CENTRAL CRIMINAL COURT.
EIGHTH SESSION, HELD JUNE 15, 1835.
MINUTES OF EVIDENCE,
Taken in Short-hand,
>BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
W. TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
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 Allan Park, Knt., one of the Justices of His Majesty's Court of Common Pleas; Sir William Bolland, Knt., one of the Barons of His Majesty's Court of Exchequer; and Sir John Gurney, Knt., one other of the Barons of His Majesty's Court of Exchequer; Sir J. T. Coleridge, Knt., one of the Justices of His Majesty's Court of King's Bench; George Scholey, Esq.; John Atkins, Esq.; Alexander Brown, Esq.; Sir Peter Laurie, Knt.; Aldermen of the said City of London; the Honourable Charles Ewan Law, Recorder of the said City of London; William Taylor Copeland, Esq.; John Cowan, Esq.; Samuel Wilson, Esq.; Sir Chapman Marshall, Knt; John Pirie, Esq.; Thomas Wood, Esq.; and John Lainson, Esq.; Aldermen of the said City; John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; His Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
WINCHESTER, MAYOR.—EIGHTH SISSION.
A star (*) denotes that the prisoner has been previously in custody—An obelisk (†), that the prisoner is known to he the associate of bad characters.
Third Jury, before Mr. Baron Gurney.
1365. JOHN CUSSELL was indicted for that he, on the 28th of May, at St. Mary Magdalen, Bermondsey, upon Mary Brown, unlawfully, maliciously, and feloniously did make an assault, and unlawfully, &c., did cut and wound the said Mary Brown, in and upon her head, with intent in so doing, felonioualy, wilfully, and of his malice aforethought to kill and murder her.—2nd COUNT. Stating his intent to be to maim and disable her.—3rd COUNT. Stating his intent to be to do her some grievous bodily harm.
MARY BROWN . I am a married woman. I have for some time past lived with the prisoner—I left him, and returned to my husband, on the 25th of May, which was on a Monday—I saw the prisoner again on the Thursday following, against Bermondsey Church railing—I told him I had brought away two or three things of hit which I did not know I had—it was a working frock, two collars, and a stock—he said he did not want the things—he had got me now, and that was what he wanted; and he would not part with me—he asked me if I had got any money—I told him no, I had not, but if he wanted a pint of beer I would give it to him—he laid hold of my shawl, and pulled me into a public-house, and said I should go with him—I went with him, and paid for two pints of beer—he accused me of going to Mrs. Saunders to get his linen away—I told him I had done no such thing—he said would I go with him to Mrs. Saunders'—I went, and Mrs. Saunders was in the back parlour—I went, and asked her if I had been to try to get any thing away—she told him I had not—I said to him, "Now are you satisfied?"—he muttered something, but I do not know what—I asked Mrs. Saunders if she would come out into the yard with me, and we both went into the yard—and when we had been there about two minutes, he followed us into the yard—we were near the water-closet—I said to him in a joke, "You had better go there for us"—he said, "No, I don't want"—I went into the water-closet, and when I came out I went by Mrs. Saunders, and we all three stood together for about five minutes, and we never spoke—at last I made about two steps towards the yard door again, and he collared me, and threw me backwards against the hogtub, picked up a piece of brick, and struck me on the head twice—I then clung very tight to his jacket, and said, "For God's sake don't"—he said, "I will never leave you until I have done for you!"—he threw that piece of brick away, and took up a larger piece, and struck me three times with that on the head—I was so faint with the loss of blood that I fell, and said,
"I am a dead woman," as I fell—he ran away—I crawled into the passage—my head was cut very badly—I have seen the brick bat since, or one like it—the policeman has it.
Prisoner. She says it was Thursday—she did not see me till the Monday afterwards—we were both intoxicated together. Witness. We were not drunk, not when it happened.
CAROLINE SAUNDERS . The prosecutrix and prisoner came to my house between four and five o'clock—they came in about the prisoner's linen—I was asked if she had got his linen from me—I said, "No"—we went out into the yard, and a conversation passed between them—the prisoner took the prosecutrix, and threw her down violently, and afterwards took up a brick, and struck her once with it on the forehead—I ran out to see if I could see a man passing to get assistance—when I came back the prisoner had run out of the house, and she was in the passage bleeding—I saw the brick—my husband picked it up in my presence, and it was given to the policeman—(looking at it)—this is not the brick with which I saw him strike her—it was a smaller piece—I found this piece lying there afterwards, but I did not see him strike her with that—I have not the smaller piece here—she had given him no provocation before he struck her.
Prisoner, Q. When you were in-doors, how could you hear whether she gave me any provocation? A. I was in the yard.
COURT. Q. Before he struck her, were you in the yard or the house? A. They were in the room with me—I went out into the yard with her, and was with her, close by her, when he threw her down.
Prisoner. She was in the house, and not in the yard at all. Witness, I was in the yard.
MAURICE MULCAHY (police-constable R 181.) I received information, and went to Mrs. Saunders' house—on entering, there was a great deal of blood in the passage, and inside the door of the front room—I went into the back kitchen, and saw the prosecutrix apparently lifeless, covered with blood—in consequence of what she said, I went in search of the prisoner—I found him at the Yorkshire Grape public-house, in Bermondsey-street, about ten minutes' walk from the house—I went to the tap-room door, and said, "Cussell, I want you"—he said, "Yes, I know you do—I expected it would come to this—I am willing to go with you"—I took him into custody.
PARKER GERMAN . I am a surgeon. The prosecutrix was brought to my surgery on the 28th, I believe—it was the evening this happened—she was in a very weak state from loss of blood from the wound on the scalp, which was about an inch in length—I did not examine the depth of it—I merely strapped up the wound, and sent her to the hospital—it divided the skin and part of the integuments, I believe—it produced a great effusion of blood—I did not consider her in imminent danger at the moment—I did not know whether she was in danger, or not, as I did not examine the wound, because I did not think I should get paid for it—I think it was a sort of wound likely to be inflicted by part of a brickbat.
Prisoner's Defence (written.) I have been living with the prosecutrix from the 7th of June, 1834, until the 25th of May, 1835. When she brought my tea in the afternoon, she asked what time I should be done work. I told her I did not know. When I went home at eight o'clock in the evening, she had removed with every thing belonging to me and herself; and I met her the next day, May the 26th, when she promised to bring every thing belonging to me on the next day, Wednesday, but we
both got very much intoxicated on the Tuesday, and I did not see her until Thursday, when the had a few article for me. With that we want to a public-house, and had tome beer, but how much I cannot tell, having been drinking all the day. We had a dispute, and we went to where we had been living, to decide what we had been disputing about, where we had high words, and I threw her down on some bricks that were in the yard, and by that means her head was cut. I took her into the house, and sat her in a chair in my landlord's apartment, the beck parlour, when Mrs. Saunders alarmed the neighbourhood, and I went to a public-house again. Two policemen came to me, and told me they wanted me, when I told them I was at their service, and they took me to where I left the prosecutrix. They never sent for a doctor, but kept the woman in her gore for two hours before she had any medical assistance. When going to the station-house, which is upwards of a mile, they took her into a surgeon's, and got her head dressed, and made her come to the station-house and give evidence against me. Had she been provided with the assitance of a medical gentleman, it would not have come to what it has; for I am certain that the prosecutrix knew I had no animosity against her, for we had generally lived on very mutual terms together. I most humbly implore your mercy.
GUILTY on 3rd Count— DEATH . Aged 48.
Second Jury, before Mr. Justice Coleridge.
1366. JOHN SADLING was indicted for that he, on the 7th of June, at St. Magnus the Martyr, London, upon Catherine Shewry, unlawfully, maliciously, and feloniously did make an assault, and unlawfully, &c. did stab and cut the said Catherine Shewry, in and upon her face, with intent in so doing, feloniously, wilfully, and of his malice aforethought, to kill and murder her.—2nd COUNT, stating his intention to be to disable her.—3rd COUNT, stating his intention to be to do her some grievous bodily harm.—4th COUNT, stating his intention to be, to resist and prevent his lawful apprehension for an offence by him committed; to wit, for unlawfully putting his right hand into the pocket of the said Catherine Shewry, with intent to steal the goods and monies therein being, for which he was liable by law to be apprehended and detained.
CATHERINE SHEWRY . I am a married woman, and live at No. 24, Love-lane, Lower Thames-street. I know the prisoner—I saw him on the 7th of June, between eight and nine o'clock In the evening, on Fresh Wharf—I never saw him before, to my knowledge—I had my little girl, who is about four years and a half old, with me—there was a great number of people round—there were a crowd of persona looking at the steamboats coming in—the prisoner lifted up my gown, and cut a hole in the corner of my pocket—I found his hand in my pocket—I had not observed him near me before—I laid hold of his hand which was in my pocket, and would not let him go—I caught hold of him by the collar of his coat with both hands, and he gave me a blow with a penknife on the side of the face—I saw the knife in his hand at the time, when he attempted to stab me with it—he cut me with the knife—I saw the knife coming towards my face—I screamed out for assistance—I received a blow from him on the neck with his fist—I had hold of him fast at this time—he made two attempts to stab me with the knife, and I pushed him from me, and he cut my shawl—my shawl is cut in two places—I have it here—Rangecroft came up, and caught hold of him—I saw him drop the knife out of his hand—I picked
it up, and gave it to Rangecroft—the prisoner said nothing to me that I know of—I was in such a flurry at the time—I have not been well since.
Cross-examined by MR. DOANE. Q. There was a vast crowd at this place? A. Yes; the steam-boats were arriving—I did not say I saw him lift up my gown—I caught hold of him with his hand in my pocket—I caught hold of his hand—that was the first thing which attracted my attention to him—he was not before me, but rather at my side—I turned round quick, and laid hold of him—I caught hold of the band, and turned and caught hold of his collar with both hands—I did not let go of the hand in my pocket till I caught hold of him by the collar—I caught hold of his collar with one hand first, and then the other—I noticed nobody but him—there was a great number of people round us—I am quite sure that the person I seized was the person whose hand was in my pocket—he made great objection to being seized by me, but I would not let him go—he struggled to get away—after I had collared him he made a blow at me—he made no attempt till I seized him—I have always gone by the name of Shewry since I have been married—I have not gone by any other name since—my husband is living.
JOHN RANGECROFT . I am an officer of Fresh Wharf. I have seen the prisoner several times before this Sunday night, the 7th of June, when I saw him, as near nine o'clock as can be, on Fresh Wharf—I saw Mrs. Shewry there—I was within twenty paces of her—I was standing there as the passengers were coming out of the steam-boat—there was a great crowd coming out—I heard her and the child cry out—I went immediately to her assistance, and she had hold of the prisoner—I collared him, seeing her struggling with him, and the blood falling from her face—the moment I collared him there was a rush at me, by whom I do not know, but I slung my arm round, and two or three of them went away—I then looked at the prosecutrix, and knew her—she was bleeding—the blood ran very fast down her bosom, and over the child's bonnet—it had sprinkled over the child—she gave me a knife, which I produce—I saw her pick it off the ground—there was blood on the blade—it was open—she took it off the ground where I had collared the prisoner.
Cross-examined. Q. I believe you saw nothing till he was in custody of the woman? A. I did not—she had hold of him, and my attention was called by her cry.
CATHERINE SHEWRY re-examined. That is the knife—I have my pocket here—this is the hole in it—here is my shawl with the cuts in it—I went to Mr. Croft, a doctor, for the cut in my face—he washed the wound and strapped it up.
EDWIN CROFT . I am assistant to Mr. James Croft. I was not there at the time the prosecutrix came—Mr. James Croft was present, but I have dressed the wound since—it was produced by a sharp instrument—this knife is very likely to have produced it—it was an incised wound, near the temple, in the side of the face—it penetrated to the bone, but was not a dangerous wound.
Cross-examined. Q. It was not likely to cause death? A. No; it was on the cheek-bone, which lies very near the temporal artery, but it was a superficial wound—it was within an inch and a half of the temporal artery.
Prisoner's Defence. I am as innocent of the charge as a baby.
(Jane Springett, Union-street, Borough, gave the prisoner a good character.)
GUILTY on the 3rd Count.— DEATH . Aged 19.
First Jury, before Mr. Justice Coleridge,
1376. JAMES CORSTON and GEORGE ROME were indicted for feloniously and burglariously breaking and entering the dwelling-house of Charles Wilson, about one o'clock in the night of the 29th of May, at St. Mary Matfelon, alias Whitechapel, with intent to steal, and stealing therein 1 pair of half-boots, value 10s.; and 1 pair of shoes, value 10s.; the goods of the said Charles Wilson.
CHARLES WILSON . I live at No. 258, Whitechapel, in the pariah of St. Mary, Whitechapel. On the 29th of May, I went to bed at half-past ten o'clock—I was the last person up—my lad fastened my doors and windows, and I examined them after him—I was alarmed, about one o'clock at night, by persons being in my back yard—I got up, and went to my bed-room window, pushed it up, and saw two persons standing in my back yard by the side of the parlour window—I asked who was there twice—no answer was given—I then called for my blunderbuss to shoot them—I called out loudly—they immediately started off to get over the wall—I then ran to my front parlour window, and there my wife was giving an alarm to the police, who were close by—there is a court runs by the side of my house, and there the policeman took the prisoners directly—I went up stairs, and got a light; came down, and examined the lower part of my house—I found my back parlour window open, and the shutter-fastening undone—I had left it fastened with the hasp and bolt, and the window down—I went into the back yard, and found a pair of shoes and a pair of boots lying close by the water-butt—the blucher shoes had been hanging on a nail by the parlour window, and the boots on a shelf by the parlour window, the night before—I had seen them there myself.
THOMAS ARNOLD . I am a policeman. I was on duty on the night of the 29th of May in the Whitechapel-road, next door to Mr. Wilson's house—I was alarmed by Mrs. Wilson calling "Police!" out of the window about one o'clock—Brown the constable was with me—she told me to run round the court, for there were thieves in the back yard—I did so, and just as I got to the comer of the alley, I found Corston trying to make his escape into the road—I took him into custody, and held him against the wall, and in the mean time I saw another man jump from the wall—he tried to pass me—I put up my hand, and called Brown—he did not get by me, for Brown came and took him into custody—it was the prisoner Rome—Corston resisted, and tried to get from me by slipping his jacket over his head—in the mean time I heard something drop on the pavement, which sounded like a crow-bar—I found these matches in his jacket pocket, and a phosphorus bottle without a cork—this was as he was going to the station-house—I returned to the street, to look for what I thought was the crow-bar, and found one at the place where I heard it drop—I went into the prosecutor's premises, and found the cork of the phosphorus bottle on the sill of the back parlour window which was broken open—I searched Rome, and found a bit of rope on him.
Corston's Defence, I was right opposite the prosecutor's house, along with my brother-in-law and sister—I went up the court to ease myself—two or three young men came down the court and almost knocked me down—I went up the court, and picked up the bottle and put it in my pocket—the prosecutor sung out, "Stop thief"—I came out and was taken into custody.
Rome's Defence. The prosecutor said he could not exactly swear to us,
as he lost sight of us—there were several other people in the court—they never searched the court at all, but took us away.
Rome, He never went down till after we got to the Station-house, Witness, I met him not fifty yards off and sent him down the court.
CORSTON— GUILTY.— DEATH . Aged 19.
ROME— GUILTY.— DEATH . Aged 19.
Third Jury, before Mr. Common Sergeant.
1368. JOHN POUND was indicted for feloniously and burglariously breaking and entering the dwelling house of William Sharp, about the hour of two in the night of the 8th of June, at St. Pancras, Middlesex, with intent to steal, and stealing therein, 2 table-cloths, value 10s., the goods of the said William Sharp.
WILLIAM SHARP . I am an engraver, and live in Mornington-place, Hampstead-road, in the parish of St. Pancras—I keep the house. I went to bed on Monday night, the 8th of June, and about half-past two o'clock I heard a knocking, which seemed to be in the house—I got up—it was quite dark—I walked down stairs, and between the first and ground floors I saw the prisoner in the corner of the staircase—I asked what business he had there—he returned no answer—I alarmed my mother, who called in two men, into whose custody I gave him—on the road to the station-house, a policeman overtook us, and I gave the prisoner into custody—I examined the house the night before—the windows were shut and the doors also—after the alarm some table-cloths were found displaced, but I don't know how they were the night before—I found the kitchen window open, and a pair of shoes and a hat in the front area—the prisoner had neither shoes nor hat on—he requested to have his hat and shoes brought to him, which was done, and he claimed them.
Prisoner, He said at first his wife shut the house up, and she said the servant did—he said he found my hat and shoes in the kitchen—I had them on my feet—I was not inside his house—I was outside the door. Witness, He was inside the house on the staircase—his shoes were in the front area—they were not on his feet till he sent for them and put them on in my presence.
ELIZABETH SHARP . I am the wife of Michael Sharp, and stepmother to the prosecutor—I live at his house. On Monday, it being a holiday, the servant went out, and at ten o'clock I went down and fastened the bottom of the house—the sash of the window had been fastened all the winter with nails—I shut the shutters and fastened them with a bar—my son alarmed me in the night—I afterwards examined the kitchen window—it was forced open, the shutters undone and the nails taken out—the top sash was forced down—the prisoner must have put his band through a hole which was cut to admit the light, I suppose, and undone the bolt—when the alarm was given, I saw the prisoner standing in the house, by the first floor window—I found the drawers ransacked, the china closet open, and these table-cloths removed from the china closet—they belong to William Sharp—the policeman has got them.
GUILTY— DEATH . Aged 20.
END OF THE CAPITAL CONVICTIONS.
LONDON AND MIDDLESEX LARCENIES, &c.
First Jury, before Mr. Recorder.
1369. JOHN MILLER was indicted for stealing, on the 21st of April, 12 handkerchiefs, value 3l., the goods of Lea Wilson and another—2nd COUNT, calling the goods 11 yards of silk, and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 21.— Transported for Seven Years.
NOT GUILTY .
NOT GUILTY .
WILLIAM CHIPPENDALE . I live at Bunhill-row, and am a cooper. On the afternoon of the 22nd of May, I came in at my gate, and my attention was called to three boys behind me—I turned round, and they ran off—I put my hand to my pocket, and missed my handkerchief—the prisoner was one of them—he was quite close to me, and seemed to have something in the breast of his coat—he ran off, and threw the handkerchief to another boy, who gave it to me—the pot-boy followed, and brought the prisoner back—he begged my pardon, and hoped I would forgive him.
Prisoner. I was at my work, the other boys enticed me away.
JOHN STONE . I am pot-boy at the Two Brewers, Bunhill-row. I was cleaning my master's windows—I turned and saw the prisoner throw the handkerchief to another boy, who gave it to Mr. Chippendale—I then pursued the prisoner and took him—I had not lost sight of him.
GUILTY . Aged 12.—Recommended to mercy.— Confined One Month.
ESTHER MARGARET WILLIAM s. I live in West Smithfield, and am the wife to Thomas Williams. On the 20th of May, the prisoner came to the shop—I was in the small room adjoining, and observed him standing at the glass-case—I went into the shop, and he left—I went to the door, saw him walking away very deliberately he put his hands behind him—I had knocked for some men to come to my assistance—the prisoner ran when he saw some person pursuing him—he then ran violently—he was taken in about an hour—I am sure this is the same person—three or four papers containing about six dozen knives, were missing—they had been all safe within five minutes before—I have not seen any of them since—I could not see any thing in his hands—he had them before him first, and then opened them and put them behind him.
Prisoner. I was taken a quarter before seven o'clock—she said she lost them about two o'clock, before she said it was about four o'clock—the policeman
asked me where I was—I said at Kensington till past four o'clock; I then came home, and went to a coffee-shop, and had my tea—is it likely that I should go to that neighbourhood where I had done a robbery? or is it likely I could put six dozen knives into my pocket? Witness. The policeman found he bad no knives, but very deep pockets in his trowsers.
Prisoner. Why did you not halloo, "Stop thief?" Witness. Because he was walking deliberately away—there was no one about—I had four men at work—they came to my assistance, but he ran so quickly then.
HENRY EDWIN RUSSELL (police-constable C 36.) I took the prisoner an hour after this in King-street, two or three hundred yards from the shop—he had been described to me by the witness—he had sufficiently deep pockets to carry the knives—I did not see the knives, but those I saw in the shop were small clasp-knives.
THOMAS WILLIAMS . I am the prosecutor, and know the knives that were missing—many of them were very small—they were tied up in parcels, with one outside—I can put two dozen into my waistcoat-pockel—the value of them was about 4l.—there were nearly seven dozen of them.
Prisoner. When I was taken she said she hardly knew me—she thought I was the boy.
MRS. WILLIAMS. I have no hesitation in swearing he is the boy—there was no one who came into the shop but him—the knives were safe five minutes before—I had never left the shop till that moment—no one had entered the shop till I saw the prisoner at the glass case.
Prisoner. The servant persuaded her to swear to me—she was half an hour before she would swear to me. Witness. No such thing ever passed—this happened about ten minutes after four o'clock—he was taken a little after five o'clock.
Prisoner. The policemen were coming off duty—it was near seven o'clock when I was taken—there was one of them ran across and said he knew me.
JURY to HENRY EDWIN RUSSELL. Q. Did you take the prisoner from what Mrs. Williams said? A. Yes; she said he had a light blue coat and black hat—he was about five feet high, and quite a lad—she said she was confident he was the lad when she saw him.
GUILTY . Aged 17.— Transported for Seven Years.
OLD COURT.—Tuesday, June 16th, 1835.
Second Jury, before Mr. Sergeant Arabin.
HENRY WINSOR . I am warehouseman to William Anderson and Co., of Mincing-lane. On the 12th of June, about half-past five o'clock in the afternoon, I was in Great Tower-street—I felt a slight touch at my pocket, I turned round and observed the prisoner close to my heel, with my handkerchief in his hand—the instant he saw me look at him, he dropped it and ran away—I took it up, called out, "Stop him," and he was stopped at the corner of Idol-lane, without my losing sight of him—this is my handkerchief.
GUILTY . Aged 17.—Recommended to mercy.— Confined Three Months.
1375. JOHN MAHONEY was indicted for stealing, on the 2nd of June, 1 square, value 1s. 6d.; 1 saw, value 4d.; and 1 gouge, value 2d.; the goods of William Ashplant: 1 apron, value 1d.; and 1 handkerchief, value 3d.; the goods of William Walker.
WILLIAM ASHPLANT . I am a carpenter. On the 1st of June, I was working at a building in Castle-street, Holborn—I left my tools on the second floor—there was a hoard ten feet high round the building—in the morning when I came to work I missed them—about half-fast ten o'clock the same morning the prisoner was coming down Castle-street very much intoxicated—he fell down by the building, and the square fell out of his pocket—the policeman was lifting him up, and I found my saw in hit coat pocket—he had my partner's apron on, and he threw a gouge out of his pocket—a handkerchief was found in his hat—all these tools are mine—the prisoner is a perfect stranger.
Prisoner's Defence. I was at Thompson and Fearon's, in Holborn—a man came in there and offered the apron for sale for 3d.—I tied it round my waist—he said if I would put another penny towards it, he would spend the 4d., which I did—he pulled out the handkerchief, and I bought it of him for 2d.—he put the other things down on the pitching block, and told me to mind them till he returned—as he did not come, I took them up and walked away with them.
GUILTY . Aged 27.— Confined Three Months.
ANN CARR . I am the wife of John Carr, and lodge in Ratcliffe-row, John's-row. On the 25th of May I left home at about half-past six o'clock in the evening, leaving the street door open—I left this property in the kitchen—the kitchen door was open—I returned at about half-past eight, and found the prisoner in custody with these things, which are mine.
MARY HYDE . I live opposite the prosecutor. On Monday, the 25th of May, I saw the prisoner loitering about the door—I opened the window, and watched her—I saw her go into the passage on tip-toe with a baby in her arms—she returned in ten minutes with the iron pot under the baby—I called to Taylor, who lives in the house, and he brought her back.
The prisoner pleaded poverty.
GUILTY . Aged 23. Confined Six Weeks.
1377. ROBERT WESTON was indicted for stealing, on the 31st of May, 41lbs., weight of rope, value 20s.; and 1 block, value 1s.; the goods of Caleb Hitch. 2nd COUNT, stating it to belong to William Lambert.
WILLIAM LAMBERT . I am master of the barge Perseverance; Caleb Hitch is the owner—it laid in the West India Docks Basin, at Limehouse, on the 31st of May—I, my son, and Chapman, formed the whole crew—about eight o'clock on Sunday morning, the 31st of May, we all left it together—I returned about eight o'clock in the evening, and found Chapman
there and Floyd—I missed the ropes and a block, which I had left under the tarpauling, covered over—the prisoner said he was watching two lighters in the basin—he was in his own craft when I came back—he was looking after two craft; one having tobacco in it, and the other was empty—he said so himself—he was in the empty craft—the officer asked him for the key of the tobacco barge cabin, and he gave it to us—I told him I was going to get a warrant to search his barge—Chapman opened the cabin in my presence with the key, and brought up part of the rope—I knew it to be mine very well, and the other rope I found under the tarpauling of the tobacco craft—they are both ours, and both were on board the same barge.
SAMUEL FLOYD . I am a Thames police-officer. The Perseverance and the two barges were very near together—the prisoner had the care of the tobacco barge and the other barge—I told him the rope was missed, and charged him with the theft—I went on board the tobacco barge, but found the cabin locked—I asked the prisoner for the key—he gave it to me—I gave it to Chapman, who went down and found a coil of rope with the block to it—I asked the prisoner if he had had the key in his possession the whole day—he said he had—I found the coil under the tarpauling, between the casks of tobacco, concealed at the bottom of the barge—he produced a note, which was his authority to have the care of the barges.
WILLIAM CHAPMAN . I belong to the Perseverance, On Sunday morning, at eight o'clock, I left the barge secure—this rope and block belong to the Perseverance—I returned to the barge first in the evening—I went into the cabin when it was unlocked, and found the rope in the cabin, behind two boxes—I found the tarpauling removed from our own barge, and missed the ropes, which were found as has been stated.
Prisoner's Defence. I had a craft left in my charge—I went down about five minutes after eight o'clock, and laid down in the empty barge—the gentleman came and asked for the key, to search the craft, and I gave it to him.
GUILTY . Aged 22.— Confined One Year.
Before Mr. Recorder.
MR. DOLPHUS conducted the Prosecution.
JOHN BESEMERES . I am a slopseller, and live in Houndsditch. The prisoner was in my employ as an articled servant, and has been so for six months—it is part of my business to make up clothes from drill—on the evening of the 4th of June, when I came home, the prisoner met me in the passage in tears, at eleven o'clock at night—he said, "Oh, Sir, a dreadful thing has happened"—I led him into my sitting-room, and asked him what was the matter—he said, "Oh, Sir, I have been stealing"—I had no knowledge of what had happened at the time—I said nothing to induce him to say any thing—I said he had better state what had happened—that was after he had said he had been stealing—he produced a parcel, which I have here—I gave it to the policeman the following morning, and know it to be mine—there was also a newspaper and a letter in the parcel—the prisoner handed me the parcel himself.
Cross-examined by MR. CURWOOD. Q, You know his family, do you
not? A. Yes; he is very respectably connected—I am indemnified for any misconduct he may commit—I do not know whether I mentioned before the Lord Mayor, that he said he had been stealing—my impression is, that I stated it—I will not undertake to speak positively—I swear he did not say he had been "accused of stealing," because that would imply there was a doubt of the matter—his coming to me with the articles, indicated there was no doubt in the business—the people about my house have articles at prime cost—the rule is, that they shall have an order to have them cut off—I should not call it stealing if he cut them off first, and got the order afterwards—I am not aware that he had trowsers on at that time made of stuff, which had been cut off first, and the order got afterwards—I was not at home when this piece was cut off—I was at home up to five o'clock—I understand this was cut at six o'clock—it bad been left in the custody of one of the young men, but the prisoner brought it to me himself.
COURT. Q. Do you recollect his accounting to you for any articles of which he had not given you previous notice, and afterwards paying for them? A. Such a circumstance has occurred—the rule if, that no young man should take a material before he comes to me for a written order for it—I have since been informed, he has violated the rule at the time he had the trowsers he alludes to—he applied to me for an order, and they were paid for; but at the time of giving the order I was not aware he had cut them off.
MR. ADOLPHUS. Q. The rule is he should not have them without an order? A. Exactly so—I did not know he had cnt them off, when I gave him the order—I heard of it first at the Mansion House, when I went there on this charge.
COURT. Q, Did you state before the Lord Mayor the circumstance of his saying he had been stealing the goods? A. I believe I did—I did not read my deposition—I might not be aware that the deposition necessarily contained all that had been stated—I believe I did state it—I will not swear that I did mention it.
MR. CURWOOD. Q. His box was searched afterwards? A. Yes, by one of my young men—that piece of drill is worth 2s. 6d.—it is sufficient to make a pair of trowsers.
THOMAS TAYLOR . I am in the employ of Mr. Besemeres. I was employed in cutting drill like this on the 3rd and 4th of June—on the 3rd of June, the prisoner laid hold of some drill, and said, "I shall have two yards and a half of this"—it was a similar pattern to this, but drab instead of lavender—my answer was, "Indeed?"—he said, yes, he should—in a moment or two he came round, and began to undo the piece—I said, "Have you got an order?"—he said, "No"—I said, "You had better get your order"—he said, "I will manage that; there is a great deal of over-measure here"—I said, "Who is it for?"—he said, "My brother"—I said, "You must not have the raw material; you must have nothing but what is made up; the governor won't stand that"—he said, "Hold your tongue, I will manage that"—in about an hour and a half, he cut off two yards and a half—I did not see that; but after he went up to tea, I missed the first cut, the fag end—he had no business to cut that at all—the tea-bell had rung—I found he was in his bed-room—I waited until he came down—I said, "Dudley, you have taken that drill"—he did not deny it—I said, "Go and get it, and bring it down stairs"—he said, "Will you hold your bother?"—I said, "Nothing will satisfy me till
you bring it down now, while every thing is quiet, and put it on my board, and I will manage it"—I insisted on its coming down stairs, or to Mr. Besemeres, I must go—he said, "Well, be quiet, I will have my tea, and will bring it down stairs"—he went down to tea, and in about ten minutes brought it down stairs to me in brown paper, from his bed-room, and threw it on my cutting-board—I put it up on the left of me, without undoing it—I went to the principal young man in the house, and acquainted him of it—on the 4th of June, between three and four o'clock in the afternoon, he went in the counting-house, and took out a bunch of keys—I did not sec the keys, but I heard them rattle—I was adjoining the counting-house—I suppose he must have seen me—as he went in, he passed behind me—it was not done secretly—I heard the keys rattling—I knew they were the keys of the back premises, where the work-people come in—he took the keys and went out—I suspected he was taking something out of the house—I went round to White, and spoke to him—I suspected be had concealed something in the yard—I let every thing be quiet till half-past eight o'clock in the evening when I leave—I missed him from the warehouse half an hour previous, which was three-quarters of an hour before his time—I suspected he was getting ready to go out—I went out before him, and waited at the end of the street till he came up—he came out at the private door with a parcel in his hand—that was not the right door to come out at—the parcel had string round, and was sealed—I went up, and said, "Dudley, what have you there?"—he seemed surprised, and said, "Hold your bother"—"What is there," I said, "You know what happened yesterday; what is it"—he said, "Only some old newspapers, and nothing else; I am going to send them into the country to my mother" (or brother)—I said "Let me see it, and I shall be satisfied, or worse will come of it"—he said, he would not, and began to swear—I said, "If you do not, I will give you into the hands of a policeman, and what happened yesterday will all come out—I am determined not to part with you till I see all"—he went into a public-house parlour in Liverpool-street, with a great deal of hesitation, and opened the parcel—I found it was this drill—I said, "What this is newspapers, is it?"—he said, "Hold your bother—don't kick up a noise, it is only a remnant"—I said "This wont do, I shall get in trouble for this"—I called the landlord, and asked him to take care of him, while I went to get the principal of the house—he said he would not keep the prisoner, but he would keep the stuff—I persuaded the prisoner to go back with me, and he did—I told the young man in his presence what he had done—the clerk went with me to the public-house, and got the stuff, and brought it down to the house—I took it out of the landlord's hands, and gave it to the clerk, who took it to the watch-house—I do not know where he put it, for I left the house, and went home—this was as near nine o'clock as could be—the prisoner slept in the house, and so did the clerk.
Cross-examined. Q. When he applied to you the day before to cut off some, you would not do it without the order? A. Yes; that was on the 3rd, and on the 4th he took this—he said, he would have a piece—I told the Lord Mayor that he said he could manage it, and that it was over-measure, and would not be missed—I said near to the same meaning, but perhaps not in those words—the parcel was directed to his brother—there was a letter and a newspaper in it—he said, it was a bundle of newspapers, I am quite certain—I was once charged with bigamy, but it was proved I was not guilty.
MR. ADOLPHUS. Q. You were acquitted? A. I was—there was quite time for the prisoner to get an order for the goods from his master.
(The letter contained in the pared was addressed to "W. Dudley, Esq., Wilton, Wilts," and stated, among other subjects," I have sent you a piece of crape cantoon, winch I think will make you a pair of nice trowsers for the summer. I am sorry it is not better, but at I got it by way of Cheapside as I may call it; you must excuse it. ")
Prisoner's Defence. I had the privilege of having goods at cost-price, which was allowed all the young men—I cut off the goods to send to my brother, on receiving a letter from him between three and four o'clock in the afternoon, by a friend, who was to leave London at five o'clock next morning—I had to take it to Holbom after business that evening—I made up my mind to send him these trowsers—Mr. Besemeres not being at home I could not ask him for an order for it, but I intended to ask him for an order, and pay for it next day—I had plenty of money, and did not want to steal it.
GUILTY . Recommended to mercy.— Confined Fourteen Days.
STEPHEN WHITE . I live with my father, Thomas White, a carpenter, in Peter's-lane, St. Sepulchre's—he lets out trucks—on the 9th of May, at half-past five o'clock, the prisoner came, and said he wanted a truck for Mr. Baylis, St. of John's Square, for about two hours—I went to Mr. Baylis about ten o'clock that night, and found he had not sent him—he was brought to my father in custody afterwards, and I knew him—the truck is worth 2l.—my father's name and address was on it—he did not ask for it to buy it—but only hired it.
THOMAS PHILPOT (policeman, G 85.) In consequence of information I went to Thomas Row, in Bagnigge Wells Road, with the prosecutor—he produced a receipt, and the prisoner afterwards said the receipt was his writing.
THOMAS Row. I am a wheelwright, and live in Bagnigge Wells Road—I bought a truck of a boy—he came on four different days about it—I think it was the prisoner—he brought it the first day—I said I should not buy it of him, and to tell his master, or whoever it belonged to, to come to me—I cannot exactly swear to the prisoner, because I am so bad in my head—the boy who brought it gave me a receipt—he did not write it in my presence—he brought it; this is it (reads):—"Bought of C. Tabel a truck. Paid."
RICHARD BAYLIS . I am a surgeon—I did not send the prisoner to White for a truck—I never employed him on such an errand—I know him—his father-in-law is a tenant of mine—he has been very badly brought up—his parents are addicted to drinking.
GUILTY . * Aged 14.— Transported for Seven Years.
MONTAGUE GROVER . I live in Wells-street, Gray's-inn-road. On the afternoon of the 28th of May, I was in High-street, St. Giles's, about half-past five o'clock—I felt a pull at my pocket, turned round, and observed my handkerchief in the prisoner's hand—he was about three yards from me, handing it to another person—I immediately seized him—he said, "Here is your handkerchief," and gave it to me—he got from me, and ran into Denmark-street—I did not lose sight of him for above two minutes; he ran behind an omnibus, and I seized him—he begged me to let him go saying, I had got my handkerchief again—I gave him in charge—it could not have fallen out of my pocket.
ROBERT CULVER (police Constable F 95.) I was on duty in High-street, St. Giles's—in consequence of information, I went to Denmark-street, and saw the prosecutor holding the prisoner—I took him in charge.
GUILTY . * Aged 22.— Transported for Seven Years.
WILLIAM PRIEST . I am an auctioneer, and live in Great Charlotte-street, Blackfriars-road. The prisoner was in my employ, and received money, on my account—he had the entire charge of the business, and generally accounted to me every afternoon—whenever I called there, if he had any money he paid it to me—Cogger owed me 6l. 11s. 6d.—he sold these goods to Cogger unknown to me—Cogger rented the first-floor of my house, and the prisoner furnished him with chairs, tables, and other things—he never paid me for them—On the 9th or 10th of February, the prisoner left me—I discovered he was gone on the 10th (Monday)—he had given me no notice whatever of his intention—I did not see him again till the 25th of May, when he was apprehended.
Cross-examined by MR. PERRY. Q, The prisoner sold the goods? A. Yes. I do not know the terms on which he sold them—it was chairs, a carpet, fire-irons, and other things—the prisoner has paid me for some things I have lost—I make him account for what is missing—I missed nothing till he absconded—he paid me various sums, which he sold articles for—I do not debit him with these things.
JOHN COGGER . I live in Water-street, Blackfriars. In February, I paid the prisoner 6l. 11s. 6d. in two instalments of 4l. 10s, and 2s. 1s. 6d.—I paid it to him in the early part of February, on Mr. Priest's account, for goods bought of the prisoner, in Mr. Priest's shop—I was a tenant of his.
Cross-examined, Q. What interval was there between the two payments? A. Five or six days—the last payment was about the 6th of February.
WILLIAM PRIEST re-examined. The prisoner told me he had sold these articles to the witness—as I saw the lodgers had come in, and saw by the reflection of the light that there was furniture in the room, I said, "Why, the lodgers have come;" he said, "Oh, yes! I have let them have some chairs;" and on the Monday he was missing.
Cross-examined, Q. I believe he has offered to pay the money since this? A. I have received a letter from somebody, saying they would pay it by instalments—my answer was, that I would not take it if they paid the whole at once.
Prisoner's Defence. I had been out on a holiday, and as I was coming home
early in the morning, I was robbed of the money—he told me on Saturday that he was going to have the shop altered on the Monday, and then I knew be would miss the things sold—if he had paid me my wages, and the poundage which I had for selling things, I should have been able to pay him—I starved myself on bread and water to pay him, but could not save the money up—I have since sent to say my mother would pay it at 5s. a week; but he said he would make an example of me.
WILLIAM PRIEST re-examined. He never told me be had been robbed, or bad lost the money—the reason I did not pay his wages on the Saturday was, that he had sold a book-case three weeks before, and kept stating he could not get the money for it—I insisted on his getting it, and he said the gentleman was to pay him that night at nine o'clock—I said, "Well, then, you may receive it, and pay your wages out of that"—he had been about six weeks with me.
ROBERT FLYNN . I lived at Mr. Priest's house at the time in question. I remember the prisoner's coming home one night, about three weeks before he left—I cannot say the day of the month—I knew he had some money with him when he went out in the morning—he had taken it out because he would not leave it in the shop—I saw him take it in his pocket—I do not know how much—there was about 5l. or 6l. in gold; and, in the evening, he had not a farthing—I searched his pockets—he complained of having been robbed—I begged of him to face his master.
COURT. Q. He complained of being robbed? A. Yes; I advised him to tell his master, but he said he could not have face enough to do it, as his master was so good to him—I am sure this was about three weeks before he left.
JOHN COGGER re-examined, I came into the lodging on the 7th of February—I paid the whole of it before that—I paid nothing before February—after I paid him the money I heard that he had robbed the prosecutor—I paid him three days before the 7th of February, in gold and silver.
Prisoner, The money I lost was not the money I received from Cogger, it was money received for goods before; and I took Cogger's money to pay for the goods I had lost before—I hoped to bi able to pay him for Cogger's goods, by saving it out of my wages.
(William Davis, turner, High-street, Portland-town; Joseph Lake, cabinet-maker, Coburg-place, Borough-road; and Thomas Leadbetter, chairmaker, Borough-road; gave the prisoner a good character.)
GUILTY . Aged 26.—Recommended to mercy by the Prosecutor. Confined Three Months.
1383. RICHARD HENRY NEAL was indicted for stealing, on the 21st of November, at St. Matthew, Bethnal-green, 1 watch, value 3l. 10s.; 1 watch-key, value, 10s.; and 14 yards of velvet, value 11l.; the goods of Samuel Therould, his master, in his dwelling-house.
SAMUEL THEROULD . I am a silk-weaver, and live in Carter-street, Brick-lane. I occupy the whole house—it is in the parish of St. Matthew, Bethnal-Green—the prisoner was about six months in my employ in 1833, and left on the 21st of November, 1833—he was at his loom in the afternoon, but not in the morning—he was not in the loom above an hour before this happened—there was fourteen yards of velvet in the loom—he was working on it—in about a quarter of an hour I went down to tea—(about four o'clock) the bell rang for the apprentices and the prisoner to come down to tea—the prisoner did not come down—he absconded—I
missed my watch that evening from the workshop, and this velvet—there was 1l. 1s. 6d. due to the prisoner for wages—he never came for that—I did not see him again till the 19th of May, when he was at the Bricklayers' Arms, Park-street, Oxford-street—he had engaged to weave the velvet for me—it should have been about twenty-five yards if finished—I was accountable for it, at about 16s. a yard—the part that was taken had been finished—I left him at his loom about four o'clock in the afternoon—the watch was in the same room—when the officer took charge of him he asked what date—the officer said on the 21st of November, 1833—his reply was, "If I do not mistake, I can bring proof that I was in Portugal at the time."
Prisoner. Q. I wish to know whether you left this country for America some time back? A. I did—I left with goods—I was discharged from the Marshalsea in April, 1833—I know a woman, named Burns, in George-street—I left a clock with her before I went to the Marshalsea—I have taken the benefit of the Insolvent Act—my son took some things when be left, and ran away from my residence—he is fourteen or fifteen years old—he is an unfortunate boy, I can do nothing with him—he was in the habit of being about my premises at the time the prisoner ran away.
COURT. Q. Had you any reason to suppose he took away any of your things at that time? A. No; he never entered my house without my consent.
Prisoner. Q. Do you know where he was on the day I left? A. No, I do not—about twelve or fourteen inches of the velvet were left—the manufacturer is here—he has part of it on his back—I missed ray watch nearly an hour after I missed the velvet—I drank tea down two pair of stairs—the workshop is up three stories—you were frequently left at work in the shop by yourself—there was other property which you could have taken—I never suspected you until the time in question—I remember your offerin a pair of shoes for sale on the day of the robbery.
COURT. Q. Who was in the house at the time you took your tea? A. My wife, apprentice, and children—the prisoner did not appear when the bell rang—I had left him at the loom five minutes before—the apprentice was in the workshop with him.
GEORGE GOODIER . lam the prosecutor's apprentice. On the 21st of November, 1833, I recollect his leaving the shop, and I went down to tea, leaving the prisoner in the workshop alone—I had not noticed the watch—I saw the velvet in the loom—I returned within a quarter of an hour, and found the shop door shut—the lock was on the door, and the key turned, but it had not caught the hasp—I went into the shop, but did not miss the property till master came up—the key of the room was missing.
CHARLOTTE THEROULD . I am the prosecutor's wife. I saw the loom before tea, and saw the velvet—when the bell rang, my husband and apprentice came down—he gave me 2d. to send my girl for some bread for the prisoner's tea; and when the tea was ready, he did not come down—I had seen him pass me on the stairs, with a lamp in his hand; and when the tea was over, I went up stairs, and found the lamp burning—he generally worked until about nine o'clock—I saw nothing more of him till he was in custody.
GEORGE DEVEREAU BOLTON (police-constable H 49.) I accompanied the prosecutor to the Bricklayer's Arms on the 19th of May, and took the prisoner—I told him it was on suspicion of stealing a silver watch and fourteen yards of velvet from the prosecutor, on the 21st of November, 1833—he said, "What day?"—I told him again—he said, "If I don't
make a mistake, I think I can prove that I was in Portugal at that time, by the colonel of the regiment I belonged to."
JAMES PITKIN . I have got on a waistcoat made of part of the velvet which was left in the loom—the prosecutor stated this circumstance to me. (The prisoner put in a written defence, stating, that in June, 1833, he was imprisoned for deserting from his regiment, and discharged without any document to protect him—that on the day in question, a man named Harper called at the prosecutor's to dispose of a pair of shoes, and told him that the police were in search of him as a deserter; and, fearing a second imprisonment, he absconded, and entered into the Portuguese service, desiring Harper to inform the prosecutor the reason of hit absence;—and stating, that he believed that he was the victim of a stratagem between Harper and the prosecutor's son; that he was not in the prosecutor's employ, but merely paid him 2s. 6d. a week for the use of his loom.)
SAMUEL THEROULD re-examined. I had not seen my son for some time before the prisoner went away; for, at that time, I believe he was in the poor-house—he had absconded and done wrong to me several times, and the officers very kindly kept him there out of the way, that he should not annoy me—the poor-house is not a quarter of a mile from my premises—I did not allow him to come into my house, as he had done wrong before, pilfering many little things—I never found him there without my inviting him—he never came, to my knowledge—I do not know a man named Harper—I never heard that the prisoner left me for fear of being arrested for deserting—no message was brought to me accounting for his absence—on the afternoon in question, he came up with two odd shoes, Which happened to fit me; one was a bad one, the other was a good one—he persuaded me to purchase them for about 3s. 6d.—I said I would not have them, as one was much worse than the other—I never saw them afterwards—he told me he had been in prison for desertion, when he worked for me—there was no man at my house that evening besides the prisoner—he never hinted that he was fearful of being apprehended for desertion—he was my servant—I was to pay him 5s. a yard for that work, and he paid 2s. 6d. a week for the use of the loom—I paid him money at different times—one week there was 3s. 6d. charged as expenses, as his wife was absent—I have never seen his wife or family since he withdrew them from my neighbourhood, a fortnight before the robbery—the prisoner looked to me for payment, and I looked to the manufacturer—he was not my servant farther than in that way—he had 2l. on account; and when he went away, I owed him 1l. 1s. 6d.
JURY. Q. Was there any means of a person going up stairs, while you were at tea, without your knowledge? A. Yes; we had tea in the bed-room up one pair of stairs—I heard nobody pass by the door, but they might have gone by—the outer door was kept shut—a stranger could come in and walk up stairs, but it is a rule for whoever leaves the shop last to lock the door and bring the key down to me—there is a screw on purpose to hang it on, but I have never seen the key since—the padlock was put on, but not fastened—I was not absent from the shop more than twenty minutes.
GUILTY . Aged 45.— Transported for Life.
1384. WILLIAM ADAMS was indicted for stealing, on the 10th of June, 1 jacket, value 30s., 1 waistcoat, value 10s., 1 pair of trowsers, value 15s.; and 2 handkerchiefs, value 4s.; the goods of Humphrey Watson, the same being in a vessel upon a certain navigable river called the Thames.
JOHN SYMONS . I am a police-inspector. On the 1st of June 1 stopped the prisoner on the bank of the river at Blackwall—he had a large bundle with him, containing several sea caps, a rug, and the other articles, stated in the indictment—he appeared to have been in the water—his trowsers were wet nearly up to his middle—he said he belonged to the brig Nixon, which laid off East Greenwich, and he had escaped from the vessel in consequence of the treatment he had received from the mate—he subsequently mentioned another vessel to me—I found a ship's boat lying about 300 yards from where I stopped him, high and dry, as if it had been put there at high water—he afterwards acknowledged he belonged to the Anatolia, and had come on shore in the Simpson's boat—when I stopped him he said the clothes were his own.
HUMPHREY WATSON . I am an apprentice on board the Anatolia. These trowsers, jacket, and two silk handkerchiefs, are mine, and were on board the vessel—the prisoner was on board as an apprentice—it was his watch that night—I had left my property in ray chest in the aft deck—he left his own chest and bedding behind, but no clothes—his chest was on one side of the aft deck and mine on the other—he could not have mistaken mine for his—I don't know of any ill usage he received—he bore a good character—he never wore my clothes without my leave.
Prisoner. I took them by mistake—I had witnesses, and should have had a Counsel, but the officer told my friends it was of no use, that I was sure to be transported.
JOHN SYMONS re-examined. His friends asked me whether they should have Counsel—I said it was not my place to give them advice—I said nothing of the kind that he states—he had other property of his own in the bundle.
GUILTY . Aged 17.— Confined Six Months.
WILLIAM RAINE . I am a rug weaver, in the employ of William Bartholomew, who has two other partners. The prisoner was in their employment—on the 28th of May, in consequence of information, I watched the prisoner, and saw him go behind the loom of a boy who works behind him, and take some black yam from behind the loom—he threw it by the side of his own loom; then went behind his loom, and put it into his trowsers—his apron concealed the bulk—he went to tea in about five minutes, and I gave information—he was fetched back.
THOMAS PEARSEY . I am a rug dresser in the prosecutor's employ, and live in Wheeler-street. I recollect the prisoner leaving the place—I was sent after him—I overtook him in Wood-street—I told him master wanted to speak to him, and he must come back directly—he told me to go back, and he would be there in a few minutes—I said I dared not leave him, he must cone back with me—he then told me not to spoil him—I told him he knew what he had brought away—he said, "Yes"—I took him back to master, and fetched a policeman.
EDWARD AUSTIN . I am a rug-weaver in the prosecutor's employ. I saw the prisoner brought back to the shop—master requested him to strip—he said he would prefer to go in private—he went with me and my brother-shopmate into a small room—I asked him if he had not some yarn
about him, and if so, to give it up—he then drew from his trowsers' flap the yarn which the officer has—I gave it to master.
WILLIAM BARTHOLOMEW . I live in Brown's-lane, and am a rug-manufacturer. I am in partnership with two of my sons—the prisoner was thirteen months in our employ—Pearsey fetched him back by my directions, and Austin delivered the yarn to me—this is it.
THOMAS GRANT . I took him into custody, and have produced the yarn—on the road to the station-house, he said he put the yarn in his breeches as he had a bad leg, and he thought it would ease the pain.
Prisoner's Defence. I had been ill with a bad leg, and had taken physic in the morning—I wanted to ease myself, and I put the yam in my trowsers until I could get to the privy—it was not done with the intention to rob master.
THOMAS PEARSEY re-examined. When I stopped him, he was not going towards home, but quite away from it—he was about three minutes' walk from the premises—there was a privy on our premises if he chose to use it.
GUILTY . Aged 41.— Confined Six Months.
ETWALL HEBBARD MARTELL . I am a student in law, at Lyon's-inn. I was at Johnson's shop on the 4th of June, in High-street, St. Giles's—I law the prisoner scuffling with Mr. Crouch, outside the shop—he got from him—I followed the prisoner into Seven-diala—he ran into a ginshop—I saw him directly afterwards in the custody of Carle.
WILLIAM CARLE (police-constable F 77.) I was on duty in Sevendials, on the 4th of June, and heard a cry of "Stop thief"—I saw the prisoner running down Great St. Andrew's-street—he ran into a gin-shop—I caught him as he came out at the other door, and held him until Mr. Martell came up and gave him in charge—I received tbis book from Johnson's shop.
DANIEL NEWTON CROUCH . I am an engraver, and live in Greek-street, Soho. On the evening of the 4th of June I was in High-street, St. Giles's—I saw the prisoner looking at some books in Johnson's shop window—I suspected and watched him—I saw him take a book, slip it down his side, and walk off—I followed him about two yards and collared him—he threw the book down, got from me, and ran up Compton-street—I took it back, and afterwards saw him in Carle's custody—I am certain he is the man.
Prisoner's Defence, Distress drove me to it.
GUILTY . Aged 21.— Confined Three Months.
NEW COURT.—Tuesday, June 16th, 1835.
Fourth Jury, before Mr. Common Sergeant.
1387. ELIZABETH HUGHES was indicted for stealing, on the 23rd of May, 2 caps, value 5s.; 5 yards of lace, value 9s., 2 handkerchiefs, value 2s., and 1 collar, value 1s., the goods of William Wells; to which she pleaded
GUILTY . Aged 27.— Confined One Month.
THOMAS PARKER LOVEGROVE . I live in Shoreditch, and am a licensed victualler. I was coming out of my house on the 8th of June, and stopped the prisoner in my passage, with a parcel under his right arm—I said, "You scoundrel, why do you come running through my house in this manner?"—I turned him round, and this parcel dropped from him—I seized him by the collar, stooped and picked the cloth up—he said, "I will go back"—I said, "You shall not go back, you shall go with me"—my next door neighbour's shopman told me to take him to Mr. Rotherham—I took him there, and the cloth—Mr. Rotherham identified it—the prisoner said nothing.
Prisoner, He says I had the parcel under my arm? Witness. Yes; there was no other person in the passage between you and me—I swear I saw it under your arm—I saw it drop—I was on the passage side—no person came up to you and then ran away.
JEREMIAH ROTHERHAM . I am a linen-draper, and live three or four doors from the last witness. This linen was brought to me by him and the prisoner—I can swear it is mine—I missed such a piece—I saw it safe half an hour before.
Prisoner's Defence, I went through this person's house—the door was pushed against me—a person with a blue coat ran violently past me—the witness took me into his house—he then took me out again—he saw this cloth, and said, "You have dropped this"—I said, "No; I beg your pardon, I never saw it before. "
GUILTY . Aged 19.— Transported for Seven Years.
1389. JOHN WRIGHT was indicted for stealing, on the 21st of May, 1 thimble, value 6d., 1 purse, value 6d., 1 sovereign; 2 half-crowns; 4 shillings; and 1 sixpence; the goods and monies of John De Levante.
JOHN DE LEVANTE . I Jive in Watney-street, Commercial-road. On the 21st of May, the prisoner came to my house to sweep chimneys—I had a purse containing a sovereign, and 9s. 6d. in silver—he swept some of the chimneys, but not all, on account of the money being missed—it had been on the mantel-piece in the back-room—he had to sweep that chimney, but had not orders to go into that room—I missed the purse—I spoke to him—he denied it—I searched him, and found the thimble, but not the purse—no one but him had been up the chimney—no one but him could have put the purse into the chimney.
Prisoner. I never put it up there—I did have the thimble—there was another sweep with me—he got on the stove when he put me up the chimney—it was not a very long chimney.
JOHN DE LAVANT. T he man could not have reached it where the boy described it to be—I swear no other person but the prisoner went up the chimney—the boy was sweeping the front parlour chimney, but I did not
leave the place for more than five minutes, before I heard the purse was missed—the man was taken, but discharged.
Prisoner. I went to sweep up the hearth and found the thimble—I put it into my aide pocket—I never saw the purse.
NOT GUILTY .
About four o'clock on the 19th of May, I was walking in Bond-street—I received information from the police-officer—I felt my pocket, and my handkerchief was gone—this is the one I missed.
THOMAS HOBBS (police-constable C 85,) I was in Bono-street that day, and saw the three prisoners there—I watched them for twenty minutes—I saw the prosecutor walking with a lady—there was a stoppage at the corner of the street—I saw the prisoners go up behind the prosecutor, and then they went away—Dogherty and Bolton went away together—I went and collared them, and took them to the station-house—I found this handkerchief in the flap of Dogherty's trowsers—Daniels ran away—my brother-officer took him in the evening—I did not see any thing done when they went up to the prosecutor—they then turned to the right, and went towards Berkeley-square—two went down Bruton-street a little way.
Bolton, I was going down to Mr. Graves' after a situation—he said he watched us down Oxford-street.
WILLIAM RICHARDSON (police-constable C 140.) I watched the three prisoners for a quarter of an hour—the first I saw was at the corner of Grosveno-square—they then passed towards Piccadilly—I saw them go very close behind Mr. Sterky—then they halted a little—there was a stoppage, they then went up very close, then turned—Daniels ran away—I assisted Hobbs in taking the other two—Daniels was taken in the evening.
