not been dismissed, but changed his walk.
ELIZABETH LAMB . I was nurse to Mrs. Liffiton when she was confined, which was on the 27th of October—I never received a letter from the prisoner—I was about three weeks with her—no letters of any kind came there—I never wrote a receipt for a letter.
Cross-examined. Q. Have you a memorandum of the time you went there? A. No—I recollect the child being born—her sister-in-law was backwards and forwards while I was there, which was for about three weeks.
Prisoner's Defence (written). "The first intimation I had of the letter not having reached its destination, was on Tuesday, the 17th of March, (a period of exactly three months afterwards,) when Mr. Lawrence, one of the inspectors, inquired if I recollected delivering such a letter. I did not, and accordingly told him so; stating at the same time that I would endeavour to do so. On the following day, Mr. Lawrence again spoke to me on the subject, and told me that he had reported to Mr. Stone, one of the acting presidents, my answer of the preceding day; but on referring to the money-letter book, had found my name signed for it; adding 'Then of course, you have got the receipt for it.' I interrupted him by saying, that since he had first spoken to me, I had recollected delivering such a letter, and giving it to a woman, who appeared to be occupied in the shop, who signed the receipt; which however I had unfortunately destroyed at the end of the year, with a great many others. Finding myself likely, in consequence, to lose my situation, I applied among old servants of the establishment for advice; and being told by one or two, that when similar circumstances of losing their receipts had happened, they were obliged to make the money good, and all parties were satisfied. I, unfortunately, listening to this suggestion, went on the 19th to Mr. Liffiton, and although I asserted then, as I do now, my positive conviction of having delivered the letter, I said, that sooner than get into any difficulty, I would pay him the three sovereigns, upon his saying that he had received the money and was satisfied, should any further inquiry be made about the matter. I may have acted imprudently and indiscreetly, but I deny having been actuated by any guilty motive."
NOT GUILTY .
Before Mr. Justice Gaselee.
1002. GEORGE MOSS, WILLIAM MORGAN , and GEORGE BARRY were indicted for feloniously and burglarously breaking and entering the dwelling-house of John Winterborn, about the hour of eight in the night of the 23d of March, with intent to steal, and feloniously and burglariously stealing therein, 30 smelling-bottles, value 4s.; and half a pound of Spanish juice, value 1s., his goods.
JOHN WINTERBORN . I am a chemist, and live in Crab-tree-row, Hackney-road. On Wednesday, the 23d of March, a person, named Barnes, came into my house, about half-past eight o'clock—in consequence of what he said, I looked at my shop window, and observed a pane of glass broken—I missed about thirty bottles, which had stood there—I had seen them there about half-past six o'clock—I missed about half a pound of Spanish juice, which I had seen at the same time—that was the first time I discovered it—it was light at half-past six o'clock, when I saw every thing safe—the aperture was large enough to admit a man's hand—the policeman, Holland, brought a bottle to me next morning—they were worth 4s. altogether, and the juice 1s.
Cross-examined by MR. PAYNE. Q. All the thirty bottles were worth 4s.? A. Yes; they were smelling-bottles and hair-oil bottles—the street is a very public thoroughfare—I had not been out that evening—I was in the parlour, next to the shop—I did not hear the glass broken—I was out and in the shop, serving customers.
WILLIAM BARNES . I am fourteen years old, and am the son of Jane Barnes, of Bethnal-green. I was coming from chapel, about half-past seven o'clock, on Sunday and was going home—I saw the prisoner Barry—he asked me if I would go with him—I told him no—I was then at home, going up stairs—I refused to go with him—I then watched him, and followed him down Vincent-street, and there he met young Moss—I watched them into the Hackney-road—I stood at the corner of Union-street, and saw them found the window of Mr. Winterborn's shop—they saw me, and came over and asked what I was standing there for—I made no answer, but went away—I turned back again, and watched them—they went over to the window—Barry and Moss, walked round the window—I heard the window rattle, and both ran away—I went in, and told the doctor—I saw young Moss put his hand into the window, and then they ran away—I saw the hole in the window—young Moss told me Barry had done it—I did not see either of them take any thing out—I did not see Morgan there.
JOSEPH LEBEAN . I am apprenticed to Mr. Pateau. I was near Mr. Winterborn's on Sunday evening, about half-past eight o'clock—I saw Morgan at the corner of Union-street—he came up to me, and asked if I wanted to buy a bottle—I said I had no money, only two apples—he said, "Give me them"—I did so, for the bottle; and about a quarter of an hour afterwards I sold it to Henry Page for a penny—after that, as I was passing by, I saw all the prisoners together, and Barnes, at the corner of Union-street, facing Mr. Winterborn's shop—I said nothing to them, nor they to me—Iwent home soon afterwards.
WILLIAM BARNES re-examined. I was going home from chapel, at half past seven o'clock—it was not then that I saw them at the window—I saw Moss put his hand in the window about a quarter to eight o'clock—it was not light then.
HENRY PAGE . I live in Crab-tree-row. On Sunday I bought a bottle of Lebean, about nine o'clock, at the toll-gate, for 1d.—I kept it till Monday morning about nine o'clock, and then sold it to Susan Brutwell.
BENJAMIN GYNN . I am servant to Mrs. Boraston, of Old-street-road. On Sunday night I was standing at the corner of Union-street, about half-past seven o'clock—the prisoner Moss came over to me, and asked if I
would buy a stick of Spanish liquorice of him—I bought it of him for 1 1/2 d.—I eat a good bit of it, and gave the rest to Holland, the policeman—I saw all the prisoners standing at the corner of Union-street about a quarter to eight o'clock, with Crosby, who is not here—they were not doing any thing—I said nothing to them—they were opposite Mr. Winterborn's shop.
Cross-examined by MR. PAYNE. Q. Did you eat a pennyworth of it? A. Yes; I gave the rest of it to Holland, who came after me—I did not see Barnes with them.
Moss. I never sold him any liquorice. Witness. He did; and he had a kind of bradawl in his hand at the time.
WILLIAM HOLLAND . I am a policeman. In consequence of information, I went to the house of Barry's father, on the Monday night after the robbery, about eleven o'clock—I found Barry in bed—I told him I wanted him for breaking a window and stealing some bottles from the shop of Mr. Winterborn—he said he did not steal them; but he had one, and finding there was nothing in it, he threw it away in Shoreditch church—after taking him, we apprehended the witness Barnes and Moss—I had received the bottle from Mrs. Brutwell before I took Barry—I produce the bottle and liquorice.
MR. WINTERBORN re-examined. I know this bottle by the vermilion on the cork—I know they were all safe in the window about half-past six o'clock—I cannot say I particularly saw this bottle.
Cross-examined. Q. Do not other people put vermilion on the corks of their bottles? A. They may—I never saw any—there is nothing particular in the vermilion—to the best of my knowledge it is my bottle—I cannot swear expressly to that bottle, but I painted it myself—I should think thirty bottles might be taken out in two minutes—they might he swept out—no one could have come in between half-past six and half-past eight o'clock without my seeing them, because I have a glass door looking into the shop—the shop door was not shut—if any body had crept in, I must have observed them—I conclude that this bottle was taken out of the hole in the glass—it was within reach of the hole—these bottles are not made expressly for me.
GEORGE KEMP . I am a policeman. I was with Holland when he apprehended Barry—he said he had had one of the bottles, and had thrown it away near Shoreditch church, because there was nothing in it—I apprehended Morgan, on the Monday night before Barry was taken—I told him to be careful what he said before me, because it would be evidence against himself—he then said he was there, and saw Moss put his hand through the window, and saw Barnes receive the bottles from Moss and put then into his cap, and they gave him (Morgan) one bottle not to tell—I afterwards went and took Moss—I saw him put his hand into his pocket—I drew his hand out, and took out this bottle—he told me some woman had given it to him, saying, "Here, little boy, here is a bottle for you," that it was stolen out of some shop—while I was in the passage of the office at Worship-street, Barnes and Moss were both in custody together—Barnes said Barry was the one who broke the glass with a bradawl, and he had got the bradawl at home now—Moss said the same words in the presence of Barry—the bradawl has not been found.
Cross-examined. Q. Where did you take Morgan? A. I first saw him in Weymouth-terrace, Hackney-road, going with two horses to his master's stables—his father is a hard-working man, and works for a builder, and the
prisoner helped him a little, I believe—I searched him, but found nothing on him.
Moss's Defence. I and Barry were going up Hackney-road—a lot of boys stood at the corner of Crabtree-row—I went and told Barnes, and we came and watched them on the other side of the way—then some boys came over and gave us a bottle apiece, and said, "Say nothing"—Barnes went in with me, and told the doctor, and then they went home—we went and met them again, and they took my cap away, and threw it at me again—he ran away, and I went home.
Barry's Defence. I was going home, and saw the witnesses at the corner of Union-street, they asked me where I was going—I said, to buy a pigeon—Lebean said he would go with me to buy the pigeon, and then came home with me—I left him at the corner of Crabtree-court, and went home.
Morgan's Defence. I was going up the road—I saw the window broken—I went and told Barnes; he came and took some bottles out of the window, and gave us one.
NOT GUILTY .
Before Mr. Baron Gurney.
1003. JOHN CARTER was indicted for feloniously assaulting Thomas Troughton Patterson, on the 2nd of March, putting him in fear, and taking from his person and against his will, 1 watch, value 5l.; 1 watch-ribbon, value 1d.; and 1 key, value 6d.; his goods.
THOMAS TROUGHTON PATTERSON . I am a ladies' shoemaker, and live in Matilda-street, Commercial-road. On the evening of the 2nd of March, I was in a public-house in Osborne-street, Whitechapel, about eleven o'clock—while I was there, the prisoner came in with another man—he and I got into conversation about the county of Kent, for about twenty minutes, or it might be half-an-hour—we left the house together—I went away with both of them, walking one on each side of me—we went to the Bell, opposite to Whitechapel church, and had a quartern or a quartern and a half of rum—we had a glass each—I had not taken any spirits till I was in Osborne-street—I was rather the worse for liquor when I left the Bell, but knew perfectly what I was about—I walked arm-in-arm with them into Cannon-street-road, and there the one not in custody tried my fob, for my watch—my trowsers being tight he could not get it—I tried to get from them, but the prisoner held me tight, by my right arm—we went on about half a dozen yards, and then I was knocked down by the other man—the blow stunned me—when I recovered, I found my watch gone, and the prisoner standing by me declaring his innocence—I called out, "Watch" and "Police"—mine was a silver watch with a double case—it cost seven guineas when new—it was jewelled—I did not see the prisoner again till he was taken up last Tuesday week, I think—it was about ten days after the robbery.
Cross-examined by MR. PAYNE. Q. How long had you been drinking in the first public-house? A. I was there but a very few minutes—I drank nothing there until the prisoner came, and I then had about a glass of gin—I do not know how many glasses I had, as there were several in company—I drank but one in that public-house—I got there about eleven o'clock at night—it was Sunday night—I had not been to any other public-house—I had been into the City—I had not been drinking in the course of the day—I drank a little porter, nothing else, and not more than a pint—I do not think I drank more all day—I had not been to church at all—I will swear I did not ask the prisoner to see me home—it was not
necessary for him to help me—when I got up, I found him standing there—the other one was gone—there was nothing to prevent his going away with the other man.
RICHARD TOVEE . I am the son of Mr. Tovee, a carpenter, in Gould-street, Spitalfields. On this Sunday night, I went into the public-house—I saw the prosecutor standing at the bar—while he was there the prisoner came in, and another man with him—I heard them begin talking about Kent, and I observed them for some reason—I had seen the prisoner and the other man together about a week before—I saw them leave the house, and followed, to watch them—I saw them go to the Bell, opposite Whitechapel church—I saw them come out and walk up Mile-end-road, into Cannon-street-road, arm-in-arm, the prosecutor was in the middle—I saw the man who is at large, strike the prosecutor at the side of the head—he fell—and directly he struck him, the man ran across the road—I saw him putting something in his pocket, and I directly hallooed, "Stop thief,"—he ran down towards the back of the London Hospital—I could not catch him—I went on Monday, and saw Gardener talking to two girls.
Q. Well, after you could not catch the prisoner, did you come back to the prosecutor? A. He was then gone—I saw the prisoner next day—I went to the station-house directly, and gave information—I took two policemen to a house where I thought he was gone, but could not find him—on Friday week, I saw Gardener standing outside the Horns, and the prisoner was there with him, in the Horns, at Shoreditch—I ran to a policeman, who came, and Gardener was then gone—I went in search of the prisoner, who had gone out the back way—we found him in the back court of the public-house, and he was taken into custody.
Cross-examined. Q. What are you? A. A sawyer—I saw them together at the Horns—Gardener was standing outside—I ran to a policeman, and he ran away—when I came back he was gone—I had seen him go into the public-house, before I went to tell the policeman—I was in the street—I did not see the prisoner at that time—when I went into the Horns, I saw the prisoner come out of the tap-room to the bar, to get something to drink—he went out the back way, or side door, and was taken.
COURT. Q. Did the prosecutor appear to know what he was about? A. He did—he seemed a little the worse for liquor.
NOT GUILTY .
Before Mr. Justice Williams.
1004. JOHN MINCHER was indicted for feloniously assaulting Caroline Finch, on the 3rd of April, putting her in fear, and taking from her person, and against her will, 3 watch-cases, value 3l. 12s., the goods of John Wilmot.
JOHN WILMOT . Caroline Finch is in my service. I sent her on Friday, the 3rd of April, with three watch-cases, about eight o'clock in the evening, to Mr. Thickbroom, to be joint-finished—she had to go about three quarters of a mile—I was not at home when she returned—I saw them in the hands of an officer the same night.
CAROLINE FINCH . I am nearly fifteen years old. I was sent by my master with three watch-cases in a bag, fastened in a paper—I had the string of the bag twisted round my wrist, and up in my pinafore, as I went along—when I crossed the road in Galway-street, five girls and the
prisoner met me—I did not know him before—when they crossed the road, they came behind me and tried to pull the bag out of my hand, but could not get it—the boy pulled at it, not the girls—I turned round to see who it was—they could not get it, and then they came in front of me—the prisoner pulled at my pinafore, and caught hold of the bag too—he pulled my pinafore down, and then saw the bag—he pulled as hard as he could at it—he got it from me, and it fell on the ground—he had got it in his own hand—it fell on the ground from his hand—he picked it up—I screamed out, "Stop thief," and he let it go—I turned down John's-row way—they followed me—when I got to the bottom, I saw a policeman—I saw him almost directly I called "Stop thief"—he took the prisoner—I had lost sight of him before the policeman took him—I got the bag again—he did not ran away when I called "Stop thief"—he went on the other side of the way, and followed me down the street—I saw the policeman, and told him, and he took him—I had got the bag and the watch-cases, and gave them to the policeman.
Cross-examined by MR. DOANE. Q. Could these children see what you had got? A. No—I did not see them playing—I did not speak to them—I did not see them till they came behind me and pulled my pinafore—the girls had got hold of me, but they did not pull my pinafore—they were amusing themselves by pulling me about—they pulled one way, and the boy another—the boy pulled my arm, and as my arm came down, the bag fell—he picked it up—I screamed, "Stop thief," and then he dropped it—he gave me the bag, and we both went down the street.
COURT. Q. How near did he walk to you? A. On the other side of the way—he did not run.
JAMES BREMAN . I am a policeman. I was on duty on Friday, the 3rd of April—I heard a cry of "Stop thief," about nine o'clock, in Old-street—I went immediately towards the sound—it appeared the sound of a child—on coming up, I saw Finch—the prisoner was between ten and twenty yards a-head of her, on the same side of the road—the girl gave me information, and I went up to the prisoner and took him into custody—I said, "You must come to the station-house with me"—he said the Lord strike him dead if he went to do it—when he got to the station-house, her said he only did it in fun—I got the watch-cases from the girl.
(Property produced and sworn to.)
Prisoner's Defence. I went to take a walk with some girls, who my sister goes to the Sunday-school with—we were playing in Galway-place—we were running about, and knocked against the girl—she hit my sister and made her cry—I just touched her, and she said I wanted to steal the watch-cases.
NOT GUILTY .
Second Jury, before Mr. Recorder.
GUILTY .— Confined Three Months.
GUILTY .— Confined Six Months.
1007. SARAH BARNES was indicted for stealing, on the 7th of February, at St. James, Westminster, 1 hat, value 20s.; 6 sovereigns; 2 half-sovereigns; 10 shillings; and 1 £5 Bank-note; the goods, monies, and property of Elizabeth Schofield and another, her mistresses, in their dwelling-house: and JAMES HALE was indicted for feloniously receiving the same, well knowing it to have been stolen, as aforesaid, against the Statute, &c. 2nd COUNT, for receiving of a certain evil-disposed person.
ELIZABETH SCHOFIELD . I was in partnership with Eliza Lewis, and lived in Vigo-street. We were milliners—Barnes lived servant to us for about five months, and left on the 9th of March—she had gone out that morning with a young lady to school, and returned about three o'clock in the afternoon—she had previously given warning to leave us—in consequence of her staying longer than we thought proper, Miss Lewis suggested, in my presence, that she should quit at once—before she was to leave, we proposed that she should allow us to look into her boxes—I and Miss Lewis went up-stairs with her, to her bed-room—we looked into her box, and found a ring of Miss Lewis's, a bag of work, and a small box of beads, belonging to me, which was in my work-box, on the 7th of Februry, when the robbery took place—my work-box was locked—the box itself has been taken, and not found—I lost a silk hat on the 7th of February, and a £5 note, belonging to both of us, which was in Miss Lewis's work-box—six sovereigns, two half-sovereigns, and ten shillings in silver—they were all in her work-box—there was a card-case in Miss Lewis's box, with the money—her box and all were taken—there was nothing more in her box—I have since seen that card-case at the pawnbroker's—the bag and box of beads were in my box, and the clothes—the hat was our joint property—we found two pieces of satin in the prisoner's box, which had formed part of the hat—I knew it from the shape, and the blonde and ribbon, which were with it in her box—I asked the prisoner what she had done with the clothes—she said the card-case was pledged at Fleming's, in Brewer-street, and I found it there afterwards—we got an officer and took her into custody—when she came to us, she appeared to have very little money—she appeared poor—she was very badly off for clothes, and appeared better dressed afterwards, in consequence of having got new clothes—I have seen the male prisoner about the house, speaking to Barnes.
Cross-examined by MR. PHILLIPS. Q. Had she got any wages from you after she came into your service? A. Yes—I do not think she bought all the new clothes with her wages—Miss Lewis paid her—I believe she had one sovereign from her, and a dress, which was part of her new clothes—I believe it was in part of her wages—I believe 1l. 6s. is due to her, but there are some bills to take out of it—about two months wages are due to her, I believe—she was paid the first three months—Miss Lewis was present when she said she pawned the card-case—Miss Lewis was in partnership with me, while the prisoner was in our service, and continued so down to the time of the loss—the robbery was committed on the 7th of February—the prisoner came into our service on the 17th of October—the house was not broken open—I was in the house at the time—the door was left open—we did not leave it open, but when we came down stairs, we found the door of the show-room open, and all the property gone—it was not broken—there were no marks of violence on it—the prisoner came up-stairs when I gave the alarm—I told her what was lost—when I found the things in her box, she said she had given the clothes away to any one that liked to
have them—I do not recollect asking her how the things that were in her box came there—she did not tell us how they came in her box—I believe I said that box of beads was in my work-box at the time of the robbery—we found this part of a hat—I swear it is part of the hat—it is the ribbon and blonde it was trimmed with—I know it by the shape as well—I do not know that I can swear to it—I did not ask her any questions about the hat.
COURT. Q. Look at the card-case—is that the case you have spoken of? A. Yes—that was in Miss Lewis's box with the money—the satin corresponds in colour, quality, and shape, with the hat; and the ribbon and blonde correspond—I am satisfied that it is part of the trimming of the hat—we asked her what she had done with the money—she said she could not replace it—she did not say what had become of it.
ELIZA LEWIS . I was in partnership with Elizabeth Schofield at the time—I went up with her to examine the prisoner's box—I found a ring, a small bag of work, several pieces of ribbon and silk, and some blonde—these pieces of satin I know, for I had several things made of the same satin; it formed part of a hat which was lost—we had a piece of blonde of the same pattern as this; it had been on the hat—we lost no blond but what was on the hat—it matched with some we have still in our possession—I know the ribbon; there is about a yard and a half of it—it is all the ribbon which had been on the hat—this card-case is mine; it was in the work-box in which the money was—there was a 5l. note, six sovereigns, two half-sovereigns, and eight or ten shillings in the work-box, which was locked, and kept in the front room on the ground floor—I occupy the whole house—it is in the parish of St. James—we jointly paid the rent and taxes—when I found the things in the prisoner's box, I asked her how she came to have those things there—she said she could not tell at first—I said she was a dreadful girl to remain in the house with us so long, robbing us in that way—she cried very much, and said she was led away to do it; she did not do it on her own account—I said I could not let such a thing pass by, I must put her into custody—I sent for an officer—I have never seen the money or work-box since.
Cross-examined. Q. Was Miss Schofield present at all the conversation? A. She was, and heard it—I cannot say whether the prisoner spoke loud enough for her to hear—she did not speak very loud, she was crying all the time—we both searched her box separately—Miss Schofield saw her crying, but might not hear what she said—she was two or three yards off—it is impossible for me to say whether she heard it.
GEORGE STONE (police-constable C 99.) Between five and six o'clock on Monday afternoon I accompanied Miss Lewis to her house, and took charge of the female prisoner—I took possession of some pieces of ribbon, some skeins of silk, a small bag and beads, and a ring—I took the prisoner to the station-house—I had great difficulty in getting her out of the house—she wished to go back to Miss Schofield, saying she could make it all up if she went to her friends—I would not let her go back.
Cross-examined by MR. DOANE. Q. Where did you first see the articles? A. Up stairs in the servant's bed-room, except the ring—she was not present—the prosecutrix gave me the articles.
CHARLES WILLIAMS . I am in the service of Mr. Flemming. I have a card-case, pawned by the female prisoner on the 25th of February, for 3s.—I asked her if it was her own property—she said no, it was the proprety of Jane Edwards, and that her name was Betsy Hale.
