CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand.
BY HENRY BUCKLER.
SESSION I. TO SESSION VI.
GEORGE HEBERT, CHEAPSIDE.
WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
CENTRAL CRIMINAL COURT.
FIRST SESSION, HELD NOVEMBER 23, 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 Commision 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 WILLIAM TAYLOR COPELAND , LORD MAYOR of the City of London; Thomas, Lord Denman, Lord Chief Justice of His Majesty's Court of King's Bench; Sir James Allan Park, Knt., one of the Justices of His Majesty's Cour of Common Pleas; Sir Edward Hall Alderson, Knt., one of the Barons of His Majesty's Court of Exchequer; John Ansley, Esq,; Samuel Birch, Esq.; William Venables, esq,; and Sir John Key, Bart; Aldermen of the said City of London: the Honourable Charles Ewan Law, Recorder of the said City; Thomas Kelly, Esq,; Sir Chapman Marshall, Knt.; James Harmer, Esq,; John Pirie, Esq,; and Thomas wood, Esq,; Alderson 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.
COPELAND MAYOR. FIRST 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.
Third Jury, before Mr. Sergeant Arabin.
1. WILLIAM HART was indicted for burglariously breaking and entering the dwelling-house of christopher Walton, about the hour of ten in the night of the 21st of November, at St. Gregory, by St. Pauf's with intent to steal, and stealing therein, 3 pairs of ear rings, value 3l. 10s., his goods; to which he pleaded
GUILTY— DEATH . Aged 35.
Before Mr. Justice Park.
2. JOHN CHURCH, THOMAS PRIOR , and CHARLES BUCKLAND , were indicted for burglariously breaking and entering the dwelling-house of William Briant, about the hour of nine in the night of the 29th of October, at St. Mary, Lambeth, with intent to steal, and stealing therein, 2 table-covers, value 15s. 1 telescope, value 15s. 1 breadtray, value 15s.; 2 hearth-rugs, value 3l. 4 decanter-stands, value 10s.; 1 salt holder, value 18d. 3 glass cruets and tops, value 10s. 1 mustard-pot, value 7s.; 2 forks, value 14s. 9 spoons, value 30s. 1 snuffer stand, value 15s.; 1 pair of sugar tongs, value 4s.; 1 caddy ladle, value 5s. 4 decanters, value 30s. 2 candlesicks, value 5s. 2 tea-pots, value 4l. 2 pair of nutcrackers value 4s. 1 table cloth, value 3s.; 1 bed, value 4l. 4s.; 3 blankets, value 15s. 2 sheets, value 10s. 2 counterpanes, value 20s.; 2 clocks, value 10l. 5 ornaments value 2l. 6 quarts of wine value 30s. 8 bottles value 18d.; 2 drawings, framed and glazed, value 20s. 1 ten caddy, value 35s. 1 scent-bottle, value 5s. 1 butter-knife, value 5s. 12 cups value 6s. 12 saucers, value 6s. and 2 basins, value 4s. the goods of the said William Briant.
WILLIAM BRIANT I keep the Horns Tavern at Kennington, in the parish of St. Mary, Lambeth, but the house that was broken open is at Norwood, in the same parish—It is a small cottage—I sometimes reside there with my family, and sleep there. On the 15th of October, I was there last, and saw my property safe—when I am not there, the house is locked up—on the 15th of October I locked the house up myself, and kept the key in my own possession—the windows and every thing were secured—on the 30th of October, in consequence of information, I went to the cottage and found a pane of glass, or part of one, taken out of the parlour window, the shutters unfastened, and the kitchen door open (that is an outer door at the back of the house)—the shutters were merely unscrewed, not broken—I am certain
the kitchen door and the window were secure when I left—I missed a silver teapot, a silver snuffer stand, a chimney ornament and a vast quantity of other articles, worth between forty and fifty pounds—I have seen the whole of them again—the prisoner Church had lived servant to me for a year and a half, at Kennington, and has been at this house many times—I discharged him on the 24th of March last—Church has fastened the cottage up for me, at times, and he has slept there, and been intrusted with the whole of the cottage many times—I saw the things again at Windsor, on the 5th of November—I saw them a the Town Hall, in the care of the constable—all the three prisoners were there at the time—I never saw the other tow prisoners before—I knew my things again.
JOHN LOVEGROVE . I am a constable of windsor. In consequence of information, which I received, I went on Saturday the 31st of October, to a house at Windsor—the prisoner Prior came in with a bag in his hand. at a quarter before three o'clock—Buckland was with a cart at the door, I had seen Prior take the bag from the cart—Buckland was in the cart—there were two baskets standing in the shop—It was a silversmith's and jeweller's shop—I asked Prior if the baskets were his—he said they were—I went to the door and made a motion to my brother constable, Sims, who was with me, to take Buckland, and I took charge of Prior's—I asked him where he got the things—he said he bought them at Uxbridge market—I have some of the property here—Prior's direction was on the cart in chalk, "Thomas Prior, Iver, Buckinghamshire"—I went to Uxbridge to make inquiry, and then I went to a house at Iver, and there saw church—he opened the door to me—I saw a woman there, whom I understood to be Prior's wife—I had seen Church in company with the others, that morning, before this occurred—Iver is seven miles form windsor—I took all the three prisoners into custody—I heard what they stated to the Magistrate—It was taken down in writing.
JOHN SIMS . I am a constable of Windsor. I have heard Lovegrove's statemnet—I took Buckland into custody in the cart, and saw the articles of plate and the baskets and sack—I saw Buckland hand the sack to Prior from the cart—It was at Mr. Jacob's shop—he is a silversmith—I found nothing in the cart—the sack contained two hearth rugs, two table covers, and a telescope—I found on buckland's person some phosphorus matches—I went to Prior's house on the following Tuesday, and found a bed and some chimney ornaments.
WILLIAM BRIANT re-examined. Here is a silver tea-pot which I know, also a silver snuffer stand, and a chimney ornament—I have seen the hearthrugs—I am quite positive they are mine—they were made on purpose for me—the bed found at Prior's is mine—all this property is mine.
JOHN SIMS re-examined I was present at the prisoner's examination, and saw the Magistrate sign this statement—I saw him put his signature to it—the prisoner's were all cautioned about what they should say, by Mr. Wedgwood, the Magistrate, and it was read over to them twice (read).
The prisoner Prior says, "I, Church and Buckland went together—I and Church took the things, out of the gentleman's house—Buckland (my brother-in-law) was in the road with the cart—he did not come into the house—the property was then taken to my house at Iver—we got to Mr. Briant's house at about eight o'clcok in the evening, and got through a window at the back part the house—none of the property was sold any where.
(Signed) "THOMAS PRIOR."
The prisoner Buckland says, "Church came to Prior and told him where he could get some things—Prior told me of it—I went to bed till the day we started—we all three went together with kindlers (small bundles of wood or pimps) in the cart on Thursday—we went through Hounslow, and got to Norwod about eight o'clock at night—Prior and Church went to the house and got the things—I waited about half-way up the hill with the cart—Prior drove us home with the things.
(Signed) "CHARLES BUCKLAND."
The prisoner Church says, "I was with Prior and Buckland when we got the things—we took them from Mr. Briant's house—I and Prior entered the house by the back window, and we took the things—Buckland was waiting in the road—we drove home to Prior's house—we all three went together with the things in Prior's cart to Windsor."
(Signed) "JOHN CHURCH. Taken before me, J. WEDGWOOD.
(The Prisoners made no defence.)
CHURCH— GUILTY— DEATH . Aged 18.
PRIOR— GUILTY— DEATH . Aged 22.
BUCKLAND— GUILTY— DEATH . Aged 31.
Recommended to mercy by the Jury, on account of the house being left in an unprotected state.
First Jury, before Mr. Justice Park.
3. THOMAS FISHER was indicted for stealing on the 19th of November at St. Matthew, Bethnal-green, Middlesex, 1 bag, vlue 1d. 1 half sovereign; 1 shilling and the sum of 3 d. in copper monies; the goods and monies of Walter Thomas Emm, in the dwelling house of John Emm, and afterwards about the of six in the nitht of the same day, burglariously breaking out of the same dwelling house.
WALTER THOMAS EMM . I am the son of John Emm, who lives at No. 14, Minerva-street Hackney-road, in the parish of St. Matthew, Bethnal-green. He rents the whole housee, and is a ladies' shoemaker—the prisoners was apprenticed to my father on the 28th of January last, and was eleven years old last May—he slept in the same room with me and my brother—my brother is a ladies' shoemaker—the prisoner had a separate bed—on the night of Thursday, the 19th of November, I went to bed at half past the pillow—I had a green silk bag in the pocket, containing half-a-sovereign, a shilling, two penny pieces, and three half pence, I awoke inthe morning about twenty minutes to seven o'clock—It was not quite light k—the prisoner was not in bed—I went down stairs to look after, him, and found the street door ajar, and he was gone—he had no business out of the house—I went up stairs to look for my trowsers—I found them in the middle of the floor, and on looking at the pocket, missed my bag and money—my brother was then in bed—I saw the bag last Friday, and half a sovereign and three halfpence in it—I did not find my property myself.
JOHN EMM, SEN . I am master of the house.—The prisoner was my apprentice—I was the last person up in the house; and at half past eleven o'clock I looked at the shutters and doors, and saw it all fast, and went to bed.
JOHN EMM, JEN . I did not sleep with my brother—It was my other brother—after hearing of this I went to look for the prisoner at twenty minutes to seven o'clock—It was not then light—I went and found him by church railing, in the high road—I found on him to half sovereign in a bag, and three halfpence loose in his pocket.
JOHN EMM, JUN , re-examined. I took the prisoner to the station-house—I neither threatened or made him any promise—I asked him what he had doen with the duplicate of the watch—he told me that he had had the duplicate but he had torn it up, and thrown it down by a new beer shop facing the Episcopal Jews' chapel—I afterwards went there, and found the pieces of the duplicate.
HENRY DELLER . I am a policeman. I have a silk bag which was given to me by the last witness—It contained half-a-sovereign, two penny pieces, and three halfpence; and he gave me some pieces of a duplicate
GUILTY — DEATH . Aged 11—Recommended to mercy by the jury and Prosecutor, on account of his youth.
First Jury, before Mr. Justice Park.
4. THOMAS JONES was indicted for burglariously breaking and entering the dwelling house of Samuel rice about the hour or eight in the night of the 6th of November, at St. Dunstan, Stebonheath, otherwise Stepney, with intent to steal.
SAMUEL RICE . I am a police inspector, and live at No.17, York street, in the parish of Stepney, alias Stebonheath, and rent the house. On Friday evening the 6th of November, I went home about half past eight o'clcok—I unlocked the door and let myself in—my wife and family were in the country at the time—I locked the door when I got in, and took the key out, and had scarcely been in doors half a minute before somebody came to the door, and gaven one knock—I did not answer the door—I heard the steps of a person go away dierctly from the door—I had not got out of the passage into the parlour before two persons came to the street door, and one of the two put a key into the lock—I had no light in the house at the time—I had not time to get one—when the key was put into the lock, one of the persons said to the other "Does it fit?" the other said, "Yes it is all right," and at that moment the door unlocked-the key was taken out after the door was unlocked—they pushed the door open two or three did not fasten it—they went away then and I had scarcely time to get from the pasage into the back parlour and change my coat, before two persons entered the front door—I had a fine frock coat on at the time, and I changed it for a strong one, expecting a struggle with them, when they did come in—they both came into passage, and one of the put a key into the door, insdie, and locked themselves in, leaving the key in the lock, so that nobody could come in from the outside—I was standing behind the back parlour door, and the prisoner passed me along the pasage into the Kitchen—the other stoped by the door in the passage—I was went out from the parlour and seized the prisoner in the kitchen he—appeared about to open the back door, and then the other unlocked the front door and made off—I found this key inside the lock—It is not my key, but it will unlock the door better ten my own key—It has ben filed apparently to fit the lock—soon after I seized the prisoner, he begged for mercy—I afterwards delivered him to Charles Barown—he made a little resistance at first—I found
a key on my kitchen mantel piece—It is a common key, and has been field, and some of the wards cut out—I do not know how it got there—I did not know the prisoner before, myself.
CHARLES BROWN . I am a clerk, I know Rice—I am not connected with the police now—I was once—I was going to call on Rice—I arrived at his house about half past eight o'clock—when I got near his house I observed him bringing the prisoner along, as if from his house—Rice gave him into custody while he went into my the house and while I hold him by the door something seemed to fall from him—I do not know what it was—I did not take it up.
Prisoner's Defence. I had been down to Billingagate market on Friday afternoon to see what fish was coming there—I left about five o'clock and came towards shadwell, and into globe lane to go home I turned up the turning to go across the fields and saw prosecutor's door open—thinking it an improper time for it to be open, I pushed the door in and Rice followed me in, and took me.
GUILTY.— DEATH . Aged 20.
LONDON AND MIDDLESEX LARCENIES, &c.
OLD COURT.—Monday November 23rd.
First Jury before Mr. sergeant Arabin.
ELIZABETH FLEMWEELL . I am the wife of William Flemwell, and live in John street, bedford square. The prisoner has done needle work for me for about five months In September last made two shirs for me—I came home sbout half past three o'clock after being absent about an hour and a half, and missed one of the two shirts which I had left on the sideboard.
BRIDGET FLANAGAN . I live with the prosecutor. I recollect the prisoner bringing home two shirts which she had made—there were two more on the sideboard when she came in—she left two with me—I did nto see her near the sideboard she came in she was at the table under the window—I went to the door to take in the milk while she was there, and when mistress came home a shirt was missing.
(Property produced and sworn to.)
GUILTY Aged 20— Confined Seven Days.
OLD COURT.—Tuesday November 24th.
Second jury before Mr. Recorder.
GUILTY . Confined One Year.
JAMES BATES (City policeman No.7.) I was on duty at Guildhall on the 9th of November—previous to eleven o'clock in the eveinig a party came out of Guildhall and wanted a hackney coach—It was my duty to see that they were got up I called for one and the prisoner came he said we have a carriage, our horses are cold, our party won't go till very late, and we will take them, "and he took the party to Thames street—I wanted ano ther coach afterwards and he proposed to take the second party as before—I placed him Guildhall yard, and told him to wait there an I would bring the party with me, and when I got to the coach door, the prisoner was leaning inside the coach—he was not the coachman, but was attending the carriage as belonging to it—the prisoner spoke to me about taking the I thought him the servant—he was lying in the coach—I pulled him out, and said, "Let this party get in"—he took no notice, and I pulled him out by force, and by the gas-light saw something glitter in his hand I said, "What have you got there?"—he said he had nothing—I said I was sure he had and put him against the wall—I called another officer—he clenched his hand very tight—we forced it open, and found a bracelet in it—I said."You took a party away a short time ago this must belong to them "—I took him over to the justice room—the superintendent asked him whose carriage it washe said he did not know, and would give no account of himselfhe said he had not been in place for five years, but on going to the compter, he said the carriage belonged to a person in Keppel mews, North—I went there and ascertained that the carriage belonged to Mr. Sergeant Adama—It was a job carriage engaged for the night.
Cross-examined by MR. CLARKSON. Q. I suppose there was a great deal of confusion at the time? A. Not at that time—the prisoner was not quite sober.
SAMUEL PATRICK (policeman constble No. 66.) I was in company with bates and heard him ask the prisoner what he had got in his hand—he replied "What is that to you"?—Bates said he had senn him about some time, and was fearful it was not all right, and was determined to see what was in his hand—the prisoner resisted, and said he should not—I held him against the wall—we took his fingers one by one, and forced them open, and found the barcelet—we took him to the justice room, and afterwards locked him up—the bracelet was found in his hand.
MR. SERGEANT JOHN ADAMS . I have heard the evidence of the officer I had engaged a carriaage from keppel-mews that day to go to guildhall, and the prisoner accompanied it-another drove, and the prisoner assisted as footman-being in distress for a servant, as my footman had gone to see the show, the prisoner offered his services, and having a livery coat, I engaged him to act as footman—I was attended by my lady to guildhall—at the time I left my own house, she observed that she had dropped her bracelet—I think the prisoner must have heard it—he was near enough—I said, "It must be between here and the huse"—Mrs. Adams said, "I have no doubt left it in the room, we are rather late. and we will drive on" I was sent for to the justice-room, at Guildhall, and it was produced to me (looking at it)—I know this to be hers—I did not return in the same carriage, for while it was gone to fish street hill, Mr. Ward took compassion on us, and drove us home.
Cross exmained. Q. This man must have known he had done wrong in driving with stray passengers instead of waiting for you l? A. I shoul think so—I think he heard Mrs. Adams say the bracelet was miniing—I rather think his eye must have been caught by it at that late hour, seeing
it lying in the coach—It must have been dropped by my lady, in the carriage, on her getting in.
Q. Then during the whole time you were driven there, and he driving other people elsewhere, the bracelet must have been there? A. Certainly no—he could have searched, if he pleased, the moment we got out—Mrs. Adams must have dropped it the moments she got into the carriage—I have inquired into the prisoner's character, and understand he had lived with a respectable person many years—the person I had my coach of, occasionally employed him—My ideas is, that having taken one or two people home, he might know that I had gone home in another carriage and he might have taken the bracelet, intending to give it to me next day, not wishing the officers to know it—I found he knew I had gone home—If he had given it up to the officer, he would have been detained.
COURT to JAMES BATES. Q. When you saw it in his hand, was it at the time you were desirous that another party should go into the carriage? A. They were just getting in—I thought the first party he had taken had dropped it.
Prisoner. The lady left a cloak in the carriage likewise.
MR. SERGEANT ADAMS. There was a cloak left in the carriage which was never taken.
NOT GUILTY .
MR. DOANE conducated the Prosecution.
JACOB BURN . I am a tailor, and live a Bull's Head-court. In July last, I had a quantity of wearing apparel—I went to the Exchange to find a purchaser for them, and saw the defendant Simpson, in the former part of July—I spoke first to him, seeing him speaking with a ship's captain.
MR. PHILLIPS. Q. Was not the agreement for these clothes and wine reduced to writng, and executed? A. After the whole transaction they wrote out that thing, and I objected to sign it—I recieved 1l. 10s.
MR. DOANE. Q. Before you signed any thing, had they obtained the goods from you? A. Yes; three or four hours-when I saw Simpson, he was speaking to the prisoner Hughes, who was recommended as a ship's captain, by Simpson.
COURT. Q. Was Hughes present when Simpson described him as a ship's captain? A. Yes; Simpson introduced him to me—Hughes said that this Mr. Simpson had a quantity of wine, and he would either purchase my clothes with money, or with wine—peel was not present on this occasion—I showed Hughes the clothes a few days afterwards—Simpson never saw them—Hughes called once to see them—I showed them to him—mention was made of the value, by Hughes—he said Simpson had some very good wine, and if I liked to take 130l. in money, that was at my service—I did not agree to that—I saw Peel and Hughes a few days after, on the Exchange, together—they wished to purchased the clothes, if I would go down the Minories, and speak to a person there—a tailor and Peel and Hughes came to my house and examined the clothes—they looked over part of them, which were made—I mentioned that I had been offered eighty guineas for the part that was made—I did not show them the unmade things at that time—when I said I had been offered eighty guineas, the tailor said he thought that was considerably too much—I said, "Well
then, I will say nothing more about it, because I have refused eighty guineas"—I saw Hughes on the Exchange, a few days after, and he said he had a particular wish to have the clothes, if I would take four pipes of wine and a butt, which he stated to be worth 270l.—Bowditch was with me, and he, Hughes, and Peel, went down to taste the wine—Bowditch's opinion was, that it was preety good wine—I said I must decline it, for I did not understand any thing about the nature of wine—I forget what name by they called it—I declined the wine—a few days after, I Peel, Hughes, and Bowditch, had been to 'Change together, and they had a wish for me to take the wine, as they had a ship ready to go to Van Diemen's land, and it was the only opportunity I had of disposing of the clothes, as the season was going over—I said I knew nothing about the wine, and if I should be disposed to take it, I would not take one step in it, and have nothing to do with it unless the duty was paid—they then said they would pay the duty and discharge every thing—both of them said the duty and every thing should be discharged, and I should only have to remove them from the Custom House Quay—Simpson was not then present—after the wine was stated by Bowditch, he said it was very good—as I came from tasting the wine with them I had a conversation with Peel, Hughes, and Bowditch, in the minories; and it was agreed, if I would give them 5l. they would strike the bargain immediately—the value of the clothes had been mentioned—I wanted nearly 300l.—Hughes had been three different times and examined them; and he counted them at little more than half the price, 170l.; and he has got it in his boom—Hughes had out all the goods that were cut, which was three times more than the clothes that were made—there was silks and velvets—a valuation was made, but they were taken away; and some of the velvets cost three guineas a yard—they were gold and Genoa velvets—Hughes said he would take the clothes for 270l.—Peel was present at the time, I believe; and he had been three or four times about them—the 270l. was to be paid by the wine—Hughes had said, a few days after, that they had sold the first wine, and had how got some excellent wine—I was to take the wine for which he counted to be worth 270., and that was the value he had pat on my goods-there were four pipes and a butt, he stated to me to be worth seel., if bottled-if I sold it by the bottle—I agreed to take the wine for the clothes—I went to taste the second wine—Bowditch, Peel, and Hughes were present—Bowditch is a friend of mine, and went to taste it on my behalf—they stated that the duties should all the paid on the second wine—I refused to take it, but three or four days after they wished me to take this wine, and I said the duty must be paid—I would not take it without that—nothing was said about the duty till the last trasaction—I ultimately agreed on this assurances to let Hughes have the goods—I wish to say that Hughes, mentioned if I would give them 5l. the agreements should be struck, the duty and all things paid on the wine—I said, "We will reverse the matter; if you will give me 5l. the agreements shall be struck"—they would not agree to that—they agreed to give me 2l. 10s.—I received 1. 10s. out of it—no paper was written at that time-after my receiving this money, Hughes and Peel came and counted every article over to see that it was correct—they counted a great quantity more than I gave an invoice for, which I have witnesses to prove—they wanted more, which I suppose they were going to take to prevent my saying about the duty being paid—when they counted them all over the night before,
I was to take a coach and send them down next morning—I cannot tell what motive they had for miscounting them, unless—It was a deter me from proceeding against them, when I found the duty was not paid—I took it in that way.
JURY. Q. You mean to say they returned to you, stating so many were missing? A. No, it was mentioned at the very time—they mentioned that I had not delivered to them as many goods as they had bought.
COURT. Q. Did they complain you had not delivered so many goods as they had bargained for? A. Yes; I am positive I delivered all the goods Hughes had seen, and he said was worth 270, hughes took them away next morning, and would not count them over, though I wished him—there was a whole coach load—he took them away without allowing all in confusion—I accompanied Hughes in the coach—I wished to have need of Bowditch being there, as he had tasted the wine—I had not got the warrants for the wine at that time—Hughes said I was to go down at twelve o'clock, (it was then a quarter to eleven o'clock,) to meet Peel with the warrants—they were to pay the duty—the coach stopped in the Minories—we waited some time at that place, and about three quarters of an hour after, I received a note that they were not to be left there, but to go to Mr. Harris, in Rosemary-lane—I was astonished, thinking I was to take them on a board a ship—we took them down there, and they scrambled them out of the coach, and took them in somewhere in Rosemary-lane, and there I lost sight of the goods—I had to wait nearly three hours at a public house, nearly adjoining—Peel came to the public-house—hughes was present—Simpson was not there (I saw simpson about the wine, after Hughes introduced him to me—I did not know but this was his wine)—Peel came to the public-house, and the duty and every thing discharged—the duty was positively to be paid—I had nothing to do but remove them from the Quay—they undertook that the duty should be paid, and no charge should be made on me—they said Peel was going to pay the duty that day—they represented that the duty was paid—he did not state any given time—they first represented to me, at the public-house, that the duty was paid—when the agreement was made about the 2l. 10s., it was said by Peel and Hughes, that I was to have it free from duty—the duty positively paid—on receiving the warrants, it was said the duty was paid, but it was agreed before that it should be paid—It was said at the public-house, after I delivered the goods, that the duty was paid—I did not go to the Custom House to receive the wine after I obtained the warrants—I have never received the wine—It lays as it did then—next morning I showed the wins warrants to Simpson, on 'Change—he said, "Well, you have done very well; here the duty is paid, and every thing settled up to the 12th of August; "and I was told the wine was all safe, and I did not understand any thing about it.
Q. Was any sum mentioned by Hughes, which the duty amounted to? A. No.
Cross-examined by MR. PHILLIPS. Q. Where do you live? A. At No. 2, Bull's Head-court, Great-Queen-street, Lincoln's-inn-fields—I do not keep the house—I have a room there—I have a daughter with me sometimes—she is thirty years of age—there are two beds in my rooms—I was before the Lord Mayor—I have lived in the room about four years—I pay 2s. 6d. a week—I do not owe my landlord any thing—he owes me money—there
may be 20l. owing him for rent—he has distrained upon me for rent once—there was an agreemnt, which his own servant was a witness to, about some pictures which he bought of me—I was absent five months—much longer then I expected—my landlord heard I was dead and buried, and there are five pictures I can get no account of—he is 30l. in my debt—one of the pictures came to 50l., and I refused to take 200l. for the four.
Q. Was not the charge of obtaining these goods dismissed by the Lord Mayor? A. It was, I must confess, as Peel said they offered me the clothes again—the charge was not dismissed altogether—I did not at the moment answer the Lord Mayor, as there was a confusion about the clothes being sold, but next moment I said, "By all means, my Lord, I wish the clothes again, but I cannot get them"—I afterwards went to Mr. Mosden's house, who bought the clothes—he had got part of them—I might say that I came to have the clothes back—I cannot say positively whether I asked him if he had them, but I came to have them, if he would let me—Mr. Mosden did not wihs to let me have them again—he did not offer them to me for the 30l—he had mentioned about eighty guineas for little more than a quarter of them, when he saw them at my house before—Mosden came to me when I had them in my possession, to say what would be the lowest I would take for what was made—I mentioned one hundred guineas—that was not more than a quarter—there were goods all cut out, ready to be made, but those which were spoken of were made.
Q. Have you not over and over again been offered the clothes for 30l. provided you would give up the wine warrants? A. No; I was offered the clothes if I delivered up the wine warrants—there was 190l. offered for them by another party in money—I mentioned to the Lord Mayor, that by all means I wished to have them back—but that only represented the clothes which were made—there were three times over the value; Genoa velvets, and things; and my Lord said then, "If you choose, you may go and file a bill before the Grand Jury"—I have known Dowditch, it may be about three months, or four months—I was at the public-house in the City with Bowditch the day I went before the Lord Mayor.
Q. Did he complain that you had promised to give him a coat to appear decent in? A. That coat had been mentioned months before, provided he got me a ship's captain to take the goods-the coat had been mentioned two or three times—I had been the night berore to him, and saw his wife, and they would not suffere him to come before the Lord Mayour with out a coat, as he had a shabby one; but I said I would not give it on any account, till this business was settled—he came at last in a dirty coat—I did not dress him, that I will swear—It was an old coat—this name, 'jacob Burn," is my hand writing; but this was written after all the business—It is a thing I was quite unacquainted with—I objected to it, and told them it was erroneous, and they had in thing they had no right to put in, but they persuaded me to it, and were getting me into a coach to go to Highgate—there are five jackets put into that paper, cut out and unmade; and six pairs of trowsers more than they had from me; and six pairs of breeches, five waistcoats, and two cloaks, making it about 20l. more than it was—there was no occasion for that papers—I have not looked at it—I have no recollection of its being read over to me before I signed
it—I paid no attenton to it—I said, "This is incorrect, it is no use signing this foolish stupid thing"—they said, "If you sign that, it will put an end to every dispute"—It might or might not be read over to me before I signed it—I was so confused they wanted me off to Highgate—I have got a copy of it—I know nothing about the wine being in bond—I know there were more trowsers, waistcoats, and breeches stated in the paper than they had.
JURY. Q. Who read the papers to you? A. I do not recollect—I cannot say positively whether I did hear it read—I paid little attention to it—I went to Abraham Harris's, and saw the clothes there—I went there to receive the 1l.—I saw part of the clothes there—Hughes and the others of the coach—I do not know whether Harris offered to give them up at the office if I gave up the warrants for the wine.
MR. DOANE. Q. When you signed the paper produced, did you believe that the duties had been paid? A. Positively so.
DAVID BOWDITCH . I live in Victory-row, stepney. I was in company with Mr. Burn on 'Change—Peel and Hughes were present—I was there twice—the first time was on the Royal Exchange, and the second time I went down to the dock or quay to taste the wine—that was the same day—I cannot say whether peel or Hughes spoke first on the Royal Exchange—they talked about purchasing the wine first, they could not agree on the purchase, and then said they would deliver the wine, duties free—that they would let him have the wine free, but what look place afterwards at the third meeting I know nothing about, for I was not present.
COURT. Q. Did you taste wine once or twice? A. Twice; the second wine I tasted was Spanish, the last was to be delivered duty free—I know wine cannot pass out of the docks without the duty being paid—this was in the bonded warehouse at the time I tasted it—I understood it to be bonded wine—I heard them say that it should be duty free.
Cross-examined by MR. PHILLIPS. Q. When did you get the coat on your back? A. I have worn it three years—I have known Mr. Burn ever since last April or May—he had promised me a great many things and never performed them—he has promised me a coat, which he never gave me—I am a collector of debts in the neighbourhood, and have a little income of my own—I was never at the Mansion-house charged with sending begging letters—I never sent one—I was never charged with it—my wife took a parcel into the city which she was sent with, and I went to see about her—I was not charged with it.
JAMES CHAMBERLAIN . I live in Bethnal-green. Some time after this occurred I met Hughes, and in the course of conversation he said he had given four pipes of wine—I asked what it was worth—he said, "4l. a pipe," and he said he had shaved old Burn.
Cross-examined. Q. What are you? A. An agent—I do business for any body who will employ me.
DAVID BOWDITCH re-examined. I never offered eighty guineas for the clothes, nor any part for them—not for myself—a person said he would give eighty guineas for them, and I bore that message to the prosecutor.
JACOB BURN re-examined. Q. Who wrote the paper which you kept in your possession? the agreement, whose writing is it? A. I think Peel wrote one, and Hughes the other—I wrote neither of them—I do not recollect that they were read over—I discovered that the wines were in bond two or three days afterwards and I went before the Lord Mayor
the next morning—I showed Simpson the warrants, and he told me the duty was paid—and the day after that Mr. Stamp received the warrants from me, and said the duty was not paid—I was advised to take the case to a solicitor, and went to him with in a week.
EDWARD CHAMBERS re-examined. The wine duty is 4s.6d. a gallon—It is Spanish wine—all wines from Spain pay the same duty—three hundred and eighty-eight gallons is the quantity stated—they duty is only due on that quantity—It might be about 120l. on the whole.
Mr. Phillips addressed the Jury, and called
ABRAHAM HARRIS . I live at Sparrow-corner, in the Minories—I am a wholesale dealer in clothes—I have carried on the business about twenty years. On the 5th of August, Brown came to my place with a coach and some clothes—Hughes was with him—I examined the clothes when they were taken out of the coach, and they were taken into my back warehouse by one of my shopmen—I believe Hughes assisted—Burn saw them taken out—I think Peel came before all the clothes were taken out of the coach—I examined part of the clothes in Peel's presence—they went away, and came back again—I had, in the mean time, examined all the clothes that were brought—they came back about half an hour after, or something better, and there was a dispute about the coach-hire—there was eight shillings to pay for coach-hire—Peel and Brown both objected to pay it—I said they had better each pay half—Burn would not pay any thing, and after I looked over the goods, I said they were a set of rubbish, and I would not have any thing to do with them—I asked Peel what they stood him in—that was in Burn's hearing—he made a calcultion, and said the warrantshad cost him about 7l. each, and there was about 11l. dock-dues to pay, and which have been paid—they had been together to pay them—I told peel I thought them not worth the money he gave for them, and I said, as there was a dispute about the coach-hire, Burn had better return the money and give the warrants back—Burn then backed out of the warehouse, and ran away—I did not see him run, but my shopman came in and said he was running up the Minories.
Q. As a judge of such things, tell the Jury, on your oath, what you think would be their fair and reasonable value? A. I would not have had them at any price—they were made of different colours and pieces, and the waistcoats were made out of old-fashioned silk velvet petticoats—I saw three yards of velvet—the things were made in the sort of way that they would not fit a boy nor a man, they were so narrow—I would not buy them when offered—I remember their being offered to Hart—they were shown by me to Hart—the whole of them—I believe Hughes brought him—no price was asked him for them—they talked about 50l. or 60l.—when Hart heard that, he went away, and would say nothing to them—Peel had asked if they were worth 50l.—a person named Jacob Coben—I also showed them to Mosden—he bought them, and gave 30l. for them—a man must be mad to suppose they were worth 270l.
MR. DOANE. Q. How came they at your place? A. Peel came to me that morning, and asked if I would purchase a lot of clothes—I said I should have no objection if he brought them down, and he brought them—the things were taken through the shop for me to look at, because they would make a mess—they were all put together in the back warehouse—I was in the warehouse when the parties came back—I was looking the things over.
COURT. Q. Was there an inventory of them? A. Yes; and Burn was by when it was read over, and two or three articles were waiting, and Burn said they were not in the bargain, that he had pawned them before they saw them—Burn was in the Warehouse when he was offered to take the things back—they all laid together—the coats were separated from the trowsers and waistcoats, in another parcel.
BENJAMIN MOSDEN . I am a wholesale clothes-dealers. I remember a parcel of clothes being shown to me by Harris, in his warehouse—I did not buy them of Harris—I bought them of Peel, for 30l—the prosecutor called on me, the morning, or the morning after he was at the Mansions House, and asked if I had still got the clothes by me—I told him I had, and I farther told him they were at his service, and I would keep them for a week for him; and as a proof they were not as he had represented to the world, I would take a profit of two-and-a-half per cent on them, and I would keep them a week for him, to clear them—he said they had been thrown and messed about, and he would not give me an answer—he said I should see him again—I never saw him afterwards—I had not ill-used the clothes at all—I should not destroy my own property—I have some of them now—I should describe them as a parcel of what is termed by tailours, "cabbage-pieces"—taken at different times, and made of different colours—made out of pieces which had been accumulating.
JURY. Q. Were they old clothes patched up? A. No—pieces of old garments made up, some old and some new, but in a soiled and dirty state—some of them, perhaps, twenty or thirty years in existence—I should call them, dead stock or old shopkeepers—there were some pieces of velvet as large as would cover my hand—I have the whole of them at home—there might have been one or two velvet waistcoats, made out of small pieces to fit a boy—I would have taken much taken much less than 33l. for the lot.
COURT. Q. What quantity have you sold of them? A. About one-third—I cannot say the number—there was under ten coats; a very small number of jackets—there might be a half a dozen or more, and twenty or thirty pairs of trowsers, very likely, but I did not enumerate the articles—I had no inventory—the lot was thrown indiscriminately on Harris's counter—I said, "Excuse me, it is rather unfair to come and buy things out of hand"—he said, "They are at your service; I shall not buy them; they will not suit me at all"—there was no dispute about the property—there might be a dozen and a half pairs of breeches or there might be more—I bought them in the lump, in the way old clothes are generally bought; the person buying them, reckons on till they finish, and see what they give for them, with out reckoning how many of each—I reckoned the coats at so much, and so on—I made a little memorandum for my own calculation,—there were a good many waistcoats, small and large—some worth sixpence, some ninepence, and some two shillings and sixpence—I cannot take on myself to say the quantity—I was guided by the actual value—probably there might be four or five dozen waistcoasts—there was a great number of boots, and cord of different lengths.
COURT. Q. Did you make any list of them? A. I did not—I cast them up—I do not recollect how many articles there were—I reckoned the value of each article—I looked at them separately, and calculated in that way how much they amounted to—I cannot form a judgement whether there were a dozen waistcoat, or coats, or trowsers—I took them, coats, waistcoats, or trowsers, as they came into my hand, and calculated what they amounted to—It is the ususal way of making a purchase.
RICHARD HACKETT . I am a shop-seller. In August I remember going with Peel and Hughes to Burns, in Bull Head-court—I saw the prosecutor—he pointed out some clothes to Hughes—I went to see them—I partly examined them—the goods were in so bad a state, bad cut goods, I would not purchase them—I partly looked through them, and declined buying them—I should say they were worth from 28l. to 30l.—there were a great many—they were in the attic, a small room—a portion of them were not made up; some were cut out, and some not—I did not examine the whole—from what I know of the trade, I could tell nearly the value—there was a small a portion of the eat goods, I included them in my estimate—I cannot tell what day it was.
MR. DOANE. Q. Did you accompany the defendants when they struck the bargain about the clothes? A. No—I said they would not suit me—I went to purchase myself—the defedants were present—peel called on me the day before; I think it was—I will swear it was in August, but I cannot swear to the date—business matters call the months to my recollection—It was in Augutst, to the best of my knowledge.
JOSEPH GREGORY . I am in partnership with Mr. Goodman, a clothes-dealer. I went to the prosecutors to examine some clothes, about July or Augutst—I looked them over in his room—Hughes called on me to go, and Burn himself—after looking over them, I found they would not suit me at any price—I could not put any value on them—I consider them of little or no value.
COURT. Q. Can you speak to the quantity? A. No; I consider the quality very inferior—there were coasts of three of four colours, and trowsers the same, and very much motheaten.
JOHN SILVERLOCK . I am principal clerk in the bonidng warehouse at the Custom House. On the 5th of August, the wines mentioned in these warrants were in hond at the Custom House—the dock charges were paid on the 5th of August—they were 12l. 4s. 6d.—I think Peel paid them, to the best of my recollection.
COURT. Q. Is it necessary to pay the dock charges before a transfer is made? A. Yes; the warrants is the transfer of the property—whoever holds the warrants, on payments of the duty would be entiltled to the wine—the authority to transfer them is a wtitten them is a written order from a person of the name of Shaw, in whose name they previously stood.
(The agreement signed by the prosecutor for the sake of the goods, stated that they were to be taken without references do damanges with all faults, and described the wine as in bond)
HUGHES— GUILTY . Aged 48.
PEEL— GUILTY . Aged 42.
Confined Three Months
SIMPSON— NOT GUILTY .
Third Jury, before Mr. Recorder.
9. THOMAS MILES BENTLEY was indicted for stealing, on the 20th of October 57 yards of drill, value 10l.; 1 handkerchiefs, value 2l.; 36 shawls, value 1l. 16s.; 1 sheet, value 3s.; 16 handkerchiefs, value 16s.; 48 pairs of stockings, value 22s.; 11 pair of gloves, value 5s.; 8 yards of silk, value 1l.; and 16 yards of printed cotton, value 1l.; the goods of George William Lee and another.
GEORGE WILLIAM LEE . I live at No. 13, Bread-street, Cheapside and am a commission merchants. I have a partner—the prisoner had been my clerk for about ten months—we missed a quantity of articles—I have seen some of them since.
EDWARD CALVER . I am assistant to Mr. Chalffers, pawn brokers, Watling street, I produce three pieces of cloth—one pieces pawned on the 4th of June and two pieces on the 9th in the name of Kenyou—and on the 10th of October, four pieces of handkerchiefs—I took the articles in, but have no recollection of the person.
CHARLES BATH . I am a pawnbroker, and live in Goswell-street. I produce two pieces of handkerchiefs pawned on the 11th of september, by the prisoner, in the name of Jsohua Prosser, No.21, East-row, City road.
Cross-examined by MR. DOANE. Q. Was it last September? A. Yes; I took them in—I think it was in the forenoon—I am quite sure he is the man.
STEPHEN WHITTAKER . I am a pawnbroker, and live in Long-Inne. I produce three dozen of hose, and eleven pairs of gloves, pawned by the prisoner, on the 17th of October, in the name of James Wilson, 201, Goswell-street—I am postitive of his person.
GEORGE WILLIAM LEE . I know only one parcel, to be certain of them—they are the thirty-six handkerchiefs produced by Bromley, which are worth somethings under 2l.—I had such articles as the rest, and lost them—the prisoner had access to them.
Cross-examined. Q. have you no mark to sweat to the handkerchiefs? A. No.; I identify them, as they are just the quantity sent to us as samples from a warehouse in town—they were put in a particulars place, and are the only ones we had of that description in the house—we have no private mark on them—the patterns are particulars—It is impossible for me to say when I had seen them—the patterns are particulats—It is impossible for me to say was in our employ, that may be nine months ago—I am prepared to say I have seen them within the last ten months, and have a strong impression of having seen them within the last five or six months—we have six persons engaged in the business—a person could not have them by paying for them, as they come to us from manufacturers and persons employed in the sale of goods for a foreign market—they are samples—we do not sell them until they become ours by our purchasing them—they are left on approhation, and should be returned to the parties from whom they come every month, excepts we purchase them—It is impossible for me to say
when they were missed—they have been removed from our premises without our knowledge.
COURT. Q. Do you put a private mark on the articles? A. We do no—these handkerchiefs differe in pattern—we had precisely that quantity of patterns sent us.
MR. DOANE. Q. You receive the samples from manufacturers? A. From warehouse in town—the manufacturer may send samples to other warehouse.
JURY. Q. Do these handkerchiefs constitute the whole of the stock you had of that description in the warehouse? A. They do—there are thirty-six handkerchiefs in six parcels, six handkerchiefs in each parcel, and that is precisely the quantity sent to us—It is the only lot of that description which we had—I have not a doubt of the pattern—I have seen handkerchiefs like them in the market—I think it quite probable other houses have the same number of patterns sent—to the best of my knowledge these have been in our possession.
JAMES BROMLEY re-examined. The goods are in the paper they were in when he brought them—while he was pawing them, a letter dropped out of the parcel with the name of "Sturges" on it—I gave it him back again—he was taking out a pair of trowsers, apwned in the name of Brown, and I said, "You are not taking these out in the name you have brought these—I suppose these are in the name of Sturgess?" he said, "Yes"—the letter appeared to be an invoice, from its size.
GEORGE WILLIAM LEE re-examined. Mr. william Sturgess is the party these goods came from—they were placed in a room which he has to himself—the note was addressed to Mr. Sturgess—It was from that circumstances we got any clue.
Cross-examined. Q. Will you undertake to swear Sturgess did not authorize him to pawn the things? A. I cannot—we do not file invoices directly they come—we have a number of rooms in our house, occupied by different correspondents of ours, who make purchases through os—occasionally the manucacturers address the samples to the parties in out house, which was the case in this instances—the invoices would be mad out to us, but addressed to that particular partyu—they are gentlemen who do business with our house, and employ us as their agents—we, in town, are the only parties known; and the purchasers pay us a commission on the purchases made, they being all made in our name, whether we are with with them when the pruchases are made or not—we are debited for the goods, and make out an invoice to them—we receive the invoice from the manufacturer.
COURT. Q. Then you might be charged to any amount without seeing the goods? A. We have confidence in our customers—Mr. Sturgess called my attention to these samples—they were deposited in his counting-house—the parcel was opened when it came in, and I suppose the party opening it put the invoice in again—I believe the whole of goods to be ours, and they are noor one-etenth of what we have lost—we are responsible for the payment.
NOT GUILTY .
NEW COURT.—Tuesday, November 24, 1835.
Fifth Jury, before Mr. Common Sergeant.
JAMES EDWARD BRAND . I am a publican. On the 6th of November, the prisoner came to my house and offered some broken glasses for sate—I asked how he could ask me such a question—he had half a pint of beer—he went behind the door of the tap-room and having lost a great many knives, I went round to a little window that looked into the tap-room, and saw bim put white-handled knife into his right-hand breches pocket—I called my young man, and sent him for a policeman—while I was gone to call my wife, who up stairs, the prisoner got to the door—I ran after him, brought him back, and accused him of stealing the kaife—I saw he had got none—I told him I was certain he had one—he then said, "Well, I will give you them, "and he gave me three table and two forks—these are them—they are mine.
Prisoner's Defence. I was the worse for liquor—I beg the mercy of the Court, for the sake of my wife and Family Witness He was sober—he had had a glass or two.
GUILTY . Aged 45—Recommended to mercy by the prosecutor.
Confined One Months.
THOMAS BLISS . I live in Church-street, Bethnal-green. On the 9th of November, I was standing at the cornoer of King-street, Cheapside, with my daughter—I then walked towards the Mansion house—a boy ran across from some persons—he ran against my daughter, and I felt my handkerchief taken—I seized the prisoner, who was one of them, and said, "You rascel, you have got the prisoner, who was one of them, and I have not"—I siad, "Yes, you have: pull that hand out" out, and this handkerchief was in it—he was with five others, and they ran against my daughter, and almost broken her side in—I have inquired into his charcter, and think he has been the dupe of five or six other.
(Francis Sear, shoemaker, of No. 16, Brackely-street, Goldern-lane; and—Davies, under, of New North-road; gave the prisoner a good character)
GUILTY . Aged 29—Recpmmanded to mercy by the Jury and Prosecstor Confined Six Months.
JOSPEH BAYLIS . I live in High-steet, South wark. On the 18th of November, I was in Aldgate, and near the end of the Minories, I felt a twitch at my pocket—I immediately turned, and saw the prisoner close behimed me—I caught him immediately, and said, "You have my handkerchief, you thief"—I pressed him against a door saw him put his
hand behind him, and throw the handkerchief down in the cormer—he said that a boy, who gone before, had done it—there was a boy in his company, who passed me—I caught him at the same time, but finding this prisoner had the handkerchief, I let the other boy go—an officer came up, and I gave him the prisoner and the handkerchief—It has my intials on it.
Prisoner. The handkerchief was lying on the ground—It was not on me. Witness I saw him throw it down, and took it up myself.
JOHN BRYANT . I was passing on the 18th of November—I saw the prisoner and Mr. Bryant in the lobby of a shop—I saw Mr. Bryant try to put his hand into the prisoner's pocket to search him—he turned from him—he put his other hand, and the turned again, and dropped this handkerchief.
Prisoner's Defence. I am a shoemaker. I know nothing of the handkerchief.
GUILTY .* Aged 29— Transported for Seven Years.
WILLIAM HAWKINS . I live in Union-huilidings Union-street, Hackney. About one o'clock on the 10th of November, I was in Fenuchuarch-street—I saw the prisoner in company with another walking behined a gentleman—I saw the other hold the tail of the gentlemans. coat up, take a handkerchief chief out, and give it to the prisoner—I am quite sure he is the man who recived it—I acquainted the gentleman's coat up, take a handkerchief—for me at the end of a court, which they ran up—I ran after the prisoner up Saint Mary-aze—I did not see a policeman, and I took him to the Ward-house—I saw him put the see a policeman, and I took him to the watch-beadle, and he found it there—I went back, and the gentlemen was gone—this is the hadnkerchief—I saw him take it from the man, who took it from a gentleman's pocket.
GUILTY . Aged 18— Transported for Seven Years.
JAMES CUTHBERT . I am a constable of Bread-street, Ward. On Saturday afternoon, the 7th of November, at half-past four o'clock, I was in Skinner-street, Snow-hill, and saw the prisoner and another not in custody, following two gentleman—I had not seen the prisoner before, but I know he is the person—I saw the prisoner of his companion draw from the gentleman's pocket a handkerchief—the prisoner ran away—I followed him up Angle-court—I was a long time scuffling with him, and was bliged to throw him down on the ground—he fought desperately—I was oblight to had the down on the ground—he fought desperatley—I was certain he had the handkerchief—while he was down, Gurner came up, and picked up this handkerchief in my presence from the ground, close to where the prsioner was—no other person had been there—It was a red-coloured handkerchief which was taken from the gentleman, and I have every reason to believe this is the one—I had seen the handkerchief with the prisoner to believe turned from the gentleman—he put it somewhere about him—he was searched—no other handkerchief was dfound on him, but two duplictes
of two silk handkerchief, one pawned on the 5th, and one on the 6th—It was about half-past four o'clok—they were so close, could not see whcih too it.
Prionser The handkerchief belongs to me—I owned it at the watch-house—I bought it of a dealer of clothes in Petticoat-lane
WILLIAM GURNER . I live in Robert-place, Isligton. I was passing along, and saw the prisoner running with great and this person in pursuit of him—I was the prisoner fling the handkerchief down—I took it up, and gave it to the officer—there was no one passing at the time.
Prisoner Q. Did you not see my hat on the ground? A. No; you cost was nearly torn off your back by struggling with this officer.
Prisoner. There was no one is company with me—I was coming from the West India Docks—I had worked on the run quay all the summer—this handkerchief fell out of my hat, and another boy picked it up.
----THOMAS. I am the prisoner's father. I have nine childern, this is the best of them—the handkerchief is his own—I know it by the colour—I know what comes out of my house—I saw it before he went out—I can certainly swear to it—there is no name to it—I have seen his mother wear it round her neck—I wodk at an oil mil over the water, and have been there theiry years—I worked at Mr. Champion's for twelve years.
(James Adams, of George-street, Somer's-town, a brush-maker, and David Jones, of Chapman-street, gave the prisoner a good character.)
GUILTY . Aged 17— Confined One years.
JOHN BARNET . I live in Fenchurch-street. On the 6th of November, at half-past o'clock, I was in Eastcheap, and missed my handkerchief—I received information from John Dun, turned round, and saw the handkerchief about a yard from me—Dunna turned round, and saw the I saw the prisoner—he was very the handkerchif, and was in copany with a boy older than himself—nither of them ran away at first, but as soon as Dunn told me somthing I saw the prisoner and the boy walking away from where I stood, towards Idole-lane—a person told me that that was the lad who picked my pocket—I went after them, and took the prisoner into custody—he said he did not take the handkerchief, he was not the boy—he about three yards from me ehen I found it—there were two gentleman between me and him, wh went with me to the watch-house.
JOHN DUNCAN . I live with my father in Rood-lane. I was going along Tower-street, and saw the prsioner lift up the tail of the gentleman's coat, take the handkerchief out, and throw it behind him—he walked away with his hand in his pocket—the other boy was going to pick it up—I went and told the getleman, and he took handkerchief.
Prisoner. He did not see me take it out of his pocket—I was going along the street. Witness I am certain I saw him take it.
Prioner's Defence There was another boy before me—I did not see the handkerchief—the boy thre it down, and then this little boy told the gentleman that I took it.
GUILTY —Aged 11. Transported for Seven Years.
RICHARD BOLTON . I live in Beckford-row, Walworth. I was in Bridge-street, Blackfrars, on the 9th of November, a few minutes a after three o'clock—the officer came and told me something—I searched my pocket, and my handkerchief was gone—I had one like this in my pocket, and missed it—It had sent upon, it and it has so now—the officer brought the handkerchief to me.
Cross-examined. MR. PHILLIPS Q. You have no particular mark on the handkerchief? A. No.
PETER KENDALL (police-sergeant P 1.) I was in Bridge-stret about three o'clock and saw the ptisoner together—I saw Davenport put his hand into the prosecutor's pocket, and take the handkerchief out—he directly passed it into the hand of Vollam, who was alongside of him—I took it out of his hand immedialty—I had watched them for half an hour they had attempted several gentleman's pockets before.
Cross-examined. Q. Why did you seize them instanly? do not you know it is an indictabe offence? A. Yes; I did not know they were thieves at the time—they did not offer to go; if they bad, I should have taken them—there was another with them—I did not take this handkerchief frm Vollam's neck—I took his neck—the Magisrate did not order us to take it off—I told him I had taken it off, and he me to keep it.
Davenport I was going over Blackfriars'-bridge—I had just come to look for my father—I came through the crowd, and this said I picked the gentleman's pocket—I said I had not—I am sure I never saw the handkerchief.
MR. PHILLIPS. to R. BOLTON. Q. Was there not a crowed there? A. No; it was just the beginning of the crowed I got to it.
Vollam That is not the handkerchief he took off my neck.
Cross-examined. Q. Why did you swear that the red one was the one you took off his neck? A. I knew it was one of them and one applies to another case.