Dogherty. I had left my mother for a quarter of an honr—I saw these two persons on the other side of the way—this gentleman walked down before us—there was a stoppage—I turned and saw this gentleman's handkerchief on the ground—I walked down Bruton-street with Bolton.
Bolton's Defence. I was going after a situation to Mr. Graves, a bootmaker.
Daniel's Defence, I went down with Bolton—he met Dogherty—we went on to the corner of Bruton-street.
(Charles Pendrill, of Tottenham-court-road, cap-maker, gave Daniels a good character.)
DOGHERTY— GUILTY . Age 18. BOLTON— GUILTY . Aged 19. Confined One Year.
DANIELS— GUILTY . Aged 19. —Recommended to mercy by the Jury.
Confined six months.
June, the prisoner came to my house to take an apartment for himself and his brother, who he said was captain of a ship—he slept there the first night himself—the next morning I had a tea and a salt spoon, at breakfast about half-nine o'clock; he left about ten o'clock, and then I missed the two spoons—I am a widow.
GUILTY . * Aged 24.— Transported for Seven Years.
Before Mr. Sergeant Arabin.
REV. ERNEST HAWKINS . I am curate of St. George, Bloomsbury. On the 17th of May, I was in Middle-row, St. Giles's, at ten minutes before eleven o'clock—as I was going down to St. Martin's church, I was rather in a hurry—I felt some person's hand at my pocket—I turned, and saw the prisoner—I took him, and found my handkerchief in his breast—I took that and let him go—I thought I ought to take him into custody, but I saw no officer; no one would assist, and he got away—he was taken afterwards, and I have no doubt he is the man.
Prisoner. Q. Do you swear that is your handkerchief? Q. Yes; I had but one of this pattern, I have no other mark on it.
JAMES BRADLEY CHAMBERLAIN . I was coming out of my private door, and saw the prisoner, whom I knew—I said to Mr. Hawkins, "Sir, you will do the public great service by keeping that man"—there were a great many people round him, some threatening, and some begging him to let him go; and he got away—I ran after him—he went into a house—I asked the prosecutor to wait at the door—he said he could not, as he had duty to do at the church—I then gave information, and he was apprehended.
GUILTY . Aged 20.— Transported for Seven Years.
WILLIAM STARR . I am servant to Clifford Parker; he keeps the Basing-house, in Kingsland-road. On the 11th of May, about three or four o'clock, I saw the prisoner rolling this cask—he was close to the house, and rolled the cask down Union-street—my master saw him, and told me to go after him—it had been standing in our back premises, where we kept our empty casks—the prisoner was quite a stranger to me—he was dressed like a drayman—I asked him what he was going to do with it—he said to take it to Hackney-road; and the gentleman was going to give him sixpence—
took him back; be rolled the cask back, and my master sent him to worship-street.
GEORGE BOND . I am in the house of Alexander Berwick—he is an ale-brewer. This is one of our casks; we furnish Mr. Parker with ale—I know the cask by the number—I know Mr. Parker received that very cask of ale, with the number on it.
Prisoner. I saw this gentleman—I thought he was a clerk—he told me to go and get the cask, and he would give me 6d.—the ostler called me back—I took it back—I had got half way down Union-street—the publican said I must go along with him, which I did.
COURT to WILLIAM STARR. Q. How many casks had you? A. Three or four beside this one.
GUILTY . Aged 50.— Confined Six Months.
HENRY THUELL . I came from the Hundred of Totness in Devonshire, and am a mason. I had been in town a fortnight—I had heard that the Tunnel and Westminster-bridge were to be repaired—I lodged at Ryan's house for a fortnight before this, in Buckeridge-street, St. Giles's—it is a private house—I had paid for my lodging before this—I had in my watchpocket six sovereigns, two half-sovereigns, and one guinea; and some silver in another pocket—when I went to bed at night, on the 30th of May, I had my money safe in my watch-pocket, sewed up—a man and his wife slept in the same room—M'Namara and his wife came home some time in the night—Ryan did not sleep in the room—I think I went to bed between nine and ten o'clock—when I was in bed, Ryan and his wife fell out, and hebeat her very much—she cried out—I saw Ryan come into my room—he asked me if I had paid for my lodging, I said yes, I had paid his wife—he went away and came in again not long after—he took my trowsers from under my head, and cut the pocket—some of the money which he got dropped upon the floor—after that, he left the room, and there was more differing—I continued in bed, because I was afraid to ask for my money—I got up next morning between seven and eight o'clock, and went to the police about eight o'clock, before I had breakfast—I told them—they came and took up Ryan—M'Namara was in the next room when Ryan took my breeches and cut my pocket; there was a lamp outside the street-door and a candle in the room—it was Ryan who did it.
Cross-examined by MR. BODKIN, Q. Had you any work in your own country? A, No, I had done little work for eight or ten weeks—I had saved this gold up for many years—I had not applied to any parish for help—I did not say at first that I had been robbed of 2l.—he might have put out the candle, but it was not out—it was ten minutes or a quarter of an hour before the person came in and took my breeches—no one was in the room beside myself—there was another bed in the room, where a man and his wife and a boy slept—I do not know how long the person was in the room—I was awake—I had not slept at all—I could not sleep when I heard a person crying, "Murder"—it began soon after I went to bed—I
might close my eyes, but I did not sleep at all—the candle was standing on the table by the door—my bed was by the side of the table—there was a lamp in the street, and the light struck into the room, but we have a candle for supper or any thing else, in case we want.
EDWARD CLEMENTS (police-constable E 146.) On the 31st of May, the prosecutor came to me—he told me the story—I went in pursuit of the parties—about two hours after I found Ryan, very much in liquor—I found no property on him—I then went in search of M'Namara—I found him three or four hours afterwards, very much in liquor—I found nothing on him.
Cross-examined. Q. What time did the prosecutor come to you? A. About twelve o'clock in the day, but he had been there before—Ryan was in liquor—he said he had been with some friends.
HENRY GLOVER (police-constable E 87.) I live at the station-house. On the 31st I was in the Buckridge Arms, at a quarter past two o'clock in the afternoon—I saw Ryan come, and he chucked a guinea down on the counter, and asked the landlady change for it—she refused—I took and bit it, and put it down again—when he was refused, he said it was not for the want of money—he put his hand into his pocket, and pulled out a sovereign and five or six shillings.
Cross-examined. Q, Were you in your dress? A. Yes, close to the bar—he saw me before he showed the guinea.
JOHN HUTCHINSON (police-constable E 26,) I was at the public-house—I saw Ryan ask for change for a guinea—he said he did not do it for want of money, and took out a sovereign—I did not see the silver.
Ryan's Defence, I keep two rooms—I met a few friends—we had a few pots of beer, and got a little intoxicated—there were these men, four or five more men, and the Irishman, who I expect is here—the prosecutor, at first, said he was asleep—then, he was not asleep—then, that he was between asleep and awake—I fell down asleep by the side door—I awoke at half-past three o'clock—before I got home, it was about four o'clock, and I went to bed—in the morning, about eight or nine o'clock, I got up, walked out to get shaved—I met a few friends, and had a few pots of beer—when I was taken, nothing was found on me—the Magistrate asked if he saw me in the room—he said not—a man came to me about six weeks ago—he lodged with me for a week, and he owed me 11s.—he gave me this guinea—I gave him change.
M'Namara's Defence. I came in, and went to bed at nine o'clock—five others went into the room—I got up, and met a few friends, and had some beer with them—I knew nothing of this till I was apprehended.
JAMES WALKER . I lived in this house—I remember the Saturday on which the prosecutor said he had lost his money—I was there that Saturday night—Ryan went out at eight or nine o'clock at night—he came in, I suppose, at eight or nine o'clock in the morning—I saw him come—he was out all night—I was in bed all night—I went to bed at nine o'clock—I always lock the door—I locked it when I got into bed—I got up at half-past nine or ten o'clock—no one had gone out—the landlady got up at four o'clock to milk her cows—Ryan went to this man, and asked if he had paid his rent—he said he had paid it—Ryan left the house directly after—he did not go again into that room.
RYAN. Aged 21.— GUILTY . Transported for Seven Years. M'NAMARA— NOT GUILTY .
THOMAS WILLIAM LLOYD . I am the prosecutor's son—he is a coachmaker, and lives in Worship-street, Shoreditch. I had known the prisoner a considerable time as acting for his father, who was a coal-merchant, and dealer in ginger-beer, in Cottage-lane, Commercial-road—I had dealt with his father before—he had a phaeton, which we had repaired a number of times—the prisoner came on the 13th of August—he wished to have a chaise for a day—I told him to pick out a pony chaise—no price was mentioned—the chaise was taken away in the afternoon by a boy—the prisoner sent me a note, which is lost—I did not think it of any consequence—it was only, "Please to deliver the bearer the chaise I looked out"—I am almost positive the prisoner said he wanted it for the day—I cannot be certain—nothing was said about returning it—I expected he would return it that day, or the next.
THOMAS LLOYD . I am a coachmaker. I first saw the prisoner about a fortnight afterwards—I applied to him for the chaise for a gentleman, who wanted it for three weeks—I should not have applied to him, had I not wanted it, as I thought it perfectly safe—he said it had been broken by a bullock, but it was repaired, and I should have it home in half an hour—I saw him again in a day or two—he made some excuse—he said it should come home, but I have not got it yet—he said he had got an uncle who would give him 40l. or 50l. to defray the expenses—I saw him in prison—he said he had left it with a person—he said he had not sold it, but had had 3l. advanced on the broken chaise.
Prisoner. Q. Did you come down to my place? A. I came two or three times by myself—another person came with me once or twice.
Prisoner. Q. Did I not tell you that a person would buy it? A. No.
Prisoner. Q. Did you never apply to my father for the amount of the harness? A. I have not placed it to your father's account—I charged him for repairing his own harness—you had the collar before I came to you—I told Mr. Smith that the chaise was worth about twenty guineas.
WILLIAM COCHRANE . I am a silversmith. I have bad transactions with the prisoner in business—he said he had met with an accident and broken the chaise—I suppose this was about the 15th of August—he said he could not afford to repair it, and asked me what I could afford to give him—I went and saw it—he wanted 7l. or 8l. for it—I said I thought 6l. was the value of it—I gave 3l. when I bought it—he went to my shop, and my man gave him the remainder of the 6l. in goods and money—I had it repaired, and sold it to Mr. White for 9l. 10s.
Prisoner to THOMAS WILLIAM LLOYD, JUN. Q. When I selected out this chaise, what reply did you make on the price of the chaise? A. The price was not asked—I will swear I did not say 12l,—it appeared very much broken.
NOT GUILTY .
CHARLES FREWIN . I am out of business. On the 18th of May, about two o'clock, I was passing up Kingsland-road—a person came and apprized me that the prisoner had picked my pocket—I pursued him—he turned into the King's-road, and I saw him throw this handkerchief over some new buildings—it was afterwards picked up—this is it.
(Robert Cresswell, 38, Ashford-street, gave the prisoner a good character.)
GUILTY . Aged 14.—Recommended to mercy,— Confined Three Months.
JOHN GRIMMER . I am a painter, and live in Caroline-street. On Sunday morning, the 17th of May, I went into a public-house, in Shadwell, and saw the prisoner there; I know him well—I went into another public-house, and he was there—I do not recollect that we had any thing to drink there—I laid my head on the table and went to sleep—I had my watch safe in my pocket then, and afterwards missed it.
Cross-examined by MR. PAYNE. Q. What business do you carry on? A. Painting—I had not drank above a pot before I saw the prisoner—it was about six or seven o'clock when I first saw him—I knew him by working with him in the docks—I was not drunk when I met him—he did not ask me to go home to breakfast with him, to my knowledge—I cannot tell how much I had drank on the Saturday night—it was about a quarter past eleven o'clock when I left the White Horse—I then went to my lodgings—I did not drink any thing else before I saw the prisoner, which was between five and six o'clock—I drank part of five or six pots of ale that morning before I lost my watch.
ROBERT STARNS . I am a basket-maker. I went into the Crown public-house—I saw the prosecutor and the prisoner there—the prosecutor was asleep—I saw the prisoner put his hand round his waist and take his watch out—he snapped the guard—he put the watch into his own pocket—I went out and got the officer, who took the prisoner—he took him into the middle of the tap-room, and drew the watch out of his pocket.
Cross-examined. Q. How many persons were in the public-house? A. About twelve or thirteen—the chief part of the other persons there were sailors—I saw the prisoner take the watch—I got an officer in about three minutes—I did not hear the prisoner say that he took the man's watch from him that he might keep it safe, he being his fellow-labourer.
WILLIAM SELLAR (police-constable K 42.) Starns came to me—I went with him to the public-house, and I found the prisoner—the prosecutor was asleep—I took the prisoner, and told him to come out, but he would not—he put his hand into his pocket—I told him to take it out; he would not—I kept his hand there—I took him out, and found the watch in his pocket.
Cross-examined. Q. He had not attempted to go away? A. No; he said he took it to take care of it—the prosecutor was drunk, as far as I
could see—I only knew one person who was there, a butcher, who has been acquitted here.
Prisoners Defence. I fell in with the prosecutor—we were drinking all the morning—I asked him to come and breakfast with me—he said no, be would not, he would have more beer—he went into the Crown, and put his head down on the table—the people were about him like a swarm of bees; and this man, who comes against me, was one of them, and the rest were like him—I knew if I did not take this watch it would soon be gone, and I took it for safety.
NOT GUILTY .
HENRY CURWEN CHRISTIAN . On the 1st of Jane, I was in Great Queen-street, at six o'clock—Mr. Cook, who was walking with me, said, "Your pocket is picked"—I turned, and saw the prisoner running away—I went after him—he turned, and threw my handkerchief down—I took it up, and followed till he was taken.
Prisoner, Q. Were there no other boys passing? A. Yes, there were.
Prisoner. The handkerchief was thrown down at my feet. Witness. I saw you with the handkerchief in your hand, and you threw it down.
GUILTY . Aged 19.— Confined Six Months.
STEPHEN FLEMING . I am constable of Hornsey. The prisoner was given into my custody on Saturday, the 6th of June, by Mr. Arnold, upon the charge of stealing his mare—I searched him, and found a duplicate and a Smithfield horse-ticket, in a bag containing some linen—I took charge of the mare for the prosecutor.
JOHN ARNOLD . I live at Old Weston, in Huntingdonshire, seventy miles from London, and am a miller—I lost a mare on the 6th of June—I had seen her safe on Friday, as late as nine o'clock—she was turned into a little paddock—the gate was shut; she could not stray—I missed her about six o'clock in the morning—I came off immediately to London, on the Boston coach—at the Wellington-bar I saw the mare—I knew her immediately—she was grazing, and the prisoner was lying on the grass—she seemed to have sweat a great deal—I took hold of the mare, and he asked what I was going to do—I said if he would come with me I would tell him—he followed me a few steps, then turned into Mr. Johnson's fields—he then ran about a furlong, and was stopped by a person—I accused him of stealing the mare—he said he hoped I would forgive him—it was accidentally that I found her—I did not know the prisoner—I gave the mare up to the officer.
HENRY WILSON . I am toll-keepcr of Wellington-bar, near Highgate. About eight o'clock I heard a cry of" Stop thief"—I went out, and caught, the prisoner, and held him till Mr. Arnold came up—he resisted, and tried to throw me down.
WILLIAM JACKSON . I was at the bar, and helped the toll-keeper—I saw the mare pass the Wellingtou-gate—the Whetstone-gate, clears that bar—the prisoner was riding on the mare—he showed me a ticket of the Whetstone-gate
stone-gate—it was a brown mare—after he had gone through the gate, I went into the toll-house; and in half an hour I saw Mr. Arnold on the mare, and the prisoner running after him.
GUILTY . Aged 56.— Transported for Life.
EDWARD Fox. On Friday evening, the 29th of May, I was walking in St. Paul's Church-yard—I felt something at my pocket—I turned, and saw the prisoner walking very deliberately—I could not think it was him—some labouring man told me that he had taken my handkerchief—I took him—he at first denied it; he then gave it up to me, and begged I would let him go—this is my handkerchief.
(James Bartholemew, a paper-stainer, gave the prisoner a good character.)
GUILTY . Aged 20.—Recommended to mercy— Confined Three Months.
CHARLES JAQUES BEAUMONT . I was in King-street, Smithfield, at half-past nine o'clock in the evening of the 22nd of May. I felt something in my pocket—I turned round, and saw two young men—one had my handkerchief—I took the prisoner, who gave it to his comrade—I have never got my handkerchief since.
Prisoner's Defence. I was going by the gentleman, a boy ran by him, and he laid hold of me.
GUILTY . Aged 17.— Confined Six Months.
RICHARD DRAPER . I am a leather-seller, and live in Church-lane, Whitechapel. On the 29th of May the prisoner came to buy some leather—he had been twenty times before—he bought two pieces—they came to 11d.—while he was looking at the bin, I saw his hand go to his pocket four times—he paid for what he had, and was going—he went to the step of the door—I said he had got some more—he said, "Have I?" I put my hand to his coat, and found two pieces; he then drew out two more himself—these are the four pieces—they are worth 2s. 3d.—I have one partner.
Prisoner. I put the leather into my pocket, certainly, but I had not got off the door, nor near the door, when he stopped me—I concealed them about my person, certainly.
GUILTY . Aged 35.— Confined Three Months.
April, 1828, I witnessed her marriage to the prisoner, at Stepney church—the prisoner was a journeyman weaver—his wife was servant to Squire Skilbeck—they lived together as man and wife, and had one child, but that is dead lately—they did not live very happily together—I do not know when he left my sister-in-law—he followed the weaving a short time—I believe she left service and kept his house—she is alive and is here.
FREDERICK POOLE . The prisoner is ray son—I heard of his first marriage, but was not present—they lived together as man and wife—I was present at his marriage on the 25th of June, at Leyton, to Emma Louisa Hawke—I cannot say what year it was in—I did not take that notice—they have been living together ever since.
ELIZABETH POOLE . I am the prisoner's mother. He has been guard to an omnibus for three years—I was present when he was married to Emma Louisa Hawke, at Leyton Church, Essex, but did not notice the year—I knew he lived with Mary Blazby—she passed by the name of Poole—they said they were married, but I did not know that.
WILLIAM ACTON EVANS . I am deputy clerk to the parish of Leyton. I have the book of marriages (reads) "Frederick James Poole and Emma Louisa Hawke, were married on the 25th of June, 1833,"—he is described a bachelor, and she a spinster.
EMMA LOUISA HAWKE . I married the prisoner at Leyton, in Essex, in June, 1833—before I married I was in a situation as nurse—I knew the prisoner five weeks before I married him—I did not ask him whether he was single, but I took him as a single man—we have lived together ever since—he has been a good husband, a good father, and good provider—I have had one child.
(The prisoner put in a written defence, stating that his first wife had deserted him and cohabited with another man.)
GUILTY . Aged 26.— Confined for Two Years.
1404. WILLIAM SINFIELD was indicted for stealing, on the 16th of May, 3 tips for hats, value 3d.; 3 yards of binding, value 3s.; 3 patches for hats, value 3d.: 3 sides for hats, value 4d,; 20 pieces of leather, value 4s.; 50 bands, value 6s.; 16 pieces of cloth, value 1s.; 11 tips for hats, value 1s.; 16 yards of shag, value 2l.; 12 bodies for hats, value 12s.; 3 yards of riband, value 3d.; and 1 piece of pasteboard, value 18d.; the goods of Frederick Wilkinson Wood, his master.
MR. CLARKSON conducted the protecution.
FREDERICK WILKINSON WOOD . I am a hat-manufacturer, and live in Skinner-street, Snowhill. The prisoner was in my service, and had been so since September last—I engaged to give him 30s. a week, but he was not to make a hat for himself, or for any one else—on the 31st of May, I returned from the country—there were some words between the prisoner and the workmen—the workmen put on their hats and were going away—I said it was very unhandsome, as I wanted a great deal of work, and they knew by the rules of the trade I could not set any person to finish another person's work—they then said the prisoner had not done the thing
that was right—I said nothing to the prisoner then; but on the Tuesday he said he was going to the Epsom Races on the Thursday following, if he got his work finished—he finished his work, and went; and then I made inquiries—he came to work on the Friday, and I called him into the counting-house, and said, "Sinfield, you do not know how hurt I have been at your conduct; how can you account for taking my apprentice to work at your house?"—he said he wanted a dozen hats made, and as the apprentice was going to have a holiday, he told him if he would go to work at his house he would pay him—I said, "It was very wrong, where did you get your willows from?"—he said, "From here, Sir"—I said, "Where did you get your brims from?"—he said he had some old materials about—I said, "Don't say that, the apprentice will prove that you took it from this piece "—he then said, "I had not enough, and I took the remainder from here "—I then said, "If you are an honest man, you can have no objection to my searching your house"—he said, "Certainly not; but you cannot go directly, my wife is not up "—I said, "I will go and see, and rap her up "—I went, and his wife was in bed—I told her she was wanted directly—I returned, and met the prisoner running, and the officer after him—he ran past me—the officer said, "You must not lose him;" and we followed him into his house, No. 27, Hosier-lane—we found he had got a workshop there—the officer found there a quantity of cotton shag, some silk shag, some tips, and other things—I said, "Where did you get these?"—he said I had allowed him five yards and a half to cut out a dozen hats, and by his ingenuity he could cut them from less, and he had taken the remainder as a perquisite; but some of the pieces were three yards long, which a man could not have left from five yards and a half—in another room we found some tips, lining, and other articles, which I have here—we then found some other leather and trimmings which had my mark on them.
Cross-examined by MR. PHILLIPS. Q. Were you in the habit of sending some work to the prisoner's house to be done? A. Certainly; I give his wife a great deal of trimmings—I have sent her half-a-dozen hats at a time to trim, or a dozen—I did not tell the prisoner I would allow him 5s. a week to do another man's work—I said as the busy time was coming on, I would allow him 35s. a week, and he was satisfied—there was no written agreement about it—he had been in business before I engaged him—here is one leather with my own writing on it—I used to send articles to his wife to work, with my name on them—this one article cost me 3d.—I will swear he could not have any thing left out of five yards and a half.
ELIZA RICE . I work as a trimmer for Mr. Wood—the prisoner worked there—on the 16th of May I saw him bring in some hats—I asked him if I was to trim them—he said, "No," he was going to send them to his wife—I said it was very strange.
Prisoner's Defence. He has been in the habit of sending half-a-dozen hat trimmings, or more at a time, to my house; there was sometimes two or three leathers over, and sometimes less; and it is very easy to see that a few leathers might have been left—I had no idea of tipping when I went; but he said if I would do it, he would give me half-a-crown a dozen, which I did; and then he said he could not afford that, he would give me 5s. a week—I felt disappointed, but I still remained with him.
NOT GUILTY .
OLD COURT.—Wednesday, June 17th, 1835.
Third Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 27.— Transported for Life.
1406. EDWARD SPATE was indicted for stealing, on the 18th of May, 1 watch, value 20s.; 1 watch-ribbon, value 1d.; 1 seal, value 2s. 6d.; 1 key, value 6d.; and 1 composing-stick, value 6s.; the goods of Charles Morgan; and that he had been before convicted of felony.
MARIA THOMPSON MORGAN . I am the wife of Charles Morgan, a printer, in Cobourg-street, Clerkenwell. He has been acquainted with the prisoner several years—I had only seen him once myself; that is two years ago—on the 18th of May, he called on me: my husband was out—I was in the parlour, lying on the sofa, very ill—he said he came to see me out of pure respect to Mr. Morgan, as he respected him more than any other man in the office; and he had been more kind to him than any other man—I said I had no recollection of him—he told me his name—I then recognised him—I told him my husband would not be home until half-past one o'clock to dinner—I think this was about ten o'clock—he said he was not in a hurry, he would wait, as he wished to see my husband out of respect—I asked him to take a seat, which he did—there was no one else in the room at the time—the prisoner remained there till a little after twelve o'clock—my mother came at twelve o'clock—she came and sat close to me and never moved from her chair—I never left the room—at twelve o'clock I saw the watch hanging up safe—the prisoner sat under it—he said to me, "Shall I empty the composing-stick for you?"—he afterwards got up, and walked into the passage with his hat in his hand—I said, "Edward, are you going?"—he said, "Yes"—I said, "When will you call to see Mr. Morgan?"—he said, "To-morrow, at one o'clock;" but he never came at all—he had not left the house two minutes, before I missed the watch—there had not been a creature in the room except my mother and myself—the composing-stick which he had been using was also gone.
Cross-examined by MR. BODKIN. Q. He were to return next day, and did not come—was he not prevented by being token into custody on this charge the same night? A. Yes—my husband is reader to a printer, and he does some printing himself—we have printing materials in the room, and he seeing me ill, offered to do some business in the printing, and did it—he wished me to go to bed, and leave him to do it—I have three lodgers, but no servant—my step-daughter acts as servant—at eleven o'clock in the morning, a lodger named, Irish, asked me the time—he came to the door to ask the time twice that morning—he came into the room once, and to the door another time, but before the watch was missed—I saw it safe at twelve o'clock.
COURT. Q. You have said, when your mother was in the room, and the prisoner was there and yourself, it was a little before twelve o'clock; and you saw the watch safe then? A. Yes; nobody after that came into the room till after the prisoner left, and it was missed—Irish was not in the house then.
JOHN WOODWARD. I am a policeman. I apprehended the prisoner on
Monday night, the 18th, in Whitecross-street—I found nothing but 1s. 6d. on him—the watch has never been found.
GUILTY . * Aged 17.— Transported for Seven Years.
WILLIAM EDMUND WHITELOCK . I am a haberdasher, and live in the Strand. On the 8th of June, the prisoner came to my shop to purchase a pair of braces—he went out again, and returned in five minutes, and asked me to change them, which I did—he said he should like to look at a pocket. handkerchief—there was one in the window; he thought he should like—I turned to get it out of the window, and, on turning again, I saw him draw his own handkerchief to his side, as if he was concealing something in it—the counter was strewed with goods, and I suspected him—he directly said, "I will call another time"—I seized him by the collar, and said, "What have you there?"—he said, "Nothing, but my own handkerchief"—I called my young man, and took the handkerchief from him, and told my young man to open it, which he did, and found a piece of handkerchiefs, which was mine—here it is.
WILLIAM DONKIN . I am shopman to the prosecutor. My master served the prisoner—I heard him ask the prisoner what he had got there—he said it was nothing but his own property—I found this piece of silk handkerchiefs concealed in his own handkerchief.
Prisoner's Defence. I went to buy a pair of braces, and gave 2s. for them—I saw some handkerchiefs on the counter—I laid my own handkerchief on the counter—I bought the braces, and took my own handkerchief up, and in mistake took these handkerchiefs up underneath—he said, "You have got something not your own"—I said, "I do not know what I have got, except my own handkerchief. "
GUILTY . Aged 17.— Confined Six Months.
1408. GEORGE PAYNE was indicted for stealing, on the 9th of June, 1 watch', value 5l.; 1 watch-chain, value 5l.; 2 seals, value 2l.; and 2 watch-keys, value 1l.; the goods of Moses Abraham, from his person.
MOSES ABRAHAM . I am an attorney. On Tuesday, the 9th of June, about a quarter past ten o'clock in the morning, I was in Charter-house-square, with my son, who was a few paces before me, with my bag—the prisoner came up to me, and snatched my watch from my fob—he did not exactly strike me a blow, but he took my watch—he came in contact with me—he met me—he was in company with another man of the same description—he appeared to be going to give the watch to the other man, but I followed him, and forced it out of his hand, and broke the chain in doing so—I gave an alarm, and sent my son for a policeman, who took him into custody—the other man made his escape—he took it momentarily.
Prisoner. I was very much intoxicated—my mother has lately died, and I have been intoxicated ever since. Witness. He got about four yards from me, before I seized him—I detained him by force till an officer came—he appeared drunk at the station-house, but I did not notice it before.
BENJAMIN FARROW . The last witness came to me in Charter house-square, and said his father was robbed of his watch—I ran to the place, and found the prisoner in custody—the watch chain was broken—I asked him what he did it for—he said, "I did it on purpose to be taken—I wish to be sent out of the country"—he was not drank but he pretended to be so when he got to the station-house.
GUILTY . Aged 25.— Transported for Fourteen Years.
Before Mr. Justice Park.
1409. MANUEL LOPEZ was indicted for feloniously breaking and entering the dwelling-house of John Knill Kinsman and another, on the 4th of June, at St. Giles' in the Fields, and stealing therein, 4 coats, value 13l.; 6 pair of trowsers, value 6l,; and 3 waistcoats, value 1l. 10s.; his goods.
WILLIAM RABONE . I am servant to Mr. John Knill Kinsman, at No. 57, Lincoln's Inn-fields, in the parish of St. Giles. On Thursday evening the 4th of June, I was sent out by my master, and when I came home, I met the prisoner about three hundred yards from master's house—he had a bundle with him—I did not know him before—after I had got home, the servant told me something, and I proceeded up to master's bed-room—I found the clothes taken from the wardrobe—I missed trowsers and coats—I did not examine to see the exact number—I proceeded down, and informed my master, and then went with all possible haste to overtake the prisoner, but could not—the bed-room is on the third floor—my master was sitting on the first floor—I did not see the prisoner again till he was taken into custody.
MARY ANN SPILLMAN . I am servant to Mrs. Dower, a laundress, who takes care of these chambers. On Thursday evening last, I was proceeding up stairs to the second floor chambers, and met the prisoner on the stairs—it is a public staircase to all the chambers—he was coming down, and had a bundle with him—he ran past me—the prosecutor's chambers are on the first and third floor—Rabone came in soon after, and I told him what I had seen.
COURT. Q. Had you the care of the chambers? A. Yes; I do not know whether the room on the third floor was shut up.
Prisoner. I was never in the house in my life. Witness. To the best of my knowledge he is the man—I have not a doubt of it—the chambers on the third floor lock; the key is generally put over the door, on a ledge.
JAMES WATSON . I am shopman to Mr. Lloyd, a pawnbroker, at Strutton-ground, Westminster. On the 4th of June, about nine o'clock in the evening, the prisoner came and pledged a coat, waistcoat, and trowsers, in the name of Manuel Lopez—I produce them—I gave him 30s. on them—I am sure he is the man—on the day following I received a bill describing the property lost, and gave information—I went with a constable in search of the prisoner, and in about an hour, in consequence of information, I went back to the station-house, and saw the prisoner coming in a direction of the station-house, apparently drunk—I pointed him out to the officer, who took him.
WILLIAM CLIFTON (policeman B 50.) I apprehended the prisoner—I found on him a silver watch, a gold seal, and a tobacco box—he had on a pair of trowsers, which are identified by the prosecutor—also a waistcoat—I told him what I wanted him for—he said, "Oh, this is one of the coats," and pulled it off immediately—that was in the station-house.
Prisoner. The black coat is mine, Witness. He said this was one of the coats that were stolen, and pulled it off; but I believe it was not one of the stolen coats,
HENRY GIBSON . I am shopman to Mr. Jones, a pawnbroker, in Tothill-street. The prisoner came to the shop on the 5th of June, about twelve o'clock, and pawned a coat for 12s., in the name of Manuel Lopez—I produce it.
GEORGE WARD (policeman B 2.) I went to the prisoner's lodging about half an hour after he was apprehended—it is No. 3, Paradise-row, Palmer's Village—I knew he lodged there before—I found in a box, under a table, two pairs of trowsers, a waistcoat, and a coat.
GUILTYof stealing only. Aged 36.— Transported for Seven Years.
JAMES THOMAS BERKLEY . I am a stockbroker, and live in Threadneedle-street. About the 10th of April, I had two paintings in my office, between the hours of four and five o'clock I left them safe, and in the morning at ten o'clock, when I came to town, they were gone—I made inquiry, but could ascertain nothing about them, until the day before yesterday, when the policeman came to me, and in consequence of what he said, I attended this court.
WILLIAM CLIFTON . I went to Mr. Berkley's the day before yesterday—I had seen the pictures in the prisoner's premises, but did not bring them away myself—I saw them in his room when I went about the last case—Ward brought them away—seeing the name of the painter, Huggins, on the pictures, we went to Huggins, and in consequence of what his son stated, I went to Mr. Berkley—I had no conversation with the prisoner about them.
GEORGE WARD . I am a policeman. I brought two paintings away from the prisoner's apartment, with several other things—here are three paintings, but one we have not found the owner of—it is a foreign piece—I found some letters in his box.
Prisoner, I know nothing about them.
GUILTY . Aged 36.— Transported for Seven Years longer.
Before Mr. Baron Gurney.
1411. GEORGE BROWN was indicted for feloniously breaking and entering the dwelling-house of James Ford, about one in the night of the 6th of June, at St, Mary-le-bone, with intent to steal, and stealing therein, 1 knife, value 1s. 6d.; 1 sovereign; 1 sixpence; and 4 pence; goods and monies of George Harvey. The prosecutor did not appear.
NOT GUILTY .
Before Mr. Justice Park.
1412. JAMES MANNING was indicted for that he, on the 20th of May, at St. Sepulchre, feloniously did forge a request for the delivery of goods, to wit, 28lbs. weight of hyson tea, and 28lbs. weight of flowery pekoe tea, with intent to defraud Bernard Bedwell and others.—2nd COUNT, for feloniously offering, uttering, disposing, and putting off a like forged request, well knowing it to be forged, with a like intent.
EDWARD EDMONDS . I am in the employ of Bernard Bedwell, Phillip Bedwell, and Charles Yates, wholesale grocers, St. John-street, Spa-fields. On the 20th of May the prisoner came to the warehouse at a quarter after five o'clock in the evening—he brought a letter, which I produce—it was wafered—it was directed to the firm—I asked him if it was an order—he said it was, and asked if there was time to get a permit that evening—I told him that there was: we could draw a permit until seven o'clock—he said, "Will the goods be ready in half an hour? we are going to Cripplegate-buildings, and will call as we come back"—(he had a porter with him with a knot)—the note was opened in the prisoner's presence, and he said he would come for them in half an hour—I said they would be ready—the note was opened by Hodson, but in the prisoner's presence I am certain—it was not read in his hearing—they went away, leaving the note—when they were gone, I examined it more particularly—it purports to come from John Goodhart, of Lamb's Conduit-street, who is a customer of ours—it was spelt Goodheart, instead of hart—in consequence of that I sent to Mr. Goodhart by our porter, Wilson; and Wicks, one of his shopman, came—the note was returned to me before the prisoner returned, and when he came, he asked if the things were ready—I said, "Yes; walk in, we wish to speak to you respecting this letter"—I handed him into our show-room, and shut the door—I called in Duncan, one of our clerks, and told Goodhart's young man to go into the show-room to him, which he did, bat I was not present there—I went about five minutes, and he said Mr. Wilson gave him the letter—he did not say who he was, or where he lived—he had seen the order at that time.
Prisoner. Q. When I came back, I asked him if Wilson had not called there. Witness. He did not—to my belief, Wilton's name was never mentioned till after I went into the show-room.
THOMAS DUNCAN . I am a clerk to Mr. Bedwell. I was in the ware-house when the prisoner came back—I had seen the order in the mean time—I went into the show-room with him—the note was there—Mr. Goodhart's clerk came into the room—the order was presented to the prisoner—he took it in bis hand, and read it—he was asked if he had brought that order—he said he had—he was asked what he was going to do with the goods—he said he had received the order from a person named Wilson—that the goods were to be taken up to Mr. Goodhart's, and Wilson would arrive there before him—when Goodhart's young man came in, the prisoner said to him." Mr. Wicks, how do you do? "and at that moment became embarrassed, and said, "I hope you will forgive me"—he was asked if he knew the order was a forged one—he said he was not aware, of it, as he did not write it—that he received it from Wilson, at the bottom of Charterhouse-lane—the goods would have come to 20l. or 24l.
Prisoner. Q, I suppose all this took place in the presence of Goodhart's young man? A. Not all—I do not recollect your saying you hoped he would forgive you as you did not know it was forged—there were two perin the room besides myself part of the time.
nobody in my house authorized to issue orders in my name, without putting "pr., procuration"—it is not the handwriting of any body in my employ—there is nobody named Wilson in my business—I did not expect such a person at my house that afternoon—I know the prisoner by his calling at my house to see Wicks, my shopman, two years ago—I have not seen him since—I do not know what he is—I never had any dealings with him—I have dealt with the prosecutors for seven or eight years—I never spell my name with an e (order read.)
"Gentlemen,—Please to send by bearer the following goods, the best quality—and lowest price, only the description marked on the parcel—28 hyson, 28 flowery pekoe.—Your most obedient servant, John Goodheart, Lamb's Conduit-street."
Prisoner. Q. Did not I request you to go where Wilson had appointed to meet me ? A. No; he never mentioned a word to me about him, nor any thing else—he never spoke a word to me, except that he wished to speak to Mr. Goodhart's clerk, and I let him stop to speak to him.
Prisoner to DUNCAN. Q. Did I give you a description of Wilson? A. No; he said he was to meet Wilson that evening, at nine o'clock, in Wood-street, but gave no description of what part of the street.
Prisoner's Defence. On the 20th of May, as I was proceeding to the west end of the town, I promiscuously met Wilson on the other side of Smithfield, and a porter with him. I had not seen him for some months—he appeared in a great hurry—after a few minutes' conversation he requested me to deliver the note for him—I said I would—he gave me the note and said, "The porter will go with you; I am in an immediate hurry, I am going down Cheapside into Wood-street"—I understood he meant to say he lived in Wood-street—he said he would meet me there in three-quarters of an hour, and if not between eight and nine o'clock—I never knew where he lived, except that he told me the last time I saw him that he lived at Barnet; and likewise at some other part of the country—when I took the note to Bedwell and Yates, I delivered it to the young man—I was going away—he directly opened it, and said, "Who is it from?"—I said, "From a young man"—I don't recollect that I mentioned the name at the moment—I was asked whether it was private or an order—I said I supposed it was an order—the porter was standing at the door, and said, "Mr. Wilson will be waiting for you; if you will go down, it is the first house on the left-hand side"—I had before asked Wilson which house it was, and he said the first house after coming out of Cripplegate—I went down there and waited half or three-quarters of an hour, but did not see him—I returned again, and was going to the west end of the town—Mr. Bedwell's house was just in the direction I was going—I went in, to ask if Wilson had called there, as he had told me he should call there after meeting a friend in Wood-street—I did not ask if Wilson had been there, but if the young man had been there—one of the young men laid his hand on me, and said, "I want to speak to you"—I walked into the room—they questioned me respecting the contents of the note, which I acknowledged I did not know—after their explaining to me the contents of it, I said I did not know the particulars, but, meeting him with an apron on, I supposed it was an order—when I came back I was detained—the porter was standing at the door when I came in, but he was not the man who was with Wilson when I first met him—if they had stopped that man as well as me, he could have
explained where he met Wilson, and given the full particulars; for I suppose he bad been waiting there all the time I was absent, which was three-quarters of an hour—when I saw the porter there I did not know at the moment whether he was the man who bad been with Wilson; but they said, "There is a porter outside; is he the man?"—I said I had not seen him, and one of the young men said he had run away—I certainly said I hoped they would forgive me for receiving the note, as I did not know it was forged—being so well acquainted with Mr. Goodhart's name, I knew how to spell it as well as my own—it would be most unlikely I should spell his name wrong if I had written it.
GUILTY on the Second Count. Aged 28.— Transported for Life.
Before Mr. Baron Gurney.
EPHRAIM GOATLY . I am a boot and shoe-market, and live in Great Russell-street. The prisoner has been in my employ about two months—he came on the 9th of March, and left on the 21st of April—he was errandboy and porter—he had access to my stock—I did not miss this property till an hour or two after he left—he went away without notice, and then I began to make search.
THOMAS WINDSOR ALLEN . I am assistant to my father, a pawnbroker, in Clare-street. I have a pair of new shoes, pawned on the 12th of March for 2s. 6d., by a lad, who I believe to be the prisoner—it was a lad of the same size and appearance.
HENRY PECK . I am foreman to Mr. Goatly. I know these shoes to be his property—when the prisoner was taken into custody, he said he had pledged a pair of shoes in Clare-street—I went to Allen's, and found them.
GUILTY . Aged 18.— Transported for Seven Years.
EPHRAIM GOATLY . I am a boot and shoe-maker. The prisoner was in my employ—he came on the 9th of March, and left on the 21st of April, without notice—on his leaving, I missed eight or ten pairs of shoes, and a pair of boots—we went to his lodgings, and found he had absented himself from there—he was apprehended last week, having returned to his lodging.
Property produced and sworn to.
GUILTY . Aged 18.— Transported for Seven Years longer.
Before Mr. Baron Gurney.
THOMAS HATTON . I am a servant out of place. On the 18th of May I was going home to Tottenham, about ten o'clock—the prisoner came up to me in the Kingsland-road, and asked me to go with her—I refused, and said I had no money—she said she knew I had some—I said I had but 6d.—she said that would do—we went to the back of Acton-place, and while I was with her there she drew my watch—the policeman came down at the time, and I ran away—a few minutes after that I missed my watch—I did not feel it taken—I did not perceive her take it from me—she felt in my pocket, and said she knew I had some halfpence, and I said, "No," it was my watch—I did not unbutton any clothes, except my flap—I saw a policeman come, and then I ran a few yards, and missed my watch—I went to the policeman and told him—he went in search of her, and found her at one o'clock the next morning near Shoreditch church—I found my watch at a pawnbroker's—I had never seen her before—I am quite sure she is the person—it was a wet and dark night.
DENNIS LEARY . I am a policeman. I saw the prisoner and prosecutor at the back of Acton-place, Kingsland-road, standing together in a gateway—as soon as the prosecutor saw me he ran away—the prisoner came towards me—she got up on the road—I went round my beat about twenty yards, and met the prosecutor, who said his watch was stolen—I went in search of her, and found her at her lodgings about three hours after.
Prisoner's Defence, I know nothing about it—I never saw the watch.
NOT GUILTY .
Before Mr. Justice Park.
1416. MARY WEATHERSTONE was indicted for stealing, on the 26th of May, 1 pair of gloves, value 2d.; 7 keys, value 1s. 6d.; 4 half-crowns, and 7 shillings; the goods and monies of William Ince, from his person.
WILLIAM INCE . I am a tailor, and live in Caroline-street, Commercial-road. On the 27th of May, I was returning home, and met the prisoner about twelve o'clock at night, and was with her until four o'clock—I had been drinking, but was sober when I met her—there was another woman, and I believe a man, in her company—we went to a public-house and drank together—we then went to a house which the prisoner resorted to—the other woman, and two men went there with the prisoner and myself—it was a court in Brook-street, Ratcliff—we went on the first floor—we were all in one room, and on one bed in the room—I sat myself on the foot of the bed, and laid down on my back, with my clothes on, for some time—the prisoner was sitting at the other end of the room, and the other woman sat on the foot of the bed, on the right side, with me, and laid down with her clothes on—I did not unbutton my clothes—nothing took place between me and the woman—I was dozing, and was disturbed by the prisoner's hand in my coat pocket—I caught her hand in my coat pocket—
my gloves had been in that pocket, 4 half-crowns and 7s. were inside one glove, and that glove was put inside the other—I had a shilling in my waistcoat pocket—when 1 found her hand in my pocket, she ran down stairs directly—I missed my gloves and money—I ran down after her, and saw her turn to the right—I lost sight of her in less than half a minute—I ran up stairs, and asked the two men and woman if they wished to see me robbed—I ran down stairs again, and they followed me—I missed a bunch of keys when I examined further.
Cross-examined by MR. PAYNE. Q, What time was it when you first went to this house? A. I think from half-past twelve o'clock to half-past one—I live about ten minutes' walk from the public-house where I bad been drinking—I was not tipsy—I had been drinking for three-quarters of an hour at the most—I believe I took both spirits and beer—I suppose I did not take more than two glasses of gin—I cannot tell how long it was from the time I went to the house till I found her hand la my pocket—there was no clock in the place—I was dozing, and half asleep—I laid with my coat-skirts turned up under me—directly I caught the prisoner's hand in my pocket, I jumped up—the woman, who was by my side, was completely awake—the two men were sitting at the other end of the room—I had seen the other woman before—I do not know her name—I do not suppose I had spoken to her above once or twice before—I went into the public-house alone—I do not think I gave the prisoner any drink—I gave the others some—I drank about half a glass of gin at the house—I did not accuse the other woman of robbing me—I struck her, but did not charge her with having robbed me—I have resided in the parish of Stepney twenty years—I was not tipsy at the time this took place, or I could not give a description of the money, gloves, and keys directly they were found—the prisoner ran down stairs directly I caught her hand in my pocket—she could not get her hand out directly—I believe they were singing in the room some time, and the time passed away—I saw the other woman here to-day.
SIMON O'DRISCOL . I am a policeman. I heard a woman screaming, between three and four o'clock, and proceeded to the court in Brook-street—I found the prosecutor holding the prisoner—he gave her in charge for robbing him of 16s. or 17s., and a pair of gloves—I called in another officer, and left him there while I took the prisoner to the station-house—Ince went with me; and she told him, on the road, to stick to her as tight as he could—she appeared jeering him—I went back to the house afterwards, and found a bunch of keys down the privy—a person would pass the privy to come from the house into the street.
Cross-examined. Q. You saw Ince having hold of the prisoner; where was that? A. By the door of the house, No. 4, in the court, near the privy—I saw another woman, but no man—he said she had robbed him, and he should see it all right—she made him that answer—I understood her to mean, to put him at defiance.
COURT. Q. Besides the keys found in the privy, did you find any thing else there? A. My brother-officer, Wells, took a glove from the tiles, and gave it to me—there was nothing in it.
MR. PAYNE. Q. How high were the tiles? A. Any man might reach to them.
JOHN JAMES . I am a policeman. I went to assist Driscol—I remained at the house while they went to the station-house, and continued in sight of the privy—nobody went there while Driscol was absent—I found a
glove on the rafter, under the tiles—there were two half-crowns and seven shillings in the glove.
Cross-examined. Q. Was the prosecutor sober? A. Yes, when I saw him, which was between three and four o'clock—I found the glove about eight feet from the ground—there was just room between the tiles to get my finger in—the glove must have been pushed in—a person could stand on the seat and push it in.
MARY ANN OSMOND . I am the wife of a policeman. I was called is on the morning in question to search the prisoner—I found two half-crowns in her stocking—she had before that taken every thing else off, but seemed unwilling to pull the stockings off—she said, "If I must take my stockings off, there are two half-crowns in one of them; but they were given to me before, in Limehouse-fields"—she said she had received them that night, before she had seen the prosecutor.
Cross-examined. Q. At what time were you called in to search her? A. At four o'clock, as near as I can guess—she would not let me take the stockings off.
HARRIET NICHOLSON . I rented the room which the young lass came in—I and the prisoner were in the public-house having some drink, and the prosecutor was there—we drank with him, and he went up into my room—he was very much in liquor—he went there between two and three in the morning.
COURT. Q. You were in the public-house together, and he went to your room? A. Yes, and had 6d. worth of liquor—after he came to my room we all laid on the bed—all five of us on one bed—we laid down, but not to sleep—he was very much in liquor, and laid down—there was a friend of his in the room, whom he brought with him—there were two men in the room and himself, and us two lasses—neither of the men were acquaintances of ours—I did not take them there—they went with the prosecutor—I have not seen either of them here to-day—the prosecutor beat me very much at the door, and first accused me of the robbery, and then he accused the prisoner—he gave me a dreadful black eye and swollen face—I was obliged to go to the doctor's.
GUILTY . Aged 19.— Transported for Fourteen Years.
Before Mr. Baron Gurney.
WILLIAM SHEATH . I am in the service of James Brown, a linendraper, in High-street, Shadwell. On the 10th of June I was in the window, and observed three persons outside, pulling a piece of print from a rail, which goes from inside the shop round the door-post—I watched them—they drew it off, and I saw Proctor conceal it under his dress—they all three walked off—I ran after them—Middleton was one of them—they all three acted together in pulling it down—I pursued them to the next door and collared the prisoners—Proctor let the piece of print drop—I held them till assistance came—Proctor tried a good deal to get away—this is the print—it is my master's property.
Proctor. Q. Did you see me touch the print? A. They were standing close together, all three pulling it, and the third one looking in at the door, to see that nobody noticed them—I am quite positive both the prisoners pulled it.
Proctor's Defence. I was coming from the West India Docks, and was looking in at Mr. Brown's window—another person stood at the door, quite a stranger to me—I had not been there half a minute before a gentleman came and laid hold of me by the collar, and I asked why he collared me—he said he would let me know—he hauled me into the shop, and sent for a policeman, and told him to take the print which laid at Middleton's feet.
PROCTOR.— GUILTY . Aged 22.
MIDDLETON.— GUILTY . Aged 23. Transported for Seven Years.
Before Mr. Justice Park.
THOMAS NEWEN . I live in Euston-square. Davis lived with me in May, as footman, and had been so about three months—I have seen Shearing repeatedly at my house—I conceived he was aasisting Davis—he did not attend at table, nor was he a servant of mine—I heard Mrs. Newen ask Davis for some dessert-spoons, as there were not sufficient on the table on the 22nd of May—he replied that there were none—he had the charge of the plate—after dinner, I examined the pantry, and there was a deficiency of eleven dessert-spoons, three table-spoons, six tea-spoons, and three egg-spoons—I told him he must know where they were—he said he did not—I sent for an officer directly, and put him into custody; and before the officer took him away, he said he had pledged two of the spoons in the New-road, at Lance's, I think—he said he knew nothing of the remainder.
Cross-examined by MR. DOANE. Q. When you say, Davis told you he had pawned the spoons, who was present? A. I am not quite certain whether the policeman was present—he was close at hand—I am positive he confessed to two of the spoons being pawned—my impression is, he said he had pawned them—I may possibly be mistaken; he might have said somebody else pawned them—I did not know they were pawned—I said, "You had better confess where they are, and it will be better for yon"—I did not say I would forgive him—I recollect the cook being asked to have her boxes searched—she objected to the officer searching them, but not to her mistress searching them; and her mistress did search them.
EDWARD COE . I am a policeman. I was called into the prosecutor's house on the evening in question—he said he had missed a quantity of spoons, and wished me to question his man-servant and the females concerning it—I asked Davis if he knew any thing of the plate that was missing—he said he did not—I asked him when any of them were missed—he at first said the night before, and then the next morning—I asked him if he had had any person there—he said he had had a friend the night before, and the cook had had a friend likewise—I asked him if he had any reason to suspect his friends—he said he was certain they would not be guilty of such a thing—I asked him their residence—he said he did not know where they lived, nor their names; but he knew them at fellowservants
in some place—he mentioned the gentleman's name where they had been living, but I do not recollect it—I heard him tell Mr. Newen he knew four of the dessert-spoons were at a pawnbroker's, in the New. road—he did not give the name—he said he gave them to a friend of his, who was there the night before, to pawn them—I asked him about the duplicate—he said he knew nothing about the ticket—Mr. Newen was writing down, in his presence, what plate was missing—the prisoner took the pen from Mr. Newen's hand, and wrote down the name of "Robert Shearing," as the person who had pawned the plate, on the back of the paper—I asked him if he knew where he lived—he told me he did live at a coffee-shop in Soho-square, but he believed he had removed from there a fortnight before: and I had no occasion to go after him, because he would be there at eight o'clock that evening, to spend the evening with him—I placed another officer to wait for him at the door, and I took Davis to the station-house.
Cross-examined. Q, You say, he gave an account of the four spoons; was that in answer to a question put to him by his master? A. I cannot say, as I did not hear any question; but I heard him say he knew where four spoons were, I immediately came to him and said I should take him into custody from what I had heard him say.
CHARLES WOODHAM . I am in the service of Mr. Lance, a pawnbroker, in the Palace-row, New-road. I have three dessert-spoons which I took in pledge; two on the 28th of April, and one was taken in on the 4th of May, which I know nothing about—I lent 11s. on the two spoons on the 28th of April—Davis was the person who pawned them, in the name of Thomas Norton—I am certain of him.
Cross-examined, Q. At what time was it? A. To the best of my knowledge, it was in the middle of the day.
BENJAMIN KITCHEN . I am in the service of Mr. Cordwell, a pawnbroker. I have two tea-spoons, which were pawned, on the 7th of May, for 4s., in the name of Thomas Norton, by the prisoner Shearing; and two dessert-spoons, pawned on the 15th of April, for 10;., by Shearing also, in the same name—I have two others, which I did not take in, and do not know who pawned them.
CHARLES SNELLING . I am shopman to Mr. Whiskard of Charlton-street, Somers-town. I have a table-spoon; I did not take it in, but was present when Shearing brought it, on the 7th of May, and pawned it in the name of Samuel Norton for 8s.
HENRY WILLIAM MORRISON . I am a constable of Marylebone office. I went on Sunday night, the 31st of May, in the neighbourhood of Soho-square, to the Fish and Bell public-house, and there saw the prisoner Shearing—I asked if his name was Shearing—he said, "Yes"—I said I was an officer, and must take him into custody; he was my prisoner—he said, "Very well; I will go with you"—I said, "Need I tell you for what?"—he said, "I suppose it is about the affair In Euston-square"—I said it was—he said he knew nothing at all about it, and he would go with me—there had been an examination at the office a week before, and I asked him how it was he did not appear at the office on the morning Davis was brought there, according to his promise, as I understood he had promised to do so—he said, if he had, he knew he should be punished—I said he need not be afraid of being punished if he had committed no offence—he said, some time after, that is was in consequence of there being a warrant out against him for bastardy.
DAVIS— GUILTY —Aged 20.— Transported for Fourteen Years.
SHEARING— NOT GUILTY .
Fourth Jury, before Mr. Recorder.
1419. TIMOTHY GALWIN was indicted for feloniously and burglariously breaking and entering the dwelling-house of William Parker, about the hour of two in the night of the 19th of May, at Chris Church, Middlesex, with intent to steal, and stealing therein 11 table-cloths, value 11s.; 1 cape, value 1s.; 1 jacket, value 2s.; and 2 printed books, value 6d.; the goods of the said William Parker.
WILLIAM PARKER . I Keep an eating-house in Artillery-passage, Spitalfields, in the Parish of Christ Church. On the morning of the 20th of May, I came down stairs at seven o'clock, and found somebody had entered the house by the sky-light—I missed 11 table-cloths, a jacket which I was in the habit of wearing, the cape of a coat, and two books which I had bought as waste-paper—I had gone to bed about one o'clock in the morning—we always close the house about half-past twelve—these articles were safe in the house when I went to bed—they had been used the day previous—the sky-light was not fastened; it closes by a slide, without interfering with the slide it could not be opened—a hand might open it, by moving the slide—it was fastened as far as the slide went—it runs along grooves—I was the last person up at night—every thing was safe when I went to bed.
Prisoner. Q. Did you see me about your house? A. I have seen your face before, but never in my house.
JOHN DOWNS . I was on duty in Mansel-street, Whitechapel, on the morning of the 20th of May, about five o'clock, and I met the prisoner carrying this bundle—I asked him where he was going to carry it to, and what it contained—he said it was dirty table-cloths, and he was going to take it to Mrs. Mcarthy, in Blue Anchor-yard, Rosemary-lane, for Mr. Sullivan, who lived in Petticoat-lane—I went to Blue Anchor-yard, and ascertained there was no such person living there—I went to Mr. Parker's after taking him to the station-house, in consequence of some marks on the property—Mr. Parker described to me what was missing before I showed him the bundle, and it agreed with what was in the bundle, except a jacket, which the prisoner and on his person.
