CENTRAL CRIMINAL COURT.
TENTH SESSION, HELD AUGUST 17, 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 MIDDIESEX, 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 John Bernard Bosanquet, Knt., one of the Justices of His Majesty's Court of Common Pleas; and Sir Edward Alderson, Knt., one of the Barons of His Majesty's Court of Exchequer; Sir Herbert Jenner, Knt.; William Thompson, Esq.; William Venables, Esq.; John Key, Esq.; and Charles Farebrother, Esq.; Aldermen of the said City of London; the Honourable Charles Ewan Law, Recorder of the said City; Samuel Wilson, Esq.; Sir Chapman Marshall, Knt.; James Harmer, Esq.; Thomas Johnson, Esq.; and Thomas Wood, Esq.; Aldermen of the said City of London; John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; His Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal-Court.
LIST OF JURORS.
: Fifth Jury.
CENTRAL CRIMINAL COURT.
WINCHESTER, MAYOR.—TENTH SESSION.
A star (*) denotes that the prisoner has previously in custody—An obelisk (†), that the prisoner is known to be the associate of bad characters.
Thirs Jury, before Mr. Baron Alderson.
1689. DANIEL BRYANT was indicted for feloniously and burglsriously breaking and entering the dwelling-house of James Coollins, about twelve o'clock in the night of the 3rd of July, at St. Leonard, Bromley, Middlesex, with intent to steal, and stealing, therein, 1 hat, value 2s.; 1 handkerchief, value 1s.; 1 gown, value 2s.; 1 petticoat, value 1s.; 3 shirts, value 1s.; 6d.; 1 shawl, value 9d.; and 1 bed-gown, value 6d., his property.
JANE COLLINS . I am the wife of James Collins, and live in the parish of St. Leonard, Bromley, in Middlesex. I left our house on the 3rd of July, at ten o'clock at night—I left nobody in the house—I locked the door—the sitting-room window was safe, and fastened inside—all the doors were safely locked—I returned between twelve and one o'clock that night, and found a pane of glass broken in the bed-room window, on the ground floor, and the window was a little way open—it had been unhasped—any body could get into the house—I found the door locked, as I had left it—I missed my husband's hat—I called in a policeman, and then found my drawers open, and missed a gown, three shirts, a petticoat, a bed-gown, a waistcoat, and two child's frocks, which had been in two drawers in the room adjoining the bed-room—there is no door between those two rooms—on the Friday following (the 10th) I saw all the property at Hawes's the pawnbroker's but a child's frock—I know the prisoner—his mother lives nearly opposite us—he does not live with her—he referred me to No. 16, Stepney-causeway—he lodged there—this was on the night of Fairlop fair—I saw him on the saturdy, the day after the robbery, close to my house.
MARY AMOS . I am nearly twelve years old. I remember the night of Fairlop fair—I saw the prisoner that night, just by Mrs. Collins's gate, at a quarter to twelve o'clock—I had been to the Moor's Arms to see what it was o'clock, and it was just a quarter to twelve, and as I came back I saw him—it was just over the way—I saw him immediately I had looked at the colck—we had just come back form seeing the boats that night—the prisoner was standing by Mrs. Collins's gate—he was just by the bed-room window, as near as he is to me now—he had nothing with him at that time.
Prisoner. Q. Was not I in the road? A. No; he was close by the
fence—he asked me what it was o'clock—I told him it was a quarter to twelve o'clock—he was on the footpath—I knew him before.
GEORGE TURNER . I am a policeman. I apprehended the prisoner on the 9th of July—I told him I wanted him on suspicion of a robbery at Mr. Collins's, at Bromley—he said, as I took him to the station-house, that he did not do the robbery himself, but he knew the parties who had done it—that the two men who had done the robbery had gone to Portsmouth, and he knew where part of the property was left—that it was at Kirkham's, No. 16, James's-place, Stepney-causeway—he was remanded—I went to Kirkham's and found two duplicates, among several others, referring to Hawes—I went next moring to Hawes's, with Mrs. Collins, and found part of the property.
JOHN KERSEY , I am a policeman. I was present when the prisoner was searched—I did not see any thing taken form him—I took a shirt off his person, at the New Prison, which I produce—this was on Friday, the 10th of July.
ANN ENNOLDS . I know the prisoner. On Saturday, the day after Fairlop fair, I saw him in the moring, before twelve o'clock—he came to my house, No. 16, James's-place, and washed himself—I saw the hat on his head, and a bundle under his arm—he asked me to pawn the bundle—I pawned a gown, petticoat, bed-gown. and waistcoat for 3s., at Hawes's—I do not know what became of the hat—I think it was a silk hat—I gave him the money and the duplicate—Kirkham was in bed, and asleep that night—I know that, because he was in the same house as I was—he does not lodge there, but he was there that night—I went to bed that night, between ten and eleven o'clock, and Kirkham went to bed at the same time—the prisoner dose not lodge there—I do not know where he lodges—I only know him by seeing him at the top of James's-place, but Kirkham knew him.
JOHN DANIEL HAWES . I am a pawnbroker at Ratcliff, Ennolds pawned a gown, shirt, a petticoat, and other things, on the 4th of July, between ten and eleven o'clock in the morning—I live about a quarter of a mile form James's-place—the hat was pawned with me by a man who I believe to be the prisoner, about a quarter of an hour before—he had a hat on his head, and brought this one in a box—I am sure it was not Kirkham—both the parties gave their directions, No. 16, James's-place.
JANE COLLINS re-examined. I know these articles—the bed-gown and petticoat are marked—the waistcoat and hat I know—I can swear to the waistcoat—I cannot swear to the hat—here is a gown, I know—the hat-box does not belong to me.
GUILTY— DEATH . Aged 18.
Before Mr. Baron Alderson.
1690. THOMAS WRIGHT was indicted for feloniously and burglsriously breaking and entering the dwelling-house of William Moore, about the hour of one in the night on the 19th of July, at St. Marylebone, with intent the goods therein feloniously and burglariously to steal.
going my rounds, about one o'clock in the morning—I had heard it striks twelve, but it had not struck one o'clock—I was a little distance form Mr. Moore's, a cheesemonger's shop, in Great Portland-street, in the parish of St. Marylebone, and observed a person's legs sticking throught the fan-light over the shop door—I went up, and as I got up somebody fell inside the shop—it was the person whose lege I had seen through the fan-light—I knocked at the shop door, and was answered by a person inside, saying it was all right, but if I did not think so, they would open the front door—I still knocked at the private door, and Mr. Moore answered me form the bed-room window—I alarmed him, and then went to the corner of the house, where I could see the back part of the house, and in about two or three minutes, I heard a noise in the parlour—I went to the parlour shutter—the shutters were thrown open, the bottom sash thrown up, and the prisoner was endeavouring to make his escape out of the window—I pushed him back, and asked what he wanted there—I took him into custody—he was never out of my custody—there was a gas-light in front of the shop, on the same side of the way—I observed it was not about an hour before—the other lamps were all lighted—I cannot tell how this one was put out—the glass was whole, and it was a calm night—I found a spike in the grating of the sewer, about ten yards form the door—I found it fitted to the iron bars of the fan-light—a person could not get without removing the spikes—three were removed, and one I found—I never could find the others—I could not see any more in the grating.
WILLIAM MOORE . I am a cheesemonger, and live in Great Portland-street, in the parish of Saint Marylebone. I went to bed on the night of the 19th of July, about ten o'clock—the house was quite safe then—the fan-light is always kept open, to air the shop, and the iron bars prevent people coming in—they were quite safe that night—next morning I observed three spikes broken off the iorn bars, and the other bent down—that would enable the prisoner to get in sideways—the fan-light is above the shop door about six feet high—I do not see how he could get up without help—the prisoner had been in my service—he came on the 10th of January, and I diacharged him in February—I have a wife, a niece, a man servent, one female lodger, and a nephew—there was no acquaintance between the prisoner and my niece, nor the lodger, I am quite confident—I keep a till in my shop, but leave nothing in it at night but a few halfpence—I should think he would know that—the shop goods are in the shop at night—when he was taken he said nothing to me as to why he came to the house.
GUILTY. DEATH .—Aged 16.
Before Mr. Justice Bosanquet.
1691. JOHN WILLIAMS alias WEATHERSTONE and ROBERT HIGGS , were indicted for burglariously breaking and entering the dwelling-house of James Went, about the hour of one in the night of the 9th of August, at Saint Matthew, Bethnal-green, Middlesex, with intent to steal and feloniously and burgalariously stealing therein, 3 half-crowns; 1 shilling; 1 sixpence; and 131 farthings; 2 boots, value 2s.; 4 shoes, value 6s.; 1 umbrella, value 3s.; 1 necklace, value 5s.; 1 spoon, value 2s. 6d.; 1 knife, value 6d.; and 1/4lb. tobacco, value 1s.; of the said James Went.
JAMES WENT . I keep the Fountain public-house in James-street, in the parish of St. Bethnal-green. On Sunday night, the 9th of August, I went to bed about one o'clock—my wife and myself were the last persons up the house—I fastened the doors and windows myself when I went to bed—next morning
my servent was the first person down stairs—I went down next—my wife called to me and gave information—I found a till lying at the bottom of the yard—I saw that from the staircase window—I went down stairs, and found the drawers of the counter pulled half out, and one of the gin cocks running, and different things strewed about the bar—the kitchen window had one sash wrenched out, and the other forced back—it was a samll window—one square of glass was broken—the window was fast, and the glass whole when I went to bed—the door, which goes into the kitchen, had a square of tin cut out, large enough to admit a hand to open the fastning inside—I missed about three shillings-worth of farthings form the till—on the night previous I had seen them in the till—we use a good many in our business—there were two farthings very remarkable, one been burnt in the fire, and had a crack on it, and the other had been hammered quite flat on both sides—I had had them about a mouth or more—I missed an umbrella, one pair of boots, two pair of shoes, and some penny tobacco screws—we lost about quarter of a pound of them.
Cross-examined by MR. PHILLIPS. Q. When were you alarmed? A. About half-past six o'clock—it was quite day-light then—I had heard no noise in the night—I cannot tell at what time the house was broken into—my wife and myself were the last persons up—it is my dwelling-house.
SARAH WENT . I am the prosecutor's wife. I got up about half-past six o'clock in the morning, and observed the till at the bottom of the yard—I missed two pair of shocs, my child's necklace, and a small penknife, which I had had between seven and eight years—I had seen a good many farthings in the drawer the night before—I know the child's necklace.
WILLIAM HAGGERTY . I am a policeman. On Monday morning, the 10th of August, I was on duty about 10 minutes before 3 o'clock—I saw both the prisoners in Watney Street, Commercial-road, with the property produced—I asked them where going to, they said, "to Ratcliff-cross"—they were about a mile form the prosecutor's—I asked Williams what he had inside his jacket; he said, he had a pair of shoes, and gave them to me—I asked him what he had in his pockets—he said, "Some tobacco, a tobacco-box, a duplicate, and a knife"—he produced them—I asked Higgs what he had in his pocket, he said, "Some farthings"—I asked him to show them to me; which he did—I asked how he came by so many farthings, he said, he sold fruit in the street—he had 131 farthings, and a duplicate.
JOSHUA BOUCHARD . I am a tobacconist. These screws of tobacco are the same sort as I serve Went with—I cannot swear they are what he had, but they are the same sort of paper, and the same sort of tobacco as I serve my customers with—other people, sell the same sort.
JAMES HARPER . I live in James-street, Bethnal-green, On the morning of the 10th August I saw four young men—I was standing at my own door, and they went down the opening by Mr. Ward's corner—two went over into the fields, and the other two staid outside—I went in-doors, and went to bed—they were coming in a direction form Mr. went's house—it was about 1o'clock, as near as I can guess—I dont know their persons the prisoner's.
Cross-examined. Q. How near were you to them? A. Nine or ten yards; I won't swear to the prisoner—they went under a lamp.
among the 131; they amount to 2s.9d.—the shoes are not mine—the umbrella is not here.
Jury. Q. Did you ever see Higgs before? A. Not to my knowledge—I never saw cither of them at my house—I don't know whether my put-boy is acquainted with them—I have no reason to suppose that he is.
MRS. WENT re-examined. I kown this knife, I have had it seven or eight years—I know it to he mine—it was lost that night.
WILLIAMS— GUILTY— DEATH . Aged 17.
HIGGS— GUILTY— DEATH . Aged 17.
Before Mr. Baron Bosanquet.
1692. RICHARD LAHEY was indicted for that he, on the 9th of August, at St. Michael upon Cornhill, London, in and upon Joseph William Watson, unlawfully, maliciously, and feloniously, did make an assault, and unlawfully, maliciously, and feloniously, did cut and wound him, in and upon his right leg, with intent feloniously, wilfully, and of his malice aforethought, to kill and murder him, against the statuts,—2nd COUNT, stating his intent to be to disable him.—3rd COUNT, stating his intent to be to do him some grievous bodily harm.
JOSEPH WILLIAM WATSON . I am a coductor to an omnibus. on sunday, the 9th of August, about ten o'clock at night, I was near the Royal Exchange with my omnibus, against the Sun Fire Office in Cornhill, I was standing behind the omnibus—the prisoner came up—he said nothing—a man came up with him, and asked if I was going to Blackwall—I said, "Yes"—he said, "Stop half& minute, there will be four or five of us going down"—while he was speaking, up came the prisoner, and another man, and two woman; the man who frist came up, said to the prisoner, and the others, "Have you got any money to pay your way dawn?"—they replied, "No"—the man who frist came up said, "I have only got sixpence; I shall ride down, for I shan't walk all that way"—he gave me the sixpence, and got up the steps; went in the omnibus, and sat down—one of the woman walked up the top step—I said, "My good woman, you can't sit there"—she said, where her husband was she would ride—I said, "If your husband is inside, you must get in to him, or he must come out; for I cannot have this row round my bus"—during that time, a gentleman came up, and wanted to get in—I asked the good woman to move—she would not—I said, if she did not move, I must put her down—the gentleman said, "Conductor, take and put that woman down"—the prisoner was standing alongside on the pavement—I got down"—the to take the woman down, and she fell down—I took hold of her, to put her down, and she fell down in my arms—I then went to get onthe steps; when the prisoner, and the two woman, and the man that was there, all fell into me, and tried to scartch me, and to tear the things off my back—the woman had hold of the iron underneath the steaps—she loosened her hands, and came backwards into my arms—I immediately jumped up on the steaps and hallooed out "All right," to the coachman—he drove off, and the woman ran after the bus again, and caught hold of the iron, and began to halloo "Murder"—I halloed out to the conchman to stop the bus, and the prisoner came up to me, he caught hold of the my coat, and tried to pull me down—I caught hold of my coat, that he should not tear the skirt off, and pulled it out of his hand—I then told the coachman
to go on again—the woman ran after the bus again; caught hold of the iron, threw herself down, and began to hllno "Murder" again—I called to the coachman to stop again; which he did; and the prisoner came up to me again—I stooped down, and pulled up my coat, that he should not take it, and shoved him away—I told the man who was in the bus, to get out to his wife, as she called herself, and he got out—I gave him his sixpence again on the sten; and while he was getting his wife away form the iron, I kept my eye on the prisoner—I was afraid he would pull me down—I saw him go round form the back of the bus to the off-side, round the horses; come round on the near side, and as I was standing with my back—I turned round; watching him, and I had my back fixed aganist the bus—as he came round on the near side, he brought a knife or something in his hand—I could not see what it was—he took and cut me right across the leg—I no sooner felt the knife at my flesh, but I jumped down, and seizcd him by the collar, and called for assistance—the officer was close at hand, and came to my assistance directly, and took hold of him—I saw he was going to make away with what he had in his hand, or to put it into his jacket-pocket—I tried to catch hold of his hand, but only caught hold of his thumb, and held it till the officers got him form the mob—a pocket-knife was found on the spot where I gave him in charge—the cut was about an inch and a half, or two inches long, not so deep as the surgeon expected it to be—I had a boot on; if it had not been for that, it must have been deeper—it cut throught my trowsers, boot, and stocking—a surgeon attended me; he only dressed it myself afterwards—he found it was of no great consequence.
Cross-examined. Q. Did you attend your bus next day? A. No; I had to go to the Mansion-house; I attended the bus on Wednesday—my master's name is Thomas Fardell; the name of the omnibus is the "City"—the people did not cry out "shame," or tell me to stop—the bus did not go on at when the woman was on it—we went on while she caught hold of it, and dragged herself on, we coulf not help going on a few yards, we could not pull up dircetly—we were going on, when she caught hold of the iron, while the coachman was driving—she ran after it, and caught hold of it; the omnibus dragged her along, she holding by the iron—she did not drag by it above three yards, when I called to the coachman to stop—he stopped, we got rid of her and when he went on she caught hold of it again, and called "Murder"—I do not know the man's name who was in the omnibus—there was a crowd round it, and every body was saying, "Give him in charge, give him in charge; don't leave him"—I have the two officer here; one of them was among the mob all the time; not at the time the woman caught hold of the bus, or I should have given her in charge.
Q. Did not the prisoner come up to rescue the woman form the omnibus, and had you not driven on with her handing to the step? A. No—it is false; I have seen the woman here to-day, and the step, and was in the omnibus—we did not drive on while she was on the step, and the people did not cry to us to stop—I have not been had up with my bus—I have been cad ever since the omnibus started, which is about two years—I never had a blemish on my character—I never struck the prisoner nor kicked him—I shoved him on the shoulder with my hand, while I stood on my monkey-board.
Q. On you oath, did you not kick him on the breast violently, while he was standing there, complaining of your brutal usage of the woman?
A. No; I never touched him—I do not know how many people were round the omnibus at the time I received the cut—there was a crowd of people round at the back of it—I never heard any body call "Stop," while we were driving on—I stopped directly I could—the officer has had the care of the trowsers and boots ever since I was at the mansion-house—I took them home with me that night, and carried the boot in my hand—I do not know the surgeon who derssed my wound—he strapped it up—it is not well yet—I can use my leg—I have been driving the omnibus most of the time since, to ease my leg.
COURT. Q. You never struck him before this occurred? A. No; I never struck him then.
JAMES STREET . I am a watchman of Cornhill-ward. I was coming out form the watch-house in St. Michael's-alley, as it was striking ten o'clock, and heard the cry of "Murder"—I immedistely ran to the spot, and saw a woman hanging to the back of the omnibus, and number of persons collected behind—she said her husband was inside, and she would go in too—the prisoner came up, and demanded her as his wife—he had hardly said a word, before the prosecutor jumpped form the borad, seized him by the collar, and said, "I give him in charge; he has cut me through the leg"—I was taking him to the watch-house, when the female, who was hanging to the omnibus, clung round the priwsoner's neck, and another man who gave his name Carty, (the female gave her name M' Carthy,) endeavoured to rescue the prisoner form me; but we got him in, and afterwards took the other two—the femele and Carty have been held to bail for the assault—I immediately went back to the spot, and picked this knife up, which laid open on the stones, about five yards form the Royal Exchange pump, within a yard of where the prisoner was given in charge to me—Wastson went with me to the watch-house.
Cross-examined Q. Where was it you first heard the cry of "Murder?" A. At the corner of St. Michael's-alley—it was the cry of a female—the watch-house is about one hundred and fifty yards form there—I took the prisoner to the watch-house in St. Michael's-alley; then came back and took the other two—I retuned, and found the khife about five yards east of the Royal Exchange.
JOHN PARKER . I am superintedent of the watch of Cornhill. I had just turned out the watch—I got out a few mintes later than Street—when I got up, he had got possession of the prisoner, and was trying to get him to the watch-house—we had great difficulty in getting him in—there was a great mob, and the woman was rather violent, and clung to him—they had been drinking—the woman said in the watch-house that she had been married that day—that was in the prisoner's presence—it was not taken in writing—she claimed frist one as her husband, and then another—the watchman brought the knife into the watch-house afterwards—I did not know the nature of the wound, and sent for a surgeon—if I had known the nature of it, I should not have sent, as there did not turn out any occasion for one.
Prisoner's Defence. I have withnesses outside, who will decide it, I believe.
CATHERINE M'CARTHY . My husband's name is Dennis M'Carthy; he has not been here to-day, On sunday night, the 9th of August, I was near the Royal Exchange—she the prosecutor there—my husband was with me—wehad been to Saffron-hill and Holborn—the prisoner had been with us—we had something to drink—I was not drunk—my husband go
into the omnibus—I strove to get in after him, but I was not let in—I had money to pay—I had a shilling and some halfpence in my pocket—the prosecutor said the man inside knew nothing of me, and he would not let me in—I said I would go where my husband went, and that I had money in my pocket to pay for myself—he said the man inside knew nothing of me, and he would not let me in, and he pushed me down off the steps—I sat down on the steps—he had not pushed me down before I sat on the steps—the omnibus had not sett off then—the man got on his stand, and cried, "All is right, "while I was sitting on the steps, and the coach went on—it had not gone many yards before the man gave me two or three kicks—I had got hold of the rail of the step, and was sitting down on the step, not on the ground—he kicked me several times—at last I was obliged to scream out, and the people passing by screamed for the coach to stop—that was while it was going on—it was loud enough for people to hear—they screamed—they said "Stop, stop," or something—the omnibus stopped—the prosecutor asked the coachman to stop, when I screamed out—I was still on the step at that time—he kicked me on the head and in the back of my neck, as I sat on the step—when they stopped, he came down off the stand, and used some bad language to me—I was in too great trouble to tell what it was; but he cursed me, and said, if I did not get off the step he would serve me out, but I was faint, and could walk no further—I was tired and wanted to get in—I did not get off, and the coach went on a second time—it had not gone many yards before he kicked me again, and I fell off the step and caught hold of the railing, and the coach dragged me—I was afraid to let go—I had hardly any senses, I got so hurt with the coach dragging and the kicking—I was dragged about twenty yards after I fell off the steps—it may be more or less than twenty yards—I screamed as loud as I could, worse than the first time, and the coach stopped then—with, the prisoner and two other men, who are not here, came to my assistance, and a woman—the prisoner said to the prosecutor, "A'nt you ashamed of yourself, to serve any woman in that manner?"—with that the other man came up—the cad said some vile word to the prisoner—I cannot call it to my recollection—with that, two more men came up—one was Michael M'Carthy—he is no relation to me—the other was John Footman—I saw the prisoner get a kick in the breast—that was when he came to save me—he only spoke two words, and the prosecutor kicked him and knocked him down—I am sure he kicked him in the breast, and kicked him on the ground—he was standing up on his stand—the prisoner fell from the blow—he did not strike the prosecutor before—I cannot say what happened afterwards—I never saw him do anything to the prosecutor till he kicked him and knocked him down—the other men were there then, and they made their escape—the prisoner was secured by the prosecutor—it might be five minutes or more before the prosecutor compalined that any thing had been done to him.
COURT. Q. Is Michael M'Carthy here? A. No, nor Footman—I have not seen Footman since that night, nor yet my husband—the prisoner did not endeavour to get up on the steps—he came to assist me—he picked me up off the ground—the prisoner only said two or three words to the prosecutor—he had done nothing to him—he was standing close to the steps of the coach—the prosecutor was on his stand, and the prisoner was on the ground—he kicked him in the breast—I have been married six years—I never said that I had been married that day—I
have known the prisoner eight or nine years—he is my brother-in-law—he married my husband's sister—the prisoner is a perfectly well-conduted character, and as honest a man as ever lived.
(John M'Carthy, Daniel Sullivan, of Green-fields, Popular; Joannah Sullivan, and Julia Donovan, of North-street, Popular; and Ann Harringten, of Rich-street, Limehouse, gave the prisoner a good character.)
COURT. Q. What is your husband's Christian name? A. William. He left home in company with Mrs. M'Carthy and the others, between nine and ten o'clock on the morning in question.
GUILTY— DEATH . Aged 29.—on the third Count.
Recommended to mercy by the Prosecutor, having a wife and family.
Second Jury, before Mr. Baron Alderson.
1693. THOMAS HOBBS was indicted for feloniously assaulting Robet Castle, on the 11th of July, at St. Matthew, Bethnal-green, Middlesex, putting him in fear, and taking from his person and against his will, 1 hat, value 2s.; 7 shillings, 5 sixpences, and 2 1/2d. in copper monies, the goods and monies of the said Robert Castle.
ROBERT CASTLE . I am a eigar-maker. On Saturday night, the 11th of July, I was coming home—I had been my intended, and went as far as Pelham-street, to the George public-house, to have something to drink—I do not know whether I drank any thing there, as I went to see a friend there, who I did not find—I then went to the Ben Jonson in Pelham-street also, and had a small drop of gin—I then went to Mr. Gower's in Sclater-street, and saw four or five persons there, who I knew, and we had six-pennyworth of gin amongst us—I knew perfectly well what I was about, but might be a little fresh—I then went to the corner of Bacon-street, and waited there for amoment—I saw Harriett Gardner and anoher young girl, standing at the corner, and went to speak to them, I saw four men in the street; one was lying down, and the other three appeared to be going to beat him—I went up to them, and said, "Don't hurt the man; let him get up"—I do not know any of the men—they knocked me down, and kicked me—I lost my senses with the first kick, and on recoving, found myself in my father's bed—that was on the Sunday morning—before I went up to the men I had 9s. 6d. in silver in my pocket, and a hat on my head—I missed the silver and hat when I recovered—I could not find them—I was ill in bed from the blows for a week—I could not move.
Cross-examined by MR. PHILLIPS. Q. At what time did you go out to walk? A. At twelve o'clock—I had gone out at seven o'clock, when I left work—I went to three public-houses—no more to my knowledge—I drank in two of them, to my knowledge—I had about half a quartern in the two houses—I might have been a little fresh—I cannot be certain how much I took—I paid sixpence at Gower's, and I believe I had a drop of gin at the other house, and paid three-halfpence for it—I do not know to a certainly how much I drank—I was not fresh then—I was fresh, I suppose, at the finish of it.
cooper. I saw the prosecutor at the corner of Bacon-street, at two o'clock on Sunday morning—he was fresh in liquor—I saw three men in the street besides him; one of them was lying down, and two were up—the prosecutor went to them—I was about six or seven yards from them—Louisa Moore was with me—Mr. Castle said to the men, "Don't hurt the young fellow;" and then he came back to me again, and they all three came closer; and then two of them fell down; and then they all got up, and made a rush at the prosecutor, and ran him back, till they got him as far as Gould's, the grocer's—one of them had hold of the back of his neck, and the others had hold of his collar, holding him down; and when they were running him back, they said, "Come on, Hobbs"—they said to to the prisoner, and then he ran to them—it was the prisoner—I know him—he kicked the prosecutor in his face—the prosecutor was then nearly on the ground at the first kick; and he lost his senses at the first kick; and then they all ran away to the corner of Bacon-street—they picked up a hat and a cap at the corner of Bacon-street, and Hobbs said, "Hook it, you b—s"—they then all ran away up Brick-lane, towards the Flower Pot—I cannot say who took up the hat, but it was not the prisoner—I stood right facing the prosecutor at the time it happened, and did not like to go over to him till somebody came—I stood over the way till the policeman came—I had left Moore at the corner, and when the policeman came, I went over to the prosecutor—nobody went up to him from the time the man left him till the policeman came—I have seen Hobbs before, selling things in the street, often—I do not know where he lives.
Cross-examined. Q. Had you been drinking yourself that night? A. No; I had been into no public-house that night—I had been to the Pavilion theatre—this happened at about two o'clock—that was just after the Pavilion closed—I had only just come home—I met the prosecutor as I turned the corner—the Pavilion is in Whitechapal—it was open as late as that on that night—I was not frightened—I stood and saw it all—Moore was not there all the time—the prisoner had on a white flannel jacket—I did not see the prosecutor's hat drop off while they were scuffling, and cannot say whose the cap was; I only saw them pick it up—I did not see the prosecutor all the while—I lost sight of him when one of them were before him, rushing him back—he had not a hat on then, but he had his hat on when I was talking to him, and I saw him without a hat when they were ill-using him—Hobbs had a cap on, and it was not his cap which was on the ground; for he had his on when he ran away—when the prisoner ran he seeemed sober enough—Moore was not with me when the prosecutor came up—she stood over at the corner, at the cook-shop—she was not present all the time.
LOUISA MOORE . I had been to the Pavilion, and was coming home with Gardner—I was standing at the corner of Bacon-street, and saw three young fellows larking in the road—I saw one of them fall down—I saw the prosecutor standing at the opposite corner—he went to the one who was lying down, and said, "Don't hurt the young fellow"—he jumped up, and two more stood at the side of him—one of them laid hold of the prosecutor by the collar, and another laid hold of the back of his neck—all three shoved him backwards—I ran to my own door, for I was so frightened, and stopped two or three minutes—I was going back again, and saw all four running down towards the Flower Pot—a hat and cap laid in the road—I saw one of them pick it up—I cannot say which—they all ran towards the Flower Pot—I saw the prisoner running with them—he had a white flannel jacket on—he
was one of the three who were larking in the road; but he was one of the four—that was all I saw.
Cross-examined Q. If I understand you right, when you saw the young man down there were only three altogether? A. No; two men, and the one who was down—the prisoner was not one of those three—there was scuffling amongest them—what happened in that I could not tell—I saw the whole four running two or three minutes afterwards—I did not see the prosecutor receive any ill-usage from the prisoner.
DAVID STACEY . I am a policeman. I came up when the prosecutor was on his hands and knees, about a quarter after two o'clock in the morning—I saw Gardner at the corner—she came up with me to the prosecutor, who I found on his hands and knees, trying to get up—I observed his right-hand trowsers pocket truned inside out—he had no hat then—I took him to his father's—I asked him going along where he lived; he told me in Charles-street—I apprehended the prisoner about half-past eight o'clock the same morning, by the information the girl gave me—he was locked in his room—I got the key, and entered—he had just got out of bed, and asked what I wanted him for—I said, "On suspicion of robbing and ill-treating a man in Brick-lane—he then said, "I know what you mean"—my brother-officer then cautioned him to say nothing, unless he liked—he persisted in saying it was not him, but Bill Kemp; and if I would go with him, he would show me where he lived, and where the hat was—I took him to the station-house, and locked him up—the prosecutor appeared cut all to pieces—the blood was all over his face.
Cross-examined. Q. Had you seen the prisoner that night, and spoke to him? A. Yes, in that neighbourhood—I drank with him—I do not know at whose expence it was—he stood on my beat—it was not at my own expence—I do not know whether my fellow-constable drank with him; he was there—it was at the Swan, at the top of Dunn's-court—I did not go into the public-house—he handed the pot to me at the door—he and three or four more were standing at the door as I went by—he said, "Policeman, will you have a drop of beer?"—I said, "I don't care"—I told him to go home.
COURT. Q. How far was the place where you drank with him from the place where you found the prosecutor? A. I saw the prsoner standing at the opposite corner, with three other, and when I came back he was gone, and the others also and the prosecutor on the pavement—it was half-an-hour before that I drank with him—when I saw him there, they were all four together.
Cross-examined. Q. Did you drink with the prisoner? A. No; I was a long distance off.
ROBERT NEAVE (police-sergeant.) I was at the stationhouse when the prisoner was brought there. His fathern came to him in the morning—he heard his father talking to me, and he sung out. "Father is that you?"—I said, "Yes; but cannot allow you to speak to your father, but I can say any thing to him"—he said, "Father, go with the officer to Kingsland-road, and there you will find the hat."
(Thomas Hales, a salesman, of Smithfield-market; Abraham Thornton, weaver, of Spitalfields; and Richard Fox, dyer, of Crown court, Little paul-street, gave the prisoner a good character.)
GUILTY— DEATH . Aged 19.—Recommended to mercy by the Prosecutor.
Third Jury, before Mr. Baron Alderson.
1694. THOMAS DOMINICK FEELEY was indicted , for that he, on the 20th of June, at St. Bennet Paul's Wharf, feloniously did forge a will and testament, purporting to be the will and testament of John Collins, with intent to defraud David Bevan and others.—2nd COUNT, for feloniously uttering, disposing of, and putting off a like forged will and testament, well knowing it to be forged, with a like intent.—Two other counts, like the two former, only stating it with intent to defraud David Bevan, Samuel Bosanquet, John Deacon, William Haldimand, William Alers Hankey, sir John William Lubhock, Bart., John Martin, Daniel Mildred, Charles Mills, William Willoughby Prescott, Sir Charles Price, Bart., and Abraham Wilday Robarts.—Two other counts, stating his intent to be to defraud the next of kin of Patrick Collins, otherwise called John Collins , deceased.—Two other counts, stating his intent to be to defraud our Lord the King.—Two other counts, stating his intent to be to defraud a certain person or persons, whose name or names is and are unknown.
MESSRS. ADOLPHUS AND CRESSWELL conducted the Prosecution.
FREDERICK GEORGE COX , I am an articled clerk to William David Jennings, a proetor of Doctor's Commons. On the 19th of june, the prisoner came to our office, to inquire if any parties had been from the Saving's Bank, inquiring if letters of administration had been taken out to the effects of John Collions, deccased—we said nobody had been there—he said he had been to the Saving's Basnk, and he understood that another party, a woman, calling herself the widow, would apply for letters of administration to John Collins—he said if she did so, it was of no use, as he had a will—we then told him we could not do any thing without seeing that will—he then left to bring it, and, in the afternoon of the same day, the woman called about the letters of adminstration—the prisoner came again on Saturday, the 20th, with a paper—we told him we could not do any thing with it at present, and he must call again on the Tuesday: he left it with us—he called again on the Tuesday, and had a person with him, calling himself the nephew of the deceased, Owen Collins—on the Monday, one of the clerks had to the Savings' Bank on other business, and brought away a pettion, which we examined with the will—this is the will which he gave me, (looking at it)—we afterwards objected to obtain any probate to the will, in consequence of receiving information from Mr. Clarkson, the proctor—I communicated my suspicions about the will to Mr. Richard Jennings.
MARY EAKLEY . I have gone by the name of Mrs. Collins, for twenty-five years last Christmas-day—I had lived all that time with the deceased Patrick Collins—he was generally called John Collins—his real name was Patrick, as far as I heard; but the distinction was made because two persons of the same name worked at the same place—he was taken ill on the Tuesday as he dicd on the Thursday following, the 11th of June—he was taken ill on the 9th, from a fright which he got on the Saturday night before, which so affected his brain or mind, that he died in two days—while he was alive he had deposited some money in the Savings' Bank—I was with him, and paid the money with my own hands, and received this book, (looking at one)—the money remained in the Bank to the time of his death—he had very little property—he died at No. 9, Lamb-court, Clerkenwell—soon after he was dead, the prisoner came to his lodging, just as he was washed and laid out—it was the morning he died—he brought a policeman with him, as I was crying over the decreased—I turned my head round, and asked the policeman what brought him there—he said, his business—the
policeman and the prisoner looked at the body—the prisoner opened Collin's mouth and eyes, to ascertain that he was dead—I did not know the prisoner before he came that day—I had seen him seventeen years ago, but at that time I did not recollect it—that was all he did, looking at the deceased and examing him—he gave no orders for the funeral—he said nothing about his having a will or being executor—I never heard a word about it—I know Owen Collins, by his coming to our place—he gave in his name as Owen Collins, but I know no more about him—the deceased was not on friendly terms with him, but quite the contrary—he did not wish him in his bed-room—he ordered him down stairs—he called me to turn him down stairs, and said he could not bear him in his sight—he said that on the Sunday, as he broke open his door on the Saturday night and frightened him, and he said so till the day of his death, that he could not bear the sight of him, and they were his last dying words—he had broken into his door on the Saturday night, and forced himself into the room—he broke the staple of the lock—I do not know a person named Kelly—I never saw him in my life—I have seen Griffiths here—I never saw her before I went before the Alderman—I know nothing of her.
Cross-examined by MR. CLARKSON. Q. What was the disorder the deceased was attacked with? A. The doctor who attended him told me it was a fright he had got, which had turned his whole mass of blood—he had had a fright, through Owen Colllins braking into his door at twelve o'clock at night, when he was in bed—I have known Owen Collins for three years before—I was not married to the deceased—I never said I was, further than he always said so himself—I have said I was married to him—I have not offered to swear it—I know Mr. Jennings is here—I have said where I was married to him, and offered to produce the marriage-certificate—I said it was at Kidderminster we were married—that was all false; but I said it because I did not like to make my character known what it was—I told Mr. Jennings that the reason I said so was, that I might get this money—Owen Collins and the deceased had been on very indifferent terms for about a fortnight before he died—Owen Collins had staid there a week before he broke open the door—that was when the deceased was lying ill, on Saturday night—that caused his illness—I saw the prisoner, for the first time, on the day the deceased died—the prisoner did not ask me where the deceased was—I did not say he was gone out on the morning he died—I did not see the prisoner till he came up into the room—I will take my oath I never saw him till my good man lay dead—I did not tell him he was gone out, and refuse to let him see him—he walked into the room—I did not know he was there, till I turned round and saw him as I was over the corpse crying, and he came into the room.
Q. Did not the prisoner desire to have an opportunity of seeing whether the man was dead, and how he had died; and did not he tell you he would fetch a policeman if you did not let him? A. No; the policeman and him came into the room together—I had possession of the Savings' Bank-book after his death—I did not go and try to get the money as soon as he was dead; it was the week after—I said at the Savings Bank that I was his wife; I asked permission to adminster as his wife, and said my name was Collins—I produced the book, and said I wanted to get that money—I made that representation to Mr. Ryland, at the Bank, and to Mr. Jennings—I offered to produce the certificate from Kidderminster.
MR. ADOLPHUS. Q. Was all the money that was put into the Bank
the money of the deceased, or was part of it yours? A. Yes; it was my money, which I saved when I worked at Kidderminster—it was all mine, it was 30l.; I had worked at Kidderminster together with him—it was my own money; I saved it myself—the expenses of the funeral amounted to 2l. 17s.; and I paid 16s. 6d. for the church-yard fees—I never saw Owen Collins after he left, till he broke into the room—I saw him the night befor last, going through the street; he did not speak to me; he has spoken to me since this.
MR. CLARKSON. Q. Have you sold any of the furniture which the deceased left? A. Yes; I have made away with all I had nearly.
JAMES WELDOM . I am a feather-dresser, and live at Kidderminster. I knew the deceased, John Collins; he worked in my service for above eight years—I often saw him write—(looking at the will) to the best of my judgment and belief, this signature is not his writing; it is not his writing; it is a different style and character from his altogether—Eakley did not work with him all the time, but for about seven years—she came to him in about a year after he came to me—the deceased's name was John Collins; he always called himself so to me.
Cross-examined. Q. When was it the deceased worked for you? A. He left no doubt; I think it is mor than eight years—I have often seen him write; he was my foreman, and used to enter all the goods in a memorandum-book—here is a book; all this is his writing—I did not see him write all of it; I have seen him write some of it.
Q. Do you judge that the signature to the will is not his writing, by comparing it with the book? A. No, not at all; but because it is a different character of writing quite—like this piece of paper—that is his writing; this is quite different fromk the writing on the will—I judge that the writing to the will is not his, by its being so unlike that paper—this is his hand-writing.
COURT. Q. How do you know that to be his hand-writing? A. I saw him write that.
MR. ADOLPHUS. Q. Suppose you had not that paper to refer to, but trusted to your memory alone, could you venture to say you believed the will not his hand-writing? A. Yes; I could in my judgment and belief say it is not his writing, without referring to that paper; but it was said, if I had his writing I had better bring it.
JAMES RYLAND . I am cashier to the London Provident Institution Savings' Bank, Bloomfield-street, Moorfields; Sir Thomas Baring is president, David Bevan, Esq. is one of the trustess. I know the prisoner, by his having applied to our Institution—his first aplication was, I believe, on Wednesday, the 17th of June; he came to make inquiry relativ to the account of John Collins—I cannot say whether any body was with him on the first application—he was told, any inquiry he had to make must be in writing, as he had not the deposit-book to produce—he afterwards came and presented this petition—this is the book of deposits of John Collins:—
(Petition read)—"Honoured Gentlemen, your humble applicant, Owen Collins, whose uncle, John Collins, deposited 30l. in your honourable Institution about four or five weeks ago, and is since deceased—a woma, whom the said uncle has cohabited with, being in possession of the bank-book will not deliver it up—your applicant therefore most sincerely prays your kind advice and assistance for the recovery of the said funded property; and your humble applicant, as in duty bound, will ever pray. Owen Collins, No. 3, Marmaduke-street, Cannon-street-road, St. George's
East. To the Gentlemen of the Committee of the London Provident Institution."
Cross-examined. Q. Are you the acting person at this Institution? A. On most occasions I am—I have no recollection of the person of the deceased, as he was never there but once, and then he merely paid me the cash—I am not able to say that it was not a woman who paid me the cash—the payment was all made at once, on the 28th of April—the prisoner came to our Bank on the 17th of June—I am not sure whether he was accompanied by another person; but when he made the tion, he was accompanied by the man who purported to be the nephew, Owen Collins.
Q. Was not his application, on the 17th, to stop the payment of the money to Eakley if she applied; he tell you the deceased had made a will? A. I should say out; because we entered into no conversation with him—I cannot undertake to say whether he represented that another person had got the book, and if she applied to take out the money I was to stop it, as there was a will—I should say, he did not mention a will at all; because our time is so valuable, we enter into no conversation with parties who do no produce a book—I was the person who saw him—I told him a person had applied, who purported to be the wife, and most likely told him she had produced the book—I told him I had referred her Mr. Jennings, the proctor—I referred him to Mr. Jennings also—the woman had represented herself to me as the wife.
Q. Would it not be necessary, in the course of proceedings, for an affidavit of that fact, or a certificate of the marriage, or for administration to be taken out before you paid the money? A. No; under 50l. it is at the option of the trustees to pay the money without administration; and we very seldom require a certificate of marriage—all we require is the production of the book and a certificate of the burial—on many occasions we take affidavits or certificates of marriage—sometimes persons of respectbility come forward to vouch the fact, and then we do not require affidavits; we require the production of the undertaker's account, and reference to respectable people—we take an undertaker's account in part of the evidence to prove the person is the person described—I am not aware of any further explantation with the prisoner on Wednesday or Friday—the moment the will was produced, we referred him to the proctor—I believe I gave him a card with Mr. Jennings' direction upon it—on the 16th of June, I stated if he had any application to make he must make it in writing, and on the Friday the explantion I have mentioned took place, and we referred him to Mr. Jennings.
MR. CRESWELL. Q. When any cases of doubt or difficulty come before you, do not you invariably send them to Mr. Jennings? A. Yes.
COURT. Q. If a person produces the deposit-book, and the neighbours say that is the wife of the man, you pay it? A. Yes; wherever there is no cause to doubt it.
RICHARD WILLIAM JENNINGS . I am a proctor of Doctor's Commons. Cox is an articled clerk of my father's—I saw the prisoner—I cannot state the date exactly—it was respecting a wil from the Savings' Bank—Cox had, before that, made a communication to me—the prisoner produced this will to me—as well as I can recollect, Cox brought the will in to me—the prisoner was in the clerk's office—I believe I had him into my room—the wil was then produced, and I made inquiry of him respecting the execution of the will—(I have some difficulty in calling the order of
the circumstances to my mind)—I suggested to him, that the attesting witnesses should attend at our office, to explain the circumstances—an appointment was made for their attendance on the following day, I think—they did attend—I am not able to say the day—it was immediately after, and I think the next day, or the day but one after—a person, of the name of Kelly, and a female, named Griffiths, attended—they were the names they gave—the prisoner was them, I believe—I am not quite certain; I really cannot speak positively, for I saw the witnesses in my own room, each person by himself—if the prisoner was there, he was not in the room with them—in consequence of what they stated, I desired the prisoner to be sent to me, if he was there; or when he did come he was to be sent to me; and I saw him in company with Owen Collins—it was a continuation of the transaction—I made some inquiry of the prisoner—he said, he had attended the deceased, and, at the deceased's request, he prepared the will for him; and that the deceased had executed the will in the presence of the persons whose names appeared as attesting witnesses—he said the will was executed in a public-house in Clerkenwell, in the neighbourhood of the deceased's residence—I believe Mutton-hill is near Clerkenwell—Owen Collins was going to make some observation, and I stopped him—in consequence of the interview, I explained to the prisoner the oath it was necessary for him to take, as the executor—he declared that he was perfectly able to take that oath conscientiously—I then directed the clerks, I think Cox, to prepare the necessary process for his being sworn as executor, and to use extreme caution—I do not think that was in the prisoner's presence—I should say, that a discussion took place with the prisoner as to the property—I found descrepanies in his statement, which induced me to be more particular—I only recollect that that was the result of the conversation—at first he stated, that the property exceeded the value of 50l., but susequently he said it did not—I do not remember any other descrepancy; but in consequence of that, I was particular in the instructions I gave to my clerks—there is a difference in the stamp-duty, and savings' bank property is exonerated from stamps, where the property is under 50l.—when the person's whole property does not exceed 50l.—if he deposited 30l., and has 30l. more beside, that renders him liable to the stamp; but if he has altogether less than 50l., the stamp-duty is lower; his being a depositor gives him that privilege—I put a jurat to the will—I was not present, and do not know whether the oath was administered to the prisoner—this is the stamp-office affidavit; it has been sworn, I apprehend, as I believe this to be the signature of the surrogate—I was absent from the office when the prisoner and Owen Collins were given into custody—I was called on to give evidence about a week after—Mrs. Collins had not made any application to me in the mean time—she had previously.
Cross-examined. Q. You did not direct the parties to be taken into custody? A. No: as far as I was individually concerned, the matter was going on as if the prisoner was the executor—this is not my prosecution—I saw the woman before I saw the prisoner—I saw her the day before I first saw the prisoner—I cannot tell when it was—she represented herself as the widow of the party deceased—I instructed her to obtain a certificate of her marriage, and asked her where the was married—she told me (I think) at Kidderminster—she said she could obtain a certificate, and promised to produce one, mentioning the expense to be an object, which I promised to assist her in—I told the prisoner when he came, that
the woman had been, and represented herself as the widow; that she had been married at Kidderminster, and had promised to produce the certificate; and he told me that the will he produced was the genuine willl—that Owen Collins was the nephew of the decesed, and that the woman was not his wife—I afterwards taxed the woman with having deceived me—whether she said she had stated what she did to get the money or not, I cannot say; but I think she did not—she said she was entitled to the money—I believe the will was in our possession when I first saw the prisoner.
MR. JENNINGS' Cross-examination continued. I examined the parties separately—I told the prisoner, on the second occasion, that the woman had appointed to come—whether it was the sane day, I do not know—I do not recollect telling him to wait to see her—when the woman attended I gave her sufficient time for the post to pass to get the certificate—I do not recollect having told the prisoner that the woman was coming there that day—I cannot say whether I did or not—I cannot tell whether he waited a considerable time to see her—I believe she attended, according to the appointment I made—whether it was on Saturday I cannot tell—I made an appointment for the witnesses to the will to attend, but on what pay I cannot say—they attended in consequence of an appointment.
Q. Did not you state at that attendance that you believed the woman was a bad one, and you would give her a day or two to produce her marriage certificate, if she had one? A. I believe I might—I do not think I used the word had one—I said I disbelieved her statement—I cannot tell what day I appointed them to come again—I did not tell them if they came on Wednesday, the 17th, that lettrs of administration would be got out, the will annexed, and forwarded to the Bank on Friday; for the circumtances created a suspicion, and as such we should take longer time than usual to prepare the documents, to get further information—I will undertake to swear I did not say, that on the Friday the letters of administration, with the will annexed, would be sent to the Savings' Bank, for there would not be such a thing wanted at the Bank—I have no recollection of saying that the necessary papers should be at the Bank on Friday—I do not recollect his attending with the woman at our office—I was not there when he was taken into custody.
MARY EAKLEY re-examined. The deceased had not any money in a cash-box—he had no cash-box—he had a chest; but the money he had in the box he put in the Savings' Bank—he had 5l. besides in the box, and that I buried him with.
COURT. Q. Was that all the money he had? A. That was every farthing, I am quite certain—I kept the Savings' Bank-book in that box as well as the money—that was every farthing of property that there was in it.
MR. CLARKSON to MR. JENNINGS. Q. Would it not be necessary in order to administer in the character she represented herself, for her to make affidavit of the fact? A. Yes.
JAMES RYLAND re-examined Q. Were you in the Savings' Bank-office on Friday, when the woman was there as well as the man? A. I do not recollect their being there together—none of the clerks recommended the
prisoner to give the woman a sovereign, and get rid of her—this prosecution is at the instance of the Savings' Bank.
MARY ANN RIDGWAY . I am married, and live in No. 9, Red-lion-Yard, Red-lion-street, Clerkenwell. On the 12th of June I lived at the Two, Brewers in Vine-street, Hatton-well; it used to be called Mutton-hill—I know the prisoner by sight—I recollect his being at the Two Brewers, on the 12th June—a young man, named Owen Collins, and a woman, naed Mrs. Griffiths, were with him—I had never seen them there before—I know it was the 12th June, because it was the Friday before my master went to Ascot races—they had a pot of half-and-half—they called for a pen ink; and when I took in the pen and ink, they asked for a sheet of writing-paper—I saw the prisoner write something on the sheet of paper which I brought in—I got it from Mr. Wood's, a stationer in Leather-lane—it was about this size—I gave 1d. for it—it was a similar shape—it was long paper, like that (foolscap)—I gave 1d. for it, and the prisoner gave me 1d. for it—they were there from the to three hours—they had more paper on the table besides that—the prisoner was along time writing—I had seen the parties there before.
Cross-examined Q. Are people frequently in the habit of coming in and writing at your house? A. No.
THOMAS DORY . I am landlord of the Two Brewers, at Mutton-hill Ridgway was in my service—I went to Ascot races on Tuesday, the 16th of June—on the Friday before that I was at home part of the day—I was abesnt from home five or six hours—I do not recollect the prisoner—I never saw him at my house, to my knowledge.
JAMES LEA . I am police-officer of Lambeth-street. I took the priseoner in custody, I think, on the 19th June, at Mr. Jenninges's Docotors' Commons—I think it was on a Saturday—it may be the Saturday week—I asked him where he lived—he said, "No.30, Glmeester-street, Commercial-road"—I made inquiry for him there—I found that he had lived there, but bed left three months.
Cross-examined. Q. Did you take Owen Collins also? A. Yes—the Magistrate discharged him.
MARY COLLINS . I am the wife to Thomas Collins. He was a relation of John or Patrick Collins, deceased, who did on the 11th of June, at a quarter or ten minutes to eleven o'clock in the day—I was with him—he died in my arms—I had been with him ever since half-past six o'clock in the morning—I asked him, in the course of that time, if he was thirsty—he said, "Yes," and I gave him some drink—he said he was very glad I had Saturday to help Mary to keep Owen Collins down staris; for that on the Saturday night he came in, and brokes his door in.
Cross-examined Q. Were you beofre the Magistrate? A. No.
THOMAS GLOVER . I live at No. 7, West-street, Smithfield. I get my living by writing fot the Six Clerk's office, Chaneery-lane—I have seen the prisoner write (looking at the will)—to the best of my knowledge and belief this is the prisoner's hand-writing—according to the best of my knowledge and belief, the sigature, "John Collins," is his writing—it is all one hand-writing—I believe this petition to be in the same handwriting—the signature to this affidavit is his hand-writing to a certainty, and so are the others.
Cross-examined Q. Two of these doucments were put into your hand
together; did you compare them before you spoke to them? A. I did not compare them, I swear. I am a law-writer—I do a great deal in the Six Clerks'Office, but I get a good living otherwise as well—I attend the sessions at Clerkenwell, and if a stranger wants instrucations I draw a precipie for them, with instructions for a bill—I am not a hanger-on at Clerkenwell—I am a law-writer, and get my living by writing—I have prepared briefs, and deliverd them to counsel—I am nothing else—I was originally a chemist and apothecary, and lived at No.4, Fore-street, Cripplegate—I was never any thing else—my eldest brother is a lawyer in the country—I gave up chemistry through misfortune—I did not fail, but like a good many young men, when I first started I was very fond of lending my name as an acceptor to my brother-in-law, and had better than 7000l. to take up in the course of three days, and I paid them 7566l., for whcih I had no value—it was my late wife's brother-in-law—I have not accepted any bills since that, I swear—I know Chancery-lane and Sergeant's-inn—I have been there some hundreds of times, when I was clerk to George Eaves, an attorney, in Wych-street, Strand—I was with about two years, and I was with Francis Thomas Champnell, of Middle Temple-buildings—I have left him eight or nine years—I may have through Sergeans's-inn two or three times since—I never went to one of the Judg's Chambers there on any business whatever—I have seen a parcel of men standing at the gate with papers in their hands—I never looked into a glass at those chambers—I deny having stood there myself—I never sttod there with a paper in my life—I have been bail—I have been what is called common bail, perhaps twenty times in my life, but not within these ten years—not since I lost the 7000l., to my knowledge—I was a chemist before I was an attorney's clerk—it was not as a chemist I became bail, but when I was a law-writer—I have always gone by the name of Thomas Glover—I never went by any other name as bail—I dare say I might have been bail twenty times—it is impossible to say the date exactly when I was bail last; nut, as near as possible, it may be eight years ago—I swear it is more than five—I have seen the prisoner write frequently at the Spencer's Arms, Clerkenwell—I was at Guildhall—I did not sign any deposition in this case—I did not go two or three times before the Magistrate and make a statement—I made no statement inwriting before the Alderman—I was sworn as a witness—Lea, the officer, found me out on Sunday—I first saw Lea on the matter, about the 17th or 18th of june, and I went before the Magistrate on or about the 20th or 21st—it be after that, certainly—I was sworn when I first went beofre the Magistrate—I stated what I had got to say—I have very seldom been before a Magistrate—to my knowledge it is not usual to take down the statement, and come another day to sign the depositions—I did not get any money when I went before the Magistre—I did not ask for any—I did not attend to sign my deposition—I did not get out of the way because I could get no money—at any hour Lea though proper to find me I was to be found—he knew where I lodged—I never heard that he had been there after me—I did not know it was required that I should attend to sign my deposition—theye never came to me to sign the deposition—Lea first found me out at the Spencer's Arms—I knew it was necessary to sign my deposition, but I did not think there would be any more of it—I did not know any body had been for me to come and sign it—I was subpœnaed here—Mr. Humphrey's clerk served it on Wednesday last—it was on Tuesday, I think, to attend on Wednesday—here it is—nobody required me to go before the Grand Jury—I was in attendence there, and saw Lea—I was not taken in—I did not inquire at the Magistrate's
office to know if the case was going on—I was not engaged at Clerkenwell Sessions at the time—there is not a doubt but I was at the public-house—it is a place where people know where to find me—I am not there all day—I did not attend more than once before the Alderman—I had no reason to think that there was going to be an end of the prosecition—I cannot give any reason why I did not go before the Magistrate again, but that I was not applied to—I have seen Mr. Payne, the Magistrate's clerk—I knew his father, and I recollect his face again—I did not receive directions to attend again at the office to sign my depositions, not to my knowledge—I will swear positively I did not.
MR. ADOLPHUS. Q. If you had been required at any time to attend and sign your depositions, would you have done so? A. I certainly should have gone—if Lea had told me to go and sign it, I should—I have not been bail for seven or eight years, and at the time there used to be a considerable crowed at the Judge's door to put in bail—I do not know that it was then common to bring bail, without intending to justify—I have that ir fied bail when I was a housekeeper, worth the money—I have not done it at time when I was not so.
MR. WILLIAM PAYNE . I am a clerk to the Justices, at Guildhall. I take the examinations in a minute-book, on the several days on whcih a case is heard, and when it is decided, whether the party is committed or discharged; if committed, the depositions are copied out from of depositions till it is design them—we do not reduce them into the form of depositions till it is decided that the party should be committed—there were four examinations in this case—on the 6th, 8th, 11th, and 18th of July—Glover was examined on the 8th of July—I never saw him at the office afterwards that I am sware of—I gave nothing farther than the usual notice on the 8th of July, that all partice were attend at the next hearing—the prisoner was called on for his defcne on the 8th of July, and I took down a statement he made (reads)—he said, "The will was written and signed at the Two Brewers, on Mutton-hill, in the parlour—the deceased and Collins were there from twelve till near three o'clock—we had three pots of half-and-half, and the landlord attende on us—Mr. Griffiths and Kelly were there when the will was finished—I believe Kelly works at the London Dock—Mr. Pattison, of the Bank, got him in—this was read over to the prisoner, and he was asked to sign it—he said it was true, but he should decline signing it, that he did not know whether he should do right.
