CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand,
SESSION VII. TO SESSION XII.
W. TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
CENTRAL CRIMINAL COURT
SEVENTH SESSION, HELD MAY 11, 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 James Allen Park, Knt., one of the Justices of His Majesty's Court of Common Pleas; Sir Joseph Littledale, Knt., one of the Justices of His Majesty's Court of King's Bench; Sir James Parke, Knt. one of the Barons of His Majesty's Court of Exchequer; John Ansley, Esq.; Sir Claudius Stephen Hunter, Bart.; William Venables, Esq.; William Thompson, Esq.; Sir John Key, Knt; Charles Farebrother, Esq.; Aldermen of the said City of London; the Honourable Charles Ewan Law, Recorder of the said City; John Cowan, Esq.; Sir Chapman Marshall, Knt.; Thomas Johnson, Esq.; Thomas Wood, Esq.; and John Lainson, Esq.; Aldermen of the said City; John Mire-house, 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.—SEVENTH SESSION.
A star (*) denotes that the prisoner has been previously in custody—An obelisk (†), that the prisoner is known to be the associate of bad characters.
Second Jury, before Mr. Justice Littledale.
1116. THOMAS GASKINS was indicted for feloniously assaulting William Plumridge, on the 16th of April, at Ealing, alias Zealing, Middlesex, putting him in fear, and violently taking from his person and against his will, 1 basket, value 1s.; 1 handkerchief, value 1s.; and 1 waistcoat, value 5s.; the goods of the said William Plumridge.
WILLIAM PLUMRIDGE . I am a labourer, and live at Hampton Common. On the 16th of April I was at Old Brentford, and saw the prisoner—I never saw him before—I am positive of him—I first saw him about three or four o'clock in the afternoon, in the Britannia beer-shop—I was drinking there, and he sat by the side of me—I left the beer-shop between seven and eight o'clock, and was going home—it is five or six miles from my house—I saw the prisoner soon afterwards in Old Brentford, which I believe is in the parish of Ealing, it it in Middlesex—he came by me and attempted to take my basket out of my hand—it was a very few minutes after I had left the house—he endeavoured to take the basket out of my hand, but could not—he then turned round and took me suddenly by the shoulder, put me against the pales, and took it away—he pushed me down tight against the pales, and then forced it from me—he squeezed me against the pales and took it from me—it contained a waistcoat and handkerchief—I had these things at the Britannia, and he saw me there—they were my own property—I had been at the beer-shop about two hours—I cannot exactly say how much I had drank—I had had one pint of beer on the road before I went there—I was not tipsy—I was quite sober, for I ran after him, but he got away—I cannot say I was perfectly sober, but I knew what I was about—I did not see him again till last Friday—I have not seen my basket or property since.
Prisoner. Q. When you came into the Britannia you called for a pint of ale? A. Yes—I did not ask any young woman to drink, to my knowledge—I do not believe that I did—I am certain I did not when I first went in—I had nothing to eat in the house—I had several pints of ale, but several men drank out of it—I changed half a sovereign in the house—I know I stopped there till after seven o'clock, and paid for a good deal of
beer, but I did not drink it myself—a great many drank of it, and there might be some young women.
Prisoner. Between seven and eight o'clock you were asleep, and awoke and called for more ale—you felt in your pocket and had no money to pay for it. Witness. I was not asleep—I said my money was gone.
MARY ANN TUNSTALL . I live at Old Brentford, and know the prisoner; he lives a few doors from me. On Thursday evening, the 16th of April, the day before Good Friday, I had been to town, and on coming back I me thim about eight o'clock—he was near the prosecutor, between King's, the brokers, and King's, the green-grocer's shop—I saw him push the prosecutor against the pales, and take the basket from him—he pulled it from him and threw it to another person on the opposite side of the way—I am certain it was the prisoner—the witness Hughes was going by at the same time.
Prisoner. Q. Where were you when I pulled the basket? A. I was across the road, twenty or thirty yards from you.
COURT. Q. Could you see twenty or thirty yards? A. Yes; it was not so dark but I could see, and the prisoner made a slip and put his hand on King's step—I saw him plainly.
THOMAS HUGHES . I live at Old Brentford. On the day before Good Friday I saw the prosecutor—I did not know him before, he had a parcel in his hand—I do not know whether it was a basket—I saw a man take it out of his hand and run off with it, the prosecutor ran after him—I did not know the man at the moment, but I knew him before—it was the prisoner—I believe him to be the man—I knew him before very well, but did not know him at the moment.
Q. What do you say now as to whether he was the man? A. I believe he is the same man—I saw him take the parcel out of the prosecutor's hand and run off with it—I went on about my business.
Prisoner. Q. Who were you in company with? A. I was alone—I was not in Tunstall's company, and never said so—I was on the left-hand side, on Mr. King's side, near the pales, about three or four yards from you, nearly in the middle of the road—I saw you push him and take the parcel out of his arms and run off with it—I did not see you push him—you ran towards New Brentford, and the prosecutor ran after you.
Q. Are you sure it was me? A. You have very much the appearance of the man—you had light trowsers on, and a sleeve waistcoat.
Prisoner to WILLIAM PLUMRIDGE. Q. When I pushed you against the pales, which way did I run? A. You ran down towards New Brentford—I did not say I ran after you towards Kew-bridge.
Prisoner's Defence. I was drinking in the Britannia, with a man who told me I could get work at Drayton—between two and three o'clock the prosecutor came in and called for a pint of ale—he asked a young woman to drink with him—he then had bread and cheese and more ale, then a pot of ale—he changed half a sovereign—the landlord brought him in the change—he sat there, having pot after pot, till between seven and eight o'clock, and then called for another pot—he was stupidly drunk—he sat on the seat, and then on the ground—he had not money to pay for the last ale, and it was taken back—I went home to get some clean things, and then returned to the Britannia—I was running towards Drayton, and he was reeling about—he reeled against me as I was going by, and went back against the pales—I went into the road, and kept on my journey—when I got about twenty yards, I heard him call, "Stop thief," and, "Murder,"
but I went on, and got to Drayton—I found I was too late—I stopped there a week, and took lodgings at Hounslow; and there the policeman took me.
GUILTY— DEATH . Aged 21.
Third Jury, before Mr. Sergeant Ardbin.
1117. JAMES THOMAS was indicted for a burglary in the dwelling-house of Edmund Joseph Thomas Morris, about the hour of eleven in the night, of the 27th of April, at St. Clement Danes, with intent to steal, and burglariously stealing therein, 1 time-piece, value 1l. 15s.; 15 rings, value 2l. 17s.; and 2 watches, value 15s.; the goods of George Tyler.
GEORGE TYLER . I am a jeweller and watchmaker, and live at No. 11, Holywell-street, in the Straud, in the parish of St. Clement Danes—the prisoner worked with a tailor, who rents part of my house—he has worked for him two years and a half—this property was stolen from my shop on the 27th of April—I fastened the shop about a quarter past nine o'clock in the evening—I put a padlock on the door, locked it, and went away—the clock and watches were perfectly secure then—I do not know whether the prisoner was in the house then or not—I returned at ten minutes after eleven o'clock, went to the shop door, and found it secure, as I had left it—I went up stairs to bed, without going into the shop; and in about half an hour I received information—I went down, found the shop door open, and the padlock taken away—there are two lodgers, besides the landlord and myself—the padlock was taken away altogether; the staple remained, it was not disturbed at all—I missed the time-piece and two watches—I saw the time-piece again on the Friday following—I have not found the watches—the value of the whole was about 6l. 7s.
JAMES BROOK . I am a policeman. Between eleven and twelve o'clock on Tuesday, the 28th of April, in the middle of the day, I was in Lambeth-walk, and went into a pawnbroker's shop there, in consequence of information—the prisoner was there in a little box—I do not think he heard what I said to the pawnbroker; but the pawnbroker refused to take in what he had; and as the prisoner came out, he had this time-piece—I asked where he was going with it—he said it was his mother's, and he was going to take it home; that he had just fetched it out of pledge—I took him to the station-house, and found the owner on Friday—I found five rings on him.
GEORGE TYLER re-examined. This is my time-piece; and these rings are mine, and were taken away at the same time—I lost fifteen rings—the landlord of the house is Edmund Joseph Thomas Morris; he lives there—I have the shop and a room up stain—I pay him rent.
Prisoner's Defence. I know nothing of the robbery, further than I met a young woman as I was going along—she gave me the things to pawn, and I pawned them.
GUILTY— DEATH . Aged 19.
Second Jury, before Mr. Justice Park.
1118. WILLIAM BORNE was indicted for feloniously and sacrilegiously breaking and entering the church of the parish of St. Leonard, Shoreditch, Middlesex, on the 1st of April, and feloniously and sacrilegiously stealing therein, 4 silver maces, value 20l.; 2 quarts of wine, value 7s.; and 12 keys, value 10s.; the goods of the parishioners of the said parish.—2nd COUNT, stating them to be the goods of the Rev. Henry Plimley.—3rd COUNT, stating them to be the goods of George Ward and Charles Chapple.—4th COUNT, stating them to be the goods of the Trustees of the poor of the parish of St. Leonard, Shoreditch, in the county of Middlesex.—5th and 6th COUNTS, like the 3rd and 4th, only for stealing the said goods in the said church, and feloniously and sacrilegiously breaking out.
MR. CLARKSON conducted the Prosecution.
GEORGE YARROW . I am parish-clerk of St. Leonard, Shoreditch. In consequence of information, on Thursday morning, the 2nd of April, I went to the church about nine o'clock—(Mrs. Browning is a pew-opener, and is employed as a char-woman to clean the church)—I entered the church by the chancel-door—I was in the burial ground at the time an alarm was given—I think it was Mrs. Carroll gave the alarm—I found the chancel-door open—I went into the minister's vestry, and found the drawers broken open, and the closet where the minister's robes are kept, likewise broken open—the surplices were strewed about the floor—I missed three keys from the drawers, two of them belonging to the registry, and the other was a key of one of the other drawers—I went from there into the churchwarden's-room, which is on the other side of the communion-table—I observed the cupboard in which the maces were kept had been broken open—they had silver heads—there were four of them—the sticks of them lay on the ground, the heads were gone—the cupboard where the sacramental wine is kept was broken open, and part of a bottle of sacramental wine was left on the mantle-shelf—there is a plate-chest in the churchwarden's room—the padlock was forced off that, and the chest had apparently been attempted to be forced open, but they had not succeeded in opening it—there had been an attempt made at the crevice of the lid to open it—there if a smaller iron chest fixed in the wall in that room, and an attempt had been made to open that—I believe it is used to keep papers in—I found a piece of iron lying on the ground of the churchwarden's room, which appeared to be broken off a crow-bar—it was two or three inches from the plate chest—I sent for the churchwardens and sexton—I delivered the piece of iron to Mr. Chappie the churchwarden—I went outside the church while I had sent for the churchwardens, and observed one of the fire-ladders placed against one of the windows, which is very similar to the windows of this Court, with a ventilator, but it has no flap at the top; it shuts out instead of having a flap—I have no doubt a person of the prisoner's size could effect an entrance into the church through that trap by means of a ladder—I asked Mrs. Carroll to try it, and she got her head and shoulders through it.
Q. Have you since seen any of the keys that were lost that evening? A. I think I have seen all three, but I can swear to two of them which belong to the registry—I saw them in the possession of Bedford the Inspector—I have seen several keys in his possession—one of the church-yard and the burial ground-gate, as I believe—I have since seen a portion of iron in Bedford's possession, which has been applied to the plate-chest—it formed a crow-bar.
Q. When the chancel-door is secure, can the church be opened from without? A. No; it must be opened from within.
Cross-examined by MR. PAYNE. Q. What do you call a mace? A. A beadle's staff—when the beadles walk before the minister or chuchwardens
they carry the head and staff together—the head and staff together form the mace, I apprehend—the stick part was found in the church—I believe the heads were invariably locked up in the churchwarden's room, but I cannot be certain of that—I have seen them frequently locked up—a person of the prisoner's size could get through the space left by the opening in the window—Mrs. Carroll is not very corpulent—she did not stick at all in attempting to get through; she only did it to show me she could get through if disposed—the top of the pew under the window is three or four feet from the top of the window—the back of the window seat is not more than four feet from the opening, I should think—it is a lower window—not in the gallery.
Q. How could a party get down without treading on the window and breaking it as he came through the glass? A. There is an iron frame—I think the party might get out the same way they got in, but they could get out much more easily at the chancel-door—the iron I found by the plate-chest appeared to be a portion of a crow-bar—I do not remember whether any body else was present when Mrs. Carroll got through—she went up the ladder and put herself through—I believe there had been a meeting of the trustees at the church the night before.
MR. CLARKSON. Q. The rim of the window is iron? A. Yes; the pulley-rope which pulls the window close, was not strong enough to bear him, I think, but that was broken or cut.
MR. PAYNE. Q. Was there a person at any time in the service of the parish of the name of Hedger? A. Yes; she was a pew-opener six months ago or more, and was discharged—she had been a pew-opener five or six years, and was char-woman likewise—I was examined at Worship-street—Mrs. Hedger was there—I do not think she was examined as a witness—she was in custody on suspicion.
MR. CLARKSON. Q. How long has she been discharged? A. It may be twelve months; I do not know—the Rev. Henry Plimley is the vicar of the parish.
MARY BROWNING . I am one of the pew-openers of the church of St. Leonard, Shoreditch. On Thursday morning, the 2nd of April, I went to the church at nine o'clock—I know Jemima France, the sextoness—I went to her house, and her son gave me the keys of the church—I opened the door—I found the two outer doors perfectly correct—I opened the doors with those keys—I entered by the two front doors—I opened the right-hand door—there was no appearance of any violence there—on coming a little way down the aisle, I observed that the chancel-door was open—that leads to the burial-ground—I went into the minister's room, and found two surplices, one on one side of the table and one on, the other—I gave information to Mrs. France, the sextoness.
Cross-examined. Q. You were very much alarmed at finding the surplices there? A. No—I was at finding the church open—the chancel door opens into the burial ground—it fattens inside.
JEMIMA FRANCE . I am sextoness of the church. Mrs. Browning came to me on the morning of Thursday, the 2nd of April, and after ahe had been at the church she came back—I went to the church directly—I have a pewkey—I went into the minister's room, to the robe-cupboard, where I keep my pew-key—I had used it on the Sunday before, and placed it on the shelf in the robe-cupboard—on entering the minister's room, I missed that key and three or four other keys which originally belonged to the outer gate of the burial-ground before the locks had been altered—since that
Thursday I have seen Stannard—Sergeant Bedford produced a key to me, which I recognised as my pew-key—I believe it to be the key I had used on the Sunday before—it opens the pews—I have tried it.
Cross-examined. Q. How is the chancel door fastened inside? A. By a bolt at the top and bottom, and a double lock—I keep the keys of the whole of the church at home—I did not miss the chancel-door key, that was on my bunch—I saw the pew-key a few days after I missed it—I borrowed a key to open the pews, and do not know when I saw my own again—there is no particular mark by which I know my key; only it is like the other keys of the pews—I saw Mrs. Carroll attempt to get through the window—I should have been afraid to have tried it myself.
MR. CLARKSON. Q. Were all the keys of the church safe with you? A. Yes.
COURT. Q. The chaneel-door had two strong bolts? A. Yes; when those two bolts were removed, by pulling the doors they would open, although locked—there is no key-hole outside—it is a double lock.
THOMAS MEADOWS . I am a beadle of the church. On Wednesday evening, the 1st of April, there was a meeting of the trustees, which concluded about nine o'clock; after that, I secured the door which comes out of the first entrance of the church, and the chancel-door was at that time secure—I saw that it was bolted top and bottom—there were four silver maces which had been used on the preceding Sunday, I locked them up in the cupboard in the churchwardens' room, and kept the key in my pocket.
Cross-examined. Q. Did you lock all the doors before you left the church? A. I saw the chancel-door secure—that is the door which leads out into the burial-ground—it was bolted and double-locked that night—I saw the church again next day, about one o'clock—I saw the churchwardens in the church—when I locked up the maces, there were two in bags, and two stood on staves—I took the heads from off two, and the other two the heads remained on, and the bags were put over them.
COURT. Q. Did you put the staves into the same cupboard with the heads? A. Yes.
GEORGE JOHN FRANCE . I am the son of Jemima France. I received the keys of the church from the beadle, on the night of the 1st of April, and delivered them next morning to Mrs. Browning—nobody had had them in the mean time.
Cross-examined. Q. What doors do those keys apply to? A. To all the large doors belonging to the church—there are three doors besides the chancel-door—I had the keys of those three doors all safe that night; and the key of the chancel-door was on the bunch.
CHARLES CHAPPLE . I am one of the churchwardens of St. Leonard, shoreditch. George Ward is the other churchwarden—Mr. Pearce was churchwarden about twelve months ago—on Thursday morning, the 2nd of April, I was sent for—I went to the church about nine o'clock, and into the churchwardens' room—I found the things in that room in the state Yarrow has described—I produce a small piece of a crow-bar—I have since seen applied to it another part of an instrument produced by Bedford—it appears to correspond with it exactly—I have applied it to marks on the part of the door which was broken from the mace cupboard—it appeared to have been opened by that instrument—that part of the door is in Court—when I went that morning I missed three bottles of sacramental wine—I observed a portion of one of those bottles in the room—the wine was kept in a cupboard which had been wrenched—we kept a great many
keys in that cupboard, and they were all gone—I have since seen some of those keys in Bedford's possession—I went into the clergyman's vestry, and found it in disorder, as described by the clerk—I observed the fireladder placed against the southern window—there was no appearance of violence on the outside of the church.
Cross-examined. Q. Who do the maces belong to? A. To the parishloners, I expect, but donot know—I never bought them; I only hold them for the parish since I have been in office—there is no dispute in the parish about my appointment.
THOMAS VANN . I am an officer of the police. In consequence of information, I went to Shored itch church between eight and nine o'clock on the 2nd of April—I examined the outer part of the church—I could observe no appearance whatever of violence outside—I observed a ladder outside the southern window, and in the pew immediately under that window I found two phosphorus matches which had been used—I produce them—there were dirty foot-marks on the cushions in that pew—the pew is directly under the window—I found four other matches in the churchwarden's room, where the maces had been wrenched off the staves—there was a deal of grease about, droppings from a candle—the cupboards were broken open, and I saw marks on the iron chest where the instrument had been applied—I have seen the crow-bar applied since to those marks, and they completely correspond.
Cross-examined. Q. Did you try to get through the window? A. No; I found no violence outside.
EDWARD RICHARDSON . I am a carpenter. I took one of the cupboard doors from the churchwarden's room to repair it—I took this piece off the front of the door where it had been forced; it was where the maces have been kept (producing it.)
Cross-examined. Q. This was a door Inside the vestry? A. In the churchwarden's room.
Cross-examined. Q. When they got inside they could draw the bolts out? Yes.
JOHN WEBB . I am a private watchman of the church-yard at Hackney, and live in Morning-lane. On Sunday night, the 12th of April, I was on duty in the church-yard of St. John's, and about ten o'clock that night I heard something in the church—I went and tried all the doors—I went to find the beadle, then returned, and saw one man standing on the steps, and another against the door of the church—they said "Here he is," and flew off directly, and ran—I followed them, and sprang my rattle—the policemen came up very quick—I succeeded in taking one of the men, the other got away—the other man was as near the prisoner's sise as possible—that is the man who escaped—I saw George De Gray, the policeman, pick up an iron crow bar; it was in the direction in which the man ran who ran away.
Cross-examined. Q. What time was this? A. It was half-past four o'clock that we found the crow bar—it was ten minutes or a quarter after twelve o'clock when I saw the men—it was very moonlight, and a gas lamp stood directly against the door—I was wide awake or I could not have
heard them—I do not swear the prisoner is the man; it was a man of his size I will swear—I might be a dozen yards from him, not more.
GEORGE DE GRAY (police-constable N 107.) On Sunday night, the 12th of April, I heard a rattle spring in Hackney church-yard—a man was taken into custody—I picked up a crow-bar that night on one of the tomb-stones, and gave it to Bedford the inspector—the man who escaped ran in the direction in which I found the crow-bar.
JOHN GILLIVER (police-sergeant N 8.) On Monday morning, the 13th of April, about six o'clock, I was in Hackney church-yard, and found a dark lantern, and a blue cotton handkerchief, with one corner torn off, containing twenty or twenty-one keys.
JOHN BEDFORD . I am an inspector of the police. On Monday morning, the 18th of April, I received from De Gray the crow-bar which I have produced—I have applied the small piece produced by Mr. Chapple to the end which De Gray gave me; in my judgment they have formed one instrument—I received these keys from Gilliver—I have fitted the end of the crow-bar to the part of the mace cupboard whfeh has been produced—in my judgment the marks have been produced by that instrument—I have applied the keys to the gates and doors of Shoreditch church, several of them lock and unlock the gates and doors of the church—a person in possession of these keys could get into the church-yard.
Cross-examined. Q. Which doors did you try the keys to? A. The outer gates in the first place; the gates fronting the street which lead into the church-yard—I tried some to the front doors of the church, none of those keys opened the front doors—I did not try them to the chancel-door—they did not fit any of the front doors—a person in the burial-ground could get to the window without going through the gates.
WILLIAM STANDARD (police-sergeant G 12.) On the evening of the 16th of April, I was at the station-house in Featherstone-street, and saw the prisoner; he came to the station-house door about half-past six o'clock in the evening, and asked for the sergeant—I went to the door to him—he said "There is twenty pounds reward for the robbery of Shoreditch church"—I cautioned him, and asked him if he knew the consequence of what he was saying—he said he knew he should be transported for life.
COURT. Q. Did he say who did it before he said he should be transported? A. Yes; he said there was twenty pounds for the robbery at Shoreditch church, and he was the person who did it—I then cautioned him, and asked if he knew the consequence of what he was saying—he said he had been drawn into it, and he knew he should be transported for life, and that was what he wanted; for if he stopped here he should do something he should be hanged for—I said—"There is one already in custody for the robbery at Shoreditch church"—he said, "That person is innocent; I did it"—I asked him, what was taken from Shoreditch church—he said four maces, and that two had crucifixes, one was St. Leonard, and he did not know what the other was.
MR. CHAPPLE re-examined. Two of the heads of the maces represented the resurrection, and had a cross on them, one represented St. Leonard, and the other the Holy well.
WILLIAM STANNARD re-examined. He said there were two bottles of; tent wine—I said there were no marks of violence outside the church—he said, "No"—he got in at the window by a ladder, and forced the side-door to get out—I said, "I must search you, and see what you have got about you"—he put his hand into his right-hand waistcoat pocket, and pulled
out this key, and said, "This key was taken from Shoreditch church, and will be known when you show it"—I said there were some other keys be—longing to Shoreditch church, found in Hackney church-yard—he said, "I can tell you what was found in Hackney church-yard; there was a dark lantern, a bunch of keys tied up in a blue handkerchief, with the corner torn off, and a crow-bar, and that crow-bar broke in my hand at Shoreditch church"—I took him to the police-office—I have since shewn the key he produced, to Mrs. France—he underwent two examinations—on the second examination, I took him from the House of Correction to the police-office, and on the way from the police-office to the House of Correction he spoke to me—he said he had been drawn into it by a person named Mrs. Hedger, who told him all about it, and how to do it—that she said she could put him into ready money, 20l. and upwards, and that she stated which way he was to do it—he said Mrs. Hedger told him the way to get into the church—I asked him what he had done with the maces—he said, after the rosin and stuff was knocked out of them, they fetched him above 12l.—I asked him where he disposed of them—he said be should not say—he said Mrs. Hedger told him where to find them.
Cross-examined. Q. How long have you been a policeman? A. Ever since the New Police was established, rive yean—he made the first statement to me on the 16th of April—two or three men were present—Kelly was one—he is not here—he did not hear all that was said—nobody heard the whole of it but me—I wrote down what he had said soon after—I have not got it here—I can recollect the conversation as well without it, as if I had it—I have read over the paper sinee—I think I could have recollected it without hating read it—I told the same story before the Magistrate, and asked the prisoner if it was correct, and he stated, "Yes."
Q. How came you not to state that he said he did it, without being asked? A. I might omit to state it at first—I recollected it, and told it afterwards—what I have stated is correct.
Q. Have you a distinct recollection, without referring to any paper, that he said he got in at the window? A. Yes; and forced the side-door to get out—I swear he used those words—he came in about half-past six o'clock, and I took him to Worship-street at seven o'clock—the conversation did not last the whole of that time—I was talking about Mrs. Hedger while I went to the House of Correction with him—I did not tell him it would be better or worse for him to make a statement.
Q. When he said he understood there was a reward of 20l., did you tell him he had better tell you something about the circumstance, if he wanted the reward? A. No; nothing of the sort—I have stated the conversation from my recollection of it, and not from the memorandum I made—I had no reason for not bringing the paper—I did not tell him it was extraordinary that he should tell me the circumstances.
Cross-examined. Q. Do you know the prisoner at all? A. I never saw him before to my knowledge, till he was apprehended—he could not know about the church, unless somebody told him—I went to the church about nine o'clock, and found the chancel-door open—there appeared nothing like forcing.
open—they are double doors—I observed no marks of violence on them, but the bolt of the double lock was out, as if it had been pulled open inside.
COURT. Q. The chancel-door, I suppose, is to let a corpse go out into the church-yard? A. Yes.
(The prisoner made no defence.)
(Nathan Newman, milkman, No. 6, Hoxton-market, and Fletcher Wakefield, broker Charles-square, deposed to his previous good character.)
GUILTY — DEATH . Aged 19.—Recommended to mercy by the Jury, on
the ground of his having surrendered, and his confession.
Before Mr. Justice Park.
MESSSRS. BODKIN and CRESWELL conducted the Prosecution.
ELIZABETH BLAKE . I lodge at the Britannia public-house, at the top of Green Hill, at Woolwich. I knew the deceased Elizbeth Browning; she was the landlady of the Britannia—I know the priosner—on the 27th of April I saw him about ten o'clock in the morning, at the bar of the Britannia—there is an outer bar where the liquor is served, and behind that an inner bar, which is a small parlour—the prisoner asked for a pint of beer—the deceased was serving at the outer bar—she did not serve him—she said she would not serve him—she did not say why—the prisoner asked her to speak to him—she said she would not he asked her repatedly—she said she would not, nor yet to any such a brute as he was, on account of what he had called her the night before—the prisoner then pushed her into the inner bar and followed her—there is a door to the inner room which he shut—he was sober when he came in—after he had shut the door I was turning from the bar to a side room, and heard Mrs. Browning say, "Don't begin to ill-use me"—I went away—Mrs. Browning's mother was in the inner room when the prisoner pushed her in—I was sitting in a chair by the fire, and heard a scream in about ten minutes—I got up from my chair, and ran into the inner bar, and saw Mrs. Browing's face covered with blood, and the prisoner was stabbing her in the side with a I saw the deceased's mother trying to prevent her daughter from receiving the wounds—she was standing between him and Mrs. Browning—in doing so she received the last blow with the bayonet through her thumb—I ran away directly to the baerracks, and found the deceased dead when I returned, which was in about ten minutes—Mr. Parkin, the surgeon, saw the body immediately after—after the prisoner had killed Mrs. Browning, I heard him say he had stabbed Mrs. Browning, and he meant to do it—he said so at the time I returned from the barracks.
Cross-examined by MR. PAYNE. Q. How do you get your living? A. That is a very unfair question to answer—ten o'clock was the first time I saw the prisoner on Monday morning—I had not seen him in the house before ten o'clock—I have stated all the conversation that passed at the outer bar.
Q. Was nothing said about Mrs. Browning's intention to report him at the barracks? A. That was before he came into the house—she intended to do so—she said nothing to him about it in my hearing—I had seen him the night before—there was no beer drank after elven o'clock that night—I saw nothing drank by the prisoner after eleven—
I was sitting in the side-room that night—I was backwards and forwards because he was abusing everybody about—there was no beer drank after eleven o'clock—if it had been drank I must have seen it—I do not mean to say I was there exactly every moment, for I was up and down stairs to Mrs. Browning, as she got out of his way—the bar was locked up then—I did not hear the prisoner say he would rather destroy himself than that she should report him at the barracks—nor that he should not be the first man who had destroyed himself for her sake.
Q. What space of time intervened between their going into the inner room and you hearing her say, "Don't begin to ill-use me?" A. It was before I turned into, the side-room, about two minutes after the door was shut—I was just turning from the bar—I was quite near enough to hear any conversation that passed—I heard no word pass till I heard the scream—when I saw the prisoner at three o'clock in the morning before, he had been prinking, but was not drunk, he was rather wild and frantic—he was very troublesome, and was taken into custody by the watchman.
MR. BODKIN. Q. Did you see him at three o'clock in the morning when he left? A. I saw him taken away by the constable—he was not very much intoxicated then—when he returned in the morning he seemed quite cool.
COURT. Q. On the Sunday afternoon had he been at the public-house? A. Yes; and all the evening, he was very much there; I think he was nearly always there, except when on duty—Mrs. Browning had had company on Sunday night—a gentleman came to see her and staid to tea—the mother was there also—they drank tea in the inner bar—the prisoner was in the parlour, not in the inner bar—I heard him say he would pay her for not inviting him to tea—they quarrelled very much after the tea party was over, both of them, and she went up stairs after locking up the liquor—there was no bar-maid—she and her mother served in the bar—I heard the prisoner call her names while she was up stairs, and said he would do for her—he staid there till near three o'clock in the morning—a watchman had come there about eleven o'clock, but he got quiet, and Mrs. Browning wished he might be left alone, and begged the watchman not to take him—after the watchman was gone he began his usual fury—he was taken away at three o'clock by the constable—Mrs. Browning had sent William Owens, a lodger, for the constable, who came and took him—the prisoner was in his usual fury when he said he would do for her—Oweas was present when he used these expressions.
JURY. Q. Were you yourself perfectly sober on Sunday night? A. Yes; and on Monday morning—I had been very ill for a week before.
ANN TOMKINS . I am the mother of the deceased, Elisabeth Browning—she was a widow—I was at the house on Sunday, the 26th of April—I lived there—I know the prisoner—he used to come to the house occasionally, not a great deal—my daughter had somebody to tea with her on Sunday, and I was one of the party—the prisoner was at the house—he was not asked to join the party—I do not know that that occasioned any quarrel between him and my daughter—I did not see him at the time—I might sit up that night till about twelve o'clock—the bar was locked up at about eleven o'clock—I do not know of any disturbance in the house after that—on Monday morning, about eleven o'clock, I was sitting in the inner bar—my daughter was with me—the prisoner came into the house—my daughter was in the inner bar—she did not go out—she had not an opportunity—I did not hear any one ask for any liquor—the room
door was not shut—the prisoner came into the inner bar where my daughter was, and struck my daughter three times on the side of the head with his fist.
Q. Before he struck her did any words pass between them? A. She ordered him out of the bar—I did not hear her say any thing before he struck her—I do not remember her calling him a brute—she was standing on her feet when he struck her with his fist—and she fell down across the chair from the effect of the blow—she said nothing after she was struck with the fist—she lost her senses entirely—the prisoner then retreated back from her, drew his bayonet which hung at his side, and then ran it through her—he ran her through more than once or twice—I am certain he gave her two wounds—I attempted to interfere all I could, and got wounded in my thumb with the bayonet—my daughter was picked up dead directly—she did not live five minutes I am sure, from the time she received the first blow with the fist, down to the time she was picked up dead—she did not speak at all—I screamed out, and Blake and Owens came in—I gave the bayonet to Chittenden.
Q. Before the prisoner struck your daughter had she attempted to raise her hand to him, or do any thing to him in the way of provocation, except desiring him to quit the bar? A. No.
Cross-examined. Q. How long had you been sitting in the inner bar before the prisoner came in? A. I cannot say exactly, not long—we had breakfasted in that room, we always breakfast in the inner bar, we had breakfast that morning between eight and nine o'clock—I might have been out into the outer bar, but not further, from the time we had breakfast till the prisoner came in—the inner bar-door was open—I did not hear him ask her for a pint of beer, nor hear her say she would not speak to such a brute as him, but it might have occurred—the outer bar is not very large—they are both small rooms, but long—I did not hear him ask my daughter for a pint of beer; if he did, I might or might not hear it—I do not know how Blake gets her living—I believe she is a woman of the town—she did not bring men to my daughter's house—I did not see him push my daughter from the outer bar into the inner bar—he might have done it, and me not see it—I was not constantly in the bar—I did not go further than to the outer bar—I did not see him push her in—it might have happened while I was in the other bar—the bar opens at one end.
Q. Had the prisoner drank tea with your daughter on previous occasions? A. I do not know but what he might—he had not been intimate at the house more than any one else—the Magistrates have, ordered the houses to be shut at eleven o'clock—the bar was closed at eleven o'clock on Sunday night, and unclosed again because the prisoner came in, and the watchman took him out—we opened the bar to give the watchman refreshment.
COURT. Q. Was there any general drawing for customers, or only to give refreshment to the watchman? A. That was all—there was no liquor given to any body but the watchman after eleven o'clock.
MR. PAYNE. Q. At what time did you go to bed? A. About twelve o'clock—the prisoner struck my daughter directly he came into the inner bar—he stabbed her as soon as he could get his bayonet out of the sheath—the night before, when the man took him away, my daughter told him she would report him to the commanding-officer for what he Had done—she did not say it in the morning—I screamed out directly he used his violence—he did not ask her in the room not to report him to his commanding-officer
—not in my hearing, I will swear—I will swear he did not say he would rather she should run him through than report him to his commanding-officer—he did not say so, or I must have heard him then, because I was close to him.
Q. Did she not, in the room, at that time, say several times, she would report him to the commanding-officer, before he struck her? A. She did not, I will swear—Owens was in the lower part of the room—he came in through the outer bar—they came in to my assistance when I screamed out—there was nobody in the inner bar before, I screamed out directly—he Struck her with his fist three times directly he came in, and then she fell down.
Q. It is true that it was ten minutes from the time he came in till you screamed out? A. She was dead in ten minutes.
Q. Did he not appear in a great passion when all this took place in the inner bar? A. I will not swear whether he did or not—I did not hear him pretend that he was in a passion—I do not think he was tipsy.
MR. CRESSWELL. Q. Were you in a state of great agitation? A. Yes.
COURT. Q. Do you happen to recollect, when your daughter was in the inner bar, and the prisoner came in, whether he shut the door? A. I do not; I do not remember any conversation taking place about drawing ale, and his wanting to speak to her—it might have happened—my daughter was going in and out of the bar, attending to her business.
WILLIAM OWENS . I was formerly in the marines, and am now a pensioner. I have resided at the Britannia upwards of nineteen months—on Sunday, the 26th of April, I saw the prisoner there almost all the evening—he was not to say sober towards the latter part of the evening—he was very abusive to the deceased—I went to the barracks to get assist-ance to remove him—I afterwards brought a watchman to the house—that was about eleven o'clock—the deceased wished the prisoner to be taken out of the house, but he was not taken—he remained in the house using abuse till three o'clock in the morning—he was then removed by two watchmen—on Monday morning he came in about ten o'clock or a quarter after—he was sober then as a roan need be—I saw him in the serving bar—the deceased and him were both in the bar together—he wanted to speak to her, and she told him to go about his business—she said she should not speak to him—I did not hear him say any thing to her then, for I left and went into the side room—I heard a scream, in five or ten minutes, and ran out of the side room into the inner bar, and saw the prisoner using his bayonet on the deceased as fast he could stick her—he was stabbing her—the deceased was then sitting down—I immediately ran out to get assistance from the parlour where there were two sergeants, but they went away—when I came back I saw Mrs. Browning and her mother and the prisoner in the inner room—he was using the bayonet when I returned, and on my going in he tried to stab me—I had not been absent for a second—I kept him off as well as I could till I got behind him, and held his two arms—the bayonet was then in his hand, and the deceased's mother drew it out of his hand—he was taken out—I turned round and saw the deceased lying down bleeding at the mouth—I picked her up in my arms, and she died, I dare say in five minutes—on the previous evening I had seen the prisoner go up stairs—he took the poker in his hand, and ran up stairs—I did not hear him say any thing.
Cross-examined. Are you anything besides a pensioner? A. No; I only lodge at the house—I wait at times when the house is full of people—the prisoner had no appearance of being drunk or tipsy.
Q. Had he not the appearance of having been drunk the night before? A. I cannot say he was any the worse for liquor when he came in the morning—he was very furious up to the time he was taken away by the watchman in the morning—I saw him at the house about a quarter past ten o'clock in the morning—he had been taken away after three o'clock—I cannot tell what time the bar was shut up that night—I was in the side room from eleven till three o'clock—they wanted to get him out of the house, but could not all that time—he then appeared tipsy and violent—he conducted himself as a man who did not know what he was about.
WILLIAM CHITTENDEN . I am one of the Woolwich police, No 1. On the 27th of April, in consequence of information, I went to the Britannia public-house, and saw several marines in the passage—it was about a quarter after eleven o'clock—I asked the corporal which was the person who stabbed Mrs. Browning—the prisoner was present, and was pointed out as the person—he said, "Yes, I am the man that stabbed Mrs. Browning"—I said, "You are my prisoner"—I took him into custody—on going from the house under the bar window he said, "it is a bad job but I have done it, and I know my doom"—I took him to the station-house, and returned to the house directly—I saw the deceased in a chamber on the first floor—she was then dead and undressed—I saw five wounds on her bosom—I produce a bayonet which I received from Mrs. Tomkins—it is exactly in the same state as I received it—there was a quantity of blood on it—it still has the marks—I looked at the prisoner's hand—there was blood on his right hand, and likewise on the left cheek.
Cross-examined. Q. You say he said, "It is a bad job, I have done it, and know my doom;" before he said that, had you said any thing to him on the subject? A. Not a word—I asked him no questions, but rather hurried him from the scene, as many persons were crowding about—his words were, "I am the man who stabbed Mrs. Browning;" that was before I said You are my prisoner."
HENRY PARKIN . I am a surgeon in the Royal Marines. On the 27th of April, in consequence of information, I went to the Britannia public-house, and saw the body of the deceased being brought out of the bar—I followed it up stairs and directed it to be laid on the sofa—she was then dead—there were five wounds about her breast, a wound over her right breast, two flesh wounds, apparently inflicted by one thrust—they were not dangerous—I examined and probed the other wounds—there was another wound underneath the right breast, which passed obliqely down and transfixed the liver—that was a triangular shape, corresponding with the figure of this bayonet; this was a mortal wound—there was another wound on the left side, which had passed through the right and left side of the chest—that was also a mortal wound, and appeared to have been done by the same instrument—there was a slight puncture on the left arm—the bayonet appeared to have slipped off the arm, and entered the side below the arm-pit and passed into the lungs—this was also a mortal wound.
Cross-examined. Q. Were the wounds on both sides mortal? A. Yes; one on the right side and two on the left—I have been connected with the army at Woolwich about fourteen years—it is the practice of non-comisioned officers constantly to wear their side-arms—I have known the prisoner as a soldier six or seven years—I believe he has been in the 7th Fusileen once—he was always a well-conducted, sober, orderly man, while I knew him—I saw him before the Magistrate on the Monday, between one and two o'clock, I think—I did not see him before—he then appeared to be labour-
ing under very strong excitement, his cheek was flushed and his eye Evidently shewed it.
Q. Can you say whether or not he must have been in a state of perfect consciousness, two or three hours before? A. I believe verily, he was not.
COURT. Do you mean to say there was any thing singular in a man who has been stabbing a fellow creature with five or six different wounds, having a flushed face and strangeness in the eye? A. By no means, but I think this man had been drinking hard—I am perfectly aware drunken-ness is no excuse for crime.
Q. After he had slept, do you think he was unconscious? A. I do not Know whether he had slept at all.
MR. PAYNE. Q. Were the appearances you saw, consistent with his having been greatly excited the night before, and that excitement had not passed away? A. That was my opinion—I have been a surgeon above forty years, and have been all that time in His Majesty's service—he was in a state of great excitement; excitement is not insanity—there was every appearance of his being greatly excited.
Q. Are there periods of great excitement, which, at the moment, prevent a person knowing what he is about, but which does not amount to permanent insanity? A. Yes; I think his appearances were consistent with such a state.
MR. DOANE. Q. At what hour did you see the prisoner? A. I think about one or two o'clock, three or four hours after the transaction—he was in custody on the charge, he did not appear in a state of unconsciousness—I think he could not fail to have been in a state of unconsciousness four hours previous.
COURT. Q. Will you on your oath say, in your judgment, from what you saw at two o'clock, you are of opinion that he was a man not accountable for his actions? A. No, I never saw him in a state of derangement in my me, or in a state of lunacy.
GUILTY— DEATH . Aged 32.
LONDON AND MIDDLESEX LARCENIES, &c.
OLD COURT.—Monday, May 11th, 1835.
First Jury, before Mr. Recorder.
1120. WILLIAM WATTS was indicted for embezzling the sum of 2s. 1d., which he had received by virtue of his employment in the General Post-office, Several other COUNTS, varying the manner of stating the charge.
MESSRS. SHEFHERD, ADOLPHUS, and the HON. MR. SCARLETT, conducted
WILLIAM HENRY THOMPSON . I am in the employ of Andrew Reid and Co., brewers, in Liquorpond-street—the prisoner came to the brewery as a letter-carrier. On the 19th of February, I had occasion to write letters, informing the parties that our agent was to call on them for money—I wrote four letters, postages paid—to Mr. John Harris, Seven Oaks; Mr. Long, Tunbridge Wells, inn-keeper; Mr. Cash, of the same place; and Mr. Tibbs, of Spratt's Bottom; all in Kent—I marked them paid, and put them in a place appropriated for the paid letters, to be entered and delivered by the clerk who attends to that department—there is a book kept, in
which the amount of paid letters is entered—there were also some unpaid letters, three in particular—these are the three unpaid letters I wrote that night (looking at them.)
Cross-examined by MR. CLARKSON. Q. Do you know whether the unpaid and paid letters were that evening put into the box appropriated for them when the bellman called? A. No; that is not my duty—the prisoner has been about six months on our beat, I believe.
PHILIP LAYBUEN . I am clerk to Messrs. Reid and Co. On the 9th of February there were some paid letters written—I copied the addresses of them into this book (produced)—here are the addresses of four letters—the postage is entered in my handwriting" 2s. 1d. "—I made that entry on the 19th of February, before the letters went away—I put the letters in a box appropriated for that purpose, with this book, in order that the postman might see them when he called—there are two divisions in the box, one for the paid, another for unpaid letters—I put the book with them, for the postman to see the amount was entered correctly—we keep an account with the postman, and settle with him once a week; but that is not in my department—the prisoner was the letter-carrier at that time—to the best of my belief he called for the letters that day—I cannot bring the circumstance particularly to my mind; but it was hit usual practice—if they had not been called for, I should have sent them by a messenger—they must have been taken by a postman—in consequence of information afterwards, I spoke to the prisoner—I opened this book, and told him that the four letters entered for the 19th had not reached their destination—he said he hoped I should not mention it: that he had a wife and family, and it should not occur again—there were some unpaid letters in the box on the 19th.
COURT. Q. Does the postman give your house credit for the amount of paid letters? Yes; I believe he is paid every Saturday—I believe he would have to advance the money.
Cross-examined. Q. Can you tell us the hour of the day at which you put the paid letters into the paid box? A. Between four and half-past five o'clock—the letter-box is in the counting-house, which persons have access to—I do not know whether the prisoner delivers our letters in the morning—we receive remittances daily—his usual time of calling was half-past five o'clock—I do not remember seeing him on the 19th of February—the book is always placed in the box for him, and I have instructed him always to loojc at the book—I do not recollect his ever taking away letters without the book—I placed the paid and unpaid letters in the box: that day—I have no recollection of their ever having got mixed.
MR. ADOLPHUS. Q. Is every precaution taken to prevent the paid and unpaid letters being mixed? A. Every precaution—the letters were made up in the usual form—they did not contain any thing.
WILLIAM HEWITSON . I am clerk to Messrs. Reid and Co.—the prisoner was the letter-carrier, who collects the letters with a bell—he does not deliver the letters in the morning—I settle the account with him of postage and paid letters every Saturday—it is kept in a book—on Saturday, the 21st of February, I paid him 2l. 8s. 5d. for the letters of that week, 2s. 8d. of which was for inland paid letters sent on two days—the amount of one day was 7d., and 2s. 1d. on another—that was on the 19th, I think—when I paid him the 2l. 8s. 5d. he referred to his own book, and said the amount was correct—he signed our book.
Cross-examined by MR. CHAMBERS. Q. What is this book? A. The postage-book—part of it was postage of letters received, and part letters
going out—he did not deliver letters—it is my duty to receive letters brought in the morning, and enter the amount of postage—I can tell from whose hands I received them—I think the carrier's name is Fox—he kept no account with me—there was no other morning delivery at our house besides the early delivery—there are some letters which do not come by the early post, and they are sometimes brought by Watts—I have never seen Fox's book.
Q. Did you see the book which you stated the prisoner looked at, when he said the account was accurate? A. I did not inspect his book; I made the entries into this large book of sums due for letters, from a book kept for the'purpose—I had not made those entries—this is a copy of the book produced by last witness—I have been in Messrs. Reid's house seventeen or eighteen years; during all that time it has been the custom of the carrier to settle on Saturday, as far as I know.
COURT. Q. Was the word, "out-post," written at the time he signed it? A. It was—I paid him the money myself.
MR. CHAMBERS. Q. Does the postman sometimes call on you to pay before the Saturday? A. No, he always gives credit till that time—I paid him 2l. 8s. 5d. on the 21st—"out-post" means postage of paid letters sent out from the brewery—I paid him about one o'clock.
MR. SHEPHERD. Q. Look at this small book, if that the book from which you copied this? A. Yes; there is an item of 7d. opposite the 16th of February, and on the 19th there are four items with the names of the persons mentioned—these are the four paid letters—the items opposite to them amount to 2s. 1d., and 7d., makes 2s. 8d., which I have entered here as out-post.
JOHN BISHOP . I am employed at Reid and Co.'s, as collector. I went to Seven Oaks and Tunbridge Wells, I believe, on the 25th, 26th, and 27th of February—I called on the parties to whom these letters were addressed—they did not produce any letters to me that they had received.
JOHN HARRIS . I am an inn-keeper at Seven Oaks. I deal with Reid and Co.—when they are going to send their collector to me, they regularly send me a letter, post-paid—I received no letter on the 20th of February from them—I saw Mr. Bishop a few days afterwards—my sister spoke to him.
Cross-examined. Q. Does she attend to your business? A. Not entirely—I was at home on the 20th of February—my family consists of my wife and sister, and four children, two waiters, and a bar-maid—letters usually come to my house about eight o'clock in the morning—none of my family are here—I did not take any account of what letters I received on the 20th of February—I received none from Reid and Co.—the waiter always goes to the post-office for them.
CHARLES CASH . I am an inn-keeper, and live at Tunbridge Wells. I deal with Reid and Co.—their collector calif lor my money—I never missed receiving a letter stating that he was coming, before the last time—the postage was always paid—on the 20th of February I received no letter from them—I saw Bishop a day or two afterwards.
Cross-examined by MR. CLARKSON. Q. What does your family consist of? A. I have only one child—I have no waiters—my daughter attends to the bar.
MR. ADOLPHUS. Q. Do you receive the letters yourself? A. They are always brought into my bar between eight and nine o'clock in the morning—I am generally at home, and receive them myself—I received no letter whatever on the 20th of February.
HUGH LONG . I am an inn-keeper at Tunbridge Wells. I have deale with Reid and Co. for nine years—I always receive a letter from them a week before their collector calls for money—I had none on the 20th of February.
Cross-examined. Q. What family have you? A. Myself and wife, several servants, and a waiter—my letters are brought to the door—I received none on the 20th—I did not see the postman that day.
MR. ADOLPHUS. Q. At what time do your letters come? A. Eight o'clock.
GEORGE TIBBS . I am an inn-keeper at Spratt's-bottom. I have dealt with Reid and Co., ten or eleven years—I always received a post-paid letter before the collector came—I received none on the 20th of February—I saw Bishop shortly after.
Cross-examined. Q. What family have you? A. Three daughters and a son—I have no waiter, but one female servant—I was at home on the 20th of February—I always receive the letters myself—they are brought across by the Hastings coachman from Farnborough—they come to the post at Farnborough, and mj brother sends them down to me.
BENJAMIN CRITCHETT . I am inspector of letter-carriers at the Post-office. Oil the 19th of February, the prisoner was employed as a lettercarrier—it was his duty to go out in the evening, and collect letters from Liquorpond-street and the neighbourhood—he was the bellman—he received paid and unpaid letters—it was his duty to account with the Post-office for all the postages he received—if a carrier receives a letter postpaid, unless he brings it to the office, he cannot be charged with the postage in any way—the postage for paid letters collected by him on Monday, he would pay to the receiver-general on the Wednesday following—if he received a letter on Thursday, and was paid on the Saturday, it would be his duty to pay that money on Monday—the 19th was Thursday.
COURT. Q. Would he give any account of the transaction on Thursday if he had not received the money? A. He would send the letter up to the office in-his bag, and the postage would be charged to his account on the Friday morning—the office would not know whether he received payment with the letter, or had any account with the party—he would carry the letter to the office on Thursday, and the amount would be charged to him—he would pay it over on Monday—he would have the money one day in his pocket if he received it on Saturday—it is usual for carriers to sign a book on the day they ring the bell—here is the book—he has signed as having rang the bell on Thursday, the 19th of February—if he receives a paid letter on Monday, and does not receive the money, he is obliged to pay for it out of his own pocket on Wednesday.
MR. ADOLPHUS. Q. Look at these papers? A. These are cards given out daily to the bellman, to mark the amount of postage they receive for paid letters—these cards have been delivered to the prisoner, and brought back by him on the 18th, 20th, and 21st of February—here are three inland letters on the 18th, charged 11d., 10d., and 6d.—it was his duty to deliver in that account every day, but it has been occasionally omitted—I have searched for the prisoner's account of the 19th of February, and cannot find it.
----HOWLETT. I have the custody of the cards—I searched on Saturday
night, for one of the 19th, of the prisoner's—I looked hack for about nine months, hut could not find it.
MR. CLARKSON. Q. How many cards did you look among? A. There was about one hundred and twenty-eight, or one hundred and thirty altogether—they are all tied up by themselves—I put them in the tunnel-room—they are very seldom called for after three days—the cards come in the bags with the letters.
MR. CLARKSON. Q. Does the card or bag pass through three or four xhands before it comes to you? A. Yes.
MR. SHEPHERD. Q. He did account to you for paid letters on the 19th? A. Yes; 3s. 7d.—he could not be charged with the postage of letters, unless he delivered them.
NOT GUILTY .
GUILTY .— Confined Six Months.
RICHARD IVERSON . I am servant to Mr. John Weston, of High Holborn. On the 11th of April I attended my master's carriage to Finebury-circus—while I was there I received an alarm, and missed my livery great-coat, which had been provided for me by my matter.
(Property produced and sworn to.)
Prisoner's Defence. A young man asked me to carry it to Moorgate.
GUILTY .* Aged 19.— Transported for Seven Years.
JOSEPH BERRY KING . I live near Belgrave-square. On the 19th of April I was in Regent-circus—the prisoner came and asked charity, and while I was selecting a 6d. to give him, he picked my pocket of my handkerchief—I was told of it afterwards—I went back and collared him—he offered me my handkerchief—I called an officer and gave him into custody.
JOHN NIGHTINGALE . I live in Queen-street, Westminster, and am a carpenter. I was coming down Oxford-street, and saw the prisoner, who swept the crossing—the prosecutor was giving him something, and the prisoner picked his pocket of his handkerchief—I told the prosecutor, and he came back and took the prisoner.
RICHARD MARKHAM (police-constable C 129.) I was in the Circus, that evening—the prosecutor had the prisoner, and gave him into my custody with this handkerchief—I asked the prisoner how he came to do it while the gentleman was relieving him—he said I might go to the devil; I had got the handkerchief, and what did I want to chaff him for.
Prisoner's Defence. I asked him for 6d. and he gave it to me; after he was gone I found the handkerchief—he came back and asked me if I had found a handkerchief—I said I had, and gave it to him.
MR. KING. He denied at first that he had it.
GUILTY . Aged 21.— Transported for Seven Years.
1124. ANN TUTHEY was indicted for stealing, on the 27th of April, 10 gallons of wine, value 2l. 16s.; 6 bottles of sherry, value 18s.; 2 wine-glasses, value 3s.; 1 table-cloth, value 3s.; 1 shift, value 1s.; and 1 handkerchief, value 3s.; the goods of Richard Wynn Keene, her master.
MR. BODKIN conducted the Prosecution.
RICHARD WYNN KEENE . I am a cement merchant, and live in Basing-place, Waterloo-road. The prisoner had been my servant about five weeks—I had some elder wine in a cask in my cellar, and some sherry—I had missed some wine—on the night of the 27th of April she was tent to fetch some beer, and when she returned we saw some marks on the jug which we found to be wine—my wife went into the cellar and found some elder wine had been drawn from the cask—the prisoner then went towards the dust-bin, in the back premises, and we called the policeman, and found some bottles of wine there—we missed about ten gallons of elder wine and some bottles of sherry—the prisoner said she had taken some wine for her own use—the key of the wine-cellar was kept in a secretary, and she could not get it unless she had some master-key which would open that secretary—I always found the cellar locked—the key may have been left in the door during part of the day—no one lives in the house but my wife, myself, and the prisoner.
Prisoner. His wife often went to that cellar for wine. Witness. No, she never had occasion to go there—the prisoner had a glass of wine sometimes, when we gave it her.
DAVID AMBROSE (police-constable L 41.) I was called in on the night of the 27th of April—I found one bottle of elder wine and one of sherry in the dust-bin—the prisoner said she took it for her own use, because she got none from her mistress—I asked her where her box was—she would not tell me—I told her where I had heard it was, and asked her for the key—I said if she did not give it me, the magistrate would order me to break it open—she then said Mr. Keene could find it in his house—I went and got it—I went to where the box was, and opened it with the key—the landlord pointed out her box—I found this table-cloth in it with the name of "Morgan" on it, a green silk handkerchief, a smelling-bottle, a shift, some ribbon, and some other articles, and some glasses were on the mantelpiece—that place was not three minutes' walk from her master's.
Prisoner. There were some clothes of mine in the box; the things I took by mistake, as I left in a hurry—the glasses I know nothing about. Witness. There were no clothes in the box—it was opened in the presence of Mr. and Mrs. Keene.
(Property produced and sworn to.)
GUILTY . Aged 21.— Confined for Three Months.
prisoner and another person—the other passed fine on the right, and went down the Poultry—the prisoner passed me on the left, and went down King-street—I saw him stuffing something into his pocket, and missed my handkerchief—I gave an alarm—he was brought back, and it was found on him—this is it.
GUILTY . Aged 18.— Transported for Seven Years.
WILLIAM COLLIER (City police-constable No. 89.) On the afetrnoon of the 9th of April, I was in Upper Thames-street, about three o'clock, and saw the two prisoners—Taylor took hold of the prosecutor's coat, he had hit it first—he then took it up, and took the handkerchief out, and gave it to Smith—I took them both, and called the prosecutor—Smith dropped the handkerchief—this is it.
Taylor. If the officer had been near, as he lays, he might have taken us at the time; but we were taken into a warehouse and searched, and it was five minutes before the handkerchief was brought in by a gentleman.
TAYLOR— GUILTY . † Aged 20.
SMITH— GUILTY . † Aged 18.
Transported for Seven Years.
