CENTRAL CRIMINAL COURT.
TWELFTH SESSION, HELD OCTOBER 26, 1835.
MINUTES OF EVIDENCE,
Taken in Short-hand,
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
W. TYLER, PRINTER, BOLT COURT, FLEET STREET.
On the King's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Before the Right Honourable HENRY WINCHESTER, LORD MAYOR of the City of London: Sir Stephen Gaselee, Knt., one of the Barons of His Majesty's Court of Exchequer; Sir John Vaughan, Knt., one of the Justices of His Majesty's Court of Common Pleas; Sir John Patteson, Knt., one of the Justices of His Majesty's Court of King's Bench; Sir Claudius Stephen Hunter, Knt.; George Scholey, Esq.; John Atkins, Esq,; Anthony Brown, Esq,; Sir Peter Laurie, Knt.; and Charles Farebrother, Esq,; Aldermen of the said City of London; the Honourable Charles Ewan Law, Recorder of the said City; Thomas Kelly, Esq.; John Cowan, Esq,; Samuel Wilson, Esq.; James Harmer, Esq.; Thomas Johnson, Esq.; John Pirie, 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.
CENTRAL CRIMINAL COURT.
WINCHETER, MAYOR,—TWELFTH SESSION.
A star (*) denotes that the prisoner has been previously in custody—An obelisk (†), that the prisoner is known to be the associate of bad characters.
Fourth Jury, before Mr. Justice Gaselee.
2119. JAMES CARTER was indicted for burglariously breaking and entering the dwelling-house of Robert Hum, about the hour of three in the night of the 7th of October, at St. Catherine Coleman, in London, with intent to steal, and stealing therein 1 snuff-box, value 1l.; 1 pair of nut-crackers, value 2s.; 1 key, value 2d.; 4 decanters, value 30s.; 1 cruet-stand, value 4l.; 5 glass cruets, value 5s.; 2 cruet tops, value 2s.; 1 milk-pot, value 30s.; 8 spoons, value 1l.; 1 salt-holder, value 2s.; 1 tea-caddy, value 6s.; 1 set of bed furniture, value 6l.; 2 decanter-stands, value 1s.; 1 basket, value 1s.; and 1 bag, value 1s.; the goods of the said Robert Hum; and 1 shawl, value 1l.; and 1 handkerchief, value 1s. 6d.; the goods of Henry Harvey.
ROBERT HUM . I am a cork-cutter, and live in Fenchurch-street, in the perish of St. Catherine Coleman. On the morning of the 8th of October, about a quarter before six o'clock, I went down-stairs to open the door to Bull, who came to work—when I came down-stairs to open the door I saw a man in the cork shavings, under the bench of the workshop—he appeared to be asleep—it was the prisoner—before I awoke him the constable came in—I had sent for him—we awoke the prisoner—one of the officers was at the door at the time Bull rang to be let in, and Bull and the officer shook the prisoner, and took him to the watch-house—he appeared to be asleep all the way almost—we looked about, and found a great many things missing, particularly from the dining-room—my family consists of myself and my housekeeper, and I had a friend at my house—the housekeeper went to bed last the night before—I had not been awake long before I came down—it was not very dark when I got up—it was a little after six o'clock—I saw Bull when he came in—it was light enough to see his features—I was the first person up in the morning—I did not know any thing was stolen at that time, but they sent for me to come to the watch-house, to see the prisoner—the officer searched his pockets, and found a silver snuff-box and some other little trifles.
Cross-examined by MR. DOANE. Q. Nobody was present when you first saw the man? A. When I opened the door I saw him on the shavings—I let the workman in—he was not with me when I found the the prisoner—he came in directly I found the prisoner there.
a quarter before six o'clock—master had got down-stairs before me—I heard the workman ring the bell—I did not see master open the door—I did not see the prisoner before he was taken away—as soon as he was taken out of the house, I looked about and found two squares of glass broken, and an entrance made at the back—one square was broken in the counting-house window, and the other in the counting-house door—they were not taken out, but broken quite sufficiently to put a hand through—the counting-house window is in the yard—the counting-house door opens into the shop-there is a fastening to the counting-house window, which they could undo, by putting a hand through the broken window, and open the sash, and then get into the counting-house—I know that window was fastened the night before—I examined the house, and missed twenty-two pieces of bed furniture out off the dining-room, a silk shawl, a silk pocket-handkerchief, and other property, which the officer has—the value of all the property, I suppose, is between 14l. and 15l.—it was not removed from the house—there was a silver cruet-stand and other things—a bag, containing some of the property, was found in the shop—the bed furniture was in that bag—the bag belongs to the prosecutor—it was very near the street door.
JURY. Q. Did you lose any spirits? A. There might have been half a pint of gin in the bottle in the parlour, and that was gone—I know I had left some in the bottle the night before, and it was gone in the morning—I had seen the furtniture at about ten o'clock the evening before—I was at work on it in the dining-room.
Cross-examined. Q. If I understand you right, the whole of the property was in the dining-room? A. Yes, except the tea-caddy which was found in the passage outside the dining-room—I was the last person that went to bed—I noticed that the window was quite safe—there is a back door near the window, which bolts—I looked about the premises, and every part of the shop, and every room up stairs—every thing was safe at a quarter before one o'clock in the morning—I found the window broken in the morning—the squares were not taken out, but broken—one square in the window and the other in the door—I heard no noise in the night—it was likely to make a noise—there was nothing to prevent a person going out—I saw the prisoner at the Mansion House, about four hours after, but I knew him well by sight, by his looking in at the shop window frequently before—he appeared awake at the Mansion House, but I believe he appeared half asleep and half awake—he did not seem to understand any thing at all about it to me—he did not appear surprised—he did not appear to have comprehension enough to understand any thing—he said he did not know how he got into the premises.
JOHN BULL . I work for the prosecutor. On the 8th of October I went to the house and rang the bell at a quarter before six o'clock—Mr. Hum let me in—it was neither day-light nor candle—light, but between both—we could not seeabout the shop without a candle—not with the door shut—when the door was open, it was light enough to see the features of a person standing in the passage—I went into the yard, got a light, and brought it into the front workshop, the street door being then shut—I wanted an old pair of shoes from the front workshop, and in reaching them I found the prisoner under the work-board, huddled up—I drew back, opened the street door, and said tp Mr. Hum, "Sir, there is a man lying under that board, do you know any thing about it?" Mr. Hum took the candle and saw him himself—I stopped at the street door to look for an officer, and
saw Briggs, the watchman, walking towards our house—I made a signal to him, and he immediately came into the shop, and in my presence took the prisoner out—I delivered him to him—after he was taken away, I went back into the yard—I found the yard door shut, but not bolted—when I got into the yard, I found a few particles of glass under the counting-house window—they appeared not broken by accident, as the nearest corner to a brass fastening within, was cut out—any body could get into the house by these means—in coming round again into the passage, I found a corner of a square of glass cut out nearest to the lock of that counting-house door—a hand could be put through there to open it, as the key was in the lock—the prisoner is the man who was under the bench—I did not know him before, but I believe I have seen the same man looking at the window, as I thought, like other persons, looking at the men at work—when I found him, he had the appearance of a man being fast asleep from liquor, or something—as soon as he found an officer was coming, he began to tumble himself out of his place, and got up.
Cross-examined. Q. In your judgement, there was sufficient done to make two entrances? A. No, I did not say so—the counting-house could be entered by the first glass, and then by opening the counting-house door, he could get out of the counting-house into the shop—the street door was not open while I went to get a light—as soon as I entered the place, I closed the street door—I first saw the prisoner, and I was with my master when he first saw him—he asked the prisoner where he came from—he shivered as if he was very cold, and said, "I don't know."
JAMES BRIGGS . I am a watchman of Aldgate Ward. Bull called me into the house—the prisoner was then getting over a bench in the shop—I laid hold of him by the collar—I asked Mr. Hum if he knew any thing of the man—he said "No"—I turned round to the prisoner, and asked how he came there—he said he did not know—I said, "How long have you been here?"—he said, "Not above five minutes"—I said, "Which way did you come in?"—he said, "At the front door"—I said, "Who let you in?"—he turned round and said, the witness, Bull; I had seen Bull ringing at the bell just before, and knew that could not be the case—I said, "You must go with me and answer for your conduct at the watch-house"—I gave him to Arthur, the officer, who searched him, and found a silver snuff-box, and a pair of steel nut-crackers—I was not present then.
Cross-examined. Q. I suppose when he said Bull let him in, Bull was present? A. Yes; he pointed to him.
WILLIAM ARTHUR . I am an officer, Briggs brought the prisoner to the watch-house—I searched him, and found on him one silver shuff-box, with the prosecutor's initials on it, two keys belonging to Mr. Hum, a pair of nut-crackers, a silk handkerchief, four duplicates, and a small knife—I found them all in his left-hand breeches pocket—I and Plaistow went back afterwards to the house—the prosecutor searched his house, and missed a great many things—we went down and searched, and Plaistow found the bag of things on the left-hand side of the shop—I found a knife which has putty on it, as if it had been used to break the window.
Cross-examined. Q. Did he not appear astonished as to how the things could have got in his pocket? A. He was confused—I said I would search him and found the property on him—he said he could not tell how they came there—I cannot say that he was drunk.
and found the counting-house window broken, and a pane of glass in the counting-house door, leading to the shop—the key was in the front street door—it did not apprar that any body bad got in in front—I passed the house at a quarter before six o'clock, every thing was seeure then in froot, and I saw Bull ringing at the bell—I found a bag in the shop, with the bed-furniture and things it—I have had it ever since—here are four cut-glass decanters, two stoppers, a silver cruet-stand, five cruets, with two silver tops, a silver milk-pot, glass salt-cellar, five silver tea-spoons, two salt, and one caddy spoon, a tea-caddy, sugar-glass, a shawl, and other things—I should think them worth 16l.
MARY LAWRENCE re-examined. I know this cruet-stand, the decanten, tea-caddy, and other thing—the silver snuff-box was in the dining-room the night before—this appears to be the key of the counting-house—door, which has been missing ever since.
Prison's Defence. I was drinking in the afternoon at the Blind Beggar, at Bethnal-green, and got a little intoxicated towards evening, and was with another man, who said he would let me into this place; and I belive about five o'clock in the morning I was let in, to the best of my recollection—I was certainly intoxicated, and could not break in—I was let in by somebody; who, I cannot tell: I do not know the man.
GUILTY . Aged 44,— DEATH .
Third jury, before Mr. Juatice Vaughan.
2120. JOHN WALE was indicted for that he, on the 12th of October, at Paddington, in and upon Thomas Hughes, unlawfully, maliciously, and feloniously did make an assult, and a certain pistol loaded with gun-powder and leaden shot, unlawfully, maliciously, and feloniously did attempt to discharge at him, by drawing the trigger of the said pistol, with intent feloniously, wilfully, and of his malice aforethought, to kill and murder him.—2nd COUNT, stating his intent to be to maim and disable. 3rd COUNT, to do some grievous bodily harm.
THOMAS HUGHES . I am clerk to Messrs. Robins and Co., No.5 Wharf, Paddington. I have known the prisoner twenty years—he has been in my master's employ about fifteen years, and was discharged about two months ago drunkenness and bad conduct—he had been about our premises about ten days after he was discharged—I do not know what day this happened—he came into the adjoining wharf, where Mr. Meredith's stable is—I was in the stable, with Mr. Meredith at the time—the prisoner came against the stable door and said, "Mr. Hughes, you have done me an injury"—I said to him, "Wale, if there is any injury done, you have done it yourself, from your bad conduct and drunkenness"—I had scarcely uttered the words before he drew a pistol from under his cost and presented it at my head—he pulled the trigger, and part of the powder in the pan flashed and went off—I distinctly saw him pull the trigger; it only flashed in the pan—Mr. Meredith, who was in the stable, and myself, flew upon him, and wrested the pistol from his grasp—he then said he intended to shoot me; he would rather be hung than starve—a policeman was sent for, and he was given in charge—he had been discharged in consequence of my representations to his employers—for the last four years he has been cautioned—Robins and Co. are wharfingers and carriers—the pistol was examined before the Megistrate, but I was not present.
Cross-examined by MR. CLARKSON. Q. I suppose you had been as long in Messrs. Robins' service as the prisoner? A. I had not—I have been there five years and a half—the complaints against the prisoner commenced about four years ago, and continued up to the time he was discharged.
COURT. Q. Did you continue to complain of him all that while? A. Occasionally.
MR. CLARKSON. Q. You had seen him about the premises for ten days before? A. Yes; and conversed with him almost every day—I never saw him tipsy at those times—I was in the office from morning till night for the ten days—he had the same opportunity of doing the mischief then—he was the captain of one of the trading vessels in our employ—he would not be likely to starve if out of employ, there are so many trading vessels passing from Manchester—there is scarcely a week but some carrier is obliged to discharge a man—I should say the prisoner was not sober on the day in question—he was not sober, certainly—I do not mean to say he was drunk—he had evidently been drinking, but I should not consider him absolutely drunk.
Q. Had any other conversation preceded this act besides his saying you had injured him, as you have stated? A. Not a word was said besides—I never had an angry word with the man in my life, further than reprimanding him for his gross conduct and negligence—I was very much alarmed, but I am satisfied it was a portion of the powder that exploded—the conversation I had with him eight or ten days before, was little more than lamenting he had lost his situation—he made no charge against me—he always expressed to others that I was the best friend he had, and I endeavoured to be so, consistently with the duty I owed to my employers.
COURT. Q. How near was he standing to you when the pistol was discharged? A. About five yards.
MR. CLARKSON. Q. Do not you think it might be a greater distance? A. No, it was not; I have not measured the distance.
COURT. Q. I think you said he was against the stable door, and you were in the stable? A. Yes—I am sure it was not more than five yards.
MR. CLARKSON. Q. Were any contents of the pistol produced to you? A. I did not see the charge till after it was drawn—did not see it drawn—the pistol was made for a ball and not shot—it was not loaded with ball, as far as I know—I never saw the pistol after he was given in charge—the policeman took the pistol also, and has had it ever since—I attended at the Magistrate at the seven o'clock sitting—I do not recollect more than one witess being examined then—the prisoner was examined and committed at the seven o'clock sitting—it happened at ten o'clock in the morning—the seven o'clock examination was the only one that took place.
COURT. Q. Before he fired the pistol, he said he intended to shoot you? A. No; after he was given in custody, when the policeman had got him in charge, he said, "I meant to shoot him; I would sooner he hanged than starve"—he was sufficiently collected to know what he was about.
THOMAS MEREDITH . The prosecutor was at my stable on the day in question, about ten o'clock in the morning—I was standing very near the stable door, just inside the stable—the prisoner came into the stable, and placed himself or stood very near to me, by my side—Mr. Hughes was in the stable, conversing with my brother, at a few yards' distance—the prisoner said. "Mr. Hughes, you have done me an injury"—Mr. Hughes replied, that he had not done him an injury, and what injury had been done, he had brought on himself by his own misconduct—Hughes had scarcely
uttered the words, before the prisoner drew his right hand from under his jacket, and presented the pistol at Mr. Hughes's head—I should think he was standing within five yards of Mr. Hughes—I observed he pulled the trigger, and the pistol flashed in the pan—Hughes immediately went up and seized him to the prisoner and collared him—I immediately went up and seized him by the hand or arm, and wrested the pistol form his hand—I said, "You assassin, how dare you come here to shoot an innocent man? deliver up that pistol to me immediately"—I took the pistol from his hand, and said to him, "Are you aware of what you are doing? you have done enoght to hang you"—he very coolly replied, "I am born to be hung, and I do not care if I am hung for this"—I should say he was not sober at the time, but sufficiently collected to know what he was doing—perfectly so—he said he came on purpose to shoot Mr. Hughes.
Cross-examined. Q. Are you aware that a man in a great state of excitement, very often affects to be cool? A. It probably may be the case—I cannot say—I do not think he laboured under any excitement, but under the effect of liquor—I do not remember saying he was in a violent state of excitement—I should say he was probably in a state of excitement from the effect of liquor—I think I could undertake to say postitively that I did not say he was in a state of excitement, only from the effect of liquor—I never did say that he was in a very violent state of excitement—he appeared to me to have been drinking—I had not seen him during the ten days after he had been discharged—I am certain I saw the ignition of gunpowder—I did not attend at the station-house, but I heard Mr. Rawlinson, the Magistrate, ask why he was not brought to the office in the morning—the inspector said he was too much excited by liquor, which was the reason he did not bring him till evening.
FRANCIS PARTRIDGE . I am a policeman. I was called in, at ten o'clock on the 12th of October, to the stable-yard, and the prisoner was pointed out as being the man who had attempted to shoot Mr. Hughes—I took him into custody, and the pistol was handed over to me by Mr. Meredith—I have it here—I examined it, and found some shot and powder in it—I drew the charge—the pistol has a swivel ramrod—I found powder and shot in the pistol, which I produce—it is common small shot, usually used for pigeon-shooting—there were two pieces of paper instead of wadding.
Cross-examined. Q. Have you been in the army? A. No; I have been accustomed to fire-arms—it is sparrow-shot.
COURT. Q. Did you examine his packets? A. Yes; and found a quantity of shot and powder, and two flints in his pockets.
MR. CLARKSON. Q. Have you been in the habit of shooting with pistols? A. Yes; I never use sparrow-shot—it is not usual to use them in such a pistol.
Q. Particularly when you wish to produce death? A. Certainly not—the shot is certainly not like the proper charge of this pistol—there is a very small proportion of powder—I found on the prisoner's person the means of producing a better charge both in powder and shot—I should not think it would produce death at fifteen paces of five yards distance, according to my judgment.
COURT. Q. Do you think it would produce grievous bodily harm? A. Certainly.
MR. CLARKSON. Q. Do you believe it probable that shot so small, and discharged at such a distance, would be likely to perforate a man's coat and
waistcoat? A. Yes—I should suppose the pistol would carry small shot ten or fifteen yards, if properly loaded—I suppose, loaded as it was, if fired in the air, it would carry eight or nine yards.
COURT. Q. Do you mean it would not carry more than nine yards, or do you mean only to do a mischief? A. I mean to enter the clothing.
MR. CLARKSON. Q. This pistol is calculated for ball only? A. Certainly; it is not a rifle barrel—it is calculated for ball—it is a travelling pistol, and not a screw barrel—I should suppose that it would carry fifteen paces, and penetrate the clothing, loaded as it was.
COURT. Q. What do you mean by fifteen paces? do you mean feet or yards? A. By paces I understand yards—fifteen yards.
MR. CLARKSON. Q. Have you tried this pistol with small shot? A. I have not—in my judgment it would penetrate the elothing of a man at the distance of fifteen paces, loaded as this was—the prisoner was in a very excited state when I took, him into custody—it appeared that he had been drinking—that was clear in looking at him—he seemed both excited in mind and by drink—he was put on one side till the evening, because he was not in a fit state to answer questions, rationally, or give any account.
COURT. Q. Was he not, in your judgment, in a state to answer questions? A. No; he appeared under the influence of liquor, and his mind was also excited from the injuries he supposed he had received from Mr. Hughes.
MR. CLARKSON. Q. The Inspector saw him, I believe, and was of the same opinion? A. Yes; I understand the prisoner is married, and has nine children, but whether it is true or not I do not know—that is the report—I was present when he made a statement before the Magistrate.
Prisoner's Defence. I was so in liquor I could not tell what I was doing.
(Rowland Wilder, a butcher, of Edgeware-road, gave the prisoner a good character for humanity and mildness of disposition.)
GUILTY,— DEATH . Aged 54, On the third Count.
Recommended to mercy by the Jury and Prosecutor, on account of his long service to his employer.
Before Mr. Justice Gaselee.
2121. WILLIAM MELVERTON was indicted for burglarioualy breaking and entering the dwelling-house of John Sumpter, about the hour of one in the night of the 18th of October, at St. Andrew, Holborn, Middlesex, with intent to steal, and stealing therein 1 pair of boots, value 10s.; 2 caps, value 3s. 1 handkerchief, value 6d.; 1 towel, value 3d.; and 1 pair of scissors, value 3d.; the goods of the said John Sumpter: and 1 printed book, value 2s.; 1 pair of half-boots, value 2s.; 1 basket, value 6d.; and 1 waistcoat, value 6d.; the goods of Charles Smith: and 1 razor, value 5d.; and 1 razor-sheath, value 1d.; the goods of Thomas Porter.
JOHN SUMPTER . I am a baker, and live in Gray's-inn-lane, in the parish of St. Andrew, Holborn. On the night of the 18th of October I went to bed about half-past nine o'clock—I was the last person up in the house—I fastened all the doors and windows—my wife awoke me about half-past one o'clock, and I got up in about a quarter of an hour afterwards, as I could not find the matches before—I went down stairs—I opened the door, looked in the court, and could see nobody—I went into the parlour and found
the house broken open—somebody had got over a high wall into the yard, and taken a square of glass out of the parlour window—it was broken, and all the square taken out—there was then plenty of room for any body to get in—I missed a pair of top-boots, two caps, two pairs of shoes, a waistcoat, and a basket—I told the policeman of it—the prisoner was brought to me by; Goff, a policeman—I asked the prisoner how he got in—I neither threatened him nor made him any promise—he told me he took the square out, and got in, and took the things—the property was produced by the policeman.
CHARLES BURGESS GOFF . I am a policeman. On the morning of the 19th of October I saw the prisoner in the Blackfriars'-road with a basket said some things belonging to his mate, and he brought them from Guay'-inn-lane—I asked where he was going to take them—he said to the Custom-house—that his mate was a seaman on board the Columbine steam-vessel, and that he belonged to the same vessel—I took him to the station-house, and went with him to Gray'n-inn-lane, and there heard of this robbery—I took him to the prosecutor's, and as the prosecutor returned with us to the station-house, I heard the prisoner tell him that there was part of the pane of glass out before, and he took out the remainder—I produce the articles—the Magistrate ordered me to give up two pair of shoes—I have the boots and other things.
JOHN SUMPTER re-examined. These are my boots, and were taken out of my house that night—I had them on that day—these caps are mine—this pair of scissors and this book belong to my sister, whose husband's name is Charles Smith—they were in my house—this razor belongs to Thomas Porter, who lodged in my house—they were all in the room.
GUILTY— DEATH . Aged 20.
LONDON AND MIDDLESEX LARCENIES, &c.
OLD COURT, Monday, October 26.
First Jury, before Mr. Recorder.
2122. SARAH HAYNES was indicted for stealing, on the 5th of October, 1 bolster, value 1s.; 1 bed-tick, value 9d.; 1 brush, value 6d.; and 1 pinafore, value 3d.; the goods of George Patrick; and that she had been before convicted of felony, to which she pleaded
GUILTY — Confined Three Months.
WILLIAM ENGLISH . I am a cow-keeper, and live in High-street, Stoke Newington. On Tuesday, the 22nd of September, I missed a cow from I field there—I had seen it safe on the Monday—I milked it at half-past one o'clock—I saw it again in the presence of Arnold, the constable, on Saturday, the 26th of September—it was worth about 12l. at that time.
Cross-examined by MR. MAHON. A. What sort of a field was it in? A. It is just by the reservoir, close to the road on one side, but the gate was locked—it has a wooden fence about three feet high—it is a very public road—it
was a red cow marked with white in some places, a little white in its face and up its flank—I had had it six or seven weeks, or more—I had one more cow at that time—I always milked it myself—I saw it at Queen-square in a shed—that was the first time I saw it again after losing it—I said it was mine the moment I saw it—I never expressed the least doubt about it—I never saw the prisoner before—there have been cows taken from my neighbourhood before.
COURT. Q. At what time did you miss your cow? A. About five o'clock on Tuesday morning, the 22nd—I had not the least doubt of its being mine—I milked it at half-past one o'clock the day before.
JOHN BLAKERBY (police-constable N 204.) On Tuesday, the 22nd of September, I was on duty at Stoke Newington, about a mile and a half from the prosecutor's field, and saw the prisoner close by the Manor-house, in the New-road, with the cow—I stopped him—he had an umbrella in his hand, and was driving the cow along in the road—he said he had got very wet the day before—I asked him where he brought the cow from—he said from Woburn, and was going to take it to a butcher in Regent-street—he mentioned a name, which I forget—I allowed him to go on—I have since seen the same cow at Lambeth, close by Queen-square, in possession of the man at the shed—it was the cow I saw him with—Arnold was with it.
Cross-examined. Q. What time on Tuesday did you see him? A. At half past one o'clock in the morning—after midnight—it was rather dark—the stars shone—there was no moon—he was on the road-side—I did not know him before—the umbrella was not open—I walked with him some distance, and was with him for ten minutes or a quarter of an hour—I examined the cow minutely—I was satisfied with the prisoner's answers, and let him go—I knew the cow again by the white marks on the chest and side—I should have known it among a dozen others—it was a light red—I understand the prisoner was discharged from Queen-square once.
ABSALOM ARNOLD (police-constable L 8.) I went to the Bull-in-the—pound-yard Broadwall, on Wednesday, the 23rd of September, and saw a cow there—the prisoner was offering it for sale to a man for 14l.—I asked him if it was his cow—he said it was—I asked where he got it from—he told me he should not tell me without he was forced—I took him to the station-house, and from there, before the Magistrate, at Queen-square—the cow remained at the Bull, at Broadwall—he told the Inspector at the station-house, that he bought it of a person named John Thompson, down at Buckingham—he was discharged before the Magistrate—I afterwards met him in Broadwall, and told him I must trouble him to walk with me to the station-house, an I had a party who had identified the cow—I have since shown the cow to Blackerby and English, at the Bull shed—I took Inglis from Queen-square to the shed, which is about three quarters of a mile from the office.
Cross-examined. Q. You apprehended him on Wednesday, at Broadwall? A. Yes, where the cow was, and on Saturday I arrested him at the same place—I found the cow still there—he had time to abscond, and remove the cow—I accompanied Inglis to look at the cow—he expressed no doubt of it whatever—his two sons saw it before him, and both identified it as well—the Magistrate discharged the prisoner the first time, as he did not think there was sufficient evidence to detain him or the cow—he expressed no reluctance to go with me when I met him next day—I
told him I had found an owner for the cow, and he said, "Oh, very well, that is all right, let me go and feed the cow, and I will go with you."
COURT. Q. Were there any more cows in the pound yard? A. No—it is the sign of the Bull-in-the-pound—it was in the yard of that house.
GUILTY . Aged 40— Transported for Life.
GUILTY . Aged 15.— Confined Two Months.
THOMAS GREEN . I live at Tottenham, and have an office in Furnival's-inn. On the 6th of October, about one o'clock in the day, I was in Shoe-lane, and went to call on friend—a person came in, in two minutes, and asked if I had lost my handkerchief—I put my hand into my pockets, and missed it—it was produced to me in about two minutes—I had felt it safe about ten minutes before.
WILLIAM DEVEY . I am a brass-founder, and live in Shoe-lane. On the 6th of October I was standing at my door, a person was running after the prisoner, and said "Stop him, he has got a handkerchief"—I stopped him—his hat fell off, and the handkerchief—he said it was not—Mr. Green came and identified it.
Prisoner. There were a great many persons about at the time—the streets were all up, and nobody could pass—the handkerchief was not in my hat. Witness. I saw it there.
JOHN HUCKEL . I am a constable. I saw Mr. Devey stop the prisoner—he struggled greatly, and his hat fell off with the handkerchief in it—I took possession of it—several labourers about the place seemed inclined to rescue him.
(Propertly produced and sworn to.)
GUILTY .† Aged 15.— Transported for Seven Years.
2126. HARRIET SIMPKINS was indicted for stealing, on the 6th of October, 2 sheets, value 10s.; 1 handkerchief, value 3s.; 1 shawl, value 3s.; 1 ring, value 4s.; and 1 pair of stockings, value 1s.; the goods of Joshua Nettleton, her master.
SARAH NETTLETON . I am the wife of Joshua Nettleton, and live in Sloane-square. The prisoner was my servant for seven months—in consequence of suspicions my husband got a search-warrant, and I accompanied the officer to examine some of the prisoner's boxes—they were locked—she had the keys in her pocket—she produced them—we found a pair of sheets, a pair of stockings, a crape shawl, and other things, which belonged to me—the sheets were taken out of my drawers, and are marked with the name of a society to which they belong—the shawl and stockings belong to my daughter—the ring is mine.
Cross-examined by MR. PHILLIPS. Q. Did you get a character with her? A. Yes—there was property of considerable value in the house—she might have taken more.
WILLIAM WOODBERY . I am an officer of Queen-square. I searched the boxes, and Mrs. Nettleton pointed out the things—the prisoner produced the keys—I asked her for the keys—they were locked—all those articles were found in them—the prisoner said she was very sorry, she went on her knees, and begged for pardon.
(Ann and Sarah Pressland, of Soley-terrace, Pentonville, gave the prisoner a good character.)
GUILTY. Aged 23.—Recommended to mercy. — Confined One Month.
JOHN LITTLE . On the 8th of October, the prisoner brought in some work to my master's shop, in Ludgate-street—it was my business to look out materials for people to make shoes with—I turned from him for that purpose, and was absent two or three minutes—on my return, I observed something in his bag—I gave him the stuff, which he put into his bag—I then turned it all out, and found these two pairs of shoes—he had given me the contents of his bag—it consisted of a pair of boots, new bottomed—these shoes were on the right-hand side of the shop, near the window, four or five yards from the shop door—I had seen them three or four minutes before he came, on the shelf, near the window—he cried, and said, "For God's sake, John, do not tell the master"—he went away unperceived by me, while I went to ring the bell the second time—he was taken the same day—these shoes belong to my master, and were missing from the shelf, near the window.
Prisoner. I object to that witness's evidence, but I am not capable of doing it—he says I went out unperceived by him—I did not—l walked past him while he was ringing the bell—I could not go out without his seeing me—we have to pass a doorway which is inside—I left my bag in the shop while I took a walk, and returned in a quarter of an hour, as my master was at dinner. Witness. No, he did not.
COURT. Q. Are you quite sure you put nothing into his bag? A. Yes; there were two young men in the shop—they did not see him put them in the bag, but they saw them turned out.
Prisoner. I left my bag on the bench, which is used as a cleaning-off bench—I came back to the shop—he brought the work, and said "Hold your bag," which I did, and he threw the work into it—he said, "Have you got all your work?"—I said, "No, I want a pair of soles"—he said, "Let me see;" and I turned out the bag—he did not turn it out—he says I cried, and said, "Do not tell my master"—I did not do any such thing—I stood in the shop while he rang the bell—he only rang it once.
JURY to JOHN LITTLE. Q. Who turned the goods out? A. I did—he wished them to be taken out one piece at a time—I said, "No; let us empty it all out, for I do not know what I have given you"—I told him to make a good strong bottom with the soles that I had given him, though I had given him no soles; but I said that as an excuse to turn out the
bag—he rather prevented me from putting my hand in, which I was going to do. Prisoner. I asked you, if I should go to the binders to get the legs; and I must have left the bag in the shop to do that. Witness. No, you did not.
PETER GOLDING re-examined. The prisoner has worked for me two or three years—I never beard any thing against him before—I know of no quarrel between the prisoner and Little—I had told Little to be very partitular, as he was charged with the work—my stock is large; I did not miss any thing.
Prisoner. I have a wife and two children dependent on me.
GUILTY. Aged 23.—Recommended to mercy by the Jury and Prosecutor. — Confined for One Month.
ALFRED BLUNDELL . (police-constable S 24.) On the evening of the 5th of October—I was in Praed-street, Paddington, and saw the two prisoners in company with two more—they went down Praed-street, into a second-hand clothes shop—as they were going in Warley said to Williams, "Crush, you b—y fool, there is a Peeler "—I turned myself round—the other one said, "No, there is not; come on"—I had plain clothes on—they went into the shop; I followed them directly, and saw Williams with the two shoes in his hand—they belonged to Mr. Reed—I took them, and said, "Where did you get them?"—he said, "I had them given to me this morning, at a gentleman's house"—he said that in Warley's hearing—I asked him what gentleman's house it was—he made no answer—on the way to the station-house Warley said, that two country sweeps met him in Edgware-road and gave them to him to sell for them—Mr. Reed afterwards claimed the shoes.
Warley. I never said, "Crush, there is a Peeler "—we were in Chapel-street, near Edgeware-road; two country sweeps came up, and asked us to go and sell them—they took them off their feet—they said they would give us 2d.—we did not know they were stolen—we went into the shop and the man came in directly—he said that he saw us with two others. Witness. They were two sweeps, and one was Warley's brother—they are all sweeps—there were only four in all; the other two saw us—they went round and met us, and said, "Halloo, Bill, what is the matter?"—he said, "I am going to the station-house about a pair of shoes; I know nothing about them."
JOHN REED . I am a shoemaker, and live in Bell-street, Marylebone. I missed these shoes on Tuesday morning, the 6th of October—they were for sale—they are second-hand—they were dirty when the policeman shewed them to me, as if they had been in the mud—they had not been worn—they were inside my shop on a board, and could be seen form the outside.
RACHEL REED . I am the prosecutor's wife. On the 5th of October, four sweeps came to our shop—one of them came in and detained me looking at some shoes—Williams came in while the other was looking at the shoes—he said, "What is the use of your standing there; you have not got the money to buy them; come on"—they then went out, and
next morning my husband missed this pair of shoes—I cannot recollect the other sweeps besides Williams.
Williams. I never came into the shop at all. Witness. Yes, he did, and said, "Do not stop there"—it was about seven o'clock.
Williams. I had bought shoes there before, but they did not suit me—I met the two country sweeps, who asked me to sell them for 1s. 6d.
WILLIAMS— GUILTY .—Aged 16.
WARLEY— GUILTY .—Aged 16.
Confined Ten Days, and Whipped.
2129. JOHN BUDGELL and MARY BUDGELL were indicted for stealing, on the 5th of October, 1 watch, value 3l.; 1 watch-ribbon, value 1d.; 1 watch-key, value 1d.; and 1 piece of silver coin, value 1d.; the goods of Robert Carrington, form his person.
ROBERT CARRINGTON . I am a private in the Scotch Fusileer guards. On Monday afternoon, the 5th of October, I was opposite the New Post-office, at about a quarter before five o'clock—the male prisoner came up to me, and said something about the Queen of Spain's service—we had a few words together—I cannot say what—his wife came up, and said, "Never mind, come on, let us go and have a pot of beer together"—we went into the King William, in Noble-street—the man was in a black frock coat, all in rags—he called for a pint of four-penny ale—he drank a glass, and gave me a glass—I took it out of his hand, but I felt quite sick, and did not drink it—I sat down on the seat, and felt quite sick—I then came on my side, and then on my back—I was not intoxicated, but I had had no dinner—I laid down, and this handkerchief was in my cap—the woman took it and placed it over my face, and I being a married man, thought it was my own wife, as I was laid down, and got stupified with laying—she unbuttoned my waistcoat partly up, so with that I went off into a sleep—when I awoke, I missed my watch, and have never seen it since—I had it when I went into the public-house—I felt it in my fob, and the ribbon was outside—the guard was round my neck, which was cut: this is it—this part was down to the watch, and it was cut by a shoemaker's knife—there was a ribbon and key attached to my watch, and a silver penny of George III.
John Budgell. I never saw him—I have sent for a gentleman who can prove we were in his house at the time of the robbery.
JANE ANDERSON . I keep the King William in Noble-street. I recollect the soldier coming to my house—I thing it was this day three weeks—the male prisoner came in with him alone, and called for a pint of ale—the woman came in shortly after—the male prisoner told her to pay for the ale, and she paid for it—the soldier become very sick—he had been drinking, but did not appear to be tipsy—he was taken suddenly, as if he had taken some medicinal draught—the woman had a blue pocket-handkerchief in her hand, and it was placed over the prosecutor's face—he was then lying on the seat—the soldier's coat was buttoned when he came in, and when I went up to the bar, after they had left him, it was unbuttoned about four buttons, as far as the belt—he was asleep—the woman left first, and the man said, he would go and get a cab to take him home—his jacket was not unbuttoned to assist him when he was sick—I fetched a shovel full of sawdust down, and the male prisoner took it on me—I sent the girl for a broom, and he took that of her and pushed her away.
female prisoner came and borrowed a kinife of me, and offered me 6d. for the loan of it, to cut something in the heel of her husband's shoe that hurt him—she returned it in about five or ten minutes—when she returned it, it was quite turned in the edge—it was very sharp when I gave it her—she offered me 6d. for the use of it, but I did not take any thing.
Mary Budgell. What he says is very false—I never saw him. Witness. I am clear she is the woman.
LUCY M'DONALD . I am servant at the King William. I recollect the day the soldier was there—I saw the women there I am certain, but I connot speak so positively to the man—the soldier was not in liquor—he was sick, and my mistress sent me for a broom to sweep it up—I went, and the man who was with the woman took me by the shoulder, and said, "Here, girl, I will sweep it"—the woman said, "I am sorry to give you the trouble, but it is a misfortune, I am sorry for the poor fellow"—the soldier had a dog, and the man who was there was playing with it—I saw a blue cotton handkerchief over the soldier's face—I am quite clear about the woman, and I think the man is the same—he had a black frock coat on all torn—he kept his eyes on my mistress, who was at tea.
EDWARD M'DONALD (police-constable C 78.) I took the prisoners into custody at Glover's-hall-court, Beech-street—they were together—I had seen the man only three days before, but did not take him, because it was the women I chiefly wanted—I never saw him with a black coat on—I have seen him in fustian trowsers—when I took him he had a new smock-frock on; and he had that on the Tuesday, Wednesday, and Tuhursday—the woman had the same gown on she has now—I have seen the prisoners in company several times—the man generally works about the Post-office, Barbican, and Whitecross-street.
John Budgell's Defence. He came and searched my place all over, and then took me down to the sation-house—I was obliged to take of my coat, pledge it for 1s. 6d., to get a few things—I had but 2s. when I was taken—I was never in the King William in my life.
JOHN BUDGELL— GUILTY . Aged 34.
MARY BUDGELL— GUILTY . Aged 31.
Transported for seven Years.
2130. LOUISA BECK was indicted for stealing, on the 6th of October, 1 sovereign, 1 half-sovereign, 3 shillings, and 1 sixpence, the monies of William Hallett, from his person, and that she had been before convicted of felony.
WILLIAM HALLETT . I am a turner, and lodge in West-street, Albany-street, Regent's Park—on the night of the 6th of October, between nine and ten o'clock, I met the prisoner by accident—she said, "Where are you going?" or "How do you do?"—we continued on till we came to Wittlebury-street, going from Gordon-square, through Euston-square, into Wittlebury-street—I was going on my way home—at parting, I left her some few paces, and then found she had taken the whole of the money in my pocket, which was one sovereign, one half-sovereign, three shillings, and one sixpence—I had felt something meddling about me, but had no idea she was going to rob me—she had hold of my arm—I found my pocket opened and missed my money—I took hold of her and accused her of it—she said she had not got it—I requested her to walk along with me—we met a police-man—she then threw the money into the dirt—it was picked up on the spot.
Prisoner. I met you in Woburn-square, and then we went into Gordon-square—we continued our walk till we got to that dirt, where you wanted me to lie down on the grass. Witness. No, I did not—I had no idea of such a thing—I did not give you a glass of brandy—I changed no money in your company—I did not give you any think at all, and went into no house with you.
Prisoner. You gave me what you said was a shilling and then when the policeman came you found it was a sovereign—you wanted me to go up hill and down dale—I should have broken my legs if I had gone further—you gave me 1s.—you cannot deny it, and told me to drink your health—you will have to answer before a greater Judge than this. Witness. I did not do any thing of the kind.
WILLIAM DOWNES (police-contable, 190 S.) At a little before ten o'clock, on the night of the 6th of October, I was at the end of Wittlebury-street—I heard the prosecutor say to the prisoner, "Give me my money"—I then approached towards them and saw her throw something awny—a little boy took up two shillings—a man took up half a sovereign and gave it to me—I asked her if she had any more money—she said, "No"—I took her left hand and found a sovereign—she said, "That is the shilling he gave me."
Prisoner. Q. Did you see me throw any thing away? A. I saw her hand go from her, and the little boy found the two shillings about a yard from her—the motion was similar to throwing something away—the prosecutor had hold of her arm—I was within ten yards of her.
WILLIAM HALLETT re-examined. Q. The policeman said that she described the sovereign as the shilling you gave her? A. I think he has wrongly stated—he was walking up the street, and then the sovereign was transferred from the prisoner's hand to the policeman—I have no knowledge of her saying that it was the shilling I had given her.
WILLIAM DOWNES (re-examined). The prisoner appeared as if she had been drinking a glass or two, but was not drunk—she said, "That is the shilling he gave me"—I do not know that he heard it—he was looking for the money on the ground.
EDWARD BARKER (police-constable E 124). I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office, (read)—I was present in July last, when the prisoner was tried, and had three months imprisonment.
Prisoner's Defence. I came out, and in a few hours I met this man—he gave me a shilling and some rum—he wanted me to break my neck down some place in the Hampastead-road—I do not know where the policeman came from; he was as if he sprang out of the earth—I had been living three months on water-gruel, and the shilling was very acceptable—if I had known it was a sovereign, he should not have had it again.
GUILTY . Aged 37.— Transported for Seven Years.
OLD COURT, Tuesday, October 27, 1835.
Second July, before Mr. Recorder.
GUILTY .*— Transported for Seven Years.
JAMES THOMAS (police-constable S 53). On the 1st of October, at half-past six o'clock in the morning, I saw the prisoners at West-end, Hampstead, together—Carter was carrying a bag on his shoulder—I asked what he had there—he said, "Rags and bones"—I asked him to let me look at them—he put the bag down—I asked him to shake them out—there were two blankets, two pieces of carpet, and a towel—I took them both into custody—they were walking close together, and in conversation—when I stopped Carter, Dawes made a start to run away, and got about ten Yards—I loosed Carter and ran after him, and brought him back, and then Carter started, but two men stopped him.
SOPHIA CORBETT . I am the wife of William Corbett, a carpenter, at West-end, Hampstead. The articles produced are ours, and were taken from the wash-house—I saw them safe the evening before—the door was not locked—they are worth 5s.—they were put into the wash-house to be washed—the door was latched.
Dawes put in a written defence, stating that he had found the property in a dust-hole.
CARTER— GUILTY .† Aged 17
DAWES— GUILTY .† Aged 16
Transported for seven years
WILLIAM WHEATLEY . I live in the Commercial-road, Lambeth. On the night of the 30th of September, about nine o'clock, I was in King William-street, London-bridge with a relation—we stopped to look into a shop-window, and had been there but a few seconds, before I felt my pocket for my handkerchief, and it was gone—it was safe a few minutes before—I felt my pocket because there was a crowd at the window—I turned round, and saw the prisoner standing by the side of a man, with his arm through that man's arm, and my handkerchief in his hand—I took it outof his hand, and secured him.
Prisoner's Defence. I was standing by the window—a man took the handkerchief out, and gave it to me—I shoved it under the man's arm again.
GUILTY.* Aged 11.—Recommended to mercy. — Transpoted for Seven years.
2134. WILLIAM REYNOLDS was indicted for stealing, on the 30th of September, 3lbs. weight of mutton, value 1s. 6d.; part of a goose, value 2s.; and 1lb. 8oz. weight of beef, value 1s.; the goods of George Spiller.
RICHARD BROWN (police-constable T 138.) On the morning of the 30th of September, at half-past five o'clock, I was in the Edgeware-road—I heard a woman call out "Police," and saw the prisoner with a bag in his hand, at No.47, Connaught-terrace, close to the railing—there was a woman near him, and some other persons at a little distance—he ran away.
leaving the bag behind him—I followed, and he was stopped by another officer in my view—he had a cap on—I took him back to the spot—the woman had taken the bag into the house—the officer knocked at the door while I took the prisoner to the station-house—I afterwards saw the same bag in Sergeant Graves's hand—he took it to the station-house, and in it was the best part of a goose, part of a leg of mutton, and some rump-steaks—we took the prisoner's cap off, and there was a rope in it—I am certain the prisoner was the man who dropped the bag—I just lost sight of him while be turned the corner, for two seconds.
MARIA FORDER . I live at No.47, Connaught-terrace. The goose was cooked overnight, and there was beef and mutton in the larder—I saw them in the bag, and know them to be the same—they are the property of George Spiller, who lodges there—I did not give the alarm—I had dressed the articles—they were kept in the area.
Prisoner's Defence. I was going along Oxford-terrace—the sergeant stopped me, and asked me where I was going—I said I was going to work up the stone-yard for the parish—while he was talking to me a policeman came up and said, "Here! a robbery has been committed"—then the sergeant said, "Here he is," and caught hold of me, and took me into the Edgeware-road, he got over into an area, and found the larder open.
JURY to RICHARD BROWN. Q. What distance were you from him when you saw him with the bag? A. About fifty yards—it was clear day-light—there was nobody else there—as I took him to the office, a young man came up, something like himself, and said, "Bill, what is the matter?"—he said, "Oh, some people say there is a goose, and some mutton and beef, in the bag, but I know nothing of it"—the bag had not been opened in his presence then, nor had any body said what was in it—the alarm was given by a woman who was passing by—I did not see the prisoner down the area, but he was in the street, close to the railings—the woman was trying to stop him, and he was trying to get from her—I distinctly saw the bag in his hand—he had a pair of light slippers on—the cord had a loop at the end.
GUILTY . Aged 18.— Confined Three Months.
2135. MARY ABBOTT was indicted for stealing, on the 1st of October, 2 blankets, value 9s.; 2 quilts, value 16s.; 2 sheets, value 4s.; 2 table-cloths, value 3s.; 3 gowns, value 7s.; 1 shawl, value 7s.; 1 waistcoat, value 4s.; and 1 frock, value 1s. 6d.; the goods of John Denham, her master.
JOHN DENHAM . I am a porter, and live in King's Arme-yard, Golden-square. 'In the beginning of May, the prisoner lived with my wife, as nurse—my wife died on the 26th of May, and she remained with me as housekeeper, to mind my children—she left on the 6th of Septemper—after she was gone I missed different articles—I have since seen some of them—she left without giving me notice, before I got up on Sunday morning.
JOHN BOOTH (police-constable S 62.) I found the prisoner in a house in phœnix-street—I knocked at the door, and asked if Mrs. Abbott was there—she said, yes—the door was locked—it was an empty room—I told her to unlock the door—she said she could not—I said, "Put the key under the door," which she said—I opened it, and told her I took her for stealing these articles—she said, "Very well"—she put her bonnet on, and came down stairs, and on the way to the station-house,
she said, "I am very sorry, policeman, but I feel convinced I have done it, I have taken the property"—I went, and found the prosecutor at his residence, and one Weaver gave me twenty-two duplicates.
PETER TURNBULL TATE . I am a pawnbroker, and live in Cambridge-street, Golden-square. I know the prisoner by her coming backwards and forwards to the shop, and pawning in the name of Stevens—I have a blanket, a shawl, and two table-cloths—I cannot be positive, but I have no doubt she pawned them—I took some of them in, but cannot say positively she pawned them—the first thing pawned was a flat iron, and on the 16th of July a sheet—I frequently saw her in the shop, but have no recollection of her in reference to these particular articles—she was in the habit of always pawning in the name of Stevens, and all these an pledged in that name.
JAMES ASHLEY . I am pawnbroker. I have some articles claimed by the prosecutor—this quilt I know was pawned by the prisoner for 5s., on the 14th of August—I have not a doubt of her—they were pawned in the name of Mary Stevens—the duplicate is in my handwriting.
(Property produced and sworn to.)
Prisoner. I had only 1s. 6d. week for attending on his wife night and say—I intended to redeem the things.
GUILTY . Aged 58.— Confined One Month.
FRANCIS LONG . I live Coxs-court, Alderagate-street, On the afternoon of the 16th of October, I was in Holborn—I saw the prisoner near Farringdon-street, I saw him pick Mr. Chapman's pocket of a handkerchief, and hand it to another young man, who ran away, and the prisoner ran—I told the gentleman, and described their persons to the policeman.
Cross-examined by MR. PAYNE. Q. What are you? A. An errand-boy—I live with Messrs. Herrington, Brothers, Aldersgate-street—I was coming from an errand—I knew the prisoner before by seeing him about Fleet-street and Farringdon-street for the last six months—he was never doing any thing to get his living—I did not run after him—I was before the Magistrate on the following Wednesday—the robbery was on Friday, at five o'clock in the evening—I saw the person about five minutes—he took it very quick indeed—I saw him take it out and hand it to another man—I was about three yards from him—there were other persons passing along—I was on the side of him and on the same side of the way—I did not like to lay hold of him for fear he should knock me down—I live with my parents.
MATTHEW NICHOLAS CHAPMAN . I live in Grosvenor-street, Camberwell-road. On the 6th of October I lost a handkerchief—Long informed me of it—I had felt it safe about ten minutes before—it was a silk handkerchief, and was worth 5s.
Prisoner's Defence. I went to see my brother, and was at his house at four o'clock, in Peter's-street, Cow-cross, and remained with him until ten o'clock at night.
(Andrew Pheen, of John's-court, West-street, Smithfield; and John Colvin, rag-merchant, of John's-court, Smithfield, gave the prisoner a good character.)
GUILTY .* Aged 22.— Confined Six Months.
2137. ELIZABETH BLACKLOCK was indicted for stealing, on the 22nd of September, 2 caps, value 1s.; 1 shift, value 1s.; 1 shift, value 8s.; 1 pair of bellows, value 1s. 6d.; 3 plates, value 4d.; and 3 spoons, value 4d.; the goods of William Scholey; and that she had been before convicted of felony.
CATHERINE SCHOLEY . I am the wife of William Scholey, a milkman, of Little Saffron-hill. On the 22nd of September, the prisoner came into my house, at twenty minutes after nine and stopped until eleven o'clock, and then I said, "Ann, I am going to shut my door, and go out"—she said she would do some needle-work for me—I left her there, and when I returned, at twenty-five minutes after twelve o'clock, I found the door open, and missed all these things, except the spoons, which I missed in the afternoon—they are worth 12s. 6d. altogether—I had to make good a shirt which I had to make, which came to 7s. 11d.—I went to the station-house and reported her, and described her dress; and on the Monday morning following, the policeman took her, and she had my cap on then—I told her if she would make my things good she should go about her business—she said, "Wait, you 'll get them"—I said, "Tell me where the shirt and bellows are, I will let you go"—she said, "Wait, you'll get them," and at Hatton-garden I gave her the same chance, but she never told me where they were—I had let her sleep with me, about twelve months ago, for three weeks—she has no parents.
JOHN KERSHAW . I am a policeman. I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office (read)—I was present when she was tried, and know her to be the person.
GUILTY . Aged 21.— Transported for Seven Years.
