CENTRAL CRIMINAL COURT
NINTH SESSION, HELD JULY 4, 1836.
MINUTES OF EVIDENCE,
Taken in Short-hand,
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 John Vaughan, Knt., one of the Justice of His Majesty's Court of Common Pleas; Sir John Bernard Bosanquet, Knt., one of His Majesty's Justices of the Court of Common Pleas; Samuel Birch, Esq.; Sir William Heygate, Bart.; Matthias Prime Lucas, Esq.; and William Thompson, Esq., Samuel Wilson, Esq.; James Harmer, Esq; and Thomas Wood, Esq.; Aldermen of the said City of London; John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; His Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL, CRIMINAL COURT.
COPELAND, MAYOR. NINTH SESSION.
A star (*) denotes that the prisoner has been previously in custody—An obelisk (†), that the prisoner is known to be the associate of bad characters.
Third Jury, before Mr. Common Sergeant.
1635. HENRY WILLIAMS was indicted for stealing, on the 13th of June, at St. Mary, Islington, 33 spoons, value 11l. 2 ladles, value 1l. 16s. 1 butter-knife, value 10s. 1 cream-jug, value 2l. 10s. 6 froks, value 2l. 1 neck-chain, value 2l. 3 thimbles, value 3s. 1 scent-box, value 2s. and 1 pencil-case, value 1s. the goods of Arabella Anna Mann and another, in the dwelling-house of the said Arabella Anna Mann; and that he afterwards, about the hour of three in the night of the same day, buglariously did break out of the said dwelling-house.
SARAH COLES . I am servant to Miss Arabella Anna Mann, who keeps a ladies' boarding-school. in Barnsbury-park, in the parish of St. Mary, Islington. About half-past three o'clock in the morning of the 13th of June I was called up by a policeman, and found the street-door wide open—Mr. Mann had fastened it himself the night before, but not in my presence—the back-door was open the evening before, till about eight o'clock—any body could have got in till about nine o'clock—it was on the latch until nine o'clock—there were no marks of force on any of the doors—I have seen the articles produced, which are stated in the indictment—(looking at them) these are all the property of my mistress—I saw them all safe at eleven o'clock the night before—the chief of them were in the kitchen, and the rest in the school-room.
EDWARD KIRBY DARLINGSON . I am a policeman. I live in Castle-street, Holborn—I was on duty at eight o'clock in the morning of the 13th, and at half-past eight o'clock saw the prisoner in Petticoat-lane—I saw something bulky in his bosom—I took him into a court and asked what he had about him—he said it was his own—I examined him, and found this silver milk-jug battered up as it is now—I took him to the station-house, and on further examination found the rest of the property on him—he said he had bought the cream-jug of a man the night before, at the corner of Angel-alley—I then went to the station-house, examined him, and found all the other property in his trowsers, in different pockets, and 8d. in money.
Prisoner. It was five minutes to nine o'clock when he took me—he said, "What have you got under your jacket?"—I said, "Nothing but my
own"—he unbattoned my jacket, and found the cream-jug—I said, "I bought it"—I bought it at nine o'clock the evening before.
CHARLES MANN . I live with Arabella Anna Mann, who is my daughter. I shut the front-door eleven o'clock in the evening, locked it, and I burred it—nobody could have came from the outside in the morning I found it open—the house belongs to my daughter alone, and the property is hers.
(Property produced and sworn to.)
GUILTY— DEATH . Aged 19.
Second Jury before Mr. Justice Bosanquet.
1636. MICHAEL SULLIVAN was indicted for that he, on the 14th of June, at St. Mary Matfelon, alias Whitechapel, in and upon Michael Creighton, unlawfully, maliciously, and feloniously, did make an assault, and unlawfully, maliciously, and feloniously, did cut and wound him in and upon the head, with intent feloniously, wilfully and of his malice aforethought, to kill and murder him.—2nd COUNT, stating his intent to be to maim and disable.—3rd COUNT, stating his intent to be to do him some grievous bodily harm.
MICHAEL CREIGHTON . I am a labourer. On the 14th of June I was at the Cross Keys public-house in Wentworth-street, Whitechapel, with my wife—we were drinking there—the prisoner was there—I was in another part of the room—I had had a quarrel with the prisoner on Easter Tuesday last, about his wife abusing my sister—on Tuesday, the 14th of June, I went into the tap-room, and had been there about twenty minutes when the prisoner got up and began in his usual way, and challenged me to fight him—asked me would I fight him, and he was saying he did not care and—about any man in the house—he did not strike me—he stripped to fight—I said, "Mike, you owe me an old grudge, ever since Easter Tuesday"—I said I would fight him in fair play, in the middle of the tap-room—the publican of the house heard the noise, came down, and, knowing what sort of a man he was, he put him out of the house—he did not put me out—I did not see the prisoner come in again—no blows had been struck by him or me before he went—I said there about half an hour, and my wife and I then went home together—this was between twelve and one o'clock—I had to go about two minutes' walk to my home—I live in Hobbs'-court, Castle-street—when I got up to the end of the narrow part of the court I saw one of the prisoner's legs—he was standing at a corner, at the end of the narrow part of the court—he was concealed—it is a dark court, and has no lamp in it—I know it was the prisoner—I knew him perfectly well, because he had been a neighbour, and his brother-in-law lived next door to me—the prisoner lives in Castle-street—the place I saw him in was not in his way home—the court is no thoroughfare—he was behind a wooden partition, which divides the yard from the court where I live—when I first saw his leg I had just time to look at him, and he had a weapon in his hand, holding it with his two hands—it seemed much like the weapon the officer has in his custody—I had only time to see him with the blow—I was struck on the left side of my head—I became insensible, and can not remember any thing that happened afterwards.
Q. Was it one blow or more? A. I do not know what happened afterwards, till I came to my senses again, which was in about twenty minutes or half an hour—I then saw some policeman there, my wife, and a man—I was taken to the station-house, and afterwards to the hospital—I came out on Tuesday morning last—I was seriously hurt indeed—I was attended by a surgeon of the hospital—no blows passed between us in the public house—nothing happened till I got into the court, and was knocked down—he hit me a blow on the head with the iron weapon.
Cross-examined by MR. PAYNE. Q. Had you been drinking in the public-house? A. I had—I went there about eleven o'clock, and had been there some minutes before he got up and began at me—I left the house, I dare say about half an hour after he did—the publican did not turn us both out—he kept me within—I remained there half an hour or thereabouts.
Q. Did you not the same evening, after leaving the public-house, follow the man home to his door and strike him in the street? A. On my oath I did not—I did not see him from the time I left the public-house till I got to the end of the court—my wife was close behind me, at the end of the court—I saw something in his hand—he was waiting with his hand ready for me—when I came up to the corner I could see the light through a division of the weapon—it was an iron with a long eye in it, and I could see the light through the eye, when he had it up towards the sky—I was nothing the worse for drinking—I was not exempt from the sky—I did not feel nothing the worse—what I had taken that night took no effect on me—I was not drunk—I think I could see and understand as clearly as if I had not been drinking—I have never been in any other part of this Court—I was never before a Judge and Jury in my life thank God—I was before a Magistrate, and went to a place of confinement afterwards for one month—I took a bit of sugar from where I was at work—I stole it—that is eight or nine years ago—it was a caution to me, and I hope it ever will be—that is the only time I was before a Magistrate for that sort—I once took a warrant against the prisoner's a wife's brother, and I was before a Magistrate on the Wednesday after Easter, after the last quarrel—on my oath I did not follow him from the public-house and strike him near his own door, nor did I see him till the moment before he struck me—I did not strike him a blow that evening—we did not fight.
MARY CREIGHTON . I am the prosecutor's wife. I was at the Cross Keys—when I went in I left my husband at the bar, and went into the tap-room—I saw the prisoner with a pint of beer before him—he offered me some beer—I said, "No, thank you, I had some just now, and am going to have more"—he said, "So help me God, I don't owe you no spite"—nothing had been said that night about spite before that—he said, "Keep your husband out of our way; if you don't, as sure as he has got a head on he will suffer for it"—that was not said in my husband's hearing, as I had left him in the bar getting a pint of beer—after that my husband came into the top room with a pint of beer and sat by himself—I was sitting along with him—that was in another part of the room from the prisoner—we were there about twenty minutes, and then the prisoner got up, and said he did not care and—for any man in the room—he began to walk about the room and said to my husband, "You had better fight me"—my husband said, You know very well you are always at me, you owe me an old grudge, let us have the tap-room clear, let us have it out here and be done with it"—the publican heard of it and came down—he laid hold of the prisoner and put him outside the door—I did not see the prisoner
come back—we stopped there nearly half an hour after that—my husband and I both went out together—I did not see any thing of the prisoner till I got into court—we had no scuffling with any body—I saw the prisoner standing in the court, and before I had power to look my husband was down at my feet—I saw the prisoner strike him with an iron bar on the head after he was down—the prisoner was standing in the dark court in a narrow passage—there are only three houses in the court—I could see the whole of the prisoner's person when my husband was down—I saw him striking him with the iron bar, and said, "For God's sake, Mike, don't take his life away"—I hallooed out "Murder"—nobody came—I turned down two or three steps from him, but could see nobody—the prisoner never spoke to me—I said to him, "Mike, as sure as you have got a head on, as soon as I can find a policeman I will give you a night's lodging"—my husband was lying down on his face and hands, bleeding at his head and mouth—I was crying out "Murder," and a policeman came up and asked me what was the matter—I told him my husband was dead—I thought he was so—the prisoner was gone away at that time—the policeman turned my husband on his back, and he was bleeding—another policeman came, and other people—my husband was washed, and cold water thrown over him till he came to his senses, and then two men carried him between them to the station-house—he was then carried to the hospital—there was a large cut in his head—every tooth in his head was loose, and he had a mark over his eye, which was closed next morning.
Cross-examined by MR. DOANE. Q. At what time did you go to the Cross Keys? A. At eleven o'clock—I cannot say how many persons there were in the room—there were more than a dozen, I think—I had been up at Brick-lane from six o'clock—my husband was paid at six o'clock, at a public-house in Brick-lane, and each of the men had a pot of beer—I was there, and had drink—we stopped there very nearly an hour, I believe—I do not think it was longer—we left about seven o'clock—we then went into another public-house in Wentworth-street, and stopped there about two or three hours—we had a drop of beer, because it was a club there—my husband stopped gossiping with a policeman, and he asked him to have a pint of beer, but the policeman would not go and have it—I then went to buy a lettuce—I will swear we only went to two public-houses besides the Cross Keys.
Q. On your oath was not your husband the worse for liquor. He had had a drop of liquor—he had drink in him, but was not to say drunk—he was none the worse for liquor—he had enough drink, but was not tipsy—he knew what he was about—I have seen Finney the publican here—he did not turn us all out when the row began—I was not turned out at all, nor my husband—there was no row in the public-house, only what I have said—in my judgement it was about half an hour after the prisoner left that we went—the prisoner lived, I believe, four or five doors from us—we live nearer the Cross Keys than he does—I saw the prisoner standing, but before I had power to look, my husband fell at my feet.
COURT. Q. After your husband was down, had you opportunities of seeing who was beating him? A. Yes—he gave him two or three blows, and went away—I saw the first blow he gave him, but I cannot say how many he gave him, because I was screaming out, "Murder."
JURY. Q. Did you tell your husband the caution the prisoner had given you to keep out of his way? A. No, I was afraid if I did speak they would have a row.
14th of June, I was near Hobbs'-court, going home, between twelve and one o'clock, as near as I can guess—I was turning down opposite the end of the court—there are two courts opposite each other—I live in one of them—I was standing there, making water, and saw the prosecutor and his wife and a young man coming down Castle-street—I heard the man bid them good night, and Creighton and his wife went up the court—the young man's name is Mahoney—I heard a cry of "Murder, murder, police, police"—I then ran across the road—it is a very narrow court, and when I got to one corner of the court the prisoner ran out of the other corner with this machine in his hand, or one equally the same—I have known him before for a long time—the prisoner is the man—I saw him ran into his own house—I did not hear any further cry—I called a policeman, who came, and then we went up the court, and saw the man bleeding—I thought he was dead—some water was brought—another policeman came, and I showed him where the prisoner lived—the prisoner put his head out of the window, and I said, "That is the man"—he was taken into custody.
Cross-examined by MR. PAYNE. Q. You say as you were at one corner of the court, you saw the prisoner come out of the other corner, and it was a very narrow court? A. Yes—that was the court in which the man was lying—the court I live in is right opposite—I crossed the road, and saw him run into his own house—the last person I worked for was Mr. Rutter, as a paviour—that is four years ago—I have worked at the Docks since, at chopping wood—I worked at St. Katharine's Docks till I jammed my fingers about a fortnight ago—I was only there constantly for three days—I have chopped wood for my mother—I worked for Mr. Rutter before I went to the Docks, but I chopped turpentine-wood for myself—that is the way I get my living—that and working in the Docks together—I have only worked there twice this summer—I was put to hard labour for fourteen days once, at Lambeth-street, for gambling—that is the only time I have been in custody—I have got my living for the last twelve months by chopping turpentine-wood, and selling it—I got the wood from Grange-road, Bermondsey—I bought barrels and cut them up, and sold them myself—I have been twice before a Magistrate, once for insulting my sister, and again for gambling—I paid 1s. the first time, and was discharged—those are the only times I was ever before a Magistrate—I believe the prisoner is a skin-dresser—I believe the instrument he had is used in skin-dressing—the prosecutor and his wife came out of Went-worth-street—I was standing there smoking my pipe for about ten minutes before I began to make water—the prosecutor and his wife did not come rolling alone—I had only drank one pint of beer myself all the evening—it was between twelve and one o'clock, as near as I can guess—I will swear I had been there more than three or four minutes—I had come from a public-house.
COURT. Q. Do you chop fire-wood? A. Yes, and sell it about.
JAMES STACEY . I am a policeman. I was called, and went into Hobbs-court, and saw the prosecutor lying on his face—his face was all smothered with blood—I could not see it for blood—the prisoner was not there—the prosecutor's wife said it was Sullivan—Taylor went and showed me where he lived—I saw him look of the window, and in consequence of what Taylor told me I took him—I knocked at the door, and saw him look out of the window—he said, "What do you want there?"—I said I wanted him, for nearly murdering a man—he afterwards said, "You come
in if you dare"—I rapped at the door again—nobody opened it and I burst it open, went up stairs, and secured him—as he was going to the station-house, he said, "It was not me, but I know who it was"—after he got to the station he said, "It was my brother"—I took Creighton to the hospital.
Cross-examined by MR. PAYNE. Q. Was the prisoner sober? A. Yes, he seemed perfectly sober to me.
SILVANUS GILL . I am a policeman. I went with Stacey to the prisoner's house and took him—he had this iron in his hand at the time, (producing it)—it is used in his trade, I believe, to fix a knife in—he is a skin-dresser—the knife works in this long eye—I saw him lay the bar down behind the door, as I went in—he dropped it behind the door—I took it up, and have kept it ever since—I asked him what he had put there—he said, "Nothing."
JURY. Q. Was there any blood on the instrument when you saw it? A. No—the prosecutor had his cap on when he was struck.
COURT. Q. Did you see him with a cap on? A. No—I have his cap—his wife brought it to me.
MARY CREIGHTON re-examined. My husband wore this cap that night, and when I got up next morning, I found it where he was struck in the court—I know it to be the cap he was in the habit of wearing—I took it to the hospital, I did not give it to the officer—there is no blood on it, but it is cut through.
CHARLES MAYLAND FROST . I am house-surgeon at the London Hospital. On the 14th of June, I remember Creighton being brought to the hospital—I think it was nearly half-past one or two o'clock—his head and face were covered with blood—I examined it, and found a wound about an inch above the ear, about an inch and a half in extent, on the right side of the head—it might have been attended with dangerous consequences, if he had been of a bad constitution—his eye was black, and his face slightly bruised—he was discharged from the hospital last Tuesday—I have seen the iron produced—it was a wound such as might be inflicted by an instrument of that description—it is of considerble weight.
Prisoner's Defence. This man and I had been drinking Monday and Tuesday together, all the two days, at different places in Whitechapel—we came to the Cross Keys and had a drink there—he wanted to quarrel with me—I said he had better keep out of my company, I wanted no quarrelling, and not to be hindered from my work—he followed me to my own place, and wanted me to fight—I came out and told him to be off, for I wanted to go to bed, but he would have me fight—so I came out, and he hit me—I hit him in the face, and he fell on the curb—he being so drunk, was not able to stand—he was more drunk than I was—he has been different times in prison for quarrels—he is always kicking up rows with different persons.
COURT to MARY CREIGHTON. Q. Had the prisoner the iron with him when you were at the public-house? A. No, he had nothing of the kind.
CATHERINE KELLY . My husband is a bricklayer's labourer, we live in Widegate-alley, Bishopsgate-street, near where the prosecutor lives. On the Tuesday night in question I was at Hackney, and was coming home between twelve and one o'clock—I saw the prosecutor and the prisoner having words together in the street—I saw the prisoner first in
Wentworth-street, quite close by the Cross Keys—I heard the prosecutor call the prisoner a cuckold, and saying he could go to bed with his wife at any time for a glass of gin, and that he often did do it—with that I left them both having words in the street, and came home—I did not see any blows—I heard the prisoner say, "If I am a cuckold, more shame for you to tell me such a thing to my face"—I heard nothing more.
JURY. Q. How came you in Wentworth-street coming from Hackney? A. I came from Hackney-wick up Montague-street.
DANIEL FINNEY . I keep the Cross Keys. On the Tuesday night in question, the prisoner and Creighton were going to fight—I saw them standing up—my wife coaxed the prisoner out—he said, "Mrs. Finney, I will go home with you"—I staid in the house—I sent the prosecutor and his wife out in a quarter of an hour, or it might be ten minutes after—when I told them they should go out, they went out voluntarily—I did not turn them out the same time as the prisoner, because I thought they might quarrel together, for the prosecutor was very violent—I did not wish them to come in contact together—I sent the prosecutor out, it did not exceed ten minutes after the prisoner left—I sent him and four or five more out—I would not draw any more beer, and turned every body out.
COURT. Q. You turned out all the people who remained in the house? A. Yes—it was about a quarter past twelve o'clock—I cleared the house—the usual time to clear the house is twelve o'clock—I did not turn him and his wife out till I turned all the rest out.
JURY to MR. FROST. Q. Could you see on which side of the head the wound was? A. It was a mistake of mine, I should have said the left side—it is the wound he has now.
(John David Beager, fur-skin-dresser; Catherine Mahoney, wife of a labourer, Glass-house-street; and Ann Sullivan, wife of a labourer, gave the prisoner a good character.
GUILTY—on the 3rd Count. DEATH — Aged 26.
LONDON AND MIDDLESEX LARCENIES.
OLD COURT,—Monday, July 4th, 1836.
First Jury, before Mr. Common Sergeant.
NOT GUILTY .
WILLIAM TURNER . I am an ironmonger, and live in Bishopsgate-street. On the 9th of June, between nine and ten o'clock at night, I was in Fleet-street, near the end of Fetter-lane—Thorp told me something—I examined my pocket, and my handkerchief was gone—it was afterwards produced—this is it.
Cross-examined by MR. BALLANTINE. Q. Have you not prosecuted two persons already? A. Yes; for the same handkerchief—they have been convicted.
the handkerchiefs from the prosecutor's pocket, and hand it to another out named Miles, who handed it to one Willis—I immediately tried to seize Willis and the prisoner—I am certain the prisoner is the one who took it—I took the handkerchief out of Willis's hat.
Cross-examined. Q. Are you quite certain of the prisoner? A. Yes, because I knew him before.
GUILTY . Aged 20.— Transported for Seven Years.
SUSAN MINCHINGTON . I keep a sale-shop in Orchard-street, Westminster. About five o'clock in the evening on the 23rd of May, I received information, and missed a pair of shoes, which I had seen safe at the side of the door at ten o'clock that morning—these are mine (looking at them.)
Prisoner. Q. How far does your stool stand from your door-way? A. I have no stool—there was a board close to the door.
MATTHEW M'CARTHY . I am a policeman. I was on duty, and saw the prisoner in Gardiner's-lane, drunk, and found these shoes on him—I asked how he came by them—he said that was his business, and not mine.
Prisoner's Defence. I bought the shoes while I was in liquor, not knowing what I was about at the time—my former charge was the only time I was ever in prison, and that was owing to my being in want of bread.
GUILTY . *Aged 26.— Transported for Seven Years.
NOT GUILTY .
GUILTY . Aged 18.— Confined Six Months.
HARRIET ROBINSON . I am in partnership with my sister—we live at the British Establishment in King William-street. On the 25th of June, the two prisoners came into the shop, and one asked for a cravat like the one round his neck—I told him I had not any like it—one said to the other "Let us go; we will call again on Monday"—I said it would be of no use, as we did not keep the article—a gentleman then came in, and took one by the shoulder, and said, "You rogue, you have been thieving"—he said he had not—these handkerchiefs were then on the floor, and the place in the window where they had been was vacant—these are the handkerchiefs—King was the one nearest to them—they had not asked about these handkerchiefs.
Brown. I know nothing of this lad—I went in by myself for a neck-handkerchief.
CHARLES CLEARE . I was passing King William-street, and saw the two prisoners in the shop—I stopped at the window—I saw a hand lift up a kind of curtain, and draw the handkerchiefs gently out from the window—King was standing with his back to the window, and lifting them out back-handed—I went into the shop, and collared King, and said he was stealing—the handkerchiefs were then on the ground.
King. I merely took up the handkerchiefs, and said, "How much are these apiece?" and he came in and struck me. Witness. No—he had got them under his coat, and when I shook him, they dropped on the floor.
Brown's Defence. I went in alone for a handkerchief, and knew nothing of King.
BROWN— GUILTY . Aged 19.
KING— GUILTY . Aged 19.
Confined Six Months.
WILLIAM BEARD . I am the father of Ann Beard, and live in Keat-street, Spitalfields—she is not eight years old. On the afternoon of the 9th of June she was down stairs in my apartments—she some earrings—she was down to me, and said they were gone—these are them—I found them at a pawnbroker's.
JONATHAN MORTIS . On the 9th of June, at twenty minutes past four o'clock, I saw the prisoner sitting on the step of my door as I was going home—she had little girl sitting with her head in her lap—the prisoner had hold of an ear-ring in her hand, and was taking it out.
Prisoner. I am innocent—the pawnbroker said he could not swear to me.
GUILTY . Aged 17.—Recommended to mercy by the Prosecutor.
Confined Two Months.
OLD COURT,—Tuesday, July 5, 1836.
Second Jury, before Mr. Recorder.
GEORGE PEWTRESS . I am journeyman to Mr. Cooper, a butcher, of Bridge-row, Lambeth. On the 12th of June I was in Beech-street, in the City, about half-past one o'clock, and saw two gentlemen walking along Beech-street very fast—one of them had his handkerchief hanging out of his pocket—I saw the prisoner walk up to him, take it out, and put it into his hat—I kept my eye on him, and told the officer of it—I told him the handkerchief was in his hat—he looked into it, and there it was—I never lost sight of the prisoner, and am not mistaken in him.
in consequence of information from Pewtress, I apprehended the prisoner in Chiswell-street, which joins Beech-street, and is in a line with it—I was searching his pocket, when Pewtress told me he had got it in his hat—I took off his hat, and found the handkerchief there—I produce it—I do not know the name of the person who lost it.
(The prisoner put in a written Defence, stating that he had exchanged the handkerchief found on him with a man for three ladies' work-boxes, which he was in the habit of making, and that the witness lost sight of him for some time, and he had opportunity to escape.)
GUILTY . *Aged 19.— Transported for Seven Years.
1645. CHARLES BROWN was indicted for stealing, on the 17th of June, 56 lbs. weight of lead, value 10s., the goods of the Mayor and Commonalty and citizens of the City of London, as Governors of the house of the poor, commonly called St. Bartholomew's Hospital, near West Smithfield, London, of the foundation of King Henry VIII., and fixed to a certain building—2nd COUNT, for ripping and cutting with intent to steal.
The house, No.30, is about four doors down on the other side of the street, nearly opposite to me—on the 17th of June I got up about four o'clock in the morning—I heard a noise of tiles and bricks rattling about five o'clock, and on looking round, saw a person on the top of a house—I saw him get quite out of a hole in the roof, and endeavour to pull up the lead in the front gutter—my daughter was at work in the same room—I called to her to come and look at him—I called out to the person, and he got into the hole as quick as possible, after looking at me for a moment or two—as soon as I thought Mr. Wheeler, the carpenter of the hospital, was up, I went to give him information—I had looked at the house from time to time—the prisoner is the man I saw on the roof. I am certain—I went to Mr. Wheeler about eight o'clock, and he came to the house, No.30, about ten o'clock; but I did not see him go in—I was looking out, about ten o'clock, and saw the prisoner run from No.30 and get on to No. 31, and jump across a court, to No. 32—he was in my sight all the time—when he came to 34, I called to him, as he was directly facing me—I saw him pursued—he got down a trap-door and walked out at the front door of a house—when I saw him at five o'clock he was about thirty yards from me—I could distinctly see him.
FANNY DAVEY . I reside with my father—I was at work with him on the 17th of June and about five o'clock in the morning he called me to the window, and I observed the man on the top of the house either cutting or pulling the lead in the gutter—I cannot be certain which—my father called to him, and he directly went in—I saw no more of him till about ten o'clock, when he walked across the houses, but I did not see him jump across, as my father sent me down to look for a policeman—I got one; and when I came into the street again, I saw the prisoner about three doors from the empty house, which he came out of—I pointer him out to the policeman, and knew him to be the man—I am quite certain of him.
Prisoner. She said before the Alderman she could swear to me by my flannel jacket. Witness. No; I said he was dressed the same as when I first saw him, but not that I could swear to him by his dress—he was much dirtier than at five o'clock—I saw his face and features clearly.
JOHN WHEELER . I reside in Duke-street and am carpenter to St. Bartholomew's Hospital. In consequence of information I went to No.30 on the morning in question, accompanied by a workman—I tried to get in at the front-door, but it was fastened—we got a ladder and got over walls into the back part of the house, and in the attic found a piece of lead about four feet six inches long lying on the floor, and a screw-driver and chisel, a gin-bottle and a bag, put in the cock-loft over the ceiling—I believe the bag was on the landing—there was a trap-door in the ceiling, and when we got out all the tiles were knocked off, the dormer and the lead stripped—I found not less than 5cwt. of lead stripped off the house—three gutters were taken away—I was over the house the day before, showing it to the building—that was about the middle of the day—there was none left in the morning except the piece in the attic, which weighed about half a hundred-weight—the house is the property of the governors of St. Bartholomew's Hospital—I compared the lead found, with the gutters—there was a small portion left, and it exactly matched with what was found on the floor of the attic—it would take several hours to remove the lead—the front-door of the house was burst open; but it was bolted inside when we went, so that we could not get in—the value of all the lead taken was 7l. or 8l.—I think it would take more than one person to take it in a night.
THOMAS ISITT . I am a City policeman. On Friday, the 17th of June, the prisoner was pointed out to me—I ran after him, and called out "Stop him," when we got into the square by the hospital, and the beadle of the hospital stopped him—the bag, chisel, and screw-driver were in the lower room when I found them, and the gin-bottle.
Prisoner. A man was placed at the bar who was caught asleep in the house some hours afterwards, in a light fustian jacket, and they said I had a dirty white flannel jacket.
(The prisoner put in a written Defence, denying that he had ever been in the house, but was stopped a few doors off, and knew nothing of the robbery.)
JOHN WHEELER re-examined. That court he jumped across was about six or seven feet wide, and he was not less than forty feet from the ground—he might run before he leaped—he had a flannel jacket, it was dirty from whatever labour he had been engaged in—the tiles were moved as well as the lead.
Prisoner. The other man was very much like me, and he had a fustian jacket on, and was seen to go into the house. Witness. The other man was much taller than the prisoner—whether his jacket was dirty I cannot say—he was not found in the house—a man who went into the house with me thought he saw another man—I believe there were two, but one escaped—I gave an alarm for the people to guard the empty house.
JOHN DAVEY re-examined. I saw the other man before the Magistrate, who was charged with stealing lead—I could not have mistaken him for the prisoner—I am perfectly satisfied of the prisoner—I have not a doubt of him.
from—I saw him cross the roofs ten minutes or a quarter of an hour before he was taken—I am satisfied he is the same man.
GUILTY . Aged 19.— Transported for Seven Years.
HENRY ADAMS NEWMAN . I live in Clare Market. I lost two books called the "Repository" on the 30th of June, off a board outside my window, where they were exposed for sale—I was called out by a person and missed them—I found the prisoner in a public-house just across the street immediately afterwards with these two books—I sent for a policeman, and gave him in charge.
Cross-examined by MR. DOANE. Q. The public-house is directly opposite you? A. At the corner—it was between one and two o'clock in the day—I do not believe the prisoner was intoxicated—he did not appear to have been drinking—he had the books in his hand in the room of the public-house—there was a man there with him—I was in the shop at the time they were taken—he could not escape—I had no policeman with me.
JOSEPH NOSWORTHY . I am a boot-maker, and live next door to the prosecutor, in Clare Market. On the afternoon of the 30th of June, I was in my shop, and saw the prisoner come up to the prosecutor's shop, take up a book, and look at it—he then replaced it and knocked two books down—he walked away about five yards—he then returned and was met by another man, and then he took up the books—they stood talking together for a few minutes, and walked across into the public-house—he did not appear to me to be intoxicated.
Cross-examined. Q. How near were you to the shop? A. About a yard from the door—I was standing in my shop, leaning against the counter—the door was open.
Prisoner's Defence. I was intoxicated at the time—I was with another person drinking at the public-house a considerable time—I said foolishly and larkishly that I should go and look at some books—I went over to the stall, and saw two of the book laying under the stall, not on it—I took them up and went over to the public-house, only intending to detain them for a few minutes, not to steal them—the prosecutor came over, struck me in the face, and gave me in charge—I do not think he believed I took the books feloniously—I do not think it entered his mind—I did not attempt to run away, nor did I conceal the books about my person to avoid detection.
(The prisoner received an excellent character.)
WILLIAM JAMES . I am in the employ of Edward Boyle, a linen-draper, at the corner of Farringdon-street. On the morning of the 25th of June, two young women came into the shop—the prisoner showed them some shawls and ribbons—I observed they had a parcel in their hand folded in paper, as a parcel would be made up in the shop—I followed them out and spoke to them, and about half an hour after the prisoner was called in, and Mr. Bosle charged him with not accounting for the money he had taken
for the shawl he had sold—he denied having sold them a shawl at that time—I had taken the address of the girls, and I went for them—they returned to the shop, but I was not present.
Cross-examined by MR. DOANE. Q. You saw them looking at the shawls? A. Yes—after talking some time to the prisoner, they went to another part of the shop and bargained for some ribbon—the prisoner said he had not sold them a shawl, but they had bought some ribbons—that was not in the presence of the young women—he said they paid 1s. 5d. for the ribbons.
ANN KITT . I live in King's-road, Gray's-inn. On the 25th of June I went to Mr. Boyle's shop with Cooper, and bought a shawl there of the prisoner—I paid him 4s. 6d. for it, in two shillings and a half-crown—I paid him at the counter where the shawls were, and he put the shawl in paper—Cooper bought some ribbons which she paid 1s. 5d. for—I did not observe what the prisoner did with the 4s. 6d.—he took the 1s. 6d. to the cashier, and brought 1d. back—I came back afterwards with Cooper, and asked the prisoner to change the shawl—he said I had not bought the shawl, I had stolen it—that is not true—I had bought it and paid for it.
Cross-examined. Q. Were you not some time bargaining for the shawl? A. Yes—I looked at several—I declined to take some which he produced—I have always said I gave him half-a-crown and two shillings—I put that money down—not where the shawls were—he had pushed them on one side—I did not see the cashier at that time—I saw him in the shop—I had the shawl wrapped up in paper outside my shawl—any body could see it—my companion was standing with me—I had 5s. when I left home, and took 6d. back—I live with my parents, and work at washing—I had work at that time—I help my mother—I have known Cooper a long time—she lives in the same house—she is in place.
Q. Might it not have happened, after you bargained for the shawl and put down the money, that in his burry to go round to the ribbon, he may not have seen the money? A. He must have seen it, because I put it directly before him—I did not see him put the shawls on the shelves—he pushed them on one side.
COURT. Q. Did you see whether he took up the money? A. Yes, he took it up—I have always said so—I did not see what he did with it—I am quite sure I saw the money in his hand—he went to the ribbons, having the money in his hand—I went to the shop between nine and ten o'clock.
SUSAN COOPER . I live with Kit in King's-road. I was with her when she went to Boyle's and bought a shawl, which came to 4s. 6d.—she paid the prisoner half-a-crown and two shillings—I did not see what he did with it—he took it up and went us to another part of the shop, and I bought some ribbon, which came to 1s. 5d.—he gave that to the cashier—I saw the money in his hand after he took it—he put the shawl in paper.
JOSEPH SHAW . I am a City policeman. The prisoner was given into my charge by Mr. Boyle, about half-past ten o'clock, for having sold a shawl and not accounted for the money—a parcel of shawls were taken down in my presence and the moment they were taken off the shelf, I heard something jink inside it—I opened it, and took out half-a-crown and two shillings—I went back and showed them to Mr. Boyle—it was inside the wrapper of the shawls, on the second shelf from the counter—it seemed to he placed in carelessly—it fell the moment it moved—the shawls were not tied up as they generally are, but the string merely thrown across—there was
nothing to prevent a person slipping the money into the wrapper without taking the shawls down, for it was not tied up tight—any body might have slipped the money within the wrapper.
Cross-examined. Q. The packet of shawls appeared put up in a hurry. as if he had to serve another customer? A. Yes—a string was round. and a white cloth wrapper—the shawls were quite excluded from view—there was an opening, but I could not see the shawls—they were covered but the wrapper was not sufficiently tight.
COURT. Q. Was the wrapper so loose that a hand could be introduced to put the money in, after they were on the shelf? A. Yes—the money fell the moment I opened the wrapper—I searched the prisoner, and found half-a-crown, four sixpences, and a fourpenny piece on him.
EDWARD BOYLE . The prisoner was my shopman, and was employed to receive money for goods sold in the shop which he should give to the cashier—his duty was to call the cashier, and not to take it up himself—he was intrusted to receive money—a customer is served, and bill delivered—he calls the cashier, who takes it—no young man but Mr. James is allowed to take money or stamp a bill—the prisoner was to receives the price of an article from a customer—all my young man receive money from customers—I called him up-stairs, and said, "Now, Clarke, it is reported to me by Mr. James, that you have sold a shawl, and not handed the money over"—he denied it—I said, "You have been showing shawls, I know, and you may as well own it, because you have sold a shawl"—he said, "I deny selling a shawl, I have not sold a shawl"—I told him I knew he had sold one for 4s. 6d.—he said, "I have done nothing of the sort, I have not sold the shawl, nor received the money"—I sent to the residence of the young women, and was present when they came—I heard him say to them, "You stole the shawl, you never bought it"—I sent for a policeman, and took him into custody—I was not present when the 4s. 6d. was found.
