CENTRAL CRIMINAL COURT
ELEVENTH SESSION, HELD SEPTEMBER 19, 1836.
MINUTES OF EVIDENCE,
Taken in Short-hand,
GEORGE HEBERT, CHEAPSIDE. WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
On the King's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Before the Right Honourable WILLIAM TAYLOR COPELAND LORD MAYOR of the City of London; Thomas Lord Denman, Chief Justice of His Majesty's Court of King's Beach; Sir John Bernard Bosanquet, Knt., one of the Justices of His Majesty's Court of Common Pleas; John Atkins, Esq.; Antony Brown Esq.; Matthias Prime Lucas, Esq.; Sir Peter Laurie, Bart.; and Henry Winchester, Esq.; Aldermen of the City of London; the Honourable Charles Ewan Law, Recorder of the said City; Sir Chapman Marshall, Knt; John Pirie, Esq.; Thomas Wood, Esq.; James White, Esq.; John Humphrey, Esq.; Aldermen of the said City London; 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. ELEVENTH SESSION.
A star (*) denotes that the prisoner had been previously in custody?An obelisk (+), that the prisoner is known to be the associate of bad characters.
Fourth Jury, before Lord Chief Justice Denman.
2016. GEORGE EDWARDS PEACOCK was indicted for feloniously forging, on the 7th of December, a certain power of attorney to transfer a share of £7814 5s. 9d. Three per Cent Consols Bank Annuities, which William Addison Fountaine, William Watkins, and himself, were possessed of and entitled to, with intent to defraud the Governor and Company of the Bank of England—2nd COUNT, stating his intent to be to defraud William Addison Fountaine and William Watkins.—3rd COUNT, to defraud Henry Bilke.—4th, 5th, and 6th COUNTS, for uttering the same with like intents.—7th, 8th, and 9th COUNTS, for feloniously demanding and endeavouring to have a like share, by virtue of a like forged power of attorney, with like intents—6 other COUNTS, omitting to set out the forged instrument.
MESSRS. MAULE and ADOLPHUS conducted the Prosecution.
Q. Did you see it executed? A. I have signed it, certainly.
(The document, dated 24th of June, 1831, assigned the sum of £7814 5s. 9d. Three per Cent Consols, £300 Three and a half per Cent Consols, and certain canal shares, the property of Selina Wilmer, to William Addison Fountaine, William Watkins, and George Edwards Peacock, in trust for the said Selina Wilmer, on her marriage with the Rev. Edwards Peacock of Danby Wisk, in the county of York.)
JOHN WILSON re-examined. I was Francis Ridley, the other attesting witness, sign this at the same time as I did—I will not swear I saw any body sign it but Francis Ridley—I was just called in to see him sign it, and then went out.
FRANCIS RIDLEY . I was formerly in the service of the Rev. D. M. Peacock, the prisoner's father, and am so now. I signed this deed—I cannot say whether all the parties were there at the time—there was a marriage between Miss Selina Wilmer and Mr. Edwards Peacock—they are now man and wife.
THOMAS YOUNG . I am a clerk in the Consol Office, at the Bank. I have the Stock-ledger—on the 26th of July, 1831, the sum of £7814 5s. 9d. stood in the names of William Addison Fountaine, William Watkins, and George Edwards Peacock—it continued in their names up to the 7th of December, 1835—it was then transferred to the name of Henry Bilke—I have attested the demand to act for that transfer—Mr. Clark was the broker by whose means it was transferred—it is necessary for a broker to
identify the party demanding to act unless we know him—on that occasion Mr. Clark identified the party making the demand—George Edwards Peacock was the party he identified—I was a witness to the transfer—(looking at the transfer-book) this is the transfer—there is a demand to act on the power of attorney—(looking at it) the demand is at the back of the power of attorney. I witnessed the demand to act.
JAMES CLARK . I am a stock-broker. On the 7th of December, the prisoner applied to me and said he wished to sell a sum in Consols, standing in three names, by power of attorney—he gave me a verbal order to sell—I accompanied him to the Power of Attorney Office—we applied for the power of attorney, which had been left some few days, for the purpose of making a request at the back of it to he allowed to sell the stock, the stock being closed for a dividend—I informed the prisoner that was necessary to be done, and I accompanied him to the Power of Attorney Office to do it—it was I who asked for the power, to the best of my recollection—it was in his presence—it was give to us, and he wrote a request on the back of the power—he then delivered it to me, and left the Bank, while I took it to Mr. Snee, the chief accountant at the Bank—the prisoner left me, as he said, to go to Chancery-lane, and said he would return in about two hours.
Q. Were you by his direction to do any thing in the meantime? A. I was to get permission to sell the stock, and get the transfer ready—he desired me to do so, and left the power of attorney with me for that parpose—I obtained the necessary permission, sold the stock, and made out the transfer ticket, which is necessary to be put in for the clerks to enter the transfer from—it is a form the clerks to enter for the party making the transfer to sign—Mr. Peacock came back about two o'clock—the transfer was then ready for execution, and he executed it—I saw him do it—the stock was transferred to Mr. Bilk, a stock-broker, and I received a cheque from Mr. Bilke for £7081 11s. 6d., the purchase-money—I cannot say that this is the cheque, (looking at one,) but it was one of that amount, drawn by Mr. Bilke—I gave it to the prisoner, and that closed the transaction—(looking at the transfer-book) this is the transfer I saw the prisoner execute—and this is the request I saw him sign, and he wrote the body of it himself in my presence.
Cross-examined by MR. BODKIN. Q. You knew him before, I believe? A. I did.
JAMES THURLOW . I am a clerk in the Power of Attorney Office, in the Bank of England. This power of attorney is my writing, and these are the instructions from which I prepared it (looking at them)—I do not know who delivered them—they are put in a box into the office.
REV. WILLIAM ADDISON FOUNTAINE . I am one of the trustees under this deed of settlement—(looking at the power of attorney)—this signature of "Wm. Fountaine", to this power of attorney, is not my writing—I never signed that I never executed such a power of attorney in my life—I had no servant named John Husband—I do not know a Mr. Harrison, of Middleton, St. George's*—I have been in that parish thirty years, and never knew such a person—I have a general knowledge of every gentlemen in the parish—there never was such a person to my knowledge.
* John Husband and Thomas Harrison were the parties purporting to be the attesting witnesses to the witness signature to the power of attorney.
Cross-examined by MR. BODKIN. Q. How long have you been acquainted with the prisoner? A. I suppose, twenty years—I knew him.
from a child—he has always moved in respectable society, and bore a good character down to the time of this transaction—I know his brother, whose stock this was—I believe the prisoner and he were on the kindest and most affectionate terms.
[Mr. Bodkin, on the prisoner's behalf, here stated it at it was his wish at once to admit his guilt, there being now sufficient legal proof to make out the case; and that he had only abstained from taking that course before, from an anxiety to explain the circumstances of the transaction.]
Prisoner's Defence. My Lord, and Gentlemen of the Jury,—I cannot offer to address you upon a case, the facts of which admit of no doubt, without at the same time, expressing to you, in the outset, my apology for having subjected you to the trouble of hearing the formal proofs to establish it. I was aware, gentlemen, it must be established—indeed, I have never denied the accusation; and it was my full intention to have saved my Lord and yourselves the pain of recording a verdict which would subject your fellow-being to the forfeiture of his life; and my feelings, moreover, influenced me in coming to that determination, from the desire I had to spare my relations and friends (which are many and near) the increased misery that must arise to, and befall them, from a complete investigation and disclosure of all the circumstances connected with the act itself. It has been by the direction of my legal advisers that I have taken my present course; but for them, I should have pleaded "Guilty" to the charge: but I found, if I did so, that I should be precluded from addressing you, and thereby shut out from giving you and the world some explanation of the causes which led me to the committal of such a crime, and thus of impressing upon your minds that necessity, and not inclination, instigated it; which, though a poor one, has afforded me some consolation, I am fully aware that necessity is no legal excuse for error; but Gentlemen, it is not to be forgotten, that so constituted is man, that he cannot be perfect, and that, but for human imperfection, legal and social restraints would be altogether unnecessary. Few men have philosophy enough to suffer disgrace, when the means, either real or imaginary, are in their power to avert it—particularly if they suppose those means can be used without injury to others. I was thus placed; my pecuniary difficulties were immense; their non-settlement must have plunged me into a prison; my professional avocations must not only have been suspended, but my prospects of advancement, by the loss of my conncexions, must have been destroyed; my poor unhappy wife—yes, I have indeed a wife, and an infant child too—must have shared my ruin; and the days of my poor, aged, and venerable parent must have been shortened. Great as these accumulated misfortunes would have been to one brought up as I was, in the bosom of a large, united, and respected family, and in the enjoyment of their devoted affections, they would not have induced me to commit an act, had I conceived injury to any one, much less to a beloved brother, would have followed. My firm intention and design was to have replaced the stock—and this assertion and assurance I make in the presence of my God, who can bear my conscience witness as to its truth. I proved also, by payment from time to time the amount of the dividends to my brother's credit, at his banker's, that it was a temporary use only I was making of the money, If I had intended the act as one of dishonesty, I should not have continued daily in my office, for a period of seven moths, transacting my business—should I not have flown with the £7000. and sought refuge and security in a foreign land? Gentlemen, I did not only not fly with the money, while undiscovered for seven months, but I remained also for days
after suspicion arose, and then again after the discovery was fully made which, if it were necessary, could be testified. Gentlemen, the mind of a man, steeled by the love of crime, looks to his life and liberty when either are in danger—I looked, although I now perceive through a false medium, to the sustaining of character—I did this act with the sole view of sustaining my character—by the discovery my character was blasted, and the protection of my person was no longer with me a consideration—I flew not—I submitted to be taken. The details which led to my embarrassments, and those which would show the application of the money I obtained, would occupy a time in elucidation which I should be unwarranted in trespassing upon; but I will, with your leave, give you some general heads, which will show you the sincerity of my assertion, that it was necessity, and an anxiety to sustain my character, which prompted me. I was admitted an attorney in the year 1830, having served my clerkship, and been brought up and educated in the country—on my admission, I commenced business in London—I entered into partnership, and had reason to expect that the business would be prosperous and lucrative. In this full confidence much capital was embarked in it, and, for the purpose of acquiring a good business, some expense was incurred for the purpose of maintaining that respectability of appearance without which business connexions do not acquire confidence. My partnership was unfortunate, to the extent of about £1500, my losses otherwise considerable, and I found, in time, my expenditure overbalance my income: besides which, I lost by the insolvency of a friend, for whom I had become security, nearly £600 and this at a period I could least sustain it, which involved me in further difficulties, and in order to meet them, or at least in a great measure, I obtained advances from my father; but my shame and backwardness to discover the real, the whole state of my case, prevented a kind and indulgent parent, like a misled physician, the opportunity of effecting a perfect cure, by entirely extricating me, which his liberality of disposition would have inclined him to do, had he know the whole truth. My hops of being able to disengage myself from what remained caused this reserve—this disinclination to tell all—this want of candour; but those hopes proved false—my remaining difficulties I warded off until my own means might be sufficient to meet them, by giving notes and bills; when these became due I was unable to honour them—renewals took place, and upon those renewals being again dishonoured, proceedings at law were takes and judgment obtained, which to satisfy, I was obliged from time to time to borrow money, and give fresh securities and large premiums, until at length, in the latter end of the last year, I found myself in debt to the extent of nearly £5000—all brought on by accumulated pecuniary difficulties, arising, not from any extravagance of living, or the commission of any excesses; but purely from struggling against the stream, to keep up that professional respectability which I considered indispensable—a very great proportion of this debt being, in fact, accumulated by the purchase of pecuniary accommodation. Had I not so miscalculated, but submitted at once to misfortune, I should have averted this my present more serious calamity. In 1832 my brother was married, and a sum of money was invested in the purchase of Consols, to the amount of £7000 and upwards. Mr. Watkins, Mr. Fountaine, and myself, were the trustees. On account of my being resident in London, I was in the habit of receiving the dividends for some time. My brother went abroad, and it was arranged that, during his absence, his bankers should receive and place them to his account; and, for this purpose, a power of attorney was given to the
bankers by the trustees, myself being one. The bankers continued to act upon this power till July, 1835; and before the following January dividend became due, my pecuniary difficulties had become so great, so insurmountable that my mind was in a state of distraction, and my bodily health also suffered in consequence, and which brought forth the continued observations of all my friends; and it having been suggested to me that the discount trade was very lucrative, and that if I had capital I could realize a handsome income, and in a short time an independence, and my own individual unhappy experience in the rate of profit that might he so realized, confirmed the truth of the suggestion; I conceived the plan of appropriating my brother's money for a time, thus to extricate myself, and with the residue to commence the discount trade, in order to replace the stock. I do assure you. Gentlemen, that, at that moment, my infatuation was so great, by the false confidence I had in my ability to carry on the new line of business, that I anticipated a very large return of capital, in a comparatively short time, so as to replace the stock; and that in the interval I should be able to continue the payment of the dividends punctually. I had not then the least conception that the Bank of England could suffer, or had any thing to do with the money; but that its being in my name, though with others, it was a family matter, and that I could satisfy my brother, on his return to England, that, in what I had done, I had merely acted from temporary pressure, and that when he should be convinced—as I fully expected to be able to convince him—of my ability to replace the stock, he would be fully satisfied. How lamentably I was deceived, the result has shown. Having obtained the money, I at once discharged my then present debts on bills and judgments, amounting (together with the accumulations of interest, and compound interest, and heavy premium for accommodation, together with costs upon divers of the debts) to upwards of £4700. My business debt, and several old partnership accounts, I paid to upwards of £100, and in the months of December, January, and February, I discounted nearly thirty bills, varying each in amount from £50 to £250, and making together a sum of nearly £2000. Thus I show, without calculating my contingent expenses, or my household expenses, (which, by the prudence and good management of a discreet and affectionate, but now unhappy, wife, were very small,) a disposition of nearly £7000 within three months. Promptly were the premiums paid for the discounts, and I was silly enough to imagine that those who paid for discounts would pay bills punctually, which is only another proof of my want of experience in business, and false confidence in my own abilities; and, consequently, with the cash I received for bills which were really good I discounted fresh ones. The £7080 odd which I realized by the stock, together with the premiums I received, and the small sum of 144l. 4s. 5d. which was received from my law business during seven months, and which is proof of the very depressed state in which it was, were the means by which I made the outlay; so that when I was taken into custody, I was almost without a pound. If, my Lord and Gentlemen, I had obtained this money for the love of plunder, I could not stand before you, and hope for your commiseration; but fallen as I am in my own estimation, and fallen also as I must be in yours, still I do with confidence look to your humanity to bear patiently with me, while I detail to you this story of human infirmity. My means but not my objects were unjust—my intention was to pay my debts honestly, to keep up my respectability, to avoid a gaol and disgrace, and to
replace, by my exertions, my brother's property; and the best proof I can give of my intentions having ultimately been to replace the stock is, the fact of my having paid into the hands of my brother's bankers, to his account, the amount of the tow half-yearly dividends, as they became due in January and July of this year, amounting together to nearly £240. My brother is aware—he is convinced, that my intention was to replace the stock, and my distress is only the more intense, as I know his kind heart bleeds by my disgrace. Of the Bank of England I feel it my duty to speak—to that body I feel very grateful for the kind manner in which they consented, when I was first taken up, to allow me as much time as possible before trial. In prosecuting this case, they have acted, no doubt from a sense of public duty—and I have no right to indeed I do not, complain—I am only anxious to convince your Lordship, and you, Gentlemen, as also the Bank, that while I am not denying the facts, I am sincere is assuring you that a fraud on the Bank was never contemplated by me he the remotest degree, that I was actuated by no dishonest motives, and my firm intention was re-investment. Do not let it be here supposed, for a moment, that I would by any explanation of my motives, seek to justify the criminal act—this is not my desire—this I know to be impossible—I too well know that improper means are not justified by the end, and that the act itself, whatever the intention, the result remains the same in the sight of God and man. The distracted state of mind I have suffered—the days and nights I have spent in anxiety, tormented by agonizing thoughts, by the stings of a self-accusing conscience, by the but too well founded fears of undergoing the sentence of an earthly tribunal—and above all, the still greater dread of being perchance suddenly cut off in the midst of my sins, and suffering, unprepared, the more awful sentence of the Great Judge of all—these sensations, I say, would have been more than sufficient to convince me of this fact, had it required any argument or proof to do so the only desire I have, is to impress upon your minds that no fraudulent design, or dishonest motive, instigated the act; and I confidently trust, that from the facts now laid before you, and the arguments adduced, you do feel convinced of this circumstance. This address has been unavoidably long, and its imperfections I hope will be attributed to the agitation of mind I feel, and the awful situation in which I stand. Could I have addressed you by my Counsel, no doubt the statement which is that imperfectly conveyed to you, would have been more clear, and the peculiar circumstances which actuated me, would have been in stronger and more powerful terms argued and reasoned upon, so as to have thoroughly convinced you, that in action only, and not in motive, I was blamable—I am in this matter (as my fate has been in all others) unfortunate—for a few days' delay, I believe, would have given me the privilege and advantage of that legal assistance which, by law, I am not now entitled to have In the full confidence, however, that you, my Lord and Gentlemen, will make all allowances for my feelings and manner, and that you will, not withstanding the verdict which must pass against me, accompany that verdict with such a recommendation of mercy as my peculiar situation and circumstances induced me to crave of you; I will conclude my address in few words. I earnestly entreat you to consider well before you decide upon the fate of a fellow-creature—let your best feelings come forth and have some weight in your determination—forget not that I have a wife, a poor unhappy partner, in misery, who is innocent of my offence; aye, and remained utterly ignorant of it, as well as every circumstance connected
with it, and the extreme difficulties which drove me to it, until after my capture, when she was suddenly, and without warning, plunged into wretchedness. Forget not that upon your verdict, in a measure, depends whether she remains a wife or become a widow—whether my infant, my innocent child, is to become fatherless—bear in your minds also, and engrave it upon you hearts, that I have two respected and venerated parents, one of whom may be looked upon, from illness and afflictions, as almost on the verge of time and eternity, and that the downfall of his unhappy son might, indeed, be the means of hastening his death—of bringing his gray hairs with sorrow to the grave—Oh! add not to my sin and suffering this agonizing reflection—think that these unhappy parents, as well as a family, which has ever been highly esteemed and beloved, and a large circle of relations, are anxiously and painfully waiting your recommendation—think on all this, I implore you, and act not till you have thought. I resign myself into your hands, and may that great and merciful God who governeth all things and all men, who ordereth the thoughts and actions of his creatures, and maketh them subservient to his will, possess your hearts with a feeling of mercy for the wretched individual whose fate is now in your hands, and who pleads for mercy at the door of your hearts.
(Wallace Butcher, merchant and agent, Barge-yard, Bucklersbury; Wm. Bulkley Glasse, Esq., Barrister, New-square, Lincoln's-inn; H. B. Robinson, gent., Hillingdon; Rev. Robert Hankinson; Lieut, Edward Robinson, R. N., 6, Brunswick-place, Brompton; Rev. Frederick Sturt; Thomas James Tatham, land-agent, Bedford-place, Russell-square; John Clayton solicitor, Lancaster-place, Strand; Alexander William Grant solicitor King's-road, Newington;—Edwards., Long Buckley, Northamptonshire Alexander Black, Tavistock; and William Washington Mancegent., Wyndham-place, Bryanstone-square; gave the prisoner an excellent character.)
GUILTY.— DEATH . Aged 30.—Strongly recommended to mercy by the Jury on account of his previous good character.
Before Lord Chief Justice Denman.
2017. JONATHAN HOLCOMBE and JOHN BECK were indicted for burglariously breaking and entering the dwelling of Louis Stechert, about the hour of twelve in the night of the 10th of August, at St. James, Westminster, with intent to steal, and stealing therein 2 pairs of shoes, value 30s.; the goods of Philip Freil, Esq.; 35 yards of woolen cloth, value 36l.; 4 yards of velvet, value 4l.; 30 yards of silk serge, value 5l. 2 coats, value 6l.; 4 waistcoats, value 3l.; 1 wine strainer, value 30s.; 1 pepper-box, value 2l.; and 1 decanter stand, value 5s., the goods of the said Louis Stechert.
LOUIS STECHERT I am a tailor and live at No. 17, Argyle-street, in the parish of St. James, Westminster. On the night of the 10th of August I went to bed at eleven o'clock precisely and was the last person up—I make it my business every night before going to bed to see all the doors and windows, safe and I saw the house fastened up in every way that night—I was disturbed about a quarter after twelve o'clock—my wife made an observation to me about the creaking of the street-door—she got out of bed, came back to me, and alarmed me—I ran down stairs in my shirt, and on the first fight of stairs I noticed that the street-door was about a quarter of a yard open—I ran to the street-door and opened it quite, and saw a lad running round the corner of Argyle-street into Oxford-street—I
followed him, but when I got round the corner he had vanished—I got a policeman who stood by the lamp-post, and took him to the house—he sprang his rattle for assistance, and when I came into the house my wife had got a candle alight—I found two pieces of woollen cloth, a piece of velvet, a piece of silk, and other things placed in the passage ready to be removed—I could not tell how the thieves got in, the door being locked before—the policeman and I went over the house—the door of the back parlour where the cloth had been was locked, and locked them as I had left it—when I got to the parlour I found the window partly open—they had moved the goods through the window into the yard—they could not get them but by moving them through the window into the back yard, and then into the passage, and the thieves had gone out at the front door—we examined the house, but could find no body concealed in it—I then took my errand-boy into custody, and brought him to the station-house, suspecting he might know something of it—he did not live in the house—I suspected at the time that he had brought the thieves into the house.
Cross-examined by MR. DOANE. Q. Is your errand-boy here? A. No, he is not—I was the last person who went to bed that night—I saw the premises quite safe.
WILLIAM TROWBRIDGE . I am foreman to Mr. Stechert. When I came to my employment in the morning, he told me of the robbery—he suspected Holcombe, and wished me to go to him with the officer, which we did—he had been errand-boy at our place formerly, and was then errand-boy at another place—I went to his house, No.8, Grafton-street, about half-past eight o'clock in the morning, and found him there—nothing passed in the house—as soon as we came out, I told him what had occurred—and said he had better tell the truth, if he was in it—he denied being in the house at the time—he did not say any thing about any goods which I afterwards found—he said he could point out his accomplice—I saw the two prisoners together—Holcombe did not say any thing in Beck's presence about his being concerned—I did not know Beck before—I told Beck that Holcombe had given me information that he, Beck, had been in it—he said, if that was the case, he wished to make a confession—I did not any it would be better for him to state the truth—I said I would not taken any confession from him, but would take him before the proper authorities—I took him before the Magistrate, and he was examined there—he was in the policeman's custody the whole time.
JOHN GILBIN . I am a policeman. Stechert did not apply to me on the night of the 10th of August, but on the following morning, the 11th, between seven and eight o'clock—in consequence of that, I went to Holcombe's house with Trowbridge—what he said was in consequence of his promising him some favour—nothing else passed—I took him into custody, and is consequence of what he said I took Beck, and took him before the Magistrate, between eleven and twelve o'clock—I did not say any thing to Beck about confessing—I never spoke to him—I did not hear him examined before the Magistrate—one was examined before the Magistrate, and the other was examined in the back place, where the clerks are—when I took Beck into custody, he asked what it was for—I told him—he denied all knowledge of it, till I got him to Mr. Stechert's house—then Mr. Stechert said, "Jonathan, is this the young man who was with you last night?"—he said, "Yes"—Beck then to us what property he took away, and where they disposed of it, and for what price—he said that in Holcombe's presence—he said Holcombe put him up to it, to go in there and take the things—and
they were to have a cab—(there was another I took as well)—he said the robbery had been planned for above a week, and if they got the property they were to take it to a house in Monmouth-street—I searched that house, but found no property there—Holcombe's father, about two hours after, brought some property to Mr. Stechert, which he said he had found in his own house—Beck said, in Holcombe's presence, that he took a coat away, and a pair of shoes and a waistcoat, a wine-strainer, and pepper-castor, and sold them to the Jew in Monmouth-street, for 14s.; but I have not found them—Holcombe then said it was Beck who wanted to put him up to it, on account of knowing his way in there, when he brought his dinner there several times, when he lived errand-boy with Mr. Stechert—I took them before the Magistrate—Holcombe made a statement before the Magistrate—the Magistrate asked Beck what he meant to do with the things—Holcombe said, to sell them to the Jew, as he had sold the other things—they were both present—Holcombe said something in answer to that—the Magistrate did not give Holcombe any warning before he put any question to him, but asked him how he meant to dispose of come of the property—he said he meant to dispose of it to the Jew in Monmouth-street, that he had sold some property there, and the Jew owed him?.
Cross-examined. Q. Was what Holcombe said taken down in writing? A. I was not there when it was taken down—but afterwards, when the depositions were read over, and they were fully committed, it was put down—it was put down in writing before.
COURT. Q. Did you see it taken down? A. No—I heard the depositions read over to him—I did not hear his examination read to him—there was nothing taken down by the clerk nor Magistrate that he said in my presence.
Cross-examined by MR. DOANE. Q. Was it taken down at any time? A. Not to my knowledge.
COURT. Q. Did he say any thing else about what he meant to do with the property? A. No.
MR. DOANE. Q. Holcombe said they meant to have taken some property to a Jew? A. They asked him where they meant to dispose of the property—Holcombe said they meant to take it to the Jew's Monmouth-street—not that he meant, but they meant—two persons besides the prisoners were apprehended for this, but they were discharged.
COURT. Q. Did he say they or we? A. We meant to take it to the Jew in Monmouth-street—I am not positive whether he said they or we—the question was put to both the prisoners—the others had been discharged at that time.
WILLIAM TROWBRIDGE re-examined. I heard Beck examined before the Maigstrate, and I attested his examination—I saw him sign it—it was road over to him before he signed it—I saw it taken down from his statement—(read)—The voluntary statement of John Beek, taken before me, Robert Joseph Chambers, Esq., one of his Majesty's justice of the peace for the country of Middlesex, this 11th day of August, 1836, who says, "I have known Jonathan Holcombe for about five weeks, and about three or four days ago he said to me that he knew a place where we could get two or three rolls of cloth, and that if I knew any body to bring it away, he would show me the place—I said, 'Perhaps I did know a man who would bring it away'—soon after the conversation we parted—this was in Tottenham-court-road—I did not again see him until yesterday, when I again met him near Tottenham-court-road, and I said to him, 'Are you going after the
cloth?'—he said, 'Yes', and that we must go and see Jack, that lived at Pridmore's—we walked down Tottenham-court-road, and on our way we met Jack, and we both told him that we were going after some cloth in Argyle-street, and asked him if he would come with a cab at twelve o'clock at night—he said he would, and soon after he left us, and Holcombe and me went down to Monmouth-street, and went into a shop at the corner of Monmouth-court, and we asked the man in the shop if he would buy some cloth—he said he would—we told him we were going to take it from a place near Regent-street—and he said that he would change two £10 notes, and have the money ready for us—we then left his shop—this was about six o'clock in the evening—from there, I am Holcombe went to the New Inn-yard, Tottenham-court-road, to meet Jack, which he had before agreed to; and shortly after he met us there, and we all three walked on to Argyle-street—I and Holcombe walked over to Mr. Stechert's shop; and Holcombe said, 'I will go in and see if it's all right, as I shall want to put you in a little hole; and he went in at the shop door, and in a very short time he came towards the door and beckoned to me, and I went in—he took me into the water-closet, We must go and look for a better place; and he left me, but soon returned again, and then took me to near the pump, which is a dark place, and I concealed myself in a nook there—at that time I heard one of the men speak to Holcombe, who had gone back into the water-closet—soon after, one of the men came to wash his hands at the pump, and when he went away, Holcombe came and said to me, 'Keep yourself up close;' and Holcombe washed his hands; when another man came and washed himself and went away, Holcombe then said, 'Come in the dust-hole;' and we both got in, and were there nearly two hours; and after we heard the doors and places fastened we got out and went upstairs into the workshop, and laid on the floor about an hour—he then went down-stairs to look for a candle, as he said, and he got a light from the gas—we then went down into the kitchen, but found nothing there—we then went up into the front parlour, and Holcombe said, 'Here is the place where the cloth is;' pointing to the back parlour, and he got in at the window, the door being fastened—he called to me to follow him, which I did; and we took about three pieces of cloth, two coats, and some pieces of silk from out of the room into the passage—before we had done that, Holcombe said, 'I will look for the keys, as I know where they are kept, to let us out at the door we came in at;' and he looked about for them, but could not find them, and he said that we must go out at the front door, and soon after he went and opened the front door to see if the cab was come—it was not there, and he said, 'I will go out and see if I can see him;' and he went out, and whilst he was gone, I thought I heard somebody up-stairs opening a door, and I ran out, taking with me a coat which I had taken from the back parlour, and had put on—I also had put into the pocket of the coat a pair of shoes, a silver pepper-stand, and a silver strainer—when I got to the top of the street, I saw some police-constables, and I thought they were looking at me—I commenced running, and took the pair of shoes from out of the coat-pocket and threw them away—I then went on the Monmouth-street, to the shop where we had been before—I knocked at the shop door, and the man said, 'Is it Jack?' I said 'Yes;' and he said, 'Come in the morning'—I went away, and went to a mews in Tottenham-court-road, and got into a hackney-coach, and slept there until about eight o'clock this morning—I then went again to the shop in Monmouth-street, and saw a female—she said her husband was not at home—I told her I had a coat to sell, and she said she would
send for her brother-in-law; she gave a little girl a halfpenny, and sent her for him, and soon after a man came—I showed him the coat, also the silver pepper-stand and silver strainer—I asked him 14s. for the whole—he agreed to give it, and gave me 7s., and told me if I would call again in half-an-hour he would give me the other 7s.—I then left, and went up into the Hampstread-road, and left the 7s. the man had given me in a field, covering the money over with a brick—I then went to Grafton-street, and there saw Holcombe—he spoke to me, and said that he had been taken, but that they had let him go again, and he took me up towards the canal, and in Crescent-street I was taken into custody.
(Signed) JOHN BECK."
The Prisoner made no defence.
(George Holland, of 31, Grafton-street East, gave Holcombe a good character.)
HOLCOMBE— GUILTY . Aged 15.
BECK— GUILTY . Aged 17.
Before Lord Chief Justice Denman.
2018. JOSEPH LONGHURST and JOHN MAHONY was indicted for burglariously breaking and entering the dwelling-house of Joseph Staines and another, about the hour of twelve in the night of the 7th of September, at St. Mary Matfelton, alias Whitechapel, with intent to steal, and stealing therein 2lbs. weight of brass, value 1s. 6d.; 2 1/2lbs. of lead, value 5d.; 26 halfpence, and 1 farthing; the goods and monies of the said Joseph Staines and another.
JOSEPH STAINES . I am a dealer in marine stores—my house is in the parish of Whitechapel. On the night of the 7th of September I went out about eight or nine o'clock, and came home about twelve o'clock at night—when I opened the shop door we wanted a light, as my wife had fallen down the trap, which was open—it had been broken open—the trap door was forced up—that would let any body into the house—I called the police, and found the two prisoners underneath the dresser in the back promises—they had got there by entering the trap door—I know Longhurst—I believe he goes about the street picking up bones—he has dealt with me—I do not know Mahony—this copper, brass, and lead were found in a bag on the counter—the drawer was open which they had taken it out of—I had seen the bras and lead on my premises before—the bag belongs to them, and there was a little black silk handkerchief with 11d., in halfpence to them, on the counter, which I missed out of this box, where I kept my money—I had seen the money safe about eight or nine o'clock that night—I found the box moved from the mantel-piece on to the table in the parlour, and the halfpence gone out of it—(looking at the property)—I know I had this kind of lead in the drawer, and missed it, and one piece of the brass I can swear to—I know it by its being in my drawer and by the pattern—I had such a thing in my drawer—I gad seen it two or three times that day, and it was missing from the place after they were there—I had not fastened the flap of the cellar door, but it was shut down—it must be lifted up to be opened—a small flap lifts down to secure the big one—one must be lifted up to get the other up.
t the other up.
PIERCE DRISCOLL . I am a policeman. I was called by the prosecutor to his house on the night of the 7th of September—I found the two prisoners there, and found the bag on the counter, and the handkerchief—I asked the prisoners how they came there—they said they did not know—I said they had just done themselves—they said they could not help it—I have brought the property here, which has been produced.
Longhurst's Defence. I was turned out of my home, and had no where to go, and got down there.
LONGHURST— GUILTY . Aged 17.
MAHONY— GUILTY . Aged 15.
Before Mr. Justice Bosanquet.
2019. JAMES DAVIS and THOMAS LUCAS were indicted for burglariously breaking and entering the dwelling-house of George Mount Cleggett, about the hour of three in the night of the 16th of September, at St. Margaret, Westminster, with intent to steal, and stealing therein, 1 handkerchief, value 6d.; 1 half-crown, 24 shillings, 3 sixpences, it fourpenny-pieces, and 1536 pence; the goods and monies of the said George Mount Cleggett.
MR. CLARKSON conducted the Prosecution.
GEORGE MOUNT CLEGGETT . I am landlord of the Castle public-house, in Broadway, in the parish of St. Margaret, Westminster. On Friday evening, the 16th of September, I was at home—we shut up the shutters an half-past eleven o'clock; and at twenty minutes or a quarter to twelve o'clock I myself shut the street door and fastened it—the other persons in the house had gone to bed—there are four tills in the bar—one of them was entirely empty; in another there was sixpence in silver and a few half-pence; in another, a shilling, and sixpence, and a few halfpence; and in the last, one half-crown, three shillings, one sixpence, some fourpenny-pieces and a few coppers—I cannot speak to the exact number of the fourpenny pieces—it is always my custom to examine my tills every night before I go to bed—there was 1l. in silver, and 5l. 10s. in penny pieces, all done up in 5s. packages, on the side-board in the bar, with 18s. or 19s. in penny pieces, not done up—there was a blue cotton pocket-handkerchief on the left-hand side in the side-board drawer—after seeing every thing secure, and the house fastened, I went to bed—I was awoke about half-past four o'clock, or rather later, the following morning, by the police—there is a back door to my house, leading into a small yard, and that back door leads into the parlour, which has a door from it into the bar—I found both those doors open—they appeared to have been opened by violence—a pannel was taken out of the back door—on looking about, I missed all the money from the matel-piece, the side-board, and all the tills, and the blue pocket-handkerchief—I know both of the prisoner—I had seen Davis in the house about four o'clock both afternoon, when I went out to come into the City—I had seen Lucas many times at my house, but do not recollect seeing him there that duty day—I accompanied the policeman into the back, yard, and found a ladder there, placed against the wall—that would enable persons to pass from the yard of the next house over the wall into yard—I afterwards accompanied the policeman to the station-house—I have since seen the blue cotton handkerchief, and believe it to mine—it is like the rest of my handkerchief—I also saw some money, with a number of fourpenny-pieces among it.
Cross-examined by MR. PHILLIPS. Q. Was it the day the robbery
you saw Davis at your house? A. Yes, I did not see him leave—it is impossible he could secured himself in the house—he could not have got up-stairs and secured himself—there is not way of getting to the stairs without being seen—there is no connexion between the front of the bar and the stairs—you can go to the stairs without going into the street—there is nobody here, that I know of, who saw him go out of the house.
MR. CLARKSON. Q. If any body had secreted himself in the house, would there be any occasion to break the pannel of the door? A. Certainly not, nor to have ladder to get over the wall.
JANE CLEGGETT . I am the prosecutor's. Wife. We have three children—my husband and myself had been collecting fourpenny-pieces for the purpose of making them a present—I counted them the night before the house was broken open, and there was thirteen—I observed that one of them had the appearance of a bad one when I shaded it with my hand, and I took notice of it—I have seen some fourpenny pieces at Queen-square—I do not know how many, but I identified the one is question—it was one of the fourpenny pieces which had been in the house before I went to bed that Friday evening—I have no doubt of it—the fourpenny-piece were laid before me on the table before the Magistrate, and I picked out the one I knew—I also saw a blue cotton handkerchief before the Magistrate, and believe it to be my husband's.
Cross-examined Q. What was there remarkable about the fourpenny-pieces? A. One of the on has the appearance of a bad one when shaded by the hand—this is it (looking at it)—I shaded all the others, and it appeared different to them—I did not see Davis leave our house that day.
JOHN BARTON . I am a policeman. I was on duty on the night in question round the prosecutor's house—Coller was there too—I saw both the prisoners come up in the direction of the prosecutor's back premises about a quarter past twelve o'clock—they came up St. Herman's-hill towards the back of the prosecutor's premises, about two hundred yards from it—I did not see them any more then—about ten minutes after four o'clock in the morning. I was coming past the same place, and found nine packages of penny-pieces in five-shilling parcels in a privy, in St. Herman's-hill, tied up in a blue pocket handkerchief—Coller was with me—the prisoners had come past that place at ten minutes after twelve o'clock—I look them into custody in the Almonry, about half-past four o'clock as I suspected them—I had heard nothing from Coller—he was gone to see if any robbery had been committed—I took the prisoner to the station-house—I found nothing on Lucas—in Davis left-hand waistcoat pocket I found thirteen fourpenny-pieces, and amongst them was the one which Mrs. Cleggett identified just now—I also found half-crown, four shillings, three sixpences, and a halfpenny, on him.
Cross-examined by MR. PHILLIPS. Q. Did the privy adjoin an open road where any body might pass? A. Yes—I found no housebreaking instruments.
Cross-examined by MR. DOANE. Q. Are you quite sure that at a little after twelve o'clock you saw Lucas? A. Yes, I am positive—I do not know the Rising Sun, at Knightsbridge—it would take full half-an-hour to walk from Knightsbridge to the prosecutors.
MR. CLARKSON. Q. Did you know Lucas before? A. I have known him these ten years well—I have the habit of seeing him several times a day for four years.
RICHARD COLLER . I am policeman. I know both the prisoners perfectly well. On Friday night, I saw them both in company together, at about a quarter after twelve o'clock, nearly two hundred yards from the prosecutor's back premises, going towards them, and about fifty yards from the privy—about ten minutes before four o'clock in the morning I saw them again, coming in a direction from the prosecutor's back premises, and they were rather better than one hundred yards from the privy—I had not seen them nearer the privy, except at a quarter to twelve o'clock—Barton and I were afterwards going by the privy—the door was open, and Barton saw the handkerchief—we went in, and brought it to the station-house—I went about to see if I could find any robbery had been committed—I went into a house, No. 13, Castle-court, where I found some carpenter's tool—any body could get into the prosecutor's back yard from there, by getting over the wall—and there was a ladder in the prosecutor's back yard, but not in the other yard—a person must have climbed over one side of the wall, and descended by the ladder—I do not know who the carpenter's tools belong to.
COURT. Q. Was there a centre-bit among the tools? A. No; a stock, but no bit—there are people living in No. 13—Lucas's dress was all over the appearance of whitewash, and there was a fresh place on the wall, as if somebody had slipped down it—the wall was whitewashed, and some of a was rubbed off.
Cross-examined by MR. PHILLIPS. Q. Then the person could not have got down by the ladder? A. I do not know—they passed me and Barton at a quarter past twelve o'clock in the public highway—we were neath two hundred yards from the prosecutor's house at that time—it was in the public road, I saw them at ten minutes before four o'clock, and about two hundred yards from the prosecutor's—that was the nearest distance I saw them from the prosecutor's house.
MR. CLARKSON. Q. Was the wall whitened on both sides? A. I do not know—the scraping was on the prosecutor's side—two hundred yard was the distance at which I was from the prosecutor's house.
MR. PHILLIPS. Q. About how far was the nearest distance you saw them from the prosecutor's? A. I cannot positively swear—I should think nearly two hundred yards.
COURT. Q. They were coming in a direction from the house? A. Yes; they had passed the privy, and were further from the house this the privy—that is about one hundred yards from the prosecutor's, and they had passed that one hundred yards.
Davis's Defence. I left Westminster at nine o'clock the previous evening, and went to the plough, in Oxford-street, a night-house for hackney coachmen, which is open all night—I remained there all night, and left at half-past four o'clock in the morning. As I was coming down Tothill-street I met Lucas at five o'clock in the morning, and asked if he would have any thing to drink. We had a quartern of gin together; and as I proceeded home down the Almonry, I was taken into custody. I get my living by selling knives, pencil-cases, &c., and I took the fourpenny-pieces and the other money in trade.
Lucas's Defence. About seven o'clock, I went to the Rising Sun, at Knightsbridge, and stopped there until half-past twelve o'clock. I then returned home and went to bed; about half-past four o'clock, I was very thirsty, and got up to have something to drink. I went as far as Tothill-street,
and met Davis I was coming home, and about three doors from where I live, I was apprehended.
DAVIS— GUILTY . Aged 21.
LUCAS— GUILTY . Aged 25
Before Lord Chief Justice Denman.
2020. THOMAS GEORGE was indicted for a robbery on Joseph Mason, on the 20th of September, at Hillingdon; and talking from his person and against his will, 2 half-crown, 1 sixpence, and 7 halfpence, his monies.
JOSEPH MASON . On Tuesday last, I was at a beer-shop in the parish of Hillingdon, kept by Turner—I had been there ever since breakfast-time—I had just taken my money from the rail-road, and went there to breakfast—there were several persons there—the prisoner was one of them—I had seen him before—I am sure he was one of the men at the beer-shop—I went into the yard round the back part, and laid down on a truss of straw to go to sleep, having been up all night—before I went to sleep, the prisoner came and laid down by the side of me, and began to feel my pockets about—it was about one o'clock in the day—I am positive he is the man who was near me—nobody else was within sight at that time—he asked me to get up and come in-doors—I told him I could as soon I had had a little sleep—he had not been working with me, but I knew him, having worked with him the year before—I did not go into the house with him—he went in-doors, and a few minutes afterwards he returned and laid himself upon me—he caught hold of me and pulled me over on my other side; he pulled my hand out of my left-hand pocket, and put his own hand in, and put his elbow on my neck, and squeezed it, and very nearly choked me—he pulled two half-crowns, sixpence, and seven halfpence out of my pocket—as soon as he got from me, I got up and said, "Very well, Thomas George!" he said "What now? "—I said, "You know what, you have been and taken 5s.9 1/2d., out of my pocket"—he then began to call a crowd round me, and they threatened to beat me and punch my head—he asked one of the crowed if he saw him take any money from me—that man had not been present—nobody was in sight at the time—the man said, "No"—as soon as the crowd came round me, I made my escape to get a warrant—I complained to the constable, and the prisoner was taken up next day, about twelve o'clock.
Prisoner. Q. Did not you lay it to John Sailor, before you laid it to me? A. No; I did not lay it to any other person.
Q. Did not John Warren come and put his foot on you, and awake you? and did you not lay it to Sailor and then to Warren? A. It is not true—I laid it to you, because nobody else was there—you did not turn out all your pockets, and show what money you had—I never saw one Anderson—I have not got my money again.
Prisoner's Defence. He accused me of it—I never touched him at all—I did not take his money at all. I had a watch in my pocket, and money also—I had just laid out some of it. I work hard all the summer; look at my hands, I am not like a man who would pick pockets. I am as innocent as any living man. When he was lying down, two brewer came and rolled about several tubs of beer, and moved him; and he lays that to me.
a little straw on me, and said, "We will cover you up, old chap," but they never touched me with their hands.
GUILTY.*— DEATH .
LONDON AND MIDDLESEX LARCENIES.
OLD COURT.—Monday, 19th September.
First Jury, before Mr. Recorder.
GUILTY .— Transported for Seven Years.
WILLIAM HARRIS . I am shopman to James Williams. On the 12th of September, between eight and nine o'clock in the morning, the prisoner came and wished to be fitted with a pair of side-laced boots—I fitted her with a pair at 6s. 6d.—she told me she would give me a half-sovereign to pay for them—after I fitted them on, she told me she had another use for the half-sovereign, and if I would go with her to Mrs. Dinsdale, who had four sovereigns of hers in her hands, she would draw the money—I went there—the landlady said she had nothing of the kind—while I was talking in her, the prisoner got off—I lost sight of her—I came back to the shop—I told my master, and then saw the prisoner going down Fleet-street I went to her and said "Come, pay me for the boots"—she called me ill names that I cannot make use of, for being such a fool as to put a pair of boots on her feet and let her walk off—I called the policeman, and gave her in charge—she had an old pair of shoes on when she came for the boots, which she told me to throw into the street, but I had them laid aside, and gave them to the policeman—I did not intend to part with the property without the money.
Prisoner. I was very tipsy—I live in Crown-court, next door to the shop, but don't recollect going in, nor had I any intention of stealing them—I very frequently leave money at Mrs. Dinsdale's—the shoes that I had dealt at the shop before. WITNESS. I recollect her coming in two or three months ago with another female—I don't consider she was intoxicated—she had got about one hundred yards from our shop when I spoke to her.
Prisoner. When I went to Mrs. Dinsdale's I said had I left any money there—she said I had not—I had been over Brickfriars'-bridge, and where I left my money I cannot say.
GUILTY . Aged 24.— Confined Three Months.
WILLIAM ROSE BARRYMORE. I live in Golden-land, and am a pawnbroker. This sewing silk was pledged on the 1st and 2nd of September by a woman in the name of Holmes—I gave information to the officer that I was in possession of it.
JOHN ROE . I am an officer. I went to Golden-lane—Holmes told me where the prisoner lived—I went there and found some duplicates—one relates to braces and brown holland, the other to three skins and three pair of braces—I found the tickets of the silk at Holmes's house.
Prisoner. Q. On the Saturday night what answer did I make to you? A. You said you knew nothing about it, and you gave yourself up.
MARY HOLMES . I am a widow, and live in Great Hertford-street. I know the prisoner's wife—she told me to take these duplicates home, for fear her husband should see them—she said she had done it unknown to her husband—I did not receive the silk from the prisoner.
MR. HICKLING. The prisoner's wife was forbidden to come to our premises.
JURY. Q. Did the prisoner have your work home to make? A. No; he was clerk—he keeps the books between the work-people and the foreman—he had access to the silk, but had not to work upon it—I cannot identify the silk.
2025. TELEMACHUS WILLARD was again indicted for stealing, on the 3rd of August, 3 pairs of braces, value 3s. 6d.; and 1 yard of holland, value 1s. 6d.; the goods of Benjamin Wigg Hickling, his master.
MARY HOLMES . I pledged three pair of braces at Mr. Barrymore's in Golden-lane—I received the braces of the prisoner's wife when I was there at work—I forget the name she told me to pledge them in—the prisoner was not at home—I never saw him—I gave her the duplicate of the braces and the others, and she told me to keep them at home.
JOHN ROE . The house was pointed out to me by Holmes—I found the prisoner's wife in the second floor front room—I have seen the prisoner in that room—there is a bed in it—I found these two duplicates, one on the 3rd of August, for "3 pair of braces, 2s., Mary Wayling"—that was in a drawer—I should suppose the things would be under the observation of a man living there—they were merely in a drawer loose, not wrapped up—I found the prisoner there—when I apprehended him, I told him I had found two duplicates—he said he knew nothing about them—his wife said she knew nothing about them—the prisoner's things were not in the drawer.
completed, they have no fronts attached to them—they never were finished braces.
JURY. Q. Have you any mark on them? A. They are cut out by our stamp—I swear they are Mr. Hickling's—this is the stamp that cuts them out—these would be called braces in the trade.
Prisoner Q. In sending up the work from the brace-room, has it not frequently gone down as short? A. Yes—I have grosses of work go out and they have not been returned, and deducted it when marking it in the book on pay-days, because they have the webbing given out to them.
Prisoner. On the Saturday night the officer came to Mr. Hickling's, and asked me about the silk and the braces—I said I knew nothing of it, if there was any suspicion attached to me, to deal with me as the law required—I returned home, and asked my wife what it was about—she said she purchased the silk from a third man; and as to the braces, she lives in Golden-lane, where a number of people live that make braces—one day some woman came to her with braces, and pleading distress, she gave her some money for them—I never saw the duplicate—I never went to one of the drawers—the work received into our brace-shop was checked off every night and put away, so there was no opportunity on my part of taking them, unless I took them by wholesale.
SARAH CROSSMAN . I live in Golden-lane—I do not know the prisoner—his wife asked me to take the skins to Mr. Barrymore and pledge them for 3s.—I did so—I believe there were three—I got 3s., and gave it to her with the duplicate—I believe there were braces among them—I received them from the prisoner's wife in her room—she sent a little girl to me—they were in the room when she delivered them to me—it was in the middle of the day, on Saturday, I believe, in August—she told me to pawn them in my own name, as she should not let husband know, and she would say a woman left them there.
W. E. ALLISON. These are Mr. Hickling's property.
JURY. Q. The braces you have made out of the house? A. Yes; but we never give skins out in large quantities like this—we have an immense quantity of skins—we could not miss this.
GUILTY. Aged 30.—Recommended to mercy by the Prosecutor.
Confined One Year.
AUBONE ALTHAM SURTEES . I am a clerk in the Navy Pay Office, and live in Earl-street, Blackfriars. On the 25th of August I was passing through Fisher's-court towards the Temple, at a quarter before eleven o'clock—I heard some one pressing on me—I turned round, and two people passed me—I put my hand to my pocket, and found my handkerchief was gone—I went in front of these two people, the prisoner was one—I saw my handkerchief in his left breast—I was going to take hold of him—he turned, and ran down the passage to the gas-works, where he was taken—he said to the people around him, "What does that gentleman want? I have got nothing of his"—I felt him, and the handkerchief was not about him—it was brought by another person to me—this is it.
THOMAS WEETCH . I live at Three-crown-court, Bream's-buildings, Chancery-lane. On the 25th of August I was in a court leading from Dorset-street to Water-lane—I saw the prosecutor put his hand to his pocket—he turned and said, he was robbed, and tried to catch hold of the person who he thought robbed him—he missed his hold, and the prisoner ran away—I followed with others, I believe—I picked up a handkerchief in the court, in the direction in which the prisoner ran from the prosecutor—I cannot say who dropped it.
(Property produced and sworn to.)
Prisoner's Defence.—There was no one saw me take it or drop it—I never had it.
GUILTY . Aged 24.— Transported for Seven Years.
2028. THOMAS JACKSON, alias Branson , was indicted for stealing, on the 24th of August, 6 reams of paper, value 4l. 10s. the goods of John Hunt and another—2nd COUNT, stating them to be the goods of Richard Parker and another.
WILLIAM COLLYER (City police-constable No. 89) On the 24th of August, I saw the prisoner with a parcel in Queen-street, Cheapside, just at the top—there was a person left him—he made some sign to the prisoner, as I conceived, to put it into the door-way—the prisoner slipped a bundle of paper off his back into a door-way—the one who made the sign ran away—he could see me—the prisoner stood before the paper, where he shot it down and held his coat before it—I staid there—the prisoner took it up, and went off down the Old Jewry with it—he put it on a post, and asked a woman the way to Fleet-street—I went up, and asked where he was going—he said, to Mr. Jackson, of Fleet-street—I asked if he had any bill of parcels—he said he had been with his master but a month, and he generally put the bill in the parcel—he then said I might take it to the watch-house—I said no, he should take it himself—he then threw it at me, and it struck me on the knee—he got off, but was stopped a few yards off.
Cross-examined by MR. PHILLIPS. Q. Had the other man that ran away any thing? A. No—there was a dog with him—I did not go back to the door-way to search if there was any more—I saw no more but these three reams—I am sure the prisoner did not say his name was Jackson—I said before the Magistrate that the other man made a signal to him.
lost one going from Old Change to the wharf—there were six reams in the bundle—I missed it at the bottom of Queen-street, at ten minutes or a quarter past eight o'clock in the evening—I had been carrying the paper to Mr. Hunt's, in Sea-coal-lane—they refused to take it—I took it back to the wharf.
Cross-examined. Q. It may have fallen off your cart? A. No; the tail-ladder was fastened up—I was attending to my cart all the way, and my horses—the tail-ladder was let down—I should not think it fell down—I saw no man near my waggon—there were two bundles, this is one of them—the other had three more reams in it—I do think it could fall. it was so far in the wagon, and covered with a cloth—it was about a foot from the tail.
JOHN HUNT . I am assistant to John and Thomas Hunt, of Sea-coal-lane, wholesale stationers. This paper is similar to what we sent to a customer—it was delivered at Hambro' Wharf, and, by some delay, the customer would not receive it, and it came back on the 24th of August, between four and five o'clock—my father would not receive it—the man took it back in the wagon that brought it—I know the paper from the progressive numbers, and I remember the stain on the corner of it—this is three reams.
Cross-examined. Q. Did you examined all the paper in that wagon? A. No; I examined this at the Police-office, not at my own house—I did not enter these numbers in my books, but we compared it with what we have in our house—each ream is marked singly—the marks are such as to enable me to swear positively to the paper.
Prisoner. I was coming from my sister's—a man had a parcel, and asked me to carry it to Fleet-street—he tole me to follow him—he took me down this turning, and when he saw me in custody he ran away.
(George Fox, a silk-weaver, of Carlisle-street; Thomas Hadey, a silk-weaver, of Carlisle-street; and James Godfrey, silk-weaver, of Hope Town; gave the prisoner a good character.)
GUILTY . Aged 22.— Transported for Seven Years.
OLD COURT.—Tuesday, September 20.
Second Jury, before Mr. Recorder.
ALFRED SAUNDERS . I am in partnership with William Thomas Beeby, we are bristle-merchants, and live in Lombard-street—we have a ware-house in Lower Thanes-street. The prisoner was our porter and warehouseman for about eighteen months, and was authorized to sell and receive money on account of the firm. I had a customer named Edward Morgan—the prisoner has not accounted to me for two sums of 30s., each, as received from him.
Cross-examined by MR. PHILLIPS. Q. Have you any clerks? A. Yes; one—he is not here—my partner and my clerk, when I was absent, occasionally received money—if I was out of the way the money would be paid to them.
COURT. Q. In what mode did the prisoner account to you or your
partner? A. Generally in writing—I have brought one book here—at that particular time I was in town, and the whole business was under my management—this was in August—my clerk was in my presence, and immediately handed money over to me—he did not receive money in my absence, to my knowledge.
MR. PHILLIPS. Q. Was not your partner at home in August? A. Yes; the prisoner sometimes accounted by word of mouth.
EDWARD MORGAN . I have been in the habit of purchasing bristles at the prosecutor's warehouse in Thames-street, for about six months. On a Friday in August I purchased 47lbs. of bristles of the prisoner, at 1s. 6d. per pound—they were delivered at my house next day, by Howard—I called at the prosecutor's counting-house, and paid the prisoner 30s. on account, and promised to pay the rest on the Monday, but being late home, I did not call; and on the Wednesday the prisoner called and I paid him 30s. more, leaving a balance of 10s. 6d. still owing.
Cross-examined. Q. This is a very cheap shop, is it not? A. Yes; the cheapest in London—I can purchase from 4d. to 13d. a pound cheaper than at any other house in London—I paid the 30s. openly in the ware-house—any body might have seen it.
COURT. Q. Was there any body there? A. I do not recollect—but I believe Mr. Saunders was going to Van Diemen's Land, and his property was selling off.
MR. SAUNDERS. I was going to New South Walce—we had not dissolved partnership.
JURY to MR. SAUNDERS. Q. Do you keep a day-book in which entries are made of goods sold? A. Yes; this is it—there is no entry of these bristles—the clerk kept the book and made the entries—he is not here.
MR. PHILLIPS. Q. How can you tell but the prisoner might have told him to put it down and he forget it? A. Because I was always present at the time the prisoner did the account.
