CENTRAL CRIMINAL COURT
TWELFTH SESSION, HELD OCTOBER 24, 1836.
MINUTES OF EVIDENCE,
Taken in Short-hand.
GEORGE HEBERT, CHEAPSIDE.
On the King's Commission of Peace,
OYER AND TERMINER, AND GAOL DELIVERY.
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Before the Right Honourable WILLIAM TAYLOR COPELAND , LORD MAYOR of the City of London; Sir Stephen Gaselee, Knt. one of the Justices of His Majesty's Court of Common Pleas; Sir John Vaughan, Knt., one of the Justices of His Majesty's Court of Common Pleas; Sir William Bolland, one of the Barons of the Court of Exchequer; George Scholey, Esq; Anthony Brown, Esq,; Matthias Prime Lucas, Esq.; William Thompson, Esq,; Charles Fare brother, Esq.; Aldermen of the City of London; the Honourable Charles Wan Law, Recorder of the said City; Samuel Wilson, Esq,; Sir Chapman Marshall, Knt.; Thomas Wood, Esq.; John Humph, Esq,; Aldermen of the City of London; John Mire house, Esq,; Aldermen of the said City; and William St. Julian Arabian, sergeant at Law; His Majesty's Justices of Oyer and Terminer, and Gaol Delivery of New gate, holden for the said City, and Judges of the Central Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
COPELAND, MAYOR TWELFTH 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.
First Jury, before Mr. Justice Vaughan.
2239. WILLIAM SPINKS was indicted for a robbery on Joseph Smith, on the 17th of October, at Hanwell, putting him in fear, and taking from his person, and against his will, a handkerchiefs value 2s., 1 shirt, value 2s. 6d.; 1 waistcoat, value 1s.; 2 knives, value 8d.; 2 razors value 1s.; 1 pair of shoes, value 2s., 6d.; six keys, value 6d.; 1 box, value 1 d.; 1 collar, value 2d.; 4 half-crowns, 3 shillings and 4 sixpences, the goods and monies of the said Joseph Smith.
JOSEPH SMITH . I live in Herefordshire. I took some heifers and sheep from Herefordshire into Essex, to sell, and on returning I came through Hanwell, on the 17th of October—I stopped at the Duke of York public-house—I took some refreshment—I could not get a conveyance, and intended to sleep there, but the landlord said I could not—I went out to get a lodging—a person came out of the Duke of York after me, dressed in a flannel jacket—he said, "Old man. I can find you a lodging"—I walked a short distance with him, and then two others joined us—I had not got above twenty yards from Hanwell when they joined us, and said they were going the some way, and we all waked together—they took me over some fields and there was a hedge or two—they took me to a hay-rick—I could not see any public road there nor any foot-path part of the way—when we got to the hay-rick one of them seized me by the throat, and pinned me to the ground while the other two rifled my pockets—I had four half-crowns about three or four shillings in silver, and two or three sixpences, which they took, and four cotton handkerchief, and a bunch of about six keys out of my pocket—the prisoner was in the public-house when I left it—he was dressed in a flannel jacket—it was about nine o'clock when I left the public-house—it was rather a dark foggy night—there was no moon, that I could observe—it was very dark—the prisoner is the same height as the man that was in room—I have not the least doubt in my own mind he is the same person who came out of the house after me—I heard his voice in the room, but had no conversation with him—I am positive he is the man who was in the room, I have not the least doubt that he is the man who robbed me—they attempted to take my boots off, and strip me of my clothes—I begged and prayed of them not to take my clothes off—they were in the act of doing it—they were pulling to take my boots, and had hold of the handkerchief which was round my neck—they desisted when I desired them, and threatened, as they left me, that they would kill me if I make noise—I heard one of them say so—I cannot say which it was—they left me, and I remained
there till day-light, as I did not know which way to get away—they said, if I did not remain there they would kill me—I was not it all acquainted with the road or the country.
Q. How came you to go out of the road with them, where did you suppose they were going? A. I did not know where his house was—I though he might have a house to give me a lodging at—I gave a description of the property I lost, and the person and dresses, to the horse patrol—I have since seen the four handkerchiefs in the officer's possession—none of the money has been found—I consider I was as sober as I am now—I recollect every circumstance very well—I consider I was sober, sufficient to do any business—I was not disguised in liquor—the prisoner had the appearance of one of the man I saw in the tap-room—the other two men had dark clothes on, but I had no knowledge of them—I had no knowledge of the prisoner's countenance, but it was a man in flannel jacket.
JOSEPH SPILLMAN . I am horse-patrol of Hanwell. The prosecutor came to me on Tuesday morning, the 18th of October, about o'clock, and gave me a description of the things he had lost—he told me one of the parties who robbed him, had a flannel jacket, and the others were in dark clothes—he described where he had been robbed, and I went to inquire at the Duke of York what parties had been there that night—Hanwell is a large parish—it extends more than a mile round the Duke of York—in consequence of information, I took the prosecutor on to the rail-road, where people were at work, and told him to keep at a regular distance from me, and I would point our different men, who I though were concerned in it—I lost for a time, and then sent my partner after him, and I put myself in possession of the prisoner till he came there.
Q. Was that in consequence of the prosecutor's description? A. Yes; he had given me an account of his having a flannel jacket on, and by speaking to the landlord, I got possession of the prisoner at work on the rail-road, and went for the prosecutor—as soon as the prisoner saw him, he walked away from his work—he walked between the arches of the rail-road, and kept a little distance till I saw him out of sight—I then walked a little distance, and saw him on his hands and knees, between the tiers—thirty or forty yards from where he was at work—I followed after him, collared him, and brought him back to when I had seen him on his hands and knees—my partner came up, and I told him to go and look in the gravel in that part, and he found four pocket-handkerchiefs and a collar there—I asked the prosecutor if he knew them—he said, yes, they were his, he could swear to them—I then searched the prisoner, and found a box and knife which the prosecutor has sworn to as his own.
JOHN DENTON . I am a policeman. I accompanied Spillman to the rail-road, and saw the prisoner—I did not see him leave his work, as I was looking after the prosecutor—after he left his work, by Spillman's desire, I searched some gravel to see what I could find—the prisoner was in his possession, close to the spot at the time—I found four handkerchief, and a shirt collar covered with gravel, except a small corner—about half an inch of it—I took possession of them, and asked the prosecutor if he knew any thing of them—he said they were his—I did not hear the prisoner say any things.
JOSEPH SMITH re-examined I described the handkerchief to the officer—these are the same as were taken from me that night—the shirt collar is so tumbled I cannot say positively about it—this box belongs to me—the knife and a pair have been found, which are not here now.
Prisoner's Defence. On the night of Monday, the 17th of when I left work at the viaduct at Hanwell, I went home and had something to eat-from there I and three or four mates went to her King's Arms, and had some beer there—the room was so crowded we went over to the Duke of York—we sat down by ourselves in one part of the room—I suppose there were twenty persons in the room—the prosecutor sat by the fireplace, asleep—several sat by him—the room being so full we were obliged to sat as close as possible to each other—I sat there till about half-past nine o'clock when the landlord came into the tap-room, and said, "Come, old gentleman, it is time for you to go and seek for a lodging"—he would not get up then—the landlord went out, and one of my companions said, "Let us have a song", and a song was sung—this brought on nearly ten o'clock—the landlord came in, and said, "Now, I can't let you sleep, here, you must go and seek for a lodging, you have been here almost day, and I tell you cannot lodge here"—he then got up and went to the bar with the landlord—he was talking there, and the song was over—there was an order for another song, and we heard the prosecutor say to the I landlord, he had been robbed in the tap-room of money and some handkerchiefs—he said he had changed half-a-sovereign and lost the remainder, having spent 2s.—he went out, and I never saw him afterwards, till I was taken up on the Tuesday—I Stopped there till nearly half-past ten o'clock—in going home, by the sign-board I went to ease myself, and kicked against a bundle containing a knife, a box, three handkerchiefs and a collar—I took them up, and put them all in my hat—I did not know what they consisted of—I went home to my lodging, and in the morning saw what they were—I put them into my hat, and carried them to work—I came home to breakfast, and having only half-an-hour to breakfast, I had not time to inquire whether the old man would he there—I kept them in my hat, intending to inquire at dinner—time but before dinner-time came, and before I had been at work long, I was stooping and lifting the heavy timber—my hat kept tumbling off, being heavy with the things and I took the knife and box out and put them into my pocket—I then though I would go and hide the things, and take them up with me at dinner-time, as they were in my way—they kept knocking my hat off so constantly—I went to hide them, and while I was going from the place where I hid, them the officer came and laid hold of me, and set his partner to rake the ground over, and found them—I do not deny knowing they were there—I was taken to Brentford.
JOSEPH SPILLMAN re-examined. The men generally work on the rail-road in flannel jacket—there were a great many men there in flannel jackets—I had heard nothing about any robbery being complained of in the public-house, or of any property being left there.
GUILTY .— DEATH . Aged 22—Recommended to mercy on account of his youth, and believing it to be his first offence.
Second Jury, Before Mr. Justice Vaughan.
2240. WILLIAM BELL and AMBROSE ELMS were indicted for a robbery an William Havens, on the 24th of September, at St. Mary Matfelon, alias Whitechapel, putting him in fear, and taking from his person, and against his will, 6 half-crowns, 3 shillings, 2 pence, and 2 halfpence, the monies of the said William Havens.
do not know the name of the parish. On Saturday, the 24th of September, at about a quarter to one o'clock in the morning, I was walking in Whitechapel-road alone—I had been drinking, but was not out of the way—as I was just by Whitechapel workhouse I was stopped by five men—they pinned my arms and rifled my pockets, to the amount of 18s.—more than one pinned my arms—my money was in both my trowsers pockets, it was all in silver—there were six half-crown pieces and three shilling—they did not till me, or throw me down, they pinned my arms back—I was not on the ground—three of them ran away—I followed the other two till I met a policeman, and then told him I had been robbed to that amount, and they were two out of the five—he took them in charge—the prisoners are the person I gave in charge—I am positive they are the persons who assisted in pinning my arms, and robbing me—Bell forced his hand into one of my pocket—the other assisted in company with the five—they were all five round me—I do not know who took the money—I did not call out—I was afraid to, as I did not see an officer on the spot—I saw the policeman a short distance after I had been robbed.
Cross-examined by MR. PHILLIPS. Q. It was a late hour in the morning, where had you been? A. I had been on duty, I work in the East India Company's employ—I quitted my employment at nine o'clock—I had been to market, and come out again, and went and had a pint of beer—I had two pints, I had no more than two—I was quite capable of running—the two prisoners were walking—I am quite sure there were five about me—I was as collected as I am at the present moment—I was alarmed and very much frightened—I had never seen either of the person before to my knowledge—there was nothing to prevent the prisoner running—I saw the policeman about fifty yards from the spot—the whole affairs, being robbed an their running away, did not take above five minutes—I stated before the Magistrate it was two minutes—I was two minutes being robbed, and in about three minutes more the prisoner were taken—two policeman took them—I did not cry out at all—then was not above three houses near—they were close by, and appeared to be inhabited.
COURT. Q. You say Bell forced his hand into your pocket, have you always been very positive about that? A. Yes—I said before the Magistrate I was positive he was the man who put his hand into my pocket—I am sure I said I was positive—I expressed no doubt about it.
WILLIAM ARGENT . I am a policeman. On the night of Saturday, the 24th of September, I was in Whitechapel-road, crossing the road, about a quarter to one o'clock—when I crossed the road I met the prosecutor—he told me he had been robbed of 18s., and he said, "they are the two who were in the party—I was robbed by five, and those are two of the party," pointing to the prisoners; I followed him—he was walking very quick after them, and at Baker's-row I took Bell—my brother officer took Elms—they were both close together—I said to the prosecutor, "Are you quite sure these are two of the party"—he said, "I am quite sure"—I asked him particularly—they had gone on about fifty yards from the spot where he was robbed by that time—the road was lighted down there—I asked this question before the two prisoners—I said, "I must take them to the office"—and Bell said, "It will go hard with me, because you have had me before for attempting to pick Mr. Pearce's pocket"—Pearce is a superintendent—I searched Bell, and found 1s., 6d. on him—my brother officer searched Elms.
Cross-examined. Q. Did you see him searched? A. Yes—same half-prose were found on him—Bell said, "It will go hard with me, because you have me before"—I am sure those were the words—I saw two men ran past before I heard any thing about the robbery. (not a minute before), and I saw the two prisoners next—they walked very fast after the other two men—I have always given the same account of this—it was about quarter to one o'clock—I did not see four men together.
THOMAS ARNOLD . I am a policeman. I was on duty the same night, along with Argent—I was crossing the road with him a little before one o'clock—I saw two men run by me, in a direction from the prosecution—they were going the same way as he was going—the next I saw were the two prisoner—they walked by me, and the prosecutor close behind them—he told he should give the two prisoner into custody for robbing him of 18s—I took them—I heard Elms say he was quite innocent of it, he know nothing about it—the other said the same—I told the prosecutor to he quite positive of them before he gave them in charge, as it was a serious charge—he said, he was quite positive—I heard Bell say it would go hard with him, for he was quite in custody before attempting Mr. Pearce's, the superintendent's pocket.
Cross-examined. Q. Have you told all that they said? A. I think I how—I think Elms said, in the station-home, he should prosecute Haven's in false imprisonment—I know he did my so—I did not say before the Justice that they both threatened to prosecute for false imprisonment—I found 4d. or 5 1/2 d. on Elms.
COURT. Q. Did your hear Bell say any thing about prosecuting for false imprisonment? A. I did not—I heard him any he was quite innocent.
Cross-examined. Q. Did you say that before the Magistrate? A. Yes—I swear that.
JURY to WM. ARGENT. Q. Was the prosecutor the worse for liquor at the time he gave them in charge? A. He had been drinking but was quite perfeet—he came up to the station-house quite correct—I only saw four persons about—there was nobody passing and re-passing but those four—it was a perfectly night—there were lamps, and quite light—the prisoners were following the others quite sharp, and the prosecutor was following quite sharp—he said, "I have been robbed by those two; I was robbed by five"—there was a gas-lamp by the workhouse.
(Samuel Neil, grocer, 236, Whitechapel-road; Edward Knightley, victualler, Margaret-street, Hackney-fields; Richard Elliott, carpenter and joiner, 11 Goodman's-stile, Whitechapel; Samuel Taylor, bricklayer and builder, 11, Fore-street, Whitechapel-road, Thomas Coal, boot and shoe maker, 3, Bevis-marks, St. Mary-axe; Alfred Pratt, carpenter, 13, Great Pearl-street, Spitalfields; and James Smith, Victualler, Mulberry-tree, Mulberry-street, Commercial-road; deposed to the prisoner Elms's good character.)
BELL— GUILTY . Aged 24.
ELMS— GUILTY . Aged 23.
The Jury Strongly recommended Elms to mercy on account of his previous good character.
LONDON AND MIDDLESEX LARCENIES.
OLD COURT.—Monday, October 24, 1836.
First Jury, before Mr. Recorder.
MESSRS. SCARLETT and ELLIS conducted the Prosecution.
SARAH ANSON . My father's name was Edward—he died in April last—he kept a grocer's-shop. On the 4th of January last, the prisoner came and asked for half an ounce of tobacco—after I had weighed it, he threw down a shillings to pay for it—I saw it was bad—it was a very bright new looking one—I returned it to him—he took it up, and away he went—Guiver, who was in our followed, and took him.
WILLIAM CHAPMAN . I am foreman to Mr. Chaplin, the stage-coach-proprietor. On the 4th of January, I saw the prisoner making his escape from the constable, who hallooed, "Stop thief"—I made an attempt to stop him—he showed me down—I got up, and ran after him, but he got away—he threw away a pair of stockings and then a bundle—he then took a purse out of his right-hand breeches pocket, and threw it over a hedge into Mr. Gray's fields, by the hay-stack—he next threw a bowl of a spoon into a pond—I marked the place where the things were all thrown, and followed and took him, two or three yards further off, and delivered him to the constable—I then went after the things where he had thrown them—Mr. Cray picked up the purse—I went and showed him the place—I was about two yards from the prisoner when he threw it, and distinctly saw it was a purse—the same purse was found in the fields—I was present when the constable picked up the spoon—the pond was not more than five or six inches deep, and it was clear water.
JURY. Q. How did you know it was a spoon he threw away? A. I was very close to him—I saw him take it out of his pocket.
JOHN GUIVER . I am a constable. I was in Mr. Anson's house on the 4th of January—I did not see the prisoner, as I was in the shop behind a screen, talking to Mr. Anson, who was very till—some conversation passed between Miss. Anson and her father—the prisoner had just gone out then—in consequence of what passed, I went after him and took into—I had a bad hand—I had got him by the collar, and as I was taking him into the Rose and Crown, he twisted himself out of my band—I followed, and Chapman took him—I was not many from him—I saw him throw a purse over a hedge close to the road-side, near a hay-stack belonging to Mr. Gray—I was from eight to ten yards behind him at the time—I also saw him throw part of a spoon into the pond by the side of the lane—I told Chapman to hold him while I went and took it out—I produce it—I think it is made of Britannia metal—I took this spoon from his pocket afterwards—it is of the same metal as the bowl—Gray came up lane at the time we were bringing him back—he and Chapman went to the haystack and found the purse—this is it—Gray gave it to me—it contains twelve counterfeit shilling, and one of same sort cut in two.
Prisoner. Q. Where did you take me to? A. I was going to take you into the Rose and Crown—I searched you there, but found no money on you—I am certain this is the purse you threw away, because I was so near to you—I could see it fly the lane—it was about two o'clock in the afternoon—this string was attached to it then as it is now.
BENJAMIN GRAY . I live at Enfield. I saw the prisoner going by my house, pursued by the witness and the constable—I went to see what was she matter—I came up as they were bringing him back—in consequence of what I heard from Chapman, I went into my fields and found the purse lying close against the stack—I went over to the Ross and Crown, and gave it to Guiver, just in the same state as I picked it up—it contained twelve shilling and two halves.
JOHN FIELD . I am Inspector of coin to the Mint. I have examined all these shilling—they are all counterfeit, and have been produced from the same mould—here are two pieces of another counterfeit shilling, which corresponds with the other twelve—I have seen the bowl of a spoon which appears to me to be of Britannia metal—the shillings are of a similar metal—Britannia metal spoons are frequently melted to make coin of this description—this other spoon is of same description as the bowl—there re different sorts of Britannia metal—some is very superior to this—these shillings are of the inferior quality.
GUILTY . Aged 21— Confined Eighteen Months.
No evidence was offered.
NOT GUILTY .
NOT GUILTY .
GUILTY . Aged 67— Confined Six Moths.
GUILTY. Aged 19—Recommended of Mercy. — Confined Two Months.
OLD COURT.—Tuesday, October 25th, 1836.
Second Jury, before Mr. Recorder.
2246. HENRY JEFFREYS was indicted for eloniously receiving of a certain evil-disposed person, on the 1st of October, 1 cot, value 3d., the goods of John Wemys, well knowing the same to have been stolen; against the Statute & C.
MARY HINXMAN . I am a widow, and live in White-Conduit-street, Islington. On the 1st of October there was a knock at my door, and the servant brought me this card, requesting me to deliver to the bearer a great coat belonging to Mr. Wemys, who was my lodger—in consequence of which it was delivered to the person who brought the cart—it was a boy about sixteen years old—the prisoner also lodged the card—time—he went out at a little before ten o'clock that morning or thereabouts—it might he half an hour or more before the boy came of the coat, which was between ten and eleven o'clock—I thought that Mr. Wemys had authorized the card to be sent.
authority to any one to fetch away my great-coat that morning—I occupy the bed-room on the second floor, and the prisoner lodged on the floor above—I never saw him—I often leave my room door open.
Prisoner. Q. Have you any mark by which you know it? A. I have—at the time of fitting it on 1 found fault with it, as they had put padding showed—it is quite new—a person might see my coat by looking into the room—they might hold the door in their hand, and look behind it, without going into the room at all—it was hanging on the door when I went out in the morning.
Prisoner. I believe Mrs. Hinxman is quite aware that I did not know there was a lodger in the house, and therefore it is impossible I could know your name, to sigh the card. Witness. My name was on all my luggage, and on a hat-box standing in the room, any one who came into the room might see it—there is an attempt a Christian name on the card—(read)—"Please to send by the bearer my light-grey coat, which hangs behind my bed-room door—Wemys."
THOMAS GRATTAN . I am in the service of Mr. Cottrell, a pawn-broker in Shore-lane—this coat was pawned at our shop, on the 1st of October, by the prisoner, for 30s.—I quite positive of his person—it is a new coat—I cannot tell at what time it was pawned.
Prisoner's Defence. Two or three days previous to my having possession of the coat, I was wishing to purchase one. I was advised by a friend to go to Machin and Debenham's rooms, where coats were sold by auction, as unredeemed pledges—I tried on several, but they would not suit me—a person in the room said he was a tailor, and had one or two misfits, which he would sell me cheap—I was to meet him there on Saturday morning, which I did, at about half-past ten o'clock—I left Mrs. Hinxman's before ten o'clock, on purpose to meet him—I purchased this coat for 2l., and being in want of money at that time, I pledged it for 30s.
MARY HINXMAN re-examined. The prisoner said he belonged to a newspaper-officer, and collected bills—he used to go out very late, because he said he was not required to go to the officer till eleven o'clock—he kept late hours—he came to lodge with me on the 19th of September.
GUILTY . Aged 25— Transported for Seven Years.
JAMES LONG . I keep a chop-house and keep-shop in Cannon-street. The prisoner was frequently a customer at my house, for some years—he came on Friday, the 30th of September—I gave my servant directions, and in consequence of what she told me after he left, I went after he left, I went after him, and found him at the bottom of London Bridge steps—I said, "I believe you have got something belonging to me"—he said he had not—I said he had—I took off his hat, and there was a tumbler in it, with my name marked on it—another was found at his lodging, with my name on it.
(The prisoner put in a written Defence, stating that he was intoxicated at the time, and was not a aware of having the glass in his possession.)
GUILTY. Aged 54—Recommended to mercy. — Confined One Months.
2248. RICHARD WHITE and ROBERT POOLE were indicted for stealing, on the 24th September, 2 leather straps and buckles, value 7s.; 1 lamp value 1l.; 2 door-plate, value 15s.; 60lbs. weight of lead pipe, value 10s.; 6 door locks, value 12s.; the goods of John Wilks Hill: and 1 copper, value 2l.; and 30lbs. weight of lead, value 6s.; being fixed to a building.
JOHN WILKS HILL . I live in Warwick-place, Peckham, and am the owner of the houses, Nos. 2 and 3 Copper's-row, Crutched-friars; they have been unoccupied a considerable time. On Saturday, the 24th of September, I went to No. 2, and attempted to get in with the usual key that I have always been accustomed to use in opening the door—I put the key into the lower lock, and found it in a very different state to what I had left it in a few before when I came out' I had double-clocked the door—when I put the key in I found it on the single lock—I pushed against the door, and made a considerable noise—I conclude the holt at the top of the door was fastened inside—I immediately suspected some person were inside the house—I requested my eldest son, who was with me, to go to his house, which was nearly opposite, to got the keys of No. 3, to get over the back premises, and see what was going on—the went, and returned in a minutes or two, as he was approaching with the keys—I saw White come out of No. 3, and as he was passing the down the loser stop of the door, I took hold of him by the arm—he was going up the street, towards Trinity-square—I said, "My good Sir, what have you been about in this house?"—he said, "Nothing, I have not been in the house at all, I was only passing"—I said, "You must stop till I have better proof of that," and just at that moment four or five person gathered round the door—one of them said, "There is another man come out of the other house"—that turned out to be Poole—I immediately turned round and took hold of him—he said, "What are you going to do with me?"—I said, "You have been in that house, I must know what you have been about"—he said, "I have been passing down the street"—I said, "that is impossible"—on that a young woman came over, and said, "Mr. Hill, I saw that man come out of the house the day before yesterday, with a large copper on his shoulder, containing a considerable quantity of lend"—I then sent for an officer and gave them in charge—he took them to the station-house—I then opened the door, which I could not do before, with the same keys—I went into the back kitchen of No.2, and saw it in a deplorable state—I found the brick-work, which contained the copper, broken the copper gone, and the lead-work in the sink was loosened all round, ready to be moved—a pump was also removed and a large pipe, which supplied the cistern with water, turned up to remove, and lead—I then went to the station-house, and they searched the prisoner—I went back to the house—the officers soon followed—we examined, and found the box staple of the lock of No. 2 broken—we went into the kitchen, and found things as I have represented—we went up stairs, and found a brass lamp taken from
the stair-case, and two boxes, taken from a room up stairs, with locks, and several other things—we then came down, and went on the leads of the back kitchen, and there saw some marks of footsteps on a high cistern going over to No. 3—we went in there, and found two panes of glass broken in the back door, over the lock—it appears they could not makes an entrance in that way, but forced the door, and the box staple of the door was also broken—we went on the leads of that house, and saw similar impressions of feet on the other side—nothing was taken from No.3—we found a crew-driver in the passage—the lead pipe and copper had been fixed to the building and the lead covered the copper.
Cross-examined by MR. JONES. Q. What time in the day was it? A. Between two and there o'clock—I do not think it was a foggy day—I think it was rather fine afternoon—I did not open the door till both the prisoners were taken—I did not attempt to open the door till my son returned—the houses are rather large—they are close together—the steps of the houses are about three yards from each other—my attention was more particularly directed to No. 2—I stood very nearly on the steps of No.3—I stood between the two doors—there are four steps to each house—they project on the pavement—White did not say he had passed over the steps in order to save time—I saw him come of No.3—I was so near the door I could not do other wise than see him—he actually came out of the house and left the door open—the woman who gave me information lives just opposite—the doors of my houses are distinctly visible from hers.
JOHN HILL My father applied to me to get the keys of No.3, and as I got to the steps, I saw White come out of the door of the house—I laid hold of him, turned round to my father, and said, "Here is a man coming out of the house"—he came to me, and assisted me in holding him—I asked what business he had there—he said "Nothing"—I said, "You must be doing something there, which you ought not to do; you cannot deny coming out of the house, because the door is open"—he had one leg on the steps and the other in the house at the time—when my father came to my assistance, we both turned round nearly at the some time, and I saw Pool coming down the last step of No.2—I did not see him in the house—I left the two prisoners in my father's care, and went for the beadle.
Cross-examined. Q. Did he say he was merely passing along? A. No; he said he was doing nothing.
JANE BROWN . I am housekeeper to my brother, in Copper's row, Crutched-friars. I can see Mr. Hill's houses from own—on the Thursday before the 24th of September, I saw White go to No. 2, and knock at the door—the door was opened, and he went in—In a short time he came out with a copper full of lead, and went up the street with it—he returned again in a short time, and went No.2 again—on the 24th, between two and three o'clock, I saw Mr. Hill taken hold of White, coming out of No. 3, and saw Poole come of No.2, at the time they had hold of White.
Cross-examined. Q. Was that the first time you had seen White? A. Thursday was the first time I saw him—I saw him go in, and come out with the copper, and go up Jewry-street with it—I had seen him frequently before about, but not to notice him—his face was quite familiar to me—I never and Poole before.
Poole. The Lord Mayor asked if you had any thing to say about me, and you said no—the prosecutor and you were in deep conversation, and you cane up a second time, and said you saw me come of the houses Witness. Yes, I did—the prosecutor did not suggest my thing to me—I
told the prosecutor I had seen Poole come of the house, at the time I saw him take hold of White.
JAMES SAUNDERS . I went to Cooper's-row, and took the prisoners to the station-house—I searched White, and found a brad-awl, and gimlet, and a piece of string in his pocket—I afterwards went over to No. 2, and found the lead of the sink wrenched from the nails all round, and partly doubled up—I found a screw-driver in the passage of No. 3, and two panes of glass broken in the back door, which was forced.
Cross-examined. Q. The things you found on White are very commonly used by carpenters?; A. Yes—I understand he is carpenter—I found him sitting on the steps of No.3—he went quietly with me—I heard him say he was merely passing—I did not hear him say that he went over the steps instead of going round.
WILLIAM PLAISTOW . I searched Poole, and found him a plumber's knife and two pieces of string—the knife appeared as if it had been used to cut something—I afterwards went to No.2, and found a screw-driver and a sack—I found a piece of brass belonging to the box of the lock lying insides to the mat at No. 2, and this screw—this large screw-driver was on the kitchen floor of No.2.
HENRY HILL . I am the prosecutor's son. About half-past eleven o'clock, I was passing along Cooper's-row, and saw Poole come down the steps of No.2 with a pint in his hand—after that he went and knocked at No. 3, he then went again and knocked at No.2—he did not get in at either of the house—I went over to him, and asked what he was going to do with the porter, that it was no use to knock at those houses, as nobody was in them—he said he was sent from the public-house with a pint of porter for Saltmarsh, at Mr. Mayhew's—I directed him where I thought Mr. Mayhew lived—the prisoner were apprehended about two or three o'clock that day.
WHITE— GUILTY . Aged 34— Transported for Seven Years.
POOLE— NOT GUILTY .
GEORGE SMITH . I am a painter and live in Baker's-buildings, Live pool-street, Bishopsgate-street. On the evening of the 29th of September, I was at the bottom of Snow-hill, about half-past six o'clock in the evening, and felt a tug at my pocket—I put my hand down, and my handkerchief was not them gone, but on my immediately turning round, I saw a person, who I believe to be the prisoner—I then missed my handkerchief and accused him of stealing it—I have never seen it since—I have never expressed a doubt the prisoner—there was nobody so near to me as him
Prisoner. There were thirty or forty people present, and plenty of them as near to him as I was. Witness. There were a great many people, but no one was so near as the prisoner when I turned round and lost my handkerchief.
JOHN LAWS . I am an officer of Farringdon-street. On the 29th of September, I was going down Holborn-bridge, between six and seven o'clock in the evening—I saw the prisoner take a handkerchief from the prosecutor's pocket—I am certain of it—I immediately laid hold of him—there were a good many person about, I can venture to say the prisoner is the person—I searched him immediately, but could not find it—he
had the opportunity of getting rid of it—there were a great many loose characters about at the time—I am perfectly satisfied I saw him take it—it was done suddenly—I did not hear any one in the crowd address him, but the prosecutor did.
GEORGE SMITH re-examined. As he was going to the Computer, a young lad said to him, "Dick, never mind, it will only be for a night"—I did not appear before the Alderman the morning, but he sent for me.
(The prisoner put in a written Defence that on the night in question he was passing along, and saw a mob gathered together that he went to see what was the matter, when he was charged with stealing the handkerchief.)
JOHN LAWS re-examined. I was next to the prisoner, and saw him take it from the prosecutor's right-hand pockets—I did not see it go from him—it was done so momentarily I could not see what could is was—I have every reason to believe it was a handkerchief.
NOT GUILTY .
REYNOLDS GODDARD . I am a warehouseman, and live in Edmond's-place Aldersgate-street. On the 9th of October, between seven and eight o'clock, I was on Holborn-bridge, and saw the prisoner running across the road—I followed him into Farringdon-street—he shortly after returned, and stood against a post—I had lost my handkerchief just before, and seized him—it was found on him.
(Property produced and sworn to.)
The indictment also charged a pervious conviction.
GUILTY .* Aged 16— Transported for Seven Years.
THOMAS HOBBS (Police-constable N 248.) I was in Smithfield on the 11th of October, and saw the prisoner in company with two others—I saw them all three close up behind the prosecutor, and just by the hospital gates I saw one of them take a handkerchief from the prosecutor's pocket and give it to the prisoner, who ran away—I pursued, and took the hanker chief from his pocket.
Prisoner. There was not a soul me; two young men ran quickly past me, and threw the handkerchief on me—I took it up and put it into my pocket—the policeman laid hold of me, and charged me with picking the pocket. Witness. I saw them together, following up the gentleman, fifteen or twenty yards before the handkerchief was taken—he struggled hand to get from me when I took him—I saw them together for three or four minutes before.
GUILTY . Aged 18— Transported for Seven Years.
SARAH PERKOE . I am the wife of john Perkoe, a furrier, in Bartholomew-close. The prisoner was employed in the business—in consequence of information, on the 3rd of October, about o'clock in the evening as she was just going home for the day, I detained her—I searched her, and found seventeen squirrel skins, in her sleeves worth about 12s.—they are used to make muffs and capes—I cannot swear to them by any mark, are had some on the premises—we have some the them—the prisoner did not say any thing.
Cross-examined by MR. PHILLIPS. Q. I suppose she was very much confused and frightened? A. Yes—she had been about five weeks in our employment, as a sewer—she frequently did work at home—I have heard a very good character of her—I have very great pity for her, end hope sincerely she will be forgiven—I should not have objection to take her into my employ again.
COURT. Q. When she had work to do at home, should she give you notice of it? A. She was allowed to take them without notice, but always brought them back correctly—she used to take the work home openly.
NOT GUILTY .
NEW COURT.—Tuesday, October 25th,, 1836.
Fifth Jury, before Mr. Common Sergeant.
GUILTY .— Confined Six months.
MARY BURFETT . I live in Watling-street, and am shopwoman to Mr. Richard Boar, a staymaker. The prisoner was employed to work in his warehouse—on the 22nd of July, I missed a pair of stays, and two pairs before then—I accused the prisoner—she positively denied it—these stays are the property of Mr. Bord—I give the stays out to the work-people—I know these by the manner of making—the prisoner made this pair—they were never trimmed—we give them to two people to make—these stays were made for a particular order, and then we could not find them.
GUILTY. of stealing one pair only. Aged 27— Confined There Months.
Sixth Jury, before Mr. Common Sergeant.
THOMAS ROFF . I live at Hillingdon, and am a plasterer. I was working at a house at Uxbridge—I left a hammer and brush there, on the 29th of September, in the first floor concealed under the flooring boards—these are them—the brush has my marks on it—these are the irons I made them with—the hammer has no mark on it, but I have worked with it, and know it.
JOHN KING . I live at Uxbridge, and am a clothes salesman. The prisoner came into my shop on the 30th of September, and told me he wanted to pawn this hammer and brush for a trifle to carry him through the right—I said I did not take things in pawn, but I did not mind buying them, and he might have them again next day for the same money—he wanted half-a-crown—I said that was too much, I did not mind buying them for 1s. 6d.—he told me his name was Thomas Roff—I said, "Are these the initials of Your name?"—he said they were.
Prisoner. I had been drinking on the Thursday, it being fair-day, and was rather tipsy, or 1 should have taken these things.
GUILTY . Aged 32— Confined Nine Months.
GUILTY .— Confined One Month, One Week Solitary.
2257. JOHN CHARLES HUNTER was indicted for stealing, on the 3rd of October, 1 handkerchief, value 1s., the goods of Thomas Duck Hopper, from his person; and that he had been previously convicted of felony.
THOMAS DUCK HOPPER . I live at Collet-place, Commercial-road About there o'clock in the afternoon of the 3rd of October, I was in Aldgate—I felt something about my coat-flap—I put my had down and felt a hand in contact with it—I turned, and saw the prisoner in the act of throwing my handkerchief away—I took him, and held till I saw a policeman—this is my handkerchief—I saw it leave his hand.
Prisoner. I was going along betwixt two and three o'clock with a coal wagon which my father was driving and my hand just touched the gentleman's pocket—he caught me, and said I had his handkerchief—it was half in his pocket and half out—there was another gentleman going by, he said he did not see any thing of the kind—I never had it at all.
GUILTY . Aged 17— Transported for Seven Years.
OSBORN FOTHERGILL . I live in Kirby-street, Hatton-garden. I have a sister who has lost the use of her limbs, and took the prisoner into my house to wait upon her—she has been with us about two years—I missed this property, and charged her with having taken it—she said, she did not—I have not seen any of the articles since—I am a widower—I got her into the House of Occupation.
JOSEPH MYERS . I am superintendent of the House of Occupation for the information of boys and girls. The officer applied for the prisoner to go to Union Hall—it was objected to without a summons, and she told the matron and myself that she took the things, and gave them to her little brother, who asked her to do it.
RICHARD HAMBROOK (police-constable R 109.) I took the prisoner—I heard her examined before the Magistrate, and make this statement—(read)—"The prisoner says, I first began to steal about four months age—I met my brother in Cross-street, Leather-lane—he asked me if I could get him any things to sell—I said I would see—the next day I took a square brooch, and gave it to him—after that I met him every day, and took him something—I gave him a wine-strainer, some mugs, and a great many more things—he told he sold all the things, but never where—one of the rings was a gold one, twisted."
GUILTY . Aged 12— Confined Two Days.
GEORGE EASTWOOD . I am in the employ of Mr. Boyd. About twelve o'clock on the 23rd of September, the two prisoners came to the shop, and asked for a piece of sarsnet ribbon—Munden asked for it—I showed her some—she said that would not do—I put it away, and showed some satin—while I was showing it, Jones snatched a piece and ran out with it—Munden ran after her—I followed them, called a policeman, and they were taken at Mr. Cock's the poulterer's—I saw this piece of ribbon fall from Jones.
THOMAS FENN (City police-constable No. 12.) I was called on this occasion, and took the prisoners—the ribbon fell between them just as I turned my head—I do not know from which, but it must have fallen from one of them.
Munden's Defence. I was with Jones—I went to buy some ribbon—while I was looking at one, Jones ran out with one—I staid two or three minutes, then I saw the boy jump over the counter, and I ran out.
Jones's Defence. This young girl told me to run out with it.
MUNDEN— GUILTY .* Aged 19.
JONES— GUILTY . Aged 19.
Confined Three Months.
2260. ELEANOR SAMUELSON was indicted for stealing, on the 3rd of October, 2 blankets, value 4s.; 1 sheet, value 1s.; 2 pillows, value 2s.; 1 quilt, value 4s.; 2 pillow-cases, value 6d.; the goods of Catherine Appleton.
REBECCA JACKSON . I live with the prosecutrix. On the evening of the 3rd of October I was coming down stairs for a jug of water between eight and nine o'clock—I called for a light, and I saw some one run out of the passage—I screamed—my husband ran up stairs, and said every thing was gone off the bed—I ran our, and caught the prisoner with these things—Sarah May took the bundle from her—I am sure the prisoner had the things—I cannot say she is the person that ran our of the house.
GUILTY. Aged 60.—Recommended to mercy by the Prosecutrix , Confined Seven Days.
WILLIAM STREET . I saw his fowls safe on the 27th of September, about seven o'clock in the morning—he had fourteen hens and one cock—I missed one on the following morning—the policeman brought it to me, dead—these are parts of it—these are the feet, and feathers out of the wing.
JOSEPH LIDDLE (police-constable N 270.) I was on duty at Holloway at half-past two o'clock in the morning of the 28th of September, and heard the noise of some fowls in an open shed at the back of the Horse and Groom—I went and saw the prisoner crossing from the shed with a fowl which he took to a hay-stack, and there concealed it—he returned again to the shed, and I took him in the act of taking up another fowl—I found a knife in a basket, in his possession, which he had cut the bead of the fowl off with, which he first took—he confessed at the station-house that he cut it off.
Prisoner. The head was not off. Witness. It hung by a small piece of skin—he tried to get away from me.
Prisoner's Defence. My mother turned me out of doors, and I went to sleep under the shed, as I was very cold.
(The prisoner received a good character.)
GUILTY. Aged 16.—Recommended to mercy. — Confined Three Months.
WILLIAM BEAUCHAMP . On Saturday, the 17th of September, I went into Mr. Cotton's house, in Grafton-street, Soho, between six and seven o'clock in the evening—I left my cloak in my gig, in charge of Mr. Cotton's errand-boy—I remained there about half an hour—when I came out the cloak was gone—it has never been found.
JAMES CHAMBERS . I am an apprentice to my brother, in Grafton-street. On the evening of the 17th of September, I saw the prisoner at the corner of my brother's shop, which is opposite Mr. Cotton's—that induced me to watch him—I saw him looking at the gig—I went inside the shop, I never took my eyes off him—I saw him take the coat or cloak, or something of that kind, out of the gig, and I directly ran over to Mr. Cotton
and told him of it—he run up Greek-street, and turned towards Moor-street, and there we lost sight of him—I have not the least doubt that he took it—I knew him by sight before, that induced me to give information to the police—we found out where he lived, and went to his house and look him.
Prisoner. It is quite false—he said at the office that he saw me come through the street half an hour afterwards. Witness. Yes; about half an hour after, he came through the street, and crossed towards Newport-market.
Prisoner's Defence. My mother told me there was a young man had a policeman wanted me—I went down and gave myself up—I had no money not any thing on me—my mother can state I was not out that evening.
CATHERINE WATKINS . I live in Phoenix-street, Crown-street, Soho. My son was never out of the room the whole day, till seven o'clock, on the Saturday that he was taken up in the evening—he went out five or ten minutes past seven o'clock, and was in before eight—no one was at home but myself and him—he had not been out of the room before.
JAMES CHAMBERS re-examined. I should think it was about a quarter to seven o'clock when I saw him—I cannot say how long he staid there, but I saw him lurking about half and hour or a quarter of an hour, and I know it had gone seven when he took it—I swear he is the man—I saw him again about half an hour after he took the cloak, which would be about eight o'clock—the boy was shutting up the shop at the time the cloak was taken.
NOT GUILTY .
ELIZABETH GARRETT . I live in Coburg-place, Goswell-road. The prisoner came to my house on Saturday, the 24th of September, at about nine or ten o'clock at night, with a week's rent, due from his father—I entered it in the rent-book—he returned soon after, saying there was a mistake in the book—I said, "There is no mistake, give me the book, I will take it to your mother"—I went, and left him in my room—when I returned, he was gone, and the door was closed—I had wound my watch up about a quarter of an hour before, and hung it on the chimney-piece—there was no mistake in the book—I returned about two hours after, and missed the watch—on Monday morning, the 26th, I had him taken on suspicion, and on closely questioning him, about five minutes after, he said he knew nothing of it—I said, "John, speak the truth, or you must speak it hereafter"—he said, "Well, I know where the watch is, I will go and fetch it," and the policeman followed him to Parr's-place—he went on his knees, and scratched a hole in the ground, and drew forth the watch, enclosed in a piece of paper—that is my watch.
Prisoner. You said if I would give it up, you would give me 1s., and forgive me. Witness. On the Sunday I told his mother so—the officer would not give up the watch, he said he must be prosecuted.
the watch up in this paper, and gave it me—I did not hear the women say she would forgive him, nor did I tell her there must be a prosecution—she gave the boy into custody, and I took him.
(The prisoner received a good character.)
GUILTY. Aged 14.—Recommended to mercy. — Confined One Month.
2264. ELLEN BROWN, SARAH BROWN , and MARIA KING were indicted for stealing, on the 4th of October, 10 yards of printed cotton, value 9s. 9d., the goods of James Jones; and ELIZABETH JONES for receiving the same, well knowing it to have been stolen; against the Statute, &c.
WILLIAM COLLETT . I am shopman to James Jones, of High-street, Islington. On the 4th of October, the prisoners, Brown and King, came to the shop—King asked to look at some prints—I took them to the top of the shop, and they looked at eight or ten, and selected one, and wished me to put it by for them, as they had not sufficient money to pay for it—they were about twenty minutes in the shop—they said they would pay off 6d., and they would call on the following Saturday and pay the remainder—I put that one by, and while I went to fetch the paper and get change for a shilling they gave me, I suppose they stole the other print—I did not miss any thing till the policeman came, about eight o'clock in the evening, and produced this print—I had shown it to them, and I think they all had it in their hands.
Cross-examined by MR. CLARKSON. Q. In whose hands did you see it A. In King's, and in all their hands—I think I said only one had it, before the Magistrate.
WILLIAM MILLICHAP (police-sergeant N 6.) About ten minutes before six o'clock on the evening of the 4th of October, I saw the two Browns and Jones in the Lower-road, Islington, about a quarter of a mile from the prosecutor's, loitering about—they crossed the road, and were joined by King on the other side—the immediately gave Jones a bundle, and they all walked away together in conversation—I followed them and, with assistance, I took them all into custody—the bundle contained two pieces of printed cotton—this is one of them—Jones refused to give any account, and only asked what they were taken into custody for.
Cross-examined. Q. Was the bundle tied up? A. Yes—there was nothing to enable a person to know what is contained.
NOT GUILTY .
OLD COURT.—Wednesday, October 26th, 1836.
Third Jury, before Mr. Sergeant Arabin.
SARAH ARMSTRONG . I am the wife of Christopher John Armstrong. On the 12th of October, I got into the "Brilliant" omnibus, at High-street Poplar, and was put down at the top of Gracechurch-street—I went in another omnibus to Clapham, and then missed my shawl—I am certain it was in the first omnibus, of which the prisoner was the cad—it was in the day-time—I recollected I had left it in the first omnibus, and got my father next morning to inquire of the prisoner about it—I saw him in company with my father, and asked him if he had seen a shawl which was left on the sent of the omnibus—he said, "No"—I asked him if he could tell me
where the two ladies lived who were in black, and sat by my side—he said, "No"—I asked him if he could tell me any thing about the shawl—he said, "No"—that was all that passed that morning—this was Wednesday—I did not see him again till the Saturday morning following, when he came to our house, by himself, and said, "I have seen about your shawl, Ma'am, and you shall have it on Monday"—he had not said he would make inquiry about it—nothing further passed between us—I have not had my shawl since—I have seen one similar to it, but I have no mark on it—I think it is the same pattern, but it has been out of my possession so long.
Cross-examined by MR. CLARKSON. Q. Were you willing to allow him to bring you your shawl on Monday? A. Yes—we had spoken to a neighbour overnight about it—I had no wish to proceed if I got the shawl—I said I only wanted the shawl—I believe he meant to bring it on Monday—I told the policeman so, and he Said he would take us both up if we had any thing to do with it, for compounding a felony.
MARGARET BAIN . I was in the omnibus with the prosecutrix—she left her shawl on the seat—I saw the prisoner immediately she had gone out and told him she had left it—he promised to take care of it, and I saw him put it away into a box.
ROBERT ALLEN . I am the prosecutrix's father, and am a shoemaker. On the Thursday morning I saw the prisoner, and said, "Have you seen a shawl left by my daughter in your omnibus?"—he said, "No"—I applied to him once afterwards, and he said he would inquire about it; that he had it not in his possession, but he believed a young man had it who conducted his omnibus part of the way; that that young man had received it in his possession, and he would inquire after it—next morning he called at my house, and said, "I have heard about the shawl, and on Monday I will return it to your daughter"—I said, "The business is now out of my hands; you had better go to Mr. and Mrs. Armstrong and make your peace with them."
WILLIAM DURAND COOPER . I am a policeman. On Saturday morning Mrs. Armstrong came and said the prisoner was at her door—I said, "Ask him to walk into the station-house"—she did so—I said, "Do you know any thing about the shawl"—he said, "Yes"—I said, "Where is it?"—he immediately pulled a key out of his pocket, and told me to go to his lodging in London-street, and in a hat-box I should find it—I went, and his father pointed out the hat-box—I found this shawl, brought it to the station-house, and entered the charge on the sheet in the regular way.
Cross-examined. Q. That is all that passed? A. There were some other words passed—I did not threaten to indict Mrs. Armstrong and all the family unless they prosecuted the case—I was acting inspector there—when the shawl was produced they wanted to make it up—I said, "I will have no compromising felony here; you can go before the Magistrate in the regular way."
CHRISTOPHER JOHN ARMSTRONG . The prisoner called at my house on Saturday morning, and said the shawl should be produced on Monday—I said, "Yes had better go to Mr. Simmons, whom I consulted as a neighbour, and tell him"—my wife went in, and I went up stairs, put on my coat, and followed Mrs. Armstrong, and the prisoner followed me—before we had entered the station-house, Cooper asked where the shawl was.
Cross-examined. Q. Did you tell the officer you had no wish to prosecute? A. We were taken so suddenly by Cooper, I had no time.
NOT GUILTY .
MARY BROOKS . I am the wife of William Brooks, and live at Hendon; he is a farmer; we keep turkeys. On Sunday, the 9th of October, about a quarter to five o'clock, Scott came and told me to look at my turkey—I found two were missing—they had been in an enclosed field, a quarter of a mile from the house—my husband accompanied Scott, and the two turkeys were brought home dead—I knew them to be ours—the prisoner was taken up instantly—he lived about two miles off—he keeps a donkey, and goes about with sand.
EDWARD SCOTT . I am a gardener, and live at Edgeware, about a mile from Hendon. On Sunday, the 9th of October, about a quarter before five o'clock in the evening, I saw the prisoner in the field where the turkeys were—I watched him, and saw him surround the turkeys, and knock one of them down with a large stick—after repeating several blows, he took it up in his right hand, gave it a shale, and chucked it down in the ditch to conceal it—I stood and watched him to know him again, and then went and told Mr. Brooks, and we came into the field in pursuit of him—he had left the two turkeys in the ditch, both together, dead, but quite warm—he lives at Barnet-gate—he keeps a donkey, and sells sand—he was taken up on the Sunday evening—I charged him with stealing the turkeys—he said he knew nothing about it—I am sure he is the person—he was taken about two hundred yards from the spot where he knocked the turkeys down—it was quite day-light when I saw him—I swear positively to him.
Prisoner's Defence. I went into the Green Man public-house, and had a pint of beer; a man came in with a smock-frock and cap on; he said he had been stopped by two men in a chaise, who asked him what business he had there, and said they had lost two turkeys, and they thought he had taken them. I know nothing of it.
MARY BROOKS re-examined. I went into the Green Man directly I heard of the turkeys being killed, and asked if there was a boy them named Bill—the boy was not there—I said in the public-house that I had lost two turkeys, and it was a man in a round smock-frock had done it—while I was counting my turkeys two men went along—I said to them, "If you see a man in a round frock, with any turkeys, you take him," and they did stop a man in a round frock, and that man went into the public-house and mentioned it.
GUILTY .† Aged 24.— Transported for Seven Years.
Before Mr. Justice Gaselee.
2267. FREDERICK SHOULES was indicted for a robbery upon Lawrence Joseph Russell, on the 8th of October, at St. Luke, putting him in fear, and taking from his person and against his will 1 hat, value 1s., his goods.
in Queen-street, King's-road, but have been nineteen days in prison. On Saturday, the 8th of October, between one and two o'clock in the morning I was at a place called Jews'-row, Chelsea—I had drunk some strong ale that evening, and stopped to get a snack of cold beef—I was perfectly able to go home—as I was walking along I got a push on my left side, and was thrown down on my right side—my hat was immediately taken off by a person unknown to me, who ran away with it—I could not tell who it was—it was dark—I immediately gave as alarm—an officer came up, and another immediately after him—I saw my hat in the station-house the some morning, when it was day-light—this is it—it is worth about 1s.—I am sure it was snatched off my head—it did not fall off—he gave me a blow which knocked me down, and took my hat.
GEORGE THATCHER (police-sergeant B 17.) On Saturday morning the 8th of October, about a quarter before two o'clock, I was in Jews'-now, Chelsea, and saw the prisoner turning up White Lion-street with a hat in his hand—he had a cap on his head also—I crossed White Lion-street and saw the prosecutor lying on his right side—I assisted him up—he complained of having been knocked down and robbed of his hot—I sent a constable in pursuit of the prisoner, but he did not overtake him—I then took another constable and went to his lodging—I knew him perfectly well—after some delay we were admitted to the room, where he lodges with his mother—I asked him for the hat he had taken from the man in Royal-hospital-row—he denied having taken any hat, or that any hat was in the room—I told him it was useless his denying it, for I had seen him go up White Lion-street with it in his hand—the constable immediately went to a straw bed in the room, and, turning part of it over, took the hat from under the bed—he was then taken into custody, and on our road to the station-house he stated that he picked it up, and that he did not take it off the man's head—the prosecutor was the worse for liquor—the prisoner was perfectly sober—we kept the prosecutor that night in the station-house for being drunk, and took him before the Magistrate, who committed him to Clerkenwell to give evidence, he not having any settled residence—the prosecutor was quite able to walk along—I saw nothing of his being pushed down—he walked to the station very well, but the station-house was rather warm, and that had an effect upon him, and made him worse—I should think a man running against him accidentally would not have knocked him down—he was walking along very well.
GEORGE FOSTER (police-constable B 90.) On Saturday morning the 8th of October, a little before two o'clock, I was called by sergeant Thatcher—I saw the prosecutor, who said he had been robbed of his hat—I went with Thatcher to the prisoner's lodging—I looked through a hole in the window-shutter, and saw the prisoner place a hat under the bed which was on the floor—Thatcher went into the room, and asked the prisoner what he had done with the hat he had taken from the prosecutor's bend—he said there was no hat in the room—I immediately turned up the bed, and found the hat bent double under the bed—the prisoner then said he had picked it up in Jews'-row.