Cross-examined by MR. DOANE. Q. Did you take it in yourself? A. I did—she was dressed as a servant—she was in one of the boxes alone—we have a very good view of the persons in them—we have a great many persons come in a day—I am certain she is the woman, for I was very particular in asking her questions.
JURY. Q. What time was it? A. About five o'clock—I recollect her person very well—it was not candle-light.
MISS LEWIS re-examined. I know this card-case—it was in the box with the money when I lost it—these skeins of silk are my property—I lost some silk like this—it was not partnership property.
Cross-examined by MR. DOANE. Q. When had you seen that card-case last? A. About an hour before the robbery, on the 7th of February—I put it into the box myself, and locked the box—Miss Schofield saw it in the box.
GEORGE STONE re-examined. I apprehended Hale—I saw him on the opposite side of the way, walking up and down past the prosecutrix's house, at the time Barnes was apprehended—not knowing him, I followed, and called him by the name of Hale—he answered to the name—I took him to the station-house, and charged him with being concerned with the woman, and visiting her—he said he had not been there that day.
Barnes's Defence. Mistress came up to me and asked me to say it was Hale who committed the robbery, and she would give me my liberty—I said I would not bring an innocent person into it—I told the policeman how I came by the articles—mistress came to me like a mad woman, and said she knew Hale was the person who did it.
BARNES— GUILTY . Aged 26.— Transported for Life.
HALE— NOT GUILTY .
1008. SARAH BARNES was again indicted for stealing, on the 8th of March, 1 handkerchief, value 1s., the goods of Elizabeth Schofield, her mistress; and JAMES HALE was indicted for receiving the same, well knowing it to be stolen.
ELIZABETH SCHOFIELD . I lost a handkerchief while Barnes was in my service—this is it—it is crape—it is not such a handkerchief as a man uses—I kept it in my bed-room—I saw it safe a few days before Barnes was apprehended, I think—she had access to the room—we had no other servant—Hale had no access to the room by our permission or knowledge—I have seen him several times with the prisoner—I never saw him up stairs.
Cross-examined by MR. DOANE. Q. This seems rather the worse for wear, is it not? A. Yes; it is an old one—I might have worn it on my neck a few days before it was found—it was not as dirty then as it is now—it had no business in the kitchen—it was in my bed-room, I am certain.
GEORGE STONE . I apprehended Hale in Regent-street, on Monday, the 9th of March—when I first saw him he was walking opposite the prosecutrix's house—I accosted him about half an hour after Barnes was apprehended, and told him he must go with me to No. 13, Vigo-street—I asked if he knew Barnes—he said yes, and he would go with me with the greatest pleasure—I found this handkerchief in his pocket at the station-house—he said Sarah Barnes gave it to him—the prosecutrix has a shop-window with millinery in it—it was as dirty as it is now when I found it.
Cross-examined. Q. Is this an unlikely article to come out of such a shop when done with? A. I do not know—he said it had become dirty
by his having put half a pound of beef-steak in it—he did not know Barnes was in custody—he said he was waiting for her.
Barnes. She gave me the handkerchief—I had it in the kitchen as a duster—the agreement was, that I was to have all the left-off clothes—she brought the handkerchief down in the washing week, and said, "Sarah, you may take that." Witness. On my solemn oath, such conversation never took place—I never gave it to her, or told her she might have it—Miss Lewis agreed with her to give her the clothes that were done with—I never gave her this—I very seldom used it, I used to put it on occasionally—I did not send it into the kitchen, and never saw it there.
MISS LEWIS. I never gave her the handkerchief nor did I know of her having it.
Hale's Defence. The handkerchief was given to me by Barnes in the morning, between eleven and twelve o'clock—I went out to get half-a-pound of steak for dinner—I met Barnes in Silver-street, and informed her that I had come out to buy the steak—she said she was in the habit of buying meat at Owen's, and she would go and buy me the steak—I went into the shop with her, the steak was purchased, Owen put it in a paper—she said, "Put it into this handkerchief, and return it to me to-night"—at night I went to the house to return it, and was taken—I requested Stone to give it to Barnes, not imagining I should see her—he informed me he would give it to her.
GEORGE STONE re-examined. He did request me to take it to Barnes; he said, it was hers at first—when I asked how he got it, he said Barnes had given it to him—I informed him Barnes was in custody, directly I went up to him in Regent-street—he did not propose sending the handkerchief to her till I found it on him—I had taken him to Miss Schofield's house before I took him to the station-house.
BARNES— GUILTY. Aged 26.—Recommended to mercy by the
HALE— NOT GUILTY .
1009. CORNELIUS PARKER was indicted for stealing, on the 30th of March, 1 shovel, value 4s.; 1 coat, value 1s. 6d.; 1 cap, value 2s.; and 1 pinafore, value 6d.; the goods of Isaac Kirk, from the person of William Kirk.
MARY KIRK . I am the wife of Isaac Kirk. My son William was playing outside my house on Monday afternoon, the 30th of March, near Mile-end turnpike—the constable afterwards brought me a coat, a cap, and a pinafore, which were part of my child's clothes, and a shovel which belonged to us.
EDWARD MASON . I was at Dempsey's-field, Stepney, on the 30th of March, between four and five o'clock in the evening—I saw the prisoner there walking with William Kirk—I saw him take the child's pinafore off, and lead him by the hand into an unfinished house—I went in three or four minutes, and then the cap, pinafore, and coat were off the child, and he was in the act of pulling off his trowsers—the pinafore, cap, and shovel, were in a bag which the prisoner had—the child's coat was alongside the prisoner—I said, "You rascal, how came you to pull the child's clothes off?"—he said, "I did not"—he then said, "The child told me to pull
them off"—I took him to the station-house, and gave the property to the constable.
Cross-examined by MR. CRESSWELL. Q. How long had you seen the child and prisoner together? A. About half an hour—they had not been playing together, but were walking to and fro in the field—the child did not refuse to go to the unfinished house, that I saw—the house was not floored—it had been used as a retiring place for a necessary occasion.
WILLIAM HORNER . I am a policeman. The prisoner was given into my charge at the station-house by Mason—I took possession of a carpet bag containing a pinafore and cap—the coat the child had on—he had put it on to walk to the station-house—the prisoner had a penny-piece in his pocket—I turned round to the child, who had one penny farthing in his hand, and said, "Who gave you this?"—the prisoner was behind me—the child said, "That boy," pointing to the prisoner—the prisoner said he did not do it, and wavered a good deal in his statement—the bag, he said, was his, that the child had asked him to take the things off, and put them into the bag—the shovel was in the bag—the child is five years old.
(Property produced and sworn to.)
Prisoner's Defence. We were in the field together playing—the boy wanted to do something, and told me to take his pinafore off—I took it off, and put it on again—he wanted to do a job for himself, and crossed the field—I pulled off his pinafore and coat—he did what he wanted—I was then dressing him—the things lay alongside of him—the man came and took the things from me, and put them in the bag.
MARY KIRK re-examined. The prisoner is not a playmate of my son's—he is a stranger—the field is a quarter of a mile from my house—the child does not stray away of his own accord—he had the shovel in his hand at the door.
(George Linton, salesman, Richard-street, Islington; Henry Mears, Houndsditch; Abraham Mean, carver and guilder, Ebenezer-square, Aldgate; and Ann Parker, widow, York-terrace, Stepney, gave the prisoner a good character.)
GUILTY . Aged 16.— Confined Six Months.
NEW COURT.—Friday, April 9, 1835.
Second Jury, before Mr. Common Sergeant.
GUILTY .— Confined One Year.
GUILTY .— Confined Four Months.
GUILTY .— Transported for Seven Years.
GUILTY.—Recommended to mercy.— Transported for Seven Years.
1014. WILLIAM JONES and THOMAS DITNON were indicted for stealing, on the 22d of March, 6 glazed window-sashes, value 3l. the goods of Luke Freeman, being fixed to a certain building, against the Statute.
MR. PHILLIPS conducted the Prosecution.
GEORGE BOLTON (police-constable H 49.) On the morning of the 22d of March, I was on duty in Well-street, Mile-end New-town—I saw the house, No. 1, safe at five o'clock, and at twenty minutes after five o'clock I observed the sashes were taken out—I got assistance, and got in at the back door, which was open—I found the six sashes which had been taken out, standing against the lower room window cill, in the yard—I went up stairs to the one-pair back room, and I found the two prisoners behind the door, up in a corner—I said "I have been long looking for you, and have caught you at last"—there had been one sash taken from that room, one from the front room, and four others from other rooms—I took the prisoners to the station—part of the window-frame in the front room had been chipped—I searched Ditnon, and found on him two knives—neither of them gave any account how they came there, or what they were doing—but before the Magistrate, they said they went there to sleep—there had been six sashes removed.
BENJAMIN WISBEY . On the 22d of March, I was in my master's barn at five o'clock—Bolton placed me at the back door of the next house, to watch—I looked over the gate, and saw the two prisoners standing in the yard—they looked at me over the top of the door—they then stooped down—I called to the policeman, "Here they are"—the prisoners then got over a wall, five feet high, and ran up stain—I went up with the policeman—what he has stated is true.
GEORGE HART . I am a baker, and have the care of this house—Mr. Wynne is my landlord. I had the key—the house had been empty some time—it was all safe between four and five o'clock on the 21st of March—the policemen gave the alarm the next day; and these sashes were missing—the persons must have entered at the shop door, by false keys—there was no breaking in—I can swear these are the sashes.
Jones's Defence. I met this young man at half-past two o'clock that morning, he asked me if I was going home—I said it was too late, and he asked me to take a walk with him; we saw the door of this house open, and went in and slept—we heard an alarm, ran up stairs and were taken.
(Richard Carter, a weaver of Devonshire-street, and Joseph Murton,
gave Jones a good character; and Joseph Dyer, a weaver, No. 5, Patience-street, street, engaged to employ him.)
JONES— GUILTY . Aged 20.— Confined Six Months.
DITNON— GUILTY . Aged 20.— Transported for Seven Years.
ELIZABETH CLARKE . I live opposite the prosecutor's—I saw the prisoner with his hand on this lamp in his shop—he stooped down by the side of the counter, and waited above two minutes—then took the lamp and walked away with it in a basket—he came across the street and I followed him till he was taken.
Prisoner's Defence. I met a friend, who gave me some liquor—I cannot remember what happened afterwards, till I was taken by the collar to this shop—I cannot remember about the lamp.
GUILTY . Aged 26.— Confined One Month.
WILLIAM FOLWELL . I live at Stepney—I had a copper fixed, which I saw safe at six o'clock in the evening of the 25th of March—I missed it at eight o'clock the next morning—I found it had been taken over the roof of the wash-house—this is the copper—I can swear to it.
JAMES MULLINS (police-constable R 66.) I was on duty on the 25th of March, about eight o'clock in the evening—I saw the prisoner with this copper on his bead—I asked if it was a copper—he said, "Yes"—I asked where he got it—he skid from home—I said, "No; tell me the truth, where did you get it?"—he then said, "Langton sent me for it near York-square"—he asked me to go to Langton—I took him to the station-house, and then I went to Langton, who keeps a broker's shop—he said he had not sent him for it.
(The prisoner received a good character.)
GUILTY. Aged 21.—Recommended to mercy — Confined One Month.
JOSEPH BISHOP . I live with my father, Job Bishop, who keeps a clothes-shop in Charlton-street, Somers-town. I was sitting in the parlour on the 6th of April—the door was open, and I saw this frock taken down—I ran into the shop and saw the prisoner on his hands and knees, with this frock on his apron, which he had on the floor doubling it up—I asked what he wanted—he said, a pair of shoes—I said he did not want shoes, he wanted that frock—he said no, he did not; that he was going to work in the factory on Monday morning—he said he did not unpin the frock, but I saw him reaching up and doing it, at least I saw the frock move—I did not exactly see his hands, but I ran forward, and there he was.
Prisoner. I was not on my hands and knees—I went in and knocked several times—a woman came out, and I said I wanted a pair of shoes.
Witness. I believe my mother went out just before me, but I went close to her—he then got up and said he wanted a pair of shoes—he was taken and searched, and had not one farthing.
GUILTY . † Aged 13.— Transported for Seven Years.
ARTHUR GEORGE THOMAS . I am in the employ of John Dent and another, in Crawford-street. On the 30th of March, the policeman brought this printed cotton to our house, to know if we could identify it—we had such in our shop—I saw it on Saturday and on Monday morning; it was put at the door, and taken away—the person who put it out is not here.
THOMAS SIMMONS (police-constable D 77.) I took the prisoner on the 30th of March, in Seymour-place, with this print—I asked what she had got—she said it was no business of mine—I took her to the station.
NOT GUILTY .
WILLIAM WILLIN . I am shopman to Mr. William Allen, High-street, Marylebone. We had this print outside our shop on the 30th of March, and the prisoner was taken with it—I bad seen it safe between ten and eleven o'clock in the morning—I am sure it is ours by the private mark—I had never seen a piece like it before—we had sold part of it—the piece ran about 28 yards, and here is 21 yards now—I am sure this had not been sold—I had been in the shop the whole morning.
JURY. Q. How many serve in your shop? A. Three—I know what was sold, as the articles are entered in a book—there had not been to many persons there that morning but we must have seen them.
GUILTY . Aged 14.— Confined One Month.
1020. GEORGE MARTIN was indicted for stealing, on the 8th of April, 2 handkerchiefs, value 4s.; 1 ring, value 25s.; 1 seal, value 9d.; 2 watch-keys, value 3d.; 2 pocket-books, value 2s.; and 2 keys, value 6d.; the goods of Robert Cheesman, from his person.
ROBERT CHEESMAN . I went into the Essex Coffee-house, Whitechapel, on the 8th of April, at half-past five o'clock in the morning—I then had a pocket-book, and the other articles stated, in my pocket—I fell asleep, and awoke about ten minutes before six o'clock—I then missed all my property—my pockets were empty—I spoke to the landlord, and went out—as I was going along, missed a ring from my finger—I was quite sober—I had been to bed, and got up about five o'clock—I met the policeman, and we went to two coffee-shops, and in the second we
found the prisoner sitting in a box, reading a letter, which I know had been in my pocket-book—the policeman desired him to stand up—he found my pocket-book under him, my handkerchief in his hat, and my ring and other articles in his pockets—I lost ten or twelve shillings, but that we did not find—I had not seen the prisoner in the first coffee-house I went to.
Prisoner. I went to the coffee-house, and found the things wrapped up in the handkerchief. Witness. They had not been in any handkerchief—they had been in my pocket, and my pocket was cut.
WILLIAM ROBERT POOLE GOLDING . I keep the Essex coffee-shop. The prisoner came in that morning, while the prosecutor was there—I had seen the prisoner before—he called for two cups of coffee, and then went out—the prosecutor awoke some time after, and missed his property.
GUILTY . Aged 18.— Transported for Seven Years.
HENRY BLEWIT . I live at Dartford, and am post-boy to Mr. Charles Messenger. On Sunday night, the 5th of April, I came to London with the Express—I rode my horse to the private entrance of the Morning Advertiser Office, in Shoe-lane—when I got off, the prisoner came and asked whether he should hold my horse—I said, "No, let it alone,"and he walked across the road—I went into the office, and when I came out again, the saddle and other articles were gone from the horse.
Prisoner. Q. Are you sure I am the person? A. Yes; I know you are the person who came up to me—I have no doubt of you.
GEORGE BOULTON (police-constable F 100.) I was on duty in Bream's-buildings, and saw the prisoner with the saddle on his shoulder, a little before twelve o'clock, at night—I asked where he was going with it—he said to Mr. Smith's, his master, at the Black Horse, Clement's-lane—I asked where he brought it from—he said, "Shoe-lane"—I went with him to the Black Horse, to see if it was all right, and when he got there he did not know the landlord—he then said he lived opposite—I took him to the station—this is the property.
Prisoner. I was in liquor. Witness. No—you was sober.
GUILTY . Aged 18.— Confined One Month.
ANN ELIZABETH AINGE . I am the wife of Thomas Ainge. We keep the George public-house, Liverpool-road. On Thursday, the 19th of March, about nine o'clock, I gave Mary Field a sovereign to get change—the prisoner, who was our pot-boy, was in the house at the time.
MARY ANN AINGE . I am daughter of this witness. I gave my mother the sovereign—I sent Mary Field to her, to get change for it—she went out and returned, saying she could not get change—the prisoner came in at the same time—I told him to get change, and the sovereign was given to him—he went out, and returned in about two minutes; he then threw down
a gilt farthing to me, and said, "Are you aware of what you have taken?"—I said, "Benjamin, have you been changing it, you are not capable of that, are you?"—I then called my mother, and we all went into the kitchen together—there was a gentleman in the parlour taking a glass of ale, and I suppose he told the policeman, as he came in—I left the kitchen, and went to the bar—I went up stairs at the prisoner's box was being searched, and there were two more gilt farthings there, in a small tin box.
MARY FIELD . I sm servant to Mr. Ainge. I went with the sovereign to Mr. Brown's to get change—I looked at the sovereign—I am sure it was a good one—I gave the same sovereign to the prisoner which my mistress had given me—I had given it into Mr. Brown's hand, but he returned it to me again—it had a rough edge to it—the prisoner took it and returned in about two minutes; and after he returned I went up to his box, and found the other two gilt farthings there, he said, there were three there—these two are just the same as the other.
Prisoner. You went to my box that morning to examine a handkerchief. Witness. No; I did not—I had never opened the box in my life—I saw a handkerchief on the box—I lived there one month—I lived six months at St. Alban's with Mr. Ainge, in St. Peter-street.
JAMES MEAGHER (police-constable M 33.) I was called in and took the prisoner—I produce these three gilt farthings—I searched his person and his box at his request, as he stated there were three gilt farthings in his box, but only two were found.
Prisoner. I am sure she gave me the same sovereign as I gave to my mistress—I desired them to search Field, but they would not—I am sure if they had they would have found the sovereign.
(James Goodyear, a weaver, of Bethnal-green, gave the prisoner a good character.)
GUILTY. Aged 20.—Recommended mercy by the Prosecutor.
Confined One Year.
GUILTY . Aged 29.— Transported for Seven Years.
JAMES CUMMING . I live at No. 12, Mapleton-place, St. Pancras. I was in Bedford-square on the 20th of April, and felt a twitching at my coat pocket—I turned and saw the prisoner close to nay back, with my handkerchief in his hand—he was endeavouring to conceal it—I seized him, and he threw it down on the pavement to his accomplice, who ran off with it—the prisoner slipt from me—I pursued him, and never lost sight of him till I seized him in Montague-place.
Prisoner's Defence. I was going along the square, and a man put the handkerchief into my hand.
(George Wanster, a gun-polisher, No. 59, Tower-street, and Edward Deane gave the prisoner a good character.)
GUILTY. Aged 18.—Recommended to mercy.
Confined Two Months.
1025. GEORGE JONES was indicted for stealing, on the 22nd of January, 2 sheets, value 6s.; 1 carpet, value 4s.; 2 pillows, value 8s.; 3 blankets, value 16s.; 1 glass salt, value 6d.; 1 goblet, value 1s.; 1 towel, value 9d.; 1 book, value 1s.; 1 shirt, value 2s.; 1 counterpane, value 6s.; 1 tumbler glass, value 1s.; and 1 flat iron, value, 9d.; the goods of Sarah Stobie;— and also on the 25th of March, 1 table-cloth, value 2s.; 1 candlestick, value 21s.; and 1 blanket, value 3s.; the goods of James Winterborne; to which he pleaded
GUILTY . Aged 40.
The prisoner received an excellent character, and was strongly recommended
to mercy.— Confined Five Days.
Prisoner. That handkerchief is my own property, there is no mark upon it. Witness. I know it by the pattern, having one of the same pattern, and by losing this at the same time.
MARK LAST . I was at my brother-in-law's drawing-room window, about three o'clock—I saw the prosecutor walking with a lady—the prisoner followed him and pulled out a handkerchief, which I believe was this—I opened the window, and called to the prosecutor that he was robbed—I shouted, "Stop thief, stop thief"—the policeman took the prisoner before he got out of my sight.
Prisoner. Q. How was it that you was with the policeman when I was taken into custody? A. I was not, I went down when the policeman had got you—I suppose about two minutes afterwards—you were going between a run and a walk—you were taken about twenty or thirty yards off.
GEORGE ENGLISH (police-constable H 153.) I was on duty, and took the prisoner—he attempted to rush by me—I took him by the collar—he asked me two or three times to let him go—I got him on the pavement when the last witness came up—I looked into his right-hand pocket, and saw this handkerchief—he did not say it was his then.
Prisoner. Q. Was I running? A. Between a run and a walk.
Prisoner's Defence. I was walking—I heard a cry of "Stop thief," and the policeman took me—he took this handkerchief out of my pocket, but I had bought it of Mr. Sowerby, the pawnbroker.
GUILTY . Aged 19.— Transported for Seven Years.
THOMAS HOLLOWAY . I am a baker, and live at Charlton-street, Somers'-town. The prisoner was in my service about four months—I sent him every morning to Belle Isle—on the 4th of April, I put the bread on the counter for him to load his barrow while I went down to the bake-house—there were fifteen quartern loaves and twenty half-quartern—I did
not see any thing else at that time, but I afterwards saw two quartern loaves in a cask under a gateway.
EDWARD TACKLEY . I live in Charlton-street, St. Pancras. I saw the prisoner come home that morning with his barrow—I afterwards saw him with two quartern loaves, coming from the barrow and looking towards his master's—he went over to the cask, and I told the prosecutor.
CHARLES GRINHAM (police-constable S 155.) I saw the prisoner fetch his barrow—he then looked into the cask, but did not take any thing—he then went and took two loaves out of the cask, and ran towards the New-road, where he had left his barrow—I pursued and took him—he wanted to get away, and said the bread belonged to him—he had been to Belle Isle with fifteen half-quarterns and ten quarterns, but instead of delivering the twenty-five loaves, he kept two back, and delivered only twenty-three.
NOT GUILTY .
Fifth Jury, before Mr. Sergeant Arabin.