COURT. Q. Did your clerk make any entries in your absence? A. Not at that particular time—the porter who delivered the bristles was occasionally in our employ under the direction of the prisoner—he never told me that he had delivered them—these bristles were worth 4s. a pound—I had a character with the prisoner when he came.
JURY. Q. Did the prisoner ever make any entries? A. No; he was not allowed to make entries—there is no other book in which he could account for the money—I do not know of a single instance of money being handed to me, or entered in the book, for goods sold when I was not present—I was not present the whole month—I received all the money paid during August—I do not allow any one else to receive it during my absence—the goods were sold very much under my price—I should not have authorized him to sell at the price he did—they are worth 4s. a pound, and he sold them for 1s. 6d.
COURT. Q. Do you mean he ever sold bristles worth 4s. a pound at 1s. 6d.? A. No; this is a lot selected out from better—they were broken bristles that I bought—they are not worth 4s. a pound—they were
mixed—these are the best of them—I would not give more for them—I had no receipt for these two sums—I never took a receipt—when Mr. Saunders sold to me, the prisoner received the money—I have a little of the inferior that was left—it is what is termed "a lot of seconds"—it is sold at 20d. and 22d. a pound—I would not give 16d. for these alone—I have bought at the prosecutor's at 13d. a pound less than I could at other house.
GUILTY .— Transported for Seven Years.
CHARLES BAMFIELD . About half past one o'clock, on the 27th of August, I was in my shop in angel-court, Throgmorton-street, and saw the prisoner take a handkerchief out of the prosecutor's pocket and give it to a stout lad, about eighteen years old, who ran away.
Prisoner. I was not near the gentleman. Witness. I am satisfied he was—I caught hold of him directly, and am quite sure I saw him take it.
GUILTY .* Aged 10.— Transported for Seven Years.
WILLIAM BLOXAM . I live in George-street, Hanover-square. On the 19th of August, about half-past eight o'clock in the evening, I was at Holborn-bridge—I perceived somebody draw my handkerchief from my coat pocket—I turned round and seized the prisoner, who said, "I have not got it, sir"—I had not spoken to him—I found my handkerchief in his right hand trowsers pocket—he then said he did not take it.
Prisoners's Defence. I picked it up at the corner of Swan-yard.
(The indictment also charged the prisoner with having been previously convicted of felony.)
GUILTY .— Transported for Fourteen Years.
CHARLES SHIRLEY . I live in Friday-street. On the evening of the 26th of August I was crossing from Cheapside to St. Paul's—in consequence of a lady speaking to me, I felt, and missed my handkerchief—the lady pointed out the prisoner—I saw him running—I pursued, and gave
an alarm—my handkerchief was produced by the witness, and I gave it to the officer.
(Property produced and sworn to.)
GUILTY .*. Aged 17.— Transported for Seven Years.
JOHN COLLINS . I am in the employ of Mr. Joseph Clow, of Ludgate-hill. On the 22nd of August, in the evening, the prisoner came into the shop, with another man, and asked to see some silk handkerchiefs—I showed him some, and turned my head away for a moment—I saw the prisoner put something into his hat, and put his hat on—he purchased one handkerchief, the other man paid for it—when they went out, I brought the prisoner back, and said I wished to see what was in his hat—he would not allow me, and I sent for an officer—he took his hat off himself, and a piece of five handkerchiefs was in it—he threw them behind the counter—the shopman took them up—I had shown that piece to them—this is it—it has my master's shop ticket on it.
JOSEPH CLOW . I live in Ludgate-street. I saw the prisoner and the other man in the shop—Collins brought the other man back, and asked him to take off his hat—I asked him also—he said, "I about"—I said, "Very well, an officer will be here in a moment"—he then managed to take his hat off, and threw something behind the counter—the shopman took it up and produced it—it is my property.
JOHN FARMER . I am a patrol of Farringdon-Within. On the evening of the 22nd of August I had the prisoner in charge on the last case—I searched him, and he took out from between his waistcoat and shirt two silk handkerchiefs, which I produce—I asked him where he got them from—he said he had bought them—in searching further I found another handkerchief stuffed down the knee of his trowsers—he had another handkerchief in his hand, with a waistcoat and two pieces of cloth in it; and also a paper parcel, with a silk handkerchief and two pair of stockings, which he said he bought at a shop lower down—I saw the name of Harvey on the paper, and went there.
CHARLES MILLER . I am in the employ of John Harvey and Son. I recollect the prisoner coming to the shop on the 22nd of August—I showed him some silk handkerchiefs—he was in company with another man—he bought one handkerchief and a pair of stockings, and then went away—they did not but these handkerchiefs—they have our mark on them, and are the same I showed them.
Cross-examined. Q. Has Mr. Harvey any other Christian name? A. No—the things the prisoner bought are in the paper.
Prisoner's Defence. I bought the articles at the west end of the town.
GUILTY . Aged 22.— Transported for Seven Years.
HENRY DAVIS . I am an engine-turner, and in Barnes-row, Coldbath-fields. On the 24th of August I was in Long Acre, with a lady, and thought I felt my coat-flap lifted up—I turned round immediately, and seized the prisoner—I saw him drop my handkerchief from his hand, I immediately took it up—I seized him, and took him to the station-house, and gave him into custody.
(Property produced and sworn to.)
Prisoner. I was going on an errand for my master, to see if a pair of shoes fitted—it was a big boy picked the gentleman's pocket, and threw it down—the gentleman turned round and laid hold of me. Witness. I saw his hands behind him, and saw it fall from him—I did not see any big boy there—nobody was near enough to take it but him, that I observed—he was within a yard of me at the time—I did not see it is his hand—I must have been if a big boy had thrown it down—I turned round instantly I felt it taken.
GUILTY . Aged 15.*— Transported for Seven Years.
CHARLOTTE SKEEL . I am the prosecutor's daughter. On the 27th of August I was in the kitchen, and saw the prisoner in the street—he stooped down and took something from the corner of the kitchen, which was open—I looked up—he put something into his pockets out of both hands, then turned away, and walked up the street—he returned in about a quarter of an hour, and walked by the door—he then stooped and took another pair of shoes, which my father saw—a woman came and gave my father notice—he was secured, and two pairs of shoes found in his possession—he gave up one pair—the policeman asked where the other pair was—he said, in his pocket, and gave them to him.
JOHN DAVID ANDREW SKEEL . I am a shoemaker. The last witness is my daughter—I gave the prisoner into custody, and gave me one pair of shoes—when asked for the other pair, he said he would not give them to me—he gave them to the policeman—he had this pair in his pocket, and I saw him take the second pair from the corner.
GUILTY . Aged 69.— Confined Six Months.
JOSEPH PARKER . I live in Counter-street, Southwark. On the 26th of August I was corssing London Bridge, and missed my handkerchief—I turned short round, and saw it in the breast of the prisoner's coat—I seized him and took it out, and gave him in charge—I had felt a pressure at my pocket immediately before.
(Property produced and sworn to.)
Prisoner's Defence. I saw the handkerchief on the ground, and took it up and put it in my boson—a gentleman said, "You have got my handkerchief"—I said, "If it is yours you may have it and welcome."
MR. GRATTAN. He said he took it off the pavement—it was a very wet and dirty day, but the handkerchief was not wet at all.
GUILTY .* Aged 18.— Transported for Seven Years.
NEW COURT.—Tuesday, September 26th, 1836.
Fifth Jury, before Mr. Common Sergeant.
EDWARD INGS . I live in Warwick-court, Gray's-inn. At about 8 o'clock, on the 31st of August, I was in Newgate-street—I felt my coat move from my back—I turned round, and saw the prisoner with part of my handkerchief in his hand—he had not completed taking it—I am positive it was mine—it fell on the ground—he threw it down—I picked it up—this is in it—I gave it to the officer, and gave the prisoner in charge—he could not go away, as I instantly collared him.
Prisoner. The gentleman turned, and asked me if I had his handkerchief—he never saw me with it in my hand—I was three yards past him when he attempted to take me. Witness. He was not one foot from me—I swear I saw it in his hand—there was nobody between him and me.
(The indictment also stated that the prisoner had been before convicted of felony.)
GUILTY . Aged 19.— Transported for Fourteen Years.
JOHN HUNT . I have a warehouse in Sea-coal-lane. I missed some lead from the top of it, on the 8th of September—I had not been on the roof for five or six months—it appeared quite fresh cut—I have since seen some lead in the officer's hands that fitted it—I believe it belongs to the warehouse, which I and my brother Thomas hold.
Cross-examined by MR. CLARKSON. Q. Did you miss it till you attention was called to it by the officer? A. I missed it in consequence of information from Mrs. Flack—the prisoner lives next door, he has lived there two or three years—no one resides at our house, it is a warehouse—I am not aware that the roof of the prisoner's house was out of repair.
to Mr. Hunt's house. On the 7th of September, about eight o'clock in the evening, I saw the prisoner go on the roof of his own house, and I saw him there rolling, as though he were rolling lead; but I could not see what, for the parapet-wall—I saw him again at half-past ten o'clock go on the house, and remain there till a quarter before twelve o'clock—I watched him—he was on his own house—he went across his own roof to Mr. Hunt's—he was out of my sight till a quarter to twelve o'clock then be came across and put something down into his top room; at least, he gave it his daughter.
Cross-examined. Q. Where were you? A. At my two-pair passage-window, I could see the roof of the prisoner's house, and one corner of Mr. Hunt's—I did not see him off the roof of his own house—he went to one part where I could not see him—he brought things across to the roof of his own house—I had no light—he had a light in his room—it was light enough by the gas-light in George-yard to see him—I have had no quarrel with him—I have not spoken to him for nearly two years, but he had a quarrel with me—he always was quarrelling with every body—I have had no raw with him for the last two years—he is so quarrelsome, that makes me never speak to him—I watched him because I saw him on the roof—I am a widow—I let my house to ledgers and take in washing, and am pew-opener at St. Sepulchre's church—no one lives in the prisoner's house but himself, his wife, and daughter—my daughter was in my house, and two or three young men lodgers, who was in bed—my daughter was with me part of the time—she is not here—I did not speak to her—I was about twenty yards from him—I saw him rolling up something about eight o'clock—I told Mr. Hunt the next day—I asked him if there was any communication from the roof of his house—he said there was a trap-door that Churchil made.
FREDERICK MURRAY . I am patrol of St. Sepulchre's. On the 8th of September I was desired by my inspector to watch the prisoner's house and about eight o'clock I saw the prisoner come out with something in his apron—I told him I must know what he had there—he said, "I have a little lead, but I will take it back"—I said I could not allow that, he must go to the watch-house—I found two pieces of lead in his apron.
Cross-examined. Q. When was that? A. On Thursday evening.
Cross-examined. Q. Did you go on the roof of the prisoner's house? A. No—there was some lead stripped from the prisoner's—the two buildings join—the lead taken from Hunt's was not next to the prisoner's, at was on the other side—I don't know what quantity of lead was taken away, but it is more than we have got—58lbs. is what we have—I could get to Churchill's roof from Hunt's by getting over the party-wall—I don't think there was any other way—the wall is about thirty-eight or forty inches high—a person would be more seen in getting over the party-wall than on the roof of the prisoner's house, because his roof is lower.
MRS. FLACK re-examined. I don't know the party-wall—I never was on the roof—I could not se the wall, because the corner house of the yard prevents me—his house is full in front of George-yard.
GEORGE THOMAS HANNINGTON . I am an officer. I went on the roof, and saw the roof of the prisoner's house—there is about 40lbs. of lead taken from there, but this lead did not match with that—I found a piece secreted under the flooring of his third-floor room, which matches with Mr. Hunt's.
Cross-examined. Q. Did you find any that corresponded with the roof of his own house? A. No—I knew him before—he has lived there three years, but he occupied a house facing before this—no one was lodging is the house but himself—neither of the roofs were out of repair.
Prisoner's Defence. No one ever saw me cut a bit of lead—I heard a noise on the top of the house about seven o'clock—I got a ladder, and got up and opened the trap-door in the ceiling—I tried to open the other trap-door to get on the roof—I could not—I was obliged to go and get a piece of wood to strike it up—I could see the lead had been removed, and one strip cut off—I examined round and got a block to knock the lead down—I went round and saw they had been over the roof to Mr. Hunt's and seven slates were moved—I went to my shop and got some slates, and put them on—I waited some time, and on the top of the parapet-wall I saw three or four pieces of lead rolled up—I took it down to my shop—I went out to fix a few shelves for a person in the Fleet, and came home about eight o'clock—the next evening I went up, and stopped to hear if any one came—I smoked a pipe and put the candle in a little back-room—I sat there till near twelve o'clock—I was reading a little book, and my wife came to know if I was asleep.
Cross-examined. Q. Are you aware that he attempted to destroy himself? A. Yes, I heard he attempted to hand himself about a year and a half ago—I don't know the reason—I have not heard that he was week in his mind.
JURY to MR. HUNT. Q. Have you a trap-door to get out? A. Yes the prisoner made it for me—we get into the house by two locks on the door—I never found any marks of violence on those locks.
NOT GUILTY .
WILLIAM COX . I live in St. Paul's church yard, About half-past ten o'clock that night I saw the prisoner take a handkerchief from the prosecutor's pocket—I instantly collared him—I went to take it from him, but it dropped down—I secured him till I gave him in charge—it was an inside pocket—he look the coat-flap up, and took it out.
Prisoner. I did not know what he took me for.
GUILTY .* Aged 20— Transported for Fourteen Years.
ROBERT GLASS . I reside at Greenock, in Scotland, and am a merchant. On the 10th of August, about twelve o'clock, I went to St. James's Park to see the palace—the prisoner Cummings came up to me, and told me he was a merchant from Newcastle—he asked if I was a stranger—I told him I was, and that I came there to see the Palace—he said he had got all his business done—that the merchants here did their business soon, and he was waiting for a vessel coming into the pool, and he expected to make a handsome sum of it, as he had the first offer—we walked about for an hour, or an hour and a half, and then he asked me to go and take a drink of porter, (it is not possible I can be mistaken in the person, because these two men were with me in the house and there was no other person with me,) I have no doubt of them—I had drank nothing then—I went with Cummings to a
public-house near the Park—he called for a bottle of porter—we were only a short time there, when Baseke came in—he seated himself right opposite on the other side or the same table—he began telling a story about his family—that his father was dead, and his elder brother had taken possession of the property, and left him and his sister destitute—he said he was at service at 12s. a week, and he gave part to give his sister schooling, and the people of the village, in Lancashire, told him that his brother was born before his father was married, and he had got the property that day or the day before—he had got 100l. of it of the lawyer—he proposed to give each of us 5l. or 10l. to give to the poor, or do what we liked with—I said I had a little money with me; but Cummings said he had 200l., or about that, at his lodgings—I did not say what I had—then this laird, (the man that had the money,) went to another house—we came through the Park again, and came to another house, and dressed a beef-steak—this laird paid for that—we drank a bottle of port wine—the laird paid for it—then each of us put our money out—we had been home before we had the beef-streak—I lodge in the Minories—we got one of the little cabs, and Cummings went to the Belle Sauvage to take his money out—I went to the Minories, when I got home, I took my pocket-book, which contained forty-one sovereigns and a half-sovereign, and one Scotch note for 1l—I was taken in by that fellow—he told me he drove one of the best gigs in Newcastle, and had 2000l. a year—I met Cummings at the Belle Sauvage, and Baseke was at the door—we had shifted a house or two, because they wanted to go into some low house, and I would not go but into a respectable house—it was about four o'clock when we took the beef and port, and then Cummings showed some notes that he had—they were rolled up in a piece of paper, and what money I had was put on the table, and rolled up in a piece of paper and the note—Baseke had 100l. in notes, which he had shown us long before that, I believe—I did not examine them—then I put mine into my pocket, rolled up, and Cummings was to put a second piece or paper round it; and he made me pull out my watch—he put it down under my watch—the laird (Baseke) then went away to buy some cigars, and then Cummings left me before I could look round—I was satisfied I had my money; and when I was going to bed I found I had got two shillings' worth of halfpence instead of it—I gave information to the policeman next morning, and after that they were taken—I was at a loss to know them at first, but the waiter having so completely described them, I was certain these are the persons.
Cross-examined by MR. BODKIN. Q. Are you really a Scotchman? A. I believe I am, although I am unfortunately in London just now—I am sure they are the persons—I did not see them again till they were in custody—I had some doubt at first; but after looking some time, I became clear that they were the people—I believe I said before the Magistrate they were like the men, but I would not undertake to swear they were—I do not think I said "I don't believe them to be the men"—I will not swear it—If it is down, I must have said it—I do not think I said I would rather swear they were not the men—I said, when I saw them at the watch-house, that I did not think they were the men—I suppose what I said was written down and read over to me—this is my hand-writing—I suppose I must have listened to it—I fancy I was asked whether what I said was correctly written down—I suppose what was written down then was what I had sworn—I said the men were in a different dress—the Magistrate desired me to be very particular and I put on my spectacles, and
after that I had my doubts—I went to the policeman—I could not give any description of the two men—I was fetched by a policeman down to Greenwich, to be examined before the Magistrate—the policeman told me on the way that he was going to show me the men who had robbed me—he said, "The two men that are taken on suspicion"—I went down expecting to see the two men that are taken on suspicion"—I went first to the watch-house—let Baseke hold out his right hand, I will tell you by his fore-finger, it is crushed in some way—I never said any thing to any one about the finger—I think I saw something remarkable in one of them hands at the watch-house—I really cannot charge my memory—I did not ask to look at his hand—I took a note of it in my mind—no one had told me about this man's finger—I saw it myself the first day I was with him—I did not give that description to the policeman—he was better acquainted with the man than I was—I said I could give no description; but every thing does not occur to a person at one time—it would appear I said nothing of it before the Magistrate—I might not think of it.
Cross-examined by MR. JONES. Q. About what time did you leave the tavern in Palace-yard, where you dined? A. I suppose about five o'clock—I went straight home—I made some stops—I met a clergyman that I had heard preach a few days before—I walked with him in the street better than an hour, till his wife came out of an hospital; and I went into a coffee-house, and got my coffee—I am not able to tell where it was—I was forced to inquire my way—it was between the two bridges—it was on the other side of the water—I sat in the public room—there were no persons that I saw there, except the landlady—I drank nothing but coffee—I went to the Belle Sauvage, into the coffee-room—I did not mix with other made some inquiries—I took nothing to drink—I did not mix with other people—I then went straight home—the forty one sovereigns and the note was all I had about me, except a few shillings—I had been in London only two days—I had been here once before—I came on business.
COURT. Q. Are you able to say that you saw the fore-finger of Baseke was crushed the first day? A. Yes; when he met us in the first public-house—I am quite sure I remember it there—it struck me as particular—If I am able to charge my memory, I asked him what was the matter with his finger—they did not appear disguised—I thought I was in respectable company—Cummings has a very peculiar nose and appearance.
MR. JONES. Q. Was not the case under the consideration of the Magistrate for four or five hours at a time? A. I do not think it was—I was not there all the time—I said at the end of it I had my doubts about them.
COURT. Q. Supposing you said you did not believe they were the men, What is your honest belief at the present moment? A. In consequence of the waiter's evidence, no person in the world robbed me but these two men—they are the men—I have a different look over them from what I had.
CHARLES SHAW . I am waiter at Fendall's Hotel, Palace-yard. I remember Mr. Glass coming to our house about two or three o'clock in the afternoon—both the prisoners came with him—they had rump-steak and oyster-sauce, and a bottle of port wine—I think Cummings paid for it—I will not be certain—I am not certain which left the house first—I am certain these are the men—I have not the least doubt of their persons.
Cross-examined by MR. BODKIN. Q. Did they sit in the public coffee-room? A. Yes; we have generally a good deal of custom—I was principal
waiter there—I am obliged to attend to person's faces and business both, occasionally—I will undertake to say they were under my notice more than two minutes—perhaps four or five minutes—it was some days before I heard of the subject again, from an officer named Langley—these two men had been taken on suspicion—there was no one else in the room when they came—I do not think there had been any before them on that day—there were no dinners in that room afterwards—it is a thoroughfare through the coffee-room—I saw these men again at Greenwich the officer did not tell me he would show me the two men who were charged with committing the robbery—he told me nothing at all—he said he had come up from Greenwich to take me down with the prosecutor, to see if I could identify two men—I am not certain whether he told me two men were in custody—I went to see if I could identify two men who were charged with the offence—I expected to find the two men that the policeman had spoken of—they were in the Sessions room in custody—I cannot give a description of any other persons that were in the house that day or that week.
Cross-examined by MR. JONES. Q. Did you see Mr. Glass at Greenwich? A. Yes; I did not bear him say the men were dressed differently—I said there was some alteration in their dress—I never saw the prisoners, to my knowledge, before—I am not at Fendall's now—I am not certain as to the day I left—it might be the very day after my examination—I have been there since, repeatedly—I left in consequence of a previous notice—I saw Mr. Glass yesterday morning—I have not seen him before, nor the policeman—I have a situation over at Boulogne, if I choose to return to it—I am living at No. 4, Edmund-place, Aldersgate-street—I do not know that Mr. Glass had offered a reward of £20.
JOHN LANGLEY (police-sergeant A 11.) I was on duty in the Park on the 10th of August—I saw the prosecutor there with the two prisoner—I am quite positive as to the prisoners, but am not quite so sure of the prosecutor—there were three persons together—the prisoners were with an old man like him—in consequence of information, I went down to hunt for them, and found them at Lee races, in Kent—I took them into custody, and found twelve sovereigns on one, and a £5 note on the other—I am sure these are the persons I saw in the park with an old man, whom I believe to be the prosecutor.
Cross-examined by MR. BODKIN. Q. Had you known them before? A. No—I had seen them in the park that morning before—it was nine days before I saw them again—I swear they are the men—this note is not claimed by the prosecutor—I took Cummings into custody first—I was dressed in plain clothes—Baseke saw me take Cummings—he did not make the slightest effort to escape—he stood still—they both said they knew nothing about it—I am not the officer who went to fetch the prosecutor—he is not here—I was before the Magistrate when the prosecutor was examined—to the best of my belief, he said he could not swear to the prisoners—he put on his spectacles, by desire of the Magistrate, or Mr. Finch, the clerk, and after that he said he said he did not believe they were the men.
Cummings's Defence. I do not know any thing of it.
Baseke's Defence. I know nothing of it—we were strangers, and are two hundred miles from home.
BASEKE— GUILTY . Aged 29.
CUMMINGS— GUILTY . Aged 26.
Transported for Seven Years
THOMAS EYCOTT . I am a tailor. On the 7th of September I was in Smithfield, and felt some one taking, something from my pocket—I turned and saw the prisoner—I tried to take him—a person behind him and the officer caught him at the same time—I saw my handkerchief on the ground, close by his feet—this is it—I know it by the pattern.
BENJAMIN BEMAN . I live with my brother, who keeps a public-house in Westminster. I was in Smithfield—I turned and saw the prisoner trying to escape—I took him by the collar—he dropped a handkerchief, which I believe to be this.
(The indictment further stated that the prisoner had been before convicted of felony.)
GUILTY . Aged 17.— Transported for Fourteen Years.
2043. MARY ANN SELKIRK was indicted for stealing, on the 24th of August, 3 pairs of trowsers, value 3l. 10s.; 1 1/4 yard of woollen cloth value 26s.; and 3/4 yard of kerseymere, value 7s.; the goods of George James and another.
GEORGE JAMES . I am a breeches-maker, in partnership with Richard James of Clifford-street, Bond-street. On the evening of the 24th of August I was in my shop, and heard a footstep, and saw the prisoner leaving the shop—I watched her, to see which way she went, but being alone, I returned, and called the servant maid to mind the shop; and on looking to my left, where the clothes generally hung on a brass-rail. I observed the rail was bare, and missed the articles stated in the indictment—I overtook the prisoner, and passed her—I observed what she had got under her arm—I stopped them—some people came round—one went for the policeman, and we gave her in charge—these are the goods which we missed, and which were found on the pavement.
Cross-examined by MR. CLARKSON. Q. Are they in the same state? A. Yes—one pair of trowsers the Magistrate allowed me to send home to a gentleman—I was not five feet from the spot when I heard the footstep—I had no workmen in the shop—I have never said that some of my workmen were acquainted with her—she did not say a man and woman went on and dropped them—it was a woman's step I heard in the shop.
Cross-examined. Q. Did not she say that a man and woman dropped it? A. Not until she got to the station-house—there were several persons round.
(The indictment also charged that the prisoner had been before convicted of felony.)
GUILTY . Aged 21.— Transported for Fourteen Years.
SAMUEL CLARKE . I live at Maze Pond, Southwark. On the 9th of September, at three or four o'clock, I was in Holborn, and had a handkerchief—I received information, and found it was gone—this is it—it is marked with my initials.
GEORGE CHIDGZEY (police-constable C 74.) Between three and four o'clock on the 9th of September, I was in Holborn, and saw the two prisoners and another man behind the prosecutor—I saw them get close round him—I followed them chose, and looked over Bennett's shoulder, and saw him take this handkerchief from the prosecutor's pocket—he handed it back for Carroll to take, but I took it out of his hand, and took them both—they had walked about fifteen yards together—I did not see them speak to each other—they were walking close behind the gentleman, Bennett was close behind the prosecutor, and the other two were covering him—Carroll appeared to be ready to receive it—he had his hand by his side—the other made his escape.
Bennett. There was a man in front of me—he picked the gentleman's pocket, and flung the handkerchief on the ground—the officer took me and this one, and said we were with him—he saw the other man running down Creed-lane at the time.
Carroll. I had my hands in my pockets at the time I was taken—I could not be accessary to the fact at all—I never took my hand out of my pocket.
BENNETT— GUILTY . Aged 17.— Transported for Fourteen Years.
CARROLL— NOT GUILTY .
2045. ABRAHAM SAMUELS and MORRIS SAMUELS were indicted for stealing, on the 1st of September, 1 coat, value 1l.; 1 bag, value 4s. 6d.; 1 pair of trowsers, value 1l.; 1 waistcoat, value 12s.; 2 shirts, value 6s.; 3 handkerchiefs, value 6s.; I flannel waistcoat, value 1s.; 1 pair of stockings, value 4d.; 1 nightcap, value 2d.; 1 pair of braces, value 6d.; 1 pair of gloves, value 6d.; 1 apron, value 4d.; 2 brushes, value 1s. 6d.; 2 razors and case, value 3s.; 1 razor-strop and case, value 1s.; and 1 shaving-box, value 1s.; the goods of John Alderson.
JOHN ALDERSON . I live in Lamb-street, Spitalfields. I was going, on the 1st of September, to Ramsgate—I packed all these articles, except the coat, in my carpet-bag—I left them in the gateway leading to my employer's premises in Bishopsgate-street, while I went to the shop to fetch something—I heard an alarm given—I went down stairs, and missed the coat and bag—I then ran into the street, along Bishopsgate-street, and Widegate-alley, where I met one of my shopmates bringing back the bag—I went on, and met some more of my shopmates, who said they had lost sight of the man who had the coat—I did not see the men at all—the coat was brought back to the station-house.
(Property producted and sworn to.)
Cross-examined by MR. PHILLIPS. Q. How do you know that coat? A. I am certain it is mine—I have no mark on the bag, but I have the key belonging to the lock of it.
JOSEPH BLANCHARD . I live in Grange-walk, and am in the employ of Mr. Ashby, the builder. I was returning from breakfast, with my shop mates, and saw two men coming out of the gateway with a coat and bag—I knew my partner was going down to Ramsgate to work—I
stood a minute I saw the prisoners begin to run down Bishopsgate-street—I am sure they are the men—Abrabam Samuels had the bag in one hand, and the coat on the other arm—it appeared a coloured bag like this, nearly full—I ran after them—they both ran very fast—the one dropped the bag, and started down another street—I called to my partner to take the bag—I went after the foremost one—he went into a house, and dropped the coat at the foot of the staircase—as soon as they came out of the gate-way, Abraham Samuels gave the coat to his brother—it was Morris who dropped it—I did not go into the house—I stood outside, and asked a man at the door to deliver me that coat which the prisoner had dropped—he said he did not know of any body being there—he spoke very gruffly to me—a man brought it out and gave it to me—that was the house that Morris went into—it is in Snell's-place, I believe.
Cross-examined. Q. Did you know either of these men before? A. No—one of them had a fustian jecket on—the man that I asked to give me the coat had a fustian jacket on—I did not desire him to give me the coat that he took—I asked him to deliver up the coat that was brought there—I chased them a good distance, and they turned round several times—I do not know that the Magistrate said any thing about their faces—I said I saw them come out of the gate-way—I saw them there for a minute, I suppose—I saw but two men at the house—one was outside the door.
THOMAS EVANS . I work at Mr. Ashby's. I saw two men coming out of the gate-way—I cannot swear to them—one had a coat and carpet-bag; and when they got a short distance, one gave the other the coat—they corresponded exactly with these men in height and every thing else—they were not stout men—they were thin, like these.
WILLIAM BARRY (police-constable H 59.) I received information, and went to a house where Morris Samuels was sitting on a chair—I called Blanchard, and he said that was the man—he had his coat off, lying on a chair—he said that was the coat he wore—we went to the station-house—he told me to let him walk along and he would go quietly—as we were going to the station he said it was the b----y gambling that brought him to it.
Cross-examined. Q. He was sitting quietly, without his jacket on? A. Yes, the jacket he has on now—there was another man, but I do not know what he wore—there was a man down stairs, but I do not think he had a coat on—it was not a long-tailed dress—I do not know whether, it was a jacket—it might be a sleeved waistcoat.
Abraham Samuels' Defence. I was standing at my mother's house when I saw a mob running—I ran with them—I saw Blanchard run, and asked what was the matter—he would not gibe me any answer—I ran to the place, and I heard him say to a young man, "Give me my coat"—he said, "What coat?"—he said, "If you don't give me the coat, I will call a policeman"—I then went, and saw the prosecutor with his coat—I said, "I am told your mate has just picked up the bag"—they then came and took my brother—I went to see where they took him, and on coming back I was taken.
Morris Samuels' Defence. This policeman came, and saw me without my jacket—he called up this man, who said, "That is the man, and that is the coat he had on."
JOHN STEVENSON . I am a law-writer, and live at No. 16, Snell's rents. Essex-street. Whitechapel—I have seen the prisoners coming to a person living in that house—I saw Abraham Samuels in Conversation, on the morning of the robbery, opposite my own door—I was looking out of the
window—I am sure I saw Mr. Blanchard speaking to Abraham Samuels—they walked out of the yard in front of the house together—I was not near enough to bear what they said, distinctly.
JOSEPH BLANCHARD re-examined. I contradict this—I never spoke to either of them till I took the officer to take them into custody—the coat was taken just after half-past eight o'clock in the morning—I gave information of the person of Abraham Samuels—I did not speak to him till after he was taken.
Cross-examined. Q. Did you speak to any person? A. Yes; to several police-officers—I don't know that I spoke to any other people—I swear I did not speak to half a dozen, without it was the policemen—I may have spoken to four.
COURT. Q. Are you sure you did not speak that day to Abraham Samuels? A. I did not till he was brought to Worship-street.
JOHN STEVENSON re-examined. It was between half-past eight and nine o'clock in the morning—after he had come up and asked the man that was standing in the yard below for the coat which belonged to his master, that he had lost, several people came up, and among them Abraham Samuels, and he spoke to him.
(The prisoners received a good character.)
A. SAMUELS— GUILTY . Aged 20
M. SAMUELS— GUILTY . Aged 22.
Confined Six Months.
FRANCIS SHEPHARD . I live in Aldersgate-street. Between eight and nine o'clock on the 15th of September, I had a pocket-handkerchief in my right-hand skirt pocket—I felt a hand in my pocket, and I grasped it—it was the prisoner's—he was so determined to have it, that when he pulled his hand out he had the handkerchief in it—he drew his hand out, and two men took it of him, and threatened to rescue him—I said, "If any body will hold the boy, I will attack you both."
Prisoner He turned and took me to the watch-house, and then he said he had not lost any thing out of his pocket at all. Witness. No, I did not.
Prisoner. There was nobody behind me at all. Witness. Yes, there was
THOMAS BATES . I am superintendent of the watch. When the prisoner was brought to our watch-house, the prosecutor said he had a charge against him, for stealing a pocket-handkerchief—I searched him, but found nothing—the prosecutor said, two tall men followed very close, and endeavoured to rescue the boy, I said, "Perhaps, we shall have them come outside our watch-house door"—I went outside into the yard—there was one person that Mr. Shephard recognised, and I brought him in—I went out again, and another man. who had been with him before, ran down Little Britain—I pursued him, and he gave me a violent blow with a life-preserver, or something of that sort.
FRANCIS SHEPHARD . The prisoner had his two hands in my two pockets—he took my handkerchief from one—he took nothing from the other—there were two letters in my inside-pocket, which I suppose he thought were in the skirt pocket.
GUILTY .* Aged 15.— Transported for Fourteen Years.
FREDERICK KING . I live in St. James'-street, Clerkenwell, and am a stay-maker. The prisoners came into my shop, on the 24th of August, and wished to look at a pair of stays, and gave me a good deal of trouble—they then said they wished to put by a pair, and gave me sixpence on them—I missed a pair after they were gone—an officer came with two pairs, which are mine—these are them—here is one other pair which were in pledge.
(Riley received a good character.)
RILEY— GUILTY . Aged 17. Confined Two months.
GADBURY— NOT GUILTY .
OLD COURT.—Wednesday, September 21st, 1836.
Fourth Jury, before Mr. Sergeant Arabin.
HUGH HARDING . I live at Chelsea. On Wednesday evening, about eight o'clock or half-past, I was walking with my brother and his wife, three or four hundred yards over London Bridge, towards the City—a gentleman tapped Mrs. Harding on the shoulder and said, "That gentleman has lost his handkerchief, and that boy has got it"—I let go of my wife's arm, and followed the prisoner and another boy, who were together, and took them both—I gave one in charge of my brother and we took both to the station-house—the prisoner said there that he had no handkerchief at all, and never saw it—the policeman found it under his jacket, behind his back—it was taken from my coat pocket.
JOHN HUMPHREY . I am a Ward constable. The prisoner was given into my custody—I found the handkerchief up his back, between his shirt and waistcoat—I had them both in custody, but was knocked down by a gang, and the other escaped.
Prisoner's Defence. I picked the handkerchief up, which was lying by the side of the road.
GUILTY .* Aged 18.— Transported for Seven Years.
2049. ELIZABETH YATES was indicted for stealing, on the 29th of August, at St. Margaret, Westminster, 7 snuff-boxes, value 6l.; 2 breast pins, value 1l. 10s.; 5 shirt studs, value 1l. 10s.; 8 spoons, value 2l.; 3 pencil-cases, value 1l.; 4 seals, value 1l.; 1 watch-key value 4s.; 1 split ring, value 2s.; 1 pair of scissors, value 3d.; 1 knife, value 3d.; 4 rings, value 1l.; 2 brooches, value 8s.; 1 opera-glass, value 1l.; 1 eye-glass, value 10s.; 1 work-box, value 10s.; 8 sovereigns, and 5 half-sovereigns, the goods and monies of William Price, in his dwelling-house.
Hotel, St. James's-street; his dwelling-house is in Stafford-place, St. Margaret, Westminster, I live there, and he sleeps there occasionally—I let lodgings—I have known the prisoner about three years—she came to my house at times to assist in washing—on the 29th of August she came to wash for one of my lodgers—I had a box in the back parlour, containing all the articles stated in the indictment, and ten sovereigns and a half—the value of all the property is about 25l.—I did not miss the box till the officer came to me, on the 29th of August, with it—there is half a sovereign still missing.
JOHN PHELPS . I am a policeman. About a quarter before eleven o'clock on Monday night, the 29th of August, I was on duty at Pimlico—the prisoner passed me with a bonnet and shawl in her hand—I did not perceive the box—she went into Vauxhall-road to a hackney-coach, on the stand—I suspected her, and followed her to the coach, and saw the corner of the box under her shawl—I asked her what she had got there—she said it was nothing but a box of papers—I asked where she came from—she said, from No. 31, Palace-street—I asked where she was going to, she said, to No.31, Palace-street, and asked if I should like to look what was inside the box—I said, "Yes"—she said, "Then I'm d----d if you shall"—I then told the coachman she might ride to No. 31, Palace-street, but I should go with him—the prisoner got into the coach, and I on the box—we had not gone far before I heard a noise as if the box was thrown out of the coach window—we then got down, and the coachman delivered the box into my hand—we set the prisoner down at No. 31, Palace-street—I got another constable, who assisted me to the station-house with her—this is the box—it was not locked at the time—it had been broken open.
WILLIAM BUNN . I am a hackney-coachman. On the 29th of August the prisoner called my coach form the stand, on the Vauxhall-bridge-road, and told me to drive her to No. 31, Palace-street—the policeman came up and asked me where I was going to drive her—she had a box under her arm, which she took into the coach with her—there was no other box in the coach, nor any other person—nobody could throw the box out but the prisoner—I heard a rattling noise—I pulled up my horses, got down, and took up the box, which was thrown out of the window, and gave it to the officer.
WILLIAM FELL . I am a police-inspector. The prisoner was brought to the station-house, and searched by me—I found four sovereigns and a half in her shoes, and four sovereigns in her bosom—she said the box was given to her by a young female in Pimlico to carry to Palace-street.
(Property produce and sworn to.)
Prisoner. I never took the box out of the house at all.
GUILTY . Aged 37.— Transported for Life.
Before Lord Chief Justice Denman.
2050. WILLIAM BROWN was indicted for a robbery on James Riley, on the 3rd of September, putting him in fear, and taking from his person, and against his will, 5 1/2 yards of flannel, value 5s.; 1 pair of stocking value 17d.; 1 handkerchief, value 3d.; 1 pair of shoes, value 4s.; 1 half-crown, and 12 shillings, his goods and monies.
September, I bought some flannel, and some cotton stockings, at a shop at Uxbridge—I met a female between eleven and twelve o'clock at night—I had the things I had bought with me in a handkerchief—I went from a public-house to a place the girl took me to, in Chequer-yard—I remained there with her a little time—I had paid for my bed, and paid the woman—I was undressing, and some woman came into the house, and said she would not have such people in her house, and tried to turn me out—I said I would go out after a short time—she said she wanted the room for a lodger, and the prisoner came in at that time—there was a light in the house—I said I had paid for my lodging, and did not know whether I should go out—I went out at last—I had the bundle tied on my right hand, and the girl was on my left arm, as she said I could get another bed—I left the prisoner in the house—he had come in a second time—I saw him again down at the bottom of a court, a little way from the house; he came behind me, put his hand over my mouth, and puled me backwards—he and three more came up and held me down for ten minutes, and held my mouth while they robbed me—some got on my legs, and some on my head, and held their mouth—they took from me the bundle, twelve shillings, and a half-crown—the money was in my breeches pocket—the prisoner's face was close to my face when I went backwards—I am sure he is one of the men who was on me at the time I was robbed—I struggled a long time, and got their hands off my mouth, and nearly got them off, and said, "For God's sake do not murder me, if you rob me," and the prisoner said "B----his head, I will knock his head off—we shall not be done for him," and he knocked me about the head—I had not had much to drink—this happened on the Friday night—I saw him again next morning as I came into the court—he was shoving up the window, and I said, "That is the man who robbed me."
Cross-examined by MR. PHILLIPS. Q. You said you knew him before that day? A. No, I did not—I never saw him before—I might have had two glasses of gin and three or four pots of beer that night—I was only with one woman—I was in three public-house—I did not drink at them all—the first I had come to with a cart, and gave the man a pot of beer who came with me—I drank a little of it—I had a glass of gin, and some beer at the second house—I paid 4d. for one quartern of gin, and 4d. for another, and I and my mate had a pot of beer between us—my mate and I had two pots of beer at the third house—I paid 4d. for the beer—I had no liquor—I only had one quartern of gin with the women—I was sober—I am in the habit of drinking seven or eight pints of beer at my work, and gin too—I never got any of my property afterwards—I slept in the open market-place that night.
Before Mr. Justice Bosanquet.
2051. RICHARD STILES was indicted for a robbery on Robinson Alder, on the 16th of September, putting him in fear, and taking from his person, and against his will, 1 handkerchief, value 2s.; 1 cap, value 1s.; 1 leaf of bread, value 3d.; 1 six-pence, 3 pence, and 6 half-pence, his goods and monies.
had only been on shore twice—I had loaf bread in a silk handkerchief, one shilling, a sixpence land 6d., in copper in my pocket—I received the money form my sister—I met the prisoner near King James's stairs—I did not know him before—I asked him my way, and he took me up a court, which I did not know, and then knocked my nose with his double first—it was a hard blow, and made my nose bleed—he put his hand into my pocket, and took my money, and he ran away with my bundle—I followed him, and called out—I saw a policeman in he court and told him what had happened—the prisoner had knocked me down—he knocked my cap off, and ran sway with it—my nose was not much hurt—I am sure the prisoner is the man—he was taken in about ten minutes.
WILLIAM LEE (police constable K 268.) I was on duty on this day, and heard somebody cry out in Twine-court, High-street, Shadwell—I went to see what was the mater, and saw the prosecutor—he was crying when I came up and his nose was bleeding—I asked him what was the matter, and he made his complaint—he described the prisoner to me—he said he was a man with one arm—I after him, and found him is about ten minutes—I told him what I took him for, and he denied it—I asked him how long before that he had gone through Twine-court—he said, "I ran through there ten minutes before"—I searched him, and found sixpence and 3 1/2d. in copper.
ISABELLA ALDER . I am the prosecutor's sister. My brother came to see me the night this happened and left me about ten o'clock—I gave him a shilling, a sixpence, and 6d. in halfpence, and a loaf of bread, tied up in a silk handkerchief.
Prisoner's Defence. I just came out to get a pint of beer, and met the policeman—he tapped me on the shoulder, and said, "I want you, for robbing a man"—I said, "What have I robbed him of?"—he said, "No"—the policeman said, "This is him, I know"—he said, "No, it is not him "—the policeman said, "This must be him, I am sure, and he said, "Oh, yes it is him; take him to the station-house"—he said he lost a quartern loaf and money—he was asked where be bought the loaf—he said, at a baker's shop.
Q. Look round the court, and see if you see the man here who robbed you? A. No—I do not know him very well—(hesitating, and looking at the prisoner)—at that is the man.
GUILTY . Aged 31— Transported for Seven Years.
GUILTY.—Recommended to mercy by the Prosecutor — Confined One Year.
Before Mr. Justice Bosanquet.
HANNAH PEELE . I am the wife of James Peele, and live in Anthony-street, St. Geroge's On the 26th of August, about two o'clock in the afternoon, my daughter Hannah, who is two years and a quarter old, went out while I was dressing my baby—she had a yellow silk handkerchief on her neck when she went out—she came back in about a quarter of an hour without it—I saw it again the same evening, about half-past five o'clock, at a pawnbroker's.
MARY ANN NICHOLSON . I live in Back-road, St. Geroge's On Friday afternoon, I saw Mrs. Peele's child in the Back-road about two o'clock, by herself—she had a yellow silk handkerchief on her neck—I saw the prisoner lead the child away by the hand out of sight, and bring it back again to Anthony street, in about five minutes—the child had no handkerchief on then—I did not know the prisoner before—I am sure she is the girl.
THOMAS ROWLEY . I am shopman to Mr. Sowerby, a pawnbroker in Whitechapel. I have a silk handkerchief, which was pawned on Friday afternoon, 26th of August about three o'clock by a girl, in company with the prisoner for 2s—the other girl, who had a clock on, answered the questions which were asked—she was about fourteen years old, and taller than the prisoner—I saw Mrs. Peele afterwards, and showed it to her—I have it with me.
EDWARD BULPIN . I am a policeman. I apprehended the prisoner the morning after the robbery, about eleven o'clock at No, 10, Martha-street, where she lives with her mother-in-law—I told he what I wanted her for—she told me she did not steal the handkerchief that she untied it from the child's neck, and put it in its lap, and the girl who was with her took it out, she accompanied the other girl to the pawnbroker's that the other girl pawned it, and gave her, 1s. of the money, which she gave me out of her bosom—she said the other girl then ran sway and she did not know her.
THOMAS ROWLEY re-examined. When I first showed it to her she said she knew it by a red mark in he corner, and there was nothing of the kind—she afterwards said she should know it by a white spot in the corner—that was when I produced it before the Magistrate—she told me Magistrate so after she had seen the handkerchief—I do not know whether that was taken down—there is no mark on the handkerchief at all.
HANNAH PEELE re-examined I know it by a small white spot in the corner—when it was bought there was a small piece of red thread drawn through, it, but that might have got washed out—it was not done to mark it—there is no particular mark but this white spot.
Prisoner's Defence. The other girl took it, and told me to go into the shop with her—I went in, and she gave me half the money—I saw her take the handkerchief, out of the child's lap—I saw her before.
Third Jury, before Mr. Recorder.
2055. HENRY SOLOMON, alias Palmer , was indicted for stealing, on the 21st of August, at St. Giles-in-the-Fields 2 pieces of cloth, value 1d.; 63 sovereigns, 2 half sovereigns 12 half crowns 90 shillings, and 700 sixpence; the goods and monies of Mary Ann Williamson, in the dwelling house of Henry Lee.
MR. CLARKSON conduced the Prosecution.
MARY ANN WILLIAMSON . I am in the service of Mr. Lee, who keeps the Hercules' Pillars, in Great Queen-street, Lincoln's-inn-fields and have been so about four months. On Wednesday the 17th of August, my father was in a very bad state of health, and sent for me—he lived at No.7, Richardson's buildings, Goswell-street—I went to him, with my sister, and he gave me sixty three sovereigns, two half-sovereigns, and £22 in silver, and a few shillings over—there were about 700 sixpences among it, as near as I can guess—he gave it me, and said if he should die I was to divide it between my self and my sister—I brought it away to my place, at the Hercules' Pillars, on the Friday, and acquainted my mistress of it—I took it up stairs, and put it on my clothes at the top of my box—it was in a dirty piece of linen rag, or calico—the gold was wrapped in a piece of calico rag by itself, and the rag was either linen or calico which the silver was in—I put it into my box, locked it, and put the key underneath the box, were I always kept it, that was in my bed room—the prisoner was living in Mr. Lee's service when I first went there—he occupied the room opposite mine, on the same floor—he continued there till the Friday when I brought home my money—he is a journeyman baker, out of employment, and used to clean the windows and knives in the house, and do odd jobs, for the sake of his victuals—my father died on Saturday the 12th of August—on the following Monday I went to my box to get some money out, and missed it—I found the key were I had placed it—I opened the box, and all the gold and silver was gone—I afterwards saw the piece of calico rag, and knew it again—I am sure it was the same—Mr. Lee's house is in the parish of St. Giles-in-the-fields.
Cross-examined by MR. BODKIN. Q. Did you tell any body else of having the money besides your mistress? A. Mistress and master's sister saw it—I did not tell the pot-boy of it.
CHARLES CHART . In August last, I was pot boy at the Hercules Pillars. I know the prisoner very well, we slept in the same bed—on the Sunday before the money was lost, I was cleaning my self, up in my bed-room, at half past twelve o'clock and the prisoner came up to me, and asked me if Mary had not got some money—I said I believed she had, but I could not say—he then asked me if I knew where it was—I told him I did not, and I did not want to know—he then asked if I would not help him in opening her eye for it—I tod him no, I did not want the poor girl's money, I had got wages of my own without hers—he laughed, and I went down stairs and he followed me in about five minutes after—mistress gave him his dinner that Sunday—I saw him again at six o'clock in the evening in the tap room—I heard somebody coming down stairs and walk along the passage, and it happened to be the prisoner—he came into the tap room to me—he asked me to lend him twopence that day—I told him I had not got it—he then went to the bar, and asked mistress to trust him a pint of beer, which she did—I did not see any thing of him after that—he did not sleep in the house that night—he told me, when he was going out, if he did not come in about eleven o'clock or half past, he should have it job, and not to expect him—I forgot to state that at the office.
Cross-examined. Q. What did opening her eye mean? A. I thought it meant would I take it out of her box—he said nothing about the box—I
had heard out of doors that she had money, but I would not believe it—I thought he meant would I help him take it—I did not tell my master of of it—I thought it a joke.
HENRY STARLING . I am a journeyman baker, in the service of Mr. Bennett, of George-street, and live in Colville-court, Charlotte-street, Fitzray-square. I lived fellow-servant with the prisoner—on Sunday, the 20th of August, the prisoner, came to my room about eight o'clock in the evening—I was in bed—he sat on the bed—my wife came into the room, and he then asked me if I would have some beer—I said I did not mind if I did—he proposed that my wife should fetch some, and gave her 6d—as soon as she left the room he locked the door—my wife rattled the door and came in, and said there was some secrecy going on, and he would know what it was before she left—the prisoner said it was no consequences; he had got a little money sent to him and he wanted to have it counted—with that, he went and fetched the beer himself—when he came back he took the money out of his hat—it was silver, wrapped in something, I cannot say what—he and I counted it on the table—here was above 20l. and the greater part sixpences—he said, "I have some gold yet, and turned that out of his pocket—after counting the silver, it was put up in paper parcels, of 1l. each—he was going to tie the papers with a handkerchief—my wife said she would give him a bag, and they were put into the bag—after that he produced some gold from his breeches pocket, wrapped in a piece of cloth or rag—that was counted, and was above 60l—he tied that up in the cloth again, and put it into his pocket—he said, "I am going out of town; I have got some tickets, and will leave them with you "—I said, "It is of no use your leaving them with me; I have some of my own I do not know what to do with"—he said, "I will leave you some money to get them out with; "and he left me 5l. in silver—I asked when he should be back—he said he did not know; he should be sure to find out where I was, and would call on us—my wife asked where he got the money from—he said "Don't trouble about that I had it sent me"—my wife wished me to have nothing to do with it; but he said, "Nonsense! I tell you I had the money sent me"—he then left the room, and I saw no more of him—I delivered the 5l. which he gave me to Mr. Bennett, on the Wednesday; but I told him of it on the Monday evening, and said he could have it them.
Cross-examined. Q. Your wife heard the whole? A. Yes
ARCHIBALD MCPHERSON . I keep the Sawyer's Arms Marylebone-lane. On Sunday evening the 20th of August about ten o'clock the prisoner came to me, and asked if I wanted any silver—I said I did not—I never saw him before—he went out, and about half and hour afterwards walked into the tap-room—the waiter took him pint to ale, and brought me 3d. for it—in five or ten minutes the waiter came and said something to me and brought me 3l. of silver, wrapped in pieces of newspaper—I gave him sovereigns, for it—after the prisoner drank the ale, in about ten minutes or a quarter of an hour, he, and another person whom I never saw before, walked out—about ten minutes after, the prisoner returned and asked if I wanted any more silver, I that said, I did not; I had changed him 3l. before, but if he wished for any more gold, I did not mind taking 1l. or 2l. more of him—I took 1l. in shillings, and 1l. in sixpences, and gave him one sovereigns and two half-sovereigns—he afterwards pulled out a bag, and was counting out 60l. in gold on the counter—I looked at him—he counted it out in 10l. parcels—I saw six parcels of gold, which appeared 10l. each, and he asked me to give him ten sovereigns for 10l. in silver, and he would
give me 10s. for doing—three or four persons came into the house at the time, and I said I thought he had better put the money into his pocked—I saw him try to put in—he was unable to do so, and helped him—after that he wanted some gin—I did not let him have it—I allowed him a bottle of ginger beer—he was going to leave the house—I followed him to the door, and saw Everett, the policeman—I told him my suspicions and he took him.
Cross-examined Q. He was so tipsy as not to be able to put the money into his pocket? A. He did not appear tipsy, but so agitated as not to be able to do it—certainly was not sober—I refused to give him liquor, because I thought he had drank too much already.
WILLIAM EVERETT (police constable D 100.)—On the Sunday night I was opposite Mr. M'Pherson's public-house, and in consequence of what he said, I took the prisoner to the station-house—in order to get him there I pretended to be desirous of getting him a night's lodging—when I got him to the station-house I searched him—when he found where I had got him, he said, "D—your eyes, you have trepanned me and I won't go in there"—I got him in and found seventy-two sovereigns, four half-sovereigns, 8l. 1s. and fivepence in copper on him—the principal part of the silver was in sixpences—I asked him know he came by the money—he said "That is my business, I have not committed any felony"—I asked him his name, he said, "That is my business "—he gave the name of Henry Palmer next morning, and as I took him to be office, he gave me the name of Henry Soloman, and said. "I suppose you mean to lock me up, but don't be too hard with me"—he referred me to Mr. Bennett of George-street for his character—I had said we should no lock him up if the money was his own—he said Mr. Bennett of George-street would show the money was his own if I went to him—I gave it to Mr. Thomas the inspector.
Cross-examined Q. You took him considering him incapable of taking care of himself? A. Yes no body had given him un charge—I have ascertained that Mr. Bennett known him.
WILLIAM THOMAS . I am inspector of the D division I produce seventy-two sovereigns and four half sovereigns in a rag as I received, it, and 8l. 1s. in silver—there are 224 sixpences among it—it was lying on the table, and this blue bag by it, when I received it—when the prisoner was at the station-house on Sunday night, I asked him about the money, but he refused to answer my question—on the following morning I went to him, called him out of the cell, and said, Will you account for the possession of the money?"—he said it was his own—he had received it from two solicitors in the City—I asked him their names—he could no tell me, and said he did not know where they lived—I received £5 in silver from Bennett—there are 111 sixpence among that—the Hercules' Pillars is in the parish of St. Giles in the Fields.
Cross-examined. Q. Do you remember seeing that rag before the Magistrate? A. Yes I knew it when I saw it, and swore to it.
JURY. Q. What situation do you hold in the house? A. A place of all work—I never attend the bar.
ELIZABETH WILLIAMSON . I am the prosecutrix's sister. I was with her at my father's, when he handed over the money to her—I saw the money myself—it was in gold and silver—there were a great many sixpence amongst it—my father died on the Saturday.
(Thomas Brawley, a baker, of Bristol, gave the prisoner good character.)
GUILTY . Aged 28— Transported for Life.
GUILTY.—Recommended to mercy— Confined One Month.
SAMUEL NICHOLLS . I am a carman and contractor on the London and Birmingham railway and live at Kensal-green. This prisoner was my carman, and had 18s. a week—on the 18th of August I missed a shovel from my loft, and when the prisoner came home I asked him about it—he denied all knowledge of it—I said I knew he had pawned it—he was very saucy, and I left for a policeman, and gave him into custody.
HENRY FOWLE . I am shopman to my brother William, a pawnbroker, in Ernest-street, Regent's-park. I produce a shovel, which the prisoner pawned for 1s. or on the 18th of August, in the name of John Ramsay—I asked why he pawned his shovel—he said he wanted something to eat and some beer—he had pawned something the week before, and took it out again—he was in his working-dress.
RICHARD HUBBARD . I am a policeman I took the prisoner to charge—I asked what he had done with the shovel—he said he left it at some shop in town—I asked if it was at a pawnbroker's or what shop it was—he said he did not know—I asked if he had got a ticket, and he produced the duplicate—he lives about two miles from the pawnbroker's—he had no turnpike to pay between that and his master's.
(Property produced and sworn to.)
Prisoner's Defence I was four or five mile from home, and had not a farthing, or anything to eat—I pawned it to get some victuals—I asked master for money that morning, and he gave me none.
GUILTY—Recommended to mercy. — Confined Seven Days.