JOHN THATCHER . I am a salesman at Covent-garden market. I was in Hart-street, Covent-garden, on the morning of the 17th of October, at two o'clock—my business called me there—the prisoner met me in Hart-street, full butt, put both her hands across my shoulders, and said, "Where are you going to my dear?" and her left hand fell into my right-hand pocket—I said, "What does your hand do there?"—I took it out, held her hands close, and said, "You have got my money"—I held her hand close till I gave her to the policeman—I had 10s. 6d. in my pocket—she took 10s. and 2 1/2d., which was found in her hand—I gave her in charge directlty.
Cross-examined by MR. PAYNE. Q. What was found in her hand? A. Two half-crowns, and five shillings in silver; one of the shillings was a new one, with letters on it, and twopence-halfpenny—I did not take the money from her hand myself—I saw her hand opened—her hand was given out of the officer's hand—I had occasion to go to a person over-night about loading some goods—I had been in bed, and had not been up half
an hour—I was quite sober—her left hand slipt down into my pocket—she was in front of me—I saw the policeman take her hand out of mine, and take her into the office to see what she had got—he took her into the office, opened her hand, and found the money—I had not walked with her at all before I saw the policeman—I have always given the same account of it—I told the Magistrate I found her hand in my pocket—I was perfectly sober.
JURY. Q. Had you ever seen her before? A. Never to my knowledge—I am a married man—I had put the money into my pocket when I came out.
JAMES DENNIS (policeman F 141.) On the morning of the 17th of October, I was on duty in Hart-street, at about two o'clock—I observed the prosecutor holding the prisoner's hand—he said, she had put her hand into his pocket, and robbed him—I took her to the station-house—he held her hand as we went along between both his hands, till we got to the station-house, and there Itook from her hand two half-crowns, five shillings, and two-pencehalfpenny—the prosecutor said there was a new shilling among his silver, and one of them was new.
Cross-examined. Q. When did he say that? A. In the station-house, before it was produced—before he saw it—there was no particular mark on any of it—I had not seen them together before.
JURY Q. Was the prisoner tipsy? A. I think not—she appeared alarmed—the prosecutor appeared to have been drinking, but both were in great agitation.
Prisoner.—I hope you will be merciful to me.
GUILTY . Aged 22.— Transported for Seven Years.
2139. EDWARD GARDNER was indicted for stealing, on the 19th of September, 15 gallons of wine, value 8l., the goods of Thomas Gerald Elrington and another.—2nd COUNT, stating it to belong to Thomas Edwards.
CHARLES WHITEFOORD . I am clerk to Thomas Gerald Elrington and Mr. Dundee. The property in question is their joint property—they live in Argyle-place, Regent-street—I had directions to ship four butts of wine on board the Mermaid—I did not know the prisoner before the transaction—I cleared the wine at the London docks—the import mark was five O's and a P—it was directed to the officers of his Majesty's 42nd regiment, at Bombay, and numbered 75 to 78—the export number were No. 1 to 4—the address was on all the packages, and the numbers following—they were to go to the West India docks—Thomas Edwardscraft was to convey them from the Londom docks to the Mermaid, at the West India docks—I saw No. 76—2 in the hold of the vessel at the West India docks—that was reported to be plundered—my duty had ended when I cleared them at the London docks—it had got on board the Mermaid.
RICHARD SMITH . I am an officer of Customs. I gauged four butts of sherry, marked five O's, 75 to 78, in the London docks—No. 76 contained 110 gallons—after gauging that, I delivered to one of the Dock Company's labourers—I should not think it could have been plundered at that time—I gauged it on the 17th, and it was taken to the West India docks in a lighter at once.
from the London to the West India docks, to be shipped on board the Mermaid—I left them alongside the Mermaid about half-past five o'clock on Friday evening, in the lug-boat, and went home—I did not see the numbers—it is very common to leave them so in the docks—they were covered over with tarpauling—the butts and hogshead were delivered out of the lug-boat on Saturday morning—cannot say the day of the month—I received them on the Friday, and delivered them about half-past ten o'clock on Saturday morning—the lug-hoat was locked to the Mermaid.
Cross-examined. Q. Was any body left in charge? A. I was to have looked after them, but I was taken very ill, and obliged to go home—I did not see any marks on the butts—I received some butts, and do not know the precise date.
COURT. Q. To whom did you deliver them? A. To the mate of the ship—he is not here—I got a receipt for them, but my master has that—I never went on board the ship—I have seen the prisoner at the Thames-police once—that is all I know of him.
JAMES M'GILL . I am a Thames-police-constable at the West India docks. On Saturday morning, the 19th of September, it was my duty to open two of the export dock gates, at six o'clock, one on the north side, and the other on the south—I opened the south gate, came across the flosting bridge to the north, and on looking down the dock, saw the prisoner coming from towards the dock, intending to go out, which excited my suspicion, and I observed his hat was rather heavy, and rolling on his head—I went across to him and met him, and asked what he had got in his hat—he said, "Nothing"—You have, and I must see"—he then took off his hat and took out a bladder—I was then about taking hold of it—he sprang two paces, threw it down, and jumped on it—he stooped down, as I thought, to tie his garter, but he took from under his garter this syphon—he took the two up together, and flung them towards the dock, but they did not reach the water—he broke the bladder and spilt the contents—what appeared to me to be a light pale liquid came from the bladder—I have no hesitation in saying it was wine—I smelt it, and tasted it with my tongue—I believed it to be sherry—he ran back again towards the lock where he came from—I then called for assistance, and I and one of the dock servants secured him—I took him over to the dock office, secured him there, and then returned to make further search for the things which he threw away—the syphon and bladder were picked up and handed to me—the blader would hold about six or seven quarts—I found the officer of Customs had got into a light craft, the Caroline, and he had got out the twenty-fourth bladder when I came up from between the limber boards of the lighter—twenty-four bladders were found in the craft Caroline, concealed in the limber board, full of the same sort of wine—it appeared the same in colour and taste—here is a sample, from one of the bladders, and there is another sample in Court, from the butt—as far as I could taste and see, it was the same kind of wine as was in the bladder the prisoner had—I licked the bladder and smelt it, and as he held it up it seemed a pale liquid—it was spilt on stone, but there was a puddle of water close by it, and it sunk into that—as I walhed to the dock-office, the prisoner said, "You can't hurt me for it; it is beer"—after he broke the bladder he said he was a poor fellow, and he hoped I would not hurt him—the bladders contained fifteen gallons—the one I took from him was of a middling size—not so large as some of the others.
Cross-examined. Q. How long have you been in the employ of the
Dock Company? A. Fourteen years—I have frequently taken person into custody with goods which have not paid the Custom-house dues—his having wine was a violation of the Excise laws—I know nothing of his being summoned before the Thames-police Magistrate to show cause why he should not be fined—(looking at a paper)—this is the Magistrate's handwriting—I tasted the inside of the bladder—it was doubled up, and in some of the crevices there was a little drainage left—I will swear it contained wine of the same quality as the other bladders—I will swear it was wine—I had not seen him on board the craft, but he came from the lock where that was with several other craft.
COURT. Q. How near to the side of the dock was she lying? A. Close to a floating bridge—it was a windy morning—any body could get on board the craft if they were in the dock—the Caroline belongs to Addis—it was an empty lighter—there was no wine in that craft except the bladders—it was near the lighter, I believe, but the crafty was being shoved right and left at the time for the shipping to go out—the wine was very near the craft—the prisoner had no business in the dock at all—his father is a waterman.
WILLIAM NIXON . I am gateman at the West India docks' export-gate I was there on the Saturday morning in question, and saw the barge Careline alongside a floating bridge—I moved her, to make a passage for craft and a ship that was coming through—I did not see Edwards' lighter at that time—while I was moving the Caroline, I heard a person call out to shove her stern off, which I was doing at that time; but being in a hurry, I took no notice of the voice—I left the Caroline, and ran to get the bridge out of the way, and while I was doing that, the prisoner came running down—I thought, in fact, he was going to run overboard—he seemed very much confused—M'Gill was after him—he assisted me in securing him—I jumped ashore and collared him, and assisted in taking him to the office, and then came back.
Cross-examined. Q. Do you know if a man is liable to a penalty of 100l. for having wine which has not paid the duty? A. No—I have seen people taken for getting wine out of the dock wihtout paying duty—I never saw the prisoner before, to my knowledge.
JOHN FOY . I am principal of the police at the West India docks. In consequence of something I heard, I went on board the Mermaid on 19th september—I found four butts of white wine, and a hogshead which had just been taken out of the Frederick, as I understood—I sounded then—I found one "No. 76, five O's, and a P," very slack—I went for the Custom's gauger, who gauged it—it was then only ninety-five gallons—the conternts marked on it were "110 gallons"—fifteen gallons were missing—I produce a sample from the bulk—I have compared it with the sample from the bladders, and have no doubt of it being the same wine—the colour, flavour, and smell, are the same—there was some difference in the colour of what was in some of the bladders, as they have been used before to hold brandy.
Cross-examined. Q. The wine you tasted was wine which came from the butt, and some which came from the bladders found among the boards of the Caroline? A. Just so—I know nothing of the wine taken from the prisoner.
COURT. Q. What did the prisoner say? A. I asked him what he was doing in the dock—he said he had been to Blackwall-basin, to shift some hands from on board a ship—I asked him what ship—he declined telling
me—nobody could get to this wine without being concealed in the dock overnight.
Cross-examined by MR. PAYNE. Q. Do you know whether the possession of uncustomed goods would make a man liable to the penalty of 100l.? A. I conceive it does—I have known such instances.
GEORGE GILLINWATER HAMMOND . I am an officer of Customs. I gauged the cask "76, five O's, and a P"—it contained ninety-five gallons, and if full, it would hold one hundred and twelve gallons, making the usual deduction—it was originally imported at one hundred and ten—the ullaage quantity, one hundred and twelve, was originally in it when imported, according to the mark—it would appear to have lost fifteen gallons—I drew a sample and tasted it.
WILLIAM WETHERBY . I am a cooper in the West India docks. I examined the butt "76, five O's, and a P," and found a hole, and the spiles, stopped with a deal peg, and a plug-hole in the head, six or eight inches from the chine—I applied the syphon to it, and found it would fit scuh a hole—there was no leakage—it was quite dry—the syphon fitted very well.
Cross-examined. Q. Where did you examine the cask? A. On board the Mermaid, on Monday morning, about ten o'clock—the syphon would fit tight if driven in.
Cross-examined. Q. Where did you find it? A. By the water-side, by the lock—I never saw it in the prisoner's possession—it had a string round it like this—I gave it to Woodward, who is not here, but I saw him give it to M'Gill directly after.
JOHN FOY re-examined. We made a very strict examination of the cask, as the heads were painted a lead colour, and were not quit dry, so that any new plug could be smeared over—there is nobody to show it was not plundered on board the ship—I examined the cask about twelve o'clock on the Saturday—the bladders had been found between six and seven o'clock that morning—it was impossible it could have been plundered on board the ship, as the bladders were found three hours before the wine was shipped.
Prisoner. The gate was open a quarter of an hour before I was taken.
JAMES M'GILL re-examined. The gate was opened about ten minutes after six o'clock—the wicket-gate had been opened five or ten minutes before, but I had the charge of both gates—nobody entered the dock that morning before I saw the prisoner.
Cross-examined. Q. How far is one gate from the other? A. Just across the lock, about fifty yards—I came across from one gate to the other—my duty was to look after both gates.
Prisoner's Defence. I got up at half-past five o'clock, passed the Blackwall-basin, and got there exactly at six o'clock—I came through the dock to see what shipping there was—about half-way through the dock, I met a seaman named Wood, who gave me the bladder—I asked what was in it—he said, "Take it, it will do you good"—it poured with rain—I put it in my hat—the officer asked what was in my hat—he pulled my hat off, and shook me, and by so doing I chucked away the bladder—I thought it was beer in it—I am totally innocent of the bladders in the craft.
(Matthias Pearce, provison-merchant, Horselydown, gave the prisoner a good character.)
GUILTY . Aged 24.— Transported for Seven Years.
EDWARD WOOD . I am a cow-keeper, in partnership with Mr. Spencer, and live in Goswell-street. The prisoner was six years in our employ, to take out milk, and receive money on our account—we have a customer named Lane, whom he collected from on our account—he has never accounted to us for money received from Lane at any time—he should account to me every night—he had no authority to retain any money for any purpose—on the 14th of October, I asked the prisoner the reason he did not give me the money Lane has paid him—he was quite confused, and began to cry, and hoped we should not hurt him—I was vexed at his ingratitude, having been a very good friend to him, and fetched an officer, and gave him in charge—the prisoner sometimes accounted to my wife and daughter for money received—they are not here—he told me he had made use of the money.
ISAAC CHAMPION (police-constable G 209.) I was called in by Mr. Wood, and saw the prisoner in the counting-house, crying—Mr. Wood gave him into custody for embezzlement; and on the way to the station-house, he said he hoped Mr. Wood would not be too hard with him, for he had made use of it to buy food for his wife and child.
(The prisoner put in a written Defence, pleading poverty, and stating that his intention was to have repaid the money.)
EDWARD WOOD re-examined. I gave him into custody on Thursday—he had 2s. 9d. in his pocket—we do not pay him till Saturday, unless he asked for money—if he had asked for money, he would have had a few shillings—he sometimes asked for a shilling or two—we should refuse to gave him 5s.—he generally had 15s. a week—I do not know whether he drew any thing that week—he has drawn some—I do not know what—he has the misfortune to have a very bad wife, and every thing she could get went in gin—he is very much to be pitied in that respect—even the shirt he had on his back, since he was in prison, he gave her to wash, and she pawned it for 9d.—if he could get rid of her, I would employ him again.
GUILTY. Aged 25.—Recommended to mercy. — Confined Ten Days.
2141. SARAH SIMPKINS, SARAH GEORGE , and ELIZABETH MURRAY , were indicted for stealing, on the 6th of October, 2 pairs of half-boots, value 5s.; and 2 pairs of shoes, value 3s.; the goods of William John Huetson.
EDWARD FIELD (police-constable N 84.) In consequence of information which I received, I went into Black Horse-fields, on the 5th of October, between one and two o'clock in the day-time, and saw the three prisoners and another girl with them—I told them I suspected that they had got shoes and boots which they had not come honestly by, and George threw a pair of shoes behind her—I took the whole four into custody—they were dancing along the field as I came up to them—when I took
hold of the four, Murray dropped two pair of boots, and Simpkins a pair of shoes—all the three prisoners dropped some of the property—I picked up two pairs of boots, and a person pausing by took up the shoes, and gave them to me—George had dropped those shoes.
ALEXANDER LESAGE . I am a sawyer. Between one and two o'clock on the 5th of October I was looking out at my back window, which looks into Black Horse-fields, and I saw the four females together in a circle—I looked again, and saw them passing shoes and boots from one to the other—the prisoners are three of them—I went and told Field, and when he came up I saw George heave a pair of shoes behind her—I went and picked them up—I had not time to give them to the policeman, but put them into my bosom—the officer Kemp asked what I had, and took them out of my bosom—the prisoners said they knew nothing about the property; but I had seen them drop the whole of them.
EDWARD ALLPORT . I am an apprentice to William John Hewitson, of Kings-land-road, a pawnbroker. I missed two pair of boots about two o'clock, they had hung about three feet inside the shop—I went to the station-house, and about six o'clock they were brought to our house, and we identified the boots and shoes—they had hung at our door—I had seen them safe about twelve o'clock—they have all been marked, and there are some remains of the marks now, but an attempt has been made to obliterate them—they are all quite new—I had not seen either of the prisoners at my shop, to my knowledge.
Simpkin's Defence. I was crossing the field, and saw the boots lay—we took them up, and were looking at them as we came out of the field with them—the policeman said, "We want you, about the shoes"—I was frightened, and said we did not have any, and dropped them.
George's Defence. I saw them lying in the field, and took them up—the policeman came up and said, "Where are the shoes?"—we dropped them, and said we had not got them.
(George Blackmore, a tallow-chandler, of Great Pearl-street, Spitalfields, gave the prisoner George a good character; and Elizabeth Carey gave the prisoner Murray a good character.)
SIMPKINS— GUILTY . Aged 15.
GEORGE— GUILTY . Aged 16.
MURRAY— GUILTY . Aged 17.
Confined Three Months.
NEW COURT.—Tuesday, October 27, 1835.
Fifth July, before Mr. Common Sergeant.
GUILTY . Aged 23.— Confined Fourteen Days.
2143. SAMUEL HILL was indicted for stealing, on the 21st of October; 1 coat, value 10s.; 6 spoons, value 20s.; and 1 pair of sugar-tongs, value 1s. 6d.; the goods of Jonh Carpenter; to which he pleaded
GUILTY . Aged 21.— Transported for Seven Years.
SAUNDERS ALEXANDER . I am horse-dealer, living in Chiswell-street. On Sunday, the 18th of October, about three o'clock, I came home, and found the prisoner in my yard, in custody of a policeman—my man produced my coat, and the handkerchief was out of the pocket—the coat I have now—the handkerchief was taken to the station-house, and the officer has not brought it—I had seen the handkerchief twenty minutes before—it was out, and underneath the coat—it was my handkerchief—the pockets were turned out.
WILLIAM FISHER . I am servant to Mr. Alexander. I was at the stable about two o'clock—I was at the Window, and saw the prisoner in the counting-house, trying to get the coat—he had no business there—I saw a coat and a silk handkerchief in his hand, and when I went round into the counting-house, I saw him chuck it on the horse-block—I asked what he was doing in there—he said he did not know, but came up the yard and went into the counting-house—I sent for my master, and he sent for a policeman—I had seen the coat before the prisoner came into the counting-house—it had been removed from the window to the door, a few yards—one pocket was turned out—he put the handkerchief back again, and I did not see it afterwards.
Prisoner. I came to see if Mr. Wolfe was there—I went into the saddle-room, and this pocket-handkerchief was lying on the floor—I took it up, put it on the horse—this man came in, and said, "What business have you there? "—I said, "None, but to see if Mr. Wolfe or Mr. Alexander were there." Witness. He did say so—he was not out of the counting-house when I saw him first—I saw him with the coat in his hands—when I came by the window I laid hold of him, and held him a good bit.
COURT. Q. Where were you when you first saw him? A. There is a little window in the stable I was looking through into the counting-house, and I saw him turning himself round with the coat in his hand—When I went out, I met him in the counting-house, coming out—he had nothing in his hands—the coat was on the saddle-horse, and the handkerchief was in it—I saw him put it there through the window—he saw me coming, through the window.
NOT GUILTY .
ANN WILSON . I am the wife of William Trigg Wilson, of Bray's-buildings, Lower-road, Islington—we sell shoes. On the 3rd of October, the prisoner came to the shop for a ball of cotton—I supplied her with it—I have since missed a pair of children's boots—the policeman, Smith, has got them, but he is not here.
NOT GUILTY .
English Opera-house—I was at the entrance of the pit door, waiting till the doors were opened—I observed the prisoner behind me at one time—I had a handkerchief on my person—I missed it when I got into the pit—this is it—when I came out, the officer had given notice that if any person had lost a handkerchief, to apply to him, which I did—he produced some, and I identified this—it has my initials on it.
Prisoner. Q. You did not observe me take the handkerchief? Witness. No, I saw you behind me at one time.
JOHN THOMAS SHAW . I am a constable. I was on duty at the stop door—I saw the prisoner just inside the door, and thought it necessary to have him taken—I searched him, and found a pocket-handkerchief in his coat-pocket, and a pocket-book and 6 1/2d.—I then unbuttoned his flap, and found four handkerchiefs—this is one—I charged him with stealing them—he said I had made a mistake, it was all wrong—I said I must take him into custody—he said, "Very well, you cannot hang me"—I had seen him with this stick, which he was holding up to his mouth, and then for a minute or two I missed it—it has a wire to it, and will take a handkerchief out of a pocket like a cork-screw.
Prisoner. I said no such thing—he came up to me, and said, "What do you do there?"—I said, "Waiting for a friend who promised to take me into the theatre"—I said I had lost my friend—I came that day from Fulham, with some thing for a brother, for washing—I was looking after a situation, and met a young man—we got drinking, and played at skittles—that stick I picked up in Myddleton-square—he told me to mind these things for him—I was intoxicated at the time—I am a cheese-monger, and lived with Mr. Crupley and Mr. Garrett.
J.T. SHAW. I made inquiry, and the person he lived with, gave him a good character, but he has left him nine months.
GUILTY . Aged 24.— Transported for seven years.
THOMAS FREDERICK TRAVERS . I am a boot and shoemaker, and live in Brewer's-street, Somer's-town. I have known the prisoners about four months, by their coming very frequently to the shop for straps—they lived about one street from us, with their mother—their father has left—I missed a pair of half-boots on the afternoon of the 2nd of October—these are them—I know them by being the workmanship of a man employed on the premises, and they are finished by myself—they had not been sold—they were inside, in the window.
JAMES TRAVERS . I am assistant to the prosecutor. On the 2nd of October, in the afternoon, about three o'clock, the prisoners came for a pair of straps, to be cut for them—I cut them—they said they had been several times before, and told me the price they paid—I charged them the same—they paid me, and left—they came again in about an hour, for another pair rather shorter—about six o'clock my brother came home, and missed a pair of boy's boots from the side window where Mary Ann, the youngest prisoner, had stood—there had been no persons in the shop but these prisoners, from that time—I said I should know them—my brother desired me to give them into custody—these are the boots that were missed.
Neal, at our shop, on the evening of the 2nd of October, for 2s., in the name of Ann Neal—I have seen her come there before to pledge shoes, at different times, and am quite sure she is the person.
Julia Neal. My father used to sell gaiter-straps and new shoes—he desired me to go for a pair of straps—I went to this gentleman's shop—he said if they were too long he could change them—I took them, they were too long—I came back and got a shorter pair—I did not take any thing out of his shop—a week after I went for tea and sugar, and the witness came and said, "Did you take any thing?"—I said, "No"—he said, "Was not you in the shop"—I said, "Yes; for a pair of straps"—I never pawned any thing at all—I am not the person—he is quite wrong—my father did not agree with my mother, and did not live with her.
JAMES FRANCE . I am certain of her person—I had seen her several times before, and distinctly swear she is the person—there are nineteen or twenty pairs in their name—some have been pledged by them—I cannot say all have.
COURT to JAMES TRAVERS. Q. The youngest prisoner stood nearest the boots? A. Yes; the eldest might have taken them, coming in.
JULIA NEAL— GUILTY . Aged 12.— Transported for Seven Years.
MARY ANN NEAL— NOT GUILTY .
SARAH CARTWRIGHT . I am the wife of James Cartwright, of Exmouth-street, Clerkenwell. The prisoner lodged at our house—she came with her husband about the 17th of September, on a Friday—she left on the Thursday week following—I missed these articles on Thursday morning, the 1st of October—I fetched the policeman—when I charged the husband with stealing them, he said he had been out of work some time, and unfortunately had made money of them—his wife was present.
NOT GUILTY .
JAMES ASTON . I live in White-yard, Whitecross-street, and am a wood turner—the prisoner worked for me—I missed a circular saw on the 3rd of October—I had been it sage the night before, in the workshop—I afterwards went to the Cock, in Golden-lane, and found the prisoner there—I asked how he could think of taking it—he said he certainly had taken it, but I had discharged him, and he could not live on the air, and he did it from want—I found the duplicate on his person.
Prisoner. I was taken to Worship-street on Saturday morning, and acquitted—in the afternoon he took me, and Mr. Aston came and said, "If you will tell me where the saw is, I will not prosecute you." Witness. No, I did not hold him out any promise in this case—I did for other things that he had stolen before, but not that one—he dropped the duplicate in the station-house, and then gave it to me.
WILLIAM MOORE . I work on the prosecutor's premises. On the morning of the 3rd of October I went in search of the prisoner—we heard he had been taken and discharged—we went in the afternoon to the Cock—the prisoner came in, and I charged him with having committed the robbery
and said I wondered how he could do such a thing—he said he could not live upon air—I sent for the prosecutor.
GUILTY . Aged 32.— Transported for Seven Years.
ANN WALKER . I am a widow, and live in James's-place, Ratcliffe. I keep a private house, with two rooms in it—on the morning of the 27th of September I went out at half-past four o'clock to the public-house—the persons were not up—I saw the prisoner Blewitt pass me with two charis—I had never seen him before—they were painted rush-bottom chairs—I told him they were mine—he made no answer—I called a policeman who was standing close by—I turned myself round, and saw Henwright on the pavement, with my wash-hand basin—I asked her how she got it—she said this man gave it to her—he made no answer—I had seen them ten minutes before in my own house.
Cross-examined by MR. CLARKSON. Q. What sort of a house is this? A. No person lives in the other room—I left a candle burning in the cupboard when I went out—the male prisoner was sober apparently—the first I knew of this was by seeing these chairs—there was a female friend with me—she told me of the chairs—she was before the Magistrate, but was not required again—the man did not say in my presence that he was employed by a woman to carry them—I am not in the habit of receiving persons there—the policemen know the house perfectly well—I never knew either of the prisoners—there was no woman there—ther public-house was not more than one hundred yards from the house—I went to get something to drink, to treat my friend, who had been sitting up with me—I had had the night-men there—I have lived seven years in James's-place—the public-house is generally open by half-past four o'clock; the watchman told me so; but it was not on that morning—I had done a day's work on the Saturday, the 26th, for Mrs. Cartwright, of Stepney-causeway—it was cleaning the house.
CHARLES TIBBY (police-constable K 144.) I was on duty. The prosecutrix gave the prisoners in custody to me—I saw two chairs in Blewitt's hand—I asked him where he got them—he said, "From a house"—I asked if they belonged to him—he said, "No"—in the mean time Henwright came by with the basin—I found I could not get her—I sprang my rattle—another officer came and took her—Blewitt offered me 1s. 6d. to let him go, then 5s., and then 10s.
Cross-examined. Q. He said he got the property from a house, and it was not his? A. Yes—the female who was with the prosecutrix was, I suppose between forty and fifty years old—she was walking up and down the street—I told the clerk of this offer when he took the depositions—I found 20s. in silver and a few coppers on the male prisoner—he said he had been employed by a woman to carry the chairs at the station and before the Magistrate—the public-house generally opens about four o'clock in the morning—I have been about a month on the beat—James's-place used to be a terrible place at one time for prostitutes and such things, but it is getting
better now—several of the houses are shut up—there are several respectable persons living there.
Cross-examined. Q. Did you observe the prosecutrix? A. Not till I was called—she had nothing in her hand—I had seen her once or twice before in that neighbourhood with the same friend, walking up and down.
Blewitt's Defence. I met this woman and another young woman—they asked me to go home with them, which I did—I sat down five minutes—the young woman caught hold of two chairs, and said, "I shall carry these to my room"—she asked me to carry them, which I did.
Henwright. The other woman gave him the chairs, and she absconded.
NOT GUILTY .
HANNAH STOTE . I am the wife of Charles Stote, and live in Clerkenwell. The prisoner has rented a furnished room since March with her husband—the rent was behind—I went into her room with the policeman and the prisoner delivered the duplicates to him—we searched, and missed these articles—I told the prisoner the things were missing—she said she could not help it—her husband was acquitted at Hatton-garden.
Prisoner. She knew the things were gone out of the place, she told me to do it. Witness. I never did such a thing—her husband is a coach-springmaker at Wright and Powell's.
COURT. Q. Did you never say thing to her husband in her presence? A. He knocked me down two or three times, he was in such a rage—he said nothing was deficient in the room, all was right.
GUILTY . Aged 25.— Confined Three Months.
THOMAS SILVERWOOD the younger. I am the son of Thomas Silverwood, of Oxford-street. About ten o'clock on the 30th of September, I received information which induced me to go into Portman-street, Portman-square—I saw the prisoner there with this merino under his arm—it was covered with this paper—I had never seen him before—I took it from him—it is my father's—I came out of the shop and followed George Bateman—I went up Green-street, into Norfolk-street, into a mews—the prisoner was running—we came up to him, and walked between us down into North Audley-street—I then returned home—the policeman then took the prisoner to the station-house—I said nothing to him.
Cross-examined by MR. PHILLIPS. Q. Did he not tell you if they were
your goods you should have them, if you would wait till the person who gave them to him came up? A. Yes—I was absent from him some time, after I took the merino—he might then have ran away—my companion took hold of the skirt of his coat—we walked through five or six streets, and not a word passed—he did not attempt to run away.
COURT. Q. Did you take the piece from him? A. Yes; and went home—when I came out he had crossed Park-street, and got into Green-street, but George Batemen followed him—we did not give him into custody, because there was no policeman.
GEORGE BATEMAN . I am an errand-boy. I was passing, and saw the prisoner take a piece of merino from Mr. Silverwood's door—it was on the step just inside the door—a young woman went in, and gave information—the last witness cane out, and I told him he had turned the corner—he took the goods from him—the prisoner then ran across Park-street, and down Green-street—we came up to him—I told him if he would return with me to Mr. Silverwood's, he would do nothing to him—he then returned with me, and Mr. Silverwood and the policeman took him.
Cross-examined. Q. He returned with you on that promise? A. Yes: he walked between us—he could easily have got away if he had liked.
WILLIAM ECKETT (police-constable D 54.) I took the prisoner at the shop—he said a man coming along gave him this piece to hold while he went over the road, and he was to give him 6d. when he came back—that he was out of employ, and had a wife and two children
GUILTY .— Confined Six Months.
2154. ELIZABETH WATSON was indicted for stealing, on the 19th of October, 1 pestle, value 6d.; 1 mortar, value 2s.; and 2 candlesticks, value 1s. 6d.; the goods of Charlotte Bone; to which she pleaded
GUILTY .— Confined One Month.
2155. WILLIAM SCOTLAND was indicted for stealing, on the 23rd of October, 1 watch, value 6l. 1 guard-chain, value 10s.; and 1 watchkey, value 6s.; the goods of John Stiven.—2nd COUNT, stating it to be the goods of John James Harris.
JOHN JAMES HARRIS . I am a watch-maker, and live in East Smithfield. On Tuesday Captain Stevens (I believe that is his name) left a watch to have the gold key mended, and the seconds hand put to it—it was to be repaired by Friday—on Friday morning the prisoner came, and said, "I have come for my watch that I left to be repaired"—I asked him his name—he said, "My name is Stevens" or "Stivens"—I said, "Did you come with Mr. Miller, the taior, of King-street, on Tuesday?"—he said, "I did"—I referred to my book to see if it was correct—I went to my glass case for the watch, and brought it down, and said, "Is this watch?"—he said, "It is"—I opened it, and showed him the seconds hand, and said, "Does this hand please you?"—he said, "Yes; is the key fast?"—I asid, "Yes, I have not only rivetted it, but soldered it?"—he said, "What does it come to?"—I said, "7s. "—he said, "Mr. Harris, I will send my lad over with a chronometer to repair, then I will pay you together"—I asked what ship he belonged too—he said the John—I asked where it laid—he said in the London docks—I called him back and said, "Do you say it is the John?"—he said, "Yes, in the London docks"—he did not come back or send a chronometer.
Cross-examined by MR. BODKIN. Q. I suppose you felt fully satisfied that he was the owner of the watch? A. Yes; and delivered it to him with that idea.
NOT GUILTY .
2156. ELLEN MULLINS was indicted for feloniously receiving, on the 5th of October, 2 shirts, value 8s.; 1 shift, value 5s.; 2 petticoats, value 3s.; 1 pair of drawers, value 1s.; and 5 pairs of stockings, value 4s.; the goods of John Massey, well knowing them to have been stolen.
SARAH MASSEY . I am the wife of John Massey; we lodge in Little Exmouth-street, Hampstead-road. I had these articles on the 5th of October on the front table—they were stolen about seven o'clock that evening—I had seen them five minutes before.
GEORGE STONE (police-constable C 2.) On Tuesday, the 6th of October, about nine o'clock in the evening, I went to the prisoner's house, No. 8, Husband-street—I asked her if she had bought any linen of any kind that day or the night before, and described some shirts with small frills to them, and marked: also some stockings and shifts—she said she had not bought any thing that day—she had not her shop open the whole day, and had bought and sold nothing, nor the night before—I asked her over and over again—she said no, she had not—I told her Mrs. Massey had been robbed of some linen, and she had information that she was the person who had bought it—she denied it very strongly—she showed Mrs. Massey three or four boxes in the room—there was nothing in them she could identify—she asked if she was satisfied—she said she was not, and gave her in charge—I then commenced searching the place, and under the bed, on the sacking, I found one shirt—Mrs. Massey directly said, "That is one of the shirts"—I then looked underneath another bed, between the sacking and bed, and there I found five pairs of stockings, two petticoats, and a shift—in a corner of the room I found a pair of drawers—in the shop I found another shirt—we then took her to the station-house—she said nothing to me, nor in my presence, but strongly denied buying these things—that was all she said.
Cross-examined by MR. PHILLIPS. Q. Was that all she said? A. She screamed out and said, "Oh, I shall be torn from my children! Oh, that I ever kept such a shop as this!"—that slipt my mind at first—I was examined five different times on this case—she was discharged once—she was let go without bail—there were four other cases, and through them this was not gone into till the last time—I gave an account to the Magistrate of what happened in the bed-room—he desired me to tell what took place—I told him that she said, "Oh, that I should ever have kept such a shop as this!"—I told it him times and times—I will swear I said so on the first examination, and the second—I did not keep it back to the last—he did not express his surprise at its being kept back—the Magistrate said, he was not aware the things were concealed between the bed and sacking—he did not express his surprise that it was not mentioned before—I told the Magistrate that the things were between the bed and the mattress.
Q. What is the reason you have changed it to-day, and said between the bed and sacking? have you not found there was no mattress? A. There was no mattress—I believe I told the Magistrate that they were found between the bed and sacking—I think so—I do not think I said it was between the bed and mattress—I recollect what I swore a minute ago—I do not think I said it was between the bed and mattress—I believe I did say so—the name of Robert Dillon is up at the prisoner's house—I took up Robert Dillon—the prisoner was there as Robert Dillon's wife—I do not know that he lives there—I found him there—he does not attend to the business—I never said I saw him attending to the business in the shop—Dillon was taken up twice—he was sent for from a public-house to
come and give the key of one of the boxes—he produced two keys—I cannot say whether Dillon received these things the day or night before—the Magistrate did not rebuke me, or express his astonishment, at my keeping back the expression she used till the last examination, because at the first the case was not properly gone into—she was discharged that we might get more evidence.
HENRY HARRIS . On Tuesday night, the 6th of October, I went to the prisoner Mullin's house—it is Robert Dillon's house I believe—I have known the house long—Dillon lived there and Ellen Mullins—I have seen them for four or five months—Ellen Mullins attends to the shop, and Dillon also—I found the prisoner there—Stone asked her if she had bought any linen—she said, "No"—Stone gave her a description of the things—Dillon was in the shop—we asked him in her presence—he said he knew nothing about it—we then searched—Mullins and Dillon were there—one shirt was found between the sacking and the bed—when Stone found it she began to cry, and in a very agitated manner, said, "Don't tear me from my children'—we had not charged her with this when she said that—Dillon said nothing—I said nothing—I was in the shop with Dillon when Stone found the things—under another bed we found the other things, between the sacking and the bed—she still kept crying—Mrs. Massey gave her in charge—she said nothing beside, "Don't tear me from my children."
Cross-examined. Q. The last answer is a true one is it? A. Yes; I heard her make use of that expression—I was in the shop—there was nothing else said that I can bring to my recollection now—she said that if she was taken she should be transported—Stone was present—that was the second time we apprehended her—I did not mention that to the Magistrate—it slipped my memory—I was examined about five times on this charge—I never mentioned to the Magistrate that she said, "Don't tear me from my children," but Stone did—it slipped my memory—both the expressions slipped my memory—my evidence was not called for—Stone's evidence was not read out in my presence—I was not in the office till the last time Stone gave his evidence—I think it was then Stone said, she said, "Don't tear me from my children "—I do not think that Stone said, she said any thing else—I was there, and was asked if I corroborated what Stone said—I said, I did—Stone mentioned, the last time, that she said, "Don't tear me from my children, I shall be transported"—Stone mentioned that at the last examination, and it was read out—I corroborated it—we told the Magistrate we found the things between the bed and the sacking—there was no mattress—Stone did not say it was between the bed and mattress—Dillon was taken up on this charge—he was in the house when we first went in—I said, "Well, Dillon, there you are "—Stone was in the back room when I said this—Dillon then went away—Mrs. Massey gave the prisoner in charge—I went to the public-house to fetch dillon, that I might take him into custody—he waited in the shop while we searched the place—all he said was that he kenw nothing about it—he did not nothing—he said he was answerable for what his wife bought or sold—he said nothing more—Stone was present—he gave his wife some keys—that did not slip my mind, when I said that was all he said.
Q. Did not the Magistrate on the last examination, express his astonishment that the speech attributed to the woman was not mentioned before? A. He said he did not know it was mentioned before, and if it was he did not hear it—he did not remember any thing being said about it—I will not swear that he did not express his surprise, and rebuke Stone—Dillon
was taken up twice—the name of Dillon was over the shop—I have seen him in the shop behind the counter—Stone has not been with me—I have seen him there I should think four or five times—I do not know that it was not Dillon that took in these goods—Stone asked the prisoner, first, if she knew a boy named Barlow, and if she had bought my linen that day, fully describing it by the marks—he asked if she had bought any the night previous—that was all be asked her—we went there on Tuesday, and that night she was discharged—I took her up the same night, on getting further information—the boy is not here—I have known Dillon living in that house six or seven months—he appeared as master.
COURT. Q. Did you take her as his wife? A. Yes; but before the Magistrate she said, her name was Ellen Mullins—she said, she was sorry she had kept such a shop—that might have slipped my memory.
MR. PHILLIPS called—
MR. THOMAS WONTNER . I am solicitor for the Prisoner. I attended all the examinations before Mr. Conant, except the first—them were five, I belive—I paid considerable attention to the evidence against her, and took it down on one occasion—I believe the course is, that what is said, is not reduced to writing till the last examination, and then it is made up—I remember Stone being examined on the last occasion—I remember his saying, that the prisoner had said, "Oh, I shall be torn from my children! Oh, my God, that ever I should have kept such a shop! "—I had attended on the three previous examinations, and neither Stone nor Harris had said a word about it—Mr. Conant was very much surprised to hear it, for if it had been said before, he must have heard it—Stone did not state that the prisoner said, she should be transported—that was not read from his deposition—the Magistrate was about to discharge the prisoner, when Stone said, she was a noted receiver, and she was then admitted to bail—I am sure Stone said, on the last examination, that he found these things between the bed and the mattress, and on the previous examination, he said he found them under the bed—I have subpœnted her landlady to prove there was no mattress.
NOT GUILTY .
2157. WILLIAM LYNES , and WILLIAM ALTON alias GEORGE ALDERSON , were indicted for stealing, on the 8th of October, 1 sack, value 2s.; and 3 pecks of split peas, value 6s.; the goods of Walter Mechaux.
WALTER MECHAUX . I am an oil and colourman, and live in Acton-street, Gray's-Inn-Road. On Thrusday evening, the 8th of October, I missed a sack containing three pecks of peas—it had the mark of W. Burroughs on it—this is the sack, and these are the peas, to the best of my belief—the sack has the same mark on it—I saw it safe at six o'clock that evening.
CHARLES GRINHAM (police-constable S 156.) At a quarter past seven o'clock on the evening in question, I met the two prisoners in Eustonsquare—Lynes had this sack on his back—I asked him what he had got the sack—he said peas, and that he had got them from Middlesex-street—he said, "You know me very well, I know the reason why uou stop me; it is because I am with Alderson"—I asked what he was going to do with them—he said to give them to his father's houses, because they were damaged—I opened the sack, and found they were split peas—I said he must go with me—I put the sack on my shoulder, and he attempted to run away, but I caught him by the cuat—while that was doing, Alderson went
away—I do not know whether he ran or walked—I did not see him till the next night—I took Lynes to the station-house—he said a man gave him the sack an peas to carry—I took Alderson on Friday night, in Judd-street—I told him I took him for being with Lynes—he said he had not been with him, and he had not seen me take him.
FREDERICK WILLIAMS (Police-sergeant, S 144.) On Tuesday evening I saw the two prisoners together with another person; they were standing at the corner of Somers-place, in Somers-street, not far from Euston-square—they were together—I turned and looked at them—I reported it to the sergeant—he told me to make haste round to see if they were there, but they were not there then.
Lyne's Defence. I was employed by Alton to carry them.
Alton's Defence. I assure you I did not employ him—I met him in the New-road—he said he was going to take the peas to his father's
(Sarah Goodman and James Light gave Lynes a good character.)
LYNES— GUILTY . Aged 21.— Confined Three Months.
ALTON— GUILTY . Aged 23.— Transported for Severn Years.
GEORGE INGLE . I am clerk to James Hunter Tuck, and James Homby, coal-merchants, at Pimlico. On the 29th of September I received information—the prisoner had just left the wharf with a truss of straw which I had directed him to take—he was our carman—he was going to take the straw on his way home—I followed him, and saw him with something under his arm—I asked what he had got; he said nothing belonging to me—I said what had he got—he said a piece of coal—that he had taken it from the wharf—he begged pardon, and said he had a large family.
Prisoner. He said, "Take it back, I will say nothing about it"—I was going back with it when he met the policeman, and gave me in charge—my wages were about eighteen shillings a week, and sometimes we work from four or five in the morning till eight at night—I never told him I took it from the wharf—I told tim I had got a lump of coal.
GEORGE INGLE re-examined. I did not compare the coal with what was on the wharf—I cannot swear where it came from—he told me he had got nothing belonging to me—I insisted upon knowing what he had got—he said a lump of coal he had taken from the sharf—he has borne a good character.
Prisoner's Defence. I picked this coal up when I went out half a minute before, with some straw to Mr. Nowland's. In the stable there were no coals so large as this, I could not take it from the barges.
Witness. H could take it from the shed, where he said he had taken it from—it was one large lump of coal.
GUILTY. Aged 35.—Recommended to mercy by the Jury and Prosecutor. Confined Two Days.
OLD COURT.—Wednesday, October 28.
Third July, before Mr. Common Sergeant.
2159. WILLIAM EGERTON was indicted for stealing, on the 27th of September, at St. Andrew, Holborn, 1 purse, value 6d.; 1 key, value 1d.; 10 sovereigns, and 14 half-crowns, the goods and monies of William Norton, his master, in his dwelling-house.
WILLIAM NORTON . I am a tailor, and live in Cross-street, Hatton-garden in the parish of St. Andrew, Holborn. The prisoner was my journeyman. On Sunday, the 27th of September, I left the house at seven o'clock in the evening, and returned at eleven o'clock—I had left the prisoner and my two sons in the house, but nobody else—when I returned, the prisoner was gone—he todged with me, but did not come home afterwards he absconded—I had left my purse, with ten sovereigns and fourteen half-crowns in it, and a small key; in a bottom drawer of a chest of drawers, in my bed-room—the room door was not locked—I had seen the property safe at four o'clock in the afternoon—when I came home I found him gone—I examined, and missed the purse and money—I was at home from four to seven o'clock—nobody had been in the house except a woman, who was not out of my sight.
JAMES NORTON . I am the proseeutors son. On the 27th of September, I came home at about seven o'clock in the eveening—my father went out after that, and I remained at home, with my brother and the prisoner—we were all three in the kitchen—I and my brother went out about half-past eight o'clock, leaving the prisoner at home—I had shut the door after me—I returned in ten minutes—I knocked at the door, and he opened it—there was nobody but him in the house—he proposed having something to drink, and as he had told me he had no money of his own, I gave him 6d. to fetch a pot of beer—he went out to fetch it, and never returned—I had been at home from seven o'clock, except for ten minutes.
Prisoner. Q. Can you swear I said I had no money? A. I do say so—you did not show me any money—my brother did not tell me he had given you some money.
WILLIAM VEARY . I live at West Wycomb, in Bucks. I took the prisoner into custody about three quarters of a mile from West Wycomb, on Tuesday the 6th of October—I told him he was my prisoner, and that there was so and so in the "Hue and Cry"—I told him it was for robbing his master, Mr. Norton—he said he knew no such man as Norton—I searched him and found two sovereigns, one at the bottom of each stocking, on his feet; also one sovereign in a snuff-box, and he had one in a little slip cut in his coat, one loose in his coat pocket, and 4s. 1 1/2d. in his trowsers pocket.
(The prisoner put in a written defence, stating that he had fractured his skull when a child, ever since which, drink had produced temporary insanity, in which state he must have been when be committed the offence.)
WILLIAM NORTON re-examined. I never knew him exhibit symptoms of insanity—I have heard him say he met with an accident some years ago—he has a habit of pawning his clothes, and every thing when in liquor—I always had a good opinion of him.
GUILTY . Aged 26.— Transported for Life.
Before Mr. Justice Vaughan.
2160. GEORGE WILLIAMS was indicted for feloniously and burglariously breaking and entering the dwelling-house of John Rowlett, about the hour of eight o'clock in the night of the 20th of September, at St. Marylebone, with intent to steal, and feloniously and burglariously stealing therein 21bs. of pudding, value 6d.; 1 purse, value 1d.; and four sovereigns; his property.
LYDIA ROWLETT . My husband is a carman, and lives in Manchestermews, St. Marylebone. On Saturday, the 19th of September, I placed four sovereigns in a purse, and put it in a box in my room—the box was unlocked—nobody lived with us—it is the stable—my husband lived there with me—on the Sunday evening I left the house from half-past six o'clock to a quarter to seven o'clock, to go to church—it was then light—I locked the room door—my husband went out before me—I put the key in a loft, where I always place it—I shut the loft door—the room window was a little way open—there is a door which goes into the mews from the loft—I remember shutting that—a small person might get in at the window—I cannot be positive that I bolted the loft door, but I shut it—I returned at about nine o'clock—my husband unlocked the stable door—I perceived the loft door a little way open—the room door came open before I turned the key, so that it had been opened—I went into the room and found two pieces of white paper on the table, which had been in my teachest—I went to my box, the purse and money were gone—my husband had come home with me from church—I found the safe door open, and missed a pudding out of a dish.
ELIZABETH COLE . I live in Manchester-mews. On Sunday evening the 20th of September, about five minutes before eight o'clock, I observed the prisoner going up the news, walking very quick, with a bundle under his arm, at a good distance form the stable—I said nothing to him—I had known him four or five years—I am quite sure he is the boy.
BENJAMIN CLIFT . I live in North-street. I have known the prisoner some time—he lives at No. 25, North-street. On Sunday night the 20th of September, he came to my house at about half-past eight o'clock, and said, "Will you come with me?"—we went to the top of North-street, and he pulled out a sovereign, and then he called me to give me a piece of pudding—when he shewed me the sovereign he said, "Will you come and change it?"—he said, "We will go to the cook's shop in Holborn, and buy something—he went into the cook's shop, and bought a knuckle of ham, some beef, and potatoes, and changed the sovereign there—we then went into a coffee-shop in Union-street—I asked him where he got the money form—he said, "Never mind that, come with me"—we eat the beef and ham with carrots and potatoes in the coffee-shop, and then I went home—next morning, the 21st of September, he called me at about six o'clock, and I went to Billingsgate with him—we had some coffee, at a coffee-shop there with the change of the sovereign, and then we went to the Thamestunnel, but did not go into it—he then said, "We will go to the Surrey Theatre," and in crossing the bridge he pulled out a purse, took out two sovereigns, and chucked the purse over Westminster-bridge, with a stone in it—it was a brown purse with a little ring, and thick ring.
Prisoner. He went with me, and told me to put the stone into the purse, and throw it over the bridge.
ARTHUR GORE . I am a policeman. I received information of the robbery, and a description of the prisoner—on the 6th of October, I met him in Hinde-street, Manchester-square—I asked him if he did not go by the name of Jockey Williams—he said he went by that name—I neither threatened nor made him any promise—I asked him if he was not the boy Mr. Rowlett charged with stealing four sovereigns—he said he had got none of the money then—I took him into custody, and brought him to the station-house—I found nothing on him.
prisoner—I asked if his name was Williams—he said, "Yes"—I asked if he was the boy who had stolen the four soverigns from Mr. Rowlett—he said, Yes, he was—I asked if he had not forced the lock of the box—he said, "No, the box was open"—I did not make him any threat or promise.
Prisoner's Defence. The boy enticed me to get the money—I went and got it, and called him—I asked him to come with me—he said, "Yes," and we went down Tottenham-court-road, and got change of a sovereign—after that he told me to call him in the morning, and I did—we went round to the Thames-tunnel, and next morning went down to Westminster-bridge—he told me to put the stone into the purse, and throw it over the bridge, and he went with me to the Surrey Theatre twice, and had part of the money.
GUILTY* of Stealing only. Aged 16.— Transported for Seven Years.
Before Mr. Justice Vaughan.
2161. ELIZABETH HAWKINS was indicted for burglariously breaking and entering the dwelling-house of Phœbe Crawley, about the hour of seven in the night of the 2nd of October, at Saint George, Hanover-square, with intent to steal, and stealing therein, 6 shirts, value 15s., and 5 handkerchiefs, value 5s., her property.
PHŒBE CRAWLEY . I am a widow, and live in Eaton-lane-north, in the parish of Saint George, Hanover-square. I take in washing—on the 2nd of October, I left my place at about a quarter after seveen o'clock in the evening—I fastened the door—I locked it, and left the key outside in the lock—I was not absent more than seven minutes—I left my shirts, sheets, and table-cloths in the room—I returned in about seven minutes, and found the door open—I am quite sure I had locked it—I missed six shirts—I had a suspicion of the prisoner, and got an officer who went into the prisoner's room, and found them—her room is facing mine—in the opposite house—she must come out of her own house, and cross the street to come into mine—she is a married woman—I went with the officer to her room at about a quarter before eight o'clock, and found the things in her possession—I saw the six shirts found there—I am quite sure they are the shirts I missed—I had them to wash—I had not lighted a candle before I went, out—I lighted one when I came home—I know it was a quarter past seven o'clock for I looked at my clock.
Cross-examined by MR. PHILLIPS. Q. How long before you went out did you look at the clock? A. I did not take any particular notice of it when I went into the house—I had washed the shirts, and damped them for ironing—the priosner said they had been left with her a very short time before by a person, to be ironed—I believe she does take in ironing.
COURT. Q. Had you seen her shortly before? A. No.
WILLIAM CRAWLEY . I am the prosecutor's son. I was with my mother on the evening of the 2nd of October—I came in at about a quarter to eight o'clock—I had been away ever since five o'clock—I know it was a quarter before eight o'clock, as I looked at the clock just before I left work—on coming to the house, my mother informed me of the robbery—the constable told me to go over to the prisoner's room, and see if I could see any thing—I went over to her room, and found the prisoner and her husband—the policeman was not with me—I saw articles hanging in the room and a handkerchief, which I had seen in my mother's room the day previous—I went over and informed the constable, and he, my mother, and myself, went over to the prisoner's room again—I found the things all
taken off the line, and covered over then with a blue apron—I examined them, and found under the blue apron six shirts and a handkerchief, and gave the prisoner into custtody—I was not present when she told my mother where she had come from—the constable took possession of them.
