CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand,
SESSION I. TO SESSION VI.
CENTRAL CRIMINAL COURT
FIRST SESSION, HELD NOVEMBER 28, 1836.
MINUTES OF EVIDENCE,
Taken in Short-hand,
On the King's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GOAL 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 THOMAS KELLY , LORD MAYOR of the City of London; the Right Honourable Thomas Lord Denman, Chief Justice of His Majesty's Court of King's Bench; Sir John Vaughan, Knt., one of the Justices of His Majesty's Court of Common Pleas; Sir William Bolland, Knt., one of the Barons of the Court of Exchequer; Sir James Parke, Knt., one other of the Barons of the said Court of Exchequer; Anthony Brown, Esq.; Matthias Prime Lucas, Esq.; Sir Peter Laurie, Knt. Charles Farebrother, Esq.; Aldermen of City of London; the Honourable Charles Ewan Law, Recorder of the said City; Samuel Wilson, Esq.; Sir Chapman Marshall, Knt.; John Pirie, Esq.; Thomas Wood, Esq.; John Lainson, Esq.; John Humphrey, Esq.; Aldermen of the said City of London; John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; His Majesty's Justice of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
KELLY, MAYOR. FIRST SESSION.
A star (*) denotes that the prisoner has been previously in custody—An obelisk (†), that the prisoner is known to be the associate of bad characters.
Third Jury, before Mr. Justice Vaughan.
1. JAMES LAPHAM and THOMAS MEAD were indicted for burglariously breaking and entering the dwelling-house of Mary Pettinger, about the hour of three in the night of the 6th of November, at St. Sepulchre, with intent to steal, and stealing therein 7 spoons, value 15s.; 1 pair of sugar-tongs, value 10s.; 1 time-piece, value 15s.; 1 snuff-box, value 3d.; 2 shillings, 2 sixpences, 12 pence, and 24 halfpence; the goods and monies of the said Mary Pettinger: and 2 shawls, value 8s., the goods of George Eaton.
MARY PATTINGER . I keep the Fox and Knot public-house, in King-street, in the parish of St. Sepulchre. On Sunday night, the 6th of November, I went to bed at twelve o'clock—my family consists of my daughter and servant—the prisoners came in for a pint of beer at half-past eleven o'clock that night, but they did not sit down—there was nobody in the house but my daughter, my servant, and myself—I did not see what became of the prisoners after they drank their beer—I was the last person up—the house was all fastened safe—the door was locked and bolted—it has a spring-lock—the window was fast for any thing I know—I know the girl fastened it at night—the till is a small drawer in the bar, which is always locked—I locked it myself that night before I went up stairs—there might be 5s. in it—I cannot tell to a shilling—I took the keys up stairs with me—about four o'clock in the morning the watchman came up stairs, and called us up, saying somebody had broken into the house—I got up, and went down to the bar—I found the lock of the bar broken open, and the till lock was broken open—I had locked them both before I went to bed—the money was gone from the till; also seven tea-spoons from the till, and the sugar-tongs from the sugar-basin—the prisoners had their beer in the tap-room—I saw them go out of the house, and when they went out I saw my servant fasten the door—I found the door just as it was when we went to bed—it had not been unfastened at all—it was a spring-lock—it was locked and bolted—the key was not left in the lock—the parties must have come in at a side window, as I found it open when I came down stairs—I think that was fastened when I went to bed—my servant always fastens it—a snuff-box and a dial were taken out of the parlour, and two shawls of the servant's from the kitchen—the dial was on the chimney-piece when I went to bed.
Cross-examined by MR. PHILLIPS. Q. Are you a widow? A. Yes—I saw the servant shut up the place myself—I saw her fasten the window
about six o'clock in the evening, but I did not go to it before I went to bed—it was bolted at the bottom, inside—it lifts up—it has an inside shutter, which was fastened—the prisoners were in the habit of frequenting my house—they might not say five minutes that evening—they did not sit down—I was sitting up for one of the lodgers.
MICHAEL DOWNEY . I am a watchman of St. Sepulchre's. I was on duty on the night of the 6th of November; and at four o'clock, as I was coming round the corner, I observed the side door of Mrs. Pettinger's house open—I went in, and found the bar door open—I turned out, and called my brother watchman to my assistance, and called Mrs. Pettinger up—the lock was wrenched off the bar door—I left my brother watchman in possession, while I went to the watch-house to inform the inspector.
MARY ANN EATON . I am in Mrs. Pettinger's service. About six o'clock in the evening of the 6th of November, I bolted the shutter of the side window—the door was shut, and the house secure, when I went to bed at twelve o'clock—I saw the prisoners there, for about five minutes, at about eleven o'clock—they had a pint of beer in the tap-room—I did not see them go out.
Cross-examined. Q. Were you with your mistress when the prisoners came and bad their beer? A. Yes—I staid with my mistress about a quarter of an hour after they had their beer—I did not see them go out—mistress served them with the beer—the side window was fastened with a bolt at the bottom of the shutter—a person inside could easily unshoot the bolt—I think I could get in the from outside by pushing the bottom of the window—it wanted something doing to it—they could get in by pushing the window up, and then pushing the shutters—they could unfasten the bolt by pulling one of the shutters forward—there was nothing to prevent their opening the window, and they could then unfasten the bolt by pushing a shutter on one side—it wanted repairing—there was only one bolt—the bolt was not wrenched at all in the morning—I saw the prisoners drink their beer—they staid about ten minutes or a quarter of an hour—I did not see them go out—I think I was up stairs at the time.
COURT. Q. Are you quite sure you fastened the bolt? A. Yes.
?GEORGE GODFREY. I am inspector of the watch. I went with Downey to the premises, about four o'clock, and found the bar door had been wrenched open, and also the till—I found a piece of iron on the tap-room floor—I observed the window—the shutters were open—there was no appearance of any violence on them; but I discovered a piece broken away at the bottom, and I could put my finger up that aperture, and unfasten the bolt—that hole did not appear to have been recently made—I put my finger in from the outside, and lifted the bolt up—there was no security to the window—it was rather a loose one—I could push the sash up outside, and then put my finger under the bolt, and raise it—I went to the prisoners' lodging in Fox and Knot Court, about half-past four o'clock, as soon as I left the premises—I knocked at the door, and was refused admittance by the landlord—he wanted to know my business—I refused to tell him—I placed two watchman at the house, and told them, directly the door was opened to keep it open, and send for me, which they did, and I found the prisoners up stairs in bed, and asleep—I awoke them, and told them I suspected they had entered the premises of Mrs. Pettinger, which they denied—I then searched the room, and under the bed, found a shawl, and in Mead's pocket a snuff-box, and seven silver spoons and a pair of sugar-tongs behind a garden-pot in the fire-place, with the movement of a time-piece,
but no case to it—I then said I must lock them up as being the party—I did so, and took them before the Magistrate—I asked them if they had been at Mrs. Pettinger's, and Lapham acknowledged he had been there, and left between eleven and twelve o'clock—Mead denied it, and said he met Lapham in Farringdon-street.
GEORGE CARPENTER . I live in Fox and Knot Court; the prisoners both lodged with me. I went to bed at twelve o'clock on the 6th of November—I went to sleep, and afterwards got up and let the prisoners both in together—I cannot say the time, but it was in the middle of the night—I did not know who the watchman was when he came—he said he wanted James, and I said I would not open the door to a stranger, if he would tell who he was, I would open it.
Cross-examined. Q. You observed nothing particular about the prisoners? A. I had no light—Mead lodged with me a year and a half; the other about six weeks, but he has been out of work—they are farriers—they always conducted themselves well.
(James Johnson, farrier, Old-street; and Joseph Mead, the prisoner's uncle, deposed to Mead's good character; and Charles Godby, cow-keeper, Cross-street, Hatton-garden, to that of Lapham.)
LAPHAM— GUILTY . Aged 20.
MEAD— GUILTY . Aged 21.
Strongly recommended to mercy by the Jury on account of their good characters.
Before Mr. Baron Bolland.
2. HENRY HEATHER, JOHN SMAILLS , and ANDREW GILES , were indicted for a robbery on Charles Withersby, on the 2nd of November, at Greenwich, putting him in fear, and taking from his person, and against his will, 1 sixpence, and 2 pence, the monies of the said Charles Withersby.
CHARLES WITHERSBY . I am twelve years old, and live at Royal Hill, Greenwich. On Wednesday, the 2nd of November, I was walking in the Park to find a few chestnuts—the prisoners came up to me, and Smaills said to me, "We must have your chestnuts"—they were all together—they began searching me—I said, "Let me take my money out of my pocket first"—Smaills searched me—the other two were with him at the time—I took my money out, and held it in my right hand—it was a sixpence and two penny-pieces—and then Smaills snatched at it—Philpot and White were with me—when Smaills snatched at it I put the money into my left hand—Heather then threw me down, and Smaills held me—Heather twisted my wrist round—Smaills then kicked my wrist, and they forced me to open my hand, and I dropped the money—Heather picked up the money and threw it a little way—Smaills then picked it up, and ran away with it—while I was down, Giles tried to take my comforter off, but he did not get it—they all ran away—Giles was standing by my feet when Heather threw me down, and Smaills took my money—my companions ran away from me a little way before I was down, and then came back again—I am quite sure the prisoners are the boys.
came up to me, and said, "Have you got any chestnuts?"—I said, "No"—he searched me, and found I had none—then, while he was doing that, Heather and Smaills went to little Withersby, and said, "Have you got any?"—Withersby said no—Withersby then said, "Let me take my money out of my pocket first"—and they then searched him—he was standing up—they found he had got no chestnuts—Heather knocked him down—Giles then went to Master White, and said, "Have you got any chestnuts?"—he said no, and then Giles hit White in the breast, and said, "You be off"—then Master Roberts ran away as hard as he could run—Heather then took the money out of Withersby's hand, and threw it down—they laid him down—his hand was closed—Heather turned his hand round, and Smaills kicked his wrist, and they forced his hand open—Smaills picked the money up, and ran away with it—Giles was standing by his feet looking at them, and said, "Don't take the money away from him"—Smills and Heather then tried to take his comforter, but could not get it—they then all ran away as hard as they could run—I am quite sure they are the boys—I did not see Giles do any thing.
ROBERT SHORT . I am a policeman. I apprehended Heather and Giles on Wednesday evening—on our way to the station-house Giles said to me, "I did not take the money, it was Heather"—he at first denied being there, but afterwards owned it—I locked him up, then went and apprehended Heather at his own house—he strongly denied it.
WILLIAM BODHAM . I am a policeman. I apprehended Smaills on Wednesday evening, the 2nd of November, in a van—I told him I wanted him to go in the station-house on a charge of robbing a boy in the Park—he said "I did not take the money from him, it was Heather and Giles; I stood by and watched them"—I found 6 1/2 d. in his pocket.
HEATHER— GUILTY . Aged 15.
SMAILLS— GUILTY . Aged 12.
GILES— NOT GUILTY .
(The indictment also charged that Heather had been previously convicted of felony.)
JOHN SIZER , (police constable R 103.) I produce a certificate of Heather's former conviction which I got from Mr. Clark's office, (read) I was present at his trial—he is the person to whom the certificate refers.
Before Mr. Justice Vaughan.
3. DANIEL TURNER and JAMES TURNER were indicted for a robbery on John Donohugh, on the 5th of November, at St. Mary, Newington putting him in fear, and taking from his person, and against his will, 3 half-crowns, 2 shillings, and 2 sixpences, his monies.
JOHN DONOHUGH . I live at No. 2, Walworth Place, Newington. On Saturday night, the 5th of November, about half-past nine o'clock, I was returning home—when I got next door but one to my own house, the prisoners came behind me, put handkerchief over my face, and threw me down on the flat of my back on the ground, put a hand into my pocket, and took out 10s. 6d.—there were two persons—I will swear there were three half-crowns amongst the money and I think two shillings and two sixpence—I called for the police, and my wife and a boy came, and a policeman a little after—the men ran away—I had hold of one till he bent my finger, as my hand was round his leg, and then I shifted my hand and laid hold of the collar of his coat—the people came round—they did not know I was robbed, and a neighbour came and bent my finger out of his collar, and then he ran
away—I know the prisoners are the men—Daniel Turner is the man I had hold of, and he had hold of my leg—I never saw them before—it was rather a darkish night—I had plenty of time to see their countenances, for the light came right opposite them—my neighbour had brought a candle out—there was no lamp—I have not the least doubt of Daniel—he is not the man who robbed me, but I cannot swear to the other—they trampled me down to get away from me—Daniel forced my arm from my pocket with his foot, trampling on me—I was a little scratched on the head from their putting their feet on my head to keep me down—they took all my money except twopence, which I had in an old coat pocket—when my wife came out, she picked up the handkerchief which they had put round my head, and said, "This is not yours," and I said it was very likely the handkerchief they put over my face.
James Turner. Q. Were you drunk? A. No—I was as sober as I am now—I do not swear to you—I know Daniel did take the money.
MARY DONOHUGH . I am the prosecutor's wife, and live at Walworth, in the parish of Newington. I heard a cry of "Murder" on this night, and went out—I saw my husband lying in the gutter, and the two prisoners upon him—I came up and spoke to them—I thought it was a scuffle amongst them—I did not think they had robbed him—I never saw them before—I told them go about their business, and let him alone—they made no answer, but when I came up I saw James Turner having hold of my husband's leg, and my husband having hold of Daniel—I am sure they are the men—I will swear to them both—the handkerchief which was found, which Daniel claims, was twisted round my husband's neck as if to choke him—they remained there a few minutes, because my husband would not let go of Daniel—my husband was quite sober—if he had been in liquor he could have held Daniel—I swear to both the prisoners.