2058. BENJAMIN BENNETT was indicted for stealing on the 24th of August 1 table, value 7l.; and 27 shelves, the goods of James William Knapp, in his dwelling-house.—2nd COUNT, stating them to be the property of John Phillip Knapp.
JAMES WILLIAM KNAPP I am an upholsterer, and live in Lower, Grosvenor-street, Bond-street, in the parish of St. George, Hanover-square. I lost a table and twenty seen shelves, which were attached to it, belonging to my father John Philip Knapp—they were in my dwelling-house—it was a sort of show table.
CHARLES HENRY WALTERS . I am assistant to Mr. Gofton, a pawnbroker, in Gilbert-street, Grosvenor-square. This table was pawned on the 24th of August by the prisoner in the name of "John Williams, No. 11, News-Street, Vauxhall, "for 15s—he said he kept a broker shop, and he had brought, the table to Grosvenor-square, to show to a gentleman, who was not at home, and he must take it to him next morning and would
pawn it in the mean time to prevent taking it home—I should consider 50s. the utmost value of it—it is very old fashioned, and I understand never was value at more than 6l—no gentleman would buy it as a new table—it must he brought into market as second hand, as it is entirely gone in several places—the glass at the top is the only valuable part of it—it is plate-glass and rosewood, some of it solid and some veneered—the shelves were not it when I received it—he said he had the shelves in his pocket—I should a table might be made for much less than 5l. plate-glass and all.
Cross-examined by MR. PAYNE. Q. Is it new or old? A. Decidedly old—it has been made many years, by Mr. Knapp's account—the glass may be as good as new, but the table cannot be so.
JURY. Q. What do you imagine the labour would be for making it? A. I do not know—I only go by what it would fetch—he had a white apron on, tucked up—he looked like a working man—I never saw him before—he was in my shop about a quarter of an hour—I am quite positive he is the person.
JAMES WILLIAM KNAPP re-examined. The pawnbroker's man told me, at the office, that had the man not been in liquor at the time he would have given double what he did give him—I believe he asked 30s. for it—it is a new table, it has never been out of the ware-room—it has been made between three and four years—it has flown a little, but I understand he dropped it on the pavement—I asked a person to value it for me—he valued it at 6l. in the state it is in.
Cross-examined. Q. Were you ever offered 6l. for it? A. I was not—I have not been above twelve months in this shop—it was ticketed at nine guineas—it is rosewood, and hard wood underneath—the circumference of the glass is about sixteen inches—I consider it a very expensively made table—I think my father gave 30s. for the shelves—they are very valuable—they were in the table—they were bought about a year and a half ago, but I do not know the value of them—things are sold much cheaper now than four years ago—there is a difference between a table made for a broker and for a nobleman.
COURT. Q. Who does the property belong to? A. My father, John Philip Knapp—I live in the house, but my brother Henry pays the rent—there are two houses—I live in my own, but it is all one premises—my brothers Henry and John pay the rent—it is the partnership house—I live in it, and sell on commission.
(Property produced and sworn to.)
GUILTY Aged 27.
2059. BENJAMIN BENNETT was again indicted for stealing, on the 24th of August, 2 tables value 10l. the goods of James William Knapp in his dwelling-house—2nd COUNT, stating them to be the goods of John Philip Knapp.
DAVID HENDERSON . I am a pawnbroker, and live in Brewer-street, St. Pancras. I produce a table which was pawned for 5s. by the prisoner, on the 24th of August—he said he had bought it at a sale for 9s. 7d. or 9s. 9d.—I did not exactly examine the table, but told my assistant to examine it—I think he asked 15s. on it—I advanced him, 5s., it was much damaged—the leg was broken when he first brought it, and it was
damaged here—he pawned it in the regular way—he did not say he should call again of it—I knew to live in the neighbourhood, and have done business with his friends also.
Cross-examined. Q. What state was he in? A. I considered he had drank—we I advanced the money, he said. "Will you take some wine?"—I said, I had rather not; he said, "I insist on your taking some wine:" and I left the shop with an idea he would also leave it—when I returned, I found him there with a bottle of wine, the cork drawn, the glasses there, and he was helping a cab-man to a glass—I pointed out the impropriety or spending his money in so foolish a manner—I refused to take the wine—a lady who was there said, "Pray, do take the wine, to get rid of him"and I took some—not quite a glass—I did it in order to get rid of him—the lady took a glass, and the cab-man also—he bore an honest character when I knew him—I belive he was a grocer—this was about three or four o'clock in the afternoon—my shop is about two miles from Lower Grosvenor-street—I believe he brought the table in a cab.
WILLIAM BENHAM . I am a pawnbroker and live in Upper George-street, Bryanston-square. I have a rosewood stand—the prisoner came to my shop about three o'clock in the afternoon of the 24th of August, in a very great passion, and said he had been to a gentleman in Portman-square, and the gentleman wanted to got it out of him without paying for it—he said he did not want to carry it to Vauxhall, and I might lend him what I liked on it, as it would be better than taking it home, and the interest would only be 1d—I lent him 5s., and he pawned it in the name of Bennett—he was quite sober.
Cross-examined. Q. Are you quite sure of the prisoner? A. Yes—I did express a doubt about him at one time, I dressed differently at the, police-office—when he pawned the table he was like a working man, with an apron round him—my house is about half a mile form Lower Grosvenor-street.
HENRY LOWMAN . I am a policeman. I apprehended the prisoner in Oxford-street on the 24th of about seven o'clock in the evening—I found six duplicates on him, two for the tables pawned; and the shelves were in his coat pocket.
Cross-examined. Q. How was he when you took him? A. Drunk—he was reeling about on the pavement.
Cross-examined. Q. Where were the the tables? A. In the front ware-room—two persons are usually in charge, but the boy was out, and the woman night have left the door open—he must have come into the ware-room to see them.
(The prisoner received a good character.)
GUILTY of stealing under the value of 5l — Confined One Year
NEW COURT.—Wednesday, Sept.21, 1836.
Second Jury before Mr. Common Sergeant.
2060. CHARLES PRICE and JOSEPH CLARK were indicted for stealing, on the 7th of September, 11lbs. weight of indigo, value 3l. 6s. the goods of John Peters and another their masters; to which they pleaded.
GUILTY.—Recommended to mercy — Confined Six Months.
GUILTY. Aged 14—Recommended to mercy — Confined Three Days.
2062. MARY EWINGTON was indicted for stealing on the 8th of September, 2 caps value 5s., 3 yards of ribbon, value 4d.; 1 brush, value 1s., 1 box of tooth-powder, value 6d. and needles, value 3d. the goods of James Sell, her master.
ANN SELL . I am the wife of James Sell. The prisoner was our servant for three months—I missed these articles out of our shop—the officer found them, in her presence, at our house—some of them were in her box, and some in a box of mine which she took possession of in her bed-room.
Cross-examined by MR. PAYEN. Q. Was any body with you? A. Yes; a lady—she is not here—the officer was not with me—I first made a complaint against her on the 8th of this months—I know the caps, because I made them—I found these things on the 8th of This months—I sent for Camp, the officer—he came and remained there about three hours—at the end of that day the girl was allowed to go to her mother's—she was allowed to remain there four days, and then, out of compassion, was taken into Mr. Wilkinson's service; and two days afterwards she was taken and brought away on this charge, because I missed more things—I can swear to these caps—they are worth 5s—the whole property is worth 15s—the ribbon is worth 4d—the needles are worth 3d. but these are not all.
Prisoner. I leave it to the mercy of the Court.
MR. WILKINSON. I am a surgeon, residing at Southgate. I took the prisoner into employment on the Monday after the robbery—I had a very excellent character with her, exclusive of this.
JURY to ANN SELL. Q. Was the officer there when you opened the box? A. Yes—I took them out in the presence of the officer who is here.
----SMITH. I am the officer—I was not present when the box was opened—it was laid on the table when I came.
NOT GUILTY .
2063. JAMES GUY MARKCLAIRE was indicted for stealing on the 8th of July, 1793 quires of printed paper, value 300l. the goods of Henry Kernot, his master—2nd COUNT stating it to be 155lbs. weight of paper.
MR. CLARKSON conducted the Prosecution.
HENRY KERNOT . I live in Great Russell-street, and am agent to Treutel and Wurtz, of Paris They are foreign booksellers to a large extent—I have a warehouse in No. 3, George-street, Euston-square—I had an immense number of divers works in sheets there—I am wholly responsible for them—in April last, I took the prisoner into my service, at the recommendation of Pfliler, a person in my employment, and he continued three or dour months—in the early part of August, I heard reports that my quires of works were sold as waste paper—on the 19th, I took the prisoner into custody, with an officer, at his house, High-street, Marylebone, (before going I went over the warehouse, and missed 1793 quires, worth 300l)—I told the prisoner I had come to apprehend him on charge of robbing my warehouse—he said, "I am quite innocent; oh dear me, how could I do it, when you always kept the key?"—he said no more then—I then left him in presence of the officer—he was in bed—after a
short time he called me to him, and said, "Oh, Mr. Kernot, I suppose I shall never see England again"—I keep one of the keys of the warehouse, and permit no one to use that—Pfliler had another keys—I have received some of the lost works back form Joseph Mahon, and some from Goodwin, Jeffreys, and Wright.
Cross-examined by MR. PHILLIPS. Q. Who are Treutel and Wurtz? A. They are booksellers in Paris—they have not been bankrupts—Mr. Richter was in partnership with them in the London house—he failed after they relinquished partnership, and these books were removed from New Bond-street—none of mine were covered with flannel, nor of Treutel and Wurtz's nor of Richter"s that I know of—I live in Russell-street, in private apartments—one or two copies were there—I did not employ the prisoner to conceal any of them—I was first heard of his robbing me on the 12th of August—I was not angry, because I did not give credit to it, but I did on the next day—of course, I should not think of employing him in any confidential business after that—that I swear—nor did I seek to employ him—this letter is my hand writing addressed to the prisoner, dated 7th of August.
Q. Did you write this? (reading) "If you return soon, I can promise a good deal of work, for Mr. Richter's affairs are quite settled. I shall have, in a few days 3000 volumes all at once, from his assignees." A. I did write that—from, the 13th up to the 19th, I was going to all the haunts to the prisoner to find him out; and from the 13th till the morning of the 19th I could not, and therefore I wrote that to the put him off his guard.
Q. Did you write this to him? "Now, do not be foolish in keeping away from your friends and well wishers, to whom always believe me one.?"—A. I did say so to mislead him—it was my intention to take him up, and have him tried—he was not confidential with me—there is a dispute between Richter's assignees and Treutel and Wurtz, but not about the books in question—I often sign myself Harry but my name is Henry.
MR. CLARKSON. Q. You could not find him till the 19th? A. No, 1 found him at his own house—this letter was directed to the Orange Tree, New-road where his wife told me he often was—this was nothing else but a subterfuge to get hold of him—this property was in my custody in the warehouse.
JOHN WILLIAM LEGGATT (police constable E 156.) On Friday, the 19th of August, I accompanied the prosecutor to the prisoner's house, in High-street, and found him in bed, and took him into custody—Mr. Kernot left the room—the prisoner said he could not imagine what could induce him to be so foolish as to be guilty of such an act, I asked now he could dispose of such a large quantity of paper—he said he disposed of it at different times, to three people, Mr. Mahon, in the Borough; Mr. Mahon, in the Waterloo-road; and Mr. Gosbell—I went the house of Mr. Mahon, in Blackman-street, Borough—Mr. Kernot, who was with me, stated what we came for, and he delivered to us 56 1/2 lbs. of paper—from that house he took us to the house in Waterloo-road, and delivered to us 46lbs.—we went to Mr. Drury, and received 146lbs., some more from Mr. Jeffryes, and 41 1/2lbs. from Mr. Wright.
THOMAS MAHON . I am a stationer in the Waterloo-road. On the 8th of July I saw the prisoner about six o"clock in the evening—he had a man with him, who appeared to be a porter, and some paper with him—the prisoner asked if I would buy some waste paper—I said I would
if I knew it was his property—he said it was—I asked him who he was—he took out his pocket book and handed me and enamelled card, with the name of Mr. Kernot on it—he wrote that dress—I bought lqr. and 13lbs. of him and I gave him 32s. per cwt,—it came to 11s. 8 1/2 d—I believe some of it was entire works—I never collated it—after that, he intimated there was a large quantity where he resided, which was on the card, (I think, No.17, Great Marylebone-street,) between two and three tons—I informed him I would be a customer—on the following evening I bought 1qr. 14lbs. for 11s. 8 1/2d.—he brought two other quantities the following week—I bought them—I think one was 1qr. 17lbs., the other 2qrs. and some odd pounds—I paid at the same rate—most of it went to my brother in Blackman-street—I sold it to him—I went to my brother the same evening to ascertain whether it was a bona fide transaction or not, and for him to make inquires of the publisher, which was, I believe, in Soho-square—that was the first evening—I agreed that the prisoner should bring a further quantity on the Saturday evening, that I might arrange with my brother whether I ought to buy it or not, as it was a dirty, common, inferior paper—I had not any of it when Mr. Kernot came—I had delivered it up to my brother two or three days after I got it—the prisoner said he had sold Gosbell the two ton lot.
Cross-examined Q. How did you find out the name of the publishers A. From the title-page—I did not go Treutel and Wurtz's—I believe my brother did, to No. 31, Soho-square.
JOSEPH MAHON . I am brother to Thomas Mahon, and live in Blackman-street. On the 22nd of July, the prisoner and my brother came to within twelve hours to Mr. Richter, and it was through me that this was known to Mr. Kernot.
Cross-examined. Q. What did Mr. Richter tell you? A. That Mr. Kernot had liberty to sell these as waste paper, or any other works.
MR. CLARKSON. Q. Did the prisoner tell you who he was? A. He came in a cab, and said he was Mr. Kernot—this is the card he gave me.
ALFRED GOSBELL . I live at York-place, Islington, and am a stationer. I know the prisoner—I bought of him, in sheets and half sheets, about 3cwt. 1qr. of paper, at the rate of 30s. a cwt.—I do not know whether the works were entire—I merely turned up the edges—I went, by accident, to dine with the prisoner, at Mr. Peek's, in the New-road—I asked him who he was—he gave me his address, "James Claire, High-street, Marylebone "—they are not entire works—Mr. Kernot acknowledged in my house that part of it was waste—I bought it as waste, and sold it as waste—I did not order some to be sent to my house, but somewhere else—I have a warehouse in Gray's-inn-lane—I have delivered all up—I gave the names of the parties who I had sold it to, for 45s. 5d. and 46s. 8d.
Prisoner. I was always told to keep things as a great secret by Mr. Pfliler as he knew they were bankrupts; they expected a gentleman to come one day, and was ordered to remove a great deal into the drawing-room. which I did.
(Mr. Perryman, eating-house-keeper, Long-acre, gave the prisoner a good character.)
GUILTY Aged 28— Transported for Seven Years.
2064. EDWARD LIGHT was indicted for stealing, on the 19th of August, 1 frock, value 3s., the goods of George Gray 1 bag value 6d.; 1 handkerchief value 1s.6d.; and 1 comb, value 3s.; the goods of Ann Nutter, from the person.
ANN NUTTER . I live in Park-place, Islington. On the 19th of August, I was on my way home with Mrs. Gray, and was carrying her baby—I had my reticule on my left arm—it contained a frock body, a bag, a handkerchief, and comb—I saw some boys about about—the prisoner was one—I felt a pull at my arm, and the string of the reticule broke—I turned and saw the prisoner running away; with the reticule—this is it—the frock body was Mrs. Gray's—the rest of the things are mine.
MARTHA GRAY . I am the wife of George Gray of Shepperton Cottages. Ann Nutter is my sister—I was going home that evening—two boys came up—I did not see either of them snatch the bag, but I saw the prisoner running away with it—I ran after him—he was stopped in my presence, and the reticule produced—this frock body is mine.
JOHN LAKE . I am a solicitor, and live at Hackney. I was going home, and saw the prisoner running from the ladies—I pursed him—when I came up he dropped the reticule, which was handed to the policeman—the prisoner said he should not have done it himself, but the other boy put him up to it.
GUILTY .* Aged 12— Transported for Seven years.
ELIZA MORTIMER . I am single, and live in Seymour-place. On the 6th of July, 1833, I was at Paddington Church, and saw the prisoner married there to Kezia Mason—I saw he yesterday morning, she was then alive—he lived with her from that time till the 26th of June, 1836.
Cross-examined by MR. DOANE Q. Had you known him before you saw him married? A. Yes about four or five months—I am not a willing witness in this case—neither of the wives are anxious to prosecute him—far from it, they leg for mercy—I do not know whether he was of age at the first marriage—I do not think he could he—his father was not present—I did not hear the banns published—he has been very much respected, and has not hear in the Bank of England.
CAROLINE HAMBLING . I live in Bryanstone-street. On the 27th of June last I was married to the prisoner in Marylebone Church—represented himself to me as single—I went to live with him afterwards at Cheltenham, and we kept a tobacconist's shop—I stocked the shop to the amount of between 20% between and 30%—that stock is now in existence—my family interfered—we separated, and he was taken afterwards in London.
Cross-examined. Q. Your are not at all anxious he should be punished? A. No—he was anxious to get his living in this shop—my mother interfered in this—I beg for mercy for the sake of his children.
GUILTY . Aged 24.— Confined Nine Months.
2066. SARAH TURNER was indicted for stealing, on the 15th of August, 1 sheet, value 3s.6d.; 1 table cloth, value 2s.6d.; 3 napkins, value 1s. 6d.; 1 pinafore, value 6d.; and 1 pillow-case, value 6d.; the goods of William Babb, her master.
The prisoner entered my service about the middle of June—I missed various articles of linen shortly after she came—she left on the 10th of August, with notice—I found her in custody—the officer produced these things to me they are mine.
Cross-examined by MR. PHILLIPS. Q. Had you a character with her? A. We had not a direct character, except from a neighbour opposite—she merely came on trial—I did not observe any thing affecting her mind.
FREDERICK GILES . I am foreman to Jacob Russell, of High Holborn, a pawnbroker. I produce the things which were pledged by the prisoner in the name of Ann Turner—these are the counterparts of the duplicates
(The prisoner received a good character.)
GUILTY. Aged 29—Recommended to mercy. — Confined Three Months
2067. RICHARD OAKLEY was indicted for stealing on the 24th of August 4 spoons, value 30s. the gods of George Foord, his master and WILLIAM WHITE for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
OAKLEY pleaded GUILTY ., and received a good character; and William Parker, a cabinet-maker of Great Chapel-street, Soho, engaged to take him as an apprentice.
Confined Three Days.
GEORGE FOORD . I live in Wardour-street Soho, and am a carver and gilder. Oakley was my; errand-boy—I missed four silver spoons—I called Oakley, and charged him with having taken them, which he admitted—these are them.
ROBERT STEWART ROGERS (police sergeant C 5.) I took White in Davis-street—I asked if he knew any thing of some spoons stolen from Mr. Foord's—he said yes, he pawned them for Oakley, and told me where; and I went and saw them.
Cross-examined by MR. PHILLIPS. Q. He told you this at once? A. Yes—he tore the duplicates up in the shop.
GUILTY . Aged 50— Confined Six Months.
GUILTY . Aged 38— Confined Three Months.
2070. JOHN COLEMAN was indicted for stealing, on the 30th of August, 1 handkerchief value 4d.; 1 pair of boot-tops, value 1s., 1 pair of braces, value 6d. the goods of George Rodway; 2 shirts, value 9s., 1 flannel jacket value 2s.; 1 night-cap, value 6d. 2 handkerchiefs, value 2s. 4d.; the goods of James Mills; and 2 sheets, value 10s., the goods of William Joseph Kitson.
GEORGE RODNEY . I am a stableman, lodging at Mr. Kitson's, in Adams-mews. The prisoner slept with me and a man named Mills—about half-past five o'clock on the 30th of August I left the room and the prisoner and Mills in bed—I returned about half-past ten o'clock and missed there articles—this is my handkerchief and braces—the boot-tops are not here.
Prisoner. The braces are mine—I purchased them the Saturday before—I had worn them. Witness. I can swear to them and the handkerchief—there is no mark on them—the prisoner did not come back to sleep that night—he was taken that day.
JAMES MILLS . I am stableman, and lodged in the same room. I remember Rodney getting up that morning—I got up and left the prisoner there—about seven o'clock Mrs. Kitson came in and missed a handkerchief off my hat—she then called me, and I missed two shirts, a night-cap, and flannel jacket, and two handkerchiefs—they were in the room, lying on the bed where I slept.
SARAH KITSON . I am the wife of William Joseph Kitson. The witnesses and the prisoner lodged in my house—I missed a pair of sheets that morning—these are them—the prisoner did not pay me for the lodgings when he went—I gave him notice to go on the Monday morning—he asked me to let him top till Tuesday and would settle with me, but before I got up he was gone—I got a policeman, and took him at the Duke of Cumberland—two of the handkerchief were found in his pocket.
Prisoner's Defence. I never left them there—it is not likely if I did the robbery that I should stop 150 yards from the spot at the place where they knew I always stop—I went to this place to meet a person.
GUILTY . Aged 28— Confined Six Months.
2071. CAROLINE HALL was indicted for stealing, on the 17th of August, 1 pair of stockings value 2s.; 1 wine glass, value 6d. 1 tumbler glass value 2s., 1 inkstand, value 1s., 3 knives, value 1s., 3 forks, value 1s. 1 cup, value 1s., 6d. and 1 saucer, value 1s., 6d.; the goods of Henry Hart, her master.
WILLIAM HENRY MATTHEWS (police constable C 92) In consequence of information I stopped the prisoner on the 17th of August, in Regent-street—I asked her if she knew any thing of three bundles which had been left in an unoccupied house—he said, yes, they were hers—I took her there, and found in her hand these three Knives and forks, and this china ornament—I took her and the bundles to the station-house, and found these coats and other things in them—she again said they were hers—I found the next morning that hey belonged to Mrs. Hart.
The prisoner pleaded poverty.
GUILTY . Aged 32— Confined Three Months.
ELIZABETH STITFOLD . The prisoner and a woman took some furnished lodgings of me on the 6th of August, in Brick-lane—after having been with me eight or nine days I missed the articles stated—these are them—they left without notice.
CHARLOTTE TAYLOR . The prisoner and a female lodged with me in Kent-street. They were there about three weeks, and on Wednesday evening the 7th of September he said to me. "We are backward in what we owe you, we have some tickets to sell"—that they bought them when they were better off—they had travelled to Liverpool, and had nothing to support them but these things—I went to get them, land was detained—I took the parties to the prisoner, and he ran away.
Prisoner. They were left as security for the rent, but I did not sell them to her.
JOHN WOODHOUSE (Police Sergeant M 13.) I has on duty in Kent-street, and saw the prisoner running, and heard a cry of "Stop thief"—I pursued him—he ran down a turning where there was no thoroughfare—I told him he was charged with robbing his lodgings—he said it was a very bad job; and the he didn't through distress.
(The prisoner put in a written Defence stating the woman with whom he cohabited had given him the duplicates, stating them to be her own property, and that he had only left them with Taylor as security.)
CHARLOTTE TAYLOR re-examined. I swear he gave me these dupli-cates—I have kept a house seventeen years, and never was before a Magistrate in my live—a young girl lived with me to do for me and the prisoner would have her it into his room, that was the whole of it.
Prisoner At the time these were taken from the place, I was in Bishopsgate-street—these things were pledged next door to where we lived.
ELIZABETH STITFOLD re-examined Q. Was the man there at the time you lost them goods? A. Yes; they both left together—the articles west one on one day, and the other the other—they passed as man and wife—the prisoner read the duplicates over to Mrs. Taylor—they were pawned on Saturday and Monday.
GUILTY . Aged 30— Confined Three Months.
WILLIAM HOLLIDAY . I am shopman to John Stear, a hosier of Oxford-street. About twelve o'clock on the 27th of August the prisoner came and asked to look at some silk handkerchiefs—I showed him some—he asked to look at some more patterns—I went to the window to reach some, and while there I observed him put some handkerchiefs in to his hat—I sold him one at 5s—he gave me a sovereign—I sent the lad out for change, and asked the prisoner to walk to the other end of the shop, as I suspected he had some handkerchiefs—I took off his hat, and found these three in it.
Cross-examined by MR. CLARKSON. Q. How do you know them? A. The pattern of one of these is rather remarkable—I do not know that
we have any shop-mark on them—I know them by being rumpled—I never saw one of this pattern—it is one of a piece—I am sure I saw him put them into his hat.
(The prisoner received a good character.)
GUILTY . Aged 25— Confined Two Months.
ROBERT RICHARDSON I live in Tunbridge-place, New-road. I have a shop in Marylebone-lane—the prisoner was my servant, and employed there—he did not leave till he was apprehended—On the Tuesday, the 29th of August I was sent for, by Mr. Wilson, of Holbron-hill, and found there two pairs of women's shoes, and one pair of boots—I know them to be mine—Lazarus was sent for and I made and agreement with him to go to Titchfield-street on the Monday following—I met him there—he went on some distance, and met the prisoner, who had a bag containing two pair of women's shoes and one pair of boots, which were mine—he had no right to have them there—these are those found in the bag—he had given me no account of having sold them.
HENRY LAZARUS . I live in the Tenter-ground, Spitalfields, and am a salesman, I met the prisoner Titchfield-street one day—he came up and said he was a shoemaker short of money would I buy three pairs of shoes—I bought them for 5s., and sold them for 6s.—the day after, I met him again—he was short of money, and I bought some boots for him—he was going out of town, and told me he would meet me on the next Monday—I told this to Mr. Richardson, and met the prisoner in Titchfield-street—he said he had got two pairs of shoes and one pair of boots he asked I wanted to buy them—I said, "Don't take them out, I don't want to see them"—Mr. Richardson came up directly, and took the bag.
Prisoner I served my master honesty till this transaction and what money or goods I took out, I brought a right account of.
MR. RICHARDSON. Yes, he did—I took him out of charity—he has a decent home, and has been a respectable man in business himself.
GUILTY . Aged 56— Confined Nine Months.
(There were two other indictment against the prisoner.)
ELIZABETH DEACON I am the prosecutor's wife. the prisoner came, on the 20th of august and wanted the truck for an hour—i told him was did not let it, but keep it for our own use—I said I dare not let it to him—it stood in front of the road, as we live down the buildings—i did not follow him, no thinking he would take it, it went up in a few minutes, and it was gone.
said we had not one to lend—he went down the buildings and then came up and took this away.
Prisoner. Q. Will you swear it was me? A. Yes; I saw your face, and know it.
GUILTY . Aged 31.
ELIZABETH RAWLINSON . I am the wife of John Rawlinson. We let out trucks—on the 20th of August the prisoner came to hire one—I let it him for two hours—he I never returned—I have since seen it at Worship-street
GUILTY . Aged 31— Confined Six months.
MARY PADDON . I am the wife of Thomas Paddon, of Ratcliffe-high-way. The prisoner was in my service—about the 27th of August I found she was dressed, all but her bonnet—she said she was a going away—I said, "You are surely not going away to night?—she said "Yes, I am"—I saw some calico between her stays and gown—this is it—my husband speaks to it.
Cross-examined by MR. PHILLIPS Q. But you swore to it at the office? A. Yes—I did no miss any at that time—I had had no quarrel with her.
THOMAS PADDON . I keep a carpet warehouse and have a quantity of calico—on the morning of the 27th I had a piece of twenty-four yards in length—I sold two yards and a half of it—on the morning of the 30th of August I had occasion for the same piece—I went to it, and found there were seven yards and a half missing, which is the quantity that there is here—this is the fellow piece of it—it is the only piece I have of the kind.
Cross-examined. Q. You have a private mark on it? A. No.—I have no shop-boy—there was a young man assisting in the business—he is not here, but we referred to the book.
COURT. Q. Do you believe that is your calico? A. Yes, and the quantity exactly tallies with what we lost.
Cross-examined Q. Was not she in great trouble? A. Yes—she said she never stole it, but bought it in Union-street.
NOT GUILTY .
2078. JAMES DALEY was indicted for stealing, on the 15th of July, one purse, value 6d.; 4 sovereigns 1 half sovereign, 4 half-crowns, 1 sixpence, and 1 £5 Bank note, the goods, monies, and property of Archibald Bulkeley, from his person.
ARCHIBALD BULKELEY . On Friday, the 15th of July, about three o'clock I was walking in James-street Covent-garden and received information form a little girl, named Elizabeth Cordel—I examined my right hand pocket where I had out my purse, with a £5 note, four sovereigns, one
half-sovereign, four half crown and a sixpence in it—I found my purse and all was gone—I saw a boy running at a great distance and I pursued him—he turned a street into Long Acre—I lodged information Bow-street—the £5 note has been found—this is it; I received it from the witness Kohler—my purse was a red one.
ELIZABETH CORDEL . I am twelve years old—I know what will become of me if I don't tell the truth. I live with my father in James-street, Covent-garden—a few weeks since about three o'clock, I was standing at my father's door—I saw Mr. Bulkeley in the street, on the opposite side of the way, and three boys close behind him—I should know two of them again—the prisoner was one, I am sure—one of them put his hand into the prosecutor's right hand coat pocket—that was not the prisoner—he took something red out, and when he had got it he ran away—the three ran away—the prisoner appeared to be in company with themhe was talking to—the others—he was close to them when the purse was drawn out—he appeared to be covering the one who took it—the other was behind him.
Prisoner. When she was at the office she said she saw me walking in the road, and another man took it—I know nothing of it. Witness. No, I did not—the prisoner was nearest the road, on the curb-stone.
HENRY FREDERICK KOHLER . I live in Stafford-row, and am an Italian warehouseman. On the 15th of July I gave Mr. Bulkeley change for a £10 note—I gave him a £5 note, and the rest in cash—I had made a memorandum of the note in the book, which is here—it was No. 15, 735—this is the note.
WILLIAM M'DONALD . I am shopman to Benjamin Shirley of Blackfriars-road, a boot and shoe maker. At a quarter before ten on the evening of the 15th of July, the prisoner came into our place and bought some shoes—he offered a £5 note for change—my master had the note—the prisoner is the man.
Prisoner. It is false—I know nothing of it.
BENJAMIN SHIRLEY . On the evening stated my boy called for me—I took a £3 note of a person, who I have no doubt is the prisoner, but I could not say it was him—he gave his name, Mr. Davis, of Charlotte-street but I could find no such person—it No.15, 735—I paid away the note, the next day, to Lewis Ford.
Prisoner. I was drinking a pot of beer, when a woman came and had me taken—she had another taken first—he said she saw me take it.
GUILTY .* Aged 19— Transported for Seven Years.
THOMAS WALTER WATERS . I am foreman to Mr. Henry Rendall, a butcher, of Oxford-street. On the morning came of the 28th of August between eight and nine o'clock, the prisoner came into the shop—I am sure he is the man—he came in with two others he pulled the meat about, and cheapened it all they-went away, but bought nothing—they came back again while my back was turned—I received information from a neighbour—I looked and missed a shoulder of mutter—I went up
Duke-street, but I did not find them for same time—I at last found the prisoner with this shoulder of mutton—it is my master's.
GUILTY . Aged 21.— Confined One Month.
MARY WALLER . I am the wife of James Waller, a sheomaker, of Wheler-street, the Spitalfields. About nine o'clock at night, on the 23rd of August the prisoner came and asked to look at these shoes, which were in the window—my daughter gave him the left shoe—he put it on and asked for the other—she gave it to me and I gave it to him—he made a quick step and got out—I called my son—I then went out, turned the corner, and the officer and son had got him—one shoe was on his foot, the other was in his hand.
GUILTY. Aged 20—Recommended to mercy. — Confined Six Months.
Fifth Jury, before Mr. Sergeant Arabin.
BURTON HUGHES . I am a leather-cutter, and live in Mile-end-road. On the 23rd of August, about one o'clock the prisoner came on together, I think or not long after one another—the men asked for some half-soles—I gave him some, and the woman asked what a quarter of yard of union would be—I told her—she said, "Never mind that, give me a halfpenny-worth of brads and a halfpenny-worth of paste"—she had them, and then went out—the policeman brought her back with these soles in her lap—the man was still in the shop—he had bought no soles—she was examined in my presence, and the soles were in her lap—I had not sold these to either of them—I know them to be mine.
Kilby. I asked for a half-sole, and bought it, and paid for it. Witness. He bought one and paid 4d. for it.
JOSEPH FISHER . I keep a fruit-stall opposite Mr. Hughes's. I saw the two prisoners walking together, before they went into the shop—I went immediately across, as I thought things were not right—I saw the male prisoner take, with his left hand, a bundle of soles and give to the woman—she received them—I looked for a policeman—the female prisoner came out, and the policeman took her.
Kilby You did not see me give he them. Witness You shoved them along to her, and she received them.
JAMES HAWKRIDGE (police constable K 199.) Fisher stopped me, and told me what was going on—the women was five or six yards from the shop, and she had these soles in her apron—I took her back, and took both of them into custody—she said the male prisoner was the man who gave them to her.
Smith. A man in the shop said if I would carry them for him he would give me 3d—I was coming out and the policeman stopped me.
KILBY. GUILTY —Aged 22.
SMITH. GUILTY —Aged 21.
Confined for Six Months.
DINAH LEVY . I live with my brother in Lower Chapman-street and keep a fruit shop. The prisoner slept there two or three nights—on the 30th of August went over my things and missed a couple of shifts—on the 1st of September they were found at the pawnbroker's.
EMILY M'KENZIE . I have known the prisoner three years, she lived with me three months. She came to my house on the 30th of August, at six o'clock in the evening—she said he had asked her mistress to lend her 3s. or 4s., and she could not—she gave me these to pawn, which I did, and gave her the money—she went with me, and bought a shawl, ribbon, and other things.
(Property produced and sworn to)
GUILTY. Aged 19—Recommended to mercy by the Prosecutrix.— Confined Three Months.
ROBERT SAVAGE . I am a general salesman and live in Brick-lane. The prisoner came, on the evening of the 30th of August, about seven o'clock—he looked at several paintings two of which he selected, and said he had a very good customer of me—they were large, one a painting, and one a print—one was of Thomas Belcher—he said he should like to make a present of it to his brother, and he was very intimate with him—he asked the price—I said I could not take less than a guinea for the two—he said very well, he would see me the next day, and bring the customer—I had seen him put something into his pocket which I thought was his spectacles—I then missed the small painting, and called the boy to ask him about it—the prisoner went away directly I called the boy—I sent after the prisoner ask if he had taken it by mistake—the boy came back without it—I can out after him—the policeman saw me, and followed—I came up, and asked if he had taken it by mistake—he said no, he would come back—I said there was no need if he had not taken it—he said "No, search me"—I put my hand into his pocket and took it out—this is it.
(The prisoner put in a written defence, stating that he had been drinking and was unconscious of having the property in his possession.)
NOT GUILTY .
of harness there—I was there about two o'clock in the day, all was safe then—I did not go again, but my boy went to do up the horse—next morning a man came and said my horse was in the street—I went and found the door had been broken open—this is my harness which was missing—my boy is not here.
Cross-examined by Mr. THOMAS. Q. What is his name? A. Darey we call him—I do not know what his other name is—I did not swear before the Magistrate that I saw it at five o'clock—if I said five or four o'clock, that was not true—when the boy came home I asked for the key of the door, and he gave it to me—for any thing I know he may have taken the harness and given it to prisoner—there is no mark on it, but it is mine.
BENJAMIN CATMULL . I am an officer. I saw the prisoner on that Saturday night, at ten o'clock, at the end of Shoe-lane, on Holborn hill—this harness was set down by the end of the church wall in this bag—the prisoner was standing by the side of it—I asked him what he had got there—he said he had got a parcel, and was waiting for a person—I took him to the station, and then I saw it was harness—I asked him how he became possessed of it—he said a person gave it him to carry.
GUILTY .* Aged 28— Transported for Seven Years.
JOHN WEBB . I am a soda-water manufacturer. a one of my carmen—he was intrusted to receive monies on my account—he took out soda-water, and sold it—I paid him 25s. a week—the soda-water was delivered to him in a cart in the evening, and he was to account for it, or to say that he had sold it on credit—we keep regular books.
THOMAS EDENSON . On the 16th of August I paid the prisoner 7s., for two dozen of soda-water, which I ordered on the Monday—we had had soda-water once or twice previous to that of him—the prisoner delivered it to me—he did not give me any receipt.
WILLIAM KENNY I am clerk to Mr. Webb I keep the books—I did not receive this money of the prisoner—on the 16th of August there were two dozen of soda water short to the account—the gentleman had written for it, and I sent it afterwards, but it was not taken in, as it had been taken there by the prisoner before—I spoke to the prisoner about it, and he said he did not deliver it at Mr. Edenson's, and he did not give me the money.
JOHN WEBB re-examined Q. Had he delivered it to you? A. No; my clerk sent again, and they returned answer that they had had it—I spoke to the prisoner about it—he said he had not delivered it, nor received the money—I told him to wait till my clerk came in—he went away.
Prisoner. I got the worse for liquor, and then I came home I went to the stable and asked my follow servant if he could inform of any person that I had not put down—he could not, an I booked it to another customer in the trade, at the rate of 2s. per dozen, and I only paid in my master 4s. instead of 7s.
COURT to JOHN WEBB. Q. What quantity do you send out by him in a day? A. Sixty, seventy, or eighty dozen—when he had that quantity
he has a man to assist him—he did not give the 4s—he said he must have had the two dozen short—he was not drunk, but had been drinking.
NOT GUILTY .
WILLIAM LEMMER . On the evening of the 27th of August I was in Oxford-street and felt a tug a my coat-pocket—I turned and saw the prisoner about a yard from me—I collard him, upon which he pulled my handkerchief form under his waistcoat, and threw it as far as he could for him—I went to pick it up—he bolted—I pursued, calling "Stop thief"—he ran down several streets to Marylebone-lane, into mews—I pursued, and the officer had got him.
GUILTY .* Aged 22.— Transported for Seven Years.
OLD COURT.—Thursday, September 22nd, 1836.
Second Jury before Mr. Serjeant Arabin.
The prosecutrix having a husband living the prisoner was
2088. WILLIAM HARRINGTON was indicted for stealing, on the 19th of August, 1 shawl, value 1s., and 1 apron value 6d. the goods of Jonathan Diaper.—2nd COUNT, stating them to be the goods of Ann Diaper.
ANN DIAPER . I am the wife of Jonathan Diaper, and live in Little Ormond-yard. I am a tailoress—I lost this property on Saturday, out of a box up three pair of stairs—the prisoner lived with his parents next door to us—the street done was kept open.
(Property produced and sworn to.)
Prisoner's Defence. I was very much intoxicated that day—I went to the privy and saw the shawl there—I brought it to Pigeon, and asked him to go and pawn it—he spent the money in drink—I did not revive a halfpenny of it.
GUILTY. Aged 23—Recommended to mercy. — Confined Six Weeks.
WILLIAM STEEL . I am a waiter at the Albion in Covent-garden. The prisoner is my son—he is a shoemaker by trade—he sleeps at home with me—I lost these articles on the 2nd of August—the prisoner came home that night, and I taxed him with it—he said he was very sorry for what he had done and he would pay me again—at times he takes property and pawns it—it is his mother's fault—he pawned it, believe, by her directions, and made away with the money—so she says, but I was not at home.
----STEEL I am his mother. I sent him to pawn this property.
NOT GUILTY .
Before Lord Chief Justice Denman.
GUILTY . Aged 63.— Transported for Fourteen Years.
Before Lord Chief Justice Denman.
2091. JOHN CUNNINGTON was indicted for feloniously forging, on the 16th of August, a certain receipt for 1l. 16s. 10 1/2d., with intent to defraud William Hill.—2nd COUNT For uttering the same with a like intent.—Another set of COUNTS, stating the intent to be to defraud Thomas Dalby.
THOMAS DALBY . I am in the service of William Hill, a baker in Long-acre. I have known the prisoner about four months—he is a journeyman baker out of place—he has been with em delivering bread occasionally, and I have now and then asked him to take an odd loaf to a customer—Mr. Vinall of High Holborn, is a customer of my master's—the prisoner has been there with me when I have delivered bread there—I left a bill there on Monday the 15th of August—I did not authorize the prisoner to receive any money for me—(looking at a bill) this is the bill I left on Monday—there some writing in pencil on it, which is not mine—I did not authorize any one to write it—I have not received the money for it.
Cross-examined by MR. DOANE Q. Had not the prisoner been in the habit of going out for you sometimes? A. I might occasionally have sent him with a loaf—he has been to Mr. Vinall's for me—if any customer I sent him to was desirous of paying he would be the person to receive the money—I receive very few bills—my name is well known to the customers, and they would expect to receive a receipt for their money in the name of Dalby—he has not received money from other customers, except if I have sent him with a single loaf—he has brought the money back—he has received small sums for me and paid them to me.
COURT. Q. Has he ever received any money for you on a bill? A. No—he was not authorized by me to do so—I have said, "Take this loaf to that house, "and he has left it, and brought me the money for it.
GEORGE VINALL . I was a customer of Mr. Hill's—this was delivered at my my house on the Monday and I paid it to the prisoner on Tuesday—he wrote this receipt here in pencil "Thomas Dalby—I do not think I ever paid him any thing before—I am quite sure it was the prisoner I paid it to—I said before the Magistrate that the prisoner to the best of my belief, brought the bill—that was a mistake—the prisoner has called on me several times with bread.
Cross-examined Q. Perhaps you are not quite sure he is the person who left the bill? A. No, I am not—I told him after paid him that I
was going to give another baker a turn—I had before that told him to stay to receive the bill—I have sometimes paid Dalby, and sometime I have gone to the house and paid.
JOHN PAVEY . I am a policeman. I apprehended the prisoner on Friday the 26th of August, in a beer shop—I said I wanted him—he said, "What for?"—I said he had received money by false pretences from Mr. Vinall—he asked if Dalby's master knew it—I said he did—then it would go hard with him—he did not mention any name—he said he had lost a sovereign of the money.
Cross-examined Q. Did you hear him say he wanted an opportunity to make it up? A. No—Dalby told me to apprehend him, but Mr. Hill also came to the station-house.
Prisoner's Defence. I have often received bills for him if any body paid me—I knew the customers as well as he did himself—the gentleman's servant name to the door—she told me to come in, she paid the money, and I put the young man's name to the bill as I knew Mr. Hill and Mr. Vinall were acquainted, and if he saw another name to the bill he would think another man had done wrong—I intended to make the money up, but lost a sovereign.
NOT GUILTY .
Before Lord Chief Justice Denman.
JACOB MILLER . I am a broker at Shadwell. I had a stove outside my window for sale on the 2nd of September—I missed it about ten o'clock about an hour after I put it out—I saw it about two hours after, at Mr. Roberson's in Back-lane—it has been larger, and I made it smaller—I am sure it is the same—I had cut it in two in front, and spliced it again.
JOSEPH ROBERSON . I am a blacksmith and live in Black-lane, Shadwell, about a quarter of a mile from Miller's. He claimed this stove, which was outside my house—the prisoner had come to me, and asked me to buy it, on the 2nd of September about half past ten o'clock in the morning—I up delivered it up about half-past there o'clock.
Prisoner's Defence. I did not steal it.
GUILTY . Aged 45— Confined Three Months.
Before Mr. Justice Bosanquet.
WILLIAM JACKSON . I am a tailor and live in Goswell-road. The prisoner lived in my service as porter—he was hired by the week—I lost a waistcoat, which was produced to me on the 27th of august—I had not missed it—it one I wore myself.
GEORGE JOHN RESTIEAUX . I am a policeman. The prisoner was given into my charge on the 27th of August—searched him, and found in his pocket a key—he said he lodged at No. 84, Wardour-street—I went there with the key—his brother produced a box to me—the key opened it, and there I found the duplicate of a waistcoat, and went to Sherwood's, a pawnbroker, in St. John-street-road.
Cross-examined by MR. DOANE. Q. Did he give you a correct account of his residence? A. Yes.
RICHARD CHARLES . I am in the service of Mr. Sherwood, a pawnbroker, in St. John-street-road. I have a waistcoat, which was pawned in July, in the name of John Vardon—I gave this duplicate for it—I cannot say who pawned it.
Cross-examined Q. How long had the prisoner lived with you? A. About nine months—he was employed by my predecessor—I believe he deserved a good a character.
(The prisoner received a good character.)
GUILTY. Aged Strongly recommended to mercy — Confined Six Months.
2094. HENRY ENTWISTLE was indicted for stealing, on the 2nd of September, 1 copper value 2l. 10s., the goods of William Hole and fixed to a certain building, against the Statute, &c.—2nd COUNT, stating it to be the goods of James Henry Entwistle.
JAMES MINORES . I am a policeman. On Friday the 2nd of September, I saw the prisoner in High-street, St. Giles's, about eight o'clock in the evening carrying this copper turned upside down—I followed him down High-street, into Broad-street, into Short's-gardens—I stopped him, and asked where he brought it from—he said from Tottenham-court-road, and he was going to take it to George-street, Oxford-street—I said I thought he had come out of this way—he said he was going after some nails—I asked where he was going for nails—he said he did not know—I said I would go with him, and he went to Brown-street, to his mother's house—I asked her if she knew any thing of the copper—she said not, and I did not expect any thing of the kind to be brought there—I took him into custody, and on the 6th I took the copper to No. 27, Baker-street, Bryanstone-square, and fitted it to hole there—it fitted exactly.
JAMES HENRY ENTWISTLE . I am the prisoner's brother, and am a painter I was at work at 27, Baker-street, at Mr. Hole's house——I was in possession of the house, but was not living in it at the time of the robbery—my brother was working there with me—I remember his leaving on Friday evening, the 2nd of September—I was the last person at the house myself—I looked it up, and went away with the prisoner and another man—the prisoner parted from us in Dorset-street—I knew nothing to this till nine o'clock, when I heard it from my mother—I went to the station-house, and called him an ungrateful vagabond, and asked where he got the copper from—he said from Baker-street—I have seen it matched to the place, and have not a doubt of it.
GUILTY .* Aged Transported for Seven Years.
Before Lord Chief Justice Denman.
RICHARD WELCH . I am a boatman at Paisley, in Staffordshire, in the employ of Massrs. Pickford. On Saturday the 3rd of September I was at the house of Ann Hixson, and saw the prisoner there—I did not know her before—I had no drink myself—half-a-gallon of beer was fetched into the hose—I took two sixpence out of my—I had sovereign a crown-piece,
and three shillings in it—the prisoner was present—I do not know whether she could see the money—the purse was in my left-hand trowsers pocket—I had been drinking before, but had no beer there—I fell asleep in the room, and slept perhaps for three or four hours—the prisoner did not leave before I went to sleep—she was gone when I awoke, and my money was gone—there were others in the room besides the prisoner at the time I went to sleep—I found they were all gone—I gave an alarm about it, and went to search for the prisoner—I saw her late at night against Ann Hixson's door—I asked Hixson if she was the woman I had been seeking, as I was not quite sure—Hixson said she was, and accused her about the money—the prisoner denied it several times—I threatened to fetch the police if she did not give it up—she then gave me 5s. 6d. and cried, and said that was all she had got—she said he had been to the fair, and spent 10s., and did not know what had become of the rest—she did not mention what fair—after she gave me the 5s., 6d., I said if she would make it up to 10s., and make it up 10s., more when I came from my next voyage I would make no more bother about it—she kept telling me she had got no more—she went to the top of the stairs—I thought she was going to get money down to make up the 10s., and asked her if she was going to get me any more—she made use of bad language, and told me to come up stairs, and take it out of her, if I wanted any more—I fetched a policeman, and gave her into custody.
ANN HIXSON . I am a laundress, and wash for the carriers I live in Hullterrace St. Luke's—the prosecutor came to my house on Saturday the 3rd of September—the prisoner was there at the time—he produced a purse—every body present could see he had money—he went to sleep—the prisoner was still there—she sat right opposite him—I was tired myself and went to lie down leaving her in care of the place—after lying down a little while I heard somebody come into my room, and though it was the prosecutor—I turned my head, and saw he prisoner rising up from the side of his person—form the front of him—there was bed in my room, on which I was, and I thought she was taking the boots from under my bed—she went up into her own room, and shortly after she came down and said she was going to the fair—Welch was asleep when she got up from him, and slept some hours—the prisoner asked me to go to the fair, but I refused—when Welch awoke, he asked me for a light to go to the water-closet—I gave him a candle when he returned, accused me of the money,—after eleven o'clock at night the prisoner knocked at the door—Welch met her on the step of the door, and asked if she was the person we had been looking after—I said she was—I then accused her of the money and begged her to give it up, if she knew about it—she denied it very much at first, but at last said, "I have robbed you, and am sorry for it. and 5s. and 6d. is all I have got:" and she gave him the 5s. 6d—he said, if he would make it up to 10s., and promise in my presence to pay 10s. more he would freely forgive her, rather than neglect his work—she said she had no more—that she had been to the fair with George, who she lives with, and had spent the other—she went up stairs, and I heard her say what the prosecutor has stated—I fetched a policeman.
HANNAH JOHNSON . I keep an eating-shop in John's-row at the fair time—the prisoner came there to sup on Saturday, the 3rd of September—there was a boatman with her—the supper came to 1s. 2d., and she gave me a sovereign or half-sovereign, I am not certain which.
Prisoner. It was half-crown. Witness. I am quite sure it was gold.
MATHEW PEAK . I am a policeman. I was sent for to Mrs. Hixson's—an officer had been there before—Welch said if the prisoner would give him a sovereign, he would make it up—she said, if he would wait till Monday, she would pawn her gown to make up the rest of the sovereign—there was 6d. in halfpence on the table she said it was all she had—I found 6s. in a band-box in her room—she said she had pawned her husband's shirt for that.
Prisoner's Defence. I never touched a farthing of money out of his pocket—I went to take the boots—there are many persons in the house besides me—I never said I was going to the fair.
GUILTY . Aged 28.— Transported for Fourteen Years.
Before Mr. Justice Basanquet.
JOSEPH DAVY . I drive a cab, which belongs to David Edward Bucquet. I was on the stand in Holborn, opposite Hatton-garden, on Sunday morning the 21st of August—I came on the stand about one o'clock—about three o'clock I got inside the cab, and fell asleep, being tired—I awoke about five o'clock and missed the bridle, reins, and breeching, which belong to my master—I saw them again before six o'clock the same morning.
Cross-examined by MR. PAYNE. Q. Is Mr. Bucquet here? A. No—I know his name I have worked for him so long—I have seen him sign his name—I did not see the prisoner there that night—I know my harness by a mark on the blinkers—I had had it above three months using it every day—I was in the habit of putting it on myself.
COURT. Q. Had you ever seen the prisoner about there? A. I have seen him twice before, about Holborn.
THOMAS SHEPPARD . I am a policeman. On Sunday, the 21st of August, about half-past three o'clock in the morning I met the prisoner in company with another man, in Benjamin-street Clerkenwell, about a quarter of a mile from Hatton-garden stand—the prisoner was carrying a bundle—I stopped both of them—I examined the bundle, and asked how they came in possession of it—the prisoner said he knew nothing of it, that it belonged to the other one, who gave it to him carry while he filled his pipe—the other one said, "We are going to take it to his brother-in-law in Cow-cross, who is a harness-maker"—I took them both into custody—another policeman came up to assist, and about half way to the station-house the other one knocked me down, and gave me a very violent blow, and made his escape—I showed the property to Davy, and have it here.
Cross-examined Q. Where either of them smoking? A. No, I did not see any pipe at all—I will swear the other man had not got a pipe—I had seen them both before.
Cross-examined. Q. What do you know it by? A. By the crest and a kind of flower, and by other things—there is a red mark down the blinkers.
(The indictment also charged the prisoner to have been previously convicted of felony.)
GUILTY . Aged 22.— Transported for Life.
Before Lord Chief Justice Denman.
GEORGE TUBB . I live near Abingdon. I drive my master's wagon through Hounslow—I saw the prisoner in a brick-field—I stopped at a house to breakfast, and saw the prisoner there—I went to sleep there, and left my clothes safe—the prisoner slept in the same loft—in the morning when I awoke he was still there—I missed my shoes about two o'clock, and a pair I of trowsers, form the loft—I had gone out at seven o'clock in the morning, and left them there—the prisoner was then gone—I returned about two o'clock and they were gone—these are my shoes and trowsers which I left in the loft.
WILLIAM HALL . I am a constable. I was sent for, on the 22nd of August, by the foreman of the brick-kiln where they both work, to take the prisoner—I searched him, an found the handkerchief in his pocket, and a half-crown and 1s. 8d. on him—he said, "That is the handkerchief I took, at the time I took the other clothes, and I sold the clothes to a woman at Hounslow."
LUCY SPENCER . The prisoner brought the shoes and trowsers to my house at Hounslow, on the 22nd of August, between eleven and twelve o'clock I think, and asked if I bought clothes—I said I did—he said he had a pair of trowsers and shoes to sell—I asked if they were his own—he said they were—I asked the reason he wanted to sell them—he said because he had no work to do—I saw they were youth's size, asked him what he wanted—he said 8s.,—the trowsers being worn I could not give it, he then asked me to give him 6s. I said, "No"—I gave him 5s. 6d—these are them.
GUILTY . Aged 17.— Confined One Year.
Before Mr. Justice Bosanquet.
JOHN MEDCALF . I live at Hoxton. On Wednesday, the 31st of August I was in the tap room of the Rosemary Branch, at Islington, and saw the prisoner sitting in the tap-room drinking—he went form the tap-room to where they clean the pots, and returned in two or three minutes with a quart pot under his arm—it was wrapped up in something—I told Williamson and he went after him and brought a quart pot back, and placed it on the tap-room table—he went a second time and brought two pints and one quart back with him, and put them in the place where they clean the pots. Cross-examined by MR. PAYNE. Q. Were you examined twice before the Magistrate? A. Yes—I made the same statement each time—I said I saw him take a pot away in a handkerchief—I get my living by working
hard for my father, who is a master gardener at Hoxton and keeps two or three men—I have worked worth with him ever since I have been born—Williamson was not out above two minutes before he came in again I had not been drinking that night—I had just come from my work, and had just gone into the room—I had nothing but a pint of beer that day.
CHARLES WILLIAMSON I was the Rosemary Branch—in consequence of what Medcalf said I went after the prisoner, and found him on the bridge, about 100 yards off, with a parcel under his arm—I asked him what he had got there—he said he had nothing at first, but afterwards gave me a pot, and began to cry—I said it was very foolish to do any thing of the kind, and he had better go home—I took the pot from him, took it back into the tap-room, and put it on the table—in consequence of what was said to me I went after him again in about two minutes, and found him in Branch-place, by the side of the canal—he had two pint pots in his hand, and one quart he gave me out of his pocket—I felt about him clothes and found nothing—the quart pot was bruised and flattened which he had in his pocket—I brought them back to the Rosemary Branch, took them through the tap-room, and put them on the table in the potshed.
Cross-examined Q. Did anything more take place? A. Yes. I pressed him to go home when I took the three pots from him, but he went to jump in the canal—I took hold of his coat and pulled him back—he was crying about his daughter, who had been drowned about a week before—he said he had lost his only child, that he loved, and did not seem to know hardly what he was about.
JOHN PARROCK . I am a constable. In consequence of what I heard I went to the prisoner's house, and found him in bed—I put my hand on his shoulder and said I wanted him—he said "Very well, I will get up and go with you"—he did not attempt to do so till he saw me looking round the room—I expected to find more pots there—he said "I know what you want with me now, I will dress myself and go with you directly, "which he did—I have the pots, which I received from M'Pherson.
