CENTRAL CRIMINAL COURT.
NINTH SESSION, HELD JULY 6, 1835.
MINUTES OF EVIDENCE,
Taken in Short-hand,
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 Stephen Gaselee, Knt., one of the Justices of His Majesty's Court of Common Pleas; Sir Joseph Littledale, Knt., one of the Justices of His Majesty' Court of King's Bench; Sir William Bolland, Knt., one of the Barons of His Majesty's Court of Exchequer; Sir John Bernard Bosanquet, Knt., one of the Justice of His Majesty's Court of Common Pleas; and Sir James Parke, Knt., one of the Barons of His Majesty's Court of Exchequer; Samuel Birch; Esq.; John Thorpe, Esq.; Mathias Prime Lucas Esq.; Charles Farebrother, Esq,; William Taylor copeland, Esq.; Sir Chapman Marshall, Knt.; Thomas Wood, Esq,; and John Lainson, Esq., Aldermen of the said City of London; John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arbin, 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.—NINTH SESSION.
A star (*) denotes that the prisoner has been previously in custody—An obelisk (†), that the prisoner is known to be the associate of bad characters.
LONDON AND MIDDLESEX LARCENIES, &c.
OLD COURT.—Monday, July 6, 1835.
First Jury, before Mr. Sergeant Arbin.
1608. ANN SMITH was indicted for stealing, on the 1st of April, at St. Luke's, 2 pair of scissors, value 1s.; 1 pair of stockings, value 2d.; 1 night cap, value 2d.; 1 pair of shoes, value 6d.; 1 book, value 1s.; 1 rule, value 6d.; 1 100l. bank note, 1 50l. and 5 10l. bank notes, the property of William, by Divine Providence, Archbishop of Canterbury, primate of all England, and Metropolitan; and GEORGE SMITH , for feloniously receiving the same, well knowing them to have been stolen.—2nd COUNT, stating them to be the goods and property of the Right Honourable Sir Herbert Jenner, Knight, Doctor of Laws Official Principal of the Prerogative Court of Canterbury.—3rd COUNT, of the Dean and Chapter of the Cathedral Church of St. Paul's, London.—4th COUNT, of Joseph Phillimore, Doctor of Laws, Commissary General of the Dean and Chapter of St. Paul's London.
MESSERS. ADOLPHUS and CRESWELL conducted the Prosecution.
RICHARD WILLIAM JENNINGS . I am a proctor, residing in Doctors' Commons, It is exceedingly difficult to limit the extent of the Archdiscese of Canterbury—Baltic-street. St. Luke's is in the peculiar of the Dean and Chapter of St. Paul's, in all cases of practlee—I have no means of judging but by the rules of the Court, in taking out administration—I was employed with my father to take out letters of administration to Henry Roberts, deceased, with the will annexed—I produce the letters of administration, with the will annexed, which were extracted by us—they are issued from the Registry of the Prerogative Court of Canterbury, as the peculiar is exempt from the jurisdiction of the diocesan, from the circumstance of the deceased being possessed of property both within and without the peculiar—he left bona notabilia, within the province of the Archbishop of Canterbury—the letters of administration are dated 16th of May, 1835.
Cross-examined by MR. CLARKSON. Q. Who fills the office of ordinary of the diocese of Canterbury? A. The officer appointed immediately under the Archbishop is Sir Herbert Jenner, who, I apprehend, would fill the office of ordinary; but with regard to the province of Canterbury, I do not know how the term ordinary applies exactly; I apprehend the Archbishop is the ordinary—Baltic-street is an exempted jurisdiction, and not within the jurisdiction of an ordinary; for it has been held by the Judges that the peculiar is exclusive in those districts—I am not aware that there is an officer called an ordinary within the jurisdiction of the Archbishop—I am not prepared to say whether there is or not—the Bishop appoints
the ordinary in the jurisdiction of dioceses in England; but I am not prepared to state whether there are not exceptions to that—the deanery is an exclusive jurisdiction, and I am not aware whether the officer bears the name of ordinary; the ordinary is an official character, which so seldom occurs to us, that I am not prepared to sat who is the ordinary—Doctor Lushington is commissary—I do not believe there is an officer bearing the appellation of ordinary in this case; but there may be.
MR. ADOLPHUS. Q. Where a person dies possessing 'notabilia,' both within and without, has not the Archbishop the power of decreeing letters of administration? A. Most unquestionably, if they were altogether in the peculiar, the Dean and Chapter have the power of granting administraion—Doctor Phillimore is the Judge of the Court, and has the power in that case; Sir Herbert Jenner whould have the power where there is bona notabilia, Q. Is not the person who exercise anthority, jurisdiction, and judicial powers, in all those cases, the ordinary, in the point law? A. From the knowledge I have of the term ordinary, I should consider him so.
MR. CLARKSON. Q. The persons called ordinaries, within the province of Canterbury, would have jurisdiction over the personal property of persons leaving goods in an out of the peculiar? A. In each diocese, I apprehend, there is an ordinary, who would have jurisdiction of the property generally, of parties dying within that diocese, and having property only within that diocese; but the jurisdiction of the Archbishop is founded in the property being in two jurisdictions, and his authority being over all the province, but he exercises his right only when there is property in different jurisdictions.
HENRY WATTS . I am clerk to Mr. Dyke, proctor of Doctors' Commons, and deputy register to the Dean and Chapter of St. Paul's Baltic-street is within the peculiar—the Commissary General, appointed by the Dean and Chapter, is Dr. Joseph Phillip—I have his appointment here.
CHARLES SIMPSON . I am clerk in the Bank of England. I produce a book, containing an account of notes paid as dividends—on the 15th of November 1833; there is an entry of notes paid to the name of Roberts—there is one for £100, dated 28 October, 1833 No. 7495; a £50, No. 13622, dated 12 October, 1833; a £20, No. 2179, dated 11 October, 1833; a £10, No. 3091, dated 26 September 1833. These entries are in my handwriting.
WILLIAM PAWLEY . I am a clerk in the Bank. I produce of £100 bank note No. 7495, dated 28 October, 1833; on the top of it is the name of "Susan Mully, 6, Baltic-street, Old-street St. Luke's;" a £10 note, No. 3091, date 4d 26 September, 1833, that has the name of Mully on the back and a £20 note, No. 2179, dated 11 October, 1833, with "Susan Gillman" written on it.
CHARLES JAMES BEETSON . I am a clerk in the Bank of England. I took in this £100 note on the 2nd of April—I paid soverigns for it—It has on it "Susan Mully, 6 Batlic-street, I have added to it," Old-street St. Luke's in my own handwriting—I charged this £10 note at the same time, and wrote on it" Mully "—I paid it to the same person, at the same time, in sovereigns—I paid this £20 note on the 3rd of April—I wrote on the £100 note, "Old-street" by information from the party.
SUSAN MULLY . I have come here in custody to give evidence—I was committed by Mr. Broughton, the Magistrate—I lodged in the prisoner's house, No. 16, Baltic-street, Old-street—an old gentleman named Roberts,
lived there—I have lived there years next February—he lived there a long time before me—he appeared to be very old, and was in bad health for the last three of four months—he occupied the first-floor back room—he had no servant or attendant—the people in the house did for him what little he allowed to be done—I have heard Mrs. Smith say he was either rich or poor—the prisoners were in indifferent circumstances, like myself—I have borrowed 1s. of them, and they of me frequently—before April, this year, I observed that Roberts was much worse, and Mr. and Mrs. Smith also observed it to me—on the 1st of April, at seven o'clock in the morning, I was near the door of Roberts's room—the door was shut; but I, Mrs. Gibeling, and Mrs. Payne (the prisoner's sister) opened it.
Q. How came you to open it? A. Because I had heard he was dead—that induced me to open the door—we opened it gently, and saw Mrs. Smith down on her knees at Mr. Roberts's box, which was open—I saw her take a bag from the box, twist a string round it, and put it into her pocket—she then came out of the room—I had drawn the door nearly too, but still could see through—when she came out, she said she thought the old gentleman was dead, would I go in and see—I found him, in my opinion, dead—his jaw was dropped, his eyes open, and his fist clenched—he was dead—I asked Mrs. Smith for some silver to close his eyes—she said she had none—I took some from my pocket—I Cannot remember what it was—I think it was copper money, and I closed his eyes with it—I asked Mrs. Smith for a handkerchief to tie his jaw up—she gave me a common blue cotton one, and I tied his jaw with that—Mrs. Gibling assisted me—I then straightened his hands, and retired to my own apartment, which was on the same floor, to breakfast—Mr. and Mrs. Smith and Mrs. Gibling were present at breakfast—we all breaskfasted together—during breakfast Mrs. Smith said she did know who to call in to lay him out—he was stretched at full length across the bed, but was no tlaid out—Mrs. Gibling, myself, and Mrs. Payne proposed to lay him out—Mrs. Smith said she would give us 2s. 6d. each; which she did—that is the usual sum—we laid him out on the bedstead—Mrs. Smith sent Mrs. Payne to fetch a sheet and table-cloth out of pledge to lay him out with—she returned with them, and we laid him on the bed—we then went into my room, and Mrs. Smith gave me a sly nudge to follow her into Roberts's room again—we had not finished our breakfast then—we then went into my room, and Mrs. Smith gave me a made the observation, that—we went into his box before—his boxes—I did not tell her that I had seen her look into his box before—she took the keys either from her person or the table and unlocked the box—I saw took the keys either from her person or the table and unlocked the box she took the keys either from her person or the table and unlocked the box—I saw her lift the lid of the box up; and she said she had come up as late as twelve o'clock last night, and found him much worse and had taken the keys down stairs to her own apartment—she opened the box and these was down stairs to her own apartment—she opened the box and there was a place called a till—she opened it, and took a book from it, and in the book were some Bank-notes—she took one for £100, one £50, and five or six £10—I cannot say which—she said she would take them—I advised her not—she said they would never be traced—how could notes be traced; and that the old people (meaning Mr. and Mrs. Roberts) had got plaenty to come to without that—she put the book back into the till, and put the notes into her pocket-we went into my room again, and she gave Mr. the notes into her pocket—we went into my room again, and she gave Mr. Smith a £10 note to get changed—he asked her no questions about it, that I recollect—he went out, and when he came in, he brought nine sovereigns and one pound in silver—he said he had got it changed at Mr. Boll's, at the Goat, in Golden-lane—Mrs. Smith took the money—I saw them
repeatedly in the course of the day—Mrs. Smith sent for Mr. Hyde, a chemist, who employed the deceased, to tell him of his death—we dined together and Mr. Smith got very much intoxicated—he was quite overpowered and obliged to lie down towards the afternoon—Mrs. Smith said she should give me 25l.—I was foolish enough to take it—she gave me two £10 notes then, and five sovereigns after she got the £100 note changed—she asked me the following morning to take a walk with her to the Bank of England—as we were going she gave the £100 note into my hand and said and said, "You had better take it, and get it cashed"—I was never in the Bank before—I presented it to a gentleman down stairs, who said I must take it up, and when I got up, they said it was an old note, and I must take down, which I did—they indorsed something on the note, and sent me up with it again—I got the money for the note Mrs. smith said, "All sovereigns," and I got all sovereigns—I wrote my name on the face of the £10 note at the Bank, by the gentleman's desire—I believe Mrs. Smith can write, but indifferently—this is my witting on the note—I did not write "Old-street, St. Luke's" I wrote my name, and Baltic street I did not notice the clerk write what is here—I do not remember that I was asked where Baltic-street was—I changed the £10 note at the note at the same time I wrote nothing on that I cannot swear whether this is the note or not—when we came away from the Bank we went to the Old Bailey and had some dinner, and then went to Waterloo-house, in St. Paul's Church-yard, and bought a black silk dress each, and a shawl, and sundry little things—we paid 2s.4 1/2d. a yard for the silk—I cannot remember how much we paid in all—the prisoner worse the same shawl on Sunday, at Highgate, and she wore it at Worship-street—Mrs. Gibing assisted me to lay out the lay out the body—Mrs. Smith gave Mrs. Gibing one sovereign, and forgave her 2l. she owed in back rent, as a compensation for that I belive nothing more based till Mr. Robert came to town, which was on the Saturday—the two prisoners bought, before he came to town, a bedstead, a carpet, a hearth-rug, and several little articles—I think nearly a month had elapsed before Mrs. Roberts questioned me on this matter—she seemed to be acquainted with what had taken place—I was taken before the Justice at Worship-street in a coach, by Mr. and Mrs. Roberts, and Mr. Jennings, the proctor—I had spent the best part of my 25l. then—after I had been examined several times, the Magistrate committed me to give evidence I saw the shawl on Mrs. Smith's back at Worship street something was said about the shawl before the Justice it was taken from Mrs. Smith to the shop I went to the shop and my own shawl was taken as well—I do not remember that Mrs. Smith said any thing about the shawl—she was not willing to resign it.
Cross-examined by MR. PHILLIPS. Q. Are you married? A. I am a widow—I live at No. 6, Baltic-street, Old-street, with my two Mr. Gilman lives with me—I have known him fifteen years—I have one room—I cannnot form any idea how long he has has lived with me—he has lived for a month at a time—we have one bed in the room—one of my children is about four years and a half old, and the other about eighteen months old—I have been a widow eight years next month—one of the children slept in the bed with me—Gilman slept in the same bed occasionally, and nobody else but the baby—Gilman is my brother-in-law by marriage, and my friend—I get my living by needlework and by an income that I receive monthly, which the prisoners knew—I receive the income from a party that I have known for years—I have an objection to give the name of the party—It is not from Gilman I have the money—I do not
choose to tell you who I receive it from—the room Roberts died in is a small back room, about as large as the table of this Court—there is a bed in it and two boxes—the box at which I saw the woman kneeling was about five or six yards from where I was at the further end of the room—the opening of the door did not make the least noise—I opened it quietly, by Mrs. Payne's desire—It was not my business to mention it to the female prisoner that I saw her at the box in the morning—I could have got into the room—the door was not kept locked until within the last week or fortnight—I never was in the room but in company with Mrs. Smith—I do not know that my key opens that door—I have never tried it—It ought not—I mentioned at Worship-street that door—I have never Robert's room the night before, and taken the keys down what I said was read to me, and I signed it I said there that I advised her not to take the notes, and that she said nobody could trace Bank notes—I mean to swear that deliberately.
Q. Was it not that you advised her not to take the £100, as it was a large amount but she said she would take them all? A. Yes, Sir not to take the notes or at any rate, not the £100 note, as it was a large amount, and she would find a difficulty in getting it cashed.
Q. Do you still persist in saying that you advised her not to take the notes, and she said noboby could trace Bank notes? A. Yes, it was in my room that Mrs. Smith gave her husband the £10 note—he wished to go for Mr. Hyde, and she wished to stop till the room was cleaned—he said the sooner Mr. Hyde was sent for the better—there was one £100 note and one £10 note—that was all I changed at the Bank.
Q. Do you know this £20 note now be careful in the answer you give me? A. I never saw that note in my life—this "Susan Gilman" on the note is not my writing—I never saw it in my life—my room is on the same floor as Mr. Roberts's—I was examined five times—I did not say on the first examination that I peeped through the key-hole—It was through the crack of the door—I swore the truth—I did see her through the key-hole, but through the crevice—Mrs. Gibing was looking with me—we both looked through the key-hole and through the door likewise, at different times—Mrs. Smith was at the box a couple of minutes—we did not speak to one another that I remember—I bought a glass and some other things—I spent all the money, and more too—I was not without money at Mr. Robert's death—I did not spend all the money in things—I gave some to Gilman—I gave him £12 or £13—I misunderstood you when I said I laid out all the money; I thought you meant had I expended it all—I expended 1l. 4s. in taking articles of dress out of pledge—I had wearing apparel in pawn, though I had money before I had paid my rent—this shawl I now have on is what I bought, where Mrs. Smith bought here—I am not ashamed to wear it, as fast as I can—I have seen Mrs. Roberts every day I have been here—I was here from this day three weeks until the Friday, and I saw her every day that week.
Q. You say that at Worship-street you swore you advished her not to take the notes, and particularly the £100 note—did you mention about the £100 note? A. I think I did—I do not think I said that Mrs. Smith said that the old people would have enough coming to them—I certainly have remembered many little things since—having been in prison so long, I have had time to bring every thing to my recollection—I do not remember
that Mrs. Payne peeped through the door—but her sister made her a present of money—she is her sister by marriage—I did not see this £20 note at Worship-street—I saw the £100 note—I was at liberty after every examination but the last, and then I was sent to prison, the same day that this £20 note was mentioned to me by Mr. Brongton, but I did not see the note.
MR. ADOLPHUS. Q. You went at large after the four examinations? A. Mr. Roberts entered into recognizance for my appearance—my husband was Gilman's wife's brother—Smith knew that I lived and slept there with Gilman; and made no objection to it—I had not key to my door but what Smiths' furnished me with, till I lost so many things that I sent for a man to alter the key, but it is the same key I never tried it to Roberts's door—the notes were not stolen at the time I was looking through the key hole and crevice, but half-an-hour afterwards, when Mrs. Smith and I were in the room.
MR. CRESWELL. Q. Did you say, "There was one £100 note one £50 note, and five or six £10 notes—the female prisoner put the notes into her pocket, and put the book back again into the box—I said she had better not take the £100 note, as that was a large amount she said she would take them all—when she took the notes out of the till in the box, she said, the numbers could not be traced, there would be no inquiry about it she told me she took possession of the keys and of Mr. Roberts's boxes twelve o'clock the night before, when she thought he was dying?" A. Yes; I said so.
JOSIAH ROLLS . I keep the Goat public-house, Golden-lane, St. Luke's I know the prisoner George Smith—I recollect his changing a £10 Bank note with me—I cannot say when nor what change I gave him—I had not changed a note for him before to my recollection and certainly not since.
MARTHA GIBLING . I am married. On the 1st of April, I lived at No. 6, Baltic-street. I was with Mrs. Mully at the door of the deceased Mr. Roberts, about seven o'clock or a little after seven that morning—I was in bed when I heared Mrs. Payne come up stairs, she is Mrs. Smith'sister I heard them talking—I came down stairs, she is Mrs. Smith's sister—door—she opened Mr. Roberts's door—I was close behind her—I saw Mrs. Smith on her knees at Mr. Roberts the deceased's box—I saw her over Mrs. Mully's shoulder or by her side—Mrs. Mully then drew back and we closed the door a little, but not quite, and we saw through the crevice of the door, Mrs. Smith rise up from the box and put something into her pocket—It was a bag, but I do not know what was in it—It appeared to me like a yellow bag—I went up stairs, and came down again—but Mrs. Mully said, she would wait, and see Mrs. Smith and let her know that she had seen her at the box—when I came down in a very few minutes, Mrs. Mully said the old gentleman was dead and asked me to assist in tying up the jaws—I assisted her, and went up stairs again and put on the rest my things I then came down again, and Mrs. Smith and Mrs. Mully were standing in Roberts room the had got Mr. Robert's box open and I saw Mrs. Smith had some Bank notes in her hand, but what number I cannot tell—they seemed to be in a roll and Mrs. Smith was holding them to Mrs. Mully, spread out I did not hear anything that passed I stood at the door a minute or two—they turned and saw me, and they left the room immediately—Mrs. Smith rolled them up, and put them into her right-hand pocket—we then went into Mully's room and had breakfast—It
was then agreed that I should assist in laying out the body; we were to have half-a-crown each; but Mrs. Smith gave me a sovereign beside the half-crown, and 2l., which was back rent, she forgave me—there was not other resons for her giving me that but my assisting to lay out the body—from that time we observed that the Smith had more money than usual—I did not receive any thing more from any one, barring an apron, which Mrs. Smith gave 1 shilling for—I was present when Mr. Roberts came to town; that was on a Saturday morning and on the Sunday or Monday I gave information—no one promised or threatened me any thing, but I did it of mu own mind and in consequence of what I said the proceedings were begun, which ended in this trial.
Cross-examined by MR. CLARKSON. Q. Do you live with your husband at this place? A. I do when he is in town, but he is now an invalid is the Bath Infirmary—he went from me on the 13th of April last—he had been living with me till that time—he never left me in his life—I came down stairs as Mrs. Mully was opening her room door—her room and Mr. Roberts's were both on a floor—I saw all that she did—she first opened the door and looked in, and I looked over her shoulder, or by her side—I did not see it in any other way—I did not took through the key hole, but Mully did—I looked through the crevice of the door—that was after she had opened the door—It was a box that Mrs. Smith was kneeling at—It might be about half as far off as you are from me—It is a very small room—I did not stop till Mrs. Smith rise from the box—she put the bag into her pocket—I did not see her put any thing back into the room—I know Mrs. Payne; she lived servant to Mrs. Mully—I cannot say how long she had lived so, but suppose about three or four months she did not sleep in the house, but she took her meals with Mrs. Mull she was there that morning, and it was from her I heard that the old gentleman was dead I believe she was in the passage when Mrs. Mully was peeping in—I am sure Mrs. Mull said she should wait till Mrs. Smith came out, and let her know that she had seen her at the box—she said that slowly—Mrs. Smith was in the room at the time—I did not hear Mrs. Mull say she never kept a servant—I do not know whether she called Payne her servant or not but she did her work—Mrs. Smith told me that Mr. Roberts was coming to down, and got me to clean the parlour—I knew there was a letter sent by Mr. Hyde—I did not know what day Mr. Roberts was coming—my maiden name was Duffield—I have been married eighteen years—I do not recollect where I was in 1818 or 1819—I was living at Thetford, in Norfolk—I have been in Theford court many times to hear the trials, but was never under any charge, or in any trouble—I was once in a watch-house, about four months ago, because a woman and I had some words—I never was in any difficulty about a pocket-book that I can swear.
MR. ADOLPHUS. Q. Is Mrs. Payne any relation to these prisoners? A. She is Mr. Smith's own sister—I have never lived apart from my husband in my life, and never was under any charge.
THOMAS EAGLE . I am an officer of Worship-street. I apprehended the prisoners on the 4th of May—after I had locked them up, I went to Mrs. Smith for the key of her room—she said I was quite welcome to search her place. I should find one £10 note there and money which was saved to pay her rent and taxes—I went to the house, No. 6, Baltic-street—I
found there these four receipts and two pounds ten shillings in gold and silver in one drawer, and 15l. in gold in this box—In another drawer I found this book, this pair of shoes, this pair of stockings this night-cap, and some other things on the Wednesday afterwards, I went to No. 3, Baltic-street, where I had previously seen the male prisoner—I there found this book of the Savings-bank at Charging-cross, with an account of a deposit of 30l.—It was sewed up in a flock pillow very curiously, with flock, I believe between all the leaves or every other leaf which prevented it from making a noise—there were several saving—banks nearer than that—I know of four that are nearer, and there may be more—I produce a duplicate of some silk, pawned for ten shillings in the name of Ann Bowyer, on the 18th of May, which I got from Mr. Humphreys, in the presence of Mrs. Bowyer.
Cross-examined by MR. PHILLIPS. Q. Did you not find this book also? A. I found a book answering this description—I cannot say whether it was this or not—It was a book containing an account of two sums of 30l. each, deposited in 1828, and taken out in 1830.
MARY DUNN . I live in Paragon-street, the house No. 6, Baltic-street, is mine—the prisoners were my tenants for seventeen years—this is my receipt, it was written on the day it bears date—(read)" Received of Mr. Smith, on the 24th of April, 1835, six pounds, for one quarter's rent to Lady-day"—they were in general pretty regular in paying their rent—sometimes they paid by instalment.
Cross-examined by MR. CLARKSON. Q. Did they deserve the character of honest people? A.Yes.
GEORGE HADDEN . I live at Clapton and am collector to the New River Water Company—this receipt is for twelve shillings being half-a-year's water-rate, due at Christmas and paid to me on the 3rd of April last—they always paid me about the same month for fifteen or sixteen years.
JOHN BIGGS . I am a collector of the paving and lighting rate of the parish of St. Luke. This receipt is mine; it is 7s. 6d. for the paving and lighting rate, paid on the 21st of April, by the prisoner Smith.
ANN BOWYER . I am a dressmaker. I was employed by the prisoner Mrs. Smith—I made her two or three dresses—the last was a black silk dress; and when she was in Clerkenwell, she sent to me to know if I would make money of that dress, and send it to her—I pawned it—she said to me and the woman who went with me, that there was a book in the bolster and she wished it could be got out—she had then been one clear day in prison—my husband heard me and the other person talking aboat it—he wished to know what it was and I told him—I believe he told the officer—she said it was a book she wished to have Out—she did not tell me to get it.
Cross-examined by MR. PHILLIPS. Q. How long have you known these people? A. From eight to nine years, I have worked for this woman—In any opinion they had a very good character—I made one silk dress for her once before; that is eight or nine months ago.
WILLIAM MORTON . I am in the employ of the Provident Savings' Bank at St. Martin-in-the fields. I produce the book of deposits—I have an entry corresponding with the entry in this book (reads)"71, 640, Ann Smith, married—I have another entry signed 6 April, 1835, £30;" it is signed by Ann Smith—I have another entry signed by George Smith, giving authority to his wife to pay monies, or to draw them—I do not know either of the prisoners.
GEORGE LLOYD . I live in Britannia-street, City-road. I know both the prisoners—I lived with them for four years—I have seen them write frequently; this entry of Ann Smith resembles the hand writhing of Ann Smith, and I believe it to be hers; and this signature, "George Smith," is very like the man's writhing; it exactly resembles what I have seen—I think it is his.
Cross-examined by MR. CLARKSON. Are you the gentleman who went away in arreser? A. I had missed several things out of my room, and in consequence of that I rejected paying my rent at that moment, but I am willing to pay my rent—I know Mr. Mully, but I do not know her and writing.
ROBERT ROBERTS . I live at Manchester, and am a sawyer. The deceased, Henry Roberts, was my brother—I saw him alive twelve months ago last May—I had not seen him before for fifty-four years—I came to town on Saturday, the 4th of last April—I went to Mr. Hyde, who had sent me two letter, and he told me to go to Baltic-street—I found a will sad a bit of paper besides I have since taken out letters of administration—my brother had told me he was worth a good bit of brass—I saw the officers find these scissors and things.
Cross-examined by MR. CLARKSON. Q. You wanted your brother to come and live with you? A. Yes; but he said was very well taken care of by Mrs. Smith—I wanted some brass of him, and he said he would go and see if he could get me some, and he went up stairs and brought me some down.
MR. ADOLPHUS. Q. When did you see your brother? A. Last may but one—he let me have fourteen half-sovereigns at the time—Mr. Jennings found a good deal of property in the Bank.