Cross-examined. Q. When persons are remanded, is it not invariably the custom to give all the parice notice to attend at the next examination? A. Yes; I have no doubt was done on the present occasion—after the second examination, a day was fixed for the next, in the presence of the witnesses—I cannot undertake positively to say that the witnesses were told to be there; but it is the usual custom to do so—the day for the next examination was mentioned in the hearing of the witnesses—I expected Glover would attend, to sign his deposition—a depostion was prepared for him to sign—the Alderman expressed his disapprobation at his not being presen to sign it.
(Will read). "In the name of God amen. I, John Collins, of No. 7, Lamb's-court, Clerkenwell, in the country of Middlesex, flock and feather-dresser, being in sound disposing mind and memory, but being in a low desponding state of health, and considerding the uncertainty of this life, and the perilous situation whcih I am in, and, in case of sudden and unprovided death, for to aviod contrversies after my deease, I make this as my
last will and testament, in manner following: viz, first and prinicpally, I recommaend my soul to God that gave it, and my body I commit to the earth to be deacently intered; and to all such wordly estate or effects as I am now possessed of, I will and bequeath the same as thus:—I give to my best beloved nephew, Owen Collins, 30l., now deposited in the Savings' Bank Moorefields, with all my wearing apparel, and the remainder of my property—namely, my household furnirure, an excellent feather-bed and bedding: I dispose of them, together with 35l. in cash. now in my chest as follows; that it is my wish and will, if Mary Eakely, with whom I cohabited, conducts herself with affection towards my said nephew, she is to have one-half the last-mentioned property and no more. And I give to an old and esteemed friend, Thomas Dominick Feeley, the sum of 5l., and nominate and appoint my said friend, Thomas Dominick Feely, to he my whole executor nad trustee to this my last will and testment. In witness whereeof I set my hand and seal, this 6th of June 1835.—JOHN COLLINS.
"Witness, Edmund Kellys, Sarah Grifflth".
Prisoner's Defence. Two or three of the witnesses are perjured—Eakley and Glover are perjured—as to that publican, he was not there when the will was made—it was his brother, I believe.
THOMAS DORY re-examined My brother sometimes attended the house—I was out along with him at that time, and he could not be at my house—I cannot say whether he was at my house on the Friday before Ascot races—he was there in the morning—I have a brother-in-law—he sometimes attends on the guests at my house—my brother was down there in the morning part of Friday, When I saw was there—he went away about eleven o'clock—I did not leave him there—he did not come back, that day, because I was along with him—I went away directly after him.
OWEN COLLINS . I know the prisoner—on Saturday, the 6th of June, he was living in Commercial-road, in Saint George's in the West—I had as uncle, named Collins, living in Lamb-court, Clerkwell—he was living with Eakley—in the week my uncle died I liced in one room of five days befiore in Turk's-head-court now—I lived with mu uncle four of five days before he died, and then went away from him, because Eakley knew I was out—my uncle had sent me out for some things, and she sent me away, and I kicked up a row—she me all the names she could, and I went from ther to live in Turk's-head-court—I went there on the Saturday before he died, whcih was on Thursday—I had come there on Saturday night, and was a little tipsy—my uncle told me, it I was a good friend with those people, pull him out of the court; for he did not like living with those people, that was the truth—on the Friday night before my uncle died, I and Michael Feeley, the prisoner's brother went down to Saint George's in the West, to the prisoner's house—I never had seen him before—my uncle told me whever I could find Dominick Feeley to go after him, and he gave me 1s., to treat him with two pints of beer, if I could see him, and he said, "Bring Dominick Feeley to me here, to see me right; for I do not like to stop with this woman here; I will go away from her"—my uncle did not tell me waht he wanted him for; but he said be wanted to get away from this woman altogether; that he did like her—that was before I left his house—he lived on Safron-bill before that—it was on the after the night before house"—he lived on Saftron-bill before that—it was on the Friday prisoner and his brother—I found him, but I did not know what concern my uncle sent about—I told him my uncle sent me for him, and would like to see to-morrow, and he came just at twelve o'clock in the day, on
Saturday—my uncle was at home—Eakley was at home and I had dinner with her—my uncle was with Feelay at the Two Brewers, on Saffron-hill—he was not at my uncle's house at all—he met him outside the court, on the way.
Q. What became of the prisoner and your uncle? A. They went to the Two Brewers, on Mutton-hill and had three pots of half-and-half—I was there part of the time—I had my hand in a sling my uncle told me not to let this woman know where I was and I said I was going to put some water on my hand at the pump—Feeley and my uncle went into the Two Brewers and had some half-and-half together and then I went in and had a drink out of the half-and-half, and then went out to put some watr on my hand at the pump, and then went home to this woman, and had may dinner—she asked me where my uncle was—I did not tell her because my uncle told me to be in and out, watching his prperty because he wanted to go away from this woman and for fear I should tell any thing he would not let me drink much out of the half-and-half—my uncle told me, if she asked me, not to tell her where he was—I did not tell, and for that reason she told me to be off on the Saturday night: and said I should not sleep there any longer and I went to Turks Head-court, after I had my dinner—I never stopped till I went to the public-house and had a drink of half-and-half, where my uncle and the prisoner was—I cannot exactly tell the time I went into the parlour, had some half-and-hal, and then went and got a pump of water on my hand, in Hatton-garden, which is very near where she was living—I cannot tell how many times I went to the Two Brewers—I saw my uncle and the prisoner writing but I did not see what they were writing—they did not let me know what they were writing but my uncle always said, "Be a good boy and do what is right, and I will take care of you always"—I saw the prisoner writing on the table—I did not see my uncle write—there was nobody in the room but my uncle and the prisoner and he said, "Go and look after that woman she will run away with my things"—I did not see Grifiths or Edward Kelly there; but they could go there—on the Thursday after that, my uncle was dying and I was going up stairs, Eakley said, "You villain, I will not let you up you shall not see him;" and I would not go up—I saw my uncle after he was dead and slept there two nights after he was dead and saw him buried—the prisoner did not go with to the house at any time—I met him outside the first day, the day my uncle went with him—I did mot see him there after my uncle died—after my uncle died'I went with the prisoner to the Savings' Bank and we stopped the money at the Bank, because this woman wanted to do me out of my uncle's things—she has pawned my uncle's clothes and things—she would not give me any thing but his coat and waistcoat which I have on now—she has pawned the rest and spent the money in drink—I cannot write—I did not see any will signed—I am quite sure my uncle waas at the Two Brewers that day.
MR. ADOLPHUS. Q. You saw the prisoner write? A. Yes—I did not know him before the Friday, but I knew his name and I know his people at home—I had gone to my uncle's about the Monday morning and was turned ont on the Saturday night—I do not know when he came to town from Kidderninster—he had been in town about six weeks before he died I think—I saw him the very day he came from Kidderminster—I do not know who wrote my name to this petition—I suppose if any body wrote it, it must be the prisoner—most likely he wrote the petition for me—before he went to the Savings' Bank he had a paper in his hand, and was
writing when I went in, but he did not tell me what it was—I know very well my uncle would not let me want sixpence—I never applied to him for sixpence and was refused—he would give me a sovereign as soon as sixpence, and he usd to send me plenty of money when out of work—I know John Eakley—I did not ask him to apply to my uncle died—I saw Mrs. Eakley when I was a prisoner going through the street that is all—I have seen her within this two or three days, and almost every day in the week—I pass by her to go to work—I did not tell her I would have my money, in spite of her—I never said a word to her; but I cannot go into a public-house, and have half a pint of beer, but she and another woman come in after me clapping their pockets and saying, "There is plenty of money here"—I never said I would have her money in spite of her—I say the real truth, that it is not her money—I never said anything about the money to her—I told her, when my uncle died, that it was not her money, because the prisoner told me what was done when he died—I did not know it till he died.
COURT. Q. You did not know the will was in your favour until your uncle was dead, did you neither from your uncle or the prisoner? A. But once I heard of the will—I always said it was not her money—I did not know there was such a will till after my uncle was dead—there was no will made after my uncle was dead.
MR. ADOLPHUS. Q. You think no will was made after your uncle was dead? A. No, I think not—this girl says I was at the public-house with the prisoner, after my uncle died—I heard her say it—I was before the Magistrate—I knew nothing about my uncle having made a will in my favour until he died then the prisoner came up to me and told me the will was mad and he had put it in the Commons as soon as they could—he told me so after my uncle's death—I was not with him when he opened my uncle's mouth and eyes—he did not tell me of it the day my uncle died—I did not see him next day—I saw him the day after and he told me the will was all right and my uncle had left me the money—I took him to the public-house on the Saturday, at twelve o'clock, with my uncle but I did not know what my uncle had sent me to him about—I went out from time to time to water my hand as my finger was broken—I was in and out there, but did not stop three minutes at a time—he would not let me stop within—he told me to be in and out that the woman should not go off with the things—I used to stop two minutes at the public-house and be off again—I went right through the parlour drank the half-and-half, and went out again—I was in and out from twelve to three o'clock—the landlord is quite a stranger to me—I do not know whether it was him or his brother-in-law that I saw thjere—I saw his brother-in-law or him; but I am sure one of them brought three pints of half-and-half.
SARAH GRIFFITHS . In June last, I lived in Marmaduke-street, St. George, East. I have known the prisoner seventeen years, and have lived with him as his wife—I was married to him once—it was said that he had another wife living—I now live in Edward-street, Blackfriars-road—he was tried for bigamy for marrying me—I have not lived with him since that—I have seen him sometimes, but never to live with him—I saw a woman they said was his wife, produced in this court but it was not regularly produced, I think—I did not speak to him for five years afterwards he was only confined three months on account of his character—on the 6th of June, I went to the Two Brewers—it was the Saturday before Whitsunday—it
was from between the hours of twelve, or one and three o'clock—from the hours of one till near upon three o'clock—until past two o'clock—it might be past one o'clock—I am not exactly paticular to a few minutes—it was between one and two o'clock—I never saw the deceased before that day, or since—I know Edmund Kelly—he was at the Two Brewers—it was soner was there—I saw a paper signed at the Two Brewers.
Q. Who signed it first? A. John Collins; they said that was his name, and Edmund Kelly next—he had known him some years, and I singed last—this "Sarah Griffiths" (looking at the will) is my writing, and that is Kelly's and that is the man's calling himself John Collins—I saw nhim put his name to the paper—he stooped to do it—he leaned on the table, and did not sit down—the prisoner did not sign it—he read the Will—he never touched it after he read it—John Collins signed it first—Kelly and I next—I remember Friday, the 12th of June; I was not at the Two Brewers then; I was at home, at Marmaduker-street, till nearly two o'clock and from there went to Mr. Smith's, in the Borough—no paper ws sent for while I was at the Two Brewers—it was nearly written when I got there—I heard John Collins say that Owen Collins was his hephew—he said he wished him to be protected, for afriad of being made away with.
COURT. Q. Who was afraid of being made away with? A. John Collins said he was afrid of being made away with; for he had fallen into very bad hands, and wished to get away from some woman who he was with—he said he was afriad of being burked? that was the word he used.
Q. How came you at the Two Brewers? A. On the 5th, the evening previous to the Saturday, Owen Collins called with a person named Feeley, at my house, to know if Dominick Feeley (the prisoner) was there—he was there—it was as late as ten o'clock and he asked him if be would go and interfere on behalf of Owen Collins, on the morrow; to go and interfere, to take his property from the hand of this woman.
Q. Then Owen Collins asked Feeley if he go the following morning to interfere about his property being in the hand of this woman? A. Yes; there was another person with Owen Collins, of the name of Michacl Feeley—he was to interfere about John Collins's property, who was afraid of being made away with—he appointed to meet John Collins next day, at twelve o'clock—he went at twelve o'clock and met him; and asked me to be so good to come to him at the Two Brewers—I did not know what it was for, until I went.
MR. ADOLPHUS. Q. How long did you live with the prisoner as his wife? A. A very little while—I do not think it was six months—it is seven years ago since I lived with him as his wife—I have seen him frequently since that time, but not to live with him—sometimes not for a months together, somntimes six weeks, and sometimes two three times a week.
Q. In all that time did you know of his having an old friend called John or Patrick Collins? A. I was not acquainted with his acquaintances—I never heard the name, to my knowledge—I do not live in Marmaduke-street now—I have property of my own, and have lived on that since I have parted from the prisoner—I believe the prisoner lodged in Ray-street and sometimes in his own house, in Gloucester-street, Commercial-road—he was at my house when Owenn Collins and Michael Feeley came to ask for him—Michael Feeley is the prisoner's brother, and he married my sister,
Q. Then you were to talk from Commercial-road to Mutton-hill without knowing what for? A. I had other husiness to do—I was going to see
a friend at the west-enjd of the town, in Carburton-street—they did not come to fetch me to go to Mutton-hill—the prisoner asked me to call, as he was going there—he did not tell me for what—he had not been staying with me, he had been there above half-an-hour, I suppose—he was not going to stop there.
Q. When was the appointment made for you to come? A. He called on me next morning, at ten o'clock, and asked me—Kelly went with me to Mutton-hill—I went to Kelly's house to see his wife she was an invalid—I got there at half-past twelve: I think it is in Currier's-court, London-wall; it was all in my road—I believe it was half-past one whe I got to the public-house on Mutton-hill—I think it was between one and two—I did not stop twently-mintes there—the will was nearly done when I got there—I knew the prisoner's writning at the time I lived with him—this will is hand-writing (looking at it)—this "John Collins," at the bottom, is not like his hand-writing—this ius John Collins' writing; it is not at all like the prisoner's writing he never wrote it; in my judgement, it is no like his writing—I believe this petition to be the prisoner's hand-writing; it looks like it—this name of "Owen Collins," at the bottom, looks like his writing; but I cannot say: if I was struck to death, I believe it to be his—I came with Kelly to the house—whether Kelly went out when I did, I cannot say—he came to the door—I did not go away with him—he came out at the door, but did not go my way—whether he went in again, I cannot say—I did not see the landlord of the house—I did not see Owen Collins there—there was the prisoner and John Collins, as they said, and Kelly, and myself—I did not see any body else—no paper was sent for while I was there—there was a man backwards and forwards at the door, but he never came in—I sopke to a female outside, but not it the room—I went and asked for her, and she conducted meto a place a tlittle way out of the premises.
Q. That was the day the will was executed? A. As I hope to see my Maker, it was—I was never there on any other occasion inmy life—oh! I called there on the Saturday following, the 20th
COURT. Q. What kind of man John Collins? A. A littleish man; a little dark complexion, rather sallow.
MR. ADOLPHUS. Q. What did you call there for on the Saturday following? A. Feeley called on me, and said ther was a great demur, and I called on Mr. Jennings and he was perfectly satisfied at the time—Kelly said he was going into the country, and if I would go to the Two Brewers, he had something he would sell me; and I went—there was an observation about picture, and things in the room—that was the only time I was ther, excep when the will was executed—it was after I saw Mr. Jennings that I went to the Two Brewers—the prisoner went with me, also Kelly, and Owen Collins.
Q. Ppray, are you at all acquainted with the Court of the Old Bailey? A. Not particularly—I was tried here—I do not know how long ago—I cannot exactly tell—a person had put something into my basket—I really do not know how long it is ago—it was since I was married to the prisoner, and since I parted from him—I was confined for three years; it was for stealing two small glasses, the value of 1s. 6d—they were put into my basket—my senteance was not seven years transportation, mitigated to three years'—I was never in the prison—it is very hard to ask me that—I am extremely sorry you should ask me that—I am not come to tell a story?
Q. Was you not sentenced to Seven Years' transportation? A. You
may say as long as you please; I will not contradiet you—I dare say, I could have the best of characters—the first people in the kingdom come to these misfotunes—I was no theif—fthey sent me to the Penitentiary for four years.
COURT. Q. Describe Collins' person? A. He was a little man, and sallow—I did not look at him much—he looked very sallow, and was not a young man—he leaned on the table to sign the doucement, and then sat down, and begged and prayed of the prisoner to see to his property—he said he had 25l. in his box, and money in the Bank, and wished it to be taken care of—he wanted to make it to Dominick Feeley; but he said no, he would have nothing to do withit; it would be expensive to have an attorney, and the only thing he wished him to do was to make a will—he sat facing the table—I only observed one window to the room.
----BARTON (Police-sergeant, 1 G.) On the 11th of June, the prisoner came to me at the station-house, and made a representation to me about one Collins, of Lamb-court, and I acompained him to Lamb-court, and after that to the doctor, who was said to have attended him.
JAMES WELDOM re-examined John Collins was in my service eight years—he was not much different from the prisoner in size and person—he had a fiush in his cheek, but was rather sallow and bald his head.
GUILTY .— Death Aged 53.
LONDON AND MIDDLESEX LARCENIES, &c.
OLD COURT. Monday, August 17th, 1835.
Fisrt Jury, before Mr. Recorder.
MR. CLARSON conducted the Prosecution.
WILLIAM WILLIS . I am an attorney and solicitor, and live in Sloane-street Chelsea. The prisoner was my clerk from 1823 to 1833—he was considerably in my confidence, and was authorised to recieve and pay money on my account—when he recived money, he was to pay it immediatley to me—he was not in parthership with me—he had 70l. when he first came to me, and I increased it to 100l—Charles and William Salmom were clients of mine—I had done some husiness for them respecting an assignment in trust in 1833—they were indebted to me the sum of 24l—I had a case in my office, "Budd against Armisted," in 1833—there was 22l. due to mein that cause, I belive; but being in possession of the papers, I cannot exactly say—a client, of the name of Wood, owed me 10l—the prisoner never accounted to me for any of these sums—at the time he left me I was not aware that these sums had been received—he left me in November, 1833—he was attending a cause, unknown to me, in my name, and he absented himself—I found a defalcation in his accounts early in the following years, and caused him to be apprehended in May, 1834—he was examined before Mr. White, at Queen-square, twice—Mr. White dismissed the charge
I afterwards went before a Grand Jury and preferred this charge—I gave the prisoner notice of my intention of doing so at Queen-square—he was not forthcoming after that—I believe he left Chelsea immediatly I obtained a Bench-warrant—I
recived notices of bail, but no bail was put in—I have examined my books since the prisoner left—the account of Salmon is in the prisoner's handwriting—it sets out an account of 24l. due to me—here are several items entereed, amking 24l. it isan account of bussiness done and money expended—the next item is, "Cash 15l.; and in a circumflex is "Accounted for in Mr. Dudley's account"—and then there is "Taken off bill, deed not registered, 2l., "—that leaves 7.; and he has written, Received, September 7th 1833, 7l"—that debits himself with 15l. and 7l.—in consequence of this mode of accounting for the 24l., I made inquiry of Dudley, my clerk, and also Salmon—the prisoner do not not account for the 22l. in "Budd against Armistead," or the 10l. received of Wood.
Cross-examined by MR. ADLOPHUS. Q. How long have you an attorney? A. Since 1818—the prisoner was my manging clerk not quite ten years—he manged my business in-doors and out—I did part of it—I lived with him on terms of great intimacy and friendship—I have asked him to stop and dine with me, when I was busy, and when I was not—he recived all the paid private bills—he never apid my tradesman when I bad not maoney to pay myself—he never paid his own money for me—I entered into a building speculation, and was short of money—Mr. Chitty, my special pleader, brought an action against me, and I belive he recorded judgment against me; also Mr. Harwood, my conveyancer, and Mr. Tebbs—Mr. Frazier, my clerk in Court, brought actions against me—Mills and wife were clients, and they broguth an action against me.
Q. Did not the prisoner settle every one of those actions with his own money? A. He came to me with hardly a coat on his back—he could not have money—I owed Harmen, a wine-merchant, money—I was guarantee for 150l. to one Seager, through the prisoner, and he broguht an action against me for it—I was sued by Alger, a butcher, throguh the prisoner; it was a just debt—Mrs. Knight had an action against me—the prisoner settled those actions with my money—I settled some of them, myself with my won hand—I settled Knight's—I do not know hpow much it was—it might be 20l
Q. Was ther a transaction between you and him, by virtue of which you held yourself in a promise to pay him 258l? A. There was—I did not promise to pay him 258l—he had a sum of monay left him; at least a will was made, and it was afterwards made in favour of another person, who was my uncle's servant—I had originally 400l.; for hands, out of whcih I paid as much as reduced it to less than 258l.; for she owed me a bill—I promised the prisoner if he conducted himself with propriety while he was in my office, he should no the a loser by the other will being made—that may be two or three years ago—it might be twelve months before he left—I gave him a great deal of that money—I have not had receipts for it—tghe money was bequesathed to my uncle's servant—I do not know that the bequest was not valid—it has been claimed by the executor.
COURT. Q. Who put the money into your hands? A. A woman named White—the prisoner recived the money, as my clerk, and I allowed Mrs. White five per cent. interest on it, and she bequesthed it to the prisoner—I believe I have seen the will—I am not quite certain—my clerk was one of the attesting witnesses—my debt reduced the 400l. to under 200l—I do
not know when the will was made, which left it to the prisoner—it was made by him—I do not know who made the other will—I told the prisoner, if he conducted himself well, I would make it up to him; he should not be a loser.
MR. ADOLPHUS. Q. Did you not say to Mr. Riley, the prisoner's attorney, that you knew you had engaged to pay that money, but the law would not compel you to perform that engagement? A. I have no recollection of it—I cannot swear I did not say so—he had robbed me of more than that—I have paid him and things for him 106l. out of it.
Q. Did he draw his salary regularly? A. He had his salary when he wanted it—an account was kept of it in the general disbursements—I have not the book here—he kept the book up to the 1st of Jaunary, 1833—here is Mr. Dudley's disbursement-book—here is the prisoner's disbursement-book—it is not made up—here it is(reads)—"8l. 13s. 9d., including balance of salary to this day, 8th of October, 1833"—Mr. Dudley paid him his salary up to August last—it was 2l. a week—I think he had 70l. for the first two or three years—then it was increased to 100l., besides giving him a present at Christmas—I have paid money for the prisoner—he never paid money for me, except with my ownmoney—I have paid tailor's bills for him—if he received money from a client, it was his duty to hand it over to me on receiving it, and not pay it away in his disbursements—he left my service in November, 1833, and went to Mr. Riley's; at least I have seen him there—I never sent to desire him to come back to my service; only to make up his accounts—I believed I sent that message by Dudley—I am not certain—I sent it about the 12th or 13th of November, I think; it was immediately after the trail of the came I named, but he did not come—I went to Queen-square about this in May, 1834, a very few days after I made the discovery—I declined having any communication with him, when I found he was deficient in his accounts—I believe he had brought an action against me for defamation of character, before I went to Queen-square—I attended twice at Queen-square in ome week—I believe he was there three times—a day was appointed for me to be there, and I attended—I took him by a warrant the first time—the Magistrate discharged him, on his promise to appear again; and he did appear—he said the 15l. might have been entered by a mistake—I have letter which I received from the prisoner—I did not understand he was discharged on account of that letter and not having an opportunity of explaining hinself—he did not recommend a good many clients—I did business for Mr. Budd through him—I promised him remuneration for what business he brought—I did not promise to allow him an agency—I never said I had made him such a promise—Mr. Budd is dead—I have done business for the window since.
MR. CLARKSON. Q. You sent to the prisoner about the 12th or 13th of November to come and make up his accounts? A. Yes; I was not sure that he was about to leave—he left without notice—he did not come—that induced me to examine my accounts, and after that I went before the Magistrate—the will or money has nothing to do with either of the sums in the indictment.
Prisoner. Q. Did I ever make an entry in the books, of actions settled by me for you, or the cash I paid for that purpose? A. In my memorendum-book which I have left at home, there is—I have the receipts—he never paid any money of his own for me.
1833, I was indebted to Willis 24l.—on the 13th or 16th of August, the prisoner applied to me for 24l. 5s. 10d.—I paid him 9l. 5s.10d., and my brother paid him 15l., in my presence—I cannot exactly say whether it was on the same day—it was on account of Mr. Hughes—these are the receipts, written by the prisoner in my presence—he wrote on the bill "Cash on account 15l., "when I paid it, and drew a balance of 9l. 5s. 10d. (receipts read, dated 16th and 31st of August).
Cross-examined by MR. BODKIN. Q. How long had Willis been your attorney? A. Not before—the introduction, I believe, was through the prisoner; my brother was the cause of it.
JAMES RICHARDSON DUDLEY . I was formerly clerk to Mr. Willis. I left him in August 1833—here is an entry, "Cash accounted for in Mr. Dudley's account, 15l.;" there was no such aum accounted for in my account—I never received that from the prisoner—he never desired to place it to my account, nor mentioned it to me.
Cross-examined. Q. Were you in Mr. Willia's service on the 16th of August? A. I cannot exactly say the day; it was within a day or two before or after that, that I left—I have some accounts here which ware delivered to me by the prisoner—he used to give me tha account of his disbursements—I have not his hand-writing for them—he gave me there on a slip of paper, and I copied them into my book—he gave me them on account, about the 4th or 5th of August—I have that account here—this 15l. is not in it—I left through ill health, suddenly—I did not intend to return—I had announced that to Mr. Willis, and I had talked with the prisoner about my not returning—I was going to take a school—I never heard of this sum of 15l—I never asked him for the particulars of the disbursements applying to that 15l., to my recollection—there is no charge in his accounts for stamps or engrossing a deed, and other things, in the case of Salmon.
COURT. Q. Here is "Instruction to counsel", and various payments charged in the bill; before your master would have a claim against Salmon for 24l. all these disbursements must have been made? A. Certainly; I never heard a complaint that those expenses were not paid.
MR. ADOLPHUS. Q. Was there any complsint that the stamps were not paid for? A. No; the law-station did not come for the engrossing-money while I was there—I never saw a book in which the prisoner takes credit to himself for stamps in these disbursements—he never told me any thing about it.
MR. CLARKSON Q. Do you know that he ever paid a farthing for counsel-fees, stamps, or any thing? A. I never knew it—my disbursements are made up to the 4th or 5th of August, 1833—his disbursenments are made up to 1832, I balieve—there is no account of any disbursments made by him since 1832—the accounts were rendered to me after that—he never accounted to me for the 15l.
Prisoner. Q. Where is the last account of disbursements made by me? A. He gave me an account of his disbursements up to the time I left Mr. Willis—they are in this book—no account was rendered to me of any disbursements made in Salmon's case.
Prisoner. Q. Where is the last item of disbursements I made up in Mr. Willis's office; and are they not not made up for two years, and still remain open? A. This book is my writingm, but it goes up to 1831. from your statement—that is the last account I have of his disbursments.
COURT. Q. Was he in the habit of making disbursements after that?
A. Yes: they are accounted for in his diary, hich contains an account of money received by him, and paid—there is no entry in reference to Salmon's business.
WILLIAMS DEAN . I am a solicitor. I was concerned in the case of Budd against Armisread, and I have seen the prisoner repeatedly during the progress of this business—he gave me one receipt, signed, "W. Willis"—I paid him 10l. on the 20th of April, 1833—I did not take his receipt—on the 29th of the same month, I paid him 12l.
Cross-examined. Q. On whose account did you pay it? A. On behalf of the defendant—the case was then in progress—we had agreed to give a cognovit—the 10l. was paid on account of it, and the 12l. a week afterwards—it was agreed to be 22l. in all—the cognovit was executed at the same moment as I paid him the 10l.
Cross-examined by MR. BODKIN. Q. I believe you have been a good deal acquainted with the prisoner? A. Yes; I was intriduced to Mr. Willis's office by him—he left Mr. Willis about three years ago, to the best of my recollection—I went with Willis to prevail on the prisoner to return—Mr. Willis said that Mr. Millet should not be the loser of the money he was holding of Mrs. White's—it was in consequence of that he returned.
COURT to J. R. DUDLEY. Q. was the prisoner in the habit of marking disbursements between 1831 and 1833? A. He was—they must have considerably exceeded 30l. or 40l.; I should say it was some hundreds—he was intrusted to pay such things as might be requited out of any funds in his possession; fees, or any thing of that kind.
(The prisoner, in a long address to the Court, stated, that he had the exclusive management of the prosecutor's business for eleven years, during which he received and paid various sums; the account of his disbursements were on slips of paper, which were in the prosecutor's office, and be could not get access to them; that he was engaged as "managing agent," and was to have half the profits of the business he procured; and that the prosecutor had promised him 264l., arising from the will of Mrs. White, none of which he had received; and that his brother had discounted various acceptances of the prosecutor's; some of which were dishonoured).
WILLIAM WILLIS re-examined. Q. How came you to allow the disbursements to remain open? A. He would not make them up—I have not here the means of showing that he did not expend a larger sum than he recevied.
The letter referred to was here read, as follows.
"To W. Willis, Esq.—Sir, I harewith inclose two accounts; the first, in relation to Mrs. White's money, due to me, beyond all doubt, from your acknowledgment to poor Budd, who is gone; and my sister, and Mr. John Wood: the other, in relation to the arrears of salary, due to me, resulting from Mr. Budd's business: if there is any matter of elucidation about them, or about any other current or past business, I will attend at any time you may mention. As I shall trust this parcel to be delivered by the servant, I have not deemed it safe to put into it Mr. Steward's lease and other papers. I need not say such papers, &c. shall be forthwith forwarded. You might have had the key of my desk at any hour, without breaking it
open; as to receiving money, God help me! I wish to heaven I could see 10s. in the pound for the amount due to me.—P.E. MILLETT".
NOT GUILTY .
MR. PHILLIPS conducted the Prosecution.
SAMUEL KUSEL . I am in the employ of Frederick Bowman and Son. I am superintendent of the mechanies—my masters are sugar-reginers—the prisoner was in their employ as plumber—in consequence of something my master said, I unrolled some lead, on the 15th of July, and rolled it up again, and marked it with the point of a pricker—the prisoner, and we missed the lead.
THOMAS SHELSWELL . I am an officer. On Thursday mornings, the 16th of July, I was watching the prosecutor's premises, and saw the prisoner come out—I followed him to a passage in Back-church-lane, belonging to Mr. West, the iron-founder—I asked him if his name was Tonkin—he said, "Yes"—I said, "I have been looking for you; I should like to see what you have about you"—he threw looking for you; I should like to see—that did not satisfy me—I found attached to his slings this copper and lead—I said, "I should like to know where you got this frond"—he said, "You know as well as I do"—I took him and the property to the office.
(Edward Benton, a carver, gave the prisoner a good character).
GUILTY . Aged 23. Recommended to mercy by the Jury.— Confined Three Months.
WILLIAM JAMES COCKERILL . I live in the Pultry. On the evening of the 9th of July, I was in King William-street, in compnay with Mr. Van De Wall—I felt some one at my pocket; I turned, and seized the prisoner, who was very near me—he said, "It is not me"—the handkerchief was then on the ground—a gentleman came and gave it to me.
PHILIP VAN DE WALL . I live in Chapel-street. Finshury-square. I was walking with the prosecutor—he suddenly withdrew his arm from me—I heard the word "Stop him "—I turned and saw the prisoner—I seized him by one of his handsm, and in the other hand I saw the handkerchief—it was a white handkerchief, with black marks—I believe it was the same that was picked up afterwards.
Prisoner I asked what he had got hold of me for—he said, "For taking a gentleman's handkerchief"—I said it was false—they stood there with me, and this gentleman came and brought the handkerchief.
on the ground—I picked it up—the prisone was near enough to him to take it—I did not see who took it.
Prisoner. That gentleman said he could not swear who took the pocket handkerchief.
GUILTY . Aged 21.— Transported for Seven Years.
The prosecutor's name being Wilderness, the prisoner was
OLD COURT. Tuesday, August 18th, 1835.
Second Jury, before Mr. Recorder.
1699. MARK STROUD was indicted for stealing, on the 8th of July, 24 song books, value 1s.; 1 1/4 lbs. weight of sewing cotton, value 3s. 8d.; 12 stay laces, value 1s.; and 1 yard of canvas, value 4d.; the goods of Partick Neal.
PATRICK NEAL . I live at Barnet. On Wednesday, the 8th of Jury, I went there in a London coach, and stopped at Howards beer-shop—the prisoner followed me in, and begged for a draft of cold water; being in a seaman's dress, I ordered him a pint of beer, and gave him 1 1/2d. to get shaved, and gave him his breakfast—I came away him to the Hoppole—he carried my bag to the house—I had three pints of beer there, and went to sleep—when I awoke I missed the prisoner—I opened my bag, and a parcel was taken out, containing cotton and song books, which I sell about.
ANN PEACH . My father keeps the Hop-pole, at Barnet. The prosecutor and prisoner came to the house—the prosecutor fell asleep, and I saw the prisoner take a parcel out of the bag, and go away—my mother awoke the prosecutor.
(Property produced and swora to.)
Prisoner's Defence I asked him to give me the remainder of kisvictuals—he said I might have it, and I took this by mistake for it.
GUILTY . Aged 29.— Confined Three Months.
HENRY THOMAS . On the 26th of July, about eleven o'clock in the morning, I was in Bishopsgate-street, near the Catherine Wheel—I felt a tug at my pocket, and missed my handkerchief—the prisone was crossing the road, about six feet from me—I took him just on the other side—I crossed over, with my friend, and collared him—I asked him for my handkerchief—he said he had not got it—I said I was sure he had—a lady came by, and said a policeman was at the corner of Union-street—my friend went to look for him, and the prisoner drew back, as if to strike me—he wrenched himself from my grap, and ran off to the corner of a court—I followed him down several courts, till I came up with him in
Board-street Building—a policeman came and took him—the handkerchief was found under his arm at the station-house—this is it.
Prisoner I picked it up, and asked the gentleman if there was a mark on it—he said not, and then said there was.
Prisoner. Q. Did not I give it you out of my breast? A. No; I took it myself.
GUILTY .† Aged 17.— Confined Six Months and Whipped.
THOMAS PLUM . I am a principal servant, employed at Nos. 1 and 2 ware-house in the West India Docks. On the 15th of July, I missed a quantity of coffee, from a bag on the ground-floor of No. 1 warehouse—I reported it to Foy, and on the 17th, I missed about 5 3/4 lbs. weight—the prisoner was not employed in that department, but about the Docks.
Cross-examined by MR. PHILLIPS. Q. Had be been any lenght of there in the employ of the Company? A. Not constantly—I have known him employed there three or four years.
JOHN FOY . I am a principle officer of the police employed at the West India Docks. The prisoner was not employed there on the 17th of July—I employed William Thomas to watch the coffee—I afterwards received from Fairbairn, 5 3/4 lbs. weight of raw coffee—I asked the prisoner how he became possessed of it—he said it had been given to him by a wagoner, that morning, in the Commercial-road—this conversation was within the premised of the Dock—I asked him if the wagoner was going to Londonor coming from it—he said he was going to town; that he was a perfect stranger, but he thought he should know him if he saw him.
Cross-examined. Q. How long have you known the prisoner? A. Four or five years; probably longer.
WILLIAM THOMAS . I am a watchman in the Docks. On the 17th of July I was placed in No. 1 warehouse, to watch the coffee, and in the morning saw the prisoner enter the warehouse, about half-past ten o'clock, and go to where the coffee was concealed, and take it from behind the bag; he pulled up his stocking and tied the coffce in it—he heard me coming out from where I was, and tried to escape, but I seized him, and fould it on him.
GUILTY . Aged 49.— Confined Six Months.
CHARLES FELL . I live at Hatton, in East Bedford, and am a coal-dealer. On the 4th of July, I put an old stocking, with a quantity of silver, between the rafters of my ceiling, over a nine-inch wall, in the tiling of my dwelling-house—the prisoner was employed in cutting grass—on the
8th of July, when I was in bed and asleep, he came and hallooed out, "Master Fell, we have cut your grass"—I had paid a man at nine o'clock that night, for cutting it—I went to sleep again—next morning, a man named Coombs gave me information at Hounslow, and I went to the Cricketer's public-house and saw the prisoner there—he had my stocking in his hand, and part of the money in it—I gave it to Parnham till I fetched a constable, who took the bage from Parhnam—there was 26l. in it when I put them in—eighteen crown-pieces were found loose, on the prisoner, and seventy-nine in the stocking.
Cross-examined by MR. PHILLIPS. Q. Was it not the tiles of your stable that you put the bag? A. No: I shoved it under the wall into the loft—a person could get to the loft by going into the stable, but cound not see it without going to search for it—it was not hanging down when I put it in—when he came and said he had done mowing, I called out to him that I had settled for it with the man I employed—he was very much in liquor.
ROBERT PARNHAM . I live at Hounslow. As I was passing the Cricketer's on the 9th of July, I saw the prisoner at the door, he had one hand full of loose crown-pieces, and in the other hand a stocking, containing a quantity of crown-pieces—he was lying fast asleep on the foot-path, in a state of intoxication—I sent for a constable—the prosecutor came up and gave him in charge—there were 102 crown-pieces in all found, and half-a-crown, and some loose silver; some in his pockets, and some in his hand.
Cross-examined. Q. It was impossible for any body to go by without seening the stocking in his hand? A. Quite—he was so intoxicated, he did not know where he was, nor what he was saying.
WILLIAM LYNE STACEY . I am a constable. I found the prisoner at the Cricketer's in the privy—I got the stocking from Parnham—I found in his pocket eighteen crown-pieces and 1s., and in a bag, which the prosecutor had taken from him, seventy-nine crown-piece, and one counterfeit half-crown.
CHARLES FELL re-examined This bag does not belong to me—this is part of my stocking—I know it by the colour—it is pepper and salt—here is the string I tied it with—it is rather darker than it was—the crown-pieces were tied up in it—I had put it there on the 4th of July, and on the 5th looked at it and counted it—I did not see it afterwards till I found it in the prisoner's hand.
(Thomas Ballard, carpenter, pf Park-place, Walworth, gave the prisoner a good character.)
GUILTY. Aged 37. Recommended to mercy. — Confined Three Months.
GEORGE POWELES . I am a seamen on board the bring Eleanor, which laid in the London Docks. On the 8th of August, the prisoner came to me on the quay, and asked if we wanted a cook—I said, "No"—he came on board—I missed him, and, in consequence of information, went to look for my jacket—I missed it gave him in charge.
Prisoner He gave it to met to and sell. Witness. I did not—when I stopped him he said it was not mine—he afterwards took it off, gave it to me, and said he was sorrv for it.
GEORGE DIX , I am a constable of the Thomas police—the prosecutor hrought the prisoner to me at the station-house with the jacket—he expressed his sorrow for it, and said distress had driven him to it.
Prisoner. I said I was very sorry the boy had given me the jacket to sell. Witness. He did not say so.
(Property produced and sworn to)
GUILTY. Aged 25.— Judgment Respited.
EDWARD MICHAEL SHEPPARD . I keep the Mulberry Tree public-house, at Stepney. On the afternoon of the 8th of July, the prisoner was in my parlour—I saw him come out, and missed nine ivory bagatelle balls—I pursued him up gordon-street, across Stepney fields—he was running—a policeman stopped him, and I saw him throw the balls, over a railing—the policeman got them.
BENJAMEN WILLOMATT . I live in the Whitechapel-road. I was at Sheppard'd house—I lost my hat from the parlour, and found and old one in its place—this is my hat, which was found on the prisoner—I had left an inventory in it, and found that in the hat which was left behind—my hat was nearly new.
The prionser pleaded intoxication.
GUILTY .—Aged 26.— Confined Three Months.
FREDERICH AUGUSTUS JONES . I live in London-wall, and am a curled hair manufacture and feather merchant—the prisoners were in my employ—Smith as warehouseman, and Holditch as manufacturer of hair—I left town on the 24th of may, and remained absent until Thursday, the 28th—neither of them, on my return, said they had sold any hair on my account.
JOHN HENRY WOODHATCH . I am in the employ of Mr. Ferris, of Great Portland-street, St. James. The prisoner, Holditch, came there on the 26th or 27th of May, and brought a sample of hair, and I agreed, on behalf of Mr. Feris, to purchase 344 lbs. weight—he sold it for himself at 9d. per pound, which was the marker price—I had dealt with him for eight years on his own account—I knew he worked at Jones's but he was still doing business for himself, as I understood—he had been living with Jones about four years, and I was still dealing with him—he did business for himself as well—the hourse-hair came to Mr. Ferris on the 29th and I paid 12l.18s. for it; 2l. 18s. at the time, and 10l. on the following Saturday.
Cross-examined by MR. DOANE. Q. You knew he worked as a pieceman with the prosecutor? A. Yes; and on his own account—I have sent
him hair to manufacture for me—there was no secret about this—at the time he was apprehended he had a bag of my employer's hair to manufacture.
MICHAEL WILLIAM CONEY . I was employed by Richard Holditch to manufacture horse hair on Mr. Jones's premises, while Jones was out of town—he directed me to take this hair to Woodhatch while I did—he told me to take it to Mr. Ferris—I saw nobody but jim at that time, but Smith came down afterwards out of the warehouse—the hair was brought out of the warehouse and delivered to me—it was lowered down by the crane into the street—I did not see who by, but just as it was put on the truck, both the prisoners came down stairs—Smith said nothing particular—he might have spoken about typing stairs—Stairs said nothing particular—he might the ropes—I am sure of that—t was packed up in bags, as usual.
Cross-examined. Q. Did Smith do any more than he would with goods going out in the ordinary way? A. No; he assisted me to tie it up—I did not know that Holditch dealt with Mr. Ferris—I had been employed on the premises, and taken out goods before it was about two o'clock in the afternoon—I had nothing but a direction to the place where I was to take it.
GEORGE CORDEROY . I live in Old-street-road. The prisoner Smith came to me on a Sunday in July, about ten days before I was examined, which was on the 4th of August, and said his father wanted to see me down at Brewer's-quay-his father is Holditch—he is his father-in-law; and when I went down, Holditch was drinking a pot of porter—he asked me to make out a bill and to date it on the 28th of May, which I did—(looking at a bill) this is my writing.
Cross-examined. Q. You made it out under Holditch's directions? A. Yes—Smith merely said that Holditch wanted to see me.
COURT. Q. Was Smith there when you made the bill out? A. Yes; and heard what Holditch said.
J. W. WOODHATCH re-examined. This bill of parcels was never brought to me, but Holditch produced it before the Magistrate from his pocket—I discovered this on the Friday previous to their apprehension which was on Monday the 4th of August—I had returned to town on Thursday, the 28th of May, and the prisoners never mentioned any thing to me about it—I have the book but there is no entry of the transaction in my book.
Cross-examined by MR. PHILLIPS. Q. If the prisoner had the least notion of stealing it, was there any thing to prevent one of them taking it without calling in the boy, who could give information? A. No; I would have trusted Holditch with untold gold—the hair has not been found—I have not the means of knowing what quantity of hair was taken—I should not have missed this—a bag of hair had been sent by Mr. Ferris to Holditch to manufacture—he unquestionably had hair to manufacture on his own account—I occasionally sold him hair—the last he hjad was in October last—I gave him credit for it.
(The prisoner Smith reeived a good character.)
HOLDITCH— GUILTY . Aged 30.
SMITH— GUILTY . Aged 18.
Recommended to mercy.— Confined Three Months.
MR. CLARKSON conducted the Prosecution.
the 11th of April, I was at the Union Coffee-house in Bow-street—I got there between eleven and twelve o'clock at night—I went up stairs into the coffee-room, or supper-room or wine-room—I had a pint of wine—I might stop an hour and a half—while I was drinking my first pint of wine, two young women came in—one I had never seen before; the other I had a kind of passing acquaintance with—she asked me for a glass of wine, which I gave her—she then said, "Will you give my companion or friend a glass?"—I said there was not enough left and I called for another pint—I laid doen a sovereign to a man who I supposed to be master of the ceemonies in the house, from his large pockets—I gave him the sovereign—he was called Ralph Phillips—I waited nearly an hour and a half in the room and he did not bring the change—at last he came back, and said there was no change in the house—I said, "You have brought no change back to me"—I never got the change—I went down to the bar and the two young women accompanied me—I remonstrated with the landlord of the two young as I supposed—I cannot be positive whether the prisoner was present.
Q. Did you take any thing to drink at the bar in consequence of what the landlord said to you? A. Yes; I took some of his nasty drug—I went down there much soberer than I am now—I had taken nothing but the sovereign from my pocket, before I went to the bar—I afterwards produced a £5 note and two sovereigns—they would not let me out because I would not pay for the former pint of wine as the vagabond waiter had run away with the sovereign—I told the landlord what had passed about the soverign and produced from my job a £5 note and two sovereigns—I then drank a glass of negus and in that was laudanum or some kind of drug—I know the corner the vagabond produced it from—I wanted to pay and all that and he could drive me to Richmond—he said, "Mr. Brown, I will not deceive you I am not going to sacrifice the honour of my house," and all that, and he gave me a glass of negus, and that completely stupified me—I had a five-pound note when I went into the house; I have my memorandum-book to show it—it was, "No.13078, dated the 23rd of February"—I do not know how I got home—the glass of negus the fellow mixed up, made me stupid I was in a state of stupor all the next day and had a medical man to attend me—I went to the Bank of England, and stopped the note on the Monday—I went to the Union again about a forthnight afterwards, and did not remark the prisoner there—I had nothing to do with him—the note, through inattention or some bungling business of the Bank clerks, was not paid in for two or three months.
Cross-examined by Mr. ADOLPHUS. Q. Did you ever call yourself Browning? A. No; I never did, nor ever signed my name so—I lived at Augusta cottages at the time of this transaction—I did not call them Victoria cottages—I called them Victoria cottages before the Justice, and my parcels and letters are directed there—I went to this house between eleven and twelve o'clock—I staid about an hour and a half or more before I went down to the bar—after drinking the glass of negus with the fellow, I call nothing but the vagabond, I got put into a cab in Bow-street, and there I slept soundly; but before I took the negus I was soberer than I am now—Ralph Phillips put me into the cab—the monent I took the negus I fell into a stupor—it was before I drank the negus that I pulled out the 5l. note and two sovereigns—I am sure I have always said that—I have charged other people with robbing me, two or three not more—I changed a person not long ao with robbing me of a 5l. note—I did not give up the
charge—I have got the number of the notes—I got home about eight o'clock on Sunday morning—I was wrangling with that man down in his bar till four o'clock in the morning—after I drank the negus I know nothing what occurred.
Q. Do you know the Round-table, in Duke's-court, Bow-street? A. No; I was never there—I do not know the house—I do not know which way to go to Duke's-court—I do not know a publican of the name of Smith in that neighbourhood—Stanley and Gardner are the names of the young women I gave the wine to that night—I never charged either of them with robbing me—I once missed a cheque out of my fob, and said I suspected, but I found it again—I did not charge either of them with robbing me of that cheque; because I do not like to charge any body with any kind of criminal offence unless I have proof positive—the name of Brown was not on the note when I had it.
MR. CLARKSON. Q. Have you got the note back from the Bank since that time? A. No; I never wrote the name of Brown on the note.
SARAH GRADNER . I have been an undortunate girl, but am not so now—on Saturday, the 11th of April, I went to the Union coffee-house, Bow-strect—I knew nothing of the prosecutor—that was the first time I saw him—I was in company with Martha Stanley—I partook of some wine with the prosecutor—it was about one o'clock in the morning—the first pint of wine was paid for in silver—he called for a second, and gave a sovereign for it—I should know the person to whom he gave it; it was a person who acted as waiter there—he did not get his change in my presence; he called for it, and the waiter came, but he did not get his change; there was wrangling and quarrelling about it—I went down to the bar with Mr. Brown and my companion—I saw two or three persons there—the prisoner was one of them, but he is not the person who had the sovereign—he was in the bar below when we went down—I should not have thought that Brown had been drinking any thing when he went down to the bar—he appeared sober—he complained of the loss of his change—it was said that they could not give him change, and the sovereign had been returned to him, but I am sure it had not—he said he was determined not to go till he had got it—the person I was with and myself went to have some refreshment in the adjoining room—before I went there Brown produced something, which I believe to be a bank-note and two sovereigns—he produced it on account of the dispute, as they thought he had had the sovereign—the landlord disputed that the waiter had not returned the sovereign, or that Mr. Brown had given the sovereign—he said he had settled a bill, and changed a 10l. note, and had three sovereigns, and a £5 note when he came in, and produced his money, to show what he had then—I did not see him take any drink at the bar up to that time—he was afterwards coming out, and he was refused to be allowed to go out—I cannot say by whom—the prisoner was there at the time, and the waiter to whom he had given the sovereign—I heard him called Ralph—after the prosecutor produced the note and sovereigns, he put them back into some private pocket—I should say it was his fob—he had no drink at the bar at that time, to my knowledge—they would not let him go without paying for the pint of wine for which he had given the sovereign; they detained him—I do not know how, for I did not look—I went out—they were wrangling in the bar for not less than two or three hours I should think—it was during the time we were taking the refreshment—I left the house at day-break—Brown was there then—he was stopped at the door.
Cross-examined by MR. PHILLIPS. Q. Who stopped him? A. I cannot
say—I saw the waiter there to whom he gave the sovereign—the prisoner was present—I cannot tell whether he stopped him—I saw Ralph pass him—I cannot tell who stopped him—Ralph stopped him for the money, and there was another porter—I do not know whetehr the prisoner laid hands on him or not—he stood close by when Ralph stopped him—I could not see his hands on him—we had two pints of sherry with Brown—I had two glasses—I left the house about four or half-past four o'clcok—I left Brown behind—I did not see him at all intoxicated—I have seen him to-day, and said, "Goor morning"—I know nothing about him—I have not been sufficiently long in his company to form an opinion whether he is drunk now—I do not see any great difference in his manner to-day, from what is was that night—I should say he is sober to day—I cannot say whether he is drunk, as he is a stranger—I was standing at the bar nearly three hours that night—I have known Stanley three years—I cannot say whether she is a woman of the town.
COURT. Q. Did she get her living in that way? A. At the time I first knew her, she was living with her mother—at the time she went to the Union, probably she might be an unfortunate girl—I had been to the theatre that night, and went to the public-house afterwards.
MR. CLARKSON. Q. They did not object to your being there? A. No: the prisoner said it was quite likely that we had the money, and they refused a policeman to come in and search us—that was while we stood at the bar.
MARTHA STANLEY . On Saturday night, the 11th of April, I was at the Union coffee-house. I was in the habit of seeing gentlemen at that time—I found the prosecutor there—I went there with Gardner—we partook of some wine with the prosecutor—I was there when he had the first portion of wine, and saw him pay for it with silver—he called for more—I was not present when he paid for that—I had left the table for a few minutes—I partook of some of it, and then he asked for his change—the waiter said he would bring it directly—he did not bring it—he did not return any sovereign—Brown went down stairs, and asked for it—Gardner I went with him—I have know Brown three months, and more, perhaps, before this transaction—when we got to the bar, I saw a female inside, and a gentleman and the prisoner—I do not know whether he was acting as waiter, but he was in the habit of waiting—Brown did not get his change—they disputed about his having the sovereign—Ralph was there—and the prisoner was out and in, backwards and forwards, from the passage to the bar—Brown wanted his change, and we thought proper not to leave him till his change was returned—the landlord said, "You had better feel in your pockets, Mr. Brown, and see if it is not in your pocket"—the prisoner was within hearing at that time—he pulled out of his pocket a brass farthing, and the landlord said, "Probably that is what you have taken to be a sovereign"—Brown said, "No, I have change a note to-day, and will show you where I put the sovereign"—he pulled out a bank-note, and there were two sovereigns in it—he showed it to the landlord, and the persons in the bar—the prisoner was out and in during that time—I suppose this wrangling continued about an hour—we were going away—they detained Mr. Brown, to pay for the wine—I did not see what he did with the note and sovereigns after pulling them out—I do not know whether he put them back or not—they detained him for the money for the wine—they stopped him—he was going out—they spoke to him, and
asked him for the money for the wine—he returned back and said he would not pay a second time, and then we left him there.
JURY. Q. Did they close the door on him? A. They shut the door till such time as he paid for the wine—I saw them shut the door—I went out—I was not in Brown's company, but in another gentleman's company, at the time—we were inside the door—when they detained Mr. Brown, I came away—nothing was done to the door when I went out, that I know of—I cannot say whether the prisoner was present when they demanded the money for the wine, as Brown was going out.
Cross-examined by MR. BODKIN. I suppose, at that time of night, the door is always kept shut? A. Yes; they generally open the doors for parties to go out—they would not open it for him—they opened it for me, and my companion—I had not been to the theatre with Miss Gardner that night—I saw her first that night in portland-place, Regent's-park—I went to the Union, as I am in the habit of going there—Gardner never went there before with me—I never saw her there before—she knew the way I got my living—she was walking in the street when I met ber—it was about one o'clock, I suppose—it might be about one o'clock when I got to the Union—I cannot call to mind exactly—we walked from portland-place to the Union—it might be earlier than one that I met her—I should say, we left the house about four—shortly after I joined the prosecuter, I left the table for a few minutes—I did not leave the room, till I went down with him—I went to another part of the room—Gardnor, I and the prosecutor, went down together—I did not lose sight of Brown, from the time he was in the room, till he was disputing with the people in the bar about the sovereign—the waiter did not, at first, deny having received the sovereign, but afterwards said he had returned it to him—Brown charged me with having robbed him about two months before—I had been in his company at my lodging—he visited another female in the house—he was in the habit of calling there—while I was there, he charged me with stealing two 5l. cheques from him—I believe they were afterwards found—I did not learn from him that he afterwards found them—my landlord went and asked him an explanation of the charge—he went to his own house—no charge was pursued against me about the cheques—I think he was rather tipsy at the time—I have not frequently seen him in that tipsy state—but now and then—I have sopken to him to-day, and he to me—I consider him sober—he was as sober that night as he is now—he might have had a glass or two to drink—he might be a little more tipsy at the Union than he is now—I do not think he is tipsy now.
MR. CLARKSON. Q. Have you any doubt he is sober now? A. I think he is—the two 5l. cheques were not found on me—I never had them—he found them afterwards, I believe—he never made any charge against me before a Magistrate—he apologised afterwards for saying so.
THOMAS BROWN re-examined by MR. PHILLIPS. Q. You remember telling Mr. Adolphus you were soberer that night than you are now? A. Yes, that is true—I am perfectly sober now—I can take a pint or two pints of wine; but if I take a small quantity of brandy-and-water, or spirits, it intoxicates me directly—I have had one glass of brandy-and-water before I came into Court, and nothing else—wto pints of wine would not affect me so much as brandy-and-water—I drank the brandy-and-water to-day at my own house, about nine o'clock, and have attended the Court ever since—I have not been into any public-house—I am sober now—I have charged
persons with robbing me—I did not accuse that young woman of robbing me—I never charged her with stealing two 5l. cheques—I found them next day—I did not charge her, I suspected her—I do not remember her sending her landlord for an explanation.
Q. Will you persist in swearing you never went by the name of Browning? A. Yes; a man may----
Q. A man may what? give us the explanation. A. I will not give you the explanation—you have got half over the milestone, but you will not get quite over it—I am as sober as ever I was in my life—I never went by the name of Browning—I never signed my name "Browning"—(looking at a book) I see this name—it is not my handwriting—I swear that—I never lived in St. John's-wood—I lived at Victoris Cottages—I do not know a man named Vickery—I was taken to the station-house once on a charge of being drunk—I did not sign my name "Thomas Browninng" on that occasion.
Q. On the 21st of December, 1834, at the station-house, in Covent-garden, did you sign that book? A. I have not the least recollection of it—I do not know my own handwritng—I know Howard and webb, who bailed me at some station-house about Covent garden—I did not sign my name "Thomas Browning"—I tell you flatly, I did not write that—I never passed by that name—I once charged my servant with robbing me—I charged a man at the Mansion House with robbing me of a watch—I never charged any particular man—I did not charge a constable named Fadge with robbing me—I was not continually in a state of drunkenness—when I charged the man with stealing my watch, I was taken to the Mansion House for being drunk and disorderly in the street—(looking at Fadge) I know that man—I do not know his name to be Fadge—I did not accuse him of stealing my watch—I did not say at the Mansion House that he had stolen it—I suspected him, and suspect him still—I have got him hard and fast.
Q. What, that constable? A. Yes, as far as suspicion goes, but not for stealing my watch, but I have somebody—I did not say I had him hard and fast, but I suppose I have somebody for stealing the watch—I cannot say who it is—I suspect this one-eyed fellow here (Fadge)—I was kept at the Mansion House all night, and was bailed out, and I paid 5s.
Q. Did you ever say to any body that you might have changed this £5 note, but you thought it safest to say it was stolen? A. No; I never did—I did not say so to my housekeeper—if you had come to me I would have comprimised it—Miese vagabonds have been beating me about; Noel, the artorney, and others.