(Edward Vollam, boot and shoe-maker; W. Oden, dyer, No.2 Church-street, Shoreditch; Sarah Martin, No 32. Junilee-place; and Sarah Ogden, gave the prisoner Vollam and good character.)
DAVENPORT— GUILTY . Aged 16— Transported for Fourteen years.
VOLLAM— GUILTY . Aged 18— Confined for Six Months.
OLD COURT.—Wednesday, November 25th 1835.
First Jury, before Mr. Sergeant Arabin
17. HENRY JOHN BLAINE was indicted for staling, on the 25th October, the materials for 4 pairs of boots, value 2l.; 7 knives, value 2s.; 2 rand-wheels, value 8s.; 4 pairs of spur-boxes, value 30s.; and 100 boot-markers' tools value 3l.; the goods of John Ross; 1 pair of shoes, value 5s.; 5 apirs of satin shoe-uppers, value 10,; 5 pairs of lasts, value 4,; 2 knives, value 6d.; 1 hammer, value 1s.; and 50 shoemakers' tools value 1,; the goods of Edward Jenkins; 1 knife, value 3d.,; and 14 shoemakers tools value 15s.; the good of Joseph Botwright.
JOHN ROSS . I am a boot-maker, and live in Prujean-square, Old Bailey. The prisoner was in the habit, of bringing work to my workshop from his father, for us to manufacture—he was not a workman of mine—I have worked for his father—he was occasionally about my premises, but not emplyed by me— I lost my property on 25th October or the 26th—I cannot say to the day—It was safe on Sunday, and on Monday morning it was lost, and was found in the prisoner's possession.
THOMAS HERDEFIELD . I am a City offier. I produce a quantity of articles belonging to the three prosecutors who are here—here is a quantity of tolls, bot-legs, leather belonging to Ross: and five pair of satin shoes, belonging to another person—I found the articles in Butcher—hall lane, in the prisone's father's house, in a celler—he lived with his father at that time—the morning I was sent for, the prisoner was in the prosector's room, and I said, "You are suspecteed of this robbery"—he denied it strongly, and could not hink I should think it was him—I found he was about saying smothing, and I went out of the room, that I might not hear any thing about any compromise—he into the celler, and I after him.
Prisoner. I throw myself on your mercy.
GUILTY . Aged 21— Transported for Seven Years.
There was another indictment against the prisoner.
JAMES LANCE . I am clerk to Mr. George Machine. On the 17th of November, between twelve and one o'clock, I was passing through Alderman bury, on business—I saw a man behind me—he took up the tails of my coat, and took out a yellow silk handkerchief—I attempted to take hold of his collar, but he burst away from me, and ran down London-wall—he turend down a street, and I desisted from following him; but a Gentalesman told me, he had gone into a house—this is my handkerchief—I believe the prisoner is the man who took it—I saw him brought out of the houses, and that house was in the street I saw him turn into.
Prisoner. There were two more persons close by Witness I saw one more with him behind me, whom I intended to notice, but I am sure the other man did not take it—they were close to me.
JOSEPH WALTON . I am an officer. I was coming down London-wall on the 17th, and heard a cry of "Stop their"—I saw the prisoner running down Carpenters'-buildings, and people running after him—I followed him into a house—when I got there, he was coming down stairs—he had nothing in his possession; but a woman said, he had a handkerchief when ho ran in—I went up-stairs, and found a handkerchief behind some boxes, in a room which he had run into—I brought him, down, and gave him
to a police-sergeant—there were other in the house, but not in the apartment where he had been.
JURY. Q. You identify the prisoner as the same person you saw enter the house? A. Yes—I know the other men were not in the same room because I went up into the room immediately to see where the property was—he was coming down-star is when I was going up—I did not see him in the room.
COURT. Q. What number is this house? A. I think, No. 1, Car penter's-buildings, London-wall—It is a green-grocers's shop.
Prisoner. As I was going along London-wall, there was a gentleman bit me with umbrella, and I ran away.
(William Hew son, Baldwin-street, St. Luke's, and another witness gave the prisoner a good character.)
GUILTY . Aged 19—Recommanded to mercy by the Jury and Prosecutor Transported for Seven Years.
Before Mr. Justice Park.
19. GEORGE PEARSON was indicted for feloniously and burglarously breaking and entering the dwelling-house of George Itchier, about the hour of eight in the night of the 1st of October, with intent to steal, and stealing therein, 6 yards value 30s., his goods.
GEORGE RITCHIE . I am a Hoosier and hatter, and live in Grace-street, in the parish of All-allows, Lombard-street. On the 1st of October about eight o'clock at night, I had been out—there was no light except from the gas—It was night—my shop was open for business—It is generally shut up at nine—a friend was walking with me—I observed two lads at my window—I got to them as they made an effort to run away—I laid hold of them, but he way from me—he was bigger than the prisoner—I was behind them, and unable to see what they were in the act of doing—I found my window broken—the pane of glass bad been starred, and a piece taken out, and a pieve of back silk handkerchief taken out of the window—the rest of the window was entirely whole—the prisoner was one of the men, I saw him again within five or seven minutes—my friend Reynolds ran after him, and I ran after the other—when the prisoner was brought back he had nothing with him—I am confident he is one of the two I saw at the window—Mr. Reynolds is not here.
20. THOMAS STEDMAN was indicted for that he, on the 14th of Noember at St. Martin-in-the-fields, feloniously did forge a certain order for the payment f money, which is as follows:—"4, Hadlow-street, Burton-crescent, 6th of November, 1835—Messes Cox, & Co. pay Mrs. Brown, the sum of 4l. 19s. sterling, and charge it to my account, A. Wedder burn, Capt. and Ltd. Cole. Coldstream Guards. Messrs. Cox and Co. Craig's-court, Charging Cross"—with intent to defraud Richard Henry Cox, and others, against the Statute.2nd COUNT, for feloniously uttering, disposing and putting off a like forged order, with a like intent, well knowing it to be forged.
MR. CURWOOD conducted the prosecution
Cox, and two other partners, army agents, Craig's-court, Charging Cross—they pay orders for money drawn on them by officers, for whom they barre agents; in the same manner as bankers pay their customers cheque, On the 14th of November, an order was presented, purporting to be drawn by Colonel Wedder burn—I have it here—he is a Captain in the Cold stream Guards, and a Colonel in the army—Cox and Co. are his agents, and bankers—this order was presented to me—I am perfectly acquainted with the Lieutenant-Colonel's handwriting—It is not his handwriting, certainly—It is a very close imitation of it, but I am able to say it is not his, from my knowledge of his writing—thee is an attempt at resemblance throughout the whole draft—It all appears to be written by the same hand—It was presented to me by William Dooley, a ticket porter, about two o'clock, or son after—having discovered it to be a forgery, I took instruction from one of the partners, and went to the station-house, and got a police-officer—I desired Dooley to remain is my office—he and the police-officer went away together.
Prisoner. The indictment states it to be Cox and Greenwood, before the Magistrate he said it was Cox and Hamilton—there is a discrepancy there. Witness. Charles Hammers, and Henry Richard Cox, are the other partners—Mr. Greenwood has been dead some years—we act both as bankers and agents—we pay cheque of al amounts—some drawn on printed cheque, and some on paper—a cheque on plain paper is perfectly legal if drawn in London—this is on a stamp—the number of our house is now No. 2, not No. 8.
WILLIAM SOOLEY . I am a porter at Lincoln's-inn. I was in Lincoln's-inn Old-square, on the 14th of November—I was waiting for a job, and saw the prisoner there—he came up to me about one o'clock, and asked if I was there for the purpose of going on message—I said, "Yes"—he asked me to go down to Cox and Greenwood's—I think he said Greenwood, (it was according to the address on the cheque.) and get a cheque cased—he gave me the cheque—this is it—I believe this to be the paper, but it has been out of my hands ever since—I have not the least doubt of its being the paper.
MR. PYLE. I am perfectly certain that is the paper the porter gave me.
WILLIAM SOLEY re-examined. I tendered the same paper at the Banking-house, as the prisoner gave me—I remained there till the police-officer came—they paid me in the presence of the policeman, and I and the policeman went away together—I went to the place he appointed to meet me, at which was Mr. Bagshaw's chambers, in Southampton-buildings,—I and the policeman went there together—I rang Mr. Bagshaw's bell, the policeman being on one side of the street, and I on the other—he was in plain cloths—on my ringing the bell, Mr. Bagshaw's came to the door—I did not see the prisoner then—I went into Mr. Bagshaw's clerk's room, and waited there—the clerk's room looks into Southampton-building—I went to the window, and saw the prisoner coming down the steps from the Mechanics Institution, which is exactly opposite the window—directly I saw him coming down the steps, I came out of the door into Southampton-buildings, and told the policeman that was the man, on the other side of the way—I went up to him, just in front of him, and saw his face, and said, "I have got the money for the cheque you sent me with"—I was about giving it to him, when the policeman came up, and took him into custody, saying there was some mistake, and he had better not take
the money, or something to that effect—the prisoner said something—I cannot say hat; but he seemed very much confused, and then he told the policeman, I think, that he could take him to the person he took it of—he then said there was no occasion for me to go with hand offered me the shilling he had agreed to give me—the policeman said I had better not take it—he and the policeman went away together—I accompanied them, after going to Mr. Bagshaw's, and telling him—we went to Craig's-court, and then to the police-station—the prisoner was locked up till seven o'clock in the evening—I am quite certain he is the man—he acknowlodged that he gave it to me.
CHARLES OTWAY . I am a policeman. I accompanied Sooley, on the 14th of November, to Southampton-buildings, and saw him in the act of tendering some money to the prisoner—I said perhaps he would refer me to the party he took it of—he said he knew nothing about it, it was a mistake—I asked Sooley, in his presence, whether the prisoner was the man who gave him the cheque—he said he was—the prisoner said nothing to that—I told him I was an officer, and he must consider himself my prisoner—he then said if I would go with him, he would take me to the party he received the cheque of—I refused to go, and said he must proceed with me, and not I go with him—I took him to Cox and Green-wood's in a cab—on the road, he asked me if I had not seen him, whether I should have detained the man who presented the cheque—I told him most likely we should, till we had ascertained the respectability of his character—he said, "O thought so, I should not like to see the poor fellow," or "man, get into trouble"—he also stated, that the cheque was found upon him, he supposed he must suffer, but he would not open his mouth to get any one else into trouble—I went in the cab with him to Cox and Company, but neither of us went in—Sooley went in to inform Mr. Pyle that I had apprehended the prisoner, and I took him to the station-house—when the Inspector was taking the charge, he asked him his address, which he refused to give—he was asked from whom he received the cheque, and answered, "From my friend Wood"—when asked Wood's address, he refused to give that likewise—he said, "I wish to give little trouble about it, I don't disown being the presenter of it"—I asked him if he had a pocket-book, or any papers—he said no, he had taken good (or great) care of them—I searched him, but found nothing on him but 1s. 6d. and a knife.
Prisoner Q. Did you speak to me first, or the porter? A. The porter—I have no recollection of speaking to you first—you doubted my authority because I was in plain clothes—I saw a policeman in uniform, and I called him, thinking you might resist—you refused to go with me at first—you asked me to go to the person you took it of—you did not name Wood then, or any body—I asked you, in the presence of the porter, where Wood lived—you refused to go with one, at first, over to Bagshaw's chambers—you did not struggle—I did not hold the cheque up to you, and ask if it was yours—I had it in my hand, and you wanted to look at it, but I took care you should not seize it—In searching, he was not stripped at all—I put my hand into his coat porter, and waistcoat and trowser's pockets, and felt his fob, to see if there was any thing there, and when I asked if he had a pocket, he said, "I have taken good care of that"—he had a full flap to his trowsers.
I know Lieutenant-Colonel Wedderburn—on the 4th of November he was not in England—he had leave from the regiment, from the 12th of July until the 11th of January—he is not in England now, nor has he been since—I am very well acquainted with his handwriting—we very often have correspondence with the officers, and know their writing, (looking at the cheque)—I do not believe any part of this to be Lieutenant Colonel Wedderburn's handwriting.
Prisoner's Defence. I have to state I received the order from another person, with whom I am most intimately acquainted—he was a friend of mine, till he behaved so badly to me in this instance—I received it from him in payment for a suit of clothes, which he pawned, of mine, long ago—he had long promised me payment and paid me the day when I presented this order—there a few shillings to come to him out of it—I was to have met him, and would have delivered him into a policeman's hands—I have since learned he has sailed to Spain, and is on the way to join the Queen of Spain's army—I have witnesses to prove the delivery of the cheque to me, and the consideration for which I received it—I have a wife and family—I ask you, gentlemen, who are fathers, whether you could risk, for 4l. 19s., the awful sentence of transportation for life, which is a living death, and a grave to all my prospects in society?—does any gentleman believe that for that paltry sum I should incur this risk—the policeman can prove I said I did not know they could do any thing to me, and I did not know they could touch me—I did not believe, if the cheque was wrong, they could do any thing, but say there were no effects. I delivered the cheque to the porter, in Southampton-buildings, which I believe is not in the parish of St. Martin-in-the-fields—If I recollect right, the paper is stamped—If the stamp is not legal, it cannot be a legal document.
GUILTY of uttering. Aged 35.— Transported for Life.
Before Mr. Justice Park.
SAMUEL SERLE . I live in Tryon's-place. Hackney. On Saturday night, the 14th of November, about half-past six o'clock, I was going along Bishopsgate-street, and nearly opposite the Flower Pot public-house, I felt the tail of my coat drop down—I turned round, and saw Mr. Barton picking up a handkerchief—I saw the prisoner there—he began to run—I ran after him, and overtook him, after chasing him, and took him to the station-house—my handkerchief is marked, "S. B. S," which are my father's initials—I was with Mr. Harley.
WILLLIAM LUDLAND BARTON . On the night in question, I was coming out of my door. in Bishopagate-street, and saw the prosecutor walking with another gentleman—I saw a lad lift up the tail of his coat, and take out a handkerchief, which he threw on the ground, behind him, into a door-way—I picked it up, and told the prosecutor that was the lad who took his handkerchief—he immediately ran away—he had thrown it about two yards from him, before he was charged with taking it—I have not a doubt of the prisoner's person.
—I am a policeman. I have the handkerchief—I met the prosecutor with the prisoner in his custody—I took him in charge, and to the station-house—the handkerchief was given to me by Mr. Barton.
(Property produced and sworn to.)
Prisoner's Defence. I saw a person take the handkerchief from the gentleman's pocket, and throw it down—I ran—the gentleman ran after me, and collared me.
MR. SERLE re-examined. I cannot say whether it hung out of my pocket.
NOT GUILTY .
Second Jury, before Mr. Recorder.
The HON. MR. SCARLETT and MR. ELLIS conducted the prosecution.
JOHN GARNER . I keep the Half Moon public-house, Strutton-ground, Westminster. On Saturday, the 21st of November, about one o'clock in the afternoon, I saw the prisoner at the bar of my house—she asked for half-a-pint of porter—I served her—she offered me a shilling in payment—I put it into the till, and gave her 11d. in charge—there were other shillings in the till—she went across the road, and was gone about five minutes, and then came again, and asked for half-a-pint of porter—It was rather more than five minutes—I had not taken any more silver in that time, but had taken a quantity of halfpence—there was other silver in the till—she gave me a shilling for the second half-pint of porter—I served her, and noticed that the shilling was a very bad one—I then opened the till, and looked for the other one, and found a bad shilling on the top of the other silver—the second shilling had not been out of my hand at all—I took the first shilling round the counter with the one she gave me on the second occasion—they were together, and I cannot distinguish which was the first or second, but they are the two—I saw her put her hand into her bosom several times, and asked what she was doing—she began to cry, and I said, "You have got some money about you, I am quite sure, by your appearance and ways"—I called in a policeman, who took her into the yard of my house—she was searched there, and I saw him take 13s. from her—I gave the 2s. to the policeman—I marked them first.
WILLIAM PIPE . I am a policeman. I was called to Mr. Garner's shop, and took the prisoner into the back yard—I felt breast, and felt a substance inside—I found thirteen counterfeit shillings, and a penny-piece in her bosom, and sixpence in a purse—I received two counterfeit shillings from Mr. Garner—the prisoner said she was persuaded to go and pass bad money; as she would get a better living by that than being on the streets, but she had taken a solemn oath never to state who she had them from—I have kept them spates ever since.
JOHN FIELD . I am inspector of coin to the Mint. The thirteen haillongs produced by the officer are all counterfeit—the two are also counterfeit—nine of the thirteen correspond with one of the two produced, and the rest correspond with the produced—they are made of Britannia metal, in a plaster of Paris mould, which is east with a good shilling.
(The prisoner put in a written defence, stating that a respectable man met her, and gave her some liquor—took her to a house of ill-fame—after which, he gave her the money in question, and that she had only tendered one shilling to Garner.)
MR. GARNER re-examined. I never saw the prisoner before—I am quite positive she is the woman who gave me the first shilling—she
did not appear at all the worse for liquor—she seemed rather flurried the second time, when I charged her with having been there.
GUILTY . Aged 16.—Recommended to mercy. Confined Three Months.
NOT GUILTY .
NEW COURT.—Wednesday, November 25, 1835.
Sixth Jury, before Mr. Common Sergeant
24. JOHN DWYER was indicted for stealing, on the 9th of November, 1 watch, value 25l. the goods of Thomas Edward Massey, and another, his masters—also for stealing, on the 19th of November, 1 watch, value 3l., the goods of Thomas Edward Massey, and another, his masters; to both of which indictments he pleaded
GUILTY . aged 14.— Judgment Respited.
25. JOHN HIND GOULD was indicted for stealing, on the 16th of November, 7 table covers, value 3l.; 9 yards of Flannel, value 18s.; 5 yards of ticking, value 7s.; 12 yards of printed cotton, value 9s.; and 1/2 a yard of canvass, value 4d.; the goods of Maurice van Evans.
MR. DOANE conducted the Prosecution.
MAURICE EVAN EVANS . I am an upholsterer, and have a carpet ware-house at Holborn-bars. The prisoner was in my employ occasionally as a stuffer. On the 14th of November, Dixon my foreman, went up to fill a bed, and found a table-cover in a corner—on the 16th the prisoner was taken into custody, by my direction, and there were four table-covers, and a piece of canvas found on his person—they were mine—I think two were about his body—he had a band round his stomach on purpose to hold them—I have lost a great many table-covers, and other things.
Cross-examined by MR. PHILLIPS. Q. Have you any partners in your business? A. No—I do not know that the prisoner had any illness—I believe he is married.
CHARLES DIXON . I am foreman to the prosecutor. On the 14th of his mouth. I found the table-cover in the stuffing-room—I called my master, and marked it—on the following Monday the prisoner was taken, as he was going out to dinner—he was called back—within ten minutes there were two table-covers taken from round his breast, and three from other parts of his body—one of them was the one I marked; and this canvas.
THOMAS FENN (City police-constable No. No. 6.) I took the prisoner—I found two table-covers round his waist, one in his pocket, and one in his hat with the canvas—I went to his lodging, and found thirty-three duplicates—fourteen related to property of this description—the others the prisoner owned.
Cross-examined. Q. Did you find he had a wife and family? A. He has a wife, and one child.
JOHN ANDREW SIMPSON . I am an assistant to Mr. Sowerby. I have a great number of articles pawned at different times by the prisoner's wife—she has passed as his wife, and used our shop for three years.
COURT. Q. Did you suppose she was a shopkeeper in London? A. No: these are new articles, they were all pledged within the last four months—she admitted to me, some months ago, that they had been in business in the upholstery line.
Cross-examined. Q. Did you know where she lived? A. The address on his duplicate is No. 8, Earl-street—on another, the same name, No. 10, Queen-street—I thought you meant where they lived when in business—on another, is No. 11, Stando-street—on another, No.7, White lion-street—I did not know where she lived at the time—I did not make inquires.
Prisoner's Defence. On the Saturday I left, I was very unwell, and did not go back to take ten shillings which was due to me—there was no table-cover in the room then—I went out to get half a pint of beer, and on going up stairs again, I saw the table-cover there; in consequence of my being called on for payment of some money, I was distressed, and thought I might take that, and two or three others to make it up, intending to return them on Saturday night—as to the things the pawnbroker has brought, I pledged the whole of them to pay my way—the whole of the stock is mine, Mr. Evans cannot swear to them—I have here five duplicates, which have run out, and I burnt about fifty—I have a bill of a man at Witney, and I bought flannel in Parliament-street, and at other places—Mr. Evans cannot swear to such things as these.
MR. EVANS. This piece of print I have taken in stock five different times—the mark has been taken off the other property.
(William Winshiffel, an upholsterer; William Morris, a broker; and William Perry, an upholsterer, gave the prisoner a good character.)
GUILTY . Aged 42.—Recommended to mercy by the jury. Transported for Seven Years.
JOHN RANDS . I live in Ann-street, Waterloo-road, and am a carpenter. I was at work at the Swan Tavern, Westminster-bridge—I left these tools on the bench, in the room over the tavern where I was at work—when I came the next morning at six o'clock they were gone—these are them.
WILLIAM PLUMB (police-sergeant F 6.) On the 29th October I was on duty in Drury-lane, and met the prisoner—he had the two planes now produced, one under his arm, one in his hand, and this chisel and hammer in his pocket—he said they were his own, and he was going to work in Wych-street—I went with him there—he the said it was further—I said I did not believe his story, and took him to the watch-house.
JURY. Q. Was the door locked? A. No, there was no door to the room—the win windows were out—there was a hoard outside—they had got in by a ladder, which was placed against the scaffold of the next house.
Prisoner's Defence. I have two brothers in the Refuge—I earned sixpence the day before; I went to them, and gave them fivepence—I had no lodging to go to—I met my brother, he gave me the tools to mind, and told me he would meet me next morning at a public-house—I have not seen him since.
GUILTY . Aged 21.— Transported for Seven Years.
ROBERT BRAND . I belong to Montrose, in Seotland. I was in Union-row, Tower-hill, on 19th of November, about eight o'clock at night, walking in company with another ship-master—I observed the prisoner and another man very close to my back—I felt a hustling about my person, put my hand to my pocket, and missed my handkerchief—I saw the prisoner walk away—his partner cried,—Run, run, Tom"—he did ran—I ran, and the policeman was close to me—I told him to stop him—several person tried to do it. but could not—after I had run nearly a quarter of a mile, be threw the handkerchief down—the officer took it up—I pursued, and took him.
THOMAS DUDMAN . I am constable of Portsoken ward. I heard a cry of, "I am robbed. stop him"—I was standing on the opposite side of the street—I saw the prisoner running and knowing him before, I immediately pursued him—he dropped the handkerchief at my feet, in running—he was pursued, and taken,
GUILTY . Aged 22.— Transported for seven years.
GEORGE HUMBY . I live in New North-street, Red Lion-square. About three or four o'clock on the 9th of November, I was Uodgate-hill, standing with a friend, looking at the procession, and just as the Lord Mayor's carriage passed, the prisoner, who had been standing by the side of my friend for ten minutes or a quarter of an hour, all on a sudden brushed by, when the crowd turned after the carriage, and at the moment I lost my pins—I had a fall-down stock, and two pins attached to each other, with a gold chain—one had a diamond in it—was in the fall-down part of the stock—the prisoner put his hand underneath my chain, so that I could not see him do it, but it was snatched by somebody—It was not fastened round my neck—by taking hold of the chain, he could draw out both pins.
Cross-examined by MR. CLARKSON. Q. Did you stare before the Magistrate that you could not tell how it was extracted? A. Yes; I had seen it safe just before the crowd began to move—I was on the pavement—It was not very much crowded—we were standing with our backs to the shutters of a shop—there were two or three persons on my left, my friend on the right, and the prisoner next—there were person before me, with their backs to me, and no persons behind—nothing was found on the prisoner—he was seized within a yards of the spot—the whole occurred within a minute—he objected to he taken as a thief, and said he would go quietly—he was desirous of being searched on the spot—that of course we did not do—It was from ten minutes to a quarter of an hour before we got a constable, but we had him in hold—there were two or three persons on my left—there was a general cry of "Search him, and if he has not got it, let him go"—he did not attempt to escape—he endeavoured to unloose my hand.
JOHN M'MAHON DU PASQUIER . I live at Craven-street, Strand, I was with the prosecutor.—I observed the prisoner pushing by me—I had seen him near me about a quarter of an hour before, and had noticed him to my friend—I pushed him back which he did not resent—he
pushed by me again, and got before me, and passed me—put his hand under my friend's face, and with the other hand pulled out the pins—I saw him do it—I am certain he is the man—I saw it in his hand—I then said to my friend, "He has taken your pin, "and collared him—there was no pin found on him—we did not search him at the time—he might have dropped. it, or conveyed it to some one else without my seeing it.
Cross-examined. Q. You saw this done? A. Yes—I cannot be mistaken—the pavement was not very crowded—the procession was going by—I did not the officer—I first collared him, and then my fried came up, and he remained still in my sight, and we pulled him nearly to the bottom of Uodgate-hill, and then gave him to the officer—he said, "Don't pull me about like a thief"—he said he was ready to be examined any where.
JURY to MR. DU PASQUIER. Q. In what situation was the prisoner when you saw him take the pin from the breast? A. My friend was on my right, and the prisoner on my left, pushing by him in the front, and drew his hand down out of the way—I swear I saw the pin drawn out of the neck-cloth, and in his hand afterwards.
Cross-examined. Q. About how many persons where there on the spot? A. I cannot say; there were a good many.
COURT. Q. Upon the closest reflection are you able to swear that he is the person who took the pin? A. I have not the least doubt about it.
(Thomas Ridley. broad silk-weaver, Bethnal-green; Henry Hill, of Artillery-street, a baker; and Lewis Colum, a general dealer, gave the prisoner a good character.)
GUILTY . Aged 28.— Transported for Seven Years.
MARY ANN WARD . I am servant to Mr. Joseph Pullen, who keeps the Blue Last public-house on Uodgate-hill. On the 5th of November, the prisoner came in between three and four o'clock in the afternoon—I had some mutton chops on the fire—I sat down, and shut my eyes, and put my head on my hand—the prisoner came into the kitchen very softly—I opened my eyes, and saw her there—I said, "What do you want?"—she said, "Can you cook me a chop?"—I said, "Where is it?"—she said, "I will go and fetch it"—I saw my master's candlestick under her arm, and took it from her—I asked her how she came to do it—It is my master's—I had seen it two or three minutes before on the dresser.
Cross-examined by MR. PHILLIPS. Q. Did she make no excuse for having it in her hand? A. She said it was through distress—It was not lighted, neither did she ask me to light it.
Prisoner's Defence. I had been walking some distance—I called into this house, and asked the young female to allow me to go to yard—she told me to go straight on—I went into the kitchen—I took the candle and candlestick to light to go there—when she awoke and said I was going to steal it.
put it under her shawl—she was not going out, she was standing still—she did not attempt to go out—It was not far from the fire.
JURY. Q. Was her face towards the fire? A. As she stood, her side was to it—she was not above a yard and a half from the fire.
NOT GUILTY .
MR. JOHN CHUBB . I live at No. 57, St. Paul's Church-yard. About half-past one o'clock, on the 5th of November, I was walking down Ludgate-hill, and felt my pocket handkerchief going out of my pocket—I turned sharply round, and saw it in the prisoner's hand—I collared him directly, and took the handkerchief out of his hand—this is it—I gave it to the officer, when I gave the prisoner into custody,
Prisoner. I picked it up, and pointed to a young man who was crossing the road—I said, "The young man is going across the road; there he goes; this is your handkerchief." Witness. He had not time to pick it from the ground—he did not tell me about any other person crossing the road.
Prisoner. A gentleman behind said he would go to Guildhall, but he did not appear. witness. There was nothing of the kind.
Prisoner's Defence. I have followed the plastering trade fourteen years—I have never been locked up in my life—I worked for Mr. Jones, a milkman, when I had no work at plastering.
(Daniel Jones, a milkman, of No. 25, Upper Chapman-street, 8th Giles's gave the prisoner a good character.)
GUILTY . Aged 25.—Recommended to mercy by the Jury, Confined Six Months.
HENRY MARIS . I am in the employ of Mr. Francis Westley. a book-binder. The prisoner was in his employ—on the evening of the 6th of November, I went to the candlestick-box—I saw some candles there, which I knew ought not to be there, and about a quarter-past nine o'clock, the prisoner said, "Henry, you may go home"—I put my jacket on, went up stairs, and told Mr. Banfield I was going—when to the prisoner went, about three minutes before nine o'clock, I went to the place where I had seen the candles, and they were gone—I had seen them about seven o'clock, and three minutes before nine o'clock they were gone—these seem about the some quantity—there were some pieces of candles—there were some loose ones when I saw them first—the prisoner was brought back, but I got out of the way—I did not want him to see me—Mr. Banfield said, "I just saw the tops of them—I did not open them.
Cross-examined by MR. CLARKSON. Q. You saw these candles in the candlestick-box first? A. Yes—I did count them—I cannot tell how many whole ones there were—there four pieces—this man had been in the employ of Mr. Westley about two years.
found him in Creed-lane—I said, "Mr. Jenks, I went to speak to you"—I brought him into the shop, and said, "Mr. Jenks, Mr. Westley has been robbed of candles to a great extent; can you give me any account of them?"—he said, "No, unless it is the porter's, or the boy"—I said, "Let us speak plain; you are the thief, and I must search you"—he said nothing—I began to rub down his coat—"Jenks, "said I, "here are the candles pull them out"—he coat—I them said, "I will pull them out for you"—they were in his right-hand pocket—I assisted in pulling them out—he said, "For the love of Christ, let me put them into the box"—"No, "says I, "I feel for you as a man, but as an officer, I must do my duty"—I took him to the Computer—h said it was his first offence—these are the candles I took out of his pocket.
Cross-examined. Q. How long have you been in the service of Mr. Westley? A. From thirty-four to thirty-six years—the prisoner has been there two years—he has a wife and five children—I have heard there was a person who went by the nick-name of "Don Pedro"—he was dismissed, I belive, in consequence of dishonesty, from two places—I was sober that night—I have not been repeatedly rebuked by Mr. Westley for being intoxicated—he employs one of the children of this man—the prisoner confessed his offence, and said it was his first—I did not mention that to the Magistrate—If I had answered questions, I must have said it was not his first—I was not sworn to tell the whole truth—I have been a constable from eight to ten years.
FRANCIS WESTLEY . I have looked at these candles—to the best of my knowledge they are mine—they correspond exactly with the candles I have from two house—one from Portsmouth, and one from Treacher's in Paternoster-row—the prisoner had no right to take them.
Cross-examined. Q. Has he a wife and five children? A. I have understood so—here are seven entire candles, and five pieces—I belive there are ten to the pound.
Prisoner's Defence. I am brought before you on this charge of stealing candles, by the act of a base and wicked man—that man is Banfield when he followed me that night, I immediately returned, and saw there were some left on my board, and I gave them to him from there,
NOT GUILTY .
WILLIAM KING . I am assistant to Mr. Charles Wilson, of Fore-street, Cripplegate. On the 9th of November, the prisoner and another came into the shop—they bought a quarter and a half of muslin, at one shilling a yard, and then went out—a person came in, and in consequence of what was said, I went after the prisoner, and overtook her in Milton-street—I asked her what she had in her basket—I looked under her right arm, and took from her these four yards and a half of Circadian cloth—It is the property of Wilson and Blakeridge—this and another were on the counter twenty minutes before the prisoner entered—It had been sold.
Cross-examined by MR. PHILLIPS. Q. Was there not another woman there? A. Yes; the cloths was not taken out of the other woman's basket—she was about ten yards behind the prisoner—she got off owing to the mob—I did not serve her—I saw her in the shop—I tried to find the other woman, but could not—the prisoner was quite sober.
HENRY RICHARDS . I remember the prisoner coming into the shop—I did not serve her with Circassian cloth—I served her with a quarter and a half of muslin—there were two Circassian cloths on the counter—one was gone—I know this cloth.
Cross-examined. Q. Have you any private mark on it? A. Yes; I served this woman—the Circassian cloth was higher up, at the end of the shop—she was about half a yard from me—It was day-light—she appeared to be sober.
Prisoner's Defence. I fell in with another female, and unfortunately took more to drink than I was used to—I did not know what I was doing till I was taken into custody.
(Thomas Cushen, lodging-house-keeper, Binford-street; Ann Martin, Wentworth-street, Whitechapel; and Isaac Henry Hunt, an optician, gave the prisoner a good character.)
GUILTY . Aged 42.— Confined Three Months.
CHARLES ADAME . I am assistant to Mr. John Hughes, of Chiswell-street, lines-draper. On the 9th of November, the prisoner came to the shop with another woman—I did not see her bring any thing with her—she bought a quarter of a yard of muslin, which came to 8d.—this printed cotton was lying on the brought back by Mr. Wilson; I then looked, and found it was gone—It is my master's
Cross-examined by MR. PHILLIPS. Q. Were you the person that served her? A. Yes; she was on one side of the counter, and I on the other—there was another woman with her—I did not see a basket—It was found on her—she said had bought it.
CHARLES WILSON . I took this cotton from the prisoner's basket at the watch-house—the officer had possession of the basket, with the goods she had stolen from us—I asked the prisoner where she got it from—she said bought it—I said, "Where?I don't belive it"—she said, "What is that to you?"
Prisoner's Defence. I know nothing of the other woman, or her basket.
NOT GUILTY .
34. WILLIAM RICHARDSON was indicted for feloniously forging a request for the delivery of 6lbs. weight of sealing-wax, with intent to defraud John Cooke and another, against the Statute.—2nd COUNT, for uttering disposing, and putting off the same.
JOHN COOKE, JUN . On Thursday, the 19th of November, about half-past one o'clock in the afternoon, the prisoner came to my shop, in Cannon-street, and produced this twenty sticks to the lb., extra fine, for John Kendall." I did not send them, as I took it to be a forgery—I asked how long he had been with Mr. Kendall—he said he was not with him—I asked him how
he become possessed of the paper—he said a man in the street gave it him, but he was to be sure to bring the order with him, for which he should receive one shilling for his trouble—I took him into custody.
Prisoner. when the officer took me, I offered to go with him, and show him the man. Witness. He said if Mr. Cooke would go—Mr. Cooke said he would not—I took him to the Computer, and went to the place, but could see no man of the description he gave me, which was a man in a green coat with a white apron round his waist—I waited there a considerable time—this was between two and three o'clock
Prisoner. I know nothing of the order—It is not my handwriting—I did not know it was forged when I was sent with it.
NOT GUILTY .
35. JAMES WOOD was indicted for stealing, on the 5th of November, 301bs. weight of nails, value 8s., the goods of Alexander Cowan.—2nd COUNT, stating them to be the goods of Ebenezer Golding; and that he had been before convicted of felony.
ALEXANDER COWAN . I live in Aylesbury-street, Clerkenwell. The prisoner was in my employ as porter occasionally—I weighted some nails on Monday, the 2nd of November—they weight 3cwt. and 10 or 121bs. over—I am quite positive that was the weight—I sent them on Thursday to Mr. Golding, Long-lane, Smithfield, shoemaker—I told the prisoner to take them there, and tell him the weight—they were not exposed in the shop.
Prisoner. Q. Did you but the nails by the 1b. or cwt.? A. By the cwt.—I purchased them at Mr. Southey's sale—the prisoner called on me—I gave him the order to clear the nails—I did not think there were more than let.
Prisoner. what motive had you for desiring me, to tell Mr. Golding there were 3cwt. and 141bs.? you know there was no such thing—I have had information from Mr. Southey's clerk that there was barely 3cwt.—you were very anxious, the next day, to know whether he weighted them—you told my wife there was a mistake—I went to Mr. Golding, he said there was only 2cwt. 3qrs. 7lbs., and if you bought 3cwt., how can you have lost 331bs.?—you had them in your shop close to your door. Witness. I told Mr. Golding there were 141bs. over the 3cwt/., and transferred my purchase to him—I gave 3l. 6s. for them, and I was to have 10s. prot.
Prisoner's Defence. I took the nails all correct as I received them from the prosecutor.
NOT GUILTY .
CHARLES WARREN . I live at No. 3, Shepherd and Flock-court, Coleman-street. I am nine years old—I know I shall go to hell if I do not tell the truth—about four o'clock in the evening of the 31st of October, I was at Moorgate—I had five linen shirts which belonged to a Mr. Mitchell—I was taking them home to my mother's—I met the prisoner—she clapped me on the shoulder, and said, "You are a nice little boy, what is your name?"—I told her—she said, "I know your mother, and I know you since you were three years of age; you are a nice little boy; if you will come to my house, I will give you a horse and cart"—she took me up to Ropemaker-street, and showed me a gentleman standing at a door—she said, "Do you see that gentleman?" I said, "Yes"—she said, "That is my uncle, do not let him see you"—she gave me a halfpenny, and took my bundle, and said she would go into that place for the horse and cart, and she was coming to see my mother—she pointed to a place then, and asked me if I bad any thing to put the horse and cart in—I said, "No"—she said she would put it and my bundle in a basket, and carry it home to my mother—this was about four o'clock—I met her again that night in Fore-street, about eight o'clock—my aunt told me to take a good look at her, to see if that was the woman—she was dressed as before—I am sure she is the person who took the bundle.
Cross-examined by MR. CLARKSON. Q. Had you seen bar before? A. Yes; going about selling fruit—this happened three-quarters of an hour after I had left home—I met her at Moorgate—that is not far from my house—I went to Moor-lane, at my aunt's to bring the shirts from there—It takes half an hour to go, and come back again—It was about four o'clock when I was there—I waited after the prisoner got the bundle, to get it back—I asked the gentleman if she had gone in there—I went home, and said all I knew of the woman was, that she had a child in her arms—and then I was taken back, up to Ropemaker-street.
COURT. Q. Must it have been before five o'clock that this woman came and took the shirts from you? A. Yes; I left my mother before four o'clock to go to my aunt's—It takes a quarter of an hour to go—I did not stay there at all.
MARY BORELL . I am the little boy's aunt. He came to my house about four o'clock, and I gave him five shirts—he was to take them to his mother—I went with him to the station-house, and, oncoming back, I saw the prisoner standing near the spot—I looked at her—I do not know whether she was selling fruit—the boy said she was the woman who asked him his name—I went up to her, and civilly asked her name and address—she and her husband, and three daughters abuse me, and one of them seized the little boy, and said how dare he say that of her mother—I asked her to walk up to the station—she said she would sooner blow out my b—y brains—some person collected round—I said "If I could see a policeman I would give you in charge"—she turned round, and two policeman came up—she said, "Well, there is two policeman, you will see they know me as an honest woman, working hard for my bread"—I said I did not know what she was, but the boy persisted she was the person—she ran away.
Cross-examined. Q. Was there not a crowd round you? A. There were two policemen upon the spot, when I said I would give her in charge—the people said, "Either give her in charge, or let her go home"—I gave
her in charge—the policeman did not take her, and I reported him on the Monday for it—she went away, after the policeman was gone—she was taken on the Wednesday, at her own home.
EDWARD M'DOWALL . I am a police-constable. I apprehended the prisoner in Ball-court, Golden-lane, on the Wednesday—I have known her the last three years, being regularly there—any officer knows where to find her—she calls things about the street.
CHARLES WARREN re-examined. Q. Did you describe the woman saying that all you knew was that she had a child in her arms? A. Yes; I looked at her face—I am sure she is the same—she had a red shawl on—I do not know the colour of the bonnet—I told the Magistrate I had seen her selling things about.
Cross-examined. Q. Have you been talking with your mother and aunt about this, since it happened? A. Yes; they did not tell me they were sure she was the woman—I cried when I went home—no one beat me—they did not say they would beat me if I did not find out the person—the prisoner took the things from me, in Ropemaker-street—Fore-street is a good way from that—I do not know whether she had boots or shoes, or long or short sleeves—she had no paper in her hair, nor cap under her bonnet,
Prisoner's Defence. I know nothing about it—I never saw the child—I was in Tottenham-court-road the first of the morning, selling apples—I came home at four o'clock, and never went out till a quarter past six o'clock.
ELIZA STEVENSON . I am married, and live at No. 6, Ball-court, Play-house-yard, White-cross-street—the prisoner lives in the same house. I remember the Wednesday she was taken—on Saturday, before she came home, about four o'clock—to my knowledge, she did not go out till a quarter past six o'clock.
NOT GUILTY .
JOSEPH HOWSE . I live at Cirencester—I lodged at Cooper's Hotel. Bouverie-street. On the 7th of November, I was in Wood-street, passing along—on arriving at a place where I was stopped by a carriage, I was informed something had occurred, and missed my handkerchief from my pocked—I looked round, and saw the prisoner in custody—while I turned round, some one handed my handkerchief to me—It has my initials on it.
Prisoner. I had no handkerchief in my hand when he took me. Witness. He dropped it the instant I took him—I secured him the moment his hand came out of the pocket with the handkerchief in it.
Prisoner. He struck me on the forehead. Witness. I deny that.
Prisoner's Defence. I went after a situation, and on coming along wood-street, that gentleman took hold of my collar, and said I had picked a gentleman's pocked, and had got the handkerchief about me—I never saw any handkerchief till I was at Guildhall.
(Alexander W. Glasse, Type-street, Finsbury, publican; Mary Conolly,
Ropemaker-street, news-vender; and Jane Wiggins, Arthur-street, Goswell-street, gave the prisoner a good character.)
GUILTY . Aged 17.— Transported for Seven Years.
JOSEPH EVERARD . I live in Finsbury-circus. On the 9th of November, in the afternoon, about three o'clock, I was on Blackfriars'-bridge—I had a handkerchief, and felt some one taking it, as I thought—I put my hand down, and felt it about half-way out—I drew if from my pocket as if to use it, and replaced it—on going about ten yards further, the prisoner came and leaned on my shoulder, and, as I suppose, took it—he was near to me when it was half-way out—I missed it instantly—he went down to the foot of the bridge—I followed, and seized him—I asked him for it—he said he had not got it—I asked him a second time—he said if I would let him go, he would give it to me—I gave him and the handkerchief to the officer—I did not promise him I would let him go—I threatened to beat him—he gave it to me.
CHARLES COWDEROY . I live in Blackfriars-road. I saw the prosecutor running, and saw the prisoner—when he got him, I heard him confess having taken it, and say he would make it up with the prosecutor if he would let him off.
Prisoner's Defence. I am a bookseller. I was coming over Black-'-bridge, to go to Paternoster-row, and saw the handkerchief lying between two females' feet—I picked it up, and asked if it was theirs—they said, "No"—I held it out two or three minutes, expecting some one to own it—when I came off the bridge the prosecutor came behind me and said, "You have stolen my handkerchief—I said I had picked it up—I did not say if be would let me go I would give it to him.
JOSEPH EVERARD . I do not recollect his saying that he picked it up, till he was brought to Guildhall—he could not have held it two minutes in his hand, nor one—I heard him say it was his first offence, and he would make it up if I would let him go.
(W. Chemist, Church-cross, Lambert; W. Rest Capper, Waterloo-road; and W. Southers, Blowier-cross, Waterloo-road; gave the prisoner a good character.)
GUILTY . Aged 25.—Recommended to mercy by the Prosecutor. Confined Six Months.
Fifth Jury, before Mr. Sergeant Arabin.
THOMAS PALMER . I am foreman to Mr. George Clark and his partner, of Howford-buildings, Eenchurch-street. The prisoner was our warehouseman for about seven months, but had left our employ a week previous to this—after paying the men their wages on Saturday evening, the 7th of November, I put the overplus into my desk, and locked it up—there were six sovereigns, one half-sovereign, two half-crowns, sixteen shilings and sixpence, in a bag in my desk, with sevenpence in copper—I
left about aquarter to eleven o'clock—I was the last on the premises that night—on Monday morning I found the desk broken, and the money gone, with the exception of the sevenpence in copper—the lock had been forced with what we call a sheep's-fool—from information I received, I suspected the prisoner—he came there on Monday, (Lord Mayor's day) and I went in the afternoon to a public-house, and brought him to the premises—he denied all knowledge of it, but the boy, Horrock, was told to tell, and the prisoner said, "It is no use your going any further, I confess that I robbed you, Mr. Clark"—Mr. Clark asked him what became of the money, and he said, "If I have money, I throw 1l. here, and 1l. there—I never keep money"—he was half drunk then.
Cross-examined by MR. PHILLIPS. Q. He seemed to be half drunk? A. He was; he threw himself about while he said it—I think he knew what he was saying.
WILLIAM RICHARD HORROCK . My mother has the care of the house for Mr. Clark—she awoke me about twelve o'clock on saturday night, and said she heard footsteps on the he stairs—I got up—the prisoner came down stairs, and asked for a light—I went up stairs with the light into a room adjoining the warehouse—his foot slipped, and the candle went out—he said he could not do without a light, and he should be there about half an hour.
Cross-examined. Q. Did he appear to be sober? A. No.
JAMES SOLOMON RICKETTS . I am an officer. I took the prisoner on the 9th of November—he appeared to he intoxicated—while I was speaking to Mr. Clark, some one said, "He has got a knife in his hand"—I ran into the other place, and put the handcuffs on the prisoner—he was not sober, and almost every public-house he passed, he asked me to let him go in and have something to drink.
Cross-examined. Q. Did you search him? A. Yes; he had 91/4d. in copper, and 6d. in silver, and three duplicates.
Prisoner's Defence. Mr. Clark stated to the Lord Mayor, or rather Mr. Palmer, that it was 7l. 10s. which was lost, now he says 7l. 11s. 6d.—God knows what was lost, I do not know.
(Arthur Clifford, 15, New-street-square, printer; Bernard O'Connell, 7, Whitecross-alley; Peter Connell, boot and shoemaker, Whitecross-alley; Michael Conner; Martha Stevens, a general dealer; and Eliza Connell, gave the prisoner a good character.)
GUILTY . Aged 20.—Recommended to mercy by the Jury and Prosecutor. Confined Six Months.
LANCELOT MIDDLETON . On Monday morning last I was in Gracechurch-street, at half-past ten o'clock. I felt my pocket picked, and instantly turned round and seized the prisoner—I saw him with my handkerchief—he dropped it from his coat, and wanted to know what I wanted with him—he dropped it from his coat, and wanted to know what I wanted with him—he struggled to get away.
Prisoner. The gentleman says he saw it in my hand—another man
gave him the handkerchief. Witness. When he found he could not get away, he begged my pardon, and said, if I would only forgive him this time, he would never do so again.
GUILTY . Aged 17.— Confined Three Months.
CAMILLA BRIGGS . I am the wife of Samuel Briggs. On the 18th of November, I went into a furrier's shop, in Regent-street—I had my reticule, which coutained my purse, with nine shillings and four sixpences in it—It was day-time—I was looking at some boas—I did not see the prisoner in the shop—I saw her when she returned with the policeman—the reticule was not taken, but my purse was taken out—I had laid on a chair by me.
Cross-examined by MR. PHILLIPS. Q. Might the purse have fallen out of the reticule? A. It might, but I think it was stolen.
WILLIAM RIDLEY . I am shopman at Mr. Waits, in Regent-street. I recollect the prosecutrix being there—I saw the reticule on the chair—the prisoner came in while Mrs. Briggs was there—I desired her to wait a short time, as I was engaged—she said she would call again, and was about to leave, when she put her hand into the reticule, and took something out—I asked Mrs. Briggs if she had lost any thing—she said, "Yes"—I followed the prisoner, and caught her by the Bull and Mouth—I gave her in charge.
(Property produced and sworn to.)
Prisoner's Defence. I picked up the purse in the shop—I kicked it with my feet—I told the shop-woman, if she could not serve me, I would come again—I was nearly ten minutes out of the shop—I had never so much as opened the purse—he asked me to come back—I said, "Certainly," and came back with him—the policeman was coming along—he said, "I give you this woman in charge"—he gave me a sudden push, and the purse fell out of my hand—he took me in Coventry-street.
(Mrs. Butler, Holland-street; Margaret Pears, No. 26, York-street; Matilda Butler, Mr. Dolland, Chapel-street, Oxford-street, tailor, and W. Pears, shoe-maker, No. 20, York-street, gave the prisoner a good character.
GUILTY . Aged 24.— Transported for Seven Years.
JOHN STANSFIELD . I am a waiter. I was in Newgate-street on the 19th of November, about twenty minutes past six o'clock in the evening—I felt a person's hand in my pocket—I turned quickly round, and found my handkerchief in the prisoner's hand—I felt it drawn from my pocket—he gave it to another young person, who ran away—I caught hold of the prisoner, and am sure he is the person—he had followed me.
Prisoner's Defence. I was going across the road, the gentleman was standing on the pavement—he caught hold of me.
handkerchief in his cap which he said was his own—It was of very trifling value.
GUILTY . Aged 17.— Confined Three Months.
WILLIAM WIGGINS . I carry on business in Bridge-street, Backfriars. The prisoner had been my servant, and left about two months—he had no right on my premises—on the 3rd of November, I saw him walking out of my yard, with a hamper on his back—I opened a window, and asked my man who it was—he said, "Benjamin"—I said, "What has he on his back?"—he said, "A hamper"—I said, "Call him back"—he did not come back—I came down, and followed him into the street—he was in the act of opening the hamper—I asked what he was going to do with it—he said, "Nothing"—I said, "Bring it back"—he brought it back, and opened it—I saw this halter and two plates in it, which were part of a service, of which I have lost a hundred pieces, and a stone bottle.
Cross-examined by MR. PHILLIPS. Q. How long had he been in your service? A. About six months—he had left me from two to three months—there was a servant named Coleman in my service—he is not here, that I am aware of—there were in the hamper some in pots, not mine, that I am aware of, and an earthen tea-pot—that is all that I recollect—there might have been a jacket—I do not know whether there was any wearing apparel—I have some slight recollection of some other things being there, but what I do not know—he did not state that they were some things of his own, which he had left in the stable for two months—It was tied up—I had not seen the hamper before, to my knowledge—I do not know whether there was any wearing apparel of the prisoner's—there was some wearing apparel—I cannot tell whether it was a jacket, or a pair of trowsers—there might have been both—I had the things turned out of the hamper.
Cross-examined. Q. I do not know whether you saw this hamper yourself? A. I did and made a memorandum of what it contained—the prosecutor was not with me then—there was one baking-dish, two bassins, a brown pan and cover, a small saucepan, a pair of breeches, a waistcoat, a pair of gaiters, one or two pieces of canvass, and two or three pieces of drab cloth, which I understand had been cut from the bottom of the prisoner's great-coat—the prisoner stated that the hamper contained his clothes, and was lying in the stable, so that any body might have opened it—It was tied, but not sealed.
COURT to MR. WIGGINS. Q. Did you see this hamper opened? A. I did—I only remember seeing one plate beside these two—these two are mine—when he took out the halter, he said he had brought a halter—I said, "Never mind about it."
Prisoner Defence. My hamper was in the stable for two months—I went for my things from there—I went in the stable to the young man—he was hamessing up two horses—I said, "James will you please to let me have my things"—he said, "Yes I will go with you"—his boxes wore on it—I took it from under them and we were going to the public-house when the
prosecutor sent his servant after me—I did not come immediately—he came after me, took it back, and told me to open it, which I did.
MR. WIGGINS. I said, "You are the man I wanted to find, these are the things I have missed so many of"—he asked me to forgive him.
Cross-examined. Q. Did you forget that the gaiters, and jacket, and waistcoat were in it? A. I did.
NOT GUILTY .
44. MARIA HALL was indicted for stealing, on the 16th of November, 1 brooch, value 2s.; 1 pair of bracelets, value 2s.; 2 smelling-bottles, value 4d.; 1 dressing-case, value 30s.; 1 pair of snaps, value 3s.: 1 thimble, value 1s.; 1 pencil-case, value 2s.: 7 ear-rings, value 5s.; 1 hair-brush, value 6d.; 1 printed book, value 6d.,; 1 snuff-box, value 6d.,; 6 sprons, value 1s. 6d.; 2 shawls value 3s.; 2 petticoats, value 2s.; and 1 gown, value 18d.,; the goods of Charles Blake.