Cross-examined. Q. Were you in the shop at any part of the time? A. I was in the shop, but not to notice any thing—there was nothing to prevent his putting the money into his pocket, instead of into the parcel—any of the young men would have a right to go to that parcel to serve a customer with a shawl, and would find the money—it was certainly not a likely place to conceal money—I have a very extensive business—an immense quantity of customers come at times.
Q. Being engaged a long time serving, and in his anxiety to go over and serve another article, might he not, by mistake, push the money accidentally into the shawls, and it get wrapped up with them? A. Certainly—and that I should have looked over.
JURY Q. Had the young women any bill with the shawls? A. He ought to have given them a bill, but the shopmen do not always do it—it is my wish.
JONATHAN L. I am employed to receive the money in the shop. On the 25th of June, I saw the two young women come in—the prisoner handed over to me 1s. 6d. before they left the shop, and I gave him 1d.—he did not hand over any other money.
EDWARD BOYLE re-examined. The prisoner was given in charge about ten minutes after the young women left—a little more than an hour elapsed between his being first charged with it, and being apprehended—he had the opportunity for about half an hour to go to the shelf and place the money in the wrapper—he was about the shop at his duty—he
was standing just before the wrapper of shawls—Mr. James was on the look out—the prisoner was not in the habit of making blunders.
Prisoner's Defence. They were a long time looking at the shawls—I was in a hurry, and angry, thinking they would not buy a shawl—I threw the shawls aside, and went over to the ribbon—the shawls were put into the shelves before I sold the ribbon, in haste, and not moved afterwards.
GUILTY . Aged 18.— Transported for Life.
JAMES WOOD . I keep the Three Compasses, at Mile-end. I have known the prisoner some months—she lived near me, and came to my house almost every day—on the 13th of June, she came and asked for half-a-pint of ale, and while I was drawing it, I saw her put a glass into her pocket—I had her apprehended on the 13th—I have since seen two wine-glasses in the pawnbroker's possession.
THOMAS& SAFFRON . I am shopman to Mr. Folkard, a pawnbroker, in the Commercial-road. I produce two wine-glasses—I took one in pawn from the prisoner, on the 9th of June, for 3d.—I have the counterpart of the duplicate—Mr. Folkard took the other in—I have the counterpart of that here—she gave the name of Nelthorpe.
JAMES WOOD re-examined. I have had one of these glasses for years—it is worn very much at the bottom—I have very lately purchased half-a-dozen of the others, of one Lawrence—there is nothing uncommon in the pattern—one pattern has not been in vogue many years—it is a full half-quartern glass, and other is a three-ounce glass—I am satisfied they are mine—they correspond in pattern and appearance with those I lost.
Prisoner's Defence. These glasses were my husband's before he died, which is more than five years ago—I never took one of Mr. Wood's glasses—I was obliged to make money for my children by pawning them.
GUILTY . Aged 52.—Recommended to mercy.— Confined Ten Days.
CHARLES JOHN DEVEREUX . I am a hatter. I know Joseph Barnes's shop, in the Minories—on Monday afternoon, the 20th of June, I was in his front shop—a young man came in, and asked if I had authorized any body to take the brass from the window—he gave me information—I went out, and found the prisoner in Billeter-street, about a mile from the shop—I gave him in charge—I saw him drop the brass moulding in George-street, two or three hundred yards from the shop.
down the Minories, and saw the prisoner and another young man looking in at the shop window—I saw the prisoner take the brass from the window—I went in, and informed Devereux—we pursued the prisoner, and saw him drop the brass in George-street, and pursued him till we gave him in charge.
(Property produced and sworn to.)
Prisoner's Defence. I never had it—the man who took it was let go.
GUILTY . Aged 22.— Confined Three Months.
1651. ALFRED LEWER was indicted for stealing, on the 20th of June, 1 coat, value 30s., 1 waistcoat, value 5s.; 2 pairs of stockings, value 1s.; 1 pair of boots, value 2s., and 3 cravats, value 2s.; the goods of Charles Ash.
CHARLES ASH . I lived in Hermita-street, Duke-street, Manchester-square, at the time in question—I am a clerk out of employment. On Saturday, the 18th of June, I left a bundle with Mr. Waddams, containing a waistcoat, cravat, and two old black silk handkerchiefs—the articles stated were worth £2 altogether, and were tied up in two black handkerchiefs.
THOMAS WADDAMS . I am a hair-dresser, and live in King-street, Seven Dials. On the 18th of June, I employed the prisoner to work for me at my shop—on Monday evening, the 20th, I saw the bundle, which Ash had left, safe in the shop—the prisoner was in the shop at the time—about an hour after he left, I missed the bundle—he had passed through the room it was in twice—nobody but the prisoner passed through the room—he was found in Belton-street—I saw him in a shop there—the boot was found in the middle of my floor—it had been dropped out of the bundle—I saw the bundle produced at Bow-street.
Cross-examined. Q. Had you seen what was in the bundle? A. No—I had placed it in a safe position—I knew it contained wearing apparel.
JOHN STARR (policeman F 78.) On the 22nd of June, I saw the prisoner come out of a house in Belton-street, and took him into custody—I afterwards went into the house, searched the front-parlour, and under the mangle found two pairs of stockings, and half a black silk handkerchief—there was a woman in the room, who I believe to be the prisoner's mother—she told me the things were under the mangle.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Three Months.
GEORGE FOSSICK . I am a dealer in Dublin stout, and live in King William-street. On the 22nd of June, I was in Upper Thames-street, about half-past twelve o'clock in the day, and felt my coat-tail drop—I turned round, and saw the prisoner with my handkerchief in his hand close to me—nobody else was near me—I collared him, and he threw the handkerchief down—I took it up, and took him to the station-house.
(Property produced and sworn to.)
Prisoner's Defence. I picked the handkerchief up, and gave it to the gentleman.
GUILTY * of Stealing only (the certificate of the prisoner's former conviction not being produced). Aged 14.— Transported for Seven Years.
GUILTY . Aged 30.— Transported for Fourteen Years.
NEW COURT, July 5th, 1836.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 18.— Confined One Month.
JOHN SMITH JOHNSON . I live at Manchester, but am staying at a house in Aldersgate-street. On Saturday night I was with two friends in Fetter-lane—we met the prisoner and some others about twelve o'clock—one of my friends went to bed with the prisoner, and I went to bed with another in another room—I had six sovereigns and a foreign coin in my trowsers pocket—I saw them safe just before I went to bed—I laid my trowsers at the bed-side—one of my friends awoke me about two o'clock in the morning, and then I missed my money.
GEORGE GREENHALGH . I was one of the party. I went to bed alone—I told the prisoner to go home—she said would not without her friend, Dinah (I think she called her)—she went up-stairs about half-past one o'clock, and came down—I said, "What have you been up-stairs for?"—she could hardly speak, she had her mouth full of something—she went on the sofa, and I saw her trying to thrust something down her thrust—I ran to her, and forced a sovereign out of her mouth, and a foreign coin (which my friend generally keeps in his pocket)in the presence of the mistress of the house.
Prisoner. I saw this sovereign lying on the carpet, and the door wide open—I put it in my mouth, and came down to this gentleman, and asked whether he was going to give me what he promised—he asked what I had in my mouth, and I gave it him—there were two girls in the house besides me.
GUILTY . Aged 18.— Confined Nine Months.
WILLIAM JAMES DAVIS . I am shopman to Mr. Thomas Jerome, of Bishopsgate-street. At half-past eight o'clock in the morning of the 20th of June saw the prisoner near the shop—the jacket and trowsers hung outside the door—I asked her to walk in—she stooped down, and they dropped from under her clothes—I am certain of that.
Prisoner. He speaks quiet false—there was an omnibus going by—I was standing by the window—I had some halfpence in my hand, and dropped some—he came to me an said, "What have you got there?"—I said, "Nothing"—I went two or three steps away, and then he came and brought me back—if I knocked them down I did not know it—but I had not got them. Witness. I am sure they fell from her person under her feet—she was just outside, not inside, when they dropped from her—they had been hanging across a bar at the door—she was not a step from where they hung—I was close by her—I had missed them before I accused her, and they were not on the ground then.
GUILTY . * Aged 40.— Transported for Seven Years.
ROBERT ROACH (police-constable. K 211.) I was called on Monday night to the prosecutor's—I found the head of one goose in his skittle-ground—he told em he suspected the prisoner and another—I went to Limehouse and found one goose concealed in the prisoner's house in a cupboard—the prosecutor said it was his—it was warm, and had the head off—he lives better than a quarter of a mile from the prosecutor's—the prisoner said he was very sorry I took him so soon, or he would give me nine hundred times to find him, as he had a very nice place to conceal himself.
Prisoner. It was not found in my house. Witness. It was his brother's house—he and his brother bad been together in the prosecutor's yard where the geese were.
Prisoner. When he came out with the light in his hand he was talking to my brother in the tap-room—I was not in the yard at all—I know nothing of it. Witness. You were in the yard.
GUILTY . Aged 35.— Confined three Months.
1659. JOHN JONES was indicted for stealing, on the 28th of June 35lbs. weight of lead, value 5s. the goods of the Commisssioners for paving St. Pancras St. George the Martyr, and St. George, Bloomsbury, and being fixed to a certain buliding, against the Statute, &c.—2 other Counts, stating it to belong to other persons.
MR. BODKIN conducted the prosecution. WILLIAM PITCHFORD (police-constable E 25.) I was on duty in the neighbourhood of Mecklenburg-square about nine o'clock in the morning of the 28th of June, and saw the prisoner in Cromer-street, about a furlong from the Commissioners' tool-house—he had a carpet bag in his hand, and went into a marine store shop—I folowed him in, and found him offering some lead for sale—I asked how he came in possession of that lead—he said he bought it in the country—here are five pieces rolled up—part of it was in the scale, and part in the bag—I afterwards went to the tool-house, where the commissioners kept their tools, and found the roof had been stripped—this is part of the lead that had been on the roof—there was more taken than I have here, but this fitted as far as it went.
Prisoner. He stated that he accidentally came into the shop where I was—he did not see me with the lead, but they told him at Hatton-gardan, if he did not say so, he would not get his expenses. Witness I saw something in the bag so, and suspected it was lead—I was not told any thing of the sort at Hatton-garden.
THOMAS COLCROFT . I am porter of the Foundling-hospital. I saw this lead fitted on the roof of the tool-house—it fitted on every respect, as fax as it would go—we have lost more than 1 cwt. of lead—I was in Hatton-gardan office the whole time; I heard no one say any thing to the officer as to what he was to say.
Prisoner. You were not there the first day. Witness. I was not there on the Monday.
THOMAS OSBORNE . I am in the employment of the Commissioners of the Foundling-hospital. Sir William Curtis is one of the governore and a commissioner—I left the tool-house shut on the Saturday evening—the lead was safe then, and on the Sunday morning I missed it—the prisoner was taken the next morning.
GUILTY . Aged 23.— Transported for Seven Years.
WILLIAM DELANEY . I was in Fleet-street, between twelve and one o'clock yesterday. I felt a jerk at my pocket—I turned, and saw the prisoner close to my side—there was one between me and him, whom I secured first, but I saw my handkerchief in the prisoner's hand, and took him also—this is my handkerchief.
Prisoner. The brass-founders were passing and I saw the handkerchief on the pavement, it was chucked behind em. Witness. He attempted to put it into his pocket, and when I took him he tried to throw it behind him.
JAMES DOYLE . I am a brass-founder. I saw the prisoner go behind the prosecutor, and take the handkerchief out of his pocket with his right hand—the prosecutor seized him, and inquired for the policeman—I saw him try to throw it down, but it was not on the ground at all.
GUILTY † Aged 17.— Transported for Seven Years.
THOMAS SHAW . At a quarter past twelve o'clock yesterday morning I was walking under the archway of Temple-bar—I felt a twitch, turned, and saw two boys—I felt my pocket, my handkerchief was gone—I seized one boy, and said, "Give me my handkerchief—he said he had not got it—I then seized the prisoner, and he threw it down behind him—I took him and the handkerchief.
Prisoner. The handkerchief was put down between me and the wall. Witness. He had it in his hand very near his jacket pocket, and then threw it down.
Prisoner. My hand was in my pocket—the brass-founders were going by and there was a great crowd.
JOHN PAGE . I was passing through Temple-bar, and was behind the prisoner—the prosecutor seized him, and he let the handkerchief slip from his hand behind him, and kicked it with his fect—another handkerchief was found on him.
GUILTY . † Aged 18.— Transported for Seven Years.
WILLIAM BOREHAM . I am shopman to Alexander Wilson and Son, shoemakers, Crawford-street. About nine o'clock at night, on the 28th of June, I was in the balcony—I saw the prisoner and another woman coming to the rail where the shoes hung outside—while the other woman was talking to the boy who was minding them, I saw the prisoner take one pair down, and put them under her shawl—I came down, ran off after her, and asked her for the boots—she said, "Whose boots? I have not stolen any"—I took up her shawl, and found them under her arm.
Prisoner, You did not take them from under my arm, but from my hand—I was showing them to my mother. Witness. No. they were under her arm—they were four or five doors off.
GUILTY . Aged 18.— Confined Three Months.
JOHN ROPER . On the 18th of June, I was passing in the Strand, opposite the New Church, and felt a jerk at my pocket—I turned round, and the prisoner was behind me, with my handkerchief in his breast—my friend, who was with me, seized him.
Prisoner. I saw three boys—one threw the handkerchief behind him—I took it up and put it in my breast—the gentleman came and asked me if I had a handkerchief—I said, "Yes". Witness. He said as he was going along that it was two boys took it, who had run across the road, but I saw no boys about.
GUILTY . Aged 18.— Confined Three Months.
1664. JOHN BROWN and JAMES WIFFIN were indicted for stealing, on the 3rd of July, 1 jacket, value 1l.; pair of trowsers, value value 1l., 1 coat value 2l.; and 2 shirts, value 5s.; the goods of William James Bowles.
WILLIAM JAMES BOWLES . I live at Hale-street, Poplar, and am a seaman, I saw jacket and trowsers safe last Saturday in my chest, down in the forecastle, on boards The sterling, in the West india docks—I lost them that day.
(property produced and sworn to.)
WILLIAM BURNS . I am apprentice on board The Johns Renwick in the West India Dicks. On Sunday evening, the 3rd of July I saw the two prisoner—Brown had a bundle under his arm—he went beside some deals—I went to peep. and saw Wiffin putting on a pair of blue trowsers, and he put his own on over them—as soon as they saw us peeping they put the bundle under the deals.
Wiffin. I found the trowsers, and I took them down behind the deals, but I did not put them on.
Brown. I found two check shirts in the dust heap, and put them on under my own.
WIFFIN— GUILTY . Aged 17.
BROWN— GUILTY . Aged 22.
Confined Six Months.
SAMUEL FLOYD . I am a Thames-police officer. I went on boards The Undaunted to the prisoner on the 28th of June—he absented himself some time—he then returned—I examined him, and found these trowsers concealed under those he had on.
Prisoner. I found them in the forecastle.
GUILTY . Aged 17.— Confined Six Months.
GUILTY . Aged 26.— Confined Six Months.
FINNEY ELDERSHAW . I live in Stanhope-street, Clare-market and am a linen-draper. On Saturday night, the 25th of June, in consequence of hearing something, I went to the shop door and saw a bundle of handkerchiefs in a cloak, which I took into my shop—I found the handkerchiefs were mine—the cloak was the prisoners's, I believe—the handkerchiefs were safe inside the door not five minutes before.
from the inside of the door, and look at the ends of them by the gaslight—she then dragged them down, placed them under her cloak, and was going away—I stopped her—she dropped the cloak and hand-kerchiefs, and retreated in an opposite direction—I followed and brought her back.
Prisoner. I came from the country, and was to take a few handkerchiefs down—I was looking at these, and had a little drop in my head—the man came and took me by the shoulder—I threw them back, and said I was no thief.
GUILTY . Aged 49.— Confined Nine months.
WILLIAM FLETCHER . I am servant to Thomas Brokwood, of Tottenham court-road. On the 25th of June, I went to Chapel-street, Tottenham-court road, and saw the prisoner wheeling my master's truck in Percy-street—I went on, came back again, and met him again with it—I asked where he was going—he said home—I let him go on—he turned up several turnings, till be got to Cleveland-street—I told the policeman, who went and told him he must return—he returned a little way, and then he ran away—he let the truck down, when the policeman hallooed, "Stop thief, "and another policeman caught him—I took the truck to my master—I have used it a great number of times—I am sure the prisoner is the man.
Prisoner. when you spoke to me, I said I had been hired to take the truck. Witness. He said he was hired to take it to Spitalfields.
ROBERT SMITH (police-constable. E 160.) Fletcher spoke to me—the prisoner said he was employed to take the truck to Spitalfields church, and was to have 2s. or 2s. 6d. for it—I said he must return with me—he returned about sixty yards—he then said he was tired, and the boy must take it—the boy took it, and the prisoner ran off—I pursued—he was stopped by my brother officer—he had been drinking, but knew what he was about.
Prisoner. I had been drinking a great deal, or I should not have run away—a person offered me 1s. to wheel it.
GUILTY . Aged 28.— Confined for Three Months.
MESSRS SCARLETT and BODKIN conducted the Prosecution.
ANN MEAD I am the daughter of William Mead, of Winford-place, Commercial-road. On the 9th June the prisoners came into the shop at about half-past four o'clock—Cain asked for the crown of a cap—it came to 10 1/2 d.,—she gave me a crown-piece—my mother came in, and have her the change—the crown-piece was lying on the counter—my mother took it—it was the same the prisoner put down—they came in together, and left the shop together, and appeared in company—in about a quarter of an hour my mother sent me with the same crown-piece to Mr. Essam, the publican—I gave it to him.
Cross-examined by MR. DOANE. Q. Are you quiet positive that Humphries was there at the time? A. Yes—there was no money in the till. ANN MEAD. I am the witness's mother. I came into the shop just as they threw the crown on the counter—a policeman called the next morning
and brought the cap crown—my daughter went with him to Mr. Essam's—I then got the bad crown-piece and marked it.
JOSEPH ESSAM . I keep the Bricklayers' Arms, in the Commercial-road. Miss Mead gave me a crown-piece, which I put on the mantel-piece apart from every thing else—I gave it in change for half-a-sovereign to Mies Cart wright, in about an hour and a half—nobody had been in the bar but myself—I can say it was the one I had received from Miss Mead—next day the policeman came to make some inquiries.
Cross-examined. Q. Was this put on the mantel-piece in the bar? A. Yes—nobody was assisting me there—none of my own family came in, nor any strangers to take refreshment—I marked it the next morning—I gave it to Miss Cartwright about half-past eight o'clock.
MARY ANN CARTWRIGHT . I live with my aunt in Catherine-street, commercial-road On the 9th of June, I went to Mr. Essam's for a pint of porter, and gave him a half-sovereign—I received a crown-piece, 4s. d. and the rest in halfpence—I gave the crown to my aunt directly I got home—Mr. Essam came with the policemen to my aunt's the next morning I then saw the crown again, and marked it.
MARY ANN TITYEN . I sent my niece, Mary Ann Cartwright for some porter, and a half-sovereign to get change—she brought me back a crown-piece, which I placed a box—there was no other money in it—it was in the room where I live and sleep—it continued there until the policeman came—I delivered the same crown-piece to him.
ELIZA MARGARET MOORE . I live at Mrs. Wood's, a stay-maker. The prisoners came there on the 9th of June, about six o'clock in the evening—Humphries asked for a steel-busk, which came to 1s. 3d.—I sold it her—she offered me a crown-piece—I sent it next door by Ann Downes to Mr. Robinson, the grocer—she returned with Mr. Robinson and Mr. Burford, who brought the crown back, and showed it to the prisoner, they brought a policeman, and gave her in charge for uttering it—she said she did not know it—I marked the crowd—this is it.
THOMAS BOTT BURFORD . I am a paper-stainer, and live in Ratcliffe-highway. I was at Mr. Holmes's—Mr. Robinson is his shopman—Downes brought in a crown-piece—she tendered it to Mr. Robinson—I took it from him, and found it was bad—I went to the shop directly, and found the two prisoners there—I said it was a bad crown-piece—they said they would give another, or give another, or give different change for it—I said if they could give an account of it, I would let them go away—what they said did not satisfy me, and I gave them in charge.
JAMES MANN (police-constable K 239.) I was called into the shop by Mr. Burford, took the prisoners, and received one crown-piece from Burfound—this is it—I took a half-sovereign and a five shilling-piece from one of them, and one had a cap-crown—she said it was an old cap given to her by her sister—I found it was a new one—I took it next day to Mead's—she recognised it—I went to Mr. Essam's and got this other crown-piece from Mrs. Tityen's—this is the cap.
CAIN;— GUILTY Aged 22.
HUMPHRIES— GUILTY . Aged 25.
Confined One Year.
ROBERT ASKELL . I am in the employ of Joseph Carpenter. About nine o'clock on the 20th of June, I heard a snap at the door, and missed a pair of cotton trowsers—I looked out, and saw the prisoner—I went on to Eastcheap, and saw him running with anothe person—the prisoner had the trowsers—h threw them down before me, and was taken—they were picked up and brought to me—they were my master's.
Prisoner. I did not have them in my possession, Witness. I will swear he had—he threw them down before me, and said, "Take your things."
JOHN DRAPER. I saw the prisoner running—he was stopped and taken.
GUILTY . Aged 18.— Confined Two Months.
GEORGE HARTSHORNE . I live in Church-lane, Whitechapel. On the 16th of June I had eight handkerchiefs at the corner of my door—I saw them twenty minutes before ten o'clock that night safe, and missed them in about five minutes—these are them.
GUILTY . Aged 17.— Confined Three Months.
EDWARD WELCH . I came from the yard in the morning, at half-past nine o'clock—Mr. Miller had been at work—I went for materials for him to use, and when I came back, I went by his orders to light the fire—I heard the prisoner in the cistern, and heard him knock the lead up—I stepped up a ladder, but could not get up quite enough—he was on a stool to the bottom of the cistern—I saw this piece of lead on him—he told me to go and light the fire—I went down, and then he told me to get a short piece of wood to weight down the lead on the bottom of the cistern—I then went up and missed the piece of lead—I looked round and saw it is a crevice, and his working jacket over it—I did not think he would take it away till seven o'clock—it struck twelve o'clock in a few minutes—I told him it was twelve o'clock—he said he did not think it was so late—he sat a few minutes, and then came down and took the jacket and put it on—I went down and stopped ten minutes, and then called another witness.
Cross-examined by MR. PAYNE. Q. Where was this? A. At Mr. Hudson's in King William-street, opposite the London Life Office, where Mr. Webb is building—it is not finished—I saw the head standing up against his thing—I can prove it was this piece of lead—I did not take it into my hand or examine it—I suppose it was two feet from the bottom of the cistern—I looked over the top—I did not see the lead taken away—I saw this piece of lead standing inside the cistern—there is no mark on it
that I know of—I did not handle it till I felt it in between two joists—he must have taken it at twelve o'clock, when he was going.
COURT Q. Were you helping him to put the lead at the bottom of the cistern? A. Yes—I was his labourer.
MR. PAYNE to MR. WEBB. Q. Was this house yours? A. It is a new house I am building for Mr. Hudson—after this lead was fixed to the cistern it was mine, till I gave up possession of the house complete—these are chippings of lead—they are my property—this was to he taken away, not to remain there—it was cut off from that which was fitted at the bottom of the cistern.
Prisoner, Welch was there the whole time, he never saw this in the cistern.
GUILTY . Aged 40.— Transported for Seven Years.
1674. MARTIN DUMPHY was indicted for stealing, on the 2nd of July, 1 watch-chain, value 8l. 8s.; and 1 seal, value 3l.; the goods of George Mackie and another, in the dwelling-house of the said George Mackie; and that he had been before convicted of felony.—2nd COUNT, stating it to be the dwelling-house of George Mackie and another.
GEORGE MACKIE . I live in the City-road, in the parish of St. Luke's, Middlesex, and am a watch-maker and jeweller. I have one partner—it is my dwelling-house—at half past seven o'clcok last Saturday, the prisoner came to my shop, and asked for a gold-chain—he examined the one I showed him very minutely, and approved of it—he then wished to look at a gold seal—he selected one at 3l.—he then wished to see another chain which hung up in the window, and on my turning my back to him he caugth up the seal and chain, and ran out of the shop with them—the seal was worth 3l., the chain 8l. 8s.—I pursued, crying "Stop thief"—he ran a quarter of a mile, down one street and up another—we got a hundred people pursuing him, and he took refuge in a court which was no thoroughfare—he was stopped in a garden belonging to a small house in the court—the chain was afterwards found.
(property produced and sworn to.)
Prisoner. I was discharged from the House of Correction—I got into the police, and in consequence of talking a man, the Magistrate reported that I had been taken myself, and I was dismissed.
GUILTY . Aged 32.— Transported for Life.
1675. WILLIAM WALFORD was indicted for stealing, on the 10th of June, 3 Pieces of paving-stones, value 1s. d., the goods of the Commissioners for paving the parish of St. Luke, Chelsea: and AARON KETCHER for feloniously receiving the same, well knowing them to have been stolen; aganist the Statute, &c.
CHARLES LEACH . I am surveyor of pavements in Hans-town, Chelsea. Walford was employed by the contractor for the district, and was working under me—the old stones belonged to the Commissioners—Walford had no authority to lay down any stones in Mr. Ketcher's yard, in Union-place—neither new nor old—I have seen these stones in Union-place—I belive them to be the property of the Commissioners—they are worth about 5s.
Cross-examined by MR. DOANE. Q. Do you mean to swear positively to them? A. No.
COURT. Q. Where does it appear to you they had been removed from? A. From Sloane-square—I have no doubt of it—Walford was employed there.
LUKE NIXON (police-sergeant R 16.) I was at the station, and saw Walford wheeling three pieces of paving-stone to Ketcher's house, on the 10th of June—I gave information—I went afterwards to Ketcher's house, and saw one of the pieces of stone which I had seen—he said he had had them on the premises for some years past—the stones put down appeared to be the same as those from Sloane-square—one had a corner broken off.
Cross-examined. Q. You cannot tell that he got them from Sloane-square? A. No.—I went to Ketcher's house some days after, and I saw as I believe, the same stones—they were laid by a mason—the yard was paved—the old stones were lying piled up on one side the yard—there was nothing to prevent his having these stones hidden, or taken away—they were old—the yard wanted paving.
COURT. Q. When he said they had been there for years did he speak of the stones that were paved, or the others? A. He did not speak to any.
NOT GUILTY .
1676. WILLIAM WALFORD was again indicted for stealing, on the 13th of June, 8 pieces of stone, value 5s. the goods of the Commissioners for paving the parish of St. Luke, Chelsea; and WILLIAM MARLOW was indicted for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
LUKE NIXON . On Monday morning, about eight o'clock, I saw Walford drawing a truck, with seven or eight pieces of stones in it, and I saw him with another man take stones into Marlow's yard—I cannot identify the stones.
NOT GUILTY .
OLD COURT.—Wednesday, July 5th, 1836.
Third Jury, before Mr. Common Sergeant.
1677. BENJAMIN alias Benedict SHEPHERD was indicted for stealing, on the 30th of May, at St. Dunstan in the West, 7 watches, value 140l.; 1 chronometer, value 1l.; 1 opera-glass, value 2l.; 2 boxes, value 10s., 23 rings, value 40l.; 2 ear-rings, value 20l.; 1 brooch. value 1l.; 2 shirt-pins, value 3l. 10s., 1 locket, value 10s.; 9 seals, value 9l., 3 watch-chains, value 4l.; 2 shirt-studs, value 10s.; 2 musical-boxes, value 8l.; 3 watch-keys, value 1d., 2 pairs of trowsers, value 2l.; 3 wasitcoats, value 30s.; 7 neckerchiefs, value 7s.,; 6 handkerchiefs, value 6s.; and 179 pieces of silver coin, value 40l.; the goods of Henry Hoare, in the dwelling-house of Henry Hugh Hoare and others; to which he pleaded
GUILTY .— Transported for Life.
REBECCA DOWLING . I am the wife of James Dowling, and live in Potter's-row, Cambridge-heath. On the 29th of June, at Six o'clock in the morning, I saw my watch safe, banging on a nail in my bed-room cupboard—I went out, and returned at half-past nine o'clock in the evening; and when I got up next morning I went to look at my watch, and it was gone—I afterwards found my window had been broken, as if a stone had been thrown in—I did not find any stone, but I found a piece of glass on the floor in the kitchen—I saw the prisoner, and said to her, "Maria, give me the duplicate of the watch, and I will get it out, and will say no more about it"—she persisted in it that she knew nothing about the watch, and that her brother had it—I know she has a brother—he is not twelve years old—the prisoner lived next door to me, but had never been in my house but once.
SAMUEL T. I am an officer. I took the prisoner into custody—she said there was 5s. on the mantle-piece which her brother had given her, and that she was entirely innocent of the watch.
(property produced and sworn to.)
Prisoner's Defence. I did not take the watch—my brother threw a stone, and broke the window—he brought the watch in, and asked me to go and pledge it—he went with me, and stood outside the pawnbroker's shop.
GUILTY . Aged 14.—Recommended to mercy,— Confined Three Days.
Before Mr. Baron Vaughan.
1679. JOHN CRAFT was indicted for a robbery on Thomas Fenner, on the 21st of June, at Isleworth, putting him in fear, and taking from his person, and against his will, 6 sovereigns, 5 shillings, and 2 sixpences, his monies.
THOMAS FENNER . I am in the lace business, and live at Penn, near Beaconsfield. I employed the prisoner to sell lace and caps for me—on Monday the 20th of June, I went to London, and came back again with him on Tuesday; and between Brentford and Hounslow, between eleven and twelve o'clock on Tuesday night, we were walking and talking together, and he said to me, "What a h—of a hurry you are in"—I was walking very fast—I said."It is very late"—I wanted to go where I was going—he said, "You need not fear as long as you have got me with you; I will see you safe to your lodging at Hounslow, and then I will return to my brother, and stop there; for you cannot afford to pay me for my day's work tomorrow, and I cannot afford to lose it; it will make a bad Saturday night"—he then instantly gave me a blow with his fist on my head, and I fell to the ground—it was a light night, and in the middle of the horse-road—I got up again, and said, "John, What have I done to deserve
this treatment?"—he gave me another blow on the eye. and said, "There, then, "and I fell again—he kept kneeling on me, and Beating me, and I begged of him to have mercy—he said, D—you; now I will do for you"—I then hallooed, "Murder, "and "Thieves," and again begged for mercy—he repeated his blows on my head several times—I received two blows in my head—he then put his hand on my left thing—my money was tied shillings, and two sixpences—he put his hand on the top of my trowsers and rent them down, shirt and all away together—he took the piece of trowsers which was hanging to my pocket, and threw it down—I took it in my hand—he tore my pocket by force from me, and took it away, with the money in it, and ran away—I saw no more of him, till next morning, as I was walking out, a little after five o'clock, at Brentford, in a street leading to Ealing—he gave a short stop, turned round, and ran away—hallooed, "Stop thief," and two policemen came along after him—I saw him in the station-house, in less than an hour, at Brentford—I said to him, "John, what have you done with my money?"—he said, "I have put it in the bundle, and thrown it away behind a hedge"—I believe the officer heard him say that.
Cross-examined by MR. CLARKSON. Q. you did not ask him for the money he had robbed you of? A. I asked him for my money—I have been, robbed before, not very often—I was robbed by a man at Acton once, and the prisoner picked my pocket before, more than two years ago—it is two years last October or November I think that I was robbed at Acton—the man taken and transported for it—I did not take the prisoner up when he picked my pocket two years ago—I said he had done it and he denied it—I had not see him do it, but I was in nobody's company but his, and I am satisfied he had money—I am not in the habit of drinking—I swear that—I do not mean to say I do not drink, but I am not in the habit of getting drunk—I have known the prisoner more than four years—I called on him at Isleworth on the 28th of June, to tell him what he had acted in the country, in obtaining my son's boxes by false pretences, and all that—that was my business and no other—I did not find him at home, he was sent for and I waited—I went to a public-house with him opposite his lodging, and had something to drink—they paid for it—we had gin and cloves—that was about seven o'clock in the evening—I do not remember having any beer—I will not swear about it—I will swear we did not have four pints of beer there—I did drink a drop—we walked to Brentford together—I think we went to the Star and Garter and had a pint of beer—I had neither gin or shrub at the Star and Garter at Kew—the prisoner never left me—I did not go back with him and have ale at the Star and Garter—I went on for Turnham-green—he waked with me, he said he should go to London when I went, and stop with me about my son's boxes—I stopped at the Windmill public-house and slept there with the prisoner—I had nothing but a pint of beer for breakfast next morning—I had no gin and cloves—I will swear I had no gin and cloves at Thruham-green—I started for London from there—when we got to where the basket-woman rest with their strawberries, at Hammersmith, we had two basins of coffee and rolls—we then went on towards London—I do not know what time we got to Kensington—it might be about eight o'clock—it was before nine—I did not go to a wine-vaults in George-street, Tottenham-court-road, and have any gin there—we went along George-street up to Charlotte-street—I went to a pawnbroker's in
Charlotte-street, and got some lace out which I had pawned—I paid 7s. for it—I had about 1s. at that time—I put some in and took out what I wanted with the money I got for it—I only had 1s. when I went to the pawnbroker's—I wanted the lace, and left more to the same amount—I had bought it of the maker—I went from there to a public house in Red-lion-street, Holborn, to set my lace to rights—I could not sit there without having a pint of beer—I had no more—I left that public-house about ten o'clock in the morning and went to Rawstorne-street, to my son's house, where I left my lace—I gave the prisoner 1 d. to get himself half a pint of beer—I dined at my son's—I had no gin or any thing there—I did not say to the prisoner, "John, I have not had any luck today."
Q. He still continued with you about your son's boxes? A. That was another son—I told him what had happened—he said he would go and face the gentleman where I said he had taken my son's boxes from—he saw I had money in my Pocket when I came from my son's but he did not go with me to my son's—it was at a public-house in St. John-street, between two and three o'clock in the afternoon—I left my son's between one and two o'clock, and went to the pubilc-house where the prisoner was staying—I had a pint of beer and changed a sovereign for it—I went to a pawnbroker's in Farringdon-street, and bought him a pair of trowsers, because he wanted to return again to sell goods for me as he had done before.
Q. You charged him with obtaining your son's goods under false perteances and went to London with him, and boutght him a pair of trowsers? A. Yes—he said he was totally innocent of the charge—he said he was almost naked, and whatever he had wronged me of, he would endeavour to make me amends—I took 1s. worth of lace out of pawn in Farringdon-street, where I bought the trowsers—we went down the Stand, over Westminister-bridge—I did not go to a public-house at Vauxhall—he wanted to go over Westminster-bridge to a rowing-match, and I went there, and waited, but there was no match—I did not go to Dobree's a pawnbroker—he led me to Chelsea, and we went into a public-house—(I had received the money from my son's wife—I received seven sovereigns from her)—we went to Chelsea, on our road to Isleworth, before we went to Hyde-parkcorner—we came along the main road for Brentford—I do not recollect stopping any where—I was as sober as I am now—we met a watchman, and I asked him where I could get a lodging—it was then after eleven o'clock—the prisoner said, "Come along, I will see you safe"—I left London about eight o'clcok; but he had been daudling about, and pretended to see the rowing-match—he said, as I had got him with me, I need not fear any thing happening to me—I went to a night-house after I was robbed, but not before—I was robbed between my seeing the watchman and getting to the night-house.
