CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand.
SESSION VII. TO SESSION XII.
CENTRAL CRIMINAL COURT
SEVENTH SESSION, HELD MAY 9, 1836.
MINUTES OF EVIDENCE,
Taken in Short-hand.
BY HENRY BUCKLER.
On the King's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Before the Right Honourable WILLIAM TAYLOR COPELAND , LORD MAYOR of the City of London; Sir James Allan Park, Knt., one of the Justices of His Majesty's Court of Common Pleas; Sir Joseph Littledale, Knt., one of the Justices of His Majesty's Court of King's Bench; Sir J. T. Coleridge, Knt., one of the Justices of His Majesty's Court of King's Bench; Sir Claudius Stephen Hunter, Bart,; John Atkins Esq.; Anthony Brown, Esq.; Sir Peter Laurie, Knt., and Henry Winchester, Esq.; Aldermen of the said City of London; the Honourable Charles Ewan Law, recorder of the said City; Thomas Kelly, Esq.; Samuel Wilson, Esq,; Sir Chapman Marshall, Knt.,; Thomas Johnson, Esq.; John Pirie, Esq.; and James White, Esq.; Aldermen of the said City of London; John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; His Majesty's Justices of Oyer and terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
COPELAND, MAYOR, SEVENTH 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. Justice Park.
1133. THOMAS FRY, DENNIS REARDEN and BENJAMIN CASTLE , were indicted for burglariously breaking and entering the dwelling-house of James Langham McLin, about the hour of nine in the night of the 9th of April, at St. Olave, Southwark, with intent to steal, and stealing therein 1 shawl, value 7s.; 1 pair of boots, value 5s.; 1 cross, value 1s.; 2 gowns, value 20s.; 1 coat, value 1l.; 1 pair of trowsers, value 14s.; 1 waistcoat, value 6s.; 1 cloak, value 10s.; 3 shirts, value 10s.; 1 handkerchief, value 3s.; 2 flannel shirts, value 1s.; 1 pistol, value 5s.; 1 watch, value 2l.; 1 watch-chain, value 10s.; 1 seal, value 6s.; 1 split ring, value 4s.; 1 watch-key, value 6s.; 1 printed book, value 1s.; 1 box, value 6d.; 1 £5 Bank-note, the and property of the said James Langham M'Lin; and MARY TOWNSHED and RACHAEL FINNAGIN were indicted for feloniously receiving the said goods and note, well knowing them to have been stolen.
JAMES LANGHAM M'LIN . I am a labourer, and live at No. 7, Charlotte-street, Tooley-street, Borough, in the parish of St. Olave. I am the house-keeper—I let out the top garret, and middle room, and occupy the lower part myself—I and my wife went out on Saturday evening, the 9th of April, between eight and nine o'clock—it was then dark—I believe the people who occupy the upper part of the house were at home—I left nobody in our apartment—my wife locked the door as she came out and took the key with her—when I came out of the house I observed Rearden and Fry near the house—Fry was within six or seven yards of the house—he is my wife's brother—I had employed him to work for me for five or six months, and he then lodged in my house—I discharged him about three months age—he knew my house very well—I am quite certain I saw him near my house that night when I went out, and I saw Rearden with him, and a third person, but I am not certain who that was—Rearden was about thirty-six feet from Fry—he was two arches off the Greenwich rail-road from him—the third person was further away—Rearden stood westward of Fry, and the other man was still more westward—he was double the distance—I returned home about ten o'clock with my wife—I found the padlock of the door had the staple drawn, the lock and staple were taken away, and the door left half open—I missed a box containing a suit of clothes, a blue cloth coat, a pair of new cloth trowsers, a waistcoat, a cloth cloak belonging to my wife, two merino gowns belonging to my wife, a silk shawl, two silk
handkerchiefs, a pair of my wife's boots, two linen shirts, two flannel shirts, a small trunk, a five-pound Bank of England note, a cross, (I am a Roman Catholic,) a silver chain, a gold seal, a gold key and gold ring, aan a Catholic prayer-book—there was a horse-pistol taken from the chimney-piece, a pair of drawers, and a brush—I have seen some of my things since at Kensington station-house on Monday, the 11th of April—I went on the Sunday with the policeman at five o'clock in the morning to kensington station-house—George North, Hancock, and another, went with me from Hammersmith station-house—I went to Payne's-buildings with them; that is in a brickfield—I went before the prisoner Mary Townshend's door there—it was shut—she was in the second-floor room—there are rails in front of the house—she saw me, opened the window and asked me what I wanted—I asked her if there was a man named Bengamin Castle there—she said, he was there, but he was gone home—I asked if Thomas Fry was there—she told me he had been there, but he was gone home to his father's to dinner—it was then twenty minutes after two o'clock in the day—I knew where his father lived—we at last got into the house, and the first man we met was Fry, at the foot of the stairs, coming down the stairs—I forced him up-stairs again into Townshend's room—I there saw Townshend and her daughter, who is the other female prisoner—she passes as her daughter, and Rearden and Castle were there—the policeman searched the place in the prisoners' presence, but nothing was found—he took Rearden and Fry into custody, and left Castle in the house with the women—I went home.
Cross-examined by MR. PHILLIPS. Q. How many lodgers had you? A. One man and his wife and a woman and her daughter—they were living in my house at the time of the robbery, but I cannot say whether they were at home or not—I can read but not write.
CATHERINE M'LIN . I am the prosecutor's wife—I remember going out with him on Saturday night, 9th of April—I locked the door and kept the key in my hand—when I came out I saw two persons near the house—I don't know who they were—I thought I did know them, but I cannot be sure whether I did or not—I was on one side of the arches and they on the other—I was not close to my husband when I saw them—the person went away—he had his back to me—I only saw two—I only thought I knew them—I said before the Magistrate that it was Rearden—I believe it was him—I knew him before.
RICHARD HANCOCK . I am a police serjeant. I went with the prosecutor to the prisoner Townshend's house a little after two o'clock on Sunday the 10th—he asked her at the window for Castle—she said, "He had been gone home these ten minutes"—I said, "Come down and I will speak to you," and when we got in Fry came down—I went up stairs and found all the four prisoners there—I took Fry and Rearden into custody as the prosecutor only pointed them out—I searched Castle but found nothing on any of them—in the evening I went with North and Norton, and took the two women into custody, and found some of the property in the room, under the room I had seen them in before—I found this book there.
GEORGE NORTH . I am a policeman—I went about five o'clock in the afternoon of the same day to apprehend the women, at that time Fry and Rearden were in custody—I went to Mrs. Townshend's house and found Castle there and took him into custody—I returned to the same house, and when I got there Martin and Hancock were there—I found the lower room was locked and asked Mrs. Townshend where the key was—she
took it off the mantel shelf in the up-stairs room and gave it to me—she went down with me—after unlocking the door I found a bill book in the room, and having had information I raised the hearth stone with the bill hook, and found under it one flannel shirt—I put my hand in again, and said in Townshend's hearing to Martin, "Oh Lord, here is the swag." I pulled out another flannel shirt tied at both ends like a bag, and in that was one coat, one waistcoat, trowsers, two merino gowns, a cloak, three linen shirts, a silk handkerchief, a cross, a pair of boots, a shawl, and a £5 Bank-note.
RICHARD MARTIN . I was with North when he took up the hearth-stone—I saw him take out the things he has mentioned—I went back a second time to Townshend's house about half-past seven or a quarter to eight o'clock, she was then in the station-house—I found a horse-pistol under the flooring of the same room where the hearth-stone had been taken up.
ALBERT KIPPEN . I live in Payne's-buildings, opposite where Townshend lived—our two privies join—on Sunday, the 10th of April, between three and four o'clock in the afternoon, I went to my privy—I knew somebody had been apprehended that day—when I was there I heard voices in the adjoining privy, but I cannot tell whose voices they were—I never spoke to Mrs. Townshend in my life—I did not see any person go into the privy.
ELISABETH TOWNSHEND . I am the prisoner's daughter, and am going on for thirteen years of age. I was sleeping at my mother's house on the Saturday night before this transaction happened—I go out to service, and am generally away from my mother—I got up about half-past six o'clock on Sunday morning, and went down stairs—I looked into a room and saw Rearden and Fry—I know Castle, he lives with Finnagin—I did not see him in the room with Rearden and Fry—they were only sitting down by the fire, doing nothing—I remember going to the privy about two o'clock—my mother and sister, Rachael Finnagin, were there—I asked my mother what she was going to throw down the water-closet, and she said "Nothing"—I was going out again, and she said, "For God's sake, don't tell carry, for we shall all be transported"—Carry is a young woman who came up to our house—my mother said the things were hid under the hearth—I do not know Hermitage.
Prisoner Townshend. She knowns it is very false—that I never said any thing of the kind.
ALBERT KIPPEN re-examined. It was between three and four o'clcok that I went to the privy—it was just after the two men were taken up—I heard two female voices, and before they went away I heard a third voice—when they first came in, one said to the other, "Where are the things?"—the answer was, "They are safe in the ground, under the hearth"—the third voice said, "Mother, I know what you came here for; you came to thrown some things down the privy"—the answer was, "No, I did not: I came to know where the things were"—she said, "They are safe under the hearth, and for God's sake don't let Carry know, or we shall be all transported; and if Ben comes home, we will pack up all our sticks and go to Greenwich to-night."
JOHN WATERS . On Sunday morning, about five o'clock, after the robbery, I was looking about the prosecutor's premises, and under one of the arches of the rail-road I discovered a red box—it was a few inches from the prosecutor's house—hearing that he had lost such a thing, I took
it to him—it appeared to have been wrenched open—I examined the door of the prosecutor's house, and perceived some marks on it—I took the dimensions of the marks—I was afterwards shown some chisels by North—I compared them with the marks on the door, and the largest one corresponded with marks.
GEORGE NORTH re-examined. I have not the two chisels—I gave them to the witness—I found them at Mrs. Fry's (the prisoner's mother's) house, in Earl's-court—he was in custody at the time I found them—they are not an uncommon size.
WILLIAM HERMITAGE . I work for market gardeners, and live in Earl-street, Kensington. I know all the male prisoners—Fry and Rearden live near me at Earl's-court—I don't know where Castle lives—on Saturday afternoon, about four o'clock, before I heard of the robbery, Fry, Rearden, and Castle, came up to me against the star and Garter, in Kensington—they asked me if I would take a walk with them as far as London-bridge—I told them I would if they would not be too late home at night—I went with them to London-bridge—when I got there they told me to stop there till they came back—I don't know where they went—we got to London-bridge about six o'clock, or a little after—I stopped there two hours, or better—they did not come back—I would not wait longer, and was returning home—when I got to St. Paul's, which was between eight and nine o'clock—I saw Rearden and Castle—they overtook me, and asked me where Tom was (meaning Fry)—I said I did not know—one of them went on one side of the street and the other on the other—I walked with Rearden, who had a small bundle under his arm—he had not got that bundle when he went from Kensington to the bridge—Castle had also a bundle—neither of them had those bundles when I walked with them to London-bridge—they were tied in coloured handkerchiefs—Rearden said to Castle, "You keep what you have, Ben, and I will keep what I have got"—Castle, crossed over to us—I went with them to the top of Sloane-street—I was then with Rearden—castle was on the other side—Rearden asked me if I was going that way, towards Brompton—I said, "No"—Castle went towards Brompton with him—Castle had asked me if I would take the bundle and carry it—I asked him what it was—he said he did not know, and I said I would not carry it—I went up Kensington-road, and turned up Church-street, into Uxbridge-road—I slept in a shed in a brick-field that night, and next morning I came down towards Hammersmith, about nine o'clock, and saw Fry and Rearden standing against the lamp-post, by Hammersmith-gate—they had each a bundle under their arms—Rearden's bundle was in a coloured handkerchief—Fry's was in a red silk handkerchief with a coloured border to it—Fry asked me where I went to last night—I told him—he told me he took an omnibus to come home first to let the others in—he told me that Castle went and broke M'Lin's house open, and Castle brought the box out under the archway, and broke it open, and he said there was a paper in the box, with red reading on it, which they burnt—he did not say what he had done with the other things—I afterwards saw Castle and his wife just down against the turning leading to their own house—the same morning—castle asked me where I went to last night—I said as they did not went me, I went and slept down in Langston's sand-house—Castle had on a blue cloth coat at that time, with brass buttons—he had a velveteen coat on the night before—the blue coat seemed too big for him—Fry had said on the Friday, that he should like to see somebody rob M'Lin—I am sure I did not go beyond the bridge with them that day.
Cross-examined by MR. PHILLIPS. Q. Did you never say you went beyond the bridge with them? A. No; I have been some years working for mark of-gardeners—I have been to a Sunday-school—I have not been in employ lately—I have been out of work all the winter, at times—I could not get employment, as the ground was frozen—I have always been in employ, except last winter, only when I could not work—I live at my father's—I was here once before—about ten months ago—not as a witness—I went to the Sunday-school five years ago—I am between seventeen and eighteen years old.
COURT. Q. Did you Come here in charge? A. Yes.
MR. PHILLIPS. Q. How long were you here? A. Three weeks; I was three months at Coldbath-fields, after that—that is nearly ten months ago, as near as I can reckon—it was for some wax—I worked with a man, and he employed me to sell it—I was taken up once before, on suspicion of going into a brewer's yard, and taking something out of a room—that was twelve months, and better, before I went to Coldbath-fields—I went to Coldbath-fields then, and was there three months—I was never out of employment without I was forced to leave it—I was as innocent as a child unborn when I was taken up—I was never taken up at any other time—either before or since—not before this time—I have been living with my father and mother, when I was last at home—I was kept at Clerkenwell to give evidence here—I was not taken up—I went and gave myself up, and they kept me—because they accused my brother of taking the things, I went up to clear him.
JAMES LANGHAM M, LIN re-examined. This is my pistol-case, and waist-coat, and coat—I had it cleaned, and here is the mark which was put on then—all the things produced are mine—I cannot swear to the £5 note—I believe it is mine—there was a cheque in the red box, of 80l. Bank of England stock—it was partly red—it had the name of "Mr. Smith, Bank Chambers," on it—there was a cross in the box, which is here—a gentleman in Leicester-square, gave it to my wife—I know this handkerchief and shirts—this shawl and the gowns are my wife's, and the clothes and mine—my house is six or seven miles from Townshend's.
Fry's Defence. I know no more about it than the child unborn. Rearden's Defence. I know nothing at all about it. Townshend's Defence. I do not know how the property came there; and who put it there I do not know—I was out all the week.
Finnagin's Defence. I do not know how they came there, nor who put them there.
(John Moody, a bricklayer, or Kensal-green, Harrow-road, gave the prisoner Rearden a good character.)
FRY— GUILTY— DEATH . Aged 20.
REARDEN— GUILTY— DEATH . Aged 18.
CASTLE— GUILTY.— DEATH . Aged 19.
TOWNSHEND— GUILTY . Aged 59. Transported for Fourteen Years.
FINNAGIN— GUILTY . Aged 20.
Second Jury before Mr. Justice Coleridge.
1134. DAVID MARTIN, AARON MOSES, JOSEPH AARON , and SOLOMON HYAMS , were indicted for burglariously breaking and entering the dwelling-house of Jane Hart, about the hour of eleven in he night of the 18th of March, at St. Botolph's Without, Aldgate, with intent to steal, and stealing therein, 1 bonnet, value 2s.; 170 yards of printed cotton, value 4l.; 34 yards of merino, value 17s.; 2 pairs of drawers, value 1s.; 2 handkerchiefs, value 1s.; 1 shawl, value 5s.; and 3 yards of linen cloth, value 2s., the goods of the said Jane Hart.
JANE HART . I am a widow, and live at 33, Gravel-lane, Houndsditch. On Monday, the 18th of April, I left home about half-past ten o'clock in the evening—I left nobody in the lower part of the house—the doors were locked, the windows down, and the shutters closed, but not fastened—I went to a neighbour's, two or three doors from my house; and about half-past eleven o'clock, Michael Phillips called me from my neighbour's, and brought my bonnet in his hand—I went back with him, and found my shutters open, and the window up—I put my hand in at the window, and missed the property from the table; it had laid there exposed for sale—the table was close to the window—I missed prints and thirty-four yards of merino a shawl, two handkerchiefs, two pairs of drawers, and different articles—I went to Aldgate watch-house—Three-tun-alley, is not far from my house—I went and listened at the door of a house there—I have known Hyams by the name of Mitchell from his youth—I heard nobody's voice that I knew when I listened—I heard a person say, "There are gown pieces;" and I immediately left, and went to Mr. Phillip's for assistance, and he ran to the police—the door of the house I listened at was open—I do not know how many voices there were—I afterwards saw Hyams come out of the house and go on—I do not know whether he saw me—he walked a-pace—I called to Phillips for assistance, and said, "There goes Mitchell!" which is the name I knew him by.
Cross-examined by MR. PAYNE Q. How long before you went to your neighbour, had you seen your things? A. The moment before I left my house—I had seen them all lying on the table, one over the other—the window has a sash which lifts up—there is a hasp to fasten the sashes—I do not know whether it was fastened when I left the house—I cannot swear that it was—the window was up—the hasp was not broken—it fastens inside.
Cross-examined by MR. MAGUIRE. Q. What sort of a night was it; was it dark? A. Yes; there was nobody else in the court besides myself—it is a very long court, but this was the first house in the court—Cohen directed me there, to go and find my property—he did not go with me—he was on the opposite side of Petticoat-lane—Three-tun-alley is in Petticoat-lane—Cohen could see anybody come out of the court if he was standing there at the time, but that I do not know.
MICHAEL PHILLIPS . I live about three houses from the prosecutrix—I came home about a quarter after eleven o'clock, on the night of the 18th and found a bonnet in the street—I took it in doors to my wife, and showed it to her—she knew it, and I went out of doors towards Mrs. Hart's door, and found her shutters wide open, and the window thrown up; I gave an alarm, and Mrs. Hart heard me two or three doors off, where she was—I showed her the bonnet, she said it was hers—I went to her house, and then went with her to the watch-house—I went to Three-tun-alley, and stood on the opposite side—Mrs. Hart went up the alley—she came back to me and said something; I then went and got Lloyd, the watchman, and went with him and a policeman named Cotton, into the house in Three-tunalley; we found the prisoners Martin and Aaron there, and a girl sitting there—I saw Moses on the second flight of stairs—I did not know either of them before—the watchman policeman secured them—I found
Martin and Aaron in the room down stairs—we found a quantity of articles in that room which are here—I showed them to Mrs. Hart afterwards—the house is inhabited by different families—we were directed to to go to the alley—I cannot exactly say who told us to go to that particular house.
Cross-examined by MR. PAYNE. Q. How near is the alley to Mrs. Hart's house? A. Not very far from it—we got to the house about half-past twelve o'clock.
Cross-examined by MR. DOANE. Q. It is a lodging-house where many families reside? A. Yes—I went first to the watch-house, and then came back to the house.
Aaron. Q. Was not I in the passage when the policeman took me? A. No—they both in the room.
Cross-examined by MR. MAGUIRE. Q. Did one Cohen go with you to the watch-house? A. Yes—he is a neighbour.
John Lloyd I am police-constable. On the night of the 18th I was on duty in Petticoat-lane—Phillips came to me, and I went with him and called Cotton the policeman to my assistance—I went into the first house on the left in Three-tun-alley, and found the two prisoners, Martin and Aaron, in the parlour—I found the property at the end of a bureau bed-stead in the same room—Cotton and I both went into the parlour—the prisoners were in the act of coming out—Cotton put them back, and tied them together with a handkerchief—there was a deaf and dumb girl in the house—Cotton went up-stairs with Phillips, and brought Moses down—the prosecutor's house is in the parish of St. Botolph Without, Aldgate.
Cross-examined by MR. PAYNE. Q. How far from the door was the property? A. About three yards—the room was but small—it was at the end of the bed-stead—it is what we call Solomon Mitchell's house—that is Hyam's—it is not Martin or Aaron's lodging—I did not ask them how they came there.
Henry Cotton. I am a policeman. I went to Three-tun-alley and apprehended Martin and Aaron there, and on the second flight of stairs I apprehended Moses—he was sitting up in the corner of the stair-case—there was a room door close by where he sat, but that was fastened, and I could not get in.
Cross-examined by MR. DOANE. Q. Do you know if a female named Dyas lives there? A. A young woman lodges in the first floor—I don't know her name.
Aaron. Q. Did you find me in the room? A. The room door is not above two feet from the street door—as I stopped at the room door, they were both rushing out—they had not got out of the room door—they were in the room.
James Harnden. I am a policeman. I was on duty in the neighbourhood about one o'clock that night, and met Cotton going to the watchhouse with the prisoners—he asked me to go on his beat during his absence, which I did, and a female came to me—Hyams came to me—I knew him before by the name if Mitchell—he asked me concerning the three prisoners who were in custody—he told me he had been to the Garrick theatre, and the female who had been speaking to me came and fetched him from there, and told him while he was absent some thieves had entered his house and brought some stolen property there—I don't recollect that he mentioned any names—I told him he must consider himself in my custody—he said he had no knowledge of the property till he was told of it by the female.
Cross-examined by MR. PAYNE. Q. Have you been on the beat for some time? A. A year and a half ago I was there—Hyams keeps a dog and cart to carry out goods.
MRS. HART re-examined. These things are my property—I can tell the length of every piece here—I had bought them two days before, and measured them all—here are some drawers, and a piece of the gown I have on at present—I made it from this piece—a person standing without could reach them through the window—the table was close to the window—I am sure of the things—they are worth from 5l. to 6l. MS. PAYNE. Q. Can you venture to swear they are worth more them 5l.? A. Yes—I could not take 5/. for them.
Martin's Defence. I am innocent of the crime.
Moses' Defence. I know nothing about it.
Aaron's Defence. I went to Hyam's house to hire a dog-cart, the prosecutor came and took me by the collar—I did not know what he took nie for—as I went into his house I heard somebody say he was gone to the play.
Hyam's Defence. I went to the theatre and did not return till half—pash twelve o'clock, and heard this had happende.
NATHAN COHEN . I live at No. 13, Fire-ball-court, Houndsditch. I know Mrs. Hart—I saw her on the 18th of April, about a quarter past twelve o'clock—I had no conversation with her—was at Aldgate watchs house with her to lay an information concerning the robbery—from there we went down Petticoat—lane to Three—tun—alley, where she heard enough at the door to convince her the property was in that house—I did not hear anything—she came out and gave the alarm. and we went for the police, but before we went for the police a man hearing her give the alarm came out of the house and ran away—I was standing at the corner of the court—she was standing in a passage on the right hand of the court (the passage is the entry of a person's house)—I saw the person—it was neither of the prisoners—it was not Hyams—I have known Hyams about ten years—I will swear it was not him—did not remain there after that—we went for a policeman.
COURT. Q. What name have you known Hyam's by? A. Nothing but Hyams—I never heard him called by any other name—I never heard him called by the name of Mitchell—when the man came out and ran away Mrs. Hart said it was Hyam's son, and she said, "You have no occasion to run for I know youo:—I am sure she did not say, "There goes Mitchell"—did not know the person—Hyam's lives at that house—I live in Houndsditch.
Julia Dyas. I live in Three—tun—alley. On the 18th of April I went to the Garrick theatre with Hyams and his wife—we remained there from the time the performance began, which was six o'clock, till half—past eleven o'clock—I sat by the side of him the whole of that time—I left him and his wife at half—past eleven o'clock and went home to light my fire—during the time I was lighting my fire the policeman knocked at the door—I opened it, and he came in and looked under the bedstead with a light and went away—I followed him down the court, and the neighbours came out and said where is Hyams and his wife—I said, "I have left them at the theatre"—they told me to go and fetch them—I went and met them coming from the theatre arm-in-arm, very slowly at the corner of Red-lion-street—we
went straight down the lane home—we met the policeman, I think his name is Arnold, the prisoner went over and asked what had happened at his place during his absence.
COURT. Q. How long have you known Hyams? A. A great while—I have lived in the same house with him for fourteen months—I have heard his friends called Mitchell, but I always heard of him by the name of Hyams—I never knew him go by any other name than Hyams—I never knew him called Mitchell—he does not go by the name—I cannot tell exactly what friends they were that were called Mitchell, they were different people.
(Samuel Dyas, confectioner, of Cable-street, St. George's; and Joseph Rogers, pen and pencil manufacturer, of Petticoat-square, deposed to the prisoner, Martin's good character. Moses Davis, sale-shopkeeper, Gray'siun-lane; David Russell, furniture-broker, Middlesex-street, Whitechapel; James Richard's, earthenware-dealer, 3, White's-row, Spitalfields; Daniel Samuels, baker, 6, Petticoat-lane; William John Bishop, publican, Petticoat-lane; John Jacobs, glass-dealer, Goulston-street, Whitechapel; Louis Harris, furrier, Law's-buildings, Spitalfields, and Margaret Hayter, Dorset-street, Spitalfields, to that of Moses. Mark Marks, gold and silver refiner, 8, Sidneys's-row, Bishopsgate; Joseph Levy, fishmonger, Christ-church, Spitalfields; Elias Everet Bacon, boot and shoe maker, Cambridge-row, Mile-end; Hannah Levy, wife of a fishmonger; Michael Hayes, 3, Church-lane; Joshua Davis, fishmonger, Nightingale-place, Petticoat-lane; Charles Watson, baker, Gunn-street, Whitechapel, deposed to that of Hyams; and James Richards, of White's-row also to that of Aaron.)
HYAM HYAMS . The prisoner is my brother—my mother's maiden name was Mitchell—she being a hard-working woman, and a public character, by selling fish in the street, used to be called Mitchell, and as such I and my brothers are called Mitchell at times, but we have no right to the name.
MARTIN— GUILTY.— DEATH . Aged 20.
MOSES— GUILTY.— DEATH . Aged 19.
AARON— GUILTY.— DEATH . Aged 19.
HYAMS— GUILTY.— DEATH . Aged 19.
Recommended to mercy by the Proseccutrix, on account of their youth.
Before Mr. Justice Park.
1135. THOMAS RAY and THOMAS WADE were indicted for a robbery on George Golding, on the 19th of April, at Saint Anne, Westminster, putting him in fear, and taking from his person, and against his will, part of a watch-chain, value 1s.; 1 seal, value 6s.; and 2 watch-keys, value 4s.; the goods of the said George Golding.
GEORGE GOLDING , I am clerk to Mr. Evans, a law-stationer, and lodge at No. 25, Porter-street, Newport-market—the street runs out of Castle-street, Leicester-square. On the 19th of April I was returning home about half-past one o'clock in the morning—when I came to porter-street, I met the two prisoners at the corner—they were standing at the corner of the street—I passed up on the left to my lodging, and they followed me up on the right—they did not speak to me when I passed them—when I got as far as Princes-court, the prisoner Ray crossed over, and left Wade on the other side—Ray followed me up to my own door—I was in the
act of opening the door, having a key in my pocket, when Ray seized me by the throat, and dragged me out into the road into the gutter—he did not pull me down—he held me up by my neck—Wade then crossed over and attempted to draw my watch—he laid hold of my watch-chain, and while he was in the act of drawing it, the chain broke—he got part of the chain—it was made of Mosaic gold, and had a gold key, a gold seal, and a common key attached to it—he got them away, and ran off—Ray then let go of me directly—I followed Wade, who turned up Princes-court, and caught him—I never lost sight of him—when I got up to him, Ray came up and said to Wade, "Hit him," and made use of some word which I cannot say—Wade attempted to strike me, but I parried the blow, and Wade got away from my grasp—I collared him again, about twelve yards from where I had him at first—I had Ray in my view all this time—Wade attempted to strike em again—I called out "Police"—a person came out of a house, and both the prisoners then said they were not the persons—that I was mistaken—I am sure they are the men who did it—I called out "Police"—Assit the policeman came up, and I gave them in charge.
Cross-examined by MR. DOANE. Q. Are you employed by Mr. Evans of Wytch-street? A. Yes. I leave his office at nine o'clock—I had been with two or three friends spending the evening—I had something to drink but was as well then as I am now—I will swear I was perfectly sober—there was nothing to prevent Ray from running away while I was following Wade—he might have run if he thought proper—Wade was going from me at the time I took hold of him, he turned round directly and wanted to fight me—nothing was said about a challenge or a fight—he put himself in a fighting attitude—that was when Ray said, "Hit him"—the policeman came up in less than three minutes after that—when Ray held me by the throat. I called "Police," but I could not get the words out distincaly as he throttled me—the moment he left me I looked round—my attention was directed to my watch, but I looked at them both.
ROBERT ASSITT . I am a policeman. I was called that night—when I went up I saw the prosecutor and Wade struggling—Ray was standing by at the time—I am sure they are the two men—I asked the prosecutor what was amiss, he said, "I have lost my watch, take these two men in charge, they have got my watch"—I did so, and searched them at the station-house but found nothing on them—on the road to the station-house the prosecutor said, "My watch is not gone, I have got my watch, but my chain, seal, and key, are gone."
Cross-examined. Q. At first he thought he had lost his watch? A. Yes—he said his chain was broken on the road to the station-house—he was perfectly sober—the chain was not found.
Ray's Defence. I was returning from my club—I had been in the hospital about eight months, and it was the first night I had been to my club—I saw the prosecutor and this man standing together making a noise—I turned up to see—there were plenty of people round, and I might have run away if I was guilty of any thing—I have a different way of getting my living—I have lived with different families.
RAY— GUILTY .— DEATH . Aged 22.
WADE— GUILTY .— DEATH . Aged 36.
END OF THE CAPITAL CONVICTIONS.
LONDON AND MIDDLESEX LARCENIES.
OLD COURT,—Monday, May 9, 1836.
First Jury, before Mr. Recorder.
1136. MARY PUGH was indicted for stealing, on the 9th of February, 1 purse, value 1s. 3d.; 5 sovereigns, and 1£5 Bank-note, the goods, monies and property of Antonio Giovanni Gaitano Ippolito, from his person.
ANTONIO GROVANNI GAITANO IPPOLITO (through an interpreter). I live in Northumberland-street, Mary-le-bone, and am a valet. On the 19th of February I was in Northumberland-street, and met the prisoner face to face—she came close to me and put her hand into my trowsers pocket, and I pushed her—after she left me I felt my pocket and missed my purse, which contained five sovereigns and a half, and a £5 note—the moment I found it was gone, I ran after her—she was running very fast in the New Road—I called a policeman and stopped her—she said, "There is your money, there is no need of calling police," and gave me a purse, but it was not my purse—the policeman showed me my purse afterwards.
Cross-examined by MR. PHILLIPS. Q. How long had you been talking to her? A. Not above four minutes—I did not speak to her—she was laughing—I thought she was in liquor—I pusbed her twice—I did not like to stop with her—I had a bundle under my arm—I said to her, "Go along"—I did want to make an appointment with her for the next evening—I did not offer her my purse if she would.
THOMAS HARRISON (policeman D 14). On the 19th of February I was in the New Road—about ten o'clock at night I heard a cry of "Police"—I ran up, and on the opposite side of the way saw the prisoner and the prosecutor, and two other men, standing—I crossed over—a gentleman who understood French explained to me what the prosecutor was complaining of—at that time he had a purse in his hand with four farthings at one end—he said there should be a £5 note in the other—I said, "Where is the £5 note?"—he directly said, "That is not my purse"—I put my hand under the prisoner's cloak and found another purse, containing the sovereigns and a £5 note—she said, "Oh, give him the purse, and don't take charge of me"—I said, "Yes, you must go to the station-house"—the farthings in the purse were new, and would look like gold at night.
Cross-examined. Q. Did not she say he wanted to make an appointment with her? A. No, she made a good deal of confusion in going along—she did not tell me she had given him the wrong purse by mistake, nor that he wanted to take liberties with her—he told me what the purse contained—there was nothing at the other end of the purse she gave him—she had 12s. in silver about her.
(Purse produced and sworn to.)
Prisoner's Defence. He made an appointment to meet me next evening, and gave me the purse—he wished me to go with him then, which I refused—he then said, "You have got my purse, and robbed me"—I gave him my purse by mistake.
A. G. G. IPPOLITO re-examined. I had a cloak on, which came down to my feet—it was not buttoned—I never saw the prisoner before.
GUILTY . Aged 33.— Confined Three months from the time of her committal, she being seriously indisposed.
MESSRS. PRENDERGAST and PAYNE conducted the prosecution.
MR. PHILLIPS. Q. Was there not a complaint lodged in writing? A. This is a summons, and it says, "Whereas, a complaint hath this day been made," &c.—I was not present when the previous complaint was made, and know nothing about it.
MR. PAYNE. Q. Do you know the practice of the office? A. Yes, the informer comes with his summons, and presents it for signature.
MR. PHILLIPS. Q. Does not the person state to the Magistrate what it is he wants? A. No, generally not—the summons is given to the clerk, and the Magistrate signs it after the clerk has looked at it.
WILLIAM HERITAGE . I am chief to the Magistrates at Worship-street. This summons was issued from the office, and has the Magistrate's (Mr. Broughton's) signature—it was granted to Aaron Rawlings—I only know it by its being down here—it has my mark on it—I issued it myself—I know Aaron Rawlings—I will not say whether he brought it or not if a party wishes to lay an information, and to convict a person, he brings the summons ready filled up to me—It states all that is here stated, with the exception of the Magistrate's signature.
COURT. Q. Do you afterwards require the appearance of the person whose name appears on the summons, or do you not? A. We generally take them as matters of course; but when they come to a hearing, the alleged informer is required to be present.
Q. Supposing the prisoner had brought this summons ready filled up, and it had been signed by the Magistrate, and at the hearing he had come in the absence of the person said to be the informer, would they have proceeded? A. Certainly not—they invariably call for the informer.
MR. PRENDERGAST. Q. Did you have that summons in your possession for some time? A. Yes—I think I might have it a fortnight, or perhaps a month—I then handed it over to my son—it had been in my possession from the time of the complaint being heard, till I handed it over to him.
Cross-examined by MR. PHILLIPS. Q. Where did you keep it? A. In my desk, which is nearly always locked—I might go away for an hour or so, and leave it unlocked—I am sure no one goes to my desk—our office does a great deal of business—a great many persons who belong to the office have access to the room where my desk is, but they never go there—this summons was issued by the Magistrate—I entered it in the book and marked it to the officer that was to serve it—I only remember it by seeing my mark on it—all my summonses are marked—this is marked "H" for Hanley—Rawlings is very frequently at our office—I have understood that my son is conducting this prosecution—he attends at our office, and would have an apportunity very likely of seeing Rawlings—my son is not engaged at the office, but the pressure of business is such, that two clerks cannot get through it—my son comes to assist me, and I pay him—it is the custom for persons who are not informers to come and take summonses, and we grant them—the person says, "Here are these summonses, and I will be obliged to you to get them signed"—I cannot be certain that Rawlings presented this.
WILLIAM HERITAGE JUN , I occasionally assist my father at the office—I received this summons from my father on the very day, or the day after the appeal was heard at Clerkenwell—it was in conseqence of some
representation I made to my father that he produced it to me—I was present at the office when this summons was brought by Rawlings to be signed by the Magistrate—I was present when this matter was heard before the Magistrate, and Aaron Rawlings attended as the informer—the prisoner was called as his witness—I saw the prisoner sworn, but I forget by what officer—the Magistrates present were William Grove, and Samuel Twyford, Esqrs., who are both Magistrates for the county of Middlesex—I heard what the prisoner said—it was not taken down—Mr. Goodale was there—the summons was read to him, and he was asked whether he was guilty or not guilty, and said he was not guilty—this was on Wednesday, the 25th of November—after Sheering was sworn, he stated that, on Sunday, the 22nd of November last, be went to the house of the defendant, about half-past eleven, or between half-past eleven and twelve o'clock, at the White Horse, Hare-street, in the parish of St. Matthew, Bethnal-green, and found the door open—he went in and saw three women drinking gin at the bar—he called for a glass of spruce at the bar, which the defendant served him, and he paid twopenes for it, he then went into the tap-room, and called for a pint of porter, and whilst there—he counted twenty-seven men and women, many of them very drunk, and riotous came in, and the landlord served them with beer—that the house was most notorious for drunkenness—he staid there till about half-past twelve o'clock, and he then went to the parish church, and found it was not over, that he said to Mr. Goodale, as he went down the steps of the house, "Remember, my name is Jack Sheering, and you don't buff me out of this next Wednesday, at Worship-street"—that was all he said—Mr. Goodale was then called upon for his defence—the magistrate convicted him—I was present at the hearing of the appeal at the Clerken well Session, on the 17th of December—the prisoner was called as a witness in support of the conviction—I saw him sworn—I made a note of what he said on that occasion—(Reads) "I know the White Horse public house, in Hare-street, Bethnal-Green—I was there on Sunday, the 22nd of November last, at three minutes before twelve o'clock—I found the door shut, and three drunken persons knocking outside—the defendant opened but the door and let them in; I followed, and had something to drink at the—the defendant served me—while I was there, the defendant let in twenty seven men and women, many of them drunk and very noisy—he served them with liquor, and was carrying on a roaring trade—I staid some time, and afterwards went to the parish church, and it was not over"—he was then cross-examined, and asked, what he was served with at the bar—he said, "A glass of gin"—he also said, he did not go into the tap-room—I heard him asked what he was by trade—he said, he had been brought up to the bar—he was asked, what bar—he said, the defendant's bar—he was asked, whether he had not been at the bar of that he would swear that—he said, "Yes"—one of the magistrates observed, perhaps he had been at the old bar of that court—he said, yes, he had—he was asked, what he was there for—he said, "For rescuing a follow creature from the grave"—he was asked, whether it was not for stealing a dead body—he said, "Yes"—he was asked How many times he had been at the bar—he said, he did not know—I recollect, at the hearing at the office, when he stated, that he had had a glass of spruce that Goodale told the magistrate, he did not sell spruce—I have seen
Aaron Rawlings to day in the gallery of this court—it was asked at Clerkenwell, why Mr. Goodale was not prepared with witnesses at Worship-street office; the answer was, that in consequence of the vague manner in which the summons was put out he did not know what he was charged with—I gave a notice to the magistrate to appeal—I have the copy of it, and the original notice is here—I served it on the chief clerk for William Grove and Samuel Twyford in the usual manner, and here is the petition also and the recognisance.
Cross-examined by MR. PHILLIPS. Q. Are you the person who conducts this prosecution? A. Yes, for Mr. Woolley—he very seldom attends to any criminal business—I am not a solicitor—I am merely Mr. Woolley's clerk—I assist my father when I choose to go—my father pays me—they are always very busy—there is business enough for half a dozen clerks—I am remunerated by Mr. Woolley for this prosecution—he has a boy in his office, about thirteen or fourteen years old—he keeps only one—the whole burden of preparing the brief was thrown on me—I cannot tell the time of day when this summons was applied for by Aaron Rawlings; but what brings it to my recollection is, I laughed at the name of the publican being Goodale—it might be in the morning; but the business is so great there, that had it not been for the name, I should not have remembered it—Rawlings has been on various occassions at the office—there is very seldom any evidence taken down in writing at our office—there has latterly, but not in publican's cases; I know the Judges have complained, but not in consequence of not taking evidence down; there have been complaints of the loose way in which the business is conducted at the office, but not of taking evidence—Mr. Goodale was asked, whether he had any witnesses—he said, no; he had not a soul in the house except his own family—he made use of those words—I do not know what notice he had of this—the summons was taken out on the Monday, and the hearing was on the Wednesday; but the officers sometimes do not serve the summons until the night before—I have had a communication with Mr. Goodale—he has not employed me—to my knowledge, he has never seen Mr. Woolley—I do not know whether this is carried on at Mr. Goodale sole expense; several friends have seen Mr. Goodale on the subject, publicans and others—I have seen this paper before (looking at it)—I was shown one once by Sheering—I know some of the people named here were publicans—Mr. Cox is a butcher, and Mr. Godwin, I believe, is a corn-chandler—I have seen Mr. Ronalds in this business, and Mr. Herdman—there may have been a publican of the name of Cox, convicted at our office, but I do not recollect it—it might have been twelve months ago—he may have been convicted on the very day Goodale was there, and I forget it—if I see such an enormous case, I remember it, and I remember Mr. Groves saying what a monstrous case it was—I said, "Yes, if true"—I was the attorney in the appeal, at Clerkenwell—I drew the brief there, and instructed the counsel, and have done the same to-day—there was nothing to prevent my having it taken down in short-hand if I had known that the notes had not been taken by the Court, I might have had it taken—of course, I do not do the business for nothing—part of the costs go into Mr. Woolley's pocket—there is an agreement between me and Mr. Woolley—we do not exactly share the costs—I object to answer the question—he pays me what be thinks proper—I do not know what the proportion will be—I bear the expenses myself—I expect something for my services, but there is no agreement
between Mr. Wooley and me as to what I shall receive—it does not depend on the result—it depends on the amount is large, I shall get more than if it is small—there is an agreement that I shall receive something according to the amount of costs—if the costs were 100l. I cannot say what I should receive—I cannot say how much I shall be out of pocket—I have assisted him before—I cannot tell whether I shall get the same proportion now—I may get a third, or fourth, or half—in small cases I have got half—he has paid me for the brief, and money out of pocket—I cannot tell how many cases of prosecution I have had under Mr. Woolley—some Sessions there may have been three or four, and some none—I should think not so much as thirty in a year.
MR. CHARLES PELLET ALLEN . I am deputy-clerk of the peace, for the county of Middlesex. I produce the conviction, on the 25th of November, 1835, of James Goodale, before William Groves and Samuel Twyford, Esqrs.—I was present during the examination of sheering—the evidence of the last witness is nearly correct—I do not recollect the cross-examination—he said nothing in his cross-examination, qualifying what he had said—I only remember about the "resurrection."
Cross-examined. Q. I suppose you would not undertake to repeat the evidence yourself? A. No; I can repeat the substace of it.
COURT. Q. Do you recollect in what state the prisoner described the door of the house? A. He said it was shut, and there were persons at the door when he got there—I think he said Goodale opened the door—I do not remember what he said he had to drink—I think he said twenty-seven persons were let in—I do not remember in what state he said they were.
THOMAS EAGLES . I am a police-constable of Worship Street. I remember Sheering giving his evidence against Goodale—he said he went and had a glass of spruce, and afterwards went into the tap-room, and saw about twenty persons I think—he came out, and said, "My name is Sheering, the informer, you shall not buff me out of this."
Cross-examined. Q. What was it? A. That he went into Mr. Goodale's house during morning service, and called for a glass of spruce, and was served by Mr. Goodale—he then went into the tap-room, and there were upwards of twenty persons—I do not remember the number, and on coming out he said, "My name is Jack Sheering, the informer, you shall not buff me out of this"—that is as far as I know, every word—I waited to the end—I do recollect that he said where he went to after he left the public-house, or what state the persons were in.
SIR WILLIAM CURTIS BART . I was acting as chairman at Clerkenwell Sessions, when Mr. Goodale made an appeal from the police-office. I took the greater part of Sheering's evidence in writing—there was no alteration that I did not take, if there had been, I should have put it down—I can undertake to say, that he said every thing I have down—they are the exact words (referring to notes)—he first stated that he knew of the White Horse, public house, in Hare-street, Bethnal-green—that he was there on Sunday, the 22nd of November, then last past—that it was about three minutes before twelve o'clock when he arrived at the house—the door was shut—that he saw there two women and one man, who appeared to be drunk, desirous to get in, and that Mr. Goodale came and let them all in—that they drank at the bar, other persons being in the tap-room at that time—that he stopped there till half-past twelve o'clcok, having had something to drink during the time—whilst he was there twenty-seven other persons entered,
and upon leaving the house he went to the parish church, where service was still going on—he was then cross-examined, and on a question put by the learned Counsel, he said the defendant did not ask for time to bring witnesses—he was asked how often he had been in that court—he stated more than I recollect—he said something about being brought up to the bar—he said he could not recollect whether he had ever been tried in that court—upon being further asked, he said, "I was charged with stealing a dead body"—he gave an answer which excited some surprise and laughter, but I did not take it down.
JAMES GOODALE . I am a publican, and keep the White Horse, Hare-street, Bethnal-green, I kept it in November last. I remember appearing at Worship-street, on a charge brought against me by Aaron Rawlings—I remember the state of my house on the morning of the 22nd of November, during church-time—I think I can distinctly recollect what Sheering swore against me at the office—when he got into the box, the Magistrate told him he was drunk—he said he was not, he had got a bad cold—the Magistrate said he was very drunk, and he would not hear his evidence—but Rawling stepped up and said, he had but one case, which would not last five minutes—and then he was put to his oath.
COURT. Q. Do you mean that the Magistrates examined the witness after they said he was drunk? A. Yes.
MR. PAYNE. Q. Was it after he said he had got a cold, that they swore him? A. Yes—it is not true that Sheering had a glass of spruce served him by me, at my house on Sunday morning—I do not keep such a thing—I swear he never was in the house at any time that day—I served a man with half a pint of beer eight minutes before one o'clock—I have every reason to believe my clock was right—the man said it was one o'clock—there was not one person let in barring my own family—I did not serve any one from without with any liquor on that Sunday, during the hours of Divine service—at half-past eleven o'clock my door was shut, and it was never opened till a few minutes before one o'clock, when I opened it to serve that person the half pint of beer—there were not three women drinking gin at the bar—Sheering did not go into the tap-room and call for a pint of beer, and remain till half-past twelve o'clock—it is not true that he said his name was Jack Sheering, and I should not buff him out of that at Worship-street—myself, wife, and children, servant-maid and nephew, were the only persons in the house—I requested my case might he postponed, that I might produce witnesses—I spoke to the Magistrates, but they did not seen to notice it—I had no witnesses for the thing—the man swore no one saw me serve the man with the half-pint but myself—I thought that was the charge—it is not true that three myself before twelve o'clock that day when my door was shut, three drunken persons were knocking outside.
Cross-examined. Q. You heard Sheering swearing at Worship-street against you? A. Yes—I thought it was for the half-pint, and when I got there I found it was a different thing—I said I could bring witnesses to prove against what they swore to, if they gave me time, and that on Sheering's charge I had no witnesses—my nephew was in the house—I could have brought him but I went to answer for the half-pint—they asked if I had brought any witnesses—I said no, barring my own family—I did not say I had not a soul in the house at the time, and I had no witnesses—when Sheering was sworn, I told the magistrate I was sure that it was a mistake, that was not my case at all—I cannot say whether the Magistrate
asked me if I had any witnesses after Sheering had given his evidence, I said I had brought no witnesses—I did ask for time after Sheering was heard—I did not say I had no witnesses and there was not a soul in the house—I expect I am at the sole expense of this prosecution—I have employed Mr. Woolley—I have seen Mr. Woolley's clerk, Mr. Heritage—I did not see Mr. Woolley, but I employed persons to do it—I employed Mr. Heritage—the prosecutor appeared to me to be drunk.
JOSIAH POMEROY . I am the prosecutor's nephew, and am a watchmaker. On Sunday, the 22nd of November, I was at the prosecutor's house a few minutes before eleven o'clock—when I first went, the house was open, it wanted a quarter to eleven o'clock when I left my own house, which is about five minute's walk from the prosecutor's—I do not know whether church had begun, but I heard the churchbell strike out—the house was shut up before eleven o'clock my Mr. Goodale—I remained there till a quarter past one o'clock—I was in the bar and took a lunch—I amused the children from eleven to one o'clock from the bar to the tap-room and the parlour—there was not a soul in the tap-room but myself and the children—I saw the servant-girl cleaning the pots, some were drying in the bar and the tap-room—there was no one drinking in the tap-room, no one was served at the bar—the prisoner never entered the house that I saw—he could not be sitting in the tap-room with twenty-seven persons—I do not know whether my uncle keeps spruce—there were no drunken men or women served at the bar—I did not hear any one knocking at the door—the prisoner could not have come in with two people and I not know it—there was no noise or noisy people—all the noise was with me and the children—they are all young.
COURT. Q. What time did you go away? A. About a quarter-past one—I have business to attend to in the week, and I wanted to see my uncle, as he had been very bad.
MR. PRENDERGAST. Q. Was there any circumstance that brings that day to your remembrance? A. Yes—it was my nephew's birth-day—I went to tea with them that day—I dined at my own house and then went to tea—I heard about the summons on the Tuesday after—I gave evidence at Clerkenwell.
Cross-examined. Q. Do you know Worship-street? A. Yes—it is about three-quarters of a mile from Mr. Goodale's—I should walk it in ten minutes—no one came into the house during Divine service—they could not without my seeing them.
COURT to MR. GOODALE. Q. Who was the person you served with half a pint of beer? A. I don't know—I think it was about eight minutes before one o'clock—he knocked at the door and said, "Why don't you open, you neighbours are open?" I don't know where Pomeroy was—I did not see him at the moment—he might be in the kirchen—I went on the Tuesday and asked him about it—he said he did not see the man come in.
MARY BEADLE . I was in the service of Mr. Goodale. I remember the Sunday before he went to Worship-street—the door was shut at eleven o'clock that morning—I cleaned my pots and dried them in the tap-room and bar—there were not twenty-seven persons there drinking and making a noise—Sheering did not come in at all—there was no one but my master and mistress and Mr. Pomeroy and the children.
Cross-examined. Q. Did nobody at all come in? A. No one at all—I
was not absent from the bottom of the house five minutes—I was not absent from half-past twelve till one o'clock—my master could not have let any one in without my seeing it—he could not have helped any body at all—The house was kept shut till one o'clock—at eight minutes before one o'clock, Mr. Goodale said he let a person have some beer, but I did not see him—he could not have let any person in till one o'clock without my seeing it, and I did not see it.
COURT. Q. Where were you at eight minutes before one o'clock? A. Upstairs with the children—I was not absent two minutes—directly I came down I heard the door shut—it then wanted seven minutes to one o'clock—I looked at the clock in the bar—I said no one could come in without my seeing, because I was not absent five minutes at a time—they could not have come except during the five minutes—I was frequently taking the pots in and out.
COURT to J. GOODALE. Q. Where was it you let the man in? A. He came in at the street-door, and drank the beer, and I drew down the shutters directly, imagining my clock had lost eight minutes, as the man said so—I do not think the man was standing near me—I did not shut the door after the man—I opened the house directly—I do not think Beadle could hear the door, because I never shut it.
JURY. Q. Do the shutters make a noise? A. Yes, a dreadful noise; more noise than the shutting of a door.
MR. PRENDERGAST. Q. Sometimes public-house doors open with a weight, so that there is a sort of spring? A. There is a spring, but no weight to my door—there are weights to the shutters—the door always shuts itself—she might hear the door shut too.
DAVID GRIFFITHS . I am a coal-dealer, and live in Hare-street, Bethnalgreen. I reside four or five doors from Mr. Goodale, but my stable is under the same roof, there is a hole in the wall of my stable like a crack, it goes into Mr. Goodale's yard close to the tap-room window—I can bear there what takes place in the tap-room—I had a horse who showed symptoms of the gripes, and I was there two or three times, perhaps twenty minutes or half an hour at a time, I spent the greater part of the morning there, from seven to twelve—I went home for warm water and for a mash—there was no noise in the tap-room, or I must have heard it—I left about twelve—my man comes between twelve and one—I passed the public-house door from the stables, and it was closed—after eleven I wanted something myself, and house was closed—I tapped at the window, and got no reply—the man came to go to his horses between half-past twelve and one—and I went with him, the house was shut and very quiet.
CHARLES ALEXANDER CHRISTIE . I am a beadle of Bethnal-green. It is my business to see in what state the public-house are kept during Divine service—on Sunday, November 22, I went to the White Horse, in Hare-street, at a quarter before twelve, the house was quiet and orderly, not a soul there, I looked into the tap-room—I did not go in—I heard no noise—I should think there could not have been any while I was there—I went up Hare-street and from thence to Slater-street, which I suppose took me till a little after twelve—I passed the house again, the door was closed—I shoved my came against it, and it was fast.
Cross-examined. Q. Why did you put your came against it? A. Because, sometimes the doors are shut but not fast—I do it generally to all
the houses—there are panes of glass over the door, but the door was not open the first nor the second time—it is about seven or eight minutes walk from worship-street.
GUILTY . Aged 33.— Confined Fourteen Days, and Transported for Seven Years.
OLD COURT.—Tuesday, May 9th, 1836.
Second Jury, before Mr. Sergeant Arabin.
NOT GUILTY .
GUILTY . Aged 64.— Confined Two Years.
MR. CHAMBERS conducted the Prosecution.
MARY M'NAUGHTON , I keep a chandler's shop in Porter's-row, Holloway. On the evening of the 2nd of March, the prisoner came into the shop and purchased one 1d. egg, he gave me a sixpence, and I gave him 5d—I put the sixpence in my pocket—I had no other money there—I kept it quite separate—I found it was bad, and gave it to Marsh, the officer—I saw the separate—I found it was bad, and gave it to Marsh, the officer—I saw the prisoner at Hatton-garden next morning.
WILLIAM CALVERT . I am a baker, and live in Hopkin's-buildings, Islington, two or three hundred yards from M'Naughton's. On the evening of the 2nd of March, the prisoner came to my shop for a halfquarter loaf, which came to 3 1/4d.—he tendered me a bad sixpence—I bent it double, and gave it him back—he went out—I ran after him for a quarter of a mile, having lost sight of him, and found him standing at Mr. Kinder's shop, sorting his money—I stood on the opposite side of the road, and saw him take hold of a cup and saucer at kinder's door, who is a chinaman—I saw him give the young man some money—I beckoned the young man, and then followed the prisoner and collared him—he broke from me and ran away—I followed, and as I collared him he fell, his hat fell off, and an egg fell out—he got up and ran away, leaving his hat—I secured him, and 15d. or 16d. was found on him in half-pence.
RICHARD BARKER . I am shopman to Mr. Kinder, a chinaman, of Upper-street, Islington. On the evening of the 2nd of March the prisoner came and bought a cup and saucer, which came to 3d.—he offered me 6d. in payment—I took it in to my master, and on my return, found Calvert endeavouring to secure him.
Prisoner. Q. Are you positive I gave you the sixpence? Witness A. Yes, I marked it afterwards—I laid it down on the table for master to give change—he did not return it to me—I am sure he took up the same sixpence as I put down.
at the station-house, and found 1s. 3 1/4d. on him, and a good shilling—I produce two sixpences, which I received from M'Naughton and Kinder.
GUILTY . Aged 30.— Confined One Year.
1141. MARGARET WELCH was indicted for stealing, on the 31st of March, 1 shawl, value 8s.; 1 pair of trowsers, value 8s.; and 1 handkerchief, value 2s.; the goods of Asher Isaacs, her master; and JOHN BLACKMORE , for feloniously receiving the same, well knowing them to have been stolen, against the Statute, &c.
JUDITH ISAACS . I am the wife of Asher Isaacs, a wholesale clothesdealer, and live in White-street, Cutler-street, Houndsditch. The female prisoner came to live with us, as servant of all work, on the 16th of March—I am certain she had no money or clothes, except what she had on—she brought no box with her, and stated that she had nothing at all—on the Thursday evening, the 14th of April, she had asked my daughter leave to go out, and went out—I found her intoxicated next morning, when she was called in to breakfast—she went up-stairs, and I could not find her—I at last sent for a policeman, who searched her in my presence, and found a duplicate of the shawl on her—I found a half-crown and 2s. 6d. on her—I made further inquiry, and found property of ours at four pawnbrokers.
JAMES SPURLING . I am a police-man. On the 14th of April I was sent for to the prosecutor's house, and found the duplicate of a shawl and 5s. on the prisoner—I afterwards went to Blackmore's, a tailor, who lives a few doors off Petticoat-lane—I found him at work on his board—I asked if he knew any thing of Welsh—he hesitated at first—I told him I wanted some pawnbroker's tickets belonging to Welsh—he hesitated—I said, "What is that little box on the mantel-piece? Hand it down"—his wife then gave it to me—I looked at it—it contained seven or eight duplicates—I said, "Here are some of the duplicates in the name of Welch"—he then acknowledged knowing Welch—he said, "Part of the tickets belong to me and part to Welch"—I said, "I will read them over," and to state what were his and what were Welch's and to be cautious—he claimed a pair of trowsers and a shawl, which the prosecutor also claims—I went to the different pawnbrokers and found the property.
Cross-examined by MR. PHILLIPS. Q. What did you say to Blackmore? A. I asked him if he knew any thing of Welch—as near as possible those were the words—I believe I said, "Margaret Welch" but I will not swear it—he handed me down the duplicates without the smallest hesitation.
THOMAS FOX . I am a pawnbroker and live in Whitechapel—I have a pair of trowsers, pawned for 5s., a handkerchief for 2s., and a shawl, all pawned on the 3rd of March, except the handkerchief—I do not know who pawned them—one is in the name of Brown—another, Mary Plant, and another, Blackmore—these are the duplicates I gave (looking at those found at Blackmore's).
(Property produced and sworn to.)
Welch's Defence. I have no knowledge of the articles lost, of of the tickets found at Blackmore's—the one found on me, of the shawl, I bought
of a female for 3s., not thinking it was my employer's property—the money found in my pocket was my own.
WELCH— GUILTY . Aged 25.— Transported for Fourteen Years. BLACKMORE— NOT GUILTY . There was another indictment against Welch.
JOSEPH ROBERTS . I was in Drury-lane about four o'clock in the afternoon, on the 18th of April, and felt somebody at my pocket—I turned round and saw the prisoner behind me—I took my handkerchief out of his hand and gave him in charge.
(Property produced and sworn to.) Prisoner. I know nothing at all about it.
GUILTY .* Aged 18.— Transported for Fourteen Years.