JAMES LONG (police-constable) I apprehended the prisoner on the 2nd of November, on this charge—she said she was guilty—I made her no promise or threat—I found two duplicates on her, and 1l. 5s. 51/4d.—I also found these other things on the prisoner.
THEODOER TOWSSEND . I am a pawnbroker, and live in Hunter-street I produce a dressing-case pawned by the prisoner, here is the counter duplicate—these bracelets, and things inside it were pawned at the some time—here is a brooch, and buckle, a thimble, and two smaps.
CHARLES BLAKE . I live at No.2, Field buildings, Houndaditch—this is all my property—I am a watch-glass maker—I have known the prisoner a length of time—her daughter lived with me a servant of all work, for about four months—the prisoner used to come to my house to see her daughter occasionally—I lost a great many more articles.
(The prisoner put in a written defence, pleading poverty.)
GUILTY . Aged 36—Recommended to mercy by the prosecutor. Confined Six Months.
THOMAS CLARKY . On the 14th of November, I was in Sun-street, Bishopagate-street—I felt my pocket picket—I turned and saw the prisoner in the act of passing my handkerchief to another—I said, "You have got the handkerchief, I will have you"—he started off the pavement, and threw the handkerchief behind him—I took it, and pursued, and I never lost sight of him until I took him.
Prisoner. I went to a friend's house, and he was not at home—I turned out again, and came into Sun-street, and then the gentleman pursued and took me—he had lost sight of me for five minutes, or more.
The prisoner then put in a written defence, stating that he had found the handkerchief, and given it to the prosecutor when he discovered it to be his.)
GUILTY .* Aged 23.— Transported for Seven Years.
ARTHER TUCKER . I live at Atherley, in Devonshire, and am a butcher. On the 9th of November, about twelve o'clock in the day. I had been to Smithfield market, and was returning back towards the Strand—this man ran
prosecutor sent his servant after me—I did not come immediately—he came after me, took it back, and told me to open it, which I did. up against me—there was no person going the same way—the prisoner came up to me, pulled my own hand out of my pocket, and rushed in his—my money was under my hand, in my right-band breeches pocket—there were twelve sovereigns in a purse—he took out my purse—I caught hold of him by the elbow and collar, and said, "You have robbed me"—some more came round and took my hands off—I sing'd out, "Stop him, he has robbed me"—I never lost sight of him—I have lost the money altogether—there were eight or ten persons in the gang.
Cross-examined by MR. DOANE. Q. Was not there a great crowd to see the Lord Mayor's show? A. There were, but not so much—there was a vast crowd in the street—the procession had that moment passed—I was going down on the right side, to the strand—the prisoner came in front of me, and passed on my right side, pulled out my right hand with his lift, and put his right hand into my pocket—my right hand was next the wall—he was never more than nine or ten feet from me—I have never said I did lose sight of him—he got out of my grasp—he could not be a foot from me—he got away, but I sung out, and he was laid hold of—the witness was the first that laid hold of him.
RICHARD COX . I am a butcher. I was in the Poultry—I was not acquainted with the prosecutor—I saw the prisoner drawing his hand from Mr. Tucker's pocket—he held out his hand, which was clenched, to some of his companions—I did not see what was in it—I should think he had fourteen or fifteen companions—I am sure the prisoner is the man.
Cross-examined. Q. Where were you standing? A. Very near the house—about two behind the prosecutor—I was the next person, till the prisoner came up between us—he then was behind the prosecutor—I then saw him do what had been stated—It is a mistake if any one has said he was in front of the prosecutor—I am sure I saw the act done.
JOSEPH KING . I was an extra constable. The prosecutor gave the prisoner into my custody, and charged him with robbing him of a bag with twelve sovereigns—I had been watching the mob that he belonged to—I searched him, and found on him this life-preserver, or "life-disturber," as some call them.
Cross-examined. Q. Might not many an honest and respectable man have such a thing—It is not a whip? A. Yes; but it was carried up his coat, and coiled up—It is carried by most of the swell mob.
MR. DOANE called
HENRY MOON . I am a hat manufacturer, carrying on business in Lambeth-square. I was born in the parish where I now live—I was in Cheapside on Lord Mayor's-day—I never saw the prisoner before—I saw him in the crowd—he was standing in a line with me—a rush was made, and an altercation took place—I saw a man collar the prisoner—I was pushed into the road, and a great many more with me, and the prisoner was pushed too—he had been there for upwards of twenty minutes, standing in a line with myself—I should think he had not the possibility of being next the wall, and robbing the prosecutor—I do not think he got out of my sight.
COURT. Q. He was entirely a stranger to you? A. I never saw him before in my life—there was a bit of a rush—I cannot tell for what—I have no idea that any one was robbed—I was not robbed—there were several pushed into the road with us—that is, all that were near Mr. Tucker—I think I stood two or three off the prisoner—I cannot tell who were with him—I did not go to the office with the prisoner.
Q. How came the prisoner to find you out? A. Though the medium of Mr. White—he does not know the prisoner, to my knowledge—I came in consequence of Mr. White's telling me to come.
HENRY WHITE . My father holds the office of one of the senior clerks in the Record Office, in Chancery-lane—I am one of the junior clerks. On Lord Mayor's-day, I went with the last witness, to see the show—I saw the prisoner—I never saw him before—I observed him for a quarter of an hour, or twenty minutes, as near as possible—I had been remarking the prisoner from his conversation—taking about the show—while he was standing there, I heard a cry of, "Robbery"—there was a rush forwards, and we were driven off the pavement—I turned and saw the prisoner struggling with a man in a butcher's dress—If he had been near the wall robbing the prosecutor, I must have seen him.
COURT. Q. Had he any companion with him? A. No, not that I saw—I have heard talk of a swell mob—I cannot say whether the gentleman was robbed—I did not go down to the office with him.
Q. How came you here? A. From mentioning the circumstance to a friend, a solicitor—I thought the man was ill-used—I cannot say whether the man was robbed—I have brought no witnesses here at all.
Prisoner. I can only state that I am entirely innocent of the robbery—I know nothing about it.
GUILTY . Aged 22.— Transported for Life.
GUILTY . Aged 20.— Transported for Seven Years.
ROBERT OSSITT . I am a police-constable. On the 20th of November I was on duty in Macclesfield-street, about eleven o'clock at night, and saw the prisoner behind the carriage of Sir John Richardson—I called to the coachman to stop—the prisoner was unbuckling something—I asked what e was doing—he said he was having a ride—he had got one hand behind him—I pulled it forward, and found this check-brace in it—I took him to the station-house—It had been unbuckled, and the fellow one was unbuckled, but he had not time to get that—It was hanging to the carriage.
JAMES COCKS . I am coachman to Sir John Richardson, Knight. I was driving down Accessed-street—the policeman called me to stop—I found one brace unbuckled, and the other taken off—this is my master's property.
GUILTY . Aged 18.— Confined Three Months.
RICHARD TOZER (police-constable R 149.) I was in Cheapside, about five o'clock, on Monday, the 9th of November, and watched the two prisoners in company, for about ten minutes—I saw them near the prosecutor—Hooting put his hand into his pocket, and took something out—I told Wild,
another officer—Owen was going away—I seized him, and Wild took Hooting.
JAMES WILD . I am a police-constable. I was with Tozer—we followed the prisoner for about ten minutes—I saw them very busy, trying pockets—I saw Hooting take something from the prosecutor's pocket—Owen was about to leave, and Tozer took him—I took Hooting, and found this handkerchief on him.
Hooting's Defence. I was walking along, and the policeman took me—he found this handkerchief at my feet—the prosecutor said he did not know whether it was his or not.
Owen's Defence. I was returning through the City—the policeman took hold of me, and said I was in company with this young man.
HOOTING— GUILTY . Aged 22.
OWEN— GUILTY . Aged 22.
Transported for Seven Years.
JOHN GRIFFIN . I am drayman to Messrs, Calverts, I was walking by the side of my master's dray, in Cooper's-row, on the 23rd of November, between five and six o'clock in the evening—my jacket was on the side of the dray, just against the shaft-horse—I saw the prisoner, who had got about three yards from the dray, with it—he was doubling it up, and going away.
Prisoner. I came back when you hailed me—I had picked it up, and did not know it was yours. Witness. I saw you walking away with it—If you had picked it up, you would have come to me with it—It would have been all dirty if it had fallen in the road—It had been twice round the fore-pin of the dray—I first found it one turn undone—I stopped my horse, and set it to rights; and I had not got five yards further before it was quite gone—this knife and fork fell from the prisoner.
Prisoner. I should think it nor worth while to steal a brewer's servant's flannel jacket.
GUILTY . Aged 30.— Confined Three Months.
JAMES WATT . My father lives in Crawford-street, and is a linen-draper. On the 24th of October, I saw two fellows about—I told my father, and he came from behind the counter, and watched them from over a shawl—he sent me for some beer, and as I came back, I saw the prisoner with a roll of flannel—he ran towards St. Mary's Church—I am sure he is the man—he was taken in about three hours.
Cross-examined by MR. DOANE. Q. Where were you when you first saw the prisoner? A. At our door—he was walking backwards and forwards, for a quarter of an hour, from the corner of Woburn-place to Mr. Simpson's—he was not dressed as he is now, but I can tell he is the same person, by his face and by his height—I have always been sure he is the person—I am in my twelfth year.
ROBERT WATT . About ten minutes before seven o'clock, on the evening of the 27th of October, my son told me there were some persons who he knew were thieves—I went and watched them—I sent my son out for beer for
supper—I still watched the persons, expecting they would take something from my premises—I then saw them pass vert fast—my son came running in, and said they had stolen a piece of flannel form Mr. Simpson—I saw the prisoner's coat who passed, but I could not swear to his countenance.
Cross-examined. Q. Are you sure he is one of the persons? A. I am not able to swear to his countenance. but he is the same size and height—I never saw a street-thief so tall; I always found they were small fellows—I was stooping down—I could only see his head, and part of his shoulders—he was taken, from my description—about ten o'clock, I was sent for to the station-house, and said I believed he was the person—his dress was the same and his size.
Cross-examined. Q. When did you miss it? A. When I came home, at a quarter past seven o'clock—I went out half an hour before, and it was safe then, or I should have missed it—I had three young men in my shop—they did not see any thing of it is as they were attending to the customers.
OLD COURT.—Thursday, November 26th.
Third Jury, before Mr. Common Sergeant.
52. JOHN COLE and WILLIAM HERMITAGE were indicted for feloniously breaking and entering the warehouse of Samuel Childs, on the 27th of October, at St. Mary Abbot, Kensington, and stealing there in 921lbs. of wax, value 8l., his goods.
ROBERT WILLIAM ANDERSON . I am a wax and tallow-chandler, and live at No. 62, Marylebone-lane. About nine o'clock in the morning of the 30th of October, the prisoner Hermitage came to my shop, with a basket—I am sure he is the person—It contained cakes of wax, cast in plates and dishes—he asked if I bought wax-pieces—I said, "Yes"—I put them into my scale, and asked where he got them—he said he collected bog-wash and kitchen-stuff, and that he bought them of the servants—I said I know better, and asked him who they belonged to—he said they belonged to him—I said I knew better, and asked him again; and he said they belonged to his father—I asked him where his father was—he said he was in High-street, with the horse and cart—I said, "Well, leave the wax; send your father, and I will pay him for it"—he took the basket away, leaving the wax in the scale—I followed him down the lane, and when I got into High-street, I found Cole wheeling a barrow—Hermitage had overtaken him, and was talking to him—I went up, and said. "You brought some wax to my shop just now"—he said to cole, "Where have you got this wax form?"—he said it was his own—I said that would not do—I looked about for a policeman, but could see none—I then said the best way would be for them to walk on the pavement, and I would wheel the barrow to the station-house, with the wax in it—they did so; and I wheeled the barrow till they came to William-street, Tottenham-court-road, and there they ran away—here is the wax which was brought to my shop—I weighed
the whole together at the station-house—It was 92lbs., and is worth about 1s. 11d., a pound, wholesale price.
Hermitage. He asked me who it belonged to, and I said, to a man up at the top of the street. Witness. He did not; he at first said it belonged to himself, and then to his father, who had a horse and cart down the lane.
Cole. Q. Can you swear this is all wax, or is it composition? A. It is mixed with tallow—that is done to adulternate it—It ocntains nothing else that I am aware of—all wax-chandlers, in making wax candles, use a composition, to the best of my knowledge—I took the wax from the basket myself—you did not object to follow me to the station-house—I put the wax into the basket while my brother minded the barrow.
COURT. Q. Have you looked at the articles? A. Yes; I believe it to be mixed with tallow—I should call it wax.
JURY. Q. Was the wax left at the police-office? A. I looked it there myself, and left it there after weighing it—It is the same wax—It had been in charge of an officer—I know it is the same—wax candles are not really all wax.
Cole. Q. When you went to the station-house did you not say it was old wax candles melted down, and a parcel of other things together? A. No; I could not give 1s. 11d., a-pound for it, but it is worth that to manufacture into candles.
COURT. Q. You wheeled the barrow to the office? A. Yes; what was in the basket it what was produced at the shop—the rest is in a sack here—they correspond.
JAMES NOBLE (police-sergeant.) I received the wax in the basket, and what was in the sack in the barrow, from the last witness—It is in the same state as then—on Friday, the 30th of October, I went to North-row, Earl's-court, Kensington, and found the two prisoners in bed together—I told them I wanted them to go to London—Cole said, "What for?"—I said, "You know as well as I do"—he then said, "Never mind, Bill, it is only a b----old sack, I don't care a b----the sooner I am out of this country the better, I want to transported"—I took them to the station—after they dressed, in the adjoining room to where they were in bed, I found what I should call a brief for counsel—I found a key in the pocket of a jacket, which was brought to the station in the barrow.
MR. ANDERSON. There was jacket in the barrow.
Cole. Q. You say that is the property you put in the scale; was not the basket emptied at the office, and all of it shot into the sack? A. No, it was notit was kept separate.
JAMES NOBLE re-examined. In consequence of information, I went to No. 18, William-street, Chiswick, and tried the key to the door of that house, and it opened—I found a dog chained up in the lower part of the house, and up stairs I found a sack with the name of W. Walker, jun., Enfield Highway, on it, and some basins, saucers, and dishes, with wax on them, as if wax had been melted in them—I have compared this wax with those dishes and things, and they fit—they had been as if melted into them.
Cole. When he came to our house he burst the door open, without asking to be let in. witness. I did not, I opened it with the key.
FRANCIS GOUGH . I went with Noble to No. 18, William-street, and found the basins, and dishes, and things—I afterwards went to Mr. Child's, Earl's-court, Kensington, between two or three miles from Chiswick—he is a wax-bleacher—I found the bar of the window of his store-room forced—I
went to No. 14, North-row—I know that Cole had occupied apartments there for some time—Cole's house and Child's are within one hundred yards of cach other—I observed on a wooden fence separating Cole's premises from some unoccupied premises, some wax dropped, and the second fence was broken down.
Cole. Q. You say the bar was wrenched out; in what state was the premises? A. The bar hung by a part of a screw at the top, and the moment I touched it found it was off—there were no shutters to the window—the bars are not more than six or seven inches apart—I did not measure them—there was room enough for a good-sized boy to get in—I could not perceive any exact mark of violence—the bar was out, except the top screw—It could easily be turned up—I traced the wax in the way from your premises to the warehouse, but not all the way.
SAMUEL CHILDS . I am a wax bleacher and chandler, and live in Earl's Court. Cole worked for me about two years ago—I went with officers to Chiswick, and found the wax in pots and pans at the premlses in William-street—here are two lots of wax, one from the barrow, and the other from the basket—I have compared the wax in the pans with the rest, and they correspond; and that found in the house is of the same quality as I have on my premises—my window was broken open—I had seen it a few days before all right.
Cole. Q. Can you swear that is your property? A. Certainly not, what is here; but what was found on your premises I can swear to—It is not genuine wax, certainly—there is no tallow in it—mine is a large manufactory—I suspected I had lost some—when I saw the property at the station-house, I said I had lost none of that description, because it had been melted—some might have been stolen from the bleaching-ground, but this was stolen from my warehouse—I do not positively say I lost any property, but I suspect it—I may have about two tons in that ware-house—I do not go to the warehouse every day—I had not missed any property of that description—the property found it wax and spermaceti—I am positive my premises have been entered.
JURY. Q. Can you swear to any of the wax being yours? A. Yes, this found on the premises—I could pick it out of five hundred different sorts—the grain corresponds, and no two parcels of wax can correspond in grain—this was found in the house, No. 14.
Cole's Defence. On the Tuesday before I was taken, I went to Brentfore-market; and as I was purchasing some potatoes, some pig dealers said they had wax pieces and composition candles from a gentleman's house to sell, and, understanding about such things, I bought them—I had taken the house at Chiswick the Saturday before—I thought it not worth while to take it to Earl's-court, and took it to Chiswick, and there malted it; and on Friday I took it to London to sell it, and sent it to Anderson's shop to know what he would give for it—he came out to me, threw the basket down, and I thought he had sold it—Anderson asked me to fellow him to the station-house—my wife was with me, and bad a young child in her arms—she said I had better go and look for the man I bought if of—I said, "I will, "and my wife followed the barrow to the station-house—had I not bought it, I should not have sent my wife and child to to follow the property to the station-house—I then went up William-street to Tottenham-court-road, expecting to find the man I bought it of—my wife did not come home; and knowing she had relations where she often
stopped, I thought nothing of it—the witness came to the house when I was in bed—I heard a woman say in the passage, "They will be transported for this"—I said I was sure I should not, for I bought it—the officers called up the landlady, and said, "Does he owe you any rent?"—she said, "Yes"—he said, "Take charge of his goods and chattels;" and my wife and two children were turned into the street.
Hermitage's Defence. I know nothing of it—I was employed by Cole.
COLE— GUILTY of Larceny only. Aged 22.— Transported for Seven Years.
HERMITAGE— GUILTY of Larceny. Aged 17.
Confined Three Months.
Before Mr. Justice Park.
53. CHARLES BLAKE SKERRETT was indicted for stealing, on the 19th of October, at Saint George, Hanover-square, I tin-box, value 2s.; 1 watch, value 10s.; 1 watch-chain, value 12l.; 1 scal, value 4l.; 2 watchkey's value 10s.; 3 rings, value 22l.; 1 pair of bracelets, value 4l.; 2 slides, value 1l.; 2 combs, value 7l.; 1 Pair of ear-rings, value 2l.; 2 brooches; value 4l.; 9 yards of lace 18s.; the goods of Charles Pratt: 1 coat, value 2l.; and 1 waistcoat, value 30s.; the goods of Leeds Paine, in his dwelling-house.
CAPTAIN CHARLES PRATT . I live at Totton, a village near Southampton. In October last, I was staying at the Bath-hotel, Piccadilly, which is kept by Mr. Paine—I left my bed-room about five or a quarter-past five o'clock in the afternoon of the 19th, to go to dinner—I had a tin-case in my bed-room, in which I locked up a few trinkets—I had had it open that afternoon, and the things belonging to it, I believe were all there when I left—I had seen them about half an hour before I left the bed-room—I had a padlock on it—there were a gold watch-chain and seal, and tow keys attached to it, and a hook, two combs set with topaz, a pocket-book, and three bottles of scent, and several trinkets, rings, and other things—I did not lock my room door—I returned to my room about twelve o'clock—I dined on the first floor—my wife was with me, and for it—I locked my door at night while I was in bed, therefore it must have been taken in the evening—I have seen the box since in the possession of Ballard, and some of the articles—some of them bad been pawned—I suppose them worth from eighty to a hundred guineas, at a low rate.
Cross-examined. Q. Are you sure the house is not in the parish of Saint James? A. My rates and taxes are made out in the name of Saint George, Hanover-square—I have lived there years next February—I occupy the house entirely myself.
JAMES WHITEWAY . I am a waiter to Mr. Paine—the prisoner came into the hotel on the afternoon of the 19th of October, about a quarter-past four o'clock into the coffee-room—he came in a great hurry, and wanted a bed for a night—I took his coat and his writing-desk, which he brought on his arm.
and gave them to the porter to take up to his room, went up with the porter to his room, No. 9—he came down shortly after, and ordered dinner in a great hurry—the dinner was got ready for him, and he dined—after dinner he ordered his bill, and went up stairs to his bed-room, which was directly opposite Captain Pratt's—he came down in about five or ten minutes, and asked for his bill again—I had it ready for him—I asked him why he asked for his bill as was going to sleep there that night—he said some unexpected business had occurred, and he was compelled to go to Birmingham that night by the mail—he paid his bill, and went up stairs immediately—I saw no more of him till saw him, at Bow-street—I did not see him go out—he did not sleep there.
Cross-examined. Q. Had he brought a carpet-bag with him? A. No; a desk—I saw him came, and took his coat, and desk from him—I suppose he took them away with him—I thought it strange that he should go away so soon—he appeared as he does now, only more lively—he was very busy writing when I brought his dinner in, and did not attend to his dinner till he had finished his letter.
COURT. Q. Did you go into the room, No. 9, that night? A. Yes; I went up there before he dined, but not afterwards—I am sure he is the man.
GEORGE MATTHEWS . I am under-waiter at the hotel. I saw the prisoner at the house that day—I did not wait on him, but I remember his face—I am positive he is the man—I saw him go out at about half-past five o'clock, or towards six o'clock—he went out at the private door of the hotel, in Arlington-streethe had a cloak, or some thing thrown over his arm, but I was a great distance from him—the gas was lighted—I cannot tell what he had with him exactly.
WILLIAM BALLARD . I am a constable of Bow-street office, On the 30th of October, I received information from Mrs. Abrahams, who I believe is the prisoner's wife's mother; and in consequence of a conversation, I went in company with Fletcher, another officer, to No. 18, Leicester-square—I asked for a person of the name of Jones there—I was taken to the prisoner in a room at the top of the house—he was partly dressed—It was about twelve o'clock—the landlady showed me up stairs—she knocked at the door, and said, "Mr. Jones, here are two gentleman want you."—I walked into the room, and said, "What do you mean to say your name is, Sir?" he said. "Skerret, "—I said we had come to speak to him respecting the robbery at the Bath Hotel, Piceadilly, and said, "Do you know any thing about it?"—he said, "No"—I said, "Do you mean to say you did not go there, and engage a bed without taking it?"—he said, he had not been there—I first searched the pocket of his trowsers, and then began to search the room—I turned round to the prisoner, and said, "Where is the watch?"—he said, "My watch is in the drawer"—I pulled open the top drawer, and it was not there—I said, "which drawer do you mean?"—he said, "That one," pointing to the second one—I opened the second drawer, and found this watch, with the chain and key attached to it—I took it up, looked at it, and said, "Oh, this is the watch, here are the initials, "—he said, "No, that it mine"—It had "J.B.P." on it—I then went and looked at the maker's name in the Hue and Cry, and said, "This must be the watch for here is the maker's name, and all the same"—the prisoner said, "Will you awear to that?" I said, "No, I shall leave somebody else to do that"—he said once or twice over that we should find ourselves mistaken
in our search that morning—I had seen some keys lying on the table in the room—Fletcher asked for the keys to open a writing desk that was there—we casually looked round, and could not see them, and said to the prisoner "Where are the keys?"—he pulled them from is pocket—they were a similar bunch to what I had seen on the table—I said, "Halloo, you had not these keys in your pocket when I searched you—let me see if you have anything else, "—which I did, and found a purse, containing two sovereigns, and thirteen or fourteen shillings, and four duplicates—one duplicate was for a brooch pawned find them—I have lost or mislaid them—one was for a ring pawned at Walmsley's in the London-road—one for a pair a bracelets, at the same place, and the other for a pair of ear-rings and a brooch pledged also at the same place—I asked the prisoner where the combs were—he said he did not know, he had no combs—we searched all the drawers and places, and could not find them—I took a coat in my hand which was lying down, and searched all the pockets; and as I was throwing it down, I saw a small pocket inside, in the breast, and in that I found two combs.
Cross-examined. Q. Did you pay any attention to his conduct and demeanour? A. Certainly; I observed nothing about him except to satisfy me that there was a deal of deepness—I found there a white wig, and a pair of spectacles.
ABRAHAM FLETCHER . I am an officer. I went with Ballard and examined the box—here are a pair of gold slides belonging to a gold chain, a gold ornament for the head, a gold seal, three gold clasps, a gold watchhook, tow bottles of scent, and some lace—they were all in this tin box, in the prisoner's apartment—I have had them ever since—here is a Totten, near Southampton, 7th January, 1835"
THOMAS WOODGATE . I am assistant to Mr. Cameron, No. 318, Strand. I produce a brooch which the prisoner pawned on the 27th of October—I am positive he is the man—I never saw him before—I lent him 12s. on it—he gave the name of Charles Pamperton.
JACOB BRIDGE . I am assistant to Mr. Walmsley, a pawnbroker, Nos. 41 and 42, London-road. I have a brilliant ring, pawned by the prisoner on the 28th of October—a pair of gold bracelets, enamelled ear-rings, and brooch on the 29th—he had pawned the ring previously on the 20th of October, and redeemed it on the 22nd, and re-pledged it on the 28th—I gave him 9l. 10s. for all the articles—he pawned them in the name of Cavendish—I have not the least doubt he is the man.
SAMUEL RUTTER . I am shopman to Mr. Benjamin Massey, a silversmith, in Leadenhall-street. I know the prisoner—I am certain he is the man I am going to speak about—he came on the 22nd of October, about a quarter past four or five o'clock—It was very nearly dark, but I am quite positive he is the man, he came and offered a diamond ring for sale—I have the diamonds belonging to it—they were broken out of the setting about four days before it was bought—they were three diamonds, a large one and two small ones—I have him 7l. for it—I did not ask his namehe was dressed nearly the same as he is now—there is some little alteration in him—we did not suspect any thing.
brooch I know, and the bracelet perfectly well, and all the other articles—they worth a good more than 5l.
GUILTY . Aged 19— Transported for Life. There was another indictment against the prisoner.
Before Mr. Baron Alderson
54. AUGUSTUS MONTAGUE was indicted for feloniously and burglariously and entering the dwelling-house of Henry Pace, about the hour of six in the night of the 14th of November, at St. Mary Matfelon, alias Whitechapel, with intent to steal, and stealing therein 1 watch value 3l., his goods.
CHARLES PACE . I am the brother of Henry Pace, and live in High-street Whitechapel, in the parish of St. Mary Matfelon—he is the sole occupier of the house—I am not this partner. On the 14th of November, I was at my brother's shop—he is a watch-maker—between five and half-past five o'clock I heard a noise in the shop—It was dark, and the gas was lighted—I am sure it was after five o'clock—I heard the glass break in the outer window of the shop—I ran out into street, and saw the prisoner who had been stopped by two men, returning to the shop—he was brought back to the shop—I called a policeman, and then waited outside to keep the crowd from the shop—I found a silver watch gone, which had been hanging in the window before—It had been between the outer and inner window of the shop, just opposite the pane of glass which was broken, within an inch of the again—I had seen it that morning.
Prisoner. Q. Did I appear perfectly sober at that time? A. I thought not quite sober.
JOHN BROOKS . I am a police-constable. I was called into the shop—the prisoner did not appear altogether sober—I searched him, and found a watch in his right hand, and his hand had blood on it—It appeared to be cut.
Prisoner. Q. Did you find any thing else on me? A. A razor and case, which I did not return to him—I returned every thing else to him—I was ordered not to return him the razor—I found a few halfpence on him.
(Property produced and sworn to.
(GEORGE GRAY being called, did not appear.)
Prisoner's Defence. I had a few question to ask Gray—I am sorry he is not here—I wished to have asked him, whether he saw me take out the watch—whether it was possible for him to have caught me at the time, and not suffer me to walk off—I wish to show I walked slowly after taking the watch out of the window, by which it would appear I had no intention of taking the man's property—I took it would appear I had no inlooked at it, and walked slowly away—If I had intended to take it away, I should have acted in a different manner.
GUILTY of housebreaking, not of burglary. Aged 21— Confined One Year in the Penitentiary, and then Transported for Fourteen Years.
Before Mr. Justice Park
55. SARAH SQUARE, alias Bowling, was indicted for stealing, on the 25th of October, at Paddington, 4 forks, value 2l. 12s.; 11 spoons, value 7l. 10s.; 3 ladles, value 4l. 10s.; 1 tea-pot, value 7,; 1 tea-pot stand, value 10s.; 1 mug, value 5l.; 1 sugar-sifter, value 1l.; 1 neck-chain value 2l.; 1 pair of ear-rings value 10s.; 3 rings value 1l. 10s.; 1 pair of shoe-clasps, value 5s.; 1 pair of buckles, value 5s.; 2 necklaces, value 9s.; 2 fruit-knives, value 7s.; 1 locked, value 3s.; beads, value 2s.; 2 shirts, value 1l.; 1 purse value 6s.; and 1 foreign silver coin, value 1s. 6d: the good of Francis Roe, in the dwelling-house of Joseph Brahman; and JOHN BOWLING was indicted for feloniously receiving the same, well knowing them to have been stolen, against the Statute, &c.—2nd COUNT, for receiving them of an evil-disposed person.
HARRIET ROE . I am the wife of Francis Roe, and live in Cambridge-street, in the parish of Paddington. We lodge in the house of Joseph Braham, and had lodged there six months—the female prisoner was one of the servants there all that time—the lodgings were furnished; but we had various things of our own there. On the 27th of October, I missed about 50l. worth of plate, all at once—It was kept in a truck in my bed-room—I generally kept the trunk locked—I found it unlocked, and on examining it, I missed the property—I cannot positively say I had left it locked, but always considered it was locked—I have since seen a fish-knife, and some table-spoons, some dessert-spoons, and some tea-spoons, some forks, and pair of broken sugar-tongs—I am sure they were all safe on the 29th of September, nearly a month before—the prisoner made my bed, and cleaned my room constantly—I said nothing to her about it.
Cross-examined by MR. PHILLIPS. Q. I believe had been confined by illness? A. Only for two days—I had not examined my trunk for nearly a month—at what period during the month they may have been taken, I cannot say—they might be taken two or three things at a time—I was never in the habit of leaving my keys in my trunk, but finding it open, I imagine I had left it so—there was another servant in the house.
COURT. Q. Is there any one article which in value would have amounted to 5l? A. Yes, much more—there is a tea-pot worth quite that alone—I believe that has not been found—I had had it many years—It was given to me by my brother, who had it several years—I have been told it was worth 6l—It is not in the present fashion.
ELIZABETH BRAHAM . I am the wife of Joseph Braham. He is the housekeeper—the house was in the parish of Paddington—the prisoner was my servant, and had so about six months—she was a sort of houses-maid—I had another servant as cook, and to attend to the family—I heard of the plate being missed, and asked the prisoner if she knew any things respecting the plate that had been missing—she at first said, no she knew nothing of it—Mr. Roe then fetched a policeman, and while he was gone I told her she had better tell the truth—she knew a policeman had been sent for—a police-officer came, and took the prisoner and the other servant away—she said something to the policeman about the cook, and she said she knew the box was open, but she had not stolen the plate—she was taken to the station-house—I a house at Hendon, and sometimes go there.
BENJAMIN BRITTAIN . I am policeman. I went with Mr. Roe to his house about eleven o'clock at night, and took the prisoner was searched in the parlour of the cook to the station-house—the prisoner was searched in the parlour of the house by Mrs. Braham, and some other females, but nothing was produced—the prisoner never said any things about herself—she said, when she got to the
station-house, she would tell what had become of the plate, and that she had not taken it, but the cook had.
CHARLES WALTON . I am a pawnbroker, and live in Marylebone-street. I have two dessert-spoons pawned by a female about nine o'clock in the morning, on Monday, the 36th of October, in the name of Crisp—she said she came from Crisp, and her own name was Cochrane—that Crisp was a lady living in Welbeck-street—the woman who pawned them is not in custody—It was not the prisoner—when she went out of the shop she was alone—I have always said so—she joined another woman in the street—I should not have known that woman—she was about twenty yards from me when she jointed the woman—I sent a person to watch them.
MRS. BRAHAM. The cook's name is Barry or Barrow, not Doyle—my conversation with the prisoner was at the time Mr. Roe was gone for the policeman—I said she ought to tell me the truth—I do not know whether it was at the time Mr. Roe was gone, or after he returned—It was either while he was gone, or after he returned—I do not know that she knew he was gone for the officer—Mr. Roe was in the parlour when he said he would go for an officer—the prisoner at that time was in the kitchen—I told her the property had been lost, and nobody had been in the house but the servants, and of course Mr. Roe would fetch a policeman.
CHARLES CLARKE . I am a policeman. I produce this property, which was found at the prisoner Bowling's lodging, on Wednesday; the 28th of October—he lodges at No. Edwards's-place—I found him there, with his children in bed, about half-past nine o'clock at night—I asked him for a bundle which his daughter had brought there—he said he had got no bundle—I said it was no use telling me, for I had watched her in, and saw her come with a blue bundle—I said so, but I had not seen it—he said he had not a bundle, and that I had better take him to the station-house if I wanted him—he wanted to get out of the room—I stopped him, and said, "Stop a bit, we must look round the room first"—Mr. Roe was with me—I minded the door, and told Mr. Roe to look about hold of a small basket, with bread and butter at the top of it, and said, "This seems very heavy, officer"—I said, "Pull out what is in it?—he said, "You had better come yourself" and he came and took care of the door—I went to the basket and found tied up in a small blue handkerchief, at the bottom of the basket, a silver fish-slice, four silver table-spoons, four dessert-spoons, two dessert-forks, and two table-forks—I the bundle and showed Mr. Roe the crest, and he said, in the prisoner's hearing's hearing, "They are my pro-pertly"—I still pursued the search the search further, and three shirts, shirts, one belonging Mr. Roe, the others on the floor, a pair of silver shoe-buckles, and three shirts one belonging to Mr. Roe, the others have been given up to Mrs. Braham—I then said, I must take the prisoner to the station-house—he kept shuffling about, I called for a light, and found on him this purse, containing two silvers fruit knives, a silver-gilt neck-chain, three finger-rings, a locket, a pair of car-rings, a silver-gilt neck-chain, three finger-rings, a locket a pair of coin, and Mr. Roe claimed all the property—I found fourteen half-sovereigns on his person, and six duplicates, four of which have been returned to him—I found him in a small back parlour, in Edwards's-place, which is a court without a thoroughfare.
Cross-examined Q. Is it a lodging-house? A. Yes.
MR. ROE. I was with the officer, his evidence is perfectly correct.
Bowling's Defence The cook of the house brought me these things.
(Martin Macklam, rope-maker of Brook-street, gave the prisoner Bowling a good character.)
BOWLING— GUILTY on the second Count. Aged 48— Transported for Fourteen Years.
SQUARE— NOT GUILTY
First Jury, before Mr. Recorder.
56. SARAH SQUARE, alias Bowling, was again indicted for stealing, on the 22nd of October, at Paddington, 6 spoons, value 1l. 10s.; part of a butter-knife, value 5s.; 1 shirt, value 3s.; and 1 pair of stocking, value 1s.; the goods of Francis Roe; and BRIDGET DOYLE was indicted for feloniously receiving the same well knowing them to be stolen, against the Statute, &c.
HARRIET HOE . I am the wife of Francis Roe. I lodge in the house of Mrs. Braham, Cambridge-street, and occupy the first and second floors—I lost some spoons, part of a butter-knife, a shirt, and a pair of stocking about the 22nd of October—the spoons were silver—I lost a great many—the shirt was worth about 10s—they were my husband's property—I was unwell on Tuesday, the 27th of October—I had a trunk in my room, of which I keep the key—I observed the hasp of the trunk was resting on he ledge—It was not locked—I looked into it and the trunk this property and a good deal more—It did not appear broken open—It must have been opened by a key—I kept the key in a drawer in my bed-room—the prisoner square was housemaid to the landlady, and had access to the room every day, to make the bed, and clean the room—I only know a good deal of my property was found in possession of Square's father, who had been convicted.
Cross-examined. Q. I believe there was another servant? A. Yes, a cook—she had access to the room occasionally
ELIZABETH BRAHAM . I keep the house in question. Square was my housemaid—I never saw Doyle till she was apprehended—Square was charged with taking the property—she said he knew it was gone, but she had not taken it.
BENJAMIN BRITTAIN (policeman D 73) I went to the house, No. 40, Cambridge-street, with Mr. Roe—I took the cook and Square into custody—she did not admit any thing, but charged another party as being the thief.
JAMES COPAS (police-constable D 128). I went with Mr. Roe to No.5, Edward-place, Seymour-pace, and found Doyle there—I asked her if she had pawned any plate—she said yes, she had pawned three silver tea-spoons a butter-knife, and salt-spoon—she said she received them from Mrs. Crisp, who resided in Red-lion-yard, Edgware-road, to pawn for her—I went there, but found nobody of the name of Crisp there—Doyle was afterwards searched at the station-house, by a female named Buck, but not in my presence, and she produced to me eleven duplicates and a purse—they relate to some of the property lost—I have them here.
Cross-examined. Q. Did you ask if any body of the name of Crisp lived in Red-lion-yard? A. Yes, and they never knew any such
person, that never had lived there—I am sure she said Red-lion-yard, Padding, at Mr. Easton's
SAMUEL WATSON . I am in the employ of Williams and Co., pawnbrokers, Crawford-street. I produce a salt-spoon, and a broken silver those found—she asked 3s. on the articles—master lent her 2s.9d.; and asked if they were her own n property—she said, "No, I bring them for Sarah Daley, who lives at No. 42, Red-lion-yard," and gave her own name Ann Doyle—she pawned on the same day two tea spoons for 5s., in the name of Sarah Christian by Bridget Daley—she said Christian was a housekeeper at No. 40, Red-lion-yard, Edgware-road—she had been in the habit of pawning at our shop—I have a shirt pawned on the 19th of October, for 3s., in the name of Ann Doyle, lodger, No. 11, Edward-place—the counterpart of the duplicate of the sheet is among those produced—I cannot say the prisoner is the person who pawned that.
Cross-examined. Q. When she pawned the spoons, she said she came from Daley? A. Yes, master wrote it down in my presence—I will swear she did not say Crisp—my attention was called to the circumstances on the Wednesday afterwards—we have at least one hundred customers every day at the house, but I took particular notice of this transaction—I never mistake the name a person gives—I will not swear I have not mistaken a name, but I did not in this instance.
JAMES WALLIS . I am in the employ of Mr. Tomlins, a pawnbroker, in Upper George-street, Bryanston-square. I have two tea-spoons, pawned for Harriet Crisp—I am positive the prisoner was the person—she was asked question, and said her name was Julia Doyle—I did not take the articles in myself, but I was present, and they were shown to me—she told me she pawned them for Harriet Crisp—I was standing by at the time the young man wrote the duplicate out, and I saw it was correct—the young mans who took them, in brought them to me, and said the person had asked 4s. on them—It was two silver tea-spoons—I said, "Lend 4s"—I am certain the prisoner is the person.
Doyle You said before the Magistrate that it was not me. Witness said, as I do that she was the person—I have not the least doubt of her.
Cross-examined. Q. How many people come to your shop in a day? A. I do not know, there may be two hundred or more—I am not mistaken in the prisoner—I took particular notice of her at the time as I was taking in the pledge—I was standing by the shopman at the time—I cannot say whether any body else was present—people frequently come for other persons.
FRANCIS ROE . In consequence of information which I received, I went with Copas to the lodging of Doyle, and asked her if she had pawned any tea-spoons—she she had, at a pawnbroker's Mr. Graygoose, for a Mrs. Crisp—I asked her where Crisp resided—she said I should find her at Mr. Easton's Red Lion-yard, Edgware-road—the policeman, at my request, did not take her into custody at that time—I went with him to Red Lion-yard, and saw Easton—I found there was no such person as
Mrs. Crisp—I sent the policeman to bring Mrs. Doyle into the presence of Mrs. Easton; but she asked me to call on Crisp at Mrs. Easton's and she lived in Chapel-street—I went there with the officer, and entered the house—I asked if they had such a lodger as Crisp—they had no such lodger—I called the prisoner Doyle in with the officer, and she said she must be mistaken—she said she was going to call on Crisp, and had met her in Chapel-street—I asked her where she would have gone after her, if she had not seen her—she said she did not know.
Cross-examined. Q. In all probability the shirt was safe on the 22nd of September? A. It is scareely possible, as it appears to have been pawned previously—Doyle did not not hesitate in saying Crisp gave her the things; for at the time, I believed it, and begged the policeman not to take her, thinking I should find Crisp at Rion Lion-yard—there is but one house in the yard.
Doyle There are plenty of witnesses to prove that Barry, my lodger, gave me the shirt to pawn; and as to the stockings, he sent them to me by a little girl—James Barry kicked up a row at my house—he told me to pawn his shirt, and take it out, for 9. and pawn a flannel-jacket for 1s. 6d.—1 had 5s. out—I two beds in the room.
HERRIET ROE re-examined I am quite certain of the shirt, from the particular make of it—the mark has been cut out and a piece inserted where the mark was—It was not made in my own family, but I know it by the make, and size, and quality of the linen—the mark is cut out at the corner, and a fresh piece inserted of a different quality and texture—I cannot say when I had seen the shirt—I did not miss any whether it was dirty or clean—It was not in the box, but in a drawer—It might have been lost several days before—I lost a great many things.
MR. ROE. I have not a doubt of the shirt—my shirts are made in a very peculiar with collars that are buttoned on—I do not positively swear to it—I think most collars are made to tie, but but mine buttom all round.
(Thomas Potter, a baker, of Lisson-grove; Edward Blake, of Bell-street, Lisson-grove; Dennis Dougler, of Saffron-street, Saffron-hilll Edward Kelly, a publican, of Crawford-street; and Morris Cochrane, of Edwards's-place, gave Doyle a good character.
DOYLE— GUILTY . Aged 42— Transported for Fourteen Years.
SQUARE— NOT GUILTY .
57. JOHN DAVIS was indicted for stealing, on the 10th of November, at St. Matthew, Bethnal-green, 20 yards of silk, value 6s., the goods of William John Speaight, in the dwelling-house of Thomas Smith; and ELIZABETH HILL and MARY HILL were indicted for feloniously receiveing the same, well knowing them to have been stolen, against the Statue
WILLIAM JOHN SPFAIGHT . I am a silk weaver, and live in London-street, Bethnal-green. Davis worked in one of my looms, for about six weeks—he founds his won work—he had it from his own employer, and worked it at my premises—he was to pay me 3s. a week for the use of the
loom, and his tea—he never paid me any thing himself, I have received part of the money—I had some silk which I was answerable for, and lost it form one of my looms—It was 29 yards of violet colour, worth 6l.—It was in the same room as he worked—I missed it on Tuesday the 10th of November—he came to work about seven o'clock that morning, but he never came to work afterwards—I have seen my silk at the pawnbroker's—Hannah Eggington worked in the same room—Davis was apprehended by Reed, and said, "I will give myself up"—Reed said, "Oh, you vagabond"—Davis then said, "you have got to prove I took it"—Brown the officer had gone the back way the house in Chester-street, and Reed waited at the front—the prisoner came to the front, and said, "I will give myself up"—nobody had ever charged him with any offence.
Cross-examined by MR. PAYNE. Q. Was Brown in an officer's dress? A. He is a worship-street officer—the prisoner had seen Brown get over the back-fence—he came to the front, thinking to escape, and on seeing Reed, said, "I will give myself up"—the silk was in Thomas Smith's house, and I occupied the workshop—It has not a separate entrance to it—I saw the silk on the 10th of November, about two o'clock, in the loom—I left Davis at work there when I went out—It is form 4s. 6d. to 5s. a yard—the house in is the parish of St. Matthew, Bethnal-green—I missed it all at one time—when I was informed of it, about eight o'clock in the evening—the prisoner's own work was also gone—when I saw it at the pawnbroker's it was folded up—I do not know whether the whole twenty-yards were there.
COURT. Q. Is it worth 6l. to you, or to sell? A. To sell at the wholesale price—It is not exactly in a finished state—It would take about half an hour to finish it off—It would fetch 6l. in the state it is in.
MR. PAYNE. Q. Did you ever sell any? A. No; my employer told me it was worth that—he is not here—It is a particular kind of work, very rich—I can swear there are more than 27 yards—I did not measure it—we never measure till the whole piece is finished, but when we turn on, a bill comes off at every twelve yards.
HANNAH EGGINGTON . I live in London-street—I am a single woman, and work in the same shop as the prisoner—I left him in the shop on Tuesday evening the 10th, about six o'clock—I did not see him after that—his work, and the prosecutor's were both safe at the time I left—the windows were fastened—when I was going, the prisoner said he should make half a yard more, which would take him about an hour—I came back about eight o'clock, and found the back window open, and hid work cut and gone—the window must have been opened inside—I got a light, and found his work cut form the loom, and some of it on the floor—that was about two yards—I fetched Mr. Speaight up—my work was also cut form the loom—that is what the prosecutor spoke of, I had been employed on it—Davis used to come about seven o'clock in the morning—he never returned afterwards.
Cross-examined. Q. Do you ever buy or sell this sort of silk? A. No; our employed told us it was worth 6l.—my father-in-law's name is Thomas Smith—the house belongs to him.
THOMAS SMITH, JUN . I shall be ten years old next June—I live at No. 1, London-street—I recollect the prisoner's working at my father's, the day after Lord Mayor's day and he did not come any more—I was at home—Davis was there between six and seven o'clock that evening—I let him in twice—It was dark—he went up without a light—he staid about twenty minutes, or a quarter of an hour, and came down,
and slammed the door—he came a second time, and I let him in—he staid about ten minutes that time—I did not open the door to any body that evening but him—Eggington came in afterwards.
HANNAH SMITH . I am the wife of Thomas Smith, and live in London-street, Bethnal-green—Speaight occupied our workshop—I was at home on the 10th of November, about six o'clock, with my husband and little boy—Davis was left there, and went out shortly after Eggington—nobody could go up-stairs to the room without my knowledge—they must open there doors; and the street-door is always kept shut—a knock came to the door—I sent my boy to open it and heard the prisoner Davis say, "Tommy," to my boy—he went up in the workshop, and staid there a quarter of an hour, or twenty minutes, and slammed the door very hard—he came back a second time—my son let him in—he staid about the same time; and I heard him go out again, and shut the door after him—he used to come to work about seven o'clock, but he never came afterwards—I afterwards went to the room, at eight o'clock, at night, and missed my daughter's work and the prisoner's work was lying a little in the ground—the workshop in on the first floor—the window was open—nobody could get into the room that way without breaking a pane of glass, and no glass was broken—the window must have been opened form the inside, as it fastens with an iron fastening I am certain nobody came in between the time Eggington went out and the prisoner's going, except a basket of clothes coming form the mangle, which I took in myself, and shut the door again—my sister was with me.
Cross-examined. Q. When had you seen the window fastened? A. In the afternoon—I must have seen if it had been open—I saw it fast—It opens sideways.
SAMUEL REED . I am a silk-weaver, and live in North-place, Bethnal-green. I have know Davis some time—he used to lodge at his mother's No. 13, Cheshire-street, Waterloo-town—In consequence of in in the house, by his mother's leave—I watched again, the following morning, and went to Worship-street officer, and fetched Brown, the officer, with a search-warrant—we searched No, 13, he was not to be found there—we went into the back-yard, and Brown thought he saw him go from the parlour of No, 16. which is the next house—I went to the front-door, and was going to knock, but the door opened; and the prisoner Davis whom I always knew by the name of Crawley, appeared—I caught him in my arms—he said, "Oh, I will give myself up"—I said, "Oh, you vagabond"—he said, "Ah, you have got to prove first, that I have taken the work"—I will not be positive whether he said "work," or "it"—It was one or the other—I told him there was not the least shadow of a doubt but he had taken it—Brown came in, and I gave him to him—I had not mentioned the work to him, or silk, or any charge at the time he said, "You have the prove I took it."
Cross-examined. Q. Do you swear you said nothing else to him, but "Oh, you vagabond?" A. I do swear it—I work for Mr. Emerson, Spital-square—No, 16, is next door to his mother's house—this was on Wednesday the 11th, about cleven o'clock, or later—It might he twelve o'clock.
JAMES BROWN re-examined. I took the prisoner form the witness—I did not say a word to him till Was going with him to the office—I then said, "This a black job"—he said, "You have got witness to prove I took it."
Cross-examined. Q. you had not seen the silk when you said it was a black job? A. No; that is all I know.
SAMUEL REED re-examined. In consequence of information I went to No. 110, New Gravel-lane, Ratecliffe-highway, on the 19th of November, and saw Elizabeth Hill there—I told her I had been with Jack Crawley the night before, and he had told me, she had got the duplicate of some silk she had pledged for him—her answer was, so help her God, she had neither pawned the silk, nor had she the duplicate; and in a moment afterwards she acknowledged that her sister pawned the silk, but she gave the duplicate and money to that man—but she did not know his name—Mary Hill came in at the time of our conversation, I turned round and asked her if she had got the duplicate—she said, no, she had not—I said, "It is no good telling me a lie, you knew you have got it"—she said, no her sister had got it—I turned round to her sister, and said, "you have got it, for one of you must, for he told me, he had three yards of brown silk, and he had left that, and the duplicate with you"—I said, "One of you must have it"—Elizabeth said, "No, neither of us has got it, for I desired my sister-to pledge the silk"—I asked Mary where it was pawned—she took some coral beads off her neck to go and pawn at the same shop, as the silk was pawned—I went with Brown and Mary, to Kennedy's, No.184, High-street, shadwell, and saw the silk, and recognized it, having seen it before.
JAMES BROWN re-examined. I went with Reed to the house where Elizabeth Hill was, and said, I was informed she had duplicate of some silk she had pawned for Jack Crawley—she said, she had not, the sister came in—Elizabeth gave me a pocket-book, the duplicate of the silk was not in it—but I found a duplicate in it, with the address "No, 13, Cheshire-street" on it—I asked how she same by that, she said the prisoner's sister had given it to her—I said, I am information you pawned the silk"—she said, "I did not, but Crawly brought the silk to me, and I sent sister to pawn it;" and the sister who was then present, said, "Yes, I pawned it at Kennedy's, in High-street, for 1l."—I said they must go with me—she said, she must get her cloak out of pawn, and took her bends off to pawn, to redeem it—Elizabeth said Crawley brought the silk to her, and she declined buying it, which he wanted, and refused to pawn it, but he sent Mary with it who gave him the duplicate and money.
Cross-examined. Q. Did she not say Crawley had represented the silk to her as his own? A. Yes; I asked Elizabeth how she came to the office the day the man was committed, if she did not know him—she said she was there—I told her she had taken him money and victuals—she said she did—I said, "I am informed you have sent more money and provision to him now"—she said she had.
BENJAMIN CUTHBERT . I am shopman to Lawrence Kennedy, a pawnbroker, in High-street, Shadwell. I produce about twenty-seven yards of silk—I have not measured it—I took it in pawn for 1l., which was the sum asked—In the name of Ann Young—It was pledged by the prisoner, Mary Hill.
Cross-examined. Q. Form Your Knowledge of the property, is that not likely to be a good deal under the value? A. Certainly; I expected it
to be redeemed—she was in the habit of pawning a great many things at our shop before—very good things, and redeemed them afterwards.
MR. SPEAIGHT re-examined. This silk is mine, and what I lost—I know it by the marks at the beginning, which I made myself—It id meant for ladies' cloaks—It would sell for four or shillings a yard, wholesale price.
Davis. I am guilty—I took it to Elizabeth Hill's house, and told her it was my property—I asked her to buy it—she, "No"—I asked her to pawn it—she would not, but said her sister would take it—she asked if it was my own, over and over again—I said it was my own.
DAVIS— GUILTY of stealing under the value of 5l. Aged 23.
Transported for seven years.
ELIZABETH and MARY HILL— NOT GUILTY .
NEW COURT.—Thursday, November 26, 1835.