Daniel Turner. Q. Do you say you saw the handkerchief round your husband's neck?" A. It was; and you owned that handkerchief as your property at the station-house.
Daniel Turner. It was in my hand when she came out.
James Turner. There were so many Irish fellows about, I thought they would murder my brother—your husband knocked my brother's hat off, and the handkerchief fell in mud—your husband laid down, sticking to my brother's legs, and would not let him get away—what did you see me do? Witness. I saw you hold his legs.
JOHN LEE . I live in Walworth-place. I heard the cry of "Watch," and went out, and saw the prosecutor holding Daniel Turner—I am sure he is the man—the prosecutor was up then, but still had hold of him—I did not see the other prisoner at all—Daniel ran away, and I followed him—he went and hid in a water-closet by the Horse and Groom public-house—I swear he is the same man as the prosecutor had hold of—I did not see any thing of the handkerchief till it was brought to the station-house—I came back, and told them Daniel was in the water-closet—we afterwards saw him standing by a public-house—when he saw us he crossed the road, and ran down West-street—I did not see him taken—I saw James taken by the Duke of Clarence public-house in Penton-place—he had got over a back garden—I saw him in custody of Caselton and Pugh about twenty minutes after—I had been looking after him—when we got to the station-house we found Daniel there, taken by another policeman—one of them owned the handkerchief at the station-house.
James Turner. Q. Did you lose sight of Daniel? A. Yes—it was a
dark night, and I followed you, thinking you were Daniel—I did not tell the Magistrate I never lost sight of him.
JOHN PUGH . I am a policeman. I was on duty on this Saturday night in Penton-place, Newington, and heard the cry of "Stop thief"—I proceeded towards the Duke of Clarence, somebody sung out, "He is gone down the turning"—I went down the turning, and over the first garden wall, towards the back door, and at the end of a shed, I saw James start out of the shed—he ran towards the back door—I followed, and took him into custody—the instant I got hold of him he threw something away, which I found was a good shilling—I produce it—I took him inside the door, put my hand into his pocket, and found three half-crowns, one shilling, and two sixpences—this handkerchief was delivered into my custody at the station-house, and Daniel claimed it as his property.
JAMES CASELTON . I am a policeman. I was on duty—the prosecutrix pointed out both the prisoners to me, running up West-street—I ran after them—I lost sight of James in West-street—I kept in sight of Daniel till he got to the top and turned the corner into Canterbury-place, where I lost sight of him—I ran up Canterbury-place, and heard something crack—I looked round, and saw Daniel coming over from a gentleman's garden—he made away into Cottage-grove, and the corner being dark I lost sight of him again—I searched several gardens—my brother constable came up, and we found Daniel concealed in the grove of a gentleman's garden, among some logs, and secured him—I am confident he is the man I began to purse at first—James was brought back by Pugh—I am sure they are the two men I pursued—when the handkerchief was produced at the station-house, I heard Daniel claim it as his.
Daniel Turner's Defence, My brother and I went into the Horse and Groom on Saturday night, and called for a pint of porter. I fetched some bread and cheese—I came home afterwards with my brother—when we got out he wanted to go to a necessary—he crossed over the road and went down a narrow street—I could not tell where he went to—this man came up with a top coat on—he was drunk, and was going up some steps by his own door—he turned round and said "D—me, you have robbed me"—he knocked my hat of and my handkerchief fell out of it—I turned round to pick it up, and he struck at me again—he fell, and got hold of my legs and threw me down—he screamed "Murder," when he found I was getting up again—I got away from him and walked a few yards, and then ran, as I heard the men say they would give me a good hiding—I waited about the Horse and Groom for my brother, and when I saw the men coming I ran and got over a garden.
James Turner's Defence. We went to the Horse and Groom and called for a pint of beer—I had elevenpence-halfpenny—I paid for the beer, and gave my brother twopence to get some bread and cheese—when we came out, I wanted to go to a necessary—I went down a narrow street to find one, and left my brother waiting for me—when I had been away about a minute, I heard a cry of murder—I came up as soon as I could, and saw a woman standing with a candle, and my brother's hat off, and his handkerchief lying in the mud—I was going to help my brother, and two or three came on me and gave me a blow—I was obliged to run off as fast as I could—I was fearful of their taking both my brother's life and mine—I was a stranger in the neighbourhood and lost my brother—I saw the
policeman coming after me, and was afraid of being taken up, so I ran to a gentleman's back door, but it was locked, and the policeman caught hold of me, and in pulling my arm, he pulled the shilling out of my pocket which fell on the ground.
DANIEL TURNER— GUILTY . Aged 22.
JAMES TURNER— GUILTY . Aged 18.
Before Mr. Justice Vaughan.
4. WILLIAM DEATH was indicted for burglariously breaking and entering the dwelling-house of Elizabeth Lydia Mac Auliffe, about the hour of three in the night of the 12th of November, at St. Leonard Shoreditch, with intent to steal, and stealing therein, 3 spoons, value 12s.; 1 pair of sugar-tongs, value 12s.; 1 cruet-stand, value 4s.; 3 cruets, value 3s.; and 1 table-cloth, value 1s.; her property; 1 shawl, value 10s.; 1 box, value 1s.; 1 pair of ear-drops, value 6s.; and 1 ring, value 1s.; the goods of Henry Johnson.
RICHARD FISHER I am a policeman. On the 12th of November I was on duty, about half-past three o'clock in the morning, in Plummer-street, Hoxton, and saw the prisoner near the door of No. 2, Swan passage, in the parish of St. Leonard shoreditch, which I knew to be a brothel—he was leaning against the wall—I told him to go on—I do not know that he said any thing—he was going on—I then perceived something under his left arm, and asked him what it was—he said a shawl, which he had found in the New North Road—I asked him to let me look at it—I took hold of it and perceived something drop from the shawl—I asked him what it was—he said he knew nothing of it—I picked it up—it was a cruet-stand—he than said it was wrapped up in the shawl which he had found, with a tumbler-glass which he had got in his hat—I took him to the station-house, searched him, and found two silver table-spoons, a silver tea-spoon, sugar-tongs, three cruets, a trinket-box, a gold ring, and a pair of coral ear-drops—I returned to the spot, and there found a table-cloth lying on the ground in the place where I stopped him—there was nothing in it.
Cross-examined by MR. DOANE. Q. How long had you been on duty? A. Since nine o'clock the night before—the prosecutrix's premises are about a quarter of a mile from where I saw the prisoner—they are not on my beat—the prisoner was quite sober—he did not appear to have been drinking.
WILLIAM COOK . I am a policeman. I was in Gloucester-street, in the parish of Shoreditch, on the 12th of November, from nine o'clock at night till six o'clock in the morning—the prosecutrix's house in No. 22, New Gloucester-street—at five minutes after five o'clock I tried the parlour shutters—they seemed to be close—on pulling them open I found the sash thrown quite up, and the glass broken where the catch fastens—one of the blinds was taken off the hinge, and the sofa pushed away from the window nearly a yard—part of the glass appeared to be cat and laid on the floor of the room—that would admit a hand to lay hold of the catch—I alarmed the family—the prosecutrix came down stairs—she got a light, and missed the property—there was a little boy, fourteen or fifteen years old, asleep in the front parlour—in the corner of the room where the robbery is supposed to have taken place—there was a bed on the floor.
Cross-examined. Q. was the boy a stranger to the place? A. No the son of the person who occupied the parlour—these premises were on my beat—I
make a regular round of my beat—it takes me half an hour to go round—I had passed these premises twice after four o'clock—it was in consequence of trying the shutter that I found the window open—I tried the shutter at half-past nine, and again at one—it was safe then—the shutters had been newly painted, and stuck together when I pulled them open—it was a very rainy, wet night—the street is paved.
HENRY JOHNSON . I am an engraver. I lodged in the two parlours on the ground-floor of Mrs. Mac Auliffe's house—I sleep in the back parlour, and use the front as a sitting-room—I went to bed between one and two o'clock—Cook alarmed us about five o'clock—he knocked at the door, and remained outside the window—I got up and observed the window open, and the policeman standing there—we proceeded to examine the premises, and missed a stand, three cruets, two table-spoons, a pair of sugar-tongs, a tea-spoon, a tumbler, a small box containing a pair of coral ear-drops, a broken wedding-ring, and some shirt-studs—I also missed a shawl of my wife's, which had been on the sofa the night before, and a table-cloth—the sugar-tongs, spoons, and cruets, belong to Mrs. Mac Auliffe—I have the use of them—I am sure the front-parlour window was safe when I went to bed.
Cross-examined. Q. Is there not an iron fastening which holds it down? A. Yes—there was a piece cut out of the glass—the shutters were also fastened with a bolt—it had been wrenched off, and was found in the shutters, but not unfastened—they must have been wrenched open.
ELIZABETH LYDIA MAC AULIFFE . I am a widow, and live in New Gloucester-street—I get my living by letting furnished apartments. Johnson has lodged with me about six months—these cruets, spoons, and things which were in the front parlour, are all my property—I was disturbed about five o'clock—I came down immediately, found the parlour as described, and missed these things—this shawl is Mrs. Johnson's—the table cloth is mine.
(MR. DOANE, stated the prisoner's defence to be, that he was out on the night in question, carousing with his companions, and on coming home found the bundle in the New Road.)
(James Robinson, boot and shoe maker, 22, Clerkenwell-close; and Mary Robinson his wife, deposed to the prisoners good character.)
GUILTY— DEATH . Aged 24.
Before Mr. Justice Vaughan.
5. JAMES RILEY was indicted for burglariously breaking and entering the dwelling house of Thomas Stevens, about the hour of one in the night of the 17th of November, at St. Mary Matfelon, alias Whitechapel, with intent to steal, and stealing therein, 1 till, value 2s.; 720 pence, and 2, 880 halfpence; the goods and monies of Thomas Stevens.
THOMAS STEVENS . I am a soap maker and tallow chandler, and live at No. 65, Rosemary-lane, in the parish of Whitechapel. On the 17th of November I went to bed about half-pastten o'clock—Gilbert was the last person up—in the morning by a private watchman—I got up, and found the shop door wide open, and 9l. worth of halfpence and pence, which had been tied up in 5s. papers, gone, and the till, and a great quantity of coppers besides, which were loose in it—the till had been locked, but it was so heavy it could be opened by being drawn down—I examined the premises, and there is a little back-shutter right up under the ceiling in the kitchen, which was done to admit air—it is about nine feet from the ground—I found that open,
and by foreing it open it had stopped the clock at half-past one—I suppose that was the time it was done—I did not observe whether that shutter was fast the night before, but the cracks round it had been stopped with paper, to prevent the cold coming through—there was a button to it, but I do not know whether it was fast, but it was quite closed, with the paper round it, and it would take a smartish push to get it open—that shutter communicates with a little yard of mine, which leads into another yard, and then into a cow-yard—we traced footsteps from that shutter across into the cow-yard—there were marks of two naked feet down the wall into the cow-yard, where we found an old pair of shoes—they were prints of naked toes scraping down—the policeman was with me.
JOHN GILBERT . I am assistant to the prosecutor. On the night of the 17th of November, at about a quarter to eleven o'clock, I fastened the house up—I chained and barred the street door—I examined the other two doors—I know nothing of the little shutter in the kitchen, I did not notice that—there was no window to make fast—I recollect now that the shutter was closed.
THOMAS HOBBS . I am a watchman in Rosemary-lane. On the 18th of November, as I was calling three o'clock, I found Mr. Steven's street door wide open—I called Fisher to my assistance, pulled the bell, and alarmed the house—I had tried the door at one or two o'clock, and found it fast—I know nothing of the little shutter.
JAMES SMITH (police-sergeant.) I went to the prosecutor's premises about half-past three o'clock on the 18th of November, and traced footsteps from the back door to the cow-yard—I traced them to and from the premises—there were two marks of bare feet on the cistern-from the prosecutor's yard into another yard, and then into the cow-yard, where I found this pair of shoes—I took the prisoner about half-past eleven o'clock the same morning, in the Minories, and took him to the station-house—I had received information before that, and went to a cook's shop in Essex-street, Whitechapel, and inquired if a bundle had been left there, and the woman gave me one—I took Aaron Martin with me—I got my information from him—I have the bundle here—it contains a pair of trowsers, a pair of stockings, a pair of braces, a neck handkerchief, and a pair of shoes—they are all new—I showed the prisoner the old shoes which I had found at the station-house.
AARON MARTIN . I am a dealer in old clothes, and live at No. 2, Swan Court, Petticoat-lane. I have known the prisoner about a fortnight or three weeks—I saw him in a Minories about half-past ten o'clock on the morning of the 18th of November—he asked if I was going any where—I said, "No where particular"—he said, "Will you go with me to buy a pair of shoes and a pair of trowsers?"—I went with him, and took him to Martin's, a shop-seller—he bought a pair of trowsers for 6s. 6d., and paid for them all in halfpence—I then went with him and bought a pair of shoes at Isaac's, in Petticoat-lane, for 5s.—he paid a shilling in copper, two sixpences, and three shillings—we took the things and left them at a cock's shop in Essex-street, where I afterwards took the policeman—we then went to Mr. Welby's public house, opposite White Lion-street, and bought a quartern of rum—I then went to a stocking-shop with him, and bought him a pair of stockings, cravat, and braces, which came to 2s. 7d.—he put down a half-crown and a halfpenny, and he owed the man a halfpenny, as he had nothing less than a shilling, which the man could not change—he told me he wanted to buy a frock-coat—I parted from his, and agreed to meet him again in half an hour—in the mean time
I went down Rosemary-lane, and heard the police were after me for a robbery—I went up to Denmark-street and surrendered myself—they told me to go and look for sergeant Smith—I went, and met him—I asked if he wanted me, and told him my name—he said, "You have had your whiskers off since last night"—I said, "I never had any more then I had then"—he asked me if I knew these old shoes?—I said, "I think I know one of them, by being broken at the toe"—it had been shown to me a few nights before in a public-house by the prisoner, and he said, if it had not been for his since being torn in the bridge, his foot might have come off—the shoe produced is turn in that part—I have not a doubt one of them is the shoe he showed me—the first of my knowing the prisoner was seeing him come out of Bridewell as I was passing—on the Tuesday before the robbery, which was on Thursday, he said to me, as I was playing at cards with him, "What could I get a pound's worth of copper changed for?"—I told him, for 1s. or 1s. 6d.—he said he could go to Sowerby's the pawnbroker, and get them changed for 4d. in the pound.