JOHN CLARK . I am in the employ of Mr. Robert Richardson, a boot and shoemaker, in Marylebone-lane. On the 28th of March, the prisoner came to his shop at half-past ten o'clock at night—she said she wanted a pair of shoes at about half-a-crown—I got her a pair and fitted them on—she said they were too tight, but they were right in length—I said I would get her another pair—I went to the other end of the shop, and on turning to look at her, I saw her take a pair of men's shoes which were on the floor near her, and put them under her shawl—I brought her another pair—she objected to them, as not having heels—I said I could not suit her—I still saw the shoes she had taken under her shawl, but I did not accuse her in the shop, there were so many persons there—she then went out without buying any thing—our foreman went and brought her back—these shoes were pulled from under her shawl.
STEPHEN BUCK (police-constable D 49.) I was called in. I saw the prisoner, who was accused of stealing a pair of men's shoes—I asked her how she came to take them away without paying for them—she said she had paid for them—I then turned to the witness and said, "She says she has paid for them"—he said she had not—she said, to satisfy him and me, she would pay for them again.
Prisoner. I said I had paid him half-a-crown, but there being so many people in the shop, I thought he had put it into his pocket and forgotten it.
GUILTY . Aged 30.— Transported for Fourteen Years.
THOMAS BRIGGS . I am a fanner, and live at Barking, in Essex. I was in Great James-street, Bedford-row on the 25th of March—I got out of my little cart and went into No. 33—I threw my great-coat on the
horse—I went into the house, and in abont three minutes I saw the prisoner take the coat off the horse, and walk away—I came to the door and saw him going down Great James-street—I called, "Stop thief"—he threw the coat down at the third or fourth door, and set off running—the policeman pursued, and brought him back—the officer took up the coat—I did not lose sight of the prisoner.
Cross-examined by MR. PAYNE. Q. How far were you from him? A. Not more than two yards—I was watching my horse and cart—the prisoner was about twenty yards from me—I only saw his back till he was taken—I called, "Stop thief."
(Property produced and sworn to.)
Prisoner's Defence. I heard somebody sing out "Stop thief," I ran, and they took me.
(Thomas Higgs, a coach-trimmer, of New Compton-street, and Ann Lepey, gave the prisoner a good character.)
GUILTY. Aged 54.—Recommended to mercy.— Confined Six Months
WILLIAM BLACKBORN . I am a pawnbroker, and live in Myddleton-street. I produce three yards of this linen, which I took in of the prisoner—she had long used our house, and when the prosecutor came, I gave him her direction at No. 2, Howard-place—he found her there.
Cross-examined by MR. PAYNE. Q. How far is your house from the prosecutor's? A. Perhaps one hundred and fifty yards, and the same from the prisoner's—I have known her two or three years—she and her husband were in great distress.
JOSEPH HUTCHINSON (police-constable C 22.) On the 29th of March, at a quarter-past one o'clock in the morning, I went with the prosecuter and another officer to No. 2, Howard's-place. I went up one pair of stairs—I knocked at the door, and told the prisoner's husband I wanted to speak to him—he said he was in bed, but he opened the door, and I found the prisoner standing in the room—I said, "Have you pawned a piece of lines sheeting to night?"—she said "Yes"—I said, "Where is the remainder?"—her husband said, "There," and pointed to this roll, which was at the foot of the bed—the prisoner fainted, and sunk on the bed, on the floor—when she recovered, she cried very much, and said, "I know I took it, but it was through distress and want"—her husband said, "Oh Ann, how could you do so?" and he said when she brought it to him, she told him she got it of a person, and was to pay for it by weekly instalments—I found the duplicate on the mantel-piece.
Cross-examined. Q. What was the general appearance of the room? A. That of great poverty—I have known them to be sometimes very much distressed—when they got to the station, her husband pressed her to say where she got it—she said, "I know I took it—I got it from Exmouth-street."
(The prisoner received an excellent character; and Mr. Lake, a book-binder, for whom she had worked, promised to employ her again.)
GUILTY. Aged 26.—Recommended to mercy.— Confined Five Days.
MARY ANN ROBERTSON . I am the wife of Robert Robertson; we keep a cheesemonger's shop in Paddington-street. On the 30th of March I stepped out, and returned in about three minutes—when I got on the pavement, I saw the prisoner at the shop, with his back to me, in a very suspicious manner; but I had no idea what he was about till I got on the step, when he turned round to me, with the ham in his hand—I took it from him as he was on the step—he got from me, and ran off, but was brought back—I am confident he is the man.
Prisoner. Q. How long was I in the shop? A. I cannot say; but I saw you with the ham—I could discern your face, and know you are the person—I stood at the door, and you ran up the street opposite—you got out of my sight.
JOSEPH MOODY . I was coming along Paddington-street—I saw Mrs. Robertson just by the step, and saw the prisoner come off the step and run down the street opposite—I ran after him, and did not lose sight of him till he was caught—he is the man who had the ham.
Prisoner. Q. Did you see it in my hand? A. No; but I saw you run out of the shop—you ran across the street opposite, and turned to the right—you went down Woodstock-street—you stopped yourself, and came back.
FRANCIS FELTHAM . I am a private watchman to Boyd and French. I have a certificate of the prisoner's former conviction, which I got at Mr. Clark's office (read)—I was a witness, and know the prisoner is the man.
Prisoner's Defence. I had the misfortune to be very poor—I met a young fellow who told me he could get me some work—we went and took a gentleman's handkerchief, and we had six months—since that I have been taken into employ—I drove a cab, and on the 30th of March I was on the cab, and heard a cry of "Stop thief"—I went with the rest, and came back with them—no one stopped me—the woman then came out and said, "That is him."
MARY ANN ROBERTSON . I am confident the prisoner is the person—I lost sight of him when he went down the street opposite—I took the ham from him myself—I saw his face then quite perfectly—he laid nothing to me—my husband was in the room—the printer was in the shop with his back to me—a man brought him back—he said he had done nothing, and the man said he had better come back and clear himself.
GUILTY . Aged 21.— Transported for Fourteen Years.
April, the prisoner came for a quarter of an ounce of returns—my mother served him—I was in the parlour—he had a pipe, and he asked my mother for a candle to get a light—she took him one—he dropped it out of his hand, and wanted another—she then came in for that—I kept watching him through the window, and saw him reach his hand over the counter—I called to my mother that she was being robbed—he darted out of the shop and ran off, but he was stopped at the corner and brought back—we do not put the money in a till, but on a board under the window—I had been there about five minutes before, and left five shillings there—I went to look, and there were only three shillings there—the prisoner was brought back in less than two minutes.
RICHARD CONSTANTINE . I was at my own door and heard the alarm—I caught the prisoner—he escaped, but was pursued and taken—a shilling and one halfpenny were found on him, and the tobacco which he had bought in a paper.
Prisoner's Defence. I was leaning on the counter—I did not take the money—she cannot say she saw me.
GUILTY . Aged 17.— Confined Six Weeks.
MARY AVE . I am in the service of Mrs. Dorothy Babington, who is single, and lives in Woburn-square. On the 23rd of March, the prisoner came down into the area, between eleven and twelve o'clock in the morning—the gate was shut, but not locked—he came into the kitchen and asked me if there had been any medicine left there on the Sunday by mistake—I said I would inquire—I went to my fellow-servant, but the prisoner being a stranger, I returned very quickly, and saw him standing before the breakfast-tray, with his back to me, taking the spoons—I told him he was a thief—he ran up the area-steps—I pursued and called "Thief"—he was taken and brought back in less than five minutes.
(Property produced and sworn to.)
GUILTY . Aged 20.— Transported for Seven Years.
JOHN ELLIOTT . I am a pawnbroker, and live in Kingsland-road. On the 7th of April, between one and three o'clock, I received information that I had lost a gown—I sent my servant out, and afterwards heard that I should meet the person in the act of pawning it—I went to a pawn-broker's, and saw the prisoner and a gown, which I said was mine, but when I got it home I found it was not—I then received more information, and went to Old-street—I saw the prisoner there with my gown on her back—I said, "You have got my gown"—she said it was not—I said, would she go with me—she said "Yes, any where"—we went down a street, and then she refused to go unless I got a policeman—I sent, but could not get one—I persuaded her to go to my house, which she did, and when she
got there, she began kicking, biting, and resitting very much; but I got an officer, and she was secured—this is my gown.
Prisoner's Defence. I was coming along Shoreditch, and two women were offering the gown to sell—they asked half-a-crown for it—I said I had but 1s. 6d., but if they would go to a pawnbroker's, I would pawn my own gown and have it—the prosecutor came while I was there, and took my gown, which he said was his, but it was not—he then came and took me with this gown on.
NOT GUILTY .
HENRY SHRIVES . I am an itinerant bookseller, and live in Mitre-court, St. John-street. On the 28th of March, I was returning home from Poplar—I was in Ropemaker-street, at eleven o'clock at night—I was perfectly sober—the prisoner came running up, and asked me to treat, her—I told her I could not—she tore open my coat, and took my bag out of my waistcoat pocket, containing two half-crowns and five pence in copper—I walked on, and met the policeman—I told him I was robbed—he asked if I should know the girl—I said, "Yes," and the prisoner was taken in less than five minutes—I swear positively she is the woman that robbed me, and she ran away directly—I picked her out from among seven others—I have not got my money again.
Cross-examined by MR. PAYNE. Q. Was this near a light? A. Yes; just under a lamp—I did not run after her, I was too tired—I had felt my money safe about five minutes before—I only saw her for a moment, but I swear to her—I had a full view of her face—I know her voice and her countenance well—my money had been in a brown bag.
Cross-examined. Q. Where did he first come up to you? A. At the corner of Finsbury-street—he said he had been robbed by a fresh-coloured girl—I took the prisoner about twenty yards from that place.
Prisoner. I never had a fresh colour—I never saw this man till he took me—it is not likely I should have robbed him, and come back immediately. Witness. She looks fresh-coloured by candle-light—she did look fresh-coloured—she had been drinking.
HENRY SHRIVES re-examined. She ran after me, and come in front of me and tore my coat open—I do not know whether she was sober—I had no conversation with her—I only told her I could not afford to treat her.
NOT GUILTY .
EDWARD SEAR . I am a potman. I lodge at the prisoner's mother's, in Grafton-street, New-road—I occupy the same room with the prisoner, and have known him since we were children together—I missed these articles on the 12th of March—I afterwards found them at a pawnbroker's in the New-road—I did not see the prisoner again till the Sunday—I then asked him why he did it—he said he was in liquor.
Prisoner. We have always been brought up together—I came home in liquor, and by mistake I pawned these things, thinking they were mine—I have pawned his goods before.
NOT GUILTY .
WILLIAM HODSON . I am servant to Elizabeth Goodhugh—she keeps an eating-house, in Oxford-street. On the 7th of April, the prisoner came there—I do not recollect that I had seen her above once before—she had something to eat, and left about a quarter of an hour or twenty minutes past twelve o'clock—we did not miss any thing then, but a few minutes before one o'clock, as we were going up-stairs to bed, a policeman came, and asked if we missed any thing—we then missed the table-cloth.
Cross-examined by MR. PHILLIPS. Q. Are you sure that the prisoner had been at your house? A. Yes; there were not a great many persons supped there that night—I saw the cloth safe at a quarter before twelve o'clock—I do not think there was any other female in the house for an hour—my mistress is a widow.
HENRY CAMPOON . I am a police-officer. A little before one o'clock I was in Guildford-street—I heard a cry of "Police" from a female—I ran in the direction of the voice, and met a gentleman running—I stopped him—the prisoner came up and stopped him—she said, "I will give him in charge, he has knocked me down"—I said, "What for?"—she said that he went into Pump-yard with her, and gave her a shilling, and he knocked her down—I said, "I did not see the assault, and I shall not take him; go about your business"—she still stood there—I took hold of her arm, and again said, "Go away"—I then saw she had this table-cloth; and as I had heard from a waiter at eleven o'clock that he had lost one, and seeing mustard on this, I thought it might be the one—I took her to the prosecutor's, and asked if they had lost a table-cloth—they said, "No"—I showed it them, and they said it was theirs.
Cross-examined. Q. Though the prisoner accused the man of assaulting her, you let him go? A. Yes; he admitted that he knocked her down, because she wanted to extort another shilling from him.
(Frederick Brellard, a cabinet-maker, No. 19, Ryder's-court; and Willliam Hart, an ostler, gave the prisoner a good character.)
GUILTY. Aged 29.—Recommended to mercy by the Prosecutrix.— Confined Fourteen Days.
OLD COURT, Saturday, April 11, 1835.
Fourth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 18.— Judgment Respited.
1039. GEORGE MILLETT was indicted for stealing, on the 2nd of March, 1 handkerchief, value 3s.; the goods of Acheson Thompson Henderson, from his person; and that he had been before convicted of felony.
ACHESON THOMPSON HENDERSON . I am a member of Lincoln's-inn. On Sunday, the 22nd of March, between five and six o'clock in the evening, I was in Broad-street, Bloomsbury, walking with a friend, who asked me if I had lost my handkerchief—I put my hand to my pocket and found I had—he said the boy who took it had gone into a gin-shop—I ran in, and saw a boy run out at the other door—I ran out after him, and found the prisoner was stopped by another gentleman who was also walking with me—the keeper of the gin-shop came out with the handkerchief in his hand—the prisoner attempted to escape, and got out of his coat and waistcoat, leaving them in my friend's hand—I followed, and secured him.
Cross-examined by MR. DOANE. Q. You are sure this was the boy you laid hold of? A. Yes; I cannot be certain he was the boy who came out of the public-house—there were many persons—I did not observe any boys but the prisoner.
JOHN GRAVES THOMPSON . I was in company with Mr. Henderson—the boy came close behind him—I turned round, and saw the handkerchief in his hand—I asked the prosecutor if he had lost one—the said he had—the boy ran into the gin-shop—I followed, and never lost sight of him till he was secured, except just at he turned in at the door—I am quite sure he is the boy.
THOMAS CODGBROOK . I keep the Brown Bear in Broad-street. About ten minutes after five o'clock tke prisoner came running in at my door, as if he was playing at hiding—I told him to go away—two gentlemen came is—I went from behind the bar, aad picked up the handkerchief behind the door, where he bad been.
Cross-examined. Q. Were there other boys playing at hiding? A. No other boy came in but him.
JOHN RAFFRAY . I am a policeman. I produce a certificate from the Clerk of the Peace, at Clerkenwell, of the prisoner's former conviction—(read)—I was a witness against him, and know him to be the boy.
GUILTY . Aged 12.— Transported for Seven Years.
1040. SARAH VENABLES was indicted for stealing, on the 27th of March, 2 counterpanes, value 2l.; and 2 sheets, value 5s.; the goods of Daniel Chatterton; and that she had been before convicted of felony.
MARIAN RAWLINS . I am the wife of Henry Rawline, a carpenter, and live in Tollington-street, Clerkenwell. The prisoner was my servant of all-work for five weeks—I missed various articles from my drawers in the bed-room—I am matron of the House of Correction.
JAMES O'BRIEN . I am an officer. I have two sheets, a gown, night-gown, and several articles—I was sent for, on the 27th of March, by the prosecutrix—I found these things on the floor of Mrs. Rawling's room—the prisoner acknowledged to me pawning the other articles, which the pawnbroker produced, and said she had destroyed the duplicate.
SUSAN CHATTERTON . I am the wife of Daniel Chatterton. On the 27th of March, I met the prisoner in the passage with a box and a large bundle—I asked her whese property it was—the said it was her mistress's, and she was going to take them to her mistress—her mistress was not at
home—I sent for her and detained the prisoner—she went down on her knees, and begged me to forgive her—I questioned her about some bundles—the counterpane produced is mine—the pawnbroker who has the other things of mine is not here—they were taken out of my box in my room.
GUILTY . Aged 18.— Transported for Fourteen Years.
There was another indictment against the prisoner.
Before Mr. Baron Gurney.
MR. PAYNE conducted the Prosecution.
JOSEPH HEALEY . I am clerk to Messrs. Graham, of Holborn, furnishing-warehousemen. They deal with Mr. Cash—the prisoner was Mr. Cash's clerk—I have paid him money in that character—on the 1st of January, I paid him 5l. 12s. on account of my masters, for money due to Mr. Cash—it was the settlement of an account of 5l. 15s.—he allowed 3s. discount—one item amounted to 1l. 9s.
Cross-examined by MR. ADOLPHUS. Q. Had the other two items stood over longer than the 1l. 9s.? A. Yes; the 1l. 9s. was not absolutely due at that time—I paid him three separate accounts in one sum.
MR. PAYNE. Q. Have you his receipt for it? A. Yes; it is in my book, signed by the prisoner.
WILLIAM CASH . The prisoner was my clerk—it was his duty to collect and receive money on my account—in December some goods were sold to Messrs. Graham—an entry was made in the ledger of the sale, in the prisoner's handwriting—I have it here—they amount altogether to 5l. 15s.—credit is given for two parcels out of three—the entries are 1l. 10s., 2l. 16s., and 1l. 9s.; these entries are in the prisoner's handwriting—on the 1st of January he has entered, "Received 4l. 4s., 2s. discount"—that is the whole of the entry of money as received on the 1st of January—on the 22nd of December, there is a debit of 1l. 9s. in the prisoner's writing—there is no corresponding entry on the credit side of the account—there appears by the account 1l., 9s. still owing—the two first items are ruled off, which denotes that it is settled so far—it was his duty to make entries in the rough cash-book—on the 1st or 2nd of February, I had occasion to leave town, and the following day I inquired for the cash-book, about half-past eleven o'clock in the morning—it was not to be found—I asked the prisoner for it—he said he supposed it was in the counting-house—I said I wanted to see it—he came back to me, and said he could not find it—it has never been found—it was his duty to take care of it—he had the custody of it—that is the book in which he should make the entry on the day he received the money—he then went to receive a cheque in St. Paul's Church-yard, and did not return at all afterwards, I believe—certainly not that day—he did not embezzle that cheque—I have our collecting book here—there is an entry in his handwriting referring to the 1l. 9s.; it is a memorandum to receive on the first Thursday of Graham & Co. 1l. 9s.—there are no dates in the book—this would apply to the first Thursday in February—I mean the time for it to be received—the entry was made in January.
Cross-examined. Q. Why do you say it was made in January? A. Because these accounts are got out to be received the latter end of January—it is a memorandum made by him of sums to be received—the rough cash-book was kept in the iron safe which was open almost all day—any
body might go to it—the prisoner had had a month's notice to leave, a fortnight of that time had elapsed—I had no reason to suppose he would not return when he went to receive the cheque—I had told him if he could meet with another situation, I would liberate him at any hour—the cheque he went to collect was not brought to me in due course, for I stopped the payment—it was sent to me next day—I am not aware of any other book being missing—I missed another book about a fortnight after that, which has been found since—the book extends from the beginning of last year to the day that the prisoner left me—he was the last who wrote in it—any body who received money wrote in it.
Q. Was there another person who received money, about whom you had some investigation? A. Certainly; I believe part of that account is contained in that book—that person's accounts were investigated by an accountant—this book was in use during that investigation—that affair is so far settled that I have not proceeded in it, but I can at any time—the 1l. 9s. was not due—the entry in the ledger is brought from the day-book and rough cash-book—I took the prisoner before the Alderman within a week of this circumstance—he was allowed to go, on his promise to attend—I made no objection to it—he returned on the day appointed, and was allowed to go again on a similar promise and attended again—the third time the case was opened before the Magistrate—he appeared twice without any recognizance—he came immediately after he went from the Magistrate to the warehouse, and looked where he thought proper for the book—his house was searched—his wife gave every facility to the search, and broke open a box.
MR. PAYNE. Q. How long after he left you was the box broken open to look for the book? A. Two or three weeks afterwards—the entry must have been made after the 1st of January, or it would have comprehended the full amount—it was stated before the Magistrate that we hoped the cash-book would be forthcoming.
JURY. Q. Do you know whether he received many different sums on the 1st of January? A. I do not positively know—I think not—it is not a day he had much to receive—it was Thursday—he might have received other sums that day.
RICHARD MAYNARD . I am a warehouseman in the prosecutor's service. The prisoner left on the 3rd of February, about twelve o'clock—on the Monday before, which was the day before he left, I saw him writing in the rough cash-book, at seven o'clock in the evening.
Cross-examined. Q. Was the rough cash-book, then, left in its usual place? A. It was in the counting-house when I saw him writing in it—other people write in that book—it was open to any body to write in who receives money—he went away on the Tuesday—I saw him go out—the regular time of leaving business is eight o'clock—I have not seen the book since that night.
EDWARD JONES . I am porter to Mr. Cash. It was my business to lock the books up at night sometimes, and put them into the iron safe, and give toe key to Mr. Green—I remember doing so the night before the prisoner went away, near upon eight o'clock—I gave the key to Mr. Green before he went away that night.
Cross-examined. Q. Did you see the cash-book locked up that night? A. I did not know the cash-book from the others—I locked up all I had—the prisoner used always to take the key home with him—it was open all day.
MR. CASH re-examined. It was the prisoner's duty always to lock up the books himself, and take the key away—the key was in his care.
Prisoner's Defence. I believe it is the result of an error in posting the accounts in the ledger, and not taking in all the items composing it—one entry I might easily have overlooked, as the sum was not due at the time paid—that such an error was most likely to have occurred, can be proved by a gentleman who has overlooked Mr. Cash's books—Mr. Cash had security from me, and will not sustain any loss—there is more than that due to me as salary—I solemnly declare I do not know where the cash-book is.
RICHARD MAYNARD re-examined. The prisoner has left the key on some occasions for me, but he did not leave it with me on the night in questions—he used to leave it in a place where I could find it, and tell me he had done so—he did not tell me so that night.
(Several witnesses deposed to the prisoner's good character.)
NOT GUILTY .
Before Mr. Justice Gaselee.
1042. ANDREW WATERS was indicted for that he, on the 24th of March, at St. Andrew, Holborn, feloniously did forge a certain request for the delivering of 2 gallons of brandy; 2 gallons of rum; and 2 gallons of gin; with intent to defraud Henry Bradshaw Fearon.—2nd. COUNT. For uttering a like forged request, well knowing it to be forged, with a like intent.