DANIEL ALBAN DARLING . I am a poulterer, and live in Leaden hallmarket. Last Saturday evening, a few minutes before nine, I heard a noise; I looked, and saw the goose in the prisoner's hand in the passage—he immediately dropped it—I pursued, and he was caught in Lime-street, before I got up to him—I never lost sight of him—the goose was at the end of the window outside the shop.
Prisoner's Defence. I am another boy were passing along the passage—the goose lay down on the board—we were larking—the boy shoved me, and the goose fell down; he said, "The man is coming along," and so I ran away.
GUILTY .* Aged 17.— Transported for Seven Years.
JAMES LEONARD . I live in Craven-street, Strand. On the 20th of April I was returning home, and about thirty yards from my door, I saw the prisoner coming out of the door of my house with a coat over his arm—I recognised it as belonging to my wife's uncle—the collar being lined with red—I quickened my pace, and found my door ajar—the prisoner had passed me, and turned into Northumberland-court—I found him running up Northumberland-street—I followed and secured him with it under his arm.
Prisoner's Defence. I was in distress, and had no food the whole day.
GUILTY . Aged 28.— Transported for Seven Years.
money from my till, I marked some on the 27th of April, and missed eleven shillings—I marked all the money in the till on Saturday the 30th and put it into the till at six o'clock in the morning—the prisoner came in a few minutes, and at ten minutes past six o'clock I had him taken into custody—he was taken to the station-house and searched—I missed four shillings out of twenty-four out of the till, and they were found on him in my presence, marked as I had marked them—a cross cut with a file.
Prisoner. He tied my hands behind me, and put the money into my pocket. Witness. He admitted before the officers at the station-house that he had stolen it—the moment I found the money was gone, I tied his hands behind him, and said, "Now you have stolen four shillings from the till"—he denied it—I took the four shillings from his pocket, and took him to the station-house, and he admitted that he had stolen them.
(William Hammerton, glass-dealer, Hoxton; Charles Grange, Kings' Arms, Shoreditch; Thomas Wright, Chigwell, Essex, corn-chandler, gave the prisoner a good character.
GUILTY . Aged 16.—Recommended to mercy.— Confined One Month.
1146. ELIZABETH HURLEY was indicted for stealing on the 16th of April, 4 gowns, value 2l. 10s.; 2 shifts, value 3s., 1 petticoat, value 1s. 6d.; 5 towels, value 2s.; and 1 handkerchief, value 3d., the goods of William Wilkins.
ANN WILKINS . I am the wife of William Wilkins, a brass-founder, in Great wild-street. On the 16th of April, I went out about ten o'clock in the evening—I lodge on the first floor—the door was shut, but not locked, I returned in about two minutes—I only went next door—I had shut the street door, and found it open—I went up-stairs, and found my room door open, and the prisoner in the room, standing by the window—I asked who she wanted, twice—she made no answer, but brushed towards the door; I laid hold of her and said, "What have you been doing here?"—she put her hand into mine, with two half-crowns, one shilling, and a half-penny, and said, "This is all I have got"—I said, "This is not mine, you shall not go"—she then threw down four gowns, two shifts, four towels, a handkerchief, and a petticoat, which belong to me—they were in her lap, under her cloak—I lost no money—I had left all the things in a drawer, except a dress which hung by the room door.
Cross-examined by MR. PHILLIPS. Q. You were not absent above two minutes? A. No: I merely went for a pot of beer—the things were all loose in the drawers—I did not meet any body on the stairs as I was going down—I ran up-stairs—she did not ask me if Mrs. Kemble lived in the room—she never spoke to me—I know nothing about her—there are five lodgers in the house.
(Property produced and sworn to.) Prisoner's Defence. I asked her if Mrs. Kamble lived there—she took hold of my money, and said, "What have you got here?"—I said "6d. 4 1/4d"—she called her husband up, and said I had robbed her—but I was never in her room.
GUILTY .* Aged 17.— Transported for Seven Years.
NEW COURT,—Tuesday, May 10th, 1836.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 40.— Confined One Month.
1148. CHARLES CANDLER was indicted for stealing, on the 14th of April, 2 printed books, value 2s. 7d.; the goods of Jacob Lumbrey Blanchard—2nd COUNT, for stealing 7 lbs. of printed paper, value 2s. 7d., the goods of the said Jacob Lumbrey Blanchard, to which he pleaded GUILTY . Aged 16.— Confined Nine Months.
1149. SAMUEL JONES was indicted for stealing, on the 14th of April, 6 shirts, value 1l. 14s.; and 6 shirt-fronts, value 6s.; the goods of Thomas Frederick Castor. 2nd COUNT, stating them to be the goods of John Nelson.
THOMAS FREDERICK CASTOR . I live with Mr. John Nelson, of the Bull Inn, Aldgate. I drive his cart—I was at the Ram Inn, at Smithfield, on the 14th of April, getting a parcel signed, which was to go further into the country—I had the parcel with me, which Mr. Nelson had to send out from his inn—I went into the booking-office—I left my cart and parcels in it, standing opposite the gateway—it was in my sight—I looked round, and saw the prisoner take a parcel out of the cart, and put it into his smock-frock—he got down and ran away with it—I ran and caught him, and brought him back—it contained linen shirts and dickies—they belong to a young man named James Andrews—I was going to take them to him.
Prisoner. A gentleman asked me to carry them to Goswell-street, and said be would give me sixpence—I was not near the cart. Witness. I saw him get down off the cart with the parcel in his smock-frock—when I caught him he asked me to let him go—he was not going the road to Goswell-street.
GUILTY . Aged 18.— Transported for Seven Years.
SARAH EASTWOOD . The prisoner came to my father's shop, in Fore-street, Cripplegate, on the 23d. of April—I showed her several pairs of boots—none suited—while I was getting some from the window, I heard her putting a pair under her clothes—when I came back from the window, I observed her clothes stick out, which induced me to watch her—I continued showing her boots, but could not suit her—when she arose to leave the shop I stopped her, and told her I suspected she had got a pair of boots—I took her into the counting-house—I was going to search her, she would not let me touch her—she took up her gown, then dropped it, and these boots fell from under her—I am sure they dropped from her person.
Cross-examined by MR. PHILLIPS. Q. Did you not say before the justice that you found them at her feet? A. I am sure I said they fell from under her gown—she said I was welcome to search her, but she would not
let me touch her—I suspected she was holding them in the folds of her gown—the counting-house is at the end of the shop—my father was not there, but he followed us in—he came in of his own accord—I did not know the prisoner before—it was raining at the time, and she had asked leave to sit down.
WILLIAM EASTWOOD . I was in the counting-house during the time the prisoner was looking at the boots—I looked out of the door once or twice, there was apparently something suspicious—I kept on the alert; after she had remained some time my daughter went round the counter and stopped her, and said she suspected she had got a pair of boots—she said she was perfectly wiling to be searched, but when she got in the counting-house she refused to be searched unless there was a policeman sent for—I said she should be accommodated, I would get one—I then looked and saw a pair of boots fall from her—she asked me if she might sit down—I said yes—she sat down and then I saw another pair under where she had been sitting—she begged to be forgiven, and said it was her first offence.
Cross-examined. Q. Did you not follow in for the purpose of having her searched? A. When she refused to be searched without a policeman I went in immediately—my daughter was by when she begged to be forgiven and said it was her first offence—I think she must have heard it.
MR. PHILLIPS. Q. Did you say that before the magistrate? A. No—I did not think of mentioning it—I did not forget it—I don't remember whether my father said it.
GUILTY . Aged 19.— Confined Nine Months.
WILLIAM ASCHCROFT, JUN . On the 12th of April, at half-past ten o'clock, I was passing through Fenchurch-street, I felt a slight jerk at my pocket. I turned and saw the prisoner going across the road with his hand as if putting something into his pocket—a stranger said he had taken something out of my pocket—I took him and took my handkerchief from his breast-pocket—I held him five minutes and gave him to the officer—this is my handkerchief.
Prisoner. I was passing—some one dropped the handkerchief—I took it up and somebody said it belonged to that gentleman—I gave it him—I never moved at all. Witness, He was walking off across the road—a stranger came up and said, "This has your handkerchief"—I turned the moment I felt the jerk.
GUILTY . Aged 25— Transported for Seven Years.
WILLIAM PODGER . I was in Newgate-market on the 9th of April, about nine o'clock in the evening with Mr. Shore—we were buying some meat—I felt something going from my pocket—I put my hand down and my handkerchief was gone—I saw the prisoner walking away, looking towards me—I
went before her and called Mr. Shore—he if she had not a handkerchief that did not belong to her and she dropped it—this is it, here are my initials on it—I am sure it is the one she dropped.
CHARLES SHORE . I was with the prosecutor—I heard him call me—he said two girls went on, and one had taken his handkerchief—I am before them and stopped them—they tried to get away—I took them both, when I saw this handkerchief fall from the prisoner's shawl.
Prisoner. I was going to meet a person in Paternoster-row—two men ran up against me and shoved me on some turnip-tops on a basket—these two gentlemen came up, and the prosecutor said he had lost his handkerchief, and they said, "This is the girl"—I had not seen the handkerchief.
GUILTY . Aged 18.— Transported for Seven Years.
JOHN STEVENSON . I am servant to John Austin, a baker, of Marchment-street, Burton-crescent. On the 13th of April I had a basket of bread on a barrow—I went to Regent-square—I left it there to go serve a few customers farther on—I left fifteen loaves altogether—I was away from ten to fifteen minutes—when I returned I missed nine loaves—the basket was left—I received information and went after the prisoner—I found the nine loaves produced in his basket—I asked him what he had been doing—he said, "Taking my bread"—I took him.
JOHN SMYTH . I am a baker—I was with the prosecutor in Regent-square. I observed the prisoner running away, a few yards from where the barrow was—I saw him brought back with the loaves in his possession.
GUILTY . Aged 20.— Transported for Seven Years.
FRANCIS RIVINGTON . I live in St. Paul's Church-yard, and am a bookseller, in partnership with John and George Rivington. The prisoners worked in our employ up to the time of their committal—this paper is our property—I am able to swear to it—I had not authorised either of them to sell it to any body—it has not been sold by my permission—it is worth between 5l. and 6l.
Cross-examined by MR. PHILLIPS. Q. Is Mr. George Rivington here? A. No, he never gave directions to one of the prisoners to burn any paper—Dutton was warehouseman—I never knew of paper being given out to the warehouseman to be burnt—I have been nine years in the firm—on part of this there is a private mark—we are in the habit of selling paper, but not this kind—we intend to sell it—we have had it some years—we have had book in our were 100 years—I should think we have had this 10 years—it is the remnant of an edition—we have sold some of the books, but not his class of paper—there are particular defects in these sheets, which were returned by the binder, as we gave directions for them to be very particular and return them if there are any flaws in the sheets,
and we keep them for a considerable time—we have our reasons for doing it—we prefer selling the good books first—we did intend ultimately to sell the defective sheets as waste paper—I have never heard of waste paper being given to be burnt.
JAMES BROOKS . I am in the employ of James William Touch, of St. John-street—he is a carman—Dimack came to our house for a horse and cart, about two o'clock—I cannot remember the day—I took the cart with him—he went to Bleeding-heart-yard, Holborn—I loaded it with some paper—some was like this, and some of it smaller—it came out of a court—I did not see it come out of any house—Dimack put it into the cart—I went with it to a butter and cheese shop in a street just by the Haymarket—I do not know the name of the street—I should not know the persons I saw there, only Dimack and Dutton—they both unloaded the paper, and took it into the shop—I was not paid at all.
Cross-examined by MR. PHILLIPS. Q. Dutton was not present when the cart was loaded? A. He was when it was unloaded.
Cross-examined by MR. BODKIN. Q. Did you know that Dimack was a porter at Rivington's? A. No; I had seen him before—I understood he was a person employed in Paternoster-row—this was in the middle of the day.
COURT. Q. You had known Dimack then before? A. Yes; he had had the cart before to take books from St. John's Square to Paternosterrow—from a printer's.
MR. BODKIN. Q. Then you had been employed in Messrs. Rivington's trade? A. Yes; and Dimack knew that.
GARRATT MURPHY . I live in Long's-court, Leicester-square, and am a dealer in paper—I went to Mr. Ling's house—I was passing by, and asked if he had any paper to sell—he said he had a quantity—I went in and looked at it—I brought it, and gave him 32s., a cwt. for it.
JOSHUA PAYNE . I live at Mr. Ling's—I sold this paper to Murphy—I bought it of the two prisoners—it came in the cart, as the carman has stated—I gave 28s. the cwt. for it—I considered that a fair price—I paid Dimack for it.
Cross-examined by MR. BODKIN. Q. Did you buy any other paper about that time? A. Yes; of a person that lives close by—it was not mixed with this paper—we bought this paper to use or sell again—I agreed to sell it on the evening of the day it came—it did not go away until the next day.
THOMAS HERDSFIELD . I am an officer. I went to Dimack's lodgings, in Union-court, near Bleeding-heart-yard, and to Dutton's in Fitchett's-court—I saw a female, who answered to the name of Dimack—Mr. Rivington took me there—I found nothing there.
Cross-examined. Q. Had you never given directions to either of them to burn any paper? A. Never in my life.
MR. BODKIN to FRANCIS RIVINGTON. Q. When can you undertake to say, you had seen this paper in your warehouse? A. I had seen that with other paper, a few days before—our warehouse is full of paper—I believe I had seen this particular portion of paper—I will not swear I had seen it a month before—we had about twice this quantity of this particular
description—I can safely say it had not been away six months before this inquiry—we had not missed any—it has not been taken away twelve months—I have seen it within six months—about twenty persons are employed on our premises.
Dutton's Defence. I went with Dimack to sell it; the greater part of it belonged to him—he paid me for the portion that Mr. George Rivington ordered me to burn.
Dimack's Defence. Part of that paper Mr. George Rivington gave to me, and the rest I purchased of him, except what Dutton had.
MR. BODKIN. Q. Was not this intended to be sold as waste paper? A. No; it was not intended to be sold at that time.
Dimack. Q. Did you never give me any paper for white-washing the stairs? A. Never.
Dimack. I bought of Mr. George Rivington, 15cwt. of brown paper, and in that was part of this paper; and he gave me three bags of paper beside.
JURY. Q. Then some of this paper may have been in the brown paper? A. No; none of this; I sold the brown paper last Autumn, and have seen this paper in the warehouse since then.
MR. PHILLIPS. Q. When can you swear you saw this identical paper in your warehouse? A. Within two months; at our warehouse in Lovel's-court, where the prisoners have access.
(John Raven, of Gray's-inn-lane; William Darton, bookseller, of Holborn-hill;—Sullivan; Henry Wilson, stationer, Smithfield-bars; deposed to Dimack's good character; and Mr. Lane, of Stanhope-street, to that of Dutton.)
DUTTON— GUILTY . Aged 26. DIMACK— GUILTY . Aged 39.
Recommended to mercy by the Jury. Transported for Seven Years.
WILLIAM DREW (City police-constable, No.88.) On the 3d. of May, attwenty minutes before six o'clock, I saw the prisoner coming out of Fetter-lane with a sack folded in his arms—I asked what he had got there, he said, "Straw"—I asked if he had been home, he said he had, and was then going home—I felt the bag, and felt one pot—I took him to the watch-house, and found these three pots in the bag—I saw the direction of them which led me to the prosecutor—he first denied having any thing, he then said, a boy gave them to him.
GUILTY . Aged 14.— Transported for Seven Years.
morning, on the 12th of April, my master called him up to go to work—he chucked his own shoes into the soot-shed—he did not go to work, but ran away, and was found over Stratford-bridge, near the church—these are the shoes I had left by my bed.
Prisoner. I asked him to lend me his shoes to go to work, and he did. Witness No., I did not.
BENJAMIN BRAZIER . I called the prisoner at five o'clock, to go down to Bromley—when I came down, I found him gone—I went to his shed to look for his tools, none were there, and his shoes and cap were thrown into the shed—I went after him to Stratford, and caught him before he came to Stratford-bridge—he was running by himself—he had a climbing-cap on his head, and Dale's shoes were on his feet—I said, "You are a nice gentleman, "he said, "Bill lent them to me"—"Let go my collar"—I let him go, and he walked to the foot of Bow-bridge.
NOT GUILTY .
THOMAS SPARROW . I live in King John-court, Shoreditch, and am a cab driver, I set down a fare at Charing-cross, on the 16th of April, at a quarter past six o'clock, I had a great-coat and horse-cloth, I tucked them in the dickey, and drove into the Temple rank, and staid there, I then missed my coat and horse-cloth, these are them.
Prisoner. They were not put in safely, they hung off—I was running behind the cab and they fell off—I took them up, and called to the cab-man—I turned, and was going to give them to the first policeman, but some gentleman came and said I had stolen them, I put them down and ran away, and he gave them to the policeman—I picked them up, but not with any felonious intent.
JOHN PARSONS . I live in Paternoster-row. I was walking that evening in the Strand, opposite Milford-land—I saw a cab coming up, with the driver in it, and a man running behind—I watched, and saw him put his hand up, and take the coat and cloth—he stood for a second or two, and then ran; I followed, and gained upon himhe then threw the coat down and ran on with the cloth—I stopped him—he then doubled round, and ran from me, and then ran into two policemen's arms, who took him, as I hallooed out "Stop him."
SAMUEL GARDNER (police-constable, F 98.) I heard the cry of "Stop him"—I saw Mr. Parsons following the prisoner—he got from him, and ran into my arms—I took him back, and found the horse-cloth and coat.
GUILTY . Aged 28.— Transported for Seven Years.
PETER PERRING THOMS . I am a printer, and live in Warwick-square. The prisoner was in my employ—I had information, and went with an officer to the prisoner's house, No. 1, Gee-street—I saw his wife—I there found this type, which is mine—the prisoner was not there—I never allowed him to take it—I have missed a good deal.
Cross-examined by MR. PHILLIPS. Q. You found it at his house? A. Yes, and not disposed of, part of it was in use—I cannot tell whether he
took it to work with, intending to bring it back—I went back to my office, and found him at his employment—I called him down and asked him how he came by my property, he said he took it—I was not told this by a young man of the name of Matthew, he is still in my employ—some of the type had been set up—it is worth about 30s.
COURT. Q. Did he say anything more to you? A. He hoped I would have mercy and compassion on him, for he had a wife and two children.
WILLIAM BUTLER (City public-constable, 30) I took the prisoner—he was charged with having taken the type—he said, "I have, and I am sorry for it"—on going to the office he said, "I have some more in my pocket," which he had.
Prisoner. I told my master I had taken it for a little time, as I expected a job or two—in a little time I should have returned it, but he had information of it before I had time.
The prisoner received a good character.
GUILTY . Aged 24.—Recommended to mercy by the Jury and Prosecutor. Confined Two Days.
GEORGE WARRENER . I live at the George and Vulture tavern, Corn-hill. The prisoner came there on the 18th of April to have dinner—my servant gave me information—I went to him, and said, "Will you give me those spoons you have in your pocket"—he took them out of his coat-pocket and gave them to me—I do not think he said any thing—these are them.
Cross-examined by MR. CHAMBERS. Q. Had he left the house? A. No; he was still in the dining-room—I suppose he knew what he was about—I noticed nothing particular in him.
GEORGE CREW . I am the waiter. I saw the prisoner take one spoon off the table and put it into his pocket—I gave information to my master—I saw him produce these spoons from his pocket—he seemed rather agitated at the time—he kept whistling and playing with his feet at the dinner-table.
Cross-examined. Q. Did you wait on him? A. Yes; I took him in two mutton-chops and a potato, and then he went out and came back, and had one mutton-chop—when he came the second time he appeared rather agitated, as if he did not know what he was about.
Cross-examined. Q. You spoke to him? A. Yes; I thought he was intoxicated—he offered me money if I would let him go, as we were going to the Compter—he had 3s. 6d. in his pocket.
(Witness for Defence.)
GEORGE FREDERICK WHITEMAN . I am manager of Messrs. Hansard's business. The prisoner held a situation in that office for the last fifteen years—he was a reader of corrections for the press—he had an excellent character for honesty—he has had a great tendeney to be wandering in his mind since last March, which I had attributed to domestic calamities.
---- DUNFORD. I have known the prisoner for four years, as a neighbour, and working with him at Messrs. Hansard's office—he had an excellent character—I have noticed that he had lapses of memory, and aberration of
mind since last September, when his sister died, and left him with two orphan children.
---- GLINDON. I am a printer. I have known the prisoner eighteen years—we have been intimate—I have noticed him falling into a kind of stupor—I have aroused him, asked him what was the matter—he has shaken himself, and answered, "Nothing at all."
NOT GUILTY.—Being insane at the time he committed the act.
OLD COURT, Wednesday, April 11th, 1836.
Third Jury, before Mr. Sergeant Arabin.
1160. FREDERICK MOSS was indicted for stealing, on the 2nd of April, 1 coat, value 6s.; 2 yards of linen cloth, value 1s. 6d.; 1 truck, value 2l. 10s.; 33 lbs. of beef, value 19s.; and 2 pigs' plucks, value 2s. 6d., the goods of Richard Kirby, his master.
RICHARD KIRBY . I am a butcher, and live in Cottage-lane, City-road. The prisoner had been in my service—he used to help me to draw the truck—on the 2nd of April I gave him a truck of meat at Newgate-market, between eight and nine o'clock in the morning, to take to No.3, Nisle-street—I have not seen it since.
Cross-examined by MR. PHILLIPS. Q. Was the meat yours? A. I was answerable for it, as it was in my possession—I saw the prisoner in great distress—I never knew any thing wrong of him before—he did deliver some of my meat—I cannot say whether ha has been led astray by two men, named Johnson and Rickett—his direction was at Rickett's house, and part of the meat was produced at the Mansion-house, tied up in a handkerchief.
Prisoner's Defence. They persuaded me to take it.
GUILTY . Aged 14.—Recommended to mercy.— Confined Ten Days.
THOMAS EDWIN BURNELL . I am a truss-maker, and live in Holles-street, Clare-market, I work for Mr. Hughes. On the 27th of April I slept in the top-room of the house—I put my clothes on a bench, with my watch in my pocket, and went to bed about half-past two o'clock in the morning, having been out with a few friends—I am sure I had my watch with me—I left it in my fob—I put my trowsers on my father's bench—the prisoner lodged in the house, and slept on the second floor, I believe—when I awoke I found my watch was gone—I went to the pawnbroker's and they gave me information—I went out at one door of the shop, and the prisoner came out at the other, with my watch in her hand—this is it—I had occasion to go down stairs in the night into the yard, and left the room door open—when I came up I locked the door, but in the mean time my clothes had been taken out of the room, and left on the stairs, and my watch gone—but I did not know it.
THOMAS SOPER . I am a policeman—I took the prisoner into custody. Prisoner's Defence. A. Mrs. Hill, who lives on the second floor, gave it to me and asked me to pawn it—and as I came out of the shop I saw the prosector—he said. "You have got my watch"—I said, "If it is yours here
It is, you had better go with me to the person who gave it to me"—Mrs. Hill said she picked it up on the stairs—I understand the prosecutor had come home very intoxicated, and made a great noise in the house, and at seven o'clock his clothes were lying on the two-pair landing.
GUILTY . Aged 65.— Confined Three Months.
Before Mr. Justice Littledale.
1162. AMELIA EVANS, alias Conway , and MARY EVANS , were indicted for , that they, on the 26th of April, feloniously, knowingly, and without lawful excuse, had in their custody and possession 1 mould, on which was impressed the apparent resemblance of the obverse side of a shilling—2nd COUNT, stating it to be the impression of the reverse side.
MESSRS. SCARLETT and ELLIS conducted the prosecution.
WILLIAM REYNOLDS . I am a constable. On the 26th of April, I went to No. 3, Buckeridge-street, St. Giles's, about half-past six o'clock in the evening, with Duck, Hall, and Ashton—the street-door being open, I proceeded up-stairs to the second floor front room—that door being fast, I broke it open, and saw Mary Evans near the fire-place, and Amelis near the window—they seemed sadly confused at the moment, and one of them (I do not know which) said, "Oh, what do you want here?"—I took them into custody, and put them in one corner of the room—Ashton look charge of them—the window was open, and on the coping stone I found two pieces of metal, which were hot at the time—I produce them—on searching the fire-place with Hall I found a piece of metal under the grate—Hall poked the fire with a small poker, and I saw some metal run out of the fire—there was one piece of metal, and a piece of cinder with metal on it—I found some part of the metal before he raked the fire—this piece was lying down, and when he pocked the fire I saw more run out, which he picked up—I did not pick up any after he poked the fire.
WILLIAM BAKER ASHTON . I accompanied Reynolds—I entered the room almost immediately after him, and saw him with the two prisoners at the further side of the room—Amelia was near the fire-place, and Mary bear the window—Amelia was the furthest from me—I went towards her, and she held out a shilling, and said, "This is what you want," I took it, and saw Reynolds pick up a piece of metal off the coping stone, outside the window—I found near the window a piece of an old handkerchief, which was quite hot at the time—on a shelf at the left hand side of the room I found a paper bag containing plaster of Paris—I said, "Here is the plaster"—Amelia said, "That is what we clean the place with"—I produce the good shilling.
ROBERT DUKE . I belong to the police-office of Hatton-garden. I was with Reynolds and Ashton—I was in the street about a minute after they went in—there was just time for them to get up to the second floor—I observed the prisoner Mary at the window—she threw something out—it fell into the middle of the street, in the dirt and mud—I immediately picked it up—it felt quite hot—I found it to be a mould for shillings—it was broken, when it fell, into several pieces—I have it here in a box, and a shilling, which was lying close to it quite hot—I did not see the shilling thrown out—the mould came out of the window in pieces—I saw it in pieces before it struck the ground—I went up-stairs, and found on the table a small file, with white metal in the teeth of it—and near the table I found two pieces
of a metal spoon—it was a very brisk coke fire—under the fire-place I found an old iron spoon with white metal in it, which is in it now—I searched Mary—she hesitated and requested I would get a woman to search her—but I ultimately put my hand through the pocket-hole of her gown and drew her pocket out—I found in it a counterfeit shilling in an unfinished state—I searched the other prisoner but found nothing on her—I examined her hands and found them dirty—I said in the hearing of both the prisoners that it was all right, for they had thrown the mould out of window, for I had picked it up—Amelia said she was sure they had thrown nothing out of the window—Amelia's hand smelt strong of metal—Mary's bands were black and dirty, and smelt strong of pewter-metal—there was something white in the palm of her left-hand which seemed to correspond with the plaster-of-pairs.
WILLIAM HALL . I belong to Hatton-garden police-office. I accompanied the officers on this occasion—I followed Duke up-stairs and saw him take a counterfeit shilling from Mary's pocket—he went to the fire-place and picked up an old iron spoon out of the ashes—I raked the fire with a small poker and some bot metal ran out, part of which Reynolds picked up—I picked up a few pieces which I produce—there were two old aprons found near the prisoners feet, near the window—they then stood together—there was some white plaster on the aprons, more on one than the other—I asked Amelia whose they were—she said they were hers.
SARAH MULLINS . I am the wife of John Mullins—the house, No.3, Buckeridge-street belongs to him—I first saw the prisoners about four months ago—they took the front-room on the second-floor or me—Amelia took the room—they were both together—she was spokeswoman—I connot tell the words she used—they have lived there ever since—I have seen one or the other of them there every day, about the house or in the room—I received the rent almost every morning—sometimes at night—sometimes one paid it and sometimes the other.
JURY. Q. Was there no elder person visiting them to instruct them in this art? A. No—nobody that I saw.
JOHN FIELD . I am Inspector of Coin to His Majesty's Mint, and have been so nearly twenty years—the mould produced by the officer is made of plaster-of-Paris, and is intended for casting counterfeit shillings, and calculated for it—it has the impressions of both sides of a shilling on it, and appears to have been used for such a purpose—I believe it has been used; the obverse side is the deepest impression—the reverse is merely the surface—the two shillings produced by Duke are counterfeit—they are Britannia metal cast—I have applied one to the mould and it corresponds with it, and I believe it was made by it—I have fitted both of them to the mould—they correspond in all respects—the piece of white metal produced by the officer and some which is adhering to the cinders is of a similar description of metal to the counterfeit shilling—this spoon is also of the same kind of metal—here is an iron spoon which has the same kind of white metal adhering to it—it appears to have been in the fire—I cannot tell whether it was actually fused in this identical spoon—I have no doubt white metal has been fused in this spoon—here is a file which would be necessary to remove the surplus metal adhering to the coin after it is cast—there is the appearance of white metal in the teeth of this file now—here is a bag of plaster-of-Paris in powder of the same kind of material as the mould is composed of—the shilling produced by Ashton is a good one.
JURY Q. Do the moulds look like the work of experienced hands, or
of such children as the prisoner? A. I suppose it quite possible for the prisoners to make them—the mould consists of two circles—this coin resembles a shilling,
AMELIA EVANS— GUILTY . Aged 19.— Transported for Fourteen years.
MARY EVANS— GUILTY Aged 15.— Transported for Seven years.
Recommended to mercy on account of their youth.
Fourth Jury, before Mr. Serjeant Arabin.
NOT GUILTY .
JAMES ALBAN COOPER . I am in the employment of Robert Spence and others, warehousemen in Love-lane. On the 9th of April they were removing a quantity of merino from King-street to Love-lane, and six pieces were lost—I know nothing of the prisoners—four pieces have been found.
GEORGE GENTIL . I am in the employment of Francis Barker, a town carman—we had to move these goods—Appleby was employed by us—I do not know Thomas—on the 9th of April I saw Appleby bring four pieces of merino from our loft, where we keep hay—I did not know what they were at the time, as they were in a sack—he put them on the ground in the stable in the Bell-yard, and Thomas took hold of them—I then came up and Appleby what he had brought down—he said they contained pieces of old stuff—I took them away into the Bell Inn—I found it was four pieces of merino—I went to in from Mr. Barker—I went for an officer, and took the prisoners into custody—they had no business to bring them there—Appleby was not employed in moving these goods at all, and had no business with them.
Cross-examined by MR. DOANE. Q. Was not the employed to carry some goods to the docks? A. Not for the prosecutor—he had goods to carry—I heard nothing about a parcel being left in a cart by a mate of his—his work was at the East India Docks that day.
CHARLES WILLIAMS . I am porter to Robert Spence and others. I was placed at the new warehouse to assist in unloading the carts as they came up to the door—a man named Holland drove—I know nothing of the prisoner—they were not employed that day to move our goods.
(Property produced and sworn to.)
GEORGE GENTIL re-examined by MR. DOANE. Q. Appleby had occasion to go with goods to the East India docks? A. I was not at home when he went to the docks—about eleven persons have access to the loft—it was about half-past seven o'clock in the evening that I saw him bring them down.
COURT. Q. What did Thomas do? A. He put his hand on it; I asked what business he had with it? he said. "They don't belong to me"—I said, "Who do they belong to?"—Appleby said, "They are pieces of old stuff."
Appleby's Defence. I was on the stand at ten o'clock in the morning,
and came home at half-past six o'clock in the evening—I know nothing about these goods being moved—I went in the evening to have a glass of liquor—I met a porter in the gate-way, who asked me to go and fetch something out of the loft which my mate had to take care of—I was out the whole day in Barker's service at the East India Docks.
GEORGE GENTIL , re-examined. It was Mr. Barker's loft he brought them from—he had a right to be in the loft, but had no right to the property—I do not know who placed it in the loft—it is about a minute's walk from the prosecutor's warehouse—it had no business at our place at all—a man named Holland, was employed to move the goods from the prosecutor's—Appleby was down at the East India Docks at the time—we have no evidence how the property got into the loft.
(John Lewis, carman, Westmoreland-buildings; Charles Picket, carman, and Isabella Bryam, gave the prisoner Appleby, a good character.)
APPLEBY— GUILTY . Aged 40. Confined for One Year.
THOMAS— NOT GUILTY .
JAMES ALBAN COOPER . I am in the employ of Robert Spence and co. We lost two pieces of merino, on Saturday, the 9th of April, in moving from King-street to Love-lane—I know nothing of the prisoner—the property had not been found—I know it was moved from the old warehouse.
Cross-examined by MR. DOANE. Q. Did you pack it up? A. Yes; and sent it down from the top warehouse to the bottom—it was packed in the same way as the goods in the last case.
GEORGE GENTIL . I am in the employ of Mr. Barker. The prisoner had our cart on the stand; and was employed in moving the prosecutor's goods—I saw him running away from King-street, with a parcel under his arm—I could not tell what it was—it was similar to the parcels of merino produced in the last case, as to bulk, from what I could perceive at a distance—I occasionally saw the goods unloaded—I was on the stand—I lost sight of him at the corner of 3, Nun-court, Aldermanbury; his cart at that time was on the stand in Aldermanbury.
Cross-examined. Q. Was his cart full or empty at the time? A. Empty—it ought to have been empty—I had not seen it loaded—I tried to overtake him, but he turned up the court—I had my suspicions, but did not call—I cannot swear the bundle he had was not wrapped up in a pocket handkerchief—I accused him of it in the evening; and he denied ever having had a parcel.
THOMAS BINGHAM . On the day in question, I saw the prisoner in the Axe tap, Aldermanbury, with a parcel under his arm—a few minutes after he went out, the witness came in to make inquiry—I had a very short glimpse of the parcel—it might be merely paper—I think it was about the size of this one.
Cross-examined. Q. Might it not have been smaller? A. I feel disposed to say, it was about that size—it was not in a handkerchief—the outside was paper.
CHARLES WILLIAMS . I was assisting in unloading the carts as they came up to the door—the prisoner was the carman—about eleven o'clock it rained very fast, and the lad who was him left him for a few minutes—I assisted in unloading the cart, and thought every thing was taken out.
Cross-examined. Q. There were several other of Barker's carts employed
in moving the goods, were there not? A. There was—I did not see him take any thing, nor any thing left in the cart—when it was emptied, I saw him drive away.
Prisoner. I know nothing of the parcel that is missing.
NOT GUILTY .
NEW COURT,—Wednesday, May 11th, 1836.
Fifth Jury, before Mr. Common Sergeant.
1166. WILLIAM RANDOLPH , was indicted for stealing on the 7th of April, 2 printed books, value 3s.; 6 waistcoats, value 2l.; 2 yards of silk, value 2s.; 2 pairs of trowsers, value 20s.; 4 shirts, value 2l.; 1 coat, value 1l.; 1 razor, value 6s.; and 1 handkerchief, value 3s.; the goods of William Scurfield Gray, his master.
WILLIAM SCURFIELD GRAY , Esq; I live in the New Cloisters, Temple, and am a barrister; the prisoner was my clerk up to the 13th of April—I missed several things, and on taking hold of a box which stood under my bed, in which I used to keep a travelling coat, I found it was empty, and the Key gone; the prisoner said he recollected my locking the box, and taking the Key—I looked in the desk, but could not find the Key—I opened the box with a screw-driver, and found the coat was gone—I applied to Bow-street, and on opening a locker which belonged to the prisoner, I found the Key of my trunk which bad contained the coat, and seventeen duplicates for articles of my property—this is the coat, and these are the duplicates.
GEORGE KING . I am an assistant to a pawnbroker in Fleet-street. I produce two shirts, a piece of silk, and two waistcoats, pledged by the prisoner at different times. for thirty-five shillings in all—five of the articles I can swear he pawned; one, I did not take in.
THOMAS GRATTAN . I am assistant to Mr. Cotton, a pawnbroker, in shoe-lane. I produce some waistcoats, and other articles which I took of the prisoner—I asked him several question—he said hid father sent him,
GUILTY. Aged 14.— Judgment Respited.
MR. ADOLPHUS conducted the prosecution.
JOHN LAUGHTON . I was a draper and haberdasher, and lived at No. 55, Lisson-Grove, for about fifteen months; I then failed, and had a fiat of bankruptcy issued against me—the prisoner was my shopman the whole time.
ANN MAC CLURE . My name was Ann Barron, and I lived at Chatham—while I lived there the prisoner used to came once a fortnight for about two months to see me—there was some profession on his part to me—I had two lengths of 16 yards of black silk from him, cut separately, to make dresses—I paid him for them—there was some brown silk enclosed with the black silk which he begged me to accept, and some Persian; and two yards of velvet—it was to make a cloak—I made the cloak, it is here—this
is my cloak, I gave it to the officer—I had it from the prisoner about Michaelmas last.
Cross-examined by MR. JONES. Q. When did you become a bankrupt? A. On the 2nd of March—I and the prisoner were not shopmen together at Chatham—I was in business at Chatham, and the partnership with a gentleman, but not the prisoner—I was on very intimate terms with the prisoner, I treated him more as a companion than as a servant—he bought articles of me at different times—I swear I gave him no general authority to take what goods he pleased without telling me at the time—he paid for him silk he sent to this young lady's mother at the time he had it—I paid him wages—the last time was in May, 1835—I borrowed money of him, I think, three times—I did not know he had money by him when he entered my service—the largest sum I ever borrowed of him at one time was 5l.—I think it was 5l.—2l. 10s.,—and a sovereign—I do not know that he had sold a cabriolet—he sold some horses—I do not know for how much—he told me he sold one for 20l.,—I did not know that he had 60l., or 70l., by him, the produce of the cab, or some horses—I never asked him to lend me 50l., to take up a bill—he offered to go into the country to his uncle for it, without my asking—he went to his uncle, but he did not lend the money—I do not know that he had money after he came from the country—he did not say he had the money, but before lending so large a sum he must go and consult his friends—but he went to the country, and said his uncle was not at home, he was gone to Oxford—he was acquainted with my affairs, and knew when I had a bill coming due—I never borrowed any money from him to redeem goods from pledge—I had two pieces of silk in pledge about six months ago—they were the only articles I had in pledge while the prisoner was in my service—they were both of them pledge for between 20l., and 30l.—I have redeemed them—I did not borrow the money of the prisoner to redeem them—I got it from the takings of the shop—a person of the name of Willis pledge them—I have never said I had other articles in pledge—the prisoner came to me in December, and I paid him up to May—my debts amounted to about 3000l., in those fifteen months—I don't know what my assets are, because the business is not settled—I should think about 1300l., stock and book debts—my stock was about 950l. at the valuation—I sold some property to Jews and to other parties—I got them from manufacturers, and sold them at a less price than I was to pay for them—I did so every month for the last six months, I should think to the amount 2000l., worth—I did not send any goods to persons to whom I did not sell them till I had reason to suppose I should be made a bankrupt—I sent some stock to friends to take care of—they were returned to me—there were not twenty parcels sent—I did not take the number—I did not see them returned I was only person named Mace, in Bryanstone Mews—they have since been returned—I don't know the value—I should think it was about 300l.—I sent none to any one else—I did not direct my wife to send any—there was some furniture sent out—I sent some property to one Martin, but not shop goods—I saw some of them packed up—I sent them away to secrete them—I was in difficulty—none were sent to Mr. Cox—he bought about 6l. worth of handkerchiefs about the 26th of February,
a few days before I was made a bankrupt—there was a looking-glass sent to a man named Davis in the same way, but he purchased it sines, and has given it up—that was a short time before my bankruptcy—he purchased it after my bankruptcy—I gave him a receipt for it—I did not send goods any where else—some furniture was sent to Mr. Bundel's—I cannot tell the amount of property I secreted in that way—it was as little as 500l.—it could not be so much as 700l. or 800l.,—it cost me as much as 600l.—I cannot swear whether it was less than 700l.—I did not send any goods to Solomons in Whitechapel—I did not send them by Willis—I believe he has sold goods to Solomons—I have heard him speak of the name—I was committed by the commissioners to the care of the messengers, and after that the prisoner was examined—he was summoned to appear—he appeared two or three times—I remember saying I had told a great many falsehoods about my property, but I would not tell any more—I had told them I had no goods secreted, but the second time I gave them up—I could not swear to this velvet, nor to any portion of the materials of which this cloak is made—these things were not given up in consequence of what the prisoner said—he had not then been examined—I owe the prisoner 30l., for wages from May last, and money borrowed—he was not to deduct out of his wages any goods he had out of the shop, unless I knew of the goods being taken—he might have had all his wages in goods if he liked.
MR. ADOLPHUS. Q. Look at this paper, and tell me whose handwriting it is? A. All in the handwriting of the prisoner—it was never delivered by him to me—it is an invoice of goods he had of me—I saw this paper at the official assignees—I do not know when it was made up—I had settled with the prisoner up to May—the sum claimed in this paper is 15l. for wages—that must have arisen after I settled with him up to May—here is half a year's wages charged since May—the prisoner here debits himself with some goods—this silk and velvet is not included in these debits—the prisoner knew of my sending goods to different places, and assisted in packing them up—he knew why I sent them—I expected that an execution was coming—I had removed them to get them out of the way of the Sheriff—I never allowed the prisoner to take goods without accounting to me—he never told me he had cut off this silk and put the money in the till—he may have told me he had sold a silk dress—he has frequently told me if he has sold one.
COURT. Q. I think you said just now that he paid you for a silk dress? A. He paid me for two that he had bought—that was about September lest—I cannot say the time exactly—they were two black silk dresses—when he has sold a silk dress, the money is put into the till, and I have gone and taken the money out—he did not tell me any thing about this dress.
GODFREY GODDARD . I produce the fiat of bankruptcy—the prisoner was examined under that on the 15th and 20th of March—he was summoned on the first time by the messenger of the hall—the examinations were taken word for word, and there read to him (reads.)—"Q. During the time you were acquainted with Miss Sellon were you in the habit of making her presents? A. I did on one occasion—some silk and lining for trimming, and two yards of velvet—I had it of the bankrupt—I cut it off, and put the money into the till—I cannot say when it was—I think a little before Michaelmas—I told the bankrupt I had sold a silk dress, but cannot say whether I said to whom."
Cross-examined by MR. BALLANTINE. Q. How often was the prisoner examined? A. Twice—the second time he came voluntarily—he had the means of escaping—no property was discovered that the bankrupt had concealed in consequence of what the prisoner said—I have seen him in jail since last session.
MR. ADOLPHUS. Q. At the first examination was any charge of felony made against him? A. No.
JOHN LAUGHTON re-examined. Q. When was the first time you employed the prisoner to move any goods from your premises? A. The beginning of the week that execution came in—there was no semblance of bankruptcy among my affairs in October—I wanted to borrow money to take up a bill before September.
Cross-examined by MR. JONES. Q. Will you swear it was not after September? A. Yes; there was not the least semblance of bankruptcy then about my affairs.
Prisoner's Defence. The velvet and ten yards of the silk was never Mr. Lanughton's—I purchased it of Mr. street, a linen-draper—Mr. Langhton had not any of it his shop—the remaining fourteen yards I had at Mr. Laughton's and paid the money into the till, being 2l. 12s. 6d.—at the end of June I purchased, of Mr. Laughton, a quantity of dimity and tick—I requested him to measure these goods—he told me no, he should leave it all to me—I then requested him to debit me with them—he said, "No, keep an account of this, and any other articles you may like to have from the shop."
Prisoner. Those articles in the paper are not debited to me in the books, the last article I had was a shawl, none of these articles were debited against me in the books.
GEORGE BENSTEAD . I was in Mr. Laughton's employ till July last—I have heard conversations between him and the prisoner respecting some accounts for goods—I know the prisoner was in the habit of having goods out of Mr. Laughton's shop—he entered them on pieces of paper by Mr. Laughton's direction—there was a running account for goods, not for wages—the first parcel of goods that the prisoner had, Mr. Laughton allowed him to take them or any other goods and keep an account of them—Mr. Gale told me make an entry in the book of his account.
MR. ADOLPHUS. Q. When was this told you? A. About May he told me to enter three-quarters of a yard of Irish linen—he did not tell me to make any other entry—it was some dimity and tick that he applied to Mr. Laughton for leave to take—this paper is about the size of the paper the prisoner entered it on, but it is not entered on it—Mr. Laughton never told him he might take any thing he pleased and not enter it—I don't know of his taking goods and putting the money into the till—I know nothing about this silk.
NOT GUILTY .
was produced to the commissioners on the 25th of March, and it was handed to the messenger's man—I afterwards had it corded and sealed—four table-covers were in it, and some linen and other things, I have understood worth 15l. or 20l. in all—the prisoner was examined—his examination was read to him, and he signed it (reads.) "Q. In your examination on the 15th of March you stated you mored some property belonging to the bankrupt to this box—where did you remove them there? A. There of four days before the execution I packed them and sent a boy with them to Bannister's, in Oak Tree Mews—I went there and packed them in the box a few days afterwards—the table-covers were not in this parcel—I had them of the bankrupt six months ago—he did not know of my having had the table-covers—I had an account of the goods I had of the bankrupt on a paper."
Cross-examined by MR. JONES. Q. How did you find this box? A. Not through the information of the prisoner—we could not find him at all.
JANE BANNISTER . My husband lived in Oak Tree Mews, the prisoner sent a box there—nothing was in it—he brought it, and put the needlework which I had done into it—it was some sheets and other things—I cannot say I saw any table-covers in it—it was open when it came—I should think it was in August—I had directions given to me by Mr. Gale to send it away—a young man came for it—I do not know his name—I should think that was about a week or nine days after, when Mr. Laughton was a bankrupt—the prisoner did not take any thing out that I know of—I do not know where it went to—the prisoner was at our house twice, but I did not see him put any thing in, or take any thing out when he went to the box—he had a small parcel when he came and a small parcel when he went away—he desired the box might be sent to the Angle at Islington.
JOHN BOKES . I keep the White Hart is the Strand—it is a booking house. I remember a box being at my house which was taken away by the messenger—Mr. Gale, the prisoner's father brought it in a cab and asked if I would take care of it—I think it was seven or eight o'clock in the morning when it came—it was never called for afterwards till Mr. Goddard came, it had not been touched in any way.
JOHN LAUGHTON . I did not sell these covers to the prisoner, or in any way know of his having them—they are worth about seven shillings each—when I was not at home my wife looked to my business—I directed the prisoner to remove some things of mine the beginning of the week in which the execution came, last February—I had not authorised him to remove any goods for concealment before that.
Cross-examined by MR. BALLANTINE Q. Hoe do you know this property? A. The marks are taken off—I had not parted with them—the prisoner never told me he had taken them until the box was found—I began to pawn silk about six months ago—I had sold goods to make up bills, not in the regular way of trade—I was in the habit of parting with property which
I bought on credit, at reduced prices—I was in the habit of pawning silks and things—I remember at my last examination, speaking of silks I had sold to a Jew—I have frequently—I had not sold them more than six months ago—I did not so immediately after I commenced business—it may be about September—whether it was more than six months, I cannot say; it was not in July—I had no occasion then; I could meet my payments—I sold, at least 2000l. worth of goods between September and my bankruptcy, at a sacrifice, to meet my bills which were coming due—I know Mr. Watts, of Greenwich—I have sold property to him since Christmas—I did not in July—I have not passed my last examination—I do not expect to be released from a prosecution, if I convict this man—I did not expect to be prosecuted—I was threatened with it if I did not give up my property—I have not received any promises that that prosecution will be dropped—I may be prosecuted still if I have any property remaining back—I do not suppose it depends mainly on this conviction—the fear of being prosecuted has no effect whatever on my evidence to-day.
COURT. Q. When was the first time that you directed Gale to remove property from your premises? A. the beginning of the week of the execution in February; the execution went in on the 26th—I did not specify any thing in particular—he was to remove any thing he could lay his hands upon—these table-covers were not removed then, because I had none in my shop of this description—I might have had two or three months before—I did not know Mrs. Bannister till now, she says, she was a customer, but I do not recollect her.
MR. ADOLPHUS. Q. When did your knowledge of her begin? A. Not until after it was discovered that the box had been there.
MARY ANN LAUGHTON . I am wife of the last witness—when he was out of the way, I saw to his business; the prisoner was always there, and had access to the books; he never told me he had taken any table-covers.
Cross-examined by MR. JONES. Q. Did you attend to the business at all? A. Yes, almost always—I did not keep the books—I never knew Mrs. Bannister till last sessions—I never saw her at my shop—she has told me she has been served there by me—I began packing the goods that were to be sent away the last week of the bankruptcy—I began on the Tuesday as the execution came on Saturday—the prisoner did not assist in packing the same boxes that I did—the prisoner pressed me to pack them, and wished me to clear the shop—my husband had not left directions to clear it, he told me to clear a few—he did not know I had taken so many as I had.
MR. ADOLPHUS. Q. Do you know of his taking these table-covers? A. No.
JOHN LAUGHTON re-examined. These are the books in which the prisoner made entries in the shop—I have looked them over, there is no entry of these table-covers—I was not in any way informed they were gone.
Prisoner. The reason the table-covers were not entered in the books on the first occasion, was we had no day-books till the beginning of October—and the reason I did not enter them when they came, is, from Mr. Laughton telling me to keep an account of what I had from the shop, and his owing me money—I supposed, his affairs being in difficulty, that was the way he wished to settle with me—I told him of articles at different times, and wished to settle with him—he said, "No, let it be, I will settle with you after I have settled with my creditors."
JOHN LAUGHTON re-examined. Q. Did you tell him so? A. No, I told him I could not pay him, but the assignees would—this book has been lying about ever since January, 1835—he had no authority to take these things six months before the execution.
Prisoner. The large book I was desired never to enter any thing in, only transaction of business, and the small day-book we did not have till the beginning of October.
MR. JONES. Q. You generally kept the book? A. Yes, but it was lying about—I did not prohibit the prisoner from writing in it unless I were present—he did not make that entry in my presence, because I was not at home that day—I was in the City, I was not at home when the goods were bought—that prisoner used to tell me of the goods sold, and put them down on a slip of paper—I did not prohibit him from entering—I sold most of my goods for ready money—we had little to enter—he put them down on paper, for me to enter them—he might have entered them himself—the book was lying, in general, in a little room—I believe there are some dates in the little book—part of the writing is mine, most of it the prisoner's—it was about, to enter little trifling things in—I made an entries of things sold to Jews, they were paid for at the time—I sold them some at 15, 20, or 30 per cent. below the invoice price—these are the only books I kept in the shop—there are more little books somewhere which I have given up.
MR. ADOLPHUS. Q. You have been asked about this entry in the prisoner's writing, did you see the book before you west out? A. that I do not recollect—when I came home I did.
MR. BALLAMTINE to LAUGHTON. Q. Do I understand you to say that you were not aware that prisoner took away goods with your husband's consent, not till the last week? A. On his own account, not without entering them in the book—I have never gives a different statement from this—I do not know Mrs. Deemer—I never said that she prisoner was allowed to take away goods with my husband's permission, and that I was aware of it—I have said I suspected him for the last six months—I told my husband and the servant I suspected he was robbing us.
MR. BALLAMTINE called MRS. SOPHIA DEEMER. I am married—I know Mrs. Laughton only since the examination—I saw her that day in the court—I afterwards had some conversation with her—she told me she know the prisoner had taken two pairs of while gloves a-week, to attend dances with—I said, "Did you not tell your husband?"—she said, "Yes," but he told her ladies knew nothing, and there was a perfect understanding between them.
MR. ADOLPHUS. Q. What is your husband? A. A tobacconist, at No, 105, High-street, Borough—this was at the examination—I was there from curiosity—she was not a stranger—I knew by bringing parcels to my house—she brought two brown-paper parcels—she knew nothing of me—they were brought for a person that lodged with me, and was gone away—I called in a policeman and had an inventory taken of them, and the Magistrate told me to give any person into custody who came for them—I saw her at a house where we went to have refreshment after the examination—we did not go there together—it was not at the bar, but in the back-room up-stairs—I told Mrs. Laughton I knew she was the person who brought the parcels to my house—the conversation began by
my telling her about it—she said she suspected he had been robbing them for the last seven months—he had taken two pairs of white gloves a-week, and that her husband had told her woman knew nothing about business—I told this to Mr. Goddard—I told the prisoner's friends of this, this moment, as I entered the Court—I came here out of curiosity to hear the trial, and never told any body I was here.
MR. JONES. Q. You said you went to the police-office? A. Yes—Mrs. Laughton saw me there when the prisoner was examined—a friend who was with me took me to the gin-shop—we met Mrs. Laughton there by accident—I am quite sure said that she was aware he had been taking things for the last seven months, and there was a private understanding between them, and that is what I told Mr. Goddard.
NOT GUILTY .
Mr. Bodkin conducted the prosecution.
JAMES SLATER . I am a constable of the Thames police, and am super-intendant of the police at the London Docks. On the 27th of March, I was at the watch-house (which is sixty or seventy yards inside the gate) at six o'clock in the evening—that is the time the watchman came off duty—the prisoner was employed as a watchman to protect the property on the quays—he came down to the watch-house-door to report to me that all was right; he was then going out, but in consequence of what I saw, I asked him what he had got in his hat—he said nothing but his pocket-handkerchief—his bat was on his head—he took it off and gave it to me—I found two pieces of silk bandana handkerchiefs under his pocket-handkerchief in his hat—I said I must search him, which I did, and found four more pieces round his body between his waistcoat and shirt—these are the six pieces—I asked how he came by them—he said a man came to him while he was on his station, that he thought was a custom-house-officer, as he had their uniform buttons and asked him to take them out for him—I asked him if he knew the man—he said he did not—I sent him with two officer that he might point out the man—their names are John Clements and George Dix—they are not here—they brought the six pieces back—I asked him where he was to meet the man—he said at the gate—he said he could not find the man—but he had told me that before.
Cross-examined by MR. PAYNE. Q. What day of the week was this? A. On Sunday—the prisoner was coming from his station when he came to me—it is possible for a person who wanted to smuggle handkerchiefs to ask a person to bring them out, but I do not think there was a vessel in the docks that had them on board—I have inquired, and there was not—I would not swear there were no such ships then in the dock—there were perhaps one hundred and fifty ships, and two from India, I believe—I am not a judge of handkerchiefs—the warehouses were locked up that day—I have known the prisoner about there years—he bore a good character.
JAMES EVANS . I am principal surveyor of the Thamas Police. On the Tuesday after the Sunday the prisoner was stopped, I went into the docks to make search—I went near No. 1. Warehouse—I found a certain office near that place, and on the top of it I found these pieces of handkerchiefs.
Cross-examined by MR. DOANL. Q. You found them some what secreted?
A. Yes—I stood and saw them—I do not think that would be a convenient place to put them if a person wished to smuggle them.
JAMES SLATER re-examined, I know the box used for the office in No. 1, the prisoner's duty brought him close by it—the handkerchiefs were not being packed—the boxes that contained them were on the quays, about forty yards from the office—they were on his beat.
Cross-examined by MR. PAYNE. Q. Do not those packages come in ready packed and matted over? A. Yes—I did not look into any of them before this Sunday—it is not my business—I know they contained bandana silk handkerchiefs, because I saw several cases on the quay—they were in sheds, with the doors padlocked—the packages would be locked up on Saturday evening at four o'clock—I never said there were handkerchiefs lying about on the quays—there would be more persons leave on Saturday than on Sunday—the prisoner would be on duty on Sunday as well as Saturday—he would have a better opportunity of moving them on Sunday—I did not see the officer find the handkerchiefs—supposing they were stolen on Saturday, they could have been placed on the top the office, out of the view of persons walking about, till Sunday.
Q. Do you think that Sunday would be a more favourable day to smuggle them out than another day? A. I do; there would be a greater number of persons passing and repassing on Saturday—a man would have a better opportunity of stowing them about his body on Sunday than on Saturday.
JOSEPH BURTON . I am superintendant of the silk department in the St. Katherine's Docks. I delivered eight trunks of silk handkerchiefs at the London Docks on, the 23rd of March; they were marked as containing bandanas—nearly all of this description—they are the same pattern—they were not marked—they were packed in bond, and delivered in charge of an officer, not to be used in this country without paying the duty.
Cross-examined by MR. DOANE. Q. Did you deliver them to officer? A. No; to the carter—I saw them filled myself—they were closed up fit for exportation—they are sometimes opened at the London Docks by the searchers; I understand they have right to do so.
WILLIAM HILL . I am a custom-house officer. On the 23rd of March, I received the eight trunks of bandanas from the St. Katherine Docks, they were deposited at the No, 1 and 2 Warehouses, and left on the quay.
Cross-examined by MR. PAYNE. Q. They were all packed up and matted? A. Yes; I did not see what was in them—I do not know they were the trunks Burton was speaking of.
STEPHEN POPE . I am the foreman of No. 1 Warehouse, London Docks, On the 23rd of March, I received nine trunks, they remained from the 23rd to the 29th, and were then shipped on board a vessel which sailed—I saw them before they went on board; they were packed in trunks, apparently with matting over them, and double-corded over that.
Cross-examined by MR. DOANE. Q. You saw them arrive? A. Yes; and had my eye on them till the 29th—I cannot say whether they had the same appearance, there were none loose.
MR. BONKIN. Q. It is your duty to look very sharply after those things? A. Yes; I think we are too much about for a person to have taken them from the 23rd to the 29th, in the day-time—I am not there on Sunday—the prisoner was a day watchman.
THOMAS BERRY . I am foreman of No. 2 Warehouse, at the London Docks—I received some trunks from St. Katherine Docks, numbered and marked the 23rd—they were shipped on the 26th and 28th, early in the morning—I had not heard of this robbery, when they were shipped, they were corded—I do not think a person could undo them and take any thing out without being observed.
Cross-examined by MR. PAYNE Q. Would it not be difficult to do it in the day? A. Yes.
MR. BODKIN. Q. Can you tell us of any way in which a person could get possession of them in the docks? A. No; the trunks were put into the vessel at the docks—I have the mate's note.