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY .— Confined Three Months,
FINNEY ELDERSHAW, JUN . I am a linendraper, and live in Stanhope-street, Clare-market. The prisoner came in about half-past five, or a quarter to six o'clock, on the 9th of November, and asked to look at some merinos, which I showed her—she said she would call again in the evening—she then asked to look at some silks for bonnets—I went round to another counter, and she did not follow me very quickly, which gave me suspicion—she had a large cloak on she—looked at some silks, and said, "Cut me off one yard of that; here is a shilling; I will call again in the evening"—she went off very quick, which gave me suspicion—I looked, and missed some merino—I went in about a quarter of an hour, to my neighbour Allen, the pawnbroker, where I saw the merino—they were doubling it up.
THOMAS WINDSON ALLEN . I live with my father, four doors form the prosecutor—I took in this piece of merino form the prisoner, in the name of Lea—I have know her by the name of Lea, for the last two years—I described her person to the prosecutor.
Prisoner. Q. Do you know any thing against my character? A. No.
SAMULE GARDINER (police-constable F 98.) I produce a certificate of the prisoner's conviction, which I got form the Clerk of the peace, for Westminster—the prisoner was tried and covicted, by the name of Bridget Tye—she is the same person.
Prisoner's Defence. It was brought and given to me in the street.
GUILTY . Aged 40,— Transported for Seven Years.
JEREMIAH BANCKS . I am a labourer, and work at what I can get—the prisoner is a stone-sawyer—he lodged with my mother, where I live—he came on Sunday, and lodged there three days—he slept with my brother, and I slept in the same room—I had a box there, which I kept locked—It contained some books—I was accustomed to leave the key on the mantel-piece, in a small mahogany case—I went to the box on the 3rd of November, to deposit some papers, and placed the key in its place, as usual—the prisoner was in bed—It was my custom to get up first—I got up, on the 8th, looked for the key, and could not find it—the box was locked—I suspected something, and broke it open—I missed thirteen books—I have missed other things since, which I did not recollect at the time—I had the prisoner taken up—he said he knew nothing about it.
CHARLES PARKER . I am in the book-trade, and live in Broad-street, Bloomsbury, I purchased these four books of the prisoner—I never recollect seeing him before—mine is a shop with the front out—they are books of Catholic divinity—I paid 1s. 6d. for them—they would not weigh one pound without the covers, which would be useless—I did not ask his name—he said he had bought books of me, but I do not recollect that he was ever at my place before.
Prisoner. Q. At what time of the day did you buy these of me? A. On Friday, the 6th of November, very shortly after nine o'clock—I was just taking my shutters down.
Prisoner. Q. Will you state what time I left your house, you were at home at the time? A. On Friday the 6th of November; I could not be at home—I was at work at half-past six o'clock in the morning,
Prisoner's Defence. He and his brother, and mother, and another lodger were present when I left the house—I slept there for six nights—on the morning that the books were missed I was at home, and had my breakfast—It was half-past nine o'clock before I left there,
GUILTY . Aged 33,— Confined six Months.
FRANCIS SPICE . I am a butler, I was in Drury-lane, at twelve o'clock on the 2nd of November—Rowland Hunter told me something, and I saw the two prisoners run away—they were not more than two yards form me at the time—they both went the same road, and were taken by the policeman—I did not see either of them with the handkerchief.
WILLIAM SMITH (police-constable F 158.) I was informed of this, and followed the boys—they were running down Parker-street and there Pearson followed them through several streets, into Newport-street, Drury-lane—I threw this handkerchief form his breast on the pavement—I caught him, and some gentlemen took Collins,
Pearson's Defence. I did not throw it down, it was by my side—It fell down there—I never took it.
Collins Defence. I did not touch the handkerchief at all,
PEARSON— GUILTY . Aged 13,— Transported for Seven Years.
COLLINS— NOT GUILTY .
62. THOMAS HOLDING was indicted for stealing, on the 8th of November, I sack, value 2s., and 1/2 bushel of peas, value 4s., the goods of Isaac Ratfort, his master, and that he had been before convicted of felony.
RICHARD HEMMINGS (police-constable K 47.) On the 8th of November, at a quarter-past seven o'clock in the morning, I was in Bow Fair-field, near the church—Mr. Ratford's premise are there—he has a homestead, and barn there—I saw the prisoner about forty or fifty yards form the barn, coming form it—making his way into Old Ford-foot-path in the meadow—he had something under his arm, and something in his right hand—I thought it strange, and went towards him, to meet him—as soon as got to the end of the field, he looked at me, and threw what he had over his shoulder—he ran, I pursued, and sprang my rattle, and he got over a bank, I then lost sight of him—he was taken about eleven o'clock in the morning—when I saw him in the morning he had a cap on, and a flannel jacket—I knew him before—I picked up this sack over the first bank, where he had jumped over—when I was called to the station-house to see him at eleven o'clock, I said he was the person, but there was some alteration in his clothes—my inspector ordered me to take one of the shoes he had on, and one form those he had at home—I went to the marks where he got over—I placed a boot on the track, it fitted the marks in all respects,
Cross-examined by MR. DOANE. Q. Why was it you examined the boot mark? A. I could see the shoes had not made the mark—they were very small nails, but the boots fitted the marks—he had the shoes on when I saw him at eleven o'clock—he was about forty or fifty yards form the barn when I first saw him—It was a fine clear morning—I was about sixty yards form him—I had no doubt he was the man, because I knew him quite well—I swore positively to him before the Magistrate—I told the inspector what I have said here, when he told me to go, and get the boots—that was before I went to the Magistrate.
ISAAC RATYOAD . I am a market-gardener, and farmer, I have a homestead at Bow—the prisoner worked as labourer for me, for five years—there was no reason for his being at the barn that morning—this sack is mine—It is a seed, sent to me with seed in it—It is not marked—they charge me for them—we may keep them, or return them as we please—these peas are mine—I know they were thrashed, and in the barn—I keep the barn locked.
Cross-examined. Q. You Keep the barn locked? Yes—I have always been as positive about the sack—I have no other mark on it, but that it is a seed sack—I know it by my peas being in it they are not split peas—they are clean—I go into the barn every day—the peas lay there in sacks I swear they are mine—I have a sample form the bulk.
RICHARD JAMES . I went to the barn on Monday morning, and saw the things were different, and as much as a peck and a half of peas were gone—I thrashed these peas—they are as much a like as can be—I can see no difference.
Prisoner's Defence. I am quite innocent—I was at home till about a quarter past seven o'clock—I cannot say to a minute or two—I was not called out of bed till past seven o'clock.
COURT, Q. How far is your house form Mr. Ratfords? A. I suppose ten minutes walk—the prisoner has lodged with me eight months—my husband lives at home at home with me—I have known the prisoner between four and five years I never talked to him about where he came form—I
called him at past seven o'clock on that Sunday morning—there is a pair of stairs between his room and mine—I called him by his name—he only dressed once that morning—he has a pair of boots, an a pair of shoes—I did not see him when he went out—I saw him come home—he had this light shoes on—he always puts on hoses on Sunday—I could not help seeing him—he had on the same coat as he has now—he has two coats—I have no use of r peas—I have no pigs—the prisoner did not answer when he was called—he did not make any particular answer—he made some answer—I do not mean to say that he was awake.
GUILTY , (but not of the former conviction).—Aged 22.
Transported for Seven Years.
MARY PATTISON . I live with my father, George Pattison, who keeps a clothes shop in Grate James' street, Marylebone. On the 2nd of November I saw the prisoner, and two younger than himself, lurking about the window—I observed him well, so as to know him again; and at half-past nine o'clock I was sitting in the parlour, I saw the prisoner on the threshold, reach ling them up, and putting them under his arm—I called "Stop thief, "and he was taken almost directly—the policeman brought him back, and asked if he was the person—I said, "Yes"—he said, "Me"—I said, "Yes, it is you"—I am positive he is the person.
Prisoner. I wish to know what she can swear to me by in a dark night. Witness. It was not very dark—I saw you lurking about which made, me take particular notice of you are the man who took the property.
HANNAH NEARY . I live at No.19, Great James-street. I was standing at a door, and heard the cry of "stop thief "—I turned and saw he prisoner coming along, running fast as he could. with a bundle under his arm—he threw it down an area—I told a person, and it was taken up in my presence.
Prisoner. I wish to know whether you take her evidence, she is a regular receiver of stolen goods, and stole a shift from a person, it was taken out by her, I live not far from where she lives. Witness. I keep a greengrocer's shop l—I I have en him before.
JOHN MANNING (police constable D 44.) I heard a cry "stop thief" and saw the prisoner run out of Great James street—I pursued, and called to him to stop, he stopped—I came up to him—he said, "It is not me"—I said, "Why did you run"—he said he was following a person of the name of Cruikshnaks—I said no person was running before him—I brought him back—Mary Partiosn said immediately that he was the man.
Prisoner. I heard a cry "stop thief," and followed round the church, the officer came up and desired me to stop—he took me to the young woman who said it was me.
GUILTY Aged 20— Transported for seven Years.
ANN CULLIS . I am single. I was at the corner of Sutton street, Soho square about a quarter past five o'clock in the afternoon, on the of November—I live at No.17, Liverpool street, queen's cross, and am servant to Mr. John pearson—I was going to Greek street—I did not know the way, and was directed wrong—I went down Sutton street—I heard some persons behind me, and some females say, "Where have you been?"—I took no notice, e but heard them speak again tome—I then found some were four besides the prisoner—they pulled a second time, and then they got it off—It was the prisoner pulled it off—I asked her for it, and saw two or these times—she said she had to got it ad struck me reticule form my arm, and threw it in the road—I then screamed out—she told the rest of the girls to pick it up twice. hut they did not—I picked it up—she ran away, and the girls as well—I lost my veil and handkerchief—I was greatly alarmed, and was crying is the a young man come to my assistance—I am sure the prisoner is the person—I saw with the veil in her hand, and give it to another young girl—I saw them hand it from one to another.
HENRY BRAINE . I saw the prosecutrix in great distress, crying—when I came up I Saw the prisoner struggling with a gentleman—she got away from him—I crossed over and asked the prosecutrix what was he matter—she said she had been knocked down and robbed—I know the prisoner—I live at the corner of Sutton street—she is always about there with a pack of girls—she is called the queen of stared—she was taken there—I quite sure she is the person.
Prisoner. You never saw my face before. Witness Yes, I know you very well.
JAMES NOCKALL . I took the prisoner at the Crown gin shop, at the corner of crown street and told her what I took her for—she made no answer; but told me. at the waiting-room, in bow street that she was with two or three other girls, and the other girls took it, and ran away.
GUILTY Aged 19— Transported for Fourteen years.
65. JOHN DAWKINS was indicted for stealing, on the 31st of October, 2lbs., and 10 oz. of mutton, value 11d.; 10oz of pork, value 1d. and 10oz of pepper, value 15d.; the goods of Thomas Summerlin, his master.
THOMAS SUMMELIN . I am a butcher, The prisoner had been formerly in my service but had left me—I gave him a dy's work on Saturday morning, the 21st of October and when I came home from marker, I under the stairs—about one o'clock I went and marked it—I took no further notice till about eleven o'clock at night I when a policeman came round—I told him to be near my door about twelve o'clock—about la quarter before twelve o'clock I paid the prisoner, and said, "Go down; and get your supper "—he did to leave till a quarter to one o'clock—he then went out—I went down and the mutton was gone—I followed him and the policeman was speaking to him)—I said, "You have something about you—I said to the policeman, "I give you charge "—he took him into the passage, and found this bag of pepper on him, which I could not swear to,
but I had pepper of this description—the next thing was, some pork chops,—I said, "You have something more about you"—he said "I have not; you can search me"—the policeman opened his waistcoat, and found this mutton—I said it was marked; and it was so—here is a cross that I put upon it.
The prisoner pleaded poverty, and received a good character.
GUILTY Aged 27—Recommended to mercy— Confined Four Days.
66. SARAH READ was indicted for stealing on the 16th of November, I tea kettle, value 4s. I looking glass value 4s. 1 sheer, value 2s. 3 blankets, value 13s.; and 2 pillows value 4s. the goods of Mary Browning.
MARY BROWNING . I am a widow and live in St. Ann's place. I let the prisoner a lodging; and she had lodged there about seyen months, and paid 5s. 6d. a week—her husband is a postillion—last Monday week I went and knocked at her door, and asked her about a wash hand basin—she opened the door—I said "Mrs. Read I hope you will put that article in its place before you go g "—she was going the next day—her husband had told me to give her notice to leave—she did not owe me any rent—I suppose the wash hand basin was broken—she said she did not know, if she could, she would and if she could not, she would not—I then wen a little further into the room, and missed a looking glass—I then missed the other articles—I asked what she meant by all that—she said, "I have made away with them"—she told me she had pledged them.
JAMES ALDOUS . I am a pawnbroker. I have a blanket and pillow pawned by the prisoner in the name of "Sarah Read. No 5, St. Ann's court "—the looking glass and other things were given up at High street Office—they were all pledged with me in the name of "Sarah Read."
The prisoner pleaded poverty.
GUILTY Aged 43—Recommended to mercy by the Jury.
Confined Seven Days.
JAMES HUNTER . I Keep a house in New Compton street, part of which I let ready furnished, to John Buckmaster, who passed for the prisoner's husband. He represented himself so—the Grand Jury have thrown out the bill against him—he hired the room of me, on the 14th of October—he agreed to pay 4s. 6d. a week, but I never received a farthing of rent from him—they both came on the evening of the 14th of October—I dis-co covered that this property was taken on the night of the 7th of November in consequence of a disturbance that Mr. Buckmaster made in the house; he raised an alarm of fire, and had the door broken open for she had locked him in for the nigh—I was not at home at the time the property was first missed.
Prisoner Defence. I was housekeeper to Mr. buckmaster—he has a dependance but he was running short—he went his son's t get money he could replace it on Saturday, but it was not sufficient for us—went on Saturday and got the money, but met some friends and got intoxicated—I got him his tea, he fell asleep—I thought I could get his money but he was terrified and rushed out cried "Thieves, and fire—I ran after him with his coat and hat and they ran into the room before I could get back—he was out all night—I could not get him home e—he desire me to go and make an apology but his irritable temper, I believe, caused Mr. Hunter to have him taken—on Saturd, when he was taken a genredeem the articles.
NOT GUILTY .
Prisoner's Defence. I took it to get some victuals and thought of redeeming it when my father came home.
GUILTY Aged 13—Recommended to mercy by the Jury.
Confined One month.
JAMES NIGHTINGALE . I was walking with two friends in Oxford road, on the 8th of November and heard an exclamation from Mr. Hall—I turned, and saw my handkerchief in the prisoner's hands—Mr. Hall had him.
Prisoner. I did not take it—a boy took it out of his pocket and chucked it at me—It clung to my button hole.
GUILTY Aged 15— Transported for Seven Years.
70. JOHN FORRESTER was indicted for stealing on the 30th of October, 1 half crown 1 shilling and 1 sixpence the monies of William Robertson his master. 2nd COUNT, stating them to be the monies of the said William Robertson and another.
WILLIAM ROERTSON . I live in St. James street and am a baker. My brother was in partnership with me—this money was ours—the prisoner had been with us about six months—I missed money from my pockets and the till—I missed 4s. from my breeches pocket in the night—I marked a half crown, shilling and a sixpence, on the 29th of October, and on the morning of the 30th it was gone—I had put it into my pocket. and placed my browsers under my pillow when I went to bed, about
twelve o'clock—I got up at three o'clock in the mourning and when I dressed myself at seven o'clock in the morning, it was gone—I put on my working clothes when I get up and had left my browsers under my pillow—I sent for an officer, and called the prisoner into the parlour, and said I suspected these was some person on the premises who had robbed me, (the officer had searched my other young man,) the prisoner said he had some money, and produced 10s—I said that was more than I had missed—I picked out from it this half crown this shilling, and sixpence, which I had marked.
Cross-examined by MR. PAYNE. Q. How many persons had you in your employ? A. The prisoner and one more journeyman who has since, been discharged—some of us set up part of the night, and then call up others—I called my brother and the prisoner at eleven o'clock—the prisoner slept with the other young man—I went to ed with the other young man—he and I got up about three o'clock—I think the young man went to bed again that morning fear about twenty mantes—the prisoner did not go to be again—my trowsers were under the pillow in the room where the prisoner and the young man slept—I mot know where the prisoner kept his trowsers—when he went to bed he would pat off his good trow sers and when he got up he would put on his working trowsers the same as I did—I had the other journey man taken and searched frat he had the opportunity f taking the money form my throwers packet, and putting into the prisoner's packet—I do not know whether the pri soner went to the bed room again that morning—I went to sleep bakehouse for perhaps twenty minutes here is the mark.
G. C. DUDLEY re-examined Q. At what time did the prisoner give up this money? A. About ten o'clock—I do not recollect that he said away thing—this is my deposition (read)—The prisoner said that his own-rade servant gave him change for a half sovereign the day before."
Cross-examined Q. He said he had received change for a half-sovereign the day before? A. Yes; and that at he had sen him for a pign pint beer and that this was the charge he got—I do not recollect that the said if there was any marked money some on else must have put it in his pocket—he made no hesitation in producing the money.
Prisoner's Defence. The money must have been put into my pocket—I know nothing about it—I said so at the office.
William Stouthy a baker, Hampsted gave the prisoner a good character, and offered t employ him.)
GUILTY Aged 43— Confined Six Months.
JOSEPH KIENEY . I am shopman to Mr. Henry Bonham shoe maker, on the 19th of November and when I got next door but one to my master's shop, I saw the prisoner with these shoes—I said "Halloo there"—he therw them down and ran awn—I saw him stopped in Greek street—these are the shoes—they had hung at the door by a string, which out once before—he had a handkerchief thrown over the shoes.
GUILTY Aged 19— Transported for seven Years.
WILLIAM HAYES . I was in Drury-lane at a quarter before five o'clock in the evening of the 19th of November. William Joyce called to me— I turned round and my handkerchief was gone, which I had had three minutes before—on the prisoner being given to me he fell on his knees, and, begged me to give him two or three knocks on the head which I did not do.
WILLIAM JOYCE . I am an engraver I saw the prisoner behind the run away—I collared him—while I turned to call to Mr. Hayes, he there the handkerchief down and when I turned to him again he said, "It was me, it was a butcher boy and he fell on his knees, lad requested Mr. Hayes to give him a few slaps on the head and let him go.
Prisoner's Defence. A butcher boy did it—a man made a grab at him, and then the witness took me.
GUILTY Aged 16— Transported for Seven Years.
WILLIAM SEYMOUR . I am a coach master, and live in Chapel yard, Duke-street The prisoner had been in my employ but had left about two months—these cushions are mine and belonged to a coach which stood in my yard—them safe at half-past one o'clock in the morning, and at three o'clock the policeman called me up, and they were gone.
Prisoner's Defence. I deny that I said I had stolen them—I was going to take them to the station—I found them by the yard gate.
GUILTY . Aged 23— Transported for Seven years.
74. BENJAMIN LEA was indicted for stealing on the 18th of November, 3 shirts value 5s. and 1 handkerchief, value the goods of Thomas Horton, and 6 paintings framed and glazed. value 1l. 2 shifts, value 1s. and 1 bed gown value 1s. the goods of Ann Lea.
ANN LEA . I am the prisoner's sister, and live eat Highgate. The prisoner lived in the adjoining room—I get my bread by needle work—he married and lives there with his family — I went out on Wednesday week at half past one o'clcok in the day—I left every thing perfectly safe and my door locked— I left a chest of drawers in my room— half a dozen Indian paintings and a watch—when I returned the drawers, my paintings and the watch were gone— my room had been entered from the prisoner's room by a door which open into it, but which had been nailed up on my side—my drawers were found in the prisoner's room— the watch is still missing —these shirts belong to Thomas Horton, who lives with me—they were in the drawers—these shifts, and bed gown are mine—I found the paintings in a shed.
which had apparetly been nailed up, but when I put my hand to it, it came open—she saw a chest of drawers in the prisoners room, which she said were hers, and being them was the linen which she owned—the prisoner was in the room—he asked me what business I had there—I asked him how he could account for this property being in his room—he said, he knew nothing about it.
ANN LEA re-examined. I have no family—I cannot account for my brother taking these things—the drawsres belonged to me by the death of my mother five years ago—she divided her property between me and my brother—It was in two cottages, but my other brother has taken possession of the property, and keeps it—Mr. French was the executor.
Prisoner's Defence. I know nothing of these goods—It is a family affair.
NOT GUILTY .
75. WILLIAM FARRER and ARTHUR COLEMAN were indicted for stealing, on the 13th of November, 5 sash-weights, value 3s. 4d. and two iron bars, value 6d. the goods of the Guardians of the poor of the parish of St. Luke, Middlesex.
WILLIAM PENN BURNIDGE . I am master of the workhouse of St. Luke, Middlesex—I was passing near the workhouse, in Bath-street, on the 13th of November, and met the two prisoners—Coleman was first with a basket, tied round with a sash line, and Farrar behind him with the four weights—they had no business from the workhouse—I said, "Coleman who is to take this to the station-house, you or I?"—he put it down, and said, "I am done with it"—I can swear to the property—I returned to the workhouse, and missed the bars, and sash-weights, and on the bench of the carpenter's who are repairing the workhouse, I found some line which corresponded with what the prisoner's basket was tied with—they worked as carpenters in the workhouse, and had been paupers there some years.
Farrer's Defence. We went to get a pint of beer—a man there with this basket said, "Will you take care of this, I sha'nt be above a minute or two"—we then said we would go to see for him, and met the master, who took us—those who swear to things of this kind, will swear to any thing.
FARRER— GUILTY . Aged 70.
COLEMAN- GUILTY . Aged 74.
Confined six Months
ANTHONY REBOUL . I live at Hammersmith. The prisoner was my cook for about a month—I missed this brooch, and spoon and questioned her respecting it—she denied knowing any thing of it—a short time after he was dismissed, a policeman arrived with a duplicate of the property I had missed—she was the n in custody on another charge.
GEORGE CHERRY police-constable G 178.) I received the prisoner on another charge—I searcher her boxes, and found this duplicate of the brooch and spoon—I went to Mrs. Reboul, who Said he had lost such articles, and he found them at the pawnbroker's.
(Property produced and sworn to.)
Priosner's Defence. I do not know that it is his property—I found it at the back of the hose, and did not consider I was stealing—I inquired of my mistress what sort of brooch lit was, and she said it was gold.
GUILTY . Aged 40— Transported for seven Years.
There was another indictment against the prisoner.
GUILTY — Transported for Seven Years.
GUILTY . Aged 14— Confine One Month, and whipped.
GUILTY . Aged 50— Confined Three Months.
CHARLES LEWER . I am the prisoner's brother, and am a painter—the prisoner lives in the same house, and the same room when he is at Home—he got his living by going out to places— I lost my coat on the 28th of October, from a box in my room—the box was open—the prisoner did not sleep home on the night he took the coat—I asked him the next moring, if he had taken it—he had, and showed me the pawnbroker's.
(Property produced and sworn to.)
GUILTY Aged 17.— Transported for Seven Years.
SARAH HAONIVILLE . I am the wife of George Honiville, of Thomas-street, Behtnal green—the prisoner was our journeyman for three weeks. On the 10th of November, I watched him, about half past nine o'clock through a hole in a door which leads into a shed—we had gimp there, papper cap—I told my husband, who got the officer, and took him at ten o'clock, when he went from work—the brought him back—he searched hi, and found this gimp-p—here is 290 yard s—It is worth about three shillings—he said "I have got a few lengths of gimp, master pray forgive me."
Prisoner Defence. I had this gimp, but it was not my master—It belonged to a man in the same trade in St. Luke's.
GUILTY . Aged 28— Confined Three Months.
CHARLES BAREWELL COLES . I live in Alsop terrace. The prisoner was my general Servent for about nine months On the 29th of September in consquence of missing some articles, I sent for my late servant to look over my thing s—he came, e and told him something—I then rang the bell f for the prisoner, and asked him what ton earth could induce him to rob me—he produced eleven duplicate, which I sealed up, and gave to the former servant—I told the prisoner to go to his father, and come to me the next morning—he came, and said his father was not in town, but was in the country, on a tramp, and he could do nothing—I told him he could write to him but it afterwards found had not been to his father—I sent for his mother and father, and said they must replace the articles, or get them out of pawn by the and of the week; but some other circumstances came to my know leg, e which indued me to prosecute him.
Cross-examined by MR. PAYNE. Q. Did you offer to his mother, that if she would pay you the amount with interest you would no prosecute? A. I said if the articles were taken out of pawn I certainly should let him off—I dismissed him form my service that night, but told him to come the nest morning, which he did I—did not see him again, till he was in am not in any business—I let part to house—It is very large and I divided it like a French house—I let it to lady who takes boarders. who are are very respectable—sixteen or eighteen persons sit down to dinner up stairs every day—I had no difficulty in finding the prisoner—when he gave up the duplicates, he acknowledged he had taken the things, and pawned them—he said he had got into bad company at the Yorkshire Stingo.,
JAMES PRENDRGAST . I was the prosecutor's servant—he sent to me to look over his things—I found his plate was all right—I went again in soner if it was all right—he said, "No "—I asked what was missin g—he said, "A good many thing s"—I asked if he had pawned them—he said yes, and he had the duplicates—I advised him to take them up to his master, and throw himself on his mercy.
Cross-examined. Q. What are you now? A. A livery-stable-keeper—the prisoner had the charge of the plate, and that was all right—he told me of his own accord what was gone.
Cross-examined. Q. Are you quite sure he is the man? A. Yes; I do not know who Elizabeth Coles is—he us to understand she was his mistress.
Cross-examined Q. Where did he say this? A. At Mr. Coles', where I took him last Monday.
Cross-examined Q. Is there any female of the name of Cole there A. No.
GUILTY .— Confined for One Year.
GEORGE LOVING . Mr. Geroge Ansell is a fixture dealer, an lives in Great Queen street, Lincoln's-in-fields On the 3rd of November about two o'clock I saw the prisoner reach over an take a pestle an mortar from his window and put it under her shawl—I rapped a at the windows and told them of in—the prisoner went away—I pursued but did see her taken—I saw her after she was taken.
Cross-examined by MR. DOANE. Q. What time was this? A. About two o'clock—I saw her again at Bow-street—I was about eight feet from her when she took them—her face was towards the window, and her back was tome—I did not know her before e—I could not be mistaken it the person.
COURT. Q. Did you point out to the witness which way the woman went? A. Yes; she was in sight at that time.
RICHARD HAWKINS . I am in the employ of Mr. George Ansell—he was one partner—Loving pointed out the prisoner who of wax carrying the property as he said—I pursued, and overtook her, about one hundreed yards off, with this pestle and mortar under her shawl—It is my employ porperty.
Cross-examined. Q. What is the name of the the partner? A. Mr. William Ansell the re is no there partner r—the prisoner was still in sight—there might be other women in the street but I did not notice them—there was no on with her—when 1 stopped her, I asked her for the property she had got—she gave it me, and said "Go about you business"—she said another person gave it to her, but she did not point to any other woman—I had see it safe before I went to diner.
Prisoner's Defence. A person took from the shop, and gave e it to me—I pointer to the other woman who was standing there at the time.
GUILTY Aged 24— Confined three Months.
CHARLES BUTT . I am the brother of Nathan Butt, he keeps a shop in Cow-cross. On the the 189th of November, a half past six or seven o'clock I placed this bacon on the board, and was informed it was taken—I ran after the prisoner, and found him about there hundred yards from the shop, offering it for sale to a person who kept a stall in the street—I belive this to be the piece which I had place on the board for sale.
GUILTY .* Aged 16— Transported for Seven Years.
Sixth Jury, before Mr. Common Sergeant.
RICHARD WILLIS . I am a biscuit-baker, and live in Old-street-road I employed the prisoner as my servant t to take biscutis to shops and to receive the money—he ought to account t take it every time he came house—I sent him on the 24th of October to a customer named Medley, with 10s. 6d. worht of gods with 8s. worth of Mr. Stevenson; and 2s. worth for Mr. Perceval—It w his duty have delivered these gods and to have retunrned tome in about two hours; and to have brought the money. if the had received it—he did not return and I have not received ether of these sums.
(The prisoner put in written defence stating that he had Lost the money form his pocket; and that his mother had sent to the prospector. proposing to pay it by installments.)
COURT to RICHARD WILIS Q. Was any represntation made to you by him or by any body on his behalf informing you that he had lost the money through a hole in his pockets and that he would pay it by instalments?. No, my Lord.
(Henry Instance gave the prisoner a good character.)
GUILTY Aged 17.—Recommended to mercy by the Jury— Confined Fourteen Days.
JOHN DOLE . I lodge in Charlton street Somers'-town and am a painter. The prisoner is on of my sons —his mother is dead and I have another wife—on the 13th of November, I missed a sheet, and the prisoner absented himself from home—I saw him on the Sunday morning following in Covent Garden with half dozen other boys—I called him and he came to me—I asked wham the had done with the sheet which h he took from the mangle—he said he ha pawned it, and gave me the ticket—I gave it up t the station-house e—my present wife had one daughter before out marriage—I have another child in Marylebone-house, and was there myself.
THOMAS HUGHES . I am shopman to Mr. Baylis, la pawn broker, in Hampstead road. I produce a sheet pawned I belive by the prisoner, for 2s. 6d. he said he brought it for his mother r—It is marked in the name he gave.
Prisoner Defence Another boy persuaded me to take and pawn it.
GUILTY . Aged 14.—Recommended to mercy by the Jury.
Transported for Seven Years.
EDWARD WENHAM . I keep a public house at Limehouse. On Saturday night, the 14th of November between eight nine o'clock Griffin came to me—I went to my stable, and missed my saddle, and the other articles stated—I had seen them safe at five o'clock—the prisoner had been about my house several times during that day—this is my saddle.
THOMAS ALSTON . I am a saddler an live at Limehouse. About eight o'clock on the Saturday evening in question the prone came to me with a saddle—he wanted to sell it for 6s. and gave me the name of Cochrant—I detained him, and sent for the officer.
Prisoner. The prosecutor kicked him out of the house the nigh before e for being drunk.
Prisoner. A person named Burley lodged at the prosecutor's and he gave me the saddle—he was the person the persecutor kicked out of the house. Witnesss Yes, I did, for his insolence about an hours and a half be fore the officer came to tell me about this saddle—Mr. Alston's house is not half a mile form mine—I saw Burley before the magistrate—the prisoner had stated that he gave him the saddle; but when Burley was produced, the prisoner said a person of the name of Scate gave it him—they did not believe the prisoner, and burley was discharged—Burley is very honest but when he gets a little drink he is very quarrelsome.
Prisoner's Defence. Burley gave me the saddle, an told me to put it in the name of Scate—I tink is very hard case to be stopped every hour by the policeman and asked what I have got, when I am going to work.
---- HENESSEY. I am the prisoner's mother, he has been watched about and ill used by the poilcmen—he has been sen to the house of Correction by their information—Mrs. wenham has 2l. his money the prosecutor said he had stolen 4l. form cellar.
EDWARD WNHAM . My wife has no money of the prisoner's—he was apprehended on Sunday moning a few weeks ago on a charge of robbing a cellar, but they could not swear to him; and the same day, the came to my bar, an took the money which they had left with my wife, an made themselves very merry with it—o the Tuesday or Wednesday, he an his mother came in, quite tipsey he sat down, and went to sleep—I told him he must go t—she said, "Don't disturb my boy"—I then dragged him out—the policeman asked if I had nay charge against t gun—I said "No" he knocked the policeman down and had six weeks imprisonment for it.
GUILTY . Aged 20— Transported for Seven Years.
GEORGE SAMUEL BROOKS . I am the son of Samuel Brooks; he is a bow-string-maker, and has a factory in Three Pigeon court Angel alley, Shore ditch I left work there on the 14th of November at twelve o'clock at night and left about nine gallonss of sheeps-guts in a pail l—I came to
the factory on the following Monday morning—some tiles had then been taken off the place, and the pail and guts were gone—I informed my father, who went and found the prisoner.
SAMUEL BROOKS . I went to Mr. Orlemann, and found the prisoner there, selling these guts—he was going to have 15s. for them; but he had made them dirty by drawing them over the tiles, and Mr. Orlemann would not have them—this is my own pail—It is my own mending, and what I had left in the factory.
PETER ORLEMANN . I live in Kingsland-road. I came home, and found the prisoner in the shop—I asked my daughter what he wanted—she said he had brought three gallons of skins, and the amount was 15s.—I examined them—they were dirty, and not fit for use—I said he might take them back; the prosecutor came and claimed them.
Prisoner. He was in give me 12s. for them, and told me to bring him as many as I could. witness. I was not going to buy them—I told him she might bring good skins at 5s. a gallon—he had called for orders about five weeks before—I had seen him at Mr. Brook's factory, and knowing he was in his service, I had no suspicion.
GUILTY . Aged 18.— Confined Three Months.
HENRY SCOTT . I am a confectioner, and live in Narrow-street, Lime-house. On the 16th of November, I was going along Shad well, and saw the prisoner take a pair of trowsers from the prosecutor's shop—they were hanging on a nail inside—he took them about three yards from the door, and hid them under his jacket—I collared him, and shoved him into the shop—Mr. Fryett sent for a policeman, and gave him in charge—he said, "Here are your trowsers, let me go"—some duplicates were found on him at the station-house.
Prisoner. I say you are a false-swearer.
JOHN WILLIAM FRYETT . I am a pawnbroker, and keep a shop in High-street, Shadwell. I received information on the 16th of November, which induced me to examine my shop, and I missed a pair of trowsers—these are them—I saw the prisoner when he was brought into the shop—he had them under his arm—he threw them down, and said, "Let me go"—they had been inside the door.
Prisoner. They were outside.
GUILTY . Aged 24.— Transported for Seven Years.
90. JOHN DALE and JOHN BENSON were indicted for stealing, on the 12th of November, 1 jacket, value 3s. 1 apron, value 1s2 chisels, value 2s. 1 hammer, value 2s. 1 square, value 2s. and 1 screw-driver, value 1s. the goods of Robert Ward Birchall: 1 screw-driver, value 18d.; 1 saw, value 2s. 2 chisels, value 3s. 1 square, value 3s. 1 gonge, value 1s. and 1 hammer, value 2s. the goods of Samuel Combs; 2 planes, value 9s. 1 chisel, value 18d.; 1 pair of compasses, value 1s. I jacket, value 1s. and 1 basket, value 2s. the goods of William West; I saw, value 2s. 1 chisel, value 1s. 1 screw-driver, value 1s. 3 yards of sash-line, value 6d.; the goods of William Haynes.
GEORGE JOHN PRESTIAUX (police-constable, C 49.) At half-past five o'clock, on the 12th of November, I stopped the two prisoners, going down Broad-street, St. Giles's—Dale was carrying a large basket of tools—he was dressed in a flannel jacket and an apron—I asked where he was going—he said, "To work, in the Borough"—I told him I did not believe him, and took him to the station-house—he said he lived at different places—this jacket, and apron, and basket of tools, he was carrying, over his shoulder—It contained all these tools—this jacket was on Benson.
ROBERT WARD BIRCHALL . I live at No. 9, Frances-street, Westminster-road, and am a carpenter. I have examined these articles—this apron, jacket, two chisels, square, hammer, and screw-driver, are mine—I missed them on the morning of the 12th, when I went to work, between six and seven o'clock—I had seen them safe the night before, in the fire-place, on the first floor—I covered them over, and set some boards before them—It is a new house.
Dale's Defence. I was coming over Westminster-bridge, and down on one of the arches—a man coming, and sat down, with this basket, and then I fell asleep—I awoke, and this basket was there—I took it up, with the jacket and apron, and was going home.
Benson's Defence. I went to the play, and when I got home, my father was in bed—I did not like to awake him—I walked about, and saw this young man—I knew him—I said it was very cold—he said, "I have got a jacket, you may put it on"—I thanked him for it.
DALE— GUILTY .— Confined Six Months.
BESON— NOT GUILTY .
OLD COURT.—Friday, November 27th, 1835.
Fourth Jury, before Mr. Justice Park.
91. WILLIAM COLLINS was indicted for stealing, on the 25th of November, at St. Michael, Bassishaw, 22 yards of woollen-cloth, value 17l., the goods of William Playne and others, in their dwelling-house.
JOHN BASSETT . I am clerk to William Playne and two other partners, woollen-manufacturers, in Gloucestershire—they have a town-house in Basinghall-street, in the parish of St. Michael, Bassishaw—the firm pay the rent from the profit—our porter and town-traveller sleep on the premises. On Wednesday last, I was in the counting-house, about a quarter before eleven o'clock—It is an inner place from the warehouse—I was standing at the desk, and heard a noise at the warehouse-door—I immediately stepped from the counting-house to the warehouse-door, and saw the prisoner with an end of cloth in his possession—I saw him going down the court into Basinghall-street—I pursued him a little way down the street, into Church-passage, and overtook him—he had the end of cloth in his possession—It is worth 17l.—he threw it down at my feet, and I caught him—he put himself in a supplicating position, and said a man had given him 1s. to fetch the cloth, and for the sake of his poor father, begged he might not be taken into custody—he was a stranger to us.
Prisoner. A man enticed me away from my home, and told me to do it.
GUILTY . Aged 14.—Recommended to mercy by the Jury and Prosecutor, on account of his youth.— Confined One Year, and then Transported for Life.
Before Mr. Baron Alderson.
92. GEORGE POULTON alias HENRY CARMAN and JOHN MOORE were indicted for burglariously breaking and entering the dwell-house of Thomas Miller, about the hour of nine in the night of the 3rd of November, at St. Pancras, with intent to steal, and stealing therein, 1 bed-gown, value 3s.; and 1 cap, value 3s.; the goods of Caroline Beal, and 1 blanket, value 3s.; 2 sheets, value 4s.; and 1 towel, value 2d., the goods of the said Thomas Miller.
CAROLINE BEALE . I am house-keeper to Thomas Miller, of Edward-street, St. Pancras. On Tuesday night the 3rd of November, I saw a young man pass through the passage of the house, with a bundle under his arm—he came from the kitchen, and went out at the street-door, which was open—the door had been shut all the evening—I know it was shut half an hour before, or less than that—It was on the latch, and could he opened from the outside—It was not bolted—I cannot say whether any body came in after I had seen it on the latch—there are lodgers in the house, who might have come in—I missed from the kitchen, two sheets, one blanket, a towel, a night-gown, and night cap—they are not worth 2l.—the young man passed me in the passage, and had rather a large white bundle under his arm—I did not see his face—It was a little after nine o'clcok.
GEORGE ANTHONY . I am a city special-constable. I was out on Tuesday, the 3rd of November, and saw the prisoners in company with two others, going in a directon for Camden-town, from Tottenham Court-road, about five o'clock in the evening; and about half-past nine o'clock the same evening I saw the two prisoners in Tottenham Court-road, near University-street—Moore was carrying a large bundle in a silk handkerchief—I followed them and heard Moore say to Poulton, "Here, you carry the swag"—I followed them some distance, and saw Tibbs the policeman on the other side of the road—we followed and overtook them—they looked round, and saw us and when we nearly got up to them, Poulter threw the bundle at the policeman who was nearer to him than me—the constable picked it up immediately, and they ran away in different directions—I pursued Poulton some distance, and secured him, and took him to the station-house—I am quite positive he is the man who threw the bundle at the constable—Moore made his escape, but was taken afterwards—I am sure he is the man—I knew him before.
Poulton. I did not take the bundle in Tottenham Court-road. Witness. On taking him to the station-house, I asked where he got the bundle from—he said, "I know nothing about it, Jack Moore gave it to me."
WILLIAM TIBBS . I am a policeman. Anthony called me to his assistance—I followed the prisoners—I am certain they are the two men—I picked up the bundle, and have bad it ever since—I afterwards took Moore, and searched him, and found on him a key which opened the door of the prosecutor's house—I tried it, and it fits the street door.
CAROLINE BEALE re-examined. This bundle contains all the things lost—the bed linen is master's—the cap and night-gown are mine—a latchkey will open the door from the outside—the lodgers have a latch-key.
Poulton's Defence. I never saw the things.
Moore's Defence. They took a key away from me belonging to the street-door of the house I lived in—I met Poulton in Tottenham-place with the bundle as I was coming out of my own house—he asked me to hold if for him while he tied it up in his handkerchief, he then took it from me again, and asked me to walk with him, which I did—I never had it again.
POULTON— GUILTY . Aged 18.
MOORE— GUILTY . Aged 18.
Of stealing only.
Transported for Seven Years.
First Jury, before Mr. Justice Park.
93. WILLIAM BOSTON GARDNER was indicted for stealing, on the 4th of November, at St. George, Bloomsbury, 1 watch-chain, value 4l., deals, value 7l.; 1 watch-key, value 1l.; 2 lancet-cases, value 22s. 4 lancets, value 6s. brooches, value 2l.; 1 snap, value 7s. 1 paper-knife, value 2s. 1 writing-desk, value 2l.; 8 sovereigns; 1 £ 20 bank-note; 1£ 10 bank note; and 1 £5 bank-note; the goods and monies of James Bailey, in his dwelling-house.
JAMES BAILEY . I am a surgoen, and live in King-street, in the parish of St. George, Bloomsbury. I rent the house—In October last I had a young man named Stewart in my employ, as errand-boy—he had been only a week in my service, and is fourteen or fifteen years old—he dd not sleep in my house—I have a shop which is closed by outside shutters—on Thursday, the 5th of November, I wanted to use my writing-desk, which used to stand in the parlour window, behind the shop, and it was missing—this was about ten o'clock, or half-past ten—I told Stewart what I wanted—I went to the station-house, and brought an officer—my desk contained the property stated in the indictment—the prisoner was never in my employ.
GEORGE COLLIER . I am a policeman. On Thursday afternoon, on the 5th of November, I went with Stewart to No. 7, Kelso-place, Paddington, where the prisoner lodged—Stewart pointed it out to me—the prisoner was not at home—I went to Peter-street, Saffron-hill, and saw the prisoner—Stewart pointed him out to me, and he immediately ran into the Bull's Head public-house—I followed him, and found him seated there behind the bar-door—I told him I wanted him for robbing Mr. Bailey—he said he knew nothing at all about the robbery—I searched him, and found sixteen sovereigns in his watch-fob, 12s. 6d. in silver, and 1s. 3d. in copper, in his waistcoat pocket—I asked him if he knew the boy who was with me—he said he knew nothing at all about him—I then asked him how he became possessed of the property which I found on him—he said he had picked it up in the street that morning—I took him to the station-house, and as we went, he said it would be all goose with him this time—I have heard that phrase many a time, and understood him to mean he should be transported, and shortly after he told me he did not think Stewart knew so much of him as he did—he had said before, that he had never seen him—he had got on a new pair of shoes and stockings at the time, and a silk handkerchief—I asked him when he bought the shoes—he said about a week before—I apprehended two girls on suspicion of the same robbery, and when he was in the lock-up place he heard their voices, and hallooed out, "Eggy, is it you?"—she answered, "Yes, me and Flash Bet, nailed for your concern"—he then told them to keep it all dark, and not to come it, and he would get them turned up.
Cross-examined by MR. PHILLIPS. Q. Did you not at first say she said it was me and Bet that was nailed for your concern? A. I meant flash bet—they had been taken up for the same robbery—there might have been a good many person in the cells, but I was not inside—there were other persons there—I have a slight recollection of Stewart before this transaction—the prisoner never said that Stewart took him the things to sell, and he sold them and shared the money—I did not find a £ 20 note on the prisoner—I only knew Stewart by sight—I searched the house where the prisoner lived, but found nothing—I searched Stewart—I understood he had no clothses but what he wore.
ROBERT STEWART . I am fifteen years old. I went as errand-boy to the prosecutor—I remember taking down the shutters of my master's shop on Wednesday, the 4th of November, about seven o'clock in the morning—master had not come down then—I have known the priosner about three months—after taking down the shutters I went down stairs to take the last shutter down to the back kitchen—I was down there about four minutes, speaking to the servant—I came up again, and saw the prisoner going out of the shop door—I had forgotten to shut the shop door—he had something in his apron, and he shook it at me in his apron—I had seen the desk in master's parlour before—the prisoner went away, saying, Come to my house, and I will whack it with you, "meaning he would share it with me—he went away—I did not go to his house till next day, when I went with the policeman—the prisoner had showed me his house at Paddington—I had not missed my master's desk out of the parlour before my master spoke about it—I am sure of that—I went with the policeman to the prisoner's house—the prisoner went into the parlour door from the shop—there is a broken pane of glass—I had locked the parlour door, and he put his hand through and unlocked the door, and went in.
Cross-examined. Q. How long had you known where the prisoner lived? A. I knew him about three months—he showed me where he lived about four weeks ago—I cannot tell what became of the £20 or the £5 notes—I did not go to his house till I went with the policeman—I did not take the desk to his house—I did not know the meaning of whack it till the prisoner told me—I am not a pigeon-fancier—I have always lived with my father, and always slept in his house—I was in prison about three years ago, about some pigeons—I took the pigeons—I was in Clerkenwell gaol for three months—I was flogged twice—I was never at Brixton gaol, nor Horsemonger-lane—I know Mr. Fordham of Hatton-garden, and the prisoner was the cause of my robbing him—I was out with the truck—he and another boy came and persuaded me to run away, and leave the truck in the street—that was about four months ago—I have known the prisoner three months—my father was obliged to pay 35s. for me at that time—I never took any watches at Chelsea—I never heard of any being taken, or a reward offered for them—I have not boasted of robberies which I have committed—a little boy persuaded me to take the pigeons.
ANN KENCH CHAPMAN . I am the prisoner's aunt—I live in New Church-street, Marylebone. I am not aware of his being in any business—his grandmother provide for him—he is very poor—he frequently asked her to buy him shoes—he had no money of his own—he appeared destitute, and had no means of getting sixteen sovereigns that I am aware of.
a pair of shoes—he said he was in view of a situation—she did not give him any.
GUILTY .— Transported for Life.
Second Jury, before Mr. Recorder.
GUILTY .— Confined Three Months.
95. WILLIAM BARNETT and ROBERT BARNETT were indicted for stealing on the 11th of November, at Hillingdon, in the country of Middlesex, I ewe, value 1l. the goods of William Welsh. 2nd COUNT, for killing the said ewe with intent to steal the carcase.
(MR. CLARKSON conducted the Prosecution.)
THOMAS DURLEY . I am drover to William Welsh, of Southall, a sheep salesman. On Tuesday, the 10th of November, I was driving his sheeep from Buckingham to Southall market—two ewes became tried, and I got them up into a cart, to put them into the field at Hillingdon, which Mr. Welsh had taken—they were put into the field about the middle of the day—I saw them safe in the field at nine o'clock at night, on the 10th of November; and next morning I went with my fellow servant into the field, about a quarter after three o'clock, and found one of the ewes cut in tow, and killed—the two hind quarters(skin and all)were gone—the skin was left on the fore part—I drove the rest of the sheep out of the field, except the other tried ewe, and the part of the one which remained—we went to Southall-market, and returned to Hillingdon the same night; and the half of the sheep which I had left in the field was at the Royal Standard public-house—It is Mr. Welsh's property—It was in his care—when I got to Hillingdon-heath I gave directions to Russell.
JAMES DANCER . I am a labourer, and live at Gerrard's-croos, Buckingshire. I was assisting a drover to drive some beast along the road—I got to Uxbridge about three o'clock on Wednesday, the 11th of November—when I got to Hillingdon-lane, one of the cattle I was driving went up the lane, and I went after it—I saw the two prisoners in the lane—they came out of the gate of a meadow into the lane—they had bit of a sheep on a stick—I cannot tell what part it was, whether it was a hind on fore part—It was not skinned—one had end of the stick, and the other the other—the stick seemed to berun through the two legs of the sheep—they bid me good morning, and I bid them good morning—they said if I saw any body not to say that I had seen them—I cannot say which of them said so—I am sure it was one of them—they were both together—I had seen them a good many times—when I got to Uxbridge, on Thursday morning I heard this matter spolken of I told Burch the constable, and Darvill of it that morning.
Cross-examined by MR. PHILLIPS. Q. What morning was it?—A. On the 11th November, Wednesday morning—I cannot be mistaken in that—It was about a quarter past three o'clock—I never in the cage at Hillingdon—I was never before any Justice in my life—I never attempted to cut my own throat in a cage—I never tried to do it—I was never at Hertford in my life—(looking at a man name Weeden) I know that
man—I swear I was never in the cage at Hallingdon nor at Hertford—I never was acquitted on account of being insane.
WILLIAM RUSSELL . I live at Shepherd's Bush, and am helper to Durley. On Wednesday morning, the 11th of November, I went with him to Welsh's field at Hillingdon, about a quarter after three o'clock, where the sheep had been put—I went up to the hay-rick, and saw this ewe cut in half, and the hind half throw away—we drove the drove out, and left the tired ewe, and the remaining half behind—I went a mile away from the field, towards Southall, and then Durley and Dancer sent me back to the field, and when I got near the gate I saw one man standing at the gate, and William Barnett in the field—I cannot swear to the man at the gate—I knew William Barnett before, and I ran after him—the man at the gate ran another way—I fell in running down the lane, and lost sight of William Barnett—I am positive he is the man I ran after—I have seen him often when I have been to turn a drove into his father's field—I went into the field and took the fore half of the sheep down to the Standard public-house.
Cross-examined. Q. Don't you go by the nick name of Pardoe? A. Yes. I have done so about five years—I went to the prisoner's father's house next morning, and called his mother up—I did not ask the mother to allow the two sons to go with me, that I might see two men who were lurking about the field, as I was afraid if I went slone, they would serve me as they served the sheep—Hughes keeps the turnpike-gate—I have spoken to him when I have been going through the gate with sheep—I have spoken to him on this business—I did not tell him I had sworn to one man—he did not ask me which—he never said any thing to me—I did not say that I would swear hard and fast, and "through a soot bag"—Hughes did not say, "How can you swear to that, when you told me before, you did not know who did it?"
Cross-examined. Q. Do you know Dancer the witness? A. I know him by sight—I have seen him working in the woods at Gerrard's cross—I never saw him at Hillingdon—I never said I had—I have seen him before a Magistrate—he had not attempted to cut his throat—I have known him three or four years—I know nothing of him—I have never said I would not trust to any thing he said, unless he was corroborated—all I said was, "I know him to be a poacher"—I did not say to the prisoner's attorney I would not trust to any thing he said, unless it was corroborated, nor any thing to that effect.
William Barnett's Defence. I have witnesses to prove I was at home.
Robert Barntt's Defence. I have witnesses to prove I was in bed at the time.
HENRY DOWLING . The prisoner Robert Barnett lived with me at Uxbridge—I saw him on Tuesday evening, the 10th of November—my colck gave warning for ten when I was going to bed—he was in his room at that time—I was feeding my fowls about ten minutes before seven o'clock the next morning, and he came down stairs—he appeared as if he had been in bed.
MR. CLARKSON. Q. Was he dressed when you saw him? A. Yes—I live about a mile from Hillingdon—my house is two story high, and there are two rooms on each floor, back anf front—I lodge in a room adjoining the house—I occupy all the house but one room—I let this man a weekly room—his room is up stairs, next to mine—It is not necessary to pass through my room to go to Barnett's room—mine is on the right hand side, and his
is facing—the staircase is between them—I have dealt in marine stores—I do nothing now—I am independent, and live on my fortune—there are tow doors to my house, back and front—I went to bed at ten o'clock, and did not see him again till morning.
Q. What prevented him from getting up and going down stairs out at the back door, to do whatever he chose? A. That I do not know.
MR. PHILLIPS. Q. Did you see him go to bed? A. No; I saw him in his bed-room—he had a candle, and a fire lighted—In the morning he appeared to come down stairs from his bed-room.
----TIMMS. My husband's name is Timothy Timms—he is ninety years old—we live at Uxbridge—I have known the prisoner, William Barnett, four years—he lodged in my house on the 11th of November, and for four years before, On Tuesday night, the 10th, he was in my house, at nine o'clock—I was at needle-work when he came in, he had his supper, and went to bed—he slept up stairs—I saw him go up to bed—I saw him next morning, about half-past six o'clock—I closed the door at night—I was up at half-past six o'clock—I observed nothing particular in his appearance next morning.