WILLIAM PERRITT . I am clerk to Henry Bradshaw Fearon, wine-merchant, Holborn-hill. On the 24th of March a porter came to the house with this note, signed "D. Hill"—I received it—(reads)—"Union Pottery, Vauxhall. Please to send by bearer, 2 gallons best brandy; ditto, rum; ditto, gin; packed for the country; do not keep the man long for the permit, for the cart is waiting for it in the City. Yours, D. Hill. Please to put them in one hamper." We have a customer named David Hill, who lives at Union Pottery, Vauxhall—I believed it to be his hand-writing at the time, and delivered the goods—I saw the prisoner on Thursday, the 26th of March, in consequence of receiving a second order, which was brought by another porter about three o'clock in the afternoon—I then went out into Holborn, and saw the porter who brought the second order—he pointed out the prisoner to me as the man who gave it to him—he was standing nearly opposite the entrance to our house—I am quite sure it was the prisoner—I asked him who gave him the note—he said Mr. Hill's foreman—I then said it was very strange Mr. Hill should send an order by a strange porter, when his own cart was at our door delivering goods (which was the case)—he then contradicted it, and said a strange man had given it to him, a tall man at the gate, who he did not know—I took him over to Mr. Hill's in about half an hour, as he wished me to go with him—he told me he was employed at another pottery, two or three doors from Mr. Hill, and asked leave to go in to his employer—he got out of the cab, and went in to his employer's—I followed him—he went in to the upper part of the premises and I took him—I found he was employed there—I saw him in custody at Guildhall on the next day—I told him we had received an order in the same writing two days before, and delivered the goods—he said he knew nothing of any but the one he had delivered, and expressed his surprise at our having had one before—he said he knew nothing of the first order.
Prisoner. Q. Did I not come into your office to solicit orders for Mr. Bloodsworth's pottery? A. Yes; he came in and solicited order for
some stone bottles—that was on Thursday—I said we did not want any, and he left—that was about ten minutes before I received the order—I am quite sure he is the person who wag pointed out to me in the street—we delivered the first goods to the porter who brought the order.
DAVID HILL . I live at Union Pottery, Vauxhall. I am a customer of Mr. Fearon—this order is not my writing, it is an imitation of it; it was not written by my authority—I did not receive the goods—the prisoner is town traveller for Mr. Bloodworth, a stone potter, a short distance from me—I gave him no authority to apply for any spirits.
GEORGE HIGGINS . I am a porter, and live in Green-court, Coleman-street. I received a letter from the prisoner on Tuesday, the 24th of March, in Farringdon-street, where I was standing as porter—I was to take it to Mr. Fearon's—Henry, one to Mr. Fearon's servants, sent me into the counting-house, and gave me the letter back—I took it and gave it to Perritt, and received a hamper—I did not see what it contained—when the prisoner gave me the letter, he told me to take it to Thompson and Fearon, and wait for a hamper; to take it to Farringdon-street, and wait for him—I put it on my knot, and as I was going down the hill, he overtook me, and said, "They have not been long filling it—I shall not trouble you to take it to the General Post Office," (where he had said I was to take it)—he said, "I will take a cab and go there quick, because the cart is waiting"—he went to the first cab on the stand, and took the hamper from me—he went up Skinner-street, with the cab, and I saw no more of him—he went away without the bill, which was given to me with it.
MICHAEL WHITE . I am a policeman of the Lambeth division. On Thursday, the 26th of March, about half-past six in the evening, I saw the prisoner running, and two more after him, in the Lambeth-road, about half a mile from Vauxhall—they called out to me to stop him, which I did.
Prisoner. Q. Did I go further when I saw you? A. I stopped him—he was running, and I came up against him—he walked quietly after I took him—he asked me to go back to Mr. Hill's—I said he must go to the station-house—the two young men charged him with forgery.
Prisoner's Defence. On the 24th, J was not out of Vauxhall from ten o'clock in the morning, till four o'clock in the afternoon, which Mr. Bloodworth, my employer, will prove—I was posting and making up my books—I kept the Horns stables, at Kennington, a few months ago, and lost some thousands of pounds—when I got from my employer's house, it was not with the intent to run away—I went into every house I could think of, to find the person who gave me the order—he said Mr. Carruthers sent his compliments to me—it could be proved, if witnesses were here, that the man came up to me, and asked me to leave the note at Mr. Fearon's—I went into the City—after I had done business, Harrison wanted me to go to Hoxton with him, which I declined, because I had to go to Fearon's; and thinking Fearon was a customer of Hill's, I thought I would go and solicit orders for Mr. Bloodworth.
WILLIAM PERRITT re-examined. I know the porter who brought the note on the 24th—I had not seen him before—he staid in the counting-house all the time the goods were packed up—Higgins is a regular porter.
GUILTY . Aged 24.
1043. ANDREW WATERS was again indicted , for that he, on the 26th of March, feloniously did forge a request for the delivery of two dozen bottles of port-wine, and two dozen bottles of sherry-wine, with intent to defraud Henry Bradshaw Fearon.—2nd COUNT, for uttering the same, well knowing it to be forged.
WILLIAM PERRITT . I am clerk to Mr. Fearon. On the 26th of March, a porter brought me this letter—I went out with him into Holborn at one door—the porter left by another—I saw the porter talking to the prisoner—he pointed him out to me, as the man who gave him the note—I asked the prisoner who gave him the note—he said, Mr. Hill's foreman at first—I said, "It is very strange he should send an order by a strange porter, when his own cart is here"—he then said, "It is a tall man that has just given it to me—I do not know his name"—(order read)—"Please to send by bearer, two dozen of port, and two ditto of sherry—Yours, &c. D. Hill."—I had sent the spirits on the Tuesday—I asked him to walk into the counting-house, and called Hill's man forwards, who said the prisoner was employed within a few doors of his master's—he wrote me down his name, "J. Watkins"—I took him to Vauxhall in a cab—he said, "I will go in and ask master to go with you to Mr. Hill's"—he then went into his mater's—we went and searched his master's premises, but could not find him—we found wet foot-marks on the window—he had escaped over the houses.
DENNIS HARRAGAN . I am a porter. On the 26th of March, I received a letter from the prisoner, to take to Mr. Fearon, about three o'clock—he said he would wait in Farringdon-street, till I came back with the goods—I delivered the letter to Perritt, who walked out—I went out and met the prisoner standing outside the door—I said, "There is the man that gave me the note"—when he engaged me, he told me to take the goods to the Post-office.
Prisoner's Defence. I was going into the City with my fellow-trayeller, Mr. Harrison, and as I passed Mr. Hill's pottery, I was accosted by person who said, "Mr. Carruthers sent his compliments, and would thank me to leave a note at Mr. Fearon's, for Hill, and get a porter to carry the articles;" which I did—the clerk told me the order was forged—I did not know the person who gave it to me, and when I got to Vauxhall I was running to a public-house to see if I could find the man—I met a person who was waiting for me—I said I should go to Hill's—he said, "They will take you, if you do; you had better come with me and wait;" and when I got on the road, he gave me in charge—Harrison knows the man who gave me the note—I have seen the same man drinking with Hill's. men.
GUILTY . Aged 24.— Transported for Life.
Before Mr. Justice Gaselee.
JOSEPH AKERS . I live in Little Guildford-street, Borough. On the 4th of April, I took a shirt and apron, and several tools, to the Coach and Horses, Bolton-street—I left them in the kitchen on Sunday, the 5th.
GEORGE TIMBERLAKE . I live in Clark's-buildings. I was in the parlour of the Coach and Horses, on Monday, the 6th of April, about one o'clock in the day—I saw the prisoner go out of the tap-room towards the
yard—he returned in a minute or two—he seemed rather bulky—he went out—I followed him, and in King-street, Drury-lane, I saw the shirt drop behind him—I picked it up, and followed him into Cross-street, where he dropped the apron—I took that up, and followed him into Parker-street, where the policeman took him.
(Property produced and sworn to.)
Prisoner's Defence. We were all tipsy—the lodgers were leaving the house, for the landlord had put in a broker—I went to clear out part of the goods with them, and they gave us some drink—I could not tell what time I left the house—I saw nothing of the articles that I recollect.
(Michael Finn, tailor, Strand; James McCarthy, tailor, Orton-street, Clare-market; and John Denny, tailor, Strand; gave the prisoner a good character.)
GUILTY. Aged 22.—Recommended to mercy.— Confined Three Weeks and Whipped.
Before Mr. Baron Gurney.
WILLIAM PARR . The prisoner was in my service formerly, and left about ten days ago—after that I employed her as a char-woman—on the 8th of April, I missed a sovereign and shilling, which were locked up in a drawer in our bed-room—the room was locked, and she had the key to make the bed—I missed it abou thalf an hour after she had been in the room—the drawer remained locked—it must have been opened—I called her up stairs and questioned her—she denied it—a policeman was sent for, who searched her, and found on her, enclosed in a small parcel of tea, the sovereign and one shilling.
CHARLES BURGESS GOFF . I am a policeman. I was sent for by Mr. Parr—I asked the prisoner if she knew any thing about the sovereign and shilling—she said she did not—I then told her I must search her, and asked if she had any thing about her—she said no—I felt the front of her gown, and under her left arm I found something hard—she said it was only a bit of tea—I put my hand under her arm, and took out a small parcel of tea with the sovereign and shilling—it was under her gown—I asked her where she got it—she said she found the sovereign on the table and the shilling on the drawers.
Prisoner's Defence. I went to work—master came down stairs shortly after—the fire was out—he caught me round the neck and said, "Mary, here is something for you," and he put this money into my bosom—I said, "I do not want it"—he said, "Never mind, Mary, when you go home to-night, I shall follow you"—mistress went and fetched a policemen when it was missed, but he did not wish to have it known—my mistress would not let it drop—she said I took it out of her drawer—I had no keys or any thing about me, but threepence—he only did it because I would not comply with his wishes—he several times offered me money, and gave me money.
(—Cheek, of Gravel-lane, and Catherine Lee, gave the prisoner a good character.)
GUILTY . Aged 17.— Transported for Seven Years.
Before Mr. Justice Williams.
THOMAS EDWARDS . I am a tailor, and live in St. John's-street, Bethnal-green, with my father. The prisoner has been a lodger of my father's for the last ten weeks, and slept in the same bed with me—on Thursday, the 2nd of April, I got up at seven o'clock—the prisoner had got up at six o'clock—I could not find my great-coat which had hung over a chair in the bed-room—the prisoner was gone—I saw him the same night—Hayden, my father-in-law, brought him back at eleven o'clock at night—I had informed him of my loss that morning, as soon as I got up—the prisoner was carrying the great-coat—I informed him of what was in the pockets—he said there was nothing whatever in them, and called God to witness it—I told him I would freely forgive him, if he would acknow ledge to what was in the pockets—he said there was nothing in them, and I gave him in charge—there was a pair of black gloves, a yard of black, linen, and a black-lead pencil, in the pockets when I lost it, but they were gone.
THOMAS HAYDEN . I am a butcher. My son-in-law and the prisoner lodged at my house—Edwards gave me information of his loss as soon as he got up on Thursday morning; and about three o'clock in the afternoon I got information, and went after the prisoner—he usually came home about eleven o'clock at night—he had left his situation the day before, is consequence of which I allowed him to sleep at my house that night—I found him at Collyer-row, Romford, at his mother's—when I went in the said, "Halloo, what do you want to say to me?"—I said, "You ought to be ashamed of yourself to bring me down here"—he said, "What for!" I said, "You have got Thomas's coat on your back"—he said it was not his coat—I looked at it and said, "It is, and you must go to town with me"—he pulled the coat off, chucked it on the floor, and said it was at my peril to take it—his mother persuaded him to come to town with me, to clear it up—he put the coat on his arm, and came along with me quietly—when I came home, I sent for his old master—I called a policeman in, and gave him in charge that night—I did not know where he lived till I went to his old master.
BARNARD ROURK . I am a policeman. I was called upon on Thursday night by Hayden—I found the prisoner at the prosecutor's house—the great-coat was on the bed—I asked the prisoner to see what was in the pockets of the coat—he said, "There is nothing but a piece of black cloth"—the prosecutor gave him into custody—as I took him to the station-house he said he knew he had done wrong, and was very sorry for it.
(Property produced and sworn to.)
(John Cole, Brick-lane, Bethnal-green; William Crockford, Walthamstow' and Henry Tunstall, the prisoner's brother," deposed to his good character.)
GUILTY. Aged 23.—Recommended to mercy,— Confined Two Months.
NEW COURT.—Saturday, April 11, 1835.
Fifth Jury, before Mr. Recorder.
GUILTY .— Transported for Seven Years.
MR. PHILLIPS conducted the Prosecution.
GEORGE ELLIS . I am a bookbinder, and live in Ivy-lane. I missed some milled boards, about two o'clock on the 27th of March—I detected Wood as the thief, and he pointed out the prisoner's shop—I went with an officer to his premises in Bear-street, Covent-garden—the prisoner came out of the back room—the officer said he had a warrant to search his premises for stolen property—he said, "You have, have you? what may it be?"—he then asked if he had lately bought any milled boards—he said he had the day before, and had sold them again the same morning—Kentish asked him if he had sold them with the Government wrapper on them—he said no, he had no Government wrapper on them—Kentish then inquired who he sold them to—he hesitated some time, and said they were not far off, they were in the neighbourhood—Kentish looked behind the counter, and found a piece of the wrapper which had been on the boards—he showed it to him—I said, "This is what I want, find as much of this as you can"—he searched further, and found part of the duty stamp which corresponded with the part he had found—I then asked the prisoner what he had given for them—he said, "I suppose you know I gave 15s.—that is 2 1/2 d. per pound"—I told him he was aware they could not be got honestly for that—they would cost me 5 1/2 d.—they had not been used—they were just as I received them from the stationer's shop the day before—they had not been in my house half an hoar before they were stolen—the prisoner said he thought it was a fair price, and admitted he had sold them to Mr. Roe, a few doors lower down—I went with the officer to Mr. Roe's—I then went back with Mr. Roe and the officer to the prisoner's—Mr. Roe said to him, "This is a bad job, Denny, for if I had paid you for them I should have been in a nice mess"—the prisoner said, "These are the boards I purchased yesterday; at they are your property, you are welcome to take them away "—I said I must take him, I was very sorry, but I was compelled to do it—we took him to Bow-street, and Wood was there—the moment the prisoner saw him he said, "God bless me, that's the man I bought them off"—the Magistrate then referred the case to Guildhall.
Crass-examined by MR. CLARKSON. Q. Did you take Murray into custody? A. No—he said before the magistrate that the man tore the wrapper off himself.
ELIZABETH HOGDEN . I was in the service of Mr. Ellis on the 27th of March. I saw Wood that day about two o'clock with a knot on his head—I went up-stairs to my employ, and saw these milled boards on the stairs.
CHARLES ROE . I am a bookbinder. I bought these boards of Denny—I agreed to giveliim 23s., which is 4d. per pound all but a fraction—I said I would pay him for them next week—he brought them to me five minutes afterwards, and put them in ray shop, and there they remained with a wrapper on them like the one which is on them now, but it had no Excise mark upon it.
Cross-examined. Q. Have you known the prisoner some time? A. Yes; he has lived five or six years in the neighbourhood—he has been an
honest, fair-dealing man—articles of this kind are frequently sold at sales—I know Valentine by sight—have seen him at sales—I never was at Booth's sale rooms, in King-street.
COURT. Q. Were not these new? A. They appear not to have been used—they have been battered about at the corners—they are not more injured than would have been occasioned by their own weight in moving—it is customary to take the wrappers off when the boards are wanted for use—if I had wanted a single board out, I should have destroyed the wrapper, and put it amongst the waste paper—a large number might be collected without wrappers in any shop—there are no particular number of boards in each bundle, they are sold by weight; but if sold retail, they would very likely be sold without wrappers, and the number might accumulate far beyond the quantity which are sold in a wrapper—if I bought any number of them in a stationers shop, I should hare nothing but a piece of string round them—if a man brought a bundle into a shop with the wrapper round them, it would not excite my surprise for him to tear it off, as it might be done to show what sort of boards they were.
JOHN EDWARD COOMBS . I am clerk to Smith and Sons. These boards came from their premises in a bundle of six dozen—there was a wrapper over them with the Excise mark and the date—these are good boards—the fair price would be 5d. per pound.
Prisoner's Defence. I bought them under the idea that they were bought publicly at a sale-room, as I knew of Wood's being in the service of Mr. Valentine, and he had a catalogue to remove some small stationery.
EDWARD MURRAY . I am servant to Mr. Denny. I saw Wood come to my master's on Friday, and he bought some milled-boards—there was a string round them, and I gave him a knife to cut it—he tore the wrapper off, and threw it down on the floor—my master was not at home at the time—Wood told me to put the scales up and weigh them—they weighed seventy. two pounds—my master then came in, and said to Wood, "Halloo, what have you got here?"—he said, "Some boards that I purchased at a sale"—my master looked at them, and asked the price—he said, "I think 15s. will not hurt you"—my master said that was 2 1/2 d. a pound—he said, "Very well," and paid him—we collect the bits of paper about the shop every day, and save them.
MR. PHILLIPS. Q. Had you agreed about the price before your master came in? A. No—I said I had no money—he said, "I want 15s. for them"—I do not buy any thing in master's absence—my master appeared to know Wood by sight.
JACOB VALENTINE . I live in Wych-street. Wood has been occasionally in my employ—I deal in curiosities—most of my business is at sales—I buy largely, and sell wholesale again—I have bought mill-boards very largely—it is but two or three months since I bought some, which I sold to Denny at less than he gave for these—some years back, in St. John-street, I bought seven tons, which did not stand me in more than 8s. or 9s. a hundred weight—they hardly ever fetch the market price—Mr. Ellis says he gave 5d. a pound for these, which I think must have been a long credit—Wood had been at work for me all the week when these boards were sold—my son had been to a sale at Southgate's in Fleet-street—he gave Wood the catalogue to go and fetch the lots home—there are twenty-seven hndred weight of these boards there now.
COURT. Q. Are these things sold in wrappers? A. Yes, when they
come from Scotland they are mostly sold in wrappers, except when there is a stock, and then they are all huddled together—it is seldom that they are hawked about, except in jobs—when a bookbinder in a small way cannot afford to buy a hundred weight, he will go and buy three or four pounds—I never knew them to be offered about at shops—Wood had frequently taken goods for me to Denny, but he was never authorized to receive any money.
NOT GUILTY .
ELIZABETH ROGERS . I am the wife of William Rogers, of Phipp-street. The prisoner came to lodge with me on the 30th of October—he left on the 20th of January—he had the first-floor back room—these articles were in the room—after he had left me two days I opened the room, which he had left locked, and missed the counterpane, bolster, and blankets.
GABRIEL BURROUGHS . I am shopman to Messrs. Smith, of Shoreditch. They are pawnbrokers. I took in this blanket of the prisoner, on the 15th of November, and I saw him pawn this quilt on the 30th of December, and this bolster on the 12th of December.
(Property produced and sworn to.)
HENRY RACKHAM (police-constable N 104.) I received information that the prisoner had robbed his lodgings—I went to a house in Hackney-road, where a shoemaker lived, and found the prisoner—he denied himself to be the person—I took him into custody—he then said he lodged there, and had robbed the lodging.
(The prisoner pleaded poverty. William Copplestone, of Brook-street, Clapton; Robert Taylor, of Nelson-street, Hackney-road; and Mary Summerford, gave him a good character.)
GUILTY. Aged 21.—Recommended to mercy.— Confined Six Weeks.
1050. ELIZA CLAYTON was indicted for stealing, on the 20th of March, 3 blankets, value 20s.; 2 shirts, value 4s.; two pillows, value 6s.; 2 pillow-cases, value 2s.; 1 bolster, value 8s.; 1 looking-glass, value 8s.; and 1 quilt, value 2s.; the goods of William Sweitzer.
ELIZABETH SWEITZER . I am the wife of William Sweitzer, of Upper Rosoman-street—he is a tailor. The prisoner came to lodge with me on the 23rd of February—a man was with her, whom she represented as her husband—she said her name was Emery—on the 20th of March I missed a looking-glass—it had hung on the wall, and a teaboard had been hung in its place—I went to the pawnbroker's, and found she had pawned the glass and other things—she began to take them the day after she came to my lodging—the value of them altogether is 2l. 10s.—they had been let to her with the lodging.
JOHN DAVIS . I am shopman to a pawnbroker, In Exmouth-street. I have two blankets, a sheet, a pillow, and several other articles—I took in eight of them, on different dates, from the prisoner—there are ten in all.
(Property produced and sworn to.)
(The prisoner put in a written defence, stating that one Emery had persuaded her to pledge the articles to enable him to get his own tools out of pledge.)
GUILTY . Aged 32.— Transported for Seven Years.
WILLIAM PLUMB (police-constable S 6.) On Sunday night, the 29th of March, I was on duty near Durham-street, in the Strand—I saw the prisoner carrying this scale-beam on his shoulder—I asked where he brought it from—he said from the wharf, and he was going to take it to M'Fell's, in North-alley—he took me to North-alley, and Mr. Lloyd told me he had got it out of a barge.
Cross-examined by MR. PHILLIPS. Q. Did you see this beam in the Reform barge? A. No—this is marked as belonging to the trustees—they had two hundred and twenty of them—this is No. 80—I do not know that there are other scale-beams marked in the same way.
EDWARD LLOYD . I am a lighterman. I know this beam belongs to the coal-meter's committee—I saw it in the Reform barge on the 29th, at half-past six o'clock—it was then at the Adelphi-wharf—I know the prisoner, but I did not allow him to take it, nor employ him to carry it.
Cross-examined. Q. Had you been employed to carry this? A. I brought it from the ship, and put it into the barge—the prisoner said at my place that James M'Fell desired him to bring it to my place, but I denied all knowledge of it.
Prisoner's Defence. I met a man, dressed as a lighterman, who said he would give me part of a pot of ale to carry this to the corner of Bedford-street—he told me to wait while he got a cab—the policeman came up, and asked what I had got—I told him a beam I was going to take to Jemmy M'Fell, and took him to Lloyd's, as I heard the man mention his name.
NOT GUILTY .