Prisoner's Defence. The men never asked me any such thing—they knocked at the door—I let them in—they never spoke, but walked to the bed and got the hat—I was coming along—being in the dark, I kicked up against the hat—I picked it up, and put it under the bed—they took me to the station-house, and fetched the prosecutor, who was greatly in liquor,
and could not stand upright; he was covered with mud, and another man with him in the station-house was greatly in liquor,
GUILTY.† of Stealing only. Aged 21— Transported for Seven Years.
Before Mr. Justice Vaughan.
2268. WILLIAM WALLER was indicted for burglariously breaking and entering the dwelling-house of Conyers Tobias Metcalfe, about the hour of ten in the night of the 10th of October, at St. George in the East, with intend to steal, and stealing there in, 4 £5 bank-notes the property of David Stanhouse.
CONYERS TOBIAS METCALFE . I am a waterman, and live in Blacksmiths' Arms-place, Back-church-lane, in the parish of St. George East. David Stanhouse, a seaman, lodged with me about three weeks—on the 10th of October we all left the house—my wife left last—I went to the King Harry, in Red Lion-street, Whitechapel, between seven and eight o'clock—my wife came there to me in about an hour—Stanhouse was with me—my wife remained with me till eleven or twelve o'clock, and we went home together—Stanhouse went away before us, and did not sleep at the house that night—when we went back to the house I asked my wife to give me the key to open the street door—I unlocked, and found it a usual—I went up stains to the middle room, on the first floor—that was about twelve o'clock or near upon one—I found door forced open—it was the room I used to live in—I came down stairs again—I found the box of the door was forced open, and a large screw on the bottom of the boxstaple forced out—the lock had been slipped back, as if it was unlock—there was a latch to the door—no injury was done to that—I did not miss any thing night—I got up just before eight o'clock next morning, and went out—I came, in about half an hour, and went up stairs and in consequence of what my little boy said, I went to the closet, and found a trunk which had been in the cupboard, put out into the room and broken open—there was no lock on the closet—the trunk belonged to Stanhouse—it had been given to him my daughter, and he had the key of it—the prisoner was at the public-house when I went there—he left shortly after my wife came—I think that must have been after nine o'clock—the prisoner did not lodge at my house—he used to come now and then or inquite for my son, but he did not live there, and had no business their—he came back again to the public-house—he was absent about hour and a half—the public-house is not half a mile from mine—I went out next morning, about half-past ten o'clock, and looked for a policeman, having suspicion of the prisoner—I told the policeman of the circumstance, and he went and found the prisoner and brought him to me before eleven o'clock—I asked him if he knew any thing at all about David's box being broken open—he said no, he knew nothing at all about it—I said, You had better own it, it will he better for you"—it was not a spring lock on the room door—it was to the house door—I suspected he had got in the back way, as there was a pane of glass broken in the door at the back of the house—it broken before I left the house—there is a bolt inside, and by putting an arm through the window you can unbolt the door—I did not notice whether that door was bolted or not when I left the house—it was open when I came back—there was no lock to it, only a latch—it was shut to—there was only bolt to it—my wife is not here.
DAVID STANHOUSE . I am a seaman. I received my wages at Somerset House about a month ago—it was about 70l—I lodged with Metcalfe—I kept my money in a trunk in the middle room up stairs, and had the key in my pocket—the trunk was kept in a cupboard, which had only a button to fasten it—I left the room to go with Metcalfe, about half-past seven o'clock in the evening, and left his wife and daughter who is nineteen years old, in the room—I went to the public-house with him, and staid till about half-past ten o'clock—the prisoner was in the room when Mrs. Metcalfe came, about half-past nine o'clock—he went away, shortly after she came, and was absent about an hour and a half—I did not go back to the house that night—next day, about twelve o'clock, Metcalfe found me, and fetched me to the house, and told me what had happened—I saw my trunk open, as it is now—I had 35l. in it, in £5 Bank of England notes, and two certificates—I am certain they were in the trunk at five o'clock that afternoon—I locked it and took the key—I did not go with any body to find the money.
PIERCE DRISCOLL . I am a policeman. I apprehended the prisoner on the 11th of October, between ten and eleven o'clock at No. 33, Brunswick-street, St. George's—Metcalfe directed me there—I found 1s. and a knife on him—Metcalfe asked him if he had broken open his place—he denied every thing till he went to the station-house, and the he told Metcalfe to come with him, and his money was all right—in consequence of what he said, we went to the Angel and Crown, in Wellclose-square—the landlord was not at home, but his wife said something—I got no money; but in taking the prisoner to the station-house, he told me he had changed a £5 note at Davis's the publican—Metcalfe was not with me then—I had said nothing to induce him to say any thing about it—he went with us to the Angel and Crown, where the four sovereigns were—the landlord was not at home—the wife said, in the prisoner's presence, that he had left some money there—I called again, and saw the landlord, who went with me to Lambeth-street office, and produce two Bank England Motes, and four sovereigns—Metcalfe told me to make it all right, and say nothing further about it, and he would give me a sovereign—that was before the money was got—I told him I would not screen such a thing for 100 sovereigns—he wished the thing to go no further.
CONYERS TOBIAS METCALFE re-examined. My reason for saying that was, I knew I could get the money again from the prisoner, by knowing him I would rather have given 1l. than have had further trouble about it, as I found I could get the money again.
WILLIAM THOMAS COLLETT . I keep the Angle and Crown, in Wellclose-square. On Monday, the 10th of October, at a little after eleven o'clock, the prisoner came to my house to leave two £5 notes and four sovereigns for me to take care of till he called in the morning—these are the notes—I marked them, and the sovereigns also—I have kept them ever since—when the policeman called, I went with him to Lambeth-street, and found the prisoner there—I produced the notes and sovereigns, and said I had received them form the prisoner on Monday evening, the 10th of October—he gave me them just as they are.
GUILTY. of stealing in a dwelling-house above 5l., but not of Burglary. Aged 19— Transported for life.
Before Mr. Baron Bolland.
2269. WILLIAM MARTIN was indicted for a robbery on John Noonan, on the 20th of November, putting him in fear, and taking from his person and against his will, 1 box, value 1d., and 2 sovereigns his goods and monies.
JOHN NOONAN . I hawk poultry about, and have done so for more than four or five years. I was a labourer at the time of the robbery—I went out into the country to Mr. Ellis's farm, hopping, and met with the prisoner and a man named Daniel Hurley—we worked there at hopping together at Barming—when we had done, we came home together, and determined to go out potato-grubbing—we spent all our money—I had 6l. in the hands of my clergyman, Father Doyle—I went to him to get 1l. to buy some forks—I got 6l. from him—the prisoner and Hurley were not with me than—when I got the 6l. I came back to Whitechapel—I had pawned 5l. of it for 2s. 6d. for safely, I should not have it about me, and they gave me a duplicate—I bought some forks with the 1l—I went down to Essex, potato-grubbing—I joined the prisoner and Hurley at Barming—the prisoner went with me to the pawnbroker's when I left my money there—about five of us went down near to Romford—the prisoner's father-in-law and sister-in-law—I cannot tell what happened—it is ten years ago, I believe—it was the November before the Duke of York died—I have no recollection of what happened in going but that we all went to work together—after we came home we went to a lodging-house together—I believe it was in Spitalfields—they me told that five or six men could be taken on at place, and I had better go with them and work—I went with them to Stepney, I believe—they told me it was Stepney—I have not pointed out the spot to any one—went into a house in the fields and waited till the man came in to his dinner, and them went to a public-house—I had some liquor—we then went into the field, and they knocked me down—I not certain which it was—they were both, together, and struck me across the nose—my trowsers were cut at the knee, and a little box, which I had with two sovereigns and the duplicates of the 5l. in it, taken out—I think it was the prisoner that took the box from me—he and Hurley were both there at the time it was taken—after they took it, they struck me again—I got senseless, and I suppose they went away—I had some liquor—I cannot say I was drunk not yet sober—when I came to, I went in pursuit of them to the house we had left but they were not there—I then went to the pawnbroker's as fast as I could, and that was shut—I then went to lodging-house we had left in the morning—I found Hurley there, and had him taken up—he was taken before the Magistrate and discharged—the first I saw the prisoner after that was in the Borough-market, about five years after the robbery—(I had made a charge against him at Lambeth-street, when I took Hurley, but never saw him for five years)—I laid hold of him by the collar, and he made an attempt to trip me and knock me down, but did not—a parcel of boys and men surrounded me, and rescued him from me, and kept me till he got away—I saw him again twelve months or two years age, as I was coming out of Leadenhall-market with a basket of fowls on my head—he was coming against me, and ran away as quick as he could, and I having poultry on my head could not follow him—I saw him again last Tuesday fortnight in Bishopsgate-street—I went into a public-house to have a drop of beer with some people, and he was in before us, sitting behind the door—I sent my son-in-law for a policeman who came and took
him—I had tried to find him out as well as I could—I went down to Manchester—he was a labour like myself, I believe—I know nothing of him till I him at Barming—I went to Union-hall to get a warrant against those who rescued him from me, and they issued a warrant against him in place of the others.
JAMES SESSIONS . I am an officer. On Tuesday, the 11th of October, a person came to Bishopsgate station-house for an officer—I went to Widegate-street, and saw the prosecutor holding the prisoner by the collar—I took him in charge.
JOHN NOONAN re-examined. I cannot tell where the robbery was committed—the prisoner and Hurley told me it was Stepney-fields they were going to—I applied to the pawnbroker and found the 5l., was taken out.
Prisoner's Defence. The man had an indictment me and having a family, I kept out of his way—last Tuesday night I was in public-house—the prosecutor said, "Do you know me?"—I said, "You were robbed, were you, eight or nine years ago?—he said, Yes, you robbed me nine years ago," and before the Magistrate he said it was ten years—that it was the years before Lord Castlereagh out his throat—the pawnbroker said he never saw me or the prosecutor in his house.
NOT GUILTY .
Before Mr. Justice Gaselee.
2270. CHARLES POULTON was indicted for burglariously breaking and entering the dwelling-house of John Napman Jarman, about the hour of two in the night of the 7th of October, and stealing therein 1 bag value 2d.; 12 sovereigns; 11 half-sovereigns; 22 half-crowns; 78 shillings; 22 sixpences; and 1 fourpenny-piece; the goods and monies of William Sands.
MR. DOANE conducted the Prosecution.
WILLIAM SANDS . I am a licensed hawker. I know the prisoner—he is also a hawker—on the 7th of October, we lodged together at the Dolphin public-house in Old-street, in the parish of St. Luke—we slept together there—I had 24l. 14s. 4d. that day, and counted it over in the prisoner's presence—a great part of it was in silver—in the evening of that day was met a girl, and went to Temple's public-house, at the corner of Old-street about nine o'clock—I had the money with me then—the prisoner asked if I wanted gold for silver—I said I did, but I would not have it changed that night—he said, "You had better," and he asked landlady—I gave 13l. 10s. in silver, for gold—two girls were there at the time—the prisoner asked me if I would stop our for the night—I said I did not mind, I would if he would, and but I had this money about me—he said "You had better go home and put it by," and he asked the girls to stop there about ten minutes, till we returned—I and the prisoner then went home to the Dolphin, got a candle, and went up stairs—I took the money out of my pocket in a bag which it was in, and put the bag money among some ropes under the bed, which I had been round my goods; and I placed my watch with it also—the prisoner was by at the time with a candle in his hand—we then came of the room, and I locked the door—I had the key in my hand, and he said, "Put it in there—," pointing to a bird-cage on the landing-place, and I put it in—we went down stairs, blew the candle out and left it there, and then returned to the public-house where we had left the girls—we went home with one of them—we all three went up
stairs, and the prisoner paid the mistress of the house 2s. for me to stop—he said I could stop there all nigh, and he would go and get another girl, and would be back in a few minutes—he went away, leaving me there—I did not stop there many minutes, but went back to the Dolphin—that was about half-past one or a quarter to two o'clock—the prisoner had not left me above ten minutes or a quarter of an hour before I went to the Dolphin—I knocked at the door, and Mr. Jarman let me in—I went stairs, went to the cage to look for the key, and could not find it—Andrews, a lodger had made a communication to me—I found the key on the floor of the landing—I went into the room, and a policeman with me—there went two policeman in the house when I got there—on getting into the room, I found the watch among the ropes, but my money was gone—I communicated my loss at the policeman, and went to bed—the prisoner did not return that night—he came about six o'clock in the morning, and I directed Parker to take him into custody for having taken my money—he said he did not know any thing of it—he was then taken to the station-house—I afterwards searched round the back yard of the Dolphin, with the Inspector, and found the bag with the money in it, under some oyster shells—I gave it to the Inspector, M'Craw—I had not told any one but the prisoner where I bad placed my money.
Cross-examined by MR. PHILLIPS. Q. About how many lodgers were there at the Dolphin? A. Three men beside myself and the prisonerit was our intention to spend the night with the women—the prisoner did not advise me to leave the gold with Temple—I was quite sober at the time—I knew very well what I was doing—we had had glass gin apiece, nothing else—I had known the prisoner about ten weeks—Bradbury was not a lodger at the Dolphin—I was not acquainted with him at all—no more than by seeing him come into the house, buying goods—I sell engravings framed, and varnished pictures and prints.
JOHN ANDREW . I am a hawker, and was living at the Dolphin. On the night in question, I was awoke about half-past one or a quarter to two o'clock, and heard somebody going through a side window in the passage, as I thought—I hears the window drawn down after they went out—I head it shut—I called out, "Halloo, Charley, is that you?"—I called to know whether it was the prisoner or not, because on the Monday night previous he was out late, and came home after we were all bed—we goods up—I could not se the bird-cage at fist, it being dark, and the young man who came out of the room, in consequence of its being dark, caught bold of the bird-cage in searching—we hears something drop from the cage—we suspected it to he the key, as it was afterwards found.
Cross-examined. Q. Did not you say you saw the person go out of the window? A. No. I said I heard some person—I was going to say I saw him, but I corrected myself—I do not think the word was uttered—the young, man's name is Joseph who caught hold of the cage—he is not been—he was a lodger in the house, and slept in the same room as me, but not in the same bedhe got up a short time after me—it was I who spoke to the prosecutor.
HENRY BRADBURY . I am a hawker, and live in Wellesley-street, about a quarter of a mile from the Dolphin, I have known the prisoner about three months—he came to me on the morning of the 8th of October, a few minutes before six o'clock—I was not up then—when I opened the door, he told me to dress myself, as he wanted to speak to me—I did so—when I got out of doors, he said, "Come this way"—I was walking up the street
with him, and he told there would be a disturbance at Mr. Jarman's that morning—I asked him what about—he said William had lost his money—I asked him how he had lost it—he said nothing to that—I then asked him if he had been with the girls all night—he said, "No"—I asked him if he had got it—he did not make any answer—I asked him a second time, and he said, "Yes"—I asked what he had done with it—he said he had planted it—I understood by that he had secreted it away—hid it in some place—I asked what amount of money there was—he said he believed it was between 20l. and 30l—I asked how the came by it—he told me that he went out with the prosecutor the evening before, and they went to Temple's at the corner of Old-street, and there they met with two girls—they had something to drink, and William got out all night, and the prosecutor said yea, but the would go home and leave his money first—he said the prosecutor went home, and he went with him, and he secreted the money under the bed—he did not say any thing about locking the door, or any thing of that but they returned back to the girls, and when they arrived with the girls, one went away from them, and they both went home with the other one—he told me he paid 2s. for William's bed, and told him to stay there, and he would go and fetch another girl; instead of which he returned to the Dolphin, and went took the money—that he locked the door, and out the key in the same place again, and he was closing the window going out of the house, he heard somebody call "Charles"—he said he should be taken into custody on suspicion, but when he got over it he would buy some goods, and go into the country and I should go with him—I told him I would advise him to give the money back again—that is all I have to say.
Cross-examined. Q. And you have told the same story now as you told before the Magistrate? A. I believe I have—what I said was taken down, and I put my mark to it after it was over to me, and I was asked it it was correct—I told my Lord that he locked the door, and put the key in the same place—I will take my oath I told my Lord he locked the door, and put the key in the bird-cage—I told the Magistrate that the prisoner told me they had been to Temple's had something to drink, and changed the silver for 13l. 10s., and that he asked the prosecutor if he would stay out all night—to the best of my recollection, I said the prisoner paid 2s. for the prosecutor's bed—I cannot be quite positive of that—I told the Magistrate that the prisoner said he would go and fetch another girl—I told the Magistrate that he said he should be taken into custody on suspicion—I have been hawker or sixteen or sixteen years—I have lived in the parish of St. Luke about eight years, and in Wellesley-street for the last fifteen moths—it was there the prisoner called on me—I never was acquainted with a person named Nah—I was at the Mansion—house once, about three years ago, on suspicion of passing bad money—I have heard the term smashing several times—I suppose it means passing bad money—I was at Clerkenwell there days after that—I was taken from Lambeth-street to Clerkenwell on suspicion of passing a bad, half-crown—i cannot tell what money I was charged with passing at the Mansion-house, whether it was a half-crown, or what it was—I was never confined in any other place in my life—I was a hawker then, and lived in Richmond-street, Bath-street.
MR. DOANE. Q. When at the Mansion-house were you discharged? A. Yes—what I have state to day is true, and and did take place.
JOHN NAPMAN JARMAN . I am landlord of the Dolphin, the prisoner and prosecutor both lodged at my house. On the evening in question I remember them both coming in, the first time at ten o'clock and hand last time between five and eight minutes after twelve o'clock—I left them in—they left almost immediately—after they left, the whole of the doors and window were fastened—the side window on the landing-place was closed—it is one the right-hand side of the passage, going towards the back door—it is about six feet from the ground, or more.
JOHN M'CRAW . I am a police-inspector. I was called to the Dolphin on the morning of the 8th—I observed several footmarks at the adjoining place to the Dolphin, on all parts, and more immediately at the side window, which they describe as having been opened—in consequence of that, I took the prisoner's boots, and found them to correspond most minutely with the footmarks at the adjoining place—I saw the money found under the oyster-shells in the bag—it was 24l. 14s. 4d.
NOT GUILTY .
Fourth Jury, before Mr. Recorder.
GUILTY . Aged 19— Transported for Seven years.
2272. THOMAS ROBERTS was indicted for stealing, on the 17th of September, 1 cloak value 8l., the goods of George James Arkins:1 hat, value 4s., the goods of Richard Goldham: and 1 umbrella, value 10s., the goods of John Clews; in the dwelling-house of the said George James Atkins.
GEORGE NEWMAN . I am in the service of George James Atkins, of Bruton-street, Berkeley-square, in the parish of St. George, Hanover-square. On the evening of the 17th of September, about half-past eight she would call the following evening if the housemaid would be at house—he ask me of the housemaid was at home, and while I went down stain to tell the housemaid, I heard the door slam—I another lad ran up—when we got to the street door, Mr. Atkins came out into the hall to know what the noise was, and said there was a clock taken—I soon after missed a hat and umbrella—they were kept in a stand, right facing the parlour door—the clock was safe when I opened the door to the prisoner—nobody else had come in who could have taken it—it was Mrs. Atkins's cloak—she is in town now—I am sure the prisoner is the man who could—the umbrella belonged to John Clews, and the hat to Mr. Richard Goldham.
Cross-examined by MR. PAYNE. Q. How do you know Mr. Atkins's name? A. I have seen letters directed to George James Atkins—that is the name he goes by—they call him George—I never herd him called George James—it was a green merino cloak, with velvet collar, lined with
ermine—Mr. Atkins says it is worth eight guineas—I know nothing of the value myself—the name of the parish is on the lamp-posts, and on the posts all about—I never saw the prisoner before—I saw him for about a minute, or a minute and a half—I saw him again the Saturday following (a week after he came,)at Hatton-garden.
GEORGE NEWMAN re-examined. I believe it was an expensive kind of clock—the umbrella was a brown silk one—I did not notice whether it was saw or old—there was a lamp in the hall—the prisoner came into the pasage and stood inside the hall.
MR. PAYEE called JOHN WHITEHEAD. I am a carver, and live in Litchfield-street, Soho. I have known the prisoner two or three months, he pore an honest character, as far as I saw—on the 17th of September I employed to take my sister's goods to St. Katherine's Docks—she prisoner was with me, helping me to pack the goods, from three o'clock in the afternoon till seven in the evening—the prisoner went with me to the Docks between two and three o'clock—we arrived there at a little after four o'clock and were there till the bell rang to let us out again about seven o'clock—we then went to a coffeeshop close by, and remained there till nearly nine o'clock—we then gut into a cart, and got home to my own house about ten o'clock as near as can be—he then went away—he was in my company from there o'clock till ten—my sister, my daughter, and her son were with us—my daughter and her son are gone to America—I believe Westbrook knows of his being with me in the afternoon, helping me to pack up.
COURT. Q. How did you go to the Docks? A. In a spring-cart—after coming out, we left it in the Docks for a little while, then returned to the coffeeshop, and were there till the time of our coming home—the ship Ontario sailed on the 17th of September—we drew the cart very near the ship, a little to the of large post, on the landing inside the gate—we were about half an hour in taking them out and landing them on the floor of the officer, where they receive 1s. for each parcel before they put them on board—my sister paid 8s.—a man or two on the quay assisted in unloading the cart—my sister on board, and staid till nearly seven o'clock—the ship went into the outer basin and remained there—I did not go with it—I went to get a pint of coffee for my sister and daughter, nearly opposite the Dock-gate—I left the cart opposite the coffee-shop door—the prisoner was the driver of the cart—he went on board the ship with me, assisting with the luggage—a little boy took care of the cart while we went on board—the prisoner was in the coffee-shop—I do not know who took care of the while—he gave it in charge of a person—I procured the horse and cart form Mr. Mackay, of West-street—he is a butcher or something cart—I paid 6s. or 7s. not think it was exactly what is called a butcher's cart—I paid colour of the horse—it was neither white nor black—it might he something between the colours—the prisoner was sent with the cart to drive it—not from any
acquaintance I had with him—I was recommended to him as doing it as cheep, as any body—I paid him when we got home to our house—6s. or 7s. for the cart and all together—we had no dinner at the coffee-shop—we were talking about one thing and another there from seven o'clock till half-past eight—the prisoner was with me all the time—he gave the cart in charge of somebody during that time—my daughter and sister her son, and my wife came in a cab to the Dock after us, in about five minutes.
MR. PAYNE. Q. What was the size of the cart? A. A small cart-there was no room either for me or the prisoner—I walked—I have been in business as a carver thirty years—the cart was in the Dock from half-past four o'clock till between and seven—it was inside the Dock certainly.
GEORGE WESTBROOK . I helped in packing some goods in a cart at No. 10, Litchfield-street, about three or half-past two o'clock—I cannot say the time exactly—I live in the same before house as Whitehead—he had a sister going to America—she had one of his children and one of own, boy and a girl—her goods were packed in the cart—I did not go with then—the parcels were directed to America—I saw the cart leave—the prisoner and Whitehead went with them to St. Katharine's docks.
COURT. Q. What is your way of business? A. A boot and shoe maker—I have lodged there for ten years—I occupy the lower apartment—I had a knowledge of the prisoner before, by working for a person named Mackay, butcher, in a Newport-marker—this was on a Saturday—I was applied to to become a witness fourteen or fifteen days ago—I recollect the day this occurred, on account of a little jovility on the evening previous to the sister's going to America—the prisoner was in the habit of frequenting the next door, where the horse and vehicle stands—Mackay lives in West street—he has kept the horse and cart next door for some time, I believe—it stands there now to my certain knowledge in a stable—there on four horses there—they do not belong to Mackay.
MR. PAYNE. Q. How far is Mackay's place in the market from late's field-street? A. Not of the ship on them—they were going by the Tour or something of that kind—No.10, is where I live, the stable is No.12—it is a sort of square.
(Francis Harrington, carpenter, Berwick-street, Soho, and Charles Franklin, White Lion-street gave the prisoner a good character.)
GUILTY. of stealing under 5l. value. Aged 19.
2273. THOMAS ROBERTS was again indicted for stealing, on the 22nd of September, at St. Sepulchre, 1 cloak, value 5l., the goods of James Dawson Harris: and 1 coat, value 30s.; and 1 cloak, value 30s.; the goods of Edward Thomas Complin, in his dwelling-house.
EDWARD THOMAS COMPLIN . I am a surgeon, and live in Charterhouse-square, in the parish of St. Sepulchre. On Thursday evening between seven and eight o'clock. I was in the drawing-room, up one pair of stairs—one of my servants brought me a message, that a Mr. May had sent for his pattern-book—I knew nothing about May or his pattern-book—I suspected something wrong, and went down stairs—as I went our of the drawing-room the I hard the street door closed—I ran down, and miss some clock from the hall—I opened the door, ran out, and called "Stop thief" I saw a man running about twenty yards before me—I pursued him, calling out—I lost sight of him by persons staring between me and him to
pursue him—I came up in St. John-street, and found the prisoner in custody—I cannot say whether he is the man I pursued—finding he had no property on him, I hesitated about detaining him, but he was so out of breath and confused I determined to bring him back to my servant—I met a policeman—he brought him back to the house, and about twenty yards from my house a neighbour called to me that she had picked up the cloaks, and gave them to me—one cloak belonged to Mr. James Dawson Harris a gentleman, who bad just arrived at my house—the lowest value of it is 5l.—it cost fifteen guineas—there was a great-coat of mine, worth 30s. at the lowest and an India-rubber large cape, worth at least 30s., I gave two guineas for it—I am quite certain it was all missed at the certain all the articles together are worth 5l.—they were all missed at the same time.
ELIZABETH CULLUM . I am servant to Mr. Complin. I was in the kitchen, beard the bell ring, and went up—I saw the prisoner—I am quite sure it was him—he said he came for Mr. May's pattern-book—I left him just inside the door, and went up to master in the drawing-room—I noticed the cloaks were in the passage just before the prisoner came and the coat also—master came down before me, and the door was just closed, and she was gone off with two great-costs and a cloak—he was brought back it about ten minutes or a quarter of an hour—I am quite sure it was the prisoner—I stood at the door and hallooed "Stop thief"
MARY ANN PARKER . I am the wife of John Parker, and live in Charterhouse-lane. On Thursday, the 22nd of September, I was standing at my shop door, and saw a man running from the square in a direction from Mr. Complin's house, with a parcel of something—he passed my shop window, and I saw him throw it down—I saw Mr. Complin coming through the gate, calling "Stop thief "—I clapped my hand and called "Stop thief"—he threw the cloaks down right against my door, and I took them up—Mr. Complin claimed them—I don't profess to speak to the prisoner as the man.
JOHN RICHARDS . I live in Half-paved-court, Salisbury-square. Shortly before eight o'clock on Thursday evening, I was coming down St. John's street and heard the call of "Stop thief"—I saw a man running, and stopped him—it was the prisoner, and in a moment or two Mr. Complin came up—I requested him to come back to his house, and there the servant identified him as the man who was in the passage—he was the little out of breath from running—I stopped him about twenty or thirty yards from Charterhouse-square, and about 150 or 200 yards from the Complin's house—I observed him running about twenty yards—I did not see where he came from—he was running in a direction from the square.
(Property produced and sworn to)
Prisoner's Defence. I was walking up St. John's-street—I heard a cry of "Stop their—I to see what was the matter, Richards stopped me—I told him I done nothing.
GUILTY . Aged 19— Transported for Life
GEORGE LAWRENCE ANDREWS . I live in Vincent-place, City-road. On the 1st of October, about half-past eleven o'clock in the morning, I was in Aldersgate-street, the officer spoke to me, and we took both the
prisoners up a court opposite the Albion Tavern, and found my handkerchief on Maddams—this is it—I was not aware of its being taken.
JOHN WILLIAM HARRISON . I am an officer of Aldersgate-street, and observed the prisoner following the prosecutor—Wigley took up the skirt of his coat, took the handkerchief out, and gave it to Maddams—I secured them, and found the handkerchief on Maddams—I had observed them following the gentlemen for about ten minutes—they were acting together.
WIGLEY— GUILTY . Aged 16.
MADDAMS— GUILTY . Aged. 18.
Transported for Seven Years.
WILLIAM EVANS . I keep the Hatchet public-house, in Little Trinity-lane, in the parish of Queenhithe. About half-past eleven o'clock on the 21st of October I put our my lights and shut up the house—I considered the house was clear of customers—I went down into the cellar, and while I was below I heard something moving in the shop—I went up immediately, and saw prisoner behind the bar with the glass, in the act of taking the sovereigns out of it—he had just put them into this pockethe must have concealed himself I went down—I held him till the officer came in—I had seen him in the house that evening from about nine o'clock till about eleven o'clock—I could not exactly tell what number of sovereigns I had in the glass—I will say from fifteen to twenty—I will swear there were above ten, and thirteen half-sovereigns, I belive—they were all gone when I caught the prisoner—sixteen sovereigns and a half in amount were found on him.
JOHN HURLEY . I am patrol of Queenhithe. I was called by Mr. Evan's servant of the wine-vaults—the house is in the parish of St. Michael, Queenhithe—I took the prisoner into custody, and found to sovereigns and half in his mouth, and sixteen sovereigns and a half's in amount between his trowsers and the lining—I stripped him entirely, but could find no more—I did not count how many half-sovereigns there were—I delivered the money to the landlord.
WILLIAM EVANS re-examined Hurley gave me ten sovereigns and thirteen half-sovereigns—I know two of the half-sovereigns by marks on them—they have a bend in the middle, I had a dispute with a person about them, and marked them—I can swear to those two.
Prisoner. He said at the station-house he could not swear to his property but at Guildhall he said he could. Witness. I said at guildhall I could swear to two of them, I was not asked any question about them before that.
Prisoner's Defence. I own I was in the act of doing the theft, but I was not behind the bar—I was on the other side of the bar—I was quite intoxicated at the time—I had the head-ache, and laid down on the seat.
(—Heath, brewer at Messrs. Calvert's; John Booker, Richardson-street, Southwark; and James Henley, leather-lane, Holborn, gave the prisoner a good character.)
GUILTY . Aged 19— Transported for Life.
2276. RICHARD ALLEN was indicted for stealing, on the 20th of October, at St. Mary-le-Bow, 25 Yards of patent water-proof cotton cloth value 10l., the goods of James Ralph James Ralph and another, in their dwelling-house.
JAMES RALPH . I am a woollen-draper, and live in Cheapside, in the parish of St. Mary-le-Bow—I have one partner. I had a piece of patent India-rubber on my counter, it is M'Intosh water-proof cloth—I lost twenty-five yards 10l. it is the dwelling of the firm—the servant of the firm there.
GEORGE SCOTT . I am in the employ of Mr. Ralph. I saw the waterproof cotton cloth on the counter, at about four o'clock on the they in question, and missed it at about seven o'clock—I saw it next morning in the officer's possession, and I knew it to be the same.
JAMES CUTHBERT . I am an officer of Bread-street. on the 20th of October I saw the prisoner at about half-past six o'clock in the evening, St. Paul's church-yard, going towards Ludgate-hill, with the cloak under his arm—I went up to and asked him where he was going to with it—he said what was to me—I asked him again, he said the same—I had hold him by hand, and then took hold of him with both—he threw the cloth down, and tried to get away—I called for assistance, and got the assistance of the police—I found out the prosecutor next day—he was not a quarter of a mile from Mr. Ralph's shop.
(property produced and sworn to)
Prisoner's Defence. I found the clothe in Watling-street, placed in a doorway.
GUILTY . Aged 31— Transported for Life.
NEW COURT.—Wednesday, October 26th, 1836.
Sixth Jury, before Mr. Common Sergeant.
JAMES THOMAS REYNOLDS . I keep The Horns, public-house, in High-street, Whitechapel. The prisoner was my servant—on the 8th of October, between four and six o'clock, I was cleaning the windows, and saw the prisoner go behind the bar—she stopped, and went to little cupboard, by the side of the till, where we keep crockery—at the same times she pulled open the till and shut it to—I heard the money, and rattle, and jump down, and said, "Mary, what have you got in your hand?"—she said, "Nothing"—I said, "let me look"—she would not open her hand—I forced it open, and found two shillings and three sixpences in it—there was 1l. or 2l., of silver in the till—she said she was every sorry for what she had done—she was sober.
Prisoner. It belonged to myself—my mater asked asked what I has got there—I said, nothing belonging to him. Witness. Certainly not—I asked
what you had in your hand—you said, "Nothing" and then I took it from you—I am certain she opened the till, and I heard the halfpence rattle as she shut it to—she must have seen that I saw her, but the till being rather lower than the counter, she stooped down, and though, perhaps, I was not looking at her.
GUILTY . Aged 23— Confined Six Months.
WILLIAM CHALKER . I am in the employ of Messrs. John Braithwaite and others; they are engineers; the prisoner was also in their employ. On the morning of the 5th of October, at the half-past nine o'clock, I was in the cellar, working metal—I had some copper and gun-metal—the prisoner came, and took it off my bench to his bench—this is it—it is what I had from the store-room, to make some dies of.
Cross-examined by MR. PHILLIPS. Q. have you been acquainted with the prisoner? A. I have known him about twelve months—he was a very ingenious man in his way—he was at Constantinople, fitting up machinery.
WILLIAM GEORGE RICHARDSON . I was at work at his place. I observed Chalker bring the metal into the cellar—I saw the prisoner take it from his bench put it in a vice, saw it parley in two, and then break it—then he took one piece and concealed it under some tow—he afterwards used the other piece temporary as a tool, and then he put it under the two—I informed the foreman.
Cross-examined. Q. How near were you to him? A. Six or seven Yards—perhaps not so much.
---- NEWSON. When the men were going home from work, a little before six o'clock, I received information—I went and searched the prisoner, and found this property on him—he was going away from the house—he was the first out as soon as the ball rang.
FREDERICK BRAITHWAITE . The prisoner is a very ingenious workman—I detained, and charged him with having some metal of mine—he denied it—I said, "You had better save me the trouble of searching you"—he then produced this piece of gun-metal—I said, "Have you any thing more?"—he said, "No"—I tapped him on the breast, and said, "That won't do, old chap" and there was this piece of copper in his breast—I said, "we had better go to the station-house, "which he did—he was searched, and this other piece of copper found on him.
GUILTY. Aged 49—Recommended to mercy. — Confined Three Months.
MR. BODKIN conducted the prosecution.
WILLIAM TERRY . I am a grocer in High-street, Bloomsbury, and Greek-street, Soho. The prisoner was sin my service since last January—it was his duty to collect money, and receive order—he went out daily, and I paid him a commission—he was to account the following morning for what he did the day before—there is the account rendered by the prisoner to me on the 9th of September last—it last—it does not contain £2 12s., received from Mr. Monk the day before—there are entries money received from Mr. Monk for account before the 8th of September—I have got the paper
He handed in to me on the 16th of September—there is no account of 2l. 8s., 11d. received from Mr. Tatford—there is an account of Tatford—the paper he handed me on the 29th of September contains no entry of 4l. 1s. 2d. received the day before from Mr. Monk—it does contain something of Mr. Monk—here is, in prisoner's writing, "I called to-day: he was out the shop not let"he gave me an account of Mr. Monk n the 24th—it says, "W. Monk is buy and settle next week"—he has never at any time settled with me for these sums—he was taken on the 25th—I told him what for—the he would make it up.
Cross-examined by MR. CLARKSON. Q. Did he ask for time? A. Yes; he said if I would give him time till Monday he would make it up—this was on Saturday the 25th but I saw no probability of that—Monk's account does not consist of several balances—it left two balance—on the 9th he gave me the account of five different sums—Mr. Tatford was indented another sum of 2l. 8s. 11d., of an earlier date, that had not become due—there were no other balances beside the 4l. 1s. 2d—I entered, into no written agreement with the prisoner—there was no arrangement made at the time he came into my service how he should pay, hut it has been he customer to every morning—30s. was about the amount of his weekly commission—he had a business of his own besides.
MR. BODKIN. Q. Do you employ other people in the same way? A. Yes, then all account on the following day.
WILLIAM MONK . I was a customer of Mr. Terry's. On the 8th of September I paid the prisoner on account of Mr. Terry, 2l. 12s. 9d.—I have his receipt here—on the 22nd I paid him 4l. 1s. 2d.—here is the receipt—I did not tell him to call again on the 23rd or 24th.
Cross-examined. Q. Were you about to let your shop? A. Yes—I did not pay him this among a variety of other things—on the 8th of September 2l. 12s. 9d. was due to Mr. Terry—that was all I owed him.
Cross-examined. Q. When there not other sums due from you? A. No, no other debts—when I pay one hill I order more goods.
MR. BODKIN. Q. Did you pay that, and order more goods? A. Yes, (The prisoner received a goods character.)
GUILTY. Aged 50—Recommended to mercy. — Confined Six Months.
JOSEPH WINTER . I live in Wood-street, and am a glove manufacturer. The prisoner was in my employ—it was his duty to make sales—he was a confidential servant—I purchased about fifty dozen of French gloves, and on the 5th of September I directed him to force some sales, and ten dozen boxes of 120 pairs were taken by him to Sewell Cross, at knight-bridge, to office them to Mr. Pontez, the glove-buyer there, and particularly to say that I could allow but 1 1/2 per cent on those French gloves—I mean discount, our usual allowance, for our own manufacture, is 2 1/2 per cent—the following day he told he had made the dale of ten dozen, and I particularly questioned him if he had told Mr. Pontez that he was only to have 1 1/4 per cent a dozen allowed on the goods—he told me he had, and
marked the invoice 1 1/4—I consequently entered them into my own book, and passed them to the account of Sewell, Cross, and Co—when the account was rendered, they denied ever having purchases such gloves—I had no money for them—the money due, including that account, was 19l. 10s.—those ten dozen pairs were worth 11l. 7s. 6d.—that was the money due for them—I saw him them away myself.
Cross-examined by MR. PHILLIPS. Q. How long had he been in your employ? A. He came on the 29th of August, with 52l., a years standing salary—he was not to have 52l. a years unless he sold thirty dozen a week, but it he sold twenty-five dozen he was to be paid according to what he sold—if it was French goods, it was 1 1/4 percent. on all he sold above thirty dozen a week, besides his salary—although he neglected his business, he sold from twenty-five to thirty dozen a week—nor rule is regularly to pay men by the quarter but I would have given him any money if he had asked me—I mean 6l. or 7l.—I never paid him any money for any week's work—he never asked me—I never settle with him, his time was so short with me—his friends have been endeavouring to settle with me about this business—I have not been endeavouring to do it—there were stamps brought by Mr. Lock, but when I declined having anything to do with them Mr. Lock asked me to purchase the stamps of him, and said he wanted the money—I purchased them—there was a 5s. stamp and a 4s. 6d. one—it was not because I could not get cash instead of bills that I broke off the negotiation with his father—I never asked cash in place of bills, not in any way stipulated for cash—I never refused to take cash before the prisoner was committed—they never officered me cash—I never demanded 4l. for the loss of the man's time nor say I expected it—4l. was never mentioned in any way in reference to the prisoner's time, nor for any other purpose—I did not demand a compensation for the money I might pay the police officer—I never demanded any thing—I never said I should expect it—I was aware of Mr. Lock buying these stamps to endeavour to come to an arrangement, and I suffered him in my ignorance—they were not filled up—I told them my loss was bout 189l. but they had the stamps then—they offered before he was committed to give me drafts—I never having been placed in such a situation before, gave into—I then consulted my attorney, Mr. Paddon, of Hatton-garden—he told me I dare not do such a thing—I immediately returned, and positively refused it—they pressed me again in the street to do it—I never said any thing about cash—there was no time specified for the prisoner to settle with me.
COURT. Q. Did he enter the sale of these gloves on the 5th of September? A. He made a rough entry, and I entered in the book—here is the rough entry, "Sewell, Cross, and Co., Knightsbridge, 10 doz., Habits, French., 22s. 9d."—I entered it the 6th of September in my day-books—in the course of trade, they would own me 11l. 7s. 6d. for them.
CHARLES PONTEZ . I am in the employ of Sewell, Cross, and Co., of Knightsbridge. I called on Mr. Winter about the 5th of September—I saw the prisoner—he said he had some French gloves, and he showed me two dozen—he said he would send me down ten dozen for my approbation—I never saw them—they were not received—there have not been ten dozen gloves bought at 22s. 9d.—there is no account of 11l. 7s. 6d. due from my master to Mr. Winter for these gloves.
Cross-examined. Q. Has this young man ever lived at Sewell and Cross's? A. Yes—he came from Nottingham—he lived with as about six months—they have always a character with their servant, I believe.
CHARLES ROSSITER (police-constable E 122.) I went to prisoner's house last Monday week, about half-past nine o'clock in the evening, No.5, Orange-street, Red Lion-square, with Mr. Winter—I did not find the prisoner there then, but did in the evening and tool him into custody, these ten dozen pairs of gloves were on the sofa in his room—I afterwards searched the apartment, and in a box, found the duplicates of 859 pairs—I said it was ninety-one dozen and five pairs before the Magistrate.
MR. PHILLIPS. Q. How many of this description had your master? A. There was only this one box of this sort—we had no other gloves of this description at that price—there is no private mark of ours on them—they are a common description of glove, coming from France.
GUILTY. Aged 22—Recommended to Mercy. — Confined One year.
THOMAS BERRY PERCIVAL . I am a constable of Portsoken Ward. At a quarter before seven o'clock on the 22nd of October, I was going up the Minories, from Aldgate, and observed three men—the prisoner was one—I saw them all watching a truck containing several parcels—I watched at a little distance—I obtained the assistance of a patrol, who went one side of the way, and I on the other, till we came to the end of Swan-street, where, in consequence of a crowd, I lost sight of them, and directly after I found the prisoner in the patrol's custody.
EDWARD TRUSTE . I was with Percival—I observed the prisoner go into the road, take the bundle out of the truck, and put it under his arm—I collared him, and took it from him—it contains five printed books.
GUILTY. Aged 21—Recommended to mercy. — Confined Three Months.
2282. JOHN BROWN was indicted for feloniously forging, on the 7th of October, a request for the delivery of 700 flower-roods, with intent to defraud William Thomas Durban and another against the Statute, &c.—2nd COUNT, for uttering the same, with a like intent.
WILLIAM THOMAS DURBAN . I am in partnership with henry Adams, and am a nursery-man in the King's-road, Chelsea. On the 7th of October, about six o'clock in the evening the prisoner came and presented me this order for bulbs. (read)—"Gentlemen—Please send, per bearer, 600 yellow Crocuses, 50 Soliel D' Or Narcissus, 50 Grand Primo Citrono, and 100 Hyacinths, for James Gray and Son, Brompton-park"—I told him there was no price attached to the hyacinths, and to go back and come again in the morning, as they vary in price—he came again in the morning, between in six and seven o'clock, and presented this other order—"Gentlemen—Please to sent fifty Grand Primo Citrono, the Hyacinths must not be more than 60s.; must have some Waterloos with them, and twenty-five Vanthol Tulips.—From yours,—James Gray and Son."—he said he was going on to Mr. Knight's, and would call as he came back—when he returned, I said there must be some mistake about it, as I had previously sent to Mr. Gray's to know if it was correct—these hyacinths were out of the earth, and dry—I gave the prisoner some roots, and took him into custody.
Prisoner. Q. Can you swear it is my hand-writing? A. No; I do not think it is—the roots I gave him were worth 1l.—the last order would amount to about 3l. 12s.
JOHN HUTTON ADAMS . I am foreman to James Gray and Son, of Brompton-park. I did not send the prisoner to Durban—these orders are not the writing of Messrs. Gray, or any person belonging to them—they are forgeries, I have no doubt—I was at the nursery on the 7th—if any orders had been sent, I should have sent them, but we were not buyers of these articles—we had plenty of them.
LUKE NIXON (police-sergeant B 16.) I went after the prisoner, and took him with five parcels, containing flower-roots—in going to the station-house, he told me a man gave him the note on Friday night to take to Knightsbridge, and on the Saturday morning he said he was out, and met the same man, who gave him another note, and gave him 1s. to take it—I asked if he knew the man—he said he did not, nor where he lived, but he was to wait there for him till he came up with the roots.
(The prisoner put in a written Defence, stating that a man had given his the order in the street to fetch the goods.)
Prisoner. I said I received it of a man that I had previously seen at the bottom of the nursery.
GUILTY . Aged 46.— Confined Two Years.
2283. JOHN COCKING was indicted for stealing, on the 1st of October, 6 lbs. weight of sugar, value 3s.; 1lb. weight of suet, value 6d.; and 1 1/4 lb. weight of beef, value 10d.; the goods of George Clark.
GEORGE CLARK . I am a costermonger. I had a horse and cart on the 1st of October at Potter's Bar—I had some parcels in it, and among the rest 6 lbs. of sugar, some suet and beef—I went to drink in a public-house and when I came out the parcels were gone—this is the sugar—the others were given back to me.
CHARLES CROXTON . I am an officer. I sawthe prisoner that day, and watched him—I did not see him do any thing—the prosecutor told me something—I went after the prisoner, and found these things in his pocket—he said he did not know how they came there.
GUILTY . Aged 33.— Confined Six Months.
WILLIAM WYNN . I live in St. George's, Hanover-square, and am a cheesemonger. On the 30th of September I saw the prisoner come and take a piece of bacon out of my window—I went and gave her in charge—she
said it was the first crime she ever did, and begged I would let her go—I believe distress drove her to it.
Prisoner. I was very poor, and have four children.
GUILTY. Aged 49.—Recommended to mercy. — Confined Six Days.
HENRY BUCKLEY . I live in Great Wild-street. On the 8th of October, about eight o'clock in the morning, I opened the door—this floor-cloth was safe then—laid down on the passage—I found it at Bow-street the same day.
Cross-examined by MR. PAYNE. Q. How do you know it? A. In consequence of the sewers being repairing in the street, it was very dirty—I cannot say to a mark on it—I am sure that it is mine.
JOHN HENRY STEVENS . I live in No. 10, Great Wild-street, opposite the prosecutor's. I saw the prisoner that day, about two o'clock, leave Mr. Buckley's house with a piece of floor-cloth under her arm—I went over to Mr. Buckley—I and his son went after her, and found her in Queen-street—we gave her into custody.
Cross-examined. Q. How far were you from her? A. It might be three hundred yards—I was at my drawing-room window—I have no doubt of her person.
Cross-examined. Q. In what state did the woman appear? A. She was not drunk, but appeared muddled.
(The prisoner received a good character.)
GUILTY. Aged 25.—Recommended to mercy. Confined Eight Days.
HENRY KIMMANCE HEMSTED . I am assistant to Mr. John Brown, linen-draper, of the Minories. The prisoner and another woman came on Friday, the 30th of September, to look at some dresses, and selected two at 10s. 6d. a dress—they had not sufficient to pay, and left a deposit of 1s., saying they would come the following day—the prisoner gave her name as Sarah Smith—I had occasion to get into the window two or three times, and the last time I saw the prisoner putting something under her shawl—I thought it was a dress, but I could not at the moment recollect the patters—they went out—I pursued, and said to the prisoner, "You have stolen a dress"—she said, "Do you mean to say I have stolen a dress?"—"Yes," says I, "you did"—she said, "You d—d stinking vagabond, there is your dress, you brought it with you," and threw it at my feet—I took it up, and gave her in charge in Petticoat-lane—I did not bring the dress with me.
Cross-examined by MR. CHAMBERS. Q. Who was serving in the shop? A. The lad and I were—I did not see the other woman do any thing—this was not one of the dresses for which they had paid—it was among the lot—we never give people permission to take away things on paying a deposit—we do not work on the tally system—here is a mark I made in the corner of this dress—I tore this corner that I might know it again—there is a ticket on it—I am quite certain it was not sold—the prisoner had got but a very short distance—two or three minutes' walk, I suppose—
had not lost sight of her—the other woman got away, and I was very near losing this one.
COURT to HENRY K. HEMSTED. Q. Which was the woman that left the deposit and talked to you? A. The prisoner.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Six Months, Fourteen Days Solitary.
WILLIAM THORN . I am shopman to Mr. William Davies, of Chiswell-street, a linen-draper. The prisoner came there on the 24th of September—I watched, and saw him take this lawn from the counter—I left him alone to see what he would do—he concealed it in his trowsers, and went out—he was brought back, and I saw Mr. Davies take the lawn from him.
GUILTY .* Aged 13.— Transported for Seven Years.
2288. MARY SULLIVAN was indicted for stealing, on the 24th of September, 1 watch, value 2l.; 1 watch-guard, value 2d.; 2 seals, value 2d.; 1 watch-key. value 1d.; and 1 fourpenny-piece; the goods and monies of James Timothy Brady, from his person.
JAMES TIMOTHY BRADY . I met the prisoner in Whitechapel-road, on the 24th of September—she asked where I was going—I said, "Home"—she said, "You had better come home with me; I have got a room of my own"—I went with her, and sat down—she asked if I was going to give her any thing to drink—I sent her for some gin—she came up and drank it, and then took the things down, and came up and said, "What have you got in your pocket?"—I said, "What is that to you?"—I had put my watch and other things in my handkerchief in my pocket; and no sooner had I said the words than she took the handkerchief out of my pocket, and she ran down stairs—I did not see her again till the policeman had taken her—this is my watch, and key, and guard—I live in Johnson's-exchange and was steward of the Dart steam-boat.
Prisoner. He had no money, and gave me the watch till the morning, Witness. No, I had 1l. 15s. in my pocket—I was in the house half as hour—I gave her 1s. to buy the gin—as she was going out of the room, I told her if she would give me the watch I would give her 5s.—I owed her no money—I agreed to give her 2s.—I did not give her that—she did not take the watch because I did not give her the 2s.
RICHARD COOPER (police-constable H 85.) I took the prisoner—I said I wanted her to go to the watch-house with me—she refused—I accused her of stealing the watch—the denied it—as she was going along Rose lane, she put her hand to her bosom, took the watch out, and threw is across the street—I went and took it up—she ran away once.
GUILTY . Aged 19.— Transported for Seven Years.
2289. JOHN EVANS was indicted for stealing, on the 28th of September, 1 box, value 1s.; 5 gowns, value 3l.; 1 quilt, value 8s.; 7 pairs of stockings, value 3s.; 2 bed-gowns, value 2s.; 2 petticoats, value 2s.; 4 pockets, value 2s.; 4 shifts, value 14s.; 3 night-caps, value 1s.; 14 handkerchief, value 7s.; 31 towels, value 15s.; 25 aprons, value 10s.; 18 printed books, value 2s.; 1 pincushion, value 6d.; 1 hat-brush, value 6d.; 1 box, value 1s.; 1 ring, value 9s.; 2 sovereigns, 2 half-sovereigns, 3 half-crowns, and 10 shillings; the goods and monies of Mary Hinston.
MARY HINSTON . I am a servant out of place. On the 27th of September, I was at the George public-house, in Castle-street, Leicester-square, with a person named Lee—the prisoner came in and sat down at the end of the table where I sat—he had a pint of half-and-half, and asked me to drink, which I did—I said nothing to him, nor he to me—I went out at eight o'clock, and he followed me—my box was at Grosvenor Arms—when I came out, the prisoner asked if I would accept of him to carry my box—I had said I was going to service—I asked him what he would charge—he said, "Nothing, but some drink;" and he had some half-and-half at the Grosvenor Arms—he sat in the tap-room while the waiter and I fetched the two boxes down stairs, and a bundle, they contained the five gowns and other things mentioned—there were two sovereigns, two half-sovereigns, and three half-crowns—I left the house with him—he helped me to carry the boxes to the Vernon's Head, in North Audley-street, where I was going to live—the next morning, at ten o'clock, I came to the place, and the box was gone—I had told him I was going to my father's house to sleep—I left the Vernon's Head about half-past nine o'clock—he was with me, and came part of the way home—he came to the public-house in Belgrave-square—he proposed to stay with me all night, I refused, and he was very angry, and said he would make me repent it before that time to-morrow night—I left him, and the next morning went to my place, and found the larger box, that contained these articles, gone—this is the box, and here are the articles in it.
Prisoner. Q. Did you pay for what we had to drink? A. I paid for the half-and-half.
JOHN GEORGE , continued. She came at half-past nine o'clock that night, and said she was to come the next morning—I said, "You cannot want to go for any good purpose, I won't take charge of your clothes"—my man put them into some room—they were left in my house—I saw them brought in—the next morning the prisoner came to me and said he was come to fetch the boxes away—I sent him back, to say the girl had better come and speak to Mrs. George—he was gone half an hour, and came back and said the girl declined the situation altogether, and he was to take away the boxes—I showed him into the room where they were—he was there half an hour—I was passing, and saw him with the boxes open, and I said, "What are you doing?"—he said he was trying to put the three into one—I thought no harm of it, as she had represented him as her brother-in-law the night before—he went out with the larger box—the girl came in about an hour and a half.