MR. CLARKSON. Q. Where is your house? A. On the Moor, at Hillingden—Welsh's field is about half a mile from me—I have no other lodger than the prisoner—I occupy the lower part of the house, the front—thereis a back door to the house, and a staircase—William Barnett lives in the front room, and my children live in the back room—he came through my room in the mornig, at half-past six o'clock—I lay down stairs—I never let him go out any other way—he never goes out at the back door—I know he did not on that night, for I should have heard him—I never sleep so soundly as that—I did not hear him go—Iam pretty positive he did not—he was taken at my house, between ten and eleven o'clock—I did not hear what he was taken, for, till Darvill, the constable, told me, before the Magistrate—I went before the Magistrates, but they would not herar what I had to say—when Darvill came into my house, he said, "I want Barnett"—I did not say, "I suppose you have come to search my house about the mutton," nor words to that effect—I got out of bed, and opened the door to him—he said, "went Barnett"—I said, "He is up stairs"—and when he came down stairs again, he said, "Shall I search your house?"—I said, "Yes you are welcome to search our house"—that was all—I did not saya word about the mutton.
MR. PHILLIPS. Q. Had he told you what he came about? A. No; Mr. Turpin was with him—he did not search the house.
JOHN HUGHES . I am a toll-collector, on the Uxbridge-road. I know Russell by his passing through the gate—I have spoken to him on this subject—he told me when he came back in the afternoon, that he had sworn to one person, but I had spoken to him before, in the morning part—he told me he had sworn to one person, and I asked him which—he said he did not know, but he would swear hard and fast, through a sootbag—I asked how he would swear to a man he saw running in the night—he said he would swear through a soot-bag, that it was him—I said, "How ean you say that, when you told me in the morning, you would not swear to any body?—he had told me so, and that he would not swear to any body, for he would take no man's life away.
MR. CLARKSON. Q. How came you to be conversing with him in the morning? A. He stopped at my door, and I merely asked him if he was going to swear against the two prisoner—It was a common discourse about
them, as they were taken up—I had no reason for asking than because it was talked about—I know-Barnett's family by their living near me—I know their sister—he has got three sister—neither of them have lived with me, no further than coming back wards and forwards to assists me in the day-time—she has eat and drank with me—I am not married—nobody lives with me, but her coming backwards and forwards—she has been in the house, but not all night—I have been there ever since March—I cannot say when I became scquainted with the Barnetts—I merely got acquainted with them as neighbours passing through the gate—I have three children, but no wife—Mary is the sister who comes to my house—I went to the gate on the 21st of March, I believe—she has been there in June I believe—she has been to my house last week—she is there now, for what I know—she did not sleep there last night, or the night before, nor on any night—her mother lives about three hundred yards from my house—the other sisters have been in as they go past—Mary used to come in the middle of the day, and she has stopped all day—sometimes she did not stop long—she has breakfasted, dined, drank tea, and supped with me—I have only one bed-room—I was never in her mother's house in my life—I swear that I was never at Dowling's or Timms'—I do not know where they live—Mary Barnett was at my house the very morning I spoke to Russell—she did not tell me of the robbery—Russell did—I did not know he was going to swear to any body—I had heard he was going to swear—It was rumoured about—I have seen Barnett's mother—she has been in my house when she has been passing the road, and the sisters, and William Barnett—my children do not live in my house—one is at Blackheath, another collects a toll at another place—Mary Barnett has been in my house every day for the last month.
MR. PHILLIPS. Q. On your oath has she ever-slept in you house in her life? A. never—I am a windower—I keep company with this girl, intending to marry her—I came here on Wednesday morning, and went home every night.
COURT. Q. Who did you find at home when you went? A. She was there—I got home at twelve o'clock at night—she took a bit of something to eat, and went away—she is about twenty years old, I should think.
THOMAS COLLINS . I work for Mr. Barnett, the prisoners's father. I know Russell—I went with him to trace the blood of the sheep—William Barnett went with us—on Wednesday morning I went to go with Mr. Barnett's cart—I went into the Royal Standard, and Russell was there, frying liver—I went down to Mr. Barnett's house, and he walked after me—I asked him to walk with me—he told me somebody had killed a sheep in the night, and taken part of it away—William Barnett was at work on his father's premises—I did not ask Russell to go with me, he followed me down—William Barnett was working close to the field at the time, making hurdles—we went to the field to see if we could see any of the blood—nobody asked me to go—Russell went with me—I think he must have seen William Barnett there—we all three went into the field together—It was about seven o'clock in the morning—I asked Russell to go with me, and he followed me down, and then William Barnett came in at the same time, without my asking him—Russell never said a word about William Barnett being concerned.
MR. CLARKSON. Q. You work for Barnett's father, who is a hurdle-maker? A. Yes—I did not see Russell in the public-house a few days before—I saw him in London, since he was in the field—I not tell him
I was come to put a spoke in what he had to say, nor call him a black, guard name, to the best of my recollection—I never called him a b—; it is a word I never make use of—I cannot swear that I have not spoken to him in a public-house about this matter—I might say I was coming here—I did not say to swear against him.
Q. What was your curiosity, in going from the public-house into the field, to see the sheep's blood? A. Like other people—I like to see such things—we went on purpose to see if we could trace the blood—I had got my master's cart with me—I went to the public-house to have a pint of beer, and something to eat—I had not heard of the robbery till he told me—I live on Uxbridge-moor, about two hundred yards from William Barnett—I have a house myself—I been to Mrs. Timms once—I only know Dowling by seeing him—I have never been in his house—I understand the other prisoner lodged there—I know Mary Barnett—I cannot say where she lives—she is at home at nights, with her father, I believe—Russell did not tell me he know one of the men—I asked him, more than once or twice, if he had seen any men about—he said he saw two—I asked him if he knew who they were, and how they were dressed—he said, "One in a long smock-frock, and the other in a brown coat; one with a hat, the other with a cap"—I asked him why he did not follow them—he said, Oh, he should be afraid to go after them.
MR. PHILLIPS. Q. You asked him if he knew who they were? A. I did—he told me he did not—he said he was not near enough to see—It was nearly seven o'clock on the Wednesday morning when I saw Russell in the public-house.
MR. CLARKSON. Q. Were you at the toll-house that morning? A. No—I went through the gate, because the public-house is on the other side—I never saw Mary Barnett at the toll-house.
MR. PHILLIPS. Q. How long had you been out of bed before you went to the public-house? A. I went directly from my bed—I did not hear of the robbery till I saw Russell.
COURT. Q. At what time did you get there morning? A. About six o'clock—I was at the public-house about seven o'clock—Russell was there when I went in; and he went with me to the field, in ten or twenty minutes—the field is not above two hundred yards from the public-house—I was nothing of William Barnett before I got to the field—he was in the yard, under the shed, making hurdles—It was between seven and eight o'clock—It might be a quarter after seven o'clock—he did not join in conversation with us—we had no conversation—I cannot say whether he might speak to us a word—I do not recollect his saying any thing—he helped me to heave the hurdles afterwards—I, Russell, and William Barnett, traced the blood—I do not recollect that the prisoner said any thing about it—I cannot say what he did—we found no blood except where we supposed the sheep was killed—I have no recollection of his mentioning the circumastanes about the sheep at all—I cannot say whether he spoke to Russell or to me—I cannot recollect whether he might or not—I cannot tell Russell's motive for coming into the field—he had heard of it, I suppose, as he was on his father's premises before me—I first heard of it in the public-house—there was no work to be done in the field—we were looking about to see if we could trace the blood—I do not recollect any thing that passed between us—I left the field between seven and eight o'clock—William helped me to Joad a load of hurdles.
called at my house the morning the sheep was killed—I was in bed (a waggoner in the lane said it was a quarter past four o'clock)—I heard a sad noise and swearing in the lane; and Russell asked me to let my two sons go and protect the sheep that was left in the field, for he was afraid it would be gone while he was gone to take the others on to the Standard—I know it was Russell—he told me it was him at the time—I saw three of them in the lane—there was a wagoner, another boy, and himself—he had got the part of the sheep in a bundle—I said I had nobody in the house but my two daughters and a little boy, and he was very timorous.
MR. CLARKSON. Q. Then the person who called to you, and said his name was Russell, wanted you to send your two sons, supposing they were living with you? A. Yes—It was not dark not light—I knew the men when they brought the sheep into the field on Tuesday night; I saw them—my sons were at work in the shop which is close to the field—I do not know whether they saw the sheep coming in that night, but I saw them—my daughters, Ann and Mary, live with me—Mary is twenty-one years old)—she has kept company with the toll-keeper three or four months—he is a widower—she works there all—she goes, and does for him, and comes home at night generally about nine o'clock—I do not think she was ever a few minutes later than nine o'clock—I was not at home last night nor on Wednesday—she came home on Tuesday between eight and nine o'clock, as her sister was ill—I was up in London, waiting for this job coming on—one of my sons has been married seven years, and has not lived at home since; but, at times, he works at home for us; and the other always works at home, but lodges out at Dowling's
JAMES DARVILL re-examined. I remember going to the house of Mrs. Timms to take one of the prisoners—I asked for Barnett—Mrs. Timms said "You mat search my house, and welcome; you will find no mutton, nor any meat here"—I had said nothing whatever about mutton.
MR. PHILLIPS. Q. Was it not known through the place that a sheep had been stolen, and that it was said Barnett had stolen it?—Was it not the common talk of the place that they were accused of stealing mutton? A. Yes.
MRS. TIMMS re-examined. I never said any such word as the constable states—I said I had no meat in the house—there was no mutton mentioned.
WILLIAM RUSSELL re-examined. I did not see Collins—I did not see him go into the field—I saw him in the morning at the public-house—he did not go with me into the field to see if he could trace the blood of the sheep—he did not ask me to go for that purpose—I did not go to the field at any time when he and William Barnett were there—I swear they never came into the field with me—I went in to look after the sheep, not to track any blood at all—Collins was going to start with the cart, but did not come into the field—he had the opportunity of seing I was there—I did not see William Barnett.
Q. Did you go to Mrs. Barnett at a quarter before four o'clock that morning? A. It was above twenty minutes after four o'clock—I said, "Somebody has been and stolen this sheep, Mrs. Barnett"—she said, "I do not know who it is"—I said, "No, I have nobody at home but my two daughters and little son; and at the same time there was a man sleeping there—I did not ask her whether she had got either of her sons at home—I
will swear to William Barnett being one of the men I saw running away.
Q. How came you to go to the mother, and beg somebody to try and catch the thief, if one of them was her own son? A. That I will not say any thing about at all—I went to see if she could send any assistance at all to help me to catch the men because when we came back from running towards them, we saw the men coming towards us again—Jolly's waggoner was with me—we were carrying the part of the sheep—I did not know whether the prisoners lived at their mother's at that time—when I fell down after running after the man, I came back, and the man seemed to come towards me again, and I went to their mother's—I did not know where William Barnett lived then—his mother's house was the nearest house—It joins the field where the sheep was taken.
JURY. Q. Did you apply to any body else for assistance? A. No—the men had not a part of the sheep with them when I ran after them—when I saw the man in the field, I thought he had come for the remainder of the sheep—his back was towards me—I knew him before, and told the constable his dress and every thing before I saw him.
COURT. Q. How came you to go to the mother of the person you thought had taken the sheep.? A. It was the first house.
NOT GUILTY .
RICHARD GOBBY . I am a broker, and live in Vine-street, Hatton-garden. On the 12th of November, at a quarter to six o'clock, I perceived the prisoner walk to and fro, once—he crossed on the opposite side where I was—I saw him cross over, and lift up a wrapper, and take the kettle—he then ran, and I ran after him—there was a sweep with him, who stopped at the corner of the street—I followed the prisoner—he dropped the kettle about fifteen yards off—It had stood inside a store, inside the grate—I secured him—he said, "Don't take me, it ar'nt as if you had lost the property, you have got it, Let me go"—I said, "I have been robbed so many times, I will not let you go."
Prisoner. It was just outside the shop. Witness. No; it stood inside a stove.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY . Aged 14.— Confined One Month.
NEW COURT. Friday, November 27th, 1835.
Second jury, before Mr. Common Sergeant.
GEORGE HADDOCK . I am butler to Dr. Mayow, of Wimpole-street. I had these things in the drawer of a looking-glass in the housekeeper's room—I missed them on Friday, the 29th of October, having seen them safe on the Sunday—the prisoner's mother washed for one of the servants, and the prisoner herself was in the housekeepers's room two days before I missed the things.
GEORGE MARRIOTT (police-sergeant D 5.) I went to Dr. Mayow's and took the prisoner—I asked her if she had taken any things before that time—she said she had, and some part she had pledged, and the rest she had hidden in an old boot, in the area, at her mother's house—I went, and found them there.
WILLIAM ABPIN . I am shopman to a pawnbroker, in Ernest-street, Regent's-park. I took in some socks of the prisoner—my master took in this stock and brooch of her, for 1s.—we thought she was older than she is—the brooch is of no value.
GUILTY . Aged 11.—Recommended to mercy by the Jury. Confined Five Days.
WILLIAM BANGS . I live at No. 40, Clifton-street, Finsbury, and am clerk to Sir John Griffiths. I had a piece of cloth, which was to make me a coat, in a box in my bed-room—the prisoner is my son—my wife told me something, which led me to examine the box—It was open, and appeared to have been broken open, and the cloth was gone—I spoke to my son about it—he said he knew nothing of it—this is it.
JAMES HANLEY . I am a police-officer of Worship-street. I went with the prisoner's father, and took him in Finsbury-market—his father gave me the duplicate—I told the prisoner I took him for robbing his father of a piece of cloth, and asked him what made him do it—he said because his father would not give him any thing.
Prisoner. It is false—I never said any such thing—I did not steal the cloth at all.
GUILTY . Aged 16.—Recommended to mercy by the Jury and Prosecutor. Confined Three Months.
JAMES CLONEY . I reside with my uncle, the prosecutor. I saw the prisoner come out of the shop with four pictures, as I went to work—I could not tell my uncle, because he was out of town—he returned on Friday night, and I told him—the prisoner is the man that I saw.
Prisoner. Q. You said, Mr. Halls, that you saw me in Berkeley-square? A. No; I saw you come out of the shop—I said you were going towards Berkeley-square—the clock had struck two, and I had to be at work in Berkeley-street by two o'clock.
Prisoner. Q. Was I in the shop? A. Yes; I described your person to the prosecutor, and he said he knew the man—you were dressed in black—I believe you are the man—I have no doubt of it—you had curled hair.
Prisoner. On the 29th I had a fustian coat on, and I wore it till last
Thursday, when I put on a black coat—the witness Cloney stole some pictures—I am not the person—I was not in the shop.
GUILTY . Aged 21.—Tansported for Seven Years.
100. JOHN SMITH was indicted for stealing, on the 2nd of November, 2 gowns, value 19s.; 2 handkerchief, value 5s.; 1 coat, value 7s.; 1 pair of trowsers, value 2s.; the goods of David Carty: 1 gown, value 14s., and 1 handkerchief, value 1s.; the goods of Ellen Carty.
DAVID CARTY . The prisoner lived at my house for a week—he slept in my cellar—there is a step ladder from the cellar to my room—there is no lock to my door—he has no parents, and was sleeping outside on the stairs—I pitied him, and let him sleep in my cellar—the things stated were on the line in my room on the 1st of November—I went to bed about nine o'clock, and got up at half-past four to go to work—there was a hod and shovel of mine in the cellar— I went and found the child's frock there and the chap gone—I asked my wife where she put the child's frock—she said, "On the line"—I went up with a light, and there was nothing on it—I then went and gave notice to the officer—I saw the prisoner at Blue Anchor-yard, under a stair-case, and the clothes by the side of him—I said, "Is that Jack?"—he said, "Yes"—I said, had he the clothes—he said, "Yes"—I took the clothes, and some persons said, "Let him go," and I said, "Let him go"—another said, "If I let him go, I should be taken myself"—I then got frighted—some of them took him again—the policeman has had the clothes ever since—these are my clothes, my wife's and children's and sister-in-law's.
GUILTY .* Aged 14.— Transported for Seven Years.
ELIZABETH M'PHEARSON . I live in Saffron-street, and am the wife of Angus M'Phearson. The prisoner was formerly our lodger for seven years—I missed these things about a fortnight ago, and gave her into custody—she pulled five duplicates out of her bosom, and gave them to the policeman—never knew her dishonest before—she was in distress, and her husband is out of work—I took her in, and kept her as well as I could.
(Property produced and sworn to.)
Prisoner's Defence.. I was in great distress, and thought I might take them out for her.
GUILTY . Aged 30.—Recommended to mercy. Confined Five Days.
ELIZA CROWDER . I live in Monmouth-street, and am the wife of Nicholas Crowder—he keeps a boot and clothes shop. The prisoner came into the shop on Saturday evening, the 14th of October—I walked into the shop, and said, "What are you looking for?"—she said, nothing, but walked out—I followed her to the private door—I then touched her on the shoulder, and said, "What do you want?—she showed these boots which had been on the counter, and said, "I was looking at these"—I wanted to take them from her, but she held her apron so tight I could not—I pulled her into the shop, and a neighbour fetched a policeman—we then found in her apron this pair of shoess—he said she was going to look at the boots at the gas, but thee was gas on the counter.
Prisoner. I was not out of the shop Witness. Yes; she was on the step of the private door.
GUILTY . Aged 29.— Confined Three Months.
WILLIAM TILLIER . I live with my father-in-law, Joseph Orange, in Yardley-street; he is a broker. On the 19th of November, I went out about six o'clock in the evening, and overtook the prisoner carrying a chest of drawers, which were my father-in-law's, on his shoulder—I had seen them safe an hour before—I said, "Halloo, where are you going?"—he said, "A man employed me to carry them; if you will let me go, I will bring them back"—he brought them to the corner of the street, and I gave him into custody.
Cross-examined bt MR. DOANE. Q. Did he not say he was to have a 1s. for the job? A. No;
Prisoner. I told him the man was over the way, carrying my hat. Witness. He said the man was carrying your hat—I looked round, but saw no man, nor the hat—I asked him where his hat was; if he had thrown his hat away, I should have seen it—I took him fifty yards from our house.
GUILTY . Aged 20.— Confined One Year.
PETER KENDALL (police-sergeant P 1.) On the evening of the 9th of November, I was in the city, but not on duty—I saw the two prisoners near Bow Church-yard—I saw Brian take this handkerchief from a gentleman's coat pocket, and put it into his bosom—I laid hold of him, and took it from his bosom—I had seen them together about ten minutes before, and saw them attempt two gentleman's pockets—I was following two others, and I saw Brian make an attempt, which made me watch them—I charged Brian with taking it—he said nothing—Speller said nothing.
Brian. I was going along through the mob, and picked up three handkerchief in a hat—I chuched the hat away. witness. The ground was muddy, the handkerchief was quite dry.
SPELLER— NOT GUILTY .
BRIAN— GUILTY .—Aged 16.
of November, and saw Speller draw a light-coloured handkerchief from a gentleman's pocket, and hand it to Brian—I believe this to be the handkerchief—I could not positively swear to it—I took Speller, and called to Kendall to take Brian—I searched Speller, and found this other handkerchief marked "E. T.," under his waistcoat—I had seen the prisoners in company before.
Speller Defence. I had been to my cousin's in the Strand, and saw this boy—we were going on, I saw a hat with a handkerchief in it; I took that, and then he took it up, and there were three other handkerchiefs in it.
(Timothy Scannell, of George-street, Spitalfields, a plasterer, gave Brian a good character; Daniel Baker, of Quaker-street, Spitalfields; Alice Craven and Mary Speller, the prisoner Speller's mother, gave him a good character
SPELLER— GUILTY . Aged 15.
BRIAN— GUILTY . Aged 16.
Confined One Year.
106. THOMAS HEAPS was indicted for stealing, on the 8th of November, 1 watch, value 2l.; 1 seal, value 16s.; 1 watch-key, value 6s.; 1 split-ring, value 5s.; the goods of John Abrahams, his master; and FREDERICK STYLE was indicted for feloniously receiving the same, well knowing them to have been stolen, against the Statute, &c.
JOHN ABRAHAMS . I keep the Swan public-house, Kingsland-road. The prisoner Heaps has been in my service for five months, as pot-boy—on the 13th of November I missed these things from a box in my dressing-table, in my bed-room—I had seen them safe a week previous—I asked Heaps if he ever saw the watch—he said he had not—I asked Mary, the servant-girl, if she had seen it—she said yes, Heaps had shown it to her—Heaps was present—he then owned he had seen it—I insisted for some time that he must know something of it—I promised that if he would give it up, and acknowledge that he stole it, I would forgive him—he still said he knew nothing of it—I got a policeman to the door—he then called me, and said he would take me to where it was—he took me to the prisoner Style's, a short distance from the house, in Mill-lane, I believe it was called—I called Styles up—I did not say any thing to him myself—I let them go a short distance off—they took us to a man of the name of Wolfe—I do not know where he lived—It was in Hoxton—one of them knocked at the door, and asked for Wolfe—the wife would not open it at first—Style told her his name, and then the door was opened—they said they came for a watch—I cannot say which it was said that—I believe he said a watch—she said "What watch?"—they said a watch that her husband had got—one of the prisoner then asked it Wolfe was at home—she said, "Yes," and they went in to see Wolfe—one of them asked Wolfe for the watch—I believe it was Style—Wolfe said, "What watch?"—he said, "A gold watch"—he said he knew nothing about it—after that one of the prisoners said, "D—n it, you know you have got the watch; give it up, it will be all right"—I really do not know which said this—Wolfe said he should not give up the watch, unless the other Style was there—we them went to call John Style up, and went with him to Wolfe's—I waited outside—I had two policemen outside, who afterwards went in, and the watch was produced—the key-ring and seals ere gone—I asked Heaps where the key and ring were—he said he had lost them—I am sure he said that—I first of all promised to forgive him if he would give it up, but he still denied it, for some time after that—I gave him no further hopes—I told
him I would give him in charge on suspicion—If he had produced the property I certainly should have forgive him—I have no recollection of telling him so after the first time.
Cross-examined by MR. DOANE. Q. Had you not repeatedly said that you would forgive hi? A. Yes, several times—I asked the maid about it, and said, "Your mistress's watch"—I believe Heaps said if I came with him he would take me to where the watch was that he found, and he did take me there—I had seen the watch within two or three months.
Style. When he, and Mr. Ford came to my father's Ford said if the watch was produced, or we would tell him where it was, he would forgive us. Witness. I believe there was something of the sort said—It was after that the watch was given up.
Style. I instantly took him to Mr. Wolfe's, at the top of Hoxton, and the watch was given up instantly—he said before Mr. Ford and Mr. Wolfe, that if it was given up he would forgive us.
THOMAS FORDA . I live in Lam-place, Kingsland. I was at Mr. Abraham's on the Friday night when Heaps said he would take him to where the watch was—he did not say he had found it—I heard his master promise to forgive him—I went with him to Style's—when he came down they walked some distance together—I went between them, and said, "Now you had better confess where the watch is"—Style said, "You behave like a man, I will tell you where it is"—he then took us to Wolf's house—Wolfe strongly denied having it, one of the prisoners then said, "D—n it, Wolfe, give up the watch, you know you have got it, the gentleman won't hurt you"—It was then produced.
Cross-examined. Q. You promised forgiveness if they would give up the watch? A. No; Mr. Abrahams did—I told the boy he would be forgiven—I am not a solicitor—I said to Wolfe, "You had better give it up, I am a solicitor"—I am on the Stock Exchange—I did not advise their being taken into custody—I came out and told Mr. Abrahams that the watch was in the house, and he went in with the two policeman—I had nothing to do with the charge.
Style. Q. When you came to my father's house, did I take you directly to Mr. Wolfe, or did I not? Witness. You walked some distance with the other prisoner.
Style. I did not know at first what watch he meant—my father is in the watch business, and when Heaps told me it was the watch he found, I took him to where my brother sold it.
CHARLES WOLFE . I live at No. 116, Hoxton Old Town, and am a tin plate worker. I was at the Stag's Head public-house—John Style came there with a watch—I gave him a sovereign and a half for it—that was not this prisoner—I did not give it up, because they were strangers—they came to my house—I said I would give it to the person I had bought it of—the policeman will not say that I denied it.
NOT GUILTY .
MR. CHAMBERS conducted the Prosecution.
we are Parliamentary agents. The prisoner was our clerk on the 4th of September, and had been so since January or February, 1834—he had never been authorized to discharge bills due from our house, but it was his practice to do so, and we always expected the bills to be brought in by him—Messrs. Vachu, the law-stationers, do business for us—they live in Parliament-street—on the 4th of September, or on the day preceding, (as far as I can recollect,) the prisoner came to me, and stated that Messrs. Vachu were anxious to have a little money from us—he presented a bill for business done by them for us in the Yarmouth election case—I have no doubt that, in consequence of that, I wrote a cheque, as I find here one drawn on that day, and signed by myself and partner, Mr. Joseph Sherwood—I did not write a banker's name across it, for Mr. Sherwood keeps an account of the bankers' names, and I do not know them—I merely write "and Co." upon it—the other part was to be filled up by Messrs. Vachu—this cheque was obtained from our bankers, by Mr. Sherwood.
Cross-examined by MR. DOANE. Q. You say you believe you drew this cheque? A. I know I drew it, and believe it was for the payment of this bill—we had several accounts with Messrs. Vachu—this one for the business done in the Yarmouth election, is for 42l. 7s. 7d.—we owed them more than this—It was on the prisoner's application that I drew the cheque—I saw him when he was brought to the station-house—I did not say any thing to him about an arrangement, nor did I hear the officer do so—this cheque would not enable Messrs. Vachu to get the money without its being paid into a banker's the words "and Co." being across it—we had cash to a greater amount than this in Messrs. Drummond's hands—we were neither the richer nor the poorer while this cheque remained in our possession—our from consists of Thorpe, Pritt, and Sherwood; and we sign our cheques so.
THOMAS BRITTAN VACHU . I live in Parliament-street, and am a law-stationer, in Partnership with my father. We do business for Messrs. Sherwood and Co.—there was a bill for the Yarmouth election—I am not quite sure whether the prisoner might not have some conversation with me respecting the payment of this bill, because Messrs. Sherwood's clerk requested we would make out this bill, without reference to other business—this must have been shortly before the 4th of September, because the business did not conclude till the middle of August—I have no recollection of making any application for the payment—I am pretty certain I did not do it—the prisoner did not call and pay it.
Cross-examined Q. Did you not send the account in in the regular way? A. It was not sent till it was asked for, and would not have been sent in separately if it had not been desired.
WILLIAM BESTOW . I am a lace manufacturer, and reside at Islington—my house of business is at No. 98, Wood-street, Cheapside. Early in September the prisoner brought a cheque to me—I did not see the date of it—he asked me to give him the money for it—I said it was not convenient for me to give cash for it—I saw it must go through the bankers, as the words, "and Co." were across it—he said his employers had left that cheque for his salary, and that of another young man in the office, and that it was very inconvenient, as he did not know where to find his employers,
or he would send it back again—I took him to Mr. Liggins, a neighbour and friend of mine, who cashed it.
JOHN WHEATLEY LIGGINS . Mr. Bestow came to me with another person—I could not swear it was the prisoner—I cashed the cheque for Mr. Bestow—I did not look at the date of it particularly—I believe it was on the 8th or 9th of September that I cashed it—the cheque went with others to my bankers, Messrs. Cunliffe, Broooks, and Co.—I did not write upon it, as it was already crossed, as we call it—It would do for any bankers—I cannot swear that this is the cheque.
JOSEPH WILLIAM GRAY . I am clerk to Messrs. Cunliffe's and Co. On reference to our books, I find there was a cheque paid in by Mr. Liggins—the only knowledge I have of this cheque is by the mark of Jones and Lloyd on it, who are our bankers.
Cross-examined Q. How do you know that? A. My cancel-mark is upon it which enables me to swear I paid it.
CHARLES OTWAY (police-constable R 42.) I went to Deptford, on the 19th of November, to look after the prisoner—I found him at his lodging—I asked if his name was not Allen—he said, after some little surprise, that it was—I showed him the cheque for 42l. 7s. 7d., which I had received from Mr. Pritt, and asked if he knew any thing about it—his answer, was, "Yes; Good God! what am I to do?"—he sat down on the chair, and put his hand on his forehead.
Cross-examined Q. I believe he came willingly with you? A. Yes, he did.
(Charles Hewther, a gun-manufacturer; Mr. Richard Clarkson, a drysalter, of Trinity-lane; and Mr. William Awes, clerk in the Private Bill Office, in the House of Commons; Thomas Smith, an ivory-turner; and William Lawless, a solicitor, gave the prisoner a good character.)
GUILTY . Recommended to mercy by the Jury and Prosecutors. Confined One Year.
GUILTY . Aged 30.— Confined Fourteen Days.
Fifth Jury, before Mr. Sergeant Arabin.
JONATHAN TILLEY . I am a shoemaker, and live in Ratcliff-highway. On the 21st of November, about five o'clock, my daughter told me my shoes were moving—I went out, and caught the prisoner, three doors from my shop, with this pair of half-boots behind him—they are mine.
Prisoner. He took them off the ground.
GUILTY . Aged 14.— Whipped and discharged.
HARRIET COX . I am the wife of George Cox, a butcher, of Copenhagen-street. On the 12th of November, the prisoner, who was a stranger, came to the shop—he asked for a piece of salt beef—I said there was none in the shop; would any thing else do—he said he would rather have a bit of salt beef—I went into the cellar for it; and when I came up, he was gone—two steels were afterwards missed from the shop; one was my husband's and one the foreman's.
Cross-examined by MR. CHAMBERS. Q. Had you ever seen the prisoner before? A. No—he was there seven or eight minutes—It was between seven and eight o'clock in the morning—the steels were there the evening before.
ROBERT JEFFERYS . I am the foreman. I missed my steel when I came back from the slaughter-house—I had hung it on the knuckle of a sheep, in the shop, the night before—while was in the slaughter-house, the prisoner came to me, and offered to sell me a sideing-knife—I said I did not like to buy things so—he said he was a broken-down butcher, and was selling off his things, to buy a dog and a cart—I bought the knife of him for 4d.—when I came home, my master said he could not find his steel—I said he might use mine, but my own steel could not be found; and I then found it was my own knife, which I had bought of the prisoner.
GEORGE HAVILL . I am a police-constable. I heard of these steels being lost, and went to some cottage at Holloway—I found the prisoner in one of them, with his wife—I forced the door open, and said to him, "What have you done with those steels?"—he said, "I know nothing of them"—my brother-officer searched, and found these steels by the side of the fire—the prisoner then said it was from poverty he did it, or words to that effect.
Cross-examined Q. I should like to know the very words he used? A. He either said "distress," or "poverty"—there were six or eight large dogs about—the office had to keep them off with his truncheon.
Cross-examined Q. Now, suppose I showed you six steels like them, could you tell which was yours? A. This one is my master's; if you pull it out, it will not go in again—my steel has two black spots on the handle—If Mr. Dalby was here, he would tell you that—I wanted sixpence abated for that—I never saw any with such marks on them.
(William Marshall; John Bartlett, a painter; William Pye, an eating-house-keeper; and John Boddy, a butcher, gave the prisoner a good character.)
GUILTY . Aged 20.
Cross-examined by MR. CHAMBERS. Q. You are quite sure you bought it of him? A. Yes.
GUILTY . Aged 20.— Transported for Seven Years.
There were two other indictments against the prisoner.
112. DAVID KEEFE was indicted for feloniously forging a request for the delivery of goods; and that he had been previously convicted of felony.—2nd COUNT, for uttering the same and that he had been before convicted.
LYDIA HILL . I am sister to Mr. Joseph Hill a baker in Southampton-row. I was at home when the prisoner came to his shop with written request for two loaves and a quartern of hour, for Mr. Mitchell, his master—this is it (read)—"August 8th, 1835—Mr. Mitchell, his master bearer, my bricklayer have two quarters of bread and some flour; charge it to my account. WILLIAM MITCHELL, 38, Golden-street."—I believed this to be true, and let him have the articles—Mr. Mitchell is a customer of ours—I know nothing of the prisoner.
Prisoner's Defence. I was in great distress.
GUILTY . Aged 46.— Transported for Seven Years.
MARY WILDMAN . I live with Mr. James Van Sommer, of Upper Clapton. The prisoner lived in the neighbourhood—she came there on Wednesday, the 11th of November, as a visitor to my fellow-servant, who has now left—nothing was missed till one spoon was brought to the house on the 16th-we then missed two—I knew the prisoner was living as housemaid at Stamford-hill.
RICHARD HOWARD . I was living with Mr. Kelly, of Hackney-road. On the 12th of November the prisoner came to the shop and inquired whether we bought old silver—I said, "Yes"—she offered a dessert spoon, broken in two pieces—I asked whose it was—she said her own—I asked where she brought it from—she wanted to know why I asked, and refused to satisfy me—I got the officer, and gave her in charge—I gave the spoon to the officer.
Cross-examined by MR. CHAMBERS. Q. What is your master's name? A. James Van Sommer—I have lived seventeen years there—he is married—there is only the lady and gentleman, and two servants—the servants are allowed visitors—I had none that week—the prisoner came, and a young man came at ten o'clock to fetch her home—he had not the opportunity of getting these spoons, they were in the drawer—the prisoner was
there all the evening—I was not called up stairs while the young man was there—we think he is her husband.
Prisoner's Defence. I did not take the spoon—this young woman was not at home the day I called, she was out for a holiday—I went to see the cook.
(The prisoner received a good character.)
GUILTY . Aged 26.— Confined One Year.
PHILIP EAST . I am a bookseller, and live in Holywell-street, Strand. The prisoner had been in my service about two years, and what he sold he entered in the day-book—he was to account to me for every thing he received—on the 17th of November he did not account to me for this 2l.—the day after the goods were sold, Mr. Elkins' young man called, and asked for another book, and then I heard of it.
PHILIP EAST re-examined. On the following day I heard these books had been sold—I referred to the day-book, and it was not down—I asked the prisoner whether he knew what had become of these books, on the following morning, and he said he did not know—on the Saturday following I called on Mr. Elkins, and then I spoke to the prisoner again—he still denied any knowledge of it; but, at the police-office, he acknowledged that he had sold the books and received the money.
Prisoner. He only asked me about one book—I said I did not know what had become of that—he never asked me about the other two—on Tuesday I sold the books; and being in want, I used 3s. or 4s. of the money; intending to make it up, as I knew on Friday 1 should receive some wages—It was not done with the intention of defrauding him—I gave the policeman 1l. 17s. at the station-house, and said that was part of the money.
WILLIAM POCOCK . I am a police-constable. I took the prisoner on Saturday night last, and searched his pockets and found 1l. 17s. 0 1/2d.—he said, "That is part I received for the books;" and that when his master paid him h meant to have made up the money.
Prisoner. I had the money in my own hand, and I said, "Here is 1l. 17s."
MR. EAST re-examined. I used to settle his wages weekly and then we accounted together—I had him taken up about half-past nine o'clock.
Prisoner. Each book, when brought into the shop, was entered in a stockbook, as it is called, and the prosecutor puts his initials to it—Mr. Elkins told me, he should come the next week for more books—I sold him one lot, and the other lot I could not take the money for.
PHŒBE PARRY . I am the wife of John Parry, and keep a clothes-shop in Playhouse-yard. On the 21st of November, my little girl said somebody had taken these shoes—I went out, and saw the prisoner in custody of a police-officer—these are my shoes.
looked to see if any body was looking, he then set off running—I pursued—he dropped these shoes, and the officer took him.
(Ann Coleman and the prisoner's brother-in-law gave him a good character, and prosmised to employ him.)
GUILTY . Aged 11.— Whipped and discharged.
ROBERT HOLLAND . I was in Drury-lane on the 24th of November, at half-past eleven o'clock in the evening—I felt a touch at my pocket, I turned, and the prisoner was close behind me—there was no one else near me—I seized him—he said he had nothing, and I might search him—I was going to do it, when a boy at a window gave me my handkerchief.
JOHN STALLARD . I was in Drury-lane, and saw the prosecutor there—the prisoner threw the handkerchief at me—I did not see him take it from the prosecutor, but he threw it at me—I did not see him take it from my prosecutor, but he threw it at me from under his waistcoat—It fell at my feet, and the prosecutor took him.
Prisoner's Defence. I never touched it—he did not see me throw it from under my jacket—I had been to the play, and was returing, when this gentleman caught hold of me.
GUILTY . † Aged 18.— Transported for Seven Years.
DENNIS SETTLE . I am a surgical-instrument maker. The prisoner was in my employ for nearly three weeks, as journeyman—I gave him a sovereign, to purchase of Mr. Weedon, of Hart-street, Bloomsbury, some surgical splints—he returned with some and said he had got them of Mr. Weedon, and paid for them—I asked him again and he said the same—I gave him in cahrge—he then confessed that he neither got them of Mr. Weedon nor for them.
THOMAS SOPER (police-constable F 52.) I apprehended the prisoner at his master's shop—he said he bought them of Mr. Heather in the name of Mr. Weedon, and he had not paid for the splints, but intended to pay them the first full week's pay he had—Mr. Heather is not here.
DENNIS SETTLE re-examined. Q. Did the prisoner bring the splints home to you? A. Yes; shall look to me for the money—Sir Frederick Roe thought Mr. H eather's evidence of no importance, and struck his name out.
DENNIS SETTLE . On the 13th day of November, the day after the prisoner was taken on the previous charge, I missed a hand-vice—I went to the nearest pawnbroker, three or four doors from my house, and found it had been pledged there, with these other articles, which are mine.
Cross-examined by MR. DOANE. Q. Did you take them in yourself? A. I took one in—I was not present when he pawned the others, but I have seen him in the shop repeatedly—I have no doubt he is the person who pawned them.
Cross-examined. Q. Have you any mark on them? A. These two have my name on them—they had not been sold—I do not put my name on all I make—these forceps I gave the gentleman, at the London University, to try if they would do and they would not—they were returned slightly soiled—I left them on my bench.
Prisoner. The pawnbroker has false sworn—I never saw him—I certainly entered the shop once, but I did not pawn these things.
GUILTY .* Aged 20.— Transported for Seven Years.
SARAH ANN MORING . I am a servant to Mr. Pound of Great James-street. On the 9th of November, I was at the corner of Queen-street, Cheapside, between three and four o'clock—I was standing to see the Lord Mayors's procession—I had my pocket on—It contained the articles stated—my pocket was turned inside out—I do not know who did it—I saw the prisoner apprehended—he was close to me—this is my property.
Cross-examined by MR. PHILLIPS Q. You are not married? A. No; I had taken my purse out before I left home.
JAMES WILD (police-constable R 141.) I was in Cheap side, and saw the prisoner behind the prosecutor—he put his hand in and drew her pocket through the hole of her gown—he took these things out—I seized his hand, and he dropped them—I gave him to my brother officer.
Cross-examined. Q. Are you quite sure he took these things out? A. Yes, Sir, he did.
Prisoner's Defence. I did not do it.
(Henry Allebin, carpenter, Limehouse, and Mrs. Allchin, gave the prisoner a good character.)
GUILTY . Aged 28.—Recommended to mercy by the Jury and prosecutrix.— Confined Six Months.
JONATHAN TILLEY . I keep a shoe shop in Ratcliff Highway. I saw the prisoner come to my shop on the 6th of November and take away pair of slippers—he got four doors off, and I caught him with them under his arm—I gave him to the policeman—these are them.
Prisoner. He takes a false oath—I never took them, nor had them on me—they were twoyards from me.
GUILTY . Aged 17.*— Transported for Seven Years.
OLD COURT.—Saturday, November 28, 1835.
Third Jury before Mr. Sergeant Arabin.
MARTHA GANDY . I am wife of George Gandy and live in Worship-square. The prisoner came to char for us on the 19th of August after she was gone—she called at my house the following day—I told her I missed a table-cloth—she said perhaps it has been mislaid at the mangle—Mrs. Dickenson gave me some duplicates afterwards.
HANNAH DICKENSON . The prisoner lodged with me—she is a widow—my husband found these duplicates in a hole in the floor of the prisoner's room—I had heard the prosecutor had lost the articles—nobody else lodged in the room—I gave the duplicates to Mrs. Gandy—I could not find the prisoner till last Saturday.
GEORGE DYKE . I am a pawnbroker and live in Shoreditch. I produce a table-cloth, pawned by a woman on the 19th of August, this duplicate produced by Mrs. Gandy, is what I gave the person—It corresponds with the counterpart.
JOHN MARTIN HAIGH . I am a pawnbroker, and live in Holywell-lane. I have a towel and napkin pawned on the 20th of August and two napkins on the 22nd-the first pledge was taken in by myself from the prisoner.
(Property produced and sworn to.)
GUILTY . Aged 46.— Confined Three Months
SARAH PICKETT . I am the wife of John Pickett, and live in Baldwin's-gardens. The prisoner took my lodging about two days before this happened—he had the first back room at 3s. 6d. a week—he has not paid any thing—he did not leave till he was taken on suspicion of stealing some leather from his master and I missed this pillow.
(Property produced and sworn to.)
Prisoner's Defence. I was greatly distressed owing to my wife running away and leaving nothing but what I had got on.
MRS. PICKETT re-examined. His wife is a very bad character—I believe she has been the cause of this—he has no children—he had lived with me before and behaved well.
(The prisoner received a good character.)
GUILTY . Aged 25— Confined Six Days.
JOHN OVAR . I live in Charles-street, Northampton-square. I havea house in White Lion-street, Norton Falgate—the prisoner is a painter—I put him into the house to sleep and take care it, ever since last August—the
roof and every thing was secure—I was to pay him for his work and when the house was let I promised to give him a sovereign—on the 24th of October I went to the house—he had called on me the day before to say a gentleman had taken the house, who would call on me before nine o'clock on Saturday—I stopped at home, and the gentleman did not come—I went next morning and found the house locked up, the bill taken out of the window, and the prisoner had absconded—I got in and found the house stripped and all in a flood of water—about 4 cwt. of leas was gone.
Prisoner. Q. How long have you know me? A. About six months—I recollect Watts, who lived in my house in the Commercial-road—he went away in arrears, and I left you in possession.
JAMES BEVAN . I live in the Commercial-road. I keep two carts and move goods and furniture—the prisoner came to me on Wednesday night, the 22nd of October, to hire my cart for the next morning, at eight o'clock—I asked what sort of a cart he wanted—he said it was to take 3 or 4 cwt. of lead—I got to No.15, White Lion-street about nin e o'clock in the morning—the lead was loaded and taken to a lead merchant in Whitechapel-road, at the corner of Union-street—the prisoner helped me to load it, and went with me—he paid me 1s. 6d. for the cart.
Prisoner. Q. Was there any lead piping among it? A. I believe there were three or four pieces—the lead altogether weighed nearly 3 cwt.—you said while it was being weighed, that it had been taken off the house, because the gentleman would not pay for repairing it.
MR. OVAR re-examined. He was apprehended on the 18th of November the house is my property and of course the lead is.
Prisoner's Defence. I have not had time for witness, or I could show the lead is not the prosecutor's.
GUILTY . Aged 28.— Transported for Seven Years.
124. JOHN SMART and CHARLES MARTIN were indicted for stealing on the 21st of November 29lbs. of rope, value 3s., the goods of the West India Dock Company; and 12lbs; of rope, value 2s., the goods of Hugh M'Intosh.
GEORGE TURNER . I am a policeman. I was on duty on the 21st of November, at Limehouse and saw the two prisoners going down towards the City Canal and after passing us some distance they changed their hats—I and my brother officer followed them down to the canal—they went behind a quantity of timber and in about twenty minutes Martin came up with a long coil of rope on his shoulder and he met Smart about 300 yards off, who took it on his shoulder—my brother officer and I stopped them coming down the hill and found a knife on Martin—they were in company both before and afterwards.
THOMAS BLACKMORE . I am a gateman in the West India Dock Company's service. I missed this rope on the Sunday morning—the prisoners were taken on the Saturday evening—It was taken from a boom at the entrance of the dock—It was cut—I swear positively to its being the Dock Company's property.
Smart's Defence. I was called out of bed, between five and six o'clock, to help this man carny the rope—I did not know where it was got from—the man told me to go on, and he would overtake me—I took the rope off shoulders, and helped to carry it.
SMART— GUILTY . Aged 16.
MARTIN— GUILTY . Aged 22.
Transported for Seven Years.
Before Mr. Justice Park.
125. JOHN WRIGHT and THOMAS FIELD were indicted for stealing, on the 20th of October at Allhallows Barking, 1 portmanteau, vlaue 10s.; 2 coats, value 10s.; 2 pair of braces value 2s.; p 2 pair of boots value 1l.; three handkerchiefs, value 3s.; and 2 pair of socks, value 3s., the goods of Philip Baker, in a vessel, upon the navigable river Thames—2nd COUNT, stating them to be the goods of Robert San dwell Stramack; and JAMES SAUNDERS , for feloniously receiving 1 shirt, value 10s.; 1 pair of braces, value 2s.; 2 handkerchiefs value 1s.; part of the said goods, well knowing them to have been stolen against the Statute.
ROBERT THORN . I am porter at the New London Hotel, Bridge-street I remember packing a portmantean, on the 20th of October—It belonged to Mr. Philip Akerman, who was staying at the Hotel—I put it into a coch, with the remainder of his luggage and took it to the Custom House Stairs, near Billingsgate Market, about a quarter before eleven o'clock at night—I was going to put it on board the Hamburg steamer the Columbine—I went on board with him—the waterman John Crew took us on board—I saw it safe on board—I placed the two portmanteans nerly facing the door of the cabin—I remember putting two pair of boots into the portmanteau and I think a waistcoat, several coats and other articles some of which have been found.
Cross-examined by MR. PAYNE. Q. Into whose care did you give the luggage? A. I do not know who it was; it was very dark but I placed all the articles on board—Mr. Akerman, and a friend of his assisted in putting the things into the potmanteau—I put them on board the vessel within five minutes of a quarter to eleven o'clock—Mr. Akerman was gone on abroad—I saw every thing safe on board the steamer.
JOHN CREW . I am a waterman. On the night in question, I took the witness on board the Columbine—the prisoners, Field and Wright are waterman—I saw them that night they assisted in carryng the luggage dowm from the coach—they acted as porters to my boat—they did not come on board the boat—Thorn paid them.
Cross-examined. Q. Was it their regular place, as watermen? A. Yes—four packages were put into the boat.
THOMAS BOYLE . I acted as steward on board the Columbine. I recollect Mr. Akerman coming on board—I do not remember Thorn being with him—Mr. Akerman went with us to Hamburg—we sailed on Wednesday the 21st October at one o'clock on Friday afternoon, and had no complaint of the portmanteau being missed till we got on Hamburg.
Cross-examined by MR. PAYNE. Q. Do you keep a watch on board your steam-boat? A. There was mo watch kept that night—we shipped twenty-two horse that night; and it took all the crew and more to get them on board—the Custom House officers and the pilot left the vessel,
when we got down the river—the pilot has one man—I saw nothing of the prisoners on board the vessel.
JOHN HENRY SCOTT . I am a waterman. On the morning of the 21st of October, I saw something in the mud, between the Custom House Quay and a boat head at a quarter before seven o'clock—I went and overhauled it—It was a portmanteau with the lock cut out of it—the portmanteau it now in court—there were some papers and books in it—I took them home and afterwards to Mr. Lindgreen, as he came to our house the same evenng to make inquiry—he lives in Crown-court, Broad-street—looked at the outside of the letters—a good many of them were directed to Mr. Akerman at the Hotel, Bridge-street.
Cross-examined by MR. PAYNE. Q. Which stairs was it nearest to A. About the middle of the Custom-house—the prisoner belongs to the upper stairs—It was rather nearer the lowe stairs thean trhe upper if any things.
JAMES FOGG . I am an officer of the Thames-police. I went with a warrant on the 16th of November, to the house of the prisoner, James Saunders, in Backchurch-lane, St. George's in the East—he was not at home, but his wife sent for him—when he came he said, "I am sorry to see you here Mr. Fogg"—he knew me—I told him a gentleman's portmanteau had been stolen from a steam-boat—of shirts braces stockings and other articles, mentioning some—Evans was with me—I said the shirts buttoned over with a lapelle and buttoned right over, which was the description given to me, and that there were three pairs of India-rubber braces—I told him I knew he had got one shirt—he said no he had not anything of the sort—I think his words were he had not bought any hting of the sort—I them asked him id he had not bought any duplicates—he said no that a man had offered him some but he would not buy them—I asked him if he know Wright or Field he said no he did not know them by name—I then pulled out a search-warrant and said, "Now, I must search your house"—he said, "Oh I recolled, my wife told me when I came and handkerchiefs out of the drawersshe handed one shirt and one shirt kerchief and said the other one the child had got to hem, at school and she went for it—Saunders unbuttoned his waistcoat and shirt and one handkerchief and said the other one the child had got to hem, at school and she went for it Saunders unbuttoned his waistcoat and said, "Here is a pair of the braces I have on" and pulled them off—they were India-rubber ones—he laid them on the table—Evans took up with the shirt and handkerchief—I took them to the office and returned to his houseon the way there I saw Wright on the opposite side of the way, with one hand in each pocket—Evans took hold of his right-hand, and I of the left and took him into Saunders' house—he said, "What do you want with me? self back on two chairs and got he hand I held out of his pocket—I saw something white drop from his hand—I picked it up, and found it was six duplicates—here is one for a pair of boots pawned on the 21st of October, for 6s., at Bradley's; another pair pawned on the 21st at Baly's for 4s. in the name of John Thompson; one for a pair of trowsers for 15s., in the name of John Williams on the 21st of October also at Blay's; another dated 21st of October for a pair of trowsers for 15s., at Manders and Steward's in the name of John Williamson and on the same day at the same place, a coat for 2l. 10s., in the name of Robinson; on the 6th of November,
a suit of clothes for 2l. 10s., at Mr. Telfer's, in the name of Bradley—I showed him the duplicates and he said, "Now, why don't you go and get Field?"—I went in onsequence of his directions to Fiels's house, which was about three hundred yards from Saunder's—I took a man with me to knock at the door—I think Field's wife came to the door—I was just round the corner—Field came out with the person who knocked at the door—I heard the person say, Saunders wanted to see him—he went to Saunders' door with the other man, and I aboved him in—I did not put any questions to him.
Cross-examined by MR. PAYNE. Q. How long have you been an officer? A. Nearly twenty years—I told the person to say Saunders wanted to see him—that was untrue—1 put the duplicates into my pocket when I picked them up, and have kept them ever since, except showing them to the pawnbroker—I marked them ever since, except showing them to I am quite certain they are the same—I searched Wright and found nothing on him—I had seen the duplicates come out of his hand in a white paper—they fell on my feet.
Cross-examined by MR. CLARKSON. Q. When Saunders told his wife to bring the things from the drawer, did not he scold her and complain of her buying the things in his absence? A. Yes; and she said they had many words through it—he took the braces from his person—I do not think I should have searched his person—this is a very small part of the property missing—I have known Saunders for years—I believe he has lived there a great many years—I mostly saw his wife in the shop—I do not know that he follows any occupation—she might have bought it in his absence in that neighbourhood—I never knew him in custody, and never knew any thing bad of him—his wife asked my name, and sent for him—she sent a girl first and then asked my name—I told-her, and she ran out directly herself and brought him—I searched tha house all over but found nothing else referring to the transaction—we brought another handkerchief away, which we thought belonged to the party and I found afterwards it did not—he said we had better take it, as it might belong to the prosecutor.
JOHN DOWSON . I am shopman to Mr. Blay a pawnbroker in the New-road. I have a pair of trowsers, pawned for 15s., by a man, but neither of the prisoners—I should know him—It was in the name of John Williamson—I have a pair of boots pawned for 4s., not by the same man, but I am confident it was neither of the prisoners—he gave the name of John Thompson—I afterwards examined out stock and have found two pair of half-hose, and two handkerchiefs, pawned by a little girl who is here for 4s., in the name of Sarah Nice, for her mother, on the 22nd of October.