Second Jury, before Mr. Common Sergeant.
MR. DOANE conducted the Prosecution.
JOSEPH CASPER . I am the son of Nathan Casper, a watch-maker, in Bury-street, St. Mary-axe. I have known the prisoner nearly three months—on the 18th of March I went to his house by appointment—I took one gold watch, worth 13l., and six silver ones, which I gave him to, as he said he could take me to a place where it was likely I could dispose of them—we went to several places, and ultimately got to a pawnbroker's in South Audley-street—I stayed outside while he went in with the watches—I gave them to him, because he said he could sell some—when he came ont, I said, "Have you done any business?"—he said, "Come to the public-house opposite, and I will speak to you"—when we got there, he said he could sell the gold watch and two silver ones if I could take fifty ounces of sterling silver; and he asked what price I could allow for it—I said, "5s. an ounce"—he said, "That is just the price the man wants, and he is very
particular—he will not buy the watches unless I shew him a bill and re-ceipt, as if I had paid for them"—I told him I could not give him any thing of that kind, as it was no way of business—he said, "It will not make any difference to you, you can come over the way witk me, and I will give you the silver and the money"—after some persuasion I gave him these two bills and receipts, but no money passed between us—he went over with the watches and these documents—he went into the shop, and I stood outside, as usual—after some time, I saw him run out, and before I could get to him he was gone—he never accounted to me for these witches—I was eight days searching for him.
Cross-examined by MR. CLARKSON. Q. Are you in the habit of sending your watches to pawn? A. No, Sir; there are pawnbrokers deal with us—I deal for my father, and supply several pawnbrokers with watches—we do not trouble ourselves to go after pawnbrokers—I have a stall at the Mart, in the City—in the early part of March, the prisoner stopped me in Bishopsgate-street, and asked me if I had any of the same kind of watches as he had seen on my stall at the Mart—I had not known him till he came to my stall—I was in the habit of carrying goods to sale-shops—these bills and receipts are my writing—I gave them at the prisoner's instance—we serve several bazaars in the country, and pawnbrokers' shops—I sold a watch to Mr. Chandler, of Crawford-street, Paddington, within the last three weeks—the man who sweeps the crossing in South Audley-street was sitting in the public-house, and heard the prisoner ask me to write these bills and receipts.
COURT. Q. You said, "I waited outside, as usual?" A. Yes, I had been to two or three shops previous—they might be customers of his—I gave him the watches at a certain price, and all he got over that, he was to have.
NOT GUILTY .
1053. SELINA FRANCIS was indicted for stealing, on the 21st of March, 2 shirts, value 4s.; 2 shifts, value 3s.; 2 napkins, value 1s. 6d.; 2 pairs of stockings, value 1s. 6d.; 2 petticoats, value 2s.; and 1 nightgown, value 1s.; the goods of Mary Butcher.
SARAH AIRS . I live in Tash-street. On the 21st of March, the prisoner came to me—I firmly believe it was her, but I could not swear to her—it was in the dark of the evening—she came four different times—the first time was about a quarter past five o'clock—she only came to the street door—I was in the mangling-room, a distance of thirty feet—I had not done the things: and when she came the fourth time, I had got but ten pieces done—she said I was to let her have what were done—the girl was like the prisoner—I cannot swear to her.
HENRY LONG . I am servant to a pawnbroker in Gray's-inn-lane. These articles were pawned by the prisoner, I believe, in the name of Butcher—to the best of my recollection, it was between two and three o'clock in the afternoon—the duplicate is dated the 21st of March—I do not recollect on what day it was.
NOT GUILTY .
WILLIAM LATHAN . I Jive in Dean-street, Soho. I am a dairy-man, and keep fowls—they run in the street in the day-time. On the 26th of March I missed one—they had been all right the morning before—this is my hen—I can swear to every feather almost.
Prisoner. A man asked me to buy the fowls—I took him to this wit-ness to sell them.
NOT GUILTY .
Prisoner. I met the same man again; he gave me 4d. for selling this.
GUILTY . † Aged 20.— Confined Three Months.
1056. ANDREW CARROLL was indicted for stealing, on the 1st of April, 1 1/2 lb. of worsted, value 6s.; and 6 bobbins of silk, value 7s.; the goods of Henry Woolcott, his master; and WILLIAM JOB was indicted for feloniously receiving the same, well knowing them to have been stolen, against the Statute.
HENRY WOOLCOTT . I live in Museum-street, Bloomsbury. The prisoner Carroll was in my employ for nearly four years—he was foreman, and had nearly the whole management of my business—I did not know Job till I saw him at the station—I have heard Carroll mention his name, and believe he knew him—I went to the station on the morning of the 1st of April, at half-past, seven o'clock, and saw this bobbin of silk, and four hanks of worsted, which are mine—the silk is worth 7s., and the worsted about 6s.—Job said it was not miner that he had bought the silk in St. Martin's-lane, and the worsted in Ropemaker-street—he was then in custody—I went home, and said to Carroll, "How do you account for what I have seen at the station-house?"—he said he had taken 1 1/2 lb. of worsted and 5 drams of silk, and sold it to a poor man who was hard up—he had au-thority to sell my silk and worsted—he books the account of what he sells, immediately, but he had not booked this, or any part of it, nor has he paid me any money for it—he ought to pay it to my wife, who is generally present—I asked him if he had entered this in the book—he said, "No."
Cross-examined by MR. MAHON. Q. Do you receive money of Carroll? A. No; my wife does—my book is here—I believe Job is a bell-pull manufacturer—I never saw him as a customer at my shop—I am out a great deal—I never left town for a month together—I had been away once for three weeks—I can swear to this worsted as being mine—I bought the
wool in its pure state, and had it dyed to these colours—it is part of two pads that I bought, of a description that I never saw before nor since—there may be worsted made of as wool, and the same brilliant dye—I had a character with Carroll—he was a good servant up to this time—he managed nearly all my business—I took stock four times a year—our stock was increasing—we were taking stock at the time I discovered this.
Q. Was it Carroll's habit to enter every little trifle at the moment? A. Yes; he ought to do it—if I saw him leave the book, I called him back to enter the articles—if the book had been made up in the evening, I should have been satisfied—these things were taken in the morning—he said be had sold these articles to a poor man, who would call and pay in a day or two, and he would not enter them till they were paid for.
COURT. Q. Whether that stuff be finer than your neighbour's, or better or worse, are there other circumstances which enable you to swear to this? A. Yes, there is a peculiarity about the wool and the colour.
MR. MAHON. Q. Did I not understand you, that silk and worsted of the same dye, and in every way as fine and good as this, may be had at other shops in London? A. Yes; but I never saw exactly the same description of wool as this—it is coarse Scotch wool—I had it on trial, from Haddon and Co.—they were the only two pads they had—I have never seen the same sort as this—the prisoner sells in my shop, but never outside—if he had sold any thing, he ought to have put it in the book.
MRS. WOOLCOTT. I am the wife of the prosecutor. Carroll always pays me the money he receives for goods—he never paid me for these—it would have been his duty to have done it—it U not his practice to sell outside the house.
Cross-examined. Q. Are you in the habit of attending the shop? A. Yes—when goods are sold on credit, Carroll did not pay me for them till they were paid for—I have seen Job at the shop, I think, six or seven times in the last twelve months—he came to purchase articles there—he is a bell-rope maker, I believe, and for that business he would require such articles as these—Carroll never took articles to supply his private friends, and paid for them out of his wages—I never knew it, nor did my husband ever speak to me about it—I am always in the shop—Carroll had the entire management of the retail business—we have a good many customers in a day, but he ought to enter every article as it is sold, if several customers are in the shop—I do not remember any article being sold by eight o'clock in the morning and not entered by three o'clock in the afternoon—I have said to him, "You have forgotten to enter such and such articles which have been sold"—Job sometimes bought half a pound or three quarters of a pound of worsted—I never saw him buy silk—we do not allow silk to be sold except to persons that work for us—no persons in our business have bought silk of us—I do not think I should let any fringe-manufacturer have any silk—when Job has come to our shop I have called Carroll to serve him—I think Job has not made any purchase that I have not seen—our business was increasing—I cannot say whether the stock was increasing—I never complained to my husband of the deficiency of any articles—I never had reason to suspect that I had lost any thing through Carroll.
GEORGE ATKINS (police-constable E 103) On the morning in question I was on duty in Museum-street, and saw Carroll come out of the prosecutor's shop; but before then, in going up Museum-street, I had seen the prisoner Job coming up Hart-street—as soon as he saw me, he turned
back again—I went two or three doors past Hart-street, and pretended to be looking in at a window—I saw Job run very nimbly across Museum-street into Castle-street—I then turned back to watch him—I had seen him frequently before, every morning when I was on duty there, for nearly a fortnight—I saw him turn round the corner of Duke-street—I stood there a few minutes, and my sergeant came—I told him I was watching Job—I then waited till I saw Carroll come out of Duke-street, and go to the prosecutor's shop—he staid in there ten minutes or a quarter of an hour—he then came out with each side of his bosom very full of something, and his hat so full that he could hardly keep it on his head—he had nothing exposed; it was all concealed—I passed close by him, he me the time of the morning, and said it was a fine morning, and I said the same—I went to the corner of Duke-street, and he went there too—I crossed the road and stood there, and presently I saw Job come peeping round the corner of Vine-street—I cast my eyes to the right, and saw Carroll beckon with his head, and Job went over to him—Carroll went on to his house, No. 23, Duke-street, and Job followed him in—I then watched till I saw Carroll come out with apparently nothing in his bosom, nor yet in his hat—I waited three or four minutes, and Job came out of the house with this bundle of blue worsted under his arm, this red worsted in his hat, and this bobbin of silk in his waistcoat pocket.
Cross-examined. Q. Did you know that Carroll was foreman to Mr. Woolcott? A. I knew he was servant there—I knew be lived at No. 23, Duke-street—I have never seen him come to Woolcott's door and deliver parcels to customers—I did not know where Job lived then—I never saw him in Mr. Woolcott's shop—I had never spoken to Job any more than bid him good morning—I did not follow Carroll into the house—I cannot swear that Job had nothing in his pocket when I saw him first this morning; he might have had this silk and worsted—I did not search him till I got him to the station-house.
Cross-examined. Q. Did you search Carroll's house? A. Yes; I found nothing there that was claimed by the prosecutor—what I found at Job's house were mere trifles.
Carroll's Defence. When Job had these things there was no felonious intent, they are to be bought at any shop in London.
Job's Defence. On the morning in question I went to ask for credit for a little worsted, to execute an order for a gentleman in Tottenham-court-road—I thought if I could see Carroll, I would ask him for half-a-crown instead of getting credit—I saw him come out—I went to him and said, "Do you think your master would trust me for a little worsted, as I am quite out of money?"—I asked him to let me go into his house, and he got me these things—I was not conscious but that his master knew it.
(Thomas Ryley, Bain bridge-street, St. Giles's; Owen M'Dermott, Salamanca-place, Lambeth; Barnard Riley, Rosemary-place; and Patrick Foley, St. Andrew's-hill, gave Carroll a good character: and George Liddiard, Pump-alley; William Salter, Payne-street, Islington; and James Hargood, of Golden-lane, gave Job a good character.)
CARROLL— GUILTY . Aged 27.
JOB— GUILTY . Aged 30.
Recommended to mercy by the Jury.— Transported for Seven Years.
1057. JAMES BRANNAN was indicted for stealing, on the 3rd of April, 1 canvass bag, value 1s.; 28lbs. of figs, value 12s.; 20lbs. of plumbs, value 10s.; 1 box, value 6d.; 4lbs. of acidulated drops, value 5s.; and 1 other box, value 1s. 6d.; the goods of John William Burrows. 2nd COUNT, stating them to belong to William Henry Fielding.
MR. ADOLPHUS conducted the Prosecution.
WILLIAM HENRY FIELDING . I am a porter in the employ of Thomas Burrows and Son, Houndsditch, but the concern belongs to John William Burrows. On the 3rd of April I took a bag of confectionary from their house—it contained the articles stated—I was to take it to the King's Arms, Holborn-bridge—as I went I saw the prisoner and another man—I had seen them before about town—the other was a carman—he had a town-cart and a load of cases—the prisoner said, "How do you do?" and asked where I was going—I said to Holborn-bridge—he said, "That is just right, we are going across Smithfield"—I then, at their request, put my load into their cart and walked behind—when we got to the Brown Bear, the prisoner said, "We are going to have a drop of beer, have you a mind to have a drop?"—I said "No, thank you"—they went into the public-house—I stood outside—they then came out and went on to Ropemaker-street, where they stopped, and again said, "We are going to have a drop of beer, will you have a drop?"—I consented and went in—the carman who was with the prisoner, said he should have half-a-pint of ale—the prisoner said he would have half-a-pint of beer—I said I would have the same—the prisoner drank out of the pot and then came out—I came out and saw him outside—he said, "I shall be in in a minute"—I went in and drank the beer, and when I came out the prisoner and the man were gone, and the cart and my bag—I never saw the bag again—I was going over London-bridge the next day, and saw the prisoner—I pounced upon him, and said, "I want you"—he said, "What do you want with me? I do not know you"—I said, "You knew me yesterday, and I know you now"—he resisted a little—I told him I would knock his head off—I took him a fewpaces till we met an officer and took him to the Mansion-home—when we got there, I said, "What an infernal brute you must be to rob a poor fellow like me, who you know would have to pay for the things and most likely lose his situation"—he said he should not have done it unless he was drunk; but he was as sober as I was—I said, "What have you done with the bag?"—he said, "If you will go along with me you shall have the bag, just as it was"—he said it had been opened, but nothing taken out—at that moment the officer came up and said, "I will have no compromise here"—I told the officer what he had said—he said I must have nothing to do with it—I had before said, I would not go any where without an officer—I have not found the bag.
Cross-examined by MR. PHILLIPS. Q. Have you seen the carman since? A. Yes—I saw him the next day and several days since—I saw him last Thursday—I do not know his name—the prisoner had a baragan coat on and a short white apron—I cannot say whether he had a cap on.
MR. ADOLPHUS. Q. Did you recite what the prisoner had said in the officer's hearing? A. Yes—the prisoner did not deny it.
Prisoner's Defence. I know nothing about it.
GUILTY . Aged 22.— Transported for Seven Years.
OLD COURT.—Monday, April 13th.
Third Jury, before Mr. Recorder.
THOMAS BOWSTREED GAMSOM . I am shopman to John Kinder Cheese, a pawnbroker, at Bow. On the 9th of March, before twelve o'clock, in consequence of information, I went out and overtook the prisoner, about a quarter of a mile from the house—I saw the trowsers in his possession, and saw him drop them—I picked them up and took him—these are them.
Prisoner. I picked them up in the road—he called to them to stop me, and I let them fall. Witness. I saw him directly I got out of the shop—he dropped them one hundred and fifty yards off.
(Archibald Williamson, cutler, Mape's-street, Bethnal-green, gave the prisoner a good character.)
GUILTY. Recommended to mercy.— Confined Three Months.
LUKE BRUNTON . I am a shoemaker, and live in Turk's-head-yard, Turn mill-street, Clerkenwell. I took the prisoner to work for me through charity, he being in distress, about three months before this, and on the 2nd of March he left me—I did not see him again till the 29th, whenmy wife met him in Holborn, and he was secured—he slept and boarded at my house—I missed a pair of breeches belonging to James Simmonds.
JAMES SIMMONDS . I lodge at Brunton's, and am a labourer. I found my box broken open, and missed a pair of breeches, and a neck-handkerchief—the prisoner absconded that day—he slept in the same room as me.
CHARLES SPELLER . I am warehouseman to Mr. Ravenor, a pawn-broker, in Tothill-street, Westminster. I produce a pair of breeches, pawned on the 2nd of March, for 4s. 6d.—I did not take them in, nor was I present—I have the duplicate—this is the counterpart of it—they are in the handwriting of Charles Alexander, who is in my master's employ—my master would not let the person come who took them in.
THOMAS FULLER (police-constable E 141.) I apprehended the prisoner at the bottom of Holborn, by Field-lane—I asked him if he had destroyed the duplicate—he said he had sold it to Brooks, No. 14, Field-lane—I took him there; and Brooks gave me the duplicate—I went to the pawnbroker's, and found the breeches.
NOT GUILTY .
1060. CHARLES CLAMP, MARGARET PHILLIPS , and HANNAH JOHNSON were indicted for stealing, on the 31st of March, 2 £5 Bank-notes, the property of Thomas Jackson, from his person; and ANTHONY COLVIN and HARRY AUDE , that they feloniously did incite, move, procure, counsel, hire, and command the said prisoners to do and commit, the said felony.
THOMAS JACKSON . I am a seaman. On the 28th of March, I was paid off at Portsmouth—I had been in the Magician—I came to town on the 31st of March—I had three 5l. notes when I came to town—I got off the coach at the Elephant and Castle, intending to go to Liverpool—I booked a place at the Spread Eagle, Gracechurch-street—I saw Colvin there—I do not know what he is—he shook me by the hand, and said he was an old
man-of-war's-man—he said, "Now you have booked yourself, come along with me, and take a cup of tea, and a little breakfast and a sleep," as I had been on the coach all night—I said I did not want any sleep—this was at half-past seven o'clock in the morning—I had never seen him before—I agreed to go with him, but after I got about one hundred yards, I objected to go further—I told him I was going too far, and should not be back in time, that I should lose my fare, as the coach went at half-past ten o'clock—he said, "It is only just here," and that I should not lose my fare, he would be answerable for that, and he would take me back to the place where I came from—he did not say how he would take me back—I stopped in the street—he called a cab—I did not propose that—I told him, on getting into the cab, that I should not be back in time—he said he would be answerable for all that, and I sat down in the cab—as I went along, I kept saying he was going too far away, and I should not be back in time—I did not know where he was driving—he told the man to drive to his house—I objected going several times—we went to a place where he appeared to live, it was a long distance—I had some breakfast, which I gave his wife 2s. for, and she said she did not want any payment, as her husband had invited me there—I said, "You don't get things for nothing, and I don't wish to have things for nothing"—I paid 2s. for the cab, and told the cabman to stop for me while I breakfasted—but when I asked for the cab, it was gone—I wanted to go—Colvin told me to sit down, for I should be in plenty of time, he would be answerable that I should not lose my fare—they brought a pot of beer, and gave me a pipe of tobacco—I tasted a little beer and took a pipe—I said, "There is three or four outward bounders in your house, and I will give them half a gallon of beer," which I sent for—I saw Aude in the same room—it was in the back kitchen—I do not think he took any shave in the conversation in persuading me to stay—when the beer came in, a pack of cards was put on the table—Colvin said, "While we are having the beer, we may as well employ ourselves with a game of cards"—we began to play—Colvin and I were partners, and Clamp and a young man—we had two or three games, and then they bet me half a gallon of beer that Colvin and I lost—I betted that we did not—we played for 1s. at first—Colvin said, "Don't take it up, play for what is down"—we staked for 2s. each—I had lost 1s. and Colvin had put 1s. down for the other man—I put down 2s. to the 2s. which were down before—then they came to 4s.—I was sober—I lost at last 4l. 15s.—nobody else lost any thing—we played for nothing when Colvin was playing with me—I was playing with Aude only when I lost—we played at all-fours—I gave Colvin a 5l. note to go and get change—I wanted to go away after paying the money, and got in the passage to go away—Colvin's wife put her back against the door, and would not let me go out—Clamp came and took hold of me and said, "You are not going yet, you will be going and saying, you have been robbed in this house"—I said, "I call it a dead robbery, you will not let me go out of the house"—Colvin then wanted me to come inside, and sit down—I would not—Clamp struck me, and cut me in the lip, and through the persuasion of Colvin and his wife, they got me into the back kitchen, where I had been sitting before—I tried to strike Clamp in the passage, but could not reach him, Colvin and his wife being between us—I could not get out, the door was fast—Colvin said, "Sit down a bit, and I will go with you directly"—I walked about in the back place, and could not get away—I was vexed and said, would he call a cab and go with me—he said, Clamp should go with
me, but I must wait till he had washed himself—in about five minutes I saw him, and he had not began to wash himself—I said, I must go—then the boarders said the dinner was ready, and I must sit down and have a bit of dinner—I could not get out—I asked twenty or thirty times to go away, but I could not—their answer was, "Sit down a bit, you will have plenty of time, do not be afraid"—I sat down and had a bit of dinner—I was almost afraid of myself being in such company—as I had had dinner, I sent for half-a-gallon of beer for the boarders—I thought I might as well be civil—I merely did it to pacify them, in order to get away—I wanted to go very bad—Clamp said he would be ready in a minute, he would go and wash himself, and take me—Colvin told me Clamp would take me to the Spread Eagle, where he had brought me from—I have been in London twice before, going home after being paid off—I said I wished he was ready—that if I had lost my fare, I might get to go for half my fare at night—he went then and washed himself—while he was getting ready, I asked for a cab—Colvin said there was none there, but Clamp would take me and show me where I could get one—Clamp took me up the street, and then said, "I must call here; come along, and then we will go"—this was in King David-lane—he went up some court, and said, "Come in here a bit, I must call here, we will not stop a bit"—I stood at the door he said, "Come in"—I went in, and sat down in a chair close to the window—he sat on the bed talking to a young man—the two female prisoners and Clamp were in that room—one of the women began to sing a song and sat down by my side—that was Phillips—I asked if she could sing the "Rambling Sailor?"—she said, "Yes"—I then asked her to sing it—she did so—I gave her two shillings and sixpence to get something to drink for themselves—she asked me what I would take to drink—I said nothing but a drop of beer—I had my elbows on the window, and fell asleep—I do not recollect her coming back at all—I awoke, and there was nobody in the house—the windows and doors were open—I felt in my pockets, and the silk handkerchief which I had in my pocket over two 5l. notes was gone and the notes also—I found the handkerchief in the room afterwards—I immediately inquired for a policeman, and was shown to the station-house—I had not been there half an hour before I saw Phillips and Johnson going past there—I told the policeman they were the girls who had been in the house—I gave them into custody.
Q. Before you fell asleep, had you drank any thing in that home? A. Nothing at all—I had been up about thirty-six hours—there was a bed in the room, and Clamp asked me to lie down, and have a sleep, but I said I could not stop—I did not expect he was going to wait there a moment—I went with the policeman and took Colvin.