Prisoner.—He says he met me coming out of Bridewell—I was never in Bridewell in my life—I never mentioned a word to him about the shoes.—Witness. He showed me the shoes in the public-house, and said the bridge caught in his shoe, or he might have had his foot off.
JOHN BURROUGHS . I am a policeman. I know the prisoner—I can swear to this one shoe being in his possession the day before the robbery—it was not on his foot, he was repairing it—it had been torn by some force or other, and he was mending it with a fork—I am positive it is the same shoe—I produce a till which I found in Dock-street, fifty or seventy yards from the prosecutor's—there was about 7 1/4 d. in coppers in and about it.
Prisoner. He says I was mending the day before the robbery, and I was two days from home—my father and mother can swear that. Witness. He asked me that question before the Magistrate—I had a witness in court to prove the shoe—knowing him before, I took particular notice of his apparel.
THOMAS STEVENS re-examined. This is the till I was robbed of that night—I saw the prisoner walking by a day or two before, looking in at my shop-window—my coppers are visible from the window—they stand in papers along on the back drawers—when he came up as far as my gate, he turned round and looked at me—he had on an old pair of shoes like these, with a red tie similar to this—I had observed the shutter was closed.
Prisoner's Defence. I had not been well—I made up a raffle among my friends for some silk handkerchiefs at the George the Fourth, and made up about 35s., which I can prove—I have had two raffles—I am as innocent of this as any body—I was unable to commit a robbery, not being able to stand on my feet I was so ill.
GUILTY— DEATH . Aged 18.
Before Mr. Baron Parke.
6. RICHARD STILES and GEORGE JAMAISON were indicted for burglariously breaking and entering the dwelling-house of Charles Pugh, about the hour of one, in the night of the 13th of November, at West Ham, with intent to steal, and stealing therein, 1 pair of shoes, value 4s.; 1 hat, value 5s.; 4 handkerchief, value 2s.; 6 images, value 6s.; 2 pairs of stockings, value 1s.; 1 flannel shirt, value 1s.; 1 jacket, value 5s.; and 2 tobacco boxes, value 1s.; his property.
keep the house. On the 13th of November I went bed about a quarter past twelve o'clock—I fastened the doors and windows—the parlour window was fast, but not the shutters—they are outside—I was alarmed at a quarter before three o'clock by the watchman—I got up and went all over the house—I found a square of glass cut out near the catch which fastened the window—the window shutters were closed but the window was showed up—all the doors of the house were open, except the room I slept in—the street-door was left open—I found the watchman inside the door—after the watchman was gone I looked over the house and missed a pair of shoes, two handkerchiefs, and a hat, with other things—I had worn the shoes on the Sunday, and left them and one of the handkerchief in the back room, the door of which was latched, but not fastened, when I went to bed—the hat was also there—every thing was taken out of the back room except the images—I lost other property which is not found—I found a pair of shoes near the front door which did not belong to me, and in one of them I found a letter—the shoes were close to the front door inside the house, and a pair of stockings were left in the back room—I gave the letter to the policeman on the Thursday following, and saw him give it to sergeant Derrig—the watchman who alarmed me is not here.
CATHERINE STARKS . I received this letter and gave it to the prisoner Jamaison on a Thursday in November—I do not know the day of the month—it was directed for me by Mary Morton to give to him, as she did not know where to direct to him—it was two or three days before he was taken up—I am sure it was on a Thursday.
WILLIAM CLAY . I am a policeman. On Sunday, the 20th of November, I saw the prisoners in company together in Commercial-road, between nine and ten o'clock in the morning—I saw another policeman, and called to him—Stiles then turned round—I was close behind him—he saw me and ran away—I called to Crow, and told him to run after him, and I took Jamaison into custody—he did not try to run away, as I seized him before he could do so—we took them both to the station-house—I found a pair of shoes on Jamaison, and a handkerchief on his neck, and a silverplated candlestick, which is not claimed, concealed about him—I have seen the prisoners together before—I spoke to them a week before that, and on Friday night, the 18th, I spoke to them in the Highway, when they were in company with others—I had seen them together, both in Mileend and the Highway, before Sunday the 13th.
GEORGE ELLIS . I work for the prosecutor, and am a copper-printcutter I use a gouge, which is a chisel with a round edge—I left it on his premises on the morning of the 12th, in the rack in the back room, with my other tools—I missed it on the Tuesday morning.
Stiles to JOSEPH CROW. Q. Did I tell you how I got the handkerchief? A. Not at the station-house—you did not say that Jamaison
had given it to you—you said so at the Thames police—you did not say at what time he gave it you—I found nothing else on you.
THOMAS SMITH . I am a policeman. I have known the prisoners some time—they have together in the same house, in Twine-court, High-street, Shadwell—they used to resort together—I searched that house on the 20th of November, but found none of the stolen property there—I found this gouge on the roof of the privy there.
CHARLES PUGH re-examined. This hat is the one I lost—I know it by a mark in the lining of the crown—it has been burnt—these shoes are mine—I know them by holes in the soles—there are mine holes in the sole, and three in the heel, where I screw spikes in, to play at cricket—I know the handkerchief—I lost one of the same pattern.
MRS. PUGH. I know these two handkerchiefs by the work—I hemmed them myself.
Stiles's Defence. I am quite innocent—this young man came to me, and asked if I wanted a handkerchief—I said, "Yes"—he said, "If you will stand a pot of beer, you shall have this"—I did not know it was stolen, and put it on my neck.
JAMAISON— GUILTY— DEATH . Aged 31.
STILES— NOT GUILTY .
Fourth Jury, before Mr. Justice Vaughan.
7. FRANCIS FRAKE , was indicted for that he, on the 9th of November, at St. Matthew, Bethnal-green, in and upon Charles Frake, unlawfully, maliciously, and feloniously, did make an assault, and unlawfully maliciously, and feloniously did wound and cut him upon his head, with intent, in so doing, to do him some grievous bodily harm.
CHARLOTTE SMART . I am a widow. I was living with the prisoner last month, at No. 5, Digby-walk, in the parish of St. Matthew, Bethnalgreen—I am not married to him—Mrs. White lived in the house with me—he had two children—Charles is the youngest—On Wednesday afternoon, the 9th of November, the boy brought me two half-crowns from the prisoner, instead of 6s., which he was to have brought me—the prisoner came home at 9 o'clock—he asked how much money I had laid by for him—I told him I had put him away 3s.—he said, "Is that all, out of six?"—I said, "How can you make 6s. out of two half-crown pieces?"—he said, "You don't say so?" and calling to his son Charles, who was in bed, he said, "How much money did I send home by you to Mrs. Smart?"—the boy said, "Father you sent me home with 6s., but I have lost a shilling?"—he directly said, "Then I will shilling you"—he caught hold of a long hair-broom and struck the child twice with it over the head, very violently, with the head part of it where the hair is—he was in bed then—he struck him a second time, and the boy cried out for mercy—Mrs. White came up into the room, and took the child to the doctor's—the child was still in bed when he received the second blow—I took him not myself—he did not try to get out—he had two wounds, one on the top on his head, and the other across his forehead—they bled very violently indeed—he bled very much from the wound on the top of his head—I do not remember the prisoner saying any thing to the boy, or the boy to him—he gave no provocation at all, no more than saying he had lost at the lost the shilling—he
did not use any provoking expressions—I had lived there about six weeks—the prisoner was very kind indeed to the boy—I never know him beat him before—he was a very good boy indeed, and his father was very kind to him.
Prisoner. I was very much in liquor. Witness. He was very much intoxicated indeed—I had taken the boy out of bed when Mrs. White came up—he was quite sensible—the broom was a very old one—the wood part came in contact with the boy's head—there were only a very few hairs on it—it was a long hair broom.
MARK JARVIS . I am a policeman. I apprehended the prisoner on Thursday, the 10th of November, the day after this happened in his own house—I have the broom here (producing it)—I took that in the prisoner's presence—he acknowledged to its being the broom, himself—I asked him if he was the person who ill-used the child—he said he was.
MARIA WHITE . I live in the same house as the prisoner. I heard Mrs. Smart calling out for money, and went up stairs—I saw her in the act of hanging round the prisoner, which the child in her arms—she was asking him for mercy, and not to do murder quite—the child was bleeding very much from the head in two places—I sat him on the stool—the prisoner was in liquor—he put his fist over the table, and said, "You young rascal, I will kill you right out"—I took the child down stairs into my own room—the prisoner took him from me afterwards—he is about ten years and a half old—I do not know how he was brought up—they are quite strangers to me.
JOHN REVETT CLOUTING . I am a surgeon at the London Hospital. The boy was brought there on the 9th of November, about nine or ten o'clock at night—he had two wounds on his head—the one on the upper part of the forehead was a slight wound, but the one on the top of the head was very severe—it was a contused lacerated wound—there was a great deal of blood under the scalp—the skin was divided—it was a bleeding wound—the opening was about a quarter if an inch—the extent of the bruise all round I suppose was four inches in circumference—it was a dangerous wound—the boy had slight symptoms of concussion of the brain—I judged so from the symptoms—he had slight sickness, and was rather insensible for a time—I should not suppose he had lost much blood—these kind of wounds do not bleed freely—the boy is still in the hospital, he has been there three weeks—he is doing very well now—they were both contused wounds.
MARIA WHITE re-examined. The child left the house to be taken to the hospital, about ten minutes or a quarter past nine o'clock—the father took him as far as the gate—I followed him, and a young man, named King, took him from his father's arms at the gate, and took him to Dr. Taylor, by desire of me and Mrs. Smart, and then took him Dr. Burney, who sent him to the hospital—the father did not go farther than the doctor's with him.
Prisoner's Defence. I went to take three rope-mats to sell, and took Charles with me to send him home with the money to get the children victuals—I sent him with 6s.—I was going to Limehouse to get some stuff—I met three men, and got very much in liquor with them—I do not recollect coming home, nor yet striking the boy at all—I was very much in liquor.
GUILTY— DEATH . Aged 33.
(Strongly recommended to mercy by the Jury.)
Before Lord Chief Justice Denman.
8. JOHN THOMPSON was indicted for burglariously breaking and entering the dwelling-house of Jane-Adams, about the hour of six in the night of the 21st of November, at St. Giles in the Fields, with intent to steal, and stealing therein, 1 pair of sheets, value 7s. 6d.; 1 blanket, value 3s. 6d.; and 1 quilt, value 4s.; the goods of the said Jane Adams.
ELIZABETH ADAMS . I am the daughter of Jane Adams, who is a widow, and live at No. 1, George-street, in the parish of St. Giles in the Fields. On the evening of the 21st of November I fastened the house up about a quarter to six o'clock—I fastened the back attic window by a catch in the sash—the things were safe then in the attic—it was quite dark—I heard afterwards of somebody being stopped, and went to the station-house—I went up stairs first, and found two panes broken, and the catch broken—a person could put his hand in, and open the window, but could not get his body into the house, as there were bars—the bed-clothes were gone, which had been on the bed when I fastened the window—they were about a yard from the window—I do not think any body could get their arms through the railing; but a stick has been found—I missed a pair of sheets, a blanket, and a counterpane—these are the articles (looking at them.)
WILLIAM DODD . I am a policeman. On the evening in question, in consequence of information, I went into some unfinished, houses near the prosecutrix's, and searched several of them—I then got on the parapet-gutter, and saw the prisoner standing in the gutter of the roof of No. 4—he had this property under his feet—I took him into custody—the articles laid loose under his feet, all tumbled together—they were wedged into the gutter as he stood upon them—I asked him what he did there—he gave no answer, and I took him to the station-house.
THOMAS HAYSMAN . I went into my back yard about six o'clock in the evening, and saw somebody on the top of the house with a bundle under his arm, walking along the gutter of the parapet of No. 4, which was uninhabited—I gave information to Dodd—I saw the prisoner in custody three or four minutes after, with the articles—I did not notice the man so as to know him again.
WILLIAM DODD re-examined. I saw nobody in the unfinished houses at all—the parapet and gutter runs on from No. 4 to No. 1—on the following morning at daylight, I went with my brother officer, who got out on the roof, and picked up this stick and gave it to me.
GUILTY— DEATH . Aged 36.
Before lord Chief Justice Denman.
9. WILLIAM GRACIE was indicted for burglariously breaking and entering the dwelling-house of George Joseph ford, about the hour of one, in the night of the 31st of October, at St. Andrew, Holborn, with intent to steal, and stealing therein, 2 pair of boots, value 12s.; and 3 pair of shoes, value 10s.; his property.