Prisoner. I came over to Petticoat-lane, and met a boy who said if I would carry the bundle to Blue Anchor-yard he would give me 2d.—I am in the habit of getting up early to work at the market—he took the jacket from under his own, and desired me to put it on—the policeman stopped me, and when I came to Blue Anchor-yard he was not there. Witness. He had the jacket on under his own—it was about five o'clock in the morning—he was about half a mile from Mr. Parker's—it had been light for about an hour and a half.
WILLIAM PARKER re-examined. There were forty-two more table-cloths done up ready to be taken away; by which I suppose they were disturbed—the person had fallen down, and broken all the gas lamps—these are all my property—I found a ladder up against an empty house, by which means they got to the skylight.
GUILTY of breaking and entering, but not burglariously.> Aged 16.
Recommended to mercy by the Prosecutor— Confined One Year.
1420. JOHN PARADISE, ALEXANDER DUNCAN , and SAMUEL BIRD , were indicted for feloniously breaking and entering the warehouse of Philip James Luntley, on the 17th of May, at St. Michael, Queenhithe, London, and stealing therein, 2 engraved coppcr-plates, value 1l.; 1 coat, value 3s,; 3 keys, value 3s.; 2 drawers, value 2s.; 1 pair of scissors, value 1s. 6d.; 1 cap, value 1s., his property; and that the said Samuel Bird had before been convicted of felony.
PHILIP JAMES LUNTLEY . I am a refiner of castor oil—my warehouse is No. 16, Bread-street-hill—I do not live there—it is in the parish of St. Michael, Queenhithe—I closed my warehouse on the evening before the 16th of May—there is a house adjoining the warehouse, which Mr. Fox resides in, and it has a communication through the cellar—I missed two copper-plates, a coat, a cap, and a pair of scissors, on the Sunday morning when this was discovered—I was not the first person on the premises—I missed two card-plates, and a saw had been moved from its place—the card-plates cost more than 1l.—two drawers and two keys were moved.
JOHN TYREMAN FOX . I am a chemist, and live at No. 16, Bread-street On Sunday morning the 16th, I went into Mr. Luntley's warehouse, from my house—I observed several articles displaced in the counting-house—I informed Mr. Luntley—Smith the officer afterwards accompanied me—I found a saw removed, and placed against the half-shutter of the window where they had entered—the window has two folding-shutters inside, and they were closed on the Saturday evening—I found they had been thrust open—a small boy might get in through the iron grating outside—I examined the cellar, there are iron bars outside the cellar window—the space between them is sufficient for a small boy to get through—I think the younger prisoner could get through them—they must come through the bars to get to the shutters—there was no other mode of access that I could perceive—the premises are called a warehouse—there are castor oils and drugs kept there—a coat was missing, and a cap; some card-plates, and scissors.
WILLIAM SMITH . I am a ward-beadle of Queenhithe. I went with Fox to the premises, on Sunday morning, and kept watch, in consequence of information I had received, having discovered the premises open—I was on the watch until twelve o'clock at night, at the house opposite, and saw the prisoner Bird stop against St. Nicholas Olive's church-yard, and put his foot on a fire-cock—he was within sight of the premises—I passed him and went on; and a little before nine o'clock, I saw the other two prisoners go by the premises, but I did not see them do any thing,
ELIZABETH CLASH . I live opposite Mr. Luntley's. On Sunday morning I saw Bird coming down the hill, and Duncan sitting on the steps of Mr. Luntley's warehouse-door—it was about half-past eleven o'clock, as near as I could guess—he sat there more than a quarter of an hour—I saw Bird passing up and down at nine o'clock in the evening, and after that I saw both Bird and Duncan coming down the hill together—I saw nothing of Paradise.
WILLIAM CARTER . I lived at No. 2, Essex-street, Travers'-rents, Whitechapel, at the time in question—the prisoners lodged in the same house for a week before this happened—on Sunday-morning, the 16th of May, I saw Paradise with a velvet cap on—Bird had a dark-coloured close-bodied coat, and a pair of scissors—he offered them for sale to any body who thought proper to buy them—the coat was put into my hands—I was asked to buy it—I said I would have nothing to do with it, for I rather suspected how
it was—Bird went and sold the coat—I afterwards saw a pair of copper card-plates in his hand—I am no scholar, and could not read what was on them—they were engraved—Paradise asked Bird to give him the plates; he gave them to him, and afterwards he said, "Well, I do not see what I is the use of them; what are you going to do with them?"—Paradise said, "I do not see what I can do better than heave them down the privy "—I was sitting at breakfast, and said, "It is nonsense to throw them away they will fetch 1d. or 2d, for old copper"—he said, "Will you give a penny for them? "which I did—a man who was sitting next to me read the engraving, and in consequence of what he read, I went and took the plates to Mr. Luntley—only Bird and Paradise were present when this passed—Bird said they would go down there again at night, at there was a pair of scales, a saw, and an iron chest, which he dare say had some money in it, and they could break it open; and if there was nothing in it, there was the scales and the saw—I took the plates to Mr. Luntley, as the man next to me said he would be bound to say the man who lost them, would not lose them for a trifle; and as I heard them talk of going there again, I thought it right to take them to Mr. Luntley, to let him know, that he might guard his premises; I took the plates to Mr. Luntley—when I came home, Bird asked me what I had done with the plates—I said I had sold them—he asked what I had got for them—I said, 1s.—Bird asked me if I would go with them in the afternoon, and they would put a good job in my way—the whole three were together then—he would not say what it was.
Bird. Q. Was any body present when I said this? A. A man named Frank, as they call him, saw me buy the pistes—he is deputy—he acts for the landlord to keep the place in order.
WILLIAM GILLETT (police-Constable N 19.) In consequence of information from Carter, I went and watched in Mr. Luntley's cellar, about half-past seven o'clock on Sunday evening, the 17th of May; and a little before nine o'clock I was sitting at some distance from the shutters, where the saw was placed, and heard the saw rattle, and at the same moment I saw a great glare of light come in from the shutters, but no entry was made—but previous to going into the cellar, I saw the back of a man going by, and said, "I think that is one of them"—I remained out all that night with my brother-officer, but did not find them that night; but on the following day (Monday,) I took Bird in Fenchurch-street—my brotherofficer took the others—they were all together—Bird denied all knowledge of it, and said he was not there at all—I received these plates from Mr. Luntley—I had not seen any of the prisoners myself that night—I think the saw made noise enough to give an alarm, and prevented their coming in.
WILLIAM HOLLAND (police-constable N 146.) I was with Gillett, and took Duncan and Paradise—Paradise asked me what it was for—I said, "For breaking into a warehouse on Bread-street-hill"—he said he did not know any thing about it, nor where it was—Duncan said, "It is no use telling lies; we were there yesterday, you know, but we did not do any thing"—I was with Smith at the time he says, and saw Bird walk up towards the church.
Duncan. I said it is no use saying that, we were there yesterday—we passed down Bread-street-hill to go to Blackfriars-bridge for a walk. Witness. He said what I have stated exactly.
P. J. LUNTLEY re-examined, I received the card-plates from my father,
who is not here—he lives in Shoreditch—Carter took them to him—the address on one of them is, "No. 63, Shoreditch"—I missed them from the warehouse.
WILLIAM CHITTENDEN (Woolwich police-constable No, 1.) I produce a certificate, which I got from Mr. Clark's office—I was present when Bird was tried and convicted of felony—I took him into custody on the 10th of January, for stealing a pair of trowsers (read.)
Paradise's Defence. I lodged in the same house, but I was not in it.
Duncan's Defence. I lodge in the same house as Carter, but I deny all knowledge of the charge—I know nothing of the stolen property—nobody can swear I had the property, or ever entered the premises—I did go down Bread-street-hill to walk over Blackfriars-bridge, to see an uncle of mine.
PARADISE— GUILTY . * Aged 14.— Transported for Seven Years.
BIRD— GUILTY . * Aged 33.— Transported for Life.
DUNCAN— GUILTY . Aged 17.— Confined One Year,
JAMES GAWKRODGER . I am servant to John Giles Pilcher and Jeremiah Pilcher—in consequence of suspicion, I marked some pieces of indigo, in a chest in the colour-room, with chalk—I afterwards missed them—On Thursday, the 21st of May, the prisoner came down from the work-room—I watched him—he went into the colour-room—I went outside the warehouse to the window of the colour-room—the chest was under another window, right opposite the window I was at—I saw him lift up the lid of the chest with one hand, and put the other hand in—he closed the chest and took his paste-pot, and filled it with paste—he came and put down his paste-pot—then returned to the colour room—lifted up the lid of the chest again, and put his other hand in; but I could not see at either time whether he took any tiling out, in consequence of the lid—he closed the chest—I came round and met him at the colour-room door—he seemed much confused—I told my employers directly—his hand was all blue, and his shirt, wrist, and forehead—he worked up above—his business was with the black lead, he bad no business in the colour-room, but to fetch paste—he had been in the employ between four and five years—he was in the habit of putting his black lead box on a firkin in the work-room—he bore an honest character before this was discovered.
Cross-examined by Mr. CLARKSON. Q. Was there any reward stuck up in the warehouse for the detection of pilferers? A. There has been, but it was pulled down at the time the warehouse was painted, about six months ago—I suppose the reward still exists—I never had it in my head to think of any reward whatever on this occasion—I do not know the amount of it—I never inquired—I have seen the paper; but as to knowing what the reward is, I cannot tell—I pulled the paper down myself, about six months ago—the prisoner's employment was putting up black lead—I saw this a few minutes after twelve o'clock in the day—he passed me about nine yards from the room, and when he went in I walked outside—when he came out he passed me again—this was close by the room door—he took his paste-pot up, and away he went—he had brought the pot out first, and put it under the counter—he went into the room again—came out—took his paste-pot up, and went to work—he went to the chest before he went to the paste-pot—he shut down the chest before he filled his pastepot
—I saw nothing else in bis hand, but I was outside—I saw nothing in his hand when he filled his paste-pot—what he brought out I cannot say; but we found some indigo in his place where he worked—there is a doorway to it, but no door—any body could get to where he worked—I had been on the look-out from the 13th of May—I had not the reward in my head.
JURY. Q. Did the paper mention any amount of reward? A. I suppose it did, but what sum I really cannot say—it had been up for about twelve months—I took it down to paint—it was all smeared with oil—it was stuck on the oil cistern—I have not the least idea of the amount—there were different sums, but what sums I cannot tell—I have been in the employ thirteen years.
WILLIAM TURNER . I am in the employ of Mr. Pilcher. On Wednesday, the 13th of May, Gawkrodger was sent to weigh 21bs. of indigo—in consequence of information he gave me, I went and examined it—I found there was a deficiency, and some pieces were marked with a pen-knife—I marked six pieces width my own hand—I have since seen one of the pieces found in the tub in the prisoner's shop, where he worked—it was one of the pieces I marked—there were other pieces besides, not marked at all—four of the pieces I marked remained where they had been—one was missing, and one found in the firkin—I afterwards saw a piece of indigo, said to be found off the premises, but it was covered with purple-brown, and I could not swear to it; but I believe it to be the same indigo—it was not exactly the mark I made—there appears to be a mark on the bottom more than I put, which creates a doubt in my mind whether it is the same—on the Thursday and Friday after the indigo was marked, he went oftener than he need for paste—the paste-pan stood on the indigo chest—on the Saturday, about half-past ten o'clock, the prisoner came down for paste—I watched him when he came out, his hands were quite blue, and I made a communication to my employers—on Wednesday I weighed 21bs. of indigo, and placed it on one side of the indigo chest—on Thursday morning, when I went to work, about twenty minutes after six o'clock, I found the colour-room door opened, without a key—I found the shutter taken down, the paste-pan removed, and a bag shifted from one end of the chest to the other, and some of the indigo taken out—that found in the firkin was a different sort to that I weighed up—it is a sort of indigo that has been missed from bags—the 2lbs. had been weighed to detect the person, but none of that was found in the firkin.
Cross-examined. Q. How many men are in your master's service? A. I never counted them—there was no one but myself and Gawkrodger entitled to weigh indigo—I have the sole charge of the colour-room—any body might go in, but nobody but us go in without being specially noticed—I never heard of the reward—I have not been in the employ six months—I believe there are four men and a boy in the warehouse, but the town-ware-house forms quite a separate concern altogether—the prisoner worked in a room which has two sides and an end—it is not an open place—it is a confined place, as it is set apart for him to make up black lead—it Is boarded off from the warehouse, but there is no door to it—there is a door-way—there is a firkin in it, the prisoner uses it to put his black lead on, he has a box or another firkin, and puts the box on the two to keep it even—the indigo was found just underneath his counter—some paste was found over it—he had been noticed to go more frequently for paste than he could want it—some of the chalked indigo was gone—we informed Mr. Pilcher—I know nothing of a man named Russell weighing any—I never heard a word of the reward before to-night—Gawkrodger never mentioned it to me—
I did not stop the prisoner when I saw his hands blue—I pointed him out on the Saturday night, when his jacket stuck out—that was the Saturday before the Thursday that he was taken—the key of the indigo-room hung up in the warehouseman's little office—no person has a right to that key but myself, who unlock the door.
COURT. Q. Describe more particularly where the prisoner worked? A. It is a small space, boarded off the warehouse—it has a little door-way at the top of a ladder—no one can go to it without going up the ladder.
MR. LARKSON. Q. You say he went to the paste more frequently that be ought to have done? A. Yes; he used it to paste black lead labels—he should come down once a day; but he came down two or three times, and there was a large quantity of paste found wrapped in paper in his place, about as much as his pan would hold—any person had the means of putting paste there; but he would be sure to find it out by lifting up his box—the place was appropriated entirely for him to work in, and to get to it you must go up a ladder.
COURT. Q, What are the hours of work? A. From six o'clock in the morning till seven at night—the other workmen were employed the same hours—a quantity of paste was found in his place, put aside quite fresh, as if it had not been used—as if he had gone oftener than he need for it—I saw the indigo found under his counter, with the paste and other rubbish on it—the paste was immediately above the indigo—here is one piece, which was found in the tub—I can identify it—it is one of the six pieces I marked on the 13th of May—I have no means of judging when it was taken; but I missed it on the Saturday morning, and found it on the 21st.
WILLIAM CHICHESTER REYNOLDS . I am an officer. I recollect the prisoner's being sent for into the counting-house—Mr. Pilcher said, "I have sent for you, in the presence of the officer, on suspicion of stealing indigo"—he said he was very sorry they should think that—Mr. Pilcher gave him into custody, and sent one of his men to the station-house, to enter the charge—his hands, face, and forehead were all over blue at the time, and his shirt—I afterwards searched his work-room, and found in a halffirkin, concealed under a quantity of shavings and cuttings of paper and paste, this indigo, which weighs two pounds and a half—I examined it before the witnesses who were with me at the time, and saw me find it in the firkin—I afterwards went into the indigo-room—I found a handkerchief outside the indigo-chest, on one side of the bench—I afterwards went to a room in Snow's-fields—the prisoner was not with me—I went there by his master's directions—I never saw the prisoner there, or heard from him that it was his lodging—I found this lump of indigo there, in a cupboard in the room—I did not take the number of the house—the two witnesses went with me.
Cross-examined, Q. Did it not seem to you as if the things were left all ready for you to find—you found something wrapped up on the indigo chest? A. I found this on a bench by the side of the indigo chest, it was not concealed—I found a piece of Indigo in Snow's-fields with a mark on it—it was at a straw-bonnet shop; I saw a young woman and two children there—I could distinguish the blue on the prisoner's face—it was not a blackish kind of blue—I made the search about two o'clock.
JAMES GAWKRODGER re-examined. The prisoner was employed to weigh at the crane sometimes; it is done in the warehouse—that would take him away from his workshop—I had no opportunity of going to where he worked while he was at the crane—when he was employed at the crane, it was because we were too busy to attend to it ourselves—he was sometimes absent two or three hours from his workshop—at that time any body could have access to his place, by going up they ladder—you must go up the ladder to go into the warehouse—the ladder is not peculiar to his working-place, but at the top of it is a place partitioned off for him to work in; the ladder led to the whole floor; any body on the premises could get to his place.
(John Slade, of Horsely-down, and George Belton, of Adams-place, Borough, gave the prisoner a good character.)
GUILTY . Aged 21.— Confined Six Months.
NEW COURT,Wednesday, June 17, 1835.
Sixth Jury, before Mr. Common Sergeant.
1422. HENRY THOMAS was indicted for stealing, on the 26th of May 2 sheets value 8s.; 1 pair of shoes, value 1d.; 1 towel, value 4d.; 1 night-cap, value 4d.; 1 handkerchief, value 2d.; and 1 hat, value 4d.; the goods of John Taylor; to which he pleaded
GUILTY . Aged 24.— Transported for Seven Years.
THOMAS WINKUP . I came a baker, and in princes-street, Cavendish-square. I came home to my house at a quarter-past nine o'clock on the 21st of May—I saw Bofham with my till in his hand by my shop door, pouring the money into Stantons spron—I had seen my till safe at six o'clock at night—it has then about 14s. in it, in silver and half-pence—Bofham was seized by another person—I gathered some of the money up, and took the till—another person took the tow boys.
Cross-examined by MR. PHILLIPS. Q. Did you say any thing to the prisoner Stanton? A. I do not know that I did—I looked after my money.
THOMAS ORRIDGE . I live in Great Castle-street. I was returning home that evening and I saw four boys standing against my private-door—I went up to them—I saw the two prisoners cross over to the prosecutors shop—Bofham went into the shop—Stanton stood outside—Bofham brought out the till in two or three minutes—then put the money into Stantons apron, and I and my brother went and took them.
(William Duke, shoe-maker, of Well-street, gave Stanton a good character,
and William Fletcher, scale-beam maker, Flower-and-Dean street, gave both the prisoners a good character.)
STANTON— GUILTY . Aged 15. Confined Two Days. BOFHAM— GUILTY . Aged 14, Transported for Seven Years.
1424. WILLIAM HYDE was indicted for stealing, on the 14th of May, 1 handkerchief, value 3s, 6d.; 1 pair of trowsers, value 6d.; and shirt, value 1s, 6d,; the goods of Henry Warner; the goods being the property of James Warner, the prisoner was
EDWARD WILLIAMS, I live with Evan Thomas, a linen-draper, in Pickett-street, Strand—on the 22d of May, the prisoner and another man came together—to look at some black silk handkerchief—one of then bought one—the prisoner took a lace veil from the counter, and put it into his flap—I said nothing then, but put the handkerchief up—I got paid for it, and they went out—I want after them—the prisoner ran and fell down—I caught him before he fell down—he took part of the veil out—I took it from him—I had not time to speak to him before he got out of the shop.
Prisoner. When he ran alter me, I had not the veil on me—he was running after the other boy—I fell down—he took me back to the shop, and he had the veil back, but I had not it. Witness. Yes; he had it on him when I took him.
GUILTY . Aged 17.— Transported for Seven Years.
THOMAS BAKER . I live in Fenchurch-street. I was walking in Chancery-lane at a quarter before nine o'clock on the 1st of Jane—I felt a pull at my pocket—I turned, and saw the prisoner with my handkerchief in his hand—I am quite certain he is the person—I caught the handkerchief, and got the crowd to catch the prisoner—he ran away—I ran after him and secured him.
Prisoner. When you came up there were a hundred persons round—you said "This is the boy." Witness. When I saw it in his hand, there were not more than two or three persons there—I took it from him—when I turned round, he attempted to blow his nose with it, as if it had been his own.
Prisoner. The gentleman said he did not want to come at all, but the policeman snatched it out of his hand, and said he insisted upon his coming. Witness. No; I was going to attend a consultation—I said I could not attend then, but I would the next day, which I did.
GUILTY . Aged 19.— Confined Three Months.
1427. WILLIAM TRUMAN and THOMAS CALLOW were indicted for stealing on the 17th of March, 20 bushels of malt, value 7l. 10s.; and 5 sacks, value 5s.; the goods of William Cater: and JAMES HEWITT , for feloniously receiving the same, well knowing them to have been stolen.
JAMES FINN (police-constable N 58.) On Wednesday night, the 27th of May, I was on duty on Lea-bridge. I know Mr. Wick's wharf at Leabridge—the prisoner Truman was not in his service at that time—he had left about a fortnight before—he lives two hundred yards from Wick's what and Callow within four or five houses; Hewitt is a cow-keeper, and lives at Hackney—about ten o'clock that night, I was passing the house of Truman—I saw the horse and cart standing at the gable end of Truman's house—there was a paling between me and where the horse and cart were standing in Bainbridge's yard, the stone-mason's—I looked over the paling, and saw the three prisoners—they had a sack, which they were in the act of lifting into the cart—I saw it was full of something—I heard Hewitt say, "Throw the net over the cart, and cover it over"—I had not known who Hewitt was till he spoke—when he made that observation, I called out, "Is that Mr. Hewitt?"—he made no reply, but turned his head towards me—I have known him four years and a half—I never knew he was deaf—after that I called out again rather louder," Is that you, Mr. Hewitt?"—he got into the cart very quickly, and drove off as fast as the horse could go—the other two prisoners stopped where they were—I pursued Hewitt from Truman's house, about half a mile; when I got up to Clapton-gate, there being a delay, the gate being shut, by that means I overtook him—I then asked what he had got in the cart; he said, "Malt "—I asked where he got it from; he said, "From Truman's"—I asked where Truman got it from; he said, "You are not going to stop me, Firm "—" Yes, "said I," I am going to stop you"—I took him into custody—" Don't, Finn, "said he," it will be the ruin of me; my customers in all Hackney will see me going to the station-house, and I shall be ruined for ever—I will give you any thing, only don't take me to the station-house"—I said I would take him to the station-house—he said, "Let me take it back again to Truman's"—I took him and the malt to the station-house—he did not at all attempt to run away—when I took him to the station-house, there were five sacks of malt in the cart lying down, covered over with a net, the same as if it had been pigs, or any thing else of that kind—about eleven o'clock the same night, I went to Truman's house, and found him at home, sitting by the fire-side—Meredith, who was with me, took him into custody—I left him in the hands of Meredith, while I went to take Callow, who lives at the fifth house adjoining Truman's—he was in bed—I knew Callow before—I know he was very deaf—the serjeant took him into custody.
Cross-examined by MR. ADOLPHUS. Q. Did you speak as loud, when you spoke to one of the prisoners, as you have to-day? A. I spoke about as loud the first time, and louder the second—I do not say that Callow could hear me—I returned in about an hour—Truman was sitting by the fire—the house was shut—his daughter opened the door—he pertended to be asleep.
Cross-examined by MR. BODKIN. Q. It was about ten o'clock, when you were at the pales? A. Yes; I was there two or three minutes altogether.
Cross-examined by MR. PHILLIPS Q. Have you not forgotten something
that Hewitt said when he told you it would be his ruin? A. He might say something else—he said some words to that purpose—he did say, "You have known me long enough"—I had known him four years and a half—I knew nothing against him before—he said he bought it of Truman.
THOMAS MEREDITH (police-constable N 226.) I was at the station-house on the night of the 27th of May, when Finn came with Hewitt and the horse and cart—I went, by the inspector's direction, to Truman's house, and told him I wanted him about some malt which he had sold to Hewitt—he said he had not sold him any malt, nor any thing, and he had not seen him—I said, "Are you sure you have not seen him?"—he said, "Yes"—he then afterwards said he had seen him, but it was at Hackney, in the day, but he had not seen him at all that evening, and he knew nothing about the malt—as we were going along the Lea-bridge-road, he said, "Let me see; what is it you want me for?*—I said, "I have already told you"—he said, "It is a bad job; it will make my children all go mad"—shortly after that conversation, we were overtaken by the other officer with the other prisoner—we got on to Back-lane, and Truman there said, "I shall go this way—you may go which way you like;" and ran off—I pursued him for about a hundred and fifty yards—I then caught him again—when we got to the station, I heard Hewitt say to Truman, "You know I bought the malt of you"—Truman said he knew nothing at all about it—I heard the inspector talking to Truman, and heard Truman say be had had it in his possession about five weeks, and it was brought to his house by some one, but he was not at home at the time—the inspector asked him who brought it—he said, "I won't tell yon," or something to that effect.
Cross-examined by MR. ADOLPHUS. Q. What is your inspector's name? A. Mr. Redford—he is not here—he is not a witness in this case—I told the Justice all this conversation between Truman and the inspector, on the first examination, but that was not taken in the deposition—the Justice's clerk was there—I was in the witness-box—he was underneath—he was writing while I was giving my evidence—I do not know whether he was writing my evidence—at the second examination, I signed this paper, which was read over to me—I did not mention about the conversation between the inspector and Hewitt—I did not say they had omitted something—I knew Truman by sight, and knew where he lived—I took him about eleven o'clock.
ROBERT MESSENGER (police-serjeant M 1.) I went with the other officers—I have heard their evidence, and as far as I was present it is true—I took Callow to the station—I found he was deaf—I spoke to him very loudly—I asked him if he had seen Hewitt that day—he said he had not—when we were at the station, I heard the inspector tell him he was there respecting some malt—he said he knew nothing about any malt—I heard Hewitt say he bought the malt of Truman, that he had let him have two pigs at 13s. each, and he was to pay the remainder of the money in the morning, and return the sacks—he stated the price was three guiness a quarter—I heard the inspector ask Truman some questions, but I cannot exactly say what—Truman said the malt was left at his house—I heard what was stated by the last witness—they were the words, as nearly as possible.
Cross-examined by MR. ADOLPHUS. Q. What were the words? A. He said it was left in his absence; but whether he said he did not know
the man, or he would not tell, I cannot say—that is all I heard—the inspector is not here.
Cross-examined by MR. BODKIN. Q, Who was present? A. The inspector, the officer, and the three prisoners—Callow is excessively deaf—I cannot say whether he heard all that was said—I know the word "malt," was mentioned—the sacks that were found in the cart were taken to the station—they were fastened up.
Cross-examined by MR. PHILLIPS. Q. Hewitt said all through that he bought it of Truman? A. Yes.
JOSEPH ANSELL . I am foreman to Mr. William Cater, a master, living at Ware, in Hertfordshire. His barges go to Wick's wharf, on the rivet Lea, once or twice a week—he sends up his corn to London, through Wick's wharf, and from thence it is sent out in sacks—Truman and Callow were employed there—the waggons are loaded from the barges late at night sometimes, and it remains on the wharf all night—we do not have any body on the wharf to watch it—it goes away in the morning, sometimes by four or five o'clock—it would be the duty of Truman and Callow to go with it to shoot it out—they live near the wharf—during April and March we sent from Ware to Lea Bridge many quarters of malt—we had recently before that purchased 600 new sack—they were warked was on the top, and a dot resembling a star, but it did not fill up well On the 13th of March, we had occasion to bring 600 quarters of malt to Messrs. Barclay's, the brewers—and after the sacks had returned, we had them counted, and missed five of them, and we have the same, number now, we still miss five;—Truman and Callow were working at Wick's at the time the sacks were returned—I have since seen five sacks in possession of the officer; they are my master's—they are marked as master's, and they were tied with a hank knot—I have examined these five sacks; they have been untied and tied again—the malt very much resembles my master's.
Cross-examined by MR. ADOLPHUS. Q. Were you present in March, when the sacks were counted? A. Yes, the men counted then—every time they made a score they said "tally," and I made my tally, and there were five missing—there might be a mistake in counting—I went to the wharf to ask Mr. Wicks about them—I knew that Truman and Callow were in his service—I cannot say whether they were dismissed before May—this malt was never missed, and there was never any complaint from Barclay's—it sometimes happens that sacks are left behind and accounted for afterwards.
Cross-examined by MR. BODKIN. Q. I suppose the six hundred sacks were used after the 13th of March? A. They could not be all used; for five were missing—the others were used—other maltsters tie their sacks in the same way.
MR. CLARKSON., Q, Do you know of any persons who send their malt in sacks marked W C W? A. No—the sacks have been counted since the 13th of March, and five were missing.
WILLIAM CATER . I am the prosecutor. I have looked it the five sacks taken from the cart—I swear to them, and them alt resembles that which I sent on the 13th of March, and since—it ia Ware-dried malt—other maltsters make the same ties as we do, but no one sends his malt in sacks with W C W on them—I am in the habit of going to other brewhouses—it is the practice to count the sacks after they are emptied—they might be robbed every time.
Cross-examined by MR. ADOLPHUS. Q. Has this malt been accounted for to
Barclay's? A. Yes; but in a load which I sent before—the parties have called on me for the deficiency.
Cross-examined by MR. BODKIN. Q. Have you been at Barclay's brew-house when malt of yours has been delivered? A. Yes—it is the practice of brewers to count the sacks after the malt is shot.
Truman's Defence, I never worked for Mr. Barclay, and never was in his brewhouse—I picked up these sacks about the middle of May, on the towing path, at Old Fordlock—I had been authorized by Ansell to look after his sacks—I found one some time before, which I gave up to him, and was going to give these to him.
Hewitt's Defence. I bought the malt of Truman, and gave him three guineas a quarter for it—I did not run away—I walked out of the yard—there were some trees in the road—the horse shyd at them, and I hit him two or three times—when I got through the turnpike, I was stopped.
(Ann Scott, cow-keeper of Lea-bridge, and John Driver, tailor, of Enfield-highway, gave Truman a good character; Charles Buck, bricklayer, of Morning-lane, Mr. Garratt, a cow-keeper, William Alford, a broker, Josiah Harding, an attorney, William Wordsworth, oil and colourman, William Heath, of Hackney-grove, George Wade, a gardener, of Brooksbywalk, James M'Donald, a linen-draper, John Sinclair, a market gardener, at Hackney, Francis Romsey, a furrier, Richard Martin, a linen-draper, and William Bell, jeweller, Church-street, Hackney, gave Hewitt a good character.)
TRUMAN— GUILTY . Aged 42
HEWITT- GUILTY . Aged 45.
Transported for Seven Years.
CALLOW— NOT GUILTY .
HENRY PREECE . I live in Devonshire-square, Portraan-place. On the 31st of May, I was in High-street, St. Giles—a gentleman tapped me on the shoulder, and said something—I turned and saw the prisoner with my handkerchief in his hand—this is it—I took him—a gentleman went and got an officer—I charged the prisoner with stealing it—he went down on his knees, and said he would not do such a thing again—I am sure I had not dropped it.
Prisoner, I was four yards before the gentleman, and a boy came running past me who dropped the handkerchief—the person who told the prosecutor of it took the handkerchief off the ground—he never saw it in my hand, and the policeman said it was not worth while to take me—then the prosecutor said he did see it in my hand, and he has stuck out ever since that he did. Witness. I never heard the officer say any thing of the kind—I am quite sure I saw it in his hand.
JAMES HALE (police-constable F 100.) I was on duty, and saw the prosecutor with the prisoner in custody, and the handkerchief which he said he saw in the prisoner's hand—I never said it was not worth while to take him.
GUILTY . Aged 18.— Transported for Seven Years.
MARY EMMA BUSS . I am the wife of Charles Buss, a baker, in Poland-street. The prisoner came into my service last Easter Monday—on the 14th of May, she went out for a half-holiday—I missed a number of things, and when she returned I got a policeman, and searched her boxes—we found in them thirteen books, and the officer found these drawings.
Prisoner. I told her not to get much on them, as I intended to get them out again.
NOT GUILTY .
1429. LOUISA JAMES was again indicted for stealing, on the 13th of May, 13 printed books, value 13s.; 1 scarf, value 1s,; 1 tippet, value 10s.; 2 napkins, value 6d.; 4 shirts, value 1s.; 2 night-caps, value 6d.; 1 collar, value 1s.; 1 pair of stockings, value 1s.; 1 neckerchief, value 3d.; 2 waistbands, value 1s.; 1 ring, value 1s.; 1 toothpick, value 1s.; 1 clock, value 10s.; 1 pair of shoes, value 1s.; and 1 gown, Value 3s.; the goods of Charles Buss, her master.
Prisoner. The things were in a small trunk belonging to my mistress. Mrs. Buss. The box was not mine—she opened it with a key—it was in her bed-room, which was locked—she had been out, and had a cloth cloak on—I cannot tell what boxes she had when she came, as it was late—when I got the officer, and said "I should like to have her box searched"—she said "Very well"—she unlocked the door, and went in, and opened the boxes herself—there was one little paper trunk, which she said was not hers, but only this scarf was found in that.
Prisoner. Out of the thirteen books there, six of them are my own—this cookery book, and this jest book, and some others are mine—this one was given me by a young man named William Carter.
MRS. BUSS. This book has not my husband's name in it, but he says it is his—my books have all got my name in them.
GUILTY . Aged 20.— Transported for Seven Years.
JOHN SAPFERY HAYWARD . I am a coach-builder, and live in Orange-street, Canterbury. The prisoner came to me on the 25th or 26th of May, for the purpose of hiring a carriage—he had, on the 27th of May, a headed phaeton—he was to pay 20l. for the use of it for twelve months—I had never seen him before—an agreement was signed for that purpose, and he took away the phaeton with a horse—I have seen the same phaeton at Mr. Hooper's, in Claremont Mews—I saw the prisoner at the mews the morning after I saw the phaeton, and accused him of its being offered for
sale—(when he hired it, he said he was a livery-stable keeper, and lived at Walmer, near Deal—I have been there, and he has no stable or premises there)—when I met him I asked him if he was not the person who hired a carriage of me—he said he was—I said it was for sale—he denied it—I said it was, and I could have bought it that morning—he said he had hired it for twelve months.
Cross-examined by MR. DOANE. Q, Did you not see him enter the mews? A. Yes; he came in, and I asked him if he was not the man—he was not bound to keep the phaeton at Walmer—I was to be liable to the usual wear and tear—I agreed to let it him for twelve months—it was to be paid for quarterly, in advance, but he did not pay me the money; he put me off—I did not expect it back before twelve months had expired.
JAMES BROOKER . I am a livery-stable keeper, at Claremont-mews Clerkenwell. The prisoner came there on the 28th of May—he brought this phaeton there—he did not say any thing about parting with it then; but on the Saturday afterwards, about nine o'clock, I saw him again—I asked him if it was to be disposed of, as I wanted something of the Kind myself—he said if he did sell it, he should want 35l. for it, but he should rather change it for a landau—I had seen him before, when he came about buying my business.
Cross-examined, Q, Had you known him to be in this line of business? A. Yes; that was the reason why I asked him about buying this—he told me a month or six weeks before, that he kept a fly, at Walmer.
NATHAN PEEK . I am in the employ of Mr. Peek, in Worship-street The prisoner came to me on the 30th of May, and said he had a phaeton which he wanted to change away—I went to Claremont-mews, and saw the phaeton—he wanted to exchange it for one of our flys—he said he thought it was worth 35l—I laid it was not worth near so much to me, in a way of exchange.
Cross-examined, Q, Then he lived there? A. Yes; he came there then to settle some business—he was not a constant resident there.
GUILTY . Aged 32.— Transported for Seven Years.
Fifth Jury, before Mr. Sergeant Arabin.
1431. MICHAEL BANISTER was indicted for stealing, on the 31st of October, 1 hogshead of brandy, value 75l., the goods of the London Dock Company.—2nd COUNT, stating them to be the goods of Henry William Howes and others.
MESSRS. CRESWELL and MAOUIRE conducted the Prosecution.
EDWIN GOULD . I am clerk to Messrs. Field and Co., wine and spiritmerchants, Mincing-lane. In October, 1833, they had some brandy in the London Docks—I went to the spirit-vaults at the London Docks for it, and it was gone—no one was authorized to take it away.
Cross-examined by MR. BODKIN. Q, How long had it been there? A. It might have been twelve months—I do not know how long it had been the property of Messrs. Field—they might have lost it while it was there—there are three partners—it had been sold to Mr. Bowyer—it had
been bought for the firm—they sell brandy without my knowing it, but every transaction is entered in our books—I went to the Docks on the 31st of October to claim it.
MR. MAGUIRE. Q. What number was on it? A. "No. 8, by the Archimedes.
JOHN THOMAS DANIEL . I was a clerk in the London Docks, in the wine and spirit department—I received the order in October, 1833, for one hogshead of brandy—I sent a vault-note down to the cellar-clerk to re-gauge it.
ROBERT YOUNG . In October, 1833, I was delivering officer of the Customs, at the brandy vaults, London Docks. On the 31st of October, James Tolley produced this document to me—it shows that the duty was paid on the hogshead of brandy—he said he wanted to clear it—I had known him before—he had cleared goods there repeatedly.
Cross-examined. Q. The document is quite regular? A. Yes; it is genuine.
THOMAS BOWRY . I was a cooper in the London Docks. I remember Tolley coming to me in October, 1833, for a hogshead of brandy, No. 8, by the ship Archimedes—he produced the proper paper, and I delivered it to him—I think there were three other persons with him.
JAMES BEVAN . I lived, in October, 1833, in Berner-street, Commercial-road—I kept a cart and two horses—I was hired by a person, but I cannot recollect the day—I was here on the trial of Tolley, but I was not examined—Tolley hired my cart to go to the London Docks, to fetch a cask of brandy, I believe—I went towards the docks, but was ordered to stop by Tolley—I think he went with me—on the way, Tolley waited, as if somebody was coming after us—he went into the public-house, but whether he spoke to any one I do not know—I knew the prisoner before, and I think I saw him that day; but it is a serious thing saying so, when it is so long ago—I might have seen him there, or near the vault—the cask was got out of the vault—there were several persons about—the prisoner was one—I then went with the brandy to a house in Colchester-street, kept by Banister, the turncock, who is the prisoner's brother, I believe—there was a cellar to that house—I cannot say who rented it, any more than I have heard—there was the prisoner, his brother, and Tolley, and another man—the brandy was lowered down on a truss of hay; and I verily believe it was the prisoner who called for the hay—I was paid for the hire of my cart—I was ordered to go for some money, I believe, by Banister—the cellar flap was opened, and I suppose the cask was about to be lowered into the cellar; but there was no crane or ropes, and it was put into the passage.
Cross-examined. Q. You knew Tolley? A. I had seen him; he had never employed me before, but he promised to get me some work—I know that he kept a horse and cart—I heard that the prisoner went to him for a horse and cart, and, his being hired, he came for mine—I do not know who I heard it from—I saw the prisoner in the docks as I was coming out.
MR. CRESWELL. Q. Was Tolley at the vault with Banister? A. I believe he was, and drank out of the sample-bottle—I believe the prisoner was talking to a tall policeman when Tolley and I left the docks.
prisoner occupied the cellar of No. 7 there—I remember a cask of brandy being brought there in that month—I think the prisoner was there, and he asked me to lend him five shillings for the hire of the cart.
ELIZABETH CRISS . In October, 1833, I lived in Colchester-street Whitechapel. I recollect a cask being brought, but I cannot say what was in it, or on what day it was—it came in a cart, and was taken out and placed in the passage—Michael Banister rented the cellar under No. 7., and Charles Banister rented the house—I think the prisoner was there. but I have not seen him for a long while—the cask did not remain there half an hour—I do not know how it was taken away; but I saw three men come into the passage and take it out, while I was at my mangle—I think I saw the prisoner there that morning—I do not know whether he was there whilst the cask was there.
JAMES FOGG . I am a Thames police-officer. In October, 1833, I was directed to look after the prisoner, and two others—I was not able to find the prisoner till the 1st of this month, when I took him in his own house.
Cross-examined. Q. Did you attend the trial of Tolley? A. Yes; the prisoner said he was just going to give himself up to me as he had no peace, for the people were always teazing him about the brandy.
NOT GUILTY .
JAMES MEARS . I am a shopman. On the 27th of May, I was in Fleet-street, at half-past nine o'clock in the evening—I felt my pocket picked—I turned and laid hold of the prisoner, with my handkerchief in his hand—he dropped it, and I gave him into custody.
Prisoner. You said, "I think you have picked my pocket?" Witness. No such thing; I never said such a word.
GUILTY . Aged 18.— Transported for Fourteen Years.
JOHN FREDERICK TATE . Mr. Williamson is a pawnbroker, and lives in Brick-lane, Spitalfields. On the 29th of May, I saw the prisoner take down this gown from inside his door—I cannot say whether it was pinned or not—she put it in front of her, and went down the street—she turned down a court—I told the people of it, and she was brought back in a few minutes—I know she is the person.
Prisoner, Q, Can you say you saw me take the gown down? A. Yes I could not come and take you; I had my own shop to attend to.
JOHN HOOPER SANSUM . I live in Brick-lane, opposite the prosecutor. On the 29th of May, Tate told me to go down the street after a woman who had stolen a gown—I went, and saw the prisoner in a court—she was stooping—I thought she was tying her shoe—she said, "Little boy, do you want to go past?"—I said, "Yes"—I went past, and stood in front of her—I saw she was putting this gown under her petticoats—I said What do you want with that gown?"—she threw it down, and said "D—n the gown, take it"—I said, "No; you must go back"—she said
she would not; but another witness came up, and she went back—she said she would break all the b—y windows.
THEOFHILUS LIEBRECHT . I am in the service of Mr. James Henry Williamson. I went down the street, and saw Sansum, who had hold of the prisoner—she hesitated to come back—I said I would get an officer—she came back, but said she should have been a b—y fool to have seen it lay, and not to pick it up.
Prisoner's Defence. I picked it up.
GUILTY . Aged 22.— Transported for Seven Years.
JANE JEFFERY . I am the wife of William Jeffery. I work for a ware-house—the prisoner had been a lodger of mine four or five months—her husband is a sugar-baker. On the 21st of May, I made this pair of trowsers, all but the button-holes, and I took them into the prisoner's room, as she is a tailoress, to ask her where the buttons were to go on—she told me to leave them for a few minutes, and she would sew them on for me—I left them, and, next day, I asked her what had become of them—she said I had been into her room, and taken them—I said I had not—she then accused the girl, who denied it; the prisoner then knocked her down, and ran away—I pursued, and she was taken by the officer—she denied having taken them, but the duplicate was found on her of that and five other pain.
Prisoner's Defence, I did it through distress—my husband has left me.
GUILTY . Aged 35.— Confined Seven Days,
JOHN M'DONALD . On Saturday night, I was walking up and down the shop, and saw the prisoner take the coat and run up Ball-alley—I sung out, "There's a man ran off with a coat"—Mr. Davis ran round Grace-church-street, and caught him.
Prisoner's Defence. No one saw me take it, and it was not found in my possession.
GUILTY . Aged 24.— Confined Three Months.
1436. WILLIAM LYONS was indicted for stealing, on the 30th of May, 273lbs. weight of lead, value 50s., the goods of the Mayor, Commonalty and Citizens of London, as governors of the posseisions, revenues, and goods of Edward VI., late king of England, of Christchurch, Bridewell and St. Thomas the Apostle, and being fixed to a building there, against the statute.
MR. BODKIN conducted the prosecution.
HENRY PEACH . I am an artist, and live at No. 19, Fleet-lane. I know the house No. 18. On the 3rd of May I saw a truck there, between four and five o'clock in the afternoon—I went up stairs, and saw one man leave the house, and he escaped—a short time afterwards the prisoner came out and put a load into the truck—I could not then judge what it was—the prisoner went into the house again, I then found what was in the truck was lead—I then went into the house, and another person followed me—I met the prisoner coming out of the passage with another load of lead—the officer took the lead—this is it—I saw it fitted to the flat of that house—I have no doubt it came from there—it fitted exactly.
ROBERT MASON (City police-constable No. 91.) I took charge of the lead—I went to the flat where the lead had been taken from, and found a stool and a razor—I found this crow-bar in the passage of No. 17—this hasp had been broken off to get into the house.
Prisoner's Defence. I was standing in Shoe-lane, and a man came and asked me if I wanted a job—I said I did, and he asked me to get a truck—I got one—he said, "I want you to take a little rubbish from a house"—he told me to get a basket and a shovel—he then said he had lost the key, and he gave me a crow-bar to open the door with—he then told me to put this lead in this bag, which I did, and I was taken into custody.
GUILTY . Aged 22.— Confined Three Months.
ELGAR PREBBLE . I am a butcher, and live in Leather-lane. The prisoner was my errand-boy, and served in the shop—I had information, and searched his box—I found some handkerchiefs, and a knife, which was missed two years ago—he admitted that he took it off the premises.
ANN CLARK PREBBLE . I am the prosecutor's wife. We had the prisoner's box brought home, and I found the knife in it, which I missed about two years ago—I told the prisoner it was mine—he said he took it out of the shop—we had him taken up on the Thursday or the Friday week afterwards.
Cross-examined by MR. JONES. Q, You had not seen it for two years? A. No; I had it left me by my aunt—the prisoner gave the key to my husband, and went with him to get the box—I do not know that he voluntarily gave himself up—I was present when he was examined by ray husband, and three other persons—I did not hear Mr. Witney say he had better Confess, or he would give him in charge.
JAMES CLARK ROUT . I am the father of Mrs. Prebble. On the 11th of May, the prisoner's box was opened, and thirteen silk handkerchiefs and this knife found in it—the prisoner acknowledged the whole of the property was his master's.
Cross-examined. Q. Did he not say he picked the knife up in the shop? A. He said he stole it—I remember Mr. Witney being there—we did not say we would form ourselves into a Jury, and try him—I told the
Magistrate that the prisoner said he had stolen it—I did not say I gave the Knife to my daughter—I said her aunt gave it her—I told the prisoner to tell the truth—I did not tell him it would be better to confess.
NOT GUILTY .
OLD COURT.—Thursday, June 18th, 1835.
Second Jury, before Mr. Sergeant Arahin.
GEORGE JOHN MOULTON . I am servant to James Aldous, a pawnbroker, in London-street, Tottenham-court-road. On the 30th of May, about eleven o'clock in the morning, this happened—the prisoner had been to the shop, about a week previous, to purchase a lancet, which could not be found—he came several times, and we always missed articles when he was gone—on the 30th of May, I was called into the shop—I found the prisoner and his companion in the shop—I looked round the counter, and missed a flute—I asked the lad in the shop if he had seen it—he said, "No"—I asked the prisoner what he wanted—he said a pair of drawingcompasses—seeing his coat project, I asked if he had seen the flute—he said he had seen it when he was in the shop before, but not that day—I asked him to open his coat, and he opened his coat and waistcoat together—I laid hold of him, and part of the flute fell down from between his coat and waistcoat—he scuffled, and his companion escaped—this is the flute—the prisoner rushed by me, and I stopped him at the door.
Prisoner's Defence. I met the boy who went with me—he asked me to come into the shop with him—there was nobody in the shop—the master of the shop came down, and asked if I had seen the flute—I said I had not—the other boy went behind the counter—he asked the boy if he had seen it—he said not—he told me to unbutton my coat—the boy who was with me ran close against me, and he must have dropped the part of the flute—the prosecutor caught hold of me, and I got to the door—the other boy escaped.
GUILTY . Aged 18.
Before Mr. Baron Bolland,
1439. THOMAS WILSON was again indicted for stealing, on the 16th of May, at St. Clement Danes, 1 watch, value 1l.; 1 oz. 17 dwts. Of gold, value 4l. 4s.; and 1 ring, value 16s.; the goods of George Tyler, in the dwelling-house of Edmund Joseph Thomas Morris.
GEORGE TYLER . I am a watchmaker and jeweller, and live in Holywell-street, Strand. I keep a shop and bed-room there—it is the house of Edmund Joseph Thomas Morris—on the 16th of May, the prisoner and another lad came in to have two watches repaired—and while I was engaged in repairing them, they stole a watch, an ingot of gold, and a ring—I had seen them safe while they were there, and missed them three minutes after they were gone—they were in the window, near to where they stood—they wanted the hands fastened on to their watches—I did it while they staid—on missing the property, I went to give notice to the police, and to the pawnbrokers, and, on the 30th of May, the policeman brought me the watch—I told him it was mine—I went to Mary-le-bone-office, before the Magistrate, and found the prisoner was committed to Newgate—I went
to Newgate, saw the prisoner and knew him to be the person who has been to my shop—I have not recovered the other property.
Prisoner. Q. Who did you see when you came to Newgate? A, You—I saw him through the rails—I did not speak to him—he was brought close to me—I am certain he is the man.
WILLIAM TOOLE . I am a policeman. I apprehended the prisoner and found a watch on him, a knife, a duplicate, and a halfpenny—I went to Tyler with the watch, and went with him to Newgate, but I was not allowed to see the prisoner—I apprehended him at the house of the last prosecutor—he said the watch was his own—I found Tyler by a label in the watch.
(Property produced and sworn to.)
Prisoner's Defence. I bought the watch for 155. of a boy named Weaver—his father keeps a baker's shop in Oxford-street.
GUILTY . Aged 18.— Transported for Seven Years.
Before Mr. Sergeant Arahin.
GUILTY . Aged 38.— Confined One Year.
Before Mr. Baron Bolland.
NOT GUILTY .
1442. ANN SMITH was indicted for stealing, on the 1st of April, 2 pairs of scissors, value 1s.; 1 pair of stockings, value 2s.; 1 night-cap, value 2d.; 1 pair of shoes, value 6s.; 1 book, value 1s.; 1 rule, value 6d.; 1 £100 bank-note; 1 £50 bank-note; and 5 £10 bank-notes; the goods and property of Henry Roberts, since deceased: and GEORGE SMITH , for feloniously receiving the said goods and property, well knowing them to have been stolen.—2 other COUNTS, varying the manner of laying the charge. NOT GUILTY .
(In this case the Court held that the property should have been laid in the Ordinary—another indictment has been found, which remains to be tried at the next Sessions.)
Before Mr. Justice Coleridge.
1443. EDWARD CRICK was indicted for feloniously assaulting Elizabeth Cox, on the 6th of June, putting her in fear, and taking from her person, and against her will, 1 gown, value 3s.; 1 shift, value 1s.; 5 handkerchiefs, value 1s. 6d.; 1 shawl, value 1s.; 1 pair of shoes, value 2s. 60.; 1 apron, value 4d.; 1 last, value 4d.; 1 pair of stockings, value 3d.: 2 yards of ribbon, value 3d.; and 1 box, value 3d.; her goods.
ELIZABETH COX . On Saturday week last, I was at Islington, going to Birmingham—I was waiting for the waggon to come on the road—I went through Islington to go on the road—and about half-past nine o'clock in the evening, I was on the road, sitting down on a step with a bundle by the side of me—the prisoner came up to me—I never saw him before in my life—it was not dark—he asked where I was going to—I said to Birmingham, to my son, and was waiting for the waggon coming along—he asked me if he should carry my bundle—I said no, I was obliged to him, I had not so much, I could carry it myself—I got up and took my bundle, and went hack to see if I could meet the waggon, towards
London—he was by my side—he walked by my side for about a quarter of an hour, talking—he took my bundle off my arm—I have but one arm—I told him not to take it, I could carry it myself—he said he I would carry it for me—he went on till he came to the end of a lane, and then went up the lane—he pulled it from my arm—I said "Give me my bundle, don't take it from me—I am nothing but a poor widow woman"—he said he would carry it, and he went so fast, I could not keep up with him—we walked side by side for about a quarter of an hour after he took the bundle from me—he then went up the turning as fast as he could, and I could not overtake him—I ran as fast as I was able, and called out, "Stop thief, "but could see nobody at all—I met a policeman afterwards—I saw the bundle the same night—the policeman had it at the station-house—this is it—every thing here belongs to me—when he was pulling it off my arm, I told him he should not have it—I pulled it, and split the handkerchief in two parts.
Cross-examined by MR. CLARKSON. Q. Had you been to the White Horse at all? A. I sat down at the White Horse steps, but I had no money—I could not get any thing there—I had nothing to go all the way with, except some bread and cheese, and I have half a loaf in the bundle now—I went into the White Horse to ask about the waggon—I had not been drinking—I had nothing to drink, I am sure—I had not been into any house before I went to the White Horse—I had been in no house after I left my own home, which is in Blackfriars-road—I left home between three and four o'clock in the afternoon—I can't exactly say the time I got to the White Horse—I did not state that I got to the White Horse at half-past nine—I am sure that is my property, and I swear to the man who robbed me of it—I had not been drinking, and was sober when the policeman met me with the things—I had not dropped my bundle—it was taken from my arm—he pulled it and I pulled it, and that tore my handkerchief—after he got it, I walked by his side for a quarter of an hour—he said he would carry my bundle to rest my arm—no boy came to me except the witness—I did not see him until Monday, as he came up and was examined—he was not by my side that night, but he saw and heard every thing that passed—I don't know how many persons passed while I was with the prisoner—I can't tell whether persons passed close to me—I hallooed, "Stop thief," when he went off with my bundle—I did not cry out while he was by my side—he said he was doing it to rest me—I did not halloo out till he ran away with the bundle.
COURT. Q. You did not think he would take the bundle away? A. No; he was only carrying it to rest me—people might have passed along the road as we were walking together; but I was too much frightened to notice—I could not tell exactly whether he was going to take it away or not—several people passed—I cannot say how many.
JAMES CECIL . I live at the corner of Bamsbury-street, in the Liverpool-road. On Saturday night, the 6th of June, I was in the Liverpool-road—I saw Mrs. Cox first at the bottom of Park-lane—she came past the lane, and the prisoner turned up the lane with the bundle—there was nobody with her but the prisoner—he had the bundle under his arm—directly he turned up the lane, the woman came back and said, "Oh, my God! I have lost my bundle"—the man stood up against the wall in, the lane—he said, "Come on; we shall not catch the waggon to-night;" and, they both went further down the road—I stood where I was, and then went down that way, and I saw him coming along with the bundle—he was alone then—he was walking very fast—when I went a little further down
the road, I saw Mrs. Cox, saying the same as she did at the bottom of park. lane—f went further on about my business—I saw him again at the corner of Barnsbury-street, about five minutes after twelve o'clock, when I was shutting up shop—he had the bundle under his arm then—he was walking fast—I said nothing to him, but ran down the street and told the police man—I went to the station-house with the policeman, who took him just against Cross-street—when the prisoner was at the corner of Park-lane, I hallooed, "Stop, thief" after him, and he ran up the lane—that was before I met Mrs. Cox the second time, and after I had met him coming back with the bundle—it was when he was going up with the bundle—after be had been down the road with the woman, and come back again; I called, "Stop thief," because I had seen him before with the woman—on my calling out, he ran up the lane—I did not go after him then.
Cross-examined. Q. What time was it when you first saw the old woman and the man with the bundle? A. About half-past ten or eleven o'clock, when I saw her first—I am sure it was past ten o'clock—I heard the clock strike—the woman appeared quite sober, by what I could see of her—she kept saying, "Oh, my God; I have lost my bundle"—that was all she said—I did not hear her cry out," Stop thief!"—I had not seen her at the White Horse—I did not see the bundle on the ground at any time—I saw the policeman pick up the bundle in Park-lane—I did not say that before the Justice—I do not think the woman was drunk—I did not know the prisoner before—I do not think Park-lane is a quarter of a mile from where I first saw her—it was about half-past eleven o'clock, that I saw him coming with the bundle; and twelve o'clock, when I saw him go down Barnsbury-street with it—he could have got much farther than be if he was disposed—when I saw the prosecutrix the second time, I asked her what she was hallooing about—she said she had lost her bundle—there were other people in the road—I did not go to the White Horse that night—I cannot say but what she might have had a little drink—I did not see her lying down—I did not see the prisoner drop the bundle down—I saw him put the bundle down—he had been carrying it for her, and took it up again in Park-lane—was standing a little way up Park-lane for five or ten minutes, not more—there were a few people passing at that time—I did not think he had stolen her bundle then, for he went further on with her—they were on very good terms then, and were walking very quietly.