Cross-examined Q. What time was it when you took him? A. A About a quarter after nine o'clock in the evening—I hurried him and said, "Why don't you get up?—he put his foot out of bed and put it in again.
Cross-examined Q. Is your name on them? A. Yes—Williamson brought them to me at the private parlour door—I have known the prisoner about twelve months—he is a labourer, and worked at my house.
CHARLES WILLIAMSON re-examined. After putting the pots into the shed I came through the tap-room—M'Pherson asked me where the pots were—I went and got them, and took them to him—they were the same as I took from the prisoner—there were no other pots there.
Cross-examined Q. Have you ever been in trouble yourself? A. No—I never went by the name of Kirby—I was once in Clerkenwell for two days, for walking along with a young man who had a fowl—he went to sell it, and it was suppose he had stole it—they charged me with being concerned, and I was sent to Clerkenwell, brought to Worship-street, and acquitted, because I knew nothing about it I was never brought into Court about it.
Prisoner I know nothing about it in the world.
(The Prisoner was also charged with a previous conviction.)
Cross-examined Q. How many years ago is it? A. Ten—I am quite certain of him—I have seen him often since—his daughter's drowning herself might have a weight on his mind.
GUILTY. Aged Recommended to mercy Confined One Year.
First Jury, before Mr. Recorder.
2099. WILLIAM PRENDERGAST, GEORGE DRAKER, JANE WATSON , and ELIZABETH EMERY , were indicted for stealing, on the 25th of August 1 purse, value 1s.; 3 sovereigns, 15 shillings, and 4 sixpences, the goods and monies of Marshall Spink, from the person of Mary Spink.
MR. PAYNE conducted the Prosecution.
Mrs. MARY SPINK . I am the wife of Marshall Spink, and live in Grace-church-street. One day last week I was going to Leadenhall-street—I do not recollect what day of the week it was—I had received three sovereigns, and 17s., in silver before I left home—when I had got to Aldgate, a person came and told me my purse had been stolen—I put my hand into my pocket, and it was gone and my money also.
Cross-examined by MR. BODKIN. Q. what time in the morning did you leave home? A. About ten o'clock I suppose and I received the information at twelve o'clock—it was not so late as two o'clock—I do not think I had been out so much as three or four hours before the person spoke to me—I had called at one or two places—the streets were not very crowded—I had not the least apprehension of my pocket being picked—I had accidentally left my umbrella behind me at a place where I had called—I did not say I had lost three sovereigns and two or three shillings—I always said I lost 3l. 17s.
MR. PAYNE Q. Had you a maid-servant with you? A. Yes; but she had gone a little distance for the umbrella.
JAMES CUTHBERT . I am a carman, and drive for my brother occasionally, and am watch-inspector of the ward of Bread-street on the 25th of August I was in a cart in Aldgate, land saw the prosecutrix—I was coming down Aldgate, turning out of the Minories—Mrs. Spink was going towards Whitechapel—I saw the prisoners all surround her at the corner of Jewry-street, Aldgate—all four of them, and another one who is no in custody—I observed the two women and Draker, and Prendergast got before, and prevented Mrs. Spink from going on, in fact obstructed the way altogether, so that she could not get on at all—I watched the women for some time, and saw their hands drop from Mrs. Spink's dress—I saw her dress fall when they took their hands away—it shewed her white petticoat when her dress was up—she had on a black silk gown—it was as if the hand had been introduced under the black dress, as if the dress had been lifted up—I saw the white, and the black drop over it—I got down out of the cart, went to Mrs. Spink, and asked if she had lost anything—on searching her pocket, she said, her purse, containing three sovereigns and some silver—I asked her to stock till I returned—I went to the corner of Houndsditch, and saw Patrick, a policeman, and beckoned to him—I ran, and he followed me down Mitre-street—I had quite lost sight of the prisoners—I turned into Leadenhall-street, and ran pretty fast—I turned down St. Mary-axe, and saw them all five turn out of the court leading out of Burry-street, (I think,)
which leads into St. Mary-axe—that was about a quarter of a mile from where I saw them surround the prosecutrix—this was just before two o'clock—I am sure they were the same persons as I had seen before—I had sat in the car tand observed them some time—I knew them all five, by sight, previous to the transaction—I laid hold of Prendergast, and Patrick took the two women—Draker and the other one turned through the court, and got away—I afterwards saw Darker in custody and identified him.
Cross-examined by MR. PHILLIPS Q. Did tell the Magistrate that you had seen either of them before? A. I do not believe I told the Magistrate that I saw their hands up the prosecutrix's clothes—I saw their hands come from her clothes—I did not see their hands up her clothes and never said I did—I do not believe I used that expression before the Magistrate—if I did, it was a mistake—what I said was taken down in writing and I signed it—it was read over to me, and I was asked whether it was correct.
Q. Did you say before the Magistrate "I observed the hands of the two women up Mrs. Spink's clothes?" A. I might have said such a thing—they were up her clothes for the gown was above the petticoat—the Magistrate asked me if I knew the prisoners before, and I said, I recollect I knew them all perfectly well, and had seen them repeatedly before—I misunderstood your question before—I thought you said had I ever seen the prosecutrix before—I had seen them before at different parts of the City—I have met Prendergast—I have never met the women not separate, not without the whole five being together—I should think I have seen the women for nine or ten months before—I did not know their names—I do not know that I ever spoke to them.
Cross-examined by MR. BODKIN. Q. What are you by trade? A. I am no trade I am inspector of the watch, and act of my brother who is a carman—I was driving a close bodied cart, at least it was not a town-cart—nobody was in it with me—I was sitting in the cart, with thirty cwt. of goods—I was going gently—there were no carriages before me—there were a great many people about, and on horseback, and in carts, as usual—there were persons on the pavement, near the corner of Jewry-street—I should think these person stopped at the corner two minutes—that was all the time I had to observe them—I saw them before they surrounded Mrs. Spink—I stopped when I first saw them surround her—not before—the cart was going at about two miles an hour—I stopped coming along the pavement, a very short distance off, two or three down off—they were coming towards me—they had passed my cart before they got up to Mrs. Spink—I do not know that they knew me—I do not know that they have any reason to know me—they might know me—I knew them very well—it was two or three minutes from the time I first saw them till I got out of the cart—I had no watch in my hand—I looked after them before I spoke to Mrs. Spink to see which was they went—part of them walked and the other part ran—I did not see them lift her clothes up—I saw them surround her at the corner house of the street—she told me there had been no crowd about her—she told me she had observed three women but no men round her—the way I went after them was father than the direct road—they were as near together as they could be when I saw them come out of the court.
three out of the four—I do not recognise Draker—I first saw them in St. Mary-axe they seemed to be stationary—I was at the corner of Houndsditch—Cuthbert beckoned to me, and said he wanted me—I followed him down Mitre-street and Leadenhall-street, into St. Mary-axe, and there saw the prisoners—he went into the middle of the road, and said to me, "That is the party, "pointing to the two females and Prendergast—he went up and laid hold of the man, and said, "You secure the women"—I said, "What for?"—he said "Never mind, I will tell you by and by "—that was in their presence—I secured them, and said, You had better step to the station house, in Gracechurch-street, which we did, and there I said, Now tell me what about have taken them for"—he said, "No, I leave them in your charge, while I go for the old lady"—I asked him what old lady it was—he said "You take care of them till I come back "—and in half an hour he brought the old lady, and asked her what she had lost—she said she had lost her purse—I said "What was in it?"—she said, three sovereigns, and a shilling or two—I then said, "Now I shall search this man"—he said, "Oh I do not accuse the man with robbing her, I do the women"—I searched Prendergast, and found on him three sovereigns, twenty-six shillings, and a fourpenny-piece—I also searched the women's pockets, and sent for a female to search them more particularly but no money was found on them.
Cross-examined by MR. PHILLIPS. Q. You are sure it was after he got to the station-house, at the interval of half an hour, that he asked the lady what she had lost? A. Yes., I was rather more than half an hour there before he returned—I am sure he asked her there what she had lost, as if he did not know what she had lost—he had told me before that that he did not know the particulars—the women came very quietly with me—I did not see any attempt to make away with anything—the woman is not here who examined them.
Cross-examined by MR. BODKIN. Q. Was it before or after Cuthbert said he did not charge Prendergast with robbing the woman, or having any thing to do with it that searched him? A. He never said that he charged Prendergast with it—he said he did not accuse the man of the robbery—he used that expression—it was after that I searched him—he did not resist being searched—he said I should find the three sovereigns, twenty-six shillings and fourpenny-piece—I am not quite certain that he said the amount of silver—I did not hear the prosecutrix give a different account of the money she had lost at any time—I found a paper on Prendergast with "Mr. Dyer Geo. 4th New-street, Cloth-fair," on it.
MR. PAYNE Q. Where was it that Cuthbert said he did not accuse the man of robbing her? A. In the station-house in Bishopsgate-street—I have no particular knowledge of Prendergast—I have seen him passing in the street—I do not know his connexions at all—Cuthbert said he did not accuse him of the robbery, but he thought he was a party—he said he saw him there at that time—he was standing still it in St. Mary-axe—I cannot say which and he was going—he said he was there looking after this public house, and I was desired by the Magistrate to know whether that was the fact.
PHILLIP PARISH (police constable 45.) I apprehended Draker, from the description given at the Mansion-house, at this lodging in Britannia-street, City-road, about nine o'clock in the morning—I told him I had came to apprehend him on a charge of felony, and asked him where his old woman was—the woman who lived with him as his wife—he said she was
gone into the country about a week, on account of her sister dying child-bed, and she was gone to take care of the house—I told him I thought she was in Newgate—he said, "No I think not; and I did not put any more questions to him—I did not know that they lived together as man and wife myself—I took him into custody and told him if he would step to the Mansion-house, I would get the person to see if he could identify him—it was from Cuthbert's description that I took him, and when Cuthbert saw him, he said he was the person.
Cross-examined by MR. BODKIN. Q. When did you take him? A. On the Sunday three days after it happened—I knew his lodging before—I should think he would know the other prisoner were in custody—I had seen him come out of his lodging a few days before by which I knew where he lived.
Prendergast's Defence. I believe my witnesses can prove the three sovereigns to be my property.
Drakes's Defence I know nothing about it, and had nothing about me.
JOHN BRANT . I am tailor, and live in Baldwin-street, City-road. About the 25th of August, Prendergast bought three yards of cloth of me—I paid him three sovereigns that day, but no silver—I have known him between three and four years—I always heard the highest character of him—it was between nine and twelve o'clock in the day.
MR. PAYNE. Q. Had he ever sold you cloth before? A. He has sold me a trifling length—he is not a dealer in cloth—I do not know what he is—he appears to me to live on his means—he brought the cloth to be made up for a suit of clothes, but it was not enough, and he asked me whether I would take it off his hands at 16s. a yard—I paid him three sovereigns, and in return he gave me 12s—I did not make any minute of the transaction—I know the date, it being the day before my girl's birth-day—he might have paid 17s. a yard for the cloth—it would take two yards to make him a coat.
JURY Q. What time on the 25th was it? A. In the morning I should think about ten o'clock or half past—I have been in court and heard the evidence.
COURT Q. Have you had other dealings with him? A. I bought a pair of trowsers of him which he did not like, that is all—I worked for him three or four years—he lives in Westmoreland-street City-road—I do not know bow he gets his living—I never heard of his being imprisoned on a charge of felony.
JOSEPH JAY . I am a turner and live at No.24, Red lion-street, Kingsland-road. I have been acquainted with Prendergast between two and three years—I considered he was living on his means—he had asked me if I knew of any public-house to suit him—he always bore a very respectable character to my knowledge—it considered so.
MR. PAYNE Q. Where did he live? A. In Westmoreland-street—I cannot say whether he kept the house or lodged there—I was never there—I have been informed he had four, five or six hundred pounds left him by a relation who died, and believe there has been more than that—I do not know who told me so—things of that sort pass—he told me so himself, between two and three months ago, in the street, not far from where I live—he has been to my house eight or nine times since I have known him—I never knew him to have been convicted of felony and imprisoned—I never heard it.
MR. BODKINS. Q. He was taking to you about taking a public-house!
A. Yes; and I went to look for a house for him—it was on that occasion he told me he had been left money—that is within two months ago—he always appeared respectable like a gentleman—I always considered he had money.
JOHN RIGBY . I am a silk-velvet weaver and manufacturer, and live at No.4, Nichol-street, Church-street, Shoreditch. I have known Prendergast not more than two years—he always appeared to me independent—he was an upright, honest man—that is what I have heard of him.
MR. PANYE Q. Do you know whether he has got a wife? A. Not that I know of—I never visited him—he was merely an acquaintance—I have frequently met him in the street—I first go to acquainted with him in the parlour of a public-house—I never was at his house or he at mine—I have seen him thirty-eight or forty times—I live three quarters or a mile from him—I never heard he had been convicted of felony, and imprisoned for three months—I will swear I never missed him for three months since I have known him, which is a year and half, or two years.
THOMAS NICHOLLS . I am a silversmith, and live at No. 14, Elder-street. I have known Prendergast about two years, I always considered him an honest man—I know several people who are acquainted with him, and they always spoke well of him, as an honest character.
MR. PAYNE Q. Who has spoken well of him? A. Various people—he was always considered upright and honest—I have heard so at public places of amusement—I have met him at the Ivy House, at Hoxton—I have no other than a public-house acquaintance with him—it continued down to the present time—I never knew him in business—he lived in Westmoreland-street, City-road—I never went to see him—he has been living on his property since I have known him—I never knew of his being convicted—I have to missed him for three months—I have no particularly noticed that.
FRANCIS FAGAN . I was an inspector of police. I know Prendergast, he is not a man of good character—I gave evidence where he was summarily convicted before the Magistrate, and he appealed against the conviction, which was confirmed—I have known him several times in custody on suspicion of felony—I have known him nearly twenty years—I recollect George Alderson having him in custody one, and his being in the custody of Clements and had two months.
MR. BODKIN. Q. How long is it since you were discharged from the police? A. I was never discharged, I may have been suspended once or twice—I am not in the police now, I left it about three months ago—I now follow my business of a mason—I came her to night for my own amusement—I live at No.27, Wellington-street, Newington-cause-way—I have lived there nearly three years, and keep the house—I work for masters—I left the police because I felt myself not so well treated—there was a dispute between the superintendent and me, and I resigned—I have been seventeen years an officer.
JURY. Q. Did you ever know Prendergast in business? A. Never—I always considered he belonged to the swell-mob—I should not have known him but in my capacity as an officer.
Prendergast. It is three years ago.
JURY to CUTHBURT. Q. Did you see Draker in company with the other
prisoners, when the lady was robbed? A. Yes, and I have frequently seen them together before this—I have not the least doubt I shall be able to bring the fifth man to justice.
PRENDERGAST— GUILTY † Aged 48.
DRAKER— GUILTY † Aged 72.
WATSON— GUILTY † Aged 59.
EMERY— GUILTY † Aged 56.
Transported for Life.
NEW COURT.—Thursday, September 22nd, 1836.
Fifth Jury, before Mr. Common Serjeant.
JAMES FELTHAM . I reside on Ludgate-hill, and am a linen-draper. About five o'clock in the afternoon of the 29th of August, I was in High Holborn—I stopped to look at a picture-shop, and felt something at my coat-pocket—I felt and my handkerchief was gone—I saw the prisoner walking from me, and followed him—he began to run—I ran—he threw the handkerchief down, and I secured him—the handkerchief was brought to me—I did not say a word to him, but he said, "It was not me, I did not do it"—I am sure he is the man.
Prisoner I know nothing at all about it—they brought it to him ten minutes after he took me. Witness I followed him close up, and collared him after I saw him throw it down—he ran from the top of High Holborn down Drury-lane, 200 or 300 yard as—I swear he must have taken it, and saw him drop it.
THOMAS CARTER (police constable E 78.) I was in Holborn and was told a gentleman had had his pocket picket—when I came up, the prosecutor had the prisoner by the collar.
GUILTY . Aged 23— Confined Six Months.
The Prosecutor did not appear.
THOMAS GEORGE SIZER . I am shopman to Lawrence Kennedy, of Shadwell, a pawnbroker. On Wednesday, the 24th of August, between seven and eight o'clock, the prisoner was in my shop—I missed some shawls and the next morning, one red and one green—the prisoner came and offered the green shawl to pledge the same morning—I had a private mark in ink on the corner—I can swear that none of my shopmen sold it—I have one besides my self and the boy—I asked where she got it—she said she had bought it of me last Saturday, and gave 5s. 6d. for it—that would be the selling price—I then taxed her with stealing it—she said she had not stolen it—she had not bought it of me, but it was lent her buy another woman, and if I would allow her to go she would fetch her—I allowed her to go, and she came back again and said she was gone, and would come presently—Mrs. Eeles told me she had the red shawl—when she came back I asked her where the red shawl was—she said has had left it at home—I gave her into custody.
Prisoner. I was going up King David-lane and met a man who asked me to have something to drink—I paid for one glass, she paid for another, and not having any more, she asked me to go and pledge that red shawl—If I had stolen it, I should not go again to that shop to pledge it—her name is Mary Ann Thompson.
THOMAS FREDERICK MAY . I am employed in Mr. Kennedy's shop-the prisoner came there and asked me to show her some 1 shawls—I showed her about a dozen and a half of various patterns she noticed a green one, which she said she should like to have—it was this one, or one the very picture of it, and red one but no the one we lost—I did not miss any that night, but the next morning; and when the shawl was offered for pledge, I told Sizer I thought that was the one we had lost.
Prisoner. I never went to look at shawls—I went to a pawn a shirt, and there was a man looking at some shawls. Witness No, it was the prisoner who was looking at the shawls.
SARAH EELS . I live in Hodson's-building Shadwell. I went into the shop and saw the prisoner there—he offered a green shawl to pledge—she said it was learnt to her to pledge, she had something red in her bosom, but what it was I cannot swear—she said would I go with her—I said yes—she asked 3s. on this—the young man said, "Where did you get it from?"—she said he gave him 5s. 6d. for it the Saturday night before—he said it had been stolen, and she went to fetch the person—she came and said the person could not come for minutes—I have known her from a childshe has borne an honest character.
Prisoner There was woman looking at some shawls—I looked at one red one at other side of the counter, but put it down again—what was in my bosom was red pocket handkerchief—Mrs. Thompson sent me to pawn it there were no inquiries made for it.
NOT GUILTY .
HENRY MILLS . I am a coal-heaver and work for Mr. Birkett, of Shadwell On the night of the 6th of September I came on shore, and next night I went to the house we had slept at the night before—the prisoner stood at the door and asked if I wanted lodgings—I said, "Yes"—she said, "Come in here"—I went with her to the door—he said, "Come in"—I went in, and she had about three parts of a pint of beer, which we drank—she said, "If you will stand 1s. for a bed, I will sleep with you"—I got into the bed—she put on my trowsers, which were tied up in a bundle, and said, "I will go and have a fine lark with them"—I never saw her again till the next morning, and then I found my jacket was gone—she was coming in, and I asked her where it was—she would not tell me I sent for the policeman—this is the jacket that I lost—the trowsers are at home—I pulled them off her—she was sober.
Prisoner. He came to the house, and then some neighbours came in with a violin, and had a gallon or two of beer there; and then he said he wanted to go to bed—I did go with him, but did not stay all night—he told me to take the coat to pledge to pay me—I was to call him at six in the morning—I did not take the coat till eight o'clock in the morning.
asked if she knew the prosecutor, who was with me—she said she knew nothing about the jacket or him.
JOSEPH MULVIN. I am a night watchman in the West India Docks. On Monday, the 29th of August, about five o'clock in the afternoon, I saw both the prisoner at the end of No. 3 shed, south side, and watched them—I saw them sitting down at the end of the shed
I saw Smith draw a shirt from the bag. I had seen that bag before—Jones was not then with Smith—he was with him ten minutes before—I took Smith, and brought him to the officer—I took the shirt.
Smith. I was sitting on the deals, and he came to look at me, and then went away—it was the mate of the ship came to me, and I picked the shirt, up from the battens. Witness. I saw him draw the shirt from the bag, and he got half-a-dozen yards form the battens before I took him.
JAMES DUNNETT . I am a night watchman. On Monday afternoon I went and apprehended Jones—I took these two shirts off his back and he had another one on beside—he said they were his own—I said, "Pull them off;" and there was the mark of the prosecutor on them.
Jones I saw them lying in the middle of the road, and put them on.
SMITH— GUILTY Aged 20— Confined three Months.
JONES— GUILTY Aged 17— Confined Six Months.
JOHN MAY . I am a butcher at Twickenham. About eight o'clock on the 28th of August the prisoner came into my shop to buy a piece of salt beef—I afterwards missed a piece of beef, and sent the officer, who took her, and brought back two pieces of beer, which we both mime—I had not sold her either of them.
WILLIAM ALLAWAY (police-sergeant.) I went after the prisoner, who was sitting at breakfast—I asked if he had been to Mr. May's that morning, and bought any thing—she said, "Yes, a piece of salt beef"—I said, "Did you buy any ting else?"—she said, "No, only half-a-pound of beef "—I said, "Perhaps you will show me what you have bought"—she said it was left at her father's—her husband said, "Is any thing the matter?"—I said, "Yes; I came about a piece that was stolen"—he said, "Do you know any thing about it?"—she said, "Yes"—he said, "Did you take it?"—she said, "Yes"—he said, "Why did you do it? you have plenty of money; where is it?"—she said, "In the basket"—I turned out a basket, and found the two pieces of beef in it—I took them to Mr. May—I told the clerk all this in presence of the Magistrate—I did not tell about his saying she had plenty of money—I told the Magistrate—he did not take it down—I told the clerk, and he added it to it.
GUILTY. Aged 23.—Recommended to mercy— Confined Ten Days.
JAMES ZECHARIAH WILLIAMS . I keep a cheesemonger's shop, in Aylesbury-street. On the 29th of August, in the evening, the prisoner came and brought a piece of bacon—as she went out of the shop she took a large piece of bacon besides—I called to her—she did not answer, but kept on—I went and brought her back, and kept her till the policeman came by—this is the bacon—it is mine.
Prisoner. It was under the shop as I went in—as I went out he hallooed after me; as I was going the baker's shop I turned round—he said "Where is the bacon that was here?"—I said, "What bacon"—he took it off basket himself, Witness, No; I followed her several yards, and it was in her apron—I took it out—she was past the baker's before I took her.
GUILTY . Aged 63.— Confined Three Months.
WILLIAM HENRY SHIPWRIGHT . I live with my father, in Great Barlow-street. On the 29th or 30th of August, I met a person in Portman-street, Oxford-street, he asked me where I was going—I said nowhere particular—we walked on down Holborn to Shepherd-street—he the asked me if I would fetch a box from his master's house, which he was going to take to Camden-town in a gig—he said "Come this way," and led me on to Argyle-place, and then he pointed to a white half-fronted house, and said it was next door to that house—I went there, and asked for the box—a lady came to the door, and there was no box there—I returned to where I left him, and he was gone—I had left my jacket with him, as he said I had better pull off my jacket of the stuff in the ox would run out upon it—the prisoner is the person—I am speaking of—I am quite sure of him—here is the jacked—it is mine.
Prisoner. Last week, when my mother was her, she got it out of pledge, and it was returned to the prosecutor.
(The prisoner put in a written Defence, stating that he was in a state of destitution at the time he committed the offence.)
(The indictment also charged the prisoner with having been previously convicted of felony.)
GUILTY .* Aged 17— Transported for Fourteen Years.
(There was another indictment against the prisoner.)
THOMAS HURRELL . I am a shoe-maker, and live in Church-row, St. George's The prisoner came into my employ on the 17th of August, and on the 20th, between two and three o'clock he went away in my absence—I missed to pieces of kit, and a bag, and a pair of Blucher boots—during the afternoon I met the policeman—we got information on the Saturday night, the 21st, and we found him in Harris's-court—we found the 10 pieces of kit in the bag—these are the tools.
MARY BARRETT . I keep the house in Harris—court—the prisoner came to me on Friday night, at eight o'clock and asked for lodgings—I said I was not prepared for him till Monday; and on Saturday he came again, and brought this bag and some things in it—I told him to take them upstairs—nobody went her but the officer.
GUILTY . Aged 18— confined Two Months.
THOMAS HALL . I live in Carey-street, Lambeth, and am a general dealer. I have known Tiller two or three years—on Saturday, the 20th of August I went to Covent Garden market, with my donkey and cart—I saw Tiller there, and employed him to look after my donkey and cart, while I went to pay for my purchases—I returned twice, and he was still there,—I went away again for about ten minutes, and then my donkey and cart and apples, were all gone—the donkey was worth 30s., the cart, 2l. the apples, 15s—I found the donkey at Hoxton station-house, and the cart at Kingsland—I did not see Welsh at the time I lost it—on the 2nd of September I saw him in Broadway, Westminster—I said I had been looking after him a long time, and asked where Tiller lived—he said if I would not hurt him, he would tell me where Tiller was—I went to the West Gallery form what Welsh said, I found Tiller there, and took him into custody, and Welsh too.
WILLIAM BOLTER . I am a wheelwright, and live in Prospect-place, Kingsland-road On Thursday morning the 25th of August the two prisoner came with a donkey and cart to my place, about half-past ten o'clock and asked me to buy the cart—Tiller was the principal speaker—the other was in the cart—I said it did not suit me, there were so many of them stolen—I said, "Is it yours?"—he said, "Yes, it is"—I said, "Is this your name?—there was the name of Hall on it but part of it was broken off—he said it was his cart, and he wanted to sell it, that the might buy a pair of hampers for the donkey as they were going round the country—I said, "You are sure it is your own?"—he said, "Yes"—he wanted 23s.—I said I would not give more than 18s—they said that would do—the other got out, and they came into my shop, expecting to get the money, but I called in a neighbour to mind the cart and donkey while I went to see if I could find Tiller's mother who, he said, sat in Golden-lane, and in going I lost them.
WILLIAM STRANKS (police constable N 155.) I took charge of both the prisoners—in going along welsh said to the persecutor, "If I had known, I would not have told you where the cart was; but if I get off this, it shall be the worse for you."
TILLER— GUILTY. Aged 16—Recommended to mercy.
Confined Six months.
WELSH— NOT GUILTY .
2110. ELIZABETH BUCKINGHAM was indicted for stealing, on the 9th of September, 1 half sovereign, 2 half crowns, and 1 sixpence, the monies of James Parsloe; and 4 combs, value 2s., and 2 shirt-studs, value 5s., the goods of John Congdon Alger, her master: and 1 handkerchief, value 2s., the goods of John Alger.
JOHN ALGER . My son John Congdon Alger Keeps a hair-dresser's shop, in Goswell-road. The prisoner my servant of all work—on the 9th of September I charged her with having stolen some things—she said she knew nothing at all about it—I said a robbery had been commited, I must have her searched—we had lost one half sovereign, two half-crowns a sixpence, four combs and a handkerchief—we found the combs and studs upon her person—they are my son's property—this handkerchief is mine—that was found the next morning, secreted in a cupboard in the kitchen—the money is Mr. Parsloe's.
JAMES PARSLOE . I am son-in-law of Mr. Alger. On Thursday evening I went into my drawing-room and missed from my drawer, a half-sovereign, three or four half-crowns some fourpenny-pieces, and one sixpence, with a hole in it—they had been in a small wooden money-box, which I had been in the habit of putting coins into—on the Friday I searched in the kitchen—the prisoner resides in that part of the house—I found a half-sovereign, two half-crown and the sixpence with the hole in it—they were in the cupboard by the side of the fire—there was another servant, my servant lives in the house—she is here—I found the handkerchief in the cupboard under the paper that had the money it.
CATHERINE STEPHENS . I am servant to Mr. Parsloe. I did not put this money into the cupboard—on Thursday evening I saw the prisoner with a new half-sovereign and some silver—no one but the prisoner and I had any opportunity of putting the money and handkerchief there.
Prisoner The combs found on me I had at Cheshunt—the fellow-servant knows that she used them as well as me—she saw them as soon as I came Witness On the Thursday morning she showed me the back-comb and the two side-combs—I had not seen them before—she told me she had bought two of them—she had been eight days in the house.
GUILTY. Aged 20.—Recommended to mercy. — Confined Two Months.
WILLIAM WHITE . I am a tobacconist, and live in the Strand. I have missed a number of cigars lately—these one hundred are mine—I know them from having had them in my possession a long time, and being a particular quality—I lost one hundred like them from a chest that I had in the shop, from a corner nearest the door, and there was the vacant place where they had been—a man coming into the shop could lift up the lid and take them—the lid at times is open, so that a person going by could see them—I had not sold them, for they are kept for show in that chest, and not for sale—they are a better sort.
JOHN KELLY . I am sixteen years of age, and live in Lincoln-court, Drury-lane Between eleven and twelve o'clock on the 6th of September, I was sitting on some steps in Heathcote-street, Strand—I am generally out there at that time of night because the gentlemen who go to Mr. White's send me on errands—I saw two prisoners and another young man walk backwards and forwards—I saw Davey stoop and lift up the lid, and take out the cigars—I ran and told Mrs. White, and went after them down Bedford-street, Strand, I came back and stopped at the same place for about a quarter of an hour—I was then coming home and saw the two
prisoner, the other one and another coming along—I followed them down to Artichoke-court—I ran to Mr. White's—he and I went and the policeman—they were then gone into the public-house—we went in and took them.
Davey. This other prisoner was not with me, neither do I know him; Witness. I know him by the scar on his eye—he had a black eye, just getting well.
RICHARD GREEN (police-constable F 89.) I went to the public-house and took these prisoners—Kelly pointed them out—Mansfield had a black eye at the time—when I went into the parlour Davey took his hat off, and these cigars tumbled out.
Mansfield. I had been down to Whitechapel to my sister's, and in going back I called in at the Artichoke, and was taken.
DAVEY— GUILTY . Aged 21.— Confined Six Months.
MANSFIELD— GUILTY . Aged 21.— Transported for seven Years.
Prisoner. I merely took them up to look at the name, and had no intention to take them. Witness, She was a quarter of a mile from the prosecutor's, in Northampton-street, but I think she had been drinking.
ELIZA HILL . I am twelve years old. I saw the prisoner put the pots under her shawl, and told the officer—she carried them and put them down in a corner, in Northampton-street, and then she said, "Oh, by G—we won't leave them now we have got them, there is nobody here to see us"—there was another woman with her, but the prisoner had them, and dropped them, and then took them up again.
GUILTY. Aged 33.—Recommended to mercy.— confined Four days.
PATRICK LONG . I live in Tash-cour. About half-past ten o'clock on the 1st of September, I saw the prisoner going out of my yard—he had this headstall rolled up in his smock-frock, but I could not see what it was then—I asked him what he wanted, as I saw him come from the stable—he said he wanted some dung—I took this headstall from him when, he got into Portpool-lane—he took it out of his smock-frock.
Prisoner. I came up from Manchester—I called in at a public-house and a man came and offered it for sale—I gave him 1s. for it, as it was all I had—I went down this yard to speak to a man, and was going on, I took this halter out, and threw it on my shoulder, and they came and took me.
GUILTY . Aged 19.— Confined Three Months.
MARY VESTEY . I am a town-carrier. The prisoner was in my service five or six months—on the 8th of August, he was directed to cart a load of wood from St. Helen's to Newington—he did the load, and came home at night, brought the cart home, and went away with the money—I never saw him from then till the 27th of August—if Meschac Izard paid him any money on the 8th of August, it was his duty to pay me—he has not paid me.
Cross-examined by MR. DOANE. Q. What was he? A. He drove a cart for me—he was authorized to receive money—I remember his coming home late at night—I did not see him—I heard him—this is my business, not Mr. Cobley's—my husband has been dead twenty-one years, and I have carried on the business in my own name—the name of Mr. Cobley was on the cart, but we have dissolved partnership—here is the Gazette—I cannot say whether there is any quarrel between this man and Mr. Cobley—I see Cobley every day—I will swear that Cobley does not now get any share in the profits of the business—I do not know whether Mr. Cobley put a patent lock on the till to prevent my getting at it—when he put the lock on, he took the key and left it with Mr. Brown—I never had any occasion to send to Mr. Brown—I know Mr. Church—we are not good friends—the lock is not on the till now—Cobley does not exercise any control there—I never took the impression of a key on some soap—Mr. Cobley is a carman—after we parted he said he would look after my business.
JAMES TURVEY . I am foreman to Mr. Vestey, she carries on she business—I went with the prisoner with her cart to Great St. Helen's, and made the agreement—he had a load of old building materials to take from there to Stoke Newington—I agreed for 12s. for it with Meschac Izard—I have not received a farthing for it—I did not see him come the next day I should if he had come—he was to come at five o'clock to take out his team.
Cross-examined. Q. You gave this man his orders? A. Yes, and swear I never received the money—I have been rather behind hand in my accounts, and when I have found out the mistake, I have made it good when my wages because due—the prisoner was not taken till a fortnight after.
MESCHAC IZARD . I live in High-street, Stoke Newington. I had a lot of old timber from Great St. Helen's—the prisoner was the carman—I paid him 12s. as we agreed, for the load—I paid him for his mistress—I believe it was as late as ten o'clock in the evening before we had unloaded—I went to get him some bread and cheese, and he was gone—I gave him three pots of beer.
Prisoner. I was intoxicated, and when I came home I did not see my mistress—I put the horses up.
GUILTY . Aged 29.— Transported for Seven Years.
EDWARD HORNE . I am shopman to Robert Walker and three others; they live in Waterloo-terrace, Commercial-road, and are pawnbrokers. On the 23rd of August, I saw the prisoner at their door—she staid a considerable time—I went round, and saw at her back, under her shawl,
a piece of cotton—I still there, and saw another piece of cotton under the front of her—she stood still there, and spoke to me about the wet weather—she drew up her frock to cover the prints—I stood till I saw the policeman go by, which was in about a quarter of an hour—I called him over—she threw down the prints and trowsers—this is the cotton, marked at each corner, and these are the trowsers.
Cross-examined by MR. PHILLIPS. Q. How many persons were in the shop at the time? A. Only the witness—the prisoner was sober—she had been drinking—I do not think she had any shawl on—it was merely a handkerchief, it came down to her waist, and it could conceal these things.
MARY ANN ANDERSON . I live in George-street, Commercial-road I was at Messrs. Walker's—I saw the prisoner stand there, out of the wet—I saw her take down this gown-piece, and a pair of trowsers, and put them under her shawl.
Cross-examined. Q. Where was the shopman? A. Inside the counter, serving me—the prisoner had been drinking, but was sober—she looked very red about the eyes.
Prisoner. I can produce the handkerchief I had on—I could not conceal the print under so small a handkerchief—I never saw the things till they were brought to the office.
JURY to EDWARD HORNE. Q. Where were you? A. Behind the country, till I served the girl, and then came round to the door.
(The indictment also stand that the prisoner had been before convicted of felony.)
GUILTY . Aged 25.— Transported for seven Years.
JOHN PHILIP PERRY . I keep a shop next door to the Crown and Anchor, St. Pancras. The leads of my house and the public-house join, and are only divided by an iron railing—I was serving in my shop on the 5th of September, about half-past eight o'clock, and heard Hardman calling me—I ran up stairs—when I got on the landing, opposite the door that leads to the leads, she spoke to me—I ran on to the leads, and while getting over the iron railing I heard a cry, "Master, master I have got a thief"—I ran in, and several soldiers said, "That is the thief"—I took the prisoner by the collar, and he dropped a child's whistle on the stairs, which I picked up—it is mine—this gown was seen in his possession by the waiter—it is my wife's.
Prisoner. Q. can you swear that the whistle was in my possession? A. Yes. because you dropped it by your side, and I picked it up.
ELIZABETH HARDMAN . I am servant to Mr. Perry. I went up stairs that night—I heard a noise in the room as I opened the door—the table was against it—I peeped in, and saw a foot going out of the windows—I called my master—I saw nothing of the gown—I know it is my mistress's.
RICHARD HATCH . I am waiter at the Crown and Anchor. The prisoner and another man came into our singing-room about a quarter-past eight o'clock that night—they had a pint of beer, and when they drank it, they
went out together—about a quarter of an hour, or twenty minutes after, I was going out of the room door, and saw a person running down stairs as fast as he could, and then I saw the prisoner running down after him, and he had something white—they were running from the singing-room—the leads are even with that room—the prisoner had something, doubling it up—I said, "Halloo I what are you up to?—he said he did not know—he walked back on the leads again—I went up to him, and saw something in his hand—I took hold of his collar, and he dropped it—I thought it was linen, and he came on the passage with me—I hallooed to my master, and while I was hallooing Mr. Perry came over—I delivered the prisoner to him—I went back, and took the gown up, and gave it to my mistress—this is it.
Prisoner. Q. You say, when you took me I had the gown in my possession? A. Yes—you took three steps back, when I took you, and dropped it, and I had hold of your collar—Mr. Perry did not suspect any thing was there—he came over it.
GUILTY . Aged 26.— Transported for Seven Years.
2117. WILLIAM RUDDLE and MARY JONES were indicted for stealing, on the 20th of August 3 sovereigns, 2 £10 bank-notes, and 1 £10 promissory-note, the monies and property of William Henry Nott, from his person.
WILLIAM HENRY NOTT . I live in Pall-mall. On the night of Friday, the 19th of August, I went to the theatre, and afterwards went with some friends to supper at Hemming's, in the Piazza, Covent-garden—I had three sovereigns, two £10 bank-notes, and one country note for £10—I stayed there two or three hours, till two or three o'clock—by that time I had taken a little too much, and instead of going home I took an opposite direction, and went to the east end of the town—I had not much recollection of any thing till I was locked up in Lambeth-street; but when I was properly in my senses, I found myself before the Magistrate, and this money was all gone, and there was one £5 note left to full suspicion—when I recovered, I found I had a £5 note that was new to me—the three £10 notes were gone, and the two or three sovereigns—I had received these £10 notes from Drummond's, at Charing-cross—I can swear to the numbers of the notes which which have been traced—they correspond with the numbers which one of the clerks gave me at the banking-house—there is no clerk here.
Ruddle. Q. Did not the sergeant of police take the number from a note, and put it down for you? A. Not that I know of.
JAMES COOKE (police-sergeant H 7.) On Saturday, the 20th of August, the prosecutor was brought to the station-house quite drunk—he had a £5 note in his pocket—he was put to sleep, and when awake he stated what he had lost—I went to Rosemary-lane, where the officer brought the prosecutor from—I found he had been in company with a soldier and two females in a public-house—I got information from some women who did not know the solider, but knew the prisoner Jones, with whom the soldier cohabited—I went there, and found Jones in a room under her own—I asked who rented the room above—she said a girl who was out; but I sent for the landlord, who said in her presence that she rented it at 3s., a week—I went to that room, and found a gown, a pair of boots, and some calico—I asked her where they were bought—she said they belonged to the girl who was out—in searching the room U found a certificate with the name of "William Ruddle" on it—when I began to search the room, Jones
bolted down stairs—the constable who was with me brought her back—she then said, "I am not to blame for what the soldier did—I had said nothing to her about any robbery then—she said, "I was on the bed, and the solider took the three £10 notes out of the gentleman's purse, and put a £5 note beck"—I at that time, had not told her what my business was but only asked her where the new dress was bought—I then told the landlord what was the matter—he said, "I have got a bundle that a soldier left with me"—he gave me this bundle—I then asked Jones who the soldier was of the name of William Ruddle—I went to the Tower, and found he was on duty in the Bank—I found him there, and saw the officer—I searched him, but could not bring him out on any charge less than murder.
MARY ANN GRIFFITHS . I am single, and live with my sister, as bar-maid, at the Windmill, in Rosemary-lane. At half-past six o'clock in the morning of the 20th of august, the prisoner Ruddle brought the prosecutor into our house—he was very drunk—I refused to serve him—he had a woman and a girl with him, but not Jones—he said that in coming along the gentleman had given him his purse—I saw it—it was green silk—it had a £5 note and a half-sovereign in it—I am sure Mr. Nott was the gentleman, and Ruddle was the man—he asked me to let him leave the purse with me—I said, "No, I will not have his money; he is too tipsy to know what he does"—Ruddle changed the half-sovereign to pay for what they had—he had half a pint of beer, and gave each of the woman a glass of gin.
MARY ANN MCCARTHY . I am single, and live at No. 3, Rose-court, Rosemary-lane. On the 20th of August, about one o'clock in the day, Jones called me—she asked me to get up—she said, "Bill wants to treat you"—I dressed and got up, and Bill (Ruddle) gave me a shilling—he said, "Go and get what you think proper"—I said, I won't go out"—I gave the shilling to a female, to go and bring some liquor—I afterwards went to Mr. Bradley's with Ruddle—I bought there a gown—he changed a £10 note to pay for it—he went and bought a pair of boots for 4s. 6d.
Jones. This gentleman made me a present of a £10 note—in making the bed I found another—I went to the barracks, and gave it to Ruddle.
Ruddle's Defence (written.)About half-past seven o'clock I was coming down Ratcliffe-highway, and met with my prosecutor, in company with two girls of the town—he being much intoxicated, caught hold of me by the arm, and proposed that we should go and have something to drink together, which I agreed to—we were then closely followed by one of the girls, who handed him a purse, and said, "My dear, I won't keep your money from you, but I hope you will pay for something to drink"—he then opened his purse and gave her something, to what amount I do not know, having gone on some distance before them—he then followed me, and on coming up he said, "Soldier, I will go with you and have something to drink, "we then proceeded to Blue Anchor-yard, and he stopped at the yard-side, when I was called into the King of Prussia public-house by a friend to partake of some drink—I then told my friends I had been in company
with a gentleman who was the worse of liquor, and I wished to see after him for safety—on going out I missed him, and I waited full half an hour at the public-house, expecting his return—finding he did not, I went up to Jones's room, and found him in bed with her—I said, "My good Sir, is this where you are having something to drink?"—I at length persuaded him to come away we then proceeded on to Rosemary-lane, and on calling at the Windmill public-house he was accosted by a few woman, who told him he must stand treat—in pulling his purse out to do so, it fell from his hand—I lifted it up, and took out, by his request, half a sovereign to pay for the drink, which I handed to the landlady, and on her returning me the change I placed it in his purse, observing to the landlady that as this gentleman was so much in liquor it would be well for her to take his purse and money in her charge, as I told her he had some property about him—she then asked me if I knew him—I told her I did not, and she replied, "Soldier, the best thing you can do is to gave him in charge to a policeman, "which I agreed to, and she sent for one and gave him in charge—I then proceeded towards my barracks, to attend parade at ten o'clock—on returning, one of my comrades said I was wanted at the canteen, and on going over I found Mary Jones there taking some ale—she then pulled out a Bank-note, which she handed me, asking me what the amount of it was—I told her it was a £10, asking her how she came by it—she said the prosecutor gave it to her—she then asked me if I would get it changed, which I agreed to, and she told me to treat myself to a suit of clothes out of it—I met a man of the name of James Gormly, who volunteered to come and introduce me to a clothes shop—I selected a suit of clothes, but did not pay any money—I went up to Mary Jones's room to return the change, and found her making up the bed—she said she had found on the bed another note like the first, which I found to be the case—she then requested me to purchase her a few articles for her own wear, which I did, and the balance of change out of the two £10 notes, which I received from Mary Jones, to the amount of £12, is in the possession of private John M'Kenny, eighth company Coldstream Guards, the second battalion—this I mention in justice to my prosecutor.
RUDDELL— GUILTY . Aged 32,— Transported for Seven Years.
JONES— NOT GUILTY .
Sixth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 24.— Confined Three Months.
GUILTY . Aged 26.— Confined Three Months.
GUILTY . Aged 26.— Confined Three Months.
HORATIO HUNT . I live with my father, Samuel Hunt, in the Quadrant; he has another house in the Strand; he is a billiard-table-keeper, I never saw the prisoner before he came to the room, on the 29th of August—while I was cleaning the room he began to knock the balls about on the table, which is on the first floor—he did not take up the mace, but used his walking-stick—while I went out for a moment to speak to the boy, the prisoner walked out by me—I went back, and missed the balls from the pockets—I ran after him, but he was gone—the next day the policeman brought the balls.
Prisoner. I bought the six of a Frenchman—when before the Magistrate, he would not swear to them. Witness. No, I would not till I got the callipers to try them—they are two-inch balls.
Prisoner. The poor man was in distress, and going to leave the country—I gave him 10s., for them—a few days after I wanted a little money and pawned them—I have moved in as high a circle as any man in England—I have served my King and country many years.
GUILTY . Aged 40.
Prisoner. I deny that I pawned them.
GUILTY . Aged 40.— Transported for Seven Years.
ANN FINCH. I am in the employ of Mr. Thomas Jackson. He keeps an hotel and coffee-house in Bow-street, Covent-garden, On the 26th of August, the prisoner came and asked for a fruit-pie—I gave it him—he paid me—he asked for a spoon, and I gave it him—he said, "Thank you, that is just what I want"—I then went down stairs for about three minutes—when I came up he was gone—I went to take the plate away, and found a metal spoon instead of the silver one I gave him—I looked on the table and missed four salt-spoons, and one mustard spoon—I found three metal ones left on the table for them, of the same sort as the others were.
(Property produced and sworn to.)
GUILTY . Aged 40.— Transported for Seven Years more.
(There was another indictment against the prisoner.)
SAMUEL PENNY . I am in the employ of Mr. William Butland, pawnbroker, Whitechapel-road, On the 5th of September the prisoner came to pledge an article—I saw she was meddling with some gowns that hung up—when I had served her I missed a gown—I followed her, and asked if she knew any thing of it—she said, "No, "and opened her shawl—I then asked what she had under her dress—she said, "Nothing"—I took up her dress a little, and the sleeve of this gown hung down—I gave her into custody.
Prisoner, This gentleman called me back and accused me of taking the gown, but he did not take one from me.
GUILTY .* Aged 20.— Transported for Seven Years.
THOMES FARRANT . I am a policeman. On the 31st of August I saw the prisoner in company, at half-past ten o'clock, in Oxford-street—I watched them down Regent-street to Mr. Dudley's shop—they stopped and looked in at the window, and then I saw Jones attempt to go in two or three times—they went down Foubert's-passage, and stopped some time at a cheesemonger's—they then went on, and came back to the prosecutor's shop, and I saw Jones go and take a pair of boots—he went to Robinson—I pursued Jones—he dropped the boots—I took them up, and called "Stop thief"—a man took him in my sight—I had watched them from half-past ten till half-past twelve o'clock.
Jones's Defence. I was walking on, and this lad came and asked me the way to Poland-street—I directed him, and that is all I knew of him till I was taken.
Robinson's Defence. A few minutes after I left this young man the policeman came and collared me—I knew nothing of the robbery nor the other prisoner.
JONES— GUILTY .*Aged 19.
ROBINSON— GUILTY . Aged 18.
Transported for Seven Years.
WILLIAM HOWARTH . I attend to the coal business for my mother. On the 29th September, between three and four o'clock, I was in St. James's-street—the officer came and said, "This man has robbed you"—I missed a silk pocket-handkerchief—the prisoner Davis, was taken, and Holmes was on the other side of the way.
Holmes. Q. which side was you on? A. On the left when the robbery was committed, close to you, and on the right you were taken.
TIMOTHY DONOVAN (police-constable G 107.) I was present. The prisoner Holmes passed by us, the lad said, "That man has the handkerchief in his hat, there is a corner hanging out"—I followed, and took his with it—he took the hat off himself, and said he had nothing in his hat but his own handkerchief, and tried to conceal this handkerchief, which is the prosecutor's, under his own—I found this other handkerchief is his pocket, and this one on his neck, and this pencil I took from him, which he said he bought.
Davis's Defence. I was proceeding down St. John-street—the policeman came and took me—I walked to the station-house, and saw this prisoner, whom I had not seen before.
Holmes. I never saw that young man before.
DAVIS— GUILTY . Aged 25.
HOLMES— GUILTY .*Aged 29.
Transported for Fourteen Years.
EDWARD THOMAS SPENCER . I am a case and chest maker, and live in Billiter-street. The prisoner was in our employ about two months—he had 30s. a week—I told we had no further use for him, but I would give him 27s. a week till he could suit himself—on
the 20th of September, he was brought into the counting-house by my foreman, who told him to take off his hat—it was half full of small nails—about 6lbs. 5oz., and worth about 6s.—they were mine—he had not left the premises
ROBERT SALTMARSH . I am foreman to the prosecutor. I had some suspicion—the prisoner had left off work—he went up stairs and got his hat, and went out—I sent the porter after him, and brought him back—these nails were in his hat, they had been in his own nail-box.
Prisoner. I am very sorry—it is the first time.
GUILTY . Aged 67.— Confined Six Months.
2128. JOHN SMITH was indicted for stealing on the 11th of September, 1 plane, value 2s., 6s., the goods of William Franklin; I saw, value 3s.; I screw-driver, value 2s.; I gouge, value 4d.; 2 chisels, value 6d.; 2 gimlets, value 6de; 1 pair of compasses, value 3s.; and 2 bits, value 6d.; the goods of Richard Rowed.
JOSEPH BAXTER . I am a carpenter, and have the care of some houses in Hyde Park-street, Paddington. On Sunday morning, the 11th of September, I was up at half-past six o'clock—I live at No. 12—I heard somebody
in No, 11 house—I stopped outside in the wood-yard, and saw somebody open the door—I could not see any body then—I shifted my position, and got against a gate that opens to the field—shortly after, the prisoner came out of No. 11—I stopped him, and accused him of having some property—he said he had nothing—I saw a bundle in his smock-frock—I clapped my hand to it, and said, "You have got something"—he put his hand in and pulled out a smoothing plane—he said that was all—I said, "You have something else"—he took out a saw, then a screwdriver, and these other things—I had locked the gate on the Saturday night, and the door was fastened with two pieces of wood inside—somebody must have got inside to take away the wood.
GUILTY .* Aged 18.— Transported for Seven Years.
WILLIAM EDMUND RAMSAY . I am in the service of Mr. James Hall's a pawnbroker, in High-street, Marylebone. On the 12th of September the prisoner came there, at a quarter to eight o'clock in the evening, and redeemed a carpet—the young man in the shop returned it to him—this gun was hanging in the shop, against the partition in the counter, about seven or eight feet from the ground—after he was served he lingered about the shop some minutes, and when asked if he wanted any thing else, he said, "No, "he was waiting—in about five minutes I heard a scuffling—I got over the counter and opened the door, and saw this gun standing in a passage—I stood and watched for about a quarter of an hour—the prisoner then came and laid hold of the gun—he had quitted the shop before—I do not know who put it there—other persons might have done so, but no person was there while the prisoner was gone—when he came back he laid hold of then gun—I brought him into the shop—he sat down five minutes in a chair, then got up, seized me by the collar, and attempted to push me away—I found this knife in the chair he had been sitting on—this string was in the nail, and was cut—he said it was very hard for me to accuse him of a thing he was not guilty of—I charged him with cutting the gun down.
Prisoner. What you have said about my collaring you is quiet wrong, I did not; I said, "You ought not to detain me, "and I tried to put you on one side, to pass by you.
Prisoner's Defence. I had a carpet in pledge for 5s.,—I was going to send a little girl down into the country—I wanted a few shillings more—I saw a man, and spoke to him about the carpet—I thought it was worth 1l.—I promised to meet him there at eight o'clock—I redeemed the carpet and paid for it—I said I would wait to see a friend; finding he did not come, I proceeded out to go home—I got part of the way down Marylebone-street, and then thought he might come to the shop—I went back, and put down the carpet, and saw the gun standing there—I
put my hand on it—the shopman asked what I wanted with it—I said, "Nothing"—he accused me of cutting it down.
NOT GUILTY .
JAMES ALDOUS . I am a pawnbroker, in Berwick-street, Soho. The prisoner was in my service for six months—the witness Harris applied to redeem these shirt—we could not find them—they were found in the prisoner's box among his clothes—he lived in my house—he said he purchased them a year and a half ago, in Broadway, Westminster, of a shopman—but he could not tell the name.
Prisoner. I bought four shirts in the Broadway, about the time I mentioned, and I beleived these were them, but they were never found in my box—they were in a bag which his son brought down.
JAMES ALDOUS . They were in his box, in a bag that he had his lines carried backwards and forwards in—they had been kept with our other pledges up stairs in the warehouse on the second floor—the prisoner slept in the shop—one of them was taken out of his box—I am certain I saw it, the other I did not see.
Prisoner, It was taken out of the bag first, and put into the box Mr. Aldous's son.
GUILTY . Aged 23.— Confined Nine Months.
LEONARD HUMPHREYS BAUGH . I live in the Strand, and am a jeweller The prisoner was my porter, and occasionally assisted behind the counter—I had reason to suspect him—I took him, and found some property on him, I went to the residence of a young woman whom he corresponded with and there this brooch and other things were found—this is my brooch—the thimbles I cannot swear to—the boxes are mine.
Cross-examined by MR. DOANE. Q. Had he been in the shop before you sent for the officer? A. He was when the officer came, but when these things were found he was in Bow-street—they were found at No.8, William-street—the prisoner was not there then—I have had other brooches like this, and sold them, but this one was not sold—it is marked"200—it is entered in the book as sold in 1834, but I have a witness to prove that it was presented by the prisoner a month ago—I do not see that it could have been sold, because there is a regular entry in my book of things that are sold, but this has been entered by a false entry—I cannot sat what other people have sold.
Cross-examined. Q. Did you say so at the time? A. Yes—I got them about five or six weeks ago.
(W. Woods and Joseph Hutchings, in the employment of a gun-maker, in Richmond-street, St. James's, gave the prisoner a good character.)
GUILTY . Aged 21.
LEONARD HUMPHREYS BAUGH . The prisoner was my shopman—I missed the spoon, and was convinced it must be in his possession—it was found in his pocket—he was searched on my first floor—it had been among some old silver in the iron chest—it was not bent as it is new when taken from my chest—it has a private mark on it which I put on all my things.
GUILTY . Aged 21.— Transported for Seven Years.
JAMES NOBLE . I am a policeman. On the 3rd of September I met the prisoner about nine o'clock in the evening, in Duke-street, nearly a quarter of a mile from the house where this copper came from—he was carrying it on his head—I asked where he was going with it—he said to North-street—I then asked him where he brought it from—he said, from North-street, and then said he had been to Oxford-street to a man whom he was to deliver it to—I took him to the station-house and then he told me a man had desired him to go to No.1, North-street, and go through the passage, and he would find the copper, and to take it to Oxford-street, where he would find a man to take it—he said his father and mother lived in North-street—I found they lived at the place where the appear came from.
RICHARD BARRETT . This copper in mine—it was fixed in the wash-house at No.1, North-street, where the prisoner's father and mother' lived, but he did not lodge there—he lodged, I believe, in Stephen-street, Lisson-grove—the copper was seen secure about eleven o'clock on Saturday morning—he stole it that night.
Prisoner. I was standing at the corner of North-street, a man came up and said, "Do you want a Job?"—I said, "Yes"—he said, "Carry this to Oxford-street; if I am not there, bring it back; I will he there, and give you 1s."
GUILTY. Aged 20.—Recommended to mercy— Confined Three Months.
GEORGE KEMP . I am a policeman. On the 5th of September I was on duty in Old-street-road, and saw the prisoner, in company with two other persons, loitering about several shops—they came to the prosecutor's—I saw them pass the shop several times—I saw the prisoner stand by the side of the shop—his two companions each took a piece of bacon—I followed, and secured the three in my arms—the prisoner had the two pieces
of bacon under his coat—the others two got away—I kept the prisoner and the bacon.