GEORGE JOSEPH FORD . I am a boot and shoe maker, and live in Field-lane, in the parish of St. Andrew, Holborn. On the 31st of October I had been very ill in bed for some time—I do not know any thing about the fastening of the house—about two o'clock in the morning I was sitting up in bed, and heard a violent knocking at the door—shortly after, my young man, who sleeps below in the shop, came and knocked at my bed-room door, and gave an alarm—I could not get up, but desired him to take the keys of the shop—there was a knocking at the outer door—the keys were in my room—he took and went down, and was down stairs about an hour
and a half—some shoes and boots were produced (looking at them.) I know these are my property.
Cross-examined by MR. DOANE. Q. How do you know them? A. I have private marks on them—they are my own manufacture—there is nothing to enable me to swear they have not been sold.
THOMAS SAMUEL BELL . I was in the employ of Mr. Ford. On the 31st of October I was disturbed about two o'clock in the morning by the watchman knocking—I went to master's door, got the keys, and went down and unlocked the door—the watchman showed me where the house had been broken—the shop-door is in two parts, forming a hatch, and is fastened by two bolts which go across it—violence had been used to those bolts, and a person could then enter the shop, which is part of the dwelling-house—I searched to see if there was any body in the house, but found nobody—next morning the policeman produced these boots and shoes—I know them to be master's—I had tried this pair of boots on a gentleman on the evening of the 31st of October, and said to the prisoner, "Look what high boots these are"—he had been a shopman of ours—I knew him before—I know this pair of boys' boots, and this pair of secondhand ones was in the shop at ten o'clock that night—the prisoner had assisted me to shut up the shop that night about ten o'clock, and mistress gave him a supper, and I fastened the two bolts with his assistance—here are two more pairs of shoes which I know—they are always in the window—I missed them in the morning—I know them to be the same—here is another pair, but I cannot swear these were taken out that evening.
Cross-examined. Q. You had these boots in your hand on the evening in question? A. Yes; they were at the side of the shop, hanging on pegs—I had this one pair of boots in my hand about nine o'clock—the prisoner stopped to supper—I saw him go away—our shop is at the corner of Holborn—he left about a quarter past ten o'clock—I am quite sure the shop was fastened after he left—I had seen him bolt the door in question—I fastened the door after him when he left, that was not the door which was broken—I am sure all the doors were fastened—I was the last person that went to bed—we had no customers in the shop after nine o'clock.
HENRY BROOKS . I am a policeman. I saw the prisoner on the morning of the 1st of November, in St. John-street, about a mile from the prosecutor's shop, at half-past one o'clock—he had two pairs of boots and three pairs of shoes—I stopped him—he said he had bought them at a stall in Petticoat-lane—I took him before the Magistrate next morning.
DENNIS LEWIS . I am a watchman. About ten minutes after two o'clock on the 1st of November I found the hatch of Mr. Ford's doorway was shoved in, and there was room enough for a person to get in—I had not seen the shop since ten o'clock—that was before it was fastened up—after Bell came down, I found one bolt thrown out of its place, and a splinter of the wood-work pushed aside—(I rang the bell, and Bell came down)—the other bolt was also injured.
Cross-examined. Q. When was the last time you found this shop safe? A. That was the first time I went to the house—it did not appear that an instrument had been used—it appeared to be forcibly kicked in, for there was mud on the door—it could be forced in by kicking—there were two strong bolts.
GUILTY— DEATH . Aged 19.—Recommended to mercy by the prosecutor, being intimate with his relations
First Jury, before Mr. Justice Vaughan.
10. WILLIAM RAE, JOHN WELSH and JOHN ROGERS , were indicted for burglariously breaking and entering the dwelling-house of John Burch, about the hour of ten in the night of the 22nd of November, at St. Andrew, Holborn, with intent to steal, and stealing therein, 7 watches, value 12l., his property.
JOHN BURCH . I am a dealer in jewellery, plate, and other articles, and live at No. 82, High Holborn, in the parish of St. Andrew, Holborn. About a quarter past ten o'clock at night on the 22nd of November, I was in the parlour at the back of the shop, which was not shut up, the door was open—I heard the breaking of glass—I went into the shop, and found a square of glass broken which was sound before—I had noticed it within half an hour—I missed seven watches, which hung close to the glass, on a brass road, they could be reached with a hand—the prisoners were about 8l.—the shop-door was open, but I am certain they did not come in and take them.
MARY ANN TUNGATE . I am the prosecutor's sister. I was never the shop-door about ten o'clock on the night in question, and saw all the three prisoners—they all three went along together near the shop—when they got opposite the shop they stopped, and Rae shoved his elbow through a square of glass—I saw him put his hand into the pane which he had broken. and take something out—I could not distinguish what it was—Rogers did not put his hand in—he ran away—I am not quite positive whether he ran away before Rae put his hand in, or after—I saw Welsh put his hand in and take something out, and they ran away—I did not observe whether they all ran in the same direction or not—I called out, "Stop thief!" and people ran and brought the prisoners back—I am quite sure they are the three boys.
Rae. She knows nothing about it—she was not in the shop at the time—there was an oldish woman standing at the door at the time I did it—she was not there at all.
Welsh. I did it through distress—we were wet through, and had nowhere to go—we did not mean to run away with the property.
WILLIAM NICHOLLS . I live at the Lunatic Asylum at Hoxton. I was in Holborn, between ten and eleven o'clock, by Day and Martin's, about a hundred and fifty yards from the prosecutor's—I heard a cry of "Stop thief"—Rae ran towards me—I stopped him with a watch is his hand—I told him he had made a bad job of himself—he said he had done it through distress, and he wished to be transported.
JAMES BAKER . I am a policeman. I was in Dean-street, Holborn, and heard a cry of "Stop thief"—I observed Rae run by the end of Dean-street where I was—I ran, and found him stopped by Nicholls, and found a watch in his hand—as I took him back to the shop, he said there were two more in it—I looked behind and saw Welsh in the mob—directly he saw me looking he hung back, and I took him also—while I was searching Rae at the shop, Welsh took a watch from his shirt, and said, "I will not hide it from you, take it"—he told me there was another one in it—one watch was picked up by the mob, and given to me.
WILLIAM CLARK . I am a policeman. In consequence of information I took Rogers standing opposite the prosecutor's house just after ten o'clock—I had seen him up and down Holborn several times, in company with the other two prisoners—I had had him in custody about half an hour before for stealing a pair of trowsers, but he as let go—I heard of this robbery
about twenty minutes after—when I took him he said, "I have not got either of the watches, I was not quick enough," and that he was waiting for the other two prisoners.
Rae's Defence. I know nothing a Rogers—I only did it from distress, having no home—I never knew my father and mother.
Welsh's Defence. We were wet through when the policeman took us—I went to the watch-house before I stole any thing, and asked them to give me a night's lodging: and whenever I go for relief they tell me to go thieving—I went and did just what they told me to do—I do not care what is done with me, so that I do not lay in the streets.
Roger's Defence. I had none of the property and was not with them when they did the last robbery—I was when they took some trowsers just before
JOHN TEDMAN . I am a police-inspector. The prisoner Welsh has been brought to me at the station-house several times, both night and day—he was starving, and I have often given him coffee—Mr. Rawlinson, the last time I took him, said he did not know what to do with him, that he was an intelligent young man, and it was a pity to send him to prison.
RAE— GUILTY . Aged 25.
WELSH— GUILTY . Aged 17.
Strongly recommended to mercy on account of their distress.
ROGERS— NOT GUILTY .
LONDON AND MIDDLESEX LARCENIES.
OLD COURT.—Monday, Nov. 28th, 1836.
First Jury, before Mr. Recorder.
ROBERT JOHNSON. I live in Fenchurch-street. All the property on the premises belongs to me.
THOMAS CHOPPING. I am clerk to the prosecutor. On the 1st of September the prisoner came to the warehouse, in Fenchurch-street, and said he called from Charles Lee and Co., ship-chandlers at Wapping, who had a considerable order to give for some coffee-mills, and if we woulds end a quantity of samples down, we should have the order, if approved, by next day—I sent a quantity down, with the prices—a few days afterwards the prisoner called again, he stated that Mr. Lee approved of them, and told me to send down a dozen of small sizes and a dozen of larger sizes—I sent them by our young man, with particular instructions not to leave them without the money—he brought them back, and next day I went to see Mr. Lee respecting the patterns—the patterns have never been returned—I did not see the prisoner again till he was apprehended—I know nothing of his having them in his possession—I sent then down by a porter, and wrote on the list of prices "on approbation."
GEORGE COTTRELL . I took the coffee-mills, as samples, to Lee and Co., No. 328, Wapping—I delivered them to an old man—not the prisoner—I went again a few days afterwards with some more of different sizes—I did not get the money, and brought them away again.
Cross-examined by MR. CLARKSON. Q. You had the old man at the office, and he was discharged? A. Yes.
THOMAS BERRY PERCIVAL . I am a constable of Portsoken Ward. The prisoner was given into my charge, with one Horner—they were before the Lord Mayor two or three times—I went to the house at Wapping, and found some papers, among which was the one referring to the coffee-mills.
THOMAS CHOPPING re-examined. The prisoner told me he came from Charles Lee and Co.—I supposed him to be the clerk—I do not know of the mills having been in his possession—when he called next time he said Mr. Lee had inspected the patterns, and approved of them—(looking at a paper) this is the bill I sent with the samples—it is a list of prices of the coffee-mills sent—the bill is headed "bought of Robert Johnson and Co."—if the samples were approved, they were to be detained to see that the goods afterwards sent answered to the samples—it was not intended as a bill of parcels—I understood from the prisoner that they were to be returned—I think I should have taken the money for them if it had been offered.
NOT GUILTY .
NOT GUILTY .
OLD COURT.—Tuesday, Nov. 29th, 1836.
Second Jury, before Mr. Recorder.
GUILTY. Recommended to mercy. — Confined Two Months.
GUILTY . Confined Two Months.
SAMUEL JOHN GROTTECK . I am a furrier, and live in Wood-street. The prisoner was employed by me as an errand girl for about three months—on Saturday, the 29th of October, I observed a lady's squirrel tippet on the cellar stairs—I took it away, and put another in its place, which I marked "S. J. G."—I set a man to watch who would come to take it away—it is worth about 3l. 10s.—I did not mark the one I removed—it has been sold since.
SAMUEL HICKLING . I am in the prosecutor's employ. On Saturday, the 29th of October, I was concealed in the shop, and saw the prisoner there alone—she could not see me—after she had been in the shop a short time, I saw her take a chinchilla tippet off the counter, and put it into her pocket—and a few minutes afterwards she went to the cellar-head, stooped down, took the squirrel cape, and put it under her clothes—an officer was sent for, and the property was found on her.
out this cape, and the other I saw taken from her pocket—I went to her mother's, and found in a box this cap which the prosecutor identifies.
(Property produced and sworn to.) J (William Lewis, a weaver, gave the prisoner a good character.)
GUILTY. Aged 13.—Recommended to mercy.
Transported for Seven Years.—(Penitentiary.)
JOSHUA JUDGE . I am a Thames police-surveyor. About twelve o'clock in the day, on the 16th of November, I was in East Smithfield, and saw both the prisoners together, following the prosecutor—I saw Sweeney attempt to pick his pocket—Ward appeared to push him on one side, and immediately drew the handkerchief from the pocket, doubled it up, and passed it immediately to Sweeney—I secured ward, and Bartlett, who was with me, secured Sweeney—I saw the handkerchief lying at Sweeney's feet—I took it up, and Ward said, "That is my handkerchief"—I said, "No, you have stolen it from that gentleman's pocket"—but he said he had not, that it was his.
Ward. Q. You said you saw us follow the gentleman from Denmark-street? A. I saw you both follow him about a hundred yards—I do not know where Denmark-street is.
Ward. I said the handkerchief in my pocket was my own—not the one on the ground. Witness. He did not produce a handkerchief from his pocket; he claimed the one on the ground—I found one in his pocket at the office.
JOHN BARTLETT. I am a Thames police-officer. I was with Judge, and saw Ward put his hand into Mr. Addison's pocket, take the handkerchief out, and give it to Sweeney, who dropped it when I laid hold of him—I acquainted Mr. Addison of it—he felt his pocket, missed a handkerchief and identified the one produced—when it was picked up Ward said it was his own; Sweeney said I was mistaken when I laid hold of him, and that two Irish porters had gone up a turning, who took the handkerchief.
Ward. Judge told a labouring man to go after a gentleman who was going towards St. Katharine's Docks, and that gentleman said he had not lost his handkerchief—they asked him again, and showed it him; and he said, "It is not mine"—they took us to a public-house, and searched us; and, when there, the prosecutor came in, and said it was his—he had been asked about three times. Witness. I heard nothing of the kind pass.
THOMAS ADDISON . I am commander of a brig, and live at South Shields. I was in East Smithfield on the 16th of November—Judge called my attention to my handkerchief—I felt in my pocket, and missed it—I said it was mine when I saw it—I never said it was not mine—This is it.
(The prisoners put in a written defence, stating that two boys, without shoes or stockings took the handkerchief threw it down at Sweeney's feet, and ran away; and that the prosecutor several times denied having lost his handkerchief.)
to take it, not two boys without shoes—I must have seen if there had been any.
WARD*— GUILTY . Aged 18.— Transported for Seven Years.
SWEENEY*— GUILTY . Aged 16.— Confined Twelve Months.
GUILTY — Confined Three Months.
WILLIAM CHILD . I live at Barking. On Saturday evening the 5th of November, I was going down the Minories)—I saw the prisoner coming round the corner of John-street, out of the Minories, with something under his arm—I saw him throw the string, which was round it, down an area—I went after him, and took him to Mr. Brown's, which was the first linendraper's shop—he was wrapping the cotton up in a handkerchief when I secured him—the prosecutor claimed it.