Cross-examined by MR. PHILLIPS. Q. Why did not you go off when Clamp had ill-used you, and struck you in the house?—why not leave his company? A. I was a stranger in London—I only went where he took me to—I was not above twenty minutes with him in the street, walking from Colvin's—I was glad I had got out of the house—I was easily persuaded to go into the other house—I stood at the door, and was called in—it was against my will that I went in and stopped so long—Clamp was my convoy—the coach was to leave at half-past ten o'clock in the morning—I got into the house with Clamp at half-past five o'clock in the evening—I wanted to go by another coach—I wanted him to show me where I was to go.
Q. Did not you pass by a good many policemen in your way? A. Yes—I did not think it worth while to tell them of his striking me; I forget and
forgive those things—I do not mean to say I was robbed in Colvin's house—I was sober—I saw my money safe, and had it in my hand before I went into the second house—I sent for the second gallon of beer to make peace with them—I gave that against my will—I was frightened at being in such company—I saw Phillips searched at the station-house—2s. 2d. was found on her.
COURT. Q. Did Aude interfere at all about Clamp's taking you to the Spread Eagle? A. No.
Clamp. Q. Did not you give me a 5l. note that afternoon? A. I gave it to Colvin, to get change, and he brought me four sovereigns and two half-sovereigns—I saw no rum in the house—I changed the note before dinner—he changed a note for rum, but it was not the note I gave him.
Johnson. He gave this young woman 1s. for rum, and another 1s. to fetch a pot of ale—she brought it back—he drank two glasses out of half a pint. Witness. I never did—I never saw her come back—when I awoke, they were all gone—I did not give her 2s.—I gave her half-a-crown—she sang the song before I gave her the money.
COURT. Q. Did Phillips go away before you fell asleep? A. Yes—I was not robbed at that time—Clamp and Johnson remained sitting on the bed—I was asleep, I suppose, nearly an hour—I fell asleep before the liquor was brought, if any was brought—I saw none.
ARCHIBALD CHAMBERLAIN (police-constable K 203.) I was at the King David-lane station-house between seven and eight o'clock in the evening, when Jackson came there, and directly afterwards Phillips and Johnson went by—he pointed them out—I brought them into the station-house, and found on Johnson the articles which I produce—they are new—Phillips had nothing with her—they were both walking and talking togethers—I afterwards went to Colvin's house with the prosecutor—it was No. 12, Fox-lane, Shadwell—I apprehended Clamp there—when I went to search him, he said he had got about 2l. 12s. in his pocket—I found three sovereigns, and 14s. 7 1/4 d. in money—three half-crowns, six shillings, two sixpences, and 1 1/4 d.—I did not take Colvin—he was not there; nor Aude.
Cross-examined. Q. Was only 2s. found on Phillips? A. A female searched her.
Johnson The young man who gave me the money to buy these things is in Court now, and the gentleman who cashed his advance note.
GEORGE MUSGRAVE (police-constable K 3.) I was at the station-house when Phillips and Johnson were searched. I asked Johnson how she came by the articles she had in her possession—she said a young man named Prouse had given them to her, that he had just received his advance note, had it cashed, and had given her four sovereigns last Saturday—she requested me to go and see Prouse—when Clamp was brought in, I said, "What money have you about you?"—he said, "2l. 12s. "—3l. 14s. 7d. was found on him—I asked how he accounted for having more money in his possession than he told me—he said his uncle, the prisoner Colvin, if I went to him, would account for it—during the night he asked me to allow him to have some gin—I refused—he said, "To account for the rest of the money, I changed a 5l. note at Mr. Gibbs's, London-dock-house"—I went there, and found he had changed a 5l. note, which I have here.
Clamp. I changed the note there, and gave the man his change in Colvin's-house, when he sent me for two pots of half-and-half, and a pint of rum—the prosecutor did not deny but what I gave him the change.
MARY ANN OSMAN . I am the wife of a policeman. I searched Phillips and Johnson—I found 2s. 2d. on Phillips, and a shop-bill for 8s. 7 1/2 d.—she said she knew nothing about the robbery, that the man must have been robbed while she was sent out with half-a-crown for some liquor—I found on Johnson 1l. 15s. in silver, and 1s. 3 1/2 d. in copper—she asked what I was searching her for—I said the man had lost two £5 notes—she said she only knew of 5l. of the money—when I found this money on her, she told me I might keep 5s. myself, and not say any thing about it—I said, "I dare not do that"—she told me to keep all the rest to myself, and bring the 5s. to light—I said, "I dare not do that"—she said, "All I know of is 5l. of it."
Johnson. I never said any such words—I said the man I had been living with had got his note advanced, and if she would keep a little silver back, as I was going to be locked up, I should be obliged. Witness. She said nothing to me about a young man.
WILLIAM OSMAN (police-constable K 61.) The last witness is my wife—when Clamp was in the cell he called me to the door by name, and said, "If you can keep the lagger out of the way to-morrow, I will give you a sovereign"—the lagger means a sailor.
RACHAEL BIGGS . I keep the Anchor and Hope, Shadwell-dock. The prisoner Clamp came to my house last Tuesday week, the 31st of March, in the afternoon, I cannot say the time—the lamps were not lighted—he came for change for a £5 note, and brought a bottle for some rum, which I put in and gave him the change, four sovereigns and 19s., the rum came to 1s.—I should think it was not six o'clock, but I really cannot say—if the lamps had been lighted, I should have written the name on the desk, and I remember writing it on the table where I had a better light—this is the note—it is a Portsmouth note—my house is about a quarter of an hour's walk from King David-lane—we light our lamps as soon as we require them—I think the street lamps could not be lighted, but I really do not know—my house is not half a mile from King David-lane—Colvin's house is nearer to my house a great deal than King David-lane—I only changed one £5 note—there are two public-houses between my house and Colvin's.
GEORGE COOPER . I live at the corner of King David-lane. I changed a 5l. note on the 3rd of March for Clamp, between five and six o'clock—he was alone—I parted with the note—I did not notice whether it was a Portsmouth note.
Colvin's Defence. On the 31st of March, when I saw Jackson come off the coach, I asked him about a man who came from Portsmouth—I asked him where he was going—he said he did not know where—he was going to book himself for Liverpool—I took him to the Spread Eagle—he asked me to put my hand in his pocket, to take his money out—I would not—he was half drunk—he put his hand in, and took out all his notes, and laid them down—he then put his hand into his fob, and took out two half-sovereigns—the man wanted to charge him 2l. 15s.—I said he might go for 1l. 10s.—he paid his fare, and said, "I should like to have a d——d good breakfast"—I said, "I live in Fox-lane, Shadwell, if you like to go with me, I will return with you"—he said he would, and we got a cab—when he went into
the house, seeing the other men sitting there, he sent out for drink to treat them—he had breakfast—then five or six pots of rum-hot—I wanted him to go, or he would have to pay more expenses—he began to play at cards with a black man—the black man had received 3l., a day or two before, and had two sovereigns belonging to himself—as to robbery, I know no more about it than a new-born child—I know nothing about the transaction—I am not an uncle of Clamp's—he must be a false lad to say so—I have clothed him, and let him have every comfort; and now he has got me into this trouble—I told him to take the man to the Coach-office, instead of taking the poor fellow to a house, to be robbed.
THOMAS PROUSE . I live in Juniper-row, Shadwell. On the 28th of March, I gave Johnson 4l. 15s., in her mother's house, No. 23, Juniper-row—you go down King David-lane to it—I had had a quarrel with her before that night, but we made it up after that—she had been away very nearly a fortnight—I had received a note from an American vessel—it was for 4l. 5s.—I had been at work eight days, and got three sovereigns from the gentleman besides—I gave her 4l. 15s.—her mother is not here—she is a poor woman, and too busy—the gentleman is here who cashed the note for me—I have known Johnson four years and a half—I lived with her mostly, when I was at home—I believe she lived with other people as well, as I never left her any maintenance when I was away—I do not know Colvin—I have heard of him—I never saw him before, to my knowledge.
WILLIAM MINNETT . I live at No. 49, High-street, Shadwell. I gave Prouse three sovereigns on the Saturday—I have the note in my possession now—(producing it)—I do not make a memorandum when I receive notes—he wrote this name on the back of it on the 28th of March—I deducted 1l. 5s. from it, as there was an account between us.
(Several witnesses gave Colvin a good character, but it appeared that he had suffered two years' imprisonment for a previous offence.)
CLAMP— GUILTY . Aged 28.
JOHNSON— GUILTY . Aged 24.
COLVIN— GUILTY . Aged 50.
Transported for Life.
PHILLIPS— NOT GUILTY .
AUDE— NOT GUILTY .
HENRY LONG . I am shopman to Thomas Nicholls, of Gray's-inn-lane, pawnbroker. On Saturday, the 28th of March, I was in master's shop—the prisoner was there—I saw her concealing something white under her apron—she went to the further end of the shop—I followed, and took a shirt out of her apron—it had hung in the shop, pinned with three pins—I detained her—the handkerchief had hung at the door—it was produced at the office—it belongs to my master, and is worth 3d.
JAMES BRADSHAW (police-constable E 117.) I took the prisoner into custody, with the shirt which I had from Long—as I took her to the police-office, in Baldwin's-gardens, that evening, between six and seven o'clock, she delivered this handkerchief up to me—she had it in her apron which was tied round her—she said she was an unfortunate woman.
(Property produced and sworn to.)
Prisoner's Defence. I never did any such thing—I never saw him till
I saw him at Hatton-garden—the handkerchief was not produced the first day. Witness. The handkerchief was produced the first time.
(Mary Ann Emmerson, of Margaret-street, Clerkenwell; and John Watson, labourer, Gray's-inn-lane, gave the prisoner a good character.)
GUILTY . Aged 30.— Confined One Month.
ROBERT HARDY . I am a cabinet-maker, and live in Peter-street, Saffron-hill. The prisoner lodged in my house about five months, and quitted without notice—he is a cabinet-maker, and occasionally did jobs for me, and had a room—several of my goods were in that room—he had done work on some of them—shortly before he left, I missed some of them, and asked if he had had any of my boxes—he said yes, he had one or two—I asked him how many, and he gave me up a lot of duplicates, and said he had pawned them—I never authorized him to pawn any—I was not indebted to him any wages—I saw him again about the 8th of April, in Ray-street, and gave him in charge—I lost sixteen boxes.
Cross-examined by MR. DOANE. Q. Had not you given them to him to finish? A. He had some of them to finish—to do something to the inside—he was to do it at his leisure—no time was fixed for his returning them—he had other work in hand at the time.
Q. Since you have found the property, did not he tell you he had pawned these, in order to pay his way, till he got the money for the work he had in hand? A. Not to my recollection—I will not swear he did not say so—he said he intended to have got them out again on the Saturday night after I discovered the robbery—they were not entirely in his possession—they were in my possession the whole time—the desk had been finished some months—only six of them were to be worked on—the other ten he was not to do at present.
JOHN FARRANT . My father keeps a pawnbroker's shop on Clerkenwell-green—I produce these articles, which were pawned at our shop by the prisoner, in the name of Harris—I took in articles from him pawned at six different times, between the 3rd of January and the 5th of March—he has redeemed them several times by pawning others for them, and sometimes by paying for them without pawning.
Cross-examined. Q. He gave you his own name? A. Yes.
(Property produced and sworn to.)
Prisoner's Defence. I was ordered to finish the work at my leisure time—the agreement was that it should all be redeemed in a fortnight, which expired on the Thursday I was taken—he agreed to that with my mother while I was away.
NOT GUILTY .
1063. LOUISA PEARSON was indicted for stealing, on the 30th of March, 2 half-crowns, 1 shilling, 1 sixpence, and 3 half-pence, the monies of James Harding, from his person. The prosecutor did not appear.
NOT GUILTY .
Before Mr. Sergeant Arabin.
BARNARD BYRN . I am a licensed hawker. I was at the Boot, in Milton-street—I had four shawls, tied up in a paper parcel—I was sitting in the tap-room—I did not see the prisoner come in—he was in the house—I put my parcel either on the seat or on the table, it was between four and five o'clock—I did not see the prisoner at all—I do not know who took the parcel—I have not found it since—I did not hear Mrs. Martin say she saw two persons go out with it.
REUBEN MARTIN . I was landlord of the public-house, but have left it since. I remember the prosecutor being there—he went to light his pipe; and while he was gone towards the fire, to light it, the prisoner, who was the waiter, came up to the table, took the brown paper parcel off the seat, and went towards the bar with it—I thought he was bringing it to the bar for safety—when the prosecutor returned from lighting his pipe, he asked if I had seen the parcel—I said, "Yes; I saw Thomas, the waiter, take it to the bar, and I believe it is all safe, or all right, but I will inquire"—I went to the bar, and made inquiry—I am quite sure I saw the prisoner take it away—I do not know what became of it—he went out of the tap-room, towards the bar, and might have left the house without my seeing him—when he returned to the room, I asked what he had done with the parcel—he asked what parcel I meant—I said I meant Byrn's parcel, which he took off the seat—he said he knew nothing about it—I said, "You do know something about it; I saw you take it off the seat, and I will make you find it"—he was my pot-boy—it has never been found.
Cross-examined by MR. DOANE. Q. Was it not his duty to more away parcels, when he saw nobody near them, to take care of them? A. Yes; I had been to the bar, and asked the bar-man if he had left it there—he said "No"—the prisoner came in in half an hour, and said he knew nothing about it.
JOHN READ . I was in Maltin's bar. I saw the prisoner bring the parcel out of the tap-room, and go round the bar towards the kitchen with it—I did not see what he did with it; but there had been a confusion about it—Mrs. Martin came down, and asked me what was the matter—I said Byrn had lost a paper parcel, and that the prisoner had told me that he, and one Brown, had put it by, for the sake of getting something to drink, out of Byrn—he had told me that.
THOMAS SEAL . I received information of the loss of the parcel, and took the prisoner in charge at the Boot. I told him I took him for stealing a parcel containing four shawls—he said, with an oath, that he would serve Martin out for giving him in charge—he made violent resistance—I was surrounded by about a dozen thieves, but succeeded at last in getting him to the station-house.
Prisoner. Martin and the prosecutor were there, and nobody heard those expressions but the witness—I never said any such thing as that I would serve Martin out.
(Henry Grimes, licensed victualler, Eldon-street, Moorfields; Dominic Fielding, broker, Gloucester-street, Commercial-road; Patrick Burke, Redcross-street; William Phillips, comb-maker, Adam and Eve-place; Charles Ryan, tailor, White-street, Goswell-street; William Riley, labourer;
and John Duffey, Golden-lane, gave the prisoner a good character; but it appeared that he had been several times in custody.)
GUILTY .* Aged 18.— Transported for Seven Years.
Second Jury, before Mr. Sergeant Arabin.
MARIA IRELAND . My mother, Dorothy Ireland, keeps the Dolphin public-house, Cannon-street. She had the care of this box, which was generally kept in the bar—it is a mahogany subscription box—I saw it safe on the 28th of February, and did not miss it for eight or ten days—it was left in my mother's charge—the prisoner was servant to a Spanish officer, who lodged at the house.
CAROLINE BLESSINGTON . I live in King-street. I have known the prisoner some time—on Sunday, the 1st of March, he brought me a mahogany box, and asked me for a knife to open it—I had not one—he took a poker, and broke it open—it had silver and copper in it—I do not know how much—there seemed a good deal—it was all mixed together—there was a little veneer, which had split off the box in opening it—he burnt it, I gave the lock of the box to Hale.
EDWARD KINGETT . I live on my property. This was a poor subscription-box, kept at the public-house, and was brought into the room every Saturday, to receive subscriptions—I was treasurer—it was safe on the 28th of February, and seemed to have between 2l. and 3l. in it—it was locked up about half-past eleven o'clock, and left on the table in the room—the prisoner occasionally waited on the people in the room—I have the key of it—it opens the lock produced—it was a small Benevolent Society.
Prisoner. I never took the box.
GUILTY . Aged 25.— Transported for Seven Years.
NOT GUILTY .
1067. JOHN ROSS, JAMES MCCARTHY , and THOMAS DYSON , were indicted for stealing, on the 25th of March, 1 clock, value 4l. 10s., the goods of Hieronimus Kopp; and HENRY DOBSON was charged as an accessary before the act. The clock being the joint property of Hieronimus Kopp, and a Mr. Camera, the prisoners were
NEW COURT.—Monday, April 13th, 1835.
Second Jury, before Mr. Common Sergeant.
MR. DOANE declined the Prosecution.
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
RICHARD LAWRENCE STURTEVANT . I am a soap-maker, and live in Church-street, Bethnal-green. At the latter end of February, Thomas Fitzgerald came to my warehouse, and produced a letter purporting to be from Mr. Parton, of Chatham—I read it, and returned it to him—it stated that he was a buyer of soap—I inquired of him as to Mr. Parton—he stated that he was a most respectable man, and he had done a great deal of business for him; he wished to recommend him to us—he advised me to send him some samples and prices—I furnished him with four samples—he called again in three or four days afterwards—he produced a little memorandum-book, from which he read an order, which he said he had received from Mr. Parton, which he said was to be sent, in the course of the week, to Cole's Upper Wharf, to be sent to Chatham—I directed sixteen hundredweight of soap to be packed up to his order, which came to upwards of 30l.—he returned again on the following Wednesday afternoon—he was in a hurry to have the soap sent off, as he said the barge would be going—the soap was then packed and sent—while it was being packed, he came to me and said he wished me to send it in his own name, as he had other goods which were going at the same time, and he wished them to be sent in one invoice—he produced a bill of exchange, drawn by a Mr. Ormsby—I did not accept, or consent to accept, that bill for the payment of the goods—I expressly refused it—I then went to the warehouse, and met Merrell at the door—I told him I had agreed that the soap should go in Mr. Parton's name alone, and he was to make the bill in that name; the prisoner then said it was the last time he would take any orders for soap—I told him he should have the usual commission, which is one shilling per hundredweight—the soap was then sent off in the cart; and Thomas Fitzgerald left about the same time—he left the bill of exchange on the desk—I did not see my clerk make the invoice, but I saw the bill of parcels which our clerk sent; it was in the name of Parton—our clerk afterwards addressed a letter to Mr. Parton—here is the letter and invoice which were sent—on the 7th of March, James Fitzgerald came to the counting-house; we had, in the mean time, received a letter from Mr. Parton—I asked him how it was that Mr. Parton had not ordered the soap, which we had sent down—he stated that they found, upon going down, that Mr. Parton was in bad circumstances; he had called his creditors together, and he did not think proper to deliver it—I sent Merrell to Chatham, and in consequence of what I heard, I took James Fitzgerald into custody.
Thomas Fitzgerald. Had I not had several transactions with you previous to this. Witness. You had bought several parcels of butter and grease—I did not tell you to look out for certain lots and buy them, and what I could not use you might sell in the trade—you said there was a quantity of butter at the water-side, which you could purchase advantageously if I could advance the money—you did buy some butters and sell them again.
COURT. Q. Had you any profits in your hand that were his? A. I hold in my hand a copy of the transaction, by which I am minus 3l. 13s. 7d.—I owe him nothing on account of the butter.
Thomas Fitzgerald. Q. Did I not bring you an account of five lots more, which were to come to 60l.? Q. You spoke of such a transaction, but I saw nothing of it—I might say that I would take 2s. a ton
less for the soap—I never heard of Parton till you mentioned him—I put the bill into my safe after you were gone—I do not recollect when the bill is due—I do not recollect whether you presented me the bill before the soap was sent—I said I would not take the bill.
Q. Did not the Magistrate desire you to hand me over some money, and you gave me 2l., and said you had no more about you? A. I gave him 1l. 15s., at the Magistrate's suggestion, as it appeared there was something coming to him—I never sent to inquire whether the bill would be paid—I sent (while the soap was being packed) to a neighbour in Shoreditch to inquire as to the respectability of Mr. Ormsby, and they did not know any such person—I did not take the bill for the soap—we did not make the invoice in the prisoner's name—the transactions I had with him previously were all correct.
MR. CLARKSON. Q. Up to the time he showed you the letter, did you know there was such a person as Parton? A. No.
James Fitzgerald. My brother told me this at Chatham—I came up, and went to Mr. Sturtevant—he said he had heard that Parton did not order the soap at all—I asked him to send to my brother, and he said he had a Bill of Exchange for it, but he did not know whether it would be paid or not. Witness. I do not remember it—I have no recollection of telling you to come at three o'clock, and I would tell you whether I would send the order or not—you appointed to come at three o'clock, and I expected our clerk back from Chatham by that time—he did come, and I gave you into custody.
FREDERICK MERRELL . I am clerk to the prosecutor. On the 4th of March, Thomas Fitzgerald came to the counting-house—I did not hear him offer any bills—Mr. Sturtevant told me he had taken a bill, he wanted me to see what it was, and I took it down to Shoreditch—I came back, and told him not to take it—I heard Mr. Sturtevant then say to Thomas Fitzgerald that he would not take it—Fitzgerald told me to make out the certificate in his name, and I refused to do so—I directed the carman to put "Parton, Chatham," in full on it, and the prisoner said, "P., Chatham," was quite sufficient—I wrote a wharf-note with "P. Chatham" on it, and gave it the carman—on the 7th of March, I saw James Fizgerald at my master's—he was given in charge when he came a second time—I had been to Chatham the day before—I had made inquiries, and received information—I told my master on the Saturday before James Fitzgerald came the second time—this is the order, and here is the entry in the book (reads)—"1835, March 4, 287, Mr. Parton, Chatham"—the amount of the bill was 34l. 14s.
Thomas Fitzgerald. Q. Did you go to inquire about the bill? A. Yes, to one or two respectable tradesmen.
EDWARD JORDAN . I am carman to the prosecutor. On the 4th of March, I took three chests of soap, and delivered them at Cole's Upper Wharf—while I was there, Thomas Fitzgerald came, and asked for the wharf-note—after I had loaded, I asked him if he had got the receipt, and he said, "All right"—he did not accompany me all the way from to factory—he went as far as the corner of Leadenhall-street—we there met James Fitzgerald—they then went on together, and when I got to the wharf, I found them there.