WILLIAM BALLARD . I am a police-officer of Bow-street. I produce a 5l. bank-note—I have known the Union about six months—I believe a Mr. Lewis keeps it, but there is a person named Harris there—the number of the note is 13, 078, dated 23rd of February—I got it from a clerk in our office—I took the prisoner into custody on Tuesday evening, 21st of July, at the door of our office—I saw him standing rather in the door of the Union—I was not certain whether he was Lewis—I sent a person to call him over to the office door, and there took him into custody—I put some questions to him—I neither threatened nor made him any promise—at the door of the office, I said I wanted to speak to him respecting a 5l. note, said to be stolen over the way at the Union—he said he knew nothing of it—I said the person's name was Brown—he said he knew nothing of it—I said, "It is said that you do, and that you
paid the note into the Savings' Bank"—he said no be knew nothing about it—I said, "Well, come into the office"—and then I said, "Now, am I to understand that you have paid no money at all into the Savings' Bank?"—he said, not on his own account, butthathehad paid some in on his brother Samuel's account, as a trustee for him—I said, "I do not mean on your brother's account, I mean on your own"—he said, "Not for the last tweleve months"—I said, "Are you quite sure of that?"—he considered for a moment, and then said he was quite sure it was nine months since he had paid any money in—I asked where he lodged—he said, "Over at the Union" I said, "What part of the house?"—he said, "The second floor"—I said, "Where is the key of your box?"—he put his hand into his picket, and gave me a key—I went over to the Union, into the back room, second floor, and unlocked a box with the key, and found a depositor's book, in the name of Lewis Philips, and an entry of April 13th, 8l. 6s. paid in—ther are two other Savings' Bank books, and one belonging to his brother Samuel, besides his own—there are three of his own, and one of Samuel's—he was afterwards locked up.
Cross-examined by MR. BODKIN. Q. You found he had more than one account of his own in the Savings Bank? A. He had; he did not tell me I should find the depositor's books in the box when he gave me the key—I did not make a memorandum of what conversation passed—he knew, of course, what I should find.
HENRY SHOOBERT . On the 11th of April I was driver of a cab, I was called to the Union coffee-house on Sunday morning—the prosecutor got into my cab himself—two young men came to him, and just touched his arm, and helped him into the cab—I cannot recollect whether the prisoner was one—I took him to Victoria Cottages, regent's-park—the party who called me, told me to take him there—I took him up at the corner of a court—I received payment from the housekeeper at his place—I was called from Russell-street, to take him up in Bow-street—I took no money from him.
Cross-examined by MR. BODKIN. Q. In what part of Bow-street did you take him up? A. At the corner of a court, nearly opposite Covernt-garden theatre; considerably higher than the police-office; at a distance from the Union—when I got to Victoria Cottages I got down; I just lant my arm, and he got down, and pulled out a bunch of keys; he opened the garden door and went in, and opened an inner door—he walked along by himself—he did not appear in a state of stupefaction—he was very sleepy in the cab—when he got home he ordered me down into the kitchen—he had no money; and the housekeeper paid me—I told her to take my number, and she would know if it was wrong—I took him up about half-past eight or twenty minutes to nine o'clock in the morning; I am certain of that—I was just coming from the yard—I generally leave the yard at about eight or nine o'clock—this was my first fare—the prosecutor afterwards called on my master, who sent me down to him at St. Katherine's Docks—I said to him, "I beg your pardon, I am the driver of 874; I understand you have been robbed, and wish to see me"—he said he was; and told me to wait—then he wished me to call again—he did not say how he was robbed of the note—he said nothing on the subject of the £5 note.
MR. CLARKSON. Q. Do you know the prisoner's attorney (that gentleman;) have you seen him? A. Yes; he came to the shop where I work, last Saturday morning, with the prisoner's father—I have seen him twice before, as far as I can guess—I first saw him about a fortnight
before he last came—he told me he wished me to state the truth, and asked where I took the party up—I told him a very few words, and left him—I do not know that I should know either of the persons who helped him into the cab; one of them wore a long rough coat, with pockets at the side.
RICHARD JONES . I am one of the managers of St. Clement Danes Saving's Bank. This is one of the depositor's books; these other three are also books of our Savings' Banks—I made an entry in the fist book—I took first the entry of the person who was about to make the deposit; the book was then passed to another, who was to receive the money—Mr. Bolton received the money—I acknowledge in this book to having received £8 6s. on the 13th of April—it was paid between seven and nine o'clock in the evening.
THOMAS BOULTON . I am one of the managers of the Savings' Bank; I live in the Strand. On the 13th of April I was in attendance—I received 8l. 6s., on the 15th of April, from Lewis Phillips—the note, No. 13, 078, produced, formed part of the amount paid—I have written on the note the number of the depositor's book, No. 2553—I cannot tell whether the prisoner was the person who paid it.
Cross-examined by MR. BODKIN. Q. How long have you known the prisoner? A. Many years, by sight—he is a boot-marker by trade—he has been known some time as a depositor at the bank—I pay the notes which I receive to the treasurer, and he pays them into the Bank of England.
Cross-examined by MR. PHILLIPS. Q. Have you ever been trepanned in the hear? A. No—I have not had a silver plate put into my head—I never said so to any body—I suspected Mrs. Hurst or robbing me—I have got a whole list of things—she was a big thief—I say so—I will not mince the matter—I have lost the things since she has been in the house—she had been my housekeeper three months—she gave me warning to leave, and she did leave—I turned her out—she gave me warning, but I turned her out for all that.
(The prisoner put in a long written defence, the particulars of which will appear by the following evidence.)
ELIZABETH HURST . My husband is in the 2nd Life-guards. I lived in the prosecutor's service for fifteen weeks—I gave him notice to quit on the 28th of June, and stopped a few days over, to oblige him—it is a fortnight to-day since I left—it was on a Tuesday—I have known him accuse people of robbing him often—while I was in his employ he made an accusation against myself—he did not pursue any charge against me—he trated me with wine and spirits afterwards—he told me that a silver plate had been put into his skull, and the least drink affected him—he told me that he did not know what he did with the note in question, but he might have changed it, and spent the change; but thought is best to stop it as stolen—his habits were quite the contrary to a sober man's—I was not living with him when the cabman brought him home—I went into his service afterwards—he told me he had charged two females with robbing him of 60l—he said he had been a loser of 60l. and those two 5l. notes—he
did not say whether he lost them, or was robbed of them—from what I saw of him, I should not consider it nsafe to rely on any representatins he would make, if I speak as my conscience would allow me.
COURT. Q. Do you mean, because he gats drunk you would not believe him on his oath? A. Yes; he is a gentleman who speaks his mind in a manner not to be believed—in the morning he will say what it not right, and at night he says he is sorry for it.
MR. CLARKSON. Q. Pray, do you know the prisoner's father? A. I do not—I know Ballard, the officer, by seeing him at the house—I never pointed the prisoner's fatehr out to Ballard at the office—I told Ballard a gentleman had come, to me but not the prisoner's father—my master's character was not mentioned—it was said money was no object, if I had no objection to come on the trial—I passed that gentleman at the magistrate's office, but not to speak to him—I did not point him out to Ballard—I did not say he had said money was no object, and I should have 3l. if I could say any thing against my master.
COURT. Q. Did you mention 3l? A. Not at the office, not any where—I never, to my knowledge, mentioned 3l. being offered to me not to give evidence—the gentleman did not say I should have 3l.—I never said he had.
MR. CLARKSON. Q. Did you not tell Ballard that you had been called on by a gentleman, who said money was no object? A. I told Mr. Ballard I was called upon, and that the gentleman said I should be paid for my time—I never named that money was no object, nor any sum of money—I have seen two gentlemen who re in Court.
MR. PHILLIPS. Q. You gave the defendant's attorney evidence what you could swear? A. Yes; Mr. Brown accused me of being a thief seven weeks before I left his service—I stated it to my husband, and he went and gave him notice—I stopped seven weeks, as he had no servant—he asked me repeatedly after that to drink wine and brandy with him, at his own kitchen table—he frequently drank with me.
JOHN SOLOMON HARRIS . I was concerned in the management of the Union, in Bow-street, on the 11th of April—I remember a question arising that day about a sovereign having been given to the waiter—Mr. Brown was there—I am the leaseholder of the house, and let out the tavern part—I know the prisoner—he was very unwell on the 11th of April—he commonly does business in the house—he did not appear in the house that night—he was very unwell and in bed, I believe—he was not at the bar at any time that night—Mr. Brown came to complain about the sovereign just after the house was close, a little after one o'clock in the morning—he made a complaint about a waiter having received a sovereign from him and detained it—he and one of Mr. Carler's waiters came down, and they were talking about the sovereign—he addressed himself to me, and said, "Sir, I gave your waiter a sovereign, and he has not given me change"—I turned to the waiter and said, "What is this, Ralph? have you not given the gentleman his changed?"—he said, "I have not received any sovereign from the gentleman—the gentleman has had two pints of wine and has only paid for one, and there are several gentlemen up-stairs, sitting at the same table, who can tell you the same"—I then turned to Mr. Brown, and said, "I never heard any gentleman accuse the waiter of detaining a sovereign before, Sir, and will not believe it"—I said "Ralph, do you know any of tne gentlemen up-stairs?"—he said, "Yes; I do"—I said, "Ask one of them to come down—Mr. Beacon came down—I believe he is a law statiner—he came down—I asked him, in Brown's hearing, if he saw Mr. Brown give
the waiter a sovereign—he said no, certainly not, that Brown gave him 3s., not a sovereign—Beacon then had some conversation with Brown, telling him he was positive, on his word and honour as a gentleman, he did not give him a sovereign, and it was a pity he should say so when he knew he did not—Mr. Brown then seemed satisfied—after talking some time, tow females came down from up-stairs—Beacon and Brown were then standing talking together—the two females then came down and said, "Come, Brown, are you going home?"—one of them caught hold of his arm, pulling him—he said, "No, I am not going just yet"—an one girl said, "Come, let us go; I will tell Miss Mason of you"—Brown said, "No, I shall not go yet; I shall stop and have some more wine"—and he had some more after they went—the girls had left him—one pulled him one way and the other the other—I said, "Do not pull the gentleman about; if he wishes to stop let him stop, if he wishes to go let him go"—he said, "No, I shall not go; I wish to have more wine"—they then went—the prosecutor then asked my name—"My name," said I, "is Harris"—he said, "Will you take a glass of wine?"—I said, "I have no objection"—he then said, "Let us have a pint"—the other gentleman, Mr. Beacon, who was standing by, said, "And I will have a pint;" and he had it—the barman then said, "You had better walk into the bar, and take a seat, gentleman"—they did go in and take a seat—the barman's name is william. but unfortunately be is gone abroad to Spain—they came into the bar, sat down, and each of them had two pints of wine—each had a pint of wine outside the bar, and another in—they sat talking some time, and Beacon asked what he had to pay—that was all that he had drank—no one had any negus—there was none in the bar—they were talking and smoking cigars, some time—Beacon smoked—I cannot say whether Brown smoked or not—then Beacon asked what he had to pay—the barman told him, and he paid it—the barman said, "Mr. Brown, you have so much to pay"—Brown said, "I have no money"—Beacon then said, "Oh! nonsense; surely you will pay for what you have called for"—Brown put his hand into his pocket, pulled out a paper, all rolled up together, opened it, and in it was a 5l. Bank of England note—nothing else was produced—no sovereigns—not any money whatever—not from Mr. Brown—I had not seen him produce any note, or any thing before, in the course of the eveing—he then asked the barman for change for a 5l. note—the waiter turned to me, and said, "Can you change it, Sir, as I am Short of money?"—I pulled out my purse, and found I had five sovereigns, and put them down—he still had the note in his hand, and he looked at the sovereigns, put four of them into his pocket, and gave me the note—I asked him his name, which was the first time I knew his name was Brown—I first, (I beg pardon,) asked him to write his name on the note; and I think he made use of an expressin, "You be d----d, write it yourself;" and I did write it—he told me his name was Mr. Brown, or Captain Brown; and I wrote it on the note—I did not take his direction—(looking at a note) it is partly torn out; but I can positively swear this B is my writing—I never heard his name before that night—he appeared rather tipsy when I asked him to write it, and told me to write it myself—Beacon saw me write his name—he was present the whole time—after I gave him the change, he gave the barman a sovereign; and Mr. Beacon and Brown went away togeteher—from the beginning to the end, I suppose, this lasted about two hours—he went away about four o'clock, as near as I can say—the barman took his money, and gave him some silver out—I did not see him again for some weeks afterwards—none
of the waiters went with him to get him a cab—Beacon went with him along, an the porter let them out—I put the note in my purse, and thought no more about it—I parted with it on Monday afternoon, about six or seven o'clock, or half-past, to a person I had to pay some money to—oh! I gave it to Lewis—he changed it for me—he gave me 3l. in silver, and two sovereigns—I had to pay money to Goodenough, the corn-chandler—Goodenough gave me a receipt at the time—this is the bill and receipt I paid him—it is 3l. 19s. 6d.—Mr. Woolf, a tailor, who brought the prisoner a coat home, was present at the time I paid Goodenough.
COURT. Q. How was Ralph dressed that night? A. In a brown coat, and light waistcoat, and light trowsers—it was a smooth coat, not rough—there were no pockets to be seen—William had no coat on at all—there was no man with a rough coat, and large pockets.
MR. CLARKSON. Q. What is William's other name? A. I never heard his other name—he is no servant of mine, but Mr. Carter's—I am a dealer in jewellery, at 36, Bow-street—that is the Union Coffee-house—I follow no other occupation—I was officiating in the bar for Mr. Carler, as I had done before, to oblige him, several times, he being out of town, and being my tenant—I do not keep any shop—I sometimes carry a good stock in my pocket—my stock is to be seen at home—Carter is a lodger of mine—he occupies the ground floor, the first floor, and two rooms on the second floor—I occupy one room on the second floor—it is a front room—a very large room—the house is opposite the Bow-street office—there is a court within two or three doors of the Garrick's Head—I should say my house is 200 yards from that court—above eight or ten doors—much longer than the frontage of the theatre—the theatre is about thirty-five yards from the office—I am not a free Vintner, Mr. Carter is—Carter had been out of town six or seven days, on the 11th of April—he did not pay me any thing for attending to the business—I did not attend to it in the daytime—there is not much business in the daytime—the prisoner generally attends when Carter is absent, but he being unwell, I attended—he has attended to it three or four years—he is employed by Carter as waiter, regularly, and lives in the house—he occupies the second-floor back room, and he has one of the attics, which he works in when he has orders for the shoe business, but his orders are not very extensive—I have always know him carry on the business of a shoemaker when he could get any thing to do—he carried it on up to the 11th of April—I see men running backwards and forwards to him, and see him give out boots to close—he follows that occupation, and is a waiter at the house—Ralph's surname is Phillips—he is the prisoner's brother—his fatehr lives in the house, and carries on the cabinet-making, I believe—he has got workshops next door, at No. 35—there is no communication between the two house—he lives in the two attics of No. 36—Phillips is my brother-in-law—I married his sister—I have not been attending to the business of the Union ever since the 11th of April—I left off a day or two after, when I went down to Margate—I did not go no again when I returned—I have never attended to the house since—I was there last night, but not serving in the bar—not any part of last night, nor the night before—I was in the bar last week, but not serving—I walked into the bar, and out again—I have seen my father-in-law in the bar sometimes—I never saw him serving any body in my life—Ralph came down with the prosecutor, when he came to remonstrate—nobody else—I will swear two women did not come with him—all sorts of people come to this house—it is desirable to be cautious
how to deal with them—I generally ask persons to write their name on a note—I think it best for a person to write his own name, that we may know where to find them.
Q. Why not ask him for his address? A. Because he would not give it to me—he said I might be d—e, and write it myself—I asked him what his name was, I thought that sufficient, when he said I might be d—d—I did ask his address, I think—I asked his name—he said Brown—whether I said, "Where do you live?" I will not swear—I thought him a gentleman, and did not think it was a forged note—I remember Ballard coming over to search the prisoner's premises—he told me what the prisoner was charged with—I never said that I knew nothing about it, or any thing of the sort—I do not know that I said any thing to him—I asked him what it was about—that I said any thing to him—I him—I did not say the man was innocent, and that I received the note, and wrote the man's name on it, and gave the change—I do not remember having any conversation with him further than He told me Lewis was charged with stealing a £5 note—I said I knew nothing about it, and asked him when it was, and he proceeded to search his boxes—I did not know it was Brown's £5 note he charged him with robbing—I was very much surprised—he said, "I do not want to search your house, Mr. Harris, I want to search Phillips's boxes"—he said, "I have got his key"—he went up-stairs with me—I know Mr. Noes, the attorney—he has not been concerned in this case, to my knowledge—I have not seen him upon it.
Q. Before Mr. Brown had the first of the two pints of wine, after the women left him, was he drunk or sober? A. I should say neither drunk not sober—he knew what he was about, because he knew he called for the second pint of wine, and paid for it—those two pints were after the two pints he had up stairs—it made four pints—I received nothing from him—I did not give any change—he took up four sovereigns, and pushed one sovereign over to the barman—the barman did not take for more than the two pints—he must have paid the waiter fr what he had up-stairs—I have not seen Ralph here to-day—Beacon was the only person that left the house with the prosecutor—it was about four o'clock.
MR. ADOLPHUS. Q. Have you any means of stating from your own knowledge what he did from the time he left your house till he arrived at home? A. No; I do not know where he went—the waiter up-stairs accounts to the house for the wine he has, and receives the money from the customers, and the barman accounts for what is delivered at the bar—I drank some of the wine the prosecuter had below, and the porter and barman had some.
COURT. Q. When did the prisoner recover from his indisposition which he laboured under that night? A. He has been very unwell for some time, I believe, and is not quite well now—he went out the next day (Monday)—I saw him out on Monday—I do not recollect whetehr he was out on Saturday—he did not come in and out that evening to the bar—I do not know what time he retired to rest that night—I saw him last about nine o'clock—I saw no more of him after that—there was no woman in the bar in the course of that evening, not in the room the bar is in—no woman did any business that evening in the house—Mrs. Carter is sometimes there, but she was not that evening—I recollect that evening, because I was asked to attend that evening, and a few nights—I said I would attend on that evening, but could not on the Monday following—I attended on the Saturday,
Friday, and Thursay—I think Lewis was attending on Wednesday night—Carter came back on Monday, and attended himself on that night.
Q. Did you not see the prosecutor some time after the transaction, and tell him, if he would give you the date and number of the note, you would give him the full value of it? A. Never such a thing; certainly not—I never had such a conversation—(looking at Stanley and Gardener) neither of them were present at the bar when Brown came to complain—neither of them were present till after the waiter had gone up-stairs, not for some time afterwards—neither of them were present at the time he complained that he could not get the change—I swear no woman was present at the bar when Ralph and Brown came down about the sovereign—there was no woman present when Brown complained that the waiter had not given him the sovereign—Brown was not prevented from going out of the house—no one demanded payment of the second pint of wine, which he had up-stairs—he did not go out when the young women went—he did not attempt to go out—he said he would not go out—he pulled himself away from them—that young woman took him by the arm, and said, "Come, Mr. Brown, let us go; I will tell Miss Mason of you."
Q. Did not one of the persons in your place detain him, to pay for the pint of wine, at the time these young women went out? A. No; I am positive it did not pass, or I must have heard it—the prisoner was not there at all—he was absent—he did not come backwards and forwards at the time the young woman was there—on my oath he was not there.
MR. CLARKSON. Q. On the oath you have taken were either of the young women present when the prosecutor produced the paper from his pocket, which proved to be a £5 note? A. There was no woman present whatever—on my oath there were no sovereigns, nor any cash produced but the £5 note—I never said, "You had better look into your pocket and see if the sovereign is ther, "nor did any body in my hearing—Brown did not take out a £5 note and two sovereigns, upon that being suggested—I do not know where Ralpis—I have not seen him—he lives in the house—I was not at home this morning, having come to town from Margate—I have been there nearly three weeks—I came to town last night—I did not see Ralph this morning nor last night—I arrived between eight and nine o'clock last night—he serves as waiter at the house, but I did not see him—I do not know that he was there—I did not sleep in the house that night—I slept at my brother's, in Charlotte-street, Blackfriars—I came to town with him—I do not know why I did not go home—my brother's name is James Haris—I came to town with him last night, and he is gone to Brighton this morning—it was rather late last night, as I supposed with him, and staid there—I met Mrs. Harris at my brother's, and stopped there.
GEORGE DAWKINS LANE . I am a surgeon and apothecary, and live at No. 59, Dury-lane. I know the prisoner—I attended him, in April last, for an illness—he had a scrofula enlargement of the glands of the right groin—I desired him to keep as quiet as possible, to lay by and keep off his legs as much as possible—I consider he has the complaint now.
MR. CLARKSON. Q. When was it you gave him this advice? A. I first saw him on the 2nd of April—I saw him every second or third day, up to about the 14th or 15th of the month—I do not think he was fit to go about his business up to the 14th or 15th—he used to call on me at my house, in the middle of the day, for medicines—he called on the 14th or 15th.
GEORGE BEACON . I am a schoolmaster, and live at Nol 69, Commercial-road, Lambeth. I was at the Union, in Bow-street, about two o'clock on Sunday morning, the 12th of April, and saw Captain Brown there—he came in about one o'clock—I saw him at the first table at the righe-hand side of the room—I saw below at the bar—I remember some money being asked for, and he produced a piece of paper, rumpled up, which turned out to be a £5 note—he produced the £5 note, and presented it to Harris—it passed from him to the barman, for him to take his money out of it—he could not give change—he gave it to Harris, and Harris gave him five sovereigns—Brown pushed one of the sovereigns along the bar, and told the barman to take his money—Harris asked Mr. Brown for his name—he said it was Brown—Harris asked him to write it—he said, "No, you be d----d, write it yourself"—I have been outside the court while Harris was examined—Harris wrote his name on the note, as I presume, and put it in his pocket—the prisoner was not there at all—Mr. Brown walked out of the house, and I followed him—I went with him to between the Union and the Lyceum Theatre—he there met a female, and said, "I shall bid you good morning; I know this female, I shall go with her," and then we parted—that was from four to half-past four o'clock.
MR. CLARKSON. Q. Have you many scholars? A. Thirty-three or thirty-four—I have lived there a year and a-half—I do not follow any other occupation than a schoolmaster and I have not for some years—I did not know Harris, before the night in question—I have seen him several times since—I might see him before, but not to know that it was Mr. Harris—I will swear I had not been into the Union twenty times before—I have not been there more than twice before—I cannot state the time—it might be a month or six weeks before—I went, after the Theatre was over, to have a chop—I have not followed any other occupation than a schoolmaster for five years—before that I was with my father, as a leather-cutter and carrier—I have never been a law-stationer—I never told Harris I was a law-stationer—I sell stationery—I did not tell Harris that; I sell pens, ink, and paper—I do not know how Harris supposed I was a law-stationer—I have a board over my house that I keep a school—I saw several women at the Union that night—one of these young women; I can say, I saw there, up-stairs sitting at the same table as I was—I was there before they were—I saw Brown come in—I staid till he went down stairs—I do not know who went down with him—several went down with him—I cannot say how many—some were gentlemen and some females—I did not count them—these two women did not go down with him—they sat at the same table when he went down—other women went out at the door at the time—they went down afterwards—I believe I have been to the Union once or twice since this transaction—I did not go down with him—I have seen Harris since—there was wrangling between the waiter and Mr. Brown, on the subject of a sovereign—that was up-stairs, at first—he went down, complaining that the waiter had got a sovereign from him, and never gave him the change for a sovereign—she did not ask one of the girls ask the waiter for change for a sovereign—she did not aks the waiter to give him change of a sovereign while I was in the room—I saw no person ask the waiter for the sovereign while I was in the room but Mr. Brown, and he said, "Sir, I have had no sovereign from you"—he did not say he would fetch it directly, in my presence—I have not seen Ralph since—I have not been to the house for three weeks—he was not
there then—I do not know where he is—I do not know the waiter who is gone to Spain—these two girls were not present when Mr. Brown produced the £5 note—they came in along with Mr. Brown—they came into the room with him; that I recollect—they did not come in after he had been drinking the first pint of wine—they came in with him—I did not hear one of them ask for a glass of wine, nor ask him to give her friend a glass—I heard Brown call for another pint—he had not almost finished the first pint before they came in—I heard that the prisoner was in custody, about three weeks or a month ago—Harris told me of it; he did not come to me—I went to the house—I cannot say whether that was before he had been examined before the Magistrate—I did not ask that—I was below while Brown was wrangling about the sovereign—I was called down by the waiter—I saw the two girls go away—they went away while Brown was wrangling at the bar, respecting his sovereign—the inner-door was partly shut at the time—I could not see the outer-door—several gentleman went out about the same time—Brown did not attempt to go out with them—he said he would not; he paid for the second pint of wine—he paid 6s. or 8s. when he pushed the sovereign along—that was for two pints of wine—he was not prevented from going; he did not want to go—the barman and Mr. Harris were in the bar when the women went away, and Mr. Brown and myself outside, and the waiter and the doorman—nobody else—the prisoner was not going in and out—he was not there at all—I did not see him—there was no woman in the bar, while I was there—I do not know Mrs. Carter—I mean to swear no woman was there.
MR. PHILLIPS. Q. While you were there, no woman was there? A. No.
COURT. Q. How long did Brown remain after the women went away? A. I should think about an hour, or an hour and half—the women went away between two and half-past two o'clock, as near as I can recollect—it was not day-light when they went—it was about an hour and half after the bustle up stairs, before I came down—they were wrangling for a quarter of an hour, or half an hour at the bar before I came down—whether the prosecutor, had produced a £5 note and two sovereigns before I came down, I cannot tell—the women were up stairs at the time drinking the remainder of the sherry that was left—they sat a good bit, expecting Brown up; I suppose for half an hour—they remained there talking to themselves, and then they went down—the wrangle did not last long when I got down—they were down before me—when I came down there was still wrangling at the bar—it lasted five or ten minutes—the women went away while I was standing at the bar—the prosecutor was merry when they went away—the Commercial-road id not more than five minutes' walk from the Union—it is at the foot of Waterloo-bridge—I got home about a quarter past four o'clock—it was Sunday morning—it was about the 11th or 12th of April—I recollect the day, because it was Palm Sunday—I had been to the Theatre the evening before—I have been to the Union once or twice since—the last time was a fortnight or three weeks ago—I first heard that the prisoner was in trouble three weeks or a month ago.
MR. PHILLIPS. Q. Was the note marked with Brown's name after the two females had gone away? A. Yes, a long time after they were gone.
MORDECAI JACOBS . I am a waiter at the "Round Table," in Duke's-court. I remember being there on Saturday night, the 11th of April—I was there on Sunday morning—I believe it was Palm Sunday—I know the prosecutor,
Mr. Brown; he came in that morning along with two females—I had not seen them before—I had no watch; but to my recollection they came in about half-past five or six o'clock—I should know the females if I saw them—I do not know their names—he staid at the Round Table till about eight o'clock—at first he called for some coffee, three eggs, three muttons chops, and toast, for two ladies and himself—they had some wine afterwards—Mr. Brown paid—the females partook of it, and some personsn who came in during the time, and he paid for the whole of it—the people all knew him; for they called him Captain Brown—at eight o'clock the whole of the people went away; five females, and two gentlemen, besides himself—they all went out together—he looked rather the worse for liquor—when he came he was able to walk about, and knock about the forms, and thump and knock my head about.
MR. CLARKSON. Q. Is this a public-house? A. No, a coffee-house, called the Round Table—it is in a room up-stairs on the first floor—Mr. George Phillips is the landlord—he is the prisoner's uncle—I am his servant.
COURT. Q. What day was this? A. Sunday morning, the 12th of April—it was the day after the Passover, and we got ready for it, by scouring and cleaning—there were seven people with him—he first threw down a sovereign—the reckoning came to 15s.—I gave him 5s., and asked him to remembaer the waiter—he gave me 1s.—he afterwards had two bottles of wine, one after the other, which came to 10s., and he changed half-a-sovereign—I gave him 5s. out the second time.
CHARLES GOODENOUGH . I am in the corn trade. In April last I had an account with Mr. Haris—I remember calling on him for payment—the date of the receipt will tell when—this is the receipt—to the best of my recollection it was on Monday I called—this is my writing—somebody announced to Harris that I was there—I was ordered to walk in—he said, "I cannot pay you, unless you give me change for a £5 note," which he produced—I said, "I will go and get change"—a person in company said, "Oh, I can give you change if you will take three pounds in silver"—I believe the prisoner is that person—I am convinced he is—Harris asked me if I would take the silver—I said Ihad no objection, and the prisoner pulled out a purse or bag, and produced the money—Harris paid me, and I went away—I think the silver was nearly all half-crowns—the prisoner took the £5 note, and he said, to the best of my reecollection, "I am going to the Savings' Bank; a £5 note is just the same to me."
COURT. Q. Does Harris keep a horse? A. Yes; at the back of the premises—I live in Kenton-street, Brunswick-square.
GEORGE WOOLF . I am a tailor, and live at No. 21, Rathbone-place, Oxford-street. I remember on Monday evening, the 13th of April, taking a coat home to the Union, in Bow-street—I saw Goodenough there at the time; he called on Mr. Harris for the payment of a small account—I believe between 3l. and 4l.—Mr. Harris asked him if he had change for a £5 note—he said, "No"—the prisoner said he had got change, that he was going to pay money into the Savings' Bank; if he did not mind taking silver he would give him change—he gave him change, and received the note—Good-enough gave a receipt for the money.
MR. CLARKSON. Q. Are you any relation to the prisoner? A. None whatever.
NOT GUILTY .
GUILTY. Aged 21.—Recommended to mercy. .— Confined Fourteen Days.
ALI BUKUS (through an interpreter.) On the 1st of August, I had two sovereigns and three shillings—I was in a public-house, and the prisoners took me home with the—I went into the house—Collins shoved me out, and Neuth put her hand into my pocket—Collins said nothing to me, but shoved me out.
Cross-examined by MR. CLARKSON. Q. How many other women had you been with the night before? A. No other women—I met Neuth at the public-house—I went there as soon as I came from the ship—I had a pot of beer there—I asked Neuth to take me to her lodging—she took me home with her—I was not very drunk—Collins turned me out, and I went to a policeman—I had not been drinking and treating other women that night—I did not give a woman, named Carr, 3s. take care of for me.
COURT. Q. What money had you in your pocket when Neuth put her hand in? A. Two sovereigns, and three shillings—I had the money in my pocket a quarter of an hour before; I am sure it was safe when I went into the house—it was gone when I came out—I had a jacket on—I was in the house half-an-hour—I gave them 1s. 6d. for drink—I had 4s. 6d. at first—there was another man in the place, when I got there—Collins went with that man—Neuth was secured in the presence of the officers—I do not know whether any money was found on her.
MR. CLARKSON. Q. Had you not been to the Swan public-house, with a parcel of women? A. No; I looked at my money before I went with Neuth—I am sure she took them out of my pocket—I did not lose any silver; that was in another pocket—Neuth put her hand into the pocket the gold was in.
WILLIAM BUTLER (policeman k48.) I went with the prosecutor to a court, where Neuth was—he pointed her out to me, and said, the girl bad robbed him of two sovereigns—I got an interpreter, to interpret what he said, and took Neuth into custody—she said, he had but 3s. while he was in her company—I told the interpreter of it, and he said, his serang gave him two sovereigns the day before—he was sober—Neuth was lying-down on the bed, and appeared to have been drinking, but was sober—I did not search her for some hours after the robbery.
ABDALLAH PATY . I had paid the prosecutor two sovereigns, but no silver for them—Neuth took the sovereigns out of my pocket—I never missed the moncy before I went to the house—they were in my pocket when I went into the house—I put my hand into my pocket, when I went into the house, and felt it there—I had been to the Angel Gardens—I could not lose the mercy there.
NEUTH. I know nothing about it.
(Isaac Ball, basket-maker, of Shadwell; and Jacobs, glass dealer, Tyndal-street, Commercial-road East; gave the prisoner Neuth a good character.)
NEUTH— GUILTY . Aged 15.— Confined Three Months.
COLLINS— NOT GUILTY .
NEW COURT.—Tuesday, August 18, 1835.
Fifth Jury, before Mr. Common Sergeant.
1708. CATHERINE LEDGER was indicted for stealing, on the 28th of July, 1 watch, value 20s.; 2 gowns, value 4s.; 2 petticoats, value 1s.; 1 waistcoat, value 1s.; and 1 nightgown, value 1s.; the goods of James Holt, to which, he pleaded,
GUILTY . Aged 30.— Confined Six Months.
GUILTY . Aged 11.— Confined Three Days, and Whipped.
1710. MARY DAVIS was indicted for stealing, on the 23rd of July, 25 knives, value 2l.; 25 forks, value 2l.; 2 blanklets, value 15s.; 1 bed-cover, value 8s. and 1 spoon, value 3s.; the goods of Jacob Dixon, her master.
JACOB DIXON . I am a cheesemonger, and live in South-street, Manchester-square. The prisoner was in my service on the 23rd of July, and said she had taken several things and pawned them—she said she had taken the best knives and forks—I looked, and missed them—they were worth more than 2l.—she named the tea-spoon, the blankets, and bed-furniture—she directed me where to go—I went there, and saw them, at High-street—I do not know the name of the pawnbroker; but we found the things—we went to another pawnbroker, and found the knives and furks—the pawnbrokers are here with the property.
Prisoner. I acknowledge myself guilty of pledging the articles, with the firm intention of getting them out again.
GUILTY. Aged 31.—Recommended to mercy .— Confined One Month.
NOT GUILTY .
JOSEPH STONE . I am servant to Nicholas Yarrow, a grocer, on Snow-hill. About nine o'clock, on the 10th of July, the prisoner came and threw an apron on the counter—she took a small parcel off the counter, containing a quarter of a pound of ginger—I asked her to give me what she had taken—she said she had taken nothing—my fellow-servant took it from her pocket.
Prisoner's Defence. I went into the shop to buy some tea and sugar. I turned to speak to this young man, and took this parcel by mistake.
Witness. I know her—she has been several times into the shop before—she had not asked for anything.
GUILTY . Aged 36.— Confined Six Months.
WILLIAM MATTHEWS . I live in Sun-street, Bishopgate-street, and am shopman to Mr. Samuel Adams. About twenty minutes before ten o'clock, on the 7th of August, I was in the shop, and saw the prisoner enter, I called to him distinctly three times—he did not attend, but took a hat off the stand within the door—he escaped with it—I ran out, and overtook him, and collared him—he used great violence to me with the hat, and broke it all to pieces—he threw me down three or four times, and cut my lip—I still held him till the officer took him—my neighbour took up the remains of the hat.
Prisoner's Defence. I was very much in liquor.
GUILTY . Aged 23.— Transported for Seven Years.
JOHN ELDER DUFFIELD . I live in Long-lane, Aldersgate-street, and am a harness-maker. The prisoner was in my employ—it was his duty to receive money for me occasionally—I deal with Mr. Miles, of Bridge-houe, Newington—on the evening of the 23d of June I sent him there for some money, which I have not received—he did not return that day.
Cross-examined by MR. PHILLIPS. Q. But I believe he came at last? A. Yes, on the 16th of July, with his mother. There was no bargain about wages—he was to receive his board and lodging, and other necessaries—I certainly did not hire him as my servant—I took his as he was in bad circumstances; I believe he once took 47l. 10s. to Messrs. Glynn—I never found any thing incorrect in him—I wrote to his mother, saying that I had heard he had gone to America—after that he came with his mother, or I should never have inquired after him—I knew him from his birth.
(The Prisoner, in his defence, stated that he had met a female, who had formerly lodged with his mother, and who induced him to accompany her to her lodgings, where he became intoxicated, and lost the money.)
J.E. DUFFIELD. He wrote to me, and assigned the same reason for not returning that he now assigns.
GUILTY. Aged 24.—Recommended to mercy by the Jury and Prosecutor. — Confined Ten Days.
Sixth Jury, before Mr. Common Sergeant
minutes, and the watch and the prisoner were gone—it was worth 3l. 3s.
Prisoner. Somebody else might have come in; there is a private door where they can come in.
WILLIAM BUGGINS . It was between one and two o'clock—the prisoner generally worked till the evening—he did not return that day, not till the following Sunday—his brother had been there, but was not there when I left the watch, which I am sure was there when I went up stairs.
NOT GUILTY .
ELIZABETH MARTIN . I am a widow, and live in Charlotte-street, Whitechapel. On the 31st of May the prisoner came and took a lodging, at 2s. a week—there was a pair of sheets on the bed, and a towel in the room—the next morning they were gone—he did not return.
Prisoner. She said she did not know the sheet. Witness. No; I said I should know it by the tear.
Prisoner. I am not the person.
GUILTY . Aged 20.— Transported for Seven Years.
MARY THAKE . I am servant to Susannah Smith of Brentford. On the 29th of July, the prisoner came to our house for relief—I told her we had not any thing for her—I saw her leave the house in a few minutes, in a great hurry—I suspected her—I looked and missed a sheet—I ran after her, and a constable came and took her; this sheet was produced, it is my mistress's.
GUILTY. Aged 20.—Recommended to mercy by the Jury. — Confined Fourteen Days.
ROBERT ELY . I am in the service of Messrs. Eale, and Co., of Bouverie-street. On the 11th of July, at night, I was in Cheapside, going home—I felt something at my pocket; I turned and saw the prisoner—my handkerchief was on the ground, and I took it up—the watchman took the prisoner—there was no one but the prisoner behind me.
of the prosecutor's coat—he followed him three or four yards, and took out the handkerchief—the gentlemand turned, ad he dropped it.
Prisoner's Defence. I was on the sule of the way when he came and took me.
GUILTY . Aged 17— Transported for Seven Years.
DANIEL DONOVAN . I live at Jubilee-place, Commercial-road. I was coming down High-street, Whitechapel, on the 20th of July, about eleven o'clock at night; the officer tapped me on the shoulder, and told me something—I felt, and my handkerchief was gone—I had had it safe about two minutes before; it was produced to me; this is it, I know it by some holes in it.
WILLIAM SAVAGE , (police constble, H 50.) I was on duty, in plain clothes; I saw the prisoner about eleven o'clock in the evening—I watched him and another—I saw the smaller one go to the prosecutor, and draw the handkerchief—the prisoner was close to lhim—I went to the prosecutor, and asked him if hehad lost his handkerchief—he said, "Yes"—we then went into the City, and saw the prisoner and the other one looking at it, with a girl—I took the prisoner; the other dropped the handkerchief on the ground.
Prisoner. I was never in the county of Middlesex—I was in Aldgate at the time—I never saw the other lad before.
GUILTY . Aged 20.*— Transported for Seven Years.
ANN ATTEELL . I am wife to Perer Attrell, of London street, Ratcliffe. On the 31st f May, Ficken hired a room of me—Jones came with her, but I did not know she was coming to live with gher; it was Ficken and her husband came to hire the room, as I understood—On the 14th of June I missed my daughter's half boots; she is fourteen years old—my husband doubt, but I do not know them; there is no mark on them, and my daughter is not here.
NOT GUILTY .
1721. MARY ANN FICKEN , and ANN JONES , were again indicted for stealing, on the 4th of July, 1 shirt, value 1s., 1 petticoat, value 4d.; 1 apron, value 2d., and 1 necklace, value 2s., 6d., the goods of Peter Attrell.
ANN ATTRELL . These are my articles—I missed them on the 22d. of June—I had occasion to go out; when I came home, Mrs. Ficken said my child had lost her necklace off her neck—she had been out with other children at play—it was about nine o'clock a night—I offered 1s. reward—I could not find them—on the next day I lost these shirts; that was on the 23d—I didnot miss them till the Wednesday, when I was
washing—I found the necklace, the fiannel shirt, the apron and the petticoat at the pawnbroker's.
(Property produced and sworn to.)
Ficken's Defence. I found the necklace in the fields—it was through distress that I did it—I did not know exactly, at the time I picked it up, who the necklace belonged to—I went down to wash two shirts for my husband and took this shirt by mistake.
FICKEN—GUILTY. Aged 19—Recommnended to mercy by the Prosecutor. — Confined Ten Days.
JONES— NOT GUILTY .
1722. MARY TAYLOR was indicted for feloniously receiving, on the 18th of July, 1 dead fowl, value 5s., and 1 dead chicken, value 2s. 6d., the goods of william Robinson, Esq., well knowing them to have been stolen, &c., against the Statute.
MR. ROBINSON conducted the Prosecution.
GRACE RODD . I am servant to William Robinson, Esq., he lives at Tottenham, On the 18th of July, I went to the farm-yard, at half-past five o'clock in the evening; the hen-house was locked up—next morning I went to the farm-yard again, and found the hen house had been broken open, and part of the poultry gone—I unlocked the hen-house door—I saw the head of a chicken there, and one dead outside—the head of the chicken was black—five chickens were stolen and one killed and left behind.
THOMAS MORRIS . I am a gardener in the employ of the prosecutor. On Sunday morning, the 19th, I found part of the hen-house stripped of nine tiles and the feathers of the fowls lying about the yard—the gates, which lead out of the orchard, were open.
JOSEPH FOSTER . I am constable of Tottenham. I went to the prosecutor's house on Sunday, the 19th of July—I examined the hen-house, and in consequence of suspicion, I searched the prisoner's lodging in Archer-street, Edmonton, between ten and eleven o'clock—I went up-stairs, and found the prisoner there occupying the room—I searched the cupboard, and found the chicken and fowl—the feather were off—the chicken was not drawn—the head of the chicken that was picked up in the hen-house was fitted to the chicken, and found to correspond exactly.
JOHN FOWLER . I am constable of Tottenham. On the 19th of July,. I went to the prosecutor's premises—I found the head of a chicken, which corresponded exactly with the chicken found by the last witness.
JOSEPH FOSTER . When I searched the prisoner's apartments, she said that when they were brought in she was asleep, and knew nothing of it—she lodges with William Townsend, who has absconded from Edmonton ever since.
NOT GUILTY .
WILLIAM PETER HOLLAND . I live in Brick-lane, Bethnal-green, and am a grocer. I employed the prisoner occasionally—on Tuesday, the 14th of July, I marked some half-crowns, having missed money from the till—I placed three of them in the till—I then went out, leaving the prisoner behing—I returned in an hour and a half and found him in the shop—I looked into the till, and found the three half-crowns safe while I was out, I sent Mrs. Hargrave for some goods, with two more marked half-crowns—I found one of them was not in the till—I charged the prisoner with one being missing—he denied it for some time—I sent for an officer—he fell on his knees, and said if I would forgive him, he would tell me all about it—he then pulled half-a-crown out of his pocket; he said his mother was a very poor woman, and he had taken it—the four half crown I found all marked as I had makde them—this is the one the prisoner gave me—I gave it to the officer—this is marked as one of those I gave Mr. Hargrave.
Cross-examined by MR. DOANE. Q. You charge him with stealing one half-crown? A. Yes: I put three half-crowns into the till—it is not for stealing one half-crown of Mrs. Hargrave—he produced one half-crown, marked similar to those I had put in the till.
COURT. Q. You gave two half-crowns to Mrs. Hargrave? A. Yes: to take to my shop—Mrs. Hargrave is not here—she lives at Church-street, Bathnal-green—both the half crowns that I gave her were mine—I never parted with them—they remained my property—Mrs. Hargrave was not before the Magistrate—I told the prisoner he was placed behind the counter, and was responsible—he then took the half-crown out of his pocket; and he said he took it, because his mother was very poor.
CHARLES BYRON (police-constable H 157.) I was present when the prisoner went down on his knees—he acknowledged having the money, by handing it from his person—he went down on his knees, and begged forgiveness, saying it was the first time.
JURY to WILLIAM PETER HOLLAND. Q. Were the four half-crowns all marked alike? A. No; this one was marked in a particular way—I can point out the mark.
GUILTY . Aged 19— Transported for Seven Years.
WILLIAM IRESON . I am owner of a house at the corner of Dunk-street, Mile-end New Town. We missed a good deal of lead—we marked this gutter, and watched it for about a week—my man went up on Monday morning, and siad it was gone—I asked where the prisoner was—he said he was gone out with something under his arm—he was going along—I followed him to two iron shops—he saw me, and ran to Montague-street—I took him there with the lead under his arm—I swear this is my lead—the prisoner did not work with me at that time, but he had.
true—I was present when the lead was found on the prisoner—it is my master's.
The prisoner pleaded poverty.
GUILTY . Aged 57.— Confined Six Months.
WILLIAM NICHOLLS . The prisoner and I were at a beer-shop in the Isleworth-raod, drinking together—we then went to the Horse and Groom, at Twickenham—I sell bonnet-boxes—I got rather intoxicated—I was taken up, and put against the window—I had two half-crowns, six shillings, and three penny-pieces in my pocket before I fell dozing—I saw them about eight o'clock in the evening—about ten o'clock the ostler awoke me, and my money was gone, and my knife and cotton handkerchief—this sis my knife, I had boutght it of the prisoner that day—I gave him 3d. and one pint of beer for it.
Cross-examined by MR. PHILLIPS. Q. Did you not get exceedingly drunk, so that you were picked up off the floor, and placed on the settle? A. I might be—I cannot say whether my knife had dropped out or not—I had onlyu seen the man once before—there were about three with us, I believe—William Smith was there, and another man sitting opposite, a countryman, I believe—Smith was taken into custody, and then he made an accusation against the prisoner.
JAMES BROMAGE (police-constable B 77.) I went afer the prisoner, and found him at his lodging on Twickenham-common—I found this clasp knife lying on the table, and 1s. 6d. on his person, and 6d. in halfpence—he said nothing about the knife.
GEORGE SMITH . I was not accused of stealing this property—I was at the Horse and Groom that day—Saunders asked me to go in and have some beer—I went and had some—he called me out, and told me he had drawn the cove of 3s.—he told me to come away—he went and called for a quartern of rum at the Black Dog, and then we went to the Fox, and called for a pint of ale—he paid 6d. for the rum—I had no money—he paid 6d. trowsers for half-a-crown—he went and got some steaks—we went to the beer-shop ans had them cooked—when we were coming home we went to the Eight Bells, and the prosecutor was there—he put his hand on the prisoner's shoulder, and said he had robbed him—he denied it, and held his fist to him.
Cross-examined Q.. What is the meaning of the word cove? A. It means a man, I believe—draw does not mean that he has got the money back that he owed him—I thought he had robbed him, but I staid and drank with him—I was taken up—I said nothing about this till I was accused—I saw Saunders pick him up, and put him on the settle—I did not know he had robbed him till he told me.
Prisoner's Defence. I know nothing about robbing him—I found the knife the day before—I never sold it him: I lent it him to eat a bit of bread and bacon—William Nicholls sold it me in the Tom land Jerry shop, there was the landlord and a fiddler there.
NOT GUILTY .
MARY ANN STAYNER . I am the wife of William Stayner, of Upper Whitecross-street. The prisoner was occasionally in our employ—we bought some meat on the 18th of July, of Mr. Bonsor, in Newgate-market, and gave the prisoner 1l. 6d. to go and pay for it, and bring it home—he did not return with the money or the meat.
Prisoner. I had had a drop more than I ought, and must have got robbed of the money—the next morning I had not a halfpenny left—I gave myself up to the policeman, becaused I knew I had done wrong.
NOT GUILTY .
1727. SARAH MARTIN, MARY MILLS , and ELIZABETH JONES were indicted for stealing, on the 5th of August 10 combs, vallue 5s.; 1 pair of ear-rings, value 6d.; 1 snuff-box value 1s.; 2 spoons, value 3d.; and 1 pencil-case, value 2d.; the goods of John White and others: and that Jones had been before convicted of felony.
MARCUS HARRIS . I keep a general shop Barbican, John White and Edward Somers are my partners—on the 5th of August, the three prisoners came to my shop, and asked me for different articles; one stood by the window, one at the further end of the shop, another in the middle—Mills asked me for a pencil—while I was serving them, two policemen came in, and asked if I had lost any thing—Martin directly put her hand into her bosom, and pulled a snuff-box out, which was mine—I had not sold it her—directly the policemen came in, all three of them got together, and the combs and spoons fell—I believe these combs are mine—Martin was nearest to where they fell; they were all three together—I had missed such combs, they are the same manufacture—I had not sold any such as these to them—I had such spoons as these to sell—I had not missed any—I found them on the ground.
Cross-examined by MR. JONES. Q. Did you say you were in partnership with Mr. White? A. Yes—I am sixteen years old—Mr. White is a grown man—I had not known Mills before—I had seen the others—I had no job to do for known Mills before—I had seen the others asked for, an she paid for it—when the combs dropped, they all stood quite close together—Martin stood at one end—I found the combs right under her.
EDWARD M'DONALD (City police-sergeant No. 28.) I went into the shop and heard the things drop—Martin pulied this snuff-box out of her bosom, and threw it in the window—the other things were taken up near to Mills—we took her to the watch-house, and found these ear-rings on her.
Martin's Defence. I went and bought some articles—I asked the price of the ear-rings—he said eightpence, but as they were bent I might have them for sixpence—Mills asked the price of combs—he said he had not
any, but his brother was out, and perhaps he might bring some in—while we were waiting, the policemen came in—I was looking at this snuff-box, and he swore I took it out of my bosom.
Mills Defence. I went in to buy a pencil-case.
Jones's Defence I know nothing about it.
M. HARRIS re-examined. Q. Had you sold any ear-rings to that girl? No: I do not know whether she looked at any, and priced them—I had seen her before—eight pence was the price of the rings—this one bulges out a little—I did not sell it for sixpence.
MARTIN— GUILTY . Aged 18.
MILLS— GUILTY . Aged 17.
JONES— GUILTY . Aged 18.
Transported for Seven Years.
JOSEPH INER . On the 16th of July I was in a beer-shop, at South Mimms. I had something to drink—the prisoner was there—I fell asleep—I had a handkerchief, and purse with four shillings and ninepence—I slept for about half-an-hour—I awoke, missed my money and hankerchief—I accuse the prisoner of it—he said he had not got it, but just afterwards he gave me the purse and threepence; my silver was gone—he said, "Here is your money, you old b----r"—he kept one of my handkerchiefs, and put the other into my hand again.
Prisoner. He gave me the mony to take care of. Witness. No such thing.
Prisoner. I am sure she did not see me, nor the man. Witness I will take my oath I did.
Prisoner's Defence. I went to this house to get a pint of beer—this man sat by the side of me—said he would drink with me—he paid 1d.—I paid 1d.—we had another pint—there were a great many more in the house—we then all drank together, and got intoxicated and gambling—he got very tipsy, and went out to lay in the skittle ground—when I went out, he said he would pay half a gallon of beer to fetch his handkerchief—the man gave me one, and kept one, and said there were both of them—he gave me it to take care of and 3s.
GUILTY . Aged 19.— Confined Nine Months.
WILLIAM URQUHART . I live in Lamb's Conduit-street, near the prosecutor. I saw the prisoners together near the prosectuor's—I saw Burton take a goose from outside the shop window—Whitton was with him and held his coat out—Burton put the goose in, and he walked on—they then parted and one went down White Lion-street.
Cross-examined by MR. DOANE. Q. You saw him take the goose? A. Yes; it was about a quarter past one o'clock—they went down Theobald's-road,
going towards the New-road—I was about eight yards behind—I followed him about twenty yards—I told the prosecutor.
ROBERT PEAKE . I was an officer, but have resigned. I caught the prisoners, and charged them with having taken a goose—Whitton resisted, and side he was not guilty—I have tried to find the goose, but could not.
Cross-examined. Q. Did you not find. every thing in their favour? A. I found nothing against them—I took them in Lamb's-Conduit-passage, returning to their work.
JOSEPH STORER . I am a plane-maker, and live in the New-road. The two prisoners had been in my employ about five years—I never knew any thing against them—they were in my employ, on and off—I followed them across Lamb's-Conduit-street that day—they did not go past the prosecutor's shop, unless they returned.
ANN JUDSON . I live with my mother, who goes out charing. I have known the prisoners fifteen months—they had good characters—I saw them, at twenty minutes past one o'clock, going down Back-lane towards Clerkenwell—they had nothing with them.
COURT to W. URQUHART. Q. Have you the slightest doubt of them? A. No; he turned round to put the goose under his coat; I saw his face quite plainly.
Cross-examined. Q. Could not he see you? A. Yes, if he had looked at me; but he was looking at the goose.
JURY. Q. How long was it before they were taken? A. About forty minutes.
NOT GUILTY .
1730. CHARLES HENRY FORFER was indicted for stealing, on the 14th of August, 1 quilt, value 2s.; 4 sheets, value 14s.; and 2 yards of canvass, value 6d.; the goods of Thomas Brown; to which he pleaded
GUILTY . Aged 23.— Confined One Week.
1731. ARCHIBALD GRIEF was indicted for stealing, on the 3rd of August 1/2lb. of calomel, value 2s.; 1oz. of oil of wormwood, value 2s. 4d.; 1oz. of oil of cajeput, value 10d.; loz. of oil of nutmegs, value 1s. 7d.; 1oz. of pennyroyal, value 1s. 10d.; 1oz. oil of almonds essential, value 2s.; loz. of balsam of Peru, value 6d.; 1oz. of phosphorus, value 2s. 4d.; 1oz. of lunar caustic, value 3s. 10d.; 20z. of hydrodate of potash, value 2s. 4d.; 2oz. of extract of bark, value 1s. 4d.; 2oz. of extract of rhubarb, value 1s. 4d. of extract of jalap, value 1s. 10d.; 1oz. of oil of cinnamon, value 9s. 10d.; 10 glass bottles, value 1s. 8d.; and 3 gallipots, value 6d.; the goods of James Drew and another, his masters. Also for stealing, on the 4th of August, 12 prepared cow-teats, value 7s. 4d.; 1/2oz. of spongs, value 8d.; 1 weight, value 2d.; and 1 glass bottle. value 2d.; the goods of the said James Drew and another, his masters; to which he pleaded
GUILTY . Aged 32.— Confined Six Months.
Fifth Jury, before Mr. Common Serjeant.
ELIZABETH BOULTON . The prisoner was in out service; we kept a fruiterer's shop in Albany-street. On the 8th of July, a gentleman came for change for a sovereign—I gave it the prisoner to get change—he did not return.
Prisoner's Defence. I took it to buy some clothes.
GUILTY . Aged 18.— Confined One Year.
THOMAS SINGLE . I live at White Horse-lane, Mile-end. About five o'clock on the 9th of July, I was in Fenchurch-street—I felt something—1 turned, and found my handkerchief in the prisoner's hand, and took it from him—this is it—he ran from me, and two men stopped him when he had ran a hurdred yards.
Prisoner. There was a mob round him—I was not the person he took it from. Witness. There was only him and another—I cannot be mistaken—I stopped a moment, as there was a cart coming up a gateway—I then felt what I have described, and saw the handkerchief in the prisoner's hand.
GUILTY . Aged 25.— Confined Six Months.
1734. GEORGE GREEN was indicted for stealing, on the 4th of August, 1 waistcoat, value 5s.; 7 lasts, value 2s.; 4 shells, value 2s.; 3 knives, value 1s.; 6 pairs of boot-fronts, value 1s.; 1 pair of nippers, value 1s.; 11 tips, value 6d.; 1 stick, value 8d.; 2 shoulder-sticks, value 6d.; 2 files, value 4d.; 1 jigger, value 4d.; 3 awls, value 4d.; 1 pair of pincers, value 6d.; 1 brush, value 6d.; 1oz. of jet value 6d.; 3 shoe-irons, value 6d.; 1 fork, value 2d., and 1 pair of slipprs, value 2d.; the goods of Archibald Day, his master.
ARCHIBALD DAY . I live at the Green Dragon-court, Southwark. The prisoner was my apprentice for four years—last Tuesday morning, about seven o'clock, he was gone, and I missed these articles—I went to his lodging in two hourse and a half, and found him and all these things—he said he did not know how they came there—he had broken open a box and taken his indentures away.
Cross-examined by MR. JONES. Q. You swear that he said he did not know how they came there? A. Yes; he did not say that I had given him some of them—he said before the Magistrate that I had given him the waistcoat—I boutht the duplicate of it, at least I had it for some money—it was not mine orginally—I found it too small—it was part of my duty to find him in clothes—I found there—it was mine—it had been mine perhaps fifteen months—I never sold him any of the articles mentioned in the indictment—I never sold him any thing—he never mended his shoes at my shop—I never gave him leave—I gave him shoes when he wanted them—he repaired his shoes with the leather I gave him, for which he asked me—I never sold him a glass for fourpence—I bought it for myself,
but it was of no use to me, and he said, "I should like to have this glass, how much will you take for it?"—I said the sum I gave for it—he said, "Harper would like to have it"—he had it for fourpence—I sold him a toasting-fork for the same person, and four pictures, for 1s. 3d.—he paid me for them—there was a watch of his that he took away—I pawned that three different times to raise money on it for myself, by his permission—I pawned it for an execution that was lived on me—I did not sell him the jigger, or coat, not any article in the bundle—I never charged him with stealing the watch—he never complained of my ill-treating him, but his frineds did—I was not taken before a Magistrate on that account—I never told him to go away because I had nothing for him to do—I got him a situation in a steam-boat—he was there four or five months—I received no part of his wages for those months—I said I would claim them but I never did in any way—I received 15l. premium with him—he was bound by the trustees of some charith at Windsor—I did not know where he was gone to—I went to Mrs. Harper, his sister, first—I have been married two years and a half—I was married before that—I believe my wife is dead—she did not leave me from ill-treatment—I do not know whether she died at my house.