Prisoner's Defence. Coming down the Minories, a respectable person put the cotton into my hand, and said, he would pay me for my trouble if I would carry it for him.
GUILTY . Aged 25.— Confined Six Months.
WILLIAM CHILD . I am an officer of the Tower-ward. On the afternoon of the 9th of November, I was in King-street, near Guildhall—I saw the prisoner with another—they went from Guildhall towards Cheap-side, following two gentlemen—they crossed from the top of King-street to go up Cheapside—there was a very great crowd there—Mr. Barbour had got in among the crowd—they followed him close up—the prisoner got in amongst the crowd close to Mr. Barbour, he got the handkerchief out of his pocket, and was putting it behind him, as if to give it to somebody, when I took it from his hand, having got in between him and his companion—I collared him and took him to Guildhall, but found nothing but a common handkerchief on him.
Prisoner. If I was common pickpocket, is it likely I should put the handkerchief into his hand—the gentleman had his handkerchief out part of the way, this man caught hold of me and snatched the handkerchief out of the pocket himself. Witness. I did not pick the gentleman's pocket—it was not hanging out at all till the prisoner pulled it out.
GUILTY . Aged 18.— Transported for Seven Years.
GEORGE PEARKES . The prisoner was my errand-boy. On the 7th of October I gave him 18s. 3d., being the difference of a sovereign which Mr. Milner had sent to me, to pay for some ginger-beer, about five or
six o'clock in the evening—I never saw him afterwards till the 21st, when I apprehended him in Cloth-fair.
Prisoner. My father has paid some of the money. Witness. I received 1s. before I took him into custody—the father worked for me, and allowed me to stop 6d. a week, but with the understanding that I was to prosecute the boy as soon as he was taken, as he was such a bad boy.
PHILIP COSTIN (police-constable F 91.) On Friday, the 21st of October, I received the prisoner into custody—he told me he had been to the Surrey Theatre, and had the money taken from him by another boy, and since that he had been to Birmingham.
GUILTY . Aged 15.— Confined Three Days, and Whipped.
GEORGE DAVID DOUDNEY . I am a tailor, and live in Fleet-street. The prisoner was my porter—on the 29th of October, I sent him to Mr. Oliver with a coat and waistcoat, and a bill amounting to 4l. 6s., with directions to receive it if Mr. Oliver paid it—he has never paid it to me—about a fortnight after another porter was sent for the money, and that caused inquiry.
Cross-examined by MR. JONES. Q. How long had he been in your service? A. About eight months—he conducted himself very well at first, but not latterly—when I took him into custody he told me he had lost four sovereigns and one shilling through a hole, but the two half-crowns remained in his pocket, because the hole was not large enough to let them out, and he had not had the hole sewn up, that he might have it to show.
COURT. Q. He never mentioned having received it? A. No, he showed me the pocket, and thrust his fingers through it—that was a fortnight afterwards.
JOSEPH HENRY OLIVER . I am a grocer. Mr. Doudney made some clothes for me—I paid the man who brought them, on delivery, 4l. 6s., and took his receipt for it—I will not swear to the prisoner—I recollect giving four sovereigns—I do not know what the silver was—here is the receipt.
Cross-examined. Q. He continued in your employ? A. Yes—doing business as usual—receiving money and paying it over.
G. D. DOUDNEY re-examined. I did not state to Mr. Winter that I thought the prisoner did not intend to rob me—I consider he was gambling.
COURT. Q. Had you any conversation with Mr. Winter on this subject? A. Yes—about ten days ago he called on me—I am quite sure I could not have told him so.
(The Prisoner received a good character.)
GUILTY. Aged 19.—Recommended to mercy.
NEW COURT.—Tuesday, November 29th, 1836.
Fifth Jury, before Mr. Common Sergeant.
22. ANN MORGAN was indicted for feloniously breaking andentering the dwelling-house of Thomas Burles, on the 24th of September, and stealing therein 1 watch, value 1l., 1 purse, value 6d.; 1 bag, value 3d.; 8 sovereigns, 1 half-sovereigns, 1 £5 note, &c., the goods and monies of Thomas James Mason.
THOMAS JAMES MASON . I live in Huggin-lane, Wood-street, in the front-room second floor of Thomas Burles's house. There is a good lock to my door—the prisoner lives in the back room on the same floor—I went into the hospital on the 24th of September—I am single—my silver watch, a £5 note, and other money, I left locked up in my desk—I came home from the hospital on Sunday afternoon, the 29th of October—I did not examine the room before the next morning—I asked for my desk, and it was where I left it—my life little girl went to lift it, and the lid came up—it was broken—the money and watch were all gone—I got a warrant, and searched the prisoner's premises, and found the note—the room door was not broken open—it was entered by a key—Mary Pearce and my daughter Louisa had the key, both of them are living there—my daughter is not fourteen years old.
Cross-examined by MR. PHILLIPS. Q. Did you go to the desk on Sunday? A. No; I was too fatigued—I came home at four o'clock in the afternoon, and Pearce assisted me—she lives with me as my wife—she does not go by the name of Pearce with me—she is not married to any one—if she had ever sworn that I am her husband, it is not true—she is not a prostitute—I shall marry her—we have lived together nearly twelve months—there were some circumstances preventing us marrying before—I had an assault case against me—I swear I was never taken up for pawning a carpet—I might be, and forget it—I do not recollect it—I do not choose to answer the question—I know nothing about it—I do not know what circumstance you mean—I will not swear it did not take place.
MARY PEARCE . I am single. I was residing at the prosecutor's house while he was in the hospital—I saw this desk safe on the Friday as it was missed on the Monday—I cannot swear it was then locked—I did not open the desk—I had not key that would open it—it was broken open—Morgan was in the habit of coming into the room as a neighbour—I never gave her a £5 note, on my solemn oath—her key fitted my door.
Cross-examined. Q. You say you are single? A. Yes—I am not the prosecutor's servant—I am living with him—I am called Mrs. Mason—I gave that name before the Magistrate—I have no husband alive—I never swore I had—I am positive of it—I did not swear that the desk was safe on Friday. NOT GUILTY .
EDWARD COTTON STONE . I am assistant to Mr. John Waithman, linen-draper, of Bridge-street. The prisoner came to the shop with two other females, at about half-past five o'clock on the evening of the 18th of November, and requested to look at some low-priced shawls—I said we had nothing very low—the prisoner, with the other two, replied, that they would give about 25s.—I think that was one that escaped—I showed them two or three, and observed that the other two, while my back was turned, had get a shawl in such a position, that it hid the prisoner from
my view—I directly drew it away, and observed the prisoner's dress was disordered—I thought she had something secreted under it—I took her by the arm into the centre of the shop, and the shawl dropped from her—the other two directly made off—one of them, in the scuffle, dropped her shawl and bonnet—this is the shawl that dropped from the prisoner—it is Mr. Waithman's.
Prisoner's Defence. I was going from work (I am a shoebinder)—I met these two women in Whitechapel, they asked me to go with them to buy a shawl—the gentleman showed them some—he turned his back to bring a shawl, and I cannot say whether the shawl dropped or not, but there was one at my feet—whether one of them knocked if off I cannot say—I did not know what they were going to do.
Witness. It fell from under her dress—it could not have fallen from the counter—I led her a yard or a yard and a half from the place where she was standing, and then it fell from her—the other two, as soon as they saw the prisoner detected, ran off.
GUILTY . Aged 17.— Confined Three Months.—Two Weeks Solitary.
CAROLING HUDSON . I live with my father, James, Hudson, in Upper Rathbone-place, he lets out trucks. On the 24th of October, the prisoner came for a truck for Mr. Tozer—we were in the habit of letting trucks to him—I knew the prisoner before—he said he should want it for two or three hours—he had it about half-past four o'clock, and did not bring it back.
JAMES HUDSON . I had a communication with my daughter, on the evening of the 24th, about this truck—I went after it, and found it the next day in Crown-street, Seven-dials, at the house of Mrs. Dignum—was the same truck, it was pulled to pieces in the back-yard—it was a whole truck, but it is made to take to pieces—it is worth 4l.
ANN DIGNUM . I live in Crown-street, and keep a marine-store-shop. I bought the truck the day before of the prisoner, for 10s., for my own use—he took it to pieces in the street before the door—I gave what he asked for it—I had two people's opinion on it—the person next door said it was not worth more for sale.
(The prisoner put in a petition, begging for mercy.)
GUILTY . Aged 32.— Confined Three Months.—Two Weeks Solitary.
BENJAMIN BOOBIER . I live in St. John's-street, and am a dairyman. On the 13th of October I was carrying milk to my customers—I left my pails under a window in Long-lane, at about a quarter before eight o'clock in the morning—I was back by eight o'clock, and they were gone—I and the officer found them in petticoat-lane on this day week—they are worth 14s.
DANIEL MURPHY . I am servant at No. 14, Petticoat-lane. The prisoner came on the 15th of November, and brought two pails, and asked if mistress would buy them—she said she was going to give up business, and she had as many as she wanted—I said if she would not buy them I would I was not going into business, but I thought I could make something of them—he asked 5s.—I gave him 4s.
GUILTY .—Aged 54.
MARY HOWELL . I am servant to James Lewis. I had a milk can on the 2nd of November—I left it in Butcherhall-lane while I went in with a halfpenny-worth of milk, and when I came out it was gone—I saw it again on the 23rd of November, in Little Moorfields—this is it.
JAMES STEADMAN . I am a milkman. The prisoner brought this can to me, I bought it of him—I have known him twenty years—he said his brother had set him up in business, and he could not make it answer—I gave him 2s. 8d. for it.
GUILTY .—Aged 54.— Transported for Seven Years.
JAMES KENNEDY . I live in North-place, Camden-town. About four or five o'clock in the afternoon of the 2nd of November, I was passing through Bishopsgate-street—some one said something that induced me to see if my handkerchief was right—I saw the prisoner in custody of a number of persons—he begged to be let off—I saw my handkerchief with one of the parties who detained him.
FREDERICK KILSEY . I was in Bishopsgate-street. I saw the prisoner and two others following the prosecutor, and looked round and thought what their purpose was—one of the others was then in the act of taking something from the prosecutor's pocket—he gave it to the prisoner—I immediately seized the prisoner, and the handkerchief dropped from under his jacket—I gave it to the constable.
Prisoner. He said he took it from under my jacket—I never had it at all—it laid a dozen yards off me. Witness. No, it was under his feet—I saw it drop from his jacket—they were in company together.
WILLIAM RICHARD BRIGGS . I was present, and saw a taller boy take the handkerchief and give it to this one, who put it under his jacket; I saw it drop as soon as he was taken by Kilsey, who happened to say he was not a constable, and he made great resistance—I collared him—he still resisted till the officer came and showed his authority.
Prisoner's Defence. There were two boys going along—one took the handkechief and gave into the other, who threw it by the side of me, and a woman took it up.
GUILTY .*—Aged 18.— Transported for Seven Years.
THOMAS THIMBLEBY . I live in Hatton-garden. On the 4th of November I was passing through Newgate-streets, about twelve o'clock, and felt my coat tail moved—I turned and saw Boulton in custody—my handkerchief was gone from my pocket—I saw Green when I turned round—he
was a short distance before Buolton—this is my handkerchief—it was taken out of Buolton's jacket pocket.
THOMAS HOBBS (police-constable C 85.) I saw the prisoners in Oxford-street about ten o'clock in the morning, and watched them down Holborn to Newgate-street, when I saw Buolton put his hand into the prosecutor's pocket, and take out this handkerchief and put it into his own pocket—Green at the time was holding out his own coat that people should not see what Buolton did—I took them, and took the handkerchief out of his pocket—I asked Buolton, when I took him to prisoner, where he lived—he said, "I do'nt do business so."
Green. I was not in company with this young man—I do not know him—I had my hands in my pockets all the way. Witness. They were talking together all down Holborn, and Green waited at the corner of a court facing the Old Bailey till Buolton, who went down there, came out again.
BUOLTON— GUILTY . Aged 20.
GREEN— GUILTY . Aged 20.
Transported for Seven Years.
EDWARD NASH . I keep the White Hart Inn, at Southall. On the 22nd of November I missed two pewter pots, when the constable brought them—these two pots have my name on them—I never saw the prisoner till he was at Uxbridge.
CHARLES JAMES MURRAY . I am a constable. Having heard that some pots were stopped by a publican in Uxbridge, I went and desired them to be given to me—I got these pots from Cherry, who keeps the Sun—the Magistrate sent me for them, and I found the prosecutor.
WILLIAM CHERRY . The prisoner came to my house at five o'clock on Wednesday morning with some wagoners—there was some conversation about some pots—I went and asked what pots they were—he said pewter pots—I asked to look at them—he pulled one out of his pocket, and said he had put the other into the wagon—he went and got it—I put them in my bar—he aid he picked them up on the road, and was going to sell them if he could.
Prisoner. I found these pots on the road in the middle of the night, near where the rail road is going on.
ELIZABETH HOLT . About seven o'clock on the evening of the 22nd of November, the prisoner came to our house for relief—he asked for a drink of beer, but had none—we were obliged to turn him out, as he was very impudent—the next day the constable brought this pot to me—it is mine.
Prisoner. I picked them up on the turnpike-road—I do not know the place by daylight—I had no money nor any work—I went and found one pot on the road, and them I went a mile and half further, and found the other two together.
GUILTY . Aged 31.— Confined Three Months; Three Weeks Solitary.