Prisoner. I had them given to me by a person I thought was an officer, to take them out—I did not know the man, nor what ship he came from, nor where he lived.
(W. Banberry, and George Clements, custom-house officer; W. Meed, Thomas Sparrow, tailor and draper, New-road; Peter Furze, of Clerkenwell; and Edward Maunder, of Clerkenwell, gave the prisoner a good character.)
GUILTY . Aged 34— Transported for Seven Years.
PAUL ROBERTS . I am in the employ of Judith Cummins, of Thames-street, a cheesemonger—I missed this side of bacon, on 14th of April—it was hanging on the door-post inside—I have no private mark, but the general appearance and the weight are the same—it resembles it in all respects.
MARTHA MACKAY . I live next door to Mrs. Cummins—I saw a man put his foot inside the door, and take a side of bacon—he had a pair of white stockings and small clothes, and fustian coat on at the time—I cannot swear to the man.
Prisoner. Q. What time was it? A. From nine till about a quarter past nine—I was standing on the threshold of the door.
JAMES BOLLAND . I live in sugar-loaf-court, Garlick-hill. At twenty minutes past nine o'clock, I was standing at the corner of Little Trinity-lane, and saw the prisoner coming from the prosecutrix's house—I told the watchman, he took no notice of it—the prisoner turned, and then ran with the bacon on his shoulder—I told the watchman three times of it, he took no notice—I told him if he would come after me, I would go and stop the man—I went and stopped him opposite the Peacock, in Trinity-lane—he said, he had brought it from Fresh-wharf, and was going to take it to a chandler's shop in Newgate-street—he put it down and made use of very bad language, and said, I might carry it myself.
Prisoner's Defence, A man said he had sprained his ancle, and asked me to carry this to Shoe-lane, and he would pay me—I did not know the man, nor what number I was to carry it to—he was behind, and when I turned round, I could find nothing of him.
J. BOLLAND re-examined. He was dressed in white stockings, Knee breeches, and a long fustian coat.
(Ann Sermon, of Grange-row, Bermondsey, gave the prisoner a good character.)
GUILTY . Aged 25,— Confined Three Months.
JOSEPH DOSSETT . I am constable of Hackney, On Saturday, the 30th of April, at ten minutes to one o'clock, I was going through Fenchurch-street, my man was driving me in my gig—I saw the prisoner take a gentleman's pocket up, and take out his handkerchief; I stopped the gig, got out, and the prisoner turned up Lime-street—I followed him—he threw down this handkerchief against some butter flats—I took him, and took him to the Mansion-house.
Prisoner. I never saw the handkerchief.
GUILTY .* Aged 18.— Transported for Seven Years.
ROBERT BUTTS . I live at Dalston, and am an auctioneer. On the 29th of April, at half-past nine o'clock, I was coming from Snow-hill, and felt a jerk at my pocket; I turned, and saw the prisoner drop my handkerchief, I took him and gave him to the officer.
prisoner. I saw a lot of boys after picking that gentleman's pocket, and he took me into custody for it—I did not tell the gentleman that it was the other boys who took the handkerchief out—they dropped it down—I was going to take it up and give it to the gentleman—the other boys ran away.
(Property produced and sworn to.)
(The prisoner put in a written defence, stating, that he saw the handkerchief on the ground, and when he took it up, he was apprehended.)
GUILTY . Aged 15.— Transported for Seven Years.
1173. GEORGE BENNETT , was indicted for stealing, on the 20th of April, 1 1/2 yards of canvass, value 6d.; 43 yards of linen cloth, value 12l. 16s.; and 64 yards of dowlas, value 3l. 12s., the goods of John Mirriles.—Three other Counts, stating it to belong to different persons; to which the prisoner pleaded.
GUILTY . Aged 53.— Confined One Year.
CHARLES MILES SMITH . I live in Little Moorfields, and am a butcher, On Saturday night, the 16th of April, the prisoner was in my house from half-past seven till nine o'clock—she came unknown to me to see my wife, her mistress—she had been a char-woman there, and I caught her in the parlour—I had occasion to go a bowl on the desk, to get money to give change—there were four half-crowns, and two shillings, and sixpence in it—I had not change enough there—I put it into the bowl again, and in five minutes I went again, and there were only there half-crowns in it—I returned in ten minutes, and found her with her hand in my bowl, and one half-crown in her hand—I asked what she was doing, she threw herself on the
ground, and I missed two half-crowns, and one shilling—I called in two policeman—they asked if she had any money—she said no—they found two shillings and sixpence in her shoe.
Cross-examined by MR. DOANE. Q. How much was in the bowl at first? A. Four half-crowns, two shillings, and one sixpence; she threw down one half-crown, and one shilling—I cannot account for the other half-crown—I saw her hand in the bowl when I went into the shop, I saw her through the window, I said, "What are you about?"—I opened the door and went into the room again; she had thrown herself down, and one half-crown and one shilling fell on the floor—there were two shillings in the bowl—there was one half-crown in the prisoner's left hand and none in the bowl.
THOMAS PINE . I am a policeman—I went with the prisoner to the station-house as she was being conveyed there, she dropped half a-crown, which I accused her of, she denied it—I said, "I will have no altercation about it, go on;" she went a step or two, and then dropped another, I said, "What do you say?" to this she said, "They are my own earnings."
Prisoner's Defence. It was my own money—I was very much intoxicated, and quite insensible—when I went up stairs, I had more to drink with her.
The prisoner received a good character.
GUILTY . Aged 35.—Recommended by the Jury— Confined Three Months.
1175. WILLIAM HAGGER , was indicted for feloniously receiving on the 21st of March, 16 half-crowns 60 shillings, and 40 sixpences, the monies of James Maskell; and 8 sovereigns, 1 half-sovereign, and 15 shillings, the monies of William Chaplin; well-knowing the same to have been stolen, against the Statute, &c.
JAMES MASKELL. I am book-Keeper at the White-Horse, Fetter-lane, on Monday, the 21st of March, I left the office at a quarter before ten o'clock—I locked my desk—there was about 5l. or 6l. loose in the desk; the next morning very early, I was fetched by a porter, and discovered this robbery, of which James Duncan has been convicted—he was tried last sessions—I went to Duncan's house, be told me a great deal—in consequence of that, I went to this prisoner's house, in Wych-street, Strand—I did not discover any property bat I had missed.
JAMES FALLON . I know a boy of the name of Duncan, he was tried for this robbery at the White Horse, Fetter-lane. I had got a Key of the office—I could go in when I pleased—I had it about two days before the robbery—I knew Hagger, by working up the yard—I worked there, but Hagger had been turned out—he had been to help his father to clean the horses about eight days before the robbery—I went to Hagger's house, his father sent me there—I did not say any thing to Hagger—he asked me to take a walk, and I asked him how much money he had, and he told me had 1l. 12s. in money, that was taken from the office—we were not talking about it—I asked him how much he got of the money.
Q. What money? A. The money taken from the White Horse—I do not know who began the conversation—we had walked about a mile up the Kent-road—we had not talked about any thing—he said he had spent he 1l. 12s. that Duncan fetched the money to his house, he did not say.
where it came from—he told me he had been to Woolwich and spent the whole money—I supposed it was the money he got from the White Horse.
Q. Tell us the whole conversation? A. He asked me to take a walk, I asked him how much money he had—he told me 1l. 12s.—that is all I know.
Q. What did you mean by saying it was the money from the White Horse? A. Because I thought he could not get it any where else—we did not talk about Duncan.
Cross-examined by MR. PHILLIPS. Q. Duncan has been convicted, and you were taken up for it? A. Yes.
CHARLES WALLER . I am an officer. I took the prisoner into custody, at No.41, Wych-street, Strand, about a fortnight after the robbery, (last Sunday fortnight, the 24th of April)—I had a key, which I found behind the waterbutt in the cellar, at No.41, Wych-street—that was the Key of the office at the White Horse—I told the prisoner I wanted him—he said, so he had heard—before I said any thing to him about the money he said, "I had none of the money"—I told him that I supposed he had heard all about it—he said "Yes"—I told him if he had anything to say, to say it before a Magistrate, not to say it to me, as perhaps it would be evidence against him—his father was sitting in the room at the time—he said no more till I was coming down Fleet-street—I asked him if he had seen Fallon, he said, "No"—I then said, "Fallon said that you had 1l. 12s. of the money"—he said, "No, I had but 1l. or so"—he said Duncan had brought the parcels and the Key to No. 41, Wych-street, to his house—that he was in bed—that Duncan opened the parcels and burnt the paper over the candle—he then went down into the cellar with Duncan, and Duncan put the money in a pot in the brick wall, and he himself had put the Key behind the water-butt—the next day, after being at the office, on taking him to the Compter, he said, "I did not tell Fallon that I had 1l. 12s. of the money, I had one sovereign and two new shillings, which I took off the table myself," that was all he said, except that he had been into the country to look for employment.
Cross-examined. Q. Why did you begin to question him, was it that you might draw something out of him, after you told him not to say any thing? A. I merely asked him if he saw Fallon, because Fallon said that he had not seen him at all—I was not alone, my brother officer was with me—he said he had not seen him—I asked him that question in the house as well as out—I said, Fallon says you had 1l. 12s. of the money"—my fellow-officer's name is Nunns—I can give no reason why he is not here—he heard it—Fallon had told the Magistrate that the prisoner had 1l. 12s.,—I took Fallon from the court here after the trial last sessions—he had been tried and acquitted—he was in custody after he gave his evidence—I saw Nunns this morning.
Prisoner's Defence. I know nothing about it—Fallon told me to go away—I told him I would not have any thing to do with it—he said he would, we should only get three months a-piece, and that would do us good.
(John Smith, a boot-marker of Wych-street, and Mr. Greenwood, a whipmarker, of Wych-street, gave the prisoner a good character.)
GUILTY . Aged 16.— Transported for Seven Years.
First Jury before Mr. Recorder.
GUILTY .* Aged 18.— Transported for Seven Years.
OLD COURT,—Thursday, May 12th, 1836.
Second Jury before Mr. Sergeant Arabin.
THOMAS HENRY HARTLEY . I live in Earl-street, Westminster. On the 14th of April I left my cloak in my gig, about half-past eleven o'clock, at the door of Mr. Good's shop, in White-street, Cripplegate—I was absent five or ten minutes—when I came back the cloak was gone—I had looked at it once or twice during that, time, and seen it safe, having nobody to mind the horse. I received information, and ran in one direction and the witness in another, and secured the prisoner—this is my cloak.
Prisoner's Defence. A man gave me the cloak, he asked me to go and clean it for him, and said he would give me 1d.
GUILTY . Aged 14.— Transported for Seven Years.
WILLIAM TAYOR . I am a soda-water manufacturer at Walworth—I lost my coat of the front of my cart in the square, leading from New-Compton-street to Seven Dials—I was absent from my cart about a minute and a half, and was told the coat was gone—I turned round the corner and caught sight of the prisoner, and shortly after he turned the second corner, I took him with the coat in his possession—he said, "What was a family to do starving?"—I said, "I thought there was work for him, if he tried to get it."
(Property produced and sworn to.)
Prisoner's Defence. I work at the water-said, but could get nothing to do.
GUILTY . Aged 36.— Transported for Seven Years.
HENRY CLARK . I was in Butcher-half-lane—rather before eight o'clock, in the evening of the 4th of May, Mr. Cook gave me information—I felt my pocket, and my handkerchief was gone—he directed my attention to the prisoner, who was close to me, and said he had my handkerchief—we charged him with it, and drew it from his trowsers—this is it.
WILLIAM COOK . I am a ribbon-dresser—I was in the street, and saw the prisoner lift up the tail of the prosecutor's coat, and take the handkerchief from it—he attempted to put it under his jacket, but at last put it
under his trowsers—I informed the prosecutor and secured the prisoner, and took it from his trowsers.
Prisoner. I picked it up.
GUILTY . Aged 14.— Confined Six Weeks and Whipped.
Before Mr. Justice Park.
1179. HENRY STARR was indicted for stealing a letter containing a £10 note which had come into his hands by virtue of his employment as a letter-carrier to the General Post Office, and MARY ANN (his wife) was indicted for feloniously receiving the same, well knowing it to have been stolen. Other Counts for a common larceny.
MR. ADOLPHES on behalf of the prosecution declined offering any evidence against the female prisoner, and Henry Starr Pleaded.
GUILTY to the Larceny.— Confined One Year.
No evidence was offered on the other counts.
Before Mr. Justice Coleridge.
1180. WILLIAM TOMKINS was indicted for burglariously breaking and entering the dwelling-house of Thomas Capps about the hour of one in the night of the 6th of April and stealing therin 16 watches, value 20l.; 14 spoons, value 3l. 5s.; 1 musical box, value 12s.; 1 painting, value 10s.; 6 rings, value 1l.; 2 necklaces, value 1s.; 3 seals, value 7s.; 3 watch-Keys, value 5s.; 1 pair of ear-rings, value 2s.; and 4 shirts, value 1l. his goods.
THOMAS CAPPS . I am a pawnbroker, and live in Old-street-road, I have know the prisoner from four to six months—the came to my shop three or four months ago and purchased a-coat and paid for it by five, six or seven instalments—it came to 9s.—he paid the last instalment a few weeks after he first purchased it—when he bought it he gave me the name of Kisby, which he told me how to spell—I don't remember his giving a Christian name—(I saw him again the day after the robbery and the succeeding day—I saw him pass my house two or three times in the course of each day)—on the night of the 5th of April I went to bed about a quarter or half-past eleven o'clock—I was not the last person up—I did not secure the doors and windows myself—my wife invariably does that—we were called up by the police about a quarter after two o'clock—I went down stairs, and found the sliding-case of the window open—it had been slid along and the watches taken out—no violence was used—the outside shutters were quite safely closed as they were left—the policemen had found my door open—the shutters are fastened inside—I found them perfectly secure—I found the private door open—on violence whatever had been used to it—I missed the articles stated in the indictment, which were worth about 30l.
Cross-examined by MR. PHILLIPS. Q. Do you know the prisoner well? A. I do—he could easily have been apprehended if suspected when he passed my house—the robbery took place on the might of Tuesday the 5th—the prisoner was taken up on the Thursday in the same week.
WALTER FARRANT . I am shopman to Mr. Dobree, a pawnbroker in Charlottle-street, Fitzroy-square. On Wednesday, the 6th of April, between ten and eleven o'clock, as near as I can recollect, a person resembling the prisoner brought this watch to our shop—I should say it was him, but he was dressed differently—he had on a light fustian coat—he pawned the watch for 15s. in the name of Thomas Kisby—I had never seen him before—it is my belief it was him, but I am not able to swear positively
to him—I was before the magistrate on the Saturday following—I saw him then—and he was dressed as he is now.
Cross-examined. Q. I believe then you did not undertake to swear to him positively? A. No.
THOMAS HUGHES . I am shopman to Mr. Baylis, a pawnbroker in Hampstead-road. I produce a silver watch which was pawned for 10s. on the 6th of April about two o'clock in the afternoon by a person resembling the prisoner, but I can't swear to him—I can't recollect how he was dressed—from my recollection I believe it to be the prisoner, but not positively to swear to him—he gave the name of Henry Dennis.
EDMUND BROWN . I am shopman to Mr. Franklin, a pawnbroker in Tottenham-court-road. I produce a watch pawned on the 6th of April between nine and ten o'clock in the morning (as near as I can remember) for 18s.—I took it in pawn of the prisoner—I am quite sure of him—he was dressed in a light coat to the best of my recollection—I never knew him before—he was a few minutes in the shop—I noticed the peculiarity of the address he gave, which was John Denmark, Denmark-street—I gave him a duplicates—I am quite certain of him.
Cross-examined. Q. How many minutes might he be in the shop? A. It might be five minutes—nobody else was there at the time—I won't swear he had not a dark dress on—I believe it to be a light coat—I swear it was not a black coat or a dark one—I think I may with safety—I believe I said just now I would not say it was not a dark dress—I am sure he is the man.
COURT. Q. How soon after the 6th of April did you see the prisoner? A. On the Saturday—I do not remember how he was dressed then—I knew him on Saturday.
WILLIAM FRANAH . I am shopman to Mr. Brickhill a pawnbroker in Tottenham-court-road—I produce a watch pawned by a man in the name of William Crook for 16s. on the 6th of April, in the afternoon—I don't exactly know the time—I believe it was the prisoner—I cannot positively swear to him—I don't remember how he was dressed.
THOMAS CAPPS re-examined. I have seen all the watches and know them to be mine—they have my private mark on them—when I saw the prisoner on the 6th or 7th of April he had a sort of washed-out fustian or jean coat.
GEORGE KEMP . I am a policeman. I apprehended the prisoner on Saturday, the 9th of April, in Tabernacle-square, near Cross-street—I did not know him before—he had been described to me by Mr. Capp's man who was running after him—he is not here—the prisoner was pruning very fast—he asked me what I took him for—I asked if he knew Mr. Capps—he said he did, and that he had bought a coat of him—I said I wanted him on suspicion of breaking into Mr. Capps's shop—and he denied all knowledge of it—I asked his name—he said William Tomkins—I asked if he ever went by any other name—he said no he did not—I searched him and found two duplicates on him both in the name of John McDonald—he said that was his own property and he pawned them in a different name, not wishing his friends to know about it—I took him to the station-house—Mr. Capps came in and said he was the man who had bought a coat of him in the names of Kisby and he denied it, and said he never bought it in that name at all.—I asked in what name he bought it, and he said he did not know.
Cross-examined. Q. He did not deny having bought the coat? A. No—I did not know it till he table me—the duplicates were for a handkerchief and waistcoat I have no doubt they are his own.
Prisoner's Defence. I have witnesses to prove I was at house that night.
ANN TAYLOR . I am the wife of James Taylor, a tailor living in New-inn-yard, Curtain-road, Shoreditch. I have known the prisoner about six months—on the Wednesday morning in the Easter week, the 6th of April, he called at my house between nine and ten o'clock, he staid there till nearly three o'clock in the afternoon—he was in my house all that time waiting for my husband to put a few buttons on his coat—my hasband did not come in, and he was waiting till he did come in.
COURT. Q. Did you know him before? A. I have know him from October—a person called at my house to inquire after the prisoner—I do not know whether he was a policeman—he was in plain clothes—he asked me if a man of the name of Kisby had ever lodged in my house—I said no—he then asked if the name of Tomkins ever lodged with me—I said, "Yes, before Christmas last"—he asked what kind of a young man he was—I said quite a young man who went out early in the morning and came home early at night—he asked if he had companions—I said no—he was quite a young man—he said—"Do you know he is taken up for house-breaking?"—I said I did not know of it and asked him where.
MARY PRIVET . My husband is a porter, and lives in Sermon-lane Doctor's Commons. The prisoner came to our house on Easter-Monday, and took a lodging, and I had a reference to Mr. Price, a lien-draper, in kingsland-road, which satisfied me—I saw him in my house, on Tuesday night, at half-past eight o'clock, and he was in bed before nine—I am quite certain of that—I saw him next morning—I spoke to him—he left the house before eight o'clock—he had no appearance of having been out all night.
COURT. Q. Did you go into his bed-room in the morning? A. No; my daughter carried his boots up to his door, and he took them in—I went into his bed-room after he went out, it appeared that he had been sleeping there—he had a dark brown coat on—he lodged with me until Saturday morning—I am not aware that the coat wanted any buttons—he had no old fustian light coloured coat, to my knowledge, I never saw him in anything but the dark brown coat all the while he was in my house—he had no cloths but what he had on his back.
GEORGE KEMP re-examined. I went to Mrs. Taylor's house to make inquiry about the prisoner, and asked her when she had seen him last—she told me positively, she had not seen him ever since he left lodging.
ANN TAYLOR re-examined. I remember a person coming in plain clothes—I cannot say whether that policeman is the person—I think he was about his size—only one person came to me—I did not tell him, I had not seen the prisoner since he left my lodging, I am quite certain—he left lodging with me in January last—I said I did not know what he was doing—I saw him on the Wednesday and Friday in Easter-week—he was in my house for an hour and a half—I did not tell the person so—I said, I did not know what he had been about since he lodged with me.
MR. PHILLIPS. Q. His question was, "Do you know what he is about?" and your answer was, "No"? A. Yes.
GEORGE KEMP re-examined. I went to Mrs. Taylor's house after the prisoner was in custody—I cannot say exactly on what day—I made some inquiry about him, and she said, that she had not seen him since he left lodging with her—that was what she said, I will swear positively—I had
particular reasons for asking the question—she might have said, she did not know what he had been doing since that.
Q. Might not that have been what she said, and nothing else? A. No; I asked her particularly when she had seen him last, and she said, she had not seen him since he left their lodging—she did tell me when he left lodging with her, but I cannot recollect exactly the time.
MR. PHILLIPS. Q. Do you recollect asking her if she knew a young man named Kisby? A. I do; and she said, she did not—I then asked about Tomkins, and she said, he had lodged with her—the prisoner had told me so before that—I went to both his lodgings.
NOT GUILTY .
Before Mr. Justice Park.
1181. MICHAEL SULLIVAN and WILLIAM ADAMS , were indicted for burglariously breaking and entering the dwelling-house of John Fryer, about the hour of one in the night of the 19th of April, at St. Dunstan, Stebon-heath, alias Stepney; with intent to steal, and stealing therein, 1 clock, value 1I.; 1 coat, value 4l.; 1 pair of trowsers, value 2l.; 1 waistcoat, value 1l.; 1 frock, value 3s.; and 3 spoons, value 5s., his property.
JOHN FRYER . I am a tobacconist, and live at Ratcliff-highway. On Tuesday, the 19th of April, I was the first person up—I got up a little before seven o'clock—it had been light for some time—I have a niece at my house, my wife, and myself, but no servants—I had gone to bed at half-past ten o'clock, and my lodger came in a little before eleven o'clock—I heard him come in after I was in bed—he a Key—I know he shut the door, because I found it locked next morning—when I came down, I found the parlour window open, which looks into the yard, and the escrutoire drawers drawn out—the yard leads to a wharf—the window was only thrown up—it had been shut down the night before, but not fastened—it had no shutters to it—I missed a suit of clothes, my wife's cloak, and & child's frock from the drawers—I have a slight knowledge of Sullivan, by sight—I do not know where I have seen him, but I am certain I have seen him before—this is my wife's cloak (looking at it.)
WILLIAM OSMAN . I am a policeman. On Tuesday, the 19th of April, I saw the prisoner and four or five more, standing with them, about a quarter or twenty minutes to one o'clock at night, at the corner of New Gravel-lane, about a quarter of a mile from the prosecutor's premises—I knew them both before—I ordered them to go on, and not stand there—they went away—the prisoners went in the direction for Mr. Fryer's house—on the Saturday following, the 23rd, I saw Sullivan in High-street, Shadwell, between twelve and one o'clock in the middle of the night, walking along with another man, who I did not then know—I followed them—they went into a night-house—I followed them, and there was the prisoner Sullivan, the other man, two or three girls of the town, a coachman, and some other person; Sullivan was standing up, and I think drinking when I went in, I told him, when he had drank what he had got there, I should want him to go with me—I did not say what for—he staid a few minutes, and then asked me if I meant to take him, I said I did; he said he would be d—d if I should take him—I called in two policeman, whom I had left at the door, and took him; as I went to the station-house, he asked me what I had taken him for—I told him I would tell him when I got to the
station-house; and when I got there, the sergeant on duty informed him what it was for—I sent for Shaw, a policeman, and he took the man into custody who was with Sullivan.
WILLIAM SHAW . I am a policeman. About one or two o'clock on Tuesday night, on the 19th of March, Monday, an officer, who is ill, called me to him—I went with him to Juniper-row, Shadwell—there is a wooden bridge that goes over a rope ground, and under the arch of that bridge I saw Monday pick up this cloak—in consequence of a noise made by a dog I went about, and afterwards came back to near the same place—I heard footsteps on the bridge, and saw it was the prisoner Adams coming down the steps of the bridge, and he turned to where Monday had taken the cloak from—the bridge is about 200 yards from Fryer's—when he saw us he started, and went on one side for a particular purpose—he began to unbutton a portion of his dress, and pretended to sit down—I did not take him at that time—I left Monday there and went on the bridge—I there saw Sullivan—I knew him before by sight—I said, "What do you do waiting here?"—he said he was waiting for a young chap who had just gone down to ease himself—I then asked were he was going—he said home—I asked him where he came from—he said, from Vinegar-lane—that is not near the prosecutor's—Monday then came up with Adams, and Adams called out loudly, "We have been to the Pavilion, that is where we have come from"—he had been near enough to her me question Sullivan—the Pavilion is not near Vinegar-lane—Sullivan was near enough to hear him say this—I followed Sullivan and kept close to him for nearly one hundred yards, and then he suddenly gave me a kick on the ancle, and said, "B—if I will go with you though"—he ran away down Shadwell-market—I sprang my rattle, and called, "Stop thief"—he outran me—I went back, and Adams was secured by Monday, and was taken to the station-house—Osman afterwards apprehended Sullivan, and sent for me.
Cross-examined by MR. PHILLIPS. Q. Is Monday here? A. No; he is ill—I believe two other men, and two woman were taken up on suspicion of this robbery.
NOT GUILTY .
Before Mr. Justice Park.
1182. MARGARET FENWICK was indicted for stealing, on the 10th of April, 1 spoon, value 10s.; 1 table-cloth, value 2s.; 7 Knives, value 3s.; 1 fork, value 6d.; 1 towel, value 6d.; 2 keys, value 2d.; 1 pint of Embden groats, value 2d.; 3 handkerchiefs, value 3s.; 1 shift, value 2s.; 1 night-gown, value 2s.; and 1 apron, value 6d.; the goods of Thomas Winkcup, her master: and 1 shawl, value 5l.; 4 handkerchiefs, value 6s.; 2 shifts, value 5s.; 1 petticoat, value 1s.; 1 pair of shoes, value 1s.; 1 pair of boots, value 1s.; 2 stocking, value 3s.; 1 purse, value 6d.; and 4 pieces of foreign coin, value 1s. 3d.; the goods of GEORGE ERNST BRITTEN , in the dwelling-house of the said Thomas Winkcup ; and ANN WEEMES for feloniously receiving 1 table-cloth, 7 knives, 1 fork, 1 towel, 2 handkerchiefs 1 spoon, 1 pint Embden groats, and 2 keys, the goods of the said Thomas Winkcup, well knowing them to have been stolen.
THOMAS WINKCUP . I am a Baker, and live in Princes-street, Cavendish-square, in the parish of St. Marylebone. the prisoner Fenwick was in my service for three months—I know nothing of Weemes—in consequence of information which I received, I watched Fenwick, and followed her on Sunday night, the 10th of April, along Princes-street, about ten o'clock—I saw she got a bundle in her apron—I asked her where she
was going, or what she about—she gave me no answer at that moment—I brought her back to my own door, and then she said, "What will you do with me, Sir? I hope you will not transport me"—and at that moment Mr. Ingall brought up the prisoner Weemes with another bundle—I immediately sent for an officer, and gave them in charge, begging him to keep the bundles separate—I had never seen Weemes before—I saw the bundles examined at the station-house—they contained my property.
ISABELLA WINKCUP . I am the prosecutor's niece, and live with him On the Sunday evening in Question, I was at the shop door, and saw Fenwick come out at the private door, and go half way up the street, towards Cavendish-square, with two bundle—I asked her where she was going, she said, she was going to get some plate for the lodger—we have only one lodger—I offered to go with her—she said she did not want me, and left me—she turned the corner towards the square—I came back to my uncle's shop-door, and then saw her on the opposite side of Princes-street, with two bundles—I saw Weemes about half a yard beyond her—I did not see them speak together—I saw the bundles at High-street Office on the Monday, and I knew the property to belong to my uncle.
WILLIAM INGALL . I am & chemist, and live in Circus-street, St. Mary-le-bone, nearly a mile from Princes-street, I know Mr. Winkup—in consequence of information I was on the watch in Princes-street—I saw the prosecutor cross the and take Fenwick into custody—she had only one bundle—I saw Weemes carrying another bundle ten or fifteen yards from her—I followed her into Oxford-street and asked her what she had got in her bundle—she said she left me—she put the bundle into my ascertain the contents of it before she left me—she did not know—I told her I must hand and said I was welcome to take it—I took her back to Mr. Winkcup's—I asked her if she was not carrying the bundle for a young woman in Princes-street—she denied all knowledge of any thing of the kind—I did not name Fenwick.
MARY ECKETT . I am the wife of policeman. On Sunday the 10th of April, I was called in to search the prisoner—I found in Fenwick's bosom two white linen pocket-handkerchiefs, and at the same time a black silk purse dropped from her person, containing three foreign coins—I found two Keys in her pocket—they appear keys of boxes—I found a tooth-brush on her, but that is not claimed—I searched Weemes, and found in her bosom a pair of white silk stockings, and in her pocket a silver table-spoon, a paper of Embden groats, and three duplicates—I searched them separately.
GARRETT BARRY . I am a policeman. I was called in on Sunday evening, and received the prisoner in charge—I made them no promise or threat—I asked Fenwick why she had taken the things—she said she was unfortunate in doing so—Weemes was present—I asked Weemes where she got the bundle she had—she said she got it from Fenwick, to take home with her—Fenwick did not deny it—I asked Fenwick who belonged to—she said to Mr. Winkcup, and some to a lodger in the house—I have the bundles here.
THOMAS WINKCUP . re-examined. I have examined the bundle—here are some knives and forks, which were in Weemes's bundle, which are mine—these table cloths are mine—these keys belong to my linen chest—the things are worth 20s. or 30s.—the property taken from my house was worth 70l. or 80l.
purse is mine—I had some Italian coins in it—my property is worth 5l.—the shawl cost 20l.
FENWICK— GUILTY . Aged 28.— Transported for Life.
WEEMES— GUILTY . Aged 50.— transported for Fourteen Years.
There was another indictment against Fenwick.
First Jury before Mr. Recorder.
1183. CATHERINE COLLINS was indicted for stealing, on the 29th of March, 1 purse, value 2d.; 1 sock, value 2d.; 37 sovereigns, 4 half-sovereigns, 2 crowns, 11 half-crowns, 60 shillings, and 35 sixpences. the goods and monies of Jeremiah Riley, her master, in his dwelling-house.
CATHERINE RILEY . I am the wife of Jeremiah Riley, and live in Old Pye-street, Westminster. We keep a coal-shed, and have the whole house—we keep a few single men lodgers—the prisoner came to lodge with me, and said she was in great distress—about two days before this happened, I employed her to assist me—I believe she was eight weeks in the place before I employed her, which was on the 27th of March, to take care of the children, and mind the place for me—I gave her 1s. a week and her victuals and lodging—she said she was badly off, for her father had died in Kent, in the hop-grounds, and she was only nine months from Ireland—on the 28th of March I received from my husband thirty-seven sovereigns, four half-sovereigns and 6l. in silver, consisting of half-crowns, two crown, and three quantity of shillings and sixpence—my drawers were in the shop, and the money in them, but for fear of accident, I took it and kept it in my bosom until I went to bed, and then placed it under my pillow—the gold was in a red merino purse, and the silver in a child's sock—the purse of gold was in the sock with the silver—the prisoner sat in the room at the time I undressed and put it under the pillow—it was near eleven o'clock at night—the publican's wife came and called me out, as far as the door, to come and tell my husband to come home—he was across the street having a pint of beer—I then left the prisoner in the room, and found her there when I came back with my husband, which was in ten or fifteen minutes—there was nobody else in the room but two children, one four and the other five years old—I hid the prisoner good night, and she went up-stairs to bed, and in the morning I discovered that the money was gone—the prisoner was then gone—nobody but my husband had come into the room between the time of my going to bed and finding the prisoner in the room, and my missing the money.
Prisoner. She Keeps a house full of thieves, and every sort of people—there was more then ten in the room—two strange lodgers came into the room. Witness. My lodgers never used to go into bed-room—it is a little back parlour—there was nobody in the room except the prisoner and my two children when I left it to fetch my husband—there were no lodgers or strangers of any sort—I found the prisoner there when I returned—she did not say any body had been there in my absence—there were people in the Kitchen—it does not open into the back parlour where the money was—our property was not seized for rent—my husband did not want his horse and cart, and sold it—we had not taken our goods to any other place—I lived in the neighbourhood three years, and in that house nine months.
Prisoner, The reason I left her was because she was jealous of me and her husband, and was always jawing me.
Witness. If I was jealous of her I should not have employed her—she was two months in the house, but I only employed her two days—I never in my life charged her with being intimate with my husband—none of the lodgers are here—Seaton is a lodger—he had lodged with us about four months—I never said in his presence that she should live no longer in the house—I never jawed her, nor was I jealous of her.
Prisoner. Q. Have you any body here who ever saw you in your life with more than one pound's worth of silver? A. I could bring people who have seen me with 20l. and 40l.—I always had money—I have no one here to say so—my husband was told at Union-hall that he would not be wanted here, or he would soon be here.
COURT. Q. Do you know where he got this large sum? A. He had been saving it a long time—he gave it me, because we thought of going into a little business—I meant to put it into the bank.
Cross-examined by MR. PHILLIPS. Q. Do you know what cadging is? A. I am sure I don't know—I never got my living by cadging in my life—I saw my husband to-day at Westminster—he wanted to come here this morning—I believe he is in White-cross-street prison, for a little debt of 7l. 10s—he has been there since yesterday week—he was never summoned to any court for debate—my husband asked at Union-hall if he should come, and they ordered him not to come.
Q. What did you mean by saying your husband could be here very soon if he was wanted? A. I might send for him—people tell me that a witness can come out of any prison—I could go to two or there person who saw me with the money—even the coal-merchant has seen me pay for two rooms of coals together—if I thought of bringing my book from the savings bank it would show that—I drew 24l. together.
COURT. Q. Where did your husband get the money from? A. He earned it—he had it in his box that day, which was locked—he gave it to me and told me if the coals came in to pay for them when they were delivered—he gave me the money between ten and eleven o'clock in the day, and I put it in the drawer in the daytime—it was an old-fashioned drawer, and I could not lock it, so I thought it safer to take it out, which I did at nine o'clock at night—I left it in the drawer all day—I do not know how much a room of coals is—my husband used to pay for them—they did not come in that day—a room of coals does not coat so much as five guineas—I believe it is ten chaldrons, but I am not sure—I was to pay Mr. Johnson for them.
HENRY SEATON . I work at a steel factory, and lodge at Mr. Riley's house, and have done so about six months; I only know the prisoner by coming there as a lodger. On the 30th of March I got up about seven o'clock, or five or ten minutes after—I was going out, and heard some money fall on the ground—I went into the room, and saw the prisoner stooping picking up some half-crowns—she had a white sock or glove in her hand—she immediately got up, looked round, and I saw some gold in the other hand—I did not take any notice—she said, "Halloo!" and down stairs I went to my work, knowing Mrs. Riley was down in her bed—as I came from work in the evening I heard of Mrs. Riley losing her money, and told her what I had seen.
Prisoner. Q. How do you get your living? do you get up till between one and two o'clock in the day? A. I am generally out by five o'clock—I work at Mr. Johnson's at Millbank, and have been employed there about three years—I go to bed sometimes at ten o'clock, and sometimes at eleven—I
do not board and lodge at Riley's—I am there of a morning, and come home at night.
Cross-examined by MR. PHILLIPS. Q. Were you present at any quarrel between the prisoner and Mrs. Riley? A. Never—I have nor seen Mr. Riley this last week—I have heard he is in Whitecross-street—I thought it odd the prisoner should have gold, but it was not my business.
MRS. RILEY re-examined. Q. What is the your husband is in prison for? A. It is for rent—there were plenty of goods in the house to distrain upon—we had not sent any away—they are in the house still—there are five or six beds, chairs, tables, and linen, more than the amount of the rent—I do not know why they did not put in the distress—the horse and cart were taken by the landlord for the rent—the landlord claimed 7l. 10s. for rent—we paid 2l. for the horse—I do not know how much for the cart—we had had it three years.
EDWARD DUNDAS (policeman M 16.) I apprehended the prisoner on the 23rd of April, between ten and eleven o'clock at night, in a court in Woolpack-yard, Kent-street, Borough—I found her secreted in a cellar, after searching for her some time—there was no way of getting to the cellar without getting over a fence six feet high, or being lowered down out of a back-parlour window—I found a scaffold-rope there, by which she might have been let down—I asked her what brought her there—she said she had run away from her father, being afraid he would beat her, or something of that sort—this was not the house she lodged in, but an adjoining house—I searched her, but found nothing on her—she said her father's name was Collins, and he lived in the court; but I found no such person there—I was obliged to force down the fence to get her out—I told her the charge—she denied knowing any thing about the robbery, but acknowledged having lived at Mr. Riley's.
Prisoner. There were five or six open cellars for any body to go in. Witness. There is a little row of houses there, and the Kitchens are never occupied—the back part of the house is on a level with the bottom of the Kitchens, and fenced up—the top part of the house I found her in was occupied.
Prisoner's Defence. Her husband used to give her six or seven shillings at the most, at a time; and she suspected her lodgers of robbing her—when I heard she and the policeman were looking out for somebody, I thought (having left her) she might suspect me for something her husband had robbed her of, and I was afraid, if I was put into the station-house, I should never come out of it in my life—there was a passage to get to the cellar—the policeman asked me if there was a passage, but I would not please him by giving him any information, and refused to tell him—I told him the house in the court I lived at, and he went to it.
COURT. Q. How did she know you were looking for her, that she escaped; had you asked for her? A. No; I planted Mr. Riley to wait at the end of the court, while I went and searched for her—a female gave me information, which led me to the cellar.
NOT GUILTY .
CHRISTOPHER NIGLAND . I was in Curzon-street, on the 13th of April, and in consequence of information, I turned round, and went in pursuit of the prisoner—I saw him run down against the market, and drop my handkerchief—I took it up—this is it, my name in on it—it was safe in my pocket just before.
Prisoner. Q. Did you feel any body at your pocket? A. Yes, I did; and looked round, and the gentleman called out to me, at the same time the policeman caught hold of him.
Prisoner. I was on master's business in Curzon-street; two boys ran by me, and threw the handkerchief at my feet. Witness. I did not see two boys—I saw the prisoner with it—he was running away—there was no other boy—the gentleman who took gave me the information, said, the prisoner was the person who took it—as soon as I turned round, I saw him five or six paces off me.
JAMES HARRISON , (policeman C I.) On the the 13th of April, between one and two o'clock, I heard a cry of "Stop thief," in Shepherd's-market—a man caught the prisoner in his arms; I collared him, and took him back, and met the prosecutor with handkerchief in his hand—there was a labouring man who said he saw the prisoner take the handkerchief from the prosecutor's pocket, but I could not get him to go down to the station-house.
Prisoner. Q. Was the gentleman who said I took it, in the market? A. He was with the prosecutor, standing in the mob—I saw you running before a mob of persons—you were taken about 100 yards from Curzon-street.
Prisoner. An order was found on me, for some goods for master. Witness. I found no order on him—there was a paper found on him, I forget what it was about—he told me he was working at a play-house in Windmill-street.
†Aged 19.— Transported for Fourteen Years.
NEW COURT,—Thursday, May 12th, 1836.
Sixth Jury, before Mr. Common Sergeant.
JAMES DUFFETT . I live in Great Wild-street, Lincoln's-inn Fields. At ten o'clock at night, on the 15th of April, I was going down's court to repair some pipe which had been cut off two days previously from another house—I passed this door and heard the water run—I went into the passage and heard nobody, and could see nobody—it was all dark—I went back, got a light, and went down, and on the top of the cistern I saw what I thought was a man's coat—I found the prisoner in the cistern—I said, "What do you do here"—he said he was so sick—I called the lodgers down into the Kitchen, where he was—they got a policeman, and he was given in charge—I jumped on the cistern to see what he had been doing, and the front of the cistern was cut out and rolled up in the water, ready to carry off, and the ball was swimming on
the top—I went down to the station-house with the ball, and the Inspector sent the policeman back for the lead—when I called the lodgers the prisoner jumped down from the cistern, and shut a knife which he had in his hand—he put it into his pocket, put down his trowsers, which had been turned up to knees, and put his hand to his stomach, as if he had been very bad.
Prisoner. He stated that the lead was hanging, not entirely cut off, and he charges me with stealing the ball, and it was not found on me—it was still swimming in the water.
JAMES VICKARY . (police-constable F 26.) I went to the Kitchen of this house, and took the prisoner into custody—I went back and took the piece of lead out of the bottom of the cistern—I fitted it to the front of the cistern, and found it fitted exactly—I found on the prisoner this knife, and duplicates for a ring and a shirt.
Prisoner's Defence. I went to work at the docks and was taken ill—I went into this house, and hearing some person coming I got in there to hide myself.
GUILTY . Aged 18.— Transported for Seven Years.
REV. JOHN RUSSELL , D.D. I am rector of Bishopagate On the 15th of April I was walking in Long-lane, about four o; clock—I wanted my handkerchief—I had had it in my pocket not a minute before—finding it was gone, I turned, and saw this boy moving, as if to avoid a crowd—he came just by me, and looked in my face—I said, "You have got my handkerchief, I will search you"—he then took out my handkerchief and threw it down—I took it up and he ran off—I ran, and gave an alarm, he was taken.
Prisoner. I saw a person throw it down, and picked it up.
GUILTY . Aged 14— Confined Three Months, and Whipped.
JOSEPH HENRY TUCKFIELD . I live in Whitechapel-road, and am salesman to Mr. John Aaron, pawnbroker—he sells planes and irons, On the 13th of April, at about eight o'clock in the morning, I was standing inside the door, and saw the prisoner walking away with something under his coat—I then examined, and missed a plane and ten irons—I walked after the prisoner about 100 yards and found him, and found them under his coat—he begged I would let him go—I gave him into custody.
Prisoner. It was distress that led me to do it—I had been without food two days and two nights—the plane was outside the door.
GUILTY. Aged 51.—Recommended to mercy by the Jury .
Confined Fourteen Days.
CHARLES JACKSON . I am a mattress-maker. On the 22nd of April I sent a bag of horse-hair to the workhouse, to be prepared for my business—it was returned, about seven o'clock in the evening, by one of the work-house-people—the man took it into a gate-way, which leads to my workshop,
and left it in the yard—as soon as he was gone I observed the prisoner, who was once employed by the parish, lurking about opposite my house, and I placed one of my men to watch—in ten minutes I observed the bag coming out of the gateway, on a man's shoulders, but I could not see who—the prisoner was taken and brought back with it—this is my bag and horse-hair.
JOHN HAWKINS , I was placed to watch in the shop through the window—I saw the prisoner coming out with the bag on his back—I pursued eight or ten yards—I caught him, he dropped the bag, and said, "Hawkins let me go"—I brought him back.
GUILTY . Aged 28.— Confined One Months.
JOSEPH CORPES . I am in the employ of Joseph Bark, a shoemaker. On the 9th of April there were some customers in the shop—I went opposite to get change for a sovereign, and saw the prisoner take two pairs of shoes from within the shop—I pursued and took him with them—he said, "I am not the man, there he goes"—he then threw three shoes down, and I took the other out of his pocket.
Prisoner. I saw them in the street, but I never touched them.
GUILTY . Aged 40.— Confined Six Months.
HENRY PATTESON SMITH . I am shopman to Thomas Hall of Bishopsgate-street. I was in the shop on the 5th of May, about nine o'clock in the evening—the prisoner came in for a skein of silk, and while I turned my back to get it out of the drawer he took thirteen handkerchiefs with his own handkerchief under his arm—I saw them through the corner of his handkerchief—he drawn them close to the edge of the counter, but they were not off the counter—I took hold of his collar—his arm was on the handkerchief on the counter—they were off the pile, and his handkerchief was rolled round them, but the corners were not tied—they were ready to put under his arm—they might have fallen from the pile by accident, but could not have got rolled up.
JURY. Q. Hoe long were you gone to get the silk? A. Not more than a minute—the bundle of handkerchiefs stood close by his side—he had time to get his handkerchief over them—there was a boy waiting outside who ran off as soon as I got the door.
Prisoner. I laid my handkerchief over them—they were not rolled up.
GUILTY . Aged 13— Transported for Seven Years.
HENRY PATTESON SMITH . I live with Mr. Thomas Hall, of Bishopagate-street. On the 18th of April a woman gave me information—I ran out and saw the prisoner in Bishopagate-street with something in his apron—I asked what he had got—he would not tell me at first—I opened his apron—he said it was something a boy gave him—I found there four shawls of my master's—they had been hanging about three feet inside the door—they were quite covered in his apron—he said he did not know what they were.
Prisoner. I was standing by the toy-shop—a boy came to me with them in his arms—he said, "Carry these for me"—I said, "Put them into my apron," and he did.
GUILTY . Aged 13.— Confined Nine Months, the last Fourteen Days solitary, and Whipped.
THOMAS MEAD . I am a butcher and live in Clarence-place, Hackney. On the 19th of April I had about 6lbs. and a half of mutton—that evening & policeman sent to my shop to say I had lost some mutton—I saw it again, and it was mine—I had not sold it—I have the tail-part of it here—I could swear to it from five hundred, from having taken the bark off.
GEORGE KEMP (police-constable N 87.) I was on duty and saw the two prisoners on the 19th of April with a third person loitering about several shops—they came to the prosecutor—Wood left the other two and took this mutton—Armstrong, stood with this bag ready to receive it—I crossed and took Armstrong, and another took Wood—Armstrong threw the away when I came near him.
PHILLIP REGNART . I am a French-polisher. I was with Kemp—I saw the two prisoner and a third go to several shops, and when they went to Mead's they stood one door off, and Wood went to the shop and took the mutton—I ran and took him—Armstrong stood with a bag in his hand ready to receive it.
ARMSTRONG— GUILTY . Aged 19.
WOOD— GUILTY . Aged 15.
Transported for Seven Years.
WILLIAM GOFTON . I live in Gilbert-street, Grosvenor-square, and am a pawnbroker. About three o'clock on the 19th of April, I observed the prisoner coming out of one of the boxes of my shop—I thought she looked very poorly—I asked if she had been in the boxes to be served—she said she had—she was brought back soon after with this hearth-rug—it is mine—I had not sold it.
LAWRENCE JOHN LIOMIN . I am in the employ of Mr. Gofton—I was going out of the private door and a young woman told me something—I went after the prisoner and found her in Cork-street with this hearth-rug under her apron—I said she had got our hearth-rug—she said, "Take it and
let me go"—it had been inside the shop on a couch—this was about three o'clock—I had seen the hearth-rug in the morning about ten or eleven o'clock—I swear that I saw it about ten o'clock.
Prisoner. I hope you will have mercy; I have a young family.
GUILTY . Aged 36— Confined Three Months.
THOMAS SHEVEREL . I keep the Hope and Anchor public-house, Hortford-street, Lisson-grove, Marylebone. On the 22nd of April, the prisoner came in about one o'clock, and had a pint of fourpenny ale he was sober—I had laid these two funnels on the counter—I missed them afterwards.
JOHN RYAN (police-sergeant D 2) I saw the prisoner a little after two o'clock going down Stingo-lane with one of these funnels under his arm—I took him to the station-house—he said, "I am done for now"—the other funnel was found in his pocket—the prosecutor said they were his.
Prisoner. I was very tipsey.
GUILTY . Aged 47,— Confined Three Months.
Cross-examined by MR. PHILLIPS. Q. How do you know that? A. They had been hanging at the door a short time previously—we have sold stockings marked like these, but I saw a pair marked like these hanging at the door.
THOMAS STURGESS SAUNDERSON . I live in Paul-street, my father is a shoe-maker, I had been in the service of the prosecutor. At half-past eleven o'clock that night I was at the prosecutor's door and saw the prisoner take these stockings from the door—I am sure he is the man—I caught hold of his arm—he got off—I ran and called my master.
Cross-examined. Q. Did you see him caught by the policeman? A. No; I had never seen him before—they were outside the door.
CLACDIUS DUMAS . I live in Anchor-street, Bethnal-green, About eleven o'clock on Saturday night I was in Swan-yard, Shoreditch, forty or fifty yards from Mr. Cook's—I saw the prisoner running in great haste—he fell down a yard a yard or two before me—he got up and began to run again—I heard a cry of "Stop thief"—I began to run, and at the corner of Anchor-street, I saw him drop something—I took it up—it was a pair of stockings—I have no doubt these are them—I gave them to the watchman.
Cross-examined. Q. Did he appear tipsy? A. I did not speak to him.
JAMES SWENEY (police-constable, H 80.) I heard a cry of "Stop thief"—I saw the prisoner running—I pursued two in three hundred yards, and took him in Club-row—he had been drinking, but was not so drunk as he appeared to be—he threw himself down, and we were forced to drag him some distance at last we persuaded him to walk.
Prisoner. I knew nothing at all about it till twelve o'clock on Sunday, when I awoke and found myself in the station-house.
GUILTY . Aged 34— Confined There Months.
WILLIAM LAMBERT . I am shopman to Mr. Griffith Francis, of Ratcliffe-highway, a grocer. On the 22nd of April I was telling up some packages of half-pence—the prisoner came in and I left off to serve her; and when she was gone I missed one of the packages, which contained forty-four pence in half-pence, and sixteen penny-pieces—I gave information to the policeman—I went with him to the Angel, in Back-road, and found the prisoner, and knew she was the person—the policeman called her out—I told her she must have been the person who took the half-pence—she said she had seen them—on the way to the station-house she delivered them up, saying she hoped I would let her go.
Prisoner. I told him, if I had got it, it must be in my basket (I was selling oysters) and he must have put them in—they were larking, and he asked me what I should call Davy—I said I should call that Davy; and if I had been at his christening, I should know what to call him. Witness. There was no such thing—my master's brother was in the shop, with the apprentice, doing up sugar—she wanted to be very jocular; but nothing passed about the name—I cannot say what words did pass—I wanted to get the shop shut up as it was very late.
JURY. Q. Might not this have fallen into her basket? A. No; they were in the middle of the counter.
ROBERT ROCHE (police-constable K 211.) I went to the public-house, about a hundred and fifty yards from where the prosecutor lives, and found the prisoner there—as I was taking her to the station-house, she gave me the money, and said the young man had put it into her basket in a lerk.
NOT GUILTY .
JOHN MILES . I live Copeland-street, Marylebone. On the 16th of April I was called into the street by Mr. Gibbs—I found the prisoner and Mr. Gibbs by a basket of potatoes, about seven or eight yards from my door—they were my potatoes—there were about 44lbs.
THOMAS GIBBS . I am a green-grocer, and live in Copeland-street, At eleven o'clock that evening I saw the prisoner take the basket of potatoes from the prosecutor's door—he took it to the second house, and put it down—I passed him, and then turned, and he took them up again—I seized him, and called Miles—they had been standing on the sill, or on the stone close to the sill.
Prisoner. They were some yards from the house—I was very badly off, and had nothing to eat.
GUILTY . Aged 21.— Confined One Month.
WILLIAM JAMES NUTTING . I was going along King-William-street about seven o'clock on the 11th of April—I had a handkerchief in my pocket when I left my own house—opposite the Mansion-house a gentleman came and told me it was gone—this is it.
Cross-examined by MR. DOANE. Q. You are sure you had it just before? A. Yes, I had used it.
WILLIAM ESWORTHY , I live in Collins-court, St. Dunstan's-hall, I saw the three prisoners standing by a lady who pulling out her purse, buying some apples—we went on the Post-office; and as we came back we saw the three prisoners still by the side of the lady—they went up Nicholas-lane—the prosecutor came by with his cloak on his arm—I saw Thomas take his handkerchief, and fold it up, and put it to his nose—I went and told Mr. Nutting—he told me to look for a policeman—there was not one—we went down Abchurch-lane, and saw Thomas and Wootton together, and Barnard on the opposite side—they were taken to the watch-house, and Barnard dropped the handkerchief.
Cross-examined. Q. What are you? A. I have worked for Navigation Company as a porter about twelve months, on board the steamers, getting the cargoes in and out when the steam-boats want hands—I worked five years in Messes. Bartleys employ, but now I am only employed by the steam-boats when they come in—the witness Burn is a lighterman—I have know him thirteen or fourteen months—I was going to take a walk with him, to put the letters or in the post-office—there were a great many of them—I saw Thomas put his hand into the prosecutor's pocket and draw out the handkerchief—I was on the opposite side—I went to the gentleman—I did not cry out in King William-street—the prosecutor had time to get to Nicholas-lane—he he had just got into Crooked-lane—I did not tell the prosecutor of it in King William-street, because he was walking on very quickly—I had got to Crooked-lane—Thomas, when he did it, was the first of the three—Barnard was on the curb side, and Wootton on the other side—Thomas was in front of them, not far off—Barnard dropped the handkerchief at the station-house—I suppose there was about three yards distance between Thomas, and Barnard, and Wootton—persons could not see it done without they could see over the other two prisoners
COURT. Q. Thomas was first? A. Yes—his band went into the pocket, and when he took the handkerchief they opened, and he passed between them down into Nicholas-lane, and the other two went on to the picture shop, and stopped there—we looked down Abchurch-lane, and could not find Wootton and Thomas—we went to one or two other places—we came back to Abchurch-lane, and there they were together.
THOMAS BURN , I am a lighterman, and was in King William-street about seven o'clock—I was going back to the counting-house—I was with Esworthy—we were going up to the post-office—we saw the three prisoners—I went to the post-office and came back, and there was a lady standing there, and the prisoners by her—I thought they were after her, but Mr. Nutting passed, and they all three followed him—Thomas was in front—the other two walked behind—and when they got just beyond Abchurch-lane, Thomas turned back with the handkerchief, and wiped his most in it—the others followed the gentleman on—we went to look for an officer and found one—we came back and found Wootton all Tomas standing at one corner together, and the other prisoner at the other corner—they were taken, and while two were being searched, Barnard put his hand over the back of the chair and dropped something—I told the officer to look and he found this handkerchief there.
Cross-examined. Q. Did you swear to the men without looking at their faces? A. I do not think I did—I do not know that I looked at there faces the first time—I do not know that I swore that it was Barnard and Wootton that were together in Abchurch-lane I think I have made a mistake—since I have been in the box I may have made a mistake in the
whole transaction—I did not ask the prosecutor if he had lost his handkerchief—the other witness did—he said, "Yes," and then we went the after the officer.
JURY, Q. How came your attention to be directed to them? A. They passed me as I was turning the corner going to the Post-office—nothing directed my attention to them but suspicion—I had forty-five letters, the other witness carried six of them—he had the foreign letters.
WILLIAM MERRILEES . I am an officer. The two witness came to me with the prosecutor—Wootton and Thomas were standing at the first corner of Abchurch-lane and Barnared on the other side—when Thomas me he came towards me—I called him and dragged him to Wootton—Barnard set off to run, but I called to the witness to take him—he had run about two yards when they caught him and took him to the watch-house, and was searching Thomas, and was about to search Wootton when the witness called out, "It is no use searching, here is the handkerchief behind the door"—Barnard was nearest to the place where the handkerchief dropped—he gave the name of Barnard, but now he is called Wootton.
WILLIAM ESWORTHY re-examined. Thomas took the handkerchief—when they were seen again, Thomas and Wootton were together—Barnard, who now calls himself Wootton, had a long coat on—it was Barnard dropped the handkerchief behind the door.
WOOTTON. I was standing at a pestry-clock's shop and saw the beadle come over and lay hold of Thomas—I was walking along, and one of these took me—and Mr. Nutting could not tell the handkerchief till he had smelt it—he said he had just had it washed and it had a particular smell in it.
WILLIAM JAMES NUTTING re-examined. The prisoner asked me if it was mine—I did not choose to answer him—I told the officer I knew it was mine—I could tell it by the smell—it had a disagreeable smell—because it was clean.
Thomas's Defence. I was wiping my none with handkerchief—the beadle afterwards came and said I had picked the gentleman's pocket.
Barnard's Defence. I went to the bank to my brother—he had left work—I was going over to Camberwell to him—I was going to buy a pennyworth of apples, and they took me and said I had been with these people and then they found handkerchief behind the door.
COURT. Q. That you mean to swear? A. Yes—I have known him for the last three or six months—if he had ever been in Bridewell I must have known it, I should think—he worked with me three months, and left me three months ago—I have missed him for a month or two.
WILLIAM MERRILEES . I have seen the prisoners together scores of times and turned them out of the street repeatedly for following gentleman—this witness knows Barnard well, and I have seen him with them.
is his foreman—he lives at the corner of Spitalfields'-market—no, Finsbury. market—next door to a grocer's shop.
WOOTTON— GUILTY . Aged 21.
THOMAS— GUILTY . Aged 17.
BARNARD— GUILTY . Aged 20.
Transported for Seven Years.
JOHN LUCK . I am clerk to Mr. Austin, of Plumstead-row. On the 20th of April, about twelve o'clock at night, I was in St. Martin's-court—I felt my handkerchief go—I turned and saw the prisoner with part of it hanging down from him—I seized him—he struggled and got from me—the officer took him directly.
GEORGE STONE (police-sergeant C 2) I heard a cry of "Stop thief" in St. Martin's-court—I ran up and saw the prisoner running—I stopped him—he threw me down, and while we were on the ground he took this handkerchief from under his coat and tucked it under me—several gentleman assisted, and we got him to the station-house—I found another handkerchief on him there.
Prisoner. I was going along, and this man come and took me by the collar, and shook me very violently.
GUILTY —Aged 23. Transported for Seven Years.