WALTER WILSON . I live in Duke-street, Aldgate. I was in St. Paul's Church-yard on the 19th of April—I saw the prisoner and a companion—I saw the other take a handkerchief from the prosecutor's pocket, and give it to the prisoner, they were close together—I told the gentleman, and the prisoner ran away—he was taken, and the handkerchief found in his hat.
CHARLES FREEMAN . I live in Stangate-street, Lambeth. I was in St. Paul's Church-yard, and felt something at my pocket; I turned, and the prisoner and another ran away—I pursued the prisoner, who was taken by the policeman, and my handkerchief was in his hat.
EDWARD PYEFINCH (City police-constable No. 67.) I was passing New-gate-street with another prisoner—I saw this prisoner run across and go down Bath-street—I pursued and took him, with the handkerchief in his hat.
Prisoner's Defence. I was going to see for my brother—the other lad took the handkerchief and gave it me—I was rather frightened, and took it—I ran down a turning which was no thoroughfare, and was taken—I was in good work at a wharf in Earl-street, with my father.
GUILTY. Aged 16.—Recommended to merry. — Confined Six Months.
Charles Felton . I am a constable of St. Thomas the Apostle. On Saturday afternoon, the 18th of April, I saw the prisoner take a coat out of a chaise which stood opposite No. 32, Bucklersbury—he put it under his coat, and ran away with it—I followed him, and he threw it down—I called "Stop thief." and a gentleman collared him—I never lost sight of him—I gave him in custody to a policeman.
RICHARD CALVERT SHEPPARD . I am a woollen-cloth manufacturer, and live in Great Scotland-yard. On the 13th of April, I was in Bucklersbury on business—I left my chaise in the care of a boy, who left it—when I came out I found a crowd gathered—this is my coat.
GUILTY. Aged 16.—Recommended to mercy. — Confined Three Months.
1129. JOHN WILES was indicted for stealing, on the 22nd of April, 48 pieces of ribbon, containing 1720 yards, value 7l., the goods of Hugh Roberts and another, his masters; and MARY MOSS for feloniously receiving the same, well knowing them to be stolen, against the Statute.
JOHN SANDERS . I live in Wood-street, and am a warehouseman. On the afternoon of the 22nd of April, I was at the door of my house, opposite Mr. Roberts's—I saw the male prisoner, who was in his service, come down the warehouse stairs into the street, and cross the street with two parcels of ribbon under his arm—I suspected him, and followed him into Bull's Head-passage, about twelve yards from the door—at the top of that court is a bend which comes into St. Alban's-court; in that bend I saw him give the goods to the female prisoner, who put them under her shawl, and instantly said, "I shall see you to-night"—he said "Yes;" and away he went—I followed her through Falcon-square, down Hart-street, to London-wall—she then ran—I believe she saw me, as she turned round—I followed, and took her in Milton-street, with the goods on her—I put her into a baker's shop, and sent the baker for a constable, who took her into custody—the place where Wiles gave her the goods was not in sight of the warehouse at all—she could not see it where she was—I had not seen her before.
Cross-examined by MR. PHILLIPS. Q. How many different streets did you follow her through? A. Very few; I was not five yards behind her, all the way; she went about a quarter of a mile—I never lost sight of her—I was close to her when he gave her the parcel—I saw it done clearly.
Cross-examined by MR. ADOLPHUS. Q. Can you tell what the male prisoner delivered to her? A. Two rolls of ribbon—it was two parcels—what they contained I did not know till I saw it afterwards—the moment he gave her the goods, she put them under her shawl—she was taken into custody in about ten minutes, I should think, after he had delivered her the pareels—I took her myself; and took from her two brown paper parcels.
COURT. Q. Was there any thing particular about the parcels, to show what they contained? A. Yes; they were marked at the end on the paper.
HUGH ROBERTS . I am in partnership with my son, and live in Wood-street. These parcels have my mark on them—they contain forty-eight pieces of ribbon, value above 7l. at cost price—the male prisoner was in my employment—he had no authority to dispose of the goods—I had gone to dinner, and was not out above three quarters of an hour—as I returned, I
received information of this—I manufactured the goods, and have marks on them, and on the outside.
DANIEL MEALY . I am policeman. I received charge of the female prisoner in Moor-lane, and produce the property—she was crying very much, and said she had received the parcels from a young man, but she did not know any thing about them—they had not been opened that—I went to Mr. Roberta's warehouse, and found the male prisoner there—the female prisoner resided at No. 7, Ebenezer-square—the way she went was not her straight way home.
Cross-examined. I thought you never lost sight of her? A. No more I did—I was looking for an officer—I thought it was not in my power to take her myself, but I did at last at my own risk, not feeing a policeman—I said nothing to her when she was running.
Moss. I never ran—it was in Moor-lane. Witness. She was in Moor-lane—she did run and very fast—I saw Wiles open the window of the warehouse at the corner of Love-lane, which looks into Bull's Head-passage—he was down stairs in an instant—that window would enable him to give a signal to Moss in the court as a notice to her to receive the goods.
(Joseph Emsler and the Rev. John W. Morrison gave Wiles a good character.
WILES— GUILTY . Aged 19— Transported for Seven Years.
MOSS— NOT GUILTY .
OLD COURT.—Tuesday, May 12th, 1835.
Second Jury, before Mr. Sergeant Arabin.
THOMAS CHRISTY . I am a hat manufacturer, and live in Gracechurch-street, and have other partners. The prisoner was our warehouseman for eight or nine years—this book contained an alphabetical list of all our customers—it is an index—the prisoner did not keep our accounts—he was trusted with the execution of orders—we had missed the book for six months, and made very great search—we were afraid he intended to make use of it in an improper manner, or that it might fall into some hands who would make use of it.
Cross-examined by MR. CLARKSON. Q. Do not you believe his object was to get your customers from you, for some third person, rather than make use of the book for profit? A. My impression was, he wished to possess himself of all our customers—because he had been very drunk, rather than turn him into the street, we gave him a lower situation, I think he thought he could from some other house in our line get another situation; and it looked as if ke took the book for the purpose of taking our business to somebody else—it must have been for that purpose.
ELIZABETH BAIRD . I was the prisoner's housekeeper. He lived in St. George-street—he gave this book into my hands one Satarsday might in October, when he brought it home, and begged me to keep it, and let so one see it.
Cross-examined. Q. Is your husband a hatter? A. Yes—I never opened the book—Mr. Glover told me to butt it; but I knew who it be-longed
to from the beginning—he begged me to burn it, saying it would ruin him for ever—on the 29th of April, I sent for the prosecutor's confidential man, and gave it into his hands—I was frightened, and did not know what to do.
Q. Do not you know that it was a wicked transaction on the part of the prisoner, your husband, and yourself, to get the names of Mr. Christy's customers? A. Never; my husband had nothing to do with it—I never looked at it—on my oath it was never opened—he wanted to have it again, and I told him I had done what he told me, that I had burnt it—he wanted to write out the names, for I found a book in his writing with some of the names—I knew it would lead me into trouble, and would not give it to him.
NOT GUILTY .
SAMUEL POPE . On the 5th of May, between three and four o'clock in the afternoon, I was on Ludgate-hill—I felt somebody touch my pocket—I turned round, and saw the prisoner and another youth—the other ran away—I collared the prisoner, and took him into a print-shop, and said to him, "You have my handkerchief—he said, "I have not"—I said, "You have, I insist on having it"—he then took it out of his pocket, and gave it to me—I gave him into custody.
(Property produced and sworn to.)
GUILTY . Aged 20.— Transported for Fourteen Years.
GUILTY . Aged 40.— Transported for Seven Years.
JAMES LEVESQUE . On the 4th of April, about half-past nine o'clock in the evening, I saw the prisoner take a rabbit from Mr. Rowles' shop, in Clifton-street, and run down the street with it—I ran after him, and called "Stop thief—he was taken by a neighbour, and the rabbit found opposite my door—I had not seen him throw it down—I am sure he is the man who took it.
GUILTY .* Aged 19.— Transported for Seven Years.
Before Mr. Recorder.
1134. JAMES EDMONDS was indicted for stealing, on the 27th of March, 1 coat, value 30s.; 1 pair of trowsers, value 20s.; 1 flannel waistcoat, value 2s.; 1 shirt, value 2s.; 1 shirt-front, value 2s.; 3 pairs of stockings, value 3s.; 3 wheels, value 15s.; and part of a machine, value 5s.; the goods of John Daft.
lodged at my house; I lost some things from my room—on the 27th of March the prisoner left the place—on my return home I milted the articles in the indictment—I saw the shirt-front and flannel waistcoat on his person at the office—I have known him for twenty-eight years—I left him in the room when I went to work—when I returned he had left the key with my landlord—he bore a good character, I believe.
JOSEPH FISK . I keep the house. On the 27th of March the prisoner came, and gave me the key of the prosecutor's room; he had the prosecutor's great-coat on at the time, and a parcel in his hand—he said he did not expect he should be home to dinner.
Prisoner's Defence. The things were my own.
GUILTY .* Aged 50.— Confined Six Months.
MR. BODKIN conducted the Prosecution.
JAMES DREW . I am a wholesale druggist, and carry on business in Trinity-lane. I have one partner—the prisoner was our clerk for eight or nine months—he was town traveller—I paid him a salary—his duty was to take orders and collect the accounts—he used to return at five o'clock in the afternoon and enter in a memorandum-book what he had collected, and band the money over to me—he should enter the names and amount of the persons he received money from—he was not allowed to retain any balance—in March we had a customer named Pratt, who lived at Greenwich; he has never accounted to me for 4l. 2s. received from him—the memorandum-book containing the items has been abstracted from the counting-house, and I have not got it—I have a book containing a copy of it, and by that I can say he did not pay over any money on the 19th of February, nor on the following day—he did not account for 10l. received from Henry Parks, of Woolwich, on the 9th of March—he accounted for some sums received that day, Bitches; "18l. 10s. "is entered as received that day, but nothing from anybody else—we had a customer of that name, who owed 18l. 10s. that day—he has not accounted for 3l. 6s. received from Miller on the 16th of March, nor for any money received that day, nor on the 17th—he accounted for money on the 18th, but none from Miller—in April last I had received information, and on the 23rd of April I said to him, "Mr. Martin, you have received money which you have not accounted for, "he said, "Oh, I have some money in my pocket," I said, "Pnt down on a piece of paper what you have received, and hand it over to me"—he did so; I have that memorandum, with a variety of sums, amounting altogether to 82l. 3s. 6d., he has written at the bottom, "Received by me, only 81l. 9s. 6d., "and that sum he handed over to me—it does not include any one of the sums in question—I said, "This is not the whole you have received," be said, it was the whole he had received—but be said, "If there are any others, you had better name them to me"—I then named to him "Paternoster, Kent-road, 12l. 5s.; "he turned to his book, and said, "I see it is not marked off in my book I have not given it to you;"—before that I had allowed him to go to his lodging for his book—I sent a person with him—it was when he returned with his book, that I mentioned Paternoster's case to him—he said, "It is not marked off, I have not paid it to him"—I said to, him, "There are others besides Mr. Paternoster, which I am aware of"—he desired me to mention another—I mentioned "Pratt, of Greenwich, 4l. 12s.—he turned to his book again and said, "Well I have not given it to you, it is not marked off in my book"—this was his own private book,
not one belonging to me—I said, I had reason to suspect they were numerous—he begged me to give him time to make up his accounts—he said it was not like my usual plan to be so hard upon him, and would I give him time to make up his accounts—I said I would give him time—nothing else passed—I pursued my inquiries and made a great many fresh discoveries—I discoverd Park's and Miller's amounts afterwards, which I was not aware of at the time of the conversation—in consequence of that, I had him taken into custody on the Saturday, and he delivered me an account that day—this is it—he debits himself with these amounts in that account.
Cross-examined by MR. CLARKSON. Q. What were the terms of his engagement with you? A. He was to have 100l. a-year—he had been nine months in my employ—I think he had received 75l.—there is not more than a few weeks due to him—he had 25l. on the 21st of March, which I believe was put to that debt—I have never received more money than was entered in the cash-book—I have no separate account of sums received from him—I never saw his memorandum-book till the Tuesday evening—I cannot tell whether that was the book he took when he went to receive his money, and from which he entered payments into our book—I did not look at the book—I did not mention Parks to him on the Tuesday; I mentioned Pratt—I did not particularise any sum on the 21st when I charged him—I afterwards named Paternoster—I did not go into that charge before the Magistrate—he paid me 81l. 9s. 6d. on the 21st of April—I am only aware of one of those items being received that week, which was on Thursday, the others I cannot say about; he ought to have paid the amounts on the day he received them—he was allowed to go home as usual after that, and he returned on Wednesday morning—he was not allowed to go out to collect—he was on the premises—he went away on Wednesday evening, and returned on Thursday, Friday, and Saturday—he produced his written statement on Saturday morning before I had given him into custody, it contains the items in this indictment—he did not ask me to go into his accounts to settle them.
Q. Will you undertake to swear you did not before Saturday decline to go into an account which he produced, and wished to go into? A. I will undertake to swear that no account was rendered to me; but as to the other circumstance I will not be certain—I did not decline to go into any account with him, not on any occasion—I never said I was not at liberty and should be engaged all day—there was no paper tendered to me before the Saturday—when this paper was produced I was angry with him, and said he was no better than a thief—I did not ascertain that he had not the means of paying me; on the contrary, he represented himself to me as a man of property—when he gave me this account he said he had never received the money—I had required from him an account of what he had received—he gave me this as an account of money he had received, and then he stated that he had not received the money, although it was there in his own handwriting, and it was that made me angry—he first said he had received them; afterwards retracted it, and said he had not; that was towards the latter part of our conversation, during the time I was speaking to him about it—I said, "Why there it is in your own hand writing"—I could not make him understand, or he wilfully misunderstood it—I had no quarrel with him, further than I told him if he did not account to me I must give him into custody.
Q. If he had made you the payment of the money in the account, you did not intend to give him into custody? A. Not at that period, certainly;
my object was to know what he had received, and to get the money from him—I asked him for the money, and he said he had given me all he had received—that was after I had given him in charge—there was no payment made on the 9th of February—on the 9th of March, there is 18l. 10s. received, that corresponds with the entry in the small book—on the 16th of March there is no entry in either book—on the 19th there is one amount entered, but none on the 18th—the only amount on the 19th, is in the name of Cleeve—that is entered in the prisoner's book on the 14th—I attended every day to receive money—I do not mean to say I have not been absent—nobody accounted with him on my behalf—I have compared the entries in the cash-book with the prisoner's book—I have not found the gross amount of money in my cash-book, more than he has entered in his book as received.
Cross-examined. Q. When he called, had he this smalt book in his hand? A. He had not—I never saw it.
H. PARKES re-examined. I do not recollect seeing that book when he called on me—I did not notice whether he entered the money at the time I paid it.
Prisoner. Miller says he never saw that book before; you will find the particulars of that account, and the order in it, which I took from Mr. Miller; it is my order-book and I must have had it at the time; I said I had paid every amount I had received, and could prove I had received them—I said I had received them, and was ready to swear I had, quite contrary to what the prosecutor says—I said I was ready to swear I paid every thing over—I am quite clear in my conscience I paid every farthing I received—it is well known the order-book is not a private book—it was purchased with the prosecutor's money, and laid on my desk every evening when I returned—it is not my property, nor in it a private book.
MR. DREW re-examined. I never saw that book in my life; it was never produced to me.
Prisoner. Seeing my book on me desk, I have said to the prosecutor, "It is no secret, look at it." Witness. That never passed, I am certain.
MR. CLARKSON. Q. Does that paper contain an account of all the monies the prisoner ever received for you? A. No; I suppose it to be an abstract of certain monies received—some of them are deficient—the first date is the 7th of January.
Prisoner. I never denied having received the money from the witnesses; I paid him every farthing I received; the first intimation I received from the prosecutor was on Tuesday the 21st, he charged me with receiving money and not accounting for it; my reply was, I had received monies that day and a very few days previously, and had not accounted for them, which I intended to have done that evening if he had been at home—his clerks heard me say, I had money to the amount in the paper, and should be glad to see the prosecutor if he returned that evenings that I might pay it to him; and if not, the money was as safe in my pocket as in his desk—he says he never received more money on one day than I had collected that day; my object is to show I received the amounts during the week, and
the prosecutor received them all on Saturday; on which day I generally paid them in—he never intimated that I should pay them every night—he knew I did not collect on Saturdays.
MR. CLARKSON to MR. DREW. Q. Has he paid you over the receipt of three or four days together in one transaction? A. He never, to my knowledge, omitted to pay me every night what he received—I never knew when he paid me, that it was not the sum he received that day.
COURT. Q. Has he ever paid you any sum without first entering it, and directing your attention to it? A. No; neither of these sums are to be found in any book he presented to my attention.
MR. CLARKSON. Q. Turn to the 3rd of March; did he account for money that day? A. Yes; "Perry, 8l. 10s. 6d."—on the 5th there are four items; on the 7th none, that I can see, were received by him—I never, knowingly, received money from him on Saturday which he received before that—I should never have allowed it if I had known it—the items in the small book are copied into my cash-book.
Prisoner's Defence. I declare I never received any amount without paying it over to the prosecutor, on the Saturday, or the day I received it—on the Tuesday evening when I was accused, the prosecutor, after my producing what money I had in my pocket, charged me with having received other money, and not accounting for it—I said, "If you will mention any amount, I am ready to prove having paid it;" he mentioned Paternoster's—I said, "Certainly I have; he paid me his account at Christmas, I think, and I presume it was entered in your cash-book in the regular way"—he said, "It was not"—I said, "I can only say it is in my order-book, and I can shew you the entry, and will swear I have paid you every farthing I received"—I went with the clerk to my apartment, turned to the entry, and shewed it to him—how it did not get into his cash-book I cannot tell—I said, "It is too late this evening to make out the account"—he said, "I will have it this evening"—I said, "To-morrow morning I will commence making up the cash account,"which I did on Wednesday—on Thursday morning I went to him, and said, I had made up a statement of the accounts, and wished to enter into the particulars of it—he said, "I am engaged now"—I said, "Will you let me know when you will be disengaged?" he said, "I shall be engaged the whole of this day"—now Thursday was the drug sale-day, and I considered that was the reason he was engaged—to shew my statement was correct, I said, "I have no objection to remain with you till you can suit yourself with somebody to fill my situation"—his reply was, "I will think of it"—I remained there that Thursday and Friday, and on Saturday morning he called me to him and said, "You have not let me have the accounts"—I said, "They are in my desk, I handed them to you on Thursday"—I went and brought them to him—I said, "Here is every particular, will you enter into them now?" he said, "I cannot enter into them; give me the money received, and not accounted for"—I said, "I have paid you all I have received"—he said, "Give me the money; "I said, "I have already done it, and shall not do it again—I consider my character at stake, and shall certainly resort to measures if you give me in charge"—I said, "Here are my cash accounts, I am ready to see what you call a deflacation; and if any thing appears in the cash-book, there must be some error if you will look into it"—He said, "I shall not; give me the money"—I said, "I shall not give it you again, do your worst"—He said, "You have not paid me; you arc a liar and a rogue"—he said he had discovered a great many other amounts—I defied him to prove it.
MR. DREW re-examined. The paper the prisoner furnished as the account of money received by him, contains the three items in question—that is the paper he delivered me on Saturday—neither of those sums appear in the small book—they are neither in my cash-book, or in the small book from which it was copied—he handed me a paper on the Tuesday, but these sums were not in that.
(Thomas Hodgkinson, druggist, Snow-hill; John Carter Lucas, Alders-gate-street. druggist; Giles Yard Lumley, Lamb's-conduit-street; and James Andrews, silversmith, Bull-and-Mouth-street, gave the prisoner a good character.)
GUILTY. Aged 30.—Recommended to mercy by the Jury and Prosecutor.
Confined Six Months.
1136. THOMAS WILSON, THOMAS RUSSELL and JOHN COOK were indicted for feloniously breaking and entering the warehouse of David Bradley, on the 11th of April, at St. Olave, Hart-street, and stealing therein 1 coat, value 1s., the goods of John Dore; 121bs. weight of tobacco, value 2l.; 2lbs. weight of cigars, value 2l. 5s.; 46 pence; and 120 halfpence; the goods and monies of David Bradley.
HENRY FLOWERDAY . I am a watchman of St. Olave, Aldgate Ward. On the 11th of April I was by Mr. Bradley's warehouse, up a gateway—I observed a water-trunk disturbed—I looked up and saw the window open, in the warehouse—I looked through the key-hole of the warehouse-door, and saw a light—I called out to know if that was Mr. Bradley—no answer; was made, nut the light was put out—the patrole came up in a few minutes—I told him of it, and he alarmed Mr. Bradley—I remained by the warehouse-door.
JOHN THOMAS . I am a watchman. I was on duty In Jewry-street on the morning of the 12th of April, about half-past three o'clock—the patrole came to me—I went with him to Mr. Bradley's warehouse—Flowerday was at the door, and said he could bear somebody in the warehouse—I went round to Mr. Bradley's front door, and he let me into the dwelling-house—the first door we came to, led into the tea-warehouse, which was forced open, that was a door of the dwelling-house—we went to the warehouse-door and found it broken, the lock was completely broken off—we found the prisoners, and M'Carthy, who got away, down in the back cellar or vault all huddled together—the cellar is underneath the warehouse—you get to it by a door from the warehouse—they must be inside the warehouse to get to the cellar—there is no other way to get in—this was about half-past three o'clock, before day-break.
WILLIAM HENRY ABBOTT . I am an officer of Lambeth-street. I know the warehouse in question—it is in the parish of St. Olave, Hart-street—I was doing duty as patrol—when I came to Flowerday, about a quarter-past three o'clock, he gave me information respecting Bradley's warehouse—I went to the warehouse door, shook it, and hallooed out, "Who is here"—I heard a great scrambling in the warehouse—I went round to the private door, and Mr. Bradley answered me—I called a watchman down to my assistance—we went through the dwelling-house—I found the other warehouse door broken open across the yard—I found the lock broken off the back warehouse door, and tobacco thrown about in all directions, and cigars; one of them had been lighted—another door was broken open—two lucks were forced—Mr. Bradley said there was a cellar in front; and in an archway there, I saw the three prisoners and another
man altogether there—they must have gone through the warehouse to that cellar—there was a great quantity of tobacco thrown about, and about 10 or 12lbs. wrapped up in an old coat by the cask.
PETER MUNT . I am a Ward officer. The prisoners were taken to the watchhouse—I searched Wilson, and found on him this box filled full of tobacco, and this parcel of tobacco stuffed inside his trowsers, between his skin and trowsers, a broken stick of sealing wax, two pick-lock keys, 1s. 5 3/4 d. in copper money; and 3s. 6d. I found in the lock-up place afterwards, which he said belonged to him—here is the lock of the warehouse, and the box staple which was forced off, and these two chisels and lucifer-box were found on the premises—I found a skeleton-key on Cook.
JOHN DORE . I am warehouseman to Mr. David Bradley. The warehouse in question is in his occupation, and joins the dwelling-house—there is an internal communication—on the night of the 11th of April, I was alarmed—the warehouse window was three or four inches up—it is sixteen feet from the ground—they might have got in by getting up the water-spout, which had been moved out of its place, and partly pulled down—the door leading from the dwelling-bouse to the warehouse, was broken open—the lock was nearly wrenched off—the counting-house desks were both broken open, and 7s. or 8s. in copper missing, and 7s. in silver, about 2lbs. of cigars removed from a box in the counting-house, and put on the counter in the warehouse—I saw a match-box there—the prisoners were found in the cellar, which they must have gone through the warehouse to get to—the tobacco was wrapped up in a coat of mine, and had been moved from its proper place, and is the prosecutor's property—we found seven locks broken altogether—one in the dwelling-house—that was the warehouse door leading to the dwelling-house—I saw the chisels found—there was several hundred weight of tobacco on the premises manufactured, and a great deal of leaf tobacco.
Wilston's Defence. We are charged with stealing 12lbs. of tobacco, a coat, and two hundred cigars-it cannot be proved they were found on us—we saw the man, who has escaped, there as we went by, and he called us in.
(John Herring, carpenter, Baker's-row, Whitechapel, and Elizabeth Brown, dress-maker, Walbrook-street, Cannon-street-road, gave Cook a good character.)
WILSON— GUILTY . Aged 19.
RUSSELL— GUILTY .* Aged 20.
Transported for Fourteen Years.
COOK— GUILTY . Aged 22.
HENRY WILLIAM KING . I am a journeyman bookbinder, and lilve in John-street, Spa-fields. The prisoner came into my service on the 3rd of April, as a weekly servant; she left next day—we missed a cloak and two books—I have found the books at a pawnbroker's in Gray's-inn-lane.
ELIZABETH CAROLINE KING . I am the prosecutor's wife. I missed my cloak on Saturday, the 4th of April, off a hook inside the bed-room had given to notice—I had seen it a quarter of an hour before she left.
JAMES HAYES . I am shopman to Mr. Brown, of Upper North-place, Gray's-inn-road, pawnbroker. I have two books pawned for 3s., on the 4th of April, by the prisoner, in the name of Ann King—she offered a
cloak in pawn for 6s., which I refused—I asked who she brought the books from—she said either her master or father.
(Property produced and sworn to.)
GUILTY . Aged 17.— Confined Six Weeks.
HENRY KOOLMAN . I was on Holborn-hill on the afternoon of the 27th of April. I saw the prisoner take a handkerchief from Mr. Clifton's pocket, and give it to another, who ran away with it across Holborn-hill to Fetter-lane—I stopped the prisoner, and informed Mr. Clifton—the handkerchief was a darkish red—I was about three yards from him when he took it—seeing him go to the other boy, I called out—I am certain he is the person.
THOMAS GEORGE CLIFTON . On the 27th at April I was on Holborn-hill—I lost a handkerchief, which had a good deal of dark red colour—I heard a call of "Stop thief," looked round, and Koolman pointed out the prisoner as the person—I had felt it safe a moment before.
Prisoner. The policeman told me I should be transported, and told the witness he would get his expenses at the Old Bailer.
GUILTY . Aged 24.— Transported for Seven Years.
WILLIAM WALLIS . I am a tailor, and lire in Whitecombe-street, St. Martin-in-the-fields. The prisoner came to my shop on the 10th of April, between eight and nine o'clock in the evening, and said he wanted a pair of trowsers; that he had got a pair on that he had bought of me, which he approved of, and that was the cause of his coming for another pair—I showed him a pile of waistcoats and trowsers—he pulled down three waist-coats and a pair of trowsers—there was a man at the door in the passage—that man opened the shop door, and the prisoner went off with a pair of trowsers and three waistcoats—he walked out—I called out "Stop thief," and he was shortly secured—I have seen the property at the station-house.
Prisoner. Q. Am I the person? A. You look like the same person—he seems the same man—I am pretty clear of it—I swear he is the man.
JAMES WILLIAM COE (police-constable C 178.) I was in Panton-street on the evening of the 10th of April—I heard a cry of "Stop thief"—I saw the prisoner running—he dropped two waistcoats—I picked them up, and pursued him to Oxenden-street—he was there stopped in my sight—I had not lost sight of him at all—he dropped the waistcoats in Panton-street, and was stopped in Oxenden-street.
WILLIAM ROBERTS (police-constable 152.) I was on duty in Coventry-street on the 10th of April—I heard a cry of "Stop thief"—I saw the prisoner running, and stopped him in Oxenden-street—a lad gave me a waistcoat and a pair of trowsers—he is here—Coe came running up immediately.
GEORGE WEBB . I am in the employ of Mr. Ashley, a bookseller, and live in Jermyn-street. I was in Panton-street, and saw a man running, who, I believe, was the prisoner—he dropped a pair of trowsers, and one waistcoat—I took them up, and delivered them to the officer.
Cross-examined by MR. DOANE. Q. How near were you to the person? A. About six yards, when he dropped the things, but I lost sight of him—it was between eight and nine o'clock in the evening—I do not positively swear to him.
WILLIAM WALLIS re-examined by MR. DOANE. Q. Were there many other persons in your shop? A. None at all—nobody came in during the time—a man stood in the passage, and opened the door for the prisoner—I ran out to follow the prisoner—I came up with him in Oxenden-street, not above five hundred yards—I turned two comers, and I dare say I lost sight of him—I did not see him at all till I went up to him—it was rather dark—I am quite sure he is the man.
(Property produced and sworn to.)
GUILTY . Aged 25.— Confined Six Months.
SAMUEL JAMES PETTET MATTHEWS . I am a pawnbroker, and live in Whitecross-street, and am in partnership with my brother. On the 14th of April, in consequence of information, I followed the prisoner in White-cross-street, carrying a bunch of cabbages, with this frock under them—I laid hold of her, and said, "You have my frock there"—she said, "I have not"—I removed the cabbages, found it, and gave her in charge—it had been pinned to some curtains at the door-post two minutes before.
JAMES BRANNAN (police-constable G 206.) I received the prisoner in charge with the frock—she told me the frock was not found on her; and if it was, she did not care a d—n, for she had no home—she was not sober.
(Property produced and sworn to.)
GUILTY . Aged 45. Confined One Month.
The prosecutor did not appear.
NOT GUILTY .
CAROLINE PHOERE GRIFFITHS . I am the daughter of James Griffiths, a tailor, in St. John-street—I am ten years old. On the 19th of April, I was by the Eagle Tavern, walking with another young lady—the two prisoners came behind me, and snatched the necklace off my neck—there was nobody else near me—they broke the necklace—I turned round, and saw them run down the steps—I could see it in the hand of one of them—I think it was May's—they dropped it—I screamed, and cried "Stop thief," and they were stopped—the necklace was given to me by a witness—my neck was scratched.
Cross-examined by MR. PHILLIPS. Q. Were there not a good many people going backwards and forwards? A. Nobody near me—there were
not many people in the street—there was more than ten or twelve—I believe the necklace was in May's hand, but I am not certain.
RICHARD GODDARD . I am the son of Samuel Goddard, of Turner's Rents. On the afternoon of the 19th of April I saw the prisoners run down Turner's Rents, down the steps from the Eagle walk—I heard the little girl halloo out, "Stop thief"—I ran after them, and came up to them—I heard one say to the other, "Bill, bung 'em," and one of them chucked the beads down—I took them up, and gave them to the girl, who gave them to the policeman—the prisoners were stopped in my presence—I am quite sure they are the boys.
NATHANIEL CATER (police-constable N 264.) I saw the prisoners in the Wenlock-road about five o'clock, being pursued—I took them into custody—the prosecutrix gave me the necklace—her neck had four scratches on it, which were bleeding—Brown said he picked the beads up, and put them into his pocket; and having a hole in his pocket, they dropped to the ground—May said he only ran on seeing the other men. and knew nothing about it.
May's Defence. Several people were running after us, calling "Stop thief"—I stopped, and turned to see what was the matter—I did not know any thing about it.
MAY— GUILTY .* Aged 13.— Confined Six Months.
BROWN— GUILTY . Aged 12. Confined One Month.
Before Mr. Sergeant Arabin.
1143. THOMAS EDMEAD was indicted for stealing, on the 8th of May, 1 purse, value 1s.; 4 sovereigns, 1 half-sovereign, and 6s.; and 4 £5 Bank-notes; the goods and monies of Benjamin Francis Dalton Wilson, from his person.
BENJAMIN FRANCIS DALTON WILSON . I am a captain in the Army. I was in Pall-mall about a quarter past two o'clock in the afternoon—my purse was in my coat-pocket—I felt a slight touch at my pocket, turned round immediately, and saw the purse in the prisoner's hand—I collared him, and took it from him, and gave him to a policeman who came up—it contained four £5 notes, four sovereigns, one half-sovereign, and 6s.—I can swear to the notes.
Prisoner's Defence. I was going along Pall-mall, about two yards behind the gentleman—a lad, about a yard and a half before me, made a start, and threw the purse down—I picked it up, and the gentleman charged me with stealing it.
MR. WILSON. The prisoner was close upon me, almost treading on my heels—there was another with him who ran off.
GUILTY . Aged 18.— Transported for Seven Years.
ROBERT COURTNELL . I am in the service of James Brown, a salesman, in Newgate-market. I had a horse of his near Smithfield-market, with a saddle on it—I came home about a quarter before five o'clock in the evening, tied the horse to the stable-door, and went away for two minutes to fetch it some water—when I came back somebody had taken the saddle
off—I looked about, and saw the prisoner with it—he was quite a stranger—he had got about the length of the Court from the horse—I called "Stop thief—he dropped it, and ran off, and was secured directly—this is the saddle and straps—it had been girthed on the horse as usual.
CHARLES PRICE . I am a plumber, and live in Smithfield. I saw the prisoner leaving the gateway, with a saddle on his shoulder—I heard a cry of "Stop thief"—he threw it down, and ran across the road, into Cock-lane—I secured him.
Prisoner's Defence. I was coming along Giltspur-strcet—I saw people running, and heard a cry of "Stop thief"—I followed them down Cock-lane, and was standing there, the prosecutor came up and said, "I think that is the man"—Price came and asked what was the matter—I said, "I believe somebody has stolen a saddle."
GUILTY . Aged 24.— Confined Six Months.
JOHN JOANES JACKSON . I am a druggist. On the 17th of April, I was in the City-road about six o'clock in the evening—there was a crowd round an omnibus—I stopped with the crowd—I put my hand to my pocket to feel if it was safe, and missed my handkerchief, which I am sure was there before—I turned round immediately, and perceived it in the prisoner's hand, close behind me—I took hold of him—a policeman was standing near me—I told him the circumstance, and gave the prisoner in charge.
Prisoner. Q. Can you swear positively that I stole it? A. No; it was in your right hand by your side.
(Properly produced and sworn to.)
GUILTY . Aged 17.— Confined Six Months.
1146. SARAH POTTER was indicted for stealing, on the 14th of April, 1 bag, value 1d.; 17 sovereigns; 28 shillings; and 1 sixpence; the goods and monies of John Allum.—2nd COUNT, stating them to be the goods and monies of John Harvey.
JOHN ALLUM . I am a labourer, and live with my matter at Waltham Cross, Cheshunt; his name is John Harvey, he is a farmer. On the 14th of April, I brought two loads of hay to town, to Mr. Sweeden, the salesman, who gave me a note to go to a gin-shop to receive 18l. 15s. 8d., on my master's account—I went and received the money—there were 17 sovereigns, and 28s. 6d. in silver—I put it in my purse, all but two shillings, and put the purse into my right-hand trowters pocket—it was between three and four o'clock in the afternoon—I fell in with the prisoner at the Angel, in White-chapel—I had neverseen her before—I went to try and change some halfpence away for silver, and the prisoner offered me a glass of gin; I drank it—I tossed for four pies, and lost 6d.—I gave the prisoner one pie, and another woman who was with her, and a strange man one, and eat one myself—I was then going to drive home; and on going up Brick-lane, I saw the prisoner on the path, about two-hundred yards from the public-house—she said nothing till I got near the Frying-pan, in Brick-lane—I stopped there, and called for a pint of beer—the prisoner asked what I was going to give her to drink;
I said, "some beer"—the offier woman was with her then—I drank some, and gave her the pot to drink, and she gave it to the other woman—I palled 2d. out to pay for it—the prisoner put her hand into my pocket, and drew my purse out—I felt her hand in my pocket, and saw the purse in her hand—I struggled, and as soon as she, turned round, I caught hold of her, and never let her go till the policeman took her—she passed the purse between her legs to three or four more, who received it, and ran up an alley—I saw them run away with it—I hallooed out for assistance, and the policeman came up—I never got my money—I am sure she is the woman, for I never let her go—she tried all she could to get away.
Cross-examined by MR. DOANE. Q. What kind of a purse was it? A. Brown Holland; rather large—I had been drinking for about five minutes; all I had was one glass of gin—the women overtook me again—I stopped my horse at the door—I was not waiting for them—I did not see them till I stopped my horse—we all went into the house—I did not receive the money at the Angel, but at the gin-shop—I felt her hand in my pocket at the Angel—I made no proposals to the prisoner—I felt her hand in my pocket, and laid hold of her directly—the took it out, and she dragged me out at the door—I was close to her all the while till the policeman took her.
COURT. Q. How many women were there at die time? A. Three or four.
ESTHER DURANS . I am the daughter of the last witness. I was in the bar—the prisoner and prosecutor were there—I saw the purse in the prosecutor's pocket, and saw the prisoner take it out of his pocket—I do not know what she did with it.
Cross-examined. Q. You saw it in the man's pocket? A. I did The strings of it hung out, and so did part of the bag—the proeecutor was standing up—the prisoner was by the side of him—he made a resistance—I do not recollect whether I called out or not—I do not know what she did with it—I took no further notice—I was frightened.
GUILTY .* Aged 29.— Transported for Fourteen Years.
THOMAS GALE . I am independent—Mr. Jordan's house is in Gold-smith's-place. On the 27th of March, I was in front of our house, which is under repair—I saw the prisoner put his hand np to some of the articles exposed for sale, but did not see him take any thing away.
RACHAEL JORDAN . I am the wife of Benjamin Jordan, who keeps a clothes' shop. I saw a boy about the shop for twenty minutes or half an hour, he looked at the articles, but I did not see him take any thing; he did not come into the shop—about half an hour afterwards I missed a, pair of shoes—when I received information—they were taken from the door-post, it was full half an hour after the prisoner had been there.
Cross-examined by MR. DUNBAR. Q. Did you know the lad you
saw there? A. I said instantly, "I should know him again if I saw him"—I did not know him at the time—it is a public carriage road.
ANN COLLINS . I am a char-woman. I saw the prisoner take the shoes from the shop—I never saw him before—he was taken into custody a week afterwards or more—I swear he is the person—he was gone in an instant after he took the shoes.
Cross-examined. Q. Where do you live? A. In Goldsmith row, two doors from the prosecutor—I was about a dozen yards from Jordan's, looking out of window—I did not go to the prosecutor and tell him—I went down stain and mentioned what I had seen—I gave information of this about a quarter of an hour or half an hour after—the boy walked very quick—he turned his back to me when he went away—I saw his face first—I swear he is the boy—it did not occur to me that they were stolen.
MRS. JORDAN re-examined. This witness did not come to me to tell me about it at all.
Cross-examined. Q. How long after the robbery was this? A. The robbery was on the 27th of March; I took him on the 6th of April—I have ascertained that his friends are respectable.
NOT GUILTY .
NEW COURT.—Tuesday, May 12th, 1835.
Fifth Jury, before Mr. Common Sergeant.
SUSAN SAUNDERS . I live at No. 6, Golden-square. The prisoner lived with me as footman—he absconded on the 5th of April, and the greater part of my plate was missing—he had the care of it—I examined it truth him when he came into my service in the Spring of last year—he was thirteen months in my service—when he was gone I missed sixteen or seventeen spoons, and three forks—I think the whole was worth about 10l.—these spoons are mine, they have my name on them.
GEORGE STONE (police-constable C 99.) I went after the prisoner—I found him in Barlow-court, Marylebone—I told him I wanted him for robbing his late mistress—he said he thought it was all dropped, as his father had called there—he told me the best part of the plate was at Mr. Harrison's, in Wardour-street, and some at Mr. Alderson's—he said he had been out drinking, and had not the money to redeem it, and he went away.
GUILTY of stealing of the value of 99s. Aged 18.—Recommended to
mercy by the Prosecutrix and Jury.— Transported for Seven Years.
containing two beds—on the 4th of April, I left my breeches on a box, and my stockings about a yard from my head—there were two sovereigns and a half-sovereign in my breeches when I went to bed—the prisoner slept there that night with another man—I missed my money and stockings—the prisoner came home drunk that night with my stockings on—I spoke to him about it—he said he knew nothing about it, and he did not believe they were my stockings, I can swear to them—I mended the heels myself.
Prisoner. The other person who slept there was his grandson—he has been in trouble two or three times. Witness.—I do not know that he has been in trouble, I heard he had—I saw him get up and dress himself—he did not go near the box—I think the prisoner had my money, as he had not been in work for two or three weeks, and he came home drunk that night, and the next—my daughter hat been robbed since the prisoner has been in prison.
Prisoner's Defence. I put the stockings on while my own were washed—I am innocent of the money.
NOT GUILTY .
RICHARD LESTER . I am a melter and tallow-chandler, in the employ of Henry Harris—he lives in Marylebone. I was in the employ of Mr. Hammond, who lived there before him—the prisoner worked for Mr. Hammond—there is a melting-house and a passage leading into Paddington-street—on the morning of the 8th of April I missed some kitchen-stuff and dripping, and a firkin—I had emptied the firkin partly at eleven o'clock the night before—this is the firkin.
Cross-examined by MR. MAHON. Q. How many men were in Mr. Harris's employ? A. One—the prisoner was not in his employ—this is a common Irish butter-tub, they come here by hundreds, it had been full of butter-scrapings—I emptied it out on the night before.
THOMAS JAMES WEST . I am in the service of Mr. Harris, as errand-boy—Lester ordered me to empty the tub—I began to do it—he was in a hurry and took it up and began to do it himself—the tub was then put down by the side of the tub the fat was in.
Cross-examined. Q. Is not your proper place in the shop? A. Yes I can swear to this tub—I take notice of every tub that comes in—I sometimes take the marks of the tubs on paper, but I did not of this one.
GEORGE COX . I am in the service of Mr. Knowles, in Orange-street On the 8th of April, about seven o'clock in the morning, the prisoner brought this tub of kitchen-stuff, it weighed 591bs.—he was paid 12s. 6d., and left the tub behind the door—I knew him before.
Cross-examined. Q. When had you seen him before? A. He once brought some fat to our warehouse—many firkins are brought to the warehouse, as much like this one as possible.
RICHARD LESTER re-examined. Q. How do you know this firkin? A. When I received it there were five hoops on the end—I put it down and three hoops came off—I put them on again and two hoops came off, and were left in the warehouse, by which I can swear to it—I see it is No. 12, but there was a mark on the figure one I did not see.
Cross-examined. Q. Are there any other marks on it? A. Yes; "No. 2, Sligo"—there are a great many firkins come from there—others may
have the same marks on them—there was no other tub like this in the warehouse—I know the prisoner has dealt in kitchen-grease.
JURY. Q. Is it not common to lend tubs? A. Yes; but we did not lend this, it was in the warehouse between eleven and twelve o'clock the night before, and was gone the next morning.
Cross-examined. Q. Then he was close to Mr. Harris'? A. Yes; but to get to his premises he had to get over a wall—it was three o'clock in the morning when I took him.
Prisoner's Defence. The wall was eight or ten feet high, it would have broken the firkin all to pieces, had I got it over there.
NOT GUILTY .
1151. WILLIAM BROWN, JOSEPH NIXON and CHARLES DUNCOMBE were indicted for stealing, on the 20th of April, 50lbs. of lead, value 9s., the goods of John Negus, and fixed to a building, against the Statute.
JOHN NEGUS . I have a house in Bishopsgate-street, but I do not live there—it is under repair—I examined it in consequence of information, and found one of the boards of the hoarding had been removed, sufficiently to admit a person in—a large portion of lead was taken away which had been fixed on the roof—I have examined this lead, and fitted it—it exactly corresponds—I can confidently swear to it.
Cross-examined by MR. PHILLIPS. Q. When had you seen it safe? A. At six o'clock in the evening, on the 20th of April, fixed and firm; it was missing at eight o'clock the same evening, when the prisoners were taken.
ABRAHAM STANNARD . I live in Sweet Apple-court. On the 20th of April, I came up the court, and on looking up to the prosecutor's house, I saw two persons climbing up the tiles of the roof—I gave Mr. Castle information—he went and got two officers—I placed myself against the door, and when the officer came down, I went out of Mr. Castle's window, and came down the house to the first floor—I found the prisoners, Nixon and Duncombe, behind the door, it was then very near eight o'clock—Charles Duncombe pointed forward to another room, and Brown was found in there—I went out on the roof and found the lead of two roofs had been taken away, and was in the prosecutor's passage ready to be carried away.
Cross-examined. Q. You only saw two persons on the roof? A. No; I think they were Brown and Nixon.
(Nixon and Duncombe received a good character.)
BROWN— GUILTY . † Aged 19.— Confined Three Months.
NIXON— GUILTY .—Aged 19.
DUNCOMBE— GUILTY .—Aged 13.
Confined One Month.
WILLIAM PARK . I live in Liverpool-street, Broad-street, and am a clerk in a mercantile house. I was walking in Gower-street, about six or seven o'clock on the evening of the 11th of April—I felt somebody tug-ging at my pocket, and on turning round, found my handkerchief had been taken, and was in the prisoner's hand—I pursued, he ran down Keppel-street, I ran after him; I took the handkerchief out of his hand before I pursued him—I was alone—it was day-light—lam sure he it the man, and this is the handkerchief—I had never lost sight of him.
Prisoner. Q. Did you see me running? A. Yes, but you stopped I when you saw me.
GUILTY. Aged 18.—Recommended to mercy by the Prosecutor. — Confined Three Months.
FITZOWEN GOODWIN STONE . I live at Ware, in Hertfordshire, and I am a stage-coach proprietor. The prisoner was in my employ—on the 3rd of April I gave him, at Tottemham, a £10 note to go and pay a bill, and he went away with the change.
NOT GUILTY .
THOMAS KEOGH . I am servant to the Honourable Mrs. Carter, of Richmond. On the 13th of April, about three o'clock in the afternoon, I was with her carriage in Leicester-square—I got off the carriage to wait for my mistress coming from the Panorama—I had left two coats on the dicky behind, one was my own, the other a young gentleman's who was with my mistress; when I went back to the carriage with my mistress the coats were gone—these are them.
JOSEPH ASTELL . I am an officer. I was in Castle-street—I saw the prisoner running very fast with some clothes on his arms; I pursued and took him with these two coats; I said we had had a very sharp run—he said, "Yes, we have, I must make the best of a bad bargain"—the pro-secutor came up and claimed the property.
Prisoner's Defence. I deny that I said I had had a sharp run—I deny stealing the coats, or being in the street—I was going down Castle-street and heard a cry of "Stop thief"—I saw a man drop the coats—I pursued him, and was taken.
GUILTY . Aged 36.— Transported for Seven Years.
GEORGE WIRKSTEAD . I keep a shop in Wardour-street. I had a music-stool in my shop on the 15th of April—I saw it safe a little before three o'clock; I then heard something, and went out—I saw the stool on the prisoner's shoulder just going round the corner—I followed nim gently, and took him about a quarter of a mile off—he was going at on easy run—I asked him where he got it; he said, a boy asked him to carry it—he strug-gled to get away, but I got it from him and took him.
Prisoner's Defence. A man I did not know told me to carry it to Charing-cross.
GUILTY . Aged 15.— Transported for Seven Years.
MARY KENDALL . I am servant to Mr. Tyler, of Arbour-square, Commerical-road. On the 27th of March the prisoner came in the afternoon and asked for the last pair of new boots that Mr. Tyler had made for him—I had never seen him before—I told him I had no orders to give any boots, be had better call in the evening; he said no, he was to have them then—he said Mr. Jones in the Road had sent him—I brought him down one pair—he said those were not right—I took them up again, and drew the boot-rack into the passage; he called up, "I know them when I see them"—I said, "Then if you know them come and look for them;" he came up and drew out a new pair, the bottoms were not soiled—he said he would return them in the evening—I never saw him again.
GUILTY . Aged 21.
SARAH PEARSON . I keep a lodging-house in Turner-square, Commercial-road. The prosecutor lodged there—the prisoner came on the 31st of March, and said he came from Mr. Jones, in Whitechapel-road, for a pair of boots of Mr. Christopher's, to be stretched—I said I had no orders to give them, but I brought down two pair, and he took one—he said he would bring them back in the evening, but I never saw him again till he was in custody.
GUILTY . Aged 21.
me for a pair of new boots of Mr. Alderson's, which were to be stretched, and he would bring them back that night, but he did not.
GUILTY . Aged 21.— Transported for Seven Years.
JOSEPH UPCOTT . I live in High-street, Hoxton, and am a wheelwright. I let out trucks for hire—on the 11th of March the prisoner came to me for a truck—he said it was to go to the West end of the town, and then to the West India Docks—I had not one in—he said he would wait till he had the one he used to have—he then saw it come round the corner, and I said, "Take it"—I asked where it was going, and he told me—I sent a lad to see if it was right, and it was—the prisoner did not return; and on the 19th of March I found my truck in Brick-lane, where it had been sold—I made it myself, and it has my name on it in seven or eight places—I would not have taken 5l. for it.
GEORGE KENNEY . I bought the truck of the prisoner on the 11th of March for 2l. 5s.—I did not know him before—he called on me early in the morning, and asked if I bought trucks—I said I would buy it, and he brought it about five o'clock in the evening.
Prisoner. It was only 1l. 5s. he gave me; 14s. that night, and 11s. in the morning. Witness. No; I gave him 1l. 4s. that night, and 1l. 1s. the next morning—I sold it for 50s. to Mr. Webster, the tobacconist, two or three doors off.
HENT LAMBERT (police-sergeant N 2.) On the 6th of April the prisoner came to Hoxton station-house and gave himself up on the charge of stealing this truck—he said he could get no employment, and that he had sold it to a broker in Brick-lane for 25s., and he had no peace of mind since.
The pisoner pleaded poverty.
GUILTY . Aged 23.— Confned Two Days.
MR. PHILLIPS conducted the Prosecution.
OCTAVIUS YOUNG THISELTON . I am parish clerk of St. Pancras. I produce the Register-book of marriages in that church in 1833—on the 28th of June that year, Samuel Webster and Ann Norbron were married—the witnesses were Ann Parfett and Edward Smith.
Cross-examined by MR. DAWSON. Q. Do you know whether the banus were published? Q. Yes, they were.
MARY FIRTH . I am single—I live as housekeeper at No. 19, Mary-street, New-road—I know the prisoner, and of know Ann Norbron—I have frequently seen her write—I believe this signature to be her writing—she is alive and now in Court—I knew her when she was living with the prisoner—I visited them in Park-street, Dorset-square—they lived together as man and wife—I believe they had lived in the same service together a good many years—the prisoner came to me before she left service, and said did I know that Ann was going to leave—I said, "No"—he said she was, and did I know her name was Webster—I said I did not—I asketd how long her name had been Webster—he said nearly twelve months—
that was the latter end of August last—he said they were going to lodge at No. 19, Park-street, which was the place where I afterwards visited them; and he gave me some money to buy some things which Mrs. Webster would want, and which I got for her—I asked him if they were married at St. Pancras—he said, "Yes."
Cross-examined. Q. How often have you seen Ann Norbron write? A. Very frequently; generally every three or four weeks—she wrote letters—I have seen her write, and read it afterwards—she was then living at Mrs. Brown's, at Islington—the prisoner was living in Dorset-square—he said she had been in service long enough, and she should then come home—she was going to live in an apartment which the prisoner had taken for her—the prisoner then left service, and went and lived with her.
MARY ANN CHRISTIAN . I am the wife of William Alexander Christian. I have lived in some services with the prisoner—I have seen him write several times—I know his writing well—I believe this signature to be his writing—I saw him last July; he told me he had been married to Ann Norbron about three months, and they were married in St. Pancras church—I had never seen her, but I had lived fourteen months in the same place with him—he told me she had got a situation at Islington.
Cross-examined. Q. Will you swear that is his writing? A. I believe it is—I said so before the Magistrate—I have no recollection of saying I did not believe it to be his writing.
SOPHIA LUKE . I am cook at Mrs. Brown's, Waterloo-house, Islington. I know Ann Norbron, she lived there—the prisoner came, and said she was to leave—he said they were going to live in Yorkshire—he afterwards told me they were married, and were going to live in Park-street—I visited them there twice.
Cross-examined. Q. Do you know that they lived as man and wife? Yes; they at first passed as brother and sister.
JOSEPH LANGDON . I am clerk of the district church of St. Mary Bry-anstone-square. I produce the register of marriages in that church, by which it appears that Samuel Webster and Elizabeth Thorburn were married, by banns, on the 11th of October, 1834, by W. H. Charlton, curate, in the presence of Thomas Munday and Elizabeth Smith.
JOHN PEITCHARD (police-constable L 160.) I took the prisoner into custody—he asked if I had got the certificates—I said yes; and how stupid he must be to marry two women—he said he was infatuated, and he could not have avoided it, had he been to be hanged the next minute.
"Thursday Evening, Oct. 23rd.
"DEAR SIR,—Doubtless you were much surprised to hear of my marriage with your daughter. I trust, however, that whatever your feelings are, anger is not amongst them, for I flatter myself you have not any objection to me, at least, my wife tells me so. I hope, if you think she has been too precipitate, you will forgive her, for I am sure her gentle spirit must soon sink under the weight of her father's displeasure. I will do all in my power to make my loved wife happy, and endeavour to prove to you and to her, that I am not unworthy of the choicest gift heaven had to
bestow. Great, however, as is my love to your daughter, I would rather have perished than married to satisfy a sordid and selfish desire; but, being fully aware I could provide a comfortable home for her, and feeing I could not live happy without her, and knowing, too, that my love was re-turned, I did not hesitate to propose an immediate union, without asking your consent. I hope we shall have the pleasure of seeing you and Mrs. Thorburn on Sunday, and then I hope to explain all to your satisfaction. I cannot say more, as my time is limited to ten minutes, for I expect to be called every moment; and must conclude, with kind respects to all, and believe me, yours to command, S. Webster.—Elisabeth desires her love."
Prisoner's Defence. I am not the person who married Ann Norbron—I married the second person.
(Mr. Plunket, of Dorset-square, gave the prisoner a good character.)
GUILTY . Aged 25.— Confined One Year.
MR. DOANE conducted the Prosecution.
BENJAMIN CROSS . I am a porter in the employ of Messrs. Pickford, at the City basin. On the 15th of April, the prisoner Gwilliam brought eighteen casks in the morning; and in the evening he came again with Rowley, and brought ten more—I know Gwillim was in the employ of Mr. Holt, who is agent to Messrs. Bass and Ratcliff, ale brewers, at Burton—on-Trent, and I knew Rowley had been in Mr. Holt's employ—the whole twenty-eight casks were the property of Messrs. Bass and Ratcliff—they were to be shipped to go back to Burton—on-Trent—I placed the ten casks which they brought in the evening, by the side of the eighteen, but kept them separate, though Gwillim wished me to mix them—after the casks were out of the cart, the number was taken down, and I went with Gwillim to Mr. Kemp to get his book signed, and left Rowley with the cart—Mr. Kemp signed the book, with the number of the casks—when I came back, the two prisoners were in the cart, going away with it, and were standing before a cask, which was then in the cart—there had been no cask left in the cart, when the ten were delivered—I missed a cask from the yard, and went after them; and when they had got about a hundred yards, I stopped them, and asked what they were going to do with that cask—Gwilliam said, "God bless me, how came it here?"—I said, "One of you must have put it in, and if you do not roll it back again, it will be the worse for you"—I gave information to Mr. Tibbett, and Rowley was taken—he rolled the cask back, and Gwillim went off with the cart.
Cross-examined by MR. PHILLIPS. Q. You desired them to roll it back, and Rowley did so? A. Yes; Gwillim went home, and was taken afterwards—they stood before the cask in the cart—they stood with their faces next to me—the cask was next to the horses—it took Gwillim about three minutes to get his book signed—there were a good many men about the yard, but not where the prisoners were—I went with Gwillim to the booking-place, and I returned about two minutes after him.
MR. DOANE. Q. Could they have driven off without seeing the cask in the cart? A. No.
NOT GUILTY .
OLD COURT.—Wednesday, May 19th, 1835.
Third Jury, before Mr. Sergeant Arabin.
WILLIAM HANNAY . I live at Nottingham. On the 12th of May, between twelve and one o'clock, I was in Billingsgate-market—I had a handkerchief in my coat-pocket—I did not feel it taken—I received information from a boy and missed it—the boy said he could point out who stole it—I followed him—he pointed out the prisoner, after running about one hundred yards—I did not see him running—I secured him and found my handkerchief in his hand—he said he found it—it was safe in my pocket before it was taken—this is it.