31. HENRY INSKIP , was indicted for stealing on the 9th ofNovember, 2 boxes, value 10s.; 12 forks, value 8l. 10s.; 1 soup-ladle, value 3l.; 29 spoons, value 19s.; 2 sauce-ladles, value 1l. 12s.; 1 winestrainer, value 1l. 12s.; 2 pairs of nut-crackers, value 10s.; 12 dozen knives, value 6l.; 12 dozen forks, value 6l.; and 1 guitar, value 10s.; the goods of Robert Harry Sparks.
ROBERT HARRY SPARKS . I came from Ramsgate on the 9th of November, and had twenty-four packages with me—they were my own property—they were marked "S. Passenger"—when I arrived in London, they were all put into my cart, and conveyed to my own residence in St. John-street—one contained plate, and another a guitar and some linen—those two did not arrive—I missed them on the following morning—I have seen the articles since, they are all mine, and were in those two packages.
JOHN CARLON . I am porter to Mr. Pugh, of King-street, Snow-hill. About twenty minutes past six o'clock on the evening of the 9th of November, I saw a loaded cart come along—I saw four men go behind it, and saw them take two packages out of the cart—they carried them towards the cab rank—they went to a cab, and one of them called out, "Harry, life your flap" (meaning the flap of the cab)—the prisoner was Harry, he was the cab man—I am sure of it—I knew him before, but did not know his name—he gave the name of Henry—he lifted the flap, and I called to him, and told him it was stolen property—he said it was all right—I said it was not, but I would have it right—he got up into the seat, and one of the men got into the cab—the prisoner put the smaller box at his feet, and the other was in the cab body—the prisoner attempted to whip the horse, and the horse gibbed—I told him that if he would drive that I had his number, and I called on the waterman to assist me, but he would not do it—this was in Smithfield—the man that was in the cab jumped out and went into Long-lane, three or four yards from the spot, and staid there—the prisoner came down, and went to Long-lane, and spoke to the man who had been in the cab—the prisoner stopped about two minutes, and then he came to me and asked what I meant to do—I said to bring the cab and property to the watchhouse—"Well," says he, "Come along"—he came with me—I took it there, and gave it to Mr. George Godfrey, Inspector of the watch—I did not lose sight of the prisoner when he went and spoke to the man.
WILLIAM COURT . I am in the employ of Mr. Sparks. I drove these packages and when I got home I missed two—these are the two packages I lost—I did not know what was in them or I should not have put them in the tail of the cart—I took them of the men at the water-side, and out them in.
GEORGE GODFREY . I received the property, and the prisoner—the prisoner told me that when he pursued the man that jumped from the cab he ran up a court and called, "Stop thief"—I went to the court the next morning and made inquiries, and there are not more than twelve houses there—they told me if there had been a cry of "Stop thief," they must have heard it.
Prisoner's Defence. I had been on the rank about an hour, and I turned my horse's head, when two men called "cab"—it was not two men that called "Harry" to me—it was I called my fellow servant; one of them put the boxes into my cab, and then the witness said it was stolen property—my horse ran back, and the man got out and went to Long-lane, I went to him, and said "If that it your's, why don't you go to it"—he said he had lost his friend—he then up a court—I ran and called "Stop thief"—he pulled out a large thing, and said he would knock my brains out—I
came to this man, and asked what I had better to with it—he said to take it to the watch-house—if I had known any thing of the men I would have told him of it—he did not tell me it was stolen before I got into the cab.
GUILTY . Aged 21.— Transported for Seven Years.
32. ANN PAISLEY was indicted for stealing, on the 3rd of November, 2 printed books, value 8s.; 5 handkerchiefs, value 8s.; 1 veil, value 1s.; 1 pair of stockings, value 2.; 1 scarf, value 2s.; 4 yards of lace, value 5s.; 1 bottle, value 3d.; 1 1/2 pint of rum, value 2s. 6d.; 5 plates, value 5s.; 1 desk, value 18d.; 2 card pools, value 18d.; 1 thimble, value 1s.; 1 necklace, value 2s.; 6 yards of ribbon, value 8d.; and 1 waistband, value 6d.; the goods of Mary Ann Skinner: 3 printed books, value 6s.; and 1 curtain, value 2s.; the goods of John Hughslyn Wilson, her master.
MR. CLARKSON conducted the Prosecution.
MARY ANN SKINNER . In November last lived in the house of Mr. John Hughslyn Wilson, Southampton-row, New-road. I had lived there four years—the prisoner was Mrs. Wilson's servant, but did not sleep in the house—her parents lived at No. 25, Dudley-street, Paddington—I missed things from time to time—on the 27th of October I missed sovereigns and half-sovereigns to the amount of 5l. from a drawer in my bed-room—on the 3rd of November I missed a bottle of spirits—I informed Mrs. Wilson—I went to the station-house with the policeman, and they showed me a great number of things that I did not know I had missed—I saw a bible, two card-pools, and five silk handkerchiefs, a lace veil, and a silk scarf, and the other articles stated in the indictment—I had not given them to her.
MATILDA WILSON . I am the wife of J.H. Wilson. The prisoner was in my service, and slept at home—I missed a sovereign out of the sideboard drawer, before she was taken—I said I had lost it, she said it was very astonishing, she hoped I should find it—I went to her father at No. 25, Dudley-street, on the Wednesday before she was apprehended, and saw some plates and a dish on a shelf—I then asked the people down stairs to send for a policeman—I saw five plates and a dish, which were Miss Skinner's—I saw a curtain on the bed that belonged to me, and a book on the table—the policeman came and opened some trunks there—(the prisoner was at my residence)—I saw a bible and prayer-book of mine, and a bible and prayer-book of Miss Skinner's, the scarf, and other things—I went home and told Miss Skinner's what had happened—the prisoner said the new things she had bought with my money—I said I supposed it was mine and Miss Skinner's together and said, "What do you say about the book?"—she said, "They are yours."
JOSEPH WALKER (police-constable T 145.) I was sent for this on Wednesday to 25, Dudley-street—I produce five plates, a dish, and a book—on the mantel-piece of the front room I found a key—in the back room I found some boxes—there were some keys on the mantel-piece, with which I opened them in the first I found a bible and prayer-book of Mrs. Wilson's, and a bible and prayer-book of Miss Skinner's, and two silk handkerchief in the other box I found a veil, a scarf, a pair of silk stockings, three strings of mock pearl, and other things—I found a variety of female
clothing—I took them to the station—I then went to the prisoner—she said she knew nothing of the things—I said, "Not of the books?"—she said she did—I said, "Not of the plates?"—she said, "Yes; I took them, I was going to send the things into the country to my grandfather."
GUILTY. Aged 16.—Recommended to mercy by the Prosecutor and Jury. — Confined Six Months; Three Weeks Solitary.
GUILTY .—(The prisoner received a good character.)
Confined Three Days.
OLD COURT.—Wednesday, November 30th, 1836.
Third Jury, before Mr. Sergeant Arabin.
ELIZABETH BROWN . I am servant to Mr. Turner, a publican. About five o'clock on the evening of the 5th of November I was coming down stairs, and saw the prisoner leaning over the bar, with his left hand on the counter, taking the money out of the till with his right hand, and putting it into his left—he was quite a stranger—he had not had any refreshment, but just came in at the door—I was not dressed—I stood about half a yard from him and called out to master—I ran outside, and watched the prisoner till the witness came, and caught him—only fivepence were found upon him—he had thrown the rest away.
EDWARD WILLIAM KEMBLE TURNER . I keep the house. I had left the till not half a minute previous, and to the best of my recollection there were eight or nine shillings in silver, four or five sixpences, and about one shilling's worth of halfpence—I lost the whole of it—fivepence in copper was found in the prisoner's hand—he said he had taken the money out of the till.
Prisoner's Defence. I went to get a pint of beer, and had the money in my hand—I called at the bar, and could get no answer.
GUILTY.—Recommended to mercy. — Transported for Seven Years.
CHARLES TEAKLE . I was in Goswell-street between seven and eight o'clock in the evening of the 8th of November and felt in my pocket and missed my handkerchief—I saw the prisoner two or three yards from me—I collared him, and saw my handkerchief fall between his legs by a shop window—he struggled very much to get away, and threw me down in the mud, but I detained him—he then said he did not know what I took him
for—I gave him in charge—he was looking in at a pastrycook's shopwindow—he had a white apron on.
(Property produced and sworn to.)
Prisoner. A gentleman and lady coming along kicked this handkerchief—the gentleman took it up and threw it down again—I did nothing more than kick it with my foot—I never stole it—the gentleman was very much intoxicated, and with a woman of the town. Witness. I was perfectly sober—a person picked up the handkerchief and gave it to me—there is no truth in his statement.
GUILTY . Aged 26.— Transported for Seven Years.
Fourth Jury, before Mr. Sergeant Arabin.
36. EDWARD KEELEY was indicted for stealing, on the 26th of November, 2 1/2 lbs. of hair powder, value 3s. 6d.; 1 bottle of oil of peppermint, value 6s.; 1 bottle of oil of roses, value 12s.; 12 blue saucers, value 2s. 3d.; 8 pink saucers, 2s. 10d.; and 3 bottles of benzoic acid, value 4s. 3d.; the goods of John Goddard, and another, his masters.
WILLIAM CORNWALL . I am a City policeman. On the 26th of November I was sent for, and found the prisoner at Hewlett and Co.'s, chemists and druggists, in Bread-street-hill—he was their servant—they accused him of stealing something—I pulled off his hat, and a parcel fell out, containing twelve blue saucers—I found in his coat-pocket twelve package of hair-powder, and in his right-hand pocket a bottle of otto of roses, and a bottle of oil of peppermint—he did not say how he came by them.
FREDERICK KEYS . I am warehouseman to John Goddard and another—the prisoner had been in their employ about six weeks as porter—he had 12s. a-week—in consequence of suspicion the officer was sent for—these articles are worth 30s., they belong to my masters—we had a good character with him.
GUILTY .— Confined Three Months.
37. WILLIAM GODDARD was indicted for stealing on the 10th of November, 26lbs. of annatto, value 5l.; 12lbs. of sal ammonia, value 5s., 1 leather belt, value 1s.; and 1 pair of spurs, value 1s.; the goods of Thomas Finnemore Evans, his master.
ISAAC CARCASS . I am a commission-agent. The prisoner called on me on the 10th of November, and brought this sal ammonia and annatto for me to buy—I took them, and told him to call next evening, and I would tell him whether I could sell it or not—I took it to the prosecutor's half an hour after he was gone, and found it was his.
THOMAS FINNEMORE EVANS . I am a druggist and drysalter. The prisoner was about thirteen months in my service, at 16s. a week—Mr. Carcass brought these articles to me—I have every reason to believe they are mine—I have no doubt of it—I will not swear to what Mr. Carcass brought, but that which was afterwards found in his box I am certain of.
FRANCIS M'LEAN . I am a policeman. I searched the prisoner, and found two keys on him, and Mr. Carcass's direction—I went to his lodgings with Mr. Evans. and in his box, under his clothes, found 22lbs. of anatto, to pair of spurs, and a rowing-belt—I received a quantity of sal ammonia and annatto.
Prisoner's Defence. The annatto found in my box I bought for 3l., I think, thirteen months ago, at Mr. Matthews's auction-rooms, in Bishopsgate-street, when I lived with him as porter—the spurs were given me by my grandfather, and the belt I found in a dung-hole.
GUILTY . Aged 22.— Confined Six Months.
Cross-examined by MR. DOANE. Q. What do you mean by paying him a bill?—he was your fellow servant. A. Yes—he said it was master's order that I should pay it to him—I was ten weeks in the prosecutor's service—I left on the 4th of July, and I am now in another service—I got the bill from the prisoner—I took it to Mr. Gray, who paid me 3s. 8d., and I gave the money to the prisoner—Mr. Gray continued to be a customer, and had weekly bills sent to him.
COURT to MR. KHUN. Q. Did you tell the prisoner he was to get this 3s. 6d. from Gray? A. No, it is false—he never gave me that money.
Cross-examined. Q. Had you not some period for accounting with your servants? A. Yes, regularly—I made inquiry about this, and the prisoner told me Mr. Gray did not pay any—I made four bills—I gave the prisoner 15s. a week—I paid him regularly every month—I am quite sure it never ran longer—I might perhaps be from home, but my men are paid regularly.
(MR. DOANE, on behalf of the prisoner, urged that, not receiving his wages regularly, he was induced to keep the money, intending to account for it afterwards.)
GUILTY . Aged 20.— Transported for Seven Years.
(There were three other indictments against the prisoner.)
39. CATHERINE ROBERTS and MARGARET MARNSEY were indicted for stealing, on the 6th of November, 1 loaf of bread, value 4d.; 1lb, of cheese, 6d.; 1/2 lb. of butter, value 6d.; 1/2 lb. of sugar, value 4d.; 2lbs. of pork, value 1s.; and 1 box, value 2d.; the goods of John Walters.
CHRISTIANA WALTERS . I am the wife of John Walters, a feather and flower manufacturer, in Church-street, Soho. Roberts came into our service on the 20th of August—the other prisoner is her sister, and came there to visit her—on the 6th of November I suspected my bread was going very quickly, and spoke to Mr. Webb about it.
ROBERT WEBB . I am a jeweller, and I am trustee to the prosecutrix's children—I was passing the door on Sunday the 6th of November, about seven o'clock in the evening, and saw Roberts giving these things to the other prisoner—the door was shut, and she came in and out occasionally—it was dark—I could not see what it was she gave.