Prisoner' Defence. I left home on Monday afternoon to go to the fair with six boys—we staid there till dark, and they brought me home down Old-street, and took down six pair of trowsers, and then went on to this bacon-shop, and two of them took two pieces of bacon, which they gave me to carry.
(Thomas Harper, a weaver, of Violet-street, Bethnal-green, gave the prisoner a good character.)
GUILTY .*Aged 17.— Transported for Seven Years.
OLD COURT.—Friday, September 23, 1836.
Fourth Jury, before Lord Chief Justice Denman.
MESSRS. BULLOCK and POULDEN conducted the Prosecution.
NORTON— GUILTY . Aged 63.— Confined Two Years.
POOLEȔ GUILTY . Aged 17— Confined One years.
Before Mr. Justice Bosanquet.
MESSRS. BULLOCK and POULDEN conducted the prosecution.
MARY VALE . I am turned nineteen—I have got my living by service for the last seven years before I came to London—before that, I lived at home with my father and mother at Ely—the last place I lived at was the One Swan Inn—I left that at the beginning of May—in July last I went to Cambridge at the fair—I went to help my brother-in-law and sister, Richard and Mary Goddard, who live there—I have known the defendant Feaks two or three years—he is a wagoner at Mr. Bidewell's, at Ely, and drives from London to Ely—he lived next door to my mother at Ely—he came to my mother's one day and told her he could get us situations—my sister Elizabeth was living at home too at that time—we said we should like a place in London—when I was at Cambridge I expected a parcel from my mother, and went to the Little Rose to ask Feach if he had a parcel from my mother—he said he had not one for me this week, but should have one for me next—he told me he had got me a situation as nurse-maid in the Borough, and one for my sister in the same house, but he did not know what hers was—he said the woman had been there last Saturday, and she would be there as this—I told him I could not. go that Thursday, for I was not ready, but I would have my boxes ready next week—he had asked me if I would go with him, and I told him I could not, as my things were not ready—I told him I would get them ready by next Thursday, when he came up from Ely to Cambridge—I saw him again the Thursday following—I packed my things up, and we got our boxes down by the Little Rose—my sister was with me then—we put our boxes into his wagon, and got is, and came off to London—we arrived at the Catherine Wheel, in Bishopsgate-street,
about half-past four o'clock on the Saturday morning—Feaks said nothing to me about where I was going—we waited till half-past nine o'clock—I then asked Feaks whether the woman was not coming, and he said he had sent a porter for her—we were coming down Catherine Wheel-yard, and saw Mrs. Jones with the porter Pettit—the porter said, "These are the two young girls"—Feaks crossed over the with Mrs. Jones, and when she got to me and my sister, Feaks went away—Mrs. Jones said she was the mistress of the two servants, and she said he would behave well to us, and be like a mother to us—she asked the porter if we had any boxes—he said yes, and he went and fetched them, and told her there was 6d. to pay for their being booked, and she gave him the 6d.—the porter put the boxes into a cab, and then my sister, myself, and Mrs. Jones got in and drove to her house in Lombard-court, Fleet-street—when we got there, she asked us to have some breakfast, and said she thought we must be very tired, and we had better go to bed—we had some breakfast, and half an hour afterwards Feaks came with Pettit, the porter—Mrs. Jones asked Feaks what our carriage was—he told her 6s.—Mrs. Jones said she could not pay him then, but she would pay him, next time, when he brought another girl up—Feaks bid us good by, and said we should not take any hurt—this was Saturday morning—on Sunday morning Mrs. Jones took us both out—we walked up and down Fleet-street with her for about half an hour—on Monday Mrs. Jones introduced a gentleman to me—I was in the kitchen then—I was alone with him—it was about five o'clock in the afternoon—I was up stairs with him in the room called the dining-room—there was a bed in the room—Mrs. Jones bid the gentleman walk up stairs, and bid me follow him—I followed him up upstairs—he settled with Mrs. Jones for the room, and she left the room—after that he called for some negus—I drank some of it, and he drank some—he then wanted me to go on to the bed—I resisted, and would not—I did not go farther than the sofa—then he took other means—* * * * * * *—I was up stairs with him about an hour and a half—I think it was 3s. he paid Mrs. Jones for the room—he gave me 10s. and I gave it to Mrs. Jones—she said she always took the money of all her girls—we remained there a fortnight—on the Saturday following Mrs. Jones said I owed her 17s. for board and lodging—I packed a basket of clothes up that day, and went down into the kitchen, as I wanted to get away—she asked what I was going to do with that basket of clothes—I told her I was going to take them to my mother's to be washed—she said, thought we were country girls, she was as deep as we were, and I was not going out of her house, for I owed her 17s. and she said I might take them up stairs again as soon as I liked, or she would charge the police with me—I took them again—a man named Boswell came there on Wednesday morning, and on the Thursday week following my mother came—I cannot say what money I gave Mrs. Jones altogether while I was there—I gave her money two or three times—I saw other gentlemen besides the one I have mentioned in the same way, and received money from them, which I gave to Mrs. Jones—when my mother came, she found us in bed, and we dressed ourselves and went away with her—I am not in the same state of health as I was before I went to Mrs. Jones's—I am very ill indeed—I hardly know what is the matter with me—I am not in the family-way.
Cross-examined by MR. PHILLIPS. Q. On what day were you born? A. I do not know, I am sure—I am turned nineteen—my mother is here—it was about three months before we went to London that Feaks told.
my mother he had got me a situation—he told me to be ready on the Thursday before I went—I was living with my married sister, in Cambridge, at the time—I told her I was going to London on the Thursday—she is not here—she did not see us off—Cambridge is sixteen miles from Ely—I did not send word to my mother that I was going to London—I found a great deal of difference in London—I had been in London before—I lived at the One Swan, in Bishopsgate-street—Mr. Wells, a Cambridge man, got me that situation—Feaks took me to London that time in his wagon—I did not tell him I was going took me to a situation in London—I did not tell him Mr. Wells got it me, or what I was going to London for, nor whether I was going with my mother's knowledge or not—he spoke to me on the road, but not constantly—an old lady, who came from Dowsham, took me over the road, with my box, to the One Swan—I knew her before—she lived three miles from Ely—the wagon stopped at the Catherine Wheel, just opposite the One Swan.
Q. Were you the person who paid Feaks for your passage, or did your mother pay him before you started? A. I paid him at the Catherine Wheel—I did not tell him where I was going—I had known him or three years—it was in March, this year, that I first came to London—I told Feaks I was going to service—he did not ask where—I lived two months at the One Swan, and returned home by Feaks's wagon—I told him on my way home where I had been living—I went over to him to ask him about my mother—he knew I was in service at the One Swan for two months—it is a public tavern which a number of persons frequent—I was maid of all work, and the only servant they kept—it is not a very large inn—all the wagons stop there, and people sleep there, dine, and breakfast—I did not attend as waiter—the daughter always did that—I did not tell my mother that I was going there to service—I was at Cambridge at the time—I knew I was going two or three days before I went—I lived as kitchen-maid at Emanuel College, at Cambridge—there are a good many young gentlemen in that college—I told my brother and sister I was going to London the last time—I told nobody else—I do not know a young woman named Mary Ann Robinson or Robins, or Jessy Revel—I do not know Francis Freeman, Wright's wagoner—(looking at Robinson) I have seen that girl walking the streets when I lived at Mr. Mordecai's, at Cambridge—Mr. Mordecai is a clerk—I lived with him twice—it was twelve months in all—I do not know that I ever spoke to Robinson—I may have done so in the street—I do not know—I have spoken to her—I spoke to her as I was walking in the fair—she is not acquaintance of mine—she asked how I did—she was no friend, but I knew her by sight—she is a common prostitute—when she asked me how I did, I told her, "Pretty well, "that is all—that was about a week before I came to London, and after Feaks had told me he would take me up on the Thursday following—she was by herself at the time—I never spoke to her in company with any other girl—I don't know who she was with—I did speak to her—she was with a good many people—I never knew her to speak to me before that—she was with more than one girl—I don't know who she was with—she was standing by herself by a stall—there might be another girl in her company—I have told you all I said to her—I was with my sister at the time—I don't know that my sister knew she was a prostitute—I did not tell her she was—she did not ask me—I did not tell Robinson that I was going to London—I don't don't remember the day—I did not walk with her and another woman as far as Emanuel-lane—I know such a place—(looking Jessy Revel) I have seen that young.
woman before—her mother lives in St. Andrew-street—I don't know her name—I have seen her go up Fielder's-passage, and St. Andrew-street—I have heard Mrs. Mordecai say she has a mother—I don't remember that I ever spoke to the girls in my life.
Q. She was not with Robinson then when she spoke to you about your journey to London? A. She might be, or she might not—I know Revel by sight—I don't know whether she was with Robinson—I did not see her—I did not speak to her—Mrs. Goddard and my sister Betsey were with me—these women never asked me about my going to London, and I never told them—I did not ask either of them whether they would so-company me—I did not say if they would I would wait a week for them, nor did my sister Betsey in my presence—I did not say that they wanted ten young girls where I was going—nothing of the kind.
Q. Will you have the goodness to tell me whether you got any dresses while you were at Mrs. Jones's? A. Mrs. Jones bought me a second hand painted muslin dress, a bag, a pair of green shoes, a second-hand parasol, a veil, and a pair of gloves—I did not tell Robinson or Revel that I was to have slap up silk dresses when I got to London—nothing of the kind——I spoke to Robinson in the fair, but never before or since—I did not say that poor girls were not obliged to do in London as they were in Cambridge—I did not tell her I was going to an old bawd's—my sister and I did not meet them the evening before we left Cambridge—I was met in their company at all, neither in the street nor elsewhere—I did not tell them that I had been waiting a week for them—they did not tell me they did not like to go to London as they were strangers—I did not my, "I do not care much about it, if you do it will all he laid-to me"—nothing of the kind—I never wore a ring at Cambridge—I never had one from a persons there, or any where else—I never showed a ring to say body—I never had one with a coloured stone in it—I never showed Jessy Revel nor ever told her I had gone with a gentleman who had no money and he gave me a ring—nothing of the kind—she did nor ask whether it was a good one, and I did not say I was no judge—I never spoke to that girl at all—I was living at Emanuel College half a year as kitchen-maid, and a year at Mr. Mordecai's, and two months in London—I lived at Mr. Fairbeck's for two months—it was a very hard place—I lived at Mr. Catchpole's three-quarters of a year—I lived with a person named Miss Turtle, but not for above two months, for she was a kept lady, and I left her—that was in Willow-walk, Cambridge—from there I went to Emanuel Collage—I do not know any lawyer of Emanuel College—there is none there that I know of—I always slept at Mrs. Arbour's, in Emanuel-lane—not at the college—I never slept on a sofa while I was in service at Emanuel College—I never said so—I did not say I received 5s., for doing so—I never told Jassy Revel that the gentleman who came to visit Miss Turtle gave me half-a sovereign—Mrs. Mordecai found out that Miss Turtle was a kept woman after I was there a months, and I gave her a month's warning—I know Ann Clark—she lives with her mother, who is a shopkeeper at Ely—on the 23rd of last June I went to Cambridge with her by Feak's wagon—my sister and an old lady, named Onyons, went with us—she is a respectable woman for what I know—I never had any conversation with her—I told Ann Clark that I and my sister were going to the fair—we were laughing and talking together.
Q. Did you tell her you were going to the fair to have a d---good flare-up? A. No, nothing of the kind, nor that I was then going to
London with old patty, nor did my sister say so—it is all an invention—I heard Ann Clark say she had lost her clogs, but I had not got them—I do not know who did get them. or any thing about them—I did not see any body take them—I do not know who had them—my sister had a pair of clogs—I cannot say whether they were Clark's—I do not know whether my sister had a pair when she stared—I never saw her have a pair—I saw Clark at Mr. Goddard's house, at Cambridge—he did not turn me and my sister out of his house for our misconduct, nor either of us—Mrs. Onyons lives at Ely—she did not ask my sister and me where we were going—I did not say to her that I was going to the fair to have a d—good flare-up, nor any thing of the kind—I did not use the words flare-up—I did not tell her I was going to London with old Patty.
Q. Do you know Griffith Everett, the boots at the White Hart Inn at Ely? A. No. (looking at him.)—that is Feaks' boy—I know him by coming up with Feaks' wagon—I do not know his name—he was with the wagon when I went to Cambridge with Clark and Mrs. Onyons—I remember stopping at Mr. Prime's in Cambridge—I got out there—I did not say before that boy that I would go to London, but not yet, that I should stop at Cambridge fair; nor that I would go with his master's wagon when I did go—I did not go up to the wagon to the boy for Clark's clogs, nor did my sister—I did not ask him for the clogs and get them, nor my sister, that I know—I went into the kitchen of the house where I stopped—when we came to London the wagon started from the Little Ross—my sister, and I walked on and overtook it on the road—it had got a very little way from Cambridge—I do not remember another wagon joining us at Hoddesdon—my sister Betsey remained in the wagon all the time—that I swear positively—I was in Arbour's service at Cambridge—they are a married couple—he is a shoe-maker—I do not know who lived in Arbour's service before I went there—I remained at my brother's about a week after I left Arbour's—Robinson did not succeed me at Arbour's—no girl was there before I left—I do not know that she did—I never heard is before now—I do not know who got the place—she might be there—I did not hear that she went there, or know it—she might come after I was gone—Mr. and Mrs. Arbour told me were engaged, but did not tell me who to
Q. Did you know what it was the gentleman paid Mrs. Jones the 3s. for before your face? A. He paid her 3s. for the room—I had no suspicion what it was for till after Mrs. Jones was gone—I was very angry with the gentleman for the way in which he conducted himself to me—he gave me the 10s., and I took it—every thing he did to me was against my will—I did not make any objection to taking the money—this was on Monday—the next time I went up to that room with a man was on Thursday—I walked the street in the mean time.
Q. If this happened against your will, and you were decoyed into the house, and violatded in this way, why not tell the police? A. I did not know the police could do any good in it—I went back to Mrs. Jones of any own accord, after walking the street—I never went into any house during my walks in the street—I used to pick up men in the street—I began that on Thursday—she told me to go out and walk up and down, and go in and out—I did not address any men when I was out—on Thursday a man followed me into the house—I did not ask him—he went up stairs with me, and paid for the room before me—what took place on Thursday was of my own freewill.
Q. Do you mean to swear that Monday was the first time you ever had intercourse with any man? A. Yes, it was—my sister Betsey is twenty-one years old.
Cross-examined by MR. CLARKSON. Q. You speak of Wells who got you a situation in London? A. He told me of it—he used to drive a coach from Ely to London—he is a married man—I used to go to Mrs. Wells, and he told me they wanted a servant—that was the first I heard of the place—Wells is not here—my brother-in-law and sister do not keep a regular lodging-house at Cambridge—they used to lodge Mr. and Mrs. King when I was there before—they do not have single young men there—Mr. and Mrs. King were the only lodgers they ever had—I am sure of it—what I said before the Justice was taken down in writing, and read over to me before I made my mark to it—I was asked if it was true, and if I had any thing more to say.
Q. Did you say a word before the Magistrate about wishing to go away, and packing your clothes up, and telling her by washed, to deceive her, &c.? A. No—I never told any body I was in the family way—I had a brother, who was assistant wagoner to Feaks—I did not complain to any body before I saw my mother or Boswell, but kept in Mrs. Jones's house—a woman named Vale came with my mother from Ely—my father and her husband ware own cousins—my mother asked us to go home with her when she came.
Q. Did you state, in answer to that, that you would not go, that Mrs. Jones had behaved like a mother to you, more so than your own mother? A. No. I did not—I did not say that my mother only wanted to get me home for the harvest, after which I should be left to shift for myself, and my sister also—nothing of the kind—my mother wished to get us away from the house—she did not take any thing to eat or drink there—no refreshment of any kind—I swear that positively—I know a woman named Cuttrige—she did not ride in the wagon with us from Ely to Combridge—I have seen her at Ely—she did not ride in the wagon with us last Midsummer fair—she rode on the footboard before the wagon—I do not remember a policeman coming up to the wagon and asking for his dearey—that did not happen—I did not jump out of the wagon and join that policeman, nor go away with him—I did not meet the boy Everett in Cambridge a few days before I came up to London—he did not ask me if I was coming up to London—I did not say, "No, as long as we can get plenty of money in Cambridge"—nor did my sister say so—my sister did not go away with Everett for any purpose on our journey to London—she never left the wagon with him at all—I am quite sure of that—she got out in the daytime to carry a poor woman's child, but not for what you mean.
Q. When did you arrange that you were to have the 10s. from the gentleman? A. I did not arrange it—he gave it to me—I did not know what I was to have—I did not ask him—I did not know the gentleman who kept Miss Turtle before I lived there—nobody came to see her but that gentleman—Mrs. Mordecai did not let lodgings while I lived with her—I first went out for a walk on Sunday with Mrs. Jones—I did not walk out on Monday—I did on Tuesday—I did not walk about the street on Monday after the gentleman had visited me—I cried out, but nobody came to any assistance—any body might have heard me in the house—I do not know any thing about the next house—what happened was against my will—it was not with my good will—I never consented to it—after.
that he ordered a cab, and drove me out—I do not know where we went to—we stopped at some place and had something to eat, and we had a little wine—I did not go into any other bad house but Mrs. Jones's—the gentleman remained with me about an hour and a half—we went out in the cab about seven o'clock, and I was out with him about an hour.
Q. You were very angry with him about what he had done? A. It was no use being angry after it was done.
MR. POULDEN Q. Were you ever in town before you went to live at the One Swan? A. No.—I was there two months—I left on the Saturday, and returned home with Feaks the same day—I did not walk the streets on that occasion—I never went out, only on Sunday to Bishopsgate church—that was the last place I had before I came up with Feaks in July—I was out of place a week, or a little better, before I came to the Swan—Emanuel College was my last place—I was Mrs. Arbour's servant there.
ELIZABETH VALE . I am the sister of the last witness. I live with my father and mother at Ely—I was with my sister at Cambridge in July—I saw Feaks at the Little Rose after I had been at my sister's about a fortnight, and I asked him if he had a parcel from my mother—he said no, he had not, and he said he had got situations for me and my sister—he said my sister's was a nurse-maid's, but he did not know what mine was—it was in the Borough—nothing was said about going to London then—we went the following week, and he said, "Are you ready to go?"—I said "No, we cannot go this week, but will go next"—that was at the same time—next Thursday we took our things up, but the wagon had not get in, and we waited, and when it came we put our boxes in—we waited which he baited the horses, then got in, and came off to London—we arrived at the One Swan, in Bishopsgate-street, about half-past four o'clock on Saturday morning—we staid there till nine o'clock, and asked if the good lady was coming—Feaks said, "Yes, I have sent the porter for her"—Mrs. Jones came by herself—she said she was the person who wanted the two servants—we were coming down the yard—Pettit, the porter, was with her, and he said, "These are the two young girls"—Feaks then came across the road to us—he did not say any thing—he and the porter went away—Mrs. Jones then ordered a cab, and the porter to put the boxes into the cab—he said, "The booking comes to 6d."—he put the boxes in, and Mrs. Jones, my sister, and myself went to No. 2, Lombard-court—Mrs. Jones paid the cab-man, and the porter for the boxes—when we got in it seemed a respectable kitchen, all full of covers all about—she asked us to have breakfast, and said we had better lie down, for we must be tired with travelling on the road two nights—Feaks came there in about half an hour, and the porter with him, I believe—I did not hear them say any thing—I was not in the bar—went into the bar—I afterwards went and lay down—on Sunday Mrs. Jones took us out walking—on Monday she told me to go out walking, and showed me in and, out, and told me which way to go—I went and walked up and down Fleet-street—nothing took place that Monday—on Tuesday I was walking down Fleet-street, and a gentleman followed me into the house—Mrs. Jones told us to go up stairs—she went up with us, and took 3s. for the room—the gentleman ordered some negus for us to drink, and then he wanted me to go on the bed—I resisted, and would not—there was a sofa in the room, and * * * * * * *—after that he got up, and gave me half a sovereign—I gave it to Mrs. Jones—he went away, and I saw no more of him—Mrs. Jones would never let
us go out without giving her the money—I had another gentleman on the Friday—I am rather afraid that I am in the family-way now.
Cross-examined by MR. PHILLIPS Q. Do you know how much money your sister got on the Monday? A. No, I do not—she never told me—she did not tell me that she had any negus when she was introduced to the gentleman—I do not think any gentleman goes up stairs without having negus—I know gentleman always give money—my sister got money—I dare say she got about half a sovereign—I do not know how much he did give her—I never heard from her—we dined about twelve o'clock on Monday—I saw my sister in the house that day—she did not walk out that day I saw my sister in the house that day—she did not walk out that at all—she was as much a stranger in London as I was—I was never in London before in my life—she drank tea in the house on Monday, about five o'clock—Mrs. Jones drank tea with us and two girls who were in the house besides—we were about an hour at tea—it was about six o'clock when we had done tea—I and my sister were together as much as we could be—we remained together that Monday evening after tea—we went to bed about seven o'clock that evening—we slept together—I am sure that we undressed and went to bed together—I and my sister were together from five till six o'clock, taking tea together—we sat chatting together from six to seven o'clock. we then went to bed—that was the first Monday I was in London—there is no mistake about that at all, I am sure.
Q. Now if your sister has taken her oath, that after five o'clock she went out in a cab with a gentleman, and staid out an hour on that very Monday evening, has she sworn the truth? A. I am, very sorry to say it, but I am quite wrong—she was introduced to a gentleman on the Monday, and went out with him afterwards in a cab, and he showed her about, and brought her back again to Mrs. Jones's, as near as I can guess about eight o'clock—my sister was introduced to a gentleman on Monday, I do not know at what hour, I was not at home—I was walking in Fleet-street—I walked up and down, and then went in—we did not have our tea till five o'clock—we were about an hour at tea—my sister had tea with us—we went to bed after tea, and did not go out at all—it was between ten and eleven o'clock next morning that the gentleman followed me in—my sister was up then—we did not walk together when we went to Fleet-street—(we did not go to bed generally till three o'clock in the morning)—I got up between seven and eight o'clock on Tuesday—it was after dinner in Monday that my sister went out in the cab with the gentleman, and after he seduced her—we dined at twelve o'clock.
Q. Do you remember your sister living at Mrs. Mordecai's, at Cambridge? A. Yes—Mrs. Mordecai used to let out lodgings to gentleman of the University, but not when my sister lived with her—I do not know whether I was asked that question before the Magistrate—my sister lived at the One Swan, in Bishopsgate-street, once—the wagon came to the Catherine Wheel—I did not go to the One Swan at all—my sister did not go across the road to see her old mistress—I remember going with my sister to the Midsummer fair at Cambridge—a young girl named Ann Clark and Mrs. Onyons went with us in the wagon—I took care of Clark's clogs for her on the journey, and brought them to London with me, but my mother paid her for them—I did not hear Clark complain of the loss of her clogs—I told my sister I was taking care of them for Clark—my sister and I did not take to Mrs. Onyons about our journey to Cambridge the wagon—we said we were going to see my sister, and that it was the fair—my sister told her she was going to have a good flare-up at the fair—she
laughed and said so—we were all laughing together—I do not think she said she was going to London with Old Patty—I have very heard Feaks called Old Patty—I did not hear my sister says she was going to London with Old Patty.—my sister lived with Mrs. Arbour at Emanuel College—she had another servant in my sister's place when we came away—I do not know the young woman—I know her by sight—I do not know her name nor any thing about her—she had not come before my sister left—we have seen her since in the street—my sister and I were at the fair together—I chatted to various people in the fair—I saw that young woman in the fair, I do not know her name—I never had any conversation with her—she is the girl who got no sister's place after she left Mrs. Arbour's—we had no conversation with her in the fair whatever—she said nothing to me or my sister—she might say, "How do you do?"—my sister did not know her name—she has been a girl in the street, I believe—my sister told me she was the girl who succeeded her at her place—there is an mistake about that—I was at my mother Goddard's house, at Cambridge, about a fortnight—Ann Clark used to visit there—we left my brother's to come to London to this place—we told him that Feaks had got us a situation, and that we were coming to London, and we came from his house—the wagon starts a mile or a mile and a half from my brother's house, from the Little Rose, and we both got in at the Little Rose, where it starts from—there is no mistake at all about that.
Q. If your sister swore you did not get in there, but followed the wagon and overtook it, is that true? A. yes, it is true—we did walk on the road, and get in on the road—I do not know Francis Freeman, belonging to Wright and Shelford's wagon—I do not remember walking with the wagoner—I did not ask half a crown from any body at Hoddesdon for walking out with him in the evening—I never asked Freeman for half a crown, nor any young man—I swear that.
Q. Were you talking out with any body between eight and nine o'clock in the evening of the 8th of July, at a place on the road where all the wagons stop, and where yours stopped among the rest? A. No; I never walked with any young man on the road or in the fields, not coming with the wagon—I did not—I swear that positively—I do not know George Everett by name (looking at him) I do not know that young man—he knows nothing of me, nor I of him—he is the boy who came up when we came along in the wagon—there was a man and his wife, and six children, in the wagon,—I got out of the wagon with the woman. and helped her to carry her child—I did not get out between ten and eleven o'clock at night—I swear that positively—nor was I taken out—I remained in the wagon all night—I rode a little way outside—I cannot tell what o'clock it was—it was night—it was so very full I could not sit for the children when I first got into the wagon—I did keep in all night, but it was the next evening I got out, and rode on the foot-board a little way—after we got in I kept in all night, and my sister too—the second evening I rode by the side of the woman, with her little boy and that lad, outside—it was not very light nor very dark—it was about ten o'clock in the evening, or between and eleven—I got out of the wagon myself—nobody lifted me out—I did not walk with any body—I got out, and got behind, and sat immediately on the foot-board—my sister was in the wagon—no wagoner kissed me or took any liberties with me that night—that I swear.
Q. Will you be good enough to tell me about the house? was it against your will you up stairs with the gentleman? A. I went up with him,
but I resisted after I got up—I went up of my own accord—the gentleman had not said any thing to me in the street before he followed me into the house—I did not know he was following me till I got in—Mrs. Jones asked him to go up stairs—I did not suspect any thing wrong at the moment, till I got into the room—that was on the Tuesday.
Q. I suppose, as your sister and you slept together on Monday night, she told you of the liberty the man had taken with her, and of his giving her the negus? A. No, she did not—we always slept together(—I took the 10s. after I was violated—I told my sister what had happened to me the next day—she did not tell me what had happened to her—Mrs. Jones told me she had been seduced—that was before I was introduced to the gentleman—Mrs. Jones did not tell me how much money my sister had got.
MR. BULLOCK. Q. You say Mrs. Jones had told you what had happened to your sister the day before? A. No, it was the day after I was introduced to the gentleman—my sister and I had been out on the Monday, and Mrs. Jones showed us in and out—it was sometimes quite late before we had tea—sometimes at five o'clock, and sometimes at six o'clock—there was no particular time for having tea—I told my sister on Friday that I did not like my situation.
ANN VALE . I am the mother of Mary and Elizabeth Vale, and live at Ely. In June last my daughters went to Cambridge fair—before that they were living at home—I afterwards heard of their being in London—after hearing that I saw the prisoner Feaks—I beckoned him to me, and he came into my yard—he passes and repasses my house at Ely—there weeks before my girls left Ely he came into my house, and told them he could get them place—he took a direction out of a pocket-book but I did not see it—I saw a ticket, but did not know what it was—I said, "It will be a very good thing if you can get them good place"—when I saw him in my yard I said, "Have you taken my girls to London?"—he said, "Oh yes, I have; and they have got place"—(this was in July, but I do not know the day of the month)—I said, "Have you, indeed? where is it?"—he said, "In the Borough"—I said, "What are they?"—he said, "One will be a nurse-maid; I don't know what the other will be"—he said, "You will have a letter next week, which will let you know how they are, where they are, and what they are—I said, "Thank you, Sir"—I saw Feaks again afterwards, and wanted the letter—he said, "I have not got it for you this week; I was out and about all day, and never saw them"—I said, "I have strong suspicions, from what I have heard, that they are not in proper places"—he said, "That be d—d; they are all right, I'll warrant you, as a trivet"—I said, "I should like to have the direction, that I might write to them—he said, "Direct for Mrs. Jones then, No.2, Lombard-street, Fleet-street"—I said, "Lombard-street, Fleet-street! you told me it was the Borough"—he said, "That be d—d, no such thing"—next morning I went to Boswell, it being Tuesday, and gave him the direction—I asked him to let his boy go and see my children—Boswell lives next door to me—he is a wagoner, the same as Feaks, and drives to the Catherine Wheel from Ely to London—he came back on the Saturday morning, and I saw him, and in consequence of what he said I came to London by his wagon on the Tuesday as he left, and arrived in London on Thursday morning at half-past four o'clock—I went into Spitalfields-market and waited while the wagon was unloaded, and went to Mrs. Jones's as quick as I could—I should not have found her if it had not
been for a policeman—I knocked at the door—she opened the window half-dressed—I asked if Elizabeth and Mary Vale lived there—she said, "Oh, yes—come in"—I went in, and she shut the door to—she said, "Follow me"—I said, "I can't in the dark, have not you a light"—she said, "Cannot you follow me?"—I said, "No, not in the dark"—she said, "Give me your hand, and follow me, I have been washing all night—I get my living by washing"—I went up stairs, and found my girls in the garret in bed with a black girl—one humped out of bed and said, "Here is my mother"—I said, "Yes, here is my daughter"—Mrs. Jones was there—I said, "Dress yourselves directly' I have come for you to go home"—Mrs. Jones said, "Yes, and the best way"—after that Mrs. Jones went down stairs, and I went into the kitchen—a young woman came singing and bawling down stairs, and Mrs. Jones said, "Hush!"—the girl said, "I don't care for any body, I will have a pint of porter directly"—Mrs. Jones said, "You shall have your porter, but hold your tongue; do not take any notice of her; that is my son's wife; they have been abroad—my girls came down stairs by that time, and I took them out into the street—we sauntered about the street as long as we thought proper—I then took them to the Catherine Wheel, and we went home—I bought some victuals, and gave them to eat.
Cross-examined by MR. CLARKSON. Q. I believe Feaks had got your daughter Mary the place at the One Swan? A. Yes; and he behaved very kindly to her, taking her up and down—I do not know why she left the Swan—I believe the work was too heavy—I never said to Feaks, "Where are my undutiful girls gone?"—Mrs. Vale, who is my husband's cousin, went to Mrs. Jones with me—she stood friends to me, as she pretended to be then, but now I suppose she is coming up against these girls—nobody was with me but that woman—she has got a brother, living at the Cross Keys yard—she did not come with me to look for the girls—she asked me to call as I went along to take a cup of tea—she said, "I will go with you and see if we can find Mrs. Jones"—it was in the forepart of July that Feaks told me they were in the Borough, and after they got to London—I cannot tell the day he told me so, but it must have been the first fortnight of July, I think; they came up to Cambridge fair, and were a fortnight and some days there—the fair begins on Midsummer-day—the girls were willing to go away with me—they came out directly I insisted on it—they never objected—they with said, "Pray, mother do not take me into my own town, for I am ashamed to think I have been thus led away"—Mrs. Vale is here—I did not know it till I got here, and saw her in the yard—I went to Guildhall. but did not give my statement there—I did to the City solicitor—I was at Guildhall when my daughter were examined before the Magistrate—I have no doubt the persons who conducted the prosecution knew I was there, but I do not know them—I attended before the Justice to be examined if it was required—I went for that purpose—I heard my daughters examined before the Magistrate, Alderman Thomas Wood—Hodson, the policeman, was with me—the Alderman saw me there—I do not know that Mr. Newman, the City solicitor, did—I did not hear my daughters say that Mrs. Jones had behaved like a mother to them in the house—I think I dare swear it did not happen, but I really do not know, I was so much confused—they begged me not to take them home—they did not say to me, or in my hearing, that Mrs. Jones had behaved like a mother to them—I will swear that if Mrs. Vale asked them it was not in my presence—they did not
say she had behaved more like a mother to them than I had—such a thing was never mentioned—they never said I only wanted them to go home during the harvest, and after that they should be left to shirt for themselves—I do not know Mary Ann Robinson—I never saw Mrs. Arbour in my life—I have heard of her—she is a very good, respectable, nice woman—my daughters told me it was possible they might get places at Cambridge—I never saw Miss Turtle—I have heard of her—I never heard of her before my daughter went to live with her—as soon as I heard what the place was, I made application for her to leave her, and I went to Mrs. Mordecai—I think she had been about four months at Miss Tuttle's but I cannot say—I spoke to Mrs. Mordecai about it—she came home as soon as the month was up—I did not go myself to Miss Turtle's—I do not know what time of year my daughter went to Miss Turtle's whether it was summer or spring I cannot say.
THOMAS BOSWELL . I drive a wagon from Ely to London. I know Elizabeth and Mary Vale, and their mother—on the Monday after the girls went to London, I heard the mother ask Feaks how he left the girls—he said he left them quiet well—he said, "They have got good places in the Borough; one is a nurse-maid's place"—the other was in the same house, but he could not say what capacity it was—about a quarter or half an hour after, Feaks said to me, "I think the girls were very lucky in getting a place the same day they went to London"—I said, "Yes, they were; what sort of a place is it?"—he said, "They tell me it is a regular good place"—I said, "Well, if it is so, it is better for the girls—I said, "It looks queer for girls to go up out of the country, and get a place, not having any character"—he said, "It is a regular stop-up place, they tell me"—on the Monday following, I heard the mother ask Feaks how the girls were—he said he did not see them, but one of them came down to the inn, and left word that they were quite well—he said, "They have got a place in London-street, Fleet-street"—he did not say what the places were—the mother said, "I thought you told me they had got a place in the Borough"—he said, "They did not like that place; they left that, and went to the place in London-street, Fleet-street"—he did not say any more—in consequence of the mother's desire, I afterwards went to Lombard-street, with the porter Pettit—I knocked at the door, and somebody let me in—it was not Jones—I saw both the girls there, and Mrs. Jones—she came to the door, and asked me in—I went in, and she asked me if I would take any thing to drink—I said, "No "—she said, "Will you take a glass of gin?"—I said, "No, "—I sat down a few minutes—the first young woman came to me, and I asked it I could see the other—she said, "She is not up; she is not dressed"—it was about eleven o'clock or later—I saw her afterwards—Mrs. Jones asked me if I could get her two strong hearty girls—I told her that I did not know of any young girls that wanted a place—I have known these girls about two years and three quarters.
Cross-examined by MR. PHILLIPS. Q. When old Mrs. Vale asked Feaks if he did not say that the place was in the Borough, he said they did not like that place, and went to Lombard-street, Fleet-street; was that the answer Feaks made to Mrs. Vale? A. Yes—I never heard him say, "That he d----d I never said any such thing"—I was not before the Magistrate the first time, and did not hear the girls examined.
Cross-examined by MR. CLARKSON. Q. The first Monday was the Monday after the girls went there? A. Yes—I went to Lombard-street on
the Thursday in the second week—Mrs. Vale came up the weeks afterwards—the girl were very well, for what I know when I saw them—I had no conversation with them—I did not ask them to go home with me—they did not express any wish to go home with me—I did not ask if they were well.
MR. BULLOCK. Q. Did you see them alone? A. Yes, I saw one of them alone—she came to me first—I did not see them in Jones's absence.
MR. CLARKSON. Q. If either of them had expressed a desire for you to take them home, would you have done it? A. Certainly I should—I will swear I was not in the room alone with one of them, not by myself, in that house—it was the youngest girl I saw first—I asked her how she was—she said she was middling—I said, "How is your sister?"—she said she was middling, she was not up—this was in a little room on the left hand—Mrs. Jones and the girl were there—I did her good bye, and that is all the conversation I had—she bid me good bye.
JURY. Q. You went for the purpose of taking them home, why not ask them to go home? A. I never had any orders to take them home—I asked the porter who was with me what sort of a house it was, as I thought it looked very queer—I think, in my opinion, from what I saw that it was a bad house.
MR. PHILIPS. Q. Do you know the girl Bates, who came up to London in your wagon? A. She came up with me once—I cannot say how long ago that is—it is since she came up with Feaks—I should think it is six or seven weeks ago—it is since this—she came up with me once before I went to Mrs. Jones's—I cannot tell the day or the month I went there—it was summer—it must have been about July, I cannot exactly say—it is twelve months ago that I brought Bates up to London—she paid me 3s.—I do not know any thing about her father or mother—she wanted to come to London, she said, and I brought her—she is about seventeen or eighteen years of age I should think; I cannot exactly say—Mary Vale has been in the house where I lodge, at Ely, before she came to London—I do not know the name of the street—I have lodged there about two years and a half, or rather better—they call it Nuneham—there are no numbers to the house—I lodged in the back room—I am married—my wife never lived there—she does not live at Nuneham—we are not separated—I do not live with her when I am at home—I go to her if I like—I never saw Mary Vale came to visit any body in the house where I lodged—the woman I lodged with sells bread and small beer—she has come there to buy bread and things—she was never up stairs in my room—I can swear that she did not come to visit me—I don't know any thing about Margaret Bate's father and mother—I have heard people say she has got a father and mother—I did and know any thing about her before I took her to town—she came to the Catherine Wheel with me—she did not tell me to what part of London she was going—I did not ask her—I left her at the Catherine Wheel.
MR. BULLOCK. Q. You say you are a married man, where do you live when at home? A. At Cambridge—when at Ely, I am at lodgings.
RICHARD GODDARD . I married a sister of the Vales, and live at Cambridge. In July last, Mary and Elizabeth Vale were at my house for the last fortnight they were at Cambridge—they left my house to come to London—when they first came to my house, I asked them what they came about—they said Feaks had got them a situation, one as nurse-maid, and the other they did not know what it was to be.
Cross-examined by MR. PHILLIPS. Q. They told you that immediately.
on their coming to your house? A. Yes—my wife has not come to town—I went to the fair with them and my wife, but not always—there was a young man named York with them—I had no quarrel with them at my house—no further than this, there was something said by Mary, and I told her she just not say that; they must not come there if she said it any more—she had said at Ely that she did not like me—there might be something else, but I cannot recollect what it was—I believe it was, she said my head was like a bull's, or something—she did not explain how it was like a bull's to my recollection—I do not recollect her saying I had horns like a bull—I do not know why she said it—I said she must not come there if she said such things about me—she did not mention the name of Crawley, to my recollection.
Q. Did she not give you to understand that your wife, her sister, had been criminal? A. I do not recollect it—I cannot swear she said my head was like a bull's—I heard she had said so—I told her what I had heard—she said, if she did say it she did not recollect, but if she said it it was in a joke.
MARGARET BATES . I live at Ely. I have known Feaks about two years—I saw him at Ely in July last—I do not know what time in July—he asked me whether I wanted a place—I said, "Yes"—he said he had got me a very good place in London, if I thought well to go—he did not say where it was—I said I could not believe it; and he showed me a card, and said he had got the two Vales very good places, and they were doing well; that he was there last week, and he told me to he ready by three o'clock to go with him—I was ready, and came up in the wagon—before I got quite to London, he got into the wagon, and asked if I had got my clothes—I said No; mother would get them ready, and send them after me—he said at Ely that the good lady would pay my fare—I said that my mother would not send my clothes till after I got a good place; and he said the good lady would find me in clothes, and before I had been there long I should wear a veil—that was said in the wagon, near London—when we arrived at the Catherine Wheel, he said he would send for the woman to come—Mrs. Jones came—she asked for Feaks—he was not there; and she came to the kitchen door, and asked if I was she young woman who wanted a place from the country—I said, "Yes"—she asked to speak to me—I went out into the yard and the two young men, the wagoners, followed me—she asked if I would have something to drink—I said, "No"—the young men had something to drink, and they went over the road—that was Lodge and another—I knew Lodge before, but not the other—I went with them over the road—young Lodge then gave me a signal to come out—I came out, and he said something to me, which Mrs. Jones did not hear—she came out and asked me if I was going; and I said, '"No"—I saw no more of her—I went to the Catherine Wheel again; and after a time Feaks came into the yard, and asked me if the woman had been—I said, "Yes"—he said, "Why did you not go?"—I said "Because I did not"—he called me a d----fool—I said I had only got one half-crown in my pocket, but I would go home into the country again—he said, "Very well, "and I went home with him the same night—at the last place in London we got to he sent a boy to ask me if I would go back and try a week, and then I could go home if I did not like it—he did not say any thing to me himself afterwards.
Cross-examined by MR. PHILLIPS. Q. Feaks took you back in the same wagon again? A. Yes—I know where old Mrs. Vale lived at Ely—I
was not living in service at Ely but at Cambridge—I did not know the Vales in Cambridge—I did at Ely—I have been in service we about two months in Cambridge—I have been at home at Ely all my life—I have been in service at Ely—Feaks and I have been very good friends—except my visit to London with Feaks, I had been all my life either at Cambridge or Ely—I am certain that is correct—I understand the answer I have given.
JURY Q. Have you ever been in London before? A. Yes; I have been in London before.
MR. PHILLIPS. Q. What made you say you never went further than from Cambridge to Ely. except coming to London with Feaks? A. I did not understand you—I have been in London twice besides the time I came with Feaks—I did not come for any thing particular—I cannot tell why I came—Boswell brought me to London the first time, that is about a quarter of a year ago—that was the first time I came to London with Boswell, I swear—I came twice with Boswell—I just came to look about London—it is about a quarter of a year ago since I was first in London and the second time was within the quarter of a year—I have a father and mother living at Ely—Boswell knew them quite well—they knew of my coming with him the first time, and they paid him the fare for me, which was 5s.—they did not know of my second journey to London—I came without letting them know—I was not living with them the second time, I was living with Mrs. Cutteridge.
Q. Who is she? A. Why, a common prostitute on the town—after my first journey to London with Boswell I became a prostitute—I was a virtuous girl at the first journey—I went home with Boswell the same night as I came to London the first time—I walked with Frank the wagoner to see London-bridge—Boswell knew what I came to London for, he knew I had never been in London before, and that I had come to see it—I told him as I was coming up that I was coming to see London—I went back to my father's, and staid with him till Ely Assizes—Boswell did and know I had had any misfortune before my second journey—I did not tell him—he took me up for nothing the second time—I never paid him any thing myself at any time for taking me to London.
Q. If Boswell has taken his oath it is ten or eleven months ago since he first took you to London, and you that paid him 3s. yourself, is that true? A. My mother paid him, or else my father—it is about a quarter of a year ago—my mother paid him the 5s. in Ely before I set off the first time, and I paid him nothing the second time—that is true—I went home the same night the second time—I do not remember the words, "Wagoner's fare, "being used—I had nothing to eat on the way, except once at a place they stopped at—Boswell paid for it, I suppose—at that time I was living with Mrs. Cutteridge—he did not know that—I lived there about two months, I think, from the Assizes.
Q. You do not mean to say you lived a virtuous life at Mrs. Cutteridge's? A. I am sorry to say I did that I should not do—it was not often—Mrs. Cutteridge maintained me while I was there—I was living in a state of prostitution for the two months I was there—the last time I camp up with Boswell, was after I came up with Feaks—I cannot tell how long ago it is—it is more than two months ago—I do not think it is three months since.
remember his bringing up the two Vales—they came to the Catherine Wheel—I met the wagon in Kingsland-road, and saw the girls there—we went and unloaded at Spitalfields-market—Feaks said, "You must go up with these two girls, they have got a place; if the woman does not came down, you can go with them"—I said, "Well, I don't mind if they have no luggage to take"—he then said, "You may as well go up and tell the woman to come down for then"—Mrs. Jones, No.2, Lombard-court, Fleet-street, was my direction—I went there, and knocked at the door—Mrs. Jones opened it in her night things—I said, "Mrs. Jones, a person named Feaks wants to see you at the Catherine Wheel"—she asked if there was any body with him—I said, "Two young girls"—she told me she would be down at the Catherine Wheel in about a quarter of an hour—I went back and saw Feaks—Mrs. Jones came down on a cab—she came to me on the opposite side, and sent me up to the Catherine Wheel to tell Feaks to come down, and he came—we went into a public-house—we had a glass of gin, and one of them had a glass—whether it was Feaks or Jones I cannot say—Feaks went to tell the girls to come, and Mrs. Jones gave me 1s. for my trouble—Feaks was gone some time up the yard—I was going to tell him to come down, and I said to Mrs. Jones, "The girls are at the bottom of the gate now," Mrs. Jones called a cab, and got in with the two girls—I went up the yard after the luggage—I said the booking came to 6d.—Mrs. Jones gave me the 6d. to pay it—Feaks came down the yard, and asked where the girls were—I said they were gone away—he said, "The girls are gone, and not paid my fare, and I must go up with you after the money"—I went with him to Mrs. Jones's, and saw her—there was a respectable young man in the house—Feaks said he had come there after his face—Mrs. Jones asked what it was—he said, "6s. 3s. each girl"—she said she could not pay him then, but if he called next Saturday morning when he came up, or sent his porter, he should be sure to have his money—she asked him if he could get her a strong hearty girl from the country, as she wanted another servant, and would be obliged to him—he said he would if he could—next Saturday he brought up Margaret Bates—I was going to Hatton-garden and Shoe-lane—Feaks said, "You might as well call on Mrs. Jones, and tell her I have got a servant for her"—I called, and she came down and gave me a glass of something and 1s.—Bates did not go back with her—Feaks was not in the way—Mrs. Jones did not see him, to my knowledge.
Cross-examined by MR. PHILLIPS. Q. When Feaks said the money was 6s., Mrs. Jones asked of your knew a hearty strong girl, and she wished you would send her one, as she wanted another servant? A. Yes, addressing both Feaks and myself.
Cross-examined by MR. CLARKSON. Q. How long have you been acquainted with the precinct in Question? A. Twenty years—I cannot say the City authorities have known it to be an accommodation-house all that time—it has been so ten or twelve years, to my knowledge—I gave
MR. BULLOCK. Q. Do you know whether any thing followed that information? A. Yes, it was a conviction—Mrs. Jones kept the house then.
MR. CLARKSON. Q. Were you ever in the house yourself? A. Yes, twelve months ago was the last time.
MESSRS. PHILLIPS and CLARKSON addressed the Court and Jury on behalf of the defendants, and called
ELIZABETH ONYONS . I am between sixty and seventy years of age, and live at Ely. I have been in the habit of attending Cambridge marker for the last forty or fifty years, and London also—I have lived in the same house I was born in at Ely all my life—on the 23rd of June I went by Feaks's wagon from Ely to Cambridge—Ann Clark, and Mary and Elizabeth Vale, were also in the wagon—I asked Mary Vale where she was going—she said she was going to Cambridge fair to have a d—good flare-up, and then she was coming to London with Matthew—that is the wagoner, I believe—I have had no acquaintance with the two Vales whatever—Ann Clark had the opportunity, of hearing what the girl said.
ANN CLARK . I live with my mother, a shopkeeper at Nuneham, in Ely—I know the two Vales—on the 23rd of June I went to Cambridge fair by Feaks' wagon, with Mrs. Onyons and the two girls—I heard Mrs. Onyons ask the girls where they were going—Mary said she was going to Cambridge fair to have a d----good flare-up, and then she was going to London—I lost my clogs on that occasion—I have not had them back—I inquired for them—I went to Goddard's house, their brother-in-law's, about them, and I saw Elizabeth Vale—I asked if she had seen them, and she said no.
MR. BULLOCK. Q. Have you any other name than Ann Clark? A. No—I never went by the name, of Crisp—my mother's name was Fleet, but she is married now, and her name is Crisp—I went to Cambridge fair on Thursday afternoon, and came on Monday evening—I have no employment, I live with my mother—I went to see my sister who liver there—she sent for me to see her at the fair—I was only there three days
JESSY REVEL . I live with my mother, in Peel's-court, St. Andrew-street, Cambridge. she trims hats—father is not alive—I knew Mary Vale when she lived with Mrs. Arbour at Emanuel College—she told me that she went to sleep on a sofa with a lawyer of Emanuel College, and she mentioned his name—she pointed out the house to me where she slept with him—she told me about a student of King's College being with her is King's Lawn, and she told me what happened between them, and that he gave her half a sovereign—I know Miss Turtle's house at Cambridge—she told me she lived there—she told me that a gentleman who went with her forgot his purse, and had no money, and that he gave her a ring—she showed it to me—it had a red stone in it—she said did not know whether it was good or not as she was no judge—I remember meeting her in Cambridge fair—Mary Ann Robinson was walking with me—Mary Vale was with her sister Betsey, walking in the fair—Robinson and I spoke to them, and walked with them—Mary said, "I am going to London to-night, will you go with me? I will wait a week if you will say you will go"—I asked where they were going to, and she said, "We are going to an old bawd's"—Robinson heard that—she told me she expected to get silk dresses—I met Mary in St. Andrew-street the night before they set off for London, and she said, "Are you going to London?"—I said, "No"—she said, "You are a d----fool"—she said she had been waiting a week for me—I said, "I do not like to go, as I have no friends there"—she said, "You are d----fools; but never mind, if you go, it will all be laid on me"—I have been brought here at Freaks' expense to give evidence for him.
MR. BULLOCK. Q. When did you tell any body of the conversation you had with Mary Vale? A. To a young girl; we talked of it in the kitchen—it was Robinson who mentioned it.
Q. How was it any body knew you had this conversation with her? A. A gentleman read it in the newspaper, and he found it was the young girl who lived in the kitchen of Emanuel College, and Robinson spoke of it in the kitchen, and said I was there—we told them we knew where she was going, and it was a shame a man should lay in prison for her—I first told Mr. Crake, the porter of the College, about it—he is not here.
MR. PHILLIPS. Q. He sent you and Robinson up to give evidence about it? A. Yes.
MARY ANN ROBINSON . I live with my mother in Cambridge. I went to live at Mrs. Arbour's after Mary Vale left—she knew I had succeeded her—I went the day she left, and saw her there—she had not finished her work when I went—she saw me—I remember being in the fair with Jessy Revel, and met the two Vales—we spoke to them—they said they were coming to London, and going to a place where they wanted several young girls—she said it was at an old bawd's, and they expected to have slap-up silk dresses—the evening before they left Cambridge I was with Revel, and met them—they had asked us the week before if we intended coming to London—when we said we should decline coming, they said were d----d fools—I said I thought we would stop in service and better ourselves at home, and I had no friends in London—she said she had been waiting a week for us, and she did not care much about our coming, for if we had, she should have been blamed for it.
MR. POULDEN. Q. Have you always lived with your mother? A. No—I have lived with my brother, George Robinson, a tailor, in Ram-yard, Bridge-street, and have lived with a person named Grange, and Mrs. Arbour—I never lived at lodgings any where—I lived at Arbour's about six months.
GRIFFITH EVERETT . I was assistant to the prisoner Feaks's wagon till last Midsummer. I have known the two Vales by sight about twelve months or more. On Thursday, the 23rd of June, the day before Midsummer fair, Feaks and I started with the wagon—the two girls came up, and said they wanted to go to Cambridge, and we let them ride—Mrs. Onyons and Clark were there—we stopped at Mr. Prime's, and they got out there—while standing at the door they said they were going to stop at Cambridge fair, and then should go to London with us in the wagon—I remember Clark leaving her clogs behind her—the two Vales came for them, and took them out of Mr. Prime's house—on the road they said they should have a flare-up at Cambridge, and then they should go to London—I remember on our road to London, the Wisbeach wagon joining ours between Enfiled-highway and Ponder's-end—the wagoner lifted Betsey Vale out of the wagon—this was between twelve and one o'clock at night—they stopped behind—it was quiet dusk in the night—I could not see what they were after—they never caught me till I got to Ponder's-end—they were nearly a mile behind—they went away together—his wagon was before mine, and I minded both wagons—I saw Francis Freeman go out with Mary Vale at Hoddesdon—they went down the yard, but were not gone long—I was riding on the foot-board at one time, and after the wagoner left her, at Ponder's-end, she came and rode with me on the foot-board all the way to London.
MR. BULLOCK. Q. Were there any other persons coming by the wagon
besides you and the two girls? A. Yes, a man and woman, and some children—they were in the wagon when she left, and her sister also—Feaks was in the wagon with them, asleep, I believe—they said they were going to live in London, and Feaks said he was going to take them to a place, one as a house-maid, and the other as a nurse-maid.
MARY VALE . I am cousin to the Vales' father. I came with their mother to London, and went with her to Mrs. Jones'—I did not go into the room with her—I staid below—when they came down Mrs. Jones asked Mrs. Vale if she was going to take her daughters home—she said "Yes"—Mrs. Jones said she would have had them gone home six or seven days before, but they did not seem willing to go—when they got out of the door the mother said, "You shall go home with me"—Mary answered, and they both said they would not go home, for they had a room of Mrs. Jones at 1s. week. and Mrs. Jones behaved like a mother to them; she was so kind—after they said so many times they would not go house, the mother said she would leave them in the place till they should get a better place—Mrs. Jones was not present at this conversation—it was in the street.
MR. BULLOCK Q. Did you know Mrs. Jones before? A. I never saw her before—I live at Ely—I came to London to see some friends—I never had any quarrel with the Vales—we were quite friendly—I never saw any thing improper of the girls—I live close by them.
JONES— GUILTY on the Count charging her with keeping a brothel. Confined One Year.
FEAKS— NOT GUILTY .
NEW COURT—Friday, September 23rd, 1836.
Fifth Jury before Mr. Common Sergeant.
2137. JOHN FRENCH HENLEY was indicted for stealing, on the 5th of September, 1 gown, value 1l. 2 sheets, value 12s.; 1 handkerchief, value 2s.; I penknife, value 2s.; 2 pencil-cases, value 4s.; 1 pair of scissors value 2s.; 1 cigar-case, value 2s.; and 3 forks, value 8s.; the goods of Margaret Doyle; to which he pleaded
GUILTY . Aged 32.— Confined Four Months.
GEORGE WILLIAM MOBBS . I am clerk to Mr. John Hunt, of Fenchurch-street, a Custom-house agent. On the 26th of August an order was gives to transfer thirty bags of cochineal from the West India Docks to the London Docks, by Mr. James Hilson's cart—they were Mr. John Hunt's property.
Cross-examined by MR. CLARKSON. Q. Your employer was applied to, to prosecute this case? A. Yes—he declined it—the prisoners are known to me—their elder brother, James, has been Mr. Hunt's carman—they bear good characters, I believe.
JAMES AYRE . I am a delivery foreman at the West India Docks. on the 26th of August I delivered, to the order of John Hunt, thirty bags of cochineal, they had a mark of "S F M "on the and the import number"289"—they
were all cased in gunney bags, and weighed then 1cwt. 1qr. 11lbs. 4oz.
JOHN YOUNG . I am a custody-house officer. It is my duty to come up with carts to the London Docks—I remember this cart coming—Henry Hilson drove part of the way, and Thomas Hilson part—they were both driving in—the Commercial-road, about ten minutes after I left the West India Docks, I got on the top of the cart, and rode to the top of the Commercial-road—I got off there, and followed the cart to the London Docks—I never lost sight of it—when I got there, the shipping officer, Bishop, called attention to one of the bags, which was slack—I called Henry Hilson back, and asked if he knew any thing about how the bag was robbed—he said he knew nothing about it at all—it was cut—I asked him what was the young man's name who came along the road, and drove part of the way—he said he never saw him before, and do not know his name, and do not know any thing about him at all—I am sure Thomas Hilson was the person, and Henry Hilson must have seen him—I went into the searcher's office—the bag was weighed, and about 40lbs. was deficient—I left my papers there, and followed the cart—I detected it before it got out of the Docks, and gave it in charge—I bought the cart back to where the rest of the goods were delivered—I was there searched by the Dock company—when I got down, no one got on the cart—Henry Hilson was driving then—Thomas left us at the top of the Commercial-road—I do not know where he went—when I got down, Henry was driving—Thomas went away—he was not on the cart when I was riding—I never lost sight of the cart from the Commercial-road, and I never saw Thomas come back—he told Henry that he had got another load for him in the London Docks, if he could get there a quarter before o'clock—he asked me the time—I told him it was about a quarter before three o'clock.