COURT. Q. You say she kept saying, "Oh, my God! I have lost my bundle"—when was that? A. When she came up Park-lane, after they had been walking very quietly together—it was after they had gone up Park-lane together, and while the prisoner was standing against the wall she said she had lost her bundle.
ELIZABETH Cox re-examined. Q. Did you see the witness, M'Cann, that night? A. I might when I went into the house for the waggon—she was not sent to accompany me from the house, because I was too drunk to be allowed to go done—I had not been in the house—I never drank in the house at all, nor out of the house either.
JOHN DOBAR (police-conslahle N 253,) I saw the prisoner on Saturday night, the 6th of June, about twelve o'clock, near Barnsbury-street—in consequence of information which I received, I went to look for him—he was walking slowly with a bundle—I asked him where he got it—he said be had picked it up, and I might have it—I took him to the station-house with it.
Cross-examined. Q. I think Barnsbury-street is about five minutes
walk from the White Hone? A. Yes; he was coming from the White Horse down towards Barnsbury-street.
Prisoner's Defence, I picked up the bundle—the policeman spoke to me in High-street, and asked where I got it—I said I picked it up, and told him where—he asked me to go to the station-house with him, and I said I would.
CATHERINE M'CANN . I live at the White Horse in the Liverpool-road. Mr. Collingford is the master—I saw the prosecutrix inside the door—she went in, and asked for a bit of bread and cheese of mistress—mistress gave her some, and she ate it, and went outside the door—I learnt from her, that she was waiting for the Birmingham waggon—I cannot say what time this was, but she stopped there till eleven o'clock, till the waggon came by—the was there about two hours, and the waggon came up about eleven o'clock—she was sitting down part of the time, and walking about the rest of the time—she had a bundle—the waggoner did not take her—when he came up, she was sitting down on the flat on the outside of the door—she could not ride, because she was so stupidly drunk—he could not get up—I lifted her up, and went as far as the next public-house with her, which is the Prince Regent—I did not see her take any drink in the White Horse—the Prince Regent is something less than a quarter of a mile from the White Horse—I did not learn from her where she lived—I took her after the waggon, and called to the waggoner to know if he would take her up—the had suffered the waggon to go by—she was drunk—she could not stop the waggon—she was not drunk when she first came to our house—the and two men were on the outside, and they had drink out there—they were then drinking—I hare seen the prisoner twice at the White Hone, to take a pint of beer.
COURT. Q. You say she came up to the house sober? A. I do not know whether she was sober—I did not notice that she was drunk at first—I did not sec her when she first came to the house—I did not carry her out any liquor—the two men themselves came in for beer when they wanted it—I saw the two men and her drinking together—there were not many people in the house that night—they only drank porter—I do not know whether she came with the two men.
MARK CULLINGFORD . I keep the White Horse, in the Liverpool-road. On the night in question, I came home between eight and nine o'clock—the prosecutrix was outside the house, along with some more people, who were talking and drinking porter—she was not taking any beer at that time—my attention was called to her again, about eleven o'clock, when the waggon came up—the had left her bundle in the bar—M'Cann went out to arouse her, and take her to the waggon—she was then lying on the pavement outside—I saw her, and, in my judgment, she was the worse for liquor—I did not see my servant get her up, for I was in the bar—I have known the prisoner about two months, ever since I hare been in the house—he bore a very good character in the neighbourhood.
COURT. Q. Did you supply the prosecutrix with any liquor? A. I did not—liquor was fetched out to the door—I do not know who had it—the greatest part of the men who were drinking were strangers to me—I had no conversation with the prosecutrix myself—she was lying on the pavement—just as the waggon came up, I gave the girl the bundle to rouse her—I do not know whether she was asleep.
about six o'clock on the night in question—she was sitting on the bench against Mr. Cullingford's door—I cannot say whether she was sober—I did not take particular notice at that time—I saw her several times in the course of the evening—eleven o'clock was the latest time I saw her—she was then sitting on the slab, by Mr. Cullingford's door—she was very much intoxicated then—I saw the waggon pass—I saw M'Cann come out, and pick up Mrs. Cox, who was sitting on the slab at the time—I believe she was sitting—I assisted in helping her up—she was not sitting upright—she was then very much intoxicated—M'Cann hailed the waggon, to stop it, but did not succeed.
NOT GUILTY .
Fourth Jury, before Mr. Baron Bolland.
1444. OWEN DALEY was indicted for feloniously and burglariously breaking and entering the dwelling-house of Mark Hunter, about the hour of nine in the night of the 1st of June, at St. Luke's, Middlesex, with intent to steal, and stealing therein, 2 trowels, value 1s. 6d.; and 1 brush, value 9d.; the goods of John Robert Cantellow: I saw, value 3s,; and 1 stock, value 8s,; the goods of Henry Rolfe: and 1 trowel, value 6d.; 1 hammer, value 6d.; 1 chisel, value 2d.; and 1 basket, value 1s.; the goods of William Croft.
PHEBE HARRIS . I live at No. 22, Artillery-place, City-road. The house belongs to Mr. Hunter—I do not know his Christian name—the house is under repair—I am left in care of it—on Monday, the 1st of June, between eight and nine o'clock, the prisoner came to the door and knocked—it was getting towards dusk—it had gone eight o'clock, I think—my little boy opened the door—he went away that time, and came in again about five or ten minutes—my little boy opened the door then, and called me up—I went up, and asked the prisoner what he wanted—he said he was come for a brush and a trowel—he said they belonged to his brother, who was there at work as a plasterer, and his brother had promised to lend them to him—I told him I thought he would not find it, as it was getting quite dusk, and the tools were at the top of the house, and I would get a light—he said he could do without a light—I saw him distinctly—he went up stairs—I offered to go with him, but he said he should find it without a light—I waited on the stairs for him—he was a long while on the stairs—he came down again, and brought a saw, a brush, and trowel down—I called at the door, seeing a person go by, and asked him, to come to my assistance, for I thought it was not quite right; and the man went and called a policeman—directly the prisoner heard the man's voice, he dropped the saw, and went down the kitchen stairs—the policeman came in and took him, with the brush and trowel in his hand.
JOHN RAWLINGS . I am a labourer, and live in James-street. I was patting that house on the 1st of June, at about half-past eight, as near as possible—I was called in by Mrs. Harris—she said there was a person is the house—I called out three times, "Who is there?" and got a policeman, and found the prisoner in the house, with a trowel and brush—I heard something drop on the stairs, but what it was I do not know—the policeman took him.
PHILIP CHETWOOD . I am a policeman. I was called into this house on the 1st of June—I saw the prisoner with a brush and trowel in his hand—I saw nothing of the saw—I asked how he came there—he said he was Sent by his brother for them—I asked where his brother lived—he said in
the Curtain-road, but I could find no such person—I found eleven duplicates on him; nine of them for tradesmen's tools.
JOHN ROBERT CANTELLOW . I am a plasterer. This trowel and brush are both my property—I was working at Artillery-place, and left my tools there—I found the trowel and brush again in the morning, and another trowel put away on the landing—I had not authorized the prisoner to go for them—I never saw him before.
Prisoner. I was very much in distress, and happened to do the thing to pay my lodging—I throw myself on the mercy of the Court.
(The prisoner received a good character.)
GUILTY of larceny. Aged 22.Recommended to mercy. Confined for One Year.
Before Mr. Justice Coleridge.
1445. EDWARD LIGHT was indicted for feloniously and burglariously breaking and entering the dwelling-house of Ann Evans, about the hour of two in the night of the 4th of June, with intent to steal, and stealing therein, 1 gown, value 4s.; 3 pinafores, value 1s.; 3 printed books, value 6d.; and one bag, value 2d,; her property.
ANN EVANS . I am a widow, and live in Walbrook-row, East-row, Shoreditch. On Thursday night, the 4th of June, I went to bed about ten o'clock, leaving my lodgers up, but nobody else—they are a man and his wife—I secured all the doors and windows at usual—I locked my door, bolted my window, and fastened it inside—I locked and bolted the Kitchen door and put a chain across it—there was a clothes-horse in the kitchen, which I lefl full of things, which I had ironed the day before—I got up at seven o'clock in the morning—I found the kitchen door unlocked and unbolted—the chain still remained across it—I found the window-shutters thrown open, and the window thrown up to the top—this was on the ground floor—that window and shutters had both been fastened the night before—I missed a'dress, three pincloths, and three books—I had left the dress hanging on the horse with the pincloths—the bag hung by the fire-place on a nail, with the books in it, the night before—I found every thing taken off the horse and scattered about the place—I had left a piece of soap under the table, and it was moved, and put outside the door—I had not heard any thing in the night—the house facet the road—I called Mrs. Galton, my lodger down, and showed her the state the room was in—I unchained the door and called a policeman in—he took possession of the things which were scattered about.
Cross-examined by MR. CLARKSON. Q. I think you say you secured the doors and windows? A. Yes; the shutter is an outside shutter—there was no fastening to it, except the bolt inside—there is a little catch as well, at the bottom—the window is fastened in the middle—I have a back shutter, which has no fastening—the window slips back, and has no fastening to it—that was not open—it is the back wash-house window—if a
person got in that way, he must have come in at the back—I did not find any thing the matter with the wash-house window when I came down.
Q. Do you believe a boy like this could force your shutters in? A. Not force them in; but he could be concealed in my premises, and I not know it—I secured my premises at ten o'clock—I was not out of my house—Galton himself was not at home when it happened—before I went to bed, I had been into the rooms I occupy—I left the kitchen the last thing—the house is only one story high—I occupy the ground floor.
COURT. Q. Where does the kitchen door open into? A. Into the garden, which opens into the street—there is a passage to come from the wash-house to the kitchen—the wash-house window-shutter was closed as usual, and the window—it could be opened from without—there is no proper fastening to the shutter or window—I had put it to, and found it to, as I had left it—nothing was disturbed in the wash-house.
RICHARD BENSON (police-constable N 129.) On the morning of the 5th of June, I was on duty in Kingsland-road about a quarter after four o'clock, and saw the prisoner some distance from me, across a hayfield—it was quite light—I do not know Walbrook-row—he was about a mile and a half, or a mile, from Shoreditch church—I was about two bundred yards from him, when I first saw him—he was crossing the hay-flelds with a bag in his hand, looking very cautiously around, as if he wished to avoid being noticed—I saw him throw the bag behind a haycock; and after looking round again, he laid himself down behind the haycock—I got over the fence, and went up to where he was lying—I asked him what he was doing there—he said he was waiting for a boy who he was to assist in making some hay—I asked him where he got that bag from, and what it costained—he said he had just found it at the foot of a tree, in the adjoining field—I asked him his name—he said it was Light; and knowing from his name that he was a reputed thief, I took him to the station-house.
Cross-examined, Q, When he gave the name of Light, did you know to whom he belonged? A. I did not—I found his father—he lived at a small house in Harford-road—when he gave the name of Light, I concluded he was his son—he was about a hundred and fifty yards from his father's—I took him to the station-house, and then to Worship-street—he had an examination there, and was remanded until the following Wednesday—on the first day he was at Worship-street, his mother was there, after he was put back—I did not misreprent to her the time he was to be brought up for re-examination—I do not recollect that she asked me the question—she wanted an interview with her son, and saw him.
SARAH GALTON . I lodge at Mrs. Evans'. On the evening of the 4th of June I remember her going to bed—I did not open the door or windows after that—my husband slept at home that night, and went away to work about a quarter before seven o'clock in the morning—we were both in bed about ten o'clock that night—next morning Mrs. Evans called me down—I found the kitchen window thrown open, the blinds thrown back, and the door unbolted, and unlocked—there were caps and things scattered all over the kitchen.
WILLIAM JAMES JOHNSON . I am a policeman. On Friday, the 5th of June, about seven o'clock, I was called in by Mrs. Evans—I went to the house. and saw the window-shutters wide open, the windows thrown up, and the blinds thrown back—before I entered the door, I saw this cloth, and some bread and cheese in it, up in a corner by the kitchen door—I saw the things all scattered about the kitchen—I examined the front part of the house
first, and then thought he had entered the front way; but hearing that the prisoner was taken, I went next day and examined the back part of the premises, and found marks of nails of shoes on the side of the privy wall, and somebody had scraped the palings of the garden of the next house, with their shoes.
NOT GUILTY .
First Jury, before Mr. Recorder,
GUILTY . Confined One Year.
1447. KATE RIDDINGTON, alias Mary Smith , was indicted , for that she, on the 30th of May, 1 counterfeit half-crown, unlawfully and feloniously did utter and put off to John Panlyn, well knowing it to be counterfeit; she having been before convicted of a like offence.
HON. MR. SCARLETT and MR. BODKIN conducted the Prosecution,
CALEB EDWARD POWELL . I am assistant solicitor to the Mint. I produce a copy of the record of the conviction of Mary Smith, for uttering counterfeit coin, in January 1834, at the Old Bailey—I examined it with the original—it is correct (read.)
Prisoner, I am not the person. Witness, I know her person—she was remanded—Russell gave her into my custody for passing a bad half-crown—she was three times at Guildhall—I am certain she is the same person—she was tried by the name of Mary Smith—I saw her several times at the Compter.
JOHN PANLYN . I am a broker, and live in Warner-street, Cold-bath-square. On the 29th of May, between eleven and twelve o'clock in the morning, the prisoner came to my house and bought a chamber utensil, which came to 9d.—she gave me a counterfeit half-crown—I did not know it to be counterfeit at the moment—I gave her 1s. 6d, and 3d, in copper change—about a quarter of an hour after she was gone I pulled out the half-crown—I had no other silver, and am quite certain it was what she gave me—I found it was counterfeit, and marked it, and put it on the parlour shelf—I afterwards gave it to the officer—next night, the 30th of May, she bought a blue and white water-jug, and offered me a bad half-crown—I knew her again, and told her she had given me a bad half-crown on Friday—she said she had never been in the street before—I gave her in charge, and gave both the half-crowns to the policeman Fryer, but not together—I had not mixed them with any other silver.
Prisoner. I only gave him one—that was on Saturday night—he took it to the shoe-maker's shop, next door, and he remained there for a quarter of an hour. Witness. I went to get my neighbour's assistance to take her—it was not to look at the money—I left my boy in charge of her—he laid hold of the side of her, while I went into the shop—when I came out, she said, "Give me my half-crown back, and I will give you another"—she was to give 10d. for the water-jug—I knew her directly I saw her—her face was dreadfully scratched, as if she had been fighting, and so it was the day before—I put the half-crown I took on Friday into my waistcoat pocket, where I had five sovereigns, but no silver, and shortly after a person came to me for 1s.—I pulled out my money, and there was the half-crown
—I immediately saw that it was bad, marked it, and put it in my room—the half-crown was not in my neighbour's possession.
JOHN FRYER . I am a policeman. I received the prisoner into custody in Exmouth-street, from Panlyn, who gave me a half-crown, and next morning brought another to my house—I have had them ever since—Panlyn marked the first one in my presence—the second he brought was already marked.
(The prisoner put in a written defence, stating that she was at the house of Mrs. Massey, at Hackney-wick, from six in the morning till ten at night, and could not be the person who tendered the first half-crown, and that she was not aware that the one she tendered on the Saturday was bad.)
GUILTY . Aged 21.— Transported for Seven Years.
The prisoner was recognised as having been in custody at least twelve times.
JOHN ELLIS . I am a cheesemonger, and live in Belgrave-road. The prisoner came to my shop on the 12th of May, and asked for a quartered of a pound of 1s. butter—she gave me a shilling—I gave her 9d.—I put the shilling into my till with other money—I discovered that day that I had one bad shilling—I cannot say whether she gave it to me—on the 13th she came again for a quarter of a pound of 1s. butter—she gave me a shilling—I gave her 9d.—just as she left the house I perceived that it was bad—I put it into my watch-pocket—on the following day she came again for a quarter of a pound of butter—she gave me another shilling—I saw it was bad—I detained her, and gave the two shillings to the policeman—I asked her where she lived—she said, in the next street, but could not tell the number—I questioned her whether she had a mother—she said yes; and her mother gave her the shilling—she afterwards said she had no mother—she always came about ten in the morning, and for the same article.
GEORGE FOSTER (police-constable B 90.) I took the prisoner into custody—I searched her, but found nothing on her—as I was taking her from the station-house to Queen-square, she told me she lived at No. 13, Union-court, Westminster, with Bob Banting, who was taken with part of the trap in his possession, and he was to be tried the next day at Newgate.
Prisoner's Defence. A young girl brought me into it, who lived with Robert Banting.
GUILTY . Aged 14.— Confined Three Months.
NEW COURT.—Thursday, June 18th, 1835.
Fifth Jury, before Mr. Common Sergeant.
MR. PAYNE conducted the Protecution
BENJAMIN BROOK . I am a corn-dealer, and live in Seymour-place, Bryanstone-square. Wicks was in my employ for five months—I saw Wicks and Fry at my granary door on the evening of the 10th of June—I said to Wicks, my carman, "What are you going out with!"—he said, "One quarter of oats and one bushel of beans"—I am quite sure he said that—I saw there were two sacks in the cart before I spoke, and just as I spoke to him he discharged another sack into the cart, which made three—when the last sack was put in, the prisoner Fry said, "I have my usual quantity"—I said to him, "What is my man going with?"—he said, "One quarter of oats and one bushel of beans for me"—he then got into the cart—he went partly up the gateway, and then stopped for my man to get in to ride with him—while he was stopping I looked over the cart, and I said, "I perceive you have got three sacks here, Wicks"—he lifted up the sack of corn, and exposing the beans in the front of the cart said, "I have my usual quantity—one quarter of oats and one bushel of beans"—he went out of the yard—I went into my shop—a female told me something, and I followed the cart—I called to him, and said, I was very tired, I would ride with him as far as my brother's, which was in the way where this corn was to be delivered—I did so, and got within two hundred yards of Fry's house—Fry then said, "Are not you going to your brothers?"—I said, "I may as well ride as far as your stables"—I did so—they drove to his door, and unloaded one sack of com, and came back for the other—when it was lifted off the beans, I perceived that there was more—I said "Here is more than the quantity ordered; at your peril take them out of the cart"—they were both together when they shot the last sack of corn—I went for the policeman—Fry said, that he had ordered two bushels—I told them not to shoot the beans—Fry then said if he had got more than his quantity, he would pay for them—I was not more than two minutes going to get a policeman—when I came back, I found the beans in the cart—they had remained in the cart—I gave them in charge—I then said to Fry, "Here is more than you have booked"—the policeman then took them, and the beans—I saw the beans afterwards at the station-house—there were two bushels and one peck—Fry has dealt with me some years—his usual quantity was one quarter of oats and one bushel of beans—the value of one bushel and one peck of beans is 6s., or more.
Cross-examined by MR. PERRY. You said Fry had been in the habit of dealing with you? A. Yes; to the amount of 30s. or 35s. a week—the usual quantity was one quarter of oats and one bushel of beans—I swear I never served him more than one bushel of whole beans at a time—a bushel of whole beans is worth from 5s. to 6s.—spilt not more than 3s. 6d.—in April I served two bushel of beans and peas mixed, which was when beans were very dear—he said, "Have you nothing you can sell me for less money?"—I showed him a sample—(Looking at a bill)—here are two bushels of beans and peas—but that was a bona fide contract—they were 6d, different in price, and they were mixed.
Cross-examined by MR. PHILLIPS.Q. You said, "You have got more than you ordered?" A. That was at his own place—I said "You have got more than you ordered"—I spoke to them both, but Fry was the customer—before I got into the cart, I asked what they had got in the cart—Wicks took up the sacks that I might see the beans—he lifted up part of the sack, and said he had got no more than one quarter of oats, and one bushel of beans—I did not examine them, as I did not expect he was
telling me an untruth—but I received information afterwards—Wicks was two or three years in my father's employ—he was then out of employ, and I took him again.
ELIZABETH CHAPLIN . I am a widow, I attend at Mr. Brooks's shop; it is part of my duty to take orders for goods—I remember Fry coming on the evening of the 10th of June—he asked if Mr. Brooks was at home—I said no—he said, "Never mind, you will do as well; I owe two lots, I want to pay you for one"—he paid for one quarter of corn and one bushel of beans; I then gave him the receipt—I then said, "What am I to send you?"—he said, "The same as usual, one quarter of oats, and one bushel of beans"—I am quite sure of that—I made this entry in the book at the time (reads:) "Mr. Fry, one quarter oats, on bushel beans, S. Wicks"—that is the name of the man who delivers them—I read the entry to Fry, and he said, "That is right"—Wicks came in, and Fry said to him, "Well, young man, I want some corn to-night; it is useless for you to swear and be cross about it, for I must have it to-night"—Wicks said his horses had been hard at work that day, and he had put them into the stables, would not to-morrow do?—he said, "No, I must have it to-night, I have not a handful for my horses to-night"—Wicks said, "What is it to be?"—I said, "One quarter of oats, and one bushel of beans"—they both left the shop together, and went down to the granary—in about ten minutes or a quarter of an hour, Wicks came back, and said, "It is very strange that man comes so late at night for his com"—he said, "How long has Joe been gone?" (he is the other carman)—I said, "He went about half-past seven o'clock, he cannot possbly be back yet"—he said, "Then I have a mind to put the horses into the big cart, and take it myself—I said, "I think you had better"—he then said, "What is it to be?"—I then repeated the order again—they went in the light cart, as Joe came back sooner than I expected when he went.
Cross-examined by MR. PHILLIPS. Q. Did you know where Fry was when Wicks came back? A, No, I saw them both go in the direction of the granary—Wicks returned alone—I remember once giving an order for sixteen hundred weight of tares, and in the signed note I put six hundredweight; but the book showed the truth—I do not think it likely I should put the same mistake in the book that I did on the note—I will take my oath I was correct in Mr. Fry's order—the granary is at the back of the house—it is not kept locked—I cannot say where Fry was at the time Wicks was speaking to me; he might be at the granary.
Cross-examined by MR. PERRY. Q. After Fry had given his order be went away? A. Yes; he went, I do not know where, but he returned afterwards.
MR. PAYNE. Q. Did Wicks come into the shop without Fry, the second time? A. Yes, Wicks was not more than two or three minutes in the shop—the entry of the order respecting the six hundred of tares, was an order for him to go to the waggon-office—Wicks pointed out the mistake, and I altered it—I am quite sure I read the order over to Fry, and that I made no mistake here.
ANN WILLIAMS . I am the wife of the servant called Joe—I live opposite the granary in the yard. On the evening of the 10th of June I saw Fry go up into the granary and shut too the door, and Wicks went up into the granary—I had seen Fry before—they were about ten minutes in the granary—Fry came out first—my husband came home with the light cart, which was backed up to the granary—I did not see Wicks come out—Fry came back and got up into the cart, and into the granary—
Wicks said to my husband, "Joe, go and feed my horses; I am going out with this corn"—before this I had seen Wicks go to the stables with a bushel measure on his arm—I cannot say what was in it—after my husband had gone to the stables, this sack was put into the cart by Wicks—the beans were put in first, and then the sack of oats on the top of it—I had some suspicion, and went to the shop to make inquiry—I am in the habit of seeing quantities of beans, and I should suppose that there were more than one bushel—when Mr. Brooks came in he said, "What order Jem?"'—Wicks said, "One quarter of oats and one bushel of beans"—Fry said, "My usual quantity, one quarter of oats and one bushel of beans"—it was ten minutes past nine o'clock—it was not dark.
Cross-examined by MR. PHILLIPS. Q. You saw Wicks and Fry go into the granary? A. Yes—I did not notice Wicks return to the shop, and leave Fry behind him—I swear Fry was gone—I did not take notice any more after Fry was gone down—I remember Wicks lifting up the sack and showing his master the beans—I saw it out of a window—I was not there at the time—I only saw the neck of the sack—my master was below on the spot.
Cross-examined by MR. PERRY. Q. Are you positive that Fry went away? A. I had seen him—customers, I believe, do not go very often I into the granary to see the corn measured, but I have seen them sometimes—I was looking out of a window, and could see what Fry was about when the door was shut—Fry was not left in the granary alone.
MR. PHILLIPS to ELIZABETH CHAPLIN. Q. I think you said, that in the first instance, Wicks and Fry left the shop together; going down to the granary? A. Yes; the granary was unlocked—after they had both gone to the granary. Wicks came back alone—they left about ten minutes or a quarter of an hour before Wicks came back—he remonstrated about going at that time of night to Fry, and not to me—he asked me when Joe went.
ANN WILLIAMS re-examined. Q. When you saw Wicks and Fry go into the granary, did you leave the window before Fry came down? A. No; I saw the two go into the granary—I saw Fry come down—I did not notice after that—I am certain that Wicks did not come down before Fry.
THOMAS TAYLOR (police-Constable S 210) I was called to take charge of the prisoner Wicks about ten in the evening. Fry then came down the stairs of the stable with an empty bag in his hand, into Richardson's mews, Mr. Brooks then said, "I give Wicks in charge, and Fry, for taking a quantity of grain out of the granary, more than the order"—Fry said, "I ordered two bushels, Mr. Brooks"—Wicks then said, "I understood there were two bushels ordered"—theb eans were in the sack then in the cart—we all four jumped into the cart—Mr. Brooks drove us to the station-house—I got out of the cart—Fry said to Mr. Brooks, "Any demand you have against me, I will pay you; I have always paid you"—Mr. Brooks said "The charge shall take its course"—I kept the beans till the next morning, and measured them, there were two bushels and one peck.
Wick's Defence. I put the beans into the sack, not knowing; there were more—I asked Mrs. Chaplin whether I was to take them that night—she said, "Yes"—I said, "I understand there is a quarter of oats and a bushel of beans; what time will Joe come home?"—she said, she did not know Joe did come home, and I said, I would take the corn, if he would take master's pony—he said he thought it would be best.
Fry's Defence. I ordered one quarter of oats, and two bushels of beans—my servant heard me say so.
(George Hope, veterinary-surgeon, High-street, Marylebone; John Newnham, coach-maker, Grafton-mews; Thomas Russell Thatcher butcher; and William Snukes, coach-smith, Grafton Mews, gave Fry a good character. Thomas Young, baker, York-place, Portman-town; James Carr, tailor. South-street; John Clarke, appraiser, Sholdham-street, Bry anstone-square, gave Wicks a good character.)
WICKS— GUILTY . Aged 27. Recommended to mercy,—
FRY— GUILTY . Aged 34. Confined for Two Years.
1450. JOHN BASSETT was indicted for stealing, on the 8th of June, 5 pair of trowsers, value 22s.; 1 coat, vale 35s.; 7 waistcoats, value 24s.; 3 pair of drawers, value 4s.; 2 shirts, value 3s.; and 1 handkerchief value 1d.; the goods of Seth Smith.
SETH SMITH . I am proprietor of the Pantechnicon, in Belgrave-square I had a carriage there belonging to General Swaine, on the 18th of June—the imperial was attached to the carriage—the prisoner had been in my employ two or three months—I received intelligence, and asked him where the trowsers were, which he took out of the imperial—he said he did not know—I asked if he had taken any thing else out—he said, "No;" he denied it for some considerable time—I then asked where the key was—he said he knew nothing about it—after some further accusation, he said he had found a key which opened it—I got on the top of the carriage, and looked at the lock—being well acquainted with locks, I said, "I am quite certain you could not have found a key which would open this—where did you get it?"—he then said he had found a key in the street, and filed the wards out to make it fit, and taken out two or three pairs of trowers, four or five waiscoats, a coat, and a telescope—that part of the property was at home, part he had pledged, and part, he believed, was still in the Pantechnicon—I gave him into custody.
Cross-examined by MR. JONES. Q. Had you ever seen these trowsers before? A. No.
(Peter Mahoney, a carpenter, Crown-street, Soho; and Henry Toby, a builder, in the King's-road, gave the prisoner a good character.)
GUILTY . Aged 23.— Confined for Three Months.
GUILTY . Aged 17.— Confined Two Months. -
1452. ELLEN DOYLE was indicted for stealing, on the 1st of December, 1 trunk, value 2s.; 13 yards of silk, value 2l.; 12 yards of muslin, value 1l.; I shawl, value 10s.; 4 gowns, value 4l, 6s.; 2 caps. value 5s.; 6 yards of lace, value 6s.; 6 handkerchiefs, value 18s.; 6 shifts, value. 30s.; 1 petticoat, value 1s.; 2 night-gowns, value 5s.; 1 scarf.
value 6s.; 1 inkstand, value 1s,; 1 snuff-box, Value 18d.; and 12 pieces of linen cloth, value 1s.; the goods of Anne Boff': also, 3 frocks, value 12s.; 1 cloak, value 14s.; 1 book, value 3s.; I scent-bottle, value 18d.; 2 towels, value 4s.; 1 sponge-stand, value 1s.; 1 soap-stand, value 1s.; 1 brush-stand, value 1s.; 1 glass bottle, value 2s. 6d.; and 3 tumblerglasses, value 3s.; the goods of Samuel Crawley, her matter, in his dwelling-house.
MR. PHILLIPS conducted the prosecution
ANNS BOFF . I am lady's-maid to Miss Theodosia Crawley—she lives at her father's, Mr. Samuel Crawley, in Portland-place—I left there in 1833 to go abroad with my mistress—I left a blue painted box, containing some articles which belonged to myself, in Miss Crawley's room—it was locked and corded, and had a card on it—there were some things belonging to Miss Crawley in a drawer—I returned on the 15th of last May—I found the box in an adjoining room—it was not corded as I had left it, nor was the card on it—I opened it, and missed thirteen yards of silk, a place of muslin, a black shawl, and the other things stated—Miss Crawley's drawer, which I had left locked, and taken the key of with me, had been broken open—I missed from that a slate-coloured silk dress, and some towels—the officer showed me some thing afterwards—these are tome of them.
Cross-examined by MR. PAYNE. Q. When did you last tee this box safe with the card and cord on it? A. The day I left town, which was the 28th of September, 1833—I did not look into the box that day—I had seen the thing safe in it a week before—I expected to stay abroad two years—I know Madam Chaponelle; she was cook to Mr. Crawley—she remained in England—Ann Hogg had been Mr. Crawley's maid before, but her lister was then—when I returned, and found this box in the wardrobe, there was only one muslin gown, a writing-book, and two Bibles in it—they had been in it when I left it—I had locked the wardrobe and the drawers the last day I wat in town, and took the keys with me—I know Mr. Crawley's name it Samuel, hit letter being to directed, and I have heard him called by that name—he has no other Christian name—the prisoner was not in the house when I left.
Cross-examined. Q. Did you find her there when you went? A. Yes.
CARLINE WHITE . I am a dress-maker, and live in Marylebone-street. I have known the prisoner two yeart and a half—I remember her going, in March, 1824, to live at Mr. Crawley's in Portland-place—one week before last Christmas the gave me tome dark-coloured silk to make a dress for her—she said she had bought the silk, and I made it in Mr. Crawley's school-room—there were about twelve yard of silk—about two months after Chrittmat the taid Mr. Crawley did not pay her board wages regularly, and the asked me to pawn the dress for her, which I did—I took it out afterwards—I made the body of a muslin dress for her—it was a blue, ground with a lilac flower, and had a bit of yellow in it, at near at I can recollect—she said she had had it by her for some time—I remember her leaving Mr. Crawley's—she then went into the neighbourhood of Hanover-square.
Cross-examined. Q. What was the colour of the silk? A. It was dark, some might call it brown, some might call it Esterhazy—it was more like Esterhazy than London smoke—this it the dress, I am quite sure (looking at it.)
MARGARET M'LAUGHLIN . I am a widow, and rent a room at No. 11, North-street. I have known the prisoner two years—she lodged with me at different times—she came to lodge with me in May—on the Friday before she was taken up, which I think was the 19th of May, she brought her boxes to my house—I delivered them to Keys, the officer.
FRANCIS KEYS . I am an officer of Marylebone. On the 19th of May, I went to No. 11, North-street—I saw the prisoner go from the door—I asked her name—I took her nearly to the office, and then she said she would not go any further—I said she must—I took her in, and asked her where her boxes were—she said she had sent them to Liverpool—I then asked for her pocket where her keys were—she said she had no pocket on—she at last took her pocket off, and threw it on the ground—I then went to M'Laughlin's, who produced a bag with some keys in it—the boxes were then opened, and these things were found in them—this is the silk gown, and this is the muslin with the blue ground—I heard the prisoner asked how she accounted for these things—she said part of them she had bought.
Prisoner. Please to let me see what belongs to myself—there is nothing that I intended to steal—they were given to me by Madam Chaponelle—this silk I bought in Oxford-street—there was eleven yards and three quarters of it—this bombazin was given me by Mr. Crawley's maid, and this cap—I do not see any thing here belonging to my lady.
Prisoner. These shifts were lying in a drawer which Madam Chaponelle told me to clear out—she said she supposed they belonged to poor Mrs. Crawley, who never would return there again.
GUILTY of stealing under the value of 5l . Aged 24.— Judgment Respited.
DENNIS LEAHY . I met the prisoner on the 25th of May, as I was going home, and went to a room with her—I put my watch and my hat on the table—we then had some dispute, as she said I had promised her more money than I gave her—I told her to give me back what I had given her—I had given her a shilling, and paid sixpence for the room—I had not promised her any more—she would not give it me back, and she turned into bed—she then turned out again, and stooped down as if to tie her garter—I then missed my watch, and accused her of having it—she denied it—she made an alarm—the landlord came up, and sent for an officer—she was taken to the station-house, and my watch was found in her stays—this is it.
Cross-examined by MR. BODKIN. Q. Was it not 3s. that you had promised her? A. No; it was 1s.—she called up the people of the house—I work at an iron foundry—I had been with some friends till late at night—I left them at two o'clock in the morning—we were not more than a quarter of an hour together—she did not say she would keep the watch fill I had given her what I had promised—she did not speak about
the watch at all—I was as sober as I am now, in a manner of speaking—I cannot tell how much I had drank that day—there were fourteen or fifteen of us, Englishmen and Irishmen together—we drank half-and-half and beer; but I was sober.
JOHN STOKES (police-constable G 79.) I was called to Lower Saffron-street, Snow-hill—I found the prosecutor and the prisoner there—he was not altogether sober—I took her to the station-house, and found this watch on her—she said she had not stolen it.
Prisoner's Defence. He gave me the watch to hold, till he gave me the other 2s.
NOT GUILTY .
JOHN FARMER . I am an officer Farringdon Within. I was on duty in Cheapside, on the 6th of June—I saw the prisoner and another following a gentleman—I saw the prisoner take this handkerchief from the gentleman's pocket—they then turned down Gutter-lane, and I went and took the prisoner, with these two handkerchiefs on him—he said this was one he had had some time, and it had no mark on it; but it has a mark—the gentleman went along Cheapside—I do not know who he was.
Prisoner's Defence. I was going to get some money for my father, and this man ran and took hold of me; another person dropped the handkerchief, and ran away.
Witness. No; the prisoner had it in his hand, and was showing it to the other, when I took him.
GUILTY . Aged 18.— Confined for Three Months.
JOHN CONNER (police-serjeant C 51.) I was in Brick-lane, St. Luke's, on Saturday evening, the 30th May—I saw the two prisoners, and another, who is not in custody—I watched them—I saw them turn out of Gee-street, and come towards me—I saw the one not in custody with something in his hand, but I could not see what—they saw me, and turned the contrary way—I went after them; and saw the other boy give Roberts something—I went and collared Roberts—he had this book under his jacket—Street stood three or four yards from me—I asked a gentleman to give him to me—the other boy went away—I asked Roberts where he got this book—he said his father was a bookbinder; that he had brought this book to read, and he was going to take it back again—I took him to the station-house—I went to inquire for his father, who is a shoemaker, not a bookbinder.
ELIZABETH CHIDLEY . I am the daughter of. John Chidley, of Goswell-street. This book is my father's—on Saturday evening, the 30th of May, the prisoner Roberts came to our shop, and another boy with him; another staid outside the door—I cannot say who the other two were—Roberts came and asked me the price of some prints; it was then between seven and eight o'clock—he was taken about a quarter past eight o'clock, about five hundred yards from the house—I told Roberts the price of the prints—the other boy went out—Roberts staid looking while I spoke to some
lady who came in, and the other boy came in again—I afterwards missed the first volume of "Tom Jones"—here are the other three.
Street's Defence. I did not know the other boys.
ROBERTS— GUILTY . Aged 16.— Confined Three Months.
STREET— NOT GUILTY .
JAMES FRANCIS KITE . I am a gardener, and live at Hackney. I have known the prisoner a long while—on the 20th of May I missed some garden-pots—I made inquiries—I ran out and saw the prisoner with then in his arms—he was a hundred yards a-head of me—when he saw me he ran to the hedge—I ran to him, and asked him for my own—he said, "You shan't have them; rather than you shall have them, I will smash them all to bits, and smash you afterwards"—he broke them all to pieces, but I saw they were mine.
Prisoner. I went into his garden, as be had owed me 6d. from the 17th when he came and called me up at three o'clock in the morning to go to market. Witness. I never owed him any thing in my life—I have heard the he slept in my shed, but not to my knowledge—I never hired him to work for me—he has worked without my asking him—I have always satisfied him afterwards—I have given him victuals, but he never boarded with me.
Prisoner. I went for my 6d.—he said he could not give me that, but he would give me ten pots, and he put them into my arms—I went out with them, and then be ran after me, and wanted them back again—he took hold of them, and they broke, being damaged.
GUILTY . Aged 22.— Transported for Seven Years.
MARY MULHEARN . I am the wife of George Mulheam. On Friday night, the 22nd of May, the prisoner came to my husband's shop in Monmouth-street—she asked for a gown—I showed her one—she asked me to let her take it to her sister, who was poorly—I said I did not know her, but if it was not far, I would go with her—she took me to Lumber-court—I waited a quarter of an hour while she went up—she came down, and said, "Wait ten minutes, while I go to borrow the money for the gown"—I did not tell her she might have another gown—I was waiting with the gown for her—I am sure she is the person—she did not bring me another gown.
JOHN ANDERSON . I am son of the last witness. The prisoner came to me, and said my mother had sent her for a gown—it was hanging up in the shop—she took it down, and pretended to go to my mother with it.
Prisoner. I was never in the shop. Witness. I am sure she is the person—she acknowledged before the Magistrate she was there.
GUILTY . Aged 20.
CECILIA HOOOERTY . I am the wife of Patrick Hoggerty. I lost two children's petticoats and two frocks on the 25th of May—these are them I—I knew the prisoner—two or three days before the 25th of May, she came to me, and said her father had turned her out—I took her in for two or three days.
Prisoner. Her husband sent me with them to pawn, which was proved at Bow-street.
GUILTY . * Aged 20.— Transported for Seven Years.
Sixth Jury, before Mr. Sergeant Arabin.
JOHN THOMAS LINDSEY . I am a working jeweller, and live in Jewincrescent, Jewin-street, Cripplegate. I have known the prisoner eighteen months—knowing he had a situation at Salters-hall chapel, I went to speak to him about his father—he had called on me once before, wishing me to make a ring for him—on the 16th of December, I received two notes from him, in consequence of which I sent three rings by his boy—he retained the property till the 23rd or 24th of December—I then received intelligence, and went and left a note at his opposite neighbour's—I had not sold these rings; he had them on show—I afterwards understood they were pledged.
Cross-examined by MR. CLARKSON. Q. If he had sent you the money you would have been satisfied? A. I did not know that I had sold them—I took him into custody on the 15th of this month—I sent him the price of the three rings—I had transactions with him before, but never received money.
NOT GUILTY .
MARY ANN CURRIE . I am the wife to Holt Currie, a dancing-master, and live in St. Martin's-lane. I took the prisoner into my service—she had been there two days—on the 4th of June, I received three sovereigns and one shilling, which I placed between the bed and the mattress in my bed-room, at nine o'clock in the evening—the prisoner was there then—I went down to my sister's and left the prisoner in the room—I returned at half-past nine o'clock, and the prisoner had left without giving me notice—she never returned to my house—I went and took her at her lodgings—I said, "Mary, how came you to take this money?—she said, "I have not got it. my daughter has got it,"—she went out after her daughter, but did not find her—she came back and spoke to the policeman.
WILLIAM SMITH (police-constable F 158.) I went with Mrs. Currie in search of the prisoner. She accused her of stealing three sovereigns—she said she had not taken it, that her daughter had got it—she blew out the candle, and went in search of her daughter—she then came back, and said "I will give you a sovereign to let me go"—she put a sovereign into my hand—she then ran off—I followed, and took her—I found in her hand a purse, containing three sovereigns, one shilling, and three farthings.
Prisoner's Defence. She knew me when I lived in the Strand. She lived in a" company house"—I have known her to bring in 10l. or 11l. per week, and give it into my care—she told me to lock her room and take care of this money—I took it to my home, and she then brought the officer.
GUILTY . Aged 40.— Confined Six Months.
HENRY POUND . I keep a trunk shop in Leadenhall-street. I have known the prisoner some time—he applied to me on the 6th of September, saying be had an order for a trunk for a lady, but was unable to make it; and he should be obliged to me to let him have one—he looked out one which was worth 28s.—I said he should have it for one guinea—he said, "you have no objection to trust me?"—I said, "I have great objection"—I sent my boy with him—he returned without it—he said the lady lived at the back of the Pavilion theatre—I took a policeman, and went for him, but could not find him.
JOHN FOSTER . I live with the prosecutor. The prisoner came in September about a trunk—my master sent me to bring the trunk back, or the money—I went with him to No. 24, Nottingham-street—he told me to wait outside—I waited five doors off—he said he would bring the money directly—I waited ten minutes—he came out and said the lady was gone out to buy stockings, and I was to come at two o'clock and receive 26s., and he would call upon my master for the 5s.
MARY HACKETT . I live at No. 24, Nottingham-street—I left there on the 6th of September—I know the prisoner—he did not lodge in the same house with me—on Saturday morning he brought a trunk, and asked my permission to leave it while he spoke to a person he had left; he returned in twenty minutes, and said he had got an order for the trunk for a lady, and he should clear eight shillings by it, which would pay very well for that morning's work—he took it away—I saw no more of him till he was in custody.
Prisoner. I stand here charged with felony; I leave it to your Lordship and the Jury to say whether I am innocent.
GUILTY . Aged 30.— Confined Six Months.
OLD COURT.—Friday, June 19th, 1835.
Third Jury, before Mr. Sergeant Arabin.
1462. MARY DUNDAS was indicted for stealing, on the 11th of May. 2 sheets, value 11s.; 1 pillow, value 3s.; 1 counterpane, value 4s.; 2 flat irons, value 1s.; 2 saltcellars, value 9d.; 1 wine-glass, value 3d. 1 tumbler, value 6d.; 1 spoon, value 3d.; 2 table-cloths, value 1s. 6d.; 3 plates, value 1s.; 1 ironing-blanket, value 6d.; 1 basin, value 6d.; and 1 apron, value 3d,; the goods of Joseph Salkilld.
ELIZABETH SALKILLD . I am the wife of Joseph Salkilld, and live in Henry-street, Hampstead-road—the prisoner lodged in my house eight weeks, and had one furnished room, at five shillings a week, but I never received a farthing—I went into her room, and asked if my things were right—I was putting down the bed, and she said she had pawned the sheets—I sent for an officer, and missed all the property stated in the indictment—I never allowed her to pawn it—she is a single woman, and she said she had £150 to receive on the 5th of May.
FREDERICK WOOD . I am shopman to Mr. Wells, a pawnbroker in the Hampstead-road—I produce a counterpane, towel, two irons, and one sheet—I cannot say who pawned them—I took in some myself—I have seen the prisoner at the house—I am certain a woman pawned them.
(Property produced and sworn to.)
The prisoner pleaded poverty.
GUILTY . * Aged 31.— Transported for Seven Years.
Before Mr. Justice Park.
MESSRS. PAYNE and MAHON conducted the Prosecution.
JAMES CONNELL . I live at No. 13, Lascelles-court, St. Giles', near Salutation-court—there is one house which divides the two courts from each other—the prisoner lived at No. 2, Salutation-court, and Pedley, the deceased, at No. 1—the court is not a thoroughfare—I was in that court a little before eleven o'clock, on Saturday night, the 6th of June I saw the prisoner there, and the woman he lives with—she goes by the name of "Ann Benson"—they were in Pedley's room—Benson was quarrelling with the prisoner—Pedley was trying to part them—I was looking into the window, and could see them—the room is on the ground-floor—Benson had a poker in her hand, and Pedley was trying to part them—he was advising them to go out of the house—the prisoner apparently wanted to hit Benson, and she had the poker up to defend herself—Pedley was quarrelling with Potter—I could not hear what words passed—he was not touching him—I did not perceive them strike each other—there were persons collected together, looking in at the window—I should think the words between Pedley and Potter continued five or ten minutes—the deceased got Potter and the woman out of the house—they went out themselves—he used no violence—Potter then came into the court and fought with a young man named Carr—they did not strip—Potter did not appear sober—he got Carr into his own passage, and Ann Benson too, and shut the door—Carr hallooed out," For God's sake, somebody open the door!" I shoved the door in myself—I did not see the prisoner, as it was dark—Carr went out of the Court, and I went after him—I returned into the court between five
and ten minutes after—the people then said, the prisoner had a knife in his hand—I did not see the knife—I saw the prisoner there—I do not know whether he heard what the people said—they told me to keep away from him, and I did—I saw Mrs. Cormack come; she said she would get a policeman; she had just turned the end of the court, when I saw the prisoner make a thrust at the deceased—he had to move to make the thrust at him—the blow struck him on the right side of the lower part of the belly—when Mrs. Cormack said she would get a policeman, the deceased exclaimed, "Mrs. Cormack! Mrs. Cormack! come back, I am stabbed, I have got it here;" and I saw his guts in his hand—he was supported into his own room, and put into a chair, and a doctor was sent for—I remained there till he was taken away to the hospital—I do not know positively how long it was before he was taken to the hospital—it was about a quarter of an hour that he sat in the chair—the surgeon did not come till after he was gone to the hospital.
Cross-examined by MR. BODKIN. Q. What countryman are you? A. Irish—one part of the court is inhabited a great deal by Irish, and the other is not—I do not know what countryman the prisoner is—I have known him about three weeks, just by sight, but not to speak to him—I had spoken to him once before this took place—I had a quarrel with him myself, about a quarter of an hour before this happened—it was not that quarrel which led me to Pedley's house—after that I went down the court away, and when I returned he was in the deceased's room with his girl—I was gone down the court between five and ten minutes—I was standing in Broad-street, and he was standing with the girl he lives with—he knocked her up against an old woman's basket, and I told him to mind what he was about—we went up the court, and had a quarrel, and I struck the prisoner—I did not strike the woman—I had no provocation to strike her—she was not there at the time—I did not strike the woman with my crutch, when he pushed her against the basket—I did not lift it—the prisoner did not say to me," Do not strike the woman, if you want to strike any body, come out and fight like a man"—he said nothing of the sort to me.
Q. What was your reason for going to Pedley's house? A. I was going up my own court, and saw people round the window—I went down to look—I had struck the prisoner before I went to look into the deceased's room—I struck him with my hand—I saw nobody near me but the prisoner then—it is not true that I and four or five others followed him up the court to Pedley's house—they might have gone to look in at the window, as I did—but what Carr quarrelled with him about I know nothing of—he was thrown down by Carr when he was fighting—he was not knocked down at all—I did not see him down—he might be knocked down before I got to Pedley's, without my seeing it, because I went down the court—I went to the bottom of the court, and waited there—I might have gone out of it; it leads into Broad-street—I did not go farther than Broad-street, and when I returned, the prisoner was in Pedley's house—I swear Benson had a poker in her hand—I saw it—the door opens into a passage—I saw them through the window—there was a light in the room when the quarrel was between the prisoner and Benson—nobody else quarrelled—the deceased had words with the prisoner, trying to persuade him to desist—there was nobody at the door quarrelling with him—there is one lamp in the court—between numbers two and three.
MR. PAYNE. Q. How long was it before you saw Potter in Pedley's room, that you quarrelled with him? A. Between five and ten minutes.
JAMES THORNTON I am a shoemaker, and live in White Hart-street, Strand. I was in Salutation-court, on Saturday night, the 6th of June, Abour eleven o'clock—I saw Potter there, and the decesased, Pedley—I saw The deceased standing at his own door when I went into the court—he had nothing in his hand—I heard no words pass between Pedley and Potter—I saw no blows struck at that time by them—the prisoner went to his own door—that is next door to the deceased's—some man, whose name I do not know, followed him to his own door—it was not the deceased—I next law Parker look out of the first-floor window, and in one or two minutes after I saw him in the court again—I saw nothing in his hand—he ran at the deceased and struck him—he ran directly from his own door to the deceased, that was about three yards—I was about two or three yards from him at the farthest—he struck him somewhere about the belly, on the right side—I thought he had only struck him with his fist—after he had struck Pedley, he ran into his own door immediately—Pedley said, "For God's sake, fetch a doctor!"—he was taken into his house—when the prisoner ran into his own house, the door was left open—the deceased was taken into his own room—I remained there till the policeman came—when the policeman came, the door of Potter's house was locked—some people in the court broke it open—I went up stairs with the policeman, and saw the prisoner lying on his bed with a woman—I do not know her name—they both had their clothes on—the door of that bed-room was shut—we had to burst that open—I saw the policeman pick up a knife, which was on the floor—there were stains of blood on the knife—two knives were found—I only noticed blood on one.
Cross-examined. Q. How long had you been there before this happened? A. About a quarter of an hour, or twenty minutes. I did not see the beginning of the affray—all was quiet when I came into the court—I did not see the prisoner down on the ground before he went into his house—I saw no quarrelling going on with him before he went into his house—I saw one man run into the house after him—two or three at the door pushed the door open, and got the man out—I was two or three yards from the deceased at the time the blow was struck—there were two or three people in the court at the time, and two or three about the door—I did not hear any one say," Don't go to him, for he has a knife. "
ELIZABETH CORMACK . I am the wife of John Cormack, and live in Church-lane, St. Giles's. John Pedley, the deceased, was a collector of rents for my husband—my house is about five minutes' walk from Salutation-court—in consequence of hearing a disturbance there, I went there—it was twenty minutes after eleven when I left home—I went to Pedley's house—there was nobody but Pedley there—I went to the window, and looked out into the court, and saw Potter come out of his own door with a knife in his hand—I did not see any one in the court when I went—Pedley went out at the door, and when I saw Potter with a knife in his hand I told him that I saw him with a knife, and told him to come in—he did not come in; he said the prisoner would not hurt him—I went to go past Pedley and Potter to fetch a policeman—I did not see the prisoner violent or making a noise, he only came out with the knife—I told Pedley I would go and fetch a policeman, in consequence of hearing Potter say he would stab the first person who came near him—after I said I would go and fetch a policeman, he made a blow, but whether it was at Pedley or me I don't know—he turned round, about three steps, to make the blow—I had a basket in my hand, and the knife glanced down the side of the basket
and scratched my hand a little; I have the mark of it now—I had the basket down in my hand, and I held it out when I saw the blow coming—the deceased was close to me, almost as near as he could stand—Potter drew back his hand immediately, and struck a second blow at Pedley; but where he hit him I could not see—I went to get a policeman—the deceased said, "For God's sake come back, I am stabbed, I shall faint!"—I did not go back—I went on for a policeman, and found one at the end of Drury-lane—I might be five minutes out of the court.
Cross-examined. Q. How many persons were about at the time? A. I saw none but Thornton—I saw nobody else in the court—I did not see James Connell—I do not believe he was in the court—I did not meet any persons till I got to the top of the court, and then there were several—I was called to the court by hearing a disturbance; but that was in Broad-street—the court is not two minutes' walk—I do not know whether Connell was one of the persons I saw—I did not observe him—there were several, as there always are, at the top of the court in Broad-street—they were not in the court, but at the top of it, in Broad-street—the persons did not appear to be coming from the court—not above a minute elapsed between my seeing the prisoner with the knife, and the blows being struck—he struck one blow which struck me, and the other which struck the deceased—the basket was on my side nearest to Pedley—Potter was between us.
COURT. Q. Then the side he struck was nearest to Pedley, and if the blow had continued without being drawn back, it might have gone into Pedley? A. Yes.
MR. BODKIN. Q. Did the second blow follow immediately? A. Immediately, as quick as he could lift his arm—I do not believe it mattered who he struck—I believe he would have struck the first person he met.
COURT. Q. How far is Pedley's house—are there many houses in the court? A. Pedley's house is the first house in the court—it is very near the mouth of the court, and the prisoner's is next door—Pedley's house is a little room to itself—only one room—it has only one window—there are two turnings before you get into the court without any houses at all—Pedley's house is not more than six or eight feet from the mouth of the court—the turnings are small passages—a person standing in the mouth of the court, in Broad-street, might hear a disturbance six or eight feet off, but it would be impossible to see—when I got there I heard no disturbance at all—I did not see any persons running out of the court, and the lame young man following them—Pedley had not lived there a fortnight.
DANIEL HORROGAN . I live in Charles-street, Drury-lane. I knew both the prisoner and the deceased by sight before—I was standing at the bottom of Lascelles-court, Broad-street, about eleven o'clock—I saw the prisoner coming along Broad-street—he went up Lascelles-court, and turned down Salutation-court to the right—I did not see any body with him when he went up the court—I heard a noise afterwards, and went up the court—I saw Potter and Pedley, and the woman he lived with, in Pedley's room—I was standing outside by the window—I saw the man and woman quarrelling, and Pedley went between them—I did not see him with any thing—there was a light in the room—I saw Potter try to strike the woman with his fist—I did not see Pedley strike Potter at all—if he had done so, I must have seen it—I afterwards saw Potter come out of Pedley's house, and go up to his own house—the woman went first—I saw nothing happen before he went in—I saw him come down stairs afterwards—(I had not seen him at the window before that)—he had a knife in his hand
—I saw part of the blade of the knife—I do not recollect seeing Mrs. Cormach there—Pedley was standing about a yard away from where Potter lived, at the door in the court—I saw Potter run to him, and make a thrust at him—I think he struck him some-where about the belly—Pedley came up the court then, and said, "Mrs. Cormack, Mrs. Cormack, my guts are out!"—I had not observed her—I went to fetch a doctor, and when I came back I saw Pedley taken on a shutter to the hospital.
Cross-examined. Q. Did you see any thing of any previous quarrel? A. No; I don't recollect seeing him quarrel with Carr—it might have been before I went up the court—I heard of it—no one went up the court with me—I think I saw Connell in the court; but I am not certain—I was looking at Pedley at the time the blow was struck—I can't say where Mrs. Cormack was, for I did not take notice—directly it was done, somebody called to me to fetch a doctor, and I ran directly—there were a good many persons about—I dare say there were as many as ten.
COURT. Q. Did you hear what the deceased was urging in his room; was he not urging them to go home? A. He was urging them; trying to make peace with them, and they went out of his house—I don't recollect seeing the prisoner fighting with a man in the court before he went into his own house—I know Carr—I do not recollect seeing him fight with the prisoner—it might be before I went up—I saw him afterwards at the bottom of the court—I cannot tell whether he was in the court—he might be among the people.
EDMUND DAVIS (police-constable E. 74.) I was called in to take the prisoner into custody—Johnson was with me—I found his door fast—I broke a shutter, in the first instance, and got in, and while I was inside, the outer door was forced open outside—I went up stairs, and found the room door fast—I broke that open—Potter would have to go ninety feet five inches from Pedley's door up into his own room and back again—I found him lying on the bed alongside of a woman—they were both dressed; he said, "I know what you want me for, I know I done it; I done it in my own defence"—he said nothing more—I searched the room, and found a knife up in the corner of the room, all over wet blood, and the fat of the entrails was on it at the time—I saw Pedley in the hospital—I saw him after he was dead—he died on Monday, the 8th of June, at half-past three in the morning.