WILLIAM STEVENS . I was in Billingsgate-market—I saw the prosecutor and another gentleman walking round the market—the prisoner and two other boys walked down the market, one after the other—the larger boy took the gentleman's handkerchief, and handed it to the prisoner—they all three wept down Dark-house-lane—I told the gentleman—we followed and took him—he said he had picked it up, but I saw him receive it from the other boy.
Prisoner's Defence. I was sitting on a stool—I saw the handkerchief under the shed—I took it up and walked through Billingsgate with it in my hand to see if any body owned it.
GUILTY . Aged 15.— Confined Six Months.
JAMES BURNS . I am a bookseller, and live in Portman-street. On the 27th of January, the prisoner came into my shop with a message from Mrs. Spencer Percival, for two books—I did not know him before—I had not got the books at the time—I said I would procure them, and he was to call about half-past four o'clock for them, which he did—they were not ready—he asked me to show him some Bibles, one of which he wanted to buy for himself—two or three were shewn to him—there were other people in the shop which drew our attention from him, and in a few minutes he was gone—I missed a Bible and a Court Guide from an adjoining table—I heard nothing more of him—he never came back again for the books—I am certain he is the same person.
(Property produced and sworn to.)
The prisoner put in a written defence, pleading poverty.
GUILTY . Aged 37.— Transported for Seven Years.
There was another indictment against the prisoner.
Before Mr. Justice Park.
1164. WILLIAM HALL and MARTHA HANDCOX were indicted for stealing, on the 28th of March, at St. Marylebone, 5 necklaces, value 760l.; 4 pair of ear-rings, value 294l.; 8 broaches, value 160l.; 3 rings, value 156l.; 3 pair of bracelets, value 20l.; 1 other bracelet, value 70l.; 1 cross, value 45l.; 1 ornament for the head, value 100l.; 1 airgrett, value 150l.; 1 watch, value 10l.; 10 strings of beads, value 2l.; 6 pieces of foreign gold coin, value 3l.; 30 pieces of foreign silver coin, value 2l.; 3 precious stones called diamonds, value 2l.; 1 seal, value 10s.; and 4 pieces of amethyst, value 5s.; the goods and monks of Charlotte Collins, their mistress, in her dwelling-house.
MESSRS. ADOLPHUS, BODKIN, and GUENEY, conducted the Prosecution.
MRS. CHARLOTTE COLLINS . I am a widow, and live at No. 26, Man-chester-square, in the parish of St. Marylebone—I keep the house—the prisoners were in my service, one as butler and the other as lady's maid—the ladies' maid had been with me seventeen yean, and the butler two years—in March last my son was on a visit at my house sleeping there—the prisoner Handcox slept in the same room as me—there is a dressing room immediately adjoining the room in which I slept; it communicates with my bed-room, and there is another door to the dressing-room which opens on the landing-place—on Saturday, the 28th of March last, I had in my house the articles named in the indictment—they were altogether of the value of about 2,000l.—they were kept in a jewel-box in a drawer in a chest of drawers in the dressing-room—the jewel-box was a deal box covered with paper, resembling morocco-leather—it had a lock and an old fashioned white plated handle—the drawer was locked—I usually kept the keys of the jewel-box and drawer in my pocket—Handcox always had to put away those jewels when I used them—I thought her so very trustworthy, and trusted her very often with the keys to open the box, and get them out and to put them away—I had dined out on Friday, the day before, and she got out my rings which I wore that day, and she also put them away—I went out in the carriage on Saturday, about two o'clock, and returned about five or half-past—I did not use any of the jewels in the box on that day—I went to bed that night between eleven and twelve o'clock, I believe—Handcox slept in my room that night—when I undress, my pocket was generally left in the dressing-room on a chair, and was so that nigbt, I believe—it contained the keys of the jewel-box and drawer—I was disturbed between three and four o'clock in the morning—Handcox came and stood over me and said, "Madam! Madam! do not be frightened, there is somebody in the house; I am sure there is, because I heard something fall in the dressing room, and a scuffling noise"—I started up in my bed very much frightened and said, "For God's sake what shall we do I what shall we do!" and after a few minutes' consideration, I went into my son's room on the same floor, and alarmed him and his wife—he got up immediately, took up the poker and went over the house to search; and his wifo put her head out of window and called to the police—Handcox told me almost immediately after, that she was excessively glad she had locked the dressing-room door that night, if she had not, she should never have forgiven herself—in consequence of what appeared on an examination afterwards, I discharged the two prisoners on the Sunday.
Cross-examined by MR. CLARKSON. Q. Did you say you had worn the jewels some short time before? A. I wore the rings on Friday; I had been to the box and seen the jewellery shortly before—the witness Sump-ter was not turned away with the other two servants, because I thought her honest—she was never turned away till she was taken into custody—I
did not question her as to the subject of the loss—she confessed to my daughter—she was never charged with any participation in the robbery—I had not any suspicion at all till she confessed—I might have spoken to her about it—she denied all knowledge of it, I think—she did not say she knew any thing of it—I alluded to it in her presence, but I did not accuse her—she said if she had done it she would have confessed; she often said that when I was talking of it—I treated her as an innocent person, and her observations to me were such as an innocent person might have made—I think Hall was taken into custody about a fortnight after he was discharged—I had a cook, footman, and coachman, besides the other servants—Sumpter acted as housemaid—I never had any reason to suppose Sump-ter drank, in my life.
MR. WILLIAM COLLINS . I am the prosecutrix's son. I was on a visit at my mother's, with my wife, sleeping at her house—on Sunday-morning, the 29th of March, I was awoke at three o'clock in the morning by Hancock and my mother coming into my room, which is on the same floor as the dressing-room—there are three room doors opening on the same landing-place; it is on the second floor—I got up, and went down stairs with the poker, and on my way down stairs, I found a window on the same landing-place open—that window is below the drawing-room floor, and there was a shawl hanging out of it—that window looks out behind the house—it does not communicate with any place—it does not open into a yard; it goes down ten or twelve feet on a skylight, which is underneath it—the house is on the east side of the square—I laid hold of the shawl, and put my body out of the window to see if any body was there—it happened to be a still night, and every thing was perfectly still—on my way down, I pulled the bell on the landing-place, to awake those who were below—the men-servants slept below—I then ran down stairs, and down the kitchen-stairs along the passage—I saw Hall coming out of the pantry, or out of the room where he sleeps—he was in his shirt—the police were then knocking at the door—I went up with Hall to the door, and when I got to the hall they were let in—I took them up stairs to the different rooms—the female prisoner was present—the dressing-room door was pointed out to them by Handcox—she said something about "destruction" or "confusion"—she said, "See what is done; the door is open"—I looked at it; it appeared to have been cut down with a knife or chisel, or something of that sort—Handcox pointed out the circumstance, and said, "Look here! look here!"—we went into the dressing-room—I saw the chest of drawen—the drawer was open where the jewel-box had been kept, and there was a little chipping as if somebody had attempted to push the lock down—there was a small cabinet at the top, which opened like a door—I think there was a mark on that, but none of the drawers appeared to have any marks, except the one which the diamonds had been in—that drawer was open when I saw it—I and the policeman inspected the lock of the drawer, and of the door likewise—it was evident to me that it had never been broken open or picked—the two prisoners were turned away on the Sunday morning—I heard nothing more about the matter till the following Sunday—a communication was then made by Sumpter—it was made first to my lady, she sent for me, and Sumpter then made a statement in my presence and my wife's—a piece of metal was afterwards shewn to me, which is here—it was given to me by Mrs. William Collins—it was given to her by the footman, but not in my presence—I know the jewel-box had a handle on the top, and I think the metal was like this.
Cross-examined by MR. PHILLIPS. Q. Did you see Sumpter on the night of the supposed robbery? A. I did not—there was a very general alarm through the house—I was chiefly down stairs—I do not recollect having any conversation with her that night—she has lived in the family seven or eight years—she remained in the family just one week after the robbery, before she made a statement—I had mentioned the robbery to her during that week—I said it was decidedly the prisoners who had done it, because of the locks—she gave me no reason to know that she knew the way it was committed—I did not examine the area gate that night, nor did any one in my presence—the impression on my mind is, that it was Handcox who pointed out the door; I have no doubt of it—I had not paid her any wages shortly before, nor had my mother, to my knowledge—when she was dismissed, I paid her 5l. or 5l. 10s., whatever wages were due to her—she was taken into custody, by my orders, the very day she was discharged, because a table-cloth was found in her trunk, with my mother's initials on it—she appeared before the Magistrate, and was dis-chaged the following day—she was then out of custody till the following Sunday—I told her why I discharged her when I did so.
COURT. Q. When you had her apprehended on the following Sunday, it was in consequence of what Sumpter stated? A. Certainly.
Cross-examined by MR. DOANE. Q. As you were going down, you rang the bell which was down stairs? A. Yet; it was after that I met Hall coming from his room in his shirt—on the Sunday following, I was called up by my wife, and found Sumpter with her.
MR. ADOLPHUS. Q. Was the confession made in consequence of inquiry, or any irregularity on your part, or perfectly voluntary? A. As far as 1 know, perfectly voluntary—Handcox was discharged with respect to the table-cloth, for want of sufficient evidence—she was questioned by the Magistrate respecting the diamonds, and discharged.
DANIEL COOPER , (policeman, D 81.) On Sunday morning, the 29th of March, I heard a cry of "Police," in Manchester-square—I went to Mrs. Collins's house at a quarter before four o'clock—the prisoner Hall opened the door—the footman was there, and the female prisoner—she said to me directly she saw me, "Oh, policeman, we have robbers in the house; there is such destruction; if you follow me, I will show you what they have done"—I followed her to the back drawing-room on the first floor—she said, "Look, here is destruction"—I saw a number of papers scattered about the carpet, and two small portable desks appeared to have been broken open—two or three parcels of pictures put as if ready for the purpose of being conveyed away—they were just merely packed in lots, one on another—she said, "If you will go with me, I will show you where they have broken open the dressing-room door and drawer"—I followed her up stairs—she showed me the dressing-room door, and said, "See, they have broken this door open"—she also showed me a drawer which she said had been broken open—it was one of a chest of drawers in the dressing-room—she took this chisel off the top of the drawers, and gave it to me, and said, "See, this is what they have done it with"—I did not then examine the door or drawer—I kept the chisel in my hand, and said to her, "There appears to be something very mysterious about this, for this is not an instrument generally used by regular housebreakers"—she said, "Indeed, do you think so?"—I said, "Besides, it is very strange they should have passed three bed-rooms, all of which were occupied, and
break open the door of this room; when, had they been strangers, how should they have known but what there was somebody in this room also?"—she said, pointing to one of the rooms, "But they looked into this room; they opened this room, and looked in"—she pointed to the next sleeping-room to Mrs. Collins—I said, "But ean you tell me where they came in at?"—she took me down stairs to the landing of the first flight of stairs—I there saw a window open, and a small piece of a chisel without a handle lying there—it had been broken—I found it on the cill of the window, just as it is—there was the ordinary sash-fastening between the two sashes of the window, but no shutter—that fastening did not appear at all forced—I put my head oat of the window to see the situation of the premises—I saw an immense iron railing, sharply pointed at the top, apparently about seven feet high, on the right-hand side, looking out of the window—the railing occupied the whole of the space on that side—the whole space outside that window is six or eight feet square—the railing forming one side of that square is on the top of a lead flat belonging to the next house, and about the level of the floor I stood on, and the railing above it—opposite to the window is a dead wall, forty or fifty feet high; and on the left-hand side is the window of a water-closet, and the water-closet ran the height of the house, two stories higher—it was the water-closet of the same house—the whole of the space was filled up at the bottom by a glazed sky-light—none of the sky-light was broken.
Q. Supposing a person to have left the house by that window, could they have got out of that space without the assistance of a ladder? A. I am sure they could not—I tried it myself—they must have gone over the leads of the adjoining house, and no other way—on looking info the space, I saw this portfolio standing on the lead flat, within about an arm's length, through the rail—a person standing at the window could put it there without going out—I asked Handcox how long it was ago since she heard the noise, before she gave the alarm—she said, not more than five minutes—I said, "I must go and get more assistance, for I suspect they are not off the premises"—I ran down to the front-door, and found the house was surrounded by policemen, so that it was impossible any one could have escaped without their notice—I found, among the others, Inspector Tyrrell, and accompanied him back to the dressing-room, and more particularly examined the marks on the door of the room—Handcox was there the whole of the time—Hall was more particular in attending to the street-door—I particularly noticed, that the side of the door, near the lock, had been chipped down; but we particularly observed, that there was not sufficient chipped off to admit the chisel to force open the lock—it was the post of the door that was chipped; there was a brass plate on the door-post, into which the bolt of the lock shut; the chipping did not make an opening wide enough to admit an instrument to reach the brass plate, so as to open the door; I considered it impossible—the brass plate had no marks or scratches of any kind—my superintendent arrived with a locksmith, and I went on the lead flat—a person must come over an immense high wall, from a mews, to get on the lead flats—the wall is two stories high from the ground—they would have to pass over the roofs of out-houses of three or four-houses, and then they would come to the iron railing, but they must have ladders to go up and down into the different yards—I got over the iron railing by a common pair of steps, seven or eight feet high, but could not do it without such assistance—I went along on my knees, not to make foot-marks—there was a quantity of black dust, as is usual in such places,
but no foot-marks whatever—I had candle with me—the dust was in such a state that it would most assuredly have foot-marks if persons had been there.
Cross-examined by MR. DUNBAR. Q. Do you mean to say an ordinary chisel will not force back the bolt of a lock? A. Certainly it would—I have been three years and a half in the police—the brass into which the bolt would have shot, had no marks on it; it was a mortice-lock, and the brass plate was fixed to the lintel, held by screws; I was not present at any examination of the brass afterwards—I have seen portable ladders, with hooks to them—I believe housebreakers have them—if any one had secreted themselves in the premises over night, they might have gone out by means of a portable ladder, but they would have left marks of having gone out; a man could not get over by getting on the shoulders of another—the sky-light has a common wooden frame, I believe; I will not swear it is not iron—the plate of the door was fast with screws—I should think the incisions in the door-post were not more than half an inch deep; it was chipped off—I did not perceive that the door itself was at all damaged; the chipping was on the door-post, all that I saw; but I left the examination of that more particularly to my superior—I had not been in the house more than seven or eight minutes before I got assistance—the female prisoner appeared in greater distress than her mistress—she told me she had travelled over a great part of the country with her mistress, and always had the property in her care, and how unfortunate it was that it should go now—I went into every room in the house, and into Hall's pantry—he very readily produced every thing in the room to me that I asked him for—he was about the house when the door was examined—I did not see him—he had a poker in his hand when I went in, and expressed his desire to find the thieves—we searched the coal-cellar—Tyrrell was in the butler's pantry, and I and my sergeant went into a small place—I had only been to the landing before I was engaged up stairs with Handcox, and was going away to get additional assistance.
Q. If a dozen persons had been in the area or coal-shed, might they not have escaped? A. They could not have got there—while I was up stairs, persons might have got away, but the coal-cellar was locked, and the doors leading to that, and the area, were all locked and bolted—all the servants were called up, three men, including the coachman, and three maids—I saw the butler and footman, but not the coachman—I do not know how many servants there are—nobody but Handcox was present at the search till I got on the landing-place—at the time of the further search, I believe, three female servants were present—it was possible for persons in the house to let somebody out and bolt the doors—I inspected the leads about half an hour after the alarm—I could see no foot-marks for me to suppose any body had escaped—I did not examine them at any other time—it was light when I made the search—it was a quarter before four o'clock when I first heard the alarm, but by the time I got on the leads it had got day-light.
Cross-examined by MR. DOANE. Q. When the female prisoner took you into the first room, you said, it was odd, if they were strangers they should have passed three rooms? A. Yes; I did not say, I thought the thieves were in the house, till I came to the landing, and seeing the state of the back premises, I thought it impossible any body could have got out—I mentioned before the Justice, that I said it was odd they
should pass three rooms—the leads are a flat—the iron railing separates the house, No. 26, from the other house—a wall comes up to the height of the flat—the iron railings are not over the flat, but flush with the end of the wall—the flat is ten or twelve feet long, and seven or eight feet wide; just large enough for a sleeping-room for the butler in the next house—with a ladder, a person might get over from the next house.
MR. BODKIN. Q. Is there a window? A. There is a window from the next house—the iron railing is on a stone coping—they might step across on the stone, and fix a rope-ladder—if a person had got that way with a rope-ladder, they could not have gone over the different places to the mews in less than half an hour—not more than ten minutes elapsed from the alarm being given, and the house being surrounded by policemen.
WILLIAM ADAMSON . I was in the police at the time in question. I went to the house, and examined the marks on the dressing-room door very minutely—I took the chisel which was given to me by Mr. Lincoln—I had the door locked inside, and saw the chipping—I tried to put the chisel in between the door cheek, but could not—there was not sufficient cut away—the door itself was not cut at all, not on that side—I then had the door unlocked, and turned the bolt to see if there were any scratches on the bolt of the lock, which any instrument must have made, and there would have been an indenture in the wood, from the pressure of the instrument—but there was no scratch nor mark whatever—I went to the staircase window and confirm the previous evidence—I searched the female prisoner's box, but found nothing included in the indictment—Handcox's mistress having said in her presence, that she had been with her seventeen years, I asked her if she had got any money—she told me she had none—she said she had a sister who had been out of place two years, and she had been supporting her—I searched Hall's box, and asked him if he had any money—he said, he had not a halfpenny in the world—on Monday, the 6th of April, I took Hall from the station-house to the police-office—I saw a female on the steps of the office with a baby in her arms, and he told me she was his wife—she said to him, "Hall, you see what you have brought yourself to"—he said, "I may thank you all for this"—she hung down her head, began crying, and walked off.
Cross-examined by MR. PHILLIPS. Q. Was that female a stranger to you? A. No, she was not at that time—I had seen her before—I asked Handcox if she had got any money, having a good situation, and not finding a single farthing in her boxes—that was on the Sunday afternoon of the robbery, when she was about to leave—I believe it was before Mr. Collins paid her her wages—I saw Sumpter there on Sunday morning, I was not there at the time of the alarm—I said nothing to Sumpter—she did not intimate to me that she knew any thing about it—I never heard her mention the subject.
HENRY CROSSWELLER .—I am an ironmonger and locksmith, and live in Welbeck-street. I was sent for to examine the locks—my attention was called to the dressing-room door—I examined the external appearances in the morning, and decidedly said the mortice-lock had not been forced open, neither had the patent lock in the drawer been picked—in the evening I made further examination—I took each lock off and examined them, to see if there was any appearance of a pick-lock being introduced to open them—there was not the slightest appearance of it whatever—the patent lock of the drawer could not have been opened but by the key—the mortice-lock
might have been picked, but there was not the least appearance of its having been so—the bolt went up three quarters of an inch.
Cross-examined by MR. DUNBAR. Q. How long after the robbery was this examination? A. The same evening by candle-light—when I examined them, I said the mortice-lock could have been picked, but the patent lock could not—the door lock had no appearance of having been forced—I took both locks to pieces afterwards—if the bolt of the lock had been pressed back something must have been broken—the door-case was cut, but not as far as the plate, which receives the bolt—I never knew a patent lock opened by a skeleton-key—I do not say the lock had not been picked, but it had no such appearance—a skeleton-key will turn a bolt the same as a right key, and leave no mark—that might have been used to the dressing-room door, but no patent-lock can be opened by a skeleton-key—if I had had the key in my possession, I could make a key to open it, but that would leave a mark, for the interior of the lock is as black as possible, and there are two tumblers to be raised before it will unlock, and the least pressure will show where that had been—a model could not be taken of the key in wax—we cannot make a key of such a patent-lock from the key.
Q. If a person had a key made from the other key, would not that unlock it? A. Yes, but the key must have been in their possession an hour or two—there must have been a guage made from it, and then a key made from the guage—the lock was black by being long used—you cannot get a key to fit well without a guage—this is a balance patent lock—I never heard of a patent lock being picked with a piece of stick—I once picked a balance patent lock twenty yean ago, but then the tumblers were confined, and not in action.
MR. ADOLPHUS. Q. When you saw the door where was the key of it? A. It was given to me by Mr. Collins—if the lock had been picked, it would not be necessary to make any mark in the door-post.
MARY SUMPTER . In March last I was in the service of Mrs. Collins, and had been so eight years next July—the two prisoners were also in her service—I was in the habit of conversing familiarly with them, as servants do—I remember the night of the robbery perfectly well—about a fortnight before that I had some conversation with the prisoners on the subject of robberies—we were talking about so many robberies taking place of jewels and various things, and we said we thought servants were always errconcerned in the robberies—Hall asked Handcox what she thought mistress's jewels were worth, whether she thought they were worth 2000l.; the reply was, yes, she thought they were; and then he said, "Shall we all three agree to part with them?"—the reply from all three of us was, "Yes"—Hancox and I said, "Yes"—we talked further about it several times—we were to take an opportunity of taking them—the time was fixed—it happened on the 28th or 29th of March—it was to be fixed about then, but it was not settled till the night before it took place—I and Handcox were to take them out of the box, and give them to Hall—Hall was present at that arrangement—I had seen my mistress's jewel-case several times—it was a red box—I do not know whether it was covered with red paper or leather—it had a handle on the top—I saw the inside when I emptied the contents out—I cannot say I had not seen it before that, but not to know the particulars of it—there were two trays in it, covered with white satin and wadding—mistress went out on Saturday afternoon, but at what time I cannot say—but while she was out, I and
Handcox took the jewel-box, placed it on a box by the side of mistress's bed, and emptied it—Hancock placed it there—it was there when I went into the room, and was open—I did not see it unlocked—it was unlocked—Hall was not there—I took out the two trays, and emptied the contents into two fine brown papers—I emptied out two head ornaments, necklaces, rings, a watch, and some foreign coin, and other things, and sparkling stones—I do not know whether they were set in gold or silver—when we had emptied them out, we both wrapped them up and took them down stairs into the back parlour, and gave them to Hall, who was there—his reply was, "Now I have got you both;" or "Now I have done for you both!" I do not know which—he then went down stairs to the kitchen floor, and after that, (but I do not know how long after that,) he went out—I saw him again before he went out—he went out about half-past five or a quarter before six o'clock—I let him out, and be asked me to wait till he came back; as he should be gone a very short time—I did not see whether he had the brown paper parcels with him or not—I waited for him—he came back in about ten minutes, and I let him in, and I let Evans the coachman in at the same time—he said, "Thank God, they are gone!"—Evans did not hear what he said, he was gone down stairs—when I took the jewels out of the box, we put the box underneath mistress's bed—it had been settled before what was to be done with the box—there were other servants in the house—the cook was down stairs—the footman was out with mistress—Mrs. Collins's nurse was up stairs in the nursery—my mistress dined at home at six o'clock—the footman was at home when the jewels went out of the house, and I think he was at home part of the evening, but I was up stairs a good deal—the coachman went away in his room about his business—I cannot say what time in the evening the footman was in the house—I did not see him sent out the first time, but the second time I was present when Hall sent him out, and told him to go and inquire after some man's health—I do not recollect the name—I think he was to go some-where to Lisson-grove, or the New-road way—Hall sent the cook out to get half a pint of gin—he said there were no good spirits anywhere near the house, but if she would go somewhere towards King-street, (I think it was,) she would get some good gin there—he gave her 1s. to get it—she wanted to know why he wanted her to go so far, and hesitated about going—she said it was a good way to go—he said she would oblige him if she would go that distance for it—when both those servants were out, we three burnt the remains of the box—some part of it was burnt in mistress's dressing-room, another part in the pantry, and some part in the kitchen—I and the two prisoners were present, but not at all the three places—I was chiefly in the dressing-room, but I saw part burnt in the kitchen, and I put some part of it on the kitchen-fire myself, and likewise in the pantry—I had mistress's dressing-room fire to do, and threw the ashes into the dust-hole next morning, but I have nothing to do with the other ashes—the cook returned first, and we four sat down to play at cards—the footman came in about ten o'clock, and told Hall the man was perfectly well that he went to inquire after—there might be more pass, but I did not pay attention to it—my mistress went up stairs about half-past ten, or I think at nearly eleven—I heard Handcox make an alarm in the course of the night—I knew it was going to take place—it was planned at what hour it should take place—all three of us planned it—I came down stairs after hearing the alarm, and went into Mrs. Collins's bed-room—Mrs. William Collins opened the window, clapped her hands, and called the police—when
the police came in, I went into mistress's bed-room, and remained with her the chief of the time—the two prisoners were afterwards turned away—I did not tell any thing about the matter till the Sunday following; I then told Mr. and Mrs. William Collins—they had not made any inquiry of me about it—my mistress asked me about the robbery; she thought Martha was guilty—she never charged me with it—I had no fear of being turned away at the time I told this.
Q. Did Mr. or Mrs. Collins or any body make any proposals to you, or suggest any good to you if you told about it? A. No, I do not think they suspected me in the least—I should think Mrs. Collins's house is five minutes' walk from Marylebone-lane—Hall has a brother or brother-in-law there—that is all I have ever heard him name—his name is Smith—I did not hear him mention any acquaintance of his—this piece of metal looks like one of the pieces off the box where the handle went througk, (looking at it.)
Cross-examined by MR. PHILLIPS. Q. What wages had you? A. 14 guineas—I had a very kind mistress—I cannot ted why I engaged to rob her—I suppose it was my own wickedness—the money was to be divided—I did it to get my share of the plunder—I knew I had done wrong, and was very unhappy and miserable, and that was the reason I told Mrs. Collins, and the only reason—I got no share in the plunder—that did not annoy me in the least; provided I had the whole of it I should have made the confession just the same—I never asked for my share.
Q. Do you mean to swear after you ascertained from the male prisoner, that he had disposed of them, that you never asked for your third? A. I swear I never saw Hall but one evening, and that was at eleven o'clock at night, and it never was mentioned—I saw Handcox, she said there was nothing done—I did not ask Hall to whom he had got rid of them—I do not know why I did not—I had been intimate with Hall as a fellow-servant, that is all—I should think he had no motive for involving me in the business more than the other servants—I know Handcox was entrusted with the jewels, and I dare say could have done what she liked with them.
Q. If Handcox could have disposed of the jewels to Hall at any time she thought proper, can you give us any reason why it was confided to you? A. I do not know, unless it was, it could not be done without a third person—I do not know why I had a concern in it, but I had—I thought a third person was necessary on account of burning the box—they might have burnt it, or taken it out of the house—I was asked about it, and agreed to it at once—I had no motive in agreeing to rob my mistress except my own wickedness—it gave me a great deal of pain afterwards—I repented of it the moment after it was done—we talked about it a fortnight before it took place—I did not think any thing of it at the time—I thought of nothing but of robbing mistress—I did not repent till after it was done—I expected to be discharged after telling my mistress—I could not expect she would keep me after I told her—I had no fear of the part I took in it being discovered—it did not strike me that I was subject to either of the prisoners turning evidence—I began to repent after the property was gone—I could not summon up resolution enough to tell my mistress of it when the alarm was given—I do not think I exhibited any appearance of confusion when the alarm was given—I was never engaged in any thing of the kind before—I cannot tell what the things would sell for—I never thought of it—if they had offered me 100l., very likely I should have taken it—but I should have confessed just the same—I dare say I should have handed the
money to my mistress—I did not require a doctor—I know what penny-royal is, but I am not come here to answer those questions—I have no motive for wishing the male prisoner to be sent out of the country; perhaps I may be sent away the same as he is—it does not signify to me whether he remains in this country—I do not know whether he is going to quit the country—I am come here on account of the robbery of the jewels—I have no reason for wishing Hall out of the country.
Q. Do you mean to say you do not know the reason I point to—I have mentioned penny-royal—do not you now know what I mean by it? A. I know what penny-royal is—I do not know what you mean by asking me whether I wish him out of the country.
COURT. Q. From the gentleman mentioning penny-royal to you, do you undertand he has any particular reason for asking you that question? A. No; I do not.
Mr. PHILLIPS. Q. Have you no notion why I mentioned penny-royal, in connexion with sending Hall out of the country—you swear you do not know what I mean by that? A. I swear I have no reason for sending him out of the country—I suppose he knew of my taking medicine, the same as the other servants—he never saw me take it—he has seen medicine come—he has taken it in himself—he is in the habit of opening the door—I do not know that he knew of my taking medicine—I do not think he ever saw me—we had never planned what medicine I was to take—he never saw me take penny-royal.
Q. Do not you know he knew you used to take it? A. Excuse me, gentlemen, but these questions I am not going to answer.
Cross-examined by MR. DOANE. Q. At the time you planned the robbery, you expected a share in it? A. Yes; I was not disappointed at not receiving any—I was not angry with the prisoners at not receiving my share; I was disappointed at not receiving it, because, if it had been offered to me, I should have taken it—after the robbery was committed, I knew what I had done was wrong, and I felt remorse; but I should have taken the money, though I knew I was guilty, and should have made the confession just the same—I felt unhappy and miserable directly after the robbery, and was so the whole week—I saw my mistress during that time—I waited on her after Handcox left.
Q. You went up to your mistress's dressing room with Handcox? A. No; I found her in the bed-room with the box—I went into the dressing-room, and then into the bed-room, and found Handcox there with the box open—I did not go up with her—the dressing-room is on the second floor—during the time I was with Handcox, Hall was down stairs on the ground floor; at least he was not with me—the next time I saw him was in the back parlour—I recollect the day my mistress came to town—it was my duty to have the house ready to receive her—I was very much behind hand with my work, because the bed and things were not put up in time—I had a bad cold—that was on the 7th of February—there was no other reason for not having the house ready.
MR. ADOLPHUS. Q. Was your mistress good and kind to Handcox and every body in her service? A. Yes—my telling of this was the result of the pressure on my mind.
COURT. Q. Did you learn from Hall and Handcox why the footman was sent up to Lisson-grove? A. He was to be sent there as an excuse to inquire after this man, during the time the remains of the box were burnt—the cook was sent out for the same reason.
EDWARD TYRRELL . I am an inspector of the police. On Sunday, the 5th of April, I apprehended both the prisoners—I took Handcox first—I told her the housemaid had made a confession—she said, "Well, I can only say I did not have them"—she gave me up her keys and two letters—she pointed out the different boxes in the room, which belonged to her—I had them put into a hackney-coach and conveyed away with her, and afterwards searched the boxes—in a small writing-desk I found 15 sovereigns, and in a box three bracelets and different articles of jewellery—after that I went to seek for Hall—I found him at the corner of Duke-street, Manchester-square—I said, "I suppose you know that Martha is again in custody?"—he said, "Yes"—I said, "You must consider yourself in custody"—he said, "Very well; I am very willing to go with you"—I then asked him if he was aware that Mary (meaning Sumpter) had made a confession—he said, "What, Mary the housemaid?"—I answered, "Yes; she states that herself and Martha packed up the jewels in two papers, and gave them to you to take away"—he answered, "My God! she cannot say that"—I then took him to the station-house, and searched him—I found 7 sovereigns, 19s. 6d. in silver, and 2 1/2 d. in copper—next morning I saw Handcox at the station-house, and asked her if she would like her sister to be made acquainted with it—she said, "No, I wish her not to know any thing of it; had I followed her advice, I should not have been in this trouble."
Cross-examined by MR. DUNBAR. Q. Were you present when the female prisoner was first taken into custody? A. No; that was the Sunday previous—I understood she was lodging in William-street, but found her in South-street—I believe she had not been there all the week—I had no difficulty in finding her—none of the articles of jewellery I have produced are named in the indictment.
GEORGE BORLAND . I am a sadler, and live in Paddington-street. know Hall—I met him in the street on the Monday after the robbery—I saw him on Tuesday—he asked me if I knew of a lodging—he came on Wednesday, and lodged at the same house as I do—while he was there he brought to my room door a small green box, gave it to me, and asked me to lock it up in my drawers for him—I did so—I saw it opened on the Sunday evening after he was taken into custody by inspector Lincoln—I saw one hundred and seventy-three sovereigns in it, and a few articles not of any value.
THOMAS HENRY THOMPSON . I am a policeman. In consequence of hearing of the robbery, I saw the prisoner Hall on the 5th of April—I said, "Hall, this is a bad job"—(he was in the cell at the time—I knew him before)—he asked me my advice—I told him I had no business to give advice under such circumstances—he said he wished me to give him advice, for he meant to tell all about it—I said it was of no use his telling all about it now, for Mary Sumpter had told all about it—he asked me what Mary had said—I told him she said he took the jewels down as far as Maryle-bone-lane, but she did not see which way he turned—he said that was false, for he did not go so far as the lane with them—I told him I would not hear any more there—if he liked to go in a coach with me to the office, he could tell me what he liked—I then left him, intending to go in a coach with him, but I did not go—I saw him afterwards at the office—I was
standing alongside him—that was in the presence of the Magistrate—Sumpter was, at that time, giving her evidence—he directed his conversation to me, as I stood by him—he was not being questioned by the Justice, but was in private conversation with me—Sumpter was giving her evidence, and he said, "Oh, the d—b—, it was her that planned that herself"—he afterwards turned round to Handcox, and said, "I gave you twelve sovereigns, Handcox"—she said, "Yes; you did"—he said, "You tell all about it, and I will do the same"—Handcox said, "Yes, I will."
Cross-examined by MR. CLARKSON. Q. Were these observations loud enough for the Justice to hear? A. No; I had seen Hall before, and went down to his cell of my own accord—I had first apprehended Handcox on the Sunday previous—I was not examined before the Magistrate on the previous charge—my object in going to Hall in the cell, was to endeavour to find the jewels, if possible—I put no questions to him—I was not directed by any body to make the inquiry—it was my own duty as an officer to find the things—I deferred hearing his statement till I went with him in a coach, but I was sent away with Sumpter, and when I returned, he was gone away—I was at the first examination when this conversation passed—I reserved it to tell at a future examination, and then I was attending here—I believe 20l. reward was offered—that did not tempt me.
Cross-examined by MR. DUNBAR. Q. Was the examination, at which this was stated, the first examination, or after? A. After; there were a number of people there attending to the evidence—I stated the conversation immediately I came from the office to a brother officer—Mr. Rawlinson was the Magistrate—I was three or four yards from the clerk—I remained in the office till the examination ended—Mr. Rawlinson afterwards said he understood I knew something about the case—I said I did—that was after the office was cleared—I did not communicate what I heard while the prisoners were there.
MICHAEL KENNEY . I am footman to Mrs. Collins. On the Saturday evening before the robbery, I was sent out by Hall about eight o'clock, for a pair of trowsers, which he had given one Allen, a tailor, to be scoured—I was to bring them, done or undone—I was absent nearly half an hour, and after supper, he said, "Michael, if you will be so good as to go to John-street, and inquire for poor Glover—I hear he is in a dying state; I have not seen him a long time, and I think he is ill"—I said, "It is a long way, but if you wish, I will go"—he said it was No. 18—I went there, but found Glover at No. 32—I was gone about three quarters of an hour—Glover smiled, and said he was perfectly well, and nothing had been the matter with him—when I came back, I went into the pantry—there was Hall, Sumpter, Handcox, and the cook, playing at cards—I told Hall that Glover smiled, and said there was nothing the matter with him, and that I found him at No. 32—that was after ten o'clock at night—I was directed after this to search the dust-hole, and found this piece of metal—I have seen a chisel like this before, but I cannot swear to it—I have seen Hall with one very much like it in the pantry.
ANN WESTGATE . I was cook to Mrs. Collins. On Saturday night, the 28th of March, I went out twice in the course of the evening; first to the bakers on my own account, and after supper a little after nine o'clock, I went as far as King-street, Baker-street, by Hall's desire—he said, after he had sent the footman out, "We must have something to drink;" and he should like a glass of gin—he asked me to go for it—he said he was sorry the footman was out, and he could not go out himself, and asked me to go—
I refused—he said "There is no good gin round about this neighbourhood," and he wished I could go as far as King-street, Baker-street—I refused going so far—he said there was a house in Manchester-street, where it would be equally good, near Dorset-street; he gave me 1s.—I went and could not find that house—I went on to King-street, and got it—I was gone about twenty minutes—Hall let me in—I went straight into his pantry, and they were all sitting down at the table waiting for my coming back; Handcox, Sumpter, and Hall—we all sat down at cards, Kenney came home after me.
The prisoners made no defence.
JOHN OWEN . I live in Hertford-street, Fitzroy-square. I have known Handcox ever since I was a child—she always bore an excellent character—I have had many transactions with her—in May, 1834, I borrowed 12l. of her, and I paid her on the 4th of April.
MR. ADOLPHUS. Q. On Saturday night? A. Yes, I paid her at my own shop. I did not know she had left her place.
(Thomas Jenkins, publican, Curzon-street, May-fair; Robert Collins, oil-man, Dorset-street, Portman-square; Henry Evans, publican, Salisbury-lane, Dock-head; Thomas King, butcher, Paddington-street, Manchester-square; George Josling, coffee-shop keeper, King-street, Smithfield; William Pilcher, green-grocer, William-street, Manchester-square; and Louis Bennet, stationer, Blandford-street, Manchester-square, deposed to the prisoner Hall's good character; and William Rudge, Green-grocer, Wormwood-street, City; William Hammond, College-street, Chelsea; and David Day, cheesemonger, Portman-square, to that of Handcox.)
HALL— GUILTY . Aged 38.
HANDCOX— GUILTY . Aged 41.
Transported for Life.
Before Mr. Justice Park.
1165. THOMAS WALLER HENLEY was inidicted, for feloniously and burglariously breaking and entering the dwelling-house of John Thomas Woodward, about the hour of two in the night of the 9th of March, with intent to steal, and feloniously 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 pin, 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.; his goods.
JOHN THOMAS WOODWARD . I live at No. 8, Clements-inn-passage, and am an optician—it is my dwelling-house. On the 8th of March, I went to bed about half-past 11 o'clock—I was the last person up—I left all my doors and windows secure—I came down about half-past six o'clock in the morning—it was very near light—it was twilight—I found in the back parlour the drawers ransacked, and the articles thrown in all directions, the drawers had not been locked the night before—the articles mentioned were taken away—the parlour-window was broken directly over the hasp, which was slipped aside, and the window thrown up—a pair of
silver spectacles were taken, which my wife used—I have seen them since, when a man named Downes was tried last sessions.
GEORGE WRIGHT . I am a constable. I went to the prosecutor's house about half-past seven o'clock on the morning of the robbery—I found the window in the state he describes—I went to the White-hart public-house, and in consequence of what I heard, I went and met Downes—I found several articles at Downes' house—I returned to Mr. Woodward's house—I saw the prisoner that evening at the Lord Nelson public-house—I told him I wanted him—he said, "I will go with you"—and he went immediately—this was between eight and nine o'clock—he went to the station-house, at Bow-street, with me—I had no conversation with him—I found a card in his pocket of a Mr. Ruel, gold and silver-refiner, Broad-street, St. Giles—I found 10s. 6d. on him.
HANNAH BURKE . I live in Clement's-lane. I was coming down Broad-street, St. Giles, on Monday morning, about eleven o'clock, on the day of the robbery—I saw the prisoner, and Downes and Clarke—I knew the prisoner by his living in the same neighbourhood as me—they were coming down the street, Downes turned into a pawnbrokers' shop; he had a bundle—the other two stopped outside—the prisoner went away with a woman to drink—I did not stop to see Downes come out of the pawn-broker's.
JOSEPH PHILLIPS . I am a pen and quill-dresser, and live in Drury-lane. On Monday morning, as I was going out to work, I met the prisoner, and knew him to work at a law-stationer's office—he asked me where he could sell some silver—I said the best place to take it to was a refiner's, where be could get the full value of it—I told him I was carrying some goods home to a stationer, and I should pass Mr. Ruel's, who would give him the full value—he went with me, and I went into Mr. Ruel's with him—he pulled out some broken spoons, and sugar-tongs, and sold it—he told me he had collected part of it in exchange for hardware in the country—and he said part of it was some silver his father had left him.
EDWARD WILLIAM KEMBLE TURNER . I keep the White-hart, in Clement's-lane. The prisoner was at my house at eleven o'clock on Sunday evening with a party, they left my house about eleven o'clock—they were in the tap-room—they did not appear to be connected more than usual, with others.
Prisoner's Defence. The silver was my own property; and if I had obtained it wrong, I should not have kept Ruel's card in my possession—I was taken and discharged—I went into the country for two months; and on returning, found I was indicted, with Downes and others—I met the officer, who said I should be wanted at the Sessions—I agreed to meet him at Downes's house, at two o'clock on Monday—I went there, but he did not come—he said, if I was with him before the Sessions it would do—I was taken and brought here on Thursday.
NOT GUILTY .
Fourth Jury, before Mr. Sergeant Arabin.
1166. HENRY WARE was indicted for feloniously breaking and entering the dwelling-house of Joseph Gill, on the 11th of April, at St. Paul, Covent Garden, and stealing therein 1 watch, value 3l. 10s., his goods.
JOSEPH GILL . I live in Brydges-street, St. Paul, Covent Garden. On the 11th of April, about a quarter-past one o'clock in the day, I was in my parlour—I saw a mob about my window; and on coming from the parlour, I saw the prisoner's hand lifting a watch from, the window—I sell watches and curiosities—I ran out; and seeing the prisoner run away, I seized hold of him, not eight yards from the shop, and accused him of taking a watch from my window—he said he had not done any thing of the sort; but in less than half a minute, I saw him take the watch from his coat, and throw it across the road—I kept him in custody—the watch was picked up, and was mine—tht window was broken—it was whole at that part before, it had been broken at the bottom of the same pane, but was secured by putty—it was mended, and there was no hole whatever—that is the watch.
Prisoner. Q. How large was the hole? A. Here is the piece of glass that was taken out—the watch hung about four inches from the window—there is only one sash.
JOHN VINCENT . I saw Mr. Gill run after the prisoner and seize him—and saw him throw the watch at my feet—I took it up, and ran to Mr. Gill's assistance—I secured the prisoner, and gave the watch to the policeman—I am confident he threw it away.
GUILTY .* Aged 16.— Transported for Life.
1167. ROBERT SOWERBY was indicted , for that he, on the 1st of April, at St. Ann's, Limehouse, feloniously did forge a certain order for the payment of £5., with intent to defraud Sarah Horncastle. 2nd COUNT, for uttering, disposing of, and putting off a like forged order with a like intent.
SARAH HORNCASTLE . I am a widow, and live at St. Ann's, Limehouse. I let lodgings, and take in washing—in February last the prisoner came to my house, and said he was going to work in the West India docks as a permanent man—I let him a bed and room for 3s. a week—he remained seven weeks and five days—he gave me 8s. the first week—I said I was very much distressed, and could not board him without money—he said he would get a ship and go out as steward, and leave me his two months advance-note, which would set all to rights—he afterwards said he was going in the Antelope for Jamaica, at 2l. 10s. a month—he showed me the note, and said he must have clothes, or he could not go—I advanced him 8s., and I let him have some clothes, which I valued at 8s.—he asked if I had a pen and ink—I gave him one—he said he would sign his name on the back, or it would not do—he signed his name and read it to me, and gave it to me as a just note for payment of 5l.—this is the note—I put it up stain in my drawer—the policeman came to me on the Saturday, and I gave him the note—he told me it was forged—the prisoner was then in custody—I got a waterman to take the note to the Antelope—the people there said it was a just note, provided he went out in the ship—I inquired for Edmonds the master, at Eltham-place, Blackheath, but could find nobody of that name—the prisoner wrote the large writing on the back of the note—I saw him do it.
Cross-examined by MR. PAYNE. Q. Did you go to Blackheath? A.
Yes; to Eltham-place—I saw Eltham-place written up, and I saw the tax-gatherer, who said he had no such name on his books—the prisoner owed me 5l. at the time he gave me the note—I saw the Antelope lying off Deptford—I went before the Magistrate the first time he was examined, on the 4th of April—I never objected to go before the Magistrate—I did not say I would not prosecute him—he said he had been living with his father and mother before he came to me—he said he had prize-money coming to him—it was in consequence of what the policeman told me that I suspected it—I thought it was a just note before—I inquired for Edmonds at seven or eight houses—there are six or seven houses in Eltham-place.
COURT. Q. You could not find the prisoner after he gave you the note? A. No; he went away—I saw him at the station-house two days after.
MR. PAYNE. Q. Did you make inquiry for Mr. Edmonds, the master of the Antelope? A. No, not at the ship, I enquired for Edmonds of Eltham-place.
(The note being read, was an order for payment of 5l. three days after the Antelope sailed, provided the prisoner was on board,—it was signed "William Edmonds, master;" addressed to "William Edmonds, Eltham-place, Blackheath.")
WILLIAM GILLETT . I am a policeman. The prisoner came to me at the station-house on Saturday, the 4th of April, and said he wished to give himself up for forgery; that he had forged a bill for 5l., and had given it to Mrs. Horncastle, of Limehouse—I went to her, and she gave me the bill—I went with her to Blackheath, and made inquiry for the master or owner of the Antelope, but could find nobody of the name of Edmonds—I returned to the station-house, and told him he had given me a chase about the bill—he said, "I told you before you went that I wrote it myself, I put the first thing that came into my head; I did not know there was such a ship as the Antelope."
Cross-examined. Q. Where did this take place? A. At Hoxton station-house—he seemed sober—he said he wished to give himself into custody for forgery—I asked him who it concerned—he said, Mrs. Horncastle, at Limehouse, and described the street to me—my inspector was present—the station-house is half an hour's walk from Mrs. Horncastle's—I went down the river between Deptford and Greenwich, but could find no Antelope—I found nothing on him—he directed me to a house which I knew to be a brothel, and I found his portmanteau there—he desired me to take care of it—I found papers in it which I have not brought here.
Prisoner's Defence (written.) I unfortunately got into the prosecutrix's debt, and being pressed for payment, I was induced, in an unguarded moment, and when under the influence of liquor, to give the prosecutrix a note to hold as security—purporting to be a pay-ticket for 5l., which was entirely a fictitious one, as I had stated therein the name of the vessel and parties which I believe were never in existence—I gave her this note in order to satisfy her until I should be able, by the receipt of some money I was daily expecting, to pay her, though I had no intention or wish to defraud; and if I had not have been so much under the excitement of liquor, I should never have been guilty of practising such a deception, which I so severely regretted on reflection, that I was induced voluntarily to surrender myself—my prosecutrix stated that she should not have thought of prosecuting such a charge, feeling convinced I should have paid
her the moment I received my money—I have been seven years in the navy, and had lately returned from the service of Donna Maria.
MR. PAYNE to MRS. HORNCASTLE. Q. Had you pressed him very much for money? A. I told him, three weeks or a month before, that I was very much in want of money—he promised to give me his advance-note—the policeman came to me three days after that.
GUILTY . Aged 35.— Transported for Life.
WILLIAM BURTON . On the evening of the 22nd of April I saw the prisoner snatch a pair of shoes off the rail of Mr. Hayhow's shop, im High-street, Shadwell; he dropped one near the window and ran away with the other—I pursued him and called "Stop thief"—he ran down Gould's-hill, and dropped the other shoe; a boy took it up and gave it to me—I did not see his face; I believe he is the person—he was takes immediately.
REUBEN WEBB . I am a policeman. I was on duty in High-street—I heard a cry of "Stop thief;" I turned round and saw the prisoner turn down Gould's-hill, about twelve yards from me—I saw him throw a shoe down at the bottom of the hill—he turned towards the stairs to the water, and slipped into the water up to his neck—he turned round, came up the steps, and I took him into custody.
Prisoner's Defence. I was rather in liquor, and know nothing about the shoes.
GUILTY . Aged 21— Confined Six Weeks.
WILLIAM CHESHIRE . On the 10th of April, at three o'clock in the afternoon, I saw the prisoner cut down two shoes from the prosecutor's shop, and put them under his left breast—he walked a little way and then ran—I went in and gave information—he was pursued and taken directly by Mr. Hayhow.
WILLIAM HAYHOW , jun. My father keeps this shop—his name is William—Cheshire gave me information—I pursued the prisoner and took these shoes from under his left jacket in his breast—they are my father's.
Prisoner's Defence. A man took the shoes down, and gave them to me, I walked on about five yards—a young man came and took them out of my hand—I gave them to him directly and walked on one hundred yards, when he sung out, and the policeman came and took me.
GUILTY . Aged 21.— Judgment Respited.
WILLIAM POLLARD . I am the prisoner's father, and am a basket-maker, and work in Fleet-lane—I have four children—the prisoner lived at home with me. On the 21st of April he boarded and lodged with me—my daughter and wife missed this property on the morning of the 22nd, and on the 23rd, at night, when he came home, I gave him in charge for stealing it.
GUILTY . Aged 20.— Transported for Seven Years.
(The prosecutor stated that the prisoner had been in the habit of robbing him for five years, and that he had been ruined by attending private theatres.)
JOHN FAIRWEATHER . I keep a public-house in High-street, Shadwell. The prisoner was there on the 9th of May, drinking with some company at the bar, before the house was shut up—he was out and in several times—the tap-room was cleared, and the house shut up after twelve o'clock—I looked sharp after him, as I had missed several glasses—I missed one that night, and said, it could not have been gone far, and the company must be searched—I looked out and saw an officer passing; he came in, searched the prisoner, and found it below his arm, under his shirt—I missed three that night—he said, "You will say that is yours, I suppose?"—I said, "It is, I believe it to be mine—I have one exactly like it, "I missed one of that sort—this is it—he has used the house three or four weeks—I never employed him—I was rather surprised when the glass was found on him.
DENNIS POWER (policeman.) I was passing the door—I went in and found a glass between the prisoner's shirt and skin—I asked where he got it, he said he would not tell me—he was neither drunk nor sober.
Prisoner's Defence. I was tipsy, and recollected nothing about it till next morning—I had been drinking there from three o'clock in the afternoon, till after one o'clock in the morning—a man was in the house at the time it was taken from me, who is here—I do apt know how the glass came there.
GEORGE NELLAM . I am a smith and engineer, and live in Fox-lane, Shadwell. I never saw the prisoner till last Monday morning—I got out of bed when the clock struck two, to go down in the country to see a friend—I got to Fairweather's at half-past two o'clock—there sat the prisoner and two more sailors in front of the bar, and one woman—I went to Fairweather and asked him to give me a quartern of gin, which he did—I stood a few minutes for my change, but he was so intoxicated he did not know what change he gave me, nor what money I had given him—I saw the officer show the prosecutor a glass, which the prisoner had in his hat—he matched it with another glass, and then ssid he did not think it was his glass—that it was two small gin-glasses he had lost—the policeman searched all under the tap-room table to find the gin-glasses, but could not find them.
NOT GUILTY .
NEW COURT.—Wednesday, May 13, 1835.
Sixth Jury, before Mr. Common Sergeant.
GUILTY .— Confined Three Months.
1173. ALLEY WESTON was indicted for stealing, on the 18th of April, 1 shirt, value 2s.; 3 pinafores, value 2s.; 1 pair of stays, value 1s.; 3 caps, value 2s.; 1 shift, value 6d.; 1 gown body, value 1s.; and 1 shawl, value 2s.; the goods of John Conner, her master; to which she pleaded
GUILTY . Aged 14.— Judgment Respited.
JANE PAIN . I lodge in St. Marylebone. The prisoner lodged in the next room to me—the spoon is the property of my sister Elizabeth Pain—I saw it safe about half-past seven o'clock in the morning, on the 12th of April, when I left my room locked; and missed it about two o'clock in the afternoon—the room was still locked—this is the spoon—it is now broken into pieces—some person must have got in with a key.
PETER GLYNN (police-constable D 151.) I went to the prisoner's lodgings in Dorset-street, and took him on the 13th of April—I asked if he knew any thing about the spoon, he said, "No"—I said he must go the station—he then turned round, and said he had taken and sold it to a pawnbroker in the Strand, for 6d.—I was taking him down stairs, he said he would show where the spoon was, and we found it broken into five pieces, under a stone in the water-closet.
GUILTY. Aged 16.—Recommended to mercy. — Confined One Month.
THOMAS BELSHAM . I an a shoemaker, and live in Saint John-street, Clerkenwell. On Saturday afternoon, on the 11th of April, I was in my shop—I received information, and ran out—I saw the prisoner running—I pursued and took him, with this pair of boots in his possession, which are my brother James's—they had been hanging outside the window, six feet from the ground.
Prisoner. I had purchased the boots. Witness. I had not sold them to any one.
FREDERICK HIGGINS . I live in King-street, Lower-road, Islington. I saw the prisoner take the pair of boots down from the prosecutor's window—he put them under the left side of his coat, and walked till he got three doors off—he then ran—I gave information.
Prisoner's Defence. I bought them of a Jew at the end of Northampton-street, for 5s.
GUILTY . Aged 26.— Confined Six Months.
JOSIAH PHILLIPS . I lived at the William the Fourth, Ship-yard, Temple-bar. On the 14th of April, about half-past eleven o'clock in the morning, I was in Newgate-street—the officer gave me information, and I missed my handkerchief, which I had in my pocket a quarter of an hour before.
soner go past, in company with a taller one. I watched them into Newgate-street—I saw the prisoner take this handkerchief from the prosecutor's pocket, and put it into his hat—I took him, and found it in his hat.
Prisoner. A man named Stevens called on me, and took me out; he stole the handkerchief, and gave it to me. Witness. The other one was by his side, but the prisoner took the handkerchief, and put it into his hat—when I took him the other ran away.
GUILTY . Aged 19.— Confined for Six Months.
Before Mr. Recorder.
1177. THOMAS MURPHY and ANDREW PORTER were indicted for stealing, on the 18th of April, 150lbs. weight of lead, value 30s., the goods of Daniel Fuller, and fixed to a certain building, against the Statute, &c.
GEORGE BAKER . I am a watchman of St. Dunstan-in-the-West. On the 18th of April, at four o'clock in the morning, I was at the corner of Feather-bed-lane—I saw Murphy standing there—he whistled, and said, "Keep back, you b—"—I went down to No. 2, Feather-bed-lane, and saw the door open—the prisoner Porter was coming down stairs, and a dog behind him—I asked him what he had been to that house for—he said, "To see a girl"—I said it was very strange he should go to an empty house—Murphy then went down the lane, and turned to the right—I asked Porter if he knew him—he said, "Yes"—I called him back, and took them both to the watchhouse—I then went with Mr. Cole to the house, and found this lead in the attic—nothing was found on the prisoners, but there was a knife found in the gutter on the top of the house, No. 2—Murphy was two doors from that house when he whistled—we measured the places on the top of the houses, Nos. 2, Feather-bed-lane, and 17 and and 17 1/2, Fetter-lane, and the lead corresponded exactly.
JOHN COLE . I am an officer of St. Dunstan's. I went to the houses, Nos. 2,17, and 17 1/2, they join each other—the lead now produced corresponded with what had been on Nos. 17 and 17 1/2, but not on No. 2.
RICHARD KNIGHT . I live at No. 17 1/2, Fetter-lane. On the 18th of April, I found that some lead had been taken away which had been fixed to the roof, and formed part of the building—I saw the lead at the watch-house—I measured it, and it corresponded exactly—the house belongs to Mr. Daniel Fuller, and is in the parish of St. Dunstan-in-the-West.
Porter. I wish you to look at the knife, and see whether it is capable of cutting lead.
JURY. Q. When you first saw the door of No. 2, was it open? A. It was ajar—I pushed it open, and saw Porter coming down stain—the lead appeared fresh cut—the edges were quite bright.
Murphy's Defence. I got up that morning, and was going to work—I stopped at the corner of Feather-bed-lane to tie up my stocking—the watchman passed, and said it was a cool morning—I then went on—the watchman came with this man—he beckoned me, and took me—I was three hundred yards from him when he called me back.
opportunity of going away—when I went to the door he walked away, but he gave the whistle, and said what I stated—he was not tying up his stocking.