SOMERVILLE TELFER . I am a pawnbroker. I have a waistcost pawned on the 21st of October, with a coat and trowsers, for 2l. 10s., in the name of Mary Bradley, by a woman—the waistcoat is the only part claimed—the things are nearly new—she appeared a respectable woman, and said they were her husband's clothes.
JAMES FINCH . I am shopman to Mander and Stupart, pawnbrokers in East Smithfield. I have a gentleman's new frock coat, lined with silk, pawned by a female in the name of Ann Robinson, on the mosning of the 1st of October—she
was in the habit of pawning with me—she was a decent-looking woman—I asked her whose coat it was—she said her husband was a tailor—he had got to take the coat home on Saturday night and wanted to raise money to get more work—I asked where her husband lived, she said No.47, White's yard—I think that is in the parish of Whitechapel—on the same day a pair of trowsers and a waistcoat were pawned by the prisoner Wright—they are quite new—I did not know him before—I thought they might be his own—I think it is likely he might wear such a waistcoat—I asked him what he had paid for it, and he said 18s. 6d.
Cross-examined by MR. PAYNE. Q. How long was he pawning them? A. Five to ten minutes—I will not swear it was so much—four or five hundred persons perhaps come to our shop in the course of a day—It is mote than a month ago—I am sure he is the man.
COURT. Q. I presume it is not often that men of his description bring such splendid clothes? A. Yes, we have, very often—I have a corresponding ticket to the duplicate.
ADOLPHUS LINDGREEN . I am a merchant and live in Broad-street. I know Mr. Akerman perfectly wellhe is a friend of mine—his christian name is Phillip—I was with him on the evening in question when he was leaving the hotel and saw part of the things put into the portmanteau—(looking at it)—this is the portmanteau I saw that night—his name in on it, on a brass plate—I had seen it in the room that night—I am quite positive it is the portmanteau—he is now in Sweden.
Cross-examined by MR. PAYNE. Q. Did you assist in the packing? A. I was looking on, and might put a few papers in—I have known Mr. Ackerman many years and know he never went by any other name—I constantly called him Philip.
AMBROSE BRADLEY . I am a pawnbroker and live in Cable-street. I have a pair of boots which was pawned was pawned with me. on the 21st of October, in the name of John Williams, for 6s.—It was neither of the prisoners.
JOHN LANABEER . I am a boot-maker in Fleet-street. I have supplied Mr. Akerman with boots—this is a pair I supplied him with and this is another pair—I am certain I sent him both these pairs of boots in October or September—they have both been worn.
Cross-examined by MR. PAYNE. Q. Did you work on them yourself? A. I got them up—they pass through my hands and I know them—they are got up in a peculiar manner.
STEPHEN HUDSON . I am foreman to Messr. Slater and Son, tailors, in St. James'-street. This coat and waistcoat were made at our house—the waistcoat was charged 3l.—I supplied Mr. Philip Akerman with it, a few says before he went—and this caost was charged 9l.—It has not been worn
Cross-examined by MR. PAYNE. Q. How many of this description of handsome waistcoats have you made? Q. A good many—It is French velvet—I do not suppose I ever made one of the same pattern—the coats are not common ones-you seldom see a coat double-lined with silk—we have not made one of that description for twelve months—we do not sell them to shopkeepers.
JAMES BYE . I am in the employ of Mr. Salomans, a tailor, at Charing-cross. This waistcoat was made at our house, for Mr. Phillip Akerman—It is new-we supplied him with it, in November, 1834—here is a pair of trowsers which was made for him, by us.
the office—I have not brought them here—I did know they were wanted.
STEPHEN HUDSON re-examined. Besides the things I have spoken of, I saw another coat and pair of trowsers at the office—I believe Telfer produced them—I could not positively say I had made them lately—I thought they had been made at our house a good while ago; and these trowsers appear to have been made at our house,
CHARLES STEWART . I am in the employ of Silver and Co., out-fitters, on Cornhill, I know Mr. Akerman—our house supplied him with some linen in October—he had his shirts made up in a peculiar way, by the shape of the collar, the depth of the wristband, and the buttons being sewn on extra strong—this is one of the shirts we made—the initials are picked out—I supplied him with braces of this deceription—I know these—we got them made for him—I believe them to be the same I supplied him with.
Cross-examined by MR. CLARKSON. Q. Is the shirt a peculiar pattern made for him? A. We make other gentlemen shirts of the same pattern—I do not know that we ever made a pair of braces like these, except what we made for Mr. Akkerman—I think we have not.
SARAH KNIEE . I am eleven years old, and live my father and mother, in Church-lane, I know a Mrs. Nice—she gave me two pair of socks, and two handkerchiefsm in Mr. Nice's precence. to pledge—I went with them to Blay's. and got 4s. for them—I gave Mrs. Nice the money.
JAMES NICE . The prisoner Field is my brother-in-law—I married his sister—I cannot say where my wife is—she was called out during my absece, to nurse a person, and I have not seen her since—It is a week or eight days ago—I do not know who she went to nurse—she went without informing me—she never says any thing to me, where she goes—she took no clothes with her, and has not been home for any—I have not the least notion where she is—I know the prisoner's wife, by sight—I cannot tell where she is—she is gone away, too—I have never seen her since her husband has been in custody—she lives next door to me.
THOMAS BOYLE re-examined. Six or seven regular men are employed on board our steam-boat—at that time there might be six or eight additional men employed in bringing the horses on board—other luggage, belonging to other passengers, was brought on board that night.
Wright's Defence. I was at the Custom-house, as waterman and porter, carrying luggage down, and and when the coach came up, I and three more took the luggage down, and went on board the vesecl, and at half-past twelve o'clock I went home—last Monday week Fogg met me, and said he wanted me—I was walking with two men—I had both hands in my pocket—I went over the way with him—when they got me into Saunders's back room, they made me sit down—Evans took my right hand out of my pocket, and Fogg, the left—I never heard of any duplicates, till I got to the Thames Police, when the gentlemen saidm "How came you by these duplicates?"—I said."I have seen none"—Foff said, "Oh. oh. that won't do"—I asked him to go for Field, for I wanted him, as he had 2s. 7d. of mymoner, which I wanted, and he brought him in custody to the office—I can prove I was at home at one o'clock that night, when the vessel went away.
Field's Defece. I was at the Custom House-stairs on the 28th of October, as waterman and porter—when there are no City porters there, the watermen carry luggage down, and we share the money among us—I
carried some luggage down—we came ashore at half-past twelve o'clock—Wright wished me good morning, at the top of the stairs, and he wen; home—Wright was taken into custody last Monday week—Fogg sent a gentleman to my place, who asked if I would step round to Saunders, as I was wanted—I said I had no objection; and as soon as I went out, Fogg was behind me, and followed me to Sauners' shop—he searched me, but found nothing on me—they said Wright had sent for me—the reason was, I owed him 2s. 7d.—he took me to the police-office.
(Samuel Manly. a shomaker, of Maze-pond, gave the prisoner Wright a good character.)
WRIGHT— GUILTY . Aged 21— Transported for Fourteen years.
FIELD— NOT GUILTY .
SAUNDERS— NOT GUILTY .
Before Mr. Baron Alderson.
126. ELIZABETH AVERN was indicted for that she, on the 13th of Novembet, in and upon William Avern, unlawfully, maliciously, and feloniously, aid make an assault, and unlawfully, maliciously, and feloniously. did stab and cut him in and upon the back, with intent feloniously, wilfully, and of her malice aforethought, to kill and nurder him.—2nd COUNT, stating her intention to be to disable him,—3rd COUNT, stating her intention to be to do him some grievous bodily harm.
ROBERT SETTLE . I am a policeman, The prosecutor lived in Duck-lane with the prisoner, who, I believe, is his wife—I heard the cry of "Murder" on the morning of the 13th of November—It appeared to be in No. 2, Duck-lane—I went to the prisoner's house, and saw her in the street—I said her, "What is the matter now?"knowing the noise proceeded from her room—she said, "Why, nothing, only the old man drunk again"—I stood listening for five or ten minutes, and heard the cries get fainter—I went up stairs, and found him lying bleeding—he was all over blood—I asked him what was the matter—the prisoner was not present—I came down stairs again, and saw the prisoner—I said to her, "You have been stabbing him again"—she said, "Serve him right, he had no business to throttle me"—I took her into custody, and afterwards took the man to the hospital—the prosecutor is not here.
NOT GUILTY .
JOHN DANIEL COLLINS . I live in William-street, Hampstead-road. Last Tuesday I slep at No.2, Gee's-court—the prisoner slep in the same room—when I got up in the morning I missed a pair of shoes, and found an old pair of half—boots in their place—the prisoner was gone.
ISAAC SPEDBER . I apprehended the prisoner about ten o'clock on Wednesday—I told him it was on suspicion of stealing a pair of shoes from Gee's-court—he said he knew nothing of them—I took them off his feet.
(Property produced a and sworn to.)
Prisoner's Defence. I did not take them—they were in pledge in the Edgware-road a long time—I gave the duplicate to my mother, and she took them out on the Tuesday night.
GUILTY . Aged 19.— Confined Three Months.
Before Mr. Justice Park.
128. MARTIN ISINGBOTTLE, alias Holt, was indicted for burglariously breaking and entering the dwelling-house of William Milner, on the 23rd of November, at the hamlet of Mile-end New-town, with intent to steal, and stealing therein 1 waistcoat, value 6s.6d., his goods.
WILLIAM MILNER . I am a hair-dresser, and live in Church-street, Mile-end New-town—I am the housekeeper On Monday evening, the 23rd of November, a little after five o'clock, I had put a light in my shop—I never light up till it is dard—mine is a closed window—I had between 10l. and 12l. worth of clothes in my window—a pane of glass was starred, but not broken—I was at tea in the room behind the shop—nobody was in the shop—a little boy ran in, and gave me a alarm—my wife went out—I went to the window, and disvoverd a space where I had put some waistcoats in the morning—a piece of glass had been picked out, large enough to let one waistcoat go out at a time—they could not get to the waistcoats without putting a hand in—I missed three waistcoats—my wife returned—she had met the prisoner, who told her he had met some boys running up the next street—he was standing against the door by my wife, and heard what I said—I said, "My dear, you had better come in, for very likely he is one of the party"—she came in, and the prisoner went on—the little boy ran over, and gave me information; and I went after him, with my wife—we overtook him, and my wife took a waistcoat from under his jacket, in my presence—It was quite a new one—the policeman, was there, and she gave it to me—I am certain he is the man.
JOHN PARMENTER . I am ten years of age—my father is a pork butcher, and lives in Church-street, nearly opposite the prosecutor's. I know the prisoner—I never saw him before this happened—I was at my father's door, and saw the prisoner by the light in Milner's window—he was looking in at the window, but turned round, and I saw his face—I am quite certain of him—I saw him take a waistcoat out of Mr. Milner's window—I had seen him looking in at the window three times, and go round the back street three times; and, at last, I saw him take away the waistcoat—I did not see what he did to the glass—I went over to tell Mr. Milcer—I saw the prisoner at the door afterwards, and said he was the boy who took the waistcoat,
(Properly produced and sworn to.)
Prisoner's Defence. I had not done work half an hour—I came along the street, behind a boy who was throwing something down, and I took it up—I did not know what it was.
GUILTY of Stealing only. Aged 18.— Transported for Seven Years.
Before Mr. Baron Alderson.
MARY HELLYER . I went by an omnibus from Whitechapel church last Monday—I was set down at the corner of New Bond-street—the prisoner was the conductor of the omnibus, and stood behind it; when I got out to pay, I took my purse out of my pocket—I had to pay 6d.—I had a few shillings and four sovereigns in my purse—the four soveregns were wrapped
in paper in my bead purse, with the silver—It had a clasp to it—the money was all together—the sovreigus were in paper by themselves—I did not miss them till I got a few doors down—I then thought to myself whether the sovereigns might have dropped out of my purse in getting out—I looked, and they were gone—I went back to the omnibus, and found it stopping at a public-house—Iasked the prisoner if he had picked up four sovereigns—he said, "No"—I saw Robert James, who had seen me get out; and I asked him if he had picked them up—he said he saw the conductor pick them up, and run into a public-house—the prisoner was taken into custody, and I went into the public-house the omnibus had stopped at; and behind a pillar there, I found three sovercigns, one above the other, not in paper—the policeman took them—how they got there I cannot tell.
Cross-examined by MR. PHILLIPS. Q. Was it not the prisoner himself told the policeman where the sovereigns were? A. He told the police-man—I am sure I spoke to the prisoner, and he denied having them—I said so before the Magistrage—what I said was taken down in writing, and read over—I signed my name to it—this is what I signed—It is not written down, but I told them so, I am sure—I am susre the prisoner was not gone when I went back—I cannot say the prisoner saw me drop the sovereigns.
ROBERT JAMES . I saw the prosccutrix get out of the omnibus, and pay the prisoner 6d.—I saw her go away—I did not see her drop any thing—soon after she was gone way, I saw the prisoner pick up a piece of write paper which laid on the crossing—he immediately ran up the street, and ran into the public-house where the omnibus changed horses—I gave information to Hellyer, who came and asked if I had picked up a piece of paper.
ROBERT DUDLEY . I am a policeman, I was called to take the prisoner—he denied knowing any thing about the sovereigns—I took him to the station-house, and ofter that came back to the public-house in Chapel-street, and behind the pillar in front of the bar, I found these three sovereigns—nobody had given me information about them—the prisoner had denied all knowledge of it.
Cross-examined. Q. Do you mean to say the prisoner did not tell you where he had put them? A. I do—he denied all knowledge of it—I examined two or three boxes before I went to the pillar—I swear he did not tell me where they were to be found.
Prisoner's Defence. I set the lady down at the corner of Union-street—she stood there for two or three minutes before she would go out, as she wanted to be set down in Marylebone-lane—I sent the omnibus on(as I was in hurry to change horses,) and I asked for the money—the lady gave me 6d., and went away—I turned my head, saw the paper lay on the crossing, near the Kennel, and picked it up—It laid between a gentleman's legs—I ran up a street.
NOT GUILTY .
First Jury, before Mr. Recorder.
CHARLES JENKINS (policeman A 110.) I was in front of Newgate at the time of the execution—just at the moment the drop fell, I felt my handkerchief taken from my pocket—I turned, and saw it in the prisoner's hand—I was in plain' clothes'—he dropped the handkerchief in front of him, on the fround—I am sure I saw it in his hand—he was the nearest person to me—I picked up the handkerchief, and gave the prisoner into custody—I was in the City on private business of my own. and was not assisting in keeping off the crowd—the prisoner said nothing.
Prisoner. He said at Guildhall that he did not miss it till the person had passed him, and then he saw it in my hand, Witness. I did not.
EDWARD MANNING . I live in Houghton-street, Clare-market. I was by the side of the prosecutor—I saw him put his hand by the side of his pocket—I asked what was the matter, and saw the prisoner a yard from me—I made up to him, and asked what he had got—I saw him drop the handkerchief from his hand down at his feet—the prosecutor took it up.
WILLIAM STANTON (police-constable C 29.) I took charge of the prisoner, and produce the handkerchief—It has just as the drop was falling, at eight o'clock—I was placed on duty, not far off—I heard "Police" called—I turned and saw this officer with the prisoner in his hand—the mob was very great.
(Property produced and sworn to.)
Prisoner's Defence. I was coming through the Old Bailey on Friday morning—just as I got faceing the public-house. opposite Newgate, I saw the handkerchief on the ground—I took it up—the young man happened to be passing, and told the the policeman that I had taken his handkerchief—he came and laid hold of me—he said he saw a boy running with the handkerchief in his hand.
GUILTY . Aged 18.— Transported for Life.
Before Mr. Justice Park.
MR. PHILLIPS conducted the Prosecution.
WILLIAM FREEMAN . I am second mate of a vessel, at Woolwich-yard, in his Majesty's service, On the 21st of November, I went in a boat called a launch, from Woolwich to Deptford creek—I had eleven persons in the boat including myself—William Gritten, the deceased, was on board—Daniel Kingsworth was the leading man in the boat—the crew consisted of seafaring men—Crawley's wharf is on the way from Woolwich to Deptford—when we got abreast of that wharf, six men were rowing our launch—Gritten was steering with the oar. not with a rudder—our boat was one of considerable weight and strength—between seven and eight tons burthen—I observed several colliers on the Greenwich side—they were a cable's length from us—I pulled the after oar, and had my back towrds the vessels coming down the river, and could not see—while I was rowing, I turned round, and saw a steam-vessel coming down—It was about a quarter past ten o'clock in the morning—I remember calling to the steersman to keep the boat set to the northward, as that would be the
better way—at that time the steamer was about three times her own length from us—the stecrsman did not immediately obey my directions, but hesitated—Daniel Kingsworth immediately took hold of the oar, in order to sweep to the north immediately—he did not take it out of his hand—I waved my land to the man on the starboard paddle-box, and called to him to keep to the southward—I did not see him take any notice at all—Kingsworth told us all to give way, meaning to pull hard to the northward—that was done immediately—the steamer Kept approaching us very fast indeed, and then ran on board out boat—she struck about two feet before the after-thwart, on the larboard side—that is, across the gunwale, about six feet from the stern—the boat went down immediately—I don't know whether the men in the boat were silent before this, for I was calling out myself, and my voice drowned their voices—If they did, I heard none but my own—there is a neck of land in the river where this happened—we were above the point of land, and every thing was clear in our way except the steamer—our boat was about a cable's length from the land—It went down about two cables' length from the neck of land—the steamer could have seen our boat a considerable way off—the point of land would not keep her from seeing us—she was coming down, and we were abreast of Crawley's wharf—we had cleared the point—we could not see the steamer till we had cleared the point, and the steamer could not see us—It was flood tide—we were going with the tide, and she was coming against tide—she was going at little better than half her speed—at the time she struck us she was going six or seven knots an hour—she sould go eleven knots with her full speed—the first thing I observed after rising from under the paddle-wheel which I was thrown under, was their lowering a boat to assist us—I recollect seeing a man in the bow of the boat that was being lowered—I afterwards saw the dead body of Gritten, at the coroner's inquest—If he had steered to the northward, as I told him, the vessel would not have come athwart us—we should have gone in shore.
Cross-examined by MR. CLARKSON. Q. If the man you spoke to had taken your hint, and kept your boat in, it would not have happened? A. No—I directed him to go to the northward, and he hesitated, when we were within three boats' length of her—I was standing up, and rowing—two of us were sitting down, and four standing up—I had my back to the vessel, and swaw her by turning round—the man at the helm would have his face to the vessel—he must have seen her as soon as we turned the poing—when I spoke to him first, he asked which way the steamer was going—the man on the paddle-box did not appear to notice, when I halloved out—he apppeared as if he had his hands in his pockets, or behind him—I have been accustomed to see steamers on the river—the paddle-box is the proper place for the captain—I have scen them comunicate direetions to the man at the helm, by a motion of the hand—there was a fresh breeze, and I think the wind was west-south-west—the after-thwart is about six feet from the stern; it is the last seat in the boat—ours was a six-oared boat—I do not think she was thirty feet long.
JURY. Q. You say there were many colliers on the river, did they lie on the north of southe side? A. The south side—they extended as far as Crawley's wharf—It was quite impossible for us to see the steamer till we came round the point.
NOT GUILTY .
NOT GUILTY .
NEW COURT.—Saturday, November 28, 1835.
Fifth Jury, before Mr. Common Sergeant.
GEORGE WILLIAM MORGAN . I am constable of Portsoken Ward. On the 24th of November, I was on duty near the Cock Tavern, in Threadneedle-street, about two o'clock, and saw the two prisoners standing against the tavern, with this roll of sacking between them—I called a policeman—Collins then took up the sacking, and put it on his shoulder—he went up Threadneedle-street, towards Bishopsgate; and Griffin followed him—Collins then put it down—Griffin took it up, and went on—Collins turned, and saw me and the policeman close behind Griffin, and then ran away—the policeman took Griffin, and I went and took Collins—this is the sacking.
Cross-examined by MR. CLARKSON. Q. Was that all that happened? A. When I took Collins, I said, "You must come back with me"—he said, "What for?"—I said, "You have been helping to carry this"—he said, "Yes; that young man asked me to carry it"—when I brought him back to where the policeman stopped Griffin, he said, "A gentleman asked both of us of carry it"—I was not asked that before the Justice—they did not say they had been asked to carry it from Cheapside to Bishopsgate church, and were to have 1s. for it—one of them said so, before the Magistrate—I do not know whether that was taken down or not.
COURT. Q. Did Collins run away again a second time? A. Yes—when we were bringing him back, he made a sudden spring, and got away—I took him again.
Cross-examined. Q. Does your master deal largely in articles of this sort? A. Yes—they are sometimes packed in bundles, and sometimes loose—we sell them singly, as well as in bales—we never had but two prices of this sort, and the other is there now—neither of them were sold—I have no doubt I saw this the day before, but I could not swear to it—they had been in the house about a week.
JOHN GYNNE . I am a City police-constable. I was on duty—we followed the prisoners, and I took Griflin with this on his shoulder—he said a person gave it him to carry, who had been with him a few minutes ago—when Morgan brought Collins, Griffin said he was the person who had given it him—Collins said they were both together in Cheapside, and a gentleman employed them to carry it.
Cross-examined. Q. But Griffin always said he had been employed to carry it? A. Yes; Collins did not say Griffin had employed him—I believe Collins said before the Magistrate that they were to carry it to Bishopsgate church.
COLLINS— GUILTY . Aged 20.— Confined Six Months.
GRIFFIN— NOT GUILTY .
Clare-market. On the 17th of November I was in his public auction-room—I heard a scuffle outside, and went to the door—the prisoner was brought in and charged with stealing—on his undoing his great-coat, I saw this coat which had been taken from the auction-room, on his back—he had it on under his great-coat—I had received this coat from Mr. Grant, of London-wall—It was under my master's care to sell—I had seen it safe the day before—It had not been sold—I did not say any thing to the prisoner, but he took the caot off—I took it from him, and he was give into custody.
JOHN HOWARD . I was at the auction-room—I took down this coat, tried it on, and hung it on the peg again—In a few minutes I missed it—I then saw the prisoner trying it on, he then put his own coat over it—I thought it not right, and watched—he went out, and I gave notice.
Prisoner. This coat laid on the sofa, it was not on a peg—I tried it on, and put my own coat over it, to see if it was longer—I went to the light to look at it, and this gentleman supposed I was going away—I had not got off the step—half a dozen gentlemen then ran out and knocked me off the step—they said I was going off with it—I was taken back and waited half an hour before the officer took me—It was against the prosecutor's will.
JOHN HOWARD . He had got to the adjoining house, and was going off with his own coat over it—he did not ask the price—there was no sale on at the time—It is quite usual for persons to put coats on, but not to put their own over them, and walk away.
(Charles Weyman, coach and omnibus proprietor; and William Newman, Kentish-town, gave the prisoner a good character.)
GUILTY . Aged 20.—Recommended to mercy by the Prosecutor. Confined Three Months.
Prisoner. Q. What part of your shop were these taken from? A. About two feet inside the door, close to a gas-light—with a good long arm a person might reach over without going into the shop—I am not aware that I said before the Magistrate that they could not be reached without going into the shop.
ANN NORRIS . I live with my mother, in Leather-lane. At half-past nine o'clock that day I saw the prisoner unhang the brushes from Mr. Green's shop, which is opposite—I went over and told one of the boys in the shop—the prisoner walked away with them before him—he was brought back—I am sure the prisoner is the man.
Prisoner. Q. What was the nearest distance that you stood from the person at half-past nine o'clock at night? A. Right across the road—not above five yards—there was light enough for me positively to swear he is the man—I had gone out for an errand, and when I came back he stood there—he stood there for about a quarter of an hour.
CHARLES HILLARD . I live with my parents in Baldwin's-gardens. I was at the top of Brook-street, Holborn—I heard the cry of "Stop thief"—I was standing about, and I ran with the rest of the people after the man—I could not swear that the prisoner was the man—the brushes were thrown away by the man—I picked them up—this was close by Beecham-street—I
lost sight of the man for two minutes—when I saw him again he was taken by the officer—he looked a shorter man than the prisoner.
Prisoner. Q. You say you were in Brook-street? A. I was at the top of Brook-street—I brushes were thrown down by Brook's-market—there was a great crowd there in consequence of some fire-works, and you was in the crowd—I heard several say "This is the man," and several say "This is the man," pointing to another.
DANIEL GRASS (police-constable G 142.) I was on duty at the corner of Brook-street on the 5th of November, about half-past nine o'clock in the evening—there was a cry of "Stop thief"—I saw the prisoner running—there was a great crowd—they were following him—to the best of my knowledge he was first, and turned the corner—the others were running in the same direction—I saw no short man near him—I stopped him at the corner—Mr. Green came up and said he had taken some brushes—this boy came up and brough the brushes, and he was taken—the prisoner said he was not the person, that he was an approved candidate for the Police, and had left the Superintendent of the A division, in Scotland-yard, at half-past seven o'clock—I took him from half-past nine to twenty minutes to ten o'clock.
Prisoner. I was in the middle of the crowd some minutes before the policeman came. Witness. No, he was not.
Prisoner. I was stopped at the top of Beecham-street—a lot of blackguards got round me, making use of low expressions—some said I was not the man, some said I was—a crowd rushed on, and got me away from them, and two policeman came up.
NOT GUILTY .
136. THOMAS FAWNS, WILLIAM WOODMAN , and JAMES LEE were indicted for stealing, on the 14th of November, 100lbs. of potatoes, value 3s., the goods of William Burrowes; and that William Woodman had been before convicted of felony.
WILLIAM BURROWES . I live at Old Brentford, and am a labourer. I was engaged in takingup potatoes on Ealing-common, on Saturday, the 14th of November—I put them in sacks, and covered up the sacks with the potatoe-haums in the field—I left them between four and five o'clock, and went home, and met four chaps in the road, coming towards the field where the potatoes were—I went on—the man who was with me went back, and watched them—the potatoes are not here.
HENRY ROUSE . I am a labourer. I was working with Burrowes—I was going home with him, and met some men, which induced me to go back and watch them—I stood behind the hedge, and saw the prisoners go towards the heap of potatoes, uncover the haum, and take out the potatoes—I can swear to Fawns positively—I went towards them, they saw me, and ran away—I ran after them, and caught Fawns—he begged of me to let him go—some one ran after the others, but could not overtake them—I do not know the others.
Woodman. He did not see me—he at first swore that I was not one of them. Witness. No, I never said that—I met four lads, I could not swear to either of them.
WILLIAM BURROWES, JUN . I was at the potatoe-ground, and went back to watch—I saw Lee go and assistant in uncovering the haum of the potatoes—I am sure he is one of them—I cannot positively say that Woodman was there—there was a boy in a sailor's dress about his size,—when he was in custody he had the same dress on as he has now—If it is the same boy, he had a sailor's dress on that Saturday.
GEORGE MANN (police-constable T 127.) I received information that Woodman was concerned in stealing the potatoes—I went into Boston-fields the day after, about three o'clock in the afternoon—I saw Woodman, and he ran away—he was taken in the dress he has now—he attempted to hide himself by getting up a tree—he got down, and ran across some fields—I pursued and caught him—he asked what I wanted—I said I wanted him for stealing Burrowes' potatoes—he then said the potatoes had no business to be hidden; if they had not, he should not have taken them.
Woodman. I did not state any such thing—I was playing with some other boys—we saw the policeman, and all ran—It was Fawns who said at the cage that he found the potatoes hid. Witness. There was one other who ran away, who has not been found.
Fawn's Defence. I never took any of the potatoes out of the sack—I was standing by the sack when the man came and took me—I saw the others run away, and I ran—I was not taking any out of the sack.
Woodman's Defence. I would not touch any of the potatoes, as I was going to sea—the ship was down at the dock, and was going to Calcutta.
Prisoner Lee to W. BURROWES, JUN. Q. Can you swear that I went to uncover the potatoes? A. Yes, I can—you was called to a little house over the way, and went there—I did not see you take any, but you helped to uncover them—you were called away, and passed me in the lane.
(Thomas Clarke gave the prisoners a good character.)
FAWNS— GUILTY . Aged 16.— Confined Ten Days.
LEE— GUILTY . Aged 17.— Confined One Month.
Recommended to mercy by the Jury and Prosecutor.
WOODMAN— NOT GUILTY .
JAMES NUTCHEY . I live in West-street, Soho; and am the executor of the late Thomas Wallis. I had some coach-glasses in a coach his as executor, on the 14th of November—these are them, I believe; but I cannot positively swear to them—they fit the carriage they belonged to—we have not room for all the carriages to stand in the coach-house—the carriages are let out.
HENRY LITTLE . I am in the service of James Nutchey and Mr. Burchell, coach proprietors. They had a pair of plate glasses in a backneycoach—I was out with it on the 15th of November—I went home at eight o'clock at night, and left the coach in the yard—I missed them about ten the next morning—these are the glasses.
WILLIAM FULLER . (police-constable, E 27.) I saw the prisoner on the 16th of November, about one o'clock in the morning, going along East-street, and asked what he had got—he said a couple of glasses—I said, "You must go along with me to the station-house"—he said, "They are all right. "
Prisoner. They were given to me by a man, who told me to go to King's Cross, and wait for him—I did not mention that to the policeman—I was in very great distress.
GUILTY . Aged 32.— Confined Three Months.
JOHN JONES . I Keep the Duke's Head, in Norton Falgate. The prisoner came between six and seven o'clock in the evening of the 2nd of November, to the bar, to my wife, and asked to be accomodated with a bed—he said it must be a good and clean bed—she said it must be 1s.—he threw down half-a-crown—my wife gave him 1s. 6d.—he went to the tap-room, and had three pints of beer—I said, "I will take care of your bundle"—he said "No, I will take care of it myself"—Hooper made a bed, and put a clean sheets on it—the next morning he came down at seven o'clock, and went out—I sent the boy to see if all was right, and the sheets were missing—I have not sen them since.
MARY HOOPER . I made the bed, and put clean sheets on, by my mistress's direction—I locked the door, and brought the key down—and when the prisoner was going to bed, I gave the boy the key, and he went up wtih him—I went up between nine and ten o'clock in the morning, and missed the sheets.
Prisoner. I have no friends, nor money—I enlisted in the queen of Spain's service—I know nothing about these sheets.
GUILTY . Aged 40.
THOMAS BISHOP . I keep the Ship and Blue Ball, in Old Cock-lane. On the 15th of November, the prisoner came and asked for a bed—he had a pint of beer, and about eleven o'clock he went to bed—at a little before seven o'clock next morning, I heard him come down—I met him, and kept him in conservation, while I sent up-stairs—he got our sooner than I wanted, and I looked after him, and saw him running—I called "Halloo"—he ran the faster, but I caught him, and said, "My friend, come back"—he said, "what do you want I paid your demand, it is all right'he said, "I do not think it is all right," and just as I got him back, the girl said the sheets were gone—he had a bundle under his arm, and these sheets were in it—they are mine—he said, "I humbly beg your pardon, Sir; let me go"—I said, "I do not do business in that way. "
GUILTY . Aged 40.— Transported for Seven Years.
SOL SOLOMONS . I live in Edgware-road. I had a tea-caddy, which I suppose I put our at my door—I did not see it till the officer brought it—I can not swear this is mine—I beleive it is—my wife sells in my shop—she is not here.
HENRY WILLIAMS (police-constable D 51) I was in Oxford-street and saw the two prisoners—Sheedy had this caddy—he said his mother bought it in the Edgware-road for 3s. 6d.; but he could tell the broker's name—he said he had waited, and Buckley went and got it—Buckley took me to Solomon's shop.
NOT GUILTY .
GEORGE FERNLEY . I keep a butcher's shop in Green-street, Bethnalgreen. On the 24th of November, I had part of a lag of veal hanging outside my shop—I did not miss it till about seven o'clock—I have not seen it since.
MARIA MULFORD . I am twelve years old. I was going past the prosecutor's about seven o'clock, and saw William Payne standing outside his gate—I looked in, saw the prisoner reach his arm over the rail, and take the leg of real—he gave it to Payne—I knew them both.
Cross-examined by MR. PHILLIPS. Q. Did you not say before the Magistrate you had never seen the man before? No, sir—my bonnet was put over my eyes by the prisoner as he came out of the gate—I did not know where he lived.
COURT. Q. How long have you known him? A. I have known them both ever since I can recollect—I have no doubt the prisoner is the man.
Prisoner's Defence. The policeman took me, and when this girl was brought to the station-house, he told it was a man with the striped waistcoat.
NOT GUILTY .
EDWARD TAPP . I am warehouseman to Messrs William Carlile and others in Bow-lane, Cheapside. On the 10th of November, the prisoner came to our house for some black and coloured sarcenet ribbon for Mr. Quick, of New-street, Corset-square, who dealt with us—I allowed him to select the goods, and take them—he had fifty-four yards of black Saracen ribbon I furnished him with, in consequence of his representing that he came from Mr. Quick.
CHARLES QUICK . I know the prisoner—he has not been my servant for the last fourteen months—I did not send him on the 10th of November to Carlile and Co. for these articles, nor did he bring them to me.
Prisoner's Defence. I did it from sheer necessity—I had been our of a situation for a year.
GUILTY . Aged 25.— Transported for Seven Years. (There were two other indictments against the prisoner.)
EDWARD CHISWELL . I am shopman to Mr. George Evans; he lives in Tottenham-court-road, and is a linen draper. The prisone was in his employ—on the 21st of November, about half-past one o'clock, I saw him take two pieces of silk serge from off the counter, and put them into his hat, which was on the floor—he then put his hat on his head, and walked out with it—this is one pieces of the silk.
Prisoner. I confessed to robbing Mr. Evans, and he said, in the presence of three of his friends, "I know you have robbed me, and if you will confess what you have robbed me of, I shall be inclined not to prosecute you"—I throw myself on the mercy of the court.
GUILTY . Aged 28.— Confined Six Months.
MARY ANN ROACH . I am the wife of John Roach. I do not know where he is, but his name is down as having enlisted for the Queen of Spain. On the 20th of November, I met the prisoner in Queen-street, Tower-Bill—I had never seen him before—he came up to me while I was waiting for Mary Ann Parish, who was at the baker's shop—he said, "How do you do, my dear?"—I said, "I am very well, I thank you, Sir, but I don't know you"—he said, 'Are you waiting for you sweetheart?"—I said, "I am not, my sweetheart is too far away for me to wait for him," and asked where he was—I said he was enlisted in the Queen of Spain's service—he then asked if he could go home with me—I told him he could not, for I had two children (and one of them is since dead)—the prisoner then said I could have my husband back to me, by my paying him nine shillings—he said he would fetch him back in a fornight, or a month at the farthest—I told him I had not so much with me, But I dare say I could make it up—Mary Ann Parish then came out—I told her the prisoner was the captain of the vessel which took my husband to Spain—(he had told the captain of the vessel which took my husband to Spain—(he had told me so)—Parish said that she should be very glad for him to come back, that she had a helf-sovereign, and she would lend it to me—she went went home, and fetched me the half-sovereign—while she was gone, the prisoner and I went, and had a pint of half-and-half at Mr. Davis's public house, in Swan-street—Parish then brought me the half sovereign, and I gave it in to the prisoner's hand—he did not give me the shilling change—I should not have given him the half-sovereign, but for his pretending that he was the captaion of the ship by which my husband was conveyed to Spain, and that he would restore him in a fortnight, or a month, and seeing that he was a respectable looking man—he said he lodged at the Queen's Head, where my husband had enlisted from.
Cross-examined by MR. PAYNE. Q. How long before this was it that your husband left you to go to Spain? A. Ten Weeks—I get my living by selling coffee in the street, since I have sold my milk walk—I was on that night standing at a tailors's shop, waiting for Parish—I conversed with the prisoner two or three minutes—I told him I did not want any man home with
me—he told he was captain of the vessel—we went to the public-house parish went with me, and left me and the prisoner together, while she went home—she was not gone an hour and a half—It was about eight o'clock when I first saw the prisoner—I cannot say what time it was when we left the public-house—I did not take notice of the time—I believe it was eleven o'clock when I got home—when he left me, he went down the Minories, and went after him for some document for the half-sovereign, and for the one shilling change—I did not say much while I was in the public-house—I did not sing at all, not attempt to sing—I never sung in my life house together, and he got away into High-street Whitechapel—he put up his hand to an omnibus, and the driver stopped—he was going in—I said "If you are going in here, I shall not get my document, and my shilling, "said Whitechapel—I ran after him, and the policeman stopped him—He did not follow him about till he was obliged to call the omnibus to get rid of me—husband till he went away—he had been in a situation in the Custom-house nine years—he left there at ten o'clock one morning with out my knowing it—Parish gets her living by hat trimming and picking, and her husband is a sawyer.
MARY ANN PARISH . I was in the baker's shop that evening, and when I came out I saw the prisoner in conversation with the prosecutrix—she said in the presence of the prisoner, that that gentleman represented himself to be a captain who was taking a ship of recruits for the Queen of Spain, and by her paying him nine shillings, he would be able to get her husband back in a fortnight, or a month at farthese—she said, she had not nine pence in the world, much more nine shillings—I said, "Mrs. Roach, you shall not be lost, if nine shillings will be any object to you—I can get half-a-sovereign, and lend you"—I took my bread home, and borrowed half-a-sovereign of a friend—I then returned to the prisoner and Mr. Roach—I found them coming up Swan-street—I gave her the half-sovereign, and saw her give it to the prisoner—I then left them.
Cross-examined. Q. What are you? A. I get my living by hat trimming, and work for respectable gentleman, and go out charing—my husband is a sawyer—we live together—It was near the top of Swan-street that I gave the half-sovereign to Roach—when I saw her give it into the prisoner's hand I left them—I had been in the public house with them before I went for the half sovereign—they had a pint of half-and-half, and then I went for the half-sovereign—I borrowed it of Mr. Hickman, a gentleman I work for, in Back Church-lane—I had borrowed a shilling the same evening of Mr. Newman, the baler—I told Mr. Hickman that I wanted the half-sovereign for a particular purpose, and if he would lend it me, I should have some work, and would pay him—I did not say before the Magistrate that I borrowed it of Mr. burnell or Burnham—I said, I could have borrowed it of Mr. Burnell, because I worked for him.
SARAH MILLER . I keep the Queen's head, in King-street, Tower-hill. The prisoner lodged there—he is an honest hard-working man—he is not a captain, but a carpenter of a ship—he went out in the Rainbow man-of-war.
Cross-examined. Q. Has he been a sober, honest man? A. yes—he
returned from sea about three weeks a since, and has been driving the Lincoln and Stanford coach.
JAMES COOK (police-constable H 7.) I took the prisoner in High-street, Whitechapel,—I saw him running, and the prosecutrix after him, crying "Stop thief"—I held him till she came up—she said he had got half-asovereign of her money—I found half-a-sovereign on him, 6s. 6d. in silver, and 4d. in copper—she said she was to give him 9s., and he was to return her husband—that she had given him a half-a-sovereign, and he had not given her the change.
Cross-examined. Q. What did she say? A. That he had offered her a shillings to go with him, and she would not—It was half-past eleven o'clock at night.
COURT to SARAH MILLER. Q. By what name did you know the prisoner? A. Kirkby—the recruits for the Queen of Spain come to our house, and are taken to Woolwich-we have the name of Roach in our books.
Prisoner. I am a innocent.
SAMUEL MICHAEL HART . I live in Princes-street, Minories, and am clerk to Mr. Jones, a Sapnish agent. On the Wedenesday before the prisoner was taken, I paid him 1l. 10s. in gold, about twelve o'clock.
GUILTY . Aged 30— Transported for Seven Years.
NOT GUILTY .
Third Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 52.
NOT GUILTY .
JOHN DAKIN . I live at No. 20. Fish-street--hill. On the 24th of November, about nine o'clock in the evening, I was in Fleet-street, standing looking in at a window—I fancied I felt some person taking my pocket-handkerchief—I turned, and saw the prisoner—he looked as if he was guilty—he went round near the window—I believe I saw him drop the handkercheif but I cannot swear that—I picked it up—he ran away, and I followed him.
Prisoner's Defence. I did not take it out of the gentleman's pocket—a person dropped it against my feet—there were seven or eight persons round the windows—there was another ran as well as me.
GUILTY . † Aged 18.— Transported for Seven Years.
First Jury, before Mr. Sergeant Arabian.
ESSEX LARCENIES, &c.
149. SAMUEL SPICER and JOHN GAST, alias Robinson, were indicted for breaking and entering a certain building, on the 3rd of November, at Walthamstow, with in the curtilage of the dwelling-house of Henry Stock, Esq, and stealing therein 16 tame rabbits, value 8l. his goods; and that the said Samuel Spicer had been before convicted of felony.
HENRY STOCK, ESQ . I am a Magistrate of the county of Middlesex, and reside at Walthamstow. I had some tame rabbits, kept in a house prepared for them, in a building in my yard, within the ring-fence, in a rabbit-house had been broken—I went down, and found a ladder placed against it, and a small door in it had been broken—a staple had been wrenched out of the post to which a padlock was usually attached—I then went into the rabbit-house—I found the rails of two tame rabbits had been cur off while they were alive—I missed a great many rabbits—I cannot tell how many—my man can speak to that—two of the rabbits have been produced which were found in the prosecution of one of the prisoners—a poker was left in the rabbit-house, which I gave to the police-sergeant—It was not mine.
DANIEL WARELL . I am the prosecutor's servant. On the night of the 3rd of November, I saw all the rabbits safe, and had locked the loft up stairs—It was quite secure, nor broken—I saw it all safe at half-past six broken, and the staple drawn—I missed sixteen rabbits—two bits of skin were found on the forest, which I can swear belonged to my master's rabbits—I saw the poker inside—I believe a person has owned it.
WILLIAM FAIR . I am a officer of Bow-street. I apprehended both the prisoners—I found Splicer's in his house, near Woodford—Gast lives at Woodford—I found two rabbits in Spicer's yard, and two skins were brought to me by Willis—two rabbits that I found at Spicers's were without their skins—I asked Splicer's where he got them—he said he did not know they were in property—I showed the skins to Warrell.
CHARLES SAVORY . I am a constable. On Wednesday morning, the 4th of November, I received information—I went and viewed the place—I traced the footsteps across the fields, in the direction of Spicer's house—I went there, and found Splicer's in the act of cleaning the two rabbits—there were two skins found in the forest—the rabbits appeared to be all skinned in the same way—when I was taking Splicer's to the cage, he confessed he was connected with Mr. Stock's robbery; and said there was another man with him, named Robinson—the next morning I took Gast's shoes, and they exactly corresponded with the footsteps across the field, in a direction to Spicer's house, where the two rabbits were found—I found this poker in Mr. Stock's rabbit-house.
MARY ROBISON . I live in the same house with Gast. I had a poker, which was like this; and I missed it on Wednesday, the 4th of November—I cannot say that this is it—Gast was in bed that night, and did not get up till half past seven o'clock in the morning—I did not sleep with him, but in the same room—I went to bed at a little after eight o'clock; and fell
asleep, I dare say—I awoke when he came to bed—I do not know how my poker went away—I never saw it go—I let the prisoner in—I have not got a clock, and do not know what time it was.
Spicer's Defence. I bought the two rabbits of a man in Whitechapel—I gave 1s. 6d. for them, and he had the skins.
Gast's Defence. I bought the shoes of a gentleman's groom, at Layton-stone, who had two or three more pairs to sell.
SPICER— GUITY . Aged 19.
GAST— GUILTY . Aged 19.
Transported for Fourteen Years.
Fourth Jury, before Mr. Baron Alderson.
MR. CHAMBERS conducted the Prosecution.
ROBERT CARTER . I am an inmate of the workhouse, at Barking. I knew Scruby, the deceased—he was about seventy-seven years old—he laid in the next bed to me, in the sick ward—I had been there about two months—the prisoner was nurse of the ward—on the morning the 30th of October, I remember the doctor coming into the ward, between eleven and twelve o'clock—scruby asked the doctor for some ointment, to anoint his head; which was granted—the prisoner was standing at the sink, near enough to hear it—a few minutes after the doctorwas gone, she said, "Scruby, I can't think what you want with ointment to rub your head, and make such a mess"—he said, "What is that to you? And in a short time she said, "Scruby, you must be a very bad man; you have led a bad life all your time, and you must be rotten"-Scruby said, "Don't call me rotten; not so rotten as you"—he was at that time sitting a chair, by the side of a table—the prisoner said, "D—you do you call me rotten? I will let you know whether I am rotten"—she ran to the chair where he sat; came on his right sie; and began to punch him, with both hands, round his necl, at the back of his neck; it was done with her open hands—she kept hittig him, to that degree, that he slipped out of the chair, and fell on the floor—she directly ran round his feet, as he laid on the floor; and she was down by the side of him, on her knees, hitting him—she kept hitting him, but in what part I could not see; but she was hitting him, while he was on the ground; and after that, she came round, towards me, by the fire-place—I put my arms round her, persuading her to be quiet, and let the man alone—I held her for a short time, and then let her loose; and she began to kick at him—he was on the ground still—I saw her kick him once on the legs, and on the foot—he being a tallish man, he kicked out, as he laid on his back, to prevent her coming near—after she had been kicking him, she went up to the sink, at the further end of the room. and did not remain there long—In the mean time, Scruby was put into the chair; but who put him in, I cannot say; and the came from the sink—Scruby was sitting on her right hand; and as she came from the sink—Scruby was sitting on her right hand; and as she passed him, she struck him with her right hand, on the top of his head, with her open hand—his head being bald, the blow seemed to make a
report—It was like slapping with her hand—she went up to the fire-place, and said there a little time—he remained in the chair about a quarter of an hour after that, while we had our dinner; and while he sat in the chair, I saw his face bleeding—there was a mark on his chin, another on the nose, and several scratches on his cheek—the prisoner kept talking to him, and he to her, as well as he could—he did the best he could to abuse her; but his mouth was swollen; and she abused him—his countenance altered—an hour afterwards—the prisoner assisted a man to undress him—she offered to give him some gruel, between two and three o'clock in the in it—he died about five o'clock that afternoon.
COURT. Q. Had had been in the sick ward sometimes? A. Yes—It was more from age than sickness—I do not know that he was paralytic—his speech was affected that day by the blows he received—he was in a very great passion with her—he was passionate man at times; and after receiving this treatment from her, he got into a great passion.
JOHN AYLETT . I was in the sick ward of Barking workhouse, on Friday the 30th of October—Scrubby asked the doctor for something—I did not see how the scuff began, for I went out of the room, and got out of the way of it.
WILLIAM EMMINS . I was in the sick ward of the workhouse, on the 30th of October, and remember the doctor being asked for something by Scrubby—I saw him sitting in the chair; after the doctor went away the prisoner asked him why he wanted so much ointment—they began talking have no much ointment, for he must be rotten—and then he called her torten—she got into a passion, and went to him, knocked him off the chair on the floor, and fell down over him on the floor, she scratched his eye, broke his nose, scratched his face, and swore she would kick his guts out—she went away after that to the sink-when she came back she began on him again—he said nothing to her then, but she hit him a blow on the head—I do not know whether it was with her open hand—he was senseless, and died about five o'clock.
JOSEPH MARDELL . I assisted in putting the man to bed—he was very weak, and not able to walk without assistance—his general state of health was pretty good—he could walk down stairs, but he had been very weak for some days—he said nothing to me—I went out of the room immediately.
ELIZABETH SELLERS . I am matron of the workhouse. Cumbers came down to me about a quarter past four o'clock, and said, "Mistress, I wish you would send for the doctor to see Scrubby, he is very ill"—I went up to see him myself, and when I saw him, he was dying I said, "Mistress, I wich up to to send for the doctoer, as (he had seen him that morning betweem ten and eleven o'clock,) he was then dying I did not know any thing of what had happened—he died not half an hour afterward—he was in the agonies of death at the time—I had seen so many persons in that state, and knew it was of no use—I sent for the doctor next morning, who examined him—the prisoner has been nurse in the workhouse about four your years—I am sorry to say there have been complaints about her before.
Friday, the 30th of October—he applied to me for ointment for his head which I directed to be given him—I saw him next morning, dead—he had been for years what we tern an ailing man, without having any positive disease on him—I saw nothing about him to lead me to suppose he would die—he was as well as he had been for months—next morning I made a superficial examination of his body outwardly—there were several blowe about the face and head, and marks of violence; but certainly not of much consequence—after having the Coroner's authority, I opened his head, and found quite enough to account for his death—the immediate cause of his death was several ounces of blood extravasated in the cavities of the brain—there were no externel marks corresponding with it; but it does not require that—the vessels will give way in the brain, without blows being given—It might he produced by falling, by a blow. or violent mental exertion, by being in a violent passion, or struggling—I think it might happen from a fall from chair, or blows from the open hand—with a man in his situation any extreme excitement from passion might cause it—the blood vessels may be weakened—he dide of apoplexy—that was the immediate cause—sometimes apoplexy arises without any apperent cause.
NOT GUILTY .
First jury, before Mr. sergeant Arabin.
KENT LARCENIES, &c.
MESSRS. CLARKSON and POULDEN conducted the Prosecutions.
WILLIAM SLVELL . I am a labourer in trust at Greenwich Hospital. I am September last the infirmary of the hospital was under repair—the prisoner was employed on those repairs—on the 7th of September I was at the infirmary when the men were leaving work—the prisoner was there—I saw him, and Marriott, Emmett, and Walton, leaving their work—they apperaed bulkey, and I followed them to the side door of Ingram's house in Thames-street. which is a plumber's—I had not a doubt that they had something under their clothes—they went in at the side door—I waited two or three minutes, and saw William come out—I asked him a question—I immediately went in, and met Marshall coming out, in company with Emmet—he had got his jacket on, then—It was off before he went in, and their bulky appearance was gone—the prisoner did not appear bulky when he came out—I saw Marriott counting something in his hand, which I thought was money—I could not tell whether it was silver or copper—I went into the house—Mrs. Ingram put her back against the inner door—I afterwards got in, and saw a quantity of copper lying on the floor of the shop—It was old sheet copper, of a similar description to what we had taken off the infirmary—I sent for an other—the copper was folded up very close, not as if to put in store, but in a very small space—there was about 1051bs. of it—the prisoner's employment was to take the copper off the roof—he did not return to his work—the policeman found some more copper.
Cross-examined by MR. ADOLPHUS. Q. I presume you mean Thames-street, Greenwich? A. Yes; it is about ten minutes' walk from the hospital—Marshall had his Jacket off, I was certain he had something
nder his jacket from its bulky appearance—one man came out first—I am not certain whether Marriott came out first—Marshall and Emmet came out after the other—I know they went into the outer door—any other man could have taken away the copper as well as the prisoner—I did not stop him at that time—he went away—I saw no part of the copper in his possession—I could not tell what was under his jacket—I suspected him before—a man may have things honestly in his possession which came from the King's stores—I have a pump in my possession belonging to the hospital—It was taken by one of the workmen to fix in a tenement which I live in, belonging to the hopital.
MR. CLARKSON. Q. How long have you been filling the situation you hold? A. Better than three years—the four men been filling the situation you all four presented that bulky appearance.
COURT. Q. You saw them all four coming out? A. Yes; they all looked more bulky than usual, on leaving the hospital—the 7th was Monday—I do not know whether the prisoner was paid on Friday or Saturday.
MR. CLARKSON. Q. Did you observe any difference in the four men? A. no—the prisoner never returned to his work.
JAMES HINES (policeman R 25.) On the 75th of September, I went to a house in Thames-street, Greenwich—sivell was there when I got there—I examined the house, and found six pieces of copper in the shop, weighing 1051bs.—sivell saw it.