WILLIAM GOFTON . I am a pawnbroker. I produce the box and all that is in it—the prisoner came to me on the morning of the 28th of September, and said he and his wife were going on furlough, and he wished to leave the box in a place of security—he did not want on it—I lent him 10s.—he came the next day, and said he wanted to take a ring out—I
said I would not suffer him to take any thing out; if it was his wife's, he had better bring her—he went away, and did not return.
Prisoner's Defence. (written.) On the Tuesday night previous to my apprehension, the prosecutrix came to me, at the George public-house, near the barracks, and requested me to go with her, to take her box from a former situation to the Vernon's Head, where she was engaged as servant; saying, that she did not intend to stop there that night, but that she would go with me and procure lodgings for the night, where we could sleep together, and that then she would go to her place in the morning. I accompanied her, carried her box, and left it at the Vernon's Head, the landlord of which and her had some words, and she came away from there—she said she would not go there at all, and requested me to call a cab, and to fetch her boxes away again that night. I told her I thought she had better let them remain till morning, and then I would fetch them away. We went from there to procure a bed, which she said she could get for 2s. or 2s. 6d. I said I would not give so much; upon which she asked me to go to her mother's, and said that I could stop there and sleep that night with her. We went to public-house, and stopped there drinking till a late hour; I then persuaded her to go home by herself, not liking to go to her mother's. She then proposed to me to take a lodging, where I could visit her when I thought proper, on the next day I told her that I had to money for such purpose; and she told me to go in the morning, get her box, and raise a few shillings to pay a week's rent down. I accordingly went on the on the next day and fetched it away, and pledged it for 10s.
MARY HINSTON re-examined. Q. When you left the Vernon public-house did you propose to sleep with him? A. No, I did not—I did not go to any other public-house—I went home with my mother, and slept with a little girl five years old, at my mother's house at Pimlico—I never knew the prisoner before—I never had any connexion with him.
Prisoner. Q. Was you not at the George public-house on the Monday night? A. No; I was not—I met corporal Morgan outside, but I was not in—I met him at the corner of the street where the public-house is.
Prisoner. You was away about an hour, and came back again—I met you at the hate, and you proposed to meet me at the public-house the next night. Witness. No; I never saw you in my life till the night you took the box—I was not in the house on Monday.
JOHN HARWOOD re-examined, I brought the prisoner out of the barracks, and I then asked what he had done with the girl's box—the said he knew nothing about it—I told him he must go with me to the station-house—the following morning, at Marlborough-street, he acknowledged to having he duplicate inside his cap—he gave it to me.
NOT GUILTY .
HENRY MILLS . I am barman to Charles Henry Clifford, who keeps the Coach and Horse, High-street, Shadwell. On Saturday night, the 24th of September, the prisoner was there about ten o'clock, with a little girl, whom she not the bar for half a pint of ale—I served it in a pint put, I gave it the little girl—she took it over to the prisoner, who drank it,
went out, and then I missed the pot—I went and found her with it in her lap—I took it out of her, and gave it to the policeman—it was my master's.
Prisoner. I had been drinking there all the evening, and did not know what I had got.
GUILTY. Aged 42.—Recommended to mercy by the Prosecutor.
Transporter for Seven Years.
JOHN BLENNAM . I am salesboy to Mr. Robert Watt, a pawnbroker, of Exmouth-street. On the 27th of September I was minding the goods outside—I had a waistcoat hanging out—Mr. Samuel Farley saw a man hold up a handkerchief and take down the waistcoat—I went after him, took it from under his coat, and brought it back.
Prisoner. I was walking up Exmouth-street, and saw the waistcoat on the pavement. Witness. No, it was on a rail, and he held up a handkerchief so that the lad should not see him take it down.
GUILTY . Aged 26.— Confined Six Months, Two Weeks Solitary.
Fifth Jury, before Mr. Sergeant Arabin.
EDMUND HOLDERNESS . I am in the employ of Mr. Benjamin Black, a carriage-lamp-manufacturer, in South Moulton-street. The prisoner worked there about fifteen or sixteen days—I suspected all was not right, and on the 22nd of September, about three o'clock in the afternoon, I stopped him against the street door (it was not usual time to go out)—I accused him of stealing the metal, and told him he had better pull it out of his pocket before he went away—I took him into the back shop, and he pulled it out of his pocked himself—this is it.
(This prisoner pleaded poverty.)
GUILTY. Aged 27.—Recommended to mercy. — Confined Six Weeks.
JOHN HENRY HEANY . I keep a turnery warehouse in Crawford-street. On the 29th of September the prisoner came in, about nine o'clock in the morning—he wished to see some toy watches—my wife served him—I saw him take these two boxes of dominoes off the counter, and put them into his cap—I went and asked what he had got—he said, "Nothing"—he went
out—I pursued, and he was taken—he gave me the two boxes out of his cap.
(Mary Oliver, the prisoner's sister, gave him a good character.)
GUILTY. Aged 16.—Recommended to mercy.
Transported for Seven Years.
2294. GEORGE CHURCH was indicted for stealing, on the 1st of October, 14lbs. weight of salmon, value 1l., 4lbs. weight of stewed hare, value 7s.; 4lbs. weight of stewed partridge value 7s.; 4lbs. weight of stewed grouse, value 11s.; 2 hams, value 16s.; 2 pieces of canvass, value 8d.; 3 bottles of pickles, value 4s.; 6 bottles of gooseberries, value 3s.; 3 bottles of damsons, value 1s. 6d.; and 11 tin cases, value 2s.; the goods of William Kilner and another: and GEORGE DALE and MARY GILES were indicted for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.—2nd COUNT, for feloniously receiving them of an evil-disposed person, well knowing them to have been stolen; against the Statute, &c.
FRANCIS COPE . I am partner with Mr. Francis Kilner, preserved provision merchant, and live in Mincing-lane. The property stolen was as order, part of which was only put up—the two hams and pickles were sent in to be packed with our goods—they had been packed, I should say, three days—we lost them on Saturday evening, the 1st of October—the parcel was directed to M'Cleod, Esq.—they were packed in a cask—I saw it last a five o'clock that Saturday evening—I did not observe this till Lee the officer told me of it on Monday morning—I afterwards saw it at Lambeth-street office—I gave a list of the contents to the officer, who emptied the cask in my presence—it was all correct, with the exception of one bottle of pickles.
Cross-examined by MR. PHILLIPS. Q. Have you any partner? A. Yes, one; I do not know Church at all.
JAMES LEE . I am an officer. A person came to the office about eight o'clock on the evening of the 1st of October; and from information I went to the house No. 5, Old Montague-street, Whitechapel, about half-past eight o'clock in the evening, in company with Shelswell—we knocked at the door—it was opened by the female prisoner, who said her name was Dale—we went into the room in the lower part of the house, and the prisoner Dale was sitting by the fire—there was a cask full of straw, in the corner of the room, and on the floor were a number of bottles, and eleven tin cases containing salmon and other things—I found the articles stated in the indictment, standing on the floor, unpacked—I asked Dale if the cask and the contents belonged to him—he said no; and he was not at home when the cask was brought in the cart—he wished me to ask a person of the name of Telley, up stairs, if he was at home, who, he said, would prove that he was not at home—I went on the stairs and called to Telley—he was in bed—I asked if he knew any thing of Dale being at home—he said he know nothing about Dale or the cart either—a woman came out of Telley's room into Dale's and he said to her, "You know I was not at home when the cask came"—she said she could not say any thing about it, she did not know whether he was at home or not—Giles then said the cask had been brought there about an hour before, by a young man in a cart, and he said he would call for it again when he had
put his horse and cart up—I asked her if she knew where he lived—she said no, she did not—I then asked if she knew his name—after some hesitation she said his name was Church—I then asked Dale if he knew who the man was—he said he knew him—I asked him who the man was working for that day—he said he did not know, but he was working on the Friday for a Mr. Mephan—by the side of a cask was a hammer and chisel, by the window-ledge—Dale said they belonged to him—and there was a broken hoop in the corner of the room, which appeared to have come off the cask—there was part of the top of the cask in the room, partly burnt, and some wood was on the fire, burning, which appeared similar to this—this is one part of the top—Shelswell had taken Dale to the station-house at Spitalfields—he was gone about half an hour, and returned with Dale, as they would not take him in—just at the time the door was opened, Church came and stood by the door of the room—I asked him what his name was,—he said, "Church"—I told him I had been waiting for him some time, and asked if he knew any thing about the cask in the room—he said, what was that to me? and was rather unruly—I told him I believed it had been stolen, and asked where he brought it from—he said from Mincing-lane—he said a man had met him in Tower-street, or Tower-hill, (I do not recollect which,) and told him to bring it to this house, but I forgot to mention that—I asked Giles who unpacked the cask, before Church came in—the said, "The young man that left it took the things out, and the top was loose"—that was while Shelswell was gone with Dale to the station-house—I found a book in Dale's drawer with the name of Church in it—it is mentioned in the depositions—I showed the came property to Mr. Kilner.
Cross-examined by MR. PHILLIPS. Q. Did you mention before the Magistrate that Dale went out and was brought back? A. Yes, I did; and that Dale and Church came in at the same time—I will swear I mentioned it to the Magistrate, but the depositions were written afterwards by the clerk—the prisoner were not present when they were taken—there is a book kept by the clerk, which is the statement of the witnesses—the depositions were not taken from that, but from me, but the prisoners were not present—I do not know whether the clerk put it down—I stated it to the Magistrate—it was read over to me, but they did not ask me whether it was correct—I did not tell the Magistrate I had any change to make—it was read over, I suppose, for the prisoners to hear what I had said—what I stated these was all correct.
Q. Do you mean to swear that it was read over to you, and that you said Dale and Church came in at the same time? A. I cannot say whether it was read over to me—the first thing I asked Church was, what his name was—he said, "Church"—I then asked if he knew any thing about the cask—I did state that, and he said, what was that to me?—possibly I might ask him if he brought it there—I swore the truth before the Magistrate—I cannot recollect what I asked him first, whether it was where he had brought it from—I cannot recollect whether I swore before the Magistrate that I asked him whether he brought it there; if I did, I dare say it is true—I cannot recollect the precise words—(looking at his deposition) I believe this is correct—Church said, "I did bring it here"—I then asked where he brought it from—he then told me from Mincing-lane—I then asked him who it belonged to—he told me that he did not know, that a man met him in Tower-street, and desired him to bring it to that house.
Cross-examined by MR. CLARKSON. Q. When you were first examined
there was a note-book in the hand of the clerk, and then the prisoners were present? A. Yes—that was on Monday, the 3rd of October—the depositions were taken before the clerk on Monday—we retired from the public office where the prisoners were, to another office where the clerk was—in the public office, the prisoner is produced, and there is a rough note-book, into which the clerk takes the whole of the statement, and then the prisoners are locked up, and the witnesses go into another room, and the depositions are taken—we do not sign the book—sometimes we sign the depositions—I never signed the clerk's book in my life—I never put my name to any statement in presence of the prisoners—we sign the deposition in the clerk's office after it has been taken and read over—when I spoke to the female, she told me when the goods were brought by Church that the male prisoner was not at home—I omitted to state that, but you will find it in the deposition—I had no reason for leaving, it out—I did not know Giles before—she gave that name at the office—I believe you understand me to say that the depositions were read over in presence of the prisoners.
MR. PHILLIPS. Q. Who has spoken to you? A. Mr. Cope—he told me that I said they were not read over in the prisoner's presence.
THOMAS SHELSWELL . I went to this house with Lee—I found this piece of the cask in the coal-hole minutes—when I came back, Church came to the door, as Dale was going into the passage, and called out, "Is that you, George?"
Cross-examined by MR. PHILLIPS. Q. Church came to the door? A. Yes, as Dale went into the passage, and I pushed him into the room.
Cross-examined by MR. CLARKSON. Q. What time did you and Lee first go to the house? A. About twenty minutes past eight o'clock—I returned with Dale rather before nine o'clock—while I was absent I left Lee at the house, so that the female prisoner could have no communication with any one.
WILLIAM MEPHAN . I am carman to my father. He lives in Black Raven-court, Seething-lane—I hired Church to go with the cart on Friday, and again at half-past nine o'clock on Saturday, in Billiter-street—he had the cart till half-past seven or a little before eight o'clock at night, but I was not there when he came home with the cart—he had no business to go where they say he went.
(Sarah Evans, of No. 64, Middlesex-street, Somers-town, gave Church a good character.)
CHURCH— GUILTY .† Aged 28.— Transported for Seven Years.
DALE— GUILTY .* Aged 24.— Transported for Fourteen Years.
GILES— GUILTY . Aged 21.— Confined One Year.
JOHN STEPHEN RACINE . I live at South Mimms, which is eleven miles from London, and am a licensed victualler. I did not miss my ducks before I was told they were gone—I do not know whether they were in the yard or in the road—I heard of it about six o'clock in the evening on the 11th of July—they were large brown ones—I lost two—I have not seen them since—the prisoner lives in my neighbourhood—I do not know where he makes his home—his father lives in the parish.
ducks for 1s. 6d., about the 11th of July, at Barnet, a quarter of a mile from South Mimms—they were brown ones—a largish sort—I did not buy them—they were very much mangled about, and the skin torn from their necks.
Prisoner. I had two docks for sale, and I them to him—he took them home and brought them back. Witness. I looked at them, and would not have them.
NOT GUILTY .
2296. JOHN SELBY was indicted for stealing, on the 7th of September, 1 coat, value 4l.; 2 pairs of trowsers, value 2l.; 1 handkerchief, value 1s.; 4 waistcoats, value 2l.; 1 pair of boots, value 25s.; 3 shirts, value 16s.; 2 stocks, value 2s.; 3 pairs of stockings, value 2s.; and I hair-brush, value 6d.; the goods of John Holland.
JOHN HOLLAND . I am a tailor, and lodge in Bruce-place, York-square. The prisoner lodged there about eight weeks, and slept in the same room—on the 7th of September I went out about six o'clock in the morning, leaving him in bed—I left some of these articles in a trunk, and some in the room—I returned at half-past nine o'clock at night—all my property was gone, and the prisoner was gone without notice—I was going along Oxford-street, on the 20th of September, and met him—I said, "You old robber, I have got you "—he said, "I don't know you"—I held him till the officer came up—my handkerchief was in his pocket, and my coat and trowsers were at the pawnbroker's.
SARAH DEARY . The prisoner lodged with me, in the same room with Holland—he left on the 7th of September, and told me he had got an invitation to go to Enfield, and would return in a fortnight—he brought down his things in ten minutes after, and went out.
Prisoner. I throw myself entirely on the mercy of the Court.
GUILTY . Aged 50.- Transported for Seven Years.
2297. JAMES YOUNG was indicted for stealing, on the 26th of September, 1 coat, value 36s.; 1 handkerchief, value 6d.; 1 pair of gloves, value 6d.; and 1 memorandum-book, value 6d.; the goods of Leonard Bladen; to which he pleaded.
GUILTY . Aged 34.— Confined Three Months.
GUILTY . Aged 19.— Confined six Months.
GUILTY . Aged 18.— Confined Six Months.
OLD COURT.—Thursday, October 27th, 1836.
Second Jury, before Mr. Sergeant Arabin.
2300. SARAH MOORE was indicted for feloniously breaking and entering the dwelling-house of Robert Westwood, on the 27th of September, at St. James, Westminster, and stealing therein, 1 watch, value 30l., his goods; to which she pleaded.
GUILTY . Aged 42.— Transported for life.
2301. MARY ANN HATCH was indicted for stealing, on the 11th of September, at St. George, Hanover-square, 1 box, value 4s.; the goods of Thomas Hayward: 1 habit, value 10l.; 1 cloak, value 7s.; and 12 gowns, value 29l.; the goods of Eliza Henrietta Pattle, in the dwelling-house of Eliza Ann Mitford; to which she pleaded.
GUILTY . Aged 25.— Transported for Life.
GUILTY . Aged 22.— Transported for Life.
WILLIAM HEDGES, JUN . I am a bargeman, and live at Reading, On the 4th of October I came to town—I took the prisoner's cab in Bridge-street, Blackfriars, in the evening—I was rather drunk—he drove over the bridge, got down, and brought two girls up into the cab—we went a little distance, and the girls got down—I paid for a drop of liquor there, and the girls left—I did not get out—I had one sovereign and six half-crowns all in my right-hand pocket—I afterwards found myself in Thames-street—I missed my money before I got out of the cab—I had gone to sleep in the cab for about half an hour—he roused me up, and said, "Come, rouse up, pay me my fare"—I put my hand into my pocket, and my money was gone—it was in a small bag—I charged him with it—he denied it, and I gave him into custody—he said he had 10s. or 12s. about him—I believe six half-crowns and seven shillings were found on him, but I did not notice.
Prisoner. Q. Did you not go into a gin-shop? A. I went to a house. but I never got out of the cab at all—I did not go into any house.
WILLIAM RAY . I am an officer. I took the prisoner in charge, in Tower Ward watch-house, for robbing the prosecutor—he charged him with stealing a sovereign and six half-crowns—I asked the prisoner what money he had about him—he said 10s. or 12s.—I asked him to produce it—he would not—I put my hand into his waistcoat pocket, and found six half-crows, seven shillings, there sixpences, and one penny—he said it was all the money he had—the prosecutor said he was certain the half-crowns were his property—I searched the prisoner further, and found the sovereign in a small pocket in the tail of his coat.
Prisoner's Defence. The prosecutor was with two or three prostitutes—he hailed me, and told me to take him to a gin-shop—I took him to Langham's, in Bridge-street—he went in there, and had half-a-pint of gin,
and gave some, which he could not drink, to the company—he then got in again, he told me to drive over the bridge, and said, "If you can see two nice girls, stop, and I will invite them into the cab," and about half-past one o'clock in the morning, he called two girls into the cab, and went to a night-house—he got out and drank again—he invited the girls into the cab again, but they would not come—he said he had friends in Thames-street, and I drove him over there—I asked him to pay me—he refused, and I said I must drive him to the watch-house, which I did, and he said he had been robbed—I declare the money found in my possession was my own hard earnings.
GUILTY . Aged 22.— Transported for Seven Years.
Before Mr. Justice Gaselee.
2304. WILLIAM ADAMS was indicted for burglariously breaking and entering the dwelling-house of Frederick Mackmain, about the hour of eight in the night of the 5th of October, at St. Marylebone, with intent to steal.
ELIZABETH MACKMAIN . I am the wife of Frederick Mackmain, a ladies' shoe-maker, we live in Foley-street, St. Marylebone. On the 5th of October, about twenty minutes to eight o'clock, I was sitting down in the kitchen, and heard a noise in the passage—I looked round, and saw the parlour door was fastened, and the key hanging up—we have a private dropbolt to the parlour door, which we pull up by a wire—I saw that was down. and felt satisfied all was right, but in about three minutes more, I head a dreadful noise up stairs in the passage—I took the candle off the table, and ran up stairs, and I saw the prisoner go from between the parlour door and the street door as I got to the top of the kitchen stairs—the parlour door was open—the prisoner ran into the street and shut the door in my face—I opened it and ran after him—I was not above a yard or so behind him when he shut it—I followed him, calling out, "Stop thief," and he was pursued by Wood, a policeman, and stopped—before I heard the noise Henry Hendley came to the street door, and brought me home three pinafores—when he went away the door was shut—before I could get out of the kitchen to open the door to Hendley I heard somebody go out and shut the door after them—I did not say any thing to Hendley—I took the pinafores and went down stairs again, and directly afterwards heard this noise—the parlour door was shut when I was up stairs to Hendley, for I put my hand against it—I had no light—it was locked with a key, and an inside, drop-bolt—a wire leads from that bolt into the kitchen—by pulling the wire up, if the bolt is down, you can get into the parlour—the street door opens by a latch-key—when I followed the prisoner he turned the corner of Foley-street into great Ogle-street, and then turned the corner of Marylebone-street—I there lost sight of him—he was brought back by the constable in about ten minutes—I had never seen him before to my knowledge—I knew him to be the same man I saw got out of the street door—I went into the parlour—it had been opened—I did not miss any thing from there—the bolt was broken off the door—there were eleven impressions of a crow-bar on the door and post—I am sure I latched the street door after I took the pinafores from Hendley—I was the last person who had been in the parlour before that—I am sure I locked it—a skeleton key was produced by the policeman, which I tried to the parlour door, by the Magistrate's order, and it opened it—it would not open the street door—I lost nothing.
Cross-examined by MR. PHILLIPS. Q. The light was so far gone that you required a candle in your house? A. Yes—the prisoner's back was to me when he was running—I saw his face distinctly enough to know him again as he went through the door—it was a very slight opportunity—I have always given the same account of my opportunity of seeing him—I saw him between the two doors. but then his back was turned towards me—I did not say before the Magistrate that I saw him between the two doors—I was not so closely asked then—I said I ran up the kitchen stairs, got into the passage, and saw him with his hand on the knob of the street door; and that I saw his side face as he shut the door—it was done instantly, as quickly as he could—the street door opens with a very common kind of latch-key—there is a lock and bolt to the door—I have been robbed before, which made me particular.
COURT. Q. Was the street door locked? A. Not at that time—I only shut it by the latch when I look the things from Hendley.
HENRY HENDLEY . I am twelve years old, and live in Foley-street, with my father who is a painter. On the 5th of October, about twenty minutes to eight o'clock, I took some clothes home to the prosecutrix, which my mother had mangled—I knocked at the door, and a man came out with an apron on—he said they would he down directly—I did not know him before—I am not quite sure of him—it was a short man—the prisoner is like him—he went away, and Mrs. Mackmain came up—I gave her the pinafores, and she went away directly—I went away as soon as I gave them to her—she shut the door close—it was a man just the prisoner's size, but I am not sure of him.
Cross-examined. Q. Did you try the door to see if it was fast? A. No, but she shut it.
JOHN WOOD . I am a police-constable. On the night of the 5th, I was coming along Upper Marylebone-street, at about twenty minutes to eight o'clock, and heard a cry of "Stop thief"—I saw the prisoner running down Ogle-street, from Mr. Mackmain's house—I followed him, crying "Stop thief"—he ran along Marylebone-street, into Little Ogle-street, and ran into a shop—he ran out again directly, and I caught him in my arms—he asked me what he had done, and said he had done nothing—I asked him what he ran for—he said because other people ran—I took him back to the prosecutrix's house, and he dropped this skeleton key at the door—I went in, and found this bolt had been forced off the door, and the door forced open—I tried the key, and it both locked and unlocked the door—the prosecutrix came up to me directly I stopped him—there were eleven impressions on the door and door-post of either a small crowbar or chisel—they appeared to be freshly done—it was dark at the time.
Cross-examined. Q. Did you pick up the key yourself? A. No, I did not, a person brought it to me at the station-house—he is not here—I searched the prisoner, and found 1s. 8 1/2 d. and a knife on him.
COURT? Q. Did you see him drop the pick-lock key? A. No; but I felt him drop it by the side of me, at the prosecutrix's door.
NOT GUILTY .
Before Mr. Baron Bolland.
2305. JOHN RICKARDS was indicted for stealing, on the 19th of September, at St. George, Bloomsbury, 1 coffee-pot, value 16l.; 1 stand, value 3l.; 1 lamp, value 30s.; 50 spoons, value 40l.; 25 forks, value 27l.; 10 ladles, value 13l.; 1 fish-knife, value 3l.; 1 egg-stand, value 6l.; 6 egg-cups, value 7l.; 2 cream-jugs, value 5l.; 2 sugar-dishes, value 5l.; 2 tops of sugar-glasses, value 4l.; 2 sugar-sifters, value 30s.; 1 ten-pot, value 10l.; 1 dish-cover, value 2l.; 1 butter-knife, value 15s.; 3 castortops, value 30s.; 2 cruet-stands, value 7l.; 1 mustard-pot, value 1l.; 1 pair of sugar-tongs, value 8s.; 4 decanter-stands, value 5l.; 4 waiters, value 36l.; 2 knife-rests, value 1l.; and 1 bread-basket, value 12l.; the goods of John Tullock and another, his masters, in their dwelling-house.
MARY ANN LONG . I am house-maid in the service of Messrs. John and James Tullock, of Montague-place. The prisoner entered their service on the 8th of March last as footman—he had the care of the plate, which was kept in the pantry—I was in the pantry on Sunday, the 18th of September, between eight and nine o'clock in the evening, the prisoner was there also—I saw every thing as usual—I cannot swear that it was all there—I saw some of the plate there—I saw three waiters—there were four, but I cannot say I saw more than three that evening—and I saw the tea-pot and milk-pot—some part of it was on the dresser—the tea-pot and milk-pot went up for tea at nine o'clock—I remained in the pantry a few minutes—the prisoner went out once that evening between seven and eight o'clock—I think that was the time, but I am not positive—it was before I was in the pantry—he staid out about half an hour—I supped with him that night between nine and ten o'clock, and I saw him at eleven o'clock—he slept in his pantry—next morning I went to call him to breakfast, at about a quarter after eight o'clock—I called him, and not receiving any answer, I went into the pantry, and discovered that he was gone, and all the plate—the plate-basket was out of its usual place, the lid open, and no plate in it—it was the prisoner's duty to shut the house up—I believe he did so that night, but I cannot say—he was the last of the servants up on Sunday night—I missed a small wicker basket or hamper which had been in the passage down stairs, it had a small handle to it—I informed my master—I had heard the prisoner take up my master's water as usual, at about seven o'clock on the Monday morning.
Cross-examined by MR. CLARKSON. Q. Was it Mr. John Tullock you mentioned it to in the morning? A. Yes—his sister hires the servants—Mr. John belongs to the Guardian Firs Office—two brothers, a sister, and a cousin, all live together—I do not know whether they share the expenses among them—it was the custom to have out as many as five dozen spoons for ordinary use, and four pairs of candlesticks—we lost two dozen forks, I believe, and three pairs of candlesticks—there are three servants, a cook, the prisoner, and myself—the basket was a small one, which master had some game sent in.
MR. JOHN TULLOCK . I keep the house in Montague-place, in conjunction with my brother—the plate belongs to us jointly—my sister has no share in it whatever—I cannot tell what quantity of plate we had—we had a silver coffee-pot and stand, a silver lamp, and some silver spoons—I cannot speak to the total amount the prisoner had the care of—I should suppose there must be a dozen of each sort, table and dessert spoons, forks and knives, ladles, fish-knife, egg cups, two cream-jugs, two sugar-dishes, a ten-pot, a dish-cover, a butter-knife, three castor-tops, a cruet-stand, a mustard-pot, pair of sugar-tongs, decanter-stands, and knife-rests—they were all silver, and were worth a great deal morn than 5l.—the tea-pot I know to be worth more than 10l., and the coffee-pot and stand 18l. or 20l.—on Sunday, the 18th of September, I breakfasted at home—I went out of town, and returned in the evening, about eleven o'clock—I recollect seeing one of the
waiters with the toast-rack on it at breakfast—the milk-jug, tea-pot, spoons, and every thing necessary for breakfast—the prisoner attended at breakfast—when I came home at night I called for some water, and the prisoner brought me some on the silver waiter, which I should think it was worth about 10l.—I saw the prisoner next morning, about seven o'clock, or a little after—he brought my shaving water, and took my clothes away to brush—Long gave me information a little after eight o'clock, and the instant I received it I went down stairs—I am doubtful whether I went into the pantry then or after I had made inquiry—I went out, and called the porter of the Museum—I spoke to him and another person near the house, and I think I instantly sent off to the police-office to apprize them of the robbery—I saw the prisoner when he was apprehended, I think that was on the Wednesday night following—I do not think I spoke to him when he brought me my water—he made no communication to me about my loss.
Cross-examined. Q. Did you have a character with him? A. My brother got his character from a very respectable gentleman, who holds an official situation in the Treasury—if we had not had a very good character he would not have come to my house, and I believe that gentleman had his character from the late Mr. Lambert, whom he lived with twelve years—I do not think it was usual to have quite so much plate out, but I think he asked for some to clean—I am a director of the Guardian Office—I am in partnership with my brother as merchants—I hold the house on a lease from Mr. Birch—it is granted to me individually—we pay the rent out of our joint funds—my sister and cousin reside in the house, but they have no interest whatever in it—my brother and I have lived with each other for twenty years—the prisoner's wages were twenty-four or twenty-six guiness, besides two suits of livery, and great-coat, and the usual at ceteras.
RICHARD SANDERS . I am porter at the British Museum-gate, which opens into Montague-place, and live in Leonard-court, Museum-street. On Monday morning, the 19th, I opened the gate at six o'clock—I have known the prisoner since, he has been in Mr. Tullock's service—I have seen him many times, and spoken to him now and then—when I opened the gate I saw the prisoner come out of the area gate of Mr. Tullock's house—I said he was up very early—I never saw him up so early before—he said nothing, but smiled, and walked on towards Russell-square—he must have heard me—he had nothing with him that I saw—he came back in about half an hour afterwards or rather better—I asked him in a friendly way if they had done with the work people in the house—he made no reply to that, but said some of the family were going away that morning by the steamer to Ramsgate.
Cross-examined. Q. Had you full opportunity of seeing him? A. Yes—he had black breeches, white stockings, red waistcoat, and a striped morning lilac jacket—no great coat or cloak, nor any parcel or basket it his hand—I know M'Carthy as the sweeper at the corner of Montague-place.
JAMES M'CARTHY . I live in Neal's-yard, Great St. Andrew-street. I stand at the corner of Montague-place, and go on errands for gentlemen who want me, and sweep the street at Montague-place. I go there about half-past six o'clock every morning, and remain there all day, at the crossing at the end of Montague-place and Russell-square—on Monday, the 19th of September, I went there about half-past six o'clock in the morning—I have known the prisoner for about six months, by living at Mr. Tullock's—I saw him that morning, about half-past seven o'clock, coming from
Montague-place towards Southampton-row—he had who baskets with him—one was a kind of mat-basket, which they carry poultry in, and such as carpenters carry their tools in, the other was a hamper—he told me, some of the family were going out of town, and he was going to Ramsgate to the steamer—he then went on.
Cross-examined. Q. When did any body first ask you about this matter? A. I do not know the man—he is nor here now—I was standing at the corner of a crossing when the man spoke to me about it—it was about eight o'clock on the very morning it happened—I told him what I had seen—I was called into Mr. Tullock's kitchen, and told him what I had seen—Sanders asked me if I had seen the footman go by—I said, "Yes, with two baskets," and he said, there was a robbery of plate committed—he told me he had seen him about six o'clock, to the best of my recollection—I was not taken before the Magistrate till the second hearing—I was never a witness before in my life—I expect to get something by this—whatever they please to give me—no one has told me I should get any thing—I always understood they got something for it—I heard so in this yard, from the policeman Collier—I asked him if I should get any thing for it, and he said yes, I should he paid for it—he said he did not know what, perhaps I might get 2s., and perhaps nothing at all.
Q. What, it would depend on what was the end of it? A. Yes, I thought it was generally the rule, 3s. 6d.—the prisoner was dressed in his livery when he spoke to me—he had a light striped jacket on—I did not notice his trowsers, or whether he had a stick in his hand—I have been at the stand about two years—I saw the policeman the same morning at Mr. Tullock's—I have seen him go by there of a morning—I never talked to him before—one of the baskets the prisoner had was a flag basket, just as if there was poultry in it—the policeman asked me if I knew what he had in his hand—I said, "Yes, two baskets"—he did not ask me if one was a hamper—he asked me what sort of baskets they were, and I told him one was such as they carry carpenters' tools in, and the other a small hand-basket, which opens at the top.
BENJAMIN GOOSE . I live in Gower-mews, North, and drive a cab for my father. On Monday morning, the 19th of September, between seven and eight o'clock, I was in the rank in Southampton-row—the prisoners called me, and got into the cab—he had two small basket with him, kind of hampers, similar to flag-baskets, with a lid to open at the top—he told me to drive him straight on—he did not say where to when he first got in—I came down King-street, and got very nearly into Holborn before he gave me any direction; he then told me to turn to the left and go to Hatton-garden—I had got into Holborn then—I drove him to Charles-street, Hatton-garden—he got out about the middle of the street, and went down Saffron-hill, through the posts—he said he should come back, and asked me if he should pay me then or when he came back—I said when he came back would do—he took the baskets with him—he returned in five or six minutes—he had not the baskets with him then—he got into the cab, and asked me where I was going—I told him I was going back to Southampton-row—he went to a public-house in Charles-street—came out and paid me—he said he was going into Lombard-street—he treated me, to a drop of something to drink, and discharged me.
Cross-examined. Q. Did both the baskets open at the top? A. I won't be sure whether the little one did—the big one did—I did not take
much notice of them—I was applied to by Collier, the policeman the same morning about eleven or twelve o'clock, in Southampton-row—I cannot say how he found me out—I had seen the prisoner about the neighbourhood before, but had not spoken to him.
GEORGE COLLIER (police-constable E 38.) On Monday morning the 19th of September, about ten o'clock, I received information respecting the robbery, from the superintendent of the police—I went to Mr. Tullock's and examined the premises, and in consequence of information, I made search after the prisoner—I met with him on Wednesday evening, the 21st of September, in Leather-lane, Holborn—I followed him, and overtook him in the lane—I did not know him before—I only had a description at him—I said to him, "Halloo, Tom, I have got you at last," and took him into custody—he said, "It is all up with me, I am safe to be bellowsed," that is a flash word among thieves. meaning, being transported for life—I asked him what he had done with Mr. Tullock's plate—he said he would sooner be hung on the gallows at Newgate before he told me, so as far Mr. Tullock to have it back again—he said he was man planted, and sold like a bullock—he told me he had sold the plate for £32, and that Mr. Tullock should never have it back—I took him to the station-house—I had to go to St. Giles's station-house with him, and on the road had to pass Mr. Tullock's—on getting there I let go of the prisoner's arm, and knocked at the door—immediately I let go of his arm he ran away—I pursued and overtook him, he resisted and fought, but I secured him—I searched him, and found twenty sovereigns, two half-sovereigns, and two shillings on him.
Cross-examined. Q. Do you know M'Carthy, who has been examined? A. I was not acquainted with him at all, till this took place—I have seen him in the street, nothing more—I have not had any talk with him about this, more than to tell the truth, and nothing but the truth—that is the advice I have always given him—his friends told him he would get 3s. 6d. a day here, as he had lost his work—I told him he would have his expenses paid—he asked me whether he would have 2s. or 3s. 6d.—I said that depended on the Court, if he had lost his time he might have 3s. 6d., as he was twenty-six years of age, as he told me—I did not tell him it would depend on the result of it—I know Mr. South-gate, who keeps a lodging-house in Charles-street, Drury-lane—I have seen Thomas Keen—I only know him by seeing him—I have never been in his company above twice, which was the day before I apprehended the prisoner, and the day I did apprehend him, to the best of my belief—I never saw him before that to my knowledge, not to speak to him—I did not know where he lived till I received information of the robbery—I do not know that he has been transported—he was brought to me by his mother—he was employed under Mr. Southgate—I did not know Mr. Southgate until the robbery took place—I went to his house—I don't know where I saw him last, I swear that—I never saw him since the day the prisoner was apprehended, when I went with him to different places.
GUILTY . Aged 36.— Transported for Life.
Before Mr. Justice Gaselee.
him a bay gelding, between five and six o'clock in the evening—I ordered him to take it from the repository in St. Martin's-lane, to Robinson's repository in Little Britain. and there to have it booked in my name, and that I would attend the sale the next day—I sent it by him by seeing him there, and knowing he was in the habit of delivering horses for different house—he did not apply to me for it—I gave him orders to do it—I saw him again next day—I sent my son down to the repository to attend the sale?—my son came back and the prisoner with him—I was not at home them.
John Glover. I am a coach master, and live at Enfield. I have known the prisoner about fifteen months—he has many times taken horses for me after I have purchased them—he brought this horse to me on Monday the 12th of October, at the Bell inn, Holborn, and left it there all night, in my name—I was not there till the morning—he met in Bishopsgate-street, and said he had got a horse for sale, which was useless to the owner, inasmuch as it would not draw his coals from the wharf, and I might have the privilege of trying it, and if it suited me I was to have it at my own price—I put the horse in and it went very well—he asked me what I would give for it—I said, "5l."—he said that would not do, and I bought it of him for 6l., and half-a-crown for himself—I have had it ever since in my possession, and have worked it—I was told I had better keep it till after the trial—I told the prosecutor he might have it provided I got my 6l. again.
JOHN GLOVER re-examined. He told me he was commissioned by the prosecutor to sell the horse, and, on account of its bad character, it was to go cheap—he gave me a receipt for the money—I asked him if he was authorized to sell it—he said, yes if I doubted it, I might go and pay the money myself to Mr. Meckiff—he told me Mr. Meckiff's address—I said I did not want a receipt for the money, and I dare say it was all right—I did not want to walk there.
NOT GUILTY .
First Jury, before Mr. Common Sergeant.
2307. JOHN PEREZ DE CASTANOS and PIEDRO CALLIGANI were indicted for stealing, on the 23rd of September, at St. James, Westminster, 4 seals, value 6l., the goods of William Broad Rowlands and another, in their dwelling-house.
WILLIAM BROAD ROWLAND . I am a jeweller, in partnership with my brother, at 92, Quadrant, Regent-street, in the parish of St. James. On the morning of Friday, the 23rd of September, the prisoners came to our shop—Calligani asked to look at some seals—my shopman reached out two trays for their inspection—Castanos appeared to act as interpreter—he said the seals were for Calligani, and two were selected by Castanos for the other—they were shown to him by Castanos, and he approved of them—Castanos called him his friend, and gave me to understand they were for him—Castanos asked the price of engraving, and a long conversation took place about engraving them—they remained ten minutes or a quarter of an hour—on the Monday following, Bradshaw the officer came, and produced some seals to me—I examined my stock and four were missing—I identified three of the seals he produced—they were worth 3l. 10s.—another was lost which has not been found.
Calligani. (Through an interpreter.) I cannot deny being in the shop, but instead of Castanos choosing them, I chose them myself, and I went to the shop again in proof of my innocence, Witness. They both came again the same day, I think it was at three o'clock in the afternoon, to bring the engravings—I did not show them any thing at that time—the seals coming to more than the price the had asked for, he said it was too dear, and went out—I asked Castanos for their address, and he gave me, "Sabloniere's Hotel, Leicester-square"—I have not been there, but they live in Lisle-street.
RICHARD BRADSHAW . I am a policeman. On Monday afternoon, the 26th of September, at three or four o'clock, I went to No. 2, Little Lisle-street, Leicester-square, kept by Mr. Coqurel—I searched the room on the second floor, and found the three seals, which I produce, sewed up in the cloak—I found fourteen others in another part of the cloak, wrapped in paper, and bound with black thread, in different parts of the cloak, at the bottom—I showed the seals to the prosecutor, and he identified these three—I went afterwards to Sabloniere's Hotel, and found they did not live there, and were not know.
Calligani. The address was given to the Hotel, because that day I intended to dine there—I had no interest whatever to give a false address—had I been a thief I should not have gone to the same shop again—the seals were not sewn in the lining of the cloak—it is false. Witness. I found them in different parts of the cloak—the lining was sewn, and I toe it up—they were wrapped in parcels of three each.
MARGARET COQUREL . I am the wife of Lewis Coqurel, and live at No. 2, Lisle-street. The two prisoners lodged in the room which the officers went into, on the second floor—one slept in a cupboard, and the other on a sofa bed in the room—Castanos passed as the master, and Calligani as his servant—they always went out together as two friends, arm-in-are—I furnished the room for them—I have not received any money—they owe, at this time, between 3l. and 4l.—I know that cloak belonged to one of them—I cannot tell to which.
Castanos. If we were master and servant, how could we be friends? Witness. He said to me on the Sunday night, when I gave him a candle to go to bed, "My friend will not come home to-night," and afterwards said, "My servant will not come home to-night."
COURT. Q. What makes you say Calligani passed as servant? A. He used to call him servant, and Calligani used to attend to him, and used to come down to breakfast in a different dress—they sat down to meals at the same table together.
WILLIAM BROAD ROWLANDS re-examined. These are the seals I missed from the tray—they were on the tray on the morning previous to the prisoners coming, I am sure—I showed two of them to them, I am certain—I have not sold either of them.
JURY. Q. Were the three on the tray? A. They were in the morning—we do not took over the seals every day—we take an account of every seal we sell—I did not miss them till the officer came.
Castanos. Q. Have you any private mark to know them by? A. Yes—we have the dye of the large one by us—it is one of our own getting-up—we have not another like it.
Castanos put in a written Defence, stating, that on his way from Paris he met with Calligani, whom he had known previously, and it was arranged he should act as interpreter for him in England—that he accompanied him
by his desire to several jewellers, where he merely acted as interpreter, and that he knew nothing of the seals which were found in Calligani's cloak.
Calligani's Defence. I left Paris on the 15th of October, and came to London, with the desire of seeing this Capital—in my way I met with Castanos, whom I had known in Paris, with one of my friends—I begged of him to take lodgings for us together, as I did not know a single word of English, he might be very useful to me—he accepted the proposal, and went to Mr. Coqurel's—five or six days afterwards I begged of him to go with me to a jeweller's shop to buy a seal which I wished, and to have my named engraved, and he went with me to be my interpreter—on the Saturday I met an Italian named Capel, whom I had seen on the Thursday—I went to several places with him, and on the Sunday met him in the Quadrant—I proposed to him to take me to a house where several foreigners met—he gave me two or three parcels to take care of till the next day, as he did not like to take them to a gambling house—as I did not wish to expose them to any one's view, I put them between the linings of my cloak, which I put into the trunk, without the least knowledge of Castanos, who was fast asleep—my friend borrowed 6l. of me, and then 5l. more—he then begged me to keep the seals till he paid me.
Of stealing under, the value of 5l.
JAMES MARMADUKE CONSTABLE . I am a jeweller, and live at No. 203, Regent-street. The two prisoners came to my shop on Monday morning the 26th of September, between ten and eleven o'clock—Castanos asked to see some seals—I showed him a tray containing forty or fifty—they were there about ten minutes or a quarter of an hour, but bought none—I have since missed three seals—two of those produced are mine—one I can swear to most positively—I sold no seals at all between the time of their calling and my seeing the seals—I am certain I had sold them to any body.
Castanos. We had to go to our lodging, to leave the seals, and then to Mr. West, all in half an hour, I think that is impossible. Witness. Lisle-street is about ten minutes' walk from Constable's, but that must be slow walking—I should say five minutes—Mr. West lives in Margaret-street, Cavendish-square—I examined the prisoners' lodging, and found the two seals I suppose to be Mr. Constable's, sewn up in the bottom of the cloak.
Castanos. Q. Did we come back to the lodging after leaving there the first time? A. I cannot recollect.
morning—we have fifteen lodgers, and it is impossible to recollect—they went away in the morning.
Castanos's Defence. From the moment we left the lodging we could not have put the seals there, it must be evident, whether we came home or not. I cannot he answerable for the seals being there—the manner in which they came there does not appear.
Calligani's Defence. I never saw the seals from the time I received them from my friend—there is no proof that I stole them.
CASTANOS— GUILTY . Aged 26.
CALLIGANI— GUILTY . Aged 24.
Transported for Life.
(There were five other indictments against the prisoners.)
NEW COURT.—Thursday, October 27th, 1836.
Fifth Jury, before Mr. Recorder.
GUILTY .— Confined One Month.
GUILTY . Aged 11.— Confined Five Days.
2311. THOMAS HOPKINS was indicted for stealing, on the 15th of September, 1 box, value 5s.; 11 gowns, value 2l. 10s.; 1 shawl, value 2l. 6 sheets, value 2l.; 5 bed-gowns, value 15s.; 6 caps, value 30s.; 4 pairs of stockings, value 4s.; 8 petticoats, value 30s.; 1 watch, value 3l.; 1 ring, value 1l.; 1 pair of ear-rings, value 14s.; 1 pair of boots, value 5s.; 1 bonnet, value 15s.; six handkerchiefs, value 14s.; and 5 neckerchiefs, value 10s.; the goods of Ann Mullins.
ANN MULLINS . I live at the Two Chairmen, Lower Bruton-mews. On the 15th of September, I spoke to a cabman on the stand in Dean-street, Soho—I made a bargain with him, to carry my box from the Goldbeater's Arms, West-street, where I lodged—he asked 1s. 6d.—I said I could not afford to pay that—as I went from the cab the prisoner followed me to the top of the street, and offered to take my box for 6d., to the Two Chairmen, in Lower Bruton-mews—I was satisfied—I took him and my sister to a public-house in Seven-dials, and had a pot of ale, which I paid for—I afterwards went to West-street, and the delivered the prisoner my box—it contained some money, gowns, and the articles stated in the indictment, and my mother's wedding-ring—they were worth 14l.—he carried the box to Warwick-street in my presence—I did not go all the way with him, as I had to call at two or three places—I left it in his charge, at about eight o'clock, to carry it to the Two Chairmen—I never got my box—I got there a little after nine o'clock—he had a quarter of a mile to go—I was sober—I gave information at the station-house, and the prisoner was taken—he did not deny it—he said he gave up the box to me at the door of the Two Chairman, public-house, and that I paid him.
Prisoner. Q. Did you not stay at four or five public-house previous to leaving me, and drink with different people? A. No—I did not stay at a public-house with one of my fellow-lodgers, and leave you at the corner
of West-street, nor did you come in two or three times, and tell me you could not stop—I did not speak to a man of the name of Clark—I had a witness at the police-office, who swore that I was at the door with the box, and he spoke to me.
COURT. Q. Was there at Marlborough-street a man who came forward to state that he saw the prisoner at the door of the public-house? A. Yes—at the door of the Two Chairmen—I brought him forward—he said he spoke to him at the door, but he never delivered it there—I told the prisoner to leave it, and my mistress would pay him—Mr. Small is the man's name—he is one of our lodgers.
Prisoner. I asked her to mind the box while I went aside for a minute or two—I then returned, and she was asleep on the box. Witness. No, I was not—I was sober—he did not ask if he should take it in for me, as it was heavy.
JAMES DUPERE (police-constable C 90.) On the 17th of September, in consequence of information, I apprehended the prisoner at the burialground of St. Ann's Westminster, at about twelve o'clock in the day—he was standing, looking at a grave-stone—on our way through part of the church (the usual way from the burial-ground) I told him I had him in custody for stealing a girl's box—he said, "I did not steal it, I gave it her at the door, and she paid me for it," and he told one of our sergeants so—at the examination there was a name produced, who said he had seen the box carried to the Two Chairmen—he could not speak positively, but he had every reason to believe the prisoner was the person—that was stated in the hearing of the prisoner and the prosecutrix—he said he entered the house, and sat directly opposite the door, and he stated, on his oath, that the box never entered the house—he staid there till eleven o'clock at night—he is a man who lodges in the house, and worked in front of the house—the Magistrate did not him over, his evidence was not reduced to writing—they said that the prisoner's confession, that he carried the box to the door, was sufficient—this was at Marlborough-street office.
ANN MULLINS re-examined. The Two Chairmen is three miles from here—Mr. Small is a tailor—he works outside the door, in a little cottage he has there—I do not know whether any question was put to him by the prisoner—the box could not have been left wife him.
Prisoner. I left the prosecutrix talking with a young man—while I took it to the door, and put it down, this man came out, and said, "Do you think we shall have any wet?"—I said, "I think we shall"—the prosecutrix came up and paid me the 6d., and I asked if I should take it in for her, and she said, "No"—she staid in six public-houses and treated me. Witness. No, I did not—I went to the Bricklayers' Arms, where I had lived, and where part of my things were—I had two or three places to call at.
COURT. Q. If you parted with him at eight o'clock, how did you occupy your time till a quarter before ten o'clock, as you state in your deposition? A. I went to the Bricklayers' Arms, and then I went to a sister of mine at Westminster, Horse-ferry-road—I know no man of the name of Clark—I did not taste a drop of rum that night while I was out—I only had a pint of ale.
Prisoner's Defence. She dropped some of her money there, and then she stopped with four Irishmen, then a plasterer came up, and she went over and had a quartern of gin—then we went to the corner of the street, and Mr. Clark came out, and she asked him to have come gin, he said he would not—we went to the corner of Brewer-street, and had mother quartern of
gin, and she put her glass into water; at the corner of Burlington-street I put down the box, and asked her to sit down on it a few minutes while I went aside, she sat down and fell asleep—I went on to the house, and put the box on a form, and she came and paid me—the witness stated that she went up stairs, and never came down any more—it is not likely that she would deliver the box into a stranger's hands, and not go home with me.
NOT GUILTY .
THOMAS DODDS . I live in Adam-street, Adelphi. On the morning of the 3rd of October I was on the London side of Temple-bar—in consequence of somebody speaking to me, I missed my handkerchief—the prisoner was pointed out to me—I went and took my handkerchief out of his pocket—this is it—I know it by some marks and stains upon it.
Prisoner. I was going down Temple-lane, and picked it up on the pavement—I put it into my pocket.
MR. DODDS. I could not have dropped it—it was quite safe in my pocket—I had felt it not five minutes before.
GUILTY .* Aged 19.— Transported for Seven Years.
SOPHIA HOPKINS . I am the wife of David Hopkins, of Burn-street, Marylebone. The prisoner is my sister-in-law—we were removing, on Monday the 26th of September, and she wished me to let her help me, on account of my giving her her breakfast, as she was so distressed—I missed a smock-frock, and charged her the next day with taking it—she denied it—I told her to give me the duplicate, and I would get it out—I did not wish to prosecute her, being a relation; but when he policeman came about another case, he said I must—my husband had denied her the house, but I employed her unknown to him.
Prisoner. I did it through distress.
GUILTY. Aged 48.—Recommended to mercy. — Confined One Months.
THOMAS DANIEL FURLEY . I live in the Colonade, Brunswick-square, and am a glazier. The prisoner is my son—he went our on the Monday afternoon as usual, and I came home on Tuesday evening from works, my wife told me he was gone—I went and found him close by Leather-lane, doing nothing—he was gone from Monday till Tuesday evening—he gave me up the duplicate of these things, and confessed it, voluntarily, immediately—he has been at home with me a fortnight this last time.
THOMAS EELY . I am shopman to Mr. Loveday, of Calthorpe-place, Gray's-inn-road. I produce a parasol which was pledged by the prisoner—he said he pledged it for his mother, in the name of John Cooper, Cromer-street, for 1s. 6d.
pawnbroker—I have a waistcoat which was pawned on Monday evening, the 3rd of October, by the prisoner—he said it was for his father—I am certain of him.
Prisoner. I did not pledge them.
GUILTY . Aged 16.— Confined Three Months.
LAWRENCE JOHN LIOMIN . I am shopman to Mr. William Gofton, who keeps a sale-shop in Robert-street, St. George, Hanover-square. On the afternoon of the 3rd of October I was outside the shop, and saw the prisoner take a piece of carpet from a couch in the shop—she put it under her apron—I pursued and caught her—she flung it into the road.
Prisoner. I hope you will have mercy on me; I have a young family, and was in liquor at the time.
(The indictment also charged a previous conviction.) CHARLES HAWKER (police-constable D 106.) I produce a certificate of the prisoner's former conviction, which I got at Mr. Clark's office—(read)—the prisoner is the person.
GUILTY . Aged 37.— Confined Six Months.
RICHARD FRAISER . I live at South Mimms. I lost my boots in May, and gave notice to the policeman, he told me there was a pair of boots at the station, and I went and found them at Islington—I knew the prisoner, he belonged to the same parish.
WILLIAM M'CAFFREY . I am an officer of the Barnet General Association. I was at my house on the 24th of May, and saw the prisoner going past, with a little bundle under his arm—I went out—a man came and said, "Do you want to buy a pair of boots?"—I said, "Who has got them?"—he said, "That man down the road"—I said, "Go, and detain him till I come to you"—I got my shoes on and went down—he was showing the man the boots, near a stile—I said, "Halloo, what have you got?"—he said, "A pair of boots"—I said, "Are these yours?"—he said, "Yes"—I said, "What do you want?"—he said, 5s.—I said I should take him on suspicion—he resisted, but I locked him up, and found the prosecutor.
Prisoner. I know nothing about their being stolen, a man told me to sell them if I could, but not to take less than 8s.; he was a bricklayer, in Newgate-street; I had seen him several times.
(The indictment also charged a previous conviction.)
JAMES CAMFIELD . I am a constable of Friern Barnet, in Herts. I produce the certificate of the prisoner's former conviction, which I got from the Clerk of the Peace of the County—(read)—the prisoner is the man.