THOMAS WELLS (police-constable C 29.) I was sent for by Mr. Webb, and found Marnsey in Compton-street with a bundle, which contained a quantity of bread, some butter, tea, sugar, and a small box—I took them
out of her apron—she said her sister gave them to her—Roberts was present, and did not deny it.
NOT GUILTY .
40. CATHERINE ROBERTS was again indicted for stealing, on the 6th of November—1 sheet. value 2s. 6d.; 2 night-caps, value 1s., 8d.; 1 scarf, value 1s.; and 1 pair of gloves, value 1s.; the goods of John Walters, her master.
(Property produced and sworn to.)
Prisoner Defence. I did not mean to keep the caps, my mistress knows that.
GUILTY . Aged 35.— Confined Three Months.
ANN SECRET . I am the mother of Thomas Secret, the younger. We keep a beer-shop at Hadley, ten miles from town—the prisoner came in the morning of the 24th of November, and had three half pints of beer—when she was gone I missed three odd stockings and a shirt—she came back in the afternoon, and I then missed a pair of shoes—the other things were found under the settle in the tap-room when she came in the afternoon—these are my son's shoes.
JOHN THIMBLEBY . I am a pawnbroker. These shoes were brought by the prisoner in the evening, and offered in pawn—I offered her 9d.—she said she would sell them outright, as they were of no use to her—I gave her 1s. 3d. for them—I had known her before.
GUILTY. Aged 24.—Recommended to mercy. — Confined One Month.
SAMUEL BADDELEY . I am a constable in the service of the St. Katherine Dock Company. On the 27th of October, about one o'clock, the prisoner came into the Dock for a chest of indigo—he left his horse and cart opposite the gate, and turned to the right, which leads to the quay—he returned in about ten minutes from the lower end of the warehouse, and moved his horse and cart about twenty yards, which caused my suspicion—I kept my eye on him—he stooped under the cart, took his hat off, and put something into the bag which was under the axletree—I went to him, and asked what he had got in the the bag—he said, "Nothing"—I looked, and found this indigo in it, which weighs 1lb. 10ozs.—I then asked where he got it from—he said a person gave it to him in the street—I asked if he knew the person—he said only by sight—I took him to
the Dock-house, and, on searching him, found this other parcel of indigo, weighing 1lb. 14ozs., in his breeches' pocket—it is the property of the company—he went to where the indigo was, for his order.
Cross-examined by MR. DOANE. Q. He came for a chest of indigo? A. Yes—he had got it in his cart—it is my duty to stand at the Dockgate to let people in and out—I have been there eight years—I saw the prisoner go in—this large quantity was in his two pockets—he had an apron on—I did not perceive it bulge out.
WILLIAM HENRY FREEMANTLE . I am foreman of the indigo department. I saw the prisoner on the 27th, coming on the indigo floor—he came up the wrong way—the office to which he should have gone was at the western end, but he came up the eastern end, which caused him to go along through several rooms of indigo, in one of which were about two hundred chests of indigo, which had been shown to the trade, and they had a bag nailed over them, to keep them from the dust—after the prisoner was gone, Baddeley came and told me what he had found—I went the same way, and in the room through which the prisoner must have passed. I found a bag torn up from a chest of indigo, and a quantity of it was drawn—the indigo in that chest agreed exactly in quality, and the brand-mark, with that found on the prisoner—I had seen it safe before, and there was just the vacancy which this would have occasioned—Baddeley came to me again, and said he had found another quantity of indigo, and I found this had been taken from another chest, which has a different mark on it.
Cross-examined. Q. Did you say that immediately before the prisoner came, you had seen them all safe? A. No, not immediately—they had been covered over two days before—there is no public thoroughfare there, but I did not hinder the prisoner going that way—many persons might have got there—the indigo is not all of the same quality—the chest the prisoner had was secured down, nailed, and hooped—he had no opportunity of opening it.
GUILTY .—Aged 35. Transported for Seven Years.
HARRIET HAMMOND . I am the wife of Henry Hammond, a glasscutter, in Smith-street, Chelsea. The prisoner was our servant of all-work for five weeks—I gave her this note on the afternoon of the 5th of October, to get change—she returned with it and said she could have change in two or three hours—she came for it again afterwards and I gave it her—she went away, and I did not see her again till she was in custody—I had hired her by the month—she took her clothes away with her.
Prisoner's Defence. She sent me for some gin, and they could not give me change—she then sent me again—I was looking at the note and a man came and snatched it out of my hand, and before I could get assistance he was gone.
GUILTY —Aged 28.— Transported for Fourteen Years.
(There were two other indictments against the prisoner.)
THOMAS M'MINN . I am the prosecutor's son. On the 5th of November, between six and seven o'clock in the evening, the prisoner came, and asked to look at some twilled cotton dresses—I showed her a few—there were none she liked—I then showed her two or three more—she offered me 5s., for one—I said I would not take less than 6s. 6d.—she then stooped down to tie her shoe—I suspected something, and she went out soon after—I afterwards observed her walking was particular—she went up a court, and the other girl who came with her stooped at the top—she came out again—I tried to catch her, but could not, and the officer took her at the corner of Short-street with the print.
Prisoner's Defence. I stopped at the prosecutor's window—another female came and asked me to go with her and look at some prints—there was none she liked—we came out and she put a piece in my apron—whether it was stolen or not I do not know, but she ran up West-street, and this gentleman took me.
GUILTY .— Confined Three Months.
NEW COURT.—Wednesday, November 30th, 1836.
Second Jury, Before Mr. Common Sergeant.
GUILTY . Aged 18.— Confined Three Months; Three Weeks Solitary.
46. GEORGE LOVERIDGE was indicted for stealing, on the 9th of November, 1 oz. of rhubarb, value 1s.; 1 plaister, value 1s.; 6 vials, value 15s.; 1/2 oz. of gum, value 1s.; and 1 bottle, value 2d.; the goods of Joseph Freeman, his master; to which he pleaded
GUILTY . Aged 26.— Confined Three Months.
JOHN BRADLEY . I was in the Strand, near Temple Bar, on the 2nd of November—I saw a chaise opposite a door—a young man was standing behind it, and the prisoner on the side—just as I got to the horse's head I saw the prisoner take a cloak out of the chaise—there was no one passing just at that time—I stepped round the horse and caught him—he threw it down, and the other, who was much bigger than he, ran away—I took the prisoner into a shop, and asked if a gentleman bad lost a cloak—they said, "Yes"—I left him there, and went on—I met a policeman, and told him—the prisoner asked for forgiveness.
THOMAS HENRY VEALE LUKEY . I live at Milford-lane, and am clerk to a coal merchant. My gig stood in the Stand while I stepped into the shop for half a minute—I came out, went on to Temple Bar, and then missed my cloak—I returned, and thought I had left it in the shop—and the prisoner was there in custody.
Prisoner. I was going along, a young lad asked me to carry a cloak for him, he took it, and gave it to me—I did not know but that he had the care of the chaise.
GUILTY *. Aged 17.— Confined One Month.
EDWARD WILLIAMS . I live in Basinghall-street. On the 27th of November, about half-past nine o'clock, I was in Duck-street, Smithfield—I felt a slight touch behind—I instantly turned round, and saw the prisoner running from me—I ran after him about fifty yards, and laid hold of him, and said, "You have got my handkerchief"—he denied it—I said, "You must have dropped it," and the constable passing by took hold of him—I found it on a dust heap in another street—not where it was taken from me.
Prisoner. It was nine or ten yards from where I was standing—I had not been in that street at all. Witness. It was taken from me in Duck-street—he ran through Bartholomew-close, and there I found it.
ROBERT TYRRELL . On Sunday night I heard the cry of "Stop thief"—I was in a house—I ran out, and saw the prosecutor with this lad—I took him, and found nothing on him—I told the prosecutor to look about—he went a few paces, and got on a dust-hill and found it.
Prisoner. I stopped to make water—a man past me—this gentleman came and caught hold of me, and said, "You have got my handkerchief"—I said, "No I have not" he said, "I am sure it is you"—I said, "I have not, search me"—he would not—the officer came, and he jumped up a place and found it—I had not passed that place at all.
GUILTY *. Aged 18 Years.— Transported for Seven Years.
HENRY JOB . I am a watchmaker, and live opposite Mr. Braithwaite's. About half-past eight o'clock on the evening of the 2nd of November, the prisoner was pointed out to me—I saw him walk into Mr. Braithwaite's shop—there was another man on the opposite side of the way—I watched, and the prisoner came out with the merino under his arm—I ran over, and got up to him as he go to the curb—he looked me in the face, dropped it, and directly ran away—I cried, "Stop thief," and followed him as far as King-street, where he was stopped by some person—I never lost sight of him—he said, "What do you want with me?"—I told him I had been waiting for him half an hour—I had seen watching him that time before he went into the shop—I have no doubt about his being the man.
Cross-examined by MR. BODKIN. Q. What part of High-street was this? A. Near Warren-street—it is a very broad road, and it was dark—he was stopped about a hundred and fifty yards from where he dropped the merino.
Cross-examined. Q. Where were you? A. In my master's shop—I came out when I heard the cry of "Stop thief," and saw him drop it—I saw out him in custody directly after.
GUILTY . Aged 18.— Confined Six Months; Four Weeks Solitary.
WILLIAM FOREMAN . I was employed by Mr. Ward, of Drury-lane, to fetch some coals in a van from the West India Docks, on the 27th of October—I went into a public-house in Church-lane, and left my coat on the fore part of the hinder van—there were two vans—I came out again and missed it—this is it.
Prisoner. Q. Did you see me take it? Witness. A. No; but I saw you with it in custody of a policeman, not a quarter of an hour after—did not see you taken.
JOSEPH GREENHAM . I was standing in my father's shop in Church-lane, Whitechapel, and saw two vans—there was a coat on the top of the hinder van—I saw the prisoner and another walk to and fro, the prisoner reached up his hand, took the coat, and put it on his shoulder, and went down Colchester-street—I gave the alarm—I am sure he is the man—I and another person went down Colchester-street, and in turning round Plough-street I heard he was in custody.
ROBERT WALLACE (police-constable H 53.) I was on duty, and saw the prisoner and another go up Colchester-street with the coat on his arm—he turned up Plough-street—I followed him sharply, and as he was putting the coat on I took him with it.
Prisoner's Defence. A young man came and asked me to buy it—I gave him 4s. for it.
GUILTY . Aged 19.— Confined Six Months; Two Weeks Solitary.
MR. CLARKSON conducted the Prosecution.
JAMES SIDELL . I am head porter in the employ of Messrs. John Bowman and May, The prisoner was in their employ—they are warehouse-men in Wood-street, Cheapside—they purchase packing canvass of Mr. Crichton—on the 26th of October I made a purchase to 99 pieces of hessing canvass, of Gainsford, Mr. Crichton's assistant—here is the invoice I received—Messrs. Bowman and May do not deal in it, but had it to pack their goods—this was deposited on the first floor, at the back of the packing counter—every one in the house would have access to it—this is the piece of canvass—it comes in rolls as this is—there are marks upon them by the manufacturer, not by me—I suppose it is worth about 6 1/2d., a yard—I do not recollect what I gave for it—it is worth more than 5d. a yard—it was all marked with K and a diamond.
Cross-examined by MR. PAYNE. Q. Did you examine these things when they were brought in? A. Yes—either the same day or next morning—I put two pieces for use under the counter, and the rest was put upon the place where it was regularly kept—I suppose there are between twentyeight and thirty persons in the employment of Messrs. Bowman and May—this was where any body could take it—I should thing this is a whole piece—I personally examine the different pieces that come in—I examined the lengths, and made them right—I saw the marks on each separate piece as they came in—I looked these out from a variety of pieces, and ordered
three of this sort to be sent in, and six of the other sort—the prisoner has been better than three months in my master's employ.
JURY. Q. Did you leave other goods in the stock of Messrs. Crichton? A. Yes; plenty of them—I did not put any mark on these, when they became the stock of Messrs. Bowman and May, by which I can identify it.
MR. CLARKSON. Q. Is there a piece missing from your master's stock? A. That I do not know. I am responsible for them—my master never parts with a whole piece.
JOHN GAINSFORD . I am in the service of Mr. Crichton—he carries on business in Pancras-lane. I remember effecting a sale with Sidell, on the part of his employers, of nine pieces of hessing in October last—this is the bill of parcels that I made out—this is one piece which I sold on that occasion.
Cross-examined. Q. Did you make up the package? A. No; they were made up in Scotland, and the mark is, made there—we have extensive dealing in that trade—we have sold many pieces to other houses similar to these—I can tell this is one I sold to them, because we never had any of this length before or since, not of the mark—I negociated the transaction—our ported took the things out—he is not here—I ordered the ported to take them—I did not see him—I know he did, by the bill of parcels, and the piece being produced—I saw these pieces before they were sent out—we have now about half a dozen, we had about twenty—the others have been sold to different houses—I do not know the lengths of the other pieces that were left in the house in any other way than from the books, which are not here—I have never measured the others—the length is stamped on the outside of the pieces—the length of this piece and the mark on it shows it is the same—there never was a piece of seventy-four yards in length but this—the others are safe in the warehouse.
GEORGE PAICE . I am in the service of Mr. Bailey, he deals in old rope and old wrappers, his shop in White Horse-yard, Coleman-street. I cannot say that I know this piece of canvass—I have seen the prisoner before, but I cannot say that I know him—I am the same George Paice who was examined at Guildhall on this charge before Mr. Alderman Winchester—I cannot say that I made a purchase of the prisoner, I believe I did of somebody on a Friday—I cannot exactly recollect whether it was the Friday before I was examined—I cannot say I saw the prisoner that Friday—I think I have seen him at my master's warehouse—I think he is the man that brought down this piece—I think I purchased this piece of canvass on the Friday—I agreed to give 4 1/2 d. a yard, which I did.