CHARLES TAYLOR . I am a policeman. I went to the prisoner's house with William Crawley and his mother, about a quarter before eight o'clock—I was on duty near the spot—on going into the room, I found on the table these articles—here is a checked apron, which was coverd over the remainder—I asked the prisoner how she came by them—she said, she had them to dry from a Mrs. Earl—she did not say where she lived—the husband was there.
Cross-examined. Q. Did you desire the prisoner's friends not to get any body to defend her? A. No; they came and asked my advice—I said I had nothing to do with it—I did not advise them not to have counsel to defend her—I said, I knew nothing about it, they might do as they thought proper, but I thought it no use in the case—I do not think the prisoner said, what she did, in Mrs. Crawley's presence—I went into her room with Mrs. Crawley—Mrs. Crawley followed me in—I said nothing to the prisoner before Mrs. Crawley—Mrs. Crawley followed me in—she was close to me, I should think, when I asked her about the things—she said, Mrs. Earl had brought them to her to dry—she did not say, a person had brought them in to iron, in my hearing—I was present, but the room was full, and I could not hear every word, but the answer she made me was, that they were brought there to be dried, by a Mrs. Earl—she was only asked how she came by them, once in my presence—there were a dozen people in the room.
ELIZABETH HADMOTT . I lived in the same house with Mrs. Crawley. I know the prisoner by sight—on the evening of the 2nd of October, I saw the prisoner come out with a bundle, at about a quarter to seven o'clock—she came down stairs from Mrs. Crawley's, with a bundle—I am quite sure she is the woman—she lives opposite us—she went out at the door—the bundle was in a blue and white apron.
Cross-examined. Q. I suppose it was light enough to see her face? A. Yes—I am sure it was her.
COURT. Q. What sort of light was it; was there candle-light, or what? A. It was light enough to see her, and know her by the natural light of the day.
Prisoner. I never went into the house—I am quite innocent.
MRS. CRAWLEY re-examined. I know these articles—they have marks on them—this shirt belongs to Mr. Smith—they were sent to me to be washed, and wer in the house that night.
[Elizabeth Booty, of Eaton-court, Eaton-lane, Pimilico, and Mary Jones, widow, of Pimlico, gave the prisoner a good character.]
ELIZABETH HADMOTT re-examined. I was in the passage—I saw the prisoner coming down the stairs which lead from the prosecutor's room—the street door was open—there was no lamp outside—I knew her well before—I did not speak to her.
GUILTY of larceny. Aged 45.—Recommended to mercy.
Confined One Year.
Before Mr. Justice Gaselee.
2162. GEORGE CLARK was indicted for feloniously secreting and embezzling a certain letter, containing a £5 promissory note, the property of Mary Emma King, which had come into his hands and possession whilst employed as a letter carrier, by and under the Post-office.—Five other counts, varying the manner of stating the charge.
MESSRS. SHEPHERD and ADOLPHUS conducted the Prosecution.
JOSEPH HICKMAN . I was a waiter at the Angel Inn, at Lymington. Mrs. Fowler gave me a letter in the early part of September—I do not know whether it was single or double—I put it into the office exactly in the same state as she gave it to me—it was in my custody till I put it in—no alteration took place in it while I had it—I put it in in ten minutes—(looking at a letter) I know this to be the letter, by the hand-writing—I know her hand-writing—this is the letter she gave to me—it is directed to Miss King, 5, New-street, Covent-garden, London
Cross-examined by MR. BODKIN. Q. I suppose you have seen Mrs. Fowler write? A. Yes, I have—I know her hand-writing, and know the direction is her hand-writing—I know that to be the identical letter—I put it in the Post-office that day—I know this by the direction—I took particular notice of the direction—the letter was sealed when she gave it to me—I did not know what was in it—I put another letter in at the same time, which Mrs. Fowler gave me.
MR. ADOLPHUS. Q. Do you remember who that was for? A. Yes; Mr. Chittle, of Southampton—I do not live at Lymington Now.
GEORGE EDWARD BARRY . I am a clerk in the General Post-office at London—I remember the arrival of the Lymington mail bag, containing the letters of the 17th of September—it arrived at about half-past six o'clock in the morning of the 18th of September—the prisoner was the stamper employed at the Post-office—I should have to open the bag that day at the E table, and put it on the table to be stamped—the prisoner was officiating at that table that day.
BENJAMIN CRITCHETT . I am inspector of the letter carriers—the prisoner was employed under the Post-office on the 18th of September, and had been so rather more than twelve months—he was employed in the inland-office, where the letters are received from the mails, to stamp a certain portion of them—I can only speak from report as to the table he was employed at—but he was employed as a stamper of letters in the inland-office, and he was employed as assistant to deliver letters in Goldensquare—as assistant to Walton, the letter carrier of that walk—on the morning of the 18th of September, at about out eight o'clock, I called the prisoner into my room after he had finished his stampling in the inland-office—the stamping was all over—I called him from the letter carrier's office, which is in a different room from the inland-office—when he came into my room, walton was there—I asked the prisoner if he had delivered any letter in Lisle-street the preceding day, and a letter in Golden-square to Desvignes—he said he had; that the letters I was questioning him about had been mis-sorted to him—I then said to Walton in the prisoner's hearing, "You hear, Walton, he says you mis-sorted these letters to him"—Walton said he had not mis-sorted the letters to him—I then asked him if he had any letters about his person—he took out of his coat pocket a small book, and some papers, and, after looking over the book and papers hastily, he replaced them in his pocket—I then desired him to let me look over the papers and the book—he took them out of his pocket, and handed them over to me, and among them I found two letters—these are them—I found no other letters about him—one is directed to Miss King, No. 5, New-street, Covent-garden, London—the other to a Mrs. Rotherham, No. 28, Princes-street, Leicester-square
London—I asked him how he came by these letters—he made no reply—I then sent for the Post-office constable, and gave him in charge—when he was in charge of the constable, I repeated the question to him, "How did you come by these letters?"—he said, "I took them from the table in the inland-office, where I have been stamping"—neither of the letters are in the prisoner's delivery—it was no part of his duty to have them in his possession after he left the inland-office—I was present afterwards, when Miss King and Mrs. Rotherham opened the letters—the letters were taken to the solicitor of the Post-office—I saw them delivered to Miss King and Mrs. Rotherham, at Bow-street—I think it was by Mr. Peacock—I saw Miss King break the seal.
Cross-examined. Q. Is it in your department to superintend the mode of sorting or stamping the letters? A. No; it was in consequence of a complaint made to me by Walton, that I sent for the prisoner—his complaint was, that he suspected he kept letters irregularly, for the purpose of getting the postage, not to steal the contents, and it was in consequence of that complaint that I put the questions to him about the letters in Lisle-street and Golden-square—one was directed to Mr. Gibson, of Lisle-street—I did not see that letter—I am not certain whether Walton stated what the postage on Gibson's letter was—there was no complaint at the Post-office that those two letters were not delivered—this letter is marked 11d., that means the postage; a double letter would not be marked so—the other is marked 1s. 6d.—there are many places in Ireland for which single postage would be 1s. 6d., but there is no place in England where it would be 1s. 6d.—there are some parts in Scotland—he did not pull the letters out of his pocket hastily, but looked them over hastily.
MR. SHEPHERD. Is there any thing written on the upper part of that letter as to the postage? A. I cannot read any thing myself, there is an imperfect stamp—I cannot make it out—there is no place in England at which a double letter would be charged 11d., as it is put on this.
WILLIAM BOKENHAM . I am a clerk in the inland-office at the Post-office. These two letters came to the Post-office on the 18th of September last—(looking at them) I know that by their both bearing the stamp of that morning—it was the prisoner's duty to stamp these two letters, he being second stamper at the E table—I have no doubt that these letters were stamped by the second stamper—the prisoner was at the E table in the inland-office that morning—there is the Bawtry penny post-stamp on this letter, directed to Mrs. Rotherham—that would be one penny in addition to the single postage—the word "Bewtry" is not very legible, but I know the letter came from Tickell—I know it must be the Bawtry stamp, as it came from Bawtry, but on looking at the stamp at the back, I know it came from one of forty post towns, of which Bawtry is one—that is the London stamp, which was put on by the prisoner.
Q. But from any stamp on it, when it first came to the prisoner's hands, could he tell where it came from? A. He could not—it has been stamped in a solvently, careless manner—after the prisoner had stamped the letters he should have taken them to the sorting table, which was within a few yards of his table—there was no necessity for him to put them into his pocket—he had no business to take them into the letter-carrier's office—his duty was to take them from the E table to the sorting table, in the same room, and within a few yards of him.
Cross-examined. Q. There is a great deal of business transacted every
morning in the office? A. Every morning; it is performed with great despatch—he stamps the letters as fast as he can—his attention is not draws to the marks, whether they are plain or not—not the post-marks—his duty is simply to stamp them—one person sits directly opposite to him—there are two stampers on one side of the table and three on the other—there were three persons opposite to him nearly the whole time—it is impossible to say for a minute—I see nothing in this eleven-penny letter to indicate that it was more than single—the stampers would not have an opportunity of examining a letter to find the country mark as I have done.
COURT. Q. What was the prisoner's stamp? A. The day of the month, and a private mark, "E 18 Sept. 1835," that was all the stamp he made—here is "Bawtry Penny-post" on it—that is charged for conveying the letter from Tickell to Bawtry, the postage from which is only 10d—that was marked at Tickell.
MR. BODKIN. Q. If his attention was called to the Bawtry mark, he would at once know it was a single letter? A. Certainly—a practical inland-officer could not be deceived into a belief that this was a double letter, but other persons in the post-office might, as there are many double letters which bear the tax of eleven-pence—the letters are separated on the table, paid and unpaid, and franks also, but not at the stampers' table; one pile is put on the stampers' table at a time—the stamper takes them himself from the other table—a clerk examines them, and stands them by the side of a small ridge—by accident paid letter might get mixed with the unpaid—it was the prisoner's duty only to carry the unpaid letters to the sorters' table—if paid letters were accidentally carried with the unpaid, they would be sent back; but I can scarcely see how it was possible for him to do that—it would be discovered by the examining clerk before it got to the prisoner's hands; and if he did carry them to the sorter's table, that sorter would carry it to the paid sorter—it has occasionally occurred in error, that a stamper, who should stamp unpaid letters, has stamped paid ones—they go from the sorters' table to other sorters to be re-sorted, and he told up—that is done in the inland-office.
MR. ADOLPHUS. Q. Is there any circumstance about these letters to make a man mistake them for unpaid letters? A. Not the slightest—nothing whatever—as often as there is a pile, it is handed over from one side of the table to the other—the same man who stamps unpaid letters would take them to the sorter, but paid letters and franks are taken away by other persons.
MARY EMMA KING . I have a sister named Fowler living at Lymington. About the 17th or 18th of December, I expected a letter from her with money—this letter has been shown to me—I first saw it at Bow-streeet—the seal was then unopened—I know the handwriting of the direction to be my sister's—I opened it, it contained a £5 note—the inside is all in my sister's writing—the £5 note is in the letter now—I have received such notes from my sister before, and they have been paid in London—my sister's name is not on the back of the note—it is a Lymington bank note, payable to the bearer.
ROBERT TYRRELL . I am an officer at the post-office. The prisoner was delivered into my custody in Mr. Critchett's room, on the 18th of December—I took him to another part of the office—he then burst into tears, and said, "How could I be so foolish for such a trifle, when I could have got twenty pounds at any time?"—I then told him he had better say no more, as it would be used in evidence against him.
Cross-examined. Q. Did he say by the "trifle" that he meant the postage? A. I suppose he did, as the letter had not been opened.
Prisoner's Defence. The letters came into my possession unknown to me—I neither knew there was any money in them, nor that I had them—I brought some paid letters out of the inland-office, after the man who collects them was gone—I took them to save him the trouble of taking them, and when I got out of the office I discovered that I had got them, but it was quite unknown to me.
JURY to MR. BOKENHAM. Q. As the letters passed through the prisoner's hands, could he distinguish, by the feel, a double letter from a single one? A. He would not be able to distinguish, I should think.
COURT. Q. Before he stamped them they had been charged? A. Yes, a letter is charged at the time it passes through his hands, but his duty is only to look at the back of the letters—he might see the front—if by accient he saw the front of a letter, he must have known whether it was double or single, but he could only see that by accident—it is the invariable practice to hand the letters to him with the back part upwards—they are handed to him perhaps one hundred at a time—I do not think he could tell by the feel whether it was double or single—he could by turning it over and seeing the postage.
NOT GUILTY .
Before Mr. Justice Vaughan.
MR. BODKIN conducted the prosecution.
JAMES SHARP . I am a surgeon, and live in Grosvenor-street, West-square, Pimlico. I first saw the deceased on the 25th July—I found him labouring under an injury over the eye—I attened him three days—he came to me the fourth day, and said he was so well I need not see him again—the symptoms appeared not at all unfavourable—he had merely a black eye—on the 6th of August I saw him again—I found him up-stairs—he complained of a great head-ache—the blackness of the eye had gone off—I consider it was some injury of the nerve—I recommened him leeches and aperient medicine—I attended him till he went to the hospital on the 10th—I was not present at the post mortem examination—I never attended him before.
CHARLES HAWKINS . I am house-surgeon at St. George's Hospital. The deceased was brought there on Monday, and died early on Thursday morning—I made a post mortem examination—I found a very large abscess on the left side of the brain, which communicated with the left ear, through the membrane of the brain, through the bone which was dead—the abscess was quite in the centre of the brain, and that was the cause of his death, no doubt—it had been forming for some considerable time, more than a month—it was not recent—that could not have resulted from a blow in the eye on the 4th of July.
NOT GUILTY .
Before Mr. Justice Gaselee,
2164. THOMAS ROWE was indicted for stealing, on the 6th of October, at Staines, Middlesex, part of a seal, value 2s.; 7 handkerfchief's, value 10s.; 1 pair of scales, value 1s.; 1 box, value 2d.; 2 knives, value 2s.; 1 gown, value 20s.; 3 shawls, value 3l.; 1 scarf, value 1l.; 1 jacket, value 1l.; 2 waistcoats, value 10s.; 1 cloak, value 2l.; 3 coats, value 5l.; and 1 pair of trowsers, value 10s.; the goods of William Rogers, in his dwelling-house.
WILLIAM ROGERS . I live at the Camden's Head, Church-lane, Lime-house. On Tuesday, the 6th of October, the prisoner came to my house with three others, at about eleven o'clock, and continued there until about three o'clock, sometimes in-doors, and sometimes out in the yard—they called for some beer, and Mrs. Rogers served them—I had occasion to go to my bed-room before they left, and when I entered the room, I saw two large bundles on the bed—bed one was tied in a yellow silk handkerchief, and the other in a blue handkerchief—I do not know how they came there—when I first entered the room, I thought my wife might have tied them up—I was cleaning myself in the room to go to the West End, and thought I heard footsteps in the lobby up stairs—I turned round, and saw the prisoner at the bed-room door, with his shoes in his hand—I said, "What do you want here?"—he said, "I have made a mistake, and have come the wrong road"—he turned round, and ran down stairs immediately—I followed him down as fast as I could, and saw him enter a small passage forthy or fifty yards from the house—I followed him enter a small passage, across the next street, and down another street—when I got pretty near him, he dropped a black silk handkerchief—he was stopped by some people in the street, and I brought him home to my parlour—he was very desireous of having his shoes; but as he had run without his shoes, I thought he should return without them—I put him down on one of the seats in the parlour close to the fire-place—he tried to get up two or three times to go to the other side of the parlour after his shoes; and I shook him, and a mahogany box, with money-scales, fell from his clothes—I said, "That is my box, you rascal, you have been into the bed-room before;" as that had been in the drawer of my dressing-table—I put my hand down to his trowsers, and felt something in his pocket, in which I found a knife with my name engraved upon it, and another knife belonging to my wife—he was taken to the station-house by a policeman, searched there, and part of a gold seal was found in a handkerchief tied round his leg under his trowsers—they belong to me—when I returned, I went to the cellar, and found another bundle just against the trap—that contained a silk plaid dress, a silk shawl, and a camel-hair shawl—the bundles were taken to the office, with what was found up stairs—an inventory was taken by the policeman—I cannot say the prisoner had any thing to do with the bundle—he must have been in the room before I saw him there, as he had articles on him which had been taken from there—all the articles in the different bundles had been in that room—the value of all the property is about 12l. 5s.
WILLIAM RONAYNE . I am a policeman. I took the prisoner to the station-house, I serached him, and found a handkerchief and part of a gold seal on him—I got a box and scales from Rogers—I asked the prisoner where he lived, and what was his name—he told me to go and find out—I saw the bundles brought to the station-house by the prosecutor—the sergeant took an account of them—Rogers has a copy of it—the sergeant is not here.
the prisoner came to the house, and some in chests—I saw them there the day before—my wife is not here—I had seen the property that day or the day before—I never saw the other boys after two o'clock.
Prisoner's Defence. I was walking through the passage to the bar—I saw a man coming up the cellar stairs—I looked down at his feet, and saw the handkerchief and seal lying there—he walked up stairs—I thought he was after something wrong—I put some things in my jacket and some in my pocket, and went up stairs—I heard somebody halloo out, and ran down, and the landlord collared me—I said, "There is a man up in your room," but he would not listen to what I had to say, nor where I got the things.
WILLIAM ROGERS . He did not speak to me till I brought him in from the street—when I first saw him, he said, "I have come the wrong road"—he said nothing at any time about a man being up stairs—I did not ask how he came by the things.
GUILTY of stealing to the value of 99s. Aged 16.— Transported for Seven Years.
Fourth Jury, before Mr. Recorder.
MARY EATES . I am the daughter of George Eates, and live in Garden-walk, Rosomon-street, in the parish of St. James's, Clerkenwell. On Tuesday, the 29th of September, he gave me five sovereigns to pay our quarter's rent—I placed them in a drawer, and afterwards removed them to a trunk, expecting the landlord to come every day—on the 4th of October, I put them on the dresser, behind a large dish, in a piece of brown paper—my mother was present when I put them up—I missed them on Thursday, the 8th—the prisoner was washing in the house at the time I missed them—she was in the wash-house, near the room—she came to assist my mother, who is a laundress—the prisoner remained there on the 8th, and worked there the next day—she had no occasion to come on the Saturday, and did not come back—I met her in Rosomon-street with a constable, as I was going to her lodging—she was coming to our house—I said, "Ann, you are guilty"—she said, "Guilty of what?"—I said, "Stealing the money "—I did not tell her what money—I said, "Ann, you are the guilty person; you had better tell me if you have got it or not "—I knew she had got it—I thought of getting it back.
Cross-examined. Q. You never knew any thing dishonest of her before? Q. No.
JOSEPH STEPHENS (policeman G 184.) I was at the station-house when the last witness came, and I went to Rososmon-street, and took the prisoner into custody—I took her to the station-house—I said nothing to her—I went with her to No. 1, Jerusalem-court, St. John's-square—I there saw four sovereigns in a small box, put into a larger box—the prisoner showed it to me herself, in a paper, which I produce—she said it was her lodging—she put her fingers into the small box, and said, "There it is, policeman," and produced the four sovereigns and paper—I did not hear any promise or threat used to her in my presence, to my recollection—she said at the station-house, if we would let her go she would give up the money—three shillings and twopence was produced from her person when she was searched.
two o'clock—she had been there from the morning, and two days before—she must have taken it all at once, I am sure—there is a large family, and they were always in the room—I am almost always in the wash-house, washing and turning the mangle—the prisoner was in the room at meals, and often at other times—she did not come till eight o'clock in the morning—she did not see me place the money behind the dish—she was there that evening, but not at the time—I cannot say on what day it was taken—there was generally somebody in the room—I know she had to money.
Cross-examined. Q. Had any other person been to see you during this week? A. Not that I know of—the prisoner had worked for us about a month or six weeks.
MARY EATES re-examined. The paper was new when I put the sovereigns into it, and I cut it square—this paper looks like it—it is not square now, but it has been twisted up a good deal with the money—I think it was about the same size.
NOT GUILTY .
JAMES TUCKER . I am an apprentice to Mr. James Mudford, a woollen-draper, in Kingsland-road. On the 8th of September the prisoner came to the shop in company with another man, and asked me for some straps for the bottoms of trowsers—I told tim I had got none—he asked me for some buttons—I showed him some, and served him with a dozen, which came to two-pence, and which he paid me for—his companion had his back to me, and, while I was serving the buttons, the companion took this cloth off the counter—they had both come in together—I had seen them together two minutes before—the other man did not ask for any thing—I had seen them pass the door together two minutes before, but only once—they came in together, as if in company—while the two-pence laid on the counter, the other man ran off with the cloth, and the prisoner ran with him, close at his heels—I gave an alarm—they were then running together—I followed them to the bottom of Edward-street, which is six or eight houses from our shop—they turned the corner together—when they passed the door together they passed slowly, and had to return to enter the shop—the cloth measured twelve yards, and is worth 1l. a yard—I saw the prisoner in Charles-square, a fortnight after, and followed him into Wilson-street, and gave him in charge of the constable—he said I must be mistaken.
Cross-examined by MR. MAGUIRE. Q. Was any body else in the shop besides you? A. No—it is a good-sized shop—I am there most of the day—there are two counters—I knew the prisoner's features again—I knew his face, and he is rather bow-legged—he has two spots in his face—I do not know whether I told the Magistrate so the first time I was there—I mentioned it the second time—I was not asked about his appearance the first time, so much as after—the Magistrate asked how I knew him—I said by his features and face, and that he had white trowsers on—I did not tell the officer about the spots—the gaoler said there were not white spots in his face, but I believe it was directly contradicted—they did not speak
together in the shop—I know nothing of the Magistrate's going to discharge him till I mentioned about the spots.
GEORGE DEWAR (police-constable G 151.) I apprehended the prisoner. Tucker pointed him out—I accompanied him to his lodging—he told me it was his lodging—I found a pair of white trowsers there in the parlour, in a chest of drawers—there was a female lodger in the house, who he called his wife—the lodging was in York-place, Walbrook—I had heard the boy tell the Magistrate he had white trowsers on when he came into the shop—there were several old pairs of black trowsers, and two or three coats.
Cross-examined by MR. PHILLIPS. Q. Was not the prisoner identified at the office by the pimples on his face, was not that put forth? A. Yes. it was—it was not mentioned when he was given in my charge—I believe it was at the second examination the pimples were named—the gaoler was there at the time—he was not examined.
COURT. Q. At the time the pimples were referred to, did you observe whether there was such an appearance or not? A. Yes—when it was mentioned to the Magistrate there were two pimples on his face—it had not struck me till the boy named it—the pimples did not appear fresh—they seemed to have been there some time, but I did not notice them at the first examination.
Cross-examined. Q. Did you say before the Magistrate that you had the least recollection of him by his voice? A. I was not asked—I was asked how I knew him—I did not mention his voice—if I had been asked I could have mentioned it—I did not mention the pimples at the fist examination—the second examination was on the Thursday—I was examined three times.
Q. Did not the gaoler, in his presence, say he had no pimples on his face at the first examination, when you mentioned it at the second? A. Yes, he did; but I rather think he was contradicted by the Magistrate, but I will not take my oath of it—they were it the shop at about half—but one o'clock in the day.
Prisoner's Defence. I am innocent of the charge.
SARAH WIELAND . My husband is a watchmaker, and we live in Church-row, St. Luke's. I remember Tuesday, the 8th of September last, perfectly well—the prisoner lodged at our house with his wife—he came home at about half-past twelve o'clock that day, and I was talking with him until half-past one o'clock—I was going to the West End, and he asked if I was going to see the review—I had heard there was to be a review, on account of its being the King's coronation—he was in my house that day until half-past two o'clock—I heard him talking to his wife and sister in his own apartment.
COURT. Q. What business is he? A. A tailor—he had a pair of dark trowsers on, and a close black-bodied coat—I think the trowsers were black—I was standing at my door, and going to my son, who lives in Chandos-street, who was very ill at the time—I looked at the clock, and it was twenty minutes after one o'clock, and I stood talking to him a long time after that—I started at half-past two o'clock—I live about half an hour's walk from St. Leonard, Shoreditch—I do not know Mudford's house—the prisoner worked at his trade at home, mending Wang making—he makes up materials—my house is right against the church—I never
saw the prisoner wear white trowsers—my husband came in to dinner at half-past one o'clock that day—he was here, but he has got some Turkey work to do, and was obliged to leave at five o'clock, and he thought I should be quite sufficient—the prisoner's sister was here—I do not see her now—I came with her, and saw her about two hours ago; she was taken poorly in her inside, and said she would come back again.
GEORGE DEWAR re-examined. I found a thimble and measure in his pocket, and some tailor's thread, at his lodging, but no work—I found one pair of old black trowsers, one pair of brown, and one pair of white.
JAMES TUCKER re-examined. Q. What description of cloth was this? A. Black cloth for coats—our house is four doors from Shoreditch—it would take a quarter of an hour to go from there to St. Luck's Church—we were at dinner—I had just done dinner, and we dine precisely at one o'clock, but were rather later that day, for the cloth which was stolen was sold, and I had been rolling it up to go out, and dined rather later than one o'clock.
JURY. Q. Has the prisoner an impediment in his speech? A. Rather—I do not think I should know the other man again, as he was not in conversation with me—he bought some black buttons for waistcoats.
COURT. Q. In what respect is his voice peculiar? A. He has rather an impediment—he rather stammers—not exactly stammering, but rather a peculiar voice.
Prisoner. I deny all knowledge of ever being in the shop, or knowing where it is. Witness. I swear positively he is the man—I have not a doubt of it—from the time the cloth was lost, I always said I should know him again—he had a black hat on—I saw him without a hat before the Magistrate.
NOT GUILTY .
NEW COURT.—Wednesday, October 28th, 1835.
Sixth Jury, before Mr. Recorder.
GUILTY . Aged 44.— Confined Six Months.
GUILTY . Aged 35.— Transported for Seven Years.
2170. LOUISA WALLIS was indicted for stealing, on the 11th of September, 1 watch, value 5l.; 1 seal, value 1l.; 1 watch-key, value 10s.; and 1 ring, value 5s.; the goods of Elizabeth Reed Wild; and 1 watch-chain, value 2l.; and 1 seal, value 30s.; the goods of Robert Balansard, her master; to which she pleaded
GUILTY . Aged 19.— Transported for Seven Years.
GUILTY . Aged 46.— Transported for Seven Years.
HUGH HENRY CAMPION . I am shopman to John William Fryett, of High-street, Shadwell; he is a pawnbroker. On the afternoon of the 16th of October, my attention. was called by Robert Clark, to something which was alleged to have happened—I missed a violin from inside the door—I went into the street, and Clark pointed out Godfrey—I pursued, and found him with the violin concealed under his apron—I took it from him—there was another person running on, some little distance before him—we lost nothing but this violin, which is the property of my employer—there was person like the other prisoner with Godfrey, but he got away at that time.
ROBERT CLARK . I am shopman to Mr. Johnson, a hatter in Shadwell. On the 16th of October, I was standing by our door, which is opposite to Mr. Fryett's. I saw the prisoners standing by the door—M'Gowen snatched at the violin, and after two attempts he got it, and handed it to Godfrey—I am certain he is the man—he ran away at that time.
THOMAS JOHN PAGE . I live in the Commercial-road. I saw Godfrey inside the prosecutor's shop, in charge of the shopman—he was given in charge to the officer, who was bringing him along the street, and M'Gowen came, and whispered in his ear—I pushed him away—I did not know who he was—but Mr. Jackson's foreman came up, and said, "Lay hold of him, that is the one who took it off the rail."
ROBERT WITTLETON (police-constable 152 K.) I took Godfrey into custody. He said that he had no money, nor work, nor any thing to eat, and he must do something to live—I found two knives, and a bad shilling on M'Gowen—I found a silk handkerchief on each of the prisoners.
Godfrey's Defence. I was in Mile-end New Town workhouse for two years and a half—they gave me 5s., and told me to go out, and if I did not like to take that, they would turn me out with nothing—I could not get any employment—I had bought the handkerchief while I was in the work-house—I was going along the street, and this prisoner gave me the violin.
M'Gowen's Defence. I took the violin, and gave it to this lad—I had been in the workhouse, and was turned out with this boy—the officer took the handkerchiefs from our necks.
COURT. Q. How came you not to tell the Court at first that you took one from the neck, and one from the pocket? A. I did not know but that I did say so.
M'Gowen. We both had the handkerchiefs on our necks—mine was tied loosely behind, as I am subject to fits—the officer who took it off, said, "These are better handkerchiefs than boys can wear who work so hard."
MCGOWEN— GUILTY . Aged 18.
GODFREY— GUILTY . Aged 18.
Transported for Seven Years.
SARAH DEADMAN . The prisoner was six months in my employ—I deal in marine stores—he received money for me—he did not account to me for 7s. received from Mr. Wood—he gave me 4s., 4d.—he did not account for any part of the sum of 9s.
MRS. DEADMAN. My shop is in Golden-lane. The prisoner used to attend in it, and I used to send him out—these sums were paid for rags sold from my shop—there was no one that he should account to, but me—he had no wages—I was to find him in clothes and washing, and do for him as if he was my own son—he left me, and then surrendered to the police—he has lived with me six months—I have know him from a child—he behaved very honestly to me and my husband before.
GUILTY . Aged 22.— Confined Six Months.
JOHN IRELAND . I am a silk-mercer, and live in Lamb's Conduit-street In the afternoon of the 14th of October I was in George-street, St. Giles's between one and two o'clock—I felt something touch my coat—I immediately looked round, and saw two boys behind me—the prisoner was one—he had my handkerchief in his hand—he ran off—I followed and took it from his hand—the moment I turned round the prisoner was close behind me—almost touching me, and had got it in his hand.
(Property produced and sworn to.)
Prisoner. The other boy took the handkerchief.
(Richard Smith, ivory and bone brush-maker, Great Windmill-street, Haymarket, gave the prisoner a good character, and promised to take him as an apprentice.)
GUILTY . Aged 13.— Confined Seven Days.
2175. JOHN BOLTON was indicted for stealing, on the 30th of septemper, 3 bushels of oats, beans, and chaff, mixed together, value 6s.; and 1 truss of hay, value 2s.; the property of James Montgomery, his master; and THOMAS TYLER for feloniously receiving the same, well knowing the same to have been stolen.
RICHARD CLARGO . I am a labourer, and live at Brentford. I was in the employ of Mr. James Montgomery, of Old Brentford, a timber-merchant—it was my business to accompany the driver of a timber-carriage—the waggon was loaded with deals to take to Eaton, about three weeks before the prisoner was apprehended, the waggon was sent out about five o'clock, as near as I can tell—there were two sacks of chaff, and corn, and beans, and two trusses of hay—it was Bolton's business to put up the corn and chaff—he was the carter—that was my master's corn and chaff, which he serves out to the horses—it was not usual to take out so large a quantity—we are allowed when we go out with six horses half a bushel of beans, one bushel of oats, and the sack filled with chaff—we went to the White Bear, at Hounslow, and had some beer there—the carter went in and I followed him—as we were coming out, he said he should like to have a pipe of tobacco—we had one apiece—Bolton then called Tyler out, and said he wanted to speak to him—he went out, what they talked about, I so not know—I followed to look after the horses, and saw Tyler take the sack off the carriage, and carry it into the yard—when it was full, the sack contains four bushels, but it was not
exactly full—there was as much as three bushels in it, not more—Bolton then took a truss of hay off the carriage, and followed him into the yard with it—it was a much larger quantity than was usual to take out—we had two sacks, and we never had but one before—I do not know where Bolton left the hay.
Cross-examined by MR. PHILLIPS. Q. Did you see these sacks filled? A. No; I did not see the contents—I saw the contents of one with which we baited the horses—I have sworn to what was in them, because there was nothing else to put in—I never went by the name of Clarke—I have lodged with a person of the name of Mole, and at Mr. Tadd's, and before that at Staines—I never went by the name of Clarke there—I am now in Mr. Montgomery's service.
COURT. The deposition deposes, "I was lately in Mr. Montgomery's service." Witness. I am now in his employ—I have been away a day.
Q. Did you see the sack, which Tyler took off the carriage, opened in the course of the journey? A. No; I cannot say what was in that sack—the other sack was opened, it was as full as it could hold—I did not see where the first sack was brought from—the sacks are always brought into the stable overnight—I did not see what became of the truse of hay after Bolton took it into the gate—Tyler took the sack in, at the same time.
PETER JENNINGS (police-constable T 77). I apprehended Bolton in Mr. Monthgomery's yard—I apprehended Tyler at the White Bear, at Hounslow, he is under ostler there—he was pointed out to me by the prosecutor, who said, that was the man who had taken the sack—I asked him if he knew any thing of Mr. Montgomery's carter—he denied knowing him—I asked if he took any corn off his carriage—he said no, he had done nothing of the kind—I said he should come with me to Brentford, and be exonerated from the charge; and as we went along, several persons met him, who knew him, and asked where he was going—he made no answer—I said, "You know whether you have committed yourself or no"—he said, on one occasion, he took one truss of hay off the carriage that was borrowed before by the carter, and he paid him one in return—he said nothing about the corn and beans.
NOT GUILTY .
2176. JOHN BOLTON was again indicted for stealing, on the 2nd of October, 4 bushels of oats, beans, and chaff, mixes together, value 8s., the goods of James Montgomery, his master; and THOMAS TYLER was again indicted for feloniously receiving the same, well-knowing the same to have been stolen.
RICHARD CLARGO . I went out with the wagon on the 2nd of October—I was putting the harness on the horses that morning, Bolton said, "Mate, hand this sack up to me, which I did—he went to the corn-bin and filled it as full as it would tie—it contained oats, beans, and chaff—there was only that one put on the waggon—Bolton took it off at the White Bear, and carried it into the yard—I saw Tyler there, but did not see him do any thing.
Cross-examined by MR. PHILLIPS. Q. Was this stated at the police-office? A. Yes; the prisoners were present—it was written down before the prisoners came in—I stated nothing about the 2nd of October in their presence—it was not asked about—they were there when I was giving an account of the 30th of September—I do not know that this was not done by Mr. Montgomery's direction.
COURT. Q. What did Bolton do to feed the horses that day? A. He did not feed them at all that day, only with hay.
PETER JENNINGS . This case was stated before the Magistrate—the deposition was taken before the Magistrate came in, and it was read before the prisoners at the bar, that they had committed this—I know no more than what was stated before the Magistrate, but the evidence was not sworn, as it was written before the Magistrate came.
NOT GUILTY .
JOHN WILLIS . I am a journeyman in the employ of Joseph Thorn, a plumber, of New Brentford. The prisoner was in the habit of working occassionally for Mr. Thorn—we missed two pieces of lead, in the course of the 12th of October—the first about 151bs. Weight and the other 121bs, weight—in the evening I saw him come up the yard towards the street—he appeared to me to have something under his coat—I went out at the side door, and met him as he was coming up the yard—I found this piece of of lead on him—I could not identify it—I had such lead in my master's employ—that weight 121bs—he was carrying it inside his great coat, in a large apron, and he had one inside his apron and coat—he had been working at the plumber's shop—there was lead in that shop of the same description as that in his apron—he could have no occassion to carry sue✗ad—he said it was the first time he ever did any thing of the sort—I missed some lead which I had marked in the day-time.
Prisoner. I am sixty-eight years of age, and ruptured.
GUILTY . Aged 68.— confined Six Months.
Before Mr. Sergeant Arabin.
WILLIAM COWDEROY . I am a coach-proprietor. I borrowed a great coat of Mr. Trevett, on the 24th of September, at nine o'clock in the evening, when I met him in the Edgeware-road—I returned that evening about eleven o'clock, and left it in the chaise in my coach-house—the prisoner was a servant on the premises—the next morning I sent my female servant down, and the coat was gone—the premises was the first to come there in the morning—he always came before the other men—I accused one man and then another as the thief.
Prisoner's Defence. I picked up the duplicates in Chapel-street, Edgeware-road,
on the Saturday before I was taken—I meant to have gone to the pawnbroker with it, when I was taken.
GUILTY . Aged 42.— Transported for seven years. There were two other indictments against the prisoner.
RICHARD ABLA . I live in white Lion-street, Seven Dials. The prisoner occupied an apartment, ready furnished—she had lodged just one month with me, when I missed these things; she had one room—she paid me 11s., and owes 15s.—she went away without notice—I then forced the door open, and missed these things.
Prisoner. I had not left my lodging at all, neither did I pledge the things myself—my intention was go to get them out.
JOHN ANDREW SIMPSON . I am foreman to Thomas Benn Sowerby, a pawnbroker, in Long Acre—I have a shirt, blanket, pillow, and candlestick, pawned in the name of Jackson and Marshall, not by the prisoner—I have known her ten years—these are the duplicates I gave.
RICHARD ABLA . These are my things—she passed for a married woman, and said she had an income coming in regularly—nobody lodged with her that I ever saw—the person who recommended her said she got 50l. a year.
GUILTY . Aged 33.— Confined three Months.
JAMES BRIGHTIN . I am a poulterer, and live in Rupert-street. I lost a cart, on the 19th of October, from Fann-yard, Berwick-street, where I used to keep it—the prisoner was quite a stranger—I was told that it was him who took it—I saw him on Monday afternoon—the 19th was on saturday, I think—I asked him where the cart was that he took away—he said he Knew nothing about it—I gave him into custody, and then he said, if I would not be hard with him, the cart should come home the same night, it was only lent for a job—the policeman accompanied me over the water, to where he said the cart was—James Ball had it over the water, for a job—we went there and found it.
Prisoner. I told the gentleman I could bring it home in an hour, without any policeman—he said no—the cart had been Knocking about a month or five weeks—nobody knew who belonged to it.
JAMES KENNERLY . (police-constanle C 30.) Brightin gave the prisoner into my custody. He said he was very sorry, and hoped Mr. Brightin would not be hard with him—the cart should be returned in two hours—I went the next morning and found the cart in possession of Ball.
WILLIAM LEWINGTON . I am a smith, and live in Fahn-yard, where the tradesman have stables. Last Sunday week, in the evening, the cart was taken away—I saw the prisoner take it away, and followed it into Portland-mews—I have known the prisoner twelve or fifteen months—he is a
a horse-keeper—I never knew of any thing wrong of him before—I have seen the cart since.
JAMES BALL . I am a fishmonger, and live at No. 1, Robert-street, George-street, Blackfriar's-road. The prisoner brought the cart to me last Monday week, to know if I could get a customer for it—I told him I would try what I could do—he said if I could get him a customer, he would give me 5s. for my trouble—he told me to ask 4l., and not take less than 3l. 10s.—he said he would come at night for it, if I did not sell it, but he was taken, and did not come back at all—I had known him between two and three years—he used to live at Mr. Coxall's, in Stangate-street—the cart was not sold—I was bid 3l. 5s. for it, and could not take less than he told me.
(Mr. Harlin, of Broad-street, Golden-square, gave the prisoner a good character.)
GUILTY. Aged 38.—Recommended to mercy by the prosecutor — Confined Six Months.
2181, EDWARD JACQUES was indicted for stealing, on the 1st, of October, 1 shawl, value 10s.; 1 gown, value 4s.; 1 bed-gown, value 1s. 6d.; and 1 night-cap, value 6d., the goods of John King; and 1 pair of boots, value 9s.; and 1 pair of stockings, value 1s., the goods of George Gibbs.
ELIZABETH KING . I am the wife of John King. I came to town by the Cheltenham van, on the 1st of October, with George Gibbs, from Oxford, and stopped at one end of Fleet-street—I had a band-box with me—the prisoner got out in Oxford-street—he had travelled from Oxford with me—I found him in the van when I got in—I was going to get out in the Edgeware-road—that is where I first missed my clothes—I asked Gibbs to give my box forward—he said he was going to get out—I came to my box and found it was light—I missed the gown and shawl—I called the waggoner—he told the guard to go down Oxford-street and Holborn, and then I came on, and went to a friend to leave my other things, and met the policeman with the prisoner—my property was found on him.
WILLIAM RAIT . On the 1st of October, about six o'clock, I received information that a robbery had taken place, giving a description of the person, and I stopped the prisoner on Holborn-hill with the things—he was carrying them in his hand.
Prisoner. You did not stop me at all. Witness. He was stopped by a person who had information also—I saw him stopped, with his property and a pair of boots and stockings in the same bundle.
(Property produced and sworn to.)
GUILTY . Aged 18.— Transported for Seven Years.
2182. SUSAN FITZGERALD was indicted for stealing, on the 24th of October, 2 shawls, value 7s.; 1 cloak, value 2s.; 1 petticoat, value 2s.; 1 cap, value 2s.; 1 sovereign; and 1 half-crown; the goods and monies of Mary Bonham.
I let it her for 1s. 6d. a week—she showed me a letter she had from Ireland, where she had property coming to her, bedding, and money, and other things—she had nothing to support her, and I supported her nine or ten days—I took pity on her—she got me to write a letter to her mother, telling her the situation she was in, and there came a letter to me from her mother on the 22nd or 23rd—I went to the waggon-office to see if this property was come, and it was not—she was taken ill on the night of the 23rd—she was up and down stairs, and between four and five o'clock the next morning she got up—I thought she stopped too long in the yard—I got up to see about her, and missed all my things—I then searched my pocket, and missed the sovereign and half-crown—all was gone—I never saw her again till the 10th of this month—I met her in Manchester-street—she denied me and did not know me, till I was determined to give her in charge, she then begged me not to expose her—she wished me to come to her room, and said she had plenty to make me amends for my loss—she took me down Bond-street, through Berkeley-square—I found she was leading me astray—I was very ill and just out of the hospital—I said I would go no further, and she ran away—I cried, "Stop thief!"—she was taken in Mays'-mews and brought to me—she begged me not to give her to an officer—I had to pay this money, as I had borrowed it.
Prisoner's Defence. I had two sovereigns of my own, and placed a sorereign and a half in her hands till I should want it—when I wanted it, I told her—she said she would borrow it for me—she borrowed it the same night, and told me she would call me at four o'clock, and she told me to take the money in the morning, which I did—I had left my things there to the value of 35s.
Witness. she did not leave a thing behind her, nor a farthing—she never had a halfpenny but what I provided her with.
GUILTY . Aged 19.— Transported for Seven Years.
JAMES WARD . I am a waiter at a concert and exhibition room, No. 6, Leicester-square. On the 13th of October, a few minutes after three o'clock in the morning—I was with a friend, and he had a very bad cold, I had the same myself—we went to the public-house opposite, and had some rumand-water with some butter in it—when I came out, I saw this young woman, whom I had seen several times but never spoken to her—I asked her, how a friend of hers was, whom I knew—she came over to me—I stopped for a minute at the other door, which was shut, speaking about him—the policeman said, "You must not stop here"—I went home to my own door, about 150 yards off—I said, "Good night"—she put her hand into my watch-pocket, and took out a sovereign and two half sovereigns—I said, "Stop, it is not all right"—I missed the money—she was going—and the policeman stopped her—he caught her hand and found two half sovereigns and one sovereign.
Cross-examined by MR. PHILLIPS. Q. How long were you in this public-house? A. About an hour and a half—we had drunk, I should suppose, two glasses of rum-and-water between us—it was either one or two apiece—when I went to the first public-house, I knew what I was about—I then went to a public-house in Jermyn-street, kept by a widow—I think
we had there two glasses of rum-and-water—it was not more—the gentleman with me, was a perfomer at the establishment—I have been allowed a benefit—I sung one song there—we went to Mr. Bicknose, at the corner of Leicester-square—we did not drink more than two glasses between as—I did not say, "I have given you two sovereigns by mistake"—I gave her nothing to drink—I was not talking more than four minutes—she said the next morning, that I had given her one shilling, but I had not.
JAMES CONDIE (police-constable C 189.) The prosecutor called me, but I had before spoken to them, at a dark door, and told them to move away—I went round my beat, and saw them near the same place—I said to the prisoner, "What do you want with a drunken man?"—she said, "I know him"—I said, "You can't mean any good"—he then said, "Heigh, heigh, that woman has got a sovereign, and two half-sovereigns"—I saw her moving her hand to another female—I said, "What have you got there?"—she said it was a shilling—I opened her hand, and found the sovereign and two half-sovereigns—the other female said, "What she has got there is only a few halfpence, given her by a gambler."
Cross-examined. Q. Are you sure she said that in his presence? A. Yes; he seemed to have been drinking, but he seemed to recover from it—the last time I saw them he was leaning against the rails, and she stood before him—they were about twenty yards from the theatre.
Prisoners Defence. He gave it me, and said, "You are very wet, go and get something to drink"—he then said, "I have made a mistake"—I opened my hand, and said, "What you have given me, here it is."
NOT GUILTY .
WILLIAM HARROWSMITH . I bought the duplicates of two coats of the prisoner—he said one of the gentlemen's servants gave him the duplicates—I am a boot-maker to the Life Guards—I was to give a sovereign for these duplicates.
EDWARD TYRRELL . I am an inspector of police. From information which I received after the prisoner was in custody, about a saddle, I went to the harracks, and they told me there had been many things stolen—I went to the pawnbroker's and found these two coats which had been stolen from the barracks—one eighteen months ago, and one three years ago—I got the duplicates from Harrowsmith.
HENRY THORN . I am servant to Captain Mortimer Ricardo, of the 2nd Life Guards. The prisoner has been helper in the barracks and stables—this is one of Captain Ricardo's coats—I lost it three years ago, from the kitchen of the mess-room—it was pawned on the 16th of September, 1834.
Prisoners Defence. I never pawned the coats—I bought the tickets of the servants who lived with Captain Ricardo—they have left the barracks.
(Eliza Colly, of Praed-street, and Thomas Corduck gave the prisoners good character.)
GUILTY . Aged 28.— Transported for Seven Years.
There was another indictment against the prisoner.
2185. WILLIAM WILLIAMS was indicted for stealing, on the 16th of October, 1 sovereign, the monies of Henry Robert Storey, from the person of Henry Robert Storey, the younger; and that he had been previously convicted of felony.
HENRY ROBERT STOREY . I am a coal-dealer. My son is not more than eight years old—he was sent with some goods to Mr. Warren's in the Strand—the prisoner was in my service at the time—my son went with him—he took down 11s. with the bill, and was to bring back a sovereign—the sovereign was given to my son—I never saw the prisoner again till the Thursday following—he had been in my employ for four months—he gave me no notice of leaving.
HENRY ROBERT STOREY, JUN . I go to church—persons who tell lies go to hell—I went with the prisoner on the errand to the blacking manufactory—I took down 11s.—we delivered the goods and I received the sovereign, and the prisoner dragged me down Hungerford Hay-market, he then rubbed my hand, and took it out of my hand, and ran away with it.
GUILTY . Aged 17.— Transported for Fourteen Years.
Fifth Jury, before Mr. Common Sergeant.
JOHN HUTCHINSON EVANS . I live at Mr. Darwes, in Penton-place, Walworth. I was at the corner of Harp-alley, at twelve o'clock at night, on the 10th of October—I was coming down, and was accosted by two or three girls, who jostled me very much—a man made a grasp at my watch, and ran off with it—I cannot tell who it was—this is my watch—it was fastened round my neck by a ribbon—this alley is just leading into Farringdon-street, on the left-hand side going from Fleet-street.
Cross-examined by MR. DOANE. Q. Had you been dining out? A. Yes; I was not quite sober—I knew what I was doing perfectly well—I was jostled by a number of persons, one of whom took the watch—I was walking straight—I did not stop—I was not talking to two girls of the town—I was coming down for the purpose of taking a cab at Blackfriars'-bridge—there were five or six altogether—the women did not speak to me particularly—I called the policeman directly—I do not think I gave him a description of the watch—I sent a note of it on Monday, which I had in my desk.
COURT. Q. Were you sober enough to be able to swear that the watch was taken from you by somebody, by violence? A. Yes; that I can—there were several of them, and one tore it from me.
MR. DONE. Q. Did you after this go home to sleep? A. I went straight home from the watch-house—the constable did not take me any where.
JAMES MERRY . I am a watchman of St. Bride's. I was on duty on the 10th of October, at about half-past twelve o'clock. I heard a cry of "Stop thief," and saw the prisoner run away—I ran after him, and caught him—he got from me—I caught him again—when I first saw him, he was at the end of Black-horse-court, Farringdon-street—Harp-alley is about twenty-four doors from there—when he got away, he was stopped by a
young man, who was coming down the court, who gave him into my custody—I know Elizabeth Sheppard's house, No.5, Harp-alley—that is not far from the spot—I first saw him in Farringdon-street.
JAMES MERRY re-examined. Harp-alley runs into Farringdon-street and into Shoe-lane—the prisoner was running towards Harp-alley—he was just at the corner when I first caught him, he then got away—I do not know how the numbers are situated.
MR. DOANE. Q. Were there not some women running about? A. Yes; two women of the town were taken up on this charge, but not that night—I did not see them there—I was at the end of Farringdon-street—I saw the prosecutor at about half-past twelve o'clock, on Saturday, at the Watch-house—I did not notice whether he was drunk—I do not know what became of Mr. Evans—I left him there about five minute before one o'clock—I then went in the street again.
COURT. Q. What did you say to the prisoner when you caught him the first time? A. He struggled and got away from me—he pummeled me about the second time a little—I told him, if I had my staff I would have knocked him down—there were no others running beside him.
THOMAS MARSHALL . I live at No.17, Poppin's-court, Fleet-street. I was coming down Harp-alley, from Shoe-lane, and met the prisoner running up Harp-alley fast—I heard the cry of "Stop thief"—I pursued, and overtook him, and brought him back—I gave him in care of the watchman—he broke loose—I pursued and brought him back again—I observed something bright pass from him to another party, and something bright hanging out of his hand—I cannot say it was a watch, but it appeared like the ring of one.
Cross-examined. Q. Did you see many girls running about? A. No; I did not tell him what he was charged with, for I did not know—I saw something bright in his hand within about five yards of the bottom of Harpalley, near to Farringdon-street end—he was in care of the watchman when he handed this over—he could not have thrown away any thing in Harpalley.
COURT. Q. What direction did the man go in who had the bright thing given to him? A. There were a number of persons assembled, and he mixed with the crowd at the corner of Harp-alley, in Farringdon-street.
ELIZABETH SHEPPARD . I live at No. 5, Harp-alley, about half way up the alley—I do not known whether No. 1, joins to Farringdon-street—we live about eight houses from Farringdon-street—I found this watch in our shop on that Saturday night, between twelve and one o'clock—I did not hear the cry of "Stop thief"—it was lying in front of the counter—I had not put it there—I had not been in the shop for half an hour.
Cross-examined. Q. Did you see any paper? A. There was a paper by its side, as if it had been wrapped in it—there is a court called Poppin's-court, in addition to the houses in the same line.
(W. Howell, of Eyre-street, engraver; Daniel Walton, tailor, Northampton-street;----Murridon, of Charles-street, Hatton-garden, gave the prisoner a good character.)
GUILTY. Aged 18.—Recommended to mercy by the Jury.