GUILTY . Aged 65.— Confined Nine Months.
MARY JEFFERIES . I was servant to Sir Jonathan Wathen Waller. On the 25th of September I saw all the fowls alive in the yard—there were some chickens in a house there—there were nine found on the prisoner, and one killed, and left on the premises—I saw them safe on Sunday afternoon, the 25th of September.
WILLIAM ALLAWAY . I am a police sergeant. On the night of the 25th of September, I was on duty at Sir Jonathan Wathen Waller's—I saw four men on the premises—they went into the rick-yard—I heard a fowl make a noise—I saw two men come out, and pace backwards and forwards, then go into the yard again—I then heard a dog make a noise, and saw four men come out, and run down a meadow till they came to some walnut trees—I ran down another meadow till I came near where they were—one went up the tree, and began to shake down the walnuts—the other three began to pick them up—I got to a gate, about forty yards from them—the prisoner and another ran away—I pursued, and took the prisoner, and took him back to the walnut tree, and in his jacket pocket, which was lying under the tree, I found nine fowls—he claimed the jacket, and wore it afterwards before the Magistrate.
Cross-examined by MR. CLARKSON. Q. Were the fowls dead of alive? A. Dead—the moon was shining very brightly—I had another officer with me—he is not here—I saw the persons before they ran away—I saw them go into the rick-yard—I was not near enough to discover their faces—I saw four when I was at the rick-yard—when I went up to the prisoner he was running as hard as he could run—he was in his shirt sleeves—he is the only man that was taken—I found a hat full of nuts under the tree—I think I found four or five in his pocket—the jacket was torn all up the back—he had a hat on, but no walnuts in it.
MR. CLARKSON. Q. How do you know his name? A. I heard it from the steward.
NOT GUILTY .
2318. JOSEPH HOLMES was indicted for stealing, on the 25th of September, 99 yards of satin, value 21l. 9s.; and 105 yards of silk, value 20l. 13s.; the goods of Joseph Railton and another, his masters.
MR. BODKIN conducted the Prosecution.
DANIEL PAMPLET . I am patrol of Bishopsgate-street, I was on duty a little before eight o'clock in the morning, on Sunday, the 25th of September, near Bishopsgate-church—I saw the prisoner come into that neighbourhood, in a cab—he got out, and took a bundle out of the cab, in a silk handkerchief, and I followed him up Devonshire-street, into Devonshire-square—there he was met by a Jew, and they went to the Cutler's Arms, in Cutler-street—I waited till they came out—three men came out and went it again, and then the prisoner came out by himself, and brought the bundle with him—he went the same way as he came—I followed him, and saw him go up some steps—he came down—I went round Devonshire-street, and met him—I stopped, and asked him what he had got in the bundle—he said his old clothes—I told him I must look into it—he said, "Oh, no"—I said, "I must see"—I took him to the watch-house—I took it from him, and put it down on the beach—while I went to do
that, he pulled the spring of the door and ran off very fast—I ran after him and brought him back—I then examined the bundle, and found it contained ninety-nine yards of satin and 105 yards of silk.
JOSEPH RAILTON . I carry on business in Regent-street, and am a silkmercer—I am in partnership with Mr. Peascod. The prisoner was in my employ, for upwards of two years, as porter—we have lately missed property from the stock—here is one piece I missed myself—it has my mark on it—I have looked at them all—I found the roller belonging to these forty yards of silk, and here is some sky-satin I can identify—here is my number on one end of it, and the same number was found the same evening. his under the counter—they are all ours, I have no doubt—the value in 40l. and upwards.
Cross-examined by MR. CLARKSON. Q. Had you any reason to suspect him? A. None—I have no reason to know that he has been led away, or that there was a woman concerned, till the officer came to our house—the officer found two keys on him, which led to some inquiries—his parents an poor, but I believe very honest and respectable—our establishment is very large—property does not generally leave the shop with the private mark on it—it ought never to do so.
GUILTY . Aged 19.— Transported for Fourteen Years.
2319. JOSEPH HOLMES was again indicted for stealing, on the 24th of September, 8 yards of satin, value 2l. 4s.; 7 yards of velvet, value 4l. 12s.; 7 yards of silk, value 1l. 4s.; 106 yards of muslin, value 4l. 14s.; 40 yards of linen cloth, value 3l. 15s.; 11 yards of cambric, value 3l. 2s. 6d.; 27 yards of printed cotton, value 18s.; 15 handkerchiefs, value 2l. 18s.; 3 pairs of stockings; value 7s. 6d.; 2 scarfs, value 12s.; 3 pairs of gloves, value 7s. 6d.; 76 yards of ribbon, value 2l. 6d.; 12 reels of cotton, value 2s.; 2 yards of calico, value 1s.; 2 fans, value 3s.; 3 wooden rollers, value 6d.; 8 papers of pins, value 6s.; 35 papers of needles, value 8s. 6d.; 12 pieces of tape, value 2s.; 6d.; 432 buttons, value 7s. 6d.; and 241 yards of lace, value 5l. 14s.; the goods of Joseph Railton and another, his masters; and MARY CARNE for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MR. BODKIN conducted the Prosecution.
JOSEPH RAILTON . On the 25th of September, after Holmes was apprehended, I went to a house in Manchester-square—(On that Sunday morning) Crane came to the door—I asked I fa person named Crane lived there—she said that was her name—I went and called the officers, whom I had left round the corner, into the hall—they told her they must searched her boxes, as they suspected she had something not her own—she said, "No such thing, you shall not do it"—we told her she had better submit quietly, or we should do it whether she would or not—we went down to the room where she said she slept occasionally, and we asked which boxes belonged to her—she pointed out two, and said they were hers—we searched them, but found nothing relating to this charge—there was a third box—we asked who it belonged to—she said a fellow-servant, and she would go and fetch her down stairs—she went out—one of the officers followed her—I remained in the room—the officer returned accompanied by a female servant and the prisoner—I told the other females not to own that box unless it was really her own—at first she said it was her box—that was before I gave her the caution—she then said Crane had told her
to own it—Crane was present—the girl who came down fainted, and Crane assistant her—Crane said the box was hers about the time the girl was fainting—I then examined the third box—it was locked—we opened it with a key which Crane gave to the other girl—I did not see that—I do not know that the other girl said where she got the key from—she had given me the key before she fainted, when she came down and said it was her box—I found in that box the articles stated.
REBECCA HARVEY . In September last I was in the service of Sir Hugh Munro, in Manchester-square, as parlour maid, and am still in the service—Crane was there as Cook—on the day on which the officers came there I was up stairs—the prisoner came to me in the bed-room—she said the constables were below, for things that had been stolen, and she had a box on the table with some things in it, she did not know what they were, but she wished me to own it—I told her I could not own it, and she begged me then to unlock it for her—she had a bunch of keys in her hand—she showed me the key that would undo the box, and in coming down I missed the key—I did not know it when I came down—I did not speak to her, but she put the keys into my hand—when I got into the room I found a box on the table—it was not mine—I had not a thing in the room—it was hers—I saw her bring it there about a fortnight before—I have seen Holmes at Sir Hugh Munro's two or three times—I saw him there the day before this search took place, in the evening—I was not when he came, but he used to come to see Crane.
DANIEL PAMPLET . I accompanied the prosecutor to the house in Manchester-square—when Crane went to fetch the person down, who she said belonged to the box, I followed her—she went across the yard and up stairs—I heard her say to Harvey, "Unlock the box, and own it," or to that effect—I did not see her give her any thing, but I heard some key rattle.
JOSEPH RAILTON re-examined. These articles were found in the box, and are our property—here is foreign lace, blond lace, and some British lace, some satin and velvet, plain silk, Irish linen, silk stockings, French cambric, lace, ribbon, and worked muslins, for trimming—the value of all found in the box is 46l. at coat price—I have missed property of this description—this velvet we missed from our stock—it cost 1l. a yard.
Cross-examined by MR. DOANE. Q. Have you a private mark on these things? A. On many of them—here is one on this, and this as well—I compared this velvet with the piece it was cut from—it corresponds exactly—if it had been sold there would have been no other appearance about it—not one customer in a hundred would buy so much muslin as eighteen yards—there is a good deal of this velvet about town.
REBECCA HARVEY re-examined. Crane told me Holmes was employed at Mr. Railton's—I was only a fortnight in the house—he was in the habit of calling—I asked who he was—she told me a shopman at Mr. Railton's.
JOHN MONUMENT . I live at No. 14, Great Chesterfield-street, Marylebone—I know the two prisoners—in June last they took a room of me—they were both together—they continued to rent the room down to the time they were taken into custody—Crane slept in the room herself, and Holmes used occasionally to call and sleep with her—she was out of a situation at that time—about a fortnight before she was taken she went to Sir Hugh Munro's—I did not see her at the lodgings while she was there, but I understand she was there.
MR. RAILTON. These sheets have my mark on them.
CRANE— GUILTY.—Recommended to mercy. Transported. for Seven Years.
HOLMES— NOT GUILTY .
ELEANOR GENTLE . I am the wife of Peter Gentle, of Pitfield-street, Hoxton, an umbrella maker. The prisoner was in service—on the 29th of September I left my gown safe in a box, and it was found in her box.
RICHARD HAWKES (police-constable N 40.) I was called to the house of Mr. Chisley, in Brunswick-street, and there this gown was found in the prisoner's box—she was present—I desired her to lock it and give me the key—the box was brought to the station by Kemp, the next morning—it was opened with the prisoner's key, and this gown was in it—I asked whose it was—she said it was hers, that she bought it is Shoreditch six weeks before—Mrs. Gentle was present, and claimed it—this is it.
(The prisoner received a good character.)
GUILTY. Aged 15.—Recommended to mercy.
Confined Three Months.
(There were two other indictments against the prisoner.)
MR. BODKIN conducted the prosecution.
DANIEL STURGE . I am a coal and stone merchant, at Bridge Wharf, City-road. The prisoner was my servant for about a year and a quarter—in September I left town—when I returned, on the 30th, I told him I had had a person to watch my premises, and I discovered a great number of articles had not been entered in his account—he said, if not entered in his account, they had not gone out—he tried to escape out of the door, but I caught him by the collar—it was his duty to account to me for sums received—he has not accounted for 4l. 4s., received from Mr. Goodey, nor 2l. 16s., from Mr. Mayes, nor 4l. from Mr. Tugwell—I called his attention, on the 29th, to the account of Goodey—I gave him that name on a list, with others, to collect from—on his return he said he had seen Mr. Goodey, that he was coming in a day or two to order more coals, and would pay that account—I spoke to him about Mayes within a day or two—he said Mr. May wanted 2s. off the account—I said, as he had been so many times after it, to take it off and close the account.
Cross-examined by MR. PHILLIPS. Q. Was the prisoner your exclusive servant? A. Yes—he had a guinea a week, (with an understanding that I was to raise it every year, for seven years,) a house to live in, and coals—he has a wife and five children—I had a bond from friends as a security for any deficiencies—he had a guinea a week—when he commenced first he had 1l.
had the coals on the 22nd, and paid on the 30th—this is the receipt he gave me.
(The prisoner received a good character.)
GUILTY. Aged 34.—Recommended to mercy by the Jury. Confined Six Months.
JOHN WARDWELL (police-constable S 208.) On the night of the 11th of October, I met the prisoner on Clerkenwell-Green, at half-past ten o'clock—he said he had robbed his master of a sovereign—he came up of his own accord—I asked him where his master lived—he said in Tottenham-court road, that he had been to Saffron-hill with some girls and boys, and spent his money, and then they sent him out to sell matches—he had matches with him—in going to the station, he said the money did not belong to his master but to a lady, and it was 18s. 9d., but it was for his master's goods.
ELIZA GOULD . I am the wife of James Gould, of Tottenham-court-road, a potato-dealer and green-grocer. The prisoner was engaged with me for one day—I sent him with some vegetables to a customer in How-land-street—they came to 1s. 3d.—he brought back a sovereign—I gave him 18s. 9d. to take back to the customer, and he never returned—I went to the house to pay the change over again, after the cook had come to say that the boy had the sovereign, and not returned with the change.
Prisoner. I have been in the House of Correction so many times, I should like to be sent out of the country.
GUILTY .* Aged 16.— Transported for Seven Years.
JOHN BETTON . I live in Peel-street, Kensington, and am a porter. I heard a cry of "Stop thief," at a quarter past six o'clock on the 10th, in Watling-street—I saw a cart—I know Charles Carter by sight—I endeavoured to catch hold of the person who ran away—he ran from the cart at the time—he said "It is only a lark; let go me"—I kept hold of him—he struck me repeatedly—a cab came along, and the prisoner got away—I saw him in custody in two or three minutes afterwards—I am sure he is the same person.
HUGH LAVINGTON . I know Charles Carter—he had charge of the cart belonging to Mr. Burnett, and there was a porter with him, who is not here—the porter was driving, and the boy was sitting in the tail of the cart.
RICHARD ARCHARD JONES . I live in Watling-street. Between six and seven o'clock I heard a cry of "Stop thief"—I ran out, and saw two men in a violent scuffle, and as I came up one of them broke away from the other—I immediately followed him, crying, "Stop thief," to Old Change, and there
he was stopped by the patrol—it was the prisoner—I did not see a can of oil in the basket, till it was produced at the watch-house—the cart stood opposite No. 13, Watling-street—I did not see it taken.
Cross-examined by MR. PAYNE. Q. Did you lose sight of him? A. No, not at all—he had got round a corner, and I after him—I was close to him, and could not lay hold of him.
NOT GUILTY .
Third Jury, before Mr. Sergeant Arabin.
2324. NICHOLAS HIGGINS was indicted for stealing, on the 10th of October, 10 feet of leaden pipe, value 7s.; and 1 metal, cock, value 18d.; the goods of John Scoles Hurst, and fixed to a certain building; against the Statute, &c.
JOHN SCOLES HURST . I am a tobacco-pipe manufacturer. The house in question adjoins mine—it was inhabited, and belongs to me—on the 10th of October, at four o'clock in the afternoon, my man came, and said there was a man cutting a leaden pipe at this house, at No. 1, Garden-court, New Cross-street—I went, and waited, and saw the prisoner come out of the house—he had only a knife with him—I told the officer to take him—I had seen the pipe at one o'clock—it was all right then—I had known the prisoner for some time—he is a bricklayer's labourer—he had no business in the house.
MARTHA RUSCOE . I live in the adjoining house. I went into our wash-house, between three and four o'clock, and saw the prisoner cutting the pipe—I went in-doors and lighted the fire—I went out again, and he was drawing the pipe, towards the privy.
GUILTY . Aged 31.— Confined Three Months.
MR. JERNINGHAM conducted the Prosecution.
JOHN COLLINS . I reside at Sunbury. The prisoner was in my employ for a long time as carter—on the 6th of October I sent him with a cart of straw to Fulham—the cart left my premises about two o'clock in the morning—I followed him till it came to the Castle at Isleworth—there I saw him put down a truss of straw—I got there a little before five o'clock—I had followed him all the way, sometimes on my pony and sometimes on foot—he pursued his journey—I waited some time to see if any one came to take it—there was no one up—I then went to Brentford; after a policeman—they would not come off their beat—I came back and saw the straw in the same place, at the yard where I left it—I took off the band of it, and put it into my pocket—I then went to Hounslow, called up a constable, and took him to the place, and the straw was gone—I called the ostler, and asked him to give my horse a feed of corn—I went into the stable and saw the straw there—I said to him, "You have only got one
band to it"—I knew it directly—the bands were made with wheat-straw and rye, with a machine, not as they generally are—all the straw loaded on that cart was from my farm, and the bundles were made in a particular manner.
Cross-examined by MR. PAYNE. Q. How far were you from the cart when the truss was thrown down? A. I might be fifteen yards—the lamp gave a very good light—there was nothing to prevent his seeing me—there ought to gave been a load and a half go to the place I sent it to—this was a supernumerary truss—there was the load and a half still.
JOSEPH FITCOMBE . I am a constable. On the 6th of October I was called at five o'clock in the morning, and apprehended the prisoner and his little brother—I accompanied them to the Magistrate—I put them in the cage—the prisoner said at first that he found he had got one truss too many, and wished to take it back; but afterwards he said he had taken the truss to sell it, and his little brother knew nothing about it.
Cross-examined. Q. Where was it you took him? A. Near Brentford.
(The prisoner received a good character.)
GUILTY . Aged 28.— Confined One Year.
JAMES BASBY . I deal in coals and vegetables, and live in Marlborough Mews. The prisoner was with me ten weeks—he used frequently to receive money, and he should pay it to me the same day, as soon as he returned—he did not account to me for the receipt of 3s., on the 1st of October, from Mr. Robinson—I asked him, when he came back, if he had got the money—I had sent him 2s. to bring a five-shilling-piece back—he said that Mrs. Robinson said Mr. Robinson was out, and when he came in she would send him round to pay for the two sacks together—the prisoner took one, and was to have the money for the other one which was owing for.
GUILTY . Aged 17.— Confined Six Weeks.
2327. WILLIAM HASELL was indicted for stealing, on the 21st of September, 1 box, value 1s., 1 table-cloth, value 2s.; 1 shirt, value 1s.; 1 shawl, value 1s.; 1 petticoat, value 6d.; 2 frocks, value 6d.; 1 bet gown, value 4d.; 1 window-curtain, value 2d.; 1 napkin, value 1d. 1 night-cap, value 1d.; 1 watch, value 20s.; 1 gown, value 1s.; 48 pence, and 24 halfpence; the goods and monies of Thomas Johnson.
THOMAS JOHNSON . I keep a beer-shop in Lower Shadwell. This property was taken from my bed-room, on the first floor, on the 21st of September, between eight and nine o'clock at night—the door was only latched—the prisoner might have been in the house and I not have seen him—the policeman found him, and brought the property to me—I had never seen the prisoner before.
Prisoner. He stated at the Thames Police that he lost a watch and a five-shilling paper of halfpence. Witness. Yes; I lost a great many more things.
WILLIAM BARNES . I am a basket-maker. I was coming past Mr. Johnson's house, on the night of the 21st, and saw the prisoner come out with a bundle—I followed him to Ratcliffe-highway, there were two came
out—one made his escape, but I held the prisoner, till a number of people came round me—some wished me to let him go, others threatened me, and I did let him go, and followed him, they got into a dark court, where they put the two parcels into one—the little one carried the box—I then went on and touched the little one—the other lad the box fall, and he got off, and the prisoner turned round—I took him again, but by the persuasion of the people I let him go—I called "Police," but could get no one to help me.
THOMAS KIRKLAND . On the 21st of September I was going up the street, and met some of my play-fellows—I stopped and played with them—I saw the prisoner and another one going up Market-hill, with a bundle—the little one had the bundle—one of my play-fellows said, "I think they are thieves," and we called, "Stop thief"—Barnes stopped the prisoner, and I saw him have a 5s. paper of halfpence—they had been running and walking.
THOMAS SMITH . I am a police-constable. I was on duty at High-street, Shadwell—I was a number of people—I went up, and saw Barnes standing over the bundle and box—the prisoner had then made his escape—I heard where they came from, and went to Mr. Johnson's.
Prisoner. I was not near the man's house I do not know where he lives—it was not this officer that took me into custody, but another man.
GUILTY . Aged 19.— Transported for Seven Years.
ABRAHAM COOK . I live in Sweet-apple-court, Bishopsgate. I am ostler at the Old Catherine Wheel—there was half a barrel of herrings left in the office door, on the 30th of September—the prisoner came, and said he had come after Mr. Brock's half-barrel of herrings—I gave them to him, and he took them away—I do not know what has become of them.
Prisoner. Mr. Brock sent me after them—I had had too much to drink, and I fell down and lost the herrings.
JOHN BROCK . I am a carrier. This half-barrel of herrings was mine, I had forgotten them—the prisoner was walking beside me—I sent him back for them, and told him I would give him 4d. to get them—I told him to bring them to the White Hart, Stone's-end—I waited there an hour and a half—I then went back to the inn, and he had had them away—he appeared to me to sober—I had known him for six or seven years—he was found at Royston, about forty miles from town.
THOMAS BARRON . I am an officer. I apprehended the prisoner at Royston—I charged him with stealing the herrings—he said that a man met him, and said he had got the wrong herrings, he was to give them to him—I said, "Did you go and tell Mr. Brock?" he said, "No, that is where I was wrong."
Prisoner. There were four or five got found me, and said they would punch my great head—I lost the herrings, that is the truth.
GUILTY . Aged 30.— Confined Two Months.
run from the door, and, missing the handkerchief, I went after him, and found them on him—they had been within the door.
(The prisoner received a good character.)
GUILTY. Aged 13.—Recommended to mercy. — Confined Nine Days.
JOSEPH WORMHILL ROBINSON . I live with Mrs. Stacey, in Lower Sloane-street, Chelsea. The prisoner was in her service—on the 22nd of September, at about half-past eight o'clock in the morning, I went to breakfast, and as I returned, I heard the cry of "Stop thief," in Chelsea-market—I went up, and found it was the prisoner, taken by a man—I followed to the shop, and then asked the prisoner what he had been doing—he said, "Nothing"—I pulled his coat on one side, and there dropped out a pair of boots, which belonged to Mrs. Stacey.
SARAH STACEY . The prisoner was in my employ about two years. I saw him take a pair of boots of the horse, and run out of the shop—I was in the parlour, and he was in the shop—I laid a trap for him, because I had missed them several times—he was not aware that I was watching him—I ran out and called after him, "Stop thief"—some of the neighbours stopped him—I fell down, and hurt myself very much—these are my boots—he had access to the shop—he was a journey-man.
Cross-examined by MR. PAYNE Q. I believe he had lived with you six years? A. No, he lived with me six years ago for about two years—he left, and then came again—he is in the habit of drinking a great deal—he seemed very much agitated that morning, and appeared as if he had been under the influence of liquor, but it had not gone off—he worked in his own room.
(The prisoner received a good character.)
GUILTY. of stealing, but not as a servant. Aged 54.
Recommended to mercy.— Confined Six Months.
JAMES MURPHY . I am errand-boy to Henry White, who keeps a book stall at the corner of Blenheim Steps. I saw the prisoner there on the 18th of October—he took a book from inside the shop—he looked round, saw no one, and then put it under his coat, and walked across the road pretending to be lame—I followed him, and called, "Stop thief"—a policeman saw him—he dropped the book—I took it up, and the officer brought it to the shop—this is it—it is my master's—it was half an inch inside the shop.
Prisoner. I did not take it off the shelves, it was given me—I have had a bad leg for six years.
GUILTY .* Aged 31.— Transported for Seven Years.
GEORGE ROUTLEDGE . I live in Ryder's-court, Leicester-square, and am a bookseller. This book is mine—on the 1st of October it was taken out of my window—I do not know who by, but I saw the prisoner there two or three times in the course of the afternoon.
Prisoner. Q. What time in the afternoon did you see me? A. About four or five o'clock, and about eight o'clock.
JOHN SPENCE . I am clerk to Mr. East, a bookseller in St. Martin's-court. I had seen the prisoner with it in his hand about half an hour before this book was stolen—I went out—he put it back again, and in half an hour it was gone, and about an hour after I had information about it.
Prisoner. You said you knew me by my eyes. Witness. I say so again.
JOHN EDWARD NEEDES . I am foreman to a pawnbroker in Greek-street, Soho. On Saturday evening, the 1st of October, the prisoner brought these four books to our shop to pledge—from information I had received, I gave him into custody.
WILLIAM PHILLIPS . I am a constable. I took the prisoner—he said he was a bookseller, and the books belonged to him—that he lived at No. 23. St. John-street, Smithfield, but I cannot find that any such person over lived there.
Prisoner's Defence. These books were brought to me by a man to pledge—I have sent for that man, and he has absconded.
GUILTY . Aged 31.
PETER MUDIE . I am partner with Christopher Mudie, of St. Martin's-court. I lost a book on the 28th of September—it was safe at half-past four o'clock in the afternoon—I went out, and returned about five o'clock, and it was then gone—I know nothing of the prisoner—this is our book.
GUILTY . Aged 31.— Transported for Seven Years.
OLD COURT.—Friday, October 28th, 1836.
Third Jury, before Mr. Sergeant Arabin.
WILLIAM WHEATLEY . I am a wholesale druggist, in partnership with Francis Henry Joseph Langton, and live in Laurence Pountney-lane. The prisoner has been our assistant since the 15th of June—we have a traveller, who takes samples of opium out to show customers, and when he returns he brings them back with him.
CHARLES ANDERSON . I am assistant to Mr. Humphries, a chemist and druggist, in Great Tower-street. The prisoner came to me last Saturday night at half-past eight o'clock, and brought some opium, which he offered to sell—I told him Mr. Mellin (who formerly kept the shop) was out, and he would return in half an hour, if he would leave it—he returned in half an hour, but I would not give him the opium, suspecting something—Mr. Mellin was the cause of his being taken into custody.
Tower-street—I came home at half-past eight o'clock, and Anderson showed me some opium, which he said the prisoner had left with him for sale—I had been apprized that opium had been lost from another house—I went to inform them of it, and met an officer—I told him the circumstance, and returned in a few minutes—Thompson was waiting there—I had not been in the shop many minutes when the prisoner came in—I went into the shop with the opium in my hand, and asked him to stop—he did so, and the officer took him in charge.
SAMUEL SUTTON . I am the prosecutor's warehouseman. I have looked at the samples of opium—it is custom of the travellers to have samples—we have such samples as these—the opium is the same at the travellers brought home—it is the same article—I can say it was given to the prisoner to put away into the stock—I believe it is my employer's property—I have looked at it before—they are three different samples, and are worth about 12s. it is my duty to look to the samples—these are samples which the traveller had taken and brought back.
Prisoner. Q. When did the samples go out? A. I cannot say the day—it was the second journey into the midland counties—the prisoner does not deal in opium—he was in the habit of putting opium up daily.
JURY. Q. Do you believe the opium to be your employer's from the quality of it, or the writing? A. From the quality of the drug, and the writing on the paper.
Prisoner's Defence. I never took it from the prosecutor's bulk—I never saw it until it was produced at the Mansion-house—I never saw it opened till it was opened in the shop.
GUILTY. Aged.—Recommended of mercy.— Confined Three Months.
2335. SAMUEL ANDREWS was indicted for stealing, on the 5th of August, 1 flower-pot, value 1d.; 2 gowns, value 4s.; 1 shift, value 9d.; 1 petticoat, value 1s.; 2 pairs of stocking, value 1s.; and 1 towel, value 3d.; the goods of John Cresswell.
MARY CRESSWELL . I live with John Cresswell, who is a porter in Mortimer-market. This property was in a drawer, in the first-floor front room—on Monday, the 22nd of August, I had been out to work—somebody got in at the window, which was left a little way up—a ladder was takes out of a stable just by—the property was afterwards found under a cart in the market, and a lad was sitting by the shafts of the cart—I lost a flowerpot at the same time, which stood out of the window—they broke that.
JOHN GODDARD . I am a butcher, and work in Mortimer-market. On Monday, the 22nd of August, between seven and eight o'clock, I saw a ladder up at the prosecutrix's window—it had been taken out of our slaughter-house—I saw the prisoner go up the ladder, and take down a flower-pot—he went up again, and got in at the window—I was sent away for a light, and did not see him again—I have frequently seen him in the market before—there were a great many other boys about.
and found the bundle of property under a cart, about eight o'clock in the evening, another boy was with it.
Prisoner's Defence. I was playing with a lot more boys—I did not see the ladder at all.
GUILTY . Aged 15.— Confined Six Months.
Before Mr. Justice Gaselee.
MARGARET DOUGLAS . I live in Bishopsgate poor-house The prisoner Frances Douglas is my daughter—she is twenty-two years old—she is single—some months ago she was in the family way—she lived with the prisoner Hall for a week or two prior to this accident happening—he is the father of her infant, I expect—they lived at No. 2. Sweet-apple-court, Bishopsgate-street—I saw her there on the 10th of October, between ten and eleven o'clock when was sent for, and found her in bed—Hall was there, but no one else—he said he had had a very bad night of it, and said it was all over, he had done it himself—he said she had had a fine child—he did not say at what time she had it—I asked him where it was—he said he had put it into a pan, he did not know whether he had done right, but he was so frightened he had put it down the privy—I said, "Oh, you should not have done that"—he said she would to very well, and he would take all the care he could of her, and would make her his wife—I heard nothing about the child being alive or dead—I asked my daughter but she said she was so bad, she knew nothing about it—I did not ask Hall whether the child was born alive—I do not recollect that I asked him—my daughter said she was in such a state of mind she was scarcely in her senses, and she could not tell—I do not recollect any thing more—I left the room, and went home—my daughter was in a very wretched but state—she appeared collected at the time I spoke to her—I cannot tell at what time she was delivered.
Cross-examined by MR. CLARKSON. Q. Hall has always been very kind and good to your daughter, has he not? A. I never heard any thing to the contrary—they were very wretchedly poor beyond description.
COURT (handing the witness her deposition.) Q. Is that what you put your name to? A. Yes; I wrote that before the Coroner and Jury—it was read over—all I recollect is, asking Hall if he had called any body up—he said, no; he had done it himself, he had called nobody up—I had been sent for by Hall to come to my daughter.
MARY ATKINS . I am the wife of Daniel Atkins, and live at No. 2, Sweet-apple-court. Hall lodged in the house between four and five months—the female prisoner came occasionally to see him—I had no knowledge of her sleeping there—his room was above mine, four story high—on Monday, the 10th of October, he knocked at my door about ten o'clock in the morning—I did not let him in—I went to his lodging, and knocked at the door—he told me to walk in, and informed me his wife had had a miscarriage—I asked him what he had done with it—he told me he put all the mess down the privy—the mother informed me, in the afternoon, that it was alive when it came forth—nothing more passed between me and Hall—I left the room, and have not seen him since till to-day—the female prisoner had the appearance of being in the family way before this—Hall has two sons—I do not know their ages—they lodge at the house too—I understand
he is a widower—I was not disturbed in any way on Sunday night—the privy is in the cellar.
Cross-examined. Q. What part of the house did you occupy? A. The second floor—the woman never communicated a word to me about this—I never questioned her—I have had seven children myself—I never knew a child cry before it was entirely from the mother.
COURT. Q. It will sometimes cry, and very soon die? A. I never witnessed any thing to that effect, and will not say.
MR. CLARKSON. Q. Were they not in a very wretched state of misery and poverty? A. I found them so when I went up to the room.
JANE CONNELL , I am the wife of William Connell, and live in Sweet-apple-court, Bishopsgate-street. I know the two prisoner—for the last three weeks the female lodged with Hall—she was very large in the family way—I never asked her how long she had to go—I never used to have any conversation with her, except sometimes bidding her the time of the day—she was confined at four o'clock on the Monday morning—she told me so her self—I was desired to go up at the time Mr. Hall was taken, and to take care of her till the officers came back again—this was on the Monday night—when I sat down I said, "Dear me, my good woman, what is this yes. have done?"—she said, "Mrs. Connell, it was my first child, and I was very foolish; I did not think there was any sin in it"—she said she hoped there would be nothing done to Mr. Hall for it, for she did not think there was the least sin in it—I asked her, was the child born alive? and she said, "Yes" I asked her, did she hear it cry? and she said, "Yes, it did not cry very loud"—I said, "No, they do not cry very loud, poor little things, till they are extricted out of their misery"—I asked her if she was aware where he was going to put the child—she said, "Yes"—I said, "Did you know he was going to put it down the privy?" and she said, "Yes"—that was all that passed that night—next morning I went there, at half past in o'clock, with a basin of gruel for her—she seemed in a great passion with me, and asked me, was I talking to her mother?—I said, no; I did not know her—she said her mother was up stairs with her, and blowing her up, because somebody told her, she said the baby was alive—I said, no I was not talking to her mother at all—she said somebody had been telling her that she had told the baby was alive, and the old lady told her she should deny that the baby was alive until the last moment, as Hall and she would get more than punishment—she hoped those who she told the baby was alive would say nothing about it—I told her I would say nothing about it, without I was asked the question, and then I should speak nothing but the truth.
Cross-examined. Q. You have been examined before on this subject? A. Yes, I told the same story before the Coroner as I have to-day—it was read over to me—I put my mark to it—I said that I asked the female prisoner if she was aware he was going to put it into the privy, and that she said, "Yes"—that I swear—I told the Coroner that she was in a great passion, and that persons had been talking to her mother, and that the old lady had told her to deny it to the last—I remember all that, and its being read over to me before I put my mark to it—every word I have said now I can be on my oath I said there, and every word was read over to me.
COURT. Q. Did she say how long it was after the child was born that he took it away from her? A. Between three and four minutes.
GEORGE SCHOLEY . I live in Dunning's-alley, Bishopsgate. I went with Hardy, the officer, on Monday afternoon, the 10th of October, to No. 2. Sweet-apple-court—I looked into the privy, but could not see the child—it
was found there—I brought it up myself, and took it to the workhouse—all that was there, was carried to the workhouse in my pail.
WILLIAM SHARP . I am ostler at the One Swan, Bishopsgate, and live in Half Moor-street. I went with her officer to this house, at a little after twelve o'clock on Monday—I found Hall and his two sons there—I heard the woman's voice, but did not see her—she was in bed—the officer said he came concerning the child—Hall said he knew all about it, for the child had not gone its time—he said he put it in, he was innocent enough of it—he did not say any more.
Cross-examined. Q. Was there a sort of screen or division to separate one part of the room from the other? A. Yes—they appeared in great wretchedness—he answered every question I put to him, and was ready to go as soon as he could find a pair of shoes to put on to go in—the two little boys were in the room at the time.
ROBERT DICK . I am inspector of the nightly watch of St. Botolph, Bishopsgate. I went to Hall's about half-past twelve o'clock on Monday night or Tuesday morning—I found him in the room—I asked if his name was Robert Hall—he said, "Yes"—I asked him if a female had been delivered of a child—he said, "Yes"—I asked him what had been done with it—he said he had put it away—I told him I apprehended him on the charge of putting away this child—I believe I said for concealing the birth of it—he seemed surprised—he said, turning to the female, "The officers are here, they are come for me"—the female was in bed in out cornet of the room—I told him he had better put his shoes on, and come with me, and he was conveyed to the watch-house, before the Lord Mayor, and to Giltspur-street—on our way to the Compter, I asked him what induced him to do it—he said well, he believed the child was dead when he took it down—in fact, he said, he had put another child away—I did not tell him it would be better for him to say any thing—I asked if the child was alive, he said he believed it was dead.
Cross-examined. Q. Had you not asked him in the room when the child was brought forth? and did not he tell you he believed about four o'clock?—A. Yes—he said he saw no appearance of life in the child—he begged, when we took him, that every care might be taken of the woman, and he was told there should be—the room was a miserable, wretched, poverty-stricken hole—the woman had only a pallet in one corner—no bedstead, and scarely any clothing, and, I should any, nothing to eat or drink—I think there might be a chair, but it was as much as there was—the window frames were filled up with paper, and they were altogether in the most abject state of misery.
THOMAS PORTER . I am a surgeon, and live in Bishopsgate-street—I have been in practice twenty years. On the 10th of October, about half-past one o'clock in the afternoon, I went to No. 2, Sweet-apple-court, and examined the female prisoner—she was in bed—I found her to have been recently delivered—I inquired what had become of the infant—she informed, me it had been out away—I then asked her if it was alive, and she told me it was—I desired her to be cautious, and asked her how she knew it was alive—she said she had heard it cry—I made no further inquiry respecting the child, but attended to the state of her health—she appeared in a state of great wretchedness—I saw the body of the child the next day at the workhouse—its appearance was that of a child at the full time—it was plump and well formed, with hair on its head, and its nails perfect—the naval string was not shrunk—it was not secured—it had not been divided—the cord remained united to the after-birth—no ligature had been
put upon it—it all came together—I examined the lungs—they appeared of fill the cavity of the chest—they appeared to have been extended and inflated with air, and were of a bright red appearance—that indicates that the lungs must have been in contact with oxygen or atmospheric air, and that blood must have circulated, that the child must have been alive—a child may cease to respire without any violence offered to it—I have known a child die very soon after birth, although come to full maturity.
Q. When a woman has no assistance, may it not happen a child may be suffocated and smothered in the mess in which it is born with? A. I conceive it may very easily happen, without any intention of the kind—it does not necessarily follow that because it comes to full birth and is perfect, and is heard to cry, that it must have died of violence—I conceive it is possible a child may cry when first put forth, and still be dead before delivery is complete—children very frequently cry as soon as the head is protruded—it takes two or three pains generally before the delivery is complete, and it might be suffocated before those pains are over—my opinion is the child died from suffocation, but whether at the birth or from the soil I cannot say—it might be either. (Here the witness detailed several circumstances under which the child might be heard to cry, yet not be completely born alive, and other circumstances under which it might die immediately after its birth.)
Cross-examined. Q. If it should turn out that this was the first, child of the woman, all these circumstances would become more probable from her ignorance? A. Much more probable—I considered her a woman of very dull mind, not possessing much information—I think it very probable death might have arisen from suffocation in the way suggested—I think is very likely the discharge might produce death, she being without assistance, in the state of mind and body in which she was—for some hours after, women are generally in a very great state of exhaustion and helplessness—many of them are incapable of moving at all, being in a very exhausted state, especially of body, and if the mind be dull, it would he more likely to incapacitate it then if it was acute—I never saw two persons in a more wretched state, and I have seen a great deal of misery in London—I did not see a pan there—I beg to state there were no external marks of violence on the child.
ROBERT HALL JUN , I am the prisoner's son, and am fourteen years old. I slept at home on Sunday night, in the same bed with the two prisoners and my younger brother—the prisoner got up in the night two or three times to use the pan—after she had used it the last time my father took it down stairs almost directly—I did not hear any child cry—there was a rush-light in the room.
Cross-examined. Q. Do you know Mrs. Collins? A. Yes, she lives in the same court as we do—at twelve o'clock at night my father sent my little brother for Mrs. Collins to come to the woman—he brought back word that Mrs. Collins was very ill, and could not get up—the pan was not very large—we only had that one room—that pan road a wooden bowl were there for our convenience—my father was always very good and kind to me—he is a shoe-maker when he has any work.
DOUGLAS— GUILTY of concealing the birth. Aged 22. Judgment Respited.
HALL— NOT GUILTY .
Before Mr. Justice Vaughan.
2337. WILLIAM BUTLER and JOHN BUTLER were indicted for a robbery on Robert Clare, on the 17th of October, putting him in fear, and taking from his person, and against his will, 3 shillings, his monies.
The prosecutor did not appear, and the other witnesses not having seen any robbery committed, the prisoner was.
Before Mr. Baron Bolland.
JOHN VAUGHAN . I am a drayman. On the 20th of October I was in Chiswell-street, with my dray, going towards Barbican—I saw Peter Smith driving a donkey, with two hampers, his son being on the donkey—the father was behind the donkey, driving it with a whip with a lash to it—I saw him whip the donkey once or twice to make it go on—he went between my dray and the path, and overtook a potato-cart—he went on the off side of it—the prisoner's cart came out of Bunhill-row, going towards Finsbury-square—it was a rubbish-cart, drawn by two horses, one before the other—the prisoner was in the cart—he had not any reins in his hand—whether he had any on the horses I cannot tell—he was on his proper side—the off-shaft of his cart his the panniers attached to the ass, as he turned the corner—it immediately threw the ass on one side, and threw the child under the off-wheel of the potato-cart—the ass struggled not rolled about a bit—the street was not crowded—our dray was a considerable distance off—there were only those two things—I saw the off-wheel of the potato-cart pass over the child's head—it was thrown exactly under the wheel—the wheel went immediately over him—it was not the fault of the potato-cart—I should not consider the prisoner could see the boy coming, for he was not aware the donkey was going to push by the loaded cart—if the man had stopped the ass, it would not have happened, and if the prisoner had been on the ground with his horses, he could have seen the boy, and prevented the accident—I went up to the boy—he was dead immediately.
Prisoner. Q. I believe you are the person that said it was no fault of mine? A. No; I saw you driving on, and bid you stop, but you did not, and I sent the policeman after you.
EDWARD HOLNESS (police-constable, G 34.) I was in Chiswell-street, and heard the father of the deceased cry out, "You have killed my child, stop, you villain, you have killed my child!"—the prisoner had then stopped his cart—I ran in between the two carts—the potato-cart was going on—the prisoner was down on the ground then—I ran to pick the child up—there was three of us stooping together—the father, the prisoner, and myself—the father got hold of the child—I then went and stopped the potato-cart—it had got about a yard off—the prisoner's cart was light—not loaded—I saw nothing of the accident.
Prisoner. Q. When you came after me, I stopped immediately? A. Yes; he drove his cart on after I stopped the potato-cart, and had got about twelve yards from the place when the brewer's servants told me to stop him—I did so, and he came back—he said he was willing to go any where—he said he was innocent, and eight or ten people came up and said the prisoner's cart never touched the boy—he said he certainly was driving his horses without reins.
PETER SMITH . This unfortunate lad was my son, his name was Peter Smith—I was in Chiswell-street with my donkey and two hampers, and my little boy on it, between the two panniers—he would have been five
years old the 30th of this month—I was walking my donkey very sharply along, at about five miles an hour—I had a whip—my donkey was passing a potato-cart, facing Bunhill-row, and passing it—another cart came out of Bunhill-row—I did not push my donkey on at all—it had got as far as the shafts of the potato-cart, right facing the Bunhill-row turning—my donkey was then going to pass the potato-cart—I saw a horse coming out of Bunhill-row as I was behind my donkey—it met against the donkey's head, and turned her sharp round—the shaft of the potato cart caught her—no one spoke to the donkey—he backed the donkey clean round, and my boy fell under the wheel of the potato-cart—the leading horse came against my donkey's head—I did not see how the cart was driven—whether the man was in it or on the ground—there was no fault in the potato-cart—the boy was thrown completely under the wheel—I ran to pick up my boy, and the wheel caught my foot first before it went over my child—it went over his head, and immediately killed him—I picked him up myself, and went on the pavement with him as well as I could crawl—I hallooed out, "Go and stop that cart"—he had got a long way before any one stopped him—the prisoner never called to his horses, at all, to stop them, that I could hear—if he had only spoken to his horses, I think my boy would have been saved—I should think if he had been on the ground he could have prevented it.
MR. WILLIAM BROACKES . I am a surgeon. I was called in to examine the body of the child—I found the head very extensively lacerated, with fracture of the skull—it exhibited such appearances as would he shows after a cart wheel had gone over it—I have not the slightest doubt that that caused his death.
JOHN READ . I am a drayman. I was with Vaughan, driving the dray—I saw the donkey pass me, following the potato-cart; and as it was passing it, the prisoner's cart came out of Bunhill-row, came in contact with the hampers, threw the donkey on one side, and threw the little child under the wheel, which went over it immediately—the prisoner was going very slow—not at the rate of two miles an hour, I should say—he was standing in his cart—I think he was putting something to rights in the cart, but what it was I do not know—I do not know that he was so engaged at the time the accident happened, but he was, the minute before—if he had been on the ground, attending to his horses, most likely he could have prevented the accident.
Prisoner's Defence. I was driving the cart, and got up to shift the board—instead of stopping the horses while I did it, I let them go on to save time—I was going as gently as I could—there is no blame whatever to me, I assure you—I was going about two miles an hour, and not more.
NOT GUILTY .
Before Mr. Justice Gaselee.
ROBERT ROSE . I live in Bryanston Cottage—I am servant to William Warburton and Co.—they are owners of the "London Conveyance Company" omnibuses. On Saturday, the 15th of October, about a quarter or ten minutes before six o'clock in the evening, I got on the box of Mr. Morgan's omnibus, by the side of the driver, Old Bailey, while he pulled up to have the skipper put on the wheel—I continued on till we got to Compton-street,
when Mr. Sanderson's bus pulled up all on a sudden, in front of Morgan's omnibus—it was dark and foggy, but as far as I can guess, it was twelve or fifteen yards from us—they were going nearly between five and six miles an hour, as far as I can guess—when Sanderson's omnibus stopped, he pulled up his horses very sharp, and Morgan pulled up his omnibus too as sharp as he possibly could; in consequence of which, the horses came on their haunches, and the pavement was so greasy the driver could not stop them—the pole of Morgan's omnibus struck the deceased, Richard Cooper, on the back or near the left side—he is reported to be the son of Mr. Sanderson—he had got on the step of father's omnibus—the prisoner was driving Morgan's omnibus—I got off the omnibus to assist in taking the boy into a doctor's shop—Sanderson's conductor had got him in his arms—when I hot to the doctor's shop he was dead—he died in one or two minutes—the prisoner followed the boy into the doctor's shop, and was taken into custody—I first saw the deceased near King-street, Holborn—the omnibuses were not racing—there was room for a carriage to pass on either side when they stopped, but they were more on the off than the near side—we did not stop between the Old Bailey and Compton-street—I do not know what caused Sanderson's omnibus to stop, whether it was a wagon or a brewer's dray.
JOHN TOW . I am conductor of Sanderson's omnibus, The boy got on the steps of my omnibus at Great Turnstile—I told him to get down two or three times—he would not; and we went on to opposite Compton-street, where the accident happened, and I had forgot all about the boy being on the step at the time—there was a wagon or dray coming out of Compton-street,—it came before us, which caused our omnibus to stop immediately—I gave a signal with my hand to the coachman behind—it being so dark and foggy at the time, it was not possible the coachman could see me give him the signal, before the pole of the omnibus behind struck the boy on the back—I was going five or six miles an hour—when the pole struck the boy, I heard the pannel of my omnibus smash—I was standing with my face to my own omnibus, but turning round, the other omnibus was within twelve or fifteen yards behind us, as near as I can guess—I was on the monkeyboard at that time, which is my place on the omnibus—I took the boy into the doctor's shop—the other omnibus did not attempt to pass ours between the Old Bailey and Compton-street—we passed it in the Old Bailey, while they were taking up a passenger.
Cross-examined by MR. PHILLIPS. Q. Was there any attempt at racing in any way between the omnibuses? A. none whatever.
COURT. Q. Could the prisoner have avoided this mischief by any course he could have taken? A. If he had been aware that we had been stopping so suddenly, he might—the night being dark and foggy, he was not aware of it—I was not aware of being obliged to stop so suddenly.
RALPH MIDDLETON . I am a piano-forte maker. On the day in question I was inside the second omnibus—I got in in Newgate-street, and went on to Oxford-market—I should think we went from six to seven miles an hour—it was a darkish evening—it was about twenty-five minutes to six o'clock when I got in—I was sitting in front of the omnibus, looking towards the horses' heads—I saw the first bus stop suddenly behind a cart or wagon—I could not see which—the moment I saw it stop. I found the horses of the bus I was in, thrown directly on their hind quarters, by the coachman checking them—I saw the collar considerably up the horses' necks, instead of being on the shoulders—I saw the conductor of the first omnibus
get down, and take the boy in his arms into the doctor's shop—at the time of the accident, my impression is, our omnibus was from four to five yards behind the other—I was looking through the window—I cannot say whether the other omnibus backed at all—it stopped suddenly—there was another carriage coming down from St. Giles's church, which was the cause, I believe, of the man being obliged to pull up behind the cart, and it passed behind our omnibus just at the time the accident happened.
Cross-examined. Q. Did the omnibus the prisoner was driving attempt to past the other at all? A. Not at all.
JAMES HOLSTON . I am a policeman. I was coming along Holborn, towards St. Giles's Church—I heard a crash, and immediately hastened to the spot—when I got there the conductor had boy in his arms—a gentleman said the boy was killed—the coachman was getting down from his omnibus—I said, "You must go along with me"—he said, "Very well," and seemed almost frantic—he followed me into the doctor's shop and the boy breathed his last as he got in—I cannot say at what rate the omnibuses were going.
NOT GUILTY .
Before Mr. Justice Vaughan.
2340. WILLIAM HARRIS was indicted for feloniously forging, on the 17th of September, at St. Marylebone, a certain order for the payment of £8 8s., with intent to defraud Thomas Benjamin Way,—2nd COUNT, for uttering the same with like intent,—Other Counts, varying the manner of laying the charge.
THOMAS BENJAMIN WAY . I am a butcher, and live in Wigmore-street, Marylebone. I knew the prisoner, as being porter to Mr. Freeman, the wax-chandler—on Saturday, the 17th of September, he came to my shop produced a cheque to me for £8 8s., and said Mr. Freeman would be obliged by my cashing the cheque—I remarked that is was not Mr. Freeman's hand-writing—he replied without hesitation that it was his son's—I was not acquainted with the son's writing—I knew Mr. Freeman had a son—I cashed it—I gave the prisoner eight sovereigns and 8s—this is the cheque—I paid it away—the same evening to the trade, of the name of Randall.
EDWARD FREEMAN . I am a wax-chandler, and live in Wigmore—street. This cheque is not my writing, nor my son's nor was it written by any body by my authority—the prisoner had lived in my service for three years as errand-boy—he left me ten months before this occurrence—he never wrote cheques for me—he had been in the habit of seeing my cheques so as to know my writing—I have given him cheques to pay bills—this cheque is drawn, "Pay to house"—that was the way I used to draw for house expenses—it is drawn on Herries and Farquhar, who are my bankers.
RICHARD HOSKINS . I am a policeman. I apprehended the prisoner on the 18th of September, at No. 30, Gloster-street, Lambeth—I took him to the station-house, and found a silver watch on him, to duplicates, and 14s. 10d.—I received some spoiled cheques from another constable—I did not find them in the prisoner's possession—I went to Mr. Way the same day—the policeman is not here who gave me the spoiled cheques—the prisoner was put back into a room while a charge was taken against another man who was suspected, and the cheques were found in the fire-place in the room, but not by me—there was nobody in the room but the prisoner and the constable—the prisoner was not asked any questions about them.
prisoner's hand-writhing—I believe it to be his—the name of "Freeman," and "Pay house, "
GUILTY. of uttering only. Aged 17.— Transported for Life.
Fourth Jury, before Mr. Recorder.
2341. THOMAS DILLINGHAM was indicted for stealing, on the 7th of September, at St. Giles-in-the-Fields, 1 purse, value 1s.; 5 sovereigns, 2 half-sovereigns, 4 half-crowns, 15 shillings, and 8 sixpences; the goods and monies of Joseph Hurley, in the dwelling-house of Thomas Edwards and another.
JOSEPH HURLEY . I live at Woburn, in Bedfordshire. On Wednesday, the 7th of September, I went to the George and Blue Boar, Holborn—I had a purse in my possession when I went to bed that night—it contained five or six sovereigns, and about 30s., in half-crowns, shilling, and sixpence—in the morning, when I felt in my trowsers pocket, I missed my purse and money—I did not lock my room door—nobody else slept there
Cross-examined by MR. DOANE. Q. You arrived there rather late that right, I believe? A. About half-past eleven o'clock, with some friends—I had been dining out, and drank rather freely—I did not ring the bell for the boot-jack, for I had no boots on—my friend came into my room after I had retired, but as soon as he saw me into the room he retired, and the chamber-maid afterwards came and took away the candle—I threw my trowsers on the chair in the usual way—they were there when the chambermaid came into the room—my purse was in my trowsers pocket—I am quite sure of that—I had seen my money about an hour before I went into the room, at Mrs. Shorter's, my sister's, in Millbank-street—I did not take my purse out after leaving there, till I got to my own room—I recollect that perfectly—I could have walked home—I was not so far gone as all that—I had rather too much wine.
HANNAH PEARSON . I am chamber-maid at the George and Blue Boar On the night of the 7th of September, Mr. Hurley came to the house—he was a little the worse for liquor—I showed him up stairs—I went and fetched the light, and observed his trowsers down on the ground by the side of the bed, not on a chair—I picked them up, and a purse fell from the trowsers with money in it on both sides—I replaced it in the pocked again, and replaced the trowsers on a chair, where I had before put his cost and waistcoat—I had assisted the prosecutor in taking off his coat and waistcoat before I left the room the first time—I saw the purse again on the 29th of September, in the policeman's hands.
Cross-examined. Q. Was the prosecutor so intoxicated as not to be able to undress himself? A. Yes—I only helped him off with his coat and waistcoat—I went into the room again to fetch the candle—we never allow gentleman to go to bed and leave them with the candle—a friend of his went up with me when I took the boot-jack up—the prisoner was not there to take it up, so I went up—no servant went into the bed-room besides myself—I felt there was money at both ends of the purse.
JOHN M' GILL (police-constable C 29.) I searched the prisoner's box, in a room at the George and Blue Boar, on the 29th, of September, and found a purse with twelve sovereigns in it, and two duplicates—I opened the box with a key which I found in the prisoner's possession—I was shown to the room by the head porter.