SARAH ROBERTS . I came up with my husband in consequence of the death of his brother—I was at Worship-street office and as I was going down the stairs, the prisoner, Mr. Smith, said to me, "Mrs. Roberts, I beg you a hundred pardons, I hope will be merciful to me; I am willing to give my share up, if Mrs. Mully will give hers up"—when she said that, the officer came up and said, "Go on. "
Cross-examined by MR. PHILLIPS. Q. Were you examined as a witness? A. Yes; the examination was over then—I did not go back and tell the Magistrate this, as I thought it was over then—I had not gone out of the office, I was going out—I was not in the same room with the Magistrate; we were going down stair—the officer came up—I suppose he heard something of this—I cannot tell how near he was; whether he was within, one yard, or five yards, or a hundred yards.
MR. ADOLPHUS. Q. Did you go before the Justice again the day? A. No; 1 was examined to tell what I knew after this conversation, but I did not tell it—the officer was coming along when Mrs. Smith said this, and he said, "Get on. "
MR. PHILLIPS. Q. Were you not sworn to tell the whole truth? A. Yes, I was; but it was after that that she told me this—before that, I mean.
Q. You swore you were-examined after the woman stated this; is that true? A. It is true what she said to me—I have told the truth—I cannot give any reason why I did not disclose to the Magistrate what I have told here to-day, about this woman asking forgiveness and offering to give up one share—I belive I was sworn to tell the whole truth, but I thought Mrs. Smith would turn the money—I have spoken the truth and no more—I told truth, that is all the answer that I can given you—I have left my tongue behind me at Manchester.
Q. Do you know any thing of the solemnity of an oath, of do you care what you swear; is it true that you kept that back, and thought that Mrs. Smith would turn up the money? A. I have told truth; I can say no more.
Q. I ask you, in the presence of the Jury and of your God, did you take an oath at the police-office or not? A. I spoke the truth and stated the truth Sir,
JURY. Q. Would there have been any prosecution if this money had been returned? A. I know nothing, only that she said she would give up hers, if Mrs. Mully would give up hers.
MR. PHILLIPS. Q. Now heard the question the foreman of Jury, put would have prosecuted or appeared in this business if the money had been paid? A. Yes, I dare say we should—Mr. Jennings was the gentleman who put the prosecution forwards—we should have been what he directed us—I did not send any message by Mr. Jennings to the prisoners, nor did my husband—I never gave him any money to give the prisoners, nor did mu husband—he went with us to the prison—It was left entirely to him—I might desire him to say something to the prisoners, or I might not, I cannot say.
Q. Will you swear you did not? A. Perhaps in this length of time I have forgotten it—you ask me so many question, I cannot give you an answer—I have no more to say—I never said I would settle this for 200/. nor for any sum, I swear I never did—I never went with Mr. Jennings to the prison my life.
Q. I thought you said you sent? A. Yes when he took us altogether in the coach to Worship-street—I did not desire him to say any thing to the prisoners on the subject of this prosecution, but he was the conductor of it; that is all know.
MR. ADOLPHUS. Q. At any time, you were at the police-office, did any body put a book into your hands, telling you to give true answers, and take down what said? A. Yes, sir, the first time, that was when the prisoners were taken: I had no authority to settle this it was not in my power; the property did not belong to me, it was my husband's
ROBERT BALES . I am one of the clerks at Worship-street. I took this depositions this case; they were read over to the witness, and after they were singed, I saw Mr. Broughton sign his name—I recollect Mully being interrupted by the female prisoner and I was told to take it down (read)—"the dress I bought was thirteen yards at 2s. 41/2d. a yard, and the shawl was 19s"—the female prisoner here interrupted, and said, "You gave 25s. for the shawl.
Cross-examined by MR. CLARKSON. Q. I believe the Magistrate, the witness, and the prisoner, are all higgledy-piggtedy at worship-street?
A. It is certainly rather inconvenient—It was Mr. Creswell who directed me to take down this interruption in writing, and intimated that it might be very imported; the Magistrate was not there—I could not say whether Mrs. Roberts was sworn and examined—I was not present (I think) if she was.
MR. CRESWELL. Q. When you have taken the deposition are they bot taken the Magistrate, and then read over to them? A. Yes,
COURT. Q. If she had been sworn, would it not have appeared on the deposition? A. it might not—It might not have been though material.
MR. PHILLIPS to SARAH ROBERTS. Q. Did you not say in the presence of Mr. Prior that the parties should not be prosecuted if they gave up all the money, and their own furniture besides? A. No, I did not, it was not in my power.
COURT. Q. Do you know prior at all? A. Yes, I know him by sight—he came for the rent to Mr. Smith's very Monday morning, that is all I know of him.
MR. CLARKSON to MR. JENNINGS. Q. It was through your instrumentality that this case was brought forward? A. I have had frequent communications with Mr. and Mrs. Roberts—I heard from Mrs. Roberts that the female prisoner had somthing more to say—I would go and see her—I do not know, from Mr. or Mrs. Roberts, that they offered to aceept the money beck from these people, and the produce of the sale their furniture—I recollect an observation made, the terms of which I cannot recollect; but the effect was, that the money would be very desirable and they would rather have the money—I pointed out to them that it was not merely to aggrandize themselves; I believe they would rather have had the money, but I believe it was from their having been seven times (I think) to Worships-street.
MR. ADOLPHUS. Q. Were you ever the bearer, from Mr. Or Mrs. Roberts, of any request to these people to give up the money, and the prosecution should be given up? A. I should have spurned at being the bearer of such a message—I told her the object of the prosecutions was to punish crime.
Ann Smith's Defence I am not guilty—what these two witnesses have sworn to is entirely false.
(Mr. London, Clark's-place, St. Luke's William collier, sack maker, Helmet row; Robert Bolton, coach-paster, Baltic-street; James Holman, up holsterer, Paul-street; Mrs. Taylor, Old-street; Thomas Treacher, tailor, Baltic-street; John Drake, shoemaker, Graham-buildings; George Gillett, pewterer, Hox ton; James Ward, coal-dealer Golden-lane; Mrs. swan Mrs. Martin; and Mrs. Wynn, gave the prisoner a good character.
ANN SMITH— GUILTY . Aged 40—Re commanded to mercy by the Jury— Transported for Seven Years.
GEORGE SMITH— NOT GUILTY .
OLD COURT, Tuesday, July the 7th 1835.
Second Jury, before Mr. Sergeant Arabin,
1609. WILLIAM SWAIN was indicted for stealing, on the 28th of June, 2 shirts, value 3s., 2 pair of stocking, value 1s.,; 1 pair of socks,value 6d.; and 1 waistcoat, value 2s. 6d.; the goods of Thomas Cooper Metcalf to which be pleaded
GUILTY . Aged 34— Confined Three Months.
1610. JOHN BARRY was indicted for stealing on the 1st of July, 1 glass bottle, containing oil, value 2s. 6d., and 6 other glass bottles, containing smelling-salts, the goods of John Gonell and others, his masters and mistresses.
MR. CLARKSON conducted the prosecution.
EDWARD GOSNELL . I am one of the firm of John Giselle and Co.—there are four partners-we live in Three Kings-court-the prisoner was in our service for nearly sixteen years—he had 26 a week, and 2s. 6d. besides, for being employed at dinner time—his situation was a very light one-in consequence of suspicion, last Wednesday, I went into the upper warehouse and observed a brown paper parcel in the prisoner's last which excited my suspicion—I allowed it to remain there till his dinner time which would be in about a quarter of an hour-we then had him called down to tie some parcels up and as he was going out I stopped him at the door and asked him to walk into the counting house—I asked him to show me what he had in his pockets-on examining them, he had nothing there—I asked him for his hat—he had put his hat down on entering the counting-house—I found the same parcel in it, with his pocket-handkerchief over it-it contained six bottles of salts and oil—I said, "Whose parcel is this?"—he immediately said it was ours—I said, "How came you to take it? you are a last man now we have warned you often—enough and are now determined to punish you as for as we can "I asked what he had taken the night before—he said, "Nothing" I asked what he took the morning before he said, "A parcel of grease" he said then was a Jew near Bishopsgate-street, who he used to meet and give these things to this property is ours.
GUILTY . Aged 29.— Transported for Seven Years.
EDWARD RIDGEWAY . I am a student at Jesus College, Cambridge. On the night of the 2nd of May, about eleven or twelve o'clock, there was a fire in my bed-room in the College—I had gone to bed about half-past ten o'clock—I had to £50 Bank notes in my room I but them in to my tron-pocket, and placed my trousers in my bed room I got up when the fire happened, and took all my clothes out my bed room and placed them in my dressing room I then went to get assistance to put the fire out—I had left a candle on a chair by my bed-side, and fell asleep, and the curtains caught fire—It was put out afterwards—I was obliged to remove to the other room in the middle of the night—and in the morning when I sent for my clothes to put on, I found the notes were gone—I heard nothing of them until the other day—I should not know the notes again—the prisoner had been ostler at a livery-stable at Cambridge, where I kept my horse—the stables are a quarter of a mile from my room—he could not have been there in the course of the night, because the gates of the College are kept locked—my trousers were in my dressing-room—I sent the porter for them in the morning-the gates of the College are opened about six
o'clock in the morning—I got up about half-past eight o'clock—I do not know whether my outer door was shut or not.
CHARLES CROWTHER . I am a porter at the Belle Sauvage. I saw the prisoner on the 11th of June, about four o'clock in the afternoon—he arrived the previous evening, by the Lincoln coach—It does not pass through Cambridge—he got down from the coach and had no money to pay his fare except a £50 note which he tendered—Mrs. Nelson gave me a £50 note—I was present when the previous taken, and saw another £50 note found on him.
Cross-examined by MR. PAYNE. Q. All you know is you took the same note to the bank as Mrs. Nelson gave you? A. Yes; I wrote my name on it.
MARY NELSON . I keep the Belle Savage. I was at home when the prisoner arrived by the coach—the coachman came to me to change a £50 note which he had received from the prisoner—I objected to do it—the prisoner was with the coachman and beard at that passed—I thought it very suspicious and would not give change—I advanced five sovereigns to him on it, and gave Cowherd the same note to get changed—the prisoner applied to me for the remainder of the money—I asked how he came by the note—he said he had sold a horse to Mr. Ridgeway for £35., and received the £50 note which he had presented to me from Mr. Ridgeway as payment for the horse out of which he had to return him change—an officer was sent for and he was apprehended.
Cross-examined. Q. what day did he come to you? A. On wednesday night, the 10th of June, about twelve o'clock I took the note up stairs and put it in to my iron safe I had the the conversation with him the same night I send the porter to the Bank about 10 o'clock in the morning.
JOHN POTTER . I am clerk at the Manchester Bank, Jones, Lloyd, and Co. The prosecutor cashed with us I paid him, on the 1st of May, two £50 notes, No. 10, 226, dated September 22, 1834, and 10, 227, dated the same day.
Cross-examined. Q. What are you speaking from; a memorandum made by yourself? A. Yes; at the time I paid the notes—this is a copy of the note-book, which is not here; but here is the cheque which I paid; and on it I have made the memorandum of the notes and I have made a mark on the notes which you will see.
Cross-examined. Q. At what time do the College gates shut at night? A. Ten o'clock—I do not know whether my outer door was shut when I went to bed—I believe it was—I saw the notes just before I got into bed—there is a door from my dressing-room to my bed-room—several persons came into my room to assist in extinguishing the fire—the prisoner was not one of those persons—I did not see him there at all—I went to sleep in another room close by—I rather think my room door was open—the passage lends into the green—I do not know the notes at all—I have no mark on them—I believe the prisoner bore a very good character.
GUILTY . Aged 27.— Transported for Seven Years.
CHARLES CREASEY . I am a policeman. On the 15th of June about a quarter to eleven o'clock, I was in Gunnesbury-lane, Ealing and heard a very heavy fall—I listened and heard some voices, apparently of two men, in conversation—on going further I heard one of them say, "There is somebody coming"—I proceeded on and saw two men go from the ditch into the road—I went to the ditch and found a quantity of lead concealed in it—I crossed the road and saw them a-head of me—they turned back passed me, and bid me good night—I turned back and went to wards where the lead was—they passed it and went on about twenty yards into a field; and as I was under the hedge I heard one of them fall—I called out clambered up the bank, and found the prisoner lying down, pretending to be asleep I shook him I am certain he was one of the two men I knew him well before he had come back and got over behind the hedge I saw nobody near the spot but him and the other—I took him into custody—there were marks on his jacket and waistcost of lead dirt—Mr. Farmer's house is about thirty yards from and waistcoat of lead dirt—I found a mark on his gates where they had got over and a print in the ground where the lead had been pitched.
THOMAS FARMER . I live at Ealing. I examined my premises when the officer gave me information, and found lead removed—I have not a doubt that this lead came from my premises I had seen it two or three days before.
GUILTY . Aged 20.— Transported for Seven Years.
BENJAMIN BAILEY . I am an attorney. On the 4th of July, between four and five o'clock in the afternoon, I was at the end of Change-alley—I felt a tug at my pocket, and the prisoner passed my elbow very quickly—I saw him drop my handkerchief—I picked it up—he ran away; a policeman pursued him—I went to the post-office with some letters and on coming back, found him in the custody of Bates—this is my handkerchief.
Prisoner's Defence. As I was going along I saw a young man with a white handkerchief I his hand—he chucked it down—I picked it up and went across the street with it.
GUILTY . Aged 21.— Confirmed Six Months.
JOSEPH BEDDER . I am a clerk in the office of Woods and Forests. I was in King-street about half-past nine o'clock in the evening and I had a white pocket-handkerchief and did not feel it taken but I am certain I had
it safe there—I have not found it—I saw the prisoner in the custody of two gentlemen about a yard behind me—they called out that I had lost my handkerchief, and I immediately missed it.
EDWARD CHESTER . I am in the East India House. I was in King-street and saw the prisoner lift the prosecutor's cost tail up and take a handkerchief out of his pocket—there was a person close behind him, and in his company but I did not see him give him the handkerchief—I collared the prisoner immediately; he struggled to get away and dropped the handkerchief—I cannot say who took it up—fifty or sixty persons came round in three or four minutes.
GUILTY . Aged 22.— Transported for Seven Years.
MR. CLARKSON conducted the Prosecution.
CHARLES DOUGLASS . I live at No. 12, Claremont-square, Pentonville—I am not in any business. On Friday the 12th of June, a little before six o'clock, in the evening, I was in my garden—my servant Ruth Whiting, came to me and in consequence of what she told me, I came out of the garden into the parlour instantly—I had been in the parlour and had not left it above a minute or so—I left my gold spectacles on a corner of the table—when I came into the parlour, I found the prisoner there—I am not at all acquainted with him—he was sitting on a chair—he got up—I asked him to sit down—he was about seven feet from where the spectacles lay when I left them—he said he was about publishing a work about as I understood, the interior of the Cape of Good Hope—he showed me a list of names of reverend gentlemen, a great many, as subscribers—I looked at it; and told him I had not the honour of knowing any of those gentlemen—he said that was
very likely, because they were all written with one hand as I understood him to say—he then showed me a pocket book with a vast number of names in it—I told him I was equally unfortunate in that I looked at a great many of them, and said there was none of them that I knew—I then asked him if he could recommend me to any persons in the neighbourhood who had subscribed—I did not subscribe—he left the house instantly—the conversation occupied not three minutes altogether, from the time he came into the house till he was out it—I had not occassion to use; my spectacles again that evening—I missed them next afternoon (Saturday when I had occasion to use them—I saw my spectacles in the Saturday week at Tottenham, in custody and saw my spectacles in the possession of Forster, the officer on the Tuesday, I think or the Wednesday—they were the same spectacles as I had left on the table before the prisoner came these are them, (looking at them)—when I saw the prisoner at Tottenham, the constable brought him out of the lock-up house—I asked him if he knew me—he said, "No—I asked him if he recollected there—I than asked him if he had seen pair of gold spectacles in the the table in my house he said "No" I said that was most extraordinary, because I had left them there when I left my room he then said, when he left my house he had no spectacles in his hand—I said that was very likely; but he might have them somewhere else—he said, "Do not you remember when you came into the room, that my hat was on the table?"—I said, "No; your hat was in your hand when I saw it"—I swear his hat was in his hand when I saw it—he then said, that after he went out of my house he had called at an inn to get some drink, or some refreshment I will not be positive which; that he took off his hat to take his handkerchief out of it to wipe the perspiration off his face as I understood him, and the pair of glasses and a pen tumbled out of his hat—I then asked him what he had done with them he said he had pawned them his hat was in his hand when I came into the room.
Q. Was his hat in such a position as it was possible the spectacles could be swept from the table into it? A. No; I saw a paragraph in the paper before I saw the prisoner in custody at Tottenham.
Cross-examined by MR. PHILLPS. Q. Had you advertised your spectacles? A. No; I went to the police and gave information on the Monday morning—I did not know they were advertised in the "Hue and Cry" then—I now it now—the information I got as to where the spectacles were was from the prisoner himself—I had no notion where they were during the week I missed them I should never have know, unless the prisoner had told me—the constable locked him up at Tottenham in first presented—I did not read them all—I saw the "Right Reverend" to them, and said I did not know them—I cannot tell how many names there were in the pocket-book—I only looked at two or three leaves—I did not read them—I might read some of them but there was none of them which I knew—when he pulled out the two books, he put his hat down on the floor, but not near the table—he put it down out of his hand, when he gave me the book—I did not observe whether he had his handkerchief in his hand—I did not see it—the officer was present at the conversation I had with the prisoner.
MR. CLARKSON. Q. Had the prisoner at any time in your presence been near enough to the table for the spectacles to have fallen from the table into his hat? A. No; I understood from the constable that be went with him to the pawnbrokers—that was after I had charged him with this offence.
JOSEPH FORSTER . I am a constable of Tottenham. I saw the prisoner on Saturday, the 20th of June in the custody of John Fowler, a constable of Tottenham—I saw Mr. Douglass about an hour after I first, a saw the prisoner—I had heard of his loss, and seen an advertisement in the Times newspaper—when Mr. Douglass came, I took him to the lock-up room, and soon as the prisoner came out of the room, I asked Mr. Douglass if he knee him he said, yes, he did Mr. Douglas asked him if he knew him, he said no he could not recollect him—Mr. Douglass asked him if he remembered being in Claremont square, on the 12th of June; he said, yes, he remebered it Mr. Dougless asked him if he knee any thing of his spectacles he said, when the left Mr. Doug lass's house he had know spectacles in his hand—Mr. Douglass said, "That is very likely but you had them somewhere else"—the prisoner said, he went to an inn, some time after leaving Mr. Douglass's house and he pulled off his hat to take his handkerchief out to wipe his face for he was very hot and a pair of spectacles and a pen dropped from his hat on his feet, on the ground—I then asked the prisoner what he had done with the spectacles—he said he had pawned them—I asked him where the
duplicate was—he said he had lost it—I then asked him where he had pawned them—he said he did not know the person's name—I then asked him in what name he pawned them—he said he pawned them in the name of Brown—I asked how far from Mr. Douglass's house he had pawned them—he said he thought about a quarter of a mile—he was remanded to Clerkenwell on Saturday night and on Monday I went round to find the pawnbroker's but did not that day—on the Tuesday after, as I fetched him from Clerkenwell prison he took me to Mr. Burgess's and I there found them.
Cross-examined. Q. Then you had no great chance of finding them, unless he himself had gone with you? A. I should not have found them—there was no evidence of his taking them except the account he himself gave of it—he answered every question plainly and frankly—I said I never knew a man convict himself so well as he did.
JOSEPH BURGESS . I am a pawnbroker, and live in Chichester-place Gray's-inn-lane. On Friday evening the 12th of June the prisoner pawned these spectacles—no conversation passed between us about them—he gave his name a Mr. Brown, Regent-street—I advanced him 10s. on them—I was not at home when he first came with the officer—he came twice—I delivered the spectacles to the officer.
Cross-examined. Q. They are very light spectacles are they not? A. Extremely light.
The prisoner being called on for his defence made a long and unconnected address the purport of which is as follows:—That on Mr. Douglass entering the room, he (the prisoner) had his hat in his hand—upen Mr. Doug lass asking what was his pleasure, he put his hat on the table; and during part of the conversation, Mr. Douglass, whom he understood to have been affected with palsy, stood shaking something in his hand (he could not tell whether it was the spectacles or not) very near the edge of his hat, appearing much agitated and angry and treated him very unkindly—the prisoner stood, with his hat on the table and took his handkerchief from his hat (as was his invariable custom when he went into a room) to wipe his face, and either placed his handkerchief on the side of his hat or into it the prosecutor then wiped at his book, and treated him very abruptly—on which the prisoner immediately left and he belived he slammed the door harder than he should have done, feeling displessed at his reception—that he had been calling for two hours and a half on other gentlemen in the neighbourhood for the purpose of soliciting subscriptions; and called at some houses afterwards—In an hour and a half or two hours he called at a public-house for a glass of beer, and on placing his hat on the table took his handkerchief from it and wiped his face and the spectacles dropped out—whether Mr. Douglas had accidentally placed them there, are whether he (the prisoner)had taken them up with his handkerchief (they having single arms) he could not tell; but he had since tried the experiment, and at the very fast trial they clung to the handker chief that upon finding them, he called and some of the houses in the neighbourhood he had been to, but could not find an owner for the spectacles; being unacquainted with the neighbourhood, he did not know all the places he had been to—he immediately went to the first pawnbroker's shop which was not above One hundred yards and pledged them not because he was in want of money, but knowing he was coming to the neighbourhood again, he thought he should be able to find the owner-that on arriving at home he stated these circumstances to his wife and gave her
the half-sovereign to keep, stating his intention of advertising them—that her illness had prevented his going out for two or three days, and the had omitted doing so.
JURY to MR. DOUGLASS. Q. Did you, in looking at the list of names, use you spectacles? A. No; I had them not in my hand.
GUILTY . Aged 41.— Transported for Seven Years.
THOMAS LEWINS . I am a druggist. On the 22d of June, at three o'clock in the afternoon, I was in Milton-street—I passed the prisoner about six yards—I felt a tug at my pocket turned round and saw the prisoner running away with my handkerchief in his possession—I ran after him and he dropped it—I took it up and ran and secured him—I could not find an officer-here is the handkerchief.
GUILTY . Aged 14.— Transported for Seven Years.
WILLIAM STEVENS . I am a carman. On the 24th of June I was out with my cart, and hung my coat on a rail where I was delivering goods, in Dean's-yard, Westminster—I missed it—It was delivering goods, in in the morning—I did not see the prisoner there—this is the coat.
WILLIAM TALBOT . I am a policeman. On the 24th of June I saw the prisoner, about a quarter of a mile from Dean's-yard, with this coat on her arm—I took her in charge and asked how she came by it—she said she was going to take it to her husband at Islington.
GEORGE WARD . I am a policeman. I produce a certificate of the prisoner's former conviction, which I got at the clerk of the peace at Westminster (read)—I was a witness on the trial—she is the person.
GUILTY .* Aged 50.— Transported for Seven Years.
HENRY DRAKE . My master is a carpenter and builder and lives in Gray's-inn-lane. He lent a pair of steps to Mr. James Pensam, a Publican, in Middle-row—I was passing the house on the 24th of June and saw the prisoner cross and take the steps up which laid in front of the house—he put them on his shoulder—I followed him with them down Brook-street to Saffron hill—he then ram—I secured him and gave him in custody—I knew him before—he is a plaster.
GUILTY . Aged 23— Confined Two Months.
1619. JANE CHEESEMAN was indicted for stealing on the 26th of June 1 sheet value 2s.; 3 handkerchiefs, value 2s.; 2 pair of stockings,value 1s. 6d.; and 1 collar value 6d.; the goods of Stephen Tapster her master.
MARY TAPSTER . I am the wife of Stephen Tapster. He keeps the Craven Hotel in Craven-street, Strand—the prisoner had been our laundry maid for six months—I had suspicions and sent an officer to search her boxes having missed handkerchiefs—she was out at the time; we searched both her boxes—they were not locked—I found the articles stated in the indictment—they are all marked.
Cross-examined by MR. CLARKSON. Q. The articles are your own personal linen? A. Yes the stockings are my son's he is thirty years old-his name is Stephen Edward—the sheet is my own—my son is my husband's partner.
RICHARD CASTLES . I am an officer. I was present when the boxes were searched and this property found—the prisoner was charged stealing it—as I took her to the station-house she said she was sorry for what had happened; but there were others deeper in it than herself; but she would rather die than split—I had said nothing to her whatever—Mrs. Tapster had taxed her with it.
MRS. TAPSTER re-examined. We have twelve servants—the sheet has been torn up—the other servants had access to her room—this habit-shirt is my daughter-in-law's—the handkerchief and sheet are mine—I recollect a gentleman complaining of losing his watch two days previous to this—he has since been taken into custody; and skeleton keys have been found in his possession—when he complained every one of the servants were searched—It was after this that I found the things in the prisoner's box.
GUILTY . Aged 36.— Confined Three Months.
EDWARD BATTEN WALMESLEY . I am a pawnbroker. The prisoner has been in my service one week—on the 22d of June I had reason to suspect her I saw my boy find this property in a box where her bonnet was kept in the kitchen cupboard—I swear it is mine.
Prisoner. I brought no box into the house. Witness. I understood the box to be hers from the witness.
CHARLES SPELLER . I am in the prosecutor's service. The band-box at first belonged to my maser; and a young man gave it to the prisoner—her bonnet was found in it—I saw the knives and things found in it, all wrapped up together in a little rag in the box under the bonnet-master has no other female servant.
NOT GUILTY .
EDWARD BATTEN WALMSLEY . The prisoner was my servant—I missed money in consequence of which I marked twelve shillings on the 24th of June and put them in a purse on the kitchen table I Examined it again in about quarter of an hour, and missed two shillings—I saw the prisoner searched and the two shillings found in her pocket—she said nothing at all.
Prisoner. My mistress found me lying in the kitchen in a fit, and took me up and put me on two chairs. Witness. She was drunk all the time
she was in our house, and she called it fits, and laid it to the medicine which the doctor gave her; and after she was apprehended all the medicine was found in the kitchen—she had taken none of it.
JURY. Q. You did this to find out whether she was honest? A. I did.