THOMAS CHARLES TERRY . I lives in Norfolk-place, Isington, and me a cheesemonger, The prisoner was in my employ in April—I gave a shilling to George Barnett to purchase something—it was a shilling with a very peculiar mark on it—an "I" on the neck of the head, and another letter indistinctly marked—I watched a female going into my shop—I saw her coming out with some butter—on her coming out I went home and went to the till—the shilling I had given to Barnard was not there then—I took the first opportunity to send a boy (who had come that morning) for the constable—I then called the prisoner into the room, and told him I had lost a great deal of property—that suspicion rested on him—I asked him if he could give any account, and if he had any money about him—he pulled some out of his pocket, and I in a minute identified among it the marked shilling that I had given Barnard—the prisoner said nothing at the moment—he afterwards said that he had had it three days.
Cross-examined by MR. DOANE. Q. This shilling had a mark out it when it came into your possession, it was not a mark of your own? A. No—the prisoner's boxes were not searched till afterwards—there were various articles of wearing apparel found, and a Saving'-bank account up to a few days previous to his coming into my service—I had missed a good deal of property—nothing of the Kind was found—we only went to that one pocket—it would be quite unusual for him to give change out of his own pocket—it there was not sufficient in the till—it might be done—if so, and he had repaid himself, it would render him liable to strong suspicion—I do shot recollect the prisoner ever giving information that he had found something nor discovering any property that had been secreted.
COURT. Q. If he had lent a shilling, and paid himself again, he could
not have had the marked shilling three days in his possession? A. I had only given it my neighbour an hour before.
Prisoner. I only took one sixpence out of my waistcoat pocket
NOT GUILTY .
MR. PAYNE conducted the Prosecution
MARY CHARLOTTE CROSSTHWAITE . I am the daughter of John Crossthwaite who lives in Thavies-inn. On the evening of the 26th of April, my father and mother were not at home—my sister, I, and the servant, and Miss Van Beuren were in the house—I went, down and found the street-door open—I closed it, and the servant knocked in about ten minutes—the keys of the drawing-room were in the doors that evening—they were afterwards found on the mantel-piece in the back drawing-room—we heard a noise on the stairs between eleven and twelve o'clock—I went down to the servant, and asked her to go up with me—I was certain there was some one in the bed-room—she would not go—I went up-stairs, looked under the servant's bed, and saw a man's hat, his shoes, and feet—his shoes were off—I screamed out to the servant, who had gone with me at last, with my sister, and Miss Van Beuren—we called the watchman from the inn—he took the prisoner into custody.
LEWIS ANDREWS . I am a watchman in Thavies-inn. I heard a scream from Mr. Crossthwaite's—I went into the one-pair of stairs room, and found the prisoner—I took him to the watch-house, and the constable of the night searched him in my presence—a snuff-box, a pair of stockings, a six-pence, and a duplicate, were found on him—this is the snuff-box.
Prisoner. Q. Will you swear it was on the mantel-piece the day I was there? Witness. A. No, I cannot swear that—it was usually kept there.
Prisoner. His servant gave it me on the Saturday morning.
M. C. CROSSTHWAITE re-examined, I had seen the snuff-box safe about eight o'clock on the Tuesday morning—the prisoner was taken that night
T. C. CROSSTHWAITE. I saw it on the mantel-piece on the Monday evening.
Prisoner. I have known his servant some time—she met me, as I was going home, and asked me to go her master's which I did, and sat in the kitchen, and them she was called to go for some beer, or ale—she
came in, and said the gates were shut, and she would not have her master know I was there for 20l.—she told me to go up to her bed-room—I went up there and stripped, with the exception of my trowsers—then there was an alarm, and I got under the bed—this snuff-box had been given me the week before by the servant, and there were two bits of silver, which I filed off on the Saturday, afternoon, as I was afraid it would tear my pocket—there was a fellow-workman of mine at Mr. Cato's the wire-worker, who wanted to give me a quartern of gin for it, as he said it was of no use to me—I had it in my possession a week before.
MR. CROSSTHWAITE. I had seen the box four or or five days before.
M. C. CROSSTHWAITE re-examined. The prisoner was dressed—his shoes and stocking were off—his stocking were found in his pocket
NOT GUILTY .
WILLIAM GREEN . I am coachman to Miss Mary Wilds, of Clarges-street. About two o'clock, on the 18th of April, as I was going from the stable to the door, I saw the prisoner on the step behind the carriage—I stopped my horse directly I saw him, and told him to be off—he jumped off, and took my coat with him across the street, and was putting it into a bag that he had—I an sure he is the man—he was stopped by three persons—he struggled, and got from them twenty yards, and was then taken again.
Prisoner. I was going along the street, and this coat fell off—I took it up.
GUILTY .* Aged 19.— Transported for Seven years.
WILLIAM DEXTER . I keep livery-stables, in George-yard, Whitechapel. I put my fowls safe in the hen-roosts, on the 18th of April, at about seven or eight o'clock at night, just as it got dark—I missed four in the morning—I knew the prisoner well—this bantam-cock is mine—he was the only cock there was in the yard, which made me notice it.
GEORGE TEAKLE (police-sergeant No. 8.) At a quarter before eight o'clock, on the morning of the 19th of April, I saw the prisoner with another man—the prisoner was carrying this cock under his arm—I followed him down Hare-street to Brick-lane and asked him where he got that—he said it was his, he had bought it in Leadenhall-market about six weeks before, for 1s. 9 d.—the moment I asked the first question the other man ran away—I then took the prisoner.
Prisoner's Defence. I got up in the morning at half-past six o'clock, and saw the cock against my door—it then went up the yard, and got fighting with another, and then it fell down—I took it in my arms, and went out to look for work.
GUILTY . Aged 17.— Confined One Month.
CATHERINE SULLIVAN. I live in Silver-street, Stepney. The prisoner came to my house to look for a furnished room—I had a room to les, and I was willing the first evening to let it furnished—she said could she sleep with me that night—I said no—she said she had come from Cathsen, and her husband was going to sleep over the way with a pot-boy—she said, "See how my feet are swollen"—I said, "Come up stairs and have a cup of tea"—she went out, and said she would let her husband know she came back in a few minutes, and slept with me that night and the next and I went out with my milk that day—when I came home, she was gone, and I missed my shoes, a table-cloth, and towel—I saw nothing of her till, about five weeks after, I mer her coming through Stepney church-yard from Whitehorse-street—I put my milk down and said, "How do you do?"—she said, "I don't know you"—I said, "You made, me know you"—she said, "I did not sleep with you only two nights; I did not take the things"—she then ran away—I cried, "Stop thief!"—she came back—we walked some distance, and she ran again—I cried, "Stop thief!"and she was taken—I an sure she is the person.
Prisoner. She asked me to pay her for the three nights I slept with her—I said I was going to work, and should pay her on Saturday—I came away from her house, but I never saw these things—my brother is an inspector of police, Witness. I had a washer-women who lodged with me; but she went out before me, and the things were there when left, and I had the key of my street-door in my pocket, she could not come in again.
Prisoner. She went out at six o'clock, and left both me and the lodger in bed. Witness. No, there was not one soul in that house but her when I went out.
WILLIAM DAY . I am shopman to Mr. Avila. a pawnbroker in Mile-end-road I have a table-cloth and a pair of shoes, pawned by a female in the name of Phillips—I could not swear it was prisoner; but she has often pledged things with me in the name of Phillips.
JURY. Q. Was the same address given? A. No; one was North-street; this is Mile-end-road—North-street is in Mile-end-road.
Prisoner. I never saw any table-cloth, and did not know she had one.
(property produced and sworn to.)
GUILTY . Aged 23.— Confined Three Months.
Fifth Jury, before Mr. Sergeant Arabin.
HENRY SADLER . I live in Holywell-street, Millbank; the prisoner lived servant with me about six weeks. I missed this property on the 11th of April—she went out with her mother on Sunday night, and on the Monday she went away, and did not return.
(Poperty produced and scorn to)
GUILTY. Aged 16.—Recommended to mercy by the Prosecutor
1207. SARAH FARRAWAY was indicted for stealing, on the 8th of April, 4 spoons, value 1l.; 1 pair of ear-rings, value 1l. 15s.; 2 gowns, value 10s.; 2 handkerchiefs, value 5s.; and 2 table-cloths, value 10s.; the goods of George Gillholme, her master.
ELIZA HANNAH GILLHOLME . I am the wife of George Gillholme, and live at West-terrace, Whitechapel. The prisoner was our servant from the 8th of February till the 8th of April—I had been out that day, and on returning in the evening at half-past nine, she had absconded—I waited till half-past ten o'clock or nearly eleven—I then went to my rooms, and missed these articles—I went to the station-house and gave notice of it—I did not see her till she was in custody.
JAMES MULLINS (Police constable K 66) I received information, and took the prisoner on the 18th—she acknowledged she had left some property at Green Dragon-court, Whitechapel-road—I went and got it there, she told me she was at Woolwich, seeing a fellow servant of here, who had married a corporal of the sappers and miners—I went there, and got two dresses and two handkerchiefs, which she had given her—these are all the articles.
(Property produced and sworn to)
GUILTY . Aged 20.— Transported for Seven Years.
GEORGE JENKINS . I am twelve years old, and am errand-boy to James John Gardner of St. James-street, he is a secret springer. He sent me on the 5th of April, about six o'clock in the evening, with a dozen and five silver covers—I was to take them home to a gentleman—I had seen the prisoner about the street—I had never talked to him before—he touched me on the shoulder and called me Sam—I said, "that is not my name"—he asked who I worked for, I said, "Mr. Gardner"—he said, "Mr. Gardner in St. James-street," I said, "Yes"—he said, "I thought you was the same"—we walked on to Wilderness-row—I left him to go into a house—when I came out he was at a shop, and asked what I had got in my bag—I gave it to him to look at it—he put his hand in and looked at the covers—he gave me the bag again, then put his hands in his pockets, and told me to go on, and he would catch me—when I got to where I was going I missed four covers—I am sure he is the same person.
(The prisoner handed in a petition for a lenient sentence; and Mrs. Savignac, a widow; John Higly, a clerk; Rebecea Plant; Mary Davis, a widow, and Sarah Jacobs, of St. James-street, gave him a good character).
GUILTY . Aged 20— Transported for Seven Years.
1209. MARY ATTERWELL, MARY DAVIS and MARGARET DRISCOLL were indicted for stealing, on the 28th of April, 30 yards of lace, value 18s. 9d.; and 1 handkerchief, value 4s.; the goods of Charles Flower Mirfin and others.
FREDERICK PRINCE (City police-constable No. 79) I met the prisoners on the 28th of April, about six o'clock in the evening, all three together in Long-lane, about a mile and a half from the prosecutor's—I stopped them at the other end of Long-lane—I said to Dirscoll, who had this parcel in her hand, "What have you got here?"—Atterwell said, "Take and show it him"—Atterwell had this other handkerchief in her hand—I said, "Where did you get this"?—she said, "I bought it of a man in Petticoat-lane, and gave him half-a-crown for it"—I asked her if she had any thing else about her, she said, "No"—I took them over to the Compter, and the matron found this piece of lace.
Cross-examined by MR. DOANE Q. They showed you at once this bundle? Yes, and showed me this bill that they had bought it, and this handkerchief Atterwell had wrapped in another in her hand.
Cross-examined by MR. JONES. Q. Was not that bill with the bundle that Driscoll had? A. Yes.
ROWLAND JONES . I am assistant to the prosecutors. I serve in the shop—I know these girls—the prisoner Driscoll came to the shop on the 28th of April, to look at some thread edging—I showed her some—she was fixed to 4d. a yard, which she would not exceed—she would not buy any—she was going out, and there was a silk handkerchief hanging in the window—she asked the price of one—I took her back, and showed; her some, and this one handkerchief she bought of me—it was not marked—I had to go from one end of the shop to the other to know the price, which was half-a-crown—this other is the one I showed her at the same time that she bought this other—I knew this one again the next morning, when the policeman showed it to me—my own private mark was on it—to the very best of my belief, about half an hour after Driscoll left, the prisoner Davis came in, and asked for some bobbin quilling, and to the best of my belief this is the piece I sold her—this card of lace, which was found on Atterwell is my master's and has our mark on it—it was not sold to either of them. I have seen Atterwell in the shop several times, and have served her and Davis together—they used to come in very late at night.
Cross-examined by MR. DOANE. Q. How long have you been there?
A. Six weeks last Saturday—Driscoll came first of all—as she was going out she spoke to one of our young ladies, who called me to serve her a handkerchief—Davis came in, to the best of my belief, in about half-an-hour afterwards—I am sure she asked for some bobbin quilling.
Cross-examined by MR. JONES. Q. You had not seen Driscoll there before? A. No, I swear I saw her there that day—she came is about half an hour before Davis—I once lives at New and Burgess, in Holborn—they sold such articles as these—this is the handkerchief I sold Driscoll, the other is what I missed—Mr. Nicholls keeps the books there—he is one of my employers—to the best of my knowledge the prisoners were in the shop between three and four o'clock.
NOT GUILTY .
GEORGE BURNBY I am in the employ of William Henry Thomas, shoemaker, of High-street, Shadwell. The prisoner came in on the 11th of April, with another man, to buy a pair of shoes—I saw the prisoner take a pair of pumps off the counter, and put them inside his jacket—I told the shopman, and he sent me for an officer.
CHARLES SMITH . I am in the employ of Mr. Thomas. Burnby directed my attention to the prisoner, and while he was gone for as officer, I saw the prisoner take another pair of shoes, and put inside his jacket—the officer came, and found the two pairs of shoes in his jacket.
GUILTY . Aged 20.— Confined Eight Days.
THOMAS POVNTON (police-constable, T 156) I met the prisoner in Brentford on the 23rd of April, about eight miles from Harmondsworth—he had this sack tied up in a bundle, with some other things—I saw it sticking out, and took him with it—he was walking on the high road towards London—he said he had been in a shed, and this sack fell out from some straw, and he brought it away—at first he said he had nothing but wearing apparel in the bundle—he then said he had the sack from a friend of his of that name.
Prisoner I went into a barn, and found the sack in the straw, and I covered it over, and in the morning I brought it away—I thought it was good for nothing.
GUILTY . Aged 24— Confined Six Weeks.
a room to the prisoner's wife, who she told me after he had come to live there that he had been out of employ for three years, and was living on what she earned—they took the room in January, at 3s. 6d. a week—they now owe four week's rent—I went, on the 5th of April, to ask for rent, and found the articles deficient.
(The prisoner put in a written defence, pleading poverty, and stating that be intended to have re-placed the articles.)
GUILTY Aged 54—Recommended to mercy— Confined Four Days.
1213. MARGARET PROUT and MARY ANN MINGAY were indicted for stealing, on the 1st of April, 1 scent-box, value 2s. 6d.; 2 night-gowns value 2s.; 1 petticoat, value 2s.; 1 handkerchief, value 1s.; 1 pair of stockings, value 6d.; 2 printed books, value 8s.; and 6 towells, value 6s.; the goods of Mary Hutt.
MARY HUTT . I had been in service, and left my box at Mrs. Mingey's (the prisoner's mother), in Thomas-street, Whitechapel—it had he lock on it—I left it there before the 1st of April—I did not discover that the things were gone till the Sergeant of the police came about a month ago—I missed from my box the articles stated—I have found some of them since, but no the are quite lost—I know nothing of Prout.
Prisoner prout I did not pledge it. Witness. I and not sure of her person—I know her very well, and believe she pawned this.
WILLIAM CLAPSON . (police-sergeant K 7.) The prisoner Prout was apprehended on the evening previous to Mingay—Prout said something and I went to Mingay's monther's—I saw Mingay there, and said to her, "What has become of the things out of the cook's box"?—she said, "Me and that other girl have taken and pawned them"—she afterwards said she other girl was Prout—I received some duplicates of articles, which the prosecutrix identified from the prisoner Prout's mother.
CHARLES OFFORD . (police-sergeant K 287.)On Wednesday, the 6th of April, I apprehended Prout for stealing a pair of stays—on going to the station-house she said, "Mary Mingay took some things out of the cook's box"—I asked her what things—she said, "A bed gown, stockings and some other things"—both the prisoners were there—I asked Prout what had become of the ticket of the stays—she said, "Mingay tore it the next morning"—I went to the station-house, and Prout asked if I had found all the tickets—I said, the other constable found four—she said, "That is not all", and told me to go back—I went and found five more—she picked them out of a shed and gave them to me.
MARY BUTCHER . I am the wife of James Butcher, of Arbor-place, Stepney. I lost these stays out of my kitchen—Mingay had been in my house two or three times—I had seen Prout but once before—I missed the stays about a quarter to five o'clock on the 6th of April—they were in my room—I knew Mingay's mother—Mingay came, I suppose, to see me—I was having my tea—she asked me for a drink of water—I gave her a milk jug to go and get some—she returned in about five minutes.
(Property produced and sworn to).
PROUT— GUILTY * Aged 13.— Transported for Seven Years.
MINGAY— GUILTY . Aged 13.— Confined Four Days.
GEORGE HUTCHINSON . I live with Joseph Jackson, in Shoreditch. On the 15th of April, about ten o'clock at night, there was an alarm at the door—the shop was not shut then—I went to the door and a person told me the prisoner had just run down the court with a roll of flannel—I pursued him—he dropped the flannel in Blossom-place—I called"Stop theif"—a gentleman came out, and took him as he was climbing the wall—I took him back to the shop, and met a policeman, and gave him in charge—I had seen him watching about the shop for three weeks before.
GUILTY . Aged 17— Transported for Seven Years.
HARRIET SAWYER . I live in Smith's-place, Hackney-road. I am servant to Mrs. Rumbold, who keeps a marine-store-shop—the prisoner came in the morning of the 26th of April, before my mistress was up—he said he had some copper to sell—I asked his address—he wrote down "3, Durham-place"—I inquired, and found no such person—my mistress sent for a police officer, who afterwards took the prisoner.
CHARLES GRANT . I am a police constable. I was sent for—I went to No.6, Smith-place—they shewed me these plats, and told me a young man had left them, and was to call again—I concealed myself behind the door for nearly half an hour—the prisoner then came in—I shut the door to, and took the plates, and asked if they were his—he said yes, he had bought them in Bartholomew-lane, at the Auction Mart—I showed him his direction, and asked if it was his writing—he said, "Yes"—I said "Yes gave a false address"—I took him to the office, and then received information, and found Mr. Rhodes.
Prisoner Q. Were you not sitting by the fire? A. I was not.
printers—the prisoner was our errand-boy for about three weeks—I can swear to these plates—ten of them at least—here are thirteen in all?
Prisoner Q. Had you not a fire in Long-acre? A. Yes; I think in November, 1835—we lost a great many plates, but I am sure I have seen 10 of these since that time—I did not state before the Magistrate that I could not swear I have seen any of them within twelve months—I have seen all these since the fire—they were put in a corner of the office—we usually put them away in paper, but since the fire, we have been in such confusion, we could not keep them as usually do.
PEREGRICE JOSEPH DAVIE . I am in the prosecutor's employ. My master desired me to put these plates in one corner of the officer about a fortnight before the prisoner came there—I know they are my master's—they were not lost at the fire—I put them away since then.
JAMES RHODES . We had fifty of these prints, and have now only forty-seven. Prisoner's Defence Having no evidence to confront the charge, I can state only on my own evidence, that I purchased these plates of Mr. George Robins, at the Auction Mart—I usually went to Mr. Rhodes' at eight o'clock in the morning, and it was quite impossible for any one to take any thing—I was never there five minutes by myself—there were 50 plates in a corner of the office.
GUILTY . Aged 19.— Transported for Seven Years.
OLD COURT,—Friday, May 13, 1836.
Third Jury, before Mr. Sergeant Arabin.
1217. GEORGE HILL was indicted for stealing, on the 14th of April, at St. James's, Westminster, 1 watch, value 20l.; 1 watch chain, value 2l.; 4 seals, value 2l. 10s.; 1 split ring, value 1s.; 1 pin, value 1s.; 1 watch key, value 2s.; 1 locket, value 2s.; 2 watch books, value 4s., the goods of Thomas Hayes, in the dwelling-house of John Field.
MARIA HAYES . I am the wife of Thomas Hayes. We were lodging in the dwelling-house of John Field, in Bennet-street, in the parish of St. James at the time in question—I do not know the prisoner—I placed my watch in a wardrobe, in my bed-room, on the second floor—I saw it there at 5 o'clock, on the 14th of April, and about 12 o'clock that night it was gone.
Cross-examined by MR. CLARKSON. Q. Were the articles belonging to you or your husband? A. They had been given to me by him, and were ornaments for my person—the property I lost is worth 25l.
MARY HARRIS . I am servant to Mr. John Field. The prisoner visited me—he came on the 14th of April, about half-past eight, and remained two or three hours—I was up and down stairs—he was not up-stairs to my knowledge—not while I was in the house—he sitting in the kitchen—I was up and down into every room in the house—I went into the garret, and had to turn three beds down, which took me some time—he might have slipped up-stairs in that time.
Cross-examined. Q. Now, do you mean to say, during the time you were in the house with the prisoner, he had any opportunity of taking the articles without your knowledge? A. I went out of the house for beer about ten o'clock—the prisoner went about eleven—I was not taken into custody myself—I went into the country after this—I did not go to avoid
being apprehended on this charge—the Bow-street officer came, and told me, that he must take me, and knowing myself perfectly innocent of the watch, I was deranged in my mind, and went into the country—I was not aware where the prosecutrix kept her articles—I never saw the watch, during the time she was in the house, and I told her so the next day, and she said, "I dare say you have not, for I had worn it up to that night"—I did not receive any money shortly after this—I did not give notice that I was going to leave—I absconded—I went to Kew the first night, and next day a brother's, at Chertsey—I remained about two or three days, and then I wrote to my mistress.
Q. Did not you, yourself, deliver the prisoner these very things, and tell him they were yours? A. I did not—I did not see him again, till I saw him in the hands of the Bow-street officer, at master's office—I saw the officer about one o'clock in the day, and went off by an omnibus about eight o'clock at night.
COURT. Q. How long had you lived with Mr. Field? A. I lived with him five years once before, and I Left another situation to come to him again—I am the only servant, and have the entire charge of the house—he is married—I did not meet the prisoner after I left my master's house—I did not see him till he was in custody—I went away on the Tuesday—the watch was lost on the Thursday.
MR. CLARKSON. Q. Did not you see the prisoner between the times of the loss of the watch and your running away? A. I met him the next morning, at the top of Crown Court, and told him a watch had been lost in the house, but which way it was lost I could not positively tell—he said, "Well, if you know nothing about it, you have no occasion to worry your mind about it"—I never suspected he knew any thing about it.
ZADOCK WOOLF . I am a clothes salesman, and live in Monmouth-street. A person, in livery, brought the watch to me, on Friday, the 15th of April—I stopped it—I don't know the person—he was dressed in a green livery frock coat, with gold lace—was about twenty-five years of age to the best of my recollection—he ran out of the shop when I stopped the watch, and left it in my possession—I thought the man was five or six years older than the prisoner—I found he did not come back, and went to Marlborough-street and saw the Magistrate about it—the watch was given into Key's possession, and returned to me at the office.
MARY HARRIS . The prisoner does wear a green livery—my master's house is in the parish of St. George, Hanover-square—I am single—I had lived in the same service with the prisoner, at Mr. Kaley's once.
HENRY TURNER . I am shopman to Mr. Fleming, a pawnbroker, at the corner of Lower John-street. I produce two watch books and a seal, which were pawned on the 15th of April, by a young man, in livery—I don't recollect what livery—I think the prisoner resembles the man, but I can't swear to him—I believe he is the man.
JAMES ALDOUS . I am a pawnbroker, and live in Berwick-street. I produce three seals which were pawned on the 15th of April, by the prisoner—he was dressed in a short fustian coat, not in livery—I swear he is the person.
(Property produced and scorn to)
GUILTY of stealing, but not in the dwelling-house. Aged 20. Transported for Seven Years.
First Jury, before Mr. Justice Littledale
CHARLES SPELT . I keep the Green Man, on Finchley-common. On Saturday, the 9th of April. I was standing outside my door, between six and seven o'clock, and observed a wagon coming down the hill from London, with four horses in it, and laden with sacks of soot—I did not see the driver at the time—I saw a lad lying down on the sacks in the wagen—the horses, in coming down the hill, got one of the traces unbooked—the lad at the top looked over the side, and attempted to get off, am I supposed, to hook the trace on—in doing so, he fell from the shaft to the ground—he did not attempt to jump off, but came along the sacks very carefully, and got down on the shaft of the wagon, and sat down there—he then gave a spring off, and missed his footing, I belive, and fell backwards to the ground—the fore wheel ran over his leg—he gave a sudden twist, and put his head under the hind wheel, which went over his head and leg too—it killed him instantly—he never moved after—I had not seen the wagoner at that time—I saw him an hour or an hour and a half afterwards—I got George Collins to help me to take the deccassed into my house, and I went for Mr. White, the surgeon, who came in ten minutes—the deceased's head was squeezed quite flat—Mr. White put his had together and put his hat on to keep it in from—the leg was nearly served from his body—it hung by a small sinew—the wagon belonged to a Mr. Titmus—the driver passed about this time; but I was engaged with the deceased, and did not see him—the driver was not sober—he was certainly the worse for liquor—I saw him again that evening, and hour or two afterwards—I had not noticed him before; but the prisoner is the man who came back as the driver—he had been to put his team up.
Cross-examined by MR. CHAMBERS. Q. Was the wagon heavily laden? A. Yes; I should consider it a heavy load—there were four very powerful horses—it was exactly on the top the hill when I first saw it—the driver was not by the side of the wagon then—the speed increased in coming down the hill—the load forced the horses on—I did not see the wagon stopped, being engaged with the man—if he had not attempted to get down and fasten the trace, no accident would have occurred—on of the men in my stables called to him not to get down; but he did—it was in consequence of his doing so, and missing his footing, that the accident happened—the horses had not run away, or any thing of that sort—when the prisoner came back, after putting his team up, I showed him the body of the deceased—he was dreadfully affected, and could not stand; in fact, he fell back into the kitchen, next to the room where the man was.
MARY LINCOLN . I am the wife of James Lincoln, a gardener at Finchley On Saturday evening, the 9th of April, a little before seven o'clock, I was on the road by Finchley-common—I saw several wagons on the road, going towards Finchley—I came by the side of them a long way—they came very steadily along about three parts of the way; then one the drivers whipped his horses, as I suppose, to pass the other team which was before him—there were four or five in a line—the horses started off directly, and I saw a trace-chain hanging on the ground—I saw somebody on the top of the wagon, lying across the sacks—I did not see any thing happen to him—I had not got up to the spot—I believe the prisoner was the driver; but I cannot swear to him—I told him I was fearful he would have an accident as the chain was undone—he made no answer—he appeared tipsy—the wagon went on—I did not see the boy who was on
the wagon, till he was just falling to the ground, as I was at a distance—the wagon was going very quick down hill at this time—I did not see the wheels go over the person.
Cross-examined. Q. Was it at the foot of the hill you first saw the four or five teams? A. It was some distance I came to the brow of the hill—they were going very slowly along till the driver whipped the horses—I think that was the second team, but I am not sure—I should think three teams might go a-breast on the road—I did not see any body in the road—there is a foot-path—I cannot say whether it was in consequence of the trace becoming loose that the horses started off—the wagon passed the driver directly the horse started off—he followed it directly—the horses did not stop—the other wagons appeared to be loaded with soot.
GEORGE COLLINS . I was servant to Mr. Spelt On Saturday night, the 9th of April, about ten minutes or a quarter to seven o'clock I was opposite the door—I saw a wagon coming down the hill—some of the horses were trotting and some were galloping—they went at about six miles an hour—I saw a person on the top of the wagon—he got from the top on to the fore-ladder—he then got on the shaft, and made a spring off on to the ground—I saw him fall—the wheel went over his leg and head and killed him on the spot—I assisted to carry him across the road to Mr. Spelt's house—I do not know who he is or his name—I saw a man run by with a whip in his hand—I cannot say whether he was the driver of the wagon—I cannot say whether it was the prisoner—the man I saw was all over black.
Cross-examined. Q. Where did you first catch sight of the wagon? A. Nearly at the top of the hill—I observed that the trace was loose—I did not see the wagon stopped—the man would have been safe where he was had he not attempted to get down.
JAMES FROST . I am a constable of Finchley. I did not see the accidents—I understand George Dawson is the name of the person killed—I never saw him before—I saw his dead body that evening—his father and brother were at the inquest—the prisoner came in about eight o'clock as night and wanted to see his boy—I went with him to the place where he was lying—the instant he saw him he nearly fell into hystericks he was so hurt at seeing him—he was very much hurt and wanted to go to his master, Mr. Titmus, at Wellington, in Hertfordshire—he said he was the wagoner belonging to the wagon—he did not tell me the name of the boy who was killed.
There being no proof of the name of the deceased the prisoner was ACQUITTED .
Fourth Jury, before Mr. Common Sergeant
BENJAMIN POPE . I live in Somersetshire, but I was staying in Connaughtterrace. On the 26th of April, about half-past five o'clock, I was in the Stand near Somerset-house, and saw a man running after some boys—as soon as I came up to him, he said something to me—I put my hand to my pocket, and discovered that my handkerchief was gone—it was brought back to me by the witness Tools—I saw him seize Connell, and take it from him.
THOMAS TOOLE . I am boat and shoe maker, and live in Old-street. I was in the Strand on this evening and saw the four prisoners together for about five minutes—Sullivan and Lyuch first of all tried the prosecutor's
pockets, one after the other, by taking it up—they walked one and then Wadey took the handkerchief, and gave it to Connell—the other two were just behind—they turned round and saw that I saw them with the pocket up—they ran away as hard as they could—I pursued Connell, who put the handkerchief inside his jacket, and took him—the others ran away, some of them across the road, and were taken afterwards—I lost sight of them—they were not taken at the same time—I am quite certain of them—I had never seen them before.
THOMAS POCOCK . I am a policeman. I was in the Stand, and saw the prosecutor and witness with Connell—he gave him into my charge—Mr. Pope gave me the handkerchief—I found a bunch of common keys on Connell.
Wadey. 1 beg pardon; I will never come here any more (Lynch and Connell both received a good character.)
CONNELL— GUILTY . Aged 12.
WADEY— GUILTY . Aged 10.
SULLIVAN— GUILTY . Aged 8.
LYNCH— GUILTY . Aged 9.
Confined One Month, the last week solitary, and whipped twice.
JOSEPH HALL . I live at Milford-wharf, Strand. On the 9th of May, about a quarter before three o'clock, I was passing along Thames-street, and felt a tug at my pocket—I turned round, and saw a boy about sixteen years old passing something to the prisoner—I ran after the prisoner, calling "Stop thief"—I overtook him, collared him, and took my handkerchief from under his coat—it has my name in full on it.
EDWARD HALLMAN . I live in the City-road. I saw a young man pick the gentleman's pocket—the prisoner ran, snatched the handkerchief from the one who took it and walked away—I went after him, calling "Stop thief", he was putting it in coat—I stopped him, he said, he picked it up off the pavement.
Prisoner's Defence I picked it off the pavement and gave it to the gentleman. Witness He was going from the gentleman.
(—Ayllet, auctioneer, Sun-street, City; and the prisoner's brother, gave him a good character.)
GUILTY † Aged 21.— Confined Three Months
1221. JOSEPH SMITH was indicted for stealing, on the 16th of April, 11 glazed window-sashes, value 3l.; 1 copper value 1l.; 30 feet of leaden pipe, value 15s.; 1 metal cock, value 1s.; and 1 stove, value 4s.; the goods of John Johnson, and another; and then being fixed in a building.
ROBERT FORSTER . I live in Clarendon-place, Vassall-road, Brixton. I am collector of rents to John, and another—I have looked at the sashes, and the property here, they belong to them, and were fixed in a house, No.7, Marlborough-place, Westminster.
SOPHIA MASTERS . I live in Marlborough-square. On Saturday morning, the 16th of April, at seven o'clock, I saw three men come out of No. 7, Marlborough-place, which is a unoccupied house; the prisoner is one of them—he had got four window-sashes, some of them are here now.
Prisoner. Q. what distance were you from me? A. Right facing you, over-against Marlborough-square—I saw the sashes come out to the house on your shoulder—they resembles these sashes.
SOPHIA HOLWELL . I live at No.6, Marlborough-place. On the 16th of April, I saw the prisoner come out of No.7, with this stove on his shoulder—I followed him to Wilson's, a marine store shop, in Pye-street.
JAMES WILSON . I live in Pye-street. I bought the stove of the prisoner, as old iron, for fifteen pence; that is the full value of it—my profit on it was about 4 1/2 d.—it is only part of a stove, in a broken dilapidated state.
MR. FORSTER. I miss these sashes and stove from the house.
GUILTY . Aged 24— Transported for Seven Years.
WILLIAM SIMPSON . I live with John Thomas Clark. On the 19th of April, I saw the prisoner running away with this saw, in the field next to where the men bad been at work with it—I ran after him—my brother secured him with it—I took another boy who was discharged—I had given the saw out to my brother—he is not here—I had only given it to him ten minutes before, and he was gone on an errand at the time—I had seen it lying on the premises after he was gone; he had not returned till I was in pursuit, and could not have given it to the prisoner—the footpath is not within a quarter of a mile of where the saw was—the Fleet ditch was between us—I called to him to stop, and he threw the saw down in the field.
Prisoner's Defence The saw was not on the premises, but laid by the side of a ditch in the field, when I took it up—I never moved from the field, but put it down again.
(The prisoner received a good character).
GUILTY . Aged 15.—Recommended to mercy— Confined Five Days.
FRANCES THIMBLEBY . I am the wife of Joseph Thimbleby, and live in Old-street-road. I was standing in my shop between six and seven o'clock in the evening, of the 23rd of April, and beard the glass break; I turned, and saw the prisoner with her hands in the window, taking these rings out of the tray—I took hold of her by one hand, and picked up the rings with the other—I went outside, as soon as I heard the glass break—she had no opportunity of running away, because I was out so quickly—I asked her what induced her to break the window—she said she had a spite, and she was not going to run away—that she and her husband had been quarrelling, and if she was let go, she would do ten times more mischief—I cannot tell whether she was sober, she said she was—I gave her in charge—I took some of the rings off the pavement, and one ring she had on her finger, which was mine—she put it on the window; she said, she did this to be sent out of the country, to get rid of her husband.
CATHERINE M'CAWLEY . I live in Old Nichol-street. On this afternoon. I saw the prisoner crying and asked, what ailed her—she said, she was going to break a window, and asked me to come see her do so—I said, "I will not, don't be a foolish woman"—I had hardly said so, before she went and broke this window—she is out of her mind, to tell you the truth; for her husband was drunk for a fortnight before, and even pawned the bed-cloths, and he had three young children—I think she was out of her mind at the time—she had nothing to cover the children, or anything to give them—when she broke the window, she stood still and was taken prisoner—her husband treats her very ill—he is very bad man, and a great drunkard, and spends all she earns; she is a hard-working industrious woman—I have known her two years.
WILLIAM COOK . I am a policeman. I produce the rings—before she was committed, I inquired her character, which was that of a hard-working, industrious woman—her husband is the greatest reprobate in the parish.
NOT GUILTY .
1224. EDMUND HARRY was indicted for feloniously breaking and entering the shop of John Edwards, on the 18th of April, at St. George, Hanover-square, and stealing therein, 1 painting, value 4l., his goods.
JOHN EDWARDS . I am a carver and gilder, and live in Mount-street, in the parish of St. George, Hanover-square. On Monday morning, the 18th of April, about five minutes after ten o'clock, I found the shop-door broken open by a chisel, or something—it was safe at nine o'clock—it is a double door, leading into two shops—the outside door is taken down in the day-time—when I got inside the shop, I missed a looking-glass and a painting of Dover, Worth 4l., this is it—the door had been bolted inside.
WILLIAM WATSON . I am shopman to Mr. Norton, a pawnbroker in Green-street, Leicester-square. This painting was brought to our shop on the 18th or 29th of April by the prisoner—having received information, I asked him to walk with me, which he did, till I met a policeman and gave him in charge—I believe it was on the 20th of April—I received the information on Monday morning, and on the Wednesday he brought it.
Prisoner's Defence. On Monday morning I was not out of my house till half-past one o'clock—I live in Warren-street, Fitzroy-square—I then went out, with my wife to different place—on the Wednesday I met a person at the top of Regent-street, whom I had seen before, with an acquaintance named Taylor—he said he was short of money,—and asked me to pledge this painting, as he had a bill to pay that afternoon—he said it was his own—that he was not in the habit to pledging, or he would not trouble me—I took it to the witness's shop—he asked how long I had had it—I said, "I got it yesterday", that a person had sent me to pawn it, and asked him to let me go without an office to look for the person, for feat he should make off—he said I had better take an officer, and he would get one; although I might have got away I waited and as no officer came, he said, if I went to Regent-street with him—he would see if he could find who it belonged to—as we went we met a policeman—I told my name and who I worked for—after they returned from Mount-street they asked me again, and I did not like to tell my name, my wife being near lying-in—I would not have her frightened—I have worked for Mr. Wilstend, of Molineaux-street.
(Elizabeth Leggatt, Red Lion-street, Berough, gave the prisoner a good character.)
GUILTY . Aged 40.— Transported for Seven Years.
1225. LOUISA NICHOLAS was indicted for stealing, on the 12th of April, 1 jacket, value 5s.; and 1 waistcoat, value 3s.; 6d., the goods of Samuel Benjamin and another—2nd COURT. stating them to be the goods of James Kidd—3rd COURT, stating them to be the goods of Henry Minter
HENRY MINTER . I am conductor, to Kidd's Brentford omnibus. I put a parcel into the omnibus, against the door, at the corner of the Poultry—I took the prisoner up in Piccadilly—she sat on the same side as the parcel at first—she was to get down at North-end, Hammersmith, but I had forgot to put her down there—she went beyond it and got down at the Broadway—I missed the parcel between Tracey-terrace and Black Lion-lane after she was gone out—my master sent me back after her—I found her at the bottom of North-end-lane talking to a Mr. Quick—that was in the direction she told me she was going—she had the parcel on her mull underneath her cloak—when I came up I said, "I want you if you please"—she said, "Ob, I have got a parcel, I was going to sent in down to Mr. Solomon's and she wanted the gentleman to come back with her, to go to Brentford, to take the parcel—she offered me 1s. to go along with her to take it—when I got to Brentford, I gave her into custody.
Cross-examined by MR. PHILLIPS Q. Was the parcel tied in brown paper? A. Yes; it had Mr. Solomon's direction on it.
Witness for the Defence.
SAMUEL QUICK . I am a builder, and live at North-end. Fulbam, I have known the prisoner between ten and eleven years—she bears the most decided character for honesty—I was speaking to her on the day in question when the witness came up—She had before that shown me the parcel saying she and taken it out of the omnibus, intending to deliver it to it direction.
NOT GUILTY .
CHARLES CROXTON MAY I am a silversmith and live in Curtain-road On the 26th of April, about nine o'clock, I was neat Shoreditch church—a policeman asked me if I had lost any thing—I felt and my handkerchief was gone—it was produced to me at the Station-house—it is the same colour as mine—I should not like to swear to it, as there are so many yellow handkerchiefs—I had it safe about half an hour before.
GEORGE KEMP . I am a policeman, I saw the prisoner loitering about a mob of people, and watched him—I saw him go the prosecutor, take his handkerchief from his pocket, and run away—I ran, and secured him—I took him to the station-house, and found this handkerchief between his thighs.
The prisoner received a good character.
GUILTY . Aged 16.— Confined Fourteen Days.
GEORGE KEMP . I am a policeman. On Saturday, the 17th of April, I was near the Eagle tavern, City-road, and saw the prisoner in company with another—I watched him for a quarter of mile, and saw a gentleman coming along wiping his nose with a handkerchief—the moment he put it into his pocket, the prisoner and his companion turned round—the companion took the handkerchief out of the gentleman's pocket, and gave it to the prisoner, who put it into his bosom—I secured him with it—the gentleman would not prosecute—the prisoner begged hard to he let go, but I refused—I don't know the gentleman's name—he gave it, but I forget it—the other boy was less than the prisoner.
Prisoners's Defence. I was not with any body—the man turned round and chucked the handkerchief at me—it was not in my bosom.
(Richard Wood, labourer, Elizabeth-court, Whitecross-street; and—Stevens, Glass-house yard, Goswell-street, gave the prisoner a good character)
GUILTY .† Aged 15.— Confined Fourteen Days and Whipped.
1228. ANN JOHNSON and BRIDGET BARBER were indicted for stealing on the 26th of April, 1 watch value 5l. 10s.; 2 seals, value 6s.; 2 watch keys, value 2s.; and 1 watch chain, value 2s.; the goods of Charles Gilbert from his person.
CHARLES GILBERT . I am a servant. I was stopping at No. 6, Grosvenor-square, with my master, who lives in Wiltshire—about half-past two o'clock, on the 25th of April, I was going to my lodging in Oxford-street—a person resembling Johnson came up to me, under the archway of a stable, where I had gone for a necessary purpose—she was in my presence about two minutes, but I took little notice of her—about two or three minutes afterwards, I felt for my watch and it was gone, also my seals, chain, and keys—I then searched for a policeman, and described the watch to him—he took me to Marylebone office, the next morning, where I saw the watch—this is it—every thing is here, but one of the stones off the seals is punched out—I have no recollection of seeing Barber—there was but one woman—I was not tipsy.
WILLIAM STUBBING . I am shopman to Mr. Hard, of York-street, Westminster. I produce a watch which was brought to pledge by Johnson on the 26th of April—I did not like the appearance of the battered state of the seal, and rather doubted whether she was the right owner—I asked her whose property it was, she said it was her fancy man's—I asked who he was, she said, "Burn",—I said I should like to see Burn—she left the shop, and in about two minutes returned with the prisoner Barber, who claimed it as her property—I asked how she came by it, she said it was her husband's who was George Cookson, and belonged to the 5th Fusileer Guards—I said I should not give up the property, without a better account of it—they left, and in two minutes, a policeman came in, and described the watch—the prisoners came back again, in a few minutes, to ask whether a letter from Cookson would do, to satisfy me he was the owner of the watch—and I then gave them into custody.
Johnson. Q. Did you see a person on the other side of the way? A. No I did not see a young woman with you.
Johnson's Defence. Last Tuesday fortnight, I was going to get an affidavit for an article I had lost, and a young woman, whom I knew very well by seeing her in Oxford-street, asked me to go and pawn the watch—I
took it, not knowing it was stolen—the pawnbroker asked me who owned it—I said, "My young man"—he asked me to bring him forward—I came out of the shop and went to the young woman, and told her—she said she was known at the shop, and tole me to go back—as I went I met Barber going to redeem a handkerchief at the same shop, and I asked her to say the watch was her's—I have not seen the girl since.
JOHNSON— GUILTY . Aged 28.— Transported for Seven Years.
BARBER— NOT GUILTY .
NEW COURT,—Friday, May 13th, 1836.
Fifth Jury, before Mr. Recorder.
GUILTY . Aged 16.— Transported for Seven Years.
JOHN BURTON . I am shopman to Elizabeth Kempton and another, of Oxford-street, linen-drapers. In the month of March I missed a piece of lawn, numbered 328 from their counter—I have since seen it in possession of an officer—it was not sold, from its not being marked with out private mark, which was not put on it, in consequence of its not being there when the goods were marked.
Cross-examined by MR. PHILLIPS. Q. How do you know this from any other? A. It has our name on it—the seven pieces that we had were all that were marked—we have the others now—the prisoner's wife was not taken up for stealing this.
MATTHEW PEAK (police-constable G 198.) On Sunday, the 27th of March, I apprehended the prisoner in Rose and Crown-court, Long-alley—I took him to the station-house, and told him I was going to search his place—he said, "If you are going, take the keys of my boxes, or else I dare say you will break them open"—he gave me three keys—I went to the first door in Christopher-square, Long-alley—I applied the keys to the boxes, and found the piece of lawn produced—a person named Dell pointed out the room—the prisoner said it was his property, and he had brought it from Jersey.
Cross-examined. Q. Do you know whether his wife was taken up? A. Yes; but not this lawn—she was tried last session for stealing two pairs of stays—I do not know whether she might not steal this—she was not accused of stealing this lawn—the shopman could not identify her—she went by the name of Bridget M'Donald.
MR. PHILLIPS to JOHN BURTON Q. Were you at Hatton-garden? A. Yes, and saw that woman—I do not know where she was taken—I never saw the prisoner in my shop, to my knowledge—nor the woman.
COURT. Q. Is this your lawn? A. Yes; it bears our name, and the number we are charged in the invoice—if it had been sold it would have
been marked in letters as this other piece is with a pencil—but it was gone when the others were marked—every article we sell must have a mark on it before we sell it—they were three or four days on our premises before they were marked—they were unpacked and laid on the counter—the person who sold it would not know the price, or any thing about it, without a mark.
MR. PHILLIPS. Q. Might not the goods be sold without the pencil mark by mistake? A. Such a thing may have occurred, but it did not occur here, because it was gone before it was marked.
JOSEPH DELL . I live at No. 97, Long-alley. The prisoner occupied a mom in my house for about three months—a woman lived with him as his wife—I never knew him follow any business—he was frequently out, but generally at home.
Prisoner. This was not produced to me at the station-house—what property was produced I said I brought from Jersey, and which I pawned—this piece was brought to my lodgings by a licensed hawker—it was bought at 5s. 6d. a yard—Mr. Burton stated at the office there was thirteen yards of lawn—it was measured, and it was but twelve yards—he stated it was not marked, and it is marked.
JURY. Here is part of the private mark now left in the piece—it is almost rubbed out—we are of opinion it has been cut.
NOT GUILTY .
WILLIAM YEOWILL . I am shopman to Mr. Charles Edwin Kendall of No, 27, Barbican, a shoe-maker. On Saturday, the 16th of January the prisoner came to the shop, in company with a woman he called his wife—I had to take measure if her for a pair of boots, and he once or twelve called her his wife—it was about seven or eight o'clock—I showed her three or four pairs of boots—they did not buy any thing—but I measured her for a pair—when she put on her own boots, she removed her chair from where it stood, over to a spot were there were some shoes standing, and called the prisoner to lace on her boot—he did so—they then went away—I missed two pairs of shoes from that very spot, on the Monday morning following soon after we opened the shop—about eight or nine o'clock on the Saturday night, they were on the floor, near to where her boot was laced—I made a pair of boots for her—she came on the 23rd of January and paid for them—she was in company with the prisoner—I have since seen a pair of shoes, produced by the inspector of police—they are one of the pairs I missed on the 16th of January—they were boots I made fir the woman—I have seen two other pairs of shoes, produced by Fowler, a pawnbroker—one of them I had missed on the 16th of January—so that I have seen both the pairs which were on the floor near where the prisoner came.
Cross-examined by MR. DOANE. Q. Mr. Kendall is in a large way of business? A. Yes, we keep the shop open till near twelve o'clock—these stood on the floor for show—there were about a dozen pairs of them—I
never charged them with it when they came again—I had not seen the shoes then—one pair of shoes have been worn—I think I saw them the last day of March.
JOHN M'CRAWN . I am inspector of the G police. The prisoner was brought to the station-house by Peak—he gave his address, No 4, I think. Christopher-square, Long-alley—a tea-caddy was brought by Peak to the station-house—the prisoner gave me the key from his pockets, to open it—we found some duplicated in it—some for the shoes—on the 31st of March I went to his lodging, and found one pair of shoes there, behind the bed—they had been worn—they were shown to the prisoner, he said they were his, and he had bought them in July last—they were women's shoes—I was at Worship-street the day that the witness Yeowill saw the shoes and identified them—they were left there and lost.
MR. YEOWILL re-examined. I saw a pair of shoes that had been worn—I knew they were the pair we bad lost, as they had our mark on them—any made previously would have another mark on them—there was the name of Kendall on one of the inner soles—visible in each sole—had they been sold they would bear another mark—they were deficient of that mark, which is termed the sale mark—when we sell shoes we mark them—I lost a pair of shoes in November—this is one pair that we lost on the 16th of January, which have not been worn—here is Mr. Kendall's name on them—we lost two pairs like them.
Cross-examined by MR. BALLANTINE. Q. But there is nothing to show that these shoes were lost on the 16th? A. I cannot say that—but they were in the shop on the 16th—I observed this particular pair—that night after dark, I looked round to see that all was right, and I took up this particular pair—each pair bears a different mark—these are numbered—they were safe about five o'clock—I did not expect to see them again.
CHARLES FOWLER . I am in the service of Mr. Attenborough, a pawnbroker, of Crown-street, I got these shoes from a lad of the name of Tyne—one pair on the 23rd of November, another on the 19th of January.
HARRY TYRER M'DONALD . I shall he nine years old on the 7th of July. The prisoner is my uncle—he gave me a pair of shoes to pawn in July—I pawned none in January I did not give the name of John Tyne—he never asked me my name, but put it down by guess—I never pawned shoes for any body but my uncle.
CHARLES FOWLER . He told me his name—I knew him before—I had sent him back two or three times, but his mother came and said he was twelve years old, and that it was very hard we would not take it of him—but I asked him the question this time, I will be in my oath—I knew his father and mother—I put down the date correctly, on the 19th of January.
Prisoner. This tickets of these shoes I bought for a shilling each in July—I never saw the contents of the tickets till at the office—I intended to take out my license with the produce of the tickets—I know nothing about those shoes.
GUILTY . Aged 21.— Transported for Seven Years.
PARSIS TAYLOR . I am the wife of Robert Taylor—I lodge in the house with Mrs. Stollard. On Saturday, April the 16th I saw the prisoner standing against our door, with another woman—in a few minutes they went into our house, and came out—each of them had a tub—I went down into the wash-house, and missed the tubs—I went, and overtook the prisoner, with the little tub, which she was putting down between two candle-boxed—I said, "You have taken these from our house"—she said, "No"—I saw a woman with a larger tub—I took up the and ran after her, but she was gone—the prisoner got away then, but was taken about ten o'clock at night, when I went to get my beer for supper, I saw her in the public-house—I am sure she is the woman.
Prisoner. Q. Where did you follow me to? A. To Mr. Tafford's the tallow chandler's—you said you saw a woman go by with a large tub.
THOMAS MOORE (police constable E 18.) I took the prisoner—she said it was not her that put the tub down, but some other woman—I had not mentioned about a tub being down—she was given into custody outside the public-house, by Taylor.
Prisoner. Q. Did not this woman say, "This is the person who stole the tub"? A. Yes; but I am not certain whether it was not before we came to you—she said you put it down before you.
(Property produced and sworm to.)
Prisoner. I never saw the tub till I saw it in her hand.
PARSIS TAYLOR . She had not got further than across this court—it seemed to em as if she was going to put down the tub between the candle boxes and to look if they had got away without being noticed—I was looking out of the two-pair of stairs window, and saw her go into the house and come out again with the little tub under her cloak—the other tub was four times as big as this—the prisoner crossed over York-street—the other woman was gone.
Prisoner's Defence. On Saturday evening I went to Union-street to meet my husband—the foreman was paying then—I stood at the corner of the street—two women came up to me—Taylor said, "This is the one with the cloak on"—I said, "What is it?"—she said, "Your and another have been in our wash-house, and stolen two tubs"—I said, "If you have any thing to say, charge the policeman with us".
GUILTY . Aged 40.— Confined Three Months.
SHAIK KHADEI BUKSH (through an interpreter.) I am a native of Bombay, lately arrived from Bengal, I have been in London between nine and ten months—I know the name of the street where I met her—it was opposite a church—I went with her to a house in a street adjoining—I gave her 1s., and I had one shilling, one sixpence, and four sovereigns left, which she saw when I gave her the shilling—my money was bound up in a bit of paper she had an opportunity of seeing the paper and the money, and
saw me do it up again after I gave her the shilling—I went to had, and fell asleep directly—she had a key in her pocket, and got up and locked the door—we both laid down—she did not pull off any of her clothes—I put my waistcoat with the money in it under the pillow—when I awoke, about six o'clock in the morning, I saw a man sitting by the fire, in company with the prisoner—they were both smoking—I asked the prisoner, in my own language, who that man was—she said it was only a poor fellow come to warm himself—I lifted up the pillow, took my waistcoat, looked in the pocket, and the money was gone—I had 5d. in copper—which was left in the pocket—I asked her in my own language where my money was gone—she said she had not seen any of my money but the shilling I gave her—while I was talking to her, she got up from the fire and ran out, and the man too—she same back in about half an hour—I have never got my money.
Prisoner. I never touched his money—he wanted to behave in an indecent manner, not fit to describe—I would not let him—he got a knife, and said he would stick it into me—he ill-used me most dreadfully—I screamed, "Murder"—the man came and broke the door open. Witness. I did not strike her, nor use any knife, nor see any knife.
MARY BUSH . I lodge in Wentworth-street, Whitechapel, in the adjoining room to the prisoner. I recollect seeing the prosecutor in the prisoner's room, on a Wednesday—it might be about seven o'clock—the prisoner and the other man were in the room smoking—I had not seen him there before—the prosecutor said, "Give me any money", and held up his finger to her—the other man came out of the room, and I was going down stairs—the other man said to me, "Is the Lascar in the room?"—I said, "Yes"—he said, "We have just drawn him", meaning that they had robbed him—the prisoner was sitting against the door, and the door open—I saw the man stoop down, but I did not see what he picked up—the man went out of doors—I did not see the prisoner of out—I saw her there again—the Lascar said he had been robbed—I said it was a pity he should be robbed, and told him to fetch a policeman—my husband was with me in the house, but I do not know that he heard it.
Prisoner. I sat down by the fire-place, and when he used me so ill I said, "Get an officer". Witness. I heard no disturbance in the house but his asking her for the money.
THOS. COOPER (police-constable H 82.) On the 13th of April I saw the Lascer at the door No. 100, Wentworth-street—he had his hands across, and the tears running down his cheeks—Bush and several more were standing round a step.—Bush said he had been robbed up-stairs—I asked him as well as I could if he had been robbed—he pointed to me that he had been robbed from his pocket—I asked him if he could point out the woman—he said he could, and took me to the prisoner—bush said, "It is a scandalous shame to rob the poor fellow; and now he says if you will give him two sovereigns he will be satisfied. and you won't give him that"—the prisoner burst out crying, and said, "I have not got the money; Bob has"—there were no sings of her having been beaten—Bush's husband has been in the prosecutor's country, and she understands a little of their language.
Prisoner. I never saw the money—only the shilling which he gave me
GUILTY . Aged 35.— Transported for Seven Years.
THOMAS FIRMAN . I am a journeyman butcher, and lodged in St. John-street. I lost these things from there from the 1st to the 5th of March—I employed the prisoner as a charwoman—she was with me till the 5th of March—she did not sleep there—she left without notice—I never saw her from the time I missed my clothes till five or six weeks ago, when I found her in Whitechapel-road—she told me she had found my clothes, and if I would go to Hackney, to her brother, she would give me the duplicate—I walked on the road till I met the policeman, and gave her in charge—I had quitted that lodging on the very evening that I missed my things, and cannot tell whether she knew the lodging that I had gone to—she told me she would bring the duplicates to my house if I would tell her where I lived.
Prisoner. He gave me his things to wash on the Saturday—I took them home on Monday for him to put on—I asked him to pay use—he said he could not, for the young woman he lived with had fallen out with him, and she had taken his money—I took the coat to pay myself. Witness, I never gave her any thing to wash.
Prisoner. I said I had mislaid the duplicates, and very likely they might have been burnt, but I did not do it intentionally.
JAMES TRAIL . I am in the service of a pawnbroker is St. John-street I have a smock-frock pawned on the 2nd of Match for 1s., a handkerchief on the 3rd for 1s.; and a coat on the 5th for 6s—I cannot say by whom, as the young man who took them has left—they were pawned in the name of Ann Campion, Peter's-court.
Prisoner. I did your cooking and washing for a fortnight, and you paid me nothing—you gave me three calico shirts and some other things to wash—you did not give me the coat I allow.
Witness. I did not give her any thing to wash—if she had stopped till Saturday night she would have received 1s. 6d.
GUILTY . Aged 29.— Confined Three Months.
BENJAMIN COX . I Live in Bishopagate without, and am a hosier. On the morning of the 26th of April I was in the shop between eleven and twelve o'clock—I heard a snatch—went to the door and saw the prisoner about three yards off with the stockings in his hand, which I had just put up—he was running fast—I overtook him, and gave him into custody—these are my stockings.
Prisoner. I had nothing to eat for two days and nights—I saw these
stocking hanging outside with a pin, and I took them, Witness. They were within the door-way—not outside.
GUILTY . Aged 21.— Confined One Month.
1236. JOSEPH MANNING was indicted for stealing, on the 6th of April, 1 watch, value 6l.; 1 watch-chain, value 1s. 6d.; 2 seals, value 2l. 10s.; and 2 watch-rings, value 12s.; the goods of Richard Rawle.
RICHARD RAWLE . I keep the Three Pigeons and Star in Hatfield-street, St. Luke's On the 6th of April, about ten minutes after eleven o'clock at night as I was outside my house in the act of putting the window-shutten up, I left a hand come across my person, and I had my watch taken from my pocket—I struck the person with my right arm backwards, and knocked him into the road—he fell down and the watch dropped from his hand—it was the prisoner—he got away at the time—I picked up the watch—this is it—there was no person but the prisoner and myself in the street.