COURT. Q. What sort of a night was it? A. A very light night—I was perfectly sober at the time he assaulted me.
JOHN THOMAS RICHARDS . I am a policeman of Brentford. I heard a cry of "Stop thief," on the Wednesday morning about five o'clock—I was on duty in New Brentford—there were a great number of people in the town—I ran through the market-place up into the fields, and saw the prisoner walking along the hedgeway—I went up, and told him I wanted him on suspicion of highway robbery, as he answered the description the prosecutor had given to me—he asked what I wanted him for—I said, "For highway robbery"—I saw blood on his waistcoat—when we were coming through the wicket-gate he said, "D—me, I am done"—I took
him to the station-house; and going down the street, at the the bottom of the Half-acre, there were six or twelve people, or more, there collected, and they asked him what he had done with the bundle—I belive the prosecutor was one of them—he said he had none—they said he had—when he got to the station-house, he said he had thrown it away—the prosecutor saw him at the station-house—he did not say any thing to him that I know of—the prosecutor was solid and sober—he had many wounds about him, over the eye and at the top of his head—I have his throwers here—the pocket is not torn quite off—he had part of the trowsers in him, but the pocket was torn off—I found a shilling on the prisoner—being in a flurry I ran to Hanwell, when he said two woman passed, and there was a handkerchief and a bit of lace, and I forgot to mention it to the Magistrate in my flurry, but I now produce them—I found them in the prisoner's pocket—I did not, at the time, think of mentioning it; but when I returned to the station-house, I knew the property to be the property found on the prisoner.
Cross-examined. Q. On your oath, are you sober? A. Solid and sober—I certainly cannot say but that I have had a pint of beer—no spirits—I do not say but what the pint might not have been filled two or three times—I will swear I have not drank a whole pint of beer—no spirits to make me intoxicated, nor to be banished by any person in the living soul.
HUGH SANDILAND . I am a policeman. During the time prisoner was at the station-house, before he was locked up, the prosecutor was there, and repeatedly asked the prisoner what he had done with his money—he said his money was in his bundle—the prosecutor then asked him what he had done with the bundle—he said he had thrown it down in a gate inside a field—that was all that passed at the station-house; but during the hours I was visiting him in the cell, he asked me how the old man was (meaning the prosecutor)—I told him he complained of the back of his head—the prisoner said he had not struck him over the back of his head; he only struck him twice in the face in front.
Cross-examined. Q. I suppose you said that before the Justice? A. Yes—that was all he said—he did not say the other man struck him first—I cannot say whether he was asked the question—he said he quarrelled and fought—I have seen Richards—he does not seem quite so sober as he should be.
COURT. Q. Have you know much of him? A. He has been in my division from the commencement.
JOHN JAMES PORTSMOUTH . I am a watchman at Brentford. Between eleven and twelve o'clock, on the night in question, I saw the prisoner and prosecutor together at Brentford-end, in the parish of Isleworth—the prosecutor asked me if I could tell him where he could get a bed—I told him he could not get one there; that he might if he went on to the night-house at Hounslow—the prisoner said, "Come along with me, I will take you to the night-house," and they walked on—they both appeared to me to be sober.
Cross-examined. Q. How far is the night-house from where you met them? A. About a mile and a halfit was between eleven and twelve o'clock—it would not take them five hours and a half to get from where I saw them to the night-house. THOMAS FENNER re-examined. The prisoner struck me first in my face, and he repeated the blow, and said, "D—you, now I will do for you"—I
bled very much from over my eye—it was between eleven and twelve o'clock at night.
Q. What were you doing between eleven twelve o'clock at night and five o'clock in the morning? A. I had been to the station-house after the robbery—I walked on and met a wagon which appeared loaded with fruit—I told what bad happened—they said they had seen nobody—I did not go to any public-house between that and five o'clock in the morning.
Prisoner's Defence. The gentleman says false—in the first place, the first night when we came up together we came to the Star and Garter and had a pint of beer—I bid him good night and returned home—I had got about half a mile beyond Brentford when I turned round and saw him running after me—he said, "I want you to go to London with me in the morning"—I turned back to the Star and Garter and had gin and cloves—we then called at the Windmill and stopped there—he had a glass of gin and I had cloves—in the morning we walked on to the house where the woman stop with fruit—we had breakfast and went on to London—we went into a wine-vaults in George-street—I stopped there while he got his lace out of pawn, and went to Red-lion-street—we had a pint of beer, and at another house had two pints of half-and half—we then went to another house in John-street—he gave me a penny to get beer while he went to his son's house—he came back and said, "John, I have had no luck, I will give you a dinner"—he then went to a pawnbroker's and bought me a pair of trowsers, and said, "John, I want to go over the water"—we went over Westminster-bridge and got lost—we had four or five pints of beer and a quartern of gin—we got to Vaauxhall-bridge and inquired our way to Westminister-bridge—when we got there he said, "I want to go to Dobree's"—we lost our way again and went to Chelsea, and returned to Hyde-park-corner—he said, "I will not go to Dobree's, it is a long way, we will go to the Windmill and sleep to-night"—when we got there it was shut up—we walked to Brentford-end, and I could not see a house open—he asked the watchman where we could get a bed, and he said at the night-house—I said I will go with you there—when we got nearly opposite the Alcove, I said, "My house is just hare, you can sit up or go to bed if you like"—he said, "I would rather go to the night-house"—I said, "I will go with you"—on the road we had a few words and fell out—I struck him and he sturck me over the nose—he was down and hallooed "Murder"—I said, "You need not call murder, I am not going to do more"—he struck me again, and said, "Pray have mercy on me"—he got up and said, "Come to the night-house with me and see me safe there, and then you can go home"—I said, "I will not go further with you"—he said, "D—you, I will do for you tomorrow," and then I left him.
NOT GUILTY .
Fourth Jury, before Mr. Recorder.
GUILTY . Aged 30.— Confined One Month.
1681. EDWARD MELLISH and WILLIAM HARRIS were indicted for feloniously breaking and entering the dwelling-house of William Burt, on the 26th of June, at St. James's Westminster, and stealing therein 1 pistol, 1l. 5s.; 1 case of drawing-instruments, value 18s.,; 1 pair of compasses, value, 10s.; 1 rule, value 10s.; 2 watches, value 2l. 10s.; 2 seals, value 1l.; 1 pencil-case, value 5s.; 1 coat, value 1l.; 1 flute, value 1l.; 1 snuff-box, value 1s.; 12 pence and 40 halfpence, the goods and monies of the said William Burt.
WILLIAM BURT . I am a builder, and live in Vine-street, in the parish of St. James's Westminster. Mellish has lived in my service for the last twenty months as carter—on Sunday, the 26th of June, I left my premises in care of Charles Lane, at eleven o'clock in the morning—he is about sixteen years old—the counting-house desks were locked at that time, and I had the keys with me—I returned about a quarter before twelve o'clock at night, and found Lane there and two policemen—I went into the counting-house and found both my deskes broken open, and missed the articles stated in the indictment, which are worth about 9l.—all the articles were safe in the counting-house when I left in the morning, except the flute and snuff-box which were in the parlour adjoining—I lost 1l., 10s., in copper off the parlour-shelf—there were twelve pence, I am certain, and the rest in halfpence.
CHARLES LANE . I am the prosecutor's servant. On the 26th of June I was left in charge of the house—Mellish had been there about six o'clock that morning to do the horses—I left the premises at five minutes after eleven o'clock—I locked every thing up perfectly safe, as I always did, and went away—the counting-house door was locked—the parlour door was locked and the street-door, and the window were down—I left the key of the gate at Mellish's house to enable him to feed the horses—that would only enable a person to open the gate, not to get to the count. ing-house or parlour—I came back about half-past ten o'clock at night—I got a light and discovered the counting-house door was broken open—I applied to Bishop, the policeman, and on searching the counting-house found the desks all broken open, and the iron chest had been attempted, by the marks of a screw-driver which was found driven into the top, of it, bat it was not opened—I went into the stable and found a crow-bar there which was used to draw the linch-pins of Mellish's cart and was usually kept in the stable—that crow-bar was applied to the marks on the counting house door and matched exactly with it—Bishop applied it—there was a hatchet in the counting-house on one of the desks, which matched exactly with the marks on all the desks.
Cross-examined by ; MR. PRICE. Q. Whose crow-bar was it? A. Mr. Burt's—and the screw-driver is his.
Cross-examined by MR. DOANE. Q. What time did the prosecutor go out? A. About twelve o'clock—he told me to take care of the premises till I left—I left in five minutes—he knew I should leave then—nobody could get into the stable unless they had the key from Mellish—the crow-bar was in the stable of which he had the key—there are large wooden gates to the premises, and Mellish had the key.
HUGH BISHOP (police-constable C 72.) On Sunday the 26th of June, I was called by lane to Mr. Burt's premises about half-past ten o'clock—I found the desks broken open and a chopper lying on a small desk which was broken open—I searched round to see if any body was concealed there—I then compared the chopper with the marks on the desk and found they corresponded exactly with it—I compared the
crow-bar with the marks on the door, and they corresponded exactly in width—there was a quantity of grease on the counting-house door and the same on the crow-bar—I apprehended Mellish on the Monday morning, about half-past three o'clock, in King-street, Golden-square—I told him I wanted him for a robbery at Mr. Burt's—he said, "I know nothing of the robbery"—I asked him if any body had been down the yard with him—he said there had not, but he afterwards said on the way to the station-house that he must own there had been a person down with him—that might apply to the time he had been to do the horses—he did not say who it was.
Cross-examined by MR. PRICE. Q. Was the grease the sort of grease which is found on the linch-pins of wheels? A. Just so.
COUNT. Q. Was the same sort of grease on the counting-house door? A. It was—there was nothing to account for the grease on the counting-house-door except from the instrument being applied to it—it was the lock side of the door—the crow had been driven into the rabbet near the lock which would enable a person to burst it open—I did not search Mellish's lodgings.
ABIGAIL HOCKET . I am a window in service at No. 5, Vine-street, On Sunday, 26th of June, I saw the prisoner Harris after eleven o'clock—I cannot exactly say how much after—it was before twelve o'clock—I saw him open the gate and go into Mr. Burt's yard—he went up to the gate and appeared to open it with the key—whether any body was with in at that time I do not know—I saw the two prisoners together about twenty minutes afterwards—it was before one o; 'clock—I saw them go down into Mr. Burt's yard at the same gate together, and I saw them come away about twenty minutes after they had gone in.
Cross-examined by MR. PRICE. Q. Are you servant to Mr. Burt? A. No—at the next house, Mr. Mumford's—I was cleaning the sitting-room which joins the gate—I looked through the window and could see them open the gate and go down—I could not see to the stable—I merely saw them go in at the gate—they appeared to go in with a key—it was the two prisoners—I knew them—I knew Mellish to be Mr. Burt's servant—I have seen the other when I have been going on errands to the public-house.
Cross-examined by MR. DOANE. Q. Who did you first see go in? A. Harris—I am quite sure of that.
THOMAS HOBBS (police constable C 85.) In consequence of information on Monday the 27th, about ten o'clock I went to George-street, St. Giles's and apprehended Harris there—I told him I wanted him for a burglary at No. 5, Vine-street, and told him a few articles were stolen from there—in going along the street, he said, "It is no use my telling you a lie, here they are," giving me from his pocket the pistol and the case of instruments a rule, and pocked-comopasses—I took him to the station-house, and searched him further—he said he had nothing else about him, that it was given him to make away with—that he was drawn into it, and he knew nothing of the robbery—I had not mentioned the whole of the articles to him then—I think I named the double-barrelled pistol and some watches to him.
Cross-examined by MR. PRICE. Q. Did you find Harris at his lodging? A. No—I found him in George-street, St. Giles's—several things were mentioned—he said he knew nothing of any more—I searched him and found nothing more—I believe every article was mentioned to him at the station-house—I searched him twice—I found nothing but what he gave me.
JURY to MR. BURT.—Q. Have you any knowledge of Harris? A. Not
the least—he had no business on the premises—I know pistol and all the things produced to be mine—I have not found the rest of the articles—Mellish lodged in King-street, Golden-square—I searched there on the night of the robbery; but found nothing—he was not at home—it was about twelve o'clock—he was then going to his lodging I understand—the officer apprehended him near his lodging—I took the keys of the desk and parlour with me, but not of the counting-house door.
Mellish's Denfence—I know nothing of the robbery.
Harris's Denfence—They were given me to dispose of.
CHARLES LANE re-examined. I locked the counting-house door and the gate—Mellish had the key of the stable and of the gate—I called at his house at night for the key of the gate, and his wife gave it to me—he was not at home—there was no mark of violence on the outer gate nor the stable door.
Mellish. It is true I have one key brought to me, but the key of the stable is left in the door all day and the door left open for air for the horses. Witness. The stable door is always locked up on Sunday, but the key hangs up on the premises, in the lobby, for him to get at—nobody but him, or people on the premise, know where to find it—the door is left open on week-days but not on Sundays.
MELLISH— GUILTY . Aged 28.
HARRIS— GUILTY . *Aged 29.
Transported for Life.
JOHN POUNTNEY . On the 26th of June, about past five o'clock in the morning, I was going from Whitechapel, down Petticoat-lane, towards home, and met the prisoner with another girl—they both asked me if I would treat them, two or three times—I said I had no objection if there was a house open—they took me down George-yard, but the house was not open—I sat down on the bench, and one of them sat in my lap in the open yard, and the prisoner sat on the left-hand of me and put her hand into my pocked—I said if she did not take her hand out of my pocket I would knock her down—I wanted to get up, but could scarcely get away—at last the girl got off my lap and they both ran away—I felt in my pocket and my money was gone—I caught hold of them both, the other one tore her shawl and got from me—I called "Police"—the policeman came up and the prisoner threw 10s. 5d. out of her hand—the prisoner is the one whose hand was in my pocket—I found the money safe after she took her hand out—but she put her hand in again directly after and took it—I felt her hand in my pocket—I lost between 17s. and 18s.
prisoner It is false, he treated us with gin, at a public-house in Whitechapel. Witness. No, I did not—I went into a public-house in whitechapel and found them there—they saw me have money there, and followed me out—I did not treat them, to the best of my recollection—I never gave them any gin—I gave them a draught of beer at the winevaults, and they followed me out, seeing I had money in my pocket when 1 paid for the beer—I gave an alarm of police, and one woman got away from me—Stracey, a constable, came to my assistance, and the prisoner threw 10s. 5d. out of her hand, I saw the money fall—I pulled her down with me, and picked up 9s. 5d.—I had some half-crowns and halfpence among the money I lost.
prisoner Q. Did not you meet me in Aldgate? A. No—I did not go to a coffee-shop with you.
prisoner He came into the wine-vaults where I was sitting down, and sat down by the side of us—he called for a pint of porter, and asked us to have something to drink, and we refused, saying we had quite plenty, and were intoxicated—he called for half a quartern of gin, and I said it was quite plenty among us three. Witness. They asked me to give them something to drink, and I gave them the pot with the porter in it to drink out of—I did not call for a half-quartern of gin.
JURY Q. Had you been out all night? A. Yes; it is a thing I never did before—I have a wife and family—the girls wanted me to go home with them and lay between them, and I would have nothing to do with them—but they pressed me very much.
JAMES STRACEY . I am a policeman. I took charge of the prisoner, on the complaint of the prosecutor, in George-yard, at about half-past five o'clock on Sunday morning—just before I got up to them I saw the prisoner throw her hand out, but did not see any thing fall from it—I was too far off—when I got up, I saw some half-crowns and shillings—the prosecutor said she had robbed him of nearly 1l., in silver—he picked up two half-crowns and 4s., 5d. and I picked up shilling
from the same spot, close to her—there was a bench in the yard, within seven or eight yards of the spot—the prisoner said, "So help me God, it was not me that threw the money away, it was the other woman, who ran sway"—just as I entered George-yard, I saw a woman run, as if from the prisoner had hold of the with her shawl hanging over her shoulder—the prosecutor and prosecutor, prisoner when she threw her hand out—I thought she threw something—and when I saw the money, I considered it was what she had thrown down—I think her words were, "It was not me that had the money"—I took her to the station-house, and she there gave up 3s. 2d., and said, "That is every farthing of money I have got, and that belongs to my husband"—I asked if she had any more—she said no, she had not—I sent for Backhouse to search her.
Prisoner. Q. Did you see me at a coffee-shop at half after five o'clock? A. I saw you in the Minories, with the woman who ran away, at four o'clock, nearly three quarters of a mile from this spot.
ELIZABETH BACKHOUSE . I searched theprisoner, and found 3s. 8d.—one half-crown, one penny, and two halfpence down her bosom, and one shilling in her left boot—when I found the half-crown she said, "Keep it, if you give it up I shall be transported"—I told her I would not, that I must give it up—she said, "Then throw it down the water-closet"—I said, "I must give it up"—she said, "If you must, you must."
Prisoner's Defence. I am quite innocent.
CHARLES KELLY . The prisoner is my sister. I gave her 4s. last Sunday morning at two o'clock—I had 10d. out of it, leaving her 3s. 2d.—she always kept good hours but she got along with a bad character who deluded he away that morning—I work at Billingsgate, and am obliged to be up carly and late—she lives with my mother un Hare-street, Bethnal-green, and gets her living by washing and helping
mother to wind silk—the prisoner is my sister—I am not her husband—when any body wants to insult her I goes as her husband.
Q. Do you mean to swear she is your sister?
prisoner I am not, my Lord.
GUILTY . Aged 20.—Recommended to mercy.— Confined Six Months.
NEW COURT,—Wednesday, July 6th, 1836.
Sixth Jury, before Mr. Sergeant Arabin.
1683. HANNAH FLETCHER was indicted for stealing, on the 6th of June, 4 shirts, value 30s.; 6 knives, value 3s.; 6 forks, value 2s.; 1 bed-curtain, value 10s.; 1 waistcoat, value 6s.; 3 wine-glasses, value 2s.; 1 cap, value 3s.; 1 goblet, value 1s. 6d. 1 apron, value 1s.; and 1 handkerchief, value 1s.; the goods of William Alexander, her master. Also, on the 18th of June, 3 sheets, value 1l. 16s.; 1 table-cloth, value 12s.; and 1 pillow-case, value 2s.; the goods of John Mixer, her master; to which she pleaded.
GUILTY . Aged 52.— Transported for Seven Years.
MR. BODKIN conducted the Prosecution.
SUSANNAH HILL . I am the wife of William Hill, who keeps the Marquis of Granby, at Pimlico. On Monday evening, the 27th of June, the prisoner came and asked for a pennyworth of gin—he threw down a shilling, which I took and marked with my teeth—I told him it was bad—he was taken into custody—I had seen him at my house about three months before, when he called for half a pint of porter, and gave my husband a sixpence—I told him it was a bad one—it was returned to him—this is the shilling he gave me.
JOHN LEWIS (police-constable B 162.)I was called in and received this shilling—I did not search the prisoner before he was taken to the station-house—but on going along, I saw him throw something away—I searched there that evening and next morning, but found nothing—I told Larcombe what I had seen.
THOMAS JACKSON . I was at Mr. Hill's house, and followed the prisoner—in going to the station-house I saw his hand was closed, and he threw away something in the direction of a glass frame in a garden.
JOHN LARCOMBE . I am a gardener, and live in Ebury-square. In consequence of what the constable told me, I looked into a garden—I found a glass frame, which had a hole in it, and under the hole I found a shilling, which I produce—the hole appeared to have been made by the shilling.
Prisoner's Defence. I left work on Monday evening. Coming through Holborn I changed half-a-crown, and bought two oranges—I had 2s. 4d. change—I spent, with some shopmates, 1s. 4d.—then I went to Mr. Hill, and bad but this shilling—I deny having thrown any thing away.
GUILTY . Aged 27.— Confined for One Year.
1685. WILLIAM ASHWELL was indicted for stealing, on the 30th of June, half a bushel of bones, value 1s.; 1 iron pot, value 1s.; half a bushel of rubbish, value 1s.; half a bushel of refuse, value 1s.; and half a bushel of filth, value 1s.; the goods of John Darke, his master.
(MR. CLARKSON conducted the Prosecution.)
HENRY COLSELL WINGFIELD . I am clerk to the Paving Committee of St. James's Westminster. I am attesting witness to the execution of this contract—it vests the dirt, filth, and rubbish in John Darke, for twelve months, for 100l., and the cleaning of the streets, for about 1000l.
CHARLES LOWMAN (police-constable C 151.) Between eleven and twelve o'clock, in the forenoon of the 30th of June, I was on duty in Hopkin's-street, St. James's and saw the prisoner coming up the street, with a bag on his back—I followed him to Husband-street—he went into a marine-store shop—I followed him—the bag was then in the scale—I asked what he had got there—he said it was no business of mine—I looked into the bag, and found an iron pot, some bones, rubbish, and filth—I told him he must come with me to the station-house, which he refused, but afterwards said he would show me the shop where he took the dust from, and took me to Saunders—he said it could not be expected they could live upon 1s. 3d. a-day, without picking these things out of the dust, and they had been in the habit of doing it for the last twenty years.
JOHN SAUNDERS . This dust and rubbish and bones came from my house, which is in St. James's Westminster—the bag was not mine—I cannot speak to the bones, but I know the pot—I cannot tell whether the prisoner had been in my house.
JOHN DARKE . I am contractor for the dust and rubbish and filth of the parish of St. James, Westminster. The prisoner was one of my men—I have about 100 in my employ, and think I have lost from each lead to the value of 1s., of which, in the course of the year, I had from 20 to 30, 000—two or three days before the 30th of June, I spoke to my servants, in my yard, and I believe the prisoner was there—I would not undertaken to swear to it, but all my servants knew well that I did not allow this—the bag was not mine.
Cross-examined by ; MR. DOANE. Q. Do you not fine your men 5s. when there had been any thing found to be taken by them? A. Yes but that was formerly, not lately—I have cautioned my men, and this man in particular—they have 6d. a load for collecting.
GUILTY . Aged 19.—Recommended to mercy by the Jury and Prosecutor.
Confined Seven Days.
WILLIAM LANGTON . I am a gentleman. On the 24th of June I was near Temple-bar, and felt something twitch my pocket—I turned—no one was near me behind—I looked in front, and saw the prisoner a few yards off, with his two hands behind him, under his coat—I took him, and found my handkerchief in his hand—I gave him to the first policeman.
Prisoner I picked it up against a pastry-cook's shop, and having no place to go to I kept it. Witness. I had not used it from the time I left the Castle and Falcon till I took it out of his hand.
GUILTY * Aged 17.— Transported for Seven Years.
1687. ISABELLA MORRIS was indicted for stealing, on the 4th of June, 3 shifts, value 6s.; 4 stockings, value 2s.; 1 handkerchief, value 5s.; 1 cap, value 1s.; 1 habit-shirt, value 3s.; and 2 yards of ribbon, value 1s.; the goods of Valentine Howell.
SARAH HOWELL . I am the wife of Valentine Howell, a confectioner, in Duke-street, Manchester-square. A lady named Farquharson had left goods in my house, for which we were responsible—the prisoner came to nurse a lodger of mine, named Bolton—I recommended her to her—she was there a month within two days—I saw she had a cap on belonging to Mrs. Farquharson, and the next day we spoke to Mrs. Bolton, who called her into the drawing-room, and asked if that cap belonged to her—she said yes, it was given to her, with two others, by a person who was dead—she had given two away, and this was the other one—she was then paid, and left—after she was gone, it was intimated that she had a shift belonging to Mrs. Farquharson—we then got an officer and had her taken—these things were deposited in a room adjoining the one the prisoner was in—some other articles were then missed—the prisoner said we were perfectly welcome to look for things, for she had nothing belonging to any one but herself—I asked if she would allow me to look at the shift she had on—she said, "Certainly"—I looked, and saw it saw it was one of Mrs. Farquharson's—we then searched and found these other things in her room.
JAMES NOBLE . I went to the prisoner with Mr. Howell's boy—I told her that Mrs. Howell missed some baby linen—I sent for Mrs. Howell—she asked the prisoner to look at the shift she had on, and said it belonged to Mrs. Farquharson—the prisoner said it was not her own—Mrs. Howell then looked in her boxes, and found these other things, which she said were Mrs. Farquharson's.
SARAH HOWELL . Here are two shifts, (one I allowed the prisoner to keep on)—I have looked at these things, and they are all Mrs. Farquharson's—when the prisoner was accused of having one of these shifts on, I saw part of the mark on it, and the remainder she tore out herself—the mark has been torn out of the other two—they are here in the same manner—the one she tore while we were there—she has one shift on now.
(Mrs. Barnfield, a schoolmistress, and Mrs. Pope, gave the prisoner a good character.)
GUILTY . Aged 38,— Transported for Seven Years.
1688. MARY DAWSON was indicted for stealing, on the 16th of June, 1 watch, value 2l.; 1 watch-chain, value 15s.; 1 seal, value 1l.; and 1 key, value 5s.; the goods of William Henry Harvey, from his person.
WILLIAM HENRY HARVEY . I am a smith, and an married. On the 16th of June, about three o'clock in the day, I fell in with the prisoner in a street in Somers Town—I hardly know what street it was—I was not drunk nor sober—I did not know her before; we got in chat together, and we went to two public-houses—we went to Mr. Dobell's at last, in Gray's Inn-lane, about five o'clock—I had a watch and seals in my fob—I sat down and drank on a seat before the bar—I spent the afternoon with her—I did not give her my watch—I recollect the landlord showing me my watch—I had not missed it—I was sober enough to know I did not give it to her.
; ISAAC DOBELL . I keep the Talbot, in Gray's-inn-lane. About six o'clock that evening the prosecutor and the prisoner came in and sat on a stool—I think they might be there ten minutes, when I came in at the door and
saw the prisoner draw the watch from the prosecutor's fob and put it behind her—I walked up to her and said, "My lady, this won't do here," I took it out of her hand and said, "Is that your husband?"—she said, "No"—I awoke him up—he was a little dozy—I said, "Is this your watch?" he said, "Yes"—there was a policeman at the bar, and I gave her in charge.
prisoner Q. You said you saw me put it on the bench? A. No, you had it in your hand and I took it from you.
PETER DIXON (police-constable G 222.) I was at Mr. Dobell's between six and seven o'clock on the 16th of June—the prosecutor and the prisoner sat there—the prosecutor fell asleep—I saw the prisoner draw the watch and put it behind her, as she was pulling him about, and then I told Mr. Dobell I was an officer in plain clothes—I took her.
(Property produced and sworn to.)
Prisoner's Defence. I met with this man—I did not want to keep his company—when I came to the toll-gate I spoke to the toll-man to try and get rid of him, but he still followed me—I said, "Keep away from me, I am in a hurry to get home"—he still followed me—he said, I should have something to drink—I said, I had something to drink before—he urged me, and I said, I would take a little beer—he brought ale—and then he said to a man and woman, "What are you going to have to drink?"—they insisted on my drinking with them—I drank one glass of gin and peppermint, and I do not know what became of me from that hour to this.
GUILTY . Aged 40.—Recommended to mercy by the Jury.
Confined Six Months.
ELIZABETH METCALF . I am the wife of Jacob Metcalf, and keep a shop in Great Marylebone-street—on the 26th of June, between one and two o'clock I heard a noise in the shop—I went in and saw the prisoner—I saw the glass-case door open and some horns were taken out of the window—I laid hold of him—he begged for mercy, and took these six horn cups out of his two pockets and put them on the counter.
Cross-examined by MR. PAYNE. Q. Where were they when you left the shop? A. In the glass case—it was shut—I swear I saw him take them out of his pockets when I laid hold of him—I have always given the same account of the transaction—the glass-case door was open—no one else was in the shop—I called my husband to take him—any one in the shop could see if there was any one in the parlour, or they could bear us talking—my husband and I were at dinner—those horns were not upon the counter—the prisoner was not looking at them—they were in his pockets—he did not ask the price of them—not as I can recollect—he made use of some more expressions, but what I cannot recollect.
Cross-examined. Q. How much are they worth? A. £3—they are sold from 10s. to 12s. a piece—I do not know where they were before—I might not have seen a person come into the shop, as my back was towards
him—he was searched in my presence at the officer, and 15s. I believe, was found upon him.
prisoner I went to purchase one—an elderly man came out in a waistcoat with green sleeves—I went in and put three horns on the counter, and was asking the price—she called her husband and said I wanted to steal them—I begged her not to disgrace me—this is the handkerchief I took out of my pocket at the time, and the horns were on the counter.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Six Months.
THOMAS TUFFS . I live in Middlesex-street, and am a general dealer. This bridle and saddle are mine—they were in a stable at Mr. Hunt's, in King's-head-yard—I left them there a fortnight ago, and missed them on the 25th of June—the prisoner lived four mouths with me, and left five or six months ago—he then lived with me again, and had left me about a month before this—he called on me again and said he was out of a situation and asked for employment.
THOMAS HUNT . I am son of Thomas Hunt, who keeps a livery stable. Mr. Tuff's horses stood there—I know his saddle and bride—these are them—I did not know the prisoner till he came to my father's yard last Saturday week—he said that Mr. Tuff had bought a new horse, and he wanted his saddle and bridle to go and fetch it home—I gave them to him.
WILLIAM ANDREWS . I am a saddler. Brett, a livery-stable keeper, brought the prisoner to me to sell this saddle and bridle—he asked me 25s. for it—I said it was mote than it was worth, and offered him 18s.—I bought it of him—Mr. Brett said he had known him some time—the prisoner said he took it for a debt, of a man who owed him some money—I sold them again, and I took the prosecutor to the person I sold it to.
GUILTY . Aged 19.—Recommended to mercy.— Confined Three Months.
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 32.— Confined Six Months.
GUILTY .*Aged 30.— Transported for Seven Years.
JOSEPH JOYCE . I live in Nottingham-street, and am a grocer. On the 29th of June I was at dinner, and saw a man's head at my door—I went and saw the prisoner taking a cask of mine up the street, about six or eight doors off—he said he was going to take it to a man in High-street, who would give him 2d. for taking it—I stopped him, and gave him to the officer, who went with him to High-street, and them he said he did not know where he was to take it—it had been at my door, and be moved some boards to take it.
Prisoner's Defence. I live at Whitecross-street. A man had this cask and his hand upon it—he said he would give me 2d. to take it to High-street.
GUILTY . Aged 53.— Confined Six Months.
ESTHER FRAILEY . I am in the employ of Mr. John Carter, a potato-salesman. He has two shops—I attend one in Rosemary-lane-the prisoner assisted in the shop is in Whitechapel—on the 23rd of June I sent the prisoner to the other shop, with 18s. in copper, in one bag, and 10s., in silver in another—I put a paper in the bag, stating the amount, but that was lost.
Cross-examined by MR. DOANE. Q. You carry on that branch of the business? A. Yes—I do not get a share of the profits—this was money I had received in the course of the business for goods.
Cross-examined. Q. Are you quite sure you have stated what is correct? A. Yes—I have mentioned the sum of 7s. before—I counted it from five to ten minutes after it came—he gave it my daughter, and she gave gave it to me—I put it down on the table and counted it—I did not state that the bag left my hands before I counted it.
COURT. Q. Your daughter was there? A. Yes, she took it in, and then I took and counted it—I do not know whose hand-writing this paper is—I do not know the prisoner's hand-writing—I saw the bag put into my daughter's hands—she could not have opened it without my seeing it—she was not out of my presence.
NOT GUILTY .
JOSEPH HENRY ADAMS . I cart hay to town for Mr. W. Shepherd, of Great Warley, in Essex. I was in town on Thursday, June the 30th—I came with straw that day—I had some money of my master's about me, which I brought up to pay for things—I met the prisoner Leeds at a little after nine o'clock in the morning, as I was going up Whitechapel—I had got to town about eight o'clock—she asked me if I would go home with her—I asked her where it was—she said, "Just up the street"—I went home with her—I asked if she had any man at home—she said, no, she had got a room of her own—she took me up three pairs of stairs—she went in the room, and closed the door—I gave her 1s.—she
turned it over a good many times, and then said it was a bad one, and asked me to give her another—I refused—she said, if I did not give her another she would call a man—I said I would give her that shilling to let me go—she said I should not go out—I said I would jump out of window—she caught hold of my back and called Brown and he demanded another shilling—I said I had no more—he said, I was a b—y liar—she came to me to search my pockets—I put my hands into my hands into my pocket, and pulled out 2s. 6d.—she snatched it out of my hands—the man bolted the door and stood with his back against it, and would not let me go out—she gave the man 1s. of the money—she had 2s. and 2s. 6d. of me—before I gave the money, the man demanded 1s. for the room—the woman pulled me about, and said she knew I had more money, and why did I deny it—I had got more money, she knew—she was going to feel my pockets again—I put my hand in, and pulled out a half-crown and a sixpence, and the man snatched the half-crown, and the woman the sixpence—he went out of the room. I ran after him, and she after me—she called to him to throw the pot at my head, and knock me down—I got out of the house—I had got my master's money all safe, in the front of my shirt—I told the policeman of this, but they were gone—they were taken the next morning in bed, I believe—I am sure they are the same persons.
ROBERT BACKHOUSE (police-constable H 92.) The prosecutor complained to me that he had been robbed—I went in pursuit of the prisoners—I found them in bed the next morning, at No.102 Wentworth street—it was the same house and the same room—I told Leeds I wanted her for robbing a countryman—she said, "So help me God, I did not rob him I only bilked him"—I said to Brown, "You are equally guilty"—he said, "I only went to the room-door, and demanded 1s. of him."
Leeds's Defence. This young man came and asked me to take him home—I took him to this place—I asked him what he was going to give me—he said, "A shilling," and he gave me one—I said, "Wo'nt you give me 1s. for the room?"—he said, "Yes"—he gave me 1s.—I called this man, and gave it to him—then I asked him if he would give me any more—he said, he would give another 1s.—then he unbolted the door, and went down, and I never saw him till I was taken—I never saw any money of his,
Brown's Defence. I was called, and took 1s. for the room—that is all I known of it.
LEEDS— GUILTY . Aged 21.
BROWN— GUILTY . Aged 22.
Transported for Fourteen Years.
WILLIAM PLUMB . I am a boot-maker, and live in Hart-street Covent-garden. About one o'clock in the morning of the 29th of June, I was out with a friend in Short's-gardens—I went into the White Horse public-house—I saw the prisoner and another person, and two or three girls—I was drinking gin and water—I felt for my handkerchief and it was gone—I looked round and the prisoner and his friends had gone out—I went out, and caught hold of two of them—I was going to catch the prisoner and this handkerchief of mine dropped from behind him—I caught him, and the policeman came up and took him.