NOT GUILTY .
ANN ABRAHAMS . I am the wife of Hyam Abrahams, The prisoner was in our employ, at No, 11, Crawford's-passage—she took a large bed-curtain on the 6th of July—she confessed on Wednesday that she had taken it—on Thursday she ran away, and on Saturday she was taken.
Prisoner. I took it to buy a pair of shoes; she does not give me any money. Witness. She had had ten pair of shoes in three months—she had a pair almost every week—they were not new.
GUILTY. Aged 16.—Recommended to mercy by the Jury.
Confined Seven Days.
RICHARD GADSDEN . I live in Union-street, Old Artillery-ground. The prisoner was in my service for fourteen years—I had a very good opinion of him—I have been missing metal for three months—the officer went to his house, and he produceed 144 screws and 4000 nails, which I know to be mine by the mark on the papers.
Cross-examined by MR. PHILLIPS. Q. Suppose I bought a paper of these nails would you not give me paper and all? A. Yes; but these have not been sold—I have every reason to believe they were stolen, but I cannot say whether the screws have not been sold.
COURT. Q. Have you missed property of that description? A. Yes; and have missed goods every day since the prisoner has been in confinement—I have never sold him that sort of property—he was my confidential shopman.
waited till he came out—I took him to the station, and found this brass on him—I went to No. 1 1/2, South Conduit-street, where he told me he used to lodge—I found there screws and nails in a young woman's box who lives there,
JAMES LAY . I live at Wilmott-square, and am a coal-merchant. I was one evening at No. 1 1/2 South Conduit-street—I heard the prisoner tell Jane Allen to take care of the paper of nails he had brought there from his father—they were for a pair of sofas, and were tied up in a paper.
Cross-examined. Q. Did you take any notice of them? A. I think this paper looks something like it.
GUILTY . Aged 23.— Confined One Year.
CHARLES BENZONI . I live in Duke-street, St. James, and am a milkman The prisoner was in my service to carry out milk and receive money—Mr. Hill, of the Salopian Coffee-house, Charing-cross, was indebted to me.
Cross-examined by MR. JONES. Q. You employed her by the week? A. Yes; I gave her 6s. per week, and what she could get from customers—she had breakfast and tea with us—she has been about twelve or fifteen months with us—she was not at liberty to deduct her wages from the sums she received—her husband was out of employ for seven months—she has children, I belive.
GUILTY. Aged 29.—Recommended to mercyby the Jury.— Confined Ten Days.
1738. JAMES STOW was indicted for stealing, on the 13th of July, 2 pieces of handkerchief, containing 4 handkerchiefs, value 2l. 4s., the goods of the London Dock Company. 2nd COUNT describing the property as fourteen yards of silk.
MR. CRESSWELL conducted the Prosecution.
HENRY HAYLOCK GRAVELEY . I am foreman of the piece-goods-department, No 3, in the London Docks, On the 13th of July, the prisoner and two other persons were introducted by cook to inspect the rooms—I opened the presses and exhibited the silk goods to view—the prisoner did not leave till after his friends had gone—I noticed that, and I went to the press when he left, and counted the bundles—I missed two pieces—I went in pursuit of the prisoner, overtook him, and gave him in charge to the gate-keeper—I saw him searched, and two pices of badana were found on him—one in his trowsers, the other in his hat—he said, "Give them to me; they are mine—he after wards said, "It must be through the effects of wine"—these are the pieces of handkerchief which came from the bundle that I opened.
Cross-examined by MR. JONES. Q. Did you know whether Moyle was there? A. I never heard the name—he did not say till he was before
the Magistrate, that he had bought them of a sailor in the Dock—I do not know that sailors are in the habit of selling such things about the docks—there was not time enough for any body to have taken these things, and sold them to him before he was taken—he could not have bought them—two pieces twenty-five pieces in each bundle—I searched them, and found two pieces missing—the presses were locked—we are in the habit of locking them up directly—I was coming to lock up the presses, and then saw the prisoner coming from the lower press—I went immediately to it. and missed the two pieces,
JOHN COOK . I am in the service of London Dock Company. On the 13th of July, I saw the prisoner in the piece-goods-department in the back room—I have heard what the last witness has said—I have nothing to add to it.
JOHN HARRIS . I am a constable. The prisoner was given to my charge at the Western Entrance-gate—I found one piece of these handkerchief in his trowsers; and the other in his hat—he said they beloged to himself—when the clerks were gone to the warehouse, he told me he had not taken them for want, and pulled some soveeigns out of his pocket; but he said he had been drinking—he was either drunk or shammed it—he might have been drinking a little.
Prisoner. It was half-an-hour after I left the silk-goods-warehouse before he came after me out of the gates—I bought them of a seafaring man.
(Samuel Thompson, of Little pulteny-street, gave the prisoner a good character.)
GUILTY . Aged 27.— Confined Two Years.
The prosecutor did not appear.
NOT GUILTY .
JAMES BROMLEY . I am the son of james Bromley, of Chichester-mews In December last, a little bou induced me to go to windsor with him, and then we went to Billingsgate; a girl then entied me away—she was Ann Peterson, the prisoners daughter—she is now under sentence of transportation—I was lodging at the prisoners' house about April—they sent me out thieving—I went into whitechapel-road with Ann Peterson, and she stole a flute from Mr. Savage, and gave it to me—she told me to take it house and deliver it to the male prisoner—the man and woman both took it in their hands—they both asked me where I got it—I said, "Out of Wite chapel-road"—they said, "Oh, never mind where it came from, so long as you have got it"—I told them I stole it—I did not say I stole it from Mr. Savage, as I did not know the name—they told me to go out, and see if I could not get more—I lodged with them about three months, and they gave me victuals—they knew that I had run away from my mother—I always told them where I got the things from—this is the flute which I gave them—the man took it.
John Peterson. No; I turned you and the girl out together, when you said how you had get it.
COURT. Q. Did he turn you out of the house, when you brought the flute? A. No; I was there three months, in April, May, and June.
John Peterson. He came out of the House of Correction on the 29th of June. Witness. Yes; I then went to you again.
John Peterson. Q. Did you not tell me you had neither father nor mother, and you wished to learn the trade; of shoemaking? A. No, I did not—I do not know any of trade; but my father is a shoemaker—I make not—I do not know any of the trade; but my father is a shoemaker—I make him a few threads—I said not a word that I had neither father nor mother.
John Peterson. Q. Did you not have three months at the House of Correction last January, and then you went to live with a young man named Field; then you went to the City, and stole a pair of trowsers in Tower-street, and was taken before the Lord Mayor, and said you had neither father nor mother? A. No.
The prisoners put in a written defence, stating that Bromley had committed several felonies, and had cohabited with their daughter, but upon their discovering his character they had turned him out of doors.
NOT GUILTY .
OLD COURT.—Wednesday, August 19th.
Third Jury, before Mr. Sergeant Arabing.
1741. HENRY SERGEANT was indicted for stealing, on the 11th of February, at St. Bartholomew-the-Great, 1 bag, value 1d.; 100 sovereigna, 25 half-sovereigns, 1 £40 Bank-note, and 1 order for the payment of 14l. 19s., the goods and monies of James Houghton, his master, in his dwelling-house; to which he pleaded
GUILTY . Aged 21.— Transported Life.
MATILDA CLARK . I am in the service of John Henry Jones, millinery and lace warehouse, in St. Paul'd Church-yard. On the 14th of July the priosner came to the shop alone, and asked to look at some lace—I showed her box of lace—she loocked at it, and was in the shop for about twenty minutes—I suspected her from her, manner of looking at it and asking questions—I had occasinon to leave the counter for a few moments, and on my return I found her concealing something under her shawl—I made it known to Mr. Jones; and, finding I knew it, she asked to speak to me alone—I took her up stairs, and she gave me the lace, and begged pardon, and said she was very sorry for what she had done—she was quite a stranger—it is wourth about 10l.
JOHN HENRY JONES . I am master of the shop—it is in the parish of St. Faith under St. Paul. Clark told me that the prisoner had secreted some lace under her shawl—I saw her confused, and the prisoner asked her to go into a private room with her, which she did—I waited outside on the stairs and Clark gave me the lace—here are seventy-seven yards and half—it is worth 9l. 7s. 6d.
Cros-examined by MR. PHILLIPS. Q. Did you not promise not to give her into custody if she gave it up? A. I did not—she was searched—she said she had three children dependant of her—she had no child with her at there time, but at the examination she had one.
GUILTY . Aged 21.
THOMAS ISITT . I apprehended the prisoner on the last charge—I asked Miss Clark to search her, and the prisoner herself then pulled from under her shawl this fifty-six yards of lace, and chucked them under the table—I made inquiry, and found they belonged to Mr. Clow.
MATILDA CLARK . I searched the prisoner—she gave this lace up to the office—I cannot recollect that she threw it on the table—I am sure it came from her—I told her I was sure she had more, and she gave it up.
THOMAS SHARP . I am in the emply of Joseph Clow, of Ludgate-street. The Prisoner came to the shop on the 14th of July, for tbread-edging or lace—I showed her some, and she went away without purchasing—I did not miss any till the officer brought this—I then missed it—I had shown her lace of this description—this belongs to Mr. Clow—she came about one o'clock, and the officer brought it next morning about ten o'clock.
Cross-examined. Q. How do you know it? A. By the private mark—I swear it has not been sold—we had obly one card of one pattern in the house—here are three cards with our private mark on them.
Cross-examined. Q. How many cards of lace might be in the box? A. About twenty, I should think—I had counted them a week before, but not that morning.
Prisoner. I beg for mercy for my three children.
GUILTY . Aged 21. Transported for Life.
Before Mr. Justice Bosanquet.
1744. MARTIN BAILEY was indicted , for that he, on the 3rd of July, at hayes, in and upon Joseph Harris, unlawfully, maliciously, and feloniously, did make an assault; and unlawfully did cut and wound him, in and upon his left arm, with intent, feloniously, wilfully, and of his malice aforethought, to kill and murder him.—2nd COUNT, stating his intent to be to disable him. 3rd COUNT, stating his intent to be to do him some grievous bodily harm.
JOSEPH HARRIS . I am a labourer, and live at Uxbridge. I was at Hayes, on Wednesday evening, the 3rd of July—I had been mowing for Mr. Norton—we came up to cut some grass for him at Hayes—we could get no lodging at the public-house, and went to lie down in Mr. Batt's barn—I went to sleep; and after that, the prisoner came and awoke me—he fell upon me—he was thumping me, when I awoke—there were of my partners in the barn when I went to sleep—I had seen nothing of the prisoner before this happened—when I awoke he was astride of me—I laid on my back—he stood across me, and swore he would kill the first b----r he could get at—after I got up, I cast him down, turing him
underneath—I got him down on his side, and he called out for help to his partner; and his wife and partner came—I never saw any of them before—they all three fell upon me—two of my partners got out of the barn as soon as they could; the other could not get out so soon as he wished, and he received a cut across his hand—he swore he would cut my b----head off; and he cought upu the scythe, and struck at me; and I fell towards him—the scythe caught at the side of the barn, and it borke right in two—it was John Newman's scythe—it was lying at one end of the barn—there were four together, lying down at the end of the barn—they were what we had been working with—the prisoner had no scythe of his own, that I know of—he picked up the piece of the scythe, which broke off, and cut me in the arm—he broke both the blade and handle—he struck at me with the handle, after he broke the blade, and hit it about the side of the barn, and broke it in two—I cannot say what was the cause of all this; whether it was because we laid down in the place where they were, or what, I do not know; but we never interruupted them, nor saw them—he was not in the barn when we first went in—I do not know what complaint he made; but when he awoke me, he was knocking me about, and straddled over me—he did not attempt to take any thing from me, but he meant murder—he swore he would take my life—I was sober—I do not know whether he wa—he cut me just by the elbow—it was not a very big cut—it was the point of the scythe drove in—it bled uncommonly—it nearly bled me to death—I got out of the place as soon as I could—he said nothing more to me—we had a scuffle—I scuffled to get away—we had a scuffle before he struck me with the scythe—when he first came to me, and I got him on his side; he got me on my back; I was throwing him over on his side—he ealled for help, and then his wife and the other man, all three of them, came upon me—that was all before he got the scythe—I tried to get away, as well as I could—I did not strike him; but when I was down, I tried to knock him off me—there was no reason given for all this—I never saw him or the woman before—I dare say I struck him, in endeavouring to get him—I cannot say how it was—I dare say I gave him a pop, somewhere or other—my partners did not come to help me till he got the fork, and swore he would kill the first b—he could get at—he found Batchelor, and then he hit at him with the scythe; and then Batchelor knocked him down—that was after I was cut—he swore he would run the first b----through—I cannot say what was the cause of his saying so—he broke one scythe to pieces then.
Cross-examined by MR. CHAMBERS. Q. Who gave you and your companions leave to go into the barn? A. No one; because the gentleman was gone to bed—it was late, and we did not know where to go—and I had laid in the place before—I could get no lodging, and told my partners we would go and lie down in Batt's barn—we went without his permission—it was between ten and eleven, I thing—how long I had been asleep, I cannot say—I and my companions placed the scythes in the barn—I and three more were there—it is not easy to awake me when I am asleep—I heard no noise before I was awoke by the prisoner being over me—I heard some screams after I was awoke—I cannot tellk whether it was the woman or man, not when there was that bother there—they were all screaming together, woman, and child, and men too—there was a child with this man and his wife, and an old man—I cannot tell which was screaming—they were all screaming and bawling together—the woman was screaming afterwards a little—two of my companions were in the
barn at that time, and the other two wiyhout—when I awoke my companions were almost close to me—the woman was not scuffling with the three men—my three partners were lying down; but the woman at the first start was in another place in the barn, but in another bay—I did not hear her scream when I awoke—I cannot say where the screams came from—there was no screaming with the woman till a quarter of an hour after—the woman, the old man, and the prisoner all three attacked me at once—my companions ran away while I was being attacked—the woman screamed after two had gone away—after the fork and sey the had been used—one of my companions took a part in the scuffle, and received the cut acroos his arm—both the old man and the woman got knocked down in the scuffle—Batchelor knocked the woman down in trying to get out of the way—he was trying to get out of the barn, and the man met him, and he knocked the old gentleman down, and the woman too, and he got his seythe up, and went out of the barn with it directly in his hand—he did not take hold of it till after he knocked them down—he caugh it up at the door, and did not come back—he was glad to get away—the prisoner broke to seythes all to pieces—Batchelor got the cut before he caugh he up his own seythe—he received the cut just before he knocked the woman and man down—he took up his seyth after he got the cut—he was not cut with his own seythe—it was one of our own four scythes—he was coming by his seythe when he got the cut—he caught it up as he went out—they were all lying down close to their scythes—if he had stretched out his hand he could have reached his seythe; every one of us might: but awaking in the fright, I did not think about mine—they knocked him down—he ran against the woman, and knocked the old gentleman down—caught up the seythe as it lay there, and bolted out of the barn into the yard—two men had got away then—they did not knock anybody down—they did not take their seythes away—both their seythes were broken to pieces: but mine and Batchelor's were not broken—he took the fork up, and said nobody should come into the barn—and he threw the fork after us, and swore—I cannot tell what became of the child in the scuffle—it was quite an infant in the woman's arms; it was knocked down with the woman—they both screamed and cried—but I had got out of the barn then—Batchelor rushed to the door after I received my cut—While I received my cut, Batchelor and the other two men were lying quitly down—two of them got out of the barn—Batchelor was lying down quietly—it might be ten minutes before he tried to get out of the barn—he did not go back to get his scythe, after he knocked the old man and woman down—as he came out of the barn he caught it up—he did not go back for it—he came forwards—the man and woman were about four yards from the seythe—it laid where he was coming out—he did not go back and fetch it—he had been having a skirmish with the man and woman—he never went back at all—he had not his seythe in his hands when he passed the old man and woman—it lay against the barn door—he was lying down close to his scythe at first—and the man and woman fell on him—he pushed the woman down, and hit the man down—then turned and took his seythe up, and got out of the barn—the skirmish was in the middle of the barn—I know Mr. Batt, whom the barn belongs to—the prisoner was working for him—we did not know that the barn was their sleeping-place—I do know it now—I did not go there next morning—I was not able—I was nearly bled to death—the old man has got two months inprisonment—he gave a very different account to mine, but it was proved wrong.
went to the barn, about eleven o'clock—we four went in together—we had been working together all summer—we did not find any body in the barn at all when we want in—we went into the thrashing-floor—the door was open, and we set our seythes down—we did not go in above three or four yards before we laid down on the thrashing-floor—there are three or four bays in the barn—we did not look into them to see if there was any body in them—there might be people in the bays, we could not tell—we set our seythes all of a row against the farmer's screen, all together—they, were standing up, leaning against the screen—we all laid down and went to sleep; and about an hour after I laid down, I was awoke by their coming with our seythes to cut us—when I awoke, the first thing I perceived was the prisoner had got the seythes coming to cut us to pieces—there was another man with and a woman—it was a very dark night—I cannot say how many there were—his wife had a child—I believe it was in arms—they came all together to us—he said, "I shall cut your men all to pieces with the seythe"—he fell on Harris, and cut him—I kept back, and stopped till they had all got out of the barn—I stopped behind till they had all got out—till my other three mates got into the rick-yard—one had a fork and the other a seythe; and he came and cut me across the arm, and said, "You are the worat amongst them all, we will quite kill you," and he was going to cut me again, he had got the seythe up: but there was a brier on it, or I should have been cut—I got in among them, and had a scuffle, and we were all down together—after my arm was cut, I picked up my scythe, dragged kyself out from among them, and wentout into the rick-yard to my companions—I got clear away from them—I did not see what hapapened between them and Harris—it was very dark—not quite dark, I could not see what they were cutting Harris to pieces with—I think it was as near twelve o'clock as can be.
Cross-examined. Q. Perhaps you could not see who it was, then, that attacked Harris? A. I know the prisoner—I know the man so very well by his clothes—I was sure of him—I can give a good gness—I can tell by his clothes and his speech—I know him by his words—I never saw him before, nor ever heard him before—I do not not know what it was that they were striking with, but the seythes were broken all to pieces—it was a large seythe he was cutting with, when he said he would cut me all to pieces—I know it was a seythe which cut me—it was a whole seythe—he took it up by the handle before it broke—I do not know who had the fork—one had a fork, and the other a seythe—I do not know which had the fork when they cut me—I do not know which it was who said he would run any man through with the fork—what I have said is the truth, and I know no more—I heard Harris scream—I know it was his voice—I do not remember that I heard a child or woman scream at all—I heard nobody scream when I knocked them down—I did knock somebody down—they were after me, and I went and took my seythe out from among, them, and went off into the rick-yard, and there left it—I do not remember whether any one screamed at that time—I heard Harris cry out once.
COURT. Q. Did you leave the door of the barn open when you came in? A. Yes; the doors were all open—I do not know whether other people might be asleep in the barn, for I went to sleep immediately I laid down—when I awoke, the people came from inside the barn—I cannot say whether they were there before us—we did not know any body was there.
NOT GUILTY .
Before Mr. Baron Alderson.
1745. JOHN SMITH was indicated for feloniously assaulting GeorgeThomas, on the 31st of July, at St. Giles Without, Cripplegate; putting him in fear, and taking from his person and against his will, I half-crown, and 1 shilling, the monies of the said George Thomas.
GEORGE THOMAS . I am an undertaker, and live in Craven-buildings, City-road. On the 31st of July, about ten minutes before four o'clock in the morning, I was coming up Barbican, going home—I was quite sober—I had three sovereings, a five-shilling-piece, a half-crown, and a shilling in my pocket—it was broad day-light—I saw the prisoner with another man coming after me—as I went along, the other man said, "Good morning, sir; you are out late as well as us, "—I said, "No, I am out early"—he said, "We have been to Westminster, and been in company, and did not know what time it was"—This conversation lasted about two minutes—they came walking on, one on each side of me—I saw both their face, and am quite certain of the prisoner—he then pinioned me—the prisoner put his arm round me, put his hand in my pocket, took out my money, and ran off directy—it was done in an instant—the prisoner did it all—the other man did nothing at all—both ran down Whitecross-street—the other turned up Beech-lane, and the prisoner down a court which has no thoroughfare, and was caught under a bed in house he ran into—I had called out" Whtch" and "Police"—I only lost a half-crown and a shilling—I thought at first I had lost all my money.
Cross-examined by MR. PAYNE. Q. Was it quite light? A. Yes—the prisoner ran away—I did not lose sight of him till he ran into the count; and I said I would not leave the court till I found him—I saw him taken right under the bedstead, dressed as he was at the time.
JAMES LEWIS . I am watchman. I heard a cry of "Stop thief," and saw the prisoner running—I followed—he turned up St. Helen's-place, Lower Whitecross-street, which has no thoroughfac—I saw him go up there—I did not take him.
GUILTY of stealing from the person only. Aged 19.
Transported for Life.
Before Mr. Justice Bosanquet.
1746. MARY ROXBOROUGH was indicted for burglariously breaking and entering the dwelling-house of Thomas Morgan, about the hour of twelve in the night of the 7th of July, with intent to steal; and stealing 1 jacket, value 8s.; and 1 pair of trowsers, value 8s.; the goods of Thomas Morgan.
ANN MORGAN . I am the wife of Thomas Mongan, a bricklayer's labourer. On the 7th of July, we lived in Black Swan-court, Golden-lane, and occupied the lower room—on the 6th of July, I put my husband's clothes into the box, at the foot of the bed, between eight and nine o'clock
in the morning—it has no lock to it—left about eleveno'clock at night—nobody but my two children were in the room, and they were fast asleep—my eldest child is five years old—I locked the door, and put the key in my bosom—the shutters were fastened, and the room was quite safe—I returned at about oneo'clock, with my husband and a party who had been with me, and who lived on the first-floor—I opened the door with the key, as usual—we went to bed, and between eight and nine next morning I took the lid off the box, and seeing the bundle was not as large as it was when I left it, I looked and missed a jacket and trowsers from the buttom of the box—they had been under the bundle—my husband had gone out, and came home to breakfast, when I missed them—on Wednesday morning, about ten o'clock, Mrs. Kelly, who lives in the nighbourhood, brought these clothes home, and inquired for Mrs. Roxborough, to give tnem to her—she showed them to Mr. Clements—Mrs. Murphy was called down—Kelly gave the things into her hands—she is not here, she lived in the court—Murphy gave them to me—they were out of my sight from the time Kelly brought them till Murphy delivered them to me—I came into my own room; and whether I gave the things into Murphy's hands, or took them into my room, I cannot say, but I went in serch of a policeman—I gave the things to the policeman that morning—the prisoner lodged next door to me—I have know her some time—I was out of my room on Monday morning, but I was not absent long—I gave the things to the policeman before the prisoner was apprehended.
Cross-examined by MR. PHILLIPS. Q. Why is not Murphy here? A. She told me she would not come unless she was obliged. I understand there was a quarrel between Kelly and the prisoner.
HANNAH KELLY . I am the wife of Daniel Kelly, and live in Hartshorn-court. The prisoner is my husband's first cousin—on a Monday, in the beginning of July, about eleven o'clock at night, the prisoner came to my door, but did not come in—I expected her to come, and went to open to my door—she did not lodge with me, but she was aware that I and my husband had had a few words, and in consequence of those words, I told her I would not go to bed that night, but sit in the chair—she said I was not going tobed directly, she would, perhaps, call again—I said I would not go to bed—she came again at ten minutes to one—she said, "D----n the men! they are all alike; I have been obliged to run away from mine with his trowsers and Ned's jacket; he wants to take them away to pledge them to-morrow for liquo; I want to leave them in your care till I call for them"—she did not say when she thought of going away, she said, "Mrs. Kelly, I shall not take these things to-night, but will call for them in the morning"—I said, "Very well, ma'am"—before she went away, she said to me, "Has he (meaning my husband) asked you for these things?"—I said, "No; he put no questions about them"—on the following morning I had to go from home at ten o'clock, and expected to be from home nearly all day, and was afraid she would want the things while I was absent—I took them in my apron, and went in search of her residence—I inquired of a translator of shoes, at the corner of the court where she lived, and told him my business—Mrs. Murphy came to where I stood, and in a few minutes I went up to the prisoner's door—I had given Mrs. Murphy the clothes—she know me—I saw her again in about ten minutes, while I stood at the prisoner's door—she had not got the clothes then—I stood at the door till the prisoner came out with a policeman—I went to Worship-street
with them I saw Mrs. Morgan come down to the bottom of the court—Mrs. Murphy had gone up the court to her, I suppose, for Mrs. Morgan came down directly—Mrs. Murphy took the clothes from me—where she took them to I do not know—I gave them to her at the corner of the court—they were produced when Mrs. Morgan came—they were in my sight, as near as I can remember, when Mrs.Morgan, Murphy, and myself were together—I know nothing of them after I gave them to Mrs.Murphy—I never saw the handkerechief open which contained them—they were open when the prisoner brought them to me—I have not seen them since, except wrapt up in a handkerchief—I never saw them open, at I delivered them.
Cross-examined. Q. Who wrapped them in the handkerchief? A. The Pliceman, I suppose, My hushand was in bed at eleven o'clock the night the prisoner came—I saw nobody in the house but the prisoner—we have a gas-light close to the window—I did not take any notice of the clothes till Wednesday morning, when her cousin asked what she had left in my care—I then noticed them—it was at six o'clock in the morning I gave them to Mrs. Murphy, and when she came back she had nothing with her—the prisoner and I were not always good friends—I kept her at a distance—I was not her bitter enemy—we were on the most intimate terms till the Whitsunday previous—she never said my husband left a former wife to live with me—she has been the cause of a qurrel between us, but not on that subject—I have not had quarrels with her about my husband—I heard her speak ill of three years ago to him, and I kept her at a distance on account of his repeated warnings that she was no good—I live about a hundred yards from Morgan's house—I have repeatedly prayed for the prisoner—at the same time she is an enemy of mine.
NOT GUILTY .
First Jury, before Mr. Recorder.
GUILTY . Aged 26,— Transported for Seven Years.
1748. SUSANNA FRASER was indieted for stealing, on the 21st of July, 1 watch, value 20s.; 1 sheet, value 2s.; and 2 pillow-cases, value 1s.; the goods of Amelia Evans, her mistress; to which she pleaded
GUILTY . Aged 54.— Confined Three Months.
MR. PHILLIPS conducted the prosecution.
CHARLES WRIGHT . I am an attorney, and live in Ely—place. The prisoner called on me the 17th of May—I have known him all his life—he said he had just arrived from Portugal, because the Government of that country had no further need of his services—he said he was in great distress, and wished me to relieve him—I said I had a large family, but any trifle for his present wants, I would give him; but he had rich friends, and must apply to them—he said he had a claim on Mr. Bullock, an auctioneer in Holborn, from 90l., for goods sold for him, from his chambers in Gray's-inn, before he went abroad—the last time I had seen him he was
an attorney in practice—I undertook to see what the claims on Bullock was, and he was in the habit of coming to my office frequently about it—on the 6th of June, between ten and eleven o'clock, he came to the house—the arrangement was proceeding with Mr. Bullock's snilicitor—during the conversation, Mr. M'Laren came in, and I sent the prisoner into the back-office, and when Mr. M'Laren left the prisoner returnde into the front office, and said he wished to write a letter at the desk on my left side—I gave him some paper—this was about twelv or one o'clock—there was nobody but me and the prisoner in the office—at that time, my watch, chain, and seals laid immediately on my right—I left the office, leaving him there writing, and went up—stairs—I retunred in upwards of an hour, and did not find him there—my watch, and chain, and reals were gone—I did not see him again till he was at Marlborough-street—that was about a fornight afterwards—Mr. Pearce was in my back office—the front office leads into the passage, and then into the street—the outer door was shut—nobody could have gone into the front office from the street unless the door had been left open—there is a communication between the back and front office—nobody could come into the front office without being let in by somebody inside—I had a female servant down stairs—there was nothing to prevent her going into the front office.
Prisoner. Q. you stated you consented to bring an action against Mr. Bullock, for me? A. I did—Mr. Turner, of Bloomsbury—square, had partly consented to pay thirty guineas, and ten guineas coate—I told you, on the 6th of June, I expected the matter would he completed, but I had agreed with Mr. Turner that you should proceed to America, and they were to pay you on that condition—I told—you of that arrangement on the 6th of June.
Q. Did not you, about that time, have a correspondente of yours in town, from Suffolk? A. About that time I did—I did not go out with him that day—I went with him one evening, from seven to eleven o'clock—I did not tell you, on the 6th of June, that I had been out with him till three o'clock—I was not with him in Covent-garden that night—I missed the watch about two o'clock—I saw it while he was there—it lay immediately on my right hand—I should have been aurprised at the prisoner's going, if I had not missed my watch; for I had promisde to give him some silver that afetrnoon, which he said he wanted very badly—he asked me for it that morning, and I think ha said he said he had not a penny in the world—I had no silver about me at the time—between the 6th of June and his being in custody, I wnated to have conferred with him in the cause—Mr. Turner took out a summons before the Judge, to show cause why I should not give his address, and I did not know it—he was to have come to receive his money on the following Tuesday, which I informed him I had expected, and he had come almost every day, to know when it was to be settled.
MR. PHILLIPS. Q. The payment of the 30l. was contingent on his going to America, and you communicated that to him? A. Yes—I first saw him at Marlborough-street office, after the 6th of June—he was not here on my charge.
JOHN AUBYN PEARCE . I am clerk to Mr. Wright. I was in the back office on the 6th of June—I remember seeing the prisoner there—Mr. M'Laren had gone into the front office to master—I remember his going away—the prisoner then went into the front office—he afterwards came into the back office to me, and was looking over some writings—he asked
me what time the two-penny post went out—I said, "At two o'clock, I believe"—he appeared rather confused at the time—I after wards saw him at Marlborough-street—I remember my master returning down stairs to his office—there was no one but the prisoner in master's office from the time Mr. M'Laren left till my master came down—the prisoner generally wrote his letters by my side, in the back office—there was nothing to prevent his writing in the back office as usual.
Prisoner. Q. Was there no person in the back office besides yourself and me? A. Nobody in the front—William, the boy, was in the back—the boy had no business in the front office—I will not swear he did not go there—I do not recollect any other person coming in while you were there—I do not recollect a person coming with some meat from the market.
COURT. Q. Is William ill? A. Yes; and unable to attend—he is younger then me—if the front office door was shut, nobody could go into it without my knowledge—if the front door was open, a person might go in without my knowledge—there was nothing to prevent William going in without my knowledge—William was constantly with me from the time the prisoner came till he left, I recollect that—he was sitting on a stool by me for half an hour—the prisoner went away about two o'clck—he had come about ten o'clock in the morning—I found him there—he must have gone at two o'clock, because Mr. Wright, generally dines at that hour.
JOHN ALEXANDER M'LAREN . I remember going to Mr. Wright's office, on the 6th of June, on business—I left between twelve and one o'clock—when I left, the watch was lying on the desk on the right-hand side—I did not take it—nobody came in while I was there—the prisoner was there—Mr. Wright asked him to retire when I came in—I left the office before Mr. Wright.
ANN BARRATT . I am the prosecutor's servant. On the 6th of June, the prisoner was there—I know nothing about the loss of the watch—I did not take it—nobody called between twelve and two o'clock—there is an office bell, which the young men answer.
JURY. Q. Did a butcher call from the market? A. Yes; between twelve and one o'clock—I answered the door, and am sure I shut it—there was no other servant not any body in the house—the butcher never came into the house.
Prisoner. Q. Is there not a lodger at the house? A. No; nor any other servant—there was no lodger at that time, nor any body in the house.
JOHN AUBYN PEARCE re-examined. I did not let any body into the front office during that time—I did not hear the office bell ring—I am certain William did not answer the bell at all—I do not know who let Mr. M'Laren in—I heard of the loss of the watch about half-past two o'clock, as my master came down from lunch.
Prisoner's Defence. I called on Mr. Wright about the 17th of May, and employed him to do for me what I do not think I could have got any other person in the profession of the law to have done—it was to recover a sum of money to which I had no earthly right—he consented to do it, and, has told you, matters went on, proceedings were taken, and it being a family matter, he says they agreed to pay 30l. and ten guineas his costs, if I went to America—he says the following Tuesday was to be the day for paying the 30l.—I put it to any gentleman of common sense, whether, with the remotest possibility of receiving 30l. on the Tuesday, I should commit such an act—the reason I did not go to him afterwards was
this, the time for pleading had expired, and I understood the party intended to defend the action, and being in difficulties, I knew I should be watched into his office and arrested—another reason was, if the parties had made up their minds to defend the action, I must have dropped it; because they would have beat me by producing a most respectable friend, who would acknowledge he had received the money on my account, and paid it away, which would place him in a very awkward position—I had incurred a bill with Mr. Wright, and that was the reason I did not go to his house—the boy was in the house at the time; he is not produced—I still say he had a lodger, and that lodger a servant—why are they not called?—why not have the best proof in a case of suspicion?
NOT GUILTY .
1750. JOHN WADE and EUSTACE JONES were indicted for feloniously breaking and entering the dwelling-house of Jane Green, at the parish of St. Luke, Middlesex, on the 31st of July, and stealing therein I tea-urn, value 4l. her property.
RICHARD PUGH . I am a servant to Miss Jane Green, at Whiteland House, King's-road, Chelsea. On the 31st of July, between six and seven o'clock in the evening, I was in the garden, and saw Wade handing an urn out of the window to Jones—Wade was in the house, on the store-room window on the ground floor—Jones was standing outside—I had seen that window shut about an hour before, close, but do not know whether it was fastened—I had been in the store-room, and am certain it was shut down—it is part of the dwelling-house—there was third man standing in the road, who appeared to belong to them—Wade got out of the window, and Jones gave him back the run—they went out of the front garden into the road—the third man whistled and said, "All is right"—that was before Wade got out of the garden—they went down Turk's-row, by the Asylum wall, and up Sloane-street—Wade walked by himself, and Jones and the other man behind—Wade went up Sloane-street into the New-road—I went and asked a boy for a policeman, and I followed Wade and seized him—the policeman was close to me at the time—Wade said the two whom I saw with him gave it him to carry to Knightsbridge, and were to pay him for it.
Cross-examined by MR. PHILLIPS. Q. Had you known Wade before? A. No—it was about half-past six o'clock in the evening—I am certain wade was one of them—I should know the other two also—I saw them for about ten minutes; I was close to them—I do not think they saw me—the third man saw me—there was nothing to prevent their seeing me—I dare say they all saw me; but they did it before they saw me—Wade had the urn under his arm when he was taken.
Cross-examined. Q. Is the parish St. Luke, Chelsea? A. Yes—the urn is plated—it is my own—I pay the rates—it is the parish of St. Luke, Chelsea.
DAVID M'CANN . I am a policeman. The parish is called St. Luke in Chelsea—I saw the prisoner, about fifteen minutes before the robbery, come down King's-road from a public-house—I assisted in taking Wade with the urn under his arm.
Cross-examined. Q. You say you have heard the parish called St. Luke, Chelsea? A. Yes; I have always heard it called so, but I cannot be certain that is the name.
(Jones put in written defence, stating that he could prove he was elsewhere at the time of the robbery, for which purpose he called the following witnesses.)
JAMES TYLER . I have been a clerk in a merchant's office. I am out of a situation now—I was a clerk in Hamburgh last, in the house of Mr. Fisher—I left there last April—I was born at Hull—I live on an allowance from my father—I have known Jones about two months—he came to lodge in the same house as I did, and on Friday, the 31st of July, the day the robbery is said to be committed—I was with him from about half-past ten till a quarter past seven o'clock in the evening, when he left the lodging-house together with another young man to go to the rendezvous of the East India Company—he left the lodging-house No. 3, Church-lane, Saint Giles, with M'Gee, (who has since left the house—he knew last Friday that the prisoner was taken up—I cannot say why he does not attend)—he was no longer out of my sight than during the time he was in the office of the East India recruiting depôt—I took him there myself to enlist—he entered into the office, and came out again—the circumstance of his not appearing next day, makes me recollect this was the 31st of July—we remarked it—we expected to see him there as he owed something to the landlord—he was taken to the doctor of the East Inida Company next morning down at Chelsea—I do not know what has become of the man who has gone away—the prisoner had a dark blue frock coat on on the 31st of July, very much torn—as to the rest of his dress, I cannot say—he was not dressed in a drab coat—the man who was with him had a black-body coat and black trowsers—he left with him at a quarter past seven o'clock—we had been strolling about the street from ten o'clock that morning till a quarter past seven, and in a public-house, and from about five o'clock I was in the lodging-house with him—I was not at Chelsea, and did not go with hims there next day.
MORRIS MITCHELL . I rent two houses. The prisoner Jones lodged with me for a year and a half by the name of Jones—on the 31st of July, he was at my premises—he came in between five and six o'clock—the other man was with him—I cannot recollect his name—my house is No. 3, Church-lane, Saint Giles—the last witness lodged with me, his name is Tuney—the man in the black body-coat lodged with me—he left two or three days after, as he could not pay his lodging—he slept in the house the same night as Jones was committed—he knew he was charged with the r obbery—he was with him when he went to the office in Soho-square, on the 31st of July—I did not go with them, but they left my place at a quarter past seven o'clock to go there—I have a clock in my premises, and I noticed the time—I generally take notice of everything that comes in and goes out—he eat and drank before he went out—he had bread and butter, and tea or coffee—I do not recollect which—there was a fire in the room—he made tea himself—I saw him make tea and sit down—I was not out of the house while he was there—there are not many lodgers in the house at the present time, but there was one of them who is here—I cannot tell what time the prisoner took tea on the 30th of July; there are so many coming in and out—I recollect the 31st Well; as he told me as soon as he came in that he had enlisted in the East Inida Company—he said. "I am not to stop here to-night; but I will pay you accordingly, and I will have a cup of tea;" and with that he had a cup of tea, and stopped till a quarter after seven o'clock, till he went to Soho-square.
Soho-square at half-past eleven o'clock on the 31st of July, and enlisted into the servent, and after that left the premises—I saw no more of him till ten minutes past eight o'clock in the evening—I do not know Church-lane, Saint Giles—you may go to Saint Giles in three minutes from Soho-square, or to any part of it in ten minutes—a person at Chelsea at half-past six o'clock could get to Soho-square about eight o'clock, and have half an hour to spare—he slept at Soho-square that night, to go down in the morning to pass the doctor at Chelsea—he entered in the name of James William Jones.
RICHARD PUGH re-examined. I had no acquaintance with the prisoner before that evening—Jones's back was to me when the urn was handed out of the window—I saw his face when he was coming out of the gate—I did not see him all the time; mu attention was more directed to the man carrying the urn—they separated—I am not mistaken in Jones's person—I am sure he is the man—he did not speak at all—the third man was dressed in a dirty light jacket and blue trowsers—Jones had a dirty blue coat and a pair of dirty white trowsers.
DAVID M'CANN re-examined. I have not the slightest doubt of Jones—I had seen him the day the King dined at Lord Mansfield's—I saw him with the other prisoner and the third man, at Hampstead—I am sure he is the man I saw with Wade, about fifteen minutes before the robbery—he was dressed in a dark blue frock-coat, and whitish trowsers; dirty—I apprehended him in the Phœnix public-house, Chelsea.
DAVID M'CANN . That is not many yards from the public-house; I apprehended Jones, having seen him with Wade, and suspecting his—I had seen him go into the public-house—he was in company with a sergeant of the East Inida Company when I took him—I have not the slightest doubt of him.
(William Sellis, green-grocer, of College-street, Chelsea; John Georgel, Brompton-crescent; and Robert Everard, Oxford-street, gave the prisoner wade a good charactor.)
WADE— GUILTY .† Aged 21.
JONES— GUILTY .† Aged 23.
of stealing only.
Transported for Seven Years.
1751. MARY ANN WHITE and BRIDGET HILL were indicted for stealing, on the 28th of July, 1 watch, value 6l. 10s.; 1 sovereign; 4 half-crowns; 1 sixpence; and 2 1/2d. in copper money; the goods and monies of George Fowler.
GEORGE FOWLER . I am a servant out of place, and live at Hescott, near York, when I am at home. Between twelve and one o'clock on the night of the 28th of July, I met the prisoners in Thames-street, and went to a house with them near London-bridge—we did not go over the bridge—I went to bed with them both, and stopped till between five and six o'clock next morning; and when I awoke, my watch and money were gone, and the prisoners as well—it was a silver watch, worth 6l. 10s., a sovereign, two or three half-crowns, and some odd silver—I had put my watch on the table over-night, and my money into my trowsers pocket—I have since seen the watch—I never saw the prisoners before—I am certain of them—I was in their company for an hour before I went to bed.
White. I never saw him till he was a Bow-street.
COURT. Q. Were you sober? A. I was not tipsy—I had been drinking, but not much.
JOHN LAURANCE . I am a Policeman. On Tuesday, the 28th of July, about half-past seven o'clock in the morning, I was on duty in Drury-lane, and saw white walking near King-street—I saw something shining in her hand—she concealed it under her shawl on seeing me—I went up, and asked what it was—was—she said it was nothing to me—I took it from her, and found it was the watch—she said it was her mother's who lived in the New Cut, and who would give me every satisfaction how she came by it—I went to the maker, and found out the prosecutor—I wrote to Doncaster after him, on the Wednesday following he appeared against the prisoners—White had two shawls and a bonnet on—another constable—White was not in liquor, in my judgement.
THOMAS WILLIAM CARTER . I am a Policeman. On Tuesday morning, the 28th of July, I apprehended Hill in castle-street, Long-acre, very much intoxicated and disorderly—I searched her, and found on her a sovereign, four half-crowns, a sixpence, and five halfpence, in the sleeve of her gown.
GEORGE FOWLER re-examined. This is my watch—I bought it of Watts, in North Audley-street—I lost a sovereign, two or three half-crowns, a shilling, and two sixpences—I do not recollect having four half-crowns—I am certain the prisoners are the woman—I am more positive of Hill than the other, but I swear to them both—I was in the room about half an hour before I fell asleep.
JURY. Q. Where had you been? A. I was going down by the steam-packet, which was to sail next morning; but I was going on board at night, as it started at half-past six o'clock in the morning—I was not tipsy, but I found the gate of the Custom-House locked, and could not go on board—I met the prisoners in Thames-street, and went with them, meaning to return at six o'clock in the morning, I did, and went off by the packet.
White's Defence. I was not near London-bridge that night—I was with some females, and was in liquor—I awoke in the station-house, and the policeman charged me with having the watch: but how I came by ot, I do not know—I never saw the gentleman before he was at Bow-street.
Hill's Defence. I never saw the man before—I had the money from a gentleman who saw me very much in distress the night before.
WHITE— GUILTY . Aged 19.
HILL— GUILTY . Aged 17.
Transported for seven years.
JAMES HUNTLEY . I am a labourer, and live with my father, at No. 3, Garden-terrace, Thames-bank, Chelsea. The prisoner lodged there four or five months—on the 28th of July, he left the house about half-past seven o'clock, and in about half an hour I missed these things from the room he slept in.
JAMES WALKER . I am a gardener, and live in johnson's-place, Thames-bank. I heard of the robbery, and took a Policeman to a puplic-house at Paddington—I found the prisoner, and gare him incharge—he said he knew nothing about it—at the station-house he said he was no thief, nor
any rogue; that he went to bed the night before with the intention of doing it, and got up next morning and did it, as he wanted to go.
THOMAS TRINGHAM . I am a Policeman. I went with walker to the Bank of England public-house, and found the prisoner; he said he knew nothing about it—I took him to the station-house, searched him, and found on him the prosecutor's trowsers, and two duplicates for the cost and waistcoat; one pawnbroker gave the waistcoat up—he had three pairs of trowsers on—the prosecutor's were next his skin—he said at the station-house, what walker has stated—I found 5s. 9d. on him, which he said was part what he had pawned the property for.
(Property produced and sworn to.)
GUILTY . Aged 32.—Recommended to mercy.— Confined Two Months.
JAMES BRYANT . I am in the service of my brother, Robert Bryant, No. 123, Tottenham-court-road. He keeps a shoe-shop—the prisoner visited a lodger in the house, and she sometimes slept there with the lodger—I concealed myself in the shop, on the 9th of July, and watched—I saw her come down stairs, and take one pair of boots and one pair of shoes—she returned up stairs—I went and informed my father, and in a quarter-of-an-hour after she came down and went out—I followed her, and gave her in charge, and the shoes were found on her.
HENRY BOLTER (police-constable E 72.) I took the prisoner into custody, and found a pair of shoes and a pair of half-boots on her, and a duplicate—I believed she was in distress—I found a quantity of duplicates for wearing apparal on her.
(Property produced and sworn to.)
(The prisoner pleaded poverty.)
GUILTY. Aged 25.—Recommended to mercy. — Confined Two Months.
NEW COURT.—Wednesday, August 19, 1835.
Third Jury, before Mr. Common Sergeant.
1754. FREDERICK HADRILL was indicated for stealing, on the 6th of July, 2 1/4 yards of Denmark satin, value 10s.; 3 pairs of upper leathers, value 2s.; and 1 1/2 yards of silk, value 1s.; the goods of Joseph Borsley, his master. JOSEPH BORSLEY . The prisoner was employed as a journeyman clicker, in my service, for about three weeks previous to the 6th of July—after his leaving me, I had occasion to examine a piece of Denmark satin strip, and I saw that a piece of it was gone, because it had been cut straight—in consequence of this, we went after the prisoner—we found the trowsers which were cut of this piece on him—we had reason to believe that they were part of that piece—I can swear to it, because I never saw a piece of stuff like it before nor since—we cannot tell how much we missed; but, judging by the trowsers, it was about two yards—he, and no one else, had an oppertunity of taking it.
Cross-examined by MR. CLARKSON. Q. I believe he appeared a poor half-witted, stupid fellow? A. Yes; he seemed to be incapable of conducting the business—he had a good chracter—he acknowledged before the Magistrate that the upper-leathers were mine.
(The prisoner received a good character, and his brother promised to provide for him.)
GUILTY. Aged 24.—Recommended to mercy .— Confined One Month.
WILLIAM HOLLIDAY . I am shopman to Isaac Simpson, of Ludgate-hill. At half-past eight o'clock, on the 23d of July, the prisoner came and asked for some cravats—he took a chair, and sat by the counter, while I was attending to a customer—I observed him take off his hat, and put some handkerchiefs into it—I then served the prisoner—he gave me half-a-crown—I said I had not got change—I went next door, called a lad, and sent for an officer—a scuffle ensued—he attempted to take off his hat, and throw the handkerchiefs among some others, but I prevented it, and saw them fall from his hat—these are them.
Cross-examined by MR. CLARKSON. Q. These are the handkerchiefs? A. Yes. I did not say before the Magistrate that I could not speak to them, because they had fallen among others—there was a person, who I suppose to be an associate—this is the piece he threw down—it has not been selected since—three or four fell with it, but this peice did not fall among them.
Prisoner. He selected this piece from others; if the officer was here he could prove it.
GUILTY . Aged 22.— Transported for Seven Years.
MARGARET DICKINSION . My husband is bailiff to Archibald Paris. The prisoner was employed in threshing—on the 10th July, about three o'clock, I went into the barn when he was absent, and saw some beans in his dinner-bag; I put my hand in and felt, and there were three pints or two quarts of beans—I then went to look for my husband, and met the prisoner about six o'clock, with some potatoes and beans—I took them from him.
Cross-examined by MR. PHILLIPS. Q. Did he not give them up? A. Yes; the prisoner had been ten years in Mr. Paris's employ—he had a large bag on his back, with some potatoes in it—this bag with the beans in it, was round his neck, under his smock-frock—I did not see him the next morning, but I heard that he came to his work as usual—he has a wife and some children.
Cross-examined. Q. There are multitudes of beans of the same kind? A. No doubt; but I should think not within three miles—Mr. Paris does
not trade in these things, he is a Russian merchant—the prisoner came the next morning to beg pardon, and asked me to let him go to his work—Mr. Paris did not allow his servants to take little things away.
GUILTY. Aged 46.—Recommended to mercy. — Confined Seven Days.
MR. BODKIN conducted the Prosecution.
JOHN HOLDEN . I am in the employ of Mr. Bradley. He buys cheese of Mr. Dawes, of Chichester—they come to town by Moles' waggon—on the 5th of August, 1834, the prisoner called, and I paid him 1l. 15s. for the carriage of some cheese, which had been delivered before—this is the receipt he gave me—he wrote it in my presence.
Cross-examined by MR. PHILLIPS. Q. Do you mean to swear that you paid the prisoner yourself? A. Yes; I believe it was on a Tuesday—I paid him in the counting-house—I do not think any one else was there—I brought this book because I have entered the money in it.
GEORGE PERRY . I am clerk to Messrs. Moles, of Newgate-street. They deal with Mr. Burch, of Chichester—on the 13th of December I paid the prisoner 5l. 12s. 6d. for the carriage of some cheese—he gave me these two receipts—out of the 309 loaf-cheese which were received, eleven were broken, and we deducted 10s. for them.
Cross-examined. Q. For whom did you pay it? A. For the agent in London, Mr. Pritchett, to be transferred to Mr. Burch—it was for the carriage of the cheese—we paid it, that it might eventually get to Mr. Burch—it was paid on his account.
EDWARD PRICHETT . I and another person are proprietors of the Bell inn, Warwick-lane. It is a wagon office—Mr. Dases sends cheese there—when it arrives, it is delivered according to the note which the carman takes out—I am answerable for the money to Mr. Dawes—the prisoner was in our employ, and was to receive any money he was sent for, and account to Mr. Wrangle for it, and enter it as received in the cash-book, which I hold in my hand—here is no entry of 1l. 15s. on the 5th of August, and he never accounted to me for it—on the 13th of December, here is credit given to Messrs. Moles for 2l. 5s. 6d.—he did not account to me for any more of that—these receipts are the prisoner's writing.
Cross-examined. Q. Were you examined at the office? A. Yes—if the prisoner was desired by Mr. Wrangle to receive money, it was his duty to do so—he was authorized to receive money by me and my partner—I said in the first instance that he was not, but I was prevented from explaining—the Magistrate called up Holden before I had time to explain.
Q. Do you mean to say that you tendered him the slightest explanation, and he refused to hear it? A. No, I did not—I cannot be positive whether I swore that the prisoner was not authorized to receive money on our account—I said he was not allowed to receive money, meaning this particular money—he never was sent out by me to collect these monies—it was his duty to sit at the desk and receive any money—I have only one partner.
JURY. Q. Did you ever send him to collect money? A. I do not know that I did—it was left to Mr. Wrangle, if he desired him to collect money he would do it.
JOSEPH WRANGLE . I was clerk to the prosecutor in August and December last year. The prisoner was my fellow-clerk—it was his duty to copy bills, to enter them in the book, and to do any thing that I desired him—he received money among other things, and it was his duty to pay it to me, or enter it in the receiving-book—I do not recollect that he accounted to me for 1l. 15s., received on the 5th of August, and it is not entered in the book, which it would have been if he had paid it—on the 13th December, here is entered 2l. 5s. 6d., and no more—we transmitted to Mr. Dawes once a month the money we received for him—here is an account of the delivary of eight-three cheeses to Mr. Bradely, on the 7th of July—the carriage is 1l.15s.—this receipt of the 1l. 15s. is for the carriage of those cheeses—the prisoner here charges his employers with the receipt of it on account of Mr. Dawes, but has not accounted for it—on the 13th of December, here is an entry of 2l. 5s. 5d., in the prisoner's writing—in this book, here is an entry of a consignment of cheeses to Mr. Bredley—the charge for carriageis 1l. 15s.,—there is in the column beyond, "T. Burch," which is the name of the person the chees came from—it is in the prisoner's writing, and written on an erasure—when this account was transmitted to Mr. Burch, the sum of 1l.15s. must have stood there.
Cross-examined. Q. Did you make out the statement? A. No; the prisoner did—I do not recollect whether I was there when he made it—I might have been—I can swear those figures were there when he made it—I cannot be positive that I saw them, but the bill was copied by the prisoner into this book—the figures have been here, but I cannot swear that I saw them—I do not know that I cast up this column.
(George Thompson, a baker, of Falcon-square; George Serjeant, a newspaper vender, of Butcher-hall-lane; and George Shepherd, an engraver, of Red Cross-square, gave the prisoner a good character.)
GUILTY . Aged 19.— Transported for seven years.
MR. BODKIN conducted the Prosecution.
HARDY JOHNSON . I am a grazier, and live at March, in Cambridgeshire. The prisoner was a drover, in my employ for many years—he took beasts to London, and sometimes received the money, which he brought to me, or paid to the agents of the Wisbeach Bank—on the 13th of April, I sent him to London with some beasts—he returned on the Tuesday or Wednesday following, and left this market-bill at my house—here is written upon it "99l. 19s.," stated to he the balance; and against that is written "Wisbeach Bank"—I believe it is the prisoner's writing—it is written over the word "Ditto," which had been written there before—from the words "Wisbeach Bank," I expected it had been paid to the agents of the Wisbeach Bank, in London.
Cross-examined by MR. PHILLIPS. Q. Was not the prisoner a beast-salesman? A. No, he is a bullock drover and a sheep salesman, but not a bullock salesman—they were bullocks which he brought on this occasion—I had not given him any specific direction with respect to these particular bullocks—he has received money and brought it to me; and at other times he has paid it into the bank—it was his duty to pay it to myself or into that bank; but in this instance I did not give him any direction at all—I have given him authority to receive money from Mr. John Green, I gave him no order for this—I do not look to Mr. Green for the money—I look to
the person who got it—I look to the prisoner, who I expect got it—I never threatened any proceedings against Green, nor directed any—the prisoner was my drover and servant, and I expected him to bring me my accounts properly—if he or somebody else had not written "Wisbeach Bank" over this, I should have said, "where is my money?"—I believe some conversation took place between Mr. Cole and me on this subject.
Q. Will you did not say to him, "I have nothing to say to Corthorn: I shall look to Green for the money?" A. No; I will swear I did not—I never said to Cole what I intended to do—I never said I looked to Green for the money—I never said to Hill that I had nothing to say to Corthorn in it—my attorney is Mr. Barley, of March, my son-in-law—I do not know whether I gave him any direction to write Green on the subject of this money—I will not swear that I did not—I am not aware that I did—I discovered that this money had not been paid into the Wisbeach Bank on the 19th of May, when I received a letter from the Prisoner's attorney, I think of the name of Fisher—I do not recollect whether I directed my son-in-law to write to Green—if I did, it has escaped my memory—we certainly had some talk about it—Hill and son, of west Smithfield, are Green's bankers—I desired my son-in-law to write to them, as an attorney, as being Green's bankers—I do not recollect what I directed him to write to them for—it was to inquire for the money, I expect, from Hill.
Q. Did you not direct him to demand the money from Hill as Green's bankers? A. No, I never did—I did not tell him to write to say that Corthorn had no authority to receive money—I told him to write, to make some inquiry about the money—I did not know that I mentioned Hill—I desired him to write somebody—I expect he did write to Hill—I believe I desired him to write.
Q. Was it not after you found that the money had not been paid into the Wisbeach Bank, that you desired your son to write to Hill? A. Yes, as the banker of Green, after I found Corthorn was insolvent.
Q. Was it not for the purpose of getting your money from Hill or Green that you desired your attorney to write to him? A. No; I expected the money was somewhere—I had nothing to do with Hill or Green—as soon as I found I was minus, I gave my attorney instructions to write to London, to endeavour to find where the money; was and what had become of it—it was not to make a claim of the money; it was to know what had become of it—I did not know who had it—I judged the pirsoner had had it, from "Wisbeach Bank" being written over the word "Ditto."
MR. BODKIN. Q. Had the prisoner, in consequence of these verbal orders of yours, received money from the said parties? A. Yes, and I had acknowledged that a great many times—I never had countermanded that, and directed him not to receive the money.
COURT. Q. Had he authority to receive these monies from several persons, or from one person? A. Always from Hill's bank.
JOHN. GREEN . I am beast salesman. On the 13th of April, I sold six beasts for Johnson, which were brought by the prisoner—the money was paid to Hill's bank, as is the invariable practice—three of these beasts were sold to Serivener, and three to Allen.