Porter's Defence. I went to the house to see a female; and not seeing her, I laid down and slept an hour or two.
PORTER— GUILTY . Aged 22.— Transported for Seven Years.
MURPHY— NOT GUILTY .
NOT GUILTY .
THOMAS JAMES . I am an upholsterer, and live in Bride-street, Liverpool-road—the prisoner was in my employ. On the 27th of March I went to Croydon—I left my workshop closed, except an opening at the top; when I returned, I missed a smoothing-plane—I mentioned it to the men in the shop; and on the Thursday afterwards I called the prisoner and told him I had lost a plane, and he must look till he found it—he said he would go and ask his mother; and I said why need he go to her—he then said, "Do you suppose I have stolen it?"—this is my plane.
Cross-examined by MR. CLARKSON. Q. Is it customary to take in pledges of such young boys? A. Yes, above twelve years of age—the policeman brought before the Magistrate a lad named Tomlinson.—he appeared older than the prisoner, but not much—I had not known the prisoner before—I swear that Tomlinson did not pawn this—the prisone stated that Tomlinson induced him to take the plane.
MR. CLARKSON to THOMAS JAMES. Q. who is Tomlinson? A. I never saw him till I went and took him at the instigation to the prisoner—the prisoner told a man on my premises where the plane was pawned—I think Tomlinson is fourteen or fifteen years of age—I had employed the prisoner occasionally since Christmas.
COURT. Q. What did the prisoner say? A. He said, "That boy is as bad as I am; he ought to go too"—I said, "What boy?"—he said, a boy at the corner of the court named, Robinson; but I inquired, and found his name was Tomlinson.
(Mrs. Humphreys, of No. 37, Compton-street, gave the prisoner a good character.)
GUILTY. Aged 15.—Recommended to mercy by the Jury. — Confined Three Months.
ALFRED BURT . I am in the employ of Messrs. Howell and Randall, but these reins were the sole property of Mr. John Howell. On the afternoon of the 23rd of April, I saw the prisoner near their stable, which is in the parish of St. Michael, Queenhithe, there was another person with the prisoner about the same size as himself—I was in our warehouse, looking
out of the door—they went down towards the stables—I went out and saw the prisoner coming out of the stables with the reins under his coat—I know them to be my masters.
Prisoner. The gate was wide open, and I saw them lying at the door. Witness. They had been hanging up in the stable.
GUILTY . Aged 17.— Confined Three Months.
WILLIAM PRESTON . I live in Stafford-place, Pimlico. On the evening of the 7th of May, I was on Holborn-bridge—I felt a tug, and on turning round, I saw the prisoner close behind me—I think there was another with him, but I kept my eye on the prisoner—he crossed the road into Farringdon-street, and I followed him—on the way I met an officer—the prisoner turned into Farringdon-market—I went and challenged him with taking my handkerchief—he said I was mistaken, it was not him—I said I was certain it was—I turned his coat aside, and found it in his coat pocket—I did not at the time recollect that there was my mark upon it, but since then, I have remembered that the print had run in the washing.
Cross-examined by MR. JONES. Q. Have you never said that you could not identify it? A. No; there are two or three marks on it—the colour is run out.
COURT. Q. Are you sure that this it the same pattern a the one you lost? A. Yes; certain.
CHARLES MOSS . I am an officer. I saw Mr. Preston take the handkerchief from the prisoner, who said he was innocent—it was between nine and ten o'clock at night—the prosecutor said most distinctly to me, "This is my handkerchief—and gave it into my custody with the prisoner.
Cross-examined. Q. Did the prosecutor point out the prisoner to you when he first spoke to you? A. Yes; the prisoner and he passed me—the prosecutor was following—I turned and went with him into the market—there were many persons passing.
Prisoner's Defence. The officer said he heard every word that the gentleman said to me, and when he took it out of my breast, he said, "I think this is mine."
MR. PRESTON. When I turned his coat back, I said, "I think here it is," but when I drew it out I said, "This is mine."
(John Levi, a pencil-maker, Jerusalem-passage, and Henry Cowan, his foreman, gave the prisoner a good character.)
GUILTY . Aged 19.— Transported for Seven Years.
1182. MARY RULE and CHARLOTTE RAWLINS were indicted for stealing, on the 14th of April, 2oz. of cake, value 2d.; 1lb. of beef, value 8d.; 2 cruets, value 5s.; 1 bottle, value 3d.; 1 pint and a half of ale, value 3d.; 2 jelly pots, value 2d.; and 6 pieces of wood, value 2d.; the goods of Richard Vandome Cowie.
morning of the 14th of April, at a quarter-past six o'clock, I saw Rawlins come out of Mr. Cowie's house, with a bundle under her cloak, and a bottle in her hand—I stopped her, and asked if she had worked for Mr. Blake, who had lived at tbat house—she said "Yes, some time"—I asked her what things they were she was bringing away—she said, only a few things the servant had given her—I asked if her master knew it—she said, "No"—I told her to sit down—I went to the house, and Rule opened the door—I said "There was a woman left here, a short time ago with a bundle, did you give her the things?"—she said, "Yes," and they belonged to herself—I said, "Do the cruets belong to yourself?"—she said, "Yes, none are my masters, but the two jetty-pots"—I said I must see her master—he came down, and told me to do my duty—I took both the prisoners into custody—Rawlins said, she lived at the Three Kingdoms, St. Dunstan's. hill—I went there and found some other things.
Cross-examined by MR. PHILLIPS. Q. Did not she say that Mrs. Cowie gave her some of the things? A. No; I heard Rule say that some of the things were broken, and they were given to her, but I do not recollect that she mentioned her mistress's name.
RICHARD VANDOME COWIE . I live at Wapping, and am a gunsmith—Rule was in my service nearly for twelve months—these are my property—I new gave Rule any authority with them—I am not aware that they are broken.
Cross-examined. Q. Did not Rule say that her mistress gave them to her? A. She said so before the Magistrate—her mistress is not here.
NOT GUILTY .
WILLIAM UNDERWOOD . I am a butcher, and live in Heath-street, Stepney. On the 15th of April I was outside the White Swan, at Shadwell—I saw the prisoner and two mdre females, and the prosecutor and another seafaring man, all in conversation—a cab drove up, and I saw the prisoner put her hand to the prosecutor's right-hand jacket-pocket, and take something out—the policeman came up the minute after, and took the prisoner—he put his hand into her bosom and took out a small yellow watch—the prosecutor was rather intoxicated.
THOMAS SMITH (police-constable K 157.) I went up to the prisoner, and said, "Old girl, what have you got there?" seeing something shine between her fingers—she made use of some had expressions, and put her hand into her bosom—I put my hand in and found this watch, which the prosecutor claimed; but he did not then know he had lost it.
JAMES MALCOLM WRIGHT . I am a sailor. I knew the prisoner before I went on my last voyage; I lived with her—I had a little yellow watch—I had never called it her little watch—on the day in question, I had it about me—the prisoner had no rigfct to take it—I never allowed her to use it—on the day this happened I was in liquor—I had no intention of giving her the watch—I never said I would.
Prisoner. He lived with me seven years; and when he came home from sea, I had moved—lie came to me, and staid from the Wednesday till Friday, and he said he would make me a present of this watch for old acquaintance sake—he was then going to Staines, and I said I would give him these two seals—he said what was the use of the seals without the
watch?"—I then gave him the watch, and he went to Staines—he returned in a fortnight—I saw him in the highway with two women and a shipmate—he said, he hoped I would not be offended, but he had given the two seals away—I said, very likely he had the watch too—he said, "No, I have not, and if you do not believe it, here it is"—he bit the ribbon of it that was round his neck, and gave it me—the officer then came and said, "What have you got about you?"—I said, "Nothing particular; I have his watch, which he gave me"—he said, "Give it me;" and he took it—we went to the King David station-house, and they would not take the charge—the prosecutor said, any thing he had I was welcome to, as he had lived at my house, and I had had a great deal to take care of for him—he gave me a silver-mounted card case on the day he gave me the watch, and this discharge from the ship, to take care of—I never snatched his watch from him.
GUILTY . Aged 28.— Confined Three Months.
PHILIP FREEMAN . I am in partnership with Mr. Richard Hall; we are linen-drapers, and live in St. John-street, Clerkenwell—the prisoner was our shopman—we had some suspicion, and got an officer—we found in his box these three pairs of stockings, which are ours; he had no authority to take them—I said, "These, I suppose, are ours"—he said, "Yes;" that it was his first offence, and he had taken them on the Friday previous—he had been four months with us, and had a good character.
GUILTY. Aged 18.—Recommended to mercy. — Confined One Month.
1185. MATTHEW MARSHALL was indicted for stealing, on the 25th of April, 1 pair of sculls, value 2s.; 1 cap, value 1s.; 1 pair of shoes, value 6d.; and 1 boat, value 20s.; the goods of Thomas Harrison Wapshott, in a certain vessel on the river Thames.
THOMAS MOODY . I am a Thames police-surveyor. On the 25th of April I boarded a boat at Bell Wharf—I found the prisoner in it—the name of Wapshott was on the boat—I found in it a cap and a pair of boat-shoes—I asked the prisoner if they belonged to him, he said they did—I saw Mr. Wapshott's vessel, and I hailed it—I took the prisoner to the vessel, and saw Mr. Wapshott, the master of the Good Intent—he claimed all the things—the prisoner said he took the boat and sculls to put himself on shore.
Prisoner. I was going to sell the shoes to get a night's lodging.
THOMAS HARRISON WAPSHOTT . I am master of the Good Intent, lugboat. On the 24th of April the prisoner came—on board about eight o'clock—he asked whether I would give him a night's lodging, as he had no where to lay his head down—I said, "Come and lie down in my cabin"—I got up at one o'clock in the morning, and removed my boat from the head of the vessel to the stern, and put the sculls on board—the officer afterwards hailed me, and asked if I had lost a boat—I said, "No;" but
I looked, and missed my boat—the officer then showed me these other things—I told him to let me have them, and let the prisoner go, but he would not—this cap is my son's, who is my apprentice.
GUILTY of stealing the cap and shoes. Aged 16.
Confined Six Months.
ROBERT DRAPER . I am a button-maker, and live in Wood-street, Cheapside. On the evening of the 29th of April I was in Milton-street—I was walking fast, and suddenly felt my handkerchief being drawn from my pocket—I put my hand down in hopes of saving one end of it, but it was gone—I turned, and saw the prisoner with it in his hand—he passed it to another man, who escaped with it—I seized the prisoner and gave him to an officer.
THOMAS MAQUIRE . I am a constable. I was in Milton-street, and saw the prisoner stoop down and throw the handkerchief to another person, who escaped—I took the prisoner—it was eight or ten houses out of the City.
EDWARD M'DOWALL (City police-constable No. 76.) I produce a certificate of the prisoner's former conviction, which I got at Mr. Clark's office—I was present at the trial, and know he is the man (read.)
Prisoner's Defence. This gentleman laid hold of me, and said I had robbed him—the officer took me to the station-house; and in going along, he said, "I know the one who took the handkerchief, and I will have him"—I have been in work ever since I left the Compter.
GUILTY . Aged 20.— Transported for Seven Years.
CHARLES LLOYD . I am a bedstead-maker, and live in New Northplace, Holywell-mount. The prisoner was two or three months in my employ—I suspected something, and gave him in charge—I recollect having a hammer in my shop, which he claimed; and when he was taken into custody he said be bought it at an old iron shop.
JOSEPH RUMBLE . I am an upholsterer, and live in Windmill-street. The prisoner was about three months in my father's employment—Lloyd brought this hammer to me, and I knew it to be mine—I had missed it—I saw this plane at the pawnbrokers, which is mine.
(George Squires, a green-grocer, of Finsbury-market, gave the, prisoner a good character, and promised to employ him.)
GUILTY. Aged 16.—Recommended to mercy. — Confined Fourteen Days.
1188. MARY ANN RICHARDS was indicted for stealing, on the 10th of April, 4 spoons, value 25s., the goods of John Anderson Blackett, her master; and ANN WHEELER for feloniously receiving the same, well knowing them to have been stolen, against the Statute, &c.
prisoner Richards was in the habit of coming to his house in a morning to clean the knives—about the 25th of April I missed three tea-spoons and one table-spoon—I went to a fortune-teller about them, and afterwards saw them at the police office.
BENJAMIN BLABY . I am a Thames police-officer. On the 26th of April, I went to No. 4, Tarling-street—I saw the prisoner Wheeler there—I asked if she had any duplicates—she said none—I clapped my hand on a pocket on the sideboard, and fonnd in it a duplicate of two silver spoons—she said they had been pawned for a friend—at last she said they had been pawned for Mr. Blackett's servant, that she had got them from her daughter, and pawned them for 14s.—she sent the servant 13s. and kept 1s.—I did not take her then, but I wafted till Richards (who is her daughter) came home—I asked Richards where she had the spoons from—she said from Mr. Blackett's servant Jane—I asked if she had had any thing before to pawn, and she said "No."
Richards. The spoons were given to me by the servant to pawn—I took them to my mother—she asked me if I took them—I said, "No"—my mother pawned them for 14s.—I took 13s. to the servant—Jane went with me to pawn the other spoon for half-a-crown, when we were going to a fortune-teller's.
JANE DODDS . I am in the service of Mr. Blackett. Richards used to come of a morning to clean knives and shoes—I have given her broken victuals, but never airy spoon, nor any thing else belonging to the house—I never went out with her any where—I never went to any fortune-tellers.
Q. Did not you go about three weeks before you went to the Magistrates? A. Yes, by myself—I recollect having three table-spoons on the table one day—I afterwards missed one—I then missed some tea-spoons—Richards was at the house on a Tuesday in April, when we were washing.
Richards. She went to the pawnbroker with me, and put the spoon into my hand in Ratcliff-highway to pawn—we were going to the fortuneteller's that day, but she had not time, and she went by herself afterwards. Witness. I never went with her any where.
WILLIAM CASON . I am in the employ of Mr. Austin, a pawnbroker, in Shad well. I produce a spoon pawned on the 14th of April, in the name of Ann Wheeler—the prisoner Wheeler came again on the Monday after, and said she wanted to stop a spoon which she had pawned, that no one else might have it—the officer came to us afterwards; and after that Wheeler came again and said, "If any one comes about the spoon, do not say any thing about it, or you will get me and my daughter into trouble"—this is the spoon—it has "J. A. B." on it.
Wheeler's Defence. That was the name she told me to pawn them in—I pawned them for my daughter, for the servant, as she said.
Richards's Defence. Jane gave me all the articles to pawn.
JANE DODDS re-examined. Q. The young woman says she received these articles of you; upon the solemn oath that you have taken, is that true? A. It is not; I never allowed her to take, nor gave her any spoon to pawn—I never received any money as the produce of any spoons.
RICHARDS— GUILTY . Aged 15.
WHEELER— GUILTY . Aged 30.
Confined Six Months.
Recommended to mercy.
Fifth Jury, before Mr. Recorder.
JUDITH MCDONALD . I am the wife of Patrick M'Donald. We live in Morris-court, Essex-street, Whitechapel—I went out on a Monday night, about two months ago, and left my gown in my room; when I came back, my window was open, and my gown was gone—in about a week afterwards I went to the pawnbroker's, where I found my gown—I went to Hartican and apprehended him—he said he would give me the half-crown that had been taken for the gown—I had taken Hayes before.
Hayes. I certainly did pawn the gown, but I gave Hartican the half-crown and the duplicate—a week afterwards the prosecutrix called, and asked me about the gown—I said I had pawned one at the corner of Booth-street—she then had me taken—she could not find the boy, and I was remanded—she then said, if I would give her 1s. 6d. she would find the rest herself—I was taken to the House of Correction for fourteen days—I was then detained at the gate, though I had the money in my bosom to give her.
MAURICE MOLLEY (police-constable H 62.) On the 28th of March I went to Turvey's-court, Essex-street, and took the prisoner Hartican—he said if I went with him to his father's, he would get the money and redeem the gown—I ascertained that Hayes was in the House of Correction—I pointed her out, and had her detained—she said, "For God's sake, what am I wanted for?"—I said, "For Mrs. H'Donald's gown"—she said, "I know all about it"—and when the came out, the said to the prosecutrix, "Here are 2s., are you satisfied now?"
Hayes. She would have taken the money, but the officer would not let her—he said she would have 20l. to pay. Witness. No, I did not—she said that Hartican gave it her, and that she returned all the money she got to Hartican—he did not go by that name, he was called Charley Duffey.
NOT GUILTY .
HENRY CANTIS . I am a medical student. I lived in Charlotte-street, Fitzroy-square—on the 28th of April I was in Holborn, near Gray's-inn-lane, at a few minutes after one o'clock—I felt something, turned round, and saw the prisoner pushing my handkerchief into his breeches pocket—I took him, and gave him in charge—this it my handkerchief.
Prisoner's Defence. I was passing Holborn, and saw two young men—one of them dropped the handkerchief which I picked up—the gentleman collared me, ana I said I picked it up.
MR. CANTIS. He was not more than five yards from me—there were other persons near, but he crossed the road, and I followed him—I know I had had my handkerchief safe a quarter of an hour before.
JURY. Q. Did you see it in the possession of the prisoner before he crossed the road? A. Yes.
GUILTY . Aged 21.— Transported for Seven Years.
SIMON SOUTHEY . I am a japan furniture manufacturer, and live in North-street, Finsbury-market. The prisoner was my porter, and had to receive money on my account—on the 21st of April I sent him with a bill to receive money, and he did not return—the next day I received a letter, by which I received the knot which the prisoner had used—he came to my house on the Friday afterwards, and said he had lost the money, and wanted to urge me into a contract to take it at a shilling a week.
(The prisoner put in a written defence, stating that he had lost the sovereign.)
NOT GUILTY .
MARY RAVENS . I live with Mr. Green, in Lisle-street, Leicester-square, On the 5th of May, the prisoner came to my master's house, she asked for a lodger on the first floor, named Morgan—I asked her into the parlour while I went down to take some eggs off the fire—I heard the back door open, I went up, and the prisoner asked me if she might go into the yard—I said, "Certainly," she soon afterwards went away, saying she would wait no longer—my mistress was ill, and did not come down that day till two o'clock—she then missed her cap and shawl—I went out in the afternoon, and saw the prisoner with the shawl on—I asked her to come back, she said she would not—I brought her back by force—she beat and kicked me, and it was with great difficulty I got her along—she said she had pawned the cap—I had never seen her before.
ELIZABETH GREEN . I am the wife of George Green. I lost my shawl and cap on the 5th of March—the prisoner was brought back with my shawl on; she begged for mercy, and said she had a child starving at home—I detained her, she had some eggs in her apron, she threw them at me—she tore my cap, my handkerchief, and my shawl.
Prisoner. She keeps a bad house in Lisle-street, she asked me to come and live at her house, and she would furnish me with clothes. Witness. No, I never saw her till that day.
JOSEPH GEE . I lodge at No. 37, Lisle-street. It is a respectable lodging-house—I heard a noise in the passage, I came down and saw the prisoner throwing the eggs at Mrs. Green—she was trying to get out, and I prevented her—she had a duplicate in her hand, which she was attempting to swallow; I took it from her, and she bit my thumb.
Prisoner. She lent me the shawl, I did not steal it—it is a common house in Lisle-street—this man lives there with a poor unfortunate girl, Witness. No, it is not; I live with my wife.
GEORGE ELLIS (police-constable E 66.) I have been on duty in Lisle-street. I know the house No. 87—it is a lodging-house, but not disreputable—I received the prisoner into custody, she said the shawl was lent her to pawn—her conduct was most outrageous; she told me I lived with a prostitute.
Prisoner. I said she had lent me the shawl; and because I had kept it so long, she, said she would have me transported, and so did the policeman. Witness. No, I said she deserved it.
Prisoner. I get my living by selling fruit—I sell some to the unfortunate girls, who live in her house—she dresses them up, and sends them out—she was in bed herself with a gentleman, in the back parlour, when I went in—I have no friends, and wish to be sent out of the country.
GUILTY . Aged 22.— Confined One Year.
SOPHIA SANS . I am the daughter of Benjamin Sans—he lives in Long-alley. I was in his back parlour on the 6th of April, when an alarm was given—I ran out, and took the prisoner, who was carrying these rods covered up in his apron—I asked him whether those rods belonged to him or me, he said, to me, and I took them from him—he said, "Give me my apron,"I said I would not.
JAMES BENSTEAD . I am a green-grocer. I was standing in my shop, which is next door to the prosecutor's—I saw the prisoner passing with these rods, and I gave information—I followed him, and give him into custody.
HENRY THURSTON (police-constable G 55.) I was passing Long-alley, the prisoner was given into my custody—these are the rods—he told me he took them, and was sorry for it; and to give him his apron and let him go.
(Thomas Owen, of Angel-square, and Mr. Spradbrow, of King's-head-court, gave the prisoner a good character.)
GUILTY. Aged 20.—Recommended to mercy. — Confined Three Months.
OLD COURT.—Thursday, May 14th, 1835.
Second Jury, before Mr. Sergeant Arbin.
1194. WILLIAM JOHNSON was indicted for stealing, on the 24th of March, at All Saints, Poplar, 1 coat, value 3l.; 12 combs, value 30s.; and 9 razors, value 1l.; the goods of Charles Gilham, his master, in his dwelling-house; to which he pleaded
GUILTY . Aged 26.— Transported for Life.
MARIA FOWLER . I am a widow, and live in St. Alban's hill, Chapel-street, Westminster. I go out to work—on the 3rd of March, I missed two bed-quilts, out of the one pair of stairs room—I had not left the room above ten minutes—it was a little after six o'clock in the evening.
GEORGE WILLIAM STEWART . I live with Mr. Harris, a pawnbroker, in High-street, Bloomsbury. I produce two quilts, pawned on the 3rd of March, in the name of Flynn—I did not take them in, and do not know who pawned them.
MARY KEZIAH FRANCES GIBSON . I have known the prisoner about three weeks—early in March she asked me to go out with her—I went to her house—she lives in Crown-place—I do not know how she gets her living—we went to Westminster—I do not know the name of the street—she took me to Mrs. Fowler's—I stopped at the door—she said she was going to ask for 3s., which she had lent to a young woman there—she had nothing in her hand then, but in five minutes she brought out two quilts—I did not see them till she got to the pawnbroker's in High-street, Bloomsbury—I saw the quilts—these are the same—she said she was going to pawn them, instead of the money she had lent the girl.
Cross-examined by MR. PHILLIPS. Q. Do you know the prosecutrix's house? A. I went there with the policeman, and knew the house again—I knew the pawnbroker's shop by sight before—I lived with Mrs. Armstrong, a nurse—I have not left Mrs. Jones yet, but I go home to sleep at the nurse's—I live with a Mrs. Jones in the day time, and clean the place, and mind the shop—the prisoner is an intimate acquaintance of Mrs. Jones—I think Mrs. Jones is a hard-working woman.
Q. Do not you know she gets unfortunate children to the two-penny theatre, and gets them seduced? A. No, I do not—I never saw the prisoner there—I went down with her one night there—I stood outside while she went in, but Jones was a stranger to me at that time—the prisoner owed me 1s. 6d.—her mother said, she had not seen her for three days, and sent me to Mrs. Jones to inquire for her—Mrs. Jones said she did not know where she was, for she had been robbed—I showed Mrs. Jones where her things were pawned—she said I had acted very honorably to her, and she would take me into her service—I have been to the two-penny theatre at the corner of Newton-street—but not for two months—I went alone—I am seventeen years old next November—Mrs. Jones did not give tickets for the theatre when I have been there—I paid for myself—I never went to Tottenham-street Theatre—I get my living by hard-work—I leave Mrs. Jones at nine o'clock, and do not know what she does after that.
(Property produced and sworn to.)
Prisoner. The witness has been in custody herself two or three times—she robbed her mistress in Blenheim-steps, of two sovereigns—she used to come and ask me to go out with her—I went to the play with her—she once asked me what we should do for money to go to the play—she told me to come down the court with her—she went into the prosecutrix's house, and got two quilts, she brought them along to Harris, the pawnbroker's, and put them on the counter—she then said to me, "You put them in your name," and when the man asked the name, I said, "Flynn," and she took the money.
NOT GUILTY .
1196. MARGATET FLYNN was again indicted for stealing, on the 10th of March, 1 looking-glass, value 6d.; 3 sheets, value 5s.; 1 quilt, value 2s.; 1 counterpane, value 4d.; and 1 blanket, value 1s. 6d.; the goods of Joseph Holt.
FREDERICK CLARKE . I am shopman to a pawnbroker in Tottenham-court-road. I have a quilt, blanket, sheet, and looking-glass, pawned at two different times in the name of Armstrong, by the witness Gibson.
AMELIA HOLT . I am the wife of James Holt, a shoemaker—this property is ours. I never saw the prisoner—I live in Wood-place, Oxford-street—the property was in my first-floor back-room—the street-door was left open—I went up stairs at eleven o'clock to turn my bed down, and every thing was safe—I went up again before twelve o'clock, and found the bolster lying against the room door—the door open, and the things gone.
MARY KEZIAH FRANCES GIBSON . On the 10th of March I went to the prisoner for 1s. 6d. which she owed me—her mother asked me to go out with her—she went to Oxford-street, and told me to wait there till she came down, as she wanted some money—she said she could borrow it there—she came down with a whole lap-fall of clothes—she went home with them, and her mother asked me to pawn them, pulling them from under her bed—I pawned them, and gave her mother the money, the destroyed the ticket, and gave the daughter the money—she went out, and bought a gown and a pair of shoes—I did not go to Wood-place—I waited at the corner of the court for above ten minutes—she came out with a lap-full of things—I did not see what they were till her mother gave them to me.
NOT GUILTY .
Before Mr. Justice Park.
1197. ROBERT OLIVER was indicted for stealing, on the 28th of February, at St. Ann and Agnes, London, 1 sovereign and 1 letter, the money and property of Frederick Spong. 2nd COUNT, stating them to be the money and property of Mary Ann Spong.
MESSRS. SHEPHERD, ADOLPHUS, and the HON. MR. SCARLETT, conducted
FREDERICK SPONG . I live at Kilkenny, in Ireland. In February last, I wrote a letter to Mr. M'Gragh, who then resided with the Earl of Ossory, at the Marquis of Ormond's, in Weymouth-street—there were two other letters in the cover—I wrote one letter, my wife wrote another—I put a sovereign into the letter I wrote, and sealed it—it was directed to Mary Ann Spong, my daughter—that letter was enclosed in another, which was directed to "Miss Spong, at Mrs. Martin's, No. 33, Bryanston-street, Bryanstone-square"—that letter was written by my wife, but I directed it—those two letters were put into another, addressed to Mr. M'Gragh—all three were under one seal, in an envelope, directed to the Marquis of Ormond, for the purpose of going post-free—here is the letter that was sent to Mr. M'Gragh—he is valet to Lord Ossory—I gave the packet to my son to get it weighed, and carry it to the Post-office—the letter to Mr. M'Gragh was afterwards returned to me in Ireland, by the post, and there was something written on it in red ink, to let me know what had become of the other letters.
GEORGE SPONG . I am the son of the last witness. In February I received a letter from my father to put into the post, directed to Lord Ormond—I took it to the apothecary's shop to get it weighed, and then I put it into the Post-office, in the same state as I received it from my father.
MICHAEL GILLAN . I am in the service of Lord Ormond. I received a letter from his Lordship to forward to Mr. M'Gragh—this is the direction I put on it (reads) "Mr. M'Gragh, at Viscount Northland's, Elston"—I
do not exactly remember when it was—I sent it the same evening as I received it from his Lordship—I gave it to George—the post-mark is the 14th of February.
SAMUEL GILMAN . I am a clerk in the dead letter-office at the Post-office. This letter was returned into that office on the 27th of February, from Helston, in Cornwall—it has the post-mark on it, showing that it has been there—it was returned to the dead letter-office, the person not being found there—it was wafered—I opened it, and found a letter enclosed in it which appeared to contain a sovereign—it contained a piece of money—it was addressed to "Miss Spong, at Mrs. Martin's, No. 33, Bryanston-street"—I entered the address in this book at the time—the usual practice is to enclose the letters in a book, and they are sent down in a locked box to the inland-office.
WILLIAM BLOTT . I am a clerk in the Inland department in the Post-office—on the 28th of February, I was on duty as clerk of the money letter-book—I received that morning from the dead letter-office a money letter, addressed to "Miss Spong, No. 33, Bryanston-street," which was entered in my book—it contained hard cash, I could tell that by my fingers—I have signed the dead letter-book as having received it—I copied the address into a blank receipt, which receipt I sent into the general office instead of the letter—that is the usual practice—that receipt was sorted to the letter-carrier, instead of the letter—this receipt was produced to me that morning by the carrier to whom I delivered the letter—this is the receipt; I wrote on it, "No. 38," to correspond with the No. in the book, and "Spong, No. 33, Bryanston-street"—that was all I wrote on it—there is now written on it the figure "1," and "sovereign, Received the above, Strong"—when the carrier has the money and the receipt, he should get it signed by the party to whom it is addressed—sometimes they also write the amount in the letter, but not always—this is the carrier's voucher for having delivered the letter—the carrier who has signed the book here is "R. Oliver"—I am not prepared to swear I delivered it to the prisoner, but I delivered it to the person who wrote his name here—I know he was a carrier at that time.
Cross-examined by MR. CLARKSON. Q. Your business is in the Inland office? A. Yes—my duty ended when I delivered the letter to the person who put his name to the book.
JAMES LAWRENCE . I am inspector of letter-carriers in the General Post-office—the prisoner was in the service of the office in February last, as a letter-carrier—Bryanston-street was in his district—on the 1st of April he absented himself from duty, and was dismissed a few days afterwards—an application was made to me on the 18th of April, respecting a money-letter, directed to Miss Spong, being missed—I went to the prisoner's lodging in consequence of that, in James'-street, Sidmouth-street, Gray's Inn-lane, and saw him—I desired him to attend at the office, as some questions, were wished to be put to him—he did not come—I went to him again, accompanied by Mr. Peacock and Leadbitter, the officer—I took the money-book with me, and called his attention to the entry of this letter, signed, "R. Oliver"—he said it was his signature, and that he had delivered the letter, and taken a receipt, which he produced—this is the paper he produced—it was his duty to keep the receipt, as his voucher—he said he had delivered the letter to a boy, near Mrs. Martin's house, No.
33, Bryanston-street—that he asked the boy first, if they had a person named "Strong" in the house, as he read the name "Strong"—that the boy said it was right—he did not say that the boy looked at the letter; he said he then gave the boy the letter, telling him it was 4s. postage, and to get the receipt filled up, and he would call for it the following day—and on the following day, when he was receiving the postage for a letter nearly opposite, the boy brought him the receipt—I afterwards accompanied the prisoner to No. 33, Bryanston-street, and saw a boy in the passage—he stated to the boy that he had delivered the letter to him—the boy said he did not recollect it—the boy was firm that he did not deliver the letter to him—the boy was afterwards questioned in the pretence of Mrs. Martin, and firmly denied ever receiving the letter.
Cross-examined. Q. I suppose you do not mean to give us the actual language which passed between them, but merely the substance? A. I believe 1 have stated nearly what passed—the boy said he did not recollect it, in fact, he had never received the letter—I had known the prisoner's lodging from the time he was first appointed to the Post-office, which was about twelve months—his lodging was recorded in the office—the receipts are vouchers for the letter-carriers—they need not produce them at the Post-office, unless called upon to do so—I should consider he would preserve them for his own safety—he might have destroyed the receipt if he pleased—he produced it with several others—I did not tell him the object of my visit—I said he was to answer some questions—he has accounted for the 4s.—I have no doubt he accounted for it in due course—he never varied his statement of the manner in which he handed over the letter, and the person he gave it to—I am not the person to whom he would account for the 4s.—he admitted that the writing in the book was his—he went readily with me to Mrs. Martin's to make the inquiry—I believe he has delivered letters in that district from three to six months—no doubt several money letters went through his hands in that time;—he had a file of seven, eight, or ten receipts, which he produced to me.
MR. SCARLETT. Q. When a postman has letters to deliver, is he not charged with the postage of every letter? A. Yes; in one total sum—the 4s. would be included in the amount—if he did not account for the whole sum, the attention of the office would be called to the transaction.
GEORGE LEADBITTER . I am an officer. I accompanied Mr. Lawrence to the prisoner's lodging, on the 23rd of April—I was present when the book was shewn him—his attention was called to his signature in the money letter-book—he said it was his writing, and that he recollected the letter very well, as there was some writing with red ink on the face of it—he said he received the postage the next morning, after he delivered the letter to the boy—he was asked for the receipt, which he produced, and said it was the receipt he received for the letter—I went with Mr. Lawrence, Mr. Peacock, and the prisoner, to Mrs. Martin's, in Bryanston-street—as soon as we got to the door of No. 33, it was opened by a boy—the prisoner said, "That is the boy I gave, the letter to"—he said he had met him in the street on the morning the letter was to be delivered, and knowing him to be Mrs. Martin's boy, he asked him if there was a person of the name of "Strong," or "Stong," in the house, and the boy said yes, it was all right—that he gave him the letter and the receipt, and told him to get the receipt filled up, with the sum of money that was in the letter, and the postage was 4s.—he was to call for it next morning; and that as he was delivering his letters, or collecting postage, next morning, opposite No. 33,
that the boy came over to No. 11, and gave him the postage, and the receipt, which he produced—he said all this before he saw the boy—when we got to the house, the boy was asked about it, and denied ever having received the letter, and having paid 4s. postage to the prisoner, at any time at all—he said so at once, and when he was confronted with the prisoner, he persisted in denying having received the letter from him, or a receipt, at all—I desired the prisoner to write on a piece of paper, "one sovereign"—this is his writing—I asked him to write his name, and "No. 33, Bryan-ston-street," then "one sovereign," and "Miss Spong"—he had written a figure "1," and spelt sovereign, "sovering."
Cross-examined. Q. Did all this pass on the subject of the letter before you got to the house? A. Yes.
MR. PEACOCK. I am clerk to Mr. Peacock, the solicitor of the Post-office. I went with Mr. Lawrence to the prisoner's lodging—his evidence is correct—I went to Mrs. Martin's—the boy positively denied having received such a letter from the prisoner, addressed to Miss Spong, and said that he never at any one time paid him the 4s., nor had he ever seen a paper like the receipt produced before, until about a fortnight previous, when a letter was delivered by another letter-carrier, with a similar receipt—the prisoner made the statement Leadbitter has given, and the boy said he never received a money-letter for Miss Spong, and that he never in any one instance paid him 4s. postage.
Cross-examined. Q. Were you examined before the Magistrate? A. I was not—the boy appears about fifteen years old—he did not use the words "in any instance"—I did not take down his words.
WILLIAM SONGEST . I am fifteen years old, and am in the employment of Mrs. Martin, of Bryanston-street, and have been so nearly twelve months; this is the second time of my living with her—Miss Spong lives in our house—there is no person named Strong—I know the prisoner by his delivering letters—he never delivered a letter at our house, for which I afterwards gave him a receipt—nor in the street—I never paid him a postage of 4s. on any letter—I never paid him 4s. at No. 11, or thereabouts—I once paid him 9d. at No. 11, but I did not give him a receipt—I cannot recollect when that was—I have never received letters from him in the street—I did not deliver this paper to him—no part of it is my writing—I know nothing of it—I can write—Mr. Sykes taught me to write.
Cross-examined. Q. How long had you known the prisoner? A. About six months, as the letter-carrier of the district—I have never talked to him, but asking him if there was any letter, and he has said "Yes" or "No;" that is all I have said to him—I think I have asked him twice, (not more to my recollection,) once in Portman-street, and once in Bryanston-street—I think Portman-street was the last time, but I cannot be certain—it was about a week before February—I think I did not receive any letters from him on either occasion, when I asked him if there was one—he answered me both times, "No"—I remember when the officer, Mr. Peacock, and the prisoner, came to my mistress's house—I think it was on a Thursday night—I think four persons came—nobody had spoken to me on the subject before that—I had had no conversation about the letter before that night—I never asked the prisoner if there was any letter for Miss Spong—I never asked him if there was any for Mrs. Martin—he once asked me for that name, but it was not a money-letter, and it was some time before that—I cannot recollect how long, but I
think it was about three weeks—Miss Spong had not told me she expected a letter—nobody had said any thing to me about one—they had not said they expected a letter from Ireland—when the four persons came to the house, they asked if Mrs. Martin was at home—they told me to wait outside a little, that I should be wanted, and after that, I was called into the room—I do not think Mrs. Martin was in the room when I went in—they had said nothing to me on the subject of a letter, before I was called into the room—the prisoner asked me whether I recollected taking in a letter—Mr. Lawrence was by at the time—I said, "I did not do such a thing"—that was all that passed before I went into the room—that was in the presence of the prisoner; and Mr. Lawrence, Leadbitter, and Mr. Peacock were up stairs in the room at the time—I said, in Mr. Lawrence's presence, that I did not recollect receiving the letter—that was in answer to the first question put to me—I never saw a letter given to a servant in the street—I never took one in the street myself; it has always been at the door—I should not have had the money to pay the postage in the street.
Q. Why was it you asked him on two occasions if he had got any letters? A. I should have gone back with him, and taken them up stairs to Mrs. Martin, and got the money—I never received a letter from a post-man in the street—I was in the room about a quarter of an hour—I was asked a good many questions, and I had to write my name down—I was asked if I ever had a receipt for a letter put into my hands—I think Mr. Peacock asked me—he and Leadbitter questioned me—the prisoner was in the room at the time—he said what I said was false—I was examined twice at Bow-street, and I went twice to the Post-office, where they asked me some questions—I went from there to Bow-street both times—Mr. Peacock asked me some questions at the Post-office.
Q. How came you to say you did not recollect any thing about it? A. Because I did not at first; but when I stood up and recollected myself I recollected not receiving the letter—I was uncertain at first whether I had received it or not—I recollected about a letter which we had up in the second floor, where Mr. Jeffries lived, but that was not from this postman; that was one without a livery—I heard the name mentioned of the person who signed the receipt for Mr. Jeffries's letter, which was a money-letter, but I did not sign that receipt—the postman offered me that letter, and I said I would go and fetch Mr. Jeffries down; that is since this—I never received a money-letter in my life, or signed a receipt—I do not remember paying the prisoner any postage higher than 2s. 3d., that was the highest I ever paid for a letter—it came from Paris, I think for Mrs. Martin—I do not know whether there was any thing in it—I am almost positive it was 2s. 3d.—I would not say it was not 2s. 4d.—I never had any quarrel with the prisoner—there is a boy about my size living at the shoemaker's, next door to us—there are two boys at No. 11—there is one at No. 31, and one at No. 32, and there is one more in Mrs. Martin's house, named Roberts—he is about fifteen or sixteen years old—he lives there with his mother and father who keep the house—Mrs. Martin is a lodger, and I am her errand-boy—Miss Spong lives there now.
Q. Did you ever happen to lose a letter while you were at Mrs. Martin's? A. Never—Miss Spong never asked me whether I had received a letter for her—she never told me she expected one—I left Mrs. Martin's more than two years ago—she then lived in the same house—I left her because I got a better place at Mr. Squib's, in Orchard-street—I never
served any body before that—I have lived at a Mr. Pitt's, a china-shop, in Berkley-street—Mrs. Martin's was my first place—I lived with Mr. Pitt about nine months—I left him because he stopped my money because I broke a pan—I left of my own accord—my mother took me away because he took my money—I never heard that he made any complaint against me—after leaving him I came back to Mrs. Martin's again—I lived with Mr. Cox, a butcher, in Portman-street, who I was going to be apprenticed to, but I did not like the business—that was before I went to Mr. Pitt—I was there about eight months—that was after I had left Mrs. Martin's the first time, and before I went to Mr. Pitt—I left her to go to Mr. Squib, a surgeon, in Orchard-street—I left him because I was very poorly one morning, and went out in the Park to take a walk, I stopped longer than I should have done, and my work was not done, and he turned me away—he gave me no other reason—I have been at jobs at places in the neighbourhood, wherever I could earn 1s. when I have been out of place—I have done jobs for about three persons, I think—I do not recollect telling Mr. Flower, at Bow-street, that I had not lived with any one but Martin and Squib.
MR. ADOLPHUS. Q. Was there ever at any one of those places a charge of dishonesty made against you? A. Never; all that passed when I was at the Post-office was in the prisoner's presence.
COURT. Q. Before you were called into the room, you said to Mr. Lawrence, that you did not recollect having received such a letter? A. Yes—I had opened the door to them—the prisoner said, "That is the boy"—he did not say what he meant in my hearing.
Q. Did you ever say to any body at anytime, that you once received a letter from the prisoner for Miss Spong, and paid 1s. for it? A. Yes, I do recollect that I said so—I do not recollect when it was—I think it was soon after I went into Mrs. Martin's service the last time—I received that letter at the house—I have been a year with Mrs. Martin the second time—I cannot recollect whether I received the letter from the prisoner or any other letter-carrier—I do not recollect to whom I paid the 1s.—I said I paid it to the prisoner, and I think it was to the prisoner—I am sure I paid 1s., but I do not know to whom.
MARY ANN SPONG . I reside in the house of Mrs. Martin, Bryanston-street—I am the daughter of Mr. Spong, of Kilkenny—I did not receive a letter in February last from him, containing a sovereign—I did not expect one at that time, nor know one was going to be sent—this name of "Strong" on the receipt is not my hand-writing.
Prisoner's Defence. I delivered the letter to the boy in the usual way—he is the only person who takes the letters—I met him, and asked him for the name of Strong—he said that was all right—I gave him the letter, and told him I would call next time on my delivery; and next morning he came over to me, at No. 11, and gave me the receipt and 4s.
GUILTY . Aged 27— Transported for Seven Years.
Before Mr. Justice Littledale.
1198. JOHN BEESON was indicted , for that he, on the 17th of April, in and upon William Emerson, unlawfully, maliciously, and feloniously, did make an assault, and unlawfully, &c., did wound him in and upon the right side of his face, with intent feloniously, wilfully, and of his malice aforethought to kill and murder him.—2nd COUNT, stating his intent to be to disable him.—3rd COUNT, stating his intention to be to do him some grevious bodily harm.
WILLIAM EMERSON . I am a butcher, and live in Portman-market. I was in Mr. Souton's shop, in Newgate-market, on Good Friday morning; he is a wholesale butcher—I saw the prisoner there between eight and nine o'clock in the morning—I knew him before—he said to Mr. Souton, "Mind what you are about with that man, he it the b—st rogue in all England, and he will rob you, for he has robbed me"—I was dealing with Mr. Souton for some beef—he never mentioned any name—I went up to the prisoner and asked him for an explanation of what he had said—I said, "If I have robbed you, why not bring me to justice?"—he said, "Stand off, you b—thief, or else I will knock your brains out," or, "knock your head off," I am not certain which—he had nothing in his hand—I turned round to go away, and then I received a blow—I had not a chance to be on my guard against it—I did not see the blow coming—I did not see what he struck me with—I received a blow, and it made me senseless—the blow was struck under my right eye—it must nave been something tremendously hard, for it laid my cheek-bone open—I was knocked senseless against the window—the blood streamed down my face—I did not feel any pain, for I was stunned—it cut me to the bone—I had not struck him before he struck me—the moment I recovered, Mr. Venables said, "For God's sake don't let that man go, take him away, and lock him up;" I gave him in charge—I was led to St. Bartholomew's-hospital—I went to the Compter first, to give him in charge, and was led from there, to the hospital—my wound was dressed—they ordered me leeches and pills—they wished me to stop there, but I wished to go home, and I did—I was confined to my house, and did not go about my business—I kept my bed from Friday till the Tuesday evening.
Cross-examined by MR. PHILLIPS. Q. What time on Friday morning did this happen? A. Between eight and nine o'clock—I got home about ten o'clock, I suppose—the bells were ringing for prayer—I was never in any quarrel, or before any Justice—I have been engaged in a fight, and the prisoner became my bail to keep the peace—I was his foreman at that time—I was compelled to fight—I did not say I was never before a Justice in my life—a party once came round the shop, and there was a quarrel—Mr. Beeson said, "Go out, and fight!" and I did—that was the only time I was ever before a Magistrate—I have been in London four years—I have been before what they call a Justice in High-street—that was when Mr. Beeson took me out to fight—I said I was never before a Justice in the country—when this happened, Mr. Souton was present, and Allen the salesman, and the man who cuts up the meat—I do not know Richard Stone—I do not remember seeing that man—he might be there—a good many people crowded round the shop.
Q. Did not the prisoner say you had robbed him of 70l., and turned his wife and family into the street? A. I cannot swear whether he did or did not say so—I do not recollect the words—he spoke three or four times over—I did not always hear what he said—I cannot swear he did not say so—I did not tap him several times on the shoulder—I did not say to him, "How many have you done?"—he said, "Stand away," that was all he said—I had laid
no hand on him—I said, "I want an explanation of what you have been saying"—I put my hand out, whether I touched him on the breast or not I cannot say—I neither touched him on the shoulder or collar—I may have touched him on the breast, but I cannot say whether I did or not, I was so confused—I will swear that when he said, "Keep your hands off, you villain," I did not say, "Not worse than you"—he did not attempt to push me away—when I went to him, he said, "Stand away, you b—thief, or else I will knock your brains out!"—when I first went up to him, he said, "If you don't leave off, I will knock your head off!"—there was not half a dozen words said before the blow was struck—I did not say, "It does not lay in your shoes to do it," to my knowledge; nor any thing to that effect—I did not touch him on the collar before I got the blow—I did not shake him or push him before I got the blow—I never touched him at all, nor he me.
Q. Now, did you not, after you got the blow, and were knocked down senseless, seize him by the throat, saying, "You b—, I will scrag you?" A. No, I did not; I only caught hold of him by the collar after the blow was struck, and held him, till I gave him in charge—I never struck him, or tapped him on the shoulder, during the transaction—I was in bed for five days—I was not walking in Lisson-grove on that Friday, with my face tied up—I was never out of my room, I swear—I never heard the prisoner say I had robbed him of 70l., and turned his wife and family into the street—he said, "Mind that man, he has robbed me"—he had said it two or three times—I walked up to him for an explanation—I was angry at it—I made this charge against him at Guildhall—I did not attend the first examination, for I was confined to my bed, and did not go—the doctor wrote a letter and sent there—I was the prisoner's foreman once, and took his shop of him for six months—I paid him the rent of it, and acted in it solely on my own account—there was a written agreement between us—my attorney had it when I entered an action against him for distressing me for rent—I paid for the agreement when I took the fixtures—the agreement was delivered to me by the prisoner, and the man who valued the goods.
Q. There were a number of hooks hanging about, were there not? A. Yes, a great many—he had no weapon in his hand at the time I went up to him, and put my hand out to him—I was not up at eleven o'clock at night on the Sunday following this Friday.
THOMAS RICH . I am in the employ of Mr. Souton, in Newgate-market. On Good Friday morning, Emerson was in the shop—the prisoner was there—I heard him say to Souton, "Mind what you are at, Sir, for that is the b—st rogue in England"—Emerson went towards him, holding his fingers out, and asked him for an explanation—the prisoner said, "Stand away from me, or I will knock your b—head off!"—the prisoner turned round, took hold of a hook, and struck Emerson with it—the hook hung on a hook with some more—he only had to turn round to get it—he struck Emerson in the right cheek—I should think it was a very hard blow—his cheek bled—Emerson had not struck him at all—he recovered the blow, jumped up, and took the prisoner by the collar till the officer came, and gave him in charge—he was knocked down staggering.
Cross-examined. Q. Did not the prisoner say, "Do not let the rogue rob you as he has done me; he has robbed me of 70l., and turned my wife and family into the street?" A. He said Emerson had robbed him of 75l.—I did not hear about turning his wife and family into the street—Emerson walked towards the prisoner, and put
his fingers towards his chest—I should say he touched him, and more than once—I did not hear him say, "How many have you done?"—it might have passed, but I never heard it—I will not undertake to say whether he touched him five or six times or not—Emerson did not take hold of the prisoner, or shake him before the blow was struck—no scuffle took place between them before the blow was struck—the prisoner desired Emerson to take his hand from him before he struck him—I never heard Emerson say "You b—, I'll scrag you"—I do not know Richard Stone—before the blow was struck, the prisoner said to Emerson, "Keep your hands off me, you b—y rogue, or I will knock your brains out"—all I saw was, that he put his hand towards his chest; and he touched him more than once—the transaction lasted twenty minutes, but not five minutes till the blow was struck—when Emerson went towards him, the prisoner walked a little backwards towards the hooks—backing towards them—that was at the same time Emerson's hand was towards his breast—I did not go to the hospital with Emerson—I went before the Magistrate on the Wednesday following—I believe Beeson went on the Saturday following to Guildhall, but I was not there.
RICHARD MATTHEWS (City police-constable No. 80.) I was at Souton's shop on Good Friday morning, and saw Emerson and Beeson there—Emerson was bleeding much when I came in, and he gave the prisoner into my charge.
JAMES ALLEN . I am a butcher in Mr. Souton's employ. I was in the shop on Good Friday—the prisoner came there first, and bought some beef of Mr. Souton, and afterwards Emerson came and bought some—when he came in, the prisoner was paying for his beef at the counting-house—there was a little dispute about some beef Emerson had bought; and while he and Mr. Souton were talking at the block, (it could not be called a dispute,) the prisoner said, "Take care of him, he is the b—st rogue in all England; he has robbed me of 75l."—Emerson went up for an explanation—a few words occurred, but I cannot exactly say what—Emerson merely put his hand towards him once or twice, asking him to explain himself—the prisoner said, "You know you robbed me, and robbed my family," and told him if he did not keep his hands off him he would knock his head off, or his brains out, I cannot say positively which—the prisoner was close to the hooks, nearly—he took a hook aad hit Emerson under the eye with it.
Cross-examined. Q. You did not hear the prisoner say, when he first saw Emerson, that he had robbed him of 75l., and turned his wife and children into the street? A. I did not hear about his wife and children—Emerson might have touched the prisoner two or three times—I cannot say whether the prisoner was retiring as he advanced to him—I do not think Emerson was in a violent temper—he did not seem angry—he touched him softly—nothing to hurt him—I cannot say whether the prisoner attempted to push him away or not—I was in the shop looking on—I cannot say whether Emerson did or did not say, "It does not lie in your shoes to do it"—he did not take him by the collar and shake him—he did not collar him at all till after the blow was struck, nor push him at all—I did not hear Emerson say, "You b—, I'll scrag you," after the blow was struck—I saw no struggling before the blow was struck.
WILLIAM HARPER . I am a butcher, in Newgate-market. I was standing outside Souton's shop, and heard a disturbance—I went in, and saw the prisoner and prosecutor close together—I saw the prosecutor with his hand
out pushing the prisoner with his fingers—the prisoner said, "If you do not stand off, I will knock your head off," or words to that effect—he kept putting his fingers on him, and did not go away—he repeated the pushing him with his fingers—the prisoner turned his body round, and took a hook from several more which hung within his reach, swung his body round with it, and caught Emerson right underneath the eye—the prosecutor reeled—I cannot swear to the hook, they are so much alike—it was a hook of this description.
Cross-examined. Q. Were you in he shop at the time? A. No; I heard a disturbance and walked in—I was in the opposite shop—when I came in, I found Emerson in the act of pushing the prisoner backward with his finger—the prisoner wished him to keep off, and said so two or three times—the prosecutor wished for an explanation.
COURT. Q. Was the prisoner retiring? A. He got back a little way, and wished the prosecutor to go away from him.
FRANCIS FITZPATRICK . I am an apothecary, and live in Lisson-street, Lisson-grove—I was called in on Good Friday to attend Emerson—as near as I can recollect, between ten and eleven o'clock at night—I found his cheek in a state of great inflammation from the blow he had received—there wasa wound about an inch in length—I did not probe it—I cannot say how deep it was, this was fourteen hours after the accident—I did not like to probe it—he was suffering great pain and agony, he said, from the pain in his head and face—I could not see the bone—there had been leeches applied before I saw it, and it had been dressed—I continued to attend him—my attention was more directed to the inflammation than thewound itself—the inflammation extended up the side of the face, and to the forehead—he was in bed when I saw him—I bled him rather freely that night, and attended him on Monday—on Tuesday morning when I called he was out—I saw him on the Saturday and Sunday, in bed both times—I saw him twice on Saturday, each time in bed—I saw him between ten and eleven o'clock on Saturday morning.
Cross-examined. Q. There was no danger about the wound? A. I apprehended more danger from the inflammation—it appeared to me a severe bruise—it was not an incised wound—it was such a blow as might be inflicted with the blunt end of this hook—I attended him three days, and he came occasionally afterwards to my shop to have his faced dressed—I advised him to live entirely on gruel the first day, but the second day I said he might have mutton broth—I should say he was able to go about on Tuesday—he called on me in the afternoon, and said he had been to a banister or a lawyer, I forget which—there was no plaster on his face—no medical man would put a plaster on a bruised wound—I could see the wound on Friday night, and at other times when I called—the only local application was poultice—I put on a plaster, when the inflammation had subsided.
COURT. Q. You say ft was not an incised wound? A. Yes; I call an incised wound a cut, or any wound made with a sharp instrument—it was a contused wound—it appeared to have bled—it must have bled from the extent of it—blood is drawn from a contused wound, as well as an incised wound—the skin had been severely broken.
WILLIAM EMERSON re-examined. I went to the hospital directly after I went to the Compter—it was before I went home—the bells were ringing for church when I got to Paddington, in a cab—they ordered a great quantity
of leeches in a jar, I took them home, and my man put them on—they cleaned the wound out with some lint or something at the hospital—I cannot say how deep the wound was—they tied a black handkerchief over it at the hospital—it bled after I got to the hospital—the blood was running down—a woman got hot water and a flannel, and wiped it.
Prisoner's Defence. I was in Souton's shop—there was a dispute between the prosecutor and Souton—I said to Souton, "Don't let the man rob you as he has me"—he made no more to do but crossed the shop, came up to me, and said, "What do you mean?" he caught hold of my collar, and said, "You b—, I will shake you out of your shoes"—I said, "Keep off "—he caught hold of my collar, and shook me four or five times, and I hit him with the hook—he pushed roe several times with his hand before he collared me.
FRANK SOUTON . I am a carcass butcher in Newgate-market. On Good Friday morning the prosecutor was purchasing some thing of me—there was some little difference between us—the prisoner said, "Souton, take care of that fellow, for he will rob you—he has robbed me of 70l. or 75l."—I did not hear a word about his wife and family—the prosecutor went up to him as if for an explanation—he put his hand against him, and said, "What have I robbed you in" or something—he put his hands three or four times against his breast, and said, "What have I robbed you of?"—he seemed very angry—he was not in a rage, but certainly was angry—the people then came into the shop so lost, I wanted to keep them out, I turned round, and did not see what took place—I heard the blow, and when I tamed round, I saw the prosecutor stagger and drop on the window—the prisoner wanted to go away, but the prosecutor caught hold of him, and would not let him—this was afterwards—he held him till the policeman was sent for—I do not think he was insensible at that time at all.