Cross-examined. Q. Did you find any poker? A. I did not—I did not look for one at Pedley's—I did not search his room—I have been stationed in that neighbourhood about six years—the lower Irish congregate there very much, and disturbances very frequently occur.
COURT. Q. Were you present at the Middlesex hospital, when Mr. Laing, the magistrate, was there? A. I was, on Sunday, the 7th of June—the prisoner was present—I took him there—I knew the deceased—I only knew him by the name of Blucher—Mr. Laing examined him in my presence, and in the presence of the prisoner—the prisoner heard all that was asked him—I saw him sworn—the prisoner did not put any questions to him—after it was taken down, it was read over to the deceased by Mr. Laing in the prisoner's hearing—the deceased was sworn while the prisoner was in the room—he was very much fatigued at the time, but perfectly understood what he was about.
CAMPBELL GREIG DE MORGAN . I am house-surgeon at the Middlesex hospital, and was so on the 6th of June—I was not present when the deceased was brought in—I saw him about a quarter of an hour after—a very few minutes after twelve o'clock—I saw a wound on the right side of the belly, and a portion of the bowels protruding—the wound was inflict with a cutting instrument; such a knife as this would produce the wound, if used with great force—I believe the wound in the abdomen was the cause of his death—he died on Monday morning, at about half-past three o'clock.
THOMAS GREEN . I am servant to Mr. Pedley, the brother of the deceased—I have heard his brother say his name was Henry—I heard that before his death—I saw him once or twice—I only knew him by his coming once or twice there—I have heard Mr. Pedley say, "That is my brother Henry"—I have seen my master and the deceased together, and have heard them speak together.
ROBERT JENKINS . I am a police inspector of the E division. I was present at the Middlesex hospital when the magistrate took the deposition of the deceased Pedley—I saw him put his signature to it—it was read over to him before he signed it—I saw Mr. Laing put his signature to the deposition—I saw the deceased put the name of Henry John Pedley to the deposition—Mr. Laing asked him if his name was Henry John, and he said it was.
HENRY TOBIN . I am brother-in-law to the deceased, and live in King's-road, Chelsea—he went by the name of Henry John Pedley—his sister told me so when she saw this in the newspaper—I never knew him by any other name.
ALLAN STEWART LAING, ESQ . I am a magistrate—the whole of this deposition is in my hand-writing, and this is my signature to it—this is the signature of the deceased—it was taken by me in the prisoner's presence, and read over to the deceased in his presence—I took down every word exactly as he stated it.
The said Henry John Pedley says, I live at Salutation-court—the prisoner was ill-treating or beating his wife, or the woman he lives with—I interfered, and told him he ought to be ashamed of himself—the woman and the prisoner had a scuffle, and at last they got outside my door—the prisoner was very drunk—there was two or three more chaps came down the court, and had a fight with the prisoner, who then ran up stairs, and ran down again, with a knife, and ran it into me—but whether he intended it for me or the others I do not know."
Prisoner's Defence (written.) The facts of the case have been very much misrepresented by some of the witnesses—the whole of the provocation I received from Connell and his associates, which drove me to a state of frenzy, have been kept out of view; but that I was provoked almost to madness, I think you will feel, when you have heard my witnesses—feeling my life in danger, I hastily seized the first thing that presented itself, and what happened afterwards I cannot state, for I was in that excited state; but I solemnly declare, I was acting under an impression that I was defending myself from violence, but not towards the deceased—we were always on the most friendly terms—I trust you will hear Benson's evidence—I deplore that I should have been, however, innocently, the cause of the death of the deceased.
question I was coming home with him, about half-past nine o'clock—he was very tipsy—I never saw him so drunk—when I entered the court, there was a fellow with a crutch (Cormack) and five or six more—the prisoner had his hand on my shoulder, and he happened to touch the fellow with the crutch with his elbow as he passed by, and he struck me on the nose with his crutch—I got the prisoner down the court, away from them, and then they followed him down, five or six of them, and they knocked him down—I picked him up, and then they knocked me down, and ill-used me, and pulled me by the hair of my head—Horrogan struck me, and Thornton knocked me down—the prisoner was with me at the time—I got up, and went into Pedley's house with Potter—Pedley was there—when we entered Pedley's house, I fastened the door, and they burst it in; and they hit Potter inside—he went in to pay his rent—the witnesses forced the door, all three of them, and they all three hit him—Pedley told them to be quiet—we staid in Pedley's house about ten minutes—there was not a word took place between Potter and Pedley—when we came out I fastened myself in the passage of No. 3, because they flung stones—(I live in No. 2)—I ran in when the stones were flung—I was frightened to go into my own house—when I heard the man say, "I am stabbed," I came out—he said, "I am stabbed, I am stabbed; send for Mrs. Cormack"—I then came out—I saw nothing but people—I was so frightened, I did not see Potter—I never saw him any more till I saw him at the station-house next day—after I came out of No. 3, I went into my own place, No. 2—Potter was there—I remained there with him till the policeman came and took him—I have been acquainted with him about twelve months—he is a very quiet man, except when drunk, and that is very seldom—he is a smith—I did not know Pedley for more than a week—the prisoner and Pedley were on very good terms—they had not a word of dispute—I did not notice what state of mind Potter was in when I found him in the room, directly after this; for I was to ill-used myself, I was in no state of mind to notice any body.
MR. MAHON. Q. Had you and the prisoner any quarrel in Pedley's room, and in his presence? A. No; we had about eleven o'clock in the. day-time; but no quarrel that night—Pedley interfered when these men struck me—the prisoner and I were not quarrelling that night—Pedley did, not say that the prisoner ought to be ashamed of himself for treating a woman like me in that way—I did not hear him say so—he might say it—the prisoner took up a toasting-fork in Pedley's house, and I broke it in halves—I had nothing in my hand but the bit of the toasting-fork—I had no poker—I thought he was going to do mischief with the toastingfork, and I broke it in halves—I am not related to the prisoner—I have lived with him about eight months.
Q. On coming through the court, and seeing the lame man with the crutch, was Pedley there? A. No; Pedley did not strike or offer any violence to me or the prisoner—he was in his own place, and not interfering at all—Connell struck me first—Horrogan struck me, and Thornton took me by the hair of my head—they struck me without any provocation—I know nothing of any previous quarrel the prisoner had with them—I never saw him quarrel with any body—they burst Pedley's door in—I was inside—I had my back to the door, keeping the prisoner in, and they burst it open—there was no fastening to it, but a bolt—they came into the room, and struck both of
us in Pedley's room—they did not strike Pedley—they struck me on the nose, and pulled the hair of my head—I was a witness at the Coroner's inquest—I stated this before the Coroner in the very same way—I was sent out of the room—they said I was tipsy—the Coroner did not send me away—he said I might go—this knife was shown to me then—I have never seen that knife before—I have never seen it in the prisoner's possession, or in his house—I never saw it at table.
COURT. Q. You were very sober? A. I was as sober as I am now—Potter was very drunk—he went to pay his rent to Pedley.
EDMUND KEAGAN . I live in Lascelles-court, and sell fruit. I have known the prisoner by sight for three years, but never spoke to him in my life—on the night this happened, I was in the street, near the court—I saw the prisoner pass by and go up the court, seeming to go to his lodging—there was a woman before him—he was mobbed by two chaps who stood against a lamp-post—they insulted him—they followed him up the court, and I followed them out of the street—I saw the lame man strike the prisoner, who went away, and made no resistance—he returned no blow whatever—there was no fight at that time—I saw nothing but his naked hand strike him—the prisoner entered into Pedley's room—some words passed there—I could not hear what was said—I heard Pedley say, "Go out of here; I will not have rows here"—some of the men were then outside Pedley's house—Connell called out," Turn the man out, (meaning the prisoner) we will wait for him"—Pedley's door was open at that time—I did not see how it became opened—I withdrew into my own room, as I thought the dispute too tedious—my room is just round the comer—it divides the two courts—I went home to get my supper, and in a short time I heard the loud screams of a woman—I went to see what was the matter—I saw this woman in the middle of the court—I saw nobody strike her, but I saw Connell come from her with a sort of satisfaction—she then went in doors to No. 2, seemingly into her lodging—I cannot tell what house she lodged in—she went in and fastened the door, and stopped there so long, I do not know what time she came out—I did not see her afterwards—I saw these fellows forcing the door in after the woman—she was crying "Murder" still, and one of them entered in, and the door got fastened in upon him—he cried to his partners outside to get him out, and they got the door open, and let him out—I heard the cry of a man being stabbed, when I was in my own room at supper—it was ten minutes or a quarter of an hour after the first confusion that I heard it—I do not know where the woman was then.
COURT. Q. You were selling fruit in the street? A. I was standing by my basket—I left my basket in Broad-street, and went into the court; but my wife minded my basket.
HENRY FLETCHER . I am in the employ of Mr. Mason. I have known the prisoner for three years—he is an inoffensive man—on the night in question he was so tipsy, I was obliged to assist him home to the court—he did not know where he lived.
COURT. Q. What time did you take him home? Q. At half-past ten or a little before eleven—I took him to the end of the court, and persuaded him to go home.
her in Pedley's room—I did not see the poker—I never touched her that night, or him either—I did not see Thornton there—I did not hit the prisoner at all that night.
JAMES THORNTON re-examined. I did not knock the woman down—I did not see her till I went up stairs, and saw her on the bed—I never pulled her hair or knocked her down—I did not see any body touch her.
JAMES CONNELL re-examined. I never touched the woman with my crutch—I never lifted it from under my arm—I struck the prisoner, but not with my crutch—he made use of bad language to me when I asked him to mind, and not run up against the woman's basket, which stood at the end of the court—he was tipsy and staggered against the basket.
(Thomas Mason, coach-smith, Neale's-yard, Seven Dials; and John Hobbs, wheelwright, Bowl-yard, gave the prisoner a good character.)
GUILTY of Manslaughter only. Aged 26.— Transported for Life.
Before Mr. Baron Bolland.
MR. BODKIN conducted the Prosecution.
SAMUEL MARTIN . I am a sailor on board the John Renwick, West India ship. We were in the river on the 2nd of June, and about to go into the docks—the deceased, John Peter Oram, was a sailor on board the vessel—the prisoner was acting as third mate—we were hauling the ship into the docks—the crew were all pretty active—I just came from aft—the prisoner was just before the fore hatchway—Oram came off the windlass as I came forwards—he jumped off the windlass, and struck the prisoner back handed, and he went over a spar and a chain: it was a sort of trip up as he was standing between the spar and chain—he would not have fallen if Oram had not shoved him—he struck him by the side of his ear, or about the ear—I was on the other side of the deck, and could not see nearer—he struck him, as it appeared to me, with his open hand—Menzies got up, and I saw him put his hand into his pocket, and take a knife out—he went immediately and stabbed Oram; but the pilot spoke to him after he had the knife out, before he struck him—he said, "You villain, are you going to stab the man with that knife?"—he was right over his head when he said that—on the top-gallant forecastle—he must have heard him—the prisoner said nothing when the pilot called out, but went immediately, and struck Oram in his left breast—I caught hold of Oram as he staggered—he said, "I am going, I am going "—and as he fell on the deck, he said, "I am done for"—Menzies went aft, and I believe jumped over-board, but I did not see that; but he was brought on boar and again jumped over—Oram was taken aft, and a doctor was sent for—he died between three and four o'clock next morning.
Cross-examined by MR. CLARKSON. Q, You heard no words pass between the prisoner and the deceased? A. No; we could not hear, as the ship was all in a bustle—I never said that I heard any words pass—they were jawing, but I do not know what it was about—this was done directly I came forwards—Oram was about forty years old, a strong stout man—a man named Owen heard what the pilot said, but he is not here—I was examined before the Coroner—I was called to say what the pilot said—he ought to have come and answered for himself—I answered for all I knew, but I did not answer for other people—the Coroner did not ask me if I had any thing more to add to my deposition—they told me not to go away,
for they were going to call me in a second time—I did not mention the pilot, or what he said—I never mentioned a word about the pilot; and when I came to inquire, he did not appear—yarn is used to block the vessel—I do not know whether the prisoner had been using the knife to cut the yarn—I did not go to him for any—I did not see him cut any, nor did I see him using the knife at that time—he had been using his knife in the afternoon—it was his duty to serve out the yarn to the ship's company—I never saw that knife before—he had another knife in his pocket at the time, which is in court now—I cannot tell how long we had come from Gravesend—we were towed up by a steamer—I believe I drank two glasses of grog that day—the crew had not been drinking, to my knowledge—I had no beer at Gravesend—I cannot state whether the crew had—I did not say before the Coroner that we had beer at Gravesend—what I said was read over to me, before I put my name to it—we had some beer the night before—I did not say we had some smuggled beer—I had not tasted a drop of any thing at Gravesend.
COURT. Q. You said the blow Oram struck the prisoner was a backhanded blow with his open hand? A. It appeared so—I said before the Coroner that he struck him—I did not mention whether it was with his fist or hand—I do not recollect saying that he struck him with his fist—I said, I saw the man strike him a blow—I believe those were the words—the blow was by the side of his head or ear, or somewhere thereabouts.
CHARLES PHILIP BROWN . I belong to the John Renwick—we were hauling her into the docks in the evening—Menzies was before the forehatch—Oram was sitting on the windlass—I heard Oram say, "If you give me much more of your cheek or jaw, I will put you down in the coal-hole"—before that the pilot had ordered something to be done, and the chief mate ordered the prisoner to get a block from below—he seemed intoxicated, and I went to his assistance—I went to where the block was, and passed the end of a rope down to him to make fast to the block, but I was not strong enough to raise it, and called Oram to assist me—he called once or twice, and said to me," Mind yourself, Brown; that block can be got out easy"—he said to the prisoner, "Why don't you move these blocks, those are lashed together off that strap?"—the prisoner replied," You are stronger than me, if you can't get them off, how can I?"—Oram said, "You stand in a better place than I do to reach them"—the prisoner replied, "You get paid for it, and I don't"—Oram replied," You are third mate of the ship, and get 3l. a month, how can you say you are not paid for it?"—I then left them, and went aft—I returned in five or six minutes, and found them in the same place—I went aft again, and on returning forwards; saw Oram sitting on the windlass, and Menzies standing just by the fore-part of the hatch, six or eight feet from Oram—I heard Oram say, "If you give me much of your cheek or jaw, I will put you down the coalhole"—Menzies replied," You are not game; I dare you to do it; come and strike me if you are a man"—Oram sprang off the windlass, and struck the prisoner—whether it was with his fist or open hand, I cannot say—I did not notice where he struck him—the blow occasioned the prisoner to stumble over a chain and spar—I think he must have fallen forwards—I do not think it was in consequence of the blow, but he appeared to be going to dodge, and so he stumbled—he would not have stumbled if he had not been struck—I turned my face away for a second or so, and when I turned again, I observed Menzies drawing a knife away from the deceased's breast—I did not hear the pilot say any thing before Menzies struck the deceased
—Oram clapped his hand to his breast and walked to me—I said, "Are you stabbed"—he said, "Yes"—I sang out to the chiefmate" There was murder on board the ship—here is a man murdered"—Oram walked a few yards, and the chief mate ran forwards hastily—I went to get some lint, and saw no more of Oram—I heard him say as he was falling, "I am going, I am going"—I afterwards saw the prisoner in the cabin—a man named Owen asked him, for the knife, and he gave him the knife—Owen said, "That is not the knife"—he said, "That is the only knife I have about me."
Cross-examined by MR. CHAMBERS. Q, Have you been examined before, respecting this? A. Yes, before the Coroner—I said nothing about the knife there—I had been in the ship very nearly two months—I became one of the crew in Jamaica—I was a common seaman—I had had a word or two with the prisoner the day before this, and I just touched him, I did not strike him a heavy blow, I touched him with my finger—the mate ran up and shoved me away, because the prisoner gave me a blow or two—I had not refused to obey any order the prisoner gave—we were hauling up the sheets—he wanted to haul the flat out, and I said, "It is no use hauling it yet"—he said, "I want none of your orders; what do you know about it?"—I said, "I know as much as you do, I expect"—two or three words passed between us—he gave some rash words, and I just touched him with my hand—he ran after me and gave me two or three blows, and I just kept him off; that was all—I used no threat to him—I did not say I would serve him out—I said in my passion, if I was sure he would strike me again, I would strike him—the coal-hole it down the fore-deck, about ten feet from where Oram was standing, and he was about that distance from it when he struck the prisoner—the coal-hole was not very deep at the time, because it was blocked up with sails and barrels, and was battened down—I never heard Oram use threats towards Menzies before this—he was not in the quarrel the night before.
GEORGE GILL MOFFAT . I was chief mate on board the vessel—I saw no part of the transaction—I was attending to the helm—I saw Oram staggering, and he fell against the bulwark—we carried him into the poop, and laid him on a table till the doctor came—he died on board the vessel.
Cross-examined. Q, He was a stronger and a larger built man than the prisoner? A. Yes; very much so—it was Oram's and Brown's duty to obey the orders of the third mate—I once before heard Oram threaten Menzies—there had been beer on board at Gravesend, and I believe every man partook of it—I will swear they all knew there was beer brought on board; but Martin is very deaf—there was very great confusion on board the vessel.
MR. BODKIN. Q. When was it brought on board? A. The same day—Menzies was ordered by me to cut some tow at Woolwich, and he had a knife for that purpose—I had given him the knife in question in exchange for some cigars—it comes out with a spring—it does not open in the ordinary way, but by pressure.
THOMAS GRAY . I am a surveyor of the Thames-police. I went to the ship in consequence of information—I found the prisoner in a boat with a good deal of water in her—before I spoke to him he said he was sorry for it, and that he was the person who did the deed—I asked him where the knife was—he said, "Take me on board, and I will show it to you"—he pointed it out to me behind his bed—there was blood on it.
lying on the poop—he was wounded in the chest, it was about an inch in width on the left side—he died about five o'clock next morning—I attended the post mortem examination—the wound caused his death decidedly—it could be inflicted with such an instrument as that knife—in my judgment it was produced by such an instrument.
Prisoner's Defence. The death of a fellow-creature at my hand will be a source of deep regret and unhappiness as long as I live, but my conscience acquits me of any criminal intention or design—he had been drinking, and swore with most horrid oaths, that he would throw me overboard—he jumped from the windlass and with violent oaths knocked me down—having my hand on my knife in my trowsers pocket, I held it towards him, and the deceased in the scuffle received the wound.
(Henry Turner, captain of the John Renwick; Jane Frances Turner, his wife; George Gill Moffatt, chief mate; Edward Mount Jennings, attorney's clerk, Bedford-square East; Henry Stowe, second mate of the John Renwick; and James Harding, chief mate of the St. Vincent Planta; gave the prisoner a good character.)
GUILTY . Aged 23.—Recommended to mercy.— Confined One Year.
Before Mr. Justice Coleridge.
1465. MARY ANN WALL was indicted for stealing, on the 28th of March, 1 watch, value 4l.; 9 aprons, value 18s.; 1 necklace, value 8s.; 3 rings, value 30s.; 1 neck-chain, value 2l.; 1 inkstand, value 1s.; 1 curtain, value 2s.; 5 printed books, value 3s.; and 1 box, value 6d.; the goods of William Smith.
WILLIAM SMITH . I lived at Calais in February; the prisoner was an inmate at my house there for a considerable time, and so was her daughter likewise—I left France about the latter end of February—she left some few days after me—before I left, she packed up, and had the care of all my luggage, to the amount of fourteen or fifteen packages—I left my luggage in her care—she was to clear it at the Custom-house at Dover, and leave it at the waggon office there, till she saw me or heard from me—I left France and went to Dover—I saw her at Barfreston, in Kent—she gave me a paper there, which was an order for me to go to Dover, to claim my luggage—I went, and found all my luggage there, except a box which is in Court, containing the articles stated in the indictment—she went to Canterbury, and staid till my luggage arrived—then joined me and my family, and we went to Herne Bay together—we did not know at that time what we had lost, not having unpacked our luggage; but still we considered if she had got it, it would be as safe as if we had it ourselves—one box was missing at Dover; that had been sent to London by the prisoner—she did not tell me so; but I had not packed my luggage myself, and did not know what there was till I missed it—she left me and came to London, and after I took a house, and unpacked my luggage, I missed the articles—when she first had the possession of these articles, they were in a rose-wood tea-caddy—we left her to pack them up—I came to London to ask her for them—I found her at 51, Great Sutton-street, Clerkenwell—I asked her for my things—she said, "You cannot have them to-night, you shall have them to-morrow"—she did not say where they were till next day—next day she left a note under the tea-board—I have not got it here—her husband took it away—I did not see her next day, for she had absconded from the house, daughter and all—I had appointed to breakfast
with her at nine o'clock, but she was gone—I found a paper under the teaboard—she moved that day from Sutton-street, to some part of Pentonville—I was present when she was taken; and in her apartment I found the box, and some little books and things belonging to me—the officer found the watch on the mantel-piece—the books were found in the room, and the curtain, and the box itself—I told her she was a bad girl to serve me the trick she had done—she said distress had driven her to it.
Cross-examined by MR. CLARKSON. Q. What business are you? A. A carpenter by trade—that is the business I profess—I followed that business in France, and kept a carpenter's shop—the prisoner first came to live with me there, about eighteen months ago—she then passed by the name of Ray—she has had several names lately—I kept a boarding-house at Calais—I believe the prisoner arrived in Calais the latter end of January, or the beginning of February—I do not know why she came there—I suppose it was to see her daughter, who was boarded and educated at my house—I was not in any particular difficulty at that time—I was not about to run away from my creditors—I have no creditors.
Q. Did you not write to the prisoner to say, you expected the bailiffs to come into your house daily, to take your goods in execution, and carry you to prison? A. I declare to God I did not—I never sent her such a message, nor did my wife, to my knowledge; she cannot write her own name—I did not send for the prisoner to come to Calais—I expected her, because she wrote and said she was coming to see her daughter—I did not tell her I was a ruined man, and was in daily expectation of having my goods seized—I never knew any thing was the matter to cause me to say so—I did not say so—I did not tell her she was the only person upon whose assistance I could rely—I asked her to hire a room for me at Calais—I had not room enough at the boarding-house—she purchased a small quantity of furniture from me, and wanted a small room to put it in—I wanted an extra room, and she put this furniture in it, which she bought of me—I hired it for my business—I do not know that you have a right to question me—I had business as a broker, and had not room sufficient to keep the goods in which I bought—I never put any thing in the room, but my in-mates did—I told the prisoner to sell this furniture, which she did—I know she sold it, and she gave me the money—they were sold in the market-place at Calais, in my presence—I never had a farthing—she never gave it to me—I think it is likely she gave it to my wife; it might amount to 3l. or 4l.
Q. Did you leave Calais in a hurry? A. Not particularly; I came as quick as the packet would bring me—I wanted to come to London—I went to St. Omer, and from St. Omer to Boulogne—I went to St. Omer on pleasure; I had no business in particular—I got from Calais to St. Omer in five hours—I got there very late at night—I left about nine o'clock in the morning—I did not transact any particular business in that time—I bought a few articles of wearing apparel, a pair of boots, a neckhandkerchief, and other articles—it did not suit me to buy them at Calais as I liked St. Omer best—I had no other business there—I got to Boulogne in about five hours—I made my way from there to Dover when the tide suited—before I left Calais, I requested the prisoner to take care of my goods, and bring them to England—I never promised to pay her fare.
Q. Has not she all along alleged that she received the gold chain, gold seal, and snuff-box, from your wife, after you left? A. It is no such thing; she never said any thing of the kind before the magistrate—there
might be a word of that sort happen; but I scarcely believe she spoke three words—my wife is now keeping an eating-house at Herne Bay—the prisoner never came to live regularly with us after she returned—she came to Barfreston, and brought me the order for my luggage—I have never had a house since—I have always been in lodgings and hotels, and different places—she was never in my house at Herne Bay—she was with me about three days, but not three weeks.
Q. How did you learn she was gone to Pentonville? A. Her husband promised to produce the goods at two o'clock in the afternoon, and he never came—we waited till three o'clock, and went to the house, and she had flown, goods and all—the landlord and landlady did not know where she was gone—the apprentice boy promiscuously knew where it was—I did not write to her in Wynyatt-street, just before I took her up—I had seen her about two days before I took her up—she had agreed to go to Gravesend with me before we left France—I believe my wife always paid her fare and expenses—I never received a letter from her when she came to London; and did not know she had arrived, till I went to Barfresto—I judged to find some one or other there—she never informed me of her having come to Dover—she did not know where to write to me—I wrote perpetually to France, but never could get an answer—I did not knot she was in England—I found I could not get the things from the waggonoffice, because they were in her name—she did not tell me so before I went—I did not see her—I wrote for her to come to Dover, but she arrived before the letter reached, and gave me the bill—she knew I could not get the goods without it—I did not know she was married till her husband came to Herne Bay, and informed me—I did not express any anger at it; I was rather surprised at her not letting me know it was going to happen—the watch was left with me by Mr. Wall, her present husband, as security for money he owes me—I had it from him nearly twelve months ago, or quite—I believe the gold chain and other things were in pawn before I left France—I took them out of pawn before I came away—I gave the money for that purpose, and they were brought out in my presence.
Q. Did not the prisoner tell you, after you wrote to her to come to Dover, that in order to clear the other things, (you not having paid her fare,) she was obliged to pledge them, to raise the money to go there? A. She never said such a word.
COURT. Q. You desired her to bring the goods to England for you, and take care of them; what did she say? A. She said, "No doubt, father, they shall all be taken care of."
JOSEPH FRYER (police-serjeant.) I took the prisoner into custody, on Wednesday, the 27th of May, in Henry-street, Pentonville—I asked her for the duplicates of some articles which, I understood, were pawned—after some time, she gave me this pocket-book out of her pocket, and in that were the three duplicates now produced—she said, "Oh! father, I did not think you would serve me like this; I done it from distress;" the prosecutor was in the room.
Cross-examined, Q. The three duplicates amount to 1l. 14s. 6d.? A. Yes; I asked her for some duplicates, as I understood the things were pawned—the husband had told me so on the morning that they went away from Sutton-street—I saw the husband, but not the woman, until I apprehended her—I did not tell Mr. Smith they were pawned, to my knowledge—Mrs. Smith was not before the Magistrate—I have never seen her.
COURT. Q. When the husband told you the things were pawned, what did he say? A. He said he would meet me at two o'clock in the afternoon, and endeavour to recover them—I waited till three o'clock, and he did not come—I went to where he lived, and he had absconded, goods and all—I traced him to Henry-street, and took him into custody at eleven o'clock at night.
JOHN ROWLAND . I am in the service of Mr. Walters, a pawnbroker, in Goswell-road—I have seen the prisoner at our shop—one of these duplicates is for a necklace, ring, and ink-bottle, pawned at our shop on the 27th of May, and I believe, by the prisoner.
Cross-examined. Q, What are they worth altogether at the best price, 10s.? A. Hardly that.
HENRY ARCHER . I am in the service of Mr. Burchell, in Tottenham-court-road—here is a duplicate of our shop for four tea-spoons, which I produce—I did not take them in, and do not know the prisoner—they were pawned in the name of Ann Wall on the 22nd of May.
FREDERICK PRIEST . I am in the service of Mr. Dry, a pawnbroker in St. Martin's-lane—here is a duplicate of our shop for five tea-spoons, a gold chain, and two rings, which I produce; they were pawned for 25s.—I took them in, but do not recollect who pawned them—they are in the name of Mary Taylor.
Cross-examined. Q, What was the value of all the property you trusted her with? A. 60l. or 70l.—the value of what I charge her with taking may be 7l. or 8l.—I had advanced 5l, or 6l. on her husband 's watch.
Prisoner's Defence. The trinkets were never in the box; they were given to me by Mrs. Smith, who told me, when I had resigned all my money to her, if I was in want, to make money of them, as they wanted all the ready money they had—I gave all the money I sold the goods for to her—she told me not to put the trinkets into the box, or they would be taken from me at the Custom-house—Mr. Smith was in England a week before she gave the things to me—she gave them to me the day the bailiff's came into the house, and told me to take them, for if I did not, they would—I came from Calais to Dover with her, and remained with her (before we heard from Mr. Smith at all,) for a week at her father's—I came to Dover myself, and waited there till she came next day, and then went with her to her father's—I was obliged to leave her at her father's, and come to London—I then went immediately I had seen my son, back to her father's, to give him the paper to receive the luggage—I had no money, and was obliged to pawn some of these articles—I did not conceive I did wrong—I was married in London, and thought I would remain there—I was to live with them at Herne Bay, and I suppose it displeased him because I did not come to Herne Bay.
SARAH ANN TAYLOR . I am the prisoner's daughter by a former hushand, and am twelve years of age. I was living with Mr. Smith and his wife at Calais, about Christmas—I had been living with them about six months—I think my mother came to England in February—I remember her returning from England to Calais about three months after—I remember
Mr. Smith leaving Calais—I cannot tell what month it was in—my mother left in February—she sold some goods for Mr. Smith before he left—Mr. Smith expected the bailiffs to come in—he told me so before he went—he asked my mother to take care of his goods, and bring them to England for him—she agreed to do so, on his promising to pay her fare—the bailiffs came into the house about three days after he went away—before they came, Mrs. Smith gave my mother a gold chain, a silver snuffbox, a necklace, an ink-stand, nine silver tea-spoons, and a gold ring—I cannot tell what Mrs. Smith said—all I know is, she gave mother these things, and I was by at the time—Mrs. Smith said she would rather my mother should have them, than the bailiffs, because she expected every minute the bailiffs would take her to prison—I came to England with my mother this last time; we came to Dover—she brought some goods belonging to Mr. Smith, and they were placed in the Custom-house—after my mother came to London, I was living with her, after she married Mr. Wall—I know Mr. Smith's handwriting—I remember my mother receiving a letter from him in London—in consequence of that letter my mother went to Dover, and pledged the materials which Mrs. Smith had given her at Calais to go with—Mr. Smith knew where my mother lived when we came to London—he wrote to her—he was not in the habit of writing very often—I have been with my mother when she has received letters from him—she returned from Dover about a fortnight afterwards—I did not see Mr. Smith till the Monday after she returned—my mother went from London to Herne Bay;—that was before she went to Dover—she went to Herne Bay at the same time as she went to Dover—she was gone a fortnight altogether—she returned from Dover about three months before she was taken up.
COURT. Q. You lived with your mother before she went to Pentonville—where was that? A. In Great Sutton-street—this watch was in common use in the family—it is Mr. Wall's—it hung up—if Mr. Smith came in he must have seen it—the spoons were in use in the family, before they were pawned—this book Mr. Smith bought for me in France—he bought two of them—these other books are my mother's—she wore the gold chain on her person—Mr. Smith must have seen her with it on if he had come—she wore the ring also.
NOT GUILTY .
Fourth Jury, before Mr. Recorder.
PHILIP HOLCOMBE . I live in Grafton-street East, and am a harppainter. On the 4th of June I was in the New-road, near Euston-square with a lady—I felt a tug at my coat-pocket—I turned round and saw the prisoner close behind me—I missed my pocket handkerchief—I made towards the prisoner, and he immediately dropped it—I pursued, and caught him; and the lady, who was with me, picked it up—I never lost sight of the prisoner—he said he had a father at home, and asked me to let him go—I charged him with stealing it—he said he did not—the lady gave me the handkerchief—she was not before the Magistrate—I gave the officer the handkerchief—I had scented it with musk, and the one
I found was the same—several persons wanted me to let him go, and desired him to kneel down, and make me drag him to the station-house.
Prisoner. He could not swear to it at the office—they told him to put a mark on it.
Prisoner's Defence. I was crossing the new road, and coming towards him—he caught me in the middle of the road, shook me, and pulled my ear, and said I had picked his pocket, and drove me along—several gentlemen said, "Let him go, for he did not do it'—he said he had lost several handkerchiefs, and he would make me pay for all the lot.
PHILIP HOLCOMBE re-examined. I said I had lost several handkerchiefs before, but had never taken a prisoner, and now I had got him I would prosecute him—nobody said that he had not taken it, and I was mistaken. (Margaret Moore, of Henry-street, Hampstead-road, gave the prisoner a good character.)
GUILTY . Aged 16. *— Transported for Seven Years.
1466. MARY ANN JONES was indicted for stealding, on the 30th of March, 1 watch, value 5l.; 1 watch chain, value 2s.; 1 seal, value 1s.; and 1 watch key, value 2s,; the goods of Robert Dillon, her master, in his dwelling-house: and ROBERT WYLDE was indicted for feloniously receiving the said goods, well knowing them to be stolen, and that the said Mary Ann Jones had been before convicted of felony.
ELLEN DILLON . I am the wife of Robert Dillon, and live in Husband-street, in the parish of St. Ann's, Soho—he is only a weekly tenant, and has the shop and parlour—other people occupy the rest—the landlord lives two doors off—we have a separate entrance—the shop door is our street door—the prisoner Jones was my servant, and had lived some months with me—on the 30th of March she and I and my two children were sitting at tea together—she said, "Ma'am, you are wanted"—I went into the shop, telling her to finish her tea—I went into the shop and sold a fender for 1s. 6d., and then she passed me, stooping with her hands and saying, "Oh my, oh my!"—I let her pass me, supposing she was going to the water-closet; and presently my little child screamed out, and made a complaint to me—I went into the parlour and missed my watch—I had seen it there when I left the room, and there was nobody else in the room but a child four years old—Jones absconded—I went to the water-closet, but she was not there—I ran into Pulteney-court, but could not see her—I did not see her again for two months—I lost a silver watch, worth 5l., and a gold key.
Prisoner Jones. Q. Had you not three young women come in to sell You a gown piece, which they stole from Regent-street? A No; I bought nothing on the day she went away. I buy second-hand things, but I always buy them in Petticoat-lane, and repair them myself—the prisoner had been a lodger of mine before I took her into our service—a tinker had left her there, who lived with her in my house before—my house is not a fence for stolen goods—I don't sell horse-rugs—I do not buy things on the cross—
I was married at Bloomsbury church—my husband is a brace-maker—we sell brokery and wearing-apparel.
COURT. Q. Did Wylde live in your house? A. He did; he came to lodge with a young woman who is dead—he afterwards remained with me as a single man, till a fortnight before I left my two houses, which I kept as lodging-houses—the prisoner, Jones, was then employed by me, and Wylde and her lived together, and went from me to Charles-street together—Wylde lodged in my two-pair front room before the woman came, and she came to work with me from there—I recollect Wylde coming to our house this day fortnight—he walked to and fro before the door, then stood at the post—I went to him, and said, "Well, my fine fellow, have you brought me the watch, or the ticket of it?"—he said, "No, I have not"—I said, "Where is it?"—he said, "If you will come with me, I will show you where it is"—I said, "Where?"—he said, "Over the water"—I said, "Wait there, I will go and get my shawl, and go with you"—he said, "But you will not have me pinched?"— I said, "No, Bob, I will not"—he walked with me to the house, pointed to the shop, and said, "That's the house; but do you recollect the night she stole your watch?"—I said, "No"—he said, "I put it away next day"—we both went into the shop—he said, "Speak"—I said, "Be kind enough to show me a watch pawned on 1st of April?"—the man looked at the book, and said he had no watch—I said, "How many days are there in March?"—he said, "Thirty-one"—I said, "That is it, sir; I mean the day after the 30th of March"—he looked at the book, and said the watch had been taken out—the prisoner said it was not taken out—I asked the man to produce both tickets—he said, "I will not; I will refer it to the policeman," and we came out together—Wylde said, "Make your mind happy; I will make it good; I will bring you the ticket in half an hour"—he returned in three-quarters of an hour without it—I said, "Where is the ticket?"—he said, "I can't bring it now, I will bring it to-morrow"—I said, "Let me go with you"—I put on my bonnet and shawl again and went with him to No. 8, Charles-street, where he said it was, and I lost him in the Bowl-yard—I never saw any more of him—I have never seen the watch.
Wylde. Q. Did I go with you to the pawnbroker's on the day you mention? A. Yes; to Mr. Jones's, and took me into the box—the young man said to you, "Are you the thief?"—I said, "No; a young woman stole it"—he said, "Where is she?"—I said, "She is in custody, and has had two hearings"—Wylde slept in the same room and in the same bed as Jones.
JURY. Q. You suffered a young man and woman to sleep together it does not matter to you whether they are married or not? A. Not in a nightly lodging-house; we do not usually ask those questions.
EDWARD DUTTON . I lodged in Mrs. Dillon's house. I recollect the evening she missed her watch—Wylde called the night after, and said, "Thank God! I have had success with old Dillon's watch; I have long been waiting to serve him, and have served him at last, and I am satisfied. If I had chalk, I would chalk it on the walls of Whitechapel"—he was very tipsy—the people in the place said, "Are not you afraid to come here and say that?"—he said, "I know well Dillon can't hurt me"—I am a coachsmith—I have been out of a situation for four months I sell my things to maintain me—I worked for Mrs. Dillon when she kept a lodging-house in St. Giles's—people lodged there for the night—I kept the house
for her—I received the money from the lodgers, and gave it to her—it was for men and women—she kept me to look after the house.
JOSEPH JONES . I am a pawnbroker, and live in St. George's Circus. on the 3st March, a watch was pawned with me for 27s., in the name of Williams; it was redeemed on the 2d of April—I recollect Mrs. Dillon, and a young man coming to make inquiry about it—the prisoner Wylde is very much like the young man—I cannot positively swear to him—I have not the slightest recollection what sort of a watch it was—I have the two duplicates here—(reads) "31st March, silver watch, Edward Williams, lodger, Green-street"—I suppose it was worth about 50s.
JOHN FLETCHER . I am an officer. I produce a certificate of the former conviction of Jones, which I got from Mr. Allen, the Clerk of the Peace—I was present when she was tried—she is the person referred to.
Jonen's Defence. I went to live at the prosecutor's house, with a man named Butler—he left me, and I afterwards went into her service—I know nothing about the watch—three noted shoplifters came in to sell some print, which they had stolen from Regent-street, and two or three men came early in the morning to look for a grate that was stolen, but she said she was deep enough to put it away.
NOT GUILTY .
1467. CHARLOTTE SPRIGGS was indicted for stealing, on the 31st of May, at St. Dunstan, Stebonheath alias Stepney, 1 sovereign, the monies of Susannah Trudgett; and 1 10l. Bank note, the monies of William Dunn, her master, in his dwelling-house.—2nd COURT, Stating it to be the dwelling-house of Susannah Trudgett, her mistress.
WILLIAM DUNN . I am a ship-carpenter, and live in the parish of St. Dunstan, with Susannah Trudgett—it is her house—she rented it—we lived together as man and wife, but are not married—the prisoner acted as servant to us both—she had no wages—we both found her in food and lodging—I lost a 10l. note—it was the proceeds of the wages from my last voyage—I joined Trudgett in paying the rent—I have nothing to do with the domestic affairs of the house—I found Trudgett in money—I cannot say how long she has had the house—I have been absent four years—I was at home when the property was taken—I came home on the 12th of May—I received my wages on Thursday, the 19th of May, and gave the money to Trudgett—I described her as my wife before the Magistrate—I was asked if she was my wife, because the name was first given in as Mrs. Dunn—it was altered afterwards—I found the prisoner in custody about an hour after she left—she had been robbed of the money—I went to the station-house to give information of my loss, and found her in custody there, and she, could not account for the money she complained of being robbed of.
SUSANNAH TRUDGETT . I live with Dunn—I had a 10l. note of my own, and one of his—I lost it on Sunday, the 31st May—I had put them in a room which was unoccupied, in a little box, which was not locked, but the door was locked—it was in the small box, in a pewter tea-pot—I missed a bonnet and shawl the same day, between four and five o'clock in the afternoon—I found the box in the room, but the 10l. note, which Dunn had given me the care of, was gone—I know that one by a corner being torn off—it is the one he had given under my care—I took the prisoner in out of charity, and she acted as servant—I gave her board and lodging, as far as laid in my power—I can swear to this note—my house is in the
parish of Stepney or St. Dunstan's—I pay my poor-rates to Mile-end Old Town.
THOMAS BEAUMOND MASSEY . I keep the Anchor and Hope, Jamaica-street, Commercial-road. On Sunday, the 31st of May, I received this 10l. note from the prisoner—she asked me to cash it for Mrs. Dunn—I gave her ten sovereigns, and she had got a sovereign besides—I changed that for her—it was between five and six o'clock in the evening.
THOMAS NEWTON . I am an officer. I was at Mile-end, on the 31st of May, and observed a crowd running down the road—I inquired the cause—a brother-officer said the prosecutor had been robbed of nine sovereigns—I went to Avilla, a pawnbroker, in Mile-end-road, and found the prisoner very much intoxicated—I took her to the station-house, to investigate into it—I asked her how she came by the money—she cried and exclaimed, "'Oh, God I"—Mr. Dunn came in, while she was there, to give information of the robbery, and recognised her, and the bonnet and shawl she had got on—the prosecutor lives about two hundred yards from the public-house——there may be a nearer public-house than Massey's—she was very drunk—and not fit to take care of herself—I understood she had been exposing the money, and throwing it about—it was between seven and night o'clock.
SAMUEL DUNN . I was at Mrs. Dunn's house on the 31st of May, and laid down in one of the rooms—I asked the prisoner to go and get me a pint of half-and-half and some tobacco—she came back, and said she had forgotten the pipe of tobacco, and went out again, taking a bonnet and a shawl off the kitchen door—she said she would be back again in two or three minutes, but never returned.
SUSANNAH TRUDGETT re-examined. I never allowed her to use my bonnet and shawl—I let the house out to tenants—I rent the whole house, and pay the taxes—I did not notice her being drunk at all: but I said to her at dinner time, "Charlotte, Mr. Dunn considers you have been drinking"—she said, "If I have, I don't know where I got it from"—I do not consider she would have been guilty of this, if she had not been in liquor—I always found her honest, which made me take her in—the sovereign was in the box with the two 10l. notes.
THOMAS BEAUMOND MASSEY . When she changed the sovereign, she paid me 20d. for half a pint of foreign brandy—she took it away in a decanter, which she brought with her—I do not know whether she had a bonnet and shawl on.
SUSANNAH TRUDGETT . I heard her go in and out, and I saw a decanter on the kitchen table with liquor in it—Dunn said Charlotte had brought it in instead of a pipe—I tasted it, and found it was brandy—I found the door was unlocked and the key gone—the key was found on her—I never saw the brandy afterwards—she brought the brandy and half-and-half in, and afterwards went out with the bonnet and shawl on.
Prisoner's Defence. I had been drinking the whole day—I received a blow on the forehead, and since that I do not know what I am about when I drink.
GUILTY . Aged 32.—Recommended to mercy by the Prosecutor and Jury.
Transported for Life.
NEW COURT.—Friday, June 19, 1835
Sixth Jury, before Mr. Common Sergeant.
1468. EDWARD FRANCIS WARD was indicted for stealing, on the 21st of August, 1 printed book, value 5s.; and one half-sovereign, the goods and monies of Charles Toplis: and on the 16th of March, 1 snuffbox, value 20s., the goods of James Cartwright: also, on the 7th of April, 1 printed book, value 20s.; the goods of James Mitchell Hill; to which indictment she pleaded
GUILTY . Aged 18.— Transported for Seven Years.
MESSERS. ELLIS and PARKER conducted the Prosecution.
THOMAS ANDREWS . I live in Upper John-street, Islington—the prisoner came to my shop on the 16th of May, between eight and nine at night—she asked for a quarter of an ounce of five shilling tea, and half a pound of sixpenny sugar, which would come to four pence, and tendered me a bad half-crown—I said, "Where did you take this? "—she said, of a man, who she supposed was gone home from his work—I took the goods from before her, and went round to look for a policeman; but having no one there, I returned, after I had gone twenty or thirty yards—she was still in the shop—she said, "Is it a bad one, Sir?"—I said, "Yet; you know it is, and if I could see a policeman, I would have you taken up"—I retained the money, and she went away—I put the half-crown on a shelf, and marked it on the 19th, when I showed it to a policeman—I kept it till I produced it at Hatton-garden—this is it.
MARY CONNOLLY . I am servant to Mr. Oldfield. The prisoner came to his house one Saturday night, and asked for a pint of milk—she gave me a half-crown, which I gave to my mistress, and she gave it to me back, to get change at the next shop—they would not give me change, because it was bad—it did not go out of my sight.
ELIZABETH OLDFIEILD . My husband lives in Pulteney-street, White Conduit-fields—he is a cow-keeper—on the the 16th of May, the prisoner came about half-past nine o'clock at night—she asked Connolly for a pint of milk, and she gave her half-a-crown, which she gave to me—I returned it to her, and she went to get change—she then gave me the half-crown—I taxed the prisoner with it, and asked where she got it—she said a gentleman gave it her, at No. 13, Leman-street, and she was an unfortunate girl—I gave it to the officer.
GUILTY . Aged 17.— Confined Six Months.
NOT GUILTY .
NOT GUILTY .
MESSRS. ELLIS and PARKER conducted the Prosecution.
of June, about nine o'clock in the evening, I went, with my brother-officer to the Golden Key, in Tenter-street, Cripplegate—Keys went in first, then Webster, then I, and then Collard—I went to the first box—on the right in the tap-room, I saw the two prisoners, and a female—they were the only persons in the box—Mary Jones, who is not in custody, sat nearest the door—Monks sat next, and Bringlow the furthest from the door—there is a seat round the table—Jones and Monks sat against the table, and Bringlow with his back against the window, at the end of the table—Monks had no hat on, but Bringlow had—as soon as I entered, I saw Bringlow shove his left hand down his thigh, by the side of his trowsers—I went to him, put my hand down by the side of his, and said, "Old boy, I am as quick as you are"—I found this bag, containing this money, on the floor, close to where his hand was—I turned to Collard, who was standing with his back against the door, and said, "You see what I have picked up"—I then secured Bringlow, and searched him—I found seventeen shillings in silver, and two shillings and three pence farthing in copper on him—it was dark, but there was a gas-light in the tap-room—I called for a candle; and under where Marks and Jones sat, I found this crownpiece—Marks said he knew nothing about it, and I believe Jones made the same observation—I then examined the bag; it contained these crowns and half-crowns, and in it was another bag; containing seventy-two shillings.
Cross-examined by MR. SMITH. How many other persons were in the same room? A. There might be twenty, but not in the same box—I will not swear there might not be thirty—there was a gas-light in the room—I called for a candle, as I could not see under the seat without—I cannot say under whom the crown had been—I found the bag under where Bringlow was sitting—his hand was coming up against his leg—I will not sweat he had hold of the bag—I saw his arm go down—I did not see his hand, but I suppose his hand went towards the floor—he had a hat on—I do not know what became of that; but I believe Collard found it—there was no bad money found on Bringlow.
JOSEPH COLLARD . I went with the other officers—it was arranged that I should keep the door—I placed my back against it, and desired Monks to come out—I searched him, but found only some good money on him and some memorandums.
JAMES BRINGLOW— GUILTY . Aged 33.— Confined Two Years.
WILLIAM MONKS— NOT GUILTY .
MESSRS. ELLIS and PARKER conducted the prosecution.
Prisoner. Q, How far might I be from the door? A. About four feet, perhaps—I cannot say whether you were in conversation with Jones.
JOSEPH COLLARD . I went in with Mitchell—I saw Bringlow with a hat on—the prisoner had no hat on, but directly opposite him, on the table, stood this hat, in which I found this paper, with twelve half-crowns, and eighty shillings in it, which are counterfeit—I found on his person seven
good sixpences, and these memorandums—I asked him if the hat was his—he said no—I asked him where his hat was—he said somewhere about the room, he believed—I shortly after observed that he had this other hat on, which, I believe, is the one which Bringlow had on when I first entered the room—Bringlow then called out, "Where is my hat"—my attended was then called to another part of the room, and then I found Bringlow with this other hat on—I asked Bringlow where he got his hat, and what name was in it—he said, with an oath, that he got it down the lane; and Monks gave me the same answer.
Prisoner. Q. You asked every body in the room whether they had a hat, snd was there not one hat to spare? A. Yes. This one was to spare. in which the money was found—when I took the hat off your head, I asked where you bought it, and you said down the lane, and Bringlow said the same, and that he could bring people to swear that it was his—it is possible some one might have put something into this hat while it stood on the table, without being seen—there was not a hat under the bench.
Prisoner's Defence. I went in to have a pint of porter—I sat down in the further box—I pulled off my hat, and put it on the farthest table—Jones then came and called me out—I left my hat in the box—she asked about her husband, who was a hawker, and she had had some words with him—I was talking to her when the officer came in—the hat on the table, in which the money was found, was not mine—I hawk a little, and I had bought a dozen and a half of spoons—I had an order for some, which I sent home and the other the landlord had bought of me; which made me have the seven sixpences.
Prisoner. When the hats were produced every one was seen to have a hat—the hat which had the coin in it was not owned—it is likely that some person left their hat in the tap-room, and when the officer came in they fled.
GUILTY . * Aged 24.— Confined Two Years.
NOT GUILTY .
DAVID COOPER (police-constable D 81.) On the night of the 18th of May, I was on duty in Bulstrode-street—I saw the prisoner coming up the street with this cushion under his arm, between ten and eleven o'clock, in a hurried manner—I asked what he had got—he made no answer—I then took him to the station-house—he then said he found it.
stable, in Gloucester-mews—the driving-cushion was on the box, and it was stolen.
Prisoner's Defence. I found it.
GUILTY . Aged 28.— Transported for Seven Years.
1476. RICHARD TAYLOR was indicted for stealing, on the 3rd of June, 1 copper, value 25s.; 3 feet of leaden pipe, value 1s. 6d.; and 1 copper ball-cock, value 4d.; the goods of George Henry Hutchings, and fixed to a building.
HENRY HUTCHINGS . I live at No. 4, Furnival's-inn-court. I had a copper, some pipe, and a cock, at No. 8—I missed them on the 3rd of June—they had been fixed in the back kitchen—there were lodgers in that house—the prisoner was brought to me by Hubbard, with it on his shoulder.
CHARLES HUBBARD . I lodge at No. 8. I heard a noise that morning in the cellar—I jumped out of bed—my wife opened the window, and the prisoner went out with these articles—I went down and took him with them on his shoulder.
Prisoner's Defence. I went to the corner of Gray's-inn-lane—a man came and asked me if I wanted a job, and authorized me to go and fetch the copper.
GUILTY . Aged 28.— Transported for Seven Years.
JOHN ADAMS . I am a feather merchant—the prisoner has been in my employ for eight years—on the 15th of May I stopped him, and searched him—I found this bag wrapped round his waist, under his waistcoat—it is mine.
Prisoner's Defence. I had a child ill at home, who I wanted to make a bed for—if I meant to have robbed him, I could have taken things of more value.
(W. Cordley; Thomas Collin, of St. John-street; William Hennam; and Edward Nevill, gave the prisoner a good character.)
GUILTY . Aged 33. .—Recommended to mercy.— Confined Three Months.
1478. HENRY WYATT was indicted for stealing, on the 29th of May, 1 rug, value 1s. 6d.; 1 blanket, value is. 6d.; 1 sheet, value 1s. 6d.; 1 bolster, value 2s.; 1 set of fire irons, value 1s.; 1 saucepan, value 1s. 3d.; and 1 curtain, value 6d.; the goods of Joseph Pullen.
MARTHA PULLEN . I am the wife of Joseph Pullen, and live in Old Castle-street, Bethnal-green. I let the prisoner a furnished room—these articles were in the room—I received information from one of the lodgers—I went and missed these things.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY . Aged 21.—Recommended to mercy— Confined One Month.
JAMES LANDERS . I am a linen draper, and live in Piccadilly. On the 31st of May, about ten o'clock at night, I was walking down Pickett-street—Christopher Jones said something to me, and I missed my pocket handkerchief, which I had just before—I did not see any body about.
Cross-examined by MR. JONES. Q, I believe the street was very crowded? A. No it was on Sunday night.
CHRISTOPHER JONES . I live in Star-court, Pickett-street, and deal in fruit—I was in Pickett-street, talking to a person—I saw the prisoner and another, following the gentleman—they picked his pocket; and turned back—I saw the officer, and gave him information—the prisoner gave the officer a back-handed stroke, and ran past him across the road.
Cross-examined. Q. You lost sight of him before you told the gentleman? A. No I never did, till after he was given in charge—I have kept a fruit-stand in the street upwards of ten years—I never was a porter in the Temple, nor held any situation there—I have two brothers there—I was never charged with having any thing to do with coals, which had been stolen—I was talking to a friend, when I taw the prisoner take the handkerchief—I did not say that I was in a bit of a funk, lest I should not make any thing by it—I was never a witness here before.
JOHN PLAYFORD (police-constable T 86.) I was on duty, and went after the prisoner—when I got within a yard of him, he gave me a push with his hand, and ran away—I ran and took him—I found nothing on him.
Prisoner to CHRISTOPHER JONES. Q, If you followed me, and saw me take the handkerchief, why not take me into custody? A. There was another person with you, and I was afraid I might be knocked down—the officer was at No. 20, and you were at No. 19, when you took it and looked at it, and put it into your bosom—I cannot tell what became of it afterwards.
Prisoner. He is mistaken in the person who took the handkerchief—he said at Bow Street, "It is no benefit my going into the office with you; if you are a known thief you will get three months"—he only comes here to get his expenses. Witness. I am sure he is the man who took the handkerchief—I never uttered such a word as he states, upon my solemn oath.
GUILTY . Aged 24.— Transported for Seven Years.
22nd of May—I afterwards missed it—I got the officer, and found the prisoner with it.
Prisoner. I found this bundle on the bank.
GUILTY . Aged 40.— Confined One Month.
WILLIAM THORNTON . I live at Islington. In September, 1831, I lived at Holloway—I am a shoemaker. The prisoner worked with me—I went down about three o'clock, and asked him if he was going to have his half-pint—he said he had not a penny—I went down to tea, and left my watch in the workshop—I heard the prisoner go down while I was at tea—I ran up to see if the watch was safe, and it was gone—I saw it the next day, on Eyre-street-hill—I cannot say on what day it was.
Prisoner. Any one had access to the house. Witness, It was impossible for any one to go to the room without my hearing them—he went out at the side door.
HENRY BROWN . I am a parish-constable. I took the prisoner on the 30th of May last—I found nothing on him—he came to me at the corner of Paradise-place, and said, "Don't you know me?"—I said, "I think I remember your features"—he said, "Do you recollect the affair of Thornson?"—I said, "Yes; you are my prisoner"—he said he should be satisfied if the girl he cohabited with, was placed at the bar with him, as she knew of the robbery, and pledged the watch on Eyre-street-hill.
GUILTY . Aged 26.— Confined Two Months.
1482. MARY LEONARD was indicted for stealing, on the 30th of May, 2 petticoats, value 1s., and 1 pinafore, value 6d.; the goods of Charles Lickfold, from the person of Harriet Lickfold: and 1 pair of halfboots, value 2s. 6d., the goods of the said Charles Lickfold, from the person of Charles Lickfold the younger.
BENJAMIN BEAMISH . I keep the Half Moon in the Lower-road, Islington. A few minutes after five o'clock, on the 30th of May, a little girl told me something, and I followed the prisoner, who had my little girl in her arms—she went into a public-house, and said some boys wanted to beat her—she was turned out there, and these things were found in her apron—I gave her in charge of a policeman—he took her to Mr. Lickfold—the officer found these boots on her in my presence—my child is two years and a half old—I believe the prisoner's father is an honest hardworking man.