Cross-examined. Q. Do you swear to the pure merely from its general appearance, or have you any mark on it? A. I swear to its general appearance—I have not a doubt of it—it is a common purse.
THOMAS EDWARDS . I am the proprietor of the George and Blue Boar. It is in the parish of St. Giles—I have one partner—I live myself at the Golden Cross—the prisoner's box was searched by an officer on the following day, when prisoner was apprehended on another robbery, but the purse was found at that time.
RICHARD GARDINER . I am a policeman. I opened the prisoner's box a morning or two after this transaction—I did not then perceive the purse in it—the prisoner went with me and opened the box—I suppose the purse must have got into the box afterwards—I searched the prisoner himself—I found nothing but a few halfpence on him.
MR. DOANE, on the prisoner's behalf, stated that he had saved the money up in service; that the purse was his own, and had been in his possession for the last eighteen months.
GUILTY . Aged 19.— Transported for Life.
There was another indictment against the prisoner.
2342. SEWARD COOKSLEY was indicted for breaking and entering the dwelling of William Silton, on the 12th of October, and stealing therein 1 coat, value 2l.; 1 handkerchief, value 6d.; and 1 hat, value 4s.; the goods of David Shelden.
DAVID SHELDEN . I am clerk to an attorney, and live in Ogle-street, Marylebone. I rent the front room second floor—James Thompson lodged in the same room, and left on Wednesday, the 12th of October,—The prisoner lodged with me some time ago—he had left his place, and had not engaged a lodging, and I let him lodge with me without paying any things—on the 12th of October I let my room and padlocked my door—when I went home in the evening I found the padlock wrenched off and the door open—I missed a hat and coat of Thompson's—I had seen the coat in the portmanteau in the morning—I gave information at the police-office, and is consequence in the what I heard, I placed myself in Titchfield-street, to watch for the prisoner—I waited there till he came up the street—he had Thompson's coat on his back—he asked me what I was waiting for—I said I was waiting for the coat he had on—he said I should have it if I would allow him to go a little way to exchange it; he had left his own over the way at a friend's—I had before that found it there, and taken it home—he went with me to my room—he pulled off Thompson's coat, and the policeman came and took him—the hat was found over at his friend's in Titchfield-street—a silk handkerchief was pulled out of the coat pocket, belonging to Thompson—he said he had been playing at skittles on Wednesday, and got drunk, and they took his coat and hat from him, that he came and took these while he was tipsy, and he hoped we did not think he meant a make away with the property—I missed the coat at half-past six o'clock in the evening, and the prisoner was taken at half-past nine o'clock next morning—I got the prisoner's coat next morning, and took it to my
premises, with Thompson's hat—it had not been left at my place, but at a friend of the prisoner's in Titchfield-street—the prisoner had no access to my premises—he must have broken the padlock of the door off—I am not the proprietor of the whole house, only the room—I pay rent, but no taxes—it is separate from the rest of the building.
JURY. Q. Did the prisoner run away when you met him in Titchfield-street? A. No—he seemed very much agitated—he did not go with me to his friend's house—I had heard that his friend had been out with him the overnight, and went there to get information of him, and found the coat.
COURT. Q. Then it was not on the information of the prisoner that you went? A. No—the box was locked, and was broken open.
JANE ODWELL . I am a window, and live in the next room to Shelden. On Wednesday evening, the 12th of October, about five o'clock, I heard a noise—I went out of my room and saw the prisoner at Shelden's door—I asked him if he got the key—he said, "No"—he was forcing the door open—he said he had left his coat and hat at the public-house, and he wanted 6d. of our landlord, William Silton—he had no coat nor hat on—I went down to the landlord, and he came up with me—I did not see the prisoner go into the room.
WILLIAM SILTON . I am the landlord of the house. On the 12th of October, about five o'clock in the afternoon, I was fetched up stairs by Odwell—I found the prisoner in Shelden's room—he appeared drunk—I asked what business he had there—he said he was a lodger of Shelden's, and was going to bed—I called him a drunken beast, or something—he was without his coat and hat—he came down stairs with a hat on, went out, returned in a few minutes, and came down again with a hat and coat on.
Prisoner's Defence. I did not mean to make away with the things; I was coming back as fast as I could; I was in liquor at the time, or I should not have done it. When I came; back, I apologized to the young man for my misconduct. I was not twenty yards from the house when he saw me.
DAVID SHELDEN re-examined. He was three streets from my house when I stopped him—I have known him since the beginning of the summer—I believed him to be honest—he was not coming towards my house—I found his story true about the hat and coat—the people are not here who had them—he had given them up at a public-house, in consequence of losing 6d. at skittles, and said he would bring 6d. and fetch them—I should be very sorry to say he intended to make away with them—I certainly think it was with a view to steal, because he was not very drunk.
NOT GUILTY .
2343. MARY ANN HODGSON was indicted for feloniously breaking and entering the dwelling-house of Griffith Edwards, on the 19th October, and stealing therein, 1 gown, value 12s.; 9 yards of printed cotton, value 10s.; 4 yards of calico, value 1s.; 1 handkerchief, value 1s. 6d.; and 192 farthings; his property.
ANN EDWARDS . I am the wife of Griffith Edwards a dealer in toys, and live in Featherstone-court, St. Luke's. I have known the prisoner thirteen or fourteen months—she lodged in the same house—I and my husband occupy a room on the ground floor—on Saturday, the 15th of October, we left to go to Farningham fair, and came home last Friday—I found my door fastened with a piece of chain—I had left it locked—I
missed a gown-piece, a gown, four yards of calico, a silk handkerchief, and a bag of farthings, worth about 2l. altogether—I have since seen the calico, silk handkerchief, gown-piece, and gown—I think my door had been opened by a key—I left it locked—my husband locked it in my presence—nobody could enter unless they opened my room door.
JOHN GRIFFITHS . I am a comb maker, and live in the front room of this house. The prisoner occupied the attic, with one Mosely—on the 19th of October my wife said something to me—I opened the room door, but could see nobody—I looked out of the window, and saw nobody—she then said, "Don't you hear a footstep in Edward's room? "—I went does immediately, pushed my hand against the door, and found it was open—I remained there and called for assistance, the prisoner came out of the room—she came up stairs and said to my wife, "For God's sake don't say any thing"—my wife said, "You went there to rob"—she said, "No, I went to got out of the way of Mosely; you know how ill he uses me, "
THOMAS EDWARDS . I am a shoe-maker, and live in Featherstone-court The prosecutor is my brother—I went into the room and found the prisoner standing on the stairs—she said to me, "Edwards, do you think I meant to rob your brother?"—I said, "I don't know"—I went into the room, opened his box, and saw the things very much tumbled up, and my brother's clothes laid ready to be taken out—the prisoner said she would go and fetch Mosely, and see all about that, and went away—I got a chain and staple, and nailed the door up—I did not miss the things, not knowing what property they had.
WILLIAM PARRINGTON . I am assistant to Mr. Pige, a pawnbroker, in Swan-street, Church-street, Bethnal-green. I have gown, gown-piece, some calico, and a silk handkerchief, which were pawned on the 18th of October, but not by the prisoner.
(Property produced and sworn to.)
Prisoner. I did it in distress.
GUILTY . Aged 32.— Confined One Year.
JAMES KNIGHT . I am in the employment of Mr. Major, of Snowhill. I received three half-crowns and a sixpence from Mrs. Major, for my master—I had it in my hand at Mrs. Davis's beer-shop—the prisoner was there, doing a job—I was looking at the money in my hand, and he took it from my hand, and asked me what it was for—I thought he was going home with me, and it would be all the same as if I had it, but he did not do so—he was a servant of Mr. Major's.
Prisoner. Q. You put it into my hand, I put it in my pocket, and you said, "That is right, it will be safer there than in my own," A. He took it out of my hand while I was counting it, and asked what it was for—I told him it was for a bill.
JOHN MAJOR . I am a brass-founder and gas-fitter in Snow-hill, The prisoner was in my employ as gas-fitter—I never authorized him to take any money from Knight—I sent him to do a job at Davis's—he never paid
me this money—he absconded with my tools and money, and I never saw him again till he was apprehended—he had been drinking, but was able to work—he was only four days with me.
Prisoner's Defence. I admit receiving the half-crowns, but not with intent to defraud him—I told the lad I would give it him directly—I went to the public-house to drink something, and was under the influence of drink—I went into Long-lane, and had a glass of rum with a friend, and staid with him all day.
GUILTY .* Aged 29.— Transported for Seven Years.
(There was another indictment against the prisoner.)
MR. BODKIN conducted the prosecution.
JOSEPH CHANCE . I was a horsekeeper in the service of Thomas Souter, a brickmaker, in Ball's Pond—he has also a wharf at the basin in the City-road—the prisoner was his carter. On the morning of the 14th, about six o'clock, he came to me for some hay and straw, and said he was to take it to his master's, at Wenlock Wharf—I always gave him hay and straw—he also asked me to let him have some oats—I gave some in a small sack—I did not measure them—there was a bushel, or it might be two bushels—the sack was not full—I was accustomed to give him oats—the sack was dirty, and tied round with a string—it had no mark outside it—he put that in the cart, and said he was going to take it to the wharf for his master's horse for the night—that was the reason I let him have it.
Cross-examined by MR. PAYNE. Q. Have you never given a different account of the quantity of oats? A. No—I never gave the particular quantity—I did not say it was from three to four bushels—I said I did not know how many—I was in the loft when I gave it to him.
WILLIAM FEATHERSTONE . I am a groom in Mr. Souter's service, On Friday, the 14th the prisoner brought some hay and straw from Ball's Pond, about twenty minutes to eight o'clock in the morning—he brought no oats, nor any sack—I had not desired him to get oats—I desired him to get hay and straw—we did not have oats from Ball's pond at any time—I ordered some next day at the corn-chandler's.
Cross-examined. Q. How far is Ball's Pond from where you were? A. I cannot say the distance exactly—I had given the horse their breakfast before he started with them, at seven o'clock in the morning—he had been there before—he had a one-horse cart—I do not know whether that horse had breakfasted.
MR. BODKIN. Q. Would a horse eat two bushels of oats for breakfast? A. No.
SAMUEL SOUTER . I am the prosecutor's brother, I was out on Friday morning, the 14th about o'clock, passing down Atfield-street, St. Luke's and on a waste piece of ground, by Cherry's house, I saw the prosecutor's cart, with a truss of hay, and another truss of hay and two trusses of straw on the ground—at the same time I saw Cherry taking a sake of something from the cart into his own premises—the prisoner was there—Cherry was taking it from him—I could not judge what the sack contained—it appeared to me be quite full, and to he a good-sized sack—I did not notice whether it was clean or dirty—Atfield-street is a mile or a mile and a quarter out of his way to the City-road.
Cross-examined. Q. How long had he been in the prosecutor's employed? A. Ten or eleven years.
WILLIAM MILLICHAP (police-constable N 6.) I took the prisoner into custody—I did not tell him what for—Mr. Souter's clerk asked him what he was taken into custody for—the prisoner said, Oh, he had done nothing but take a sack of potatoes, or something of that sort—he was asked where he took the sack of potatoes—he said he took them up at the Wheat Sheaf, at Islington—Mr. Souter afterwards told him he was taken for stealing some corn—he said, "I have taken no corn; I only took a sack of potatoes—them I took from the Wheat Sheaf, and was to receive 4d. for it from Cherry"—Mr. Souter told him he had information that a sack of oats was taken from his granary, and he charged him with taking them—he said he knew nothing of it.
Cross-examined. Q. Were you at home all the morning? A. Yes—I have one or two persons in my employment—I got up at half-past five. o'clock that morning—I was in the house all the time—nothing was brought in or taken out.
NOT GUILTY .
RICHARD WINGROVE , I live at Camden Town. On Wednesday, the 5th of October, I was at work at the top of No, 4, Molesworth-place, Kentish Town—I saw the prisoner and another boy drive the ducks into the carcase of a house, and put them into a bag, at the back of Jeffries-street—they were afterwards claimed by the prosecutors—two woman were standing at the corner of the street, who, I think, had something to so with it.
THOMAS LOCK . I am a policeman. I was on duty in Kentish Town about twenty minutes after eleven o'clock in the morning, and the prisoner was given into custody, charged by Gillingham with stealing five ducks, which he had in a small bag—I took him to the station-house—he said a man employed him to drive the ducks into an empty house, and promised to give him a penny—I found a halfpenny on him.
Prisoner's Defence. A man told me to drive them into the house, and said he would give me a penny.
NEW COURT.—Friday, October 28th, 1836.
Third Jury, before Mr. Common Sergeant.
2347. JAMES BURTON was indicted for stealing, on the 6th of October, 1 watch, value 4l. 10s.; 1 key, value 1d.; 2 watch-keys, value 2d.; and 1 watch-ribbon, value 1s.; the goods of Joseph Jackson; to which he pleaded
GUILTY. Aged 17.—Recommended to mercy .— Confined One Months.
GUILTY. Aged 47.—Recommended to mercy.— Confined Six Months; Four Weeks Solitary.
GUILTY . Aged 40. Confined Six Months; Four Weeks Solitary.
JOHN YOUNG MUDIE The prisoner came to my son's shop on the 29th of September—he is in partnership with his brother, Peter Mudie—when the prisoner left the shop, some circumstance occurred which induced me to run out after him—I stopped him, and brought him back—I said I had long suspected him, and I was positive he had a book of my son's in his pocket—he said he had no such thing, he took the book out of his pocket, and endeavoured to throw it into the street, but I got hold of it—this is it—it is my son's book, and his partner's—he did not throw it down—I caught hold of it just as he was going to throw it away.
Cross-examined by MR. CLARKSON. Q. What is the value of that book? A. It was published at 4s. 6d., we value it at 1s. 6d., that is the costprice—we had known the prisoner about twelve months—I did not know any thing of his connexions till after I had him in custody—he had brought back two books that day, which he had had on show—he had left a deposit of half-a-guinea on them—he returned the two books—he put them on the table—I did not look at them—there was nobody in the shop but myself—he came to return them—I did not give him back the half-guinea—I do not know what they were—they were most unquestionably more valuable books than that I have in my hand.
Q. Have you ever been in any difficulty yourself? A. I purchased some books that had been improperly got, some years ago—I was charged with having them—I have been in custody, charged with having stolen goods, but Sir Peter Laurie said I had no business to be there—I was charged with receiving stolen goods to the extent of about 4l. or 5l.—I do not know how much more—there never was any valuation put on them that I know of—my son, who is coming up next, was tried, and sentenced to six months in the House of Correction—I told the prisoner I suspected him, and he denied it—I do not know whether he has had the half-guinea—my concern and my son's are totally distinct—I relieved my son while he went home to tea—it is a shop, not a dwelling-house, in Princes-street.
and told me the prisoner had put the in his pocket, and gone down the street—he asked what I wished to do with him—I gave him in charge.
Cross-examined. Q. Did you charge him before the Magistrate with having taken two books, value 3s. 6d.? A. No; they were found at him lodgings—that, I believe, is the subject of a second indictment—when I came to my house there was a policeman there—I do not know who fetched him, but I believe my father had—the policeman was there, and the prisoner.
MR. CLARKSON to JOHN YOUNG MUDIE. Q. Did you fetch the policeman? A. No; he was in the shop when I returned from my son's—I left an opposite neighbour, of the name of Benjamin, in the shop.
MR. CLARKSON to CHRISTOPHER MUDIE. Q. Have you been charged with any offence? A. Yes; about twelve months ago, and and I was as innocent as you are—I think that was owing to your giving up my brief at the moment you ought to have defended me—my brother gave the prisoners the half-sovereign in the station-house.
NOT GUILTY .
WILLIAM HOLMES . I have known the prisoner five or six years—he is in the habit of coming to my shop—I have not sold him any books within the last three months—I missed twelve printed books, and a great number more—these twelve are mine—these had not been sold to any one.
Cross-examined by MR. PHILLIPS. Q. How long have you been a book seller? A. Twenty-six years—I have not been all that time in London—I travel in the country—I go to Lincoln sometimes, and live with my mother there—I have always lived with her when I have been there, and never in any other house—I have never lived in any other place when I have travelled there, but I rented a house there myself—I have been in service there—I have always lived in my own house, or my mother's or my master's, at Lincoln—I was once taken, and slept in jail, but a thing may slip one's memory—that slipped my memory—it was so trifling—I was in jail about a fortnight, till I could procure a sum of money—I was sent there for deserting my wife—I was in jail in town for publishing seditious libels—the first was a letter to Lord Castlereagh, published by Griffiths, in Holborn—I went to jail for six months for that—the second was a letter to the Reformers of England, published by Carlile—I staid in jail two years for that—I think there is no other time—I will swear I have never been in any other jail, or on any other charges than those you have mentioned—nor taken up for any thing else—I am not one of Mr. Carlile's disciples—I believe the Scriptures, and read them in jail the first time I was there—I got into jail again for selling in Mr. Carlile's shop—I always said it was my wife's fault that I got into jail the first time—the Magistrates were kind enough not to commit me, but not gave me time to raise the money—they sent me to Lincoln jail—I did pay the money, because I was too poor—I know perfectly well my wife could procure nutriment from my friends at Lincoln—I swear this man never bought a book within the last three months—no French book—nor a book of French phrases.
Prisoner. I left him the money till I showed it to the party, and then I came back and paid him for it. Witness. He never had it—he has had dealings to a great extent with me at various times.
Prisoner. I can produce the party who had it. Witness. He never did, I swear that positively.
MR. PHILLIPS. Q. You did not see him perhaps during the last three months? A. Yes, I have seen him sometimes two or three times a day—I have bought books of him, a very few—I had but very few of these books (looking at some)—I so not know many of these there are in London—all Dove's edition are thrown on the trade—here is the 3s. on this in my own hand-writing, and a little cross at the corner—Dove's edition of Miss Burney's Sicilian are generally sold for that in boards—I have sold some of them—I have a boy—his name is Percy Holmes—he is my son, but not by my wife—he is eleven years old—he is not here—when I am absent, the business devolves on him—there is one else attends to my business now—the first month or six weeks I was there, another boy named Fitch was in the shop—I went there on the 13th of July—he was about fourteen—he sold also when I was absent—I have mentioned all the persons that ever served in my shop—I occupy the house—I do not live in lodgings—no female serves in the shop when I and the boy are absent, nor ever did—I have another shop—the house I live in and rent is in Holywell-street—the other shop is in Princes-street—a man of the name of Benbow lived in Cursitor street—the boy I have named serves there, and a female at Holywell-street, who lives there—her name is Fanny Eastwood—I have been acquainted with her for seven or eight years—she sleeps on the second floor—there are not two rooms on a floor—I sleeps on the second floor—memorandum-books are sold in the shop in princess-street, but no indecent publications—there are not more than one or two engravings there—in the Holywell-street shop there are some engravings, decent ones, such as may be shown in any window with perfect safety to the morals of the community—that I swear—I dare say the "Adventures of an Irish Smock" has been sold—I do not know whether I have it for sale—there may be books in that shop that I do not know of—I know a book called "Fanny Hill"—I believe there is a copy of it in the shop—I have seen a more indecent publication than that, it is a book called "Frisky Songs"—I bought a copy of that from the prisoner for 1s., to sell again—I cannot mention a more indecent book, and that I sold, but it was not in the shop—it was in my pocket, and not in the shop—I have sold about two or three dozen copies of "Fanny hill"—the one I sell is not the most indecent book next to the one I mentioned—I sold the "Frisky Songs" because I did not with to keep it—I bought it to sell to another bookseller—I know a book called the "Female Husband"—it is not an immoral book—it is a woman who personated a man, and married several woman—a narrative of what she did is given in it—I should call it her amours—I do not think they are indecent—I do not consider that or the "Fanny Hill" I sell, are indecent works—I sell "Aristotle's Masterpiece"—that is considered a medical book—I never considered it indecent—it treats of the differences of the sexes, and of the operations in the womb—I think it does not treat of the operation of getting children—I have read it—I do not think it more indecent than any other medical book—I sell a work called "The Poet"—I think there are some in the shop—I think it is not an indecent book—it treats of the amours of a Frenchman and woman—there is a frontispiece to the "Female Husband"—it is a male and female in bed, covered up, and person entering the room.
COURT. Q. Is your son here? A. No, nor Fitch—when I return, they
tell me what they have sold, and these were never reported as having been sold.
NOT GUILTY .
GEORGE HEATON . I live at No.10, New Inn-passage, Clare-market I have known the prisoner for the last eight years—I have dealt with him in books occasionally for the last two years—I have lost a good many books, and these seventeen I am quite positive are mine—I did not sell any of them to any body—I lost these, I should think, within the last four months—the value of them is 15s., altogether—they are my property.
Cross-examined by MR. PHILLIPS. Q. When did you put this "G. H." in them? A. That I put in at the station-house—they desired me to do that, that I might know them again when I came here—there three are some of the books in the indictment—I never sold any of these, to my knowledge—I had an account of books I have sold the the prisoner—chiefly odd volumes—this paper is not my hand-writing—I sold him no books of these kind—my wife is in the shop—she is not capable of selling to him—she sells to the public—when I am away, she sells in the shop—I have a son-in-law and a son—I have got a son of five years old, and a son-in-law sixteen years—he has lived with me off and on—he sold for me—he is not here, nor my wife—I have only one shop.
COURT. Q. Do you keep books? A. Yes, I have got an accountbook, but not here—we generally sell from memory—we keep no account of what we sell in the shop—I have got an account against the prisoner but none for these books.
Cross-examined. Q. How do you know it was his lodgings? He told me so himself—he stated the number of the house, and the court in which it was situated—I found it correct.
NOT GUILTY .
CHRISTOPHER MUDIE . I lost these two books within the last two months, previous to the apprehension of the prisoner, that is, within the last three months—I am quite positive I never sold them—my brother, my father, and myself serve in the shop—there is a mark on this one.
Cross-examined by MR. PHILLIPS. Q. What is your name? A. Christopher Mudie. I had know the prisoner, I should think, about three months, not more than four months—I never sold him any thing in my life—my father is here, my brother is not—live at No, 15, St. Martin's-court—I lived in the same house as my father—I have never bought books of the prisoner—my father may have done so—I rather think I have heard him mention transactions with the prisoner—you were employed in a case against me, Mr. Ridgeway's case—I was unfortunate in that, as I consider I was innocent—I was not aware that the person who sold me the books had stolen them—I was not six months in jail after trial—I got out last June—my brother carried on the business while I was in prison—he is not here—here is a volume of a series of works, but the volume is perfect—the value of
this is 2s. 6d.—I had nothing to do with the indictment, the policeman managed that—I keep books, they are not here—these are common books—I had only this one copy in boards—I am not aware that my father has been in jail—his name is John Young Mudie—I do not think he ever was taken up—I was not in court when Mr. Clarkson was examining my father—I did not hear father swearing against this young man—I was outside—I and my father have been living together for the last three years—I believe there was a charge made against my father, but it but it was at Guildhall—he was not taken into custody nor detained at all—I believe he went is a witness against some person that robbed Mr. Coleman—he was charged before Sir Peter Laurie with receiving books, knowing them to be stolen—that was not within the last twelve months—the thing I am speaking of was five or six years ago—a person of the name of Solly was tried with me—my brother Peter carries on business with me—my brother sells when I am out—I keep books, and enter what I sell.
Cross-examined. Q. Who attends the shop when you are absent? A. I have no shop—I sell in the shop when my son in about—there is a boy employed occasionally, but not a regular boy—he sells when I am absent—this name is Abraham, I think, but I am not sure—he has attended the shop for an hour or two in a day for several months—I saw him yesterday—he called at our other shop in St. Martin's-court—I attend in the other shop—one of my sons or my wife attends when I am absent—I have four sons—two live in the house—Peter dose not attend in Princes-street—I was at the Mansion-house about four years ago, for purchasing some novels—I was kept there two hours—I went home, afterwards—that was after Kit was taken up—I went him, but no one took me to the police-office when he went—no charge was made against me, but that once—no doubt Kit was much distressed, and my family too, when I was taken—I was in the Compter all night, and taken to the Mansion-house in the morning.
NOT GUILTY .
HENRY GOSBELL . I live in High-Holborn. The prisoner used to come to char occasionally—about the 6th of September a sovereign was missed, and I gave her in charge—her lodgings were searched—these are my handkerchiefs—I found this at the pawnbroker's, and found the duplicate in her drawer.
Cross-examined by MR. DOANE; Q. Was she present at the lodgings? A. No, she was at the police-office—I called at her lodgings once, but did not see her there—the initials have been erased from the only handkerchief which was marked—one of them is not hemmed—here are the remains of the mark—I could not swear to the mark so much as to the handkerchief—I have brought one to compare with it.
COURT. Q. Will you swear to either of them being yours? A. No, I will not.
CHARLES WALTER . I am servant to a pawnbroker, and live in Theobald's-road. These handkerchiefs were pledged, but I cannot tell who by—the duplicate is in my writing, but I write sometimes for my master—I cannot swear who brought them.
NOT GUILTY .
Cross-examined by MR. DOANE. Q. Will you swear you have seen this within the last six months? A. Yes; I should say within the last three months—I will not swear to any precise time—there was a mark put on two of them by myself at the time I purchased them—there is my own private mark in pencil at the commencement of each of them—I have two apprentices who serve in the shop—I cannot say that have not sold them.
Cross-examined. Q. You found the duplicate? A. Yes—she gave me the key of her lodgings—I saw her about seven o'clock—I believe it is a lodging-house.
(The prisoner received a good character.)
GUILTY. Aged 53.—Recommended to mercy.— Confined Three Months.
GEORGE LAWRENCE . I am a corn-dealer. The prisoner was my stable-keeper for about two years—I had him apprehended on the 28th of September—these articles are mine—the loin of leather goes over the horse is wet weather—I cannot swear when I last saw it.
Cross-examined by MR. PHILLIPS. Q. How do you know them? A. When I had it, the buckles broke—they were not fastened to the harness.
JOHN GREENWOOD . I have known the prisoner two years and half—he came to me on the 10th of March, 1835, in Little Pulteney-street, with these reins in his hands, and asked if they were any use to me—I took them from him in the street—about eight months previous to his being taken he came again to my shop, with the leather in his hand, and asked if it was any use to me I said, "No"—he said it was throwing about the stable, and of no use—there was 5s. standing between us, and he said, "We will talk about that another day"—he put the leather down, and went away
Cross-examined, Q. What are you? A. A green-grocer. I was coming along Little Pultney-street—he came out of William and Mary-yard with them in his hand—I took them up to the office—they were taken from me—his brother came to me first for the leather—the inspector came to my house—I had the leather in the shop—the reins were in my stable—he asked how I came by the leather—I told the inspector and Mr. Lawrence, outside the office, that I had the reins—I got the loins of leather about eight months previous to his being taken, and about ten months after I got the reins—I never used either of them—he did not mention any sum for the leather—I believe he is deaf—I have asked him for a debt
that he owed me since, but never asked for the 5s.—I never said any thing about it till the officer came.
(The prisoner received a good character.)
GUILTY. Aged 29.—Recommended to mercy — Confined Three Months.
JOHN DENCH . I carry milk about, and live in Gun-street, Osborneplace, Whitechapel. On the 10th of October, at half-past four o'clock, I had one coat, a waistcoat, and a pair of trowsers there—I left them in my room, lying on my table—these are mine.
GEORGE RIVERS . I live in Chicksand-street, opposite Mr. Dench's. About half-past four o'clock on the 10th of October, I saw the prisoner take these things out of the window—he is the man—I know him again—I told my master of it.
Prisoner. When I was coming out, I heard a cry of "Stop thief," and saw a person running; I asked what was the matter; he said a man had stolen some things out of a window; and while I stood talking to him a gentleman came up and laid hold of me, I was hot near the place, and never saw the clothes.
COURT to GEORGE RIVERS, Q. Did, you see the prisoner? A. Yes—he got out the window with the clothes.
GUILTY .* Aged 22.— Transported for Seven Years.
JOHN THOMAS . I am in the service of Thomas Grout, of Church-street, St. Giles. About half-past two o'clock on Sunday morning I heard a noise in the yard—I went into the passage, and met the prisoner in the passage-way with a bundle, and umbrella over it to conceal it—he quite obstructed the passage—asked who was there—he said, "A friend"—not being able to get past him, I put my hand up, and felt the bundle—I said, "What have you got here?"—" Nothing, "said he—I took the bundle from him, and took it into the parlour, and it proved to be a blanket and a rug—he then begged forgiveness—I went for a policeman, and he was taken to the station-house a sheet was taken from round his body, and another he gave out of his hat himself—all this is the property of Thomas Grout—they were left in my care—I do not know how be got in—the door was open
Cross-examined by MR. PAYNE. Q. What are you? A. I am in the service of Thomas Grout—he is a lodging-house keeper—if we know it, we do not let lodgings to woman, unless they pass for married—I receive the rents of these rooms—we never let for a less time than a week, except to single men for a night—Mr. Grout lives at Camden Town—he has two houses in
that neighbourhood—he was not there that night, his nephew was—he had no conversation with the prisoner about a girl, that I know of—I live in this house to take money and look after the place—there are no woman of the town lodging there, to my knowledge—the lower order of Irish chiefly live there—I do not know that the prisoner was indicted to go there by a woman of the town, and that she robbed him of half-a-crown—he did not tell me so this was taken from the one-pair back room, No, 11—a young man and woman occupy it—Mr. Grout's name is marked full on all the things.
Cross-examined. Q. Was there any discussion about your taking this man? A. No—there was a sheet in the prisoner's hat, which he produced himself, and one I took off his body—he said he had given half-a-crown to a young woman to got something to drink, and she did not return, and be took the things off the bed—I know these places as lodging-houses for the lower class of people, but there are no woman of loose character, to my knowledge.
(The prisoner received a good character.)
GUILTY . Aged 29.— Confined Six Months; Two Weeks Solitary.
EDWARD KING WEST . I am an established labourer in Saint Katharine's Dock, in the tea warehouse, letter C. On the 10th of October I was on the fourth floor—I saw the prisoner on the floor, and, believe that he had no business there, I watched him, and saw him go round some chests that were lying on the floor, for people to examine—I saw him sit down, take off his hat, and put tea into a yellow silk handkerchief in his hat, three several times—I waited till he returned to the staircase, and then rushed out from where I had concealed myself, and seized him—we struggled—I called for assistance, and the prisoner with his left hand, took his hat of, and scattered the tea on the floor—I was thrown against a pile of goods but I never lost hold of him till the arrival of the superintendent, into whose hands I gave him—it is a customary things for people who are entitled to it, to take a little tea for a sample, but they must have an order—he was not entitled to do it without an order.
Cross-examined by MR. BODKIN. Q. Is it in any way beneficial to detect a person? A. Not to my knowledge, otherwise than that the blame might be laid on the right person—I am not paid any thing, to my knowledge—I have appeared as a witness before, but not here—5s. was gives to me, not seeing the man, but merely as a mark for my good conduct—people who examine these teas throw them about very much, but at that time they were not for show, only prepared—people do not throw handfuls on the floor—I have seen gentleman examine them—they take the tea out, but they do not drop it on the floor—the floor is swept, to take up the tea.
JOHN FERGUSON . On the 10th of October I saw the prisoner go down one of the alleys formed by the tea-chests, and after a lapse of time come out from there, and on turning the corners of the alleys he was seized by West—a struggle ensued—I went forwards and assisted him in the struggle—his
hat was thrown off, and I observed nine ounces of ten scattered about the floor, worth about 8d.
(The prisoner received a good character.)
GUILTY., Aged 24.—Recommended to mercy ,— Confined Three Months.
CHARLES JESSE . I am shopman to Messrs. George Drake Sewell and Cross, of Old Compton-street, I was in the shop on the 20th of October—I saw the prisoner enter the lobby, and take from the brass rod this printed cotton—she put it under her apron and walked away—I followed and overtook her near the corner of Frith-street—I took it from her, and she was given in charge.
Prisoner. I took it from distress.
GUILTY . Aged 46.— Confined Three Months.
WILLIAM SMITH . I live in High-Holborn, and am a hosier. I had a pair of trowsers hanging at my door in the evening of the 8th of October—I received information from a gentleman—I ran out, and found the trowsers under the prisoner's jacket—I overtook him about three or four doors off—he asked forgiveness, and confessed having stolen them from necessity—these are the trowsers.
Prisoner. These were lying on the ground at some distance from his door—my toe hit against them—I picked them up, and them to a lamp and looked at them, not knowing what I had got—the gentleman name and took me with them, Witness. They were hanging up—I had see them a quarter of an hour before.
GUILTY .* Aged 19.— Confined Nine Months; Four Weeks Solitary.
MATTHEW MORAN . My wife is in the infirmary, ill—I lodge in a room in Horris-street, The prisoner lodged in the lower part of it—I saw my wife put two half-crowns and two shillings into a bit of rag, and put them into a box which was not locked—in the mean time the prisoner came up stairs, and asked if she would let her make a fire, and do what she wanted, as she had had no victuals for two days—my wife said she might, and she would give her a breakfast, and get to wash a few things for her—she went to the box to get out two caps to wash, and while she did that she took the money—I did not see her, but she acknowledged that she took the money at that time—I left her in the room, and my wife was ill in bed.
ELIZA PACKMAN . I live in Horris-street, I met the prisoner at the top of the street—she told me she had two half-crowns and two shillings given to her by a man in the street, and asked me to go and drink with her; and when we came out of the public-house I went with her to buy a shawl and what she wanted—I drank some gin—we had a quartern between the two—she bought a gown, a shawl, and some other things.
GUILTY . Aged 16.— Transported for Seven Years.
JOHN PAMMENT . I live in Henrietta-mews, Brunswick-square, and am coachman to Mr. William Samuel Jones. On the 11th of October I opened the stable door, and saw the prisoner go from the carriage with a coat under his arm—I instantly ran after him into Regent-square, which is about one hundred yards off—he saw me within twenty yards of him, and dropped it—I took him and brought him back—this is the coat.
Prisoner. I throw myself on the mercy of the Court—I saw the coat hanging on the coach-box, and I had not had any thing for a day and a half.
GUILTY . Aged 17.— Confined Six Days.
Fifth Jury, before Mr. Sergeant Arabin.
2364. JOHN MARTIN was indicted for stealing, on the 7th of October, 3 gowns, value 12s.; 9 yards of printed cotton, value 12s.; 6 caps, value 10s.; 3 petticoats, value 6s.; 3 bed-gowns, value 8s.; 4 aprons value 7s.; 2 bonnets, value 30s.; 2 pairs of stockings, value 4s.; 1 handkerchief, value 1s.; 1 box, value 2l.; 1 pair of stays, value 18s.; 1 pair of drawe's, value 4s.; 50 needles, value 5d.; and 4 balls of cotton, value 4d.; the goods of Richard Keys.
ELIZABETH KEYS . I lodge with Mrs. Jones, of Margaret-street, Hackneyfields. I left my lodgings about the 7th of October—I packed up as articles in a bundle, and left to seek another lodging—about the middle of the day I met the prisoner at the Turk's Head, Hackney-road—I told him I had left my lodgings, and that I wished to go back—he said, no doubt I could, as he knew the landlady well, as he had been a tradesman in the same street for tea years, and he would take my bundle—I trusted it in his hands, and he went on—I followed—I had a little business to detain me on the road, and he got out of sight—I got back to Mrs. Jones's about half and hour after I left him, and Mrs. and Mrs. Jones told me something—in consequence of that, I went to the Oak public-house—I found the prisoner there, and told him to give me my bundle—he told me not to bother him about it, me knew nothing about it—he had taken off his hat and put on a hairy cap but I knew him well—I am certain he is the man.
Prisoner. Q. Did I take the bundle from you at the Turk's Head? A. You did, I will be upon my oath it was the Nag's Head—I was there when you took the bundle to go to Margaret-street to take to my lodging—you said you would take it.
MARY JUNES , Elizabeth Keys lodged with me, and left on the 7th of October—the prisoner brought a bundle to my house—I knew him before—he lived in a street a little distance off—he asked if a big woman was there, who lodged with me—I said, "No"—he said he had got her bundle that be got it from the Nag's Head, in Hackney-road, and he was to have a pint of beer and 1s. for delivering it—I asked if he would leave it—he said be would not, and took it away.
ELIZABETH HOBBS . I live with my mother. The prisoner lodged there some nights—he brought a bundle to the house the same Friday might—he said, if any body called for it, they were to have it, and he should not be at home all night—the officer then came and took it.
JURY. Q. How far is it from Mr. Jones's? A. In the next street.
JOHN BEDFORD . I am a police inspector. I was on duty when the prisoner was brought in—he denied all knowledge of the property—he then said he had given it to a man for 1s. 2d.—I searched his lodgings, and found the bundle where Elibabeth Hobbs lives, but there were five or six articles deficient, which have been found since.
ELIZABETH WOODCOCK . The prisoner came into our house, and had a bundle—he said, "Take this to Mrs. Boston, and bring me back the handkerchief"—I took it there—Mrs. Boston untied it, and gave me the handkerchief.
MARY ANN BOSTON . I live in Margaret-street. Elizabeth Woodcock brought me a bundle, which contained a cotton dress and some silk for bonnets—I let it lay in the chair till next Tuesday, when Mrs. Jones told me there were some things missing—I gave them to her—I know the prisoner—I was to take care of the bundle till I saw his wife.
ELIZA KEYS re-examined. All these things were packed in a sheet, and tied up—I have lost a new lace cap, a new bed-grown, and a new white apron—I will take my oath that when I delivered the bundle to him there were these things in it.
Prisoner's Defence. I was a little in liquor—I stopped at the Nag's Head—I called for a pint of porter—I saw the prosecutrix, and asked her to drink with me—we had three pints together—in the course of the conversation, she told me she had left her husband at Hammersmith, on account of his cohabiting with another woman, and said she would go and destroy herself—I told her not to do any thing of the kind—I asked where she lodged the night before—I said I knew the place, it was Mrs. Jones's—she said she had left there that morning, to go to Hammersmith—she said, did I know a lodging that would do for us? and if I would draw out an agreement and live together as man and wife, she would work as hard as I did—I said I could not do any thing of the kind—we had a pint of beer, and I started with the bundle—I said I would carry it back—I took it to Mrs. Jones's, and told her the woman said she would destroy herself, and I had got a bundle of hers—she refused to take it in—I was going away, and she called me back—I would not go—I then took it to the Oak, in Margaret-street, and this gown-piece and the other things fell out—I got them up, and took the bundle to my lodgings, and left word with the girl to give it to any person who called for it—I went back to the house, and the person said I had dropped something—I then sent the little girl to Boston, and told her to take care of it, intending to put them together.
MARY JONES re-examined. Q. Did he tell you that she intended to make away with herself? A. Yes, when he would not leave the bundle—he did not tell me where he was going—he went into the Oak public-house.
ELIZABETH KEYS . My husband is in the country—I deny telling the prisoner so altogether—I am not on good terms with my husband—I have not seen the prisoner since, and did not tell him so—I went to get lodgings for that night—I tried several places, but could not,
NOT GUILTY .
October, to Whitechapel—I saw the prisoner, and watched him, and saw him take the pair of half-boots from Mr. Ferguson's shop—he walked away—I followed and took him about thirty yards off—he immediately dropped the boots, and said, "I did not take them, the boy gave me them, "
Cross-examined by MR. PAYNE. Q. Had he got into Essex-street? A. He had not—he was at the corner, standing, and just putting the boots into a handkerchief—there had been two more boys with him, but no one was on the spot then—I am quite sure he is the person—I followed him immediately—I was on the opposite side of the street—it was nine o'clock at night.
Cross-examined. Q. What did you do? A. I crossed over directly—there was the light of the shop and the lamps—there were no carriages passing.
Cross-examined. Q. Are they old boots? A. Yes.
(Mr. Ferrell, a cabinet-marker, gave the prisoner a good character.)
GUILTY . Aged 16.*— Transported for Seven Years.
2366. JOHN WILLIAMS was indicted for stealing, on the 10th of October, 47 brushes, value 3l.; 4 pairs of shears, value 1s.; 2 razors, value 2s. 6d.; and 1 razor-strop, value 6d.; the goods of James Badcock.
ALLAN CAMERON (police-constable N 91.) I saw the prisoner, between tow and three o'clock in the morning of the 6th of October, crossing the City-road, in the direction of the Eagle, with something—I ran and stopped him, and asked what he had got—he said, some brushes which he had brought from Hull; that he had arrived late by the steam-boat, and had stopped to take refreshment—I found on him forty-seven brushes, four pairs of shears, two razors, and a strop—he was about half a mile from the prosecutor's.
JAMES BADCOCK . I am a brush-maker. These are my property—I lost them from my shop on the 6th of October, between eight o'clock at night and seven o'clock the next morning—when I entered, I found some person had been there—the shop had not been locked—it is in a yard, surrounded by a well twenty feet high—I go in by the gates, which were locked fast—the person who got in scaled the wall, by means of a house on the other side—I was acquainted with the prisoner and his friends—he had frequently been at my house—I had missed these things before I saw the officer.
GUILTY . Aged 20.— Transported for Seven Years.
HENRY DAIRD EGGLETON . I keep a public-house in Leader-street Chelsea. The prisoner had been my pot-boy for four or five months—it was his duty to give me every day what he received—during the last three weeks he was to account to me every evening, and and it was entered in a book—it was entered on a slate during the day—the prisoner has entered 14s. 6d. to Oakham's account, up to the 10th of October—he went away there night, and did not return, which led me to suspect him—I never received this 9s. or this 4s. on Oakham's account.
Cross-examined by MR. DOANE. Q. Had it not happened once before that he got drunk, and did no come to your service? A. Yes, and I said I would dismiss him if he did so again—I went round to the customers on the 11th—there were some arrears going on between him and me—he was paying me 5s. a week.
NOT GUILTY .
ELIZABETH WARREN . I am the wife of Robert Warren—we live in Gower-walk. the prisoner's father lodged with us—I did not know the prisoner used to come there, or to sleep there, till after she was apprehended—she then owned she was there—I lost pair of boots, a pair of stockings, and a table-cloths.
CHARLES JOHN HEWITT OLIVER . I am a policeman. I apprehended the prisoner, and partly searched her—I did not find any duplicate on her, and suggested the property of having her searched by some female—she then took eleven duplicates from the sleeve of her right arm—there is one duplicate for a pair of boots, another for a pair of stockings and a table-cloth—she said she knew nothing for circumstances.
JOHN EVANS . I am a pawnbroker. I produce a pair of stockings and a table-cloth—I cannot swear by whom they were pawned—I know the prisoner by her pawning—these are the counter duplicates which were found on her.
(The prisoner received a good character.)
GUILTY. Aged 16.—Recommended to mercy by the Prosecutrix.
THOMAS ROSE . I am a policeman. The prisoner's mother gave him in charge, on the 13th of October, in the Liverpool-road, Islington, for robbing the lodgings—she saw him in the road, and charged him with it.
HANNAH MASON . I am the prisoner's mother. I left him in the room with his brother—he says his brother put him up to do this—I could not charge him with it—I told the policeman to catch him for me, and bring him home—he said he could not do that; he must take him to the station-house—he
had no breakfast that morning, as his father had punished him so.
GUILTY. Aged 13.—Recommended to mercy by the Prosecutor.
Transported for Seven Years.
2370. PATRICK FREWIN was indicted for stealing, on the 20th of October, at St. Marylebone, 1 bag, value 1d.; I crown, 17 half-crowns, 46 shillings, 37 sixpences, I fourpenny-piece, and 1 halfpenny; the goods and monies of Elijah Butler, in his dwelling-house.
STEPHEN CHITTENDEN . I live with my father-in-law, Elijah Butler—his dwelling-house is in Nottingham-street, Marylebone. On the 20th of October, at a quarter before eight o'clock, I caught the prisoner on the floor, behind the counter, with the till open—he had got the bag of silver and saw me, he dropped the bag on the ground—he begged forgiveness—I sent for an officer, and had him taken—I never saw him before.
DANIEL NORGIN . I am a policeman. I was called, and took the prisoner into custody, and have the bag—it contained one crown-piece, seventeen half-crowns, forty-six shilling, thirty-seven sixpences, and a fourpenny-piece.
GUILTY . Aged 15.— Transported for Life.
OLD COURT.—Saturday, October 29th, 1836.
Second Jury, before Mr. Common Sergeant.
GUILTY .— Confined Six Days.
Before Mr. Justice Gaselee.
2372. CHARLES WILLIAMS was indicted for feloniously forging an order for the payment of 63l., with intent to defraud Sir William Esdaile and others—2nd COUNT, for uttering the same with a like intent.
MESSRS. BODKIN and DOANE conducted the Prosecution.
EDWARD BEACH . I am a wax an tallow chandler, in Lime-street. On Saturday, the 15th of October, at about eight o'clock in the evening, the prisoner came to my shop, and asked if Mr. Beach was at house—I said "Yes, he is; my name is Beach"—he then handed me this note—it was folded, but had no seal or wafer—I read the note—he said it came from Mr. Harris—I turned the leaf over, thinking the cheque might be on the other side, but I found no cheque there (reads)—"60, Fenchurch-street, 15th October, 1836—Dear Sir, I have just purchased a horse of the bearer, it is too late for him to get the cheque cashed at my banker's—if you will do it, or get it done for him, you will oblige, yours, Charles Harris"—I asked the prisoner if he had the cheque with him—he said yes, he had, but he did not produce it—I then said to him I was very sorry, but I could not accommodate Mr. Harris at that moment, having paid my cash in to my banker's and all that I had in the house, in the shape of money, was a cheque for 100l. 15s., and a few sovereigns—(Mr. Harris is a medical man, and has attended my family for some time)—the prisoner asked me if I would write Mr. Harris a note to that effect—I
I did so, and handed it to the prisoner—at that time I had no suspicion of it being a forgery—I was not acquainted with Mr. Harris's hand-writing—as the prisoner was going out, he said, "It is of no consequence, I am going to Gravesend in the morning, but it will detain me a few hours"—the next morning would be Sunday—that observation caused me to suspect something was wrong, and I gave my shop-boy, William king, directions to follow the prisoner—the boy soon returned, and in consequence of what he said, I immediately called on Mr. Harris, but he was not at home—when I did see him, I communicated what had taken place, and showed him the note—on the Monday morning, at about eleven o'clock, I was sent for by Mr. Harris—when I got there, I saw the prisoner, and said, "That is the man that presented the note to me on Saturday morning"—I am not aware that the prisoner made any reply—I have not the least doubt of his being the same man.
Prisoner. I was not alluding to myself when I said I was going to Gravesend, but that my master was the person—Mr. Harris, who sent me, said he was going to Gravesend in the morning, previous to sending me, Witness. I am certain he spoke of himself—he said, "It is of no consequence, I am going to Gravesend, but it will detain me, "
WILLIAM KING . I am thirteen years old, and am in Mr. Beach's employ. I remember the prisoner coming to the shop—after he left, I followed him, by my master's order—he went up Leadenhall-market, and there I lost him in the crowd—he took a direction away from Mr. Harris's house, which is in Fenchurch-street.
CHARLES HARRIS . I am surgeon, living in Fenchurch-street. On the Saturday evening in question, finding Mr. Beach had called on me, I immediately went to him—in consequence of what I learnt from him, I went on Monday morning to Esdaile and Co., my bankers, and gave directions to Mr. Goodman, the cashier; and about eleven o'clock that morning the prisoner was brought to my house in custody, by Mr. Twigg, a cashier at Esdaile's, and this cheque was produced—I immediately declared it to be a forgery—I then sent for Mr. Beach—neither the note nor cheque are my writing, nor any part of either of them—I had no knowledge whatever either of one or the other—I kept a cash-account at Esdaile's.
COURT. Q. Was the name on the cheque, or any of the cheque or, note written by your direction? A. Certainly not—nobody brought me a note from Mr. Beach, Purporting to be as answer to that note.
CHARLES TWIGG . I am one of the cashiers in the house of William Esdaile and others, Mr. Harris was a customer of ours in October last—on Monday, the 17th of October, this cheque was produced at our house, about eleven o'clock in the morning, by the prisoner—I passed round the counter and said, "Have you presented this for payment?" He said, "I did," (a communication had previously been made to our house by Mr. Harris)—I informed the prisoner he must accompany me to Mr. Harris, the drawer of the draft—he did not offer any opposition—he accompanied me—I took him by the arm, but not to use any violence—we went towards Fenchurch-street—our banking-house is in Lombard-street—we went in a direction away from Smithfield—after going some distance, the prisoner said, "I hope you will not detain me long, for the coach leaves town in five minutes, and I am going by it"—I expressed my regret, but said he must accompany me—in Fenchurch-street he said, "Had we not better return to Smithfield, that I may endeavour to find out the person who gave me the draft?"—that was the first time I heard him mention Smithfield—I said, no,
that he must first go to Mr. Harris—when near a public-house, he said, "Will you come in and take some refreshment?"—I thanked him, and told him I supposed he stood in need of some refreshment from being at Smith. field-marker so early as five o'clock, (as he had stated,) but I declined it—nothing more passed till we got to Mr. Harris's—on arriving there, I presented the cheque, and it was declared to be a forgery in the prisoner's presence—Mr. Beach was not there at that time—down to that time he had not mentioned Mr. Beach's name at all. or having been there on Saturday—I quitted before Mr. Beach arrived, and left him in custody of an officer—Mr. Harris said to him, "I think you are the person (or fellow) who presented a letter to Mr. Beach", and he said he was not.
Prisoner. I deny saying I was going by coach—I said there was a person going by coach in five minutes, whom I wanted to see, and I was to return to you in five minutes. Witness. That is not so—I had not hold of his arm the whole of the way, but had repeatedly, that he might be kept close to me—I laid hold of his arm in crossing the road, as he stopped short for a coach to divide us, but I held him the harder—I held him by the arm whenever we came to a crossing, or any place where he might take advantage.
Prisoner. I did not say I was not the person who took the letter on Saturday night—but addressing me as "fellow," I did not choose to give his satisfaction, and said I knew nothing about it. Witness. He did deny it.
COURT. Q. How do you know William Esdaile is a partner? A. He is in the habit of signing powers of attorney, and accepting—I know theme are other partners.
WILLIAM WILTSHIRE . I am a City-policeman. On Monday, the 17th of October, I was called into Mr. Harris's, and took the prisoner into custody—after he was committed by the Lord Mayor, I was about to take his to Newgate—after I had put the handcuffs on his wrists, on coming down the stairs, he said he should like top have a cab—I sent one of my brother officers for one—the prisoner got in first, and before I could get in he jumped out on the opposite side, and ran away as fast as he could—I pursued him crying, "Stop thief," and overtook him—he was stopped by some person—he gave the name of Charles William—he was called by that name, and answered to it.
Prisoner's Defence. (written.) All that I have to say is, that I always gained my living by my industry—I did not know that I was doing any thing wrong at this time—I get my living chiefly by sealing-wax making, but not having enough to do at my trade, I had a bill in my window, stating that I delivered messages and parcels, which I did to fill up my time. On Saturday evening a gentlemanly-looking man, giving his name Harris, (he was about five feet seven inches in height, fair complexion, of light hair,) came to my house and asked me if I knew Lime-street, City. I told him I did upon which he gave me a letter directed to Mr. Beach, Lime-street, and told me to wait for an answer—when I brought him a letter to the Elephant and Castle, according to appointment, at half-past nine o'clock, he read it and then gave me 2s. 6d. for my trouble, and said if I would meet him at the Ram Inn, Smithfield, on Monday morning, at eleven o'clock, he would have another job for me; which I accordingly did, when he gave me a
cheque to take to Messrs. Esdaile and Company, Lombard Street, and receive the money for it, I was to make haste, and he would be at the Ram in three quarters of an hour—I went, not having the least suspicion that any thing was wrong, as I had done many similar jobs—when I came to the banker's, a gentleman asked me who I came from—I told him Mr. Harris—then another gentleman said I must go with him, which I very willingly did, not then having any suspicion—he took me to a Mr. Harris in Fen-church-street, when he gave me in charge for forging the cheque, of which I am entirely innocent, Being the first time I ever was in any sort of confinement, and having always supported my mother and myself by my industry, I hope, gentleman, you will consider the unpleasant situation I am now placed in, and that I was completely led into it by some artful person, and that I am entirely innocent of the charge—and that is the whole truth of the case.
JURY to MR. BEACH. Q. When you wrote the answer, did you direct it to Mr. Harris, in Fenchurch-street? A. I do not remember having put "Fenchurch-street" on the note—nothing passed between the prisoner and me about where Harris lived—I asked him if he had the cheque, and he said, "Yes"—he did not offer to produce it.