Cross-examined by MR. PAYNE. Q. Was it not later than ten minutes past eleven o'clock? A. No—I had been drinking—my face was turned towards the shutters—the person came behind me, on the right side—it was about twenty feet from the first turning—I am perfectly clear that it was the prisoner—I had known him for six months or more—I did not know where he lived—he was taken on the Friday week following—he came behind me and took my watch—I was looking up to see the shutters fit is—I saw him come from my tap-room—he followed me out when he saw me take the shutters—he had been to my house several times—I do not suppose I saw him for more than a second—as I passed the door I saw he was there—I was perfectly sober—I found my watch about two yards from the spot—I had no opportunity to run after the prisoner—he was out of my sight—I did not call out, "Thieves, "but I mentioned it inside and out—my house is very seldom open later than twelve or one o'clock—it is more generally shut at eleven o'clock.
JAMES BRANNAN (police-constable, G 206) I went to a house in Ed-mond's-place Golben-lane, and saw the prisoner's mother in a room on the ground-floor; she stood behind the door—I saw the prisoner run into a coal-cellar, and found him there—I said, "I had come about Mr. Rawle's business";—he said, "I was drunk when I took the watch, and it fell down between us; I intend to join the marines next week."
Cross-examined. Q. Was his mother there? A. Yes; she roared out, "My son is sold. he was made a thief at the Pigeons"—it was formerly a resort for thieves, but not since Mr. Rawle had kept it—I have not been there very often—I have not drank in that house, without paying for it—I have been on that beat, off and on, for two years—I was before that a bricklayer's labourer—I am an Irishman—I have been in the Pigeons about once previous to this occurrence—I am generally on day-duty, and have been for about eighteen months—when the prisoner told me this, his mother was present, and a girl who, I believe was his sister—Mr. Rawle told me of this
on the Thursday—I took the prisoner on the Friday, which was the 15th—I do not know whether I had seen the prisoner in the week before.
COURT. Q. How did you know where to find the prisoner? A. I saw his brother going towards the place with a trunk, and I got information from him.
Prisoner. What he says is false; I was cleaning my shoes under the stairs, he came and took me, and said, "I want you for attempting to steal Mr. Rawle's watch; "I said, I know nothing about it"—there were about a dozen persons in the house, when I left it—it is a dog fancier's
(John Ashley, a livery stable-keeper, in Chiswell-street; Thomas Powell pork-butcher, Ratcliffe-highway; Thomas Robinson, pork-butcher, Gravel-lane; and John Smith, pork-butcher, Carnaby-street, gave the prisoner a good character.
GUILTY . Aged 17.—Recommended to mercy.— Confined Six Months.
JOHN TAYLOR . I keep the White Bear, in Barthelomew-square, St. Luke's The prisoner came into my house, between four and five o'clock on the 19th of April; the wind blew her shawl on one side, and I observed she had a pint pot; she looked into the tap-room and then went out—I followed her into Old-street, she then stopped at a chessemonger's shop, and put the pint pot on a board, with the intention of buying something—she then took up the pot, and went away—I told the policeman, and we went to her room where we found the pot there, I believe, which I had seen her with, and eleven other pots.
Prisoner's Defence. I went into the White Bear, to look for Thomas Brown—he was not there—I know nothing of these pots, except that my mother has sold fruit in them for fifty-two years
NOT GUILTY .
CHRISTOPHER HILL I am a brewer, in partnership with Thomas Witheres, we live in Clarence-street, St. Luke's. This pot belongs to one of our houses, the Fair-trader, in Church-street—we bought it within the last two months—the persons from the Fair-trader, are not here—the prisoner lodges with her mother.
NOT GUILTY .
MR. DOANE conducted the Prosecution.
ELEANOR HAWKES I reside at Notting, but in 1825, I lived at Ampthill in Bedfordshire. It know Louisa Knollys Pulley—I remember her being married in November, that year, to the prisoner, at the parish church at Ampthill, by license—she appeared about thirty years old—I signed the register—my name was then Newman—they were married by Mr. Knapp, the vicar of the parish—I saw her alive a month ago.
Cross-examined by MR. PAYNE Q. How long had you known her before? A. Five or six years—she told me her name was Louise Knowllys Pulley—I have heard her called by the two Christian names—her
mother's name was Knowllys, and she was named after her—I was present the whole time of the ceremony.
ELIZA PINENT . I lodged, in January last, in Marshara-street, Golden-square I was out of service—I had been living with a lady—the prisoner lived servant with Mr. Roberts, who served the family and that was how he knew me—he made proposals to me in January last—a fortnight before we were married—I had saved up some money—he knew that—he said, "I have heard an old fellow-servant speak highly of you, and I should like to have you"—he said he had saved up 337l., and then I told him I gad got 126l. 12s. 2d.—we were married at St. George's Church, Bloomsbury, on Monday, the 25th of January last—he gave me the name of William John Blackstone Steedman, and said he was a bachelor—he lived with me about forty days—we went to Gravesend for two days, and then we came back to my own lodgings—he then went down to Cambridge to tool for a situation for business—just as we were going to church to be married, in the morning, he had 5l. 10s. of me, and the same day he drew out the interest of my money, which was 3l., and on the Thursday following he got 91l—he got all my money—I had a watch—he wore that, and tool it away with him—he left me at the end of that time to go to Maidstone, to take an inn—that was in the beginning of March, and on the Thursday after, I received a letter, dated from Bristal I told my father, and he made inquiries respecting him.
Cross-examined. Q. Were you married by license? A. Yes—he paid for that and the trio to Gravesend out of my money—we went by the coach, and came back by the steam-boat—I am thirty-one years of age—we staid at my lodging eight days—he went to Savory and Cox to buy some jewellery, for me to appear in at his friends, but he took it all away with him—I lived at the Mess, at Knightsbridge, to learn of the mencooks there—I went there on a job—there was on reason why I left there—I was first under Mr. Finchard; the name of the last person I was under I forget—I was not turned away, I am quite sure—I had saved my money in service—I have been in service from a child—I do not know Jones, a butler—when I lived at Mr. Wilton's, there was a butler of the name of James—he and I were good friends, but not more than fellow servants ought to be—I never washed his feet—when he was ill I took him up a pail of water—I never admitted to the prisoner that I had been intimate with James, and had taken up hot water as a blind to the other servant—I was not dismissed from the Mess-house, at Knightsbridge, for being locked up with a man in the pantry—I did not tell the prisoner so—I told him there was a man who wanted to take advantage of me, and that I told the gentleman, and I was merited for my conduct and behaviour—I did not know the prisoner had a wife living—I had no suspicion of it—I did not know any one to make the inquiry of—the prisoner gave me a most infamous character of Mr. Roberts—on the morning before be left me he told me that the whole expense of going about the country and looking for inns, had come to 30l—a friend of mine sometimes called upon us after our marriage; but he did not live with us—Mrs. Simmons is my sister—I lived with her about Whitsuntide last year—nothing was said before we were married about our being together as long as we could agree—no person in particular visited me while I lived with my sister—no tailor came—I never told the prisoner there was a tailor came to see me—I was angry with the prisoner when I found he had deceived me.
MR. DOANE. Q. Is there the slightest foundation for anything that has
been said against you? A. No, Sir—I was applauded by Colonel Reed when I told him what had been done y the man—I told the prisoner of it as we lay in bed; and he swore at me, and said, "If I catch you speaking to any one, I will cut you legs off".
Cross-examined. Q. Do you know of her living at the Mass-house? A. Yes—I do not know how she came to leave; she never told me—I saw her while she lived with Mrs. Simmons—I did not know of any tailor coming there—she has been in service ever since I can remember—she was out at place when she was at her sister's—I cannot tell how long she lived there.
HENRY WILLIAMS (police-constable D 51) I apprehended the prisoner. on the 7th of April at a coal-shed in Wellington-street, Blackfriars, and told him I wanted him on a charge of bigamy—he went into a little room adjoining the shop, and sat down, and said, "I can't think how I could have been such a fool"—on the way to the station-house he said, "I suppose they will send me out of the country".
ELEANOR HAWKES re-examined. Q. How long after the prisoner and Pulley were married did you see them together? A. When they married he took a shop at Leighton-Buzzard, and I lived with them about a fortnight.
HENRY WILLIAMS re-examined. Q. Do you know, of your own knowledge, that the prisoner was living with his first wife? A. Yes, he went in and spoke to her at the house where I apprehended him—I saw her there.
MR. PAYNE to ELIZA PINSENT. Q. Was any money expended on your dress? A. There was a common silk-gown bought, as he wanted me to appear in a silk-gown and jewels.
GUILTY . Aged 31.— Transported for Seven Years.
1240. DORCAS GILLMAN was indicted for stealing, on the 16th of April, 1 counterpane, value 12s.; 2 blankets, value 12s.; 1 bed-tick, value 12s.; 1 pillow, value 6s.; and 1 pillow-case, value 2s.; the goods of William Henry Smith.
MARTHA SMITH . I am the wife of William Henry Smith, of Harper-street, Red-lion-square. The prisoner came to work for me as charwoman, on the 16rh of April, for five days—I lost some blankets and other articles,
RICHARD BAYLIS . I am constable of Hatton-garden. I received the prisoner on a charge on the 20th of April—I produce a blanket and some other things, which I found at the prisoner's lodgings—she went with me there—I found the duplicate of these last things—I have inquired her character, and heard she has a good one—her husband has left her, and treated her very badly.
GUILTY . Aged 35.—Recommended to mercy by the Jury.
Confined Three Months.
North-street, Red-lion-square—he is a seal engraver. I employed the prisoner to come and wash—I missed a table-cloth at that time.
HENRY ASTELL . I am a pawnbroker. This table-cloth was pledged on the 5th of March—I did not take it in, but I have every reason to belive I was in the shop—I have a slight recollection of its being pawned by the prisoner, and the duplicate was found in her pocket.
Prisoner. I did not steal it—I found it close by the water-spout, and pledged it.
GUILTY .—Aged 35.
HENRY WHITEAR (police-constable G 139) At half-past two or Wednesday morning I met the prisoner in Cow-cross-street—he was carrying this board—I stopped him—he said he was going to take it to his brother's on Mount Pleasant—he said he was sent for it about six o'clock the morning before, but got drinking, and forgot to take it—in going along he threw it down, and swore he would not carry it any further—he attempted to get down a passage, but was stopped by another policeman—Mr. Jenkins claimed the board.
Prisoner. I was very much intoxicated—I throw myself on the mercy of the court.
(The prisoner received good character.)
GUILTY .— Confined One Week.
Fifth Jury, before Mr. Sergeant Arabin.
MR. DOANE conducted the Prosecution.
WILLIAM WALTON . I am a farmer, and live at Chigwell, in Essex. On Friday, the 29th of April, I had six lambs—I saw them safe about two o'clock in the afternoon—I was in town on Saturday—they were missed from a field—there were thirty ewes and lambs together—I came to town on Monday morning—the first I saw the was Mr. Hambridge—I there saw the carcasses of three lambs—I only saw two at Mr. Sylvester's—one had been sold—after I had seen the three lambs—I had reason to believe they were the carcasses of the lambs I had lost—Kentish was employed to make inquires—I went with him to the prisoner's house with the officers, in consequence of information—Kentish went and looked in at the window—I assisted him in searching the premises—I went into the house and saw some heads and plucks lying about the floor, part in a butcher's tray, and part on the floor—we found them on the first floor—the prisoner was not there—we next found some skins under the stairs, which go from the lower floor up to the bed-room—they were concealed till I opened the door—I examined the skins, and I believe
they are the skins of the lambs stolen—but two I could swear to by the marks—Kentish brought the prisoner from behind the building, and said there was suspicion of the lambs being stolen—he said it was nothing to him, that he had been employed to kill them, and he would tell the truth—he said he was employed by a person of the name of Day to kill them, and had been sent for out of a public-house—these are the skins.
Cross-examined by MR. JONES. Q. Did you know him before? A. Never—I only know that he is a journeyman butcher from what he said.
WILLIAM HAMBRIDGE . I am a butcher of Newgate-market. On Monday the 2nd of May three lambs were brought to me by the prisoner—they were rather dirty, and had not been butchered very long—he told me to book them in the name of Morris—that was the name I knew him by—he said he would come after they were sold, for the bill of them, and the money—Mr. Walton called on me—I showed him the carcasses which the prisoner brought.
Cross-examined. Q. How long have you know him? A. Eight or nine years as a jobbing-butcher working for any person—I know Mr. Morris, that was the reason I supposed the prisoner's name was Morris—he had never brought sheep or lambs before in Mr. Morris's name—I never knew him by any other name—he said they were to be booked in his name—he never brought me sheep from other butchers—nor pigs—I have a clerk, but he does not take any in, since I lived there.
GEORGE SILVESTE . I live in Newgate-market and am foreman to Charles Edwards, a carcass-butcher. On Monday morning, the 2nd of May the carcasses of three lambs were brought to me by the prisoner—I asked what name they were to be looked in, and he said Council—we were to sell them and a person might call for the money in his name—I saw Mr. Walton in the course of the morning—he saw of the carcasses—one was sold—the two he saw were brought by the prisoner.
Cross-examined. Q. Have you known this man for any time? A. I had seen him once—I have heard he has been a jobbing-butcher, and he has brought pigs to our house—he has killed for other persons—it is a common thing for jobbing-butcher to take the animals to different salesman to sell—I do not know his house—but I know he worked for Mr. Iron—he brought the lambs in a tray to our house.
JOHN BENJAMIN KENTISH . I am beadle of Newgate-market. On Monday morning the 2nd of May, in consequence of information, I went to Curnell's house, in a court leading out of Willow-walk, Old-street-road. On knocking at the door, and it not being immediately opened, I looked through the window, and saw a man getting over the paling at the back of his house—I then ran up a passage two or three doors from the house which led to the back of the house—I knocked at a door into which I supposed the man had gone, and there found the prisoner—he had top-boots on which the man had who got over the paling—Mr. Walton and another person had got in in the mean time—Mr. Walton was looking at the skins when I took the prisoner there, I asked him if they were the skins of the lambs he had taken to Newgate-market that morning—he said they were—Mr. Walton having identified two of the skins, I asked the prisoner where he got them from—he told me that he was employed by a Mr. Day, living at No.3, Old-street-road—that was the first answer be made to the best of my recollection—I then took him into custody.
Cross-examined. Q. He told you that at once? A. There was some previous conversation which I cannot charge my memory with—I had not
seen his face when he got over the pales—Mr. Walton and Mr. Humbridge were in the prisoner's house—I heard the prosecutor say he believed the prisoner was innocent of the theft.
Q. Did you or the prosecutor tell his wife to dress the heads and plucks for the poor children's dinners? A. I did not hear it—I swear the prosecutor did not say he was sure the prisoner was innocent—that he must go along with him, but he would make it up to him—I do not must what became of the heads and plucks—we left them there—he did not say the wife might have them—I desired Mr. Walton to put the heads in the bag—I said nothing about the plucks—a person in the service of Mr. Blower was in the house, but not with me—he had run previous to me to give the prisoner notice—I have no recollection that Silvester's foreman told me where I could find the prisoner—I received the information from Mr. Hambridge—I will not swear that Mr. Silvester's foreman did not tell me—Mr. Blower's young man went to the house of the person who Curnell told me had employed him to kill the lambs—it was not in consequence of his going to that person that I found out who he was—I went to the house the prisoner named—I found that person who gave the name of Day, and took him into custody—he denied in the prisoner's presence that he had employed him to kill the lambs—he never acknowledged it, never—Blower's young man was not present when that person was questioned on the subject—the only part that Blower's young man took was to knock at the door at my request—his time would not allow him to stay any longer, and he went to his master's business—Mr. Hambridge and Mr. Walton went there—when I took Day, he admitted at the Compter that he had bought the lambs of a person named Stiles, but he did not say so at Curnell house—the person who the prisoner, said employed him, asked the prosecutor what the price of the lambs would be—the prosecutor said under 10l. but he would not settle it for 100l—that person had before said, "Stop! bit let us settle it"—the prisoner said in the same conversation that he had been introduced to that person by one Smith, and that he had been called from the Hen and Chickens public-house for that purpose—it was on Monday I found the skins—the prisoner said it was on Saturday evening he was called, and he was to kill them on Sunday morning.
Cross-examined. Q. Is there any mark by which you know them A. Yes; across the loins—it is dark painted mark—I have not seen many like these—it is marked by a stone not generally used—it is a kim of red—it is painted with stone paint, which wants a deal of rubbing before it will make a mark—this is the stone—we do not keep it on purpose—we have no other like it—other people generally mark with red ochre—I do not know the name of the stone—it was given to me by Mr. Walter to mark the lambs with—it would of itself make a mark—not a plain or—I made this mark a week before they were missed.
JURY. Q. Did you mark all these six? A. No; I marked two of these—I marked eight in all.
MR. JONES. Q. Is the mark just the same as it was when you made it? A. No, it is not, but I know it by the stone—I had put the mark on the Friday before—they were taken away on the Friday—on the Saturday
following two of these had been sent to Smithfield the day after I marked them.
MR. DOANE. Q. How long have you been a shepherd? A. Sixteen years; when I say the mark is different, I mean in the colour—this is the mark I put upon these lambs—after it has been put on some time, the colour changes—I marked the lambs in a particular manner—I am quite sure I put the mark on this skin.
JURY. Q. Is it not the custom to mark with one particular mark, all the stock in the hands of every individual, or are they marked differently? A. No; they are marked all a like, when my master marks his regular flocks, he puts his own name on them; when they go to market, he puts another mark on them.
COURT. Q. Were these six lambs that you say your master lost, marked for market or not? A. Two of them; there is one mark on one of them, but four of them have no mark, they were not going to Smithfield
MR. JONES. Q. Were not some sent to Smithfield, that were not marked? A. No; all that are sent to market, are marked.
Prisoner's Defence. I was in the Hen and Chickens, and Mr. Smiths said there were some lambs to kill, if I liked to do it; he took me to Mr. Day who told me to kill them and take them to market, and take him the skins and the bill—I took them to Newgate-market, and left them at the two person's house—I have been killing for these ten years.
THOMAS SMITH . I am in employ of Messrs. Summers and Smith, of Tabernacle-walk. I have known the prisoner about six years and a half—I have employed him to kill animals for me—I remember seeing him in the Hen and Chikens, on Saturday week—I found him in the parlour—I had previously been applied to by a person, to recommend some person to kill six lambs—in consequence of that I sought for the prisoner—I introduced that person to the prisoner—there was an appointment made for him to kill the lambs on Sunday morning—he agreed to take the animals to market after he had killed them—I do not know how the skins and heads were to be disposed of.
MR. DOANE. Q. What are you? A. Foreman and warehouseman to Summers and Smith, of No. 12, Tabernacle-walk, Hoxton; they are gold and silver ornamental printers and paper-stainers—I was in the Barking Dogs after I was paid—I have been in the employ of these gentlemen six years, last November—I heard about Curnell getting into trouble about eleven o'clock, on Monday—I did not go before the Justice to explain it—I was not asked, or I would have gone—I was asked to come here, I am here a volunteer—I do not know whether I was asked, or whether I said I would come.
MR. JONES. Q. Were you brought here by a subpoena? A. Yes—I should think the prisoner does not live more than two hundred yards from Talerhacle-walk—he has killed pigs for me, which I keep.
THOMAS M'QUELLON . I have known the Hen and Chickens, in Bath-street, Tabernacle-square. I have known the prisoner very well for five years—I remember his being at my house, at the latter end of April, on Saturday evening, when Mr. Smith came and called him out; they went away directly and Carnell came in again about half an hour afterwards.
JURY to JOHN BENJAMIN KENTISH Q. What description of house is it the prisoner lives in? A. A small house, about a two-roomed house, one room on a floor—I saw through the window, a man getting over the pales—the
yard door was open—I am not certain whether there was a window in the back of the house—the yard door is opposite the front door—there are two doors opposite each other—to the best of my knowledge, there is no passage.
JURY. Q. Is there no wash-house or any thing attached to the house? A. That I am not prepared to answer; but at all events, it would not impede my sight—the room is about ten feet square—I was close to the window—the pales were three or four feet from the back-door.
Prisoner. It was Mr. Blower's young man who got over the pales, he is here to prove it; I was not in the house.
WILLIAM SHREW . Last Monday-week, I was at the prisoner's house with him—I did not hear a knock at the door—he was in the room with me—the yard is about five feet square—the prisoner got over the pales, and I was the cause of it—Kentish the officer and Mr. Walton came to my employer, and inquired for Harry, the butcher)—I directed them to the prisoner, and ran down to see what was the matter—they went a roundabout way—I got there, and asked, if there had been two persons from Newgate-market, he said, "No"—"I" opened the door and said, "Here they come; "I said, "I may get into trouble, I will go next door"—I went and while there, I called the prisoner over, and said "What is it"? he said "I don't know, I have killed some lambs and taken them to market for a man"—while we were talking, Kentish came in, and said, "Harry I want you"—I did not know about the lambs then—the prisoner did get over, when I called him—I heard no knock, because I might have got over before the officer came.
MR. DOANE. Q. You say Curnell came over the paling after you called him? A. Yes.
JURY, to JOHN BENJAMIN KENTISH. Q. What dress had the man or who got over the pales? A. A frock, and a pair of top-boots—I found Shrew in the house, with Harry, the butcher—we saw this man running down a bye street—ion consequence of his running we ran after him.
COURT. Q. Upon your oath, have you any doubt that the prisoner was the man that got over? A. I have not—the plucks were in a tub of water—the plucks and heads were in the room on a chair, and the skins in a cupboard.
Prisoner. When I went out in the morning the skins were in the room—my wife put them under the stairs.
NOT GUILTY .
RICHARD ACKLAM HARRISON On the 12th of April I saw the prisoner take this mutton off the shop-board of Mr. Daniel Bailey in Charles-street, Holborn, and run away with it, I pursued and took him—this is the mutton—he did not go into the shop, but reached over—I was on the opposite side of the way.
Prisoner. I did it through distress.
GUILTY . Aged 24— Confined Three Months.
after eleven o'clock on Thursday evening—I went home with her, to No, 10, Church-street—we went to bed together—I gave her 1s. before I went there—I bad the money stated, in my breeches pocket—I put my breeches under my head, and fell and fell asleep—I awoke at a quarter past twelve o'clock, and she was gone—I was not drunk—I had had a glass of drink—but I knew what I was about—I got up—a a person came, and said the good lady was gone—I found her in church-street again, and took her back to the same house, and the policeman searched her—he found the two half-crown and 5d. in her left hand, and the sovereign in her mouth.
Prisoner, The money was all mine, and this man took care of me as I had a little drop in the head.
JAMES COBBINS . I am a policeman. The prosecutor told me he had lost a sovereign, two half-crowns, and other monies. I took the prisoner, and found the two half-crowns and 5d. and 2d., in her hand, and the sovereign in her month.
Prisoner. I have not a soul that knows me in London. I had just come over to meet my son—the prosecutor took me to a bad house—it was my money he was spending all night—he used me like a beast, till I cried out, and then he let me out—an old woman, fit to be his mother.
GUILTY . Aged 48.— Transported for Fourteen Years.
There being no proof that the Company were entitled to sue by the name stated in the indictment, the prisoner was ACQUITTED .
1247. JANE CARTER was indicted for stealing on the 2nd of March, 3 handkerchief, value 7s.; 3 shifts, value 6s., 6d.; 6 table-cloths, value 1s.; 6 shirts, value 15s.; 1 pair of drawers, value 2s.; 4 towels, value 4s.; 1 napkin, value 1 1/2; 1 petticoat, value 2s.; 4 pinafores, value 6s.; 4 bed-gowns, value 6s.; the goods of Barney William Wood, her master; and ANN BUTTERFIELD , for feloniously receiving the name, well knowing them to have been stolen, against the Statute, &c.,; to which Jane Carter pleaded.
BARNEY WILLIAM WOOD . I keep a public house in Whitecross-street, Cater was my servant, while she was with me I lost the articles stated—I knew that Butterfield was acquainted with her—she lived in a court a little way from my house—I spoke to Butterfield about this—she said she partook of the property that my servant had taken and brought her, and if I would let her go she would speak the truth—she gave me the duplicates of what she had pledged—she did not deny pledging them.
Butterfield. I sent for you, and told you I had the tickets—you said you would forgive me, and not sent me to prison, Witness. No, I did not.
GEORGE GLADWELL I am a policeman. On Monday evening, the 14th of April, I apprehended Butterfield at her own house—in going to the station-house, she told me that the property she had pledged was Mr. Wood's,
and she knew that Jane had stolen it—the duplicates I received from Mr. Wood—when I went to apprehend her, she was in the passage in the dark—I found it was her by her voice—she called to Mrs. Johns, but I would not allow her to see her—I took her out—she told me what I have stated in Banner-street.
(Property produced and sworn to.)
BUTTERFIELD— GUILTY . Aged 41.— Both Transported for Seven Years
(There were two other indictments against the prisoners.)
OLD COURT,—Saturday, May 14th, 1836.
Second Jury, before Mr. Sergeant Arabin.
JOHN HUNTER . I am warehouseman to John Ratcliff and others; we do business with Delarue & Co., ribbon-dressers. The prisoner used to bring goods from them—he came to the warehouse on Friday morning, May 6, for goods to take to his masters—he emptied a basket of goods into one of his own, which basket he brought, as if he was going out at the door, and put it on the counter in the middle of the warehouse—he stood for three or four minutes—I observed that he did not go out, and having nothing to detain him, I turned my head to see what made him stop—I observed the basket-lid go down suddenly, and heard the rustling of paper—after he was gone, I went to the spot, and missed a roll of goods, from a parcel of five papers which had been brought to the house the day before—they were dressed satin ribbons—I missed two pieces.
THOMAS DELARUE . I am a ribbon-dresser, and live in Bunhill-row. The prisoner came to em as a workman, and occasionally went out for goods—when he returned from the prosecutor's I had information, and called him into the counting-house—he was told he had stolen some ribbon; and I said, "You had better tell"—he said it was in his hat, in the ribbon-room up stairs—I went and brought his hat down, and found the ribbon in it in his presence.
Cross-examined by MR. PHILLIPS. Q. He told you at once where the ribbon was? A. Not immediately—he did in about seven minutes—he has been about twelve months in my employment, and bore a very good character.
(Property produced and sworn to.)
(John Ratcliff, the prosecutor, gave the prisoner a good character)
GUILTY . Aged 23—Recommended to mercy.— Confined Six Months.
GEORGE GILLATT . I am in the employ of Daniel Cronin, an auctioneer, in East-street, Lamb's-Conduit-street, This mat stood in his passage—the prisoner is a stranger to me—he was brought to me with the mat—he had no business in the house.
followed him to lamb's-Conduit-street, and into East-street—he passed the prosecutors's door two or three times, and waited about three-quarters of an hour looking round to see if anybody was in the way—I presently saw him coming round the mews with the mat under his arm, and secured him.
GUILTY . Aged 45.— Transported for Fourteen Years.
Before Mr. Justice Park.
NOT GUILTY .
Before Mr. Justice Littledale.
1251. ANNA NELATON and EUGENIE LEMAIRE, alias Eugenie Carline Lemaire , were indicted for stealing, on the 18th of April, at St. James, Westminster, 59 yards of silk, value 15 l, the goods of William Edward King, in his dwelling-house; and ALEXANDRE JULIEN DUCHENE, alias Julien Duchene Alexandre , for feloniously receiving the same, well knowing it to have been stolen.
MR. ADOLPHUS conducted the prosecution.
WILLIAM EDWARD KING I am silk-mercer, and live in Pall-mall, in the parish of St. James's Westiminster. I live and sleep there—it is my dwelling-house—between four and five o'clock on Monday, the 18th of April, the two female prisoners came to my shop—I am confident they are the persons—I did not know them before—Lemaire produced a yard and a quarter of silk, and requested me to match it—they both spoke broken English, such as I could understand—I do not speak French myself—I set Jerritt, my shopman, to match the silk, which he did—he cut them off a yard and a quarter, and it was delivered to them—I am not certain which of them produced the silk, they both spoke about it—it came to 6s., 10d.—Lemaire gave me 7s—I went to my desk, in the frost shop, which was some distance from them, to get change—I gave them the change at the front shop counter, and they went away—the piece of silk produced by Hobbs, is my property—it was on the counter when they were there—about three quarters of an hour after they were gone, I saw my young man had forgotten to put up the yard and quarter of silk, which they had brought with that they had bought—I did not miss this piece of silk till twelve o'clock the following morning—there are fifty-nine yards—it is worth, at least, 15l—this is the piece they behind (looking at it.)
Cross-examined by MR. PAYNE Q. Is yours shop of considerable business? A. Yes—we have not a great number of ladies calling, perhaps four or five a-day—not more, and there only two that day—I have never expressed any doubt about Nelaton begin there—I gave a description of them to the policeman, when I missed the goods—I think they were engaged with me about a quarter of an hour—I am not mistaken in my own mind as to Neaton—I have never mistaken one person for another—I do not believe there had been any persons in my shop after the prisoner left, till the silk was missed at twelve the next day—I was not present the whole time, and came swear to that—my house is about a mile and a half from Howland-street Eitzroy-square—about twenty or twenty-five minutes walk—I cannot
not give the time they came, nearer than between four and five o'clock—I have no clock in the shop—I had not looked at my watch—I cannot say whether it was nearer five that four o'clock.
Cross-examined by MR. DOANE. Q. Had your shopman to go to some other part of the shop to match the silk? A. To the front—I remained with them the while—they paid me in the back shop—I was with them the whole time in the back shop till they paid me the 7s.—I then went forward to get them change, and left them in the back shop—I did not return—they came forward—I put the 2d. in a bit of paper, and gave it to them, and they went away.
MR. ADOLPHUS. Q. Do you recollect how they were dressed? A. I an almost certain Lemaire was in a black cloak, and I think the other in a reddish brown cloak—they appeared to me very large cloaks—I should think they were large enough to conceal this parcel—they were alone is the back shop while I went to get the 2d.—no body could see what they were doing—the silk was in the back shop—two folding glass doors separate the back shop from the front—those doors were open—the distance from Princes-street to Howland-street is much less than from my house.
MR. PAYNE Q. Is the time they were in the back shop aline included in the quarter of an hour that they were there? A. Yes.
HENRY JERRITT . I am in the employment of Mr. King. I saw the two female prisoners there on the 18th of April, between four and five o'clock in the afternoon—they produced this piece of brown silk, and requested to have it matched—I found a match to it—I can swear positively to Lemaire being one of the persons, and to the best of my belief Nelston is the other—I gave them a yard and a quarter of silk to match theirs—I saw them give Mr. King some silver—he went into the front shop to get change—I was then at the front of the shop doing up the silk—that evening I found the piece of brown silk which they had brought to match—Mr. King missed the levender silk next morning while I was out—I am sure this silk is his property—Lemaire had on a black cloak, and Nelaton a mixture of flowers and green—I imagine the cloaks were large enough to conceal the silk.
Cross-examined by MR. PAYNE Q. Can you tell the time nearer than your master? A. No—I know waterloo House.
Cross-examined by MR. DOANE. Q. Is it not your duty to clear up the shop at night? A. Yes—I did so that night, and missed nothing—Mr. King's desk is near the window—it is at the front window—there is a passage to go through to the shop—a person at the desk would be nearer the door than when in the back shop—the counter is nearer the door then the desk—the desk is within about seven feet of the door—you first enter the street door, then half down a passage, and turn to the left, to come into the shop—I was between the desk and the door, when Mr. King went to the desk to get change—I was at the right of Mr. King, nearer to the door—the counter was between me and the door.
MR. ADOLPHUS. Q. That is the counter of the front shop? A. Yes—not the counter at which the woman were—my eyes were fixed on them, though I was doing up the silk in paper.
JAMES HOWELL . I am shopman to Mr. Bartram, a pawnbroker, in Princes-street. This piece of silk was brought to our shop on Monday, the 18th of April, and pawned by the prisoner Duchene—I knew him before—I should think it was between five and sis o'clock—he gave the name of"Relion, 8, Compton-street, Soho"—he did not stat whether he
was a housekeeper or lodger—I advanced 8l. on it—on Friday, the 22nd of April, a man named Nelaton came to redeem it—I had had notice about it, and sent for a police-officer, who took him into custody with the silk—I did not go to No. 8. Compton-street.
Cross-examined by MR. DOANE. Q. Was your shop lighted up? A. No—it was not time—I am quite sure of that.
THOMAS HOBBS . I am a policeman. On the 22nd of April I called in to Mr. Bartram's to leave a bill—I saw Alphonse Nelston there, and took him into custody, and took the silk from his to the station-house—it was under his arm—in consequence of what he said to me I went to No, 38, A. Howland-street—Farrant went with me—it was about nine or ten o'clock in the morning that I took him, and we went off there directly—it might be eleven o'clock when we got there—I rang the bell, and the servant let us in—I and Farrant went up-stairs, leaving a constable down at the door—I saw the prisoner Duchene on the stairs with nothing on but his shirt and trowsers—he had another man with him—I asked him to walk up-stairs, which he did with the young man, into a room—I asked him if they were his apartments—he said, in broken English, "This is my apartment"—I asked him whether he had sold any pawnbrokers' tickets to the gentleman who lived down below, and who was his landlord (meaning Nelation)—he said he did not sell any—I asked these questions in consequence of what had passed between Nelaton and myself—I told him he must go along with me concerning some silks—he said, "What me?—me"?—I saw a door ajar, leading into another room—I pulled it open, and saw Lemaire—she had her morning gown on—I told her she must go along with me also—she was pulling up her stocking—in the mean time the other prisoner, Mrs. Nelaton, came up-stairs, and wanted to know what was the matter—she spoke English pretty fair, as I understood—we told her we should want her also to go along with us—she went down stairs, Farrant following her—we took them into custody—Duchene said, "Are you going to take my wife?"—I told him, "Yes"—he spoke of Lemaire—no other was present—I then searched the room, and found a duplicate, but nothing particular there—I afterwards went to No, 8 Compton-street, but found no such person as Relion lived there.
Cross-examined by MR. DOANE. Q. Duchene denied having sold the duplicates to Nelaton, but not having received them? A. Yes.
THOMAS FARRANT (police-constable C 159). On the 22nd of April I went with Hobbs to 38, A. Howland-street—I went in plain clothes and took a police-officer in his uniform with me—I and Hobbs went into the house and saw Duchene on the stairs with a man who I had just before seen go into the house—I searched the parlour and found a quantity of silk handkerchiefs and a piece of silk lying on the sofa and a few duplicates—I heard Hobbs ask Duchene if he had sold any duplicates to Nelaton and I asked him myself—I mentioned Nelaton's name—he at first did not appear to understand me—I then showed him a duplicate and asked him if he had sold any tickets of that sort to Nelaton—he said he had not.
Nelaton's Defecne (through an interpreter.) I do not know Mr. King—I never entered his house—I never went out with the other prisoner.
Lemaire's Defence. I am not quite sure that I went to that gentleman's house, but I cannot positively deny it—if I did it was to buy a piece of silk—I went with another lady—I never touched any of that gentleman's property, but I do not know whether the other lady did or not—Mr. King as mistaken—I had no cloak on, but I had this shawl on.
Ducher's Defence. The piece of silk was not pawned between five and' six o'clock—it was between six and seven o'clock—if I had known it had been stolen I should not have gone to the same pawnbroker, where I had pawned something previously.
GEORGE MARTIN . I am in the employ of Halling, Pearce, and Stone, of Waterloo House, Cockspur-street. I know a person who I suppose to be the husband of Madame Nelaton. On Monday the 28th of April, I went to 38, Howland-street, hut not in consequence of information from him—I think I left Cockspur-street about ten minutes after four o'clock, and I think I was in Howland-street about half-past four o'clock—I remained there about half an hour—I saw the prisoner Nelaton at home—she was not dressed as if for walking—she had not the cap on she had now and no headdressed at all—her husband was not at home—she requested me to wait till he returned—I think there were some dresses on the table—she was not engaged upon them when I went in—I waited about ten minutes before Nelaton came in, and staid there about half an hour—she did not leave the house at all while I was there.
MR. ADOLPHUS. Q. Had you any particular reason for noticing the time you left Cockspur-street? A. Not further than I had promised the person who came to me to be there at four o'clock, I was not there by four o'clock—I looked at my watch when I started and think it was ten minutes past four, I cannot say positively, but it was between four and five o'clock I am certain—I could not say the time I arrived there to a few minutes—it might have bee near five o; clock—I went straight there—a young girl opened the door to me—I was shown into the parlour—Madame Nelaton was there when I went in—there is a room communicating with the parlour—the young woman opened the door and showed me that Madame Nelaton was there—she had a dark-coloured dress on—quite plain—it would be a very good walking-dress under a cloak—she had not headdress at all—she could certainly have gone out by putting a bonnet on—I believe she is a dress and stay-marker—I went to speak to her about business—I think I have seen Mr. Nelaton before—I think I have seen them both at our house before, and I have seen them in Thayer-street, where I believe they formerly lived—I have been in the habit of dealing with Mr. Nelaton—we have three Frenchmen in our house—I dealt with him for some bandanas and a piece of silk—nothing else; that was both in Thayer-street and Howland-street—once for silk and bandanas together, and once for silk—we had three dealings, not more—they were for my employers—I brought about six handkerchiefs altogether, and two pieces of silk—I was going about some bandanas on the 18th of April—that was one of the three dealings—I dealt for bandanas that day.
MR. CLARKSON. Q. Are you sure you set off from your employer's house a few minutes after four o'clock? A. It was, I should say, about ten minutes after four—I went straight from Cockspur-street to the house—I have been in Halling and Co's employ, nearly eleven years.
FANNY D—I was in the service of Madame Nelaton. On the 18th of April, I recollect Mr. Martin coming there between four and five o'clock in the afternoon—Madame Nelaton had been in-doors all the day long.
MR. ADOLPHES. Q. Were you there when the police-officers came and took all the things? A. Yes—they asked me about Duchene and about Nelaton, but I did not know who it was.
Q. Did not you tell him, Madame Nelaton had been out almost the
whole day, that she came home late to a late dinner, and all the parties, she and her husband dined together? A. No, not that Madame Nelaton—I said, Madame Duchene had been out with Madame Victoire—he did not ask me about Madame Nelaton—he asked me if my mistress had been at home that day or out—he did not ask me any names at all—he asked me who were out; if they were out, if I recollected any of them going out that day, but he did not say any name, to my recollection—I will not swear he did not—he did not say the name of Nelaton, nor my mistress,—I have lived seven or eight weeks with Madame Nelaton—I lived with them two days, in Thayer-street—Nelaton and Duchene dine together almost every day—I do not know what business Duchene is.
COURT. Q. Does Madame Duchene lodge also at that house? A. Yes—no other lady lodges there.
MR. PAYNE Q. Is Madame Victoire there almost every day? A. Every day—she used to come to Madame Duchene—I am quite street it was Madame Victoire and Madame Duchene that went out together—I never saw Madame Nelaton go out with Madame Duchene, all the time I was there—Madame Victoire is a tall lady.
NELATON— NOT GUILTY .
LEMAIRE— GUILTY . Aged 23.— Transported for Life.
DUCHENE— GUILTY . Aged 32.— Transported for Fourteen Years.
BEFORE MR. JUSTICE LITTLEDALE.
1252. APHONSE NELATON was indicted for feloniously receiving, on the 22nd of April, of an evil-disposed person, 59 yards of silk, value 15l., the goods of William Edward King, well knowing it to have been stolen.
JAMES HOWELL . I am shopman to Mr. Bartram. On Friday, the 22nd of April, application was mad by the prisoner to redeem this piece of silk which had been pawned by Duchene—he said nothing, but put the duplicate down with another, and redeemed two pledges at the same time, one being this piece of silk—that is the way persons usually redeem things—In consequence of what I had heard, I sent to the station-house, and before my messenger got there, Hoods came in and immediately went round, took him into custody, and took the silk from him—I had put the silk down, and he had paid for it, and had it in his possession—he took it off the counter.
Cross-examined by MR. PAYNE Q. Are you quite sure he moved it at all? A. I am sure he had it in his possession—whether he took it off the counter, I cannot say—I will swear he moved it from where I put it—he could not have moved it a great way, for the counter is not half a yard long—I put it on the counter, and he reached it across to tie it up.
THOMAS HOBBS . I am a policeman, I went to Mr. Bartram's shop, and saw the prisoner there, finishing packing up a brown paper parcel—this silk was part of it—he then put it under his arm—I asked him where he got it from, putting my hand on it—he said, "From my home"—I asked him to walk along with me, and took him to Vine-street station-house—I took it from him at the station-house, opened the paper, and saw it was some silk, which Mr. King had given me a pattern of—I asked him then, where he got it from—he said, "I bought some pawnbroker's tickets of my lodger—I am a house-keeper"—I asked him where he lived—he replied,
"No. 38, Howland-street," and at the same time gave me his card—Farrant came into the station-house, and then we asked him whether the lodger was in the first or second floor—he replied, "The first floor"—I asked him if his lodger was at home—he said he was—I took Duchens and his wife into custody, and Nelatou's wife, and took them in two hackney coaches, to St. Jame's station-house—at the station-house, Nelatos said something in French, which I could not understand.
Cross-examined. Q. Where was the prisoner when he had the parcel under his arm? A. In the pawnbroker's shop, in a little box—I cannot say whether the pawnbroker was near enough to hear what he said to me—I could not see who was in the shop.
NOT GUILTY .
There were four other indictments against the prisoner for receiving silk, upon which no evidence was offered.
Before Mr. Justice Littledale.
1253. HARRY PAGE was indicted , for that one Charles Kitley, on the 20th of March, having a certain gun, loaded with gunpowder and leaden shots, at and against Zachariah French feloniously and maliciously did shoot, with intent, of his malice aforethought, to kill and murder him, and that the said Harry Page was feloniously present, counselling, aiding and abetting the said Charles Kitley to do and commit the said felony,—6 other Counts, varying the manner of laying the charge.
MR. CLARKSON Conducted the Prosecution.
ZACHARIAH FRENCH . I am bailiff to H. Bacon, Esq., of Bounds-green. Tottenham. On Sunday morning the 20th of March, a little after eleven o'clock, between that an twelve, I went into Dampford wood and saw five men coming towards the wood at some distance—I saw a gun in one of their hands—I have the care of the wood which contains hares and rabbits—it is my business to look after it, to preserve it, as far as lies in my power—th men got into the wood—they did not see me till after they got into the wood—one of their dogs came up towards me and I shot him—I did not call out to them before I shot it—they were in the thicket—another dog came along shortly after, and I called out, "Shepherd, shoot that dog, for I can't, my gun is not loaded, "and he shot it—there were some sheep in the neighbourhood belonging to Mr. Bacon, which had been worried that morning and one laid dead on the ground—as soon as the dog was shot, I saw two of the men come out of the side of the wood and run back directly—I said, "It is no use your running away, I know you, and am determined to have you"—they ran away into an adjoining pasture field, belonging to Mr. Rhodes, adjoining the wood—we followed them down towards that field, in our own field, and saw the five men—there being only two of us, and Kitley, one of the men, having a gun in his hand, we thought it right to retreat—we came running back, and the men after us, as fast as they could, calling out, "Shoot the b—b—, "and all that sort of language—we thought it right to run away to get assistance—after Kitely had ran a distance and got ground on me—he pointed at the shepherd twice, and then shot at me, before I could get away—the prisoner was with them at that time—I heard the shot rattle over my head like hail-stones—after firing the men went back—I went for assistance, and left the shepherd to see where they went—I knew Page before—he has worked on the farm—he
was a very troublesome fellow—I know his person, but had forgotten his name at the time—I don't swear to his voice—there were different voices—he was among them—I can say that.
Cross-examined by MR. PHILLIPS. Q. Though you knew him so well, you forget his name? A. I forgot it for the moment—I told the Magistrate I knew him by sight; but forgot his name—he was not present at that time.
JAMES SCOTT . I am shepherd to Mr. Bacon. On the Sunday morning, I had been early in master's field, and found the sheep had been worried, and one killed—I traced the footsteps of two men, but found nobody there—about eleven o'clock the same morning, I was in company with French, with my gun—Dampford wood, is a preserve of master's—French was rather before me—when I got to the wood, I heard him call me—I was about two hundred yards behind him at that time—I went up to him, and saw a dog run by—he called out to me to shoot it, which I did—when I got up, the men had run away from the wood—I went towards Mr. Rhodes's field adjoining the wood, and saw five men—I am not positive that the prisoner was one of them—I believe, by the colour of his clothes, when we apprehended him, that he was one; but I cannot say positively—I knew him before—finding five men, we retreated, and the five men ran after us—all of them cried out—(Kitley was among them with a gun)—they cried out, "Shoot the b----b----" and various expression like that—shortly after, Kitley discharged his gun at French—he was about fifty yards from him at the time—Kitley pointed the gun twice at me before he discharged it—it appeared, by the sound of the shots, that it was pointed at French, when he fired it—there was a distance of three of four yards between French and me—when the gun was discharged, I heard the shots rattle in the hedge, and in the boughs of the trees—the men all ran away—we went for assistance, but they had got out of sight them—Fowler, Foster, French, and I went in pursuit of them, and took Page into custody, with a man named Smith, near Colney-hatch, about a mile and a half from Bound's green—we handcuffed them, and put them into a cart together—it was between seven and eight o'clock—in going homewards with them, we stopped at a beer-shop, having information that some more of the party were there—the two men were in the cart, and I with them. but all the others were in the beer-shop; and by that time it had got quite dark—Page and Smith sprung out of the cart, handcuffed together, and ran away—Kitley, George Page, and Cartwright, were afterwards apprehended and tried here.
Cross-examined. Q. How far is Colney-hatch from Page's house? A. Rather more than a mile, I believe—I knew him well before, and knew his features quite well—the five men were not all together—I was within fifty yards of Kitley—I will not positively swear the prisoner was one of the party.
MR. CLARKSON. Q. Were the other parties behind Kitley? A. They stopped rather behind—they were about one hundred yards off at the time be shot.
MR. PHILLIPS. Q. You said Page was very troublesome when in your employ; I suppose you were not very good friends? A. We were good friends.
JOSEPH FORSTER . I am a constable of Totenham. In consequence of information on this Sunday, I, in company with Fowler and others, went to the prosecutor's and got information from him, and went to apprehend the parties—I took the prisoner into custody about eight o'clock at night, in a lane going from the Orange-tree to Colney-hatch—he was in company with James Smith, whom I was looking for as well as him—I took them both into custody, and handcuffed them—I went into a beer-shop on the road to the watch-house, to apprehend some more—I got out of the cart-when I returned I found Page and Smith both gone—I re-apprehended Page on the 17th of April, at Muswell-hill—I asked him what he had gone with the handcuffs, he said, they dropped off his hand—I told him I wanted him for the charge I had had him before, for shooting at Mr. Bacon's bailiff—I had told him what it was for, when I first apprehended him.
Cross-examined. Q. You told him you took him for shooting at a man? A. For being in company with the others.
Prisoner's Defence. I was not there—I was at home at the time it happened.
ANN PAGE . I am the prisoner's mother. He was living with me on Sunday, the 20th of March—he went out at seven o'clock that morning and came home about half-past ten, or it might be nearer eleven o'clock—he complained of a head-ache, and laid down on the bed—I went to church at half-past one o'clock, leaving him on the bed—what became of him afterwards I cannot tell.
MR. CLARKSON. Q. What time did you go to church? A. Three o'clock—to Hornsey church—I believe my husband is at home—he has been up here two or three days—I have two children at home—one fourteen years and the others eleven years old—they were both at home that Sunday—I left them at home this morning—I went out at half-past one o'clock to go to church—my son did not go out after half-past ten o'clock till I went to church—I left him at home—he lives at my house—the officers searched my house—it was Jack Levin's gun that they found or the bed—he does not lodge at my house, but he left it there—I know Kitley—I nursed him from his birth—he came to my house at times—George Page is my own child—I do not know where he is now—he was not at home that Sunday—he was tried here—he lived in my house till he was taken up—I know Cartwright—he was a neighbour's child—I know the name of James Smith, it has been so public, but I do not know the man—it is down on the paper "James Smith"—the prisoner slept at home that Sunday night—he went to bed about nine o'clock—I did not find him at home when I came from church—I cannot tell exactly the time he came home that night, or what time he went to bed—I cannot tell what time I went to bed myself—it was about ten o'clock—I do not know that he was at home when I went to bed—he always does sleep at home—that was my only reason for saying he slept at home that night—the officers had not been there after Harry that day several times—it was after Goerge—they did not ask for Harry at all—I will swear that—they did not search the house for him—it was for George—I cannot tell at what time the officers came—I forget whether I saw Harry that night before I went to bed.
MR. PHILLIPS. Q. You did not come as a witness for George last Sessions? A. I did not—he was not at home that day.
JOSEPH FORESTER re-examined. I went to Mrs. Page's house on the Sunday I received the information, about four o'clock in the afternoon—she was not there then—I went for the two pages—I saw the father at the house, and explained for whom I came—I went again in the evening, as near as I can recollect, between nine and ten o'clock—I then found Mrs. Page at home—I asked her if her sons had come home—she said no, she had not seen them—I am sure I gave her to understand I came for both her sons—I spoke of both of them to her and to her husband—I went again between twelve and one o'clock; at midnight—I saw the father and mother too—I demanded the door to be opened, and the father refused to open it, swearing he would knock my brains out with the poker if I attempted to come in—I threatened to break the door opened—Mrs. Page persuaded him to open it, and afterwards it was opened—the father stood with the tongs in his hand to do as he threatened—I searched the house, and neither George nor Harry were there—I again asked her if her sons had come home—she said no, neither of them were there—I searched the house thoroughly, and went to a shed adjoining, which was fastened inside—I wrenched that open, and in that found Berry Cartwright—Dampford wood is about two miles from their house.
JURY to SCOTT. Q. Did you know the prisoner before, when he worked on the farm? A. He had worked three days on the farm—I was not perperfectly acquainted with his person—I had seen him at work—French had a better opportunity of knowing him than me—I was not near enough to recognize him that day.
NOT GUILTY .
Before Mr. Justice Park.
1254. SAMUEL DUTTON was indicted for feloniously and entering the dwelling-house of Thomas Sapsard on the 23rd of April, at St. Leonard. Shoreditch, and stealing therein 1 hat, value 4s.; 2 handkerchiefs, value 2s. 9d.; 1 waistcoat, value 6d.; 1 gown, value 3s.; 1 petticoat, value 1s. 6d.; 1 pair of boots, value 3s.; 3 aprons, value 9d.; and 2 bed-gowns, value 1s. 6d.; the goods of the said Thomas Sapsard.
THOMAS SAPSARD . I live in Kingsland, in the parish of Shoreditch—I am the housekeeper, and have lodgers. On Saturday afternoon, the 23rd of April, my wife went out about seven o'clock in the morning—I went out about six o'clock, before her—I returned home at one o'clock—she had not returned then—I went out again—I bolted and fastened the doors, and left nobody in the house—the house stands alone—the windows were all fast—I came back at five o'clock—my wife had not come home then—I followed the back door broken open, and a candle a light—the front shutters were shut, which made it very dark—my bedroom is on the ground floor—I went into it, and missed my hat, a waistcoat, and a handkerchief—I have seen them since.
SARAH SAPSARD . I am the prosecutor's wife. When I came home I missed a gown, a pair of women's boots, a shift, four aprons, two bedgowns, a petticoat, and a table-cloth—I have seen them since—I had put them into the drawer, and know they were there in the morning.
ALEXANDER MOIR . I am a pawnbroker, and live in Kingsland-road. I know the court in which the prosecutor lives, it is in the parish of St. Leonard, Shoreditch. On the 23rd of April, between three and four o'clock in the afternoon, the prisoner pawned a gown with me in the name of William Smith, 2 Queen's Head-walk, for his mother.
GEORGE ARNOLD . I am a pawnbroker. I have a waistcoat and handkerchief, pawned on Saturday afternoon, the 23rd of April, between three and four o'clock; and, to the best of my belief, by the prisoner, but I never saw him before—I gave him 1s. on it, in the name of John Smith, 2 Kingsland-road, housekeeper.
EDWARD ALLPORT . I am shopman to Mr. Hewitt, a pawnbroker, in Kingsland-road—I have a petticoat, a pair of woman's boots, two aprons and a bed gown, pawned on the 23rd of April, between three and four o'clock, for 4s., in the name of John Smith, lodger, 2, Queen's Head-Walk, Kingsland-road.
JAMES CLARK . I am a policeman. In consequence of information, I went with the prosecutor, on Sunday, the 24th of April, to Hackney-road, and saw the prisoner near the church—I told him I wanted to him for breking into Sapsard's house—he said, "Well, it is no use to deny it, I will tell you all about it"—I asked him where the duplicates were—he said he had torn them up when he came out of the shops—I had found some of them at the pawnbroker's before—he had a handkerchief on his neck, which I produce.
(Properly produced and sworn to.)
GUILTY . Aged 16.— Transported for fourteen years.
There was another indictment against the prisoner.
Before Mr. Justice Littledale.
1255. WILLIAM SEYMOUR was indicted for stealing on the 16th of February, at St. Margaret's, Westminster, 1 coat, value 1l.; 1 pair of breeches, value 4s.; 5 waistcoats, value 15s.; 3 gowns, value 10s.; 1 shawl, value 8s.; 1 pair of sheets, value 3s.; 1 tea-caddy, value 3s.; 1 shell, value 2s.; 3 towel, value 2s.; 2 pairs of window-curtains, value 1s.; 1 buckle, value 1s.; pair of spectacles, value 3s.; 1 brooch, value 2s.; 5 sovereigns, 1 guinea, 1 crown-piece, and 1 piece of foreign coin, value 4s. 6d., the goods of Richard Wyatt, in his dwelling-house.
ANY WYATT . I am the wife of Richard Wyatt, a journeyman tailor, and live in Queen's-row, Palmer's Village, Westminster, in the parish of St. Martin's. We rent the house, and have lodgers—he is the housekeeper—the prisoner is a jobbing bricklayer, and was at work at our house on the 16th of February, and had been so about a fortnight—nobody was at work in the house besides him—we have no servant—we had three lodgers at that time—on Shrove-Tuesday, the 16th of February, I left home at eleven o'clock in the morning, and returned at half-past eight o'clock—my husband had gone out before me, and got home before me—I left the prisoner in the house—we have three rooms to ourselves, the kitchen, parlour, and second floor front room, which is our bed-room—I locked up the bed-room when I went out, and put the key on the mantel-pieces, in the parlour—I locked the parlour door, and had the key in my pocket—when I came in I found my bed-room door pulled too but unfastened—the prisoner was not there when I came home—all my lodgers were there—I examined my drawers in the bed-room, and missed the property stated in the indictment—they were all our property, and worth about 10l. altogether—the prisoner did not come to work next day—his work was not finished, nor is it finished now—every thing was safe in my drawers when I went out—I never saw him afterwards till he was in custody.
JOHN STATON . I live in Somerset-place, Palmer's Village. On Tuesday, the 16th of February, I was going towards home, between five and six o'clock, and saw the prisoner—I did not know him before—I was passing by, and he had got a bundle in his right hand, and the tea-caddy under his arm—his hat fell off—I am perfectly certain it was him—it was about fifty yards from Wyatt's house—I picked up his hat, and saw something white in it—I do not know what—I put it on his head. and said."That contains too much to put on your head"—he replied, "I am drunk"—it appeared to be a French polished tea-caddy—I turned my back round and saw him go to the top of Wood's brewhouse, in Buckingham-row.
Prisoner. Q. Was it light or dark? A. Quite day-light.
AMELIA WHITE . I am the wife of William White, a farrier, and live in Queen's-row, Palmer's-village. Last Shrove-Tuesday I was at the top of York-street, at Mr. Glover's public-house, and saw the prisoner—I had seen him two or three times before—I think it was from five to six o'clock, but I cannot exactly say—he came into Glover's with a bundle in one hand and a French caddy in the other—he was with a soldier—he called for something to drink, and laid down a French dollar—he picked it up again and laid down a five-shilling pieces—I asked him if he was not our bricklayer—he said, "Where?"—I said, "Palmer's-villages"—he made no answer, but drank what he called for, and went quickly off—the soldier went out with him—I heard of the robbery next morning—the public-house is about a quarter of a mile from Wyatt's.
WILLIAM CLIFTON . I am a policeman. I apprehended the prisoner on Wednesday, the 4th of May, in Great Chapel-street, Broadway, Westminister—I told him, at the station-house, that I took him for a robbery in Palmer's-villages—he said he knew nothing about it—I took him to the office, and he said, "Clifton, when do the Sessions begin at the Old Bailey?"—I said, "I believe it is on the 9th"—he said, "I suppose this will be a bellowser for me this time, Clifton?"—he knew me very well.
GUILTY . Aged 21.— Transported for Life.
First Jury, before Mr. Sergeant Arabin.
1256. GEORGE MATTHIAS HOWARD was indicted for feloniously breaking and entering the dwelling-house of Joseph Parker, on the 26th of April, at Twickenham, and stealing therein 1 jacket, value 2s.; 1 razor, value 1s., and 3 printed books, value 1s., his good, and that he had been before convicted of felony.
ELIZABETH PARKER . I am the wife of Joseph Parker, we live in a house by ourselves on Twickenham-common. On the 26th of April, I went out about three o'clock—I fastened the door and hung the key behind the shutters—I locked the house up—I returned at about five o'clock, and found the key where I had left it—I went into the house and missed a book almanack, a jacket, a razor, and two other books from the back kitchen cupboard—the prisoner lives about eight or nine doors from me with his parents, who are labouring people—I did not find any part of the house broken—I suppose he must taken the key from behind the shutters, and got in—I do not know whether he had ever seen me put the key there—I have never found my property.
home about a quarter past three o'clock—she was not at home—I saw the prisoner in her yard, and asked if Mrs. Parker was at home—he said, "No, she is just gone out"—I left the pan and returned home—I went back again in about half an hour, and he was still there—I went home and in a quarter of an hour after I saw him at the gate—I never saw him with any property.