SELINA ANN WRIGHT . I live at Islington. On that afternoon I saw the prisoner with two children—she was leading them along—I lost sight of her for about ten minutes—I then saw her again, without the children.
Cross-examined by MR. PHILLIPS. Q. Do you know a girl, named Thompson? A. No.
into the shop that evening, without these articles—the prisoner was brought in, and the two petticoats and the pinafore were found in her lap, and these half-boots—the petticoats, and pinafore belonged to Harriet, and the half-boots to Charles Lickfold—the girl is about two years and a half old, and the boy about four—these are their things.
Cross-examined. Q. Did you see them on the children? A. Yes; I had never seen the prisoner before—the children play about the door ever day.
(Ellen Wade gave the prisoner a good character.)
GUILTY . Aged 11.— Judgment Respited.
MR. BODKIN conducted the prosecution.
RICHARD HALL . I have one partner; we are goldsmiths, and live in Bartlett's buildings, Holborn. The prisoner was in our employ for more than three years as a journeyman—he had 2l. a week.—he was employed in working up gold.—a small portion of gold could be abstracted without our missing it—I had no suspicion of the prisoner till I received a communication from Mr. Sirrel, I think, on the 15th or 16th of June.—the prisoner went to his dinner, at one o'clock that day, and was gone an hour or more.—he was not permitted to take out any gold, except for his wife to work up, which was then returned.—when Mr. Sirrel's young man came to me, I told the prisoner he had been selling gold there, that we thought was ours, and I wished him to give an account of it.—he said he could to our satisfaction.—he said he got it from some person who worked at home, to tell for him, but he could not divulge his name or residence—after being pressed farther, he mentioned the name of Wood, and that was all We could get from him—he was then taken into custody.—this is the gold.—it is impossible to swear to such an article; but we had gold in all respects like this in the workshop—the prisoner had been employed on that gold on the Saturday previous—it is flatted wire principally—it had undergone part of the process—I have brought some to compare with it.
Cross-examined by MR. DOANE. Q. Did you see him go to his dinner on the day stated? A. I think I saw him go about one o'clock—he did not live in our house—this is not an extraordinary sort of gold.—a person who was employed in the manufacture of gold might have some like this, though not exactly similar.
MR. BODKIN. Q, This gold is made into this shape by passing through some cylinders? A. Yes; and its size would depend on the cylinders—I never allowed him to take home gold in this state.
Cross-examined. Q. What do you do with it after it has been flatted? A. It is worked up by different men—we never allow this sort of wire to be carried home.
JOSHUA COOPER . I am in the employ of Mr. Sirrel, No. 54, Barbican; he is a refiner. The prisoner has come to me, and brought three five, six, and seven pennyweights of gold at a time, for two years—I remember the day
he was taken into custody—we had received information, about a week before that—he came between nine and ten that morning, and brought seven and a half penny weights of gold—I bought it, and gave him the money—I was then sent down to Mr. Halls.
Cross-examined. Q. Did you know the prisoner? A. I had known him for ten years—I supposed he was a master, working on his own account.
Prisoner's Defence. I had it of that person, but I pledged my word I would not divulge his name, or place of abode—he has wanted me to go to his house, but I would not—I was in the habit of passing the afternoon with him—I tried to find him, but could not.
(Lewis Estcott, of Northampton-street, and Mr. Dessinder, Working Jewellers, gave the prisoner a good character.
GUILTY . Aged 30.— Transported for Seven Years.
MARTHA MOORISH . I am the wife of Thomas Moorish, of Gray's-inn-lane: we keep a general shop. On the 25th of May I left the shop for about a minute, and saw the prisoner drawing his arm across the counter, and leaving the shop—he had pulled out the till, and taken out a cocoanut shell, which had two shillings and four sixpences in it—I went after him—he was taken by an officer, and the money taken out of his pocket at the station-house.
GEORGE HUNT (police-constable G 66.) I was called on by the prosecutrix to take the prisoner—I found him in a necessary, down a back place which is no thoroughfare—I searched him, and found two shillings and four sixpences in his left-hand waistcoat pocket.
Prisoner's Defence. I belong to North Shields—I came up by the brig—I had occasion to go to that place—the officer came and took me—I asked the prosecutrix what she had lost—she said, "Between four and five shillings, from the till"—when they took me to the station-house, I pulled my money out—she then said it was two shillings and four sixpences.
GUILTY . Aged 21.— Confined Three Months.
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY . Confined Six Months.
ELIZA SLADE . I live in Mortimer-market, with my father. This property is mine—I lost it out of a box in my bed-room—I saw them safe about a fortnight before I was told of this—the prisoner had lived servant with us.
JAMES WILSON . I live with my brother, and work at the tailoring work. I have known the prisoner two years—he came and asked me to pledge these things for him, as he was going to see his grandfather—I received 1s. for the brooch, and 1s. for the ring—I gave it to the prisoner with the duplicates.
(Property produced and sworn to.)
(Joseph Worster, a coach-smith, gave the prisoner a good character, and promised to employ him.)
GUILTY , Aged 13—Recomnended to mercy— Confined Five Days.
SARAH WENHAM . I live in Lower Chapman-street, and I am single; I have known the prisoner many years. On the 18th of May, she came and asked for a night's lodging, and she slept up stairs on the floor—I got up at seven o'clock, and told her to come to my bed—I went out, and returned It eleven or twelve o'clock—she was then gone, and I missed the gown.
JAMES HENRY ANDREWS (police-constable K 104.) I produce a certificate of the prisoner's former conviction, which I got at Mr. Clark's office—I was a witness—I know she is the person who was tried (read,):
GUILTY . Aged 33.— Transported for Fourteen Years.
JOHN HOYLE . I am an accountant, and live in Cheapside. I missed these books on the 28th or 29th of May—I had not seen them for a month or six weeks—William Hughes had been my errand-boy for four or five months; but he had lived in my house much longer, as his father and mother occupied the upper part—I missed sixty or seventy very large ledgers—my boy made a confession, and I discovered that a quantity had been sold at a book-shop, in Moorfields—the boy then told me he had sold some to another person.
Cross-examined by MR. CLARKSON. Q. I believe you have come forward against your wishes? A. Yes; decidedly so—my boy was originally charged with the prisoner—I have made inquiries about this man, and
find he bears an honest character—I ascertained that a female had passed at the time he bought the books, and he might think they were property disposed of—to a person unacquainted with the subject of these books, they would be of no value, but as waste paper.
HENRY STANNARD . I am a constable of Cripplegate-within. I saw the prisoner go into Mr. Hoyle's passage, on the 28th of May, about half-past seven in the morning with the boy—he was there about two minutes—he then came out—I was watching on the opposite side, and took him but found nothing on him—he took his bag with him to the Compter—he said he bought the books for waste paper of the boy—he said that without my asking him—he ran from me, but was stopped before he got to Honey-lane-market.
Cross-examined. Q. Were you before the Magistrate when the prosecutor intreated that he might be excused from prosecuting the prisoner? A. Yes, I have made inquiries and he bears a good character.
THOMAS WILLIAM HUGHES . I lived with the prosecutor—I took these books unknown to my master—I sold the prisoner about two dozen of them—I sold them for 12s. at different times—some of them were largish books—I spent the money.
Cross-examined. Q. These were paper books, with writing in them? A. Yes, I knew they would be of no use but as waste paper—I told the prisoner they were my own.
Prisoner's Defence. I have been torn away from my family by the artfulness of the boy—he disposed of a great many books to Mr. Hughes, in Moor-lane—he has a been taught to take the blame off him, and lay it on me.
NOT GUILTY .
MARY ANN GARLAND . I live with Mr. Alfred Bartholomew, in Brown's-lane, as nursery maid. On the 29th of May, I took out his child Matilda—she had a coral necklace on—I was in Norton Falgate—the prisoner pulled the necklace off the child's neck, while I was standing at a linendraper's window, looking at some things in the window—he put his hand to her neck, and pulled them off—I saw them in his hand—I said, "You have got my child's beads"—he ran to go across the road, and the witness caught him—the prisoner went into the shop—I followed him—there were several persons in the shop—he said, "You are my friends, I am innocent," and he put his hand over which I saw was clenched—Mr. Cansdell sent for an officer, and the prisoner was taken; the beads were never found—I never lost sight of him.
Cross-examined by MR. CLARKSON. Q, How long had you been standing at the shop? A. About three minutes—the prisoner kept close to me—I watched him all the time, but I do not know what became of the beads—he was waiting for his mother and grandmother, who were making purchases in the shop—his mother came before the Magistrate, and stated that she saw nothing of it—she was searched—I have learned that the prisoner is a die-sinker—they were three rows of small coral beads, they fastened with a gilt snap—she had had them twelve months—the snap was just new, and fastened very well indeed—I am sure the necklace did not drop off—he nearly pulled the child out of my arms with pulling it—I did not see
him part with it to any body—he put his hand over to his mother and grandmother—the child is eighteen months old.
THOMAS COX . I was walking with my wife and my sister's—child—I saw the last witness with the child—my wife and I were looking into the shop—I saw the prisoner snatch some beads or something—I ran and caught him—he kept shoving something into the waistband of his breeches—he went into the shop, and said to the two women, "Are you not my friends?" and he put his hands under their arms.
Cross-examined. Q, What became of the necklace? A. I do not know; I suppose the women had it—they were not searched at that time—I swear I saw the prisoner take something from the child's neck, but I could not see what.
GUILTY . Aged 20.— Transported for Fourteen Years.
MARGARET GOSDIN . I live in Colebrook-terrace, Islington, with Mrs. Rivington; I am single. On the 8th of June, I went out about five o'clock; I returned about half-past five—there was a cry that a thief had slipped from the policeman, and concealed himself in our premises—he was leaving at half-past seven, and the policeman took him—I then missed my watch from the three pair of stairs bed-room, from between the bed and the glass—I also missed 9s. 6d. in money—this is my watch.
DANIEL. MORGAN . I live in Colebrook-terrace. I was standing at my door, and heard the cry of "Stop thief;" and saw the prisoner run up the road, and the officers after him, about five hundred yards from the prosecutrix's premises—I saw him throw this watch over into the shrubbery—I went and picked it up.
Prisoner. Q. What did you tee me throw? A. I saw you throw something; I could not say what—I then went there, and found this watch.
WILLIAM HEIGHWAY (police-constable N 232.) I went to the prosecutrix's door, seeing a mob—I waited there a length of time—one of my brother officers wanted to go into the house, but they would not let him—I determined to watch—I saw the prisoner come out about half-past seven o'clock—I heard the prosecutrix say, "That is him; stop him!"—I ran and stopped him; but before I stopped him, he threw the watch away.
Prisoner's Defence. I was out of work, it was very hot, and I went to bathe—as I was going home I was throwing some stones at some birds—the policeman came and collared me, and said I had stolen some beef—I was then taken to the station-house, and some person came, and said I had stolen a watch, which I am perfectly innocent of.
GUILTY . Aged 18.
MARY ANN TWEED . I live in Macclesfield-street, City-road, and am the wife of John Tweed. I had my little daughter in my arms on the 8th of June—her name is Mary Ann—I took her to the top of the street, in the City-road—she had a necklace on her neck—she was then playing by my side
while I was standing on the curb, as a man was going to jump in a sack—the child called, "Mother, the boy has got my beads"—I saw the prisoner run off, and he was taken in a ditch—they found the beads on him—but he got away, and made his escape—these are the beads.
WILLIAM CHING (police-constable W 61.) I took the prisoner—he was pulled out of the ditch by a brickmaker, who let him go, and he ran away, and got over the wall of No. 1, Colebrook-row—I watched for him an hour and a half, or two hours—I then saw him come out, and he was pursued and taken.
Prisoner's Defence. It is false—I know nothing about it.
GUILTY . Aged 18.— Transported for Fourteen Years.
OLD COURT.—Saturday, June 20th, 1835,
Second Jury, before Mr. Common Sergeant.
1492. WILLIAM JONES was indicted for stealing, on the 15th of June, 1 glass measure, value 3s. 6d.; 1 goblet, value 1s. 6d.; 1 fingerglass, value 2s.; 1 glass bottle, value 1s.; and 1 glass stopper, value 2d.; the goods of Henry Newington, his master: and 1 pair of gloves, value 6d., of Horace Newington.
HORACE NEWINGTON . I am the son of Henry Newington, a glass-dealer, in Whitechapel. The prisoner was in our service—Mr. Dyte came and gave us information—we could not miss this glass—I swear these are my father's property—we keep these sort of physic bottles for only one customer, and mark them when we sell them to him.
Prisoner. Q. What can you swear to this glass by? A. There is not such a bottle in London—it is graduated on both sides—I can swear to this tumbler by the make of it—there is no mark on it, but I know the make—we have them made for Mr. Coates, and they are all marked before they go into his house—the peculiarity is in the pattern—you will not find the same shape in London—we have often tried to match them, and are obliged to have them made—we should not sell them to any body but Mr. Coates—we never sell the goblets except to Mr. Coates, and we mark them all before they go into his house—I do not swear to these finger-glasses, nor this bottle—I can swear to this stopper, and can produce the bottle it belongs to—here are my gloves, which were found on the prisoner's person.
Prisoner. I was standing with George Ince—a little boy came up, and said, "Here George here is a stopper, will you have it"—I said, "Where did you get it?"—he said, "One of the school boys gave it to me, and I gave him 1d. for it"—I did not know that it was in the indictment, or I could prove I bought it. He was selling some clothes; and after he had sold them, I saw the gloves lying on the ground—I took them up, and intended to give them to him, but did not see him, and forgot it.
MAURICE DYTE . I am a surgeon, and live in Houndsditch. The prisoner has been to my shop frequently, to sell bottles and a measure—I bought this measure of him for 1s.—the first time he came to me, I asked who he was; he said he lived with Mr. Savage of Whitechapel, and that he took the glass for a debt—my suspicions were excited, in consequence of his bringing so much glass—I directed my servant, at last, to follow him, and gave information to the prosecutor.
custody—I found these gloves on him—he directed me to his lodging—I found this finger-glass, stopper, and goblet there.
GUILTY . Aged 17.— Transported for Seven Years.
First Jury, before Mr. Recorder.
GUILTY . Aged 56.— Confined Two Years.
NOT GUILTY .
GUILTY on 2nd Count.— Confined Six Months.
NOT GUILTY .
NEW COURT.—Saturday, June 20th, 1835.
Fifth Jury, before Mr. Sergeant Arabin.
EDMUND WESTERMAN . I am a coach-maker, and work for Mr. Nunn, in the Westminster-road. The prisoner workesd there after I left—I left my tools there—I went on the 23rd of May to get my tools, and found the hinges of my box had been wrenched off—I missed this cramp, and one more—the prisoner had been taken the day before.
JAMES MINNS (police-constable C 48.) I stopped the prisoner on the 22nd May—he was charged with stealing some tools from Mr. Beard—I found this plane on his person—I found thirty-six duplicates at his lodging: one of which relates to this cramp.
(The prisoner received a good character.)
GUILTY . Aged 34.— Confined Six Months.
NOT GUILTY .
came to the shop, and requested to look at "Gibbon's Roman History"—I showed him the first volume—he returned it, and said it was for another person—I put it back again, and saw him concealing something under his pocket-handkerchief—he went out—I followed him, till he got to Addle-street—he then took it out of his handkerchief, and put it under his armI told him I wished him to come back with me; as he had taken the book from my master—he wished me to go to his lodging, at the Cheshire Cheese—he went there, and called for a pint of beer—he wanted me to bring back the book, and said he was very sorry for taking it—I said that would not do, I must have his person—he ran away from me, but he was pursued and taken.
Cross-examined by MR. DOANE. Q. Were there not other books in his handkerchief? A. No; there were other books about him, to which my master makes no claim—I saw them on the counter when he was in the shop—his handkerchief was not on the counter, but in his pocket—I saw him take it out of his pocket to conceal this book—when he left the shop, he carried away his own books, and I saw him take this book, concealed in his handkerchief—he did not say he was very sorry that he had taken this by mistake—he wished me to say he was very sorry for taking it—this is it—it is a cookery book.
Prisoner. I called the officer myself, as the boy was making a noise in the street.
Prisoner's Defence. A gentleman gave me an order to buy the book—I put my books on the counter, and when I took them up again I took this with them—when the boy came up to me, I told him I was very sorry—several booksellers know me.
GUILTY . Aged 27.— Confined for One Year.
JOHN BURNHAM (police-constable H 58.) On the 8th of June, I was in Princes-street, Whitechapel, between nine and ten at night—I saw the prisoner partly standing within a door-way, as if to hide herself from me—I went up, and saw she had a handkerchief—I asked what she had got—she said, "That is my business"—I took the handkerchief and found this pot on her—she used shameful language, which I cannot repeat.
GUILTY . Aged 29.—Recommended to mercy.— Confined Six Weeks.
WILLIAM SHEATH . I am in the employ of Mr. James Brown, linendraper, No. 3, High-street, Shadwell. On the 18th of June, the prisoner came there in company, and asked to look at some printed cottons, and then asked to see some more—none suited—I showed some more—none suited—they saw one across the shop, and wished to have that—they left one
shilling on that, and said they would come the next day—they went away, and in a minute or two I missed nine yards of print—I went after them, brought them back, and sent for a policeman—I told them I suspected they had taken something—they denied it, and so they did to Mr. Brown—the officer was sent for—he found the print—I believe Peterson was carrying the basket; they said the print belonged to them, and had bought it at some other shop—I swear it is Mr. Brown's property, it has his mark on it, in my own writing.
Peterson's Defence. I was going to purchase a bit of print, and asked this young woman to come with me; whether she had a basket I cannot say, but I had none—what I had I came to pay for—I had done nothing of the kind—I stayed a quarter of an hour outside the door.
PETERSON— GUILTY . Aged 18.
SMITH— GUILTY . Aged 17.
Transported for Seven Years.
1502. JAMES NOEL and WILLIAM FAIRCLOTH were indicted for stealing, on the 23rd of May, 50 yards of canvas, value 28s., the goods of Henry Barking, and another, their masters; and JOHN MACKAY alias John Ross , was indicted for feloniously receiving the same, well knowing it to have been stolen.
MR. DOANE conducted the Prosecution.
JAMES GILES . I am in the employ of Messrs. M'Kenzie and Barling. On the 22d of May, an order came in for half a piece of canvas—Noel was warehouseman, and Faircloth was porter—I did not see the order given to Noel; he is generally in the warehouse—on the 23rd I saw Noel at his usual work—he brought down one piece of canvas from the canvas ware-house, between twelve and one o'clock—he placed it down against the door—I left directly afterwards—I do not know where Faircloth was then—I have not been back to work since—I never saw the piece of canvas till the officer brought it to me.
RICHARD GROOM . I am shopman to the prosecutors. On the 23rd of May, between one and two o'clock, I was in the shop, when Faircloth was there—I saw him a quarter of an hour before he went through the shop, with a roll of canvas on his arm, with a rag thrown over it—I could see the back part of it—Noel was then up stairs in the warehouse—Borton is under-warehouseman—I had seen him ten minutes before—he was out.
Cross-examined by MR. PAYNE. Q. Was it not Faircloth's duty to carry out parcels, when ordered by Noel, the head warehouseman? A. Yes.
Cross-examined by MR. PHILLIPS. Q. How long had Noel been in the prosecutor's employ? A. About nine years, and Faircloth about eight.
MR. DOANE. Q. On the same day, had you occasion to go to Aldersgate-street? A. Yes; to my dinner, about half-past three o'clock—I met Mackay, the prisoner, with a piece of canvas—in consequence of which I communicated something to my master—I afterwards went to the White Bear public-house, at the corner of Barbican—I found there a roll of canvas, left by a person of the name of Ross—it was the one that I suspected Faircloth took out, it was similar to that—and similar to the one I saw Mackay with in Aldersgate-street—I had seen Mackay and Noel together the day before, at the corner of Jewin-street.
MR. PHILLIPS. Q. What is Mackay? A. I do not know—I have been in the habit of seeing him walking up and down Aldersgate-street, in company with Noel—he is no acquaintance of mine—I have not spoken to him above twice before—that was about two months ago—he used to make moss, when I lived in the employ of Hutton and Lepine, in Newgate-street—I have spoken to him then—I might have said "Good morning," or something of that sort—it is about eighteen months ago since I lived there—I did not speak to him then above twice; but that was before any thing of this occurred—I do not keep these things in my mind—I will not swear I have not seen him half a dozen times, when he came to Hutton and Lepine's to sell goods.
MR. PAYNE. Q. How many persons are there in your employ beside the prisoner, yourself, and a boy? A. There are three male hands at the present time—there were two on that day—I was behind the counter, when I saw Faircloth pass through with the canvas—there was a lady and gentleman in the shop at the time, whom I was serving, but no other person belonging to my master was there—I will not swear this is the piece I saw Faircloth with.
Mackay. Q. Did you know I served your shop? A. Yes; I knew your name was John Mackay—the name you went by was Ross—I suspected you to have goods that were stolen—I did not stop you, because I went to my employers, and told them I knew you—I could always find you.
THOMAS BORTON . I am under-warehouseman to M'Kenzie and Barling. I recollect this piece of canvas—it has my own mark on it—I cannot say that it has never been sold—I cannot remember when I saw it last—on Saturday, the 23rd, Noel requested me to carry a small parcel to St. Paul's Church-yard—Noel and Faircloth were both in the shop then—it was between twenty and twenty-five minutes to two o'clock—they were together in the warehouse—it was not my duty, but Faircloth's, to carry out parcels—Noel was my superior, therefore I complied with his request—on Saturday afternoon, I saw Faircloth, about five minutes to two o'clock, with a bag under his arm, in Newgate-street, on my return from St. Paul's Church-yard.
COURT. Q. Do you send parcels from your house without their being directed? A. No; This parcel is not directed.
Cross-examined by MR. PHILLIPS. Q, How much canvas of that description do you suppose there was in the shop and warehouse? A. A great quantity; between 100 and 200 pieces—I know this piece has not been sold, or it would have been cut—I cannot swear it has never been sold—we sell a great quantity of canvas in pieces and half-pieces—we sell perhaps about 300 or 400 pieces in a year—this has been about half a year in the house—there were about 100 or 200 pieces of the same kind—there have been about 100 pieces sold—I will not undertake to say that I had seen that individual piece for three months.
Cross-examined by MR. PAYNE. Q, Was it any thing remarkable for you to be asked to carry a small parcel, if you were going on business? A. No; I had no business out that afternoon—I was not generally asked to go out—when I went out, I left Groom in the shop—when I saw Faircloth in the street, he had an empty bag—it was his duty to carry out parcels if directed—I can swear this was not directed.
MR. DOANE. Q, Is it usual for warehousemen to cut the pieces. A. Sometimes they did.
canvas, it was rolled up in that manner—I knew it was canvas, by its being rolled up and covered with brown paper—it was rolled as all the others are.
MR. PHILLIPS. Q, Is it not all rolled up in this way? A. Yes—it was brought down before my face—I did not go to examine it in the shop, for it was not brought into the shop.
HENRY BARLING . I am one of the partners in this firm. The prisoner Mackay married Mr. M'Kenzie's aunt—we have employed him in the buisness formerly—in consequence of some information from Groom, on Saturday, the 23rd, I spoke to Faircloth between four and five o'clock, just after Groom returned from dinner—Mr. M'Kenzie was present—I asked Faircloth where he was going with the parcel—he said, "To the Bell Inn, in Warwick-lane, with some old wrappers"—I asked who he gave them to, the clerk, or the porter?—he said he had thrown them into the warehouse—I went to the inn, and inquired of the clerk, and there had been no wrappers there—I then came back to Mr. M'Kenzie, and told Faircloth that it was untrue—that he had not been down to the Bell—I said, "Faircloth, you had better tell the truth, for I shall be able to find it out"—we had Noel up with him—he denied all that Faircloth had said—this piece contains fifty yards of two-quarters' linen canvas, and is worth 28s.—there is nothing in this book relating to the canvas—if it had been sold, it should have been ticked off—it has been ticked off, and then rubbed with the finger—it has not been sold.
Cross-examined by MR. PHILLIPS. Q. How many pieces of canvas of this width, and rolled up in this way, have you in your shop? A. We may have from twenty to thirty—I should be sorry to swear when I saw this piece in our stock—we take stock but once a year—the warehouseman generally takes an account of what goods Come in—I cannot swear that this had not been sold.
Cross-examined by MR. PAYNE. Q, Would Faircloth have any means of knowing whether goods had been sold? A. Only by the invoice—he had no access to the books—he is a man of weak intellect—he has had an injury in the head—he can eat, and drink, and read.
HENRY HART . I am bar-man at the Mourning Bush Tavern, in Aldersgate-street. On the 23rd of May, this piece of canvass was brought there by Faircloth, about two o'clock—he asked me to take care of it for Mr. Ross, who would call for it—the prisoner Mackay, whom I had known by that name, came for it at nearly three o'clock—I told him there was a parcel for him, and he took it away.
JANE CASTLE . I am daughter-in-law to Mr. Summerland, who keeps the White. Bear, in Barbican. On the 23rd of May, Mackay brought this parcel there—it was between four and five o'clock—he wished me to let him leave it for a short time—I kept it till Groom came with the officer.
(William Stringer, a gun-maker, of Camden-town; Thomas Peck, an account-book-maker, and John Gaunt, a brass-turner, of Noble-street, deposed to Noel's previous good character. Saul Minshaw, a diamondseller, of Benjamin-street; Charles M'Crate, of Percival-street, Northampton-square; and William Paley, of Camberwell, to that of Faircloth.)
NOEL— GUILTY . Aged 31.
FAIRCLOTH— GUILTY . Aged 45. Transported for Seven Years.
ROSS— GUILTY . Aged 45.
SAMUEL CAVE . I keep a hosier's shop in Hedge-row, Islington. On the 5th of June, about eleven o'clock in the morning, the prisoner came with another female, and asked for white cotton stockings—a parcel was shown them, at 1s. a pair—the prisoner offered 10d., which was refused—they then left—I missed a purse—I followed them, and saw the prisoner go into Mr. Wallis's shop—I went in, and took her—she gave me up one purse—the officer afterwards found this other purse.
Prisoner. I know nothing of the other purse.
PETER FLANAGAN (police-constable N 183.) The prisoner and another were given to me—the prisoner produced this purse from her bosom; and while we were entering the charge, the other officer brought in this other purse.
(The prisoner put in a written defence, stating that her companion had found the purse in the street, and given it to her—she received a good character.)
GUILTY . Aged 16.—Recommended to mercy.— Confined Seven Days.
Before Mr. Common Sergeant.
MARY GOULD . I live in Kingsland-road. I was at my shop on the evening of the 19th of May—my niece gave me information, and I saw the prisoner putting this jacket under another person's arm—I went to the door, and saw the prisoner go down Wellington-street—I asked him to stop the foremost one with the jacket—the prisoner walked on—the other one threw down the jacket, and ran away—I caught hold of the prisoner—he asked what I wanted—I said, "Come back, and I will tell you"—he said he would not—I said he should—he threw himself on the ground; but, with the assistance of my niece, I took him back.
Prisoner. Q. Did you see me run directly I took the jacket? A. No; you walked first.
CHARLOTTE GOULD . I live with my aunt, next door to the prosecutor. I saw the prisoner take a brown cloth jacket, from a piece of wood, at the prosecutor's shop—he put it under a young man's arm—we followed the prisoner, and took him.
Prisoner. Q, Was not the shop shut? A. No—you did not run away, but walked.
Prisoner. Q, What can you swear to it by? A. By the private marks.
JAMES MILLER (police-constable N 234.) I produce a certificate of the prisoner's former conviction, which I got at Mr. Clark's office—I was a witness on his trial, and know he is the man who was tried (read.)
Prisoner's Defence. I had just returned from St. Katherine's Docks—the man who had the jacket was running—the woman called," Stop thief"
—I stood looking—she collared me, and said, "I want you"—I said, "What for?"—she said, "Come, and I will tell you."
GUILTY . * Aged 19.— Transported for Seven Years.
Fifth Jury, before Mr. Common Sergeant.
LAWRENCE HUTCHINSON . I live in Bread-street, Cheapside. On the 15th of June, about nine o'clock, I was near the post-office—I turned round quite promiscuously, and saw the prisoner drop my handkerchief—I took it up and took him—this is my handkerchief.
The prisoner put in a written defence, stating that he saw the handkerchief fall on the ground, and upon taking it up the prosecutor secured him.
GUILTY . Aged 19.— Transported for Seven Years.
GEORGE BUXON . I am a broker, and live in Great George-street. The prisoner came about eight o'clock at night on the 30th of May, and offered this guard for sale—I bought it of him—he said it was his own, that he kept a beer and coffee-shop, and had a distress put into his house, and had saved a few things, but was obliged to sell them.
Cross-examined by MR. CLARKSON. Q. How far from the prosecutor do you live? A. Not half a mile. I gave two shillings for this guard, but did not know but that it was iron cased over with brass, and thin; it would not then have been of much value.
Cross-examined. Q. What are you? A. I keep a general sale-shop—I buy pawnbrokers' property every twelve months—I was standing at my butcher's, which is next door to Dunnell's, when the prisoner came up with this thing in his hand—he asked half-a-crown for it—I should not value it at more than four shillings, if I were going to buy it at a pawnbroker's—I never dealt in old metal.
(Henry Martin, a baker, of John-street, Edgware-road; and Matthew Dagworthy, a fishmonger, gave the prisoner a good character, and promised to provide for him.)
GUILTY . Aged 54.—Recommended to mercy by the Jury.
Confined Six Days.
1507. THOMAS LAWLER was indicted for stealing, on the 13th of May, 1 bag, value 1d.; 1 trowser strap, value 3d.; 1 penny, and 2 halfpence; the goods and monies of James Powell, from the person of Joseph Thomas Powell.
JOSEPH THOMAS POWELL . I am son to James Powell, of Rathbone-street, St. Luke's. I am nine years old—my father makes belts and braces—on the 13th of June I had a bag in my pocket; it had a patent strap, two halfpence, and one penny in it—the prisoner came up to me—I know he is the boy—he said, "Let me measure how many furlongs your bag is, as I want to make one?"—I said, "No;" and he snatched it out of my pocket—I took hold of the string, but he got it away—I called out," Stop thief—he has got my money"—a woman took him by the shoulder, but he got from her—the policeman afterwards took him.
Prisoner. I picked it up, as he dropt it down. Witness. No, I did not; it was safe in my pocket; he saw the string of it.
WILLIAM SHEPHERD . I was coming by St. Luke's church—I saw a woman holding the prisoner's arm—he twisted away from her—I asked him where the boy's money was—he said he had thrown it down by the church—I said, "You shall go back and show it to me"—I took him to the back of the church, and said, "Where is it?"—he could not tell me—I searched him, and found something like money on him—I said, "I shall hold you till the policeman comes."
GUILTY . Aged 12. —Recommended to mercy.— Confined Eight Days, and Whipped.
WILLIAM MAYNARD . I am shopman to Richard Henry Ashford, of Bethnal-green-road, a pawnbroker. On the 13th of June I was in the shop, doing up things, and I received information—I ran out and missed one pair of trowsers from the post outside the window—I saw the prisoner running away—I called "Stop thief, "and the policeman took him with these trowsers under his coat.
Prisoner's Defence. I was coming from Hackney-marsh—I ran down the road, and next door to this shop, the trowsers laid on the pavement, by the doctor's shop.
GUILTY . Aged 21.— Confined Two Months.
EDWARD WEBB . I am a bricklayer. On the 15th of June I was in Rosoman-street, Clerkenwell—I saw the prisoner walking backwards and forwards before the door of a house where Dennis Reddin was at work—I then saw the prisoner step through the shop door very lightly, into the parlour, take a pair of shoes, and place them under his jacket—he got four doors off—I went to him, and said, "What have you got?"—he said, "Nothing"—I said, "I know you have; I saw you take something off the sideboard"—he said, "If you say that, I will cut you down with the shovel"—I called the men—the prisoner ran back and put them back where he took them from—he had been at work for my master before—he went one morning to the chapel to get his shovel; he then called for these shoes.
Prisoner. You know I was very drunk. Witness. No, you were not.
—I left my shoes on the sideboard, in the back parlour of this house—these are them—I was called by the last witness—he told me, in the presence of the prisoner, what he had seen him do—the prisoner said he did not steal the shoes—I found the shoes in the same place as I left them in, but the witness said he found him four or five doors off with them under his jacket—he was rather intoxicated, but not to say drunk.
Prisoner's Defence. I was waiting for my hod, which one of the labourers had taken to get a hod of fine stuff.
GUILTY . Aged 30.—Recommended to mercy.— Confined Seven Days.
WILLIAM SPENCER . I am shopman to John William Cassell, of High-street, St. Pancras. A woman came in to pawn a handkerchief, and the prisoner came and spoke to her—they went out—I heard a snatch; went out, and missed one pair of black trowsers—I saw the prisoner down the street, putting something under his coat—he saw me running; he threw down the trowsers—I told a boy to take them up—I pursued, and the prisoner was stopped.
Prisoner. I was waiting for the female when you came out. Witness. You came out together.
Prisoner's Defence. The woman was going to Mr. Cassell's, to pawn the handkerchief—I waited; she was long in coming, and I went and asked her to come—I came out, and had got thirty yards down the street—I did not offer to run—there was a cry of" Stop thief!"—I then ran with the rest.
GUILTY . Aged 28.— Confined Two Months.
1511. JAMES PULLEN was indicted for stealing, on the 6th of June, 1 pelisse, value 2s.; 2 petticoats, value 1s.; 1 pillow-case, value 6d.; 1 napkin, value 6d.; 1 shift, value 3d.; the goods of John Turner.
ELIZA TURNER . I am the wife of John Turner, and live in the Kingsland-road. He is a compositor—on the 6th of June, I left this property on a line—I missed them at half-past six o'clock on Saturday morning—they had been out all night—the yard is at the back of my house.
HANNAH PERKINS . The prisoner's father has got a bit of ground near me—I saw the prisoner there on the 6th of June, between one and two o'clock—he was stooping by a raspberry-bush—I went down to him, to ask him for one pennyworth of rhubarb—he pulled out a little frock, then a pillow-case, and some other things—I said, "Did you bring these things here to dry?"'—he said, "No; I found them here"—I took my rhubarb, and went away.
Prisoner. I told her that if she knew anybody who had lost them, to tell them to come to my house, and they should have them. Witness. I did not hear him say that, but he showed me the things of his own accord.
ROBERT HOWARD . I went to the garden, next to Mrs. Perkins', to take the prisoner, for stealing some linen—he said, "I did not steal them, I found them; if you will go with me, I will show them to you"—he said he found them under the raspberry-bush—he objected to be taken by a City officer.
witness—I took the prisoner to the station-house, as I told him, for stealing some linen—he told me I might have them by going to his mother's—it was then between eight and nine o'clock—I went there the same evening—they denied having the things—on the following morning I went and searched the house—his mother denied that they were there—I found these two petticoats under the stairs—the prisoner had told me where they were, and that his mother would tell me where to get the ticket, but she denied the ticket—on the following Monday morning they produced the ticket before the magistrate—the prisoner told me they had pledged some of the things.
Prisoner. My mother would not let me keep the things, because she thought it was not right—I pawned some, and took the ticket to Mrs. Wilson to take care of—I saw the things under the bush—the woman was in the garden at the time I pulled them out.
COURT to MRS. PERKINS. Q. Did he say to you, "See what is under that bush?" A. I did not hear him say so; he pulled the things out—he pulled out the frock first.
NOT GUILTY .
ELIZABETH JACOBS . I live at Coventry-court, Haymarket. The prisoner was my fellow-servant—on the 27th of May, at four o'clock in the morning, I went to bed—I left the shawl and veil in the parlour—about nine o'clock in the morning the prisoner came to me—I came down directly afterwards, and found all the drawers open, and my shawl and veil were gone—it was a black shawl, and figured all over—the veil was figured with a border, and was very large.
HENRY LEVY . I live at No. 17, Middlesex-street, Whitechapel, and am a clothesman—on the 27th of May, between ten and eleven o'clock in the morning, I was coming along St. Giles, crying "Clothes," and heard a woman call "Jew"—I turned, and saw the prisoner with a bundle—she took me under an archway, and showed me some articles, and asked a sovereign for them—they were worth about 14s.—I offered her 12s.—she would not take it—there were three gowns, a veil, and a shawl—Mr. Lewis, in Coventry-court, where the prisoner lived, was a customer of mine—he keeps a "company house"—I purchase his old clothes—I called on him on Friday morning after, Jacobs came out, and said Mr. Lewis would be down directly—he came down—I asked if he had any thing for me—he said, "No "—we stood talking—he said, "I was robbed some days ago "—he did not tell me of what—I recollected that I saw something on the Wednesday—he told me his servant was gone—I had never seen the servant, but something struck me it was his servant—I asked him if his servant had robbed him—he said the woman had gone away with some things on Wednesday morning—I said, "I saw a woman without a shawl or bonnet on, in St. Giles"—I sometimes go to Mr. Lewis once or twice a month, and sometimes oftener—I buy a good deal of him—he is no relation of mine, nor is Jacobs.
NOT GUILTY .
as an errand-boy—on the 12th of May, he went to dinner at one o'clock; and he asked me if there was any thing to take to our other shop, in Tichfield-street—I said, "No"—he said, "Shall I take a bag? "I said, "Yes; and bring what there is to come back"—he went, and I saw no more of him till he was at the station-house—the policeman brought these shoes to our house' about one or two o'clock, and said the prisoner was in custody—these are my uncle's shoes—I knew they had not been sold as they had not been cleaned up nor punched.
GEORGE ROE . I am in the employ of Mr. Attenborough, a pawnbroker. On the 12th of May the prisoner offered this pair of shoes to pledge—I asked him some questions, he differed very much in his answers, and then ran away—we pursued and took him—he had pawned one pair before.
Prisoner, Two or three persons, whom I used to go on the water with; persuaded me to take them.
GUILTY . Aged 14.— Confined Three Months.
CHARLOTTE GILBERT . I lodge at the prisoner's father's at Highgate. I had eight sovereigns and four shillings in my box there—I saw it safe about the 10th of May—the box was locked, and I had the key in my pocket—I found the money was gone from my box, which was under my bed—I cannot tell how the box was opened.
DANIEL MAY . I am a constable. On the 20th of May, the prosecutrix told me she had lost eight sovereigns and four shillings—I asked if she suspected any one—she said, "No "—I made inquiries, and found the prisoner had changed a sovereign at the Wellington public-house, and apprehended him on suspicion.
ELEANOR FROST . On Tuesday the 12th of May, I changed a sovereign for my ostler—there was some dispute about paying the reckoning—the prisoner was there, and the ostler said, "It is Aylesbury's sovereign, and let him pay the whole of it."
DANIEL MAY . This is Dr. Owen's signature to this deposition (read)—"The prisoner says I am guilty of having robbed Charlotte Gilbert of the 8l. 4s. which she complains of being robbed of. Henry Aylesbury. Signed, H. B. Owen."
Prisoner's Defence. When I went home to dinner one day, I was informed by my father and mother that the prosecutrix had lost her money—the constable came and took me—the Magistrate put down what the prosecutrix could say herself, and seemed bent upon sending me down here—I did plead guilty in an unguarded moment, but I am totally innocent. (John Osbom, of Holloway; Joseph Pluckrose, of Prospect-place; and Richard Jones, gave the prisoner a good character.)
GUILTY . Aged 20. Recommended to mercy by the Prosecutrix.— Confined One Year.
CHARLES HENRY DARBY . I live at Grove House, Holloway. On the 11th of June, I was passing near Bridewell, at ten minutes past eight o'clock in the morning—I felt something—I turned and saw the prisoner and another—the prisoner was putting something into his bosom—I missed my
handkerchief—the prisoner darted off—I pursued him—he threw it down, and was taken.
Prisoner's Defence. I was passing through Bridewell, and the handkerchief was thrown in my face—the gentleman turned round, and I ran, from fright.
GUILTY . Aged 22.— Transported for Seven Years.
ANN SIMMONS . I am the wife of John Simmons, who keeps a lodging-house for single men—the prisoner lodged there on the 15th and 16th of June—he went out on the morning of the 16th—I fancied he looked bulky—I went up stairs, and missed a sheet—I overtook him in Wellclose-square, and told him he must come back—he said he would not, but if I would let him go, he would give me the sheets—I said he must come back—he did so—I kept him till the policeman took him, and found two sheets on him.
(Property produced and sworn to.)
Prisoner. I know nothing of it.
GUILTY . Aged 37.— Confined Three Months.
NOT GUILTY .
OLD COURT.—Monday, June 22nd, 1835.
Third Jury, before Mr. Common Sergeant.
HUGH MASON . I keep the Little Bell public-house, St. John-street, in the parish of St. Sepulchre. On Saturday, the 16th of May, about half-past nine o'clock at night, Mrs. M'Kinnin came in with a 10l. note, and asked for change—it was placed on the table—there were two females in the room—the prisoner was one—she was in the bar—she had been at my house about two days before—(I did not know her—she was there on the Thursday before, and said she had come to London on account of a lawsuit for 150l., and my daughter gave her leave to come into the bar, it being a wet evening—this was two days before the transaction)—I gave the note to my daughter, and told her to put it in the drawer—it was on the table—the prisoner said she would put it into the drawer—I cannot say that I saw it in her hand—my daughter and the prisoner were in the bar—when I came back, in a moment, the note was gone—there was nobody in the bar but my daughter and her.
Prisoner. He asked me to put it into the drawer, and I did so—his daughter saw me do it.
the change to her—he laid the note on the table, and said to me, "Put the note into the drawer"—the prisoner made up to me, and said, "I am nearest, I will put it in for you"—I saw her open the drawer, and put the note into it, as I thought, and shut the drawer again—we thought no more about it—but in ten minutes she went out to get her box, as she said—my father was outside—he came in, and went to the drawer, and the note was gone—nobody had been to the drawer from the time she pat it in, till my father went to the drawer—the till is in the bar, which is part of the dwelling-house.
ANN COX . On the 16th of May, about ten o'clock, the prisoner came to me, and asked me to take something to drink. I was standing at my gate—I said I would rather not—she came in doors with me, and said, "I have got a 10l. note, which I have just received from my father, to pay a butcher's bill"—that she had seen him off by the coach to Hertfordshire—she was dressed in a black bonnet—I saw her next morning—she was then dressed in a new Tuscan bonnet and green shawl—I said, "Did you get your note changed?"—she said, "Yes"—I never saw her till the Tuesday before—I do not know how she came to show me the note.
WILLIAM WILLSON . I am a policeman. I took her in charge—I told her I wanted her, for stealing a 10l. note from the prosecutor—she was some time before she would give me an answer—at last, I asked her what the had done with it—she said she had changed it—I asked where—she told me I must go and find that out.
Prisoner. Q. Did you ask me if it was the note I had stolen from Mason?—did you not say where is the note?—I said, yes; I had a note which I changed, and it was my own? A. I told her I wanted her for stealing a note from Mason, at the Little Bell, St. John-street—she Was some time before she gave me an answer—I asked her again what the had done with it—she said, "I have changed it.
GUILTY . Aged 22.— Transported for Life.
1519. DAVID FRANCIS WEBSTER was indicted for stealing, on the 3rd of June, at St. Pancras, 1 watch, value 4l.; 2 seals, value 22s.; 1 watch-key, value 12s.; 2 watch-guards, value 5s.; 2 purses, value 6d.: and 6 sovereigns, the goods and monies of William Charles Gault, in the dwelling-house of John Mann.
WILLIAM CHARLES GAULT . I live with John Mann, in Clifford-street, Russel-square, St. Pancras. The prisoner was a joumeyman baker there with me—on Tuesday, the 3rd of June, I had a watch, seal, and six sovereigns safe in my box—I missed them about a quarter past nine o'clock next morning, and charged the prisoner with taking them—he denied it—next day I called a policeman, and searched his box, but found nothing—a cap was hanging above his box, with the duplicate of the watch concealed in the lining of it, and after that he owned he had taken the whole of the property—the watch is worth 4l.—he said, he had taken the Watch, two seals, and a key, and six sovereigns—he was charged with taking it all, and said he had—it was all in my box, and my box was broken open—I am sure he owned to taking the sovereigns as well as the watch.
RICHARD PASSEY . I am a policeman. I took the prisoner into custody. I searched his boxes, and found the duplicate—he denied the charge, and afterwards acknowledged that he had taken the property, and put it under
the stairs, at the bottom of the bakehouse; and I there found the six sovereigns and two purses, two seals and a key—Gault took them from there.
(Property produced and sworn to.)
GUILTY . Aged 20.— Transported for Life.
Before Mr. Justice Coleridge.
THOMAS JOSEPH PETTIGREW . I am a surgeon at Charing-cross hospital. I remember Carroll being brought to the hospital, on Sunday, the 5th of April, at 10 o'clock in the morning—I examined him—I found four or five wounds on the scalp, all of which were trivial in their nature, excepting one over the left temple-bone—there was a slight wound on the cheek-bone—two fingers on his left hand were wounded, and he had a wound in the right knee-joint—they were cut-wounds, evidently inflicted by some sharp instrument; a sabre or knife would inflict them—the man was exceedingly exhausted when brought into the hospital—I presume from the loss of blood, and partly from having been drinking—he remained in the hospital until his death, which was on the 19th of May—inflammation arose on the knee-joint, followed by an extensive formation of matter, which is the common consequence of wounds in the larger joints—in consequence of that, it was thought necessary, three days previous to his death, to amputate—it was decidedly my opinion that amputation was necessary—he would unquestionably have died without amputation—I performed the amputation—it was done very successfully—he was so much exhausted previously, that it was a matter of great importance to perform it very expeditiously, and to save is much blood as possible—it was removed within two minutes—there was a very small quantity of blood lost, but he died on the 19th of May—I attribute his death to the irritation and exhaustion consequent on the wound inflicted on the knee-joint (looking at a sword)—that weapon is quite capable of producing such a wound.
Cross-examined by MR. CLARKSON. Q. Did you observe what age he appeared to be? A. He was stated to be 35—I should think that was his age—he was nearly six weeks in the hospital before he was subjected to amputation—his pulse was feeble at the time the operation was performed, but regular; it was done between twelve and one o'clock, and he died at half-past four—the infliction of pain and the loss of however small a quantity of blood, in a system already exhausted, would be likely unquestionably to accelerate his death; but it was the result of two deliberate consultations to give him that chance—the man was willing to the infliction of the amputation, and had the full consequences of it communicated to him; after that it was found unquestionably desirable to amputate.
Q. Do you not believe he would have survived a day or two longer, if amputation had not been performed? A. Perhaps scarcely that time—he lost but a very few ounces of blood by the amputation, scarcely more than the blood retained in the limb which was removed—he did not lose two ounces from the part above—his pulse was about one hundred and twenty just before the operation—it is the custom to feel the pulse during the progress of the operation—there was no sensible change.
Q. Do you not believe that the death of this party ensued at the time it did by reason of the operation which had been so recently performed? A. Certainly not—he might probably have lived a few hours longer if it had not
been performed—at the same time we know it to be possible for an individual suffering under extreme exhaustion, to sink at any moment, without the infliction of the operation—we communicated to him all that might be apprehended—no operation is done in any hospital without communicating to the individual the probable consequences of it, and having his consent—in the opinion of all the medical officers in the hospital, it was justifiable, on the ground of its absolute necessity, in consequence of the impossibility of his surviving unless the limb could be removed.
EDWARD BARRY . I live at No. 7, Star-court, Newton-street, Holborn, On Sunday morning the 5th of April, between four and five o'clock, I was alarmed by a noise—I knew Carroll by sight, but never spoke to him, he lived at No. 3, nearly opposite to me—I got up, in consequence of hearing the noise, and looked out of the window—the row began in the parlour on the ground-floor—Carroll lived in the two-pair—it was a family affair among them—I saw no persons in the court at first, but I saw two women jumping out of the parlour window in their petticoats and shifts; they cried out "Watch and police," and the police came to their assistance very soon—I do not know who was the policeman—he told them he could not enter unless there was murder cried—one or two policemen came—I cannot exactly say it was one—one, to the best of my knowledge—after this the court was quiet for a time—the woman said to her mother who was inside, "Mother, cry out murder," which the old woman did—at this time the court was quiet—when she cried out "Murder," the daughter cried out "Murder," and the policeman entered at the door—I saw him no more—in about twenty minutes after I heard a noise in the court—I jumped out of bed and went towards the window—I saw two policemen running out of No. 3—they sprang their rattles the moment they came out, and ran up to the end of the court, and some more came to their assistance very soon—some of them ran into No. 4, instead of No. 3—I told them that was not the right house, and directed them to No. 3—there was no noise in No. 3 at that time—they could not get up stairs, seemingly—I heard no noise inside, but seemingly there was a man at the top of the stairs, and they could not get up—I then saw policeman No. 103 get upon the window shutters—he wanted to get into the one pair window—the shutter not being steady under his feet it was impossible for him to do so—Carroll came forwards with a quart pot in his hand, which caused him to jump down—he came to the one pair window—he lived in the one pair—he put his arm and body out of the window, trying to keep the man No. 103 out of the window—he came down, and not long afterwards the prisoner Davis brought in a ladder on his shoulder—I did not notice Davis before—he put the ladder up to the one-pair window, and went away, leaving it there—No. 103 went up the ladder, and broke some of the small panes with his staff—Carroll had the quart pot in his hand, reaching it out to keep him from coming into the room—I did not see him strike him—No. 103 came down, and Davis came with a sword afterwards—this was the first ladder that was there—Davis's sword was drawn, he pulled it from under hit coat—he ran up the ladder with the sword, and made a blow at Carroll—the first blow he made, Carroll put out his hand as a guard, to keep it from his head—he did no injury with the first blow—it did not strike him—the second offer he made, the deceased caught the sword in his hand, and Davis pulled the sword through his hand, which cut all his fingers; and he made a blow at him, and cut him in the head afterwards—Carroll was trying to guard himself with the quart pot—Davis struck him at different times afterwards
on the head with the sword, and made different stabs at him—the other policemen were on the ladder at the time, trying to get at Carroll with their staves—there were three ladders brought at last—there were a good many policemen behind Davis, on the ladder he stood on, trying to get in, and the other ladders had men on them trying to get in—they did not get in then—the ladder gave way, and Davis fell—Davis was telling Carroll to come down, all this time—I cannot say exactly his words—I heard him telling Carroll to come down; and Carroll asked what they wanted of him, that he had neither beer, gin, or any thing else to give them—they made no answer that I heard—Davis fell on his left shoulder and face—I saw no more of Davis then—the next man I saw with the sword was Yates—he went up a small-round ladder—not the first ladder that came—not the one which Davis fell off—he had the same sword in his hand—I saw him go up the ladder, and make a blow at the deceased—it took effect in the head—I afterwards saw him catch him in the left-side of the head with the sword—that was another blow, it caused Carroll to stagger back three or four steps—he came to the window again with the quart pot—I saw Yates strike him at different times with the sword; but whether it took effect or not I cannot say, for the man was covered over with blood—I am sure be struck him—he made a blow at him which missed—the sword came against the side of the window, which broke the sword—he then came down the ladder—he was often called down by the rest of the police and his officers—I saw a serjeant there—when he came down, he went back again, took the sword, and went up again—and said, "D—n you, will you come down? I will have you down"—Carroll came forward with the quart pot, and put his knee on the open window—(he had all his clothes on)—Yates struck him over the knee—he was then called down, and came down and said, "D—n his eyes, one blow more would have settled it"—I saw no more of the prisoners then—the man who was on the stairs, in the course of a few minutes was taken prisoner—I do not know who that was—Carroll gave himself up, when the man on the stairs was taken—the policemen made their way up stairs—two or three men went in at the window, and Carroll gave himself up—Carroll and the other man were carried away as prisoners—I did not see Carroll strike either of the policemen—he struck at them very often—he made the attempt.
Cross-examined by MR. PHILLIPS. Q. Were you sober? A. Yes; perfectly—I could see what was going on—I was within ten feet of Davis when he was on the ladder, with the sword in his hand—I had a clear view of it—the ladder gave way—I suppose it was from having so many people on it—I suppose four or five were on it—I did not see Carroll give Davis a clinck on the head with the quart pot, which tumbled him off the ladder—I did not see him picked up senseless—I had come out of the house, and I was at the bottom of the ladder, when it gave way—I did not see Carroll knock Davis with the quart-pot quite senseless off the ladder, I had my eye fixed on Davis—I saw Davis on the ground, when the ladder gave way—he was bleeding—Carroll could not reach him with the pot—Davis must have been bleeding from his fall down on the flags—he was bleeding over the temple—I see a mark over his brow—I really think the flags gave him that wound—he got up and walked away—I swear that—I did not hear him swear any—I did not hear him say any thing—I dare say I was ten or eleven feet from him when he fell—he got up of his own accord, not very briskly—nobody helped him up, I am sure of that—I did not exactly notice—I saw no man take him up—I saw him get up, of his
own accord—on my oath I did not see a man come to his assistance—I saw him get up, and after getting up, standing and walking away—I saw nobody helping him to get up.
Q. If any body had helped him to get up, must not you have seen it? A. Perhaps my eye was not fixed, for the first time he got up I saw no man getting him up—I cannot swear how long he was down—he got up, I suppose, in the course of a couple of minutes after he fell—I saw him raise himself from the ground; nobody helped him that I saw—nobody could do it without my seeing them, except they came in a hurry—on my oath he was not taken up senseless—he got up himself—I swear that deliberately—I saw him walk off himself, and two men with him—they were doing nothing to him that I saw—one of them had hold of him by the arm—I saw Davis come back—he stood at the end of the court, down the court, and back again—that was ten minutes afterwards—he had a handkerchief tied round his head—I do not know whether this is the pot Carroll had (looking at one)—I cannot tell how this pot became covered with blood—I saw it in the officer's hands—it was then as it is now—I did not see it that night—I did not notice whether the pot Carroll had in his hand was bloody or not—Carroll had got no blow in the knee till after the ladder fell, and Davis went away.
Cross-examined by MR. CLARKSON. Q. You were living opposite, and were disturbed by the row? A. Yes; between four and five o'clock—I have not heard many rows there before—there was a wake that night, by all accounts, but I was not at the wake—I never saw a row at a wake yet—Carroll's child lay dead in the one pair—I have been to many wakes—I have never known a row at those I have been to—I did not see a stranger go up the ladder, in plain clothes, with a sword in his hand—I suppose about an hour and a half elapsed between, the ladder being broken and Carroll surrendering himself—he was repeatedly called upon to surrender himself, by the police on the ladder, and those below—he said, what did they want of him? that he had neither gin nor beer to give them—I did not hear them ask for gin or beer—I was perfectly sober—I cannot say what state Carroll was in—the window is about ten feet from the ground—I came out, but not for the purpose of joining in the row—I had nothing to do with that—when I first saw Carroll, he was not furiously drunk, that I could perceive—I saw no blood follow from his attempts to strike several persons—that could not happen without my seeing it—I did not see a man have three teeth knocked out—I know Burn, the policeman—Carroll might have kicked three of Burn's teeth out, in-doors—I did not see the deceased stab any one in the hand—it could not have happened outside—I do not know the policemen Pike and Lake—I only noticed two policemen there first—Mrs. White was the woman who called "Murder"—I did not notice either of the policemen without his hat, cape, and staff—they ran out in a hurry, and sprang their rattles—I do not know Francis Carroll—I do not know whether he was there that night—I went to Bow-street on the Monday afterwards—we were all called upon to go down—at that time the deceased was alive, and at the hospital.