Cross-examined. Q. You are an officer of the Dock? A. I am an officer of the Customs—I have been in the lock-up house on this charge—I was sent to protect the goods in the cart—being in the top of the cart, it is not likely that I could see these two bags—when I got off the cart, I did not go away and leave it—I said before the Magistrate, that I did not lose sight of the cart—I went into a public-house to get beer, but I did not lose sight of the cart.
JAMES FOGG . I am a police surveyor. On the 27th of August I took the prisoner Thomas Hilson—I said, "Is your name Hilson?" he said, "Yes"—I said, "You were down the Commercial-road with your brother last night?"—he said, "No" but then said, "Yes"—I said, "I suppose you know your brother is in custody for some cochineal?"—he said, "I have heard of it, have they got the cochineal?"—I said, "Yes, a nose-bag full"—he said, "I only went down the road, and assisted my brother to drive; I left home before he got to the Dock I know nothing of the cochineal"—when I came to the officer with Thomas, I took Henry and said to him, "I have taken your brother into custody"—I said to him, "How did the bag get cut?"—he hesitated some time—I said, "Had your brother any thing to do with it?"—he said, "No"—I said, "Then whose knife cut it?"—he said, "It was my knife, I cut it, and it ran into the noise-bag"—I asked how it was the whole did not tun out—he said it was a bag on the copse, another bag was on it, and it could not all run out; that the officer was on the top, and could not see it—the officer admitted
to me that he went into a public-house, and if he went into the house he described, he could not see the cart at all.
(The prisoners received a good character.)
THOMAS HILSON— NOT GUILTY .
HENRY HILSON— GUILTY. Aged 13.—Recommended to mercy.
Confined Three Months, the last Week Solitary.
JOHN CARR . I keep the Bagnigge-wells skittle-grounds. This is my skittle-ball, I know it by the brands upon it, and six holes in it—it is worth 6s.—we pay 1s. a pound for them new—the prisoner was in the ground, and it was missed a few minutes after he left, on the 7th of September.
THOMAS HAMMOND (police-constable G 209.) I saw the prisoner, offering this ball for sale for 1s. on Saffron-hill—I asked how he came by it—he could not give me any satisfactory account—I took him to the station-house.
Prisoner. I picked it up in the road.
GUILTY . Aged 26.— Confined One Month.
WILLIAM GRINT . I am a shoemaker, and live in King-street, Westminster. The prisoner was in my employ for two months—I sent him, on the 14th of September, to Clarence-terrace, York-road, a pair of boots—I lost some leather—this is it—it was brought to me by the officer.
WILLIAM ISBESTER . I am an officer. I saw the prisoner, on the 14th of September. with this piece of leather in his hand, offering it to a Jew salesman for sale—I took him, and found his master—he told me he lived with Mr. White, but I could not find any such person.
GUILTY. Aged 16.—Recommended to mercy.— Confined Five Days
2141. WILLIAM SAVAGE was indicted , for stealing, on the 29th of August, 5 shirts, value 10s., 7 waistcoats, value 10s. 1 pair of breeches, value 6s.; 1 shawl, value 1s. 6d.; 2 pairs of drawers, value 1s.; 1 coat, value 8s.; 2 jackets, value 4s.; 1 pair of gaiters, value 2s. 1 pair of trowsers value 2s.; 1 key, value 1d., the goods of James Teague.
JAMES TEAGUE . I was postilion to Lord Southampton, but am out of place. I lodged at the Queen's Head, St. John-street, on the 28th of August—the prisoner lodged in the same place, and slept in the same bed—on the 5th of September I looked into my box, and all the things were gone, except a whip and a pair of spurs—it had been locked—he must have taken the key out of my pocket when I was asleep—the key was found on the prisoner at the station-house—I lost five shirts, seven waistcoats, and several other things, which have not been found—these are mine,
GOODWIN SOLOMON . I keep a sale shop in Field-lane. I purchased of the prisoner five shirts, a waistcoat, a pair of trowsers, and a pair of drawers—he said he came from his brother to sell these old clothes.
Prisoner's Defence. The prosecutor went with me to Benjamin's to pawn some things—he put the key into my trowsers on Sunday—on Monday I went out to dinner, and when I came home he asked if I had his key—I said if I had it was unknown to me—I took some of the things to pawn, and the prosecutor was living on the money.
JAMES TEAGUE re-examined. I was not—I gave him orders to sell a great-coat, but never told him to sell or pawn any of these—I never put the key in his pocket on the Sunday night—I asked him if he knew any thing about a pair of trowsers—he denied it, and struck me—I got out of bed and knocked down his trowsers—I took them up, and the key fell out—I put it on the corner of the window—on the Monday morning he went away, and I saw nothing more of him till he was taken.
GUILTY . Aged 22.— Confined Six Months.
2142. MARY ANN HARVEY was indicted for stealing, on the 9th of September, 2 sheets, value, 15s. and 1 towel, value 1s.; the goods of Frederick Calvert; 1 pair of snuffers, value 5s., the goods of James Drury; and three-eighths of a yard of velvet, value 12s. and 1 handkerchief, value 4s. the goods of Alexander Whitehead, her master.
ALEXANDER WHITEHEAD . I live in Lower Grosvenor-street, and am a tailor, The prisoner was my cook—she left about the 9th of September, and I missed several articles, a variety of which have not yet been found—this handkerchief is mine—these two sheets and a towed are Mr. Frederick Calvert's—he lodges at my house—James Drury is his servant—this velvet cut from my piece.
Prisoner. I was lent them by Louisa Wilson, the servant.
CHARLES MAYNARD (police-constable D 124.) The prisoner was given into my charge at the Servants' Bazaar, in Oxford-street—she told me she lived at No. 9, William-street, Regent's Park—I went there with her, by order of the Magistrate—they knew her, but she did not live there—I asked if she had any box there—she said she had not—I found she lived at No. 10, Henrietta-street—I went there, and found a box—I found in it this velvet reticule, and this handkerchief was on the table in the same roomthis towel hung behind the door—the sheets I got from a duplicate which was given to me by a girl at the bazaar—there were five duplicates given by her—these snuffers were found on the prisoner at the station-house.
BRIDGET HOLLAND . I was at the servant's bazaar in Oxford-street—the prisoner saw her master coming—she took some duplicates out and put them in a globe, and I kept it till she was gone, and then showed them to the office-keeper.
(Sarah Bartlett, of Hatton-garden, gave the prisoner a good character.)
GUILTY . Aged 26.— Transported for Seven Years.
2143. ANNETTA MILLER was indicted for maliciously and feloniously, by force leading away, on the 1st of September, a male child, aged four years, the son of Thomas Welsh and Elizabeth his wife, called Thomas, and not baptized, with intent to deprive them of the possession of the said child.—2nd COUNT, stating, her intent to be to steal the clothes.
MARY WELSH . I am the wife of John Welsh, a wine-cooper, of King-street, Soho. I have a son of the name of Thomas Welsh—he is married to Elizabeth—they have a little boy called Thomas, three years and a half old—he is not baptized—I have the care of him—on the 1st of September, between five and six o'clock, he was safe at my house—he went into the street to play—I missed him between five and six, and found him at Bow-street between seven and eight—his clothes were all on when I found him.
Cross-examined by MR. BODKIN Q. The child was in your case? A. Yes—my son was living at a distant place, at No.33, St. Ardrew's-street, Seven-dials—the child has slept in my house ever since it was nine months old—it was quite neglected—I saw the prisoner at Bow-street—I had been in no public-house that day—it is a very populous neighbourhood—the clothes of the child were worth about 1s. 6d. or 2s.
JAMES SOUTHWELL . I live in Moor-street, St. Ann's, Westminster—I keep a grocer's shop. About half-past six o'clock on the night of the 1st of September, I was in my shop, and saw the prisoner pass, and she appeared to be in liquor—that is about fifty yards from King-street—she walked across the street. and stood there a few minutes—the little child was sitting on the steps of a door—I saw her take the child up and carry it off—I do not know that she spoke tom it—the child was quite quiet all the time—she went up Moor-street, and turned round to Greek-street, into Litchfield-street—she then turned off to the back of Newport-market, through Princes-court, and into Porter-street, and from there to Great Newport-street—I there stopped her—she was walking fast, with the child in her arms—I told her to set the child down, and said, "I don't think that child is yours"—she said it was; I might follow her, or go home with her, if I chose—I followed her down St. Martin's-lane, into the Mit✗ public-house, in St. Martin's-lane—I stopped about ten minutes till she came out again—she then went on, down St. Martin's-lane, into Bedfordbury and Bedford-court—there were a good many children at play—she took one by the hand, and it began to cry—I reported in the court that I thought she was a child-stealer—the children all set up crying, "A child-stealer, a child-stealer"—she turned back into Bedfordbury, and there was taken.
Cross-examined. Q. Why she proposed to steal another child while you were following her? A. She did not know I was following her then—she was very drunk, and staggering about—when I spoke to her about this child she persisted in carrying it—she said it was her own—she understood my questions—she could walk very well.
Prisoner's Defence. I was drinking in the course of the afternoon with a woman who had the child—the grandmother was with it when I first saw it—I then saw it by itself, and I thought it lived in Bedfordbury—I was taking it home.
ROSETTA GULLIOT . I am the prisoner's mother. She is married, and is a humane, honest person—she has lately been in the habit of drinking a little—she is not living with her husband, but with me—my husband is a master drover in Smithfield—the child's parents seduced her into the wine-vaults, and kept her there till she spent her husband's money, and then they were taken home quite drunk, and the grandmother was there
too—the prisoner's husband is a master-jeweller, at No. 33, Glo'ster-street, Clarkenwell—he has refused to come forward—she has had no children—they have been married two years last Christmas.
NOT GUILTY .
ELIZABETH STEVENS . I live at Lower Homerton, and am a widow, and a cow-keeper. The prisoner was in my employ—it was his business to receive money, and pay it to me—he has never paid me 10s. 4 1/2d. received from Mrs. Hawkins.
CAROLINE HAWKINS . I am the wife of Henry Hawkins, of London-lane, Hackney. I had my milk of the prisoner, and paid him daily—I never paid him more than 8d. at a time—it was his duty to give it to his mistress—I have paid 10s. 4 1/2d., and more.
ELIZABETH STEVENS re-examined. He should account to me every day, but he let this lady's account stand till it amounted to 10s., 4 1/2d., and said it was not paid—he has not paid me 3s.; 5d. of Mr. Harley's.
GUILTY . Aged 23.— Confined Six Months.
GUILTY .* Aged 47.— Transported for Fourteen Years.
2146. SUSANNAH WEBBER was indicted for stealing, on the 3rd of September, 1 which, value 3l.; 1 watch-chain, value 30s.; 1 seal, value 15s.; 1 watch-key, value 5s.; 1 bag, value 2d.; and 10 sovereigns; the goods and monies of Francisco Pignatelli; and ANN BOULTON was indicted for maliciously and feloniously inciting, &c., the said Susannah Webber to commit the felony aforesaid.
MR. BALLANTINE conducted the Prosecution.
FRANCISCO PIGNATELLI . I am a sailor. I came home about three weeks ago, and am residing at No.19, Providence-street. On Saturday eight, the 3rd September, at ten o'clock, I saw the prisoner Boulton in the King William public-house—she asked me to treat her with a drop of gin, and so I did—I paid for it, and changed a sovereign there—I received the change from the master of the house, and she took two half-crowns out of my hand—I did not give her permission—I asked her to give it to me again—she said, "I won't giver it you again, you come and sleep with me, "—I said, "I won't sleep with nobody"—then she ran away from me—I had known her before, she lived in New Gravel-lane—I went there at half-past ten o'clock the same night—I knocked at the door, and found Webber—her house is about twenty fathoms from where I was drinking—Webber opened the door—I asked where Ann was—she said, "She is not in the house"—it was raining, and I sat down in the chair, and just as I was sleeping, Webber said, "Why do you sleep in this way? You had better go up stairs and lie down on the bed"—I said, "Well, when she comes into the house you call me"—I went up stairs and laid down—I took my jacket, handkerchief, and hat off, and put on the chair, and my waistcoat and watch under my pillow—there was ten sovereigns in gold in a small bag in my waistcoat pocket, and 14s., and some small coppers in the other waistcoatpocket—she took away the last copper—I fell asleep, and awoke at two o'clock in the morning—I heard the watchman sing out, and knocked at the door because I could not open it myself—Webber came up and opened the door—I asked her what time it was—she said, "I think it is two or three o'clock in the morning"—I said, "Well, now I will see what o'clock in is"—she said, "Last night your two shipmates came up stairs to you, and took away your watch and money"—I said, "What business had you to let them come to take my watch and money? that won't do; I suppose you took it to take care of it; if you give it to me back again, I will make you a good present"—she said afterwards, "If you don't knock off that word I will give you something"—I went to the house of my companions, and returned, and told her my shipmates had never been near—she said, "Yes, two of your shipmates came up stairs, and took your watch and money; and when he came down he gave me 1s. as a present"—I said, "I won't do; that is not true; give me my watch and purse, and I will give you a present"—the policeman heard a noise—he came and said "What is this?"—I told him what I accused her of—he overhauled all the house, to see if he could find any thing—she took up a knife, and said, "If you don't knock off that word, I will run you through and though"—the policeman found some of the property under the floor.
COURT. Q. After you went to the house, you never saw Boulton? A. No; for any thing I know, she was gone before I went there.
Cross-examined by MR. BODKIN Q. You told Boulton you would not go to sleep with her at the public-house? A. Yes—there were no other persons there—I had not given her any reason to believe I was going to the house—when I got there I was sleepy—I had not been drinking—I was quiet sober—I sat down because it rained—I suppose I was there a quarter of an hour before she said I had better go up stairs—she did not ask me to stay and sleep till had fallen asleep—she locked the street door, not the room door—I was obliged to knock, because I could not find the fastening in the dark—she locked the street door, and put the key for her breast, and said nobody should come in—I have slept in that house before, with Boulton.
MR. BALLANTINE. Q. Was there any thing else in the bag? A. Yes; the direction of my shoe-maker, which I had put there twelve months ago and a pin.
JOHN FORWARD (police-constable K 181.) On Sunday morning the 4th of September, I went to this house, and there found the prosecutor and Webber—he said to her, "You give me you property, and I will make you a handsome present"—I turned back and said, "What is the matter?"—he said, "A mere nothing; I only want to get my property"—I said, "Tell me the truth"—he said, "I have been robbed of my watch and money"—I searched the upper part of the house, and when I came down she took up a knife and was going to stab him—I ran between them, and took her out to a place in Pennington-street, where she said the shipmates lived—when she saw the man there, she said that was not the man—I locked the house door when I went, and took the key with me—I then returned to her house, and under the floor I found a dirty cloth, and three sovereigns in it, under about a foot of dust—there had been a board fresh broken up—I went again on the Tursday following, and found this card concealed in some foreign grain that was over the first-place—I shook it,
and the card fell out—the prosecutor said, "That is my card"—Webber said that it was her money which she had been saving up.
Cross-examined. Q. Who keeps the house? A. Boulton—Webber lives servant there—it is a low neighbourhood—there are two rooms—it was in the lower one—the money and card were in separate places—supposing the two shipmates went up and took this money, they would have to pass through the lower room to go out—they could not have dropped the card there, for it was concealed away in some foreign grain—they might have thrown it into the fire.
MR. BALLANTINE Q. Was there a fire in the house? A. No.
MARY WHITE . I live in Union-street, Shadwell. On Sunday week, the 4th of September, the Prisoner Boulton came to me at half-past one o'clock in the morning for a bed, and, as such, I granted it—she had no one with her—she slept alone, and paid 1s. for the bed.
EDWARD KENNEDY (police-constable K 228.) On the 4th of September I apprehended Boulton, and asked her why she slept out all night—she said she had her man there, and she was obliged to go to No. 21. Union-street, to sleep with another.
Webber's Defence. These two men came—they were strangers to me—one asked for Francisco—one sat down, and the other went up stairs—then he came down and gave me 1s.—I remained down stairs all the time—I never went to bed at all—when he asked me what had become of his watch and money, I said I did not know any thing about it, without his two shipmates had taken it—the money is my own—I had it three weeks before, from a young man who is gone to sea.
WEBBER— GUILTY . Aged 41.— Transported for Seven Years.
BOULTON— NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
FRANCISCO PIGNATELLI . On Saturday night I met the prisoner—she asked me for a drop of gin—I gave the waiter if the public-house a sovereign—he gave me the change—I was going to put it into my pocket—the prisoner took away two half-crowns—I said, "What are you going to do with these two half-crowns?"—she said, "I want it"—I said, "You give it to me"—she said, "You come and sleep along with me"—I said, "No, I will not, and she ran out of the house.
Cross-examined by MR. BODKIN Q. You had been in the habit of sleeping with her? A. Not this voyage, but before—I had no old scores standing from last voyage.
COURT. Q. Did she endeavour to entice you home? A. No; she ran away, right out of the public-house.
NOT GUILTY .
prisoner was his servant—in consequence of a from my brother, I found that he had lost 33 1/2 lbs. of tallow—I have seen it at the station-house—this is it—I know it from having seen it on the Saturday afternoon preceding the Sunday it was stolen—I noticed these black marks, which are defects in it.
Prisoner. I took one bit to try an experiment at home, the other piece is not yours. Witness. I cannot swear to this other piece, but to this one I can.
CHARLES FRANKLIN . I was on duty in Windsor-terrace, City-road, and stopped the prisoner, coming from Mr. Wilkinson's premises—he had this piece and another with him—I took him back, and he threw one into the vat that was melting while I was there—he ran away, and threw it in, and then I caught him again.
(The prisoner received a good character.)
GUILTY . Aged 40.— Confined Six Months.
2149. JAMES WHITELAW was indicted for stealing, on the 8th of September, 1 brass hook, value 6d.; 3 finger-plates, value 1s. 6d.; 4 lock plates, value 2s.; 2 escutchions, value 4d.; 11 brass table pins, value 2s.; 6 pieces of brass, value 2s.; 2 door-springs, value 10s.; 38 iron buttons, value 2s.; 50 screws, value 1s.; 50 nails, value 6d.; 12 pairs of hinges, value 2s.; 8 locks, value 10s.; 6d.; 1 pair of door-handles, value 9d.; the goods of our Lord the King—2 other COUNTS, stating it to belong to different persons.
MR. DOANE conducted the Prosecution.
DAVID PHILLIPS (police-constable B 15.) I was on duty on the morning of the 8th of September, at ten minutes past one o'clock, in Palace-yard—I went round the shed which is used by the Commissioners of Woods and Forests, and heard a footstep—I saw the Prisoner going from there towards the water side—I went down to see who it was, and saw it was a waterman—I had no suspicion of him then—he called out to a man is a barge, "Go to bed," and some one cried out, "We are just come from bed—he said, "Is that the way you talk to me, your master?"—"Who are you? "cried one, "I will give you a toss for a pot of beer"—I thought all was not right, and I went round the yard, where I found this bundle, near the place where the prisoner had been standing—it contained these brass fittings in a handkerchief—I then looked about the carpenter's shop, and found two bolts, which had been taken out of it, close to the door—I called in M'Carthy—two boards in the shed had been taken down to enable a man to get in—I gave my lantern to M'Carthy to go in, and see if there was any one inside—I did not go in myself—I went round and saw the prisoner standing with another man, near the bridge, having a pot of porter together—I saw these finger-plates sticking out of the prisoner's jacket pockets—I said, "I shall take you on suspicion of breaking open the carpenter's shop "—he said nothing to that—I called a bridge watchman to my assistance, and in going along, the prisoner kept throwing these metal things out of his pockets, which I now produce—I stopped and searched him, and found all these articles which are in this basket—some came out of one of his pockets, and some out of another—he had some of them in his pockets, and some in the waterman's locker, which is about eight paces from the carpenter's shop—I found three keys on the prisoner, one of which opened the lock of the door of the waterman's locker—I found there these brass locks, and some pieces of iron, which I produce—I had not seen the prisoner before that night.
Cross-examined by MR. PAYNE. Q. Did you say a word about the conversation between him and the man before the Magistrate? A. It was taken down—I signed it I saw two boards were taken up—I did not say any thing about that—I left that for M'Carthy—when I searched him he denied all knowledge of it—he made no answer the first time—I was in Palace-yard when this conversation was going on—I was standing close to him—I do not know whether he saw me—his back was towards me—I was alone the first part of this—M'Carthy came about five minutes after I went down—he was on the bed then—the prisoner might be one hundred yards from the place when I took him—I found the bundle close to where he first stood—he walked away.
MALCOLM M'CARTHY (police-constable B 156.) I was on duty at Palace-yard at nine o'clock on Wednesday night—I saw the prisoner in the yard—he was placing some boat sclls there—I said, would it not be better to secure them, as they would be handy to carry away—I saw him again between twelve and one o'clock, placing some boat cushions, or pretending to do so—that induced me to open the locker, when these keys were found on him, and these things were found in the locker—all the things were scattered about in the shed, and a carpenter's basket was there, ready to carry them away in—I found a piece of iron at the bottom of the locker, which I compared with the boards—I found some marks on the boards—the iron broke open the boards, as it appears.
Cross-examined. Q. Is no that locker used in common by the boatmen? A. I heard so—here is the mark that corresponds with the dent in the iron.
THOMAS SMITH . I am a carpenter employed under the Commissioners of Woods and Forests. I had been in the shed at half-past five o'clock on the Wednesday—I left it all safely locked—I went again at six o'clock in the morning, and found it broken open—the property, but there was all taken out of the nail cupboard—I do not know this property, but there was some similar to this in the shed—I missed the whole of it—there were locks similar to these—I missed about that number—there were two door-locks—one was gone similar to this—that never came out of the carpenter's place at all—this was never in the shed—here is one article with an L marked on it with a brad-awl, which I made myself—I have not the least doubt of that—it was found in the prisoner's pocket—there were things like these in the basket in the shed—the whole of them were missed.
Cross-examined. Q. When you left the place at half-past five o'clock, had you seen these things? A. In the afternoon, about four o'clock, I saw the springs and different things—I had not seen the things in the basket for two or three days.
RICHARD WHIBLEY . I live in Whitehall-yard, and am clerk to the Commissioners of Woods and Forests. I have the Act of Parliament here—the Commissioners are Lord Duncannon, Sir Benjamin Stephenson, and Alexander Milne—this shed contained the property of the Commissioners—to the best of my belief these articles, excepting the locks, were in the cupboard that has been named.
Cross-examined. Q. Have you ever been in the cupboard? A. Yes—within a month—no doubt I have seen these things in the shed—my appointment is from the Treasury—I have seen Lord Duncannon and Messrs. Stephenson and Milne—Mr. Phipps gives me directions—I may venture to say he acts under the Commissioners—I know very well he receives his instructions from Sir Benjamin Stephenson—he has told me so.
COURT. Q. Are you employed by the Commissioners of Lands? A. Yes, I have received my wages from their servants—the office is in White-hall-place—I go there for my orders—the cashier of the office pays me—his name is Waller.
MR. STANNILAND. I am a solicitor, employed by the Commissioners of Woods and Forests. The Commissioners are, the Right Honourable John William Ponsonby, commonly called Viscount Duncannon, Sir Benjamin Charles Stephenson, Knt., and Alexander Milne, Esq.
Prisoner. I am innocent of the charge.
(W. Chandler. a shell-fishmonger, of Bridge-court; William George Rolfe, importer of cigars; Frederick Burton, Bridge-court; George Levy, constable of Westminster-bridge; John Kensey, of Chatham-place; and William Wooller, a licensed victualler, of High-street, whitechapel, gave the prisoner a good character.)
GUILTY. Aged 32.—Recommended to mercy by the Jury.
Transported for Seven Years.
JAMES BRADLEY CHAMBERLAIN . I reside in Broad-street, St. Giles's and am a spectacle-maker. At about twenty minutes to eight o'clock in the evening of the 15th of September, I was in my shop—my boy called out, "A man has snatched a gun"—I looked, and saw the prisoner going out with this gun—I pursued and overtook him, and said, "Give me the gun"—he grasped me, and raised the gun—I forced it from him—I am sure he is the man—the policeman came up and took him—when he was brought to my house he treated it with great levity, and said we had spoiled his day's shooting.
GUILTY . Aged 29.— Confined six Months.
GEORGE BUCK . I live in Torrington-square. At half-past three o'clock, on the afternoon of Monday, 12th of September, I was in a small street turning out of Liquorpond-street—I felt a shove, and felt a hand in my pocket—the I felt and the handkerchief were both gone—the prisoner was near me, with his hand in his breeches pocket—I accused him of having it—he made no answer, but walked away, and then ran off as fast as he could—two young gentlemen came up and followed him, and, after a long chase, they took him—this is the handkerchief.
(The prisoner's father gave him a good character.)
GUILTY . Aged 16.— Confined One Month.
MARGARET SANDS . I am the wife of James Sands, of George-street, St. Giles's. The prisoner came to lodge with me on the night of the 8th of September—in the morning she came down stairs, and asked the servant to let her out—"Stop," said she—she went up stairs, and came down, and said the sheets were gone—I found them wrapped round her body,
inside her stays—I believe it was distress made her it—I do not think she had got a shift on.
(The prisoner's father promised to get her into service.)
GUILTY . Aged 18.— Confined Five Days.
CHARLES PARTINGTON . I am shopman to Thomas Marchant of Edgeware-road—he is a pawnbroker. He had this cloak hanging inside the door—I saw it safe about seven o'clock in the evening on the 14th of September—I saw it again when Mr. Gill stated it had been stolen.
Cross-examined by MR. PAYNE. Q. Is there any mark on it? A. I only know it by the appearance—it is a Scotch plaid—we had had it about four months—I feel assured it is ours.
JAMES GILL . I live in Star-street, Paddington, and am a news-agent. I was out this evening, and saw three boys running away with this cloak—Rowley had it—I took it from him, and Gilligan and another were with him—I asked Rowley whose it was—he said his mother's—when they saw me, one of them said, "Cut along."
Cross-examined. Q. How far were you from them? A. I suppose three yards—they were all assisting to roll it up.
COURT. Q. They were apparently acting in concert? A. Yes—I cannot say how far from the prosecutor's door they were stopped—I ran and took Rowley, and the policeman came up—I have no doubt but that Rowley had the cloak when I took him—I saw them running together—I keep a shop and a house—the policeman was opposite the Red Lion at the time they were rolling up the cloak.
Rowley. I did not take the cloak—we were playing at buttons, and another boy said he would give us 2d. to carry it.
GILLIGAN— GUILTY . Aged 12
ROWLEY— GUILTY . Aged 11.
Confined One Month; last week Solitary.
Fifth Jury, before Mr. Recorder.
2154. JAMES KING was indicted for stealing, on the 14th of September, 144 glass bottles, value 1l. 19s.; and 2 baskets, value 2s.; the goods of John Richards and another, his masters: and JOSEPH TAME and JAMES SMITH were indicted for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c,—Another COUNT, for feloniously receiving of an evil-disposed person, well knowing them to have been stolen; against the Statute, &c.
MESSRS. BODKIN and CHAMBERS conducted the Prosecution.
HENRY CHARLES BARKER (police-constable H 26.) On the 14th of September I was set to watch in Goodman's-yard, which runs from the Minories into Prescott-street—I observed a van of Mr. Richards's driven by the prisoner King, about half-past four o'clock, coming in a direction towards the Minories—twelve prickles were in it—he stopped at the stable belonging to Mr. Tame—when he came opposite the stable he gave the reins to a little boy who was sitting on the van with him, and he got down, he then went
behind, to the tail of the van, and took out the hindmost prickle on the near side—he took it on his back, and carried it up between two dead walls, to Mr. Tame's stable door—the prisoner Smith stood at the stable door, and helped him with it off his back—it was taken into Mr. Tame's stable—Smith gave him an empty prickle—he brought that out and put it into the van, and drove away—I watched him—when he got to Petticoat-lane he again gave the reins to the boy, got into the van, and began to take bottles out of the other prickles, and put them into the empty one—I followed him on to Messrs. Richard's—he afterwards went with an empty van to Irongate Wharf—I watched him from there, with a full van, again to the same place—he came away with twelve prickles, and again went to Goodman's-yard—he stopped, and gave the reins to the boy, and got down, he took the hindmost prickle as before, put it on his back, and went to the stable—I could see into the stable—I saw a man there, (whom I believe to be Tame, but I could not swear to him,) harnessing a horse—after this full prickle had been carried in, King brought out an empty one, and moved the hind one, and put that behind it—I watched the van the second time, and saw the same thing occur again—I followed the van to Mr. Richards's were-house the second time—I then tapped King on the shoulder, and side, "You have been robbing your master of bottles"—he said, "What?"—I told him he had been robbing his master—I took him into the counting-house and told Mr. Richards what I had seen—he gave him into custody—the cart arrived at Goodman's-yard at half past-four or a quarter to five o'clock—I afterwards went to Tame's house with Mr. Richards and three officers—I took Tame—he was standing at the door—that was about half-past six o'clock—the road from the Ironagte Wharf to Mr. Richards's is not through Goodman's-yard—it is not much out of the way—it was not the direct way.
Cross-examined by MR. PAYNE. Q. Were you employed by Mr. Richards to watch this man? A. No—I was sent by the Inspector—I went in plain clothes—I had no communication with Mr. Richards before this—when the first prickle was taken no one was there but Smith, at Tame's stables—when I asked Tame if his name was Tame, he said, "Yes"—I did not know him before—I seached his stable—I could not see what kind of bottles were conveyed from the van on the first occasion—I could see they were bottles—I was about fifty or sixty feet from the stable door—they were in an open basket, and appeared to me to be large glass bottles—this was all in broad day-light—I could not tell whether they were old or new—I searched the following morning—Tame was then in custody, and saw most of what took place—I asked Tame about the loft, and heard him say something about straw.
Cross-examined by MR. CHURCHILL. Q. When the tail-board was taken down, how was the horse standing? A. Towards Prescott-street—that is not an unusual way of unloading a cart—the two walls are eight feet apart, so that he could not have driven the cart down there—the van was the usual height, about seven feet—I was standing on no eminence—I was able to see the prickles because they stood above the van—I was thirty of forty yards from him when I saw him changing the bottles—I am confident I saw him shifting the bottles out of the prickles into this one.
JAMES RICHARDS . I am in partnership with my father. His name is John—our premises are in Raven-row, Spitalfields—we deal in bottles to a considerable extent-we take the whole that one manufacturer makes in the north—on the 11th of September, I spoke to the police, and desired
an officer to be stationed at Goodman's-yard—King was carman from five to seven year—on that day there was a vessel unloading at the Irongate Wharf, containing bottles, and among others beer-bottles—King was sent with our van that day to fetch loads off that wharf, not beer-bottles only—he went six or seven times before any communication was made to me—we have a clerk at the wharf to see the prickles property loaded—six dozen of beer-bottles should he in each prickle, and twelve prickles in a van—that is the proper ordinary load—about five o'clock that afternoon I received a communication from the officer Barker—in consequence of that, King was taken and brought to our counting-house—my father gave him in charge—he was told he was taken into custody for delivering bottles at Tame's stables—he said he knew nothing about it—I went to Tames's—he is a wine-cooper and bottle-marchant—his house is in Prescott-street—he has a warehouse in Goodman's-yard, and a stable there—we found him at his door—Barker asked him if his name was Tame—he said, "My name is Tame"—the officer was in plain clothes—he said, "I must take you into custody for receiving bottles stolen from Mr. Richards"—he said. "What bottles? I know nothing about any bottles?"—I then went to the stable—Them went with me in custody—I asked him, "Have you a loft?—he said, "Yes, I have"—"What is in it?"—he said, "Nothing but hay and straw"—I said, "We must search it"—Smith was found at the stable and taken, and a man named Butler was taken, but discharged the same evening—we went up stairs into the loft—I did not minutely search it that evening, but I found a large bin of bottles, and ascertained they were our property—I drew samples from various parts of the bin—I did not examine every bottle—I have brought samples from the bottles in our bulk, and, from what were found there, my belief is, that there cannot be a doubt on the mind of any one, after looking at them, that they are the same—the greater portion of them were made at one particular manufactory, and no other bottles are permitted to be sent from there to any other person in town—they are under a heavy penalty not to do it—the samples are here—the bottles found in that bin were wine-bottles—they were different sorts, disposed in different layers, and of two different manufactories—the ship they were unloading that bin what day was from our manufacturer—we found different qualities—we had vessels unloading the day before, and on the Wednesday—King had been employed in carting these bottles, and we found them placed in the bin in the same order that King had to remove them from the ship, from two different vessels—that bin was not covered over—we found a variety of other bottles on a subsequent search on the premises—we found some that had the bloom on them, at his house, and in the loft—they had not been used—there is no way of restoring that bloom—we send no bottles out with that bloom on them—they are all washed and cleaned—there are six bottles of one sort to the gallon, and some four—we found some we call pale claret bottles, which I believe are of a shape and quality peculiar to our house—they are designed for Bucellas and pale brandy—this is one that we found, and this is one from our warehouse—the bloom is produced by the sulphur that comes from the coals—we remove it by vitriolic acid and water—it is a difficult thing to remove—103 dozen bottles were found on Tame's premises—I received information which led me to the house of James Goss, shipchandler, and exporter of wine, beer, and spirits—I found twenty-four dozen bottles there of the kind that were landed on the 14th, and which King was employed to convey-that would be the quantity contained in four
prickles—King had been seven times that day I think—I afterwards counted the quantity of beer-bottles in the stock at our warehouse, and found a deficiency of twenty-four dozen, corresponding with the quantity found at Goss's.
Cross-examined by MR. CHURCHILL. Q. Were you at your warehouse all that day? A. Yes—I did not send King—he knew it was his duty to go—I ordered him the evening previous, and not that day—the freight is paid by us—it had not been paid at the time of King's apprehension—it is always paid when the cargo is told out and delivered.
Cross-examined by MR. BALLANTINE Q. The only means you have of knowing your bottles is from the confidence you have in the manufacturer? A. No; the particularity of their shape, quality, and colour—I have never seen others like them—my transactions in the trade are to some extent, and the produce of most glass-houses in the kingdom come under my observation in the course of a year—I never send any bottles out with the bloom on them to any customers in London—we are in the habit of exchanging bottles sometimes with other warehouses, and then they these pale bottles, that they could not have come into the prisoner's hands in that way—we found six dozen of the pale claret bottles at the prisoner's—they were unloaded from the same ship on the Monday, and they came from our manufacturer—unless they break their contract it is impossible they can come into other people's hands—the vessel, which was unloading, was employed solely in bringing these bottles—it is chartered by our house—I identify the bottles found at Mr. Goss's by their corresponding in every respect with the others that we received—I had not seen them before they were at Mr. Goss's—I found twenty-four dozen deficient in our stock, which had not been delivered that day,
COURT. Q. Were the prickles delivered at your premises? A. Yes—their contents were twenty-four dozen short.
MR. BALLANTINE Q. Tame side he had nothing but hay and straw in the loft? A. Yes—he has a stuttering voice—I understood him fully—he has a sort of hesitating way of speaking—I am quite sure he said that—I did not take it down.
ISAAC WOODHAM . I am foreman to Messrs. Richards. I have been in their employ twenty years—I was at Irongate Wharf on the 12th, 13th, and 14th, of September, superintending the unloading of two vessels of bottles—on the 12th I was unloading part of the Dutton—King acted as carman—he conveyed thirteen loads that day—among them was one load of pale claret bottles—on the 13th the Isabella Sarah was unloaded—King brought the loads home—bottles from a different manufactory were unloaded then—on the Wednesday I went again to the Dutton—he took nine turns, four times with beer bottles, three full loads, and once two prickles—I saw some of the bottles found at Mr. Goss's—I compared them with the bulk on board the Dutton, and the other from Mr. Goss's—I have seen the claret bottles found in the loft, and also on board the vessel—they correspond, and are from the same bulk—I was present every time when King's van was loaded—I saw the bottles counted—I am sure each time there were twelve prickles, containing six dozen in each when they were quart bottles—I saw the prickles with my string—it is a peculiar string and my own tie.
Cross-examined by MR. PAYNE. Q. Is it unusual at all for persons to have prickles of another house at their places? A. They change them sometimes at the wine merchants—I cannot say whether we had other prickles with other people's names on them at that time—we generally mend the prickles up a day or two before they go to the vessels—I have tied them up ever since I have been there—each man can tell his own tie—the prickle that contained the claret bottles was my tie—I know it had not been tied months before by the newness of the string—some of them were new prickles, that we had home the day before—the prickles were never used till the Tuesday they were used on board the Isabella Sarah—I cannot tell whether they went with wine bottles or beer bottles—I know the prickles found at Mr. Tame's to be those I had sent on the Tuesday and Wednesday, because they were particular prickles, with red bands and white rods round them—I do not know any other house that used this string—it has four ends to it, and is made by a particular person for us—we buy it of Mr. Hammond—he does not make such string for other people—I have never seen it on the prickles of other merchants—it is the practice of some particular houses to interchange bottles—the wine merchant likes them dry if he can get them.
Cross-examined by MR. CHURCHILL. Q. Was the Dutton close to shore? A. Yes.
JAMES GOSS . I am a ship-chandler and Irish provision merchant. The front of my premises is in the Minories, and there is a communication to it from America-square—the prisoner Tame deals in old bottles—a short time before the 14th of September I applied to him to furnish me with some beer bottles—he engaged to send me ten or twelve gross—he said they would he very regular, and equal to any new bottles—the word "regular" means bottles that run of an equal size, and second-hand bottles very often vary, but we separate them and return the irregular ones—I think he said they were to be 32s., but I bought them at 31s., without discount—I am not exactly correct, but I think that was 7s. or 8s. a gross less than new ones—I was not at home, and I do not know when they came in.
Cross-examined by MR. BALLANTINE Q. Tame is a dealer in old bottles, is he not? what is called a wine-cooper? A. I believe he is—I do not know that he have necessity for new bottles—new once are always regular, and old ones sometimes—there were to be old porter bottles—I did not see them as my servant took them in.
WILLIAM TOWN . I am in the service of Mr. Goss. I was expecting some bottles to be sent from Mr. Tame's—I went to his premises on the morning of Wednesday, the 14th—I saw Tame, and asked him what time he was going to send the bottles in—he said in the course of the afternoon or evening—I do not recollect that he said why he had not sent them—I was at my master's on the evening of that day, and Tame brought two gross of bottles in a cart drawn by one horse—the same bottles were afterwards claimed by the prosecutor—they came in prickles—I did not notice whether they had been recently washed, but in the morning I filled them—I then found they were wet—I did not notice any thing then, but when I corked them I noticed one or two with the bloom on—I did not examine them all, but this attracted my attention—they were delivered up to Messrs. Richards.
Cross-examined by MR. PAYNE. Q. How do you know it was Wednesday, the 14th? A. I am certain of it—I made no memorandum of it.
there was a receipt signed, I did not sign it—I filled them on Thursday, and they were taken away on Saturday—we have a great many bottles—we buy them generally of one person—I received them as good regular bottles—I saw nothing particular in the shape of them—If I had seen them a week afterwards any where else, I should not have known them.
MR. RICHARDS re-examined. Here is one from Mr. Goss's premises, and this is one from our own stock.
MR. PAYNE. Q. Do you not think they differ in appearance? A. The colour may be different, but they agree in identity of manufacture and finish—from practice I have acquired such a knowledge as to be able to swear to these two as coming from the same manufacture and the same mould.
Tame's Defence. I am placed before this bar innocently, on a case I do not know any thing at all about. I am in the habit of buying new bottles as well as old—my trade is all over London, and I buy bottles (when I am short) of other bottles merchants in the new way; and, also I get a great many from on board ships, and there is no doubt but they come from the very same factory that Mr. Richards's does. When these bottles were received I was out very near the whole of the day; I generally am everyday. I keep at home three or four men to do my business while I am out bottling wine, and attending wine-merchants. I never bought a stolen bottle to my knowledge—I should be very sorry for my men to rob me, and I would not encourage it in any one else—I am a wine and bottle-merchant.
(Mr. Snow, a surgeon of Mile-end; Robert Prendergast, cellerman; William Chillingworth, wine-merchant, of Cooper's-row, Crutched-friars; James Rowe, hearth-rug maker, Orange-street; Richard Barnes, licensed victualler, George-street, Minories; Moses Magnus, merchant; Walter Baird, merchant's clerk; William Turner; Stephen Simpson, inn-keeper; John Atkins, cow-keeper; James Key, oilman; and Solomon Jonas, gave the prisoner Tame a good character. Joseph Oxtell, a cabinet-maker; Henry Wait, boot and shoe maker; Sarah King; Mr. Arnold; Edward Giff, harness-maker, Macclesfield-street; William Lewis, coal-merchant, Artillery-lane, Bishopsgate-street; Jonathan Tailor, butcher, Devonshire-street; and James Brown, Cottage-lane, City-road, gave King a good character)
KING— GUILTY . Aged 28.
TAME.— GUILTY . Aged 32.
Recommended to mercy by the Jury.
Transported for Seven Years.
SMITH.— NOT GUILTY .
GUILTY .— Confined Three Months.
OLD COURT.—Saturday, September 24th, 1836.
Third Jury, before Mr. Serjeant Arabin.
HENRY DAWES . I am a pig-dealer, and live at Bradingham, in Norfolk, which 101 miles from London. I turned my horse out on the 16th of September, between six and seven o'clock, into a field near my house, which I rent; and when I went in the morning it was gone—the prisoner has lived in our parish several years, and knew my horse—he has seen me with it—it is a pony, about 13 hands high—I was sent for to town, and came last Monday, and found my horse in the possession of a witness and the officer.
JOHN AMBROSE . I am a City policeman, I was at Smithfield Market last Friday week, and saw the prisoner offering the pony in question for sale—I went up to him and asked him what he wanted for it—he told me 8l. 10s.—a man came up and said he would give him 7l. for it, if it was regularly booked in the market—I asked him several questions—he seemed to be agitated—I asked where he brought it from—he said from Lynn, in Norfolk—I asked how long he had had it, and he said he bred the horse—I told him I did not believe it, and took him to the watch-house—I asked him to refer me to somebody in London who knew him—he said he had a sister living over the water, and gave me her address—I went, and when I got there, the sister knew nobody of the name of Winter, which name he gave me.
JAMES BATES (police-serjeant.) I brought the prisoner to the watch-house, and asked him his name—he said William Winter, and that he came from Norfolk—I wrote it down—he said he bred the horse himself, and sold the mare to Mr. Seer—that he was in town three weeks ago, and had been to see his sister, in Hunter-street, Kent-road, and she knew he had brought the up—I sent to inquire, and while Ambrose was gone he said all he had said was lies, and his name was Garner—I showed the same horse to the prosecutor, and he identified it without its being pointed out.
HENRY DAWES re-examined. The prisoner has been a little farmer in our parish—he was born and bred in our town—I have known him thirty-years—he always bore an honest character—I have had dealings with him—he has a wife, but no family.
GUILTY. Strongly recommended to mercy by the prosecutor and Jury, on account of his previous good character. Aged 61.— Transported for Life.
ANN BEALL . I work in the shop of Samuel Groser, a dyer and straw bonnet worker, George-terrace, Commercial-road. On the 12th of July I was sitting in the shop with Miss Groser—I heard something snatched from the window—Miss Groser saw a man run away—we pursued him as far as Sidney-square, about a quarter of a mile—I saw him stuff the shawl under his jacket, and he made his escape—I am sure it was the prisoner—I know his complexion was very fair—I had a full view of his face when he took the shawl, his hair was very light, and like a bunch at the side—I am positive he is the man—the Magistrate asked me if I was positive of him, and I said I was, but would not exactly say—he was dressed differently before the Magistrate to what he was when I saw him—I told the Magistrate I knew it was him—I am confident he is the young man.
Prisoner. When you came to Lambeth-street you said you could not swear to me, and afterwards said you could swear to me side face, and that the young man had on fustian trowsers and jacket. Witness. I said I saw your side face—I told the Magistrate I felt positive he was the man—he asked me if I had any fears about being mistaken—I said no, I felt I did not make a mistake.
HANNAH GROSER . I am the daughter of Samuel Groser. I was in the shop on the 12th of July—I had put the shawl into the window about half an hour before the alarm—I saw the prisoner, by the side glass, run out of the shop, taking the shawl under his jacket—I ran after him, and saw him twice while I was pursuing him—I saw him before he got out-side the door—he came into the shop to take it—I was about three yards from him—I feel positive he is the man—I followed him to Sidney-square—I believe him to be the man.
Prisoner. Q. Did you not say at the office you could not swear to me, only by the description of the other woman? A. No—I said I could swear to my own knowledge of him.
JABEZ BARTLETT . I was an officer at the time in question, but I have since resigned as there was a little misunderstanding—I believe I am going on again on Monday—on the 12th of July I had information that a shawl had been stolen from Groser's shop, and that it had been pawned at Mr. Garret's by two girls—I went and found it there, and apprehended the two girls, who were sent to prison for two months—the pawnbroker is not here, nor the shawl—it was given up to Mr. Groser who had it to be cleaned—he has sent it to the person he had it from—the prisoner lived with one of the girls—I have known him fifteen months, and know the girls.
Prisoner's Defence. I have been in the habit of going to the house. He said, at the police-office, I had lived with the girl two years, and my father has not been dead above nine months.
ANN BEALL re-examined. I feel positive he is the man—I was not three yards from him when he ran down the steps—I had a good opportunity of seeing his side face—I never had the least doubt of him—I always felt quite positive.
HANNAH GROSER re-examined. The Magistrate asked me if I thought the prisoner was the man—I said, I believed he was, but I would not swear to him—I now believe he is the person—Beall told the Magistrate she believed on her oath he was the man.
GUILTY . Aged 21.— Transported for Seven Years.
Before Lord Chief Justice Denman.
2158. ELIZABETH FORWARD was indicted for that she, on the 24th of August, in and upon William Webb, unlawfully, maliciously, and feloniously did make an assault, and did stab and wound him on his left shoulder with intent to maim and disable him.—2nd COUNT, stating the intent to be do him some grievous bodily harm.
WILLIAM WEBB . I am a carman. On the 24th of August I was passing through Shadwell with a wagon—Stratton was with me—I saw the Prisoner standing at a door there—I merely laid my hand on her shoulder and asked her how she sold her oysters—her shoulder was covered—the answer she gave me, was, "Three for a penny"—I said they were too
small—I did not purchase any—I walked away—I did not stop, I should think, half a minute—when I got on from three to five yards I felt a stab in my shoulder—I was walking along—I turned round and saw the prisoner going from me—I heard nothing said—she returned again and made another snatch, I thought she was going to stab me again, but she snatched the blade of the knife out of my shoulder, having at first only got the handle out, it had been separated—my horses were then stopped—I felt very sharp pain indeed—I could not tell how it was—I was almost fainting—I felt as if I was shot—I put my hand up behind and felt the blood—I was taken to the shop door, and the prisoner begged of me to come into her shop—when I went in I said to her, "You have done for yourself," or "you have done a pretty job"—she said she was very sorry, but I had taken indecent liberties with her—I said, I had not—she said if I did not, somebody else did—I had not seen any body near her—I should think there was not half a minute passed between my laying my hand on her should and feeling the stab—she was quite a stranger to me.
Cross-examined by MR. DOANE. Q. Was any body else near her? A. I did not notice any body—Stratton was on my right-hand, opposite me—he was behind me, and I did not notice him till I was stabbed—he was on the road, and I on the pavement—his horses were following my wagon—he had hardly got up to me—the prisoner was standing between her door and window, with her back towards me, and also towards Stratton—I did not say when I was taken back, "See what you have done, I will make you pay for this "—I remember seeing a little girl there—I did not hear her say, that she was me take indecent liberties with the prisoner—I did not see a woman passing by with shrimps—no woman shook her fist in my face, and called me any name—there were two examinations before the Magistrate—one of my masers came to thee office while I was there—I have never heard that they intend to dismiss me from their service, if it turns out that I did take indecent liberties with the prisoner.
COURT. Q. Did you observe whether she had a knife in her hand at the time you spoke to her about the oysters? A. I did not notice—she was quite a stranger to me.
CHARLES FREDERICK VINCENT . I am a coal-whipper. I saw the prosecutor and another person in Shadwell, on the 24th of August, and the prisoner near them, at on oyster-tub—she had a knife in her right hand when Webb came up to her—he put his hand on her shoulder, and no further, and there was a question about oysters—she ran after him and struck him with the knife—that was not a minute after he put his hand on her shoulder—she followed him as quick as she could—I did not hear her say there had been indecent liberties taken.
WILLIAM STRATTON . I was with Webb on the day in question, and saw him with his hand in the prisoner's shoulder—I cannot say whether her shoulder was bare or covered—he kept his hand there for about half-a-minute—he then came away—she followed him, and a blow was struck—I saw the knife sticking in his neck—I looked back again, and saw the prisoner snatching the knife to get it out—the blade had been left in, and had separated from the handle.
GEORGE DEVERILL . I am a beadle of Shadwell. I called at the prisoner's house about ten minutes after this had occurred—I told her what I had against her—she was in very great excitement, and cried—she said the prosecutor came up to her, and placed his hand on her shoulder, then
took it off, and placed in a very indecent manner, (at the same time placing her hand in front of her person,) and being unconscious of the knife being in her hand, she turned round and struck at him—that she found the handle in her hand, and the blade left in his shoulder—she directly darted forward, and took it from his shoulder—I asked her where the knife was, and she gave me the blade from a shelf—the handle was not found till a few days after.
Cross-examined by MR. BALLANTINE Q. I believe she appeared very distressed? A. Very much so—I have known her about twelve months—both she and her husband have been very industrious sober persons—the shopkeepers have contributed to her defence, from their character, and the sympathy there is for her.
NOT GUILTY .
Before Mr. Justice Bosanquet.
2159. WILLIAM TAYLOR was indicted for that he, on the 17th of September, a certain gun loaded with gunpowder, and divers leaden shots, unlawfully, maliciously, and feloniously did attempt to discharge at Wyndham Edward Hanmer, with intent to do him some grievous bodily harm
WYNDHAM EDWARD HANMER . I am a Captain of the Royal Horse Guards, and reside in the barracks, in Regent's Park, On Saturday night, the 17th of September, I was walking along Albany-street—I turned across to some oaken palings, by the new church which is building, to make water in a corner—the prisoner rushed up to me with a gun in his hand, and with very violent abuse threatened to shoot me if I did not he off—he was very drunk—he came from against the palings, a little higher up the street—from the violence of his appearance I immediately seized the gun—he had not pointed it at me then—he had threatened me—he struggled for it—the ramrod broke, and the barrel of the gun slipped through my hands—I had thrown the prisoner down in the struggle—he immediately got up, put himself in the corner, pointed the gun at me, and said, "Now I will do for you," and he snapped the gun, but it did not strike fire—he still kept the gun presented towards me, after the trigger had gone down, and he let himself into a little door—it seemed to be his own premises—he shut the door, and said, "Now if you came near me, I will do for you again"—I got two policeman, and we went together—we knocked at the door of the hovel where the prisoner was, and desired him to come out, which he did—I then told the policeman what he had done, and desired them to take him in charge, and the gun—I went with the policeman down to the station-house, and saw the gun—the pan was open, and the lock at half-cock—he did not say any thing then—he was very drunk indeed—he said on Monday, at the examination, that five men had attacked him, and threatened to come back that night and beat him.
Prisoner. I wish to ask if he is certain I snapped the gun—the pan was open as it was in the struggle—the cock did not stand in the right position to be snapped. Witness. No; it certainly did not—I say it did not strike fire, but I heard it snap distinctly,
DANIEL MADDEN . I am a policeman. I was in Albany-street about twelve o'clock, and heard a call of "Police," and saw the prosecutor—when I came up the prisoner was inside the place, in a small office which is built for paying the labourers—he is a private watchman, employed to take care of the premises—he does not reside there constantly, but he is there at night—I asked what he meant by attempting the life of the prosecutor—he said he would shoot him or any other man who would make
water on the premises—I asked him where the gun was said, "There it is, "pointing behind the door—I found the gun with the open—I drew the ramrod, and it was broken—I got the prosecutor's cane, and measured the piece—I found it was loaded, nut I could not draw the charge, as the ramrod was broken—the lock was in good order—the pan was open, and the lock on the half-cock—I took the prisoner to the station-house—the prosecutor was stating the charge there to the Inspector, when the prisoner made a sudden rush at the gun, which I had in my hand, and said, "If I have not shot then, I would do for you now, you cowardly rascal"—he was very drunk—on Sunday morning, the 18th, I drew the charge, which I produce—it was loaded with powder and large shot.
Prisoner's Defence. I was employed to look after the premises, and on Friday night observed a man removing some boards off where there was some lead piping; he came with intent to cut it away. I came up to him; he attacked me, and we fought together for five minutes; he got over the paling, and told me he would have the pipe next night, in spite of me, and would come with four or five more. I told my employer of it, and he said I had better have arms to protect myself, and he furnished me with the gun. I went out that night for about five minutes; when I came back I found the gentleman making water against the shed door; I said, "If you do that again I will shoot you; "I went towards the door, and the gentleman caught hold of the gun, and, in struggling for it, the ramrod was broken, and the pan opened. The gentleman said he would get a policeman. I went in doors, and had plenty of time to draw the charge, but I did not wish to discharge any thing. It was the gentleman's hand that caught the top of the cap, and pulled it back; the piece was never cocked from first to last, nor was there any priming in the pan at any time.
JURY to CAPTAIN HANMER. Q. It was after the struggle he retreated into the corner, and then pointed the gun? A. Yes.
NOT GUILTY .
Before Lord Chief Justice Denman.
SUSAN ARCHER . I am the wife of Henry Archer, a currier, in Rathbone-place. I knew the prisoner's wife, Elizabeth Brodrick, between five and six months—she lodged in the same house with me, and was thirty years old—on Wednesday afternoon, the 14th of September, I was called to see her by Mrs. Reid—when I went into a fit—she was dressed and alone—the sticks in the fire were burning, as if it was just lighted—we lifted her up, and in a few minutes she recovered, and was placed in a chair—I observed that she had a black eye—I remained with her about ten minutes—on the Monday evening before last I heard somebody fall on the floor of Mr. Brodrick's room three times, and heard Mrs. Brodrick cry twice—I did not go up stairs, and do not know who was with her—on the Wednesday morning I saw the prisoner, about five minutes after eight o'clock—that was the morning of the fit—I told him his wife was poorly, and had been in a fit—he said he supposed it was from her excessive drinking—he went up stairs—I was called again that morning by Mrs. Reid, to assist the deceased—I found her lying across the bed in the same sort of fit—her husband was out then—he is a carpenter, and works out—a message was sent for him, and came soon after—she recovered from the fit, and her
husband came and fetched the doctor, who bled her—went into a fit again—the doctor left her, and some medicine came—the prisoner remained there about ten minutes with her, and then went to work—she was about half an hour in another fit after that, and then had another fit—we sent again for the prisoner, and he again fetched the doctor, and another medical man—she got worse, and died at three o'clock that day, that was the Wednesday after the Monday.