RICHARD STONE . I am a butcher, and live in Strutton-ground, Westminster. I was at Souton's shop on Good Friday morning—the prisoner and prosecutor were there—Emerson and Souton were at the counting-house together—I heard the prisoner say to Emerson, "You have robbed my wife and family of 70l., you villain; you know you have"—they were close together at that time—Emerson tapped htm on the shoulder, and said, "How many have you done?"—he only tapped him on the shoulder once—Beeson pushed his hands away, and said, "Keep your hands off me, you villain, do"—Emerson said, "Not worse than you," and pushed him with his hands on the shoulder—and pushed him backward, like, from him—he only pushed him once—he pushed him towards the rail where the hooks hung—the prisoner was going backwards—Emerson was not advancing on him then—he was pushing the prisoner from him—the prisoner then said again in a very great passion, "Keep your hands off, you villain, do, or else I will hit your head off"—the prosecutor then turned his hand back-handed, and took him by the collar of his coat, and said, "It don't lay in your shoes to do it"—he pushed him about two-yards back towards the rail, where the hooks hung—he had got hold of him by the collar at the time—he shook him a little, but not much, and pushed him with his left shoulder against the hooks—I am sure Emerson did this before the prisoner either struck him, or attempted to strike him with any thing—upon that, the prisoner put his hand up and took off a hook, and came back-handed and struck the prosecutor on the eye with the hook—he reeled a little from the blow, and then the prisoner put the hook up in its place again, and walked into the middle of the shop—as soon as Emerson recovered himself, he followed him, and somebody outside called
out to Emerson to collar the rascal—"I did not hear Emerson say to the prisoner, you b—r, I will scrag you"—I walked out of the shop directly it was done.
JAMES BROWN . I am a cheesemonger, and live in William-street, Lisson-grove—I know the prosecutor. On the Sunday following Good Friday, I remember seeing him in the neighbourhood—he stood talking to me at my door—I had heard of the occurrence that took place on Friday—I have no doubt it was the Sunday after Good Friday—it was between eleven and twelve o'clock at night—he had a plaster under his eye—we talked about the scuffle in the shop—I have known the prisoner upwards of ten years.
NOT GUILTY .
Before Mr. Justice Park.
1199. THOMAS MOORE was indicted for burglariously breaking and entering the dwelling-house of William Brett, about the hour of four in the night, of the 10th of April, at All Saints, Poplar, with intent to steal, and stealing therein, 1 shirt, value 3d.; his goods, 1 tea-kettle, value 9s.; the goods of George Kyne; and 1 bag, value 6d.; 2 lasts, value 1s.; 1 hammer, value 1s.; and 4 awls, value 1s.; the goods of Henry Wright.
WILLIAM BRETT . I live at No. 2, Park-place, in the parish of All Saints, Poplar. I rent the house—I have lived there four years, and have two lodgers, named Amelia Kyne and Henry Wright—I have a kitchen in the yard adjoining the house—I can go from the house to the kitchen without going into any open place—I was in the kitchen on the night of the 10th of April, about ten o'clock—the window was down, but not fastened—there was a glass hanging on the screw which usually fastens the window—I use it for washing and shaving—I was alarmed about four o'clock by the report of a musket or pistol—I got up and came down stairs, opened the street door, and saw nothing there—I then went to the kitchen, and found the kitchen window open—I am sure I had left it shut the night before, it looks into the yard—a person must get over into the yard to get to the window—I found my shaving-glass lying on the washing-stool in the kitchen, and my washing-basin removed from the washing-stool, and put into the yard—I missed a shirt which had hung on a horse in the wash-house, the wash-house communicates with the kitchen, without going into the yard.
AMELIA KYNE . I lodge in the prosecutor's house, and am the wife of George Kyne, who is at sea. I occupy two rooms, and have the use of the kitchen—I saw my tea-kettle safe about eleven o'clock the night before, in the kitchen—I saw a bag of tools belonging to Henry Wright in the kitchen that night, hanging on the wall—I saw a shirt hanging on a horse in the kitchen at the same time, and Wright's drawers hung on the clothes line—I am sure the window was shut when I left the kitchen; it had not been open for two days—I missed these things next morning when the alarm was given.
HENRY WHITING . I live at the back of the prosecutor's house. I heard a noise in the yard about four o'clock—the yard is between my house and Brett's—I got out of bed, and went to the window; I saw the prisoner coming over the wall—I am positive of him—he was coming as from Brett's house, over the wall between my premises and Brett's—I never saw him before—I was thirty or forty yards from him—it was light enough to distinguish a man at that distance—he had a pair of flannel
drawers in his hand—this was about four o'clock—I did not see him with any body else—I saw on the wall a tea-kettle, a quart pot, and a pewter hand-basin—I saw him with them—I did not see him take them off the wall—I threw up my window and called out to him; he stooped down to hide himself—I told him I could see him, and asked what he did there—I told him I would fire if he did not stop—I said so several times, and fired in the air to alarm my neighbours—I only had powder—I afterwards saw him in Mr. Brown's yard, and secured him.
THOMAS SQUIRE . I am a policeman. I heard the alarm—I went into a yard adjoining the premises, and saw the prisoner in custody—I have a shirt and tea-kettle which I found in the second yard from the prosecutor's—I found a bag of tools in the next yard to the prosecutor's, and two pieces of leaden pipe, and two brass cocks; one belonging to Brett's yard, and the other to the next yard.
HENRY WRIGHT . I am a seaman, and lodge in the prosecutor's house. This bag and tools are mine, and so are the drawers—the tools were in the prosecutor's kitchen the night before, and the drawers on the line in the yard—the tools are all shoemaker's tools—the awls found on the prisoner are mine.
Prisoner. I know nothing about the things.
GUILTY of breaking and entering, but not of burglary—Aged 25.
Confined One Year.
First Jury, before Mr. Recorder.
1200. JAMES SMITH was indicted for burglariously breaking and entering the dwelling-house of William Hoggins, about the hour of eight in the night, of the 20th of April, at St. Leonard, Shoreditch, with intent to steal, and stealing therein 2 breast-pins, value 8s.; 1 shawl, value 1s.; 1 tippet, value 1s.; 1 pair of braces, value 6d.; 1 stud, value 6d.; 1 box, value 6d.; 1 brooch, value 3s.; 1 watch-guard, value 3s.; and 1 pocket-book value 6d.; his goods.
WILLIAM HUGGINS . I am a fishmonger, and live in Black-horse-fields, at Haggerston, in the parish of St. Leonard, Shoreditch. On the evening of the 20th of April, I left my house with my wife, about seven o'clock—I left nobody in the house—I returned about half-past eight o'clock, and heard my dog bark—I found my gate fastened, but my window opened, and a light in my room on the ground floor—I got along the rails by the ditch, looked into the room, and saw the prisoner searching my drawers all over, going from one drawer to another—I had left the house locked up and closed—my wife had locked it up, but not in my presence—I found the street-door and yard-door locked when I returned, and I am sure the window was down when I went out—I got over the pales—he was so busily engaged he did not observe me—I got to the window, looked at him for some minutes, and then said, "What do you do here?" with that he blew the candle out; and I said, "You had better come out, it is of no use stopping there"—he made a rush all in a moment to come out—I had seen him putting things into one pocket and another pocket before the candle
was put out—he blow the candle out when I spoke to him, and made a rush out of the window—I caught hold of him; he resitted a little, he kicked and pinched me several times—I said, "It is of no use"—he could not get from me—he tried to get over the palings, but I pulled him back again—I kept him there, and called the police—he was feeling in one pocket and another, but what he was doing I could not tell at the time, but found he was chucking the things out of his pocket—I found thrown about where we had been scuffling, my watch-guard, which was broken, also a diamond pin and brooch—I called the police—Reeves came and jumped over the gate, he took the keys out of my pocket, and let in the policeman—I had the keys of the gate and the door in my pocket—they remained locked—the policeman and Reeves went into the house—I followed them in; when they struck a light, I found my things all strewed about—a shawl and tippet laid on the carpet—I had left that shawl on a chair when I left—he was taken to the station-house—a chisel and hat, which did not belong to me, were found inside the house—the value of all the articles is not 10s. 6d.—it was not quite dark when I left home—I could see a man's face by the light of day at that time—it was not candle-light when I left the house.
Cross-examined by MR. PHILLIPS. Q. Is it your dwelling-house? A. Yes; the things are all my own—the prisoner was taken that night—I never let him go.
ELIZABETH HUGGINS . I am the prosecutor's wife. I fastened up the house before I left—the window was shut—I was the last person that came out of the house, and am positive it was all fast—I put a small wooden skewer in the window to fasten it, and am positive that was in it at the time—I found it on the bed afterwards—I put it in instead of a screw, to keep the sashes together—when I returned I found the place in great confusion.
Cross-examined. Q. Did you try the window before you went out? A. Yes; I secured it the last thing—every place was secure—I have no servant.
GEORGE REEVES . I am a boot and shoemaker, and live in Brunswick-street, Hackney. I heard an alarm, and went to Hoggins's house—I found him on the top of the prisoner, keeping him down—I took the keys out of Huggins's pocket—I found the street door locked—I opened it with the key—nobody could have got in, except by the window—three drawers were open—it was quite dark then.
EDWARD RAPSON (police-constable N 235.) I heard the alarm, and went to the prosecutor's house—I found the things disturbed—I took the prisoner to the station-house, then returned to the premises, and found these braces on the window-ledge—the prisoner took the hat from the table himself, and retained it.
WILLIAM GILLETT . I am a policeman. I have a breast-pin, a shirt, tippet, stud, brooch, and watch-guard—part of the guard was picked up in my presence, directly under the window—I found this chisel under the window—I matched it with two drawers, and it opened them—there was tallow on the chisel, and on the drawers.
Cross-examined. Q. Did the marks fit it? A. Yes.
GUILTY of breaking and entering, but not burglariously.— Transported for Seven Years.
1202. JAMES ANSTICE was indicted for burglariously breaking and entering the dwelling-house of Joseph Negus, about the hour of three in the night of the 18th of April, at St. James's, Westminster, with intent to steal, and burglariously stealing therein, 1 coat, value 30s.; 3 shirts, value 15s.; 7 handkerchiefs, value 12s.; 4 napkins, value 4s.; 2 umbrellas, value 6s.; 4 pair of stockings, value 4s.; 1 ring, value 6s.; 1 cash-box, value 10s.; 18 pence; and 24 halfpence; his goods and monies.
JOSEPH NEGUS . I am a baker, and live in Little Pulteney-street, in the parish of St. James's, Westminster. I occupy the whole house—I went to bed on Saturday, the 18th of April, between twelve and one o'clock at night—the doors and windows were all secured—I have a back door to the house, which was only shut too—it has no lock, but a bolt—it was not bolted—any body in the yard could open it—there was a bolt on it, and when I left it I bolted it, but lodgers might have come down afterwards, and unbolted it—it was bolted when I went to bed—it is occasionally opened after I go to bed—I was not alarmed—I was called up by my servant at seven o'clock in the morning as usual, and found the parlour-door burst open, that had been locked own night—I had taken the key up with me—I found all the drawers and boxes in the room opened, and a great many articles of apparel gone—I went into the shop—that door was not locked over night, but it was closed—I missed from a desk a ring, and the copper money mentioned—I went down to the station-house, and there found a cash-box, which I had not missed before, as I went down directly—I found a coat at the watchhouse—I missed some shirts, handkerchiefs, neck handkerchiefs, two umbrellas, and some stockings, worth altogether about 5l., but 10l. would not replace them—I had taken a very remarkable halfpenny on the Saturday night, and left it locked up in the desk—I have since seen that in the hands of the policeman.
Cross-examined by MR. DOANE. Q. Were you the last person that went to bed? A. Yes, of my own family—it was quite day-light when I came down—there are four different lodgers in the house.
BENJAMIN GUNNING (police-constable C 145.) I was on duty in Peter-street, on Sunday morning, the 19th of April, at four o'clock—I saw the prisoner come out of Walker's-court, St. James's, with a coat under his arm—that was two or three hundred yards from the prosecutor's house—it was just getting light—I could see the features of a man, at that time, by the light of day—he crossed Peter-street, and entered the door of No. 7, which is a lodging-house—I waited there till my brother officer came up, and went in, and found the prisoner concealed behind the door of a room—he was standing behind it, pretending to be asleep—my brother officer took the coat up, which was lying down on the floor, and the cash-box was wrapped up in it—we took him to the station-house on suspicion.
Cross-examined. Q. You saw him going across the street? A. Yes; with the coat under his arm—I saw the tail of it hanging behind him—I watched him into the house—I waited outside a minute or two before I went in—I am quite sure he is the man I saw with the coat.
WILLIAM DEARMAN (police-constable C 154.) I went into the house, No. 7, Peter-street. The oven-door was fastened—I put my hand through the window, unbolted it, and behind the door the prisoner stood, pretending to be asleep—I asked what he did there—he made no reply—I asked where the coat was which he had under his arm—he said he had no coat—I found it there, and the cash-box in it—I took him to the station-house, and
found 1s. in copper, and three farthings on him—the sergeant on duty was with me—I afterwards returned to No. 7, Peter-street, and examined a stone in the yard, under a step-ladder—I found two centre-bits, one stock, eight skeleton-keys, two latch-keys, and one screw-driver—the yard belongs to No. 7, it is open to the street, as the door stands open all night long—the stone was close to the door—they were under a loose stone.
Cross-examined. Q. They were concealed? A. Yes; the stone laid on the top of the pavement, close by the door by which you go into the house—if I had seen a person go in, I should most likely have seen if he stooped to put any thing under the stone, but it was dark—I put the halfpence which I found into a desk—there was nothing there but papers—I noticed one halfpenny very particularly when I took it from him.
JOSEPH NEGUS re-examined. This is my cash-box—I know this halfpenny was locked up in my desk over night in the shop—there was nothing but papers in the cash-box—I can identity the coat that was in the parlour.
GUILTY of Housebreaking, not of Burglary. Aged 18.
Transported for Fourteen Years.
1203. ROBERT KERCHEVAL was indicted for feloniously assaulting William Cook, on the 17th of March, and putting him in fear, and taking from his person and against his will, 1 watch, value 2l. 3s., and 6 halfpence, his goods and monies.
WILLIAM COOK . I am a shoemaker, and live at New Brentford. On the might of the 17th of March, I went to see a friend go off for Scotland—I went with him as far as the Salutation, Old Brentford, about three o'clock—I parted with him about six o'clock, close to the Salutation door—I went in and stopped there afterwards; and about seven o'clock I was going home—I was in the street of Brentford, near the Chapel of Ease; I had my hand on my watch, and all in a moment I was accosted by three men—I am postive the prisoner was one of them, he tripped me up, and then he pretended to pick me up, and while he was doing that, he took my watch out of my pocket, and gave it to the other two men, who ran off with it—I secured him—I felt my watch gone in a minute—I had had a glass rather too much, but could conduct myself very well—I had seen the prisoner in the public-house, but whether the other two were there I do not know—it was rather dark in the street—I lost my watch exactly by the free-school, at Old Brentford—Chapel-alley is just by there—I was bruised in the scuffle, and could not lift my arm for a fortnight—that injury was done to me while I was holding the prisoner—it was after I lost the property—he tripped me up with his foot—it was a slight touch—he put his foot out, and I was down and he on me in an instant, just at the corner of the alley—the other two men-came and assisted him, and they ran away with my property—I got up, missed my watch, collared the prisoner, and he knocked me down, and broke my nose—I am quite sure I did not fall, but was tripped up before I lost my watch—this must be the man that took my watch, as the other two were not close enough to me—I heard the other two say they had "napped," and it was all right, and off they ran—the prisoner got away from me before the police came up—I held him nearly ten minutes, and then he got away, and absconded for a month nearly—I knew him from a child—I have no doubt at all of him.
Cross-examined by MR. DOANE. Q. You and your friend had been regaling together that afternoon? A. Yes; he dined with me at one o'clock—we
had nothing to drink with our dinner of any account—we might have had a little beer—I do not recollect whether I drank or not at home; we went to a friend of his, two or three doors from the Salutation, to a private house, not to the Salutation—we had two or three pots of ale to drink—we sat there two hours, or nearly three hours, waiting for the coach—about half-past five o'clock we went to the Salutation, when the coach went away—we had beer there—I was very little intoxicated—I could conduct myself very well—I did not fall down till after I was tripped up—I did not fall from intoxication—the prisoner picked me up after knocking me down—I did not come back to the place again that evening, I went to the station-house—I was not at the alley more than once—the prisoner offered to be searched, but he had then given my watch to the others—I did not hear him say he was ready to go with me to the station-house—I should have recollected it if he had said so—I do not know what he said—I know he said, "Why don't you search me?"—I held him by the collar till his handkerchief came off in my hand—there were a parcel of women about at the time—a man or two came up afterwards while I held him—I felt him take hold of the ribbon of my watch—he could not get his hand into my pocket—he had got me down—I met them about a few minutes after seven o'clock—the lane is not a quarter of a mile from the Salutation—I went to the Salutation at a quarter before six o'clock—I got there at half-past five o'clock—I do not know exactly at what time my friend left in the coach, but it was between five and six o'clock—I did not remain in the Salutation quite an hour after he left.
Q. Have not you had another person taken up twice on this charge? A. Only once—I did not take him up, it was the policeman—I appeared before the Magistrate—I did not swear against him—I did not know the man.
JOHN HOWELL . I am a bargeman, and live at Brentford. On the evening of the 17th of March I was coming through Old Brentford—I saw the prosecutor against the wall, leaning, and the prisoner had hold of him—I did not see him on the ground when I first came up—I saw him against the wall, half down and half up, down the Chapel-alley—I saw him on the ground afterwards—when I first came up, Cook had hold of the prisoner, and said he had robbed him of his watch and money—in the struggle they had got about two yards up the alley, a little way, and in the straggle they came back again—the prisoner knocked him down—Cook caught hold of him, and collared him for ten minutes—no policeman came up—I went up to the prisoner and told him not to ill-use him any more, for it would be worse for him—the prisoner said he would go to the station-house; ho would not be searched by such a man as that—Cook let go of him; he went up towards New Brentford, and the prisoner went the other way—I had had three or four pints of beer that night, and was a little in liquor—the prisoner said, if an officer had collared him, he would go to the station-house and be searched, but he would not be collared by Cook—there were a good many people round, who kept hallooing to him to mug him.
THOMAS POYNTON . On the 17th of March, in the evening, in consequence of information, I went to the Barge-a-ground public-house—I found Howell there—in consequence of information from him, I went to the Salutation public-house, and apprehended one Mitchell, who was afterwards discharged.
it was for robbing Cook of his watch and money—he said he did not care much about being taken; he might as well be taken first as last—on the way to the station-house, he said he was very sorry that ever he went away, for he knew it would only be worse for him—next morning, he said he felt very much for his mother, for if he was to be sent away, his mother would be left destitute; as she had nobody else to look after her—I used to see him every hour in the night at Brentford before the 17th, but I never saw him after till I took him into custody—when I was taking him to Newgate, he asked if I was going to take up Mitchell, who had been discharged—I said I did not know that—I was given to understand he had absconded—he said, "The d——d rogue got over his part of it well."
JOSEPH BYE . I am a chair-maker, and live at Old Brentford. I saw a disturbance near the chapel, on the night of the 17th of March, at a little after seven o'clock—I went over, and saw the prosecutor laying hold of the prisoner's collar, and stating he had lost his watch—he said the prisoner had taken it—the prisoner said, if he did not let go of him he would knock him down, and in about a moment afterwards he knocked him down—he said he would be taken by the police, but he would not be collared by Cook—he said if he did not let him go he would charge the policeman with him, and in a moment or two he knocked the prosecutor down—the prosecutor had hold of his collar at the time—the prosecutor was intoxicated—they were on their legs when I first saw them—I went away before the scuffle was over—when the policeman came, I walked over to my shop—I have known the prisoner for years.
Cross-examined. Q. You went away before the dispute ended? A. Just before—I stopped till the policeman came—I left the prosecutor and prisoner there, and the policeman came up as I was going away—I saw him arrive—he was about forty yards off when I left—there were upwards of twenty persons present then—the prosecutor had charged him with taking his watch—that was all that I heard.
COURT. Q. Do you think the prosecutor was so intoxicated that he could accurately recollect afterwards what had passed, or might he mistake what happened? A. When the prisoner knocked him down, I went to pick him up, but he got up himself, passed me, and collared the prisoner again.
WILLIAM COOK re-examined. I am not mistaken about being tripped up before I lost my watch—nobody came near me till he tripped me up—I had the watch in my pocket the moment before I fell down—I had my hand on it—as I came by the chapel-gates I had hold of it, but it was not out of my pocket—I had hold of the ribbon—I am certain it was not taken from me before I was thrown down—I could conduct myself nearly as well as at this moment—I had had a few glasses of ale, I cannot say how many; but no spirits—I had been drinking with my friend, and we had a mile to walk—I was not drinking all that time—after he went into the coach, I went to the Salutation and had a pint of beer there.
JOHN PUSCOE (police-sergeant No. 19.) I live at Brentford. On the night of the 17th of March, I was on duty at the station-house, and saw the prosecutor about nine o'clock in the evening—he had been drinking, and seemed rather confused—I saw marks of violence on his face—he had a handkerchief in his hat—I have seen the prisoner several times with an handkerchief on of a similar description to that.
JAMES TAPPING . I was coming by before either of these gentlemen were there. I saw Cook and the prisoner down together nearly—Cook was down, and the prisoner lifted him up—Cook turned round imme-diately,
caught him by the collar, and said, "You have got my watch," and I walked away, for there are often scuffles about—the prisoner had caught Cook round the middle and lifted him up, and Cook charged him directly with taking his watch—there was nobody nearer Cook than three yards—that was two men and two women who were at the corner of the alley—I do not know them—I believe they saw what was going on—I did not we them touch Cook at all—I stopped there till Bye came—I then said, "It is a concern among themselves, and I shall go about my business"—I did not consider the man had been robbed, I thought it was a dispute—it appeared like a piece of work to get a mob together—people were getting together, and I came away—there were not more than ten or twelve people round—when I first came up there was only Cook the prisoner and two at each corner of the alley—they were doing nothing—they moved off.
Cross-examined. Q. Did the prosecutor appear very intoxicated? A. He was drunk, but he could walk—he was not to say beastly drunk, not tumbling and reeling about.
COURT. Q. Did you see any body trip him up? A. No; he was down all in a moment. I did not see the prisoner do any thing to make him fall—it was about seven o'clock—it was light enough to see him—I was looking one way—directly I turned my head he was down, and the prisoner lifting him up—they had not hold of each other before—there was nobody near him besides the prisoner, when he was lifting him up, not nearer than three yards.
WILLIAM COOK re-examined. Q. Look at your name to this deposisition, is that your name and hand writing? A. It is; it was read over to me before I signed it—I am not mistaken about three men being about me when I lost my watch—there was no woman there at the time I lost my watch, there was a few minutes after—the two men stood at the corner of the alley when the prisoner shoved me down—I might have said, I did not know who took my watch—I believe I was asked who had it, and I said I could not tell—the three men were all near enough to take it—there was no woman there when I lost it that I know of—the other two men were close to the corner of the alley, a yard or two from me—so that he could reach them.
(The prosecutor's deposition before the Magistrate being read, stated that the persons who attacked him, had been drinking with him at the public-house—that he could not say which of them had taken his watch—the prisoner had held him down, and on getting up he missed it.)
NOT GUILTY .
1204. ALEXANDER FOWLER was indicted for that he, on the 17th of April, feloniously did forge a certain order for the payment of 2l. 10s., with intent to defraud Hyman Levy.—2nd COUNT, for uttering, disposing of, and putting off a like forged order, well knowing it to be forged, with a like intent.
ANN LEVY . I am the wife of Hyam Levy, a tailor, in Broad-street, Ratcliff. On the morning of the 17th of April, the prisoner came to the shop with this advance-note, and said, "Will you cash me an advance-note?"—I came into the shop, and looked at it—I took it in my hand and saw the name of "Stebbing" at the back of it—I asked him who Stebbing was, seeing "Palmer" inside—he said, "That is my landlord"—I said, "Did he put his name to the back? what, 'Mr. Stebbing' of Whitehorse-street?"—he said "Yes, I have got a little house of him, and have lived there
eight or nine years"—I said, "Did he put his name to the back?" he said, "Yes;" that he had lived there eight or nine years, and he was very kind to him—I then cashed the note, gave him 30s. in goods, and 15s. in money—5s. was allowed for cashing it—that is quite a regular thing—I went on board the ship, and got information—I went to Mr. Stebbing's, who said, it was not his hand-writing.
Cross-examined by MR. PAYNE. Q. This has the name of "Stebbing, Whitehorse-street," written on the back? A. There was no "Whitehorse-street," on the back of it when he gave it to me—he wrote this at the top when he gave it to me—I have kept it ever since—"Stebbing, Whitehorse-street" was on it when he brought to me—I sent my son home with the goods—the prisoner said he lived in the house of Stebbing, and if I sent my son with him, I should find it was correct, and I found it was so—he lived in the house, but the hand-writing was not correct (note read.) ("On the 15th of April, three days after the ship Benismira sails from Gravesend, pay to Alexander Fowler, or bearer, 2l. 10s., provided the said Alexander Fowler sails in the vessel, of which I will inform you, on his voyage to Quebec, and other parts. W. E. Laylor, commander—To R. S. Laylor")—"Mr. Stebbings, Whitehorse-street," was written on the back of the note, when it came into the shop—it is not my hand-writing—on the 23rd of April I inquired for the prisoner, and heard he was gone in a collier—there it such a ship as Benismira; it had sailed two days before—I never saw Laylor, the captain—I do not know him—I knew the prisoner was not in the ship, and therefore never applied to the parties to whom the note was addressed, for payment—I do not say the order is a forgery.
COURT. Q. You take the note of the man before he sails? A. Yes; but we look for security for it to the person whom they lodge with—I should look to Stebbing if it was his hand-writing.
MR. PAYNE. Q. Did you not go to the prisoner's house after this, and see him? A. No, only on the night the officer took him—he did not tell me the reason why he did not go by the ship—his wife said he had another ship—that was not in his presence—I had no conversation with him about his going out in a collier.
NOT GUILTY .
NEW COURT.—Thursday, May 14th.
Fifth Jury, before Mr. Common Sergeant.
(The witness Saunders was examined, as on the former trial, page 22, and stated that the prisoner could not see Wild come out of the ware-house-door.)
NOT GUILTY .
GUILTY .— Confined Seven Days.
(The prisoner received a good character, and Mr. Kimber, a butcher, engaged to employ him.)
JOHN MUSTON HODGES . I am in the employ of Mr. William Charles Thompson. On the 30th of April, I saw the prisoner and another person at his window—I turned my back, a gentleman came in and said, "You are robbed"—I went out, and saw the prisoner and another man running away—the prisoner gave these trowsers to the other man—they had hung inside our shop—I swear the prisoner is one of the men that was standing near the shop—the other man, who had a white jacket on, dropped the trowsers again.
Prisoner. He ran past me. Witness. Yes, I did, but I knew he was the man—I turned back, and said to him, "You are the man I want"—I am sure he gave the trowsers to the other man.
Prisoner. He said I cut them down, but I never had a knife about me—I saw them picked up, but I was a great way off—there was no man with me. Witness. Yes, there was; when they got to the top of the lane, they parted, the prisoner went up a court, but there was no thoroughfare—he was out of breath when I came up to him.
GUILTY . Aged 22.— Confined Three Months
HANNAH ROGERS . I am the wife of John Rogers. On Easter Sunday last, I hung my shawl and bonnet on a nail in the bed-room of my brother's house, in Pearl-street—I did not miss it till the 15th—I did not know the prisoner was there—she said she had sold it in Petticoat-lane.
Prisoner's Defence. My father was out of work, and I wag distressed.
GUILTY . Aged 13.— Confined Fourteen Days.
JOHN OFFER . I was in the neighbourhood, and met the prisoner with this desk, attempting to conceal it—I called to him after he had passed me—he ran off, and dropped it in the road—I pursued, and brought him back to the shop—the desk was brought back, I cannot tell by whom.
Prisoner's Defence. A young man asked me to carry it; he said he would give me 3d., and I being out of work, carried it—I heard the alarm, and he told me to throw it down, and run away, which I did.
GUILTY . † Aged 18.— Transported for Seven Years.
ANN LEWIS . I am the wife of William Lewis—I live in Margaret-court, St. Marylebone. I put a piece of carpet out of my room on the 23rd of April—I went out at a quarter-past eleven o'clock—when I returned I found the prisoner and the policeman there—the carpet was in the same place where I had left it.
JOHN CLARKE GODDARD . I live in the same court. I saw the prisoner go to their house—she came out with the carpet in her lap—I went after her—I said she had something which did not belong to her—she said, "Let me put it back again"—I said she might go back, which she did.
(The prisoner pleaded poverty.)
GUILTY —Aged 42. Confined Three Months.
HENRY EARITH . I am a dyer, and live in Goswell-street—I am in partnership with my father. The prisoner was in our employ—there were three shawls similar to this—two of them were given to be fringed, and this one was left on the table—it was then missed by our forewoman, who asked if I had removed it—I said, "No; it must be in the room, and must be found"—I desired the prisoner to look among the girls' work, but it could not be found—in about an hour one of the girls exclaimed, "The shawl is found"—the forewoman ran to the place, and the girl said she saw the prisoner drop it.
ELIZA GOULD . I work at the prosecutor's—I saw the prisoner put the shawl under her stays, through her pocket-hole—I heard it inquired for, but I was afraid to say any thing, as I knew she had a bad set belonging to her—I knew she could not get out, because the door was locked—there were sixty or seventy persons there—I saw her drop the shawl from under her stays—I called out that it was found—the forewoman ran to the place and took it up.
Prisoner. I took it to fringe it, as I had done the others before. Does she say that I put it under my stays in the presence of sixty people? Witness. I saw her stoop down and put it under her stays.
JURY. Q. Had you had any quarrel with her? A. No; she had only come to work the day before, but I had seen her with girls of bad character—she was working at the next frame to me.
GUILTY . Aged 18.— Confined Three Months.
FERDINAND ARUNDEL . I live in Westmorland-place, King's-cross. On the the 29th of April, about seven o'clock in the evening, I left this coat on my chaise, while I went into a warehouse, in Old Change—my boy was with the chaise.
JOHN TANNER . I am a patrol, of Farringdon-street. Between seven and eight o'clock, on the 29th of April, I saw the prisoner and two others lurking about Old Change—I watched them about a quarter of an hour—I saw one of them take this coat off the front of the chaise—he and the prisoner then ran into Cheapside—the prisoner then took the coat—I pursued him into Gutter-lane, his hat fell off, and I took him, with the coat
—I went back to the chaise, and saw the boy, but he knew nothing about it.
Prisoner. It was a dark street; he could not see who took it. Witness. Yes; the other took it, and gave it to the prisoner.
Prisoner's Defence. I know no more about it than a child unborn.
GUILTY . Aged 23.— Confined Three Months.
1213. THOMAS SCARSBROOK and THOMAS TOOMEY were indicted for stealing, on the 5th of May, 1 handkerchief, value 3s., the goods of Samuel Garrett, from his person; and that Thomas Scarsbrook had been before convicted of felony.
SAMUEL GARRETT . I live in High-street, Shadwell, and am a licensed victualler. On the evening of the 5th of May, I was in Sutton-street, and, in consequence of something which was told me, I missed my handkerchief from my pocket—I went with an officer, and found it—I can swear I had it in my pocket a quarter of an hour before.
GEORGE ELLIS . I am a police-constable. I saw the two prisoners together on the 5th of May, and followed them—I saw them follow the prosecutor from his own house, till they came to Sutton-street—Scarsbrook then took the handkerchief, they turned down a street, and I ran round and met them in a passage, where I saw Scarsbrook give the handkerchief to Toomey—I waited till they came to me, and seized them both—I put them into a house, and was about to search Toomey, when the woman of the house found the handkerchief behind the door—when I took them, they asked what I wanted them for—I said, "For picking a gentleman's pocket"—they said they knew nothing about it.
Scarsbrook's Defence. I know nothing of this lad; I was walking along, and he was behind me.
Toomey's Defence. I was coming down the passage—the officer ran into the shop, and a gentleman picked up the handkerchief.
SCARSBROOK— GUILTY . Aged 20.— Transported for Fourteen Years.
TOOMEY— GUILTY . Aged 18.— Confined Three Months.
WILLIAM WEST . I am shopman to William Smith, a pawnbroker, in Lower-road, Islington. I saw this shirt safe a few days previous to the 13th of April, when the policeman came, and asked if we had lost one—I then looked, and missed it—this is it.
Cross-examined by MR. PHILLIPS. Q. How many days before the 13th of April did you take it in? A. It was purchased in October—I had seen it hanging on a horse in the back of the shop, four days before it was stolen—we have four shopmen, who are not here—I cannot say what had become of the shirt during those four days.
THOMAS MORRIS HARVEY . I am shopman to Mr. Goodburn, a pawnbroker, at Islington. This shirt was offered to me in pawn by the prisoner, on the 13th of April—he stated that it was made for him, by his mother, but, in
folding it up, I saw the pawnbroker's mark upon it, and gave him into custody.
Prisoner's Defence. I was going out on Palm Sunday—I found a bundle in the Liverpool-road, containing this shirt, shawl, and a towel.
NOT GUILTY .
ELIZABETH PLUMLEY . I am the wife of Robert Plumley—we keep a broker's shop, in Old-street. I received information, and missed my bellows on the 29th of April—the prisoner was brought back with them—these are them—they had been on a chair, on the top of a table, in the shop.
JOHN BRANSCOMBE . I am apprentice to Mr. Thomas Clark, a turner, in Old-street. I was opposite the prosecutor's—I saw the prisoner and two others, older than him—the prisoner took the bellows—he put them under his jacket, and walked to the next street—he then ran—I brought him back, and the officer took him—I did not see him come out of the shop—they were as near the front of the shop as they could be—I cannot say whether they were on the table or under it.
Q. Did the boys appear to be connected? A. Yes; they were sitting at the private door, when I passed by half an hour before, and were eating bread and butter—they all ran off when the prisoner took the bellows.
GUILTY . Aged 11.— Transported for Seven Years.
WILLIAM SMITH . I am a hosier, and lire in High Holborn. The prisoner had been in my service about a month—I missed these articles on the 15th of April—I took the prisoner on the following morning—I sent her to inquire about a butcher's bill; I followed her, and she went into a pawnbroker's—I went in, and inquired what she had pawned—the prisoner had the custody of all my things.
JOSEPH EDWARD CRESSWELL . I am in the employ of Mr. Barker, a pawnbroker, in Holborn. I produce a table-cloth, pawned on the 7th of April, in the name Ann Wihon—I do not know whether it was by the prisoner.
ARCHIBALD CAMPBELL RUSSELL . I am a pawnbroker. I have some napkins, and a tea-spoon, which I took in, but I cannot swear to the prisoner—the prosecutor came in, in about two minutes after—I told him it was a
person in a blue bonnet; that was all the notice I took of her—I did not notice her shawl—I cannot say whether there had been any other person in the shop after she left.
(The prisoner put in a written defence, stating that being in embarrassed circumstances she had pledged the articles, intending to redeem them.)
GUILTY . Aged 28.— Transported for Seven Years.
1217. JAMES WHITELOCK and THOMAS JOHNSON were indicted for stealing, on the 9th of April, 142lbs. weight of flour, value 1l. 4s.; and 1 sack, value 3s. 6d.; the goods of James Edmonds, the master of the said James Whitelock.
MR. PHILLIPS conducted the Prosecution.
JAMES EDMONDS . I live in Brick-lane. Bethnal-green, and am a baker. The prisoner Whitelock was in my employ, and I have occasion ally seen Johnsons—Mr. George gave me information—I went into Whitelock's room with Mr. George—he was in bed—I said to Mr. George, "I charge him with robbing me"—Mr. George said, "I will swear to him at the man I saw in the passage, who wanted to take some flour out"—I made Whitelock get up, and went with him to No. 4, Virginia-row—I found a sack with some flour in it there—Mrs. Couch said the prisoner had brought tome flour there—he said, "I know there has been some flour brought here; I came with it"—I know this sack by the mark—it is mine, and is worth 3s. 6d.—here are 1421bs. of flour in it, which is worth 1l. 4s. to me—I had flour of the same sort.
JOHN GEORGE . I keep a cook-shop in St. John-street; Brick-lane. Last Thursday night, between eight and nine o'clock, I saw Johnson, the prisoner, close against my truck, in a passage about thirty yards from the prosecutor's; I went to him—he told me not to crack a weed—he said, "We want to get a bit of flour out"—I told him I would not allow him—I went in and bolted the door—soon afterwards I saw a man go out of the alleygate, with a sack half full—Whitelock then came to me, and told me not to say any thing; I said I would not see it done—I said, "You have broken my lock off"—he said, "I will make that good"—they were obliged to break that to get out—I went afterwards to Mr. Edmonds, and what he has stated is correct.
Johnson. Q. Did you see me take any flour? A. I could not swear to the man that took it, but you two were iu the alley, and when the sack was gone, there was nobody but Whitelock there.
HARRIET COUCH . I am the wife of Robert Couch: we keep a beer-shop in Virginia-row. About nine o'clock that night three young men came in together, and one of there brought this sack of flour on his back—the prisoners are two of the men—they staid drinking about an hour—I saw the sack in the room after they were gone—Mr. Edmonds and Whitelock, and the officer came afterwards and took away the sack—it was the same that the prisoners and the other person had left, they had had some ale, which they did not pay for—they went to the door, and I thought they were coming back—Johnson remained longer than the others.
Johnson. She swore at the office that I did not go Into the house with the others, but I came in afterwards. Witness. No; I said you staid afterwards.
have seen Johnson about the lane—I remember the day this flour was taken—Whitelock asked me to give it him over the wall, and I did—I have been allowed to turn King's evidence—Whitelock said a person named Tom was waiting over the wall—we took it out of the yard.
Whitelock. He asked me to get the flour, if I had not been tipsy I should not have done it. Witness. He was not tipsy.
ROBERT BACKHOUSE (police-constable H 92.) On this Thursday night I went to the prosecutor's, and he gave Whitelock into custody; he said if his master would forgive him he would tell all about it; but he said he would give him in charge—Whitelock said he would take me to the place where it was—in going along he said, he had long wished to go to sea, and now he should go at His Majesty's expense—I went to Mrs. Couch, and asked her if any flour had been brought there; she said, "No"—I said, "Are you sure of that?"—she said, "Yes"—Whitelock then said, "Yes, Mrs. Couch, there is"—she then said, "It is in the back room"—I got another officer and took Whitelock—I then found Johnson.
Whitelock. I did not mention her name; I said, "Yes, there is".
WILLIAM HERITAGE . I am clerk to the Magistrates at Worship-street. This is Mr. Broughton's signature to this deposition (read)—the prisoner Johnson says, "I was drinking in the Hare public-house—I went into the yard, and saw two men standing, one of them said, 'I have got a bit of flour that I want to get out'—I said, 'I know nothing about it'—while I was talking, Mr. George came to ask what we were doing there, and I said, 'This man wants to put some flour out.'"
Johnson's Defence. I was in the Hare public-house, and went into the yard. I saw two men there; one of them they brought to the station-house, but let him go again—he carried the flour out—I asked him what they were going to do—he said, "To get some flour out"—I said, I had nothing to do with it"—I went into the house and sat there half an hour—I then went out and saw the same men; they asked me to have something to drink—they took me to the Loggerheads—they then took me into the beer-shop, but they said nothing about the robbery—they then went away—I sat there a bit, and was coming home, when Mr. George and some other people stopped me.
WHITELOCK— GUILTY . Aged 19.— Transported for Seven Years.
JOHNSON— GUILTY . Aged 24.— Confined Six Months.
1218. THOMAS HUDSON was indicted for breaking and entering the dwelling-house of James Thomas Horne, on the 7th of May, at St. George, Hanover-square, and stealing therein six spoons, value 50s., his goods.
DANIEL OLIVER . I am footman to Mr. James Thomas Horne, of Wilton-crescent—he is a solicitor, and one of the Six Clerks. On the 7th of May, I left the area door open—I went to fasten it, and heard somebody in the pantry—I went in, and saw the prisoner—I asked what he wanted—he asked if Mr. Johnson lived there—I saw he had a handkerchief, and asked what was in it—he made no reply—I took it,. and found in it five tea and one dessert spoon—he begged my pardon, and hoped I would forgive him—these are the spoons—they are my master's.
Prisoner's Defence. I was directed by a person to go to the house.
GUILTY . Aged 19.— Transported for Seven Years.
1219. MARY ANN HILLIER was indicted for stealing, on the 1st of November, 3 gowns, value 2l.; 2 shawls, value 6s.; 2 night-gowns, value 3s.; 2 petticoats, value 3s.; 4 caps, value 6s.; 2 pelerines, value 3s.; 4 handkerchiefs, value 6d.; 6 towels, value 1s.; 2 pair of stockings, value 1s. 6d.; 5 aprons, value 1s.; and 2 combs, value 1s.; the goods of George James.
ANN JAMES . I am the wife of George James, tailor, in Little Chapel-street, Chelse? A. In October last, I was a prisoner in the House of Correction—the prisoner was there also—I desired her to call on my mother, and tell her to write to me, but I did not desire her to get any things from my mother, and she never brought any thing to me.
Prisoner's Defence. I said, if she had any thing to send, I would take it to her daughter—the girl who was with me made her escape with the things.
NOT GUILTY .
Sixth Jury, before Mr. Sergeant Arabin.
HENRY CORPE . I live in George-street, London-fields. I did lodge at the prisoner's house in Great Cam bridge-street—I am married, and sell coals on commission—I occupied her two parlours on the ground-floor, and the top room—the prisoner appeared to be the landlady—I missed a flute.
Cross-examined by MR. PHILLIPS. Q. Did not this poor woman say that your wife had occasionally given her things to pawn? A. No, never to me—she said so when the depositions were taken—I should have been very angry with my wife if she had done so—we had lived together before we went to the prisoner's—we had been separated about three times before we went there—we had frequent quarrels while we were in the prisoner's house, and had received frequent notices to quit.
Cross-examined. Q. Did you pay your rent before you left? A. I do not know whether my husband paid it, I believe not—we lived about eight months there—if I had pawned any thing, I should have told my husband—I would not pawn any thing unknown to him—I would not wish to conceal any thing from him—I was on good terms with the prisoner, and with my husband—I had some slight differences now and then with my husband, while we were in the prisoner's house—it never went further than a little misunderstanding or argument—some little differences of opinion—we have not always lived together—we have separated twice, but not more.
Q. Of course you will be surprised to hear that your husband has just stated that you separated three times? A. Oh, I do not call the last a separation.
COURT. Q. Did you ever permit the prisoner to pawn any of your property? A. No; I never allowed her to pawn the flute.
GABRIEL BURROWS . I am a pawnbroker, and live in Shoreditch. I have the flute—it was pawned originally on the 20th of February—it was taken out on the 24th, and pawned again on the 25th, by the prisoner—I lent 16s. on it the second time, and 12s. on it the first time.
Prisoner's Defence. I took the flute, and pawned it by the wish of his wife.
NOT GUILTY .
1221. MARY WATTS was again indicted for stealing, on the 6th of April, 2 music-books, value 10s.; 1 coat, value 5s.; 3 pair of trowsers, value 7s. 6d.; 4 frocks, value 5s.; 1 sheet, value 1s.; 1 bed-gown, value 6d.; 1 pair of stockings, value 6d.; 3 pairs of drawers, value 1s. 6d.; and 1 shirt, value 2s.; the goods of Henry Corpe.
HENRY CORPE . I lodged at the prisoner's house. In consequence of something my wife said to me I told the prisoner that various articles were missing, and it was very mysterious—I mentioned a child's frock and a sheet—she said it was very alarming—the man, called her husband, came down and said it was a false charge; and he did not think we had lost them at all—I got an officer—the prisoner denied all knowledge of these things—the officer searched her, and found a number of duplicates—this was on Monday, the 20th of April—the next day we went to the pawnbroker's, and found the articles.
Cross-examined by MR. PHILLIPS. Q. Are you now of opinion that Mrs. Corpe would not pawn or authorize any thing to be pawned without your knowing it? A. I am persuaded she would have acquainted me with it, if it had been inquired after—I left the prisoner's house as soon at she had been committed—I removed for fear the goods should be seized—I did not remove when I received the first notice, because it was rather inconvenient to remove with five or six children—I never objected.
Q. Why did you not quit at the second warning? A. The woman wished me to stop, but she wanted to get rid of my wife—she said the would have no objection to my stopping with three children, if Mrs. Corpe would take the other two.
NOT GUILTY .
1222. GEORGE THOMPSON was indicted for stealing, on the 9th of May, 2 coats, value 3l. 10s.; 1 waistcoat, value 4s.; 1 pair of trowsers, value 4s.; 1 shirt, value 3s.; 1 flannel shirt, value 4s.; 2 pair of socks, value 1s.; 1 pair of shoes, value 7s.; 2 brushes, value 7s.; 1 knife, value 2s.; and 1 carpet-bug, value 2s.; the goods of Peter Barnett.
JAMES SULLIVAN (police-constable T 136.) On the 9th of May, I was on duty near Hammersmith—about half-past twelve or one o'clock in the day, the prisoner went through the toll-gate—I had information that all was not right, and I stopped him—he was alone, and had nothing with him—the witness told me to detain a truck which was about five yards from the prisoner, and was drawn by two little fellows—I did not see the prisoner do any thing to the truck—it contained the property now produced.
GEORGE SLATER . I live at Hammersmith with my parents. Mr. Freeman lives in Argyle-cottage—I saw the prisoner go up there with a bundle of wood under his arm—he came back again with another bundle—I told the policeman that I suspected he had been stealing them—I saw two other boys
—I saw the prisoner go near to Mr. Freeman's, and he then went into the house—he stayed there about five minutes, and then came out, and he went away with the truck—the other two boys drew the truck—the prisoner was on the pavement.
PETER BARNETT . I live in the Isle of Wight. I came to Hammersmith, and left my bag, containing my suit of clothes, my great-coat, and other things mentioned, at Mr. Thompson's, at Chiswick—on Saturday morning I went out and returned about six o'clock, and my carpet-bag and-great coat had been stolen—I gave information, and they were afterwards found—these are my property—they were all in this carpet-bag, except the coat.
JURY to G. SLATER. Q. Had you seen the prisoner with one bundle? A. Yes; and then he came down again with two bundles, and put them into the truck—I am positive of that.
GUILTY . Aged 17.— Transported for Seven Years.
(There was another indictment against the prisoner.)
JAMES COLLINS (police-constable E 79.) I was on duty on the 15th of April, about aquarter-past ten o'clock, in George-street, St. Giles's. I saw the prisoner carrying something in hia apron—I asked what he had got—he said a bit of meat—he had another lad with him, who went off—I took the prisoner, and found this clock, and a bit of meat on him—I asked him where he got the clock—he said what was that to me—the prosecutor lives about two hundred yards from where I took the prisoner.
JOHN TRESTCHLAR . I am a dock-maker, and live in Broad-street, St. Giles's. This clock belongsto Michael Camerer and Michael Taller, to whom I am shopman—on that evening I saw the clock safe—I afterwards heard some footsteps in the shop—I went out but could not see any person—I then missed this clock, which the officer afterwards brought.
GUILTY . † Aged 16— Confined Six Months.
SAMUEL PERKINS (police-constable K 117.) I know the house of Mr. James Parker—it is at the bottom of New Gravel-lane—there it a passage which leads up to it out of Wapping-wall—I was on duty there on the 1st of May—a little before three o'clock in the morning I heard a noise like the breaking of a door—I listened, and heard some footsteps in the alley—I pushed the door open, and found Sowter there with his shoes off—I asked him what he did there—he said he had occasion to go there—I asked him what he pulled his shoes off for—he said it was a way he had—I then heard some one coming, and saw Andrews come from a door that leads to Mr. Parker's, with his shoes in his hand—I seized them both, brought them into Wapping-wall, and took them towards the watch-house—when we had walked ten or twelve yards, a large chisel dropped down—I proceeded a little further, and they said, "Let us put on our show, and we will go quietly with you;" and in stooping down, Andrews put another chisel under a window-shutter—we went on a little further, and Andrews struggled to get away—I saw a sailor come by, I called him to assist me, and he took hold of Andrews—I went back with Sowter and took the chisel—I took them to the watch-house, and went to the premises—I got over the door
the same way as they did—I heard some one about—I then went up, and found Mr. Parker—I tried this chisel to two marks which were in the door-post—they fitted exacty in all respects—the staple was pulled out, and was picked up by Mr. Parker's lad off the floor—I went back to where the chisel had been, and found a bit of candle by it.
JOSEPH PARKER . I am a pawnbroker, and this is my dwelling-house—it is in the parish of St. Paul, Shadwell. I was alarmed by a tea-tray falling down from where I had placed it, against the warehouse-door—at the same time I heard a shuffling—I listened a few minutes, and then rang a bell—I went over the warehouse, and found the property was all safe—I went down into the yard, and found all safe—I saw the chisels fitted to the doors and the posts—they tallied in all respects—the staple was drawn, and was on the floor.
Andrews's Defence. The staple was all rust—the Magistrate said that it did not look as if it had been in any wood for a long time.
ANDREWS— GUILTY . Aged 19.
SOWTER— GUILTY . Aged 20.
Confined Two Years.
OLD COURT.—Friday, May 15th, 1835.
Third Jury, before Mr. Sergeant Arabin.
1225. FREDERICK PALMER HULME was indicted for stealing, on the 17th of April, at St. Clement Danes, 4 sovereigns, 2 half-sovereigns, 6 half-crowns, and 2 shillings; the monies of John Hunter, his master, in his dwelling-house; to which he pleaded
GUILTY . Aged 17.— Transported for Life.
1226. BARTHOLOMEW BRYAN was indicted for stealing, on the 1st of January, at St. Pancras, 13 forks, value 10l.; and 2 spoons, value 15s.; the goods of Jane Gordon, his mistress, in her dwelling-house.
MRS. JANE GORDON . I am a widow, and live in Gower-street, in the parish of St. Pancras. The prisoner was my footman—he came at the end of November—he had the care of my plate, and was a yearly servant—he absconded, without giving me notice, on the 1st of January—I gave information to the police, as I missed the plate, and he was apprehended.
Prisoner. It is my first offence—I was labouring under intoxication when I did it—I have a distressed family, and beg for mercy.
GUILTY . Aged 43.— Transported for Life.
1227. JOSEPH SEAGER, alias , Thomas Smith , was indicted for burglariously breaking and entering the dwelling-house of William Gimber, about the hour of eight o'clock in the night of the 6th of April, at St. George, with intent to steal, and stealing therein, 1 box, value 1s.; 2 hammers, value 6d.; 2 padlocks, value 6d.; 3 tiles, value 3d.; 1 snuff-box, value 6d.; 1 bag of nails, value 3s.; 3 shoes, value 6d.; 1 pair of pincers, value 2d.; 1 last, value 4d.; 2 gimblets, value 2d.; 1 rattle, value 6d.; 2 chisels, value 2d.; 3 awls, value 3d.; 3 shillings, 6 sixpences, 7 pence, 9 half-pence, and 45 farthings, his goods and monies.
JAMES MULLINS . I am a policeman. About nine o'clock, on the night of the 6th of April, I was on duty at Stepney—on crossing a field at the back of Jubilee-place, I found the prisoner on his knees, with a box, taking this property out of it—he said, "I have found a prize here"—I said, "I passed here a few minutes before, and this box was not here then;" (that was the case)—I asked him where he lived; he said, "In Silver-street"—I said, "You don't live there, tell me where you life"—he said, "I am not bound to tell you"—at last, he said he lived at No. 5, Westover-street, Stepney—I said I should take him to the station-house—I sprang my rattle, my comrade came up, I gave the prisoner in charge, tad took the box to the station-house—I went to No. 5, Westover-street, and found he did not live there—I at last found out the prosecutor—I found the prisoner about half a mile from the prosecutor's house—this is the box which I found in his custody—it contains the articles stated in the indictment.
WILLIAM GIMBER . I am a watchman at the London Docks. My dwelling-house is at No. 1, St. George's-court, in the parish of St. George, Middlesex—I never saw the prisoner but once—he married my wife's sister's daughter, but was never at my house till the Sunday fortnight before this—I had seen the box secure at half-past five o'clock on Monday-night, the 6th of April—I put tome money into it, and went on my watch—it was under my bed—it contained the articles stated, and three shillings and five sixpences—I bolted the back-door, and locked the front-door or the spring-lock at half-past five o'clock, when I went out—it was all secure then—I returned at half-past six o'clock in the morning—my wife had been out all day—she had come home at half-past nine o'clock in the evening—the staple of the front-door lock was forced off—the bed-room door was bolted at the top and bottom when I went out.
AMELIA GIMBER . I am the prosecutor's wife. I went out before him, and returned at a quarter after nine o'clock—I found the box of the lock wrenched off the street-door—I went into the back-room, where we sleep, and found that door open, and the box gone from under the bed—the bed-room door was unbolted—the prisoner is my nephew—I had seen him on the Tuesday evening previous—this is the box; I know the contents.
Prisoner's Defence. I was coming across the fields—I saw the box lie there, broken open, and the things lying about—the policeman came np and saw me there—I did not like to tell my right direction, because if my master heard it, I should not get employ again.
GUILTY of breaking and entering, but not burglariously. Aged 22.
Transported for Seven Years.
Before Mr. Sergeant Arabin.
1228. THOMAS SKUCE was indicted for stealing, on the 15th of April, at St. Matthew, Bethnal-green, 83 yards of silk, value 12l.; and 1 roller, value 2s. 6d.; the goods of Robert Plummer, in his dwelling-house, to which he pleaded
GUILTY . Aged 18.— Transported for Life.
Before Mr. Justice Littledale.
1229. THOMAS SKUCE was again indicted for stealing, on the 3rd of December, at St. Matthew, Bethnal-green, 150 yards of silk, value 21l.; and 3 rollers, value 7s.; the goods of Thomas Field Gibson and another, in the dwelling-house of William Goode, since deceased; and GEORGE TAYLOR and FREDERICK STARBROOK , for feloniously receiving the said goods, well knowing them to have been stolen.
MR. PHILLIPS conducted the Prosecution.
ELIZABETH SKUCE . The prisoner Skuce is my brother. In December last, I lived at No. 8, Half Nicholl-street, Bethnal-green—William Goode is the landlord of the house, and lived in it—I had some silk to weave for Mr. Gibson—I was to return it to him, and to receive wages for weaving it—I was accountable to him for it—the prisoner lodged in the same room with me, and two other of my brothers, and a niece—on the 2nd of December I went to bed about eleven o'clock at night—my silk was perfectly safe in the loom—I bolted the street-door myself, and tied my bed-room door with a string—when I got up at seven o'clock next morning, the silk was gone—there were three rollers missing—the silk was rolled on them—I saw the rollers again on the 16th of April—the prisoner Taylor was an acquaintance of my brother's.
WILLIAM MILLWOOD . I live in Rose-lane. The prisoner Skuce came to me five or six months ago, and asked me if I would let his sister put a few things into my place, as she was going to be seized upon—I consented, and between eleven and twelve o'clock that night, he brought two canes of work to me; it was silk, on three rollers—I said, "Thomas, I think you have stolen this"—he said, "No, I have not; I am going to take them to the warehouse in the morning"—Starbrook and I lodged together in the same room at that time; Taylor did not lodge in the house—Starbrook was present when Skuce brought the silk, but whether Taylor was I cannot recollect.
Q. Was he present while the silk was in the room? A. Yes; Taylor held the roll of silk, while Skuce unrolled the silk; and Starbrook held the hook-yard, and Taylor the roller, while Skuce measured the silk off—Taylor left the house between six and seven o'clock in the morning—he was there all night—Skuce left between six and seven o'clock, before Taylor, and took the silk away with him—Starbrook remained there—I believe Taylor lodged with his mother—I and Starbrook threw the rollers down the privy.