Cross-examined by MR. CLARKSON. Q. Is it the couse of dealing that the butchers who purchase the animals pay the money to Hill and Sons at their convenience? A. Sometimes we compel them to pay before we untie
them, but they generally pay it to Mr. llill; and in this instance the beasts were delivered directly, but I did not send to see if they were paid for—I knew the men were good men, and I let them go—I had a letter, which I took to Mr. Hill, and desired his son to answer it—it did not make any demand of money—I van recollect it pretty Well—it said that they had suspicion that Corthan had altered the bill for the beasts sold on such a date, and begged me to let them know if it was so.
HENRY WILLIAM BRAND I am clerk to Hill and Co.; they are bankers to Mr. Green. I paid 3l. for the driving of the beasts, and 99l. 19s. for Mr. Johnson—this was on the 13th of April—I paid it to the prisoner—I had known him from his coming to us occasionally—he said he was to take the money—he had received money for Mr. Johnson before, and it was in consequence of that I paid him—this paper is not in the state it was when I gave it him—it has been altered—there has been "Wisbeach Bank" written over the word "ditto," which signified that the money was paid to the prisoner.
Cross-examined by MR. CLARKSON. Q. How long have you been at Hills's? A. Four years. I knew the prisoner's person.
RICHARD JEFFERYS . I am clerk to Jones and Co., Smithfield. They are bankers, and have an account with the Wisbeach Bank—this is their book—here is no sum of 99l. 19s. paid to the credit of Mr. Johnson.
The prisoner received a good character.
GUILTY. Aged 32.—Recommended to mercy by the Prosecutor.
Confined Three Months.
1759. JAMES BROWN was indicted for stealing, on the 4th of August, 2 gowns, value 8s.; 2 aprons, value 1s.; and 1 flannel petticoat; the goods of Elizabeth Davis; and that he had been before convicted of felony.
GEORGE CATHERL . I am a stable-man, and live in Carlton-mews. On the 4th of August I saw the prisoner in the saddle-room of Sir Matthew White Ridley—he took two gowns, two aprons, and a ftannel petticoat out—I followed him, and gave him in charge to the police—he dropped the things and I took them to the office.
GUILTY . Aged 19.— Transported for Seven Years.
HARRIET OLIVER .—I am not the wife of Thomas Oliver, but I have lived with him three years. On the 7th of August I saw a young man take this handkerchief from the prosecutor's pocket, and give it to the prisoner
Cross-examined by MR. JONES Q. Where was the prisoner when the handkerchief was taken? A. They were walking up King-street, talking together I did not see them more than a moment—it was a little after three o'clock.
Cross-examined. Q. Was there any other boy there? A. I do not recollect—I seized the prisoner, and detained him—he did not order any beer, to my knowledge.
Prisoner. I know nothing about it. The house was full of people—I had a ship to go to on the next Saturday.
GUILTY . Aged 17.— Confined Six Months.
WILLIAM OWEN BIGGS . I live at poplar, and am a lighterman. On the 18th of July I went to Billingagate and I took rather more than I should—I did not know what I was doing—I had a watch—I saw the prisoner come to me with a cab
SAMUEL LYONS . I drive a cab, No.1084. on the 18th of July, at eleven o'clock at night, the prisoner hired me in Ratcliffe-highway—he said there was a man drunk, who wanted to get home—I took the witness up, and we went on to park-street, poplar—Mrs. Biggs opened the door—she let us in—she took Mr. Biggs's watch and laid it on the sideboard, near where the prisoner stood—we were engaged in talking the handkerchief off Mr. Biggs's neck—he was very ill—he had been drinking, but he knew what he was doing—Mrs. Biggs was in the act of going up-stairs for a pillow, and she said, "I may as well take the watch up"—she turned, and it was gone, and the prisoner was gone at the same instant—I did not take it.
Cross-examined by MR. DOANE Q. Was not the prosecutor so had that he could not get into the cab? A. He was walking towards his own home; the prisoner told him he had got a cab, and he was to get in—he could not take the watch while he was in the cab, as the prosecutor sat completely double, he was so poorly—Mrs. Biggs asked me to take off his handkerchief—I did not see the prisoner go—I had a coach of my own, but I lost it by bad fortune five months ago—I live at No.9, Back Church-lane—I stopped an hour and a-half at Mr. Biggs's—I would not go till the policeman came
ELIZABETH BIGGS I am the prosecutor's wife what the witness has stated is true; the prisoner took the watch from my husband's fob—I did not take it out; it was put on the sideboard—I was going up stairs afterward, and the prisoner was gone, and the watch.
Cross-examined. Q. Did you go up stairs afterwards? A. No; I did not leave the room for some time—I went for the policeman—the cabman remained about an hour and a half.
Prisoner's Defence. I got the cab for the prosecutor—we got him home, and Mrs. Biggs asked me to assist in getting his watch out, which I did—I then said, it was of no use my staying, and I went home—the next morning.
the officer came, and asked if I knew any thing about the watch—I said I did not—I was then taken.
NOT GUILTY .
THOMAS GEORGE RICKETTS . I live in Devonshire-street, Lission-grove, and sell fruit. I employed the prisoner on the 11th of July; I gave him sixpence and his tea—I had a box with two sheets in it, and I missed one of them on the Sunday following—I saw him that evening and I asked him about it—he said he had not had it nor seen it—I said the lodgers had seen him go through the passage to the yard three times—he then said he had pawned it at Till's, in the name of Henry Smith—I believe this is it, but there is no mark on it.
DAVID LYNCH (police-constable D 64.) I took the prisoner—the prosecutor charged him with stealing the sheet—he said it was pawned at Till's in the name of Hentry Smith, and he had torn the duplicate—I went and got the sheet the next morning.
Prisoner's Defence. The prosecutor took me out with him at one o'clock, and kept me till six; he gave me some tea and 3d.—he told me to come at ten o'clock, and he would give me some supper—I went, and his wife could not get supper—the prosecutor afterwards asked me when the sheet was—I said I had seen none.
GUILTY . Aged 17.— Transported for Seven years.
ROBERT BLATCHLEY . I was in Covent Garden market on the 12th of July, looking at some birds exposed for sale—I felt something at my pocket—I turned and saw the prisoner in the act of concealing these two handkerchiefs, which had been in my pocket—I followed him to a public-house—he went in at one door and out at another—I told the policeman, who took him, and found them in his bat.
Prisoner. Have you any mark on them? Witness. Not to the best of my knowledge; but I had two, resembling these, in my pocket.
(The prisoner put in a written defense, stating that he had found the handkerchiefs in the market.)
GUILTY . Aged 21.— Confined Six Months.
Prisoner, My mistress said she would forgive me. Witness. I said I
would, if she told me before the policeman came; but she would not till she was taken; she then confessed.
GUILTY . Aged 16.— Confined Six Months.
WILLIAM BETTS . I am shopman to William Palfrey, of the Commercial-road. On the 22nd of July, I watched the two prisoners, who wers together, and seemed to be acquainted—I saw Gredna ent these shoes down form my master's door, and walk off them—I did not see Maddox at that time—I had lost him—I ran after Gredus, and took him with the shoes in his possession—these are them—there are six pedra of them. Gredus. I saw them lying down, and took them up. Witness. No; he cut them down, and the knife was found in his possession.
GREDUS— GUILTY . Aged 14.— Confined One Month, and Whipped twice.
MADDOX— NOT GUILTY .
1766. WILLIAM RALPH and JAMES HUMPHRIES were indicted for breaking and entering a building within the curtilage of the dwelling-house of Solomon Cohen, and stealing therein 1 shawl, value 10s. shirts, value 5s.; and 1 handkerchief, value 2s.; his property.
Cross-examined by MR. PHILLIPS. Q. Was it raining at the time? A. Yes; they apopeared to be avaiding the rain—I did not speak to them.
SARAH JACKSON . I am laundry-woman to Mr. Solomon Cohen—he lives in Canonbury-place, in the parish of St. Mary Islington—he has a laundry there—I left it safe between seven and eight o'clock on the 17th of June—I went in on the following morning, between seven and eight o'clock, and missed the shawl, the handkerchief, and shirts—the door was open—the lock had been pushed back.
(property produced and sworn to.)
Ralph's Defence. I bought this shirt in Petticoat-lane—I was not in London for three weeks after these things were stolen—I travel with goods.
RALPH— GUILTY . Aged 18.— Transported for Seven Years.
HUMPHRIES— NOT GUILTY .
Cobourg-road. I was holding his horse and gig in Mile-end-road, on the 18th of July, when the priosoners came up, and Whiteman asked me to take 1d. for my job—they then began to pull the horse about, and Baker ran behind the cart—I then missed the jackedt and apron from the cart—I said "I had been robbed"—Whiteman said, "If you say I robbed you, I will jump your b—y guts our" I had seen this jacket and apron in the gig—there were five or six others with the prisoners.
Whiteman's Defence. I did not take the things—I was talking to some boys, and they said they had got something—one of them threw the jacket at me.
Bakers's Defence. I did not have the things, and should have had none of the money.
---- CASTLE. I have known Baker three years—he always bore a good character.
COURT. Q. Do you think you must have known if any thing had happened to him? A. Yes; I live about half a mile from him—I have seen him constantly three or four times a week—I have seen him once a week every week; and he has always borne a good character, and never was away for any time—I do not know that he was in the House of Correction.
Q. Have you not heard that he was there for a little offence. A. He was. (This witness was committed.)
BAKER— GUILTY . Aged 14.
WHITEMAN— GUILTY . Aged 13.
Transported for Seven Years.
CHRISTOPHER FIDGE . I am in the service of Mr. Charles Wright—the prisoner was in his service—on the 12th of June I gave him 6l. 4s. 10d. to pay to Edward Scott, the carrier, for goods received from Mr. John Dee.
EDWARD SCOTT . The prisoner came to me on the 12th of June—he gave me a bill, and 5s. 8d. for the carriage—he said the money was to be paid into the Cambridge bank, for meat that came from Mr. John Gee, of Sherborn.
Prisoner. I did not give you the bill—a lad came, I offered him the bill, and he said Mr. Gee would be in town, and I must pay him—I paid the lad 5l. 10s.—you were not in town that day. Witness. Yes, I was, and you paid it to me, and gave me the bill—you came to me the week after, and said the money had been paid into the wrong bank—he said they paid it into the Bury bank—and then he said they had paid it into the Sudbury bank.
Prisoner. It is not worth while my standing here to tell what is not true, I acknowledge myself guilty—I had been led into expences, and my salary being too small to support my wife and family, I was induced to apply the sum mentioned to my own use, and had I been at liberty, I should have repaid it—but it was not this witness that I saw.
GUILTY . Aged 35. Transported for Seven Years.
The prisoner pleaded guilty to a second charge of embezzlement.
1769. JAMES FOLES was indicted for feloniously receiving on the 11th of July, 2 knives, value 1s.; 4 forks, value 1s. 6d.; 1 wine-glass. value 1s.; 1 tureen, value 2s.; and 1 scallop-shell, value 2s.; the goods of William Woods, well knowing them to have been stolen.
MR. DOANE conducted the Prosecution.
HENRY CARPENTER . I am in the employ of Mr. Garnham, an iron founder in Brick-lane. On the 11th of July I was digging for some sand, and found the articles named in the indictment—I called a man to look at them—I then asked the prisoner if there was any thing in the corner which belonged to him, he said, "Yes," I said I had broked the sugar jar—he said, "B----you, and the sugar-jar too"—he said, "Connolly had brought them there, and that a woman was going to call for them on the morning—I afterwards saw the prisoner go the hold and take something away—he went up stairs with his wife to where they live.
Cross-examined by MR. PHILLIPS. Q. He told you Connolly brought them there? A. Yes; I am sure he mentioned that name.
JAMES HANLEY . I am an officer. On the 13th of July I went to the prisoner's room, and found these articles I—told him I understood they had been found buried in the sand, and I suspected they had been stolen—he said some man had brought them to him—I took him to the office and he said the man's name was Connolly—I asked if he could account for their being buried in the sand he made no answer—I had not then discovered who the property belonged to.
WILLIAM WOODS . I am proprietor of the Castle and Falcon, in Aldersgate-street. I had a person named Smith in my service—I know the prisoner's wife as coming to my house—on the 14th of July I went with Hanley to the prisoner's room—the officer had these things then in his possession—I had missed a wine-glass of this description—and these other things I believe to be mine.
Q. You could not swear to these things? A. No; I have no mark on them.
JOHN GARNHAM . My premises are in Brick-lane. The prisoner was employed in my foundry—I went into the room occupied by the prisoner and his wife on my premises—he has been a faithful servant to me for eight or nine years.
JOHN CONNOLLY . I am a painter and glazier, and live at Dalston. I went to the prisoners after the things had been found—he told me some things had been found in the sand, and he had said that the child's father brought them there (I had a child there for three weeks)—I flew into a passion, and said, "Why do you encourage Mary Smith here?"—if I had had a pistol I should have shot him—he said his wife was out and he had not the key of the room—I believe Mary Smith and his wife ought to stand where he stands.
NOT GUILTY .
1770. MARIA MARTIN was indicted for stealing on the 13th of July, 2 sheets, value 4s.; 2 pillow-cases, value 1s.; 1 basket, value 1s.; 2 keys, value 2d.; the property of James Gardiner; and that she had been before convicted of felony.
HANNAH GARDINER . I am the wife of James Gardiner, and live in Pettys-court, St. Pancras. The prisoner occupied a room there till the 13th of July, when she quitted, and next morning I missed these articles—these are my sheets.
Wardour-street. I produce these sheets, but I did not take them in, they Were pawned on the 13th of July, by a woman, I suppose.
GUILTY . Aged 30.— Transported for Seven Years.
---- ROBINSON. I was the wife of Robert M'Ewen Robinson—he is dead—the prisoner was our servant—she left on the 6th of July—we missed this spoon soon after she left—it is like our spoon, and I believe it to be ours—these sugar-tongs I am sure were ours, they are an old-fashioned pair, but I can sear to them.
Prisoner. she was not living with him—she was in the country. Witness. He tole me on his death-bed that it was his property.
NOT GUILTY .
NOT GUILTY .
1773. JAMES WESTERN was indicted for stealing, on the 14th of July, 1 looking-glass and frame, value 1s.; 1 dish, value 6d.; 1 mug, value 2d.; and 1 pair of scissors, value 4d.; the goods of John Clark Jones.
SUSANNAH JONES . I am the wife of John Clark Jones, of Bowling. green-lane. the prisoner lodged with us a considerable time—these articles were let to him with the room—on the 14th of July, he had been out several times—I went, up and found a padlock was on his door—he then came down with an easel in his hand—I went to stop him—he resisted, and struck me—I said I would give him in charge—he went up stairs, and said, "Now stop me with my basket of coals"—I gave him in charge, and we found these things in the basket—they are my husband's, and are worth about 1s.
Prisoner. I do not deny that they are hers, but when I took the room I found every thing of that kind myself—we lived there two years, and during thet time we might have borrowed a few things of her—when I was moving I put these into the basket by mistake.
NOT GUILTY .
Fifth Jury, before Mr. sergeant Arabin.
1774. OWEN SULKLIVAN was indicted for stealing, on the 17th of July,1 trunk, value 2s.; 5 gowns, value 3l.; 7 petticoats, value 12s.; 6 collars, value 6s.; 12 pair of gloves, value 12s.; 1 pair of boots, value 1s.; 1 pair of shoes, value 2s.; 1 yard of silk, value 3s.; 2 shawls, value 15s.; 7 handkerchiefs. value 1l.; 11 pair of stockings, value 11s.; 2 yards of calico, value 8d.; 2 aprons, value 3d.; 12 yards of lace, value 1l. 1s.; 1 band, value 1s. 1 candlestick, value 2s.; 1 neck-chain, value 5s.; 1 snuff-box, value, 1s.; I eye-glass, value 1s.; and 1 knife, value 6d.; the goods of Thomas Larkin. 2nd Cound, stating them to belong to Mary Russell
THOMAS LARKIN . I am a carrier from Battersea to London. On the 17th of July, I was employed by Mary Russell to fetch two trunks from Bulstrode-street I got them in my cart; I then went with them to Kingsland-road, to get a sack of flour; it was them about five o'clock; I left my cart for about two minutes in Union-walk, Kingsland-road; it was a common carrier's cart, boarded behind; when I returned, I missed one of the trunks; I inquired of a woman, who told me some men had got it, and gone round the corner, and the policeman after them—I saw the turnk at the police-station in about ten minutes, and knew it to be the one I lost, because I corded it myself, and tied these elogs on it—the direction was in my pocket.
WILLIAM HOLLAND (police-constable N 146.) On the 17th of July, I was in Union-street, and in consequence of some information I ran into Hackney-road, towards Shoreditch, and saw the prisoner carry this trunk on his shoulder; he turned and saw me; threw it on the ground, and ran away—I came up to where the trunk was, and gave Backhouse charge of it, while I pursued the prisoner—he went on to Bateman's-row, and as he turned there I lost sight of him for half-a-minute but when I turned, I saw him running, and a gentleman stopped him—I came up and took him, he said, what did I want him for?—I said, "For having that trunk"—he said, he had had no trunk—I said, he had—he said, if there were no better officers than me, he would kill me—I am certain he is the man that had the trunk.
Prisoner. I had seen no box.
GUILTY . Aged 23.— Transported for Seven Years.
JAMES ROUS . I drive Mr. Kent's waggon to Abingdon. On the 2nd of August I was in Brentford. I had three baskets tied behind my waggon; I passed on through Ealing, and saw the prisoner in custody of the policeman—I followed him, and found this basket—it was one which had been tied to my waggon—I had brought fruit to town in it, but it was empty then.
THOMAS POYNTER (police-constable T 156.) I was at Old Brentford, and saw the prisoner run from the footway, and take this basket from behind the waggon—he dragged it from the string and broke the handle—I ran and took him.
JOHN PASCOE (police-sergant T 19.) I was at Old Brentford about one o'clock in the morning, on the 2nd of August—I saw the prisoner run behind the waggon, take hold of the basket, and tear it away from behind—I
took him—he asked me to forgive him, and asked if the waggoner would—he said, he did not mean to steal it.
Prisoner's Defence. I had been having a drop of beer with a party, who told me they had seen my wife, who had run away from me for ten weeks—I then said I would ride home—I took told of he baskets, and this one came down—I did not mean to steal it.
GUILTY . Aged 25.— Transported for Seven Years.
LOUISA HENDRY . I am sister of Maria Hendry—She has one sister in partnership with her—they live in Portland-street—on the 3rd August, I was standing in their shop about three o'clock in the afternoon—the prisoner ran to the door, took this shawl from the window, put it under his coat, and ran away with it—he was brought back by a gentleman with it.
JOSEPH NIFTON (police-constable D 118.) I was passing through woburn-place, about four o'clock—I saw some persons—I went up, and a gentleman had the prisoner by the collar, and this shawl—I took him to the prosecutrix's shop—I then took him to the station—he asked me what I thought the Magistrate would do with him—I said, I did not know—he said he had found the shawl—I said that could not be the case for a gentleman on horseback had pursued him—he then said, it was his first offence, and he hoped he should not be sent to Newgate.
Prisoner's Defence. I was going along; three boys rushed out of the shop, and dropped the shawl; I took it up.
GUILTY . Aged 19.— Confined for Six Months.
ELIZABETH ABEL . I know the shop of Mr. Jacob Russell; he is a pawnbroker, in Fore-street, Cripplegate—I saw the prisoner go to these trowsers, which hung on a string—he rolled them up to the top, then snapped the string, and took them away—I gave information.
Prisoner. Q. Did you go into the shop to give information? A. No; I just stood at the door—I did not lose sight of you—I saw you drop them.
Prisoner's Defence. I was in London-wall, and was taken by some men—the woman then came, and said she saw some man take the trowsers, and she went and told the shopman, but she told the Magistrate she never lost sight of me.
GUILTY . Aged 22.— Confined Three Months.
into the parlour cupboard; and at five o'clock in the afternoon the prisoner asked me to let her go home for a cap—she went, and came back and said her mother was not at home—at seven o'clock I paid her her wages and dismissed her—the next morning I missed the spoon—this is it.
ROBERT DAWSON . I am a pawnbroker. This spoon was pawned by the prisoner for 5s.—she said it was not for her mother, but for Elisabeth Massinger who was a highly respectable woman—I had known her for five years—it is worth about 10s. or 12s.
(The prisoner put in a written defence, declaring her innocence, and received a good character.)
GUILTY. Aged 16.—Recommended to mercy. .— Confined Three Months.
1779. JOHN SMITH was indicted for feloniously breaking and entering the warehouse of James Innes Dickeson, on the 2nd of July, and stealing therein 2 medals, value 5l.; 3 Pairs of trowsers, value 30s.; 2 rings, value 12s.; 1 powder-flask, value 7s.; 2 tassels, value 4s.; 1 handkerchief, value 2s.; 1 pair of stockings, value 2s.; 2 shillings, 1 sixpence, and 22 farthings, his goods and monies.
JAMES SMITH (police-sergeant H 2.) On the moning of the 3rd of July, at three o'clock, I stopped the prisoner in High-street, Whitechapel, about one mile from Eastcheap, and saw he had something bulky in his bosom—I asked what he had got—he said a pair of trowsers which he was going to take to his brother, who was a performer at Fairlop—I opened his bosom, and found these trowsers—I took him to the watch-house, and found on him these two medals—this handkerchief was round his neck, and these other articles were about him—he burst into tears, and said he had found them.
JAMES INNES DICKESON . I have a warehouse at No. 48 Eastcheap—no one sleeps three—I left it all secure on the evening of the 2nd of July—I went there next morning, and found it perfectly safe on the outside—one of my young men went in, and found the desk broken open, and the papers strewed about—I then missed these articles, which the policeman afterwards borught—they had been locked in my desk the night before—they are pulling down the next house to the warehouse—I consider the person must have got in there, and in at my attic window, which had been boarded up; but one of the boards had been forced down, which would make an aperture large enough for a man to get in—the warehouse is in the parish of St. Andrew Husbard.
Prisoner's Defence. I had been out with one of Mr. Dale's carmen—I laid down in Smithfield, and saw three stout men come and one put his bundle down, and I took it up.
GUILTY .* Aged 16.— Transported for Fourteen Years.
1780. MARGARET KINSELLAR was indicted for stealing on the 27th of July, 1 shift, value, 9d.; 2 shirts, value 2s. 9d.; 1 apron, value 6d.; 3/4 of yard of silk, value 6 d.; 1 frock, value 3d.; and 1 pinafore, value 3d.; the goods of John Hall, her master.
lady, and spoke to her about it—she at first said she did not know about it, and then she said she had pledged it, and if I would give her 1s. 6d., she would bring it to me—I gave her 1s.; I had no more silver—I asked my husband for a sixpence, and he would know what it was for—I told him, and he called in a policeman—I then searched her trunck, and found another shift of my own, and these two shirts, this apron, and other things—the prisoner's trunk was at Mrs. Moore's.
GUILTY . Aged 19.— Confined Three Months.
NOT GUILTY .
1782. JOHN WILSON was indieted for stealing, on the 10th of August, 1 hat, value 3s.; 4 handkerchiefs, value 1s.; 2 oz. of veal, value 1d.; 20s. of pudding, value 1d.; the goods of John King: 1 canvass bag, value 2d.; 4oz. of tongue, value 3d.; and 2oz. of bread, value 1d.; the goods of John Collins.
HENRY RUSH . I am a labourer in the St. Katharine Docks. On the 10th of August, I saw the prisoner on a bale of hides—he had no right there—he put on his hat, came off the bale, and walked down the quay—I stopped him, and asked what he had got—he said, "Nothing"—I took him to the watchman, who found these things on him.
Prisoner's Defence. That hat belongs to me—I have no other hat—they would not allow me to go in without a hat—the man might have seen me put the hat on, but I might have taken it off to scratch my head.
GUILTY . Aged 22.— Transported for Seven Years.
1783. JOHN EGGBEER was indieted for feloniously forging, on the 29th of june, a request for the delivery of goods, with intent to defrand George Downes, and another. 2nd COUNT, for uttering, with a like intent; to which he pleaded
GUILTY . Aged 19— Transported for Seven Years.
THOMAS MAYNARD . I live with Mr. Richard Henry Ashford, in Bethnal-green-road. On the 18th of July, between one and two o'clock, I saw the prisoner go and steal a pair of shoes from a clothes-horse, which stood
outside against the stall, while I went up the ladder, to get an article which a person asked me for—I went afetr the prisoner, and found these shoes under his jacket.
Prisoner's Defene. I was by the prosecutor's house—I saw a boy come running along he dropped the shoes and I picked them up.
GUILTY .† Aged 9.— Transported for Seven Years.
BARTHOLOMEW FRANCIS FOWLER . I am a ladies' shoemaker, and live in Lloyd's-row, Bethnal-green. The prisoner was in my service—he occasionally received money for me, and it was his duty to give me an account of it.
BARTHOLOMEW FRANCIS FOWLER . Dipple had a pair of boots of me, and I had received 3s. in part of payment—I cannot say when this was received; but I asked the prisoner about it; he denied it at first, and first, and then said he had received it, and appropriated it to his own use.
Prisoner. He never accused me of this till afetr I left him. Witness. I beileve I had not of this shilling; it was another; but afetr he was in custody he acknowledged he had received this.
GUILTY. Aged 16.—Recommended to mercy. — Confined Three Months.
OLD COURT.—Thursday, August 25th.
Second Jury, before Mr. Sergeant Arabin.
1786. ROBERT GEORGE was indicted for stealing, on the 18th of July, at St. Bridget alias St. Bride, I pendulum-rod, value 6l.; and I esxtant, value 3l.; the goods of William Simms and others, in the dwelling-house of the said William Simms.
THOMAS FARRANT . I work for Mr. Kneller Smart, of Princes-street, Leicester-square. On the 18th of July, the prisoner came to the shop—he is a stranger—he broughta piece of silver rod, and wanted to know if we bought old silver—Mr. Smart told him he did—he placed the the rod on the counter—Mr. Smart then asked him where he got it—he said he had been to work at an empty house in the Strand, and he and a bricklayer found it in the privy, and they divided it between them—we asked him where the bricklayer was with the other piece, and togo and fetch it—he said he could not purchase it, but should detain it, and asked him his name and address—he wrote on a paper, "John Williams, No.6 Tower-street, St. Giles's"—I asked him who was the master of the job—he said, a master-builder, named Armstrong, who lived at Pimlico—I afterwards made inquiry, and found his name and address were false—I afterwards went to Lsle-street, Lincoln's-inn-fields with the officer, and saw the prisoner's wife—he told me it was his lodging—I there found a sextant.
WILLIAM SIMMS . I am a mathematical-instrument maker, and live in Fleet-street. This property is mine, in trust—it is the property of my late partner, and was in my custody, as one of his executors—it never was part of our stock-in-trade, but articles for his own private amusement, which he
retained—they continued in my house after his death, until they could be disposed of—it is my dwelling-house, and is in the parish of St. Bridget alias Bride—I missed these articles on Monday, the 20th of July—I went out of town on the 21st.
Cross-examined by MR. CLARKSON. Q. were you in partnership with Mr. Troughton? A. I had been so, but had ceased to be so for more than two years beforehe died—when he died, the dwelling-house was entirely mine—the deed of dissolution conveyed the dwelling-house to me alone—he died on the 12th of june—this has never been partnership properly—he made a will, which I proved, before this transaction—two other persons were executors—he bequeated his property for sale by auction, or by private contract—one sale has taken place, but this property has never been sold—I have known the prisoner some time—he bore a very respectable character up to this time—I am very sorry to stand in this position.
WILLIAM SIMMS re-examined. This sextant is not complete—it wants an index glass; but it is a sextant, on account of its form—the name in derived from the form—this is part of the pendulum-rod, and is worth about 6l. together—the sextant is worth 3l.
Cross-examined. Q. Are you quite sure the two articles are worth more than 5l.? A. Silver has an intrinsic value—I value it at 4s. an ounce, which is under the value—the prisoner was working on my premises as a journeyman-carpenter—he had oppurtunities of talking much more valuable articles.
(Jonathan Tibbs, of Little Wild-street; John Barrow, builder, of Salisbury-court, Fleet-street; Thomas Good, chinaman, of Mill-street, Conduit-street; and—Wrench, publican, of Long-acre; gave the prisoner a good character.)
GUILTY. Aged 36.—Recommended to mercy by the Prosecutor.— Transported for Life.
1787. JOHN WILSON was indicted for stealing, on the 21st of July, at St. Marylebone, 1 tea-pot, value 10l.; 17 spoons, value 10l.; ladles, value 3l. 10s.; 6 forks, value 2l. 10s.; 4 knief-rests, value 5s.; 1 pair of sugar-tongs, value 10s.; 1 fish. slice, value 30s.; and 1 candlestick, value 15s.; the goods of John Anthony Fructuozo, in his dwelling-house.
WILLIAM COOK . I am footman to Mr. John Anthony Fructuozo, who lives in Portland-place, in the parish of St. Marylebone. On the 21st of July, at two o'clock in the day, I was going into the pantry, and saw the prisoner come out with a black bag—he was quite a stranger—he ran out of the pantry and shut me in—I opened the door and followed him up the area steps—he dropped the bag on the steps—I caught him as he was opening the gate—he got from me and ran across the way—I pursued and never lost sight of him—he was stopped—I took him back, sent for a ploiceman, and gave him in charge—I found five tea-spoons and two tablespoons in his pocket, and the rest of the articles in the indictment were in the bag.
Cross-examined by MR. CLARKSON. Q. You cannot be mistaken in his person? A. No—I tore off the skirt of his coat—it is my master's dwelling-house.
PRISCILLA ANSTEAD . I am a servant on of place—I was passing the prosecutor's house, and saw the prisoner run up the area steps—he dropped the bag, and the tea-pot fell out—he ran away—Cook secured him—I am sure he is the man.
GUILTY . Aged 25.— Transported for life.
Before Mr. Justice Bosanquet.
1788. WILLIAM HOYLE was indicted , for that he, on the 20th of April, at St. Peter's, Westcheap, London, feloniously did forge a bill of exchange, which is as follows, that is to say, "No. 104, 109l. 16s. 10d., London, April 1st, 1835, Three months after date, pay to our order 109l. 16s. 10d., value received. Thomas M'Mahon and Co. to Mr. G. Ormerod, Rochdale, payable at Messrs. Cunliff, Brooks, and Co. George Ormerod;" with intent to defraud Charles Ginnever Kewney and others—2nd COUNT, for feloniously offering, uttering, disposing of, and putting off a like forged bill of exchange, well knowing it to be forged, with like intent—3rd COUNT, for feloniously forging an acceptance of a like bill of exchange, which is as fellows: "Payable at Messrs. Cunliffe, Brooks, and Co. George Ormerod;" with a like intent—4th COUNT, for feloniously offering, &c. the same, well knowing it to be forged, with like intent.—Four other Counts, like four former, only not setting out the forged bill of exchange.
MESSRS CLARKSON AND BODKIN condueted the prosecution.
CHARLES GINNEVER KEWNEY . I am a hosier, and live at Nottingham. I have two partners—we had transaction with a firm named M'Mahon and Co., of London—the prisoner was represented as one of that firm, and was so, I belive—they owed us between 13, 000l. and 14, 000l.—in April last we made application for part of that amount, I afterwards came to London—their place of buisness was in Wood-street, Cheapside—I went there on Monday morning, the 20th of April—I saw the prisoner first at our own warchouse, in Maiden-lane before I went there, I called his attention to the account—he said he had paid part of it at our town warehouse—that was not true—in the afternoon of that day he made me a payment of between 500l. and 600l., in bill and cash—there was not 50l. of it in case—the rest was in bills—the bill in question, of 109l. 16s. 10d., was among them—(produced)—it was accepted as it now is—he made no observation about it—it was presented for payment, and dishonoured—no such person was to be found.
JOHN TEMPEST . I am a manufacturer of flannel, and have lived at Rochdale all my life. I am very well acquainted with the inhabitants—I know there is no such person to be found there as George Ormerod, except a school-boy, about fourteen years old—I have frequently seen that boy—I have not seen him write.
Cross-examined by MR. CHAMBERS. Q. Are you well acquainted with the boy? A. I have seen him frequently—his father has been dead these four years—his friends are curries—he lives with his brothers—there are no other George Ormerods there—I have made inquiry
Cross-examined by MR. PHILLIPS. Q. You say, not to your knowledge? A. Yes; it is a country account—my knowledge on the subject is not derived from our books—I do not know the whole of our country customers—my knowledge of the town accounts would be derived from the books—we have a balance-sheet sent up from Manchester—I have looked at that at home—I have not got it here—my knowledge of the country accounts is derived, in some instances, from that balance-sheet—we might have such a customer without his name being in the balance-sheet—I looked at it for the purpose of seeing whether there was such an account in it—they would be irregular customers that are not included in the balance sheet—they are all chance customers—a person would pay the commission on a bill at Manchester, made payable at our house, and our house at Mancheater advises us of the money and the commission being paid, and we pay it at the town-hous—that description of customers may amount to 100 in a year—I connot retain their names in my memory.
MR. BODKIN. Q. Regular customers in the country would appear in the balance-sheet? A. Yes. I have searched that balance-sheet with a view to this transaction—I did not find any such name as George Ormerod—there has been no remittance made on account of this bill—it was not paid on being presented at our house, there being no advice of the money being paid.
MR. PHILLIPS. Q. To whom would that bill be presented at your house? A. To myself or Mr. Grey—I connot, of my own knowledge, swear it was not presented to Mr. Gray—he is not here.
MR. BODKIN. Q. Whoever presented it, you say it was not paid? A. it was not.
COURT. Q. How do you know it was not paid? A. Because we have no advice of it.
JOHN HARDMAN . I am an attorney, and live at Rochdale. I have lived there ten years, and was born there—I have made very diligent inquiry to find out George Ormerod—I found one of that name, a publican, living at Catley-lane-bead, three or four miles from Rochdale—that is the only one I could find, expect the school-boy at Rochdale, and there is a son of George Ormerod, of Catley-head-lane.
Cross-examined by MR. PHILLIPS. Q. You found a school-boy of that name? A. Yes; at Rochdale—his father is dead—I knew him—the population of Rochdale is about 24, 000—it is not a place that people visit—I have no knowledge of any lodging-hous there—manufacturers are constantly coming and going—I would not swear that there might not be a George Ormerod living there for a fortnight or a month—I speak merely of the habitual residents of the place.
MR. CLARKSON. Q. Do you speak from the inquiry you have made, on purpose to discover the acceptor of the bill? A. I do.
GEORGE ORMEROD . I am a publican, and live at Catley-lane-head, near Rochdale—the acceptance of this bill is not my handwriting—I know nothing of it—I have a son George—I know no other George Ormerod near us—it is not my son's handwriting—he is twenty-six years old, and drives my team.
Cross-examined. Q. What did you say when asked if there was any other person of that name near the place? A. "Not within miles"—there are many Ormerod's in Lancashire—I go to Rochdale sometimes—there may be lodging-houses there.
cannot write, and did not write this acceptance, nor authorise any body to write my name to any bill.
Cross-examined. Q. Do you know any other George Ormerod about the place? A. No; I only know the last witness—I never saw his son George.
WILLIAM WAUGH LEE . I am the son of the Post-mistress, of Rochdale—I have delivered letters there upwards of twenty years—I do not know any George Ormerod there, except the currier's son, the school-boy—there is one lives at Catley-lane-head, and one at Coop, and one at Fearon-hill—he is of the firm of George Ormerod and Son's of Watler-barns—it is near Rochdale, seven or eight miles off—I do not know a George Ormerod living there—Walter-barns are the works belonging to the firm at Fearon-hill.
Cross-examined. Q. Will you swear it positively? A. My answer was, "That is the handwriting of the prisoner, I have no doubt"—I connot say when I saw him write last—it was from the middle of April, and during the wbole of May, this year—I saw him write at his own place, No. 6, Wood-street—I connot say that I have seen this before—(looking at two papers)—it is possible—I connot say whose handwriting this is—I have seen the prisoner attempt to write various hands—I have seen him writing on paper, and it possibly might be this very piece of paper—I have witnessed the different kinds of handwriting he could write—he has attempted to do so—the acceptance of this bill is his natural handwriting—I have compared it with his books, letter by letter—the moment I cast my eye on the bill, I said, "That is Mr. Hoyle's handwriting," without any reference—I compared it, letter by letter, on account of the seriousness of the affair—I have seen his writing in the day-book of M'Mahon and Hoyle—it was writing which he has stated to me to be his—not when I have seen him write, but I have seen his write very frequently, and have seen him write in the books—the books were not kept by one Tillidge—I have seen Tillidge write—the body of this bill, I should say, is Mr. Tillidge's haadwriting.
WILLIAM SPERING . I was in the employ of M'Mahon and Co., of Wood-street, as warehouseman and traveller, the prisoner was one of the firm—I have frequently seen him write—I belive this acceptance to be his handwriting.
Cross-examined. Q. When did you him write last? A. About the 9th of May—it is his ordinary handwriting—I have seen the bill since it has been returned—it was shown to me to examine—the body of the bill is written by Tillidge, and it is singed by Thomas M'Mahon himself—it is his genuine signature.
ELIAS TILLIDGE . I was formely clerk to Messrs. M'Mahon and Co.—the prisoner was one of the firm—I have seen this bill before—the body of it is any handwriting—I wrote it by the prisoner's direction—I have frequently seen the prisoner write, and have not the least doubt of the acceptance being his handwriting.
Cross-examined. Q. Do you know batchelor? A. No: I know a man named B atchelor came in and bought some goods—Hoyle used to
know him—I never said that the words, "Payable at" and "George Ormerod," were not the prisoner's handwriting.
MR. CLARKSON. Q. Do you know Batchelor, except from what the prisoner told you? A. Not at all—I did not know his name.
WILLIAM HENMAN . I am a City policeman. I took the prisoner into custody, on the charge of forging a bill of 109l., on Mr. Kewney, of Nottingham—he asked me to treat him with kindness, and he would be quiet—I told him, I certainly would treat him with kindness, if he would be quiet—(I took him at his house at Hoxton-New-town)—he immediately made his escape, and ran out of the house—I pursed him, and secured him in the next street—I took him to the station-house, in Stoke-Newington-road; and on fetching him from there, while he was in the cab, going to the Compter, he seemed anxious to say something—I cautioned him, and said it was a serious charge, and what he said to me might, perhaps, be evidence against him, and he had better say nothing—he said it could not affect his case; the charge of forgery they could not prove; but that I was very lucky; if I had not taken him that night, I should not have taken him at all, for he would have been off next morning, where nobody would have found him.
JOHN FINNEY re-examined. It was my duty to inquire into the validity of the sundry bills—I asked the prisoner about this bill—he said the acceptor was a respectable draper, living at Rochdale (Bill read.)
Prisoner's Defence. I claim your attention; I trust you have not made up your minds to send me over the water without hearing me speak; I did not run away for fear of being taken for forgery; when I said, if I had not been taken that night, I should have gone where I could not be found; I meant to say, my family would have been removed, where he would not have found me that day; for I had been apprised that my old assigees were going to lay hold of my furniture, and meant to move tomorrow, to save it. You have had one or two witnesses to swear to my handwriting; in answer to their evidence, I shall produce a clerk in my employ, whom will mpositively swear the bills are not in my handwriting; that witness has seen more of my handwriting than any person in court; no part of the acceptance is my writing. In March last I became acquainted with John Batchelor, and asked him to recommend us customers; about the 28th of March, he called at our warehouse, and said a friend of his, Mr. Mitchell, of Rochdale, had come to town, and he would bring him; on Monday I received a note, requesting me to meet him at the Three Bucks, in Eaton-street; he said he had a commission from some persons in Rochdale to purchase hosiery, and named a house which Mitchell assured me was highly respectable; and what he (Mitchell) lived in Drake-street, Rochdale. I took down the orders, which being large, I thought it better to get bills accepted, than give them three months credit. I afterwards stated this to Mitchell; who stated, that if I would draw the bills, he would send them down to Rochdale for acceptance. On the 1st of April, I told Tillidge to draw the bills; four were drawn; I gave them to Mitchell, who promised to get them accepted; on the 12th of April, Batchelor called at my private residence, and gave me the bills, accepted by Ormerod and Co., and said he had received them in a parcel from Mitchell, who had returned to Rochdale; the prosecutor afterwards called on me for the payment of his account, 213l., which was due in cash; my partner paid him cash and bills, accounting to, I believe, 239l.; he said he would get the bills discounted, and return the balance; observing I had I had
other bills, he offered to get them discounted too, and I gave him the one in question, and three others; about the 23rd of April, I sent for the proceeds, but he refused to give it up till he saw what turn our affairs took; and being fearful, as our stock was destroyed by fire, that we might become embarrassed, we would not press him for it. (The prisoner entered into other particulars respecting his commercial transactions, but not reffering to the charge.)
FIELD ASHWORTH . I live in Silver-street, Cheapside—I have known the prisoner for the last ten years—I have seen him write a good deal—I am well acquainted with his handwriting—this acceptance is not like his regular handwriting.
COURT. Q. Do you believe it to be his handwriting? A. I believe not.
MR. CLARKSON. Q. Are you the person the prisoner calls his clerk? A. I do not know—I have been his clerk, not his porter—I do not know whose handwriting this indorsement "Thomas M'Mahon" is—it looks more like the prisoner's handwriting than the other—I do not mean to say that the acceptance is not his handwriting, I merely tell you what I think—I did not see it written—he did not write different hands when I have seen him write—he generally wrote a plain hand, like a school-hand—this indorsement is nearly like his general hand—there is not exactly a likeness between the two, not so as to show it is the same hand—I know Mr. White, the prosecutor's agent in London—when the charge was first made against the prisoner, I called at White's—I met a person I knew at Rochdale, named Stirling, and he said White wanted to speak to me—he asked me to go over, and I did—we talked about this charge.
Q. Did you tell White you had no doubt the prisoner forged the acceptance of both the bills; for you knew he had paid 20l. to take up a forged acceptance the day before? A. I do not recollect that—I will swear I never did say so—I did not see the 20l. bill, and never knew what it was; but I knew there was something wrong about it—it was not proved under the bankruptcy, and this sane bill had been paid—I believe I had been informed so six weeks ago in the country—I was informed that bill was taken up by Hoyle's friends—I might make use of the word "forged" on that occasion—I never meant to say it was forged, I might have said it was a bad bill—I never said that I knew the prisoner had forged that bill, to my knowledge—I did not use the word "forged," to the best of my knowledge—I do not recollect saying I knew the bill had been forged—I never said the prisoner had forged Ormerod's name, or the name of David Lord—I had never seen the bills—I came from the neighbourhood of Rochdale, and so did the prisoner—I do not know George Ormerod, a draper there—I have not been down there since the prisoner was committed—I do not know a man of the name of George Ormerod there—I know a good deal of Rochdale—I was in town when the prisoner was examined the second time at the Mansion House—I was at the examination—I did not state any thing—I heard some of the witnesses say it was his handwriting, but I never saw the bill—I have been to France twice—I gave over business there—I did not abscond—I was not forced to go—I went on a journey of pleasure—I was never a great deal indebted—I did not go to France, to avoid my creditors the first time—nor the second; I went for pleasure both times.
Q. Were you able, then, to pay your debts? A. I do not think proper to answer that question.
COURT Q. When did you first see this bill? A. To-day—I came at the prisoner's request to see the bill, to speak to his handwriting—it was never shown to me.
SAMUEL WHITE . I am agent in London for the prosecutors—I recollect Ashworth coming to my warehouse before the prisoner's committal—he told me he had no doubt the prisoner had forged the acceptance in question, and gave as his reason that he had had to take up an acceptance for 20l.; forged for him about a month before the conversation—we were speaking of the acceptances of George Ormerod and David Lord—he came into our warehouse, and said I had sent for him; but I had not—Thomas M'Mahon was in the warehouse at the time—he said he had not the least doubt that the acceptance was forged; for he knew that the prisoner had taken up a 20l. forged bill lying in other parties' hands in the country; and that was about a month before.
MR. KEWNEY re-examined. I received the bill in their warehouse in the City.
GUILTY . Aged 29.— Transported for Life.
Before Mr. Sergeant Bosanquet.
1789. RICHARD NEWCOMB, CHARLES STOCKEY, EDWARD HOOKER , and GEORGE GOODWIN were indicated for stealing, on the 4th of July, at St. Marylebone, 2 pelisses, value 1l. 5s.; 4 frocks, value 1l.; 1 shawl, value 1l. 15s. 8 yards of silk, value 1l. 10s.; 1 apron, value 3s.; 2 handkerchiefs, value 5s. 3/4 of a yard of crape, value 18d. 1 yard of bombazin, value 3s.; and 1 pair of shoes, value 2s.; the goods of George Roberts, in his dwelling-house.
GEORGE ROBERTS . I keep the Portland arms, in Wilson-street, Dorset-square. On saturday, the 4th of July, between Five and six o'clock in the evening, the four prisoners came to my house, with another young man not present; they went into the back parlour—two young men, (Cope and Hurd,) had been in that room that day, besides my own family; they were in the room when the prisoners entered—nobody else had been in the room that day—they had a pot of half-and-half, and, I believe, a pint of half-and-half—Hurd and Cope came put of the room soon after the prisoners went in—Newcomb afterwards came out, and went away—after that Stokey, and the man who is not here, came out and went away; and after that Hooker and Goodwin came out, and drank a pint of half-and-half at the bar; but before they came out, they rang the bell, and I answered it—I went into the room, and they ordered a pint of half-and-half—I did not immediately leave the room to get it; and they said "A pint of half-and-half" two or three times, in a hurried manner—I left the room to get it, and they followed me to the bar, and drank it—I observed nothing particular when I went into the room—they went away immediately—I went into the parlour the moment they left, having suspiction, and observed a small piece of bombezin and a piece of crape on the floor, and a piece of silk hanging out of the drawer—I could not have seen the drawer from the part of the room I was in when I answered the bell; and I cannot say whether these things were there, as the drawers were on the other side of the bagetello-board—I could not see any thing if it had been on the floor, where I was—I went to the bar to Mr. Roberts, and informed her; and then we went together to the parlour—I found all the drawers locked except one, and the key was not there—I believed it had been left in the drawer that morning—I sent for a locksmith; he opened one drawer, and Mrs. Roberts missed several things
from that drawer—I then went to find Hurd and cope—I knew where they lived—I made inquiry of them, and went with them to the Waterloo Arms, High-street, Marylebone—that was about eight o'clock—I saw all the prisoners there, with the other man, who is not here—while we were taking the prisoners, he managed to escape—I had an officer who took them into custody—Hooker was stopped at the door, and the other three in the skittle-ground—the officer told Hooker at the door what he was taken for, and I believe he said he knew nothing about it—I did not here the others wake any remark—they did not ask, in my hearing, what they were taken for—they said "Very well, we can go," or something.
Cross-examined by MR. PHILLIPS. Q. Is not your house very much frequently? A. No; very badly—I dare say the bagatelle-table is an inducement for people to come—I have not kept one since the robbery—the prisoners came between Five and Six o'clock in the evening—Newcomb, went out first alone—I should think he was not in the room above twenty to twenty-five minutes—he left about half-past five, or a quarter to six o'clock; I did not notice the time—Stokey went out in about ten minutes or a quarter of an hour—I saw them both go out—I went into the room to answer the bell immediately after they went out, and observer nothing at all—the other two prisoners followed me immediately to the bar, and drank the half-and-half—I thought Newcomb went out in a very odd manner—he had his hat in his hand, and scratched his head as he went by the bar; his manner aroused my suspicions—he went out alone—I know bagatelle-tables are forbidden—there was no one playing—I only let people in there who use it; people of whom I have a good opinion—but the prisoners went in without my knowledge—I saw them going in, but I well knew Cope and Hurd, and asked them if they knew them.
Cross-examined by MR. JONES. Q. I believed some of the men have been at your house before? A. I have some recollection of seeing Hooker at the skittle-ground—I had been at home the whole day, attending to the business—I was never summoned about the bagatelle-table—Mr. Rawlinson reprimanded me when he committed the prisoners.
COURT. Q. Are you sure of the order in which the prisoners went out? A. Quite certain; I made a memorandum of it, shortly after they were gone, as soon as I knew their names—Newcomp came out first alone, Stockey afterwards, with the other man—I told the Magistrate that the man described to me as Newcomb came out first—I did not know any of their names.
Q. Did not you say that "about a quarter-of-an-hour after Cope and Hurd came out, the prisoner Stokey came out, scratching his head, and ten minutes after, Newcomb and the other man, not here, came out." did you state that to the Magistrate? A. Perhaps I might—I did not know their names; I can point them out—the last man but one came out first, and scratched his head, (Stokey) the further one (Newcomb) in the one that went out with the fifth man.
ANN PEARCE . I am the prosecutor's servant. On the Saturday, I remember Hurd and Cope coming to the parlour, and afterwards the four prisoners and another one came—I did not knew the prisoners before—I took them in a pot of beer, and a lighted candle—I went into the room, and took a child's bonnet out of a cupboard in the room—after that Hurd and Cope came away—I did not see any thing lying on the floor when I went in for the bonnet—I could see the top part of the drawers, but not the rest, as I did not go round that side—it is a good sized room—the
drawers stood at one end of the bagatelle-board, and the cupboard is in the corner, I saw nothing lying on the floor—after Cope and Hurd left I took the child out of doors, and when I came home, I went into the room, and examined the drawers; it was between eight and nine o'clock, before the prisoners were taken; I believe master was gone after them—I examined the drawers and missed the property belonging to my master—I had seen the frock in the drawer between nine and ten o'clock in the morning—I did not notice the other things; they were kept in another drawer—I do not know whether I left the key in the drawer or not, that morning—it is usually kept in the bar parlour—I found the key, on Sunday morning underneath the drawers—two frocks were taken out of the middle drawer.
Cross-examined by MR. PHILLIPS. Q. Had you been at home all day? A. Yes; there is a pot-boy, about fourteen years old, his name is Charles Moore; he is not here—there is no waiter—the bagatelle-table was on an ordinary dining table, there was nothing to conceal about it—people go to play there often—customers are allowed to play at it when they like; every one that chooses; the door is never locked; anybody goes in—it is locked at night, but not in the daytime—we generally put up the shutters at eleven o'clock—I cannot say when the house is closed—I went out about seven o'clock; the prisoners had been there about half-an-hour—Hurd and Cope had been playing at bagatelle when they were there—there might have been people playing, and I not know it.
Q. From the time you open the house till you shut it at night, was it not a room of usual resort for the customers who chose to go in? A. Yes; I have not seen any body turned out of it—master sometimes prevented people going into it—the prisoners went into the room without molestation—I suppose the bagatelle-table has been there about eight months.
JURY. Q. Do not the union club meet there? A. The carpenters' union do.
WILLIAM HURD . I was servant to Mr. Collins, an oilman, at the time in question. I was at Roberts's with Cope, and had a pint of half-and-half, and played at bagatelle—the four prisoners and another came in, in about a quarter of an hour—we had done playing when they came in—Hooker and Newcomb played—I left them all five there in about a quarter of an hour—while I was there there was nothing lying on the floor, not any thing hanging out of the drawers, or I must have seen it—I went to the Waterloo Arms with Mr. Roberts the same evening—I saw the prisoners there—I have seen Hooker before, but not the others.
Cross-examined by Mr. Jones. Q. Were you playing with Hooker that evening? A. I was not—Cope asked him where he should see him in the evening and he said at the Waterloo Arms, High-street—that is where he was taken.
JOHN COPE . I was at the Portman Arms with Hurd. The prisoners came in, and we went away in about a quarter of an hour or twenty minutes—I saw nothing on the floor while we were there—if there had been two yards of bombazin I must have seen it—I saw nothing hanging out of the drawers—I saw the drawers—I knew Hooker, and have seen three of the prisoners before, and the one who is not here, but know nothing of them—I never saw Newcomb before.
Cross-examined by MR. PHILLIPS. Q. Were you often playing at that house? A. Yes, often; perhaps twice or three times a week within three months—it is a public table—I have seen a great number of persons playing there of all descriptions—there are a great many there at times—people
go there at all hours in the day—I have been there as late as eleveb o'clock, and other persons also, playing—it was past five when I went there that day—nobody was there when I went—it is a small room—I think a person going to the cupboard mjust have seen bombazin on the floor—the drawers are about two yards on the other side of the begatelle-board which hides the drawers—I could see the top of them.
Cross-examined by MR. JONES. Q. You have known something of Hooker before? A. Yes; I know nothing against his character—when I was coming away I asked Hooker where he would be that evening—he said, at the waterloo Arms, High-street, and I found him there.
GEORGE BAILEY . I was a policeman at the time. I was on duty in High-street, and went to the Waterloo Arms, by Roberts's desire—I waited at the door till two more constables came—we went into the skittle-ground at the back of the house—Cope pointed out three of the prisoners, and there was one at the door, which was Hooker—the other three I took in the skittle-ground—they did not ask what I took them for—I had the care of Stokey; and going along High-street I asked him if he was aware of the nature of the charge against him—he said, no he was not—I said it was for stealing some things out of a public-house—he said he knew nothing at all about them—they were all searched at the station-house, but nothing was found relating to the robbery—they had a few shillings.
Cross-examined by MR. JONES. Q. Why did you leave the police? A. It has no connexion with this—I was dismissed for drinking while I was on duty—I was reported for being drunk before the commissioners.
CATHERINE ROBERTS . I am the prosecutor's wife. On this Saturday my husband gave me information of this, and showed me a yard and a half of bombazin—I went into the little parlour, and saw about half a yard of crape on the floor, and about three-quarters of a yard of silk hanging out of the drawer—a person in the room must have seen it—I examined one drawer, which was left unlocked, and missed from it two child's pelisses, two frocks, and a pair of shoes—one pelisse was white, and one silk—we had one drawer broken open, and I missed form that two remanants of silk and a shawl—one peice of silk was about three yards, and the other four—I missed two frocks and two pocket-handkerchiefs from another drawer, a silk apron, and a pice of twilled muslin—I had seen all these things about nine o'clock in the morning—the key is usually kept in the bar-parlour, but is often left in the drawers—the drawers were not broken open.
Cross-examined by MR. PAYNE. Q. Were not the artiles of dress most of them children's things? A. Yes; I missed them at about seven o'clock in the evening—I had not seen any body in the room—I was not much in the bar.
JURY. Q. Did the key fit all the drawers? A. Yes; I have not a doubt the things taken were worth more than £5.
NOT GUILTY .
Before Mr. Baron Alderson.
1790. MARY FOSTER, alias GOODRIDGE , was indicted for feloniously and burglariously breaking entering the dwelling-house of Joseph Foster, on the 19th of July, at St. Pancras, and stealing therein 2 gowns, value 12s.; 1 shawl, value 3s.; the goods of Louisa Eaton: 1 coat, value 1l., 15s.; 7 pair of trowsers, value 1l., 8s.; 5 waistcoats, value 30s.; 9 shirts, value 1l. 16s.; 7 handkerchiefs, value 9s.; 3 night-gowns, value 7s.; 2 shifts, value 7s.; 2 shawls, value 10s.; 1 veil, value 2s.; 3aprons, value 2s.; 1 parasol, value 2s., 5 pair of stockings, value 10s.; 3 collars, value 18d.; 3 table-cloths, value 7s.; 4 towels, value 4s. 5 yards of flannel, value 5s.; 1 pillow-case, value 6d.; 4 caps, value 3s.; 1 muff value 3s.; 1 tippet, value 3s.; 8 frocks. value 10s.; 4 petticonts, value 8s.; 2 pair of stays, value 7s.; 1 sovereign; 1 half-sovereign; 3 crowns; 8 half-crowns; 20 shillings; 15 sixpenees; and 8 shillings in copper monies; the goods and monies of the said Joseph Foster.
JOSEPH FOSTER . I live at No. 51, Seymour-street, St. Paneras. The house is let out in different apartments—it is Mr. Mitchell's house—I have the shop and parlours, all on one floor—there is a mews at the back of the house—there is a private door in front, lending to every part of the house—my part of the house is separated by an inner door—Mitchell does not live in the house—I went to bad on Saturday night, July the 19th, about a quarter past one o'clock—I was the last person up—my wife went to bad with me—I saw every thing fast before I went to bed—I got up next morning, unlocked the side door, and found my till standing on the back table, and a ladder stood against the window, which was open—it had been shut the night before—the ladder was standing against the window in the back yard—a person must get over a wall nine feet high to get into the yard—I lost a sovereign, a half-sovereign, three crown-pieces, some half-crowns, about twenty shillings, and nearly five pounds in money and other property, and a considerable quantity of wearing apparel—nothing was broken open but the till—the drawers in the back parlour were all open—the prisoner is my niece—she did not live in the house with me—I went about half—past eight o'clock that morning to the prisoner's lodging, with a policemen, and found part of the property.