JURY to MR. HARRIS. Q. Does that cheque very much resemble the cheques you draw on your banker's? A. It does not, because I always write the cheque, as well as sign it—the signature is a resemblance of my writing, but the amount and figures do not all resemble mine—I have no knowledge of the prisoner.
JAMES COLLINS re-examined. The prisoner is a sealing-wax maker—he goes about with messages and parcels, and had hired me to go for him when he could not go himself—I do not know I that he has a notice in his window
MR. BODKIN. Q. Do you live in the same house as the prisoner? A. Next door to him, and on this side of his house—I have a place away from home, and do not come home above once a months, or so—I was not at home on Saturday, the 15th of October—I have never looked at his window, as the street is no thoroughfare, I never passed his house—there is a ditch runs across the bottom of the street—there are twelve houses on one side and eleven on the other.
Q. Then a bill there would only be seen by people in the street? A. A great many people come down, thinking it is a thoroughfare.
(Thomas Anderson also deposed to the prisoner's good character.)
GUILTY. of Uttering. Aged 20.— Transported for Life.
Before Mr. Justice Vaughan.
JOHN HEPPELL . I keep the Grapes public-house, in Lime-street. I knew the deceased, William Gaywood, about eighteen months. On Wednesday, the 21st of September, about half-past ten o'clock, he came to my house—he was very tipsy—he was a sort of jobbing man in the market—he had left the situation of a journeyman butcher three of four weeks before—there was nobody in the house when he came in—he had half-a-pint
of beer, which he drank off at one draught—he then sat down, and was dozing off to sleep—I said, "Bill, you had better get up and go home, you have had more now than will do you good"—I said so two or three times—he made no reply—in a minute or two after, the prisoner came in and looked at him, and Gaywood muttered something—I do not know what it was—the prisoner said, "What do you want? what do you want?" the prisoner was the worse for liquor, but not near so bad as the deceased, who was beastly drunk—Gaywood said he should like to give him a d—d good hiding, and Watkins directly hit right in the face—I directly ran round the counter, and said, "I am going to have no fighting here, and if you want to fight, go out"—Watkins went out—I put Gaywood out gently—I just took him by the shoulder, and walked him out—about ten minutes after this, my wife came down stairs, and I went out to protect my side window, as a great mob had collected—there was a regular fight—Gaywood was standing up—I saw no second, nor any body with Watkins I saw the last blow given, just as I went out—Gaywood was standing with his hands down—Watkins walked towards him in a fighting attitude and hit him with his left hand in the face—I did not see Gaywood put as his hands to defend himself—I should have seen him if he had—I consider he did not put himself in any attitude—he fell back ward on the flag-stones very heavy—I went in directly, and saw nothing more—no blow was gives by Gaywood in my house before Watkins struck him.
Cross-examined by MR. PHILLIPS. Q. Was not the first offence, the deceased declaring he would give the prisoner a d—d good hiding? A. He said he should like to do it—the prisoner had given him no offence before that—the deceased was so beastly drunk that people must have observed it—they had been wrangling all the morning—I expected they would wife was not down stairs.
COURT. Q. I presume, when he first came in, you did not observe the he was beastly drunk? A. I did not; but when he put his head down, he fell asleep, and I said he had better get off home.
ALFRED JONES . I am a surgeon. I saw the deceased in the hospital—he came there on the Thursday morning, about a quarter to eleven o'clock, the day after the fight—I found him in an insensible state, evidently labouring under compression of the brain—we were aware it arose from violence, from the statement made at the time, and seeing external marks of violence—he had a black eye—the pupils were dilated, but they contracted a little to the light—I am perfectly satisfied there was injury of the brain—we made incisions to ascertain if we could detect any fracture—he rallied during the time we bled him—we bled him largely, and it relieved him—he would try to speak, but we never could get any thing distinct from him—he at last became as bad as ever, he had paralysis at Friday, and died on Saturday—there was a post mortem examination—there was a fissure on the right side of the skull, extending not very far—it was at the anterior angle where he had fallen—we took off the scalp and opened the skull, and on the left side, the opposite side to the fracturs there was an extensive laceration of the left hemisphere of the brain—there was an effusion of blood on and beneath the dura mater—I have no doubt his death was caused by some injury he had received—a heavy fell on a pavement would account for the injury of the skull—it might probably be worse if the man was drunk than if sober—I am clearly of opinion
his death was caused by these violence I have heard of—I have no hesitation at all about it.
ROBERT EDWARD DURANT . I saw the deceased and Watkins outside the public-house, on the morning in question—I cannot say which came out first, for five or six, or perhaps more, came out together, and I saw them collected about the door—I did not see either of them come out—when I first observed them together, they both appeared in a sort of sparring attitude, with open hands—they were not three yards from the door—I observed two persons backing the prisoner, urging him on to fight; and one supported Gaywood—after a little sparring they commenced fighting with doubled fists—Gaywood clenched his fist for about two rounds—they had a regular fight—Gaywood had the worst of it—after about two rounds. they made a sort of stand-still, and the deceased was in a state of stupor, not able to speak, and stood with his arms alongside him, supported by a man who was holding him up to be struck—he could neither speak, stand, nor walk—they stood for a minutes or two in that state, when the two persons who were backing the prisoner urged him, on to strike Gaywood again, and he did strike him a blow—the deceased did not raise his hand—he had not power—the prisoner struck him a severe blow on the temple, and he fell backwards lifeless on the pavement, his coming on the pavement with a very severe concussion.
(The prisoner received a good character.)
GUILTY.—Strongly recommended to mercy, — Fined One Shilling, and Discharged.
Before Mr. Baron Bolland.
2374. ANN MCCARTHY. alias Hannah McArthur, was indicted for that she having been convicted as a common utter of counterfeit coin, did afterwards, on the 27th of September, utter and put off, to Susan Floyd, a counterfeit half-crown, well knowing it to be counterfeit.
MR. ELLIS conducted the Prosecution.
CALEB EDWARD POWELL . I am assistant solicitor to the Mint. I produce a copy of the record of the conviction of Ann M'Carthy, for uttering counterfeit coin—he was tried at the Middlesex October Sessions, 1833.—I have examined it with the original record in the Office of the Clerk of the Peace—it is a true copy—(read)
JOHN FISHWICK SUMMERSALL . I am a turnkey for the House of Correction for the country of Middlesex. In October, 1833. I recollect the prisoner being tried for uttering counterfeit money, and sentenced to twelve months' hard labour,
SUSAN FLOYD . I am the wife of Charles Floyd, a dealer in earthenware, in Bartholomew-terrace. On Tuesday, the 27th September, between four and five o'clock in the afternoon, the prisoner came to our house, to purchase some article of earthenware, with came to 6 1/2., and offered half-a-crown and a halfpenny in payment—I thought it bad, and showed it to my husband—he came into the shop with me to the prisoner, and sent the lad for a policeman, who took her in charge—I gave the half-crown to my husband.
CHARLES FLOYD . I was in the parlour adjoining the shop, and received the half-crown from my wife—I said nothing to prisoner, but sent immediately for the policeman—she heard me send for him—Essex came, and I gave him the same half-crown as I had from my wife—the prisoner seemed very restless, and muttered, but said nothing.
JAMES ESSEX . I am a policeman. I was on duty on the 27th of September, and was called into Floyd's shop—I took charge of the prisoner and received a half-crown from Mr. Floyd, which I produce—I took the prisoner to the station-house—as soon as we got there, I desired her to sit down for a few minutes, as Mr. Floyd had not come—I kept my eye on her—she beckoned to me, and said, "Is there, a place of convenience for me?"—I said, "Wait a bit, my good woman"—in the mean time I told my brother officer of the circumstance—I still kept my eye on her, and saw her put her hand into her pocket—I thought she was going to take some snuff, but when she took her hand out she folded her arms—I said, "I think you have something not right"—we both laid hold of her arm, and Cox took a sixpence out of her hand—I had asked her if she had any thing and she said she had nothing—5 1/2 d. in copper was found on her by a female searcher.
JOHN COX . I am a policeman. I was on duty at the station-house when the prisoner was brought there—she was sitting in a chair—I saw her put her hands into her pocket, take them out, and fold them again—I said, "What have you in your hand?"—she said, "Nothing"—I said, "What is your hand clenched so for?"—she said she had got nothing—I opened her hand, and took the sixpence out.
GUILTY . Aged 60.— Transported for Seven Years.
Before Mr. Justice Gaselee.
2375. THOMAS EVANS was indicted for feloniously receiving, of a certain evil-disposed person, on the 26th of September, 17 flag-stones, value 2l., the goods of the Mayor, Commonalty, and Citizens of the City of London, well knowing them to have been stolen; against the Statute, &c.
MR. DOANE. On the part of the prosecution, offered no evidence.
NOT GUILTY .
Before Mr. Baron Bolland.
2376. JAMES HAWKINS and THOMAS HAWKINS were indicted for a robbery upon George Fox, on the 9th of October, putting him in fear, and taking from his person, and against his will, 1 hat, value 13s.; 1 handkerchief, value 3s.; and 1 umbrella, value 4s.; his goods.
MR. THOMAS conducted the Prosecution.
GEORGE FOX . I keep the Carpenters' Arms, in Stafford-place South, Pimlico. On Sunday, the 9th of October, about twenty minutes after ten o'clock in the evening, I was going, in company with my brother, in Covcross, Smithfield—we went in a hackney-coach, to see the White Swan, Cow-cross, which was to let—we hot out of the hackney-coach at the Bull, in Smithfield, at the corner of a street—we saw two woman standing on the pavement at the corner of a public-house—my brother, and, I believe Mr. Freeman, at the same instant, inquires the way to the White Swanthe woman made answer, "Ask----"—Mr. Freeman said she might as well be civil, and with that the woman up with hand, and gave my brother a back-handed slap on his face—my brother made a step back for fear of a repetition of the same thing, and told the woman he had a mind to give her into custody of a policeman for so doing—at that moment the
two prisoners rushed out of the public-house, and knocked my brother down in the mud immediately—other parties were still coming, and my attention was drawn from my brother—I saw Mr. Freeman knocked down at the same instant as my brother, by some others—I went up to assist my brother, and was immediately attacked by the two prisoners and a man in a flannel jacket, having the appearance of a bricklayer—they knocked me down, and I was kicked dreadfully by all the parties—I got up on my legs, and found my hat and a silk handkerchief which was in it were stolen from me—I cannot say whether my hat was pulled off or taken off, but it was gone—I had an umbrella—I kept that fast in my hand for some time, and held it up to protect myself from the blows, and then that was wrenched from me—I cannot say by whom—I was knocked down again repeatedly—I was no sooner up than I was knocked down again—the two prisoners and the man in the jacket were the three that continued on me—I have not seen the other man since—I was endeavouring to run away, and called, "Police," as hard as I was able, the whole time—I made a run towards a public-house, and when I came up to the door I received a push—there were two or three persons at the public-house door—I entreated them to let me in—the landlord said he would have no rows there—I was pushed from the door, and at the same time I received a blow from James Hawkins, and he seized the chain of my watch, and drew it from my waistcoat pocket—I had a guard on, and with the force of the pull he broke three buttons out of my silk waistcoat—my guard saved my watch—I caught hold of his hand with both my hands, and he struck me a blow with his other hand—the man in the flannel jacket came at the same time, and hit me with both his hands, one after the other, and I fell in the mud, and pulled James Hawkins on me—my watch was then hanging loose out of my pocket—the other prisoner was also kicking and beating me at the time this occurred—(looking at a handkerchief) this is the one I lost—I found it in a band-box is Thomas Hawkins's room, where I went in company with Ashton and Ellis, he policeman, and a constable, about five o'clock in the morning—there were other handkerchief in the box—the prisoner said, at the time the policeman were searching the box, "There is a handkerchief there which don't belong to me"—the prisoner and his wife were in bed there—they did not open the door, it was burst open—the policeman knocked at the door two or three times before they burst open, and they answered, "Who's there?"—the policeman called, "Tom, me want you to open the door"—he wanted to know what they wanted with him, and they at the same time pushed the door in—it was very easily done—the door flew open—they were both sitting on the bed when I went in—the policeman had a light—they searched round the room, and when Ashton went to the box, the prisoner said, "There is a handkerchief in that box that don't belong to me"—he said nothing about it before Ashton went to where the box was—I said it was my property—there were tow large dogs in a cupboard in the room—one of them was something of a Newfoundland breed, and the other a mastiff—they endeavoured to rush out on us—I have not found my umbrella or hat since.
Cross-examined by MR. PHILLIPS. Q. Do not you know that the woman who came out were the wives of these men? A. I did not know it then—I know it now, as far as they represent—I left my own house at nine o'clock that evening—I called on a friend, who accompanied me, and my brother, (Mr. Scott, of Ryder-street, St. James's)—all of us went together—I had been in no house whatever, except Mr. Scott's—he is a
respectable master-tailor—I took a glass of brandy and water there, and I had taken a little at home—I did not drink more than sixpenny-worth altogether—I told Crow, the constable, that I strongly suspected he was one of the gang—I wish to state, that at the time I was knocked down by James Hawkins, when I regained my legs again, I saw a cab drive up, and I, wishing for protection, made a step towards the cab—I was then seized by a man in a flannel jacket, by one arm, who caught hold of my watch at the same time—I caught hold of him also, and he afterwards turned out to be Crow, the parochial constable—being dressed in the garb, and very much resembling the other parties, I caught hold of him, thinking I had got one the thieves—I did not tell Crow I suspected him to be one of the gang—I told the policeman G 155 so, in Crow's hearing—I used the word "You."
Q. Had either of these men lost their hats in the row? A. I know nothing of that—they had their hats on when they first came out—I did not see them at last—one of the prisoners did not state at Hatton-garden that he had lost his handkerchief—the little one said he had lost his hat—he is a little deformed man—I am positive he did not mention losing a handkerchief—he said he had a handkerchief which did not belong to him, when the policeman was searching the band-box—the woman fought and kicked us as well as the men—no provocation of any kind was given them, not the least—we never struck a blow in the first instance—I did not see my brother from the time the fight commenced.
COURT. Q. Look at that handkerchief; tell how you know it? A. My name is written on it in ink, in my own handwriting.
ROBERT FOX . I hold a situation in the East India Company's service. On the 9th of October, I was going with my brother and Mr. Freeman towards Smithfield—when we got out of the coach, the coachman observed that that was the Swan, pointing to a public-house, which I believe was the Bull—we asked a person, who appeared to be a lad who attends to water the horses, and he directed us further on to a house with a light—we went on, and arrived at the public-house, and saw two woman standing, off the stones—we asked them where the White Swan was—they gave as indecent answer—I heard Freeman say, "You may as well be civil"—I turned my head for the purpose of finding the place, and I received a blow in the face from one of the woman—I said to her, "You had better mind how you behave yourself, or I will give you in custody"—I was immediately knocked down by a blow from behind, before I had scarcely finished the words—I did not see the person who struck me—I had an umbrella with me—after I was knocked down in the first instance, I endeavoured to get up, but as often as I did so, I was knocked down—I defended myself with my umbrella, which was torn from my hand, and I did not find it again—I did not see the prisoners, not to recognise them.
Cross-examined. Q. You have indicted them for robbing you of your umbrella as well? A. I cannot say it was an act of my own to indict them, but there is an indictment—the first act of violence was the woman striking me—I was knocked down immediately after that, and cannot say whether they went away—I heard my brother saw to Crow, "I suspect you of being one the party"—I had drank some ale at my brother's that evening, nothing else—I do not believe my brother took any—I drank's wine-glass of cold brandy and water at Mr. Scott's, and my brother drank a small portion—I did not go any where else—I drank a glass of ale after the transaction—my brother was locked up in the station-house, in Rosoman-street, to protect his property—Crow gave him in charge for
charging him falsely, and Crow told Magistrates he took him in charge to take him into custody to protect his property—he took him being disorderly—he did not say for being drunk—I was not allowed to go into the station-house—I did not observe whether either of the prisoners had their hats knocked off in the scuffle—I had about 24l. in money in my pocket; that was safe—I should say there were more than forty persons in the crowd.
MR. THOMAS. Q. Was it the noise and scuffle that brought the crowd together? A. I should suppose so—I did not see a person in the street, except the two woman, when I first entered it—I saw Crow and my brother together when the policeman came up—it was not at that time that my brother told him he suspected him to be one of the party—that was afterwards, when they got little way to the station-house, which is about ten minutes' walk—I had not heard Crow tell my brother who or what he was—Crow has asserted since, that he detained my brother in charge for having made a false accusation, but I did not hear it at that time.
COURT, Q. You say there were about forty persons there; how many were engaged in this squabble? A. The whole of them—I believe every me almost took the opportunity to strike us as well a they could, all that I could see about.
THOMAS ELLIS . I am a policeman. I was overtaken by the two Mr. Fox's accompanied by Ashton, about a little after five o'clock on Monday morning—I went them to Thomas Hawkins's room, in Peter's-lane Cow-cross, from information I had from one of our men—I saw a silk handkerchief taken out a box, which Fox owned—the prisoner said he did not know thing of the things that were asked for—Ashton had asked for two umbrellas, a hat, and some silk handkerchief—just at the time Ashton took hold of the band-box, he said, "I have got a handkerchief there which does not belong to me"—he did not say that before.
WILLIAM BAKER ASHTON . I am a policeman. I saw the two Fox's when they came to Rosoman-street station-house—Fox gave me a description of one of the parties he stated he had been robbed by, which induced me to go to Thomas Hawkins's room—I knew him before—I searched him room—while I was doing so, he had been in a row, and lost his hat—I informed him we had come to see if we could find the stolen property, such as umbrellas and hats—I did not mention a handkerchief—I then commenced searching a box by the side of a bed, and he said, "There is a silk handkerchief in that which does not belong to me"—I found this handkerchief in it—I took up a hat, but the prosecutor said it was not his—the prisoner said, "No, that is my best hat; I got into a row last night, and lost my own hat in the Cross."
JAMES LEE . I am a parish constable of St. Sepulchre's on the night of the 9th of October I was at the lower end Cow-cross, and heard the call of "Police," and "Murder"—I hastened towards the spot, and saw the prisoners engaged with the prosecutor, ill using them—I released Robert Fox from James Hawkins, and he ran immediately to the mob, where his brother was—I did not know either of the prisoners at that time, or that there had been any felonious intent—I separated them, and merely thought it was a street row—it is a low neighbourhood, and it is frequently the case there—Crow, another parish constable, while I was releasing Robert Fox from James, took the prosecutor, George fox, into custody—he called for assistance—I went towards him—there was another constable there—I thought that sufficient, and I proceeded to keep the mob back—Crow and the prosecutor walked towards the station-house—I did not understand
there was any felonious intent, nor any assault committed—George Fox had not his on when I saw him with Crow.
COURT. Q. How many people were collected? A. I should think fifty of sixty—I thought it was a street-fight—I was not there many minutes before George Fox was taken away by Crow—I had not ascertained that there had been any felony committed.
EDWARD CROW . I am a constable of St. Sepulchre's On the 9th of October, I was in Cow-cross—I saw the prosecutor knocked down against the Cooper's Arms public-house—the two prisoners were over him, and another man in a flannel jacket knocking him about, and likewise a parcel of woman—I have know the prisoners for years—as soon as I came up, they got away as well as they could—Fox got up, and then James Howkins made a pull at the prosecutor's watch—I saw the watch hanging from the guard from his neck like a plumb-bob in a level—I laid hold of the watch, to protect him and his property, as I considered—I were a flannel jacket at the time, and said, "You are one of the party"—I was in my working-dress—I told him I was a constable, and said "You are all right about your watch"—he said, "You are one of the party"—I said, "I am not"—I saw James Hawkins make two snatches at the watch, because he did not succeed in the first instance—I went with the policeman to Hawkins's lodging.
Cross-examined. Q. You were not dressed genteelly, as you are now and he took you for a thief? A. No, he did not take me, but he charged me to be one of the party—I told him I was a constable, and had come to protect him and his watch—I took him to the station-house, when he was satisfied I was not one of the party—the sergeant wanted to make me give him in charge—I said I had no charge, further than to certify I was not one of the party—the inspector said, "Mr. Crow, you must make some charge"—I said, "Well, I cannot make a charge against the man, further than being riotous in the street, if you compel me to make a charge"—I gave the charge, and he was locked up.
MR. THOMAS. Q. The prisoner was not at the station-house? A. No; he had got away.
COURT. Q. You saw the prisoner James fighting with Fox? A. Yes—he laid hold of the chain, and pulled the watch out of his pocket—it could not have come out in the scuffle—I believe he laid hold of watch and chain, for his waistcoat was torn from the buttons when I laid hold of the watch.
NOT GUILTY .
2377. JAMES HAWKINS and THOMAS HAWKINS were again indicted for a robbery on Robert Fox, on the 9th October, putting him in fear, and taking from his person, and against his will, 1 handkerchief, value 3s.; and 1 umbrella, value 2s. 6d.; his goods; upon which no evidence was offered.
NOT GUILTY .
Before Mr. Justice Gaselee.
MR. DOANE conducted the Prosecution.
WILLIAM PINK . I am a milkman, and live in Great Harcourt-street, St. Marylebone. On Sunday, the 25th of September, I had a quantity of cows in Hyde Park—on going there early on Monday morning, I found one of them dead—I went to Abbott, a butcher in Newport-market, and gave him directions to fetch the cow away—in consequence of information,
the same morning, I went to the prisoner's residence, near Cow-cross—he is a slaughterman—I saw him standing, in his shirt-sleeves—I asked him if he had a cow come into his slaughter-house that morning—he told me he had—I saw my cow lying in the slaughter-house, stuck and bleeding—I told him it was my property, and cost me nineteen guineas, and should be glad to take it away, that I had Abbott's cart outside, and would take it away—he said I should not have it away, it was not my property—I told him it was, and I would make him remember it—Mr. Legg and him too—he had said it was Mr. Legg's property—he said he would get her hide dressed in about twenty minutes—I stood by while he dressed it—Legg is the gatekeeper at Hyde-park—he keeps cows—I had not given Legg authority to send the cow to any body except Abbott—one of the slaughtermen said, "Halloo, here is something amiss here, look down here"—I looked down, and at the back part of the elbow of the cow there was a very great bruise near the heart—I had not observed any bruise on it when I saw it dead at first, nor when I saw it in the park—I saw the prisoner again, a fortnight afterwards—I asked him to go to Hatton-garden with me, and he said he had some very particular business, much more particular than mine was—I said, "When will you go"—he said, "Wait till three o'clock, and I will go with you"—I went down about ten minutes before three o'clock, and said, "Will you go now to Hatton-garden with me?"—he told me no, he would not go with me any where—he told me I might go, that he had paid Mr. Legg for the cow, and the skin was marked in Mr. Legg's own name—he then said, "Go away, I don't care for you; why will you not keep the law on me?—I had put it into an attorney's hands, but he did not care for the attorneys nor me either—I saw him afterwards, at Marylebone-street—the Magistrate issued a summons, and he said he would not attend to it.
Cross-examined by MR. PHILLIPS. Q. Did you not give Mr. Legg in charge for stealing this cow of yours? A. Not for stealing the cow, but for having the money for it—he said he had paid Legg—I saw Mr. Legg the evening after I seen the cow at the prisoner's—I do not know whether I told Legg I had found the cow or not—I did not, to my knowledge—I went to him a good many times to talk about the cow—I certainly had found the cow that evening—I cannot say whether I told him I bad or not—Abbott, my witness, was bail for the prisoner's appearance—the cows were not put into Hyde Park in my own name, but they were my property,
JOHN LEGG . I am a gate-keeper, and constable of Hyde Park, On Monday, the 20th of September, I remember one of the prosecutor's cows being dead—I gave no directions to send it to the prisoner's, or any where else.
Cross-examined by MR. CLARKSON. Q. Whether any body else sent to the prisoner to say you desired to send him the cow, you cannot tell? A. No—a man came with a cart to fetch it that morning—it had not the prisoner's name on it—on the morning after he found the cow, Mr. Pink came to me with Abbott—I asked him if he had found the cow—he said "No"—that was about ten o'clock, or a little after—he told me I had sold the cow and taken the money, at Marlborough-street, but I was exonerated there—I had to give security for three days, for 100l., or else go to Tothill-fields for nine days—I only saw the prisoner three times in my life—I sold him a cow a year or two ago—he behaved like an honourable gentleman, and I always heard that character of him—he know I was one of the keepers of the Park—I have been nineteen years there.
MR. DOANE. Q. If the prisoner has state he paid you for this cow, it is not true? A. It is not true.
JAMES ABBOTT . I am a slaughterman, and live in Great North-street, Lisson-grove—I do not keep a shop. On Monday morning, the 26th, I came from the Park, down to Smithfield, with Mr. Pink, but did not go to the slaughter-house with him—on the Wednesday following I went with the prisoner to his slaughter-house—I met him, and he asked me if I would have a look at a cow—there was a bother about a cow—I went down to look at her at the prisoner's—he said he thought it was Mr. Legg's cow—he understood it had been sent from Mr. Legg—he asked me what I thought the value of it was—I told him I thought it worth about 1l.—he asked me what I meant to do with the cow—whether Mr. Pink or me meant to fetch it away, for he would no let it hang there any longer.
Cross-examined by MR. PHILLIPS. Q. Did not the prisoner tell you that the driver had told him that Mr. Legg had sent a man down to fetch the cow out the Park? A. Yes, he did, and said if Mr. Pink did not fetch it away, he would send it to the boiler's—he said he would not pay any body till he saw Mr. Legg about the cow, that it was sent from Mr. Legg, and if it was his property, he should have it—I was bail for the prisoner's appearance—I have known him many years, he is as respectable a man as any I know.
NOT GUILTY .
Before Mr. Justice Gaselee.
MR. ADOLPHUS, on the part of prosecution, declined offering any evidence.
NOT GUILTY .
First Jury, before Mr. Recorder.
MR. DOANE conducted the Prosecution.
JAMES MEAKINS . I am a farmer, and live at Hornchurch, in Essex. On Thursday, the 22nd of September, I had twenty Southdown sheep, market with my initials, "J. M."—I saw them safe together in one of my fields, at six o'clock on Thursday evening—I went to that field about six o'clock next morning, and they were gone—it appeared they had been driven through gap—the bushes were pulled up, and replaced again—I went with Mr. Brittain to Islington, and afterwards to Evans, a fellmonger at Bermondsey—I there saw the skins of ten of my sheep—Staite also produced to me another skin of one my sheep—I had given the prisoner no authority to have my sheep.
WILLIAM HAILE . I attend the Islington market. On Friday, the 23rd of October, I saw the prisoner with a lot of sheep—I do not know how many—I had eighty-two myself—his and mine got mixed—we went as far as the Rosemary Branch, and then we separated them—I am quite sure he is the man—it was about half-past eleven or a quarter to twelve o'clock in the morning.
Cross-examined by MR. CLARKSON. Q. When you first saw him with the sheep, did you hear directions given to him to drive them to Leadenhall-market? A. No—I saw somebody talking to him in Islington-market—I did not hear what was said—I did not hear Leadenhall-market mentioned—he drove the sheep a way about half an hour after the person spoke to him
CHARLES WRIGHT . I am a salesman at Leadenhall-market, On Friday, the 23rd of September, the prisoner brought me ten sheep—he said he brought them Mr. Rose, of Colchester, for me to slaughter them, and when killed, be would call for the bill of them—I slaughtered them, and sold the skins of them to Mr. Powell—I did not notice the marks.
Cross-examined. Q. Did you know Rose of Colchester? A. I have heard of the name, but never did business with him—he is a salesman at Smithfield, I understand, and lived at Colchester.
JAMES STAITE . I am in the service of Mr. Challis, a salesman in Leadenhall-market. I saw the prisoner on the Friday in the market, with some sheep—I received ten from him—they had two straight strokes, across the back with red ochre—he said he had brought them form Mr. Rose to be slaughtered, and I took them in—I have the skin of one here.
Cross-examined. Q. Did you know Rose? A. I have received things from him several times—the prisoner made no secret of this—it was a transaction in the ordinary course of business, as far as I knew.
THOMAS WALTER BRITTAIN . I am a farmer, and live at Hornchurch. I accompanied the prosecutor to town, and went to Mr. Powell's, at Bermondsey, and obtained ten skins—I knew them to be the skins of Mr. Meakins' sheep, by the marks—I had seen them daily—my land joins his.
JOHN HOLLY . I am a farming man in the service of Mr. Meakins. The day before he lost his sheep I saw the prisoner in the fields, just by Mr. Meakins' house, between eleven and twelve o'clock in the morning—he asked me if master had not any sheep to feed off that field?—I said there were some over at the other farm, and some in Mr. Cole's field, adjoining Mr. Meakins'—I had not seen these twenty sheep that day, but they had been in Mr. Cole's field, because I had pinned them in—I was at the Harrow public-house that evening, close to Mr. Meakins' premises, about a quarter or twenty minutes after nine o'clock and saw the prisoner there.
Cross-examined. Q. Are you in the prosecutor's service? A. Yes—I do farming work—I have been in his service nearly six years—I saw Mr. Meakins about ten or eleven o'clock the morning after the sheep were stolen—I told him about the prisoner talking to me, and seeing him at the public-house, that was some days after—when master asked me about it—I was buying a load of hay. I cannot say when I told him—it was not so long as a month ago—the prisoner was taken into custody six or seven days after master lost his sheep—I did not tell master of this conversation as soon as I heard it—I did as soon as he asked me about it—I was told I was to be a witness to-day for the first time—I did think of the conversation I had with the prisoner, to be sure.
Q. Then why not tell your master when you saw him, the first opportunity? A. I did not know there would be any thing required about what the man said to me—I knew him before—nobody was present at our conversation in the morning—there were several in the public-house in the evening—none of them are here—Mr. Brittain came for me this morning.
(MR. CLARKSON, on behalf of the prisoner, stated his defence to be, that he was a drover, and was employed on the morning in question to drive these sheep, by a person at Ilford, who represented them to belong to Mr. Rose, of Colchester—that the person overtook him at Islington, and directed him to drive them to Leadenhall-market, and to take ten to Wright, and ten to Challis, and receive the money for them.)
(Robert Laver, salesman, of Romford; Thomas Young, general dealer, High-street, Romford; Robert Sutton, tailor, Romford; Richard Dolster, fishmonger, Romford; and Peter Clare, stove marker, Holland-street, Black, friars-road; gave the prisoner a good character.)
GUILTY . Aged 18. Transported for Life.
(Recommended to mercy on account of his previous good character.)
RICHARD PRICE NICHOLAS . On the 19th October, between eight and nine o'clock in the evening, I was looking in at a shop window in Longacre—the prisoner was standing at my left-hand side—I thought I felt something at my pocket, and missed my pocket handkerchief—I turned round, and saw it in his hand—I gave him in charge immediately—he dropped it—there were several persons behind him—I am quite sure it dropped from his hand—this is it.
Prisoner. I was looking through the window, two men passed me and chucked the handkerchief down—I picked it up, and seeing it did not belong to me, I chucked it down again—the gentleman laid hold of me, and asked it I took it—I said, "No" Witness. There were other persons behind—he made no resistance—he was not half a yard from me—he was the nearest to me—there was not time for any body to take it and throw it to him
MALCOLM M'LENNAN . I am an officer, I received him in charge, and took him to the station-house—he said he knew nothing about the handkerchief at all—he denied having had it—he did not say how it came into hands.
Prisoner. I spoke to the gentleman at the time, and told him the boy had thrown it down.
MR. NICHOLAS. I did not hear him say any thing of the sort—I did not listen to any thing he said—I do not thing he could have stooped down he was so close to me.
GUILTY . Aged 16.— Transported for Seven Years.
SAMUEL WRAITH . I am a medical student at St. Bartholomew Hospital and live in Whitmore-cottages, Old Hoxton, On the night of the 22nd of October, I was going up the City-road, and saw an unusually large telescope in the street—I staid a few moments to took at it, and thought I felt something—I put my hand to my pocket, and at that moment a person said, "You have lost your handkerchief, Sir"—on looking round, I saw the prisoner Brown secured by the witness, and the officer, and saw my handkerchief on the ground—this is it.
JAMES COCKLIN . I am a shoe-marker, and live in Palace-court, Hackney-road. On the evening of the 23rd of October, about half-past eight o'clock I was in a crowd, near the telescope, in the City-road—I saw the two prisoners come into the mob together, arm-in-arm—the prosecutor stood by the side of me—I heard Burgess say to Brown, "Make way, let this gentleman have room"—Brown then put his hand into the gentleman pocket, and drew a white handkerchief out—I immediately seized him by
the collar, and informed the prosecutor—Brown said he knew nothing about it—the handkerchief was picked up a boy, and given to me—I gave it to the policeman—in going to the station-house Kemp the officer asked me if Burgess was coming—I said, "Yes"—he was near enough to hear—I turned round, and he was out of sight immediately—I saw no more of him till next morning, at the police-office, when the officer asked me if I could recognise him—he showed him to me, and I know him to be the man who with Brown.
Burgess. I know nothing of it—I was not in the City-road at the time—he must have mistaken my person. Witness. I am certain of him, and when the gentleman was taking the depositions at Worship-street, Brown said they were in company together—I cannot be mistaken in his person.
GEORGE KEMP (police-constable, N 82.) I was on duty, in plain clothes, in the City-road, on the evening of the 23rd of October, about eight o'clock—I saw the two prisoners together, walking after a lady and gentleman towards Finsbury-square—I knew them before—they then followed an old gentleman some time, then left him, and went through the turnpike, to the telescope, and stopped behind this gentleman; and all of a sudden I saw a person lay hold of Brown by the collar, and instantly dropped the handkerchief from his hand—I lost sight of the other prisoner—I asked Cocklin to look round and see if he could see the other man—it was said loud—I saw him at Worship-street next morning, and sent Cocklin out to see if he saw any body he knew—he went out, and said that man was in company with prisoner when he took the handkerchief—I then took him.
(property produced and sworn to.)
Brown's Defence. I never touched the gentleman's pocket at all.
BROWN— GUILTY .† Aged 18.
BURGESS— GUILTY .† Aged 18.
Transported for Seven Years.
JAMES RUSSELL . On the afternoon of the 18th of October I was in High-street, St. Giles's, and passing the end of Crown-street felt something at my pocket—I put my hand down, and missed my handkerchief—I turned, and saw the prisoner and another—I tried to seize the prisoner—he ran away, and I after him, calling, "Stop thief"—I came very near to him—Baines secured him, and afterwards produced my handkerchief to me—this is it.
WILLIAM BAINES (police-constable, F 116.) I was on duty, on the afternoon of the 18th of October, in Crown-street—at a quarter-before six o'clock I beard an alarm, and took the prisoner, who was running away from the prosecutor—I was coming a country way, and met him—I detained him till the prosecutor came up, and immediately I took him I saw him drop the handkerchief on the stones—he was at the head of the people, and running—I am sure he dropped it.
Prisoner's Defence. There were several people near me—I never saw the handkerchief till I saw it in his hand—I was running after the thief. Witness. He was before every body, and I saw him drop it—he was running as fast as he could.
GUILTY . Aged 18.— Transported for Seven Years.
NEW COURT.—Saturday, October 29th, 1836.
Fifth Jury, before Mr. Sergeant Arabin.
MARY TAPLAY . I am the wife of William Taplay, of Somer's-place, Camden-town, The prisoner lodged with us about three weeks—she left on the 10th of 12th of August—her husband still remained—I expected her to return, and she never did—I missed some articles before she left, and spoke to her—said it was a very serious thing, and that some one must have come in at the street door to steal them—I found these articles at Mr. Cassell's, the pawnbroker—the first sheet was taken from a bundle of things in the kitchen—the second parcel was taken off a sofa is the parlour.
CHARLES BARNETT . I am a pawnbroker. I took in this property—the sheet was pawned for 4s., on the 3rd of August, by the prisoner, and the other things by a little girl, who, I believe, is her daughter.
Prisoner. I throw myself on the mercy of the Court.
GUILTY ., Aged 49.
JOHN STEPHENSON . I live in Bayham-street, Camden Town, I employed the prisoner from four to five months as an ironer, and missed several things—I found one shift and one handkerchief—these are them—they are mine.
Prisoner. I did not pledge the handkerchief, nor did I take it.
GUILTY . Aged 49.— Transported for Seven Years.
(There were two other indictments against the prisoner.)
JOHN LEWIS . I am a plasterer. On the 20th of October I was working at No. 20, Manchester-square—the family was out of town, and the house was under repair—I left my tools there while I went to breakfast—I was absent from eight till twenty till twenty minutes before nine—the house was shut up—I missed this hammer and trowel—I do not know the prisoner—I cannot tell how the person got in.
Prisoner. I was standing in Paradise-street—the officer came and took me.
GUILTY . Aged 20— Transported for Seven Years.
2387. ELIZABETH ATTFIELD and MARY MOUNT were indicted for stealing, on the 16th of October, 2oz, weight of soap, value 1d.; 1 plate value 2d.; 1 dish, value 4d.; 1/2lb. of sugar, value 1 1/2d.; 2 candles, value 1 1/2 d.; 1 lb. of pudding, value 3d.; 1 egg, value 0 1/2d.; 1 lbs. of beef, value 7d.; and 2 lb. of bread, value 4d.; the goods of William Nathaniel Wortley and another.
WILLIAM NATHANIEL WORTLEY . I live in New Dorset-square, and am a grocer, in partnership with my mother, Attfield had been our servant of all work for twelve months, and Mount used to come and do needlework—in consequence of some suspicion, I directed a policeman to watch, on the 16th of October, and I watched at an opposite neighbour's house—about half-past twelve o'clock I saw Attfield come to the door, and look round once or twice, and then go in, and send Mount out with a bundle—the policeman crossed and took her—I went, and found in the bundle the things charged in the indictment—I asked her they came to do so?—Mount said it was the first time, and she was very sorry—Attfield said it was a few broken bits she had given Mount, as she was in great distress.
Cross-examined. Q. Your firm belief is that Mount had no intention of stealing.? A. I cannot say that—I have reason to believe from what she says, that she bought the meat.
Attfield&. I knew her by coming to a lodger, and I gave her these bits, as she had two little children, and was in great distress.
NOT GUILTY .
WILLIAM NATHANIEL WORTLEY . I lost a pencil-case about a fortnight previous to the 16th of October—I did not speak to the prisoner about it—the officer found it in a little black bag which she used to take to church with her bible—I lost it from my bed-room—it might have been in my pocket, or on the floor.
Prisoner. I picked it up as I was going to church, and it was too late to put it back.
NOT GUILTY .
WILLIAM FIELD . I am shopman to William Symes, a tea and coffee dealer, Junction-terrace, Edgware-road. The prisoner used to come to grind coffee—on Saturday, the 15th of October, about eight o'clock in the evening, when I came up from washing my hands, I saw him behind the counter, through a square of glass—I saw him put his hand in a bowl containing about 9l. worth of silver, and take his hand out—I went and caught his hand—I asked him what he had got in it—he said it was his own—I asked him to let me look at it—he would not—I kept hold of him—Mr. Symes came and asked what was the matter—I told him the prisoner had got handful of silver—I forced open, and found silver to the amount of 23s.
Cross-examined by MR. PHILLIPS. Q. Did not he mention how he
came by this money? A. Yes, he said he had saved, it up, and he was changing it out of one pocket into the other, that it should not knock against the counter.
(The prisoner received a good character)
GUILTY . Aged 18.— Confined Six Months.
JAMES BULTITUDE . I am butcher, and live in Sloane-square, Chelses. I employed the prisoner to take out a few joints of meat—on the 15th of October I sent him with a leg of mutton to Mr. Herbert—he was to receive the money—he never returned—I received information, and found him at Blackheath, about four o'clock the same afternoon, and he gave me up 4s.,—he should have given me 4s., 8 1/2d.—I did not appear on the Monday against him, because I was in hope in my employment two months.
NOT GUILTY .
2391. JOHN BURKE, JOHN NOWLAN , and JEREMIAH MURPHY , were indicted for stealing, on the 17th of October, 63 brushes value 16s., the goods of Thomas Sherlock; and JOHANNA MURPHY , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
DAVID MADDEN . I live with my mother, On the 17th of October at about half-past eight o'clock in the evening I was in Ray-street, opposite Mr. Sherlock's shop—he is a brushmaker—there was a little part of the window broken—I saw these three boys there together—the two little ones put their hands in, took the brushes out, and gave them to Burke, and then they all ran away—in about a quarter of an hour they all three came back, and then all three put three put their hands in and took some more—I was going to tell the prosecutor, but a gentleman went in and told him—I am sure they are the three boys—I had seen them before—I had seen Murphy selling garters.
ROBERT GOSWICK (police-constable G. 205) On the 17th of? October I received information that the shop had been robbed, and there were two boys opposite—I went over to David Madden, who pointed out Burke and Nowlan—I took them, and Burke dropped these three brushes—I then took them to the station-house, and took Nowlan to Mrs. Murphy's as he said he know where they took them to—I searched, and found three dozen and one brushes under the bed Mrs. Murphy had been lying on—she got up and let us in—she said nothing at all.
Johanna Murphy I am perfectly innocent, I was out when the things were brought to my room.
BURKE— GUILTY . Aged 11.
NOWLAN— GUILTY . Aged 9.
MURPHY— GUILTY . Aged 9.
Recommended to mercy by the Prosecutor. Transported for Seven Years.
JOHANNA MURPHY— GUILTY . Aged 32.
Transported for Fourteen Years.
THOMAS COLIFFE . I live with Jeremiah How at Stroud-green, Islington. I saw these boys on Monday, the 17 the about one hundred yards from my master's at half-past twelve o'clock—I suspected something, because they were at the back of the field where my master's linen was hanging—I ran to them and took them—Hill dropped this handkerchief, which I took up—it is my master's—I took them to the station-house.
(Francis Levy and Sarah Smith gave Hill a good character.
HOLLOWAY— GUILTY . Aged 12.
HILL— GUILTY . Aged 15.
Transported for Seven Years.
TEMPEST FLETCHER . I live in Wellington-street, St. Luke's I keep trucks, On the 11 the of October I missed a truck—I was not at home when it was had—I know a man of the name of Davies—I saw my truck again in Hatfield-street, St. Luck's.
MARY FLETCHER , I am the daughter of Tempest Fletcher, On the 11th of October I saw the prisoner—I did not know him before—he said he wanted truck for Mr. Davies—the truck was at the door, and I let him have it—there were two trucks—he looked at it, and said, "Have you a lighter one"—I said, "Yes"—he them said, "Never mind, this will do," and he look one of them—I thought it was for Mr. Davies.
JOHN CHERRY . I am a green-grocer. On Tuesday, the 11th, the prisoner came, and said his master had a got a truck, to sell, and would sell it cheap—I went round the corner and saw it and his master—I bought it—he asked me 10s. for it—there was no axletree—I did him 7s. for it—I had it for 7s. 6d.
JURY. Q. Who did you buy it of? A. Of a young man who the prisoner called his master, and the master had the money—I do not know who he was.
Prisoner Defence I was sent for it my master.
GUILTY .* Aged 18.— Transported for Seven Years.
HANNAH EBSWORTH . I live in Great Queen-street, and am a cheesemonger. The prisoner had been in my employ about two years and nine months—he was to carry out goods and receive the money, and to give it to me the same day—I took his account at night—he did not leave my service.
HANNAH EBSWORTH re-examined. He did not pay any of these sums—I did not speak to him on the subject—for twenty—two weeks he has been receiving 2s. 5d. of Mr. Bremmer, and he told me that he desired to have a quarterly bill, which I sent in—I asked the prisoner why he had not paid that—he said the bill was lost, and Mr. Bremmer desired I would make another—the whole amount of what he received from him was 5l. 1s.
(The prisoner received a good character)
GUILTY. Aged 18.—Recommended to mercy. — Confined Three Months.
ELIZABETH EAST . I am the wife of John East, and keep an oyster-shop in White Hart-street. On the 21st of October I just left my shop to fetch a halfpenny-worth of milk, and as I returned I met the prisoner coming out—I asked her what she wanted—she said to see my husband—I told her to come in—I looked about, and missed four sheets from behind the counter—I said, "You did not want to see my husband, you wanted the sheets"—I went and took them from her—she held them in her apron—these are them.
Prisoner. I went to the shop for a pot of beer—I stood there several minutes—no one answered me—I was coming out when she met me, and flew into a violent passion—I did not have the sheets—she called her husband and then a policeman was sent for—she struck me once or twice Witness. I did not strike her.
(The prisoner received a good character)
GUILTY . Aged 42.— Confined Three Months.
2396. JOHN SHANNON was indicted for stealing, on the 11th of October, 12 lbs. of lead pipe, value 2s. 6d., the goods of the Mayor and Commonalty, and Citizens of the City of London, and fixed to a certain building; against the Statute, &c.
There being no proof to whom the property belonged, the prisoner was
MARGARET DAISH . I am the wife of John Daish, and live in Ivy-lane. The prisoner lodged there six weeks last Saturday—I missed a sheet one day, and a pillow the next—I asked if she had seen or taken them—she said she had not, and used very had language—I gave her in charge—the duplicate was found in her room in a little cotton-box—these are my property.
GUILTY . Aged 29.— Confined Six Weeks.
MARY ANN ROGERS . I am the wife of John Rogers; we live in Bedford-street, Liquorpond-street, The prisoner lodged there for twelve months or better—this furniture was lost out of a room adjoining hers.
Prisoner. I did it through distress.
GUILTY. Aged 21.—Recommended to mercy. — Confined Six Weeks.
MARY HODGES . I am the wife of John Hodges. The prisoner lodged with me for a fortnight—the sheets were let to her with the room—she did not go away—we gave her in charge on Saturday—these sheets are ours—her husband is a porter.
Prisoner. I did not leave the house; I took them to got a bit of victual, and would have got them out if I could have done it.
GUILTY. Aged 41.—Recommended to mercy. — Confined Six Weeks.
WILLIAM DUTHY . I live with Mr. James Edmonds—he keeps a bacon shop in Brewer-street, Somers-town. I saw the prisoner's taken this bacon from the board outside the shop, and put it under her shawl—she than came into the shop, and asked my master if he would buy a mat—she was going out of the door—I tapped her on the shoulder, and said, "You are a nice woman"—she then took out the bacon, and said it was not my master's.
(The prisoner pleaded poverty.)
GUILTY . Aged 56.— Confined Three Months.
3401. HENRY LAY was indicted for feloniously receiving, of an evildisposed person, 56lbs. weight of lead, value 8s., the goods of the Governors and Company of the New River; well knowing the same to have been stolen; against the Statute, &c.
MR. BODKIN conducted the prosecution.
HENRY HAWES . I know a man named Taylor, and a man named Robinson—they are employed by the New River Company to put down pipes—I know the prisoner's shop, at No. 3, Britannia-row, Islington—on the evening of the 6th of October, about six o'clock, I saw Taylor and Robinson go to his house—Taylor had a basket on his shoulder, containing
something heavy—they both went into the prisoner's shop and staid there a few minutes—I then saw them come out with the basket empty—I thought there was something wrong and told the officer.
Cross-examined by MR. PAYNE. Q. What are you? A. An errand—I lived with Lay about three months back, for about three months—since that I have been carrying parcels and one thing and another for people in the street—I was once in trouble—I was with three other boys who stole some potatoes—I was taken to Hatton-garden and discharged—I was also given into custody by Dr. Burroughs, where I lived, charged with stealing some instruments—I was discharged—it was proved to be some other person—I have been employed by Mr. Holt, a baker, during the last three months—I do not know how long it is since I left my father—he turned me out of doors because I was ill—it was not because he said I had robbed him—it was for going with some girls, and I was take ill—I never went with the boys charged with stealing the potatoes till the time—one of them was drowned in the sea—the other is an apprentice—we all got off—I had mentioned this to the policeman—he told me to watch—he gave me a sixpence or two—my father is a tailor—my brothers and sisters have not been turned out of doors.
MR. BODKIN. Q. Then you watched this shop by desire of the policeman? A. Yes—I had told him before that I had seen Taylor and Robinson in the shop.
JOHN TAYLOR (a prisoner) I have been committed for this offence to give evidence. I was in the employ of the New River Company—I received from them some pig-lead to join the pipes—Robinson work with me—I know the prisoner by seeing him at Hatton-garden—I never took any lead to his house in my life—I went with Robinson to the door—he was in and sold it—I stood on the edge of the door—I did not go up to the counter—Robinson told me he got 6s. 6d. for it—he gave me 5s. 6d.—the policeman came and fetched me from my work on the Tuesday following—he took me to Hatton-garden, he had got no evidence against me, and I was discharged—I did not abscond—I remained at work till the policeman came, and then I said, "You want me," and gave myself up—I do not know what has become of Robinson—I have not seen him since the Thursday night that I took the lead to the door—it was part of the lead which I had received to do the pipes, with that he took.
Cross-examined. Q. Was Hawes at your first examination? A. Yes, and the second—he was examined the day I was committed to Newgate—Robinson got out of the way, because he came and told me that Lay's wife had been to him, and said that they had got her husband—I gave him money to keep out to the way—the night he came to me I gave him 15s.—I did not have any conversation with the parties any where in the shop—Robinson told me Lay made objections to buy the lead—I did not then say it was all right, that I gave him liberty to take it—I did say it was a wet night, and I gave him liberty to take it to get something, but not in the shop—I said so since—I did not open my lips to Lay at all.
HENRY ALLEN (police-constable N 350) I received information from Henry Hawes one evening at six o'clock, and also before that—I desired him to watch the shop—I gave him several sixpence and a breakfast and dinner—I went to Lay's about six o'clock that evening, accompanied by Eastwood—we found the prisoner blowing the fire under an iron melting-pot, in the back parlour—I told him I had come for the lead which he had just bought of the New River Company's men—he said, "Yes"—at the same
time I seized this piece of lend, which was in the pot, it was hot, but not melted—he was taken by surprise—as we came suddenly in upon him he said, "Yes, that is it"—he said, "Have you taken the two men?"—I said, "I have"—he said, "For God's sake say nothing about its being on the fire, and I will give you any thing"—he repeated that several times—I said, "This is not all"—he said "No, I will give you the rest," and he gave me this other from under the counter in the shop—it weighed about 56 lbs. altogether—I took him into custody—on the way he repeated again, "For God's sake say nothing about its being on the fire"and he would give us any thing, or do any thing—he was asked at the station if he knew the man belonging to the New River Company—he said, "Yes; one of them perfectly well"—I took Taylor—I have not been able to find Robinson—I thick I took Taylor on the Tuesday following—I found him at work—he gave himself into my charge, saying, "Have you taken Robinson?"—there were two examinations before the Magistrate before Hawes was examined—I did not like to produce him if I could have done without him, as he is a boy of not a very good character.
Cross-examined. Q. Did you say any thing to the prisoner, when he was going to the station-house, about his being a witness against the other two men? A. I have no recollection whatever of saying any thing of the sort—I told him I had the two men—that was not true—I did not bell him I wanted him to be a witness against the other two men—I told him, at the station the station-house, that it was useless deceiving any person—I had not taken the two men—I am quite positive I asked him if he knew the men belonged to the New River Company—the sergeant who took the charge said he knew one of the men—I do not know whether he mentioned the name.
JOHN COOPER . I am foreman to the New River Company. Taylor and Robinson were in their service—lead of this description was delivered to them for work—it is worth about 23s. per cwt.—that is about 7s. 5d., for this—Taylor and Robinson were using lead of this kind that day.
(John Saunders, Chapel-street, carpenter and blindmaker; John Harrison, of Gloucester-street, Clerkenwell; and Arthur Hudson a japanner, of Brunswick-street, gave the prisoner a good character).
GUILTY . Aged 33.— Transported for Fourteen Years.
3402. EDWARD JONES and BENJAMIN FAULKNER were indicted for feloniously breaking and entering the counting-house of William Ford, on the 19th of September, and stealing therein 44 metal cocks, value 15l.; and 1 brass plate, value 7s.; his property.
MR. BODKIN conducted the Prosecution.
JOHN SMITH (a prisoner) I was committed here to give evidence. I remember, the Friday before this occurred, seeing the prisoner Jones—I do not know much of him—I knew his little brother—he asked me to go with him and do a job—it was night—I said I did not do night-work, I had enough of working hard by day—I went home and went to bed—I saw him again on the following Tuesday morning, at about eleven o'clock—no one was with him—he asked me to go with him to chuck some pigeons up—I said I did not mind—he went home and said they were all out, and he could not do it—and he said, would I go with him across a field on an errand?—I went with him—he met him sister, and spoke to her—he then said, "I am going back now"—and he stood moving the mould about—
I stood looking at the barge, and asked him what he was doing there—he said he was looking for some things he had planted there, and that he had sold 23l. worth in Rosemary—lane, and somebody had sprung the plant—I suppose he meant that somebody had been and taken them—I said, "If you have been planting any thing there, I shall plant myself off: I am not going to get myself into a hobble for nothing"—Faulkner was not there—I did not see him till he was taken, nor did I knew him—whilst we were talking, a policeman came up and asked Jones what he was doing there—Jones said he had chucked some pigeons—he took us to a green—grocer's shop, and searched us there, and the good lady said she had seen Jones and Faulkner at five o'clock in the morning—when he asked me to go and do a job down the road, I said, "What job?" he said, "Come and see"—I said I liked my bed too well and went home—Mr. Ford's place is down the road.