Q. Did you make any statement on that occasion against either Davis or Yates at the office? A. No; we were not called upon—I made no statement till after the man was dead;—there was a man taken, who, I suppose, was the man at the top of the stairs, who had been keeping the people down—I was not acquainted with him.
lived at No. 4, Star-court—I was not at the wake—I was alarmed by a noise, about half-past four, and got up—Daniel Carroll lived at No. 3, in the one pair—I came to the door of No. 3—there was a noise there—when first I came to the door, the police and I were just going in together; for Mrs. White, who lived in the parlour of No. 3, cried "Watch! Police!"—one policeman, No. 103, was going in at the door along with me—White's daughter had her hand to her cheek, where her brother had struck her, as she said—she was not bleeding—her cheek was quite red, as if she had had a blow—her mother wanted the policeman to go up stairs, to take her son out of the room from the wake—she said that the son was striking his own wife, and the daughter went in at the door, between him and his wife, and he struck the daughter—Mrs. White is not Carroll's mother—the policeman said, he could not go up, at his peril—it was very quiet and still at this time—he said, "I cannot go in, without murder being cried"—the daughter who got the blow from the brother, desired her mother to cry out, "Murder"—I then just came in, to put on my clothes, having nothing on at the time, but a quilt about me—I had not stopped above twenty minutes—I heard no noise during that time, nor till I came out again—I then saw two policemen coming down the stairs, one of them without his hat or staff, and the other had his hand against his mouth, as if it was bleeding—I cannot say whether he was bleeding; as it was darkish—I returned in again to get my shoes, as I had not put them on—the police sprang their rattles very fast; and No. 103, who was one of them, ran down from the top of the court, by my door, to the watercloset—he had his hat on—he ran to the privy, took hold of the door, and shook it—he looked in, turned about, and stooped for a big stone which was by the privy-door—I said, "Pray, Sir, don't throw that stone; if you do, you will commit murder"—he could not take it up, it was too heavy—he came further, and got a bit of a stone-jug, and slung it in at the window—I begged him not to do it, as the child laid there dead—he then got up on the window-shutter, and put his hand on the little bolt of the shutter of the parlour window—he then got his hand on the ledge of the window, and struck up with his staff—they had put his hat and staff out of the window to him, and said they would have nothing more to do with him—Carroll then came to the window, as he struck the window first with his staff—Carroll had a pot in his hand, and said, "What do you want with me?—I have thrown you out what you wanted, your hat and staff; what more do you want of me?"—there was no disturbance on the stairs—then the policemen were all coming very fast—when Carroll came to the window with the pot in his hand, as he opened the window, the policeman No. 103 fell down off the shutter—then a step-ladder was brought and placed against the wall—No. 103 was the first man who entered the ladder, and he broke the window with his staff—Carroll was at the window at the time, and No. 103 chucked his staff into the window at him—Carroll was at the window at the time, with the pot in his hand, telling them to keep down from his place, that there was no row nor disturbance; that he had done nothing that they should try to enter his place; that he had thrown the staff and hat out, and he had a child lying dead; that he was a poor man out of employment, and out of there he would not go, for he knew not what he had done—No. 103 ran down the ladder; there were several of them besides on the ladder, trying to get to Carroll with their staves—No. 103 took the staves out of the hands of the other policemen, and slung them through the window—Carroll came to the window, and
chucked them out as fast as he threw them in—I saw another ladder brought by the prisoner Davis—he placed it before the window, and went away for the space of twenty minutes, and then returned with a sword—he went up the ladder, and squared the sword at the deceased, and the first dart he gave did not come through—then he cut at Carroll again, and cut him on the side of the head; and he gave another cut, and if that had come right, it would have cut his head off, but it cut the window-sash—he next cut him about a couple of cuts on the head, and he cut him on the cheek, and made a piece hang out of the cheek—his hand was against the lid of the window, and he cut the side of his two fingers off, like—he cut the fingers through, like—he cut them down, chipped them—Carroll was trying to cut at him with the pot all this time—he made several offers, but never struck but one policeman; and I cannot tell which one that was—they were all on the ladder, like a swarm of bees—he used to knock them down as they used to ascend—there were two steps out of the ladder which used to upset them; but there was another ladder, and that the policemen held—they fell themselves; for they were so desirous of the men getting on the ladder, that the ladder used to upset them down on the place—the man Carroll struck was not knocked down, for he stooped—he received the blow somewhere about the temple—I cannot say what was the consequence of that, but they were all close down on the ground—I do not know who got the blow on the temple—there was a good deal of blood came from it—the man did not lie senseless on the ground—the ladder did not fall—Davis stood on the second ladder when he fell—a woman put the end of a broom against the window, to knock the blows off the deceased—she did not strike Davis with the broom—the deceased and the woman put their hands against the ladder, and it came down—the ladder dropped from the side of the window, and Davis fell down, and the sword—I saw him on the ground—he was not above a few minutes on the ground, when he was taken up by the rest of his brothers—he was bleeding at the time, for when he came down to the ground, he was cut by the side of the broken ladder in places—he was cut on his head, which way I cannot tell, but he seemed to be cut—the rest of them took him up, and took him away—I saw him half, or three quarters of an hour afterwards, with a handkerchief, or something, about his head.
Q. What became of the sword? A. The prisoner Yates took hold of the sword, and went up the ladder—he placed the ladder up again, and he cut several cuts at the window—he gave Carroll one cut by the side of the head—Carroll was still at the window with the pot in his hand, trying to get at him; and Yates had his head down, and cut at him, and the sword was broken—Yates broke the sword on the deceased, and by the side of the window too, and then he fell when he gave him the blow on the head—Carroll staggered about three steps from the window, and then he came to the window again with the pot in his hand—he held over the window, and stood cutting at him with the sword, Carroll trying to cut at Yates, and Yates at him—he got his knee on the window, trying to get at Yates, and Yates cut him in the knee—the serjeant of the police said, "Come down, Yates; come down"—he came down the first turn, but the last turn he went up, and cut the man on the side of the head and knee; and the serjeant ordered him down—he had ordered the deceased to come down out of the window, but he said, "There is nothing I have done, that I should come down"—Yates said the devil would have him in the course of the day, dead
or alive, if he would not fetch him down—at last Carroll was taken—he surrendered—one of the Serjeants ordered him down—I cannot tell his number, for I can neither read nor write—he ordered him down, and desired all the policemen to fall back, to put down their capes, and enter in, and to go up, and take the first man on the stairs—they went and fetched him down two or three steps of the stairs by the head, and they cut him so on the head as they brought him down, and chucked him on the pavement—he said, "For God's sake, save my life"—this was Francis Carroll—the deceased was at the window then, and a policeman raised a ladder to the window, and chucked at the deceased—both the Carrolls were taken away—I was not in the room at all—I was at the bottom part of the stairs.
Cross-examined by MR. PHILLIPS. Q. Are you lawfully married? A, Yes; I know Ned Barry—I did not see him that night till he was in the crowd among the people outside—I was not at the wake—there was a cry of" Murder" before the police interfered—I know the policeman was No. 103, because at the time he took off his coat, and threw the staves up, he gave it to the men to hold, and I saw a man look at his coat to take the number—Carroll's house was quiet at the time the men came—there was a little row in the house—that was going on about twenty minutes before the police were called—No. 103 chucked the staff in, and got on the window. shutter—Barry was at his own window, looking on, quite quiet—Carroll did not hit any one with the pot at that time—that is the pot, (looking at one,) but it was not so disfigured when I saw it—it came in this shape by the police hitting at it in his hand with their staves, and he struck it against the window—this blood came on it, by the blood pouring from the poor man at the window, for he had several cuts—I did not see Davis get a clink across the temple with it—any body in the court could see the woman with the broom—it was after the broom and the hand were put to the ladder, that it fell with Davis on it—the ladder slipped—there were not two or three menon the ladder that Davis was on—he was on it by himself—I heard Carroll say he had no beer or gin to give them, as he was a poor man out of employment—he did not offer them gin—I was about ten yards from Davis when he fell—I saw him fall, and saw him on the ground—he laid on his side—he was on the ground five or six minutes—the rest of the police picked him up—I cannot tell how many—about two took him off the ground—they gave him a hand, and rose him up—one took one hand, and the other the other, and put him standing—he did not get up Without help—he must have been stunned by the fall—I did not see him lay as if he was insensible—he was sensible enough before be came down—he was hit somewhere about the cheek when the ladder fell—I saw him bleed—I have seen the cut in his cheek—I cannot particularly tell you what part—whether it was at the eye, or under the cheek-bone, I cannot tell—he did not stop to let a good deal of blood fall, for they took him away—the blood came from his cheek—the cut across the cheek was not the mark he now has across his forehead—I saw the cheek bleeding as he came down—he laid down on his side on the ground, as if he was very much stunned with the fall.
Cross-examined by MR. CLARKSON. Q. You know the policeman No. 103? A, I do; I do not know his name—Carroll threw out all the staves as he could get them—he never struck, or attempted to strike, with any thing but the pot—I did not go into the room, or look into it—the police knocked the people down—they took Carroll's brother from up stairs—they went two on the ladder, and two in at the door—there were
four altogether in the room—as the two went in from the ladder, they knocked the deceased down—I did not see one of the policemen's staves in the room—I saw a staff brought down from the room, and they brought it to the office—that was after it was all over.
Q. Had you had any wakes in Star-court? A. Certainly; there was a great lot of children died of the small-pox—I never heard any row at any wake except this.
Q. Did you hear the deceased say, "If it had not been for you, and two or three others, you should not have had me in custody now?" A. No; I did not—they took Frank Carroll, the brother, to the Justice—I did not go before the Justice next morning—I never went except to the coroner—I have not seen Frank Carroll since—I do not know whether he is in prison now, further than hearing people say so.
COURT. Q. What is your name? A. Bridget Larkin—Condon was my maiden name—I saw Barry at his window that morning, and I saw him down the court at the ladder—he had his back to the window, facing the deceased, against Mr. Adey's window—I do not know whether he was there when Davis was lying on the ground—I never heard the deceased call for a pitch-fork to kill any body.
HENRY LAKE (police-constable F 103.) I was in Star-court on the 5th of April—I went there between four and five o'clock—I heard the cries of" Murder "—some women stood outside crying" Murder"—no one went with me at that time—I went into the ground floor room of the house, and I heard the men up stairs crying "Murder"—I went out and was coming up the court, and met Davis and Pike—I had gone out to call assistance—we all three want up stairs on the first floor—we got in without any difficulty—when I got in I found four or five men fighting—I parted them—we parted them, and were about to come away from the room when we were attacked—the deceased called out for the poker—I had not offered any violence to him—I did not strike any of them before I was attacked—Davis was struck by the deceased with the poker—it was a kind of bar which appeared to be used for a poker—the brother of the deceased came to me—I held his blows off with my arm, and beat his blows off with my staff—I did not see any thing in bis hand—we were then beaten down stairs, and went out, and sprang our rattles for further assistance—I did not perceive any mark of violence on Davis, but the poker struck his head—he had not a hat on then—he had it on when he went up stairs, but it was lost in the scuffle—I saw no injury received by any one, when we were beaten down stairs—some brotherofficers came to our assistance—I returned back, and found one of my brotherofficers on the stairs, and the deceased's brother and others were pitching into him—I cannot tell who they were; the deceased's brother sung ont to," Do you want any thing to drink?" and threw down a lot of lime-water out of a quart pot—I then tried to shade the blows off my brother-officer, Burn, and what they were beating with, broke my staff short off—I then went down stairs, and went to the privy to see if I could get any thing to reach the quart pot from the deceased's hand up at the window—the deceased was at the window at that time—I mounted the shutter—he was away from the window then—I looked in at the window—he saw me, and ran from the top of the stairs at me to the window, with the quart pot, and drove me down off the shutter—I found nothing in the privy to answer my purpose—I did not take up a piece of stone jar, and throw it in at the window—I took up a bit of a pitcher which laid by, and put it down again—I did not try to lift up a heavy stone—when I took up the bit of a pitcher, Larkin said,
"Put that down, do not be a coward"—I took it up, intending to throw it at him, to knock the quart pot out of his hand—I am quite certain I did not throw it—there were ladders then at the window—I was ordered by one of the Serjeants to clear the court of the mob who came in—I went to do so—when I returned I saw Davis—he was about to mount the ladder, and had a cutlass in his hand—a cutlass is allowed in the country divisions, but it is not allowed in our division, that I am aware of—I turned away for about a minute, and looked round—I then turned again, and saw the deceased fighting away at my brother-officers—Davis was about to cut the quart pot from the deceased's hand—he was striking at his hand with the cutlass—the deceased turned round to hit Davis—whether he struck him at that time, I cannot say—I did not tee him aim several blows—I saw Davis aim one blow, to hit Carroll on the head, and he turned round to hit Davis, and knocked him completely off the ladder—he had one hand holding the ladder, and the other hold of the quart pot—he struck Davis over the head with the quart pot, and Davis fell senseless—he laid there a short time, and the rest of the policemen assisted him away senseless—they led him away—he leaned down with weakness—he returned in twenty minutes or half an hour—after he was gone, I saw some of my brother-officers going up the ladder, trying to get in at the window—I saw a man with a sword, whom I did not know—he is not here—he is not known, I believe—he was not a policeman—he had the same sword that Davis had—(I saw Yates shortly afterwards with the sword, but did not see him hit any blows with it, for it was then broken—he was swinging it over his head on the ladder, and then he came down)—the man in plain clothes was threatened by some of the mob, and I left, to see him safe out of the court and out of the lane—I saw him do no more with the sword than fling it over his head backwards and forwards—I saw him safely out of the lane—I returned and saw the sword lying down in the middle of the court, broken—I did not see the deceased receive any cut in the knee—both the Carrolls were taken in my presence—I saw the deceased brought out—I believe he was the last that was brought out—I did not go into the room.
Cross-examined by MR. PHILLIPS. Q. When you were up in the room, in the first instance, the deceased struck Davis on the bare head with the poker? A. Yes; I think it was a violent blow—he had his hat off—they took his staff away from him, and I saw a man with it afterwards—after we were down, I heard the deceased say," Where is the pitchfork?"—he threatened to knock all of us down, when he struck Davis—he said he would knock as many down as liked to come—the dead body of his child was in the room—there were four or five men in the room—whether they were all fighting, or some endeavouring to part the others, I could not tell—the left side of Davis's head was cut by the pot—he has a scar now in exactly the place where he hit him the blows, and with Carroll shoving the ladder Davis fell off—the ladder only turned on one side, it did not come to the ground with him—I saw Mrs. Larkin there—she interfered two or three times, and abused me—Davis was bleeding very much—the pot was like the one produced—he struck him with the bottom part of the pot—he fell about two yards—he had not got his hat on at the time—when he was on the ground, he had one hand hold of one end of the sword, and his head laid down—he appeared to be senseless—it is quite false that he got up of his own accord—I did not notice who the policemen were that assisted him, but they are here.
Cross-examined by MR. CLARKSON. Q. Was not Bum on the stairs, and the rest beating him? A. Yes; some of his teeth were knocked out-Pike was there, and I believe he was hit or kicked in the mouth—the deceased was striking with the pewter pot at the men who were endeavouring to get in at the window, and to knock off the blows too—to strike who he could—he had repeatedly been called on by the officers to surrender himself, but not before the sword was brought—one of them sung out," Come down," before the sword was brought—the men were on the stairs, and prevented our getting to the room door—there were three of them on the stairs—Francis Carroll, the deceased's brother, stood first—I heard the cries of "Murder"—the police did not interfere till after that—the police called on Carroll to surrender, before any attempt was made to get in at the window—he did not say he would die rather than surrender—when his head was bleeding, he said he would leave off if they would let him go free—if they would not take him into custody—only one man besides the police, that I saw, attempted to get up the ladder—he had the sword in his band—he did not get up high enough for Carroll to reach him, but he could reach Carroll with the sword—I did not see Yates pick up the sword—I did not see Yates go up the ladder, and cannot say whether he took the sword up with him—he was struck at by Carroll with the pot several times before I saw him with the sword, and when the sword was on the spot.
COURT. Q. Did you see any women in the room? A. I did—I saw one at the window with Carroll—she came and sung out, "That women below murdered her husband fourteen years ago "—I did not see a woman there with any thing in her hand—I did not see any woman there at the time Davis was struck—I did not see a broom there—a long form was put out of the window.
JOHN CAYFORD (police-constable E 97.) I. was in Star-court on the 5th of April—I went by myself about five o'clock that morning, being informed by a man in Holborn that several policemen were nearly murdered there—after remaining there some time, I saw a ladder placed against Carroll's window—I saw Davis at the end of the ladder with a cutlass—the deceased looked down on him, and said, "Davis, I know you "—Davis looked up, and said, "I know you, Carroll: you surrender, and come down "—Davis was on about the second round of the ladder from the ground—Carroll said, "No, I shan't"—he had a quart pot in his hand—Davis ascended the ladder to speak to him, and as he got up near the window, Carroll reached out of the window, and struck him with a quart pot, that was before Davis had raised his arm to strike him—he had the sword in his right hand, but he had got hold of the ladder with his head, as well as the sword—as soon as Davis recovered himself, he struck at Carroll—Carroll drew from the window; then they struck at each other several times—Davis struck at him with the cutlass—the cutlass got entangled in the window—Carroll struck at him with the quart pot, and down came the ladder, Davis, cutlass and all—there was somebody in the room—I cannot say whether it was a woman—I saw nobody striking with a broom—Davis fell down, ladder and all, into the court—he was somewhat insensible, and bleeding most tremendously—two policemen took him up, and I saw him to the end of the court—they led him—I then left him—I saw no one with a sword in his hand after that, for I was placed at the end of the court to keep the people away, but I turned round and saw Carroll with a policeman's staff in his possession, singing' out, "Come on!"—he flourished the staff out of the window.
Cross-examined by MR. PHILLIPS. Q. Is that the mark of the blow which Davis has got over his forehead? A. He received a blow with the quart pot—his head was exposed—he could not get up of his own accord.
WILLIAM DACKER . I live at No. 10, Star-court, the first house on the left hand. On the morning of the 5th of April, I was alarmed by a noise, which came from No. 3—I thought they were family quarrels, and did not attend to it—I got up afterwards, and got outside—I saw the policemen springing their rattles, and running up the court for assistance—when they came back, they went into No. 4—I hallooed out that that was not where the row was—the row was silent then—they went to the door of No. 4a person made a blow, but who it was I cannot say—I said, "This is the house, here"—they went into No. 3, and a row ensued inside—I saw Davis bringing a sword down the court—he got up the ladder, and began to cut away at the deceased—he had not said any thing before he went up the ladder—I was not close enough to hear—there were too many there—I saw the ladder slip from the top, and Davis fell down—I cannot say what made the ladder slip, for when a blow was offered to be given with the sword, I turned my head aside that I should not see it given—I saw the deceased at the window, With the pot in his hand, trying to hit Davis—when he came up the ladder, I did not see him strike any body—I did not see any body push the ladder.
ANN HALEY . I live at No. 8, Star-court. I was alarmed by a row on the ground floor—I was on my bed, and heard, "Watch, watch!" called out; and then," Police!"—I got up, and opened the half of my window-shutter"—I put my head out, and asked who called out" watch "and" police"—the police came down—the policeman said he could not go in without "Murder "being called out—the daughter turned round, and told the mother to cry out" Murder"—the mother cried," Murder! "and the policeman went in—I stopped at the window about two minutes, but heard no row or quarrel, and went to bed—in ten or fifteen minutes I heard the rattles spring—I got up, and opened the window again—three policemen came down—two went into No. 4, instead of No. 3—the neighbours said that was the wrong place, not where the row was—there was a row between the son and daughter, and Mrs. White—the policemen went up stairs, and it was not long before they came down again—Daniel Carroll put out his head, and said, "Gentlemen, there is no call for you here; there is no row or murder here"—I did not notice a man bleeding at the mouth—I heard that one of them had dropped his staff—one policeman stood on the window-shutter, and began breaking the panes of glass with his staff; and pushed the staff in twice, and Carroll shot it out against him—by and by, a ladder was brought down—one of them went up, and began to break the windows, as far as he could reach them—they then began to heave the staves into the room—I shut my window, and went up to the first floor—I stood right opposite Carroll, and saw the policeman striking with his staff—I called out, "Carroll, keep in; Carroll, keep in"—the ladder came down, and it was broken—it slipped—the flags were wet, and so it slipped down with the policeman, and his face came on the edge of the stone, and his face was" cut about the cheek—I saw him bleeding—he clapped his hand up, and said that it was with the quart pot he was cut, but it was as he fell with the ladder—I saw nothing more than the blood on the cheek—he was not lying on the ground when he said this—it was after getting up—he got up himself, and walked off by himself—I saw nobody lift him up—I saw him get up himself—he did not lay on the
ground half a minute—he slipped, and jumped up; and fell back to the left, with his hand on his face—I am sure I saw him jump up—then two more ladders came down, and they were put one on each side the window—Davis came up the ladder, and put the sword up—this was after the first ladder fell.
Q, Then it was not Davis who was cut? A. I cannot say, for I do not know one from the other—I cannot say whether the same person I saw fall down with the cut afterwards went up the ladder—he pulled out the sword—I did not see the sword till I saw it in Davis's hand—Davis came down, for the flags were wet—I did not see whether he was hurt or not—I saw him give a cut at the man—I was there about a minute, and saw him cutting the first blow—I saw Davis come down after he was cutting the man—he fell down on the flags—I cannot tell whether be hurt himself—I did not see him getting up, because I turned from the window—I do not know whether he got up by himself, for I saw him fall, and I laughed; but before he fell, he cut the deceased on the fingers, and then by the side of the head, and I saw the blood come from the man—I turned round, and called, "Murder, murder! the man is killed"—I turned sway for a minute; and when I turned again, Yates was on the ladder, making a blow at Carroll, with the piece of the sword in his hand.
Cross-examined by MR. PHILLIPS. Q. What was Carroll doing with the quart pot? A. He held it in his hand, and held his hand across his forehead—I never saw him give one blow—I was looking on—I was opposite him—the did not hit any of them in my presence—I think it was the wet on the flags which made the ladder slip—nobody touched it—Carroll did not put his hand to it—Davis fell, and so did a policeman before him—I did not see Davis afterwards that night—his head was not done up in a handkerchief that night—I did not see Carroll strike Davis on the head—I saw a man with a broom handle in his hand in the court—I never saw a broom at the window—one of the policemen was holding the ladder at the bottom, and when Carroll put out his head the policemen gave him a chuck with the ladder under the jaw—I cannot tell who was on the ladder at that time—it knocked Carroll back.
RICHARD SECKER . I am a lamplighter to the Chartered Gas Company. I saw Carroll at the window with a quart pot in his hand, striking the policemen who came to the window—I saw him strike several of them—I saw Davis on the ladder—I saw the deceased turn the ladder when Davis and another or two were on it—when Davis fell down his head was bleeding over the eye—I did not see him when he fell down; there were so many round him—I saw him picked up by the Serjeant—he was obliged to be led away—I saw one policeman come out of the house with four teeth in his hand and his mouth bleeding—several of them were bleeding—his teeth bad been kicked out, and his mouth was full of blood—the prisoner Yates bad his mouth full of blood and his finger cut, for I bound the finger up for him, and while I was binding it, he was called to ascend the ladder—I remember Davis coming with the cutlass—it was after that, I saw him tumble down—I saw a man in plain clothes—he picked up the cutlass after Davis had fallen, and went up the ladder and waved it about at the deceased, but he teemed to know how to use it, for he only defended himself—the serjeant sent Yates up the ladder to get him down—the deceased flourished the pot about, and had not the man flinched he would have, received the pot on his head—the man in plain clothes then came down—I
looked up again and saw Yates had half the cutlass in his hand—he was persuading the deceased to surrender.
COURT. Q. Were you there from the beginning of the row?A. From the time the rattle sprung—Davis was springing his rattle when I went up to him—he said he had lost his hat and staff, and had a prisoner rescued, and he wanted assistance.
Davis's Defence. On the 5th of April, about half-past four, I was called to the assistance of my brother-officers, in Star-court—I went and entered into the room where Carroll was—I had ho sooner entered, but my hat was knocked off, and I received a blow with a poker, or something, across the head; and in taking my staff from my pocket, Lawrence Ryan wrested the staff out of my hand, and I was struck with it—we left the room and got more assistance—we took one of the prisoners to the station-house—I stated the case to the inspector, and we were ordered to bring all the men to the station-house—we went back again, and what has been stated happened—there were blows on both sides—I was struck by the deceased with a quart pot on the temple, and thrown from the ladder—I was picked up and taken away from the spot—I hope you will take it into consideration, considering the time I have been confined.
Yates's Defence. I was called upon with the rest of my brother-officers—I heard a man say, "Come on you b—, I will kill you if there was forty of you"—I went up stairs and received a violent kick in my mouth, which knocked in my teeth—he kicked me again, and I remained insensible for some time—every body that came up the staircase he served the same—it is a very narrow staircase, only one could go up at a time, and I was not aware the man was there at the time—I begged of him to come down—when I recovered my staff was gone, and my cape, and this finger was stripped right down to the bone, and my hand almost broken—it was suspended in a sling for some time—the serjeant came up, and the man was standing on the stairs calling on us all to come on—he watched an opportunity, and shoved himself right up and got past the man—I crept down between the Serjeant's legs, and saw the man striking—he cut serjeant Reeves first on the shoulder—I thrust myself into the room, caught hold of the man by the leg, and dragged him down stairs—we took him to the station-house, and I did not return to the spot any more.
JOHN LAWRENCE . I am a police-serjeant, I went into the court about a quarter before five, on the morning in question—I saw Davis springing his rattle at the end of the street where the court is—I met a man who had been in the court, and from what he said, I went—Ryan came to me and presented Davis's staff—I saw Burn kicked in the mouth, which was running in a gore of blood—Ryan brought me the staff—I sent Davis with him to the station-house and soon after he returned, I saw Pike, Irwin, and Yates, policemen, all bleeding—four policemen were wounded—after that I saw Davis on the ladder with a cutlass, and Carroll at the window, striking at Dans with a quart pot—Davis was striking at him with the sword—I saw Carroll strike Davis on the head with the quart pot, in the temple, where he is now marked, and then turn the ladder over—the edge of the quart pot hit him, at the bottom—Davis was nearly fainting—he said, "Water, "he could not say," I want water"—he was brought to me by two policemen and a civilian—Wintle and Vickery were the men who brought him to me.
COURT. Q. Is a cutlass allowed in your division? A. I never knew it
authorized—as soon as I saw him with it, I told him to come down—I meant him not to use it—I had not authorized the use of it—there were three or four persons present at the spot at the time I ordered him down—I do not believe either of the Serjeants had authorized the use of the cutlass—I did not see Yates using it; for when I took Davis away, and returned, the prisoners were all captured.
JURY. Q. Does the cutlass belong to the station-house? A. I am not aware that there is one belonging to the station-house—I never knew one to be there.
JAKES VICKERY . On the morning of the 5th of April, I heard rattles spring in the neighbourhood of Star-court—on getting there, I saw Davis and Pike—Burn was there, bleeding from the mouth—he gave me an account of what had happened—he was without his hat, cape, and staff—I made an attempt to go up the stairs of the house, but was struck three times on my hat, with a poker, by Francis Carroll—my hat was cut in three places—I received a blow on my left elbow, which prevented me from using it—I could not lift my hand to my head that night, when I came on duty—Burn went up stairs after me, and I saw Carroll's brother kick him in the mouth—the Serjeant came in, and turned the lantern on, and by the light of that, I saw the kick given—Burn came to the door, and had his three teeth knocked out—he appeared injured about the head and shoulder—the serjeant sent me to the station-house with him—I assisted him part of the way—he was bleeding all the way—after that, I returned with a ladder—Davis borrowed my staff of me, and went up the ladder to capture the prisoner, and to get his hat, staff, and cape—he had received an injury Wore he went up, for I saw his face bleedings Carroll, the deceased, was in the room at the time, and he advanced towards the window, with a quart pot in his hand, to strike at Davis—he struck at Davis before Davis had done any thing to him, before he could reach the window—Davis had my staff in his hand then—he used the staff when he was struck at by Carroll, in his own defence—the deceased took the staff from him—Davis came down, and shortly after, I saw him ascend the ladder again, with a cutlass in his hand—he desired Carroll to give himself up—Carroll said he would not—if he gave himself up, it should be for something—he would have the life of somebody, before he surrendered—Davis had not at that time used or offered to use the sword—the deceased took the quart pot, and struck him over the eye a very severe blow—he got three or four blows from the pot—the deceased then turned the ladder, and threw Davis off it—I consider that Davis used the sword to keep off the blows of the pot—Carroll turned the ladder over and threw Davis down—I assisted in picking him up—he was very much hurt indeed, and was not able to help himself—two officers took him out of my hands, and led him to the top of the court—I am quite sure, before Davis used the sword in any way, that he had received several blows from the quart pot from Carroll.
COURT. Q. You say Carroll turned the ladder over; did he do it with one and or two? A. With one hand—he had the quart pot in the other—there were no policemen at the bottom, steadying the ladder, at that time—they were going up stairs to endeavour to take the brother—Davis was bleeding and coming down the ladder at the time Carroll turned it over—Yates went up the ladder two or three times, and requested Carroll to surrender—he asked why, and said he had done nothing—Yates said. "You have assaulted my brother-officers, and me as well, and have got the hat, staff, and cape in your room—give them out"—the deceased threw out the staff, but
not the hat—Yates went up, and asked him to surrender—he said he would not, and he struck Yates across the head with the quart pot, and over the shoulder repeatedly—I did not see Yates give him any blows at that time—Yates could not touch him—he was leaning back to get from the blowsI saw Yates give him a blow on the knee—that was done to defend himself from the quart pot.
THOMAS BURN . I am a policeman. I was called to the court on the morning in question—I saw Davis without his cape, staff, or hat—in consequence of what he said to me, I went to the door of the house where I expected there was a mob—I was first struck with a staff on the head, from a person I could not see—I turned my light on, and the lantern was kicked out of my hand—I was struck on the head—I received several blows, and was stabbed with something in the hand—here is the mark—I seized the person who struck me by the leg, and held him about three minutes—it was Carroll's brother—Carroll came to his assistance—they both beat me till I was obliged to let go—I came out and got a light, and went again, to be certain who the person was, and on turning the light in his face he kicked me in my mouth, and knocked three of my teeth out, and broke another—I then went to the station-house for more assistance—when I came back, I saw a man in plain clothes on the ladder, with the sword in his hand, fighting with the deceases—I saw him make a stab at him—Yates came up, and said, "What business have you here; you are no constable?" and took the sword out of his hand.
COUET. Q. You did not see Davis use the sword? A. No.
JOHN PIKE . I am a policeman. I was called by Davis and Lake to Star-court—I went up stairs, and got into the room—they were fighting and screaming "Murder"—there were seven or eight in the room—we interfered to prevent their fighting, and quieted them—as I was coming down stain they used Davis violently, by striking him with a poker or quart pot—I cannot say which, for the light was put out—he was in the rear of us—he offered no violence to Carroll or his party at the time—not the least—Davislost his hat, staff, and cape—we were beaten down stairs, and sprang our rattles for assistance—I afterwards attempted to go up stairs, and the deceased's brother kicked me violently in the mouth, and stunned me—he was concealed in the stairs, and he has been imprisoned four months for it—the kick spilt my lip right in two—I went to a place to wash myself, and when I came out, I saw a ladder at the window, and some policemen on it, and the deceased striking them with a quart pot—but who the policemen were I could not see.
HENRY LAKE re-examined. I beard Carroll call to somebody behind him in the room, "Give me the kettle of boiling water"—I called out, "Look out, he is calling for boiling-water"—somebody said, "There is no boiling-water here—he is only frightening you."
THOMAS PAREY (police-serjeant E 1.) About a quarter to six o'clock I went to the court, by the direction of the Inspector—I met Davis with his head bound up, and bleeding, and his hand was bound up—when I got to the court I saw Carroll in the window, and a woman called out, "Policeman, come back, he has got some boiling water to throw on you"—I saw Carroll standing at the window with a vessel in his hand—I did not particularly observe what vessel it was—I went into the house—the deceased's brother was on the landing—I collared him with my left arm, and he beat me so as to cut a piece off" my great coat—I called in assistance—I saw the deceased come down in Allen's custody, and as we went together
to the station-house, he said, "There was only three or four good-fellow of you;" and he said he could beat fifty policemen; and after he got to the station-house, he made the same observation.
DAVIS— GUILTY . Aged 27.
YATES— GUILTY .—Aged 25.
(The Jury found that the death of the deceased was accelerated by the imputation, and recommended the prisoners to mercy on account of the great provocation they had received.)— Judgment respited.
Fourth Jury, before Mr. Recorder.
ELISABETH MART GOFF . The prisoner is my mother—I am sixteen yean old next April, and am sister of the child who died—it was five weeks old, I believe—it had not been christened—it died this month—my mother had nursed it until the last week, and then it was taken from her by Mrs. Chapman—I had observed a mark on the cheek of the child on the Friday; it died on the next Thursday—my mother seemed fond of it.
ELLEN CHAPMAN . I am the wife of Thomas Chapman, a sawyer, and live in Well's-yard, Goodman's-fields. I was nurse to the child—it was twenty-six days old—it was the son of John Goff and the prisoner—I was present at the birth—it was a very small child—I did not know the prisoner before the child was born—I suckled the child the fortnight I was with her, which was the first fortnight—I gave it the breast two or three times a day—the mother suckled it as well, and it had arrow-root and milk—she appeared unable to give it sufficient nourishment; as she had fits, I understand—I never saw her in but one—I took the child from her after it was ill used, but it would not take the breast—I saw her stand at the window on the Thursday afternoon, and strike the child a violent blow with her open hand—but I could not see what part of the child the blow went on—I never saw her strike it afterwards—when I went to see the child, its mouth was bleeding—its upper lip bruised—the eye turning black, and the cheek Swollen—I am positive she struck the child as hard as she could with the open hand—I was on the ground-floor in the court, and she was at the first-floor window—I asked her if it was the child she had struck—she said, "Yes," and she had struck it before—I never found her otherwise than in her right mind—the child died eight days after—it took no nourishment in the mean time, but the breast, which I used to milk down its throat—it never would suck afterwards—it could not suck—I went over to her three or four hours after I saw the blow struck—her daughter sent for me—I saw no mark on the child's face when it was dead—I showed it to Mr. Liddle, a surgeon, on the Friday as I had it on the Thursday night—there were marks of violence on the mouth and eye then—the daughter applied to me to take it, and I took it and kept it two days and two nights—I told the prisoner I would not let her have it again till I saw her husband, and I did not see him till the following morning, and he told me to take care of his baby—she appeared to treat it kindly before I saw the blow struck—I said to her, "You brute, what did you strike your baby for like this?"—she said, "Do you not like it"—I said no, and took the baby away.
Prisoner. Q. Had I not been in a fit just before you saw me strike it? A I cannot tell, because I was not in the room—she was subject to fits, and once when she had one, she would have killed her baby in the
bed, if her daughter had not taken it out—she does not know she has had a fit when she recovers—she conducts herself violently in fits—I was frightened to go near her when she had one, for she was very violent.
JOHN LIDDLE . I am a surgeon, and live in White-lion-street, Goodman's-fields. I examined the person of the child after death, on the following day, by the desire of the constable—I saw it at the father's house—I do not know whether the prisoner was in the room at the time—I saw the child in its life-time, in a very emaciated state—the first question I asked was, whether it was a nine-months child; for I thought it was a premature birth—I was informed that it was a child of nine months—I was struck with its squalid appearance, and consider it must have been totally neglected from its birth, or was labouring under disease—there was one or two small bruises on the face or cheek—I do not think they could be the immediate cause of death—my opinion is, they could not hare caused its death—I think a child receiving a blow on the face, to cause bruises, would be shook at the time—I cannot say whether that shaking might have caused a rupture of blood-vessels in the head, but the bruises could not have caused death—in my judgment, the cause of death was a blow given on the head, from some cause or other—whether it had fallen down I cannot say—I examined it under the apprehension that it had not died from violent means, and did not take another surgeon with me; but when I made an incision over the scalp, I found a considerable quantity of extravasated blood, and got another surgeon to assist me; and, on further examination, I considered a blow must have been given on the head, to produce the extravasation—a blow with the flat hand would be sufficient in so young a child—there was a considerable quantity of extnavasated blood on the brain and under the scalp, on the bone of the cranium, as well as within the bone—there was no fracture of the skull—a fracture seldom happens where the skull is so tender; it would rather yield to the blow—I saw one mark on the upper part of the bone of the cranium, which, in my judgment, was produced by violence—the prisoner was in the room when I went to examine the body, but I requested the might leave the room.
Q. Does it not often appear that a blow on the right side of the skull causes a fracture on the left? A. That arises from its coming in contact with some substance—a slap on the head with an open hand would came the appearances I saw—my opinion is, that the child could not have survived seven or eight days after so much violence; but that is merely my opinion—it would not take eight days for an infant to die from such a blow—when I first saw it, it was labouring under concussion of the brain—that was three days before its death—I saw the mark on the cheek then—the immediate cause of death must have been much more recent than eight days.
HENRY REYNOLDS . I am a surgeon. I was present at the post-mortem examination—the appearances on the brain, in my judgment, were the cause of death—it is almost impossible to say when it was inflicted—the quantity of extravasated blood might be more or less—a certain quantity might have been poured out at the time of the accident, and the vessel become plugged up, and afterwards poured out again—I imagine it to have been a recent injury—it might have been as much as a week before, in my opinion
—I formed my opinion from a case which came before me three months previous, where a child fell from the nurse's arms on the ground; precisely the same appearances were found, and the child lived a month—it epends on a variety of circumstances when death follows—in that instance, there was a large quantity of blood external of the cranium—it is not impossible that a vessel might have been raptured, and continued bleeding at tervals within the brain.
JOHN PAGLESON . I am a constable. On the day the child died, I called on the prisoner, and found the child on the drawers in her room—I asked her how it came by its death—she immediately pulled the napkin off the baby, and said, "There it is"—I said, "How came it by its death? "—she said, "I did it"—I said, "You did what?"—she said, I smacked the child's face"—I asked her why she smacked the child's face—she made no answer, but began to fret—she appeared overcome with grief, and in a rery melancholy way indeed.
NOT GUILTY .
1522. HENRY OVERALL and JAMES GLASS were indicted for feloniously and burglariously breaking and entering the dwelling-house of Edward Wentworth, about the hour of ten in the night of the 23rd of May, it St. Matthew, Bethnal-green, with latent to steal, and stealing therein 37 hearth-rugs, value 30l.; and 6 keys, value 2s.; the goods of the said Edward Wentworth: and CATHERINE BURRELL and ANN CLARK for feloniously receiving the said goods, well knowing them to have been stolen, as aforesaid.—2nd COUNT, for receiving of a certain evil-disposed person.
WILLIAM ROWLAND (police-constable H 120.) In consequence of information, I went to No. 20, Rose-lane, Spitalfields, on Sunday, the 24th of May, to the back room on the first floor, in company with Arnold—I found the door locked—I pushed it, and found the four prisoners playing at cards, and a quantity of hearth-rugs piled up to the top of the bedstead—I asked if they knew any thing of those hearth-rugs—they said they knew nothing about them—they appeared quite alarmed—I looked over the rugs, and found some keys on them, between the rugs and the chain—I inquired if they knew any thing of the keys—they said they knew nothing about it—the rugs were piled on the top of the bedstead, and the keys between them—there was nobody there besides the prisoners.
Cross-examined by Mr. PAYNE. Q. You said they appeared alarmed? A. Yes; when I went into the room, they all jumped up, and I saw their countenances change—I had my police dress on—I went up stairs quietly, and opened the door suddenly—I gave them no notice of my coming.
JAMES HARNDEN (police-constable H 28.) I accompanied Rowland to the room, and assisted in taking the prisoners to the station-house—it was a large room—Rowland asked the questions at to their being in their possession—I did not discern one voice in particular—they appeared to be unanimous that none of them knew any thing about it.
ELIZABETH NEVILLE . I am the wife of Thomas Neville, and live at No. 20, Rose-lane, Spitalfields—he is a bedstead-maker. Overall and Burrell came to the house, and took the room, in which the prisoners were all afterwards apprehended—they took it of me eight or nine days before—about half-past twelve, or a quarter before one o'clock, on the night they were apprehended, a truck drew up to the door—I thought it had come to the bedstead-maker's opposite, till a voice in the passage said, "Harry Jones, why
the b—h—, don't you take care of your work, and not leave it with me till this late hour?'—footsteps came down, and he said, "Take'it up stairs,—mistress what is o'clock?"—I said past twelve—he said, "Take it up stairs, and I will go and drive the b—truck home"—I saw nobody, and cannot say how many footsteps I heard—I heard some in the passage—I heard something thrown down—I understood it was wood—I heard something taken up stairs into the one pair back room—I heard something shot in the passage, but I did not see it—it appeared very heavy—it was done all at once, in one shoot—the steps appeared to come from the one pair back room, and that door shut—I could hear what was taken up went into that room—as I sat in my front kitchen, it sounded to me so—it could not go into any other room—between six and seven that evening, a young man came to my house, and inquired for Jones—I said I did not know whether such a person lived in the room, as I did not know their names—I sent a young woman to make inquiry if a person was there of the name of Jones—I heard a man's voice answer to the name of Jones, out of the one pair back room—I heard him say, "Halloo, it is all right"—I cannot say whose voice it was—the person who inquired for Jones went up into Ovanll's room, I suppose, but 1 did not see him—I know he went up stairs.
Cross-examined by MR. PAYNE. Q. Where is your kitchen? A. It is a lower front kitchen in front of the street—I let no other furnished room but the one-pair back room—I heard the man speak from the one pair back, while 1 was in the kitchen—I cannot tell how many persons there were in the house that night, because I take in lodgers every night—there were three or four in the front room, and three up stain in the top front room—it might be one of those who made the answer—I do not know who came down when the things were brought in the truck—the person answered to the name of Jones.
SARAH BELBIN . I am the wife of Michael Belbin, a pensioner at Chelsea Hospital. I live in Neville's house—I was left in care of the kitchen, while Neville and his wife went out to market, just upon tea o'clock that night, and while I was there, I saw the two female prisoners go out with a bundle just as the clock struck ten—it seemed a long bundle—they went out three times—the last time was at half-past eleven—I went up stairs the last time, while they were absent, to see that nothing was taken out—I found the door padlocked and a candle in the room—I could see the light through the top of the door.
EDWARD CORDER . I am an upholsterer, and live at No. 20, Rose-lane in the next room to the prisoners Overall and Burrell, in the front room first floor. On Saturday night at half-past twelve, or a little before one o'clock, a truck came to the door—I was up in my room at the time—the prisoner Glass brought the truck to the door—I saw him myself bring it, and stop with it—he called out to Jones, (which is Overall,)" Henry Jones, why the b—h—don't you come down and look to your work? and I will take the truck home; "upon that Overall and the two female prisoners went down to assist the goods up—they were thrown into the passage—I saw all three go out of the room, and go down stairs—they brought the goods up into the back room which Overall and Burrell occupied, and then Glass took home the truck—he returned in about twenty minutes, and they all went up into the room and closed the door.
Cross-examined by MR. PAYNE. Q. What are you? A. A journey man upholsterer. I have lodged in the house ten months—I was up in
my room on the first floor, with the window open, looking out, when Glass brought the truck—I continued looking out at intervals, till it was gone—I then went to my room door, and saw the prisoners coming up stairs with the things—the house was not shut up—there was a light in the window directly opposite—there was a light in the prisoner's room, and in the window below, so that I could see—they brought up carpeting or rugs—I could not tell which—I suspected something was not right at the moment—I thought such a quantity of goods could not belong to one working man—I did not see the two women and the man in the street—I have not sworn that they came to the truck, to my knowledge—I have worked for master about ten months, off and on, when work calls me—I was in employ at the time this happened, and had been so for seven or eight months, with Childs and Bywater.
Cross-examined by MR. DOANE. Q. At what time did you leave work that night? A. I was out and in all the evening—I suppose I left work between six and seven—I went out in the evening and came in at eleven—nobody was with me—I am quite positive of Glass—he might be at the door ten minutes or a quarter of an hour with the truck.
RORERT LAWSON . I am clerk to Edward Wentworth, who is a floorcloth manufacturer, and lives in Whitechapel-road—he occupies the whole house there; part of it stands in Whitechapel parish and part in Bethnal-green—the rugs were kept in that part of it which is in St. Matthew, Bethnalgreen—I missed some rugs on Monday morning, about nine o'clock—the keys were missing—they must have got into the house to get the keys, as I saw them safe the last thing on Saturday night, about nine o'clock—three doors were found open—they were not broken—they had been unbolted—I had left them bolted—I do not sleep in the house, Mr. Wentworth does—the outer gate was open, and two large sliding doors, which lead into the inner warehouse, were slid back—I examined the doors on the Saturday night; they then all appeared fast—I went to the premises at half-past seven on Monday morning—the prosecutor did not know the premises had been entered till he found it out with me; the premises are so extensive—there are various ways in which they might be entered without breaking any doors, hut they must be opened—Overall had been in Mr. Wentworth's employ about twelve months, and quitted, without any notice, on the 18th—I have since seen twenty-seven hearth rugs—we missed thirty-nine—I saw a quantity of rugs safe a few minutes before I left on Saturday night.
HENRY LIEBRECHT . I am shopman to Attenborough and Burgess, pawnbrokers, in Shoreditch. I produce a hearth-rug, pawned on Saturday the 23rd of May, between ten and eleven o'clock at night (to the best of my recollection) for 5s.—to the best of my belief, the prisoner Burrell pawned it—I am not positive—I have a little recollection of seeing her that night—I have not seen the duplicate I gave the person.
Cross-examined. Q. Had you seen her before? A. Not to my recollection—we were very busy—to the best of my belief she is the woman.
Cross-examined by MR. PAYNE. Q. Have you any mark on them? A. Yes, my own mark—it is impossible for me to say whether they were all safe on Saturday—I missed from twenty to thirty—that was my first guess—I missed thirty-nine on the Monday morning.
Cross-examined by MR. DOANE. Q. Do you ever take the mark off, or erase them? A. Never; it is a number and the measure in ink—if the rugs were sold, they would have the number on them—I am positive these have not been sold, because I saw them safe on Saturday night-here is one rug which I saw safe on Saturday night—it was rolled up—I had shown It on Saturday to a customer—it laid with others—I only showed one of this pattern—I am the only person employed to sell goods—Mr. Wentworrh sells in my absence—I will swear he has not sold one of this pattern—: he has not sold this rug, for we never had another of this pattern—all the rugs pass through my hands.
COURT. Q. Did your master ever sell rugs to Overall? A. Never; I have the stock-book here, and if these had been sold, the numbers would have been marked off as sold, which has not been done—the premises are about a mile from where the property was found.
Glass's Defence. I had nowhere to go on Saturday night, and about one o'clock I went and asked Overall to give me a lodging—he said, "Yes," and we all went up to bed without a candle, and laid on the bed tiff daylight.
(The prisoner, Clarke, put in a written defence, stating, that she had not been in the house till one o'clock in the morning, when she went with the prisoner Burrell.)
ELIZABETH NEVILLE re-examined. I cannot say whether Overall was at home between six and seven o'clock, as I did not go into his room; but I am sure it was a man's voice that answered, It is all right."
(George Moore, loom-broker, of Hare-street, Bethnal-green; John Watson, weaver, of Hare-street, Bethnal-green, deposed to the good character of Overall: William Devoe, weaver, Castle-street, Shoreditch; Robert Kennister, weaver, Cross-street, Bethnal-green; Joseph Jacobs, grocer, Hope-street, Hackney-road; Abraham Keymey, publican; John Robert, builder, Red-lion-street; and Benjamin Hardiman, weaver, Bethnal-green, to that of the prisoner Burrell:—Franklyn, Skinner-street; John Conder, Nelson-street, Shoreditch; John Paul, Mount-street, Bethnal-green, to that of the prisoner Clark.)
OVERALL— GUILTY ,
GLASS— GUILTY ,.
of stealing in a dwelling-house, but not of breakdwelling and entering— Transported for Life.
CLARKE— GUILTY . Confined Six Months.
NEW COURT.—Monday, June 22nd, 1835.
Fifth Jury, before Mr. Sergeant Arabin.
1523. CHARLES GIBSON was indicted for stealing, on the 44th of June, 20lbs. weight of coal, value 3d.; 8oz. weight of soap, value 2d.; and 3 candles, value 3d.; the goods of Sir Gilbert Heathcote, Bart.
DAVID COOPER (police-serjeant S 19.) On the 14th of June, about five o'clock in the morning, I met the prisoner in Bentinck-street, half a mile from Langham-place—he was carrying this bundle—I asked what he had there—he said, "What is that to you? I wish you would mind your own business"—I said, "I shall take you to the station-house"—he said, "Let
me go; it is all right"—I found this coal, soap, and candles in the bundle—he said they came from a gentleman's house in Langham-place, and than that they came from Sir Gilbert Heathcote's-before I got to the station-house, he became very obstreperous and wished to get away, and! I was forced to call in the aid of another police-constable.
Cross-examined by MR. PRENDERGAST. Q. You found his account quite correct? A. Yes; and I find he has a family of three children.
COURT. Q Which way was he going? A. Towards his own home, down Bentinck-street.
MARY GRIFFITHS . I am upper-housemaid to Sir Gilbert Heathcote—his house is in Langham-place—the family are out of town—I and another maid were in care of the house, and the prisoner, slept there by order of Mr. Robins, the auctioneer, his master, to take care of the house—he slept in the under-butlers pantry—he had slept there about two years—he has a key of the area gate, to let him in at night; has he cannot go any farther than the lower door—he slept there on Saturday night, the 13th—the soap and candles are kept in the still-room drawer, which is unlocked, near the coals—I do not know whether the soap is my masters—my master had pieces of coal like these—I never gave him any of these things—I had so much under my care, that I could not miss so small a quantity—we have soap of that colour and quality—the candles—I have are six to the pound.
Cross-examined Q. Is there any thing particular in the size and co-lour of the candles? A. No—I have no reason to believe the soap is my maters nor any thing else—he was always a steady, honest industrious man.
NOT GUILTY .
WILLIAM RICHARDSON . I am a willow-square manufacturer, and live in Leonard-street, Shoreditch—I have known the prisoner nine months—he has been my errand-boy—I had reason to suspect, him, by finding my till unlocked one Monday, and on Tuesday last, the 16th of June, about eleven o'clock at night, my wife marked twenty-eight penny pieces, fourteen on each side—I saw them marked—I took them from her, and put them into the till—I locked the till, and put the key in my pocket—the prisoner did not sleep in the house—he was gone, home them—he came as six o'clock the next morning—the till was in the shop—I missed my money about seven o'clock—when he had been there about an hour—he had been in the shop alone—I found, the till open, and missed the eleven pence—I said nothing about it, but told him to light the fire, which he went about—I then got a policeman, who searched him in my presence, and found the eleven pence which I had lest, and which were marked—there were four pence more found on him, which were not mine—I did not find any key that would open the till.
(The prisoner received a good character, and a witness promised to employ him.)
GUILTY . Aged 13.—Recommended to mercy. Judgment Respited.
LOUISA SIMS . I am the daughter of John Sims, a stove-builder, who lives in Earl-street, Lisson-grove—the prisoner lodged there about two months, with another young woman—I missed a blanket, and accused the prisoner of stealing it—she said she had not taken it—it was afterwards found at the pawnbroker's—the prisoner staid till the Thursday, and then left without notice—this is the blanket.
WALTER NEWSTEAD . I am in the employ of a pawnbroker—I cannot say whether I took in this blanket, but I wrote the duplicate for it on the 28th of May—I am almost certain it was pawned by the prisoner.
GUILTY . Aged 18.
Prisoner. It was her sister's shawl, and was lent me three days before.
GUILTY . Aged 18.— Transported For Seven Years.
1527. RICHARD MILLS was indicted for stealing, on the 7th of June, one metal cock, value 2s. 6d., and 1 foot of leaden pipe, value 1s. 9d., the goods of James Mansfield and another, and fixed in a certain building.
NATHANIEL NICHOLLS (police-constable 135 G.) I heard the cry of "Stop thief," in Baker-street, and saw the prisoner running with this cock and pipe in his left-hand—I took him with it—he was, perhaps, a hundred and fifty yards from Cole—I saw the person pursuing him, who had possession of the premises—I'went and compared it with the pipe at the house in Lloyd-square; it fitted exactly.
CHARLES COLE . My father has care of this empty house—it belongs to James Mansfield—we were there on the 1st of June, and some time before, we slept there—I know this cock and leaden pipe, it was fixed in the kitchen for the water to run into a well—I saw it safe on the 6th of June, in the evening—my father missed it the next morning, and found the prisoner at the station-house—my father got up that morning about half-past six, I believe.
Cross-examined by MR. DOANE. Q. You saw this safe the evening before? A. Yes; at half-past seven; there was nothing to inform us how any body got into the house, so that I cannot tell whether any body had got in between seven and nine that night, and cut it off—Mr. Mansfield is a carpenter; there are four brothers, but I do not know whether they are all partners—I take care of the house for Mr. James Mansfield—" Mansfield and Sons," is over the door.
Prisoner's Defence. I picked up this close against the square.
NOT GUILTY .
ELEANOR DOWNEY . I am a widow. My husband was pig-jobber—I live at Stratford. On the 8th of June I was in company with three more persons, at the Two Bells, Whitechapel, between seven and eight in the evening—I had a parcel containing this property—it was made a present time—I had undone them, and measured the print—the calico was wrapped round the print, and the shawl was in the print—the prisoner same to the table after I was sitting there—he was quite a stranger to me—he had several halfpenny worths of cels—my parcel was by my side on the seat—I put my hand down and missed it—I sent for the policeman, and said there was no one near me but the prisoner—I said I would not wish to have any thing to do with it, if he gave it me back—he denied it—I do not know myself that he had left the tap-room, and gone into the yard.
MARY ANN COLLINS . My husband works at Wapping. I was with Downey—she had a parcel, which she put at her left-hand side on the seat—the prisoner came to the table where we were sitting—he had several half-penny worths of ells—she complained that she had lost the parcel—I said, "You cannot have lost them; perhaps they have dropped under the seat"—she said, "No they have not, and nobody had been near but that young man"—I said to the prisoner, "Sir, if you have taken the things you had better give them up; she is but a poor woman, she has had them made a present of to her to-day"—he got up, opened his coat; and the shawl dropped out—we had been in the public-house, as near as I can say, three quarters of an hour—we had a pot of half-and-half—I did not take notice whether the prisoner had got up and gone away.
Prisoner. Q. In what part of the seat did the shawl fall? A. I cannot say—I was quite sober—we had nothing to drink but a quart of half-and-half—there were four of us—I did not state that I went out to ask my father-in-law do drink, and while I was gone, this bundle was missing.
JOSEPH PARKER . I sell things in the street, I was at the public-house, and saw these persons—the prisoner had four half-penny worths of eels for himself, and then he told me to give the females one—during that time he was out about three minutes—he then returned, and took the same seat, the prosecutor then put her hand down, and said, "I have lost my parcel".