Prisoner's Defence. I did not know I had any money in my pocket—one of the shopmen, who spited me, was close to me, pulling me about, and he put the money into my pocket, and said he would do for me—I told mistress he would be the death of me—It was only about a mutton chop the piece of work began—mistress sent me out to get mutton chops for supper, and the man said to me, "Master will let me have this mutton chop, if you will"—I said, "I will"—he was called to account about it; and the man, out of spite, said I was going to leave the house; and he gave me warning to leave the service—the shopman followed me down stairs, and said, if I did not leave he would do for me.
MR. WALMESLEY re-examined. There was a quarrel between the shopman and the prisoner—he came and told me that she was going to run away on the Saturday morning, when the plate would be left out to be cleaned—I thought he was trumping up a tale against her, and gave him warning, though he had lived with me three years; but since that, every thing he told me proved to be correct—he is still in my service, but is going, for other reasons not connected with this—I do not think he could have gone into the kitchen—the money was not there five minutes before it was lost—there was no quarrel between them at that time—she was drunk.
GUILTY . Aged 48.— Confined Three Months.
JOHN SMYTH LARKIN . I am a hatter, and live in High-street, Shadwell. On the 30th of June, I missed a cap from the side of my shop door—I saw the prisoner the next night standing near my door—a neighbour sent a message over to me, which induced me to take him into custody—I found the cap on his head, which I had missed the night before.
ANN EYLEY . I live opposite Mr. Larkin. I saw the prisoner opposite his house—I had seen him the night before, passing the window with the cap in his hand—he seemed confused, and spoke to another lad, and ran away—I immediately went over to Mr. Larkin, to ask if he had lost a cap—he said he had, and next evening I saw the prisoner passing with the cap on his head, and went over to the prosecutor, who secured him.
(Charles Young, tailor, of Goddy's-rents, Spitalfields: Thomas Wilson, a painter, of Milton-street; and Samuel Cowland, of Club-row, Church-street, gave the prisoner a good character.)
GUILTY . Aged 14.— Confined Three Months.
1623. CLEMENT BROWN was indicted for that he, on the 28th of April, at St. James, Westminster, feloniously did forge a certain order for the payment of 10l. 5s. 6d., with intent to defraud Christian Philip Dill, against the statute, &c. 2nd COUNT, for feloniously uttering, disposing of, and putting off the said order, well knowing it to be forged, with a like intent.
CHRISTIAN PHILIP DILL . I am a baker and live in Oxford-road. I have known the prisoner about a year and a half—he lived as butler with a family which I used to serve—he came to my shop six or seven Weeks ago—my son was at home, and heard what passed—he came into the shop to my wife, and said he was now living at Stratford-place, with a family, and be wanted to have some biscuits sent to the house—he said Mrs. Cotton, his mistress, had dined out with one of my customers, and she was very foad of my bread; but the bread he could say nothing about at present, but we were to send the biscuits up before six o'clock that evening—I then went forwards—he said, "How do you do?" I said, "Very well" he said, "Can you give me change for a bill?" and believing him to be a respectable young man, I said, "Yes; "—my son was by my side, and whispered to me not to do it, but I did—I gave him change for a cheque, for 10l. 5s. 6d.—my son went directly into the City to receive the cheque, but returned in less than half an hour without any money—he went so inquire if Mr. Cotton lived where the prisoner said.
Cross-examined by MR. CLARKSON. Q. Did you know the prisoner in Sir Richard Glynn's service? A. Yes; I thought he bore and deserved a very good character, or I should not have cashed the cheque—he did not tell me that he received it of a person who told him he was living at Mr. Cotton's—I was unwilling to prosecute him; it is his own fault he is here; I was sent for to the office, and said, "It is your own fault that you are here"—my son had met him in the street.
CHRISTIAN PHILIP DILL, JUN . I was in the counting-house when the prisoner came to the shop—I went into the shop—he chose different sorts of biscuits, and begged them to be sent, about six o'clock, to Mr. Cotton's, 8, Stratford-place—while I was packing them up, he went into the parlour, and was speaking to my father—I followed, after finishing the biscuits, and found my father was changing the cheque—I advised him not to do it, in consequence of my suspicions on looking at the cheque, as the date was altered—any father said he thought it was good, and gave him the change—as the prisoner left, he said, "Be sure to send the biscuits by six o'clock"—I wished to go to the banker's immediately with the cheque—I went to Bosanquet's, where it was refused—I returned home, and mentioned it to my father, and went immediately to Stratford-place, to Mr. Cotton, and made inquiry—I met the prisoner accidentally about six weeks afterwards—he was on the opposite side of the way, in Regent-street—I recognised him immediately, but allowed him to pass me—he stopped, and looked in at a shop window—I passed him, then turned round, and found he had turned back—I turned into Castle-street, and saw him drinking a glass of beer at the bar of a public-house—I could not have a distinct view of him there, and let him come out again—he crossed over, and I saw that it was him—I followed him to Prince's-street, Cavendish-square—I touched him on the shoulder, and said I wanted him—he turned round, appeared rather confused, and said, "What for?"—I said, I dare say he knew—he said, "Let me go?"—I said no, I wished him to come to Oxford-street with me—he drew a paper from his pocket, which appeared the same sort of paper as the cheque was written on—I said, "You have got another of them, I suppose?"—he said, "Of what?"—I said, "You know very well"—he then put it into his pocket—a cab came by shortly afterwards—I asked the cabman to come down, as I wanted to speak to him, and in that time he put the paper into his mouth, and swallowed it—several people came round—I begged him to show what he was eating, but he would
not; and after he had swallowed it, he pulled out a piece of dry orangepeel, and said that was what he was earting—I gave him in charge for forgery.
Cross-examined. Q. Was the alteration you observed, the figure "8" to "28?" A. Yes—I should think bankers would refuse to take cheques when the date is altered—I advised my father not to cash it, on account of the alteration in the date—I do not think the prisoner heard me—he was two or three yards from me, and I spoke very low indeed I whispered very low—he could have gone out of the way if he liked I belive he was very anxious to get out of my way, or why should he pass me and turn back—I am not in partnership with my father.
JOHN HUNT . I am a policeman. The prisoner was given into my cstody by the last witness, on the 24th of June, about a quarter after three o'clock in the afternoon, for forgiving a cheque for 10l. 5d.—the prisoner said he had not given him a cheque at all, nor had a farthing of money at all from him—I told him he must go to the station-house he said he could mot go—I said, "Why?"—he said, "Because I am a gentleman's servant and my master is waiting for me"—I said, "Where does your master live? you have no occasion to be frightened, if you have done nothing amiss"—he would not tell me where his master lived—I told him three times, if he would tell me where his master lived and he was detained at the station-house, I would go and let his master know; but I could not make him hear at all till I got to Old Cavendish-street—he then said, "I am a servant out of a situation is there any way by which I can escape?" I looked at him and said nothing—he said, "Can't you let me go?"—I said, "If I let you go, I shall lose my situation, and then we shall neither of us have a situation"—I asked where he lodged—he would not bear again—I said nothing more to him but took him to the station-house.
JOSEPH ALEXANDER COTTON . I live at No. 18, Stratford-place. This is not my cheque, nor of any of my family-none of us bank at Bosanquet's—No 8 where it is dated from has been empty for the last two years—I never saw the prisoner till I was called to the station-house.
Cross-examined. Q. I suppose you do not sign your name S. Cotton? A. No; none of my family's Christiam names begin with S.—I am not aware that any other person of my name lives in Stratford-place—I have inquired but I cannot undertake to swear—It is not at all like my writting—I know a Mr. Sims a captain of a West Indiaman.
(The cheque, being read, was dated the 28th of April, on Messrs. Bosanquet, Lombard-street, for 10l. 5s. 6d., signed S. Cotton, Stratford-place.)
Prisoner's Defence. I am a poor man—I have lived in service but was out of employ at the time, and was glad to earn 6d.—I am entirely innocent of the charge, as it respects any knowledge that the instrument was forged, or it is not probable I should go to a person I sop well knew as Mr. Dill—he is mistaken in supposing I said I was in Mr. Cotton's service—It was the man who gave it to me—of course I am unable to bring the man forward from whom I got it, as he must be the man by whom it was forged or who knew it was so—I throw myself on the mercy of the Court.
(William Luce deposited to the prisoner's former good character.)
GUILTY on 2nd Count. Aged 40— Transported for Life.
JOHN JENNINGS . I am in the employ of Alexandr Barclays and Co., wax-chandlers, in Leicester-square. On the 2nd of June a person came to the shop who appeared a carman and put a piece of paper into my hand, which I have here; in consequence of which, I sent to Lord John Thynne s' house, No. 15, Hill-street, Berkeley-square, a quantity of candles by a lad-the prisoner is not the person who brought the order—the candles were charged Lord John Thynne's—he is a customer of ours.
JOHN SIMS . I was butler to Lord Edward Somerset who was living at Lord John Thynne's—I recollect the candles being brought-two hours after they were delivered, a person came after them but did not have them and about half past six o'clock next morning the prisoner came for them and said he had come from Mr. Barclay-that he wanted the candles, for they ought to have been sent off into the country two days ago—he said they were sent there by mistake and he wanted them directly—I brought them up—he asked me how many there were of them—I said I did not know and he had better count them.
Cross-examined by Mr. PHILLIPS. Q. Did you know the prisoner before? A. No; I have left Lord Somerset—I left through an set of folly on my own part—I was discharged—I gave him notice to quit—I never introduced any woman into the house—I was discharged for the footman's misconduct, in introducing a woman into the house—I knew of it—the girl was a common strumpet, I believe-a watch was taken and a silver guard—It was my watch—I saw it on the mantel-piece, when I went to bed-the woman did not go to bed with me—the footman introdeuced her into my room when I was in bed and shut her in with me—I was in a state of intoxication and so not know what I said or did the prisoner was shown to the maid-servant—two persons had come after the candles—she said he was neither of the two—she had an opportunity of seeing them both.
ANDREW VALANCE . I am a policeman. I took him in charge on the 19th of June Sims identified him immediately. Cross-examined. Q. Was the maid called up? A. She was and said he was not either of the men.
JOHN GIBLING . I am, a policeman. On the 4th of June the prisoner came to me in Berkeley-square and said, I want you to fetch six papers for me; will you fetch them?"I said, "I cannot tell, you must tell me what they contain"—he said Barclay had sent six papers of candles to Lord Thynne's house by mistake and he said, "Will you fetch them for me and I will write you a note"—he took out his pocket book picked up a bit of paper and wrote this note on the step of No. 13—he said, "They will fetch 2l.; I will give you a sovereign if you will fetch them"—I said nothing to that—he went away, and I saw no more of him till he was apprehended-at six o'clock I went to the station-house and showed the inspector the note he wrote for me to go and fetch the candles.
Cross-examined. Q. You thought it was right I suppose or you would have taken him into custody? A. No, I did not—I did not know whether
I should do right to take him—he was about two hundred yards from Lord Thynne's—his offering me a sovereign excited my suspicion—I was on duty at the time, and in my uniform—I did not fee it my duty to take him into custody, till I had reported it to my inspector.
NOT GUILTY .
MR. ELLIS conducted the prosecution.
HENRY FOSTER . I am servant to Colonel Stanhope. I saw the prisoner on Saturday morning, the 13th of June, about four o'clock in Coventgarden market, where I had vegetables and flowers—he came to me between six and seven o'clock, and bought two bunches of roses and a nosegay, at 6d—he gave me a half-crown, and I gave him 2s. in change—I said, "Why this is bed, I am sure"—he walked away—I followed him—two policemen stood by me, but Idid not see them I took the prisoner brought him back, and gave him to them with the half-crown—Lake took him.
Prisoner. Q. Did you not let the half-crown go into another person's hand to show it to them? A. No.
HENRY LAKE . policeman. I apprehended the prisoner, and received a half-crown from Foster—the prisoner put a good half crown into my hand from his right hand—I saw him take his left hand out of his pocket very slily—I felt in his left hand pocket hole, and found he had no pocket there—I shook his trowsers and shook a bad half-crown out of the legs of his trowsers, which I produce.
(The Prisoner put in a written defence, stating that the half-crown was paid to the prosecutor by a man who stood by him, and not by himself.)
GUILTY . Aged 20.— Confined One Year.
THOMAS HEADWORTH . I live in St. John-street. About three o'clock, I saw the prosecutor walking in that street, and the prisoner was close behind him, touching his pocket—I went to the door, and saw his hand in the pocket—he drew the handkerchief out, and passed it form his right hand to his left—I immediately ran and laid hold of him—he threw it down—I told the gentleman, who took it up.
Prisoner. Q. Did you not say a man in a velvet coat threw the handkerchief down, and it went on my breast. A. I did not.
GUILTY . Aged 20.— Transported for Seven Years.
NEW COURT.—Tuesday, July 7, 1835.
Fifth Jury, before Mr. Common Sergeant.
1627. GEORGE COOMBES was indicted for stealing, on the 3rd of July, 5 gallons of ale, value 8s., the goods of Alexander Stout, being in a certain vessel, upon a certain navigable river, called the Thames.
PLEADED GUILTY. Aged 41.—(Recommended to mercy by the prosecutor, who engaged to take him into his employ.)— Confined Two Days.
1628. HENRY HOPKINS was indicted for feloniously forging, om the 27th of June, a certain request for the delivery of goods, (to wit.) for 2 dozen pair of cotton stockings, with intent to defraud John Morley and another. 2nd. COUNT,—for feloniously uttering, disposing, and putting off the same, with a like intent.
JOSEPH BLACKWELL . I am warehouseman to John Besemears and Co. of Houndsditch; we have dealings with Mr. Richard Morley—I did not send Mr. Morley any order, nor write this paper—no one but me and the principals in the house have any right to send orders—this is not their writing—the prisoner was formerly in the employ of Mr. Besemears.
ADAM MURRAY . I am warehouseman to John and Richard Morley, in Wood-street. On the 27th of June, the prisoner came with an order, for two dozen pair of white cotton stockings—this is the order he brought—(read) "Please to send by bearer, two dozen full-sized men's white cotton stockings, about twenty-two shillings, for John Besemear and Co. 27th of June, 1835"—we have an account with Besemear and Co., and acting on this order, I gave the prisoner the stockings.
Prisoner. I leave myself to the mercy of the Jury.
GUILTY Aged 25.— Transported for Fourteen Years.
CHARLES NONN . I live in Market-street, Fitzroy-square, and am a shoemaker. On Sunday-night, the 22nd of June, I was in Tottenhsm-court-road, at half-past twelve o'clock—the prisoner came up, and asked me to go with her—I said nothing to that, and then she put her hand round my waist, and picked my pocket instantly of two half-crowns, which I had seen safe five minutes before—I told her she had robbed me—she denied it—I said if she would not give it me, I would give her in charge.
Prisoner. Q. Did you meet me at half-past eleven o'clock, and take me into public-houses, when I had had sufficient? A. No; I will take my oath I did not see her before—I never went into any public-house with her then, or at any other time.
EDWARD BARKER (police-constable E 124.) The prosecutor called me, and said the prisoner had robbed him of five shillings and one farthing—she denied it—I took her a little way—she desired me to go back—I would not—I searched her, and found the two half-crowns in her stays, and the farthing in her hand.
Prisoner. He did not halloo at all.
Witness Yes; there was a cry of "Police"—I went up, and the prosecutor
had her by the arm—she was the worse for liquor—the prosecutor was quite sober.
GUILTY . Aged 36.— Confined Three Months.
WILLIAM COLLINS . About six o'clock in the evening, on the 20th of June, a person came to my house, and gave me information, in cousequence of which I looked for my bed-sacking, which should have been in my shop—I missed one piece, measuring about forty yards.
AUGUSTUS SAMUEL SMITH . On the 20th of June, I was looking towards the prosecutor's shop, and saw three lads loitering about the window. The prisoners are two of them—I had seen them for about three minutes together, looking at some bills, and looking in at the window; and I have seen them loitering about together down Whitecross-street—they seemed to know each other—they spoke to each other at the window—I saw Norgrove go into the shop, and return immediately with a roll of bed sacking—he gave it to Hill, who came away with it, and went down Mitchell-street—Norgrove and the other person went towards Old-street, in a different direction—I went into the shop, and told Mr. Collins.
Cross-examined by MR. CLARKSON. Q. What are you? A. A watchfinisher. Mr. Collins lives in Helmet-row—I do not live there—but happened to be on the opposite side—I was coming from the gilders—It was four o'clock in the afternoon—about a month ago I saw the prisoners loitering in Whitecross-street, when I was going down to Banner-street, to the gilders,—I did not take them up, because I was afraid my master would blame me, as I had been stopping some time—the sacking has never been found—Hill had Blucher boots on—I was about thirty yards from him when he was at the door, but he came towards me in coming to Mitchell-street—I did not notice his neckcloth—the prisoners were taken yesterday week—the goods were lost last Saturday fortnight—the officer came to our house to ask if Hill was the person—I saw Norgrove taken—I am not mistaken in their persons—I saw them so plainly.
(Hill received a good character.)
HILL— GUILTY . Aged 28.— Confined One Month.
NORGROVE— GUILTY . Aged 17.— Confined Three Months.
JOHN WHEELER . I live in Leather-land. The prisoner was in my employ on the 13th of April—I did not send him to any body to get any scemt bottles that day—I am a glass-cutter, and sell scent bottles—I was called to give evidence on another subject—there were two duplicates for scent bottles produced—I was called upon to say whether they belonged to me—these are them—I know them to be mine—I saw them last time in my shop, some time in April—these twelve were packed in a paper for exportstion—they were not sold—I have not doubt they are mine, but I have no private mark on them—they were wrapped up separately in small papers, and then in dozens, I had had them to make up an order for exportation—upon
my oath, I believe they are my property—the prisoner was in my service.
JOSEPH BOWEN . I am an assistant to a pawnbroker, at Smithfield-bars. I took in this dozen of bottle from the prisoner, on the 13th of April, in the name of John Palmer—I might have mistaken the name for Farmer.
Prisoner. Q. What did you say? A. I asked your name and address—I understood that you would bring some more in a short time.
Prisoner. The fact is I did pledge them—when I took that dozen I asked three shillings on them—he said he supposed I would take fourpence a piece for them—I said "No; they are worth a great dealmore;" but it was under the impression of getting them out again.
GUILTY . Aged 28.—See page 459.
JOSEPH LANE . On the 23d of June, at a quarter to twelve o'clock, I met the prisoner. I had just before counted my money in Tottenham court-road—she asked me to give her something to drink—I declined, it being so late—she said she did not mind, she had got the key, I could go with her—I went on to Gordon-square, and was standing there a minute—she took two good half-crowns and one bad one from me—she turned the corner—I turned, and gave her to the policeman—she produced the bad half-crown, and said I gave her that; but I had given her none.
Prisoner. Q. Did not you give me a bad half-crown? A. No; I had nothing to drink—I never treated you to any gin and cloves, nor went into any public-house after I left my friends—I did not say that I wanted to speak to you alone—she said she would cross the road to speak to her friend—I thought something was not right—I then missed my money, and pursued her, and overtook her about three hundred yards off.
Prisoner. I showed the bad half-crown to the policeman—he gave it to me back—you came and said "You have robbed me"—I said "I have not got any thing but five shillings of my own. "Witness. No.
W. GLADDEN (police-constable E 133.) I was on duty in Torrington-place, and was called by the prosecutor—he said he wanted to give the prisoner in charge for robbing him of three half-crowns, tow good and one bad one—she said that the prosecutor gave her the bad half-crown; but denied having any other money—I searched her at the station-house, and found two good half-crowns between her bonnet and the lining.
Prisoner's Defence. In going to the station-house, there were a lot of persons who told me if I did not give the five shillings to my friend they would take it from me—I told the man that I had five shillings; not this man, but the other man that went up stairs with me—I took the five shillings out of my pocket and put it with my bonnet—I said the bad half-crown was what he gave me—I am not guilty of taking a farthing from him.
(Eliza Greenwood, of Luck-street, and Rebecca Busby, gave the prisoner a good character.)
GUILTY. Aged 19.—Recommended to mercy. — Confined One Month.
SAMUEL BROWN . About half-past eleven o'clock, on the morning of the 24th of June, I was coming up Cheapside, and felt a tug at my pocket—I turned round and saw the prisoner at my elbow—I caught him by the are, and said "You have my handkerchief"—he said "No I have not;" and on looking round I saw it in his left hand—he dropped it on the grant—this is it—I had it in my pocket just before.
Prisoner. I had not had it in my hand. Witness. I swear I saw it in his hand.
Prisoner. I did not take the gentleman's handkerchief.
GUILTY . Aged 15.— Transported for Seven Years.
HENRY JEROME . I live in Union-street, Bishopsgate—I have a partner, and am a pawnbroker. On the 20th of June, in the afternoon, I missed a waistcoat—I saw the prisoner come to my house that afternoon—this is it.
PHILIP BRINKMAN . I live in Union-street, opposite the prosecutor. On the 20th of June, I saw the prisoner take the waistcoat from the door, and put it under his flannel jacket—I gave information, and he was taken.
Prisoner's Defence. I was walking along—I saw the waistcoat hang down—I took it up, and put it under my jacket.
GUILTY . Aged 21.— Transported for Seven Years.
SAMUEL PEARCE . I am coachman to Mr. Praed—I have seen the prisoner in our stable in Seymour News, and have given him money—I thought he was in distress—he was out of a situation—on the 18th of June, he called and left my stable at one o'clock—I had a box in my room—I unlocked it at one o'clock, and saw my money there then—I then left my keys in it by mistake—there were three sovereigns, and one half sovereign, and one half crown in it—I returned in the evening about six or eight—I wanted to go to the box—I missed my keys, and could not find them—I broke the box the next morning, and missed the money—the prisoner was taken on the Saturday evening following—I asked him what he had done with the keys—he said he had not seen them—the next day at the office be acknowledged to me that he had opened the box, and had put the keys behind a box in John's room—I sent a man to look about—they have not been found.
THOMAS STANTON . I am helper at Mr. Praed's. On the 18th of June, the prisoner came to me and asked if he could go up stairs—I followed him up—he asked if I was not going into the house—I said, "Yes "—he asked me to slip the bolt, that he might hear if any one came in—I did so, and returned in ten minutes—I came back—he was sitting on the box
with a note in his hand—he said he must go—I did not observe the key in the box.
JOHN STANTON . I am cousin to the last witness—the prisoner lodged with me in Ormond-street—he was to pay 2s. a week. On the Thursday evening, about seven o'clock, he was in the yard, and he told me he had paid his rent, which was 8s. 6d. which he owed.—I saw he had some money—on the Saturday following I saw him at the Crown public-house—I told him there was some one after him, and asked him how he was going on—he said miserably, and said he was wretched.
THOMAS SIMMONS (police-constable D 77.) I took the prisoner, and asked if he knew Mr. Praed's coachman—he said, "Yes, very well; I am innocent"—I said, "You must go with me, and see him"—I had not made any charge then against him—I took him into a shop, and found one sovereign, one half sovereign, one shilling, and some copper on him.
Prisoner. I went there at three o'clock. I asked that young man to let me write a letter—he did—he went up with me, and went out to take a jug of water up.
THOMAS STANTON re-examined. Q. Was there a possibility of anybody else coming in there? A. No; I stopped there till the coachman came home—I then trimmed the horse up, and went into the house to supper—no one could go up without going through the house, but that door was kept locked.
(William Day, Acre-lane, Clapton, gave the prisoner a good character, and promised to employ him.)
GUILTY. Aged 20.—Recommended to mercy. — Confined One Month.
1636. MARY ANN DRAKE was indicted for stealing, on the 1st of July, 1 locket, value 10s.; and 1 shirt value 8s.; the goods of John Wells Lambe: and 1 pair of stockings, value 1s., the goods of Elizabeth Lambe the younger.
JOHN WELLS LAMBE . I live at 29. Cockspur-street. The prisoner lived with my father; his name is John Lambe—we had missed several things—I got a search-warrant—my mother searched the prisoner's box when she was going away, but she had taken away a bundle, and we went to her apartments—I searched that bundle—that was at No. 3, Marketplace—the officer, the evening before, watched her home—she came to our house the morning following—I went with the officer, and found the bundle there—I found a brooch—this locket is mine—It was found in her box at our house—the shirt was found at the pawnbroker's; it is mine—I missed both these articles.
Cross-examined by MR. PHILLIPS. Q. Have you any mark on the shirt? A. No; I had eight made, but only three of them are marked—I only know it as matching the other cloth—It has not buttons on it—I do not owe her any thing—her wages were 8l. a year—two years' wages were dye—she had never asked for money—she said she had money from her last place, and had saved this to go to Ireland—I gave her 2l. when she was charged with this, in case she should want money—the officer said, "You had better not give her money; she will be robbed of it"—we have lost so many things that I did not consider she was entitled to any of her wages—we came fully prepared to pay her he wages, if it was required.
Q. What question did you ask your mother? A. Whether she would pay—she told me she should not without she was compelled—I know the
prisoner's bundle was searched before she went out of the house—that was the bundle in which the brooch was found—she was present then—the brooch was not found on that search, and she left the house with that bundle—she came back the next day, I suppose, to find a duplicate—I gave her 2l.; but having lost a diamond ring, worth 5l., I did not consider she was entitled to it—I saw her the next day after her bundle had been searched—my mother and sister were present—she came through the shop without speaking to any one, and when down into the kitchen to a basket, and said she wanted to get some things—I said, "Mary, your must not stay here"—she said, "I shall not go without my wages"—I told her to sit down, and my father would think of it, thought he was not certain whether he would pay her—on finding the duplicate in her box we thought we would search her lodgings—It was found in her absence—we have no other servants—we prevented her taking the basket the night before—we told her not to go into the kitchen—the locket was found in her box, in her presence—notwithstanding that she came again the next day, and remained in the house an hour and a half—she never asked for the 16l. till the night she was going away—we did not pay her, because we had found the locket—we got an officer, and he watched her to her lodgings—we did not give her in charge that night—we did not find the duplicate that night nor search her basket, it was all done in such a hurry—this locket was found in her box, in her bed-room—the basket was not thought of till she was gone—I will swear she did not ask for her basket the night before, in my presence—I went myself with two officers to search her lodgings—this is the locket I found.