Q. Why did you help to do that? A. I do not know—I gave them to him out of the window, and he chucked them down, as we heard the policeman was in the street, searching the houses; we did it for our own safety—I have seen the rollers to-day—Skuce had not given any directions about them—I heard of the prosecutor being robbed two or three days after the silk was brought—Skuce said nothing at all to me about the silk after he brought it—Starbrook and Taylor were present when he said his sister was going to be seized upon—I suggested that the rollers should be thrown down the privy, as the police were coming.
NATHANIEL SKUCE . I am the prosecutrix's brother, and live in Fashion-street. I heard of her being robbed, and saw Starbrook in Winston-street, the morning after the robbery—I told him of the robbery, and asked him if he knew any thing of my brother—he said he saw him the night before the robbery, that he had told him he was going to make a few pounds that night, and was going into the country, and was to sleep at the Black
Bull, at Highgate—I went to the Black Bull, but could hear nothing of him—that was the morning after the robbery—I went as far as Hadley—Starbrook denied all knowledge of the robbery.
ARTHUR DEAR . I am a silk-weaver, in Mr. Thomas Field Gibson's employ. I saw the silk in question, it is worth about 21l.—I was present when Starbrook said Skuce was gone to sleep at the Black Bull—I had seen the silk in the loom at Skuce's lodging, before it was stolen.
SARAH PLUMMER . I am Skuce's sister. After the robbery, I asked Thomas if he knew any thing about it; if he stole it, and said it would clear my sister's character if he confessed—he said he did steal it—that he cut my sister's work out, and that Taylor cut out my brother's—he did not say where they took it to—I had not said he had better confess, nor, that it would be better or worse for him if he did not.
SAMUEL SKUCE . I am the prisoner's brother. I had some silk in the room, and that was cut away from the loom—it belonged to Mr. Gibson, the same as my sister's—it was in the same room—Starbrook went with me and the policeman, and shewed us where the rollers were.
JOSEPH CRICKS . I am a policeman. On the 16th of April, I apprehended Taylor—I told him I had received information where the rollers were—he said he perceived by that that Tom had "split," and that he would tell all he knew—I said I did not ask him to say any thing, but if he chose to say any thing, he might—I did not tell him it would be better to confess, or worse if he did not—he said nothing further then—I took him over to another house—he afterwards said he would tell me where the rollers were—he said they were in a house—he afterwards shewed them to me in a privy—they are here.
Taylor. Q. Where was I when I said Tom had "split?" A. In your own room—there were other people in the room; I do not know whether they heard it or not.
JAMES HARNDEN . I am a policeman. I went to No. 29, Winston-street, on the 16th of April, with Starbrook—he pointed out the privy where the rollers were concealed—it was in the privy of that house—I know Mr. Goode's house, it is in the parish of St. Matthew, Bethnal-green—I produce the rollers.
Skuce's Defence. At the time of the robbery I had no work, and the witnesses know that I thought I would travel into the country with songs, and get an honest livelihood, which is the reason of my absence from town—when I returned, I found my mother's shop empty, and did not trouble my head about my sister—I know nothing about it.
Prisoner. Q. Had I not nearly a hundred? A. I cannot remember; I did not take notice.
MR. PHILLIPS. Q. How long after the robbery was this? A. In the middle of December—he was discharged after that—I took him at the Fryingpan public-house, in Brick-lane, about the middle of December.
Taylor's Defence. On the day after the robbery, I met Skuce, and went with him to sell songs.
SAMUEL SKUCE re-examined. The prisoner Skuce and I lived in the same room—he slept in the room the night the silk was stolen, and my brothers, Thomas and Richard also—he was in bed at eleven o'clock, when I went to bed—I got up at seven o'clock, and he was gone then.
Skuce. Q. When I was apprehended, what was taken from me? A. Some songs—there was a small parcel of them—I cannot exactly say how many.
SKUCE— GUILTY . Aged 18.
STARBROOK and TAYLOR— NOT GUILTY .
GUILTY .* Aged 40.— Confined One Year.
GUILTY .*— Confined One Year.
Before Mr. Justice Park.
JAMES VICARY . I am a policeman. I was on duty in the Strand, on the 9th of May, about a quarter to one o'clock, I saw the prisoner and two others walking on the opposite side to me—I saw three gentlemen before them—I saw the prisoner lift the skirts of a gentleman's coat with his left hand, and draw a handkerchief about three inches out—they afterwards passed the gentleman, and looked into a silversmith's window, till after the gentleman passed them—they overtook him at Temple-bar—one of the three pushed by, and the prisoner lifted the skirt of the coat—drew a handkerchief out, and gave it to his companion, who was behind him—he ran across the road up Shire-lane—I followed him; as soon as I caught him, he asked what I wanted—I said, I did not want the handkerchief he had drawn from the gentleman's pocket, but I wanted to see if he had any more about him—I found he had none—I told him I had seen him give the handkerchief to another—he said he did not know any thing of it—I did not know the gentleman.
Prisoner's Defence. I was crossing the road up Shoe-lane—the policeman came and pulled off my hat, and said, he thought I had the property there.
GUILTY . Aged 20.— Confined One Year.
GEORGE KEMP . I am a policeman. On the 3rd of May, I was on duty, about ten minutes before nine o'clock at night, near Shoreditch church—I saw the prisoner with another named Marshall—I saw Marshall put his hand into the gentleman's coat-pocket, take something out, and give it to the prisoner, who was close to him—I could not see what it was he took—the prisoner put it into his breeches pocket—Marshall ran away—a young man in my company secured the prisoner—I came up immediately
and laid hold of him—I saw him put his hand to his breeches pocket, draw this handkerchief out, and chuck it down at his feet; the young man took it up, and gave it to me—I told the young man to go after the gentleman, who came back and claimed the handkerchief—I took the prisoner to the station-house, and have kept the handkerchief ever since.
JOHN WARD . On the night of the 3rd of May, I was near Shoreditch Church. A person gave me information—I went to the station-house—I saw a silk handkerchief which is mine—I had seen it in the officer's hand before that—this is it, and is the one I lost that night—I was not aware of it till I received information—I know it by a hole in the middle of it.
GUILTY .* Aged 18.— Transported for Seven Years.
1234. AGNES SYKES was indicted , for that she on the 7th of April, feloniously and maliciously by fraud, did decoy and entice away a female child, under ten years of age, (to wit, five years,) named Jane Charlotte, the daughter of William Charles Evans and Jane his wife, with intent to deprive them of the possession of the said child.—2nd COUNT, stating the intent to be to steal certain articles of wearing apparel, the goods of the said William Charles Evans, being upon and about the person of the said child; to which she pleaded
GUILTY . Aged 28.— Transported for Seven Years.
Fourth Jury, before Mr. Recorder.
NOT GUILTY .
EDWARD STONE . I am pot-boy to the Bank of England public-house, in North-wharf-yard, Paddington. On Sunday night, the 26th of April, I went to the Hope, in Berkley-street, and saw the prisoner—I was rather the worse for liquor, but not drunk—I went into the yard and was sick there—I remember a hand being introduced into my pocket in the yard—Moore, my brother-in-law came out into the yard—he said, "If you touch him, I will split your head"—he said so to the prisoner—I at that moment was so sick, I could do nothing—there was nobody in the yard but me and the prisoner at the time—I missed from my pocket two half-crowns, 1s. and a button—I charged Moore with taking it at first, and searched him, and found he had but 5d.; he was in the privy—I then went into the tap-room and charged the prisoner with taking two half-crowns and 1s.—he said he had done no such thing, and that he had 12s. about him—we had a scuffle—I struck him, and he struck me—I had two half crowns and 1s., and a button in my pocket before I went into the yard—I had the button in my pocket for a fortnight—it had not come off my dress.
Prisoner. He said it had come off his trowsers; and he showed an iron shank, and said it had come off there the same day. Witness. I said I had it to put on where that was off—there was a button off my dress—the button I lost was not part of my dress—I had picked it up in the street, and was going to put it on my trowsers—it did not correspond with the prisoner's dress.
Edgware road. I was at the public-house with the prosecutor—I saw the prisoner and prosecutor in the yard when I went out there—I went into the water-closet, and left the door open; and presently I saw the prisoner touch the prosecutor, and say, "Well, comrade, how are you?"—I saw him put his hand into his left-hand pocket—I said, "If you don't let him alone I will split your head off"—the prisoner then caught hold of the door, and went into the tap room—my brother-in-law said, "Joe, have you taken my money?"—I said, "No; feel;" and he searched me—I had only 5d.—he went into the tap-room, and accused the prisoner of taking two half-crowns, 1s., and a button—the prisoner said, "I have got 12s. in my pocket now?"—the prisoner was intoxicated—Williams came in, and asked him to let him see what money he had; and all he could produce was two half-crowns, two sixpences, and a button—he had paid for a pot of half-and-half with a shilling, about three minutes after I came into the tap-room—he had the beer before he went out, and the waiter asked him for the money—I did not see what he paid for it myself, but the waiter says he paid a shilling—he is not here—that was about seven minutes after he came out of the yard—I did not charge him—my brother-in-law accused him, and I said, "I saw you put your hand into his pocket"—he said, "I did not"—Walsh fetched a policeman, and he would not give the money up till he got to the station-house—he carried it in his hand all the way to the station-house—I charged him with it seven minutes before the policeman came.
Q. Your brother charged you with it? A. Yes—my brother struck him in the tap-room—they both struck one another—the prisoner sat down in the tap-room, and the policeman was fetched—the prisoner produced his money and the button before the officer came—he gave it to Mr. Williams, who returned it to him.
Prisoner. I went and called for half-and-half—I tossed for a pot of beer, which I lost and paid a shilling for—I went into the yard, and in about ten minutes his brother came in and struck me, and said I had picked his pocket—I denied it; he had charged the witness with it at first—we had two or three blows a-piece—a policeman was sent for—I gave up the money and button—he swore to the button as soon as he saw it put down, and I saw the place where it had broken off my brace-button—he pretended to show where it belonged to his trowsers—there was an iron shank left there, and he said it had been on there.
JOHN MICHAEL WALSH . I am a bookbinder, and live in Maiden-lane, Covent-garden. On the night in question I was at the Hope, and saw the prisoner and prosecutor—the prosecutor left the room, the prisoner went out afterwards—he came back, and in abont five minutes the prosecutor returned—they were both in liquor—the prosecutor charged him with picking his pocket of 6s.—the prisoner denied it—some blows passed—the landlord came in, and requested the prisoner to produce his money—he said that when he came into the house he had 12s.—the landlord searched his pockets—he produced two half-crowns and two sixpences.
WILLIAM DAWS (police-constable T 152.) I was called in, and took the prisoner in charge—I asked him what money he had about him—he opened his right hand, and there were two half-crowns and two sixpences, a button, and piece of chalk—he gave it up at the station-house—he said it was his own money—he was drunk—I examined his trowsers, and found the right hand brace-button off—the button he produced did not exactly correspond with his own buttons—the buttons on his trowsers were new, and
this was an old one—it was a bone one, of the same description, but rather old—I noticed the prosecutor's buttons—they did not correspond with the one produced—I examined all the buttons on the prisoner's trowsers—there was none like this—the others on his trowsers were all alike.
Prisoner's Defence. When I came out I had 2s.—I met my sweetheart, she gave me 10s., that made 12s.—when they asked me what money I had I said 12s. when I came out; but I had been to several other houses—I had 12s. when I came out of the barracks—if we lose a button we have to make it good.
THOMAS FOSTER . I am a sergeant in the Scotch Fusileer Guards—the prisoner has been nine years in the regiment, and bore an excellent character for honesty—I am pay-sergeant, and I know his character well—if a soldier loses a button off his dress he is bound to furnish another—it does not matter, if it is out of sight, if it is not exactly the same pattern—they wear bone buttons without a shank—this is such a button as he would be allowed to have.
JANE HEWITT . I have known the prisoner four years. On Sunday the 26th of April, I met him at six o'clock in the evening, and gave him 10s.—I left him at half-past nine o'clock, and cannot say what he spent—I gave him three half-crowns and 2s. 6d.
NOT GUILTY .
BENJAMIN PHILLIPS (police-constable G 58.) I apprehended the prisoner in a brothel of the lowest description, in Field-lane—she has been on the town for five months—she is between eleven and twelve years old—(I have seen her father and mother)—I believe there are two children younger than her there—I never saw such a scene in my life—she said, she knew nothing of the robbery, but afterwards said, she and a boy had stolen the things and she would show me where they were pawned, and she took me to the pawnbroker's.
JURY. Q. When did you apprehend her? A. On the 18th of April—she was out when I first went to the house—I watched her in—I found 6d. in her mouth—she told me she had no money.
ANN NAUGHTON re-examined. These things are mine—I had no character with the prisoner—I was going out to work and met her—I wanted somebody to take care of my child; she said her parents were hardworking people—I was glad to have her, as she said she should like to earn 6d.—I know nothing of this house.
Prisoner's Defence. A boy gave me the things to pawn, and said, he would give me 1s.—I did not know that they were master's, or I should not have taken them—I saw the boy with them when I went out to get the child an apple—I have not been in the streets at all—the boy is called Don Pedro; I think he lodges in West-street.
GUILTY . Aged 11.— Judgment Respited.
1238. GEORGE MOOR was indicted for embezzling, on the 18th of March, 2lbs. weight of sewing-silk, 7 handkerchiefs, 24lbs. weight of sewing-cotton, 27 pieces of tape, 6 gross of buttons, 3 pieces of wadding, 6 gross of laces, 24 dozen of reel-cotton, 6lbs. weight of thread, 6 pieces of braid, and 1 wrapper, value 12l. 18s., the goods of Thomas Cole and another, his masters.
JAMES COLE . I am in partnership with Mr. Thomas Cole, and live at Watford, in Hertfordshire. The prisoner was our porter—on the 17th of March I sent a man to town, and on the 18th of March he got to town—I gave my man an order—the prisoner was in the habit of acting as a porter—he never accounted to me for the articles in the indictment—they were worth 12l. 18s. 9d.—I never saw him till he was at Queen-square.
Prisoner. He gave me an order the same day to go to Evans, in Queen-square, for coffee, and I took it to him at a public-house in Farringdon-street—he told me to go up the yard, I did so, and afterwards went to Threadneedle-street with a box, but never had these goods.
JOSEPH MEDWIN . I am warehouseman to Mr. Reed, of Aldermanbury. On the 18th of March I delivered these goods to the prisoner—he was to take them to the Angel, Farringdon-street, to take to Mr. Cole—they were packed up in a wrapper, and came to 12l. 18s. 9d.—they were in a truss—I gave it to him for Mr. Cole.
Prisoner. When I went to him to ask if they were ready, he said, not—I said I was going further, and would call again—he said, "You had better sign your name to the book," and I did—I never went back again. Witness. I did ask him to sign the book before he had the goods—that was when he took them—I saw him go away with them—I delivered the goods to him—he brought the note in about eleven o'clock, and gave it to me—I said, the goods were not ready yet—he laid, he was going further, and would call again, which he did, about half past two o'clock, and signed the book; and then I saw him take them away—the goods were sent to Mr. Cole to send to Mr. Young, of Watford—the prisoner was quite sober, and so was I.
MR. COLE. I was answerable for these goods.
GUILTY . Aged 29.— Transported for Seven Years.
NEW COURT.—Friday, May 15th, 1835.
Sixth Jury, before Mr. Common Sergeant.
WILLIAM MAYNARD . I am shop-boy to Mr. Richard Henry Ashford, a pawnbroker, in Bethnal-green-road. I was shutting up his shop on the 9th of April—I received information, and ran about a hundred yards—I there saw the prisoner with this hat under his arm—I asked him to give it to me—he said, "What for?"—I said, "Because you stole it"—he threw it down, said, "Take it," and walked away—I took it up, and got him into the shop with assistance—the hat had been hanging on the side of the door-post, outside.
Prisoner. I was ten or twelve yards past the shop, and saw this hat—I took it up, and was looking at it—this boy came and said I stole it—I said "I did not," and threw it down, and was going on—some man came and said, "Is this him?"—I went back with him without difficulty.
WILLIAM MAYNARD re-examined. It could not have fallen down—there was a string round it, which had been cut or broken; part of it is on it now—the prisoner did not attempt to get away—he could not after the man had got hold of him—it was about ten minutes before nine o'clock.
GUILTY. Aged 25.—Recommended to mercy. — Confined Seven Days.
JAMES BRETT . I am foreman to Mr. Nicholas Shearley, a butcher, in Welbeck-street, Cavendish-square. I purchased two sheep at Mr. Hicks', in Newgate-market, on the morning of the 11th of April—I gave them to Bell, to carry to the cart, in Newgate-street—I saw one of them afterwards at Guildhall—I have no doubt of it—I had bought the two hind and the two fore-quarters without the skin—I took such notice of it, I could swear it was the same—it was a Scotch sheep, brought up by the steam-boats; and the weight was the same as one of those I bought—the prisoner said he was in distress, and I believe he was.
GEORGE BELL . Brett gave me the carcase of the sheep—I took it to the cart—I went back to fetch some more meat, and when I returned it was gone—I had seen the prisoner about twenty yards from the cart, when I put the carcase in, but he was not there when I went back—I made inquiry, and found the prisoner near the church in Newgate-street in about ten minutes, in the hands of Rice, the constable—I saw the carcase, which the officer had detained—I have no doubt it was one I had put into the cart.
DAVID GEORGE MORGAN . I am an apprentice to a gentleman, in Tottenham-court-road. I was in Newgate-street, arid saw the prisoner standing opposite the cart—I watched him, and saw him take the sheep off—he put it on his shoulder, and went down Warwick-lane, and through College-market—I then lost sight of him, but saw him again in Giltspur-street—he was there taken with the same sheep, to the best of my belief.
GUILTY . Aged 23.— Transported for Seven Years.
GEORGE BLAKE . I live with my mother, at West Wick-row, Herts. On the 20th of April, I lost this coat from our waggon, in Bagnigge-wells-road, at a quarter-past six o'clock in the morning—I was away about two minutes, and when I returned the coat was gone; this is it—here is where a calf has gnawed it when it was on the tilt of the waggon—I had seen the prisoner and another man about the waggon—I went in search of it, and saw the prisoner with it, and the officer took him.
Prisoner. The coat was picked up in the road; he said before the Magistrate, that he left it on the copse. Witness. No; I said on the tilt—the prisoner was walking quite fast, when we caught him in about a quarter of an hour—he had followed the waggon for a quarter of a mile that morning, and walked on the near-side and on the off-
side—when I left he was there, and when I came hack he and the coat were gone.
(Property produced and sworn to.)
Prisoner. I picked it up in the road, and went on.
GUILTY . Aged 19.— Transported for Seven Years.
JAMES BAYLEY . I deal in fat, and have a shed in Clerkenwell. The prisoner had formerly been in my employ, and his master had a stable of me in the same yard—on the morning of the 21st of April, the policeman came—I went to my shed, and missed one hundred weight and a-half of fat, and the staple had been drawn—the policeman had before traced the fat, and picked up some pieces—I have looked at the fat, and can swear to it—there was a piece of iron which the staple had been drawn with, which belonged to the prisoner's master.
GEORGE PATMAN (police-constable G 141.) On the 20th of April, at a-quarter past nine o'clock at night, I found the yard gate open—I went up and found the gate of the shed was open, and some fat strewed about—I traced it down the yard, to where the prisoner was in the habit of looking after Mr. Deacon's horse—I went to the prosecutor, and we traced the fat to Mr. Swan's—I went there the next day and saw some fat.
GEORGE SWAN . I live in St. John-street. I bought one hundred and twenty-nine pounds weight of fat of the prisoner on the Monday night—Mr. Bayley came to me the next morning, and said, in the prisoner's presence, that it was his—I had bought fat of the prisoner before.
Prisoner. I never sold you any. Witness. Yes, you did; you brought this in a sack—I said, I was sorry I could not attend to it that night, as I was busy, but he might leave it, and come in the morning—he stood some time, and I at last bought it—he said, he had some more to bring in the morning—I knew him perfectly well—he had 9s. 6d. in money of me that night, and said he had more to bring in the morning.
Prisoner's Defence. The time he states I was up at Islington; but I have no witness to prove it.
GUILTY . Aged 28.— Confined Six Months.
1243. MARY DENNY was indicted for stealing, on the 9th of March, 2 blankets, value 7s.; 1 bed, value 2l.; 1 bolster, value 3s.; 2 pillows, value 2s.; 2 pillow-cases, value 6d.; 3 sheets, value 7s.; 1 sofa-cover, value 2s.; 1 table-cover, value 1s.; 1 candlestick, value 1s.; 1 looking-glass and frame, value 30s.; 1 kettle, value 3s.; 1 tea-pot, value 1s.; 3 cups, value 3d.; 3 saucers, value 4d.; 2 basins, value 6d.; 6 plates, value 1s.; 3 dishes, value 1s. 6d.; 2 flat-irons, value 1s.; 4 saucepans, value 4s.; 3 knives, value 1s.; 3 forks, value 6d.; 1 frying-pan, value, 6d.; 1 tinder-box, value 3d.; and 1 set of fire-irons, value 5s.; the goods of Mary Ann Keyworth.
MARY ANN KEYWORTH . I live in Charles-street, Whitechapel. The prisoner hired a ready-furnished room of me—she brought a man at her husband—she paid the rent—on the 9th of March they left the room locked—I had a broker and opened it, and missed all the articles stated—all the things had been taken out of the room—the prisoner hired the room, and said the man was her husband, but I have since found that he is not—they took the lodgings in the name of Charles and Mary Denny—when both came together she said the man was her husband, but since that she has said he was not her husband—these are some of the things.
GUILTY . Aged 17— Transported for Seven Years.
JAMES WATKINS . I am a cabinet-maker, and live in Lambs' Conduit-street. On the 29th of April I saw the prisoner go down the street, and try the brass-plate of a window, nearly opposite my shop—he went on to Mr. Rope's and tried his—he went down to the corner, then came back, and took it—he ran off—I ran after him, and he dropped the plate—thit is it.
Prisoner's Defence. I was out of work—I was going tip the street, this brass was loose, and I took it off.
GUILTY . Aged 26.— Confined One Month.
MARY STEPHENSON . I am servant to George Richard Taylor, of Exmouth-street, Spa-fields. The prisoner was the shopman—I was in the yard on the 23rd of April, and I saw the prisoner, through a window, put his hand into, a chest, then put it into a paper, and put it into his pocket—I told my mistress—she told me to watch again, and at half-past seven o'clock the next morning, I was looking through the window, I saw him go to the same chest, take some more tea, and put it into his pocket—the officer was then sent for.
(The prisoner put in a written defence, stating that he had weighed the tea and sugar for his own use, and had put the amount it came to, into the till.)
was an increase of money—I had left 6d. in it the night before—if he had bought tea, I should have weighed it for him—I never entrusted him to weigh for himself, when I was not in the shop.
NOT GUILTY .
1246. JOHN SCOLTOCK was indicted for feloniously receiving of an evil-disposed person, on the 20th of January, 22 rings, value 30s.; 1 watch, value 10s.; 12 seals, value 1l. 4s.; 11 watch-keys, value 10s.; 3 watch-guards, value 1l. 14s.; 1 pencil-case, value 1s.; 1 pair of ear-rings, value 5s.; 1 scent-box, value 4s.; 6 thimbles, value 3s.; 2 brooches, value 1s.; 6 snaps, value 16s.; 1 snuffer-tray, value 2s.; 2 spoons, value 1l.; and 1 pair of buttons, value 1s.; the goods of Lewis Benjamin, wellknowing the same to have been feloniously stolen.
LEWIS BENJAMIN . I occupy a shop and parlour in Princes-street, Leicester-square—I did so in May, 1834. On the 12th of May, I left the shop about five o'clock, leaving my brother Simeon to take care of it—I returned between eleven and twelve o'clock—my brother and two other persons were then in the shop, they gave me some information—I left all safe when I went out—when I came back, a great number of articles were gone, to the amount of 200l.—the articles now produced, were amongst them—here is a pencil-case, a watch-guard, scent-box, several seals, keys, and rings, and other things, which are mine—they had been in the window, and in different parts of the shop.
Cross-examined by MR. CLARKSON. Q. How soon did you see this property again? A. On the 25th and 27th of April last—we never found the person who stole them—I know this guard by its being a very peculiar pattern—it is silver gilt—I never saw one of the pattern in my life—I bought it at Machin and Debenham's rooms—I should presume it is town-made—there might be others of the same pattern, or this might be one made to a particular order, I should think it was; these two rings were partly made in my shop; they are gold, and worth 1s. each.
SIMEON BENJAMIN . I am the prosecutor's brother. On the 12th of May he left me in care of his shop—I left it at a quarter-past nine o'clock all secure—I returned at a quarter-past ten o'clock, found the door open, and several persons round—a good deal of property was missing—I can swear to some of these articles being my brother's.
JOHN SMITH . I live at No. 69, Chorlotte-street, Fitzroy-square. Benjamin Jones called on me three or four months ago, or it may be five from this time—he brought me a small lot of jewellery, among which I observed a ring which I had made for Mr. Benjamin—he came on the 25th of April, and brought several other things, among which I observed some of the same description of rings—I did not buy the goods—I took them to Mr. Benjamin myself.
BENJAMIN JONES . I am a porter. I took these articles to Mr. Smith's to be valued—I bought them of the prisoner—he told me he had some cheap lots by him, which he had bought the duplicates of—I cannot tell exactly when it was—it may be four or five months ago—I was going down Pancras-street, there were two young men in his shop, one of them I knew, and he was showing one of them a silver guard—the young man called me, and said, "Jones, here is a cheap lot for you"—the prisoner is a locksmith and bell-hanger by trade—I called there a few days afterwards, and he said a friend of his threw in a raffle, and be put them into pawn, that he got the duplicates, and took them out himself—he called me in again, and said, there was a cheap lot that I might get a shilling or two
by—I said, "If I could sell one or two of them, I might have the lot," and I had them two or three weeks in my possession before I took them to the jeweller's to be valued—I did not buy them out and out—I saw the silver chain the first time, and I bought it a few days afterwards; that might be three or four days afterwards—I cannot tell the day, nor the month; it might be three or four months ago, or more—the young man who was in the shop knew me—the street I live in is just opposite his house—the young man's father shoes for us—I am porter at No. 97, Tottenham-court-road—I do not know what goods I received of the prisoner, but he put a price on them—it was a sovereign—there was a ring or two, a seal, and chain—I took them to Mr. Smith's to be valued—he picked out a ring, and said it was very strange how I got that—I did not go back to the prisoner then, but I paid him a sovereign on the Saturday night afterwards—that was the third lot—the first lot was a chain, I bought that for 9s. or 9s. 6d., and sold it to a shoemaker—I sold two lots to some other young men—the third lot I took to Mr. Smith—it was the middle lot that I gave 1l. for.
Cross-examined. Q. You have heard of raffles before? A. Yes; and I have been in several—I am porter to Murphy and Dry—they do not deal in jewellery—my wages are 20l. a-year—I have been there about two years—I have been in a raffle since I have been in their employ, for a watch, or something—I have not put up things to be raffled for—I was at a raffle in London-street—two, or three and twenty people were present—they were all young men—some of them were Murphy's and Dry's shopmen—I never raffled for any jewellery or plate, or any articles of that kind.
GEORGE STONE (police-constable C 99.) I went with Benjamin to a house in Pancras-street, on the 25th of April last—I saw the prisoner there—the prosecutor and Jones were there—Jones said, "That's the man I had the things of"—I asked the prisoner how he came in possession of these things; he said, "They were left me for rent, by a lodger of mine"—I asked him who the man was—he told me his name, but I do not recollect it—he said, the man was gone to America—he said he was a jeweller, who worked at home in the house, and he saw him make these things; I am sure of that—I had some seals and other things then in my hand, and he said, "I saw him make them" I asked him if he had any more; he said yes, he had a few more; but when he was told he was in custody, and that the things were stolen from Mr. Benjamin, he said he had no more; and he did not know what we meant—we took him to the station-house after searching his room—on the following Monday we went to search his shop, and found some more things—I had the key of his room and his shop; but after we took him to the station-house on the Saturday night, I went back to the shop, and found in a table-drawer a pair of gold ear-rings, and a pair of silver table-spoons, and I found there a great number of skeleton-keys, a crow-bar, dark lantern; and on the Monday we found some guard-chains, seals, snaps, silver thimbles, brooches, and other things in the workshop—the watch was found by Mr. Benjamin in the parapet, over the room—I had seen the seals hanging out of the prisoner's watch-pocket on the Saturday night, I then lost sight of them, and could not find it anywhere—I had opened the window near the parapet to call "Police", because the people on the stairs broke the pannels of the door to come in.
Cross-examined. Q. How many persons were there in the house when you went the first time? A. I do not know; it is a house full of lodgers,
but no one was in the room but us; for I locked the door—the landlord lives in the bottom part of the house—I had had Jones in custody about half an hour before I went to the prisoner—Jones said he could find the man he had them of—I did not search the shop before I took the prisoner away—I searched the room—I did not find any thing there, but after he had been taken away, I went and found the other things in the workshop, which is on the other side of the way—Jones lives in Tottenham-court-road, which is about two hundred yards from the prisoner's, or more—I saw Murphy and Dry on the Saturday night when I took Jones—I went to the prosecutor's premises at the time of the robbery—I believe they had been opened by a skeleton-key—I have no doubt that some of these skeleton-keys would open the prosecutor's door.
THOMAS HOBBS . I went with Stone on the Monday to the prisoners—I found this mug wrapped up in a bit of paper in the attic—I found four buttons, and some skeleton-keys in a drawer under a work-bench in the shop.
LEWIS BENJAMIN . Here are two rings among this property which Smith made for me, in this lot, which Jones took to his house—the rest of these articles are made at Birmingham—this watch I cannot swear to.
Cross-examined. Q. Did it appear as if only one person had been employed in taking your property? A. I should think more than one.
GUILTY . Aged 64.— Transported for Fourteen Years.
MARIA HOLDERNESS . I am the wife of Richard Holderness, a pork-butcher, in Bunhill-row. On the 27th of April, at half-past seven o'clock, I was in my room, the door was half open—I heard a noise—I looked into the shop; and saw the prisoner, Sarah Stephens, was putting some pork in her apron—I went to the door, Matilda saw me, and threw a shilling on the counter and asked for a saveloy; but as Sarah was making off with the pork, I went after her, and stopped her, just as she got outside the door—I said, "You have got some pork of mine"—she said, "I have not"—I said, "Yes, you have, I saw you take it, and will see what you have got"—Mr. Hampton, who was over the way, came and saw me take the pork from her—she said it was not mine; she had bought it in Chiswell-street—this is the pork—I swear I saw her take it.
Cross-examined by MR. PHILLIPS. Q. Why do you say this is the piece of pork you lost? A. I know it by a piece of the skirt being to it, and it is my husband's cutting—Matilda said, "Let my sister alone, it is not your's; we bought it in Chiswell-street"—she came outside to her sister, and was given in charge to the policeman—she did not do any thing to it—there was 7s. 6d. found on them.
ZACCHEUS HAMPTON . I am a shoemaker, and live opposite the prosecutor. I saw the witness in the act of taking the pork from Sarah Stephens—she was calling out for assistance, and Matilda was trying to assist her sister—she was pulling the prosecutor's hands away—Sarah got away, and I took her.
Cross-examined. Q. I believe she said it was her own? A. She ac-
knowledged, in going to the station-house, that she took it, but she intended to pay for it; they both said so repeatedly.
Sarah Stephen's Defence. I had 3s. in my hand, intending to pay for it—I waited ten minutes—I then saw a young man go by, whom I knew, and was going to him, but I never went over the threshold of the door.
MRS. HOLDERNESS. She had got about half-a-yard out.
SARAH STEPHENS— GUILTY. Aged 22.—Recommended to mercy.
Confined Five Days.
MATILDA STEPHENS— NOT GUILTY .
1248. BETSEY LEWIS was indicted for stealing, on the 24th of February, 1 coat, value 1l.; and 1 apron, value 3d.; the goods of John Thwaites, her master: also, on the 30th of March, 1 coat, value 30s.; and 1 table-cloth, value 2s. 6d.; the goods of Edward Ransom, her master: and on the 27th of April, 1 cloak, value 1l.; 2 shawls, value 6s.; and 1 bonnet, value 1s. 6d.; the goods of John Hills, her master; to which she pleaded
GUILTY . Aged 9.— Respited.
MARMADUKE PICKERING . On Saturday night, the 2nd of May, I went to Mr. Garrett's shop, at eleven o'clock—I gave a sovereign to Mary Pickering—she turned round, and I heard a sovereign drop—search was made for it, and a young woman said something—a boy said Hannah Levin had got it, I offered her 5s. for it—she denied having it, and was taken to the watch-house—her sister stood outside the watch-house door.
MARY PICKERING . I went to Mr. Garrett's shop—Pickering gave me the sovereign—I dropped it, and we got a light to look for it—the prisoner Hannah was charged with having picked it up—the said she had not got it—I went and asked if she had got it, and would she give it me—she said she had not—I told her to take her glove off; she was unwilling to do so, but she did at last, and there was no sovereign in it—her sister Caroline then came out of Mr. Garrett's—Hannah was taken to the watch-house, and Caroline came there, and said it was at any one's peril to search her—she said she had 1l. 12s. of her own money, but not mine.
Cross-examined by MR. CLARKSON. Q. You were going to redeem some articles? A. Yes; and Caroline had been to redeem something; when I dropped the sovereign—she had not the opportunity of seeing any thing about it—whin she came out they went down the Commercial-road, and my husband gave charge of them.
WILLIAM SOUTHWICK . I was in the Commercial-road, there was a light and some person searching. I asked the witness what was lost, she said, a sovereign—I saw it; I was going to pick it up, but Hannah put her foot on it, she stooped down and picked it up—she had an apple in her hand, and I am not sure whether she put the apple or the sovereign into her mouth—
Caroline then took her arm—they walked round the Commercial-road—the prosecutor gave her in charge—Hannah was searched, but nothing found on her.
Q. Whether she swallowed the sovereign or not you cannot tell? No; the other sister was at the watch-house door, when Hannah was searched.
THOMAS WINTER (police-constable H 30.) I was called that evening; the boy said he saw Hannah pick up a sovereign—I asked whether she had seen it—she said, "No you may search me if you like now"—Caroline had been with her then about two minutes, and Hannah had an opportunity of passing any thing to her—Caroline came down the watch-house.
ROBERT TAYLOR (police-sergeant H 19.) The prisoner Hannah Levin was brought to the watch-house—nothing was found on her, but two or three old coins—Caroline was then brought in—she said she knew nothing of it—but she had 1l. 12s. or thereabouts, and it was her own money—she was asked to show it, and she did—she said she had it from somebody; but I cannot tell who.
NOT GUILTY .
Fifth Jury, before Mr. Sergeant Arabin.
GEORGE CARTE WILLIAMSON . I am a gentleman. Last Friday evening I was walking in Tottenham-court-road—I perceived a person behind me—I turned and saw the prisoner, he had his hand in my pocket, and took out my handkerchief—he ran—I called the officer, who took hold of his coat, but he fell down—I still continued to follow, and another officer came, and took him—he had continued to hold my handkerchief till he saw the second policeman—he then threw it down—when I went to look for it, it was gone.
Prisoner's Defence. I was walking by this gentleman, and a boy stole his handkerchief—I was running after the boy, and he said it was me.
GUILTY .* Aged 20.— Transported for Fourteen Years.
ROBERT SMART . I am a servant out of a situation. On the 8th of May, I was in Smithfield—I felt something at my pocket—I turned and saw the prisoner close behind me—he walked away—I went up to him, and said "Young man you have picked up my snuff-box"—he said he had not—I said "You have; I insist upon you giving it to me"—he put his hand into the flap of his trowsers, and gave it me, and said he had picked it up—I am positive it was safe in my pocket not half a minute before—this is it.
Prisoner's Defence. I picked up this box—the gentleman came after me, and I gave it him.
GUILTY . † Aged 19.— Transported for Seven Years.
it on the 24th of April—my shop is in Great Earl-street, Seven Dials—I have seen the prisoner as a porter.
GUILTY . Aged 42.— Confined Six Months.
MATTHEW TREBILLOCK . I am gate-keeper at the London Docks. I saw the prisoner coming out at half-past five o'clock in the evening, on the 11th of May—he appeared very bulky—I put my hand to his breast, and asked him what he had there—he made no reply—I found this piece of diaper between his shirt and his skin, and this other piece in his coat—he worked as stevadore—he said he had worked on board the Turvill.
GEORGE DIX . I am a Thames police-constable. I was sent for, and went on board the Turvill, of America, outward-bound; she is lying in the London Docks—I found a case marked "B," in a diamond, which had been broken open—I found two pieces of linen and diaper, which were just out, but there was still a deficiency just of a size which this property would have filled up.
JOHN PARRISH . I am a warehouseman to Cowley and Hewetson, of Blackwell-hall-court. The Turvill is an American vessel—this property was on boad there, and belonged to Mr. Samuel Norman Cowley and his partner; they were consigned to New York for sale—the case marked "B," in a diamond, had gone from their house—I was sent for on Tuesday, and found the whole package, except those two pieces of diaper—it is my firm belief, that they came from there—the lid and the iron hoops which clasped it were broken.
Prisoner's Defence. I went to sleep on board, and when I awoke, about five o'clock, a man was buttoning up my clothes—I felt these things inside—he said "It is all right, go and get some beer"—I was going, and the gate-keeper stopped me.
(Cleophas Ratcliff, of King David-lane, and Abraham Lewis, gave the prisoner a good character.)
GUILTY . Aged 32.— Confined One Year.
JOHN AMES . I am in the service of John Brown, and another; they are leather-sellers, in Whitecross-street. The prisoner buys pieces of leather of my master—I had been directed to watch him—he came on the 1st of May, and went to the box of pieces—he picked out some pieces, and put them into his bag, he then took this other piece of leather from a locker, and put it into his bag—he filled his bag with the pieces, and took it as is usual, out of the shop to another place to weigh it—I followed—the bag weighed seventy-pounds—he then brought it into the shop, and gave my master some money, but I can not tell what—I saw this piece of leather found in the bag.
Cross-examined by MR. DOANE. Q. Where were you? A. In the back warehouse—I was about four feet from him—a man asked him for something to drink, and he left the shop, and left his bag behind him—I then went and saw it weighed, he came and paid my master for the
contents of the same bag that he had left it in the shop—during his absence any one might have opened it.
COURT. Q. Your master directed you to watch this man, and you made no remark when this leather was put in? A. No; the contents of the bag were turned out at the station-house, and this piece of leather was found in it—I do not recollect whether he said how he had got it.
JOHN BROWN . I have one partner. The pieces of leather are put in a particular part of the shop—people come and take them into a bag or something, and pay for the weight of them—I had reason to suspect the prisoner, and set Ames to watch him—the prisoner went and weighed the bag—he came and paid me for seventy pounds, allowing three pounds for the bag—he paid me 5s. 7d., which was at the low rate that we charge for pieces, a penny a pound—this is the piece which was found in his bag; it would not have been sold at that rate—I could not afford to sell this for 6s.—I was at the station-house when it was taken out, he said he was not aware, or did not know that it was there.
Cross-examined. Q. Did he say he did not know it was there, or he did not know how it came in? A. I am not sure—I was in the shop when he came in; there was another person in the shop—I was not there when the prisoner began to fill his bag—when he had filled his bag he left it in the shop while he went out—I did not open it, nor did any one else; I sent my man to see it weighed, and the prisoner came back and paid me.
Prisoner's Defence. Mr. Brown's men served me a trick six years ago when I went for leather; they put two stones in, which weighed twenty-eight pounds; I took them back, and with a deal to do I got some leather for them; instead of putting in the stones, why might not they put this leather in?
NOT GUILTY .
JOHN HAYES . I live in Philip-street, Kingsland-road. On the 7th of May, I was out with my cart, in which I carry butter—I got out to attend to a lady, and left my coat in the cart opposite Stock's-terrace—I returned in about two minutes, and my coat was gone.
(Property produced and sworn to.)
(The prisoner put in a written defence, stating that he was intoxicated, and had not the slightest idea of having committed the offence.)
GUILTY . Aged 30.— Transported for Seven Years.
THOMAS BARNES (police-constable D 160.) I received charge of the prisoner last Sunday morning, between five and six o'clock, and on going to search his premises for some other articles, I found an adze concealed in some straw—I found some other tools, and a nail-box—he said he knew nothing about them—he lived in the kitchen and had the use of the cellar where these were found.
WILLIAM BROWNING . I am a carpenter. This axe is mine; I lost it from an unfinished building between the 29th and 30th of April—I know nothing of the prisoner; the door of the house was locked, and they got in at the window.
FRANCIS NEWMAN . I live in Steven-street, Lisson-grove. The prisoner lodged with me nine weeks, he had my front kitchen, and the use of the cellar where these tools were found—I did not put them there.
Prisoner. A Mrs. Rose, who lodged there, and is now in prison, gave a man leave to put these tools there, when I was not at home.
Jury to FRANCIS NEWMAN. Q. Had any one access to this cellar but the prisoner? A. Not to my knowledge—two families lodged in the house, who might have access to it, but I do not think they had—the prisoner is a smith and farrier—he had a key of the area-gate—he did not come in by the street-door.
THOMAS BARNES re-examined. When I went to this house the prisoner was at the station-house—I went into the cellar, and saw a candle burning in a brass candlestick; it was nearly extinguished, as if it had been burning some hours.
NOT GUILTY .
JOSEPH SPELLER . I am a pewterer. On the 10th of May, between eleven and twelve o'clock at night, I was with my wife in Featherstone-street, St. Luke's—I had a watch, a seal, and key in my pocket—we had come from my brother's—I was perfectly sober—the prisoner came across the road from James-street—I turned and looked at him, it being moon-light—he snatched my watch, and ran away—I quitted my wife and ran after, him, crying, "Stop thief"—he got into the City-road—I never lost sight of him—the witness caught him in my presence—I was close to him—I said, "That is the fellow that has got my watch"—the policeman came up and collared him—the prisoner shoved the watch towards me; but whether he intended to throw it on the ground, or to give it me, I cannot tell—I gave it to the officer, this is it—there was no one but the prisoner that I could see.
ELIZABETH SPELLER . I was walking arm-in-arm with my husband—the prisoner came across the street, and snatched his watch—he ran away, and was taken in the City-road—I never lost sight of him—I saw the watch in his hand.
Prisoner. I delivered the wateb up directly—it was given to me by a young man, and then this person seized me—I gave it to the prosecutor.
(Richard Bax, of No. 4, Peter-street, the prisoner's master, gave him a good character.)
GUILTY . Aged 21— Transported for Seven Years.
JOSEPH CRABB . I am a butcher, and live in Norway-place, Hackney-road. On the 27th of April, I was in Hackney-road, about half-past two o'clock, and saw the prisoner distinctly put his hand into Mr. Stone's pocket, and take out his handkerchief; I crossed to take hold of the prisoner, but he seeing me, turned into the road—I called, "Stop thief!" but being lame, I could not pursue him—Mr. Stone turned round, the prisoner threw the handkerchief into the road, and ran off—Mr. Stone pursued him, and took him himself.
Cross-examined by MR. JONES. Q. Where do you carry on your business? A. I was apprenticed to a butcher, and when I choose to go to Smithfield, and purchase any thing, and have it killed, I can do so—I had a shop, about five years ago, in Hackney-road, and I have been a journeyman four years ago—my mother is independent, and I live with her, but I earn a few shillings at my own business, as a journeyman, if any one employs me—I was employed last Tuesday—it is four years since I worked in any regular situation; I mean, that I have not earned a shilling, except as a journeyman butcher, for the last four years—I have not been assisting the police—I swear I never assisted them at all—I have not been a witness for the last four years, to my knowledge—I never gave evidence in any court except the Court of Requests—I have never been a witness before a Magistrate, to my knowledge—I have never been bail for any one.
GEORGE STONE . I had ray pocket picked in Hackney-road, on the 27th of April—I did not feel it, but I heard a cry of "Stop thief," I turned, and saw the prisoner run across the road—I saw him throw my handkerchief down—I took it up, and pursued him down a street, and took him.
Prisoner's Defence. It was not me.
(John Conden, of Nelson-street, Shoreditch; Thomas Hubbard, of Collingridge-street; and William Haye, of Back Church-lane, gave the prisoner a good character.)
GUILTY. Aged 14.—Recommended to mercy by the Prosecutor.— Judgment Respited.
WILLIAM HOLCOMBE . I live in Gwynn's-place, Lisson-grove. My wife is a laundress—the prisoner was employed to fetch linen and take it home, and do any thing there was to do—it was his duty to receive money when bills were paid him, and he was to account for it the same night—Mrs. Phipps was a customer of ours—she lives in Upper Harley-street.
her—I paid the prisoner 12s. 9d., on the 27th of April, on account of his mistress—he did not give me any receipt.
WILLIAM HOLCOMBE . The prisoner never paid me this 1l. 17s. nor the 12s. 9d.—I went to the customers the next day, and discovered it—he left me that same evening without notice—I paid him weekly, and he left on a Monday—he had had his money on the Saturday night before—he had been with me nine or ten months, and had 9s. a-week and his board.
(The prisoner put in a written defence, stating that he had been drinking with a friend, and lost the money.)
JOHN BUCKINGHAM (police-constable.) The prisoner came and said he would give himself up to me; that he was about writing a letter to his employer—he said he had spent the money, but intended to return it.
GUILTY. Aged 22.—Recommended to mercy. — Confined Three Months.
OLD COURT.—Saturday, May 16th.
Second Jury, before Mr. Sergeant Arabin.
1260. MARGARET WORTH was indicted for stealing, on the 17th of April, at St. George, Hanover-square, I watch, value 4l.; 5 spoons, value 1l.; 1 pair of sugar-tongs, value 10s.; 1 shawl, value 1l.; 2 pair of ear-rings, value 1l.; 1 locket, value 9s.; and 2 handkerchiefs, value 6d.; the goods of Robert Haggerstone, her master, in his dwelling-house.
ROBERT HAGGERSTONE . I am a greengrocer, and live in Park-side, Knights bridge, in the parish of St. George, Hanover-square. I rent the house—on the night of the 16th of April, the prisoner came into my service, on a week's trial, as a yearly servant—she went away about ten o'clock next morning, without notice, and I missed a gold watch, and the articles stated in the indictment—I have found all except some books, which are not mentioned in the indictment—she was taken into custody last Sunday.
Cross-examined, by MR. STURGEON. Q. What is the value of it? A. The outside value, is 15s.; I would not give more for it.
DAVID GRIFFITHS . I am the prisoner's father. The policeman applied to me, and I gave him five tea spoons, a pair of sugar-tongs, four ear-rings, and a locket—I received these things from my daughter, on Good Friday morning—about half past ten o'clock, when I met her in the street—shehad been absent some time—I did not know where she was lodging—she is married—she said she was living at No. 12, Sloane-street—she would give me no account of the articles—I took a basket from her with them in it, in the street, but she ran away from me.
Cross-examined. Q. She bears a good character? A. Yes; but has been seduced by a soldier.
Cross-examined. Q. What is the value of the spoons? A. 1l.; the sugar tongs, 10s.; the shawl cost me two guineas, and is nearly new—I do not know the value of the ear-rings—the prisoner left the tops of them behind.
GEORGE NORMAN re-examined. The ear-rings are worth 7s., they are Birmingham manufacture—the spoons and tongs, are worth ahout 5s., as old silver—they are old fashioned, and engraved—I could sell as good a shawl as this, for 15s.
Prisoner. I was persuaded to do it.
GUILTY of stealing to the value of 99s. Aged 22.
Transported for Fourteen Years.
(There was another indictment against the prisoner.)
Before Mr. Justice Park.
1261. CHRISTOPHER CHARLES FOSTER was indicted for that he, on the 17th of December, feloniously did forge a certain promissory note, for the payment of money, which is as follows, "Sligo, 11th of November, 1834.—Four months after date, I promise to pay Mr. B. Chesterman, or order at Mr. Macey's, No. 9, St. George's Quay, Dublin, the sum of 880l. sterling—I Murphy," with intent to defraud James Henry Trye, and Samuel Lightfoot; against the Statute.—2nd COUNT, for uttering, and putting off the same, with a like intent.—3rd and 4th COUNTS, for forging and uttering an indorsement, on the same as follows, "Pay Messrs. Trye and Lightfoot, or order, value of them—London, 13th December, 1834, B. Chesterman," with a like intent.—20 other COUNTS, varying the manner of laying the charge; and JONAS KING MURPHY was indicted, that he, well knowing the said Christopher Charles Foster had committed the felonies aforesaid, feloniously did receive, harbour, and maintain him, against the Statute.
Messrs. WHATELEY and BODKIN conducted the Prosecution.
JAMES HENRY TRYE . I am in partnership with Samuel Lightfoot—we are merchants and foreign banking agents. I know the house of Glaster and Co.—they are exchange-brokers—Mr. Daniel Glaster Foster is the only person in the firm to my knowledge—the prisoner Foster has latterly been the managing person in the business—Mr. Glaster Foster has been in infirm health for the last eighteen months—the prisoner is his nephew—we have had extensive bill transactions with that house, for many years—it is the business of exchange-brokers to negociate bill transactions between one house and another, receiving a commission from both houses—it is the custom, on those occasions, to state the particulars of the instrument, and as soon as the contract is passed, the seller sends the bill to the buyer, indorsed—in December last we had taken several bills, with the name of "B. Chesterman" as the indorser—I placed one in the prisoner's hand, which was returned from Dublin, protested in February, this year; the amount was 790l.
MR. ADOLPHUS. Q. Do you mean that you yourself handed that bill to the prisoner? A. Yes, I did it myself; that bill was due on the 11th of February, in Dublin, drawn at three months from the 8th of November.
MR. BODKIN. Q. Did you learn at any time from the prisoner Foster, whether the "B. Chesterman" on that bill was the same person as purported to be the indorser of the bill in question? A. Yes.
MR. CLARKSON. Q. Did that purport to be a bill of exchange or a promissory note? A. A bill of exchange—I have a memorandum of the various bills—I did not make it myself, but compared it with my books; they were not all promissory notes—on the return of the 790l. bill, the prisoner Foster was sent for—he was told, that a bill indorsed "B. Chesterman" was returned, protested for non-payment—I stated to him
that I hoped the representation he had made as to the respectability of Chesterman was correct.
(JAMES—, proved the service of a notice on the prisoners, and their attorney, to produce a bill of exchange, dated 18th of November, 1834, drawn by "B. Chestennan," on "B. Murphy," of Sligo, for 790l.)
MR. TRYE re-examined. Q. What passed further on that interrview? A. He stated that there was no doubt as to his respectability, and if I would allow him to take the bill, he would fetch me the amount and charges—I placed the bill and protest in his hands for that purpose—he then left me—I think this was on the 14th of February—the representations that he had made of Chesterman were, that he was a man of the highest respectability, of property to a considerable amount, and was well known to his uncle and himself for many years—that his uncle had done business for him formerly, and he knew him to be worth at least 30,000l.—that he was in the wine and spirit trade, and carried on business in Lincoln's inn-fields, and he believed he had a house at Brixton; and, finally, to induce me to take the bill, that he considered him of equal respectability to any house in London—this conversation was when he first presented the 790l. bill; and he confirmed it when the bill was returned in February. I perceive by a contract I have in my hand, dated the "13th of December, 1834," in the prisoner's hand-writing, that I took from him a bill of Thomas Wilson, of London, on Belfast, for 20l.; three bills on Dublin, of Messrs. Hanbury and Co., the bankers, for 30l., 69l. 18s. 6d., and 84l. 5s. 6d.; and the bill in question of B. Chestermain for 880l.—this memorandum was written by Foster, at the time of the transaction—it is his hand-writing, and is signed by the firm of Glaster and Co.—deducting the charges, 1 had to pay 858l. fbr the bill—I paid it by a cheque on Willis and Co., my bankers—the signature to this cheque is my hand-writing—I gave 1t to the person who represented himself as the clerk of B. Chesterman—the custom in London is to take the bills on one post-day, and pay for them on the next—Foster afterwards presented other bills with "B. Chesterman" on them, but we refused to take them—this was the last bill I took of him with the name of "Chesterman"—I had made some inquiries, and told him, from the inquires I had made, no such person, as the acceptor was living at Sligo—he said there must be some mistake in that information, as he had been assured that Murphy had extensive dealings with Chetterman, and he stated that I might be perfectly satisfied; the bills I had ranning were perfectly safe, and any others I chose to take would be equally so—I told him I thought Mr. Chesterman had not exercised proper caution in trusting Murphy—he replied, that was his affair; Mr. Chesterman was perfectly safe, if the amount had been as many thousands as it was hundreds—he stated, that I might take it with as much safety as I could the indorsement of Harman and Co.: that house, is one of the first respectability in the City of London—whenhe came in February to ask me for the 790l. bill to take to the indorser, he was gone about an hour and a half—he then returned, and paid me the amount and charges—the 880l. bill would be due on the 14th of March—it should be paid in Dublin on that day—I received this note that day—it came by the Twopenny-post—it was afterwards shewn to Foster in my presence (read)—"Messrs. Trye and Light-foot, Crosby-square, Bishopsgate-street—Sir, The bill for 800l. and upwards, is a forgery—due to-morrow, in Dublin—Foster is going; see to it"—I read the note "Foster is going to see to it"—I did not suppose but
what he was going to look after it, and it did not excite my suspicion—I had occasion to go to Grosvenor-place shortly afterwards; I was gone nearly three hours—during my absence Mr. Lightfoot had an opportunity of seeing Foster—on my return, Foster followed me as I went up stairs to the counting-house—Mr. Lightfoot read the note, and said to Foster, "Why, Foster, this is as much as to say you are going;" and that directed my attention more particularly to the note—Mr. Lightfoot bantered him about it—neither of us had any suspicion whatever—I told him it looked rather suspicious—he stated that it did; and requested that I would preserve the note, in order to show it to his uncle—when we bantered him as to his running away, he said, it was perfectly safe—I thought so to, seeing the other bills were paid—I expected the 880l. bill from Dublin on the Monday—that is, the account of the bill, if it had been paid—this was on Saturday—I required that Foster would call on Monday to learn its fate—he agreed to do so—the bill did not arrive till Wednesday—Foster did not call on Monday—Tuesday was foreign post day—it was his custom always to call on that day—I did not see him that day; he did not come—I was not on Change myself, but my partner was—the bill arrived on Wednesday protested—it is a promissory note—this if it—I never saw Foster after that, till he was in custody, about the 1st or 2nd of April—the indorsement is, "Pay to Messrs. Trye and Lightfoot, or order, value of them; London, 13th of December, 1834. B. Chesterman"—I have frequently seen Foster write, and had considerable means of ascertaining the character of his hand-writing—I believe the words "Pay Messrs. Trye and Lightfoot" to be his hand-writing—I have no doubt of it, and I believe the signature "B. Chesterman" to be his, by a comparison of the letters and the way I have seen him write—I do believe it to be his.
Cross-examined by MR. ADOLPHUS. Q. How long have you known him? A. About twenty years, and did business with him all that time as the assistant of his uncle—he did not give the bill to me; it was passed to me by a person, purporting to be a clerk of Chesterman's—I cannot say what sort of person he was—I cannot say whether I saw him on this occasion—I have seen a person who I considered his clerk—I remember receiving the note from some person who brought it in; not the prisoner—I had some conversation with the prisoner about Mr. Chesterman, and his ability to pay—at the time I expressed my suspicion of his having an indifferent customer, he said, he would send Mr. Chesterman to me—I had not made inquiry then about Chesterman—from the representation he had made to me about his respectability, I considered it a very ungentlemanly thing to ask him to call on me, and I declined seeing him.