Prisoner. Q. Did you see any thing in my hand, when I went out of the room? No; nor when you came in—the shawl was picked up, but where it fell from I cannot tell.
JAMES EDWARDS . I am waiter at the public-house. I did not observe the prisoner to out—I heard the prosecutrix complain that she had been robbed—I saw a young man go for the policeman; but I did not pay much attention to it—I went into the yard after the policeman, and found a piece of print, with a piece of calico round it, behind an old cellar flap.
(Property produced and sworn to.)
Prisoners Defence. I am a paper-stainer by trade, and have been working the last three months at Leeds—that room was frequented by prostitutes and men of the lowest character—there were from twenty-five to thirty person there—I never was out of the room till I was taken.
GUILTY . Aged 29.— Transported Seven Years.
MR. PAYNE conducted the Prosecution.
JOHN MITCHELL ROSE . I have one partner, we are flute manufacturers, and live in the Piazza, Covent-garden. The prisoners were in oar employ; John for thirteen years, and George is our apprentice—he has been nearly seven years with us—there is a bed-room at our bouse, in which both the prisoners sleep occasionally, but George more frequently—in consequence of some information, I desired a search to be made, and eight flats joints were found in a box, in the bed-room, which George said was his box—these are the joints—they are all ours, with the exception of one, which I have my doubts about—there were four pieces of ivory found in the same bed-room, in a hat box: but I believe neither of them owned the box.
Cross-examined by Mr. DOANE. Q. How often did George sleep there? A. Six nights out of seven—John slept there on Tuesday nights—these joints are mounted with German silver, but that does not belong to us—our mountings are silver, but the joints I can swear to—they are Made of cocoa-nut shell—we sell a great many flutes—other makers use cocoa wood—here is the letter I on them, which is the initial of the person who turned them—it is usual for persons who work in our trade, to work over-hours, and to fake their work to their rooms—I had no quarrel with either of these men—I never beard that either of them were going to set up in business—one of them took a house, and referred the landlord to me—I understood it to be taken as his dwelling-house—his father was to live with him, and he was to let part of it.
COURT. Q. They took the work to their own rooms? A. Yes; that appiles to William Camp, but not to either of these prisoners—he is their brother, but he does not live in our house.
THOMAS SOPER (police-constable T 52.) I was present with Mr. Rose, on the 17th June, when the search was made, and these joints were found in a box, which George stated was his—he said, on going to the station-house, that they were not his master's property.
Cross-examined. Q. How can you swear to that? A. It has my own mark on it—I put the same mark on all the joints I turn—I have turned some hundreds—this one is not my master's—this one is.
Witness for Defence. GEORGE TRENCH. I live at No. 24, Prince'e-street, Drury-lane, and am a flute-maker. Four of these joints are mine—I have the middle joint to match—I gave them to John Camp to tip with German silver last Friday week—he was in the habit of doing jobs for me—he put the mounting on these four pieces which are mounted.
MR. PAYNE. Q. What part of the line are you in? A. In the rough work—I have supplied the prosecutor with some in a rough state—I get joints finished to sell—I sell them myself sometimes—I do not keep a shop—I have sold some to Wainwright, a flute-maker, in John-street, Smithfield—I have employed George Camp to work for me—I knew he was in the prosecutor's employ, but he had a poor father and mother to support—I have employed him at various times, but never in his master's time—I did not know that he was not allowed to work for other people—I swear to these, by a mark on the wood—I have not seen them since they
had the German silver on them, but I know them by the German silver;—I gave them the German silver to do it with—I heard Mr. Rose say, that these pieces were all his but one—but 1 swear that four of them are mine—I do not know whose the others are—the materials might belong to the prosecutor.
Q. Have you sold Mr. Wainwright flutes in a finished state? A. I have sold them when they have been returned from the prosecutor—but what I call finished is, when they have got the keys on; which these have not—I have had many returned by the prosecutor, which have been as much turned as these are.
JUAR to MR. HOSE. Q. Are you in the habit of sending back these things with the turner's initials on them? A. Never; the initial is not put on unless the joint is good—the prisoners were not allowed to do work in the bed-room—I never knew that they did—the box was locked, and George Camp gave the key out of his pocket.
(The prisoners received a good character)
JOHN CAMP— NOT GUILTY .
GEORGE CAMP— GUILTY , Aged 21.— Confined Six Months.
Third Jury, before Mr. Sergeant Arabin.
1530. WILLIAM CAMP was indicted fox stealing, on the 17th of June, 18 flute joints, value 2l. 14s.; 33 pieces of silver plates value 16s.; 5 flute keys, value 15s.; 1 flute, value 10s.; and 2 flute plates, value 1s. 6d., the goods of John Mitchell Rose, and another, his masters.
MR. PAYNE conducted the Prosecution.
Cross-examined by MR. PERRY. Q. Did not the prisoner's wife give you the key? A. No; we were obliged to break the door open.
MR. ROSE. These flute-joints and this flute are ours—these pieces of silver, I am certain, are ours—I can speak positively to four of these keys—I had not authorized—the prisoner to take them away—work had been given to persons to do at home, but we had no work at that time.
Cross-examined by MR. DOANE. Q. You gave him work? A. Yes, as he lived some distance—my partner never interferes in the business—I can swear he never gave out a flute-joint in his life—these are such articles as the prisoner would receive to complete our instruments—this flute, which is made, is defective—it is made for a person who has one finger less than other persons—the prisoner has one finger less, and it struck me the moment I saw it, that it was done for himself—I never knew that he had it in his possession—we should not have such a flute made, unless it were ordered—there is no mark on these pieces of silver—I had given the prisoner such articles, but he always professed to return them—persons in our trade might keep specimens of keys.
----JENKINSON. I am in the employ of Mrs. Cook, of Vaux-hall—she makes silver keys for the prosecutor—I made these four keys.
GEORGE PAYNE . I live in Little Newport-street, and am a flute-maker. I know the prisoner bore a very excellent character—about five year ago, I heard him say to Mr. Rose, "Please, sir, may I have these joints to make me a flute?"—and he said he might take them—I was in the prosecutor's, employ then.
NOT GUILTY .
1531. GEORGE CAMP and JOHN CAMP were again indicted for stealing, on the 17th of June, 9 flute-joints, value 27s., and 4 pieces of ivory, value 1s., the goods of John Mitchell Rose and another, their masters.
MR. PAYNE conducted the Prosecution,
HENRY WHITAKER . I am in the prosecutor's employ—my father lives in the house, No. 14, Crescent, Euston-square—the prisoners slept in the room at the top of the house, where this property was found—I saw the prisoner, John, cut off four pieces of ivory at Mr. Rose's factory, and he took them up into George's bed-room, at Mr. Rose's.
Cross-examined by MR. DOANE. Q. Did not these men occasionally sleep at Mr. Rose's. A. Yes; William Camp keeps the house where we live; he might put these things into any room.
John Camp's Defence. I bought the wood of Mr. Payne, and tuned them up at my leisure time—the joints are mine. NOT GUILTY .
Fifth Jury, before Mr. Sergeant Arabin.
WILLIAM BATE . I am a baker, and live in Clare-street, Clare-market; the prisoner had been in my employ for six or seven weeks—he was employed in the bakehouse, and received various sums of money—he was to account for it when he came home—it was his duty to come and give it to me.
Prisoner. She did not pay me the money. Witness. I can say with a clear conscience that I paid him the money.
MR. BATE. The prisoner never accounted to me for these bills, nor a great deal more—he said, the parties had a bill, and they never had any bills—he received the money every day—he left my work in an unfinished state.
Prisoner's Defence. I never received the money.
GUILTY . Aged 23.— Transported for Seven Years.
JOHN WELLS . I am the son of Moses Wells. My father sent me on an errand; he gave me half-a-crown and a shilling to take to the brushmaker's—as I was going I met the prisoner—I did not know him—he was standing still, with a donkey and a cart—he asked me to feed the donkey, and to get up into the cart—before I got into the cart I counted over my money, and put it into my pocket—I then got into the cart, and then he got up into the cart after me—he said, "What have you got there?"—I said, "What is that to you?"—he then forced my hand out of my pocket, and forced his hand into it, took my money out, and ran away as fast as he could—I called out," Police "as loud as I could—the policeman came, and he was taken soon afterwards—the man was in the public-house who belonged to the cart.
Cross-examined by MR. PHILLIPS. Q. How long had you known the prisoner before? A. I never saw him before—the man who was in the public-house knew that he was minding the cart.
EDWARD CUMMINGS . I sell fish. On the 4th of June, I left the prisoner to mind my cart while I was with my master for two hours—I then came out—I saw this child crying—he said, "That boy has robbed me of 3s. 6d. "—the policeman asked me his name—I told him, and where he lived—I went with him to the place, and took the prisoner—he threw the 3s. 6d. to his brother, who ran off with it.
GUILTY . Aged 13.— Transported for Seven Years.
Fifth Jury, before Mr. Common Sergeant.
1534. MARY EAGLE was indicted for stealing, on the 9th of June, 3 handkerchiefs, value 3s.; 1 crown-piece, 8 half-crowns, 3 shillings, and 4 sixpences; the goods and monies of George Cresey, from his person.
JOHN MORGAN . I lodge in Lawrence-lane, St. Giles. The prisoner lodged there—there was an opening between my room and Cresey's—I looked through the boards, and saw the prisoner taking three silk handkerchiefs out of Cresey's hat—I know it was his hat—I had seen him with it—I did not see the prisoner take any thing else—she put the handkerchiefs, one after another, on the bed—she then lifted up her clothes, and tied them round her waist—I followed her down stairs—she went into a pawnbroker's shop—she then came out, and went to another pawnbroker's—she pawned one there—she then went to a marine-store shop, and sold the other two.
Prisoner. Q. How long is it since you were tried at Woolwich for felony, and what was the sentence passed on you? A. About three months; but that is no reason why I should be a thief still—that was the first robbery I committed, and it will be the last, I hope—I did not rob my employers at Long's Hotel—I get my living by putting new bottoms to old chairs—I had no employer to rob—I never was in Long's Hotel in my life.
COURT. Q. What were you committed for? A. For stealing a pair of hoots from a gentleman at Woolwich; it was said so, however.
JOHN CRESEY . This handkerchief is mine—I know it by the border and the red and white spots—it was stolen out of my hat, when 30s, were stolen, which I had received for my pension at the East India House—these other two handkerchiefs are mine—this one I have worn nine months.
Prisoner. Q. Were you not drinking with me on the morning of the robbery? A. Certainly I was—I did not purchase you a pair of sidecombs, nor buy you any articles which you would not accept of—I was not in liquor—I did not see you take any thing—I laid down on my bed, and lost my handkerchiefs and money.
COURT to JOHN MORGAN. Q. Was the prosecutor in bed? A. Yes; he laid on his back, with his clothes on—I did not know but that she was his wife.
SARAH ROGERS . I keep a marine-store shop. The prisoner and Morgan brought me these two handkerchiefs to sell—she asked 1s. for them—I offered her 10d—she said to him, "Will you take 10d.?"—he said, "Yes "—I looked very hard at him—he said, "Mistress, they are not stolen; you need not look so hard."
Prisoner's Defence. Morgan called me out of the kitchen, and said he wanted to speak to me—there was Mrs. Greenwood, and two other persons, at the door—Mrs. Greenwood said, "Where are you going?"—I said, "Only through the posts"—he took me on past Monmouth-street, and he sent me into three pawnbrokers' shops—they would give but 9d. on the handkerchief, and he would not take it—he then took me to this pawnbroker's, who lent 1s. on it—he then took me to this person's shop, and I sold the two there.
NOT GUILTY .
ESTHER BELLAMY . I keep a broker's shop in Old-street. On the 9th of June, at six o'clock in the evening, I heard a noise and went to the door—I missed a fender from inside the house—I ran out, and in Cherry-tree Alley I found the prisoner with the fender under his left arm—I collared him—he knocked me down or I did him, and we both went into the kennel—in about two minutes Sarah Garrard came, and we dragged the prisoner into her house.
Cross-examined by MR. PERRY. Q. Who keeps the shop? A. My mother and I together—the prisoner lived near us, but not with us; he never slept in the house nor the shop—I have not been in the habit of going to fairs with him—I went once with him and my mother, and eighteen or twenty more persons—his wife was there—the prisoner was tipsy when be took the fender—he did not give it up to me; he threw it down.
GUILTY .—Recommended to mercy by the Jury.— Confined Eight Days.
Prisoner.; I had two children with the small-pox—I asked you to lend me a few shillings, and you lent me the coat to get them. Witness.; You never asked me about the coat; you asked for a small sum of money, which I lent you—there was a piece of work about a bag of soot, and the prisoner said she would go and take her oath, and she did not, and I was thrown into prison—that was on the 1st.; of April—I had not missed the coat then—I left her in the house, but did not give her leave to take it—my husband was tried here for putting a boy up the chimney.
NOT GUILTY .
DANIEL DODSON . I am a bookseller, and live in Museum-street. I bought these books of the prisoner for 4s.;—I asked where he got them—he said a bookseller had lodged at his father's, and left them for a bad debt.
GUILTY . Aged 16.—Recommended to mercy.— Confined Two Months.
1538. ALICE RICHARDSON was indicted for stealing, on the 2nd of February, 1 candlestick, value 6d.; 1 bed-cover, value 2s.; 1 sheet, value 2s.; 2 blankets, value 4s.; and 1 pillow, value 6d.; the goods of Henry Stack.
ELIZABETH STACK . I am the wife of Henry Stack, and live in Vere-street, Clare-market. The prisoner came to lodge there—these articles were in her room—I missed them and a great many more—she left without notice—she had paid me to the time she left—I did not open the door for three weeks afterwards—her husband is away from her, and allows her something a week.
The prisoner pleaded poverty.
GUILTY .* Aged 42.— Transported for Seven Years.
CHARLES BELWARD . I live at Camden-town, and am a cook. I was going home on the 18th of June, and met the prisoner—she accosted me in the street, persuading me to go with her, and attempted to draw me out of my road—I disengaged myself from her as quick as possible, and I missed a sovereign and a crown-piece from my pocket—I had not been with her more than three minutes, and that in the middle of the street—I followed her, seized her by the arm, and the sovereign dropped from her—I called the policeman—he picked it up, and found the crown-piece upon her.
Prisoner. Q.; Did you not say you would give me 3s.; 6d.; to go down
a gateway? A. No; that I swear solemnly—I never took her out of the light of the lamp—I did not give her the crown in mistake for a half-crown, and the sovereign for a shilling—she spoke to the policeman after I left her.
WILLIAM TIBBS (police-constable E 94.) The prisoner came up to me, and said, "You are the man that gave me fifteen days"—I said, "No; I gave you a month"—I left her and heard a scuffling—I turned and saw the prosecutor and her together scuffling—I found the sovereign, and I found this crown in her bosom—she only said, "I am done."
Prisoner's Defence. I left the prosecutor. He came back and laid hold of my arm—I went to open my hand to see what I had got, and the sovereign fell down—I thought it was a shilling.
GUILTY . Aged 30.— Transported for Seven Years.
JONATHAN TILLEY . I am a boot and shoe-maker, and live in Ratcliffehighway. On the 18th of June I heard my apprentice cry out "Thief"—I ran from my shop to the next door and caught the prisoner—I asked him whether he had got any thing—he said, "No"—I turned my bead, and somebody said, "What is that on the ground?" and I saw this pair of half-boots, which are mine.
CHRISTOPHER MARLOW . I am apprentice to the prosecutor. I saw the prisoner at the door cutting these half-boots down, from the nail on which they hung—he ran away with them—I ran after him—I saw the shoes on the ground, and my master picked them up—there was another man at the corner of Bluegate-fields, and when I caught the prisoner the other man went away.
Prisoner. I never cut them—I was talking to a shipmate, at the corner of Bluegate-fields—I saw the man throw the shoes into the road—the boy said there was a knife about me, but the officer could find no knife—this boy took hold of me, and it was a minute and a half before his master came up.
GUILTY . Aged 31.— Confined Three Months.
EDWARD WRIGHT . I am shopman to Mr. John Wright, a grocer, in Oxford-street. On the 3rd of June, the prisoner came, and said he wanted 11b. of coffee, and 41b. of moist sugar, for Mrs. Bardell, who deals with us—I gave it him—I should not have given it to him, if he had not stated he came from her—I put it to her account.
MARY ANN ROBINSON . I am housekeeper to Mrs. Bardell. I did not send the prisoner, nor did Mrs. Bardell—I should have known if she had—I never saw him till he was brought to our door by the baker—my master does not interfere in these things.
knew nothing of the other charge—I took him back to my master, and Mr. Wright came in and accused him of this.
GUILTY . Aged 17.— Confined Nine Days, and Whipped.
1542. THOMAS SLEATH was indicted for feloniously breaking and entering the dwelling-house of William Coventry, on the 6th of June, and stealing 21 yards of silk, value 2l. 19s.; and 45 handkerchiefs, value 4l. 17s.; his goods.
ANN COVENTRY . I am the wife of William Coventry. We live in Old-street, St. Luke's, and are linen-drapers—on the 6th of June, we had twenty yards of silk, and forty-five pocket-handkerchiefs, about a quarter of a yard from the window, tied up in a bundle—they and the silk were worth more than 5l.—they were inside the shop—I received information, and missed them—the window had been cut that day fortnight by the prisoner—he came to my house, and cut the pane of glass quite down—I saw him do it, and then he ran away—I sent a little girl after him—he had cut the glass straight down, but there was no hole made then—on the 6th of June, I examined it, and a piece of glass was taken away, and a hole made, big enough to take any thing out.
Cross-examined by MR. PAYNE. Q. You saw this man about a fortnight before? A. Yes; on a Saturday, about twelve o'clock in the day—I was by the side of the counter, in the shop—there was nothing in the window which prevented my seeing into the street—I just turned my head and saw him—he looked at me, and walked away—I did not see him for more than a minute—I had not seen him before he cut the window, but can swear to him—I had put these things into the window at half-past eleven o'clock, and at five or ten minutes past twelve they were all taken—I did not see Tool till I sent for him on the Monday after.
THOMAS TOOL . I am a boot and shoe-maker, and live in Old-street. On the 6th of June, I saw the prisoner and two others opposite this lady's window—I saw them go over two or three times, and come back—I knew the prisoner, and was afraid he would notice me, as he had threatened me before—they then went to the prosecutor's shop—I saw the prisoner break the glass with a knife or something—he took a piece of glass out, and pulled a wire out of his hat, and pulled something out of the window, which he gave to the other two who were with him—I saw they were black handkerchiefs—they put them inside their coats, and walked away—I could not see a policeman—they got to the first turning, and then ran—Most sight of them—I saw a policeman afterwards, and told him.
Cross-examined. Q. How many times have you been a witness here? A. I do not know; I was repremanded for prevarication through Mr. Murphy, but I have got a true bill returned against him now, for assaulting and wounding me—the Judge did not tell me, the last time I was here, not to show my face again—he said it would be at well not to come—I was only told that once—I have been repremanded two or three times—I did not go to Mr. Coventry's that day, because I was very ill, and I did not see a policeman—I did not want to trouble myself about it.
Q. Were not you a witness at Bow-street, accusing a roan of robbery, when a policeman of the F. division swore you were in the habit of being with a gang of thieves? A. He said he had been told so by another officer—the Magistrate did not say that if I went there again he would give me three months—he told me not to trouble myself with the police—
the prisoner was remanded for his friends to come forward—I do not know what was said against me.
Cross-examined. Q. What did he say? A. I ran against him, and he said,—n my eyes, could not I see where I was going—I turned and said, "Well, I am sure, you are a nice man"—he was then close to Mrs. Coventry's window—he was not doing any thing then.
HENRY BUCKERIDGE . I am a policeman. I took the prisoner—I founds a wire in his hat, and a tobacco-box on him—he said he was innocent, and that he was not in Old-street that day—he knew nothing at all about it—he said, before the Magistrate, that he was at home.
Prisoner's Defence. I was at home at work at the time—were the people out of the country here, they would have proved it—they are in Yorkshire—that bit of wire I picked up.
GUILTY of stealing under the value of 5l. Aged 24. Transported for Seven Years.
OLD COURT.—Tuesday, 23rd June, 1835.
Before Mr. Recorder.
GUILTY .— Confined Two Years.
ESSEX LARCENIES, &c.
Sixth Jury, before Mr. Common Sergeant.
WILLIAM GIBSON . I live at Walthamstow. On the 23rd of May, I had a bridle and belly-band in my stable—I saw it on the horse between five and six o'clock at night—I missed it on Sunday, the 24th—this if my bridle and belly-band—the prisoner was at work for me some days, the week before—he knew where these things were.
GUILTY . Aged 18.— Transported for Seven Years.
Fifth Jury, before Mr. Sergeant Arabin.
SAMUEL WILLETT . I was in the shop of my cousin, Robert Buxton Willett, at Great Ilford, in the parish of Barking, in Essex. On the 6th of May, I heard something—I ran out, and caught Lewis—I missed ten yards of printed jean, which had been left against the door—I saw it half an hour before—it has not been found.
BENJAMIN HARRIS . I live at Ilford. I know Mr. Willett's shop—on the 6th of May, I saw the two prisoners go through to Angel-street, which joins the shop—I did not see either of them do any thing—Mr. Winter asked me the name of the tallest one—I said, "Cole."
MR. WINTER. I live at Ilford. I remember seeing the prisoner Cole take the piece of jean from the door—Lewis was close to him—they took it, and hung it down by the side of their frock—I then went down the yard, and asked the last witness, who the tallest prisoner was—he said, "Cole;" and Cole got off with it—I did not know it was Cole—I did not see his lace, but I am sure Lewis was one, whoever the other was.
JURY. Q. Was he dressed as he is now? A. No; he had on a smockfrock—Cole was taken about a fortnight after.
Q. Lewis was with the prisoner, who took it? A. Yea; I believe the other was Cole, but I cannot swear to him.
LEWIS— GUILTY . Aged 18.
COLE GUILTY . Aged 17. Recommended to mercy by the Jury.
Confined Three Months.
Fifth Jury, before Mr. Sergeant Arabin.
1546. JOHN HAWKINS was indicted for stealing, on the 22nd of May, 1 sovereign, and 1 half-sovereign, the monies of the overseers of the poor of the parish of Woodford.—2nd COUNT, stating it to belong to Junes Pamphilon.
JOHN SADDINGTON . I am governor of the Poor House, and vestry-clerk of Woodford. The prisoner was a pauper in the house for seventeen years, in and out—on the 22nd of May I made up a parcel, which contained a sovereign and a half-sovereign—I secured it upon a card, and inclosed it in a letter—I indorsed it," Parish money"—it was sealed up, and directed to Mr. James Pamphilon—I told the prisoner it contained money, and he was to take it to the Post Office at Woodford—he was not to put it into the box, but to give it into the hands of the post-master—I discovered, in about an hour and a half afterwards, that he had not delivered it—I did not see the prisoner again—when he was at Bow-street he asked me to forgive him, and said, he would never do so any more—he had been brought from Dover in custody.
DAVID DERWARD . I am assistant-overseer of the poor of Woodford. This money was the property of the overseers—the prisoner was sought after, and could not be found—his name was put in the Hue and Cry,
Prisoner. I went to Dover—I own what 1 have done.
GUILTY . Aged 40.— Transported for Seven Years.
Fifth Jury, before Mr. Sergeant Arabin,
1547. JAMES LOVELL and JOSEPH LAZELL were indicted for stealing, on the 11th of June, 2 tacks, value 2s.; and 3 bushels of spilt beans, value 10s.; the goods of Richard Claxton, their master: and WILLIAM FEATHERSTONE was indicted for feloniously receiving the same, well knowing them to have been stolen. 2nd COUNT. For receiving of an evil-disposed person.
MR. DOANE conducted the Prosecution.
THOMAS WELLS CLAXTON . I am the prosecutor's father. I gave up the farm to my son at Wanstead, in Essex, but I live there—on the 11th of June, I got up about two o'clock in the morning, and saw from my bed-room window Joseph Lazell coming out of the stable, with a sack with something in it—he put it into the waggon—he then got into the waggon,
and moved it from the hind part to the front—I saw he was looking about to see if he saw any body—he then got out of the waggon—shut up the tailboard, and fastened it—Lovell was in the yard with him—the horses were then put to, and they went out of the yard—I heard Lazell say, "I will drive out of the yard, and you shut the gates"—both of them were waggoners in my son's employ.
COURT. Q. Were the waggons going to town? A. There were two waggons going for cow dung—they were to go twice that day—I have seen the beans produced by the officer—I believe some of these came out of one man's bin, and the others out of the other.
Cross-examined by MR. PAYNE. Q. At what time in the morning was this? A. Between two and three o'clock—I was at the bed-room window. I could see quite clearly—the lane, in which the house stands, leads down to the London-road—I should think the house is not a quarter of a mile from the road—Lovell had been my servant eight or nine years, and Lazell about seven years—I did not come down when I saw them take this sack—I went to bed again.
RICHARD CLAXTON . I am the son of the last witness. Lovell and Lazell were in my employ, as carters—on the 10th of June I gave out a sack of spilt beans to each of them to feed their horses—on the 11th they were to go out twice for dung—I was out that morning, from three to a quarter-past three o'clock—I came to Carr-hall-lane, and I saw my two waggons; which these men ought to have been with, standing at the corner of the lane—I saw Lovell—I told him he ought not to go on with his waggon, and leave the other waggon in the position in which it stood—I then saw Lizell coming in a direction from the Thatched-house, which is in the high-road to Woodford—I went home, and at breakfast-time my father made a conmunication to me—in consequence of that, I sent two patrols, with a sample of beans which I took from the bulk—they afterwards brought about there bushels of spilt beans in two sacks—these are them—I believe they an part of my beans—these are my sacks—I took them of my father at a valuation.
Cross-examined by MR. PAYNE. Q. How came you to be out that morning? A. I was returning from Greenwich fair—I was quite sober—there are two cottages beyond the Thatched-house where Lovell and Lazell lived—Lazell's cottage may be about thirty yards from the Thatched-house, and Loveil's about a hundred and fifty yards—the direction I saw Lazell in, was towards his own cottage—I did not see any thing passing the road at that time in the morning—one man might mind two waggons while another went to his cottage—I believe these to be my beans—I took the spilt beans, which I gave to the officer, from the bulk in the granary in my year.
MR. DOANE. Q. You told us you gave a sack of beans to each of the prisoners the day before? A. Yes; a sack contains 4 bushels—when the officers returned, I went and searched the prisoners' bins—I found about a bushel in each—they had fed their horses one day, and they ought to have had about three bushels left.
Cross-examined by MR. PERRY. Q. This Thatched-house is on the Woodford-road? A. Yes; about thirty yards from Lazell's own house.
SAMUEL GUTTERIDGE . I am a Bow-street patrol. In consequence of directions, I went with Johnston to the Thatched-house, between eight and nine o'clock in the morning of the 11th of June—I saw Featherstone there, sitting in an open stable—Johnson said to him, "We want to look in your hostry" which is set apart for his own use—he hesitated some time; then unlocked the door—Johnson went in, and I followed him;
and on the floor we found these two sacks—we told him that was what we wanted—we read the name on the sacks, and examined what they contimed—we asked him how he got those beans—he said he had them of Mr. Plaxton's carters—I said, "One is named Lazell; what is the other?" he said, "You know the other"—he was very sad, and I believe he cried—he said, "It is all over with me."
Cross-examined by MR. PERRY. Q. Do you live near Featherstone? A. Yes; onr station is not far off—he is ostler at the Thatched-house—the stables are large—they would hold a hundred horses—there are no layers there—carts and waggons stop there—carters may leave beans there for their horses, but I should think not so many as these—I know Mr. Plaxton does not bait his horse a there—it was between eight and nine o'clock when we were there; the door was locked—I have an opportunity of looking in that place when I am on duty.
Cross-examined by MR. PERRY. Q. What stabling is there? A.
Enough for ninety or a hundred horses.
Lazell's Defence. It was only my great coat that I put into the wagon—I then got in, and put it to the fore part—when I got to the end of the lane, I asked my mate to stop with the team while I went to get some victuals—as I was coming back I saw my young master.
T. W. PLAXTON re-examined I am certain I could not be mistaken—it was a sack, Featherstone's Defence. The doors are not always locked—there have been beans put into the stable when I have not seen them.
(Richard Smith, a butcher of Aldgate, deposed to Lasell's good character; and George Hill, a farmer of Stratford, to that of Featherstone,
LOVELL— GUILTY .
LAZELL GUILTY . Confined One Year.
FEATHERSTONE— GUILTY . Confined for Two Years.
KENT LARCENIES, &c.
First Jury, before Mr. Recorder.
MR. BODKIN conducted the Prosecution.
JOHN POVEY . I was at the Bee-hive, at Greenwich, on Wednesday, we 10th of June, assisting the person who keeps the house—the prisoners, Margaret Gleson and Rachael Downs, came into the house, between five and six o'clock, and asked for half-a-pint of porter—I served them—it came to a penny farthing—Gleson put down a bad sixpence—Downs was with her—they did not take up the beer before I found the sixpence was bad—I saw them come in together; they spoke to each other, and were in company together—I do not think either of them touched the beer—Gleson asked for it, and paid the bad sixpence—I told her it was bad, and asked if she knew it she said she did not—she immediately left the bar, and went to
Mary Downs, who was standing outside the door—I saw Mary Downs put her hand into her pocket, and give Gleson something—she returned to the bar, and brought me a good sixpence—Rachel Downs remained at the bar, but said nothing—I gave them the change, and they drank the beer between them—Mary Downs did not come into the house at all—when she brought me the good sixpence, I kept the bad one, and said I should detain it—I asked her if she wanted it?—she said no—I showed it to her in my hand after she gave it to me—I have kept it ever since, separate from all other money—I made a communication to the police, and pointed them out to Murphy and Twigg—all three went away together.
JAMES WHITE . I keep the Spread-eagle, at Greenwich. On Wednesday, the 10th of June, Gleson and Rachel Downs came to my house, between five and six o'clock in the afternoon—I live about a quarter of a mile from the Bee-hive—they both came in together, talking to each other, and asked for half-a-pint of porter—I served them—Gleson handed me a bad sixpence—I discovered it the moment it was given to me, and said it was bad—I accused them of having been in my house the night before, and tendering one to my daughter—they both said it was not them—I kept the bad sixpence, and have it now—I kept it apart from all other money—Gleson gave me a good sixpence after that—both drank the beer, and I sent my waiter to look for a policeman—he could not find one, and I allowed them to go.
THOMAS GARDINER . I keep the Greyhound, at Greenwich. About nice o'clock on Sunday evening, the 10th of June, Gleson came in, and asked for half-a-pint of beer, which I drew—she tendered me a sixpence, which I immediately discovered it to be counterfeit—before I had time to make any observation to her, an officer immediately appeared, and took her in custody—I marked the sixpence, and gave it to Murphy.
JOHN MURPHY (policeman G 215.) I was on duty on the 10th of June, at Greenwich—in consequence of information, I watched the prisoners, Povey pointed them out to me—they walked through together, out from the Bee-hive into the fair, and in the way Mary Downs gave a red shawl, which she had on, to Rachel Downs—I did not see her give her any thing in exchange for it—I saw them go into several house—Rachel Downs and Gleson went into a public-house, but not any of the witnesses here—At some houses two went in, and the third person waited outside—I saw them from about six o'clock until nine, going to different houses, and one or two of them going in—when they got to the Greyhound, Gleson went in, and the other two were standing outside, right opposite the door, about fourteen yards from the house—they could see into the public-house, being exactly opposite—they could see right across the street—I do not mean that they could see what Gleson did—they separated from Gleson just as she came opposite the door—I went into the house, and took Gleson ihto custody—a female searched them—on Mary Downs something was found, I believe—I produce the sixpence Mr. Gardiner gave me.
STEPHEN TWOHIG . I am a policeman. I was on duty on the 10th of June, and accompanied Murphy to follow the prisoners from place to place, as he has described—at last they came to the Greyhound—Gleson went into the house, the other two were on the opposite side—I took the two, and he took Gleson—Mary Downs asked, what I took them for—I said, for being in company with Gleson and Rachel Downs—she said, she was innocent of it—I took them to the station-house afterwards
—they were searched there—I found 4s. 8 1/4 d. in copper, and 3s. 6d. in silver, on Mary Downs—as they went along, Mary and Rachel Downs changed shawls.
Gleson. This girl had a shawl on her arm, which she put on her neck, and still kept the handkerchief which she had before; that is not changing shawls. Witness. Rachel gave Mary a white shawl in exchange for a red one—they both had shawls on before the Magistrate; but on Tuesday one was missing.
Gleson's Defence. Mary Downs had nothing to do with it—they met me in the fair at the time—I certainly did speak to her, but there was no changing of shawls, or any thing.
Rachel Downs's Defence. I came to the fair with Gleson, and went to the public-house for half a pint of beer—the gentleman refused the sixpence—I came away, and met my mother—she said I ought to be at home, she went away to sell her cards—I met her two or three times—the last time was at the door of the public-house, when the policeman came and took us—my mother is quite innocent.
GLESON— GUILTY . Aged 26.
RACHEL DOWNS— GUILTY . Aged 18. Confined One Year.
MARY DOWNS— GUILTY . Aged 60.
Fourth Jury, before Mr. Recorder.
1549. ROBERT TOWNLEY was indicted for stealing, on the 11th of June, at Woolwich, 4 pieces of copper, value 10s.; and 18lbs. weight of copper, value 10s.; the goods of our Lord the King.—2nd COUNT, stating it to he the property of certain persons whose names are unknown.
MESSRS. SHEPHERD and ADOLPHUS conducted the Prosecution.
THOMAS SAUNDERS , I am a policeman of Woolwich Dock-yard, No. 10. The prisoner was in the employ of the Dock-yard, as a blacksmith. On the 11th of June, at five o'clock in the evening, he was coming out of the dock-yard gate—he had been at work there—I saw he had something about him—I took hold of him, and felt something hard about him—I took him into the room at the station-house, unbuttoned his clothes, and found four pieces of copper, weighing 18lbs.—they were between his shirt and skin—two on his belly, and two on his sides—he said nothing at all about it—I have known the prisoner eight years, and never heard any thing against him before.
SMITHERS ALDISS . I am Inspector of Police, in Woolwich dock-yard. I went with the prisoner, next morning, before Captain Warren, the Superintendent—no threat or promise was held out to him—the Commodore asked where he got the copper—he said he picked it up near a kiln, opposite the smithery—I went there, but there was no copper of any description about there—there is a deal of copper in the dock-yard of this kind, but not packed in this way—there are copper funnels and pipes, and other copper, belonging to His Majesty's steam-vessels.
Cross-examined by MR. CHURCHILL. Q. Are there any steam-vessels which are not His Majesty's? A. Not in the dock-yard—the pipes of the steam-vessels are made of this copper, and there is a good deal in the stores—it is necessary to apply to the store-keeper to get new stores—
this is not new stores—I believe this copper to be part of a pipe of a steam-vessel, but I cannot say.
COURT. Q. Was the prisoner working on copper at all? A. I cannot say—the steam-pipes are not marked with the broad arrow—it is only the sheets; and if you cut off the corner of a sheet, you will take away the mark—I went to a kiln to where he described it had been—he did not say any more was lying there.
MR. SHEPHERD. Q. Are there such stores belonging to His Majesty, in the dock-yard, without the broad arrow? A. None of the pipes have the broad arrow on them, as it would injure them—there are such stores in the dock-yard as copper, which have been pipes of steam-vessels—I have known the prisoner twelve months—I know nothing against him.
(William Chittenden, a policeman; and Samuel Nicholls, a constable, gave the prisoner a good character.)
Cross-examined. Q. Do you inspect the whole of the dock-yard? A. No, not all—I search all the people going in and out.
GUILTY on 2nd Count. Aged 23.— Confined Six Months.
Second Jury, before Mr. Common Sergeant.
1550. WILLIAM WRIGHT was indicted for stealing, on the 4th of June, at Woolwich, 1 coat, value 20s.; 2 towels, value 1s.; 2 pairs of stockings, value 2s.; 2 flannel shirts, value 3s.; 3 pairs of gloves, value 1s. 6d.; 3 brushes value 1s.; 4 books, value 3s,; 1 comb, value 6d.; 1 knife, value 4d.; 1 fork, value 4d.; 1 spoon, value 4d.; 1 looking glass, value 2d.; 1 knapsack, value 5s.; and 6 straps, value 1s.; the goods of John Hetherington.
JOHN HETHERINGTON . I am a drummer in the artillery. On the 4th of June, I was at Woolwich, and had a knapsack, containing the articles stated in the indictment—I went to bed that evening, and had it safe then—the prisoner belongs to the same company as me—I did not see him that evening—I missed the knapsack next morning—these are ray articles.
WILLIAM BEADLE . I am a watchman, of Woolwich. At half-past four o'clock in the morning of the 5th of June, I received information, and went into Pig's-alley—I found the prisoner with this knapsack—I charged him with stealing it—he was putting the knapsack to rights—I took him in charge—he made his escape from me, and ran away—I ran after him, and secured him, with the knapsack and these articles in it.
Prisoner. I had it slung on my arm. Witness. He had it open in a house—he buttoned the knapsack up, and was coming away—when he saw me he was putting it up—I allowed him to put it on his shoulder, and then took him.
Prisoner. I escaped from him, because he would not let me go to the barracks—I went into the barrack-room to fetch my own things—it was dark, and I took these by mistake—I left my own instead of them behind.
Woolwich, at a house of ill-fame—I asked him what his name was—he would not tell me—I told him I was an officer, and he must come with me—I was taking him for desertion—my beat is in Woolwich—he bad been absent three or four days—I had received information of this on the 4th of June—I did not tell him I took him fordesertion—I said, "Come with me, I shall take you to the watch-house"—he attempted to run away again—he ran off once—I had said nothing to him then about the knapsack.
Prisoner. I attempted to run from him, to get to the barracks, to give my self up there, and not to be taken by the civil power.
NOT GUILTY .
Third Jury, before Mr. Sergeant Arabin.
THOMAS ROBERT THAME . I am a smith and ironmonger, and live at Greenwich. I was not at home when this pot was taken—it was under the window, outside my house—I found it at the office, and knew it to be mine—this is it.
Prisoner. Q. Is there any mark on it? A. Yes; I am positive it is mine.
HENRY WRIGHT , I live at Stamford-hill. I was passing the prosecutor's house, about one or two o'clock, and saw the prisoner standing talking to a very respectable man—I heard him say, I am going to take one of these watering-pots"—I walked on, turned round, and saw him stoop, take up this pot, and run away as hard as he could down a court—where he went to I do not know; he was off like a dart—the officers afterwards found him.
Prisoner. Q. How do you get your living? A. I am a labouring man.
Prisoner's Defence. I certainly took the watering-pot for sale; but I was not the person who stole it—I acknowledge I made myself as bad as the thief, because I must have known that it was stolen—I offered it for sale to a person, who told me he was a constable, and he should keep it till I produced somebody to state I got my living honestly—I said I would call again in the evening, which I did, and he was not at home—I waited some time in Palmer's house, and was afterwards taken into custody.
GUILTY . Aged 26.— Confined Six Weeks.
Sixth Jury, before Mr. Common Sergeant.
has my mark on it—I lost it at the fair—the officer told me of it, and brought back the prisoner with the handkerchief.
WILLIAM CLAREY (police-constable K 278.) I was on duty at Greenwich fair, and saw the prisoner and another standing behind the prosecutor—he took this handkerchief, and put it into his own trowsers—I seized him, and told the gentleman of it on the spot.
GUILTY . Aged 18.— Transported for Seven Years.
Before Mr. Common Sergeant
GUILTY . Aged 42.— Confined Two Months.
GUILTY . Aged 18.— Confined Six Months.
Before Mr. Sergeant Arabin.
GUILTY . Confined Three Months.
First Jury.—Before Mr. Sergeant Arabin.
CHARLES MILLIOAN . I am contractor for forage to the artillery at Woolwich. The prisoner was my principal servant at the barracks—he was accustomed to receive and pay money for me; he had been with me about eighteen months—Mr. John Edward Cowmeadow deals with me—he keeps the canteen in the barracks, and buys forage on his own account—about the 28th of May I was about to take a bill to him, and the prisoner said he had rather take it himself; it was for 1l. 9s.—he was very desirous to take it—I said I would take it myself—he then said he was very sorry to tell me he had received the money, and made use of it.
JOHN EDWARD COWMEADOW . I dealt with Mr. Milligan—I paid, on the 12th of January, 15s.; on the 5th of February, 1l. 9s.; and on the 4th of March, 13s., to his account, and have the receipts here—I do not know that I paid the prisoner myself, nor do I know his writing, but these sums have been paid.
Prisoner. I throw myself on your mercy—I was in distress, and I was in hope I should have made it up again.
GUILTY . Aged 39.
GUILTY . Aged 39.—Recommended to mercy by the Prosecutor— Confined Six Months.
Fifth Jury,—Before Mr. Sergeant Arabin.
WALTER HEARN . T was in Greenwich Park on the 10th of June, about seven o'clock—I had a pocket-handkerchief taken from my pocket—I did not feel it, but I saw it afterwards in the officer's hands—I had seen the prisoner, and two other persons near me, before this happened—this is my handkerchief.
EDWARD LANGLET (police-constable L 148.) I was on duty in the park—I saw the prisoner and two others—I watched them for twenty minutes; they were going round a ring—I saw the prisoner take this handkerchief from the prosecutor's pocket; the other two were covering him at the time—I took him with it.
Prisoner's Defence. I went to where the mob was, and saw this old handkerchief lying down—I took it up, and put it in my pocket—the officer came and asked me for that handkerchief—I asked him if it was his—he said "Never mind."
GUILTY . Aged 15.— Confined Nine Months.
JAMES PEARSON . I was in Greenwich Park on the evening of the 8th of June—I did not feel my pocket picked, but Jones directed my attention to it—I then turned and missed my handkerchief—the officer had the prisoner at the time, and I saw my handkerchief taken from him—this is it.
JOHN JONES (police-constable, S 77.,) I saw the prosecutor in Greenwich Park that afternoon—I saw the prisoner—T watched him, and saw him go behind Mr. Pearson—he dived his hand into his pocket three times—he then got the handkerchief—put his hand to his flap, and ran away—I ran and took him—I kept his hand in his flap, and the handkerchief was taken from there.
GUILTY . Aged 15.— Confined Six Months.
Fifth Jury, before Mr. Sergeant Arabin.
CHARLES JAMES Dow. I am a paper-hanger, and live in Prospect-place, Lewisham-road. On the 10th of June, I was in Greenwich Park, from nine to a quarter before eleven in the morning—I had a companion with me—I was quite sober—the sun was very hot—I sat down, and went to sleep—when I awoke I had lost my hat and two handkerchiefs, which had been in it, and the silk handkerchief from off my neck—I had not seen
the prisoner before I went to sleep; but when I awoke, I saw him a little lower down—he saw me walking about without my hat, and asked me if I had lost it—I said, "Yes, and my handkerchief as well"—he said, "I picked up a hat and gave it to the man opposite"—pointing to a man not far off—I went over, and saw the hat he had given him; but it was not mine—I went to the Park-gate to see if I could get any intelligence of it, but I could not—I then came back, and the prisoner asked me if I had found it"—I said, "No"—I then, by the advice of the person who was with me, went to several pawnbrokers—I found my hat at Mr. Seaward's; it had been pawned by Haynes, who is out on his own recognizance, to find the man that gave it to him—I then went to Mr. Sharp's, a pawnbroker, where I found the prisoner offering the handkerchief in pledge—the man behind the counter knew me, and when I stated it was mine, he said to me "You had better take your handkerchief, Charles"—the prisoner snatched it out of the man's hand, and said, "The handkerchief belongs to me; I bought it in town some time ago"—he walked out of the shop—I followed and gave him in charge of a policeman opposite the shop where I had bought the handkerchief on the Saturday previous.
GEORGE DORSETT (police-constable R 54.) I was called, and took the prisoner—I asked him where the handkerchief was—he took it out of his pocket, and showed it me—he said he had bought it, three months ago, in town—the prosecutor said be bought it at the shop opposite—the linesdraper's mark is on it—I took it into the shop, and the man said he had sold it on the Saturday previous.
Prisoner's Defence. I never stole a handkerchief in my life—that handkerchief I bought on Westminster-bridge—as I was returning home one day, in April, a man who was hawking linen and handkerchiefs about, sat down by me, on one of the seats—I bought this handkerchief of him—I took it home, and threw it into a box, and it remained till that day, when I unfortunately took it out to get 2s. on it—I have outlived all my friends.
GUILTY . Aged 63.—Recommended to mercy by the Jury. Confined One Month.
MARY TOWNSEND . I am a nurse at Greenwich Hospital—the prisoner was employed to assist me, and had been so for about seven months—on the 20th of May, I missed my shawl from a bed in ray room—the prisoner was there at work at the time—this is it.
Prisoner. Q. Was it on your bed or on mine? A. It was on the bed the prisoner slept on, but it was under my care; I never allowed her to pawn my property—she had a good character before.
(The prisoner put in a written defence, declaring her innocence.)
GUILTY . Aged 42.— Confined One Month.
THOMAS GIBBONS . I live servant to Mrs. Mary Lackington; she keeps the Plume of Feathers, at Greenwich. I knew the prisoner, by his coming to the house, for the last two months—he came there on the 13th of June, between nine and ten o'clock in the morning—he had a pint of beer, and staid till one o'clock—he then went to dinner—he came back, and had another pint of beer, and a pipe of tobacco—I sent him out of the kitchen, when I was going out myself, and he went into the tap-room; but he could go from there into the kitchen—I went out for about seven minutes; when I returned, he was gone—I went into the kitchen, and missed the spoon, which had been there when I went out—this is the spoon; it is my mistress's property—it was lost about five o'clock in the evening.
Prisoner. Q. Was I there in the morning? A. Yes; aid you came again in the afternoon—I did not see you do any thing while I was in the kitchen—there had been two men in the tap-room before, but you were the only person left there when 1 went out.
THOMAS HENRY HARRISON . I live with a pawnbroker, at Greenwich. This spoon was pawned on the 13th of June, between six and seven o'clock in the evening, by a Greenwich pensioner, resembling the prisoner, and I believe he is the man.
Prisoner, He said he would not say that I was the man. Witness. Both I and the boy said we believed you ware the man, but we could not swear to you.
Prisoner's Defence, I never saw the spoon—I was in his Majesty's service twenty years, and how should I offer to go to such a place, to do inch a thing.
GUILTY . Aged 53.— Confined Six Weeks.
Before Mr. Common Sergeant,
SUSANNAH MORGAN . I am the wife of John Morgan; we live at St. Paul's, Deptford. On the 18th of May, the prisoners came to take a lodging of me—they came between twelve and one in the day, but they did not take possession then—the woman came late at night, and slept there—the woman left the next morning, about ten o'clock—the articles stated were in the lodging—I did not open the door till the Wednesday afterwards—I then missed the two sheets, the pillow-case, and glasses—the prisoners did not return to the lodging.
(The prisoner, Wilson, handed in a petition, pleading poverty, and that she intended to replace the property which she had pledged, by desire of a man who had promised her marriage.)
BROWN— NOT GUILTY .
WILSON— GUILTY . Aged 33.— Confined One Week.
1564. WILLIAM BROWN was again indicted , for stealing, on the 18th of May, 1 shawl, value 12s.; 1 veil, value 2s. 6d.; 1 shift, value 1s. 6d.; 2 aprons, value 2s.; 2 yards and a quarter of silk, value 3s.; and 2 yards and a half of satin, value 1s. 6d.; the goods of Samuel Lavender.
ANN LAVENDER . I am the wife of Samuel Lavender; we live at Deptford. The prisoner came to paint the house I live in—on the 18th of May I had these articles all safe—they were my husband's—I went to look for my shawl at seven in the evening, and could not find it—I went out, and when I returned, I looked again for the shawl—I could not find it—I then missed the other things—the prisoner had left that afternoon—I went to his master, and told him what I had lost—no one had access to this property but the prisoner—the things have never been found.
Prisoner. There was another man at work. Witness. No, not in that house.
JOHN MILLER (police-constable C 215.) I took the prisoner in Hourglass-lane—I told him he had been robbing where he worked—he said, "For God's sake do not take me, settle it here"—I said no, he must come to the station-house—he said, "You get your living by it, I do not blame you"—he said before the inspector, "I pawned all the things but the silk, and that I sold out and out, I hope you will make it as soft as possible."
GUILTY . Aged 35.— Transported for Seven Years.
WILLIAM YEOMAN (police-constable R 161.) I was on duty, and saw the prisoner—I watched him half an hour—I saw him follow a gentleman, and take his handkerchief three parts of the way out, and the gentleman stopped it—he then went to the prosecutor, and took out his tobacco-box—I took him with it.
GUILTY . Aged 14.— Transported for Seven Years.
Second Jury, before Mr. Sergeant Arabin.
1566. WILLIAM RICHMOND was indicted for stealing, on the 12th of June, 1 pair of half-boots, value 10s.; the goods of John Wragg: and HENRY SIMMONS was indicted for feloniously receiving the said goods, well knowing them to have been stolen, against the statute.
JOHN WRAGG . I am a private marine. The prisoner Richmond is a marine—I know nothing of Simmons—Richmond slept in the same room with me—I had a pair of regimental boots, which were placed in my knapsack, over my bed—they were new—I had never worn them—I had paid 10S. to the King for them—I missed them on Saturday morning—on the Friday night Richmond had wanted to purchase them of me, and offered me 7s. for them—when I missed them, I went over the room with the serjeant—I challenged the prisoner with them, in the room—he said, "Hold your tongue, it is all right"—we went to the guard-room, and reported it—the constable afterwards found the boots—these are them.
Richmond. He sold them to me for 7s. Witness. No, I would not sell them-when I went to bed I did not know that they were in my knap-
sack—I had seen them on the Monday before, when we mustered on the parade—the prisoner owed me 1s. 3d. for repairing his trowsers—he wanted to buy the boots of me—I said I would not sell them, as if I was found out, I should be punished—he was absent on Friday night without leave.
CHARLES DAWSON . I am a constable. On Friday the 12th, at eleven o'clock at night, I heard the cry of "Stop thief," and apprehended the prisoner Simmons, who was running with another person, and found the boots on his feet—I asked him where he got them, he said, "That is best knows to myself—I took him to the station, and he said he bad them from a marine, for 4s., and he paid for a pot of beer—I found the broad arrow on them, and gave information.
JAMES ANDREWS . I am a private in the same company. Last Friday week, in the evening, I was taking a walk—Richmond came to me, and said, "Can you tell me where I can sell a pair of boots?—I said, "You may do as you like, I shall have nothing to do with them"—I saw they were boots belonging to the marines—he went on, and met this other man, and they went on one side—what they did, I cannot tell.
Richmond. He dare not tell the truth—I asked him to go with me to sell them; he did go; and I gave him 1s. out of the 4s.—he said if I would let him have 1s. that night, he would let me have some when he had got some.
Simmons to JAMES ANDREWS. Q. When you two were coming together, did he not ask me if I would buy a pair of boots? A. I do not know any thing about it.
Simmons' Defence. I met this man in Church-street—he asked me to buy a pair of boots—I told him I had not got money enough—he asked 6s. for them—I offered him 3s.—he said would I give him another shilling—I did—we went into a public house, and had some beer—I did not how they were stolen.
RICHMOND— GUILTY . Aged 22.— Confined Nine Months.
SIMMONS— NOT GUILTY .
1567. WILLIAM FLOYD was indicted for stealing, on the 21st of May, 1 shift value 4s.; and 2 shirts, value 4s.; the goods of Eliza Taylor; and that he had before been convicted of felony: and SARAH DUNTON for feloniously receiving the same goods, well knowing them to have been stolen, against the statute.
MR. PHILLIPS conducted the Prosecution.
SUSANNA WINTER . I am the daughter of William Winter. He is gardener to Mr. Brockelbank—I know the prisoner Floyd—I saw him on the 21st of May—he was under the clothes-line in Greenwich Park—I did not see him do any thing—when he saw me he ran away—he had a bundle in his hand—he was standing still when I first saw him—I told Mrs. Brooks.
Cross-examined by MR. DOANE. Q. Have you always given this account? A. Yes; I have said there were more persons than one by the clothesline—I did not state that just now—there were more persons than one—I said, when I was first asked, that Floyd was one of them—I did not say that I could not tell whether he was there.
Re-examined. Q. Did you know him by sight before? A. No—I am quite sure he is the person who had the bundle and ran away.
Floyd. She ought to know me; I lived in the park.
CATHERINE CHAPPLE . I know Sarah Dunton—she gave me a shift to get mangled on the 21st of May—after I took that home, she gave me two shirts—I got them mangled—it was in the evening—I gave her back the two shirts and shift when I had got them mangled—I know Floyd lived down the creek.
Cross-examined by MR. PERRY. Q. Do you know Sarah Dunton? A, Yes; I have gone on errands for her—I generally take her things to get mangled.
Cross-examined by MR. DOANE. Q. What time did you take these things? A. Before tea.
CHARLES NICHOLLS (police-constable R 164.) I apprehended Dunton. I asked her where she got the shift which she gave to Chapple to pawn—she said she bought it of a woman the day before in Stable-yard-street-it was on the Tuesday morning I took her.
WILLIAM THOMAS . I am a police-inspector. I had some conversation with Dunton on Sunday, when she was in confinement in the cage—she said she would tell me all about the concern—she then stated that Fioyd came to her on the Thursday afternoon, and asked if she would buy a shift, and she said she did not care, what did he want for it—he said half-a-crown—she said she had no particular use for it, but she would give him 1s. 6d.—he then proposed that she should give him 1s. 6d. then and another shilling in the course of the week—he then went away and fetched in the shift and two shirts—she asked him whose they were—he said they were a young fellow's outside—she said she bought the shift, but not the shirts, and the did not know they were stolen.
Cross-examined by MR. DOANE. Q. Was there any one present but yourself? A. There was a man on duty, but he is not here.
JAMES WILD (police-constable R 141.) I apprehended the prisoner Floyd on the night of the 21st of May. I took him out of the Black Boy public-house—he made great resistance—as we were going along he wanted to go up a court—I took him up a court and found on him two duplicates, one for a shawl and one for a shirt, or two shirts, pawned on the 21st of May, at Mr. Simmons's—as 1 was looking at them, he snatched them from me, and put them into his mouth—I took the shoes off his feet and compared them with the marks in the park—I had seen the marks in the park before, and preserved them.
Cross-examined by MR. DOANE. Q. How did you preserve them? A. By putting something over them—there were two sizes of foot-marks; one smaller than these.
----SEAWARD. I am shopman to a pawnbroker. I produce two shirts, pawned by a lad, on the 21st May, in the name of George Clink.
Floyd's Defence. I was drawn into it then—a young man, named Small stole it, and he was sentenced from this bar.
(JOHN JEFFREYS, a baker, King-street, Deptford, gave Floyd a good character.)
FLOYD GUILTY . Aged 18.— Transported for Fourteen Years.
DUNTON— NOT GUILTY .
1568. THOMAS M'CANNON was indicted for stealing, on the 28th of June, 1 cap, value 6d.; 1 pair of socks, value 9d.; 2 handkerchiefs, value 2s. 6d.; and 2 shillings; the goods and monies of Donald M'Kay.
DONALD M'KAY . I am a baker, and live at Woolwich. I made a holiday on the 2nd of June, and went to Gravesend—I returned at ten or eleven o'clock, and got a lodging out—the prisoner slept in the same bed with me, but he was quite a stranger—he came to bed afterwards, while