ELIZA LAMBE . The prisoner had been in my husband's employ, and her wages are 16l., but she had received 5l—the gentleman has confused my son from the truth—I have not paid her wages, because it is not my place, it is my husband's—I was present on the morning she came to ask for her wages, which were not paid, as there was some explanation necessary respecting the things found—the wages was not her first question—she did not say she would not go without her wages—I was present when my son and daughter were, when she came in, and said something about her wages—I declined to pay her, as I considered it was my husband's place—on searching her clothes, I found a locket in her box—she called it here sad used it as hers—she said she thought it was a button—I saw my daughter find the duplicate in her basket—It was an open basket, a kind of market-basket in the kitchen—I had found the duplicate before the officer was sent for, on the morning she came, and we gave her into custody—I do not think she demanded her wages then, but I mentioned to the inspector, that I owed her wages, and would she have them then—he said "No, by no means, she will lose it in the company where she is going; but I begged him to take two sovereigns.
Cross-examined. Q. You were willing to pay her then, though you had two charges against her? A. Yes; I thought the night before that she had stolen the locket, but she was not given into custody that night—I thought a few hours would make very little difference, as she said she took it for a button—I thought it might possibly be the case, and had there not been other things, I might not have given her in charge—When she came next day, she turned every thing out of the market-basket to look for the duplicate—It is very likely I did mention to her about the duplicate—I cannot say whether I did—I might say, "Gibe me up my things and the duplicate"—the officer mentioned it, and she said, it was the duplicate
of a friend of her's over at Lambeth-marsh, who gave it her for a debt they owed her—she did not demand her wages that morning, when she came—her first inquiry was about the basket—She was brought up from the kitchen, but she did not then demand her wages—my son was not in the parlour at that moment—he might bring her up from the kitchen—She might have demanded her wages—her box was not rigidly searched; if it had been, I should have found the brooch in the paper of starch—I found a fine cut glass bottle in the same basket, which is not in these indictments—the basket has not lock or cover to it, it is a common market-basket—any one can open it—It hung up in the kitchen—I had a character with the prisoner, and kept her two years, out of compassion—the woman said she did not know what would become of her—I had let her have three sovereigns—she had one, and then she came and said, "Let me have two sovereigns"—I said, "Mary, I am sorry to bear you lent the other sovereign; did not parties pay you"—she said, "No"—I said, it was a pity she should lend them any more—she said, her country-people would deprive her of it, and they would follow her—I said I would send them away, which I did—she did not that morning ask for her wages over and over again, and say that she would not go out of the house till she had got them; I do not think she did—she was too much confused, and shocked at the duplicate being found.
ELIZABETH LAMBE, JUN . I was in the kitchen when the prisoner's basket was searched, on the evening of the 1st of July—there was a duplicate found in it, a great number of old ribbons, and some bottles of very little value; one had had some perfume in it, but it was empty; that was a cut bottle—there was a plated cup in it—this brooch is my father's—these stockings are mine—I had not missed them.
Cross-examined. Q. The prisoner tells me you had got rid of these stockings—that you had done with them? A. I did not tell her so—they are too good to have done with—I have no mark on them—I do not mark my stockings; but the prisoner said they were mine, and they are my own darning—She said when they were found that I gave them to her—my mother was present then—the prisoner was not present when her basket was searched—It was in the kitchen, its usual place—the basket was found by my mother—I did not hear her tell the prisoner so—she left between nine and ten o'clock at night—she went away of her own accord—there was no officer in the house—he was in the street—I saw her in the parlour the next morning—my mother and my brother both went down into the kitchen and sent her up—I did not hear her speak—I did not remain in the parlour a moment—I did not hear her ask for wages, except in the shop, where she asked my mother—she said she must have her wages, and my mother was going to pay her—she took out two sovereigns to pay her—I am quite sure of that—I did not hear her say how much was due to her—my mother took out two sovereigns, and the policeman told her not to pay—she did not give here the two sovereigns.
Q. Then your mother did not pay her the two sovereigns, because the policeman desired her not? A. No, Sir, she did not—I have made no mistake about that.
it to the cell, and gave it to the prisoner, and she signed this receipt for it.
WILLIAM HALL . I took the prisoner into custody. I found these stockings in the same bundle where the brooch was, at Mrs. Welch's, where the prisoner had lodged the night before, as Mrs. Welch said; I do not know it myself.
NOT GUILTY .
(The brooch in question was found in the bundle at Market-street, as stated in the former case, and the same evidence was given.)
NOT GUILTY .
MR. CLARKSON conducted the prosecution.
JOHN WYNNS . I live in Haberdasher's place, hoxton. I am a clerk at Messers. storr and Mortimer's manufactory, Harrison-street, Gray's-inn-lane—the firm consists of three partners—Paul Storr is one—the prisoner was employed as a porter—It was the custom to send from the factory to the shop for money—I sent an order to Mr. Poulter at the shop—when money was particularly wanted I have said what it was for—on the 18th of June, I gave the prisoner this order—(read)—"Mr. Poulter, Please to send £20 for Hall; Mr. Mortimer's Desertstand Factory, 18th June, 1835"—the object of this was to pay the duty of the dessert-stande at Goldsmiths' Hall—I observed some writing at the bottom of this order of Mr. Metealfe's, who is clerk of the patty cash—when I gave this order to the prisoner, I said, "Here is a note to Mr. Poulter for money, "he then went with it—I did not see him again that evening—I saw him he next morning at the manufactory, and asked why he had not brought the money—his reply was that there was none sent—Mr. Hunt, one of the proprietors, lives next door to the factory, and is the person to whom this money should have been delievered.
Cross-examined by MR. PHILLIPS. Q. Who does the firm consist of? A. Mr. Paul Storr, Mr. John Mortimer, and Mr. John Samuel Hunt—I heard the prisoner say that if he had received the money he had lost it—I am not aware that he is weal in his head.
JOHN DIXON METCALFE . I am in the employ of Messrs. Storr and Mortimer, at their house in Bond-street. I keep the petty cash—the prisoner came there about a quarter before eight o'clock on the evening of the 18th of June, and brought this order, in consequence of which I delivered to him three £5 Bank notes and five sovereigns—I marked the order with these letters, "Pd. M'Carthy, J. D. M. "—I inclosed the money and directed it to Mr. Hunt, 26, Harrison-street, Gray's-inn-road—the prisoner left the shop with it—I saw him there again the next morning, and said to him, in consequence of what I had heard, "That cash has not been received; I put it into your own hand"—he said, "I never saw the cash, I will take my solemn oath.
Cross-examined. Are you quite certain that you have not made some mistake? A. Yes.
JOHN SAMUEL HUNT . I am one of the partners in the firm of Storr and Mortimer, silversmiths, in Bond-street—I never received this 20l. from the prisoner for stamping Mr. Mortimer's cruet stands; if he had received it, it would have been his duty to have brought it to me.
Cross-examined. Q. He was your porter? A. Yes, and has been so nearly six years—we never suspected his honesty.
Prisoner. I have no knowledge of receiving this money—I have been in the habit of receiving large sums for years.
Mr. HUNT. Yes, he has brought 50l. sometimes—he brought 175l. on one occasion.
(Edmund Day, a surgeon, of Holborn; Henry Niblet, a pawnbroker, farringdon-street; Roger Griffiths, a labourer; Margaret Wallis; Anthony Finnerty, a tailor; Jeremiah Healey, a shoemaker; Jeremiah Brassen, a coal merchant; Daniel Cunningham, a porter; and James Connah, a shoemaker, gave the prisoner a good character.)
GUILTY . Aged 37.— Transported for Seven Years.
1639. WILLIAM ADAMS was indicted for stealing, on the 20th of June, 1 watch, value 5l.; 1 watch guard, value 30s.; 1 seal, value 19s.; and 2 watch keys, value 4s. 6d.; the goods of Thomas Wood, from his person.
THOMAS WOOD . I am a shipwright, and live in Thomas-street, Commercial-road. On the 20th of June, I was at the Three Mariners—I was not very sober, and put my head on the table, and went to sleep—I had seen the prisoner and another person in the room—by and bye some person came and said. "Wood let me take care of your watch for you"—I lifted my head and said, "Do," but I never opened my eyes to look at the person—I then went to sleep again—the master and the tap-boy came to take me to bed, and I said to the pot-boy "Jack, where did you put my watch?"—he said, "I have not got it, put I know who has"—It has never been found.
JOHN ROFF . I am pot-boy at the Three Mariners—I have known the prisoner about two months—the prosecutor came there that night, about twenty minutes past eleven—he was very tipay—In a few minutes the prisoner and Alexander Clark came in—they had a pint of half-and-half—there were several others there, but we put them all out—we took the lights out, and left the prosecutor and another man there, both asleep—the prisoner and another man then came to the bar and had some gin, and another pint of half-and-half—I then saw the prisoner coming out of the room in which the prosecutor was asleep—he went and spoke to his companion, who was waiting outside—I went out and said to the prisoner, "Bill, what did you do in there?"—he said, "Nothing"—I said, "Don't tell lies, you have"—he then put his hand into his pocket, and pulled out two farthings and a halfpenny, and said, "Oh. oh. here is two farthings and a halfpenny; I thought it was two shillings and a halfpenny"—I said, "It is of no use your telling lies, it will be found out"—he then said, "I got his watch out of his pocket, but I could not get the guard off his neck"—my master to go in with me, and we got him to the bar—we found he had lost master to go in with me, and we got him to the bar—we found he had lost his watch.
Cross-examined by MR. PHILLIPS. Q. If he said he took his watch, why did not take him? A. He did not say he had got the watch—my master was inside the house, not many yards from me—I saw the prisoner
again on the Sunday, (the next day,) the prosecutor and two gentlemen went to him with me, but I had seen him in the morning before they went—a girl named Caroline Williams, who lives in the Match-walk, was with me, and a man, but neither of them are here—I did not say unless he shared the plunder with me, I would come it on him, even if I should be lagged for it—I do not remember that any one was with the prisoner—he was standing by the post at the Barley Mow door—I have been pot-boy for six months, but I am not regularly there—I know Christopher Lizzard—I do not know whether he was with the prisoner when I charged him with stealing the watch—no one made any observation, to my knowledge—the prisoner swore he had not done it—I did not tell my master that night what he had said to me—Mr. Wood said he did not know who took his watch—but he had given it to somebody—I did not tell my master of it that night—I can give no reason for it—I mentioned it on Sunday afternoon, when Mr. Wood asked me what I had done with his watch—I said "I have not got it—I did not have it, but I think I know who did have it"—he said, "I thought it was your voice asked me for it, or I should not have given it up"—I did not tell my master of it—Mr. Wood did.
COURT to THOMAS WOOD. Q. Had you two farthings and one halfpenny in your pocket that evening? A. I cannot tell; I had them in the morning, when I was sober.
MR. PHILLIPS. Q. The pot-boy says you told him that you thought it was him that came and asked for your watch? A. Yes; I thought so—I had heard him speak before many a time—I thought it was his voice, and I asked him the next day where he had put it—the expression he made use of was, "Wood, let me take your watch, and take care of it"—I am sure he used my name of Wood—the pot-boy knew my name—the prisoner might know my name.
HENRY STIREY . I manage the business at the Three Mariner's. I saw the prisoner there on the night that the prosecutor was there—after the persons had all been turned out, the prisoner came to the bar again—I went in to arouse the prosecutor—he used to sleep in the house occasionally—he afterwards said he had lost his watch.
JOHN MILES (police-constable K 178.) I took the prisoner when he was brought by wood and the pot-boy—I said "You are charged with stealing this young man's watch"—he positively denied it, and pulled out these two farthings and this halfpenny.
NOT GUILTY .
JOHN KENTON . I live at Redburn, and am a bricklayer. On Thursday night, the 25th of June, I was in the Red Lion-passage, at Ealing, about eleven o'clock—I felt something at my coat—I turned and saw the prisoner behind me, with my handkerchief in his hand—he came past me, and ran away—I called after him, and asked him to bring it back—I have not seen it since—I swear it was my handkerchief—It was white, and had a black border.
Cross-examined by MR. PHILIPS. Q. Are there not other handkerchiefs of the same description? A. Yes, there may be—It was about eleven o'clock, as near as could be—I think it had struck—the prisoner was alone—I knew him by sight before—he was close to me—he touched me—I did not wish to catch hold of him—I thought he might bring it me back—It
was the night of the fair—I had not taken any thing to drink till after I lost my handkerchief.
MARY PEARMAN . I was in the passage, and saw the prisoner with the handkerchief in his hand—the prosecutor asked him for it, and he ran away—It was a white silk handkerchief, with a black border—I had seen the prosecutor with that handkerchief before.
Prisoner's Defence. I was not at the Red Lion after nine o'clock that night.
STEPHEN IVES . I am ostler at the star and Garter, at Kew-bridge. On the night of the 25th of June, I was with the prisoner at the Red Lion—we went there a quarter before nine o'clock, and staid ten minutes—we had a pot of beer, and then walked round the fair; then went to the Hourse and Groom, and staid there till twenty minutes after eleven o'clocke—I am certain the prisoner was in the Horse and Groom till that time—we had five post of beer there between three of us.
COURT. Q. How do you know the time? A. I left the prisoner up stairs while I went out of doors—I then heard the clock strike eleven—I went up again, and we had another pot of beer.
NOT GUILTY .
JESSE COLEMAN . I am labourer, and live at Brentford. I was in the Kings-arms there, about seven o'clock at night, on the 25th of June—I fell asleep, and awoke about eight o'clock, and missed my shoes off my feet, and a tobacco-box and sixpence from my pocket—I charged the prisoner with it; he said he knew nothing about them.
Prisoner. He pulled off his shoes before he went to sleep, and said he had no money, but he wanted somebody to make money on his shoes—he gave me his box to take a bit of tobacco, and as he was gone to sleep I put the box into my pocket. Witness. No. I did not.
HUGH SANDILANDS (police-constable F 80.) I was applied to by the prosecutor the next morning—I went to the public-house, and saw the prisoner; the prosecutor said he was the man who had stolen his things—I saw the prisoner shift something from his pocket, to a man who was theres, but I cannot tell what—I found on him this tobacco-box, which he said was his, this sixpence and a penny; the shoes were redeemed and brought to the station afterwards.
JOHN PASCOE (police-sergeant T 19.) I heard the prisoner say to the prosecutor, "Did not you give me the shoes to pawn?" he said "No, I did not"—he then came near to the prosecutor and said, "I know I took them; but it was a lark."
NOT GUILTY .
beer-shop, in Wheeler-street, Bethnal-green, on the 29th of June, and saw the prisoner in the skittle-ground—I missed this saw.
Cross-examined by MR. CLARKSON. Q. Where did you see it safe last? A. When I had used it, I put it down—there might be a dozen or more persons with me—I did not get at all drunk—we did not agree that the saw should be pawned for a shilling, and that we should have a whack of drink out of it—It was pawned two or three hundred yards from the shop—I did not drink with the prisoner at all.
Q. Now, reconsider that answer of yours. A. I might, perhaps, while I was at work—he might have come to me with the pot, and asked me to drink, and that like, but they never asked me to pay any thing—I might have drank out of one or two pots—I swear that I did not drink out of half a dozen—I did not see the prisoner go out or come back, but I missed it as soon as he was gone out, and ten minutes after I had been using it—I did not drink with the prisoner at night, but I might in the course of the day—I was working till four o'clock—I did not drink with him after he came back—nor at all after four o'clock—I might have drank a pint, but I paid for it—I do not know whether Jacob collison was there in the afternoon but I will swear he was not there after four o'clock—It struck me that the prisoner had gone to pawn the saw—I went round to the pawn broker's, to see if he had, and then I came back and had a little more—I cannot say how many pints I had that day—the prisoner was fresh—we paid for the beer we had—I had one pint after we had found about the saw—I then went to the station-house, after eight o'clock—five or six of us went, and had two pots of half—I was not tipsy.
Cross-examined. Q. Had you known him before? A. No; I saw him very shortly after, an knew him again—he was rat here drunk, but not lost to all he was doing—he walked out of the shop straight—I asked him his name and address—he said he live at No. 86, Hare-street.
GEORGE TEAKLE (police-constable H 121.) I took the prisoner—he said "Very well, I will go with you"—I said, "Have you got the duplicate?"—he said, "I know nothing about it; but many a man has been lagged for a lark; and perhaps I shall. "
NOT GUILTY .
ROBERT BACKHOUSE (police-constable H. 92.) I took the prisoner for loitering on my beat—he then confessed the robbery, and said he had pledged them at Mr. Sowerby's, and he wished Mr. Martin to prosecute, as it would save him from something worse.
GUILTY . Aged 23.— Confined One Month.
DAVID FLEMING . I keep a public-house at the corner of Gravel-lane. On the 29th of June, I went out, leaving the prisoner and others in my tap-room—I returned in about twenty-five minutes—I heard something—I went to the prisoner, and asked what business he had with my rabbits—he said he had got no rabbits—he wanted to go away—I laid hold of him—he struggled, and I took two rabbits from his pocket—he took one out, and another was found on him.
Cross-examined by MR. PHILLIPS. Q. Was not the prisoner very drunk? A. No; he had had some beer.
Prisoner's Defence. I was tipsy—I do not know how they came into my pocket.
GUILTY. Aged 29—(Recommended to mercy by the Jury and the prosecutor)— Confined Two Days.
1645. JOSEPH MONTGOMERY BENNETT was indicted for stealing, on the 29th of May, 9 Shirts value 2l.; 1 shift, value 4s.; 1 shawl, value 9s.; 3 table-cloths, value 7s.; 1 pair of stockings, value 1s.; 1 flannel shirt, value 2s.; 3 printed books, value 7s.; the goods of robert Robinson Alexander: and 2 shirts, value 5s.; and I waistcoat, value 3s.; the goods of Samuel Waller.
MARY ALEXANDER . I am the wife of Robert Robinson Alexander; we keep the king or prussia public-house, in Wych-street. The prisoner lodged there some time—he left in May last—we then missed nine shirts, a shift, and other articles—these are the things.
GUILTY . Aged 27.— Transported for Seven Years.
GEORGE CRESEY . I live in Lawrence-lance, St. Giles, and am a smith I had three handkerchiefs, and 30s. in silver, on the 9th of June—I laid down on my bed, and fell asleep—I had not laid long before I missed them—I know the prisoner; he lodged in the house for a little while.
Prisoner. Do you think I stole them? Witness. I do not know; I swear these are my handkerchiefs.
MARY EAGLE . On the day of the robbery, the prisoner called me out, and said he wanted to speak to me—I went with him to the pawnbroker, and pawned one handkerchief, which he gave me—I then went to Rogers's shop, where I sold the other two, and gave him the money—he put his head in at the door as I was selling them, and said, "Do you think I stole them. "
Prisoner. Q. Had you not been drinking with the prosecutor that morning? A. Certainly I had; I get my living by hard work, as can be proved—I did not accuse any old man of it.
SARAH ROGERS . I am the wife of William Rogers. I keep a shop in Peter-street, St. James's—I bought these two handkerchiefs of Mary Eagle, and the prisoner—she asked 1s. for them—I said that was too much, I would give her 10d.—she said to him, "Will you take 10d.?"—he said. "Yes; if I did not want money, I would not take it. "
Prisoner. I am quite innocent; it was Mary Eagle that stole the property—Mrs. Rogers is a woman that would buy any thing—I was going to a brother of mine; but he was not at home—I went to this house, meaning to lead an honest life—Mary Eagle walks the streets for her living.
GUILTY . Aged 19.— Transported for Seven Years.
See Eighth Session, page 365.
OLD COURT.—Wednesday, July 8th, 1835.
Third Jury, before Mr. Sergeant Arabin.
1647. GEORGE DAVIS was inidicted for feloniously breaking and entering the dwelling house of John Du Chemin, on the 26th of June, at St. Matthew, Bethnal-green, and stealing 2 blankets, value 15s.; 1 sheet, value 2s. 6d.; 1 gown, value 2s.; 1 shirt, value 3s., and 1 apron, value 1s., his property, and that he had before been convicted of felony; to which he pleaded.
GUILTY . Aged 28.— Transported for Fourteen Years.
ANN ODDY . I am the wife of Jonas Oddy, and live in Middlesex-street. St. George's. We keep a lodging-house—the prisoner is my nephew, and waited on the gentlemen in the house—on the 24th of June he went out, and I missed a pair of sheets—he asked me for some money to go to the play, which I would not give him—after he was taken up, he said a boy told him he could take what he liked from his aunt, he could not be hurt for it—he came home at twelve o'clock at night, an brought me the duplicate of the sheets, and 2s. 3d—these are my sheets—he behaved well before, and I would take him back.
GEORGE CHAPMAN . I am a pawnbroker, and live in London-street. The prisoner pawned these sheets with me about seven o'clock on the evening of the 24th of June, in the name of John Brown—he said his mother sent him with them—I lent him 5s. on them.
GUILTY. Aged 14.—Recommended to mercy. — Confined Three Days.
JAMES GLASSOCK . I am a baker in Oxford-street. The prisoner was six or seven weeks in my service—he delived bread to the customers, and received the money for it—he was to account to me for it every day—he kept a book of his own, in which he put the bread down.
Cross-examined by Mr. CLARESON. Q. What is the amount of the whole with which you charge him? A. About 19s. 8d.—I had a lad in my employ, who misapplied money—he was not in custody at the time—I discharged him previous to taking the prisoner—I do not believe that the prisoner took this money in order to get the other boy out of difficulty.
4th of May I paid the prisoner 3s. 8d. for his master, and on the 11th 3s. 2 1/2 d.; be gave me a receipt for those sums.
Cross-examined. Q. When did you apprechend him? A. Last Wednesday week—I was obliged to discharge him for his misconduct, and afterwards discovered this.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined for Six Weeks.
1650. WILLIAM HOBBS was indicted for feloniously breaking and entering the dwelling house of Henry Hammond, on the 22nd of June, at Ezling, alias Zealing, and stealing therein, 1 watch, value 20s.; 1 pair of trowsers, value 12s.; 2 waistcoats, value 12s.; 1 scarf, value 2s.; and 1 pair of half-boots, value 8s.; the goods of Henry Hammond.
HENRY HAMMOND . I live in the parish of Ealing. On the 22nd of June I went out, about ten minutes before two o'clock in the day-time, and left all my property safe—I locked all the doors, and fastened the windows down—I returned at about twenty minutes after seven o'clock in the evering having, received information—I found the window broken—the articles in question were kept up stairs in a box and drunk—I found the room rified, and every thing thrown about—I had seen the prisoner before—he lives at Brentford.
HUGH SANDILANDS . I am policeman. On the day in question I saw the prisoner between four and five o'clock in the afternoon, at Hammersmith, between three and four miles from Ealing—he was carrying a bundle under his arm, walking as fast as he possibly could—he seemed to perspire a good deal—I did not speak to him.
JOHN GOLD . I am shopman to Mr. Watts, a pawnbroker, at Hammersmith. On the 22nd of June, between four and five o'clock in the afternoon, the prisoner came to the shop, and offered to pawn these trowsers and waistcoat—I took them in in the name of John James, lodger, Thamesstreet, London—he then produced this silver watch, and pawned it for 5s.—he returned to the shop in a minute or two, and offered a silk scarf, which I declined taking in, it being an old-fashioned one.
Cross-examined by MR. DOANE. Q. How long was he in your shop altogether? A. He was only person in the shop—I suppose he was there about five minutes—I am positive he is the man.
Cross-examined. Q. You shut up your house before you went out? A. Yes—I put my wearing apparel away on the Sunday night—there is nobody but my wife in my house—she has no friends within fifty miles—I was at worm on Monday morning, but not in the house—my wife was out before me—I had the key or the door, I came home to dinner at one o'clock, and locked it up at two.
(The prisoner's sister gave him a good character.)
GUILTY . Aged 23.— Transported for Life.
Before Mr. Justice Littledale.
1651. JAMES HATCH, HENRY HARRIS and MICHAEL SULLIVAN were indicted for feloniously and burglariously breaking and enteringthe dewlling house of Robert Kennedy Dickman about tweleve in the night of the 23rd of June, at St. Paul, Shadwell, with intent to steal, and stealing therein, 1 tea-pot, value 5l.; 1 tea-pot stand, value 10s.; 2 spoons, value 5s.; and 1 handkerchief, value 1s., the goods of Robert Kennedy Dickman: and 1 handkerchief, value 1s., the goods of William Henry Dickman.
ROBERT KENNEDY DICKMAN . I live at No. 189, High-street, in the parish of St. Paul, Shadwell. I keep the house—on Tuesday, the 23rd of June, I got up between six and seven o'clock in the morning, and went into the back parlour—I missed a silver tea-pot and stand, which I had used at tea the day before—It stood on the table—I went into the from parlour and opened the window—I found a small crow-bar lying on the edge of the window—I went into the kitchen, and found the window shutters had been forced open, and the sash lifted up—there are two drop bolts to the shutters—one of them had been wrenched, and the nails drawn.
MARY DICKMAN . I am the prosecutor's wife, I went to bed about ten o'clock—I was the last person up—I saw the kitchen window shutter—two drop bolts go into the sill of the window—I fastened them at the bottom, and there was a bolt in the middle of the shutters which went stiff, and I did not fasten that, but it was secured by the two drop bolts—the door was fastened—next morning my husband came up to me, between six and seven o'clock—I went down and missed the tea-pot and stand, and two tea-spoons off the tea-board in the back parlour—we used them the evening before—I missed from the front parlour a silver pepper-box and silver caddy-ladle.
Cross-examined by MR. PHILLIPS. Q. At what time did you go to bed? A. It was not later than ten o'clock—we keep a broker's shop—I fastened all the doors that night myself.
JOHN MURRAY . I am a policeman. On Tuesday, the 23rd of June, I was in Cannon-street, and was the three prisoner, about five o'clock in the afternoon, walking together—Hatch had a basket in his hand I knew the other two before when I came close alongside of Hatch, I laid hold of him, and took the basket form his hand—my father was with me—I asked Hatch what he had got there, and he said, "I know nothing about it, Harries gave it to me to carry "I then told my father to lay hold of the other two—I saw him lay hold of Harris—Sullivan started off—I called, "Stop thief," as loud as I could halloo—Sullivan got away—I saw no more of him till he was brought to the station-house—we took Hatch and Harris to the station house—I examined the basket, and found a silver tea-pot and stand, two silver tea-spoons, a caddy-spoon, and pepper-box in the basket—I searched Hatch, and in his hat found, and pepper-asilver chief, and in his pocket a piece of flint, and a duplicate, with a little bit of tinder on it, one bad half-crown, three good ones, two good shillings, and a knife—Harris had nothing—Sullivan was brought in within five minuter after we got there.