Cross-examined by MR. PHILLIPS. Q. I am afraid she was a little given to drink? A. Yes, I have frequently seen her tipsy.
JAMES MILLER .—I am the medical man who saw her. My opinion is, a blow without the fit would not have produced these consequences—the prisoner sent for me—I knew him by attending him about a week before.
NOT GUILTY .
Before Mr. Justice Bosanquet.
WILLIAM DENTON . I am a porter in Newgate-market. On Monday, the 29th of August, I was in the tap-room of the Rainbow public-house, in Newgate-street, in company with the prisoner—he tossed me for a pint of beer, which I paid for, and we had half a quartern of rum—after drinking the rum the prisoner refused to pay for it—he had to pay for the whole of it—he had called for it—the deceased, Robert Beach, was the barman—on the prisoner's refusing to pay for the rum, Beach put his hand on his shoulder, and told him he could not leave the house till he hand paid for it—the prisoner tried to get out, and the deceased took hold if his collar—the prisoner struck him on the side of the head—the blow did not seem sufficient to knock a child down—it was a very slight blow—a scuffle ensued between them, but I did not see any blows struck—the prisoner was intoxicated a little—Beach put his head a little on one side, that was all I noticed—in the scuffle the prisoner's smock-frock came off—I picked it up, and put it on the tap-room table—he had the wristbands up, and in the scuffle it was pulled off by Beach—he pulled it over his head—I took twopence out of the smock-frock, and paid the deceased for the rum—the deceased struck Storey in the eye, which knocked him against the wainscoat and stunned him, and knocked him down—that was after the scuffle—I dragged Beach into the tap-room and put him on the table—he asked me to get him a cab, which I did, and when I came back the prisoner was gone home—that was all I saw—the deceased was not thrown down—he never fell at all—he was perfectly sober for what I know.
Cross-examined by MR. DUNBAR. Q. What time did you first meet the prisoner? A. About half-past twelve o'clock—we had been to the Magpie, and had a glass of gin a-piece—there were four of five of us together—I do not recollect who paid for it—when I went in the prisoner and two porters were drinking together—I cannot say what they had—I do not think the prisoner paid for the drink there, but I will not swear he did not—I saw him put his hands to his smock-frock pocket once—we tossed for a pint of beer at first, and he won it, and then tossed for half-a-quartern of rum—when the deceased for payment, the prisoner said, "How can you ask me to pay? I have paid already"—the deceased denied that—Beach
had hold of him when the blow was struck—the prisoner said, "I have paid, and insist on going out"—the deceased said, "You shan't, "and was trying to hold him in the house—the deceased was a much more powerful man than the prisoner—after the deceased received the blow bobbed his head aside—the blow was given with the clenched fist—I told the Coroner so.
Q. Did you not say the prisoner gave the deceased a slight blow, and then Beach, with his clenched fist, knocked him down? A. No—I said, when Storey gave him the blow, it was with his clenched fist—the blow the deceased gave the prisoner was a tremendously heavy one—it knocked him down and stunned him—I caught hold of him—I could not lift him up, but dragged him into the tap-room—his smock-frock was off then—Beach took the money when I paid it, and thanked me for it, and went into the bar and sat down—he did not appear at all the worse for the blow that I could see.
CHARLES JOEL KENT . I was at the Rainbow at the time—I went there with the deceased, who was my brother-in-law; and while I was there, the prisoner and Denton came into the tap-room—I saw them toss for beer or half-and-half, which, I believe, Denton lost—they afterwards tossed for rum, which Storey lost—they both partook of it; and when they came out of the tap-room to the bar, they were going away without paying for it—Beach said, "It is not paid for"—Storey said it was, if he had had it, but he denied having had it—Denton and myself told him he had, and persuaded him to pay for it—he was afterwards going away without paying—Beach came out of the bar, and followed him to the door—he had just got outside the door when Beach put his right hand to his left arm to prevent his going away—the prisoner turned round, and struck him with his right hand, about the neck or head—it was not a hard blow, nor yet easy—it was a middling blow—Beach did not fall—I directly went up to him, and pulled Beach inside, as they had got hold of one another—I parted them—they still stood outside the bar, and Storey still wanted to fight—I told him, if he hit any body he should hit me, and I got between them—Beach said, "Let him alone; I dare say he will be quiet now;" and put his hand on my arm to keep me on one side, as Storey was about to take his smock-frock off to fight with Beach again—Beach got hold of the bottom part of the smock-frock to keep him from taking it off, but Beach was a cripple in both hands—he was a painter by trade—he could never open his hands far—Storey got his smock-frock off and threw it down, and he struck Beach again—that was a hardish blow—Beach lifted up both his hands in self-defence, and struck Storey—a scuffle ensued, and Storey fell very heavy against the wainscoat, and fell on the floor—he was taken into the tap-room by somebody—Beach went round directly, went into the bar, and sat himself down—he was very much in a tremble—I went into the tap-room, and Storey was sitting on a stop—he recognised me, and said, "You are going to take Cross's house"—he said, "I will recollect you, I will give you a turn for this"—I was about taking Cross's house at the time—I saw Beach in the bar after that, and Denton came to the bar with the 2d. for the rum—Beach refused it, because it was taken from the man's pocket—I said, "Nonsense! take it up, and put it in the till," and he did so—I left him about five minutes afterwards, and in three quarters of an hour I was sent for, to say Beach was very ill—I went up stairs, and saw him being bled—he had been ailing for a couple of months before—he had had an attack of the gout
about two months before—he complained of his appetite—he could not eat, but was able to be in his business—he dies about six hours after.
Cross-examined. Q. He had been under medical treatment some months before, had he not? A. No; he sent for physic for the gout—I never heard him complain of pains in his head—he could not open his hands—he was able to strike tremendous blows—it was in the scuffle that prisoner fell—the prisoner was not drunk, nor sober—he was the worse for liquor—I did not go out with Beach to prevent his going out of the house—he was just outside the door when Beach stopped him—Beach did not thank Denton for paying his the money—I did not say, "Don't meddle with a drunken man; he will pay you when sober'—the prisoner was not a constant customer at the house—he must have seen me about Newgate-street, when I was on duty there as a City-policeman for a year and a half—I have seen him in the house before—the prisoner had his smock-frock on when he was leaving—he took it off himself—Beach tried to prevent, him—he recognised me, and spoke to me—Beach was not a very powerful man—he could not clench his hands tight, nor open them straight—I am sure he was not of more bodily force than the prisoner.
JAMES BIRD . I am out of business. I was at the Rainbow—there was a dispute respecting some run between Beach and the prisoner—he asked the prisoner if he was going to pay for the rum—he said he had not had it—he said, "You shall pay for it before you go out"—the prisoner went to go out—Beach came out of the bar and caught hold of him—they then came in again, and the prisoner said, "I will fight you"—Beach said, "I don't want to fight; pay me for my rum; that is all I want"—the prisoner took off his smock-frock, and struck Beach a blow on the back past of the head, towards the ear, as it appeared to me—Beach returned the blow, and the prisoner fell down—Beach went and sat sown in the bar-Storey was taken into the tap-room two or three men out of the passage—he either fell down or was knocked down, I cannot say which—I saw Beach strike him a blow—I only saw the prisoner strike Beach once—I was behind the door the first time, which prevented my view—he had his frock off at the time he struck Beach—I saw him take it off, and he almost instantly struck the blow—Beach did not fall at all—he went into the bar directly after the prisoner fell—he appeared pale and faint—I went away, and returned in about an hour afterwards—the doctor was there bleeding him then.
Cross-examined. Q. Did you hear quarrelling?—what attracted your attention first? A. Beach asking for the money for the rum—he did not say, "You shall not go till you have paid"—he walked out—Beach did not meddle with him—the prisoner struck him quite unprovoked—Beach did say, "You shan't go till you have paid for the rum"—he did not handle him at all till after the prisoner struck the blow—Beach had gone out of the bar, caught hold of him, and brought him in again, and said he should pay for it before he went—Beach did not pull him in—they came in together—I saw the prisoner drop down—it was not a very heavy blow that Beach struck him—I did not see him fall against the wainscoat—his face was not cut that I saw behind the door—I merely heard the scuffle—that was before Beach brought him back—he had a blue frock on—he was what I term half-and-half—middling, neither drunk or sober.
COURT. Q. Did you see the prisoner strike any blow before the smock-frock was taken off? A. No.
THOMAS HARRISON . I am a poulterer. I was at the Rainbow, sitting in the tap-room, when the prisoner and Denton came in—the prisoner was rather tipsy—they had a pint of beer, which Denton paid for—they then tossed for half-a-quartern of rum, and Storey was going away—Beach tried to prevent his going—I did not take any particular notice, but went and sat down in the tap-room again—I heard a scuffle in the bar, and went there—I saw the prisoner lying on the floor—the deceased walked into the bar—I went and sat down in the tap-room again, and thought nothing had happened—I never saw any blows struck—I sat down for a quarter of an hour, and heard that Beach was taken ill, and a surgeon sent for.
Cross-examined. Q. Do you know the prisoner at all? A. I do—I never saw any thing wrong of him—I saw at the inquest that the prisoner had a black eye—that was the next day—I did not see that Beach was injured when he walked into the bar—he made no complaint to me—this was the first time I ever saw the prisoner tipsy, but he was very tipsy that afternoon.
JOHN WATKINS . I am a surgeon, and live in Newgate-street. I saw Beach and examined him up-stairs on a table—he was then alive, but perfectly insensible, without sense or motion, he was suffering under symptoms of apoplexy—I bled him, without any relief—I saw no appearance of external injury—I examined his face, head, and neck, and saw no mark at all—he lived about six hours—I endeavoured to employ other things, but it was ineffectual—I bled him almost immediately I went there—the blood flowed very indifferently—I took above two pints and a half of blood from him—I examined him after his death—after opening the skull, I found the vessels of the brain very much injected, filled with blood—the brain itself was completely filled with blood—the substance of brain itself was healthy—the forth ventricle was completely filled with extra vasated blood—there was no appearance sufficient to cause death—there was no mark of external injury, nothing from which I could judge this was occasioned—I never saw him before—there might be external blows sufficient to cause those appearances, without any appearing externally—it might also arise from excitement—I am not able to distinguish whether it was external injury or excitement—a person suffering under excitement, receiving injury on the head, is more liable to have a vessel of the brain ruptured.
Cross-examined. Are there not many causes by which death might some, without external injury? A. Yes; I examined very minutely, and found no external injury—it might be attributed to excitement alone—the vessels were completely filled, as if they had been injected by a syringe.
COURT. Q. If a man was engaged in a scuffle, might it arise from excitement in the fight, without a blow? A. It decidedly might.
JAMES HAY . I am a surgeon. I examined the deceased—it is very difficult to give an opinion of the cause of his death, there are so many causes—there was considerable hemorrhage in the fourth ventricle of the brain, and the brain was gorged with blood all through—but there was no external appearance—I think the blow he received was the principal cause of his death.
Cross-examined. Q. In your professional judgement you cannot say what caused death? A. No—but hearing he received a blow, I searched to ascertain where a blow had been made, but found none.
have know him about nine years, by working with him—he bore a very good character always—a kind, good-tempered man, not quarrelsome—he would have gone away from the house, if Beach had not brought him in again—he was well known about the market—If he had owed the man 2d. he could have been found, and he would have paid the money next morning. (The prisoner put in a written Defence, stating that he was unconscious of having struck the deceased, or being struck by him.)
NOT GUILTY .
Before Mr. Justice Bosanquet.
2162. DAVID COOK was indicted for stealing, on the 5th of September, 1 book of leaf-gold, value 1s. 6d.; 1 bag, value 2d.; 1 fourpenny-Piece, 1 sixpence, 1 half-guinea, 5 half-crowns, 7 shillings, and sixpence; the goods and monies of Samuel Pierson.
SAMUEL PIERSON . I am an oilman, and live at Hammersmith. The prisoner was in my service a week previous to the robbery—I kept my cash-box in my counting-house—it was locked, and I had the key in my pocket—on Monday, the 5th of September, there was about 20s. in it, in silver, as near as I can recollect—there were five half-crowns, seven shillings, and a sixpence; also a canvass bag, containing a few pieces of old coin, and a half-guinea—I left it safe about eight o'clock—I did not examine the box again till Tuesday, at about ten o'clock—I then opened it with my key without any difficulty—it was locked—I missed the silver, and the canvass bag containing the old coin and a half-guinea—I have seen two of the old coins since, and know them to be the same—one of them I had worn on my watch for a long time—I have had them these three years.
Cross-examined by MR. PHILLIPS. Q. I believe you had a person named Gyett taken up on this charge? A. I had him taken up, but not on the charge of the robbery—there was a key found on him, which fitted my cash-box—he said it belonged to a box of his grandfather's.
JOHN GYETT . I am now out of place; I live in George-street, Hammersmith. On Monday, the 6th of September, about seven o'clock in the evening, I saw the prisoner at Mr. Vincent's skittle-ground, the Star and Garter, at Hammersmith—he asked me to go with him as far as the Broadway—we went to the Suspension-bridge public-house—he went to ask the girl there if she was going to the play, and then we went to the Swan—he said he wanted to go out backwards, and left me in the tap-room—he was gone five or six minutes—he owed me, and we went down to the Star and Garter again—there I left him—he said he would go and get his watch out of pawn—I met him next morning, and we come to London together, and went to Bartholomew-fair—I saw him sell two coins at Mr. Whitford's at Smithfield-bars, for 6d.—we came home together—he gave it to officer after I was taken up.
Cross-examined. Q. You know nothing at all of the prosecutor's premises, I suppose? A. No—I once applied to be taken into the prosecutor's service—I saw him at his shop—I said the key the prisoner gave me belonged to me at first—that it belonged to a box which I had, which was at my grandfather's—that was an untruth—I never knew that key opened Mr. Pierson's cash-box—I heard so at Bow-street—I get my living by work—I
am not working for any one at present—I was at work for two days last week—I have never been taken up for any thing before—I lived with my grandfather, and left him on my own account—he is a gardener—I was not dismissed from his service on suspicion of stealing plants—since I have left him he has charged me with stealing two fuchsia—a fuchsia is worth about 4d.—I was in the service of Mr. Samuel, a grocer, at Hammersmith, about three years since—I left that place—in ever heard that he missed a sovereign before I left—Mr. Pierson asked me yesterday if he had accused me of robbing him of 13s. 6d., and I said he never did—I did not ask Mr. Samuel for a character before I left—Mr. Pierson said he had got a young man coming from the country—I believe he spoke to Mr. Hicks, the last gentleman I lived with, about me—Mr. Hicks' shopman told me that he had given me a good character to Mr. Pierson—I was there about nine months—he discharged me—the prisoner was not dressed as he is now when he sold the coins—he was dressed as he sold them when before the Magistrate—the man he sold them to said, if he did sell him the coins, he was differently dressed to what he was then; and I said no, he was dressed in the very same manner.
JOSEPH SHACKELL . I took the prisoner and Gyett into custody—I found the key on Gyett, and have it here—I tried it to Mr. Pierson's cash-box, and it, and locked it also—the prisoner said he knew nothing of it—he said he had not been to the Swan, and persisted in it till I brought Gyett to his face; and he then admitted that he had been there with him, and had a pint of porter—his first statement to me was, that he had been to the Star and Garter form eight o'clock until eleven, and he had been nowhere else—I searched his boxes, and found a book of gold in a paper bag—it was in his father's house—I took him with me, and asked him to show me his box—he did so, and on his person I found the key which unlocked it.
Cross-examined. Q. Did you tell the prisoner's solicitor you knew the prisoner's parents, and they were respectable? A. I did; and his sister is now in the prosecutor's service—I asked Gyett how he came by the key—he said it belonged to a box which was broken up, and the lock and part of the box was in a box at his grandfather's—I found that an untruth.
GEORGE WHITFORD . I am a watch-maker, and live at Smithfiled-bars. I purchased these two pieces of coin, I think it was on Wednesday, the 8th of September, the last day of the fair, of the prisoner—Gyett was with him—I gave him 6d. for them—the prisoner was dressed differently—he had a hat on, and at Bow-street he had a cap on, which made a material difference in his appearance, and I could not recognise him—I am now positive he is the person, by his countenance—I delivered the coins to the officer.
Cross-examined. Q. You saw his countenance at the police-office did you not? A. Certainly—I doubted him then in consequence of his having the cap on—that was not before the Magistrate—he had not his cap on before the Magistrate—I had no doubt of him then, and I told the Magistrate so—I doubted his personality when I was in a separate office, where they took my deposition down; but when I came before the Magistrate, and was sworn, I had no doubt of him—I signed my deposition before the Magistrate—the Magistrate did not ask me at all if I was sure he was the man—If he did not hear it—the Magistrate did not inquire if I had any
doubt about him—the clerk may have written down that I thought him the man to the best of my belief.
Q. (reading the depositions) "The coins now produced I bought of the prisoner to the best of my belief," A. Yes; that was read over to me before the Magistrate—the prisoner's cap was then off—I should have told the Magistrate I was sure of him now his cap was off, if he had asked me, but no questions were asked—I do know that he asked me any questions about the boy—the statement was read over.
Q. Did you not at first deny you had bought the coins at all? A. When the word "coins" was mentioned I thought it was something of magnitude; but when the officer came, and named these little things, I gave them to him immediately—I did not recollect it till after he was gone—I thought he could not mean these—one of the coins is a George II. sixpence—it is only worth 4d., as old silver—the other is an Irish bit of money, half a tenpenny-bit—it would not pass for 5d—I did not ask the boy any questions about such trifling things—this deposition was written before me, but not before the Magistrate—Mr. Minshull was not present when it was taken—there was no writing before the Magistrate that I recollect, except the clerk reading it over, and my signing it—the clerk read it before the Magistrate—I believe I was asked in the Magistrate's presence if I had any alterations or corrections to make—I did not say I could swear positively to him as I saw him without his cap—the Magistrate never asked me if I had any doubt about him.
JURY Q. Your sight appears defective, is it so? A. From age; and being a watchmaker, it tries my eyes.
MR. PHILLIPS. Q. Did you tell the Magistrate that a boy was with the prisoner when he sold the coins? A. I did not tell him, not being asked, but he had been apprised of it by the officer—the case was so short, it was gone through, except my evidence, and that was read over—I do not know that the Magistrate asked me any questions whatever, but the clerk did—he asked me who sold the coins to me—I did not tell him the two boys were present—I only bought of one—I buy gold and silver.
SAMUEL PIERSON re-examined. The bag I lost was a canvass one—I had not missed a book of gold, but found one in the prisoner's box—I have lost one—I sell gold repeatedly in the course of the day—I found I had missed a book of gold, and asked if any had been sold—I missed it out of a box which stood in a cupboard in the counting-house—it was one of this description—I speak to this book by comparing it with what was left behind, the colour of the gold, and being made up with the leaves out of a book—I know both these coins—this one I were on my watch.
Cross-examined. Q. Did you say a word about the gold before the Magistrate? A. I did—it was shown there—the prisoner was present when his box was searched—his sister is still in my service—I signed what I said before the Magistrate, and it was read over to me.
COURT. Q. When was the box searched? A. On Wednesday, before the examination.
Cross-examined. Q. Were you paying particular attention to what was going on? A. Yes—I don't believe the prisoner did sign his examination—I understood my lord meant the prosecutor.
COURT. Q. Was the prisoner's examination read over to him? A. It was—I
know that, and I could tell the principal part of what he said before the Magistrate.
MR. PHILLIPS. Q. Did you observe since you have seen the deposition that the prisoner had not signed it? A. No, I merely looked at the Magistrate's signature—the prisoner was not asked to sign it to my knowledge—it is not the custom at Bow-street to take the depositions behind the Magistrate's back—they did so in this instance, in the adjoining office—the Magistrate was under the roof—Mr. Pierson did not state about the gold in his deposition, but he did the first day of my bringing him there, which was Wednesday night—Mr. Minshull was present, and heard it, and remanded the prisoner—it was not mentioned when the depositions were taken, which was on Saturday, the 13th of September—Mr. Pierson did not mention about the gold then, and I did not know he was to be indicted for the gold till I came to the sessions, when the prosecutor told me so—the prisoner was present on the Wednesday when the prosecutor spoke about the gold—no depositions were taken at all on Saturday.
(The prisoner received a good character.)
GUILTY. Aged 19.—Strongly recommended to mercy. Confined six Days.
Before Lord Chief Justice Denman.
ANN SAKER . I am in the service of Mrs. Mary Pearce, of Bromley. The prisoner Brown was employed to work in her garden—on the 25th of August, between one and two o'clock I took the dinner things into the kitchen—there were some silver spoons, which I put on the dresser, and went up stair, leaving them—Brown was working near the gate, which goes out in front of the house from the area, but it is always kept locked—I went in about a quarter of an hour to wash the spoons, and missed one of the table-spoons—Brown was then standing at the kitchen door—I went and told my young mistress that 1 missed a table-spoon, and asked Brown if he had seen any one come in—he said he had not—he went away—I saw Wilds standing outside the same gate that day—this is my mistress's spoon.
HENRY HOULTON . I am a policeman. I went to Mrs. Pearce's house on the 25th of August—I was passing by, and heard she had lost a silver spoon—I found one pawned with Mr. Cheese on the following day—I apprehended both the prisoners a few minutes after finding the spoon, and took them to the station-house—I charged them with the robbery—they denied all knowledge of it—I took them to the pawnbroker, who said that Wilds had pawned the spoon—Wilds then stated that Brown had given him the spoon—I took them back to the station-house, searched them, and found on Brown the duplicate of a silver spoon, pawned for 5s.—Brown then said he had given Wilds the spoon to pledge.
BROWN†— GUILTY . Aged 15.
WILDS— GUILTY . Aged 15.
Before Lord Chief Justice Denman.
2164. JAMES GREEN was indicted for stealing, on the 8th of September 1/2lb. of soap, value 6d.; oz. of tea, value 2s., 5 sovereigns, 1 half-crown, 11 shillings, 7 sixpences, 3 fourpenny-pieces, and two pence; the goods and monies of Thomas Pitman, his master.
THOMAS PITMAN . I am a grocer, and live in Tottenham-court-road. I set the prisoner up in business on his own account, in Brook-street, Holborn—the house was mine—I let it to him—the business did not answer, and I let the house to another person—in April last, I saw the prisoner again—he said he was in a state of starvation, and wished me to give him employment, which I agreed to—he and his wife lived over some stables of mine, in China-mews—I missed a sovereign and a half from the till, and on the Friday afterwards I missed more—on Thursday, the 8th of September, I marked eight half-crowns, and ten shillings—I put four half-crowns and five shillings into the till, and delivered the rest to the officer before any thing happened—I sent Fostick to Purchase 1lb. of ten and 6lbs. of sugar at my shop; and after that sent Davis for 1lb. of coffee and 3lbs. of moist sugar—I saw Fostick have some of the marked money to make the purchase with—I kept in the passage adjoining the shop—when I came back, in about twenty minutes, I found the prisoner there—went to the till, and there was nearly 1l. of money in it not marked, and four half-crowns and five shillings marked—I found I was 15s. or 16s. short—I said nothing to the prisoner then—I looked into the bottom till, and found a half-sovereign—a person had been and charged half-a-sovereign, so I could not tell what marked money was gone—I set the shopman to inquire, in my presence, of the prisoner who he took the half-sovereign of—he said he did not know, and could not recollect what goods he took it for—he owned to receiving the half-sovereign, and giving change for it, but did not say what change he gave—I then pressed him, and asked him from whom he took the half-sovereign—at last he said he had sold 1lb. of sugar and 1oz. of tea, and had given 9s. change—I asked who he took it of—he said he could not tell—I said it was a bad half-sovereign, and if he did not tell me who he took it of, I would make him pay it—he said he took it of a dirty boy living next door to Lake's, the chimney-sweeper's—I told him to take me to him, instead of which he took me to a house at the corner of George-street—I saw the master there, and asked him in the prisoner's presence if he had sent half-a-sovereign to my shop for goods—he said he had—I asked him if he had the change in his pocket—he said he had—he put his hand into his pocket and took the change out—he had seven marked shillings, two not marked, and sixpence, and 2 1/4d.—I sent the prisoner home, and when I came back I met him coming out of the shop—I called him into the parlour, and told him he had been robbing me, which he denied—I asked if he recollected serving two men with tea and coffee—he said he had—I said, "They are officers, and have marked money, and you have made away with one half-crown and other money, and you have one half-crown in your possession"—he then began to cry—I did not—I told him it would be better for him to tell the truth, or worse if he did not—I told him to turn his pockets out, and he did—he had a good shilling, a bad one, and a good sixpence—he then said, "The money I took from the till I threw away in the cellar, and can fetch it"—I went with him with a light, and the shopman found a marked half-crown, two shillings, two fourpenny-pieces, and one sixpence—I then gave him in charge—denied having any more money
about his person, but when he was searched, upwards of 5l. was found on him, which he acknowledged to taking from my till in a very short time.
Cross-examined by MR. PHILLIPS. Q. What did he say? A. He said it was my property—he said he had been in great distress—that his clothes were all in pawn, and he took it to get them redeemed—he has been in better circumstances—he fell into distress—he has a wife and family—I have known him nearly twenty years—I retook him on account of his family.
EDMUND DAVIS . I am a policeman. I received some marked money from the prosecutor on the 8th of September, and marked it again myself—I gave two to Fostitck, and kept two myself—I went to Mr. Pitman's shop, and found the prisoner there—I purchased 1lb. of coffee, 3lbs. of sugar, and gave him two marked half-crowns—he put them into the till, and gave me a sixpence and three-halfpence in change—I took the coffee next door, where Mr. Pitman was—I went into Mr. Pitman's parlour in about five minutes, and the prisoner was there—I gave Mr. Pitman the marked half-crown which I had given to the prisoner for the coffee and sugar—he said he had taken them out of the cellar—I asked the prisoner if he had any more money about him—I took up some four penny-pieces, a sixpence, and bad shilling, off the table—on searching the prisoner, I found five sovereign in a purse—I asked him who the money belonged to—he would make no answer in my hearing, till after I had been to see his wife, and searched the place—he afterwards said it was Mr. Pitman's money—I went to his house, and found some soap and other things.
Cross-examined. Q. What had Mr. Pitman said to him before he said it was his money? A. Nothing—he did not ask him any questions in my presence.
Prisoner. The money belongs to my brother-in-law, which he paid me. Witness. He said nothing about his brother-in-law.
GUILTY . Aged 42.— Transported for Fourteen Years.
NOT GUILTY .
First Jury, before Mr. Sergeant Arabin.
GUILTY .—Aged 44.— Confined Two Years.
NEW COURT.—Saturday, September 24th, 1836.
Fifth Jury, before Mr. Recorder.
GUILTY .— Confined Six Months.
MARY ELIZABETH SHERWOOD . I am a widow, and live in Turner-square, Hoxton, and am a washer-woman. The prisoner was in my employ—I missed two silk handkerchiefs, and told her of it—I said I was determined to have them found, and, if she would tell me what she had done
with them, I would forgive her—she would not tell me, and I gave her in charge.
(Property produced and sworn to.)
Prisoner. I pawned them with the intention of getting them out, but I was taken up the same day.
GUILTY . Aged 54.— Confined Three Months.
HENRY WILLIAM HAMPSTEAD . I am in the service of Mr. William Nicholls, a pawnbroker, of Gray's-inn-lane. On the 27th of August, at half-past eleven o'clock at night, the prisoner came there—he asked to look at a plough and plane-irons—he purchased nothing—I observed him take them away, but I did not know that they were not his, as they had been shown him by another young man—there is my master's private mark on them.
Prisoner. I saw this plough hanging up—I asked Henry the price—he told me 8s.—he reached it down—I said I would call on Saturday—when I had got my wages I called in to see if the plough was gone—I looked at it, and tried to buy it for 7s.—he said he could not let me have it for that—I took out three half-crowns, and put them on the counter—whether Henry took them up, or any body else, I cannot tell—I live within three doors of the place, and pass every time to my meals. Witness. I can swear there was no money produced for the plane—I had a full view of the shop from the parlour, where I stood—the plough man is not here.
Prisoner. I did not take it away without paying for it; there were several persons standing round, whether they took the money up or not I do not know.
NOT GUILTY .
GEORGE ALLEN . I am shopman to Mr. James Gideon, of Stafford-street, Lisson-grove, a pawnbroker, On the evening of the 12th of September, a boy came to the shop and gave me information—I went out and stopped the prisoner with this coat in his possession, which had been hanging inside the railing outside the door—I asked where he got it from—he said he had bought it, and had been in the shop to pawn it, and they could not agree—I told him he must go back—I looked at it, and ound our private mark on it—I took him back to the shop—it is worth 17s.
Cross-examined by MR. PHILLIPS. Q. Are there two doors to the shop? A. Yes—I am sure he did not say it was all right, that he had bought it, and was going into the other door to pay for it—he was about twenty yards from the door when I caught him.
JAMES MORAN . I live in Great James-street. On the evening of the 12th of September, I saw the prisoner at the prosecutor's door—he jumped up and caught hold of the things at the side, and dragged this coat down—I had seen him walking about in the afternoon—I did not go into the shop, but another boy did.
Cross-examined. Q. Was he looking at the coat? A. No, he rumpled it up under his arm—he could not get it without jumping up—he could without going into the shop—he did not speak to any body about it.
GUILTY .* Aged 22.— Transported for Seven Years.
JAMES LLOYD . I am shopman to Mr. William Stratton, who has two partners; they are linen-drapers, and live in the strand. On the night of the 16th of September the prisoner came and bought a stay-lace—I saw her looking over a basket, on the counter, with some remnants of ribbon in it—she took one from it, and put it under her cloak, and concealed it—I informed Mr. Stratton—he came round and spoke to the prisoner, and the policeman was sent for—the prisoner was searched up stairs, I believe.
Cross-examined by MR. CLARKSON. Q. Have you got this ribbon? A. Yes—these two pieces are worth 6s. 8d. at the selling price—this one was found at her lodgings—we never allow ribbon to go out with this mark on it—the value of the other is 20d.
WILLIAM STRATTON . In consequence of what was said, the prisoner was taken up stairs—I saw this ribbon in her hand—she acknowledged she had taken it, and very much regretted it, and said she had never done such a thing before.
Cross-examined. Q. Did she appear in the same state of health that she is now? A. No; she looked much better—I have made inquiries about her—her family is respectable—her mother is a widow, and in the deepest distress—I am very sorry for her—this white ribbon has my partner's mark on it.
JOSEPH EMMETT (police-constable F 18.) I went up stairs—when the prisoner was taken, I saw the ribbon from her—at the station-house I found on her 1d., three keys, an apple, and several bits of paper.
Prisoner. I am very sorry for what I have done; all I took was the remnant of yellow ribbon, which I offered to pay for, I have been reckoned a very respectable servant. I had lived four or five doors off, and bought things at the shop for three years.
(John Tabriel, a boot and shoe maker, of Limehouse Causeway, gave the prisoner a good character, and promised to provide for her.)
GUILTY. Aged 22.—Recommended to mercy. — Confined Fourteen Days.
ROBERT RICHARDSON . I am a cabriolet-builder, in Red-lion-yard, Great Warner-street, Clerkenwell. On the 2nd of September, in the afternoon, the prisoner came to hire a cabriolet, as he stated—I let him one for a week, at 14s.—he paid one week down—here is a paper, signed by him, (reads) "I, William Pearce, 27, Chenies Mews, top stable, agree to hire a cab of Robert Richardson, of Red-lion-yard, Clerkenwell, at 14s. per week, one week to be always paid in advance. I also agree to pay for all damages done to the said cab while hired by me, except fair wear and tear I also agree to give a week's notice, or pay a week's hire, when I give it up. William Pearce. 2nd of September, half-past three o'clock." He had a person outside, in the yard, to take it away—I never heard any thing of him till the week had expired—that was the Friday following, when I found he did not reside in the place mentioned in the agreement, neither could we find the cab or the man—he was the not known at No. 27, Chenies Mews—I went there on the 9th, and could hear nothing of him—on the 11th, I saw the cab in the hands of Mr. Ashley, in Chenies Mews—I took him into custody, and he was released the next morning—the cab was worth 20l.—on the 12th, I found the prisoner near Bromley, in a donkey curt, and put him into custody—he said, "I have done it, I know, and I must suffer for it"—and, in answer to a question, he said he took it away with no other intention than to sell it, as he had got no horse, nor any means of working it.
Cross-examined by MR. PHILLIPS. Q. Did you say that before the Magistrate? A. I did not—it was an omission, not done with any design—I forgot it—he hired it for a week certain, and if he did not pay another week in advance at the end of that, I should have taken it away—he said he should want it nearly a fortnight, as his own was gone to be repaired—the week was out before I went to look for him.
LEWIS ASHLEY . I am a coach-builder, and live in Chenies Mews. I bought a cab of the prisoner—on the 2nd of September, about five of six o'clock, he came down the mews, and asked for a cab-man that was driving for himself, who wished to buy a neat cab—I asked what he wanted for it—he said "8l." I said it was not worth that, and bought it of him for 6l. 10s.—I did between 4l. and 5l. repairs to it, and sold it for 13l. 10s., and should not have got that, but I took an old one in exchange.
Cross-examined. Q. Was it, when sold to you, safe for any human being's life to be trusted in it? A. It was not—If a horse had plunged, the dash-board would have been out.
Prisoner. It was distress that led me to it.
GUILTY . Aged 61,— Transported for Seven Years.
(There was another indictment against the prisoner.)
prisoner was apprenticed in the same place, and slept in the room I did—I missed them a cupboard in my room on the 12th of September.
Prisoner. The duplicates I picked up on Monday evening in Finsbury-square.
WILLIAM CHAPMAN . I live in the service of Mr. Folkard, in Sun-street. I produce a waistcoat pledged for 1s.6d., in the name of Charles Seddons, by a man who stated his address to be No. 2, Baker's-court—I cannot say it was the prisoner—this is the duplicate given of it.
JAMES SMITH . I am in the service of Mr. Thompson, pawnbroker, Crown-street, Finsbury. I have a coat pawned on the 12th of September, in the name of Charles Seddons—this is the duplicate that was given for it.
GUILTY . Aged 18— Confined Three Months.
WILLIAM STEVENS . I reside at the Rose Inn, Smithfield. Two coats were stolen out of a gig at my door on the 20th of September—from information, I went to the Half moon public-house—when I was inquiring there, I saw the prisoner—he must have heard what I said—he ran off, and some persons said, "There he goes, "—I pursued and took him—the officer found the coats—these are them—they are Mr. Edward Nicoll's.
FREDERICK PRINCE (City Policeman No. 79.) I took the prisoner at the Half-Moon—I found the two coats in the coats in the cock-loft—there was a door which was padlocked between where I went in and where they were found—the prisoner was not a servant there—Mr. Copeland was here, but was discharged this morning.
GUILTY . Aged 26.— Transported for Seven Years.
CHARLES HAMPTON , I am an ostler. On the 20th of September I was at Mr. Francis Goode's stables, at half-past eleven o'clock at night, and saw the prisoner take the coat from the back of a chaise there—I overtook him, caught him, and held him, and called, "Police," before I got to him he threw the coat over Mr. Stewart's garden-wall—he was carrying it before him—I got over the wall and got it, and delivered it to the policeman—it was Mr. Goode's coat—there was a handkerchief in it—that was Mr. Goode's—it was this brown coat.
Prisoner. I know nothing of it—I was going by the end of the place where the chaise went down—I was only three doors from my own house. Witness. He said that his friends' residence was in Mile-end-road.
JAMES CLARK (police-constable K 34.) I was on duty in Globe-lane at half-past eleven o'clock on the 20th of September—I saw the witness and the prisoner run out of the yard where the stable is—I pursued and took
the prisoner, while the witness got over the wall and threw the coat back—I saw them both running, but I cannot say whether he had the coat or not.
GUILTY . Aged 22.— Confined One Year.
CHARLES KEEL . I am patrol of St. Sepulchre's. I was in King-street, Snow-hill, on the night of the 21st of September, and saw the prisoner loitering about the street all the evening—I kept a watchful eye on him—there was an exhibition at the top of the street, and he went there—I was on the other side of the way, and observed him draw this handkerchief from the prosecutor's pocket—I ran just in time to collar him by the time this gentleman turned round—I found the handkerchief partly in the prisoner's hand, and partly in the prosecutor's—it had been entirely taken from the pocket, and the prosecutor caught hold of it.
CHARLES CAZIMER RENULT (by an interpreter.) I was walking along the street and looking at a carriage, and felt the boy's hand in my pocket—I turned round and seized him by the collar—the boy dropped my handkerchief.
Prisoner. I did not see the handkerchief till I got to the station-house—he took and the hit me. Witness. No, I did not.
GUILTY .* Aged 15.— Transported for Seven Years.
2177. WILLIAM HAYES and DAVID CONNOR were indicted for stealing, on the 20th of September, 57lbs. weight of lead, value 10s., the goods of William Aubrey de Vere Beauclerk, Duke of St. Alban's,—2nd COUNT, for ripping and cutting some lead, with intent to steal the same.
MR. CLARKSON conducted the Prosecution.
JOHN ROFE . (Police-Sergeant C 7.) I was on duty in Piccadilly at seven o'clock last Tuesday evening. I saw the prisoner Connor standing against the area-railing, in front of No. 80, which is next door to the Duke of St. Alban's—as I got near to him I heard a noise in the area, as I supposed—I looked down, and saw a man's head, as if gliding away to avoid sight—I remarked to Connor, that in all probability it was a cat—he said, something in an under tone that I could not exactly understand—I thought it was not that he knew of—I waited till Sheen came up, and gave Connor into custody—I then saw Hayes come up the area steps—I ordered him over the gate—he climbed over, and I took him directly, and took him to the station-house—I went down, and found twenty-five feet of leaden pipe, together with a hammer and a knife—it appeared to have been recently hammered and cut—there appears to have a pipe to run along the bottom of the area—this pipe corresponded exactly with the piece that remained—when they were at the station-house nothing passed between them that I heard—a knife and two keys were found on Connor.
MARK MERRITT (police-constable C 184.) I assisted in taking the prisoner to the station-house, In going along, I heard Hayes say to Connor, "You are a b----y fool, it was your fault' you ought to have gone away; this has put the stopper upon us altogether"—Connor said something to that, which I could not near, and he afterwards denied all acquaintance with him.
Hayes. He misunderstood me, I said it served me right for going over there to case myself—If I had remained in the street, they could not have hurt me. Witness. I went down the area, there was the appearance of it.
Hayes's Defence. I was coming from New-road, Chelsea A friend promised to get me work; I had some beer with him, and was coming home; I went over to case myself; I had not been there six or seven minutes; when I came up again I stumbled over this lead, and my hat fell off—I came up.
Connor's Defence. I was standing there, as I saw a cab-horse which was kicking—the policeman came and asked if there was any body down the area—I said, "Not that I know of."
JURY to JOHN ROFE. Q. How long was it before you went down into the area?. A. About ten mintues, but I placed a man to see that no one came up—it was not left three minutes.
HAYES— GUILTY . Aged— Transported for Seven Years.
CONNOR— NOT GUILTY .
FRANCES NEEDHAM . I am a widow, and have the care of a house at the corner of Albemarle-street; it belongs to Mrs. Jeffreys. The prisoner was employed to whitewash the kitchen—I missed a table-cloth and handkerchief, which belong to me, and also a stew-pen, a copper, and jellymould—I told him what I had lost.
JOHN HAYDON (police-constable S 162.) I apprehended the prisoner—he denied the charged—I found on him sixteen duplicates, and among them two relating to a table-cloth and handkerchief—I produced them in his presence—he made no remark—but on going to the police-office, I said, "There are two duplicates which relate to a table-cloth and handkerchief, I do not know whether they are the same as the prosecutrix had"—he replied "I bought them on Saturday night last."
Prisoner. I surrendered them up to him, to be satisfied whether they were her things—when he took the duplicates to her, she said, "Yes"—and when she saw them, she said they were hers—I never took them from the house.
THOMAS BAKER . I live in the Mile-end-road. I did live with a pawnbroker in York-square, Regent's-park—I have a table-cloth, which was pledged for 2s. on the 9th of September—this is the duplicate given for it—and this handkerchief, pledged for 1s., on the 10th of September, in the name of John Dunn—this is the duplicated of that.
FRANCES NEEDHAM re-examined. I know this handkerchief and tablecloth they are mine, I brought them into the house on Thursday, the 8th—I did not miss them till Sunday morning, when I was going to put the table-cloth on, and they were lost—the prisoner was there at work of Friday and Saturday.
Prisoner's Defence. I was going along the New-road, to see for some materials—these things were tied up in the handkerchief that I have in my hand, with part of a penny of bread; I picked it up, and said to a woman, "Have you dropped a bundle?"—she said, "No"—I opened it,
and took these things to where I lodge—I had them in my room better than two days, I then pledged them—after I finished my job in Osnaburgh-terrace, where the prosecutrix lives, which was on Wednesday, I went home, and the officer came to me; I gave him the two duplicates, and told him to let the woman see if they were hers—there are women to wash at that house every week.
JURY to JOHN HAYDON. Q. What did the prisoner tell you? A. That he brought the duplicates.
(Joseph Hart, a plumber, and Thomas Hall, an accountant, of Cleveland-street, gave the prisoner a good character.)
GUILTY . Aged 47.— Transported for Seven Years.
Prisoner. Q. Can you swear I am the person? A. Yes; I never lost sight of you.
(Property produced and sworn to.)
Prisoner's Defence. I was passing along, and picked up the milk-pot, and this gentleman came and took me.
GUILTY .* Aged 21.— Transported for Seven Years.
GEORGE BRADBURY . I live in Church-lane, St. Giles. I saw the prisoner cross the road with this tub and oysters in her hand—she threatened to strike me at first, and dropped the oysters—they were worth half a crown altogether.
Prisoner. His wife and I go to market together; and if I go from my stall she takes money for me, and I do the same for her. Witness. Yes, she does.
Prisoner. I took these because the officer said he would take them to the Green-yard—I took them to take care of, and had no intention of taking them feloniously.
NOT GUILTY .
HENRY JOHN BEAMONT . I am in the service of John Griffiths, a pawnbroker, in Ossulston-street, Somer's Town, I have a bell attached (for safety's sake) to some articles exposed for sale—on the 10th of September we lost a pair of boots, and then we put up another pair, and put the bell to them, and on the 21st we heard the bell ring—I ran out, and found the prisoner
in possession of a pair of boots in the street—he threw them away before we could come up to him—they were returned to my master.
DAVID PERRYMAN . I am in the service of Mr. Griffiths. I followed the prisoner also—I ran some distance—as soon as he found I was two or there yards behind, he turned and said, "What do your accuse me of?" I said, "Of stealing a pair of boots, "and attempted to collar him—he struck at me, and crossed the road—the people said I had better not let him go much further—I crossed, and went to take him again—he struck me in the mouth—I rushed at him and took him—we lost one pair on the 10th, which were never recovered.
CHARLOTTE GILES . I live in Ossulston-street. On the 10th of September I was passing the street, and saw the prisoner take a pair of boots from the door-post—he ran down the court—I informed Mr. Griffiths, and while I was telling him the prisoner made his escape—I am quite sure he is the man who took them—I had seen him lurking about the premises in the Monday and Tuesday.
GUILTY . Aged 23.— Confined six Months.
2182. THOMAS MCCARTY was indicted for stealing, on the 24th of August, 4 sheets, value 2l.; 2 sheets, value 1l.; 1 pair of drawers, value 3s.; 1 pair of trowsers, value 3s.; 4 pairs of stockings, value 4s.; 4 handkerchiefs, value 12s.; 2 pillow-cases, value 3s.; 5 towels, value 5s.; 1 table-cloth, value 12s.; 1 sheet, value 1s.; 1 apron, value 6d.; 2 caps, value 2s.; 1 habit-shirt, value 1s.; 4 yards of calico, value 1s.; and 1 basket, value 9d.; the goods of Mary Martin.
MARY MARTIN . I am a window. On the 24th of August, 1835, I lived in Sidney-street, Somers Town, and hired the prisoner to go to St. Martin's-lane, to bring home a basket of linen—he had done so before—he went away with the linen—we found the greater part of it in pledge—there were all the things stated, in the basket—they were returned to the owner.
CHARLES GRINHAM (police-constable S 155.) I apprehended the prisoner in Wilsted-street, Somers Town, on Saturday last—I asked if his name was Thomas M'Carty; he said it was—I told him he was charged with stealing a basket of linen from St. Martin's-lane, last august twelve months—I asked him what he had to say—he said he could not say any thing—I took him to the station—he said he certainly was the person; if and he got over this, he should lead a different life, that bad company had brought him into it.
Prisoner. Q. How can you say it was me? Witness. I took notice of you; you said, "While you make out the duplicate I want to go out and water my nag."
GUILTY . Aged 22.— Confined Six Months.
2183. JOHN MORAN was indicted for stealing, on the 6th of September, 41lbs. weight of lead, value 5s., belonging to Abraham Harrison Dry and another; and fixed to a certain building; against the statute, &c.—2nd COUNT. stating it to belong to Philip Palmer and others.
ROBERT HINE (police-constable B 140.) I was on duty at half-past nine o'clock on the night of the 6th of September, in Vincent-square—I heard a noise at No. 44—I went there, and observed the prisoner on his hands and knees behind the house—the garden gate was locked—I asked what he did there—he replied, to ease himself—he came over gate—I took him to the station, and, with the sergeant, went over the premises—we found a quantity of lead taken from the porch, and we found this lead there—it seemed to fit exactly—there was a knife found on the top of the porch where the lead had been cut from, and two pieces of iron hoops.
Cross-examined by MR. DOANE. Q. Was it not dark? A. It was rather dark—I could not have been mistaken in the prisoner's person, he was so near to me—I could see him on his hands and knees—I came up and looked through the paling, and saw him—I then went to the gate, and found it was locked—I called to him—the lead was about a yard from where I saw him.
Cross-examined. Q. The house was empty? A. Yes.
Prisoner. My clothes were down—I was taken very bad—I got over to ease myself.
(The indictment also charged a previous conviction.)
GUILTY . Aged 18.— Transported for Seven Years.
FREDERICK HART . I am servant to Mr. John Grinham, who keeps the Fox and French Horn public-house, Clerkenwell-green. I stopped the prisoner on the 19th of September, at half-past eleven o'clock, near my master's, and found under her shawl this quart pot, which is my master's—she had been in the house that evening.
Prisoner. I had been drinking there all the evening and tossing, and on the Saturday I had been treating every body in the house. Witness. On the Saturday she was there, and brought some people in with her—she was tossing—she was sober when she came in on Monday—she got drunk on Saturday.
Prisoner. It was standing on the stool, and I went to ask a woman to have some beer, supposing there was some beer or ale in the pot I had been drinking from, and I took this pot inside, but not to steal it.
NOT GUILTY .
JOSEPH SAMWAYS . I live in Silver-street, Wood-street. On the 19th of September I was in my house, and I saw the prisoner in company with others—he was attempting to pick the prosecutor's pocket—he lifted up the
flap of his coat and shook his handkerchief out—I ran out immediately, and saw him in the act of handing it to another person behind him, who went away—I collared the prisoner, and in the scuffle we both went down—I raised an alarm—the other was secured, and seen to throw the property down—I held the prisoner till the officer came, and I gave him into custody—I returned, and the prosecutor was gone and had let the other go—he did not wish to prosecute—I had the prisoner up, and had to find the prosecutor—he abused us very much.
JAMES DOUFTY . I am an officer. I took charge of the prisoner. I had a summons for the prosecutor, and served it on Wednesday night—he would not appear, and said it was dated wrong—I then got a warrant for him, and took him.
GUILTY .* Aged.— Confined Twelve Months.
Before Mr. Common Serjeant.
2186. ELIZA WESTON was indicted for stealing, on the 13th of September, 1 printed book, value 1s.; 1 blanket, value 3s.; 2 sheets, value 5s.; 1 counterpane, value 4s.; 1 shawl, value 3s.; 2 pillow-cases, value 1s.; 1 candlestick, value 1s.; 1 flat-iron, value 6d.; and 1 set of bed-furniture, value 6s.; the goods of Jacob Osborn.
HARRIET OSBORN . I am the wife of Jacob Osborn, of Willow-street, Spa-fields. A man hired a lodging of us some time ago, and the prisoner lived with him—the man went away, leaving the prisoner there—I missed two pillow-cases, a shawl, a candlestick, and other things—these are them—I charged the prisoner with having taken them—she gave me no account of them—they were all in the room let to her—I never gave her leave to pawn them.
Prisoner. I pledged them to gave you your rent. Witness. I have had but 11s., at two or three times.
Prisoner. I said if they would wait till I went to my friends I would redeem the things, which I always intended.
GUILTY . Aged 25.— Confined Three Months.
2187. WILLIAM CATLING and WILLIAM COOK were indicted for breaking and entering a building within the curtilage of the dwelling-house of Joseph Jones Stephens, and occupied therewith, on the 5th of August, at Enfield, and stealing 1 set of harness, value 3l.; 1 saddle, value 1l.; 2 pair of stirrup-leathers, with stirrup-irons, value 15s.; 2 girths, value 4s.; 1 bridle, value 10s.; and 1 dog-collar and chain, value 4s.; the goods of Joseph Jones Stephens.
MR. CLARKSON conducted the Prosecution.
JOSEPH JONES STEPHENS . I live at Enfield Wash, very near the bridge. My stable does not form any part of my house—it is surrounded by a fence which encloses the house—about ten o'clock at night on the 5th of August,
my groom was away, and I fastened the stable with my harness in it—the articles stated in the indictment were there, among other things—I took the key into the house, and left it in my kitchen—on the following morning, about six o'clock, my servant gave me an alarm—I went into the yard—the dog was gone, and the chain and collar were left in the yard—I made inquiries about the dog, but could not find him—I went into the stable to put a saddle on my horse, and found I had none left, and the harness and other things were gone—I made inquiries at the Bell, and near the Angle I met John and Jasper Guiver—that is about three miles and a half from my house—John and Jasper Guiver had the two prisoners with them in a cart
Cross-examined by MR. JONES. Q. What part of your premises were broken open? A. The stable door had been unlocked—it forms the other side of my yard—there is no communication between the stable and the dwelling-house without going across the yard—I found the stable door locked, as I left over-night.
Cross-examined by MR. THOMAS. Q. Were you the last person who went there? A. Yes.
JOSEPH MOSES . I am a gardener at Enfield Highway. I live about a mile from the prosecutor, on the road towards London. On Saturday, the 6th of August last, I went towards the window, about two o'clock, or a little after, that morning, and saw a dog in my front garden—I came down stairs, opened my door, and perceived it was a black and white dog—I made towards the cross part of the garden, and, in a small parcel of manure, in a hedge, I found a large bag—when I attempted to take the bag the dog followed me—I sent for John Guiver, the constable—he examined the bag—there were five pairs of trace harness in it—the dog went away.
Cross-examined by MR. JONES. Q. Do you keep a dog? A. No—I was not then getting up for the day—I had necessity to get up, and went towards the window—the dog was pacing my garden.
JOHN GUIVER . I am a constable of Enfield, and live close by Moses. His little boy called me up about three o'clock that morning—I went to his house, and found the bag containing a lot of harness—I have a brother named Jasper, we went on the road towards London, and overtook a wagon near Tottenham High Cross—James Skipp was driving it—I saw, in the tail of the wagon, a large bag, which I considered was harness—I got out of the cart to see what it was—I found it contained harness, and Catling was lying on the top of it—I told him he was the person I was looking for—he said he knew nothing about that harness—I called the wagon boy, he took up Catling with that bag of harness at Enfield Wash bridge, and another man was with him at the time—I put Catling into the cart I had got, and went on in pursuit of another—as we were going along, Catling said we should overtake the other man at the White Hart, Kingsland-road—as we were going along, I asked different persons if they had seen a man on the road with a black and white dog—I still went on in pursuit of another man—I went to the White Hart, Kingsland-road—I there asked Catling the man's name—he said he did not know his name, but he knew him personally—Catling said, "Go up Old-street-road"—I did—when I got up there, he said, 'Go into Smithfield"—when there, he said, Go down Cock-lane, and from there into Farringdon-street"—I said I would not go any farther, unless he told me who I was going after—when I got to Farringdon-street, he told me to go Fleet-street, and stop at Lombard-court—I went down there—he told me to knock at No. 10—I knocked at the door twice,
and waited a few minutes, and then knocked against; but, before I went down, I asked Catling who I was to ask for—he said he did not know his name, but he gave a description of his dress, and told me to go and ask for a person that had brought in a black and white dog—I did so—a man poked his head out of the door—I had some conversation with him about a dog (Catling was in Fleet-street, in the cart)—I went in at last, and there saw the prisoner Cook—he was in the act of undoing his shoes, as if undressing himself—I asked him where he had been—he said in the country—he said he knew nothing about any dog—I put the hand-cuffs on him, put him into the cart, and took him before the Magistrate, at Enfield—I found a crow-bar upon him, also this knife, this phosphorus box, this watch, and an empty box; and on Catling, I found nine skeleton keys, a knife, a cord and a string, by which you might lead a dog—some salve on silk, to tame dogs, and four duplicates—there is a smell about the salve that is particular—the box I took from Cook has just the same smell—any of these keys will open Mr. Stephens's stable door.
Cross-examined by MR. JONES. Q. Will they open other doors? A. They will—I have tried them—I derived all my information from Catling—the first time I saw Cook was in Lombard-court—I left Catling with my brother when I went there.
Cross-examined by MR. THOMAS. Q. What is on this bit of black silk? A. I do not know what it is—I have tried it, and when I have showed it to a dog he would come towards me, at about half a yard distance—Catling voluntarily told me he would tell me where I could find the other man—I thought there was something in the bag, because that bag and that in Moses's garden were alike—I said nothing to Catling to induce him to tell me.
JAMES SKIPP . I am a wagoner to Mr. Lodge, and was so on Saturday, the 6th of August. About three o'clock that morning I was on the road with the wagon near the pond at Enfield Wash—Cook came to me on the bridge, and asked if I was going to London—I told him yes—he asked me if I could take a parcel for him up to London—I said, "Yes"—he said, "I have not got it here, it is down a little further," and that his other mate was with him—when we got a few rods further, Catling came up, and they both together put a bag into the wagon—I put my hand on the bag and thought I felt a riding saddle—I saw John Guiver take Catling and the bag—that was the bag they put into the wagon, and Catling got in with it—Cook had a black and white dog at the bridge—Cook went on, on foot, on the London-road, and the dog went with him—the constable came and took Catling at Tottenham Cross.
Cross-examined by MR. JONES. Q. Where do you come from? A. From Hertfordshire—it was a lightish night—Cook was in my company four or five minutes—he did not ride on my wagon—he and the other walked forward a little way, and then stopped at the public-house—I did not see Cook again for half an hour—we stopped at the Two Brewers, Ponders-end, for half an hour—he was then a quarter of an hour my company—I swear he is the man—I saw him again the same morning—another man was asleep in the wagon.
RICHARD WATKINS . I am a horse-patrol. On Sunday, the 7th of August, a person came for me, and I went to Edmonton watch-house to see Catling—he told me he had something to say—he told me the dog was gone to John Goodey's, near Gray's-inn-lane—I went there—the dog was not there.
HENRY MITCHELL . I am driver of Mr. Seager's coach. It comes in and out to Edmonton—it leaves town every night at half-past eight, and gets to Edmonton at a quarter before ten o'clock—I know the two prisoners—I carried them both sown on Friday night, the 5th of August—they were in company together—they went on towards Enfield Highway, and I saw no more of them—I had been in the habit of carrying them up and down before that—not on any particular days—they paid me.