MARY SEARLE . I live about six doors from Mrs. Parker. I went to Mrs. Howards on the 26th of April, about three o'clock, and saw the prisoner at his mother's with a book almanack—his brother asked him how he came by it—he said he gave a man one penny for it; and last sunday week, I saw him with a blue jacket—his brother was trying it on in his mother's house, two or three doors from Mrs. Parker's.
WILLIAM ALLAWAY . I am a policeman. On Tuesday, the 3rd of May, I was informed of the robbery, and went to the prisoner's mother's. I saw him at the back of the house, and told him I wanted him about the jacket and books of Mrs. Parker's—he said he knew nothing about it, that he bought a book of drunken man who had the things to sell—I showed him this almanack, which I found there, and asked him if that was the book—he said it was.
MRS. PARKER re-examined. It is my almanack. I know it by a little piece torn out of the corner—I left it in the cupboard when I went out—I lost a blue jacket—I have not seen that nor the razor since—there are two windows in front to my house, and two backwards—one window was up.
SARAH HANNAH BROWN re-examined. When the prisoner came out of the gate the third time, he had something concealed under his jacket, which was buttoned up, and stuck out, but I could not see anything under it.
WILLIAM CAMPBELL . I am a policeman. I produce a certificate of the prisoner's former conviction, which I got from the Clerk of the Peace at Clerkenwell (read)—I was a witness, and know he is the same boy.
Prisoner. I was never in the woman's house.
GUILTY of stealing only. Aged 13.— Transported for Seven Years.
HANNAH STEPHENS . I am the wife of James Stephens. He keeps a coffee-shop in Great Windmill-street—Hall has lived in our services six or seven months, and Wright about three weeks—on the 8th of May, between eight and nine o'clock in the evening, they were in the back parlour where we keep our till—I had been to the till just before, and know they were two half-crowns there, and about 13s. or 14s. altogether—I just walked to the shop door, opened it, and looked out for about two minutes, leaving them both sitting together—when I came back, I went to give change, and missed the two half-frowns—there was nobody else in the room, and nobody else could have taken them—one could not have done it without the other seeing—neither of them had any right to go to the till—as soon as I missed the money, I asked them if they had taken it—they both denied it, and said they had not been to the till, nor seen anybody else go—Hall then went down stairs, and Wright remained—he began to poke the fire—I asked hall what he was doing down stairs—he said stirring the fire—my husband came home—I told him, and he questioned them—they
denied it—a policeman was fetched, and they went down stairs.
THOMAS VIVIEN . I am a policeman. I was sent for to the house and saw the two boys in the sitting-rooms by the side of the coffee-room—Mr. Stephens said they had been robbing her, and she gave them in custody—Hall said if I would go down stairs, he would show me where the money was—I went down stairs—he pointed to the flue of the copper, and said "The money is there"—I said take it out—he took out a half crown and a shilling—he said Wright had got the rest—I called Wright-down stairs, he opened another flue, and said, "The other half-crown is in this book"—I opened it, and took out a half-crown and six pence.
(The prosecutor gave Wright a good character.)
HALL— GUILTY .* Aged 19.— Transported for Seven Years.
WRIGHT— GUILTY . Aged 15.— Confined One Month, seven days solitary.
REUBEN SMITH . I am a milkman. The prisoner was my carrier—I used to breakfast and dine at the Cow-house, in George-street, Bloomsbury—she used to milk the cows, a wash my things up there—I had a spoon there, which I used at breakfast—I missed it on Monday morning the 2d of May, and in the evening it was found.
Prisoner. Q. You told me to take the spoon to pawn for you? A. I did not—I did not want to buy a silk handkerchief unknown to my father and mother.
REBECCA BOND . My husband is a pawnbroker, an lives in Phoenix-street, Somer's-town. On Monday, the 2d of May, the prisoner brought the spoon to pawn—I asked her whose it was—she said her own—I said, "Where do you live?"—she said, "Oh, in here, at Somer's-town"—I said, "Where?"—she said, "Oh, No.2, "—I said, "No.2. where?"—she said, "Oh, George-street—any where"—I said, "How long has it been yours?"—she said."Six years"—I said, "You must wait while I call a policeman"—and I went to the door—she tried to escape, but I would not let her—I got a policeman—she sent us to one place, then to another, anything she she lived there, but she did not.
GUILTY . Aged 20.— Transported for Seven Years.
THOMAS DEAN . I am a market-gardener, and attend Convent-Garden market. I was there on the 7th of May, about half-past nine o'clock, and had a cart loaded with baskets—I left my coat in it—I was not absent ten minutes—I was not away from the cart above seven or eight yards in sight of it, and saw the prisoner snatch the coat from the cart and run away—he had a little boy with him—I took him seven or eight yards off, with it, and gave him in charge of the policeman directly.
Prisoner. The cart was loaded with manure—the coat was not on the basket—It laid in front of the cart—not inside it at all.
(Properly produced and sworn to.)
Prisoner. I was coming from the public-house, when I was accused taking the coat.
(Bridget Coleman, the wife of a labourer, gave the prisoner a good character.)
GUILTY . Aged 34.— Transported for Seven Years.
RUEBEN MICHAEL BERHY . I live with my uncle and aunt in Spital-street. My master, Mr. Clifford, lives in Nicoll's rows, Church-street Bethnal-green—he sent me for some candles, soap, and oils, and gave me a shilling—I had 4 3/4 d. change—I had got the things from Mr. Williams—I saw the prisoner in the shop with another boy—he was served at the same counter as me, and saw me get the change—I went out, and was going down Nicholl's-row,—he and the other ran after me, and said the man had given me too little—I put the basket down to count my money and he snatched the 4 1/2 d. out of my hand and ran away—the other boy ran after him—I am sure of the prisoner—it was about seven o'clock, or half-past—I lost sight of him, and went back to the shop, and, as I was going home, I saw him with the policeman.
JAMES MUNNOCH . I am a policeman. The prosecutor came up to me and said, "There is a boy who robbed me of 4 1/2d."—the moment the prisoner saw me coming up he ran away—I took him, and said, "You are charged with robbing this boy"—I took him to the shop, and Williams said he had been there at the same time—he denied it—William said he would swear he was the boy.
Prisoner's Defence. I never took it.
GUILTY . Aged 16.—Recommended to mercy by the prosecutor— whipped and Discharged.
PETER SCOTT . I sell soda water-water, and have a cart, which was in Rodney-street, Pentonville, about half-past eleven o'clock—I went into the public-house, leaving a boy in charge of the cart—somebody gave me information—I went out and saw the prisoner in charge, and the witness with my coat, about a quarter of a mile from my cart—I know nothing of the prisoner.
RICHARD HENRY ASHTON . I was in a house near to which the prosecutor was—I saw the prisoner and his companion coming up Rodney-street—they crossed the road—the prisoner turned to his companion and spoke to him, and then looked into the cart—they returned, and the prisonr's companion, got into the cart, and looked—the prisoner, walked to Henry-street—his companion took the coat, gave it to the prisoner, and man off—I ran and caught the prisoner in Ann-street, with the coat under his arm, and held him till the prosecutor came.
GUILTY .* Aged 18.— Transported for Seven Years.
HENRY SPENCER . On the 28th of April, about six o'clock in the evening, I saw three men lurking about the prosecutors's premises, in Brook-street, New-road, talking together—the prisoner crossed to the end of Henry-street—another went towards the premises, and the prisoner beckoned to him—shortly after that one came to the prisoner with a board, and they went in the direction of Hampstead-road—I went to the prosecutor, and gave information—a gentleman came with me into Hampstead-road, and we stopped the prisoner carrying the board.
Cross-examined by MR. PHILLIPS. Q. Did not the prisoner appear to have been drinking? A. He might—I do not think he had—they had been lurking about a long time.
WILLIAM KAY . I am in the service of Robert Collins and his son, cabinet-makers, in Brook-street, New-road. Spencer came and said some men had taken a board from our premises—I followed with him, and over-took the prisoner at the corner of Tottenhan-place, in the act of pitching it down—I am positive the board is master's—I miss three boards—I saw it cut.
Cross-examined. Q. Is there any mark on it? A. No, but I know it Mr. Collins has sworn to it.
WILLIAM HENDRICK . I was standing at the end of Tottenham-court-road, and saw people running—the witness came up and said a man had stolen some boards—I saw the prisoner put the board down, and ran after him.
(The prisoner received a good character.)
GUILTY . Aged 56.— Confined Three Months.
WILLIAM MADDOCK . I am a gentleman's servant, out of employment, and live in Crown-court. The prisoner is my brother—he came out of confinement the latter end of March—he had neither victuals nor money, and I made him welcome to my lodging—he came backwards and forwards several days—and about the 1st of April, he said if he could find a friend, where he could sleep, he thought he might get something to do—I took him in out of charity—I lost a coat and 1s. 6d—I have not found my coat since—he was apprehended fourteen or fifteen days afterwards—nobody could take it from my room but him—my doors was fastened—he left his own coat on the table, and mine was gone—I left my money in my trowsers pocket—it was taken between four and five o'clock in the morning—he got in the morning and went away.
Prisoner. It is only a made-up job, because we have little property coming to us. Witness. It is no property which will be claimable—it has been tried by his uncle, who is a ship-owner, and his solicitor finds he cannot claim it.
CHARLOTTE MADDOCK . I am the prosecutor's wife. The prisoner slept in our room—I was ill—he was up and down several times in the course of the night—I saw him take my husband's coat off the nail and hand it on chair—I dozed, and awoke afterwards, and saw him sweeping the room I awoke again soon after, and called to him—he made no answer—I got
out of bed and awoke my husband—his coat and money were gone—the prisoner left his coat behind—there was no property left that we can claim.
Prisoner's Defence. They first said they were asleep when I went out—the woman says she saw me take it—whey not stop me at the time?
Witness. I saw him move it—I did not see him go out.
NOT GUILTY .
NEW COURT,—Saturday, May 14th, 1836.
Sixth Jury before Mr. Recorder.
1264. BRIDGET CRONAN was indicted for stealing, on the 13th of April, 4 handkerchiefs, value 1s. 6d.; 1 petticoat, value 9d.; 1 pair of shoes, value 5s.; and 1 waistcoat, value 6d.; the goods of Williams Harper, her master.
ROSETTA HARPER . I am the wife of William Harper, a shipwright, and live at No. 4, Gill-street, Limehouse. The prisoner lived three months in my service—I missed a great many articles—I found fault with her, and she quitted on the 11th of April, during my absence from home—I missed a pair of shoes the next day, of my son's, who is seventeen years of age—she came again on the Thursday—I asked her about the shoes and a petticoat I had missed—she left again during my absence—I did not know where she lived, but my little girl did, and she pointed out the house to me—I wanted her to come to my house to sleep, but she said if she gave up her lodging, she should not get it again, and she was at no expense—I paid her a half-a-crown a week—she had told me she had lodged in St. Ann's-street, but I did not know the number.
JOHN MITCHELL (police-constable K 202) I live in Granby-street, Poplar. The prosecutrix accompanied me to St. Ann's-street on the 14th of April—I did not find the prisoner at the lodging—I only know it to be her lodging, from what the party who kept the house told me—I found the prisoner, three or four hundred yards from the house, in another house—I found these things which I now produce, in a house in St. Ann's Streets—they were shown to the prisoner—she looked at them, and said that she did take them from her mistress, but her intention was to put them back again—here is a white petticoat, a white waistcoat, two pieces of silk, a silk handkerchiefs, and two pieces of cotton.
Prisoner. He never shewed them to me. Witness. They were shown to her on the table at her own house—every articles was opened to her before they were tied up—she said she had taken the shoes and pledged them for 3s.—she did not say she had not pledged them herself—here is my signature to the depositions—she said she did not pledge them herself, had that she took the shoes.
JOHN KENNET PARKER HARRIS . I am a pawnbroker. I produce a pair of shoes that were pledged with me on the 11th of April, by a female,—but I cannot swear whether it was the prisoner—I have seen her in the shop occasionally.
(Properly produced and sworn to.)
Prisoner Defence. When first I went to my mistress, she said she could not get me a bed for a week—I got a bed at the end of the week—I grumbled about having to go away at nine o'clock at night and come
at five o'clock in the morning—then she said would pay for my lodging, but I was obliged to pay it myself—On the Monday I left, she told me to go and pledge a gold chain, and to ask £2 5s., and I got but 3s. for it—then she blowe me up so severely, and said, "You rotten b—you have been out all day"—then I asked her for my wages.(3s.)—she said I had got no wages—I then took she shoes and pledged them for 3s.
Prisoner. These other things are all mine, excepting the waistcoat, which is my brother's. Witness. It is false; this petticoat I have had for many years.
GUILTY . Aged 19.— Confined Three Months.
MR. CLARKSON conducted the prosecution.
LYON SAMUEL . I live on Ludgate-street, and am a jeweller. I have lived there about three years and a half, and am the housekeeper—I am married and have a family—I know Mr. Welbey—he is refiner, and lives in king-street, Soho,—I had carried gold to him to exchange for money, to sell to hi,—I went to his house for that purpose on the 14th of April last—I believe it was on Thursday—before I went there I had made a communication with an officer named Trueman—I saw him a fortnight ago in Regent-street—I though him a clever looking man, and said, "Trueman, there is my card, "and appointed him to attend me on the 14th of April—I went to the house of Mr. Welbey and took some parcels of gold—I ascertained the weight of them at home—I made a memorandum of the weight, and gave it to Trueman as well—I took 480z. 14dwts—I have got the weight, down—I have not got here all the articles that I had with me when I went to Walbey's—I have got a parcel of gold which he threw out, which would not suit him, and the other gold the officer he got—I have not got in these parcels all I brought away—I am missing 10z. 5 or 6dwts—I brought away 20z. 4dwts., which he threw out—it would not suit him—he purchased of me 450s. at 55s. an ounce; for which he paid me £124 8s. 6d.—I have here to-day 20z. 4dwts., and the officer has got about 12dwts. 10grs.—he has no more, because the chain could not be found, as Mrs. Welbey threw it away—when I had made these weights I gave the officer the statement of the amount of the weight of the gold—the gold was in four parcels—I took down the weight of each of them at home—one parcel consisted of gold chains that weighed 110z. 12dwts.—they were some of them broken pieces of chain—I believe it was between one and two o'clock when I got to Mr. Welbey's—before I went I had given Trueman some silver spoons, to enable him to come and see what was going on—I went into the shop and showed Mr. Welbey these various parcels of gold—I opened the whole lot on the counter—he looked at it and tried it—I saw him, as he tried the parcel of chains on the stone, take a few more pieces of chain and drop one pieces into a bowl as he turned round to come to me—he took up one piece and put it into the bowl, he took the other pieces in the left hand, and it was from his right hand that he dropped the piece in to the bowl—I wanted to know what weight he would take of the chain, and therefore I desired him to give me the weight of the chain parcel—he weighted it and gave me the weight as 11oz. 3dwts.—it ought to have been 11oz. 12dwts.—9dwts. were gone—that
pieces was not recovered, it was thrown away by his wife—he then looked at the other parcels, from which he threw out the common gold, which I have got here—he examined the other parcels, and I saw, on his looking at the different parcels of gold, that the put a piece sunder his thumb, he had an apron on) and be conveyed it to one of his troswers pockets—the officers was not present—he was gone out—he told him he should go out—the officers came in before he had examined the gold chains, and Welbey told him to come again in a quarter of an hour as he was busy—he was in plain clothes. I saw Welbey take a piece of gold under his thumb, and put it in his pocket twice—I saw a gold thimble as plain as I see you—I did not give any alarm, nor say anything about it at that time—he proceeded to weight the whole of it—he put it altogether, and agreed with me at a price—it was then weighted.
COURT. Q. Did you complete the bargain and take his money? A. Yes, and have kept it.
MR. CLARKSON. Q. Did he give you any memorandum of the amount of the weight of the gold? A. Yes—he gave me a bill for 450z. 5dwts. at 55s., 124l. 8s. 6d.—I left that gold with him, and he has had it ever since—the officer came in again when he saw me being paid, and I said after the money was paid, "It is not all right—my weight is not correct according as I brought you in"—I had told the officer, "If my hat stands on the counter, he has taken nothing—If my hat is on my head, he has taken something," and it was time for him to come—the officer walked up and down—I made the signal because he has stolen of me before—upon the officer coming in—I said, "it is not all right—I am short of my weight"—Welbey said, "You will find it all right at home"—I said, "No, I shall not, you search his pocket"—I had then weighed the gold, he refused to purchase—that was 20z. 4dwts., which is down on the bottom of the bill—I said to the officer, "You search his pocket, I saw him put some in his pockets"—the prisoner said he had got no gold—the officer ran round the counter to lay hold of him, and Mr. Welbey put his hand in his pockets and was fumbling with his hand—the officer seized his hand, and from between a comb and some pieces of money, one of the pieces of gold was found—I came round as the officer held his hand, and saw (on going round) some pieces of gold drop out of his trowsers—the officers said, "There is something fallen"—I said, "Yes, there is some gold fallen, "which the officer picked up afterwards—there was a thimble and another piece of gold to match one piece of gold that he took out of his pocket"—I said to the officer, "There is a piece of chain he threw into the bowl"—when the officer went to catch the bowl the prisoner's wife laid hold of it and threw it away—when the officer came to look in the bowl, the gold was gone—I said, "Never mind, tat is sufficient to bring him before the magistrate"—I cannot tell whether the wife came in before or after the officer came in—upon that the officer took him into custody—I said, "Never mind, you take him and bring him before the magistrate"—the prisoner took me in a little room, and said."Samuel, for God's sake; I will give you any-thing; didn't take me before a magistrate; I will pay you any thing you want"—I said, "Mr. Welbey, you robbed me before it is not money I want, I want justice; a respectable shop-keeper, like you, to rob people—I would sooner forgive a person that came in and took any thing, than such a man as you".
Cross-examined by MR. PHILLIPS. Q. You saw this officer in the street? A. Yes. I though he looked like a clever fellow, that would answer my purpose. I had known Mr. Welbey many years. I had seen
him rob me before—he refused some gold which I took him—he tried the metal with aquafortis—it is no matter whether it is aquafortis or aquafiftis—I told you before that he tried it on a stone—of course he tried it with aquafortis.
Q. Did he not try it with aquafortis, and tell you it was not gold; and did not he refuse it? A. Of course he did—and when he said it was not gold, he threw that out before he bought it—I took it back—I brought that to him as gold, but that has nothing to do with it, I bought it as such—I do sometimes test my gold, before I buy it; but sometimes I may have a parcel of gold, and there may be some pennyweights of brass in it—the value of a penny weight of fine gold, is about 4s.—I often buy brass for gold of a respectable shop-keeper, but I get it exchanged again—I do not know it till I find it our—the pieces that is brass weighed five or six penny weights—he rejected two ounces four penny weights, altogether—it was common gold, not equal to the quality he paid me 55s. for—that would be 5l. 10s., at that price—that would be worth 40s. an ounce—I told you before, that Mr. Welbey said, it was not gold at all, upon truing it with aquafortis-when he threw the piece of gold chain into the little bowl I was, perhaps, two or three yards from him—of course I saw him—he thought I did not look at him—some of the gold chain was broken, some not—I did not say there were all broke pieces of chain—I said, some were—I did not exactly measure it, to see whether it was all broken—the piece I saw him throw into the bowl, would be worth 24s., and weighed five penny weights—I said to the officer, "Never mind that, "—I was afraid he would run away—I looked close, and saw him do it, of course—I looked down close at his hand, when he was doing it—I saw him take it—he did it in my presence, when I was looking down close at his hand, the thimble laid on the top—I looked close down, and saw him put it on his thumb, and pout it away—his hand was about half a yard from me—my face nearly touched him—I was looking close down at his hand, that I might see what he was doing—I never made a charge of this kind against any body, to come before any body.
Q. Did you ever go to the shop of a person who had bought something of you, and charge him with purloining any thing? A. I never gave any body in charge in my life—I charged a party who took some things of me, but did not bring them before a magistrate—it was a man in my shop who had been with me about eight days—I discharged him—I really could not remember the name—I went to Mr. Phillip's shop—very likely I sold him some silver—I dare say that is seven years ago—I did sell him silver, and bought of him—he knows me well.
Q. Do you remember, after selling him some silver, your coming back to the shop, and charging a boy, a son of his, with stealing a pint mug? A. I said, I lost a pint mug, which I found at a coffee-shop—they brought it to me, and I came back, and said, "I beg you pardon: I charged you wrong"—very likely I had said that the little boy had taken the mug out of the bag—I dare say his mother asked me where I had been after I left the shop—I very likely said, I had been to a coffee-shop, and she told me to go there, and very likely I should find it—I did go there, and went back and said I could not find it there, and the coffee-house keeper came after me with the mug which I had left out of my own bag—I might say"If the coffee-housekeeper had not brought me the mug I would have taken you up"—I know a man named Shepherd—he told me he would be here—he is at Mr. Hawley's shop—I call there every day.
Q. Do you remember saying to Sheperd, in reference to this charge, "If
I could get 100l. out of him, I would let him off?" A. No, I did not—I said nothing of the kind—he never asked me how I could let him off and I did not say that I must go out of the way—I said nothing of the kind.
Q. Did not Shepherd ask you whether 50l. would not do, instead of 100l.? A. I do not remember it—he did not say any thing of the kind—I did not say "No, I shall have to pay 40l. for my recognizance"—I said nothing of the kind.
Q. Now it will be his oath and yours? A. Yes, I know he did—he is not particular—he went to a shop-keeper, and I said to him, "Mr. Shep heard, how can you say so and so"—he said, "You did say it"—he told me, he would come and repeat the conversation—I did not threaten him—this conversation with Shepherd, was on the very day after I came from the office—I called in the shop—I call there almost every day—I asked if he had any thing to sell—what difference does it make what people say of me—I went to another shop to look at the stock—to buy the whole—I offered 2300l. for it—if I go by the shop where Shepherd lives, I go in I makes no difference—it is four or five months ago, since Welbey robbed me before.
COURT. Q. How many times had you dealt with him, between that time of suspicion and your applying to the officer? A. I had dealt with him for three of four years—I did not deal with him afterwards, till this time—I called, on my own account—I don't think it is three months ago, but I would rather say five months than be wrong.
MR. PHILLIPS Q. Is this one of the pieces you sold him? A. yes, I believe it is one—I dare say this is another piece—I don't see my mark on this other—I cannot swear one way or another, about this—I dare say this other piece may be one of them—this is another, of the pieces I believe—I remember this other one—this is another, it has got my mark on it—I don't see my mark on this other—yes it is—this is one of the thing I was selling for old gold—I bought it for old gold—there were no stones in it when I bought it—I bought it of a respectable shop-keeper—I weighted the gold at home—I went to a public-house with the officer, before I went to Welbey's, and had a glass of ale.
JOHN TRUEMAN (police-constable C 94) I was applied to by the prosecutor to accompany him to Mr. Welbey's house, on the 14th of April—he gave me half a dozen silver spoons, for the purpose of my coming in—there was an arrangement made about my coming in, respecting his hat—he went into the shop, and I went in in a quarter of an hour in private clothes—I had the spoons in my pocket, and I did not take them out—the prisoner told me he was very busy, and told me to call in a quarter of an hour—I waited twenty minutes, before I went back—during the interval I walked about the street—I had seen the signal given, when I went into the shop the first time, Mr. Samuel made the signal respecting his hat, which had been arranged between us before hand—when I went in the second time, I saw them dealing with the gold—I saw the money paid—there was 100l. in notes—Mr. Samuel then said to Mr. Welbey, "Your account and mine, don't agree together"—Mr. Welbey said, "You go home, and you will find every thing quite correct"—Mr. Welbey was walking backwards and forwards, inside the counter—Mr. Samuel said, "You have robbed me, and got the gold in your pocket; n I will give you in custody; this is a policeman"—Mr. Welbey wanted to go into his parlour—I ran round the counter—he had got his hand in his pocket—I laid hold of
his hand—he had not quite drawn his hand out of his pocket, and in his hand I saw three or four penny-worth of copper, and a comb, and under that I saw piece of gold, which I have here now—I said, "Mr. Welbey, you have done very wrong: why did you not acknowledge you had to it in your pocket"—he said, "I am very sorry: I must have put put it into my pocket in a mistake"—I am quite sure he used these words—he said, "I often stand with my hands in my pockets, and I must have put it in by mistake"—I took the piece of gold, put it into my pocket, and asked Mr. Samuel, as he was standing behind the counter, if that bit of gold belonged to him—he said, it did, and he saw him put it into his pocket, by concealing it under his thumb, and putting it into his picket—I held both the prisoner's hands, and Mrs. Welbey came out of the parlour, hearing the scuffle—at that time I heard this gold thimble fall on the ground-where it came from I do not know—Mr. Samuel said, he saw it come out of his (his prisoner's) trowsers—I then stooped down and picked up the thimble, and on looking down, I picked up another piece of gold from under the counter, as If it had been kicked under—it was lying just under his toes—the counter prevented it going any further—Samuel was behind the counter, at that time—I cannot say that it did not drop from him.
JURY. Q. Was Mr. Samuel close to him at the time? A. yes; I had both the prisoner's hands—Samuel said that these were his as well—the prisoner was then taken to St. Ann's. and there searched—while in the shop the prisoner asked Mr. Samuel to go into the parlour and speak to him, and he wanted me to let him go up-stairs to get his coat on—I saw Mrs. Welbey put her hand out to the bowl, but I saw no chains, nor did I hear the sound of any.
MR. CLARKSON. Q. Did he go into the parlour? A. Yes; Samuel did not go in with him—he was by his side—no conversation passed between them.
COURT. Q. Up on the first occasion you went in, and the signal was made? A. Yes—I returned to the shop in twenty-five minutes, or half an hour, and then when the money was paid I interfered.
Q. Did it not occur to you that you were affording every facility to Samuel to mange it? A. I do not know—Samuel did not tell me to take him the first time.
JURY to LYON SAMUEL. Q. When was it you say you saw the thimble fall from his trowsers? A. As I went to run through the counter—I looked underneath—the officer said, "There is something fallen"—I said, "Yes, there is this thimble"—the officer was behind.
COURT. Q. Was the whole of the gold, after it was weighed, lying on the floor behind the counter? A. Yes—about a yard distant from the place.
NOT GUILTY .
MR. PAYNE conducted the Prosecution.
JOHN PARTRIDGE . I am a farmer, and reside at Hebden. In November last I resided at Edgware—I had part of a rick of hay standing in a field at Brockley-hill—In consequence of what my servant (Wells) told me, I went to look at that rick on Thursday morning, the 10th of November, and missed from twenty-seven to thirty trusses—worth about 3l—I caused some handbills to be printed—I believe the prisoner worked as a labourer for Mr. Wardle.
GEORGE WELLS . I am in the prosecutor's service. On the 10th of November I missed this hay—it had been cut in a different way to that in which I cut it—the prisoner lived at Elstree, I believe, about a mile and a half from Brockley-hill.
GEORGE WARDLE . I am patrol of the Barnet Association. I apprehended the prisoner on the 20th of April—I had been looking for him from the 16th of February—I told him I apprehended him for being concerned with Odell and Theed in stealing thirty trusses of hay from Mr. Patridge—he said he knew nothing at all about it.
Cross-examined by MR. PHILLIPS. Q. He told you he knew nothing about the stealing of the hay? A. Not just at that moment—he said he knew nothing of its being stolen—a handbill had been circulated, stating that it had been stolen from Mr. Patridge, and ten guineas rewards was offered—I have received no reward.
Cross-examined. Q. Did you know him? A. Yes; I thought him respectable—I have bought several loads of him.
JOHN SHUTER, ESQ . I reside at Mill-hill, Hendon. I am a Magistrate of the Country of Middlesex—the prisoner was examined before me—this statement was made by him, and was taken down by the clerk—I was sitting at the table while the clerk was writing—it was read over to the prisoner immediately.
COURT. Q. Did you put any question to him? A. He first denied it, and was remanded, and then he made the confession—I do not know whether any body had been speaking to him—when he was brought up at the examination, and the charge made against him, I asked him what he had to say, and he made this declaration—I cannot say what led him to state this—the clerk read it over to him—I suppose he read correctly what is here down—I did not hold it in my hand—I did not read it myself afterwards to see whether what I had heard corresponded with what was written.
Cross-examined. Q. I suppose the clerk kept the paper? A. He did not hand it to me immediately—I have signed it—I cannot say that I read it all all, as the clerk read it, my attention was drawn to him—I was not checking him, certainly.
MR. PAYNE Q. Did you hear the prisoner make the statement which the clerk took down? A. I did, and I afterwards heard the clerk read over what he took down—from my collection of what the prisoner said, and what the clerk read, the two things were the same.
MR. PHILLIPS. Q. You do not mean to state that you could repeat what the man said, unless you saw it in writing? A. No; all I undertake to say is, that the substances is here (read) "The examinant voluntarily confesseth and saith as follows:—Sometimes ago I went with Odell and Theed—Theed called me up in the night to a rick, near Brockley hill—Theed asked me to lend him a hand to bind some hay—I assisted him—it was in the night—I did not know whose hay it was—Gowlet's cart was in the rick-yard—Gowlet was with me in the yard—we put the bay in the cart—Gowlet took it away—Odell and I went home—I never received any thing for it—Theed promised to give me half-a-crown—about a week afterwards I saw a bill, stating that some hay had been stolen—I then thought it was the same hay we had taken away—I never gave any information about it—when I saw the bill I knew it was Mr. Patridge's hay—I can read a
little—the bill was read to me—where we took hay from was on the right hand side going down Brockley-hill."
"Sworn before me, JOHN SHUTER."
COURT to JOHN WELLS. Q. Is it an uncommon thing for bay that is to be sent to market to be cut very early in the morning? A. We generally cut it on the day before—we sometimes cut it in the evening—it is according as it is wanted.
NOT GUILTY .
MARY ANN ROSE . I am a widow and live in Farrington-street. On the 2nd of May the prisoner came into my shop—she wanted to see a mourning ring—I said I had not one at 1l., which was the price she wanted one at—she then selected a pearl ring, and put it on her third finger—I then turned to get another ring, and she was going out—I said she had a ring—she said had not, and held up her hands—she had none in her hands—I took hold of her shawl, and said I would not let her go—I sent the boy for an officer—he came, and this ring was found in her mouth—it is worth 10s. 6d.
Cross-examined by MR. PHILLIPS. Q. Did she seem quite sober? A. I do not think she was—she might have been driven to it by a little necessity.
JOHN ANDREWS . (City police-constable, No. 5) I took charge of the prisoner—she was searched by Mrs. Rose and another lady in their parlour—they could not find any thing—she was then dressed—I went in and found this ring in the right side of her mouth—I took it out—I think she had been drinking, or she would not have done it.
(Properly produced and sworn to.)
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Two Months.
1268. THOMAS SWEETING was indicted for stealing, on the 30th of April, 121 buttons, value 1s.; 2 metal bearings, value 10d.; 1 metal cock, value 3d.; 14 weights, value 7d.; part of a metal cock, value 2d.; and 20lbs. weight of pot metal, value 12s.; the goods of Samuel Kember and another, his masters.
SAMUEL KEMBER . I am a brass-founder, in partnership with my brother—we live in Clerkenwell—the prisoner had been in our services for fourteen years. On the 30th of April I searched the shop he worked in between one and two o'clock, and on a piece of timber, on which the roof rests, very near the tiles, I found several pieces of metal concealed—I took part of them down, marked them with a punch, and had them re-placed—I had an officer provided to stay in the street and watch the house, and when the prisoner left, about half-past seven o'clock, he took him and brought him back—he was taken into the casting shop—I found 20lbs. 10oss. of old metal concealed about him, and among the rest those pieces which I had market with a punch.
Cross-examined by MR. PHILLIPS. Q. Can you say that these are the pieces which you marked with the punch? A. Yes; but without that mark I know that it was mine, by finding it concealed in his shop—he is a finisher, and worked in a small shop alone—I could not have distinguished this if it had been among a heap of metal.
COURT. Q. Where did you go then? A. I took the officer to the house,
where the prisoner lived, in Goswell-mews, Goswell-road—I had been there before, and seen him there—I there found 40lbs. more of old metal, which I have every reason to believe is mine.
JOHN DAVIES . I am a constable. I took the prisoner six or seven yards from his master's—I found in his hat, his breeches, and in his pocket, 20lbs. 01 oz. of metal—I went to No. 1, Goswell-mews, and found more than 40lbs. weight of metal.
(The prisoner received a good character.)
GUILTY . Aged 53.— Confined Twelve Months.
1269. WILLIAM EADON was indicted for feloniously receiving, on the 5th of April, 4 bushels of oats, value 10s., the goods of James Bonner, which had been lately before stolen, well-knowing the same to have been stolen; against the Statute, &c.
HUGH BONNER . I am a cow-keeper, and live in Horseferry-road, Westminster. On the morning of the 20th of April, I went down the yard, and saw John street, my father's horse-keeper—I afterwards saw Street come out of the stable, with a sack on his back, which he put on the steps of an omnibus—I saw the prisoner come out of his stable, and take sack from the steps of the omnibus, and pitch it at the corner of the stable—I told him they were my father's oats—he said they were not—I had him taken.
NOT GUILTY .
CHARLES GREEN . On the evening of the 9th of May I was in Bridge-lane—I received information, and saw the prisoner running before me with my handkerchief in his hand—I pursued him, and called "Stop thief"—I saw my handkerchief in St. Bride's church-yard—he passed round there, and could throw it into the church-yard.
(Property produced and sworn to.)
Prisoner. I was in Bride-lane, and heard a cry of "Stop thief", and a young man passed me very quickly—there was a man with a sack of charcoal—I fell down, and as I got up this gentleman came and took me—I did not take the handkerchief—I had another handkerchief in my hand.
ANN PARKER . I live in Bride-lane. I saw the prisoner, at about half-past six o'clock that evening, in company with another—he made an attempt, opposite my father's door, to pick the prosecutor's pocket—I followed him, and saw him take the handkerchief, and I saw him taken into custody.
ROBERT MASON (City police-constable, No. 91) I heard a cry of "Stop thief"—I found the prisoner in possession of the property—and with the prosecutor's umbrella, I got this handkerchief from the church-yard.
GUILTY . † Aged 21.— Transported for Fourteen Years.
1271. JAMES DAY was indicted for feloniously receiving, on the 30th of April, six lambs, value 9l.: the property of William Walton, well knowing the same to have been stolen; against the Statute, &c. See page 94.
Kentish fetched Day—Kentish asked Curnell to state to Day what he had stated to us—Curnell then said, that he had been employed to Day to kill these lambs, and that Day had given him orders to sell them, and to make the beat he could of them—Day denied it, and said he knew nothing of any lambs, and he never had any lambs in his possession—Curnell said, "Good God! do you mean to say, that I can bring the publican to prove that you called me our of the house, and the party that recommended me to you?"—Day said, "I know nothing of any lams"—Kentish said, "You must go with me"—Day said, "Stop a bit, can't it be compromised?"—and be asked me the value of the lambs—I said, the value was not so much as the depredation—he said again, "Could it not be compromised?"—I said they were worth 9l. or 10l—but I would give 100l. rather than I would not proceed, and get the thieves—we then went to the Compter, and he was taken an account of—as we were coming out, Kentish said, "Have you anything to say to me?"—Day then called me aside, and said, "I will tell you where I got them from—of the ostler at the king Harry's Head, Mile-end-road"—he did not tell me what he gave for them—on Friday, the 29th of April, I had a number of lambs—among the rest six, which I missed on the Saturday night—when I send the lambs to market, I always have them marked, and two of these lambs had been sent to market, and returned, not being fat enough—I had seen these two lambs marked, and assisted in marking them—on Monday morning I came to town, and after going to two butchers, and seeing some carcasses, I went to Curnell's house, and under the stairs, found six skins, amongst which were the skins of the two lambs, which were marked.
Cross-examined by MR. PAYNE Q. Do you know Old-street-road? A. That is nine or ten miles from Chigwell—we traced this matter to the ostler, at the king Harry's head—we are not enabled to trace the matter to some one at Chigwell—my object was, to find out the thieves—Day gave me information, by which I got some further information from Stiles.
JOHN BENJAMIN KENTISH . I am a beadle of Newgate-market. I went to Curnell's and saw the skins there—I then went to Day's residence in Old-street-road—on our road from his house to Curnell's, I asked him if he had employed Harry the butcher to kill any lambs for him—he replied that he had not—I then told him that some lambs, which had been stolen, had been taken to Newgate-market that morning—they had been traced to Curnell's, in whose possession the skins were found, and that he had stated he was employed by Mr. Day—Day said he had not employed him, and he knew nothing of any lambs whatever—on our arrival at Curnell's, and I asked him if Day was the man that employed him—he said he was the man—Day denied that he had done so, and again repeated that he knew nothing about any lambs—I told Curnell and Day that they must both go with me to the Compter—upon which Day said, "Stop a bit, can't we settle it"—Mr. Walton said he would not settle it; he was determined to find our the thieves; he would not settle it if it cost him 100l.—Day asked the value of the lambs—Mr. Walton replied, "About 10l."—Day said, "Can't we compromise it"—I said I could allow of no compromiser, and took them both to the Comptor—on the road there Day asked me several times to give him adivice how he should proceed—I told him I could give me no advice, I was the officer and not the lawyer—at the corner of Chiswell-street, or in Finsbury-square, all the parties stopped, and Day again wished Mr. Walton to settle it—Mr. Walton again refused,
and we proceeded to the Compter—previous to his being locked up, I asked Day if he had any communication to make to Mr. Walton, and they retired a few paces.
Cross-examined. Q. How long has Day been in the habit of attending Newgate-market? A. I do not know that he ever attended there—he is a fellowship porter—I think Chigwell is ten or eleven miles from Old-street—I wrote memorandums of what passed, and I have them with me—I think I made them on Tuesday afternoon—Day did nos say more than that he got them from Stiles—in consequences of being told about Stiles, we were able to trace this down to Chigwell.
Witness for the Defence.
MR. DOANE. Q. How far do you live from Old-street-road. A. About five minutes walk—I always considered the prisoner a corndealer, and never knew him to deal in lambs.
JURY. Q. Did not Day apply to you to get him a person to kill the lambs? A. He did.
COURT. Q. What did he say? A. He sent his name to me to know where the person lived that killed the pigs for me—I went with the man to Day's and Day asked me where the man that killed the pits resided—I told him he had lived near me, but I did not know whether he lived there now—I went to the public house, and there I heard where to find him.
JURY. Q. Did you not think it strange that the prisoner should have these lambs? A. Certainly; but I knew very well that he could buy any thing that would be an advantage to him.
COURT. Q. What directions did you give the butcher? A. I took him to Day's and Day asked him what he had for killing sheep or lambs—he said, "Four pence a-head"—Day said, "I shall want you to take these to market for me, and shall give you four bobs and your breakfast."
(The prisoner received a good character.)
GUILTY . Aged 52.— Transported for Seven Years.
JAMES SMITH . I am shopman to Mr. John Riley, of Old-street, a cheesemonger. On the morning of the 14th of April I was outside, sweeping the window, at a quarter before eight o'clock—I turned my head for a few minutes, and the prisoner whipped in and took a cheese—he ran down Goldem-lane—I pursued and caught him—he flung it at my fleet—I gave him to the policeman—this is the cheese.
Prisoner's Defence. I was in liquor—I do not know any thing about it.
GUILTY . Aged 22.— Confined Six Months.
1273. JOHN BAPTISTE was indicted for stealing, on the 23nd of April, 1 pair of boots, value 18d.; 2 brushes, value 1s.; 3 printed books, value 1s.; 1 pair of trowsers, value 6d.; 1 waistcoat, value 6d.; 2 pairs of stockings, value 6d.; and 2 window curtains value 4 d.; the goods of Richard Thomas Sutty.
a mathematical instrument maker. We have lately removed to my mother-in-law's house, in the parish of St. George—we lost these articles.
ROSETTA SUTTY . I am single—I live with my mother in Upper Cornwall-street, and am a dress-maker. On Saturday night, the 23rd of April, at ten o'clock, I sat in the shop at work—I heard a noise—I took a light, went down stairs, and saw the prisoner in the coal cellar, lying on some clothes—I went back a few paces, and called out "Thieves"—the prisoner came out after me—I took him with both hands, and he struck me on the forehead, and took the skin off—I kept him till the officer came—the things which were taken were my sister-in-las's—he had removed them from the wash-house, and got them in the coat-cellar—there were none but women in the house—I got my dress very much torn, and my arms bruised, in struggling with him—he had a shoe in each hand, which he struck me with.
Prisoner's Defence. I had nothing to eat for two days-when I came from the West Indies a man took all my money, and then turned me out—I had no where to sleep.
GUILTY . Aged 60.— Confined Three Months.
JOHN PICKERING . I am shopman to Mr. Issac Henley Handscombe. He is a linen-draper, and lives in Curzon-street, May-fair—he had one hundred and one yards of printed cotton at his door on the evening of the 29th of April—it was brought to the shop that evening by Luckie, and delivered to the constable (Cowle)—I do not know who took it.
ALEXANDER LUCKIE . I am baker, and live in May-fair. On the evening of the 29th of April I was in my shop—I saw some person getting over the railing of the prosecutor's shop, by the side of the door, with some things—I went and asked him what he was going to do with them—he said he did not know, and he threw down the bundle—I delivered it to Mr. Handscombe—the person then ran away—I gave an alarm—there was no other person in the street but one who was coming towards him.
EDWARD LATHAM . I am a baker, and live in Hertford-street, May-fair. About nine o'clock that evening I was going along chapel-street, West—I heard an alarm, and saw the prisoner coming towards me—I made a grasp at him—he got from me and ran to Chapel-street, East—I took him there, and kept him till the officer took him—he had this blue apron on, which he took off.
GUILTY . Aged 19.— Transported for Fourteen Years.
JOHN JAMES FREEMAN . I live in Halton-street, Lower-road, Islington I left a saw at the entrance to the new cattle market on the 19th of April, and missed it the next morning—we put all our tools and baskets in the top room of the building.
Cross-examined by MR. DOANE. Q. What time did you see him there? A. I am sure I saw him there about four o'clock.
GEORGE THOMPSON . I am shopman to a pawnbroker in Norfolk-place I produce a saw, pawned by the prisoner, in the name of Thomas Wilson, 19, Kingsland Road, for half-a-crown, between five and six o'clock, on the 19th of April—our shop is about a quarter of a mile from the new market.
Cross-examined. Q. Are you sure it was the prisoner who pawned it? A. yes—it was not dark—there was another man with him.
(The Prisoner received a good character.)
GUILTY . Aged 42.—Recommended to mercy by the Jury. Confined Fourteen Days.
MARY ANN DALE . I am the wife of Thomas Dale—we live in White Horse-place, Stepney. On the morning of the 21st of April I went into my kitchen, and missed a boiler, and then a saucepan—I spent up to the prisoner who lodged in the house, as I thought she might have taken the boiler for her use—I went up with the policeman—the prisoner opened the door—she said, "I know what you are come for"—I stood a long time, and wished her to tell me where the property was—she would not, and I gave her in charge—she said she would fetch the boiler at night if I would let her go.
Cross-examined by MR. DOANE. Q. Are you quire sure she did not tell you where it was? A. No, she did not—she had a saucepan in her own room, but mine was in the kitchen—they are very different to each other.
SARAH STEPHENSON . I keep a broker's shop in Wellinton-place, Steoney. On the morning of the 21st of April, the prisoner came about eight o'clock, and said, "Will you buy a saucepan?"—I asked if it was here—she said, "Yes, "and asked what I could afford to give her for it—I looked at it; it was very old—I said I would give her 1s. 3d. for it—I gave it her—she thanked me, and went away.
JAMES MULLINS (police-constable K 66) I went, on the morning of the 21st of April, with the prosecutors, to Stephenson's shop—I then went back to the prosecutors's house—the prisoner opened the door and said, "I know what you are come for"—she went into the parlour—I asked her where she had left the boiler—she said at her sister's, in Ratcliff-square, Commercial-road—I took her to the station-house, and went to see for the
boiler, but could find none there—it has not found—when we told the prisoner we had found the saucepan, she paid she had left it at the corner shop.
GUILTY of stealing the saucepan only. Aged 23. Confined One Month.
Fifth Jury, before Mr. Common Sergeant.
1277. JOHN STILES was indicted for feloniously receiving of an evil-disposed person, on the 30th of April, 6 lambs, value £9, the property of William Walton, well knowing the same to have been stolen.
(MR. DOANE conducted the Prosecution.)
WILLIAM WALTON . I am a farmer, residing at Chigwell in Essex. On Friday the 29th of April I had a number of sheep and lambs—on the Monday I missed six lambs—when I send lambs to market I mark them—I sent eight lambs to market—they were returned, and two of them were of the six that were lost—I came to Newgage-market on Monday—I afterwards went to Curnell's and found the skins of six lambs—there were two of the returned eight—I believe the other four were mine, being the same colour and fleece, and in every respect corresponding with the others—(Curnnell was tried and acquitted)—I afterwards saw Day—he was tried and convicted of receiving these six lambs, knowing them to have been stolen—after I and Kentish had seen Day, we went to the King Harry the Eighth public-house, in the Mile-end Road—the prisoner was ostler there—he was not there—I was walking up and down—Kentish found him, and I went in, and they were in conversation—I went to the prisoner and asked him if he had any knowledge of any lambs that had been stolen—he said, no, he had not—I said it was useless his denying it, I could tell him the name of the person that had them from him—I then said it was a man of the name of Day, who lived somewhere in Hoxton—he still persisted that he knew nothing of the lambs, nor of Day—the officer, Kentish, then said, "You must go along with us"—the landlord afterwards came out, and said to the prisoner, "You had better tell Mr. Walton the whole of it, but don't prejudice yourself at all, but tell the whole of it"—Kentish said, "What ever you say, I shall be obliged to give in evidence, therefore don't prejudice yourself"—the prisoner then said that he had them from Mr. Mason's wagoner or carman from Chigwell—Kentish brought him to the Compter.
Cross-examined by MR. CLARKSON. Q. I think the first question you asked was, if he had any knowledge of any lambs that had been stolen? A. Yes—when we were before the magistrate, I charged four person with having received these lambs—I was sworn, and signed my deposition—the charges have been separated, but I had nothing to do with it—when the landlord told him he had better tell the whole truth, I do not know that any one told him he need not give any answer at all—I told the landlord, it was disreputable for him, that these lambs should be at his house—he replied he knew nothing of it—I did not see the lambs at his house—I have not charged any body with stealing these lambs—I lost them on the 29th or 30th of April, and this conversation was on Monday, the 2nd of May, two days afterwards.
went to Curnell's house, where the skins were found—I then went to Day's and ultimately, to the King Harry the Eighth, public-house, where I saw the prisoner—I asked him if he knew John, the ostler—I was dressed in plain clothes, and he was at the front of the house—he replied, that he knew John—I told him, I understood that he had gone up the road on horseback—he made no reply, but walked directly through the house, into the stable-yard—I went into the front entrance of the yard, and saw the prisoner conversing with another man—I then asked the prisoner if his own name was not John, and whether he was not the ostler there—he replied, "Yes—I said, "Why did you not tell me so, when I spoke to you in the front of the house?"—I asked him if he had disposed of any lambs to any person with in the last few days—he replied, that he had not—I asked him if he had sold any to a man named Day—he replied, he had not, and he did not know any thing about any lambs whatever—during this conversation, Mr. Walton came up—I said, "This is John, Mr. Walton, "—I then told the prisoner, what some lambs had been stolen from that gentleman, and that I had traced them to a man of the name of Day, who said that he had bought them of him—he replied, "I know nothing at all about them"—I took him into the house, to his master, and told his master I was going to take his ostler to Town, on suspicion of receiving stolen lambs—the master replied, "What's that to me?" I told him that—I acquainted him, through courtesy, that his business should suffer no neglect—he then said to the prisoner, "John, if you have had any dealings with any lambs, confess the truth"—I told the prisoner that, whatever he might say, I should give in evidence against him—he then said, that the had them left by Mr. Mason's wagoner early on Saturday morning, who told him that he was to do the best he could with them—Mr. Walton had put some questions to the prisoner—the public-house is in the direct road from Chigwell to Town.
Cross-examined. Q. At what part of this conversation was it, that Mr. Walton came in? A. During the time that I was asking the prisoner if he had disposed of any lambs—I think I have repeated the principals part of the conversation—I do not recollect any thing further—the landlord did not say any thing about prejudicing him, to my knowledge—I was the first that cautioned the prisoner—I am sure of that—I did not tell the prisoner he need not answer, with out he liked—neither the skins nor the lambs were produced to the prisoner.
MR. DOANE. Q. Did he deny any knowledge of any lambs whatever? A. Yes.
(John Mills, of Commercial-road, and George Mark Peering, gave the prisoner a good character.)
GUILTY , Aged 26.— Transported for Seven Years.
1278. JOHN HICKEY was indicted for stealing, on the 23rd of April, 1 foot of lead pipe, value 1s.; and 1 metal cock, value 2s. 6d.; the goods of Edward Mathias Brown, fixed to a certain building, against the Statute.
EDWARD MATHIAS BROWN . I live in Jerusalem-court. On Saturday the 23rd of April, I heard a gush of water, I went down to my cellar, and stopped the prisoner coming up—he went down again to the cellar—we found that the water-pipe and the cock, had been broken off and thrown down the privy I suppose be threw it there to conceal it—he heard me coming down—I came down two-pair of stairs—he had time to throw it down the privy before I got down I had seen the pipe an cock safe, not half an hour before.
Prisoner. Q. Who came down first, you or your wife? A. My wife, and then she called me—you had no business there at all.
(Samuel Jones, of Union-court, Holborn, an ivory turner, gave the prisoner a good character.)
GUILTY . Aged 31.—Recommended to mercy by the Jury. Confined Six Days.
Prisoner. When you were down at Hatton-garden, you could not say it was me. Witness. I am quire certain it was him, and I said so at the office.
Prisoner. Since I have been in trouble, the prosecutor told a person if I would give him 12s. he would not prosecute me.
LAWRENCE MORGAN re-examined. On Monday morning his mother came to me with a letter, which she said had been written by him, saying, if she could get the money to get my tools would I forgive him—I said, "No."
GUILTY . Aged 22.— Confined One Month.
ELIZABETH GRIFFIN , I am the wife of Joseph Griffin. The prisoner is my daughter—on the 15th of April I missed these articles—these are them—I have no children living, by my present husband—I have two children who are married, and one who is younger than the prisoner.
WILLIAM BEADEL . I am constable of Woolwich. At half-past nine o'clock at night, on the 15th of April, I found this poor girl sitting on the step of a door in Parish-street—I asked her what she did there—she gave me no answer—I was taking her to the watchhouse, and in going along she said she came from Londo, and had left her friends—I asked her if she had robbed them—she said, "Yes, of two shells, a gown, and an apron"—she told me where she had pawned the things—I took her before the magistrate, and wrote word to her friends, that I would detain her till they came.
GUILTY. Aged 16.— Judgement Respited.
out with my husband, who was in liquor, and I had my little child with me—as I was on my way home, the prisoner came up and offered to take the baby—she went home to my place, and when she got there my husband was taken poorly, and we went in the yard—I then went away—I was not gone more than a minute—when I returned I found she had taken two shawls off the baby, and a shift off the horse in the room, and she was gone—the baby had had three shawls on.
Cross-examined by MR. DOANE. Q. What time was this? A. Twelve o'clock at night—I have always said the man was my husband—he was very drunk—I was married at St. Mary's, Lambeth—I did not ask the prisoner to assist me—she came and offered her services—there was a lad in the house who is our apprentice—I sent him to get some porter to give the prisoner.
JOSEPH JOHN GOODE . I am the son of Thomas Goode, of Goswell-street, a pawnbroker. I produce these articles, which were pledged by a woman on the 21st of March—I cannot positively say it was the prisoner, but I have a recollection of her person.
JAMES WATTS (police-constable G 89) On the 23rd of April, I took the prisoner in Brick-lane, St. Luke's—I went with her to her apartment to get a shawl—she had the key of the room, and unlocked the door, and in the room I found these two duplicates, which correspond with those the pawnbroker has. Cross-examined. A. How long was it after the robbery? A. More than a month.
GUILTY . Aged 26.— Confined One Month.
WILLIAM ELDRIDGE , I am a nursery man in the employ of Mr. John Reynolds and another, at Hatton, a hamlet of Bedfont. This shrub was lying on the side of the road, on my master's premises, with thirty or forty more—they were to be planted in the morning—the prisoners came to me to buy some fir trees, which I served them with—they were delivered into their cart, and then I went to my work, leaving my little boy to watch that they did not take these things—he called to me that they had taken one, and I pursued after them—the value of this shrub is 5s.
NOT GUILTY .
OLD COURT,—Monday, May 16th, 1836.
Third Jury before Mr. Sergeant Arabin.
1283. GEORGE FARR was indicted for stealing, on the 17th of April, 1 cruet stand, value 3l.; 1 candlestick and extinguisher, value 30s.; 3 glass cruets and tops, value 15s.; 1 hat, value 5s.; 1 spoon, value 2s.; and 3 half-crowns; the goods and monies of William Nicholas Cole, his master, in his dwelling-house.
WILLIAM NICHOLAS COLE . I am a solicitor, and live at No. 38, Ormond-street. The prisoner was my footman for about eighteen months and had the care of the plate he represented himself as single, but I
have heard lately of his being married—on Sunday, the 17th of April, about half-past eight o'clock in the morning, I came down stairs, and the prisoner accosted me by saying, "You hung your hat and gloves up in the passage, did you not, when you came home last night"?—I said, "Yes"—he said, "I am sure you did, they are gone; and the silver cruet stand is gone out of my pantry"—and that he had lost a pair of his own shoes—I said, "Has the place been broken open?"—he said it did not appear so, and that the cook, who came down first, told him that the windows and doors were all fastened as usual—I asked him if any thing else was missing—he said there was a salt spoon and a teal spoon he could not find, which had been left down stairs—I asked him if all the plate in the basket, that he had brought down in the morning, was safe, if he had counted it—he said he had, and that it was all right—I said it was strange how those things could have gone—he said, "I suppose they must have got in at the stair-case window"—I went with him up to the stair-case window, and asked him if he had found it open or shut—he replied, "Shut, as usual"—I then said to him, "It does not appear as if the window had been open, or anybody had come in at it, as the dust is on the till"—he said, "I think I can show you that there are footmarks on the leads over the water-closet"—I said, "I don't see any"—he said, "I will show you some marks, Sir, if you will come our in the garden—finger marks—as if somebody had climbed up there"—I went with him our at the garden-door, and certainly saw some little marks, but very trifling—they might have been done in a moment—I said, "It does not look as if any body had got on the railing, for there are no marks there"—they must get on the railing to get on the roof of the water-close—there were no marks on the railing that I could see—I said it appeared a very mysterioyus matter—nothing further occurred while the prisoner was present—I did not send for an officer, but about half-past ten o'clock that morning the policeman brought my cruet-stand to me, but not the cruets—I lost three out of five cruets, with silver tops to them, but the two cruets which had not silver tops were not taken—the prisoner, came in about half-past ten o'clock and said."The policeman, Sir, has brought the cruet-stand"—I said, "Show him in"—I was in my office—he came to my room with two officers, and immediately left the room—nothing further took place in his presence—I went to the station-house about three o'clock the same day—the prisoner was then in custody—the cruet-stand was produced to me, and I identified it, with various other small articles which the officers had found.
Cross-examined by MR. PHILLIPS. Q. Was there any other plate besides that cruet taken? A. No—the spoons and forks were taken up every night—the plate basket was brought up that night—I did not look into it—he need not have taken up the spoons and forks that night if he intended to steal them—I had a written character with him, and a reference to Mr. Whittington, a solicitor, who knew him—he remained in my house till the officers came, and they took him away with them—it was rainy weather, but the rain had not touched the window still—the prisoner had the care of the plate—the cruet-stand is silver—I suppose he had 100l. worth of plate in his care.
Cross-examined. Q. The prisoner and his wife lodged with you? A. She lodged there; he paid for the lodging—he used to come occasionally
to see her in the day-time—I heard that he was at my house in the evening of the 16th of April, but he was not there on the morning of the 17th until he was brought up by the officer, about eleven o'clock—he conducted himself respectably and honestly—I did not see him there on the evening of the 16th—the might have been there without my seeing him—I have seen one of the prosecutors's servants at my house one morning with the prisoner, but I cannot say who it was—I have seen her twice going upstairs—I will sweat I have not seen her more than twice, it was one morning and one afternoon—she might have been there with out my knowledge.
THOMAS JOHN BULLING . I am clerk to Mr. Cole. I have seen the prisoner in the office—the street door opens with a latch-key in the day-time—I have a latch key which I keep in the office—I used to keep it in my desk, and the key of the desk I used to hang up under the desk—a person going through the officer, could not see it—a person looking under the desk could see it.
Cross-examined. Q. Did you miss your key? A. No.
ROBERT JENKINS . I am a policeman. I went to Mr. Cole's on Sunday morning, the 17th of April—the prisoner was then in custody—I examined the premises, and the dust being n the ledge, it is my opinion, that no person could have got in at the window without some marks on the sill—it appeared to me, that no one had broken into the house—I went to Ormond-yard the same morning, and searched his wife's lodging, and found some clothes which were identified.