Cross-examined by MR. PAYNE, Q. I suppose there are plenty of other people down the road? A. Yes—I said I did not want to get into trouble for nothing—I am a carman—I worked for Mr. Stones, but I have been our of employ four months—he did not tell me what he sold, nor where he got it.
WILLIAM FORD . I am a brass-founder. My premises are in East-lane, Limehouse—I have a counting-house there—I keep cocks there, and articles of that sort—my stock was all safe on Monday night, the 19th of September—on the following morning, at half-past six o'clock, I discovered my place had been broken open and robbed—I missed brass cocks and other articles, worth more than 60l.—the door was not forced—they got up the door, and broke in the fan-light and on the door were the marks of corduroy trowsers in climbing up.
MARY ANN JONES I live near Mr. Ford's, at the end of Limehouse, in Salmon-lane. On Tuesday, the 20th of September, I was up at half-past five o'clock, or rather earlier—I looked out of the window, and saw both the prisoners—I knew them before by sight—my window looks into a field—they were in the field, kicking mould about, right and left, as if covering something over—I afterwards pointed out the spot to the policeman—my lad, Henry Cole, went and found some of the property—the prisoners were under my notice form ten minutes before five till about six o'clock—Jones went away, and came again, in a flannel jacket, about eight o'clock.
Cross-examined. Q. Were you examined before the Magistrate? A. No, my husband was—he had left home at five o'clock—they said they could do without him here, because he did not know so much about it as I did—he has not been in any trouble since he had been my husband—I do not know what happened before—I have been married fifteen or sixteen year—he has never been transported that I know of—it he was he must have been very young
MR. BODKIN. Q. Has he lived with you ever since you have been married? A. Yes—I have a family we are green grocers and fruiterers.
HENRY COLE , I am in the service of Mr. and Mrs. Jones On the morning of the 20th, Mrs. Jones mentioned something to me about the field—I looked and saw the two prisoner for nearly an hour knocking the mould about with their feet—I went, after they had gone away, about six o'clock, or a little after and found some cocks and piece of metal—I gave them to my mistress, who gave them to the officer.
ROBERT PEARCE . I used to live with Mrs. Jones I now go about with things for myself—I lived with Mrs. Jones at this time—about five o'clock in the morning I saw the two prisoners in the fields kicking the mould about—I went to market with my master—I returned about eight o'clock and found three cocks and four keys—I gave them to my mistress, she gave them to the officer—I saw Jones and Faulkner kneeling down
Cross-examined. Q. How far is this place from where you were? A. About one hundred yards—it was not light—I saw Jones with his white flannel jacket on—I knew it was him because I heard the other boy say so—I knew it was him by him look.
COURT Q. Was it light enough for you to see them? A. Yes—they came up to the dunghill and wiped their trowsers and their shoes.
DANIEL DONOVAN (police-constable K 273.) In consequence of information, I went to the field on Tuesday the 20 the of September and saw the prisoner Jones in company with Smith in the field as the top of Salmon-lane, near Mrs. Jones's—Jones was walking with his head down and kicking up the mould with his feet—hearing that some brass cocks had been found, I went and asked him what he was doing—he said to fly some pigeons—Smith was walking with his hands in his pocket—I think some if the cocks were found after this—I took him to Mrs. Jones—she said she could swear to him as being there in the morning between five and six—he denied being there and said he was at home all night and did not get up till eight o'clock in the morning—Mrs. Jones called him by name—she said she did not know Smith—that he was not there in the morning—I took Jones to the station-house, and allowed Smith to go at large—I afterwards took him at the request of my inspector on the Saturday at a winevaults at the top to the Commercial-road—I found afterwards where he lived—he was about a quarter of a mile from his own residence—he made a communication to me—I did not look at the mark of the trowsers on the door.
THOMAS HOLMES (police serjeant K 12.) I produce some cocks and a plate which I received from Mrs. Jones—I took Faulkner on the 21st—I found on him a lucifer box of matches and a piece of tallow candle—he had corded trowsers on—I looked at the prosecutor"s door, and saw marks on it, which could have been made by such trowsers.
Cross-examined. Q. What kind of mark was it? A. It appeared as of the impression of corded trowsers from the top to the bottom, there was dirt and white and so forth, as if the trowsers had been wet or dirty and rubbed against the door.
JOHN SYMONDS . I am inspector of the K division of the police. Jones was brought and accused on suspicion of the robbery at Mr. Ford's—I asked where he had been the night previous—he said he had slept at his lodgings, and remained at home till between seven and eight o'clock in the morning
Cross-examined. Q. Are there any marks on them? A. These two I can swear to, and these others are my own manufacture—I saw them at twelve o'clock in the day on the 19th—I can say I saw these particular articles,
because the whole of them were gone on Tuesday morning—I have still lost about 30l. worth of property.
SMITH, GUILTY .* Aged 19.
FAULKNER, GUILTY .* Aged 18.
Transported for Fourteen Years.
ROBERT TAYLOR . I am a constable at the West India Docks. I stopped the prisoner passing out of the gate at six o'clock in the evening of the 21st of October—he had been employed as a lumper four days—I asked what he had got under his arm, he said a pair of trowsers—I looked at them, and found they were turned inside out—he said he picked them up on board the Sir Edward Hamilton—I said I would go on board and inquire—is going along he said he would tell me the truth, that he picked them up on the jetty alongside the vessel.
GUILTY . Aged 19— Confined Six Weeks.
HENRY ALLEN (police-constable N 250) I saw the prisoner, on the 22nd of October, loitering about the prosecutor's shop in the Liverpool road—he then stole this pillow from inside the door, and took it to the corner of Chapel-street, and then ran—I pursued and took him while he was stuffing it into this bag—he said he did not know what it was, that he picked it up.
Prisoner's Defence. I picked it up, and walked down Chapel-street—the policeman came, and I gave it him—I said I did not know what it was he was welcome to took at it—it is not feasible that a policeman would allow a person to take a thing, and go down another street before he stopped him.
GUILTY. Aged 26.— Judgement respited.
James Minns (police-constable G 4.) I apprehended the prisoner near the prosecutor's door, in Gray's Inn-lane—the prosecutor's daughter had taken the property from her then.
CAROLINE HOLMES . I am the daughter of Thomas Holmes—he keeps a broker's shop I was standing at the door while my father was gone with a bedstead—he came home, and told me this woman had got a piece of floor-cloth, and I went and took it from her—this is it.
THOMAS HOLMES . On the 17th I was gone to Brook-street, Holborn, with a bedstead, and while I was looking round for the number, I saw the prisoner with my piece of floor-cloth folded up in her arms—I pitched the
bedstead down, and ran home to find the truth of it—I told my daughter the prisoner had taken it.
Prisoner. Q. Did I not deliver the floor-cloth into your hands to sell it? A. No, you did not.
Prisoner. It was intrusted to my care, and I went to the shop to offer it for sale—I was in a public-house, and a woman came in with it in her hand—it was lost two hours before I had it.
GUILTY . Aged 40.— Transported for Seven Years.
3406. ANN MCGREGOR was indicted for stealing, on the 29th of September 1 watch, valve 1l.,; 1 watch-key, value 2d., 1 watch-ribbon, value 1d.; 6 sovereigns, and 7 shillings, the goods and monies of George Slater. The Prosecutor did not appear.
NOT GUILTY .
ANN ROSS . I am the wife of Aaron Ross. I have knows the prisoner between two and three years—she is a nurse at the London Hospital—she lodged with we a few weeks, I missed this property, but I had no suspicion of her till the duplicates were found on her—this is my property.
GUILTY . Aged 31.— Confined Nine Months.
Before Mr. Common Sergeant.
Prisoner. There was another with me who took them, and then you said I took them. Witness. So You did, and you dropped them just before I took you.
GUILTY . Aged 13.— Confined One Month; One Week Solitary.
RICHARD DAY . My father-in-law, John Anderson, keeps the Lamb public-house in Lambs Conduit-street. On the 27th of October the prisoner came in and called for a glass of ale—he left the house soon after,
and took the glass with him—I followed, and stopped him—he gave me the glass out of his pocket.
Prisoner. I was ill for a brain fever, and since then I have not been myself—I had two glasses of ale that morning, or the thing would not have occurred.
GUILTY . Aged 53.— Confined One Month; One Week Solitary.
Third Jury, before Mr. Common Sergeant.
3410. THOMAS QUINN and LAWRENCE SMITH were indicted for stealing, on the 27th of October, 1 watch-chain, value 1s., 2 seals, value 5s.,; 2 watch-keys, value 1s.,; and 1 ring, value 1s.,; the goods of Edward August Lovegren, from his person.
EDWARD AUGUST LOVEGREN , I am Captain of the Matilda. I was in Brown Bear-alley. talking to Elizabeth Welstead, about, midnight on the 27th of October—the prisoner Quinn came up to me, and all at once he got hold of my chain and seals, and snatched it from me—he said to me, "You d—d Russian!"—I said, "You are not wide awake enough to got my watch"—he went into a house, and Smith stood at the door—I wanted to go in and Smith knocked me down—he hit me in the eye, and that stopped me from going in—I called "Police", and in a minute and a half, or two minutes, the policemen were there—I went up stairs with them, and saw the two prisoner naked in bed—this is my chain and seals, I can swear—I am sure they are the same men.
ELIZABETH WELSTEAD . I live in Brown Bear-alley, East Smithfield. I was talking to the prosecutor, and Quinn came and snatched his chain and seals—Smith was standing two or three yards off—I cannot say whether he saw it—I saw the prosecutor run after Quinn—I did not see Smith strike him—I knew Quinn by seeing him about—both the prisoners live at No. 2, Brown Bear-alley—several more live in the same house—I live next door.
JAMES COOK (police-sergeant H 7.) I went tot he house, and took the prosecutor up stairs—he said he had been robbed of his chain and seals—I found the two prisoner in bed, quite naked—their faces were covered over, and they pretended to be asleep—I called the prosecutor, who identified Smith as the man who struck him, and Quinn as the man who robbed him—I secured their hands, and searched a box in the room, where I found the chain and seals which the prosecutor claims.
Prisoner Smith. A girl struck the prosecutor in the house where be was.
QUINN— GUILTY . Aged 21.
SMITH— GUILTY . Aged 21.
Transported for Fourteen Years.
CHARLES THORPE I am a patrol of Farringdon Without. I was in Fleet-street, on the 26th of October, at eight o'clock in the evening, and saw the three prisoners arm-in-arm—I knew them before—I watched them for about five minutes and saw them attempt several gentleman's pockets as
they walked along, Franklin in particular—I followed them to Ludgatehill—they there attempted a gentleman's pocket, but he turned into a house, and they were disappointed—they then turned back, and when they got on to the Kings and Keys, Yates partly took this handkerchief from a short gentleman's pocket, and when they got further on, Franklin took it quite out, and gave it to Smith—I seized them—Smith dropped it from under her shawl, and Franklin tried to put it down a grating with his feet.
Yates. I did not have it at all—if I did, why did not you seize me?
Witness. Yes, you drew it half out—I did not take you, because I was waiting to see which took it.
THOMAS KELLY . I am a watchman of St. Bride's. I was with Thorpe, and saw these prisoners at the end of Black Horse-court, Fleet-street—they crossed, following a gentleman to Ludgate-hill—they were disappointed—they then turned, and followed a gentleman up Fleet-street—Yates attempted to draw the handkerchief—the gentleman turned and put his hand to his pocket—Yates then gave it up—Franklin and Smith were arm in arm—Franklin then left Smith; and when they got a little further, Franklin took it quite out, and gave it to Smith—I followed the gentleman and asked him if he had lost any thing?—he returned about ten or a dozen yards—I then went to capture Yates, who ran across Fleet-street to the end of Water-lane, and then the gentleman was gone—he had said it was his handkerchief, but he did not come to the watch-house.
Franklin. Q. How was it you were able to go after the gentleman, and yet take this prisoner? A. I just spoke to the gentleman, and then ran and took Yates.
Franklin. He was gone five minutes. Witness. No, it was done momentarily.
Smith, to CHARLES THORPE. Q. Did you see me drop the handkerchief? A. Yes—I put my right foot on it, and kept it there till I got assistance to take them—I pushed them both against the railing, but I saw the handkerchief full from her.
Smith. I was by the curb, and this young man was against the rails—I was not near them—you dragged me to the railing, and then the handkerchief was on the railing—I never had it.
YATES— GUILTY Aged 25.
FRANKLIN— GUILTY Aged 18.
Transported for Seven Years.
SMITH— GUILTY . Aged 18— Confined Six Months; Three Weeks Solitary.
3412. JAMES TURNER and WILLIAM HARRIS were indicted for feloniously forging, on he 10th of October, a request for the delivery of 51 lengths of tin pipe, with intent to defraud George Douglas Alderson; against the Statute, &c.—2ND COUNT, for uttering the same, with a like intent.
THOMAS JONES . I am clerk to Mr. George Douglas Alderson, a leadmerchant. On he 4th of October Turner came to my master's warehouse to and presented this order—(read)—"Sir, Will you have the goodness to get ready 12 lengths of 1/2 inch tin pipe against our man calls for it. Thomas Sleight for George Dethridge. No. 4, Strutton-ground Westminster."—I know Mr. Dethridge, as a customer—I said we had not got that he had a large job in the country, and wanted pipe of all sizes, as he was fitting up a gin-shop—I delivered him, in consequence of that order
twelve lengths of 7-16ths, worth 3l. 15s. 1 d—he came again on the 6th, two days after, with an order for twelve lengths of 3-8 the pipe—he came again on the 10th of October, and brought this order; "Please to let the bearer have has many lengths of 16 ft. tin pipe as you can spare, as we want to send them off by the coach, and will oblige G. Sleight, for Geo. Dethridge. 4, Strutton ground, Westminster. 10 Octr. 1836"—I gave him thirteen lengths, of 3-4ths pipe, and some other lengths, amounting to twenty-six lengths, in consequence of this order—I delivered the goods to him—he came on the 12th with a horse and cart, and had twentyfive lengths—he inquired if Mr. Dethridge's pipe was ready—I let his have the pipes in consequence of these orders.
Turner. I was out of work, and a person I know said to me, "Turner have you a mind to go and get so and so, at Alderson's?—I said, "I do not mind going and fetching the goods"—when I got them, I met him and delivered them to him, supposing he took them to Mr. Dethridge's.
THOMAS SLEIGHT . I am clerk to Mr. Dethridge of Strutton-ground Westminster. The prisoner Turner was in out employ, as journeyman, and left in May last—these requests are neither my writing nor that of Mr. Dethridge's—I did not send Turner about the 10th of October for any pipe.
JOSEPH CARTER . I am an officer, On the 12th of October, at four o'clock, I stopped a cart with the two prisoner in it—there was no name on the cart—they both jumped out an tried to run away—I seized one, and another man took the other—I found this pipe in the cart.
Turner. He asked me for the number of the cart—it had fallen off, and I got inside to deliver it to him.
TURNER— GUILTY . Aged 19.— Transported for Seven Year
HARRIS— NOT GUILTY .
GEORGE BASCOMBE . I was servant to the Hon. Berkeley Paget. On the 17th of October I had this spoon safe in the pantry—on the 19th I was about to leave my situation, and was going to give up my inventory, and could not find this spoon—the prisoner was employed by a person who took the wash away.
JOHN AUSTIN ROBINSON . I am a silversmith and watchmaker—I live at Kingston-on-Thomas—the Hon. Berkeley Paget lives at Hampton-court. The prisoner tendered this spoon at my shop for sale on he 20th. of October, and the crest being partly obliterated, I asked him some questions—I then gave him and his brother, who came with him, into custody.
(James Walton, of Richmond, gave the prisoner a good character, and promised to take him into his employ).
GUILTY . Aged 15.— Confined One Month; One Week Solitary.
heard a noise—I got up, and asked who was there—a voice asked, "Is such a person as Mrs. Shaw in this house"—I said, "You know well she does not live here, get out of the passage"—I knew it was the prisoner's voice, by her going along the street selling water-cresses—the next morning I missed a gown and a pair of stays—I afterwards saw the prisoner, and asked if she took them—she said she had not got them—these are them.
JOHN RYAN . I am a police-sergeant I took the prisoner, and found these things in the room. rolled up in a bed, which the person who rented the room pointed out, between ten and eleven o'clock, on the 23rd of October.
Prisoner. I only slept three night in this house, and when the officer came, I told him where I lived—I did not keep the room—I was only a lodger.
GUILTY . Aged— Confined One Month.
JANE PEARS . I am the wife of George Pears. Mr. Cook bought a water-butt and pail of me—he gave me half-a-sovereign—I had got no change, and gave it him back again—I saw him gave it to the prisoner to get change—he went away, and never returned.
Prisoner. I was very badly off, and bought a pair of shoes, and did not like to go back.
GUILTY . Aged 54.— Confined Six Days.
MARY JACKSON . I live in Park-lane, Dorset-square, and am a dressmaker, but am in the habit of waiting on gentleman's families at present; I am waiting for a family to return from abroad, but I work at my business—I have seen the prisoner once or twice—his brother lived in the family where I did—I met him, on the 1st of September, in York-place—I passed him, and he spoke to me—we walked and talked together and went to a police-house—he walked to the door of my house with me, and snatched my parasol out of my hand, and ran away—I went only a few yards from the door, as I expected he would return it, but he did not—it was half-past ten o'clock when I saw him, and past eleven when he left me at the door.
Cross-examined by MR. BODKIN. Q. I believe you were friendly with him that night? A. No—he took liberties with me at the door—there was some struggling there—he used me very roughly at the door—I had a bag and my parasol—I believe I stood against the door through his taking liberties with me, till the people opened the door—some one in the house called out, what was the matter?—they heard me wrestling with him, and pushing him away—I do not remember, perhaps, all that passed—there was nothing about kissing—I did not drop the parasol—we did not run different ways on the door opening—I have not the slightest notion
that he intended to steal my parasol—it was the shop-door, not he door which I go in at.
COURT. Q. Was he authorized to pledge it? A. No—I had not seen the prisoner for a year and a half before.
SAMUEL TATO (police-sergeant, D 11.) At one o'clock on the morning of the 11th of October, I found the prisoner at No, 5 York-place, Portman-square, charged by Mr. Hoare, the banker, with being concealed in the servants' hall, under one of the beds—he was naked, excepting his shirt—I asked him about Mary Jackson's parasol in the office-yard—he said it was pledged at the corner of East-street, Paddington-street, for 1s. 6d.
Cross-examined. Q. Did he not say it was dropped when they was disturbed? A. Yes and that he would get it again.
NOT GUILTY .
EDWARD DREW . I live in Marchmont-place, Russell-square, and as a labourer. Between eleven and twelve o'clock, on the night of the 16th of October, I met the prisoner, and walked with her along Holborn—she followed me, and squeezed her hand round my middle, and took all my money out of my pocket—I had three shillings, one sixpence, one half-crown and threepence in copper—I followed her till I saw a policeman and gave her in charge.
Prisoner. You asked me to go and have something to drink, you asked what I would take, and I told you a drop of porter. Witness. Yes, I gave her a share of a pint of half-and-half to get shot of her, and then I cut away from her—I did not ask her to have some more.
Prisoner. You asked me to go home with you, and I said, "You had better go home to your wife, "and you said she had been buried two years, and wanted me to go home with you. Witness. No such thing; my wife has only been dead one year.
WILLIAM HENRY ENGLISH (police-constable E 20) I saw the prosecutor—he gave the prisoner in charge—he said she had robbed him, and put the money into the mouth—she did not answer a word—I took her to the station-house—I found 8s. 2d., in her mouth—I did not find any half-crowns in her mouth, but I found some about her—she said it was her own hard earnings—the prosecutor was sober.
Prisoner's Defence. He came after me and caught me by the petticoats, I said was he not ashamed of himself—he gave me in charge, and said I had robbed him of seven shillings, and there was a half-crown among them, I took the money out of my mouth, and showed it to the officer.
GUILTY .* Aged 30— Confined Three Months; Three Weeks Solitary.
JAMES THOMPSON . I am a clock-maker, and live in Castle-street, Cambridge, I was going along Oxford-street on the 23rd of October, and felt a jerk at my pocket—I turned and saw the prisoner, with my handkerchief—he dropped it—I took hold of him—he said, "Let me go, I have got nothing of Yours".
Prisoner. I and my brother were on your left hand, and there were other boys on the other side—you turned and saw your handkerchief on the ground, and laid hold of me.
GUILTY . Aged 17.— Confined Three Months; Three Weeks Solitary.
OLD COURT.—Monday, October 31st, 1836.
Second Jury, before Mr. Sergeant Arabin.
MESSRS. SCARLETT and ELLIS conducted the Prosecution.
WILLIAM HOWARD LONG . I am the son of James Long, and drive a car for him. On the 20th of September I was in Tottenham-court-road—the prisoner and one Owen came to me and asked what I would take them to the Angel at Islington for—I told him for 1s—they then got in—as we went along, the prisoner asked if I had got change for half-a-crown—I said no—he then said, "What will you take me to the City-road-bridge for?"—I said "18d."—he said, "Then give me 1s"—which I did, and put the half-crown into my pocket—I drove to the Angel, and Owen got out—I drove the prisoner on to the City-road-bridge—he got out, walked a little way, and then ran, which made me look at the half-crown—I thought it was bad—I had no other—I bit it, took it home, and put it on the mantel-shelf—next morning when I came home, my mother said it was a bad one, and gave it to the officer.
Cross-examined by MR. CLARKSON. Q. How long elapsed between your receiving the half-crown and producing it to any one? A. Two days—I had been out with my cab in that time, but I did not take the half-crown with me—I had it in my pocket the day after—I had six fares that day, but I am sure I did not take a half-crown—it is very seldom I take one—I said before the Justice that I did not exactly know Cooper but I thought he was the man—I had never seen the prisoner before.
MR. ELLIS. Q. When did you mark the half-crown with you teeth? A. The name night, before I took the other fares—it was taken to a butcher's stop, and marked after it came from there—I had marked it before it went.
ELIZABETH LONG . I am the mother of the last witness—he came home, on the 20th of September, with a bad half-crown, and laid it on the mantelshelf—it laid there till next morning, when I sent my eldest son to fetch me in some errands—he came back immediately with it—it was cut on the side when it came back—I saw no mark on it before it went—I did not examine it—I laid it on the mantel-shelf again till dinner-time, when I gave it to my son William, and told him it was bad.
Cross-examined. Q. Did you not say your son brought you home a
bad half-crown? A. Yes—he did not tell me it was bad—I sent it out to buy goods.
JAMES LONG . I am the son of the last witness—I got a half-crown from her, and took it to a butcher's shop—they cut it with a knife, and returned it to me as bad—I took it home, and gave it to my mother.
Cross-examined. Q. Did you put it into the butcher's hand? A. Yes—he did not show it to any neighbour—he lives in Tottenham-court-road—he was a stranger to me—I went for some suet—his wife saw it—he did not compare it with other money—he said he dare say it was my own making.
MICHAEL ROURKE . My father sells fruit. On the 20th of September I was in Tottenham-court-road, and a cab man asked me to feed his horse—I said I would—I saw the prisoner and the other, and asked them if they wanted a cab—they made no answer, and I asked them again—they got into Long's cab—I rode behind it, as I expected it was a bad half-crown—I saw them give him the half-crown in Tottenham-court-road before he started, and saw the change given—I saw Owen get out at the Angel, and the other at the foot of the City-road-bridge—he walked a little way, and then ran as fast as he could.
Cross-examined. Q. What sort of a day was it? A. Very wet.
MARTHA BERRY . I am a widow, and keep a shop in George-street, On the 22nd of September, between eight and nine o'clock in the evening, the prisoner came to my shop for a pint of damsons, which would come to threepence—he gave me half-a-crown, and I gave him change—the instant he went out I found it was bad—I looked out, and saw him join two men outside the door—I know one of them to be Owen, who was apprehended—I fastened my shop-door, and went to a policeman—as I came back, Owen was at the door and told me he had been ringing at the bell a long time—he wanted fourpenny worth of apples—I was going to serve him—he put his hand into his right-hand waistcoat pocket, I watched him, knowing him again—he then said he would call again, and did not buy any thing—I went out again, and left the half-crown in my pocket, which I had taken off and put into the shop—I had no other half-crown there—I marked it, and gave it to the policeman—before I gave it him, Cooper tried to snatch it out of my hand.
Cross-examined. Q. On which side do you keep you copper? A. The left hand, and the silver on the right—I showed the half-crown to two policemen—I only put it into the hand of one policeman—there were several persons in the shop, but they did not have it in their hands.
THOMAS GREEN . I am a policeman. On the 22nd of September Mrs. Berry came out and pointed out the prisoner and two others in Tottenham-court-road—she said the prisoner had given her a had half-crown—I took him and Owen—the other one ran away—I took them into Mrs. Berry's shop, and searched them both—I found 15d. in copper on the prisoner—Mrs. Berry gave me the bad half-crown—I put it on the shelf at the station-house, and the prisoner made a spring over the bar to get hold of at—that was the third attempt he had mad to get it—I then put it into my pocket—on the 23rd of September I received a half-crown from Long—I produce them both—Owen was discharged.
GUILTY . Aged 21.— Confined One Year.
WILLIAM BECKMAN , I am a publican, and live in Great Wild-street. On Tuesday morning, the 27th of September about a quarter before eight o'clock, the prisoner Hall came into my house before the bar, and called for half a pint of beer—I drew it—he drank it, and threw a 6d., down—I did not look at it, but threw it into the till—the beer came to 1d—I had two shilling in the till, but no sixpence—I gave him 5d. change—Collins came in and spoke to me, and I took the sixpence out—Docking came in in about a quarter of an hour or ten minutes, and called for half a pint of beer—he threw down sixpence—I looked at it, and found it was bad—I said, "You have passed a had sixpence on me, "and detained him—I kept it in my hand till policeman and Collins brought Hall back—I then gave Wilson the same sixpence, and the one I first, took, to Colline—I said to Docking, "You own me 1d.," and he said, "I have only got 1/2d. in my pocket"—I did not give Docking change—I marked the sixpence he gave me, and gave it to Wilson.
Hall. I did not go into the shop at all; when the policeman fetched me back he did not know me, and asked where the man was who had offered him the counterfeit 6d. Witness. He stood behind the policeman and I did not see him at first—I said, "He is the name person."
JOHN JOSEPH COLLINS . I am servant to Mr. Beckman, On the 22nd of September I was cleaning the brass-plant at the door—the prisoner Hall came and looked into the shop, then passed by me and went in—I thought I heard a sixpence jink on the counter—directly the prisoner was gone my master showed me a bad sixpence—I went after Hall, and saw him about two doors from my master's—he went up to the top of the, street and joined Docking—they spoke together and walked down Drury-lane to Prince's-court, within two doors of my master's house—they then walked to the end of court—Hall stopped at the top, and Docking went down the court—I waited till a policeman came up—I told him, and gave Hall into his custody—I had sixpence in my hand at the time, and gave it to the policeman—I marked it first—I went to my master's shop, and he was there with Docking.
Hall. It was not marked till it went through four or five policeman's hands at the station-house. Witness. I swear it was marked when I gave it into the hands of a policeman—I hid myself in a doorway, and when the policeman came by I gave him into custody.
JOHN WILSON (police-constable F 10.) On Tuesday morning the 22nd of September, I was on duty in Drury-lane—Collins gave Hall into my custody, and gave me a bad sixpence, which I produce—I searched Hall, and found 14d., in copper money, in two pockets—I took him down to took him in charge—I searched him, and found two half-pence on him in different pockets—I received a bad sixpence from Beckman, which I produce—I know it by this mark on it.
Hall. Q. When I was taken back to the shop, did the prosecutor know me? A. I did not been the publican say he knew him, but Collins said he was sure it was the same man—I did not notice that Beckman said any thing about him—Hall said he had never been in the house, and it was a mistake, but Collins said he was sure of him—Beckman did not ask where the prisoner was when the prisoner was there—the sixpence was not marked when Collins gave it into my hand—I told him to mark it—he did
so in my presence, at a shoemaker's, in Drury-lane, before I took him to Beckman's—he marked it again at the station-house.
JOHN JOSEPH COLLINS re-examined. I made a slight dent in it with my teeth before I gave it to the policeman—the officer directed me to mark it—it was marked three times—I cannot see the mark I made now, but I know it was marked.
MR. FIELD. These sixpences are both counterfeit, and have been cast in the same mould—they are made of Britannia metal spoons.
HALL— GUILTY . Aged 24.—
DOCKING— GUILTY . Aged 18.
Confined One Years; the last West Solitary.
ELIZA JANE AUSTIN . I am the wife of William Austin, who keeps the White Hart Tavern in Abchurch-lane. On Saturday afternoon, the 1st of October, between three and four o'clock, the two prisoners came in and asked for a pint of half-and-half—I served them—they gave me a five shilling piece—I am not quite certain which of them gave it me—I detected its being bad immediately—I threw it back to them, and said it was a bad one—they said they were not aware that it was had—I think it was Forbes said so—one of them said he had some halfpence, and gave me 2d., and the other gave me a halfpenny.
Cross-examined by MR. DOANE. Q. Can you say whether either if them appeared as if he had been drinking? A. I thought they both had—I gave the crown to them again.
HENRY CABLE I am a waiter at Mr. Austin's tavern. I saw the prisoners in the house between three and four o'clock—I did not see them tender any money—I was standing at the bar, and saw Forbes with a piece of money in his hand, rubbing it between his fingers—I was about two yards from him—I considered it was bad—I told them they had mistaken the house; that we had too much bad money tendered there, and that they had better he off, or I should cause them to be removed—I were round, and Forbes had the crown-piece in his hand—I went into the coffee-room with something, and came back to give them in charge—I saw Forbes come out into the churchyard—the other prisoner crossed the yard, and they both left together—Forbes shook his fist at me, and said how he would serve me if he could me over the way—Taylor did not leave the house till Forbes returned for him.
EMMA CIVIALL . I live at the Basing Tavern, Basing-lane, kept by Mr. Philpot. On the afternoon of the 1st October, between four and half-past four o'clock, the prisoners came into the house together—Tomkins asked for a pint of beer—I served him—he said, "You have drawn me boor—I said, "Yes, you asked for beer"—he said, "I did not; I asked for half-and-half"—I changed it for him—he offered me a good crown-piece—I was going to give him change—he said, "Stay a moment, I have three-pence"—I returned him the crown-piece, and he put it into his pockethe felt in his pocket, and then said he had not so many halfpence as he thought he had, and gave me a bad crown-piece—I told him it was had, and I should wish him to give me the first he offered—he said it was a good one, and I did not know bad money from good—I told him I was accustomed to take a great deal of money, and was confident it was had, and would go and inquire—I went and showed it to Edwin Blunden—I took it in again, and said, "You had better pay me good money, and take
it away and don't come again and offer had money here, for I know bad money from good, though you say I do not"—Bates and Blunden, the officers, came round, and directly the prisoners saw them, Taylor attempted to snatch the crown-piece from my hand, and he got it from me—Forbes ran into the street—Bates had got Taylor, he struggled desperately to get away, and I saw him drop the crown-piece from his hand—Bates picked it up.
Cross-examined. Q. Did you not say before the Magistrate, you yourself gave the crown-piece to the officer? A. I did—that was a mistake—I had never been before a Magistrate before, and felt confused—that was at the first examination—I was examined twice—I received a half crown from Bates, marked it, and returned it to him—that was after the scuffle—I had shown it to Blunden before, but he returned it to me without my losing sight of it—the prisoners were not present then.
EDWIN BLUNDEN . I am a sergeant of the City police. I was on duty in St. Swithin's-lane, on the 10th of October, and met Civiall—she showed me a crown-piece and asked me if it was a good one—I marked it, and returned it to her—I told her it was bad, and that I would come round to the bar door, where the prisoners were—I did so, and found them both there—Taylor was trying to take something out of Civiall's hand—I did not see him get it—Forbes was standing by the side of him, and was just going off—I sent for Bates—I seized Forbes—Turl the inspector searched him, and found a good five-shilling-piece on him.
ROBERT TURL . I am a police inspector. I assisted in taking the prisoners into custody—I saw Blunden and Forbes scuffling together in St. Swithin's-lane—I came to his assistance, took Forbes to the Mansion-house, searched him, and found a good half-crown in his breeches pockets—he behaved very violently—we were obliged to tear his clothes off his back in order to secure him—I found a duplicate on him. and the key of a door—he gave the name of William Forbes, and gave his address—I went and searched where he said he resided, and found in his box some cards with the name of William Forbes on them.
JAMES BATES (City-policeman 7.) I went to Philpot's house to assist my brother officer—as I went to the door, Taylor was just coming out—I said, "Catch hold of him"—I knew him—at that moment I saw Taylor make a snatch across the counter—I could not see what he got—I seized him—he struck at me, and we had, a desperate struggle—he put his hand to his mouth—I seized him by the throat and held him—I saw him drop the crown-piece out of his hand—I found on him a sixpence four penny pieces and a knife.
Forbes's Defence. I was greatly intoxicated at the time; I had no felonious intent; I had two crown-pieces; I was not aware that either of them were bad; as to asking for it back again, I really thought I had halfpence enough; I put it into the pocket where the other was, and of course I did not know which I took out.
GUILTY . Confined One Year; last Week Solitary.
MARY ANN HOBBS I keep a chandler's shop On the 7th of October, the prisoner came for 1/4oz. tobacco, and gave me a shilling—I gave him change—I put the shilling into the till—there were no others there—I did
not observe that it was a bad one—it was offered in the evening to pay for some candles, and found to be bad—I put it on the shelf until the 20th, when the prisoner came again and asked for a herring—I recognised him—he gave me a shilling—I saw it was bad—I put it into my mouth and bit it, and was convinced it was bad—when he saw me do that, he said he had got 1 1/4d. which he could give me for the herring—I refused to return the shilling—he attempted to go out—I got round the counter, stopped him, and called for assistance—a person came, and a policeman was sent for—the prisoner said the shilling was not a had one—I gave the shilling to the policeman, with the other shilling which was on the shelf—the prisoner struggled to get away.
Prisoner. The shilling was shown about to several people. Witness. It was not out of my hand—he struck me several times and resisted—it was as much as the people could keep him in custody—they did not treat him roughly—he wanted me to give him the shilling—I would not—when he found he could not get in from my hands, he flew at me, and beat me in my stomach—it was as much as three man could do to separate him from me—I offered the first shilling in payment for the candles myself in my own shop—it was never out of my sight.
WILLIAM MEDHURST . On the 20th of October I was passing Hobbs's shop—there was a crowd there, and she called me in—I saw the prisoner by to wrench the money out of her hand—I and two more prevented him—he made a great struggle.
Prisoner. I did not want to be kept all day from my work, and said, "Why don't you take me to the office? "One of the men said—"Shake him well." Witness. I heard nobody say so.
MR. FIELD. They are both counterfeit, and from the same mould.
Prisoner. I deny being there at all on Monday. On the Thursday I went there—I did not believe it was a bad one.
GUILTY . Aged— Confined One Year.
CHARLES BUNDOCK . I keep a dining-room in Bishopsgate-street, On the 8th of October, Dixie came and asked for a 1/4 lb. of beef to be cut all lean, as he wanted it for a gentleman at a public house to eat with some ham—he gave my wife a shilling, and she put it into the till—there were two other shillings there—the officer came in before the prisoner had the change—In consequence of what passed, I looked into the till and found two shillings which I had left there, and a bad one besides—I am positive that previous to the prisoners coming, the two shillings in the till were good—I had looked at them three minutes before—I bent the bad one, and gave it to Pamphlett the officer.
Dixie. He was three boxes away from me. Witness. I was sitting in the first seat from him, very close to him.
DANIEL PAMPHLETT . I am a policeman, On the 9th of October I saw the prisoners together at the corner of New-street, within three doors of Bundock's shop—I watched them for three quarters of an hour—I saw Dixiepull off his coat and give it to McIam, he then went several times towards Mr. Bundock's, and then went into the shop—I followed him in, and asked Mrs. Bundock if it was a good shilling the man had given her—Mr. Bundock came forward, looked into the till, and said, "No, it is a bad one"—he gave it to me—I got Sessions to assist me, and took Dixie to the station-house.—I
locked him up, and came out, and just by Bishopsgate church, saw McIam with a coat under his arm—I said, "What have you under your arm?"—he said, "A coat; I have just picket it up, I have not stolen it"—I took him to the station-house—he dropped something from his hand—we picked it up, and it was a paper with three shillings in it—I am positive he is the man I saw with the other prisoner.
McIam. He did not see me in company with the other; when he took hold of me, he said, "Halloo, what is that?"—I did not know what they meant—they stooped down—another gentleman came up and pretended to pick up something and give him—they said, "It is all right, come along," and they took me to the Compter—I never saw the other prisoner till I was at the station-house. Witness. It is quite false—I watched them for a quarter of an hour, and took off my coat, not wishing to be recognised.
JAMES SESSIONS . I went over to Bundock's shop, when I saw Dixie go in and took him to the station-house—I came out with Pamphlett, and asked him if he should know the other man who had escaped—he said he thought he should—I said, "That is the man, over the way, I dare say, for he looks very shy at me"—Pamphlett went over, caught hold of McIam, and said, "This is the man, with the coat under his arm—as he walked about five yards I saw him throw the three shillings down by the side of the curb—I stooped to take them up—a boy took them up, and put them into my hand—there was a small piece of paper between each of them.
McIam. It is false—he did not see me drop them—I had not had them—a gentleman picked something up, and gave to them. Witness. I am positive I saw him throw them down—Dixie said the coat was not his, but, on putting it on, it exactly fitted him—when his mother came to the Mansion House, she said to him, "What have you done with your coat?"—he said "I had no coat, it was a jacket"—he said he had left it at the public-house, but we could find no coat there—he said a man was waiting for him, with some turpentine to clean it, but we found nobody there—he could not tell the sign.
MR. FIELD. These shillings are all four counterfeit, and produced from the name mould.
McIam's Defence. I never had any thing about me—I was not is company with this man at all—they have taken false oaths, and in the course of time they will no doubt be found out.
Dixie's Defence. I never saw this prisoner before—it was a good shilling I gave the lady—I had come from Acton, and was going to America—I had a new fustian jacket on, and got some paint on it—I went to a public-house with a man, took off my jacket, and shows it to him—he said, "It will come off with spirits of wine"—he sent me for a quarter of a pound of beef—I left my jacket in his care, and went over to the shop; and as the lady was giving me change, the policeman came in, and said it was a bad shilling—she pulled out a bowl with other silver, and they picked out this shilling.
MCIAM— GUILTY . Aged 19.— Confined Eighteen Months.
DIXIE— GUILTY . Aged 19.— Confined Six Months.
WILLIAM HENRY HEWITT . I am assistant to Mr. Glover, a chemist in George-street, Tottenham-court-road. On the 20th of October, about eight o'clock, the prisoner came and asked for a pennyworth of ointment—she offered me a shilling, for which I gave her a sixpence and 5d., in halfpence—after she was gone, I discovered the shilling was bad—I told Johnson of
it, and described her person to him—he went out, and said a person of that description was standing close by the public-house—we went out together, but she was not there—I took particular notice of her—I gave the shilling to the servant-maid—I saw her again on Monday, the 221st and I recognised her immediately as having come on the 20th—I swear it positively—she asked for an ounce of salts, which I gave her, and she tendered me a had shilling—I told her it was had, and asked if she had been there the night before—she said, no, and that she had the shilling from her mistress, who lives at No, 6, Rathbone-place—she threw the salts on the counter, and said she would not take them—I gave the shilling to the boy, and told him to accompany her to her mistress, to show her mistress the had shilling—he went out with her for that purpose—he did not return directly, and I went to the station-house, and found her and the boy there—I saw both shilling given to the policeman—I sent the boy back to the shop for the first shilling and he brought it to the station-house, gave it to me, and I gave it to the policeman.
WILLIAM JOHNSON . I am errand-boy to the prosecutor, I was in the shop on the 20th, when the young woman came for a pennyworth of ointment—I did not see her, as I was behind the counter—as soon as she left the shop I went out in search of her, and saw the prisoner standing near a gin-shop, about fifty yards from the shop, in company with two woman—as I passed, she said to me, "I hope you will know me again"—I knew her voice again, and believed her to be the same woman—I was in the shop next morning when the prisoner came in, and I knew her to be the one I had seen by the gin-shop—Mr. Hewitt gave me a shilling, and desired me to go with her to No.6, Rathbone-place—when we had got half-way down Charlotte-street, a young man came up, and said to her, "Well, Poll, what in the matter?"—she said, "Mistress sent me for a pennyworth of salts, and gave me a bad shilling, and this young man is going with me to mistress"—the young man held out his hand, and said, "Let me look at it"—I said, "No; that won't do; we shall have no evidence against her then"—he said, "I will knock your b—head off,—I ran after her, and gave her thousand custody—master sent me from the station-house to the shop, to the servant maid, for the first shilling—she gave me one, which I took to the station-house and gave to Mr. Hewitt—I gave the other shilling to the officer.
Prisoner. The young man never spoke to me, and I did not run at all, but stood still. Witness. He came up, and spoke to her, as I said—he pushed in between us—she was running when I took her.
ELIZABETH ANTROBUS . I am servant to Mr. Glover. On the 20th of October, Mr. Hewitt gave me a shilling—I kept it till I gave it to Johnson—it was on the kitchen-shelf by itself—nobody knew where I put it—it was not visible—I am certain I gave him the same—I had marked it myself.
JOHN DENNIS DOWLING . I took the prisoner into custody—I asked her where she lived—she said, "No where"—I could not find out where she resided—Mr. Hewitt gave me a shilling, and the boy another, which I produce.
Prisoner. When the officer came up, I was walking gently with the boy. Witness. She was in custody of the boy, who had hold of her—there was no attempt to get away when I saw her—Mr. Hewitt marked the shillings at the station-house.
MR. FIELD. These shillings are both counterfeit, but not from the same mould.
Prisoner's Defence. I never said, I got it from my mistress—I had no mistress—I did not know that there was such a place as Rathbone-place.
GUILTY .* Aged 17.— Confined Six Months.
THOMAS CHARLES JEPPS . I lived at the British Coffee-house, in Cockspur-street. On the 29th of September about six or half-past six o'clock in the evening, the prisoner came there and asked for a penny worth of gin—I served her—she gave me sixpence—I told her I thought it was bad, I took it to Mr. Element, my master, and gave it to him—the prisoner was taken into custody.
MARY ROBERTSON . I attend at the police station-house—on the 29th of September, when the prisoner was brought there, I searched her, and found eightpence halfpenny in copper on her—she had one or more coins in her mouth, which she swallowed.
MARY JENKINS . I live at Mr. Brett's a publican in Drury-lane. On the 13th of October the prisoner came there with another woman—I served her with three-halfpenny worth of gin—she tendered a bad shilling—I sent for Mr. Brett, and gave it to him.
MR. FIELD. I have examined the shilling and sixpence—they are both counterfeit.
Prisoner's Defence. I sell fruit in the street, and took them, not knowing they were bad.
GUILTY .* Aged— Confined Six Months.
KETURAH DANIELS . I keep a small fruiterer's shop, in Mary-street, Poplar, The prisoner came about half-past eight o'clock in the evening, and asked for two stay-laces—I served her with a penny lace, and she gave me a shilling—I gave her 10 1/2d. in pence, and two farthings, change, and put the shilling into my pocket—I had no other there—I gave it to Mary Ann Eve, to go to Mrs. Phillip's to get some ten and sugar—I observed a mark on the edge of the shilling before I gave it her—next day Mrs. Phillips showed me a shilling, and she bent it—I can be on my oath that the same shilling as I took from the prisoner I gave to Eve.
Prisoner. I was never in her shop at all. Witness. I am confident of her, and I pointed her out at the station-house.
MARY ANN EVE . I live with my grandmother. She sent me with a shilling to get some sugar and butter—I went to Mr. Hitch, and offered the shilling to him—he said I must take it home, for it was not a good one—I then took it to Mrs. Phillips, and she said it was bad, and put it on a shelf in the window—I then went home to my grandmother.
Prisoner. She told her grandmother, at the station-house, that I was not the person. Witness. That is not true, I said she was the person.
ELIZABETH STORT . I keep a green-shop, in Granby-street, Poplar. On the 18th of October the prisoner came and asked me how I sold my herrings—I gave her a 3/4d. one—she gave me a shilling—I had not change for it, and I said to my daughter, "Eliza, go and get change for a shilling"—she went and got change, and brought a policeman—as soon as the prisoner saw the policeman, she clapped the herring down—my daughter found the shilling was bad, and ran and fetched the officer—I did not look at it myself.
ELIZA MURTON . I am the daughter of the last witness. I saw the prisoner give her the shillings—I took it to Mrs. Gates at the corner, and she gave me six penny pieces and a sixpence—she laid the money down, and I laid the shilling down—I told her to jink it, to see that it was good, as I thought it was bad, as the sixpence she laid down did not correspond in colour with the shilling—she jinked the two, and I said, "I do not think it is good, give it to me"—I bit it, and said, "It it bad"—I went and got Eusam, the policeman gave him the shilling, and took him to my mother's where the prisoner was.
THOMAS EUSAM . I am a policeman, In consequence of information from Murton, I apprehended the prisoner—I asked where she lived—she said, "No, 10, High-street, Poplar" which was about half a mile off—I said she had come a long way to buy a herring—she then said she came to see a friend—I asked who her friend was—she hesitated, and then said, "What odds is that to you?"—I went to No. 10, High-street, Poplar, by the Inspector's orders and found the address false—the Magistrate next day told her to show me where she live—I took her nearly to the George in the Commercial-road—she then said she did not live at Poplar, and it was no use to take me further—I have the shilling.
MR. FIELD. The shillings are both counterfeit, but not from the same die—they are Britannia metal.
Prisoner's Defence. I had taken the shilling somewhere on Saturday night—I cannot recollect where—as to the first shilling, I never saw the woman before she came to the station-house—I gave a wrong address, not wishing it to be known where I did live.
MRS. DANIELS re-examined. I live nearly a quarter of a mile from Stort's—I cannot be mistaken in the prisoner.
GUILTY . Aged 26.— Confined Three Months.
THOMAS BATCHELOR . I live with Mr. Green, a Cheesemonger, in Berwick-street, Oxford-street. On Tuesday evening, the 25th of October, between six and seven o'clock, Clark came, and asked for a penny egg, she gave me a shilling, which I took to my aunt in the parlour, and gave the prisoner sixpence in silver, and fivepence in copper.
gave it to him—it had been laying on a large book—I marked it before I gave it to him—I am certain it was the one Batchelor gave me.
SARAH JOHNS . I live in Brewer-street, Golden-square, about ten minutes walk from Berwick-street. On the evening of the 25th of October, Clark came in about seven O'clock, and asked for a quarter of a pound of moist sugar, which came to 2d., and offered me a shilling—I told her it was very bad—I gave it to my husband, who bruised it with a weight, returned it to me, and I gave it back to her—she said she did not know it was bad, and went away, leaving the sugar.
GEORGE STONE . I am a policeman. On Tuesday the 25th of October, I was in Berwick-street, between six and seven o'clock in the evening, and saw both the prisoners in company, close by the pawnbroker's—they turned up a turning—I saw Williams give Clark something—she crossed the road, and he went down the other side of the way—Clark went into Green's shop—Williams stood right opposite the shop windows, on the other side of the way—she came out and walked about thirty yards, Williams followed her—he whistled, she looked back, and then he crossed over and joined her—I saw her give him something and both walked together to Brewer-street—I there met Chapman, another constable, and pointed them out—they separated again, and Clark went into Mrs. John's shop—Williams walked on ten or a dozen yards, and could not see what passed in the shop—when Clark came out she jointed him—they went towards Regent-street, and separated again—I then secured Clark—I heard something rattle in her month, in the Haymarket, and took a shilling from it, and she gave me two more—she said a man in a smock frock gave them to her, and begged me to let her go—Williams had a smock frock on—when I got to the station-house I found him there—I took Clark to Mrs. John and inquired what she went there for—she recognised the woman, and pointed out one of the three shillings as the one she had offered her for the sugar.
DANIEL CHAPMAN . Stone pointed my attention to the prisoners in Brewer-street—I followed, and saw them separate apposite John's shop—I saw Clark go in there—after she came out they jointed—went down Sherrard-street, towards Regent-street, to the bank of the County Fire Office—I there saw Williams give Clark something, and then they separated—I took Williams into custody in Tichbourne-street, about twenty yards from the Fire Office—I had seen Clark go into the sugar-shop—he was about twenty yards from the shop, and could see her come out, but could not she what she was doing inside—she jointed him when she came out—I found two good sixpences in one of Williams's pockets, and sixpence and fivepence in halfpence, and an egg in his other pocket—I received a counterfeit shilling from Mrs. Green.
MR. FIELD. These shillings are all four counterfeit, and all impressed from one mould.
Clark's Defence. The prisoner gave me to money, and asked me to go to the shop for the thing—I gave him the egg, and he told me to go on.
William's Defence. She had not the money from me. The officer told her to swear I gave them to her, and she told the last prisoner if she could convict me she would.
CLARK— GUILTY. Aged 16.—Recommended to mercy.
Confined Eight Days.
WILLIAMS— GUILTY . Aged 31.— Confined One Year;
Last Week Solitary.
NEW COURT.—Monday, October 31, 1836.
Third Jury before Mr. Common Sergeant.
3428. THOMAS GOULDING was indicted for stealing, on the 20th of October, 12 knives, value 11s.; 12 forks, value 5s.; 60 spoons, value 7s.; 7 candlesticks, value 14s.; 2 pairs of snuffers, value 3s.; 3 snuffer-trays, value 4s.; 4 egg-cups, value 2s.; 3 centre-bits, value 8d.; 8 chisels, value 1s.; 2 locks and keys, value 1s.; 1 pair of curling-irons, value 8d.; 1 pepper-box, value 10d.; 1 flat-iron, value 10d.; 2 pairs of scissors, value 1s. 6d.; and 3 tea-pots, value 15s.; the goods of Charles Weatherly, his master; and MARY GOULDING for feloniously receiving the same, well knowing them to have stolen; against the Statute, &c.
CHARLES WEATHERLEY . I keep an ironmonger's shop in High-street, Islington. Thomas Goulding was in my service—I received information, and gave him into custody—I then proceeded to his mother's lodgings, and, after searching some time, we found these various articles in her cupboard—the apartments were occupied by the prisoners as well as his mother—I found, at Mr. Smith's, six ten-spoons, one pepper-box, one flat-iron, and 2 pairs of scissors—I am able to swear to the whole of them.
Thomas Goulding. The curling-irons are not his—I bought them and the spoons—I paid for them at so much a week. Witness. He had two or three articles, but I do not recollect that he paid for any of them—the pepper-box, and scissors, and knives and forks, I can positively swear to as not having been sold.
HENRY ALLEN (police-constable N 250.) I went with the prosecutor to the house of the female prisoner—as I was going up stairs I met a female, I believe the prisoner's daughter—she ran back directly—I followed her into the room, and got up in time to see the female prisoner and the other female huddle something into a cupboard—I searched in some other places, and said I wanted to search in that cupboard—she said she could assure me there was nothing in that cupboard—I had known her so many years, and she pretended to search herself, which put me off my guard—I told her I must search, and then I found these things under some sauce-pans—I found some duplicates in the place, relating to other property, some under pots and kettles.
Mary Goulding. I never pledged them at all myself. Witness. Yes, she did—the last things were on the 20th of October—I was cautious, and asked her a great many questions—she said they belonged to Mrs. Boroughs. of No, 2, Felix-place, Liverpool-road, who did not like to come herself.
WILLIAM HUMPHREYS . I am in the service of Mr. Goodburn, a pawnbroker. I produce three tea-pots and some candlesticks—I took in this pot and these candlesticks of the female prisoner—the others I did not take in—she said one pair was for herself, and one for her sister.
Mary Goulding's Defence. I know no more of this than you do—it is my child has deceived me—I thought he has them of his master, to pay for at so much per week, in the tally way—I did not know they were stolen.