Transported for Seven Years.
MR. ELLIS conducted the Prosecution.
GEORGE FLOWER. I am a licensed victualler, and live in Carey-street, Lincoln's-inn. I saw the prisoner at my house on the 22nd of October, just about half-past ten or eleven o'clock—he asked for a pint of porter, which came to 2d.—I served him—he offered me a shilling—I instantly observed it was a bad one, and gave him change, and put the shilling on one side—he staid some time, then went away—I put the shilling into a drawer by itself—there was some conversation between us—he was talking about being in the country, and going from one place to another—I saw him again on Saturday evening, two days after, at about seven o'clock—he called for a pint of liquor of my wife—I saw him give her something, and said, "What has that man given you?"—she said, "He has given me sixpence" I said, "Give it to me"—the minute she gave it to me I ran round the counter, and said, "You gave me a bad shilling on Thursday, now you are giving a bad sixpence"—I sent for the policeman, who took him—he found three bad shillings, and two bad sixpences over to the officer.
JAMES SMITH (police-constable F 123.) I took the prisoner in the public-house—I found three base shillings, three base sixpences, and two shilllings and sixpence good money on him—I received this shilling and sixpence from George Flower.
JOHN FIELD . I am inspector of coln to the Mint, and have been so many years—I have examined these—here are three counterfeit shillings, and two sixpences, and this shilling and sixpence are bad—they are not all of the same die—this half-crown is good.
MR. CLARKSON addressed the Jury.
Prisoner's Defence. I took them in a shop—I had two or three pints of beer there.
GUILTY .— Confined One Year.
NOT GUILTY .
OLD COURT.—Thursday, October 29th,
Fourth Jury, before Mr. Common Sergeant.
GUILTY — Transported for Seven Years.
Before Mr. Justice Patteson.
MESSRS. SHEPHERD and ADOLPHUS conducted the Prosecution.
BENJAMIN CRITCHETT . I am an inspector of letter-carriers. I have been in the Post-office forty years—if a letter-carrier of one division finds a letter directed to another division, if he discovers the error of its being. mis-sorted while he is in the Post-office, he should transfer the latter to the proper carrier to deliver it—it is passed regularly through the different books—it is not delivered to the letter-carrier immediately by the person finding the error, but through a charger—if he discovers a letter missorted to him after he leaves the office, it is his duty, after delivering all his own letters, to deliver the letter, so missorted, wherever it is addressed—I am supposing the letter being missorted, is charged to him in the lump—he should pay the postage to the Receiver general—it would make no difference in his amount.
Cross-examined by MR. BODKIN. Q. This rule applies to letters mis-sorted by accident, and include in the charge to him? A. Exactly no.
MR. SHEPHERD. Q. Suppose the letter is not missorted, and comes to his hands honestly, suppose it was dropped, and he found, it in the street? A. It would be his duty to deliver it, and receive the money, and then he ought to report it to the Post-office next day, and get himself charged with it.
JURY. Q. Do you mean to say if one carrier drops a letter, and another finds it, he is to deliver it and receive the postage? A. Certainly—if it was a considerable distance perhaps I should not deliver it, if I were a carrier—there is no general rule on the subject—if it was within a reasonable distance, the rule is, that he should either deliver it or bring it back to the Post-office and report it—he might do either—there is no rule that they must deliver it, it occurs so rarely—I do not remember an instance of it—I think I have known a carrier pick up a letter in the street, and he has brought it back to the office—not delivered it—it is very probable if a carrier brought a letter to me, saying, "I have found this letter," that I should send that carrier out to deliver it.
COURT. Q. Can you charge your memory with any one instance is which a letter-carrier actually found a letter in the street accidentally, not in his own bundle, and he has received the postage, and brought it to the office; and had himself charged with it? A. I cannot call to my recollection an instance of the kind—I have known a carrier find a letter missorted in his bundle, and receive the postage of it—that frequently happens.
Before Mr. Justice Gaselee.
2191. JOHN BAILEY was indicted for stealing, on the 18th of October, from the person of John Robinson, 1 pocket-book, value 1s.; 2 £10 Bank-notes; and 6£5 Bank-notes, his property; and JAMES MORRIS , HUGH MORRIS , MARGARET MORRIS , and THOMAS MORRIS , for feloniously receiving the same, well knowing them to have been stolen, against the Statute, &c.
MR. PHILLIPS, on the part of the prosecution, declined offering any evidence against the Morrises, who were acquitted, and bailey pleaded
GUILTY of stealing, but not from the person. Aged 18— Transported for seven Years.
Before Mr. Justice Patteson.
2192. HENRY SMITH was indicted for burglariously breaking and entering the dwelling-house of George Ritchie, about the hour of eight in the night of the 1st of October, at Allhallows, Lombard-street, with intent to steal, and feloniously and burglariously stealing therein 6 yards of silk, value 30s., his goods.
GEORGE RITCHIE I am a hosier and batter, and live in Graechurch-street, in the parish of Allhalows, I am Lambard-street. On Thursday evening, the 1st of October, I was out with Mr. Reynolds, and returned home at eight o'clock in the evening—I had left a servant in the house—I had seen the shop window five or six hours before eight o'clock—it was then perfect—there was no broken pane—it was dark at eight o'clock, except from the street lamps, and the light from the window—when I came near my shop I observed two lads at the window, looking many ways—I thought they were after no good, and made up to them as fast as possible, and was just in time to endeavour to secure one of them, which was the prisoner, when the glass fell nearly on my feet, close by me—I ran after him, after having scuffled with him, and knocked him hat off in the scuffle, and in Leadenhall-market, in one of the turnings, I missed him—he was brought back afterwards by an officer—I did not look at the window, when the glass fell at my feet, nor see whether any thing was taken out at that time—I lost sight of the prisoner—I went about fifty yards from my shop in pursuit, then returned back to the shop directly, and immediately after the officer returned with him—I charged him with breaking my window, and taking goods from it—as, when I returned to the shop, I found there had been a piece of silk handkerchiefs taken from the window—I had made inquiry when I returned, and was told the silk handkerchiefs were taken from the window—a person found it outside, who I believe is not here—it was produced to me by my young man—he is not here—I did not see what the lads were doing at the window—I could not tell what they were in the act of doing—I could not see, because they were close together.
JOHN REYNOLDS . On the night in question, I was in company with Mr. Ritchie, and saw two lads at the window—suspecting they were after no good, seeing them look up and down the street, I made across the road, and just as I came up the glass came out of the window—the prisoner ran up the street, followed by Mr. Ritchie—the other ran down Lombard-street, and I followed him calling, "Stop thief"—a policeman stopped him just by George-yard—I could not see what they were doing at the window, because I was behind them—when I came up they ran away—I returned to the shop afterwards, and saw the glass was broken—I did not see any thing on the ground.
NOT GUILTY .
Before Mr. Justice Patteson.
MR. BODKIN conducted the Prosecution.
DANIEL O'DONOVAN . I live in Devonshire. In 1826 I was in London—the prisoner came to my house, and about three weeks after, he left this country—I followed him to Sweden—he had married my daughter in 1826, and then went to the Brazils—I followed him to Sweden, and bought a farm there for their use, and left them there for nearly two years and a half—I went over to Sweden again in August and assisted them with 200l. more—I went over again a third time, as I heard he was desirous of selling the property—I found he had attempted to make a sale of two small portions of it—they had at that time two children—he was not in circumstances
to support my daughter, and she returned to London with him afterwards, and remained in London for some time—I saw her in 1829 in England—the prisoner came with her to London, and lived with her until the beginning of 1831, when she returned to live with me—I do not know what become of him then—my daughter has been under my protection ever since—she has three children—I saw her last on the 24th of September, alive.
Prisoner. You represent that I destroyed the estate—you bought it from Ross, and said it would be better to buy it in your name—I never tried to sell any thing—the estate was bought in your name, and nobody could sell any thing from it—you say you came over, and gave me 200l.—did you give me 200l. Witness. When I went over I drew for 200l., which was spent on the estate—he attempted to sell two portions of the estate, and I was obliged to sanction the sale.
C. L. WILLS. I was present at the prisoner's marriage with Miss O'Donovan, at Saint Saviour's church, in the borough of Dartmouth, Devonshire, on the 19th of October, 1826—I have a copy of the register—I have compared before—I have seen her within ten days—(certificate read.)
HENRIETTA BABBER . I first became acquainted with the prisoner, on the 30th of July—I was living at Hornsey at that time—he was teaching French in the family, where I was visiting—our acquaintance went on, and a marriage was contemplated between us—inquiries were made on the 13th of September, about a former marriage—before those inquiries my friends were favourable to the marriage, they afterwards changed their opinion, and forbid my continuing the intercourse—the prisoner said something about divorce that he had obtained—my father and brothers spoke to him about it—I was not present when it was first mentioned—I heard my father say he should decidedly object to a divorced husband, whether the divorce was legal or not, and I should not see him—I was induced to disregard that, and married him on the 17th September, at St. Clement Danes—it was with out the knowledge of my parents—I am twenty—three years old.
WILLIAM BOYLE . I am parish clerk of St. Clement Danes. I produce an examined copy of the register of marriage in that church—I have compared it with the original—I was present at a marriage between the prisoner and the last witness, and remember the parties perfectly—I am subscribing witness to the register—(read.)
JOHN BARBER . I am a die-engraver and medalist. I live at Sherborne cottage, Sherborne-street, Islington—Henrietta Barber is my youngest daughter—she became acquanited with the prisoner—after my daughter said he paid his addresses to her, I went and called on him—he represented himself as a widower, and that he had some property in Sweden, but said if my daughter remained in England with her friends he should wish to remain in England, and would then apply himself to get his living by industry—he said he had estates which Lord Dundas had offered him 2000l. a year for, but he had refused it, and he was trying the question in the house of Lords—I said I must have respectable references—he referred me to Lords Eldon and Dundas, the Dukes of Wellington and Buccleugh; but instead of going to them, I made application to the Swedish ambassador; and in consquence of what I heard there, I went to the prisoner, and told him I
had applied for legal determination about his divorce, but that I had higher authority than Lord Brougham, which was the 19th of Matthew, which said that a man shall not put away his wife but for adultery, and said, "Has your wife committed herself?"—he said, "No, she was as virtuous a woman as ever lived"—I told him the divorce was illegal, and that that was the result of the advice I had taken—I told him this on Monday, the 13th of September—he understood what I said to him—I said the divorce was not available in England—he said it was available all over the world, and said, "Well, I am a single man in the eye of the law, and can marry who I please"—I forbad my daughter having any thing to do with him, but they were married without my consent—I then wrote to Mr. O'Donovon, and about a week after I went to get my daughter away—Mr. O'Donovan went to her and saw her—the prisoner came to our house, and threatened, not only to shoot me, but to shoot through the window, and behaved very violently—I got a policeman to secure the house, and got a warrant for him.
Prisoner's Defence. My present means hinder me from the assistance of a lawyer, but from a pure conscience, and an English Jury I do not fear any thing—still I must notice the means adopted by my enemies to injure my reputation and character, by circulating false statements, representing me as a pretented nobleman and a villain, daily looking out for English ladies, to entrap them into marriage in this country, and divorce them in another country—I hope you will banish that from your minds—such malice will prove its own poison—I am the eldest son of Admiral Bruce, of Sweden, and, as such, a peer of that country—I was married to Miss O'Donovan in 1826—with this marriage I had three children; two born in Sweden, and the youngest in England—on the 19th of April, 1831, my first wife left me, with the children, to pay a visit to her parents, and by her father's persuasion she never returned, having sworn never to see me more—the Baron----wrote to Mr. O'Donovan to know why he kept my wife from me. but I never could get an answer—in January 1833, I was over in my country—I had written to my wife many times to come over, but without an answer; and in the criminal court of Stockholm I sued her—a warrant was served on her on the 11th of March, by two witnesses—the service was duly acknowledged by her own signature, and afterwards attested—at the same time there was an exchange of mutual relinquishments of the conjugal rite, duly signed by the two witnesses—she did not appear at the court as required by the warrant, and the marriage was disannulled, with the privilege to appear in three weeks at the Court of High Justice, which I wrote to her to do, but she did not, and it was duly dissolved, but by the law she could come before the divorce was dissolved in the Ecclesiastical Court, but I got no answer—on the 22nd of April, 1834, the marriage was again lawfully dissolved by the Bishop, and in September, 1835, I was married to Miss Barber—I presume she is in this country, as she is in my country, my only wife—I have here a translation of the original decree of the Ecclesiastical Court.
GUILTY . Aged 33.— Transported for Seven Years.
First Jury, before Mr. Common Sergant.
GUILTY . Aged 22.— Confined Two Months.
GUILTY . Aged 28.— Confined Three Months.
GUILTY .— Confined Three Months.
2197. GERALD BARRY and WILLIAM JONES were indicted for stealing, on the 20th of October, 1 purse, value 5s.; 2 half-crowns, 1s. shillings, 4 sixpences, and 2 £5 Bank notes, the property of William Burnby, from his person.
WILLIAM BURNBY . I was walking in the Strand at about two o'clock, on the 20th of October, and felt a tug at my pocket behind—I turned round and saw my purse in Barry's hand—he was handing it to Jones, who received it from him—I am positive of the prisoners—I seized them both, and held them till the policeman came—there were two £5 notes, and nineteen shillings in the purse—it was near Northumberland-house.
Cross-examined by MR. MAGUIRE. Q. Have you got the purse? A. No; a third boy was behind, and he came up to them when I seized them, and ran away immediately—I held the prisoners, and they held me, as that I could not follow the other boy.
ROBERT GLASGOW . I am a policeman. I received information and went to Northumberland-house—I found the prisoners in the prosecutor's custody, and took them to the station-house—I found nothing on them—they said nothing to the charge.
Barry's Defence. I was crossing from St. Martin's-lane towards Northumberland-house, and had not got four yards when the gentleman caught me by the hand, and said I had his purse—he turned round, saw this boy behind, and collared him.
Jones's Defence. I was walking down by Northumberland-house—he caught hold of my hand, and said I had his purse—I told him to search me
(----Cutmore, eating-house keeper, Henry-street, Hampstead-road, gave the prisoner Barry a good character.)
BARRY— GUILTY . Aged 16.
JONES— GUILTY . Aged 16.
Recommended to mercy.— Confined Six Months.
2198. ROBERT JOHNSON, alias Walter Ashford, was indicted , for that he having been before convicted of uttering counterfeit coin, did afterwards, on the 1st of October, unlawfully, unjustly, deceitfully, and feloniously utter and put off to one William James Robert Savage, 1 false and counterfeit shilling, well knowing the same to be false and counterfeit.
MR. ELLIS conducted the Prosecution.
at Maidstone, in October session, 1832—I have examined it with the record at the office of the Clerk of the Peace—one read the record, and I examined the copy, and then I examined the copy against the record, (read)—I was present at the trial—the prisoner is the person who was convicted—I was a witness in the case.
WILLIAM JAMES ROBERT SAVAGE . I am clerk to a gentleman. My father is clerk to a gentleman in the Temple, and lives in Portugal-street—he carries on the business of a pastrycook there—on the 1st of October, I saw the prisoner at my father's shop, between six and seven o'clock—he asked for two Abernethy biscuits, which I served him with—he gave me a shilling—I took it into the parlour, and gave him 10d. in change—I gave the shilling to my father to look at, and he returned it to me—it was not out of my sight till I gave it to my mother.
Prisoner. Q. You swear I am the man? A. Yes.
CLARISSA SAVAGE . I am the wife of the last witness. I received a shilling from my son, and put it into a bag, loose—there was another shilling in the bag—next morning I took the shilling out of the bag and wrapped it in paper—I knew it to be a bad one, and know it was the one my son gave me, for I had not another bad one there—I will swear it—I had several shillings there, but not a bad one—I wrapped it in paper the next morning, after it had been mixed with the other shillings—I know the others were all good, because I never had any of them refused—I knew this to be bad when my son gave it to me, before I put it in the bag—I looked all the shillings over next morning, and have not a doubt this is the one my son gave me.
COURT. Q. Is it not possible that some of the others might be bad? A. I cannot say; but none of them were refused—I gave the shilling to the police-officer—it was the only bad one I found there.
PHILIP WEBSTER . I am a policeman. On the 2nd of October I was in Gloster-street, about ten o'clock—I saw the prisoner in company with another man—they turned down Marylebone-lane—the prisoner ran down the Mews, the other man went another way—I followed the prisoner, and saw him go into a public-house, and wait there about two minutes—it was kept by Escot—I afterwards saw him come out—I went into Oxford-street, and saw him and the other man join together again, and go up Oxford-street, conversing together—they parted, and the prisoner went down Shepherd-street; I followed him—he turned round to the left, into Hanover-square, and stood at the corner, with his back against the railing—I went up and collared him—I said, "You are my prisoner"—he said, "Why?"—I said, "I will tell you presently"—I searched him in the street, with the assistance of a running dustman—I searched his right-hand pocket, and found two counterfeit half-crowns—I asked him how he accounted for the possession of them—he said, "I do not know: I did not know I had them in my pocket, till you found them"—I said, "That is singular; what is your name?"—he said, "Walter"—I said, "Have you not another name?"—he said, "Ashford"—I said, "Have you no account to give of the two half-crowns?"—he said, "Why yes; I must have been foolish; I must have known how I came by them: I found them"—"When?" said I—"Yesterday," said he—I took him to the station-house, and left him in custody, and went to Escot's; and on the 3rd, I went to Mrs. Savage, who gave me the shilling—I marked it in her presence.
WILLIAM SAVAGE re-examined. When I got the shilling from my son, I looked at it, and felt it—I said it was bad, immediately—I have not a doubt of it—I cannot say it was the same as my wife took from the bag.
ELIZABETH ESCOT . I am the wife of Robert Escot, a publican, in James-street. On the 2nd of October, the prisoner came to the bar, and asked for a glass of gin—I poured it out, and put it on the counter—I have not the least doubt of him—it came to twopence—he gave me half-a-crown—I took it up, and told him I thought it was a bad one—he said, "I wish we had many of them"—I said I should not take it—he said he had no more money, and took the half-crown away.
Prisoner's Defence. I was sleeping, the night previous, with a man named Green, whom I had not seen for some time before—I have every reason to believe he put the half-crowns into my pocket, but I did not know I had them at the time I was taken—I believe I was trepanned into the affair—I acknowledge the former conviction—since that I have got my living in an honourable way.
(James Beverley, tailor, Adam-street, Manchester-square, gave the prisoner a good character.)
GUILTY . Aged 37.— Transported for Seven Years.
2199. WILLIAM FLOWER was indicted for feloniously breaking, and entering a building, within the curtilage of the dwelling-house of Richard Atkins, on the 24th of September, at St. Leonard, Shoreditch, and stealing therein, 1 blunderbuss, value 3s.; 1 hoe, value 6d.; 1 rake, value 1s.; 1 pair of shears, value 2s. 6d.; 1 hatchet, value 1s.; and 2 saws, value 3s.; his goods.
RICHARD ATKINS . I live in Studd-place, Hoxton. My house stands in a garden—there is a tool-house in the garden—there is no covered passage leading from the dwelling-house to it—there is a wall round it—I saw the tool-house safe on the night of the 24th of September—then was a blunderbuss, a hoe, and other articles there, belonging to me—I went to the tool-house next morning, at eight o'clock, and found the door broken open, and the articles gone—I sent information of it to the police.
JAMES LEACH . I am a pawnbroker, and live at Hoxton Old-town. The prisoner offered the blunderbuss to pledge on the 25th of September, about six o'clock in the evening—I detained him, and sent for an officer—I asked how he came by it—he said his uncle gave it to him four years ago, at Bath.
(Property produced and sworn to.)
GUILTY. Aged 20.—Recommended to mercy by the prosecutor. — Confined Six Months.
2200. ROSETTA HARMER and CHARLOTTE HARMER were indicted for stealing, on the 14th of October, at St. Giles's-in-the-fields, 1 watch, value 8l.; 1 chain, value 30s.; 1 seal, value 5s.; 1 waistcost, value 12s.; 1 umberlla, value 4s.; 1 handkerchief, value 4s.; 1 card-casevalue 6d.; 1 bag value 1d.; 2 half-sovereigns and 4s.; the goods and monies of Edward Goodlad, in the dwelling-house of William Peckham Grout.
EDWARD GOODLAD . I live in Downer's-cottage, Kingsland-road. On Wednesday, the 14th of October, I met two girls in St. Giles's—the prisoner Rosetta is one of them—I accompained them to a house in St. Giles's, up stairs—it was three o'clock in the morning—I had been out to dinner—I went up stairs with both of them—one of them instantly left the room with my watch, leaving Rosetta in the room—they had been both together—the girls and I entered the room together—I was tipsy—Rosetta went on one side of the room, towards the bed—I was standing between the two girls—the other girl was on my left—I pulled off my cost and waist-coat, and placed my watch with them, on a table by the window—the other girl stood by the table, she took my watch, and went off immediately—I expected she would return, and remained in the house—I went to bed with Rosetta—I remained there, and in about an hour Charlotte came into the room with another women—I mentioned about my watch being taken, and I gave Charlotte half-a-crown, and the other woman a shilling, to go out in search of my watch—they returned in an hour, or an hour and a half, and told me it was useless to look for the watch—they were both very much intoxicated—I remained there till about eight o'clock in the morning—at that time the two prisoners were in the room—Rosetta was in bed—Charlotte brought me my clothes, and told me to put them under my head, and be careful that I was not robbed—Rosetta then got up, and both left the room—my clothes laid on the pillow, where Charlotte had put them—not under the pillow—in a quarter of an hour I got up to dress, and found my handkerchief and an umberlla, and velvet waistcoat, and card-case were gone—my pockets were emptied—I lost two half-sovereigns and 4s., in a small bag—this waistcoat, card-case, and umbrella, are mine.
WILLIAM WALKER . I am a grocer, and live in Lawrence-lane, St. Giles's, in the house of Peckham. The prisoners lodged up stairs—on the morning in question, I was standing against my room door, at seven o'clock—I saw Rosetta Harmer bring an umbrella down stairs—it was the one produced—it was a wet morning, and the umbrella was open—it was a green one—I took notice of it, it being so short at the top—that is the only thing I know it by—I did not look at it—I only saw it as she passed by me—I am certain it is the same.
Rosetta Harmer. Q. Did I not tell you they were put into my hand by another person? A. Yes—she said so.
THOMAS WILLIAM ROBINS . I am a pawnbroker. The waistcoat was pawned by a woman, (but I believe neither of the prisoners,) in the name of Rosetta Harmer, for Charles Thompson—the umbrella was pawned by another person, in the name of Powell, the same morning—I have no recollection of the person, but I believe I never saw either of the prisoners before.
Rosetta Harmer's Defence. I did not go to the place first with him—I did not have the umbrella in my possession—but it was the girl named Martha, who came back to the room—the gentleman said, "Is that the girl who took my watch?"—I made no answer, and then she took the umbrella—the two duplicates were given into my hand as I was coming out of the place.
Charlotte Harmer's Defence. I was never in the place after five o'clock in the morning.
ROSETTA HARMER. Aged 15.— GUILTY of Larceny only.
CHARLOTTE HARMER— NOT GUILTY .
WILLIAM THANE . I am an artist, and live in Russel-place, Fritzroy-square. The prisoner was in my service—I discharged him on the 6th of October, in consequence of suspicion—I lost this painting from my house, and I found it at Mr. Goodge's a cheesemonger, in Tottenham-court-road.
Cross-examined by MR. PHILLIPS. Q. Is it your own painting? A. No—it was done one hundred years ago—it is on copper—the prisoner was not a pupil of mine—he draws in water colours, but does not paint—I never lent him a painting—his business was to keep my rooms clean, to dust the pictures, and go on errands—I never gave him any instruction in painting—he was with Mr. Lodge seven years, and practised heraldry—he never asked my leave to take things home—the picture is worth five guineas—I gave him twenty shillings a week, and gave him clothes, as I pitied his circumstances—he was in bad circumastances when he came.
WILLIAM GOODGE . I am cheesemonger, in Tottenham-court-road In August last, the prisoner lodged with me—I bought this painting and frame of him—I bought the picture first for 8s., and afterwards gave him 5s. for the frame, at the latter end of August.
Cross-examined. Q. You gave 13s. for it? A. Yes—I did not know the value of it—he told me he gave 4s. 6d. for it at a broker's.
GUILTY . Aged 22.— Transported for Seven Years.
(There was another indictment against the prisoner,)
JOSEPH INCE . I am a broker, and live on Great Saffron-hill. On Saturday evening, the 24th of October, at about half-past six o'clock, I saw the prisoner take this jar from the front of my door—1 followed her, and took her with it, and gave her in charge.
Prisoner. Q. Did it not stand opposite Mr. Healy's premises? A. No, not till you moved it—when I stopped you, you said you bought it at my shop—it stood on the pavement with other things—she appeared the worse for liquor.
Prisoner's Defence. I did not know it belonged to him—he should not have let me turn down the street with it, if he saw me take it.
NOT GUILTY .
2203. ELIAS JACOBS was indicted for that he, on the 7th of October, at St. Catherine Cree Church, otherwise Christchurch, feloniously did forge a certain request for the delivery of a hat, with intent to defraud Thomas Frederick Salter.—2nd COUNT, for uttering, disposing of, and putting off the same, well knowing it to be forged.
GEORGE SIMMONS . I am a furrier, and live in Langley-place, Commercial-road; the prisoner is a nephew of my wife. I never sent him to Mr. Salter's for a hat—I never gave him a written order for one—I have an account with Salter—this order is not in my hand-writing.
Prisoner. Q. Is it my writing? A. I cannot tell.
JOSEPH COTTON . I am shopman to Thomas Frederick Salter, a hatter, in Aldgate. On the 7th of October the prisoner came to the shop with this order, and I let him have the hat in consequence of that order—I deals with Mr. Simmons.
SUSAN SALTER . I remember the prisoner coming to the shop the first time—he said he wished to have a hat on account of Mr. Salter—I said we could not let him have it unless he brought an order from Mr. Salter—he said he did not know that was required, and he would bring one—he returned in three-quarters of an hour, with the order.
GUILTY . Aged 22.— Transported for Seven Years.
WILLIAM BRITTON . I live at Hendon, in Middlesex, and sell hay, I had 36lbs. of hay, in Gray's-inn-road—I left my cart in the road, and sent the boy with a load of dung—I came out in five minutes, and it was gone—I traced it by the sprinkling of the hay to Mrs. Cox's house in about twenty minutes or half an hour; and I can swear it was the same hay by having a good many white flowers in it, and I traced them all the way to the house on the footpath.
Prisoner. I saw it lying in the road—I did not see the cart there at all. Witness. I had left it in the hind part of the cart—it could not have dropped out accidentally—there was nobody minding the cart.
SARAH COX . I am a shoe-binder. My husband dis a bone collector, and lives in Paradise-street, Gray's-inn-lane—I have known the prisoner a short time—he came to me on this day, at about half-past twelve o'clock, and brought the hay to the door—I told him my husband was not at home—I thought he had sent him home with it—I told him to had better put it in the wash-house, with another half truss, and in about half an hour Britton came and calimed it—I went for the policeman, and the policeman took him—they asked where he got the hay—he said he picked it up in Gray's-inn-road.
NOT GUILTY .
JOHN D'OYLE . I live in Trafalgar-place. I was crossing Oxford-street on the 9th of October—there was a crowd, and I felt my handkerchief go from my pocket—I turned round and saw it in the prisoner's hand, and saw him put it into his pocket—he ran off, I followed him—he threw it down, and was stopped in my presence, and given to the policeman.
Prisoner's Defence. Another boy chucked it down and saw me, and said it was me.
GUILTY .* Aged 14.— Transported for Seven Years.
NEW COURT.—Thursday, October 29, 1835.
Fifth Jury, before Mr. Sergeant Arabin.
2206. HENRY DOVE and JAMES OXER were indicted for stealing, on the 17th of September, 1 necklace, value 10s.; 2 pairs of ear-rings value 30s.; 1 brooch, value 1l.; 5s. 2 collars, value 8s.; 2 shifts, value 9s.; 2 aprons, value 3s.; 3 veils, value 12s.; and 1 napkin, value 2d.; the goods of Sarah Patterson; to which they pleaded
GUILTY .— Confined Six Months.
2207. GIDLEY LEWIS was indicted for stealing, on the 6th of October, 40 yards of silk, value 9l. 2s.; 14 handkerchiefs, value 3l. 6s.; 3 veils, value 4l.; and 8 years of damask, value 1l.; the goods of Charles Warwick, and another, his masters.
CHARLES WARWICK . I have one partner. We are manufactures of a great variety of articles, principally silks and gauze—our warehouse is at No. 127, Cheapside, and our manufactory, in Glasgow—the prisoner was our warehouseman and town-traveller, from December 1831, to the 13th of October—he had access to our property at all times—he was quite a confidential man—I had hm apprehended in consequence of missing property.
Cross-examined by MR. CLARKSON. Q. Had you known him before he came into your service? A. I had seen him, but not spoken to him—I received a character with him—I had another partner in 1831, which was J. Wilkins—he left, I think, in May, 1832—I do not know where any of the articles refer to as late a period as 1831.
Cross-examined. Q. I suppose you are in the habit of receiving a great variety of articles? A. Not a great variety—I took them in myself, and recollect that the prisoner pawned them—the ticket is in my own handwriting—I never saw him before, nor since, till he was in custody—he might be five or ten minutes there.
JAMES CLOTHIER . I live with Mr. Rochford, in Brewer-street, a pawnbroker. I have one veil and two handkerchiefs, pawned in the name of George Lewis—I cannot say by whom, but this is the counter—duplicate which I gave the person.
Cross-examined. Q. Did you receive them yourself? A. Yes; on the 30th of September—I have a recollection of his person—I have seen him repeatedly.
the last was pledged by the prisoner—I cannot say positively about the other. Cross-examined. Q. Did you know him? A. No. not before; it was pledged on the 6th of October—I recollect him perfectly well.
GEORGE ATTENBOROUGH . I live with my uncle, a pawnbroker. I produce eight yards of silk which were brought by the prisoner—I questioned him—he ran away, and left the silk behind—I have had it ever since.
Cross-examined. Q. Had you seen him before? A. No; but I know he had pledged at our house before—I did not know his person, but I knew the name well which he gave me—he was in our shop about ten minutes or a quarter of an hour—I swear he is the person.
Cross-examined. Q. How long ago was that? A. On the 13th of December last—I recollect him, from previous transactions with him.
MR. WARWICK. I have looked at these articles, and have not the least doubt they are mine.
Cross-examined. Q. How do you know them? A. This piece of goods is known by the number 10336—I have carefully examined our books, and I can swear it has not been sold—no other house makes this width—there are other persons who sell goods in the shop—my books are not here—here are some articles which have our name on them—it is quite impossible to swear they have not been sold—I can say so with them all—I have also a large bag containing about fifty articles from other persons.
Prisoner's Defence. I am a most unfortunate man, by serious circumstances reduced to this situation—I have been in a respectable situation in Gutter-lane, for nearly twenty years—I became a bankrupt—I passed my last examination—the party who struck the docket would not grant the certificate—I took a situation—the creditors came on me one after another, arrested me, and compelled me to pay so much per month, so that I have often paid beyond my salary 4l. or 5l.—my wife has been ill—I have established nearly the whole of this gentleman's town trade—I would ask him, whether he has not derived the greatest benefit from my exertions—I am all over sores through getting excessively hot, and then drinking something cold—I leave myself to your mercy.
(David Stubb, assistant to a Manchester warehouseman, in Star-court, Bread-street; Mary Brown Mary Drake, and John Marshall, a drysalter, of Gracechurch-street, gave the prisoner a good character.)
GUILTY . Aged 41.— Transported for Fourteen Years.
There were two other indictments against the prisoner by the same prosecutor, for robberies to a very large amount.
2207. HARRIET HARLOCK, DENNIS MCCARTHY , and JOHN HARRINGTON , were indicted for stealing, on the 6th of October, 1 watch, value 30s. 1 watch-chain, value 6d.; and 3 watch-keys, value 1s.; the goods of John Sellwood, from his person.
JOHN SELLWOOD . I am cooper. On the 6th of October I was drunk, and went into the Pavior's Arms, at Shadwell—I had a watch, but not in my fob when I went in—M'Carthy advanced forward to shake hands with me—I had known him before—I gave my money to the landlord, to take care of, but not my watch—I have never found my watch.
Cross-examined by MR. PHILLIPS. Q. Who was the policeman in this care? A. Dalley—I do not know whether it was he that asked for a sovereign for his exertions—there were two or three policemen—I gave them a sovereign and a shilling.
COURT. Q. Why did you give it him? A. For expenses that he might be at, it trying to recover the watch—I cannot say that he asked me for it particularly.
MR. PHILLIPS. Q. Did one of the policemen ask you for it? A. Yes; after I came from the Thames police-office—it must have been the day after—it was not on the 6th—it was when the commitment was made out.
COURT. Q. What led you to give the sovereign? A. They said they had been at a good deal of expense in trying to get my watch—I gave 10s—a sovereign was mentioned by the police.
JAMES WILLIAMS . I was coming home from my work, and heard a row at the Pavior's Arms. I crossed over, and Harrington came out with another, who is not here—he said, "There is a row about it"—they both went down a good way, and stood close together—they then returned to the Pavior's arms again.
CATHERINE DAVIS . I was in the Public-house. I saw all three of the prisoners there—another person was in company with them—Sellwood was there—he called for half a pint of rum and shurb, and treated Harlock and Harrington with it—I saw a black-handled knife in M'Carthy's head
Cross-examined. Q. I expect that you got a shilling form the policeman? A. No; I got nothing, but I was treated to dinner.
EDWARD HENRY BLAY . I am landlord of the public-house. The three prisoners were there, and Sellwood—he gave me 19l. through my persuasion—he was tipsy—I had no idea that he had a watch, or else I would have asked him—I did not see him in possession of any watch.
JOHN NICHOLAS (police-constable K 38.) On the evening of the 6th about nine o'clock, Williams came and said, a man had been robbed of his watch. I went into the public-house, and found Harrington—I took him into custody—I found no watch—I found on the prosecutor this part of a guard, which the watch was cut from.
JAMES MANN (police-constable K 212.) From information I apprehended M'Carthy, at No. 26, Angel-gardens, in bed with two girls—I searched the room, and found in his jacket pocket a knife—the prosecutor's guard appeared to be cut.
Cross-examined. Q. Were you the man that took so much trouble for the prosecutor? A. No: I made every exertion for it—I did not get a sovereign, or ask for it—the prosecutor expressed a wish, if possible to trace out the watch—he said, he did not care what expense he was at, and he handed a sovereign into the serjeant's hand as I heard—there is a regulation, that no police-officer shall receive money as a gift.
Cross-examined. Q. M'Carthy was discharged at first, after being taken up? A. I don't know—I got the sovereign from the prosecutor—it is in the hands of the landlord over the way—the prosecutor wished us to
use every exertion to find his watch—after the prisoners were committed he gave me ten shillings, and said, would that pay for all the expenses? I said, I did not think it would,—he gave us ten shillings more, and said, if there was any thing remaining, we could give it him back—we went in a cab once.
NOT GUILTY .
MESSRS. SHEPHERD and ADOLPHUS conducted the Prosecution.
ALEXANDER MITCHELL . I am of the principal surveyors of the Thames-police. In consequence of information, I went to the prisoner's premises, in Glass-house-yard, in the liberty of Glass-house, near the end of Aldersgate-street—I knocked at the door, it was opened by Martha Hartill—my brother officer Isbester was with me, and I had a warrant—I asked if Mr. Hartill was at home, she said, he was not—I told her I had a warrant to search the house for King's stores—she said, she knew nothing of them—the door of the house opens into a passage, there is a door to go into a coach-house, or van-house, on the left hand side, going in, under the same roof—I searched below, while Isbester went up stairs—in the coach-house I found a hamper with a quantity of straw on the top—I found in the hamper 30s. weight of copper bolts, a quantity of copper nails, mixed metal, and nails, and copper sheathing—I have not cast up the weight—I have been a police-officer nearly 24 years—I know the King's mark, the broad arrow was on these stores—I showed the woman part of the copper—I asked her if she knew where it came from—she said she did not know, but a carter had left it there about nine days age, and what it contained, she did not know—I asked her who the carter was, she said she could not tell—she said her husband had been out of town nearly three weeks—this was on Thursday, the 17th of September—I traced her husband through Kent into Surrey, and on Saturday I found him at Mitcham—he had a van, and was driving from London—going through Mitcham—I told him, I wanted him for some King's stores, that I had searched his house in Glass-house-yard, and there found a quantity of King's stores, and he must go to town with me—he said he would not, he knew nothing of any King's stores—he afterwards said he would go with us any where, and I brought him to town—the name of John Hartill was on the van—on the way to town, he asked me to let his wife know where he was—I sent him on board the police-ship, and went to his wife, to the house which I had searched—I told her where her husband was, and she went to him on board the ship—I saw the van in the same coach-house, where I had found the copper—in coming along the road, I said to the man, "If it is not in your possession, it must be in your wife's." and he said. "Rather than my wife should suffer, I will take it upon my self"—I have had this property in my possession ever since—this is part of the stores—the King's mark is plainly on them.
JOHN THOMAS ROPER . I am clerk in the store-keeper's office at the dock-yard, Woolwich—this is his Majesty's property—I know it by the broad arrow—the whole of the property bears that mark—stores of this kind are never sold—no metal articles are ever sold.
MR. PHILLIPS addressed the Jury, and called
WILLIAM STATHAM . I live in Medley-street, Old-street, Saint Luke's and am a licensed hawker, I know Martin Hartill—I travelled with him—we left town on the 2nd of September—lie had fenders with him which he carried in a van—I travelled with him till the 18th of September, and left him at Croydon; during the course of that time he continued with me exercising his trade—there is no one here who saw him with me.
Cross-examined by MR. SHEPHERD. Q. Were you with him every day? A. Yes; Tunbridge Wells was the greatest distance we were from town—Mitcham is about seven miles—I went with him on the 2nd, and left him on the Friday night, and he was taken on the Saturday—I was travelling in the fancy cabinet line—on Saturday I was about ten miles from London—I might lose sight of him for two or three house—I have know him four or five years—I do not know his brother—I know john Hartill—I think he is not the defendant's' brother—he is a dealer in fenders—the first time I knew him was nine years ago at Dudley—I do not know Joseph Hartill—the prisoner is in no other but the fender line—he puts the feet on them, and such things as that—the feet are made of brass—I do not know that he makes them—he lives in Glass-househe executes this work at his house—I have seen him do it—he has a shop—I believe the fenders are not exposed to view—he may do it in the country as well as in his shop.
MR. PHILLIPS. Q. Were you with him from the 2nd of September? A. Yes; and he was selling fenders—I never found by conversation that he had gone back to London.
MARTIN HARTILL— GUILTY . Confined Six Months.
MARTHA HARTILL— NOT GUILTY .
JOHN STEPHENS . On the 17th October, I Was in Alderegate-street, about eight o'clock in the evening—I felt a tug at my pocket, and saw the prisoner benind me, with my handkerchief in one hand, in the act of passing it to a person who was with him—I took him into custody with my handkerchief.
Prisoner's Defence. Persons on the opposite side saw person pick the gentlemen's pocket, and throw the handkerchief to me—I had left my master's house, (Mr. Cohen,) after sabbath—I came along Alderagate-street, and a fellow threw the handkerchief at me, and the gentleman turned, and caught me with it—a person came over, and said there was a person who took it, and ran away.
(David Romano, an auctioneer, of Wigmore-street, gave the prisoner a good character.)
GUILTY . Aged 17.— Confined Six Months.
EDWARD LANLEY (police-constable, L 148.) I was on duty on the 15th of October, about eight o'clock in the evening, at the end of Fleet-street—I observed a carrier's cart going along—I saw both the prisoners in conpany—my attention was directed by my fellow constable, and a young man
beckoning me, and I saw Smith take this table from a carrier's cart in the Strand, and walk with it behind Saint Clement's church, where we took him—Adams was watching the carrier while the other took the table—I saw them in company from the end of Fleet—to the Strand.
Cross-examined by MR. DOANE. Q. Which end of Fleet-street? A. Near Farringdon-street—I did not tell the carier: the cart was going very fast, and the carrier was inside it—I was watching the prisoners—I and my brother officer took Smith—I could not take him with the table—I had received intimation of the robbery from my brother officer, and a young man named Toole.
GEORGE VICKERS (police-constable, L 54). I saw Smith take the table from the carrier's cart; the other prisoner crossed the road, watching the carrier—we had watched him some distance, sometimes running, sometimes walking, at the rate the cart went at.
Cross-examined. Q. Then you were sometimes running and sometimes walking? A.. Yes; I did not tell carrier—I did not know what they were going to do till they took it—I had an idea—Adams watched the carrier in Strand—Smith left him, and went and took the table.
THOMAS TOOLE . I am a boot and shoemaker. I was in Fleet-street, and saw these two policeman together—I did not notice them till one called me by name—I went with them up Fleet-street, and in returning I saw these two men following the cart—the tallest one pulled out a knife, and cut the cord—I ran down after the policemen who had been after the other two men, whom they had followed from thee Surrey side of the water—we followed the prisoners to the Strand, one went and took the table, and carried it off, and the other went down Holywell-street—I followed him, and collared him, and the and gave him to the policemen—I went back and found the carter at the booking—office door—I told him he had lost the table—he did not know it till then.
Cross-examined. Q. You are a shoemaker? A. Yes; I follow no other trade—I do not know haw many times I have been in this, and the other court—I have been commended several times by the bench for my activity, and the manner in which I behaved in raving the public property—I was not here last sessions, it may be two sessions ago—I do not recollect your speaking to the judges in the old Court, and reference being made to the Common Sergeant, as to my being reprimanded—what a counsel might have said, I cannot tell—you might have spoken to him—I cannot swear I have not been here twenty times—I saw one of men cutting the cord—I did not call to the man who was driving—there were two of the prisoners, and if I had gone, I should have had my head knocked off—there were persons passing.
EDWARD ROSER . I am a carman. I was carrying this table for a customer—it was fastened on the cart a little before eight o'clock, at the bottom of Farningdon-street—I got down at the Bolt-in-Tun, and brought a basket out—I missed the table when I was told of it, at the Spotted Dog, in the strand, and found the rops had been cut—this is it.
Adams's Defence. I had been to the Olympic theatre, and came out a quarter before nine o'clock to get refreshment; on returning back, I went into a public-house, and had a glass of rum and shrub, and this man came and gave me into custody—I asked what for; he said I should see—I saw nothing.
ADAMS— GUILTY .—Aged 23.
SMITH— GUILTY .—Aged 19.
Transported for Seven Years.
2212. ELIZABETH FOSTER was indicted for stealing, on the 2nd of September, 3 bottles, value 18d.; and 5 pints of brandy, value 20s.; the goods of William Guerrier, her master; and SARAH HODGES , for feloniously receiving the same, knowing them to have been stolen, against the Statute, &c.
WILLIAM GUERRIER . I live in Cloudesley-square, and am a salesman, at Smithfield Market. The prisoner, Foster, lived with me for about three months—I never saw Hodges till this occurred—on the 26th of September, in the morning, the policeman came to inquire if I had lost any thing—he stated several things—I went into the wash-house, where a hogshead of cyder had been deposited a few days before Foster came into my service, and on inspection, the greater part of that cyder was gone—on inspecting the wine-cellar, I missed three bottles of French brandy—the lock had been impaired at the latter end of October, as well as several other locks, by what means I cannot tell, and it remained unfastened, but was very difficult to get open—the brandy is not here.
ANN BELLINGER . I went to lodge with the prisoner Hodges on the 1st of September, and on the 2nd, Foster brought a rush basket with several bottles—three were sealed up—I do not know what was in them—and some bacon and brandy—I saw a stone bottle on the 19th of September, and some bird-cage—the bottle was full, but what was in it I do not know.
MR. GUERRIER. This stone bottle I can swear to—the wine bottles I cannot.
ANN BELLINGER . On the 4th day of the month Foster brought some bottles full, but what was in them I do not know—there was tea and sugar and several things in the basket, and on the 19th she brought the stone bottle.
MR. GUERRIER. This stone bottle has been several years in my posession—it has the names of Griffiths and staff on it.
EMMA ROGERS . On the 13th of August there was one bottle of cyder brought to Mrs. Hodges: on the 20th there was another bottle, and a piece of bacon—I know nothing about a stone bottle—I saw no brandy.
Cross-examined by MR. DOANE. Q. Did you taste the brandy? A. No; but it was real brandy, and strong spirit.
Cross-examined by MR. PHILLIPS. Q. Where do you live? A. At No. 22, Windsor-street, where Hodges lives.
NOT GUILTY .
2213. ELIZABETH FOSTER was again indicted for stealing, on the 19th of September, 1 bird-cage, value 2s.; 1 stone bottle, value 2s.; and 2 gallons of cyder, value 4s.; the goods of William Guerrier, her master; and SARAH HODGES for feloniously receiving, on the same day, the said goods, well knowing the same to have been stolen.
ANN BELLINGER . This bird-cage came in on the 19th—Foster brought it in—I was in bed, and she came no further than the passage—Hodges took it in, and there it hung till Tuesday, and then she bought a new cage to put the bird in, she took away the bird, and left the old cage at Mrs. Hodges'.
NOT GUILTY .
2214. ELIZABETH FOSTER was again indicted for stealing, on the 4th of September, 1 butter pat, value 4d.; 1 spoon, value 2d.; 1 handkerchief, value 3d.; 1 yard of ribbon value 1d.; 1 cup, value 8d.; 8 bottles, value 1s.; and 6 quarts of cyder, value 3s.; the goods of William Guerrier, her master; and SARAH HODGES for feloniously receiving, on the same day, the said goods, well knowing them to have been stolen.
Cross-examined by MR. PHILLIPS. Q. She cannot read, I believe? A. Yes, she can—she keeps a school—I have seen her teaching her children.
NOT GUILTY .
MR. PAYNE conducted the Prosecution.
WILLIAM HENRY GRAMOLT . I live in Clifton-street, Finsbury, and am a silk manufacturer. I was in partnership with my father till the 8th of October, for about two years—his name is william—on the 6th of the present month I called at the house of Steffanoni and Co., upholsterers, in Holborn, I found there some pieces of silk tabouret—I believe them to be ours—I brought them away, and delivered them to my father—the prisoner was in our employment—he left about the 4th of July—we had not authorized him to take any silk.
Cross-examined by MR. PHILLIPS. Q. You will not swear that it was your father's silk? A. I will swear to four of the pieces—there are numberless patterns of that kind in the trade—I have a private mark on them—I remember my father going to France—he did not leave his stock in the prisoner's care—I had the care of every thing—the prisoner has gone into the employ of Mr. Bell, in the same trade—he has been introducing Mr. Bell to our customers, I believe—these are short lengths—he was not in the habit of leaving patterns to be left or returned, as the person chooses—sometimes we have orders for short lengths, and then we enter them in a book—he was taken on the Wednesday after I took these patterns on Friday—I do not know how long he had been with Mr. Bell—he was taken, I believe, on the 20th of October.
MR. PAYNE. Q. Did you know that he had nine pieces of tabouret at
that time? A. No—my father went to France during the partnership—he left me in management of the place.
WILLIAM GRAMOLT . I am the witness's father. The prisoner was in our joint employ—he left us about the 4th of July—I can identify several of the pieces as ours—I have no doubt of any—I have examined the book to see if there is any entry of their going out, and there is none—I have the book here—I did not allow the prisoner to part with any such goods without making an entry—we have roughly guessed the value of them at 36s.
Cross-examined. Q. Are not these left as patterns? A. I never sent out patterns so large—I have heard he has gone into Mr. Bell's Employ—I do not know what trade he carries on—I know he solicits among my customers—he introduced me to some few, and he is now introducing them to Mr. Bell—we parted friends—I parted with him because I found the business he carried on, did not empower me to keep him—I never heard that he was himself in business.
MR. PAYNE. Q. Did you ever authorize him to leave these things at Steffanoni's? Q. Not without entering them, and they are not entered.
COURT. Q. You left him in a place of trust when you went to France? A. Yes; he was under my son's control—I never sent out pieces of this size—they are worth from 2s. 6d. to 4s. 6d. a yard—we make lengths to order, as short as four or five yards.
THOMAS EAGLES . I am an officer of Worship-street. I apprehended the prisoner on this day week—I told him it was for stealing some Silk belonging to Mr. Gramolt—he begged me to go to Mr. Gramolt's—I did no, and he begged for forgiveness, and that very hard—I had received some pieces of silk from Mr. Gramolt's the day before.
Cross-examined. Q. Did he say nothing else? A. He said he took them from a cupboard, and he did not know he had got them there.
Cross-examined. Q. Mr. Steffanoni is not here? A. No, Sir—these were left as patterns to get orders—pieces of this description are left as parterns, and much larger—the prisoner called for them once or twice—he had not disposed of any of them—he was to have them back again.
COURT. Q. When were they left? A. About three weeks from the present time, at about two o'clock, I should think—I understood he left them on his own account; I received them—he merely said they were left as patterns on approbation—we had not purchased them, but were to give orders on what we liked—we were to give the order to himself—I understood he was in business on his own account—they would he of use as parterns for furniture—I think the largest is not more than two or three yards—we have sometimes patterns of five times the length of this, but still they are of value—they are useful for a pattern book—a whole piece consists of from forty to sixty yards.
MR. PAYNE. Q. If a person wanted these for patterns he would be obliged to buy them? A. Yes, I should think so; but he would not pay the same price for those which were used only for patterns—patterns are often left without charge for a length of time—these might he used if they exactly correspond with other furniture in the same room, but a small differnce in the shade would make them valueless.
Prisoner's Defence. I have been now in the silk trade upwards of fifteen years, I lived in the most respectable houses in London—I never had a stain on my character, nor is this any stain—these are part of the patterns which had been left at Steffanoni's—I brought some away, and then took these home, and there they were quite overlooked—I then left these again with Mr. Bell's address, as I had not his card, and I left them in my own name—they had desired that I would leave as large patterns as I could, and I had not time to make any entry of them—many patterns were left without being entered—I have seen a great many amongst the prosecutors's connexion of which there was no account whatever—I had no intention to turn thief, or I could have taken something I could have turned into money—I called several times for these, and could not get them.
NOT GUILTY .
WILLIAM GATTRELL . I lived with Edwin Augustus Marvin, a haberdasher, on Oxford-street; he has left the shop three weeks age—the prisoner came into the shop with another young man, and asked to look at some silk handkerchiefs—I showed him several pieces—they remained about ten minutes or a quarter of an hour, but bought nothing—they had been in the shop several rimes before, but never bought any thing, and the last time they came, I missed the moment they were gone five silk handkerchiefs—they were in squares, so as when cut to form handkerchiefs—the prisoner had looked at the piece we missed—this is one of the handkerchiefs I missed.