James Fitzgerald. Q. Did I speak to you about any soap? A. "No"
HENRY PARTON . I live in High-street, Chatham and am a grocer and general dealer. I did not write any letter respecting the purchase of this soap—I know Thomas Fitzgerald, and he knew I was living at Chatham—I did not
receive any samples of soap from him—I received this letter and invoice on the 5th of March—I had never given any orders to Fitzgerald for the articles mentioned in this invoice—I knew nothing at all about them till I received a letter, I wrote by the same night's post, denying all knowledge of it—this is the invoice and letter I received—(reads)—"Mr. Parton, bought of Richard Lawrence Sturtevant, three cheats of soap, 34l. 14s."—"London, March 4th, 1835—Sir, Annexed, you have an invoice of three chests of soap, ordered on your account, per Mr. Fitzgerald, which are delivered at Cole's Upper Wharf, Dockhead, which we hope will arrive safe, and meet your approbation: unless you are coming to London, or think proper to remit us the amount directly, a gentleman, named Chapman, will have authority to wait on you for the amount—for R. L. Sturtevant, J. Godfrey"—in consequence of this letter, I went to Thomas's wharf the day following, which was the 6th of March, and made inquiry—I saw the two prisoners there—Thomas Fitzgerald was looking into the barge, and I heard Mr. Thomas, the proprietor of the wharf, say to him, "Do you own this soap?"—Thomas Fitzgerald said, "Yes; I am waiting to pay the freightage"—I said, "How came you to order this soap? I never gave you any orders to that effect"—he said, "I know that, I was going to take it down to your house"—I think James Fitzgerald could hear that—I said I had a letter from Mr. Sturtevant, making a demand on me for the amount, and that a person would call upon me for it—he seemed rather to doubt it, but said, "Well, I can get rid of it in the towns; I can dispose of it"—alluding to the three towns, Chatham, Stroud, and Rochester—I was close to the barge, and I saw the ends of two of the chests of soap—I saw this paper, which I took off and read—it contains the weight of the soap, and has my name upon it—I had not compounded with my creditors, nor called them together—I have been in business fourteen years, and am in good circumstances.
JURY. Q. Had you had dealings with Thomas Fitzgerald before? A. Yes, twice—I had bought some bacon of him.
Thomas Fitzgerald. Q. Did you not send me a letter to meet you at the Nag's Head, in the Borough? A. No.
SAMUEL BARNARD . I am clerk at Cole's Upper Wharf. On the 4th of March, the prisoner Thomas Fitzgerald came and asked if I had any barge for Chatham that day—I said, "Yes," and he said he had five chests of soap to send down—he returned in the evening, and wrote a shipping-note for five chests, to be delivered to his order—he came afterwards, and withdrew that note, saying there were only three chests, and he substituted another note for the three—he then went down on the wharf, and in a few minutes he came back into the counting-house, and said, "The goods are now come."
Thomas Fitzgerald. Q. Was I not in the habit of shipping small packages of goods there? A. Yes.
HENRY HAWLEY . I am a carman, and live at Stroud. On Friday, the 6th of March, at ten o'clock in the morning, I was on the wharf at Rochester-bridge, and was called by Thomas Fitzgerald and his son—he wanted to know if I had a horse and cart—I said, "Yes"—he said he wanted one to take three chests of soap, weighing about three hundred-weight, to Gravesend—I got my horse and a four-wheeled truck, and went to the wharf—I saw the two prisoners there, and they were taken—James was a very little way off when Thomas spoke to me, and they both consulted about the price of the horse and cart.
WILLIAM HILL . I am a constable of Strood. On Friday, the 6th of March, I was sent for—I saw the two prisoners, and I took charge of Thomas Fitzgerald—James Fitzgerald followed us—I afterwards had occasion to leave the Magistrate's place, and when I came back again, James had escaped—I saw him again at Worship-street office—this, the certificate, I got from the witness Parton—(read)—"To the proprietors of Cole's wharf—Please to receive three chests of soap, marked 'P., Chatham,' to be delivered to me or my order, at Chatham—Thomas Fitzgerald."
ROBERT BACKHOUSE (police-constable H 92.) On the 7th of March, I was sent for to Church-street, Shoreditch—I received charge of James Fitzgerald—I told him the charge, and took him directly to the station-house—I afterwards took Thomas Fitzgerald.
James Fitzgerald's Defence. I met my brother that day—he said he had bought some soap, and was sending it down to Parton, at Chatham—I was in the habit of going down to Chatham once a month.
(Thomas Fitzgerald read a long defence, stating that he had been in an extensive business, but lately had been an agent to the prosecutor; that he had met a man named Fitzpatrick, and gave him samples to show to Mr. Parton; and that two days after Fitzpatrick brought him a bill, purporting to be from Parton, ordering the soap in question; that he called on the prosecutor, and stated he would have the soap on his own account, and gave him the bill—(having endorsed it, in his presence,) to pay for the soap; that he afterwards heard an unfavourable account of Parton, and refused to deliver the soap without payment—a few words ensued, and Parton gave him into custody.)
THOMAS FITZGERALD— GUILTY . Aged 51.— Transported for Seven Years.
JAMES FITZGERALD— NOT GUILTY .
NOT GUILTY .
OLD COURT.—Tuesday, April 14th, 1835.
Fourth Jury, before Mr. Recorder.
GUILTY . Aged 63.— Confined Two Years.
1072. ELIJAH LAZARUS was indicted for feloniously and burglariously breaking and entering the dwelling-house of John Smith and another, about seven o'clock in the night of the 22nd of February, at St. Martin Pomeroy, and stealing therein 1500 yards of silk, value 600l.; and 40 wooden rollers, value 3s.; the goods of the said John Smith and another. 2nd COUNT, stating it to be in the dwelling-house of Henry Isaac Neild.
MR. PHILLIPS conducted the Prosecution.
RICHARD TAYLOR . I am porter to Messrs. John and James Smith, of No. 3, King-street, Cheapside. They do not reside on the premises—they only have the warehouse—on Sunday, the 22nd of February, they were all out of the house—I was the last person left in it—I left about twelve o'clock in the day—the upper part of the house is occupied by Mr. Neild
—it has no internal communication with the lower part—there is only one door, which leads to the private house and to the warehouse—by entering that door, you can go either into the warehouse or dwelling-house—the warehouse is part of the house, and the entrance door is common to both—there is not a private door and a warehouse door also—I left the house secure when I went out—I returned about ten o'clock at night, and found it broken open, and a great deal of property gone.
ISAAC LEVY . I am a general dealer, and live in Castle-street, Hounds-ditch, but am now in custody. I had dealings with the prisoner about the 26th and 27th of February—it was on the Thursday and Friday I dealt with him—he came to me on the 26th, between nine and ten o'clock in the morning, with a parcel of samples of silk in a paper, and asked me to buy some of them, and ultimately we agreed for 144 or 145 yards, at 3s. 3d. a yard, all round—it was silk and cotton mixed—the shots were cotton, and the other parts silk—he came back again, and said, "Won't you buy any more of it?"—I said, "No"—he came back in about ten minutes, and said, "If you will have more of it, I will let you have it a fraction cheaper"—I offered 3s. for about 300 yards—he would not take it without I took 400 yards, and he brought 425 yards—I think that was at 3s.—he said he had them to sell for a gentleman who wanted to raise money—I bought 552 or 553 yards of him in all—about three weeks after that I went to Plymouth—I was very ill at the time—I saw Messrs. Dabb had Stevens, at Plymouth—they bought 115 yards of the silk of me, at 3s. 11d. a yard—it was that which I bought of the prisoner at 3s. 3d.; but I gave them liberty to pick out the best patterns—Mr. Dabb and I had some conversation afterwards about the silk, and in consequence of what he said, I left the silk in the hand of Mr. Hertz, where I lodged, and came to London for the purpose of ascertaining about the silk, to get the man I had them from—to get a regular bill of parcels of the silk, which I had asked him for when I first bought it—he had promised he would bring it to me immediately, but he did not—after coming to London I saw the prisoner on Wednesday morning—I had a great deal of trouble in going after him, and not letting him know what it was about—he came to my house by his sister's orders—I did not want to tall him what had taken place—I said to him, "Mr. Lazarus, you must make the measurement good, and had better give me a regular bill of parcels of the goods I bought of you"—he said, "I will bring it to you in less than two hours; I will go to my man, if you say there is short measure, and will bring it in two hours"—he went away, and promised to come again, but did not—I was looking for him the whole afternoon, and found him in a public-house in Gray's-inn-lane, or Portpool-lane, in the evening—I went out with him, and kept him in conversation, meaning to give him to the first policeman I saw; but I did not see a policeman—it was dark—I gave him into the custody of an officer in Barbican.
Q. That was a great distance, how did you keep him in conversation? A. I spoke to him about the measure, and different things—I afterwards went before Sir Peter Laurie—he adjourned the case till Wednesday, and told me to get the porter—he committed me on the Tuesday following, and I have been in custody ever since—I went to look for the porter, accompanied by two officers and my servant, and found him.
Cross-examined by MR. CLARKSON. Q. You were sent to Newgate? A. I am sorry to say, Yes—a porter brought the things to my house—I took the porter to the Magistrate, and my counsel, Mr. Adolphus,
refused to call him—the Magistrate said he would call him as his witness, and he was called—I deal in every description of goods; such as silks, linen, hardware, jewellery, watches—I go to sales and coffee-houses, and buy any thing in an honest way—I was a general dealer when I took the benefit of the Insolvent Act—I have been a bankrupt—I called myself a general dealer then, to the best of my memory—I can hardly tell; either that or merchant—I do not recollect which—I took the benefit of the Act about four years ago—I have not paid any thing myself—I do not know whether they got in the debts—I never inquired—I gave up all I had—I think there has been something paid, but I am not sure—I live in Castle-street, Houndsditch—I use my back parlour as a wareroom—I have dealt with Lazarus before, and always found him a very honest man—I had no hesitation in buying these goods—it did not strike me that I had got a good bargain—I thought them worth that money, and no more—you may buy job lots in a warehouse quite as cheap or cheaper—I never went to Plymouth before this transaction—I have a sister living there—I was very ill at the time—the doctor advised me to go a sea voyage—my sister's name is Sophia Hertz—I left the silks in the hands of Hertz—I took the goods by the steam-packet to Plymouth—I went about the 20th of March—it was good weather, not at all tempestuous—we had not at all a rough passage—I took good care of the silks—they were put where nothing could come at them—I had more goods with me; linens, table-cloths and cover cloths, and stockings of every description that I had in the house—I went round Plymouth and Dover, and offered my goods, but could not sell a yard—I went to Mr. Dabb, and he was busy, and asked me to call again—I called with all my goods—he picked out to the amount of 22l. 10s.—he was quite a stranger to me.
Q. What day were you found in possession of the goods at Plymouth? A. On the 25th of March, I believe—I set out from London on the Sunday before—the prisoner lived next to a public-house in Portpool-lane—I kept a shop in Ratcliffe-highway before I lived in Castle-street—I kept my bed partly before I went to Plymouth—these goods were delivered at my house in Houndsditch—I went on Sunday to Plymouth—I was at home on Saturday; I might have been out to the Synagogue—I was merely about the house on Thursday and Friday—I had not been out—I might have been out here and there about the neighbourhood, but not on business—I had not been in Cheapside, that I am aware of—I had not been to King-street—I had been in Watling-street.
Q. On your oath, before you left London, for some days, if not weeks, had not you seen the streets placarded with bills, notifying this robbery, and offering a reward? A. No—I never saw a bill—I never heard a word of it—I have offered the silks in London—I offered them to a man who goes about, and gave him samples, but he could not sell them—I offered them to a merchant who lives at Mr. Key's, Prescott-street, and Mr. Harn, and another—they are merchants, who go to market and buy—I am not in the habit of selling goods to shopkeepers in London—I might have entered in my schedule shopkeepers who owed me money in the jewellery line, not in the silk line—I always travel to sell my goods—my business is almost always out of town—I take a journey four or five times a year—I did not know these goods were dishonestly come by—I have never been in a Court before—I wished to have the porter called before the Magistrate, but my counsel would not let me—I lived in Holland two years—I did not run away from Holland; my character stands as high
there as any one's—I failed at the time of the Revolution, and was obliged to go away—they even wanted to take me for a soldier.
Q. Now when you went to Plymouth, what account did you give of the silks? A. That I bought them as a job-lot, from a person in London—I was not asked the name of the person—I did not give it—I did not mention whom I bought them of, till I went to my attorney, which was on Wednesday afternoon—I had come to London on Sunday night, very ill indeed, and was not out of bed on Monday—on Tuesday I went in search of Lazarus—I first mentioned that Lazarus was the person I bought them of, when I had him in custody—I told my attorney, Mr. Yates—I had been told at Plymouth that the goods were suspected to be stolen, the parties there had heard of the robbery—I did not give the account of Lazarus to save myself—I had no idea of saving myself—I knew who I bought them of, and went to London to get my man, and to know whether they were the goods that were stolen—I came to London and asked him for a bill of parcels—I did not tell him what had happened—I told Mr. Dabb that I had exchanged these goods for jewellery—I did give a watch and chain in part payment of the third lot of goods—I told Mr. Dabb so—I swear I told him that, and nothing else—I never used the word jewellery—that is jewellery.
Q. Did you not state before the Magistrate that you had offered the goods to Mr. Cohen, of Prescot-street, and to a man who went about, whose name you did not know? A. No; it was to Moses and Mr. Myers—I told the Magistrate I offered them to Mr. Cohen, and to a man who goes about, but they would not let me go on with the name—I did not say that I did not know the name of the man, and could not tell where he lived—Mr. Jones, the prisoner's attorney, interrupted me at the time, and would not let me speak—he is the same Mr. Jones who taught the porter—the porter was examined before the Magistrate, but he had been taught by Mr. Jones what to say, and all the other things—I found him in Mr. Jones's company, and he knew every thing that had happened—he said he did not know Lazarus at first.
Q. You mention the name of Myers, was it not at the house of Myers you yourself first left a portion of the goods? A. No—it was at Mr. Key's—I did not take any to a pawnbroker's—none were sent there, to my knowledge—I did not authorize any body to take them—all the goods I disposed of at Plymouth were what I offered to Dabb and Co.—I offered them to all the shopkeepers at Plymouth, Devonport, and Stonehouse—I did not give Hertz any to pawn—I heard from Mr. Dabb that he had pawned some, but I knew nothing about it—some of my linen was pawned as well—Hertz is a poor man, and has done so, I understand; but I really do not know any thing at all about it—I left my goods in the care of Hertz, to give them to Dabb—they were in a sort of tea-chest, which was packed full—I did not pack them up as tea on board the vessel—they were in a wrapper and paper, and then in the tea-chest—we do not enter goods in a steam-vessel.
Q. Did you ever in your life charge Lazarus with having any knowledge of the goods, till you yourself found that you were charged with being in possession of stolen goods, by the gentlemen at Plymouth? A. I could not, because I did not see him till Wednesday morning—Mr. Dabb did not ask me about it—he told me there was a rider at his house who thought he knew the goods to be stolen from a gentleman in London, and I (considering I had no bill of parcels of them,) thought it best to go to
London to see about the matter; whether they were honestly come by or not—I bought them on the 26th or 27th of February—I was not able to go about my business for three weeks—I bought them at home—I have no bill of parcels when I buy a job-lot of goods, unless it is at a regular ware-house—I measured them when Lazarus brought them—in the first lot there was a deficiency, but it turned out to be greater—I was by myself when I measured them—there was a gentleman in the room when I paid Lazarus for the second lot—that was Mr. Herschell.
Q. Were you not charged with being the receiver of the goods, before Sir Peter Laurie? A. Not that I know of—I had no idea that I should be sent to gaol—I was not allowed to produce Herschell as a witness—I was stopped by Mr. Jones—Mr. Adolphus, my counsel, was at the second examination—he did not offer to call Herschell—I do not know what my solicitor has done—I believe I have a counsel here to-day—I did not say before the Alderman that there was no person present when I paid for the goods—when I met the prisoner in Portpool-lane, I was going to give him in charge to the first officer I met, but I could not find one till I called on Collingridge, a refiner, in Wilderness-row, and told him to assist me to get one—I could not find an officer from Wilderness-row to Barbican—I did not see any officer—I might have seen a policeman far off, but I thought the prisoner would slip away before I could call him—if I had sent for a policeman when I had him in the public-house, he would have been sure to have gone away, for he was more acquainted with the landlord than I was, and he would have had assistance and gone away—some of his friends were there—there was a house-full of people who might have done me a mischief.
Q. Had you not got the prisoner in your house that day? A. I had—my servant was there.
COURT. Q. On what day of the week did you get to town? A. On the Sunday night—did not find the prisoner on Monday and Tuesday, but on Wednesday he came to my house—I then appointed to see him again that day—he did not keep his appointment, and I went to my solicitor, and then to Portpool-lane—I found him at the public-house, and engaged him in conversation till I got to Collingridge's—he brought goods three times to my house—the girl was present on one occasion; but which, I cannot say—she saw Kelly, the porter—he is the man that came with the goods—it was a gold hunting-watch and gold chain—I paid sovereigns for the two first parcels—he refused to take notes—the watch and chain was for the last lot.
JAMES DABB . I am a draper at Plymouth. On Thursday, the 20th of March, Levy came to my house and produced patterns of waistcoats made chiefly of silk, such as we call silk waistcoats—we took 115 yards of him at 3s. 4d. a yard—his account was that he had bought them a bargain in London, and given jewellery for them—some of them he said were charged to him 7s. a-yard—he demanded 5s. for them at first—he came again and brought some which were not so good as those he showed at first, at 5s.—it was those inferior ones that we bought at 3s. 4d. a yard—I heard of a robbery, and went to Levy's house, and told him—he said he could prove who he bought them.
COURT. Q. Did not he say he would have the goods packed up to go to London, and prove that he had bought them? A. I said, "What shall be done with the goods?"—he said, "They shall be packed up,', and he would go to London and prove that he bought them—I said, "If you can prove that you have bought the goods, what will you take for the remainder?"—he
said he hoped I should not injure him, he was a man with eight children—I said "No—what will you sell the lot for?"—he said 3s. 6d. a yard—I said, "You may send them into my house, till you can prove how you came by them, and this day month I will pay you"—they were not sent—and for an hour I went again, and said to Hertz, "Are these goods packed?"—he said No—he was going to do it—I said, "As they are a large lot, I think 3s. 6d. is too much"—I received the goods at last, and they were sealed up.
MARY CROOKS . I lived as servant with Mr. Levy for four years and six months—I was there in February last, and saw Lazarus come there—I do not know at what time—it was the end of February—I did not see him come—I saw him in the house—I did not see the porter bring the goods, but I saw him leave the house—I saw Levy and Lazarus together—Mr. Lazarus unpacked the goods—I supposed them to be silks—they looked like silk—there were a great many yards—it was in a back sitting-room—I saw him three times in the room—the goods were packed in a hamper.
Cross-examined. Q. What time was this? A. Between four and five o'clock in the afternoon, it was scarcely light—we had candles—my Mistress was in the room—I never saw Lazarus at my master's after that evening—my matter came home from Plymouth on the Sunday—Lazarus might have come there after that—I do not always answer the door—he might have been there without my knowing it—when my master went to Plymouth, he took luggage with him—he took a large case nearly as long as that table, but not so deep—it was twice or three times as large as a tea-chest—my master does not keep a shop—he makes a sort of warehouse of his back room—I cannot tell where my master was on the day before he went to Plymouth—it is very likely he was out—he does not attend to business on Saturdays—he was out in the morning and packing in the evening—he goes out every day—I was before the Magistrate, and was asked whether I had seen any money passed by my master to any body—I said I had not, which was true.
DAVID HERSCHELL . I am a leather-factor, and live in Commercial-road, East. I recollect being in Levy's house some time near the end of February—when Lazarus came there, I was in the back room, looking at some goods—Levy left me, and opened the door to a knock, and I saw Lazarus come into the back-room—he carried a kind of basket with goods in it—it had some covering—I saw it opened, and it contained silks—I saw them taken out—Levy first took out one piece—they both took them out—a few words passed, like contention, about buying and telling, between Levy and Lazarus—they drew on one side of the room, and I on the other—Levy began to measure some of the silks; and when he had measured ten or twelve yards, Lazarus said to Levy, "Let me have the money, I have no time, the people are waiting for the money—you may take my word, I will be answerable to you for the measure, that it shall be right"—I saw Levy give him some sovereigns, I cannot say how many exactly, but there were above twenty, and Lazarus then left.
COURT. Q. What time of the day was it? A. In the afternoon, two or three o'clock—it must have been the last Thursday in February—the back room door was open, and I saw Levy take the parcel of a porter—he was rather a small man, but I cannot say Kelly is the man—it was a man about his size—he had no knot—I think he had a hat on—I took no particular notice.
Cross-examined by MR. JOHNES. Q. How came you at Levy's that day? A. I went to purchase some table-covers—I got there at two or three, or it might be four o'clock—I can't tell which—it must have been later than
one o'clock—I rather think it was two o'clock or more—it was near three or thereabouts—I had not had my dinner—I was going home to my dinner from there—my dinner hour is two or three o'clock—or four sometimes, and sometimes five, but generally two o'clock—I did not get home that day till between four and five o'clock—it was day-light—Levy's house is about a mile from mine—I went straight home from there, I am positive, because my business is more up the City or west end of the town; and I often call there as a middle house—I called there coming from the City—I called no where on my way from Levy's to my own house, I am almost certain—I cannot recollect—I won't positively swear it—I was at his house a quarter of an hour or twenty minutes—I had been in the house, it may be, less than ten minutes before Lazarus came in, and I remained there about five or ten minutes after he left—he was there about ten minutes—it is impossible to speak to a few minutes—I don't recollect that there was any one else in the room while I was there—Levy's wife and my wife are sisters—I am a tanner—I was at Guildhall part of the time when Lazarus and Levy were examined—I was not examined—I cannot swear to Kelly's being the porter I saw at Levy's, for I paid no attention—I saw him at Guildhall—I recollect Levy's going to Plymouth on Sunday—I was there that day, but not for many minutes—I went to see him—I don't recollect any particular business—I did not know where he was going—I knew he was going into the country—I did not know what he was going for—he was ill, I know, he was coughing very bad and looked ill—sometimes I found him lying on the sofa in the middle of the day, and he could not go out—I heard on Saturday that he was going on Sunday—that was the first time I knew he was going—he was often in the habit of going into the country to sell goods—he said it would do him good to go to sea—he either told me so, or I heard it through my wife—I think I knew he was going by water.