Cross-examined by MR. PHILLIPS. Q. How did you happen to be out so late? A. I had been out with some work, and stopped and had some
supper—I have carried on my business in Hart-street, Covent-Garden, not a fortnight—I was a sergeant in the police five years and a half—I resigned on Saturday-week, because I would not be reduced—they were going to make a private of me, because I was reported for being a little the worse for liquor—there was a charge made against me five years before—the policeman saw me pick the handkerchief up—I have not been talking to any one about expenses for being here—I never said I would come up in plain clothes, that I might get expenses, nor any thing like it—the friends of this boy came to me to speak about his character—I said I did not want to hurt him, but I had seen him when I had been on duty and warned him.
WILLIAM CATCHPOLE (police-constable F 24.) I was on duty at one o'clock in the morning, in Short's-gardens—I came up at the time—I was on the opposite side of the way, and saw the prosecutor had hold of the other two—they got away—he then crossed and got hold of the prisoner—I saw the handkerchief laying against his feet.
Cross-examined. Q. When you saw it, was it on the ground near them both? A. It was against his feet, near them both.
1698. CHARLES THOMAS and JOHN WILSON, alias Joseph Banks , were indicted for stealing on the 10th of June, 1 purse, value 6d. the goods of Sarah Nicholls: and 16 shillings, and 4 sixpences, the monies of Henry Locock.
SARAH NICHOLLS . I live with Mr. Henry Locock, of Myddleton-square. Mr. Brown was our chimney-sweeper—on the 10th of June, I saw the prisoner in the kitchen—they had then finished sweeping the chimney as far as they could—they said they were too large to get up—they wanted to no away and get a little boy, but we missed a purse, and some money, which had been in the dresser-drawer, in the kitchen?—I had seen it secure the evening before—it was then clean, and no one been in the house but me and the servants—we had been absent from the kitchen, and when we returned the purse was gone—the prisoners then wanted to go away—they went into the hall to go—I said, I was sure they had robbed me of the money—I locked the door, and sent the housemaid up to tell my master—I stood in the hall—Thomas then went down and said he would go and sweep the soot up—he was down for some time—I saw the purse after it was found—they said, they came from Mr. Brown—this is my purse.
JEMIMA LOCKWOOD , I am in the service of Mr. Locock. At a quarter-past five o'clock the prisoners came to the area gate, and rang the bell—they walked down into the front kitchen—I went into the back kitchen and left them thee—I went into the kitchen again, and came out again, and then Sarah Nicholls told me to go and look for the, money—it was not there, nor the purse—I said they must have got the money—they denied knowing any thing about it—I asked if they came from Mr. Brown—they said, yes they did—they said, they were too big, they would go and fetch a little boy—I said they should not go—I went and told my master—he came down soon after—the purse was at last found by the nurse under the platebasket, under the dresser, all over soot.
contained four sixpences, and sixteen shillings—I found it at last under the dresser, behind the plate-basket.
Wilson. We had not been in the house any time before she accused us of taking a purse—the gentleman came and searched us—I gave him all the money I had, which was 3s. 1d.—I said I had not seem this money, nor the purse not had we.
(Ann King gave the prisoner Thomas a good character.)
THOMAS— GUILTY . Aged 19.
WILSON— GUILTY . Aged 19.
Transported for Seven Years.
FREDERICK BOZON . I know George Batty, He keeps an oil-shop on Moorfields'-pavement—on the 2nd of July, about eight o'clock in the evening I was passing close by, and saw the prisoner in company with a tailor boy, engaged at the shop-door—I said, "What are you about, you rascals?"—they walked off—I walked after them—the prisoner dropped a him—I took it up, and took it into the shop.
GUILTY .†*Aged 15.— Transported for Seven Years.
It being the property of John Marshall and another, the prisoners were
MICHAEL NOWLAND . I have worked at St. Katharine's Docks ever since they were built. On the 2nd of July I took my coat off in a hurry, and hung it in the warehouse "A"—Baddiley told me he had found it, and he had got the prisoner—I knew nothing of the prisoner before—this is my coat—it has the knife in the pocket of it.
SAMUEL BADDILEY . I am an officer in the Docks. On Saturday, the 2nd of July, the prisoner was coming out of the gate—he had this coat on—I asked him how he came by it—he said his father gave it him, who was a cooper working in the wharf, and his name was Young—I took him, and then he said a boy gave it him.
Prisoner I was flurried, and did not know what to say.
GUILTY. Aged 14.— Judgement Respited.
JAMES PRICE . I am a pork-butcher. I lodge at Mr. Goodchild's a shoe-maker, in Mount-court, Mount-street—the prisoner was a workman there—on the 26th of June I went out with Mr. and Mrs. Goodchild, and left these things in the room where the prisoner works—I went out at six o'clock, and when I came back they were gone—I have known the prisoner twelve months, but never gave him these things, nor leave to take hem—he left no clothes of his own in place of mine.
WILLIAM YEOMANS (police-constable K72.) I found the prisoner in the Red Lion public-house, on Monday evening—he had all these things on—he said he knew they were not his own, but he had only borrowed them.
(Property produced and sworn to.)
Prisoner I took these things, as I had on one or two occassions before, though the party might not know it.
GEORGE HINE . On Monday evening, about seven o'clock, the prisoner and two more were about there—I saw the prisoner go to the shed door and wrench it open with a stick, and then shut it too again—he went in again, and brought out this fender, which I stopped him with—I have seen him there two or three times—he said if I would let him go, he would not do so again.
Prisoner I am very sorry, if you will let me go this time, I will not do so any more.
GUILTY . *Aged 13— Transported for Seven Years.
SAMUEL COOPER . I am a smith. On the 2nd of July I received 2l. 2s. 6d. from Atkins, the foreman, and we were at the Royal Sovereign, in some street, by a windmill, with Juniper—we found the prisoner there in company with another female—there was some row, and they were making use of foul language—Atkins interfered, and the prisoner struck him over the head with a milk-pot—he then talked about a warrant—at last it was agreed to be settled, and the women were to have something to drink—we were to subscribe 6d. a piece—I subscribed, and there was a pot of porter brought in—I went to the prisoner's kitchen in another house, about a stone's throw form the public-house—I had my money about me then—I was very ill, and went into a yard—they then laid me on a bed—I do not know how I lost my money—it was in my right hand waistcoat pocket, wrapped up in a bit of blue glazed calio—there was 1l. 18s. 6d. altogether, one sovereign, and the piece of calico was picked off the floor.
prisoner He has told two falsehoods—I was not in the public-house—he and three more were in the house when I went in.
CHARLES THOMAS ATKINS . I am the foreman. I paid Cooper his wages, 2l. 2s. 6d.—he paid 2s. 6d. to different shopmates for little things, at the King's Head, where he received his wages—I wrapped up the prosecutor's two sovereigns in a piece of calico myself, and gave it him—we then went to the Royal Standard, and he changed one sovereign—the prisoner, and a woman who is next-door neighbour to the prisoner, were there—they addressed their language to me—I told them to keep their language to themselves, and then the woman hit me—Cooper then followed the prisoner to her house—Juniper and I went to the house—she said what would I stand to drink—I said I would be 6d.—Cooper took out his money and gave 6d.—I then told him to wrap up his money, which he did and put it in his pocket agian—the prisoner sent and got of beer—Juniper and Cooper drank some—Cooper was then ill, and went into the yard—she went and got him in, and laid him on the bed—I sat down in a chair, and the prisoner thought I was asleep—I saw her putting her hand over Cooper, and heard money jink—I told a young woman, and then I said to the prisoner, "You have been doing wrong, and you have got his money"—she said, "He cannot swear to money"—she then wanted to go out—I seized her hand—she struggled, and then the candle went out—she struggled very much—I called to Juniper, who had been asleep, but was awake then, to go and get a policeman—when they came in, the policeman heard the money go down—I had seen the calico in her hand before that, and I felt the money go out of her hand when I had hold of it.
WILLIAM JAMES JUNIPER . I saw the prisoner's hand in Cooper's pocket when he was asleep—I arose up—Atkins said she had been robbing him—I saw her have the piece of cloth in her hand—I went for the policeman, and in coming down I heard the money fall, but I had seen the cloth in her hand before.
Prisoner You cannot say that you saw the money in my hand. Witness. I saw the cloth in your hand.
WILLIAM GRIFFIN (police-serjeant K 11.) I was sent for between twelve and one o'clock on Sunday morning, and told by Juniper that one of his mates was robbed—I was going down the stairs and heard some money go on the ground—I went down and the prisoner was very violent—I told the constable to seize her—I picked up, in different parts of the room, 1l., 12s.—there is 2s. now deficient—I saw the rag on the ground, but did not think it of any consequence, but Atkins took it up and said that the sovereign was marked, because Cooper had questioned its being good, and marked it to know it again.
prisoner They all say falsely—I was led into it by their own behaviour.
GUILTY . Aged 29.— Transported for Seven Years.
1705. JANE CLAYWORTH was indicted for that she, on the 19th of June, at St. Dunstan, Stepney, feloniously and maliciously, by force did lead and take away a certain female child under the age of ten years, to wit of the age of two years, named Sarah Frances Johnson, with intent to deprive William and Mary Johnson, the parents, of the possession of the said child, against the statue.—2nd COUNT, stating her intent to be steal 1 bonnet, value 3s.; 1 frock, value 7s.; 1 pinafore, value 1s.; 2 petticoats, value 2s.; 1 shift, value 6d. 1 pair of shoes, value 2s.; and 1 pair of socks, value 4d. the goods of the said William Johnson, upon and about the person of the said last mentioned child; against the Statute, &c.
WILLIAM JOHNSON . I am a cabinet-maker, my wife's name is Mary. My daughter, Sarah Frances Johnson, is two years and six months old—my house is near the Turnpike-gate, in Mile-end-road—the child was in the habit of playing about the door—on the 19th of June neither I now my wife were at home—I came home and found the child missing—I went down the road and found her at the station-house—I had seen the prisoner about three o'clock, walking past the house—here is my child—she had the bonnet and other things on which are stated.
Prisoner I was very much intoxicated at the time.
MARY ANN JOHNSON . I live in Silver-street, Stepney, about three-quarters of a mile from the prosecutor. I saw the child—the prisoner was leading it by the hand—she appeared intoxicated—the respectable appearance of the child led me to suspect it was not right—I followed and watched her—the child went very quickly with her—I watched them to the middle of a small field at the back of my house, and there stopped her, and asked her where she got the child from—she said it was her own—I said it was false, it was not—then she said it was her sister's—I then followed her out of the field, and overtook Mrs. Ellis, and told her my suspicious—she went to her, and she told her it was her brother-in-law's who lived at No.23, Wellington-street—I still followed—she went round the corner, towards Whitechapel-road—I took Mrs. Ellis my suspicions were confirmed, and she went and took the child from her—I took it to the station-house—before I got there the parents came and took it—the prisoner could walk and could answer very well.
CHARLOTTE ELLIS . My husband is a bricklayer. I was standing at my door in George-street, at the back of the Maid and Magpie, and saw the prisoner go by with the child—Mrs. Johnson came and said, "I really believe that child has been stolen"—I went to the prisoner, and said, "That child does not belong to you"—she said, "It does"—I said, "I do not believe it"—she then said, "It belongs to my brother-in-law, No.25, Wellington-street"—I asked her name, and she said Gregory, and the child's name was Mary Ann—I still followed her, and took the child from her, and then followed her till she was taken.
JOHN BLENMON . I was going along, and saw the prisoner with this child—I knew the child by sight—I caught the prisoner's hand, and Mrs. Ellis took the child—the prisoner then ran away—I went and caught her, and told her I would give her some gin to come with me—I led her towards the station, and she was taken—she was well enough to run.
Prisoner's Defence. I had been to the Maid and Magpie with some friends, and they had made me tipsy—I know nothing farther—I have five children of my own.
GUILTY . Aged 43.— Transported for Seven Years.
prisoner came together, about ten or eleven o'clock in the morning—they wanted some diamond rings—I showed them a ring in imitation of a diamond with one stone—they said that was not the description they wanted—they wanted one with several stones in it—I then took one tray with twenty-four rings in it from the window—they were not diamonds but pearls and other rings—they looked at them—there was one they said they thought would suit them, but it was not for them but friend—I had counted the rings before—they then selected this one and said they would leave a deposit for it—I said what would they leave—they said 6d.—they searched their pockets and said they had no more than 4d—I said, "That will do—I will give you a memorandum of the 4d. "—I went to the upper end of the shop to write it—I called the proprietor, and he came—I then went and counted the rings—there was one missing—I sent for a policeman, and while he was searching them the ring fell on the door—I saw it under Wilson's feet—this is the ring.
THOMAS EMMETT . I was at home, and Bullen called me—I got between the prisoners and the door, and stopped them from going out—they attempted to go out—the ring fell (I think from Wilson)on the floor—we sent for a policeman and had them taken—this is the ring.
JOHN BANNISTER . I was at the shop—I saw a gentleman come into the shop at the time, and saw the prisoners pass a ring from one to another before the policeman came in, but when he came in they had each one in their hands—I saw Rowland put her ring back but not Wilson—they then said they would leave a deposit.
WILSON— GUILTY . Aged 18— Transported for Seven Years.
ROWLAND— GUILTY . Aged 19.— Transported for Fourteen Years.
Fifth Jury, before Mr. Common Sergeant.
1708. GEORGE GREEN was indicted for stealing, on the 24th of June, 20 pieces of steel, value 16s., the goods of James Esdaile and others, his masters; and that he had been before convicted of felony; to which he pleaded.
GUILTY . Aged 56.— Transported for Seven Years.
GUILTY . Aged 14.— Confined Two Months, the last week solitary, and Whipped.
GUILTY . Recommended to mercy by the Prosecutor— Confined Three Months.
MARY ANN BAKER . I live on Eyre-street-hill—the prisoner lodged in my house. On Friday, the 24th of June, she left—I missed a gown, a pair of stays, and an apron—I saw them on her person when she was taken—these are the things.
Prisoner The things were lent me.
GUILTY . Aged 27.— Confined Six Months.
1712. MARGARET SHAW was indicted for stealing, on the 11th of June, 1 shawl, value 9s.; and 1 handkerchief, value 1s.; the goods of Letitia Hibbert; and 2 handkerchiefs, value 1d., the goods of William Hibbert. her master.
WILLIAM HIBBERT . I live in Mount-street, Grosvenor-square. The prisoner was my servant—I searched her box, and found two handkerchiefs belonging to me, and these five duplicates—one is for a shawl of my daughter's.
prisoner His daughter said there was a pair of old stockings and a handkerchief I might have—the shawl belongs to myself—I took the handkerchief to wrap it in—his eldest daughter gave me the two handkerchiefs that were in my box.
GUILTY . Aged 19— Transported for Seven Years.
ISAAC GIGGET . I live in Laystall-street, Holborn, and am a farrier. I was working, on the 25th of June, at the shop in Great Ormond-yard—the prisoner came with a cost on—I had a waistcoat hanging in the shop and missed it just after he was gone.
(The prisoner received a good character.)
GUILTY . Aged 18— Confined Three Months.
ISAAC VALENTINE THOMPSON . I live in Upper East-Smithfield. Between one and two o'clock on the 17th of June, I went down stairs to take my dinner—when I left my shop, my coat was hanging on the corner of a bust—I was not down two minutes before I heard a noise in the shop—I went up, and my young man had got the prisoner with the coat—this is it.
prisoner take the coat out of the shop—I ran and caught him with it a few doors—this is the coat.
Prisoner I did not take it—a man was coming out, and he gave it to me. Witness. There was no other person there—he was going out with the coat under his arm.
GUILTY . *Aged 20.— Transported for Seven Years.
1715. ALEXANDER BEESLEY was indicted for stealing, on the 22nd of June, 5 metal cocks, value 2l.; 13 chain-cranks, value 26s.; and 11 lamp-pullies, value 10s.; the goods of William Jeakers, his master: and RICHARD DAVIS for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
WILLIAM JEAKES . I live in Great Russell-street, Bloomsburry, and am an ironmonger. Beesley was my porter—I have been missing several dozens of brass cocks, some cranks, and a great quantity of other things—I gave Beesley in charge—he was taken to the station-house, and said he was induced to take them by Davis—he acknowledged he had robbed me, and sold them to him—they were afterwards produced, and he said they were what he stole.
WILLIAM JEAKES . These are similar to what I have, and marked with the maker's name, but they have been taken out of the papers—I cannot swear to them—I have lost a great quantity exactly similar in every respect—they are my taps—they have been taken out of the papers—I cannot swear to them.
Beesley. I did take the cocks, but I bought the screws and other things.
DAVIS— NOT GUILTY .
BEESLEY— GUILTY . Aged 21.— Transported for Seven Years.
JOHN PHILLIPS . I am shopman to Mr. James Burrough, a linen-draper in High-street, Whitechapel. He had a piece of printed cotton on the 20th of June—I was showing it about five minutes previous to its being stolen—the policeman brought the prisoner back with it—this is it.
Prisoner I was very much distressed.
GUILTY . Aged 56.— Confined One Year.
GEORGE WALLIS . I am a labourer, and live in Little Dean-street, Soho. On Sunday night the 26th of June, between six and nine or ten o'clock, I was standing at the corner of Little Pulteney-street—I had three half-crowns, two shillings, and one sixpence, in my hand—a person came behind me, knocked my hand up, and knocked the money out—I was rather confused—he picked up the half-crown—I asked him for it, and he ran away with it—I did not run after him—I lost sight of him—I do not know who it was.
Cross-examined by MR. PHILLIPS. Q. What was it confused you? A. My money falling—I had not been betting with the prisoner, and lost half-a-crown, and refused to pay—I had not been drinking with him—I must have been drunk—I did not drink two quarts of ale—I was fined 5s. the next morning for being drunk—I had been drinking at home—I do not remember a syllable of what happened with me and the prisoner—I do not recollect that I was betting with him.
MARY ANN BEACHLEY . I am the wife of William Beachley, of Little Windmill-street. On Sunday evening I was at the public-house, and saw the prisoner and the prosecutor there together—Wallis came out, then the prisoner—they appeared to come out together—they were talking together, and there was ale before them—I did not see them drinking—they were talking about drinking ale and rum—I came out, and then I heard the prosecutor accuse the prisoner of robbing him of a half-crown—I thought it might be a spree between them—I saw what appeared to be a half-crown in the prisoner's hand, but I never saw it on the ground, not in the prosecutor's hand—the prisoner passed it behind his back, from one hand to the other—I thought it was a half-crown, but I could not see it distinctly—the prosecutor did not pursue him.
NOT GUILTY .
THOMAS CURTIS . I live in Broadway, Westminster, and am a cheesemonger. The prisoner was my servant-boy for two months—he was never allowed to serve in the shop but when there was a second person there—I was informed he had taken a shilling—I came and asked whether he had not got a shilling of mine from the till—he said nothing—I told him I was determined to prosecute—he made a sort of cry—I gave him to a policeman—he was taken to the station-house, and in one of his stockings were found twenty-three shillings in a piece of paper—I may have lost 5l. lately—he said he picked the money up—when the night-constable asked him whether he took the shilling from my till—he said he had, and it was mine—he had not a shilling when he came to me.
Prisoner I said no such thing.
JAMES MAHONEY . I had charge of the prosecutor's shop—I watched the prisoner, and saw him, after serving a woman with some bacon, go to the till to put the 2d. in; and in so doing, I saw him put his hand into the silver drawer, and take out something which I knew to be money—I watched him—he came round the counter—he saw I was watching him—he had put his hand under his apron, and began to wipe his eyes—I went up to him, laid hold of his arm, and the shilling dropped from him—he put his foot on it, and said it was his.
Prisoner A woman came in, and I served—she gave me a sixpence, and took some bacon and half-a-pound of cheese—she gave me a sixpence—I gave her 1 1/2d.—when I came round my fellow-servant picked a shilling
off the pavement, and said I had dropped it, and then he said he saw me take something out of the till, but he did not know what.
GUILTY . Aged 18.— Transported for Seven Years.
GEORGE EAST . I am a shoemaker, and live i Richard-street Commercial-road. On Saturday nights I generally assist Mr. Wm. Hayhow, of Ratcliffe Hightway—the prisoner came into his shop on Saturday night week for a pair of shoes—I fitted her—I was a long time, and at last she left—on Saturday last she came again, and asked for a pair—I said we had none to suit her; and if we had, she would not buy them—she went away, and then the policeman brought there back, with this pair of shoes, which are my master's—they have his name upon them.
WILLIAM SHAW (police-constable K 73) The prisoner was given into my custody on another charge—a female was sent for to search her—these shoes were found and given to me by the female—I took them to the shop—I said to the prisoner, "Where have you got these from?"—she said, "Out of the shop"—I said, "I suppose you stole them, as you did this print"—she said, "To be sure I did".
Prisoner I handed her the shoes out of my hand—I bought them for 4s., at another shop.
GEORGE EAST . These never were offered for sale, for 4s., at any shop in the country—they have the stamp of Mr. Hayhow—I never sold the prisoner a pair—it was three-quarters of an hour from the time she left the shop, till the officer brought these shoes.
GUILTY .— Confined One Year.
JOHN LANGDON . I live at Cardigan in Wales. On a Friday, between two and three o'clock in the afternoon I met the prisoner in Smithfield—I am sure he is the man—I spoke to him first—I had just come home from abroad, and I thought I knew him in Wales, previous to my going abroad—went up to him and asked him if he was a Welchman—he said, "What makes you think that?"—I said, "I think you are," and preposed to go and have some drink—I had five sovereigns in my purse when I went in—we had some gin—I cannot say how much—I was not drunk—I changed a sovereign, and we had three or four half-pints—I had pulled the other sovereign out—we took a walk, and went into a house in Holborn to have some more gin, and then we went into a house in Fleet-street and had some drink—I was getting rather tipsy and asked for a bed—the landlord said I could have one—I had the four sovereigns then—I had a double-bedded room there—I went into a bed by myself, and paid 1s. 6d. for it—the prisoner was in the room with me—he went to the other bed—I went to sleep, and left my money in my trowsers pocket on the pillow of my bed, and between twelve and one o'clock some person came in and awoke me, and asked me if my money was gone, and it was—the prisoner was there then.
Prisoner I did not see any money of his—we went to a shop and had dinner—I
paid for the dinner. Witness. Yes he did, and he changed a sovereign—that was in Holborn.
GEORGE ELLIS . My brother keeps the Star and Horse Shoe—the prosecutor and prisoner came in there—they went to-bed between nine and ten o'clock—the prisoner came down about eleven o'clock—he was quite dressed, and went out—my brother called me to pursue him—I overtook him at the corner of Fetter-lane—he ran away, and was very reluctant to come back—I took him back—the prosecutor said he had been robbed—I sent for the policeman and gave them both in charge—there was 30s. in silver found, and 5l. 10s. in gold on the prisoner.
Prisoner Q. Did not you come into the room and say, "What the d—do you mean by getting into two beds?" A. Yes, I did; because you had a woman with you who was loitering about the passage—I made him go out of the bed he was in, and go into the bed with the prosecutor.
THOMAS ELLIS . I keep the house. The prisoner and prosecutor came there—the prisoner dropped a sixpence and said he had no more—the prosecutor paid for what they had—after the prisoner had been in bed some time, he came down and ran out—he was pursued, brought back and searched.
Prisoner When I came down to the bottom of the stairs, a person said, "Where are you going, you have been stealing the blankets and sheets?"—I said, "What do you mean?"—he called his brother, and they took me back.
GUILTY .* Aged 30.— Transported for Seven Years.
OLD COURT, Thursday, July 7th.
Second Jury, before Mr. Serjeant Arabin.
1721. RICHARD STEERS was indicted for burglariously breaking and entering the dwelling-house of Samuel Gibson, about the hour of eleven in the night of the 4th of October, at Twickenham, with intent to steal, and stealing therein, 5 tame rabbits, value 30s., the property of the said Samuel Gibson.
SAMUEL GIBSON . I live at Twickenham. The prisoner is a labourer, and lived at Whitton—I went to bed about half-past eleven o'clock on Sunday night, on the 4th of October—my wife is not here—I was alarmed between eleven and twelve o'clock in the night by Mrs. Marriott and her servant, who keeps a public-house next door—I got up, came down-stairs and unfastened my door—I found my rabbit-hutches broken open, and five rabbits taken away—they had pulled the front of the hutches out—the front of it was broken—it stands in a shed adjoining my dwelling-house—you cannot go out of doors without going through the shed, to my garden—the outer door of the shed was bolted inside—part of the shed is of wood and part bricks—they could get in by pulling down a piece of plank which went into the ground, and was fastened at the top by a nail—it is a part of the building, and was all safe the night before—the rabbits were found six or seven days afterwards, but not by me—the person who found them is now dead—the prisoner was taken into custody last Monday week—I got a warrant against him on the 5th of October, and delivered it to the constable, but the prisoner was not to be found.
Cross-examined by MR. PAYNE. Q. How does the rabit-hutch stand,
with reference to your house? A. It leans against the wall of the house—you come out of the house into the shed the hutch is in, and there is a door leading from the shed to the garden—it was a moon-light night—I have known the prisoner for years working in the neighbourhood—they play at skittles in the same shed—the skittle-balls had forced away part of the fence of the shed, but I had mended it—there was no room for any body to get in——there are two very small trees between the White Hart and my shed—I saw the prisoner, the day before the robbery, at home as usual.
ANN FEEZEY . I am servant at the White Hart, which is next door to the prosecutor's. I was just going to-bed, between eleven and twelve o'clock on the 4th of October, and heard some boards cracking—I went to my bed-room, and saw the prisoner and Henry Coster getting into Mr. Gibson's shed—I could see the shed from my window—it was a moonlight night—I knew the prisoner before, and swear he was one of them—next morning I told Mr. Gibson who the parties were—I saw the rabbits in Coster's hand—I do not know what has become of him—I have not seen him since.
Cross-examined. Q. Did you see five rabbits in one man's hand? A. Yes, all hanging down by the hind legs—I was looking out of the window—there are two trees between the window and the shed, but nothing to prevent my seeing this—I have known the prisoner while I have lived at the house—it is a regular public-house—I alarmed Mr. Gibson, and said I saw some body breaking into his house—I told him next morning who it was, but did not tell him that night who it was—he asked if I knew who it was, and I told him—the officer is not here.
Prisoner's Defence. I do not know any thing at all about it.
GUILTY of stealing only.† Aged 22.— Transported for Seven Years.
Before Mr. Baron Vaughan.
1722. DENNIS CRAWLEY was indicted for that he, on the 25th of June, unlawfully, maliciously, and feloniously, did make an assault in and upon Catherine Crawley, and did unlawfully, maliciously, and feloniously stab, and cut her in and upon the right side of her body, and right knee, with intent, feloniously, wilfully, and of his malice aforethought, to kill and murder her.—2nd COUNT, stating his intent to be to disable her.—3rd COUNT, stating his intent to be to do her some grievous bodily harm.
CATHERINE CRAWLEY . I am the prisoner's wife, and live in Cinamon-street—he is a coal whipper—last Saturday week he came home about eleven o'clock at night—he asked me if his daughter was in—I have known him to be mad for six years last March—he has been in a lunatic asylum at Hoxton—I told him I did not know whether she was or not—I asked him what was the matter—he said nothing—he then took hold of me, threw me down on my back on the floor, and clapped his knee down on me, but I did not see the knife till he was drawing it the second time on me—he took up the knife a third time, he struck me twice with it, and the third time I caught hold of his hand, and God Almighty assisted me to hold it—I cried out "Murder," and there was a young couple in bed who came and assisted me—they took him off me, and took the knife out of his hand—I was taken to the station-house, and they sent me to the London Hospital—I was hurt
under my left breast, and on my knee—it was a spring knife—one that opens and shuts—he has been in a lunatic asylum for four years—he only came out three months before this—he was at Hanwell four years—he was as mad the day he came out, as he was the day he struck me—he was in Peckham madhouse twelve months before that—let any gentleman examine his body, and they can see what he has done to himself in Peckham madhouse—I have been married to him twenty-five years last February—he first began to be disordered in his mind six years last March—he got quite raving in his head, and went as naked as possible 300 yards along the street, he was taken away that day to Hoxton, and continued there a month, and he was as bad the day he came out—he scalded me about a fortnight or three weeks afterwards—he was twelvemonths at Pockham, he went there a fortnight or three weeks after he came from Hoxton, and was not out long before he went out stark naked naked into the street—the parish of Wapping brought him out every time he came out—I wanted the gentlemen to give me a certificate to certify he was mad, and they would not give it to me.
Prisoner I was not mad—I was taking care of the mad people in the asylum—I did not kill any of them—when I am working for you, you say I am mad, and you changed my bed for me with witchcraft, and gave it to the son-in-law and daughter—you say I was jealous of you. Witness. I was not jealous of any body—I did not take any bed away from him—I had no quarrel or difference with him.
ELLEN MORGAN . I lodged in the house on this night. I heard Mr. Crawley knock at the door at eleven o'clock—my husband and I laid in bed—I heard him ask his wife if his daughter was in—I do not know whether she said, "Yes" or "No"—I heard Mrs. Crawley ask him what was the matter with him—I did not hear him say any thing—after that I heard Mrs. Crawley scream out, "Murder"—I got up, and my husband and I ran down stairs—I saw Mrs. Crawley lying on the floor with the prisoner's knees on her body—I directly went and opened the street-door—my husband caught hold of the prisoner's hand, and kept it till a person passing by came in, and assisted him in taking the knifs out of his hand—it was as much as the two men could do to lift him off his wife—I saw the would under her right breast—it was bleeding—the policeman took him away about a quarter of an hour afterwards—before he went, I saw him hit her on the side of her head with his hand and knock her against the side of the partition—I did not see any fork—I have lived in the house about nine weeks—I knew very well that he was not right in his mind—I always saw him stamping about and talking to himself—I saw him say he would have his wife's life—sometimes he treated her with affection and tenderness—he used to use her ill at other times without any occasion.
Prisoner Q. Did you ever see me strike her before in my life? A. No.
JOHN WADE . I am a coal-whipper. I was passing by on the Saturday night, and heard the woman call "Murder"—the door was open, and as soon as I entered, Mrs. Crawley was down on the boards, and the prisonner on the top of her with a knife open in his hand—I assisted Mrs. Morgan and her husband to take it from him—I put it into my pocket and gave it to the policeman—the prosecutrix was bleeding at the time I went in—I am certain the prisoner was out of his mind, or he would not have done as he did—I saw him five or six years ago stark naked in the square—I have
known him as long as I have known myself—I never knew any thing the matter with him till within or six years—I knew him in Ireland—he was right then—but about five five or six years ago he was different—I have seen him often during that time, when he came out of one asylum to another—he would speak as correct as any man for a while, when he came out, and in a little while he would not know what he was about—I am certain at the time a question he was not in his right mind—I am certain he was not correct.
Prisoner It is no use to ask him any question—he would say any thing—he was not there till I was in the hands of a policeman, and I gave him a locker in the jaw.
MICHAEL COSTMELLO . I am a policeman. I was called in on the 25th of June, about eleven or twelve o'clock and saw the prisoner standing outside the door in the street—I saw the woman standing there with her side stained with blood—she asked me to take him in charge for stabbing her with a knife in her right—I laid bold of him, and he pulled a fork out of his pocket, and stabbed her with it as hard as he could—he made an attempt to stab her in the belly, but she turned on one side—it was done with violence—I took him away.
Prisoner He is right in what he says.
FRANCIS BOOTH . I am a surgeon at the London hospital. I was at the hospital when the woman was brought there on the Sunday morning, 26th of June, between one and two o'clock—I examined her—she had received stab in the side between the sixth and seventh ribs, about half an inch deep—it was done with this knife apparently—(knife produced) it might be done with this knife—the wound might have been dangerous had it penetrated further—she had a slight bruise in the lower part of the abdomen, the skin was just off; and a cut on the right knee—she was only in the hospital about a quarter of an hour.
Prisoner to the PROSECUTOR. You got all my things in pawn, and two handkerchiefs which I brought out of the asylum clean—a stinking little Irish blackguard, the country was better before you came there—I was doing better you came there—I am in heaven as long as I am away from you—I do not care if I go to the gallows or be transported for life—I hope I shall see some of them before long in a strait-waistcoat.
(The prisoner handed in a paper which he said had been written for him, stating that himself and wife had been drinking at a public-house and quarrelled—he afterwards went home, and asked her for his daughter—several words passed, he got quite in a passion and struck her with the knife—he complained of her having taken away his bed, and given it to her daughter in order to vex him.)
NOT GUILTY, being insane.
Before Mr. Baron Vaughan.
1723. FREDERICK BRANCH was indicted for that he, on the 21st of June, in an upon Richard Monksfell unlawfully, maliciously, and feloniously did make an assault, and unlawfully, maliciously, and feloniously did stab and cut him on his chest and forehead, with intent feloniously, wilfully, and of his malice aforethought to kill and murder him—2nd COUNT, stating his intent to be to disable him.—3rd COUNT, stating his intent to be to do him some grievous bodily harm.
RICHARD MONKSFELL . I live in Baker's-rent, Hackney-road. I have known the prisoner since last summer—I had a difference with him once, but it was made up the night following—on Tuesday night, the 21st of June, about half-past nine o'clock, I went to the Victoria public-house, in Hackney-road, in company with Richard Wheatley—the prisoner was there, in company with a young woman, named Rachel Adams, and two more, sitting on each side of him—I known Rachael Adama ever since I have known the prisoner—I never lived with her—I had no conversation with the prisoner—I did not drink with him—he left the room, and came down stairs before I did, and stood in the passage—I followed him in a few minutes—when I got down stairs I saw him pull out a large knife from his right-hand pocket—I dare say it was six inches long, handle and all, when it was open—he said he would stab the first one to the heart that came near him, and made use of a very had word—I immediately went up to him, and told him to shut up the knife, and not stab my cousin with it—James Spencer is my cousin—there had been a few words before I came into the parlour, but I had not heard them—he had said something which I had heard mentioned, and in consequence of that I said, "Don't stab my cousin"—he told me to get away, or he would serve me the same, and he immediately up with the knife to make an attempt to strike me—I parried the blow off with my left hand, or it must have struck me—I had made no attempt to strike him—he followed me twice on my head, and made it bleed—I was staggering towards the pavementhe followed me up and stabbed me in the chest, making use of a very bad word—I was as sober as I am now—he said he would stab me to the b—heart and he jobbed the knife into my chest—I was immediately taken off to a doctor at the corner of Crabtree-row, and my wounds were dressed—the prisoner went into a tobacco-shop—I saw him go in—I did not give him any provocation before he struck me.
Cross-examined by MR. PAYNE. Q. How many persons were there at the beer-shop, beside yourself and the prisoner? A. A great number—there might have been twenty—it was half-past ten o'clock when I got there—I went with Wheatley—I had ben to bed, but got up to go to the neeessary, and then went with him—I can't say whether Adams had been living with Spencer—I have seen her at his room—as the prisoner attempted to strike me, I parried the blow off with my left hand, and I must have struck him them at the side of his face—he then followed me up with the knife, and struck me twice—only two person at the beer-shop were friends of me and my cousin—I dare say I knew half a dozen in the room by speaking to them—I was not fetched to the house for any particular reason.