Cross-examined by MR. PAYNE. Q. Did not you know where she lived at the time? A. I did not—I have known her a considerable time as a relation—the ladder had been lying down in the back yard for a long time—I keep a ham and beef shop—I fastened the shop door, and then went and saw the back door which goes into the mews—the person got in at the back window, which was down I went to bed, but not fastened—there was a fastening to—it has been fresh panited and will not fasten—I saw the window when I went to bed—it was shut down—it is a sash—the ladder was necesary to get into it.
AMBROSE COVENEY (police-constable G 188.) I was on duty in St. Pancras on Sunday morning, about half-past four o'clock, and saw the prisoner standing at the prosecutor's shop door, half of which was wide open—it is a folding door—she had a parcel in ber hand—she said, "It is a fine morning, Sir"—I said, "Yes, it is"—she said, "Do you kown where I can get a cab?"—I said, "No, except it is in Tottenham-court-road"—she said, "I want to go to the Angel at Islington; I have been waiting a long time for my uncle to get up, but he goes to bed so late, he gets up late"—she offered me a pint of beer, which I refused—she pressed me to take it, and gave me 2 1/2d.—I said I would send a man for a cab for her, and within a few minutes of five o'clock I saw a cab come to the door—I saw her bring a bundle out of the shop and put it into the cab, she then brought out another and a parcel, and gave the cabman—then she slammed the door too, got into the cab, and drove it away—hearing of this robbery in the morning, about half-past eight, I went to the bottom of Windsor-street, Islingtom, and found her sitting at breakiast, and the parcel in the room; I crossed the room, took it up, and said, "Whose parcel is this?"—she said, "It is mine"—I said, "Where are the bundles
you put into the cab, in Seymour-street?"—"In the other room" said she—she wanted to go out—I said, "No, you are my prisoner"—she asked me to let her go into the next room—I went with her—she took off the gown she had on and put on a green gown, which she sent her sweetheart for—I said, "Dees thin gown belong to the bundle?"—she said, "Yes it does"—I sent for the prosecutor and he elsimed the property, which I have here—when I opened the bubdle, and was tying it up she turned to the bureau, got a razor out, and tried to cut her throat—she made it bleed—I caught hold of her, and she went into hysterics—I put her into a coach, and took her to the station—house.
Cross-examined. Q. How long have you been a policeman? A. Five years and a half—I was on that best twelve months—I never saw the prisoner, to my knowledge, till that morning—I swear that I never saw or spoke to her before—I swear I did not see her the week after Whitsunday last—her sweetheart went and showed me where she lived—she did not talk to me about her uncle before this—I never said he was a d—d shuffling humbug—it was my duty to be in the street frem one o'clock to half-past four o'clock on Sunday morning, near Mr. Foster's—a person might get in without my seeing it, the distance I had to go—when I saw her standing at the door I had no suspicion—I saw she was a big of Fosters' and conceived her to be one of the famity—she favours him in likeness—I swear I never saw her before—there was no other policeman on that spot; there was one just by—I had gone near Foster's house that night—I always go down the mews every other time I come round my beat, and sometimes every time—she slammed the door leud enough for people to hear thirty yards off—Forster slept in the kitchen underneath the shop—I know of no robbery being committted befour on my beat.
Q. On your oath you not party to this concern? A. No; I was not—I did not advise it—I will swear I was not a party to it—I saw her sweetheart at his father's at Islington—they told me he was her sweetheart when I inquired for that name—Foster said her friends lived at lslington—I asked him where she lived, he said he did not kown, but he thought it was somewhere at lslington—I was told the name of her sweetheart by a shoemaker just by—Mr. Foster told me his name, and I inquired for him—he showed me where to find her, and went with me—a man and woman lived in the house—there were only three rooms on the ground-floor—I found the things in one of the end rooms—she was sitting in the middle room.
Q. Do you persist in saying it was possible for the robbery to be committed without your being a party to it? A. Yes.
COURT. Q. Does your best lay at the back or front of the house? A. Both; when a person is over the back wall they are out of my sight—I was before the magistrate—I saw him sing the prisoner's examination—I do not know his writing.
Cross-examined. Q. How long have you been married? A. Five years. I have known the prisoner tweive years—I knew her when she was about thirteen—I know of nothing particular happening then, more than what happens with young men and yound girls—my husband's shirts
are marked—they were all in the house that Saturday night, in drawere and boxes—two boxes had been opened—we sleep in the back kitchen under the shop—the things were in the back room, and in the middle room—I did not hear any noise—I awoke about three minuttes before five o'clock—I do not know what awoke me, but I looked at the clock—my husband got up at about six o'clock—the window was shut down, but not fastened, before I went to bed—a mignionette-box stood at the window, and that was taken down—I saw the prisoner on the Sunday before, we went to see her father and mother, at Elder-walk, Islington—she came to our house when she pleased—she behaved well in our presence—I know the policeman by his being on the beat—I think the prisoner was at our house in the Whitsun-week—I remember her going to fetch some cyder for her sweetheart, who was at our house—he gave her the money—it was about half-past ten o'clock at night—the policeman was not on duty that night—he was on day-duty—there was another policeman on duty that night—I know he was not on duty that night, because he was on day-duty at that time—I remember the night very well—the policeman passed backwards and forwards—I know it was not the witness—the prisoner has been to our house since—she seldom came without her sweetheart—not once since Whitsuntide.
AMBROSE COVENEY re-examined by MR. PAYNE. Q. did not you, on the Saturday week, after Whitsuntide last, see this young woman in Drummond-street, about nine or ten o'clock? A. No. I did not ask her to give me some drink—I did not send her down a mews to wait till I came to her—I did not assist her over the wall, that I swear—I did not tell her to conceal herself behind a stone where I had often slept; if I had slept behind a stone, where must my Sergeant have been?—I did not place the ladder against the window—I did not take the mignionette box off the window-ledge—I did not know there was one there—I did not go into the shop—I did not take a chisel or beef-knife, and cut the till away from the counter, nor give the prisoner half-a-crown, and put the rest of the money into my pocket—I did not make the prisoner promise to say nothing about it, nor threaten to murder her if she said any thing about what had taken place—I did not tell her to ask for a cab for fear another officer should be about—I did not shut to the shop door—it appears the noise awoke Mrs. Foster—when she went from the door, it wanted three or four minutes to five o'clock—I did not promise to meet her the same evening in Drummond-street, and settle every thing with her cousin; nor bid her good morning, and tell her to take care of herself—I did not tell her not to let the cabman to drive to the door of her lodging—I got to her lodging about half past eight o'clock on Sunday morning.
Q. Did not you say she was not to say a word about your having any thing to do with it, and if she asked her uncle, you were sure he would forgive her? A. I did not—she did not say her uncle would not forgive her, as she could not tell him where the money was, I having got it—I saw the premises about seven o'clock in the morning—I do not know whether the till had been fastened to the counter—I did not see any man about the wall, or getting over the wall, that night—I can come close to the wall on my beat—my beat is half a mile up, and the same down—I should pass this place about once an hour—I deny all these things.
Prisoner's Defence. I met the policeman on Whitsun-week, one evening about ten o'clock; I have met him several times since that, when I have been sent out for beer and cyder from my aunt's several times. On the 7th of
July I met him, and he told me to meet him on the Saturday-week following, which I did, and he began clling my uncle a d----d shuffling humbug—I said my uncle had used me very ill from a child, and he committed a rape on me when I was thirteen years of age—Williams was with me on the 7th of July, and the policeman asked me who was with me—I said "Mr. Williams"—he said that night would not do, I must come by myself to him, and I went on this Saturday night into a mews—it was very dark; I was afraid to stop there—I met him—he told me to conceal myself in a water-closet there; which I did till eleven o'clock, when he came and assisted me over the wall, and told me to conceal myself behind a stone, which I did, and about twelve o'clock my uncle came down stairs and went to the water-closet—I had a great mind to speak to him, but my strength failed me, and my uncle went to bed—at half-past one o'clock, when the policeman saw the light gone out, he came and took the mignionette-box away and assisted me to the window and told me to go in, which I did, and he cut the till from the counter and took out the money himself—I asked him what loose money there was; he said, "Not much"—he gave me half-a-crown, took the till and set it on the table, unlocked the door, and told me to listen for his footsteps when he came round in front, and told me if I said any thing to any body he would murder me—he carne to the front door, and sent a policeman down to a man who keeps a cab, but he was not to be found—a man came down who sells coffee; I had asked him if he met a cab to send me one—he sent one in about half or three quarters of an hour—I have a witness here who saw me speak to the policeman several times.
FRANCIS WILLIAMS . I am the prisoner's sweetheart. I have seen the policeman Ambrose Coveney before, at Mr. Foster's door—the prisoner has been with me when I have seen him—I have seen her speak to him—I saw her speak to him on the Wednesday evening after Whitsunday.
COURT. Q. What was it he said to her? A. I did not hear—he was talking in company with her for a quarter of an hour or three quarters of an hour—I am a shoemaker.
GUILTY. Aged 21.—Recommended to mercy by the Prosecutor.— Transported for Life.
Before Mr. Justice Bosanquet.
1791. JOHN SMITH was indicted for feloniously breaking and entering the dwelling-house of James Hagger, on the 28th of July, at Edmonton, and stealing therein 1 cost, value 20s.; 2 pair of trowsers, value 25s.; 1 waistcoat, value 4s.; 2 pair of shoes, value 8s.; value 3s.; 1 shawl, value 12s.; 2 necklaces, value 1s.; and 1 gown, value 5s.; his property.
JAMES HAGGER . I am a labourer, and live in the parish of Edmonton. I rent a cottage there—on the 28th of July it was broken open—I left at about seven o'clock in the morning—I left nobody in it—I fastened it; I locked the doof, and took the key with me—the windows were both fast—I returned at about seven o'clock at night, and found a square of glass taken out of the window, which was half open, and the door burst open inside—the neighbours had alarmed me before I got to the house—I missed the property stated in the indictment—I had seen them safe that morning, before I went out—I gave information to the policeman—I saw the prisoner pass me on the 8th of August, as I was at work, with one of
my handkerchiefs round his neck, at four o'clock in the afternoon, in the Green-lanes, and gave information—George went after him and took him.
JAMES GEORGE . I am a Bow-street patrol. I received information from the prosecutor, on the 8th of August, and went in search of the prisoner—I met him in the Green-lanes inthe afternoon, and apprehended him—I told him he was accused of robbing a coottage—I saw a handkerchief on his neck which answered the description of one the prosecutor lost; and the prosecutor came up and identified it.
ELIZA LAWRANCE . I am nearly fourteen years old, and am the daughter of Mrs. Lawrance, who lives on Bowl Green, Edmonton. On Tuesday, the 28th of July, about three o'clock in the afternoon, the prisoner came to my mother's house and asked for some water to drink—I gave him some; he drank it and went away—he had nothing with him then—I saw him again about half-past three o'clock, with a bundle; not a very large one—it was wrapped in a cross-barred light handkerchief—my mother's house is about 150 yards from the prosecutor's—when he left our house he went towards Hagger's house, and when he had the bundle he was coming from there—I did not know him before—I am sure he is the person—I am quite certain of him.
ELIZABETH PIERCE . I am the wife of Thomas Pierce. On Tuesday, the 28th of July, about one o'clock, I saw the prisoner lying on the river bank, about forty yards from Hagger's—I am sure it was the prisoner—I saw his features as I passed—I said before the Magistrate that it was a man of the same dress.
Prisoner's Defence. When the officer took me I was in the main road—he said, "Halloo, let me look at the shoes you have on your feet"—I asked what he wanted with them—he said he wnated to look at them—I took them off, and that man came over and said, "Let me look at that handkerchief"—he looked at it, and said, "It is mine," and the officer pur it into his month to say right down that it was his; and on the Monday morning, when we had a hearing before the Magistrate, the girl and woman said I was like the man, and the clothes were like mine—the officer pur in into their mouths that they must say that it was me—I was never in the place in my life, and do not know where it is.
GUILTY . Aged 35.— Transported for Life.
Before Mr. Baron Alderson.
1792. EDWIN MOOR was indicted for stealing, on the 27th of June, at St. Sepulchre, 1 handkerchief, value 1s.; 5 sovereigns, and 20 shillings; the goods and monies of Seth Moor: and 1 watch, value 1l., the goods of Susan Morris; in the dwelling-house of the said Seth Moor.
ANN MOOR . I am the wife of Seth Moor, and am the prisoner's aunt. He lived with me—I live at No. 30, Fleet-lane—the prisoner was at my house on Saturday, the 27th of June—we rent the lower part of the house of Mr. Lawrence, who does not live there—I went out about three o'clock in the afternoon; I left the prisoner and my son, between eight and nine years old in my premises—I saw this property safe in a chest ten minutes before I went out—it was five sovereigns and above 20s. in silver—the watch hung over the mantel-shelf—that belonged to his aunt, susan
Morris—I returned about six o'clock, and the prisoner was gone; my little boy was at home—I missed my property directly, and a silk handkerchief—I have not seen any of it since—the prisoner, when he left, had old colthes on—he left an lod shirt behind him, and a pair of trowsers, and a jacket which we had bought for him—he had no clothes beside what he had on—I saw him in custody on the Sunday-week after, with all new clothes on—he had lived with me nearly three weeks—we had had no quarrel with him, and knew no reason for his going away—his aunt Susan and him had had a few words the day before—his friends are in the country and he was out of a situation.
Prisoner. Q. Did not I fall out with my aunt that morning? A. No; it was on the Friday—she did not say she wished he was out of the way—she said he would never leave off his bad company.
HENRY MORRIS . I am a plasterer, and am the prisoner's uncle. His mother is my sister—I saw the prisoner after he was apprehended, at the station-house—I asked how he could be so cruel as to rob his aunts—he said he had not robbed them, and had not taken the watch.
THOMAS KESTELL . I am a policeman. I was on my beat on Sunday, the 5th of July, and saw the prisoner in Well-street, Oxford-street; and from information I received, I walked after him—he saw me, and ran away as fast as he possibly could—I cried, "Stop him"—he was stopped in Oxford-market, and I took him—he said, "What do you want of me?"—I said, "You know very well, or you would not have run"—I took him to the station-house, and sent for his uncle, who charged him with this—I found 8s. 4d. on him.
Prisoner. He said I had robbed my uncle of 32l. Witness. I did not.
Proisoner I was at work at the time over Waterloo-road—the child who was left at home with me, had robbed her three weeks before.
Prisoner She told me her own boy had robbed her of upwards of 4l.
Witness. I did not—I said the boys had spent money while I was out; they sold coals and spent the money—that was the boys I employed to carry out coals—I discharged them—they had been spending the money with my little boy before.
NOT GUILTY .
First Jury, before Mr. Recorder.
1793. RICHARD HITCHINGS was indicted for feloniously breaking and entering the dwelling-house of Edward Reed, on the 28th July, at St. Matthew, Bethnal-green, and stealing therein 3 tame pigeons, value 1s. 6d., the goods of John Reed.
JOHN REED . I am a corn-chandler, and live in Church-street, Bethnal-green. On the morningg between the 28th and 29th of July, I lost some tame pigeons out of the loft of my father's house—the tiles seemed to have been shifted, and put on again—I was three of the pigeons the following day in the prisoner's loft, next door but one—I found the prisoner in the house at work, with another young man—I told him I had come after the pigeons—he said they were up in his loft; the officer was with me—he said they had fallen down the chimney-pots—we went up to the loft, and they were there—he said I ought to pay him 6d. each for "trappage"—the pigeons I lost are worth 1s. 6d.—I had fed them that night and they could
not get out unless somebody had let them out—I saw marks in the gutter, as if somebody had been there—there was a little mud.
Cross-examined by MR. PAYNE. Q. Is there not a custom of paying "trappage" when pigeons come to another man's place? A. If any body catches a pigeon, they will make you pay for it before they give it you—I have caught people's pigeons myself, but never made them pay for them—other persons' pigeons have come to me; but unless you have pigeons yourself, they will not come—they do at times go down a chimney—they are always locked up at night—I do not keep traps and snares at the top of my house—there are traps to draw the doors up to let my pigeons out and in—when they come in they cannot get out again—it is to stop my own pigeons from going out—strange pigeons often come in—all the prisoner's chimnies are wired but one, but my two pigeons could not get out unless somebody let them out—these pigeons had eggs, and were on the eggs—I saw them all there on the 28th of July—I did not count them, but I can miss one without counting—nobody goes up to the roof but myself and brother—I do not walk on the tiles—it is a left at the top of the house—I do not mean to say the prisoner got in, but somebody must have got in—he said directly that they were in his left, and took us up there at once—they have since brought another pigeon, and said it flew down the chimney, but it was not mine.
NOT GUILTY .
1794. ELIZABETH BROWN was indicted for feloniously breaking and entering the dwelling-house of Thomas Jackson, on the 31st of July, at St. Paul, Covent-garden, and stealing therein one dead fowl, value 3s.; his property.
JOSEPH BELASEO . I am going on for fifteen years of age—I live in White Hart-yard. On the 31st of July, I was near the shop of Mr. Jackson, in Bow-street—I saw the prisoner fold a handkerchief round her right hand, and thrust both her hands through the window, and take a dead fowl out of the window—she was laid hold of with it—she was intoxicated.
WILLIAM PASSFIELD . I am the shopman to Thomas Jackson, who is a tavern-keeper, and lives at No.33, Bow-street, in the parish of St. Paul, Covent-garden. I was in the shop—I heard the glass smash, and ran out—laid hold of the prisoner, who had a fowl, which I had placed in the window about half an hour previous—she seemed drunk—she was very abusive indeed.
Prisoner's Defence?. I knew nothing of it, I was so drunk.
GUILTY. Aged 40.—Recommended to mercy. .— Confined One Year.
1795. LAZARUS LEVY was indicted for feloniously breaking and entering the dwelling-house of Edmund Fleming, on the 27th of July, at Christchurch, London, and stealing therein 13 rings, value 15l., his goods.
WILLIAM JOHN SMALLSHAW . I am foreman to Edmund Fleming, a pawnbroker, at No. 90, Newgate-street. On the morning of the 27th of July, about a quarter to eight o'clock, I heard a crack at the window—I was at the farther end of the shop—an alarm was given of "Stop theif," and the prisoner was brought back—seven mourning rings were produced, which the officer has got—there had been thirteen rings on the card—they were worth 14l. or 15l.—the selling price is more.
Cross-examined by MR. PHILLIPS. Q. The officer brought the rings into
your shop? A. Yes; they were those I had lost—I am certain they had been drawn out of the window.
JAMES MITCHELL . I am a patrol of Farringdon Within. I was in Newgate-street on the morning of the 27th of July, and heard the cry of "Stop thief"—I ran down Ivy-lane, and caught hold of the prisoner—I took him to the Compter—I saw him put his hand into his pocket, and as we went by a grating, he threw down a card of rings, which I now produce—I took them off the grating.
Cross-examined. Q. Were you always positive that he threw down the card? A. I have known him a long time—I am satisified he threw them away—I always said so.
WILLIAM JOHN SMALLSHAW re-examined. These six rings are my master's, I am quite certain—they could not be taken, except by breaking the window—I saw them safe about half an hour before—the house is in the parish of Christchurch, Newgate-street.
Cross-examined. Q. State the name of the parish? A. Christchruch, Newgate-street—all the parish receipts have that on them—that is the name I have seen.
COURT. Q. Do you mean the parish is Christchurch, but situated in Newgate-street? A. The receipts for the rates statd "Christchurch, Newgate-street."
(Several witnesses deposed to the prisoner's good character.)
GUILTY of stealing only. Aged 22.— Transported for Seven Years.
1796. DANIEL SMITH, alias Donovan , was indicted for feloniously breaking and entering the dwelling-house of Francis Butcher, on the 5th of July, at St. Dunstan Stebonheath alias Stepney, and stealing therein 7 sovereigns, 1 half-crown, 10 shillings, and 1 sixpence, his monies.
FRANCIS BUTCHER . I live at No. 19, Holme-street, Green-street, in the parish of Stepney, or St. Dunstan Stebonheath. On the 5th of July, I went with my family to Fairlop fair—I went between nine and ten o'clock in the morning I locked the house up—the side door was locked, and the doors and windows all fast—nobody was left in the house—the inside door was left ajar—I have two lodgers, they both went with me—I returned about ten o'clock at night, and found my brother-in-law, who lodges with me, there—I found in my bed-room two boxes broken open, and the drawers open—I missed seven sovereigns, ten shillings, one half-crown, and sixpence, from a box which I left locked, and had the key—my brother is not here—he was not at the office—he was the first that got home.
Cross-examined by MR. PHILLIPS. Q. Did your lodgers contniue at the fair with you? A. They did all—day my brother went home some time before me—he might have been at home an hour before me—he had no key of the door to get in with—he must have waited till I got home to get in.
WILLIAM HENRY NOON . I am a retailer of beer. On Sunday afternoon, I was called buy Dempsey, a cooper, to Mr. Butcher's bouse, about half-past three o'clock—I went to the door in Green-street, and Dempsey to the other door—we knocked for four or five minutes, and heard a noise at the stable door—Dempsey ran to the stable door, and secured the prisoner by the collar—I secured him also—he lifted his arm to strike me, and I laid hold of his wrist—he called out for Jack to come to his assistance—I took him to the back parlour of my house, and then went back to Mr. Butcher's house throught the stable—I found the back door open—I saw a box in
the bed-room with the lid broken open—next day I found a picklock key under the chair where the prisoner had sat in my house—I first went to the prosecutor's house, the stable door, and all the other doors were fast—I went there in consequence of Dempsey alarming me—the prisoner was within the stable door.
SAMUEL RICHARD CUTBILL . I am an officer. I was sent for to take the prisoner into custody, in Noon's parlour—as I entered the room he threw three keys and a handkerchief on the ground—I found two knives on him, thirteen skeleton keys, two shillings, and three-halfpence—I found the money in his waistcoat pocket, with a chisel and pencil-case.
JAMES DEMPSEY . I live opposite the prosecutor's premises. On Sunday afternoon, I saw a man knocking repeatedly at the side-door, and then put something into the keyhole, which did not open it—he then put something else in, and that turned round—he then walked into Green-street, and then the policeman came down a short distance—he then returned, walked in, and closed the door after him—I put on my coat, and went down to Noon's and told him—he came to the shop door, and I to the private door—I knocked repeatedly, but they did not open it—I said, as loud as I could, "We will call again; Mr. Buteher is gone to the fair"—I said that to throw the prisoner off his guard—we knocked repeatedly, and I heard a rustling at the gate—I ran to the gate, and took the prisoner inside the gate leading to the stable that is built in the yard—he must have come from the house—he could not get to the stable without going into the house—the gate was closed, and he came out—it was fastened when I first went—I took hold of him—he said he was a friend of Mr. Butcher, and had come to hire a vehicle—we took him into Noon's bacck parlour—I heard something drop from him there—I saw the keys found on him at the station-house, with a chisel and a knife.
Cross-examined. Q. Is there not a door to the stable? A. No, not from the street.
COURT. Q. Did you find the stable door open or shut? A. Open—there is a door opens into the street—the gate leads into the stable from the street. GUILTY . Aged 30.— Transported for Life.
1797. JOHN SLAITH was indicted for feloniously breaking and entering the dwelling-house of William Coventry, on the 6th of June, at St. Luke, Middlesex, and stealing therein 45 bandkerchiefs, value 4l. 10s.; 21 yards of silk, value 3l.; 36 yards of ribbon, value 14s.; and 3 shawls, value 12s.; his goods.
ANN COVENTRY . I am the wife of William Coventry, a linen-draper, and live in Old-street. on the 6th of June, in consequence of information from a little girl, I observed parrt of a pane of glass taken out of the shop window, and missed a bundle of silk handkerchiefs, a shawl, and some ribbon—I had put the things into the window half an hour before—I lost a bundle of black handkerchiefs, and twnty—one yards of silk, and other things, worth from 5l. to 6l., together—I am sure it was above 5l.—the window was all safe at half-past eleven o'clock.
THOMAS TOOLE . I live in Old-street, nearly opposite the prosecutor. On the 6th June, about twelve o'clock in the morning, I saw the prisoner and another one, who has been convicted the sessions before last, and another—all three of them together attempted the window three of four times—I went on the other side of the way, as one them knew me—I saw them
cross over, and sat down at my own door—I at last saw them go and break the window—the priosner's brother took a wire out of his hat, and drew the black handkerchiefs out, and gave the wire to the prisoner, who them drew something more out with the wire, and then the others did the same—all three ran away toger—I ran after them, but could not see a policeman—they got into some mews—I lost them altogether—they were taken afterwards—I am positive the priosner was one of them.
Prisoner. He said he saw my brother take a brad—awl out of his pocket and break a windows. Witness. I never said a word of the kind—I saw them both break the window—I said nothing about a brad-awl—I was called to identify the prisoner at the office, and pointed him out, among severral others, in the lock-up place—I have often been a witness here—I have mostly got my expenses—I have gone without them once or twice, I believe—I have had my recognizances estreated—that is settled, I believe—I have been in the habit of assisting the officers—people are very much prejudiced aginst me through Mr. Murphy, the sell-mob lawyer—I was a witness before the Common Sergeant—I believe he allowed me my expenses—I never was refused when I asked for them—I do not remember their being refused—I do not think your lordship has refused me my expenses in the other Court—I do not recollect it—I am a shoemaker—I lived several years with Mr. Wilson, in Goswell-street—I am quite positive I saw all I have stated—I should not think I have been a witness twenty times but I cannot say exactly, I am sure—I dare say I have a dozen times—I generally save the property—I have been recommended by the inhabitants, and had petitions signed for me to the different offices by the inhabitants—I never recollect the Judge telling me never to show my face here again—Murphy, the swell-mob lawyer, thought proper to bring certain accusations against me, and I have an action against him now—they knocked me down while I was endeavouring to take two of the swell-mob.
MARIA HARDY . I am the wife of Samuel Hardy, and live in Old-street. on saturday, the 6th of June, I saw the prisoner, who had a blue frock coat on, coming to his brother, close at Mrs. Covdentry's window—I did not see him do any thing whatever—he came right across from the other de of the street—his brother was closer to the window than he was—he was two or three feet from the window—his brother stood close to it—I did not see a little boy there—it was between twelve and one o'clock—his brother spoke to me, for I accidentally ran against him as I went by—he said, "D—n you! can't you see where you are running to?"—I did not know that it was his brother—I never knew him before—I was sent for to Worship-street, and knew the prisoner again—I am quite certain of him—I know Toole lives opposite us—I never spoke to him before this occurrence.
WILLIAM ATTFIELD . I am an officer of Worship-street. I apprehended the prisoner on another charge—I know Toole—I never had any thing to do with him—I have hearrd he was a witness, and would identify the persons—I hearr he has been here—I do not knnow how many times—I had to personal knowledge of him—I might have seen him once or twice—the prisoner resisted being taken, considerably.
ASN COVENTRY re-examined. I never described to Toole how I lost my property. The policeman told me it was Toole had followed the prisoner, as he understood, and then I sent for Toole—I know of no means by which he could know how the property was taken unless he had seen
it—Toole did not come to me till I sent for him, on the Monday after the policeman had told me of it, but he had been to me two or three nights before, and cautioned me that my window would be cut—it had been attempted once or twice before.
THOMAS TOOLE re-examined. Bishop's son saw me follow them—I prevented them cutting the window two or three nights before—I was very unwell at the time—I had been so insulted here I did not intend to have any thing to do with it
NOT GUILTY .
1798. WILLIAM WAKEMAN, WILLIAM CAPEN , and JOHN MORRIS were indicted for stealing, on the 1st of August, at St. James, Westminster, 1 cash-box, value 30s.; 11 sovereigns, 2 half-sovereigns, 3 half-crowns, and 8s.: the goods and monies of Edward Rea, the master of wakeman, in his dwelling-house
EDWARD REA . I am a chemist and druggist, and live in Wardour-street, Soho, in the parish of St. James, Westminister. the prisoner Wakeman was in my employ nearly a month as errand-boy—he left on the 1st of August, without notice—I had given him notice to quit that night, but he went without my knowledge—I had desired him to leave my service, but did not mean him to leave that night—he might have come on Sunday morning if he chose—I went for my cash-box next day, which I kept in a cupboard, and missed it—I had left it safe on the Friday, the day before he left—it was locked, and contained eleven sovereigns, two half-sovereigns, three half-crowns, and about 10s.—Wakeman was afterwards apprehended—I asked him what had become of my box—he said it was sunk in the Thames, filled full of sand.
Cross-examined by MR. PAYNE. Q. At what time did he leave you? A. About a quarter before eight on Saturday night—I have a nephew in my employ, but he was out of the house at the time—I asked him about the box at Marlborough-street the day he was taken—Avis, the officer, and the prisoner's father were present at the time—the cupboard the box was in was not locked—it was usual to leave it open, having different books in it—I did not generally keep my cash in the box, but the box was always in the cupboard—I took money out of it the day before, about noon—the money was then in it—I have never said there were fourteen sovereigns—there was a bill for 25l. which I had to keep for a friend—I said there was the amount of 14l. in the box—I will not swear to the exact silver—the prisoner said that the money was spent, and Capen and Morris had part of it—it was a dark brown rosewood dressing-case.
JAMES HILL . I am in the employ of Mr. Ellis, of Wardour-street. On the evening of the 1st of August, I was Standing outside of the shop, and saw Morris standing at the corner of Orange-street, and Capen walking backwards and forwards in front of Mr. Rea's shop, which is two doors from the corner of Orange-street—it is opposite my master's—I saw Wakeman come out of the private door, with the box under his arm, and give it to Capen, who gave it to Morris—they went down Orange-street all three together—it was a dark brown box—I had never seen it before.
Cross-examined. Q. Had you seen any of the boys before? A. Yes: I had seen them all at work, when I was going on master's errands—they took my attention, because they went out with Wakeman on errands, when he went out during that week—this was about twenty minutes to eight o'clock.
Copen. He came and called me out of Dean-street—I was notn near Wardour-street after twelve o'clock in the day.
Wakeman. I never saw him that night—he was at King-street, but had nothing to do with the box.
GEORGE AVIS . I am a constable of Marlborough-street. In consequence of information, I went to Rochester, on Tuesday, the 3rd of August, in search of Wakeman—Mr. Gilbert there gave me some silk handkerchiefs, a piece of calico, and two caps—I afterwards saw Wakeman in custody at the police-office, and questioned him—I neither threatened him or made him any promise—I asked him how he came to rob his master—he said he was induced to do so by the other boys—I asked what had become of the box?—he said, they had filled it full of sand, and sunk it in the Thames, by Waterloo-bridge—I asked him what quantity of money there was—he said Capen told him there was only 7l., and that Capen opened it—I went to King-street, Golden-square, and found Capen there—his father fetched him out of bed—I took him on the steps of the door—he said he wished to give himself up, for he knew he should be taken—I took him to my own house—I took the cap off his head, and produced another cap—I asked him if it was his—he said it was—I had brought that cap from Rochester—he said the money was spent—I showed him the articles I had, and asked him if they were the articles he purchased at Rochester—he said they were.
Cross-examined. Q. Is it your practice to ask questions of prisoners of that age? A. Yes: I always caution them first not to say any thing unless they choose, that I should not seduce them to do it—if they have any thing to say, they may say it—I asked him the questions, but I cautioned him previously—I have been an officer sixteen years.
Morris's Defence. He said in Marlborough-street that he saw Wakeman bring it out in a sack.
Capen's Defence. I had nothing at all to do with it—I only went with him to his aunt Rochester—I was at home all day on Sunday, and Saturday night too.
CAROLINE EDWARDS . I know Morris—he was a complete stranger to me—I removed into his house about a month ago—on the Saturday this was done, I met him coming up the stairs, between eight and miss o'clock, and he was at home till Monday morning, at the house, No. 93, Berwick-street—I know Wardour-street; it is close to Berwick-street—I saw him first between eight and nine o'clock—I should not think it was above half-past eight o'clock when I met him coming up stairs
JAMES CAPEN . I am the prisoner's father—I was not at home on Saturday the 1st of August—I came home about half-past nine, to the best of my recollection—I was out on buisness—I do not know where my son was next day—he was not at home—the officer applied to me after he had been to Rochester—I delivered him up to the officer the first oppurtunity I could—I locked him up, and sent for Avis—he has worked at several respectable places—I never knew him dishonest before.
(Elizabeth Prest, of Dean-street, Soho; John Housely, Ely-court, Helborn deposed to the prisoner Wakeman's good character: and Daniel
Besley, Queen-street Diana Giles, Chapel-street, soho, to that of Morris; and Elizabeth Sangster, of Well-street, to that of Capen.
WAKEMAN— GUILTY . Aged 11.
CAPEN— GUILTY . Aged 14.
MORRIS— GUILTY . Aged 14.
Tranported for Life.
Wakeman recommanded to mercy by the Jury, believing him to have been seduced by the other prisoners.
NEW COURT.—Thursday, August 20th, 1835.
Fifth Jury, before Mr. Common Sergeant.
1799. EDWARD STILL , was indicated for stealing in the 3rd of august, 9 handkerchiefs, value 12s.; 4 cravats, value 3s. 4 pair of stockings, value 4s.; 1 night-cap, value 2d.; 1 pair of gloves, value 6d.; and 2 shirts, value 5s.; the goods of William Hine, to which he pleaded
GUILTY .—Recommanded to mercy.— Confined One year.
EDWARD LOW . I lived in Old-street, and am a cow-keeper. On the 17th of July I received information, and went to my sheds in White's-yard, and missed some lead—I cannot swear to this lead, but one part fits the turn of the gutter—I have lost about twenty feet—there was nothing particular about the nail-holes—I believe it to be the lead I have missed.
Cross-examined by MR. PHILLIPS. Q. Is it not of such a construction that it would fit fifty places as well as that? A. I deny that; I think it would fit no other gutter.
JAMES HAYWARD (Policeman G173.) On Friday, the 17th, I was on duty in Golden-lane about two o'clock in the morning, and saw the prisoner Price come running across, leaving Etteridge behind him, with something which he put down and ran away; I went to the place, and found it was this lead; I took it to Davies, and went after the boy, but could not see him. till Davies told me he saw him—I took price—I fitted the lead and believe is belongs to that place—on leaving Etteridge, as soon as price got sight of me, he whistled to etteridge, who put down the lead.
Cross-examined. Q. Is the piece that you fitted? A. Yes there are no nail-holes in it, but it fitted the place it was taken from—here ia a piece that fits the piece that Etteridge put down—some of the other lead was found under a cart—the three pieces fit the gitter exactly—these two pieces were nailed on those, one over the other—Etteridge has a brother very much like him, but stouter—I know them both.
ROBERT DAVIES . I live in Golden-lane, and am a hair-dresser. On Friday morning, a little before two o'clock, I was standing at my shop-door—I received this lead from the last witness while he went after the prisoners—I saw the prisoners together that morning, above Five minutes after the lead was given to me, standing at the corner of the court—they had an oppertunity of seeing the lead and me,
Cross-examined. Q. What are you? A. A hair-dresser—I have Known the policeman two months—I saw the policeman ten minutes after I saw these two boys—I went up the lane, but did not see Price with the lead—I never said that I did, and that I saw Price put down the lead—O only saw price—I saw them both together afterwards—I was not asked this at first—I saw Price two or three minutes before two o'clock—the policeman
was aside of him then—he was not custody—the policeman gave me the lead in two or three minutes—he then crossed the road, and went down Baskett-alley—I could not see what they were doing—it was fifty yards off—the policeman called me, and asked me to take this piece of lead—I saw Etteridge then—I saw the price and the policeman together—I saw Etteridge five or six minutes after, at the corner of Benbow's rents—that was after the lead was given to me.
Price Defence I saw nothing of the lead—the policeman spoke to me, and then I crossed the lane, came down again, and was taken.
Etteridge's Defence I do not know anything of it—I was in bed.
Cross-examined. Q. Do you know that he had been taken before, and let goto appear when he was wanted? A. Not to my knowledge—he was at the station-house before I apprehended him on Sunday—the theft was alledged to have been committed on friday morning—he was at the station-house on friday, between ten and eleven o'clock at night—he was allowed to go at large with his father. after the charge of stealing had been made against price—because the boy Etteridge was taken to the station-house—the charge against price had been made before eleven o'clock on friday evening—I went to his father's house to look at the lead—there was none of the lead there that was charged by Mr. Low to be stolen—one piece I found at his father's corresponds with the other lead.
Q. Did you not swear it was not Mr. Low's? A. I did not know what you were speaking of—Mr. Low does not believe it to be his.
THOMAS ETTERIDGE . The prisoner Etteridge is my son. On friday, about two o'clock in the afternoon, I went to the police, in consequence of some lead that hed been left at my house—I went with my boy to the station-house, and was there an hour or an hour and a half—my boy was dismissed, on my promise that he should be forthcoming when wanted, by Mr. Berry—my boy was at home all the Saturday, and was taken on Sunday, the 19th—there were no less than five examinations—he slept at home the night the robbery was alledged to ace been committed—he was in bed with his brother.
NOT GUILTY .
1801. HUGE MACKIE was indicated for stealing, on the 7th of August, 1 pair of trowsers, value 8s. 1 waiscoat, value 8s.; and 1 pair of half-boots, value 4s. 1 frock, value 1s. and 1 handkerchief, value 6d.; the goods of william Bilby Viney.
The witness did not appear.
NOT GUILTY .
EDWARD HARGRAVE . I live in Church-street, Bethnal-green, On Monday evening the 27th of July—I received information which induced me to examine, and I missed one pair of shoes from my stall; they have not been found since.
HENRY QUINTON . I am the son of John Quinton, of Old Nicholl-street, on the afternoon of the 27th of July, I was at the corner of Club-row, and saw the two prisoners together—I saw the Masterman take the shoes from the prosecutor's stall, and Baker took them from her—I knew Bsker before.
Masterman's Defence. I did not take them; I did not see any.
Baker's Defence I was at work, and was not there.
MASTERMAN— GUILTY . Aged 14.— Confined one Month.
BAKER †— GUILTY . Aged 15.— Transported for seven years.
WILLIAM DALE FARLEY . I live in Lancaster-place, Strand. On the 15th of July, I was in Blackfriars; I felt something at my heels—I turned and saw the prisoner with a handkerchief, which I believe was mine, and pursued him to the bridge—he threw it through the balustrades into the river—I believe it was mine.
Prisoner. Q. Did you see the handkerchief? A. I saw the corner of it, and the border—I had had it at the corner of Farringdon-street—he struck me, and tore my shirt, and I lost my mourning-pin—I held him for ten minutes, and took him to the corner of the bridge, before I could get assistance—there were several persons who saw me struck by the prisoner.
Prisoner's Defence. I got a little too drunk, but I did not see the handkerchief.
GUILTY . Aged 21.— Confined Six Months.
HARRIET THWAITES . I live in Plumber-street, City-road, and am a window. The prisoner was employed by me at his own house—I had given him this leather at different times to make shoes—I did not ask him for the shoes or the leather—I used to give him two dozen, and then he would bring in perhaps half of them, and he has cabbaged the leather—this is my leather, and ought to have been made into shoes—I was nearly losing my work from my master.
Cross-examined by MR. CHAMBERS. Q. You said you gave out large quantities of leather? A. Yes: perhaps two dozen pair—it was cut out in the pieces—this is sole-leather—there is no overplus, if the men do me justice—the corners are of no use to any one—five soles are to be made out of one piece—I never heard of perquisites of whole soles, only of the cabbage—I do not know that these men insist upon these perquisites as their right—the prisoner's general work was a dozen a day, sometimes sixteen—these are cut for soles—some of them might have been worked up and returned to me, but not those which he offered for sale—I should. not have been satisfied if he had returned the number given him, if the work was made inferior—he of course returned the same number that I delivered to him, but in a very improper state—if he wets the leather, and beats it out till it is as thin as a sixpence, that must spoil the work—I believe he had worked for Mr. Thompson in Cheapside—these were giren to the prisoner to make at his own house.
COURT. Q. Is that your leather? A. Yes: he had no right to pawn or sell it.
WILLIAM SIMS . I live in Glovers'-hall-court, and am a shoemaker. These leathers were offered for sale to me by the prisoner—they are worth 2l.—some of them he offered at 2d. a pound, some 3d.; which would bring it to 8s.—I went for and officer, and had him taken—he said he worked for Mr. King, St. John-street.
(Solomon Jefferus, a master shoemaker, of No. 4, Craven-buildings, City-road; W. West, shoemaker: John Matthews, umbrella-maker, of Macclesfiedld-street; and John Anderson. journeyman shoemaker, gave the jprisoner a good character.)
GUILTY . Aged 22.— Transported for Seven Years.
1805. SARALL PARTRIDGE was indicted for stealing, on the 1st of Novemeber, 1 1/2 yard of muslin, value 3s., the goods of Francis Squibb, (since deceased,) her master; and 1 hair-chain, value 1l., the goods of Mary Ann Rippon.
MESSRS. BODKIN and PERRY conducted the Prosecution.
JAMES COVINGTON (police-sergeant C 9.) I was sent for by Measrs. Rushworth and Jarvis, on the 22nd of July, to Saville-row, for the purpose of taking the prisoner's fellow-servant into custody—I went back afterwards, and searched the top room of the house; the room used for the servants to sleep in—the first day I searched for money, and found a sovereign—I went afterwards, and found this hair-chain, in a small red box that was locked—the prisoner gave me the key of it on the Monday I saw it, but did not remove it—on the Wednesday I went again—it was locked—I sent for a man to open it—I found the muslin in a box that was locked—a man broke it open—Mrs. Squibb was there.
Cross-examined by MR. PHILLIPS. Q. When was it you first searched the prisoner's box? A. On Monday, the 22nd of July—she was at the station-house—when she was brought up for examination, I produced the sovereign from her box—I do not remember whether I told her that I had searched her box—after I searched her box, I think I spoke to her in the office—I am sure of it—I gave her back the keys—I gave them to the Inspector, who, I believe, gave them to the prisoner—the boxes were opened by a smith the second time—she was confined, and I did not know where to find her—I did not search the box the first time for the chain, but for money—I did not tell any one about the chain—I do not remember seeing the muslin the first day—the chain, I think, is lighter in colour than the prisoner's hair.
Re-examined. I was sent to search for money on Monday, and nothing else—the prisoner was then in custody, and was remanded till Friday—I do not remember that she made any statememnt about that hair-chain.
HELEN SQUIBB . I am widow of the late Francis Squibb—the prisoner resided with me for five or six years—I missed a piece of India muslin, during the life of my husband—I made search for it throught the house—it was about the beginning of the year 1833—I was assisted by the prisoner—I could not find it—this is the piece that was searched for.
Cross-examined by MR. CHAMBERS. Q. How did you obtain this piece of muslin? A. It was in a chest that was sold by my husband, belonging to Lady Jones—my husband died in December, 1833—there was not a great deal of this kind of muslin—it was divided between three Ladies—none of it had been sold by Mr. Squibb in the sale-room; this had never been in the sale-room—I have frequently made the prisoner presents—my husband did not make her presents, to my knowledge—he left her 2l., and a brooch.
Q. Now do you see this other piece of muslin made into a collar (producing it); compare it with the other; is it of the same quality? A. Yes; but one has been washed, and the other has not—I never saw the prisoner wearing this openly about the house—I might have seen it—I do not notice servants' dresses—I have no recollection of this collar being found in the box with the muslin—in 1834 I went to Ireland, and left her in care of the house; so that she had two years to dispose of the muslin—I did not leave her money to pay bills—I left her a sovereign, to pay contingent expences—I never authorised her to receive money from tenants—I may have told her if any weekly tenants called, to take the rent.
Re-examined. Q. You had great confidence in her? A. Yes; snd when application was made to have her boxes searched, I hesitated—I have no doubt this muslin is mine.
Cross-examined by MR. PHILLIPS. Q. There is no particular mark on it? A. No private mark; and it is of no particular pattern.
(The prisoner put in a written defennce, declaring her innocence.)
NOT GUILTY .
1806. SARATH PARTRIDGE was again indicted for stealing, on the 29th of July, 1 handkerchief, value 1s.; 2 wine-glasses, value 2s.; 4 glass-cloths, value 1s.; 1 table-cloth, value 3s.; 2 Pillow-cases, value 2s.; 5 towels, value 4s.; 1 brush, value 6d.; 1 plate, vallue 6d.; 1 sheet, value 23s.; and 1/4 of a yard of grass-cloth, value 2s.; the goods of Geourge James Squibb, and others.—2nd Count/, stating them to Helen Squibb.
JAMES COVINGTON (police-scrgeant C 9.) On the 27th July, I went to the premises of Mrs. Squibb—I scarched the top room—I went the second time, and found these things in a large box—I found this plate, these glasses, and brush—that was all I found—it was the prisoner's box—she told me so—it was locked, and she gave me the key.
Cross-examined. Q. Had you the key when you asked if it was her box? A. No; I had delivered it up—she told me it was her's when she was brought up for examination, I described it to her—she knew I had had the key—she never made the least concealment of it—the house is good-sized, and well furnished.
HELEN SQUIBB . These articles are mine—I never gave them to the prisoner—I missed one cambric handkerchief—I have no other like it—I searched for it, and mentioned it to the prisoner—I never gave her any of these articles of linen.
Cross-examined. Q. Do you know how many handkerchiefs she had of her own? A. No; she did not employ the same washerwoman as myself; her linen is washed at home—this plate is the bottom of a bread and butter plate, the cover was broken in Mr. Squibb's life-time—the prisoner had returned one for the broken one—there is another; she might have got another, and put it among mine.
Prisoner's Defence. The things were left me by my grandmother at her death—how the handkerchief got into my box I do not know.
MRS. SQUIBB. I swear to this handkerchief—it is marked—this towel has the mark of the "F" being picked out, and the "S" remaining—and the same with respect to the other—I can swear to one of these pillow-cases, which has the remains of an "F" picked out, and the "S" remaining—from examining these marks, I swear that they are mine, and were once my husband's.
MR. CHAMBERS. Q. Is not the prisoner's Christian name Sarah? A. Yes; her surname is Partridge—her aunt's name is Fagan—I do not know that she had many articles given her by her grandmother—she never told me so—I heard that she was going to be married—I never saw her making pillow-cass and things of that sort—I did not look over the things as they came in, before they were put into te store-room—among these articles there was a sheet and a table-cloth—I do not mark my linen; it is marked "F. H. S" at present.
NOT GUILTY .
JOHN EDWARD RIGBY . I live in Shoreditch, and am an ironmonger. At a quarter before nine o'clock, on the 11th of August, I was passing through Norton-falgate; a woman spoke to me, and I saw the prisoner running; I pursued, and caught him—I found a handkerchief on him—it is the same pattern as the one I had just lost—but has no mark on it—I believe it is mine—I had seen it half-an-hour before—I charged the prisoner with stealing it, before it was found—he said he knew nothing about it—it was between his legs, inside his trowsers.
Prisoner. I picked up the handkerchief, and put it into my pocket.
FREDERICK EAGER (police-constable H 52.) I was called, and took the prisoner—I asked him if he had taken the handkerchief; he said, "No;" and showed me an old one, and said he had none other—I searched, and found this one between his legs, under his trowsers—I produce the ocrtificate of the prisoner's former conviction, by the name of W. Clark—he is the same man.(read)
GUILTY . Aged 16.— Transported for Seven Years.
MESSRS. BODKIN and PERRY conducted the Prosecosctiobn.
WILLIAM SEAWARD . I am town-carman, and reside on Dowgate-hill—I send carts to fetch goods from the Docks. On the 24th of July, a person in my employ went to St. Katharine's Docks, to fetch thirteen bales of wool—I afterwards found the cart, with two bales short, in Hooper-square—the wool has never been found.
WILLIAM HUBBARD . I am carman to Mr. Seaward. I went to St. Katharin's Docks on the 24th of July, for thirteen bales of wool—I left my cart at a public-house door in the Minories; when I returned, in ten minutes, the cart and wool was gone—it was after four o'clock when I left it—I did not see the cart again till very near nine o'clock; when it was in Hooper-square—there were two bales gone—I had counted them when I had left them at the Camel public-house.
Cross-examined by MR. CLARKSON. Q. Do you think you would have lost it if you had not gone away? A. No; but one of my mates, whom they call Tom the Butcher, had got three bags off his cart—he came out of the Dock, outside the wall, with me—I did not go into the public-house—I left my horse drinking at a pail at the public-house door, and went to help my mate—a man who drives for Mr. richardson told me he had three bags of wool off, and when I came back my cart was gone.
my house, just round the corner; it was loaded with bales, which appeared to be wool—about five o'clock, I saw the prisoner pass with bis cart loaded with coals, and an hour after he came by with it empty—he went as far as Leman-street, then turned to go back the same way—he had a little pony, led by a little boy—he went up Leman-street—I then heard a confusion—I went out, but the town-cart prevented me seeing the pony—I stooped down—the prisoner's cart was then by the side of the town-cart—I saw the tail-board fall down, and one bale fall into the prisoner's cart—I saw the prisoner, about three minutes afterward, go with his card up Rupert-street, and another man leading his pony behind—I could not see whether the bale was in the cart or not—the cart would conceal it where I stood.
Cross-examined. Q. Where did you see the town-cart? A. In Hooper-square—I had known the prisoner by passing, but never spoke to him—I always considered him to deal in coals—it was a boy that led the pony the first time that I saw him, but it was a man afterwards—it was the pony prancing about drew my attention.
JOHN SHAW . I know Hooper-square; it is half a mile from the Minories—I was playing there—I saw Mr. Ring with his cart there, and he drove away—I saw a town-cart, and the prisoner's cart standing alongside of it—I saw nothing done by the prisoner—I saw him drive away with one package in it; no more—I have known the prisoner about three years—he is a coal-hawker—he has a biggish cart, like a town-cart, and has his name on it—I heard the prisoner say to the man, "Take the pony back; do not follow me; take it down Lambeth-street."
Cross-examined. Q. Had you known the prisoner long? A. Yes; I was five or ten yards from him—several other persons were there—a bale of wool is such a thing as a cart would not very well hide—there were ten or a dozen persons when he drove away—it was about six o'clock, and broad day-light.
JAMES DARTNELL . I was in Hooper-square. I saw a cart stnding there with a black pony in it, and a town-cart, both stnding clone together—I did not see any thing put from one cart to the other—one drove up Rupert-street; the other stood still—I saw the corner of a bag sticking up in the cart with a black pony—I have not seen bags of wool—I have seen bags of cotton.
Cross-examined. Q. How many persons were about there? A. Very few; not above eight or ten—I saw the cart move off.
MARTIN WRIEDEN . I am a carman. On the 24th of July, I saw the prisoner about six o'clock—he was coming with two bags in his cart, going towards the Commerical-road, walking by the side of his horse—it was a spring cart, not a town-cart—I never saw bales of wool carried in it—it does not stand about for hire, that I know of; but I have known him do business for other persons.
COURT. Q. If any body came up to his cart he woul be likely to let it? A. Yes.
MARTIN REYNOLDS . I live in Upper North-street, Whitechapel-road. I am a potato-salesman, and deal in coals. On Friday, the 24th of July, the prisoner came to my house, about eight or half-past eight o'clock—he brought two bales of goods in his cart—I should suppose they were bales of wool—he asked me, (as a matter of favour, as he was going to the Docks, and was too late,) to let him leave them there that night, and when he brought my goods the next morning he would take them away—he said he had been to Stepney, and was too late to take them Docks—the
bales had marks on them—they remained till the next morning and his carman fetched them away about ten o'clock.
Cross-examined. Q. How long have you known him? A. Two years—I never heard any thing against him—I have often seen him carrying bales of ham, and other things.
DUGALD STEWART (police-constable H 91.) I apprehended the prisoner—he said nothing, but went as quiet as possible—the following morning, he said he was empolyed by two strangers, to take the wool, and had 5s. for it—he said he went down the Commercial-road, as far as the Half-way-House, and then he thought it was not all rights, and he turned back, and left the wool at man's of the name of Reynolds; two officers were dispatched there, with the prosecutor.
NOT GUILTY .
JOHN ASHTON . I live in Aylesbury-street, Clerkenwell. On the 15th of July, I lost 10lbs. of ham—I received information, and followed the prisoner, and he dropped this ham, which is mine—it had been in my window, outside—I had seen it safe ten minutes before.
GUILTY . Aged 14.—Recommended to mercy.— Confined Eight Days, and Whipped.
WILLIAM DANIEL TURNER . I live in Devonshire-court, Temple. About eight o'clock on the evening of the 3d of August, I was looking into a bookseller's shop; I felt a slight touch; I turned, and my handkerchief was gone—I saw the prisoner near me—I took him, and he dropped it from his bosom—it is mine.
Prisoner. I picked it up. Witness. No; he could not have done it.
GUILTY . Aged 14.— Transported for Seven Years.
JOHN GODFREY GROVE . I was in the Minories, about nine o'clock, on the 14th of August, and received information which included me to search my pocket—I missed my handkerchief, which was produced to me again—this is it.
GUILTY . Aged 20.— Confined Three Months.
MR. PHILLIPS conducted the Prosecution.
into Mr. Cane's shop, in Fleet-street, on the 14th of last month, and purchased a gallon of oil, a bread-grater, and 200 nails—they came to 9s. I paid the prisoner—I went there by desire of the prosecutor.
Cross-emamined by MR. CLARKSON. Q. Was the money Mr. Cane's? A. No; his brother's.
ELISHA RUSBY . I live at Crutched-friars, and am a stable-keeper. On the 14th of last month, I went to Mr. Cane's shop, and bought a pair of snuffers, a tray, and padlock—the snuffers cost 8s. 6d., the tray 4s. 6d., and the padlock 3s. 6d.
EDWARD CANE, JUN . I am in my father's employment. The prisoner was in his employment between fourteen and fifteen years—it was his business to serve the customers, and, to receive the money, and immediately to write it down on a paper that was in the till for that purpose—at the close of the day I examine the paper—I did so on the 14th of July—this is the book in which those papers were entered—there is nothing about the oil, nails, and gimlet—there is "Snuffers and stand 12s. 6d., padlock 3s. 6d. "—there is nothing on the 15th.
Cross-examined. Q. Here are "Nails 2d., and nails 6d.?" A. Yes; but that is not sufficient.
Re-examined. Q. Suppose the account was perfectly correct, world there be any difference on the 15th? A. Yes; 8s. 6d.; there is no part of that accounted for.
GUILTY. Aged 34.—Recommedned to mercy. — Confined Six Months.
REBECCA SAMUEL . I keep a stall in Petticoat-lane, and sell gold rings On the 4th of August, the prisoner came up while I was busy with two other girls—when I turned, I saw the prisoner had got a ring on—she asked the price—I said, 3d.—she went away; I followed her, as I missd a gold ring—she said she had not got it—I called an officer—she was taken—this is the ring I lost—it is worth 9s.
RACHEL ISAACS . The prisoner was brought into my shop—the policeman was sent for, and took her to the station-house—she was gone five or ten minutes, and this ring was found in the room where she had been—I gave it to Mrs. Wolf, to take to the station.
Prosoner. They brought the ring up after I got to the station, and said they found it in the room—there were two women in the room.
NOT GUILTY .
years in my service—on the 7th of August I was in the shop, watching, when Turner carried the wash through the shop—he had one pail—I supplied Simmonds with a stick to search it—there was nothing in it—Turner brought a second pail, which was scarched, and the pork was found in it—it was Philopott's duty to deliver it to Turner on the stairs—a fore-loin of pork was found—I called the policeman; the pail was further searched, and two legs and one hand were taken out—Philpott was in the shop when the first loin of pork was found—he said he hoped I would have mercy on him, as it was the first time.
Cross-examined by MR. PHILLIPS. Q. When had you seen the two legs? A. I had put them in salt the night before—I am sure they were sweet—the wash was taken from the cellar—Turner used to pay 6d. a time for the wash—he did not go down stairs to carry it away; he was always called when Philpott had got it ready, and then Turner went on the stairs.
Cross-examined. Q. But do you sell it? A. Yes; to a boiler, to boil down, and the lean is thrown away—when I sent had pork out with the wash, I was not aware that I could sell it to boil—I do not know that I ever retracted my permission to send it out in the wash.
Philpott's Defence. The good and bad pork were kept in two tubs; if I did wrong, I made a mistake.
PHILPOTT— GUILTY . Aged 30.— Confined One Year.
TURNER— NOT GUILTY .
1815. WILLIAM BRIDGES was indicted for stealing, on the 25th of July, one pair of half-boots, value 3s.; and one pinafore, value 1s.; the goods of Samuel Sprague, from the person of Frederick George Sprague.