JOHN GEORGE MURRAY . I am the street-keeper. I was with my son, and saw him lay hold of Hatch—the other two prisoners were there, and went on—my son told not me to secure them—I laid hold of Harris, and Sullivan ran away—I did not see him apprehended—I called out "Stop thief!"—when I first took hold of Harris he asked what I wanted him for—I said he would soon know—as we went to the station-house, he said once or twice that he knew nothing of it—I did not know either of them before.
of June, I heard a cry of "Stop thief!" in Cannon-street, about five o'clock, and saw Sullivan running—I ran after him—he ran into Chapman-street and threw off his shoes—I missed him for four or five minutes—I then saw him come out of a house, and secured him, and he had his shoes off then—I asked him, as I took him to the station-house, what he had done—he said he had done nothing—I asked what he ran for—he said nothing—he had a price of dark wood, like mahogany, in his pocket, and he dropped it at the station-house.
HENRY HAINES . I am a policeman. On Tuesday afternoon, the 23d of June, I heard a cry of "Stop thief!" and saw Sullivan in custody afterwards—I knew him before—I assisted in taking him to the station-house, and saw him drop a piece a mahogany—he took it out of his pocket, and let it fall on his feet—I picket it up, and produce it.
JOHN MURRAY re-examined. Since the prisoner were spprehended I have been to the prosecutor's house. There is a drop bolt which goes from the kitchen shutter into the sill—that bolt was nearly wrenched off—the iron part of it was forced right back—the nails forced out—I examined an empty house adjoining, and noticed the wall, about a foot from the street door, had been dug away by some instrament—If it had been dug through, a person could have got throught into Mr. Dickman's house, but as it was, nobody could get through there—I saw this crow-bar applied to that place, and it fitted it in more than a dozen places—this was sight or nine days after robbery—there is a narrow passage at the back of the house.
JOHN DURANT . I am potato dealer, and live next door but one to Mr. Dickman's. The house between us is empty, and has been so for twelve months—Hatch came to my house on the 22d of June, at two o'clock an the afternoon—he brought me a letter, and asked me if I had any friends at Sydney—I said "No"—he staid in the shop about five minutes—he said, "Is your name Durant?"—I said "Yes", but the letter was directed to Grant—I said it did not belong to me, and returned it to him.
Cross-examined. Q. Should you know the letter if you saw it? A. There was a black seal on it. I cannot read—a man in the shop said it was directed to Grant—this is the letter (looking at it)—I know it by this black seal—the man read "Stepney, London," which was on the letter.
Q. It is directed to "Mrs. Durant," or "Mrs. Hatch, near the World's End, Stepney?" A. The person read it Grant—there is a regular post-mark on it.
Cross-examined. Q. How long do you think you laid awake after you went to bed? A. Half an hour, perhaps—I heard no noise.
WILLIAM HENRY DICKMAN . I am the prosecutor's son. This handkerchief is mine—I know it by the pattern—I live with my father—I saw it safe on the evening of the 22d—I think it was in my hat with my gloves—my hat was on the drawers in the parlour.
Hatch's Defence. I bought the things in Stepney churchyard, about two o'clock in the afternoon—I met my fellow-prisoners, and asked them to go with me—I was going to petticoat-lane, to sell them.
Harris's Defence. I know nothing about it, further than going to have something to drink with Hatch.
Sullivan's Defence. I was walking down commercial-road, and met Hatch—he asked me and Harris to go and have a pot of porter with him—he threw that piece of wood towards the five-place—I said I would pick it up, as it might be of use to me.
MATILDA MARY FARRINGTON . My husband is steward of ship, and lives at No. 5, Catherine-street, Stepney—I have know the prisoner, Hatch, for eight years—he lodged at my house—on Monday, the 22nd of June, I heard him knock at the door, and come in doors—I heard him speak to his sister, and ask her what o'clock it was—she said it had just gone eleven—she was in bed—I had just gone to bed—I heard him go into the back parlour, to go to bed—he slept there—I heard him close the outside door after him—I heard him called up to his breakfast the next morning, by his sister, about nine o'clock, and I saw him and his sister sitting down at breakfast—I did not go into his bed-room that morning.
MARY ANN TORRENS . I am the prisoner Hatch's sister. On the 22nd of June, he came home a little after eleven o'clock—there was nothing out of the way in his appearance—I live in Catherine-street, which is about a mile from High-street, Shadwell—he came into my room and got a light, and went to his own bed-room—I saw him in bed next morning, between eight and nine o'clock—he got up, and breakfasted—he brought nothing home with him.
NOT GUILTY .
Before Mr. Justice Littledale.
1652. JOHN BARRETT was indicted , for feloniously and burglariously breaking and entering the dwelling-house of James Russell, about twelve o'clock in the night of the 22nd of June, at St. Botolph Without Aldgate, with intent to steal, and stealing therein, I bonnet, value 8s.; the goods of Bridget Russell.
BRIDGET RUSSELL . I live with my father, James Russell, in Brownbear-alley, Aldgate—I do not know the name of the parish—he occupies the house—he rents it himself—I was with my father and mother at the club-house, on Monday, the 22nd of June, in Glass-house-street—we went there at nine o'clock, and staid till nearly twelve—I saw the prisoner at the club-house about eleven o'clock—he was sitting there, like other persons—he was a member of the club, and lived two or three streets from us—he is a ballast-heaver—I stopped at the club till we received information that somebody had robbed the house, and then I went home, and saw the policeman in the yard, with the bonnet in his hand, and the prisoner with him—It was my bonnet—I had seen it safe about nine o'clock that night—I took my other bonnet out of the same box as it was in—It laid in the band-box, in my bed-room—the bed-room door has no fstening—the outer door was secured with a spring-lock—my father keeps lodgers—the lodgers come in at all hours—there is a cord through the door, and they pull that and open it—any body could open it, by pulling the cord—we had three lodgers at that time—I left nobody in the house when I went out, except a little girl, nine years old, who was in bed—her father and mother lodge in the house—I found none of the lodgers at home when I returned, except the man who caught the prisoner with the bonnet.
Prisoner. Q. Did not you say you saw the policeman take the bonnet out of my hand in the yard? A. No, I did not; you were standing in the yard with the policeman when I came—there was nobody in the yard
but the policeman and the man who caught him—when I came there I did not see any girls there.
DAVID BUCKLEY . I lodge in Russell's house. I was at the club on Monday night, the 22nd of June, and saw the prisoner there after ten o'clock—I left at about a quarter to twelve o'clock—there is a small yard in front of the house—when I opened the yard door and closed it, I found the prisoner behind the door, with this bonnet in his hand—I laid hold of him, and kept him in custody will I sent for Russell from the club-house—I gave the bonnet to the policeman, who took charge of him from me.
Prisoner. Q. Did you take that out of my hands? A. Yes—I was quite sober—I went to the club about nine o'clock—I had no beer or spirits there—when I came into the yard, I cannot say whether the house door was open or shut.
JESSE THOWER . I am a policeman. I know Russell's house in Brownhear-alley—It is in the parish of St. Botolph Without Aldgate—on the night of the 22d of June, I was passing Brown-bear-alley, and heard words between Buckley and the prisoner—I went there, and saw the bonnet in Buckley's hand—he delivered it to me—this is it—Buckley had hold of his collar, and said, he had thieved this bonnet—I went into the house—both the yard door and the door of the house were open—I went up to a bed-room, and saw the band-box upset, and ribbons and other trifling articles about the yard—It was dark—I could see a man's countenance without the light—I saw some pieces of the same sort of ribbons in the band-box as I saw in the yard.
Prisoner. Q. Are there not bed people live up the court? A. Yes; at the other houses, but not at this—there are bad girls live in three house—there were no girls round you—there were no bad girls there.
MARY RUSSELL . On the night of the 22d of June, I went to the club-house, at a little after nine o'clock, with my daughter and Mr. Buckley—I locked the door, but there was a string by which it coutldbe pulled back—I left a little girl, eight years old, in the house—I came home, about ten o'clock, to see whether she was asleep—I let myself in, by pulling the string—I stopped about ten minutes, and then went back—I fastened the door after me, as before—I saw Buckley leave the club ten minutes before I came home—my daughter and I came away, and my husband followed us.
(Property produced and sworn to.)
Prisoner's Defence. I was going down there, and came by the house—I saw the door open—I stopped talking to a person there for about ten minutes, and Buckley came down, my back was against the door—he said, "Is that you Polly?"—I said, "No, it is not"—he said, "Oh, is it you Jack Barrett?"—I said, "Yes it is"—he kicked the bonnet before him, and took hold of me, and the policeman came up—a parcel of girls came up; he told them I had taken the bonnet, and the girls gave me some slaps in the face, and tore my waistcoat; the policeman came up and told them not to hit me—I never saw the property.
GUILTY of stealing only. Aged 23.— Transported for Seven Years.
Fourth Jury, before Mr. Sergeant Arabin.
1653. CHARLES NEALE and JOHN GOOD were indicted for feloniously assaulting Emma Ann Randall, on the 1st of July, at St. Leonard, Shoreditch, putting her in fear, and taking from there personand against her will, 1 shilling, 1 sixpence, and three-pence; the monies of William Randall.
EMMA ANN RANDALL . I live with my father, in Goldsmith's-row; he is a bedstead maker. On Wednesday, the 1st of July last, my father sent me into Hackney-road, on an errand to auy some tea—he gave me a half-crown—I went to a grocer's in Hackney-road and bought it, and had 1s. 6d. in my hand as I came back, about five o'clock—I was in Goldsmith's-row, walking along, and the money was taken out of my hand by Good—Neale stepped on my toe, and held me round the waist, while Good forced my hand open, and took it from me—they then ran away—I never saw them before—they were taken into custody about ten minutes or a quarter of an hour afterwards—I am sure they are the same persons.
Cross-examined by MR. DOANE. Q. Where is the tea-shop? A. A few doors round the corner—I know James-street; it is near where I went for the tea—a person named Deane is the master of one of the prisoners—I recollect his showing me a boy, and he asked me if it was the boy who took the money, and I said "Yes"—I never said I did not think he was the boy—I said they were the boys—I was frightened when they took the money—I am certain they are the boys who did it—one was on one side of the street, and the other on the other—they were both behind me, but I saw them when I was a little way own—I did not turn round; but when I was going down, I was them both together, and Neale came up first—he frightened me—he is bigger then me—he trod on my toe and held me round the waist—he came in front of me—I hallooed out—I cried—the other came up directly, and took the money—It was the charge from the tea.
WILLIAM RANDALL . I am a bedstead and cabinet maker, and was at work at the next house—my wife called me, and said, my child had been robbed—I ran out, and opposite Goldsmith's-row I received information from a young woman, and took the prisoners, in company together.
Cross-examined. Q. Where did you see them? A. In Birdcage-walk, facing Mr. Dean's door—he is the master of one of the boys—Neale was a little distance off—the girl who gave information pointed him out, and said he was one of them, and my daughter also—I took the prisoner not more than ten minutes after my daughter told me of this—I could not find a policeman—I took them myself, and afterwards gave them to a policeman—another girl wasexamined before the Magistrate, but she cannot be found.
Cross-examined. Q. Did you examine them? A. Yes; they denied the charge—I did not find the money—I understand they had been home.
Neale's Defence. I was going along Church-street, with the other prisoner—we came different ways home—when I came to the top of James-street, Dean called me down, and asked where I had been—I said to Church-street, to buy some laths—the little girl came up, and he asked her who took her money—she said she did not know who it was; but presently her father came up, and she called out "Father, there are the two boys who took my money."
Good's Defence. I went with him after the laths, and left him, and came another way home—I took in the laths, and in about ten minutes I came out again—two girls were at the door—my mistress said to the girl, "Is this the boy"—she said, "No, it was two bigger ones than him. "
considerably taller than the prisoner—I did not see him go up to her; but I saw the sweep, and another boy in a black hat—he ran away down Margaret-place—I heard the child cry—I went up, and asked what was the matter—she said a sweep had taken some money from her—I went directly to the sweep's house, and knocked at the door—Mr. Dean came to the door—I asked if his boys were at home—he said one was playing in the fields—he called him in—that was the prisoner Good, and he is quite innocent of it—he is not the boy who did it—the boy who did it was in sweep's clothes, and so was Good—the sweep that ran away had boots on, and the lace was tied round his naked leg—and the prisoner had slippers on—Neale was not there; for the boy who was with the sweep had a black hat on and brown clothes, and Neale had fustian clothes on.
COURT. Q. Do you live with your parents? A. Yes; they are pocket-book makers—I did not see any body rob the girl—but I saw the sweep, and the other boy run away form her, and heard her cry—I went up and asked her what was the matter—I did not go before the Magistrate—I told my father of it and Mr. Dean—I have never endeavoured to find who the sweep was—I did not see his features—the prisoner, Good, is a sweep—I have known him by his coming to my mistress to sweep her chimney—she is now dead.
Q. How came you to know these boys were taken up? A. Because I went myself to Dean's house—the little girl and her father came in, and saw the sweep—I should not know the sweep again who did it, unless I saw him in the same dress—I told my father of it direcetly.
(George Worrall, bricklayer, Barnet-street, Hackney-road; James Dean, master sweep; William Pickering, carpenter, Barnet-street, Bethnal-green; William Ramsey, King-street, Bethnal-greet; and John Bailey, plumber, Gibraltar-walk, deposed to the prisoner Neale's good character: and Thomas Harris, Baker's-rents, Hackney-road; John Lampey, sweep, New-court, Hackney-road; Francis Aldridge, labourer, Camden-town; and Samuel Asbby, sweep, Old-court, Hackney-road, to that of Good.
NEALE— GUILTY . Aged 15.
GOOD— GUILTY . Aged 16.
Of Stealing from the person only— Transported for Seven Years.
GUILTY .— Transported for Seven Years—See Page 440.
NEW COURT.—Wednesday, July 8, 1835.
Sixth Jury, before Mr. Common Sergeant.
GUILTY .— Confined Three Days.
(His master gave him a good character, and promised to employ him.)
26th of June I was near the Custom House—I received information, and missed my handkerchief.
WILLIAM CHILDS . I am beadle of Trinity-square. I saw the prisoner and another following the prosecutor up Thames-street—when they got near the Custom House, a cart stood by the curb—they then rushed up, and the prisoner lifted up the prosecutor's pocket and took out his handkerchief—I ran up, and took him with it, tucked between his legs.
Prisoner. I picked up the handkerchief on the curb, and I was going to give it to the gentleman—It is very odd to me how the officer could see through the cart. Witness. I swear I saw him lift up the tail of the coat, and take the handkerchief out—I stooped down and saw him do it.
(Property produced and sworn to.)
GUILTY . Aged 20.— Transported for Seven Years.
JOHN BOLTON . I live in Charles-square, Moor-lane, Cripplegate. On the 4th of July I saw the prisoner looking in at the prosecutor's window—he went in, and took up something—I gave an alarm, and he dropped these bristles.
MATILDA KNIGHT . I am the daughter of William Knight—he lives in Moor-lane. On the 4th of July, Mr. Bolton told me that the prisoner had got something under his coat—I went and told him to put it down—he took these bristles out of his pocket, or from under his coat, and threw them into the window; he then pushed me off the step—I should have fallen if it had not been for Mr. Bolton.
Prisoner. I took some nails out of the box—I did not touth the bristles. Witness. I am sure he threw them back—I did not see him take them.
Prisoner's Defence. I went in there for a halfpenny-worth of nails—this man then said I had taken something, but I had not—I went out, and went up Moor-lane, and was then brought back.
GUILTY . Aged 16.— Confined One Month.
GEORGE HARE . I am shopman to Mr. John Boards, a pawnbroker, in Shoreditch. On the 2nd of July, at half-past six o'clock, in the evening, I was standing by the door, the prisoner passed quickely, I went to a chest of drawers which were standings by the door and took this stand of cruets from off the drawers, and placed them under his jacket—he went up a court by the side of our house—I stopped him, and took them from under his jacket—I took him into the shop—he abused me very much—I got the officer, and gave him in charge.
(George Robert Kendal, an appraiser, of Beech-street, and Samuel Ingley, a watchmaker, gave the prisoner a good character.)
GUILTY . Aged 25.— Confined One Month.
WILLIAM ADNUM . I am shopman to Messrs. Thomas and Sidney Smith, pawnbrokers, No. 188, Shoreditch. We had a jacket outside the window on the 1st of July, for sale—It had a ticket on it—It was brought back to us with the ticket on it, as it has now—this is it.
SILVANUS GILL (police-constable H 55.) I saw the prisoner, on the 1st of July, running down a turning out of Shoreditch—I went down another turning, and met him with this jacket in his apron—I asked him what it was—he said another boy took it, and gave it him—I took him back,
GUILTY . Aged 10.— Transported for Seven Years.
Prisoner. They are hers; but I intended to get them out again.
GUILTY . Aged 27.— Confined One Month.
THOMAS GIRLING . I and my wife live in the back parlour at Not. 4, Lawrence-street, St. Giles. We went to bed between ten and eleven at night on the 3rd of July—I was sober—I had 18s. 6d. in money, among which were three half-crowns; one of them was a new one—I counted my money, put it into my fob, and put my trowsers under my pillow—I had a pocket handkerchief in the room, and my neck handkerchief was on the table or on a chair—my wife let the prisoner in, and I awoke when she let her in—she laid down by the side of my wife—when I awoke in the morning, instead of finding my trowsers under my head, they were on the floor, and the money was gone, and my two handkerchiefs—the prisoner was gone also, and the door was wide open—I went. out and found the prisoner coming out of Clarke's gin-shop, with my silk handkerchiefs round her neck, and my other handkerchief in her hand—I took hold of her arm, and said, "Where is my 18s. 6d.?"—she said, "Fellow, do not talk to me"—I took her to my room, and she took her bonnet, and was going away—my wife got an officer—a few halfpence were found on her—on one but her had been in the room; for the door was bolted.
Prisoner. I only came out of trouble on the Thursday, from having fourteen days—I had no lodging, and I went where this woman, who he calls his wife, lives, with him—I had become acquainted with her in prison—I lodged with her that night—I then went and pledged a shawl for half-a-crown,
and got some tea—I left the ticket there, and the next morning it was gone—I met a woman who gave me a sovereign—I went to the Crown and changed it—I spent 4s. on her and her companion—I then tied 18s. 6d. in the corner of a handkerchief—I had some brandy and ale, and this fellow came and tried to get me away, but I would not go—I then went to this girl's lodging, and laid down, not knowing that this man was coming in—she said had quarrelled with him—when I awoke in the morning, I found the 18s. 6d. tied in a corner of his handkerchief, instead of my own—I took it, and went to the liquor shop—when I came back, he said I had robbed him—I said I had not—he and she both said they would give me a good hiding—they struck me, loosened all my teeth, and knocked me on the floor—I screamed, "Police"—I was taken—I sent to the liquor-shop for 11s. 6d. which I had left there—this woman's name is Phœbe Topling.
COURT to THOMAS GIRLING. Q. Is this woman your wife? A. Not my married wife—she had lived with me four months—the prisoner was not in bed before I got home that night—I was in bed, and she was let in afterwards—I swear the 18s. 6d. was my money—these are my handkerchiefs—she did not leave any handkerchief in the room—I did not strike her—I had been drinking part of the day, after I left my work—I was sober when I went to bed—I can wear I put the money into my fob, and under my pillow.
Prisoner. He struck me—I came in here with a black eye. Witness. I swear I did not strike her at all—I saw not marks of blows on her—she did not return to the lodging—I caught her at the gin-shop—all she left at my lodging was her bonnet.
PHŒBE GIRLING . I pass as the wife of the prosecutor—he came home, as near as I can guess, between nine and ten o'clock that night—I was at home at the time—I went to bed about nine o'clock, and he went to bed about half an hour after he came in—he been drinking, but was none the worse for liquor—he took a chair, sat down, and counted him money, put it into his fob, and placed his trowsers under the pillow, under his head—he came to bed, and about twelve o'clock the prisoner was brought in by two women—she appeared very much in liquor, and had her hair all about her shoulders—I told her my husband would be very angery but I unbolted the door, and let her I, and she laid down by my side—I fell asleep, and never awoke till my husband awoke me in the morning, saying he had lost his money, and the door was wide open—he went out, and brought the prisoner in in about five minutes—there was no blow struck—I went and got an officer—my husband gave her in charge—I never was in prison.
Cross-examined by MR. CLARKSON. Q. How long had you been living with this man? A. About four months—upon my oath I never was before a Magistrate till on this business—I do not know captain Ackland—I lived where I now do five months ago.
Q. Did you ever go by any other name? A. No, only Phœbe Topling, and since I have been with him by the name of Girling—I do not know tothill-fields—I never was in any prison—the prisoner came to me on the Thursday, and said she had come that morning out of prison, and asked me to give her a lodging—I said I would speak to my husband about it, but she might come; I would give her a lodging, rather than she should be in the street—I am not in the habit of receiving females, but I took her in out of friendship.
JOHN CAYFORD (police-constable E 97.) About twenty minutes past five o'clock in the morning the prisoner was put into mu custody, in Lawrence-lane—she had no blood or marks of violence on her face—I found these two handkerchiefs on her.
Prisoner. Q. Did you see no blood on me? A. No none whatever.
JOHN PIPER (police-constable E 111) I was at the station-house, and received the prisoner—she was very tipsy—I put into the cell, and laid her along one of the scats—In about half an hour I heard a noise—I went into the cell again, and she had fallen off, and struck her nose and chin, and made her face bleed.
SAMUEL WOOD . I am barman to Mr. Williams, who lives in Plumtree-street, St. Giles. The prisoner came in that morning, in great haste for a glass of gin—she threw down 18s. 6d. on the bar, and three half-crowns were among it.
Prisoner. I leave myself to your mercy—I do not much care what becomes of me.
GUILTY . Aged 21. †— Transported for Seven Years.
1662. PHILIP MAINE was indicted for stealing, on the 28th of June, 1 jacket, value 7s.; 1 waistcoat, value 2s. 6d.; 1 pair or trowsers, value 6s.; 1 pair of braces, value 6d.; 1 shirt, value 1s.; and 1 cap, value 3s.; the goods of John Humphries.
GEORGE WILLIAM HUMPHRIES . I am ten yeard old. I live with my father. John Humphries. who is a trimming maker, in golden Lion-court, Aldersgate-street—I know what will become of me if I do not tell the truth—I had these clothes, which I took off and left with William Gritton, in cannonbury-fields, while I went into the water.
Prisoner. He asked me to mind them. Witness. No, I did not—he was there when I asked Gritton to look after the clothes—I was bathing, and left the clothes, and Gritton was sitting on them—the prisoner was there when I went into the water.
Prisoner. He gave me the clothes to mind, and then Gritton went away, and I was looking after him—I did not see this boy in the water.
WILLIAM GRITTON . The last witness gave me the clothes—I was sitting upon them when the prisoner came and took them from under me—I went to Humphries, and told him what Maine had done—I did not know Maine—he ran away with them out of sight—he said "George William Humphries desired me to tell you to give me the clothes; he is in the rives.
COURT to G. W. HUMPHRIES. Q. Did you ask the prisoner to mind your clothes? A. No; he asked me to let him mind my clothes; but I said "No," and gave them to Gritton.
GUILTY . Aged 14.— Transported for Seven Years.
WILLIAM GROVES . I was at a skittle-ground at Ealing, at half-past five o'clock in the morning, on the 28th of June—the prisoner was there too—I could not get into my landlady's house to sleep, and was sleeping there I awoke, and found the prisoner's hand in my pocket—I had two half-crowns in my pocket—the half-crowns were in his hand—I said, "Do not
go away, you have robbed me of two half-crowns"—he made no answer, but got over the pales, and went into the fair, and went in and out of the stalls—he was afterwards taken at the Bell—he had changed one half-crown there, which I had told about—It had a dent on it, and a scratch on it—I had noticed it before—this is the one; I can swear it is the one I lost.
MORTY FLINN (police-constable T 46.) I met the prosecutor at half-past five o'clock; he said he had been robbed of two half-crowns—I went to the Bell public-house, and saw the prisoner there—I laid my hand on his shoulder, and told him I wanted him—he said, "Do you want me, or does the man who was robbed want his money"—I said, "You seem to know all about it"—I went to the landlord, and asked if he had changed any money—he said, "Yes, half-a-crown"—but he could not tell which, as he had taken five that morning; but he laid them all on the bar, and prosecutor picked out this one—I found four shillings on the prisoner, but no half-crown—It was about seven o'clock when I came in.
Prisoner. I am innocent—there was no one but him and me in the skittle-ground.
GUILTY. Aged 20.—Recommended to mercy by the prosecutor. — Confined for Nine Months.
JOHN THOMPSON . I am a blacksmith, and live at No. 21, Dock-street, On the 4th of July, I was going down Ratcliffe Highway—the prisoner asked me for charity, and told me of the great distress he was in, being out of a ship, and said he had a prospect of getting a ship the next morning—I gave him some bread and beer—he then asked me to give him lodgings—I said I could not give him a bed, but I would give him shelter—I let him into my bed-room, and placed him into a chair—I went to bed, and left the clothes stated on the chair—I awoke in the morning—the prisoner and things were gone—these are the articles; I know them to be mine.
Prisoner. I was better than half drunk—I went and turned in with this gentleman—I got up, put the clothes on me, and walked away. Witness. I do not know that he was drunk—he produced me a character, which made me take more pity on him.
Prisoner. The prosecutor had got the clothes on his arm, before the policeman took me. Witness. I saw the prosecutor running down the street; I ran after him—he was in the act of taking the things from the prisoner's arm.
GUILTY . Aged 27.— Confined Three Months.
RICHARD WILLIAM STONEHOUSE . I am a potato-salesman, and live in Narrow-street, Ratcliff. The prisoner was my errand-boy for about three weeks—the policeman brought me a piece of a spoon; I then examined, and found I had lost six; five old ones, and a new one—this is one of them.
JOHN MIDDLEDITCH . I am a watch-maker. On the 27th of June, the prisoner brought me this broken spoon to sell—he said he had broken it in cleaning it, and his master sent him to sell it, and he had to replace it by another, which would cost him 3s. 6d.—I knew it would cost more than double that, and I said this one would mend—he said he would rather have another, and sell that—he then tried to get the spoon back; a acuffle ensued, and he ran away—he had given his name as "Thomas Flyn, at Mr. Brown's, a potatoe-salesman. "
GUILTY . Aged 14.— Confined Three Months.
GEORGE STRANGE . I came up to Tottenham on the 29th of June, to work as a hay-maker. I went to a shop for some tobacco, and laid down a small bag, which contained 3sI had taken out a sixpence to pay for the tobacco—I went out and forgot the bag—I went back, in about three minutes, and asked Mrs. Miller if she had seen it—she gave me information—the prisoner was taken afterwards, and denied having the purse or the money; but when the constable took him, he said, "Here is the man's 3s."—the purse was dropped at the spot where the prisoner stood, a little boy took it up, and brought it.