BENJAMIN CHESTEUMAN . I keep the Hope public-house, in Blackmore-street, Clare-market, and am a builder and carpenter as well. I have lived there better than two years—I am acquainted with Foster, and very slightly with Murphy—I have known Foster four or five years—I kept a public-house before I lived at the Hope, about five years previously, in Clare-market—Foster was in the habit of coming to the Hope—Murphy was also in the habit of coming—I have seen them together, but not frequently—Foster has a house at Woodford-bride, in Essex—I have visited him there frequently—I never met Murphy there—I never heard of a person of my name in Lincoln's-inn, or Lincoln's-inn-fields—not any part of the indorsement to this bill is my hand-writing—the words "B. Chesterman" are not—I have no recollection of authorising any one to put my
name to that bill—I can distinctly swear I have no recollection of doing so, but I will not swear that I did not.
Q. Since the time you were first examined at the Mansion-home, have you had any interview with the prisoner's attorney? A. Not on this business; I have seen him—I guvc him instructions—I have seen him at my house—I was not with him at a public-house near Fleet-street a short time ago; not to my recollection—I drank with him at a public-house in the Old bailey, cither on Monday or Tuesday, at the time I was waiting to attend the Grand Jury—I think on Monday last I met him on Ludgate-hill—Mr. Fernley is the attorney—I gave him instructions to issue a writ against a man who owed me some money—I think that was the same day as I met him in the Old Bailey—I have had no other interview! with him, except when he has called at my house, and said, "Good morning," or, "How do you do;" nothing further—I do not know where he lives—he has called half-a-dozen times; perhaps not to many—he wat at my house several times before March—I never saw him and Foster together, or Murphy—I did not say, positively, before the Lord Mayor, that I never authorised any person to put my name on that bill, not te my recollection—I did not ask for any alteration to be made in my deposition at my second examination—I said, "To my recollection, I did not authorise Foster"—I said, I had no knowledge of the note, when it was produced at the first examination; and I say to now.
Q. Did not you say, your never, in any manner, gave the prisoner au-thority to use your name? A. Not to my recollection, I did not—I belive those were my words; I said "I have not the least recollection of authorising him to use my name."
Q. Were not those last words, "I have not the least recollection of authorising him to use my name," added the second time you were before the Lord Mayor? A. I believe they were if they were added at my request—I have no recollection that I ever drew a bill for so large an amount as 880l.—I have no recollection of drawing a bill, in November, on J. Murphy, of Sligo, for 790l.—I did not pay 790l. for abill, in February which was returned protested for non-payment.
Cross-examined by MR. PHILLIPS. Q. You will not undertake to swear you had not authorised persons to use your name? A. I will not—I should not do it without relying on their power of taking up the bills when due—I have been pretty intimate with Foster—I had a considerable reliance on him—I have heard he conducted a great portion of his uncle's business—I have frequently lent him money—he has owed me more than a 100l. in cash—my memory is not very good—it is not at all improbable that I might have authorised persons, more than once or twice, to use my name, and forget it.
COURT. Q. You know you are under the solemn obligation of an oath, for which you arc to answer at the day of judgment, I adjure you, in the name of God, most solemnly, to tell me, whether you may not have authorised him to put your name to the bill in question; will you take upon yourself to say, whether you have not authorised him to put your name to bills when he pleased? A. I have no recollection of author rising him to put my name to bills when he pleased; will your Lordship allow me to state, that on the Sunday morning after I gave evidence, I was looking over my desk, and found a document which I was surprised to find; it ran thus, "Lent my name to Foster for Eight hu—,"
and there it left off; and I was astonished—it was my own hand-writing, but I have no recollection of writing it—I have not got the paper here—I was so astonished that I destroyed it immediately.
NOT GUILTY .
Before Mr. Justice Littledale.
Upon the evidence of Mr. Snitch, surgeon and accoucheur, Brydges-street, Covent Garden, who was unable to state that the child had been born alive; and if to, whether its death had not been caused by accident, the prisoner was
Before Mr. Justice Park.
1263. GEORGE HODGES was indicted for stealing, on the 25th of June, at St. Marylebone, 1 coat, value 5s.; 1 hat, value 5s.; 4 sheets, value 8s.; 1 counterpane, value 2s. 6d.; 4 gowns, value 10s.; 12 handkerchiefs, value 1l.; 9 shirts, value 2l.; 8 shifts, value 1l.; and 3 pair of trowsers, value 1l.; the goods of James Gray, in his dwelling-house: also, for stealing, on the 12th of June, 1 pair of trowsers, value 8l.; the goods of George Bean; to which indictments he pleaded
GUILTY . Aged 42.— Transported for Life.
First Jury, before Mr. Recorder.
GUILTY . Aged 28.— Confined Two Years.
1265. GEORGE WEBSTER was indicted for stealing, on the 11th of March, at St. James, Clerkenwell, 1 box, value 10s.; 9 sovereigns, 55 shillings, and 13 sixpences; the goods and monies of George Weaver, his master: and 1 pencil-case, value 1s.; the goods of Andrew Thomson, in the dwelling-house of the said George Weaver.
ELIZABETH THOMSON . I am the wife of Andrew Thomson. He occupied a house in Exmouth-street before February, but not since—he afterwards parted with the house to Mr. George Weaver—on the 11th of March, between twelve and one o'clock, I was at that house—the prisoner was in the second-floor room there—he was Weaver's errand-boy—I was in the shop, and heard him go out—I missed, from a cupboard in the room, a tin cash-box, which I had seen safe about half-an-hour before—it was locked—it contained 12l. 1s. 6d., which was Mr. George Weaver's property; there were nine sovereigns, and the rest in shillings and sixences—there was a pencil-case in it, which belonged to my husband, worth 1s.—I saw the prisoner again at Hatton-garden, on the 8th of April—he had absconded.
GEORGE WEAVER . I keep a cheesemonger's shop in Exmouth-street, Clerkenwell. I was absent about three-quarters of an hour when the property was missed—the prisoner was my errand-boy—I did not see him again until the 8th of April.
CHARLES STEWART . I am superintendent of the police, at Woolwich—on the 8th of April I saw the prisoner on board a steam-boat, going to London—I searched him, and found this pencil-case on him, and 1l. 6s. in
money—he was in company with another lad about the same age—the prisoner said he was taking the money to his master, a cap-maker, in Holborn—I said I would take him to his master—he afterwards said he lived with a person in Exmouth-street—I took him to Weaver, who charged him with this.
GUILTY of stealing, but not in the dwelling-house.—Aged 13.
Transported for Seven Years.
1266. JOSHUA INKER was indicted for feloniously assaulting John Evans, on the 9th of May, at Cranfield, with a felonious intent to rob him; and his goods and monies from his person, and against his will violently and feloniously to steal.
JOHN EVANS . I live in Crown-court, Windmill-street, Westminster. On Saturday, the 9th of May, I went from Windsor to London—when I got to Cranfield-bridge, I met the prisoner between one and two o'clock—I took out my handkerchief to wipe the perspiration from my face, and a piece of bread dropped out—the prisoner said "That is mine," and demanded it—I gave it to him—he said that was not all; nor would he be satisfied with it, but he would have more; he would have something else—he put his hand in my pocket two or three times, and then round to another pocket—I called him a blackguard, and told him to go about his business—he still insisted on having something—I called him a thief, and ran into the Berkeley Arms for assistance—he said he would have me, if he waited seventeen hours for me—I came out and sat on the seat—he knocked me down twice on the seat, and tried to knock me down a third time, but I fell down, for I was afraid of him—another person picked me up, and he knocked him down—he ran off towards London—I followed him, and in turning a corner I found myself nearer to him than I was aware of—he ran after me, overtook me, and got me down on the ground—he was standing over me, swearing by the Holy Ghost that he would murder me—I cried, "Murder," and fell down—the Oxford coach came up—five gentlemen got off the coach, and took me up on the coach—he was swearing he would murder me—they got to the horse-patrol, and sent him in search of him—he took nothing out of my pockets—there was nothing in them—he did not appear drunk—he was very violent—he attacked me openly—I had 3l. in my fob, and 2l. worth of goods on my shoulder—he did not interfere with the goods at all—I had given him no offence at all—he charged me with robbing him of 2d. when there were about a dozen spectators round—they appeared to believe him, and I pulled out 1l. 15s. to show them—he saw where I took it from—he had no chance of taking it from me; for whea he was standing round me the Oxford coach came up—when I pulled the money out, he said, "Yes, that is your money, but you are so niggardly of it"—I followed, and endeavoured to have him secured, for having attempted to to me and most violently assaulting me—I was very much alarmed when I overtook him—he called to me to come on, and shook his fist at me—I was afraid, and turned back—he followed me, and swore he would murder me—I cannot say that he struck me then, but it is my firm impression that his fist was on my breast when the Oxford coach turned the corner—I was on the ground then—he appeared mad—I cannot say it was from liquor—I got on the coach, and
went on to the station-house—he was taken into custody by the horse-patrol—I was fifty yards from the Berkeley Arms when I first saw him—at the Berkeley Arms I offered repeatedly to send for a constable, but the people were all afraid to pass him—he was defying the whole of the spectators, and the only man who took my part he knocked down—I cannot say I felt any thing on my breast, my senses and sight seemed completely bewildered—he still pressed towards me when they got me on the coach; he was defying the whole passengers—I am certain his hand was in my pocket two or three times.
Prisoner. He had got my 2d. in his pocket. Witness. I had not taken 2d. from him—I had not seen any body give him 2d.—he did not ask me for charity.
Prisoner. I was coming to get a ship at Chatham—I met an old ship-mate, and went with him—we had eleven pots of beer and two-pennyworth of tobacco—he had nothing left but 2d.—he said, "Jack, there is a gentleman over the way in a gig, he will give you 2d., to make up a pot for a round dozen"—I went over to him, and the gentleman knocked my hat off with the whip, as he was getting into the gig, and knocked the 2d. out of my hat—the prosecutor took it up, put it into his pocket, and said he had only picked up the bread. Witness. I saw a gig, after he had struck me twice, at the Berkeley Arms he complained of my taking 2d. from him—the gentleman belonging to the gig saw him beat me—I did not see a gentleman beat him off from the gig—I did not see him near a gig till the time I have mentioned—the horse's head was turned towards Windsor—I saw nothing more about it—I saw no 2d. at all.
RICHARD GLINDENNING . I am a Bow-street patrol. I apprehended the prisoner about half a mile on this side of Cranfield-bridge—he was lying on the grass by the way-side—he had been drinking—I searched him, but found nothing about him—I told him the charge, and asked him to come quickly with me, as I had heard a very bad character of him, and a charge of attempting to rob—he said he would see me d—d before he would go with me—I said go he should, or I would fetch him dead—I got off my horse and hit him over the side of the head—that made him consent to go—he got on my horse—I strapped him to my stirrup, and then he went—he had no money—he was not what we call staggering drunk—he had no doubt, been drinking freely.
FRANCIS GILLAM . I am a horse-keeper, and live at Cranfield. I had seen the prisoner at the White Hart tap before this dispute arose—I saw him in the Berkeley Arms'-yard—a gig stood in the yard; it went away towards Harlington—the prisoner followed it about eighty yards, and the gentleman kept poking his hat with his whip—he had his hat off, begging, and the gentleman kept pushing the whip to keep his hat off; and finding he would not get away, he drove the gig towards him, and drove him up to the foot-path—he would not give him any thing—the prisoner then turned back towards Cranfield—aa he ran by the side of the gig, the prosecutor passed on the other side of the gig—the prisoner ran up to him, but what he said, I cannot say, being sixty yards off—I did not hear him charge the prosecutor with doing any thing—before he got to the house, I saw his hand go into the man's pocket once—when he got nearer, he said, "You shall give me something," and said he was a poor man, and had got nothing for himself—he put his hand into his pocket three times, and the prosecutor "bolted" into the Berkeley Arms—the prisoner said, "I will sit here and wait for you, if it is seventeen hours"—this was in the presence
of a great many people—he was close to the public-house when he struck him—the prosecutor was coming towards London, and the prisoner was running with the gig, from London, but turned back—the blow was struck after he had put his hand in the prosecutor's pocket—I cannot say the prisoner was sober—he had drank a few pots of beer in the tap-room, but I was not there all the time.
Prisoner. It was not my intent to rob the man, or I should not have attacked him in the presence of twenty men; but a sailor said, "I would have my 2d., Jack, "and I said I would. Witness. I did not hear that—I did not see a man selling oranges and nuts there—I did not hear him charge the prosecutor with robbing him of 2d.—I saw him change 2s. or 3s. at the public-house.
GEORGE BROWN . I live at the White Hart, at Cranfield. I was standing by the prisoner and prosecutor—I saw the prisoner strike him three times—he offered me 1s. or 6d. to go for a constable, but I was afraid—I intended to "shirk" off over the bridge, but the prisoner overtook me and said, "Jack, if you can keep up with me, come on!"—I said, "I am not going for the constable"—I went over the bridge, and turned up a line, to go to Cook's, the constable, but he was not at home—I cut across some fields into the road, and saw the prosecutor—the prisoner had got him down, with his fist on his breast, swearing he would murder him—the Oxford coach came up; the passengers got off, and got the prosecutor on the coach—the prisoner said he would have him another time, and ran by the side of the coach, till he met a carriage, he then turned back, begging of the carriage—we got to Hounslow, and the gentlemen on the coach sent the patrol to overtake him.
Prisoner's Defence. After I asked him for 2d., he would not give it to me—he went over to the Berkeley Arms, then came out, and sat on the seat; a sailor said, "I would have my 2d. If I were you"—I went over again and said, "Do you mean to give me my 2d."—he said, "I will take up this piece of bread and give you"—he would not give it to me, and I struck him, but not a third time, for he fell down without a blow—when he came over the bridge, he said he would send for a constable, and I should have a month's imprisonment—I came round and met him, and the coach came up—he fell down directly on his back, the passengers got off, and asked what was the matter—I said he had robbed me of 2d.—he said, "No, I did not; he took away some bread from me"—he went away on the coach—there are eight or ten small houses there—I could not intend to rob him—I had a right to have my 2d.—it fell in the road it was not his.
NOT GUILTY .
MARY JACKSON . I am the wife of William Jackson, a carpenter, in Wilmington-place, Clerkenwell. The prisoner lodged at our house for about a month, and left without notice, last Saturday morning—he did not come home at night—I found in his room five duplicates for the articles in question, which had been let with the room—I knew nothing of their being pawned—his wife lodged with him—he used to come home to meals, except for the last week—I had lent him some money.
Prisoner. Q. Did not I ask you to lend me a few shillings—you said your husband had been out drinking for three weeks, and you had not
a farthing; I asked you to lend me the things off the bed, and you said I was welcome to them if I would return them on Saturday, which is to-night? A. Never; it is quite false—I suspected him by his not coming home, and missed the things—he owed me a week's rent.
JAMES COX . I am in the service of Mr. Watt, a pawnbroker, in Exmouth-street. I produce these articles which were pawned on the 4th, 5th, and 6th of May, by the prisoner—he pawned the bolster—I cannot be certain of the others—but it was a man.
GUILTY . Aged 38.— Confined Three Months.
NEW COURT.—Saturday, May 16th, 1835.
Fifth Jury, before Mr. Common Sergeant.
GUILTY .— Confined Three Months.
EDWARD MOORE . I live in Cock-alley, Shoreditch, and am a chimney-sweeper. The prisoner is my son—he lodged in the same house, up one pair of stairs—on the 15th of April, I missed my ass, which I kept in Blackhorse-fields, Kingsland-road—I found it again at Smithfield-market, on the 24th of April, near Bartholemew-close—Kenr had it—he would not deliver it up to me, and I got the officer.
Prisoner. I was at home the same day. Witness. Yes; at nine o'clock in the morning—I got a job, and went out, and was not at home till six o'clock in the evening.
HENRY KENT . I live in Edward-stieet, Stepney, and deal in all sorts of things. I took this ass to Smithfield, on the 24th of April, and was waiting for the market to be opened—I bought it of the prisoner at Romford—my wife was with me, and she paid the money.
Prisoner's Defence. I know nothing about it—I was at home that day.
GUILTY . Aged 23.— Transported for Seven Years.
GUILTY . Aged 30.— Confined Six Months.
1271. SAMUEL MITCHELL was indicted for stealing, on the 18th of April, 20 reams of paper, value 20l.; 20 reams of writing paper, value 20l.; 100 books, value 20l.; 20lbs. sealing wax, value 10l.; 100 yards of tape, value 10s.; 500 pens, value 1l.; and 1 inkstand, value 2l.; the goods of our Lord the King.—2nd COUNT, stating them to be the goods of Sir George Clark, Bart.—3rd COUNT, stating them to be the goods of George Arbuthnot, Esquire; to which he pleaded
GUILTY . Aged 39.— Transported for Seven Years.
(The prisoner received an excellent character.)
JULIA BURKE . I am the wife of John Burke, who lives in Coppice-row, Clerkenwell, and is a tailor—the prisoner was in his employ. On the 21st of April, about six o'clock in the evening, we went out leaving him in possession of the place—we returned about nine o'clock, and my husband left me, while be went into his brother's—as I stood there I saw the prisoner run down Mutton-hill—I followed him, suspecting him—when I came up to him he had these trowsers under his coat—I told him to come back, and my husband gave him in change—he said he was going to raise some money on them—they had been left on the shop-board—we owed him nothing.
GUILTY . Aged 30.— Confined One Month.
WILLIAM DEAR . I was looking through my window. I saw the prisoner and another person waiting about Mr. Baleman'e—I then went down Theobalds-road, saw the other man take the pork from Mr. Vincett's and give it to the prisoner.
Prisoner. I did it through distress.
GUILTY . Aged 19.— Confined Three Months.
(There was another indictment against the prisoner.)
FRANCIS CALLOW . I live in Pump-row, Old-street. The prisoner was in my service for about she months—he had these tools to work with—he left me about the 5th of January, and I missed them two days afterwards—when I took him into custody he gave me the duplicates—I went to Mr. Castle's, in Church-street, Bethns-green, where I saw my property—the pawnbroker came without it this morning, and he has gone back to fetch it.
ELIZA CALLOW . I was in the habit of paying the men's wages—the prisoner came to me one Saturday night—I said, "What do you want, you have earned nothing this week"—he said, he wanted 5s.—I said, "Here are 5s., and 2s., you have had before; and I hope you will do better next week"—he said he would.
Prisoner's Defence. I took the tools to pawn to get some victuals, as I was in great distress, work being slack.
GUILTY . Aged 19.— Confined Three Months.
1275. ELIZA BENWELL and CHARLES WILLIAM WRIGHT were indicted for stealing, on the 2nd of January, 1 gown-skirt, value 15s.; 2 yards of lace, value 7s.; 18 knives, value 1l. 10s.; 18 forks, value 1l.; 1 desk, value 15s.; 1 shift, value 5s.; 2 umbrellas, value 1l.; 5 shawls, value 4l.; 2 mugs, value 1s.; 1 dish, value 1s.; 12 plates, value 3s.; 6 handkerchiefs, value 12s.; and various other articles, the goods of Jane Matilda Coghlan, since deceased, the mistress of the said Eliza Benwell, in her dwelling-house.—2nd COUNT, stating Eliza Benwell to be the servant of, and the dwelling-house to belong to, Richard Brosler.
MESSRS. BODKIN and DOANE conducted the Prosecution.
JOHN HAYDON (police-constable S 162.) On the 22nd of April, I took the prisoner Benwell into custody, at No. 31, Little George-street, Hampstead-road. I told her, I took her on a charge of robbing her ready-furnished lodgings—that was not this charge—I took her to the station-house, and found twenty-seven duplicates upon her—I took Wright about half-past two o'clock the next morning at the same place—I then found fifty-seven duplicates lying on the table, Wright was in the room where the prisoner lodged—I saw Mrs. Pain, the landlady, and I got twenty-four more duplicates from her, and received three more duplicates from Benwell the next morning—I received one hundred and eleven duplicates in all—I have traced all the property—part of it has been claimed by the prosecutor—sixty-six duplicates relate to property which has not been claimed.
SARAH PAIN . I am the wife of Thomas Pain, we live at No. 31, Little George-street. The two prisoners occupied a back-room on the first floor in my house—Benwell went by the name of Mrs. Wright—I went into the room with the officer; and when he came again, I gave him some duplicates which I found in a small box on a table in that room.
WILLIAM LANCE . I am a pawnbroker, and live in Palace-row, New-road. I produced a sheet, a pillow, a blanket, some tea-things, five handkerchiefs, and some other property, the greater part of which were pawned by Benwell; she was in the habit of coming backwards and forwards.
RICHARD BROSLER . I am executor to Mrs. Jane Matilda Coghlan. I produce the probate of her will—I was in the habit of going to her house almost every day—she lived in Buckingham-street—the prisoner Benwell was in her service twice—she left her in June, came back in July, and lived with her till her death, which was on the 2nd of January, at half-past ten o'clock at night—I heard she was dead the next morning; Benwell told me she had been insensible for the last two days—she was the only servant in the house—there was a charwoman used to assist—I went the next morning, and missed several articles; some of which are here produced—I repeatedly asked the prisoner for Mrs. Coghlan's three rings which she used to wear; one was her wedding-ring, another a diamond ring, and the other had a blue stone in it—she denied all knowledge of them—I was rather severe with her, and the next day she brought the gold and diamond rings, but not the other—I spoke to her about the umbrella; she denied all knowledge of it—I spoke to her about the stair-carpeting; for when the auctioneer's clerk came to take the inventory, there were only seven yards of it—I said there must have been much more; she denied all knowledge of it, and said, "It must be on the top of the stairs"—this is the ring with the blue stone in it, and this is the umbrella and carpeting.
Prisoner Benwell. The deceased was sensible the day she died, and she sent for Mr. Broster—she gave me these things some time before, to make use of after her death, if I wanted them; and her last words to them were, to tell them to use me well—the executor has not paid me the 10l. that she left me, nor my wages—the carpets were never on the stairs while I was there.
MR. BROSTER. There is no truth in her stating that the things were given her by Mrs. Coghlan—she provided for her in her will—the things must have been taken before her death, as I had the possession of the house from the 3rd of January till the sale on the 12th of February.
BENWELL GUILTY of stealing to the value of 99s.— Transported for Seven Years.
WRIGHT— NOT GUILTY .
1276. ELIZA BENWELL and CHARLES WILLIAM WRIGHT were again indicted for stealing, on the 5th of August, 1 tablecloth, value 5s.; 1 bed-gown, value 4s.; 1 pair of shoes, value 4s.; 2 shifts, value 10s.; 2 napkins, value 2s.; 1 shawl, value 10s.; 1 smelling-bottle, value 9s.; 1 brooch, value 5s.; 2 forks, value 30s.; and 2 spoons, value 10s.; the goods of Jane Matilda Coghlan, since deceased, the mistress of the said Eliza Benwell.
MRS. BROSTER. I am the wife of Richard Broster. I was a friend of Mrs. Coghln—Benwell was four years in her service—some months before Mrs. Coglan's death, I was there and heard Benwell say that she had seen a table-cloth drawn down a rat's-hole, and a napkin and two silver forks.
Benwell's Defence. These things were given to me by my late mistress—she said I might keep them till her death, and then if I wanted money I could part with them.
BENWELL— GUILTY .— Transported Seven Years more.
WRIGHT— NOT GUILTY .
SARAH PAIN . I am the wife of Thomas Pain. Eliza Wright, the last prisoner, took my lodging—she afterwards brought this prisoner with her—they came on the 20th of April, and I missed these articles on the 22nd—they were pawned by the woman.
NOT GUILTY .
Sixth Jury, before Mr. Sergeant Arabin.
SARAH GREEN . I am a laundress, and live in Windsor-street, Islington. I lost a blanket off my ironing-board, by the window, on the 29th of April, at half-past eight o'clock—I saw it safe at a quarter-past seven o'clock.
Cross-examined by MR. PHILLIPS. Q. Did you take a boy? A. Yes; he is a very bad boy.
(Property produced and sworn to.)
Prisoner's Defence. About twenty minutes before nine o'clock, a lad came and brought the blanket, and said his mother was very ill, and she would be much obliged to me to go and pawn it, as they would not take it in of him.
MRS. BENNETT. My husband is a tailor, and lives in Edward-street, Battle-bridge. I went to the prisoner's house, on the 29th of April, to get a pair of shoes mended—her husband is a shoemaker—I got there about four o'clock—I staid till rather better than a quarter-past eight o'clock—the prisoner did not leave the house.
NOT GUILTY .
HENRY SAVAGE . I am bar-man to William Durrant, he keeps a gin-shop, in Crown-street, Shoreditch. On the 4th of May I missed this glass from the counter, Between three and four o'clock, and the officer produced it the same evening between seven and eight o'clock.
JAMES TURNER . I keep a general sale-shop in Whitecross-street. On the day stated, the prisoner came and asked me to buy this gin-glass—I saw the landlord's name on it, and I went to the public-house opposite and made some inquiry—I went back to my shop, and said to the prisoner, "You foolish woman, you have been and had a glass of gin, and stolen the glass"—she then said she had bought it at my shop.
Prisoner. I was in great distress—I have nine in family—I had bought this glass a week before, and I thought I would go and sell it.
NOT GUILTY .
1280. STEPHEN LOCKYER was indicted for stealing, on the 3rd of May, 10 aprons, value 5s.; 1 waistcoat, value 1s.; 5 handkerchiefs, value 2s.; 1 gown, value 2s.; 1 petticoat, value 1s. 6d.; 1 hearth-rug, value 4s.; 6 printed books, value 8s.; 1 shirt-collar, value 3d.; 1 pair of stays, value 9d.; 1 night-cap, value 2d.: 1 shirt-front, value 6d. and 2 egg-cups, value 1s.; the goods of John Moreau.
WILLIAM VENNING . I live in Cleveland-street, Fitzroy-square. The prisoner's father-in-law, John Moreau, lodged at my house—the prisoner lived there with his father and mother—on Sunday evening, the 3rd of May, I saw the prisoner go out with a large bundle—I ran down stairs after him, and overtook him in Southampton-street—I asked what he had got—he said nothing belonging to me; it was his mother's property—I said, would he go back with me—he threw the bundle down at my feet, and said, "Take it back yourself"—I gave him and the bundle to the officer—these are the articles.
CELLA MOREAU . I am the prisoner's mother. These things are my husband's property—the prisoner lived at home with us—he has lived in very respectable places, but turned out so wicked, he could not keep them—he has wronged me, and then gone away for three or four days—I left him locked in my room on the 3rd of May, while I went after my little girl, at five minutes after eight o'clock, and when I returned, I found my door broken open, and the prisoner and these things were gone.
GUILTY . †Aged 16.— Transported for Seven Years.
1281. WILLIAM BLAKE was indicted for stealing, on the 8th of May, 1 pair of gloves, value 1s.; 2 seals, value 9s.; 1 purse, value 6d.; 5 sovereigns; and 1 sixpence; the goods and monies of Charles William Edward Jerningham, from his person.
CHARLES WILLIAM EDWARD JERNINGHAM, ESQ . I am a barrister. On the 8th of May, between four and five o'clock, I was in Dover-street—I was informed by a woman that my pocket had been picked by three boys—I turned back, and went into Albemarle-street, where I asked a servant if he had seen three boys—he gave me information—I saw three boys at a distance—I pursued and laid hold of one of them—I taxed him with having robbed me, and at the same time called out, "Stop thief!"—he told me he was not with the others, and persuaded me to let him go—in the meantime, my calling had attracted some persons, and they took the prisoner, who was one of the boys—this pair of gloves fell from him, which are my property—the rest of the property I have not recovered—I lost my purse with five sovereigns in it—my seals were attached to my purse, which was with my gloves in my hind pocket.
RICHARD MARKRAM (police-constable C 129.) The prisoner was given into my charge—as I was taking him to the station, he tried several times to get his right-hand to his pocket, and he pulled out these gloves, which dropped on the ground—I stooped to take them up, as I had got hold of his left-hand, and he kicked them off the pavement—in my trying to get them, he made his escape, and got a few paces but I took him again.
GUILTY . Aged 19.— Transported for Seven Years.
BENJAMIN HEWITT . I am master of the workhouse of St. Andrew's, Holborn, and St. George the Martyr. I am servant to the directors of the poor of those parishes, and manage the poor—the prisoner has been employed for four years, to superintend the cotton-work in the house—winding cotton for tallow-chandlers—he had an allowance for that, and also as
a weekly-servant—he was entrusted to receive money on my account, and on account of the directors of the poor.
ELIZABETH DOBSON . On the 10th of January I paid the prisoner 1l. 5s. 6d.; on the 29th of January, 1l. 9s.; and on the 7th of March, 3l. 8s. 6d.—I have the receipts which he gave me—he signed them in my presence—I paid him on account of Mr. Hewett—I am in the cotton and rush line.
BENJAMIN HEWETT . It was the prisoner's duty to account to me the same day for money he received—about the 27th, I sent him for this money, with a receipt which I had written—he returned and said Mrs. Dobson was not at home—I said, "Give me the receipt, and I will call myself," but on the next day he absconded—on the 30th, I went to Mrs. Dobson, who shewed me the receipt—the prisoner was a pauper in the house, and had a weekly allowance for the work done.
Prisoner. I have not received my money, I took this money to pay some debts which I owed—there were some expenses attending my employ.
GUILTY . Aged 55.— Confined One Year.
JOHN BRAY (police-constable G 179.) On the 26th of April I met the prisoner, about five minutes past nine o'clock, in Clerkenwell-close—he had this bag on his shoulder—I asked, what he had in it—he said some old shoes, which he bought at Lambeth; that they were his property, and he was going to take them to Monmouth-street to sell—I took the bag, and found these shoes in it—he then said he bought them at Barnet, and then of a man on the Saturday night.
ROBERT GIBSON . I am a shoemaker, and live in Goswell-street.—These are my shoes, but I did not miss them until information came from the station-house—I had not sold them; if I had, they would have been worn—I never allowed my servants to carry any shoes on Sundays—the prisoner was my shopman between five and six years—I believe this to be his first offence.
GUILTY. Aged 20.—Recommended to mercy. — Confined Three Months.
JOHN MARTIN HAIGH . I am a pawnbroker, and live in Holywell-Iane. On the 5th of May, between four and five o'clock in the afternoon, I was in my shop, talking to a gentleman—I saw the prisoner taking down this waistcoat, which was fastened inside the door—I lifted up the flap, went to the door, and saw him running with it—he threw it down—I took it, and brought him back.
Prisoner. It is false; the property was thrown at me when I went along.
GUILTY . Aged 19.— Confined Three Months.
April he was sent with his own things and mine to be washed—he returned, and in the afternoon, I sent him with some hats—he got the money for them, and never returned.
GUILTY . Aged 24.— Confined One Month.
WILLIAM BARNARD . I am a policeman. I went to the prisoner's house in Lockwood's-court, Saffron-hill, and found this sheet there—she stated before the Magistrate that tome man had given it her on the Monday.
Prisoner's Defence. A person gave it me on the Monday.
NOT GUILTY .
OLD COURT.—Monday, May 18th, 1835.
Third Jury, before Mr. Sergeant Arabin.
GUILTY. Aged 20.— Judgment Respited.
Before Mr. Justice Park.
1288. ROBERT BANTIN and JOHN SHIELDS were indicted, for that they, on the 28th of April, 1 mould, upon which was impressed the figure and apparent resemblance of the obverse side of the King's current silver coin, called a Shilling, knowingly, and without lawful excuse, feloniously had in their custody and possession.—2nd COUNT, stating it to be the impresssion of the reverse side of a Shilling.
HON. MR. SCARLETT and MR. ELLIS conducted the Prosecution.
WILLIAM FORD . I am a policeman. On Tuesday night, the 28th of April, between twelve and one o'clock, I went to No. 16, Union-court, Orchard-street, Westminster—I saw a light in the parlour; and suspecting something was going on, I went through the passage of the next house, on to the wall, which is about four feet high; the window is about five feet from the ground—I stepped from that wall on to another wall, about a yard from the window—there was an old gown hung about half-way up the window—I could see from there what took place in the room—I could see over three-parts of the room—I saw Bantin with a plate, and a tin band in his hand, and a shilling on the plate—I heard Bantin say to a girl,
who was lying in bed, "What is this tied in such a d—d knot for?"—he took a knife from the mantel-piece, and cut a string off the tin band, and tied it afresh with another string—he placed the band on the plate, over the shilling; and I saw him take something white out of a cup, and pour it into the band, on the shilling—I communicated this to Banister, my inspector, at three o'clock in the morning—I went to the house again the same morning, at near ten o'clock, with Banister and Goose, a policeman—we went to the front-door in the court, which was bolted with one bolton the top—Banister and I forced the door—the bolt gave way, and it flew open—we went into the passage, and found the parlour-door fastened with a small bolt in the middle—the door broke asunder in the middle—the whole half of the door went in, and I could see what was in the parlour—I saw Bantin stooping, with the mould in his left-hand, and a tobacco-pipe in his righthand—he was pouring something from a tobacco-pipe into the mould—he was holding the mould in his hand, in a piece of rag—the whole door went in entirely in a moment, and he then looked round over his shoulder and saw me—he then dropped the tobacco-pipe—he then took the mould out of the rag, and broke it in pieces—he was going to rub it, but part of the metal came into his hand, which was hot, and he dropped it—I caught it, but could not hold it, and was obliged to let it fall—Banister forced him back on the bed—I kept the piece of the mould in my hand, and took this piece of spoon off the hob; it is the handle—I have part of a shilling which was in the mould; that is the hot metal which I spoke of—Bantin said, when Banister was keeping him back, "Ah, Ford, you may pick it up; that will of be no use to you"—he said, "Good luck to the little bolt, he has saved me this time"—I heard him say the same to Banister and Goose again.
SAMUEL BANISTER . I went with Ford and Goose, to Union-court—the first thing I saw on entering the room was the prisoner, Bantin, in a stooping position, as described by Ford, with something in his left hand, which he appeared to be crushing—he put it from one hand to the other, and tried to crumble it—he dropped it on the floor; and while he was in the act of stamping on it, I knocked him backwards on the bed—at the time he had the mould in his left hand he put something in the fire with his right hand, and partially upset a pipkin, which was on a strong fire with white metal in it, in a state of fusion—I attempted to take the pipkin away, but it was so very hot, I could not succeed at that moment—I afterwards saw Goose take it into his possession—I likewise saw Ford pick up the piece of mould, and the piece of white metal, which I believe to be part of a counterfeit shilling—on searching the room further, I found a file on the mantle-piece, with white metal in the teeth of it, and an iron spoon on a shelf in the corner of the room—a short distance from the fire, I found a box of plaster of Paris—I saw Goose find a tin band, and a new white metal spoon—I secured Bantin, and Goose arrested Shields, who was in the room smoking a pipe, when we went in—there was a female in the bed in the corner of the room, in a complete state of nudity—she jumped up in her fright, and had not even a shift on—Bantin said, "You have been looking after me a long time, but it is no pull this time"—I also heard him say, "Good luck to the little bolt, it has saved me this time."
ROBERT GOOSE . I am a policeman. I accompanied Banister and Ford—I found 4d. on Bantin—I took possession of a pipkin which was on the fire, with white metal in it, in a liquid state—on the hob was a new
metal spoon—on the mantle-shelf, a tin band with plaster of Paris round the inside of it—Bantin said, we had been after him a good while, but it was no pull this time.
JOHN FIELD . I am inspector of coin to His Majesty's Mint, and have been so some time. Here are some pieces of what appear to be part of a plaster of Paris mould for casting shillings; they are broken—I have put them together on this card—two pieces have parts of the impression of the obverse side of a shilling—there is very clearly the D and G, and this piece of white metal which is said to have fallen from the mould has also that impression on it; and there is also in the part of the mould a portion of the beading—here is some plaster of Paris in a box; the mould is made of a similar material—it must be mixed with water in order to form that mould—it is generally enclosed in the tin band, and then hardened—the process described by Ford is the process usually adopted to form a mould—this piece of a counterfeit shilling is made of white metal of a similar description to the metal spoon—this metal fuses at a very low heat—a file is used to remove any surplus metal round the coin after it is cast; and this file has white metal in the teeth of it—the pieee of shilling is the same description of metal as was in the pipkin; and the broken spoon is the same metal—it is Britannia metal.
Bantin's Defence. As to Ford's seeing me at half-past one o'clock at night, I was never in the house until two o'clock that night—he said he broke the street-door open, and it was bolted at the top; and after he broke the parlour-door open, he saw me pouring metal out; is it likely I should stay there doing that, when I heard the street door opened.
BANTIN— GUILTY . Aged 20.— Transported for Life.
SHIELDS— NOT GUILTY .
Before Mr. Justice Park.
1289. SAMUEL SILK was indicted for stealing, on the 22d of April, 4 unfinished hats, value 2l., the goods of Thomas Christy and others, his masters: and MARK MARKS and JAMES DAVIES , for feloniously receiving the same, well knowing them to have been stolen; against, the Statute, &c.
EDWARD JACKSON . I am foreman to Mr. Thomas Christy and others, hat-manufacturers, in Gracechurch-street. The manufactory is in Bermondsey-street—Silk was in their employ for about six months—I discovered a deficiency in the stock of hats about three months ago—I know the other two prisoners; Marks is a hat-manufacturer in High-street, St. Giles's, and Davies is his foreman—in consequence of information, I went in company with a policeman to the house of Marks, on the 4th of May; he was not at home—I saw Davies at the end of Crown-street—I had been to the house, and inquired for Davies—a shopman went to look after him, and he came to me at the end of Crown-street, which is at the corner of High-street—I asked him if he knew two persons, who I named—he said he knew them, and asked me what was the matter—I told him they were in a little trouble, and asked him if the two persons I named had been there selling some hats to Mr. Marks—he said, "No, not at all"—he said, that he and Marks did not do any thing in that way, for he would not allow it—I told him he must tell me the truth, and said, I had
heard that they had—he then said, they had not been there for the last three or four months—I asked him to let me look at the quality-marks of their hats, which is a ferrit mark inside—he said he could not do that—I saw Marks the same evening, in company with Davies, at the door of a coffee-shop—I asked Marks whether any persons had been to him selling him some hats—he said "Yes," he had bought hats of them—I asked him if he would allow mo to look at the stuff-hats in his shop—he said yes, he had no objection—he said he did not trouble his head about the quality-marks—in crossing to his shop he said, he always gave nine or ten-shillings and upwards, according to the quality—we went into the shop—Marks and Davies went to the other end of the shop, whispering together—we all three went into a parlour adjoining the shop—a hat was produced—I did not know it—he brought ten more hats afterwards which I knew—they have various marks upon them, by which I knew them, and likewise the quality-mark—a constable was with me—when I recognised the first hat, I gave a signal, and the constable came in—I gave them all to the constable—I went again on the 11th of May, with the same policeman, and found three hats which I knew, and took away—they were in the usual state for sale, trimmed.
Cross-examined by MR. PHILLIPS. Q. Did not Davies say he could not let you look at the stock, as his master was away? A. He did not say any thing of the kind—when I saw Marks, he made no objection—I did not look over four or five dozen hats—they brought them to me—I suppose they brought thirty to me—they had a good stock—if Marks had any idea that the three last hats had been improperly come by, he had a week to get rid of them.
JOHN M'CRAW . I am a policeman. I went to Mark's shop with Jackson—they produced a great many hats—I brought away eleven of them, and have them here—I asked Marks if he knew Silk and Allden—he stated that he did; he had bought hats of them—that the last he bought of Silk, was about a fortnight before—he had known Silk for a number of years, and considered him a manufacturer of hats, and Allden his man, and he had given 9s. 6d. or 10s. each for them—among the eleven hats, there were two holes in the crown of one—I said to Davies, "Is that a regular way to purchase a hat of a manufacturer?"—he said no, he did not know that it was, and it had been done with steaming—I went again the second day, and got three more hats.
Cross-examined. Q. Jackson was with you, and heard all that passed? A. Yes.
JOHN BROWN . I am a cab-proprietor. About three weeks ago, I was at London-bridge stand; about half-past seven o'clock in the evening, on the Surrey side—Silk and Allden came to engage my cab—I did not know them before—I am quite certain of them—they got into my cab, and told me to go to the end of Crown-street, St. Giles's—they had a small bundle in a handkerchief—Silk carried it—I took them to the end of Crown-street—Silk got out of the cab, and went into Mark's shop—Allden continued in the cab, and asked me to have something to drink—Silk came out of the shop several times, and at last came into the cab again—he had no bundle then—they went to a dram-shop in Tottenham-court-road—I had something to drink with them—they continued there about four hours—it was twelve o'clock when I got home—we were not drinking all that time—he went several times backwards and forwards to Mark's shop—we went to another dram shop in Holborn, after leaving Tottenham-court-
road, and there Silk gave Allden a sovereign, and told him to go into the gin-shop to get change—we did not drink there—he brought back 19s. 6d., and said he had had something to drink with the other 6d.—I then went over Waterloo-bridge to the Coburg theatre, and there I sat Allden down, and took Silk home—he gave me a crown.
Cross-examined by MR. JONES. Q. How long was Silk in your sight at any one time that evening? A. Half an hour, not more—it was about dusk when they engaged my cab.
CHARLES ALLDEN . I am now in custody. I was in the employ of Messrs. Christy, hat manufacturers, Bermondsey—I recollect being in their workshop some time ago, when Silk was there—he said we might fold four hats, and take them home to his house—he folded them himself, and took them to his house himself—he steamed them, which makes them soft, so that they will fold in a small compass—it would require to put them over the steam to open them again, to make them saleable—he put two into his bosom, and two into his hat—I went to his house that evening—he steamed them between seven and eight o'clock in the evening—I do not know the name of the street he lives in—we went as far as St. Thomas'a-hospital gates, and took Brown's cab—we had four hats in a handkerchief—we went to the corner of Crown-street, St. Giles's—I was left in the cab, and Silk went to Marks's—he returned two or three times, and said Marks was not at home—he at last came and fetched the handkerchief with the hats in it—we continued in the cab—the last time he came out of Marks's, he came away without the bundle—we stopped and had something to drink at a public-house, at the corner of Crown-street, Tottenham-court-road—we continued there, not a great while, and then went to a public-house in High-street, St. Giles's, and then had something to drink—he went to the door with me, but I do not think he got out—I changed a sovereign there, I think, but I will not say—the public-house was below Monmouth-street—we than drove down Drury-lane, over Waterloo-bridge, to the Victoria theatre—neither of us went into the theatre—I got out there—I think the theatre was not open at all at that time—the cab went on to Snow's-fields—I heard Silk tell the man to drive that way—he lives down that way.
Cross-examined by MR. JONES. Q. You have come out of Newgate? A. Yes; it is the first time I have been in prison—I was never in custody before, nor ever charged with any offence before—I have been in the employ of Mr. Moore, in Bond-street, the army accoutrement-maker—I worked for him twice—he lent me to Mr. Wilson, of St. Martin's-lane—I was never charged by Mr. Moore with robbing him—I was not discharged for robbing him—I never heard of Mr. Jackson charging me with taking improper entries in Mr. Christy's books, nor any thing of the kind—it was about half-past four o'clock when we left the shop, on the evening in question, as near as I can recollect—the shop is in Bermondsey, about five minutes' walk from St. Thomas's-hospital gates—I was taken into custody this night fortnight—two hats were then found on me belonging to the prosecutor.
THOMAS WILLIAMSON . I am foreman to the prosecutors. I know these hats to be their property—in an unfinished state my employers would sell them for 13s. 6d. or 14s.—if complete, they would be worth about 25s. or 26s.
Cross-examined by MR. PHIILIPS. Q. Did you put a value on them at the office? A. Yes; at about 9s. unfinished; but I was not examined on Marks's case—those hats were not in the same state as these (looking at
some)—11s. would not be a good price for these hats, unfinished—I could not buy them at any manufacturers in London at that price.
COURT. Q. Were they stiff when lost? A. Stiffened—steaming would soften them, and make them fold up.
JURY. Q. Were there marks in this hat at the time? A. Yes; we do not sell them in this rough state—there is always a mark on them.
MR. PHILLIPS. Q. There is no mark by which a stranger to Mr. Christy would know it was his hat? A. No; a manufacturer would buy them in the state they are now to sell again, but not wet and folded up—they do not come up wet from the country; they come up dry, and folded in a very different manner.
Silk's Defence. This day fortnight I left the manufactory some time after Allden—he had been steaming nearly all day, over the copper—some time after I went to take a pint of porter in King-street, Snow's-fields—I had been home and back again three quarters of an hour—I then found four hats concealed in my hat—Mr. Christy came into the shop, and I threw those hats out of my hat, feeling confused—Mr. Christy's men can prove they saw Allden conceal the hats in mine; and two hats were found concealed in his own hat—I could have thrown them any where to get rid of them—I was away from the premises for three quarters of an hour.
Mark's Defence. I have known Silk for five or six years as a manufacturer, who has been in business for himself, and kept workmen and apprentices—I have bought hats of him, off and on, sir years—I always considered them his own hats—we gave him orders, and he brought things corresponding to the orders—I never had the least idea he had dishonestly obtained hats, which it seems he has done for the last few months.
RICHARD BROWN . I am a silk hat-manufacturer. I know Silk—I have dealt with him many times as a manufacturer of hats—I have lately left off dealing with him, my brother-in-law being a manufacturer—I know Marks perfectly well, he always bore a very respectable character as a tradesman.
Q. Look at one of those unfinished hats; for a manufacturer to buy of another to make up and sell again, what should you consider a fair price A. I am not exactly acquainted with the quality of stuff hats, being a silk manufacturer; but I have had such hats frequently offered for sale by manufactures at 8s. or 10s.—there is a considerable profit, I believe, on stuff hats.
MR. BODKIN. Q. Where was Silk's manufactory? A. In Webber-street, New-cut—I have been there many times—I have seen one man making and another finishing, besides himself—I have not been there for two years—I have dealt with him from fifteen to thirty or forty times—I have not purchased hats from him wet and crnmpled up—I never had hats in that state offered for sale—the price of beaver hats varies very much—the same quality even varies considerably in price.
MR. JONES. Q. How long have you known Silk? A. About twelve years—I have known him as a manufacturer about eight years—I never heard him charged with any thing of this sort before—he bore an honest character, as far as I heard.
GEORGE LLOYD . I am a hatter, and live in Upper Cleveland-street, Fitzroy-square. I was in Mark's employ upwards of twelve months, three years ago—I knew Silk as a hatter—I always considered him as a master, as keeping a shop—I have seen him at Marks's, with goods to sell—not very often—he had beaver hats unfinished, just as they came from the die—
sometimes he brought them in a string, sometimes in a handkerchief, but not doubled up—I have seen others bring hats doubled up and folded in a handkerchief—Marks lived where he does now when I lived with him—he had two shops in High-street—I defy any man to judge the value of stuff hats within 1s. 6d. or 2s.—this hat is damaged (looking at one)—in our neighbourhood we are obliged to buy cheap—I would not give more than 10s. or 10s. 6d. for it at the utmost—this other hat is perfect—I would not give more than 10s. for it—this other is better, and I might go as far as 11s. for it in St. Giles's, but not more—I have known Marks six or seven years—I never heard any thing against him—Davies was his shopman, and worked with me; he bore an honest character.
MR. BODKIN. Q. Did Marks carry on the business in the same premises and to the same extent as now, when you were with him? A. I think he has done more business lately; but he lived at the same place—he bought beaver hats of Mr. Davis, and of one Law—sometimes their hats were brought in bags, just as the bulk suited them—by steaming hats they will go into a small compass—they are frequently folded in flats to send from London to the country finishers—I never saw hats crumpled up at Marks's—hats in St. Giles's very seldom fetch more than one guinea each—many houses profess to sell the best at 17s.—some at 26s.; but the major part of the trade sell them for about a guinea—no man with any brains would buy a hat crumpled up in this way—he could not tell whether it was injured or not.
MR. ADOLPHUS. Q. Before a hat sells for 21s., I suppose a great deal more is done to it? A. Yes; there is the finishing which amounts to 1s. 6d., and the trimming.
THOMAS HARRISON . I am a hatter; and live in Compton-street, Soho. I have known Silk for years, as a hat-manufacturer—I have dealt with him as such repeatedly—I have known Marks fourteen or fifteen years—he always bore a highly honourable character—I have known Davies as his foreman.
MR. JONES. Q. How recently have you known Silk as a manufacturer? A. The last transaction I had with him was within two months—it is about five or six years since I knew him in Webber-street—I have two hats here which I bought of him the week preceding Easter.
MR. BODKIN. Q. It is six years since you had any transactions with him, till lately? A. Yes; it is since he has been in custody that I understood he was a journeyman—I believed him still to be a manufacturer—he never brought me any hats in this crumpled state—I should not have bought them in that state—it is common to fold them, but this is crumpled in—I should look at a hat in that state with suspicion.
JOHN LAW . I am a hatter in King's-bench-walk, Southwark. I have sold Marks hats for the last four years—I sometimes sent them folded, and sometimes blocked in the hood—I have never sold any exactly in this state—I have seen Silk, but never deak with him; he was a master hatter when I knew him two years ago—I lately heard of his being a journeyman.
MR. BODKIN. Q. Do not you know that a folded hat is a very different thing to what you now hold in your hand? A. Certainly; if it is folded warm in the hot steam you may fold it up any how; after it gets cold we get it out again by putting it on the steam again—there would be no necessity to crumple four hats up to take two miles, except he had somewhere else to go, and did not wish the hats to be cumbersome.
Southwark. I have dealt with Marks—I have sold him what are called unfinished bodies—sometimes they were taken flat, and sometimes otherwise—they were 10s., 10s. 6d., and 9s. 6d., and the coarsest 8s. 6d.—I have taken them to him in small parcels, a few at a time—I knew Silk as a master hatter, by the Coburg theatre.
MR. BODKIN. Q. How long ago is that? A. Five or six years ago—this hat is what I call an unfinished body—this would be 11s. or 12s.—this is the form in which I sell a folded hat (looking at another)—I have not any in this form—this appears a pretty finish quality—steaming it and crumpling it up would not injure it—it is done to pack it close, if it is going into the country, then we always send them that way, but not to send them about town—I have not put hats in that form to send to customers in London.
MR. ADOLPHUS. Q. When a hat is packed in that smaller form is it a halfpenny the worse for it? A. No; I have packed them so for the country, and have known them returned from the country packed in that way.
WOOLF COLLINS . I am a batter, and live in Crown-street, St. Giles's. Davies lives in the same house—on Wednesday evening, the 22nd of April, I was at home—Davies was there between nine and ten o'clock at nigh—he had burnt his leg on Easter Sunday, and was in bed—I saw him in bed.
PRISCILLA COLLINS . I am the wife of the last witness. On the Wednesday in Easter week I was at home all day—I saw Davies in the morning, and he went to work, but very much unable—he had burnt his foot on Easter Sunday—he was at home on Monday and Tuesday, and about five o'clock on Wednesday afternoon, he came home and went to bed—his wife advised him to go to bed, and so did I—I am positive he was not out the rest of the night, for I dressed his foot—my husband saw him before ten o'clock.
(Several witnesses gave Marks an excellent character.)
SILK— GUILTY .— Transported for Fourteen Years.
MARKS— NOT GUILTY.—DAVIES— NOT GUILTY .
Second Jury, before Mr. Recorder.
1290. ELIZABETH ROUSE and MARGARET DONOVAN were indicted for stealing, on the 11th of April, at St. Giles-in-the-fields, 46 sovereigns; 1 coat, value 30s.; 1 pair of breeches, value 10s.; 1 waistcoat, value 5s.; 1 pair of shoes, value 4s.; 1 hat, value 10s.; 1 pair of stockings, value 1s.; 1 watch, value 30s.; 1 watch-guard, value 1s.; 1 watch-chain, value 6d.; the goods of Thomas Griffiths; and 16 promissory notes, value 5l. each; the property of the said Thomas Griffiths, in the dwelling-house of John Cormack; and JAMES EGAN for feloniously receiving 9 sovereigns, part of the said monies, well knowing the same to have been stolen.
THOMAS GRIFFITHS . I have been a cattle-drover, and live in Valentine-place, Blackfriars-road. On Friday, the 10th of April, about eleven o'clock at night, I was in High-street, St. Giles's, and met the prisoners, Rouse and Donovan—I was sober—they stopped me and wished me to go with them to their lodging—I was unwilling, but went with them both to No. 11, Church-street—they said they lodged there—I went to bed with them both, we were all undressed—about one o'clock a person named Asserton came into the room for the rent—I left my watch in my fob, and put my breeches under the pillow—I had forty-six sovereigns in my fob—I saved some in service and got the rest by dealing in cattle and
horses—I had come to London from Wales, on the 8th of April, and brought the money with the intention of buying a milk walk—I had one half-crown and sixteen five-pound notes of the Llanpeder Bank, in South Wales—I had the notes in the lining of the waistband of my breeches—I did not tell the prisoners that—I awoke about five o'clock in the morning—I found the women gone, and missed my breeches and every thing I had, I went out into the street and saw a policeman—I was then in my shirt—the room-door was bolted—nobody could bave come in while we were in bed—I saw the prisoners in the station-house on the 12th, which was the second day after the robbery—my watch was an old-fashioned silver one, worth 30s.—I lost a suit of clothes, a hat and shoes, worth about 3l. altogether.
WILLIAM FORD (police-constable B 92.) I apprehended Rouse in Union-court, Westminster, about two o'clock in the morning, on the 12th of April—I saw Egan with her—they came out of Orchard-street together down the court—they went into No. 8, at the bottom of the court—Oakley the inspector was with me—I heard Rouse say, "That is Mr. Oakley"—they then both dashed into No. 8, and I followed them—Egan ran into the privy, and Rouse stood against the wall—I taw Donovan at the same time run across the court into No. 11—I found Egan and Rouse in the back-yard of No. 8—I caught hold of Egan, and asked what he ran into there for, he said, to ease himself, to be sure—I said, "I think it is not for that purpose only"—I brought him into the front parlour, and said I should search him—he said, he should search himself—he pulled out nine sovereigns, a half-crown, and threepence—I asked where he got that money, he said, it was his own—I found a new handkerchief in his pocket—as I took Donovan to the watch-house, she said, the handkerchief I had found on Egan was her property which she had had in pawn and she had taken it out with some of the Welshman's money; and she said the four sovereigns Egan had got were four sovereigns he had given to his girl, and she had given it to him, and that the other nine sovereigns he had received from Rouse to make away with—she said she had ten sovereigns of the Welshman's money left, and had given four sovereigns to a girl named Conden; one sovereign she had laid out for a shawl and a pair of stockings for herself, and a shawl for Egan's girl—she said she had bought some clothes for herself, and the money she had left she spent in that way—I asked her what she had done with the rest?—she said, she had got some—five sovereigns fell from under her clothes in the street—she said, if I would let her go to St. Giles's, she would show me where they put the clothes which they took from the prosecutor—I went with her to No. 14, Buckeridge-street, to a room, and found nothing but a bonnet—I have found some of the prosecutor's clothes to-day—a man who was tried in the New-court to-day, named Bryan, I thought had some of them on, and I took the prosecutor, who identified his coat—this was in consequence of information.
JOSEPH CLEMENTS (police-constable E 102.) I was in Union-court with Ford. I saw Donovan and Conden go into No. 11—I followed them, and took Donovan—I said to her "You have got quite flush lately in new clothes"—she said, "Yes, I bought these clothes ont of my part of the money that was taken from the Welshman"—Rouse and Egan were brought to the same station-house—Rouse stated to me that she had laid out all her part of the Welshman's money in new clothes—I went to No. 8, Union-court, it is M'Laren's house—the prisoners lodged
there then—Rouse and Donovan had taken a room, as I was given to understand—I never saw them there before—I saw Egan coming down the court with Rouse, on the morning of the 12th, and go in there to No. 8—they went into the back yard—I found a coat and waistcoat belonging to Egan there, on the Monday following—he said, he had an old coat and waistcoat in his room, but he did not say which room it was—I also found some old clothes in the same room which belonged to Donovan and Rouse—I knew them to be the clothes Donovan and Rouse wore before that, I had seen them on my beat.