Cross-examined. Q. I suppose there are a thousand ways by which a man might get into a house, without leaving marks; he might go up a ladder? A. I don't think he could have got in—a man might go up a ladder into a window certainly.
GEORGE COLLIER . I am a policeman. I received information that the cruet-stand was picked up by some of my brother officers—I went to Mr. Cole's house about a quarter past ten o'clock in the morning, with the cruet-stand, which had been given to em—I saw the prisoner, and asked him who went to bed last on the Saturday evening, and who got up first on the Sunday morning—he told me he was up last, and up first—I asked how he found the doors—he said he found them all secure—I then went with him and examined all the doors, and found not the least mark on any them, so that nobody could have got in—he then told me he thought the thieves must have got in through the staircase window—I went with him to the staircase window, and examined the leaden flat at the top of the water-closet, and likewise the still of the window—I put my finger on the sill, which was covered with dust, and said, "Look here; it would be impossible for any one to have got in at this window, or there would have been marks"—the prisoner then said, "Well, I thought they got in through this window"—I then took him with me round the garden, and examined the garden leading from the back of Mr. Cole's house, and found no marks at all—If any one had been there, there must have been marks—the ground was wet fresh—I believe nobody could have come that way—I asked him if he was a married man—he said he was—I said he must go with me—he said he would, for he was innocent, and knew nothing about the robbery—I showed him a handkerchief and a pair of shoes, and he said the shoes were his—I asked him when he took them off—he said he took them off the evening, about eight o'clock, after he waited at tea—I asked him if the thieves had left any implements, or any
thing behind them—he said, "No"—I went to his lodging, but found nothing referring to this indictment.
Cross-examined. Q. You found a few knives and glass cloths, which are the subject of another indictment? A. yes—I did not take them away at first—I went to Mr. Cole's house first, and asked him if he missed such things—I was absent from his lodging two hours—they might have put them out of the way during that time, but I had said nothing about them—I took the prisoner there with me—he knew I was policeman—I spoke to his wife, and told her he was in custody on suspicion—I had seen part of the things, but did not take them away—I found them in the wife's presence—I went after plate—the prisoner only gave his opinion as to the way the thieves had got in—a man might certainly have come in and hide himself the night before—he said his shoes were taken away—I examined his stockings on his feet—they were not wet—there were several pairs of stockings soaking in water at his lodging—I searched his lodging accurately—I have been a policeman ever since the commencement of the force—I took the wife to the station-house with her husband—she had no opportunity of putting the things away, I now recollect—I forgot that before—she said she would not leave her husband, and we took her to the station-house, and kept her there.
WILLIAM BRITTEN , I am a policeman. On Sunday morning, the 17th of April, about a quarter past four o'clock, I was on duty in Guildford-street—my brother constable gave me information that a man had gone up the street, and I went in search of the man in the direction in which he went; and in Sir Frederick Pollock's garden I found this cruet-stand and handkerchief—there is a iron railing, which parts the garden from the street—it is in Guilford-street, Russell-square—about eleven o'clock next morning I went to Mr. Cole's house—I asked the prisoner if this was his handkerchiefs, and if those were his shoes—he said they were both his—I did not find the shoes—I have seen the prisoner come out of his master house about a quarter before five o'clock in a morning before this.
Cross-examined. Q. Did you see any footmarks in Sir. F. Pollock's garden? A. I did not—it was rather a damp night, but had not rained at that time—it appeared to me to have been thrown over the rails—I did not examine the prisoner's feet to see if he had been in the wet without his shoes.
COURT. Q. What distance is Mr. Cole's house from Sir F. Pollock's garden? A. About three hundred yards.
MR. PHILLIPS. Q. And is it between the prisoner's lodging and Mr. Cole's? A. yes; the garden is further from Mr. Cole's than the prisoner's lodging, but a person going to the garden would not pass the prisoner's house—I did not see the prisoner go out on that morning.
THOMAS FULLER . I am a policeman. I was on duty on Sunday-morning, in Guildford-street, at half past four o'clock—my attention was called by my brother-constable, who saw a man run up Guildford-street—a search was made—I saw Britten pick up the cruet-stand, handkerchief, shoes, and he gave them to me.
Cross-examined. Q. Did the shoes appear as they are now? A. They were very wet—there was mud on them and dirt.
ROBERT LAY . I am a policeman. I was on duty in Guildford-street, on Sunday-morning, at a quarter-past four o'clock, and saw a man come out of Landsdowne-mews, which is near Ormond-mews, but does not join it—he
had a bundle under his arm—he went towards Lamb's-conduit-street—I asked him what he had got there—he said, "Nothing, particular"—he turned back, and ran up Guildford-street, towards, Russell-square—I ran after him.
MR. COLE, re-examined. These things are mine—Sir F. Pollock's house backs mine; they are one hundred and fifty yards apart—the prisoner had mentioned to the female servants what had happened before I came down, and they mentioned it to me.
NOT GUILTY .
1284. GEORGE FARR , was again indicted for stealing on the 16th of April, 17 knives, value 17s.; 11 forks, value 8s.; 4 napkins, value 2s.; and 8 wine-glasses, value 8s.; the goods of Williams Nicholas Cole, his master.
WILLIAM NICHOLAS COLE . I live in Great Ormond-street. The prisoner was my footman—in consequence of my house being robbed, the police-officers went with the prisoner to search his lodging in Ormond-Yard—they returned about two hours afterwards, and produced the property stated in the indictment—some of the knives and forks I know—I can speak to one knife in particular, which has a nasty mark on it; and I told him never to lay it before me—I have no doubt the articles are mine—the napkins have my name on them in ink.
Cross-examined by MR. DOANE. Q. The prisoner has a wife? A. I believe so—I never knew of his taking broken victuals to her, or I would not have allowed it—the policeman told me he found some mutton in one of the towels at the lodging—there are seventeen knives and eleven forks.
GEORGE COLLIER . I went to the prisoner's lodging on the Sunday morning, and found the property I now produce—the knives were tided up in a napkins, with Mr. Cole's name on it; and the other napkins were in a box.
Prisoner's Defence. My wife says the glasses were in her possessions before I was married.
GUILTY . Aged 25.— Transported for Fourteen Years.
GEORGE TEAKLE . I am a policeman. I received information when I was in Shoreditch, on Saturday, the 30th of April, and ran through Magpie-alley, towards Wheeler-street—I there saw the three prisoners in company together, walking very fast—I pursued them-when they got near the bottom of the street they began running—I pursued them through Spitalfields-market, and lost sight of them—I caught sight of them again by the Church, and ran towards them—I took Pearson and Smith, and my brother-officer took Moore—I observed Moore had something under her shawl-we took them into the watch-house, and I said I wished them searched—Moore dropped this piece of print, and this shawl from under a shawl she had on—I said, "That is what I expected"—I took it up—after they were looked up, I inquired in Shoreditch, and found the property belonged to Mr. Webb.
Cross-examined by MR. DOANE. Q. You saw the two younger ones alone afterwards? A. Moore was a few yards before them the second time.
GEORGE WEBB . I am a linen-draper, and live in High-street, Shoreditch. The three prisoners came together to my shop, on Saturday, the 30th of April, at twelve o'clock, to look at printed cottons—Smith bought a dress, and Moore paid sixpence on it—they said they would call again in the afternoon—they were all three in company—they went to the door, returned again, and said they should like to see a shawl; and bought one for the same prisoner—Moore paid sixpence on that—they called again in the afternoon, and Moore wished to see a shawl larger than they had seen in the morning; but she did not like any I showed them—Pearson asked to see some more prints, but did not like them—she at last purchased a print—the shawl and print produced are mine—they did not buy them—I missed the shawl a few minutes after they left the shop.
Cross-examined. Q. Are you quire certain of the print? A. yes—I showed it to them—Moore paid the six pence for them—Smith gave it into my hands, but Moore gave it to her to give to me.
(The prisoner Smith put in a written defence, stating that she accompanied the others to the shop, but was ignorant of their having done wrong.)
MOORE— GUILTY . Aged 16.
PEARSON— GUILTY . Aged 15.
SMITH— GUILTY . Aged 15.
Confined Three Months.
GEORGE CARLTON THORNBORROW . I live with Mr. Wm. Belcher, a chemist and druggist, in Dorset-street, Portman-square. He has two shops—the prisoner was our errand-boy three or four days—I missed some money out of the till, and marked some on Wednesday, the 4th of May—I put in 25s. in silver and 1s. in copper—the copper was not marked—I did not leave the shop without taking the key of the till with me, till ten minutes after two o'clock—I then left the key in the till, and in three minutes I was rang down by the prisoner—I immediately went to the till, and on looking in I observed, I thought, half-a-crown deficient—I had marked five half-crowns and other silver—I sent the prisoner down to get some water, and then looked thoroughly, and was certain there was half-a-crown gone—I requested him to come into the parlour, and charged him with stealing a half-crown from the till—I rang the bell for the servant, and sent for a policeman—the prisoner said he had stolen no money, and had not a farthing about him—the policeman came, and I think he again said he had not a farthing about him—the policeman picked half-a-crown off the carpet—I said, "You will find a T on the king's neck," which was the case—I will sweat this is the half-crown I marked (looking at it).
Prisoner. I do not know anything about it.
The prisoner received a good character.)
GUILTY . Aged 14.— Confined Ten Days.
JOSEPH BALDWIN . I am a coachman to Mr. John Ewart, brother to the Member of Parliament for Liverpool. On Saturday night, the 30th of April, about ten o'clock, the carriage was in Percy-street, Tottenham-court road—I lost a cushion out of the rumble behind, which was open—I did not miss it till the policeman came up to me—this is it (looking at it).
THOMAS TOFIELD . I was a policeman of the E divison, but have resigned. I was on duty in Percy-street, and saw the prisoner standing on the step of a carriage—I saw him put his right arm over the rumble, push the cushion out, and throw it on the ground—he got down the took it up—I secured him, and he began crying—I went after the coachman and told him of it—I am now living with my friends.
Prisoners's Defence. I had been into Russell-square, and was returning home—the carriage was coming into Tottenham-court-road—I walked on and picked up the cushion—I ran back to the lamp-post, and saw a policeman—we went asked him if he knew who it belonged to—he said, "No"—I said I picked it up in the road, and had he not better go to the station-house—we went along, and this carriage came along—I said, "Do you think it dropped from this carriage?"—he said he could not say—the coachman said it was his, and the policeman said he could not deliver it to him unless he came to the station-house, and on the way he said, "Did not I see you on the carriage just now"—I said, "No"—he said he thought he saw me, and then he accused me of it.
THOMAS TOFIELD re-examined. He did not come and ask me if I knew who it belonged to—I saw him throw it off the carriage, then take it up and go into a door way—he said nothing about taking it up—he began crying when I came up to him.
GUILTY . Aged 19.— Transported for Seven years.
1288. WILLIAM ATKINSON was indicted for stealing, on the 5th of April, at St. Margaret's, Westminster, 2 pairs of candlesticks, value 7l.; 1 coffee-pot, 16l.; 1 snuffer-tray, value 5l.; 1 cruet-stand, value 10l.; 3 glass cruets, value lue 3s.; 1 pair of bottle-stands, value 5l.; 1 waiter, value 5l.; 1 toast-rack, value 1l.; 3 knives, value 15s.; w coats, value 5l.; 1 pair of breeches, value 2l.; 2 umbrellas, value 1l.; 1 pair of gaiters, value 10s.; 2 decanters, value 12s.; and pair of boots, value 30s.; the goods of William Wainwright; and 1 pair of shoes, value 16s., the goods of John Pounds; and 1 cloak, value 1l. 5s., the goods of Susan Johnson in the dwelling-house of the said William Wainwright : and FREDERICK WILLIAMS for feloniously receiving the toast-rack, 1 umbrella, and 2 decanter, part of the said goods, knowing them to be stolen; and JANE MORGAN and ANN WILSON for feloniously receiving 3 glass cruets and 3 knives, other parts of the said goods, well knowing them to be stolen; against the Statute, &c.
MR. BODKIN conducted the Prosecution.
JOHN POUNDS . I was in the service of Mr. William Wain wright, in Flaudyer-street, in the parish of St. Margaret, Westminster. I remember the prisoner Atkinson coming to my master's house with a letter a short time before this happened—I recognised him, as having lived with me in a former situation—I had some conversation with him, and desired him to call again—he called a week or two after, and I asked him down into the pantry, which is on the basement story—he had a dirty shirt on, and a dirty cravat—I asked him about his clothes—he represented himself as rather in
distress, owing to his wife's death—I gave him a shirt, a cravat, and stockings, and 2s.—he said he had no lodging, and I allowed him to asleep in my room that night—my bed is up stairs—he went away early in the morning—I was to inquire for a place for him—he came again next night, about half past nine o'clock, and proposed to sleep there again—he had seen the plate the night before, in a drawer in a pantry—when he came the second night, I said I was afraid, if I should take him up-stairs, and master or any of the ladies came out of the drawing room, he would be seen—he said, if I had a bed down in the pantry, like old Keet, where we used to live, it would be very well—I said I would make him a temporary bed in the pantry; which I did, and locked him in the pantry—I hung a pair of breeches on a chair, to keep a draught away from him—I took the principal part of the plate up stairs to bed with me—I got up about half past six o'clock, and found the pantry door broken open, and the cupboard door also, and he was gone—the chain of the hall door was down—I missed all the articles named in the indictment—they were all in the house the night before—I was the first person up in the morning—the prisoner never returned to me—I had information exactly a week afterwards, and went for an officer—we went to the place, and took him into custody—I told him he had acted in a most shameful manner towards me—he pleaded drunkenness until he got to the station-house—he affected to be drunk, and not to understand me at all—in consequence of information, I afterwards went to the Horse-Shoe, Titchborn-street, and there found Williams—I never saw him before—I asked him if he knew Atkinson—he said, "yes"—I said, "Will you come out?"—he said, "Are you the servant?"—I said, "No"—I had a reason for denying that—he asked me to come into the tap room, which I did and sat down with him—I began to question him how he thought Atkinson would get on—he said, oh, he thought he would get on very well, if he had a counsel—he said, if his friends would come forwards together, he would draw up the brief himself, as he was good scholar, and that would be no expense; and he tole me that the property was deposited with Lord King's coachman, in a box in a stable, in St. James's-square—that Atkinson had told him so three or four times; and after talking, he wanted me to go there—he called Atkinson a b—y fool, because he had directed him to go to an old clothes shop, and buy a pair of old trowsers, and get the breeches off, as they were the only things they could convict him on; but instead off that, he went and got drunk with a woman named Kennedy, and spent all his money, and went and slept with her—I asked Williams if he thought I should get into trouble about it—he said, "No, you will not; if any body gets into a trouble about it, it shall myself, as I disposed of part of the property for him"—I asked him what he disposed of—he said, a toast rack, umbrella, pair of gaiters, shoes, decanters, and several other little things, and also a pair of boots, that (Atkinson's) had in his pocket, and one of the boots was stolen out of his (Atkinson) pocket while he went to sleep at a public-house in Air-street—I agreed to meet Williams next day at a public-house in Titchbourn-street, but he did not come—I went to his lodging in Castle-street, and went with him to a coffee-shop—he said if I would come in there while he had his breakfast, he would tell me all about it—I went in, but he told me nothing particular more than before—talking about counsel, and how the money was to be raised, which was by subscriptions among their friends—he said about £2 would do it—we went from there to the public-house in Titchbourn-street, and I asked him there where the things
were disposed of—he said, the umbrella at young Adamson's gin shop in the Haymarket; the toast rack, at Tate's in Cambridge-street; "and mentioned other places where things were pawned.
Cross-examined by MR. DOANE. Q. You told Atkinson he was to make very little noise for fear he should disturb the family, as you had done wrong? A. I do not know that I did tell him so in particular—I locked him in and told him hew as to be quiet—he did not tell me he should not see me again in the morning, and wish me good night—I will swear that he did not say he should go off early in the morning—he said he should see me when he got up, as I had spoken to him about a place—I gave him the shirt and handkerchiefs, but not the breeches—I hung them on the chair, and left them in the pantry with the other things—I did not expect him to return the shirt and handkerchiefs at all—I said he should never want a shilling if I had one—I lived with Mr. Terry, of Eaton-square, and left entirely through the prisoner; through being kind to him.—he was allowed three pints of beer a day, and in the butler's absence I gave him more beer, and I was discharged through a disturbance he had with my fellow servant, who quarrelled with him—he thought I took the prisoner's part, and the servant went and told Mr. Terry that I gave Atkinson more beer than he was allowed, and I was discharged.
Williams. Q. Did not you say Lord king's coachman knew where the property was, and might come forward and give something towards a counsel? A. No, I did not—I said I might be something towards the counsel, if I knew where the property was—I did not say I was to share some of the money—I admit that you said you did it innocently.
MR. BODKIN. Q. You assumed to be a friend of Atkinson's, on purpose to get information? A. Yes—I was discharged from my place and taken into custody—master has since given me a character to my present place.
WILLIAM ALFRED ADAMSON . My father keeps the Black Horse in the Haymarket. On the 9th of April Williams came to our house with an umbrellas, and offered it for sale for 7., and I bought it of him for 6.
Williams. Q. Did not you ask me the price of it? A. Not till after you asked me to purchase it—there was a person with you—I cannot say that it was Atkinson—there were several people in the room—I put the 6s. on the table before you.
Q. Does not I say I cannot take it if he pleases, and he said, "Very well, I will take it?" A. That did not happen in my presence.
RICHARD HAWARD . I am shopman to Mr. Tate, a pawnbroker. On the 9th of April, the prisoner Williams applied to redeem this toast-rack, which had been pawned by Morgan on the 7th of April for 6s. in the name of Ann Jones, Wardour-street—he redeemed it, and then said he wanted to sell it, and Mr. Tate bought it of him for 7s. 6d—he said it belonged to a housekeeper, two or three times, as we asked him—I produce two decanters which were pawned on the 9th, I cannot say by whom, in the name of John Smith, Windmill-street.
Williams. Q. When I came the second time, did you tell tell me there had been a person to inquire after it? A. yes; I did—you had been away about an hour—you had a conversation with Mr. Tate—I do not know what you said—a person had been to ask if the toast-rack had been taken out—I do not know who it was.
I was in the Horse-shoe public-house, in April, and saw Williams there—I bought two duplicates of him for a pair of shoes, and a pair of decanters—I was to give him 1s. for each, but I gave him 6d. for the ticket of the shoes first, meaning to give the other 6d. if they fitted me—I went to Harrison's in Wardour-street, with the duplicates of the shoes—they fitted me—before I got possession of them, the officer interfered and stopped them—the decanters were pawned at Tates—I did not go for them—I gave the duplicate to the officers.
EDWARD LANGLEY . I am a policeman. I went with a warrants to No. 9, William-street, Lambeth, and found Wilson and Morgan living there—I made inquiry about them—they are unfortunate women—I searched the room where they were, and found three glass cruets in the front parlour, and three plated deserts knives in the back kitchen—a man named Goddard was in the house, but neither of the male prisoners—I asked the females how they became possessed of the things, they said they were given to them by Atkinson, who was in custody—Atkinson had given me that as his lodging, when he was taken into custody—before I found the property, I asked Wilson and Morgan if they had seen any property, and they said, "No"—I first asked, if they knew Atkinson, they said Yes, he had lodged there two or three nights only—I asked if they saw any property of any description about him, they said, no, and that all he spent in the house was three half crowns—both denied having seen any property—I searched and found the things I have said, and then they said Atkinson gave them to them—I apprehended Williams at the Horse shoe in Titchbourn-street, and told him I took him on suspicion of being concerned in some property stolen from Mr. Wainwright, he said he knew nothing about it—I took him to Adamson's in the Haymarket, who produced an umbrella, and said he bought it of him—he said, "if you had mentioned Atkinson's name to me, instead of Wainwright's, I could have told you about that"—he said Atkinson came to him and told him he had about £200 or £3400 worth of property, and he thought he could tell him where the might dispose of it.
JOHN POUNDS re-examined. These shoes are my own, and were in the pantry that night, and were gone next morning—the decanters I know by a rivet having been broken—the cruets I know by their general appearance—the toast-rack I can swear to, and these are the breeches I hung on the chair.
Cross-examined. Q. How long had you been in Mr. Wainwright's service? A. About nine months—I can swear to the knives, decanters, and every thing—about £60 of property was lost altogether—I am quite sure I did not give the breeches to him.
Atkinson. Q. When I came to you, do you recollect what I said? A. You shook hands with me, and asked me how I was—you left a note and said you were to wait for an answer.
Williams Defence. The things were given to me by Atkinson—I have known him nearly two years—I had been at his house, and seen such things, and believed he had such things—I was not aware that they were stolen—as to the policeman saying I knew where to sell them—I never
said so—I had not been in London long—I have been abroad, and had not seen Atkinson for six months, when I saw him at Astley's Theatre, and he asked me to go and drink with him, which I did—the following day he asked me to go and take these things our of pawn, which I did—I told the prosecutors where the umbrella and toast-rack were—had I know they were stolen, I should not have done so—the two duplicates, it is said, I borrowed six pence on—It was only sixpence—I kept them with an understanding I was to return them when I saw him again—a letter came to inform me he was in custody—I was asked by the policeman, going down the Haymarket, why should I think Atkinson was possessed of a toastrack—I said, why I had seen such things at his house—he is a housekeeper and I even stated where he lived before I went abroad—this person came forward at the pawnbroker's and asked if I had taken a toast-rack out—he said, "yes, "and immediately returned to sell it—I stated that Atkinson was a housekeeper at the time.
Morgan's Defence. I have been an unfortunate girl on the town—I never saw Atkinson till some time after Easter, when I met him a little before nine o'clock at night—he certainly gave my landlady the articles, saying his wife was dead, and he had given up housekeeping, and if the knives and cruets were of any service to her, she was welcome to them.
ROSE HAMILTON . I live in the same house as the two female prisoners—Wilson is the landlady—I was at Astley's Theatre with them some time before they were taken up on this charge—after coming out of the theatre we went to Proctor's Hotel, and the two male prisoners came in—we were drinking at the bar—they spoke to the two women—I was requested to wait for a moment—I followed them our, and, between the door and the bottom of the bridge, I saw Atkinson give something to them, which was three cruets and the knives—he said he had been a married man in the country, had had these things left to him, and, if she would accept them, she was welcome to them—Wilson received them—I am convicted she did not know they were stolen.
COURT. Q. Where do they live? A. No.9, Williams-street—they are girls of the town, I have seen Williams and Atkinson with them—I believe Atkinson was there three nights.
MR. BODKIN. Q. You were at the theatre for the same purpose as them? A. Yes.
ATKINSON— GUILTY . Aged 25.— Transported for Life.
WILLIAM— GUILTY . Aged 24.— Transported for Fourteen Years.
MORGAN and WILSON— NOT GUILTY .
1289. SARAH RATCLIFF was indicted for stealing, on the 18th of April, 18 pair of sheets, value 9l.; 8 spoon value 2l.; 3 blankets value 1l.; 22 towels, value 10s.; 6 table-clothes, value 1/2s.; 3 tray-clothes, value 3s.; 8 dessert knives, value 6s.; 5 cups, value 2s. 6d.; 5 saucers, value 2s. 6d.; 2 finger-glasses, value 2s.; 4 tumblers, value 4s.; 2 wine-glasses, value 1s.; 2 cruet-bottles, value 2s.; 7 yards of carpet, value 2s.; 1 candlestick, value 1s. 6d.; 4 plates, value 1s.; 1 printed book, value 1s.; 1 pair of snuffers, value 6d.; and 1 cork value 6d., the goods of Elizabeth Hare ; and WILLIAM CAVEY and ELIZABETH CAVEY for feloniously receiving 2 spoons, 1 cups, 4 saucers, 2 finger-glasses, 2 cruet-bottles, 7 yards of carpet, 1 candlestick, 1 plate, and 1 cork, part of the said goods, well knowing them to have been stolen, against the Statute, &c.
ELIZABETH HARE . I am a widow, and live in Church-street. I keep a boarding-house—Mrs. Webb boards in my house—Ratcliff was her servant—Mrs. Cavey is Ratcliff's sister—she came to our house to see her sister, and has been at times in the day—the male prisoner is a policeman, and has called four or five times—I have missed all the property, stated in the indictment, at different times, while Ratcliff has been in my house—I had a servant named Elizabeth King—I lost five tea-spoons while she was with me, and three after she left—in consequence of information given by King, I applied at Workship-street, on the 18th of April, and went with the officer to Cavey's house—the man was not at home—I saw Mr. Cavey—she was asked about the property, and said there was nothing there of mine—I said I came to look for tea-cups, saucers, and spoons—she did not answer—the officer searched and found some cups and saucers—(looking at some)—these are my cups and saucers—I had put some vitrol into a cup, and it look the colour out, by which I know it—these tea spoons are mine—they have had the initials rubbed down since I lost them—we also found five glasses, two cruets, a piece of carpet, a brass candle stick, snuffers, and two finger-glasses—the value of all the property I lost is 12l. or 14l.
Cross-examined by MR. PHILLIPS. Q. Had you no other servant than king? A. Yes, but she left me before these things were gone—whether she became to the house afterwards I cannot tell—Ratcliff very often had my servants there after they left me—I never knew Amy Lansdown come but once, and that was against my will—she was sent out by the parish to Van Dieman's Land, as an emigrant.
MR. BODKIN. Q. Did you miss the spoons after she was gone, or before she left? A. After she was gone.
ELEANOR KING . I lived with Mrs. Hare. Ratcliff was servant to Mrs. Webb—Mrs. Cavey was in the habit of coming to the house as her sister—I never saw her there earlier than half-past nine or ten o'clock in morning—while I lived there, five silver tea-spoons were missed—it is eight months ago since I first went—I missed one soon after I went, and the five went in about three months—I never saw Amy Lansdown there—I left on the 17th of January—my leaving had no reference to the property being missed—I went to Cavey's house to tea about a month before Easter last—I drank tea there, and noticed some tea-cups and saucers—I had heard Mrs. Hare repeatedly say she had lost cups and saucers—Ratcliff had taken me there, and directly we got in she said, "These are some tea-cups and saucers like Mrs. Hare's, but they are not hers, you will remember"—Mrs. Cavey was present—I had said nothing about the cups and saucers to her—I went to Cavey's again on the Saturday after Easter, and in about an hour Ratcliff came in—Mrs. Cavey was there, but not her husband—I saw the cups and saucers again, and two silver spoons—these are them(looking at them) they seemed as if the initials had been rubbed off—I saw one finger-glass there—Mrs. Hare had lost two or three—I saw a blue decanter—Cavey asked me to take a cup of tea—I said I would, and she gave me a metal spoon—I said, "You may as well give me a silver one"—she said, "Oh, yes! you only want to took at my silver spoons"—she did not give me one—I had noticed two of the cups with the colour gone inside when at Mrs. Hare's. and had heard it was by putting vitrol in them, and I noticed them there.
Cross-examined. Q. Was Mrs. Cavey present when the observation was made about cups and saucers? A. yes; I went the second time
about a month or five weeks after I first went—she had time to get rid of them if she chose—when the marks were rubbed off the spoons I do not know—I hear that Lansdown has emigrated—she lost her character, and could not get a situation, and the parish sent her out.
Mr. Bodkin. Q. Did you hear any thing about the initials being rubbed off the spoons? A. I heard the officer ask Ratcliff about it, and she said she had been them rubbed off.
JAMES BROWN . I am a constable of Workshop-street. I went with a search-warrants to Cavey's house with Mrs. Hare. and saw Elizabeth Cavey there—her husband was not at home—I told her I had a search-warrants to search her house for property stolen from Mrs. Hare—she said she had nothing of Mrs. Hare's—I searched, and in a cupboard in the front room below, I found the articles produced—the carpet was on the floor—I asked Mrs. Cavey where she got them—she said she had bought them some time ago—she did not say how long—I sent for the inspector, and took her into custody—the husband was afterwards taken, and I asked him about it—he said he knew nothing about it whatever—I afterwards went to Mrs. Hare's house and found Ratcliffe—I took her into custody, and told her to be very careful what she said, as I must tell the magistrate any thing she said to implicate herself—she said the cups and saucers were given to Mrs. Cavey by the girl who was gone to Van Dieman's Land—I told her I must search her boxes, but I found nothing there—I told her I must take her into custody—I had the spoons in my hand—she said, "I must go and speak to my mistress who is confined to her bed"—that is Mrs. Webb—I went to the rooms with her, and told the lady I must take Ratcliff into custody for robbing her mistress, and produced the spoons—as I came out of the room Ratcliff said, "I would not have cared if you had not mentioned about those spoons"—she said."I did not take them, the girl who is gone to Van Dieman's Land took them, and I stood at the back door and saw her rub the letters out on the stones at the back door—they were so scratched we could not sell them—I kept them some time in my drawer, and then gave them to my sister"—Mrs. Cavey is her sister.
Cross-examined. Q. According to Ratcliff's account, at the time Mrs. Cavey got them there were no initials on them? A. Certainly not.
JOHN BEDFORD (police-inspector). The prisoner Cavey was under my orders—I was sent for on the evening of the 18th, the found the property, and next day found more property—I heard Ratcliff stare how she got the spoons.
Cross-examined. Q. I believe before anybody is taken into the police the commissioners make strict inquiry into their character? A. Yes; the prisoner was under me for two years—he bore an excellent character.
MRS. HARE re-examined. All these things were missed after the grid was gone to Van Dieman's Land.
Ratcliff. Mrs. Hare told me when I first went to live with Mrs. Webb that she had lost a quantity of things—that is tow years ago. I went up and told mistress, and said, the £12 she had overchanged in her bill would pay for the things—the girl had lost her character by stealing a brooch, and the parish sent her to Van Dieman's Land—Miss hare is the housekeeper—Mrs. Hare has nothing to do with the things at all.
MRS. HARE re-examined. I lost a brooch while the girl was with me—it was found at her place, where I gave her character to—but I mentioned in her character that I had lost a brooch—the lady of the house found it in her box.
Cross-examined. Q. Can you say how long ago it is since you missed the spoons? A. I missed eight since the girl left me—I did not miss
them all at one time—I lost the last about three months ago—since that young woman left me.
Ratcliff. Q. Did not you lose two spoons while the girl was living with you? A. I do not now—I have lost a great many—I cannot swear I did not miss two while Lansdown was with em—I dare say it is ten months ago sen she left—I think I told Lansdown I had lost some spoons, but I am not sure—I accused miss Stone, the governess, of stealing the spoons, and I went to her, and told Ratcliff of it—I went there and could find nothing.
NOT GUILTY .
1290. SARAH RATCLIFF was again indicted for stealing on the 18th of April, 3 table cloths, value £2; 1 spoon, value 10s.; 2 brooches, value 5s. 1 pin, value 1s. mustard pot, value 1s. late rest, value 1s. and 1 printed book, ale 6d. the goods of Elizabeth Ann Webb, her mistress; and WILLIAM CAVEY and ELIZABETH CAVEY for feloniously receiving 1 spoon, part of the same, goods, well knowing it to be stolen.
JAMES BROWN . I went with a search warrant to Cavey's house—Elizabeth Cavey was there, but not her husband—among other things, I found a table spoon in the bed room closet—the bed room door was locked, and Mrs. Cavey had the key—I asked where she got the spoon—she said her mother gave it to her some years, ago, when they were married—I took her into custody—I afterwards took Ratcliff, and called on her to produce her boxes—she opened them in my presence, and I found two table cloths—I searched afterwards and founds three table cloths, two mourning brooches, and on mourning pin, they were in this jewel case—she was in Clerkenwell prison at the time I found them.
Cross-examined by MR. PHILLIPS. Q. The spoon is all you found at Mrs. Cavey's? A. Yes—they bore excellent characters.
Ratcliff Q. Was not the large table cloth hanging over the chair? Witness. Certainly not, it was in her box—at the first search we had nobody to identify the property, and we left them till the second search.
JOHN BEDFORD . I am a police inspector. I was present when the spoon was found in Cavey's bed-room closet—I did not hear her give any account of it—I afterwards assisted in searching Ratcliff's boxes, and I found a plate rest, a book, and cruel stand.
Ratcliff Q. Did not you se the table-cloth over the chair? Witness Certainly not, it was in her box—after it, when she locked up her things, she put it in again, but it was in the box when we first searched it.
MARY NEWSOM . I am grand daughter to Mrs. Webb, she is about ninety five years old, Ratcliff lived in the house as her servant—I belive this spoon to be hers'—here the remaning half dozen—there is one short—I have the care of her and her property—this table-cloth and two black brooches are her's, and all the things except the red case.
Cross-examined. Q. Are there any initials or crest on the spoon? A. No, they are a very old-fashioned spoon.
Ratcliff. Mrs. Webb only gave me one table-spoon, four tea-spoons, and one dessert-spoon. Witness. She two table-spoons—the plate was in my care—I had the plate-chest.
MR. BODKIN. Q. Had she the opportunity of taking plate, if she choose? A. I do not live with Mrs. Webb, but had her plate-chest in my care—I
go to the house every day—the spoon was not missed till it was found—I do not sleep there.
Ratcliff. The brooch was given to me by my mistress, and the smaller one by her grandson, and she had told me to do as I liked with every thing—my things were all mixed with her's—the two small table-cloths were given to me by my mistress, and I marked them "S. R." in her presence. Witness. Their things were not mixed—she had her things in a drawer, but not mixed with her mistress's.
JAMES BROWN re-examined. I found there table-cloths in the box—I asked the prisoner for the keys at the second examination, and she gave them to me—I found the boxes locked—I took Miss Newsom to look at the things—the large table-cloth is marked "Newsom"—I found no mark on the others—they were as I found them in her box.
RATCLIFF— GUILTY . Aged 28.— Transported for Seven Years.
ELIZABETH CAVEY— GUILTY . Aged 32.— Confined Six Months
WILLIAM CAVEY— NOT GUILTY .
EDWARD MARKLEW . I keep the Ball and Crown, in Kingsland-road On the afternoon of the 29th of April, the prisoner was in the tap-room—he had two or three penny-worths of gin—I was coming across the bar—I turned my head, and saw him come down stairs from the first-floor room—I asked him what business he had up-stairs—he said he had been up to speak to a little boy belonging to a lodger in the house—he did not know that lodger—I observed his coat was buttoned, and asked what he had got there—I unbuttoned his coat, and he pulled the sheet out himself—I gave him in charge.
Prisoner's Defence. On that occasion I was falsely tried. In consequence of one trouble coming after another, I was almost distracted, and did not know what I was doing—on the day I was at the prosecutor's house I spoke to the little boy two or three steps up—I acknowledge I had the sheet in my hand, and I said I had no right to have it—I had no intention of taking it—it was entirely through trouble and misfortune that I knew not what I was doing.
GUILTY . Aged 17.— Transported for Seven Years.
ANN MARIN SYMONS . I am the wife of Edward Symons, who keeps a public-house, in York-street. On the 27th of April, between eleven and twelve o'clock in the morning, the prisoner came to the house—he appeared to be drunk—he wanted some beer—I was up-stairs at the time—I came
down and found him there—I thought him tipsy, and I took the beer from him which my servant had served him with, and he went away—I directly missed two towels—I went after him and told the officer about it—I went home, the officer sent for me in two minutes, and I saw him find two towels in the prisoner's coat-pocket, which he had taken from a cupboard in the tap-room.
(properly produced and sworn to.)
GUILTY . Aged 30— Transported for Fourteen Years.
ROBERT JOHNSON . I am a porter at a shoe-warehouse—the prisoner is a shoe-maker—we lodged together, and slept in the same bed for about ten months—on the 25th of April I went to bed first, and hung my waistcoat behind the door in the rook—I did not see him at home that night—it was taken while I was at work in the day-time—I came home about half-past eight o'clock on the night of the 26th—I never allowed him to pawn my things at any time.
(Property produced and sworn to.)
Prisoner's Defence. When I took the waistcoat I did not think about thieving—I merely took it to get a few halfpence—I meant to redeem it again—I went next morning to get it, and my landlord had sent for it.
GUILTY .* Aged 23.— Confined Six Months.
GEORGE KENT . I am a policeman. On the 29th of April I was on duty at Mr. Crosby's, a carpenter, in Kingsland-road—I watched the two prisoner for an hour, loitering about the shop of Mr. Crosby, talking to each other, backwards and forwards—I saw Ball stand on one side the shop, and the other on the other side—I saw Ball take the chair from the shop and walk away with it—I took him into custody—the other walked off—he was close to Ball when he took the property—I secured them both—this is the chair.
(The prisoner Ball put in a written defence pleading distress. Richard Barker, gun-maker, Commercial-road, gave him a good character.)
BALL— GUILTY . Aged 23.
BEAVIS— GUILTY .—Aged 20.
Confined One Month.
GEORGE KEMP . I am a policeman. I was on duty, on the 2nd of May, in Old-street-road—I watched the prisoner, in company with a third one, for sometime—I saw Marney go by the shop, pull some thing off the shop-board, and throw it down—the other came by, took it up, and went after him, and put it in his apron—Marney pulled them off and Reeves took them up—the third one ran away—I secured the prisoners, and found the boots in Reeves's apron.
Reeves Defence. Marney had nothing to do with them.
MARNEY— GUILTY . Aged 12.— Whipped and Discharged.
REEVES— GUILTY . Aged 14.— Transported for Seven Years.
Fourth Jury, before Mr. Recorder.
1296. HENRY BONSOR and JOHN LILLEY were indicted for feloniously receiving, on the 2nd of May, of an evil-disposed person 4s. yards of satin, value 8l. 12s., the goods of James Bellew Bailson Eastman and others well knowing it to be stole; against the Statute, &c.—2nd COUNT, stating the property to belong to Joseph Edward Sheppard.
MR. CLARKSON conducted the Prosecution.
THOMAS LEAVER . I am apprentice to Mr. Joseph Edward Sheppeard, of Carter-street, Brick-lane. He works for Eastman and co., of Spital-square—they are silk manufacturers—I was at master's house, on Saturday night, the 30th of April—I know the satin which was lost—Andrews, my fellowapprentice, had been at work on it that night—I left home about nine o'clock, that Saturday, leaving mistress and two children in the house—I was at work at the looms, up two pairs of stairs—both the looms were in the same rooms—the satin in question, was taken from the loom of my fellow-apprentice—I returned that evening at eleven o'clock, and as I was turning the corner of Carter-street, I observed two men at the steps of master's door—one of them was lying on the ground and the other helping him to get up—one of them had a pair of painter's steps with him—I would not reach two stories high—neither of the prisoners are either of the two men I saw—I went after one of the man, and found him—when I got to master's door I found it open—the lodgers often go out, and leave the door open—I went up-stairs, and missed the satin from the shop, two stories high, where the looms are—it was cut from the loom—it was safe when I went out at nine o'clock.
JURY. Q. What part of the house is your master's apartment in? A. On the first floor.
MR. CLARKSON. Q. Have you seen any satin in the officers hands? A. yes—it is the same pattern, and appears to be the same that my fellow-apprentice was at work on.
JOSEPH EDWARD SHEPPARD . On Saturday, the 30th of April, I came home at twenty minutes after eleven o'clock, and found Andrews' work cut away from the loom—I have since seen it in Lewis's possession—I have compared it with what was left on the roller, it corresponds in pattern, and left, corresponds of Scott, which also corresponds—I am employed by East the possession of Scott, which also corresponds—I am employed by Eastman and Co. it is their property, and was in my possession.
JOSEPH ANDREWS . I am one of Mr. Sheppards's apprentices—I went out on Saturday night, the 30th of April, about eight o'clock—my work was then all right there were from forty-three to forty-four yards of white figured satin, on the roller—I came back about a quarter to twelve o'clock
that night, and it was all cut away—I afterwards saw a portion of silk in possession of Lewis, the inspector—it was part of what had been on my roller—I had an accident with it, and cut the leisure away, which is a few threads on the outside—it was edging—I know it by that—I found that in it—I had been oiling a machine that morning, and part of the oil had fallen on it, and stained the work—I saw that stain in the silk produced about four yards from the end, which was where I had stained it—I am certain what I saw with Lewis, was apart of the silk lost—It had not been dressed—it is not sold before it is dressed—it was finished as for as my work was concerned—it was not in a state for sale.
JOSEPH LEWIS . I am an inspector of the police. I produce a quantity of satin—I received it from Mr. Archer, the silk dresser, on Monday night, the 2nd of may—In consequence of what I heard from him, I went to Bonsor's house—he keeps the White Hart public-house, in Vine-court, Spitalfields, and saw him there—I told him I had traced a piece of silk to his possession, which had been stolen—he said, a man named Gifford brought it to his house, who kept a bonnet-shop in the neighbourhood of Tabernaclewalk—he said, he knew nothing about it, that Mr. Lilly knew all about it—Lilley was not present—I took him to the station-house, and asked him where-Lilley lived—he said, "AT No. 115, Brick-lane"—I went there, and found Lilley lived there, but he was not at home—I saw him soon after wards, in custody of Scott—I went to Sheppard's and brought away the small piece of silk attached to the look—I also produce two quills, a rose coloured one and a pink one, which I received from Mr. Sheppard—it is the edge.
Cross-examined by MR. PHILLIPS. Q. He did it was left at his house to get it dressed? A. No he did not—I did not propose to go with him to Tabernacle-walk to look to Gifford, as I thought another person was concerned—the quills were produced at the second examinations.
Cross-examined by MR. BODKIN. Q. Who did you see at Lilley's? A. A female—I suppose it was his wife—I was in my uniform except having a plain coat over my dress—I did not say I was an officer—he was in custody in ten minutes afterwards—Scott went with me.
ABRAHAM SCOTT . I am a police-sergeant. I went to Lilley's house with Lewis—he was not at home, but the children fetched him—I remained a few yards from the door, and when he came I asked him if his name was Lilley—he said, "yes"—I said then he must walk with me to the station-house—as we went long he asked if it was any secret that I was taking him to the station-house—I said "No"—he said, "What is it"—I said, "Some silk has been traced to Bonsor's possession, and Bonsor tells Mr. Lewis that you know more about it than he does"—Lilley said he knew nothing at all about it—that he found the silk at Mr. Bonsor's—he went there to get a glass of ale, and Mr. Bonsor asked him if that silk would dress and clean French fashion, and he said he had no doubt but what it would—I took him to the station-house—he said Bonsor cut about one yard and quarter from the silk and took it to Raven-row to Mr. Perry's, (but he afterwards found out his name was Archer,) to see if he could dress it, and he (Lilley) went with him—I produce a piece of silk which I got from Mr. Hughes.
Cross-examined by MR. BODKIN. Q. Did not Lilley say he knew no more about it than he had told you? A. He said that was all knew about it—he came in four or five minutes after his children went to fetch him—he could see I was an officer.
and a quarter of silk from Mr. Archer—I afterwards delivered it to sergeant Scott—Sheppard weaves for our house—I gave him and card to make that figured satin on it—It would make no other pattern than that—the value of the stain produced is 8l. 12s.—there are forty-three yards of it—it is not a in a saleable state—any man accustomed to the silk-trade must know it was unfairly obtained, because one end is cut out, and in a jagged manner, and with out any bars, and it is covered with mud; which could not have happened in a weaver's loom, and it has not been dressed, which is always done before it is offered for sale—the dressing gives it stiffness and throws up the pattern—I never sold any in this state—I know Bonsor—he has been in the silk-trade—I have heard of him for three or four years, but know he was in the silk-trade three years ago—I have seen Lilley two or three years about, and understood he was in a silk-house, but do not know it.
GEORGE ARCHER . I am a stain-dresser, and live in Raven-row, Spitalfields. On Monday, the 2nd of May, the prisoners called on me with a pattern of silk—Bonsor asked me if I could dress figured silk after the French fashion—I said I could and had dressed thousand of yards—patterns were produced to me—I think Lilley produced some patterns—I think they had been dressed—I asked him if they were not French silks—he said he did not know—I think it was Bonsor produced the pattern of the silk in question—I observed that it was undressed—Bonsor said "If I send you a piece how soon can I have it back—can I have it the next day"—I said, "Perhaps the next evening or the following morning"—after showing me the patterns they both left together—I think I returned the patterns which Lilley showed me to him—the pattern of this silk I returned to Bonsor—I was given to understand a piece would be sent, and it came shortly afterwards, in three pieces—a lengths runs about sixty to seventy or one hundreds yards—this was forty-three yards in three pieces—on opening the parcel I found it was the pattern Bonsor had shown me the sample of—this yard and a quarter is the piece which Bonsor brought, and there were two others besides—the three came together packed in a brown paper parcel—I took the smallest piece to Eastman and Co. and left it with Hughes the foreman—I took the other two lengths to the police-office—I have dressed silk for Bonsor before, but never for Lilley—I should say it is not in a stare fir for sale—there is a bar at one end and it is cut in a jagged sort of manner—it is very unusual to find a piece of silk in that jagged stare—I did not notice the ends till I opened the parcel—the piece shown to me has a bar at one end till I opened extraordinary in that piece—nothing except the other end being cut in an untradesman-like manner.
Cross-examined by MR. PHILLIPS. Q. you though it nothing extraordinary or you would not taken it to dress? A. Certainly not—I had not discovered the mode in which it was cut till it was left in the parcel—I then went immediately to the manufacturer, having had information previously of his loss—I did not go to any body till I heard stain was stolen—I had not opened the parcel before I heard that satin was stolen—it was on opening it I discovered it was the same pattern—I heard that silk was stolen the same day as they came to me—I heard a piece had been stolen before they came, but there was nothing in the pattern to excite my suspicion, not being ware it was the same pattern—when I saw it was cut in untrademan-like manner it did excite my suspicion—I saw the pattern when they produced it—I did not at that time suspect it was stolen—I have know Bonsor
two or three years—I always knew him by the name of Bonsor—I was never in his public-house—there was no disguise about this.
Cross-examined by MR. BODKIN. Q. Bonsor produced the pattern? A. Yes—that was the only silk produced to me in Lilley's presence—I thought the piece of silk belonged to Lilley—Bonsor had produced it and said he would sent the name of Lilley—Bonsor had produced it and said he would send the piece—I fancied it was being dressed for Lilley—that was the impression so my mind.
COURT. Q. Why was the impression on your mind that Lilley was the person? A. When it was brought in, it was left with a message—Lilley was not present—they had said a piece should be sent—I think it was Bonsor said so—the message was, "A piece of silk from Mr. Lilley, to be dressed and sent to Mr. Bonsor's when finished."
MR. CLARKSON. Q. As soon as you discovered, on opening the parcel, the peculiarity attending the silk, did you go to the manufacturer? A. I went immediately—a pattern had been sent to me previously, saying if such a pattern was sent to me to dress, to give notice to Mr. Eastman—I was guided entirely by the pattern—I took the small piece with me, as it matched with the pattern—it was the pattern that induced me to go to Mr. Eastman's—I did not at that time know the appearance of the silk—I should think a person, conversant with the silk trade, would knew it was in all unfinished state—Bonsor had been in the silk trade before he took the public-house—I do not know what Lilley's business is.
JURY. Q. Is silk ever disposed of, between individual in the trade, in an undressed state?. It is a very unusual occurrence—it has been done certainly.
COURT. Q. Suppose a person was trying to raise money, might be not do it? A. yes—the piece is divided into three length now—I undid the parcel between twelve and one o'clock on the 2nd of May—the piece the prisoner shewed me was not opened, but folded up in a small square—I merely saw it in that from with our its being opened—the parcel was sent to me within half an hour of their leaving—it all appears to have been cut with scissors, except the first end, which is jagged, but it is a silk which very soon ravels out.
THOMAS SHEPPARD, SEN . I am father of the workman Sheppard, who is employed by Eastman and Co.—I have compared the pieces of silks with each other, and the pieces which came from the loom—they are all portions. of the pieces cut from the loom.
WILLIAMS HERITAGE, JUN . I acted as clerk to the Justice at Workship-street on the examination—I assisted my father there—the Magistrate asked me to take down what the prisoners said, which I did—It was read over to them, and they put their names to it, and the Magistrate countersigned it—this is the deposition made by them.
COURT. Q. You acted as clerk to the Magistrate? A. I was sitting there no private business of my own—I occasionally assist my father—I am conducting this prosecution for Mr. Woolley—I did not take the depositions in the case—I took the examination of the prisoners in the Magistrate's presence—my father was extremely busy at the time—I had nothing to do with this case till after the depositions were taken—I was applied to the day after the prisoners were committed.
Cross-examined by MR. PHILLIPS. Q. When were the statements taken from the prisoner; in what stage of the transaction? A. On the first
evening they were brought in—before the depositions were taken—they had previously heard what was said against them, but it was not taken down—it is the custom first to examine witnesses orally, and not to take down what they say at first.
Q. Then you ask the prisoners what they have to say? A. That is not very often the custom—it was so in this instance—what the prisoner said was taken down in writing, before what the witnesses said against them was taken down.
COURT. Q. Was it not taken down in the Magistrate's book in the first instance? A. Mr. Broughton, I believe, takes notes in his own book—it was not taken down in any books.
MR. PHILLIPS. Q. Then, after these men had made their statement and it was taken down, the depositions of the witnesses were taken down. A. yes, I believe two or three days after—I was in the public office or that occasion, when the prisoners were asked what they had to say—it was not a private examination—Mr. Sheppard and some of his witnesses were there, and they had an opportunity of hearing what the prisoners said; and after that it appears that what the witnesses said was taken down, but was not present—nothing was take down till after I took the prisoner's statement.
COURT. Q. Were they examined afterwards; when they had heard the statement made by the prisoners, had they the opportunity of making a further statement? A. I was not present at the final examination—the case coming in the evening, and there being so many witness, it was impossible to take the depositions them—I took this down from the prisoner's mouths (read)—"The prisoner Lilley says, This day, just before one o'clock, I was at Bonsor's—he asked me if I thought the silk now produced would dress—I said there was not a doubt of it—he cut a yard and a quarter from it, which was very dirty, and asked me if I would go down to Perry's with him—I said I would go—I went to Perry's with Mr. Bonosor—he took a yard and a quarter, which he cut off, with him—Bonsor gave a gentleman, now present, whom I thought was Mr. Perry, the yard and a quarter, and asked if he could dress it—Mr. Perry said, "Yes, he had dressed some hundred yards"—I do not recollect whether the pattern was produced to Mr. Perry by me or Bonosor." "J. LILLEY."
"The prisoner Bonsor says, The pattern of the produced silk was brought to me by a man named Gifford, who uses my house—he brought it this morning—he is in the bonnet line, and said he kept a shop in Tabernacle-walk—he asked me if I could recommend him to a dresser to dress it—I told him I would take a bit of it to my own dresser, and ask him—he accordingly gave me the pattern, and he afterwards brought the piece of silk now produced—the pattern he first brought was a very small piece—it was about ten o'clock, and shortly afterwards brought the large piece produced, and then Mr. Lilley happened to be at our house having a glass of ale, and he stepped with me to the dresser—I afterwards gave the large piece of silk produced to Gifford, and gave him the address of the dresser—he cut off a yard and a quarter in my presence—I can produce the party that left it with me—if Mr. Lewis, the inspector, understood me that Mr. Lilly knew any thing about it, it is quite a mistake."
Bonsor's Defence. I keep a public-house, and was formerly in the silk trade—a person named Gifford left the silk with me to get dressed—I had
no suspicion it was unfairly obtained—it is a position in which any of you might be placed as tradesmen—you might recommend a man to a tailor to sell clothes—I had no suspicion of being stolen—I myself have been a great sufferer when I was in the silk trade—I have done all I possibly could to find the man who left it at my house—but as soon as a noise was made about the silk being discovered at the dressers he absconded—it will appear that no disguise was down by me—Archer has known me many house a considerable time, of concealment, I should have kept it in my house a considerable time, or else not have gone in my own name, or have done something to show I wished concealment—the has used my house, a considerable time, and told me it was for the purpose of making bonntes, and I believed him—I have witness to prove he used my house—I firmly hop you will say it was an error of judgement, and not an in, tention of doing wrong—a man might leave a parcel at a house, especially a public-house; we promise to oblige persons, to get thing done.
Lilley's Defence Bousor asked me to go with him—I know nothing of it—the silk was never in my possession.
GEORGE CROFT . I keep the Halifax Arms, Halifax-street, Mile-end New-town, I have known Bonsor twelve or thirteen months—I am not acquainted with Gifford—on Monday, the 2nd of May, I was at Bonsor's about ten o'clock in the morning—I was in the parlour—a person came in while I was there with a small parcel, and asked Bonsor something about some silk, whether he could get him a piece dressed—I did not pay much attention to it—I will swear whether the silk was opened before me.
MR. CLARKSON. Q. Did you know Bonsor in the silk trade? A. No.
THOMAS HALLS . I am a fruit-salesman, and live in Vine-place, Spitalfields. I was at Bonsor's house on the 2nd of May—Mr. Croft was there—I saw Bonsor there—I was drinking a glass of porter—I remember a a man coming in to speak to Bonsor—I had not seen him before that day—he said something respecting a pattern of silk—it was to be done in the French style, if he could get it—Bonsor said, "Call again and I will let you know."
(Several witnesses deposed to Bonsor's previous good previous good character, some of whom stated that silk was occasionally sold in an undressed state.)
NOT GUILTY .
LOUIS WILLIAMS . I am the wife of Samuel Williams. The prisoner was in our employ as errand boy—I gave him gave him two sovereigns to pay 1l. 6s. 8d. for poor-rates—he never returned till he was in custody.
Prisoner I had the money taken from till he a young man at Islington.
Witness I live in Beauford-terrace, King's-road, Chelsea. He had to go in the same road—he had not to go to Islington—he had to go about half a mile—he was to pay it to Brooks.
FRANCIS JOHN RICHES (police-constable E 54.) I took the prisoner into custody on the 5th of May, in Robert-street, Chelsea—I told him the charge—he admitted taking the two sovereigns, and said they were taken from him again—I had been looking for him from the 22nd.
prisoner Defence I had the money, and pout it in my hand to go and
pay Mr. Brooks—I away with it, and went to Islington, and had it taken from me.
GUILTY . Aged 15— Transported for Seven Years.
NEW COURT, Monday, May 16th 1836.
Fifth Jury, before Mr. Common Sergeant.
MR. ELLIS conducted the prosecution.
WILLIAM EVERETT . I am a port butcher, and live in Chichester—place, Gray's-inn-road. On Thursday, the 14th day of April, between six and seven o'clock in the evening the prisoner came into my shop for a penny black-pudding—I served him, and gave him the change for a shilling—the instant he was gone I found it was bad—it was the only one I had—I went and gave it him back—I had bitten it—I found him about forty yards off—there was another one with him—they were eating the black-pudding, and in conversation together—I asked where he got it—he said he borrowed if of a baker; and if I came home with him he would give me the full amount—I would not—I returned and saw the policeman—we went and found him in Liverpool-street, just at the back of my house—they saw us and ran—the officer caught the and the other—they were taken to the station-house, and then we went back to the place where they were taken, and found the shilling that was offered to me, in the road knew it by my biting it—that was after they were discharged, as morning was found open them—the instant they saw us they began to run, and on the spot I found the shilling.
JOHN ARCHER (police-constable G 150). I received information on the 14th of April, and saw two persons coming up Liverpool-street—they ran away—I saw something seemed to be dropped by the prisoner—I ran and caught him, and then gave him to the witnesses, and took the other—they were taken to the station-house and discharged, nothing being found—I went back to the spot and found this bad shilling.
THOMAS WAY . I am in the service of John Maber, at King's-cross. Battle-bridge, a wine and spirit merchant. On the 21st of April, between eight and nine o'clock in the evening, the prisoner came to our bar for a pint of ale, which is 3d—he offered me half-a-crown—John Parkin came in and took it out my hand—I am sure it was the one the prisoner gave me—Parkin asked where he came from—he said, "From a baker's shop just by"—he was detained and given in charge.
Prisoner's Defence A gentlemen not me in Tottenham-court-road and
asked me to carry a desk for him, and he gave me the shilling—the half-crown I borrowed of a baker in Camden-town.
GUILTY . Aged 17— Confined One Year.
THE HON. MR. SCARLETT. conducted the prosecution
WILLIAM NICHOLLS . I am in the service of as station in Long-acre. On the 6th of April the prisoner came to the shop for a black-lead pencil, which came to 2d—he officered me a shilling—I instantly perceived it was bad, and told him so—he said he did not know it, and wished me to let him go—I called our porter and gave him into custody—I kept the shilling in my hand till I gave it to the constable—it had not been out of my possession—I went with him to the station-house, and marked the shilling—there was nothing found on him and he was discharged.
EMMA ABLETON . I saw the prisoner, on the 14th of April, at my father's shop, in Park-lane—he came for a half-quartern loaf—I gave him one—it was 4d—he offered me a shilling—I perceived it was bad—I told him so, and said, "I shall not give it to again"—he turned and went away, and left it in my possession—Mr. Cowlishaw, who was in the parlour, went after him—I gave the shilling to the policeman.
GEORGE COWLISHAW . I was in the parlour, and pursued the prisoner to London-street, about fifty yards off—I caught sight of him as he was turning a court to go to London-street—I caught him—he ran away again as far as Hart-street, where I caught him again.
GUILTY . Aged 19— Confined One year.
1300. WILLIAM GORMAN was indicted for feloniously receiving, on the 31st of March, 30oz, weight of silk, value 4l. 10s.; and 39 bobbies value 1s.; the goods of William Emerson; well knowing them to have been stolen; against the Statute, &c.—2nd Count. stating them to be the goods Eliza Allen.