CATLING— GUILTY . Aged— Transported for Fourteen Years.
(The indictment also charged Cook with having been before convicted.)
COOK—GUILTY. Aged 27.— Transported for Life.
MR. PHILLIPS conducted the Prosecution.
SAMUEL EMSLEY . I live at the Octagon, near Norfolk-street, Bethnal-green, and am a shoe-maker. The prisoner's husband was in my employ—I went to her house and found this pair of soles there—she said, "They are not Mr. Emsley's—I have had them three years"—the officer had the shoes in his hand—the soles were mine—there was a private mark of mine on them—I recognised them—she then said, "They are Mr. Emsley's."
Cross-examined by MR. PAYNE. Q. The prisoner's husband worked for you? A. Yes—for a year and a half—he never came for work then in his life—the work was given to his wife, always—my foreman gives✗ out—these soles were found in a chest of drawers—I cannot say when I had last seen them away—the work is delivered out for the husband—I do not know who took them away—the husband was at home when they was found.
MR. PHILLIPS. Q. Do you know whether he is her husband? A. I do not.
JOHN DOUGLASS (police-constable K 270.) I went to the house, and heard the woman say she had had them by her for three years—the prosecutor said they were his—she made a pause, and then said, "Well, they are"—she had before that attempted to take them from me.
Cross-examined. Q. Do not you know she is the man's wife? A. I thought not.
COURT to SAMUEL EMSLEY. Q. Is there a workman of yours called Osman, who lives in the house with the woman? A. Yes; several men live in the house.
MR. PHILLIPS. Q. Does the husband ever come to your house for work? A. No; his wife generally comes; but a boy has been for it.
MR. PAYNE. Q. Did you not say your foreman gave the work out? A. Yes—these were placed six, or eight, or ten feet from the place where they come for work—there is a sort of bar that any person can go through, but it is put there to keep them from going through—my foreman is there generally.
Prisoner's Defence. Mr. Elmsley will find, if he looks over his books, that I bought and paid for them, as they were spoiled—I do not know how long ago.
COURT. Q. You have said the husband was never there in his life? A. He never was, to my knowledge.
NOT GUILTY .
2189. WILLIAM RATLER MORGAN was indicted for stealing, on the 19th of September, 2 pairs of gloves, value 3s. 6d.; 2 yards of silk, value 13s.; and 2 pairs of stockings, value 3s. 6d.; the goods of William Plumpton, his master.
WILLIAM PLUMPTON . I am a linen-draper, and live in Whitechapal-road. The prisoner was my shopman—he came to my house as a single man—on the 19th of September, at half-past three o'clock, I charged him with being married, and demanded to look into his box—I there found these two pairs of gloves, and two pairs of stockings—the silk was found at his wife's lodgings—he gave the address, and I went there with the officer—these things are mine, to the best of my knowledge—I have matched them with the stock I have.
Cross-examined by MR. PHILLIPS. Q. Did you not ask him to allow you to inspect his box? A. Yes—he said he had no objection—I went up stairs—he said, with respect to these gloves, that he had bought them—if the shopmen buy, and pay ready money, it is not entered to them—I have not any private mark on these stockings—I have proved the silk to be cut from this roll—I have no private mark on the silk—his wife gave me this piece of silk—it measures about two yards—the prisoner was not with me at the lodgings, he was at the station-house—he said he had bought the silk, and paid 11s. for it—it has been matched on the roll it was cut from—only Povey, and another who is ill, and my wife and myself, take money—the prisoner says he paid Povey.
Cross-examined. Q. He never bought any thing in the shop from you? A. No; nor any thing of any of the other young men, that I know of—if they buy any thing it is generally entered, and they pay the wholesale price—if a person pays, their name is not mentioned—the lady of the house sometimes receives money—it passes through the young man's hands that cuts it off, and he hands the money up—when Mr. Morgan is there, there are six altogether in the shop—I cannot swear this is my master's silk, but I will swear he did not pay me for it—I believe his wife has bought things in the shop.
WILLIAM PLUMPTON . I have the prisoner's own hand-writing, on the 3rd of September, to prove the silk was ten yards in length, and it now wants this piece—these stockings I found in his box—they have been once washed—I cannot positively swear to them, nor the gloves—he said he bought these gloves of Bowen, but he did not—the officer heard it, and he said it before the Magistrate.
MR. PHILLIPS to WM. PLUMPTON. Q. Do you mean to swear you did not say, the officer heard him say that he paid Bowen for the gloves? A. If I did, it was because I did not understand the question—I asked if he had bought the gloves—he said he had—I asked of whom—he said of Bowen—Bowen was not present when I asked him of whom he had bought them—I went down stairs and called Bowen afterwards—the prisoner was present; I asked Bowen if he had sold the gloves to Morgan—the prisoner said, "You know you sold them to me one morning"—Bowen said, "I do not recollect it; "but he afterwards said he had not—I understand the prisoner's wife has been to the shop once—I do not know who told me so—it was mentioned in conversation.
Cross-examined. Q. You have not heard what your master has sworn? A. No—my master called me up stairs, and asked me if I recollected selling the gloves—to the best of my knowledge he used the word "recollected "—I said, "No Sir, I don't recollect"—that is not implying doubt—I believe Mrs. Morgan has bought at the shop—1 recollect seeing her buy one thing there once, about two months ago—she never was there but once—I will not swear it—she has been in the shop frequently.
NOT GUILTY .
Sixth Jury, before Mr. Common Sergeant.
WILLIAM THWAITES . I am porter to Mr. John Fergusson, a woollen-draper. On the 21st of September the prisoner came to our shop to pay for something he had bought—he produced a sovereign, and I was sent out to get change—I came back, and gave him 15s., the value of the article he was to pay for—soon after he was gone some silk serge was missed—I went after the prisoner and found this serge upon him—it is my master's property—I had seen it before in his dwelling-house, which is in the parish of St. Martin in the Fields—this is the serge—it is worth about 10l.—when I came to the prisoner he said he had not taken any thing—I looked into his bag, and found it.
(The prisoner received a good character.)
GUILTY of stealing under the value of 5l . Aged 30. Confined Six Months.
was found on him—we have four young men in the house who might have sold it, they are not here.
NOT GUILTY .
GUILTY . Aged 21.— Confined One Year , and to find Sureties.
OLD COURT.—Monday, September 25th, 1836.
Fourth Jury, before Mr. Sergeant Arabin.
GUILTY .— Confined Six Weeks.
MESSRS. ELLIS and CHAMBERS conducted the Prosecution.
JOHN GEORGE JOHNSON . I am a green-grocer, and live in Tothill-street, Westminster. On the 27th of August the prisoner came to purchase a cabbage, which came to 1d., and offered a bad shilling—I told him it was bad—he said he would go and get another—he went away—I kept the shilling, and put into my left-hand pocket—I afterwards gave it to the policeman—I had no other shilling in that pocket—he came again between four and five o'clock, and gave me another bad shilling for another cabbage—I called my father from the desk, and said, he was the man who passed the other shilling—I called a policeman in who was passing—my father kept the second shilling.
Cross-examined by MR. PAYNE. Q. How long was the person who came the first time in the shop? A. I cannot exactly say—it might be four minutes—I told him it was bad—I am sure it was the same person that came again—my mother was in the shop the first time, but she did not see him, for she was at the other end of the shop—many persons come for cabbages, but I am quite sure of the prisoner.
JOHN JOHNSON . I am the father of the last witness. On Saturday, the 27th of August, I was in the settling an account, about half-past four o'clock—my son showed me a bad shilling, and said, "He is the man who passed the other bad shilling"—the prisoner heard it, and said it was a good one—I sent for a constable, but could not find one—I told the prisoner I should take him into custody, and while my son went for a policeman he ran away—I had shown him the shilling my son gave me, and asked him what he meant by it—I kept the shilling in my hand, marked it, and gave it to the policeman.
Cross-examined. Q. How many bad shillings did your son give you that morning? A. Only one.
EDWARD ALLEN . I received two shillings from the two witnesses, which I produce—I took the prisoner into custody, at seven o'clock the same afternoon, in Strutton-ground—he made great resistance, and I was obliged to call two constables to my assistance—he was searched at the station-house, but nothing was found on him.
GUILTY . Aged 24.— Confined One Year.
JEMIMA ELIZABETH SCRIVEN . I live with my father, who keeps a chandler's shop in Grosvenor-place, Commercial-road. On the 27th of August the prisoner came, and bought half an ounce of tobacco, which came to 3/4 d.—he gave me a shilling—I looked at it very much, expecting it was bad—it looked as if had been in the fire, from the colour—I suspected he had been in with bad money twice before, and I had turned him away—I was not quite certain of it—I gave him 11d. in change—he returned me a farthing for a pipe—I put the shilling in the corner of the till, and after he was gone I took it out—I was quit satisfied it was bad—I showed it to the person who came down stairs—I marked it, and wrapped it up in paper, and kept it in a box by itself till the 3rd of September, when the prisoner came again for a penny candle, and gave me a sixpence—my mother stood near the door, and when I went to the till, as if to get him change, I said to my mother, "Shut the door"—I then said to the prisoner, "You are the young man who gave me a bad shilling on Saturday night last"—he said he did not know he had given me a bad shilling—I said it was him, I was certain, and if he would give me good one for it I would let him go—he said he would go and get one, but he had not got one with him, and would leave his jacket—I went to get a policeman, and gave Brown the shilling and sixpence, and he returned them to me—I took them to the station-house, and afterwards saw the Inspector deliver them to Brown—I am sure they are the same.
MR. FIELD. These are both counterfeit.
GUILTY . Aged 18.— Confined One year.
JOHN HASWELL . I am a coal-dealer, and live in New Tothill-street. On the 11th of August, about eleven o'clock in the morning, I saw the prisoners at my coal-shed—Barber bought 1/4 cwt. of coals, and gave me a dollar to pay for it—I kept it in my hand awhile, and put it into my pocket, where I had nothing else—I gave her half-a-crown, one shilling, and two sixpences—she put the coals into a bag—they came to 6d.—they went away together—I afterwards showed the crown-piece to my daughter—she asked me for it, and I gave it to her—in consequence of what pawned between us, we followed the prisoners—my daughters ran faster than I did—they were running—I saw my daughter stop them—I only saw Barber—she was brought back to me—I took hold of her, and said, "You have given me a bad dollar, and I must take you into custody"—as soon as I got to the door there was a policeman and constable—I gave her in charge of them—she said somebody had given her the money, but I do not know who.
Cross-examined by MR. DUNBAR. Q. Did you see her throw any thing away? A. Yes; but I cannot make much of that—I got my coals again, and the officer has the change—it was a very good-looking dollar—it was not in my pocket half a minute.
went and took it to my mother—she tried it on the step of the door, and I ran after the prisoners, leaving the crown-piece in my mother's hands—I asked the prisoners to come back—Barber said she would see me d----d first—I got the crown-piece again from my mother.
Cross-examined. Q. What did you ask Barber to come back for? A. To show her the crown-piece—she did not say she did not know that it was bad, or that it was one she had taken.
JAMES SHAW . I live in Vine-street, Westminster. I was in New Tothill-street, and saw the prisoner Barber had a crown-piece in her hand—she stopped, took up a bit of dirt, and rubbed it with her hand, and wiped it off—they then went up to the prosecutor's coal-shed—I saw Barber pass the crown-piece into Mr. Haswell's hand—I afterwards saw them come out, and joined in the pursuit—they ran away—Barber threw the coals down at the prosecutor's feet—I saw Barber throw something down a grating at the time the policeman had hold of her—it was down the common sewer, which could not be searched.
Cross-examined. Q. How far from the prosecutor's was it that she robbed the crown-piece with dirt? A. About seven houses from his—I went and told the prosecutor's daughter to tell her father not to take it—I told Watson that Barber had thrown something down the grating—he took her to the station-house—it did not sound when it fell—the grating was full of water and dirt—no search was made for it—it was useless.
JOHN THOMAS WATSON . I am a policeman. I followed Barber—I heard the prosecutor's daughter call after the prisoners, and Jones said the would be d----d if she would come back—she threw down the coals—Barber then took up the bag of coals, and came back—I went home for my staff—Barber afterwards ran away, and I after her—I caught her in Chapel-street, and took a half-crown, two shillings, and two sixpences from her by force—she said a man gave her the crown-piece for a certain purpose, and she ran away to get him to give another for it.
Cross-examined. Q. Had she got the crown-piece back with her? A. No, she had not; but there was no man near—she said she had it at a gin-shop—I did not go with her to the house she said she took it at, but I went about myself to make inquiry, and no such person had seen there.
MR. FIELD. This is a counterfeit crown—it resembles a five-shillingpiece in all respects.
Cross-examined. Q. I believe sometimes coin has been doubted as genuine, and afterwards turned out to be real, in your possession? A. There have been cases of that sort—sulphur or gunpowder in the pocket will discolour money—I have not had coin in my possession which I believed counterfeit, and which proved to be genuine—I have seen coin which was sworn to be bad, and afterwards turned out to be good.
BARBER— GUILTY . Aged 22.— Confined One Year.
JONES— NOT GUILTY .
JOHN STILL, JUN . I live with my father, who keeps the Burlington Arms. in Old Burlington-street. On the 6th of September, the prisoner came to with a female and child, and called for a pint of porter, which I served him with—he threw down a shilling, I told him it was bad—he said he did not think it was—I took up a knife and cut it in two—he
he then said he took it at Bartholomew-fair, and said a good deal about it—the female then paid me in copper for the beer—I followed them to Bond-street, at the corner of Conduit-street, and there saw him leave the woman, and go to another woman, who gave him something—he went up to a shop window, rubbed his thumb on the pavement, and then rubbed what she gave him with his hand—I gave him in charge of a policeman, with the woman who had come with him to our house, not the one who gave him something—I saw Fox the policeman take something from his hand.
MICHAEL FOX . I apprehended the prisoner with a female—I searched him, and asked him to open his hand, and asked him what was in it—he said, "Nothing"—he would not open it, and I forced it open, and found a shilling—I searched him at the station-house, and found two more shillings in his waistcoat pocket—he had a good sixpence in another pocket, and 5d. in copper.
MR. FIELD. These four shillings are all counterfeit.
Prisoner's defence. I sold my coat, coming from Stratford, for this money—I did not know whether it was good or bad.
GUILTY .— Confined One Year.
WILLIAM MILLICHAP . I am a policeman. About half-past four o'clock in the morning on the 27th of August, I was at the Islington turnpikegate, watching—it was day-light—I saw the five prisoners come from George-yard—Jones and Bishop were riding in a donkey-cart, which Henry Cubbage was driving—James Cubbage and Manning were walking by the side of it—I followed them to the Peacock—they were talking together, as if in company—Henry Cubbage then got out of the cart—I followed them to the Blue-coat Boy, about 150 yards from George-yard—I stopped the cart there, and Jones jumped out and ran away—Bishop and Henry Cubbage were taken out of the cart—James Cubbage was secured, and Manning ran away—he was brought back by Savory and Virtue—I went over to the station-house with the prisoners in custody—I had to pass George-yard in the way, and saw Jones there—he was secured, and taken to the station-house—I saw Knott, another constable, find three half-crowns in the cart, wrapped up in an old sack—they were given to the sergeant—the name of Henry Cubbage was painted on the cart—I knew him before.
Cross-examined by MR. BALLANTINE. Q. Was Henry Cubbage walking with the cart? A. He was driving—I dare say he saw me when he got into the cart—he did not make any attempt to escape.
Cross-examined by MR. PAYNE. Q. What was there in the cart besides the sack? A. Two or three other sacks and baskets.
CHARLES KNOTT . I was a sergeant in the Metropoliton police in August last; I am now a constable of Chipping-Norton. I was in company with Millichap—his evidence is correct—I saw the prisoners come out of George-yard—I apprehended James Cubbage, who had been walking alongside of the cart—he made some resistance—I took Bishop part of the way with him, and they both made some resistance—I called another constable to assist me—I searched James Cubbage at the station-house, and found a counterfeit half-crown in his left coat-pocket—I searched the cart, and found three half-crowns in the sack—I have kept them ever since.
Cross-examined by MR. BALLANTINE. Q. What sort of a cart was it?
A. A small cart, drawn by a donkey—a costermonger's cart, which they have used a long time—they go about as costermongers, and sell fruit and vegetables.
CORNELIUS SAVORY . I assisted in following the prisoners—I saw Manning run away, and followed him he ran down St. John-street-road, and turned up Field-place—I saw him throw something from his hand on to the roofs of the houses—I took him into custody, and went back to the place where I had seen him throw something—it glittered as it went from his hand like money, and this piece of rag dropped on the ground—we searched the roofs, and I saw Virtue pick up three half-crowns from one gutter, and I picked up one myself, which I produce—I was within two yards of him when he threw it away—I reported at the station-house what I had found; and he said, as I was searching him, "You are a clever fellow to say you saw what I threw out of my hand"—I said I could not be off seeing it, I was so close to him.
Cross-examined by MR. PAYNE. Q. How far beyond where you say you saw him throw something away did you take him into custody? A. It was not one hundred yards from the time I started till I took him—he stopped the instant he threw it away, and I took hold of him—the houses are only story high.
Cross-examined by MR. PAYNE. Q. What time of day was it? A. Half-past four o'clock in the morning, quite broad day-light—I might be about nine or ten yards from him.
WILLIAM HORNSBY . I am a policeman. I followed the prisoners, and took Henry Cubbage—he put his hand to his mouth, threw himself back in the cart, and made some slight resistance—I caught hold of him—I considered he was swallowing something—I searched him afterwards, and found a good sixpence on him, and three good half-crowns on the pavement, but no bad money—he dropped the three good half-crowns, and threw himself on the pavement, and tried to get away.
Cross-examined by MR. BALLANTINE. Q. You found the three half-crowns on the pavement? A. Yes—I saw them drop from his right hand—I have known all the prisoners for years—the Cubbages are costermongers—I have frequently seem them selling vegetables.
JOHN FIELD . I have examined all the money—it is al counterfeit—they are made from two moulds—the one found in the pocket of James Cubbage is counterfeit, and corresponds with one of those found on the roof of the house—all the rest are from another mould—the three found in the cart and the three on the roof of the house all correspond. (The prisoner Cubbage received good characters.)
HENRY CUBBAGE— GUILTY .
HENRY JONES— GUILTY .
JAMES BISHOP— GUILTY .
THOMAS MANNING— GUILTY .
JAMES CUBBAGE— GUILTY .
Confined One Year.
ELIZABETH TOMLINSON . I am niece to Jonathan Hall, who keeps the Ship and Whale, Russell-street, Rotherhithe. On the 9th of August, between four or five o'clock in the afternoon, I saw the prisoner there—he had half a pint of porter, and offered me a shilling, which I received—I
looked at it, and said I thought it was a bad one—he said no, it was not, he had just taken it for some change—I then gave him 11d., and as he was going away I showed it to Mrs. Hall, my aunt—she called after him, and he was taken—I gave the shilling to my aunt.
Prisoner. Q. Did you put it into the till first? A. No—I put it on the top of the till—then took it to her—I am certain I gave her the same shilling.
Prisoner. Q. You called me back, and I came, and said I gave you a bad shilling? A. Yes—it was not put into the till.
JONATHAN HALL . My wife showed me the bad shilling—I had a cock-screw in my hand, and crossed it two or three times—a lighterman put it in his mouth and bit it in three pieces—I returned them to Mrs. Hall, and she gave them to the policeman.
GEORGE ALLAN . I am servant to Thomas Esberger, who keeps a wine and spirit shop in Farringdon-street. I saw the prisoner last August—I do not recollect the day—he came for a half-pint of beer, I served him—he offered me a bad shilling—I bent it, and then gave it to my mistress, who was by my side—she asked the prisoner what he meant by giving such a bad shilling to a little boy behind the bar—he said, "Is it bad?" and wanted it back, to go and change it where he took it, but she refused—I went for Shaw, the constable, and when I came back I saw the prisoner running away—Shaw caught him just by Turn-again-lane—I pointed him out.
MARY ESBERGER . Allan gave me a bad shilling, and I had the conversation with the prisoner he has stated—I sent him for a constable, and while he was gone the prisoner ran away—I am sure he is person—I delivered the shilling to Shaw.
MR. FIELD. This a counterfeit shilling, and here are three parts of another, which are also counterfeit.
GUILTY . Aged 19.— Confined One Year.
NEW COURT.—Monday, September 26th, 1836.
Sixth Jury, before Mr. Common Sergeant.
LEWIS WORMS . I live in Whitechapel, and am in partnership with Aaron Worms. About eight o'clock in the morning on the 24th of August, I was walking in front of my shop—I saw the prisoner in the act of taking a shawl from my window—I called to a person in my employ—I collared him—he made resistance, but, with the assistance of half a dozen more, we secured him—he had removed the shawl from inside my window—this is it.
Cross-examined by MR. PHILLIPS. Q. How do you mean inside your window? A. It hung inside, with many others—I am not aware that any pane of glass
had been broken before, but I suppose he must have broken it—my father is in partnership with me—the prisoner appeared not to be drunk, but he pretended to be so.
Cross-examined. Q. Had he got any distance? A. About two yards—he had doubled it up in his hand.
GUILTY . Aged 26.— Confined Eight Days.
ESSEX LARCENIES, &c.
Before Mr. Recorder.
2201. MARY ANN SAUNDERS was indicted for stealing, on the 21st of August, 1 waistcoat, value 6d., 1 snuff-box, value 1s., the goods of James Kendall: 6 printed books, value 4s. 6d.; and 1 looking-glass and frame, value 2s. 6d.; the goods of Henry Balls, her master.
JAMES KENDALL . I live at Woodford, in Essex. On the 25th of July I went to the house of John Daley, a gardener, at Woodford-bridge, in the employ of Mr. Balls—the prisoner lodged them at that time—I saw her there—I found a waistcoat of mine, and a snuff-box, which I had lost from my bed-room, in a house of Mr. Balls', about 100 yards off, but on the same premises.
FRANCIS BALL . The prisoner was my servant, and left me on the 22nd of August. We lost some French dictionaries—I went to Daley's house—he was my husband's gardener—I there found the books now produced, in the prisoner's bundle—she was present—I charged her with taking them—I also found a looking-glass belonging to Mr. Balls I keep a school—the books belong to some of my young ladies—they were in my care—I had a written character with the prisoner.
Prisoner. The looking-glass I only borrowed, not ten minutes before—the dictionaries I know nothing about—the teacher told me all I found lying about I might have to keep—the waistcoat was lying about, very dirty, a long time—the gardener's little boy had none, and I washed it and gave it to him.
MRS. BALLS. She had no business with the books.
GUILTY.—Recommended to mercy. — Confined One Month.
Before Mr. Sergeant Arabin.
2202. HENRY TONKIN was indicted for stealing, on the 2nd of September, at Walthamstow, 3 ✗dles, value 5l.; 46 spoons, value 26l.; 1 pair of sugar-tongs, value 10s., 1 butter-knife, value 12s.; 1 skewer, value 17s.; 26 forks, value 20l., 5 mugs, value 7l.; 1 cork, value 3s.; 1 snuffer-tray, value 2l.; and 1 handkerchief, value 3s.; the goods of John Watson Borradaile, his master, in his dwelling-house.
MR. DOANE Conducted the Prosecution.
JULIA NORTON . I am cook in the service of Mr. Borradaile. The prisoner was his footman for five or six weeks—on the evening of the 2d of September my master went out to dine—that was known to al the servants—about eight o'clock in the evening the prisoner shut up the house, and then went out—he said he was going to take his boot to be mended—he was gone much longer than he need have been going to the shoemaker's which
is about a quarter of a mile—he was gone nearly an hour, if not more—when he returned he was very pale—I remarked it to him, and he told me he had been very much frightened—he washed himself before supper, after he returned, which was not usual—after supper, between nine and ten o'clock, when I was going to bed, I wished Eliza, the nursery-maid, to go with me to bed, and the prisoner said, "She has gone to bed, and has taken the plate up"—I took the candle to go to bed, and met Eliza,—I told her what the prisoner had said—she said, "I have not touched the plate"—I turned round to the prisoner and said, "Henry, where is it? where did you it?—he said, "Oh! Cook, I left it all ready on the dresser"—(we frequently carried it up stairs to save him the trouble)—I went into the pantry with Eliza and him, and the plate was gone—he said, "Oh! what is to be done? the plate is gone!"—he said, "Oh! my master will have me takes up"—we searched to see if any body was in the house—he went with us into every room, and finding nobody, he went to inform master—that was about ten o'clock—he returned with my master, and was taken into custody that night.
JURY Q. Did you ask him what had frightened him? A. Yes—he said a man had jumped over the hedge, and frightened him very much and he had like chains rattling after him—I had seen no stranger, of my description, about the house—my fellow-servant and myself were about our work as usual.
Prisoner. Q. You saw me go out of the house with a boot in my hand? A. Yes—I cannot say exactly at what time you returned.
ELIZABETH RODWELL . I am nursery-maid to Mr. Borradaile. On the evening in question, after the house had been shut up by the prisoner. I had occasion to pass from the kitchen up stairs—I went through the hall; the first time I went up the hall door was shut—it was merely on the latch—it ought to have been locked—this was about eight o'clock—there are panes of glass on each side of the hall door—one of the shutters was down, and the other up—the pantry opens into the hall, very close to the door—there was a light in there, which would enable any body outside, looking through the glass, to see if any body was in the hall—I saw the plate-basket on one end of the dresser at that time, and the candle on the other end—the plate was quite safe—I went up again in about twenty minutes or half an hour—I then found the back door open—I closed it but I cannot say whether the plate was there, as I did not suspect anything—I am quite certain it was there on the first occasion—I did not see a creature about the house.
JURY Q. Could any stranger going by look through the window and see the plate? A. Oh, no.
JOHN WATSON BORRADAILE, ESQ . I am a merchant, and live in Fenchurch-street. At this time I was staying at Walthamstow—it was my temporary dwelling-house—the prisoner came into my employ about the 1st of August—on the 2nd of September I was dining out, and about a quarter past ten o'clock, just as I was preparing to return home, the prisoner came to me—he knew as early as nine o'clock that morning that I was going to dine out, as I had sent him to the house to inquire at what time the dinner hour was—he came to me at ten o'clock, and said something very serious had occurred at home—I asked him what it was—he said the plate was all gone—I asked him how it happened—he said he did not know, he had left it all safe in the pantry, and had been out to the boot-maker, and then told the story about being frightened by somebody jumping out of a bridge—I
was not at all satisfied—he returned with me on the box of the carriage—in the mean time a policeman had been sent for, whop arrived in a few minutes after I got home, and, after questioning the servants, he said to the prisoner, "You are concerned, you know something about this," and recommended me to give him in charge, which I did—he was remanded until the 5th, and then discharged, the plate not having been discovered—I have since seen it all—(looking at it.)—this is my plate—I have examined it at Worship-street, and at the station-house—the value of it is from £60 to £70—this handkerchief is also mine.
JAMES DAWTREY . I am a policeman. On the evening of the 12th of September I was on duty in Lea-bridge-road—between nine and ten o'clock the prisoner passed me, going towards Walthamstow—he had this large cloak on, with a fitch collar and fitch cap—he wished me good night—I wished him good night, and he passed on—between twelve and one o'clock I met him coming in a direction from Walthamstow—he was carrying his arm under his cloak, and, as he passed me, I turned round and perceived something bulky under his cloak—I called on him to stop, as I wished to speak to him—he immediately ran away—I sprang my rattle, and pursued him closely—I had no lantern with me—my brother officer, Rolfe, came out of the adjoining beat and stopped him, and he found the property—the prisoner's hands were dirty—there was a deal of mould on the plate, and his hands had mould upon them—I searched him, and found the handkerchief now produced on his person—I told him I had seen him go down the road—he denied it, but after questioning him again he said he could not recollect it.
JOHN ROLFE . I am a policeman. I was on duty in Pond-lane, and came up to the prisoner and secured him—I left Dawtrey to search him, and returned to the spot I stopped him at, and there found a carpet-bag, containing a basket with the plate in it which has been produced—I found it at the corner of the Back-lane.
THOMAS GODWIN . I am a policeman. I took the prisoner into custody the first time, and searched him—I found this carpet-bag and this basket is a field—the prisoner afterwards acknowledged them to be his.
The prisoner put in a written Defence, declaring his innocence, and stating that he had merely left the house to go to the shoe-maker's; that on the night of his second apprehension he was not in possession of my bundle; and the handkerchief found on him he picked up on Len-bridge, and it being a wet night, he might then have dirtied his hands—that he should have stopped, on the policeman calling to him, but, being late, he was anxious to get home.
(The indictment also charged a previous conviction.)
GUILTY.— Transported for Life.
Before Mr. Common Sergeant.
SARAH EARDLEY . I live at Romford. I was coming home. on Tuesday last, from Low Layton—the prisoner and two other lads overtook me—one of them offered to carry a bonnet-box which I had—I refused once or twice, but art last I gave it to the prisoner—instead of showing me the
way, as he said he would, he threw me down, and took the box from me—it had a gown in it—in about half-an-hour's time one of the other boys brought the box back, and the gown was out of it.
Cross-examined by MR. PHILLIPS. Q. The other boys went away with this box, did they not? A. Yes—I do not know that he ever intended to rob me—he robbed me, certainly—I have also indicted him for attempting to violate me.
COURT. Q. Did the prisoner stay with you? A. He took the box away from me, and threw me down—he went away with the box.
JAMES CHILMAN . I was coming to town from Stratford to Temple Mills, and met the prisoner walking with a young woman he inquired it that was the way to the Pigeons—I said "Yes, the way to Romford"—the young woman was carrying a box.
JAMES HOPE . I was in the lane, and while standing at the stile, I saw Campbell and one Cunningham come over, followed by Quinlan—they proceeded one hundred yards—then Cunningham and Quinlan got over a hedge, and deposited something under it, leaving Campbell behind in the lane—I did not see the prosecutrix.
SAMUEL GUTTERIDGE . I am a patrol. I came from Stratford on Tuesday, the 16th of August, I was sent for by Mr. Hope, saying that there was a gown hid in the hedge—I went and found this gown—I went in search of the three lads—two absconded—found the prisoner in Well-street—I since find the prosecutrix has lost a gown.
Cross-examined. Q. After a long search you found Campbell? A. Yes—he was discharged, and taken a second time in a house in Holloway Down—he was discharged the first time, not finding any person to own the property.
NOT GUILTY .
JOHN EVENDEN , about four o'clock on the 4th of September, I went on board the steamer coming from Gravesend to London—I had a watch at that time—I missed it in the course of three quarters of an hour—this is it.
ANN KILBY . I was on board the Diamond steamer about five minutes before four o'clock on the Sunday—I go down on Saturdays with straw bonnets, and on Saturday night it rained, and I could not return—I came home on the Sunday, and saw the prosecutor on board, and the prisoner, and a woman—it began to rain, and we went into the cabin—the prosecutor was down, and the prisoner, and the woman, and I went down; and there was another person, who attends Gravesend-market with clothes—we sat on one side, and the prosecutor, the prisoner, and the woman on the other—they had a glass of rum—the prosecutor then said it was not raining, and he would rather be on deck—he went, and the woman and the prisoner followed him—I then followed—the prosecutor, not being accustomed to be on board, fell—the woman stumbled over him; and, upon their getting on their feet again, the prosecutor treated them with a glass of rum, and said he was very sorry to be the cause of her falling—a few minutes afterwards the prosecutor was going about the vessel, lamenting that he had lost his watch—several gentlemen asked him who he had been with—he said he did not know—I said there was a man and woman on board who he had been with, and I should know them again—I pointed them out—the
woman was searched first, but nothing was found on her but 2s.—we came on deck again, and I pointed out the prisoner—he said he had never been down in the cabin—I said, "Yes, you have, and had a glass of rum"—Mills said, "Well, it will do you no harm to empty your pockets"—they went down into the cabin—I was on the steps—the prisoner emptied his pockets into his hat, and he said, "Now are you satisfied?"—Mills said, "No, I am not quite satisfied; you have not emptied your right-hand great-coat pocket"—he then put his hand in his pocket, and brought out a pencil-case, and a knife, and handkerchief—he laid the handkerchief on the table in a careless manner—Mr. Mills took hold of the corner of it, and the watch fell from it.
Cross-examined by MR. DOANE. Q. The prosecutor had been drinking? A. Yes—he was not the worse for liquor—he said he had never been on board before—I did not see the prosecutor retire.
MR. DOANE to JOHN EVENDEN. Q. After you had been drinking, had you occasion to retire? A. No—I did not—I swear I recollect accurately what took place—I never missed my watch till I went to see what o'clock it was.
(Henry Setmore, horse-dealer, of Stroud; Thomas Lutford, chinaman, of Canterbury; and James Brooks, an earthenware-dealer, of Canterbury, gave the prisoner a good character.)
GUILTY. Aged 19.—Recommended to mercy by the Jury. Transported for Seven Years.
Before Mr. Common Sergeant.
The prosecutrix did not appear. (See page 913.)
NOT GUILTY .
KENT LARCENIES, &c.
Third Jury, before Mr. Recorder.
CHARLES STOKES . I am a boot and shoemaker, and live in Stockwell-street, Greenwich. On the 31st of August the prisoner came to my shop, between five and six o'clock—she was shown into the parlour by my servant, and sat down to be measured for a pair of boots—while she was sitting down I observed her lay hold of her shawl on one side, and hold it very tight, and from that circumstance I suspected she had something belonging to me—I said to her, immediately after measuring her, "Have you not a bad arm?" thinking that might be the case—she said, "No"—I opened her shawl and saw the shoes under her arm—I took them from her, and said, "These are my shoes"—she at first said they were not—I said, "I know they are, and shall give you into custody"—I sent the boy for a policeman, and she was going to fall on her knees to beg pardon, and said she would pay for them, but, being frequently robbed, I gave her into custody.
Cross-examined by MR. CRESSWELL. Q. Were there other shoes about? A. Yes—it is usual for customers to take up articles to look at—I do not
think she had moved from her position—she was about five minutes in the shop—she tried several pairs of shoes on, and objected to them—I was frequently backwards and forwards in the shop, getting others.
JURY Q. Have you any private mark on the shoes? A. No; but the figure 2 on the toe—it is not my own making I have figures in the same hand-writing on my shoes in the shop—I cannot say whether she took them from the shop or parlour—I did not let her go out of the house.
MR. CRESSWELL. Q. Might not the person who made these, mark all his shoes with the figure 2? A. All of the same size he would mark the same—she appeared very much frightened when I charged her with stealing them—I have frequently handled these shoes during the last four weeks—I have had them in my hands perhaps fifty times—I swear positively they are mine.
JURY Q. have you any other shoes of the same size? A. Yes; but not of the same make—I think these were taken from the back of the chair on which she sat, but I cannot be certain about that.
GUILTY. Aged 18.—Recommended to mercy. Confined Ten Days.
EDWARD WILD . (police-constable M 9.) On the 19th of August I was on the race-course at Charlton, in Kent, in plain clothes. I saw the prisoner take a handkerchief from the gentleman's pocket, and put it up under his waistcoat—I secured him, and found it there—it was claimed by Mr. Morriss—I took the prisoner to the cage—I had watched him for an hour before, and saw him make several attempts.
RICHARD MORRISS . I live at Lee, in Kent. My father is a farmer—I think this is my handkerchief—it is very much like the one I lost—I have no mark on it—I had a silk handkerchief in my pocket of that pattern, and lost it on the race-course.
Prisoner's Defence. I found the handkerchief lying on the ground,
(The prisoner received a good character.)
GUILTY . Aged.— Confined Six Months.
2208. HENRY WATERS and JAMES JOHNSON were indicted for stealing, on the 7th of September, 1 canvass bag, value 1d.; 20 sovereigns, and 4 half-sovereigns, the goods and monies of David Robert Burry, from his person.
the St. Helena tavern, Deptford Lower-road, and had taken rather too much liquor—I was going to Rotherhithe, and fell in with two soldiers—one of them passed on, the other came up and asked me where I was going—I asked him to tell me where I was, and to direct me to Deptford Lower-road—he said he would put me all right if I would stand something to drink—I said I had no money—I gave him a shilling, and said that was all I had got—he said, "You have plenty of money in this pocket," tapping his hand to my trowsers pocket, and in an instant I found I had lost a canvass bag, containing 20 sovereigns and 4 half-sovereigns—I cannot say whether either of the prisoners were the men—Dennis Coleman came up to me immediately afterwards—he asked if I had not been robbed, and offered to assist me—I went to the barracks with him—I had seen my money safe at the St. Helena—he struck my pocket and made it rattle just before he took it out of my pocket.
DENNIS COLEMAN . I am a milkman, and live in Lower-road, Deptford. On Wednesday evening, the 7th of September, I saw the prisoners accost the prosecutor—I knew them before—I have served the barracks with milk a long time, and knew them well—I was not quite a hundred yards off at the time—it was about half-past seven o'clock—I had been speaking to a neighbour at his door before when they passed by, and Johnson stopped and spoke to me—I asked him where Waters was gone—he said he was gone to make it all right—I don't know what he meant—he left me, and went up to the prosecutor—Waters had met the prosecutor after he passed me, and went up to him, about one hundred yards from where I stood—I heard Johnson ask Mr. Burry for some money—he said he had not got any—Johnson said, "I know you have plenty," and tapped his pocket with his left hand—Waters was leaning against the rails, about ten yards off at that time, and within hearing—Johnson remained talking to Mr. Burry about a quarter of an hour—waters did not go farther than ten yards all that time—I saw Johnson doing something to his pocket, and heard him say he had plenty of money—I heard Burry afterwards say to Johnson, "Give me my money back again, you have got it"—Johnson said, "You said just now you had not got any money; but if you have lost any thing, come to-morrow morning to the Tower, you will find me out there; I shall be benighted and locked out," and the prisoners both went away together—I went up to the prosecutor, and asked if he had been robbed—I went with him to the barracks—the prisoners were not there—I went to the drill serjeant and told him their names—they told me if I met them to give them into custody—I am quite certain the prisoners are the two men who passed me and went up to the prosecutor—I don't think Waters was ever further off than ten yards—he spoke to the prosecutor before Johnson went up to him.
EDWARD LONSDALE . I am landlord of the Ship and Sailor, Effingham-place, Deptford. On Wednesday evening, the 7th of September, the prisoners came to my house, about a quarter past eight—Johnson said, "Landlord, did not you trust me a pot of beer this afternoon?"—I said, "I did"—he said, "Will you trust me another?"—I said, "No, I can't trust any more"—he said, "Then I won't pay you what I owe you"—I said, "I can't help that"—one of his comrades said, "Why don't you pay the man for his beer?"—he then gave me a sixpence, and I gave him change—they then asked me for a private room—I said, "There is nothing but the club-room up stairs"—they said that would do—I said, "What do you want of a private room" all your comrades are here"—they said they had a little business to settle—I lighted them up stairs, and took them a quartern of rum—I suspected something was not right—I called a young man, and put him to look through a broken square of glass into the room, to notice what they were doing—he came down to me, and said something—when Johnson came down he showed me a sovereign, and asked if I was in want of a sovereign—I said, "No"—he said, "If you are, I will lend you one, or four, or five more"—I said, "All I have to say to you is, take care of your money"—he showed me a yellow canvass bag with some sovereigns in it—he knocked it against the counter and said, "I have got plenty more landlord"—I said, "Very good, take care of them"—Waters then came down, and he showed me about ten sovereigns, open in his hand—each of them changed half-a-sovereign with me.
Deptford. On Saturday evening, the 7th of September, I was in the tap-room of the Ship and Sailor—Lonsdale told me to look into the club-room window, through a broken square, and I saw a bag and some gold on the table—the prisoners were in the room—when I came down I told the landlord what I had seen.
BENJAMIN LOVELL (police-serjeant R 15.) On Wednesday night, the 7th of September, I received information from the prosecutor of his loss, and from Coleman—I went to the barracks about ten o'clock—the prisoners were not there—soon afterwards I met them in Old King-street, going towards the barracks—I followed them into the barracks—the serjeant of the guards ordered a file of men to put them into the guard-room—I asked them if they knew Coleman the milkman—they said, "Yes"—I asked if they had seen him that evening—they said, "No"—I asked if they had been down where he lived—they said, "No"—I asked if they had been with a gentleman who was in liquor—they said, "No"—I told them the charge—they said they knew nothing about it, and had no money about them—I was going to search Waters—he put his hand up to take his cap off, and some halfpence fell out—he was doing something to his cap—I seized his wrist, and in his hand found six sovereigns, half-a-crown, and three shillings—Johnson refused to be searched, and was very violent—he took a shilling, a sixpence, and a few halfpence from his pocket, and there down on the ground—he was searched, but nothing was found on him—he was very violent, and threw himself about.
Water's Defence. I never saw the prosecutor. I sold a reversionary interest to Mr. Hockley, of Bell-yard, Doctors Commons, about eight months ago, and received 62l. for it, and this was part of the money.
Johnson's Defence. I never saw the gentleman that evening—the money I had Waters lent me, which was a sovereign and a half—and he has lent me money before, and I have repaid him.
ALLAN MCCASTREA . I am serjeant of the 1st battalion of Scotch Furileer Guards. I have known Waters ever since he joined the regiment, which is about two years—I never knew any thing against him for dishonesty—his character as a soldier was rather irregular—that was in consequence of his having large quantities of money from different relations—he has had money to a large amount sent to him two or three times—his friends had lodged money for his discharge, and to buy him clothes, and he drew the money from the Bank, and absented himself with another young man for several days—at one time he had between forty and fifty sovereigns—I never knew any thing against Johnson for dishonesty—he was irregular as a soldier, but not dishonest.
JURY Q. How recently was Waters in possession of any number of sovereigns? A. I cannot exactly state I have not been at the same barracks for a fortnight.
DAVID ROBERT BURRY re-examined. I live in Bermondsey-street. I had been to the Blue Anchor-tavern, Blue Anchor-lane, to spend the day with some friends—that is about two miles from Bermondsey-street—I am not aware that any person knew I was in possession of twenty sovereign that day—I had no necessity of showing it—I received it from a person named Renton, a soap-maker.
BENJAMIN LOVELL re-examined. On the Thursday Waters told me it was a hard case he could not spend his own money, and that his sister had sent him 8l. from Brighton—at the next examination the sister was in attendance, but the Magistrate said it was not necessary to take her evidence as
they must bind her over to appear against her own brother, as she denied having ever seen him, or sent him any thing—the prisoner was present at the time—the canvass bag has not been found.
Waters. I had lent my sister 6l., and she gave me 8l. for it.
DENNIS COLEMAN re-examined. I saw Johnson put his hand to the prosecutor's pocket, and say, "You have plenty of money"—I was about one hundred yards off—I could see him very well—it was hardly dusk—it is a straight road from where I stood to where the prisoners stood—they spoke loud sometimes—I supposed, if any thing was wrong, the prosecutor would have made an alarm—he shook hands with Johnson—he was drunk at the time.
RICHARD HERBERT re-examined. Q. You have not stated all you said before the Magistrate? A. I heard Johnson and Waters say, "Let us have our right"—they were standing up in the room, with the table between them—they appeared on good terms, not quarrelling—I saw no more—money was thrown on the table, but I could not swear by which of them it was—this is my mark to my deposition (looking at it)—it was read over to me—what I have stated to-day is correct (read)—"Richard Herbert sworn. On Sunday evening last I was in the tap-room of the Ship and Sailor till about nine o'clock—Mr. Lonsdale called me out, and asked me to look in at the club-room window, and see what the soldiers were about—he held me up—I saw the prisoners sitting opposite each other, and they appeared quarrelling—one said to the other, "Let us have right"—one took a sovereign and threw on the table, which the other took up—I saw a yellow bag in the hands of one of them, containing sovereigns, but I cannot say how many"—what I have said to-day is correct—I do not know how the rest came in my deposition.
DAVID ROBERT BURRY re-examined. I do not recollect shaking hands with either of the men—the man, when I said I was robbed, said, "Robbed! you said just now you had not any money—if you want me, come to the Tower;" and he ran off instantly—I cannot say how far the other soldier was from me—only one asked me for money, and the same man took my money, I am positive—the other was a very few yards off, and could hear and see what passed—I have no recollection of either of the prisoners—it was near eight o'clock—I should think any body could see hear what passed at fifty or a hundred yards' distance—the soldiers were in light dresses—I spoke very loud when I said he had robbed me—I believe there are lamps in the road—Coleman came up to me immediately after the men left me—I cannot tell where he came from.
WATERS— GUILTY .—Aged 21.
JOHNSON— GUILTY .—Aged 22.
Transported for Seven Years.
Before Mr. Justice Bosanquet.
2209. JOHN MILLER was indicted for burglariously breaking and entering the dwelling house of William Eldridge, about two o'clock in the night of the 31st of August, and stealing therein 1 copper, value 10s., his goods.
MARIA ELDRIDGE . I am the wife of William Eldridge, and live in the parish of St. Paul, Deptford, he rents the house. On the 31st of August, my husband and I went to bed together at eleven o'clock—the kitchen door was fastened with a latch—I saw it fast—we had a copper in the house, but it was not set—the policeman alarmed us about two o'clock in the morning—I came down stairs—I did not see the prisoner—he
was gone outside—I had no shoes on, and could not go out—there is a fence round our house—it is necessary to get over the fence to get through the gate to get to the door—the policeman was in the house when I came down—the cooper was not moved from the place where it generally stood—it was in the same place as it was when I went to bed, as far as I could recollect—I never saw the prisoner before.
WILLIAM ELDRIDGE . I was awoke about two o'clock by a loud knocking at the door, and begged of my wife to call the lodger, to see if her son was at the door, he being in the habit of coming in rather late sometimes—she called the lodger, and soon after the lodger came down, and said there was a man in the house—I had been brought home the preceding night with a sprained foot, and could not get out of bed myself—I know that the copper stood in the corner by a pile of bricks, and I could not observe any difference in it in the morning.
THOMAS DALE . I am a policeman. I was on duty at Deptford on the night of the 31st of August, and about two o'clock in the morning, as I walked up my beat, I heard a noise proceeding from the kitchen, like something falling down—I turned my lantern to the kitchen door, and found it a little open—I gave an alarm to my brother officer—I went in and found the prisoner lying down on his face—he pretended to be asleep, but when I awoke him he did not appear to have been asleep—I turned him over—we asked him what brought him there—he said that was a query to him—we alarmed the inhabitants, and a lodger came down—the cupboards were all open, and the copper standing nearly in the middle of the kitchen—I moved the copper into the corner—I did not perceive any of the cupboard doors broken—I had passed by that kitchen door about a quarter of an hour before—I am sure it was shut at twelve o'clock—I took the prisoner into custody—he resisted as much as he could—he kicked and knocked down one of my brother officers—he struck me—I took him to the station-house, and told him I took him for breaking into the house—he appeared sober—I cannot say whether he had been drinking.
BENJAMIN LOVELL . I am a police-serjeant. I was with Dale, and went into the house—I saw the prisoner sitting down in the middle of the kitchen, and the constable holding him—he appeared to have been drinking, but was not drunk—he spoke like a man who knew perfectly what he was about—I saw the cupboards open, and some drawers also—I saw the copper in the corner, lying on its side—I asked the prisoner how he came there—he said that puzzled him—he said he lived at Rotherhithe—we took him into custody—he knocked the policeman down, and was in the act of striking Date when I seized him.
MARIA ELDRIDGE re-examined. The kitchen door was fastened with the latch—a piece of stick would open the door—it is necessary to put something in to open it—the copper was standing on its side when I went to bed.
Prisoner's Defence. I do not recollect how I came near the place—I went home to a master I had been at work for—I was in liquor when I went I stopped at a public-house and got quite tipsy—I had to join a ship next day to go to sea.
THOMAS CARTWRIGHT . The prisoner worked for me. On the night in question, he came to me to receive his wages, at Greenwich, as he was going to sea—he was then very intoxicated I told him to get away home with his money—I paid him three days' pay, at the rate of 3s. 8d. a day—I stopped 6s. for beer—I paid him about 5s.
MRS. ELDRIDGE re-examined. I could not swear that all the cupboards and drawers were shut when I went to bed—the lodger might have gone into the kitchen after me—the cupboard doors were shut when I went to bed—I have only one lodger—she is an old lady—she came up to bed after me—she is not here—she came down first after the alarm—I came down shortly after—there are two cupboards which were both open, and two drawers were open.
NOT GUILTY .
Before Mr. Justice Bosanquet.
CHARLES GATES . I am a potter, and live at Plumstead, in Kent. The prisoner was my wagoner, as a regular servant—on the 16th of August, I sent him to Wood's, the nurseryman in Old Kent-road, with some flower-pots—he returned in the evening, and gave me 2l., and said it was not convenient for Mr. Wood to pay any more—he ought to have received 4l. 10s.,—on Thursday last I sent him to town again, and gave him directions not to call at Wood's, as I wished to speak to him—he came back in the evening, and I sent him to the house—he said he was summoned to Union Hall, for driving with rope reins instead of leather—I asked him what the fine was—he said "2l. 13s."—I thought it was a very heavy fine, and asked him if it was all for the fine of the rope reins—he said the officers charged him with abusive language, and the charge was extra on that account—I asked him how much—he said 20s.—I said I should inquire into it to see if it was correct—he told me that he went to Mr. Wood and got the balance, and paid it to the informers in the passage of Union Hall—he said he made up the difference himself, and the informers told him it would be less expensive than going before the Magistrate, and they divided the money between them—according to that he was 3s. out of pocket.
CHARLES WOOD . I am nurseryman. I remember the prisoner bringing the flower-pots—they came to 4l. 10s.—I paid him the whole sum on delivery—he gave me a receipt, which I have here—these are the words, "balance of account, "as it appears scratched out—it is as he gave it to me—he did not write it in my presence—here are twelve paint pots which were not paid for—he called on me last Thursday morning, and told me that after he had delivered the goods, he had had the misfortune to run against a chaise, and had to pay the damage out of the money he received of me; and he had told his master I had paid him the difference on account of the garden-pots, that he had got the money saved up at house, and intended to pay it to his master that evening—he begged of me to tell his master, if he should call that day, (which he thought very likely,) that I had paid the balance that morning, instead of the time the goods were delivered, as he was fearful he should lose his situation if I did not—I told him rather than he should get into trouble, and lose his situation, I would tell his master so—Mr. gates called in the afternoon, and asked for his small balance—I told him that I had paid his man that morning—I merely told him so rather than get the man discharged—I did not hear about the story of the fine.
CHARLES GATES re-examined. The prisoner did not pay me this 2l. 10s.—he represented to me that he had paid it for the fine—he has been in my employ fourteen or fifteen years—I am afraid he has been misled.
GUILTY. Aged 26.—Recommended to mercy. — Confined One year.
first Jury, before Mr. Recorder.
JAMES WILD (police-constable R 141.) On Friday, the 19th of August, I was on duty at Lea raees, at Charlton, in Kent—I saw the prisoner Wild take a handkerchief from the prosecutor's pocket, between four and five o'clock in the afternoon—the other prisoner was standing by his side, and saw what he was doing—he stood apparently covering him while he was picking the pocket—concealing him from view—I immediately laid hold of Wild as he was putting it into his pocket—he turned round, we had a scuffle, and both fell together—I called a sergeant who was with me to my assistance, and he came and secured him—I had seen them attempt several gentlemen's pockets before, but lost sight of them I am satisfied they were both acting together—at the time I took Wild into custody Jones made his escape immediately—I took him in a booth about two hours after, smoking his pipe—I found on Wild, 10s., two knives, two duplicates, and a silk handkerchief, besides the one the sergeant saw him throw away I believe.
Jones. The prosecutor said at the office he lost his handkerchief about two o'clock, and according to your statement it was between four and five I was not in company with the man. Witness. He was—they had four young women with them, and went into a booth—he was with Wild—I saw him distinctly lift gentlemen's pockets to feel if there was any thing—we lost sight of them, and when we saw them again they stood by the prosecutor, both together.
EDWARD WILD (police-constable M 9.) I was on duty at the races, and saw James Wild secure the prisoner Edward Wild—they had a scuffle on the ground, and while there the prisoner Wild took this handkerchief from his trowsers pocket, and threw it on the ground—I took it up, and looked for the prosecutor—I turned round, and saw him—I said, "Have you not lost your handkerchief?"—I had seen Jones turn up a gentlemen's coat pocket before, and Wild was with him—we followed them to a booth, and four women stood at a table there—they were in company with the women, and while I went round to the back of the booth the prisoners came out, and went round the race-course we followed them—there was a mob gathered, and they both stood there together.
Prisoner Wild. I stood in company with a lot of people, James Wild ran and pushed me down among them; he pulled me up, and the handkerchief lay there, but I had never touched it.
Jones. Edward Wild said he had seen me twenty times before, and had been looking for me—I said, "Why not take me directly, if you saw me do any thing?"—he said he was searching for me—I was selling a few articles. Witness. He had nothing for sale at all.
Jones. He said he could not swear to it before the magistrate—he said he had one like it. Witness. I think I said I believed it to be mine, and indeed I am confident of it as far as resemblance goes, but I have no particular mark on it—the Magistrate said it was quite sufficient to bind me over to prosecute—I discovered my loss about five o'clock in the evening—I
have no doubt it is mine—I had one of exactly the same pattern—it is so remarkable, I cannot be mistaken—it was given to me the moment I missed it—I heard a scuffle, turned round, and saw the policeman with one of the prisoners in custody—I said, "It is my handkerchief", and he said, "Yes, you are the person it was taken from"—but this man had a different jacket on before the Magistrate to what he has now—I never said I did not believe it was mine—I am certain it is mine—I had taken it out of my hat a few minutes before.
(The witnesses' depositions being read, agreed with their evidence.)
Wild's Defence. I was going to work, and met two or three respectable men, who persuaded me to go to the races—I was never at the races before—Wild came and threw me on my back, and the handkerchief was found on the ground.
Jones's Defence. The prosecutor has said many words wrong—I know nothing about it, and do not believe this man does.
WILD— GUILTY . Aged 34.
JONES— GUILTY . Aged 27.
Transported for Seven Years.
Before Mr. Common Sergeant.
JAMES SMITH . I live in Charles-street, Deptford. About half-past ten o'clock on the 2nd of September, I saw the prisoner walk into Mr. Pavey's shop, and take hold of a saucepan which was lying on the table, and put it down again—she walked a little way up the shop, then returned, took it again, and walked away—I followed, and called to her—she came back with it in her apron—I took her into the shop to Mr. Pavey, and left her.
Prisoner. I had it not in my apron at all.
GUILTY . Aged 44.— Transported for Seven Years.
GUILTY . Aged 18.— Confined Six Months.
Before Mr. Sergeant Arabin.
WILLIAM JAMES WHITEHEAD . I am a baker, and live at Woolwich. I know the prisoner, he has been in the habit of coming to my shop—I had missed weights before—the last time he came was on the 1st of September about a quarter before eleven o'clock, for a halfpenny-worth or penny-worth of bread—I quitted the shop—the weights were left in the shop—I missed them at ten minutes past eleven o'clock and saw them again on Friday, the 2nd of September, between one and two o'clock—I knew them to be mine.
I gave 4d. for the weights—I cannot tell when that was—I do not know when he was taken up.
JURY to WILLIAM JAMES WHITEHEAD. Q. Is there any mark on these weights? A. Yes—the bottom of one of them being chipped to make way for the stamp to go in—I do not know whether any one else had been in my shop.
GUILTY . Aged 17.— Transported for Seven Years.