Q. How did you know there was any intention of stabbing your cousin? A. Because there had been a few words beforehand, which I had been told of by my cousin, when I came to the public house—I was not fetched to make a party against the prisoner—I had no reason to know that I was to do so—the prisoner stood in the passage, opened his knife, came to the threshold of the door, and said he would stab the first person that came near him—he did not say he would stab my cousin—my cousin went near him, and wanted to get the knife out of his hand—I wanted to do so too—I did not lay hold of him and shake him.
Q. Don't you know he drew the knife in his alarm to protect himself against the people who were there? A. Well he might do so—Spencer had said he would hit Adams when he got her down—Spencer had not lived with her—he had kept her company, and the prisoner too.
Q. Don't you know from Spencer, that when he struck Adams in the prisoner's presence, he said he would serve her b—y man the same? A. He never told me so—I did not strike the prisoner purposely, it was in warding off the blow—it was not a blow to irritate a man—I hit him in the face, against the jaw—he was standing with his back against the public-house—if nobody has gone near him they would have been safe—I and Spencer went to him, and one more, who went to try to get the knife away—the prisoner said, "There is no law for a knife, "and stabbed me—he knew away—that the parties who were with me knew me—Spencer did not appear elevated—I was sober—a drop of beer will take effect sometimes—it did not do so that night—none of the party appeared to be drunk when they came up-stairs—I left the house about a quarter to eleven o'clock—there was about twenty of us leaving together—the prisoner had two friends there—they were drinking with him, I can't say he knew them before—I only went there to take part of a beer; that is all—I had heard nothing about a dispute between the prisoner and Spencer—Wheatley did not bring a message from Spencer—he told me nothing on the road, I will swear.
JAMES SPENCER . I am a willow-cutter. I was at the public-house with the prosecutor—the prisoner was there in company with Rachael Adams—I had kept company with her before that and I had fallen out with her about a week—I did not strike her that night—I said I would strike her when I got down—but I do not think the prisoner heard that, because he was looking another way—about a quarter before eleven o'clock, the landlord desired the company to go, because one of then began to sing—the prisoner went down first and I followed—he was in the passage when I got down—I saw him put his hand into his pocket and pull out his knife—he came out into the passage and stood with his back against the window of the tobacconist's, and said he would stab the first man that came near him—I was standing close against him, and went and tried to lay hold of his hand, to get the knife away from him—he then said he would stab the first man that came near him—Monksfell came and laid hold of his collar and said, "You shan't stab my cousin"—the prisoner had not done any thing to him to provoke him at all—he said nothing in particular to him—he had the knife in his hand, and Monksfell went to get it from him—he laid hold of his collar, not roughly—they both stood still when he caught hold of his collar—he then said, "I will stab you if you don't get away from me"—then Monksfell said, "Is there any law for a knife?"the prisoner made answer "No," and immediately made a stab with the knife, but the first stab did not go in any where—he made a job—I should think it would have gone at his head if it had touched him, but it did not—Monksfell them struck the prisoner directly—he had hold of his collar at the time—the prisoner then struck at his head twice, and then, as Monksfell was reeling away, he caught him by the side of the ribs with the knife—Monksfell called me, and said he was stabbed, and I took him to the doctor's—the prisoner backed himself into the tobacconist's and he had the knife in his hand then—I went away.
Cross-examined. Q. You have said you don't think the prisoner heard what you said to Adams, was not he sitting close to her? A. Yes, but he turned his face the other way—I was about two yards from him
when I said it—I will not swear that he did not hear it—the prisoner did not stab me at all—I got out the way—I went up to him and tried to get the knife from him—and he shifted it behind him, from one hand to the other, to prevent my getting it from him.
NOT GUILTY .
NEW COURT, Thursday, July 7th, 1836.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Confined One Week.
MESSRS. PHILLIPS and MATTHEWS conducted the Prosecution.
WILLIAM GOULD . I reside at Upper Ebury-street, Pimlico, and am a publican. The prisoner came into my employ, I think, on the 16th of February, 1835—I had a guarantee for 50l.—in consequence of something that was said, I had suspicion of her—she attended to the till, and took money as the bar-maid and house-keeper—she had access to the till constantly—she had the entire management of it—I lost money at different times; and from the 8th of June I kept a more strict account—I marked some money, and missed part of it from the till—I marked shillings, sixpences, and half-crowns—I do not know exactly what quantity I marked, because I did it from day to day, not in one individual day—on the 17th of June I taxed her with my having lost money—Mr. Herbert and Mr. Goodison were present—Mr. Herbert told her he suspected her of having taken it—he asked her if she was aware I had been robbed—she said, "No"—he asked her the question a second time, if not a third time—she still denied it, and said she knew nothing of it—then I told her I had been robbed, and I suspected she was the person who had done it—she said she never had robbed me, at first; then she said, "I have taken a few shillings, but it is only within this day or two I have done it," and she begged and prayed very hard not to expose her to her friends—I said it was too late, I had already written to Mr. Rogers and Mr. Johnson—Mr. Johnson came.
Q. The policeman was not present on this occasion? A. No—when Mr. Johnson came, I told him what had occurred—I told him in her presence that I suspected she had been robbing the till, that I had marked silver, and had traced it from the till to her purse, where she kept money up-stairs—after I had explained the massage I had sent to him, we went up to a sitting-room on the second floor, where she was—the same was repeated in the presence of Mr. Johnson—we then went up to her bed-room, Mr. Johnson, Mr. Herbert, Mr. Goodison, my niece, and myself—I think Mr. Goodison did not go up—the drawer was shut, but not locked—we asked her if she had any money—she said there was some there, pointing to the drawer—we asked her if she had any objection to our looking through her drawer and boxes, and so on—she said, "Not
the least"—the purse was produced, and I found in it 15s. 6d.—there were four pieces of money that I had marked—four shillings, to the best of my recollection, and one sixpence—three shillings, I think it was—I put it down at the time—Mr. Herbert asked it she had any objection to the money being sealed up by me and Mr. Johnson, to he produced—she said, "Not the least"—it was sealed up by me and Johnson, and placed in the hands of Mr. Herbert.
FRANCIS HERBERT . I was present when the purse was produced in the prosecutor's house—I gave it up to the prosecutor at the police-office, (looking at it)—this is the same packet that I had in custody.
WILLIAM GOULD . This is the purse and the money—this is the marked money—here are four shillings and one sixpence—these are four shillings that I had put in the till—I marked the money with a file, which I have brought with me in case it should be asked for—the mark is immediately under the head—Mr. Goodison and my niece, Grace Bowditch, were present when I marked it.
Cross-examined by MR. CLARKSON Q. What were you before you were a publican? A. I was a gentleman's steward—the Marquis of Bute was one person I was butler with, and I was steward afterwards to Lord Lorton—three months elapsed before I took the public-house—I am married—I cannot tell where Mrs. Gould is—my niece was in my service at the time the prisoner came to live with me, and she assisted under the direction and control of the bar-maid—she had no wages—she was a person I took in to protect—she was in the habit of being in the bar, and had access to the till, as well as myself and my nephew, (a little boy named John Bowditch, brother to my niece)—he is not here—I never emptied the till, but always made a point of keeping a very short stock of money there—I did not take the money out entirely at night—five shillings in silver, and two shillings in copper, was the regular sum I left there—not exactly—I was the only person who superintended my affairs, unless I was absent—if there were any small things wanted, such as green-grocery, or what not, it was paid for by the prisoner or my niece, with instructions to enter the payment on the slate—I usually get up between nine and ten o'clock—I swear it was not my usual habit to get up as late as eleven o'clock—I shut up at half-past eleven at night—I have no other business—I might have come down in the morning and found the five shillings and few halfpence I left had increased to a sovereign—I might have observed to the prisoner, that the business must have ben brisk, as I found the money I had left over-night had increased to a sovereign—I will not swear that she has not said the money was hers, she having paid money out of her own pocket, some tradesmen having called in—to the best of my knowledge she has never paid a penny for me.
Q. Upon your solemn oath, and as you will have to answer it hereafter, did you not state to her that you had found a sovereign, in lieu of the small money, and did she not give you the answer I have just repeated? A. I will not swear positively—it might have happened, but I have not the slightest recollection of it—that did not occur after I suspected her—I suspected her a fortnight before I discharged her, which was on the 17th—I think I might have stated before the Magistrate that I had marked as much as 30l. from beginning to end—some days I am sure I marked about 5l.; per day—this book is my hand-witting, it is my memorandum-book, reads "Marked money, June 8th, 7s., June 9th, 8s., June 10th, 9s., &c" altogether amounting to about 5l. in the whole—I might tell the Magistrate
that I marked as much as 30l.—I began these marks on the 8th—I made these marks in the book, as I found the increase in the purse—I had been to her drawer before, five or six times—my niece, first called my suspicion to it—the prisoner never stated to me that she had charged, if not detected, my niece, in committing frauds upon me—she never made such a statement to me—on the 8th of June, seven shillings was in the purse—on the 9th, eight shillings—this is a memorandum of the money I found in the purse—I found on the 8th, 9th, and 10th, some of the marked money, that is the way it increased—the amount of this number of shillings refers to all the money found in her purse—not the marked money, but all the money together, as the increase was made in the purse—the day I charged her there was an increase of sixpence—on the 8th of June, I found seven shillings in her purse, and it increased according to the figures—no marked was in the purse on the 8th—I did not tell her I was going to her purse—I and my niece had always access to that drawer—I do not know whether my niece's clothes were kept there—it is in a large wardrobe—I think there was one shilling of marked money on the 9th—it was either the 9th or 10th—I would not speak positively, without I had the memorandum—you see across in the book, that means on the 10th of June—there was nine shillings, and one marked—I cannot tell how the purses increased two shillings, there being only one marked—my niece first told me the purse was there, that excited my suspicions—I made Mr. Herbert acquainted with this before I marked the money—that was on the 6th, I believe—that was not before I looked into her purse—I began to look in it five or six days previous to the 8th of June—it must have been the beginning of June, or it might be in May, but later than the 20th or the 25th—I west on the 6th to Mr. Herbert, he advised me to look into her purse day by day, in the presence of other witness, but not alone—he said my own statement of evidence would not be sufficient to convict of felony, and I took Mr. Goodison—I did not take him to her bed-room—my niece brought the purse down to another room, and showed it to Mr. Goodison—I went to her bed-room with my niece—it was brought down to my bed-room, on the floor below, where Mr. Goodison was, for the purpose of witnessing the increase—Mr. Herbert was not there.
Q. You have told us the memorandum-book refers to the money found in the purse, and its increases from day to day, including the marked money—I see in the whole there are three crosses—what marked money do you mean to charge the prisoner with ever having had belonging to you? A. Four shillings and one sixpence—that was the 17th.
Q. How comes it, that on the 17th, when you found 4s. 6d. there is no cross? A. After the 13th I did not take any further notice of the increase—to the best of my recollection 2s. came in on that day—on the 17th I found no increase of marked money—the crosses amount to 3s. 6d.—I put down every day distinct from the 8th of June what I found—these entries are made on different days, as the increase made its appearance.
Q. Was not the whole of that memorandum made at the same time, and with the same pen and ink? A. This most decidedly was, but in my book I can show you the pencil-marks, and I copied this from the pencil-marks—I have not got the pencil-book with me, I thought it was no consequence writing it with ink—I have not cut two of the preceding leaves of this book for any purpose of this kind—I did not cut them out at the time I made this, it is an old book I have had some time—I will swear I have
had it more than three months—there is a memorandum of ball tickets in it—Mr. Francis Herbert was my attorney—I authorised him to write to the trustees or sureties of the prisoner, to pay me 50l—that was after I discharged her, and before I took her into custody—I do not know that they refused to pay the 30l—I received an answer from Mr. Potter, one of her sureties demanding 6l. 15s. 1d.—I have paid the wages.
Q. Did you not say to Mr. Rogers and Mr. Johnson, "I look to you for 50l.?" A. They asked me the question, and I said I should, as had no doubt she had robbed me of double the sum—one of them said he did not believe a syllable I saw saying, and I had great difficulty of harbouring any idea of her dishonesty—no man could have a higher opinion of her than I had.
Q. You say you marked in silver, you believe as much as 30l., what gas become of it? A. I put it in the till, and it went of course, for change and for other purposes—I do not preceive that the prisoner could have had some of this innocently—I remember Mr. Rogers calling with Mr. Potter.
Q. Did they not tell you the girl was perfectly ready to meet the charge, and want to know what you intended to do—and did you not state you must have? 50, or case must be gone into? A. I did not, I never dreamed of it—the prisoner was not in the habit of advancing money of ber own to pay the tradesmen, as the till was low.
Q. Did you authorize Mr. Herbert to say, that he was at liberty to enter into any reasonable arrangement that he thought proper? A. That was the nature of it—on the day this unfortunate affair occurred, I sent for Mr. Rogers and Mr. Johnson—I told them what had transpired, and Mr. Johnson had arranged to come on the ensuing Tuesday, to receive the wages due to her and about the responsibility to me.
COURT. Q. Can you tell us why you did not put her into custody when you discovered the money, and she had confessed? A. I had the highest opinion of her, and she seemed so penitent that I thought dismissing her might answer the purpose—I had no other communication with her from that day till she was taken—I never best Grace Bowditch, because I believe she had robbed me—I might have corrected her—I once recollect hitting her with a glass cloth across the neck.
GRACE BOWDITCH . I am Mr. Gould's niece, and have been living some time with him. The prisoner and I slept together—there was a wardrobe in the bed-room and drawers in it—the drawer in which she kept her things was open—she left it open—she had a purse of her own—I went to examine that purse, the first time, between two and three months ago, for, as we were going to bed one night, I observed something fall from her bosom, which I supposed to be money, and after that I watched her—she had a right to have money—I watched her because I had suspicion—I used to go at first only two or three times a week, to examine the purse—I told two ladies of it, one who lived next door, and one at No. 9—I told nobody in the house—I told my uncle about a fortnight before the prisoner was discharged—I did not tell him before, because she was afraid to say any thing before I was certain—a fortnight before she was discharged I looked every day, and found an increase of 1s. and than after I told my uncle, he marked the money—one day there was an increase of 2s. but with that exception there was 1s. increase each day—after I told my uncle I continued to look as usual, and each day, as I had observed before, there was an increase of exactly 1s. each day—I
am sure of it, up to the time of her discharge—there was only 6d. the day she was discharged—one day there was 2s. increase, but every other day, for the fortnight before she was discharged, there was 1s.—my uncle had an opportunity of seeing that as well as me—I looked at it the day she was discharged, there was 15s. 6d. in it, three shillings and sixpence marked—I only knew of three shillings and sixpence—there was the same money in it the day before she was discharged—there was an increase of 6d. On the day she was discharged—there were three shillings and sixpence marked money, and the same before—the sixpence increase was not marked—there was three shillings and sixpence marked—for three days my uncle and I used always to go together to the purse regularly—no one went with us—on the day she was discharged, Mr. Goodison, my uncle, and myself, went to the drawer in which the purse was—I took the purse out, and they were present in the bed-room—I handed it to my uncle, he counted the money, and examined it afterwards.
COURT to GRACE BOWDITCH. Q. What was the message you have sent to the Counsel? A. I made a mistake, Mr. Goodison was in my uncle's bed-room—my uncle has spoken to me since I was examined.
ADAM GOODISON continues. I was at the prosecutor's on the 17th of June—Mr. Herbert, Mr. Gould, and the prisoner were there—the prisoner was accused of this—she said he was extremely sorry for what had happened, but she had taken a few shillings—I did not see the purse examined—I saw it three or four days previous to the 17th, in Mr. Gould's bed-room, no where else—I did not see it examined the day she was discharged—when it was examined there were two shilling extra of the marked money, to what there was three or four days before.
Cross-examined by MR. CLARKSON. Q. What are you? A. A steward in a gentleman's family—I am out of employ, but that is my capacity—I did not say I believed the whole of this charge to be false, that I wished to take a public-house, and should have no objection to take the girl—I said, it I took a public-house I should have no objection to take the girl, but since that I have heard she has disowned her guilt—I did not say in the hearing of Mr. Potter, that I believed the charge to be false, nor any thing to that effect——I said nothing in his hearing about the woman—I saw Mr. Potter at Queen's-square office, on Thursday-week, I think it was—I never saw him before—I swear I did not—I did not say on that occasion, or on any other, to any one, that I believed the charge was false, and if I bad a public-house, (which I was seeking after,) I would not mind taking her—what I said was on the Monday after she quitted Mr. Gould's service—I considered that the warning she had would be an example to her, and she would most likely reform—I do not know that all the neighbours were flocking round her, and speaking of her in the highest terms—I never said to Mr. Rogers, or any body, that I did not believe the charge, or any thing to that effect.
COURT. Q. To whom was it you said this? A. To her—I called on her out of friendship, in the presence of her brother—she left the house in a deplorable state of mind on the Friday—she said, "I am exceedingly sorry, I have taken a few shillings"—she said nothing about having exchanged money from the till for her own—she said nothing about having
paid money—I never said any thing to her about advising her friends to pay the 50l.—that was not the object of my visit—I am not aware that Mr. Gould had demanded the 50s—I never heard from him, or any one else any thing about 50s.—I was examined before the Magistrates.
THOMAS WHITEHEAD (police-constable L 103.) Mr. Gould gave the prisoner into my charge at No.23, Lambeth-square—where she was living—he said, he wanted me to take her on a charge of felony—I asked where it was, and what it was—he said, on a charge of felony—that he had had the advice of an officer, and I believe he had been to Queen's-square—he did not tell me the nature of the offence—I have stated the words he spoke to me—he did not tell me be charged her with robbing him—she said, she was quite willing to go with me, that she was innocent and she believed this was brought against her to get the 50s. which her friends had become surety for—Mr. Gould was gone out then—I took the prisoner to the station—she was taken to the office and remanded once, and then examined again—on the second examination, she was committed—she was bailed before the Magistrate.
Cross-examined by MR. DOANE. Q. Was she not bailed immediately? A. Yes—Mr. Gould came to me with this charge on the 30th of June, not before—I heard him examined at the office, and heard him swear he had marked 5l.—I did not hear the sum of 30l.
CHARLES JOHNSON . I am a boot and shoe maker, and live at Lissongrove. I was sent for by a note to come and fetch the prisoner away—she is my sister-in-law—I have brought the note—I suppose Mr. Gould sent for me as her friend—(note read)
"Sir,—It is absolutely necessary that you should come here to see Sarah Turner immediately, it is to you of consequence, and bring Mr. Rogers with you, if possible. "I am, Sir, your obedient servant,
"WILLIAM GOULS. "
Witness. In consequence of this I went and saw the prisoner, and Mr. Gould—he said she had been taking money—he wished me to go to her—I went up into the room—he went to the drawer, which was open, and took this money out the first thing—he then let her go away with me—I was one of the sureties for the 50l.—Mr. Gould told me before I went up-stairs that she had been robbing him, and he taxed her in her presence with robbing him—she hardly answered, she was in such a state of agitation—he said she had been taking money out of the till—I do not know what she said
COURT. Q. Where was the purse and money when you went up? A. In the drawer—it was afterwards sealed up.
Cross-examined by MR. CLARKSON. Q. Did you see Mr. Goodison since this? A. Yes—he said if he was to take a house the same as Mr. Gould's he would take her as she was—I do not remember his saying he believed the charge was false—this was at Lambeth-square—I have seen Goodison since repeatedly, at Mr. Gould's—the boxes and every things belonging to the prisoner were opened—she had as much as 19l. or 20l. when she went there—she was a girl of the most exemplary character and conduct before she went to Mr. Gould's—she had lived in service with Mr. Punter, two years and five months, till be left business—I believe he paid her more wages than was due to her, and then she left to go to Mr. Gould's.
FRANCIS HERBERT . I am solicitor to the prosecutor. I was requested by him to go to his house, and went on the 17th—I there met the prosecutor. Mr. Goodison. and Mr. Johnson—the prisoner was called by
Mr. Gould into the presence of myself and Mr. Goodison—I informed her that Mr. Gould ssuspected her honesty, and in consequence of that suspicion he had marked some money—that some of that marked money was found in her purse, and asked her to be so good so to explain to us how that circumstance arose—she was then confused and agitated, and Mr. Gould, who was at first agitated, took the matter up—he said, he found an increase of money in her purse from time to time—that he had marked this money—that he discovered it in her purse and accused her of having taken it—she at first said, she had not—I think about this time, I went down stairs for about five minutes, to my office, in the neighbourhood, and on my return, I was about to ask the prisoner some questions, and Mr. Gould said in her presence, and Mr. Goodison's, that she had confessed her guilt—she did not deny it—she sat weeping—I think I mentioned the name of Mr. Johnson, and Mr. Rogers, and told her, at my advice they had been sent for, that they might be present at the investigation—she became most dreadfully agitated, and said her character was ruined—she could not possibly face them, and would not see them—she was dreadfully agitated, and as she was near the window, I went and put it down—I was fearful of her throwing herself out—I asked her how she could take the money—she clasped her hands, and said, "Mr. Herbert, I do not know, Sir, I must have been mad at the time I did it"—Mr. Johnson arrived subsequently—I told her, she had better see the gentleman who had been sent for—I said, I had advised my client to send for him to be present, in order that it might not be suspected that he desired to extort any confession from her—I considered it right to tell her this, that she might not suppose herself under the influence of any intimidation—we then all proceeded to her bed room, and there the noney was produced, and counted before her—she said it was her purse—the purse was sealed up, and given to me, and I produced it before the Magistrate.
Cross-examined by MR. CLARKSON. Q. Then the confession to which Mr. Gould referred, was a confession that he told you she had made when you were absent? A. Yes—it was not made directly in my presence; but I had some further conversation wit her in Mr. Gould's presence—I am not sure whether the sureties were mentioned before she said, "I am ruined"—when the sureties were spoken of, Mr. Gould, Mr. Goodison, and the prisoner were present—I wrote that letter—my instructions were, that Mr. Gould did not, by any means wish to injure Miss Turner by prosecuting her, and at the same time he did not wish to sustain any loss.
Q. Now, will you tell me that when you wrote for the 50l., you intended to prosecute her if you could have got the 50l.? A. I f his loss had been repaired I would have advised him to refrain—my client had a letter demanding the wages and the 15l. 6d. in the purse.
NOT GUILTY .
DAVIS FARROW . I keep a coffe-house in Oxford-street. The prisoner came there about six weeks ago—I had some volumes of Smollett's Works on the shelf—I had seen them safe a few days before—I missed six the afternoon the prisoner was there—he came again on Saturday fortnight—I called him aside into a private room, and spoke to him?—he said he had
taken them, and they were at his mother's—he begged me to go there with him—I had a policeman waiting to taken him—these are the books.
Cross-examined by MR. DOANE. Q. You are a bookseller? A. No—I keep a reading-room and coffee-house—the prisoner had been there once between the times, but I was not at home—I did not say I must be paid—he offered to give me all he had in the world—he said he was sorry he took them, but he was no theif—he offered to take me to where they were, but as soon as he got out of the door he ran away—another person came to my shop with him.
STEPHEN BUCK (police-constable D 43.) I went to the prisoner's mo—ther's house, but not with the prisoner—I knew it was her home from a slip of paper found in the prisoner's pocket—I found one book there and live at Helen Stephens'.
Cross-examined. Q. Was there not another person taken into custody on this charge. Yes, Alexander Ross—he got clear away.
Cross-examined. Q. You live in the same house? Yes—his friends are very respectable, and he bears a good character.
(The prisoner received a good character.)
GUILTY . Aged 15.— Confined Three Months.
JAMES WARD . I live in Hinton-street, Vauxhall. I was in Oxford-street on the 4th of July, and felt a twitch at my pocket—I turned, and saw the prisoner and two other young men—the prisoner had my handkerchief in his right hand-finding he was detected, he droppped it and ran off—picked it up.
Prisoner, The handkerchief never was in my hand. Witness. It was fairly nipped up in his hand, and he dropped it down.
GUILTY . Aged 18.— Confined Three Months.
JAMES MORRIS . I am servant to a baker in Mortimer-street. I arrived from Shrewsbury at Pickford's Wharf about eleven o'clock, and about one o'clock the same day I met the prisoner—I asked him to tell me the road to Margaret—street, Cavendish-square, he said he would show me—we went on to Featherstone-street, and had a pint of ale—he proposed it, and I paid for it—he then said, "You had better leave your bundle here, I want to go to pay for some harness"—he took the bundle in, and then took me down different streets; and pretended to go to several places to change a? 5 note—I did not see any note—he said he could not get change and asked if I had any silver—I said I had 8s.—he said, Give it me. perhaps that will he as much as I shall want"—I gave him two half-crowns and three shillings—he went round a corner, telling me to wait there till he came—I waited there three quarters of an hour—he never came back.
Prisoner I disown that I ever saw him in my life. Witness. He is the man and no other—I am quite sure he is.
JOHN DERENHAM . I am servant at the Green Man in Featherstone-street. Five or six weeks ago the prosecutor came there, with another person, who to the best of my belief, was the prisoner—he left the bundle—the prosecutor returned for it, and I walked with him.
Prisoner I know nothing about it.
GUILTY . Aged 41.— Confined One Year.
JEVON HARPER . I live in White Lion-court, Cornhill. On the 5th of July I was walking down Aldersgate-street—I did not feel any thing, but the officer told me something, and I missed my handkerchief, which I had had a short time before—this is it.
JOSEPH HAWKRIGG . I am the inspector of Aldersgate-street ward. A little before nine o'clock that evening I saw the prosecutor in the street—I saw the prisoners go behind him—Stivens took his handkerchief from his pocket, and gave it to Kidman, who ran to Aldersgate-building—I ran and seized him—he dropped the handkerchief, and while I was getting that he ran away.
ROBERT TYRRELL . I am an officer. I was in company with Hawkrigg and saw both the prisoners following the prosecutor—I did not see the handkerchief taken, but Stivens ran over towards me—I took him, and brought him over to the prosecutor.
KIDMAN— GUILTY . † Aged 21.— Transported for Seven Years.
STIVENS— GUILTY . Aged 19.— Confined One Year.
ELIZABETH CAPON . I am thirteen years old. I know the necessity of speaking the truth—I went out with Gully's child, and the prisoner in Chapel-street—she asked me to let her carry the child—it had the necklace on—I did not miss it till I got home—no one but the prisoner had the power of taking it—the child was not in my sight all the time the prisoner had it—she asked me to go up the back yard, which I did.
Prisoner The lady said if I would give her the beads she would let me go.
GUILTY . Aged 14.— Transported for seven Years.
WILLIAM ROUND . I lodge in Paradise-street, and am a hackney-coachman. I went to bed there at seven o'clock yesterday morning—the prisoner was in bed then—I got up between ten and eleven o'clock—I had a purse in my pocket, with two half-crowns, two shillings, two sixpences, and a fourpenny piece—when I awoke, the prisoner was gone, and my purse and money—this is my purse.
WILLIAM JONES (police-sergeant D 10.) I was on duty in High-street yesterday morning—a little before eleven o'clock the landlady of the house said, "Stop that man"—I stopped the prisoner, and took him back to the house—the prosecutor accused him of stealing a purse—I began to search him—he produced the purse from his right-hand pocket, with these two half-crowns, two shillings, two sixpences, one fourpenny-piece, and two duplicated.
Prisoner I hope you will have a little mercy, it being the first offence.
GUILTY . Aged 18.— Confined Three Months
ANN DONOVAN . I am the wife of Cornelius Donovan, and live in Elbow-lane, Shadwell. The prisoner lived with me for thirteen months, and nursed my children—on Friday last I missed these things—I then charged her with stealing them—she said she knew nothing about them—I afterwards gave her in custody.
Prisoner I told you that Mrs. Hurley had come to me, and I lent her the petticoat till Monday, when I was going to get it. Witness. I never authorized her to lend or sell, or part with any thing.
JULIA HURLEY . I am the wife if Michael Hurley. The prisoner lent me this petticoat last Saturday morning week, and I pledged it—I asked herf or 6d. or 1s.—she said she had no money, but lent me this.
Prisoner Q. Did not I say, "Be sure and get it out when Mr. Hurley gets any money?" A. Yes—but you did not say whose it was.
Prisoner. This is all spite, because she lives with one of her lodgers, and she struck me on Friday night and gave me this black-eye. Witness She denied it on Friday night, and was very much in liquor—I did not strike her—she fell down my steps.
GUILTY . Aged 38.—Recommended to mercy by the Jury.
Confined Four Days.
NOT GUILTY .
1734. ELIZA MORGAN was indicted for stealing, on the 30th of April, 1 wooden roller, value 3d. and 38 yards of silk, value 4l. 15s.; the goods of George Evans; and that she had been before convicted of felony.
MR. PHILLIPS conducted the Prosecution.
Cross-examined by MR. CLARKSON. Q. What was she? A. She represented herself as a fore-woman in a stay warehouse—she lodged nine months with me—her conduct was good and quite circumspect all the time.
WILLIAM BEAMAND . I am in the employ of Mr. Evans. I keep the silk department—this roller is one of ours—it is a roller on which the silk was rolled up—we missed silk of this description—the prisoner frequented our shop.
Cross-examined. Q. When will you undertake to state that you saw that green silk on this roller? A. In the beginning of April—this writting on the roller is a private mark of mine—it means 2s. 6d.—I made it when the silk came into our possession—I do not know how many people sell silk at our shop—there are two generally, except they are engaged. and then other persons serve—there are about twenty shopmen there altogether—when silks are sold the blocks are put under the counter—they are some—times given away to persons who buy silks, but not very often—I have been with Mr. Evans about nine months—when the prisoner began to come to the shop she came every day or every other day—she always bought and paid for things—I told the magistrate that she came at times when we were not engaged, and I generally served her—she might have come thirty or forty times there before she was taken—I generally served her—I serve any one who comes.
Q. Have you been in any difficulty about this? A. There certainly was a statement made by the prisoner to Mr. Evans about this—I was not charged before the magistrate with having participated in this offence, but Mr. Evans informed me of it on the day the prisoner was taken, which was on a Wednesday, about a month ago—I do not know where she was taken—I was not present—during the nine months I was serving Mr. Evans, I had missed some of his goods, and I told him of it—I said nothing about losing any goods with respect to the prisoner—I had no reason to suspect her—I never knew her to buy more than two yards of silk at a time—I never saw her buy this—the roller, silk and all, were missed altogether sometime in the beginning of May, or the latter end of April—she might come eight or nine times to the shop after it was missed, before she was taken—none of the other shopmen who sell silk are here—I never suspected the prisoner—she was first suspected about two months ago, or rather more—she came two or three times after that—nothing was said to her about it—she was watched her the last time she came—nothing was taken then.
Q. Do you mean that a person could take silk on such on such a roller as this without your seeing her at times when you were not engaged? A. Yes, I do—she wore a clock, but she must have got the silk off the counter
first—there are persons on both sides in the shop—she generally came early in the morning—there would perhaps he more men then than customers, but there might not be more behind the counter—some of the men are window dressing at that time, and some decorating the shop—I do not see that at that time it would be more likely we should detect a thief than in the middle of the day, when the shop was full of customers.
MR. PHILLIPS Q. When the busy time of the shop comes, are the young men behind the counters? A. Yes, attending to the customers, and at that time some of them would be near me—the prisoner wore a dark plaid merino cloak—I have seen the cloak since—I had not the least notion who it was that was stealing the goods which from time to time were missing—I regularly informed my master when I missed them—the prisoner usually purchased from one yard and a half to two yards and a half—I have never been to her lodgings or visited her in any way—when I served her she generally asked for coloured silk—when I was serving her I sometimes had to go to some distance and was away from fie to ten minutes.
COURT. Q. Did she ever tell you where she lived? A. Yes; she said she was a bonnet-maker in Warren-street—I cannot tell when she said that.
MR. CLARKSON. Q. Did you ever ask her that? A. I did; it is a general custom in the trade to ask if they are near neighbours—that was the question I put to her—I had no other reason for asking her—the last time she was in the house Mr. Evans said he rather suspected her from coming so often to the house, and I asked her if she could let me have some of her cards, as most likely I could send her some customers—I never knew her name—she said she would let me have a card next time she came—I did not ask for her card before I had this conversation with Mr. Evans—I swear I had no other motive for asking her where she lived but the usual custom of the trade, I never asked her but twice.
GEORGE EVANS . I am a linen-draper and silk-mercer, I live in Tottenham Court-road. I employed a police-officer to watch, and after some things that took place, I found the prisoner at Mr. Smith's, a pawnbroker in Edgware-road—I asked her what quantity of silk she had robbed me of—she said she had not robbed me—I put the question frequently to her,—I said, "I am certain you have, tell me what quantity you have taken, and where you have pawned them"—I put the question frequently to her, and then she asked me very knowingly, would I promise to forgive her, and she would tell me all about it—I told her I would not promise any thing—I could not promise any thing—from my frequently putting the same question she begged me to shop a little while, and she said the silk she had was given her by a fair young man—I said, "What was his name"—she again said would I forgive her—I said no, I would not—she said, "I know you cannot do any thing to me without I tell you all"—I told her I could not promise any thing, I would not forgive her—in going out she caught me again, and said they were given her by a fair young man, and his name was Mr. Beamand—she did not give any reason why he should give her silks—I then went after the inspector whom I had employed, I think six weeks previous to this and brought him up and gave her in charge I asked her had she given Mr. Beamand any money for the property he had given her—she said, yes she had given sums she had given was about 6l.—Mr. Beam and had several times told me he had missed silks.
Cross-examined. Q. Did you say in this Court a little while ago when the prisoner fell down in a fit, that it was all fiction? A. I did say it to my solicitor, quite privately, and I can appeal to the jailor if it was not so—I cannot tell how she could have known Mr. Beamand's name—she might have heard it from any young man in the shop, or she might have heard me call him while she was there—when we have parcels to send home of course we ask our customers where they live, and if not, if they come frequently we ask them if we can recommend them—it is the custom of the young men to ask, and it is the custom of the trade—I should not think any wrong of it at all—I have seen this silk, but I cannot so readily identify it—I had some rolls of silk—we sell a few hundred yards every day—I employed the inspector of public six weeks before the prisoner was given in charge—I mentioned to him whom we suspected, and then to watch the porters, and then to watch one or two of the young men—I employed him to watch Mr. Beamand at the first go off of it—I knew not who was robbing me to such an extent—I did not know where to fix upon the person—I employed him to watch—I did not point out any one.
Q. Did you not name Beam and? A. I named them all, Sir—I told him that Beam and was the person who served the prisoner, and he might as well begin with him—no, I believe he began with another—I now recollect decidedly not telling him to watch Beamand first—I named two other young men first—I said my suspicion was on some customer that came to the shop in connivance with some one in the house—I said I suspected some woman coming to the house—I went to consult with the inspector as to the best way to detect the person robbing me to such an extent—I did not tell him that I suspected any of my shopmen in particular—I think I did not mention all my shopmen—I dare say I mentioned half of them—I went over with him at least a dozen of them—I told him to watch my whole house.