Q. When you first heard he was going out on Saturday, where did you see him? A. I saw him may be at his house, and I think he was at my house—I don't charge my recollection, I often go to his house, and he comes to mine—I think I saw him at his own house on Saturday—I might have met him in the street—I dare say I did—if I did, it was in Houndsditch or thereabouts—either he was coming to my house or I was going to his—when I was at his house it was light—there were no candles.
THOMAS PINK . I am an officer. Levy gave the prisoner into my charge at the corner of Whitecross-street—he said he had bought five hundred and fifty yards of silks of him, and had sent them to Plymouth—the prisoner said nothing to it—he heard what Levy said, and did not deny it.
Cross-examined. Q. Where did you take him? A. At the corner of Whitecross-street and Beech-street—I never saw Levy before he gave the prisoner in charge.
JOHN SMITH . I am in partnership with my brother Sidney, and am proprietor of the warehouse in King-street—we do not pay the rates—the landlord, Mr. Neild, does—I think his name is Henry Isaac—our warehouse is the basement story—there is one common entrance—Mr. Neild occupies the house—on Sunday, the 22nd of February, about eleven o'clock in the night, I was called to our warehouse—I found it broken open, and missed property—I have since seen some of it—I received it by an order, from Levy at Mr. Dabb's, at Plymouth—(property produced)—this is it—there was an immense quantity packed up ready to be taken away—I should say about 1600l. worth—the property missed was with about 600l.
THOMAS PINK re-examined. I received the prisoner from Levy—he and Lazarus were in company at the time—Murrell was with me—information was given to me—I do not know by whom—I was on duty in Beech-street—a person came and tapped me on the arm, saying, "I have been walking behind those persons, and from the conversation I have overheard, I think an officer is wanted"—I saw them walking together—they got to the end of Whitecross-street—when I got there, I saw them together armin arm—I did not know the nature of the offence—I looked at them, perceiving no disturbance, and they looked at me—I said, "I understand there is an officer wanted here"—on which Levy paused for about half a minute, and at last said, "I do want an officer—I have bought five hundred and fifty-five yards of silk, and sent it down to Plymouth, to a relation of mine for sale—it has been stopped there as stolen property—this is the man I bought it of "—I did not know the man who was walking behind them—it was about one hundred yards from the station-house—I was in company with Murrell, and the information was given to me—they did not appear in conversation—they were standing still saying nothing, that I heard.
JOSEPH JACOB CANTOR . I am a sponge and quill-merchant, I live at No. 3, Castle-street, Houndsditch, next door to Levy. On Thursday afternoon, the 26th of February, I remember seeing a porter with a basket go into Levy's, and shortly afterwards Lazarus followed and went in—I suppose they were there about as long as they could have emptied the basket, and both came out together—at the end of the street, which is three houses from mine, there is a wine-vaults—I saw them go into the wine-vaults, and come out—an hour or two after, I saw the porter come back again, and Lazarus followed him behind—they went to Levy's—I think the first time was after dinner—I generally dine between three and four o'clock—the second time was near dusk—I rather think it was at the time I was going out.
Cross-examined by MR. JONES. Q. Had you known Lazarus before? A. I do not know that I ever saw him before—I was at my own door—I did not see Lazarus again till he was at the Magistrate's last Tuesday or Wednesday, which might be more than a month after—I recollected his face the moment I saw him—I never had the least doubt about him, or I should not have come here—Kelly is the porter who carried the basket.
JONES to ISAAC LEVY. Q. Before this time have you ever been charged by any body with having stolen goods in your house? A. No: but there was an officer with a lady called last summer, when I bought a set of cottons of Mr. Ellis at a sale—they came and searched my house—he did not come with a search-warrant—they found no goods that were claimed—I was never charged before a Magistrate with having stolen goods—I was not at home when the officer searched—I did not see the officer—he asked me if I did not expect a parcel—I said I expected one from Buckeridge-street, and it came while he was there—that was the only time an officer ever came to my house to search for stolen goods.
Prisoner's Defence. I am the victim of a set of perjured villains who take it off their own shoulders and throw it on me—I know nothing of the transaction.
MICHAEL KELLY . I keep a stall, close by the King's Bench, and occasionally when I get a job of portering I do it. In the month of February last, I was at the corner of Suffolk-street, Southwark—I have stood there
with my stall seven or eight years—I remember a person coming to me there in February, but I cannot say the day of the month—it was at a tall thin young man, about five feet five or six—he wore a brown frock-coat, and large bushy whiskers down his cheeks—I had not seen him before, to my knowledge—it was not the prisoner—he was a head taller than the prisoner—in consequence of what that person said to me, I went to the corner of Hatfield-street, Stamford-street—I took a basket and knot with me—I produced the same basket at Guildhall—the young man went with me—he said, "Give me the basket"—I gave it to him—he gave me 2d. to go to a public-house in Stamford-street to have a pint of beer while the load was getting ready for me—he called for me at the public-house when the load was ready—he brought the basket to the corner of Hatfield-street, and there put it down—I put it on my knot with his assistance—we came down the Blackfriars-road, and crossed the bridge till we came to Ludgat-hill—we went round the north side of St. Paul's into Cheapside—when we got there it rained—the young man halted back, and told me he was afraid the goods would get wet, and told me to go under the next archway that I came to, which I did—he helped me down with the goods—I examined them for fear they were getting wet—I took a rough sailor's jacket which I had, and put it over the goods in addition to the covering—he helped me up with the load again, and then I proceeded till I came to Mr. Levy's, No. 1 or 2, Castle-street, Houndsditch—it was in the afternoon after one o'clock—it might be between one and two o'clock when I took the first load—I knocked at the door—the servant came into the hall—I cannot positively say whether Mrs. Levy came into the hall—if it was her, she had a child in her arms—Mr. Levy opened the door to me, and took me into the front parlour, he looked round, and said, "You had better take them into the back parlour"—I went into the back parlour—Levy helped me down with the load in the back parlour—I was rather tired, and sat down in the hall—there was nobody in the parlour except Levy—Mr. Levy came out to me—he seemed rather confused, but it may be his manner—he said, "You are tired, I suppose"—I said, "Rather so"—he put his hand into his pocket, gave me 2d. and told me go to to the corner house and have a pint of beer, and when he was ready he would call for me—I went to the public-house and had some beer, and stopped there till the young man, who first engaged me, called on me—he told me I was wanted—I went to Levy's door, and there was my basket outside the door on the step—Levy stood at the door—he gave me 1s. 6d. for carrying the load—the young man accosted me in Castle-street, and told me to go with him—I went to the corner of Hatfield-street, Stamford-street, as before—he there took the basket away and told me to go and have a pint of beer which I did, and when he had his load ready he called me from the public-house—I took the load to Levy's again—it was quite dusk when I got there with the second load, between five and six—when I got there I saw Levy—he took me into the back parlour—there was no one there but him—I then retired out of the house, went to the public-house, as before, and had half a pint of beer—I went to the public-house that time of my own free-will—I was called out by the same young man—he had accompanied me all the way back—the basket was at Levy's door as before—Levy stood at the door, and told me if I could bring the third load that night he should be glad, for he wanted to go out early the following morning—I came along with the young man as before—as came to the corner of Hatfield-street, it rained, the young man went away, but came back to me in a few minutes, and said he could not
get the goods that night, and we parted—he appointed for me to meet him at the same public-house next morning—I went, it might be about one o'clock—I stopped there about half an hour, or three quarters of an hour, waiting for him—he came to me, and asked where my basket was—I said it was in front of the house, inside the iron railings—I came out, and gave it to him—he told me to stop there till he came back to me—I stopped there about ten minutes—he came to me, and said the load was ready for me—I found it ready—he helped me up with it on my knot, and I brought it to Mr. Levy's—Mr. Levy opened the door to me, helped me down with the load, took it inside the door, and told me not to go away, for he should want me in a few minutes—I remained outside the door—he opened the door for me, and he had the basket—he helped the basket on my knot, and told me he wanted me to take it a little further—we came into Hounds-ditch, down into the Minories—there is a church on the left hand side, it leads into Haydon-square—I went along by the church into the square till I got into Prescott-street—Levy only went with me—on the right hand side of Prescott-street there is a door which joins a little shop—I do not think there was any name over the door—he knocked at the door, a young man opened it for him—Levy and the young man spoke to one Mother—I did not hear what they said—the young man stepped across to the left hand side of the street—Levy stood at the door which he had knocked at—the young man went into a little shop with a bow-window, with the name of Myers over it—he came out again, stepped across the street, and told Levy it was all right—then Levy helped me down with the load off my knot—I am not positive whether the young man lent a hand as well—the load was taken into the first door which Levy knocked at, on the right hand side of Prescott-street—Levy went in with it—it was not Myers's shop, that is on the left hand side, but the goods could not be taken into this, house unless somebody at Myers's had given his consent—Levy came out in five or ten minutes with the basket—he gave me 3s. to pay me for the two last loads—I looked at it—he said, "Well, I suppose you do not think that enough? there is 6d. extra for coming down to this place," and with that I parted with him.
Q. Now, in the course of your journeys, backwards ands forwards, from Hatfield-street to Castle-street, and Prescott-street, on your solemn oath did you see the prisoner? A. On my solemn oath I did not, in any way whatever that I could notice him—I have not brought my basket here—I could put half a hundredweight of potatoes into it—it is much longer than that tea-chest—the goods that were in it, with two corn-sacks that were over them, filled the basket—I know the prisoner.
COURT. Q. How many years have you known him? A. Between six and seven—I have been occasionally employed by him to carry loads—I am not under any mistake as to whether it was him in my company—there is not a man in England that I know personally better—I have never seen the young man who employed me since—I do not know where the goods were packed—there is a sale-room in Hatfield-street—I considered they might be packed at the sale-room—the person who employed me never went into Levy's house—I have no idea what became of him—I did not see him in the house—I saw the door closed, and that left him on the outside.
Q. Have you had a conversation with any body on the prisoner's behalf since he has been in custody? A. At the first examination Levy and two officers came over to me, Levy asked who employed me—I said that was a
mystery to me, and I supposed it was the man who paid me—he asked who paid me, and I said, "You did, Sir"—at the second examination the officers came and asked me to go to the Alderman—I knew Mr. Jones was solicitor for the prisoner—one of his children called on me at first—I had seen the prisoner's solicitor between the first time I was applied to by Levy, and the time I gave evidence and consulted him whether it was necessary I should appear as a witness against him before the Alderman—he told me if I had not gone, the Alderman would send a warrant for me—I had no conversation with him about the prisoner—I did not tell him I could prove he was not the man—he did not ask me—the prisoner's children buy things of me in my way of business, and a girl twelve or fourteen yours old told me the prisoner was in trouble—I was applied to to come forward as a witness against him, and before I went, I asked the prisoner's solicitor whether I need go—I am sometimes employed by the solicitor to go on errands—he lives close by my stall—I only called on him once—I never said I have been to him two days—I never swore that I spoke to him on the 7th of April—this is my handwriting (looking at his deposition)—it was read over to me, and I signed it.
Q. You were examined on the 8th of April—did not you say before the Magistrate, "I have known Lazarus six or seven years, and Levy about three years, I talked to Mr. Lazarus's attorney Saturday, and the day before?" A. Never; I did not say so—it was read over to me, but I did not speak to him but once—I did not speak to him the day before I was examined—I believe the first day the officer called on me, was on Monday—I saw Lazarus's attorney the same day, after I saw the officer—I had not been summoned as a witness.
Q. If you knew Lazarus, and knew he was not the man, what objection could you have to going before the Magistrate to say so? A. I had no objection; but I never wished to place myself into any trouble, if I could avoid it—I asked him if it was necessary I should go—he said he would not compel me to come.
Q. Did not you tell the prisoner's attorney you could prove Lazarus was not the person who hired you to go with the goods? A. I won't say positively whether I did or not—I cannot recollect speaking the word—I told him the officer had been after me, and wished me to come over and give evidence, and I asked him if it was necessary—he said, "I shall not tell you to go, but if the Alderman wants you, he will send you a summons"—I cannot say whether I had told him before that, that Lazarus was not the man who went with me to carry the goods—my recollection will not enable me to say—I cannot say I did or did not say the word—I cannot say I did not tell him so, to the best of my recollection, I did not say so.
MR. JONES. Q. You spoke to the attorney the day you went to Guildhall, or the day before? A. I went to Guildhall on Tuesday, and on Monday I spoke to him—I am very often in the habit of seeing the attorney, and sometimes speaking to him—his house is near my stall—I have not received any thing for coming to give evidence.
THOMAS PINK re-examined. I spoke to Kelly, and asked him if he recollected taking any goods to Mr. Levy's—he said he did, about five weeks ago—I asked him if he could recollect who it was employed him to take them there—he said he could not—Levy was with me—Kelly then began to ask who I was—I told him I was an officer of the City of London—he said, "Then when I am in the City of London, I shall answer your questions"—I rather think he said something more to my brother officer,
not knowing he was an officer—as soon as he found I was an officer, he declined answering my questions—I was before the Magistrate, and heard him examined.
MICHAEL KELLY re-examined. I have known Levy better than three years—he employed me occasionally, and more so when he lived on my side of the water—I did not see him and Lazarus together on those occasions—I believe at the time Levy was in the King's Bench prison, I have seen Lazarus with him about fifteen times—they are people of one persuasion, and I thought more friendly than a Christian and a Jew might be.
JOHN MURRELL . I am an officer. On the 2nd of April I applied to Kelly to give evidence—he seemed very backward to give information—he said he had seen Mr. Jones, the solicitor of Lazarus, and he knew all about it—that he understood the business I had come upon—he said he had received certain property from over the water, (but would not tell me from where,) and had conveyed it to Levy—he said he thought he should not know the man again—that he was a little, short, active man, who sometimes walked before him and sometimes behind him—he did not say he was tall—he said he was a short, active, young man. I asked him particularly about it.
THOMAS WEST . I live at No. 21, Primrose-hill, Salisbury-square, Fleet-street—I am a toll-collector in Aldergate-street, employed by the City contractor, and have been so nearly twelve months—I know the prisoner by seeing him at Mr. Brown's house—I know him, I should think, eighteen months—Brown keeps the White Hart, in Portpool-lane—I saw the prisoner there on Sunday afternoon, the 22nd of February—I went into the house between four and five o'clock, and I saw him there when I went in—I remained there till between ten and eleven o'clock—I then left and went home—I left Lazarus there—I never went out of the house from between four and five o'clock till between ten and eleven o'clock—he never left the house all the time I was there—I never lost sight of him.
COURT. Q. Whose employ are you in? A. Mr. Hopkins, in Gravel-lane—he takes the toll for Mr. Levy, the contractor with the City—I recollect the day of the month, because Mrs. Brown had got a little girl, she said it was her birth-day, and Mr. Lazarus gave the child sixpence—Mrs. Brown, in return, brought in a pint of gin, to ask the company drink—that happened on the 22nd of February—Mrs. Brown said it was the 22nd—there were many persons there—there was a young man named Shaw—I eat with Lazarus, but did not drink—he did not dine while I was there or sup—he was sitting there—I never noticed him leave the place—I never missed him a moment—he sat on one side of the tap-room, and I on the other—I was just facing him—he could not have gone out for five minutes or I must have missed him—I did not watch him—if I was sitting in a public-house with a parcel of people, I should certainly miss one if he went out—there might be half-a-dozen, more or less, there—some went out, and some came in—I drank he had the newspaper in his hand part of the time—he had no tea, coffee, dinner, or supper, in my presence—he continued to sit in the box all the time—I will not say he never moved, but he was not absent five minutes to my knowledge—I can swear he was not absent five minutes at any one
time—the place where I take the toll, in Aldersgate-street, in about a quarter of a mile from King-street—the prisoner was conversing with the people about the place—he spoke at different times—Mr. and Mrs. Brown are not here—I dare say Portpool-lane is above a mile from King-street.
Q. When did you first hear of this robbery? A. I saw the prisoner as he was going up to Guildhall—I did not know I was required to go—I should not have come now unless I had been subpoened, as I did not wish my employer to know that I should be brought up on a charge like this—I saw bills sticking about on the Tuesday, offering £100 reward—I knew from the bills that the robbery had been committed on the 22nd—it stated that it was about from twelve o'clock till eight o'clock—I knew that was the time I was at Brown's—I take the toll, four hundred yards from the Magistrates—I was up at Guildhall once on a case; a woman wanted to take me in at ring-dropping; and my employer told me, if I went to Guildhall again without acquainting him, he should discharge me—I saw the prisoner going to Guildhall on a Wednesday, (the last time)—I never heard that he was charged with this till then—he did not apply to me to give evidence till last Thursday—I did not know that he lived next door to the public-house that I met him at.
MR. JONES. Q. When you saw him going to Guildhall the last time he was examined, did you know whether he was going on a charge of having stolen the goods or of having received them? A. I did not know which it was—I did not see my employer between the time of my seeing him and his being committed.
WILLIAM SHAW . I live in Jerusalem-court, St. John's-square, and am a glass-grinder and polisher. I have a work-shop in Baldwin's-gardens, not far from Portpool-lane—I have known the prisoner ten or twelve months, and have been in the habit of seeing him at Brown's—I saw him there on Sunday, the 23rd of February—I went out after I had had my tea—I was going over to Vauxhall and went to this public-house about a quarter after five o'clock, and stopped there till about twenty minutes to twelve o'clock at night—Lazarus was there when I first went in, and I left him there—I do not recollect his leaving at all, further than he spoke to me about a glass which he had at home to polish and silver, and the frame to re-gild—he asked what I would do it for—I said I could not tell without seeing it—he took me next door—I saw the glass, and agreed with him to do it—I believe it was his own house he took meto—that was about three quarters of an hour after I first went in—it was past six o'clock—we returned to the public-house together, and I stood a drink on the bargain—the glass was to come to 11s.—we had a quartern of gin at the bar—I should not think it would be possible for him to be out so long as five or ten minutes without my missing him.
COURT. Q. Could he be out an hour without your missing him? A. No; I will swear he was not absent an hour between six o'clock and ten minutes before twelve o'clock—I was sitting in an elbow-seat, and he could not come by without my noticing him—he went out into the back-yard—I am positive he was not out a quarter of an hour—I did not remark his absence—I was subpoened to come here on Saturday morning—I am sure the prisoner is the man I am speaking of.
MR. DOANE. Q. Did you know him before? A. Yes, for ten or twelve months—I never did any thing for him before, and this job is not done now—I have it it home—I have frequently seen him at the White Hart, where I go—I received the glass from him on Monday morning—I went to his house on Sunday night—I went up stairs—I was not in the prisoner's
house above five minutes—I had nothing to do but to look at the glass and take the measure of it—I said nothing about the glass to the people in the public-house—I did not tell West I had got it—he was there—I have seen him there.
COURT. Q. Where did you pass your evening on the Sunday before? A. At Hoxton—I passed the Sunday after, at home—I recollect that this was on the 22nd; for when I get any work I put it down on my slate—I looked at the date before I came here—I put on my slate that it was on the 23rd of February that I fetched this job, or I should not have been positive of the day.
Q. Were you at the christening of Mrs. Brown's child? A. No; I heard something about a birth-day, and I partook of some gin, but I did not know where it came from—I heard something mentioned about it, but not much—part of a glass of gin was handed to me—I did not know what it was for—I did not see the prisoner give sixpence to the child.
MARY COATES re-examined. I had seen the prisoner at Mr. Levy's house frequently in the course of my being there—I am positive he is the person who opened the package of goods—I have lived there some years.
JOHN SMITH re-examined. I have seen part of the goods that Levy sold to Mr. Dabb—the lowest price of these goods, I think, is 6s. 8d. a yard, cost price—I consider 3s. 11d. considerably under their value; but part of these goods have been imitated in a very inferior quality; and, unless a person is a judge of the article, he would not find it out—if these goods were offered to me at 3s. 11d., it would have created a suspicion in my mind that they were unfairly come by.
COURT. Q. Would the inferior articles be fairly priced at 3s. 3d.? A. They have been made at much less—I have frequently sold goods at less than cost price—the imitations of this pattern were out long before February—the warehouse door was broken—I believe there was nobody in the house.
GUILTY of breaking and entering, but not burglariously.
Transported for Life.
NEWCOURT.—Tuesday, April 14th, 1835.
First Jury, before Mr. Common Sergeant.
HON. MR. SCARLETT and MR. ELLIS conducted the Prosecution.
JOHN FISHWICK SUMMERSELL . I am turnkey of the House of Correction—I was at the prisoner's trial, in June, 1834—she was sentenced to three months' imprisonment, and was confined that time—she was sentenced woman I saw tried and convicted.
HENRY ANDREWS . I am a butcher, and live in Oxford-street. On the 14th of February, between one and two o'clock in the afternoon, the prisoner came to my shop, and asked what my beef-steak was a pound—I said, seven-pence—she told me to cut her a pound, which I did—she gave me a crown, and I gave her 4s. 5d. change—I put the crown into
my bowl—there was no other crown there—I went to it again in two minutes, and saw it was bad—I put it into the till of my desk—my wife had access to it, and no other person—I saw the prisoner again that day fortnight—she came and asked for half a pound of beef-steaks, at seven-pence, for which she gave me a half-crown—I knew her as the person who had given me the crown—I observed the half-crown—I saw it was bad, and as she opened her hand, I saw she had another half-crown in it and some halfpence—I said, "This is a bad half-crown, and you know it"—she said she did not—I said, "You were here with a bad crown a fortnight ago—she said I was a liar, she had never been in the shop—I gave her into custody, and gave the crown and the half-crown to the officer.
Cross-examined by MR. PAYNE. Q. Did not your wife, in your presence, say she was