Egan. The room in Union-court is not mine.
JOHN BOOTH (police-constable B 32.) I found some beads on Rouse—I asked her how she got them—she said she gave 2s. for them out of the Welshman's money—I said, "Is that all you got?"—she said, "Yes"—I said, "What have you done with the other money?"—she said, "I have laid it out"—I said, "How much have you got?"—she said five or six sovereigns, and that she knew nothing of the notes.
JOHN CLANCEY . I lire at No. 11, Church-street, St. Giles's. Mr. John Cormack keeps the house—it is in the parish of St. Giles'-in-the-fields—I recollect going into the back-room, No. 9—the female prisoners were there, and the prosecutor—it was at one o'clock.
WILLIAM FORD re-examined. I have known Egan some time, living with a girl of the town in the back-room of No. 8, Union-court—I have had occasion to search the house several times, and found him occupying the room—I saw him there about a week before this transaction, and several times before.
JOHN BOOTH re-examined. On Saturday morning, I took Egan's girl's brother for stealing flower-pots from Covent-garden, and about half-past four o'clock I went to search Egan's room, and his girl and himself were both asleep—I knocked at the door—his girl got up and opened the door—I searched the place—he was in bed, and had his clothes on a chair close to the bed—I said, "I have taken your girl's brother for stealing flower-pots"—I have known Egan living in that back-room at No. 8, for six or seven weeks.
Donovan's Defence. I bought nothing out of the money—I delivered up six sovereigns—it was not us that robbed him—the two girls that robbed him are Eliza Weatherall and another, whose name I do not know; and they gave us this money—Oakley knows it to be true—they gave us part of the money—we did not know that it was stolen.
Rouse's Defence. The young girl gave us the money.
Egan's Defence. It was my own money that was found on me—it was given to me by my father two months before—I did not occupy the room in Union-court—it is the girl, Jane Conden, who is not in custody.
Prisoner Donovan. He was beastly tipsy when he came up and spoke to us there were four of us together, but he was not in our room—two girls came to the door after we left.
ROUSE— GUILTY . Aged 18.
DONOVAN— GUILTY . Aged 15.
Transported for Life.
EGAN— GUILTY . Aged 18.— Transported for Fourteen Years.
Mr. Clarkson conducted the Prosecution.
ALFRED ROSLING . I am a timber-merchant and was proprietor of sawmills, at Hackney, but they have since been burnt down. The prisoner was in my service about twelve months—his duty was to take orders, and receive cash—it was his duty to pay over every evening the cash received of London customers—Kewell was my principal clerk—the prisoner used to give me the amounts he received, and I used to enter them in the cash-book in his presence, on the day on which he received them from the customers—I gave the customers credit for the amounts—Thompson, of Carnaby-street, was a customer—on the 26th of March, the prisoner did not account to me for 2l. due from Thompson—he has never accounted for it—he did not account to me for 4l. 7s., on the 9th of April, from Batista, Moltine, and Co., of Baldwin's-gardens—he has never accounted for it—he never accounted for 17s. received from Trayler, of Bloomsbury-market—in consequence of certain discoveries which I made, I charged him with this—he was afterwards taken into custody—I have my books here.
Cross-examined by MR. BODKIN. Q. I suppose you ascertained that he bore a good character? A. I did—I have no entry about Thompson on the 26th of March—the entry would be made by me or Kewell—the prisoner was not called upon to put his initials to the book to signify that the entries were, correct—he used to add up the turn total with me, and if it did not agree, reference was made to it—he had his order-book, in which he made entries;—he had delivered that up to me—I have not brought it here—I never thought it necessary—that is the book from which he made his original entries, and communicated the result to me—there is an entry on the 24th, of 2l. from Thompson, and two days before, there is an entry of Thompson's—it was an amount paid by instalments—he has not accounted for 4l. at one time, from Thompson.
Q. Do you know that he has, in some instances, lent customers money to pay your balances, in order to get a fresh order from them? A. I have ascertained, since he has been in, custody, that he has lent my money to them—he has received my money of one customer, and lent it to another to take up a bill, to my prejudice—he advanced 2l. 10s. to Mr. Berkley, to take up a bill of 22l. 5s. 11d.—I understand from, the prisoner that that was out of 4l. received from Batista and Co.—the 17s. from Trayler, is a balance of an account of 9l. 17s.—I think he once paid me 14s. more than he had received from a Mr. Salter.
MR. CLARKSON. Q. Had he authority from you to apply money which received from one customer to assist another iu making payments? A. Certainly not; I should not have allowed it—he never paid 4l. from Thompson in one payment.
9th of March 4l.—I did not pay him any sum on the 24th—this account is in his hand-writing, acknowledging the receipt.
JOHN KEWELL . I was clerk to Mr. Rosling in March—the prisoner did not account to me for 2l. received from Thompson on the 26th of March, nor 4l. 7s. from Batista and Co., on the 9th of April; or 17s. from Trayler, on the 25th of April.
Cross-examined. Q. Had he a book from which he accounted? A. He had; he made no entry himself in any other book.
ALFRED ROSLING re-examined. Q. The entries made in the book produced were made in his presence, at the time he gave the account? A. He was present, and might have seen the entries if he had looked—they were made from his calling over—I added them up in my book—he added them up in his book, and the sum total was compared.
JOSEPH WANSEY ROWLING . I am a looking-glass-maker, in partnership with Batista and Co., and live in Baldwins-gardens. We bought goods of the prosecutor—on the 9th of April I owed him 4l. 7s., which I paid to the prisoner that day—he wrote me a receipt for it, which I produce—I paid him myself between ten and eleven o'clock in the morning.
JOSEPH TRAYLER . I live in Bloomsbury-market. On the 25th of April I owed Mr. Rosling a balance of 17s., on account of a bill of 9l. 17s.—I paid the 17s. to the prisoner on the 25th of April (the three receipts were here read.)
Prisoner's Defence. There may be some error in the dates; if it shall appear so I shall be happy for it—I lost my purse the very day the prosecutor gave me into custody—I had not any opportunity of making the balance up, which was due to him—there was no intention on my part of embezzlement.
(—Nicholls, carpenter, 25, Aldermanbury; James Hill, carpenter, Hill-street, Finsbury; James Salter, box-maker, New Nicholl-street, Bethnalgreen; and Thomas Denvil, tobacconist, Hackney; gave the prisoner a good character.
GUILTY. Aged 37.—Recommended to mercy — Confined Six Months.
1292. JAMES GOODY and CHARLES CLARKE were indicted for stealing, on the 8th of May, 1 handkerchief, value 2s., the goods of a certain man named Porteous, from his person.—2nd COUNT, stating it to be the goods of a man whose name is unknown.
ROBERT GOOSE (police-constable B 55.) On the afternoon of the 8th of May, I was in Chancery-lane, about half-past four o'clock—I saw the prisoners together—I saw Goody lay hold of agentleman's pocket—they turned towards the Strand—Goody then put his hand into another gentleman's pocket, but I could not get across without their seeing me—they got through Temple-bar into the Strand—a young gentleman passed—Clarke passed him, put his hand up about the height of his throat, and Goody immediately drew a handkerchief out of the gentleman's pocket—the gentleman put his name down in my book as Porteous, or something like that—I have never ascertained correctly his Christian or surname—when Goody drew the handkerchief, Clarke received it from him, and crossed the road—I crossed the road—the gentleman followed Goody up a court, and I followed him as well; when I got up the court, I lost Goody—I afterwards secured them both, I searched them, and found five handkerchiefs in Goody's hat, and one in his breast, which was the one I had seen taken from the gentleman—they had been sitting at a door in Shire-lane together.
Cross-examined. by MR. DOANE. A. You first saw them in the City?
A. Yes, but I could not gee so well there, as there were so many carriages; but I crossed when I was in the Strand, and saw them for some time—I did not think I had power to take them in the City—when they got through the Bar they were getting the handkerchief from the gentleman's pocket—I had crossed part of the road—I lost sight of them five minutes after they got the handkerchief—I was in my police clothes, and if I had run they would have run too—I found them in Shire-lane, in the City—I did not take them then—I stood at the bottom—I did not pass them—I was twenty yards from them—I took them about five minutes afterwards—one of them went into a house and came out again—I have always said I took the handkerchief from Goody—I never said I found it on Clarke—I have been examined twice—I am certain this is the handkerchief they took—it was a different colour from the rest.
Clarke's Defence. On the 8th of April, I was returning from Paternoster-row up Chancery-lane, and met Goody—we had been school-mates—I tapped him on the shoulder, and asked him if his name was not Goody; he said, "Yes"—I knew him when in St. James's school—as we were walking up Chancery lane, the policeman tapped us on the shoulder, and said he wanted us—he found nothing on me.
Goody. The statement is entirely false.
(Daniel Foster, Drury-lane, and James Dickens, smith, 28, North-street, Lisson-grove, gave the prisoner Goody a good character.
GOODY— GUILTY . † Aged 21.
CLARKE— GUILTY . Aged 19.
Transported for Seven Years.
NEW COURT, Monday, May 18, 1835.
Sixth Jury, before Mr. Common Sergeant.
1293. JOSEPH TYLER was indicted for stealing, on the 11th of May, 1 watch value 1l.; 1 seal, value 7s.; 1 watch-key, value 5s.; 1 brooch, value 5s.; and 1 handkerchief, value 1s.; the goods of Thomas Upton.
MARY UPTON . I am the wife of Thomas Upton, and live in Wilmot-street, Bloomsbury. I went down stairs on the 11th of May, and found the prisoner in the shop—he asked if I could tell him of a situation—I said I could not—I went into the parlour, and missed this watch; I had seen it about half an hour before—the prisoner was then standing in the shop—I followed, seeing him run out into the street—he was taken at the top of Woburn-place—I had a brooch lying on the mantel-piece, near the watch; when I came up to him, he gave me the brooch out of his pocket—I saw the watch in some person's hand—this is the watch and brooch.
CHARLES JUDD . I am a bricklayer. I live in Speldhurst-street—I heard a cry of "Stop thief!" and saw the prisoner running; he tried to put something into a boy's pocket, who was carrying milk pails—I went after him into Bedford-place, and there he thrust something into a heap, of sand—I went to the same spot, and found this watch.
Prisoner's Defence. I saw the watch on the mantel-piece, and being in great distress, was tempted to take it.
GUILTY . Aged 20.— Confined Six Months.
it was his duty to go round to the customers to receive money, if the bills were paid, and to pay it to me—he never paid me 12s. 4 1/2 d. received from Mrs. Ball.
Prisoner. I paid you two separate half-crowns, as part of the bill. Witness. You paid me 2s. 6d.; and about a fortnight afterwards, another half-crown.
HANNAH BALL . I paid the prisoner 12s. 4 1/2 d., which was the whole of the bill—I have the bill in my hand; he wrote the receipt, "H. Kent," on it—there was no date on it, but it was paid on the 23rd of March.
GEORGE H. BRETT re-examined. I did not receive this 12s. 4 1/2 d. on the 23rd of March—I received two half-crowns at separate times after that date; the prisoner said that that was all that Mrs. Ball had paid—I never allowed the prisoner to keep any money in his hands; it was his duty to pay it at the time.
MR. BRETT. I never received that shilling.
Prisoner's Defence. I had been out of place for some months—I put this money into my pocket, and when I got home, half a sovereign was missing—I intended to pay him half-a-crown a week, which was as much as I could spare out of my wages, which were only 15s. a week—he discharged me without notice.
(The prisoner received a good character).
GUILTY. Aged 25.—Recommended to mercy by the Prosecutor.
Confined Three Months.
ESTHER TIBBY . I live in Long Acre, opposite Mr. Turner's house—I am in the service of Mr. Witridge. On the 7th of May, I saw the prisoner take a knife out of his pocket, cut down the fire-irons, and go off with them—I am sure he is the man—on the Saturday following, I saw him lurking about the shop, and gave information—I am sure of his person; he was lurking about the house for two hours before he cut the string.
GUILTY . Aged 25.— Confined Three Months.
HON. MR. SCARLETT conducted the Prosecution.
MARY CHURCH . I am shopwoman to Mr. Darby, a draper, who live in High-street, Islington. On the 20th of April, between two and three o'clock, the prisoner came to buy a pair of stockings, which came to 1s. 1d.—I served her—the gave me a five-shilling piece, which I perceived to be bad—Igave it to Mr. Darby.
WILLIAM DARBY . I was present when the witness served the prisoner—I saw her offer the crown-piece, and she gave it to me—I examined it, and asked the prisoner if she had any more money to pay for the stockings she said, "No"—I kept the crown, and marked it before I put into my pocket—I kept it till the officer called.
CHARLES JOHNSON . I live in Chiswell-street, and am a hosier. On the 20th of April, between seven and eight o'clock in the evening, the prisoner came and purchased a shirt for 2s.—she gave a bad crown-piece—I taxed
her with it—she said she got it of her husband—I called the policeman—I marked the crown, and gave it to him—the prisoner was very trouble-some, and defied the officer to take her—she said they could not prove her a smasher, and if they could, they could only give her seven years.
Prisoner. I never had the shirt—you said you could prove me a smasher. Witness. Yes; I gave the shirt into your hands—I asked if your husband made the money—you said, "No."
GEORGE GLADWELL (police-constable G 23.) I was on duty in Chiswell-street, and received this crown from Johnson. I took the prisoner—Mr. Johnson asked me if I knew her—I said I believed I did—I told her she must go to the station—she said she would not; but with the assistance of another person I got her there—when we got there she said, "Deep as you are, I have got rid of some of it now"—she told me I might go to Mr. Darby, as she knew he would not appear against her, but he stuck to the bull—I found on her this piece of calico, and some ribbon.
MR. POWELL. I am one of the inspectors of coin to his Majesty's Mint. These are both counterfeit, and cast in the same mould.
GUILTY . Aged 21.— Confined Two Years.
EMMA FRANCES CLARKE . I am the daughter of Sarah Page, who keeps a chandler's shop, in Long-alley. On the 29th of April, at half-past nine o'clock in the evening, the prisoner came, and asked for a farthing's worth of matches—she gave me a penny-piece—I gave her three farthings change—I took the penny-piece to my mother, and saw her put it on the shelf—she took it from there when the officer came.
JOHN CONNER (police-constable C 51.) I received this penny-piecte of Page—I then received these other seven pennies—I found on the prisoner thirty-three farthings, twenty halfpence, one penny, nineteen bundles of matches, one turnip, two bundles of wood, a leek, a bunch of radishes, and some other things.
THOMAS FOY . I am a green-grocer, and live in Long-alley. This prisoner came to my shop on the 29th of April, for a farthing's worth of onions, and gave me a penny—I gave her three farthings change—I kept the penny-piece in my hand, which she gave me, till I saw her go into a shop opposite—this is the penny-piece she gave me.
MR. POWELL. These penny-pieces are all bad; they are made of lead, and coloured with blue vitriol.
GUILTY . Aged 21.— Confined Six Months.
ELIZABETH RHODES . I am the wife of Charles Rhodes: he keeps the Coal-hole public-house, in Fountain-court, Strand. On the 14th of April, the prisoners came in—Davis called for a glass of ale, which came to 2d.—he gave me a good crown-piece—I was about to give him change, and he said, "I think I have halfpence enough"—I put the crown down on the bar door—he took it up, and pulled out two or three halfpence, and asked his friend Austin if he had any halfpence—he said he had not—he then said, "I must trouble you for change, now," and gave me a bad crown-piece—I said, "You are trying it on"—I gave it to my brother-in-law.
Cross-examined by MR. DOANE. Q. What time was this? A. Between three and four o'clock—I kept the first crown-piece in my hand—I had not sufficient change in the till—Davis put the first crown into his pocket again—I did not put any mark on the second crown, before I gave it to my brother.
WILLIAM RHODES . I am the proseeutrix's brother-in-law. I received the bad crown from her, and sent the waiter for an officer—I detained the prisoners in the passage—they said such a thing as me could not prevent them from going out—I said I should try to do it—their demeanour was very violent—I called my brother, who came—I had the crown in my left hand, and I showed it to my brother—Davis snatched it out'of my hand, and made a violent resistance to get away; he gave it to Austin, who went back into the coffee-room, and my brother saw him throw it under a box—they used dreadful language.
Cross-examined. Q. Was not this violent demeanour after you had charged them with this? A. Yes.
JOHN RHODES . I went to help my brother—I found the prisoners in the passage—my brother said these men had been passing a bad five-shilling-piece—he was showing it to me, and Davis snatched it from his hand, and passed it to Austin, who went into the coffee-room, and threw it under a box—the prisoners tried to get away, but we secured them—I told the officer where the crown was—the prisoners both said it was not bad.
ALEXANDER THOMAS . I am a street-keeper. I went to Rhodes's, and found the prisoners detained there—John Rhodes said in their presence that Davis had thrown the money down—I had a candle, and found this crown under the seat—I marked it, and gave it to the policeman.
RICHARD MOORE (police-constable F 80.) I received this crown-piece from Thomas—I searched Austin—he swore I should not search him—I found on him a good crown-piece and two good shillings—Austin said, in going to the station, "We shall be discharged on Monday, as there is only one piece found."
MR. POWELL. This crown is a counterfeit.
(Thomas Rowland, a tailor, of Bartholomew-close, gave Davis a good character.)
DAVIS— GUILTY . Aged 25.— Confined Three Months.
AUSTIN— GUILTY . Aged 32.— Confined One Year.
ELIZABETH SCADDING . My husband keeps an eating-house, in Lisson-grove. On the 25th of March, the prisoner came between half-past nine and ten o'clock at night for a quarter of a pound of fresh butter, which came to 3 1/2 d.—he offered me a bad half-crown—I said it was bad—he told me to sound it, and I should find it good—I called my husband—he looked
at it, and gave it back to me—it was then given to the officer who took the prisoner.
Cross-examined by MR. DUNBAR. Q. Why did you give it to your husband? A. To be convinced that it was bad—the prisoner did not attempt to get out of the shop then; he did afterwards, when we talked of taking him into custody—there is a good gas-light in my shop.
EDWARD JONES . I am a police-sergeant. I was called, and the prisoner was given into my custody—I received this half-crown from Mr. Scadding—the prisoner was discharged the next day—he gave his name at George Mack—there was no money found on him.
Cross-examined. Q. Is not this such a piece of money at an ordinary observer would take? A. No; the very feel of it, I should think, would tell him it was bad.
AMELIA NORMAN . My husband is a tobacconist, and lives in Providence-place. The prisoner came into my shop on the 8th of April, between eight and nine o'clock in the evening, for half an ounce of tobacco, which came to 1 3/4 d.—he offered me a half-crown—I had not change—I gave it to my little boy to get change"—my neighbours said it was bad—I held it in my hand, and compared it with a shilling or a sixpence—I saw it was bad, and told the prisoner so—he held out his hand, and said, "Give it to me, I will go and get change"—he went across to the public-house—I sent my servant after him, as he had not paid for the tobacco—he gave her the tobacco back, and said he had no more money.
GEORGE BELL . I am a pastry-cook, and live in Providence-place, Kentish-town. On the 8th of April, between eight and nine o'clock in the evening, I saw the prisoner in York-place; he went up the Junction-road, and then turned back—I went into a baker's shop, and taw him go to Mrs. Weedon—I watched him, and saw him picking out half-a-dozen oranges—I got an officer, and taw him tender a half-crown through the window.
Cross-examined. Q. How far did you follow him? A. About four hundred yards—I had seen him come out of Mr. Norman's—when he was in York-place, I was not more than five yards from him—he did not ask what I was running after him for.
ANN WEEDON . My husband it a green-grocer, and lives in Commercial-place, Kentish-town. The prisoner came into the shop for some oranges—he offered me a half-crown—the constable came in directly and took it from my hand.
Cross-examined. Q. How long had he been in the shop? A. Not a moment, scarcely—I had the half-crown in my hand, but did not make any objection to it—I was looking out the change—my house it abort, half a mile, from Mrs. Norman's.
Cross-examined. Q. Where were you? A. At the door—they had to fetch mo about four rods—I had to come round the corner—I saw him put the oranges into his pocket.
GUILTY . Aged 22.— Confined One Year.
of beer; he flung down a half-crown, I changed it, and he took away the change—I put it into the till; two men who sat opposite said, "That is a bad half-crown"—I then looked at it, and it was-bad—I know it was the one I had of him, as there was no other in the till—I got another half-crown from my wife the next day—I marked it, put them both together, and gave them tothe constable—I was going up stairs at the time—I saw a boy, who wanted a quartern of rum in a bottle—my wife served him.
PRISCILLA FOLGER . I am the wife of James Folger. On the 21st of March a boy came to me for a quartern of the best rum—he gave me a half-crown, and not being a judge myself, I gave it to my husband to look at—he did not think it was good—I gave it to the boy again, but my husband said, "Stop"—he took the half-crown and said, "Send the man for the change and the rum"—the boy went away without the half-crown, and my husband gave it to Clarke.
GEORGE GORING . I am eleven years of age. I live at No. 5, Rosemary-cottages—I have known the prisoner about two years—I saw him lately at my father's house, and he said he would make my father some drills, to drill holes for ear-rings—I went with the prisoner to get them; as we were going along, he said, "I shall treat the old man with a drop of rum"—he took me into Ivy-lane, and told me to stand there till he came out—he went under a little archway, and brought a bottle and a half-crown; he gave them to me, and just as we got to Grange-walk, he told me to go to the Carpenter's Arms and get some rum—Mr. Folger told me the half-crown was bad—I went to the prisoner and told him, and he said "She has stopped it for the 18d. I owed them."
MR. FIELD. These are both counterfeit, and cast in the same mould.
Prisoner's Defence. I never had any thing of the kind in my possession, to my knowledge.
GUILTY . Aged 23.— Confined One Year.
MATTHEW HORE . I am a seaman. I went on the 24th of April to the White Swan, with one of my ship-mates—I called for a pot of beer—the prisoner served us, and I gave him a shilling in payment—I received that shilling from the landlady of ray boarding-house, Mrs. Cole—it was an old shilling, with the King's coat of arras on it—he put the shilling into his mouth, and hove down a shilling on the table, and said, "That's a bad shilling"—I took it in my hand, went home, and got another shilling—the one he gave me back had the crown and lion rampant on it—I told him it was not the same shilling—he said nothing—I showed it to Mrs. Cole, and said, "Never mind it; put it down to me."
Cross-examined by MR. OTTER. Q. What time was this? A. At half-past eight o'clock at night—I had not had any thing to drink but two or three glasses of beer—I had had no spirits—it was a George the Third shilling that I gave him—I looked at it in the street—the prisoner kept it two or three minutes before he laid it down, to the best of my knowledge
—I did not drink any of the beer—it was the first pot we called for—I never take much notice of money myself.
CATHERINE COLE . I am the wife of Samuel Cole; he it a mariner. On the 24th of April I gave this witness an old shilling, with the King's coat of arms on it—he went out, returned in half an hour, and said, "This is a bad shilling which you gave me," and he gave me another shilling which had a lion rampant on it—I had had one returned from that house on the Wednesday night before—I put the bad shilling which Hore brought me into a bit of brown paper, and gave it to the policeman on the Saturday evening, when the prisoner was taken.
WILLIAM OAR . I am a shipmate of Matthew Hore's. On the morning of the 25th of April, I marked eight good shillings—Slater and I went to the White Swan, in the evening—I gave him one of the marked shillings—he called for a pot of half-and-half—another waiter served him, and gave him the good change—we then called for half-a-pint of gin—the prisoner brought that, and I gave him one of the marked shillings—he took it up in his hand; after he put the gin down he, put it to his mouth, and said, "That is a bad one"—I said, "No, it is not;" and pretended to be groggy—we kept him talking till Slater had drank one glass of gin—the prisoner then pnt a shilling down on the floor, and said it was a bad one—I took it, jumped up, and gave him in charge—I gave the shilling to the watchman.
Cross-examined. Q. You pretended to be groggy; how much had you drank? A. Not a drop the whole day—I know the shilling I gave the prisoner was a good one—it was marked, and the one he gave us was not—I went with Slater to entrap the prisoner, on account of Matthew Hore being served the same way on Friday night, as another was on Wednesday.
WILLIAM SLATER . I went with the witness to the Swan—I saw him give one shilling to the prisoner—the prisoner put it to his month—he then hove down another shilling on the table, and said, "This is a bad one, none of your tricks to me"—I then took hold of him.
Cross-examined. Q. What did he mean by that? A. As much as if I wanted to pass bad money on him—I was lying down on the table, and appeared quite groggy—he shook me, and I got up and laid hold of him—I would not let him go till the watchman came and searched him.
JOHN NICHOLAS (police-constable K 38.) I took the prisoner to the station-house—I found on him a good marked shilling—I received this counterfeit shilling from William Oar, at the same time; the prisoner said that was the shilling they had given him.
GUILTY . Aged 18.— Confined One Year; the first two days in every month solitary.
STEPHEN SCARBROW . I am a cheesemonger, and live at No. 8, Somerset-terrace, Kensington. On the 8th of May the prisoner came there at ten o'clock in the morning—she asked for a pennyworth of cheese, and gave
me a shilling—I saw it was bad, and asked where she got it—she said she took it the night before in change for a half-crown—I cut a piece off it, and gave it her back, as I was rather busy—I have seen a counterfeit shilling since; but that was not the one she gave me.
Prisoner. I never was in your shop Witness. I know you are the woman—I saw you the same evening, about six o'clock, and showed you to the policeman.
RICHARD SMITH . I am a baker, and live at Somerset-terrace, Kensington, about two hundred yards from Mr. Scarbrow. On the 8th of May, the prisoner came about eleven o'clock in the morning for a penny loaf—she offered me a shilling—I saw it was bad, and returned it.
Prisoner. I never was in your shop. Witness. I will take my oath you are the person.
WILLIAM REEVES . I am a baker, and live at Kensington. On the 8th of May, I saw the prisoner, as near eleven o'clock as possible—she came for a penny loaf, and tendered me a bad shilling—I charged her with it, and asked where she came from—she said from Westminster; but refused to give the number or the street—I said "This is surely bad, and I will take you into custody"—she became very indignant—my young man came into the shop—I told him to go for a policeman—she ran out, and I told him to pursue—I kept the shilling in my possession till the policeman finally brought her into my shop.
GEORGE FRENCH . I am in the service of Mr. Reeves. I came home about eleven o'clock on the 8th of May—I received orders to follow the prisoner—she ran, and I pursued for some time—a man came up whom I do not know—he asked her who stopped her—she said me, and he gave me a violent blow on the shoulder, which knocked me down.
MR. FIELD. This is a counterfeit shilling.
GUILTY . Aged 23.— Confined Three Months.
SARAH MARIA WHITE . I am waiter at Reeves' coffee-house, Coventry-street. The prisoner came there on the 24th of March, and had a cup of coffee—he gave me a half-crown, which I put in my pocket, where I had no other—I gave him 2s. change, and he went away—when I paid Mr. Reeves in the evening when the shop was closed, I found the half-crown was bad—he gave it me back—I put it into my box, which was locked, and to which no one had access but myself—I took it out on the 8th of April, and Mr. Reeves marked it.
Cross-examined. Q. Is not Coventry-street a great thoroughfare? A. Yes; I sometimes receive 2l. in a day.
COURT. Q. If any body had offered a sovereign in the course of the day, you would have given change? A. Yes; I think it was about nine o'clock when I gave the money to my master.
MR. SCARLETT. Q. When you took the half-crown of the prisoner, what did you do with it? A. I put it into my pocket where I had no other half-crown—I did not put any other half-crown in it from the time I saw the prisoner, till I paid my master; I had but that one—I had seen the prisoner before—he had asked me for the magazine, and I said I
thought it was engaged—he asked me for it a third time, and I said I thought it was stolen.
ELIZABETH REEVES . I am the wife of Thomas Reeves, of Coventry-street. On the 8th of April, the prisoner came for a cup of coffee and a muffin—I did not serve him then—he then called for a second, which I served him with—he offered me a half-crown—I took it into the bar where my husband was sitting, knowing it was a bad one, and gave it to him.
Cross-examined. Q. Did he pull out any more money? A. No; he pulled this out of his pocket.
THOMAS REEVES . I kept the half-crown which my wife gave me, and sent her for a policeman—as soon as he came, I said to the prisoner, "We have been watching for you this fortnight; I knew what I was going to take of you"—he said, "It is sixteen days since I was here"—I said, "You acknowledge you have been here"—I gave the half-crown to the policeman.
THOMAS TULL (police-constable C 43.) I took the prisoner, and received these two half-crowns—the prisoner said, "If it is your low, take it out of this," and he offered a good half-crown—I found two good shillings on him.
Cross-examined. Q. He tendered a good half-crown? A. Yes; and the waiter said, "You ought to be ashamed of yourself for giving me a bad half-crown, as I am at the loss of it."
GUILTY . † Aged 21.— Confined One Year; one Day in each Month to be Solitary.
NOT GUILTY .
1305. PATRICK MURRAY was indicted for feloniously breaking and entering the dwelling-house of Theresa Kemble, at St. Margaret, Westminster, on the 4th of May, and stealing 7 gowns, value 5l. 5s.; 3 pairs of stockings, value 15s.; 3 shawls, value 3l. 15s.; 4 handkerchiefs, value 1l.; 1 necklace, value 2l.; 2 rings, value 15s.; 1 pair of ear-rings, value 10s.; 2 breast-pins, value 5s.; 1 table-cloth, Value 3s.; 5 towels, value 4s.; 1 pair of shoes, value 5s.; 1 cloak, value 10s.; 2 night gowns, value 7s.; and 2 shifts, value 5s.; the goods of the said Theresa Kemble.
THERESA KEMBLE . I occupy the front room of the first floor, No. 26, Palace-street, Pimlico. The ground-floor is at present unoccupied—the house belongs to William Page—there are several other lodgers—there is a staircase door at the bottom of the stairs, which come into the street; it is generally shut at night—every lodger has a key to the street-door—I went out about six o'clock in the evening on the 4th of May—I am the sole occupier of my room, and am single—I returned at nine o'clock, and found my door shut, but not locked—I had locked it when I went out—three of my drawers had been emptied—I missed seven gowns, two pairs of stockings, and all the articles mentioned—they were all safe when I left home, and were worth about 13l. 14s.—when I went out at five o'clock, I saw the prisoner with three others; they passed and re-passed two or three times—I had had a quarrel with the sister of one of them—none of my property has been found.
Cross-examined by MR. DUNBAR. Q. How long have you lived there?
A. About eleven weeks—there are six other lodgers in the house—they are mostly married people—I never noticed any visitors come to them—I noticed the prisoner going along the street with three other young men, about an hour before I went out—I did not know him before, but he has been lurking about with one whom I know very well, named Thomas Lewis—Ihad known him several weeks, but I had only seen him twice—I suppose my door had been opened by a key—it opens inwards—I tried the lock when I left.
Q. Did not you accuse two or three other persons? A. I said that Patrick Mans and Thomas Lewis had been lurking about the place—I did not charge any other person before the Magistrate—there were two other persons examined—they were merely taken on suspicion.
ELIZABETH ADDISON . I am the wife of Isaac Addison—he is a soldier in the Grenadier Guards. I lodge in the next room to the prosecutrix—about seven o'clock that evening, I saw the prisoner near her door, on the first step of her stairs—he had two large parcels, one under each arm—one was in her brown apron—I am sure it was her apron—I had seen him there about three weeks before, when he came to my door and asked for a person who did not live in the house.
Cross-examined. Q. Are you acquainted with this man? A. No—I can swear he is the man—I was present when the other persons were examined—it was about five minutes to seven o'clock when he was coming down—it is a very light staircase—there is a window just where I met him—I did not know that he was the man I had seen before, till I saw him at Queen-square—I did not give any alarm—it was a brown printed apron, with yellow spots; I could swear to the apron; it is not such a pattern as can be got in any part of London—when the prisoner came home, I told her I knew the apron by its being brown, and having yellow spots—I cannot say that he did not bring the bundles in which I saw him go out with, but I know the apron was the prosecutrix's.
Prisoners Defence. I am innocent—when the woman came to the watch-house, she said she could not swear it was me who was outside the door.
GUILTY . Aged 19.— Transported for Life.
(The prosecutor gave the prisoner a good character, and promised to employ him again.)
Confined Seven Days.
Fifth Jury, before Mr. Sergeant Arabin.
WILLIAM PRESS . I live in St. Thomas's-street, Southwark. On the 17th of May, I was on the steps leading from St. Magnus Church London-bridge—when I got to the top, I missed my handkerchief—I was called back, and picked it off the ground—I gave it to the policeman—I saw the prisoner struggling with a gentleman who had seized him.
prosecutor's pocket—I seized him—he struggled to get from me—he threw it down, and threw me down, but I kept my hold of him.
Prisoner. I picked it up.
(Property produced and sworn to.)
GUILTY .* Aged 18.— Transported for Seven Years.
WILLIAM GEOROE WEBSTER . I am a shoemaker, and live in Chequer-place, Whitecross-street. On the 15th of May, I sent my son John to Mr. Whistler, in Shoe-lane; he was carrying two pairs of new shoes, and two pairs of old ones, which I had had to repair—it was after one o'clock when I sent him—the shoes are quite lost.
JOHN WEBSTER . I took the shoes—I was going to Mr. Whistler—the prisoner accosted me at Barbican chapel—she tapped me on the shoulder, and said, "Your name is Johnny, is it not"—I said, "Yes"—she said, "I thought I knew you—I know your mother and father very well—I have been in the country a long time—I have bought you a little horse and cart, and I do not know how I shall bring it to you without I have this handkerchief" (that was the handkerchief the shoes were in) to wrap it up in, as I do not want my mother to see it"—I said, "No, Mistress; if you cannot get the horse and cart without having this handkerchief and shoes, don't give it me at all"—she said, "Yes, I must"—she got the handkerchief and shoes from me by force, and ran off—I ran and said, "You must not have the handkerchief—she said, "Stop here two or three minutes, and I will be out with the horse and cart"—she showed me the house, but she made me stay back—I waited an hour, but never saw her—I am sure she is the person.
Prisoner. I have witnesses to prove that I was in-doon from half-past eleven till half-past five o'clock in the evening, and never went out.
JOSEPH PERRY . I drive a horse and cart. On that Friday, between one and two o'clock, I was coming from Golden-lane into Goswell-street; I saw the prisoner in Williams' buildings—she had got a blue handkerchief with the shape of shoes in it—they were tied up in it, and she was going towards Golden-lane—I am sure she is the person—I knew her face before—it was a light blue handkerchief—when I went on, I saw this boy by the Repository, crying and saying he should get murdered when he got home—as soon as I heard that, I went back to look for the woman, but could not find her—two gentlemen went to the house where she lived; but she could not be found—I had seen her a dozen times—I am sure she is the person.
Prisoner's Defence. I had my friends here this morning; but I did not think I should have my hearing till next Sessions, or I could prove I was in-doors washing for a person till half-past five o'clock.
(Margaret Ellis, of Red Lion-market, gave the prisoner a good character.)
GUILTY . Aged 19.— Transported for Seven Years.
1309. WILLIAM SIBLEY was indicted for stealing, on the 5th of May, 1 bag, value 1d.; 3 sovereigns; and 1 £10 Bank-note; the goods, and monies of Frederick Francis Gray, his master, in his dwelling-house to which he pleaded
GUILTY .— Transported for Life.—Recommended to mercy by the Prosecutor.
1310. FREDERICK ALLEN and EDWIN CHAPMAN were indicted for stealing, on the 14th of May, 98lbs. weight of sugar, value 50l., the goods of William Dadds and another, the masters and employers of the said Frederick Allen.
MR. DOANE conducted the Prosecution.
ROBERT DADDS . I carry on business with my brother William; we are wholesale grocers, and live in Leadenhall-street. On the 14th of May, this hogshead of sugar was sent out, but I did not see it—I received information, and went to Gray's-inn-lane, where I found Allen, with our cart and horse—I heard that an accident had happened—the hogshead was in the road—I looked into the cart, and saw Allen in the act of removing a bag of sugar to the front of it—he was ourcarman—I asked what he had got there—he said the sugar which he had picked up out of the road—I examined the hogshead, and on looking to the drawing-hole, I perceived the tin was off, which caused my suspicion—the hogshead was perfect except that—I gave Allen into custody after he returned to our house—the bag contained 98lbs. of sugar, worth about 2l. 10s.
WILLIAM JOHN JACKSON . I am warehouseman to Messrs. Dadds. On the 14th of May, about half-past six o'clock, I saw a hogshead of sugar weighed; it was fifteen hundredweight three quarters—I gave it to Allen, to take to Euston-square—I did not see him again—at a quarter-past eleven o'clock the same night I saw the hogshead of sugar, and I weighed it again the next morning—I had seen the hogshead put into Allen's cart; there was nothing else in the cart; there was no bag—when I weighed the hogshead again, it weighed fifteen hundredweight all but fourteen pounds; there was a deficiency of ninety-eight pounds—I took the bag of sugar out of the cart myself, when it came back, with the officer—the sugar in the bag weighed ninety-eight pounds—Allen told me he had picked it up in the cart, and put it into the bag—I recollect, when the hogshead went out, the drawing-hole was quite perfect, and a square piece of tin was nailed over it—I did not see the tin again; it was off the hogshead.
Cross-examined by MR. PHILLIPS. Q. Where did you put the sugar that night? A. In the warehouse.—Mr. Dadds had the key; I gave it him that night—there is but one key—there were some boxes of fruit in the cart, and two more hogsheads of sugar, of very different qualities; but there was only one hogshead in when the accident happened—I was not there at the time—in the progress of the journey, the hogsheads might have knocked one against another—Allen never denied that the sugar had been in the hogshead; he said it fell out, and he picked it up—he had been two or three months in the prosecutor's employ.
MR. DOANE. Q. You having seen the drawing-hole, in your opinion, if the two hogsheads had knocked together, would it have forced open that hole? A. No; the sugar did not appear as if it had been in the road; there was no dirt on it; it was a very wet night.
THOMAS ELLIS (police-constable G 103.) I recollect the accident happening to the cart, in Gray's-inn-lane. I went to the spot, and saw Allen in a short time—I asked him who the man was that was hurt—I had before seen Chapman being carried to the doctor's—Allen said it was a poor
man whom he had picked up on the road, and given him a lift—I saw one hogshead of sugar—I assisted in getting the horse, who had run away—after that, I said to Allen, "You had better get into the cart and remove these plums before I let the tail-board down"—after he had removed part, I saw a sack, with something in it; he drew it towards the front of the cart—Mr. Dadds came up, and asked what that was; Allen said, gome sugar, which had fallen out, and he had picked it up in the road—I saw the sugar; it certainly did not appear as if it had been in the road—I then went with the cart to the prosecutor's—Allen there said, it had got out of the hogshead into the cart, and he picked it up in the cart—he was then given into my custody—I told the warehouseman to bring me a piece of string and some sealing-wax; and the bag was sealed up till the morning—I saw it next morning, and saw the hogshead weighed.
Cross-examined. Q. Was not the cart in the road? A. Yes; it was tilted up, the shafts were up in the air.
JOSEPH WEBB . I live in Pinder's-place, Gray's-inn-road. On the evening of the 14th of May, I was in Gray's-inn-road; I saw the cart, with the horse hanging up; there was a hogshead of sugar and two boxes in it—I went up to give assistance—Allen said there was a man behind, that the hogshead was upon him; and he was sure he was killed—we cut the tarpaulin to get the hogshead out, and Chapman, who was under it, was taken to the doctor's, insensible—I saw the hogshead taken out of the cart, and placed in the road—I was there the whole time the cart was in the road—no sugar came out into the road there was no tin over the hole then—when Mr. Dadds came up, Allen said he had got some sugar in the bag, which he had picked up out of the street, and then he said he picked it up out of the cart.
Cross-examined. Q. Did he say both things in the same place? A. Yes—I have heard the policeman say that it was after he got to the prosecutor's that he said he picked it up out of the cart—I am sure he said "street" to me—I do not know whether Mr. Dadds was close to me at the time he said it—he was on the spot—I and others were assisting to get the wounded man out; I cannot say whether Mr. Dadds was near enough to hear it—it was Mr. Dadds who put the question to him—I saw the hole in the cask—if any sugar came out it could not be above a pound or a pound and a half—not such a quantity as this produced.
Allen's Defence. Webb is a false-swearing man—I leave the rest to my Counsel.
(John Hughes, a cow-keeper; and Sarah Cresswell, of Christiana-street, St. George's, gave Allen a good character.)
ALLEN— GUILTY . Aged 21.— Transported for Seven Years.
CHAPMAN— NOT GUILTY .
OLD COURT.—Tuesday, May 19th, 1835.
Fourth Jury, before Mr. Recorder.
MESSRS. CLARKSON and DOANE conducted the Prosecution.
GILBERT FINDLEY GERDWOOD . I am a surgeon, and live in the Edgeware-road. I was called in to attend the deceased Richard Wilson on Wednesday the 26th of April—he complained of his left leg, and the knee on the inner edge had still the appearance of a bruise on it—I at-
tended him from the 6th till Tuesday the 12th, when he died—he died of erysipelas, caused by the bruise on the knee—that was the exciting cause he was attacked on the Sunday morning by a peculiar delirium, which was evidence of a highly excited state of the nerves—Sir Charles Bell was then called in and attended him with me.
Cross-examined by MR. PHILLIPS. Q. Did you learn that he had fallen over a pail, and severely bruised his leg? A. I did—I heard that from himself—that was some time before he received the injury in question—I examined the leg to see if the pail had injured it—the skin had been rubbed off—and when I saw it it was scabbed over—there must have been a discharge from it—that is, a little serum—I do not know whether his blood was in a bad state, but at present in my neighbourhood there is a great predisposition to erysipelas—if he had been predisposed before there would have been symptoms of it—I was called in nine days after this accident—Mr. Parrott had attended him before—Sir Charles Bell saw him early on Sunday morning, at my suggestion.
JASPER PARROTT . I am a chemist and druggist, and live in the Edgeware-road. The deceased applied to me on the 27th, about a quarter of an hour after he received the injury—I examined his knee; it appeared very much swollen, and as if he had received a severe contusion on the left knee, such as might be caused by a severe kick—I gave him leeches to apply, and cold applications—I did not see him again until the 1st of May, when he walked to me, which, in my judgment, was an imprudent thing at that time—I live five or six houses from him—his knee appeared less swollen then, but he complained of more pain—it appeared to have had an application of leeches, which would reduce the swelling—I examined it; and although the swelling appeared very much reduced, still, over-exertion, or other causes, might have brought on that pain—I applied my hand to it—he complained of much pain upon that—I applied more cold applications, and more leeches—I saw him again that day or the next—he appeared some days better and other days worse—I attended him occasionally with Mr. Gerdwood until the day of his death—there was always inflammation more or less about the knee since the 1st of May—the inflammation gradually increased and extended up and down the limb—it might have been brought on by various causes—in the present instance, I think it more than probable, that the inflammation was brought on by his own exertion; I mean the increase of it—if he had not received an injury on the knee it would not have been inflamed—it finally brought on erysipelas; and he died, on the 12th of May, of delirium, the result of erysipelas, produced, in all probability, by the blow—I know of nothing else which could produce it.
Cross-examined by MR. PHILLIPS. Q. Among other things you advised him to keep quiet, I dare say? A. I did—I told him more than once, that walking would be improper, as I observed that he made imprudent exertions—I saw the wound that was caused by his falling over the pail; that appeared inflamed; it had all the appearance of recent abrasion.
Q. If he had not received an additional wound, and had gone on using exertion, might not that have produced inflammation to produce erysipelas? A. I should say it was possible, but not probable—I saw it before Mr. Gerdwood—I should not have considered it necessary to advise him to keep quiet for that alone, as it was not of that importance; the inflammation was of such a local nature; it was on the shin-bone; that is, at all times, a place very difficult to heal—the inflammation was local, but
very differently situated—I have not known a wound in the shin-bone produce very fearful inflammation.
MR. CLARKSON. Q. Was the injury from the pail a broken skin? A. Yes.
COURT. Q. Describe the part under the knee which was struck? A. It was the inner portion of the left knee.
SIR CHARLES BELL, KNT . I am surgeon to the Middlesex Hospital, and live in Brook-street, Grosvenor-square. I was called in to the deceased on Sunday, the 10th of May; the disease had made progress, so that the examination of the knee was of less importance—he was in a state of high delirium; and that sort of delirium which is attended with great debility—I inquired into the cause—I found he had erysipelas on the left thigh and leg—the cause was then apparent—I inquired farther, and found he had received a slight abrasion or injury on the top of the shin-bone—I saw that the inner part of the knee was tender, and that there had been the injury—the slightest abrasion, puncture, or bruise, will, in some constitutions, produce erysipelas—the knee was slightly swollen—when the constitution is debilitated, either by excess or any thing else, a very slight injury will produce that effect.
Cross-examined by MR. PHILLIPS. Q. Did you ohserve the abrasion of the shin-bone? we understand he had fallen over a pail and abrased the shin-bone? A. My attention was not called to that; if he had fallen over a pail and abrased the shin over the shin-bone, that would be sufficient to produce the injury, but not when it had healed.
GILBERT FINDLEY GERDWOOD re-examined. He told me he had received an injury some weeks before by falling over a pail—he had a very slight scab still existing in the lower part of the shin, without the slightest degree of inflammation—it was scabbed over—there must have been a slight discharge from that—the skin was not abrased where the kick was—that caused no removal of the skin—it was a simple blow—the slightest puncture in tome constitutions will produce erysipelas—a blow on that part is calculated to produce inflammation, and then the inflammation acts on the nerves.
MR. PHILLIPS. Q. You have used the word "puncture," and Sir Charles Bell says, "abrasion" might produce erysipelas—if I understand you rightly, there was no puncture or abrasion about the knee? A. No.
MR. CLARKSON. Q. Could the inflammation or erysipelas be accounted for by any injury you observed on the shin-bone? A. Certainly not; that is, it was not—it might have produced it, but it did not—the slight abrasion was perfectly unconnected with it—there was no symptom of inflammation from it.
SIR CHARLES BELL re-examined. Q. You have heard this gentleman's evidence; he had more opportunity of seeing the patient than yourself; from the account he gives, what opinion do you form? A. The gentleman called me in and noticed every thing important—I heard nothing to throw any new light on the matter—a bruise under the knee is calculated to produce the consequences—I could form no other opinion.
GEORGE CLARKE . I was pot-boy to the deceased Richard Wilson—he kept the Wheatsheaf public-house. On the 22nd of April, I saw the prisoner there, writing something outside the house—it was nothing indecent—I told my master, and he came out—he said nothing to the prisoner, but struck him—I am sure he did not speak to him—the prisoner afterwards came into the house—Mr. Wilson said, "Go out, Robinson"—the
prisoner said, "If you hit mo again, I will break your head with a pint pot"—Mr. Wilson directly got hold of the prisoner, and said, "If you don't go out, I will put you out"—he took hold of him by his cravat with both hands, and pushed him out; and in pushing him out, the prisoner kicked him on the knee with his right foot—it was done all in a moment.
COURT. Q. Is this the account you have always given? A. Yes; he told me he had kicked him with all his force, and he was very sorry that he had done so.
Cross-examined. Q. Was not the blow the prisoner got in the first instance, from your master, without speaking to him, violent enough to swell, and blacken his eye? A. I cannot say; I did not see his eye—it is not the first complaint that has been made about his writing outside—I told him of it before, and he left off—it was a sportsman and a dog that he drew.
COURT. Q. Have you not sworn that he made very indecent drawings? A. I cannot say but they were indecent, and yet you may make them not so—some say they are, and some not—this deposition is my handwriting (looking at it)—it was read over to me before I signed it.
MR. PHILLIPS. Q. Did the deceased walk about for a day or two afterwards? A. Yes; he drank very little—he walked about with a stick for two or three days—I saw the shin-bone wound—I never heard that there was any discharge from it—he said he was full of pain with it—he did not complain of it up to the time he got the kick.
HENRY HOAR . I keep the St. Alban's livery-stables. I went into the house, to have refreshment—Wilson and the prisoner were having words—he said to the prisoner, "You have been writing on my shutters outside"—the prisoner said, "What did you strike me for?" Wilson said, "You have been writing on my shutters outside"—the prisoner said, "If you strike me again, I will throw a quart pot at you," and directly he said that, Wilson collared the prisoner, and put him out—he told him he would put him out—I saw the prisoner kick him just below the knee, on the left knee—it was not particularly violent—it swelled a bit—he went to the doctor's directly afterwards.
MR. PHILLIPS. Q. He did not give the kick till the landlord had hold of him, pushing him out? A. Yes; he was pushing him violently.
JOSEPH HANSON . I keep the Imperial, in London-wall. I was at the Wheatsheaf—when I went in, the landlord and the prisoner were quarrelling, respecting some chalk outside the house—Wilson told the prisoner to go out of the house, and if he did not go out, he would put him out—he took hold of him by the collar, and the prisoner turned round, and kicked him—Wilson said, "D—n you, if you come into my house again, I will take you up"—Wilson's knee swelled directly, and I advised him to go to a doctor's.
Q. Had Wilson pushed him out before the kick was given? A. No; he pushed him out, and he let go of him—I could hardly see whether he did let go of him or not before he kicked him—he had let go, or was just letting him go—he could hardly have let him go—the man, seemed half afraid to kick him—Wilson was a very powerful man, and when he loosed him, the prisoner put his foot up, and kicked him—I did not see the marks on the wall.
Prisoner's Defence. I was merely pencilling outside the house; he came out without speaking a word to me, and struck me over the eye—I went and asked him what provocation I had given him—he caught hold of me,
shook me, and turned me out, and I kicked him, which I am very sorry for, for he was the best of friends to me.
NOT GUILTY .
NEW COURT.—Tuesday, May 19th, 1835.
Fifth Jury, before Mr. Common Sergeant.
JOHN TAYLOR . I live in Maiden-lane, Battle-bridge, and am a general merchant. I employed the prisoner to pawn some silk goods for me at Mr. Upsall's, on the 13th and 14th of June last—the first parcel was four hundred yards, pawned for about 36l. or 38l.—the latter parcel was rather more—the prisoner gave the duplicates into my hands—they have never been out of my hands—they are in the name of "John Taylor, by Shields"—the prisoner had no right to have any money upon them, but as pledges—he had no right to redeem them.
Prisoner. Q. Did you state before the Magistrate that they cost you 4s. a yard—it will appear by the invoices, that they cost 2s. 8 1/2 d. and 2s. 9 1/2 d. a-yard? Witness. This cost near 4s. a yard—I have not had the invoices for months—we were not in partnership—he had no interest in the business—he was employed as a friend—I did not think it a respectable way of raising money myself—he never pawned any thing for me before, to the best of ray recollection—I remember giving him some guns to pawn.
Prisoner. We jointly took the premises at No. 12, Diana-place, New-road, in October, 1833. Witness. You took them, I did not—I do not owe you any thing.
Q. Do you deny that your agreement and mine was to take that house, and if the officers of the Excise should come and find the illicit still, I should stand forward, and you would keep back, and supply me with money? A. You carried on an illicit still; I did not.
COURT. Q. Did you supply him with money? A. I did—if there had been any profit, I should probably have received it—all connexion ceased between us at the end of May last year, and what money I lent him, I considered lost, and bona fide gone—I was not in partnership with him.
Prisoner. Q. Did not you and I take a public-house in John-street? A. No; I advanced money to John Lynch to take the house—the prisoner introduced me to him.
Prisoner. There was a partnerhip between the prosecutor and myself, and the profits were to be equally divided between him, and Lynch, and me—with the money we got for these silks, we took the house. Witness. There was no partnership whatever—I know the whole gang of them, and I shall rout them out—the prisoner stated last year, that he had no claim on me—and in January last he went and took these goods—he got a person to personate me, and to state that I had lost these duplicates.
ROBERT UPSALL . I am a pawnbroker. On the 18th of June last year, the prisoner pawned four parcels of silks with me, which came to 37l. 15s. 6d., and on the 14th, some more goods—I have the duplicates, which correspond with those the prosecutor has—in January last, the prisoner came with a person, whom I should know again if I were to sec him—the prisoner said the duplicates were lost, and that person was the owner of the
goods, and he signed these affidavits that the duplicates were lost or mislaid—I gave him the goods in the prisoner's presence.
Prisoner. He always knew me and Mr. Taylor to be in partnership. Witness. I do not know how you were situated, whether partner or servant—I did not consider you a partner.
COURT. Q. Was he not to be a partner when Taylor was in difficulties, and bear the brunt then? A. I never understood it so—I never knew any thing about it—the prisoner was sent to prison for being found at work in the illicit still, on the premises—he acted as a manager there—I never saw Mr. Taylor but once there—I am a clerk, and have 70l. a-year—I know there was a still carried on, but how I do not know—I believe the prisoner never used Taylor's name.
(The prisoner, in a long address, stated that the prosecutor and himself were engaged in various transactions together, but made no allusion to the charge in question.)
NOT GUILTY .
JOHN TAYLOR . I gave this property to the prisoner to pawn for me, on the 14th of June last he brought the duplicates, and gave them to me—and in January last he went to Mr. Upsall's, and took a person with him, and got these goods—I sent my clerk to stop the goods, but he was too late—he had no right to redeem these articles—if he had wanted my signature or authority, he knew where to correspond with me.
NOT GUILTY .
JAMES STEPHENSON . I am in the employ of William Champion. On the 15th of May, the prisoner and her elder sister came into the shop about twelve o'clock—they asked to look at some stays—they then asked to look at some shoes—I shewed them some—the prisoner, who was at the other side of the shop, came to the counter where I was shewing the other the shoes—she took three pairs and put them on the ground, and in about five minutes she put them on the counter—she then put one pair under her shawl, and said to the other, "Come, make haste"—the other female then said, she would have one pair, and gave me 3d. in halfpence, and a half-crown, and told me to give her a shilling—they then left the shop; I followed and brought the prisoner back—I found the shoes under her left arm.
Cross-examined by MR. OTTER. Q. Did not the prisoner stoop down to try on shoe? A. Yes; and when I turned, she stood up—she tried three pairs—they bad got out of the shop before I took her, and were walking away—I had the shoes on the counter in a pile—she did not give the shoes up to me—I took them from under her arm—when I brought her back, she said she had told her sister to pay for them, but she had not.
Prisoner. I tried on three or four pairs, which he gave me to try, and I said to my sister, "I have a pair; pay for them."
SARAH HASSELL . I am the prisoner's sister. I went with her to the shop—she had one pair of shoes, and as we were coming out of the shop, she asked me if I had paid for them; I said, "O dear no"—we were not out of the shop, she was behind me—she had them outside her shawl.
NOT GUILTY .
1315. WILLIAM CRATHERN was indicted for stealing, on the 23rd of December, 1 watch, value 2l.; 1 watch-chain, value 1l.; 1 seal, value 10s.; 1 jacket, value 7s.; and 1 pair of shoes, value 1s. 6d.; the goods of Henry Hadley.
HENRY HADLEY . I live at Barking, in Essex, and am a shipwright. On the 23rd of December I was at Blackwall—the prisoner, whom I had known about two years, came to see me at ten o'clock at night—I was in bed—I got up, and got him some porter and gin—we went out and got it—we came home about twelve o'clock—we had supper, and went to bed—my watch was hanging at the head of the bed—I had wound it up at nine o'clock, when I went to bed the first time—there were two children in the room with us; one about six, and the other about ten years old—I awoke in the morning about five o'clock—the prisoner was then gone, and my watch and seal—the two children were i