MR. BODKIN conducted the Prosecution.
ELIZA ALLEN . I live in East-street, Globe-fields. In March last I lived with JOSEPH SRURGIN, in Virginia-row, Bethnal-green, and was working as a weaver for Mr. Emerson—Mr. Bamber is the manager of that establishment—on the 10th of March last I received some Adelaide warp to weave from Mr. Bamber—I afterwards received seventy-bobbins of shute to weave into that warp—I received four lengthening bobbins—we have silk on them to mend any breaking in the warp—I did not know any thing, at the time, of this shute being taken away from my place—I missed it about a fortnight after it was gone—it was then discovered that it had been stolen—I told what Sturgin told me—I was then taken into custody—thirty-nine bobbins were gone, which are worth 2l. 4s.
being taken into custody—I had been taken before—I told Mr. Emerson foreman, at first, that I did not know what had become of this silk—I afterwards told Mr. Gascoyne; but it had been found out before that—it had not been found out before I told Allen—I sold the silk to the prisoner—I told the policeman, as near as I could, where he lived—I do not know the name of the street—I sold him forty-five bobbins, about 28oz. of silk—he gave me 7d. an ounce—I was very badly off on the Saturday night, and had no victuals to eat—we went to the prisoner, I waited down stairs, while a young man went up who went with me and showed me where Mr. Gorman lived—the young man told Gorman something at the bottom of the stairs, and then Gorman told me to come again in a few minutes—I then waited down stairs while the young man went up—he was up a few minutes—he then called me, and Mr. Gorman asked me how much I wanted for that stuff—I said, "I don't know; pay me what you pay other persons; "he said, "That is 7d. an ounce"—we agreed to that price—he paid me 2s. 11d. for 50z.; and he told me, if there was any more he would pay me when I came for the empty bobbins—this was on Saturday—I went again on Tuesday for the bobbins, and took eleven more bobbins—he paid me for 60z., at 7d. an ounce; that was 3s. 6d.—I took eight bobbins at first—I got back the bibbins which I took on Saturday—they were in a basket, which had twenty or thirty more in it—he gave me the eight the first time; and every time after I had to pick them out of the basket—I remember leaving one bobbin that was a lengthening bobbin—the colour of this silk was Adelaide—I went five or Six times in the sane way, and always saw him—he paid me 7d. an ounce—the lower part of the house is a broker's shop, and I went up-stairs to to the place—I told the officer what sort of place the first floor was.
Cross-examined by MR. CHAMBERS. Q. What did you do with the bobbins when you got them back? A. I took them home, and put then in the cellar; not that they might be used again, but for me to take up-stairs when I had opportunities—I intended to get more silk on them when my work was done—I should have purchased silk myself, and had it wound upon them—my intention was to purchase silk to substitute for this I had disposed of, when my own work was done—this was Mr. Emerson's silk—it had been delivered to Eliza Allen—it was not my intention to steal it—I stated in my depositions that I took thirty-five bobbins altogether, but since, I have recollected ten more—I was taken up about five or six days after it was all over, and then I stated where I had taken it to—I am twenty-two years old—I have been a weaver ever since I was ten years old—I worked for Mr. Emerson, and so did Eliza Allen—we were living together as man and wife—she fetched the silk herself—it was not with her knowledge that I made this use of it—I first communicated it to her on the Saturday as I was taken on the Friday after—I told her on the Saturday on which I took the last ten bobbins, and I was taken on the Friday afterwards—from what I ran recollect, I took 28oz. in all—when the silk is on the bobbins, the bobbins and silk are weighed together; and when the silk is wound off, then the empty bobbins are weighed.
COURT, Q. Did you weigh the bobbins? A. I weighed them the last time hut one, because there was one quarter of an ounce coming to me.
MR. BODKIS. Q. Did Gorman know that you were a working weaver A. Yes, all the bobbins I took had the manufacturer's name on them—any body could have seen at once whose they were—I asked the prisoner.
what I could have such silk for an ounce again—he said from 10d. to 1s.—if it had been 2s. 6d. an ounce, I had no means of getting it again.
MR. CHAMBERS. Q. Them the manufacturer's name being on the bobbins, you could easily pick them out? A. Yes, I took forty-five bobbins, and I took back forty-four—I forgot that one—I first took eight—the second time I took eleven and took back ten—I recollected it afterwards—it is not likely that I left any others—I left one, which was a lengthening bobbin—it was not so much consequence to me as the others were, and I forgot it—I remembered it the day after I went home—when I went home, I had the number written down on my loom-post—I took the eleven on Tuesday, and to ok them back on Thursday.
JOHN BAMBER . I am foreman to Mr. William Emerson, a silk manufacturer, living in Spital-square, On the 10th of March I delivered to Eliza Allen a cane of Adelaide warp, it weighed 31lbs. 60z.—I gave four lengthening bobbins—the shute silk was worth 2s. 6d. and ounce at that time.
EDWARD GASCOYNE . I am foreman to Mr. Emerson. I went to the house where Allen lived—I found about 9 1/4 yds. made, and 2lbs. odd of silk gone—Allen made a communication to me, and I took Sturin into custody—he told me what he had done with the silk, and in consequence of that I went to the prisoner's house with the officer, on the 9th of April—we found him at home—it is what we term a loombroker's shop, down below—I saw no articles of furniture for sale—a loombroker must necessarily be acquainted with the weaving trade—his house is in the neighbourhood where the weavers live—we told him what we came for—he said he had no objection at all to out searching—we went up-stairs and saw a quantity of rolls ticketed, which had no warp upon them—we searched about the place, and sixty-six empty bobbins were found, belonging to out factory, with the name of"Worland"on them, which was a stock that Mr. Emerson had purchased—I found a lengthening bobbin—it had Adelaide silk on it—I found some white silk on a bobbin with "Worland" on it—the shop bobbins had been died black in July, and were rather remarkable—he said he bought the lengthening bobbins that had the Adelaid silk on them, with some other brokering things—I think he said a plush-box—I think he said he might have had it two years—I am sure he represented that he had had it some time—he was then taken.
Cross-examined. Q. What is plush-box? A. A box in which they put velvet after it is manufactured—I think this Adelaide colour came up about two years ago—I know the prisoner deals in bobbins—Mr. Worland has given up business, and Mr. Emerson bought his stock—it may happen, in an extensive business, that the bobbins may remain unreturned occasionally—there may be an omission of one bobbin, a lengthening one more particularly—it is impossible to say how many hundred bobbins I have given out—the prisoner afforded me every facility in searching—he went and brought a ladder, when I asked if there was a loft. for the purpose of my ascending it—I do not recollect the officer saying, after we had searched, "We have not found the shute we came after" nor his saying. "That will do"—I heard that they let the prisoner go after he was taken up.
MR. BODKIN. Q. Did he tell you he dealt in bobbins? A. He told me he had bought a quantity of bobbins.
prisoner's house, he was at home—I had not a description of the place from Sturgin—I went with a search warrant, in consequence of information from Mr. Gascoyne and the policeman, and brought away altogether sixty-seven bobbins—this is the lengthening bobbin that has the silk on it, and this one has a bit of white—I found them up-stairs, in the first-floor room of the prisoner's house—I asked him to account for the thirty-five bobbins—he said he bought some of one and some of another—Mr. Gascoyne said "I believe this Adelaide to be out silk"—and looked at it—the prisoner made no remark about that.
Cross-examined by MR. DOANE. Q. You found every facility in searching this place? A. yes—I found them after I had been there five minutes.
JOHN BAMBER re-examined. These bobbins are Mr. Emersun's—this one with the Adelaide silk on it, I should say, from its general appearance, is one that I gave out—the name of Worland is on it—Mr. Emerson purchased the whole of Mr. Worland—I could not swear that the Adelaide silk I gave out, was of the same kind and colour as this—these black bobbins I can swear positively to—here is one with a little Adelaide silk on it. which is not ours—these other two were brought from Sturgin's house.
Cross-examined by MR. DOANE. Q. Have you not reason to believe that there are thousands of bobbins of this colour? A. Yes—I will not swear Mr. Wouland had not sold bobbins some months before he sold them to my master.
MR. BODKIN. Q. Are these bobbins sold in small quantities? A. No. not in general.
ELIZABETH ALLEN re-examined. This bobbin is one I received from Mr. Emerson—it has the name of Worland on it—I did not notice the name at the time I received it—I judge from the colour and size of the bobbin—I had four lengthening bobbins, and two I am short of.
Cross-examined by MR. DOANE. Q. Did you take it at the time he made the statement? A. Yes—it was read over to him and he signed it—he was asked if he had any thing to add—the magistrate was not present during the whole of the time—he was when it was read over—(reads)—"I never saw the witness, Sturgin, before I saw him in custody at this office, when Mr. Hanley brought him out of the lock-up-place, and asked me if I knew him—I never bought shute or warp of him."
MR. DONE, Q. Did you not hear the prisoner state, that he bought and sold bobbins in the way of business? A. Yes, he stated that he used to buy weavers' apparatus, and there were bobbins among them.
Prisoner's Defence. Sturgin himself denied at the office that the bobbins were ever his, which had the Adelaide silk on—I bought a lot of things at a weaver's and in them was a plush-box, and these bobbins were in it—I never exhibited them for sale—I gave every facility to them when they came—when they came into the chamber where the bobbins were, Mr. Banley said, "You have not found the property you came after"—Mr. Gascoyne said, "No"—I said there were some more bobbins down stairs.
I took them down and showed them to them, and they found two—they then said, had I a loft—I said, "Yes"—they went up-stairs—I got a ladder—Mr. Gascoyne went up to search, but found nothing—he then came down and said, I must go with them to Worship-street, and then
they seemed to own the bobbins, but never matched the silk while I was there, which I said, I thought they ought, because they might see whether they were alike—I said, it was full six months before that I had bought this lot of weavers apparatus, where the bobbins were—after the examination, I was allowed to go home—to appear on the Monday; when I went, and was put in a room with an officer, Mr. Vann—he said, "You are right enough; they have not got a little against you"—I said, "I do not know, but I have come honestly by the bobbins; I did not buy them to get profit by, nor did I offer them for sale"—the silk is no use to me at all, and the bobbins were in the basket with others—I allowed them to take them all away.
JURY to JOSEPH STURGIN. Q. As far as you can judge do you believe that bobbin with the Adelaide silk on is the one you sold the prisoner? A. The bobbin is not—the silk I believe is the same—this other is the bobbin that I missed.
COURT, Q. Who introduced you to this man? A. A man who bought and sold silk thrums about the streets—I do not know where he is now—he told me he was going into the hospital—he gave me the name of Peter Lucas.
(Benjamin Richardson, silk-weaver, of Fuller-street; Robert Entwintle, a silk-weaver, of 50, Hare-street; Samuel Scott, a silk-weaver, of No.11, George-street, Bethnal-green; Thomas Sewardson; Samuel Poor, a silk-weaver; Wm. Brown, of No, 3, King-street, Globe-fields; James Tucker, Phillip Sheel, and Samuel Shears, a smith gave the prisoner a good character.)
GUILTY . Aged 42.—Recommended to mercy by the Jury. Transported for Fourteen Years.
JOHN LLOYD . I am a rule-maker and live in King-street, Soho. I met the prisoner about half-past one o'clock in the morning on the 25th of April—I was sober—she took me to a court in Broad-street, and we went into a room a there—I put my great-coat on a table—I felt rather sleepy when I had been there some time—I laid down on the bed and dropped asleep—the prisoner and the coat were there then—when I awoke she was gone—in a few minutes two policemen came and asked me if I had lost a coat—I looked and my coat was gone—this is it.
Prisoner, He asked me if I would give him credit—I said, "No, "and he said he would give me his coat to pledge—I was to have 5s. and another young woman was to have 5s. Witness. I told her I had no money—hut I had some—and when I had been with her I should have paid her—I believe I gave her sixpence and fivepence in copper—she did not go to bed with me—she was in the room when I fell asleep—I thought she was going to blackguard me before I went to sleep, and I told her I would satisfy her—she in a manner threatened me—sometime after I entered the room she asked me what I meant to do—I replied that I told her I had no money and she had no right to expect any, and I did not like to go into the room—I never gave her authority to take the coat—I lost a sovereign, a silk handkerchief, and an umbrella beside.
Prisoner The prosecutor gave me the coat to pawn for 10s. and he called me back when I had shut the door, and took a red pocket-book out of the pocket.
NOT GUILTY .
1302. HANNAH BUNKER was indicted for stealing, on the 22nd of April, 1 coat, value 30s.; 1 waistcoat, value 10s.; and 1 pair of trowsers, value 10s., the goods of Joshua Bright Bushell; and that she had been before convicted of felony.
JOSHUA BRIGHT BUSHELL , I am apprentice to William Bunker, the prisoner's husband, On Friday the 22nd of April I saw the prisoner in my master's house—she had been living there about three weeks and then went away—she came back again and took her child and went away—I missed my things the next day from my box which was locked—I saw the prisoner afterwards in Wentworth-street, Whitechapel—I asked her where my clothes were and she gave me the duplicates of them—the lock of my box was picked.
GUILTY . Aged 35.— Confined Six Months.
1303. WILLIAM EDWARD WATERMAN and RICHARD REEVES were indicted for stealing, on the 3rd of May, 160lbs. weight of sugar, value 5l., the goods of John Dale ; and MARY RING for feloniously receiving the same well knowing it to have been stolen.
JAMES DALE . I am servant to John Dale, of Guildford-street, Borough—he is a carman. On the 3rd of May Mr. Tokely gave an order to get two hogsheads of sugar from the London Docks—I gave the order to the prisoner Waterman—in the course of business he would be able to get the sugar.
Cross-examined by MR. CHAMBERS. Q. Is he in your father's service? A. Yes.
MATTHEW WATKINS . I am delivery foreman at the London Docks. On the 3rd of May. I received the order for two hogheads of sugar—I delivered them to Waterman—No, "66," weighed 13cwt. 23lbs. and No. "67," was 13 1/2 cwt. 13lbs.
Cross-examined, Q. Did you put that down on Paper? A. Yes; it is here—it was made when I was subpoenaed at Worship-street, and this other was to refresh my memory before I came into court.
COURT, Q. You made an original document? A. Yes' that was delivered to the carman when he received the goods—that I am not in Possession of—this is a copy of it—when we deliver goods the order and the ✗ notes are returned to the carman—it was in the afternoon.
WILLIAM WARE , I live in King-street, Tower-hill. I am a headborough—on Tuesday, the 3rd of May. I was in Brick-lane, between four and five o'clock—I saw a cart with the name of Dale on it—there appeared to he two hogsheads of sugar in it; and at the tail was a bag about three parts full of what turned out to be sugar—the prisoner Reeves went to the tail of the cart, accompanied by Waterman—took the mouth of this bag over his left shoulder, and Waterman lifted it on his back; waterman then drove the cart on towards Spitalfields-church—Reeves went down Thrawl-street, and I followed him, with this bag of sugar on his back—he went into the private door of a coal-shed in Thrawl-street—I watched at the corner, and never lost sight of the house till a policeman, No. 118, came up—I told him what had happened, and he went after the cart—I watched the house for upwards of half an hour—during that time the female prisoner, Mary Ring, came and looked over the hatch of the door, three or four times at me; and likewise a girl that was in the shop came and looked at me—the policeman. No. 118, brought No. 40—I walked across the street to speak to him—the prisoner Reeves then came out of the shop, and ran down Thrawl-street—I called out, "That is the man, stop thief"—he followed him to the bottom—Evans and I returned to the house—the female prisoner refused to let the policeman enter, and wanted to know where his authority was—I said, "The man's coat is authority enough, go in"—she was like a termagant—we took her to the Spitalfields station, and left Birch in possession of the house—we then returned, got a truck, and took the sugar away—I went the next morning over to Mr. Dale's yard, and there I saw Waterman—I said, "This is the carman who was with your cart yesterday"—Dale desired me to go for a policeman—I said there was no occasion, I would take care of him—I took him, and in going along I said to waterman, "Was not you in Brick-lane, Spitalfields yesterday, with two hogsheads of sugar?"—he said he was—I said, "where did you bring that bag from, that that man had in the cart"—he said he was in Ratcliff Highway, and a man asked him to give him a lift—I told him it was very wring to take any thing from strangers, and said, "Where were you going with those two hogsheads of sugar?"—he said, to take them to Dock—I said, "Who to?"—he said, "Mr. Tokely, I will show you"—we walked down to Dock-head, and went to Mr. Tokely's shop—I saw Mr. Tokely's young man behind the counter—I asked if the young man brought two hogsheads of sugar there yesterday—he said yes, was any thing the matter?—I said, "Nothing particular, but weigh them;—think you will find them 1cwt. short."
Cross-examined by MR. CHAMBERS. Q. What are you? A. I am a pensioner from the East India House, but I have carried a constable's staff fourteen of fifteen years—I had no occasion to pull it out—if I had taken the man with the bag on his back, I should have lost the man and the sugar too—I did not lose sight of him till he entered the house—after he ran away I lost sight of him, but I swear it was him—I watched the house about half an hour, and then he came out, and then I lost sight of him—Waterman told me exactly where he took the sugar to, and he went with me, but I put something in his hands to prevent his running away.
Cross-examined by MR. DOANE. Q. You were busy watching this house? A. Yes—I would not swear it was sugar that was carried in, or that was in the hogsheads—I do not know whether the house was kept by a man named Ring and this woman—it was an open shop—Reeves took
this bag in at the side door, not the shop door, that Ring came out of—she and another looked at me—I did not take her for looking at me—all that she was doing at that time was looking at me, commonly called to✗ing—I was not in the house at all—I knew there was no retreat backwards.
DAVID EVANS (police-constable H 118.)I was on duty, when Ware came to me; I procured the assistance of my brother officer, and directly we came in sight of the house, I saw the prisoner Ring at the door of the shop—previous to our getting to the door Reeves ran out of the house—Ring had an opportunity of seeing us—I think he was near enough a hundred yards, and called"Stop thief"—I think he was near enough to her it—another officer pursued him—I then turned back, and attempted to enter the prisoner Ring's shop—she said I should not enter her place without a search-warrant, where was my authority—she had seen us running after Reeves—I unbolted the little bolt and got into the shop—she got me by my great coat and tore it, and said I should not go into her place—I was struggling with her till my brother officer came back—before I could get into the back room where the sugar was, and three empty bags, she said, "I did not steal it"—I had never said a word about the sugar—I then took her to the station-house—the three empty bags were under the table, and the sugar by the side of a table up against the door—there was a little girl there—she said, "My. mother did not steal it"—but I had said nothing about it—a little boy then said, "My mother has bought it and paid for it"—when she got to the station-house, she said thought it was corn.
Cross-examined by MR. CHAMBERS. Q. Is yours a good loud voice? A. Sometimes—the street was not very full, and not in an uproar—I heards Ware cry "Stop thief" by my side—my brother officer was before me—there were some other persons running.
Cross-examined by MR. DOANE. Q. When you went into Mrs. Ring's what she said was, "I did not steal it?" A. Yes—I went in as an officer—I pushed my way in, so that no one could doubt but that I came about some misdeed or another—I did not to in as if I wanted to buy something—we took her to the station-house, but she said, directly the sugar was laid hold of, "I did not steal it"—there are two lodgers I believe—I will not swear there are not four.
Cross-examined by MR. DOANE. Q. Will you swear that you heard the cry of"Stop thief?" A. Certainly—I was very deaf here the other day when you examined me—Reeves must have heard the cry of "stop thief."
THOMAS THURNELL . I live with Mr. Tokely. I received tow hogsheads of sugar—a portion appeared to be gone—the head of the cask did not appear to have been broken open—this sugar is exactly like that in the hogshead.
Cross-examined by MR. CHAMBERS. Q. Did you see the hole? A. Yes; any one could see it—it would not have taken hours to get that quantity out of the hole—I saw the hole before I came to weigh it—it was covered with tin—it is where they get the sample from.
Q. Does it ever happen that you have a full hogshead of sugar? A.
We have them weight. if not full—I do know that they pilfer a good deal at the docks—the sample is taken out after the cask is weighed at the landing gate—I have not seen sugar in sacks very often—I will not tell you what becomes of the samples—they are not all put together and earried in sacks.
COURT. Q. Was there a considerable portion of sugar deficient in one compared with the other? A. Yes; this in the note which waterman gave to Mr. Tokely—I was present; and that is the weight we are to pay the merchant for—1cwt. 2qrs. 21 Ibs. were deficient.
(William Courter, cabinet-maker, Thrawl-street; William Smith, baker, Brick-lane; Henry Lay, bricklayer, Thrawl-street; William Caslake, hutcher, Brick-lane, Whitechapel; William Duke, exciseman, Thrawl-street; James Crosley, Brick-lane; Stephen Watts, Brick-lane; Charles Vandersteen, hot-presser; Mary Hurly, Keat-street; and Catherine East, Flower and Dean-street; deposed to the the prisoner Ring's good character: and Sarah Harmer, Elizabeth-place, to that of Reeves'.
WATERMAN— GUILTY , Aged 19.
RING— GUILTY , Aged 41.
Transported for Seven Years.
REEVES— GUILTY , Aged 19.— Confined Nine Months.
ELIZABETH WHITFIELD . I am a widow, and live in Church-row. The prisoner was in my employ four weeks—I gave her two shillings a-week at the end of two weeds, to get some shoes—on the 16th, I missed half a sovereign out of my desk, and two half-crowns at other times—on the 25th, I said to "What did you say your name was, Mary!" she said "Sarah Bridges," or Bridger; and I said, "You have robbed me, you wholesale thief; are you not ashamed of yourself, you wretch!" she said, "Me, Ma'am!"—I said, "What have you done with my half sovereign, and two half-crowns?"she said, "They are in my box, locked up, up-stairs; forgive me, O, forgive me!" I will forgive you, as for as the law will allow; you wretch?"—she pretended to be sick, and I said, "Go into the yard"—she went into the passage, and ran away; I ran after her—she was brought back—the officer found a half-sovereigns and two half-crowns in her box, which I believe are mine.
Cross-examined by MR. CHAMBERS. Q. Where do you live? A. In Church-row—the key was left in the desk in the middle of the day—I put the money in on the Saturday, in a saucer—it had silver and gold in it—the three half-sovereigns laid on the top—the saucer was full, and my daughter carried it to the desk and locked it up—I generally keep my money myself-my business lies out of doors—we have dropped money in carrying it to the desk; but still it was my money—I will not swear whether I have dropped it or not; but if she picked it up, it is mine—it was not dropped, it is evident she stole it—she acknowledged it herself, the moment she was accused of it, she said, "For God's sake, forgive me."
JOSEPH HAMMOND (police-sergeant K 20.)I received the prisoner—she stated, she picked up the half-sovereign in her mistress's bed-room, that she threw it into the fire-place, it chinked, that she took and put it there again it remained there three days—she then took it and put it into her
box; and the half-crowns she found in her mistress's kitchen' and supposed they had been swept off the table.
(The prisoner received a good character; and Mr. John Reeve, an publican, of Webb-square, Shoreditch, engaged to take her into his service.)
GUILTY , Aged 28.—Recommended to Mercy.— Confined One Month.
The prosecutor did not appear
NOT GUILTY .
OLD COURT,—Tuesday, May 17th, 1836.
Second Jury, before Mr. Sergeant Arabin.
MICHAEL CRANEY . I am a seaman, belonging to the ship Mary. On the 3rd of May, I was paid my wages—I cannot exactly say how much I got—I do not know whether I had a £10 or a £5 note—I can read a little, but cannot write—I put the note into my pocket at Mr. Borradaile's office—I lodged and boarded with Steward—I had a purse in my pocket—I left Borradaile's office, and came with Mr. Moses and Mrs. Steward into Farmer-street—I took the money out of my pocket when I came out of Borradaile's office—I had two bills in my pocket—I wrapped the note up in one of them, put it into my trowser-pocket, and kept my hand upon it from the time I left Borradaile's office, until I got home to Mrs. Steward's—the prisoner came in with me, and asked me if I had any money—I had had some clothes of the prisoner before that—when he asked me if I had any money, I told him, "Yes"—he said, "Well, I want some"—I said "Hold on for a few moments, till Steward and Johnson come;" and I was looking out of the window—(Johnson is my shipmate)—I took my hand out of my pocket and laid it on the table—my money was safe in my pocket then—the prisoner said, "Well, I want some money, and shall have it now;" he put his hand into my pocket, and took out my papers and note and all—I had not paid him for all the clothes I had had of him.
Cross-examined by MR. PHILLIPS. Q. How long have you known him? A. About seven weeks—he did not supply me with clothes on credit to the amount of 16l. that I know of—I know I paid him for clothes which I had of him—I do not know how much I owe him, for I had no account—I cannot swear how much I owed him—he asked me for some money—I did not refuse to pay him—I paid him 5l.—not at that time—I had my wages at that time—he took the money before I had time to give him any—I did not say that I had not got my wages—I did not tell him I had not been paid my wages.
Q. Did you make use of the expression, "May all the boards in the floor jump up and knock my b—brains out, if I have had my wages I only got 12s. from my shipmate; 2s. 6d. I gave Mrs. Steward, and 10s. I lost?" A. No, I did not—nothing of the sort—I said, I had not got the whole of my wages at that time, no more I had—I do not swear I did not tell him, I had not received my wages—Mrs. Steward sent for a policeman—I desired him to be sent for too—I do not know whether Moses desired one to be sent for—I sent the servant-woman belonging to the house—I do not know her name—Mrs. Steward heard me send for the
policeman—I do not know whether the prisoner desired one to he sent for or not—I cannot swear he did not—I do not know that he did—I do not know whether it was a £10 or a £5 note that I lose—I cannot my I was sober, but I was quite sensible—Mr. Borradaile paid me the money. I said, at first, it was a £5 note, but I never looked at the money I got from Mr. Borradaile—I swear it was a £10 note I lost, and Mr. Borradaile told me it was a £10 note—I said so at the police-office—I did not swear it was a £5 note—I swore I did not know which it was—the prisoner offered to be searched, and to did I—I told the policeman I had no money about me, but a penny—he searched me, and found a sovereign and a half on me—I did not know I had it about me, till it was found.
COURT. Q. Had you received more than one note? A. I had not, and that was from Mr. Borradaile—I cannot exactly tell the amount which I received in all.
ELIZABETH FIELDER . I was at Mrs. Steward's, and the prosecutor was there—Mrs. Steward went out, and the prosecutor, and me, and Moses, remained there—while the prosecutor was standing up, Moses put his hand into his pocket and took out three papers, but what they were I cannot say—Moses went out afterwards, and came in again in about ten minutes, with Mrs. Steward, and then the policeman was sent for—my husband is a shipwright.
JOHN NICHOLAS . I am a policeman. A man, named Underwood, came to me, and said, Mr. Moses wanted me, in Farmer-street—I went to Steward's and found Moses, the prosecutor, Mrs. Steward, and a sailor, there—when I got into the room Moses said, "This man charges me with robbing him of a £5 note"—I asked the prosecutor, if he persisted in charging Moses with robbing him—he said, "Yes"—I asked him how much money he had about him—he said he had but one b—penny—I asked him if he would allow me to search him—he said, "Yes"—and in his jacket, between the lining and the cloth, I found a half-sovereign, and in his watch fob, a sovereign; in his waistcoat pocket, one penny, and in his right hand trowsers pocket, two or three papers—I asked him again if he persisted in charging Moses with robbing him of a £5 note—he said "Yes"—I took Moses to the station-house, searched him, but found no note on him; and the prosecutor then said, he did not know whether it was a £5or a £10 note.
MR. PHILLIPS called—
JOHN UNDERWOOD . I was at Steward's house, on the day in question—I remember the prisoner asking the prosecutor to pay him the debt he owed him—the prosecutor said he was not paid—Moses said, "I hope you will pay me to-morrow, as you appoint when you are paid, for I have had a deal of trouble"—Moses then left the house with me—we returned with Mrs. Steward and a young woman—I saw he prosecutor and prisoner in a room together afterwards—when we returned. Mrs. Steward said, "What is the use of your telling so many stories? you know you are paid; why do you deny it?"—he said, "I am not paid; may the boards jump up and beat my d—brains out, if I have received any money to-day"—I am certain he said that—he said, "Except 12s. 6d. I received from my shipmates; 2s. 6d. I gave you, and half a sovereign I lost in a fray in the "City"—I have no doubt Mrs. Steward heard that—Moses said, "I will take.
Mrs. Steward's word in preference to yours, and I think you are a bad man; you don't mean to pay me; if you don't mean to pay me, return me the clothes which you have on your back, and also give me the duplicate of those you have in pledge"—the prosecutor put his hand into his pocket, pulled out some papers and put on the corner of the table, and pulled one shoulder of his jacket off, as if going to return the clothes—he then in an instant put his shoulder in, took the papers and threw them into the fire, and said, "I will see you d----d first"—Moses called him a vagabond, and said, "What do you mean?"—he said, "What do I mean? I mean you have robbed me of my note"—Mr. and Mrs. Steward were both in the room—he said, "I had a £5 note wrapped in one of these doctor's papers"—Moses said, "You rascal; what do you mean by that? you shall not get clear of the debt you owe me, by that accusation, "and Moses requested Mrs. Steward to sent for a policeman—the servant went, as she was desired, and being gone about two minutes, Moses and Mrs. Steward requested me to go for one, as the girl did not return—I went, and brought two policemen—the witness, Nicholas, was one—I did not hear what was said to the policemen—Moses was standing in the spot where I left him, in the further corner of the room—he had not left the room one foot, after being charged with stealing the note—I was gone two or three minutes for the policeman.
NOT GUILTY .
Before Mr. Recorder.
1307. JAMES JACKSON was indicted for stealing. on the 8th of April, 1 plane, value 1s.; 1 chesel, value 6s.; and 1 rule, value 2s.; the goods of John Jeffs ; and WILLIAM PARKHURST for feloniously receiving the same, well knowing them to have been stolen.
JOHN JEFFS , I am a broker and carpenter, and live in Odell's-place, Little Chelsea, near the Fulham-road, I gave known Jackson about six months—his wife lodged in my house, and he was there when he was out of place, which was most of his time—I missed a plane, a chisel, and rule, from the house—I had used them that morning before breakfast—I missed them about eight o'clock, on the 8th of April—I heard footsteps while I was at breakfast, going down to where they were kept, but the back Kitchen was near it, and I did not know but the lodger was going down there—I was pretty sure it was the prisoner's step, being used to it—I went down in less than half an hour and missed my tools—Simpkin brought me the plane on the 17th of April, and Eagle produced a rule and chisel at the same time—Parkhurst was with them, and he said those things Jackson had given him—that he went with Jackson to pawn them and they would not take them in, and that Jackson gave them to him to sell, and he had sold the plane to Simpkin, and the rule and chisel to Eagle—I told Jackson afterwards what they said, and that I knew he had stolen the things—he said he had not, and called, me every thing, that was bad, and Stripped to fight me.
THOMAS SIMPKIN . I am a carpenter, and live in Bowling-green-row, Little Chelsea, I went to the King's Arms, Fulham-road, on Saturday, the 8th of April, and met Parkhurst there—he asked me if I would buy a plane of him—I said, "What do you want for it?"—he said I should have it for a pint of beer—when I saw the plane I called for a pint of beer, and
he and I drank it—the plane was not worth a farthing, but, having known him for many years, I gave him the beer—I did not have it in my possession till a week afterwards—Jackson came towards us in the room, and wanted to drink the beer—I said he should not, being a boy—Parkhurst said, "Let him drink"—I said, "No, I would rather give him a penny than that he should drink with me"—I gave him a penny, but I had no knowledge that he had any thing to do with the plane—in consequence of what Eagle said on the Saturday night, I went to the prosecutor, having reason then to believe the things were stolen—Eagle produced the other things—we went to Parkhurst's father and found him, and asked him to go with us, which he did very willingly, to clear the case up—he said he sold them for the boy, knowing he was in distress, and not supposing them to be stolen; that the boy said they had been his father's tools, and he was in distress, and had lost his father—I produced the property to the prosecutor, but did not give it up—I said I would give it up when I received the 3d.,—the policeman came afterwards. and said, "I have called about the plane"—I said, "There it lies on the table"—and he took it away—I never saw the property in Jackson's hands—we went and took Parkhurst.
ISAAC EAGLE . I am a blacksmith, and live in Chelsea. On the 8th of April I was at the King's Arms—Parkhurst asked me to buy a rule and chisel—I asked what he wanted for them—he said, 1s—I gave him 9d. for them—when I heard they were stolen I took them to Mr. Jeff, and he told us to keep the things till he came for them—I have them here—I never saw them in Jackson's hands.
GEORGE FROUD (police-constable V 4.)In consequence of the prosecutor's information, I went to Eagle and Simpkin and got possession of the tools—I afterwards took Parkhurst in charge—he said he had the tools from Jackson, to sell for him—that he had sold them, and kept the money himself—Jackson was not present.
TIMOTHY WELLS (police-constable V 83.) I went and took Jackson—I found him in the hands of Eagle—I took him to the station—house, and questioned him about stealing the property—he at first denied it, and afterwards said Parkhurst sent him to steal the property, and he had taken them, and given them to him.
(Property produced and sworn to.)
Jackson's Defence. He sent me in after the things, and said he wanted to do a glass with them, and would return them again; and in the evening he said he had sold them—after that he wanted me to go and take my clothes out—I have only come from the country six weeks.
Parkhurst's Defence. When Jackson brought me the things I was at the King's Arms—he came to the window, knocked, and said, "I want you"—I said, "Come in"—he said, "I want to speak to you very particularly outside"—I went out with him—he said, "I have got a rule, chisel, and plane, I want to pawn them"—I said, "They won't take them in pawn"—he said, "Yes, there is a shop down by the water side where they take carpenter's tools, will you go with me?"—I said, "No, "and went into the public-house again—he followed me in, and said, "You are going to show me where Captain Fitsgerald lives"—(where he was going after a place)—I went with him—he said, "You will go down to the water side with me"—I did, and he wanted me to take the things to pawn, but I would not—he was in there a quarter on an hour, and came out with the things, and just before we got to the old church he said, "If you will take them to Mr. Stancomb's at Chelses, I don't want him to know they are mine"—I said I would, and I took them and laid them on the tap-room table—he came
in, and said, "If you will sell them I will give you half the money, or something to drink"—I said, "If you will give me a drop of beer I dare say I can sell them"—I sold the rule and chisel to Eagle, and the plane to Simpkin.
(The prisoners received a good character.)
---- BROOKS. I am a market-gardener, and live at Chelsea. I have known Jackson sixteen years—I believe he has been drawn into this—it was six weeks before the prosecutor attempted to take them up, but his mother lodges with the prosecutor—she took him in doors to prevent his laying in the streets, and the prosecutor acknowledged, at Queen-square. that had not she done so, he would not have prosecuted him.
JOHN JEFFS re-examined. I never said I prosecuted him because his mother let him into the house—his mother promised not to let him in; but I found, two or three nights after we were in bed, she did so—I did not prosecute him at first, because I wanted to find more things which I lost.
JACKSON— GUILTY . Aged 16.— Confined Three Months.
PARKHURST— GUILTY . Aged 22.—Recommended to mercy.
Confined Six Months.
JOSEPH PEATE . I am a boot and shoe-maker, The prisoner was in my employ nearly sixteen months as a clicker—he came to me is Septemnber 1834, and had 28s. a week, to cut out shoes—he was an in-door servant—on the 12th of January he left my house (looking at the shoes)—these are my manufacture—I cannot say they have not been sold—they are new—the prisoner never bought them—they are stamped with my initials.
Cross-examined by MR. CHAMBERS. Q. Are they made in your shop? A. They are cut out in my ship, and manufactured by-men—I give them out to be made—the stamp is put at the time the soles are cut—we cut eight or ten dozen soles at times, and stamp them pair by pair—it is not at all likely that the workmen change the soles and put them on other pairs—I cannot swear these ever came in my shop as shoes—I made this charge against the prisoner last Thursday week—his father did not owe me any money—the prisoner had absconded—I did not know where he was—we made every effort to get him—I first knew about the shoes on the 12th of January, the day he left—he was in service in Gracechurch-street when he was apprehended—when he left, his father came to my house to see mee and the subject was talked over—he expressed his regret—I said that his son owed me nearly 3l.—it was not proposed that the father should pay the debt of 3l.—I do not recollect any thing being said about not pressing the prosecution if the 3l. was paid—the pawnbroker brought the shoes—I did not refuse to take the shoes, because the 3l. was not paid—I do not recollect saying."I must have the debt paid"—the pawnbroker brought the shoes to me, and I refused them, but not on account of the 3l.
JOHN HORE . I am shopman to Mr. Carpenter. a pawnbroker, in Charles-street, St. George's Middlesex. On the 12th of January the prisoner brought a pair of woman's shoes to the shop—these are them—he wanted to pawn them—I told him I must stop them, having heard they were the property of Mr. Peate—he said nothing at the time—my master came in and I gave them to him, and the prisoner went away—my master went out at the
door, but what passed outside I do not know—I do not know whether master went up to speak to him—he went to Mr. Peate—I afterwards delivered the shoes to Charlton.
Prisoner's Defence, The boots are my own—there was an agreement between the prosecutor and me, that what customers I had of my own I was to bring to his shop, and he would allow me a percentage, or divide the profits—it was done in many instances—the boots in question I had from Mr. Peate for myself—he paid me very irregularly, and my wife being confined, and having several other demands at the time, I was compelled to sell them—it was me who cut the boots out, and put the mark on them—I was his foreman, and to give the work out—he said if I had any customers, he would allow me to make shoes of his leather and allow me part of the profit, and these goods were my own—if I wanted to rob him I could have left the mark out—I wanted 2l. 16s. from him, for goods—when I first went into his service, he gave me 26s. a week and afterwards advanced it to 28s., but never paid me above 10s. or 12s. at a time—I used to bring an order for shoes and boots, and he would give me part of the money we—used to have on account between us.
JOSEPH PEATE re-examined. he never went from my house on the Saturday till he received his wages, they were regularly paid—and as to his station that I gave him the privilege of using my leather to make shoes for his customers, it is false—on my oath, I never allowed him any thing for disposing of shoes as he pleased—he owes me 2l. 15s.—it is principally borrowed money, if not the whole of it—he certainly asked me if he had a customer, would I allow him to sell shoes—he was not allowed to keep them, and dispose of them for his own use—it was a kind of favour—if he had shoes of me, it was a debt, certainly—the rest of the money may be due for shoes.
COURT, Q. If he found a customer to sell to. had he permission as partner with you, to share the profits, or have a per centage? A. No—he was not allowed to sell shoes without letting me know of it—I made no arrangement with him—all he did was as my servant—I might charge him less than a customer—I paid him the whole of his wages at the time he was there—I never paid him in materials—when he took a pair of shoes, I left it to him to charge what he thought proper—he had no sanction from me to treat it as his own property—if he did not sell it he had no permission to carry it to the pawnbroker—he would have to pay the price of them if they had not been brought back—he had no right to take as many pair as he thought fit—if he had a friend he wanted shoes for, he might say, "Sir, will you allow me to have a pair of shoes for a friend of mine?"—he had no authority to take shoes from the shop without telling me—if he found a customer, I should allow him to sell them, and account to me, but not to deal with them as his own—he did not sell shoes away from the shop on my account—not without my approbation of his taking them first—he has rendered me an account of goods sold out of my shop, but never without having obtained my permission—it is likely part of the debt might have occurred that way—I never allowed him to take goods from the shop without telling me of it, or entering it in a book—he never made any communication to me on the subject of these shoes—I never
authorized him to pawn any of my property—I have not got the account between the prisoner and myself here.
NOT GUILTY .
Cross-examined by MR. CHAMBERS. Q. Was that the first time you saw him? A. Yes—I am quite sure it was him—he might have been five minutes in the shop—I took notice of him—I cannot describe any thing very particular in his appearance, but I thought he was a shoemaker, for sometimes they pawn their master's work, and take it out again, which makes us particular in writing their tickets—my impression is that he is the same—I may be mistaken—when shoe-makers come to pawn shoes, we have thought they might belong to a master, and we take one pair, but they bring another pair, we will have nothing to do with them—that made me observe the prisoner—I did not express a doubt about him before—I said, "I have no doubt of him."
ERASMUS CHARLTON . I am a policeman, Mr. Peate spoke to me respecting the prisoner on the 19th of December, and I went to Carpenter's the pawnbroker's, and saw a pair of boots—I took one to Mr. Peate, and he instructed me to go to pawnbrokers to look for property—I apprehended the prisoner in consequence of what occurred in January.
Cross-examined. Q. It was after Janyary Mr. Peate spoke to you? A. No, on the 19th of December, and on the 12th of January the prisoner absconded—I had been round to the pawnbrokers before that.
JOSEPH PEATE . I know these boots—I believe they are my property—they are not my own manufacture—I bought six pairs on the 6th of December, which had no particular mark except the size on the toe—I have no private mark on these—these-there is nothing by which I can identify them.
Cross-examined. Q. Where is the other pair, I thought there were six? A. One pair has been sold—I marked them all with the same figure—the other four pairs have been sold—on the 19th of December I was sent to watch the prisoner, and watched him into the pawnbroker's shop—he came out of there, and went home—I came home and told mistress, and she went with me to Carpenter's, and found him tying the ticket on the boots—I took them in my hands, and knew my mark on them—Mr. Peate was very ill at the time, and I told Mrs. Peate—the prisoner continue to work at the shop after that, till the 12th of January.
JOSEPH PEATE re-examined. I was ill the time this happened, and was not allowed to leave my room—I did not recover till the latter end of January, and on 12th finding another pair taken, I prosecuted,
Cross-examined. Q. Do you mean to say you had heard he had been to the pawnbroker's on the 19th of December? A. Yes I do, but I was placed in very great difficulties—I should not think him entitles to take shoes if he accounted to me for the money—I allow I did wrong in
keeping him, but I was so situated, and so extremely ill that I could not attend to business, and did not proceed at the time—I did not call on him to account for the money.
COURT, Q. Did you mean to take any notice of the transaction of the 19th of December, if you had not reason to believe it was repeated? A. I should have allowed him to remain in my employment—I meant to see into it as soon as I was able.
JURY, Q. Your business could not be carried on without him? A. No, it would have been at a stand still.
NOT GUILTY .
1310. RICHARD MORAN was indicted for stealing, on the 2nd of April, 112lbs. weight of currants, value 3l. 5s.; and 1 bag, value 6d.; the goods of John Healey Booth and others, his masters; and CHARLES HARROD for feloniously receiving the same, well knowing them to be stolen; against the statute, &c.
JOHN WARNER . I was carman to Messrs. Booth, Ingkedew, and Co., wholesale grocers, for five years, The prisoner Moran was in their service eight or nine months, I think, as porter—after being in their service some time, he made some proposals to me—on Saturday, the 2nd of April. I had been out with my cart all day, delivering goods for my masters; I returned to the stable, and loaded the last I dad out between seven and eight o'clock at night—I then saw Moran—he gave me a a bag of currants, which he took out of the cellar—he said nothing—I put them in the cart—I knew what to do with them, because he had told me before, when he first came—the first time I had any conversation with him about it was three weeks or a month after he came there—he had told me. that when he gave me any thing I was to take it to Harrod—I took things there very often—I took the bag I received on the 2nd of April to Harrod, it was between eight and nine o'clock in the evening, I think—I had a load to go out with, and went and delivered my goods in the cart, and then went to Harrod's with the bag of currants—Harrod was there at the time—I took them out, I put them down in the shop, and said, "I believe that is all I have for you"—he said, "Very well, "or something of that kind—I turned out of the shop, and went home—I did not take any bill or memorandum—I did not receive any money from Harrod—nothing was said about the price—I saw Moran again next morning (Sunday), about ten o'clock—he came to my house, and he said he had been and got the money—I do not think he said how much—he gave me some money—I do not know how much, as there was something between us; but I think it was a sovereign or half a sovereign—I cannot tell—he had told me that Harrod would give 45s. for a cwt. of currants—I cannot tell when he told me so—it was when we were in conversation together—we were to have even proportions—there was some money between us—I think he owed me some.
Cross-examined by MR. PHILLIPS. Q. Of course you are telling the truth now? A. Yes—I cannot say how much money I got—it might have been gold or silver—I was in custody a fortnight or three weeks after I think—it was a month last Saturday—I cannot say whether I was taken the next day, or whether I was in custody within three days of the occurrence—I had a letter sent to my master—I have not been spoken to about the evidence I was to give—it is of my own free will—I sweat that, and for the sake of justice—I get nothing by it—I expect to save myself, that is all, and I hope I shall—I know nothing about the officer speaking to my wife.
to get me to give evidence to convict Harrod—I never heard it from her—I have not spoken to the officers, Fogg and Luton, about my evidence.
COURT. Q. How did you know the bag contained currants? A. I was very well aware of it—I have handled many of them—it came from a place where currants are kept—I did not see it open—we do not deal in coffee.
JOHN PRESTON , I am one of the mangers of the firm of John Healey Booth and two others, wholesale grocers, in Upper Thames-street—our stables are in Princes-street, close by Harrod's premises—our people, going to put up the horses at night have to go near his shop—Moran was in the employ of the firm in April as porter, and had been so seven or eight months—we have a cellar where goods are kept—in April we had a stock of currants in bags, weighing 1cwt. each—they were kept close to the loop hole door in the cellar, close to where the cart loads—Moran had to it business in the cellar when the last load was taken out—he had access to it as porter—it was part of his duty to assist in loading the cart—we had a man named George in our employ who was taken ill, and left, shortly after Moran came—he was a porter also—I heard nothing of this till I received a communication from the officers of the Thomas police—Warner and Moran were then both taken into custody, and sent to Giltspur-street prison on the 16th; and at six o'clock on Monday morning, the 18th, I received this letter from Giltspur-street, in consequence of which I went there and saw Moran—I showed him the letter, and stated its contents—he said he did not write it, nor was he the means of sending it—I asked him if it was his confession, and he said, "No"—in the course of conversation, I told him we had been robbed for a length of time—he said, he partly knew that George, who had lived there, had carried on a robbery for some time; and that he was coming from his work one evening, and a strange man, in the street tapped him on the shoulder, and took him into a public-house—they had some beer together, and he said that they could do some business together; and that George had often done business with the man; and he had thrown goods out of the loop-hole, and the man had taken them away—I afterwards saw Warner, and showed him the letter—we missed 1cwt. of currants, as soon as were apprised of the loss, on Tuesday, the 5th of April—we had taken stock on the 2nd.
Cross-examined. Q. How many persons have you in your warehouse? A. Five porters—I was at home on the 5th—between on 2nd and 5th was sold 7cwt. of currants—there was 23cwt. in the stock on the Saturday: and instead of 16cwt. remaining there were only 15cwt.—Warner has been about five years in our service—we sometimes mark our bags, and sometimes not—I should not know them all—some are marked"O," and some "P"—we do not mark them at all, except to distinguish what currants are in them.
MR. BODKIN. Q. Are they put into bags in this country or abroad? A. Here—the bags are returned to us.
OLIVER BECKET . I am in the employ of Booth and Co, it is my duty to see to the delivery of goods, and that they are properly put up—I know what goods are sent out to customers—I do not know Harrod—he has not been a customer of ours—I sent out a sack of currants on the 2nd of April, but no bag—I sent none to Harrod.
Cross-examined. Q. How long have you been in the employ? A. About two months—I have never sent out goods without taking an account of
them—we deal in sugar and spices, and several things—a great part of the bags are marked, so that the house would know them—it is a private mark, to know the difference of the quality of the fruit—we have "P" on one kind of bag, and "o"on the other.
JAMES CHRISTOPHER EVANS . I am an officer of the Thames-police. In consequence of information, my attention was directed to the shop of Harrod, in Rosemary-lane—I had been watching the shop several evenings before the 2nd of April, and was there on the 2nd of April, about nine o'clock with Luton—I saw Messrs, Booth's cart come along Rosemary-lane—the name of the firm was painted on the front and on the side—it was a large open cart, with a loose tilt, over hoops—it hung down—warner was driving it—it stopped at Harrod's door—I saw warner to round the cart, and lift up the tilt at the corner nearest to Harrod's door—he took a bag under his left arm, and carried it into Harrod's shop—this was about a quarter past nine o'clock in the evening, it was quite dark—the place was lighted with gas, and there were lights in the shop—he took it to the back part of the shop and pitched it on the floor opposite the front door—Harrod was behind the counter—I stood close to the door—it was a currant bag sewed at the end, with two ears, one at each corner—Harrod a is a grocer's shop—I have since seen some currant bags at the prosecutor's—the one I saw that night exactly corresponded with them—I gave Luton some directions and he went into the shop—I waited till he come out—he went in immediately after Warner had pitched the bag from his shoulder—warner drove the cart away—I kept my eye on the door to see that nothing was brought out, and I am quite sure nothing was brought out—when I looked in again the hag was gone—I saw no money pass between Harrod and Warner—I saw him look towards him as if he said something and saw Harrod nod his bend, but I could not hear what was said—no hill or any thing was given to Harrod—Moran and Warner were taken into custody on Saturday night, the 16th of April, but not by us—I was not at the Mansion-house at the first examination—I was on the Wednesday—I went to Harrod's house and was watching there for a whole week after Moran was in custody without effect—we did not take them into custody at first, as we wanted to know if Harrod had any dealings with the prosecutor—I was endeavouring to find Harrod till the Friday week—on Tuesday, the 19th if April, I went and searched Harrod's house—he was not there then—I went on the 20th of April again and he was not at home—watched his place off and on till the 27th of April, and that day Warner and Moran were discharged from the Mansion-house—I had not been able to find Harrod at all at his usual place before they were discharged.
Cross-examined. Q. Whether he was in the country on business you cannot tell? A. No—we had had some little private information—some hint that something wrong was going on, but we were not directed to watch the house before the 2nd of April—I had said nothing to the prosecutor about that house before I went to watch it—I suspected all was not right, and that somebody in Booth's employ was doing something wrong there—I would have taken warner and Harrod into custody if I had been certain of the case—on Tuesday, the 19th of April, the prosecutor applied for a search-warrant and we were obliged to execute it—I knew it was no use—I know some bags were brought away to the prosecutors' warehouse for the clerks to examine the marks from his books, but they did not belong to them.
MR. BODKIN. Q. You waited there in consequence of private information?
A. Yes—the prosecutor got a search-warrant from the Thames-police-office—that is the reason Harrod's premises were searched—the parties were apprehend without our knowledge in the City.
HENRY LUTON . I am an officer of the Thames-police, I was in company with Evans on the evening of the 2nd of April near the prisoner Harrod's house in Rosemary-lane—I saw the prosecutor's cart coming along—I went round the back of the cart and saw a bag partly covered over with the tilt—the cart then went on and stopped at Harrod's door and Warner took the bag under his left arm and went into Harrod's shop—I went into the shop and bought some tea in order to hear the conversation—Warner was coming out and said to Harrod"This is all I have got for you to-night"—Harrod replied"That will do"—I saw no money given for it nor any bill of parcels delivered, nor any book produced to be signed—he walked in, dropped it on the left-hand side, and came out—I observed the bag and should suppose it to be about 1cwt. by the fall of it—I am in the habit of portering, and am a judge of weight—I have seen some bags of the same kind since the prosecutors' warehouse, and I can swear it was the same kind of bag.
Cross-examined. Q. Was the bag down in the middle of the shop? A. No—down on the counter on the right-hand side, at the far end of the shop—it was gas-light—I saw Warner go in with the bag and followed him in—as he came out he met me in the face—I was dressed as I am now—this is not my Thames-police jacket—Warner must have seen I was observing him—there was nothing to prevent my seeing him.
MR. BODKIN. Q. There was nothing to show you were an officer? A. No.
JAMES FOGG . I am a Thames police-officer. I received information about March of April, which induced me to pay attention to Harrod's shop in Rosemary-lane—I had seen the prosecutor's cart stop at Harrod's shop on one occasion, before the 2nd of April—Moran was not there at that time—I have seen Moran inside the shop, and Warner outside at the same time, several times—and Harrod was at home at those times, talking to Moran—I once saw the cart stop there, the shop was full of customers-Warner went into the shop on that occasion—I went behind the cart, lifted the tilt up, and felt a bag under the tilt—Moran was not there—Warner said something to Harrod, and then came out and drove his cart away without leaving any thing there—that was three or four days before the 2nd of April—in consequence of what I heard, I took Harrod into custody on the 2nd of May—I had been endeavouring to find him before that, and searched his house on the 19th of April—he was not at home, and I had been watching ever since at his house night and day, and could not find him—after the discharge of Warner and Moran, I went again to his house, and then found him at home—I said, "Mr. Harrod, you must go with me"—he said, "Step into the parlour, mr. Fogg"—the parlour joins the shop—he said, "What is it for?" I suppose you heard that we searched your house the other day?"—he said, "Yes—I said, "Messrs. Booth and Ingledew have been robbed to a great extent, by their carman and warehouseman, of pepper, currants, and many things, and you have been receiving them"—he said, "Oh, consider my wife and family, what am I to do"?come up-stairs and see my wife, she is in bed"—I said, "You may go up and see your wife, but I cannot assist you, you must to with me"—when he got up-stairs he said, "Oh, what am I to do? can't you settle this thing?"—I said, "No"—he said, "Such
things have been done, I know, and I will give you 20l. if you will let me run out of the house, and I will never be seen in the neighbourhood any more, or any thing you require"—I said, "No; you must go with me to of office"—he said, "If I must, I must, "and I took him there
Cross-examined. Q. You have taken a great deal of trouble in the business? A. I have—it is not my business to get up the case—I have taken no trouble in getting witnesses—I swear that—I know Warner's wife—I have had no particular conversation with her, since her husband was taken into custody—she was talking about the things at the office—I did not ask her to induce her husband to become a witness—not at the office, or any where.
Q. Have you ever said any thing of this kind to her, "If you don't prevail on your husband to confess, I will make a convict of him?" A. Never—Warner was kept in the officer's's room, where there were twenty officers going in and out—I was in that room twenty times—I did not go in with her—she was there, sitting with her husband—I might have gone in at the same time as her.
MR. BODKIN. Q. How long have been an officer? A. Twenty years.
COURT to JOHN PRESTON. Q. You have described the cellar, was there any thing to prevent Warner helping him self to the bag of currants? A. He could not have done it—the cellar-door was bolted. and we never allow the carman on the premises—their business is to mind the horse and cart—the porters are at liberty to go all over the premises—it must be somebody connected with the premises to enable the carmen to get this—I had been on the watch for a fortnight, in a water-closet, with a hole to it, at the time we had the suspicion—Moran came to the place where I was concealed, when he was loading the cart, to see if any body was on the watch, and he found me there and went away without doing any thing—Moran's duty was to load the cart, and he was alone—that duty is common to all the porters—he was the only porter at home on this occasion—there were two porters at home. but one was at the crane, at the top of the house—Moran, in the common course of his duty would be there—the carman could not have got the currants himself.
Moran. Q. you recollect watching me, you came up-stairs and asked me the reason why I should come to the water-closet? A. No—I asked you at the Compter—you put your hand there, to see if any body was in the water-closet, but you did nothing—I sent you down to hook on the barrels on the 19th.
Moran. Q. You came to the Compter, and showed me the letter, but would not give it me to read—I said I never authorized any body to write, and you told me you finished taking stock on the 2nd of April, and missed currants—I said I knew nothing about it? A. Yes; I dont recollect you saying you were surprised the water-closet door was shut, and begged pardon for opening it—you made some explanation about coming there when your was at the Compter—you were not sent out by us on the 2nd of April—you did not request me to bring a man to the Thomes police-office as a witness—you never told me to bring Mr. Steel forward to prove where you were on the 2nd of April. or I should have been very happy to have done so.
COURT. Q. Can you take on yourself to say, he would, in the course of his duty, be the only person to assist in loading the cart. on the 2nd of April? A. He would be the only person—it was not my duty to see the cart loaded.
OLIVER BECKET re-examined. Moran and a man named John, were employed to load the cart, on the 2nd of April—John was at the crane at the top of the warehouse, and Moran at the cart—I stood by at the time the cart was loaded with two hogsheads of sugar—when the sugar was put in, I went away—I recollect Moran being there when the sugar was put in—it was the last load the cart took out that night.
Cross-examined. Q. There was nothing to prevent your seeing the cart go away? A. No—the carman had to come to me to settle, and he did come to settle with me—I might have gone back with him, and have seen what was in the cart, if I chose—I did not know the currants were put into the cart—Moran went towards the cellar, and would be able to hand any thing out to the cart, as it stood just over the loop-hole of the cellar—he could go into the cellar, open the door, and put the currants up—I was on the first floor, over the cellar—Warner could not do it without assistance from within—there are steps to get into the cellar.
Q. Then was there any impossibility in Warner's going down to the cellar himself, putting the sack on his back, and walking up the steps with it? A. Yes—because Warner was outside and Moran was inside, and the cellar door cannot be opened outside—you cannot get into the cellar, without going into the warehouse—Warner could not have gone to the cellar without my seeing him—I would swear he did not go into the cellar—I saw Moran going towards the cellar.
Moran's Defence. I am quite innocent.
GEORGE SELWOOD . I am a confectioner, and live at No. 180 Tooley-Street, I have been there a little better than two—was at the Thames police-office, on Saturday, the 7th of May, and saw Fogg there, and the wife of the witness, Warner—I heard Fogg say to her, "If you don't prevail or persuade your husband to confess, I will make a convict of him"—I have not been in court to hear the evidence—I went out when first it came on—