Cross-examined. Q. When was it? A. In 1832, on the 14th of June—that is the time I took her into custody—she was tried four years ago. on the 30th of this month I think, to the best of my recollection—I went to the prison last month to identify her—I never saw her, from four years ago, up to that time—she appeared at that time to e about twenty-one years old—she was a good deal lustier than she is now.
Mr. PHILLIPS. Q. Were you the person who took her up? A. I did, and I was at her trial and gave evidence.
COURT to GEORGE EVANS. Q. When she said they were given her by a fair young man, what silks were you talking about? A. I was alluding to the quantity of silks I had lost—I did not specify any in particular.
NOT GUILTY .
1735. ELIZA MORGAN was again indicted for stealing on the 15th of April, 47 yards of silk, value 7l., the goods of George Evans, in his dwelling-house; and that she had been before convicted of felony.
MR. PHILLIPS conducted the Prosecution.
truly what occurred between me and the prisoner, when I saw her at Mr. Smith's the pawnbrokers.
WILLIAM BEAMAND . I am shopman to Mr. Evans. The prisoner used to come there—I missed some lavender silk—I have brought a piece from my master—I missed a portion of this piece of silk—they were both ou rollers—I took this off the roller to bring it here—I have not measured this piece.
Cross-examined by MR. CLARKSON. Q. You took it off to bring it here? A. I took it off to take to Marlborough-street—since then it has been under the counter—the prisoner mentioned my name to Mr. Evans—I am not aware that I told her what my name was—I will not swear that I did not tell her, because any customer asking my name, I would give it directly—customers frequently ask my name,—she knew my address—I live at the shop—I will swear I did not give her my name without her asking it—I should not think of giving my name to any customer—I cannot say who my master bought this silk of—I have heard it was of the firm of Bowling and Garrett—I cannot tell where it was bought or of whom—it was not in the house when I went there—Mr. Gamble is the superior of that department—these goods came into the house in one piece, and Mr. Gamble cut it in two—I believe it was in the beginning of April, or the latter end of March—it was soon after stock taking, which is March—I missed one of these pieces of silk—this is the other—I believe I missed it at the latter end of April—I cannot tell how many times the prisoner came to the shop after it was missed—she used to come two or three times a week.
RICHARD ROPE . I live at Mr. Button's, a pawnbroker, in John-street, Edgware-road. I produce two pieces of light coloured silk—I was in the shop when they were pawned, but I cannot say who was the person—it was a female—there was a shopman there at the time I dare say.
Cross-examined. Q. Did you state before the Magistrate that you would not say who pawned it? A. I did, Sir—I am not aware of any other shopman being there but our own—he is not here.
WILLIAM EDMUND RUMSEY . I am shopman to Mr. Hall, of Maryle-bone-street, a pawnbroker. I have two remnants of silk, pawned on the 20th of April—I took them in of the prisoner—she first asked 30s. for them—I made out the duplicate for that, and then, on giving it to her and the money, she asked me 35s., and I lent it to her, considering them worth that—I asked her how she could account for having two pieces of one pattern—she said one was for herself, the other for her sister—she gave the name of Ellen Evans, No.11, Paddington-street.
Cross-examined. Q. Had you ever seen her before? A. No—I did not see her again till she was in custody—she was in the shop five or six minutes.
Cross-examined; Q. Am I to understand you to swear that they ever formed a part of that other piece? A. I should say decidedly so—it is a difficult matter to swear, but I never saw two pieces of silk the same colour, the same width, and the same selvedge in my life—Mr. Evans is not the first linen-draper I lived at—I see no likelihood of this being sold, because when they are sold the blocks are placed together, and the block of this piece was never found—we sometimes give blocks with silk
when the whole is sold—fifteen persons are employed to sell silks in our shop—I cannot swear that this has not been sold.
MR. PHILLIPS. Q. Did you miss, and tell your master that you had missed this lavender silk? A. Yes
GUILTY . Aged 25.— Transported for Life.
OLD COURT, Friday July 8, 1836.
NOT GUILTY .
1737. PHILIP GAMP was indicted for that he, on the 11th of June at St. Luke's, Chelsea, in and upon Charlotte Gamp unlawfully, maliciously, and feloniously did make an assault, and unlawfully, neck, and left arm, with intent, feloniously, wilfully, and of his face aforethought to kill and murder her—2nd COUNT, stating his malis to be to disable her. 3rd COUNT, stating his intent to be to intent some grievous bodily harm.
The prisoner did not plead to the indictment, and a Jury being impannelled, (upon the evidence of Mr. Mc Murdo, surgeon of the gaol, and Mr. Cope, the governor, both of whom were decidedly of opinion that he was insane, found that he was not in a fit state of mind to take his trial.
ESSEX LARCENIES, &c.
Fifth Jury, before Mr. Common Sergeant.
JOHN PEGREM . I am foreman to Mr. Charles Burrell, and live at Walthamstow. On the 27th of June he had some rope in my yard, attached to some pullies—the next day it was missing—this is it—they cut part off, but by what is left I can swear to it.
THOMAS BRICKELL . I am a policeman at Walthamstow. I was stationed by a sergeant to watch a ditch where this rope was—I watched till one o'clock at night—the prisoner then came, and listened very carefully to know if there was any body near—he looked round and he saw nobody—he then uncovered the rope, which was covered with boughs and grass—he threw it out of the ditch, and was taking it away—I went and took him and the rope—here are thirty five pounds weight of it.
GUILTY . Aged 55.— Confined Three Months.
KENT LARCENIES, &c.
First Jury, before Mr. Common Sergeant.
GUILTY . Recommended to mercy by the prosecutor. Confined One Month.
GUILTY . Aged 18.— Confined Three Months.
1741. JOHN SHEPHERD was indicted for stealing, on the 13th of May, 1 watch, value 2l.; 2 watch-keys, value 1s.; 1 watch-guard, value 1d.; and 1 watch-ribbon, value 1d.; the goods of Benjamin Tompsutt.
BENJAMIN TOMPSUTT . I am a gunner in the Artillery. The prisoner slept two beds from me in the barracks, at Woolwich—on the 13th of May, in the morning, between eight and nine o'clock, I put my watch under my bed-clothes—I missed it at four o'clock in the afternoon—this is it.
CHARLES JACOBS . I am a shopman to Messrs. Davis, pawnbrokers, at Woolwich. Between twelve and one o'clock, or twelve and two o'clock, the prisoner, who gave me the name of John Wright, pledged this watch—I asked if it was his own—he said, "Yes"—I am sure he is the man—it was between twelve and two o'clock—I had seen him before.
Cross-examined by MR. PHILLIPS. Q. Had you known him so as to recognise his person? A. I had seen him twice before—two or three times, perhaps four or five times—it might have been a week or a fortnight, or a month or three weeks before he came with the watch.
Q. What time do you mean to fix upon now for the pawning of this watch? A. Between
twelve and two o'clock—that is not the hour I have always fixed upon—I have said between two and four o'clock, or before two o'clock; but by looking at the books, I found the time—I had not been asked before—I said between two and four o'clock—Sergeant Hopper came to the shop, and asked me to describe the man's person—I said he was a young man, dressed in plain clothes, and a dark jacket—I did not say I could not tell as it was dusk—I said the shop was dark—I said I could describe the person—it was in the middle of the day, and the shop was dark—I did not give that as a reason for not being able to describe him, for I did describe him—I said I could not see whether he had a coat or jacket on, as he had not turned round, and the shop was dark—I have recollected since that it was the prisoner—Sergeant Hopper came with the officer's servants, and the prisoner amongst the rest, to my shop—I pointed out the prisoner—I swear that I did not say "Certainly you are the man, but I cannot swear to you"—I was then asked to state the time the pawning took place, and I said the middle of the day—I cannot remember whether I said the forenoon—the sergeant might have said, "Recollect what you are about—you told me it was in the dusk"—he did say so—I said it was in the dusk—it was in the forenoonm but, I meant dusk in the shop—I cannot recollect whether I said the forenoon—I afterwards said it was between two and four o'clock or before two o'clock—that was during my evidence—it was the next time the bench sat—the third time I was examined I said it was between twelve and two o'clock—I was examined but twice—I said the second time that it was between twelve and two o'clock—I made a mistake to-day when I said between twelve and one o'clock—I cannot swear positively. it was one o'clock—the shop boy was in the shop.
COURT. Q. You are quite sure the man had a dark jacket on? A. Yes, we do not put down in our book the time we take pledges, but young Mr. Davis was out; he came home a little before two o'clock, and during his absence I took it in—I am sure that the prisoner is the man—I have not the least doubt of it.
ROBERT ROWLSTONE . I am in the employ of Mr. Davis. On the 13th of May I remember some one coming to pledge a watch, between one and two o'clock I think—it was before we had our dinner—I am quite sure it was the prisoner—I do not recollect that I had ever seen him before.
Cross-examined. Q. Have you always stuck to that hour as well as your master? A. Yes, between one and two o'clock—I never said it was about two o'clock—we generally dine at, or before two o'clock—it might be an hour before two o'clock—it was about half on hour before dinner, which was before two o'clock—our shop is light, I could see any man's face clearly.
COURT. Q. Are you able to speak to the man, from his face and person as being the person who pledged this watch? A. Yes.
FRANCIS BICKBRDIKE . I saw John Shepherd in the barrack-room, where the watch was, between twelve and one o'clock—he came in, and asked me for his dinner—he sat down—I went into the other room and left him there—he came to the door, and said, "I have not finished my dinner, I think I shall have a walk on the Common, and see how they are getting on—I am not very busy"—I did not see him any more that day.
Cross-examined. Q. He left you between twelve and one o'clock? A. Yes, he was in the daily habit of getting his dinner there—he is the servant of an officer.
Prisoner's Defence. At the time that the witness stated the watch was pawned I stated I was at my master's house, and I stated the hours I was from my master's; and the next time we came before the Magistrate, he stated it was during these hours—Sergeant Hopper put the question to him, whether he could swear to me—he said he could not, but I saw more like the person than any of the rest—and he stated it was in the forenoon—then again in the dusk, and again between two and four o'clock—and now be states between twelve and two o'clock.
THOMAS HOPPER . I am sergeant in the 1st Battalion, Royal Artillery. I know the prisoner and his master—I went to the pawnbroker's, and asked Jacobs to describe the man—he said he had a dark jacket on, but it was dusk, and he could not describe his person—I am sure that was the answer he gave—I afterwards went with the prisoner, and some other officers servants, by command of Captain Wilson, his master—he saw the prisoner—he said he could not swear to him—he said the pawning took place in the forenoon—I am positive that was the phrase he made me of—I then put him in mind that he had said it was in the dusk before—he paused for a while, and said, "I did say it was dusk, but I meant the shop was dusk"—he did not say one word about the shop being dusk—on the first instance he never stated to me any hour of pawning—he was examined twice before the Magistrate—he mentioned at first between two and four o'clock, and then said, "Or before two o'clock"—I saw the prisoner on Woolwich Common on the 13th of May, within a few minutes of a quarter
past one o'clock he had on a light striped jacket—I never saw him in my life wear a dark jacket—the common is better than a mile from the pawnbroker's—the barrack room, where he gets his dinner, is not common to the whole regiment—every soldier in the regiment has access to it—I have known the prisoner about twelve months—he has borne an honest respectable character.
ELIZA SMALAN . I am the servant of Capt. Wilson. On the 13th of May the prisoner came to my master's about twenty five minutes to two o'clock, and did not go out till half-past nine—he had a light blue striped jacket on.
COURT. Q. How came you to remember it was twenty-five minutes to two? A. Because I am cook, and was waiting for something for dinner—I was complaining of his lateness in bringing it—I believe after I named it to my fellow servant, she said he had to call at the academy.
CAPTAIN RICHARD WILSON , R. A. I am the prisoner's master. I heard of this charge on the 13th of May—he was not committed till the 17th of June I believe; during that interval I continued to keep him as my servant—he had the care of the plate. On the 13th of May I sent him to deliver a letter at the academy, that is about a mile from my house—I conceive he delivered it, as I got an answer to it.
COURT to ROBERT ROWLSTONE. Q. What dress was the man in? A. I think he was in a dark dress, a servant's dress.
NOT GUILTY .
Second Jury, before Mr. Recorder.
WILLIAM TURKEY . I am a carpenter, and live in Thames-street, Deptford. On the 15th of June, about half past twelve o'clock at night, I was coming home from the Green Man, at Blackheath—I was intoxicated, and have not sufficient recollection to say whether any body spoke to me or offered to assist me—I do not recollect any man addressing me on my was home—I lost my watch—William Tuck has since shown it me—the seals and keys were attached to it.
WILLIAM TUCK . I am shopman to a pawnbroker in Free-school-street, Horsley-down, which is four or five miles from Deptford, between Deptford and London. A man brought this watch to our house about nine o'clock in the morning, on the 16th of June—I firmly believe the prisoner to be the man—I lent him 26s. on it—he gave the name of John Brown, Minories—I have not a doubt of him.
JAMES CONNER (police-constable R 191.) On the night of the 15th of June, about half-past twelve o'clock, before day-break, I saw the prisoner with the prosecutor—he was assisting him along, and had got him by the
am—I assisted him to the end of my beat—the prosecutor appeared quite intoxicated—this was in Old King-street—next morning I heard of his loss, and went to Kendall's Buildings, Flagon-row, Deptford—the prisoner was brought to me by another constable—I asked him where he had been—he said to London, to seek work—I said, I did not know he was in the habit of going to London to work—I said to satisfy the prosecutor, I must search him, and said, "What have you about you?" he said, 1s.—I searched him and found fifteen shillings in silver, and 1d. in copper—I always knew him to be a very honest man, but very poor.
GEORGE GOOD (police-constable R 114.) I took the prisoner into custody is Flagon-row—he lives close by—it was about one o'clock in the morning of the 17th—I asked him where he had been, he said, to London to seek for work—I asked him to come with me to Turkey's house—he immedistely went—I met the other constable and we searched him—on the day after his examination I took him to his house, and he showed me the seals and keys, which were buried by the side of his house.
BENJAMIN LOVELL , (police-sergeant R 15.) In consequence of information, I directed Conner and Good to take the prisoner into custody—he told me his brother had given him the money to pay his rent, and he knew where he lived but could not tell the name of the street—the Magistrate desired me to take him there—he took me over the water, but not to his brother—I at last found out his brother and took him there—he told his brother he had found the watch in the street, and pawned it at Rotherhithe—I took him there, but he could not find the pawnbrokers, I found it at Horsley-down—he denied all knowledge of the seals, and said there were no seals on it.
(Property produced and sworn to.)
Prisoner's Defence. I was going home and the gentlemen shoved against me, and asked if I was a policeman—I said, no—he had not got far before he fell down with his face on the ground—I went away from him five or ten yards—he overtook me again, got hold of me and dragged me by the ribs, and said, "Go home and sup with me, old boy"—I went with him as far as I could—he had several falls, and put his hand to his pocket three or four times and asked what it was o'clock—the policeman came up and led him a little way and then left him—we both fell down—I took him to the bottom of the street and said, "I wish to go home with you if I can"—he said, "Very well"—I did him good night, and on my return I found the watch in the road—he got a violent scratch in the face by falling down.
GUILTY . Aged 45.—Recommended to mercy— Confined Three Months.
Fifth Jury, before Mr. Justice Bosanquet.
1743. EDWARD MILLS and THOMAS HEAS were indicted for a robbery on Henry Kingston, on the 2nd of July, putting him in fear, and taking from his person, against his will, 1 watch, value 3l.; 5 seals, value 10s.; 1 watch-key, value 1d.; 1 watch-ribbon, value 1d.; 4 half-crowns, 5 shillings, and 1 sixpence, his goods and monies.
HENRY KINGSTON . I am a seaman on board The Albion, which laid on the 2nd of July abreast of Woolwich Dock-yard, on the south side of the river. I went on shore to a public-house, and was passing through the church-yard, between eight and nine o'clock in the evening—Mills came up to me, and knocked my hat over my eyes, and struck me three or four different times—I had seen him before, but he was no acquaintance of mine—he
knocked me down—I got up again, and was not fairly on my legs before the prisoner Heas knocked me down again—I never saw him before—he struck me with his fist—they ran round the church, and I ran round the other way—I sent a fellow servant for assistance, and he brought Stevenson, the watchman—I took him to a public-house, and pointed the prisoners out there—I had watched them go in there—I did not feel any thing taken when I was knocked down, but when I got up the second time, I missed my silver watch, and money out of my trowsers pocket—I did not mention it to the prisoners—I had between 17s. and 18s. to the best of my knowledge—I know at twenty minutes after eight o'clock, I had both watch and money—I paid for a pint of half-and-half when I came out of the public-house, and had my money safe then—I took my watch out at twenty or twenty-five minutes after eight o'clock, just after I can out of the public-house—I am sure it was safe in my pocket when I came out of the public-house—there were two seals and a key to it, and a piece of black ribbon with three knots in it—I saw the constables find it in the churchyard, and knew it again.
Mills. Q. Did you say we knocked you down? A. Yes—you ran away, and Hears came and met me again, and caught hold of my collar—I did not tell you on board the ship, that I had neither watch nor money, for I had lost them in London.
Heas. You pointed Mills out to the watchman, and after he was gone out of the public-house, I was there lighting my pipe, and you called to me, and said, "Young man you don't know what my shipmate had got belonging to me"—I said, "If he has got any thing of yours I have nothing to do with it," and you said, "No, you had not." Witness. I never said so.
WILLIAM DAVIS . I am a policeman of Woolwich. I went to the churchyard in consequence of information, and saw Kingston there—I looked about, and found the watch about six yards from where he said he was knocked down—it was covered up with grass behind a tombstone—I found a portion of the broken watch-glass with it.
ARCHIBALD STEVENSON . I am a watchman. I went to the Hampshire Hog public-house, about quarter-past ten o'clock on this evening, and saw both the prisoners there—as soon as I came in Mills made his escape—I tried to take Hess—he was standing there while I was getting an explanation about it, and he made his escape also—I went to lay hold of him, but he doubled himself down, and ran out.
Heas. Q. Did you hear the prosecutor say any thing to me about his shipmate? A. I do not recollect any words passing—I was endeavouring to take the prisoner, and did not attend.
CHARLES STEWARD WARDEN . I am a constable. I apprehended Mills at his won lodging, in Chesnut-row, Woolwich, on Sunday morning, about half-past six o'clock, the day after the robbery—I told him I took him for assaulting and robbing Kingston of his watch in Woolwich churchyard—he said that circumstance had been mentioned the previous day, on board a ship—I asked him why he ran away from the watchman, when he said he was not guilty—he said he did not like to be taken to the station-house for such a circumstance, as that was—saying at the same time, that it was only a lark—I searched his lodging, but found nothing—I took Heas at a lodging-house about ten o'clock the same evening—he asked what for—I told him it was for robbing Kingston—he hesitated, and then said he was not near him by two yards—I searched him, and found a portion of biscuit, and part of a balled, which the prosecutor identified.
Mills' Defence. Kingston came on board our ship on Tuesday, and on Wednesday he got leave of absence, and never came on board again till Saturday about four o'clock—the first thing he said when he came on deck was, that he had been to Fairlop fair, and had lost his watch and money there—we had our supper, and went ashore together—when we got ashore, Kingston and the steward went away together, and we left them, and went by ourselves straight on to the Horse and Star public-house—I there saw Heas and Michael M'Craight—we had a pot of beer or two together there, till it got about half-past eight or a quarter to nine o'clock—I got up, and came towards the churchyard—when I got into the middle of the churchyard, I met Kingston, and Crispin, and Austin, the steward—we all met together, and began sky-larking—I turned round, and happened to see Kingston—I just touched him on the hat—I did not think he would be offended—he said, "I shall give you in charge if you do that again"—I said, "What, are you a man like that?"—I took my hand carelessly, and touched him slightly in the mouth, but not to hurt him—I then walked down to the Hampshire Hog, and did not see him again till the next morning.
Heas' Defence. I was in company with M'Craight from about half-past five o'clock—I went to draw my wages at the public-house, having been at work in the dock—after receiving them I came to the Horse and Star, and met this man—I left there, and was going towards the churchyard, and met Kingston and Crispin—I am Crispin got larking, and when we had done we shook hands—Mills turned round, and said, "Here is another old shipmate of mine," and touched the prosecutor on the hat—he said he would give him in charge—Mills asked him if he was a man like that, and he said, "Yes," and Mills hit him in the mouth, but I never spoke to him—I was not near him.
MICHAEL M'CRAIGHT . I am a labourer. I am not a seaman belonging to The Albion—my brother is—I was examined before the Magistrate as a witness for the prisoner—this is my mark (looking at his deposition)—I was coming through the church-yard on this Saturday night with Mills and my brother and Heas—we came from the Horse and Star—I had not been on board The Albion at all—I saw Kingston in the middle of the churchyard—I did not know him before—I knew Mills by sight—he belongs to The Albion—Heas worked with me in the Dock-yard—I was coming through the Churchyard, and saw Kingston, Crispin, and Austin, coming towards us—Heas and Crispin began to sky-lark, and after they shook hands—Mills turned round and said, "Here is a shipmate here of ours," and touched him on the hat; and Kingston said, "If you do that again, I will give you in charge"—Mills said, "Are you a man like that, a shipmate and all?" and said, "and he touched him with his open hand in the mouth—they then parted, and went through the churchyard—I did not see Kingston on the ground, not on his knees—Kingston said, "That will do," and walked the other way towards the Dock-yard—Mills and Heas behaved very well—they were sober—Kingston was rather in liquor—he walked very well—he did not tumble down—there were no blows given to knock him down—he could walk upright.
Q. You said before the Magistrate he could hardly walk upright? A. That is a mistake, I said he was rather in liquor—he walked upright enough, for what I saw—he did not tumble down at all—I came all the way from the Horse and Star with Mills—we came altogether—I did not see Heas strike the prisoner at all—I was there all the time.
JOHN COMERFORD . I worked in the Dock-yard with Heas about a fortnight ago at Woolwich, and last Monday morning I understood he was in custody, and that a ballad was found on him which the prosecutor swore to.
HENRY KINGSTON re-examined. I know this ballad (looking at it)—it was in my possession last Saturday evening at the time I was robbed, and had this piece of biscuit eating, a piece of mutton chop on, and there is grease on it now: and here is his Majesty's mark on it.
Heas. That biscuit I got on board the steam-boat on the Sunday, and the ballad I had a week before.
JOHN COMERFORD continued. The ballad I had was equal to another like this—I will swear this is the same balled—I will not say it is the same—it is the one I had in my possession a fortnight ago—I picked it up in the Dock-yard when I was at work there—I read it, and returned it to Heas again, and saw no more of it—it was the week before last—it was as it is now—it is a whole song, but there has been another song above it—this is the piece I speak of, and what I returned to Heas—the prisoners have both borne good characters.
HENRY KINGSTON re-examined. This balled is a part of what I did have—it was about as long again when I had it—I will swear it is the same—Crispin is the steward of my ship—he was in my company that night—Mills and Heas came up together—I never saw Michael M'Craight, to my knowledge—I know his brother.
Heas. Q. Did Crispin stop there till we went away? A. I do not know—he did not tell me to take no notice of it, and come back and have some beer with you—he did not say he would stand a pot of beer, and make it all right—Crispin had come ashore with us, but I think he walked by, and did not see me robbed.
JURY. Q. Was the ballad a favourite with the crew, or what do you swear to it by? A. The crew never saw it before they got it out of my pocket—I got it at Barking—it is "The Fisherman's Glee"—this is my watch, and my name is on it.
CHARLES STEWART WARDEN re-examined. The prosecutor was examined twice, and at the second examination he stated he had overheard Heas say to Mills, after they were moved from the prisoner's box," I drew him of it, and it is now in the church yard;" and he said that he stated that to the constable, which I contradicted on oath—the Magistrate asked me to state what I knew of it, and I said it was that morning (the second examination) that he had told me what he had heard the prisoner say, not at the other examination, or I should have searched for it—it was in consequence of Kingston's information that I found the watch.
NOT GUILTY .
Before Mr. Justice Vaughan.
GUILTY . Aged 41.
(There was an indictment against the prisoner for the wilful murder of the same party, upon which Mr. Clarkson, on behalf of the prosecutors, declined offering any evidence.)
(Mary Steptoe, of Willow-street, Shoreditch, and Sarah Lovel, of Cornwall, gave her a good character.)
Confined Two Years.
Fifth Jury, before Mr. Common Sergeant.
HARRIET CROUT . I am single, and live in Cannon-row, Woolwich. On the 24th of June, about half-past nine o'clock at night, I missed a teaboard—it was brought to me—this is it—the prisoner had come in about a quarter-past nine o'clock that evening—I asked them what they wanted—they said nothing—I told them had better go out—they would not; and Brindley, who was tipsy, wanted to sit down—I would not give him a chair, and Gives took him out.
JOSEPH BUTTERFIELD . I am constable of Woolwich. From infromation I apprehended Gives on Saturday, he 25th, between twelve and one o'clock—he was on sentry at the Royal Dock-yard—I went to the Sergeant-major—he sent a man for him, and took him to the cage—I had a pair of shoes which I took off Brindley's feet, and they correspond with some marks inside the prosecutrix's house, and there was some dirt on the chair.
CHARLES DAWSON . I am a watchman. On the evening of the 24th, I was going my rounds, and saw the two prisoners—Brindley had this teaboard with him—I took him, and asked him where he got it—he said his wife brought it from home—I asked where he lived—he said the upper part of Pollard-street, near the detached guard.
Brindley. I bought it of a man—he asked me 1s. for it, and I gave him 9d.
BRINDLEY— GUILTY . Aged 20.— Confined Three Months. GIVES— NOT GUILTY .
Sixth Jury, before Mr. Sergeant Arabin.
1746. THOMAS BANISTER, FREDERICK PARSONS, HARRIET HICKEY and MARGARET DONOVAN were indicted for stealing, on the 12th of June, 1 pair of half-boots, value 8s. the goods of Thomas Tracey, from his person.
THOMAS TRACEY . I am a Marine, quartered at Woolwich. On the 2nd of June, I had been drinking at a public-house, and left at half-past eleven o'clock to go to the barracks—I was very drunk, and when I got into the air I got worse—I think I laid down, and when I came too, I found myself lying in the street, and my boots cut off me—when I left the public-house, I had my boots laced tight on—they had been cut off, and my right foot was very much cut—I was in the hospital sixteen days—I had not seen the prisoners on the night I lost them—it was Saturday night or Sunday morning.
WILLIAM GREEN . I am a watchman of Woolwich. I was of duty that Sunday morning at four o'clock, and was in a lane called Ship-stairs—I observed a great deal of blood on the stone of a public-house—I traced the blood about 30 yards, and there I saw the prosecutor buttoning up his trowsers—his boots were off, and his trowsers were all bloody as high as his knees—he was quite sober then, but quite in a debilitated
state—his stockings and feet were cut—I gave him in charge to our superintendent—I then took two men with me, and saw a boat coming up with parsons and the two female prisoners in it, about a quarter past five o'clock—I saw them go alongside the Peter boat, and Parsons took these boots out of it, and put them in the boat he was in—he then came towards the stairs—he saw us, and seemed to avoid us, and was going to pull towards the river—we drew off, and then he landed at Ship-stairs—he pulled off his shoes, turned up his trowsers, and washed his feet and hands in the Thames—he then up the stairs—I went and took him, and told him that these boots which he had in his hand were what I was looking for—(the tongue of this boot is cut through, and here is blood in the boot)—he seemed very much agitated, and could hardly get a word out—at last he brought out the word "Tracey"—I told him he must go with me to the station, and we took him—he declared he was innocent of any thing—I showed him the blood that laid about, and said the man was pretty well killed—he put his two hands together, and said, so help him God, it was not him, but he knew the man that did do it—we left the women while we took him to the station—when he got there, he said he had the boots from Banister—we searched him, and took 4d. from him, and on over hauling his coat, we found blood under the arm, where we suppose the boots had been put—we then went back for the women, and as we were bringing them up, one was bantering the other to tell the truth, and at last Hickey said that Banister was the man that Parsons got the boots from, and that at the time the boots were taken from the man, she made the remark that it lay in her power to transport them both if she liked—I left the women in the custody of my brother officer, and went to Banister's lodging—I found him on the bed but not undressed—I questioned him whether he had been with parsons during the night—he said he had the whole of the night, and had left him about half-past three o'clock in the morning—but previous to my finding Tracey, I had seen Banister coming up the lane at near four o'clock, and I called to him, to tell him that his wife, or the woman that he lives with, was looking for him, and he ran away from me—I watched him home, and on returning from there, I discovered the blood, and the prosecutor.
THOMAS MORRIS . I am a watchman of Woolwich. I assisted in taking Parsons, and was at the station when Banister was brought in which was about half an hour after Parsons was there—I searched Banister, and found this knife in his jacket pocket—it has some blood on the handle, and on the small blade of it—he wanted it back again, I said, no, I should keep it in my possession—he did not say any thing about the boots.
Q. Do you mean to say, that nothing was said about who cut the boots off? A. No, there was not to Banister—I made my mark to my deposition, and it was read over to me—Banister did not say my thing to me about the boots—I knew him before—I did not hear Parsons say any thing about the boots.
Parsons. Q. Where were you when I came on shore? A. On Shipstairs—we drew back a little distance, and then you came up the stairs.
SAMUEL NICHOLLS . I am a constable of Woolwich. I was at the watch-house that morning, and Richard Fowler, who is not here, asked me to allow him to go into the cage to see the prisoners, and let them have a pot of beer, which I did—I heard Parsons say to him," So help me God." Dick. I did not see the man take the boots off his feet, he slipped
from me, but he brought me the boots, and I put them under my and which caused the blood to be on my coat."
Parson's Defence. I was rowing up, and went aside the Peter boat—I saw these boots in the boat—I took them, and was going to carry them up to the man's house—Green then came, and said they were what he was looking for—I said, "There they are, take them"—I them put on say own boots and walked with them—I might have thrown them over board or on one side, instead of having them in my hand—my hands and feet were muddy, as I had been in the mud to Barking—Green used the would "Tracey" first.
BANISTER, HICKEY and DONOVAN— NOT GUILTY . PARSONS— GUILTY . Aged 34.— Transported for Fourteen Years.
First Jury, before Mr. common Sergeant.
GUILTY . Recommended to mercy by the Prosecutor. Confined Six Months.
WILLIAM BOGGIS . I live in Waterloo-road. About eleven o'clock on the 22nd of June, the prisoner came in and maked if I wanted to buy some matches—he went out, and soon afterwards I missed my handkerchief—I ran out and saw him tossing up with some boys—I saw my handkerchief in his pocket—he drew it out and gave it me—this is it—I had it in my pocket when he was speaking to me.
Prisoner I found it by a wheel-barrow, and had it five minuter and then he came and said, "I understand you have a handkerchief of mine?"—I said, "Yes—is this yours?" Witness No—he solemnly denied that he had it.
Prisoner I was coming down the New Cut, and found this handkerchief lying by a wheelbarrow.
GUILTY . Aged 15.— Transported for Seven Years.
1749. ANN UNDERWOOD was indicted for stealing, on the 21st of June, 1 box, value 1d.; 1 gown, value 3l. 5s.; 6 caps, value 10s.; 1 shawl, value 15s.; 1 brooch, value 1l. 5s.; 1 pair of half-boots, value 5s.; 6 pairs of stockings, value 9s.; 1 cape, value 12s.; 1 apron, value 3s.; and 1 muff, value 3s.; the goods of Edward Halfhide, in the dwelling-house of Charles James Fox Trery.
June—I missed a hand-box and all the articles—the servant had left it in the hall.
JAMES BRISTOW . I drive a go-cart. I overtook the prisoner and another woman near Tooting, on Tuesday, the 21st of June—the prisoner rode in my cart from the Castle, in Tooting—I went into the tap-room, and said, "Where is the luggage?"—she said it was on the table—I took it, and put it on the foot-boart—I am sure that is the box—I brought it from the cart and put it by the side of the prisoner, at Mr. Jone's, and told her to mind she did not lose it.
Prisoner I had no box, and never told him to take one—he left it at the public-house where he put me down. Witness. I asked her where her things were, and she said, "There it is"—I took it from the table, and put it on the foot-board—I carried it for her to the Alfred's Head, and then put it down on the form beside her, and told her to mind she did not lose it—I went away and left it.
CHARLES JAMES FOX TRERY . I keep the Castle lnn. I remember the hand-box coming there—the prisoner was in my house at that time—she left the tap-room and came to the bar, and asked how much the pot of ale was—I saw her go to the go-cart—I did not miss the parcel till an hour afterwards, when the lady came and inquired for it.
WILLIAM WILTSHIRE . I am a police-constable. I apprehended the prisoner at Mr. Nicholson's, the tea-dealer's, and he questioned her what she had done with the box she brought from the Castle, at Tooting—she said she had left it at a house on Saffron-hill—she then took me to a court in West-street, which is close on the spot, and there she pointed the box out to me—she said she never saw the box till she got to a public-house by the Elephant and Castle—when the man brought it and left it by the side of her, and seeing no one come to take possession, she left it in care of the landlord, and called for it herself the next day.
Prisoner I never told the man to carry the box, as I had no such thing—I went to Mr. Nicholson's to know which was the best was to find the owner.
NOT GUILTY .
Before Mr. Recorder.
1750. JAMES WILLIAM HONEYMAN, THOMAS WATTS , and HENRY BARKER , were indicted for stealing, on the 2nd of July, two sculls, value 5s. the goods of John Pavitt, in a boat, on the navigable river Thames.
JOHN PAVITT . I am a waterman, and live at Wandsworth, in Surrey. On the 1st of July I had a pair of sculls in my boat, I left them safe at nine o'clock night—I found them, at a quarter before five o'clock next morning, in a boat, with the name of "Graves" on it—it is out of my power to tell how they got there—they are often used by other people.
JAMES COOKE . I am an apprentice to James Peters, a waterman at Wandsworth. I assisted my master in securing the prisoners, on another charge, at about half-past three o'clock in the morning—they were in their own boat—the name of "Graves" was on it—we towed them down—Pavitt's sculls were found in their boat—his boat was moored opposite the White Horse, between Putney and Battersea—I took them nearly a mile from where he keeps his boat.
JOHN PAVITT re-examined. I left my boat moored at Wandsworth, and at that time Graves's boat laid alongside of mine—the prisoners were found about half a mile from where I left my boat—I was called up early in the morning by Cooke—it sometimes happens that sculls are borrowed by watermen who have not got any of their own—they borrow them without leave.
NOT GUILTY .
1751. JAMES WILLIAM HONEYMAN, THOMAS WATTS , and HENRY BARKER , were again indicted for stealing, on the 2nd of July, 3 fish, called barbel, value 1s.; and 40 flounders, value 3s.; the goods of William Peters, in a boat on the navigable river Thames.
WILLIAM PETERS . I am a fisherman, and live at Wandsworth, in Surrey. On the 1st of July, at night, I had my boat moored against the white Horse at Wandsworth, by the water-side—I had three barkets and a great quanitity of flounders—they were alive in the well of the boot when I left them—I thought they would fetch next morning I was called up, and found some barbel and nearly all the flounders gone—they were worth about 5s.