ELLEN DUNDON . I am single, and live at No. 4, Gray's Buildings, Oxford-street. I know the prisoner—I saw him and another young man together on the 15th of September, between eight and nine o'clock at night, in Mr. Cottrell's, the pawnbroker, in Gee's-court, leading out of Oxford-street, which is lower down than Duke-street—Brown asked me to come and stand in from the rain, at Mr. Cottrell's, and he asked me to lend him a pair of scissors to cut a handkerchief off—they went into a passage, and what they did there I do not know, but one of them gave me this handkerchief to take to Mr. Need's, the pawnbrokers—I took it there, and was stopped with it—I did not see the piece that was cut—I only saw this one.
JAMES FRANCIS TILBY . I am in the employ of Mr. Need, a pawnbroker, in Duke-street. On the 15th of September I had information about some handkerchiefs, and in ten minutes the last witness produced this handkerchief—it was between eight and nine o'clock, on the 15th.
RICHARD BRADSHAW (police-constable, D 102.) On the 22nd of September I went to the Cross Keys public-house, Marylebone-lane—I saw the prisoner standing with his face towards the door; as soon as he saw me he turned his back—I knew him, and went to him, and said, "Charley, I want you"—he said, "What for?"—I said, "About some handkerchiefs out of oxford-street"—he said, "So help me God, I know nothing about it"—I said, "You must go with me"—as we got out, he said, "Cannot you let me go till the morning?"—I said, "No; were you in Duke-street?"—he said, "No"—I said, "A girl has been taken up for offering a handkerchief, and she said Charley Brown gave it her"—he said, "I gave her no handkerchief, In wood might, but I did not see him"—I had mentioned Inwood.
Prisoner's Defence. I met a young man I have known some time—he said he was going to buy a handkerchief—we went into the shop, a lady showed us some, and this young lad was on the other side—he chose some, and said he should like them, and offered 9s. 6d. for them; the lady would not take it, and we came out—the reason the young man knew me, was that I lived next door to the prosecutor's shop—I never saw the handkerchiefs till at the office.
(Louisa Hunter, of No. 2, Globe-street, Milton-street, Oxford-street, gave the prisoner a good character.)
GUILTY . Aged 18.— Transported for Seven Years.
Sixth Jury, before Mr. Recorder.
WILLIAM MORGAN . On Sunday evening, the 25th of October, I was at the King's-arms, at Acton, with my son—I put a basket, and a cake in it, on the table, in the tap-room, where the prisoner sat—I missed it afterwards, and the prisoner was gone—I found the cake end basket afterwards on the prisoner, about a mile off—it was not worth 1s. altogether.
JAMES FISHER . I am a police constable. I stopped the prisoner with this basket and cake—he said it was his own, at first, and afterwards that the pot-boy gave it him; and then said a big man gave it him.
Prisoner. I went to this house to see for my working mates, and this man, that I took to be a pot-boy, said, "You are forgetting your shovel and basket"—I said, "The basket is not mine"—he said, "It must belong to some of your mates"—I said, "I lodge at the Red Lion, I will bring it up"—this man came and said the basket was his: I said it was mine, at some of my mates—I passed this officer, and asked him the way to Acton. Witness. Upon my oath he did not—I took him to the police-station, and found on him 2s. 10 3/4d., and he stated that he worked at the late Mr. Copeland's, of Gunnesbury-park, which Mr. Rothschild has lately taken.
GUILTY . Aged 28.— Confined Ten Days.
ALEXANDER WILKIE . I live at Noel-street, St. James's. On the morning of the 14th of October, about twelve o'clock, I was in Fleet-street—I saw the prisoner with a man something like himself—there was a gentleman walking before them, and his handkerchief was hanging a little out of his pocket—I was going down to the City, and they seemed to follow him—by Rundell and Bridge's, there is a place where you must go on the boards; and they whipped the handkerchief out of the gentleman's pocket—the prisoner went inside the boards—I went in and said, "You have taken that gentleman's handkerchief;" and he dropped it at his feet—the gentleman went away—they were so close together, I cannot say which took it, but I rather think the other one took it, and gave it
to the prisoner—I am sure it came from the gentleman's pocket—I am positive of it.
TURTON DIPROSE . I saw a mob of persons standing round, and the witness asked the prisoner for a handkerchief which he had stolen from the gentleman—he said he had not got it—I had seen the prisoner take the handkerchief and throw it down—I took it up and said, "Is this it?"—he said, "Yes"—I called the officer and gave the prisoner into custody.
Prisoner's Defence. I know nothing at all about it; I was passing by at the time.
(Mary Hyder, of No. 12, Chindon-street, St. Martin's-lane, gave the prisoner a good character.)
GUILTY . Aged 19.— Confined for Three Months.
SAMUEL NASH . I am assistant to Mrs. Ann Bell, of the Flying Horse, in Oxford-street. On the night of the 14th of October, when I was going to shut up the house, at a quarter to twelve o'clock I missed three shutters from inside the bar door—I had put them there at six o'clock in the morning—I had not seen them after the prisoner frequented the house—he came and insulted me on the following day, and blackguarded me—I told him he should not go out till he was in custody—he was taken to High-street, and we found the shutters by seven o'clock that evening.
SAVILLE THOMAS FROST . I am a dealer in shop and house-fixtures, at No. 11, Castle-street. Long-acre. The prisoner left these shutters at my shop as a deposit, at about three o'clock in the afternoon; I do not know the day—the property was claimed the next day, and we went to the police-office the same evening—I advanced 1s. 6d. on them—he did not bring what he promised—he said he would bring the frames belonging to the shutters—to replace them, I suppose would cost 30s.—he said he wanted the 1s. 6d. to bring the frames, they were at the further part of Marylebone—he appeared like a man in business—he gave me his name and address, which appeared to be nearly right—he told me his name was Cornelius Connell.
Prisoner. This man tole me to bring the doors and shutters—he did not care whether they were stolen or not. Witness. It is as big a lie as ever was told, it is upon my honour—twenty-six years have I been in the trade and never had such a circumstance happen—the prisoner was dressed like a labourer—I think he had dirt on his garments as if he had been at work—he assured me a hundred times that they were his own—he was an hour at my door.
JAMES GAY (police-constable E 161.) I apprehended the prisoner at the Flying Horse—I told him he was charged with stealing three shutters—he said he knew nothing about them—I took him before the Magistrate—he was ordered for examination in the evening—the prosecutor said he had heard that they had been offered for sale down that way—I found the shutters at Frost's—I allowed the prosecutor to go in first.
COURT to SAMUEL NASH. Q. What led you to Frost's? A. I went to several shops, and at last went to Frost's—I saw them there—they were quite plain for any one to see—I told him they were stolen—he said, he had suspicion they were stolen, and had advanced 1s. 6d. on them, and the man was to bring the frames—these are the shutters they belong to Ann Bell—I
had known the prisoner before—there were four or five drinking in the place when I went out, and I happened to pitch upon this one first, or I should have had the whole of them—the prisoner is a labourer, I believe.
GUILTY .* Aged 28.— Transported for Seven Years.
CHARLES WOODFORD BROWN . I am shopman to James Bailey and Co., St. Paul's Church-yard, linen-drapers. On the 26th of October, I saw the prisoner purchase a printed dress, which came to 12s. 9d.—she came back about one o'clock the same day, and wished to have it exchanged—I showed her a number, and while they were on the counter, I saw her slip two down by her side—she then rolled up the dress she had first bought, and said she would take that one, as she saw no other she liked so well—she put that in her basket—I did not see her put any more in—I gave didrections to Mr. Giles.
Cross-examined by MR. DOANE. Q. What time was it when she first came? A. At eleven o'clock—I saw her roll up that which she brought back, and saw the others sliding down.
RICHARD FOLKES . I am servant to Mr. Bailey and his partner. About five minutes before one o'clock, I came in from the City—my attention was attracted to the prisoner, she having a cloak on, and from the manner she conducted herself—I saw her in a few minutes shove some prints from the counter, at the same time the young man came round, and said, "Mr. Folkes, that person has stolen some prints"—I sent the man for an officer, with directions to tell him to wait outside the door, and when I tapped a woman on the shoulder to take her into custody—the officer did so—I went with the officer to his house, and saw the basket opened—it contained four or five prints—they were all the prosecutor's.
COURT. Q. How many yards did they contain? A. I believe it was four prints; but out of the four I was informed she purchased one—the three would contain about 28 yards.
MR. DOANE. Q. Had you sent for the officer before you saw the basket? A. I had—I did not see her put any thing into her basket—it was impossible for me to see.
RICHARD FOLKES re-examined. I know these to be my master's property by our private mark—the mark is not always removed when they are sold—the rule of the house is that it shall be, but it is sometimes departed from by a young hand.
Cross-examined. Q. You examined this basket? A. I saw the officer do so—there were four pieces in it—I did not see these four when I was looking at her in the shop—I can say that three of the pieces have not been sold.
WILLIAM GILES . I am shopman to Bailey and Milner. In consequence of what was said to me I got over the counter and saw two prints lying on the ground, in front of the prisoner—she put these two into her basket—I did not see her put the other in—I particularly know them, because I am in the habit of having charge of these prints.
Cross-examined. Q. You swear you saw her put them into her basket? A. Yes—I did not tell her of it—I spoke to a superior man—I thought it was better to take the thief than let her go—she was standing in the middle of the shop, and I was standing near her—she most likely saw me.
COURT. Q. Was the prisoner in any distress? A. Yes; she lost her little girl a few months ago—she has been much distressed in her mind—she was not in want of money that I know of. (W. Orme, printer and compositor, 28, Chapel-street, Pentonville; and James Vaughan, licensed victualler, White Swan, Brewer's-buildings, gave the prisoner a good character.)
GUILTY. Aged 27.—Recommended to mercy by theJury and Prosecutor. Confined Three Months, without hard labour.
GEORGE BLAKESLEY . I live in Friday-street. On the 23rd of Settember I met the prisoner and another woman near St. Bride's church, Fleet-street, at half-past twelve o'clock at night—the prisoner spoke to me—I do not remember what she said—she began hustling and pulling me about—I pushed her away—she would not go—I crossed the road—she came to me again, and put her arm round me—I pushed her away again—she then ray away—I missed my watch when she was gone—I took the other woman, who was in company with her—I went the next morning to a house in Shire-lane—the prisoner saw me, and ran backwards into the privy—she came out, and I gave her in charge—I have never seen the watch since.
Cross-examined by MR. PAYNE. Q. What are you? A. A box-maker—I live with my mother—I had been spending the evening with a friend, in Dorset-street, Salisbury-square—I had been drinking, but only a single glass of gin and water—I had only drank beer at my dinner—the first time they came up to me together—I did not see them for more than two minutes—I then crossed the road to get away from them—I saw them for about five minutes before the watch was taken—I saw them a sufficient length of time to be able to say the prisoner is one of them—she had on a red shawl and a straw bonnet—Green, the other, was lagging behind two or three yards, at the time the prisoner ran away—I ascertained they lived at Shire-lane—the watchman turned them out of a brothel the same night—I have not got my watch—Green was taken and searched before she had got so far as Salisbury-square—the other ran towards Temple-bar.
COURT. Q. How long before the prisoner put her arms round you, had you seen your watch safe? A. About five minutes—I had looked at the time, and found it was half-past twelve o'clock.
JOHN M'CUE . I am watchman of St. Bride's. On the night of the 23rd of September, I saw the prisoner and Green in a house in Gunpowder-alley, shoe-lane, which is opposite St. Bride's, from half-past ten to eleven o'clock that night—I did not see her again.
Cross-examined. Q. Where is your beat? A. In Shoe-lane—I do not go into Fleet-street—the prisoner said she was in a house in Smithfield, from nine till twelve o'clock but I was called into the house, and found
her down stairs—I saw her for about ten minutes—I knew her to be an unfortunate woman, that walks the streets.
Prisoner's Defence. I do not know the gentleman—I was at the Half Moon singing-house at the time—I has my sister and brother with me.
GUILTY . Aged 18— Transported for Seven Years.
ROBERT BURN . I live in Cornhill, and am a woollen-draper. On the afternoon of the 24th of October, I was in the counting-house, at the back of my shop, and saw the prisoner going out of the shop door with five yards and a half of woollen cloth under his arm—it had been on a shelf—I went and overtook him in Lombard-street, with it under his arm—I asked where he was going—he said a gentleman told him to carry it to the West-end—I am sure he is the person who was carrying it out of the shop.
Prisoner. The witness asked how many coats I was going to make out of the cloth—he did not ask where I was going—the gentleman was close behind. Witness. Yes, I did; and he said he was going to take it to the West-end, that a gentleman told him to go into the shop and take it—it is the shop of Mr. Henry Lister Thornhill, and another.
Prisoner. I was at the window—the gentleman said, "I have just purchased a piece of cloth, go and get it"—I went in and got it, and came out with it under my arm—directly the gentleman took me—I told him I was going to take it to the West-end, and a gentleman gave it me to carry—there were several persons passing—he would not let me point him out.
MR. BURN. I had nobody in the shop—Mr. Thornbill and I were in the counting-house—the shop door was shut—I heard the door open—I went out at the back door.
GUILTY . Aged 18.— Transported for Seven Years.
JAMES CHARD . I am cab proprietor, and live in Sweeny-mews, Paddington. The prisoner was my servant for about three weeks prior to the robbery—she left me on the 11th of October—I missed these articles—my wife was confined to her bed by illness.
JOHN WARREN . I am in the employ of Messrs. Button, pawnbrokers John-street, Edgeware-road. I have a table-cloth pawned on the 8th of October, by the prisoner, for 1s., 6d.; a shift for 1s., on the 10th of October; and a cloak, for 7s., on the 12th of October.
COURT to JAMES CHARD. Q. How do you know what your wife may not have authorized the prisoner to pledge them? A. she would not have done it without telling me—she had no occasion to do so—we had a few
words, and she left me—on Sunday morning we missed the things—I took her, and the duplicates were on her person—she said she meant to restore them to us.
Prisoner. I was not a servant—I went to do for Mrs. Chard, at seven o'clock in the morning, and left in the evening.
GUILTY . Aged 45.— Confined Six Weeks.
OLD COURT.—Friday, October 29th, 1835.
Third Jury, before Mr. Justice Gaselee.
WILLIAM FENEMORE . I am a cow-keeper, and live at Hackney. I have a mare, which my man turned into a field, adjoining Hackney marshes, on the 16th—and next morning, he informed me, before seven o'clock, that he could not find her—I went to the field, and examined all round it, and round the marshes—in consequence of information, I went to Bedfordshire on the Saturday following, (the 24th,) to the Swan Inn, at Potton—I got there about nine o'clock in the morning, and the mare was there—Mr. Tyler's ostler showed her to me in Tyler's presence—she was given up to me on the Sunday, and I brought her home—I had had her nearly three years—she is worth about 25l.
RICHARD FREEMAN . I am servant to the prosecutor. I know the mare—I had occasion to turn her out on the 16th of October, about four o'clock, into Mr. Fenemore's field, adjoining Hackney marshes—I went to look for her on the 17th, about six o'clock in the morning, and could not find her—I had turned another horse in with her, which was still there—I fastened the gate of the field, and in the morning the gate was shut, but the chain was undone—it is a dark brown mare—I went with master to Potton, and found her, and brought her away on Sunday—I had known her three years—I am certain she was the same mare.
JOHN TYLER . I am landlord of the Swan at Potton—the mare was brought to my yard by the prisoner, on Saturday the 17th of October—the prisoner had hold of her in my yard—I asked him what he had got—he told me he had got a mare, and he wished to put in for the night—I observed that it was a cart-mare—he said it was a very good one—I said, she was very warm—the prisoner said, yes, he had rode her a long journey that day—I asked him how far he had come—he told me he brought the mare from Mr. Dillimore's stables, Long-lane, and that Mr. Dillimore was his master—I then asked him where he was going to take it to—he said, to a man named Lee, who lived four miles beyond Potton, and that he gave 18l. for the mare, the day before, at Epping, of a Mr. Jones—the mare was taken into the stable—she had some bay given to her, and I locked her up—the prisoner went into my house to get refreshment, and went to bed—it was about half-past six o'clock in the evening that I first saw him—next morning, when he was about to leave my yard, I told him I must detain him a few minutes, till I saw a gentleman with whom I had consulted the night before—the prisoner said, "Very well," and went into the house with my ostler—the gentleman, Mr. Bays, came in a few minutes—he asked the prisoner some questions, which he answered—I was present part of the time, but am not able to state what passed exactly—the
prisoner was detained at my house all that day, and taken before a Magistrate in the morning—the Magistrate committed him for a further hearing, till the Saturday following—the prosecutor came to my house on the next Saturday, and the mare was shown to him, he claimed it—the prisoner was then at Bedford—I did not see him bring the mare to my yard—I went into the yard in consequence of a message from my ostler, and found him there.
GEORGE HENRY BAYS . I am a solicitor at Patton. In consequence of a message from Tyler, I went to his house on Sunday, and saw the prisoner—I told him I was sorry to say he had come there under very suspicious circumstances, and I wished to ask him a few questions—I told was, nor my profession—I am sure I said, he need not answer unless he chose—he stated to me that he had bought the mare of Mr. Jones of Epping, for 20l.—that he rode her to London that night, (Friday) when he bought her, and that his master, Mr. Dillimore, told him it would do for old Sale of Abberley, and he was to bring her down next morning—he called it of Abberley, or some such name—I said, "I suppose you mean Abbotsley"—he said "Yes"—he told me that Jones was a hay farmer, at Epping, and wished him to be written to—he expressed a wish to go to Sale's—I told him no, I would go myself and leave him there—previously to going to Sale's, I asked him what name I should tell him—he said, "My name is Owen, but they call me Bill Lowens, and if you will tell him Bill Lowens wants him, he can come and clear me"—I consequently went to Abbotsely, and appointed Sale to meet me, at Dine o'clock next morning instead of which, Sale came at three o'clock that afternoon—at three o'clock on Sunday afternoon, I was sent for to the Swan Inn, and saw the prisoner and Sale together, and a man watching them—they were in conversation—on their seeing me, Sale came away from the prisoner, towards the door—I said to Sale, in the presence of the prisoner, "Well, Master Sale, can you clear this man? he says, you can"—the prisoner made no answer, but Sale said, "No, Sir, I dare not have any thing to do with it, I know the man, but I know nothing of the mare," and I believe he added where could he get 25l. to pay for her—I then asked Sale the prisoner's name—he said, "Bill"—I said, "He must have some other name"—he then said, "William"—I asked him for his surname—he hesitated some time, and looked very hard at the prisoner—at length the prisoner said, "Owens Owens," and Sale repeated it—Sale then went away—I first appointed him to meet me to go before Mr. Pimm, the Magistrate next morning, and next morning we went before Mr. Pimm, who remanded him till next morning, telling me to write to Jones, at Epping—Sale did not appear before the Magistrate—I wrote to Jones, and received an answer, without a signature to it, but with the Epping post-mark—I took the prosecutor before Mr. Pimm, who swore to the mare, and received her—Potton is forty-eight miles from Hackney.
Prisoner's Defence. I bought the mare at Epping, and gave 20l. her—the man gave me his name, "Jones, of Epping, a hay farmer."
GUILTY . Aged 55,— Transported for Life.
Before Mr. Justice Gaselee.
2224. WILLIAM MASTERS was indicted for stealing, on the 6th of October, at St. Ann's, Westminster, 1 watch, value 4l. 10s.; 1 watch-chain, value 18s.; 2 seals, value 20s.; and 1 split ring, value 8s.; the oods of John Brown, in his dwelling-house.
JOHN BROWN I am a licensed victualler, and keep the King's Head, Crown-street, Soho, in the parish of St. Ann, Westminister. On the 6th of October my house was robbed—a fortnight before that time the prisoner called at my house, and cleaned a dial, a Dutch clock, and a watch, and after that he called in to see if they all went regularly—I informed him the watch had stopped—he said he would call again, and look at it—he called on the 6th, went up stairs, and looked at it in the same room where he had repaired it, and he went out at the side door with it without my leave—I merely sent him up to the room to look at it, and he went out at the side door with it—at about eight o'clock in the evening I missed him, and made inquiry—I found he was not there, an missed the watch he had lodged, but he was not there—I found him in Gee's-court, on the 11th, in bed, about ten or half-past ten o'clock in the morning—I asked him where the match was—he said it was in pawn, and gave me two duplicates, and delivered me two seals, and a ring.
Prisoner. Q. Did you not deliver the watch to me? A. Yes, to take up stairs' the room, in which you had cleaned them before.
Prisoner. I was ordered to go through the bar parlour the first job I did, and then I went through the side door—I was ordered to go in at the side door. Witness. I told him to come in at the private door, and I let him in—I said if I could get my property back without prosecuting him, I would.
COURT. Q. What did you promise him? A. I said if he had got any money to give me, or part of the money to give me, to get the watch out of pledge, I would forego all proceedings—he said he had got no money, that he had not a farthing—he dressed and came with me to my house—I said I had no officer, and if he would go along with me to my house quietly, I would not charge him, and he went with me—I sent for a policeman, who took him to the station-house searched him, and he found a five-shilling piece on him, and also the duplicate of a dial belonging to another person—the seals were attached to the watch, with a ring and silver chain, when I gave it to him.
HENRY CAMPER . I am servant to Mr. Upsall, a pawnbroker, in Barbican. The prisoner brought a watch to our shop on the 7th of October and pawned it for 25s., in the name of William Masters—I asked him if it was his own—he said it was his own, that it had been in the family one hundred years—it is worth 3l.
JOHN BROWN . These are mine—I know them by one being broken, and a mark on one, and a mark inside the other—the seals are worth about 1l.—I have had the gold ring six ring six years—it was attached to the watch—it is worth four or five shillings—the silver chain I gave 18s. for, six months ago—it was delivered up by the pawnbroker at the office.
are plated, and the plating is worn off—they are neatly valueless—not worth four shillings.
(The prisoner handed in a petition for a lenient sentence.)
GUILTY of stealing under the value of £5. Aged 56.
Confined One Year.
Before Mr. Justice Vaughan.
2225. HENRY BOND and JOHN CHANTRY were indicted for stealing, on the 3rd of October, at St. Leonard's, Shoreditch, 1 coat, value 3l. 15s.; 3 pairs of trowsers, value 4l.; 1 waistcoat, value 1l. 2s.; 1 pair of stockings, value 2s.; 1 dead goose, value 5s.: 40 pence; 96 half-pence; and 24 farthings; the goods and monies of Thomas Stock, in his dwelling house.
ALLEN CAMERON . I am a policeman. On sunday the 4th of October, between two and three o'clock in the morning, I was on duty near Hoxton—I passed by the Robin Hood and Little John. and saw a person answering the description of Chantry, going towards the New North-road—he came out of Constable-alley—and soon after Bond came—I am quite certain of him—a very few seconds passed between the first and second man passing me—Bond had a bundle with him—I asked him what he had got there—he said a goose—I asked him how he came possessed of it—he said hand, naked—not covered with any thing—I asked him who that chap was that had passed before him—he said he did not know—I asked how his father became possessed of the goose—he said he did not know, but he believed he had bought it—I asked him how he came possessed of the bundle—he said his father gave it him to take home—I asked him what it contained—he said a coat, waistcoat, and a pair of trousers—I asked him how his he could not tell—I asked if he remembered seeing his father wear any of the clothes—he said he did not recollect—I said I was not satisified with his statement, and took him into custody—I took possession of the bundle, which contains the same things as it did then.
Cross-examined by MR. MAGUIRE. Q. What time was this? A. About a quarter past two o'clock—he made no resistence, and gave me the things freely.
THOMAS STOCK . I am a broker, and live in Whitemore-road, Hoxton, in the parish of St. Leonard, Shoreditch. The prisoner Chantry has been in my employment ever since the 1st of May, and left me about three weeks before he was apprehended—I went to bed on Saturday night, the 3rd of October, about half-past twelve o'clock—I had a rushlight burning inside my room, and the door half open—the yard door, which leads to the bakehouse, was taken down to be repaired—a person in the bakehouse could come through that doorway into the house—the bakehouse opens into the dwelling-house—it is all under one roof—there is an internal communication—I had five geese in the house that night, four living, and one dead—the dead one hung up in the passage leading from the bakehouse to the dwelling-house—it is a covered passage open to the yard on one side—the goose was safe when I went to bed—I awoke at about six o'clock in the morning and found the rushlight removed—I looked at the till and found all the halfpence and farthings gone—there was about nine shillingsworth of half-pence—I went into the front room, and missed three pair of trowsers, a coat, pair of stockings, and waistcoat, from the drawers-the
value, altogether, is about 9l.—the clothes were all new about two months before—the stockings were not worth much—I missed the goose; on going into the bakehouse next evening I saw some of the tiles removed from over the oven—they were all safe, to the best of my knowledge, when I went to bed on the night in question, but I had not observed them—the opening was large enough to admit the prisoners through—I saw marks of footsteps on the bread-trough—I went and opened the front door immediately, and stated the case to the policeman—I heard from him that they had a man in custody—(looking at the property), these are mine, they are worth 9l—I am sure they are mine—they were safe that evening—the goose was hanging up when I went to bed—I saw it at the station-house, and knew it again by a sack-tie tied round the feet of it—I had not seen Chantry that evening—I saw him on the Sunday evening, and gave him into custody—I happened to meet him in the street—I charged him with this, and he denied it.
Cross-examined by MR. DOANE. Q. You do not mean to swear to the goose? A. I brought it up from a young one, in my back yard—the feathers were off—I had killed it myself, and I partly judge of it by the back of the poll, where I killed it—the coat and trowsers coat me 13l. 4s.—they would not sell for what—I should not get 5l. for them if I sold them—I have not worn them above two or three times—I have persons in my employ—I was the last person who went to bed that night.
COURT. Q. Were there any farthings among the coppers you lost? A. Yes; there were about six-penny worth in one corner of the till.
WILLIAM COTTAIN . I am a policeman. I took Chantry into custody—I told him the charge—he denied it—I took him to the station-house, searched him, and found 2s. 3 1/2d. in copper on him, and twenty-four farthings amongst it.
Bond's Defence. Chantry asked me to go with him to fetch his blue suit of clothes—I did not know but what they were his.
(James Butler, schoolmaster, of Ironmonger-street, St. Luke's, gave the prisoner Bond a good character.)
BOND— GUILTY of stealing under the value of 5l. Aged 19.
Transported for Seven Years.
CHANTRY— NOT GUILTY .
Before Mr. Justice Gaselee.
2226. MARY GOULDING was indicted for stealing, on the 10th of October, at St. Andrew, Holborn, 1 watch, value 3l.; 1 watch-chain, value 1l.; 3 seals, value 1l.; 1 watch-key, value 5s.; and 3 handkerchiefs, value 3s.; the goods of Joseph Mills, her master, in his dwelling-house.
MARY ANN MILLS . I am the wife of Joseph Mills, an undertaker and upholsterer, in Harper-street, Bedford-row, in the parish of St. Andrew, Holborn. The prisoner came into my service on the 9th of October, and next day I missed this property—she went away on Friday evening, the 9th, at night, and came again on the Saturday—she did not sleep in the house—she went away a few minutes after five o'clock, on the 10th, without my knowledge—my husband had been out a little way, and when he came home, the prisoner was absent—she had gone out at the back door, without any notice, and left the door open—I did not see her go, but in a few minutes I found the door open, and she was gone—I went up-stairs,
and missed the watch from my bed-room mantel-piece, on the second floor—I came down stairs, and missed other things, but have not found them—the things that have been found are stated in the indictment, and I missed a pair of silver spectacles, in a steel case, and two more handkerchiefs which have not been found.
WILLIAM CUAFFERS, JUN . I am pawnbroker, and live with my father in Greek-street, Soho. The prisoner pawned this watch on the 10th of October, with a chain, three seals, and a key, for 25s., in the name of Mary Goulding—it is worth about 50s.—it was about three o'clock.
MARY ANN MILLS re-examined. This is our watch, and has my husband's name on it—I am certain it is his—I saw it on the mantel-piece about the middle of the day—the chain, seals, and key are also his—the prisoner went away near upon five o'clock—it was after three o'clock on the Saturday—I saw her in the house a little after three o'clock—it might be a little before five o'clock that she went away—it was not as early as three o'clock—she was up stairs in the parlour, and I in the kitchen—she might have gone out during that time.
Prisoner. I did not leave the house till half-past five o'clock.
CHARLES COOPER . I am a policeman. I had information of the robbery on Sunday evening, the 11th of October, and on Monday I saw the prisoner in Peter-street, St. James's—I told her she must go with me—asked her what she had done with the things—I saw these three handkerchiefs lying on a cradle—she then took them up and gave them to me—asked her what she had done with the watch—she said she had pawned it in Greek-street for 25s., and had destroyed the duplicate—I went to Chaffer's, and found the watch pawned there—she said the three handkerchiefs, found in her room, were part of the property she had taken from Mrs. Mills.
MRS. MILLS. These handkerchiefs belong to my husband—the prisoner had washed them on the Friday night.
Prisoner. I leave it to the mercy of the court.
GUILTY of stealing under the value of 5l. Aged 17.—Recommended to mercy by the prosecutor. — Transported for Seven Years.
Before Mr. Justice Vaughan.
2227. WILLIAM CLEMENTS was indicted for stealing on the 13th of September, at St. Luke's Chelsea, 1 coat, value 3l.; 2 waistcoats, value 1l. 5s.; 1 pair of trowsers, value 30s.; 1 glazier's diamond, value 14s.; 2 handkerchiefs, value 7s.; 14 shillings, and 1 sixpence, the goods and monies of Lewis Carey, in the dwelling-house of Matthew Drake.
LEWIS CAREY . I lives in the house of Matthew Drake, in Wellington-street, King's-road, Chelsea; he is a master milkman—I am a painter—the prisoner lodged in the same room with me for five months—he went to bed on Saturday night at about eleven o'clock, and I saw him again on Sunday morning at four o'clock—he was missing from the place, at about five o'clock, and then my clothes were gone—they were all safe at four o'clock—I missed a coat, two waistcoats, a pair of trowsers, fourteen shillings and sixpence in silver, two silk handkerchiefs, and a glazier's diamond—the prisoner never returned to his lodging—he had given no notice to leave—he left his working clothes behind him, but took his best clothes with him.
JOSEPH TOMLINSON . I am a policeman. On the 15th of October, the prisoner was pointed out to me in Belvidere-road—I went across towards him, and he ran away—I ran after him—he ran down a wharf in Belvidere-road and got behind some sacks of lime—I mentioned the robbery to him—he said, he knew nothing about it—what he ran away for—he said because he chose—I cannot trace the property at all.
LEWIS CAREY re-examined. I have not seen any of my property since—it was placed in a cupboard, opposite the bed—it was not locked—the value of the whole is between £7 and £8—nobody else slept in the room.
Prisoner. It is all false—there are other lodgers in the house.
Witness. The landlady heard him go out, and awoke me, and told me to look at me property, at five o'clock, and it was gone—I heard the clock strike five—at four o'clock I had occasion to get out of bed, and my things were all safe then—there was no other lodger in the room.
JURY. Q. Had the prisoner lodged there some time? A. Five months—he is a labourer—he was out of work for the last week—I knew nothing of his intending to leave—when I awoke at four o'clock, I saw him in bed—it was a fine moonlight morning—I saw my clothes in the cupboard—the cupboard door was half-open—it is close to my bed's head—as I lay in bed I faced it, and I got out of bed—it was Sunday morning—he always used to lay in bed later than that.
GUILTY of stealing under the value of £5. Aged 35.
Confined One Year.
Second Jury before Mr. Recorder.
HENRY HARRIS . I am a tallow-chandler, and live in High-street, Marylebone—the prisoners came to my house on the 7th of October, to take away the dust—I directed my servant, Mary Otley, to watch them, and in consequence of what she told me, I came down and went into the workshop—I found a cask of tallow disturbed, and a quantity taken from it—I did not take any notice at the time, but as soon as they had finished their work, and were going away, I gave them in charge, and taxed them with the theft—the cart was taken to the station-house with them, and examined at the wharf, in the presence of the prisoners, and this tallow was found among the dust—they were all three together when I charged them with it—I do not think any of them made any answer, for I went immediately for a policeman to take them—they had two carts—I did not see the carts examined myself—the prisoners would not have occasion to go where the tallow was, in order to get the dust.
WILLIAM WATERMAN . I am journeyman to Mr. Harris. I saw the cask of tallow, at about a quarter before two o'clock—it was quite safe then—I laid my apron on the tallow, and went out with our horse and cart—I came back, and changed my apron and put my clean apron on at a quarter to two o'clock—the tallow was safe then—I went to dinner, and was sent for afterwards, and missed fourteen or fifteen pounds of tallow, at about twenty minutes after two o'clock—I did not see the prisoners in the workshop—they were gone before I returned—I saw nothing of them till I went to the station-house, and found them there—I went from there
to Stapleton's dust-Wharf, paddingdon, and shot the dust—I found the tallow in the cart, which was full—the other cart had two or three baskets full in it, but no tallow there—the tallow was worth about 5s. at the time.
HENRY HARRIS re-examined. I was out of town last week—Otley, who cannot be found, was charged with robbing me, and Mrs. Harris let her leave the house—I cannot prove who loaded the cart—the three men loaded it alternately—the tallow was strewed about where the cart was loaded—I think they must all have seen it—I saw them all engaged in loading the baskets, to put into the cart.
WILLIAM IRELAND (police-constable D 107.) In the afternoon in question, Mr. Harris spoke to me—I saw the cart at the corner of Devonshire-street, opposite Mr. Harris's house—it removed to Beaumont-street—I asked Mr. Harris if the prisoners were the men—he said, "Yes; I give them in charge for stealing fat"—I said to Howell, "I take charge of you in stealing fat"—he said, "I have got none"—I said, "I must take you"—he said, "You shall not take me," and up with his fist to hit me, and tried to escape—Twyford said, "Do not be a b----fool, go quietly"—I took them all to the state on-house, and then went to the prosecutor's premises—I found about a quarter of a pound of tallow at the dust-hole—the dust had been taken from that spot where the tallow was.
Twyford's Defence. I never saw any tallow.
Stephens. I am the carter, and saw nothing of it.
WILLIAM HARRIS re-examined. Stephens I believe was the carter, but they all took part in loading the cart—Stephens left the horse and cart in the street, and they all went down to the dust-hole—I saw the tallow afterwards, and have no doubt it formed part of the bulk in the cask—they called at another house, and were taking in dust, before I stopped them.
WILLIAM WATERMAN re-examined. I believe the tallow to have formed part of the bulk, as it was what we call a lap, a small portion left in the bottom of the copper after making candles—it was in various pieces, about 11b. weight each—the quantity found, and the quantity lying about, accounted for what was missing.
NOT GUILTY .
FRANCES FIELD . I am the wife of William Field. The prisoner was in our service five months—on Saturday, the 17th of October, I observed a pair of ear-rings in her ears, which I thought were not here—I asked her how she got them—she said she found them in the street—I asked her several times were she got them—she still said she found them in the street—I said if she would tell me, and be a good girl, I would forgive her—she afterwards went up stairs, and put my children to bed, and in about had an hour, I called her down, and she made a confession—she afterwards left the house—on Saturday, the 17th, I missed a shawl, and on Tuesday, the 20th, I missed my watch—her mother and sister brought her back to me on Tuesday, the 27th, and I gave her in charge.
HANNAH OVENS . I shall be twelve years old next April—I live with my father, in Chapel-street Westminster—I met the prisoner at Mr. William's shop, a pawnbroker, in Great Chapel-street, last Saturday week—she asked me if I would pledge a watch for her—she was in the shop at the time—they
would not take it in there—I offered it in pawn, they refused it—she asked me to show her another pawnbroker's, and I took her to Harding's, in York-street—I there saw Mr. Stubbings, and I pawned the watch with him for ten shillings—the prisoner was with me at the time—I had been in the habit of pawning there for my mother—I asked 1l. on it—Stubbings said he could not lend more than 10s.—this is the watch—I gave the prisoner the 10s., and she gave me 1s.
Prisoner. She gave me 9s. 4d. Witness. I gave her 10s. all but a penny, which was charged for the ticket.
WILLIAM STUBBINGS . I am shopman to Mr. Harding, a pawnbroker, in York-street, Westminster. On the 17th of October, Ovens pawned this watch, about nine o'clock in the evening—I advanced 10s. on it—I consider it worth about 1l.—I stopped 1d. for the ticket—a private individual might set more value on it, but it is not worth more to sell in the shop—there are three seals to it, which were pawned with it—they are worth about 1s. 6d. each—they are old-fashioned gold, but a very bad quality—there is some doubt whether the watch is silver or not—I should consider it well sold at 1l., seals and all—if it is silver it is not worth more.
WILLIAM MACKENZIE . I am a policeman. I took the prisoner into custody at the desire of her mother and sister—I went with her to William's, the pawnbrokers, and then to Harding's—she pointed out the shops to me—I found the watch at Harding's, and the shawl at Williams', he gave it up at the office.
GUILTY. Aged 13.—Strongly recommended to mercy by the Prosecutrix and Jury.— Judgment respited.
FREDERICK FORD . I live in stingo-lane. I lost these shoes on the 23rd of October, they hung on the window-post inside the shop, within reach of a boy—two witness who are not here, came to my shop, and gave me information—I went with them into Lisson-street, and into Chapel-street—I found Flake outside Mr. Trail's shop, in chapel-street, and Rigby inside the shop, pledging the shoes—I took hold of Flake, and took him into the pawnbroker's shop, and asked if any body was pawning any boots—he said yes, and showed them to me—I lost them at twenty minutes before nine o'clock, and found them at about nine o'clock—the shop is not a minute's walk from mine.
JAMES REARDON . I am shopman to Mr. Trail. Rigby came into the shop on the 23rd of October, at about nine o'clock in the morning, and brought these half-boots, and requested 1s., 6d. on them—we offered 1s. on them—Mr. Trail was rolling them up when the prosecutor brought Flack in, and claimed them—we had not paid him the shilling—I had seen Flack looking in at the window while Rigby was pawning them—I do not Know whether they came together.
(Property produced and sworn to.)
Flack's Defence. I was going down the lane with Rigby, and left him at the bottom of the lane—he said he was going to ride—I afterwards met him in the street with the boots, and asked him whose they were—a boy just by, said, he had given him 2d. to pawn them.
Rigby's Defence. When he was coming back from his work, he saw me with a young man in a fustian jacket, and asked where I got the shoes—I said, "That man told me if I could get 1s. on them, he would give me 2d."
(Samuel Crocker, cordwainer, Devonshire-street, Lission-grove, gave the prisoner Rigby, a good character.)
RIGBY— GUILTY . Aged 13.— Confined Three Months and Whipped.
FLACK— NOT GUILTY .
WILLIAM FRANCIS . I am a wholesale slop-seller, and live in the Minories—the prisoner was in my employ. On the 29th of October, I had reason to suspect I was robbed, and yesterday morning, at about half-past seven o'clock, I was called down—when I came into the shop, I found the prisoner, his sister, and a policeman, and my foreman all together—my foreman said, "This is the way we have been robbed, Sir," and I immediately gave the prisoner in charge—I had suspected him for the last month—until then I could give him the best of characters—he lived six years and a half with me.
RICHARD SANVAGE . I am foreman to the prosecutor—the prisoner was the porter. I watched him in consequence of suspicion, and stationed myself at the end of a court in the Minories about fifty yards from the house—I saw him go to the house in the morning, and ring the bell, then go in, and open the shop, and shortly after, I saw his sister come out of the shop with a bundle—I pursued, and took her with the bundle containing the articles named in the indictment—I took her into a public-house—sent for an officer, and took her into the shop—I have every reason to believe the prisoner was in the shop, when his sister came out—I had not seen him come out—I had seen him in the shop a minute before—I took the sister twenty or thirty yards off—the bundle contained the property of my master and had his mark on them—they were kept in the shop where the sister came from—no other person would be in the shop besides the prisoner—minutes before seven o'clock, and had been taking the shutters down—I could not see into the shop—I had a view of the door, and saw the sister come out of the door of the shop—when I returned the prisoner was just outside, cleaning the window—the sister was in the habit of calling on him every morning, I believe, and she occasionally brought his breakfast—she is about eleven years old.
WILLIAM EVANS . I am a police-constable. I produce the property—while searching the prisoner, I asked him what could induce him to rob his master—he said he could not help it—he did it throught distress.
Prisoner's Defence. I know nothing of it—I was cleaning the windows, which was my duty—I have a wife, two children, and two orphans, to maintain.
had 15s. a week there—I gave him 5s. a week, for what he did for me, and he had 5s., a week from the parish for the children.
GUILTY. Aged 34.—Recommended to mercy by the prosecutor.
Confined Six Weeks.
NOT GUILTY .
NEW COURT.—Friday, October 30, 1835.
Sixth Jury, before Mr. Sergeant Arabin.
2233. CHARLES PEAT was indicted for stealing, on the 12th of October, 1 bag, value 4 d.; 1 sovereign; 8 half-crowns; 40 shillings and 8 sixpences; the goods and monies of John Ellis, his master, to which he pleaded
GUILTY .— Transported for Seven Years.
MR. ELLIS conducted the Prosecution.
JOHN MATTHEWS . I am servant to Mr. James Lee, a butcher. The prisoner came to his shop on Saturday, the 3rd of October—he wanted a bit of beef—I offered to take 7d. for it—he cut it into slices, and gave my master a half-crown—I saw it—the prisoner came to the shop on the Saturday following, and asked for another bit of beef, which my master sold him—I do not know what it came to, but I saw him tender a half-crown to my master, and he was taken in the shop—I am sure he is the same person who came before.
JAMES LEE . On Saturday, the 3d of October, I was having my dinner, and my young man asked if I would take any less than 6d. a pound for this beef—I saw it sold, and the prisoner gave me a bad half-crown—I put it into a drawer, in the desk, where there was no other silver, and afterwards gave it to the beadle—the prisoner came again on the 10th—I sold him a piece of beef, which came to 6d.—he gave me another bad half-crown—I said that it was bad, and asked if he had any more—he said he had, and was about tendering me another, when he was taken—he said he had never been in the shop before.
Prisoner. I never was in his shop till the day I was taken.
JAMES LLOYD . I am an officer. I took the prisoner on the 10th, and received one bad half-crown from Mr. Lee, and another on the 13th, when the prisoner was committed from Guildhall—there was one good half-crown found on him—he gave me his address at his brothers in Coppice-row—I enquired there, but no such person as his brother was known—in taking him from Guildhall at the corner of Goldsmith's-hall. he slipped his hand from the handcuffs, and ran off, he was stopped by an officer.
Prisoner. The butcher said he had received two half-crowns on the Saturday before, one from me, and one from another man and he opened his desk and took one out, and marked it—at the first hearing, he said he had served me on the Saturday before, and at the next hearing, he
brought the young man to swear that he served me—I attempted to run away, as it is very hard to be sent to Newgate for nothing.
GUILTY . Aged 19.— Confined Twelve Months.
The HON. MR. SCARLETT conducted the Prosecution.
ROBERT DUKE . I am an officer. On the 19th of September I went with Reynolds, Ashton, and some other officers, to the George, in Foster's-buildings, Whitecross-street—we went into the tap-room—fifteen or sixteen persons were there—I saw the prisoner sitting at the table with his back to the window—I saw him take something from his left hand jacket-pocket, pass it into his right hand, stoop down, and throw it underneath the seat on which he was sitting—I took up this bag from under the seat soon afterwards—it contains two crowns, two half-crowns, and sixty-eight shillings, all bad—I saw him throw the bag away, and saw it in his hand.
Prisoner. Q. Did not you find some skeleton-keys there? A. Not in that spot—I did in another part of the room.
Prisoner. Q. were there not some skeleton-keys, as near to me as the bag? A. No, not near you.
Prisoner. I had the keys, but not the bag.
GUILTY . Aged 23.— Confined Three Years.
The HON. MR. SCARLETT conducted the Prosecution.
WILLIAM REYNOLDS . I went to the George, public-house, on the 19th of September, and saw the prisoner standing on the right hand side of the room—Hall, who was with me said, "Reynolds, take charge of that female"—she had something in her hand which looked like a handker-chief—she threw it on the table—I took it, and she said, "One of the chaps threw it there," but who she did not know—it contained two half-crowns, and seven shillings, all bad—I am sure it came from her left hand.
Prisoner. A man named Ashford put it down—I never had it in my possession.
Prisoner. I met a person in Goswell-street, whom I had not seen for twenty-four years—he asked me to have something to drink—we went, and called for a pint of half-and-half—the officer came in, and that man(Ashford) threw something on the table, and snatched a bit of rag out of my hand to put over it—I did not know what company I was in.
GUILTY . Aged 36.— Confined Three Years.
MR. SCARLETT conducted the Prosecution.
ROBERT DUKE . I went to the George public-house on the 19th of September. I saw this prisoner at the corner of a settle—as I entered the room, I observed him fumbling about his pocket—I did not see what he did; but as soon as I had picked up the bag of the other prisoner, I made this prisoner get up, and on the seat I found this bag, containing seven counterfeit crowns, nineteen half-crowns, and sixty-five shillings—he did not give any account of them.
Prisoner. Q. Did not I get up when you told me? A. Yes; they were close to you—you must have been sitting on them.
Prisoner's Defence. I know nothing about them—they were close by me, but another man put them there.
GUILTY . Aged 24.— Confined Three Years.
DANIEL SMITH . I keep a chandler's-shop in Thames-street. On the 29th of September, in the evening, the prisoner came and asked for half an ounce of tobacco, and gave me a bad shilling—I bent it and cut it asunder—I gave him one piece, and kept the small piece myself—the tobacco came to 1 1/2d.—I followed him down the street, and asked him if he had not been to my shop—he said, "No"—I took him to Queenhithe watch-house, and he was searched—no money was found on him, but a little tobacco—he was taken to Guildhall, but acquitted—I am confident he is the man.
ELIZABETH SANSOM . I am the wife of George Sansom, and keep a milk-shop in Titchtield-street. On the 7th of October, the prisoner came for half a quartern of shilling butter, which came to 1 1/2d—he tendered a shilling—I saw it was bad—I said I wondered he should come into my shop so many times as he had been in—I desired him not to come any more—he went out, my husband followed, and told the policeman, who took him—he had been at my house about half-past nine o'clock.
JEMIMA TAYLOR . My husband is a stationer, and lives in Newman-street. On the 7th of October, the prisoner came, about twenty minutes before ten o'clock at night, for a penny pencil—he tendered a bad shilling—I said I had no change, as I had taken the money out of my till—he told me he had no other money—he took the shilling up, and was going out, when the officer and Mr. Sansom came in, and took him.
Prisoner's Defence. I had just come out of the country, and was inquiring my way, when a man came and put me in the watch-house.
GUILTY . Aged 21.— Confined One Year.
NOT GUILTY .
2240. JOSEPH BARKER and GEORGE ALEXANDER were indicted for stealing, on the 18th of October, 1 coat, value 15s.; 1 waist coat, value 4s.; 1 handkerchief, value 1s.; and 1 shirt, value 3s.; the goods of Mark Richard Clark; and 8 pairs of boots, value 16s.; the materials for making 20 pairs of boots, value 26s.; and 2 sheets, value 6s.; the goods of Henry Messenger, the master of the said Joseph Barker.
HENRY MESSENGER . I am a shoe-maker, and live in Brick-lane, Bethnal-green. The two prisoners were both in my service, as journeymen, and slept on my premises—Alexander had been there about six days, and the other about twelve—they both left me without notice on the morning of the 18th of October—I was called that morning, and went into the room—I missed twenty-eight pairs of boots, and the sheets of the bed—we found the prisoners in Golden-lane in the evening, walking together—Alexander had a coat, waistcoat, and handkerchief on, which was part of the stolen property—Barker had nothing but the duplicate of a pair of boots—Alexander tried to get away.
JOHN HILL . I am an officer. Alexander was given into my custody, and Barker was brought to the watch-house—Alexander had this coat, waistcoat, and handkerchief on—I found a tobacco-box full of duplicate ons Barker, and one of them was for a pair of boots, which the prosecutor identified.
ARTHUR SOWERBY . I am a pawnbroker, and live in Brick-lane I have a pair of boots, pawned with me on the Saturday before the examination, to the best of my belief, by the prisoner, Barker—the duplicate was given up at Worship-street, and destroyed by order of Mr. Grove, the Magistrate.
JOHN HAM . I am foreman to the prosecutor. On Sunday week, about half-past six o'clock in the morning, Clark informed the prosecutor that he had been robbed, and the same evening, between eight and nine o'clock, we found the prisoners together—I caught Barker, and the other prisoner ran away—the duplicate was found on Barker, which was destroyed at the office.
MARK RICHARD CLARK . I am in the employ of Mr. Messenger. I missed the prisoners on the Sunday, and my coat, waistcoat, and handkerchief were taken away—they were found on the prisoner Alexander, the same evening.
Barker's Defence. I throw myself on the mercy of the Court—it is my first offence.
BARKER— GUILTY . Aged 68.
ALEXANDER— GUILTY . Aged 20.
Transported for Seven Years.
2241. PHILIP FULLER was indicted for stealing, on the 2nd of October, 90 printed books, value 4l. 10s.; 25 towels, value 3s.; 18 pillow-cases, value 2s.; 17 sheets, value 17s.; 9 petticoats, value 9s.; 3 night-caps, value 9d.; 21 shifts, value 2l.; and 7 pair of drawers, value 7s.; the goods of William Dampier.—2nd COUNT, stating them to belong to James Mangles.
JANE HENRIETTA DEVINA . I am ladies'-maid to Mrs. William Dampier. Her husband is an officer in the civil service in India—she is in Pairs—this property belongs to her, and was in Mr. Magnay's warehouse.
JAMES CHRISTOPHER EVANS . I am an officer. On the 19th of October, I went with Fogg to the prisoner's house, No.5, Pell-street, St. George's—we had information that he lived there—he was not at home—we found on the sideboard, in his front parlour, twenty-nine books, some of which have Mr. Dampier's name in them—we went down stairs, and found in a chest, in the kitchen, sixty-one books of a similar description, making ninety in all—we found up stairs, in the drawers, twenty-five towels, eighteen pillow-cases, seventeen sheets, nine petticoats, three nightcaps, twenty-one shifts, seven pairs of drawers, and a few other trifling articles—I remained in care of the property, and Fogg went out, and returned in about two hours with the prisoner—he said to his wife, "These gentleman have come after the things I bought"—Fogg told him to come down stairs, and he showed him the property—he said, "That is the property I bought of two Irishmen on the other side of the water, and gave 5l. 10s. for it"—I asked if he knew who the Irishmen were—he said no, he had never seen them before—the prisoner is a carpenter.
Cross-examined by MR. DOANE. Q. You met not the slightest opposition? A. No—twenty-nine of these books were on the sideboard—the owner's name was not torn out—there is a public-house called the Watermen's Arms, at Rotherhithe, perhaps two hundred yards from Mr. Mangles—the prisoner said at once that it was his property, and he had bought it.