THOMAS GOULDING— GUILTY . Aged 17.
MARY GOULDING— GUILTY . Aged 45.
Recommended to mercy. Confined One Year; Three Weeks Solitary.
NOT GUILTY .
MR. PHILLIPS declined the Prosecution.
NOT GUILTY .
NOT GUILTY .
GUILTY . Aged.— Confined Eighteen Months.
WILLIAM BULLMORE . I reside in Bedford-street, and have one partner—I am a gold and silver-lace manufacturer. The prisoner came to our ware-house before the 19th of September and wrote a note, stating, that if the executors of Mr. Nash would apply to Mr. Williams, an attorney at Lincoln, they would obtain a settlement of their accounts—(Mr. Nash had formerly lived where I do)—he came again, and I asked how business was at Lincoln—he asked how business was at London—he said, as regarding himself, he was rather busy—that he did the greatest part of the names as a draper—he did the most respectable business, being the most respectably connected—and said, he wondered we did not travel there—I said, we had done so—he said he dealt where he pleased, and I asked him if he would be disposed to deal with us—he said he did not know, he did not think it would answer his purpose—he accordingly went away—he stated he was dealing with other houses, and had no wish to change—on the 19th of September he made his appearance again, at about seven o'clock in the evening, and stated he had orders on his memorandum-book, for gold and silver lace, to supply Sir John Byng with laces to appear at Doncaster races, and he must have it—his manner was rather hasty—we endeavoured to put him of, saying we had not got the right patterns—which we had not—he said he must have the nearest we had to them—and he required us to be hasty about them, as it was near mail time; and if he did not and them that evening, it would be of no use—he accordingly chose some other patterns, which he said he thought would do very well—when they were ready, he said, "I shall now sleep comfortably, as I am certain I can got them off by the mail"—he said he had not got the whole of Sir John's custom, but he had no doubt he had no doubt he should get it all—we let him have seven hat-bands, and four yards and a half of silver-gilt vellum, believing he was in business in Lincoln—we then came to speak about the payment—he had said not a word about that—he said, "I have very little time to get these off, but I think I shall, and I shall call in a day or two, as I have other memorandums, and you will see what you can do with them"—we let him go—and, in consequence of my saying I wondered it this was all true, my assistant left the shop to go after him—the prisoner came again a few days afterwards, and agreed to take more lace, and said he
would pay for that with the others—he then wanted to put us off with a bill of exchange, which I would not take—I gave him in charge.
Prisoner. Q. Was that the first transaction I had with you? A. No—I believe you had two small parcels, which you are not indicted for
THOMAS PELL ATKINSON . I am assistant to the prosecutor. I saw the prisoner when he came for these things in the evening, and our suspicious being excited, I followed himhe wandered up and down Soho for nearly an hour—he went into one or two public-houses and a coffee-shop—I followed him till I was satisfied it was too late for him to send by the Lincols mail—I then left him, as we understood he was to call in a day or two.
ROBERT BIRD . I am a pawnbroker in Long-acre. I produce a silver lace band and some gold lace, which I took in from a women of the name of Ann Somers, on the 20th of September—I gave a duplicate of them.
JOHN COOTE (police-constable F 93.) The prisoner was given into my custody on the 21st of September—I found on him two pocket-books, one of them contained a number of duplicates, one of them is for part of this lace.
CHARLES DAVIES . I am an ironmonger, and live in Little Queen-street. I have not been to Lincoln, but I have seen the prisoner in London is the last three months, almost every week, and sometimes two or three times a week.
Prisoner's Defence. It was a regular business transaction—I had had parcels of him before.
GUILTY . Aged 35.— Transported for Seven Years.
JANE MORRIS . I am the wife of John Morris, of No.7, Osborn-street, Westminster, he is a bedstead-maker. In August last my son was in Cold-bath-fields prison—the prisoner came to the house, on the 17th of August, and said he wanted to see Mr. or Mrs. Morris—I went down and asked him to walk up stairs, which he did—he said he was turnkey of the solitary cells in that prison-that my son was in a solitary cell, and unless out alive—and if we could send him some provision it would be of great use to him—my husband was going out to get some provision, but the prisoner said, "Not provision, but in money"—and my husband laid him down a shilling on the table, which he took up—he did not any say my son had sent him—he said he had come unknown to my son—my husband gave him the shilling, meaning it for my son—he came again on the 20th of August, he said he had bought provision, and had given it to my son, and he had made it last three times, we gave him another shilling—he said he was a turnkey and messenger—and it was under the belief that he was so, and that my son was in a solitary cell, that we gave him the money—he came again on the 24th, and said he had bought some meat, and his wife had given him some potatoes, and my son would he out on Saturday—we gave him another shilling then—he came again on the Thursday and said I must send my son clean shirt, and he would be out on Saturday—but he was out of custody then.
Prisoner. Q. When I first came, did ask you for any thing? A.
Yes, and you said my son was starving, and if he did not have more provision he would perish; you said, you should be turned out of your situation if it was known you came, as you was a turnkey.
COURT. Q. Was it in consequence of his representing himself as a turnkey, and that your son was in this situation, that you gave him these shillings? A. Yes, most undoubtedly; when my husband offered to get some provision, he said he would rather have money, a his wife could cook, and he could take it him a little at a time—he said he could tell when the governor was coming for he could hear his squeaking shoes.
Prisoner's Defence. I went to tell them their son was kept back; I never asked for money or victuals; they put down the money and as I was in great distress, I took it, but I did not ask for it.
GUILTY . Aged 40.— Transported for Seven Years.
ELIZABETH SCARE . I am a widow. On the 9th of September the prisoner came to me about eleven o'clock in the forenoon, and stated she wanted a sovereign for Mrs. Mortimer, her mistress—I think she said Mrs. Mortimer sent hershe lived with Mrs. Mortimer the laundress, and used to come for the linen—I did not awe Mrs. Mortimer any money, but I thought she was in want, and I gave ten shillings to take to her—I should not have given it her if I had not believed it was for Mrs. Mortimer, and that she had sent her.
Prisoner. She knows she tells a story—I did not have the money. Witness. I swear gave her the money—I was in the British Museum, where I was taking cars of a house for the summer—she used to come for the linen, and bring it home—I gave her two half-crown and five shillings.
ELIZABETH MORTIMER . I am a widow and a laundress, I live in Great Ormond-street. The prisoner was in my service—I did not send her to borrow any money on the 9th of September—she did not bring me two half-crowns and five shillings that day—she went out and returned in about three quarters of an hour—she then went up stairs, staid a little while, came down, and went away.
Prisoner. I left you because you had another woman's husband in the house. Witness. It is no such thing.
GUILTY . Aged 10. Confined Six Months; Three Weeks Solitary.
GUILTY . Aged 46.— Confined Two Years in the House of Correction; Six Weeks Solitary.
Before Mr. Sergeant Arabin.
GUILTY . Aged 25.— Transported for Seven Years.
GUILTY . Aged— Confined Three Months.
GUILTY . Aged— Confined Six Months.
ESSEX LARCENIES, &c.
First Jury, before Mr. Recorder.
GUILTY. Aged 24—Recommended to mercy. Confined Three Months.
GUILTY . Aged 25— Transported for seven Years.
GUILTY . Aged 25— Transported for Seven Years.
Before Mr. Common Sergeant.
3443. ALFRED RUFF and DANIEL BIGGS were indicted for breaking and entering the dwelling-house of Sarah Hall, at Barking, on the 18th October, and stealing therein 1 shift value 1s.; 1 night-gown, value 6d.; the goods of Martha Tuck: 1 blanket, value 2s. 6d.; 1 quilt, value 2s. 6d.; 1 gown, value 2s.; 1 petticoat value 2s. 6d.; and 1 pillow-case, value 6d.; the goods of the said Sarah Hall.
SARAH HALL . I am a window, and live at Great Ilford, in the parish of Barking. I left home on the 18th of October, about eleven o'clock—my things were safe at that time, and I locked the door—I returned between four and five o'clock, and found the lower things of the door broker—it was prised so that the door could open, but was not broken off—the door was quite a temporary affairs, and the hinge too—all the articles stated were gone—(looking at them)—these are all mine—the bolt of the door appeared driven back—when the hinge was prised partly off, the door would open.
Ruff. Q. Are you quite sure the the back door was bolted? A. Yes—then is a middles door which comes into the house—it is not a back door—Ruff is Mrs. Hall's nephew.
(Property produced and sworn to.)
Ruff. We were standing still in the custody of Davis. Witness. You were walking together when I first saw you—Davis put his hand round you, and prevented your going further.
Ruff. I wish a copy of the indictment and the deposition—I see we are charged with breaking into the dwelling-house—she has no dwelling-house—only an apartment—part of a house can't be a whole one.
SARAH HALL re-examined. There are people living up stairs—I live down—I pay the rent for the down stairs part—there is a front door and a back way to my part—the back way is a thoroughfare for the people up stairs—the front is by itself.
Ruff. The back door is for the use of both—they both make use of the back kitchen and the back door leading out of it. Witness. The landlord does not live in the house.
RUFF— GUILTY .* Aged 22— Transported for Seven Years.
BIGGS— GUILTY . Aged 13.— Confined One Year.
Before Mr. Common Sergeant.
THOMAS BULLOCK . I live at Stratford, in the parish of West Ham, and am a master baker. I sent the prisoner for five quarters of bran, on the 19th of September, to Mr. Carpenter's Steam-mills, at Bromley—to the best of my recollection I gave him twelve half-crown and ten shillings to pay for it—he did not bring it home—he said he had paid for four quarters, and delivered it to a customer of mine, and be returned me 8s. for one quarter—there was then twelve half-crowns and two shillings missing—I had occasion to send to the same mill the next Wednesday, and then the demand was made for four quarters of bran, 1l. 5s. 6d.—he had obtained three quarters—it appeared it had risen from the time that I had the last—he gave me neither the bran nor the money.
CHARLES HAGEN . I am servant to Mr. Carpenter. The prisoner came on the 19th of some bran—he asked for three quarters, which came to 1l. 5s. 6d.—he did not pay for it—he had nothing else—we have since made a demand on Mr. Bullock for the money.
GUILTY . Aged 24— Transported for Seven Years.
CHARLES WOOD . I am servant to Phillips Barnard. I saw the prisoner on the 31st of August, about half past seven o'clock in the morning—I knew him before—I stood behind the range, and saw him take three lots of fagot-wood and make it up into one bundle—he tied it up, and took it
away—it was my master's property—I went after him, and said, "I shall go and tell my master"—I let him get about twenty yards—he said he should be back presently but he went away with the wood.
Cross-examined by MR. DOANE. Q. Have you lived long in the neighbourhood? A. No—I live at Laytonstone—this was in the forest—I know the part called the Shrubbage—there is no old wood there—it is all picked up before it lies about—that is rotten wood that lies in the Shrubbage.
COURT. Q. But was this wood in the Shrubbage? A. No; it was where I work—it is my master's property, and stood up in a heap—it was not rotten—it was good wood that is put into fagots.
PHILIP BARNARD re-examined. This was oak-peel wood, which we fell in bark time—it is valuable, good wood—the people have no right to pick it up, but they do—my place is not in the Shrubbage—that is the property of William Pole, of Wanstead—what I have is on the forest—it is wood which I purchase of Lord Maynard—it is collected up in what is termed ranges—the prisoner did not return—I did not know him personally myself, but my boy had worked with him before—this wood was not tied up—it was laid up in what we call ranges—it is a very different wood from what they get from the Shrubbage.
NOT GUILTY .
KENT LARCENIES, &c.
Before Mr. Recorder.
GEORGE BROWN . I am a pupil at the school of Mr. Orlando Bells, in Greenwich-road. I keep pigeons—I cut the feathers of one wing of three of them, to prevent their flying—I had them safe last Sunday week, the 1st of October, and missed six on Monday—I saw them again afterwards—three of them had their wings cut, and three had not.
Cross-examined by MR. CLARKSON. Q. Did you see any other pigeons you were about to claim, as well as these? A. No; they showed me two—I argued about the first one, but when I saw the pair, I said they were not mine—two persons named Collins and Hammond were also taken up.
CHARLOTTE TUFFS . I was servant to Mr. Balls. I had permission to invite Harriet Woolvett (the prisoner's sister) to tea with me on the Sunday—I went and fetched her, and asked Sarah Ann Woolvett, the prisoner, and Collins, and Hammond, to tea—I had five persons in all—they staid till half past nine o'clock—I was absent from them twenty minutes, or half an hour, talking to a person—I had frequently seen Master Browne go up to the loft the stable to feed the pigeons—that place had no communication with the place where I was at tea—when my party left, the had no pigeons—the young gentleman were at home that day—I do not know of any means by which the pigeons could have been taken at tea-time.
Cross-examined. Q. Where was it you were having conversation with somebody for twenty minutes? A. In the parlour, I was talking to Miss. Lacy—she is not here—I had permission to invite one person to tea—mistress did not know I had invited five—I do not know where Collins or Hammond are—they were not particular acquaintances of mine—I had been in company with them before, at Mrs. Woolvett's house—Harriett Woolvett is a respectable young person—she did not refuse to come—she had friends at her house, and I asked them all to come—I had never seen the pigeons—I
heard Master Brown frequently say he had pigeons in the loft—I saw all the party leave the house—the prisoner came afterwards on Monday at dinner-time to inquire about an umbrella—I have left the service now—I asked Mrs. Balls to let me go out on the Monday evening on an errand, and I did not return any more—my boxes were left behind—I have been for them, but have not got them—Mr. Balls would not allow me to have them till after his case over—there is black lace veil in my box—Mr. Balls told me that Mrs. Balls had missed a black lace veil—he did not tell me why the box was detained—he gave me that reason that the veil was in it, and said it was my mistress's—he asked me about the veil—I told him I had one in the box, but it was my own—I would have given the keys to Mrs. Balls, but she would not have them—she did not ask to see the box—there was nothing else in it which they claimed—Mrs. Balls said she had lost a pair of boots—I told her where they were, and she directly went and found them on the windows-still of her bed-room—they have not seen the contents of my box up to this time, but have detained it—Collins and Hammond were taken up on this charge—I left my masters service last Monday week—I have been there since, and was told Mr. Ball was not able to speak to me—I had given warning to leave a fortnight before this occurred—I went away the day the pigeons were missed—I had a fortnight of my time to serve, but I never returned—I never said that the black lace veil belonged to my mistress, or any things of the kind—I swear that deliberately—I did not give the pigeons to Collins, Hammond, or the prisoner.
CAROLINE TAYLOR . I am the wife of Henry Taylor, of East-lane Greenwich—he is a pensioner. On Monday evening the 16th of October, between seven and eight o'clock the prisoner came to my house and asked if I would take care of these pigeons—he had them in a bag—I said I would take the bag—he took one out in his hand, and was going to let him fly—I said, "Don't"—he said, "Have you got a basket?"—I said, "No"—he said, "I will fetch one"—he was gone about ten minutes—he left the pigeons in the basket—next day I heard he was taken about the pigeons, and I went to the station-house and delivered them up.
Cross-examined. Q. Do you know Miss Tuffs? A. No—he was going to let them fly in the room.
GEORGE HARRIS (police-constable R 158.) In consequence of information, I apprehended Collins—I apprehended the prisoner in East-lane, Greenwich—I asked if his name was John Woolvett—he said, "Yes"—I said, "I want you, you must go with me"—he said, "Stop a bit, I know what you want me for"—I said, "What?"—he said, "I suppose about the pigeons which were stolen from Mr. Balls on Sunday night"—I said, "Were you at Mr. Balls on Sunday night?"—he said, "I was—I asked him who was with him?—he said, "Two young men, named Collins and Hammond, and some young women"—I said, "How do you know there was any pigeons stolen from Mr. Balls on Sunday night?"—he said, "I heard so"—he said to me, "Oh, I shan't go without a warrant"—I said, "If you don't go quietly, I shall handcuff you," and he then went to the station-house—in the evening Taylor gave up the pigeons to me—I have them here.
Cross-examined. Q. How long have you had them? A. I have had some about three months, and other about six weeks—I was in the habit of feeding them—I cut their wings myself.
NOT GUILTY .
Before Mr. Common Sergeant.
MR. CLARKSON conducted the Prosecution.
ANN MARIA BALLS . I am the wife of Orlando Balls, who keeps a seminary at Greenwich. The prisoner was in his service—we had a young gentleman named Browne, who kept pigeons—on the 17th of October it was discovered that the pigeons had been stolen, and the prisoner left out service on the Monday—I detained her boxes, in consequence of suspicion—a person has been tried this session for stealing the pigeons—since that time I have examined the prisoner's boxes, in the presence of the policeman, and found a veil which belongs to me—I was present when she was questioned about it and she said, "I have your veil in my box"—I said I suspected she had other things of mine—she said, "I have nothing but your veil"—this was on the Thursday after the 15th—this is my veil (looking at it) I know it by a red mark over the flower—there are two marks by which I swear to it.
ORLANDO BALLS . I was present at the time of the trail for stealing the pigeons—I heard the prisoner cross-examined as to whether she had a veil of her mistress's in her box—she said she had a veil of her own, but not her mistress's—the box it was found in was hers.
Prisoner. The veil is my own, I bought it at Hackney—I told Mrs. Balls so.
MRS. BALLS. She never told me she bought it at Hackney.
GUILTY. Aged 21—Recommended to mercy. — Confined Three Months.
TIMOTHY HURST . I live in Old King-street Deptford, and am a shoemaker. I had a pair of half-boots in my shop-window on the 17th of September—I saw them safe a little before eight o'clock—they were gone at eight—I had them to repair—I am certain these are them.
GEORGE DORSET (police-constable R 94.)I took the prisoner into custody—I found him in Caroline-street—he, (seeing me before I spoke to him) jumped upon some sheds, and I had half an hour's chase before I could get to him—I then took him, and told him he was wanted for stealing a pair of boots—he would not answer me—I took him to the station-house—he had the boots on his feet.
Prisoner. I had no shoes to wear, so I took these.
GUILTY .* Aged 13— Transported for Seven Years.
3449. ANN LEE was indicted for stealing, on the 12th of October, 1 coat value 12s.; 1 pair of trowsers, value 8s.; and 1 waistcoat value 5s.; the goods of WILLIAM SAVAGE ; and left that she been before convicted of felony.
WILLIAM SAVAGE I am a pensioner living at the Royal Artillery at Charlton. On Monday, the 9th of October, I saw my trowsers and a waistcoat safe—they were in the drawer and locked up—that was the last time I saw them safe—the prisoner came to my house one night very wet and cold and we kept her that night—she did not seen
to go away—on the 12th I told my mistress we did not want her any longer about the place—we desired her to go away—a few minutes after four o'clock in the afternoon she was gone, and my mistress missed these things—these are them—the drawer was locked but the key was in the drawer above it.
Prisoner. Mr. Savage's daughter knew of it—she was going to leave home.
GUILTY . Aged 21.— Transported for Fourteen Years.
MARTHA THATCHERS . I am the wife of Edward Gore Valentine Thatcher; he lives in Carr's-court, Greenwich. On the 30th of September I left a blanket and pinafore in my room, down stairs—the prisoner is a lodger of mine, and I told her to take the clean blanket and put upon her bed—I went out and did not come home till the evening—I did not miss the blanket till the 1st of October—I am sure these things are mine.
Prisoner. The pinafore was lent to me on Friday, for take my work home in—the blanket was pledged a week before—I was minding her children at sixpence a day, and she said she would outset the money for what she was to pay me. Witness. No not for the blanket—I did for the quilt, which I dare not let my husband know of—I did not know it the week before nor accuse her of it.
GUILTY . Aged 36— Confined Three Months.
GEORGE DURRELL . I am servant to William Price, a butcher, in the Market-place, Greenwich. On the 22nd of October, the prisoner came and had some small pieces of meat weighed—I told her what they came to—she left them, and in a few minutes came again and had a second piece of meat—she left that, and said she would call again—when she was gone, a person outside said she had taken a piece of meat off the shall—I followed her, and took it from her—it was not a piece which she had bargained for.
THOMAS SEABROOK . I live in East-street, Greenwich. I was in the Marker-place—I saw the prisoner have some meat weighed—she returned with nothing—a short time after I saw her go again, and have a piece of meat weighed—while the man was doing that, I saw her take a piece of
meat, and put it under her cloak—I told the butcher, and he went and fetched her back.
Prisoner. I did not know what I did, as I had a drop.
NOT GUILTY .
3452. WILLIAM GEORGE AVIS, JOSEPH HUNTER , and GEORGE MOORE , were indicted for stealing, on the 18th of October, 1 handkerchief, value 6d., the goods of James Joseph Rutter, from his person; and that Moore had been previously convicted of felony.
JAMES JOSEPH RUTTER . I live in Caroline-place, Lee. I was at Charlton fair, on the 18th of October, and had my handkerchief taken from my pocket—I did not miss it till the officers brought it to me—this is it—there is a mark in the corner of it.
JAMES WILD (police-constable, R 141.) I was at Charlton fair, on the 18th of October and saw the three prisoners come across the field—I followed them down opposite to Clark's show—they kept together for about half an hour—they went behind the prosecutor—Avis took the handkerchief from him, and gave it to Hunter—Moore was standing behind, trying to conceal them—I took Hunter, gave him to another officer, and took Avis—Moore, in coming across the fields, felt several gentlemen's pockets, which led us to follow them up.
Moore. I know nothing of the two prisoners—I was going through the fair with my hands in my pockets. Witness. No, he was not—he tried several pockets.
THOMAS DYKE (police-constable, R 193.) I saw the prisoners in company, and all trying pockets one after another—I did not see this handkerchief taken—I am certain they were together for twenty minutes or more—I saw them walk down the fair.
Moore. The reason I was taken is taken is that I was convicted here sixteen months ago by Duke—that caused him to have suspicion of me—in what way did I try any pockets? Witness. Feeling them as you walked behind them.
JURY. Q. Did you see the man pick the pocket? A. No; I saw Moore close to them—they were conversing together.
JURY to JAMES WILDE. Q. Was Moore within sight of what the other two did? A. Yes—he was close to them, between them—I was on his right-hand close to him.
Avis's Defence. I was passing through the fair, and was talking to a person who sold cigars.
AVIS— GUILTY . Aged 33.— Confined Twelve Months; Three Weeks Solitary.
HUNTER— GUILTY . Aged 36— Transported for Seven Years.
MOORE— GUILTY . Aged 20— Transported for Fourteen Years.
3453. MARGARET LESTER was indicted for stealing on the 22nd of October, 1 coat, value 10s.; 2 jackets, value 7s.; 1 pair of trowsers, value 5s.; 1 pair of drawers, value 1s.; 1 shirt, value 1s.; 1 pair of braces, value 6d.; and 2 waistcoats, value 5s. 6d.; the goods of William Beazley.
WILLIAM BEAZLEY . I am a labour. I lost this property out of my chest in my bed-room, in Charles-street, Woolwich, on the 23rd of October—I saw it safe last at a quarter before one o'clock at noon, and missed it about ten o'clock, when I was going to bed—I saw it again on the Monday following—the prisoner lived not far from me—she gets her living by washing and going out nursing—she nursed my wife about three months ago—my door was not locked—I have lodgers.
CHARLES STEWART WARDEN . I am a constable. I heard that the prosecutor had lost his property—on Monday afternoon I went to the prisoner's house—I said there was strong reason to believe she had robbed Mr. Beazley, which she denied—I searched the room, and in a flock-bed I found all this property, except the great coat and trowsers.
Prisoner. I was in great distress, and am a poor widow.
GUILTY. Aged 44.—Recommended to mercy. — Confined Three Months.
SURREY LARCENIES, &c.
Before Mr. Recorder.
THOMAS GRIFFIN . I live at Beals' Wharf, Tooley-street. On the 14th of October I was in Duke-street, Southwark, about eight o'clock in the evening and observed somebody touch my stick with their foot—I turned round and saw the prisoner running away—I put my hand to my pocket and my handkerchief was gone—I immediately pursued him to the first arch-way of the rail-road—he crept under the rail into the street—I collared him, but found nothing on him—I took him across to the rains where he had run in, and within about two feet of where I took him I found my handkerchief—there was nobody within ten or twelve yards of him—nobody else could have put it there.
Prisoner. There were five or six lads on the ruins. Witness. Nobody crossed the ruins but himself—I took him over the same ground as he ran, and found the handkerchief.
Prisoner. Q. Did not you see several lads about there? A. After you were brought to me a crowd gathered round—I was not near the spot.
JURY to MR. GRIFFIN. Q. How far was he off when you pursued him? A. I had lost a handkerchief on the same spot, before I overtook him, and found my handkerchief—I left it in the officer's possession—I ran about 115 paces—(I measured it afterwards)—it is impossible any one else could have taken it—I am quite certain no other lads were about at the time—it was cleverly done—my pocket was inside and I did not feel the least of it
GUILTY .† Aged 17— Transported for Seven Years.
FREDERICK HOPKINS . The prisoner was my shopman—I now carry on business in Pitfield-street, Hoxton—at the time in question I lived in the Borough—In consequence of information which I received on the evening of the 30th September, I desired the prisoner to allow me to examine his boxes—he did an immediately, and from the top of his box he took, in a hurried manner, a small parcel, and threw it into one corner of the closet which his box was in—I took it up, and have it here—it contains a yard and a half of silk, which I identify as my property, from having a piece in my shop from which it has been cut—I compared the edge where it was cut and it corresponds precisely—I charged him with having taken ithe denied any knowledge of it—I sent for an officer—I told him I had seen him throw it in the corner—the box was locked before he opened it.
Cross-examined by MR. PHILLIPS. Q. Did you see the prisoner's father? A. I did—I did not make any proposal to him in reference to this charge—I swear that—I did not say if I got 50l. or 60l., which I had lost in my shop at Reading, I would make a flaw in the indictment—I swear that—the firm was Johnson and Co. when I carried on the shop at Reading—I was the Co.—there was no name over the door—I searched the prisoner's box afterwards—I will not swear I found any thing of mine there—I confine myself to this article—I did not find things which were entered in my books to him—I allow my young men to have goods if entered to them—he had been four months with me—the name of Nicholson was on my cards or bills at the shop at Reading—Hopkins and Nicholson was on the cards of the shop in the Borough—a dissolution took place about six months ago—the prisoner came from Bath.
COURT. Q. When the box was opened, and the parcel taken out, was it in the closet, or had it been taken out? A. It was inside the closet, before any thing had been removed—he was going to take out the rest of the things, but I would not allow him to do so till an officer was brought—he was in the act of throwing every thing out if I had not stopped him—I cannot say he was not going to throw them in the same direction as the parcel.
(Witness for Defence.)
THOMAS LANGBRIDGE . I live at the Crown Coach Office, St. Paul's Church-yard. I was shopman to Mr. Hopkins when the prisoner was there—he had about six shopmen—I remember on the 13th of September the prisoner being given into custody—he had shewn, me a piece of black silk, and asked how I thought it would wear for a waistcoat—this is the thing—(looking at it)—I told him I did not think it would wear well, but if he had it to have it watered—there was only one young man in the shop at the time—this was about eight o'clock in the morning—he was taken up about eight or nine o'clock that night—I have known an instance where a young man has an article and forgotten to enter it till next day.
COURT. Q. Who was the other shopman? A. A young man named Trowbridge.
COURT. Q. Had you may communication with the prosecutor on the subject of dropping the prosecution? A. I saw him on Thursday, when I first came to town—my son-in-law had seen him previously—I asked him if
he was inclined to force this thing, or if there was no way to get my son from coming to trial—he mentioned the loss he had sustained at Reading with a shopman he had there—I said, as my son was only a menial servant, he could not bring any accusation against him—he said, "I have had losses at various times"—I said, "You shall not lose any thing by my son"—he said, "Sir, I cannot enter into it; I refer you to Mr. Chell, of Clement's Inn; he is acquainted with these things better than I am"—he said, "There may be a flaw introduced into the indictment"—I cannot exactly recollect the words.
MR. HOPKINS re-examined. That is not correct—I did refer him to Mr. Chell as an act of humanity, considering, if any benefit could be given to the prisoner, he would be the most likely person to give it to him.
SAMUEL HICKMAN re-examined. I objected to go to Mr. Chell, and said I should employ another attorney—I requested him to give me a note to his attorney—he persisted in my going myself, and he would put me right, as he was acquainted with the Sessions and all the tricks of Court, but that he was not—I live on what I have gained by my industry—I have lived at Bath thirty-four years.
NOT GUILTY .
3456. WILLIAM HENRY STEVENS, Jun., was indicted for stealing, on the 6th October, 1 tippet, value 6d.; and 3 pairs of stocking-legs, value 3d.; the goods of William Henry Stevens; and SARAH COX , for feloniously receiving the said goods, well knowing them to have been stolen; against the Statute, &c.
WILLIAM HENRY STEVENS . I am the prisoner's father. He had been a very good boy till within the last five or six months—I lost a tippet and three pairs of stockings, on the 6th or 7th of October—these are them.
JAMES PIPER . Stevens was given into my custody—I went to Cox's house, from information I received, and found some property which had been described to be sold by the boy—I found the tippet and stockings—she produced them when I asked for them—I told her I understood some things had been sold there which had been stolen—these were not the things I was inquiring after—she said she had bought these, and that the boy had been there before, and sold some other things—the boy was present with me.
Cross-examined by MR. CLARKSON. Q. Do you know whether her husband was at home? A. I am not aware, but a person came.
NOT GUILTY .
3457. WILLIAM HENRY STEVENS was again indicated for embezzling 1 jacket value 1s.; 1 waistcoat, value 6d.; 1 pair of trowsers, value 1s.; 3 shirts, value 1s. 6d.; and 1 pinafore, value 6d.; the goods of William Henry Stevens; and SARAH COX for feloniously receiving the same; against the Statute, &c.
MARY ANN IBISON . I am in the habit of giving my left-off things to Steven's mother—on Thursday, the 6th of October, I gave the boy the articles named in the indictment to take to his mother—these are them.
Cross-examined by MR. CLARKSON. Q. When the boy came to you, he asked if you had any thing for him? A. Yes, and I gave him the articles to deliver to his mother—they are not of much value—I have given him them to take his mother before.
JAMES PIPER . I am an officer. I went to Mrs. Cox, and inquired for the things which have been produced—she said she had bought them of the boy, and given him half-a-crown for them—I asked her if they could be produced, and she said, "Certainly," and produced them.
ANN STEVENS re-examined. My son took me to Mrs. Cox—I asked her how she came to buy the things of the boy, and what she intended to do with them—she said to keep them—I did not tell her I would prosecute her if she did not give them up—she said the boy wanted 3s., that she offered him 2s. 3d., and called him back, and gave 2s. 6d.—she said the second time, when the policeman went, that she would not give them up till she got her 2s. 6d., and said she would suffer the laws of her country, and the child to be transported, before she would give them up—she produced them, folded up, from the back parlour—my son is thirteen years old—he was never apprenticed—my husband is a shoe-maker—the prisoner did not do any thing in the business—we supported him as well as we could.
NOT GUILTY .
Before Mr. Common Sergeant.
THOMAS RAMBART . The prisoner was in my service. On the 27th of September I saw her pocket lying on the stairs, and thought proper to examine it—I found several duplicates in it, one for a shawl, pawned for 4s.—I lost a rule, and found it afterwards at the pawnbroker's—these are them—the shawl has a mark on it—the pawnbroker is not here, as he could not swear to the party.
THOMAS RATHBONE . I am a policeman. I took the prisoner into custody—as I took her to the station-house she said she hoped Mr. Rambart would not appear against her—that she took the things, and pawned them in Blackfriar's-road—I had said nothing to her—I did not ask her if she had taken any thing—I did not positively ask her the question—(looking at his deposition)this is my writing.
Prisoner's Defence. Mr. Rambart said if I brought the things back he would not hurt me, and he kept me in his service from Monday to Wednesday.
NOT GUILTY .
GEORGE REVELL . I live in Blackman-street, Borough. On the 22nd of October, about half-past seven o'clock, I was in my shop—I saw the prisoner come and put his arm within the door, and take the stockings away, which hung secured with a strong pin—I followed him and laid hold of his collar, and he dropped them out of his hand—I seized him, and took them up—they are not here, as I never thought of prosecuting him.
Prisoner. I was very much in liquor at the time—I understand you took another man. Witness. No—I told a friend of mine, who was with me, that another man was concerned, and to seize him, but he walked away—I saw the prisoner take them, and the stockings fall from him.
Prisoner's Defence. I know nothing about the stockings—I am positive I never took them—I never knew any thing about it till I was at the station-house next morning.
GUILTY .* Aged. Transported for Seven Years.
Before Mr. Recorder.
MR. CHAMBERS conducted the Prosecution.
JANE BURDEN . I am ber-maid at the Equestrian Coffee-house, Blackfriar's-road. On the 27th of October, between eleven and twelve o'clock at night, the prisoner came there and called for half a pint of ale—it came to 2d.—he offered me a bad shilling—I immediately handed it Mr. Wardle, my master.
WILLIAM WARDLE . Burden gave me a shilling—I saw it was bad—I bit it, and showed it to the prisoner—he said, "Is it?" and put his fingers into his pocket—I sent for a constable, and secured him, and gave the shilling to the policeman.
EDMUND COOK . I am a policeman, I went to Mr. Wardle's on the 27th of October, and took the prisoner in charge, with the had shilling, which I produce—I searched him, and found a counterfeit shilling secreted in his fob, and 2s. 2 1/2d. in coppers, a good sixpence, and three or four small parcels of tobacco, which had been purchased at different shops, and a parcel of butter.
Prisoner's Defence. The shilling was not in my fob when the policeman began to search me.
GUILTY . Aged 20.— Confined One Year.
JANE PLUME . I am a widow, and live in Tower-street, Lambeth. On the 12th of September the prisoner came into the shop for a pennyworth of thread and a needle—he put down a shilling—not liking the look of it, I send my daughter over to the wine-vaults for changeshe came back and said it was a bad one, and at that moment a policeman came in and took him—I gave him the shilling.
MARY ANN PLUME . I am the daughter of the last witness. My mother gave me the shilling, and I went to the Tower public-house to get it changed—I brought it back, and gave it to my mother, and she gave it to the policeman.
JAMES BROOK . I am a policeman. I watched the prisoner into Plume's shop—I afterwards took him in charge in the shop—I produce a shilling which Mrs. Plume gave me—the prisoner was discharged on Monday the 19th—he gave the name of Richard Taylor.
JOHN BURN . I keep a beer-shop. On the 19th of September, at about half-past seven o'clock in the evening, the prisoner. came and called for half a pint of beer, and put down a shilling—I saw it was bad—I sent my wife out for change, but she understood me, and brought a policeman, who secured the prisoner—the prisoner told me to let him go about his business, and he would get the money from his mother, and pay me for the beer—but I gave him in charge, and gave the shilling to the officer.
MARY ANN BURN . The prisoner came to our shop, and called for half a pint of beer. My husband was standing by my side—he threw down a shilling, and said, "I have just come from Whitechapel, it is a fine day"—my husband husband brought me the shilling—I saw it was bad—he said go and get change for it—I knew what he meant—I took it up and brought in a policeman—I swear my husband gave him the same shilling.
came to me, and I took the prisoner into custody—Mr. Burn gave me the shilling—I searched the prisoner, took him to the station-house, and he escaped from me, but I apprehended him again.
Prisoner. I asked him to let me go to my mother's, and I would get another shilling—I ran home and he after me, and I gave him another shilling. Witness. He ran into his mother's—he never produced another shilling.
MR. FIELD. These shillings are both counterfeit, but not from the same mould.
GUILTY . Aged 20.— Confined Six Months.
MARY ANN CLARK . I live with my father, in Clarence-street, Rotherhithe. On the evening of the 17th of September, the prisoner came to the shop for a twopenny loaf—he put his hand into his pocked and showed me half-a-sovereign—he said, "Oh I don't want change of that"—he put his hand into his other pocket, and took out three farthings—he said, "Oh, that won't do"—he then put his hand into his waistcoat pocket, and took out half-a-crown, which I observed—he gave it to me, and knowing it was a good one I put it into the bowl—he saw I was confused about the change, and said "Oh, I think I can give you halfpence"—I returned him the half-crown and he put it into his waistcoat pocket—he then took out another half-crown, and said, "Oh, you must give change"—the first was a new one, and the second and old one of George the Fourth—I took it up, and saw it was bad directly, it was so black, and felt so smooth—he immediately snatched it out of my hand and threw the bread down—I said, "You good-for-nothing man, you have given me a bad half-crown"—he ran up the street, and I after him—he got away, but I found him in custody in about twenty minutes—I am certain he is the man—he had a blank frock-coat on; but when he was taken he had neither coat nor hat on.
Prisoner. Q. Where did you see me in custody? A. At Mrs. Thornton's door—I saw you by the light of her shop, which had a candle in it.
ELIZABETH THORNTON . I am a clothes-dealer, and live in Clarence-street, Rotherhithe. On the evening of the 17th of September, at about a quarter past eight o'clock, the prisoner came to purchase a handkerchief, which I asked him 6d. for—he bargained for it at 5d., and gave me half-a-crown—I gave him 2s. 1d., and while I did that Mr. Clark came in and nodded to me—at that time the prisoner was asking if I had a waist-belt—I said I had not—I suspected Mr. Clark's nod, and gave the half-crown to Arrowsmith, my servant, to go and see if it was good—he then looked at some stockings—she came back and said it was bad—I collared the prisoner—he struggled, wrenched from my hand, and ran off—I ran after him, calling, "Stop thief"—he had a coat and hat on then—he was brought back in about ten minutes, with neither coat or hat on—he looked me in the face and said, "I am not the man"—I said, "Yes, you are the man"—I gave him in charge, and gave the bad half-crown to Lyons, the policeman.
ELIZABETH ARROWSMITH . I am servant to Mrs. Thompson. I received the half-crown from her, and took it to Mr. Dolman's—I kept it in my hand, and returned it to Mrs. Thompson without losing sight of it.
and instantly pursued after the prisoner, who was running—I saw him pull off his hat and coat under Mrs. Rounce's window—I secured him, and took him to Mrs. Thompson's—I asked her if he was the man, she said he was—I went back to where I had seen him take off his coat and hat, and got them—Mrs. Rounce had picked them up—I gave them to Lyons.
JEREMIAH LYONS . I was on duty in Clarence-street, and saw the prisoner detained by two men and took him into custody—I saw he had something in his hand, and asked him to show me what he had—he refused, and with some difficulty I succeeded in taking two shillings out of one hand, and a penny from the other—I took him to the station-house, and asked what he had done with the coat and hat—he said that was his business—I searched him, and found 2 1/4d. on him—Thornton gave me half-a-crown at the station-house, and I have kept it even since—I did not find a good half-crown, nor half-a-sovereign—Lewington gave me the hat an coat, and I gave it to M'Gill.
THOMAS M'GILL . I was the sergeant on duty at the station-house when the prisoner was brought there—in the course of the night he said he wanted his coat and hat—I told him if he would describe them to me I would give them to him—he said to was a jacket and a black hat—I told him I had not a jacket—next morning he asked again for them—I said I would bring them to him, and if he said they were his I would give them to him—I took him the coat and hat which Lyons gave me—he said they were his, and put them on—I this handkerchief in the hat—he claimed it at the office as his own—he said his name was John Dean, and he lived in Liverpool-street, Bermondsey—there is no such place as Liverpool-street.
MR. FIELD. This half-crown is counterfeit.
Prisoner to MRS. THORNTON. Q. Who did you give the half-crown to? A. My husband—my servant went out with it to see if it was good or bad—you might be in the shop about two minutes.
COURT. Q. Had you the opportunity of seeing him all the time he was is the shop? A. Yes—I am confident he is the man.
Prisoner to MARY ANN CLARK. Q. You say I gave you a had half-crown; how do you know it was bad? A. Because it looked to black and greasy—I did not say you snatched it out of my hand before I had time to look at it—the first was new coin, and the other old—my father came into the shop about ten minutes after you left, and he run up the street, and said to a person, "Have you seen a tall man, wit ha black frock cast?"—he was directed into Mrs. Thornton's—he came back to me, and I ran there—there was a cry of "Stop thief!" and you were brought into the shop—the policeman never pointed you out me—I said you were the man—I never said you had a light waistcost on—I said you had a dark waistcoat and frock coat.
Prisoner's Defence. I fell down some steps—my hat fell off, and I fell into the kennel, and got my coat all over mud—I pulled it off, and was brushing it when the man caught me.
GUILTY . Aged 22.— Confined One Years; Last Week Solitary.
Before Mr. Common Sergeant.
had been seven or eight week in his service—on the 21st of September, we missed 7 cotton handkerchiefs—these are them—they are Mr. George Kerry's—we missed some silk also—the prisoner went away without notice that day while I was at breakfast, and never returned—I went after him, and he was taken.
FREDERICK MADDOX . On the 21st of September, as I was turning round John-street, about eight o'clock in the morning, I saw the prisoner—he asked me to hold a bundle for him—I held it, and told him not to be long, he said he would not—I waited about ten minutes, and could see nobody come—I went home to get my father's breakfast, and while I was getting it Smith came, and Hodge with him—I gave the bundle up to him, and he went to Mr. Kerry's with it—I saw these handkerchiefs in the bundle.
Cross-examined by MR. BODKIN. Q. Do you know where Mr. Kerry's shop is? A. Yes—I had seen the prisoner before, playing about in the streets—I had been in the habit of speaking to him—I did not know he was at Mr. Kerry's—I did not know it was a place where they sold handkerchiefs—I could not stay, because I had to get my father's breakfast—that is not from Mr. Kerry's, and not fat from my house—I did not open the bundle—I had not time to take it to where he lived, which was opposite the Bull—I put it on the table—it was opened at Mr. Kerry's shop, after the young man had it—I was with him.
FREDERICK SMITH re-examined. Q. Did you go and find this bundle in the handkerchief of Frederick Maddox? A. Yes—it was not covered up, it was rolled up—I found it at his house, on the table, about three quarters of an hour after I missed Hodge—I can say these handkerchief had not been sold—we missed them that morning.
MR. BODKIN. Q. How many persons serve in your shop? A. Five—when we came into the shop that morning the handkerchiefs were under the counter—I do not know who put them there—we left them there—the handkerchiefs were opened at Mr. Kerry's—Maddox was there—they were open on Maddox's table, not wrapped up.
Cross-examined. Q. Did they not tell him if he would say what he knew he should come to no harm? A. I heard them say they would not wish to hurt him.
JURY to FREDERICK MADDOX. You say that Hodge gave you a bundle? A. Yes—the handkerchiefs folded up in a bundle—I went home and put it on the table—it was first opened at Mr. Kerry's shop—I put it on the table as it was given to me—it was not opened there.
FREDERICK SMITH re-examined. Q. What did you see on the table? A. The handkerchiefs, but not in a bundle at all—they were wrapped up as handkerchiefs always are—I do not know Maddox—he was not at the shop that morning—I was in the shop all the morning.
NOT GUILTY .
THOMAS PAINE . I live at Peckham Rye. The prisoner lived there, but his house had been pulled down—I turned out seven asses in the lane, on the 27th of September—he took one away and sold it to John Lambert—there were six of mine, and some others—I missed one of my six
the next morning—I had seen it safe between five and six o'clock in the evening—I found it at Smithfield-marker—James Lambert had it—I am sure it was the ass I lost that night.
JAMES LAMBERT . I sell things in the street. On Tuesday night the 27th of September, about six o'clock, the prisoner came to my own place in Kent-street, in the Borough—and asked if I would buy the ass of him—that is in the way to London from Peckham Rye—I told him I did not know who he was, he said, "I know your son well"—I called my son down, he said, "Yes, I know him, he lives in Packham-lane—he asked me 8s., for it, I gave him 6s.—it did not suit me—I took is to Smithfield the Friday following, and Paine came and took it to the watch-house—I said I would give it up, but I should like the lad to be brought who I bought it of—it was kept for three weeks before he was taken.
SAMUEL WEIGHT (police-constable P 172). I took the prisoner at Mr. Owen's farm, at Brockley—he said he had stolen the donkey, and sold it to a man in Kent-street—I told him I came to take him for stealing a donkey—what he said induced me to go to the prosecutor and Lambert.
GUILTY . Aged 17.— Confined Three Months.
Prisoner. I had it in my mother's house for about four months—I bought it is Newport-market for 1s., 3d., Witness. I had it, cut out, in my hands on the Saturday week before, and the prisoner was going out, and I missed it.
THOMAS HODGKINS (police-constable L 81)I took the prisoner for stealing a hat-box pattern, and in going along he said he did not steal that, but four pieces of leather—I went to his house, and he said "That is the leather I stole".
Prisoner. I said I would show him where my mother lived, Witness. You told me in Blackfriars-road; that you stole four pieces of leather.
Prisoner. I bought this leather of Mr. Shoveller, and gave 1s. 3d., for it—I intended to make it into a hat-cover, and still it.
(property produced and sworn to.)
GUILTY . Aged 13.— Confined Six Months; One Week Solitary.
THOMAS KELLAWAY . I live in Richmond-place, East-lane, Walworth. On the 20th of October I had fifty pieces of deal wood—I saw them safe about twelve o'clock and missed them the next day,—I have missed agreat deal of stuff—I suppose I missed thirty lengths—I went to the prisoner's lodgings, and saw them under his bed—he had worked for me about two months and he has lodged there ever since—this is part of what I found at his place, and it matches to this one exactly.
Prisoner. I was fixing up a staircase, and there was a mistake—I
acknowledge this is Mr. Kellaway's—I intended to pay him for it. Witness. He was filling up a staircase—I know nothing of nay mistake.
GUILTY . Aged 32.— Confined Two Months; Fourteen Days Solitary.
Prisoner. when I had been in the house not more than two days, all the family left the house with all the doors open—my door had no fastening, but I fastened it with a fork at night. Witness. We went out once or twice for a walk—her door had no fastening—there were no other lodgers in the house.
JOHN COLLIER (police-sergeant P 8.) I searched the prisoner's box in the room she occupied at these lodging, and found a quantity of duplicates, one for a sheet pledged on the 3rd of September, and the pillow on the 22nd—she was in custody when I found them—she told me she did it from distress, and told the Magistrate so—I saw her with the key in her hand in the cell—I took it from her, and found these things.
Prisoner. I leave myself to the mercy of the court.
GUILTY . Aged 43.
WILLIAM LATHAM . I keep the Three Tuns beer-shop, in Brooke-street, Holborn. On the 23rd of September the prisoner came and had a glass of ale—she asked if she could not sit down, as she had to wait for a person—she went in, and sat down, and was there an hour and a half—I missed my trowsers, shirt, and pillow the next morning—she had a glass of ale, and went backwards, as we thought, into the yard, but she must have gone up stairs—we did not see her go out.
WILLIAM JENNINGS (police-constable P 95.) On the 24th of September I stopped the prisoner in Crown-street, Walworth-road, between twelve and one o'clock in the night—she had this pair of trowsers tied round her waist, quite wet—I asked what she had got there—she said a pair of trowsers—she said her husband gave them to her, at nine o'clock in the morning, to go and pledge, that she had been to several pawnbrokers and they would not take them in because they were wet.
Prisoner. I never said I took them to any pawnbroker. Witness. She did.
GEORGE MOSELY . I am employed in the shop of Thomas Nicholls, of Gray's Inn-lane. On the 23rd of September the prisoner came in—I can positively swear she is the person—she pledged a pillow and a shirt—here they are—I did not take them in—I cannot tell what time she came into
the shop, but the time she offered these articles was between eight and nine o'clock.
(Property produced and sworn to.)
GUILTY .* Aged 43.— Confined Twelve Months.
JAMES ANDREWS (police-constable M 45.) I was in High-street, Borough, near the Town Hall, on the evening of the 10th of October, about eight o'clock, and saw the prisoner both together—I watched them—they went to the door of Mr. Towell's shop—I saw Williams jump up at the side of the door and unhook a pair of boots, and they both ran away down Fishmonger-alley—I and Vickers ran down Red-cross-street, and met them—I took William and took one boot from him.
Smith. I had met this young man, who asked me to buy a pair of boots—I said I did not want them—he gave me one to look at, and was taken.
Williams. I was coming past Mr. Towell's at half-past seven o'clock, and I saw a pair of boots about four yards from the shop—I did not know whom they belonged to. Witness. They were nine feet high—he got on a piece of board that projected out about three feet high, and then reached up—I knew both the prisoner before.
GEORGE VICKERS (police-constable L 54.) I was with Andrews, and saw the prisoner together—I saw William lay hold of the iron of a blind to assist himself in getting up, and take down, a pair of boots—I went with Andrews, and took Smith, who had this boot in his pocket—when I took him he began to pull it out.
JOSEPH SPRINGETT . These boots are the property of my employer, Mr. Edward Towell—I saw them safe at seven o'clock in the evening, hanging over the door outside, about nine feet from she ground—no one could take them without getting up—we go up steps to put them up.
Williams. Q. How can you swear to them? A. They are a particular make—I had hung them up myself, at seven o'clock in the evening.
SMITH— GUILTY .* Aged 21.
WILLIAMS— GUILTY .* Aged 18.
Transported for seven Years.
3470. WILLIAM LEWIS and JAMES BERRY were indicted for stealing on the 27th of September 20 yards of ribbon, value 5s., the goods of Henry Ildon Tilby; and SAMUEL SUDENWOOD , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
EDWIN DAIRS . I am servant to Henry Ildon Tilby, draper, in New Bridge-street, Vauxhall, he has another establishment at Camberwell—my attention was first drawn to these twenty yards of ribbon on the 29th of September—I cannot say exactly when I last saw it in the shop—within about three days it was safe in my master's shop—I saw the prisoners Lewis and Berry in the shop—I cannot recollect what they came for—they did not purchase any thing—they came in for something I had not got—I was afterwards shown this ribbon, and know it to be my employer's.
Cross-examined by MR. DUNBAR. Q. You knew these two persons very well? A. No, I do not know that I ever saw them before—the
prisoners are like the men that came in: as far as a person can tell who has seen but them once, they are the men—I am sole manager of this establishment—there is a female in the shop, a cousin of mine, but she was not present—I did not show them any ribbons on another day—I take stock every six months—they were in a drawer which was left on the counter for half an hour—I did not examine the box till the policeman brought me the ribbon—that was within three days of their coming—I will swear it was not six—I am sure they are the men—I had only missed one length before the policeman came.
JAMES ANDREWS (police-constable, M 45.) I was on duty in Vauxhall, on Tuesday, the 27th of September—I saw Lewis and Berry together, two hundred yards from the prosecutor's, walking along, and from what Langley had named to me before, I was induced to watch them—I saw them go up to the prisoner Sudenwood, who was selling walnuts—they whispered something to him, and all there went into a public-house together—in a minute after, Sudenwood came out with something under his jacket—I asked what it was—he said he did know—I put my hand between his shirt and body, and found six rollers of ribbon—I said, "Where did you get these?"—he said, "A young man gave them to me"—I then asked if it was one of those young men who went into the public-house—he said, "Yes, it was"—I took him to the public-house, and Langley went after the other two, and brought them in.
Cross-examined. Q. You went in, and left the two people you suspected? A. I had quite enough to do with the one I had—they walked along till they came to Sudenwood—we went about two dozen yards to the public-house—I did not search them—I had sufficient to do with the mob that was around me to secure my own prisoner.
EDWIN LANGLEY (police-sergeant A 11.) I was on duty on the 27th of September, at Vauxhall—I saw Lewis first and soon after saw Berry—they joined each other, and walked don kennington-lane I told Andrews I suspected they were thieves, I had some slight knowledge of Berry—they went down to Sudenwood, and spoke to him, apparently whispering to him—I then saw them all three go into the King's Head, close by—I then saw Sudenwood come out with something apparently under his jacket—Andrew laid hold of Sudenwood—at that moment Lewis opened the door and saw it, and he ran back—I then went into the public-house to apprehend him—I looked into the tap-room—I could not see either of them, and suspected they had gone into the back premise—I went and found Berry in the privy, some distance from the house—I brought him back to the house, where Andrews had not Sudenwood, and Lewis was standing by the side of him—he found this ribbon on Sudenwood.
Cross-examined. Q. Were Lewis and Berry searched? A. Yes—nothing was found on them—it was a day of public entertainment at Vauxhall—I saw them go up to Sudenwood, and in consequence of seeing Lewis run back, I suspected something was wrong—I saw nothing pass from the hand of one to the other—we did not watch them above ten minutes—it was about six o'clock in the evening—they made a desperate resistance, and Berry made his escape—he jumped out of the window—he was pursued with the cry of "Stop thief," and was taken.