WILLIAM THOMAS . I am a police-inspector. I apprehended the prisoner at Acton. in Middlesex, on the 3rd of November—I told him what I wanted him for—he said if I had been a day or two later, he should have been off to Bristol; and afterwards on the way to Newgate, he said, when he was put on his trial, he should tell the court and Jury he was obliged to become a thief, and was led into it by others, and they (the others) could boast of having their suit of colthes on their backs, and their five-guinea watches, which the college had paid for.
(—Gamble, baker' John William Turner, Plumber; George Newton, grocer;—Manns, Publican; and George Payne, wheelwright; all of Hampstead, gave the prisoner a good character.)
GUILTY . Aged 32.—Recommended to mercy.— Confined One Year.
Third jury, before Lord chief justice Denamrn.
152. HENRY HASTINGS and ROBERT GRAVES were indicted for stealing, on the 7th of September, at Greenwich 201bs. of copper, value 12s.; and 501bs of lead, value 7s.; the goods of the commissioners of Greenwich Hospital.—2nd count. stating them to be the goods of Edward Hawke Locher and others, then being commissioners of Greenwich Hospital.
MESSRS. CLARKSON and DOANE conducted the Prosecution.
ROBERT EMMETT . I was employed as artisan in Greenwich Hospital. by Mr. Morley, a master plumber—I have been employed there on and off about two years—the prisoner were also employed by Mr. Morely—I have been engaged with them in repairing the roof of the carious buildings belonging to the hospital—I have been charged with committing depredations on the copper and lead, and am here to give evidence—on the 7th of september I went to work at six o'clock, at the part called the infirmary—the prisoners were there, and about five others, all working at the same place—we were taking up copper from the roof that morning—just before eight o'clock
there was some copper doubled up by Graves—I saw him put it into a besket, and take it away—It was basket he usually put the tools in—Graves was there as labourer to Hastings—after breakfast I returned to the infirmary—It was after nine o'clock—some copper was then doubled up by Hastings—Graves put that in the basket—he was by ay the time Hastings was doubling it up—the prisoners were removed, to work at another part of the buildings, and Graves carried the basket with them—that was a little after nine o'clock—there is a place below where the copper should he taken to—It is a part of the preemises occupied by the college—It is not usual to double it up, and put it in a basket—It could not be seen in the basket.
Cross-examined by MR. CHAMBERS. Q. You were first taken up on a charge of stealing lead and copper? A. Yes—Mr. Morley is my brother-in-law—It was about three weeks or a fortnight after I was taken up, that I made any statement respecting the prisoner—I had been three times before the magistrates then—I had been told if I made a statement I should escape—I know a man named Howell—I have charged him with being concerned in stealing lead—I was not then on my oath—I know he was taken up after I charged him—I afterwards said he had nothing to do with it—not at that time—he was discharged afterwards—he had nothing to do with it in regard to the questions that were put to me, which were about sepetmber 15th—the prosecutor asked if he had any thing to do with it—I said, "No he was not there at that time"—the account was confined to that time—lead had been taken at various times between the 15th of July and September—Howell was not at work there-except last winter—I confined my charge againat Howell to the first beginning og another roof—It was some time back—I cannot say how long, but I said lead had been taken at various times—It was of than July—Howell was a workman of Mr. Morley's—I do not think he is so now, as I see him walking about in working hours—I do not belive he is in the employ.
Q. To whom did you communicate first that you had something to say? A. To Mr. Warner—he was recommended to me by Mr. Thomas—he is a clerk or solicitor—Thomas is in the police—I have been connected with Howell in taking lead several times—I cannot say how many.
MR. CLARKSON. Q. Was lead as well as copper taken on the occasions you have spoken of? A. Yes; and it was taken to Ingram's—I never made a communication till I had been in prison—my statement affected other persons beside Howell and the prisoners—I think Howell has not been at work on the preemises since last March—when I was examined before the Magistrate my attention was confined to what passed between July and October—he was not employed at the hospital between July and September.
COURT. Q. Is Howell a friend of yours? A. No, no further than I worked with him as shop-mate—I classed to work with him when I was taken from the college, between the last time and February—I told the Magistrate I had often seen him take lead—I did not tell the Magistrate—that was my statement made to Warner.
JOSEPH REES . I am one of the plumber's labourers employed on the roof of the hospital. I was working on the infirmary in the part called "the helpless"—the two prisoners were at work there at the first part of the morning of september 7th, at six o'clock—I cannot exactly sayat what time they went away—eight o'clock was break fast time, and after that they went away to a job in another part of the hospital—I cannot say I saw them go away at eight
o'clock—the copper was left in my charge at eight o'clock—we generally kept our tools in a basket—I cannot say whether Graves had one—he was Hastings's labourer, and the labourers generally kept a basket—Emmett was at work at the helpless that morning—all the men went away at eight o'clock, except me, and I staid to take cars of the property—the men returned about half-past eight o'clock—they relieved me about a quarter to nine o'clock—the prisoner went to another job, and I belive did not came to that part of the building after breakfast—I came back about ten minutes after nine o'clock—the prisoner were not there when I returned—they went away to breakfast together that morning, I belive—I cannot recollect whether they had any baseket with them.
COURT. Q. The besket was kept for all the men to put their tools into? A. Yes; something I might go there to look for my tools—we used each other's tools at times, each man had a different basket if he could get one, but I cannot say whether they had one.
MR. CLARKSON. Q. Did you see the prisoner after breakfast? A. I do not recollect seeing them until night, when in believe I saw them at the "call-office" at six o'clock—I do not recollect seeing them any where else—they live eastward, and I live west.
COURT. Q. You say they were sent to another job that morning, did you hear them sent? A. I saw Hastings go away—I saw him leave the part of the buliding where I was at work—I cannot say at what time it was—I belived his mate Graves went with him—I did not recollect whether he had a besket—they were ordered to go to another part to work—as far as I can recollect, before breakfast.
WILLIAM SIVELL . I am a labourer in trust, at Greenwich Hospital. On the 7th of septembar, at six o'clock in the morning, I saw the prisoner at work on the helpiess—I saw them again between seven and eight o'clock—they go to breakfast at eight o'clock—I told them to bring their tools from where they were at work, and go and work at another job. in another part—that was before eight o'clock—I did not observe whether they had a besket.
MR. DOANE. Q. Is it usual to roll up copper, if it is going store? A. No.
NOT GUILTY .
MESSRS. CLARKSON and DOANE conducted the prosecution.
RICHARD TOZER . I am a policeman. On the 22nd of October, in consequence of directions from Thomas, the inspector, I followed Hastings from the Hospital-gates, to his house in Old woodwich-road. I followed him in door—he turned round and asked, what I wanted him for, and at that moment his wife appeared at the door—she appeared very ill; almost ready to faint, and I would not tell him what I wanted him for—she went into the parlour, and I went in—she said, "Hastings, for God's sake, what is the matter?"—he said, "Oh, they want me about the college job, I suppose, but I know nothing about it"—I had not said what I wanted—I said it was for a bit of a row—when I went into the house, he said, "What do you want?" not "what do you want me for?"—I was not in plain colthes be—Thomas, the inspector, came in, in about twenty mintues, or it might be half an hour—I made no search before he came—I searched a place underneath the stair, a sort of very deep value, and found there, some new
iron hooping, and a brass cock—and in a cupboard next the fire-place, some leaden pipe—that was the cupboard of the back-room—It is leaden window piping—I found nothing else in the cupboard—It is window lead, which they fasten small pance of glass in with—I have not got that here—we left it at the station-house, as it was not identified as belonging to the college—Thomas found a small piece of lead in the yard.
Cross-examined by MR. PHILLIPS. Q. Did you hear the solicitor declare it was not theirs? A. Yes, they know nothing about the window piping—I had not given the prisoner any notice that I was about to follow him to his house—I searched him, while Thomas was in the back yard—I found nothing beloging to the hospital on him—It was Thursday, the 22nd of October—that was before the last sessions, and after the September sessions
Q. Do not you know, it was perfectly notorious, after September sessions, that a great many persons were openly talked of, through Greenwich about robbing the hospital? A. Yes, Ingram had been tried, and the robbery was talked of, but I heard no names mentioned.
COURT. Q. Had Emmett been taken up before that? A. Yes—I do not know of any others being taken—Emmett was in custody at the station-house at the time—there was nothing to prevent my searching every part of the premises.
WILLIAM THOMAS . I am inspector of the Green Which police. I went on this day to the prisoner's house, and found Tozer there—I examined part of the premises—I went into the back-yard, and found a small piece of head about llb. weight—there were a great many rabbit-hutches at the corner of the yard, attached to a pig-stye—I did not examine them, while I was there—I left the Sergeant and a man, and directed them particularly to examine the premises well in my absence—there was nothing to prevent my looking into the hutches.
SARAH MUNYARD . I live at Greenwich. In October, I remember Hastings being taken into custody—I did not know it till next day—I saw a rabbit-hutch carried by George and Thomas Brain—It was against Mr. George Brain's door that I saw them, which is next to mine—the prisoner lives about twelve yards from Brain's—Brais's sister is Hasting's wife—the two Brain's were coming with the hutch, as if from Hastings's; but I did not se them come out of his premises—I passed them at the door, and left them—It was between five and six o'clock in the eveing—I did not consider it heavy—two of them were carrying it—I saw only one rabbit—there was no covering to the hutch—the rabbit was at the top of the hutch—I did not consider that there was anything in the hutch but the rabbit—It was not dark.
Cross-examined. Q. Do you remember one of the Brain's seading his sister's child in his hand? A. I heard the child crying—It was not deck—It was light enough—It there had been any thing else besides the rabbit in the hutch, I should have seen it—I consider there could not have been lead in it without my seeing it.
NOT GUILTY .
NOT GUILTY .
NOT GUILTY .
Before Lord Chief Justice Deaman.
156. THOMAS BAYLEY and JOHN RAYLEY were indicted for feloniously receiving, and having in their possession, on the 26th of October, at Greenwich, 30lbs. of lead, value 2s.; 90lbs. of other lead, value 6s. 26lbs. of other lead, value 5s.; and 100lbs. of other lead, value 7s.; the goods of the commissioners of Greenwich Hospital, well knowing it to have been stolen, against the Statute, &c.
MESSRS. CLARKSON and DOANE conducted the prosecution.
WILLIAM THOMAS . In consequence of obtaining search warrants, I went to the prisoner's house, in Broadway, Deptford, on Monday, the 26th of October—their father keeps a plumber's shop there—I saw the prisoner together—I told them I had a warrant to search the house for some lead that had been stolen—I found in the front shop, a piece of new sheet lead weighing 26of lbs. m, which I produce—I asked them where they got it from—one of them, I cannot say which, said they had brought it of a man named Johnson, a marine-store dealer, on Deptford-grees—whichever of the two made that answer, the other must have heard it, as both were standing together—Tozer the policeman. and a man named wild, were with me, searching other parts of the premises—a person named Edmund Bayley was there, but not at the time I found this lead; he came afterwards—he is one of the parish constables of St. paul's, Deptford, and a tinman by trade—I understood him to be the prisoner's uncle—while he was there, a quantity of cuttings of new sheet lead was found in a passage leading from the front shop—I saw the constable heave it out from a heap of old lead, in the passage—after the constable had finished searching that heap of lead, it was brought to the counter at the request of Edmund Bayley to be weighed, and he suggested marking it all—I was behind the counter at that time, packing up some pewter pits which were doubled up, and Edmund Bayley said, "As to these pieces of cuttings of lead, I have been to Mr. Morley, and he says they are perquisites allowed to the men; and they are allowed to them by the college"—the prisoners were present when that was said—they made no remark—they saw Tzer bring about ninety pounds weight of old sheet lead forward.
Cross-examined by MR. PHILLIPS. Q. Was there any attempt to conceal, to throw any difficulty in the way of the search? A. Not any; they said, "You are quiet welcome to search"—I believe Morale is Emmett's brothers-in-law—I saw Stagg before the justice—he was examined, and I think he was sworn—I have no doubt of it—I think something was said as to his appearance—I belived he was sworn, and afterwards considered not a fit person—he was examined, and cross-examined—what he said was taken down in wrting—I saw him last night, and this morning at the station-house—he Lives at the poor-house at Deptford—he came to the station-house this morning—I saw him, and spoke to him—I prevented him from coming here—I told him it was of no use—I heard there were two omnibus loads of witnesses coming up—I told him not to come because his evidbus was considered inadmissible by the Magistrate—they did not consider of an him a competent witness—he was not under examination for a quarter of an hour—both the Magistrates considered him incompetent—I have not been instrumentad in getting up this prosecution; that I swear—I know collins and Warner—I have not been examined before the police commissioners, as to the part I took in this trsnsation—there has been a charged made against me—It was not investigated, it was so paltry and trifling—I have not spoken to Warner, the clerk to the solicitor, except answering a question—I considered
Stagg to be between forty and fifty years old—he was not under any restraint when saw him.
MR. DOANE. Q. Do you still retain the situation you held before the charge was made against you? A. I do; I was not suspended—I heard Staggy examined—I should say he was very weak, perhaps from the number of persons present, he might be embarrassed—he did not give exactly rational answers—he contradicted himself.
MR. PHILLIPS. Q. Did not the Magistrate bind him over? A. Not at the time he was examined.
COURT. Q. Do you in your judgment believe he is competent to give evidence? A. On my oath I do not—I believe him incompetent from weakness of understanding.
Cross-examined. Q. Was not he sworn? A. He was; I took his evidence down myself—he was called on the part of the prosecution—I did not know him before—I cannot say whether Thomas was present when he was examined—the room was very full—nobody gave any intimation before he was examined—that he was incompetent to give evidence.
COURT. Q. Did you form any opinion of it? A. I considered him incompetent to give evidence, in consequence of what passed on his cross-examination—he was asked if he knew what a barrow was, and he said he did not.
MR. CLARKSON. Q. Had the Magistrates any means of knowing whether he was competent to give evidence till they heard him? A. Certainly not.
JAMES WILD (police-constable R 141.) I accompanied Thomas the inspector to the prisoner's premises—I searched one part while he searched the other—I found in a passage leading from the shop to the yard, about 30lbs. of small cuttings of lead among a beap of lead—they were new cuttings—I produce them—Thomas Bayley was present when I found them—John Bayley was at the further end of the shop—Thomas Bayley picked up the cuttings, and said, "Oh, I know who I bought them of—I bought them of a man named Johnson, who keeps a marine-store shop on Deptford-green"—his brother was at the further end of the shop at the time—Thomas Bayley said, pointing to his brother—"John bought about 104lbs. weight about a week ago of the same sort of cuttings; and about a fortnight ago I bought about lewt. of the same sort of cuttings, of the same man; and about a week afterwards the same man came with some more, and I refused to buy them"—John at that time came to the counter where we were weighing the lead—I think he was near enough to hear what his brother said—I did not take them into custody that night—next morning I went again with Tozer, and told them I wanted to speak to them concerning the lead which we had brought away the night before—I believe Thomas does not live in the house, but he came from the house he lives at—John was not there—I waited till he got there—I then told them I wanted to speak to them concerning the lead, and they had better go down to the station-house, and see Thomas—In the way to the station-house, the two prisoners were together—Thomas Bayley said, "I bought those cuttings of a man named John Staggy, whose mother used to keep a marine-store shop in Church-street, Deptford, the father being dead, and the mother leaving the business—this John Staggy lived with his brother-in-law, a dealer in marine-stores, Johnson on Deptford-green"—he said, "John bought the 104lbs. of cutting of Stagg;
and next day or the day after I bought lewt. "—after that I said, "What did Staggs say?"—Thomas said Staggs said, he bought the cuttings from Johnson his brother-in-law on the green—and that his brother-in-law had bought them of a man at Rotherhitche—I went to Stagg's mother, and then went to the workhouse, and saw Staggs, and had a conversation with him—at the time I put questions to him, I thought he knew what he was about.
Cross-examined. Q. Did you hold a long conversation with him? A. No; it was about five or six minutes—I saw him last I think on the 2nd of November—I only saw him once before the Magistrates—I did not hear him examined—I saw him at the workhouse—his mother directed me there—I had never seen him before.
RICHARD TOZER (police-constable R 149.) I went with Wild to execute the search warrant—I searched the passage leading from the shop to the back yard—I found 90lbs. of old sheet lead there, that was all I found—I did not hear Edmund Bayley say any thing about, the old lead—he said in Thomas Bayley's presence when we were weighing it, "As to the small cuttings I care nothing about them—I went to Mr. Morley myelf, and he told me they were the men's perquisites—they were allowed to have them by the college".
JOHN MORLEY . I am a master plumber to the Commissioners of Greenwich Hospital. I know the prisoners by sight, and know Edmund Bayley, their uncle, by sight—I saw him at the bench—It is not the practice to allow the workmen to have lead cuttings as perquisites—I believe a considerable quantity of lead was lost from the college last summer—I don't know it—I only believe it—I saw lead which was supposed to be part of the hospital property—I don't know of any being missed.
Cross-examined. Q. Don't you supply other places besides the college with lead? A. I do other business, and supply every body who comes in me—I know Emmett.
COURT. Q. Do you know any thing of these cuttings of lead? A. No—It is cast lead—I supplied a great deal of cast lead to the college—we supply various sizes and thickness—I think I have supplied lead of this description to the hospital—there is only one description of cast lead—I have supplied lead of this description to Greenwich Hospital—I did so in the course of last year—cast lead is not all of one thickness—there are two thicknesses here—I supply the same sort to various persons.
HANNAH JOHNSON . I am a marine-store dealer, and live at Deptford-green. I know nothing of these lead cuttings—I never sold any like it—I never sold any to either of the prisoners—I transact the business myself—my husband goes to daily work, and has nothing to do with it.
Cross-examined. Q. What husband are you talking of? A. Mr. Johnson—It is nine or ten years since I heard from Mr. Hunter—I cannot exactly tell when I was married to Mr. Johnson—I was not brought here on that case—I am his wife—I was married to Hunter thirteen or fourteen years ago—I never heard from him in my life—I saw him nine or ten years ago—I cannot recollect when I married Johnson—It is not ten years—I cannot tell whether it is eight.
COURT. Q. Were you married to him last year? A. No; nor the year before—I do not know whether it is eight years or not.
MR. PHILLIPS. Q. Where were you married to Johnson; perhaps you do not remember the church? A. I have no business to answer the question—I cannot tell exactly the church—Stagg is not my husband's brother-in-law—he is my own brother—I saw him last Saturday—that is the last
time I saw him—I have not seen him to-day—I have not seen him here—he was at my house last Saturday—he lives at the poor-house—he was not above a quarter of an hour at my house—he walked to my house—he is not in the habit of walking about Deptford—he is in the poor-house, and is not allowed to be out, except on Saturday afternoons—he is out of his mind—I was outside when he was before the Magistrate—I did not know he was going to be sworn—he does no business, and has not for the last two years—about twelve months ago, he sold some lead to Mr. Bayley's foreman; but not since—he could not have done it without my knowledge.
MR. CLARKSON. Q. Has he sold any lead of your's since that? A. No—the lead he sold twelve months ago came off the next house to mine—It was not at all like these cuttings—It was old gutter-lead.
WILLIAM SIVELL . I am a labourer, in trust, belonging to Greenwich Hospital. Some lead has been taken from the hospital, for the last five or six months—there were new cuttings, like those produced, about the hospital, within four or five months—I cannot say that I have missed any new—I missed old—I should not be able to miss new cuttings—this old sheet-lead is something of the quality of the lead I miss—It is old lead, and weather-beaten—there was a piece with a mark on it found—this is it—It has the figure of 8—It is the custom to mark lead of different lengths—we have a great deal of eight and ten feet; and I have a piece marked in a similar manner, of the same width and length—I should not be able to miss a small quantity.
Thomas Bayley's Defence. Stagg has been in the habit of bringing lead for years to my father's, from Mr. Johnson; and from his own father, when he was living—he brought these cuttings, and I asked him whose it was—he said "I bring it from Johnson;" and when the policeman asked me if I knew where it came from, I told him from Johnson's—they came next day, and said they had been to Johnson; and they said they had been to our shop for twelve months—I said, "That is very likely, for he generally sent it by Staggs"—I came by the lead fairly and honestly.
WILLIAM JOHNSON . I am a broker, and have lived at Deptford, about fifteen months. I knew where the prisoners live—I know Stagg—I have seen him come to the prisoner's house, eight or nine times, with lead—I have seen the lead.
MR. CLARKSON. Q. When was the last time you saw Stagg with any lead? A. About eight weeks ago—he has lately lived in the poor-house—I do not know for how long—I am in and out of the prisoner's shop five or six times every day—I am a neighbour; and if either of the sons are called away, Mrs. Bayley sends for me to weigh the lead—I did not weigh the lead Stagg brought, as the sons were there—I often walk in and out when I have nothing to do—I keep broker's shop, just behind Bayley's house—I deal in marine stores—I buy lead, and copper, and all sorts of marine stores—I do not know any of the men who were at work in Emmett, nor Want—I do not know any of the men who were at work in the hospital in July or August—I do not know a man named Harrison—I have not bought half a cwt. of lead for six months—I will swear I have not bought any in July, August, or September—I heard that the prisoners were in custody the day they were in the cage—I do not know that Stagg was before the Justice—I never heard it, except at Mrs. Bayley's house—I was before the Justice—Mrs. Bayley had me there as a witness, but I was not called—I cannot recollect on what day of the week I saw Stagg
go last with lead—It is near two months ago—I have not seen him in the street since—I saw him in the shop—I cannot say what quantity he brought—I went out of the shop before it was weighed—I saw the lead—he took it out of a barrow, and took it into the shop—I did not notice what sort it was—I cannot tell whether it was pipe or sheet-lead.
JOHN SMITH . I live in the service of Mr. Young, a grocer, in Deptford. I know Stagg—my house is directly opposite the prisoner's—In October last, I saw Stagg go to Bayley's house—he had a wheelbarrow with him, and a bag in it, containing some very heavy susbstance—he called Thomas Bayley to assist in taking it out of the barrow—I saw Stagg go away afterwards, and he took the bag and barrow away with him—I have seen him go to the shop about half-a-dozen times, in the course of the last twelve months.
MR. DOANE. Q. Can you tell about what time it was in October? A. About the middle—I had seen him there about three or four months before—I cannot tell the date but I think it was about the 12th or 13th—I cannot tell the day of the week—I was standing at the shop door, looking about me at the time—It was early in the morning—between seven and eight o'clock, I think—I know Staggs—nobody was with me—Thomas Bayley was at the door—I am not a friend of his nobody was near their door but him—I mentioned this circumstance after Baileys were in custody—It was generally about seven or eight o'clock in the morning that Stagg used to come—It was three months before that I had last seen him come—he used to live with his father, who kept a marine-store shop in Church-street—I do not know where he lived in October—I understand since that he had then gone to the workhouse.
ANN WICKSTEAD . I was formerly Mr. Bayley's servant. In October last I called there, and saw Stagg there—he brought some lead for sale—It was in the morning—the lead was put on the counter—I believe it was weighed, but I am not certain.
MR. DOANE. Q. What are you now? A. I live at home with my father—I am not in service—It is four or five years since I was in Mr. Bayley's service—since that I have been keeping my father's house, as my mother is dead—he is a carver and gilder—I frequently go to Mr. Bayley's—this was in the morning, for I was going to town that day—It was after breakfast—I breakfasted at seven o'clock, and walked there afterwards—It was some time after breakfast—It would take me five minutes to walk there—I heard Stagg say he had come to sell some lead—I heard nothing about the hospital—It was in the front shop—I do not know who else was there—there was another person, but I did not notice who it was—he did not come with Staggs—I rather think he came in afterwards.
COURT. Q. How was the lead brought? A. In a bag—It was taken out of a barrow.
JOHN HUNTER . I have sold meat for several years at Deptford, but I am by trade a clock and watch-maker. I have seen Stagg many hundred times within the last twelve months—I have seen him in the street, doing a variety of things—I have seen him with a barrow many times—he used to borrow it of a man named Dutton, who sells coals—I have seen him with lead in a sack in the barrow, not less than thirty times within twelve months.
MR. CLARKSON. Q. When was the last time? A. About six weeks ago, I think—I have a butcher's shop next door to Stagg—he lived in
Church-street, but he is now in the workhouse—he went there about a month or five weeks ago—the master of the workhouse's name in Scott.
NOT GUILTY .
Fourth Jury, before Mr. Baron Alderson.
MR. RYLAND conducted the Prosecution.
JOHN RICHARD JONES . I am a waterman. I know both the prisoners—on the 29th of October I left London in the Royal Adelaide steam-vessel—the captain, Mr. Allen, had the charge of the vessel—Clarke was on board, acting as pilot—we started from London that morning, between three and four o'clock, I think—from St. Catherine-dock—I had only to go to Grevesend—the vessel was going to Leith.
Cross-examined by MR. ADOLPHUS. Q. Do you know Clarke? A. Yes; I have known him two years—he is a very old and experienced waterman on the Thames—perfectly acquainted with the navigation of the Thames, and every thing connected with the water—we left Saint Catherine's Wharf, soon after three o'clock I think—this accident happened about a quarter past four—I know we started from the wharf between three and four—It was not between two and three—I did not take exact notice of the time we set off—I saw one man was forward in the fore-castle to keep a look out—the two prisoners were on the bridge which communicates with the paddle-boxes, and there were two men at the wheel—one man was on the break of the quarter-deck for the purpose of communicating orders from the pilot and captain to the man at the wheel—these arrangements were judicious and proper for the navigation of the vessel—I heard orders given several times—I saw no neglect or want of diligence on the part of the captain or pilot—It was a very dark night, and was raining very hard—the steamer had one light at each end of the topsailyard—any body could see the light clear of every thing—they were large lanterns with tins at the back—I saw a boat, called the Fawn, which came in collision with the steamer when she was about twice her own length from us—there was no light about her, or anything to make her conspicuous.
COURT. Q. How came you to see her? A. I saw her white mainsail—I do not know whether any body on board saw her before me—I heard them hallooing from the bridge of the vessel, but I was so confused I did not take notice—I do not know what the orders were—I had just come out of the fore-cabin—I came from the fore-cabin which is before the bridge, and is where the passengers of the second class go—If I was at the fore-cabin, and they spoke to a man at the stern, their backs would be towards me.
MR. ADOLPHUS. Q. Was every care and exertion made to give relief to this poor man? A. As far as I could see—as soon as I came on deck they stopped the vessel directly the orders were given out—It was stopped on my hearing the balloing—I got into a boat which was put out, and tried all I could to save the people—the boat belonged to Mr. Clarke—they hallooed out before the boat was got out, and the vessel was stopped before they struck the smack—one of the ship's company got into the boat with me—I did not see a boy climb on board himself—the steamer was brought up for three-quarters of an hour—all that time I was
going about to see what I could do to save any body, and putting my scull under water, and doing what I could.
COURT. Q. How was the vessel stopped before she struck the smack? A. Her engine was stopped—I could hear that—the tide was running up—we were going against tide.
MR. RYLAND. Q. You had been below, getting refreshment? Yes—I have seen the Fawn since at a distance—I cannot say her length, she is an oyster vessel—a deck boat—she was more than thirty fact long—I dare say she was forty—I had heard no hailing from the Fawn—I do not know whose voice it was I heard—I saw the prisoners on the bridge—they were plain to be seen by any body—she was stopped when this halloing took place—she was going, as near as I can judge, at about half-speed—not going further than Gravesend I do not know whether she ever put out her full speed—she was going about five knots an hour—I cannot tell how fast the tide runs—the tide was about half-flood—the wind was about west-south-west—the Fawn was coming up with a side wind—It was a fine breeze—she had the wind free the same as another vessel—the wind was about across—she had the wind fair, and the tide in her favour—the steam-vessel was more to the southward than northward—but nearly in mid-channel—the river is about three-quarters of a mile wide there—I should say, the steamer draws between twelve and thirteen feet of water—there is a shelf in the river where she was—we were between two shelves, which are a quarter of a mile apart—we could not go on the shelves.
JOHN GILES . I am a publican, residing at Whitstaple. I knew Thomas Clarkson—he had been to my house a night or two before the day this occurred—I saw him on board the Fawn on the morning in question, and assisted to take his luggage on boar—he was a passenger—I knew the people on board the Fawn—there was Richard Baker, his son Henry and a boy named Holt—those were all the persons on board—she sailed for London when I left her—she set off about nine o'clock in the morning of Wednesday, the 28th—Winstaple is between sixty and seventy miles from London.
Cross-examined by MR. CLARKSON. Q. Do you know how the wind was when she started from Whitstaple? A. Yes, about south-south-west—oyster-smacks wait for the tide—when the tide is against them, and the wind also, they beat up—It depends on the wind and tide at what time they get to London.
HENRY BAKER . I am fifteen years old, and live at Whitstaple. I belong to a vessel called the Fawn—I remember leaving Whitstaple, for London, on Wednesday, the 28th of October, the day before the accident—my father was on board, also a passenger named Clarkson, myself, and a boy named Holt—we were coming up the river Thames, on Thursday morning, in the upper part of the Galleons, which is a reach on the Thames—the tide was running up—It was flood tide—I do not know how long it had been flood—I do not know at what rate the tide was running—the wind was about south-south-west—we were tacking, to muke our way—It was necessary from the state of the wind—I saw the light of the steam-boat—when I first saw that, our head was to the northward—I could not tell in what position the steamer was coming—I could not say how far off she was when I saw the lights—I afterwards percieved the bull of the steamer—I cannot say how far off she was then—we did nothing when we saw her hull—the steamer steered, as if she would come to the northward of us—we then put about, and our head was to the southward—we were in stay in the mean time—we then proceeded to the southward—we hallooed to the
steamer to starboard her helm—we all three hallooed—were all three on deck—Clarkson was below, asleep—we hallooed because they were coming right away for us—they had not changed their course—we had—they were coming to the northward of us at first, and afterwards came against us—when I first saw the steamer, it appeared as if going to the northward of us, and we were going tot he northward, and we put about—I did not observe anything done by them, on our hallooing—I cannot tell how far she was off when we put about—we had gone a good way on out tack towards the southward shore—I thin we had passed the mid-stream, but I do not know—we hallooed out more than once the same word—we were well over at the convict ship off Woolwich, when we were struck—I could see the convict ship—the steam-about changed her course when we hallooed out, "Starboard"—she appeared as if she had ported her helm—we hailed them to starboard her helm, her porting it brought her nearer to us—she ran aboard us, and struck us just between the tackle plate on our starboard side—the tackle plate is about three feet and a half at the midhsip—I jumped, and got hold of a cross piece of the steam-boat's figure-head—here bows came over us—I got hold of the cross piece, and got on board her—my father did not get on board, he got up into the figure-head—when I got into the vessel, I found nobody forward—I went tot he foremast, and saw the men sitting in a place on the starboard bow on deck—I did not see what they were doing—that placeis forty-three feet from the figure-head—I saw the pilor (the prisoner Clarke) on the larboard paddle-box—I saw nobody else on the bridge, nor any body on the starboard paddle-box—If there had been, I should have seen them—I knocked at the door of the place—the men there were seamen—three came out, and asked what was the matter—I had seen no man except the one on the larboard paddle-bos, till I came to where I saw these men—there were no other persons on the deck—I did not cry or halloo before I went to the place where the men were sitting—they saw the vessel athwart the bows, and chucked a rope over—Holt was on the deck of the Fawn when the rope was thrown over—eh could not reac it—my father got down off the figure-head on board the Fawn, and put Holt to the rope, and then the steam-boat went astern, and the vessel went down—Holt was pulled up by three men into the steamboat, and my father met his death by going up by three men into the boat—the steamers; bowsprit was entangled with the riggin of the Fawns—that kept her up till the steam-boat went astern—I did not hear my fathe cry out—he made a noise in the water—I saw no more of him afterwards—the pilot's boat went to assist—when I was on board, I asked a man for the captain—he was a passenger, and said he did not know the captain in the dark—I made no inquiry of the seamen—I did not find him till after some considerabole time—when one of the boys showed him to me—that was after the Fawn had gone down—he was then leaning against the paddl-box—I asked him how I should get to London—he told me the pilot's man should row me up—I saw nothing of Clarkson after the Fawn was struck—I did not see any vessel near when we were struck—I do not think there was room for the steamer to pass between usand the bulk—there was plenty of room to the northward—we had done all we could to get to the southward.
Cross-examined. Q. If you had kept your original tack to the northward, you would have been safe enough? A. No; because the steamer appeared as if she was coming to the northward of us—I know the Galleon's-point—I could see the lights over the point before we came to the reach; and at that time the vessel appeared coming to the northward—Holt was
then on the starboard bow with my father—I was at the helm alone—It was a dark rainy night—the man who lost his life was asleep in the cabin below—I was up to my boots in the water—I got into a little boat which we had on deck—I stepped from that to the cross bar, into the steamer—my father got into the head.
COURT. Q. Then there was nobody in the helm of the vessel? A. Not after she was struck—I did not leave the tiller till she was struck.
MR. CLARKSON. Q. How long did it take you to get from the tiller over the boat, and on the cross bar? A. It took me some time—It was rather trouble some to get up—It was quite dark when I got on board, and raining—our smack did not carry a light—I don't know the state of the tide, nor how the current runs—my fathe was looking out—I had laid at anchor to wait for the tide at the Lower Hope—we left there about half-past twelve o'clock, I think—when we were on our northward tack, we had a free wind—we were close to the wind—she answered her elm readily—on the northward tack I might have put her anywhere—I took the helm at the half-way house-just as I came into Barking reach—we were not long running from the reach—we had a compass in the binnacle, but no light—we steered by the wind, not by the compass—It was our custom to steer by the wind—we cannot come straight with a foul wind—we don't steer by the compass in the day-time, unless it is thick and very dark, but we did not want the compass then, as we were in the reaches.
COURT. Q. Which way does the tide set in the Galleons? A. To the northward—the tide sets you off—when you get a little way it is over the the southward.
MR. CLARKSON. Q. Can you tell about what height the bridge of the steamer, was which communicates with the paddle-boxes? A. I don't know.
NOT GUILTY .
Before Mr. Justice Park.
MR. CHAMBERS conducted the prosecution.
WALTER WATT . On the 9th of November, I was master of the June a collier—she was lying in Bugsby's-hole, which is below Blackwall—about a quarter to six o'clock in the evening I was returning to the vessel—the vessel was at anchor—George Guthrie and William Willans were in the boat with me—they were rowing, and I was steering with the rudder—the boat was between fifteen and sixteen feel long—It was a very fine night—neither light nor dark—when we were near Blackwall-reach, I saw a large steamer nearly abreast of the reach—she was coming down behind us, about three times our length from us—our boat was nearly in the mid-stream—It was a Scotch boat I am speaking of—after getting clear of the Scotch boat, I pulled my boat directly into the north shore—we were ten or twelve yards from the north shore, not more—I saw the Monarch at the upper part of Blackwall-rach—she was coming up, and about three times her own length from us when I first saw her—she was near the north shore—she approached towards our ves sek—she then went nearer into the north shore—when she was about twice her length from us, or a little more,
she was coming direct on us—I stood up and shouted as well as I could, "Ahoy, starboard your helm"—she would have gone to the south if she had done so, and have been clear of us—I could see on to the deck of the vessel, when I stood up, but could not make any body out—I did not see any persons—Guthrie laid his oar in and stood up, and we both shouted—he kept shouting out in the same way as me—she struck our boat, and nearly cut her in two, and the boy Williams went down underneath the steamer, on the starboard side, and I went down under her bottom on the larboard side—I came up just under the steam-boat's larboard quarter—a waterman's boat was towing astern of the steamer, and the waterman reached a hook, and hooked me by the nose—I got hold of the hook with my hands, and was got out of the water—I was immediately taken on board the steamer—I saw the prisoner there, who I believe to be the captain—he was aft assisting me on board, when I got up out of the waterman's boat—when I went on board—he said he was sorry for the accident, and that he heard and saw nothing till he heard the crash of the boat—he gave me his card, and put a piece of sticking plaister on my face, which was bleeding—our boat came up bottom upwards, close by the steamer—I believe every endeavour was made to save Williams, but I was in such a state myself I could hardly see—his body was found next morning—I saw it.
Cross-examined by MR. CLARKSON. Q. How long time passed between your seeing the Scotch ship and the Monarch? A. I should think about ten minutes—the Monarch is a towing steamer; what is called tub, of twenty-five tons—they take very large ships up the rive, at times—It was after six o'clock, when I saw the Monarch—there was a light at her mast-head—I do not know a place called Saunders-ness, in the Isle of Dogs—I know Bugshy's-hole—I have been accustomed to the river nearly thirty years—I know the point you mean, but do not know Saunders-ness by name—the tide was on the ebb, from Greenwich Hospital towards Saunders-ness—I should think it was to hours after ebb—the current was running very strong at the time—I was on the northern shore, and I thought to keep out of the way of damage from the craft—we were going down with the tide, and the steamer coming up—vessels endeavour to keep out of the current going against them—the steamer was above the point; perhaps, twice its length, when the accident happened—It had rounded the point, and that made her come into us—I should think the tide would be very little slack at that time.
Q. His coming on towards you was in consequence of his having rounded the point, and there was a string current at the point? A. Yes—he would come to the smoothest water—(looking at a sketch) these arrows, denoting the course of the tide, are correct—I calculate that was nearly the set of the tide—It was very shallow water off the Ness-point—It became necessary for her to keep a certain way off the point, to avoid the shallow—I do not think she was ashore after the accident, but she was near it—that made me keep so close in—I considered I was safer near shore than in the current—the Scotch steamer was in the stream, and the set me in towards shore—there was plenty of time to go into the current again, but I had charge of my own boat, and calculated, that I could go where I liked with her, and went close in shore—It was a particular night, for the time of year; not what they call light, nor was it very dark—our vessel is fifteen or sis teen feet long—It was not above two feet and a half out of the water—the Monarch was about one or two feet above the top of my head, when I stood up in my boat—we had no sailing tackle on board—we had a boat-hook—It
is not usual to hook a lantern on a split head in small boats—I never saw any thing of the kind—I could see the light at the steamer's mast-head before she rounded the point—I could see it over the point—she was on the western shore then—she had not rounded the point—she was on the same side of the shore—In knew that she would be coming up on that side.
Q. What difficulty could there have been for your putting your boat's head to the stream, and drifting down the stream? A. There were vessels, at anchor on the other side—If I had gone athwart of them they might have hurt me—I considered I was safer in my small boat, by going along shore—I could have gone any where I chose.
COURT. Q. Having seen the vessel coming round the point, and knowing it must come on the same side as you were, on turning the point, could you not easily have got into the stream, to get out of the way? A. I first saw her three lengths from us—she was rounding the point—there was no land between us when I first saw her—I did not see her over the point.
MR. CLARKSON. Q. Did not you say you saw her light at the mast-head, before she came round the point? A. Yes; but it was the sand on he shore—I cannot say how many persons were examined before the Coroner on this subject—Guthrie did not go into the water at all.
MR. CHAMBERS. Q. Had you been in the middle of the stream when the Scotch vessel came near you? A. Yes; the made me go nearer shore—I do not think I was above ten yards off the shore when the Monarch struck me—It was not shallow water—we were above the point then—I was between the point and London—the accident happened after she had rounded the point—I should think there was eight or ten feet of water where she struck us—this was a steamer of twenty-five tons—a small vessel—I cannot say what water show draws—I should think it was my safest way to keep close to the shore—It was a very bright star-light night.
COURT. Q. The set of the tide is just round the point? A. It sets off the point to the eastward—the river run east and west to the point, and then turns round, and goes north and south—the moment the steamer came round the shore she would meet the tide coming towards her.
Q. Would not that throw her head tot he eastward? A. The man at the helm should avoid that.
GEORGE GUTHRIE . I was with Watt in the boat on the evening of the 9th of November, and saw the Monarch steamer coming—she was three times her own lengthe from us when I first saw her—I could not tell how far she was from the shore when I first saw her—but our own boat was about twelve yards from the shore, and in the north shore side—the tide was running down—the steamer bad a light—she was not coming direct on our boat—she was rounding the point when we first saw her, and after she rounded the point we pulled our boat towards the north shore, to keep clear that, called out—the captain called out first—she was twice the steam boat's length off when we called out—we called loud enough for any body to have heard, who was in the bow—after we called out, she struck our boat that was only the time she might be running her own length—I took holds of a rope belonging to the steam-packet, and jumped on board of her—I found nobody in the fore-part of the vessel—the first man I saw was on the paddle-case on the larboard-side of the boat—on the Greenwich side—I suppose the boat is about fifty feet long—the paddle-case is before the midships
rather—I took the person on the paddle-case to be the engineer—he was on the check by the paddle-case—he was near about his proper place—when I went aft in the boat, I took it to be the captain of the boat I spoke to—I cannot say it was the prisoner—I found a gentleman aft, I took to be the captain, and a waterman—the waterman was standing by the tiller—he had not got hold of the tiller—the other person was standing close by the tiller—I saw Mr. Watt brought on board soon after—he spoke to the gentleman, I took to be the captain.
Cross-examined. Q. You were not in the water at all? A. No; I stepped on board the steam-vessel, and got up her bow, by the help of a rope which was fixed before the bow-sprit—the waterman's name in Elliott—Hubbard was the man who picked our Captain up—I believe he is here—the windlass-bits are in the fore part of the vessel—that is the general place which they keep a look out from—It is proper for the engineer to be on deck—he has the management of the engine when he is on deck—I heard Crocksford examined before the Coroner—I do not know Avery—Williamson, an engineer, was examined.
MR. CLARKSON called
JOHN ELLIOTT . I am a waterman at Greenwich. On the night in question I had a tow from the Captain of the Monarch—he took me up in Bughy's-hole—she was lying still alongside a schooner at the time—that was about two miles and a half from Saunders-ness—she came up against the side, which was about two hours ebb—the current was running strong—until you come off the point of Saunders-nes the tide runs eastward, and it runs sharp off the point—I had made my boat fast to the stern of the steamer—Samuel Hubbard was with me—when I got on board the prisoner was there, and a mate, an engineer, and a boy, besides Crocksford and myself—the prisoner is the master—when the vessel started, the prisoner stationed himself on the windlass-bit to keep a look-out—I stood on the starboard side of him—Crocksford was on the larboard side of him—he was keeping a look out—there was a light at the mast-head—the captain did not leave the place once—the mate was at the helm, and the remained there till the accident happened—I cannot say where the engineer was—he ought to have been by the engine—the engine makes a great noise, more than if it was worked below, because it is all open—I heard some hailing the moment before the accident happened—It was impossible to have avoided the accident—the engine was stopped immediately—when it was stopped the people came as running aft, looking for the boat-hooks—the effect of the tide would be to drift the boat aft.
Third Jury, before Mr. Baron Alderson.
160. WILLIAMD BARKER was indicted for feloniously and burglariously breaking and entering the dwelling-house of James Dicey, about the hour of five in the night of the 7th of November, at Greenwich, with intent to steal, and stealing therein, 1 Guernsey frock, value 1s. 6d.; and I veil, value 1s.; his property.
JAMES DICEY . I am a pensioner belonging to Greenwich College. I live at the bottom of Thames-street, in the parish of Greenwich—on the 28th of October, I left my house about half-past five o'clock in the morning—I left my door bolted and the windows all safe—there are three doors to my house—they were all safe when I left—I came back about four o'clock in the afternoon, and found the bolts out, and the door open—I missed a Guernsey-frock, and a black crape veil—the prisoner had loged at
my house for about six months, and left about two months back—I always go out at half-past five o'clock in the morning—I go to the college, and come back between three and four o'clock in the afternoon—he knew that was my habit—I found the guernsey-frock at Mr. Harker's, the pawnbroker.
Prisoner. I did not break any locks and bolts, and left no doors open. Witness. I found the back easement open when I returned—a persons putting his hand in there could pull back the bolt, and open the door—I found the hold pulled back—I am sure the casement was fast when I left in the morning, there was a broken pane of glass in the casement.
RICHARD TOZER . I am a policeman. I apprehended the prisoner on this charge—I went to him last Friday-week, and found him in bed, at his father's house—I asked what he had done with the guernsey-frock, he said he had pawned it at Harker's—I went and found it there.
EDWIN BOULTON . I am an apprentice to Mr. Harker, a pawnbroker, I do not recollect the guernsey-frock being pawned—one was pawned at master's shop on the 30th of October—I cannot tell who pawned it—It was such a person as the prisoner, but I cannot swear to him—I recollect his being in the shop about that time.
(Property produced and sworn to.)
GUILTY of breaking and entering, but not of burglary. Aged 16. Judgment Respited.
161. WILLIAM BARKER was again indited for burglariously breaking and entering the dwelling-house of James Dicey, about five in the night of the 28th of October, at Greenwich, and stealing therein I shirt, value 1s. 6d. and 1 pair of trowsers, value 1s.;—also for stealing on the 19th of November, 1 blanket, value 3s., the goods of the said James Dicey; upon which no evidence was offered.
Fifth Jury, before Mr. Common Sergeant.
ROBERT BALDREY . I am a shoe-maker, and live at Woolwich. On Monday, the 26th of October, I had some shoes safe in my shop—I missed a pair on the Wednesday following—on Thursday evening I saw McGee and another little boy under my window, talking together—McGee ran away, I ran after him, and accused him of having taken my shoes—he denied it — I said I should take him to the shop where I had seen the shoes—(I had seen them at a pawnbroker's)—I took him, but they could not identify him, and I let him go—I saw him afterwards with Hawks-worth, the same evening—I had Hawksworth apprehended, and the pawnbroker identified him—these are my shoes, I had not sold them.
EDWARD JOHN TALBOT . I am in the service of Messrs. Booths, pawnbrokers, at Woolwich. These shoes were pledged on the 28th of October by a lad, who I believe was the prisoners Hawksworth, but I cannot swear to him—I have some recollection of his face.
Q. The prosecutor says you identified him? A. I said I had some recollection of him—I cannot swear he is the person, but as far as my recollection goes, he is.
WILLIAM CHAMPION . I am constable of Woolwich. I apprehended the prisoner—I asked McGee, whom I took first, what he had done with the shoes which he took from Mr. Baldery—he said he did not take any—I
said, "You pledged them"—he said, "No. Hawksworth pledged them at Messrs. Booths," and I found them there.
SARAH HAWKSWORTH . I am sister of the prisoner Hawksworth, and live at Woolwich. I received the duplicate of the pair of ahoes from the prisoner McGee—I went to Booths, and looked at the shoes—as I was coming away the gentleman asked me if I wanted my name put on the ticket—I said, "Yes"—I brought the ticket home, and gave it to my brother—the shoes were pawned for 1s.,—I did not give MeGee any thing for the duplicate—I gave 1/2d. to have my name put on it.
Hawksworth's Defence. On the Wednesday night I was going down town—I met McGee, who said he had picked up a pair of shoes—he asked me to go and pawn them for 1s. 6d., and he would give me somethig for myself—I took them, but they would only lend me 1s. on them—he gave me half of it, and gave the ticket to my sister.
McGee's Defence. I picked up the shoes—I met this boy, and gave them to him to pledge—he gave me the ticket—I gave it to his sister and told her I thought they would fit her.
NOT GUILTY .
EDWARD ALLEN . I am apprentice to Mr. John Lock, of High-street, Woolwich. On Saturday, the 14th of November, between twelve and one o'clock, I saw the prisoner take a piece of pork from Mr. Noakes's window as she passed—she walked on with it.
Prisoner's Defence. I am the mother of eleven children. I had the brain fever, and have had a fracture in my head for nine years—I saw a poor man in distress—I went to a wine-vaults, and had 3d. worth of brandy for him—I had a glass of gin, and a drop of rum for myself, and have no recollection of touching the pork—I had 5s. 6 1/2d. in my possession.
GUILTY . Aged 50.—Recommended mercy by the Jury.
Confined One Month.
JOSEPH NEWMAN . I am a boot and shoe-maker, and live in High-street, Woolwich. On the 21st of October, about half-past seven o'clock, the prisoners came to my shop—Brown asked for a pair of shoes—I attended to him with them, and while I was doing so, I saw a woman's stout shoe drop from behind Brennan, as he stood aganist the counter—I told my daughter to pick it up, which she did, and laid it on the counter again—while I was attending on Browne, Brennan walked out, with the pair of shoes under his left arm—It was the pair which had been on the counter—I saw them—I followed him into the street, and said, "You have got my shoes under your arm; there they are—I will swear to them"—he up with his right hand, knocked me down, and made his escape with the shoes—Browne had then got into the street—I laid hold of him, and gave him into custody—he said he did not know the other man—they went out of the shop nearly together—Browne had not dealt with me—he asked for a pair of shoes, which were 7s. 6d.,—he offered me 5s. 6d. for
them—I said I could not take that, and they were hung up again—he then said he would give me 7s., and while we were agreeing about them, Brennan went out—I do not think they were very sober.
Browne. When I went there he was not in the shop at all. Witness my daughter had the care of the shop.
MARY NEWMAN . I am the prosecutor's daughter. The two prisoner's came in together—Browne asked for my father—he wanted a pair of light shoes—I called my father, and while he was fitting the shoes on Browne Brennam let a shoe fall behind him—I picked it up, and put it on the counter—Brennan then went out, and when he was gone, the pair of shoes were gone off the counter—I saw him go out with them under his arm—the two prisoners went out together—Brown was brought into the shop again by my father—he did not attempt to escape.
WILLIAM DAVIS . I am an officer. I took Browne in the shop—he did not attempt to escape—I found no money on him—I asked him how he could go to buy shoes without money—he said a mansent sent him for a pair, and his fit would be the man's fit; and if he got a pair he was to go back for the money—I took Brennan at the guard-room, on the Saturday following—they are both soldiers in the Royal Artillery
Brennan's Defence. I was drinking all day—I went out, and met Joseph Townsend—we went back, and he drank with me till past ten o'clock at night—I was not near the prosecutor's house at all—Town send was before the Magistrate, and gave his evidence—I sent a letter to him saving he would be required here on Monday—he stated I was with him from four till past ten o'clock.
Browne's Defence. I went to the shop to buy a pair of shops—his daughter called him, and be showed me some—he asked 7s. 6d. for a pair—I offered him 5s. 6d.—he said he could not take that—the man who was in the shop then went to the door—I waited in the shop, and the prosecutor brought in the officer, who took me—I could get a character from my captain.
BRENNAN— GUILTY . Aged 22.— Confined One Year.
BROWNE— NOT GUILTY .
MR. BODKIN conducted the Prosecution.
Cross-examined by MR. PAYNE. Q. Did you examine it yourself? A. Yes; I looked first at the copy, and then at the book—(read) "St. Pancras, Middlesex. David Ross, of this parish, widower, and Hannah Prior, spinster, were married in this church by Hans this 28th of December, 1824, by me, J. Brackenbury, Curale; in the presence of William Yates, and—Thisselton. "
ANNE SHAW . I am the daughter of Daivd Ross—he is a seafaring man, and was alive on the 26th of August last—I knew him and the prisoner living together as man and wife, in 1826, when I came up from the country—his
Christian name is David—I came up in June that year, and he left her in July—I know no reason for his leaving her—my father showed me the certificate of their marriage, and I have heard the prisoner say that her name was Hannah Prior before she was married, and that she lived in a situation some time before they were married,—I often heard her say that she was married at St. Pancras church
Cross-examined. Q. How old were you when you had any conversation with her about her maiden name? A. Fifteen years—It is almost ten years ago—I do not recollect how the conversation began—my father left me on the 22nd of last June, to go abroad—I did not live with him at the time of this marriage—I was in Liverpool, and came up from there in June, 1826; and he went away five or six weeks afterwards—we did not know where he went till he came back and told us—I did not see him again till 1832; and the next time was in 1833—he went away on the 19th of July, 1826; and he came back in March, or May, 1832—I was in service till I got married—I was in the habit of seeing my father almost every day before he went away—there was no reason why he should keep away from me—we had no quarrel.