JAMES FOGG . I am a Thames police-officer. I accompanied Evans to the prisoner's house—I had seen the prisoner at work at Mr. Mangles, as a joiner—I went to Shoreditch and found him at work—I had some conversation with him, but not relative to this—when I had got him into the street, I told him what I wanted him for—he asked who gave me the information—I told him Mr. Mangles' clerk, and we had been to his house, and found a great many books, and some wearing apparel, which had been stolen form Mr. Mangles' warehouse, where I had seen him at work—he said, "I must account for it; I bought it of an Irishman over the water, and gave 5l. 10s. for it"—I said it was very heavy, had he bought it all at one time—he said no, at three different times, that there were two Irishmen who met in the same place, and he bought them in the street about six weeks before that—he had paid them part of the money then, and the rest about three weeks after—the man he had them of said he had them from a ship, and he was going away for about a fortnight, and he had not seen him since—there was a plane and an oil-stone there, which had Mr. Kidd's name on them—I asked him where he got them—he said he had them altogether.
Cross-examined Q. Do you know the Watermen's Arms? A. Yes; it is much frequented by shipwrights and working men—a great many ment work near Mr. Magnay's—the gaes are open, but persons cannot go in without its being known.
was there secure—I saw it in the middle of June—the prisoner was at work there the latter end of July, August, and part of September—I missed this property on the 2nd of October.
Cross-examined. Q. Is Mr. Mangles here? A. No; I saw the case which contained the property about the middle of June, but I did not know what was in it—on the 2nd of October I saw it had been broken open.
COURT. Q. When the cases came to you were they fastened? A. Yes.
Cross-examined. Q. When did you see it? A. On the 17th or 18th of June it was opened for me, as I wanted a package for Mrs. Dampier—I saw it fastened up again by the man who opened it for me.
(The prisoner put in a written defence, stating that he had purchased the articles at the Watermen's Arms, at Rotherhithe.)
(Charles Hare, housekeeper, at the Custom-house; Mr. salmon, a baker, of Ratcliffe-highway; and Mr. Cole, a publican, at Greenwich, gave the prisoner a good character.)
GUILTY—Aged 55. Recommended to mercy by the Jury. — Confined One Year.
CAROLINE PORTER . I live in Morgan-street, and work for a person in Charlotte-court, Charlotte-street: she works at jackets and trowsers. On Saturday night she had paid me half-a-crown—that was all I had to take that week—I went with Clayworth to buy a paper of pins, at Mr. Jones's, boot and shoe shop—we heard the prisoner and another singing, "Five needles and a bodkin for a halfpenny"—I bought one, and gave the prisoner the half-crown, as I had no halfpence—my companion bought one too—I looked at my case, and it contained only one needle and one bodkin—I had given the prisoner the half-crown, and he asked the other young man to give him change; he pulled out some halfpence, but did not give him change—I then looked at my needles—I turned to get my money, and they had both run away—I saw the prisoner on the Saturday following, in the Commercial-road, singing the same song—I called the policeman, and gave him into custody.
Prisoner. Q. When you gave me the half-crown, why did you let me run away? A. There were but two or three persons there.
MARY CLAYWORTH . I was with the prosecutrix. They were both singing, "Five needles, a bodkin and case, and song, for a half-penny"—I bought one of the prisoner's companion—I gave a halfpenny for it—I saw the prosecutrix put the half-crown into the prisoner's hand—she then turned to look at her needles, and they were gone—I had only two needles and no bodkin—they were gone instantly—I am sure the prisoner is the man.
EDWIN BELL (police-constable H 184.) On Saturday night, the 17th, the witness came to me and stated that on the previous Saturday she went to Whitechapel, to buy a paper of pins, and saw these two young men singing a song, that she bought one and gave the prisoner half-a-crown—I took the prisoner—he said he knew nothing of it—while conveying him to the station-house, he admitted that he remembered the prosecutrix having
bought a needle-case, but she gave him a halfpenny for it—he repeated the same before the Magistrate.
Prisoner's Defence. I was selling my needle-cases—she came and said she gave the half-crown in mistake for a halfpenny; and at the station-house she said she gave it me to get change; and the young man who was with me can state that we sold the last needle-case before we left the spot—it was at the corner of Osborne-street.
RICHARD JONES . I was with the prisoner on the Saturday night that the young woman accuses us of—I saw no person give him half-a-crown to ask for change—when we went home I never saw half-a-crown—I swear that no half-crown was given us—I was singing the song—I sold some needles—one of them swore that she bought one of me; but I have no knowledge of her—I will not swear that neither of them gave a half-crown, but I did not see them.
GUILTY . Aged 24.— Transported for Seven Years.
Before Mr. Common Sergeant.
2243. THOMAS HUMPHREYS was indicted for stealing, on the 17th of October, two picture-frames, value 16s., the property of Frederick Dolman; and WILLIAM HUMPHREYS was indicted for feloniously receiving the same well knowing them to have been stolen, &c.
MR. DOANE conducted the Prosecution.
ALFRED DOLMAN . My father is a carver and gilder; he carries on his business in Upper Berkeley-street. On October 17th, I was left in charge of the shop, at the corner of the Edgeware-road—about three o'clock, the prisoner Thomas Humphreys came, and asked the price of a frame—that was Thursday—I told him 5s.6d.—I took it out of the window—he asked me whether I would allow him to take it over to Oxford-terrace, to show to a lady—I said I did not like without my father's permission—he said my father knew him, and had sold him some plate-glass; and then he took it away without my permission—I gave him no leave whatever—I had objected to it—he promised he would return in about half an hour—he returned in about that time—he did not bring back the frame, but asked if I had got a better one—I took one out of the window—he asked the price—I said 10s. 6d.—he asked me if I would allow him to take it where he took the first; I said I did not like without my father's permission—he said I need not be afraid, and he would bring it back in an hour—he then asked me to make a bill and receipt, and he would pay me; which I did—he put the bill into his pocket, and took the frame, and went away, and said he would return in half an hour—I was present when he was taken in the Crown public-house—I did not see the other prisoner.
Cross-examined by MR. PAYNE. Q. Were you not authorized to sell things there? A. Yes—I did not allow him to take the frames upon his saying he had sold my father some plate-glass—it was the first and second time that he asked me to let him have them to show a lady in Oxford-terrace—it was the first time that he told me he had sold my father plateglass—I could not help his taking the second—I had not told any bode—I did not allow him to take the first frame upon his representation—I could not run after him, as I had nobody to mind the shop—our house stands by itself—but there are many persons passing—I told him he must not take it, but he took it notwithstanding—I could not help myself—between the time of his going away the first time, and coming again, my father came in, and I told him—he went out again—I swear I
did not allow him to take the second frame away—I took no means to stop him, because I made sure he would come back—he came back about half-past six o'clock—I made out a bill and receipt—he brought no frames back either time—this was a third time—I did not stop him, because I thought he was going to pay—he said he would be back in an hour's time—I saw him in the Crown public-house, adjoining our premises, where he was taken, he had called me in, as he took the third frame away, and told me to make out a receipt; which I did, and he put it in his pocket, and told me to go and ask my father if he would take 5s.—he would have it—I went—my father was not at home—my mother said she would—I went, and he said, if I would wait two or three minutes, he would pay me—a lady came to the shop, and I was obliged to go and answer her; and the prisoner was gone.
MR. DOANE. Q. Then he came a third time? A. Yes—he got a picture frame away then—I then locked up the shop, and followed him—I told my father directly I saw him, and he was taken.
Cross-examined. A. Had you Seen him before? A. Oh, Yes, several times—he has been at our house.
FREDERICK DOLMAN . I carry on the business—my son is often left in care of the place—Thomas Humphreys was pointed out to me by my son—I had not known him before, and had no dealings with him about any plate-glass—these frames are worth 16s., 18s., 1l.
JOHN HICKEY (police-constable D 78.) I took the prisoner Thomas Humphreys, and found the receipts on him—he took them out of his pocket and held them in his hand—he tried to get into the public-house again from me, and said he would knock me down, and said he did not care a d—n, for he had the receipts in his pocket.
Thomas Humphreys' Defence. I bought them with the idea of paying for them—they wee pledged without my knowledge—I went to the Crown two or three times, expecting to receive the money for them—I then heard that they were pledged.
William Humphreys' Defence. I am a general dealer, and deal in furniture—a person came to me and wanted some frames; my brother said he thought he could get some as cheap as any—where he bought them—I took them to the person, who was gone out of town—I wanted money, and pledged them, thinking I had a right to do so.
THOMAS HUMPHREYS— GUILTY . Aged 24.
WILLIAM HUMPHREYS— GUILTY . Aged 20.
Recommended to mercy by the Prosecutor.— Confined six months.
2244. MARY LIGHTFOOT was indicted for stealing, on the 22nd of October, 2 handkerchiefs, value 3s.; 1 milk-jug, value 3d.; 1 smelling-bottle, value 1s.; 11b. of soap, value 6d.; 1 bottle, value 6d.; and one pint and a half of wine, value 2s.; the goods of William Henry Hearnden, here master.
WILLIAM HENRY HEARNDEN . I live in Edgeware-road, and am a linen-draper. The prisoner was my servant—I discharged her on the 22nd of October—I sent for an officer to search her boxes—they were searched partly in my presence, and partly in my wife's—I saw this milk-jug,
smelling-bottle, and two handkerchiefs found—they are mine—I know the boxes were the prisoner's—she corded them up to take away.
Cross-examined by MR. DOANE. Q. Are these handkerchiefs yours? A. Yes.
Prisoner's Defence. One of these handkerchiefs which my master swears to was my own, the other I put in my box because my mistress should not see it, as she had told me to wash it, and I had not done so—I do not know how the smelling-bottle came in my box, but the child had it to play with, some days before—I had had a violent cold, and a friend gave me some jam—I broke the cup, and I took that jug to take it in.
NOT GUILTY .
2245. JOHN SHEEN was indicted for stealing, on the 26th of October, 1 bag, value 1s.; 2 handkerchiefs, value 2s.; 17 keys, value 5s.; and 1 sovereign; the goods and monies of Alexander Young, from the person of Patty Young.
PATTY YOUNG . I am the wife of Alexander Young, of Compton-street, Regent-square. About twelve o'clock at noon, on the 26th of October, I was walking in Great Queen-street, and had my reticule on my left arm—some one suddenly tore it from my arm—there were two pocket-handkerchiefs in it, seventeen keys, and one sovereign—it was opposite a passage, and the person ran away—is the bag, and these are the contents.
WILLIAM ANSELL . I reside in Great Queen-street. I was standing at my front door, and saw the prisoner dart from a passage and snatch the lady's reticule, and break the string—I followed and overtook him—my shopman took him—in turning a corner he threw this reticule down an area, but I did not see him do it—it was thrown down the instant I turned, and he was running just before.
Prisoner. There were several running between me and him. Witness. No, not a creature—I took the bag up, and desired my servant to take him, which he did.
Prisoner's Defence. I was going home—I did not know they were calling "Stop thief," after me, there were several persons running.
GUILTY . Aged 20. Transported for Seven Years.
2246. SUSAN CAMPBELL was indicted for stealing, on the 19th of October, 1 apron, value 4d.; 2 towels, value 4d.; 2 pairs of stockings, value 4d.; and 9 ale-glasses, value 4s.; the goods of Edward Valentine, her master.
EDWARD VALENTINE . I live in Clare-street, Clare-market. The prisoner lived in my service—on the 20th of October I caused her box to be searched, and found one apron only, and in her bed-rood, which was locked, we found two pairs of stockings of mine, and in a bundle, two towels—these are them—these shawls were found, in consequence of some duplicates in her box—I found these nine ale-glasses at Mr. Clime's, Liquorpond-street—I cannot swear to them.
Cross-examined by MR. PAYNE. Q. How long had she been in your employment? A. Since Easter-Wednesday—she had uncontrolled possession of all the monies and articles in the house—she was not trusted
with the bar—not to serve—I found these stockings in her room, which was locked—before I could enter, she had to unlock the door—they were very dirty; there would be no harm in her taking them into her room till they were washed—the towels were in her bundle, in her possession—the bundle was composed of a gown and a handkerchief of her own—she might have taken these towels to fetch her gown in—the apron was in her box—she might have put it in the box without intending to deprive me of it—I never should have sent this case to the Magistrate, unless she had admitted the taking the glasses from me—I could not have sworn to them—I found the duplicates in her box—I certainly do take blame to myself for giving her that liberty—I am an unmarried man, and do take blame—she was in the nature of a wife, in every thing else but money matters.
CATHARINE CORDEY . I live in Tothill-street, St. Andrew's, Holborn, and am the wife of John Cordey. I missed a cloak and sheet on the 13th of October, from a box—I am not sure whether it was locked—the prisoner came in about nine o'clock in the morning, as I went out.
GEORGE BONNER . I am a pawnbroker, and live at Mr. Clime's, a Liquorpond-street. I took in these things of the prisoner, on the 13th at October, for six shillings—I was very particular in asking who they belonged to—she said her mother—I have known her mother and her father a long time.
Prisoner. The proseccutrix encouraged me to go to her house
(Sarah Smedlin and Sarah Smith gave the prisoner a good character and her parents promised to take her home.)
GUILTY. Aged 14.—Recommended to mercy by the jury and Prosecutrix. — Confined Five days.
JOHN ELLISON . I am a linen-draper, and live in Tottenham Court-road. I had twenty—five yards of sheeting in my shop on the 20th of October, the officer brought it and the prisoner back, about a quarter past eight o'clock—I had seen it safe at eight O'clock—this is it.
JOSEPH LEATHARTY . I was in Tottenham Court-road that evening—I saw the prisoner and two others about the procecutor's shop—the tallest of the three went and fetched out this linen, and gave it to the prisoner, who tried to put it under his coat—I ran across, and tried to take the others, but they got away—I took the prisoner with this—the policeman came up and took him.
Prisoner's Defence. I was in Tottenham Court-road—I met these two young men; they asked me to take a walk as far as Bond-street, which I did—in coming back they said they had to call in Tottenham Court-road—I waited while one went in and brought the things out, and told one to put them under my coat—I thought he had bought them.
GUILTY . Aged 17.— Confined Six Months.
2249. BENJAMIN COHEN was indicted for feloniously receiving of a certain evil-disposed person, on the 17th of October, at St. Leonard, Shoreditch, 2lbs. of saffron, value 21l.; 351bs. of gamboge, value 4l.; 10lbs. of isinglass, value 7l.; and 5lbs. of scammony, value 3l.; the goods of Charles Buchannan, well knowing them to have been stolen, against the Statue, &c.
MR. BODKIN conducted the prosecution.
CHARLES BUCHANNAN . I am a wholesale druggist, and live in Thames-street. John Foster was my porter for about twelve months—about eight months in my individual service, and four months previously, in the service of myself and another—I came to town to the warehouse, on Monday morning, the 19th of October, and Foster made a communication to me—I found there was an appearance of violence to the window, and some parts of my warehouse—a chest of manna had been broken in one room, and a chest of saffron was broken, and I missed a parcel of isinglass—from sixty to seventy pounds of manna had been taken; the chest was quite empty—it was worth 5s. per pound—I got the assistance of Josiah Evans, the officer, and I pointed out to him the marks of violence which my premises presented—in a subsequent part of the day I gave Foster to Maclean—l had him taken, from something said by the officer—Foster then made a statement voluntarily, without any promise on my part; and in consequence of what he said, I went to the prisoner's house, in Hackney-road, with Roe and Maclean—he carries on the business of a confectioner—Roe went in first, I followed him momentarily—Maclean entered at the same time with Foster—Cohen was at home, in the front shop—Roe called him backwards into his house, there being persons in the shop—they went into his back parlour, and we followed immediately—nothing was asked in the front shop—when we got into the back parlour, Roe had put questions to which he was apparently giving an answer—I did not hear what he said distinctly—the first question I heard Roe put, was, "Where are the goods you received this morning?"—he replied, "I will show you, "and attempted to go out of the back door, near which he was then standing—Roe refused to allow him to leave the room, and insisted upon his stating where they were—he made several attempts to induce Roe to allow him to show where they were; and finding he would not, he said, "My wife shall show you"—his wife came in almost immediately, I suppose two minutes after we entered the house; and when she came in, she said, "What are these gentlemen wanting?"—the prisoner said, "They are come about the bag that came this morning; show them where it is"—she look Roe into the yard, and he brought from a building in the yard, a bag containing manna, and a paper bag containing isinglass—I examined the bag containing manna, and have since seen it weighed—it is rather more than sixty pounds—I have no doubt but that it is of the same kind and quality as that lost from my warehouse—I had seen the same bag in my warehouse the Friday previous—whilst there, there was a man who appeared to be an acquaintance of Cohen—he asked him, "From whom did you receive those goods?" pointing to the two bags—Cohen's reply was, "That is the man"—pointing to Foster, who was in a corner of the room—it is utterly impossible to recognise the isinglass, but the bag I had seen on the Tuesday preceding.
Cross-examined by MR. PHILLIPS. Q. Have you any partner? A. No; Foster gave me no information with respect to this, till he was taken into custody—he was not a witness before the Grand Jury—he was there ready if called—he told me before I went in what he could say, and I gave them the same account that I have given to—day—I did not give evidence before the Grand Jury, where the bill was ignored—the manna came from
James Metcalf and Co., who are druggists—I do not know whether they send out these sort of bags—it came to me empty, to be filled with certain goods—it was the first bag I received from them, and the last—I had had it three weeks, but the order was countermanded—I told the Justice that Cohen pointed to Foster, an said, "That is the man"—I do not know whether that was taken down—my evidence was read over to me to sign—I believe it was taken down—I had sent for the officer before Foster gave me any information—I had him before the Magistrates subsequently on this charge, and he was committed for trail—I sent him before the Grand Jury, because I had got information which I could support by affidavit—he had been in my employ about twelve months—he never gave the least information till he was in custody—I did not tell him if he gave evidence he should not be tried—I shall not indict him—I gave him no intimation of that—nor have I told any one else to tell him, nor given any instruction to do so—when Cohen said, "That is the man, "a man was present, I do not know his name, he stated himself to be a horse-dealer.
JOHN ROE . I am an officer. I was called to the prosecutor's premises on the morning of the 19th, and was shown certain appearances as of breaking into the premises—they certainly did not appear as if caused by persons from without the premises—after you enter, you go along the passage, then there is a window which had been pushed out—I looked at the window-sill, and saw the dust was there, and no person had gone over it—I looked over the place, and the result was that no person had come from outside—I told Mr. Buchanan so, and then Foster was taken—he made a statement to Mr. Buchanan—I then went with them to Cohen's, in Hackney-road, about half-past four o'clock in the afternoon—I went and saw Cohen in the shop, and another person talking to him—I beckoned him to come to me in the back-room—I pointed to Foster, who was then standing in the shop with Maclean and Mr. Buchanan—I asked Cohen if he knew him—he said, "No"—I asked him if he had purchased any goods of him—he said, "No"—I said, "Where are the bags of goods brought by the porter this morning?" he said, "Let me fetch my wife, and she shall get them"—I said, "No"—he then asked me again—I said, "No"—at that moment the wife came in—he asked her to get the bag that was brought there by the porter that morning—she then took me to a back wash-house, and gave me the bag of manna, which was shown to Mr. Buchanan, and identified—I also found some isinglass in a bag, it was standing by the side of the manna—I then searched the place, but found nothing else.
Cross-examined by MR. CLARKSON. Q. Then your conversation was more directed to the wife than to the prisoner? A. It was so—I did not hear Cohen say he received them from Foster—he denied that he knew Foster, but he never denied having the goods on the premises—I had heard something about saffron—Foster made no communication to me—he has not, to my knowledge, given any account of what has become of the saffron.
JOSEPH FOSTER . I was seventeen years old last July, I have been to Mr. Buchanan's service about twelve months—I have known the prisoner between four and five months—I was going by his shop, and I went in to buy something—I had a few pods of tamarinds in my hand at the time—he asked me whether I had got any of them to dispose of—I told him no
I had none—he asked me two or three times—I told him no, and I went out—he kept questioning me, to know whether I had any to sell—I did not tell him who I was—nothing else passed that night—I saw him again the next morning—he was standing at the door, which I had to pass in going from my house to the warehouse—he stopped me and asked if I had any to dispose of, and said he would give me a very good price—I told him I had none—he walked a little way with me, and kept questioning me—at last I took him down some—at that time he did not know where I worked—he asked me very soon after, and I told him I worked for Messrs. Buchanan and Meggeson—he said he knew some of their men very well, and asked whether I could get any things so that my master should not know—if I could get it to his house, he could get it away directly; so that no one should know about it—after this I had dealings with him often, and I received money from him a great many times—he walked with me several mornings, and asked if my master did not deal in saffron and different things—he saw me often enough to know me—on the Saturday in question some saffron, gambooge, tamarinds, and isinglass was taken from my master's warehouse, and on the Monday morning some manna was taken from the middle floor there—it was in a box—I stole it—I took, I suppose, about 50lbs.—I put it into a cloth bag, and took it to the public-house at the corner of Fish-street-hill, and asked if I could leave it there—I did not know Thomas King at that time—I saw him standing outside the public-house—I asked him if he knew Hackney-road—he said, "Yes"—I asked if he knew Mr. Cohen—he said, "No"—I gave King the bag to take to Mr. Cohen—when I asked him if he knew him, he said he did not know him, but he dare say he should find it—I told him to take it to Mr. Cohen, a little beyond the church, on the left-hand side—he then took the bag—it was about half-past eleven o'clock in the morning—that was about two hours and a quarter after I had brought it from the warehouse—I brought it out at about five minutes to nine—I had had some conversation with Cohen that morning about the manna—I saw him at his house at about eight o'clock—I asked him whether he could come and take the manna—he said, no; he could not carry so much for twenty guineas—I told him there was about a cwt.—that was what I guessed it at—I had not taken it out of the chest—one shilling a pound was to be given for it—Cohen stated that—I remember Mr. Buchanan coming to the warehouse that day—I told him of a robbery at the place—I had caused the window and rails to present that appearance, which I pointed out to Mr. Buchanan—what I told him about it was false—the officer was sent for—I was afterwards taken into custody.
Cross-examined by MR. CLARKSON. Q. Then you not only stole your master's property, but got up a sort of drama for him? A. Yes; I was never a thief till I went to this gentleman's employment, and never would have been if it had not been for the prisoner—I was very much shocked at first, but it gradually wore off—I did not turn thief before I went to Mr. Cohen's—I got the tamarinds from an empty cask in the wharf, and I was eating them as I went along—that is about four or five months ago—I went into Cohen's to buy two or three pennyworth of apples or sweet stuff—Mr. Cohen sold apples—I did buy something—I do not know what it was—no one was sleeping in the warehouse that night—I had the charge of it—I began to pull down the paling at about half-past five o'clock—I took the bars down, and the wooden palings inside the warehouse—I intented my master to believe that the house had been broken upon—the window was on the first floor, and he might think the thief had keys—I do
not know who King is, nor how he gets his living—he stood outside the door, rather better than one hundred yards off—it was about half-past eleven o'clock when I spoke to him—I had not seen him before—there was no one on the premises to help me to sham this robbery—I did it all out of my own head—Cohen did not tell me to do it, but he told me he would have a horse and cart down to take the things away—he said he could not that morning, but he would the next, but I wanted the things away—Mr. Buchanan has had me about six months—I had lived with Buchanan and Meggeson before, for about six months—I have been examined about thirteen months ago, at the Old Bailey, (about one month before I went to Buchanan and Meggeson), in the Old Court, as it was called—a young man broke into a house, and he had some money, and asked me to mind it—but I did not know he broke into the house—it was four sovereigns—his name was Smith—I had known him sometime, we were not quite pals—a pal is any one you get acquainted with, I should think—I was not to plant the four sovereigns, he asked me to mind them for him—I do not know what planting means—I do not know that it is the slang phrase for concealing them—I was not in gaol on that charge, I was taken up as a witness—I went before the Grand Jury—the bill was ignored, but they believed me—I had not been examined before—I had lived with Mr. Tully, a grocer, before I went into the prosecutor's service—I left him because he had got nothing for me to do—it was not his house that was broken, but Mr. Serjeant's, of Clapton-square—I used to go there for order of a morning—the man who broken open the house, and gave me the money to mind, was working at Mr. Serjeant's, and he asked me if I would mind that, as he was going to stop out all night—I did not ask where it came from—he came and asked me for the four sovereigns the next morning and I gave them to him—he was taken up, I believe, the next day.
Q. I suppose when you found that a robbery had been committed, you went and gave information? A. No, I did not; they asked me if I knew any thing about it—I then lived at Mr. Piddock's a quarter of a mile from Mr. Serjeant's—I felt sorry for what I had done before I was taken into custody, but not before I saw Mr. Buchanan.
THOMAS KING . I am a porter. On Monday morning, the 19th of October, I was at the foot of London-bridge, between eleven and twelve o'clock, close to Thames-street—a young man came to me in shirt-sleeves, in a hurry, and gave me a bag to take to Hackney-road—I took it to Mr. Cohen's house, by his direction—it is a sweetmeat shop I think—I delivered it to a man in a fustian jacket in the shop—I said, "I understand this bag is for you"—he said, "Yes, did he pay you?"—I said, "Yes," and left the bag on the counter.
Cross-examined by MR. PHILLIPS. Q. You would not know either of the persons again? A. I do not know that I should.
COURT to JOHN ROE. Q. When you went to the prosecutor's warehouse, were there wooden rails there? A. Yes; they are fixed to a partition is the first floor—they had been broken down, and a window on the staircase was out.
THOMAS BRISTOW . I am an umbrella-maker in Church-street, Hackney. I know Cohen's shop in Hackney-road—I saw Foster go there once, about the beginning of August—I had been to London for materials, and he overtook me in Shoreditch; he said he had to call in Hackney-road—I went into the shop with him, and had one pennyworth of filberts—I came out again with Foster, and then he went in again, and I waited for him—he came out in about ten minutes, and we went on together.
Cross-examined by MR. PHILLIPS. Q. How long had you known him? A. About six years—I knew him at the time Mr. Serjeant's house was broken—I often go into Foster's house and he comes into mine—we are on friendly terms—I have no notion of going to travel with him after this trial in over, or of going to Jamaica with him—I might have said so, but in no other way than a joke—I did say so just now in Court, but to no one in particular—any one might have heard it—I did not say to Jamaica.
Q. How came you to say you did say it if you did not? A. I said I was going to Jamerica—I said it to myself—I did not say Foster was going with me—I did not mention Foster's name in conjunction with myself as being going to travel—I have got trade enough at home to keep me.
Q. Did you not say you were going to travel to Jamerica with Foster? Witness. A. Can you tell me where Jamerica is? I will not be certain whether I mentioned Foster's name in conjunction with myself or not—I did not tell you that I did not mention his name.
Q. Are you aware that you are on your oath in every answer you have given me? A. O yes, yes; I said I was going to Jamerica—I am not aware that I swore that I did not mention Foster's name.
Prisoner's Defence. On Saturday night Foster came to my house—I had not seen him before—he asked if I could buy some goods, as he had some he could send on Monday morning, and on Monday the goods came. I told him I could not say the price before I saw the articles, and told him to come on Monday, but he did not; I asked him if he got them honestly—he said he could bring me the till and receipt for them.
(Nineteen witnesses gave the prisoner a good character.)
GUILTY . Aged 36.— Transported for Fourteen Years.
Fifth Jury, before Mr. Common Sergeant.
ANN COPE . I am the wife of Charles Cornelius Cope—we live in Tichbourn-street, Edgeware-road. The prisoner used to come to clean boots and shoes. On the 24th of September, I gave him three sovereigns, a shilling, and a duplicate, to get a chimney-glass out of pawn—I never saw him again till he was in custody.
(The prisoner put in a written defence, stating that the prosecutrix kept a house of ill-flame, of which the witnesses were the inmates; and declaring his innocence.)
(Elizabeth Cox, and Sarah West, of George-street, Edgeware-road, gave the prisoner a good character.)
GUILTY . Aged 30— Confined Six Months.
2251. HONORA SINNOTT, DENNIS DRISCOLL and THOMAS TURPIN , were indicted for stealing, on the 18th of October, 1 vial, value 2d.; 1 snuff-box, value 6d.; 1 knife, value 1s.; and 1 handkerchief, value 2d.; the goods of William Major, from his person.
WILLIAM MAJOR . I live in Lucas-street. On the 17th of October I had this property in my pocket, and got intoxicated—I have a slight recollection of meeting the female prisoner and Turpin—I came to my senses about five o'clock the next morning, and missed this property.
Sinnott. He met me, and asked me to have something to drink—he dropped his stick—I picked it up, and he dropped his snuff-box, and as ink-bottle—he told me to mind them. Witness. I cannot deny it one way or the other.
Cross-examined by MR. PHILLIPS. Q. Have you an accurate recollection of the circumstances of that night at all? A. No—I do not remember drinking some ale in a public-house, or being cleared out by the landlord—I do not remember any quarrel, or taking off my coat to fight, it was all a scene of confusion—I might take off my coat and waistcoat, and give them to a person to hold—these things might have fallen out of my pocket, and any person might have picked them up in the street—I cannot tell what presents I might make.
JAMES MANN . I am a police-constable. I went into a coffee-shop, where I saw the prosecutor sitting in a box—he was not very tipsy—he seemed to have been asleep some time—the female prisoner sat next him—the felt his pockets, and then she got up and threw her arms over him to get at his left-hand pocket—she drew something out, and put her hand under the table, and Driscoll put his right arm towards her—I and my brother officer went up, pulled his arm from under the table, and found in his band this box and ink-bottle—we took them to the station, and on Turpin I found a handkerchief, penknife, and memorandum-book.
Cross-examined. Q. Were you and your brother-officer looking at all this? A. Yes—we had our dresses on—the prisoners could see us—they and the prosecutor had been drinking, but were not to say drunk.
NOT GUILTY .
2252. ANN RYDER and WILLIAM POWELL were indicted for stealing, on the 26th of October 1 watch, value 2l.; 1 watch-key, value 2 d.; and 4 rings, value 6d.; the goods of Thomas Bannister, from his person.
THOMAS BANNISTER . I am a gardener. I was going through Uxbridge about seven o'clock on the 26th of October. I intended to sleep at the Bell, but the prisoner Ryder took me by the arm, and said, "Where are you going?"—I said I wanted a lodging—we went into the Chequers' tap-room, and had a pintof beer and a pipe—we came out, and then she asked me to go to a lodging and asked me for one penny to get a candle, which I gave her—she then bought a candle, and took a light from next door—she unlocked a door, took me up stairs, and said, "Here is my room"—I said it would not do for me, I should not stop—we came out again and she locked the door—we walked up the Chequers' yard, and she asked me to treat her—I would not give her any thing—she then and three men followed her—who they were, I do not know—I told Darvill—he directed me to stop at the yard and he went and found my watch in less than half an hour—this is it.
watch, that she had taken from a man in Chequers' yard—she said she had none—I said that would not do, we must have it, and her too—she then began to cry, and said she would not get into a hobble for any man; if we would go to Powell, we should get it; and Darvill went and took him.
Powell's Defence. This officer was tipsy—he did not come into the house—a young man came, and asked me for the watch—I said I had thrown it away—I had met Ryder, who gave me the watch, and said, "Take care of it, there is a row about it"—when I was asked for it, I got it for them.
RYDER— GUILTY . Aged 17.— Confined Two Months.
POWELL— NOT GUILTY .
MR. BODKIN conducted the Prosecution.
SARAH FOSTER . I am in partnership with Mr. John Batt, a salesman, in Smithfield. The prisoner was in our employ so far as to attend to business on the two market-days, in Smithfield—he had his victuals at our house sometimes—it was his duty, when he received money, to take it to Mr. Biggerstaff—he has not accounted to me for 4l. 10s., and 3l. 15s.
Cross-examined by MR. PHILLIPS. Q. When was it his duty to account to you for the sums he received on market-days? A. I settle my book with Mr. Biggerstaff on Mondays—the prisoner did not account to me—he is my partner's nephew—I am Mr. Batt's aunt—the prisoner did my work—he was employed by my partner—he was not employed as either clerk or servent—he volunteered to do what he did—I know nothing about his going into business on his own account—he has not accounted to his uncle for a length of time—I do not know that he has for twelve months—his uncle is not able to go out.
MR. BODKIN. Q. How long is it since he offered his services to do the work at Smithfield? A. Between two and three years—there was no arrangement made with him for wages—he was to take the money he received to Mr. Biggerstaff, the agent.
WILLIAM BIGGERSTAFF . I am agent to Foster and Batt. The prisoner acted in their business for the sale of cattle in Smithfield—if he received any money it was his duty to bring it to me directly—he never accounted to me on the 25th of September for 3l. 15s. or for 4l. 10s.
Cross-examined. Q. Do not you know that he used to buy in the market? A. Certainly not, to my knowledge—I know he went into business for himself—he did not tell me he had been shamefully used, and had determined to start for himself—he spoke to me on the Wednesday before the 25th of September—I told him if he would keep out of the way that nothing more would be done—I told him so out of kindness, as I knew he was accused—I have a letter from him, in which he acknowledges he had received these sums, and several others—he happened to be taken on the day it was found he was in business, because that was the first day he was seen—I have had to pay the whole of the money, which is 50l.
Cross-examined. Q. Did you deal with the prisoner himself? A. Yes; and he bought some things—I have known him to buy calves at Romford within the last twelve months, and at Smithfield.
Prisoner's Defence. I went to live with Mr. Batt—I received no wages—I then left him for two or three years; and after he was taken ill, I went and took his business in hand—things were very bad, as Mr. Biggerstaff knows well, and I believe they are so now—Mr. Batt, being of a bad state of mind, said he was being starved—I was obliged to get him a home and cart, and whatever he wanted—he looked to me for every thing; and the distressed state they were in, obliged me to do as I did—when I found I could not go on any farther, I was obliged to leave Smithfield entirely—I came to a conclusion to set up for myself; and after three market-days I was taken—Mrs. Foster has not for a long time paid any expenses of the business.
(James Wren gave the prisoner a good character.)
GUILTY . Aged 21.— Transported for Seven Years.
OLD COURT.—Saturday, October 30, 1835.
Fourth Jury, before Mr. Justice Gaselee.
WILLIAM LITTLE . I am a carpenter, and live in Kingsland-road, in the parish of St. Leonard, Shoreditch. I have a house there which is unoccupied. In consequence of information, I went to the house on Tuesday night last, the 27th, at about seven o'clock, and found two stoves removed from the upper bed-rooms—I found a policeman in the house—he brought a stove to me, and asked me if it was my property—I said it was—he went up stairs, and fitted it in the place where it had been set, and it exactly fitted the place—I had seen it safe on the Monday, I think, or on the Saturday—I have since seen the other—they are worth 10s. and more to me.
Cross-examined by MR. CLARKSON. Q. Had you been to the premises on the Sunday? A. No—I cannot undertake to swear they might not have been taken out from the place on Sunday or Monday.
JOHN MERCY . I am a painter and glazier, and live in York-row, Kingsland-road. On Tuesday evening, I was opposite Mr. Little's empty house, and saw a man standing, with a white jacket on, in front of the house—I saw him come to the pavement—he looked up and down the oad, and went back to the area—he was about half-way to the area when I first saw him—I saw him stoop down, and appear to be taking something from the area—he left it on the parapet wall, came again to the pavement, returned to the area, and appeared to be taking something up, as he was before, and he came away—the policeman came to me at that time whom I had sent for—the prisoner Hutchins was the man in the white jacket—I made a communication to the policeman, and went across the road with him to the men—I told him these were the men who had been in Mr. Little's house, or doing something to Mr. Little's house, and he was to bring them back—they had gut about fifty yards when the policeman stopped them—they said they had not been into any place, but
had come straight down the road—I said, "Bring them back to the house;" and I then lost sight of them, as I turned my back to go to the house—when we got to the house, I found the grate of the wall of the area—I said, "This is what they have been taking from the house, and I shall take it to the station-house"—I told the policeman to take the prisoners there—when I got to the station-house, my hands were black with touching the grate; and I said, if the prisoners had touched the grate, their hands must also be black; and both their hands were black—Barker said he had been in to make water against the bricks—after I came from Worship-street, I went back and examined the bricks, and they were quite dry.
Cross-examined. Q. What time was this? A. From six to half-past six o'clock—it was dark—I was at the next house till after dark, at work there—I first saw Barker within three yards of the area—I saw Hutchins take the thing up the area, and after that he was coming away I first saw Barker within three yards of the area, or if might be within half a yard—he was coming away from the area—the area does not about on the pavement, but on the garden before the house—there used to be palisades before it, but the parapet wall is taken down; the pavement is close to the parapet—he was not on the pavement—I kept my eye on Hutchins, that I might not lose sight of him—I first saw Barker on Mr. Little's ground—the road is about six yards from the area—Little's ground is not enclosed—it has been enclosed, but is open—it was on that open ground I first saw Barker—he was walking—coming from the area—he had nothing with him—I went to Worship-street the same night—it was dark when I first saw them—Worship-street is about threequarters of a mile from the house—we stopped there till eight o'clock—I ascertained that the bricks were quite dry, by a candle and lantern—I did not put my hand to the bricks—the weather was damp—if there had been water there, it must have remained there for hours—the ground was not wet with water—it was damp all alike—the bricks were dry, as they came from the kiln—the ground was not wet, nor dusty dry—there was no sign of any thing having been on it—I had the candle and lantern—the prisoners said they had been working at smith's business, but it was different black on their hand, to some rafters where they had been working, which I saw next day, passing by Shoreditch—the rafters were brown, but not black like the black of men's hands—I was passing by, on the other side of the road, when I saw the rafters—they are about twenty feet high—I did not think of examining them.
COURT. Q. Was the parapet wall completely removed between the house and pavement? A. Yes; the parapet of the next house is not removed—a person passing along the road could not be so near the area as Barker was—he must have gone in there; the area is about nine feet deep—I first saw Hutchins about half-way from the area to the pavement—he came to the pavement, and went back to the area, stooped down, and appeared to be taking something up—there are no steps to the area—somebody must have put the stove up the area for him.
DENNIS POWER . I am a policeman. On Tuesday night Mercy applied to me, and I saw the two prisoners on the opposite side of the road—he said, in the hearing of the prisoners, "Take these two men into custody, they have done something at a house"—I said, "What house?"—he said, "Mr. Little's house; bring them back"—and on my way back I asked the prisoners what brought them to that house—they both said they had
not been there at all, but had come down the road, and that they had come from work, and were going home—I brought them back to the area and immediately Mercy stooped down and took up a stove, which was lying on the parapet of the area, and in the presence of the prisoners he said, "This is what they have been stealing from Mr. Little's house"—he said, "You take the prisoners to the station-house, and I will take the stove"—I brought them to the Station-house, and there, in answer to as question, Hutchins's said, he went into the piece of ground, in front of the house, to make water—I cannot say whether the question was put by me or the inspector—the inspector wrote down the charge—he said he had gone inside the ground, not into the area—I then looked at the prisoners' hands—I found Hutchins's hands black, and Barker's also very black—it appeared to me to be soot, something similar to what was on the storeI then went to Mr. Little's house, and examined it, and found two stoves had been recently taken down, one in the front room, and one in the back, on the first floor—I traced a quantity of lime and black stuff down stairs—I went into the kitchen, and found the window forced open—I then proceeded to the ground in front of the house, and found a second stove on the parapet of the area, close to where the one was found—I brought it in and matched it with the fire-place—exactly fitted—I made a strict search round the house, but could find nothing else—I brought the stoves to the station-house—Mr. Little had come there by this time, and identified the stoves.
Cross-examined. Q. Had it rained in the course of the day? A. I cannot say, but the ground was damp,—I took at the prisoners' hands as a matter of course—I supposed that if they had been handling the stoves, they must be black—it was not in consequence of what Mercy said—he said, while I was looking at their hands, that if they had handled a stove, they must be black—I believe the prisoners had been working at Mr. Smith's—I do not know whether they had been working on iron—I did not examine the rafters of Smith's building.
Barker's Defence. I was at work at a building at Shoreditch for Mr. Smith, till ten minutes after five o'clock—the other prisoner was at work with me—we both left together, and went over the way, and had a pot of beer—w went up Kingsland-road, towards home—when we got to this house, my fellow-prisoner went in there for a necessary purpose.
Hutchins's Defence. I was with him the whole of the time.
NOT GUILTY .
2255. AARON COHEN was indicted for feloniously receiving of a certain evil-disposed person, on the 8th of September, 70 sacks, value 7l., the goods of Samuel Kidd, well knowing the same to have been stoles, against the Statute, &c.
MESSRS. ADOLPHUS and BODKIN conducted the prosecution.
RICHARD BRITTEN . I am chief clerk at Trigg's flour wharf, Upper Thames-street. In July last, I remember some bales coming from Mr. Cohen, to be forwarded to the paper mills at Maidenhead, to Mr. Venables—sixty and fifty-three bags, marked "C", came on the 20th, and on the 22nd, five bags came—they were to be forwarded to Mr. George Venables, at Cookham, near Maidenhead—I presume they are paper mills—I was in the habit of receiving such packages from the defendant—he is a
rag-merchant, and Mr. Venables a paper-maker—I remember a complaint being made by Mr. Venables, respecting some of the packages, shortly after they came, and in consequence of that complaint, some of the bales were returned to Cohen—I cannot say whether it was to be repacked—they were returned on the 26th, 27th, and 31st of August—they continue on the wharf to this day—I mean the last lot which now lies on the wharf, came on the 26th, 27th and 31st of August—I cannot say they were the same as I had had before—the Maidenhead barge was not in town, and the sacks were discovered in the meantime—Mr. Kidd came to the wharf in consequence of a communication which I made to him—I had not observed any thing particular about the sacks before that—our foreman had made a communication to me—I directed Mr. Kidd's attention to the remaining part of the bales which lay at the wharf—the wrappers were rotten—all those that lay on the ground tier were rotten, from the dampness of the place.
Cross-examined by MR. SERGEANT BOMPAS. Q. Your wharf is a very principal flour wharf? A. Yes; I manage the flour and wharfing department—that is not the wharf used by Mr. Kidd for his flour—it is used by millers, generally—some of the bales were bags; and those which remain now on the wharf are nets—what came down in July were bags—the nets are large, of eight or nine inches mesh, as if they were tied up with twine—Mr. Venables is the brother of the Alderman, I believe—the bags on my wharf were going to him—I never saw the defendent at our wharf before Mr. Kidd and he came down together—the whole number of bales I had were a hundred and seventeen or a hundred and eighteen, in July—I have an account of thirty-five on the wharf now—they are all in large mesh nets—those which came in July made about 10 tons—I presume Mr. Cohen is in a very large way of business—the notes are signed, "Aaron Cohen and Co."
MR. BODKIN. Q. Do you know that Cohen and Kidd came together, or did they meet there? A. Mr. Kidd came by appointment to meet Mr. Cohen, and they were both on the wharf together—that was after the sacks were discovered.
ROBER DEAR . I am foreman at Trigg's wharf. I remember a package being there, containing rags, directed to Mr. Venables—it had been there, I suppose, about two months before I made any observation on it—I then observed that the wrapper was rotten underneath, through lying on the ground—there were sacks in it—nothing else but the bag—I saw the name of "S. Kidd" on the sacks, but no direction—I told the last witness of it—those sacks appeared in very good condition, fit to be used for flour—I saw Mr. Cohen and Mr. Kidd at the wharf—this lot of sacks were then before them
BENJAMIN MESSENGER . I am employed to collect the different sacks from the different bakers and millers supplied with flour—I was at Trigg's wharf in September last, when Mr. Kidd and Mr. Cohen were there—I noticed some bales and bags there, the outside wrappers of which were rotten—the bales were opened in the presence of Mr. Cohen—I cannot say positively whether Mr. Kidd was present—on the 7th of September I found one sack, and on the 8th twenty-two sacks of Mr. Kidd's—Hopkins was with me—seventy of Mr. Kidd's sacks were found altogether—I was not present when more than the thirteen were found—I saw them on the wharf in netting—the rest were up stairs at Trigg's wharf—the whole seventy were there when Mr. Cohen and Mr. Kidd were there—they were in good condition—some of them have never been used but
once—(producing them)—the whole seventy had Mr. Kidd's name on them—they are marked in three places on each side—I believe there an twelve marks on them—I found sacks in this package belonging to other millers—there were thirty of Sharpe and Whitburns—the others were in pieces, but the names were visible—I found the names of "Charington," "Phillipson," "Franklin," "Heaves," "Hutton," "Aves, and Sears," "Clements, and Wilden"—I know those persons to be millers—then were two more—I collect sacks for all those persons—I have no doubt but they use Trigg's wharf—it is general wharf for taking in flour—I got a knife, and cut open the bags—Mr. Cohen gave me leave to open them all—he said he had no objection to my opening any of the bales that wen there—the bales out of which I took the twenty-three sacks were packed in the inside of netting, and some old stuff on the outside, old bag matting—there is some of it here—the netting was large mesh—a person looking through the netting could not see these sacks very well, unless the old stuff had been torn—I weighed twenty-six of them, which was 1cwt. 1qr. 10lbs.—I do not know what old sacking sells at per cwt.—the defendant told me he did not know how the sacks came there.
Cross-examined. Q. Were any of Cohen's men with you? A. One; be stood by, and helped to cut the matting open, and I looked them over—sometimes one had the knife, and sometimes another—I do not belive that he took out one sack—I belive I took them all out myself—I had not seen Mr. Kidd before—I understood he was to be there, but I had not seen him before—I I first saw the seventy sacks on the 8th or 9th, when we had counted them all over—the sacks with the names I have mentioned were in pieces—I could not see the names through the meshes—they were taken out from the inside—they would have come through the meshes, if they had not been so packed—at the outside the there were put large pieces to prevent the others tumbling through—I could see the corner of one of these flour sacks, the mesh being torn.
MR. BODKIN. Q. Suppose the mesh not to have been torn, would the bale have presented that sack directly, so that you could see it? A. I am not able to say whether it would be visible or not—the meshes were about nine or ten inches square—whole sacks of that size would not make their way through a mesh nine inches square—I belive it is generally the case that they put old sacking outside.
SAMUEL KIDD . I am a miller, and live at Worplesdon, in Surrey. I use a great number of sacks—I send flour to bakers and customers in my own sacks—in doing so I do not sell those sacks, or in any manner turn them over to the customers—I merely leave them for their use—sack collectors art appointed by the trade to collect them again.
COURT. Q. Are they appointed generally by the trade, or does each particular gentleman appoint his own collector? A. They are appointed by a party in the trade—Messenger collects for me.
MR. ADOLPHUS. Q. Do you always get back as many sacks as you send out, or do you occasionally lose a great many? A. We lose a great many—we have no reason to suppose we lose sacks from our own premises, which have not been sent out—I have looked at the whole seventy sacks here—they are all mine—I know them by the marks on them—l have no doubt of their having been sent out to bakers—I cannot tell to what bakers—this sack is worth about 2s. 6d. in its present state—none of them are at all worn, so as to be converted into rags for the paper-mill—in consequence of some notice I got from Trigg's wharf, I went there—
some sacks were taken out of a bundle—I saw forty-six of mine—I did not see how they had been packed—I saw some other bundles which had not been unpacked—I knew afterwards that they contained sacks of mine, but I did not see them—they were not discovered while I was there—the bales I saw packed were in netting, in a bale, and round them what they call bagging, and the mesh outside—it was not possible for any body looking at the bales to see my name on the sacks, or whether they were new or old—I looked particularly to see—Mr. Cohen told me he had had the sacks from Mrs. Palmer, of Bermondsey-street—I made immediate inquiry of Mrs. Palmer—the prisoner did not go with me—I saw him several times after—I saw him at Trigg's wharf—he called on me at the inn I put up at in the Borough—I did not call on him.
Cross-examined. Q. Did you go to his warehouse at all? A. I went on the first day to his warehouse—he told me he had several brothers partners—it was a very large eatablishment—I met him at Brook wharf, and went from there to Trigg wharf—I questioned him about the packages—he gave me no information about the sacks—we knew where they were—he did not send a parcel of sacks to me, to my knowledge—I do not know where they came from—I received thirty sacks, certainly—a hale of sacks was found in the road, at Guildford—I never heard where they came from—I said before the Lord Mayor that I had received them, but did not know where they came from—I did not say I had received twenty or thirty sacks from Mr. Cohen, and that be told me he had sent a parcel—I recollect that conversation very well—I supposed they came from him, but I do not know it—I was at the wharf with Mr. Cohen on the 8th of September, I think—Messenger was there, and Mr. Sharp and Mr. Hopkins—Cohen was standing by—I did not ask him to have a glass of brandy-and-water with me—he has been at the George lnn frequently, and what he had I had nothing to do with—I never paid for it—I went before the Lord Mayor on the 9th of October, I think—it was not before I went the first time that I got the sacks—it was before I went the last time—I think I did not find the sacks till after Cohen was before the Lord Mayor—I have a great number of sacks which I send out to backers—I do not deal with flour dealers—the bakers are answerable to me for the sacks—I pay the collector 21/2d. a sack for cellecting—I suppose I have 8000 or 10, 000 sacks.
MR. ADOLPHUS. Q. Do you charge the bakers with them in any amount, or do you expect them to be returned? A. We never charge for them, we expect them to be returned.
JURY. Q. Have you never made a charge, if not returned I A. Never; it is not the custom of the trade to charge so many sacks to be returned on the invoice—though I consider the baker liable, I never think of charging him.
MR. SERGEANT BOMPAS. Q. Have you not sworn that you should be paid if the sacks were not returned? A. Never; not to my knowledge—I have not certainly—I did not mention two instances before the Lord Mayor in which I had been paid—I did not state before the Lord Mayor that I held my customers responsible, and should be paid if they were not returned—I said I considered them responsible.
MR. ADOLPHUS. Q. You never did charge or receive money from any baker for the loss of sacks? A. Never—I employ a sack collector—when the sacks are delivered to him, I cannot tell what becomes of them afterwards—I know nothing of the sacks that were found on the road-side at Guildford, except what I have been told by my servants—nothing was
told me about them till some time after I had spoken to Cohen—I think he had not been before the Lord Mayor at the time—I had not been before the Lord Mayor.
MR. SERGEANT BOMPAS. Q. Your words were," Mr. Cohen said he had bought them "—were not his words," He must have bought them of Mrs. Palmer?" A. He said he must have had them from Mrs. Palmer.
COURT. Q. You before said Mr. Cohen told you he had them from Mrs. Palmer—the question now is, Did he tell you he had them from her, or he must have had them? A. I cannot tell now which—it is impossible to recollect.
MR. SERGEANT BOMPAS. Q. Do you recollect his saying, at a subsequent examination, that he was in error in saving that he must have had them from Mrs. Palmer? A. I never heard the remark.
NOT GUILTY .
NEW COURT.—Saturday, October 31st,1835.