JOHN REDKNAP . I am a waterman and bargeman, and live at Hammer smith. On the 2nd of July, at about quarter past three o'clock in the morning, I was in my barge, and saw the three prisoners alongside Peters's boat, taking the fish out of it—the boat was afloat at anchor, at wandsworth—Honeyman held the boat's stern—Watts was taking the fish out, and Barker was keeping the boat steady with a scull—I saw Watts take flounders out and put them into the boat, and I saw Honeyman jobbing them down at the bottom of the boat, to kill them—I saw him put some barbel into a light-coloured handkerchief—I asked if they were not ashamed of themselves, for hurting a poor man—they made no answer, but one said to the other, "Pull away"—I afterwards saw the fish at the station-house—they were bruised.
Cross-examined by MR. PRICE. Q. Did you pull after them? A. No, I did not—Peters and his apprentice did—I was about sixteen feet from them—it was a beautiful morning—I did not see them throw fish at one another—they were lively, but not drunk—three drunken men could not have sat in that small boat—I cannot say whether they were sober—I can swear one flounder was alive—Mr. Graves came before the Magistrate to swear one boat—he said he would have trusted Honeyman with twenty boats.
WILLIAM PETERS re-examined. I pulled after the prisoners in the bost about 100 yards, and then caught them, and took the fish out of the boat—I found two handkerchiefs on board in which the fish were put.
Cross-examined by MR. PRICE. Q. Is it not a very common thing for young men to take fish, and come and pay you afterwards? A. No—I think if they had not been intoxicated they would not have done as they did—it was on Saturday morning.
COURT. Q. When you came up to them what did they say? A. They said they had bought the fish of two men in a skit, and denied taking them out of the boat.
BARKER'S DEFENCE . It certainly was our intention to pay him for the fish, on our return from bathing—I have held a respectable situation in life many years—it a hardly possibly I should place myself in such a situation, merely for a few fish.
JAMES PETERS re-examined. I was very angry with them when I came up to them, because they attempted to get away—and their boat would go faster then mine, if they had known how to row—I just touched the boat's stern, and they pulled a whole boat's length from me—I said they deserved hanging, for robbing a poor man—when I took them they had stopped at the bridge—it was perfectly day-light—they did not appear to be going to bathe.
Honeyman. I had a half-sovereign in my fob, but he did not feel there. Witness. I searched every pocket he had—I cannot say I searched his fob—I asked him if he had any money, and he said he had a shilling.
Cross-examined. Q. Did you look in his hat? A. No—I did in his right shoe.
(The prisoners received a good character.)
NOT GUILTY .
Before Mr. Baron Vaughan.
1752. HENRY MATTHEW MEADS was indicted for that he, on the 19th of June, at St. Mary's, Lambeth, unlawfully, maliciously, and feloniously did set fire to a certain house belonging to, and being in possession of George Crooks, with intent to injure him—2 other COUNTS, varying the manner of laying the charge.
MESSRS. ADOLPHUS and BODKIN conducted the Prosecution.
GEORGE CROOKS , I am a grocer, and live at No. 42, Lambeth-walk, in the parish of St. Mary, Lambeth, in Surrey. I have lived and carried on business there for seven years and a half this Midsummer—I am married, and have two children—the eldest will be eighteen years old next February, and the youngest eight years old next November—my wife is living—they were living in the house with me at the time—the prisoner came to live with me in the mouth of November, 1834, as an apprentice—20l. premium was to be paid with him from a charity-school, at Eaton, from which I had him, and there was an agreement for 20l. more, to be paid by Mr. Lawson, his guardian—I understand from the prisoner and from other parties, that his mother had been in a Mrs. Piper's service he is no relation of Mrs. Piper that I know of—the indenture were executed, on the part of the school, in February this year, when I received the 20l.—no binding took place till February this year—Mr. Lawson declined paying the 20l., and it was not paid—the prisoner was anxious to be free of the City, and he proposed to pay me—he said he would advance 5l. if Mr. Lawson would—it was ultimately agreed that he himself should pay the £5, and upon that the indentures were executed with respect to the freedom—that was in February—he continued to reside in my service after that—in May last he went into the country to visit his friends, at Easter—he went to Eaton and Windsor—he went on the Sunday and returned on the following Friday—my wife made some communication to me after his return—about a fortnight after his return he went again into the country, in consequence of his sister's illness—I think before he went I had received 7l—from him, besides the 5l.—I received it at one time—it was before he went away at Easter—I instructed Mrs. Crooks to ask him for the 7l—I do not recollect that I was present when she asked him any thing—I received the 7l. from my wife—after he had been in the country, a sister of my
wife's (Mrs. Goodenough) came to my house to clean it down—that must have been about the beginning of June—in consequence of what my wife communicated to me, I went up into the prisoner's bed-room, and found a quantity of silver in a purse, which was in a little square box—there was between 13l. and 14l.—there was 2l. 10s. in gold, and the rest in silver—there were two gold rings in the box, a morocco mare, a silver dessert knife and fork, a small silver dessert knife, a silver booth-pick, and some other things—I replaced them in the box, and left them as they were found—on the following Sunday he came to me after dinner, and wanted to take a walk—my wife said to him, "No, Henry, we want to have some conversation with you"—she said that Mrs. Goodenough, on removing his box by the lid, the pressure of what was in the box made the hasp give way, and she said there was money in there, and we wished to know how it got there—she said there was between 13l. and 14l. the prisoner said, "I am very sorry, Ma'am, that I have told you a story—I told you I did not see Mrs. Piper, but Mrs. Piper gave me 15l. when I went to bury my sister"—(that was to May)—I think my wife asked him if Mr. Piper gave him that quanity of silver—he said, "Yes," and that she likewise gave him two gold rings and said to him, "Henry, I should not wish you so wear these—yet—it is not proper for you—have you any body at home who will take care of them for you?" and he made answer to Mrs. Piper, "Either any master or mistress will"—I then said, "Henry, I should like to go up-stairs and see what amount of money you have"—he went up, and spened his box—I went with him—the money was removed from the seal box into a larger box—it was not in the box I had seen it in before—I found 12l. in silver and 2l. 10s. in gold—there was nearly 1l. more silver that there was in the small box, and I found two quart wine bottles empty—he said that his uncle at Eaton had given him two bottles of currant wife—I said to him, "Henry, this is too much money for you to have in your possession, by you leave I will take it into mine," and I did so with his sanction—I took 14l., two gold rings, and nine four penny piece—he took 10s. himself, that he should not be without pocket money—this was on the Sunday—on the Wednesday after, I went to bed about eleven o'clock—he went to bed at the same time—my wife had gone to bed prior—I slept in the first floor back room—he slept in the befound floor back room, over mine—my children slept in the room adjoining his—the first floor front room is a sitting-room—there had been some things washed, and they were drying in the kitchen that evening—they were hanging on a line before the fire—they had been ironed—the under box if usually kept on the stairs, near my bed-room door—it was not in its proper place when I went to bed that night—I desired the prisoner to go down and fetch it—I did not wait till he returned, but went lote my bed-room—I heard him come up-stairs very shortly after—he merely did me good night, and went up-stairs to his bed-room—in consequence of something that was told me the following morning, I went down into the kitchen, and obeserved a quantity of linen which bad been froned the previous evening, burnt entirely to cinders—there was a pair of drawers and other things—I cannot enumerste them—I had before that time been in the habit of insuring my property in the Globe office for nine yers, for 400l.—my insurance had expired at Christmas last—it was my stock in trade and furniture—the house is insured by the landlady—I had omitted to renew my policy last Christmas—I insured she same description.
of property every year—it was not the same amount of stock the whole nine years—from 1831 to the present time it was 400l.—in consequence of the alarm of fire in the kitchen, I insured my property again, at the Glote Insurance, for the same amount, on the Friday after it took place—the fire happening in the kitchen reminded me that my insurance was out—on Saturday the 18th of June I shut up my shop, after one o'clock on Sunday morning I think—I was up till that time—I was the last person that went out of the shop, and the last that went to bed—the prisoner preceded me—it must have been half-past one, I dare say—we went up together—I followed him immediately—that must have been about half-past one o'clock.
COURT. Q. Did not you make it later than that, before the Magistrate? A. I think not—it was not after two o'clock.
MR. BODKIN. Q. Did you hear any clock strike that night? A. My clock struck two as I was getting into bed—I usually go to bed as late on Saturday—it is my habit to leave the door of my room open in the summer time, on account of the smallness of the room—I did so that morning—I was alarmed about three, or half-past three o'clock, by the prisoner—he came to our bed-side and said the house was on fire—I got out of bed immediately—the prisoner had his trowsers on, I could not notice anything else in the hurry of the moment—I went down stairs—I stood on the stairs and looked into the shop, and observed it all on fire—I could see into the shop from the stairs—the door was open—I desired my wife to go up to fetch the children—she brought them down undressed—I ran up the stairs afterwards, and kept hallooing "Henry! Henry!"—I ran up to the first floor—he had ran up-stairs when he left my room—Mrs. Crooks told me he was gone out of the window—I did not know he had made his escape—I took my trowsers stockings and cash-box down stairs—my cash-box was kept under my pillow—the prisoner's money laid by the side of it, in a paper which I put it into when I had it from him—I took it down stairs with the cash box—there are leads to our house which the front room window opens upon—I went out on the leads and saw a man on the leads—he was a stranger—he was hallooing after me—with dreadful oaths, he said I was his prisoner he was without his coat, and I believe intoxicated—Mr. Lewis, a neighbour was by at the time, and he interfered with the stranger—he came down into the garden after me—I have never seen that person since—he did not appear before the Magistrate to my knowledge.
COURT. Q. Have you any reason to know he was acquainted with the prisoner? A. I cannot say that.
MR. BODKIN. Q. Have you any reason to know whether he was an officer, or what? A. No, I have no reason to know—I went into the garden and he came after me and wanted to take me into custody—Mr. Lewis and some other person came there also—I agreed to got to the hair-dresser's shop in the neighbourhood—the strange man did not accompany us there to my knowledge—when I got to the hair-dresser, the prisoner was there—I said, "Henry," and be stared very hard at me as if he did not know me, and appeared quite stupified—I had my night-cap on, and was persuaded to take it off—I said, "Henry, do you know what you are saying of?" and he looked very hard at me in the face, and then went into a fit—I put that question to him from the reports that I had heard between the time of my being awoke, and going into the garden—Mr. Lewis had told me something, which induced me to put that question to the prisoner—I do not remember any thing more passing at the hair-dresser's shop—I
returned to my own house for some mustard to make him a mustard poultice.
COURT. Q. Then he appeared to you really to be in a fit, and you thought it right to get a poultice? A. Yes, I was ordered to do so by a medical man who saw him.
MR. BODKIN. Q. Were you detained there in custody or allowed to go at large? A. Allowed to go at large—I did not notice what become of the strange man who wanted to take me—I returned to my house and inspector got the mustard—the fire was put out shortly after—Field, the policeinspector came to me between ten and eleven o'clock that morning and made a communication to me—I afterwards accompanied him to Eaton, to make inquires—I inquired after Mrs. Piper, but was not able to find any such person—I inquired of a person named Harris, at Willowbrook—the fire was put out about five o'clock, and I found a carpet bag, between eight and nine o'clock in the prisoner's bed-room—the police were present, and some firemen were in the house—the bag laid down by the side of the bed, it used to hang up in the passage—I saw it opened afterwards, and a case with a telescope was found in it, and all the things I had before observed in the small box—I did not find an iron pestle.
Q. Did you notice whether any part of the house had been burned by the fire, whether it had caught fire? A. Yes, the entrance of the shop from the street, where the bags hung, was completely burnt—it was a wall, but a quantity of paper bags hung on the wall—the counter and shop shelves were fired—they were black and had been burnt—half of the front part of the counter was consumed—the door leading into the shop was nearly burnt through—I had looked at the safety of the house that Saturday night—I have gas laid on—the prisoner turned it off that night—I was present, and before I left the shop, I took the glass off the pillar and put the candle to it, to see if it was all safe—there was no fire in the house that night.
Cross-examined by MR. PHILLIPS. Q. Will you tell me how much money you actually received as premium with the prisoner? A. 25l.—I borrowed 7l. from him—that was the only loan—that was in March, 1836—he came into my service in November, 1834.—I repaid him 2l. before the fire took place—I was 5l. in his debt—I had the money to repay him if he asked for it—I only knew of his having money by his own report—he used to spend money—an accordion was bought for 3l., but not at my wife's request—my daughter, by the sanction of the prisoner, took it to school with her when she went—she will be eighteen years old next February—I cannot call to mind whether my wife told me what the prisoner paid for it—I recollect, I think she told me it was 3l., as near as I can call to mind—I never saw my wife wear any thing belonging to the prisoner—I never saw her wear his gold watch—I do not know it if she has—I know he had a gold watch—I first insured for 250l.—I had two shops, and disposed of one—the goods altogether, and utensils in trade in this house were insured for 400l.—there are four rooms in the house or five years before the fire—I take it somewhere about every five years—I will swear I took it within six years—I do not swear my stock amounted to 400l. in 1836—it might amount to 250l. Perhaps, or 300l—when I renewed my policy for 400l. I will not swear positively that my stock and utensils amounted for 250l. I will swear it amounted to 200l.—I should consider it worth not less than 250l. on the day I renewed my insurance—I cannot take
on myself to say it was worth more—I have been in the habit of insuring for 400l. for five or six years—I always considered my furniture as included in the amount—(handing in a policy dated 1829.)—I gave instructions verbally to one of the clerks for what I insured—I certainly understood my furniture was insured as well as my stock in trade and stensils—I should not insure my stock and utensils alone for 400l. I swear I intended to include the furniture—I cannot swear that the clerk asked me how much my furniture was estimated at—he might have done it, but I cannot call to mind.
Q. Now we have sent for him. On your oath, did you intimate at any time, to any clerk in the officer, that you intended to insure your furniture as well as stock in trade? A. I should consider myself very neglectful if I did not—I cannot recollect whether I did do so or not—I have two or three policies at home—I have read them—the word furniture was mentioned in one of them—I think it was in the first—I do not find the word furniture in this policy, but I was struck at the time with the omission of it—I cannot tell the name of the clerk to whom I gave instructions for the new policy—I think I should know him if I saw him—I was not aware of the omission in the new policy till after the fire—I paid the premium on this policy regularly every year—I never noticed till after the fire that furniture was omitted—I received it and put it away—I altered my policy in 1831 I think, and increased the amount for the house in Lambethwalk—I have not the policy here, but I think, to the the of my recollecttion, I insured for about 200l. or 250l.—I cannot call to mind what difference there was between 1830 and 1831—I cannot positively say there was any difference—it is very likely I might have changed it in 1831—I cannot exactly tell unless I had the policy here—it must have been at the time I let my other shop, and brought my furniture from there—I should think that it must be in 1831 that I increased my police to 400l.—I will swear I did not do it before 1830—I fix on 1831, because that was about the time I let a shop at Walworth, and then I did increase it—whenever the time was that I disposed of the shop at Walworth I increased it—to the best of my recollection it must be about five or six years ago—(the policy produced being read, was dated December, 1829, for stock is trade, and utensils, 400l. without naming furniture)—I was surprised at the furniture not being included—I should think I must be a fool if I thought utensils meant furniture—I have no note from the Inusrance office—I gave the clerk instructions, which he wrote down in his book—I will not say that I did give him instructions to write the word furniture, because I considered, as I said before, that my furniture was included in the whole sum—I was not struck with the omission of the word furniture before I went to the Insurance-office—I did not go back to the clerk to tell him I meant to include the furniture.
COURT. Q. You have said you must be a fool to suppose utensils meant furniture, and yet you gave instructions for the insurance? A. To the same amount as I had formerly insured, as I considered the furniture was included.
MR. PHILIPS. Q. Will you have kindness to tell me whether you have ever compounded with your creditors. A. Yes—five or six years back—I should think it was not since that, that I increased my insurance—I will swear that it was not—I only compounded with mu creditors once—I do not swear it was only once—I have not sworn it—I did not give the other a thought, it is so long back—I only compounded twice—I am
sure of that—the seemed time had escaped my memory—the first is many years ago—I think the last was five of six years ago—I think I can give you the year, as I have here some of my acceptances—I brought them here in case a question should be put to me—I did not consider the policies would be wanted.
COURT. Q. Then how came you to think the acceptances would be wanted. A. I thought the question might be put to me—I did not think the amount insured would be asked.
MR. PHILLIPS. Q. Now tell us the date of your last composition with your creditors. A. About August, 1831—I think I paid 8s. in the pound—it must have been before my last composition that I increased my insurance—it was before August that I compounded—here is a bill, dated 24th of August, 1831, at eighteen months—it was drawn after I compounded—it is for the amount of the composition—I cannot call to mind the amount of my debts at the time of the composition—I believe they were between 300l. and 400l.—I have not taken the trouble to look back—I will swear I paid as much as 8s. in the pound—I forget how long the first composition was before the last—the first was an assignment, it was all assigned over—I was told it realized 10s.—but I can only go by report—when I was called on the night of the fire, I came down and looked into the shop—I went into the garden—I can go into the garden without going through the shop—the prisoner had lived in my house about nineteen months—there is a passage through which you go into the garden—I was not hurt or singed by the fire—the prisoner knew of that passage—I saw surprised at his going out where he did—he might have gone out at the yard door—he ran along the parapet I understand—he ran considerable personal risk by going that way—he was advised not to go out that way by his mistress—she did not know whether the other way was safe or unsafe—he might have got out on the leads of the front room.
COURT. Q. You have spoken of his being stupified and in a fit, did not he appear a good deal alarmed? A. When I went to him afterwards he did.
MR. PHILLIPS. Q. You have spoken of a man, you thought intoxicated, being without a coat—have you told us all he said? A. Why he said I had set my house on fire—I thought I had told my Lord that.
COURT. All you said was, "With a dreadful oath he said I was his prisoner." A. Then I omitted it—he said I was his prisoner for setting my house on fire.
MR. PHILLIPS. Q. You forgot that he told you it was for setting your house on fire? A. I thought I had named it—I had been doing business in the shop till a little after one o'clock—it might be a quarter of an hour or twenty minutes—I began serving my customers in the shop in he morning and continued in it all day—I only quitted it when occasion required, and to go and clean myself—I had supper about twelve o'clock in my parlour adjoining the shop, and went into the shop—it might be quarter of an hour after—I do not know that I did not finish my supper in the shop—I can see customers come in from the parlour—I had been in the shop from ten to twelve o'clock—the prisoner shut the shop up—I did not quit it till it was shut up—I had the opportunity of seeing the prisoner serve customers and shut up, at least from ten o'clock till I quitted it—we went up-stairs as near together as possible—I have not locked the shop latterly at night—I shut the door, but leave the key in—when we kept a servant girl we were in the habit of locking the shop-door, but since she had left we have not done so—I considered the prisoner honest—I
think my wife went to bed at about twelve o'clock—she went to bed before I had done my supper, she did not sup with me—I saw that the gas was out in the shop—I went down into the kitchen—I saw no fire, I did not examined the fire—I did not observe how many different places the shop was on fire at when I looked down the stairs—the first fire took place on Wednesday, and I went on the Friday following to renew the policy—I went on Thursday, but it was too late—I knew the hour of the office closing, but having a place to call at, I did not get there in time—I went at about two o'clock on Friday—I did not recollect I had not insured since Christmas, before the occurrence in the kitchen—I had nothing to remind me—I had received a letter, but that had slipped my memory—I have made no claim on the office at present, not to say claim—they are made acquainted with it—of course I have been to the office, but I have not made any claim.
Q. Did you see the man after he took you into custody, without his coat? A. No—the first time I saw him was the leads—I did not see him afterwards with his coat on to my knowledge—I will not swear I did not—I saw him in the garden—I cannot recollect whether he had a coat on then—he might have had a coat on when he followed me into the garden, but I really cannot recollect—I did not see a truncheon in his hand—he might have had one, but I never saw it—he had no coat on on the leads—I asked him why he wanted to take me, and he said he was a police-officer—I will not swear whether he had a police-coat on in the garden or not—I think he had his hat on on the leads, but I am not sure whether he had or not—when he told me I saw his prisoner for setting my house on fire, I told him I had not set my house on fire—there were people on the leads—I do not know whether Mr. Lewis heard me make that answer—he was on the leads—I cannot tell how long after the fire was discovered it was put out—when I returned for the mustard poultice the flames appeared extinguished—it could not have been above a quarter of an hour or twenty minutes between my escape and return to the house for the poultice—and when I went through the shop the fire appeared extinguished—the prisoner aroused me and my wife—I went through the shop, when Mr. Lewis came to inform me what the report was—I cannot say whether it was out then—there was water being thrown on—I saw a good deal of smoke—I cannot say whether I saw any blaze—I might, and forget it—the prisoner's 14l. is in the hands of Field, the Inspector.
COURT. Q. When did you deliver it to him; how soon after the fire? A. About a week after.
MR. BODKIN. Q. Was that before or after you had been with him to Eaton? A. After—I handed it to him in exactly the same coin I received from the boy.
MR. PHILLIPS. Q. Did you ever send the prisoner to borrow 40l. of Mrs. Piper for you? A. I do not know that I named any sum, but I said to him, "Henry, as you are going down into the country, where you are supplied with money, if you can get any let me have it"—I did it with a view to ascertain whether there were those persons actually in existence who supplied him with money—that was my only object—I did not say 30l. would be of no use to me, nor any thing of the kind—I did not mention any particular sure—I said any money he could get.
MR. BODKIN. Q. Was that before or after the discovery of the money in the box? A. That was after the 7l. was borrowed—this matter was investigated twice before the Magistrate—I did not see any body there on the
first examination who said he was a policeman—I think the Magistrate expressed a desire that he should be sought for by the next examination—there were ten days between the first and second examination—I attended the last examination, but nobody came forward—I cannot call to mind whether the Magistrate expressed any wish about the supposed policeman at the second examination—the prisoner had the same opportunity of seeing me from ten to half-past one o'clock as I had of seeing him.
Q. From the time that you and he went to bed at half-past one o'clock, till you were alarmed a half-past three o'clock, had you any opportunity of seeing or knowing where be was? A. No—I went to sleep directly I got into bed—I formerly held two shops—the other was in Crown-street, Walworth—it was a grocer's shop—I never insured at any other office than the Globe—when I first began to insure, I insured the property as both house in different policies—I gave up the shop in Crown-street before the composition—I had not taken the house when I saw first unfortunate, when I assigned my property—I took it after settling with my creditors—I had given it up when I compounded with my creditors—it was on giving up the shop that I altered my policy—I had only had one policy from the time I gave up the house in Crown-street—the insurance was for the house in Lambeth-walk—I increased the insurance on account of removing all my furniture to Lambeth—my memory serves me so far as to say my first policy contained the word furniture—I brought away all my feature from Crown-street—I considered my policies were going on is the came terms, and that the word furniture would be included—sometimes say stock amounts to a larger sum than at others.
Q. Have you during the last year had stook, utensile, and furniture to the value of 400l.? A. No—I should say they would not amount to that—it would full short of that about 50l.—with the furniture I was not over-insured above 50l.—I had insured for 400l. since 1820—I have never made any claim during that time for loss by fire—on the Thursday prior to the fire I had paid Mr. Travers, a wholesale grocer 30l. 9s. and the week before 25l. 2s.,—that parcel came the day previously—these was not any left in arrear—that cleared the account of all that was due—I paid Shuttleworth, the wholesale tea-dealers, 40l. 14s. 10d., and several other trifling things—I did not keep a banker's account—mine in a small trade—I did not latterly keep a servant.
MR. PHILLIPS. Q. Have you ever paid the boy the 5l. out of the 7l.? A. It is my possession now.
MR. BODKIN. Q. Have you been applied to for it? A. Never.
MARY CROOKS . I am the prosecutor's wife. The prisoner has been his apprentice from last November twelve months—I borrowed 7l. of the prisoner, as I wished to know whether he had any money about him—my husband wished to know, as he considered he was spending more than be ought—I might have said so to my husband, and he observed it himself—I said to the prisoner, "Henry, have you any money you can lend me"—he said, "How much do you want?"—I said, "What have you?"—he said he would go up-stairs and see—he brought down 7l.—I believe it was all in silver—this was before Easter—he did not tell not where he got the money from—I remember his going out of town to visit his friends once before Easter, and about Easter—he had 2l. of the 7l. back at Easter—I have a sister named Mrs. Goodenough—in consequence of something she told me when the prisoner came back, I went up into his
bed-room—my husband did not go with me then—I told him what I observed, and I believe we afterwards went together—from 14l. to 15l. was found in the prisoners's box, I think, but I am not exactly positive, it was all in silver, but 2l. 10s.—on the Sunday following the prisoner asked to go out for a walk—I said, "Henry, we wish to have a little conversation with you first"—I told him to walk in, and mentioned about moving the box, and the lid coming open and a great quantity of money being in it—I asked him where it came from—he said, "I am very sorry, Ma' am, I told you a story"—I said, "In what, Henry?"—he said, "When I was down in the country you asked if I saw Mrs. Piper, and I said I did not, but I did" (I had asked him that before, and he said he had not seen her)—I said, "For what reason did you tell me so"—he said, "Mrs. Piper told me I had better not name to you that I had seen her, because she should wish to see me again about August"—he said Mrs. Piper gave him the money and these two rings when he was down in the country the last time—there was a small silver knife and fork which he said she gave him—on the Wednesday following I had had a little washing, and had some little things hanging on a line before the fire at night—next morning some of them were burnt—when I went to bed they were all safe—I believe there was no fire left in the kitchen—not a spark—he had not told me anything was burnt when he came up with the tinder-box, I did not see him as I was in bed—next morning we came down stairs together, and be observed that there was a quantity of then—I smelt a smell of fire on the stairs, and I mentioned it—we went into the kitchen together, and be pointed out the linen as burnt—that was about a quarter before six o'clock on Thursday morning—I communicated this to my husband—I went to bed on the Saturday night about twelve o'clock, I believe—our clock is sometimes rather fast—we generally keep it so—I have a recollection of the clock striking two after my husband was in bed—in the morning the prisoner came to our bed-side—I cannot recollect the words he said—I recollect his calling, "Fire, fire!"——he had his stockings and trowsers on—I cannot be positive whether he had any thing more on—when he gave the alarm, I went up-stairs to the second floor, where my children were—the prisoner went before me—I got my children out of bed, and the prisoner went out of the window of the children's room, and got on the roof of the house, I suppose, on the parapet—there are leads below—I cannot say how deep they are down—I begged of him not to get out of the window; but he was out momentarily—he was not out of my sight from the moment he alarmed me till he went out of the window—he did not go into his own room—I got my children into the garden—a man wished to take my husband into custody in the garden—I cannot say how the man was dressed—I could not notice whether he was a policeman—he had no coat on—the neighbours interfered, my husband then came home, and staid at home, so that he could be found at any moment.
Q. Do you know any thing of an accordion? A. Yes—The prisoner very much wished for one, and wished me to purchase it—I asked him what use it could be to him—he said Mrs. Piper would allow him any instrument that he thought he could learn—this is full twelve months ago—I bought it for him, and gave him the bill—I think I gave between two and three pounds for it—my daughter afterwards borrowed it to take to school, to learn to play, at the end of the Midsummer holidays—I know the prisoner had a gold watch—I never wore it—I have borrowed it to tell the time when I went out into the fields—he had it after he was in our
service—I borrowed it when I was going into the country—we went down to Gravesend, and he came there next day with my daughter; and when he left I asked him, if he did not want his watch, to let me have it, as I was at a loss to know the time when in the fields.
Cross-examined by MR. CLARKSON. Q. When you went to Gravesend, did your husband go with you? A. Yes—he did not know of my having the watch—he was not there—he returned the day before the prisoner came down—the prisoner wore it himself to Gravesend, and I borrowed it while I remained—I carried it in my bag when I was in the fields—I bought the accordion in St. Paul's-churchyard, vary near the top—I cannot tell the name of the shop, nor what I gave for it—I received the money from the prisoner before I bought it—I had not been in the habit of asking him to lend me money—I never asked him to lend me money at any time, except the 7l. I have no recollection of asking him to lead me 2l.—to the best of my knowledge, I never did—I will swear I did not ask him to lend me 2l. and he refuse, shortly before the fire—I have no recollection of it—it might happened, and I forget it at the present moment—I believe my husband said to him, if he had any money in the country, that he could obtain, to bring it him—that was before he went into the country—my husband's circumstances were good, for aught I know—when I wanted money, I asked for it, and always had it—I will swear positively that shortly before the fire, I did not ask the prisoner to lend me 2l., and he refuse—not that I recollect—I generally burn a light in my room—Mr. Crooks prefers a light but I do not—we burnt a rush-hight—on the Saturday night in question it was in the wash-hand-basin—I did not light it—it was not lit when I went to bed—I do not know hew it came to be alight—I should consider it was brought in by my husband after I went to bed—we did not keep a servant—nobody could have brought the rushlights into the room but my husband—I saw the hight in the morning, when I was alarmed—it was daylight then—we generally keep rushlights in our shop—we sell them—the shop was not shut before I went to bed—the prisoner had two watches—I never saw the one I borrowed of him before he came to me—he told me Mrs. Piper exchanged it for a silver one—I did not open his box—it was in the act of being removed when the lid came open—my husband got possession of the money on the Sunday following—he did not produce it to me—I saw it in his possession—he and Henry came down together—he told me that Mrs. Piper was his godmother—I cannot tell within what time that was after he came to me—it might be three months.
Q. As he spent money faster than he ought to do, did you send to Mrs. Piper about that? A. No; for this reason, he always said Mrs. Piper wished it should not be known that she was the friend to him that she was—my husband's circumstances were good, as far as I know—his last composition with his creditors was some years ago—I know nothing about it, except what my husband has told me—I do not know that he has compounded with his creditors more than once—I really do not know—he was in no difficulty about the time the fire happened, as far as I know—he could not have been, or I must have known it—I never took notice whether his stock was large or small—I sometimes attend to customers when he is out—I know where to find things—I know who be bought things of, and who he sold to—there was sufficient stock for any thing we wanted—I do not consider the stock was small—it was not smaller than it had been—I do not know how it was
last year—it was not smaller this year, to my knowledge—I did not pay back more than 2l. out of the 7l—my husband has the 5l. I believe—I do not know whether he has spent it.
Q. Did you find a ladder against the leads in front of the house on the night of the fire? A. I was not in front of the house till the fire was over—I only went across the road to the prisoner when he was ill—I saw no ladder—what I gave for the accordion the prisoner paid me—I gave him the bill—I paid for it at the time out of his money—I brought it home myself—I do not know what sum I had when I went to purchase it—if he gave more than I paid he had it returned—the articles burnt on Wednesday were worth 10s. or 12s.—there were many things scorched and damaged—I never borrowed the watch except at Gravesend, nor any other of his trinkets—I swear he was not in the habit of taking me and my children out and treating us—he did not take me out and treat me to twelfth cake—I was never out with him at the time—the only time I was out with him was on a Sunday—when I have taken my children for a walk he wished to go with them—he never treated me or my children with twelfth cake—I never heard of its being done—when he came from the country he brought a twelfth cake, which he said Mrs. Piper had made for him—I did not go with my husband on Friday to insure the premises—I never was at the Insurance Office—I took my supper about twelve o'clock on the night of the fire, a little before my husband took him.
MR. ADOLPHUS. Q. Was your husband arrested or in trouble about the period of the fire? A. Never—I do not cast up his books, I had nothing to do with them—my husband generally sends money which he ower—people do not often call for it—the prisoner never told me that Mrs. Piper had been dead since January, 1835—I went to buy the accordion by his directions—he left it to me at which shop to buy it.
MR. CLARKSON. Q. How long was it in his possession before your daughter had it? A. To the end of the Midsummer holidays—I purchased it at the beginning of the holidays—she could not learn him to play on it, and by his wish she took it with her—it is now in the policeman's possession—it was in the house with his other things when he was taken.
PATRICK FARRELL . I am a policeman. I saw the fire on the night in question, and went—I got to the house about a quarter to three o'clock and found it shut up—I saw the fire through the fan-light—I forced my way in, and found the place burning, and all in a mass of blaze—I did not see any body—I saw a man named Jones before that, about one o'clock standing at the corner of a court, about twelve yards from the prosecutor's house, and he was taken into custody after the fire—I asked him some questions, and he gave me such answers as induced me to think nothing about it.
Cross-examined by MR. CLARKSON. Q. He told you he was watching there, did he not? A. Yes—he said he was watching for the removal of good out of crook's house.
CHARLES FREDERICK FIELD . I am a police-inspector. I was called to the house on Sunday morning, the 19th of June, about nine o'clock—I found the prisoner up-stairs in bed in the custody of a policeman—I asked him how he was—he said he was a little better—I stopped in the room a minute or two, and said to the policeman, "You had better stop there till you are relieved"—I went away for five or six minutes, when a fireman came to me—I went back to the prisoner, and he said, "I want to state something what I know respecting the fire"—I said, "Mind, I am not
going to make you confess any thing; what you say must be voluntary; whether it will do you good or harm I cannot say"—I took a sheet of paper, and wrote down correctly what he said, and he signed it in the presence of four or five people—(read.)
" 19th of June.—I, Mathew Meads, apprentice to Mr. George Crooks, make this voluntary statement respecting the fire at No.2, Lambeth-walk—an old lady in the country was in the habit of giving me money—I lent master some money about three months since, I think about 7l. he has paid me about 2l—last Sunday master took from my box 14l.—about a month since master said, "I should not mind setting my house on fire," and all he should look after would be his cash-box and books, and leave every thing to the firemen—one day last week mistrees had been ironing—when she left the kitchen to go to bed master sent me down to fasten the shutters, and get the tinder-box—next morning I was surprised to find part of the linen had been burnt—on Sunday morning I rent to bed about one o'clock, leaving master in the shop—he was getting a rushlight—all was when I left the shop—about three o'clock I was alarmed by fire—I came down stairs and awoke master and mistress who were in bed, apparently asleep—I went up-stairs again and jumped out of window on the leads, and then into the street—I was caught by Jones—I recollect telling Jones's wife my master had said be would not mind setting his house on fire. (Signed) "HENRY MATTHEW MEADS."
Witness. In consequence of this statement I went down to Mr. Crooks, and said, "You bad better keep in your house; it is a case which must go before the Magistrate"—he afterwards suggested that he had better accompany me to Eaton, and we went and made inquiry after Mrs. Piper—I found she had been dead a year and six months—the prisoner stated that he had received 15l. from Mrs. Piper five weeks before, when he went to bury his sister—I asked him where she lived—he said in the Slough-road—I went there and found she had been dead eighteen months—that was not written down in the paper, but he stated it—in the coarse of inquiry I discovered a Mr. Lawson—he came to town next day—I was present at Queen-square office, when he was in the prisoner's company—I heard him put some questions to the prisoner at a public-house opposite the office, on the Monday after I had returned from Eaton—he said it was a very strange thing, and he would hardly believe a boy like him would be GUILTY of such a thing as he was charged with—(I had before that told Mr. Lawson what the prisoner had said about the 15l.)—he would not answer what Mr. Lawson said, and then Mr. Lawson asked him about the money—he said, "I did not set the house on fire, but"—and then he stopped himself—I said he had better go before a Magistrate—I do not remember any thing being said about charging his master with setting the house on fire.