ELIZABETH MILLER . I keep the shop. I remember the purse being left on my counter—I held it up, and asked if any one owned it—a man who was one of the hay-makers, said it was his, and I gave it him—I cannot say who it was.
RICHARD HEDGES . I live at Tottenham. The prisoner came to my house for some tobacco—I would not serve him—he went into Mr. Miller's, and then came to my house again—Miller then came in, and accused him of this, and he denied it—I sent for the constable—the prisoner dropped the purse against my door; and when the constable came, he said, "Here is his 3s. "
Prisoner. I did not drop the purse at all. Witness. Yes, he did; and he acknowledged he had got the money; and gave it to the constable.
GUILTY . Aged 18.— Confined One Month.
THOMAS COPE . I am the son of Thomas Cope, of Cheapside. I was in Fleet-street on the evening of the 6th of July, and felt something—I turned, and saw the prisoner take my handkerchief—I followed till he was taken in Show-lane by the officer—this is my handkerchief.
THOMAS ILSLEY . I saw the prisoner that evening at the corner of 8 Shoe-lane, at half past nine o'clock—I saw him at the prosecutor's pocket—he ran past me till he got to the Morning Herald office—he there threw this handkerchief down on the rails—the prosecutor was running after him.
JOHN HUCKLE . I am an officer. I saw the prisoner running in advance, and several persons running after him—I ran out of my shop, and threw him down on the steps of the Morning Herald Office—this handkerchief was taken up, and given to me.
GUILTY. Aged 21.—Recommended to mercy by the Prosecutor.
Confined Three Months.
JOHN CROOK . On the 10th of June, the prisoner came to me in Bishops-gate-street—he asked me if I was willing to earn a pound—I said I was out of service, and should be glad to carn a pound—he said he had got a duplicate of a gold watch, and if I would take it out he knew a gentleman who would give five guineas for it—I went with him to Dept ford—I took it out for four guineas—I came back with him to Brown's-lane in the evening, and he then said if I would let him have the watch he would go to the gentleman with it—he took it, and I never saw him again till he was into custody.
Prisoner. I told you I had the ticket of a watch, and if you would go and get it, we would share the profits—we went and got it—I put it into my pocket—when we got to the rail-road you asked to look at it, and I let you—we came on, and tried several pawnbrokers to get the money on it again—when we got to Brown's-lane, I said, "If you will wait here a quarter of an hour or twenty minutes, if I do not come back you may call me in the morning; you know where I live, "and if you had called you would have had the watch—I should suppose I was part owner of the watch, as we were to share the profits—the watch was given to me, as I understood most about it—he told me to put it into my pocket carefully, and mind it did not fall—he told me to do what I could with it. Witness. We went to two or three pawnbrokers to try to pawn it—I had known him about seven weeks, but I did not know where he lived till I went on the coach rank the next day, and inquired, and when I went to his house he was not at home—I went three times, but could not find him—I gave the information at Spitalfields station-house, and he was taken in ten days or a fortnight afterwards—the pawnbroker gave me the watch—I had it till we got to Brown's-lane, and then he asked me for it, to show to a gentleman who he said was a clerk.
Prisoner's Defence. We have been in one anothers company frequently, and drank together on the stand, but now he denies all knowledge of me—we went and redeemed the watch—the pawnbroker said he would lend the same money on it again—Crook gave it to me look at—I said it would do very well—when we got to the rail-road he asked me to let him look it, I did so he gave it to me again when we got to Brown's lane I took it and said, "If I do not come back in a quarter of an hour or twenty minutes, come to me in the morning"—I am a whip-maker by trade, and drive a cab occasionally.
GUILTY. Aged 33.—Recommended to mercy by the prosecutor. — Confined Six Months.
BENJAMIN DENTON . I keep the Kent and Essex Inn, in Whitechapel. I was alarmed on the morning of the 28th of June—I found the soap-chest had been broken open, and forty bars of soap taken away—I went with the policeman to Wentworth-street, which is about three minutes walk—we
found some traces of soap there, and found the prisoner secreted in a privy with soap between his fingers—It was then between four and five o'clock in the morning—part of the bars of soap were found near to where he was—this is it—I am satisfied it is mine—they had got it out by getting on a building, talking the tiles off, and then letting themselves down into a shed—we found the soap in this bag, which is not mine—the prisoner pretended to know nothing about it.
Prisoner. I saw him put a piece of money into the witness's hand, Witness. I did not do any such thing.
HANAH CAMDEN . I am out of place. I was staying in Rose and Crown-court, which is opposite Mr. Denton's premises, on the morning stated—I heard a noise between three and four o'clock—I got up, went to the window, and saw a man walking on te top of Mr. Denton's premises—I afterwards looked out again, and saw the prisoner's head inside Mr. Denton's door, which was then open.
Prisoner. Q. Did you not say you did not recollect my face, but you thought it was me? A. No; I swear you are the man.
ABRAHAM SCOTT (police-serjeant H 12.) I assisted in searching for the soap. I found the prisoner with soap on his hands; and this soap in the bag was found up one pair of stairs, not above seven or eight yards from where he was.
Prisoner's Defence. I went into the house with a young woman. I asked her to wait while I went to the privy—the officer then came and took me—I know nothing about it.
GUILTY . Aged 27.— Transported for Seven Years.
JOHN LANSDOWNE . I live in Queen-street, Chelsea, and am a stone—sawyer. On Saturday night, the 5th of July, the prisoner was about my yard—he said, he was without employ—I told him to wait till I got my money, and I would give him something to eat and drink—we went to a house near South ware-bridge, and had something; when we came out, I said, I would have a cab—he said, he would ride with me—before I got into the cab, I looked at my money—I then had one half-crown and six shillings—we got up into the cab—I was tired and fell asleep—we went to a street near Jew's-row, Chelsea, where they put me down—I then put my hand into my pocket, to pay the cabman, and missed my money—I directly caught hold of the prisoner, and said he had been robbing me of my money—he said, he had done no such thing, and he had no money about him—I held till the officer came up, and he was taken—as he was going to the station-house, along the Jew's-row, he put his hand into his pocket, pulled out some money, threw it over a wall, and said, "There is your—money, go and fetch it"—this is my knife; it was found on him at the station-house.
Prisoner. He lent me half-a-crown, and he lent me his knife when he went to get him money—as we were going up the Strand, he called for some drink, and the cabman went and got it for him.
Witness. No, I did not; nor did I lend him any money.
about three o'clock in the morning—I went up, and the prosecutor had the prisoner by the collar—he said he had robbed him of 8s. 6d.—I said, "In what manner"—he said "I got into the cab, and I had 8s. 6d.; if he has any money, it is mine, for he had none;" I took him by the arm, and led him along—he said to the prosecutor, "John, I did not rob you; I have no money but a few halfpence—he pulled out some halfpence—I saw there was a silver shilling among them—I took them and found 1s. 31/2d. in all—I then took him along by the Bun House—he got very restive, and I called another constable—the prisoner then pulled out some money, and threw it away, and said, "There is your b—y money, go and get it"—I fond two knives on him at the station-house; this is one—we went to where he threw the money, and found this half-crown.
GUILTY . Aged 27.— Confined Six Months.
FRANCIS JURY JUN . I am the son of Francis Jury—he had a chain cable belonging to the barge Robert Mann; it was off Union Stairs—on the 1st of July, and made fast—on the next day I was rowing past, and saw two men with the cable hooked to their grapplings—I called to them that it belonged to me—they used bad language, and threw it overboard—I think the prisoner, Tappey, was one of the men; the other I cannot swear to.
Cross-examined by MR. MAHON. Q. Did you say, at the Thamas police-office, that either of these prisoners were the men? A. I said I believed Tappey was one; he looks like him—I did not ask the men to bring the cable to me—It was between ten and eleven o'clock in the morning when I saw them—they might have said that they wanted to see whether the cable was adrift—I told them to let it alone—they did not reply "Who is to pay for catching it," as it was adrift—they said they were paid for picking up chain cables—I told them to let it alone, and they threw it overboard—when these things are adrift they ought to be picked up, and brought to the water bailiff, and the men said they would take it to him.
JOSEPH GALLOWAY . I am a Thames police surveyor. About one o'clock in the night of the 3d of July, I saw a boat pulling under a tier of vessels—the two prisoners were in it—I came side, and found in it this chain cable of 400 and odd pounds weight—before I got hold of them, Tappey got on board a French vessel—while I was getting after him, I was called and told that Gray had jumped over-board—he was got out of the water, and Tappey was taken into another boat.
Cross-examined. Q. Did you know the prisoner before? A. Yes; they are dredgers; they go about the river to pick up ropes by day, but not at night—persons may be employed to do so at night, but they do not jump over-board—chain cables have been picked up, and brought back to the water-bailiff.
NOT GUILTY .
1672. GEORGE ABBOTT was indicted for stealing, on the 25th of June, 1 bed, value 15s.; 3 pillows, value 5s.; 1 frying pan, value 6d.; 1 blanket, value 3s.; 1 pail, value 1s.; 3 saucepans, value 1s. 6d.; 1 sheet, value 2s.; 2 boxes, value 2s.; 2 flat irons, value 1s.; 1 table cloth, value 3s.;2 salts, value 6d.; 2 chairs, value 2s.; 1 wine glass, value 3d.; 5 cups and 5 saucers, value 5d.; 3 basins, value 6d.; 8 plates, value 3d.; 1 dock, value 5s.; 1 dishes, value 3s.; 1 bread-tray, value 6d.; 1 tea kattle, value 1s.; 1 fender, value 1s.; 1 candlestick, value 6d.; 1 looking glass and frame, value 2s.; and 1 tea tray, value 1s. 6d.; the goods of William Coote.
WILLIAM COOTE . I am a carpenter, and live at Bethnal-green. The prisoner lodged a month with me—on the 29th of June I quarrelled with my wife, and when I went home at eight o'clock that night, the prisoner was gone, with my wife, and all the articles stated—I went with the policeman to No. 1, tarling-street—we went up stairs and knocked, and the prisoner came to the door in his shirt—I saw the articles in the room—I said, "These are my goods, and I will have them"—the prisoner said, "I will see you d—e first"—I went in and found my wife undressed, and my child was asleep on the bed.
Prisoner. He has paid the rent of the room, and supported his wife since—she employed two men to take away the things—I neither advised it to be done, not took them away—he turned me out of doors. Witness No; I gave him warning to go, and he said, "I shall take no warning, I shall stop as long as I like.
CATHERINE BOWDEN . I am the wife of George Bowden; we live in Tarling-street, St. George's. The prisoner came that morning, and took this room—he said he should want to move in early—he said he had a person to come with him, who I understood was his wife, and he said he had a little girl, two years and a-half old—he came about twelve o'clock with a lady, who I understood was his wife, and the child—he was to pay half-a-crown a week for the room—these articles were brought—the prisoner helped them up, and I believe I carried one or two things up stairs myself.
Prisoner. Q. Did I employ any body? A. I do not know—I saw you carry up the bed—the prosecutor has paid me the rent.
(Property produced and sworn to.)
Prisoner's Defence. I lodged with this man for four months instead of one—I paid him or his wife from eight to ten shillings a week, for board, lodging, and washing—he quarrelled with her at different times—he threatened her life—he threstened to stab her, and I stopped him at different times—on the Wednesday night he got out of bed, and struck her three times—I got out, and said, "Do not ill-use the woman"—the next morning he left her; she sold some things, and asked me to hire a room for her—the things were brought there by two men—I stood in the passage, and one of the men said, "Give me a hand to shove this bed up, "Which I did—I never sold the goods, nor had any benefit from them.
---- WILTSHIRE. I lodge at the prosecutor's—I heard the prisoner say, "Mrs. Coote, do not let me persuade you to leave this place; consider what you are doing"—she packed up the things, an sold some to two brokers—her husband had encouraged her to go with the prisoner, and bought her fine things to go out with him. I have heard him tell her, she might sell the things, and go and be d—d with him or any body else.
---- COOTE. I am the prosecutor's wife—I went to the brokers,
and sold some goods, and employed them to take these things to that house—I desired the prisoner to go and hire a room for me—he wished me to stay where I was—he did not take any part of the money—on the Wednesday night my husband struck me three times, and the prisoner got out of bed to take my part—my husband has said many times that I might sell the goods and go away, or he would sell them and give me the money—he said he would not file a bill against the prisoner, or if he did, he would make a flaw in it—he brought me things to go to different places with the prisoner.
NOT GUILTY .
Before Mr. Sergeant Arabin.
EDWARD EARLES . I live next door to John Giles's shop in Shoreditch. On the 3rd of July I saw the prisoner looking in at the window—I watched, and saw him enter the shop, and return with this parcel of goods, which he put into the apron of his companion, and ran away—I pursued and caught hold of his arm—he dropped these goods, and I took them up—the prisoner was taken within a minute afterwards—I am sure he is the person.
SAMUEL ROSE . I saw the prisoner, with two others, at Mr. Giles's shop—the prisoner went in and brought out an arm full of trowsers—he gave them to another, and crossed over opposite my shop—I stopped him.
GUILTY . Aged 20.— Confined Six Months.
GEORGE BOXALL . I live at New Brentford, and let lodging. I furnished the prisoner with a bed, on the 7th of July—I never saw him before—he paid me 8d. for the bed, the evening before—he was going away at rather better than half past six in the morning—he came to the bar and asked for half a pint of beer—I saw part of the sheet under his waistcoat—I sent my boy to see if the sheets were right—he came down; the prisoner passed the boy in the passage and ran up stairs—I went up after him, found him in the room by the bed, and this sheet folded up, as it is now.
WILLIAM EARLE . I live with the prosecutor. I saw the prisoner at the bar—my master told me to go and see whether the beds were right—I went, and two of them seemed as if they were right—the prisoner came past me and ran up stairs—I went up afterwards and found this sheet between the bed and the wall—It was a sheet belonging to my bed—I did not put it there.
Prisoner's Defence. I came for half a pint of porter—I went up stairs again, intending to lay down an hour longer.
GUILTY. Aged 44.—Recommended to mercy. — Confined Three Weeks.
JOSEPH HILLMAN . I live at Brentford, and am a glass-cutter. The prisoner was my servant—h had been with me from the 13th of November 1834—he made up his accounts weekly, or as often as I asked him—he kept a general day hook and a cash book—If he received a sum he was to enter
it, and write out a little slip of paper of Saturday night from his book for me.
HENRY GALE . I had some glass from Mr. Hillman's Shop, for which I paid the prisoner 3l., some odd shillings, and 5d.—It was on the 12th of June—this is the bill and receipt which was sent over with the glass—we paid him a few days afterwards—there is no date to the receipt.
Cross-examined by MR. PHILLIPS. Q. Were you reading out of the receipt when you called it the 12th of June? A. It was on the 12th of June the bill was brought over with the glass—I paid it two or three days afterwards.
JOSEPH HILLMAN . On the 13th of June there is an entry, giving Gale credit for 2l. 2s. 5d., leaving 1l.—he paid me over cash on the 31st of June—here is no entry of the others in the cash book, but there is in the other book—he has accounted for 1s. 6d. out of the 6d.—he had entered Mr. Pitt as still owing me the money.
Cross-examined. Q. How long has been at a time without accounting to you? A. I cannot exactly tell-generally a week—I go on journeys sometimes—the last time I was away for a fortnight, or probably more—I left him to act for me, I will not swear that he has not been a fortnight without accounting to me, when I have been from home; but he has not been three weeks—I saw him at my shop one night slightly intoxicated—he had been intoxicated in the day—I turned him out of the shop, and threw his hat and coat after him—he came the next morning, but I would not allow him to come in—I owed him 3s. 6d. for wages, but he owed me 5s.—I turned him out because I had given him warning several times—I had forgiven him once before for a similar offence—my wife has sometimes received money of him in my absence.
NOT GUILTY .
Fifth Jury, before Mr. Common Sergeant.
1676. SAMUEL HOLMES was indicted for stealing, on the 5th of July, 1 tongue, value 4s.; 3 tame doves, value 7s.; and 1 tame pigeon, value 7s.; the goods of Richard Booty Cousens, he having been before convicted of felony: and MARY SYMONDS was indicted for receiving the same, well knowing them to have been stolen, against the statute, &c.
RICHARD BOOTY COUSENS . I live in York-square, Commercial-road. On the 5th of July I went into my back yard, about half-past five o'clock I missed a bullock's tongue, and these doves, which I had seen safe about ten o'clock the night before—I informed the policeman, and we traced some feathers to Three Compass-court, Brook-street, Ratcliff, to the house of the prisoner Symonds, which is a quarter of mile from my house—the policeman asked if any boys had been there; or if any body had brought any doves—Symonds said "No"—the policeman went up stairs—I staid below, and found, in an iron pot on the fire, the tongue which I had lost—Symonds
said she did not know how it came there—the policeman said she must go to the station-house—a girl came forward and said she should not go, for she would tell who she had it from—she said she received it from Smouchee—we found the entrails of one bird—the feathers which were found were the feathers of my birds, I have no doubt—I saw the claw of a Jamaica pigeon at the police-office.
GEORGE MURRAY (police-sergeant K 25) I took the prisoner Holmes—I charged him with taking the tongue—he said "I know nothing about it; but I saw a dog running down White Horse-street with it in his mouth; I stopped him, and gave the tongue to old mother Symonds to cook. "
RICHARD BOOTY COUSENS re-examined. Q. Was there any appearance of any dog being there? A. No dog could have got at them; and there were marks of mud over the wall—they must have got over a wall eight feet high—the tongue was in a tub of pickle in the yard—It was about eleven o'clock when we found it at Symonds. '
JOHN MELVILLE (police-constable K 63) The prosecutor met me in the street, and drew my attention to the feathers of some birds—we traced them to Three Compass-court, where Symonds lives—I went in, and asked if she had seen any boys—she said "No"—I went up stairs, and Mr. Cousens called me down—I came and found this tongue in the pot—I said she must go to the station-house—a woman outside said "No; she shall not go—I will tell you who brought it"—I found a pigeon's claw outside the threshold of the door, close to the lintel.
HOLMES— GUILTY . Aged 13.— Transported for Seven Years.
SYMONDS— NOT GUILTY .
(The prosecutor did not appear.)
NOT GUILTY .
1678. ALEXANDER CLARK was indicted for breaking and entering the dwelling-house of Alexander Jamieson, on the 21st of June, at St. Dunstan's Stebonheath, otherwise Stepney, and stealing therein 1 table-cover, value 20s.; 1 shawl, value 20s.; 1 pair of sugar-tongs, value 16s.; 1 spoon, value 4s.; 2 coats, value 30s.; 2 pair of trowsers, value 24s.; 1 belt, value 1s.; 2 shilling, and 9 pence; the goods and monies of the said Alexander Jamieson.
MARY JAMIESON . I am the wife of Alexander Jamieson—we live in Patterson-street, in the parish of St. Dunstan, Stepney. Between four and five o'clock in the morning of the 21st of June, I was alarmed by Sullivan—I went into my parlour—I had seen the parlour window fastened the night before—I found a small hole made in the window, just above the catch—I missed this table-cover, this belt, and these other articles—I do not know what they are worth—they cost more than 5l.
Cross-examined by Mr. DOANE. Q. Were you the last person who went to bed the night before? A. No; the servant was—when I came down in the morning, the parlour window was open, and the policeman was standing
there—the shutters were open—this belt had been brought home by the tailor, with my children's clothes, the night before—my husband is at sea, he went Last August—I heard from him a week ago—I was married at Stepney church, nearly three years ago.
HANNAH AYRE . I am servant to Mrs. Jameison. I shut the parlour shutters that evening—I pulled the window down, and closed the sash at a quarter past nine o'clock—a young man had brought these clothes at half-past eight o'clock, and they were placed on the sofa—I believe I was the last person up.
RICHARD HERBERT . I was passing down Patterson-street, about four o'clock on the morning of the 21st of June, and saw two men come out of the prosecutor's window—they made away for the fields, as fast as possible—I should not know either of them.
DANIEL SULLIVAN (police-constable K 171. I saw Herbert that morning—he gave me information, and ran after two persons whom I saw running—I saw them first by an unfinished house, sixty or seventy yards from Mrs. Jamieson's—I followed them a considerable distance, into the Mile-end-road, till a man stopped the prisoner, who was one of them—I found on him this belt, and this chisel—I compared this chisel with the marks on the prosecutrix's shutter—there was a slight mark on the shutter, which corresponded with this chisel—I cannot say it was opened by this.
Cross-examined. Q. There are a great many chisels alike? A. Yes; the man who was with the prisoner got away.
THOMAS SMITHERS (police-constable K 101.) I went to the empty house in the fields, near which Sullivan saw the prisoner, and the other man; I found there, these two suits of children's clothese, and this shawl.
Prisoner's Defence. I am quite innocent—I was merely lying down in the field.
(Charles Missent, a baker, of Crucifix-lane, Bermondsey, and James Mann, and William Bouvier, in the employ of Mr. Wiggins, a hop merchant, gave the prisoner an excellent character.)
GUILTY of stealing under the value of 5l. Aged 23.—Recommended to mercy by the Jury. — Transported for Seven Years.
OLD COURT. Thursday, July 9th, 1835.
Second Jury, before Mr. Baron Parks.
1679. OCTAVIUS SMITH was indicted , for the he, on the 12th of March, feloniously did forge a certain order for payment of money, as follow:—"2nd of March, 1835, Messrs. Stone, Martin, and Stone, pay to Chichester Savings Bank, or Bearer, £400. Easthope and Son, "with intent to defraud George Stone and others.—2nd COUNT, for uttering, disposing of, and putting off the same, with a like intent; other COUNTS, varying the manner of laying the charge.
MR. LEE conducted the Prosecution
that, Easthope and Son kept a banking account at our house; I knew the prisoner as their clerk before that—he had been to out bank several times—he was there on the 12th of March, and presented this cheque—It was between two and five o'clock—I gave him two £200 Bank of England notes for it, No. 9502, dated the 12th of February, 1835; and No. 9515, of the same date—I merely asked him how he would like to have the amount; nothing more passed.
Cross-examined by Mr. STURGEON. Q. Are you in the habit of having many cheques from Easthope and Son? A. Every day—I cannot say exactly what number—I do not remember how many we had on the 12th of March—I swear that the particular cheque was presented by the prisoner.
JOHN EASTHOPE . I was a stock broker until the 25th of March, carrying on business in the City. The prisoner was in my service as a junior clerk, and had been so about seven years—I was in partnership with my son—I kept a cash account with Messrs. Stone—the prisoner continued in his place until the 13th of March, and then left without our knowledge—In consequence of something I heard, I afterwards saw this cheque in the possession of my bankers—I never drew this cheque, nor was it drawn by my authority, nor by any body authorised to draw—my son signs cheques; I believe the hand-writing in the body of the cheque to be the prisoner's—the signature is disguised, to appear like my son's but the body of it is not disguised—the prisoner was not in the habit of filling up cheques—the signature, I believe, is not my son's hand-writing—I cannot say whose it is.
Cross-examined. Q. Was any one authorised to draw cheques besides yourself and son? A. The cashier; but he signs his own name "for Easthope and Son"—nobody was authorised to sign Easthorpe and Son, besides ourselves—the prisoner bore a very honest character until we felt some difficulty just about this time; but for several years I had a very good opinion of him—he was fourteen or fifteen years old when he came into our service.
JOHN EASTHOPE, JUN . On the 12th of March I was in partnership with my father—the body of this cheque is in the prisoner's hand-writing—I cannot say whose hand-writing the signature is, it is not mine—this cheque was not drawn by me or by my authority—the body of this cheque for £12. 10s., (looking at one) is in the same hand-writing—I do not know whose hand-writing the signature is—It was not drawn by my authority or knowledge—the prisoner left our service on the 12th or 13th of March, without our knowledge.
Cross-examined. Q. Are you aware whether he had authority to fill up the body of cheques? A. Yes; he used to fill them up.
MR. LEE. Q. Up to what time? A. Up to June, 1834, when a gentleman named Bartlely came into our service—he has never filled up but one cheque since that period, and that was for his salary—he did that with my permission—this is it—It is dated 26th September.
EDWARD YOUNG BARTLEY . I am cashier in the service of Easthope and Son. I came into their service at the end of July—from that period up to the 12th of March, I was in the habit of drawing cheques—I believe the body of this £400 cheque is the prisoner's hand-writing—the cheques I draw are signed for Easthope and Son, with my own name—I did not give the prisoner authority to draw either of these cheques—It is the custom of our house to number the cheques, in the order in which they leave the counting-house—the numbers in use, about the 12th of March, were about the same as these—the 400l. is dated on the 12th ofr March, and the 12l. 10s. on the 11th—the cheques were looked up at night—they were
in the counting-house in the day-time—the prisoner would have access to that place—there are three clerks, including the prisoner and myself.
WILLIAM COLE . I am cashier in the banking-house of Messrs. Stone. This cheque, for 12l. 10s. was presented at our counter on the 11th of March, and paid by myself in gold. I do not recollect who presented it.
JOHN KEMPSTER . I am a clerk in the gold pay office, in the Bank of England. On the 12th of March I paid this £200 note, No. 9, 515, and gave for, it fifty sovereigns, and a ticket on the pay-clerk for 150l. in notes.
JOHN HAWKS . I am a pay-clerk in the Bank of England. On the 12th of March I received a pay-ticket, for which I gave two £250 notes and ten £5 notes—the fives were Nos. 13, 563 to 13, 572 inclusive, dated Feb 4, 1835.
WILLIAMD OSMOND . I keep the Waterloo Hotel at Ostend. On the 14th of March the prisoner arrived there, and resided at my house—he gave his name as Charles Houghton, and remained with me until the 8th of April—he paid me two £5 notes—there are them; Nos 13, 564 and 13, 565—he paid me two £ I wrote his name myself, which enables me to speak to them—they are dated Feb. 4, 1835.
REBECCA BROAD . I live at Gravesend. On White-Monday the prisoner took my apartment, and came there the next day. He gave me Me name—I made out his bill in the name of Long for him, as he said it was very curious, that there should be Little, Long and Broad in the house—he paid the bill.