Fifth Jury, before Mr. common Sergeant.
ELIZABETH WALKER . I live in Wood-street, Spitalfields. The prisoner came about the 24th of October, and wanted me to write a petition for her, which I did, and when she was gone, I missed a shawl and cloak—I went to the station-house, and saw her—I asked how she came to take the shawl and cloak—she said she did not know that she was a very criminated wretch; I had been a very kind friend to her, and she had done it through the means of a very wicked man, who had the duplicates—this is the cloak—we have not found the shawl.
Cross-examined by MR. DOANE. Q. Whose shawl is it? A. My sister Eleanor Walker's—the prisoner worked for me about two months—her husband is a bricklayer, and fallen off a ladder.
GUILTY. Aged 31.—Recommended to mercy by the Jury and Prosecutrix. — Confined Ten Days.
SARAH HUTCHINS . I live at Hayes, in Middlesex. On the 23rd of October, I hung three shirts out to dry, about the middle of the day—one was my husband's, Thomas Hutchins—I had taken the others into wash—I missed them.
EDWARD NASH . I saw the prisoner Prescott on that ay—he asked me the road to Harrow—I said he had come past the lane—Clarke came up directly afterwards, and I directed them—in a short time, Mrs. Hutchins came to me, and in consequence of what she said, I went after the prisoners, and Drink water had them in custody.
GEORGE DRINKWATER . In consequence of information, I got my horse and cart, and overtook the prisoners—I rode by them both—they looked very hard at me—I drove about 300 yards past them, then got out and met them—I saw Clarke throw the bundle down, and run away—I followed and collared him—Prescott did not run away—I said to Clarke," You have got three shirts belonging to Mrs. Hutchins "—he said they belonged to the man in the path, meaning Prescott—Prescott said, "You know they are not mine "—he then said, "Well, I found them in a ditch."
Cross-examined by MR. MAGUIRE. Q. If Prescott had been disposed to run away, might he not have done so? A. I do not think he could—there were several men about.
Clarke's Defence. I had been living in service at Andover—I then got a situation at a barrister's, and I was going to live with him on the 3rd of next month.
CLARKE— GUILTY . Aged 21.— Transported for Seven Years.
PRESCOTT— NOT GUILTY .
2258. HARRIET TONG was indicted for stealing, on the 10th of October, 2 sheets, value 4s.6d., 4 bed-gowns, value 2s.; 2 blankets, value 1s.; 2 shirts, value 4d.; 3 frocks, value 1s.; 2 shifts, value 1s.; 1 coverlid, value, 1s.; 1 cap, value 6d.; and six pinafores, value 1s.; the goods of Charles Davis, her master.
CAROLINE DAVIS . I am the wife of Charles Davis, of Tonbridge-street, New-road. The prisoner nursed me in mu confinement—she left on the 15th of October, without notice—I then missed these four bed-gowns, and other articles.
BENJAMIN KITCHEN . I am in the service of a pawnbroker. I produce a pinafore, a shirt, and a variety of articles, pawned by the prisoner at three different times—she had pawned things for the prosecutrix.
GUILTY. Aged 25.—Recommended to mercy. — Confined Six Months.
JOHN MANSER . I live in Edgeware-road, and am a general salesman. The prisoner was in my service—I discharged her on the 5th of September—I missed a shawl and other things, and went after her—I charged her with taking a gown; she owned that she took it—she afterwards said she knew nothing about it, but she had pawned a shawl—this is it.
Prisoner. I pawned it by the desire of my mistress.
GUILTY . Aged 20.— Confined Six Months.
HENRY FREDERICK TELLING . I keep a library in Caroline-place Edgeware-road. The prisoner was my errand-boy—I sent for an officer, and gave him into custody—we went to his lodging. in James-street, and the officer found those articles—the book was taken from my library, and the plates from a drawer.
Cross-examined by MR. MAGUIRE. Q. Is not this a book that a boy would be likely to take to read? A. I dare say he would, but he ought not without my consent—it is" The Basia of Johannes Secundus"—the plates were in a drawer—these is no waste-paper or dusters there.
Prisoner's Defence. I found the brass plates in the kitchen drawer; and the book was with some others on the kitchen shelf—I took it to read, and meant to bring it back.
NOT GUILTY .
2261. JANE THOMPSON was indicted for stealing, on the 9th of October, 22 sovereigns, 1 half-sovereign, and 2 £5 Bank-notes, the property of James Drake, from his person. The prosecutor did not appear.
NOT GUILTY .
2262. WILLIAM CONDON was indicted for stealing, on the 14th of October, 1 set of harness, value 2l. 10s.; 1 pair of reins, value 7s.; and 1 bridle, value 6s.; the goods of William Clifton, the younger.
WILLIAM CLIFTON, JUN . I live in West Smithfield, and am a poulterer. I have a stable in Three Fox-yard, Long-lane—I had a set of harness, a pair of reins, and a bridle there, which I saw safe in the morning of the 14th of October—I did not miss them until the following morning; but on the night of the 14th I saw the prisoner and another man, at a quarter past ten o'clock, with some harness, and among it I saw a pony-saddle, which I believe to be mine, from the brass work; but I had no suspicion at that time, not knowing the stable had been broken open—the other man had all the harness on his back, about three or four hundred yards from my stable—I am sure the prisoner was with him.
Cross-examined by MR. CLARKSON. Q. Are you the owner of the property? A. Yes—two other persons have been taken beside the prisoner—I am sure it was not half-past ten o'clock when I saw the prisoner and the other man—I do not think it was a quarter past—they went past my own door in Smithfield—I had never seen the prisoner before—they were merely passing.
RICHARD HAYES . I am the prosecutor's servant. I was at the stable at a quarter before seven o'clock, on the night of the 14th—I locked the stable door, and the gate of the yard—I was called by the policeman, at twenty minutes past eleven o'clock and found the lock of the gate had been picked, and the lock of the stable wrenched out of the stable—the harness was gone—I saw a garter just outside the stable door—there is no thoroughfare by the stable—there is a gate which locks the stable yard in.
Cross-examined. Q. Have you seen the harness since? A. No: Linton picked up the garter the next morning—the policeman had their lanterns
night, and saw the garter, but did not pick it up—it has the prisoner's name on it—I cannot say when he lost it.
----LINTON. I went to the prosecutor's stable, on the Thursday morning, between eight and nine o'clock, on the 15th of October—there is a king of yard before the stable—the first thing I saw, was garter with the name of William Condon on it—I took up the garter—the stable door had been broken open—there is a yard before the stable, and a gate to it—that gate had a staple driven into it when I saw it.
Cross-examined. Q. Did not the prisoner say he had such a garter, and lost it some time before? A. Yes—I first saw this garter on Thursday night, when the prisoner was brought to Rosoman-street station, by a City-policeman—Dick Whitty was taken on this charge, and a man named Moore, and another man.
THOMAS BAYLEY . On the 14th of October, about ten o'clock at night, I saw the prisoner with another man, within five yards of Mr. Clifton's stable—the other man had the harness, and the prisoner being lame, he told him to wait for him, and he waited opposite my house—they then went on to the pump, and stopped again, and then went on towards Smithfield-bars.
Cross-examined. Q. Have you made any statement on this subject before? A. Yes, at Hatton-garden—I always said it was about ten o'clock—I am sure that was the time—I knew the prisoner before.
Prisoner's Defence. I lost my garter six weeks before—I was at home at the time of the robbery.
GUILTY . Aged 26.— Transported for Seven Years.
WILLIAM WEBB . I keep the Roebuck, in Tottenham-court-road. The prisoner was my pot-boy. On the 15th of October, I asked him to produce a duplicate, if he had pawned any thing that morning—he said he had not one, and was very insolent—I took him up stairs, and put my hand into his pocket, and took out a bladder, which was wet with spirits, and a number of duplicates—I took him to a pawnbroker's, where I heard he had been seen to come out of—I then said to him," Among these duplicates there is not one of this day"—he then produced some others from his fob—I found there this pair of boots, and this coat, and trowsers which are mine—he said, "They are yours"—I have lost more than twenty pounds worth of things—the bladder was quite wet with spirits—it would contain between two and three quarts.
Prisoner's Defence. The prosecutor gave me the trowsers—the coat, and the boots, I pawned, intending to get them out with my wages.
GUILTY .— Transported for Seven Years.
THOMAS CURTIS . I am bar-man to Thomas Thornton, who keeps the Adam and Eve, Church-street, Bethnal-green. On the 23rd of October, I was behind the counter—there was a guard at the door window—in consequence of information, I jumped over the counter, went out, and saw the prisoner running across the road—I ran after him, caught him, and from under his coat I took this guard, which had been at our window.
Prisoner's Defence. I picked it up.
GUILTY . Aged 21.— Transported for Seven Years.
MARTHA GARDINER . I live in Church-street, St. Giles's and am the wife of Edward Gardiner. The prisoner had lodged in my house—I missed the sheets and blankets—I went after her, and asked her for the things—she said she knew nothing about them—she went to the fire, took off the kettle, and threw something into the fire—I told the officer who was with me, and he went to the fire, took off the kettle again, and snatfched off this hus-wife, which contained the duplicates—these are my articles.
Prisoner. No; it was pledged by an old lady, by my husband's order—I told the prosecutor I would have got them out on the Saturday night, when my husband received his money—I threw them into the fire through fright.
GUILTY. Aged 29.—Recommended to mercy. — Confined Ten Days.
ELLEN DARNEY . I am a widow, and live in Grenville-street, Somer's-town. The prisoner came to lodge with me—on the 27th of October, I missed two pieces of linen cloth—the prisoner was out at that time—I went for some milk, and milk, O returned, I found her at her box—she intended to go away that night, or the next morning, and I was going out to work at five o'clock—I sent for the officer, who found these two pieces of linen in her box.
Prisoner. They were found before the officer came—she had asked me to make a pair of sheets of them—they were a pair of window blinds which had been given her—she told me where they were, and I took them to make.
Witness. I told her I had a pair to make, but I did not tell her to take them—they were in a basket, rough dry.
EDWARD SHAYLER (police-constable S 114.) I was called, and found the prisoner in the room—the trunk was on the floor—the prosecutor had one of these pieces in her hand, and the other was taken out of the box.
ELIZABETH GARAWAY . I am out of place, and lodged at the prosecutrix's. I came in, and she asked the prisoner, whether she had the sheets—she said she had not got them; and when she opened the box, she said, "God! some one has put them into my box"—she always kept the box locked.
GUILTY. Recommended to mercy. — Confined Three Months.
EDWARD LAY . I am in the employ of Joseph Chapman; he keeps an earthenware shop in Oxford-street. I was standing at his door, on the 23rd of October, and saw the prisoner go by several times—she then took these pans, put them under her shawl, and walked off with them—I, and the other boy, followed her, and said, "Please will you give us those pans?"—she said, if we did not go on, she would break them about our heads—we followed her through several streets, and gave her in charge.
Cross-examined by MR. MAGUIRE. Q. Did you not tell the Magistrate she put them under her cloak? A. No; under her shawl—she did not speak to the other boy, or to any boy round the shop—they were out in the street, on the door of the next shop—our shop is at the corner.
Prisoner. There were three or four boys round the door—I gave one of them 9d. a piece for them.
HENRY LAY . We sell them at 1s. 3d. a piece, or 1s. 6d., if we can get it. I am sure there were no boys there but me and Moss; and if she had paid him, I must have seen it—he and I were standing there nearly all the evening.
(The prisoner received a good character.)
GUILTY . Aged 38.— Confined Three Weeks.
ANN GRACE JONES . I live in Maddington-street, Lisson-grove. In the beginning of last week, I wrote a letter to Mr. Farrar, of Great Russell-street, Covent-garden—I enclosed two half-sovereigns in a bit of brown paper, and put them into the letter with a bill of sixteen shillings, for two dresses, which I had bought of Mr. Farrar, which the two half-sovereigns were to pay—I sealed it up, and put it into my pocket on Friday night, and on Saturday morning I wrote another letter, and enclosed the former one in that, so that the money was in two enclosures—U sealed it with my initials—the prisoner came to my house on Saturday, with a friend of hers—I had made dresses for her—I said I had a letter to send; and as I was confined for time, would she post it for me down the road—she said she would—I told her there was money in it—this is the letter.
Cross-examined by MR. MAGUIRE. Q. When did you write it? A. The beginning of the week—I kept it, thinking I might be able to go, and post it—I did not give her the letter till Saturday—it had not been lying about—I put it in my pocket—I am positive the money was in it—I had not known much of the prisoner, but believed she was honest.
I went to the letter-box, and found a letter in it, with two seals—one of them had been opened, and it appeared as if something had been taken out—this is the letter; it had our post-mark on it before it went out—I have no idea that there was any money in it.
Cross-examined. Q. It was not open so much as it is now? A. No—I did not see it till Monday.
Prisoner's Defence. I did not know there was any money in it—I was drinking with her and her lodger—she asked me to take the letter—she came to me on the Thursday following, and said the latter had been received, but not the money—I said I knew nothing of it—she said would I make up not the money; and she named to the lodgers and to me, to take half a sovereign of me on Saturday morning, and the rest as soon as I could.
ANN GRACE JONES . I did agree to take it so, as I did not want my name brought into Court—if she had confessed it, I would have forgiven her—as to drink, it is a thing I never keep in my house—I swear the two half-sovereigns were in the letter which I gave her on Saturday, between two and four o'clock.
GUILTY. Aged 18.—Recommended to mercy by the prosecutrix.
Confined Two Months.
STEPHEN BAKER . I live in New-street, Old-street, St. Luke's and an a shoemaker. The prisoner was apprenticed to one of my lodgers—I keep my box of clothes in the room I work in—the prisoner slept in that room—on the 23rd of October, I went to my box; I had 3l. in it—I took out 6d., leaving 2l. 19s. 6d. there—on the morning of the 24th, I went to the box again, and missed a sovereign and two shillings—I had left the box unlocked from the night before—I charged the prisoner with it—he denied it—I searched him, and found a sixpence and 2 1/2d. on him, and some sweet stuff—he said he took that money from my box—I them searched further, and found a sovereign and a shilling between his jacket and the lining—I asked where he got that—he made no answer.
Prisoner. My master told me to take the money, because he wanted to get rid of me, as he owed some money, and the person used to come for it, and I knew of it—he had 5l. with me from the parish—my master told me not to tell.
GUILTY . Aged 14.— Confined One Month and Whipped.
2270. FREDERICK GLOSSOP was indicted for stealing, on the 11th of September, 1 pair of breeching-straps, value 5s.; 1 whip, value 2s.; 1 padlock value 1s.; and 1 pair of calms, 3s.; the goods of Thomas Lindsay, his master.
THOMAS LINDSAY . I keep a saddler's-shop, in Pierpoint-row, I slington. The prisoner worked for me—I found two breeching-straps on the hours, at Mr. Stock's in Arlington street, when Mr. Stock stopped me to look at a new horse he had got; and I found two clams at Mr. Jennings
where the prisoner was at work—this whip and padlock are mine—I had not sold these things.
Cross-examined by MR. MAGUERE. Q. Did you miss them? A. Only the breeching-straps—the clams are made for a particular purpose—I cannot be mistaken in them—I am convinced they are mine—these straps have a deficiency in the lining of one of the points—I can swear to the work—it was never sold—the prisoner left me on the 19th of September.
Cross-examined. Q. How can you swear it is the same? A. It remained in my possession till he was taken, and then I took it to the prosecutor.
Prisoner's Defence. The breeching straps I made with my own hands, at home; my wages were so low—that lady knows I worked at my own lodging every night, and did jobs for any one—I took the clams out, and told the apprentice and a body who worked there, to tell my master that I had taken them, and he might have them again.
GUILTY . Aged 26.— Confined Two Months.
GUILTY . Aged 17.— Confined Twelve Months.
NOT GUILTY .
The prosecutor did not appear.
NOT GUILTY .
2274. RICHARD COXEN, WILLIAM HATCH , and JOHN NEWMAN , were indicted for stealing on the 15th of October, 1 bag value 2d.; 9 sovereigns, 1 half-sovereign, 20 shillings, 1£5 Bank-note, and 1£5 promissory note; the goods, monies and property of George Littlewood, from his person.
GEORGE LITTLEWOOD . I live at Feltham, On the 15th of October, I left home to go to Kingston, about nine o'clock in the morning—I had these notes and cash in a bag, in my pocket, and got into a cart, which the prisoner Newman was driving—we got to Coxen's beer shop—I saw Hatch there, and Mr. Coxen, and Newman—I sat down to drink till about three o'clock in the afternoon, with the prisoners—I paid 6d., for drink, out of my bag, and put the bag into my left-hand breeches pocket again—I was sitting on the settle—I stopped there till about three o'clock, as Coxen owed me a sovereign—there were several sitting on the same settle, and it was thrown over for the purpose, as I suppose, of taking my money—Newman was on the settle—Coxen and Hatch stood behind—I got up again—I kept my hand in my pocket all the time, and my money
was safe—directly I could recover myself, I went out to the privacy—I had had a little beer, but I knew what I was doing—when I bad been out fire or ten minutes, Newman and Hatche followed me—Hatch came close to me, hustled me, and took the money out of my pocket—I asked him what he had got out—Newman directly said to me, "Have you got the blunt all right, old boy?" I said, "No, you have got it"—Hatch was there—as soon as Newman spoke, Hatch went in at the back door, to Mr. Coken's—Newman and I went in at the front—I told them in the room that they had taken my money—it was pretty full—I said Newman and Hatch had they were all searched in the room, and no money found—they could not have got away, for Coxen stood at one door, and Thomas Benn at another—this was a little after three o'clock—I have known Newman ten or twelve years, and Hatch, I believe, worked for Mr. Coxen.
Cross-examined by MR. BODKIN. Q. You were tipsy? A. No; not at all—I keep a beer-shop myself in Feltham—Hatch came up, and hustled me, and Newman asked if I bad got it all right—that was five or ten minutes before I went in—I will swear I was not out an hour or three-quarters, nor more than ten minutes—when I went in, I said at once, Newman and Hatch had robbed me, before the constable came—there was a man named Appleby there—I never applied to him to come here as a witness—I never said to him, "Jem, you must go with me to-morrow, and bay you saw Newman and Hatch follow me to the privy," nor did I tell him I would pay him for his day's work—I never said any thing about it—I had Coxen takes two or three days afterwards—the Magistrate knew me as keeping a beer-shop—I told the story as I have now against Hatch and Newman—the Magistrate dismissed it—I, after that, spoke about Coxen—we had no evidence against him at first—Benn had nothing to do with it—he did not speak to me—I did not swagger about, and say I was an independente gentleman, as great as any of the Nobs, nor tell the constable that I thought I must have lost my money in the privy, and ask him to go and look—I did not desire him to take charge of a man named Elwood, and say he had robbed me.
RICHARD WILLIAM COOKE . I am constable of Kingston. I went to Coxen's on the 10th of October—I saw his wife only—I went again on the 17th, and saw Coxen in the evening at his house, after I hed been to Colnbrook fair to look for him, but could not find him—his wife said he was there—I told him I called to make inquiries about littlewood's losing the sovereigns—I said I supposed the gilt was disposed of, but if he could returned the notes, they would be of great service to him, and he could ill afford to lose it—Coxen then said, "Them that took it has not got it"—I said, very likely not, but if the soft, (meaning the notes,) could be returned, it might be done in any way, and he not know where it came from—Coxen said, "they are gone to the ashes"—I think he added, "No doubt; don't you think they are?"
Cross-examined. Q. This was a subject of conversation between you? A. Yes; I expressed my opinion that the gilt was melted, and he said those that took it probably had not got it—but he spoke so emphatically about the notes, that my impression was that he knew something about it.
gone to Kingston, but had stopped at Cranford—I called there, and heard he had lost his money, I then went to Coxen's with him—all that I heard Coxen say, was, that those who had taken it had not got it, or something of that kind—to the hest of my judgement, he meant, that he knew they had not got it.
Cross-examined. Q. You did not hear the question the officer asked him? A. No—Littlewood's father paid me the money.
WILLAM HALL . I am a constable of Hounslow. I took Newman into custody on friday—we then went to take Hatch and Coxen—we heard they had come to smithfield—we went there—coxen came into the Greyhound, and I said, we must take him on suspiction of Littlewood's money—he said, he d----d if he would go, and he ran out—we were very much abused by his brother, who was in the Greyhound—he said he should not go.
----RALPH. I went into the house, and asked for a pot of beer, and the prosecutor gave me his pot—he pulled his purse out—I staid till after four o'clock—I saw Hutch and Newman go out, one after the other—they were not out more than five or ten minutes—Littlewood came in first—he said he had lost his money—he charged these men with it—about a quarter of an hour after the search, he said, "I will give you charge of Hatch and Newman"—he did not say why, as I heard of.
MR. ROBERTS. I am constable of Amwell. I was fetched to the beer-shop by Coxen's boy—I went immediately—there were from sixteen to twenty persons in the room—I was given to understand that Littlewood had lost some money—Coxen was at one door, and has placed another at the other door, to keep them all in—I searched every one there, and found nothing on them—down to that time he had not made the least suggestion of any one taking his money—he said he thought he had lost it in the privy—he was not sober.
COURT. Q. Did you search Coxen? A. Yes.
MR. BODKIN. Q. In consequence of his saying that he had lost it in the privy, did you go there to search for it? A. Yes; I examined the privy and garden, but could find nothing—I came into the room again—I told the prosecutor I could not find the money—he then said, "I shall give those persons in charge," (pointing to Hatch and Newman;) "I suspect these men have got the money"—he said, they came up to the privy door while he was there, and turned back again, and that was the reason he gave them in charge on suspiction: and after that, he pointed to a man named Elwood, and said, "That man has got my money"—I then searched Elwood again—he was the first man I searched in the room.
----TOPLIS. I am a tailor, and live at Feltham. I went to the beer-shop about one o'clock—I saw the prosecutor—he was sitting as if stupified with drink, or else asleep—a man of the name of Robert Taylor went and shook him, and asked him to lend him sixpence—the prosecutor said, "I will fight you for a guinea"—he then went to the privy—he was gone about an hour—when he came in again, I was there, and he said he had lost his money, and he would have all the room searched—he named no one as having taken it—Newman and Hatch were there—a man named Benn said he would stand at one door, and Coxen
at the other—Coxen sent his boy for the constable—I never saw Coxen go out of the roomhe kept the door till every body had been searched—the prosecutor pointed to Hatch and Newman, and gave them in charge, about ten minutes, or a quarter of an hour after the search.
COURT. Q. Did you see these two men go out into the garden, and follow the prosecutor? A. I did not notice them—several went out, and came in again.
JAMES APPLEBY . I am a labourer, living at Feltham. The prosecutor came to me, and said, "You must go along with me to the Magistrate, and say you saw Newman and Hatch follow me down to the privy"—I was drunk, and so was he—the next morning he came to me, and said, "You must come with me to Sunday"—I said it was of no use, as I was asleep—he still pressed me to go, and said he would pay me for my day's work
COURT. Q. Why did you not say directly that it was taken by those men? A. I thought Hatch had put it in his master's hand and it was no use taking him.
NOT GUILTY .
COXEN— GUILTY . Aged 27.— Confined One Month, and Fined Twenty Pounds.
HATCH— GUILTY . Aged 20.— Confined One Month.
ESSEX LARCENIES, &c.
Third Jury, before Mr. Justice Gaselee.
2276. JOHN RAWLINS and GEORGE CLARK were indicted for burglariously breaking and entering the dwelling-house of John Bird, about three in the night of the 6th of October, at Low Layton, Essex, with intent to steal; and feloniously and burglariously stealing therein, 1 squre, value 2s.; 1 plane, value 2s.; 1 bed, value 1l.; 1 bolster, value 5s.; 1 quit, value 3s.; 2 blankets, value 4s.; 6 printed boots value 1s.; his goods.
JOHN BIRD . I am a carpenter, and live at Temple Mills, Low Laytos, in Essex. The house belongs to the East London Water Works Company—I am put in there by Mr. Woodcock, the builder, who does the work for the Company—I am put there to take care of the house, and the mills adjoining it—I have not received any thing for being there, and have no agrement to receive any thing—I have been there since last Midsummer twelve months, about three days after the Company took possession—I furnish the house myself—I never had any agrement to receive any thing—I work as journeyman for Mr. Woodcock, at Stratfoird, and I receive no more nor less than before I went there, and cannot expect any thing—there is no use made of the house, except what use I make of it—there is no work doing there now—Woodcock is now at work at Stratford Water Works for the same Company—on Tuesday night, the 6th of October, I went to
bed about ten o'clock—I am a widower, and have no family—I left the mill at about half-past nine o'clock, or a quarter to ten, and saw that all was right—I then went to Mr. Richer. at the White Hart, to sleep, as I was very ill, and did not sleep at home thar night—I had slept there until Friday, the 2nd—I fastened all my house up secure, before I left—it is the house which joins the mill, and the house I dwell in—I locked the front door, and put the key in my pocket, and in the morning, Mr. Simmons alarned me, at about five minutes past five o'clock, and said my house was broken open—I got up directly, dressed myself, and gave the alarm to Mr. Richer, and went to the house immediately—the first thing I kicked against, as I went through the side gate, was a trying plane—I found the front ground floor window was open, which had been fastened the night before—it had been broken open with a chisel, which we have in our possession—I found my plane and square on the ground, under the window—they had been in the house on the dresser—I then opened the door, and made my way in—I found the door locked—the first thing I saw was a copper in a closet, with the lead all round it torn up—I went up stairs, and found all the things gone off my bedstead; my bed, bolsters, and blankets, and a quit—I looked do the left, and saw a mahogany desk open, and some Bibles and Prayer-books gone out of it—the key had been in that desk the night before—I had seen all the books there the night before, and the bed and things safe—I came down stairs and came out of the house, and under the window I found a bag with the books in it, and a pair of trowsers—Richer was with me all this time—after picking up the things, Richer heard a whistle—I stopped, and saw something white, which proved to be my bed lying on the grass, and other things with it—I saw the two prisoners standing by the bed—I made up to them, and they made over a bridge, towards layton—there are some elder-trees where I stood to look—there was sufficient day-light to perceive the prisoners—when I first went to the house, it was getting light—it was light enough to diseern their features, and I had seen them before, frequently—my bed was three or four yards from where they were standing—the bolster, blankets, and bed were all tied up together, in a bundle—I got Richer to assist me—I took my bed things and put them into the ground-floor room, locked the door, and followed the prisoners immediately, as hard as I could run—I met Mead with Mr. Englush's milk cart; and in consequence of what passed between us, I proceeded on, and met the two prisoners coming back, walking very fast towards the mill. As soon as I met them, I said, "You are my two prisoners, you have broken my house open"—I took bold of them—they denied it, and declared that they had just come from Layton-terrace—there is no such place—I took Rawline—he held his hands out, and said, "I get my living by hard work"—I delivered them to two officers, and when we returned, the policeman in searching, found a stock, and centre bit by the elder-trees, in a line with where the bed laid—the stock and bit were on the dresser the night before, where my other tools laid—belong to Mr. Richer, who had lent them to me—the copper had been confined in a cloact, with a door in front—that door was open, and the lead torn up all round the copper—the value of the articles I lost, altogether, was more than 5l.—it was a good feather bed—I value that at 1l.
Prisoner Rawlins. Q. How far were you from us when you saw us by the bed? A. About twenty yards—I have measured it since—you were three or four yards from the bed—there was sufficient light to discern you standing by the property—I had come out of the house, and stood by the
elder-trees—you walked off as fast as you could when you saw me—I had a candle and lantern to go into the house with—it was sufficiently light to discern you—it was then about twenty mumutes after five o'clock—I did not say at Worship-street, that it was so dark I could hardly see may hand before me—I said it was a little foggy—I should not have seen the plane if I had not kicked against it, as I was not looking on the ground.
DANIEL RICHER . I live at the White Hart, Temple-mill. On Wednesday morning I went with Bird to his house—it was from ten minutes to a quarter past five o'clock when I got there—it was twilight, sufficient to see—I saw the window broken open, and the shutters open, as the witness has described—his statement is correct—I went inside the house, and he missed his things—when we came out of the house, he picked up a bag containing the books—I did not see the plane, and square—when I came out, I picked up the bag and trowsers—I just took them in-doors, and as I came down the steps again, I heard a whistle, I made towards it, and as I drew close, I saw two men standing opposite the bed, close to it—it was quite light enough to distinguish them—I am perfectly certain the prisoners are the two men—we took the bed in-doors—I left Mr. Bird against the door—the prisoners walked over the bridge towards Layton—I went after them, and met the cart belonging to Mr. English—I inquired of the man; and in consequence of what he told me, I processed on, and met the two proisoners—I laid hold of Rawlins, and said, "You are my prisoner"—he said, "Me, your prisoner! I have just come from Layton"—I said, "Never mind, I shall take you as my prisoner, "and I did so—after delivering them to the policeman, a stock and bit were found, which I had lent to Bird a day or two before—I was three or four yars from the prisoners when I first saw them—I saw them again, coming back, in about five minutes, after, walking after them—I am quite sure they are the two men I saw by the bed—they said they had passed English's cart agianst Layton church—they appeared coming away from Layton church.
Prisoner Clark. Q. How far was I off you, when you saw me by the bed? A. Three or four Yards—I was a long way before Bird—one of you whistled, and I made towards you.
SAMUEL MEAD . I am servant to Mr. English. On the Wednesday morning in question, I had been milking in Mr. Tyler's field at Layton, and met the prisoners as I was coming back with a horse an cart, at about twenty-five minutes after five o'clock—they met me—they were going towards Layton church then—I passed them, and turned round my head, and they turned round, and followed the cart—I met Mr. Richer—the prisoners were then colse begind the cart—Bird was close behind them—I saw them secure the prisoners—I heard Richer ask them where they passed the cart—Rawlins said they passed it at Layton church—that was not true—I had not been within half a mile of Layton church.
Rawlins. Q. Did you see us go by your cart? A. Yes; you went by it sex or seven yards, and then turned, and followed it.
JAMES FLEMINO (police-constable N 246.) On Wednesday morning, I was in company with Carey, my brother-officer, and saw the prosecutors at about a quarter to six o'clock, on Hackney marshes, with the prisoners in custody—they delivered them to me—I took them to Hckney station-house—I searched Rawlins, and found one penny, and a knife on him.
Rawlins' Defence. I work for Mr. Wilson, of Bethnal-green-road, a horse-dealer—I got up at five o'clock in the morning, to go to work, which I do every Wednesday and Friday, being market-days—I came straight across the field opposite Low Layton church—I lodge at Low Layton—my master has a field there, which he turns horses out into—I was coming along, about five minutes before five o'clock—I met English's cart, and followed that along; and directly we got to the end of the field, two men came past us, and when they had passed us about a hundred yards, the two prosecutors came up to us, they went by us tow or three yards, then turned back, and laid hold of us, they said they thought we had been breaking into the house—I told them I worked hard foir a living, and was innocent they said, if so, we would go along with them to a milkman, who could swear to the persons who did do it—we went with them, and they did not meet the milkman—they gave us in charge, and the prospecutors fetched a milkman who said he could swear to the persons who broke into the house; but he said it was so dark he could bot swear to us.
Clark's Defence. When they took us into custody, they said, if we knew we were innocent, we should have no objection to go with them, as a milkman could swear to the persons—we did not meet the man, and they gave us to the policemen—at Worship-street, one said it was so dark he could not see his hand before him, and yet he could swear to us thirty yards off—the other said he was only six yards from us, and the other said they were both together.
RAWLINS— GUILTY . Aged 21.
CLARK— GUILTY . Aged 20.
Of stealing only.
Transported for Seven Years.
Fifty Jury, before Mr. Common Sergeant.
2277. THOMAS WILLIAMS was indicted for stealing, on the 19th of October, 1 pair of trowsers, value 20s.; 1 waistcoat, value 10s.; 2 handkerchiefs, value 2s.; and 1 pair of braces, value 2d.; the goods of Jeremiah Keeble.
JEREMIAH KEEBLE. I am mate of a coasting vessel beloging to Ipswich—she was lying at Barking Reach. The prisoner is quite a stranger to me—on the morning of the 19th of October, the watchman called me, and I found the prisoner by the side of my bed in the cabin, lying on the floor—I turned him out of the cabin—I missed the property stated—I got an offocer, and came to London, and found the prisoner on Tower-hill—he had my handkerchief and braces, on him.
Prisoner's Defence. I do not know whether they took the things from me—I was too far in liquor—I served my time in Barking, and was there all day on Sunday, speaking to the overseer, but they would not relieve me.
GUILTY . Aged 32.— Confined Two Months.
KENT LARCENIES, &c.
Second Jury, before Mr. Recorder.
2278. WILLIAM KENT and HENRY JARVIS were indicted for stealing, on the 26th of September, at Lewisham, Kent, 505lbs. of lead, value 4l. belonging to William Keats, and fixed to a certain building there; and 1 looking-glass and frame, value 7 s., the goods of the said William Keats; and that the said William Kent had been before convicted of felony.
HENRY PILES (police-constable P 76.) On the 26th of Septmber, just after ten o'colck in the morning, I met the prisoners at Peckham Rye, about a mile and a balf from town, in Surrey, in the parish of Camberwell—they had a truck—Kent was pushing behind, and Jarvis drawing—it contained lead, and a looking—glass, framed—I turned back and follwed them—they left the truck and ran away—I follwed, and secured them both—a gentleman's gardener assisted me in taking them to the station-house—I have the lead here—I asked Keat where he was going, and he said he was going to meet a man in Rosemary-branch-lane, with the lead—I asked him where he got it, and he did not choose to tell me—I were to a small house belonging to Mr. Keats, of Forest—hill—I found some lead on the building, which matched with the lead on the truck—it was cut zigzag, and fitted in exactly—the looking-glass was claimed by William Keats—I have brought some of the lead from the premises.
Cross-examined by MR. DOANE. Q. It was cut irregularly? A. Yes—a person was with me when I compared it—he is not here—my inspector was there, and a brother coustable—I put the edge of the lead to what remained, and have brought it here—it matches—Jarvis was in front of the truck, and Kent behind—Jarvis did not start off first—they were both running abreast—I could not see that Javis was befour Kent—Kent did not say he was running after Jarvis, for the money he had promised him, for helping him with the truek.
WILLIAM KEATS . This lead was missed on the day the prisoners were apprehended—the quantity found agrees with the quantity missing—the looking—glass is mine, and was in the cottage which had been occupied by a servant of mine, who died, and the house has lately been empty—the door was left open, as the lock was broken—the lead exactly matches—it was cut zigzag.
Cross-examined. Q. Did you see the lead brought away from the premises? A. Yes, and have matched it myself.
RICHARD WALTERS . I am a police-inspector. I produce a certifieate of Kent's former conviction, which I got from the Clerk of the Peace's office—I was present when Kent was tried and convicted at Newington—(read.)
Kent's Defence. On the 26th of September, I was going to Peckham, as I do every Saturday—I want into the King's Arms to get a pint of brer, and as I came out, smoking my pipe, I met the prisoner and another man—the other man called to me, and asked if I wanted a job—I said, "Yes," as I was them going to earn what could—he asked me if I would assist the oter prisoner to draw the trnck into Peckham, and he would give me 1s. 6d.—I agreed to it, and put the looking-glass in a bag of my own, because it should not break—we proceeded on with the truck, and
met the policeman on road, about forty yards from the public—house—he took no notice of us then, or I couid have produced the man who hired me—I proceeded on into Peckham, and, forty or fifty yards further, looked belind, and saw the policemen, coming behind; but we went on, and came into Hanover-street—Jarvis there put the truck down, and ran away, and I ran too—I saw the policeman in about five minntes coming after us, and he took hold of me by the throat—I sid, "Don't do that, I will go with you; I am innocent, and don't know what is in the trcuk; I was hired at the King's Arms to do the job for 1s. 6d."—it is true I have been transported, which has injured my constitution, and I have been afficted ever since I came home—I have got a liver complaint, and am very bad in my head—the inspector has known me twelve months, and never knew me to do wrong—other policemen of the division know me.
RICHARD WALTERS re-examined. Since his return from transportation I have seen him about with all the thieves in Camberwell, not neeking employ—I have never seen him do any thing wrong—I have looked after him with a very suspicious eye—he lived in Bowyer-lane.
HENRY PILES re-examined. I saw no third man about—I found 2s. 1 1/4d. on Kent, and on Jarvia 10d.—I found a Jarvis, and some parchment on Kent, conveying some copyhold property, and a steel tobacco—box.
Cross-examined. Q. Are you sure it was not 10d. on Kent, and 2s. on Jarvis? A. It was 2s. 1 1/4d. I found on Kent—I am not mistaken in that.
Jarvis' Defence. I was going to Forest—hill—I met an old man with a truck—he said, "Are you amind to earn two shilling?"—I said, "Yes"—he said, "Will you draw this traw this truck to Peckham?"—he gave me 1s. beforehand, and said, "Now, draw it down the hill"—when I got to the bottom, it was heavy, and I could not draw it—he pushed it till we got to the public—house, and then this young man was coming out—I asked him to help me with the truck; and let them pass you"—he told the other prisoner, ho would give him 1s. 6d.—we met the policeman, who took no notice of it at first; but aferwards I looked behind, and said, "Here is policeman following us"—we drew the truck a mile after that, and saw the man who employed us turn down the turning; and when we got to the end of the turning, there was no thoroughfare—I put down the truck, and went away—if it was stolen, Kent Kenw nothing of if.
Kent. When run away I run after him, as I had not been paid my 1s. 6d.—any other working man might be taken in the same way as me.
RICHARD WALTERS . I met the prisoners in company together the day before, coming in a direction from the prosecutor's—they live together in the same house—I cannot say how long, but they both lived together in Bowyer-lane at one time, but Jarvis never had a regular place of residence.
KENT— GUILTY . Aged 28.
JARVIS— GUILTY . Aged 18.
Transported for Seven Years.
Second Jury, before Mr. Recorder.
2279. JOHN FREEMAN and JAMES CULLYFORD were indicted for stealing, on the 19th of October, 1 handkerchief, value sixpence, the property of---- Johnson, from his person.—2nd COUNT, stating it to be the property of a man unknown.
RICHARD TOZER (police-constable R 149.) On the 19th of October, in the evening, I saw the prisoners at Charlton fair, in Kent—I watched them for some time, and saw them attempt to pick several pockets—I at last saw them go behind a gentleman who stood in front of a stall, and saw Freeman put his hand into the gentleman's pocket, take a handkerchief out, and directly pass it to Cullyford, who was in company with him—I immediately took hold of Freeman; and Wild, another constable, took Cullyford—I told the gentleman what had happened—he went with us to the station-house, and gave the name of Johnson, living in Chapel-place, Woolwich—we could find no such person or place at Woolwich—there is Chapel-row, but we could not find him there—I am certain it was out of his pocket the handkerchief was taken.
Cullyford. Q. Did I take the handkerchief from Freeman? A. Yes; Freeman took it out of the gentleman's right-hand coat pocket, and passed it to you—you was near enough to see him take it—you was standing close to him, behind the gentleman.
JAMES WILD (police-constable R 141.) On Monday, the 19th of October, I assisted Tozer in taking the prisoners—I saw Cullyford receive a handkerchief from Freeman, and as I laid hold of him, he threw it under the stall—I had seen Freeman pass it to Cullyford—I spoke to the gentleman, who went to the cage with us—I have not been able to find him—I produce the handkerchief—it is a cotton one.
Freeman's Defence. There was a gambling-table—I had 1s. 1d., and I put it on the table—there was a row, and I moved up higher, and all at once there was a great push in the mob, and the policeman collared me.
Cullyford's Defence. I was at the fair—the policeman collared me, and asked the gentleman if he had lost his handkerchief—the gentleman said "No"—the policeman said it was a red one—the gentleman then said he had lost one.
FREEMAN— GUILTY . Aged 20.
CULLYFORD— GUILTY . Aged 19.
Transported for Seven Year.
Fifth Jury, before Mr. Common Sergeant.
WILLIAM MATTHEWS . I live in Hog-lane, Greenwich, On the Saturday night, October the 17th, I was going to buy a jacket—I saw the prisoner, and told him—he said "I have got one I will sell you"—I looked at it, and said I would buy it—I gave him sixpence for it, and spent a shilling in pies and puddings.
the jacket he took from the vessel in Deptford Creek—he said he had sold it to Matthews for sixpence, and he had spent some money.
GUILTY . Aged 13.— Transported for Seven Years.
2281. MARGARET BURNS was indicted for stealing, on the 19th of September, 2 gowns, value 3s. 6d.; 5 caps, value 2s. 6d.; 3 shirts, value 6d.; 2 sprons, value 1s. 6d.; 1 tippet, value 2s.; 1 bonnet, value 7s.; 1 collar, value 3d.; 1 pair of drawers, value 6d.; 1 basket, value 4d.; and 1 shift, value 1s. 6d.; the goods of Deborah Vincent: and 2 aprons, value 6d.; 1 pair of stays, value 9d.; 1 handkerchief, value 6d.; and 1 shift, value 1s. 6d.; the goods of John Morton.
DEBORAH VINCENT . I am single, and live in the Old Market Place, at Greenwich. On Monday, the 6th of July, I met the prisoner, whom I had known before—I took her home, and she lodged with me for a week—I took her in on account of her distress—she got very bad indeed, and I said I could not keep her any longer—she left me, and I missed these things on the 19th of September—I found my bonnet, tippet, and gown on her, on the 2nd of October.
JAMES PARRY (police-serjeant R 8.) I took the prisoner on a charge of drunkenness, and detained her on suspicion of this robbery—I brought the prosecutrix to her, who owned the property—the prisoner denied knowing her, and gave her name as Lander.
GUILTY . Aged 20.— Confined Three Months.
THOMAS CONGREVE ROBE . I am a lieutenant in the Royal Artillery, and live in Wood-street, Woolwich. On the 1st if October the prisoner came and brought me this note—(read) "Sir, I am sorry to trouble you, but I would be very much obliged to you if you could lend me a sovereign, as the man is coming for the rent this evening. I can't borrow it any where. I will pay you on pension-day,—Your affectionate friend, James Scott."—I asked the prisoner if he came from James Scott—he said he did, and upon the faith of that, I gave him a sovereign wrapped in paper.
GUILTY . Aged 15.— Confined Three Months.
SURREY LARCENIES, &c.
Second Jury, before Mr. Recorder.
2283. GEORGE EASTON was indicted for stealing, on the 26th of September, at St. Saviour's, Southwark, 301bs. of lead, value 4s., the goods of John Howe, his master; and JOHN ANDERSON was indicted for felaniously receiving the same, well knowing the same to have been stolen against the Statute, &c.
JOHN HOWE . I am a builder and plumber. The prisoner Easton, was in my employ as a journeyman, for two years, and worked for me once before—I did not know of this loss—I found some lead at the station-house—one of the picecs I can identify as mine, from its peculiar shape and the manner of its being cut—Easton had no right to sell lead—it was
new lead—a piece had been cut out of it for a particular purpose—on the evening before his apprehension, he was directed to cut out some pieces of lead which were going into the country, and I believe this to be the remnant of a sheet which he had cut.
Cross-examined by MR. DOANE. Q. Did you cut the lead out yourself? A. No. I did not—I employ him as a plumber—I manufacture a particular article, for hatters—I was not apprentieed to a plumber, but I can swear to the lead—one piece had been lying about a king while, before—I had jobs in hand at the time, on which I employed Eastton—I set him to do some lead-work at Newton's tavern, and to put a new pipe to it.
Q. If he discovered more work was necessarry, did he do right to take lead to use on that work? A. Certainly not without consulting as—when I gave him discretion, he finished jobs as he thought tit—I once employed him to do work at Mr. Irving's a batters—he has been employed there so often, I cannot tell whether he found it necessary to use used more lead there than I thought necessary—he might use more than I first told him probably—he was liming an old wooden sink at the Three Tons, in the Borough, the day before he was apprehended—I have not been there to ascertain whether more lead was necessary there, than I told him to take—I am certain more was not necessary—I did not find the job complete—I told him to take a piece of lead, and showed him the place it was to be put into—he cut that out on Friday afternoon, and took it to his job, where he was apprehended, but he had not used it—the lead for that job, was there—there was lead enough to finish that job, on the premises—there was a piece about six feet long, and seven inches wide, cut out of a sheet of lead at my shop—I heard jim tell the Magistrate that he took this lead to finish that job, and left it on the way, to go back to some nails.
JOHN WOODHOUSE (police-constable M 13.) On Satuday, the 26th of September, I was on duty in Southwark-bridge-road, and saw the prisoner Easton carrying a roll of lead on his shoulder—he passed me, coming in a direction from his master's house; after passing me some distance, he turned into Red-Cross-Street, and there I lost sight of him—it was at seven o'clock in morining—I did not see him any more till I came to the prisoner Anderson's shop, which is a marine-store-shop, in Red-cross-street—I there saw Anderson handing the roll of lead out of a scale, to a boy who was carrying it into his back permises—it appeared the same roll that Easton had been carrying—the boy carried it into a back shed at Anderson's—I could not tell whether he spoke to the boy, for Easton was turning road to come out of the shop—I did not see any lead in Anderson's front shop—I asked Easton, Just against the door, what he had done with the lead—he said it was all right, he had only left it there—he had come out without any nails, and was going back to fetch them—I asked who he worked for—he said, for Mr. Howe, of Southwark-bridge-road—Anderson was on the other side of the counter—I said, "Anderson, bring that lead forward"—he said, "I know nothing about it, it was only left here"—I took themn both to the station-house—I asked Anderson how it came in the seale—he said that Easton put it in by accident, when he brought it into the shop—I did not then notice whether there were any weights in the scale—I took them both to the station-house, and returned—the lead was weighed at the station-house,
and weighed thirty pounds—I returned to Anderson's shop, and found two weights in the scale—I spoke to the boy, and looked at the weights—one was twenty-eight pounds, and the other, two pounds.
Cross-examined by MR. DOANE. Q. This was the usual time of going to wrok? A. It was about seven o'clock—there was nothing to conceal the lead—I found he worked where he said.
Cross-examined by MR. CLARKSON. Q. I suppose you searched Easton at the station-house? A. Yes; and fonned 5s. 11 1/2d. On him—I found nothing particular on Anderson—I knew him before—he brought the lead forward when I desired him—the station-house is about 200 yards from where I took them—I returned to the house in about a quarter of an hour—I took Anderson in his own house—I found no nails on Easton.
COURT. Q. How far was Eastton from his mastter's shop? A. Not above thiry yards.
MR. CLARKSON. Q. Did you say you saw the lead in the scale? A. Yes; I saw Anderson taking it from the scale—Easton must have been in the shop about a minute and a half before I saw him there—I saw no money pass.
MR. DOANE. Q. You swear you saw him lifting it out of the scale? A. Yes; it was in the scale—Anderson was hoisting it out of the scale—I saw him in the act of handing it out of the scale—he had not got the weight of it in his hand—he had just got hold of it to lift it out, just as I was looking into the window—the scale was quite clear of the counter, in the centre of the shop—Anderson admitted before the Magistrate that it had been in the scale—the small piece of head was rolled up inside the large piece.
JURY. Q. Did the prisoners seem to be acquainted? A. I did not hear any converstion between them.
JOHN HOWE re-examined. The lead cost me about 4s. 6d.—the selling price is about 15s. or 16s. per cwt.—I mean, to be sold as old lead—this is new lead—it cost me from 19s. to 19s. 6d. per cwt.—I do not charge 4d. a pound—a small quantity would be charged higher than a large one—if it was cut out of a sheet, I must charge more than for the whole sheet, as it would be spoiled in cutting out—the thirty pounds did not cost me as much as 5s. 11 1/2d.—I should charge 24s. or 25s. per cwt.
Easton's Defence. On the 25th of September, I was employed by Mr. Howe to do a job at the Three Tuns—he told me to put some lead round the back as flushing, and new pipe—I measured the piece for the back, which was seven feet four inches, which I cut off a whole sheet—I took some pipe to the job—on Friday afternoon in cutting the old pipe, I saw the bottom of the sink would not stand, and I thought I would take this piece of seven pound lead, as it laid there, thinking to cut a piece out, to put in the bottom of the sink—the other piece I took to cover some wood-work, which I thought would complete the job, although Mr. Howe did not tell me to do so.
JOHN WOODHOUSE re-examined. He was not going in a direction to the Three Tuns—he had passed the place he ought to have turned down to go there—he was not above four or five uards out of the direct road.
(William Baker, cabinet-maker, Redcross-street, Borough, gave Easton a good character.)
EASTON— GUILTY . Aged 28.
ANDERSON— GUILTY . Aged 40.
Transported for Seveen Years.
Fourth Jury, before Mr. Recorder.
2284. JOHN WELLING was indicted for stealing, on the 15th of September, at St. Giles's, Camberwell, 1 watch, value 10l.; 1 watch-chain, value 4l.; 2 seals, value 2l.; 1 watch-key, value 5s. 1 brooch, value 1l. 15s.; and 2 rings, value 2l.; the goods of William Seth Gill, in his dwelling-house.
WILLIAM SETH GILL . I live at Peckham Rye, in the parish of St. Giles, Camberwell. On the 15th of September, I was sitting in my drawing-room in the afternoon, and in consequence of what was said to me, I went into the surgery, and then into the adjoining room, and missed my watch, chain, ring, and brooch, worth at least 20l.—the watch was well worth 10l.—I had been in the room ten minutes before, and the articles were safe—I went to the police, and told them, and went with an officer to Bath-street, Melsom-ground, about a quarter of a mile from my house—I found the prisoner, two other men, and two women there in the room, and some baskets—I put my hand on the prisoner's shoulder from the description I had received, and gave him into custody, but he ran away—I saw him in custody in about a month afterwards—I have found none of mu property.
Cross-examined by MR. CLARKSON. Q. Do you occupy the whole house? A. Yes—I know nothing of the prisoner, except from information from other people.
SARAH MESS . I live exactly opposite the prosecutor's house. I was at tea on the afternoon in question, and saw the prisoner—I had seen him frequently before that—on the 15th of September, about a quarter to five o'clock, I saw him knock at the prosecutor's door, and wait four or five minutes, then open the door himself, and go in—he opened it with the handle or latch; nobody let him in—it was the surgery door—the street door is always open—the surgery door is on the left of the street door—I watched, and saw the door open leading from the surgery into another room, but could not see that he opened that himself—he came out in seven or eight minutes; and when he got outside the gate, he put his hand to his trowsers pocket, and pulled it up again, as if he was looking at something in his hand—he put it in again, and walked a short distance, and called at a shop to know if they wanted any baskets, which he had, selling—he then walked briskly away, and then ran—I sent a message over to Mr. Gill by my sister—I must have seen if any other person went into the surgery while he was there—I could see into it from my window—the door between the surgery and the other room was closed before he went in; and I saw it open while he was in.