MARY ANN SPRAGUE . I am the wife of Samuel Sprague. I have a little boy six years and a half old—I sent him out with his boots and pinafore on—I went out and found him crying, without his boots and pinafore—we sent and found the prisoner—the little boy pointed him out—these are the boots.
GUILTY . Aged 13.— Transported for Seven Years.
MARY BROWN . I live in Bunhill-row, St. Luke. The prosoner came on the 6th of August, and asked for some ribbon; we had some conversation—I then missed a buff ribbon—I asked the prosoner to look down and see if it had dropped—she said no, she had not seen it—I then asked if I had not shown it her—she said no, she did not remember it—she then went out I followed with the policeman, and found it in her bosom.
said she had got no ribbon about her—I saw the corner of it in her bosom, and took it out.
Cross-examined by MR. CLARKSON. Q. Did she not say that she intended to have returned it? A. Yes; in the morning she said she was so agitated when she found she had got it, she did not know what to do—she is a person of respectability.
NOT GUILTY .
WILLIAM SMITH (police-constable N 261.) I took the prisoner on another charge—I took these shoes out of his trowsers pocket—he said he had purchased them for 1s. 6d. of some man he had no knowledge of—it was between nine and ten o'clock on the Sunday morning, the 16th.
Prisoner's Defence. I live a quarter of a mile from the place I was taken—a person overtook me and offered these for sale—he said he most part with them—I gave him one shilling and sixpence for them—I had not got a dozen yards before I was taken.
NOT GUILTY .
JOSEPH JOHNSTONE . I live at Green-cottage, Hackney. On the morning of the 16th of August, at five o'clock, I put the window open—I had put my hat and gloves there the night before—I missed them before nine o'clock—I found the prisoner at a distance with my hat on and the gloves in it—this old hat was left at my house.
Prisoner's Defence. It was the some individual that I purchased them of—he said he was out of employment.
GUILTY . Aged 43.— Confined Six Months.
THOMAS SPENCER (police-constable N 121.) On Sunday morning, the 26th of July, I was in the New North-road. I saw the prisoner and another man—they had a basket—I searched it, and found the pot, which I took to Coulson.
Prisoner's Defence. On Saturday, myself and Arnold went to htis public-house—we drunk some beer, and at shutting-up time we had not half drunk the beer, when the landlady came in and said we must go out—we staid a minute—she came and took the light away—I poured all the beer into one pot, and took it outside, and drank the beer—we went to the door, but could not get in—we then went to the Bricklayers' Arms, and the policeman saw us, and took the pot—I should have taken it back again the next day.
NOT GUILTY .
CHARLES LONGLAND . I live in Old-street, St. Luke, and am a linen-draper. The prisoner has been in the habit of coming to my shop—the ribbon-drawers are very near to the window where the prisoner used to sit—this ribbon is mine—it has my private mark on it.
Prisoner's Defence. I had not been to Old-street for more than a week before this was found—I went into a shop in the City-road with a girl to match some ribbon she gave me this.
NOT GUILTY .
Third Jury, before Mr. Sergeant Arabin.
JOHN SIMPSON . I am a sailor. I came on shore the 6th of August, at Shadwell, and there found the prisoner—I had a sovereign when I came ashore—I changed it, and walked up the street with two or three acquaintances—I came down, and fell in with some more acquaintances—the prisoner was not one of them—she was not at the Coach and Horses, in my company—I was tipsy—I cannot tell where I lost my money.
ELIZABETH HARDING . I am a sailor's wife. I was at the Coach and Horses, and saw the prosecutor, but did not see the prisoner there; but at the Crooked Billet I saw the prisoner put her hand into his right-hand trowsers pocket—I said, "This man is robbed"—I fetched an officer—she was afterwards taken into custody.
ELIZA JACOBS . I was at the Coach and Horses, and then we went to the Crooked Billet. The prisoner came in, and the prosecutor made rather familiar with her, being in liquor—she put her arms round him, but I did not see her take any thing.
HARRIET RINGROSE . I went there for half a pint of beer for my mother. The prisoner was there with another female, and the prosecutor came in, and would go to speak to the other female—he then came back, and went to the prisonerr again—she put her hand on his shoulder, and turned his pocket out, and took our something, what I cannot say—the witness said, "That man is robbed"—she put her hand into her bosom, but what she put in I cannot say—the witness went out for a policeman—I came out, and the prisoner came out and ran home—I went and showed the policeman where she lived.
JOHN NICHOLAS (police-constable K K 38.) At a quarter before eleven o'clock on the evening of the 6th of August, I apprehended the prisoner—she said she had changed a sovereign at the Coach and Horses, but did not say whose it was.
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
SAMUEL OBORN SUMMERS . I am a butcher, and live in Skinner-street, Somers'-town. On Wednesday, the 12th of August, I was going to Romford—I met the prisoner about Stratford—he had the pony in question with him—I did not like the appearance of it—I agreed to give him 5l.—I purchased it—he said it was his own property; that he bought it of a dealer at Barnet—I questioned him very closely, and paid him for it—it was afterwards claimed by Mr. Biggs.
Cross-examined by MR. PHILLIPS. Q. Are you sure lie is the man you bought it of? A. Yes—the pony was found in my possession the same afternoon—I do not think it is worth 5l., but I had bid the money, and did not like to go back—I solemnly swear he is the man—Charles Clerk was in the cart.
Cross-examined. Q. Whose employ are you in? A. Mr. Cooper's—the affair lasted about a quqrter of an hour—the prisoner had on a cap—I saw his features—he had a white flannel jecket on—he was taken in the same dress he has on now.
Cross-examined. Q. Did you hear all that passed? A. Yes; Mr. Summers asked him if he had got it honestly—he said, "Certainly"—he said he had another, and a donkey, that he was in that way of dealing, and he bought the horse at Barnet—Summers then asked me for pen, ink, and paper, and wrote down the address, whiech proved false—he was paid 5l.—I never saw the prisoner before—I am a judge of horses—I considered the pony worth ten guineas, but not at that time, he was in a dirty state—I should not have bought him, in such a dirty state, for more than was given for him—after I had smoothed and washed, and given him a feed of oats, he appeared worth ten guineas—I have no doubt the prisoner is the man.
MICHAEL MILLER . I am servant to Mr. Biggs. I turned his pony into the close at Holloway, on the Tuesday night—I fastened it with the catch inside, and missed him the next morning—I afterwards saw it in Maiden-lane—it was Mr. Biggs's.
Cross-examined. Q. Was this gate locked? A. No; it could be opened by a person.
Cross-examined. Q. You never sold it? A. No; I could have sold it for 25l. last year.
Prisoner's Defence. I never saw the man or the horse.
GUILTY . Aged 19.— Transported for Life.
1823. THOMAS HENLEY was indicted for stealing, on the 16th of July, 1 watch, value 1l. 10s.; 1 watch-riband, value 2d.; and 1 seal, value 1s.; the goods of Joseph Newton; and that he had been before convicted of felony.
JOSEPH NEWTON . I am a watch-maker. On the 16th of July, I was in Redcross-street, at half-past nine o'clock in the evening—the prisoner and two others, arm in arm, came and met me—they shoved as if they were intoxicated—the
prisoner was in front of me, one of his companions on my side and one behind—I went to raise my stick to clear my way, and the prisoner laid hold of my seal and riband, ans drew a silver watch from my pocket—I went to lay hold of him, and thought I had got hold of him, but it was a blue bag that he had—he let go of that, and ran away—I pursued, and he was stopped—I am confident he is the person who took it—I never lost sight of him but a second or two—when he came to the watch-house, he acknowledged the bag was his.
Cross-examined by MR. PHILLIPS. Q. Was it day-light? A. It was neither dark nor light—it was light enough to discern a person—I had never seen him before—I was not frightened—they did not ill-use me—I lifted up my stick to make way, as I thought there was something the matter—I connot say that I was alarmed—I seized the bag which was under his arm—I plunged at him—I have been afflicted with a liver complaint, and am forced to use a stick; but that day I was better than usual; but towards evening I felt weak, and that made me take my stick—the other men got away.
JOHN HILL . I am a contable. I heard a cry of "Stop thief," and saw the prisoner running—he knocked me down, and my brother officer came up, and took him—he struck me a violent blow in the chest, and threw away something—I do not know what it was.
Cross-examined. Q. Was it dark? A. No; it was dusk, but it was a very light street where he threw it away—I know the prisoner—it was a light spot where he was taken—there is a light from a butcher's and a wine-vaults—it was at the corner of Whitecross-street, coming from Red-cross-street into Fore-street.
JAMES MURRELL . I am an officer. I heard the cry of "Stop thief"—I ran, and struck the prisoner on the head, which caused him to surrender—I searched him, but found nothing on him—there was a desperte resistance.
Prisoner's Defence. Hill states that I knocked him down—he was quite intoxicated—the people were forced to lift him up—after he got to the watch-house, he got up, and asked me what spite I had against him, and he hit me on the head.
GUILTY . Aged 21.— Transported for Fourteen Years.
EDWARD JONES . I am a police-constable. I tied some thinks in a handkerchief, and sent them to the prisoner to wash—I received the other things, but not the handkerchief back again—I asked my brother officer where it was; he said it was mislaid—we afterwards mistrusted the prisoner—I went, and found my handkerchief in her possession.
some dinner, and did not return fror two hours, when she came home dreadfully intoxicated—I then went to bed, as I had to go on duty that night; and when I awoke, the prisoner was gone—I went to No. 170, Drury-lane, where she lodged—I there found this pair of stockings, which are mine; they were new when she took them, but she had worn them from the time she came till she was taken.
Prisoner's Defence. I did not wear them above two days—I did not mean to steal them—I meant to wash them, and take them to her mother.
GUILTY . Aged 45.— Confined One Month.
EDWARD WINTER . I am a watchman. On the 24th of July, I was on duty in St. Paul's Church-yard—I saw Mr. John Ress, who was a stranger to me, and the prisoner picked his pocket of his handkerchief—he threw it down—I went up and took it, and took the prisoner—I told the gentleman, he went to the watch-house, and gave his name as John Ress—I am informed he is gone to America—he said it was his handkerchief—the robbery took place just through the piazza of St. Paul's school—I was standing by the church rails—I did not state that I was on the coach-rank.
(The prisoner put in a written defence, stating that he saw the handkerchief lying on the ground, and was in the act of taking it up, when he was apprehended by the witness, who declared he had seen him take it; which was false.
GUILTY . Aged 21.— Confined Six Months.
JOSEPH STROSBE . I work for Mr. Mark Marks, a cabinet-maker in Old-street. The prisoner had worked in that yard occasionally, but did not on the 24th of January—on that day, I saw him leaving the gate about half-past seven o'clock in the morning, with a plank of mabugany on his shoulder—I followed him to East-passage, Cloth-fair, wherre he pitched the plank—I went past him, and when a I turned, he was gone—I depasited the plank in a shop, and went after him—but I never saw him again till the 31st of July.
NOT GUILTY .
ALEXANDER GOBBY . I am the son of Dominick Gobby; he lives in Leather-lane. On the 21st of July, I was going down Leather-lane towards my father's house, and saw the prisoner with these two fenders on his shoulder—I asked where he got them—he said, "From the shop"—I took them from him, and took him back, and met my father.
walking backwarrds and forwards—he then came in, and inquired for Smith, a carpenter—I said I did not know him—he took up these two fenders and went out—I ran, and my son had got him.
GUILTY. Aged 32.—Recommended to mercy.— Confined Three Months.
OLD COURT.—Friday, August 21st, 1835.
Third Jury, before Mr. Sergeant Arabin.
1828. THOMAS SMITH alias Chambers was indicted for feloniously having in his possession, 5 counterfeit shillings; he having been before convicted of a like offence—he was also indicted for a misdemeanour; to both of which he pleaded
GUILTY . Aged 27.— Transported for Seven Years.
1829. GEORGE WILSON was indicted for stealing, on the 11th of August, at St. Pancras, 1 wine-strainer, value 1l.; 3 soup-ladles value 2l.; and 20 spoons, value 6l.; the goods of Burton Brown, in his dwelling house. MARY RELET . I am cook to Mr. Burton Brown, of Brunswick-square, St. Pancras. On the 11th of August, about half-past one o'clock in the day, I was in the kitchen, and heared a noise—I went into the passage, and saw the prisoner in the pantry—his back was towards me—I called the man-servant, who came to me, and in a moment the priosner ran out of the pantry into the area, and shut me in the passage—I opened the door, and he had fallen down the area steps—he got up, and ran into the square—I called, "Stop thief," and he was brougth back—I am quite certain he is the person—six spoons were found in his hand.
WILLIAM QUICK . I live with my father in the Strand. I was passing the prosecutor's house and heard a cry of "Stop thief"—I saw the prisoner come into the area, with spoons in his hand—he fell down on the area steps—I tried to shuit the gate against him, but he got out, and I caught him in the street.
CHRISTOPHER LAWSON . I am clerk to Messrs. Taylor and Co. I was in Brunswick-square, and observed the prisoner running towards me—I stopped him, and took six silver spoons out of his hand—I took him back, and he gave up to me these eighteen pieces of plate.
(Property produced and sworn to.)
(James Shaw, blind-maker, of Fetter-lane; and----Field, painter, Charlotte-street, Blackfriars-road; gave the prisoner a good character.)
GUILTY . Aged 20.— Transported for Life.
Beofore Mr. Justice Bosanquel and a Jury composed of half Foreigners.
1830. JOSEPH SAN MARTIN was indicted for stealing, on the 2nd of June, at St. Martin-in-the-fields, 9 promissory notes, for the payment and value of 5l. each, the property of William Vince, in the dwelling-house of William Hinks.
WILLIAM VINCE . I live within two miles of Southampton. I came in town on Monday, the 1st of June, and brought thirteen £5 notes with me, which I obtained at the Southampton Bank—I placed them in my portmanteau—I came to the New Slaughter's Hotel, St. Martin's-lane, kept by Hinks—I slept there that night, and left the room about nine o'clock on Tuesday moning—I took out of my portmanteau four £5 notes before I left my room—I then went down-stairs—I went up-stairs again, after breakfast, into my room, and did not take any notice of my portmanteau—it stood on a chair in the centre of the room—I left the room again almost immediately, and left the house—I returned at about half-past eleven o'clock, and went into my room again—I went to my portmanteau to take out some more money, and found that the lock had been picked, and nine notes, which I had left, taken away—it was shut down, but not locked—the notes were part of those I had brought from Southampton—I had received them about the 18th of May—I am certain they are part of what I received on that occasion.
Prisoner. Q. Do you know the number of the notes? A. Yes.
JANE COLLIS . I am chambermaid to William Hinks, of the Slaughter Coffee-house. He occupies the whole house—it is in the parish of St. Martin-in-the-fields—I remember the prisoner coming ther on Monday—he slept in the room No. 10—Mr. Vince slept in No. 8—the prisoner's room is a floor higher than Mr. Vince—by looking over the bannisters, the door of one room can be seen from the other—on the Tuesday morning I saw the prisoner about nine o'clock—I took his breakfast to him, and I saw him again about twenty minutes afterwards, at the bottom of the stairs—he spoke to me—he rang his bell at about ten o'clock—I answered it, and saw him in his room—he desired me to send up the porter—his things were all packed up then, which I was surprised to see—I sent the porter to him—he gave me 1s.—he went down-stairs, and paid his bill at the bar—he had not desired any bill; he only asked what he had to pay—it came to 5s.—he paid it with half-a-sovereign, and received the change—he was in great haste—he left the house in a cab, and took his things with him—he had a hat-box, a cloak, a carpet-bag, and a cane—I did not see him again till he was in custody.
Prisoner. Q. Was there not a Frenchaman in the house? A. No—the prisoner had a friend come to see him, a foreigner—I do not know what he was.
COURT. Q. At what time of day did the gentleman come to see him? A. He came on Sunday afternoon, the first time, and he took him into his bed-room—they rang the bell for a light to smoke a cigar; and on Tuesday morning the friend came again, a short time before the prisoner left the house—he went away before the prisoner.
THOMAS GIBBS . I am porter at the coffee-house. I went to the prisoner on Tuesday morning, about nine o'clock, with his boots—I went again about half-past nine o'clock, in consequence of being called to take his luggage down, and I found his things ready packed up—he seemed rather confused—he told me to take his luggage down-stairs, and call a cab, which I did—he came down, and paid his bill—I put his things into the cab, and he drove away—in consequence of information, I went to look for him at the Piazza, Covent-garden, on the 29th of June, and found him in a bed-room, at the Piazza Coffee-house—I took a constable with me, and apprehended him.
June, about one o'clock, the prisoner came to my shop, and-asked for a pair of razors, and pair of nail-scissors—he selected some which came to 25s., which he paid for by a £5 Southampton note—I gave him change for it—I did not mark it at the time—I had no other Southampton note in my possession—I sent my shopman, Joseph Schofield, the same day to Hoare and Barnett, bankers, in Lombard-street, with it—the note was payable at Hoare's—I have seen the scissors which I sold to the prisoner at Bow-street.
WILLIAM HENRY MEAGLE . I am shopman to Mr. Masters, a pawnbroker, in Jermyn-street. On the afternoon of the 29th of June, the prisoner came to the shop—I think it was him, but I am not certain—he brought two handkerchiefs, a pair of scissors, and a pen-knife, and pawned them—I gave him a duplicate, which I have since seen at Bow-street.
RICHARD HEARTWELL . I am a hosier, and live at No. 283, Holborn. On the 2nd of June, about three o'clock, the prisoner came to my shop, and pointed to some silk neck-handkerchiefs in the window, which he wished to see—I showed them to him—he selected three—they came to a guinea—he did not speak to me at all—he could not understand me when I asked him any questions—he paid me a £5 Southampton note—I asked him his address and name, to put on it, but he could not understand me—I gave him change, and he left the shop—I wrote my own initials in one corner of the note—I afterwards paid it away to Ellaby, of Gutter-lane.
THOMAS POCOCK . I am a policeman. I apprehended the prisoner at the Piazza Coffee-house—I found a carpet-bag, a hat-box, umbrella, cane, and cloak in his room—he made signs for me to take them, when I was taking him away—I searched him, and found three skeleton keys, and two duplicates in his left-hand breast pocket—I found 1s. 1 1/4d. in his pocket—two duplicates in his waistcoat pocket—I searched the bag, but found nothing in it connected with this business—I found one silk handkerchief in it—I afterwards went back to the room, and saw eleven keys, found on the top of his bedstead, by Mr. Cutriss, the coffee-house keeper—I then went to Houghton's coffee-house, and the girl showed me a portmanteau—I tried one of the three keys, and it opened it.
Prisoner. Q. I have got a portmanteau in pawn; have you ever tried the key to that? A. No.
GEORGE THOMPSON . I am clerk to Messrs. Mathison and Co., bankers, Southampton. On the 18th of May, I paid Mr. Vince 100l., in fourteen £5 Southampton notes—Nos. A. 367, and A. 371, both dated the 18th of May, 1835, were among them—I have those notes here—I received them both from Barnett and Hoare's—all our notes are payable there.
MARK MILNER re-examined. This note, A. 371, has my handwriting on the back of it, which I put on it the day I received it, but not at the time I received it from him—when I sent my shopman with it, the payment was stopped, and he brought it back—I took it next morning to the bankers, and they paid me the money, on my writing my name and address on it—the scissors produced by the pawnbroker are what I sold the prisoner.
(The prisoner, being a foreigner, had the evidence communicated to him by an interpreter; through whom he stated that he had arrived from Spain on the 11th of May, and met a Frenchman, whom he had known a year before—that he (the prisoner) was in great distress, and on informing his friend of it, he advised him to go to the respectable hotels, and that the gentlemen who came theree would relieve him—the Frenchman occasionally visited him at these hotels, and on one occasion, when he called, he asked him to direct him to the water-closet—upon his return he stated he had received 30l. from Liverpool, and the prisoner begged him to lend him 3l., which he promised to do, and gave him the two 5l. notes to get changed—that he changed them at the shops in question, and gave the Franchman 7l. as the change.)
Three witnesses gave the prisoner a good character.
GUILTY . Aged 30.— Transported for Life.
NEW COURT.—Friday, August 21, 1835.
Sixth Jury, before Mr. Common Sergeant.
GUILTY .— Transported for Seven Years.
GUILTY .— Confined One Year.
GUILTY .— Confined One Month and Whipped.
GUILTY .— Confined Three Months.
1835. ROBERT GOLDSMITH was indicted for stealing, on the 22nd of June, 2 spoons, value 5s., the goods of Ann Carden; and for stealing, on the 29th of June, 1 spoon, value 12s., the goods of the Right Honourable Edward Ellice; to which he pleaded
GUILTY .— Confined One Year.
GUILTY .— Confined Three Months and Twice Whipped.
The HON. MR. SCARLERTT conducted the Prosecution.
of gin—he gave me a shilling, which I discovered to be base—I charged him with it—he wanted to pay me with something else, but I delivered it to Watson, the constable, after I had marked it.
Cross-examined by MR. CLARKSON. Q. How many customers had you there? A. I think three or four—they were being served, and money being taken from them—I served the prisoner myself—I saw immediately that the shilling was bad—I did not lose sight of it.
WILLIAM WATSON (police-constable H 86.) I took the prisoner, and searched him, and found on him three sixpences and threepence-halfpenny—I received this counterfeit shilling from Mr. Mair—the prisoner was examined next day and discharged.
ELIZA BERRY . I am wife to Mr. Berry, of Great Cambridge-street, Hackney-road. On the 10th of July the prisoner came there for a quarter of an ounce of tobacco—he then asked for a rasher of bacon—they came to two-pence together—he gave me a shilling, which I thought was bad, and sent it to the workshop to my husband, by Elizabeth Arle.
JOHN FOWLER BERRY . I received this shilling. I took it into the shop, and saw the prisoner—I charged him with uttering a counterfeit shilling—he said he would give me another—I said, "No, I won't have that"—he ran out—I pursued him nearly half a mile—he was stoppped, and I came up—I gave the shilling to Mames King, after I had marked it—the prisoner had run out of my sight, but I am sure he is the man.
GUILTY . Aged 23.— Confined One Year.
JOHN CLARAGE (police-segeant B 19.) On the 8th of August I saw the prisoner in Palace-street, about twelve o'clock. I stopped him, and took him by the neckcloth and the hand—he threw these six sixpences from his mouth—he was smoking a pipe at the time.
WILLIAM CLIFTON (police-constable B 50.) I was with Clarage. I took hold of the prisoner's neck, and saw him throw the six sixpence from his mouth—he said, "I suppose, Clifton, itis all up with me this time."
GUILTY .— Confined Two Years.
HENRY LEE (police-constable T 72.) I saw the prisoner on the 5th of August with two persons, whom I did not know, in the Broadway, Hammersmith. I saw the prisoner give something into another man's hand, and he went into a baker's shop—my brother officer, Moore, came up, and we secured the prisoner and another, who was discharged—the third man escaped—we were taking them to the station, and as we were going along the prisoner put his hand into his right-hand pocket, took something out in a paper, and threw it over a house, in Brook-green-lane—I went back to the house to make inquiries, and on the flower-bed I found two bad
shillings—that was a situation to which he might have thrown them from where he was—I found on him a sixpence, and fivepence in copper.
Prisoner. I never threw any thing away at all, nor had them in my possesion. Witness. Yes, he did; and he must have thrown near the spot where they were found—they were not in paper.
HENRY MOORE (police-constable T 146.) I assisted to apprehend the prisoner—I saw him put his hand into his pocket, take out something in paper, and throw it over the house; and one, which seemed to be a shilling, escaped from the paper, as it was going over the house—I afterwards went to that house, and saw Mrs. Willis, and received from her two bad shillings—I found this bit of paper just where my brother officer found the money.
CHARLOTTE SPENCER . I am servant to Mrs. Willis. About five o'clock on that day, I was in the garden, and something came on my head, which I found to be two shillings—I gave them to my mistress—I went to the garden with the officer—I saw Lee find two shillings on the flower-bed.
Prisoner. Q. Did not you say you took the two shillings to your mistress, and she supposed they fell from your master's coat, which she was brushing out of window? A. No.
ELIZABETH WILLIS . On the 5th of August, Spencer brought me two shillings—I could not account for them—I held them in my hand some time, and then put them into my pocket—I had one shilling and one halfpenny in that pocket—the policeman came in a few minutes, and I gave the two bad shillings to the officer—I afterwards gave the shilling and the halfpenny to Mr. Powell. ****
COURT. Q. Do you know whether your husband had any silver in his coat? A. No: it was an old coat.
Prisoner's Defence. One of the persons who was with me was a stranger; he was asking his way to the suspension-bridge, and I tld him; I never threw any thing over the house; they were more likely to come from the coat pocket.
GUILTY . Aged 21.— Confined One Year.
ELIZABETH HAINES . I am a widow. I keep a corn-chandler's shop in Clifton-street—I have known the prisoner some time—on the 14th of August, he came about eight o'clock at night, and asked for some hay—he walked across the shop, went to the parlour, took the watch out of the stand, and ran away—I stood at the door, and called, "Stop thief."
Cross-examined by MR. PHILIPS. Q. Had you known him long? A. Yes: I am sure he is the person.
(Property produced and sworn to.)
Prisoner's Defence. I was coming across the new market, and heard a cry of "stop thief"—I ran the same as the rest, and the officer stopped me—I was not in her house that night, but I have been there for hours together.
GUILTY . Aged 29— confined One Year
MARY COOK . I am the wife of James Cook—my father-in-law is William Cook—his wife is a laundress. I put some towels out to dry on the 12th of August—I saw the prisoner among the linen, as I went to take them in—she took these towels—I followed her, and told her to give them to me—she threw them at me, but said nothing—she was going away with them—they were out on the bushes at Hampstead.
Prisoner's Defence. I took them up from the ground—I did not intend to keep them—I gave them to her when she asked me.
GUILTY — Confined One Month.
The prosecutor did not appear
1843. ANN TRUSS was indicted for stealing, on the 27th of July, 6 sheets, value 14s.; 1 spoon, value 2s.; 2 table-covers, value 5s.; 4 table-cloths, value 7s.; 2 decanters, value 7s.; 1 pillow-case, value 1s.; 2 pairs of candlesticks, value 6s.; 1 pillow, value 2s.; 1 quilt, value 3s.; and 3 blankets, value 12s.; the goods of Edward Mayes, her master.
MR. JONES conducted the Prosecution.
ELIZABETH MAYES I am wife to Edward Mayes, and live in Hadlow-street. We rent No. 9—the prisoner had the care of that house—I left in that house one spoon, five sheets, and various other articles—I missed articles for some time—I missed these on the 27th of July—the prisoner made some excuse about them—these are them—they are marked with our name in full length.
Cross-examined by MR. PERRY. Q. You occupy two houses? Yes.
I reside in No. 42—No. 9 was very badly conducted while the prisoner was there—they are termed common brothels—my husband lived at No. 9 previous to the prisoner—that house has been indicted—we were to allow the prisoner 1s. a week for her servitude, and she was to have all the profits of the house, amounting to 2l. a week—she paid nothing for the use of the house, and kept no rent-book.
Cross-examined. Q. Has the prisoner pawned anything before? A. Yes; and redeemed them.
Mr. Perry called
MR. MURRELL. My father is collector of the poor-rates. I know Mr. Mayes as collecting from him—the house No. 9 is rated in the name of Kezia Truss, and the prisoner has paid rates in her own name—I saw her pay it to my brother.
MR. JONES. Q. Do not you know she paid it as servent of Mrs. Mayes? A. No; in her own name.
MR. JONES. Q. How long ago was this? A. About a fortnight—I will not swear that I have not staid with Mrs. Truss all night—(looking at a paper) I have had a letter from her, but I cannot tell whether this "A. K. Truss," is her handwritting—it is different to what I have received—after
the prisoner was in custody, I went to Mr. Mayes, with another gentleman, but I did not offer to settle this for two weeks' wages—I was not authorized by the prisoner to say any thing—she only told me to ask for some things, to change herself.
HENRY NICHOLSON . I live at 33, Hadlow-street, and am a silversmith; I keep a lodging—house there. I know Mr. Mayes—he told me the houses Nos. 9 and 42, were indicted, but he had let No. 9 to Ann Truss, and the furiture would be paid for when she received her money, which would be in about eight months—that was on July 17th.
MR. JONES. Q. Have you ever been any thing else but a silversmith? A. No—I have gone by another name—I was never a patrol—I was once charged with stealing a pair of ear—rings—I was in custody from eleven o'clock at night till eight o'clock in the morning—I have never been engaged in laying an information under the Goldsmiths' Act—I never went to a police—officer to see if there was an information against me.
----NICHOLSON. I reside in Hadlow-street. I met Mrs. Mayce in Skinner-street—she said she had done with the indictment of No. 9, for she had let it to Mrs. Truss, who was coming to some money in three months, and then she was to pay her for the furniture—I do not know what time this was.
MR. JONES. Q. Then she said she was to pay out of the money she was to come to? A. Yes; not out of the produce of the house.
----STANNARD. I reside at Hadlow-street, my husband is a carpenter and sawyer. I know Mrs. Mayes—she said she had let the house to Mrs. Truss—she was landlady, and she paid the rates.
MR. JONES. Q. Have you had any quarrel with Mrs. Mayes? A. No; not with her, with another person; and Mrs. Mayes persuaded the woman to take her oath I struck her, but it was not attended to—I keep No. 8, which is a lodging—house.
MR. JONES to MRS. MAYES. Q. Has the prisoner paid you any rent on account of Mrs. White? A. Yes; this is the account of the lodgers, from Apil to the 9th of July, and this memorandum—book I saw the prisoner sign—I gave her a pen and ink.
Cross-examined. Q. Did you not make this representation, that the prisoner had taken the house? A. No; that was altogether false.
DAVID WILLIAMS (police-constable E 143.) I took the prisoner into custody—I asked her to give up what she had in her pocket—she gave me the duplicates; which enabled me to the pawnbroker's—I have thirty-five duplicates; ninteen belonging to this case—she said she sent the goods to be pawned—I do not recollect that she said any thing about redeeming them.
Prisoner's Defence. I considered the property was my own—I did not do it with any intention of stealing.
GUILTY . Confined for Three Months.
1844. HENRY NEALE was indicted for stealing, on the 8th of July, 12oz. of silk, value 25s., the goods of Henry Farbridge; and WILLIAM SMITH and ELIZA OATES , for feloniously receiving the same, well knowing them to have been stolen, against the Statute.—2nd COUNT, for receiving of a certain evil—disposed person.
MR. CLARKSON conducted the Prosecution.
ELIZA FARBRIDGE . I am daughter to Henry Farbridge, of Maper-street, Bethnal—green. He is a silk braid manufacturer—Neale was in his employ sixteen months, to tag laces—John Butcher had beeen in his employ
about ten months—we missed silk on the 8th of July—we had been winding some about twelve o'clock on that day—I took 41bs. up to the top of the house to wind—no one was there then—I went to dinner just after—I returned just before two o'clock, and found the silk in a different state to what I left it—I took it down and weighed it; was twelve ounces short—there were five bundles—I had counted three that contained six knots each; on my return I found only five—the value was about 25s.—there was gold—colour, maize, and lavender, and two others which I cannot recollect.
JOHN BUTCHER . I am nephew of Henry Hoare, of Deal-street, Pelham-street, Mile End New Town, he is a sugar—baker—I have been three times in the service of Mr. Farbridge; about twelve months in all—I know Neale, and remember the morning when some silk was missing—I saw Neale at half—past twelve o'clock—I went home to dinner; Neale did not go with me—I met him on my return, in Church-street, Bethnal-green, about half—past one o'clock—Neale said before we parted to go to dinner, "Is there any silk going up?"—I said, "Yes;" I had seen Miss Farbridge come down with an empty basket—when I got back, we both went up atairs to the top shop—I took three knots, and he took two knots off the bundles—we put them into our pockets—I did not say any thing—he knew where I was going—we went to Smith's house—I do not know the name of the place; it was down one of the turnings in Rosemary-lane—up a street, and then down an archway—I left him outside—he gave his two knots of silk to me—I took them up to Smith, in the front room, first floor—I saw Oates there—I gave the silk to her and asked her if Bill was at home—she chucked it on the bed, and called, "Bill" out of the back window—Bill was the prisoner Smith—he came up, took the silk off the bed, and asked me how much I wanted—I said, "I cannot tell"—he said, "I cannot be buyer and seller too"—he said, "I will give you 2s—I said, "If that is all the silk was worth, give it me"—he said, "Keep your own counsel"—as I went down stairs he gave me 2s—he said no more—I went down stairs and saw Neale; I gave him 6d—I told him that Smith had given me 1s. for it—I returned at a quarter past two—my master afterwards come up stairs, and searched our jackets, and said he did not think we were such rogues—I said, "No, Sir"—there was another young man, (Charles Mitchell)—I saw coat taken out—the following day my master called me and Neale down, and asked if we had any thing to do with it—we told him no; and Neale said he took me up stairs to see Greenwich—hill—he believed it was us as much as he did Mitchell—we had agreed to say so—I went to work next morning—Neale was called down, and then I was called; and told my master—my master said he would give a guinea to any one who would tell him, and let him go—he sent for a policeman—I went and showed where Smith lived—I went up first, but the policemen missed the door—I went and stood between Smith and Eliza Oates; they said, "Have you left your place?"—I said, "Yes"—they said, "You fool, what made you leave your place? they could not prove any thing against you"—a man then came runing up stairs, and said to Smith, "Here are two crushers"—Smith then put me into a room above—I looked out of the window, and saw both the policemen below—Smith opened the door, and said, "Have you come it?" I said, "Come what?"—he said, "Have you told? Sweat you have not"—I said, "Let me go by"—I went down and got away through a coal—shed; a woman let me go by—I went to Red Lion-street, and then
to my master's—I was then taken in custody to the office—the prisoners were brought in, and smith said to me in the passage, "You say you cannot swear to me, and we shall ali get off"—I said, "I do not know"—he said, "Be sure"—he said he would give me two half-sovereigns if I would say I could not swear to him; and he would give me a suit of clothes, and keep me like a gentleman, and get me a counsellor, if I was taken—he patted me on the cheek—he said he had said it would be the best way for me to say I could not swear to him—I saw him speak to a policeman.
Cross-examined by MR. PHILLIPS. Q. Are you not here entirely against your will? A. Yes; I quite forget whether I told the Magistrate that I saw Miss Farbridge take upsome bilk—I did not say, "We will go to Smith's"—I intended to give the other boy 6d.—I do not know whether that was the reason I said I had got 1s.—when Charles Mitchell was in custody, that was more the reason that I told than anything else, to save the young man's character; besides my master had used me well, and had taken me in when I was in distress—I told my master, because I was sorry I had robbed him—I do not remember whether I told the Magistrate. I said went up to see Greenwich-hill—it was not for the sake of the sovereign that I told my master—I do not want it—I would have it if it was offered me—I never did anything wrong when I first went into master's employment; before that a boy took a hat gave it to me, and I was caught and fully committed at Hick's Hall.—I was put into the House of correction a day and a half, after I came out of Hick's Hall—I stayed there three months—I had slept out all night in Bishop Bonner's-fields—that was before I went to the house of correction at all—I know I stole four odd pattens—I have been in a pawnbroker's shop with my mother's things, but not without her knowledge; I did not remember that I have—a boy stole the pattens in Charles-street, Bethnal-green, and gave them to me to take to Brick-lane, and they caught me—I cannot recollect how much I was get—I believe I was promised something.
CHARLES MITCHELL . I was in the service of Mr. Farbridge, On the 8th of July, I saw the prisoner Neale and the last witness; they came up at half-past one o'clock—I heard them go down five minutes afterwards—I did not see them go out; I was taken into custody on suspection.
WILLIAM WHITE . I lived in Mapes-street, Bethnal-green. On Saturday, the 11th of July, I came to the office in Worship-street—I was in the passage, I saw smith and Oates, and the two boys there.—I asked smith if he could tell me what was the matter—he said, the little b----rs had robbed their master of silk, about three-quarters of a pound—I asked if he had it—he said "No, I took care of that, and now I want the little b----rs to swear I am not the person"—I saw the Policeman Cordell the next morning, I told him what I have stated now.
Cross-examined. Q. Did you never say that he said he would give them any thing? Yes, he did; if they would swear he was not the person—nobody was present.
BENJAMIN CORDELL (police-constable R 78.) On Saturday, the 11th of July, I went with my brother offider to a court in Rosemary-lane—Butcher went up a passage, but I did not see the door he went in—after sometime, I went up; I saw the female prisoner Oates in the passage—I took her into custody—afterwards I saw Smith in pigeon-trap—I had Oates, and my partner had Smith—they asked what we took them for; I told them; they made no answer—the next morning I saw Mr. White—I met
him in Mapes-street, and he told me what he has said here—I know Mr. Broughton's handwriting, this is his writing to this desposition—he signed it in my presence—Neale was asked if he had anything to say—nothing was signed before it was read over to all parties.
Cross-examined. Q. Was it all read over; the whole thing together? A. No; seperately, one at a time, to the witnesses—we all went up one at a time.
Neal's Defence. What Butcher has stated is false.
(Thomas Gower, Druggist, Cornelius Miller Hawke, and George Mears, gave smith a good character.)
SMITH— GUILTY . Aged 23.— Transported for Fourteen Years.
NEALE— NOT GUILTY .
OATES— NOT GUILTY .
1845. WILLIAM BIGGS was indicted for stealing, on the 25th of July, 2 tablets, value 7s. 64 pocket-books, value 11l.; 8 card-cases, value 24s.; and 4 skins of morocco, value 26s.; the goods of Thomas De la Rue, and others, his masters.
THOMAS DE LA RUE . I have other partners—we live in Bunhill-row, and are stationers; we missed property, I sent for sergeant Brown, and charged the prisoner with stealing 12 pocket-books, and other things—he did not say anything about them to me—these are the pocket-books, they are ours—I cannot swear they have not been sold.
FRANCIS BROWN (Police-sergeant G 10.) I was sent for on the 10th, and took the prisoner; he said he knew nothing of it—he afterwards told me he had pawned some at Mr. Reeves', in Redcross-street, and sold sixteen to Mr. Mead, in Aldgate; but previous to that I had traced some property at Mr. Boyce's, the pawnbroker; he afterwards said that if it would do any good to Mr. De la Rue, he would tell him whrer the property was, and said he had pawned thirty-one books at Mr. Reeves'.
Cross-examined by MR. CLARKSON. Q. Are you sure he is the same person? A. I am not positive, but to the best or my knowledge he is.
(John George, of Skinner-street, leather-dresser, gave the prisoner a good character.)
GUILTY . Aged 19.— Confined for One Year.
RICHARD LAMB . I lived at No. 9, Prince's-street, Turk-street, Bethnal-green, and am a shoemaker—the prisoner was in my service Five or Six weeks—he left me on the 25th of July; about six o'clock that day I missed the shoes and handkerchief, I went and took him into custody—the shoes have not been found—this handkerchief is mine.
Prisoner. The persons where lodge urged me to do it—they live in Hackney-road—their name is Macklin.
GUILTY . Aged 17.— Transported for Seven Years.
1847. ANN BENSON was indicted for stealing, on the 24th of July, 1 watch, value 6l.; 2 seals, value 2s.; 1 watch-ribbon, value 1d.; one handkerchief, value 2s.; and 12 shillings; the goods and monies of John Whenman.
JOHN WHENMAN . I live at Bedford-street, Long-acre, and am a cab-driver—on the 24th of July I picked up some woman, went home with her and stopped with her, and next morning she and my watch were gone—I cannot swear to the woman.
NOT GUILTY .
JAMES COOMBS . I live in Alfred-place, Bedford-square. On the 29th of July, at six o'clock in the morning, I saw the prisoner getting over the rails of the prosecutors's, area, with something in his apron—I went and collared him I—charged him with being a thief—he had these two pair of boots in his apron—he threw them into the area.
HENRY LAUMANN . I was disturbed that morning by Coombs—my servant brought these boots up to me—they had been left in the area the night before, and the gate was locked—the prisoner begged my pardon—this pair is mine; these others are Mr. Richard Trevor Roper's.
GUILTY .* Aged 25.— Transported for Seven Years.
1849. ROSE HUGHES was indicted for stealing on the 8th of August, 1 gown, value 5s., 1 shift, value 6d., 1 shawl, value 10s.; 1 cape, value 1s.; 2 handkerchiefs, value 1s. 6d.; 2 aprons, value 1s.; 1 pair of stockings, value 3d.; and 1 petticoat, value 1s.; the goods of Michael Kelly, her master.
MARY ANN KELLY . I am the wife of Michael Kelly. I went to market on the 8th of August, and left the prisoner in my house, with my sister-in-law and a young man—when I returned the prisoner was gone, and I missed these articles.
EDWIN BELL (police-constable H 184.) I received information, and found the prisoner at the Cock and Lion-stairs, Wapping—I found a trunk, which she stated was her's; and in it I found this property—she was going off by the steam-packet.
GUILTY. Aged 15.—Recommended to mercy .— Confined One Month.
freely with the prisoner, and I lent him my watch to take care of—he went with me to several public-houses after that, and then he wanted 5s. of me to return my watch—I would not give it him, and he went away with it—the officer and I found the duplicate of it in his lodging—this is it.
Prisoner. I called in at the Cat public-house; the prosecutor was there, and he would force his discourse upon me; he then went to the Golden Boot, in Milton-street, where he took out his watch, and was going to dash it down; I stopped it, and kept it some time; I then offered it to him, and he told me to keep it for a month; I went home with it, but I had written him two directions where I lived.
NOT GUILTY .
THOMAS QUIGLEY . I am a clerk in a counting-house, and live in Bridgewater-gardens. On the 16th of August, at half-past four o'clock in the morning, I met Smith in St. Giles's—I went with her to a house and went to bed with her, leaving my clothes on a chair—when I awoke, I missed this money from my pockets—there had been another young girl in bed in the room, (who was not Lennard,) and she went away—in about half an hour, while I was arguing with Smith, Lennard came into the room, and said Smith was not the person at all—I went out, got an officer, and we found the money on Lennard—Smith had got up before I did.
JOHN PIPER (police-sergeant E 14.) The prisoners were placed in my custody—while Lennard was standing by my side, she took something from her stocking, and tried to pass it to another woman—I took her hand, and found in it this money, 14s. 6 1/2d., in all.
Lennard. He gave me this money, which he said was all he had; he went with me, not with Smith.
THOMAS QUIGLEY . I did not see Lennard till the next morning, after I had been contending with Smith—it was Smith I was with—I had been locked out of my lodging—I got drunk, and did not know what I was doing.
Smith's Defence. I went to the room at five o'clock that morning, to call this other young woman, who was then asleep—the prosecutor then got up, and said I had robbed him.
NOT GUILTY .
SAMUEL POWELL BEETON . I keep the Dolphin, in Milk-street. The prisoner was my pot-boy—I missed a quantity of jewellery—I had him searched, and found on him this mourning ring and pen-knife, which are my property—they had been missing some time—I lost property to the amount of 40l.
Prisoner's Defence. I found them in the passage—I saw no name on them, or I should have delivered them up.
GUILTY . Aged 18.— Transported for Seven Years.
The prosecutor did not appear.
NOT GUILTY .
1854. REBECCA HALL was indicted for stealing, on the 30th of July, 3 sheets, value 5s.; 3 falt-irons, value 6d.; 1 quilt, value 1s.; 7 caps, value 5s.; 1 frock, value 2s. 6d.; and 1 blanket, value 2s.; the goods of John Wallace; and that she had been before convicted of felony.
(Property produced and sworn to.)
GUILTY . Aged 45.— Transported for Seven Years.
GEORGE DREW . The prisoner was my shopman. On the evening of the 18th of August, I marked four shillings and two sixpences, and out them into my till—I went to Crown-street, and, on my return, I found an increase of four shillings in my till, but one of the marked shillings, and one of the marked sixpences was gone, and there was no larger piece of money in the till, for which he could have given change—I sent Miss Brown down that evening for change, and the prisonerr gave her the marked shilling, which I missed from the till.
Cross-examined by MR. DOANE. Q. Had you made an arrangement with Miss Brown before this? A. Yes; I have detected no fewer than fourteen shopmen, who have robbed me in business—I have not prosecuted any of them—I was unfortunate in business about seven years ago—I did not tell the prisoner's mother that if she had been present at the office the matter might have been dropped—I told her I was bound over to attend—I told her a young man once took 40l., which was returned to me, and I did not prosecute him.
MARTHA BROWN . On the 18th of August I went down to get change. Mr. Drew's daughter looked into the till, to see if there was change, and there was not—I then said to the prisoner, who was in the shop, "You must be my banker till the morning, and then I will return it"—he gave me this shilling, which I gave to the officer.
Cross-examined. Q. Was this part of a scheme arranged before? A. It was—this shilling is marked under the neck of the head—I had seen the money marked by Mr. Drew, and this one corresponds with the other—it is a scratch.
Prisoner's Defence. I had one shilling in my pocket—some customers came in, and one wanted a shilling for a sixpence and some coppers—I took that shilling out of the till—the shilling I had in my pocket was my own, which I had taken in change of a sovereign.
NOT GUILTY .
LAURENTIA DIZI . I am a teacher of French. The prisoner came to my house on the 6th of June—he said he came to have his little girl taught French—when he was gone I missed a shawl, which had been on a sofa in the room—no one else had been there but Jane Vignette.
JANE VIONETTE . I live with the prosecutrix. When the prisoner came there was a shawl in the room, on the end of the sofa—it was missed directly he was gone—it must have been taken by him—I met him last Thursday night, at half-past eigth o'clock—he saw me, and ran away—I pursued him, and gave him into custody.
Prisoner. I never saw the shawl—I took my daughter there to be finished in French.
GUILTY . Aged 36.— Confined Six Months.
WILLIAM HOLLAND (police-constable N 126.) I met the prisoner on the 14th of August, opposite a pawnbroker's shop. I stopped him, and found these two pair of shoes on him—he said he bought them in Petticoat-lane.
Cross-examined by MR. PHILIPS. Q. Do you know them to be yours? A. Yes; I have a mark on them—I have made inquiries about the prisoner—he has respectable friends, and was destitute.
GUILTY. Aged 21.—Recommended to mercy. — Confined One Month.
Fifth Jury, before Mr. Sergeant Arabin.
JEFFERY JOHN EDWADS . I am an attorney, and live in Lincoln's-inn Fields—I have one partner—the prisoner was our clerk—it was his duty to receive money on our account—I had occasion to write to Mr. Hemming for the sum of 68l. 15s. 6d.—it being inconvenient for him to pay, he gave a warrant of attorney; the costs came to 6l.; I desired the prisoner to get it executed, and receive the costs—he never accounted to me for that 6l.—I spoke to him about it, and he made some excuses about it.
Cross-examined by Mr. DUNBAR. Q. Was there any one who had the office of cashier, or the handling of money in your office more than another? A. No one, except Mr. Wright—the prisoner might have accounted to Mr. Wright for this, but it was not his duty to do it—if I had been out of town, my partner should have received it.
GEORGE FRY . I am an attorney; Mr. Edwards applied to Mr. Hemming, my client, for the payment of a sum of money—the prisoner brought me a warrant of attorney—I paid him 6l. by a cheque, on the 16th of April—this is the receipt he gave me for it.
Cross-examined. Q. Is it on a stamp? A. No; I gave the prisoner the cheque, which I had received from Mr. Hemming, on the Bank of England.
Cross-examined. Q. If the prisoner had lost it, having put his name on it, or if another person had found it and feigned his name, might they not have procured the cash for it? A. Yes; I believe they might.
Prisoner. I am innocent.
GUILTY . Aged 21.
JEFFFERY JOHN EDWARDS . On the 3d of July, Mr. Hemming's clerk called to pay 10l. on the warrant of attorney; he asked me for a receipt, which I said I would not give, but I would acknowledge it by letter; and I told him to tell Mr. Hemming to come and settle the accounts on the warrant of attorney; he said he had paid some—I said "No; "I looked at the prisoner and said, "Has he?" the prisoner said "No, Sir," I then went into my room, and heard no more conversation—on the 11th of August I saw Mr. Fry and Mr. Hemming—I asked why he had not paid the warrant of attorney—he said he had paid three payments—the prisoner then admitted that he had received the last 10l. and spent it.
Cross-examined by MR. DUNBAR. Q. What salary did you give the prisoner? A. 12s. 6d. a week—it was formerly 10s.—he had authority to get the warrant of attorney executed, but not to receive this money—he had a general authoriity to receive money—I did not know that this warrant was executed—he came to me in 1833—I joined partnership with Mr. Froude in November last, but the prisoner had a general authority to receive money—Mr. Wright was not the only person entrusted to receive money—he is not here.
AUGUSTUS FREDERICK HEMMING . I paid the prisoner, on the 30th of April, 10l., and on the 30th of May, 10l—the first was a Somersetshire-note, and the second a Bank of England-note—these are the receipts the prisoner gave me.
(Mr. Frazer, a barrister; Mr. Spring, of Great Portland-street; and Robert Jackman, gave the prisoner a good character.)
GUILTY. Aged 21.—Recommended to mercy by the Jury. — Transported for Seven Years.
and he would settle it afterwards—he did not pay me the other sum.
(The prisoner received a good character.)
GUILTY . Aged 25.— Confined Nine Months.
JAMES WELLINGS . I am a carpenter, and live in Brewer-street I lost two saws, on the 1st of August, from an empty house, No. 17, Brewer-street, where my bench and tools were—I received information, and went after the prisoner—I found him in Spencer-street, with the saws under his coat—these are mine.
GUILTY . Aged 30.— Confined Three Months.
1862. MARY SULLIVAN was indicted for stealing, on the 13th of August, 2 handkerchiefs, value 4s.; 1 shawl, value 5s.; the goods of Thomas Nicholls; and MICHAEL HAYS was indicted for feloniously receiving the same, well-knowing them to have been stolen, against the Statute.
HENRY LONG . I am in the service of Mr. Thomas Nicholls, a pawnbroker, of Gray's-inn-lane. On the 13th of August, these handkerchiefs and shawl were taken from our counter—I received information, and followed Sullivan, and took the handkerchiefs from her—she turned into Baldwin's gardens—I followed her—I then saw Hays, and he followed us—we went on, and when we got to Holborn, I heard some person call out, "He has got it; he has got ir"—I then saw part of this shawl under Hays's arm.
Sullivan. Q. Did you see me in the shop? A. Yes.
THOMAS MASON . I am a police-constable. I was on duty, and heard that the prosecutor had lost some shawls—I went to Holborn, and saw Hays run from a crowd—I followed him two hundred yards, and took him with this shawl buttoned under his coat.
Hays. Q. Did I not stop the instant you called me? A. No; you ran two hundred yards.
Sullivan's Defence. I was very bad, and I had not been out for a fortnight—I went out that day, at eleven o'clock, to go to the doctor; a woman came up to me, and put these things into my hand, and told me to hold them—she said her husnand was running after her, and she was going to pawn them—I saw the ticket on them, but did not know they were stolen.
Hays's Defence. I picked the shawl up.
SULLIVAN— GUILTY . Aged 23.
HAYS— GUILTY . Aged 19.
Transported for Seven Years.
OLD COURT.—Saturday, August, 29th, 1835.
Second Jury, before Mr. Sergeant Arabin.
1863. MARTHA BISGROVE was indicted for stealing, on the 1st of August, at St. Paneras, 5 sovereigns, 1 half-sovereign, 2 half-crowns,21s. and 1 sixpence, the monies of Edward Wheatcroft, in the dwelling-house of Matthew Hamilton.
EDWARD WHEATCROFT . I am a marble-polisher, and lodge in the house of Matthew Hamilton, in Charlton-street, Somers-town. On the 1st of August, between ten and eleven o'clock at night, I went out to fetch something for supper—I was perfectly sobre—I had a glass or two, but had my senses about me—I met the prisoner with a woman—I did not know them before—we fell into conversation, and I asked them to have something to drink—the prisoner said they were hungry, and would be glad if I could give them something to eat—I took them into my room, which is the back parlour, and gave them some supper—while I was there a man and woman came in who owed me some money—the woman paid me a sovereign and 4s. 6d.; I had 21s. in my pocket before that; I put the money into my pocket; the woman who paid it to me said, "Mind you don't pay the sovereign away for silver"—I then put it into a looking-glass drawer, which I locked up, and put the key into the tea-caddy, close by; all this happened in the prisoner's presence—soon afterwards the man and woman went away—I fetched a drop of gin while they were all four there, and after I had put the money away—they were all there when I went out—I returned and found them all four there—the man and woman were strangers to the prisoner—the man worked for me—they went away—the prisoner and the other woman remained, and cat my supper—the other woman then went away, leaving the prisoner with me, and said she would come again—that was at near 11o'clock—I fell asleep shortly after, and awoke at a little after two o'clock in the morning—the prisoner was then gone—she had given me no notice of her going, and left the door ajar—I jumped up, and the key of the looking-glass-drawer was taken out, and laid on the table, and all the money gone—I went and gave information—the prisoner was taken on the Wednesday morning following—it happened on the Saturday night—I lost five sovereigns and a half, two half-crowns, and twenty-one shillings, and a sixpence.
Cross-examined by MR. PAYNE. Q. You had been drinking a glass or two? A. Yes; I had had two glasses of gin—that was all I had after twelve o'clock—I was at work until six o'clock at night—I had the gin about eight o'clock in the evening—I thought I could have eat at first, but there was not enough supper for us all—I had no appetite, and did not wish any—I did not sit many minutes after the other woman left, before I fell asleep—I drank half-a-glass of beer while they were there—it was not at my request that the prisoner remained with me—I fell asleep in my chair—I only know Hamilton's name, or the parish the house is in, by what he told me—I saw the money last when I put the sovereign into the drawer—I counted it at dinner-time—I was sobre, and knew what I was about.
CAROLINE BISGRONE . I am the wife of Charles Bisgrove, a shoemaker; he is brother to the prisoner's husband. On the Saturday night in question, the prisoner's husband had left her, and she came to my place to find him—I went out with her to meet my husband, and at the corner of Chapel-street the prosecutor came up—he seemed tipsy—he asked us to have something to drink—we refused at first, but went and had some gin at last—he asked her to go home to supper—she went home with him, and I stopped for a minute or two—I was then going towards home, and met them at the cook-shop door—then both of us went home him—somebody came and paid lim some money, as he has stated—I did not see where he put
the money—he was sitting near the drawer, and got up, but where he put it I do not know—the man and woman went away—I could not stop any longer—he asked her to stop—I said, "I must go, "and left the prisoner there—it was ten minutes after ten o'clock—when I got home, her husband was at my place, and I went back to tell her in about half an hour, it might be, after eleven o'clock—I could not get into the prosecutor's room—a boy opened the door, and told me to go into the room, but I found it was locked—I knocked at the door, and then the prosecutor answered, and said, "Halloo, we are in bed"—I went away—the prisoner came to me, about half an hour after that, and said, "He asked me to go to bed with him, and I have got some money—he said he would give me all he had got if I went to bed with him"—she said he had given it to her, and she got up, and then she took the money—when she knocked at my door, her husband went out, and said he would not see her—she came up stairs, pulled out the money, and said, "I have got some of the money, he said he would give me, all he had—I have left my cap there—he went to asleep directly—I took the money, and came away"—she told me not to say any thing to my husband, or he would tell her husband, and I should have a gown ont of the money she had better keep it—she had been away from her husband for a week—she counted the money, but I did not hear what she said, nor see what she had got—I think there were sovereigns and some silver—she did not tell me who took the money out of the drawer—I swear that—I told the magistrate she said she took the money—I did not say" Out of the drawer"—I did not kknow it was in a drawer (looking at her deposition)—this is my mark.
Q. Did you not state, "I then went home again, and soon after that the prisoner came, and said, I have taken some of his money out of his drawer; she pulled some money out of her pocket, and counted it?" A. Yes; I said she took some of his money—I do not recollect whether she said, "Out of the drawer, "or not—I was before the magistrate on Wedsuesday—I was fetched in a hurry, and was very much frightened—something was read to me, and I put my mark—I might have said about the drawer—I do not know that I did—I do not remember about the drawer—I told her, I did not know she was going to do that, or I would have gone away, and left her—I meant I did not know she was going to bed, nor yet going to take the money—she said I might have a gown out of it—I do not recollect telling the Magistrate, "She did not tell me that wheatcroft, the prosecutor, had given her the money; "but I will not swear it—I was so frightened when I put my mark to the deposition.
Q. Do you mean to swear she told you he had given her the money? A. I do not think I said that—she told me so when she first came in—I do not remember telling the Magistrate she did not tell me he had given her the money—I did not say it.