PHILLIP FROUD . I am a police-sergeant. I was at the house of one Davis, nearly opposite the prosecutor's house, about a quarter or half-past three o'clock on the morning of the fire, and saw the prisoner there—he had on a pair of trowsers and stockings, but no shoes—he had a shirt on—I cannot say whether the brooch found in his shirt, was in it at the time he was at Davis's, but after he was removed back to his master's house, when he was on the bed, there was a brooch in his shirt—I have slept in a brooch myself.
Cross-examined by MR. PHILLIPS. Q. Do you know whether she was acquainted with the prisoner? A. Yes, she was his god-mother, and was very fond of him, and was constantly in the habit of supplying him with money.
COURT. Q. She had the means of doing so, had she? A. Yes.
MR. BODKIN. Q. Do you know of any money being sent to him after her death, by her directions? A. No.
GEORGE WEBB . I am cheesemonger, and live in Lambeth-walk. On Sunday morning the 19th of June, I was alarmed by the cry of fire—I looked out and saw Mr. Crook's shop on fire, and the prisoner out on the parapet—I think it was about a quarter to three o'clock, but cannot be certain—I saw him stand there for some time—I then saw him jump from the parapet on to the leads, which is about nine or ten feet—he came on the leads of Mr. Base's shop, which is the adjoining house—he fell when he jumped from the wall, and I saw him in the arms of Jones, who lives in Regent-street, Lambeth—I believe he is an occasional porter—I saw him in Jones's arms, and know he had never been on the ground till he was in Jones's arms—after the fire was out I had some conversation with Jones, and then spoke to the prisoner about what Jones had said to me—I asked him whether he had said, his master intended setting the house on fire, whether he had told Jones so—he seemed confused, and gave no answer—I could not get an answer from him for some time—at last he said yes—I sent Lewis over for Mr. Crooks—he brought him over, and when he got there the prisoner did not appear to know him—Lewis asked him if he had said his master set the house on fire—he appeared quite confused.
COURT. Q. Did he appear to put it on, or do you think he was really quite confused? A. His appeared to me quite in a state of insesensibility—we asked him if he was aware of the situation he placed his master in by making that assertion—he was asked if be should know Mr. Crooks if he saw him, and he said, "Yes, when I see him"—Mr. Crooks was at that time standing before him—he took off his night cap, and he was asked if he knew him then, and he said, no—he appeared to me to he very ill.
Cross-examined by MR. PHILLIPS. Q. As you would expect a boy to be who was stupefied from fright? A. quite so—the first jump was from nine to ten feet, and the next jump was about twelve feet, when the people caught him in their arms—a man seeing him fall would be likely to catch him to save him.
FREDERICK BROWN . I am a butcher, and live in Lambeth-walk, very nearly opposite Mr. Crooks—I went into the back part of his house on the morning of the fire—into the back room on the second floor—I noticed the bed there, it did not appear as if any body had been lying in it—that was immediately after the fire.
COURT. Q. Can you swear nobody had been on it? A. I could not swear nobody had been lying on it—it appeared somebody has been sitting on it.
Cross-examined by MR. CLARKSON. Q. Was it a mattress or feather bed under the clothes? A. I think a feather bed—I did not look to see—I brought it down stairs with me, but I cannot say what it was.
MR. ADOLPHUS. Q. Should you have known if it had been lain on that night? A. It struck me it had not—there were sheets and a pillow—I did not notice that it appeared to have been pressed by any human body that
night—the had been turned over, and there was the appearance of somebody having sat on it—it did not appear to have been laid on.
EDWARD BURN . I am fireman to the London fire brigade. I went to the prosecutor's house and examined the gas-pipes—I found they had been turned off—I cannot form any judgment where the fire begun—of course it began in the shop—the fire was in to of three past—the door on going in appeared charred—the door was against a lath and plaster wall—that door was charred nearly through—it appeared to me, that two, if not three distinct parts had been on fire at the time.
COURT. Q. Do you mean to say it was impossible the fire from one part could have communicated to the other? A. I do not mean to say it was impossible.
Cross-examined by MR. PHILLIPS. Q. Did you try to ascertain how the fire took place did you look for any combustible materials? A. Yes, there was nothing of the kind that I found—the things were in the street.
MR. ADOLPHUS. Q. Are grocers' goods generally is canisters on the the wall? A. I saw the canisters all in their places.
ROBERT BRODIE . I am policeman. I was present at the prisoner's examination, and heard him make a statement before the magistrate—I heard it afterwards read over to him, and saw him sign his name, and the Magistrate signed his—this is what they signed, (read) "The prisoner on his examination says, about four or five weeks since, when there was a fire in the walk, Mr. Crooks told me that he should not mind setting his own house on fire, as he was insured, and all that he should look after would he his cash-box and his books, and he should leave every thing else to the firemen; and since then, when the fire happened in the kitchen, I was alarmed, as they said it was through my carelessness, and I went on Saturday afternoon and told Mr. Jones what my master had said to me four or five weeks ago—on Saturday night when I went to bed I left Mr. Crooks in the shop getting a rush-light, and I never heard him come up afterwards—the pestle I left on the sugar scaffold—it was there when I went to bed—about three o'clock I was awoke by the ringing of the bell—I put on my trowsers and stockings and went down to my master's room—the door was open, and a rush-light burning in the room—my mistress and master got up directly, my mistress went up-stairs and awoke the children—on the same Saturday morning, my master said to me on looking up to the ceiling, "The ceiling is very black, but it will be blacker yet, and then I'll have it whitewashed Taken before me, this 30th of June, 1836. Daniel Gregorie—and signed Henry Matthew Meads."
NOT GUILTY .
Before Mr. Justice Bosanquet.
WILLIAM ARMAN . I am a police-constable. I was on duty on the 29th of June, between eight and nine o'clock in the evening, in Kentstreet, Surrey. A. person was given into my charge, for stealing a bootleg—I had seen nothing of it myself—I took the man out of a public-house—I do not know him—he was taken before a Magistrate, but I forget his name—after I had taken him into custody, he began to be very obstreperous, and would not go with me—he said he would not be taken by
me, and he put his hand up, and was going to strike me—my brother-constable, Walkins, came up, and a number of persons assembled round us—he was very obstreperous, and then the prisoner came out along with a great number more who assembled round, and said, "Don's he taken by the b—y r—s," or ruffians—that excited the people very much, and Watkins said, "Hold the prisoner fast," and he made a rush to get hold of Canman, because he was exciting the people—in consequence of that, he said, "Hold fast the prisoner, I am going after that fellow"—and I saw him catch hold of the prisoner just by the curb-stone—they both went in together, into the door-way, and I did not see what was done—this was in the street—I had brought the man out of the public-house, and then the mob came round us—I had not seen the prisoner in the house—I saw him first in the street among the mob—I was dressed as a policeman.
Cross-examined by MR. PHILLIPS. Q. If I understand you right, you do not say that the prisoner took hold of any body, or struck any body in your presence? A. I never saw him strike any body—the last thing I saw, was the prisoner and Watkins hurrying into house together—it was having hold of him—they disappeared into the house together—it was the prisoner's house—he had his working dress on—a coat on, and an apron.
THOMAS WATKINS . I am a police-constable. I was on duty in Kent-street on this night—I saw a great mob of people collected together—I went down the street, and there was Arman in the midst of them, with a prisoner in his possession—he said he had got him in custody for stealing a boot-leg—the man put up his hand to strike Arman, and I took hold of his collar to take him to the station-house—the prisoner excited the mob, by calling us b—s and vagabonds—I told Arman to hold his prisoner tight, and I went after Canman—he excited them to resene the prisoner, not to let him go—to leg the policeman, and not let the man be taken by us—he broke from the mob and went towards his own house, and I after him—I caught hold of his left shoulder, and we both went into the passage of his own house, and he intentionally shoved an awl, similar to this, into my side, here—I left go of him, to draw my truncheon, and he ran up-stairs—I called three young men in to assist me, and he said if I came up-stairs he would take my life away—I found my wounds smart, and went into a leather-cutter's shop, who had given the first prisoner into custody, and undid my coat—I examined the wound, and it was tricking down with blood—I came outside, and saw four brother officers going on night duty—I went back to the shop, and the prisoner was sitting on the hence at work at shoe-making—he had got the awl then through the heel of a boot—I took him into custody, and took him to the station-house—I went to Mr. Odling, who gave me some physic, and ordered me to poultice my side.
Cross-examined. Q. Were not the people complaining of the ill-usage you were giving to the man you had in custody? A. Only the prisoner—only him cried shame—the mob were pressing with him; rushing—the mob followed me after Canman went into his house—I did not shake the other prisoner at all—no more than lay hold of his collar—the prisoner had no coat on—he had an apron—he had a coat on at the station-house, but not in the street—it was not a moment from the time I attempted to take him, that I felt the scratch—I had him by the arm at the time—he was in his own house.
not seen him over night—I examined his side, and found a small wound about the size of a pea, on his left side, it seemed very much inflamed—he complained of a great deal of pain and pressure about the part, and said it also affected his breathing—I could not probe it to judge of the depth—I should say, decidedly, from the account he gave me, that it might have been dangerous—it might have been serous—I visited him till he was convalescent—till Monday—I saw him more than twice—he was not confined—I ordered him leeches and fomentations—there were symptoms of inflammation of the lungs when I saw him—the wound was in the left side, near his ribs—I should suppose between the sixth and seventh rib.
Cross-examined. Q. How long did he keep his bed? A. I do not know that he kept his bed at all—I ordered him to do so, but he did not—I think he came to me the next morning—I did not go to see if he was in bed—I paid as much attention to him as I possibly could—the police generally come up to us—I will swear I saw him three times—I will not say I saw him four times—I did not go to his house at all to see him—they always come to us—I desired him to go to bed when he came the next day, and he walked to me after that—I gave him a mixture—an opening medicine, and medicine to allay the heart's action—I gave him antimony, combined with other things—he had symptoms of inflammation of the lungs when he called on e—he said his breathing was affected—I observed there was some difficulty about his breathing, but a man may deceive a medical man very easily—it would have been decidedly improper to probe the wound—my master did not see him—I have been there three years—if I thought there was any danger I should have asked my master to see him—he was aware of the case—I said I considered him labouring under inflammation of the lungs—I do not know that my master saw him—he might do it a dozen times and I not know it—I believe he did not—he holds a medical appointment in the police.
Prisoner's Defence. I saw a man in custody of a policeman just before my window—I saw the leather-cutter, who is a neighbour of mine, come up—he had lost the boot leg—I laid my work down to see that it was—Watkins came up and shook the prisoner most violently—I said it was rough usage, or some such word, but not more than that—he instantly left his prisoner, came across to me, and I stepped into my own door—he never touched me till I was within two yards of my own passage—I had my awl in my hand, and whether it went into him, by his trying to snatch at me, or by my trying to push him out, I cannot say, but I believe I did him no injury.
JURY to THOMAS WATKINS. Q. How did he force the awl into your side? A. I had hold of him, and he made a jerk at me—I had hold of him by his right arm, and he had the awl in his right hand—it was done purposely.
NOT GUILTY .
The prisoner was subsequently indicted, charging the above offence as an assault, on which he was convicted, and sentenced to be Confined Six Months.
First Jury, before Mr. Recorder.
1754. JOHN THOMPSON and FRANCIS BAPTISTE were indicted for feloniously forging a bill of exchange for £194 1s., with intent to defraud Sir William Kay, Bart., and others, on the 26th of March, 1831.—2nd COUNT, for uttering, disposing of, and putting off the same with a like intent.—3rd COUNT, for forging and uttering an acceptance of a like bill of exchange, with the like intent.
THOMAS RIGG . I am clerk at Messrs. price Marriott and Co.'s banking-house, in King William-street, in the City. A person of the name of Francis Baptiste banked at our house in 1831—this bill (looking at one) was discounted for a person of the name of Baptiste in 1831—I have a knowledge of the fact, from it being placed to his credit in our ledger, and from it being entered in our discount book—those books are not here—one of the partners gave the bill to me—I did not see where be took it from—there is no writing of mine on the bill—all the information given before the Magistrate was from our books, and not from my own knowledge—I know the bill has not been paid—I swear this is the bill I produced before the Magistrate—there are marks on it by which I know it.
JOHN NIGHTINGALL . I live just by Smithfield-bars now—I did live in Edmond's-place, Aldersgate-stret. In conswquence of something I heard about a bill, I went to Price and co., and saw Mr. Coleman, one of the firm, on the 6th of May—I saw this bill there—I can read a little, and can write my own name—I do not know that I could read this bill, but I can see my own name written here—I spell my name with two 1l—my name is placed there—it is not my writing—I lived on Old George-street, Old Kent-road, in 1831—my wife family lived there, but I was at work at Gravesend in March—I came backwards and forwards once a week, but on no particular day of the month—I know I was at Gravesend on the 26th of March, because it was on Monday, and I was always there on Monday—I am satisfied I was there that day—I have put my name to a bill as accepted, but not of so large an amount as this—I worked under Mr. Bauckham at Gravesend—I never saw him deal in bills—I never wrote for him in my life—he could not write at all himself—I never authorized any body to put my name on this bill—I first heard it was there on the 5th or 6th of May this year—I have been in Thompson's company at different times in Baptiste's timber-yard, and he came to Gravesend at times—I have been in both their company at different times—Thompson was a clerk at Baptiste's timber-yard—I have never been called upon to pay this bill—I was at Gravesend at the time it is dated—I do not say the prisoners were there—they used to come at times to serve Bauckham with timber and deals—they had large dealings at that time—Bauckham never drew a bill on me.
Cross-examined by MR. PHILLIPS. Q. Used you and Bauckham to be in public-house together? A. Very seldom—we were sometimes, and with the prisoners—it might to twenty times—I was never in London on a Monday at that time—I learnt to write my name twenty years ago—I never accepted but one bill of exchange, and that was for 20l—that is eight years ago—I was then in the Kent-road—I have had four different habitations within the last five years, and not above five in ten years—Edmond's-place is the last—I lived in Smithfield-bars; and at No.7, Chapel-street, Islington; and in Glo'ster-lane, Brighton; and in New Dorset-street, Brighton—I was in Lewes gaol last Christmas for three months, for neglecting mu wife and family, and not supporting them; but I always supported them, and over-supported them—I was never in any other gaol—I have been to Horse-monger-lane twice, to visit different kinds of prisoners.
Q. Were not you, Mr. Banckham, and the prisoners, all very excellent friends at Gravesend? A. Yes, but I never should have taken the liberty of drawing a bill—they always kept me at a distance as a journeyman—I
drank with them, and sat at the same table—I will swear I have not done to thirty times—I never paid for any thing—I do not believe I have been twenty times at public-house with them—Bauckham and I married two sisters—he always treated me as a workman—he always paid me—he was in good circumstances at that time—he has been down lately, and been in the king's Bench—I do not know for how long—he got out as I came from Brighton—I never heard of is coming out under the Insolvent Act—he was hankrupt at one time.
COURT. Q. How came you to go to the hanker's to inquire about this bill? A. My employer, Mr. Lyon, told me of it.
Cross-examined by MR. CLARKSON. Q. Who is Lyon? A. A builder is queen-street—I have not worked for Bauckham these five years.
MR. CLARKSON to THOMAS RIGG. Do you know from the bankers that they did not wish to have any thing to do with this prosecution? A. I know from them that they wish to have nothing to do with it—in 1831, the him was Sir William Kay, price, and Co.—it is not the same firm now.
EDWARD BAUCKHAM . I am a bricklayer in Portland-street, Walworth-common. I cannot read or write—I built six houses for Baptiste in 1831, at Mitcham—he had furnished me with materials before to the amount of 500l. 600l. or 700l. on my own account, but not at that time—I do not believe I owed him any thing—the last money I paid him was 200l. in gold—that was very soon after Christmas, 1331—I drew the money of Lord Darnley at the time I got the sovereigns at Mr. Finden's banking-house, and paid him at Weston's, New Kent-road—I owed him nearly 300l., and worked nearly 100l. out—I paid him money at different times—I used his materialsto build his house—I was doing no business for myself at that time—Thompson was Baptiate's managing clerk in 1831, and for years before that—I lived in New Kent-road in 1831—I built six houses at Gravesend under Lord Darnely—Nightingall worked for me was journeyman—Thompson came over to my house in Kent-road—I do not exactly know the day—it might be in March—I would not say to a day or a week—he said he had drawn a bill on me, accepted by Nightingall, and when it became due it should be taken up and destroy it, and I should come to no harm—I said I would not do any such thing myself on any account, if I could write, and I thought he had done very wrong in doing so—I did not make any complaint, nor did I go about the bill at all in any shape or messure—it was never presented to me for payment—I never saw it till saw it at Union-hall—I cannot write or read—I was not present when the bill was drawn—I was at Gravesend at the time, by his account—Thompson was not there, he had no job at Gravesend—I never knew Baptiste do any thing at Gravesend—I do not believe I have drank at above one or two public-houses with him at Gravesend—I used to go down to Chatham to buy timber with him at times—I cannot say whether Nightingall was with us—he might have been—I and Baptiste and Thompson have been down there on a Sunday when Baptiste was a bankrupt—we went down by the steamer to Gravesend, and took dinner at a house there, but I cannot say what house—I cannot say whether Nightingall was of the party—he might come in when we were drinking, and say he wanted so and so, and drink—he might have come in and drunk with us—Thompson, Baptiste Nightingall, and I have supped together, as Thompson gave a supper two Christmas's running, I believe—I never took any steps against Thimpson for writing my name—I do not believe I mentioned it to any
body till last May—Thompson has mentioned it to me, when Baptiste and he fell out twice.
Q. Did you ever touch the upper part of his pen while he wrote your name with the under part, to your knowledge? A. Never—when a bill was backed for me or accepted for me I always made a cross—one Stevens was my writer—he was with me three years—he has drawn and accepted bills for me, and Thompson has drawn a bill for me in my presence, but not this bill, because I always put my cross, and I never drew a bill to that amount—I always understood what they were—he has drawn five, six, or seven bills in my name—he did not draw any in my name in March, to my knowledge—I think the last bill he drew for me was in May—either Thompson or Gardener, who was Baptiste's other clerk drew it—(I never paid Baptiste a bill on account of money I owed him)—very likely a bill was drawn by me and accepted by Baptiste—and sometimes it was drawn by him and accepted by me—we have exchanged accommodation-paper and some four or five persons have drawn for me—I have transacted business to the amount of hundreds—I have not drawn thrifty bills—the largest bill was 150l., to my knowledge—I think a man named Salisbury drew that, he is now at Gravesend—I never received any money on account of any of the bills Thompson drew by my authority—I never got Baptiste's bills discounted—I have had money at different times from Baptiste, but not for bills—he did not claim any amount as due from me in March—Thompson was not at liberty to draw bills without I was present—I am not sure whether I have seen this bill before or not—I never gave a bill without putting a cross to it—I was a bankrupt very soon after Baptiste.
Cross-examined by MR. PHILLIPS. Q. When Nightingall used to come to the public-houses, did he sit down with you, or just take a glass of ale at the table and go off? A. He might sit down—he has sat down in my company, and in Baptiste's and Thompson's too—but I am not speaking of Gravesnd—I cannot say whether this bill (looking at one) was accepted—I always put my cross to a bill—I never knew of any exception, and how this bill ever came without a cross I do not know.
COURT to THOMAS RIGO. Q. This bill in not indorsed? A. These has been an irregularity in it—there is no indorsement, and it is made payable to order—it ought not to have been negociated—it is waste paper without the indorsement—I should suppose nobody could be defrauded by it—I have no witness to show that either of the prisoners ever uttered it—I don't know how it got into the banker's hands.
EDWARD BAUCKHAM re-examined. Q. How long is it since you were taken up for stealing lead? A. Why, there was three of us taken, supposed to have stolen it—it is two years ago—but I did not steal it. I don't recollect that I ever authorized a man named Gurney to draw a bill on me or desire Steele to accept it in my name—it might be the case, but it is so long ago—I have authorized Steele to accept many bills in my name—I believe I always put my cross to every bill I authorized any body to accept in my name—I say most of my bills—this one is a stranger to me—it appears by this bill that I did not—I suppose there are a dozen in the hands of Baptiste's assignees, with crosses of them.
Q. Will you swear you did not authorize the acceptance of twenty bills without a cross on them? A. Certainly not, nor yet ten nor two
you might find that one—I don't believe I authorized Gurney to draw on me—he might have taken a bill for accommodation to get a little bit of leather—I never had any dealings with him in my life—I did not authorize Steele to accept four bills, drawn by Gurney, to my knowledge—if Steele were to swear it I would believe it—Baptiste cannot read or write—Thompson managed his writing business for him—I have had many bill transactions with Thompson—I never said I had no bill transactions with him—not in the presence of the inspector—I positively swear I never said so.
Cross-examined by MR. CLARKSON. Q. Did you afterwards tell the Inspector you were aware of this bill for the last five years, and you had had abundant transactions with him? A. No, I could not have said so, I think—I will swear I did not say so—I know one Ball, he owed me 120l.
NOT GUILTY .
1755. JOSEPH DEAKIN was indicted for feloniously forging an order for the payment of 44l. 6s. 1d., on the 28th of March, with intent to defraud John Kelly.—2nd COUNT, for uttering, &c. with like intent—another set of COUNTS stating his intent to be to defraud Henry Weston and another
MR. CHAMBERS conducted the Prosecution.
WILLIAM LEAF COLBECK . I am a journeyman butcher. In the month of March last I was in Smithfield, on a Monday morning, between eleven and twelve o'clock, and saw the prisoner there—he asked me if I was in want of a situation—I told him I was and we agreed at so much a week—he said his name was Mr. Clark, of Broadway, Deptford, and he was a butcher—he gave me a letter to take to the Bell and Crown, Halborn, to be left at the bar till called for—I was to meet him at the Magpie and Stump, in Newgate-street—I went there, and met him—I did not stay there with him above two minutes—he gave me half a pint of beer there, which I drank myself, but he stood there—we then went down a court in Newgate-street—he then gave me a cheque on the Borough Bank, and sent me with it to get it changed, and a bag to put the gold in—this is the cheque—it is for 44l. 6s. 1d.—he said I was to ask for it in gold, and if they asked me any questions, to say I came from my master, Mr. Clark, of Broadway, Deptford—I was to take the money to the Magpie and Stump, in Newgate-street—I went to Messrs. Weston's Bank, and received the money—I was then going back to the Magpie and Stump. and the prisoner called to me in the Poultry, as I was running up—I offered him the money in the street, but he would not accept of it—he said, "Wait a bil"—we went round the back of the Poultry, and into a small public-house—I there gave him the money, and he gave me a pint of beer—he drank out of it—he then came out in the street, and gave me a shilling—he told me to go to the Elephant and Castle, and wait till he came—I went, a waited till half-past six o'clock in the evening, and he never came—it was between twelve and one o'clock when I left him—I never saw him again till he was taken into custody at Northampton, about a month ago—I then found him in a shop, in Abingdon-street—Mr. Kelly took me there.
Cross-examined by MR. CLARKSON. Q. I suppose this is the first transaction you ever had of this kind? A. Yes—the name of my last master was satchell—I lived with him in November—I had no regular
employment from then till March—I had a day or two—I lived with Mr. Bennett—I left him because I took some of his money one day, and was tipsy, and spent it—that was not the first time that such a thing had happened to me—I did it at home before that—Mr. Bennett's was the first place I was discharged from for robbing my master—I lived with Mr. Bridge, and left him for a little circumstance of the same kind—he did not tell me that I was such a liar and a thief he could not keep me—he left home one day, and in his absence I received 6s.—I got drunk, as you may say, and spent it—I do not know that I denied that I had received it till he got the receipts—I said before the Mayor that I did not think this man was tall enough, as he had on a great-coat—I said he did not appear quite so tall to me—he had his great-coat on in Smithfield—I walked up and down a shop two or three times before I spoke to him—he then went into a public-house, and Mr. Kelly gave me a glass of ale to go in, and when I went in the prisoner was out.
Q. Did you say you thought the prisoner was the man, but was not sure? A. I do not recollect ever saying these words, but Mr. Kelly put us on such strict grounds we were afraid to speak almost—I did not use the expression that I thought he was the man, but I was not sure of it—I cannot swear I did not—I cannot swear either way—I did not tell any body that I was going down to Southampton or Northampton to swear to a man for forgery, and I and another lad were to have 20l. a piece if we swore to the right man—all that I said about the 20l. was that Mr. Kelly said if ever we heard where the man was, andhe was the right man, we were to have 20l.—I did not say that I and another boy were to have 20l.—I do not expect the 20l., because I did not find the man; Mr. Kelly did—I cannot recollect that I ever said what Mr. Kelly had told me—there were two other boys, Thomas Wright and George Manley—Mr. Kelly told us if ever we found the man, and were sure it was the man, we were to have 20l.—I believe no one knew it but me—I do not recollect that I have told a soul of it—I did not associate with the other boys after this, til we met at Union-hall—I walked with Thomas Wright from Union-hall to Union-street the day the trial was coming on—we there saw Mr. Ball, but I never saw him before—I told him I wished I had never seen the man that gave me the cheque—I might have said I wished I had had nothing to do with it—I do not recollect that I told him I was persuaded to it—I am almost sure I did not—the Magistrate desired the prisoner to put his hat on—I did not hear any one say they knew him by his hat—I believe a boy said that that was not the hat he had on in Smithfield—I did not hear the officer say that his hat was a new one—Mr. Kelly said that his brother-in-law had bought a new hat for him to come up in.
JOHN KELLY . I am a bide and skin salesman. I deal with Mr. Cooper, a butcher, in Lambeth-marsh—I used to pay him on Saturday nights, generally in money, and on Monday with a cheque—I bank with Messrs. Weston—this signature is not mine—I do not remember drawing a cheque in this name.
Cross-examined. Q. How do you usually draw your cheques? A. In this manner, but not in favour of Clark—I found out Colbeck and the other boys through Colbeck's father and Mr. Brooks—they walked up and down from market to market, and I gave one half a sovereign and another
6s. or 7s.—I told them if they met the man, and were sure it was him, not to stand, but give him in charge, and I would give the boy 20l. whoever he was.
THOMAS COOPER I am a butcher, and live at Lower-marsh, Lambeth. The prisoner lived in my service four years and a half, during which time I had dealings with Mr. Kelly—I received cheques form him—the prisoner has had them in his hand sometimes for a short time.
Cross-examined. Q. How long is it since he left you? A. About the 1st of March—his conduct was good till he left—there was something against him then—(cheque read.)
Witnesses for the Defence.
ROBERT DENT . I live at the Fish public-house, at Northampton. I and my family have kept it forty-nine years—I am in good circumstances, and have property at Northampton—the prisoner married my sister—she was his first wife—she is now dead—the prisoner was to my knowledge carrying on the business of a butcher in London for some time past—he came down to me at Northampton on the 12th of March—he then intimated his intention to remove his family to Northampton shortly, and he accordingly came on the 26th—I remember the day he came—I said to my wife, "This is a particular day"—it was the birth-day of Deakin's former wife—I had promised him, if he brought his family down, I would be a friends to him and do what I could for him—when he came down on the 12th. which was Saturday, he remained till the Thursday following—he came again on the 26th, between two and three o'clock in the morning—he called me up himself—(there is a wagon comes there at that time)—I took him into my house, and he and his wife and family remained inmates of my house till Good Friday, the 1st of April—he slept every night in my house—I went through his room, and arose every morning before him, and I saw him in his room—he came down an hour after me—he breakfasted, dined, and supped with me—when he left me on Good Friday he went to a little house in Woolmonger-street—he and his family were in a state of distress.
COURT. Q. When you say he came so early in the morning, was it on the 26th? A. It was on Saturday morning the 26th—he left town on the Thursday evening, I understand—it is sixty-six miles off.
COURT, to JOHN MARCHA BURDON. Q. By what are you enabled to say that you paid it on the 28th of March? A. If we had paid it on any other day it would have had a mark on it—I have not the books here, but I am certain I paid it in money, because the circumstance was brought to our notice the next day, by Mr. Kelly having his book, and we saw it was a forgery.
MR. CHAMBERS to ROBERT DENT. Q. Did the prisoner continue in the same state of distress till he was taken up? A. Yes—he was taken in June, I believe—he was then in a small cottage in the Kettering-road—he had got no further employment than killing a little meat, and my lending him money to carry it on—it was its being his first wife's birth-day that led me to notice it was the 26th of March—I always passed through his room—he went to bed before me—I am quite sure he dined at home every day—I have noticed him when I passed through his room—he had a young child, and I have heard him tell his wife to keep the child still—I do not recollect any circumstance which took place on the Sunday or the Monday—he never
left my house for two hours—he did not come to London after he left my house—my mistress and the children used to go through his room—my mistress is not here—he slept in the front part of the house, up two pair of stairs—there are two rooms up there—the servant slept in the house.
ELIZABETH STEVENS . I was twelve months in Mr. Dent's service. I have left him ten weeks to-day—I am now living with Mr. Yates, at the Swan—I remember being called up early one morning in the month of March last—Mr. Dent let the prisoner in, and his wife and three children—I know it was on the 26th of March, because Good Friday was the week following—the prisoner remained in the house, and took his meals there, till Good Friday—he never left for two houre at a time—Mr. Dent passed through the room he slept in—he removed to woolmonger-street, and then to a cottage in Kettering-road—my master's children came home for the Easter holidays on the Wednesday, following the Saturday that the prisoner came there.
MR. CHAMBERS. Q. Are you any relation of Mr. Dent? A. No—I did not know the prisoner till he came there on the 12th—our house was large—there was a great deal of business—the prisoner was always about the house, and I was never out—I do not recollect his going up to town at any time after the 26th—I slept in the first room—the prisoner had to go through my mom, and my master had to go through my room, and then through the prisoner's—no one slept in my room—the prisoner usually got up about seven o'clock—I got up before him—I was the first up, and my mistress came down next—my master came down about half past seven o'clock—he came down after the prisoner—the prisoner went out in the morning, but not before my master came down—my master's little girls came home from school on the Wednesday, and the boy on Thursday—Mrs. Dent usually came down before the prisoner—he usually went to bed first—my master shut up the house, and went to bed last—there was no means of getting out except passing through my room.
WILLIAM WOOTON . I am governor of the borough gaol, Northampton, and have been so for fourteen years. I know the Fish public-house—Mr. Dent has lived there a great many years—on the 25th of March some persons were committed to my charge, and on the 26th something occurred about unwholesome meat—I went that evening to Mr. Dent's—the prisoner came in while I was there—I knew his first wife very well—I think I saw his wife and children that night—I saw the prisoner on the Sunday, the day following, and spoke to him—I saw him in the street on the Monday two or three times, and I saw him at Mr. Dent's that evening—he was in the room I was in about for three quarters of an hour—I am quite sure I saw him on the Saturday, Sunday, and Monday, and every day till the Friday following.
MR. CHAMBERS. Q. What time on Monday did you see him? A. I saw him two or three times—I go to Mr. Dent's very often—we grind beans, and I go there for change two or three times a day, sometimes—I cannot say I notice every one I see at Mr. Dent's, but the subject we were talking of on the Monday evening was rather a particular one—I saw him every day that week, with the exception of Friday—on that day I do not think I saw him—I have known him many years—I cannot be mistaken in my man.
NOT GUILTY .
There were two other indictments against the prisoner, on which the prosecution was declined.
Fifth Jury, before Mr. Common Sergeant.
1756. THOMAS WOOL was indicted for stealing, on the 22nd of June, 60 musquash skins, value 10s.; and 60 others skins, value 10s.; the goods of John Bates and ROBERT TOOMAY and JOHN WATSON for feloniously receiving the same, well knowing them to have been stolen; against the statute, &c.; to which Thomas Wool pleaded GUILTY . Aged 30.— Transported for Seven Years.
THOMAS BENJAMIN HURT . I am warehouseman to Mr. John Bates, a furrier, in Long-lane. I gave out one hundred and thirty-eight dosen and a half of musquash skins, and five dozen of them were missed—there are the skins, to the best of my knowledge—I missed them on Wednesday week last, the 22nd of June—Wool was in our employ.
THOMAS SMITH . On the 23rd the prisoners, Toomay and Watson, came to my shop, and offered these skins for sale—I suspected they had been stolen, and questioned them—Toomay said they bought them at Gravesend in exchange for glass—I called the policeman, and they both ran away—I followed them, took them, and gave them in charge—when they got to the station-house, they said they had them of Wool, who was at the station-house door.
Walson's Defence. These two young men came up to me, and asked where was a furrier's, and I told them.
WILLIAM PAYNE . I am a pipe-maker, and work for Mr. Jupp, in wood-street. I was with him last Wednesday week—I have been since working for Mr. Jackson, in Unions-street, at making pipes—Thomas Gold and John Collins work there with me—I was with Watson, on Wednesday week, the 23rd, in the country—he came from Bustingford—we went there for the good of our health, and to sell ornaments for fire-stores—we came to London the same day, and got there between eight and nine o'clock in the evening—I was with Watson when Toomay came up to us, in Union-street, Southward, with the skins in his hand, and asked if we knew where to sell some skins—he said were they hare skins r rabbit skins, because he understood them—he said no, he did not know what they were—Watson said he knew one person who might buy them—he went with him—that was on Thursday morning between nine and ten o'clock—I did not see wool there—I left Watson and Toomay at the corner, and went to my own work.
Toomay. I did not know they were stolen—I was to get a shilling for selling them—I received them from Wool.
TOOMAY— GUILTY . Aged 24.— Confined Three Months. WATSON— NOT GUILTY .
Sixth Jury, before Mr. Sergeant Arabin.
CHARLES HENRY FALCONER . I am a Thames police surveyor. On the 24th of June, I was near a brewery which is building on the Surrey side of the river—I observed the prisoner, and another man leave the roof of that brewery, where there had been some leaden gutters laid—the prisoner came down a ladder—I went to the gate, and saw him go on to Lambeth Palace—I then stopped him, and took him back to Waterloo-bridge
toll-house, and found this lead concealed under his waistcoat and the waistband of his trowsers, slung by a belt—here are 30lbs. of it.
JOHN FOORD . I am a plumber, and was employed at this brewery—the lead, and every thing there, belongs of Mr. James Goding and his partner—I could not swear to this lead, but such lead was using there—the prisoner was a plumber's labourer there.
Cross-examined by MR. PAYNE. Q. Are you the employer of the person under whom he works? A. I employ him myself, and have done so for a year and a quarter—if there was more lead there than was wanted, it belonged to me—he has been rather a steady lad.
(The prisoner received a good character.)
GUILTY . Aged 21.—Recommended to mercy by the Jury.
Confined Three Months.
Fifth Jury, before Mr. Common Sergeant.
WILLIAM SMITH . I am a butcher. Between twelve and one o'clock at night, on the 24th of June, I was going home—I stopped at the corner of a street—the prisoner came up to me, put her hand into my pocket, and took out my bag and key—I am sure she is the person.
ADJOURNED TO MONDAY, AUGUST 15, 1836.