Cross-examined by MR. CLARKSON. Q. Have you ever given a description of the person who did it? A. I gave a description of his dress—I said he had a dark dirty fustian dress on—I gave no other description—I mentioned the baskets—I saw one large basket behind him—I have only described his height; nothing else—I did not describe him as having large bushy curly hair—I believe I described him to the police-sergeant.
MR. GILL re-examined. She described the person to me—she did not state any thing about bushy curly hair—the policeman told me he had a duty to perform, and has left the court—I do not know tthat she gave a description to that policeman—she gave me the same description she has mentioned now—she said it was a man she had seen carrying baskets about.
observed his features when he was going to a grocer's and cheesemonger's nearly opposite, and that was the shop he called at after leaving the prosecutor's—I have seen him calling at every house as he went along.
Prisoner's Defence. I am totally innocent—the policeman came to my house and searched, but could find nothing.
MR. GILL. I came to town immediately after the robbery, and returned by the Surrey Canal—I should think full half an hour must have expired before I got to the prisoner's house, which was about a quarter of a mile from mine.
Fourth Jury, before Mr. Common Sergeant.
GEORGE MUSSELL . I live in Church-street, Camberwell. On the 22nd of October, about half-past eight o'clock in the evening. I heard a noise in the shop—I went in immediately, and found the till on the floor—I had seen it about five minutes before—there was then five or six shillings in it—nobody had been in the shop after I saw it safe, to my knowledge—when I got into the shop I saw the prisoner outside the door, collared by the witness—he struggled to get away—the money was in the till, which was on the floor.
Cross-examined by MR. PAYNE. Q. How far were you from the persons who were struggling? A. Close to them—I did not lay hold off the prisoner, as the witness was sufficiently strong; but he got away—I did not feel inclined to lay hold of him—I was standing at the door—I saw him for about two minutes—I did not lose any money—I had never seen the prisoner before—I was by his side—I do not recollect saying anything to him—I was much agitated at the time—I can swear to him—there was a lamp-post immediately opposite.
JAMES MAYES . I was standing close by the prosecutor's shop, at about half-past eight o'clock in the evening, and saw a person go into the shop—it was the prisoner, I am sure—I watched him, and saw him reach over the counter, and take the till out—I stopped him at the door with it—I took hold of him, and he made his escape—I have not the least doubt of him, and swear positively he is the man.
Cross-examined. Q. Had you ever seen him before? A. No—I was walking with a man, who is not here—he saw all this—I struggled with the prisoner for about two minutes—the prosecutor came in the mean time—he did not attempt to lay hold of him—I was close to the shop, looking in at the window—there was a gas-light in the shop—I swear I distinctly saw his features—it lasted about five minutes altogether—I did not follow him when he got away.
Prisoner's Defence. I was going home, and the policeman came up to me, and asked me to go back to the shop—I walked back with him—I know nothing of it whatever—I had been to order some goods, which I had to take to a lady's house.
GUILTY . Aged 20.— Transported for Seven Years.
Before Mr. Justice Gaselee.
2286. THOMAS FIELD, alias Jenkins, FREDERICK THOMAS JENKINS, alias Edwards ; SOPHIA JENKINS, alias Sophia Edwards, and MARY CARMAN. alias Lindsay, were indicted for feloniously making and counterfeiting 4 pieces of false and counterfeit coin, resembling, and apparently intended to resemble and pass for, crown-pieces, on the 19th of September, at St. Mary, Lambeth.
MR. CHAMBERS conducted the Prosecution.
WILLIAM REYNOLDS . I am a constable of St. James's, Clerkenwell. On the 19th of September I went to New-street, New-cut, LambethDuke, Hall, and Ashton were with me—I arrived a little before four o'clock in the afternoon, and observed a female knocking at the door of No. 1—the door was opened by Carman—I rushed into the passage and was collared by Carman, who screamed out violently—Duke followed me in immediately—I released myself from Carman and went up staris, and in going up I had occasion to pass by the back parlour door—I observed the prisoner Jenkins called Thomas Field in the back parlour in his shirt sleeves, and at the top of the staris was Sophia Jenkins, who had nothing on but her shift—she said, "My God, what is the matter?"—she went into the bacje room first floor, on to a bed which was lying on the floor, and wrapped a blanket round her—I went into the front room, first floor, and seeing no one there, I ran down stairs, hearing a noise in the back yard—I met Ashton as I was coming down the stairs, and we both ran into the yard together—I found Carman in the yard then, and nobody else—I saw two crown pieces lying on the stones in the yard, and two in the water-tub—I requested Ashton to pick them up, which he did, and in a small drain, near the water-butt, having a little clear water in it, I observed through the water a crown-pieco—I put my arm down the drain and took it up—this is it—I then went into the back parlour, and found Hall and Duke and the two male prisoners, (Field and the boy Jenkins)—on a chair in the room, I found a small file containing white metal in the teeth, also a paper band with a small portion of plaster of Paris on it—Duke in my presence proceeded to search the room, and while he was doing so, the boy F.T. Jenkins was very violent, screaming out "Murder!" dreadfully—Field was standing in one corner of the room with his hancuffs on him—while Duke was searching the female prisoner, Sophia Jenkins put her hand in through the window, which was open, and seized hold of something which Duke had laid down on the chair—Duke laid hold of her hand and endeavoured to get it from her, but did not succeed—at that moment Field sprang from the corner at which he was standing, and seized at Duke with the handcuffs on—that prevented Duke from getting hold of what Sophia Jenkins had—I laid hold of Field by his hand and pulled him back, and afterwards took away Field and the boy Jenkins in a coach which I had waiting.
Cross-examined by MR. PAYNE. Q. When Carman opened the door, did you say any thing to her? A. I did not—I did not inquire for any body—I rushed in immediately, and was followed by a brother officer, and by more than one—I did not hear either of them say a word before they rushed in—the water-tub stood about half-a-foot from the ground—there were five or six pails of water in it—the officers were rushing into the room when the boy screamed "Murder"—Sophia Jenkins was not in a situation to have any thing to do with what was going on in the room—one of the officers was struggling with Sophia Jenkins when Field sprand from the corner of the room with his handcuffs on—he was not using violence towards her—he had got hold of her hand—I do not call it violence—she put her hand through the window to take what she did, and he laid hold of her hand—he
used no more violence that was necessary—I know of no connexion between Field and Sophia Jenkins—I saw Field in the passage in his shirt sleeves—I did not see him do any act of coining—he had not the opportunity while the officers were there—his standing in his shirt sleeves, and interfering in defence of the woman, were the on ly things I saw him do.
MR. CHAMBERS. Q. It was after Carman had screamed out at the door that you saw him? A. Yes; there were no other persons in the house but the four prisoners.
WILLIAM BAKER ASHTON . I am a police-segeant. I went on the 19th of September, in company with Duke, Hall, and Reynolds, to No.1, New Cut, Lambeth—I arrived there about a quarter to four o'clock—I saw the door of the house opened—Reynolds went in first—Duke and I pushed in together and Reynolds was in the passage with Carman—I pushed by him, and saw a man, with his coat off, endevouring to get over the wall in the yard—that was Field—I heard something like money falling—there was nobody else in the yard—Duke and I prevented his getting over the wall I—afterwards looked about the yard, and found two crown-pieces lying on the pavement in the yard, and these two crown-pieces were in the water-butt, close to where Field was endeavouring to get over the wall—I saw Reynolds take a crown-piece out of the drain—I afterwards looked over the wall, being certain there was more money, I got over the wall, and found this bag with coin it it, and some coins spread about the yard—I collected them all into the bag—there were 49 shillings, 10 hals-crowns and 2 crown-pieces, one of them unfinished—as I was taking the money up, I heard a great noise next door, and was desired to come and I ran round the adjoining house into No. 1, to assist the officers—I went into the back parlour, and Field was given into my custody—Hall and I took him in a coach—Hall brought the boy Jenkins to the coach, and we took them both to Clerkenwell station-house—a man named Cooper went into the passage of No.1 with us—he staid there for a short time—when we were in the coach with Field the boy was crying and Field said, "Be a good boy and be quiet"—I said, "Is he your boy?"—he said "I shall answer no questions"—I said he need not without h e liked—about a minute afterwards, without saying amy more, he said, "No, it is not my boy' I dare say you know that, from where you got your information"—I observed Field's left hand was very black in the coach as if he had been working at the fire, and he kept rubbing it on his trowsers—I said "You are taking a great deal of pains to get that stuff off your hands"—he said "What stuff? I don't know what you mean."
Field. It was the juice of an apple which the officer had given me. Witness. It was a quantity of black stuff of the back of his hand, as if he had been holding it over the smoke.
Cross-examined. Q. What time of the day was this? A. I can't say to a few minutes—I should say about a quarter to four—the yard is about ten feet by five or six—I heard the sound of coin falling, but did not see it fall—if a bag of coins had been thrown from up stairs, and burat, some of it might have fallen on each side the wall—the black markds were on the back of his fingers—Reynolds gave him an apple as he complained of being thirsty, and wanted porter—I know nothing of two persons named Smith occupying an apartment in the house—the boy cried very much—I saw Carman in the yard afterwards—I rushed into the house very suddenly—it might have frightened her.
the officers to the house in the New Cut—I went into the back parlour—I observed the boy Jenkins stamping violently on some white substance, and I afterwards discovered it to be a piece of plaster of Paris mould—when I had got him in my arms, he cried out "Murder" very violently—I afterwards found on the table in the room, this wooden frame, as it now is—it is used for the purpose of holding a mould—I also found a pair of scissors, and a pair of plyers, a file which appears to have been used for white metal; and on the chair I found part of a spoon with the end melted and three new spoons in a paper, as they now are—also a knife with a quantity of white plaster on it—and on the floor I picked up some pieces of plaster of Paris mould, which I now produce—this metal get I picked up, but it was so hot I was obliged to let it fall again—it is that part of the metal which fills the aperture or neck of the mould—on the shelf, by the side of the fire-place, I found a paper containing a quantity of counterfeit coin, which I handed over to Hall—I also found a box on the same shelf, containing eleven pieces of white metal, and a good half-crown—I found on the mantel-piece a small spoon, with some white substance about it; and on another shelf, two bags of plaster of Paris, nearly full, and two small files—I observed the fire, it was very birght, and this ladle was on it, with this white metal in it, in a fluid state—after taking up the pieces of mould from the floor, I placed them on a chair near the window—the prisoner Sophia Jenkins was at that timein the yard, and the window was open—she reached her arm in, and took some of the pieces of mould off the chair, and succeeded in destroying them, which prevents my producing all the pieces I found on the floor—I took Sophia Jenkins to the station-house, and on the road I said to her, that her husband was engaged in a very dangerous business—she told me he could not help it, that he was a smith by trade, and he had been out of work a long time.
Cross-examined. Q. Where did that conversation take place? A. Going to the station-house, in Rosoman-street—I believe she began the conversation herself—I found the get on the floor—I cannot tell how long the metal had been on the fire—I should think the fire would smoke his hand—I know of nobody else occupying part of the house—there was nobody else in the house at the time.
MR. CHAMBERS. Q. Was the use of this ladle likely to make a hand black? A. Yes; it is black enough now.
WILLIAM HALL . I am an officer of Hatton-garden. I went to this house with the other officers—I produce twenty-nine shillings, two crown-pieces, and one half-crown, which were given me by Duke, who took them out of a cupboard, by the side of the fire-place.
JOHN FIELD . I am Inspector of coin to the Mint. This is a frame which might be used to bold moulds together—it is generally used for that purpose, to hold the two parts firmly together—this is part of a plaster-ofParis mould for casting a crown-piece—there is a portion of the impression of the obverse side of a crown-piece on it now, and three are some of the letters of the word Britannia—the channel of the mould, through which metal is poured, is still remaining, and this get corresponds in size with the channel—this is the obverse side of a half-crown mould, dated 1826, and it has some of the letters—here is a mould for a shilling, with the obverse and reverse impressions nearly complete, of the date of 1819—I have examined the other things; they are all implements of coining and casting, and such as are generally used—the crown-pieces are apparently intended to resemble the current coin—all the coin produced is counterfeit,
and is cast with white metal, and this good half-crown appears to have been used to make the mould.
Cross-examined. Q. By what test do you ascertain them to be bad? A. The coin of the realm is struck with a die—these are cast in a mould, and this is white metal.
JURY. Q. What was the nature of Carman's exclamation when you entered the house? A. She screamed out, that is all—she resisted and struggled with me—she had no reason to know me, that I am aware of.
Field's Defence. In the first place—at Hatton-garden, nothing was sworn about my being seen in the room below stairs till I was brought there by the officers—I was taken handcuffed from the yard to the room—I had called at the house twenty minutes before to visit Sophia Jenkins, and stopped there, as she was ill—I formerly lived with her—I slept there once or twice a week then—I had left her, and came down stairs to go to the business of my master, who is unable to attend here—I was taken; and othere witnesses I might have had here, may not come, understanding the Mint cases would not be tried till Friday morning—my landlord would have been here, had he due notice of the case—I will next observe, that, while in the water-closet, the prisoner Jenkins (who will acknowledge I was there, and merely came to visit her)—She heard there was something amiss, and called to me to let me escape—I have surfered from something of this sort before—I declare I was never in eighter of the lower rooms—the landlord of the house was summoned to give evidence at the office; and when called on, he said he was the rent-gatherer, and that only Smith and his wife had taken the house—they said, "Look round, and see if you can see Smith"—he looked round, and said, "I do not see him"—the Magistrate asked him to look at the prisoner, if that was him—he said, "No, I decidedly not; it was a bigger man than him"—he said, "Don't you think it possible that might be him?"—he said, "No"—I said, "I beg your pardon, your Worship, I hope you don't want the man to swear to me"—the Magistrate said, "Silence, Sir; pur your hat on; don't interrupt the witness;" and I put my hat on, but he could not identify me—I declare my innocence of having been in eighter of the lower rooms, or having possession of the coin.
JOHN MARMOY . I live at No. 43, New York-street, Bethnal-green. The prisoner field lived in my house for 12 or 15 months, as near as I can recollect—I do not know who he worked for—I remember this Saturday, the 19th of September—he did not come home to dinner that day—I have known him longer than the time he lodged with me—he bore an honest character.
MR. CHAMBERS. Q. When did the prisoner first come to lodge at your house? A. About 12 or 15 months since, but I am not certain to a day, as he always paid me every Saturday—I do not know how he got his livelihood, only as a mechanic—he came in a mechanic's dress—I had heard he worked somewhere near whitechapel, but where, I never knew—I don't know any of his friends.
Prisoner Field. Q. Was not I at home to dinner on the Saturday in question? Try and recollect yourself. Witness. Oh! Yes, he was at dinner on the Saturday, but he did not come home that night—he dined at home about one o'clock, and left about ten minutes after two.
Field. I went from the house of my landlord to my work at
Whitechapel; but I don't wish to bring the young man's name in the way who employed me, as it might injure him—he is an upholsterer—I had gone over to Webber-row on business for him, and visited Jenkins, she being ill at the time—I laid down there, which may account for my being in my shirt sleeves—I staid about a quarter of an hour with her, and went down to the privy—a messenger had arrived from a house where Mr. Powell knows an apprehension had taken place, about an hour before, and the policemen had to go to Rosoman-street with the prisoners they took, and then came over the water to the New Cut, during which time there were popportunities for parties to convey intelligence to Mr. and Mrs. Smith, who could have made their escape, and left the articles as they were found.
Jenkins's Defence. These two young men are quite innocent—the landlord was not at home—I had two rooms on the first floor.
Field. The officer struck the woman with his staff, which made me go to her assistance.
FIELD— GUILTY . Aged 28.
SOPHIA JENKINS— GUILTY . Aged 29.
Transported for Life.
THOS. F. JENKINS— NOT GUILTY
CARMAN— NOT GUILTY .
2287. THOMAS FREDERICK JENKINS and MARY CARMAN were again indicted for having in their possession a mould, bearing the figure and resemblance of a counterfeit half-crown, upon which no Evidence was offered.
NOT GUILTY .
Third Jury, before Mr. Justice Vaughan.
MR. CHAMBERS conducted the Prosecution.
JOHN LEE . On Friday, the 9th of October, I was servant to Nicholas Kenward. On the evening of that day he was driving on the Clapham-road in a carrier's cart—we were going towards the Brixton-road, near the Horns Tavern, at a short distance from the tavern, on the near side of the road, which was our proper side, our near wheel was about four or five yards from the footpath—there was plenty of room between the off-wheel and the off-side of the road for one or two carriages to pass—we were going at a very steady jog trot, four or five miles an hour—when we were about 100 yards beyond the Horns, a chaise was coming from the Clapham-road, as I suppose—it was coming from London—it came on us all in an instant before we had time to save ourselves—I suppose it was coming fast—I can't say at what rate it was coming, for it came all in an instant—the off-wheel of the chaise came in contact with the off-wheel of our cart, and the stock of his wheel came in contact with the stock of ours, and overturned our cart—I received only a slight bruise—both carriages were overturned—on my getting up I saw the policeman come to Mr. Kenward's assistance, and he was taken to Mr. Taylor, the surgeon's—he was dead when I went into the shop.
Cross-examined by MR. PHILLIPS. Q. What light was there? A. It was dark, but there were lamps alight on both sides of the road—we did not observe the chaise coming till it was on us—(looking at a plan of the road) our cart went between the lamp and the corner, on this plan—there
was an omnibus standing at the corner, at Mr. Simpson's—the accident happened on the Brixton-road—I do not recollect whether my master tried to jump out of the cart—I suppose, from the sudden jerk of the cart, he was thrown out, but I cannot say whether he attempted to jump out or not.
SAMUEL HARRIS . I was on duty near the Horns on the 9th of October, at seven o'clock in the evening, and saw Kenward's horse and cart cross the road; and after that, observed the chaise in which the prisoner was—it was between twenty and thirty yards from the cart when I first noticed it—the prisoner was driving, and he was going at about ten miles an hour—it was coming at a sharp trot, but was not unsteadily driven—before I noticed it, I heard a voice halloo, "Aboy!"—I do not know whether it proceeded from the cart or chaise—I saw the chaise come in contact with the cart, exactly opposite me—I did not see the chaise overturned—I saw the cart overturned—I picked up Mr. Kenward, and thought at the time that he was dead—it was a cloudy night—I saw it coming at a distance of thirty yards, by the light of the lamps—I should think the people in the chaise must have seen the cart—the cart was on the right side of the road—the proper side—the near side—it had got into a direct line towards Brixton—when the prisoner was within a few paces of the cart, the horse and chaise branched off to its near side, to avoid the cart—I took the prisoner into custody—there was another person with him—the prisoner into custody—there was another person with him—the prisoner was very much excited by liquor when I took him into custody, and the other one was the worst of the two.
Cross-examined. Q. You mean to swear he was very much excited by liquor, do you? A. Yes.
JAMES HURST . I am a policeman. I was on duty near the Horns—I was about twenty feet from the cart when I first saw it, and fifty or sixty yards from the chaise, which came zigzag along the road, apparently, as if the driver had no command over his horse—when it came nearly in a straight direction on the cart—the horse in the cart was very spirited when thrown down; but before, it was very steady and quiet—the chaise drove at the rate of ten miles an hour—I saw the cart overturned, and Mr. Kenward taken up—I did not see the chaise overturned—it went on as far as the Obelisk.
Cross-examined. Q. Are you accustomed to horses? A. Yes; I cannot distinguish between the rate of eight miles an hour and ten, but to the best of my judgement it was ten miles an hour—it was a dark night, but there was sufficient light from the gas to discern it—I was not examined at the inquest.
COURT. Q. Was there any thing to prevent the chaise turning out of the road and avoiding the cart? A. No; there was an omnibus, but there was sufficient room between the cart and chaise for two chaises to pass—the road, to the best of my judgement, is between forty and fifty feet wide.
MR. CHAMBERS. Q. Were you examined before the Magistrate? A. Yes.
COURT. Q. You said you thought he was under the excitement of liquor? A. Yes; I told the Coroner so.
the striking together of the two vehicles—I saw the chaise overturned as well as the cart—it overturned almost at the same moment as the cart, and then the horse ran away with the chaise—I suppose the prisoner and his companion were thrown out, but I did not see that—I saw the prisoner looking after his horse, after it was stopped—I herad somebody tell him he had caused the death of the man—he did not display any emotion at that, but I did not myself observe that he was in liquor—I saw the other man, and think he was grossly drunk—I think the cart was on its own side, but near off wheel of the cart, and the off side of the road.
Cross-examined. Q. Was there not an omnibus? A. The cart had passed the omnibus before the accident—the concussion took place by accident—I saw the cart myself—I think if they had been looking out as they ought to do, in driving, they must have seen each other.
Q. Did you say before the Coroner, that from the darkness of the night and the dazzling of the lights they might not have seen each other? A. I think I did—they might not have seen each other "till they came very close"—I do not think I stopped where you say.
COURT. Q. "If they had been looking out as they ought to have done, they must have seen each other, "you said; and now you say, from the darkness and dazzling of the lights they might not? A. I saw them at the distance of forty or fifty yards, and should think they had the same opportunity of seeing.
MR. PHILLIPS. Q. Would not that observation apply to one vehicle as well as rhe other? A. The chaise might be coming at a desperate rate—l did not see either of them till the concussion took place—I did not see the chaise at all before the concussion took place—I did afterwards.
COURT. Q. Explain what you mean by accident? A. I imagine they would not have come in contact if they could have avoided it—the prisoner did not take reasonable care to avoid it—l think he must have been on the wrong side of the way—I think he might have seen the cart coming if he had used his eyes properly—in my judgment it arose from his want of care in driving fast.
DAVID TAYLOR . I am a surgeon. Kenward was brought into my house on the night in question—he was dead—the fracture at the base of the skull, which might be occasioned from falling violently from a cart, was decidedly the cause of his death.
JAMES NELTHORPE re-examined. I did not say before the Corner, that the cart was not on its own side when the accident happened—I said the wheel of the cart was not in the gutter, but the cart was nearer the centre of the road, but on its own side.
Prisoner's Defence. I am very sorry for what has happened—it is not my fault—the cart turned shortly round the corner of Kennington-lane, and caught my wheels before I was aware of it.
WALTER CROFT . I am a basket-maker, and live at Newington, I remember the night in question—I was on the common near the road—I remember hearing the crash of the two vehicles coming together, and they upset—it was very dark at the time, and very wet, the first thing in the morning—there was an omnibus at the corner—I attended at the inquest, but was not called—I saw the prisoner that night, about five minutes after the accident—I knew him before—he was not drunk.
MR. CHAMBERS. Q. Did he appear as if he had been drinking? A. No I do not think he had—I had some conversation with him—all he said to
me was, "Take care of my property"—the policeman came and took him away—there were no lights on the common where I was.
MR. PHILLIPS. Q. Did you see him walk away with the policeman? A. Yes; there was nothing in his walk to denote that he was not sobre.
COURT Q. Do you mean to say he did not appear to you to be under the influence of liquor? A. No; not at all.
NOT GUILTY .
Second Jury, before Mr. Recorder.
JOHN PALMER . I am a labourer, and live in New Pye-street, West-minister. On Monday evening, the 19th of October, I was standing in Blackfriars'-road, selling pudding, and missed my great-coat, which had hung on a post near me—I found it in pawn next morning—I paid 3s. 6d. to get it out.
WILLIAM SALTER . I am in the employ of Mr. Field, a baker, in the Blackfriars'-road. On the 19th of October, I was at the corner of Barnbyrow, and saw the prisoner come and take the coat off the post, and go across the road with it—I thought he took it in joke, as he had been in Palmer's employ—when I heard of the loss, I gave Palmer information.
JAPETH EDWARDS . I am a policeman. I took the prisoner into custody—I told him I wanted to speak to him respecting Palmer's coat—he said, "Well, what of that?"—I said, "I want to know where you pledged it"—he said, "I did not pawn it myself, I sent somebody else with it"—I asked if he received the money; he made no answer.
Prisoner's Defence. I did not steal the article I was convicted of—my master owed me 12s. 9d., and I pawned it to get the money.
GUILTY . Aged 45.— Confined Six Months.
Fifth Jury, before Mr. Common Sergeant.
2290. SUSAN TEMPLEMAN was indicted for stealing, on the 16th of April, 1 veil, value 6s.; the goods of Charles Bernard:— also, on the 6th of June, 3 shirts, value 15s.; the goods of Charles Bernard:— also, on the 15th of June, 2 sheets, value 7s.; 1 table-cloth, value 2s.; 1 gown, value 4s.; 1 night-gown, value 1s.: 1 shirt, value 1s.; and 1 shift, value 3s.; the goods of Mary Louisa Rosier:— also, on the 1st of October, 3 table-cloths, value 7s.; 1 shift, value 2s.; 6 shirts, value 12s.; 2 gowns, value 10s.; 1 handkerchief, value 1s. 6d.; 2 petticoats, value 2s.; and 3 aprons, value 2s.; the goods of James Reynolds:— also, on the 2nd of October, 1 spoon, value 3s.; 1 handkerchief, value 3s.; 1 table-cloth, value 1s. 6d.; 2 sheets, value 4s.; 2 pillows, value 2s.; and 1 blanket, value 3s.; the goods of John Hall; to which indictments she pleaded
GUILTY .— Transported for Seven Years.
FREDERICK WARREN . I live with Messrs Taylor and Sons, at No.3, Bankside. The prisoner, who was my masters' carter, came there on Saturday week, about three o'clock, and said. "They have sent me from Redcross-street (where Messrs. Taylor's other firm is,) for two bags of glue, which I am to take to Redcross-street, and then I will return, and take your goods out "—he went and took the two bags of glue, and took them away in Messrs. Taylor's cart—I saw him put them in, and put up the tail-board and drive away—when the prisoner was taken, he said it was true he took the glue, that he drove his cart under the arch of Southwark-bridge, while he went to get a pint of porter, and when he came back the tail-board was down, and the glye was gone; but who took it, or where it went, he did not know.
Cross-examined by MR. DOANE. Q. This man was trusted to carry all sorts of goods about town? A. Yes; he had carried out goods that day—he took the glue away with my knowledge, certainly—I understood by his saying that he came from Redcross-street, that he came from the firm.
GEORGE SMITH . I am warehouseman to the prosecutors, in Redcross-street. It is my business to direct the carters to fetch things, and it was so on the 17th of October—Messrs. Taylor and Sons had power to direct the carter—I did not send the prisoner for the glue on the 17th of October, and he did not bring it to the warehouse—if he had been directed to fetch it, I must have known it.
Cross-examined. Q. How many gentlemen are in the firm? A. The father and two sons—he might have received directions from them without my knowing it—I had not heard any conversation on the evening before about any glue being wanted—the goods which the prisoner had to deliver that day were of value, and he delivered them fairly.
FREDERICK WARREN re-examined. Mr. Taylor came to me about a quarter past three o'clock, and in consequence of what he said, I went to Redcross-street—the prisoner was there—he was charged by Mr. taylor and denied having seen the glue, or having touched it.
Cross-examined. Q. Did you state that to the Magistrate? A. No; I did not.
Cross-examined. Q. You cannot swear what othes did in your absence? A. No.
Prisoner's Defence. Mr. Smith told me on Friday to fetch the glue, and on Saturday I went and got it—I put it into my cart—I, and Warren, and his mate, went into the shop at the corner, and had a quartern of gin—I was tipsy, and thought I had not had enough—I went to get a pint of beer, and when I came out the cart was drawn away, and the glue was gone.
(William Sergeant, George Kimpton,----Grove, and Thomas
Edwards, porters at the Belle Sauvage, who had employed the prisoner, gave him a good character.)
GUILTY. Aged 23.—Recommended to mercy by the Jury. — Confined Nine Months.
Sixth Jury, before Mr. Sergeant Arabin.
2292. WILLIAM JONES, alias Barrett, was indicted for stealing, on the 15th of August, 1 cash-box, value 7s.; 2 bags, value 6d.; 300 sovereigns; 1 £100, 1 £40, 4 £10, and 3 £5 Bank-notes; the goods and monies of Isaac Maurice.
ISAAC MAURICE . I belong to the medical profession, and live at No.8, Grosvenor-street, Camberwell. On Saturday, the 15th of August, I came up from Dudley, beyond Birmingham, by the "Tally Ho" Birmingham coach—I arrived soon after seven o'clock in the evening—we stopped at the Bull and Mouth; but I lost my property in Manor-place, Walworth, at No. 10—I called a cab at the Bull and Mouth, to go there—I was lodging there—at the time I got into the cab, I had a carpet bag, a travelling cloak, and a large paper parcel, and my cash-box—my cash was in my box, locked, and covered with paper, with my own name on it—they were put into the cab—I did not take particular notice of the driver, it was getting rather dusk—I believe the prisoner was the man—I drove to No. 10, Manor-place—I there got out—I believe the prisoner handed me some of my parcels out, and I partly took them out myself—when every thing was out, I paid him, and he drove away immediately—he flogged his horse and went off very quickly—there was no space of time, scarcely, between the time I paid him and the time he drove off—I missed the box immediately—it contained the property stated—I mentioned to the landlady that I had left the box, and must go after it, and see about it—I went, but he was too far gone, I went to the Elephant and Castle, and took a cab, and pursued to the stand which I took him from—I knew the number of the cab before I went after it—I found the same cab, but not the same driver; he was gone—the box contained the property, besides some loose papers of no value—I cannot tell when the prisoner was taken, but he was taken in Westminster, by the police—I have never seen a shilling of the property.
Cross-examined by MR. PHILLIPS. Q. did you know the number of the cab? A. Yes; I have the number down on paper—I put it down, and two or three days after, I believe, I went to the office in Guildhall, and they took it down—I cannot swear the prisoner was the driver, but to the best of my belief he was—I got the number by means of the superintendent at the police-office—I gave him a description of the driver and the cab, as a yellow-bottomed cab, and they gave me the number; it corresponds with the number I got at Somerset House, and it was the true number—I know there are numbers of yellow-bottom cab.
COURT. Q. You say you believe the prisoner to be the person who drove the cab? A. Yes; though he was differently dressed from what he is now—I followed the cab, and found it on the same stand I took it from—I could recognise it again—I did not take the number; I could scarcely see; it was between eight and nine o'clock.
WILLIAM MERRICK . I am porter at the Bull and Mouth. On the evening of the 15th of August I remember calling a cab for this gentleman—the prisoner was the driver—I saw the property put into the cab, and the gentleman drive away—I never saw the prisoner again till he was taken.
Cross-examined. Q. Are you sure the prisoner was the driver? A. Yes; I had known him before—I am sure I am not mistaken.
HENRY INSKIPP . I am a cab—driver. I know the cab, and the prisoner who drove it—I saw him that evening drive a gentleman, with some luggage in his cab—it might be seven o'clock, or later—he came round St. Paul's Church-yard with the cab, and I passed him with another cab.
JOSEPH BONSOR . I am a fishmonger, and live in Rose-court, Fore-street. I have known the prisoner about three months—on that Saturday night he drove a green-bottom cab and horse—he brought it in about half-past eight o'clock, and changed the horse—I did not see any thing of him for a good while after—for about six weeks—he them bought a cab and horse of me—he paid me 10l., and was to pay 8l. more—he should not drive any more—he went away on the Saturday night, and I never saw any more of him for a month or six weeks.
Cross-examined. Q. The cab he drove for you was a green-bottom one? A. Yes; I had a yellow-bottom cab, but he was not out with that
COURT. Q. Did he leave any more money with you? A. No, not a farthing.
JOSEPH EDWARDS (police-constable L 182.) I apprehended the prisoner on the 16th of September for a misdemeanor, for which he paid 5l. and during that time I questioned him respecting a horse that he had—he gave a sorry account of it—Mr. Bonsor came forwards and identified the horse, and during that time I received information of this.
(Benjamin James Fowler, builder, No. 13, Beech-street; George Wilmot furniture broker, Hoxton Old Town; Samuel Striffin, No.3, Edward-street, Kingsland-road; William Henry Barrett, Clock-master, No.17, Oxford-street; and John Jones, painter and glazier, Ragan-street, Chiswell-street gave the prisoner a good character.)
GUILTY . Aged 19.— Transported for Seven Years.
Fifth Jury, before Mr. Sergeant Arabin.
MR. PHILLIPS conducted the prosecution.
JOHN MALLETT . I live in Prior-place, Walworth, and am a customer of Mr. Penson's. On the 15th of July the prisoner called on me for money, and I paid him 7l. 13s.—I have his receipt for it—on the 22nd of July I paid him 9l. 17s. 6d., and on the 7th of October I paid him 10l. 10s.
Cross-examined by MR. DOANE. Q. How long have you known him? A. Seven years—I always thought him honest—I have complained of goods being bad—I believe there has been some allowance made, but I cannot say on what account.
GEORGE PENSON . The prisoner was in my service—he first acted on commission, but that has ceased nearly twelve months—he was only a regular servant on the 15th of July—it was his duty to collect debts for me, and to account for them as soon as he got home—on the 15th of July he accounted to me for 7l. 12s. as received from Mr. Mallett—on the 22nd, 9l. 16s.—and on the 7th of October 10l.
Cross-examined. Q. Did not a considerable time elapse before these accounts were entered? A. It was some time before to was posted—I did not keep the books—I did not see day by day what the prisoner's accounts
were; after I had the prisoner my business increased; he introduced a few customers—I never heard that he was about to set up in buainess for himself—I did not say I would prosecute him to get back this money.
MR. PHILLIPS. Q. Have you brought your day-book here? A. Yes—on the 15th of July here is 7l. 12s. entered as received of Mr. Mallett in the prisoner's handwriting—the other two of the 22nd of July and 7th of October are in my handwriting, by direct communication from the prisoner, and at the same time he handed over the money.
Prisoner's Defence. The transaction between me and Mr. Mallet was this—he had a father in the business—Mr. Penson said to me when his father appeared as a bankrupt in the paper, "Is that our Mr. Mallett," I said, "No his father"—I said I would guarantee the debt, as I was satisfied he would pay, and by that means I thought I was entitled to the small discount I have taken.
NOT GUILTY .
GEORGE PENSON . The prisoner was in my service, and had to collect monies. On the 29th of May he accounted to me for 5l. 10s. 6d.—on the 1st of July he accounted for 8l. 1s.—the entry on the 29th of May is in his own handwriting; the other is in mine, by the prisoner's direction—the cash account was made up every night—the prisoner did not say that he had deducted a single fraction—our commission had ceased six months before this—he had 30s. a week, with board and lodging, and expenses allowed him for toll, and what necessary expenses he paid—it was his duty to make up the cash account, or see it done, and hand it over when made—I suspected him, and made inquiries—I found he had entered so much short—he did not say he had deducted a farthing on account of toll or any thing else.
Prisoner. This deduction I thoutht I was entitled to by gneranteeing the debt—if Mr. Mallett had made a bad debt, Mr. Penson would have made me answerable for it, as he has done on other occasions.
NOT GUILTY .
SARAH ALMOND . I know the prisoner. On the 17th October he called on me, about nine o'clock in the morning—I had been a customer of Mr. Penson's through Woollett—I paid him 11l. 1s.—he said they were rather short—he did not ask me for it; I said I would pay it.
Cross-examined by MR. DOANE. Q. You had had dealings with this man, and know him some time? A. Yes: he introduced me to Mr. Penson—I cannot say whether he said he was short, or they were short—there is still some settlement to be made with Mr. Penson—I had allowances for bad goods sometimes—this was Saturday
MR. PHILLIPS. Q. Do you owe Mr. Penson any more money? A. Yes.
JOHN WELLER . I am a grocer and cheesemonger. On the 17th of October I owed Mr. Penson about 25l.—I remember seeing the prisoner that day—he said he wished me to pay him 4l. 10s., as he had taken a cask of butter to a party, whom it did not suit, he must go and buy another: that it was no use his going home, as they had none there; and he would take in off the account on Wednesday.
Cross-examined. Q. Was Wednesday the settling day? A. Yes; and before that he was taken.
GEORGE PENSON . The prisoner was in my service. I did not direct him to go to Mrs. Almond on the 17th of October—I was not short of money—he made no entry on that evening of any sum received from Mrs. Almond—there are entires in the book on the Monday succeeding—some in my handwriting, and two or three other persons', but none by the prisoner—the prisoner did not enter either the first or the second payment, not tell me he had received them.
Cross-examined. Q. Was not Wednesday the regular day that cash was received? A. It was so far the regular day, that if cash was received as that day it would be entered—it was the day he usually went round—he was taken on the Tuesday—I had not told him to make use of money, when he was short in the way of business, on my account—when he came home he said he had spent so much for tolls—he has once or twice asked me to pay his rent—the day for making up Mrs. Almond's account was on Wednesday, the day he usually went out—after he was taken up a person called on me, but I did not speak to him, and the money was never offered to me—I do not know what he came about—he walked into my counting-house. and talked about the business, and mentioned Woollett's name—I said I had nothing to say to him—I did not give the prisoner an opportunity of answering this charge.
MR. PHILLIPS. Q. No matter what the receiving day was, if he had received this money on the Saturday, was it not his duty to have entered it is the book? A. Yes; the tolls of a whole year would not amount to 11l—I have advanced him money, but I never authorized him to go to my customers and collect debts and appropriate them to his own use—when he was taken he did not state that he had received any money from Mrs. Almond—if he received money on any day he ought to have entered it, and not to have waited for Wednesday, but to have entered it on the day he received it—I have not the least doubt of that—the cash was balanced every night, and it was balanced that Saturday night—he made no mention of what he had received in the morning.
Prisoner's Defence. The prosecutor states that he balanced his book every night. I have known it be for two or three days without balancing; on that Saturday night I asked for Mr. Penson, with the intention of naming to him that I had been driven for money, and I had taken this, and I would account to him on the Wednesday. I have repeatedly asked him to let me have 12l. or 15l.—he said, "You can take it, Woollett, and settle when you like." My intention was to have settled with him on the following Wednesday, and I sent it by a friend.
NOT GUILTY .
2296. WILLIAM COLE was indicted for stealing, on the 13th of October, 35 combs, value 9s.; 15 pieces of horn, value 1s.; and tool called a quanett, value 8s.; the goods of Thomas Robins Keen, his master: and WILLIAM RUSSELL , was indicted for feloniously receiving the same, well knowing them to have been stolen, against the Statute, &c.—2nd COUNT, for receiving of an evil-disposed person.
deliver some work—on that day the quantity I had delivered was deficient four dozen and three—I called his attention to it—he said he had brought all down that he had up-atairs—I told him if he did not find them in the course of the day, I would give him in charge in the evening—I heard of the name William Russell—I went to his house in Gibson-street, and saw my combs there in the window I knew them by the stain and the bend—I saw Russell—when I told him, he said he was willing to give them up, and that he had bought them of Cole, who had previously told me had sold them for 5s.—I told Russell that Cole had told me he had sold them for 5s.—Russell admitted he had bought them of him—he said to Cole, who was with me, "You vagabond, you have brought me into this scrape"—I had held out no hopes of mercy to Cole—he was the only person I employed to stain that description of combs, unless it was a particular order, and then I might go to another person to finish them—they are worth from 9s. to 11s.—Russell was a hairdresser, and I should think would know the value of them.
Cross-examined by MR. PAYNE. Q. Supposing the combs to have been bought in an unpolished state, and afterwards polished, would they not have been worth less? A. Yes; but they are not sold unpolished—no man would send goods in, in that state—a person might buy them, amd polish them himself, but it is not likely—I went with Russell to the Magistrate, and took one pair of combs, leaving the rest there in his window—Russell was admitted to bail—he surrendered last night—there was a young woman in Russell's shop when I went to the Magistrate—when I came back I found all in the same state—Cole has been with me three or four months—when he came to me, he said he had been at work for another person.
COURT. Q. How far does Russell live from you? A. I suppose three-quarters of a mile—I heard that Cole lived in little Guildford-street.
MR. PAYNE. Q. Do not persons who are in distress, sell these combs sometimes cheaper than others? A. Yes, they do; but he could have got more than this in any part of London, honestly.
HENRY KIDNEY (police-constable, L 86). I accompained Cole and the prosecutor to Russell's, in Gibson-street—I went into the house—the first I saw was a person named Clayton, who formerly kept the house—Mr. Keen was going to give him in charge—just as he spoke, out comes Russell—Clayton said the shop was not his, he had let it to Russell—we then called in Cole, who said that Russell bought the combs of him—Russell said, "You good-for-nothing vagabond, you have helped me into this trouble"—he told Mr. Keen, if that was his property he might have it—that he had bought it of Cole, understanding that it was his property—I took Russell to the Magistrate—he stated the same there, and said he had no objection to Mr. Keen going back, and taking the rest of combs—I then went to Cole's lodging, at the Compasses, in Little Guildford-street—I asked to go to the room where Cole slept—I found there, fifteen pieces of horn—I then went to Mr. Batsford's in the Borough, where there was a tool sold, which was given up—the prosecutor was with me—Cole was at the station-honse—the tool is called a quanett, I think—when I went to Cole's lodging, two or three of Mr. Keen's men went with me, and one of them indentified some horn—I produce the combs.
of them are my work—when Cole came into our part of the work-shop, in the morning, he said he had lost four dozen and three combs—all the journeymen were very uneasy to find out who was the thief, and I and another of my shopmates went out to find William Cule's comrade—we coud get no intelligence—we came back, and told Cole we had got his comrade in custody, and it would be better for him to give up his master's property, as Clark had disclosed the secret that was between the two—Cole then said, "Well, I will give up the combs; I will tell you where I sold them"—I said, "You had better tell about the quanett, and other things, as Clark has told us all"—we went to Russell's—Mr. Russell said, "How can you say you sold these combs to me?"—Cole said, "I did sell them to you"—Russell said, that if Mr. Keen looked, there were the combs, and he might take them—he said that Cole had got him into a hobble, which he was very sorry for, as he had bought them of him, supposing them to be manufactured by himself—I know this quanett—I have worked with it myself in the shop.
Cross-examined. Q. was your master and the policeman present at Rusell's? A. Yes.
JOHN JAMES BATSFORD . I live at No.121, High-street, Borough, and am an ivory and tortoise-shell comb-maker. I know this quanett—I bought it, I believe, on the 24th of September, for 3s. of the prisoner Cole—he brought it into the shop at dusk—I was packing a large shipping order—he came in, and said, "I can get no work, I am hard up "—I said "We do not want it, as we do not use tools so coarse as that; and beside, my men find their own tools"—he said "I am hard up, I must sell it; you shall have it for 3s., 6d. "—I put my hand into my pocket and said, "I have but 3s., if that is any use you shall have it," and he took it.
ROALLSTON SMITH . I live at No.11, Grove-place, New-cut, Lambeth I am a comb-maker, in the employ of Mr. Keen—I had seen some pieces of horn there—I lost seven pieces on the 9th of this month—they had been delivered to me to make combs—here is one I can swear to positively—I believe they are all my master's—I saw this piece of horn in the officer's hand at Cole's lodging—my master left Cole in my possession while he went to his lodging, and Cole said all he cared about was some pieces of horn which he bought from his bed-fellow Clark, and I asked if they were what was taken from my place, and he said, "No.".
Cross-examined. Q. Was Cole a workman, who, if he took pieces of horn, could make such combs as these? A. Not such as these.
Cole's Defence. On Tuesday evening I asked my master for some money—he refused me the money—I took these combs, and sold them to Russell—I was without food—I has sold Russell combs before I went to Mr. Keen—he did not know whether these were mine or no.
Russell's Defence. I bought combs of Cole before, and did not know but that these were his own work—I did not want them—I was short of money, and did not pay all the money for them. I thought, by their being not so highly polished as they sometimes are, that he might be in distress for the money.
MR. KEEN. He had not applied to me for money that week—he has no money on the preceding Saturday night—I did not owe him any thing till this work was brought in, and he did not apply.
COLE— GUILTY . Aged 23.— Confined Six Months.
RUSSELL— NOT GUILTY .
JOHN FROST . I am a wheelwright. On the 7th of October the prisoner came to my shop, at six o'clock in the morning—he stated that he had come on the night before, and he borrowed a truck for two hours—I desired him not to keep it longer, as a neighbour had engaged it at eight o'clock—he said he would return it in less than two hours—he had hired a truck the day before, and paid for it—he took away the truck, and I have not seen it since—he was to pay twopence an hour for it—I did not see the prisoner again till the 22nd of October, when my apprentice brought him to me—the truck was worth 2l. 10s.
Prisoner. I had hired the truck the night before—I took it home, and asked if I could have it the next morning, as I was going to Charing-cross, and I took it out, not bargaining for any time—I went to Charing-cross, and waited till nine o'clock for a gentleman, and he did not come—as I was going back over the bridge, a boy who was with me, said he had no money to pay for it, and we left it in some ruins in the Waterloo-road, and told the prosecutor so. Witness. He denied to me that he ever had the truck in his life—he told the Magistrate he had left it there.
RICHARD WHEATLEY . I am a police-constable. I received charge of the priosner from the prosecutor in Kent-street—on the way to the station—house I asked him what he had done with the truck—he said he knew nothing of it at all—when we got to the end of Mount-street he said he had had it, and taken it away, but at that time he should not tell where it was.
Prisoner. It is false; I never told him a single word—I walked all the way without saying any thing—the truck was not sold—I told him where the other boy lived. Witness. Yes; he said he lived at the Red—house, in the Mint—I went there on the 23rd—there had been such a boy there, but he had absconded for a fortnight.
GUILTY . Aged 16.
GUILTY . Aged 16.— Transported for Seven Years.
Fifth Jury, before Mr. Common Sergeant.
MESSRS. ADOLPHUS and CLARKSON conducted the Prosecution.
WILLIAM AMOR . I am a pawobroker, and live in Lambeth-walk. The prisoner was in my service—I know Mr. Newby. of Drury-lane—he is a pawnbroker—I purchased clothes of him from time to time, every month—I took all the clothes indiscriminately of him under the value of ten shillings—On the 17th of September I gave the prisoner 50l. all in gold, to go to Newby, to purchase goods—it was on a Thursday—he went about two o'clock in the afternoon—he returned about half-past ten o'clock at night—he brought five bundles of goods, and some hats which he said he had bought of Mr. Newby, to the amount of 75l.—he was not entitled to any remuneration for purchasing goods—next day I was out in the afternoon—I met a friend, and, from what passed, I went to Mr. Newby, and from
what I heard there, I came home, and taxed the prisoner with it—I said, "Did not you tell me I owed Mr. Newby 25l. 19s. 6d.?" which was what he told me—he appeared staggered at the question, and stammered out, "20l. 18s."
NOT GUILTY .
MESSRS. ADDLPHUS and CLARKSON conducted the Prosecution.
JAMES NEWBY . I am a pawnbroker, and live in Drury-lane. I know the prisoner—he was servant to Mr. Amor, and was in the habit of coming to my shop monthly, to make purchases—on the 29th of July, I sold him on his master's account, a lot of goods, which amounted to 6l. 10s.—this piece of bed-ticking is part of the articles I sold the prisoner for his master—I would not swear I sold it him on the 29th of July, but it was sold to Mr. Amor through the prisoner—the cost price of it is 10s.—I was at the prisoner's house, No. 1, Penton-place, on the 29th of September, which was the day his house was searched—amongst other articles this piece of ticking was found—I recognised it as one of the pieces of goods I had sold Mr. Amor—I never sold a piece ofticking to the prisoner, on his own account, to my knowledge.
Cross-examined by MR. PHILLIPS. Q. You will not swear you did not sell him any on his own account? A. No. I had known him four or five years—I was always equally positive that this was sold to Mr. Amor.
Q. Upon your oath, did you not say at the police-office, that you believed it was on Mr. Amor's account? A. I cannot call to mind—I might say I believed it—I have since inquired of those at home.
Deposition read. "The piece of ticking produced I sold to the prisoner, to the best of my belief, on his master's account."
WILLIAM HOWARD . I am brother-in-law to Mr. Amor. The prisoner made application to me respecting some feathers—I think in August—he asked me if I had any feathers—he said he had another lodger coming, that he had bought a piece of tick of Mr. Newby, and wanted to make a bed for him.
Cross-examined by MR. BODKIN. Q. Had he known you before? A. Yes; and I know him—he did not tell me to keep it secret.
MR. ADOLPHUS. Q. Did you know that at that time Mr. Amor had the best opinion of him? A. Yes; I know he had.
JOSEPH SMITHER . I am an officer of Union-hall. I went to the prisoners in Penton-place, to excute a search-warrant on the 29th of September—among other articles, I found this piece of ticking, and another small piece in a bundle.
WILLIAM AMOR . the prisoner was my servant. I the course of July I sent him to Mr. Newby's, to make some purchases for me—I never received a piece of bed-ticking as purchased of Mr. Newby—b never gave the prisoner leave to take a piece of tick, or any thing else.
Prisoner's Defence. I intended to go into business on my own account and purchased goods for myself of Mr. Newby—I bought 13l. worth of Mr. Watson, on the 17th of September—I never defrauded my employer of a farthing—I have been good and faithful to him as he knows—and if his books had been produced, it would have been found, that in July, I bought a lot of 53l. worth, for which I only charged Mr. Amor 40l.—I bought that piece of tick with the 10l. worth—which I paid for myself.
COURT to JAMES NEWBY. A. Before you dealt with with Mr. Amor, had you dealt with the prisoner on his own account? A. I can hardly
answer that question directly—he once lived in our establishment, and might have bought things in a private way, or rather behind the counter—but as to buying for himself in business, I do not know that he never did—this piece of ticking was sold to him for Mr. Amor—but in what lot I could not swear.
(Thomas William Piggot, an ironmonger, of Red-cross-street; Mr. Besant, a pawnbroker, of South Audley-street; John Cozen, a tailor, of Tavistock-street; Mr. Hefford, a shipwright, of Bermondsey-wall; Edward Northy, a comb-maker; Mr. Farren, a brewer, of Penton-place; and Mr. Aldous, a pawnbroker, gave the prisoner a good character.)
GUILTY. Aged 34.— Judgment Respited.
THOMAS STOREY . I am porter to a tea-dealer in the Walworth-road. On Saturday afternoon, the 10th of October, I took out a basket, containing some tea and other goods—I called at a beer-shop in the Walworth-road, and left my basket at the door while I went in to drink—when I came out the prisoner was pointed out—he had this pound of tea which had been in my basket—I can swear to it, an it has the bill and recipt of all the goods tucked under the string.
Prisoner. I found it just by the curb-stone, six or seven feet from the basket—I had got a mile before he took me. Witness. I can swear it was in my basket when I went in to have some beer—I took the prisoner in three minutes.
---- ---- I am a police-constable. I produce a certificate of the prisoner's former conviction, which I got at Mr. Clark's office—I know he is the person.
Prisoner's Defence. I did not steal the tea—I am a shoemaker by trade, but have not earned 1s. for twelve months—I have walked 400 miles, and could not get work—my wife has run away—I have eight children, and have been obliged to go begging—I have a brain fever every change of the moon, and have been in the hospital six months.
NOT GUILTY .
NOT GUILTY .
ADJOURNED TO 23rd OF NOVEMBER.