COURT. Q. Had you any communication from him from abroad? A. No. I did not know whether he was dead or alive for those six years,
JOSEPH TITE (police-constable R 159.) I apprehended the prisoner on the 10th of November, in the Greenwhich-road, at the instance of Mr. Thrift, for bigam—she wished him to let her go, and said she would never trouble him an more—he asked what was to become of the children—she said "You must take them"—In going to the station-house, she said she had been previously married to a person of the name of Ross, but during five years she had never heard of, nor seen him; and she had told Thrift he had better wait two years longer and she should be at free liberty to marry him—she said she bad some property left her, that Ross had applied for that, but he did not think well to inquire after her—this was said in Thrift's presence, and he made no reply.
RICHARD THRIFT . I am a gentleman's gardener, but am out of a situation. I became acquainted with the prisoner in August, 1835—I was then working at Lewisham nursery—I married her in November, 1830, at charlton church, in Kent—she represented herself as the widow of David Ross—she said he was dead, and buried at Liverpool, and that Mr. Russell had inquired into every thing, and I might marry her—she did not tell me I had better wait two years—I did not know that she had a husband who, in all probability, was living.
Cross-examined. Q. Did you know that she had a quantity of good furniture? Q. She had some, but that was no interest to me—I did not marry her for her furniture—I did not know that she was in the receipt of 16s. a week as rent of part of a house—I know she had some chairs and drawers, and some things which might he worth 30l.—she had been with me about two months before I married her—she lived with me as housekeeper, and minded my three children that I was left with—after we were married she had about 160l., left her by her father, as she said—she gave it to me to do as I liked with—the furniture is in the house now—It was her abusive tongue, her challenging me, and saying that she was no wife of mine, that induced me to give her into custody—It was not by my persuasion that she married me—I said I must leave my situation, or we must marry, or she must leave—I was then living with Mr. Richardson, and he said, "I think it is better for you to marry, than live as you do"—the prisoner
did not tell me that her husband was abroad, and that she did not know whether he was dead or alive—I married her as widow—the 160l. has kept me ever since I have been out of service—It is not all gone—there is about 50l. left—It is at Greenwich, in my house—I did not give her the 50l. when I gave her to the officer—she did not tell me her husband was alive—she said she had not buried her husband, but no doubt he was dead, and I might marry her—she had not heard of him since he left her, but no doubt he might be dead—I did not ask her several times to marry me before she consented—every thing was provided for it, and I was brought to the church—I heard her tell the policeman, that she had told me I had better wait two years longer, and then I might safely marry her—I did not deny it—I did not say any thing; but she had not told me so—I did not know that I had any occasion to deny it—I have had no conversation with a woman, whom I told that I meant to prosecute the prisoner.
MR. BODKIN. Q. At the time the prisoner said what she did to the policeman, did he turn to you, and ask if it was true? A. No; he did not—the 160l. came into my possession the beginning of last December—I lived with the prisoner till the time she was taken into custody—I had three children before I married her, and two by her—I have four to support—my eldest child is out—I have 50l. left. which I have no objections for the prisoner to take; and the furniture is there—I heard, about three months ago, that her husband was alive—the prisoner has been in custody once before—the mistress of the house, where my eldest girl lives, gave her into custody, because she went there and demanded 12s., and threatened to strike the mistress, and set the house of fire—I was in Mr. Richardson's service six years—I have lived five years with him since I have been married to the prisoner; but she would come to the house, and bring one of my dahila-stricks, and threaten to break the window; and I said I would leave, rather than lost my character
Cross-examined. Q. Did the prisoner send to you for any money? A. Yes, on Saturday week; and I sent her half-a-sovereign, last Saturday; and I sent the infant a change of linen—she has the youngest child with her, who is about nine months old—I would have taken the child, and got a nurse for it—the prisoner had at times been away two days and a night from me.
COURT. Q. She had this 160l. herself? A. Yes—she brought it to me, and put it on the table, and told me to do as I liked with it.
Prisoner's Defence. I communicated every thing to him before I was married—I said I would go and consult my friends, and if they agreed. I would have no objection; but he pressed me not to do so—he said after I was married, I might go to my friends, and stop as long as I pleased.
GUILTY . Aged 45.—Recommended to mercy by the Jury and prosecutors.
Confined Two Days.
166. ROBERT AMBROSE was indicted for stealing, on the 10th of November, 1 watch, value 16s.; 1 watch-chain, value 1s.; 1 watch-key, value 2d.; and 2 seals, value 4d.; the goods of Dennis patis: and GEORGE GOODHUGH for feloniously receiving the same, well knowing them to have been stolen, against the Statute, &c.; to whihch ROBERT AMBROSE pleaded
GUILTY .— Confined Three Days, and Whipped.
DENNIS PATIS . I am a potter, and live on Plumastead-common, in Kent. On the 10th of November, I had a watch, with two seals, a key, and chain, at Mr. Gates'factory, Plumstead—I missed them between four and five o'clock that afternoon—the prisoner Ambrose worked with me—this is my watch, seals, and chain.
DENNES PATIS re-examined. I had discharged Ambrose a fortnight before—he had an opportunity of stealing this watch on the 10th of November—I never saw Goodnight there—If her had come, I think I should have seen him.
Cross-examined by MR. BODKIN. Q. Did you see who did take it? A. No.
Cross-examined Q. Did you know him before? A. No; I never saw him before—I am quite positive it was him.
WILLIAM CAMPION . I am a constable. I found Goodhugh in the watch-house—I was proceeding to search him, and he said, "You will not find what you are looking for; you want the duplicate; I have not got it"—he said he had destroyed it—that he had trodden it in the water at Greenwich—he said it was the duplicate of a watch—he did not say what watch, nor that it had been stolen.
BENJAMIN BUTTER . I am in the employ of Mr. Gates. On the 10th of November, between four and five o'clock, I saw the prisoner Ambrose near his premises—I said, "Halloo, Bob, is that you?"—he said nothing, but ran back—I did not see any body with him.
Cross-examined Q. Did you see Goodhugh there? A. No—I have seen him walking backwards and forwards past the house—Ambrose used to work there—I do not know that Goodhugh and Ambrose are very much in each other's company.
Cross-examined Q. Did you put any mark to the paper? A. No—a paper was read over to the prisoner—I do not know whether he signed it or made a mark—to the best of my knowledge it was this paper—(read) "George Goodhugh states, I was very ill last Tuesday—this boy went with me, and said he was going to borrow a shilling of his brother, and in about five minutes he came to me, and said he had found a watch—I said I would have nothing to do with it, but he pressed me, and I went with him to Greenwich, and pledged it in the name of Davis—I gave him 10s. "
GOODHUGH— NOT GUILTY .
SUSAN CUNNINGHAM . I am the wife of William Cunningham—who keeps a clothes shop in Church-street, Greenwich. On the 14th of November, the prisoner came to buy a pair of second-hand shoes for hereself, but she did not buy any—as soon as she was gone I missed two shoes,
which I had seen when she came in—I went to her lodging with the policeman, and asked her for two shoes—she said she had not got them—the policeman then asked her for them—she said she had not got them, on her oath—he said he would search for them—she then took them out of a cupboard, and gave them to him—these are my husban'd property.
Cross-examined by MR. PAYNE. Q. How long was it after you missed them that you went to her house? A. It might be a quarter of an hour—the prisoner appeared to be sober—she was not long in my shop—I knew her by sight before—I did not offer to take 5s. for the shoes—no one offered to pay me for them—I said the two pair were worth 5s. when she came to my shop she had her apron full of things, as if she had been to market—she fixed the bread in her lap by the counter—her house is about a quarter of an hour's walk from my shop.
WILLIAM KIRBY (police-constable R 186.) I went to the prisoner's house—she was charged with having taken two shoes—she said she had not got any shoes in the house—she afterwards brought these from the cupboard.
Cross-examined Q. Have you kept them ever since? A. No; they have been at our office—I did not put any mark on them, but here is a piece locked up at the station-house—the prisoner was sober.
Prisoner's Defence. I had been with my husband—he completed me to take a little to drink—I have no knowledge of taking them, unless it was by mistake with my own things.
(Property produced and sworn to.)
(James Hurst, of Union-street, Bishopsgate; and Caroline Welch, of Clapham, gave the prisoner a good character.)
GUILTY . Aged 29.— Confined Fourteen Days.
CHARLES BROOK . I am an apprentice to Mr. Richard Redman—he is a linen-draper, living at Lewisham. On the 11th of November, the two prisoners came to the shop, and asked for some patch-work pieces—I looked about for some, and found there was none—I then missed a shawl—the prisoners were in the shop at the time—they went away, and I went after them—I caught Dunn, who went out of the shop first—Keefe had spoken to Dunn while they were in the shop, and asked her what she touched the shawls for—told her she would tell her father, and sent her out of the shop, and keefe went in about five minutes—I followed Keefe—she saw me, and ran behind a carriage—I then returned, and found Dunn nearer to our shop than where I left Keefe—I asked her what she had under her tippet—she said a shirt, which her father had just bought—I asked her to let me look at it—she said she should not, and ran away—I ran, and caught her, she threw the two shawls down, which are my master's—she said, "Take me, take me, but let the other girl go. "
CHARLES ATKINS . I am a constable. I went in search of Keefe, she saw me, and concealed herself behind a carriage—I took her, and she said she knew nothing about it, she did not know the shop, she lived down the town—I took her to Mr. Redman—he said she had been there for patchwork—I asked her if she knew the other girl, she said she did not—I then
brought Dunn, who said she had known Keefe for twelve months, and then Keefe said she had known her for twelve months.
Dunn's Defence. I took them from want, we had only taken 3 1/2d. all day, and had been out all night—we have no friends.
Keefe's Defence. I have no father nor mother—I went out singing with this girl—I did not know about taking the shawls at all.
DUNN— Aged 13.
KEEFE—Aged 13. GUILTY .
Recommended to mercy by the Jury. Confined Two Months.
JOHN JEFFRYS . I live in New King-street, Deptford, and am a baker. The prisoner was seven weeks in my employ—It was his duty to collect money from my customers when he carried out bread—It was his duty to receive 2s. 6d. from Mrs. Brookes, on the 28th of October—6s. 9d. on the 4th of November—and 9s. 7d. on the 9th—he paid me 8s. of that, and 5s. of the 6s. 9d.—the 2s. 6d. he did not pay any part of—It was his duty to settle every evening for the money he received—I had no running account with him.
CHARITY BROOKES . I deal with the prosecutor for bread, which the prisoner brought me—I paid him, on the 28th of October, 2s. 6d.—I afterwards paid him 6s. 9d. and 9s. 7d. for his master—I told him to take care of it.
GUILTY . Aged 15.— Confined Six Months.
Sixth Jury, before Mr. Common Sergeant.
170. JAMES BOLTON was indicted for stealing, on the 1st of Novemer, 94lbs. of lead, value 13s., the goods of Henry Taylor, and fixed to a building, against the Statute, &c.—2nd COUNT, for ripping and cutting, the same, with intent to steal.
JAMES STAG . I live at the Cold Baths, at Greenwich, and am an engineer. At a little before eight o'clock on the 1st of November, I was passing a house, called Dartmout Cottage, in the parish of Lewisham—I saw a man outside the palings, watching—I asked him what he was doing—he said "Nothing"—I then looked over the palings, and saw the prisoner inside the palings, with another man—I heard a kind of knocking—one seemed to be cutting, and the other bending up lead in the privy—they all ran away—I called Thomas Knight to assist me in pursuing them—I am certain the prisoner was one—I did not lose sight of him above a minute—we took him, and he made a second attempt to get away—I overtook him, and gave him in charge to an officer—I went to the cottage they ran from, and found this piece of lead in the privy—these pieces doubled up, and these cut off ready to double up—some were outside the privy, and some inside—It has been compared with what remained on the roof, and fitted exactly—to the best of my belief it is part of it—I found this knife in the privy—I asked the prisoner whose it was—he said it belonged to one of the others.
GEORGE BARHAM . I am a constable of Lewisham. The prisoner was given into my custody on Sunday morning, the 1st of November—I went to the cottage and found this lead, partly in the privy, and partly out, and this knife which the prisoner said belonged to one of the others—I fitted this lead on the ridges of the house, and to the best of my judgement it came from there.
Prisoner's Defence. I was drawn into it.
GUILTY . Aged 20.— Confined One Month.
Fifth Jury, before Mr. Sergeant Arabin.
JOHN CANN . I am a bricklayer. I was at work at a building in Greenwich—I left all my tools there on Tuesday evening, the 17th of November, they were in a bag, in a shed—I went the next morning, and missed my trowel.
GUILTY . Aged 12.— Whipped and discharged.
Fifth Jury, before Mr. Common Sergeant.
NOT GUILTY .
SURREY LARCENIES, &c.
First Jury, before Mr. Sergeant Arabin.
NOT GUILTY .
Third Jury, before Mr. Justice Park.
ISAAC CULLING . I live in Minerva-terrace, Brixton-road, in the parish of St. Mary, Lambeth—I keep the house, and am a gentleman. On the 31st of October, I saw my coats and a hat hanging in my hall—I saw them there about one o'clock I think—I missed them about three o'clock—I had not been out in the meantime—It was in consequence of information from my servant that I missed them—I went out immediately, and saw the prisoner in the Vassall-road, which is about thirty yards from my house—he had what I thought were my coats on his arm—I called "Stop thief"—he ran, I followed as fast as I was able—he was stopped—I did not see him stopped, but I came up a minute after—he had nothing then—I saw my three coats at the end of Cowley-road—he jumped over a fence, and there I lost sight of him, but he was brought back to me, and before I took him into custody he said, "Forgive me this time, and I will never do so any more. "
Cross-examined by MR. CHAMBERS. Q. Did you know him before? A. No; I cannot say I had ever seen him before—I was lying on my sofa when my servant gave me information—I jumped up immediately without coat or hat, and ran out into Vassall-road, and first caught sight of the
prisoner—I am perfectly satisfied about him—I saw his back—he was running when I first saw him—he got out of my sight, and was afterwards brought back—I was still in pursuit, seeing Mr. Moore following him—I was running across the field, still pursuing him, but he was not exactly in sight.
SARAH STONE . I am the prosecutor's servant. In October last, I was playing on the terrace with my master's little boy—I had left the door of the house open—I had seen the prisoner about by Mr. Silvester's, next door to master's—I saw him going away, as if from my master's door—he had nothing with him—he was passing by the door—I saw him afterwards, with three coats on his shoulder—I went into master's passage, and the coats were gone—I had seen them hanging there before—I went into the parlour, and told master—I did not know the prisoner before, but I am quite sure he is the person—I ran after him, and said, "You have got my master's costs"—he said, he was going to take them to be mended, and that I might go and tell my mistress if I liked.
Cross-examined Q. You never saw him before? A. No, when I first saw him, I was within five or ten yards of him—his face was towards me, when I talked with him—that was next door to master's house it did not last above a minute—I am eleven years old.
MR. CULLING re-examined. The coats are mine, and are worth 5l. 1s. 6d.—one is new, for which I paid three guineas and half—the great-coat, which has been worn, I paid five Guinness for—the other is an old coat—It may be worth 10s. to me—I did not employ the prisoner to take them to be mended.
Cross-examined Q. Are all the coats here? A. They are—the new one I have only worn three times—I have worn the great-coat about a year.
GUILTY of Larceny only. Aged 19.— Transported for Seven Years.
Before Mr. Justice Park.
WILLIAM FELL NELTHORPE . I am in the employ of Mr. George Up ham Whittle, at Newington—he is a collector of rents and a broker. I was employed by him to put in a distress on the 7th of November—I did so, and placed the prisoner in possession—I had distrained for 2l. 12s.—I told him, when he received the money, to bring it to kennington, where Mr. Whittle lives—I told him he was to receive 2l. 12s. as rent, and 5s. 6d. expenses—I gave him a receipt to give in case he received the money—If he thought proper, he could retain half-a-crown for the day—I did not see the prisoner again till the 13th, when he was at Union-hall—I do not know of my own knowledge whether he received the rent—I went to the house he was placed in on Monday, the 9th, and found it shut up—nobody was at home at the time—I knocked several times, and nobody answered.
FRANCIS BAKER . I am a policeman. I was on duty on Friday, the 13th of November, about half-past seven o'clock in the evening, on Newington-causeway—I met the prisoner followed by a female, and in consequence of what passed between me and the female I stopped the
prisoner, and asked him where he came from—he did not answer—I then asked him if the charge the female had made against him was true—she said, in his hearing, "I I give this man in charge for running away with the money from a house over the water, which he had been placed in by a clerk of Mr. Whittle's"—the prisoner then said he had been put in possession of a house by a clerk of Mr. Upham Whittle's—I asked him if he had been to see Mr. Whittle, or his clerk since—he said, "No"—he said he had been put in the house, and remained there till night, and the man then came home and paid him the money—that he then left the house, and went into a public-house to get some refreshment with a shilling of his own, and there lighted on some acquiantance, and taken more than he ought to not know—and that he found himself in Marylebone with his tobacco-box and money gone—I am sure he said Marylebone.
Prisoner. It was Whitechaperl I found myself in at first. Witness. I cannot be certain which.
GEORGE DUNMOE . I am a brazier. It was on my property this distress was laid—I paid 2l. 17s. 6d. for costs and all—the rent was 2l. 12s.—I paid it to the prisoner between six and seven o'clock on Saturday, the 7th of November, the day the distress was put in.
GUILTY . Aged 42.— Confined Six Months.
Second Jury, before Mr. Recorder.
MR. CHAMBERS conducted the Prosecution.
HENRY CHESTER . I am a baker. On the 21st of October, I lived at No. 7, St. George's-circus, Southwark—the prisoner came to my shop about eight o'clock in the evening, and asked for a penny loaf—he gave me a good shilling for it—I gave him a good sixpence and 5d. in change—I am certain it was a good sixpence—I examined it particularly, before I gave it to him—I turned round take a loaf from the shelf, to serve another customer, and at the moment, he chucked a sixpence down on the counter, and said, "You have given me a bad one"—I looked at it, and it was not the one I had given him—It was a bad one—he insisted on having a good one in return for it, and made a great piece of work—I then gave him a good sixpence for it, as he threatened to break something, or something of that kind—I put the bad sixpence into my pocket, and have since given it to the policeman—I marked it first—there was no other money in the pocket—I put it quite by itself, in my left hand pocket—I saw him in custody in about an hour afterwards—I had mentioned it to a policeman, who went with me to the gallery of the Surrey theatre to look for him, but did not see him.
Prisoner. Q. Did not I say I was willing for you to send for a policeman, and search if I had any about me? A. I do not recollect any thing of the kind—he asked me a similar question at Queen-square—I said I could not recollect that he said any thing of the kind—I will swear he did not say so.
JURY. Q. Is it usual on all occasions to examine sixpences particularly before you give them to customers? A. I recollect perfectly well the sixpence I gave him was good—I generally do notice when I give
money, as I have taken a great deal of money lately—I will swear I had not a bad sixpence in my till at the time—I looked over the till afterwards—I had not looked over it before, I had the sixpence there—my wife takes money in the shop—I do not know whether she took any that evening—I recollect the sixpence was a good one—I have been very particular lately in igving money and in taking it.
MR. CHAMBERS. Q. was the sixpence which he threw down like the one you had handed to him? A. No; one was good, and the other bad.
MARY CORNWALL . I am the wife of Daniel Cornwall, a baker, in Charlotte-terrace, New-cut. I saw the prisoner at my shop, within a few minutes of nine o'clock that evening—he asked for a 2lb. loaf—I served him—the price was 3d.—he tendered me a five-shilling-piece—I did not like the appearance of it, and gave it to my little boy to take to my husband who was in the bakehouse, to look at—my husband came up directly with the little boy and the crown-piece—he said it was a bad one, and asked the prisoner where he got it—he said he took it at Mr. Davis's in the waterloo-road, in change for half-a-sovereign—I saw my husband lay it on a 4lbs. weight, and cut it with a 2lbs. weight; and before that, he told him if he would fetch Mr. Davis, or any respectable person, to say he took it of him, he would let him have it—he said no, he would not go back, but my husband might go to Davis if he liked—my husband said if he would not fetch somebody, he should not give it to him without marking it first—the prisoner told him not to mark his money, but give it to him—my husband marked it, and put it on the counter—the prisoner took it up and put it down—he took up the 2lbs. weight, and swore he would strike my husband—a crowd collected round the door, and the policeman came up, and then the prisoner ran away, taking the crown-piece with him—my husband ran after him—he was brought back—the policeman brought a crown-piece to me next morning—I knew it to be the one my husband had marked.
Prisoner. Q. Did he mark it before you gave it to your little boy? A. No: he took it down to his father, who came up instantly—I have seen it since, and will swear it is the crown-piece you offered me, for I saw my husband mark it.
Prisoner. Q. what did you father do with it? A. He took it in his hand, and came up stairs, and said it was a bad one—nobody told me to say that.
DANIEL CORNWELL . I am the last witness's father. He brought me a crown-piece on the evening of the 21st of October—the moment he put it in my hands I ran up in the shop, and saw the prisoner standing at the counter—I told him it was a bad one, and he knew it—he said he did not—I asked where he got it—he said he had got it in charge of Mr. Davis, in the Waterloo-road, for half-a-sovereign—I told him I should keep the crown-piece till he produced Davis, or some respectable person, to say he got it in a right way, and then I would give it up—he said he should not fetch Mr. Davis, but I could go with him to Mr. Davis if I liked, which I declined—he then made a piece of work, and collected a large mob round, and in the shop—I told him if I gave him back the five-shilling-piece, I should mark it—he said I should not—I laid it on the weight and struck it with a tool—I gave it a tremendons cut, and laid it down—he took hold of
a weight, and held it at my head, and said, "I'll smash your head" or "nose"—he took up the crown-piece, and in about half a minute caught sight of the policeman's hat—he then bobbed his head down, and ran out of the shop ion a moment—the policeman next morning showed me a crown-piece, which I can swear was the same I had marked—I did not observe when he put the crown-piece when he took it up.
JOHN PAENELL . On the 21st of October, I was near Mr. Cornwall's house—I saw the prisoner running—he tumbled over a hill in Sport-street—after he fell he put his hand into his right-hand pocket, and threw something out—I saw the policeman catch hold of him—I looked at the place where he threw something, and looked about the street, and in about ten minutes, or a quarter of an hour, I picked up a bad five-shilling-piece—he seemed as if he was going to throw it over the house—I found it in the road in the direction he appeared to throw—I gave it to the policeman next morning.
Prisoner. Q. At what time did you see me run out of the shop? A. Two or three minutes before nine o'clock—I was close to you—you nearly knocked me down as you ran round the corner—I was not in the crowd—he brushed by me—I put the crown-piece into my pocket—my master saw it in my hand—It did not go out of my possesin till I gave it to the policeman.
JOHN BRANDON . I took the prisoner into custody. I had seen him ran through the crowd from Cornwall's shop—I pursued and took him—I saw him take his hand out of his pocket, and throw something away—I took hold of his collar, and he said, "it is gone; it is no go"—I said, I should take him to the station-house—he said he had got nothing about him, sad into Cornwall's shop, and asked if he was the man who offered the bad crown-piece—they said he was—I said I should take him to the station-house, to see if he was known, though the piece was gone—I took him to the station-house, and searched him there—he had 9s. or 10s., six pences, 2s. in copper, and the rest in sixpences, all good—I received a crownpiece next morning from Parnell, and have it here—I received a sixpence from Mr. Chestern after seeing him mark it with the inspector's knife—I have had it ever since.
ELIZABETH DAVIS . I am the wife of Henry Davis, who keeps the Royal Victoria tavern, in the waterloo-road. I saw the prisoner on the 21st of October, about three o'clock in the afternoon—he called for half-a-pint of porter, and tendered a bad shilling for it—I am quite sure it was bad: I returned it to him, and asked how he dared to come and sure it was not longer—he never touched the porter—when I said it was a bad shilling he went away immediately—I never gave him change for half-a-sovereign, nor did I give him a five-shilling-piece, nor did my husband, for he was not in his business the whole of that day—he was in bed—he asked for the half-pint of beer immediately he came in—he walked out of our place.
MARY ANN BILL . I keep the Oxford-arms, in the Wesminster-road, I saw the prisoner there the evening that he was taken, about seven o'clock—he asked for a glass do shrub—my bar-maid served him—It came to 1 1/2d.—he gave a shilling, and I gave him sixpence, and 4 1/2 d. in change—after that he broke a glass, and was called on to pay 9d. for it, and he gave me a sixpence and 3d.—the sixpence was bad one—I returned it to him directly as being bad—he said he had taken it of me, in the 10 1/2d., which I knew he had not—I cannot swear he had not, but I think he had it—I objected to it, he became very abusive, and threatened to strike.
me, he took the pint spirit-measure in his hand to strike me with it, and said I did not know good money from bad—I had detected a bad five-shilling-piece a few days before, and I took that down to show him that it was like it—he took the bad crown-piece off the counter, and said he would have it—I showed him a bad half-crown, he said, "That is not worth 2d., "but the crown-piece he should have out spite; and I said he should have it, to get rid of the nuisance—I said he was welcome to it—he took the bad sixpence also away—he threw some good silver on the counter when I said I suspected he had no more money, and I took a good shilling up, and gave him 3d., and paid myself for the glass
Prisoner. Q. Did you see give your bar-maid a shilling? A. I did not—I was at the door, where I sit—you were standing at the centre counter, about four yards from me, I should think—I went out directly he gave the sixpence.
COURT. Q. When you say he had 10 1/2d. in charge, you did not see it given to him? A. No. I did not—the bar-maid tells me she gave him sixpence.
MR. CHESTER re-examined. This is the sixpence I marked before I handed it to the policeman.
Priosner's Defence. I went into Mr. Chester's shop, he gave me a bad sixpence in change for my shilling—I returned it to him, and said, I did not like it—I told him I had no other about me, and he was welcome to send for a policeman—I told the magistrate so, and he said he could not contradict me—I got changer of ahlf-a-sovereign at Mr. Davis's, and I took this five-shilling-piece in change—I did not know it was bad till I was accused of offering it to Mr. Cornwall, the baker.
GUILTY . Aged 21.— Confined Two Years.
Third Jury, before Lord Chief Justice Denman.
NOT GUILTY .
Third Jury, before Mr. Bason Alderson
179. WILLIAM ROLLAN was indicted for feloniously breaking and entering the warehouse of Christoper Maltby and another, on the 6th of November, at St. Mary, Lambeth, and stealing therein 4 pieces of brass, called bearing-brasses, value 5l., their goods—2nd COUNT, describibg the goods as 248lbs. weight of brass.
THOMAS MALTEY . I am in partnership with my brother, Christopher Malthy—we are merchants and manufacturers—I found a quantity of brass missing from a warehouse in our manufactory in Bevedere-road, in the parish of St. Mary, Lambeth—I have known the prisoner many years—he is the son of our foreman—I am informed that lately he worked on our premises, but not with my knowledge—I heard of this robery from the foreman, who pointed out the part broken into—I found a door in a closet in the warehouse, with marks of violence on it—the brass was part it, taken from inside that closet, and part without—the force used at the door must have been very great—the wood work against the lock was
cut away, and some instrument had been introduced to force the door open—It could not be closed again without force.
ALEXANDER MITCHELL . I am one of the Thames Police. I was sent for to the prosecutor's premises on Monday, the 9th of November—I examined the door, and found the door-post cut away, a portion of the door cut where the bolt of the lock shot, and some marks on the door-post—It had required considearble force to open the door—on the door-post and door there were marks of a round instrument having been introduced to force it open—I afterwards fitted this bullet-mould to it—It fitted exactly—I afterwards made inqury, and found at Messrs. Everett's, in the New Cut, nine pieces of brass weighing 9 cwt.—William Nicholson showed them to me on the 12th of November—In consequence of information I got there, my brother officer apprehended the prisoner that day—he was brought on board the police-ship that night—I told him that what he said in answer to any questions put to him might be used against him; and next day going down to the office I asked him how he got into the premises—he said he went into Perchey's yard, got up where the old iron was kept, and on the roof into a window in the tower of Mr. Maltby's shop, down there into the shot-house—that he took a ladder, got into the loft, cut the door and door-post with the knife, and forced it open with a bullet-mould and that he carried the brass out the same way he got in—I said it was impossible if they were that weight—he could not have done it by himself—he said, "I had no accomplice with me"—some of the pieces weighed three quarters of a hundred weight—at the time I went to Everett's they gave me this bills of parcels—I showed it to the prisoner, and he said he had written it—I asked him who Johnson was—he said he was asked a name, but he did not know who Johnson was—(read) "Mr. Edward Lambert, bought of W. Johnson, 24 cwt. of old brass, at 5d., £5 3s. 4d.: Received W. Ress. "
WILLIAM NICHOLSON . I am in the employ of Messrs. Everett, at Lambeth—the prisoner brought some old brass for sale, on the 7th of November—It was put in our back premises, and afterwards given to the policeman Mitchell—this is the bill of it.
MR. THOMAS MALTBY re-examined. The robbery was discovered on the 9th of November—I first heard of it on Tuesday, the 10th—I did not hear of it on the Saturday at all—I made the examination on the Tuesday—It is a part of the premises which we very rarely go to—It might be some days without being discovered, as it is usually kept locked—I know the brass to be our property—two pieces I can decidedly identify—It was either in the closet to warehouse.
STEPHEN SILLIS . I am an engineer in Messrs Malthy's employ. This brass is their property, and was kept in the warehouse, close against the door—I did not put it into the closet myself—I saw it last about six weeks ago.
WILLIAM ISRESTER . I am an officer. I took the prisoner in charge, and had some conversation with him—he told Mitchell, in my presence that he cut the door with a knife, to make room for a shot-mould, to prise the door open with; that he lowered the brass sown into Peachey's yard by a rope, and took it out at the gates.
Prisoner's Defence. When I told Mitchell I broke the door, he said that story would not do for him.
brought the brass—he brought two at one time, on his shoulders, and two at another.
GUILTY . Aged 18.— Transported for Life.
180. NATHANIEL WHEELER was indicted for stealing, on the 23rd of November, 1 pair of scales, value 5s.; and 2lbs. of leather, value 4s.; the goods of William Joshus Tilley, his master; to which he pleaded.
GUILTY .— Confined Three Months.
Fifth Jury, before Mr. Common Sergeant.
EDMUND YALDEN KNOWLES . On the 19th of November, I was walking with a friend, near St. George's Church, Southwark; as I was stepping off the pavemant, I felt a tug at my pocket—I turned, and found my handkerchief was gone—I accused the prisoner of at king it—he was stooping; I had caught sight of the colour of the handkerchief in his hand—he denied it, 1 and drew back—I requested my friend to call an officer—the prisoner then ran off—I followed him; and after a short chase, I came up to him, and just as I was about to take hold of him, he pushed the handkerchief down an iron grating, near the Town Hall—a woman took it up, and gave it to me—this it.
Prisoner. Q. Did you see any person running besides me? A. No; I saw it in your hand.
Prisoner's Defence. I was walking along, and felt the handkerchief thrown against my feet—I picked it up—the prosecutor came, and said I had taken his handkerchief—I denied it, and walked away—he called "Stop thief," and I walked a little further.
GUILTY . Aged 23.— Confined One Year.
Fifth Jury, before Mr. Sergeant Arabian
SAMUEL JAGO . I am a police-constable. On the afternoon of the 14th of november, I saw the prisoner near the prosecutor's shop—I watched and saw her go in with two pincushions, and come out again with only one—I did not see any boots—I then received information from the prosecutor that he had found a pincushiopn in his shop—I had suspicion, and followed the prisoner—I took her, but did not find any boots on her.
Prisoner. Q. Where did you take me? A. In the public-house, about five o'clock.
Wandsworth. I have two pairs of boots which were pawned by the prisoner, in the name of Sarah Jones.
(Property produced and sworn to.)
Prisoner's Defence. I was asked to pledge them by a person who was a stranger.
GUILTY . Aged 27.— Confined Three Months.
Fifth Jury, before Mr. Sergeant Arabian.
MR. DOANE conducted the Prosecution.
The REV. ----MILLER. I am curate of St. Mary lambeth. I produce the register of marriages of that parish—(reads) "on the 22nd of February 1811, Thomas Dean, butchelor, of that parish, and Esther Chap-Battel. (Signed) Thomas Dean, the mark of Esther Chapman, in the presence of Sarah Bayfield, and Robert----"
Cross-examined by MR. CHAMBERS. Q. It was in 1811 your sister married Dean? A. Yes; I saw them sometime after the marriage—I do not recollect when any dispute took place between them, not when he was called on to make her any allowance—I think I have not seen Dean for four or six years before last week, when I met him in the Borough by accident—I really cannot tell how long he has been separated from my sister—I make her any allowance soon after he was ordered to do so—I do not not know that he got out of the way to avoid paying her any money—I do not know where he went, he separated from her, nor what kind of life my sister followed, nor how many years Dean said he had not seen her, when he was at the Magistrate's.
WILLIAM FOSTER . I live in Field's-place, Lock's-fields, Newington and am in the tin line. I became acquainted with the prisoner in 1828—she went by the name of Lake, and said she supported herself by needle-work, and was a widow—It was the latter end of the year I became acquainted with her, and I married her two or three months afterwards.
COURT. Q. Did she court you, or you her? A. She was most anxious for the marriage, and put up the banns unknown to me.
MR. DOANE. Q. At that time you firmly believed her story, and that her name was Lake? A. Yes; we were married at St. Mary's Whitechapel, on the 29th September—I lived with her nearly seven years, and then her bad conduct forced me to do what I am now doping—I made some inquiries, and found she had been married to a person named dean—I looked into the Directory, and went to White-street, Bethanal-green, where I found dean.
Cross-examined Q. How old were you whern married? A. Rather better than eighteen—my father and mother were living—they did not give their consent to the marriage—my mother was very much against it—I was living at home with my parents when I marriedm, and was a tin-man—after I married, I left home unknown to my parents—I worked for my mother as a journeyman for some time, till I recovered myself—I
earned 1l., or 25s. a week more or less—the prisoner did not keep me—I have now a good shop by my own industry—she did not take the house, and put me in a supply of furniture—she had no furniture—she was living in a back room at 2s. a week—she said she made frocks for children—I never saw her do any thing but the household work—we first quarrelled through her conduct—It was not in consequence of my taking a fancy to a young woman—I am not paying my addresses to a young woman—the prisoner was always jealous of me, if any one came to the shop she would insult them—one evening she was intoxicated, and cut mu lip—I do not know whether I broke her ribs—I paid 5s. for the doctor coming, because ill—she said her ribs were broken—I had struck her in the side, and then she made a complaint against me at the office—It was after that I looked after Mr. Dean—she did not tell me she had been married to Dean, and bad not seen him for eighteen years—she told me she had the certificates in the name of Lake, and I saw the name of Dean on it.
MR. DOANE. Q. What was the conduct of the prisoner? A. She used to go out in the day, and come home at night intoxicated, and ill-use me—I was obliged to go to Union Hall to get a warrant—I exhibited articles of peace against at her.
Prisoner's Defence. I brought the property entirely to him—he was living with his mother, and pressed me to become his wife—I said I could not, I did not know whether my first husband was alive—he presented me a great many times, and I thought I might do better, and married him—he has since paid his addresses to a young woman, as a single man—I have not seen my husband for sixteen or seventeen years—I understand he has a family of six or seven children—he allowed me a maintenance for fifteen or sixteen months—I have never seen him since we separated at Union-hall.
GUILTY . Aged 44.—Recommended to mercy by the Jury and Prosecutor Confined Three Months.
Fourth Jury, before Mr. Common Serjeant.
MR. CLARKSON conducted the Prosecution
MR. ALLEN DAVIS . I am a house-agent, and live in Bridge-street, Blackfairs. In September last, I was employed to let the house, No. 4, Brixton-rise—about the 10th of September the defendant came to me—we entered into a treaty upon the terms—I told her she was incompetent to sign an agreement unless she was a widow—she positively assured me she was so—I asked her then for the references—she told me she was desirous of coming to Brixton to superintend the educatin of her sons—I was desirous of her taking the fixtures by valuation, which she declined doing—I wanted to let the house upon a lease, but upon her stating she would repair it, 1 and understanding from her that she was a person of propertuy I considered that she would he an eligible tenant—she said she was removing from the New Forest, Hampshire, and was living upon her property there—she said she was removing for the sake of her sons education—I thereupon asked for her references, and she gave me Mr. Kinner, No. 1, St. George's-terrace, St. George's-road, Borough—Mr. Milton, No. 2, Borough-road, whom she stated to be the son of her former landlord, and Mr. Hunt, no. 1, London-street, fenchurch-street—I had an appointment
to meet her in St. George's-terrace, on the evening of the same day, at Mr. Kinner's—I went in the evening, but I did not see the prisoner's at kinner that evening—I made another application there the next day, and saw Mrs. Wilkes—I asked to see Mr. Kinner—she went back, and a man came forward—I asked if his name was Kinner—he said, "Yes"—I said I came to ask for references respecting Mrs. Wilkes, that I was about to let her a house, but was desirous of knowing if she was a person woman, he had known her for years—she was independant—her cheif safely trust her with the house—that she had lived before in Hampshire—I found Mrs. Wilkes at Kinner's—Kinner said nothing about that—I had two or three appointmants to meet her there—she went into the back at an inn—I afterwards went to the premises of Hunt, in London-street Fenchurch-street, that appeared to be a house let out in offices—I observed the name of Hunt painted in a similar way—I went in, and saw Mr. Hunt Mrs. Wilkes—he said he could not speak from his own knowledge as regarded her means, but that he had known her for many years, and that she was respectable, and if he had such a house he would be glad to accept her as a tenant—that was all that passed—I had previously entered into an agreement with Mrs. Wilkes, subject to my approval of the references—I had not parted with it—this is the agreement—It is not stamped—she had signed the agreement in the first instance, and my object in making inquiry was to let her the house—I should not have let it her but for the answers I received to the references—my clerk sent her the key.
Cross-examined by MR. PHILLIPS. Q. You have been very ofton before the Magistrate at Union Hall, on this case? A. Only twice—I stated that Mr. Kinner told me that she was independant, and her children—that for coming to town was to superintend the education of her children—that was taken down, and I read it myself—I went to Mr. Milton, after I went to Kinner's, and before I went to Hunt's I saw him—his representations was an additional indueement for me to let het the house, as being the son seemed as if the rules of the Bench—I do not know that I would have let the house on his testimony alone, unless it had been highly conclusive and respectable—she said it was requisite she should have an immediate answer, that she might remove her furniture from Hampshire, and she must write down—she never told me how long she had been from Hampshire.
HARRIET WADSWORTH . I am married—my husband lives at Portsmouth I knew the woman at the bar thirteen years—about September last, I was in bad circumstances—I told her so—that was in the Borought-market—she lived in Monmouth-place, Surrey-grove—she desired me to call there—she went by the name of Jerkins, but I had known her go by the name do Wilkes—I know a person of the name of Gardiner—the prisoner went by that name—I have heard hee say so—I do not know a person of the name of Grove or Jarmanm—she told me she had being living in Monmouth-place from Midsummer—she desired me to call—I went there, and met a woman of the name of Smith, but no one else—the prisoner asked what I was dpoing—I told her—she said she had two or three houses in view, that Mrs. Smith was going into the country, and would I come and
live with her—I said yes, I would—she said she should not want me more than a month or six weeks, till Mrs. Smith came back—I called at Monmouth-place, and she was then treating with Mr. Allen Davis, about the house at Brixton—she told me so—she said if I would go down and stop there, she would give me the same as she gave her last servant—I agreed to go, and got the key—she desired me to come to St. George's-road for the keys—that was Mr. Kinner's—I went and got them—the prisoner gave me them—I and my children accordingly went—my son of eihgteen removed me to the house—Kinner was not there—he had been arrested—the house was not furnished—on the following Monday, Mrs. Wilkes came to me there-we had taken a mast tress, some cooking utensils, and some bread and chesse, and stopped there—there was no other furniture there—Mrs. Wilkins came on Monday, but brought no furniture—a few days after I had been there, some new oil-cloth was laid down in the passages, of the front and side doors, so that upon opening the door, it would appear as if some one lived there—from that time till the officer came, there was no furniture whatever brought—Mrs. Wilkes came every day except the first two or three days, and those days she was ill—she slept there three nights on the mattress with me, and my little boy each night after the other—that was the second week we were there—I know the house in Surrey-grove—she continued that on—we dined on the ironing-board—Mrs. Wilkes went out to order things—(I never went with her,) and then the things came—such things as joints of meat, candles, a bonnet, and stays—they all used to be taken away by Mrs. Wilkes, and Mr. Hunt in the evening—they took them to Monmouth-place—six weeks elapsed between taking the house, and the officers coming—I understood Mr. Hunt, that Mrs. Wilks used to give him meat, and tea, and sugar, soap and candles—I remember Hunt coming with a pony-chaise—I expected it, as a gentleman coming that he had taken it from an advertisement—he said, he had represented himself as Mrs. Wilkes' brother—no one else was present but the prisoner and I when the horse and chaise came, but Huat was waiting—I did not hear what passed between Wilkes went out in it the same afternoon, and some soap and candles came in—I know Purcell and Nichols from whom they came—Wilkes went to Mon mouth-place with Hunt, and my son brought the horse and chaise back, and cleaned it, and put it in the stable—there was a stable—I have seen then take away other things that came—I have seen with come—the first was from Mr. Splading at Camberwell—that went in the evening to Monmouth-place—a black velvet bonnet also came—Wilkes was there, and took it away at night, and some stays came,—Wilkes was there, and took it away for money till the last—nor any one to inquire for Mrs. Wilkes—she said she should want me for six weeks, and the furniture should come from Monmouth-place—I remember that evening the officers came; we were going away the same evening that Mr. Purcell came with the soap and candles—that was the second lot—he asked for my mistress, and I denied her, by her orders—she was in the kitchen at the time—It was not her habit to live in the coal-hole—there was meat, and butter, and bacon, and a variety of other articles on the premises that we were going to take away that night—I did not know that Wilkes had taken a house in Kennington in my name, I had given her no authority—Hunt came every day—he never would tell any one whether he had a house to live in—one evening I saw him at the
house in Moumouth-place, before I went to Brixton—after the house was taken, I heard a conversation between Wilkes and Hunt—a gentleman named Milton was there—In the course of conversation, Hunt said, he never was questioned by any one as he had been by Mr. Milton said, "He was the same, particular with me, "Ann laughed, ands said auctionerrs were to be done—I don't remember any thing about a toss up—Kinner and Wilks were acquainted—Mrs. kinner has been there—when the officer came Mrs. Wilkes came at length out of the coal celler—I was taken into custody at the time, and made a statement to the Magistrate—I was taken to the house in Monmouth-place with then officer—after I was in custody the bonnet was found there.
Cross-examined by MR. PHILLIPS. Q. Has any of your children been taken up foe stealing Mrs. Wilkes goods since you have been in prison? A. No; not that I am aware of—I should have heard of it—I was depending omn mt brother before I went to Mrs. Wilkes—his name in Cooper, he is a melter, and lives at Bromley—my son is not here—I have not heard of him since—he was at the house at the time I was taken as a prisoner, which was about a fortnight before I made any statement—I did not expect to be indicted myself—certainly not—I will swear that—I was only in her employ—there was eveidence given against both of us—I did make as attempt upon my life, and what was the cause of it?—I cannot tell whether I expected to be indicted or not—my husband had been transported.
MR. CLARKSON. Q. My friend has asked you whether you made an attempt on your life, and your answer was what was the cause of it? "What was the cause of it? A. Why, Mrs. Wilks telling me in Horsemonger-lane that Wadsworth had lived with her for years, unknown to me and my children. "
JOHN HAYNES (police-constable P 129.) I went to No. 4, Brixtonrise, on the 29th of October, and assisted in apprehending the prisoner—I cannot say where she came from—others had been at the house before—It was not furnished—I went afterwards to the house, No. 21, Monmouth-place, Surrey-grove—I found a summons in the cupboard in the name of Jenkins—I found this bonnett there, k which was identified by Mr. Radford—It had been worn about once—I found some papers, and one bottle of wine, which had the mark of "charles Splading, port" in red sealing-wax over the cork—I received these keys from a girl, who I believe was Wadsworth's daughter—I went to make inquiries for Hunt, in London-street, Fenchurch-street—his name is on the door there, but he was gone, and no one know where—I went to a house in Kennington-street, which had been taken in the name of Wadsworth, where I found another bottle of wine with black wax, and the name of "Mendham" on it, as well as we could make it out—there were some soap and candles, and various little things in the same box.
GEORGE RADFORD . I am a haberdasher, and live in Blackman-street in the Borough. On the 24th of October, the prisoner came to my shop and ordered a black silk velvet bonnet—I heard her tell my wife it was to be sent four doors from Acre-lane Brixton—she ordered it from one, the velvet of which was not so good as she wished, and she ordered a better one—It was made, and sent by George Mills, my lad—I told him to bring back the bonnet or the money—he bought neither—I afterwards went with the officer to Monmouth-place, and I saw him find the bonnet.
rang the bell—Wadsworth came, and Mrs. Wilkes followed after her inot the passage—Wadsworth took the bonnet-box of me—Mrs. Wilkes took it of her, opened it, and took out the bonnet—she said it would do very well, and asked if I had the bill—I produced the bill which was receipted—she said she would call to-morrow pay—I said, "My master told me not to leave it without the money"—she gave me an old bonnet to be repaired for her little girl, and again said she would call and pay to-morrow—I was induced to leave the bonnet from what she said, and from the respectability of the house.
NICHOLAS PURCELL . I am in the employ of my father and uncle; they are tallow-chanders, and live at Brixton. On the 14th of October, the prisoner came to our shop—she gave an order for candles, soap, and starch, to the amount of 1l. 6s.—she came in a pony-chaise—a gentleman drove her—I asked where the things were to be sent—she asked me if I knew Mr. M'Kenzie's house, the doctor's at the corner of Acre-lane—I said, "Yes"—she said they were to be sent there; and I sent them the following day—on the 28th, she came again, and ordered a dozen of moulds to be sent—I said, "I beg your pardon, I don't know you"—she said. "Mrs. Wilkes, at M'Kenzie's house; and the two shall be paid for on delivery"—I thought it prudent to go myself with that order—I went towards the front door of the house, and Wadsworth came to the said door—I told her I had brought some candles, for Mrs. Wilkes—she said she was not at home—I said, "I am sory for that, but I think she is at home"—she said she would not be at home for three hours—she said, "I will take your candles, and baying you the amount in the morning; it is not worth while for you to wait"—I said, "I think it is worth while; I will wait"—she took the basket of candles, and was going down the ares steps—I followed after her, just as she was closing the door, and got in; and would not leave house without the money—this little denouement brought some persons there—Mr. Burton came for one—I remained in the house from half-past three till six o'clock; but I got no money—the hole, with her bonnet in her hand, her muff, and boa, and very elegantly dressed, ready, as I expect, to leave the house—she appeared very jolly, and said we were not like her tradesman had formerly been; and we were all to have actions brought against us—she got out of the area door, ran down the garden to the pales, and was getting over—I think it was the grocer pulled her back—there were eight or nine persons came with goods that afternoon.
ROBERT THOMAS BURTON . I am in the service of Mr. Mendham, a wine-merchant.—I took a dozen of port, and a dozen of sherry, you the house at Bixton on the 24th of October,—I saw the priosner there; and Wadsworth, and her son—I happened to be at the home again when Mr. Purcell was making a disturbance—I was outside, to see if I could get my money for the wine, or the wine back, but there was not so much as an empty bottle there—I pulled the coal-hole door open, with the butcher, and saw the prisoner, with the muff and boa.
----NEWMAN. I am a butcher. The prisoner dealt at my house—my bill amounted to 4l. 14s.—I sent to her house for the money—she called, and told me it was not convenient for her to pay then, as she had not received her last quarter's rents, as her property lay in Hampshire, and what made her short of money then, was that she had paid 40l. for the fixtures of the house—I told her I never served any one beyond 5l. without
a reference—she said she could give reference to her banker's, but it was not worth while, and if I would serve her the week through, she would pay me, but I would not send any more.
JANE HARRIS . I am in the service of Mrs. Beck, of Clapham. She makes stays—on the 17th of October the prisoner came and asked to look at some which were in the window—I showed them to her—they did not fit her, and she wished to have a pair made—she desired to have plaited holes—I said I would put them—she said that was a man's business—I said, "Yes"—she desired to have a pair of the best materials and the best work—I asked her her name—she said "Wilks," and she lived for doors from Acre-lane, Brixton—I took them there on the Thursday following—I knocked at the fornt door repeatedly—Wadsworth at last came to the side door, and took the stays in—I asked for Mrs. Wilks—she said she was not at home—on the Saturday following Wadsworth came to our house, and gave another order—I was going home with that, and found the prisoner was in custody.
JOSEPH HINTON . I live in Pickett-street, Strand, and am a boot-maker. I had a pony and chaise to sell—I advertised it, and on the 14th of October a person came to me for the purpose of trying it—he said it was for his sister Mrs. Wilks, who lived four doors from Acre-lane, Brixton—I showed him the poney and chaise, and he agreed to purchase them—I went with them the same day to the house at Brixton—I saw Wilkes—she said she was very ill; that she was just going to take some beef-tea, and she could not try it then; but if I would call to-morrow morning she would settle with me—In consequence of that I left the poney and chaise—I called again the following morning—I saw Mrs. Wilkes again—she had just been out—she told me she thought her brother had agreed to give too much money for the chaise—I said that was the agreement between me and her brother, and she must be bound by it—she then said would I take a bill for it—I said no, a bill was of no use to me, I wanted my money—she said she was without immediate cash, as she had had no remittances from some property she had in Hampshie; and she had paid the landlord (I think it was 30l. or 40l.) for fixtures—I was induced to leave the poney and chaise with her; but it has been sent back to me.
Cross-examined. Q. How soon was it sent back to you? A. On the third day, I believe it was—she might have sold it.
ELIZABETH MERCY FOREMAN . I am a widow, and have a house in Kennington-street, Walwotrth—In October last, it was vacant; and on the 26th of October, the prisoner came to me, and agreed to take it—she signed this paper, in my presence, in the name of Jane Wadsworth—she said that was her name; and she took possession of it—I have received the keys of it back, since she had been in custody.
PAUL NINNIS . I am landlord of a house, No. 1 St. George's-terrace. I know Kinner—In June last I let him that house—I have seen him a the house, several times—he represented himself to me, as a retired brewer from Lincolnshire—he said he should like to speculate in mines, and he had money which he should like to investin various ways; and was very rich—they was in July or August—It afterwards occurred to me, that I Knew of something that might be of advantage—I called on him; and he said he had lent a great deal of money to some party, on land—that
might be about August, I think it was about 75000l., and he should not have any more till he received his rents, or dividends, or something, in September—his quarter's rent was due in September; but I never received the rent—I have called several times in the Fleet, and seen him—they called on me a day on two before the quarter, and said they were about to leave—they delivered to me the keys a day or two afterwards—Mr. Hunt afterwards called to take the house—I refused to let him have it—he said he had a furnished house at Streatham, and was in the habit of dioscounting hills, and such things—he gave me his solicitor's card, "Tucker and Wheatley" I think it was, and he wrote his address on it.
ROBERT LOOSE . I was in the service of Mrs. Beacham, a tallow-chandler—the prisoner came to our shop and ordered soap and candles, to the amount of 1l. 9s—I asked her name—the said, "Kinner," and the goods were to be paid for on delivery, and to be sent to No. 1, St. George's-terrace—some other goods were ordered and delivered.
JOHN CEELY . I am in the service of Mr. Brook's. a tallow-chandler. On the 23rd of September, I carried some soap and candles to a house in St. George's-terrace—and saw the defendant—she came out of the parlour into a passage, called me in, and told me to take the goods out of the basket, and put them on the sideboard—she asked me for the bill—she said she had forgotten some starch and blue, and said she would pay me on my return—I went back and got it, and took it—then she was not at home—I called two or three times, but could not find her—on the evening following I saw her, and she said she would call and pay my-master on the Saturday—I went again on the Monday, and she was gone away.
GUILTY . Aged 38.— Confined Two Years.
ADJOURNED TO THE 14TH OF DECEMBER, 1835.