DANIEL FORRESTER . I am one of the City police. In consequence of information, I took the prisoner into custody on the 19th of June at Gravesend—I did tell him the charge—I searched him, and found two keys on him—one was the of a carpet-bag, and the other of some drawers I was searching the drawers, and said, "I do not find what I want"—he said, "You will come to it presently. "and the bottom of the drawer I found a carpet-bag—key opened it, and I found 31 soverigns, three £4 notes, and a 1000 franc note—I found a pair of mustachios in a pocket book in the pocket of the coat which hung up in the room, and he had a dark wig on at the time I apprehended him; and I found in the drawers some dye for the hair (cheque read.)
Prisoner's Defence I have been allowed to plead "Not Guilty," to afford myself a chance of escaping the rigour of the law. I am encouraged to hope the Court will, listen to a brief narrative of circumstances whcih led me to the commission of the crime—I not only knowledge, but I deeply feel the enormity of the crime; but some circumstances connected with my melanchloy case you may not deem unworthy of your notice—very early in life I lost my father—I was placed in a situation, when quite a child, and lived with Mr. Atkinson, a respectable bill-broker, about two years—I gave him such satisfaction that he obtained a situation with the prosecutors for me—I was their junior clerk upwards of seven years, and endeavoured to merit their approbation—this my long stay in their service will sufflciently prove I had earned their confidence—my name was entered in the books of the Stock Exchange, and I became acquainted with many persons, which led me into extravagant habits, which so oppressed my mind, I sought to obtain another situation, but without effect, in order to avoid the temptations I was continually exposed to—my resolution was so week that all my attempts to disengage myself from my gay acquaintances were fruitless—with a view to remedy this evil I got married, (but rashly and unadvisedly,) and having but 1l. a year, I could not maintain a wife—I became embarrassed and almost distracted; and, with hopes of being able to
repay the amount, was tempted to commit the crime, it being my first offence, and I assure you it shall be my last—I am the roughest of eight children, of a respectable family—I had no father to take charge of me when young, and was exposed in the midst of temptations, which I thought to stop, but the means I adopted involved me tenfold more—I had just entered life, and all the hopes of myself and wife will be by your decision blasted, and the feelings of a fond mother deeply wounded—I entreat your Lordship to take this statement into your kind consideration, and whatever may be my sentence, (should I ever be able,) my conscience will compel me to repay every farthing of the money obtained by means of the forged cheque.
(Mr. Atkinson, bill-broker, St. Mildred's-court; Henry Joseph Page, his clerk: and Henry Haines, carver and gilder, George-street, Hampstead-road, gave the prisoner a good character.)
GUILTY . Aged 23.— Transported for Life.
KENT LARCENIES, &c.
Second Jury, before Mr. Sergeant Arabin.
JAMES BATCH . I live at Mr. Broomfield's, a timber-dealer, at Deptford. On the 20th of June, I left my hat in my workshop—the prisoner worked for me about a year and a half ago—I had not seen him for some time—the shop-door was not shut—I missed the hat next morning, and suspecting him, I had him apprehended—I have since seen the hat and handkerchief—these are them.
BENJAMIN LOVELL (police-constable R 15.) I apprehended the prisoner, on the 23rd of June. I found the handkerchief at another pawnbroker's, and have it here, as the pawnbroker could not identify the prisoner—I found the duplicates on the prisoner.
GUILTY . Aged 20.— Transported Seven Years.
Sixth Jury, before Mr. Sergeant Arabin.
MR. CLARKSON conducted the Prosecution.
CHARLES SYMPSON . I am a traveller in the wine trace, and am in the habit of travelling from London to Hastings. On the 19th of June I was on my road to London—I called at the White Lion, Lock's-bottom, in the afternoon, about one o'clock—I stopped there to dine, and balanced my cash there—I had Bank-notes, and gold and silver—I rolled the Bank-notes up carefully together, and tied them with red tape—there were several £20. £10. and £5. notes, amounting to £340.—I secured them, and placed them in my left-hand trowsers pocket—the button was off, and I put pin to the pocket—I had gold and silver in a bag, in my right-hand pocket—I left Lock's-bottom about half-past eight o'clock—I got to Bromley about nine o'clock—I left there at half-past nine o'clock—I got to the Black Horse and Harrow at Rushy-green, at a quarter to ten o'clock—Is
was travelling in a gig—I saw the prisoner at the Black Horse and Harrow—he acted as under ostler—I had occasion to get out for a necessary purpose—I unfastened the flap of my trowsers—I went but a few feet from the gig—the prisoner was standing by all the time I was there—I went into the house, and took one glass of sherry and water—I selected half a sovereign, changed, and paid for it—I had no occasion to disturb the notes—I cannot say where I lost them—I returned to my gig, and found the prisoner in charge of it—I gave him 6d., and then drove straight home—I reached home about half-past ten or a quarter to eleven o'clock—I drove to the stable, and walked home, and then, for the first time, discovered my loss—I returned to the stable the first place—I searched in the gig, and the spot where I got out of it, and round about—I went back to Rushy-green, found the landlords in bed, and knocked him up—the head ostler was the first person I saw, and then the landlord—I told him I had lost a valuable parcel—I requested a light to look about, but could not discover it—I did not state—that the parcel was Bank-notes—I said I would give a reward to discover it—I went on to Bromley and Lock's-bottom; then returned to Town—I had hand-bills printed—I went to Rushy-green about one o'clock the next day; the first person I saw was the landlord—I distributed the hand-bills on the road, and at the landlord's house—I made known the particulars of my loss to the landlords then, and the amount—he made some observations, and produced a note, which I have here now—It is one of the notes that came from the parcel—It is one that made up the 340l.—there are my own private marks on it—the person's name I received it from, and my own initials at the bottom—It was clean, and the evening was fine—my friend, who was with me, went to town for an officer—as soon as the note was produced, the prisoner was called in to explain how he found it—the landlords said, that the prisoner, after having been questioned by the head ostler, in the morning, and told that a party has lost a valuable parcel there, being requested, if he had found any thing, to produce it, or give it up, produced the note to the head ostler, and was taken before his master, Mr. Duncan and said he picked it up about an hour after I left, about where the horse stood—that the prisoner, being relieved by the head ostler, went to rest, bidding the head ostler, and his master, good night; but he did not make him acquainted with it—he said, when he first picked it up, he did not know it was of any value—the next day, when I asked him, he said that he took it up, saw a picture at the corner, and saw it was a money-note—It certainly was not possible, from the manner in which I tied them together, for one to fall out—I was sober that evening—I was seen by Mr. Gillett, at Lock's-bottom, Mr. Davis, and Mr. Duncan—I took nothing at the Black Horse, but one glass of sherry-and-water—the other notes I have never seen—335l. is missing.
Crosss-examined by Mr. MAHON. Q. You were coming from Hastings? A. Yes, I stopped at Lock's-bottom about one o'clock in the day—I quitted about half-past eight o'clock—the first part of that time I was balancing my cash—I began that before I took my dinner—my dinner might have taken me an hour longer—It took me an hour and a half to balance my cash—the remainder of the time I devoted to business, as the landlord was a customer of ours—I had two or three glasses of sherry and water, and I might have taken a spoonful of bran my in my water at dinner—I did not take any ale—I came to Bromley, and took tea, and had one glass of brandy and water—the landlord of the house at Lock's-bottom
rode with me about a mile and a half—I had no other spirits, nor any ale at Bromley—I was at Lock's-bottom—I did not take any companion in my chaise form Bromley—I then came on the Black Horse and Harrow, at Rushy-green; it is a common posting or stage inn—I did not go into the tap-room, I Went the front of the bar—I was sober—I Might be a little excited—I was not considerably excited—I took out my purse, containing my sovereigns, to pay for my sherry and water, and selected one half sovereign—two or three sovereigns came out on the table—the landlady said "You had better take care of your money"—I did not leave my money there and walk away, but it was hay time, and she said I had better take care—I did not jump or dance about—I did not examine my left-hand pocket, and not tell whether the notes were there—there were one or two carts there, and the men sitting on benches in the front of the house drinking—the night was fine—I do not know that it was perfectly dry—It is possible that a note might have fallen without any stain, but it is not likely that this note did—a single note might—I then went on to London—I did not stop any where at all on the road, nor dismount—I drove first to the stables, in Thames-street, in the City—I remanined at the stables perhaps a minute—I did not go into the stables—I live on St. Mary-hill—I described in the hand-bills that I lost the notes between Lock's-bottom and London—I was quite at a loss to know where I lost them—I returned to Rushy Green—I did not see the prisoner on my return that night, nor inquire for him—the next day I saw the landlord again, and he stated that the prisoner had given up the note—when I got to Rushy-green it was about one o'clock at night—I saw several persons drinking, the first time I went there, sitting on the benches—there were no coaches—the prisoner said that he did not know it was a note, he thought it was a piece of water paper—I had no conversation with any other person at Rushy-green while I was there—I might have passed a casual word.
JAMES GILLETT . I am landlord of the White Lion, Locks's-bottom. the prosecutor was at my house on Friday, the 19th of June—I observed him settling his accounts in my house—I went about a mile and a half with him—he was perfectly sober—he left about eight o'clock.
Cross-examined. Q. How long was he there? A. I should think, about seven hours—I served him with three glasses of white wine and water, and he had a little brandy with his dinner, to mix with a little cold water—there was no other person on the road with him but me.
JOHN DUNCAN . I keep the Black Hors and Harrow. the prisoner was my ostler's servant. On Friday night, the 19th of June, the prosecutor came to my house, about ten o'clock—he had a glass of wine and water at the bar—he had nothing else—I did not see when he came in—I did not not go out of doors—It was the prisoner's duty to he outside, but I did not see him—In the middle of the night, I was disturbed by the prosecutor's arrival—he told me he had lost a valuable parcel; and if any person would bring it to him in the morning, he would give him 20l.—the head ostler called me out of bed—he came again between one and two o'clock in the afternoon, with Mr. Godfery—I had then described to my servants the loss he had sustained—I saw the prisoner before Mr. Sympson came the second time—about an hour after he left; he passed me, and did me good night, and went to bed, about half-past eleven o'clock—he did not say that he had found any thing—the next day I saw him, before the prosecutor came; but I did not ask him any thing—after Mr. Sympson came in the day—he told me he had lost a parcel of 340l. in notes—I sent for the prisoner—at
that time I had possession of the note—the prisoner and the ostler had walked into the Kitchen—the prisoner threw this on the table, walked out, and said nothing—that was at half-past six o'clock—I had communicated the loss to him before that—the head ostler knew it at night—when the prisoner was produced I thing the head ostler was present—asked the prisoner if he had picked up any more; if he had, he had better give it up, and the 20l. he said that was all, and he picked it up by the horse-trough, Where the chaise stood.
Cross-examined. Q. Did he make any difficulty in his statement about the note? A. He made no denial—on the night Mr. sympson was there, there were four or five fruit carts, which stopped at the end of the trough—there was a coach form London with passengers—some of them came in at the same time—I had persons drinking at my house—they had to pass near the horse-trough, where the chaise stood—the prisoner had been in my service ten months—he got up the next morning at six o'clock, and brought the note to me about twenty minutes after—the prosecutor was not sober that night—he was clam, but rather too far gone—he had a strange look—he left some sovereings on the counter—the prisoner could have left my house—It was quite dry that night—a parcel of notes might have fallen without any stain being on them.
MR. CLARKSON. Q. Was it likely that one note would have fallen out form a parcel? A. No; I did not hear of any person finding any £5 notes that night.
Cross-examined, Q. Did you serve him with any thing? A. Yes; a small glass of brandy and water, and tea—he had nothing more—he returned to the house at half-past two o'clock in the morning, and made some inquiry about a parcel, which he said, was of consequence—he said he should like to search my room, and he did, but there was nothing found.
JAMES DRAY . I am head ostler at the Black Horse and Harrow, Rushy-green, I remember the prosecutor coming in the morning; he said he had lost a roll of paper—I called my master—I got a light, and he searched everywhere, but nothing was found—he called again in the day, between one and two o'clock—I had seen the prisoner the night before, when he went to bed—he did not then tell me that he had found any thing—I saw him again at a quarter past six o'clock in the morning—I called him into the yard to me, and asked him if he had picked up any thing in front of the house on the over-night—he asked me why—I asked if he did not hear the alarm between one and two o'clock—he said no—I told him a gentleman came ready to pull the house down, with the noise he made at the door—he said he did not hear it—I said, the gentleman had stated that he had lost a roll of paper, and if any person would return it he would make him a present of 20l. he then told me he had picked up a note in front of the house—he said he had picked up nothing but that.
Cross-examined. Q. You saw him, I suppose, as soon as he got up? A. very soon afterwards—he produced the note without any hesitation from his watch pocked—I did not see any other notes—he been eight or nine months there—I never knew any thing wrong of him,
WILLIAM GODFREY . I am a friend of the prosecutor's, I went him to Lewisham and to Rushy-green on the 20th of June—we distributed hand-bills on the road—when we got to Rushy-green, he alight from the chaise, and in a short time I was called in and he told me this notes
was found—the prisoner told me had picked it up in the manner described—I asked him why he had not taken it to his master; he said he put it into his pocket, believing it to be a bit of waste paper—I then asked him if he had a candle when he went to bed—he said he had not, and he did not know the value of the note till the next morning—on a subsequent conversation the next day, he state that he knew it was a money note the night before—that he saw it by the light of the lamp in front of the door, and he was sorry he had not given it up—I said he had done very wrong—he replied, "Suppose you had found a sixpence on the road, would you stop the next person you met and ask him if it was his?"—I then explained the difference between finding money on his master's premise and finding it on the road.
Prisoner's Defence. I went to the horse's head—I saw the prosecutor was very much intoxicated—he went into the house, and I heard my mistress say, "Take care of your money"—I found this note about an hour afterwards—I put it into my pocket. but I did not know what it was—the next morning the ostler said, "Have you found any thing?"—I said, "Why?"—he said a gentleman made a rare noise last night, and said he had lost a parcel, and if any one would find it he would give 20l. I said I had found that note.
NOT GUILTY .
Fifth Jury, before Mr. Common Sergeant.
THOMAS GREENHALGH . I am a serjeant in the Royal Marines. On the morning of the 28th of June I saw the dead body of Howarth Tomason at Deptford—he was a private in the fourth division of the Royal Marines.
Cross-examined by MR. CLARKSON. Q. Did you know his name? A. Yes; I had known him a number of years.
JOHN WILTON . I am a private in the Royal Marines, I was going into the barracks about one o'clock in the morning, on the 28th of June—there was a row at Deptford Dock-yard gate—the deceased, Howarth Tomason, who was a marine, was in the row—I Saw the prisoner, Carter, strike him with his fist—Tomason was taking his own part as well as he could—they were fighting—I went to take his part, and they struck me—I do not know who struck me—I was knocked down three or four times—I saw Howarth Tomason knocked down once—I made my escape, to get to the gate, to call the sentry—there were seven or eight persons there—I called the sentry and he called the corporal's guard to open the gate—they let me in, and would not let me out again—the corporal's guard went out—Howarth Tomason was fighting; Carter struck him once—there was some woman there, but I do not know who it was—I was not handy to her—I asked what was the row—they said what was it to me—I do not know who said so—I was sober; I had had a little to drink—I had leave of absence form the barracks that night—Howarth Tomason was brought in about five minutes after I got in—he was just alive, but he died as soon as they got him into the guard-room—that is all I have to tell.
Cross-examined. Q. Do you mean to stick by that answer? A. Yes; that is all I saw and know about the matter—I had been out late, and had had some beer—I did not join in the row—I went to take my comrade's part—there were no more marines present, but me and my deceased comrade—I
do not know whether Fryer was there—I do not know whether I had ever seen the prisoner White before—I saw her that night, but did not know who she was—I never did any thing to her—I did not lay hold of her—I never touched any woman that night.
Q. Now I tell you you were seen; upon your oath did not you seize hold of that woman, and did not she smack your face? A. No, Sir; I was not struck by any woman, I was struck by the man—I was not drunk—I had been drinking at the Clock-house—I went there an hour and a half that afternoon—that was the first house I went into—I then went to the barracks, and went out again in the evening, at seven o'clock—I went then to the Bell, and staid about an hour drinking—I then took a walk towards the Broadway—I never went to any other public-house.
Q. Upon your oath, did you not seize this woman round the waist and treat her in the most indecent manner? A. No, I did not—they were fighting; I took the deceased man's part—I did not say "I am your man"—I asked the men that were there what was the matter—I do not know whether Carter was drunk or not—I asked him what was the matter, and he said what was that to me—I told him "for not so many to fall on one man", and then I was knocked down directly—I did not hear Carter cry out and complain that any body had seized a certain part of his person—I do not know that he was examined afterwards by the doctor—I did not see any person onterfere, more than the one blow that Cater struck the deceased, and the blow that was struck me.
Q. Did you not go to the Navy Arms that night? A. No; I never drank in the Navy Arms that day—I was not there—I never followed any woman that night, nor touched any woman, nor had any remonstrance made with me—the deceased had had some beer, but he did not appear to me to be tipsy—nobody took hold of White's gown in my presence, nor did I myself—I did not see the deceased strike Carter.
Q. I thought you said that you saw them fighting? A. I saw him with his arms up, guarding himself—I never saw him knock Carter down; while I was present he did not strike Carter.
JOHN FRYER . I live at No. 7, Wellington-place, Deptford, I passed the Navy Arms at form twenty minutes to a quarter to one o'clock that morning—I did not go in—there were two men and a woman at the door—Fern hailed me, and the other man and woman came down off steps—a soldier was there, who attempted to take liberties with the woman—she said, "I do not want any thing to do with you, I have got my man, and am going home with him"—another soldier then came down King-street, and passed me, and, as far as I could recognise his features, that was the deceased—but before he came up this man, and woman and the soldier were engaged in some way, but I cannot say how, not being at that moment paying attention—the second soldier that came up said, "Do not knock my comrade about, he is drunk, and I am sober; I am a Lancashire man, and will fight his battles"—then there was a general row—some party, I do not know who, made use of indecent expressions, and I retreated, not expecting to see any more—several persons then came out of the Dock-yard—I cannot say that I saw any more, but I heard some falls, and I think blows.
Q. You have said the soldier attempted to take liberties with the woman, explain that more fully? A. He was pulling her about, and taking hold of her gown, and then the row began—I did not see any body knocked down, but I heard three distinct falls—I could not see it, there was an imperfect
light. I should think I was twenty yards off—I heard a man sing out "They have got hold of * * *"—the soldiers were close about him at the time—I then saw a soldier get up, or assisted up, and be reeled across the road towards the Griffin, (I believe it is)—It was shut up—he made a circle round and it I had not got out of his way he would have knocked me down—he fell against the curb—he had appeared sober when he passed me in the first place—there was a woman there, but I do not know who she was—I saw her kick the man who fell at my feet—she kicked him in his right side, I believe—he was on his face or nearly so—he might be a little on his left side—I saw blood on the deceased before he fell and before she kicked him.
Cross-examined. Q. If I understand you rightly through the whole transaction there were only two marines engaged? A. I saw only two—the night was dark but I could see soldiers—I did not recognise the witness, Wilton—I cannot say whether the woman was trying to get the man to come home—I do not know Carter, but by the manner of the man coming down the step, I should say he was drunk—It was not the soldier nor Fern—I should say that the man was not in a condition to have inflicted a severe injury on any one—I saw the soldier who had been taking liberties with the woman follow her from the public-house and she remonstrated with him—I do not know whether she gave him a slap on the face—the deceased then came up—my eyes were then turned off, and when I turned again I saw the man reeling.
Q. When the deceased came up to the place where the man and woman were did the deceased endeavour to get at that man? A. Yes; the woman was between them I saw the man's arm strike and the soldier's arm strike, each arm met—the man had not given the soldier any offence that I saw—the first soldier who was there was drunk—the woman had not done anything to the deceased—after that I saw the man and the deceased struggle together—the deceased then reeled towards the post—he then reeled a considerable distance and fell on his head the woman then kicked him—he never got up till he was carried into the barracks—his head fell towards my feet—It was in the middle of the road; there were stones there.
JOHN BROWN . I am a surgeon in the victualling-yard. I saw the deceased in the barrack-room; my opinion was that he might die from concussion of the brain, or infusion of blood within the skull or from both these causes conjoined; and the post mortem examination confirmed my opinion—the body was generally healthy and the viscera of the abdomen was healthy; there were two bruises on the legs, but no other external marks—those bruises would not have caused death.
Q. Do you think if he had died from a kick on the side, there must have been some marks? A. I will not say that; a kick might have occasioned could not see it—I think it probable that he died from the effusion of blood within the skull but how that was occasioned I cannot tell.
Cross-examined. Q. The effusion of blood was quite distinct and apart from any external injury? A. Yes; a severe fall, with his head on the stones, would most certainly have produced such an effusion of blood within the skull—I saw nothing in his appearance or on the post mortem examination, from the appearance of the viscera of the abdomen, which could lead me to the conclusion that the effusion of blood proceeded from a kick.
EDWARD DOWNING . I am a surgeon. I saw the deceased after his death—the body had several external marks of violence and at the back part of the head there was a laceration about an inch long and a quarter of an inch deep—the cause of his death was effusion, occasioned by concussion—I saw nothing like a kick.
Cross-examined. Q. Did you afterwards examine the prisoner Carter? A. Yes; I found an injury on his pelvis, attended with inflammation—It was such an injury as he might receive from a man lying upon him, and pinching him—I did not examine him till the Tuesday, and it was done on the Saturday night.
Witness for the Defence.
JAMES FERN . I am a baker and work for Mr. Rolph of Wardour-Street. I was at Deptford that Sunday morning—I had been at the public-house with Carter, he was intoxicated—I went with him to guard him home—I know White; she lives with Carter—she came up when we were standing at the public-house steps—she said to him, "Are you not coming home"—Carter said, "I am coming"—the marine then came up and laid hold of her gown and said, "Come along, I want you"—she told him to go about his business—Carter, White, and I then proceeded home—the soldier came up again, and laid hold of her; she struck him, and 'knocked his cap off—the deceased then came across the road and said, "I am your man I am a Lancashire man I will take his part"—I saw the deceased strike at Carter over the right shoulder of White—White was trying to get Carter on—they got into a scuffle, and both fell—I heard Carter cry out and I went to him—he was in such a state of intoxication as to make him incapable of doing any injury to any man and that was the reason I went to him.
NOT GUILTY .
SURREY LARCENIES, &c.
Second Jury, before Mr. Sergeant Arabin.
CHARLES HAWKINS . I am a chair-maker. The prisoner has been two or three months in my employ at Broadwall in Surrey—I suspected all was not right and went to where he lived—I found seventy-four chair rails and some chairs complete—I told him in the shop that the stuff was missing and somebody must have had it—I then went to his lodging and asked his land lord some questions and found the property—I gave him in charge—he asked me to forgive him—these are all my property.
JOHN CROSDELL . The prisoner lodged at my house—he brought these chairs rails and feet to my house—I saw him bring some on the 18th of June—he said he was going to make a dozen chairs on his own account.
(ELIZA DUNN, of Gibson-street, gave the prisoner a good character.)
GUILTY. Aged 19.—(Recommended to mercy.)— Confined One Month.
Third Jury, before Mr. Sergeant Arabin.
JOSIAH LAWRENCE . I am a watch and clock maker, and live in the parish of St. Mary, Newington-on the 19th of June, about twenty minutes after eight o'clock I went into my shop, and saw the prisoner and another standing at my window—I am quite sure the prisoner was one of them—I saw him in the act of drawing two fingers from a hole previously made in the glass, which had been broken—I saw it al secure a quarter of a hour before—I had watches lying in my window—I went out immediately, and they walked away the moment thy saw me—I followed them and secured the prisoner)the other instantly ran away—I took the prisoner back, and missed two watches, an and afterwards another—I have never recovered them—I saw them there at five minutes after eight—the watches were worth 30l.,
THOMAS WILLIAM RATLEY . I am shop man to the prosectuor—I left at about four minutes after eight o'clock that night—the window was perfeetly safe and secue that night, the three watches in the window, I am positive.
Prisoner's Defence. I had occasion to got to Camberwell, and was returning'home abut a quarter Past t eight o'clock—the gentleman came over, changed em with breaking the window, and took me to the station-house—he said he had lost a watch, and about a week afterwards he said he had lost two; a at the next hearing said he said he bad lost three.
GUILTY of stealing above the value of 5l. but not of breaking and entering.
Aged 19— Transported for Life.
Third Jury, before Mr. Justice Bosanquet..
1685. WILLIAM MANN was indicted for stealing on the 23rd of January, at Saint John South wark, 4 quarters of beans value 8s., the goods of Thomas Bax; and CHARLES MANN for feloniously and maliciously inciting the said Willaim Mann to do and commit the felony aforesaid.
MESSRS. ADOLPHUS and PHILLIPS conducted the Prosecution..
THOMAS BAX . I am a corn dealer, and live in Bishopagate street Within. I have a warehouse at No. 309, Wapping, and I have a stable in Worship street, where the prisoner, Charles Mann, lived in my employment—he lived in a house on the premises in worship street—he was my confidential a servant for many years, acting in my own business entirely as myself—his duty was to see my business conducted in every department, taking a general oversight with my self—on the 14th of January I purchased twenty quarters of beans of Messrs. Burkett—William Rapey, one of my carmen was to bring them home—on the 16th he was sent with the origineal order for six quarters, and one the 22nd he brought six quarters more home—he brought no more of them—eight were left behind—this attracted my attention, and I asked Charles Mann why the remainder of the beans lying at Burkett's were not fetched home el—they had been deposited at Bur ges's Wharf, at Horsely down—Charles Mann replied, "We have had them home, Sir"—I said, "Then why is not the book filled up, in which they should have been entered?—he said, "I do not know, Sir nut I will see to it"—I had the book at the time in the counting house—I asked him who brought them home—he said, "Castles, Sir, "who is one of my carmen—I sent Castles to Burgess 'next day; and, in consequence of what passe, Owen Carty came to me—he is a servant of Burgess', and I sent him to william Manu's house, in White cross street, in company with Rapey—this was on
the 14th of February I think—I saw William Mann at my house on the 9th of February, which was subsequent to my missing them—Harrison, my clerk, was present—I asked William Mann, "Have you had eight quarters of am all beans from Burgess, of Ahorsey down?" he Said, "No, Sir, I have not had any small beans of your's for four months"—I then remarked, "It is very singular, I have lost eight quarters of small beans, and I can find them no where "that was all that passed—the beans at Burgess's were small beans—William Mann is a corn-dealer, in White-cross-street.