Cross-examined by MR. PAYNE. Q. who spoke first when you met the man in the street? A. Wheatcroft—he seemed to me as if he had been drinking—he pressed us several times to go and drink with him—we had a glass of gin a-piece at the corner of Chapel-street—the prisoner told me at first that he had said he would give her all he had if she would sleep with him, and after that 5 she said that she got up and took it, after he was asleep—she did not say why she left him, omly I wanted her, as her husband was at my house—I am quite sure that when I knocked he said he was in bed—it was a little after eleven o'clock, I think.
EDWARD CAGENEY . I am a policeman. On the 5th of August, I apprehended the prisoner—I asked if she knew the charge—sile "No"—I said it was for a robbery comitted on Saturday night, in Charlton-street—she said, "Oh dear me! there is another woman implicated in it as well as me."
Cross-examined. Q. Where was this? A. After I apperhended her, in a public-house.
Prisoner's Defence. I went to my sister's, to get something from my husband—I staid there till rather later than nine o'clock—we were at the corner of Chapel-street—the man came and asked us several times to have drink—we went, and he had a basin in his hand—he asked me to go home with him and sleep—I refused—he asked again, and I said I did not mind, if he let my sister-in-law with me—he went to the cook-shop, and got supper—my sister-in-law went out to see her husband—while we were sitting at supper a man and his wife came in with the money—he went out for half-a pint of gin—he took the sovereign out of his pocket, and put it into the drawer—the person there told him to put it in—he said, "Never mind, I have got plenty"—when the people left, my sister-in-law and me had supper—the man said he could not eat as he had been drinking all day—my sister-in-law left, and he asked me to stop all night—I said I could not, as I was a married woman—he said he would give me all he possessed if I would stop; and begin in distress, I consented—he gave me 6l. 10s., and some silver; but his conduct was so disgusting I was obliged to leave him.
GUILTY of stealing only. Aged 26.— Transported for Seven Years. (The witness, Caroline Bisgrove, was committed for prevarication.)
First Jury, before Mr. Sergeant Arabin.
1864. EDMOND KING was indicted for feloniously forgoing, on the 23rd of June, an order for the payment of 10l., with intent to defrand John Gilpin.—2nd COUNT; for uttering, disposing of, and putting off the same, well knowing it to be forged, with a like intent.—Two other Counts, stating his intent to be to defrand William Masterman and others.
JOHN GILPIN . I keep the the Mitre and Dove, in King-street, Westminster. I have known the prisoner some years as a customer coming to my house—I do not know what he is—he came to my house on the 13th of June, and asked me to accommodate him with a bed for a night or two—having seen him often before, I said I would—he stopped until the 23rd of June, and that morning he brought me a cheque on Masterman's for 10l.—he told me it was given to him by Mr. Smith, the night before, but it was too late to get it cashed—he said Smith lived at No.14, Lincoln's-inn-fields—he wished me to let him have a few pounds on the cheque, as he had to meet some friends at the Zoological Garends, and had not time to go to receive it, and I could keep the rest against his bill—he gave me the cheque—I let him have 5l. on it—he owed me 1l. 18s. 2d.—he went away, and a I saw nothing more of him till the last day of the month, when I took him into custody at Knightsbridge—I delivered the cheque to Hart, to get it cashed—he returned the same cheque to me—when I took the prisoner, I asked him how he could act so wrong as to give me the paper which was good for nothing—he said he would go with me to No.14, Lincoln's-inn-fields, and clear up his point at once—I went with him, and no
such person ever lived there—he was in custody—the officer was with us—this is cheque he gave me.
THOMAS BRAND . I am casiler to Masterman and Co. This cheque was presented about the 23rd or 24th of June—I returned it, writing on it "No account"—we have an account with Thomas Smith, of Bermondsey-grange—it is not his writing—I do not know the prisoner at all.
DANIEL DAWKINS . I am a policeconstable. I accompained Gilpin to the Guardsman public-house, and took the prisoner into custody—he said Mr. Smith, of No.14, Lincoln's-inn-fields, gave him the cheque—we went there, but could find no such person—he then said Smith gave it to him, near Temple-bar, as part of some money he had got on some estates of his; he being his attorney—I searched him at the station-house, and found on him part of a sheet of a paper corresponding with the paper the cheque was written on, in every particular—the water-mark agrees in the creases.
Prisoner. The prosecutor says I had 5l.; it was only 4l
J. GILPIN re-exmined. I had given him 1l. the Saturday before—I gave him 4l., and said, "This is 5l."
Prisoner's Defence. About the 28th of June, I went to the Innertemple, to see Mr. Hill, an attorney, and while inquiring for him, I saw a person named Smith, who said he had removed from there, and he did not know where—that he himself was an attorney, living at No.14, Lincoln's-inn-fields, and would be happy to do any thing for me—I agreed to meet him on the following Monday, when I met him at four o'clock in the afternoon—I told him I was entited to some money in the funds, belonging to my sister and me, and wished his advise as to selling the stock out—he said if it was in the funds it was easily done—he left me, and in a quarter of an hour returned with what he said was a power or attorney, which I signed, and gave it to him to take to Mr. Brooks, a stock-broker, who had done business for my family many years, with instructions to sell the stock out—when he got the power of attorney, he asked how long I had been in town—I told him—he asked how I was off for money—I said I was very short, and was about writing home for some—he said he would supply me, and asked if 10l. or 20l. would do, and said he would give me a cheque on his banker—he left me a few minutes, and returened with the cheque, written on a half sheet of paper—I parted the paper, and put the cheque into my pocket—on the following morning I bad to go to the Zoological Gardens, and asked the prosecutor to give me cash for the cheque—after going to the Zoological Gardens, I went to Knightsbridge-barracks—I was formerly in a regiment—I stopped at the barracks all night, and next morning I went to Mr. Brooks to know when the stock would be sold—he said a person, answering Smith's description, had been with the power of attorney, but he declined to act on it, not liking Smith's appearance—I said he had given me a cheque for 10l.—he said it might be all night, but he did not like the appearence of the man—a few days after, the prosecutor came with an officer, and said the cheque was bad—I explained how I got it, and proposed to go to Lincoln's-inn-fields, to see it Smith resided there, but could hear nothing of him—had I been guilty, I should not have had the half sheet of paper about me—I could have no possible motive for committing the forgery; for the prosecutor would have
lent me the 5l. without the cheque—Mr. Brook's can prove Smith's calling on him.
Prisoner. I admit it—I tore it from the paper myself.
GUILTY of uttering. Aged 33.— Transported for Life.
1865. JOHN WELSH was indicted for feloniously breaking and entering the dwelling-house of Tbeophilus Sunman, on the 12th of August, at St. Mary Stratford-le-bow, and stealing therein 6 tea-spons, value 2s., his property: and 1 pair of trowsers, value 14s.; 3 handkerchiefs, value 12s.; 3 half-crowns, and three shillings; the goods and monies of Richard Sunman.
RICHARD SUNMAN . I am a labour, and live with my father, Theophilus Sunman, in Wick-lane, Old Ford, in the parish of St. Mary Stratford-le-bow. On the 12th of August, I went out, and padlocked the house—my mother had the key—she gave me the key about oneo'clock in the day time, and I went to the house—it is a lone house—I found the padlock had been opened, and hanging on the chain—I went in, and heard somebody coming down stairs—I said nothing, but the moment he opened the door, I caught him by the collar—he was a stranger—he struggled with me, and gave me a blow which knocked me down—I had a long scuffle with him, and at last he got away, leaving his coat and hat behind—he ran across the fields—I pursued, and lost sight of him for a short time; but he was soon taken—it was the prisoner—I know he is the same person he was taken without a coat or hat—on going into the room, I foud three silk handkerchiefs, and a pair of trowsers of mine removed, and ten shillings and sixpence taken out of the pockets of the trowsers—they were not carried out of the house—the three silk handkerchiefs were brought down stairs, out of my box—the money was found in the prisoner's coat pocket—I am quite sure he is the person.
Cross-examined by MR. PAYNE. Q. How long did you lose sight of him? A. For about ten minutes—I said it was half an hour from the time he got away till he was apprehended, but not that he was out of my sight—he was in my sight almost all the way he ran—I had seen the things up stairs on Monday morning—this was Wednesday.
Cross-examined. Q. When had you seen your son's handkerchiefs? A. On Sunday, when he had them in use—there is no other way into the house besides the front door.
RICHARD DAVIE . I work for Mr. Hamilton, and am his son-in-low—my little boy told me of this robbery—I directly went down, and saw the prisoner crossing the field—I ran round in a contrary direction, and as soon as he saw me, he turned buck, and went on the bank of the canal—I at last found him concealed under the side of the bank, without a hat or coat.
Cross-examined. Q. What do you mean by being concealed under a
bank? A. A kind of shelving bank with rushes—he was lying down, pretending to be asleep—from the time I had seen him it was impossible he could be asleep—I am sure he is the man I saw running—I was about one hundred yards from him in the field, and his back was towards me—I did not see his face—the man I saw running had no coat nor hat on—I found three half-crowns and thirty shillings in his coat pocket.
JOHN DRUDGE . I am a policeman. I took the prisoner into custody without coat or hat—the prosecutor gave me his coat and hat, and said it belonged to him—the prisoner said he knew nothing of it—the prosecutor gave me ten, shillings and sixpence, three half-crowns, and some other silver, and this small jemmy.
Cross-examined. Q. Did you search the prisoner? A. No; The prisoner said he saw a man put the money into the coat pocket—I asked if he knew who that man was—he said not—he did not say he saw the prosecutor put the money in—there were a great many people standing round.
Prisoner's Defence. I had just come out of the water from bathing.
GUILTY .— Transported for Fourteen Years.
1866. AUGUSTA BENNETT alias JANE JONES was indicted for stealing, on the 2nd of July, at Saint George, Hanover-square, 1 tea-pot, value 10l., and 5 spoons, value 1l.10s.; the goods of William Measres, her master, in his dwelling-house; and WILLIAM JONES was indicted for feloniously receiving 4 spoons, value 12s., part of the said goods, well knowing them to have been stolen, as aforesaid.
WILLIAM MEARES . I live in Davis-street, Berkeley-square, in the parish of Saint George, Hanover-square. The female prisoner was in my service for about three weeks—on the 2nd of July, she asked leave to go out, and never returned—we examined and missed a tea-por value 10l., and all the property stated in the indictment, and other silver besides—I gave information at the police-office next morning, and on the afternoon of that day the constable broght me four spoons—I know nothing of Jones—Bennett had been out two or three nights before.
RICHARD PASSEY . I am a constable. About the 31st of June, I received information from Mr. Kyezer, a silversmith, who I lodge with, and I waited at home to apprehend a person if he came on the following morning, but he did not—next morning I was called down—I came into the shop, and saw the prisoner Jones with four spoons in his hand—on my walking towards him he picked them off the counter, and put them behind him—her an out—I called, "Stop thief!" and a gentleman stopped him in Tottenham-court-road—I took him to the station-house, and after making inquiry, a policeman gave information of this robbery—I went to Mr. Meares, who described Bennett, and in the evening in High-street, Saint Giles, I saw her with another female coming out of the Rockery—I went up and spoke to her—he said her name was Jane Jones—I said "I think it is Augusta Bennett"—she said, "Yes"—I asked her where she came from? she said, "Brompton"—I said, "Don't you know Davis-street, Berkeley-square"—she said, "Yes"—I said, "Don't you know Mr. Meares"—she said she did—I told her the charge, and she mentioned all these articles singly; as having taken them—nothing has been found bat the four spoons.
a silver fork, and asked if I bought silver, and if it it was all right—I looked at it and said, "Why so?"—he said, "If you do I shall have a good swag to-morrow"—I said, "I do not like buying any thing on the cross, but let me see it, will you?"—he said, "Well. to-morrow morning I will bring it; I suppose it will be all right?"—I said "Yes," and bought a fork, worth 10s. for 7s. 9d., which we call a cross-price—as soon as he was gone I gave information to Passey—(I have apprehended nearly thirty person in that way)—Passey waited all the next day, but he did not come—next morning he brought four spoons—I called my man aside, to send Passey, who came down and went out of the side door; and as soon as he came into the shop the prisoner took the spoons up, and tried to conceal them—he ran out and would have got away, if a gentleman had not stopped him.
(Property produced and sworn to.)
Bennett's Defence. When I was at the house I drank a quanitity pf spirits, unforturnately, and did not know what I was about—in St. Giles's I met this man—he went with me to nearr the church, and said, "Do you want a lodging?"—I said, "Yes; "—he said, "Take a little run-and-water"—we went into the public—house, and when I tasted it I gave it to the publican's wife—he said he would take me to better lodgings.
BENNETT— GUILTY . Aged 32.— Transported for Life.
JONES— GUILTY . Aged 25.— Transported for Fourteen Years.
1867. JOHN ORCHARD was indicted for feloniously forging, on the 4th of August, a Bill of Exchange for payment of 16l. 14s. 6d., with intent to defraud Alexander Semple—2nd COUNT, for offering and uttering the same, well knowing it to be forged, with a like iutent—3rd and 4th COUNT for forging and uttering an accedptance therof, that is to say, "Accepted, W. Laurence," with a like intent.
ALEXANDER SEMPLE . I am a timber-merchant, and live in Newman-street, Oxford-Street—I have known the prisoner about three months—I have had money transactions with him—he represented himself as a fruit-salesman—about the 4th of August, he brougth me a bill for 16l. 14s. 6d., drawn on Mr. Laurence—(I had discounted one before for him)—I asked him who Mr. Laurence was—he said he was a pastry-cook, in Oxford-street, and he sold fruit to him; and afterrwards brought a second bill from the same person, I said he was carrying on a strong trade with Mr. Laurence to have another bill on him so soon, and I must make inquiry about it, if he would call to-morrow morning—he left the bill with me I did not discount it—I took it to Mr. Laurence and showed it to him, and sent for Webster, the officer, to be ready when he was to come for the money—he said he had done a deal of business for Laurence, and he owed him a good deal of money—when he came next morning I had Webster there, and when I introduced him to him, I told Webster, in his presence, he had brought me that bill, which was a forgery; and I showed him the other bill, which ws for 18l.—Webster told him he was in his custody.
PHILIP WEBSTER . I am an officer. I was sent for, and went into Mr. Semple's counting-house—he brought the prisoner in—then opened his pocket-book, and produced the two bills—he said, "Are these bills Mr. Laurence's own writing"—he said, "Yes, they are, both of them"—Semple said, "I have seen Mr. Laurence, and he denies any knowledge of the bills, or their being his hand writing; that being the case, they must be forged; will you go with me, and see Mr. Laurence?"—he said, "I will"—I
then said, "I am an officer, and you will consider youself in custody"—he said he was aware I was an officer—I took him to Laurence, who was not at home and I took him to the office.
Q. What discount did you get from this young man? A. I do not know that it has any thing to do with the proof of the forgery—as near as I can recollect, I think I took a couple of pounds of him—the bill was for 18l. 5s., at three months after date (bill read.)
WILLIAM CRAIG LAURENCE . I am a confectioner, and live at No. 158, Oxford-street. I have known the prisoner from a child—he has received 5l., 10l., and 20l. in money from me, as the agent of his father—the acceptance to this bill is not my writing—I know nothing about it—it is not drawn nor accepted by my order, nor consent.
Cross-examined. Q. The bill is not in the name of William of Craig? A. No; I cannot say how many Mr. Laurences there are in Oxford-street—I know no other confectioner of that name, there may be—there are about five-hundred houses in Oxford-street—I have known the prisoner all his life as a respectable man.
(Charles Nevitt, gardener, of Turnbam-green; John George, cheesemonger, Chandos-strret; Ann Lizard, Ivy-lane; and William Pullen, salesman, Covent-garden, gave the prisoner a good character.)
GUILTY . Aged 23.— Transported for life.—Recommended to mercy by the Jury on account of his character, and the Prosecutor's taking so large a discount.
NEW COURT.—Saturday, August 22nd, 1835.
Fifth Jury, before Mr. Recorder.
1868. JAMES SHORT was indicted for stealing, on the 28th of July, 68 check-springs, value 3l. 2s.; 4 bell-carriages, value 2s.; 1 handkerchief, value 1l.; 2 files, value 1s. 2d.; 1 pair of plyters, value 2s.; 1 tea-caddy, value 9d.; and 2 images, value 1s.; the goods of John Linton.
JAMES HAYWOOD (police-constable G 173.) On the 28th July, at two o'clock in the morning, I was in Golden-lane—I saw the prisoner there; he fell down, and his hat fell off—he got up again, and walked off—I followed him, and found a tea-caddy under his arm, and these springs in his bat—I found one file on him, and my brother officer found another—we took him to the station-house, and the inspector let him go—soon afterwards the prosecutor came, and made a complaint—we went after the prisoner, but could not find him—I went back to the place wher he fell down, and found this one check-spring.
Prisoner. Part of the things I had were my own, and part the New River Company's who I work for. Witness. When I took him, he said he had had these things twelve months—after I took him the second time, he said he had them for a debt that day, from Wellington-street, where he was removing goods.
and saw the prisoner fall down—I found this small spring just over the threshold of the door, where his hat fell in Golden-lane—that is about one hundred yards from the prosecutors's house.
JOHN LINTON . I live in Golden-court, Golden-lane. I lost, on the 28th of July, two files, five dozen and eight check-springs, one pair of plyers, and some other things—I have only found this bell-carriage, which was in the privy—I had left all this property tied up in a handkerchief, and my tools were on the bench; and when I came home there were a great many missing, and the rest scattered about—I was kicking up a disturbance with the people in the court, when these two policmen came, and asked what was the matter—I told them I had been robbed—they said thay had taken the man to the station-house, and let him go—I made these check-springs myself—it was about half-past two o'clock at night, when I discovered my loss—the door was wide open, the candle was alight, and the cupboard door was open—I missed two images, a tea-caddy, and all the articles stated.
SARAH LINTON . I am the prosecutor's wife. I went with him to a raffle, and we returned at half-past two o'clock—the tools had been in the rack, and the images on the mantel-piece—I left the door ajar, and the candle burning—when we returned, the property stated was missing.
Prisoner's Defence. The peoperty I had in my handkerchief belonged to the New River Company—they were wires which we put into pipes—the two articles produced by the officers I never had in my possession.
GUILTY . Aged 32.— Transported for Seven Years.
JAMES BAILEY . I live in Lucas-street, Bethnal-green, and am a silk-weaver. The prisoner was in the habit of charing for us for five years—I saw her in the back-room, on the 12th of August—I went out, and on my return, in consequence of what my wife said, I went after the prisoner—I found her at the Flower Pot, at the corner of Church-street—I saw her shuffling about—I then found my candlestick in the lap of another woman, who sat there—the woman said the prisoner gave it to her to hold—the prisoner said my wife had lent it to her.
Prisoner's Defence. I was in great distress; my husband was then dying in the workhouse, and he is now dead.
GUILTY. Aged 44.—Recommended to mercy.— Confined Six Days.
MR. CHAMBERS conducted the prosecution.
HENRY THOMAS WOODS . I am a tripe-dresser. The slaughter-house which this offal was in, is in Newport-market; it is Mr. Dineley's; his agent is Mr. English—I have agreed with him for a great many years, for all the middle gut of the beasts which are killed there—the butchers pay so much for killing there, and he sells the offal—the prisoner Anderson was in my service—he goes to the slaughter-house, and they deliver the offal to him
as my servant—he was not regularly employed by me, but on certain occasions, when it was not convenient to send my man—I had set persons to watch on the 30th of July, and went there myself soon after the prisoners were taken—I saw the gut in Nellis's cart, with the tub turned down upon it.
Cross-examined by MR. MAGUIRE. Q. Does any body else deposit things there? A. Mr. Dinely's men kill there for the butchers, and I contract for the middle gut of all the beasts that are killed there, and have for twelve years—the men have the running gut—there is a tub for mine, and a tub for the others.
Re-examined. Q. You found some middle gut in the cart? A. Yes; and the tub was turned down upon it—their gut was in the cart.
THOMAS SOPER (police-constable F 52.) On the 30th of July, I was watching near the slaughter-house. I saw the prisoners there—Peploe came first with a donkey-cart, with the name "W. Nellis" on it—he drew it up to the New Market—the donkety's head was facing the common slaughter-house, and it was near some sheep slaughter-houses—after he had done that, Nellis took a tub out of the cart; it was then empty—they took it into the commone slaughter-house where the beast are killed—they came out with running gut in it—they shot that into the donkey-cart—Nellis walked away round the corner, after he had stood looking about—Peploe stood near the donkey-cart—just after Nellis went away, Anderson drove up with Mr. Wood's cart—I saw Anderson, and a boy in company with him, go into the slaughter-house, and bring out tub of middle gut and when they came out, they beckoned to peploe, who crossed over to Anderson, and took the tub of middle gut, and threw it into the donkey-cart, and left the tub over it in the front of the cart so as to cover them closely—I cannot say where Nellis was while this was doing; but when I went up to the cart, he came out of a slaughter-house, where they slaughter the sheep—I do not know whether Anderson and the other boy took the tub into the slaughter-house, but I saw them bring out the same tub—I went up to Nellis's cart—in a minute after I had seen this Nellis came out of the sheep slaughter-house, opposite where the cart was—I took them both into custody, and the boy that assisted Anderson—Nellis said he did not authorise his boy to take any thing of the kind—he could have seen what was done; but I cannot say whether he did—I have been a butcher—I am quite sure that which was brought out was middle gut. Cross-examined. Q. Did you know what Nellis was? A. I have heard he keeps a boiling-house—the tub was so full he could have seen what it was—I could tell at ten, or twenty, or fifty yards off—I was standing in the public-house, looking through the window; not ten yards off—there was nothing else in, because I examined it all carefully—there was nothing but middle and running gut—the running gut was thrown in first, and the middle gut last, and the tub on it—the offal consists of the middle and running gut—in some slaughter-houses they are all thrown down together.
Re-examined. Q. At the time the running gut was placed in, Anderson had not arrived? A. No; the running gut is slimy, and the other is thicker and fatter.
JAMES WILSON MITCHELL . I was with the policeman on the 30th of July—I have heard his account, but there is one thing which I think he did not see: upon putting the first quantity of gut into the cart (which was shot into the back of the cart,) they put the tub on the stones; then when
Wood's cart came up, peploe heckoned to Anderson, and pointed to the tub; he then went in and brought out two quantities, and put it into Mr. Wood's cart; the third tub he brought out, he put on the stones, and beckoned to Peploe, who came and put it into the cart, and turned the tub over it—that was after Nellis was gone—if he was looking he could have seen them—we went and took the direction on the cart, "W. Nellis, Vine-street."
COURT. Q. Had Andetson a tub of his own? A. I cannot say; but on the day brfore Anderson came, and took a tin and put it into Wood cart—there was a much greater quantity in the third tub than in the other two—because I could not see it from the top of the tup, but the other I could.
GEORGE FRASER . On the 30th of July, I was at the slaughter-house in Newport-market—Anderson came and asked me, in Guildford-street, if I would come in and have a ride—I went with him till we came to Newport-market, and Nellis' cart was there; he called out to Peploe, and asked him to lend him his tub; he said, "I shall not land it to you, you broke my tub before when I lent it you"—he afterwards brought it over to him—I was sitting on the cart, and Anderson asked me to come and help him out with them, and he brought out two half—tubs full, and than he fetched out the third tub, and that bad a great deal more in, than the other two; then he said to me, "Oh, I have got more then I ought to have, half belongs to this other man," and than he beckoned to Peploe, who came over and took the guts off the curb-stone, and chucked them into Mr. Nellis' cart—Anderson had no tub.
JOHN ENGLISH . I am Mr. Dinely's superintendent at the slaughter-house—Mr. Dinely is entitled to the middle gut of all the beasts killed there—I never gave authority to any one to take away any gut—I never interfere with that.
Cross-examined. Q. There are other guts in these places besides this middle gut? A. Yes; they belong to the butchers.
COURT to H. T. WOOD. Q. What was the value of this middle gut? A. The least value was 3s.—I use it prin cipally for dog's—ment; beside which a good deal of fat comes from it; I supply them with a tub to carry it out with—I do not know whether he took he took it that day.
Anderson's Defence. He never allowed me any tub to go out with the cart.
Peploe. How could that tub be full when it was broken?
Nellis. These guts are warm, and will not stay in this tub, being broken—Anderson broke my tub, and he gave my man these two or thme guts for having broken it—I did not want these guts, as I was destroying and burying guts every day.
NOT GUILTY .
JOHN CAWTHERY LONDGE —I live in Boar's-head-yard, Whitechapel—on the 12th of August, between ten and eleven o'clock, I saw the prisoner come up the yard—Mr. Furnival's shed ✗ at the end of it—I did not see him go into the shed nor come out—I saw him with a cistern, because a man told me to look and see how he carried it—it was cracked down the front of it.
shed—I belive the prisoner to be the man—he has the appearance of it—I never saw him before, but I observed as he passed me that his trowsers were turned up.
JAMES FURNIVALL . I am a broker. I have a shed in Boar's-head-yard—I had scistern there—I saw it safe in the morning, and missed it in the afternoon—the prisoner worked for me several times—one Conolly was charged with this, but acquitted—it was said he was seen by some of the neighbours to go and unlock the door, and take this man and employ him to carry it—Conolly had worked for me a week before.
THOMAS GRANT (police-constable H 76.) I apprehended the prisoner—he said he knew nothing about the charge—when he was in the passage at Worship-street, he called his master, and said, "Do not say any more about it, I will come and work it out."
JOHN CAWTHERY LODGE re-examined. I am quite satisfied he was the man—I spoke to him, and I saw it upon his shoulder—I had not seen the cistern in the shed—when Mr. Furnivall spoke to me about it, I said, "Do not make a noise; it was your own men; it was Jack Donovan, and old Tom, and Conolly."
JURY. Q. When you said "Halloo, Jack," did he make any answer? A. No; when he carried the cistorn, I did not see his face.
NOT GUILTY .
WILLIAM WOOD . I live in Dean-street, Soho, and am an attorney. On the 31st of July, I was walking in Bow-street, Covent-garden—Mr. Harrison came to me—I put my hand to my pocket, and missed my handkerchief—I had just before that observed the constable stop the prisoner—two handkerchiefs were taken from him and one was mine.
JAMES HARRISON . I live in Long-acre. I spoke to Mr. Wood, in Bow-street—I was at my Printing-office in the neighbourhood—I could see what passed—I saw the prisoner near the prosecutor's person—I saw him deliberately draw his handkerchief from him—the impression on my mind was, that it was not done felonioulsy, but from a trick—the handkerchief was drawn out half a yard before he rolled it up—I went out to lay my hand on him—he bobbed down, and jumped up, and run down the whole length of Bow-street—I never saw any one run so fast in my life.
Prisoner. Q. Was your window up or down? A. I saw through the glass of the window, but it was partly up—I knew you by the glance I had of you, in the first instance—there were other persons passing.
HENRY LAKE (police-constable T 103.) I assisted in stopping the prisoner—he fell dowm on his hand—he got up and run again so fast, that I could not catch him till some persons stopped him—I said, "You are accused of stealing a handkerchief"—he said, "I have one which is mine"—he gave me his own, from his pocket, but I saw this in his trowsers pocket, and took it.
Prisoner. Q. was not you more likely to see me than that man up stairs, when you was passing the end of the street, not half a dozen yards from me? A. I cannot say what distance I was—I ran when this gentleman told me of it.
Prisoner. There is no mark on it—the prosecutor could not swear to it—it was marked at the office.
Prisoner's Defence. I did not run till I heard the cry of, "Stop thief!" and saw several others running—I jpicked up the handkerchief.
GUILTY *. Aged 19.— Transported for Seven Years.
EDMUND DAVIES (police-constable E 74.) On the 8th of July, about twelve o'clock at night, I saw the prisoners in Broad-street, St. Giles's, with two women—one of the women was carrying this carpet, wrapped up in an apron—Griffin took it of her, and then he handed it to Watson—I stopped Watson and one of the women—Griffin walked away—I asked Watson what he had got there—he said he did not know, but a man gave it him, to carry to the Saracen's-head, Aldgate—I asked him if Griffin was the man—he made no answer.
Cross-examined by MR. MAGUIRE. Q. He walked leisurely; he did not resist? A. He walked; he did not run.
ROBERT CURTIS . I was shopman to Mr. Simeon Brown; he lives in Holborn. I am certain this stair-carpet is his property—it was lost between nine and ten o'clock that evening—a man who is not present gave us the informataion.
Cross-examined. Q. Is there any mark on it? A. No; but I can recognize it by its being discoloured by being shown to persons.
COURT. Q. What was the quantity you lost? A. About the same as this—it had gone through my hands every morning for a month previous to its being stolen—there was a ticket on it; but that is gone.
Watson's Defence. I went into a public-house, and had some porter—I staid there till eleven o'clock—a gentleman asked me to carry that bundle to Whitechapel, and he gave me sixpence—as I came down to Museum-street, I met Griffin with the two females—we went back, and had two half-pints of rum—I was then going on, when the officer took me.
Griffin's Defence. I only came to England in January, and have been living on my pay—I met Watson in Holb orn. at the corner of Plumtree-street, and went back to have something to drink.
(William Dorkin, of the Green Man and Still, and—Jefferys, clerk at the Bull and Mouth inn, gave Griffin a good character.)
GRIFFIN— GUILTY . Aged 24.
WATSON— GUILTY . Aged 24.
Transported for Seven Years.
1874. JOHN NICHOLAS SPENCER was indicted for stealing, on the 14th of July, 4 shirts, value 7s. 6d.; 4 stockings, value 2s.; 1 apron, value 6d.; 1 night-cap value 6d.; and 1 pillow-case, value 6d.; the goods of John Johnson.
David-lane. I missed these things from my wash-house on the 14th of July—I had left them there the night before.
HANNAH BATTS . I am eleven years old. I live in King David-street—one morning, about a month ago, my father sent me to see what time it was, and I saw the prisoner near Mr. Johnson's gate, and another person was inside—the prisoner was near the wash-house—he said, if did not go in. he would kick my guts out, and he made a wicked name at me—I told Mrs. Johnson what I saw.
Prisoner. I never saw her, the prosecutor's sister ran over to her, to tell her to say I was one of the lads. Witness. No, she did not.
SARAH OWEN . I am the prosecutor's sister. On the morning of the 17th of August, I was in the back-room, adjoining the shop—the prisoner and another boy came by—the other boy, who was taller than the prisoner, came in—I went to speak to him, and asked if he had told the butcher about the things being stolen—the prisoner came up and I saw that he had got my brother-in-law's shirt on—he said, he bad had it six months—and then he said, he had bad it seven months—I know the shirt by the marks on it—it is one my brother-in-law had an accident with, when 6 cwt. fell on his back.
Prisoner. It got that mark on it when I was carrying some iron, and there is a slit down it, which I sewed up with black thread. Witness. This is the tear which it got when my brother had it, but the black thread was not there then; I had washed it after my brother met with the accident.
Prisoner's Defence. The shirt was given to me by Ellis Ladd, whose father is captain of a ship.
GUILTY . Aged 15.— Conbfined Three Monthe.
Sixth Jury, before Mr. Common Sergeant.
1875. AMELIA CHAPMAN and GEORGE CHAPMAN LINK were indicted for stealing, on the 7th of April, 2 decanters, value 3s.; 2 looking-glasses, value 20s.; 1 miniature, value 1s.; 3 pillows, value 12s.; 1 tea-caddy, value 10s.; 4 blankets, value 1l.; 1 bolster, value 5s.; 3 sheets, value 8s.; 4 napkins, value 1s. 6d.; 1 table-cloth, value 4s.; 1 set of fire-irons, value 5s.; 3 quilts, value 10s.; 1 coal-scuttle, value 6s.; and I tea-kettle, value 2s.; the goods of James Shew.
JAMES SHEW . I live in Clarendon-street, Somers'-town. I let a lodging to the female prisoner—the man came afterwards—they represented themselves as husband and wife; and staid from the 24th of December till the 8th or 9th of April, when the man went away—I missed the articles, but not all at once—the woman expressed great surprise—she said, "It is not me; it is those thieves that are gone out;" meaning the man and her servant—twenty-five duplicates were found in the room, and they came into my hands.
Cross-examined by MR. PHILLIPS. Q. How long did the female prisoner lodge with you after she said part of the property was pledged? A. I believe a day or two—she laid it on her husband and the servant—I cannot be positive whether she said that they had been pledged through distress—she gave me up the duplicates, or I took them—I should not have known where they were if she had not told me—I went to Hatton Garden-office,
and to High-street about this, but I had not the man in custody then—they were taken coming out of the House of Correction.
Q. Did you take nothing but the duplicates from this woman? A. I have no knowledge of taking any think else—I do not know what I could take after the man went away—she inducel me to go four times to Piccadilly—I made her go with me the fourth time, and a gentleman gave her 2l., which she handed to me when I got home—I went home in a cab with her—she paid 2s. for the cab.
Q. Did you return her 6s. with the knowledge that these things were pledged? A. I forget whether it was 6s. or 8s.; it was less than 10s.; I keep a lodging-house—I do not know that I let lodgings by the night—I will not swear I have not.
NOT GUILTY .
1876. JOHN HAVERS was indicted for stealing, on the 15th of August, 1 crown, and 1 half-crown, the monies of Edward Jackson Hastler and another, his masters. 2nd COUNT, for embezzlong seven shillings and sixpence, the monies of his said masters.
EDWARD JACKSON HASTLER . I live in St. Paul's Church-yard, and an a liven-draper, and have one partner. On the 15th of August, we market one crown, one half-crown, four shillings, and two sixpences; and about a quarter of an hour afterwards, I asked the prisoner, who was in our employ, what he had sold—he said he had sold a cape for seven shillings—I went to the cashier, whose duty it is to receive money, and found he had paid him seven shilling—I then went to my friend, who I had solicted to go to the shop, and found he had purchased two collars for fourteen shillings and sixpence—I then went to the prisoner, and told him to produce what money he had—he first produced some halfpence, and then reluctantly produced a crown-piece and a half-crown, which I had marked, and given to a gentleman to purchase goods at my shop—these are the monies I had marked.
Cross-examined by MR. PHILLIPS. Q. Was he allowed to take change for a sovereign of his own? A. He had no business to do so, except in the absence of the cashier—he was not authorised to have access to the till—I had at that time the prisoner and the cashier in my service, but others might have access to the shop.
COURT. Q. How long time had elapsed between your marking the money and your asking the prisoner about it? A. About an hour—it was about a quarter of an hour after the gentleman purchased the articles that I spoke to the prisoner.
WILLIAM JOSEPH SEARS . I received the money from the prosecutor, and paid it to the prisoner for two collars—I paid eight shillings and sixpence for one, and six shilling for the other—I paid him this crown, and this half-crown.
Cross-examined. Q. Had you searched the till that morning. A. No: I had looked at the book, but I connot say what amount was in it—I searched the till in the evening—there was copper, silver and gold in it—I connot say what coins.
NOT GUILTY .
1877. SAMUEL PECK was indicted for stealing, on the 12th of August, 1 watch, value 5l.; 1 watch-chain, value 4l.; 1 split ring, value 5s.; and 1 watch-key, value 2d.; the goods of Edward Russell Greaves; and WILLIAM WHITE RICE was indicted for feloniously receiving the same, well knowing it to have been stolen, against the statute.
EDWARD RUSSELL GREAVES . I live in Goswell-street-road. On the 12th of August, I went to the Metropolitan baths at seven o'clock in the morning—I saw the prisoner Rice there—I paid him, and then I undressed and bathed—when I went away, I missed my watch—I went back, and saw Peck—I told him I had lost my watch—he advised me to look round the baths for it—which we did, but could not find it—we then went into the next room, where Rice was—he came and looked, but could not find it—Peck then asked my address, and the number of my watch, which I gave him—he said a number of valueable things were left there, and they kept a book to enter them in—I said if they delivered me my watch, I would give 2l.,—I went home, and returned in about an hour—I asked Rice if he had found it—he said he did not know, he would enquire—he opened a door, and called Peck—who said they had not found it—I repeated the reward, and left—a friend advised me to take a policeman, which I did at five in the evening—I then saw Rice—I told him I was the person who had lost the watch in the morning—he said he knew I was—the policeman then asked if Mr. Peck was in—he said he was not, he was gone to the City—the policeman then saig he should take him into custody—he said he need not do that, for he had watch, and produced it from a drawer.
Cross-examined by MR. CLARKSON. Q. Did you not make this entry of your name and address, and the number of your watch at Mr. Rice's instance? A. Yes; I helive I learned that it was customary to place in a drawer in that room, such goods as were found—I belive he said on the evening, "You need be under no alarm about you watch, it has been produced to me, and here it is."
Cross-examined by MR. CLARKSON. Q. Did he not say, "Here is your watch, it has been brought by Peck?" A. I belive he did—there is a notice put up, that goods left there shall be taken care of.
NOT GUILTY .
WILLIAM DODDS . I live at West-ham. On the 5th of August I went in my chaise to Highbury-park and I left my choise, with my coat in it, in care of a boy—I received information, and came out—I missed my coat—I afterwards saw it—here it is.
Prisoner. It was thrown on my shoulder by a boy—I heard a cry of "Stop thief!" and threw it down.
(Thomas Bright, of Leonard-street, gave the prisoner a good character.)
GUILTY. Aged 16.—Recommended to mercy. — Confined Six Months.
I have one partner—the prisoner worked for us; he came in April last—this is my property.
Prisoner. I did it through distress; I had been fourteen months out of employ—I have a wife and three children.
GUILTY . Aged 29— Confined Six Months.
ROBERT JOHNSON . I am shopman to Mr. George Everingham. He is a hosier—he had a pair of trowsers hanging inside his door, on the 19th of August—I heard a sucffle; I went out and saw the prisoner—Fryer was pushing him into the shop—these trowsers fell from him.
Cross-examined by MR. MAGUIRE. Q. Were there many other things there? A. Yes; these could not have fallen down, as three waistcoals were unpinned.
Prisoner's Defence. I happened to look at some shirts—there was another young man looking there—these trowsers were close by, and the witness said I had stolem them—he pushed me into the shop.
GUILTY . Aged 26.— Confined Three Months.
JOSEPH WEARE . I am a gentleman's coachman. I lodged at the Cock and Lion, in Wigmore-street—I was in town with my mistress, on the 20th of August—I had in my jacket pocket, a canvass bag, containing this money—I pulled off my jacket and hung it on the screen in the kitchen—I saw the prisoner go into the kitchen in a few minutes, and he went away directly—I then went to the jacket, and my purse and money were gone—I went after the prisoner, charged him with it, and took the bag and money out of his right hand.
Cross-examined by MR. PAYNE. Q. What part of the kitchen were you in? A. I was in the yrd, cleaning my shoes—I had seen my money safe just before I hung the jacket up—the prisoner said he picked the bag up—I could not say that he did not—it might have dropped out—he did not make any resistance—he had alittle child with him—he went into the kitchen to light his pipe—I believe he was at work in a stable.
Prisoner's Defence. I picked it up on the floor—before I got across the bar he came and took it from me.
NOT GUILTY .
NOT GUILTY .
OLD COURT.—Monday, August 24th, 1835.
Third Jury, before Mr. Sergeant Arabin.
JAMES DUNCAN . I am house-surgeon of the London Hospital. The deceased was brought to our hospital between six and seven o'clock on the evening of the 2d of August, quite intoxicated—she had two triffing bruises, one on each leg, one on the chest, and a slight wound of the scalp on the left side; another on the lip, and a fracture of the lower jaw, on both sides—I paid attention to her, and she went on very well till the evening of the 6th, when she became very restless, and during the course of the night, delirious; and died on the 7th, at noon—she was conscious that she was in extreme danger for two or three days before she died—I did not hear her say that she should die—after she was dead I examined the body—as far as I could judge, her constitution was broken from drinking—I am not enabled to say what was the cause of her death—from the appearances on dissection, I believe it was from the constitutional disturbance. occasioned by these blows, and the shettered state of her constitution—that is the only way we can account for her death; but I cannot say positively that the blows did cause her death—the anger and irritation of the moment, added to her bodily state, might have caused her death—she might possibly have recovered if she had been in a good state of health—there was no mortification of the wounds.
ANN M'CARTHY . I am a widow. I knew the decessed, Hannab Norton for about five years—she got her living in the streets, by selling fruit—I knew the prisoner about the same time—he got his living by portering—I lived next door but one to them, in George-Yard—between three and four o'clock on Sunday afternoon, the 2d of August, I was in my own house, I heard a noise for a good bit, but I thought I would not come out, as they were frequently quarrelling—I could ascertain by the voice that it was Norton and his wife—she has a daughter by her first husband—when I came to the door I heard Mrs. Norton cry out—I should have gone to their door, but they are rather desperate—I listened at my door—the daughter came down with a jug in her hand, and stood at the door—she shut the shutter too—I stood there, and heard her say, "Mike, come down and open the door, I cannot get in"—that is a man she cohabits with—they live down stairs, the father and mother live up-staire—I heard Norton's voice—I saw them at eleven o'clock—they were not drunk then—I saw no more of her after that—I did not see her when I heard the noise—I believe she was very much given to liquor—I often heard her husband scold her for being drunk—he sometimes beat her when she was not drunk.
Cross-examined by MR. PAYNE. Q. Have you not often seen her drunk? A. Yes; and heard her husband scold her, and when she was not drunk.
MARIA CUBBAGE . I Live nearly opposite—I saw Mrs. Norton at a quarter past eleven o'clock—she said she had put Mike, her husband, and all the rest, to bed, very drunk—she said she had afew halfpence—she would go and get something to drink—I went with her.
ANN WILSON . I am married, and live four doors from the deceased. I saw her that Sunday at one o'clock—she came into my room—I believe she was sober—she had a mug in her hand, and was going out—I never saw her afterwards—I heard the screams during the quarrel—I heard no one's voice but her own.
MARY ANN FROMER . I live within five houses of the prisoner. I saw the deceased on Sunday morning, between nine and ten o'clock—she was taking a little rum—she was then in good health—I never saw her again—I cannot say that she was tipsy at the time—I did not speak to
her—I heard the screaming from her own room. I heard her husband's voice, but did not understand what he said—as I do not understand the Irish tongue.
BRIDGET WELCH . I live at Islington. This house is in George-yard, Islington—the deceased was my mother—I live with a young man—the prisoner was my mother's second husband—I heard nothing till my brother Thomas brought my mother in—she was all over blood—her mouth was hanging down, and she said her jaw, she believed, was broken—she laid on my bed, and asked me for something to drink—she said she would take half-a-pint of warm beer; which we gave her—I did not feel her jaw—she was about half-and-half—she had had a good drop—I went for the doctor, and she was taken to the hospital—she walked up to the coach to the end of the court—I lived in the same house—I went in about half-past eleven o'clock that day, and did not come out any more—I did not hear any noise, except a few words that passed in the morning.
Jury. Q. Was you up or in bed? A. I was in bed—I had drank a little that morning—the deceased was very much given to drink—sometimes two or three times a week—her husband scolded her about it.
MR. PAYNE. Q. Had you seen them fight? A. Oh, yes; she always used to return it.
THOMAS NORTON . I am the prisoner's son. On the Sunday in question, I left them having their dinner—they were not peaceable; say father and mother were both tipsy—I went to Hornsey to bathe, and returned at a quarter-past four o'clock in the afternoon—I found them both in bed and asleep—I went out, and returned in a quarter of an hour—my mother was sitting up, with her hand to her jaw—I asked her what was the matter, she told me to come and feel—I felt, and said, "Your jaw must be broken"—she said, yes it was—I took her into my sister's room—I then took her into my room—my father was asleep all this while—he assisted her down stairs, when I awoke him—she said they had had some words, and he struck her—she was drunk—he appeared very sorry, and assisted her.
Cross-examined. Q. When you returned, the second time, you found your mother sitting up with her hand to her jaw? A. Yes; my father had not been awake in that time—so that what was done must have been done before then—she was very much given to drink, and very aggravating—I do not know but that she might have fallen.
EMMA PARISH . I am a nurse at the hospital. The deceased came in on the Sunday—she had a broken jaw—she had every attention paid her—she expressed herself as believing she was in danger—on Thursday she said she thought she should not live—she said her husband had broken he jaw—I saw her when she came' she had been drinking.
Cross-examined. Q. Did she not say it was as much her fault as her husband's? A. No; she did not say they were both intoxicated—a clergyman saw her—I was backwards and forwards.
MR. PAYNE to THOMAS NORTON. Q. When you awoke your father, what did you say to him? A. I said, "I want some money for a coach to take my mother to the hospital; do not you know that she and you have had some words"—he said he did not know any thing about it—but he expressed great sorrow.
BRIDGET HACKET . I live next door to the prisoner. On the Sunday, about ten o'clock, I saw the prisoner push the deceased in doors—they both appeared to be in liquor—I never saw him strike her—I went out,
and returned at ten o'clock, and I heard her cry; but we did not notice that, because when in liquor, she very often made these noises—I believe she was exceedingly intoxicated—about three o'clock, I heard a groaning, not so loud as she usually used to cry—they did not quarrel often.
Cross-examined. Q. When she was drunk, she was not very peaceable? A. No; she did not make use of her hands, but her tongue in general.
(police-constable E 102.) I apprehended the prisoner on the 7th—I said, "It is for ill-using your wife"—after going out he said, "I done it, but I done it fighting."
Prisoner's Defence. I have no recollection of it.
GUILTY . Aged 50.— Confined One Year.
Third Jury, before Mr. Recorder.
1884. JACOB MYER LEVISON was indicted for that he, on the 31st of July, feloniously did forge a receipt for money; to wit, for 89l. 13s. 8d., with intent to defraud William Henry Stephens.—2nd COUNT, for feloniously uttering, disposing of, and putting off, a like forged receipt, well knowing it to be forged, with a like intent—Two other COUNTS, stating his intent to be to defraud Charles Bosanquet, Esq., then being president of a certain society or partenership, Called the London Life Association.
MR. CLARKSON conducted the Prosecution.
(The prisoner representing that he could not understand the English language, the evidence had interpreted to him.)
MARY CUSHEN . I was in the service of the prisoner—I kept the house for Mr. Clare, No. 5, Broad-street-buildings—the prisoner took and office there—he commenced on the 30th of April—I talked English to him quite sufficeint for him to understand me and I to understand him.
Cross-examined by MR. PAYNE. Q. What kind of conversatioin did you have? A. Little things about the house, about the children, and the times—his wife understands English, and I have conversed with her—he has come down into the kitchen, and asked me the time in broken English—I have told him; he has said "Thank you, Madam"—he has said different things about the children—I have conversed with him for an hour or two, when he has had nothing to do in the yard—he has said several things about domestic affairs; sometimes he has had a difficulty in understanding—he has read the inscriptions on my pictures.
MARY CUSHEN re-examined. I took care of the house, No. 5, Broad-street-buildings, for the landlord—the prisoner commensed lodging there on the 30th of April—I spoke to him and received answers in English—he, in a great measure, understands what is said in Court, not to ealowlate a word together when you speak fast—if you speak to him in a slow tone, and explain it, he would understand every work.
Q. Had he a brother with him, a gentleman of the name of David Levy? A. Benjamin Levison was there—the prisoner told me that he was his cousin—the prisoner was master of the business; Benjamin acted as clerk, and told me the prisoner was a dealer.
Q. Who was your master's tenant? A. The prisoner occupied the parlour—"J. M. Levison, "was upon the door; he had it put there, and paid for it—I never saw any business, but there was a round table, covered over with some papers on it, and some gentleman called but I never knew what business he carried on—he left the house, as near as possible, on the 30th of July—his rent was due on Tuesday—he came and took away a glass, table, and a sofa—he left the place on Tuesday night, 2nd of August.
Cross-examined. Q. this other Levison acted as clerk, and the prisoner the master? A. Yes; gentleman came and asked for Mr. Levison—I said there was Mr. Levison, and they said it was his clerk they wanted, and then Benjamin came out of the parlour to them—he slept there for a month—he was as much there as the prisoner for the last month—I have heard Benjamin called his clerk in his presence—he acted as his clerk and interpreter—I have heard him tell gentleman so, when he pretended he could not speak English—I have heard B. Levison communicate to the prisoner what persons have said—I never heard any person address the prisoner in English, and he answer them.
WILLIAM HENRY STEPHENS re-examined. In Consequence of the letter, I applied to my brother-in-law, Mr. Chubb, to go to Broad-street, and gave him the letter—I afterward saw Benjamin Levison at Bernard's-inn—my brother-in-law, Benjamin Levison, and two other persons were there—this was the first interview I had about the money—I had heard from my brother-in-law what I was to do before I went there; and in consequence of that, I wrote aceptances to these four bills in blank (looking at them) and delivered them to Benjamin Levison, without any drawer's name on them—he delivered me this paper, without the writing across, "Received 20l. on account, 31st July, 1835. T. C."—these words were not on it when I received it from him—the paper was brought ready written—I never authorized him or the prisoner to give any receipt for the sale of my policy—I never agreed to sell my policy or to cancel it—I only considered I was giving it as a security for the money I was to borrow—I never authorised any body to fill this paper up as it is—I put my name to the receipt, to enable chubb to receive the 150l.
THOMAS CHUBB . I am the prosecutor's brother-in-law—in consequence of what passed between us in July last I went to No. 5, Broad-street Buildings with this note, about mid-day—I do not recollect the day of the month—I saw the prisoner there and produced this note to him—I am positive I showed it to him as my introduction—he was sitting at a table, with some papers before him, writting—I spoke to him in English and be asswered me in English—I told him I had called in consequence of this note, which was directed to W.H., and then he called for Benjamin Levison—I had the letter in my hand when I told him so, and showed it to him—I said, in the presence of them both, that I had come from Mr.Stephens, who was the party that wrote under those initials, and asked the terms on which they would advance 150l.—Benjamin answered me in the presence of the prisoner—he told me that for three, six and nine months they would advance the money at a bonus of 7l.; and for three, six, nine, and twelve months, 10l.—the prisoner appeared to be attending to what Benjamin said—he sat at the same table—Benjamin said that the prisoner was optician to the King of the Netherlands, and had a large sum of money to lend—that was all that passed on that occasion—I went again the following week, about the middle of July, and saw the prisoner alone—he called Benjamin in before
I said any thing, and Benjamin, in his presence, asked if Mr. Stephens would give any further security; whether either of the refrees would become a party to the bill—I had given them refrences before—it was agreed at this interview to give four bills—Benjamin Levison drew the form in the prisoner's presence for four bills at three, six, nine, and twelve months, for 40l. each, the signature to be left blank—the prisoner saw the paper delivered to me—I cannot find it—I have looked for it, and believe it to be destroyed—the bills were drawn exactly from that form—when I was asked to give security I told him Mr. Stephens objected to give the references as parties to the bill, but he had a life-policy which he would give as collateral security for the payment of the bills.
Q. Did you say deposit or give? A. I said he would let them have, or give, or deposit—I said he would let them have it as a collateral security—I am sure I said as a collateral security for the payment of the money to be advanced—nothing further passed at that interview—the bills were to be drawn—on the 24th of July, I went again and saw both Benjamin and Jacob—at the two first interviews the prisoner asked me, in English, to sit down, and said, "Good morning, "and so on but he generally had Benjamin, as his clerk, to transact the buisness for him—he attended to what was going on—he gave his whole attention to what was going on—Benjamin spoke to him, while the conservation was going on, several times—he applied to him several times—on the 24th of July I took the four bills, previously accepted by Stephens, to No.5, Broad-street-buildings—the drawer's name was not then or them—I also took this policy of insurance—Benjamin and the prisoner were both together on that occasion—I observed the prisoner write, from time to time, when I was there—I expected to receive the money on that occasion, and applied for it in the prisoner's presence for the 150l.—Benjamin said the money was not ready—that he wished to know from his attorney whether the policy, without a deed of assignment, was a collateral security—he said his attorney was Mr. Croft—he said, "We wish to ascertion from Mr. Croft, our attorney"—I believe he said he lived somewhere in the Strand—I am sure he said, "collateral"—on this occasion the prisoner did not communicate with Benjamin—he was sitting, and had a book in his hand, pretending to read—he did not appear to me to be reading—he seemed to look up as if he was watching what was going forward—I left the policy—I laid it down on their table—the prisoner was sitting at a little distance from the table at that time—Benjamin Levison opened the policy and read it—the prisoner did not come near to look at it or the bills—an appointment was made by Benjamin, in his presence, to meet that evening, at Barnard's-inn Coffee-house—I went there at the time appointed, and saw Benjamin there—Mr. Wormald and Mr. Stephens were with me—the bills were produced at this meeting—I had them myself—the drawer's name was not on them then—Benjamin did not bring the money with him—we stated that we did not wish to part with the bills till the money was forthcoming—he brought the policy with him, and he had a memorandum that he held that—this is the paper he gave me (No.2)—the name of Minter Hert was mentioned—I rather think it was by Wormald—he said, "I know there have been circumstances of persons losing their bills and securities too," and mentioned Minter Hart—Benjamin Levison said this was different, as Mr. Stephens had paid for the stamps himself—if he misappropriated them it would be felony—I delivered the bills to him, after he gave me this memorandum, without the writing across it—it was signed as it is now—"J. M. Levison"—I
required Benjamin to put his name as a winess to the signature—he did so, and represented it as the signature of "J. M. Levison"—I have been to the prisoner's place, I suppose, a dozen times, altogether—I saw him write at his own place—at the Computer, and before the Magistrate—I have seen him write, perhaps five or six times, and believe the signature "J. M. Levison," to be his writing—I know Benjamin's writing—I saw him write his name to it—I believe this letter (No. 4.) to be the writing of the prisoner—This, "Received 20l. on account," is Benjamin Levison's writing, and this note (No. 1.) is his writing—after this memorandum was given, we separated—Benjamin said they got the bills discounted at a lower rate of premium—that was the first I heard of their being discounted at all—on Monday the 27th of July, I went again to Broad-street-buildings, and saw both the praties there—Benjamin said he had not seen the attorney, but if I would walk with him, he would go with me, as it would be part of my way towards the West—I have no doubt the prisoner heard that—he was close to Benjamin—I was to walk with him to St. Clement's-church-yard—I do not recollect that the prisoner made any observation—the policy was then lying on the table, with the bills—the prisoner was sitting at the table with the policy and bills on it, and Benjamin said he would take the policy with him.
Prisoner. I was on the sofa, and never troubled myself about the business at all. Witness. He sat on a chair at the table, and was attending to the business—Benjamin took up the policy, and went with me as far as St. Clement's-church-yard—when we got there, Benjamin requested me to wait at a coffee-house, while he went to the attorney—I did so—he returned, and said it would be necessary to have an assignment; and he would get the attorney to do it, and settle the business the following day—we parted—I went again the following day, and saw both the parties together at Broad-street—buildings—the prisoner was sitting at the table in the room, and the bills were in a large bill—case on the table—Benjamin took them out of the case, to show me that they were all right; and the policy was there too—he said the attorney had gone to Margate; and the assignment was delayed in consequence; and it was not made out—I had consented for a draft of it to be drawn, to be submitted to Mr. Stephens, or his attorney—it was to be assigned as a collateral security for the payment of the money—it was never mentioned that the policy was to be sold or parted with—I went again on Thursday, the 30th of July—the prisoner and Benjamin were both there then—Benjamin said that the money was quite ready; but it was necessary before I could receive it, to get a receipt signed in blank, by Mr. Stephens—as I was not the party, they would not pay it to me—he said, "We cannot pay, &c."—I offered, if the money was ready, to sign the receipt for Mr. Stephens; but he said it must be a blank receipt, with his signature, as Mr. Lewis, a stock-broker, who was to advance the money, was a particular man, and would have the receipt filled up in his own manner—no suggestion was made that the receipt should be used to make a sale of the policy and release the office from it—all this was said in the prisoner's presence—he was at the table, and the policy and bills before him, in view—I got this half-crown receipt-stamp signed in blank by Mr. Stephens—I took it in that state to Broad-street—I only saw Benjamin there when I went back—it was the same day—I delivered the receipt to Benjamin; and went with him to Lloyd's Coffee-house, to receive the money of Mr. Lewis, who Benjamin said was there—when we got there, Benjamin parted from me a few minutes; and
when he returned, he said Lewis was gone, and would meet me next day—I asked him for the receipt-stamp, and he gave it me back—I went next day (Friday, the 31st) to the office in Broad-street, and saw both of them—I delivered the receipt-stamp to Benjamin, in the prisoner's presence—he saw me deliver it to him—I asked Benjamin for a memorandum, and he gave me this—(reads) "Mr. Chubb has given me a receipt, which I will give him back, or the money; B. L."—he requested me to wait in the office until he came back, when he would give me the 150l—the prisoner was there all the time—Benjamin was gone more than an hour or an hour and a half—I and the prisoner were talkin