Cross-examined by MR. CLARKSON. Q. You mad e a charge of a misdemeanor before the magistrate against William Mann, and he was held to bail? A. Yes, he was; I made the charge of stealing the beans, but I believe he was committed f or the misdemeanour—I apprehended William Mann very early in May, and Charles on the 3rd of 'February—I indicted Charles in the March session—I was then aware of the present transaction—I did not indict him for this transaction, but I preferred other indictments; to one of which he pleaded guilty, and was sentenced to two year's imprisonment—In May Sessions I indicted him again—I did not recommend him to mercy—but in answer to the counsel—I said, "I do not think it my place to press for severity—I though I did my duty in bringing him here"—subsequent information has altered my feelings—I knew of this transaction then, but it has not come to maturity—he has been in custody ever since that time—another resason for this prosecution is that I feel it due to my own character—my character has been traduced, by it being said the prisoner was not guilty, though he pleaded so and I found him to have robbed me to so much greater an extent than I knew of that time—he appeared to me penitent, and sorry or what he had done at the bar—since that his conduct has not shown him so—I hav enot the r reason to give—I have found fresh instances every week of Charles robbing me, from the 3rd of February, to the present time—I did not indict him in the April sessions, because transactions came to my knowledge in which William was concerned—some of those transactions were, according to the regular rule of business (of giving a person to months' credit,) the time had not expired, and it would be premature to charge William with robbery—If William had paid me the money within two months for the goods in question, I should not have been content to receive it after he had denied having received them—I had the conversation with him on the 9th of February—I waited, because there were several other robberies committed by the two parties, only a few days, before Charles was taken in custody—this was the very transaction I pointed out to William on the 9th of February; but there was another indictment—I had a right to bring what indictment I choose—there were many robberies committed a few days before Charles was; apprehended, and it was impossible for me to tell for two mothers whether William was honest or not; because, had he come forward, and in the course of time paid me for these goods, with which he was not charged buy his brother, but which he had, I should, of course, have thought Charles only guilty—part of them were the articles in question—I thought fit to wait till the two months had expired—I had no other reason than I have stated—Charles Mann has been in custody ever since February—I am not aware that he had any notice of this prosecution till after the bill was found—my solicitor can answer it best.
Q. Now has to a demand been made On you since the last prosecution, for monies which you hold of Charles Mann in you possess ion, and which is demeaned by the trustees? A. A letter has been sent from a solicitor at Cambridge, to my solicitor on that subject a few days before
I preferred this indictment—I should have prosecuted the prisoners independent of such a letter—I had about 390l. which stood to the credit of Charles in my books, when I prosecuted him—I was paying him interest for it—that money is still in my hands—about four weeks' salary was due to him, amounting to abut 20l—he has not had it—he robbed me of 80l. that month—I did dot owe him 70l. besides—there was 70l. in the cash box when he left—I presume it is mine—I t was remitted from his cousin from Huntington, about four days before his apprehension—I have ascertained that—I knew that at the last trial, but not before—the notes were traced—I knew it at the Mansion house s—I have see the letter which brought the money—he must have robbed me of it to lend it to his cousin—he has been in my service about eleven year—when he first came to me. I 10l. a year, and gave him 200l. in 1831, and from tha t time, he received 200l. a year, and 10l. in addition, I belive, at the end of each year. because I thought then he was a good servant—there was a hors e and gig of his on my premises when he was taken into custody—the gig is still there—I ordered the horse to be sold—I have got the money—the gig has never been used—he had no hay or straw on my premises, that I know of—all the hay and straw on my premises were my own—I charged him 20l. a year for the keep of his horse—I always deducted that when we settled—the 390l. was an accumulation of his income which he requested I would oblige him y keeping a t interest—I think I have a right to state that in 1827 I lent him 300l. to redeem the mortgage of his wife's annuity; he gradually discharged that half yearly, and finished it in 1830; and from that time to the present—he has been gradually accumulating at about the same rate—he told me his wife's annuity was 120l. a year, but I believe it has never exceeded 44l., for several years—there were eight loads of hay and clover in Nottage's yard, opposite my stable, that was mine; for my men, employed by the prisoner to unload it, will prove they saw him pay for it out of my iron chest—Nottage has since given it me, and I have sold it—I did not know this at the time I took him in custody—I learnt it within two or three days afterwards—I have not prosecuted him for that—I have never been officially applied to by the trustees for the money deposited in my hands—about the 12th of March, his brother, Edward Mann, Called on me, and told me, for the first that his brother wiliam ands himself were trustees for all Charles property; an he at that time acknowledge his brother had robbed me to a large extent—he did not demand the 390l. he wanted to know if I could settle the matter r with him—as his brother was prosecuted, whether I could not give up a portion of the property for the benefit of the family—I Said decidedly not—I said, "Edward Mann, expect you as a branch of the family, as a respectable man, to make me restitution to a large amount—all in your power"—I preferred my indictment it must be on the 3rd, 4th, or 5th of May—the first letter written to my solicitor I believe was not a demand for the money.
Q. Did not you know, from your solicutor in March last, or the week in April that he had been applied to for the money? A. It cannot be so early as March—I believe they had two letters; one I spoke to just now and perhaps they had previously, but I paid very attention to the letters—I believe they were answered without my directions, because they had my full instructions—I prefered this indictment the first week in May—I think theletters were pretty nearly together—my conduct has been
quite uninfluenced by those letters, or by any pecuniary motives—I stand here doing my duty to my fellow citizens, and for no other cause—I gave myself no trouble about the letter on the subject of the deed—I did not ask for a copy of it—I believe my solicitors did—I have never seen it, nor asked to see it.
Q. Now I ask you whether you yourself have not said that in order to vindicate your character from further imputation, you felt it necessary to prefer four more indictments against the man who is suffering at your suit, for two years? A. Yes, and I do feel it due to my own character—my object is not to press upon him—I shall leave it to the law to take its course—I have no objection to transport him if the law does it—I think he ought to be transported—my object is to punish him as far as the law will allow, because I think he deserves it richly—I have had no communication with him since he pleaded guilty—I received a letter form him—I disclaim any intention of avoiding pressure for the payment of the money—has I have stated before, there are many other transactions; and one of these indictments I knew nothing of till after his last trial—I knew of this, and have stated why I did not prosecute before.
Cross-examined by MR. PAYNE. Q. How long has William Mann dealt with your house? A. About there years—I should think he has had dealing with us to the amount of 800l. or 1000l. a year—I never knew but one instance of selling for cash to him—It is difficult to say whether he always had a receipt for it was his invariable practice to bring his money to his brother on Monday or Tuesday, when I was at market—I have seen money paid by him without a receipt being given, in one instance—I may have seen more—It is a very common practice to enter the payment in the cash-book before the party, and there is an end of the business—It is very likely I may have received 61l. 18s.; 9d.; from William, without giving him a receipt for it—I very seldom received money from him myself—this was after Charles was in custody—I believe, on the 14th of February, I sold William Mann beans to the amount of 6l. 12s.,—It was three quarters, of small beans; and either I or my clerk sold him peas and other, things to the amount of 13l. 9s. 6d.; the same day—they were sold at my house; and it was when these goods were sent, that Carty was sent with them—on the 16th I sold him goods to the amount of 4l. 16s.,; and on the 19th, to the amount of 2l. 10s—none of these bills of parcels are receipted—I have no doubt they have been paid—on the 12th of March he paid me 111l. 8s., the balance of goods sold—this receipt corresponds with my ledger—that sum, I believe, balance the ledger, as it stands open; I having at that time refused to serve him any longer—I believe it pays for all the goods charged in my ledger, but not for those which are not charged—I had not heard of any application from the solicitor about the trust-deed at the time I refused to deal with him—I had heard nothing about the trustees, except from Edward Mann—they had not claimed the horse and gig—Edward had told me they were trustees; but he made no claim—he acted as a man ought to act—I thing the first letter from the solicitor was early in April—the conversation with Edward was about the 12th of March—I had refused to serve William any more, some time previous to the payment—I indicted him about six weeks after the last payment.
Q. Have you not said that the reason why you did not indict William at the time, was because you wanted to get your money from him, which he owed you, (the 111l. balance)? A. I have said, decidedly that I should
not do it till after I received his account as it stood in my ledger; stating., as a reason, that I had already been plundered of enough, without losing that; and I waited full two months after I took his brother up, as some of the depredations were committed a few days previously—I indicted him at the next sessions, after, the time had expired—I believe the goods in question were delivered on the 23d of January; but there were transactions subsequently.
Q. Between your receiving the 111l. and the time in May when you indicted, had you not been threatened with an action from the trustees to give up the property? A. No. my solicitors had a letter, but I think was not threatened with an action—they had a letter stating that proceeding would he taken to recover the money, or something of that kind—It was after I received that intimation that I preferred this indictment—It is justice to myself to state, that I believe I never read the last letter—this bill is Charles Mann's writing—here is on quarter of beans, which I spoke about; the price is small beans—this was on the 6th of February—I received the money for that—I believe it was 61l. 18s)—there are two items of beans; one quarter of large, and one small—these were sold to William it is dated the 6th of January—Charles Mann had full authority to write an order to Burgess's wharf for the goods—an order for eight quarters was produced before Sir John Key, at the Town-hall—It was in Charles Mann's writing if it had not been, he would have had nothing to do with it.
MR. ADOLPHUS. Q. You have been asked at preferring indictments, and so on; in all you did, did you confine yourself to the advice of your solicitors? A. Entirely so as to the mode of proceeding—when Charles Mann entered my service, I belive he was in destitute circumstances—he presented himself to me—he was married at that time, and had three children; she has now four—I advanced his salary his gradually, up to 200land the last four years I gave him 10las a present—he paid rent for his residence at my stable—I know of no other means he had of gaining money, except his wife's annuity of from 32l. to 40l—when I came to examine my accounts I found a deficiency far beyond 390l. and 70l.—full double that amount in the last year—It is not from the slightest fear of what any body can do to me, by virtue of the assignment, that I come here to-day—the bills produced to day on the prisoner's behalf, are entered in my accounts and form part of the 111l. which he paid.
SAMUEL GREENACRE . I am Foreman to Messes Burgess, of Horsleydown, in Surrey. I have an order which was brought by some man with a cart—here is the original order, by Mr. Burkett—the original, order was brought to me first—It was for the twenty quarters—then this order came for the eight quarters—the twenty quarters came into our possession by Burkett's' order, which his man brought—In consequence of the order for the eight quarters, I directed Owen Carty to deliver them.
MR. BAX re-examined The name "C. Mann," to the order for the eight quarters, is Charles Mann's writing—the order is his writing—I have seen Mr. Burkett write many times—this is the handwriting of John Burkett, jun.—It is the original order given to me for the beans.
OWEN CARTY . I am the employment of Messrs. Burgess, and have been so fourteen or fifteen years—I know William Mann—I remeber delivering him four quarters of beans on a Friday the latter part of January, by Greenacre's' direction—delivered him four quarters more three or four days after, by Green acre's's direction.
at the conversation he had with William Mann, on the 9th of February; he asked him whether he had had any small beans from Burgess's wharf, as he missed eight quarters and could not tell what had become of them—he said "I have not had them—I have not had any small beans for upwards of four months. "
HENRY AVERY . I am book-keeper to Mr. Bax. If any article was purchased at the shop on credit, it was the business of Charles Mann to enter it in the day-book—there is no entry of these eight quarters of beans as being sold by charles to William Mann—I have the books here—there is no such entry in the day book or ledger—I have searched them particularyly—(orders read.)—"14th of January Messrs. Burgess, deliver to Thomas Bax, 20 quarters of beans by Whittingham. John Burkett"—"Messrs, Burgess, Please to deliver, per cart Ray, 8 quarters of my beans, for Thomas Bax. C. Mann. 1 21 35. "
OWEN CARTY cross-examined by MR. PAYNE. Q. Did not Mr. Greenacre, your employer, see the person who brought the order for these things? A. Very likely he might, as he received the order from him—I was asked at the Town-hall if I could recollect the month in which this took place—I recollect the month, but not the date—I had not seen William Mann from the time I delivered the goods till I saw him in Whitecross-street—I can neither read nor write—I recollect the day very well—I perhaps make thirty or forty deliveries in a week—I am sure William Mann is the man who came that Friday—It was the first month in the year—I told the Magistrate so, but I did not know what day it was—I recollect it; for when I delivered the eight sacks, I turned a ninth out of the I loop-hole, and he said, "I can't take anymore "—I had a great deal of trouble to haul the sack back into the loop hole—I abused him for giving me that trouble, and by that I recollect him—I delivered them to him on two occasions—I took partitular notice of him—he only took four quarters at that time.
MR. PHILLIPS. Q. Did you express to the Magistrate the slighest doubt of William being the person? A. I did not—I went to the premises to see him ten or twelve days after he received the beans—I then remembered his being the man I had abused, for giving me the trouble—I am certain of him.
William Mann's Defence I have dealt with Mr. Bax several years, and have paid in several hundred pounds—my brother generally made the sales, and received the money—I sometimes bought at the counter, and paid a the time—at other times I gave orders, and the goods were sent home—It frequently happened that two or three purchases would be included in one invoice; and I paid the money in a lump—having every confidence in the prosecutor and my brother, I did not take receipts, nor can I at this time give any precise explanation as to the precise quantity of goods—It appears Mr. Bax at the time I paid the balance, knew of the transaction, and was then prepared as well as now, to proceed against me, had he thought me the guilty party—Indeed, he admits, after making the discovery, he continued to sell goods to me and receive money, and declime prosecuting me till I paid him off 200l. which I owed him and most of which I borrowed—I belive no charge would ever have been preferred, if my brother's wife's solicitor the money belonging to my brother in his hands, which was assigned to me as trustee—I have no interest whatever in the deed—the solicitor, without consulting with me, negotiated with the prosecutor's agianst me, to prevent any action being brought on the deed—I declare I paid for all the goods I received.
Charles Mann's Defence. My brother never saw the order
(Edward Jones, oil merchant, Tooley-street: Peter Rayner, hay salesman, Cannon-street-road; John Hook, hay salesman, Whitechapel; George Greenland, licensed victualler, Whitecross-street; Thomas Gray, baker, Whitecross-street; Ebenezer Connell, potatoe dealer, Whitecross-street; John Marsley, butcher, Whitecross street; William Young, pork-butcher Whitecross street; William Hawkesley, cheesemonger, Whitecross-street; James Brazier, baker, Milton-street; John Howett, Whitecross-street; John pearson, greengrocer and cheesemonger, Barnet-street, Bethnal-green; gave the prisoner, William Mann, a good character.
WILLIAM MANN— GUILTY . Aged 35.
CHARLES MANN— GUILTY . Aged 40.
Transported for Seven Years.
Before Mr. Justice Littledale.
WILLIAM EDWARDS . I live in Neptune-court, Lock's-fields. I travel the country with a horse and cart to sell things—James Edwards was my brother—on Saturday night, the 21st of June, about half-past nine o'clock, I went to the Jolly Butcher's public house, in Lock's-fields, and found my brother James there, and the prisoner Hardaway—I did not hear him say any thing at that time—I saw my brother go from there to the Cottage of content—I then went home to supper, and after supper went to Mrs. Dalton's—I went home from there, and we slept together—my brother got up at half-past three o'clock on Sunday morning, and left the house—I left the house about half-past four o'clock, and went to Norwood, with five others—when we got Norwood it was not six o'clock—I saw my brother lying on his back, and Hardaway was lying on his back—they were lifted up, and put on their seconds' knees—William Horton was my brother's second, and Frank Moody was Hardaway's—I said before the Magistrate, that I did not know who Hardaway's second was; I have heard since that Moody was so but I do not know it—I went away to where I kept a horse and cart, and in consequence of what I heard I went again to the ground—my brother was on a man's arm—he could not speak—he was put into a cart and taken to the Rose and Crown, and then to Mr. Cook, a surgeon, at Denmark-hill—I left him at the doctor's shop, when I came away—he was dead then—he was taken to the station-house, and then to Newington workhouse—my brother and Hardaway had been acquainted a long while.
Cross-examined by MR. PHILLIPS. Q. I believe they were pretty good friends up to the time of the fight? A. Yes; always very friendly together—I have known Hardawy some time—he was good friends with me—I went to two doctors with my brother; but one was in bed, and sent out word by his servant that he could not get up—then I went to another doctor's and he tried to bleed him—Hardaway was considerably beaten, quite feeble and faint—I saw nothing unfair—I saw very little of it—I cannot say whether my brother was dead when we went to the first doctor's.
CHARLES NICHOLLS . I am Hardaway's brother-in-law. On Saturday night, the 20th of June, I saw him in Lock's fields—I afterwards went home, and slept in the same bed with him—we went to bed between ten and eleven o'clock—Hardaway said he was going to fight with James
Edwards, but it was against his will—next morning several people in the court called him up, and made a disturbance et the door—my mother said he should not come out, and the people said he must come out, for they had betted money on him, and insisted on his coming out to fight—they made such a noise that and assisted him out of a window, as my mother would not let him go out—I went with him as far as the Kent-road, and I then stopped at a coffee-shop there—I went down into Lock's-fields, and soon after they came there—Hardaway go into a donkey-cart—that must have been about half-past two o'clock—Moody was with him—I went to Norwood after they were all gone—I found James Edwards and Hardaway there; with Moody, William Morgan, and William Horton—I do not know Wilkinson—they had been fighting an hour before I came—I saw fighting between Hard away and James Edwards—Morgan was Hardaway's regular second—Moody did not have much to do in it—they continued fighting for about twenty minutes after I got there—there was no rope ring—the people made a ring themselves—there was nothing unfair in the fight that I saw.
Cross-examined. Q. Was no the prisoner always anxious not to fight, but was forced on to fight? A. yes; the deceased always appeared anxious to fight.
GEORGE WILLIAM DALTON . On the Sunday morning, the 21st of June I went to Norwood—on the Sunday week before the fight, Hardaway and James Edward mentioned to me, at Mrs. Horton's door, that they were going to Norwood to fight—I saw the fight begin—they shook hands before they began—Wilkinson and William Horton were Edwards seconds, and Moody and Morgan were Hardaway's—they fought about an hour and twenty minutes—Moody was present the whole time—he helped to pick up the prisoner, along with Morgan acting as second—they both fell several times—Edwards was persuaded to fight by Horton and Wilkinson—they said he would beat Hardaway in two more rounds—at the last round Edwards fell on his back—he could not fight any longer then—It was a fair fight—I saw nothing foul—Edwards was alive when he left Mr. Neal's public house, at Norwood—what part of the road he died on I cannot tell.
AUGUSTUS COOK . I am a surgeon, and live on Denmark-hill. The deceased was brought to me on the 21st of June, about eight o'clock in the morning—his name was James Edwards—his brother did not come into the house with him—I do not know who came in; several did—I have not recognised any body among the witnesses—he was dead when I saw him—Denmark-hill is three miles from Norwood.
WILLIAM EDWARDS re-examined, I cannot say where my brother died—I went with him to Mr. Cook'sdoor—I do not whether he was alive or dead then. Cross-exemined. Q. who was in the cart with your brother? A. James Barker and myself—nobody else.
(The witnesses being all re-examined, stated that they could not tell where Edwards had died; and there being no proof that the death occurred within the jurisdiction of the court, the prisoners were ACQUITTED .
Fourth Jury, before Mr. Sergeant Arabin.
1687. JAMES HAMILTON was indicted for feloniously forging, on the 14th of June, at St. Mary Lambeth, Surrey a request for the delivery of 3 or 4 silk pocket-handkerchiefs, with intent to defraud Henry Ellis. 2nd COUNT, for feloniously uttering, disposing of, and putting off a like forged request, well knowing it to be forged, with like intent.
ELIZABETH ELLIS . I am the wife of Henry Ellis a haberdasher and stationer, and live in Walshingham-place, Lambeth—Mr. Blofield dealt with us. On the 14th of June, the prisoner brought a note to me—he had frequently been before, as he had lived in Mr. Blofield's service—he brought a note, with Mr. Blofield's compliments, requesting me to send some pocket-handkerchiefs for him to see—this is the note—In consequence of the note I delivered to him eight pocket-handkerchiefs, believing they were for Mr. Blofield.
Cross-examined by MR. CLARKSON. Q. What is Mr. Blofield? A. A solicitor—he transacted business for us in that capacity about two years and a half ago—I had orders from him through the prisoner before—we were in the habit of sending him monthly publications by the prisoner—I saw Mr. Blofield frequnetly in the shop, in the way of business—we had nothing to do with him respecting bills of exchange, nor had my husband—no bills passed between them—all he had to do was to make an assignment of the house we live in—the prisoner had the day before, and got a cravat without an order, but a verbal message—we have dealt in hosiery about a year and a half—the prisoner has been in the habit of coming to us since we have known Mr. Blofield—(order read)—"Mr. Blofield's comspliments to Mr. Ellisas, and will thank him to let him know the price of the book he had yesterday. My young man tells you desired him to mention you had commenced hosiery; I am in want of three or four silk pocket-handkerchiefs, and wills be obliged if you will send some down by him for me to look at, and he shall bring them back, "
RICHARD BLOFIELD . The prisoner was a clerk of mine, and left me on the 27th of April, 1833, He has not been in my service since—I dealt with the prosecuter for some periodicals—this order is not my writing, nor was it written by my order—I did not want the things.
Cross-examined. Q. Tell us, before you go into the transaction, what you are? A. An attorney and solicitor; one of the oldest ones in the City of Westminster—I have been so upwards of fifty-two years—I have my certificate in my pocket, to convince you—I have been so unfortunate as not to take it out in time to enter it in the law-list—this was taken out a month after the usual time—I expectecd you would ask me some questions about that soon after the prisoner was in my service, a distress went into my chambers, in Buckingham-street—I have had a large family, which involved me—I was never in the "Gazette," or took the benefit of street—I settled it without, like an honest man—I lived in Buckingham street, five years—the prisoner lived with me there—I know Brown, a brass-founder, in Catherine-street, and Folkard, of Bridge-street, Westminster, and James Cook—his wife was my servant—I believe there was a trifle of wages due to her, when I was in Buckingham-street, in January, 1834, but she was in possession of property far beyond that—Folkard deals in looking-glasses—I have made a purchase of a looking-glasses of him, and pawned it in January, the day before the execution came in, and Cook took it to protect the property—I gave him the duplicate—I should not have sent
the glass to be pawned, but to protect the property—I said to Cook, "Take and pawn this to protect it"—when Folkard came to me to be paid, I gave him the duplicate, and he asked me to give him my note for the reside, which I did, but I have not been able to pay it—I have read law-books on the subject of swindling—the late Mr. Bofield, the City counsel, was my first cousin—this is the paper I gave for the looking-glass—I have not paid a farthing of it—I have not been in the habit of obtaining goods from tradesmen, and not paying for them, not to the best of my knowledge—when the distress came in, in Buckingham-street, I cannot tell how much rent I owed—I think it was 90l. odd.
Q. Was there a tradesman who could get a penny of you? A. Yes; I can show receipts for every thing till the execution came—I was doing business respectably, but got into misfortunes, through my family.
Q. Now on your oath, did you not employ the prisoner to remove goods from your house, in Buckingham-street, after they had been distrained, on, and place them in Cannon-row? A. No; they were boxes, of papers, and books—there was a medal-box, and 200l. odd prints, and there was very valuable property—I did not remove the goods to avoid the payment of the debt—they were of much value to me, but I knew they would fetch very little at a sale—there was a book of autographs of principal poets—I had been offered twenty Guinneas for it—I do not know how much of the rent was paid by my goods, because no account a Orendered to me—they produced something handsome; I was told so by the broker—I think he told me it was between 20l. and 30l—I knew the property I removed would be sacrificed, and desired to preserve it—they were removed before the distress came in—I moved the glass to the pawnbroker's to protect it—I do not mean to say did not want a guinea or two.
Q. Have you not been in the habit of employing the prisoner to go and get goods on credit, in your name, and afterwards send them to the pawnbroker's?—deny it, if you dare? A. I Will not deny it; but I obtained them from parties who owed me money—there was certain amount due to me by a very respectable hosier in the Strand; and I did send him, land why—the prisoner wanted money: I said "I am short of money, but go to Mr.—, and get so and so, and pay yourself, "—the prisoner owes me money on the balance—I owed him money at that time—he did not ask me for it, but I knew he wanted it—It—I sent him to the pawnbroker's immediately he got the goods from the hoseir's to realise the money for it—that was not my constant practice—I do not know that I ever did it before that instance—I do not know that I have done it since—I do not think I have.
COURT. Q. Will you swear positively you never have, both before and since? A. I will not.
MR. CLARKSON. Q. On your oath, did not you desire him, on his asking for his wages, to go and get trade smen's goods in your name, and pay himself? A. Never in the world—I hope, in consequence of being unfortunate, a man is not to be robbed and plundered.
The prisoner's counsel called
MR. FOLKARD. I live in Bridge-street, Westminster—I was formerly a carver and gilder—I know Mr. Blofield—I would not belive him on his oath.
Q. On the oath you have taken, would you believe him on his oath? A. That depends upon what he swore.
MR. RICHARD BLOFIELD re-examined. Q. Will you swear you never sent the prisoner before nor since, directly nor indirectly, to obtain goods for you? A. I will swear it—I said before, except from persons who owned me money—I considered the question as applicable to clients who had money due to me.
Q. Will you swear you never have either before or since? A. No, I do not recollect any instances; if you will give me time to consider I will answer—certainly not—It was a solitary instance, and that was because I knew he wanted money—when the question was first put, I could not remember whether I sent him—I now swear, that neither before nor after did I sent him—I deny that my name has been advertised by the society for protection against swindlers—Mr. Foss never wrote me a letter from Mr. Folkard—the prisoner left me in April 1834, not 1833.
MR. FOLKARD. I have seen his name advertised by the Society.
GUILTY. Aged 33.—Recommended to mercy, on account of the bad example set him by his former master.— Confined for Two Years.
Fifth Jury, before Mr. Common Sergeant.
(Property produced and sworn to.)
(The prisoner put in a written defence, stating that he had engaged to assist the prosecutor to paint seven houses for one guinea, and not being able to find the prosecutor, to obtain money for his dinner, he had pledged the brush, intending to redeem it when he received his wages.)
THOMAS EMMENS . I did not owe him a guinea—I agreed to give him a sovereign—he worked three days, and then absented himself—I went on the Friday, and there was a house and a half left—I had to get a man to advanced him half-a-sovereign, and since he has been in prison, I have sent him 5s. more by his daughter.
GUILTY . Aged 45.— Confined Four Days.
ADJOURNED TO MONDAY, AUGUST 17.