JURY. Q. You are sure you purchased it? A. I am a sure I purchased a piece—I cannot say this is it.
MR. CLARKSON. Q. What became of it? A. I carried it to Mr. Clark, in the Old Change, I think, two or three days after I bought it—I did not sell it him—I carried it there, by my master's orders, to sell I suppose—Mr. Clark is a bag-maker—I can write—this is my writing (looking at his depoistion)—I was the person examined before the Magistrate—I think what I said was read over to me—I think what I said was true—I was very much confused at the time—I cannot swear I saw the prisoner on the Friday before at my master's warehouse.
Q. Did you state you knew the prisoner, and he came to your master's warehouse on Friday last, at about four o'clock in the afternoon, and brought this piece of goods with him? A. I do not recollect what I said before the Magistrate—the man that brought it down asked if Mr. Bailey was within, I told him no—he offered me the piece for sale at 4 1/2d. a yard—I do not recollect saying that he said he was living with Bowman.
Q. Did you say, "I went and fetched the money, and paid the prisoner for the goods at 4 1/2d. a yard?" A. I paid the man that brought it down—I do not recollect that I said that before the Magistrate—I do not recollect that I stated that he said he came from Bowman and May's.
Q. Now I ask you the question, Is this prisoner at the bar the man who sold you that piece of goods? A. I think he is, he is very much like him—I cannot say exactly whether it is the man or not—I think it is, he is very much like him—I have a little doubt whether he is the man or not.
COURT. Q. Did you say before the Magistrate that you knew him, and he was the man who brought the piece? A. I think I said he was the man who brought the piece—I think I swore that he was the man to whom I paid the money—I think I said that I knew him.
Q. Having sworn all these things, first, that you knew him; secondly, that you paid him 4 1/2d., a yard, and that he was the man that brought the piece, do you mean to swear now you have a doubt about him? A. I have a doubt whether it was him or not.
JAMES CLARK . I am a warehouseman at No. 24, Old Change. On the 12th of November three pieces were brought to my house, but I was not at home—this is one of them—I have not paid for them at all—Mr. Crichton said it was his mark, and I delivered it to him—I know Bailey, he is here—he is the person from whose house I bought it—I was to give 6 1/4d. a yard—I expected it from him.
JAMES BATES (City police-sergeant 7.) I took the prisoner into custody—I said he was charged with stealing this canvass—he said it was his first offence, and he was very sorry for it—Bailey and Paice made all the difficulties they could against this—when I took Paice before the prisoner he said he was the man—I cautioned him, and he said he was the man who brought the piece of goods—I said, "Now mind, and he positive, because there were three porters, "and he said this was the man—I then turned to the prisoner, and he said, "It is my first offence, and I am very sorry for it."
Cross-examined. Q. Did you make any memorandum of the words at the time? A. No—it was about an hour before I went before the Magistrate.
52. WILLIAM MORRIS was indicted for stealing, on the 31st of October, 2 planes, value 2s.; and 1 square, value 2s.; the goods of George Ford: 2 planes, value 2s. 6d.; and 1 saw, value 2s. 6d.; the goods of Henry Hall: 1 adze, value 3s., the goods of Thomas Pearman: and 1 boat, value 8l., the goods of John Alexander Ramage.
WILLIAM JUDGE . I am Thames police-officer. About 8 o'clock on the 31t of October. I stopped the prisoner in a boat at Mill-wall, and asked him whose boat he had got there—he said he had it of a waterman near London-bridge, and he gave 2s. 6d. for the day, for the loan of it—there was a good deal snow in the boat—there had been snow on the Saturday—I got the snow off, and found the name of "Ramage, Blackwall"—I said, "I believe you stole the boat"—he said he had not—I found a bag of tools in it, which I produce—here are your planes, a saw, and square, and an iron bolt he said they were his own—I asked where he bought them from—he said about a mile and a half down he river, on this side the Orchard-house, from a shop, and the person's name was Wallis—he said he lodged in
a court close to the Brown Bear, and he was to meet the waterman to whom the boat belonged at his lodgings, or the Brown Bear—I went to his lodgings, and found there were no tools there—I went to the Brown Bear, but there was no waterman there—I went the next day, and found the prosecutors—these are the tools—I found 12s. 6d. in a box, and some matches on the prisoner.
GEORGE FOORD . I live in High-street, Poplar, and am a joiner. I was doing some repairs on board the Trinity-Buoy boat on the night of the 31st—I lost these two planes and this square out of a cupboard on board the Buoy boat.
Prisoner. I borrowed the boat—the tools were given to me at Mr. Wallis's.
GUILTY . Aged 29.— Confined Six Months; Three Weeks Solitary.
JOSEPH WHITTINGHAM . I reside on Mercer-street, Long Acre, and am a coach-lane manufacturer. The prisoner was in my service about two months—I have missed a great deal of worsted and silk—on the 31st of October I received information, and on the 1st of November, as soon as all the men were gone, as he thought, the prisoner cut off some plat-leads from another man's loom—Campion tole me of it—I ran after the prisoner to a marine store-shop in King-street, and collared him, and took these three platleads out of his hand just as he was going in—I said, "You vagabond, now I have caught you"—I gave him in charge—he had taken his own entirely away, and put brickbats in the place of them—1s. 6d. is the value of them, but they cost me more.
ROBERT CAMPION . I am in the prosecutor's employ. I was watching, and saw the prisoner cut off these plat-leads from another man's loom—he went out of the shop—I gave information—we followed him, and took these from him.
Prisoner. Q. Did you see me take them out of the shop? A. Yes, you had them in your pocket, and you stopped in the street, by the brew-house, and took them out—I saw you cut them off—you had a light at your loom.
GUILTY . Aged 22.— Confined Three Months; Three Weeks Solitary.
THOMAS STONEHAM . About half-past eight o'clock, on the 18th of November, I was walking through Houndsditch, and heard Sarah Peake say something—I turned, and my handkerchief was gone—I saw the prisoner running across the road—I pursued—George Plant overtook him in Cutler-street, where he had run—this handkerchief was handed to me—it is mine.
SARAH PEAKE . I was passing through Houndsditch, and saw Mr. Stoneham and two gentlemen passing—I was the next person behind them—I saw the prisoner and another meet these three gentleman; and after they
passed, they turned round instantly, and his prisoner got close to the middle gentleman, who is not here; he then made a signal to the other one, and drew a pale yellow silk handkerchief from the prosecutor's pocket—he dropped it, and ran across the road—I told the gentleman—he was pursued, and taken—he was out of sight as he turned a corner, but I am positive he is the person.
GEORGE PLANT . I was walking with Mr. Stoneham—before Peake touched me on the shoulder, the prisoner was running across the road—I immediately pursued him—I did not see him drop any thing—I collared him—he bit me on my thumb—I threw him on his back, and kept him till the officer came—the night officer brought up the handkerchief.
Prisoner's Defence. I was returning from my uncle's, and was taken—I am innocent.
GUILTY .* Aged 24.— Transported for Fourteen Years.
ANN DOWEL. I am the wife of John Dowel, he is a grocer in New Brentford. The prisoner came to my service on the 7th of November—about half-past eleven o'clock on Friday, the 11th, I went up into my bed-room, I then had eight sovereigns and a-half in a bag in a drawer, which was safely locked—I went again about half-past five o'clock, the drawer was then open, without the key—it appeared to have been broken open, and two sovereigns were gone—I had been at home all day—I had never been out—I had been in the shop for the last hour—I know she had been up to the room, and I know no one else could have gone up, or I must have heard and seen them—she asked leave to go out at about half-past four o'clock, and returned at a quarter before six o'clock—I charged her with the robbery—she said her mother wished her to go home that night—I got some neighbours in, and one of them asked her about the money—she positively asserted she had not seen it if she were to be struck dead—the policeman came in, and she was perfectly willing to go to the station—I found a sovereign in my bed the next morning—I had been watching her all day—she was all day endeavouring to be up stairs—I called her down once or twice, and then asked her to do some work in the kitchen—when she was gone out, and was longer than she asked for, I went up and missed this money.
WILLIAM NEWLAND . I went to the house and took the prisoner—she said at the station-house, voluntarily, she that would own to the truth, that she had taken one sovereign, and had changed it at a linen draper's in New Brentford.
ANN DOWEL re-examined. I asked her to acknowledge what she had done with the property—she said she knew nothing about it, and I said if she did not acknowledge I must give her into custody—I think I told her I would forgive her if she would acknowledge—that was not five minutes before she went to the station.
GUILTY. Aged 15.—Recommended to mercy by the Jury.
Confined One Month; One Week Solitary.
policeman came to my house with the prisoner, (about an hour after he had been with his father's work,) and brought these shoes with him, which had been hanging up on a pin in my shop—I had not sold them.
WILLIAM DODD (police-sergeant E 9.) On the morning of the 10th of November, I saw the prisoner at Mr. Attenborough's, the pawnbroker, offering these shoes in pawn for 1s.—the pawnbroker asked who they came from—he said his father, who worked for Mr. Bryant in Tottenham-court-road—he asked him if he had been there that morning—he said yes, and then I took him to the prosecutor.
Prisoner. I did not take the shoes—how they came in the handkerchief I do not know—when I tied up the bundle they were in it, and I took them to get something to eat.
ROBERT BRYANT re-examined. Q. Have you any body in the shop who would play tricks and put them into the bundle? A. No; only my son, who is twenty-five years of age—there is an errand boy in the shop, a very confidential lad, whom I have had some years.
(William Shute, of New Compton-street, gave the prisoner a good character, and promised to take him into his employ.)
GUILTY. Aged 13.—Recommended to mercy by the Prosecutor.
Confined Eight Days.
OLD COURT.—Thursday, December 1st, 1836.
Second Jury, before Mr. Serjeant Arabin.
JOHN BARNARD . I am a farmer, and live at Hertford. I missed my mare on the 4th of November, at six o'clock in the morning—I had seen her at nine o'clock the evening before in my farm-yard—the gate was latched—I have since seen her in the possession of Bates, the police-serjeant—I have employed the prisoner several times as a labourer—he knows my premises perfectly well—I met him that very day in Hertford, when I was on the mare, going towards my premises—he lives in the neighbourhood.
THOMAS ISITT . I am a policeman. I was on duty on Friday, the 4th of November, at Smithfield, and saw the mare standing tied up to the rails, a little after seven o'clock in the morning—she looked in a very rough state—I asked the prisoner who she belonged to—he said it was his—I asked where he brought her from—he said, "From Yardly, in Herefordshire"—a butcher came up an asked the price—the prisoner said, "3l. 10s."—I asked him if he should get that for it—he said he did not know, but he must sell it that day—I told him to take it to the Greyhound stables, in Smithfield, and afterwards showed it to the prosecutor, who claimed it.
JAMES BATES . I am a police-serjeant. I went down the Greyhound-yard, and saw the prisoner—I asked where he brought the mare from—he said, from Yardly, and she belonged to his master, Mr. Holden, a farmer there. I asked what he wanted for it—he said, "3l. 10s."—I said, "You will not get that, would you take 50s., if you could get a customer," he said he did not know—I asked him several questions about his master—he did he had a good deal of land, and so on—he gave me several evasive answers—I said, "Well, come with me—I will see if I can find a customer—he
agreed to sell her for 30s., and I then took him into custody, being positive it was stolen.
Prisoner's Defence. It was delivered to me my by another man to bring to Smithfield to sell.
GUILTY . Aged 35.— Transported for Life.
JAMES PORTCH . I am a policeman. On the 8th of November, about half-past six o'clock in the evening, I was on duty in High-street, Shadwell, walking about twenty yards behind the prisoner, who was passing the prosecutor's shop with several others—he made a snatch at some drawers which hung at the door—he got them down, and went two or three paces, when I took him with them under his arm—I said, "Let go," and he then dropped them—there was a chain attached to them—they were in the doorway.
Prisoner. Q. Was I sober? A. I consider so—he walked very well to the station-house—he snatched them down, and deliberately walked away with them.
Prisoner's Defence. It was a very wet day, and if I had dropped them they must have been all over mud—I did not know what I had done till the morning.
GUILTY.— Judgement respited.
Before Mr. Baron Parke.
29. JOHN ALLEN was indicted of burglariously breaking and entering the dwelling-house of John Parkhouse, about the hour of twelve in the night of the 10th of November, with intent to steal, and stealing therein, 24 half-crowns, 37 shillings, 6 sixpences, 120 halfpence, and 30 farthings; his property.
JOHN PARKHOUSE . I keep an eating-house, and live in Great Windmill-street, St. James's—the prisoner has been in my service—but left nearly two years ago. On the 10th of November I went to bed about half-past eleven o'clock—I was the last person up—the street door, and all the doors and windows were fast—about five o'clock in the morning an alarm was given, I went down stairs and examined the premises with the policeman who was in the shop—I found the till broken open, and missed about 5l., in silver, and 20s. in copper from it—the silver was in 1l. parcels—the copper had not been counted—the policeman came in at the street door—I found the door between the shop and passage open—it and only been latched the night before—on the Sunday following the prisoner was sent for to my house—his father came also—his father told him he had better speak the truth, if he had taken the money to confess it.
CHARLES RUSSELL SHEPHERD . I am a policeman. On the 10th of November, between nine and ten o'clock in the evening, I saw the prisoner in Great Windmill-street, about six yards from the prosecutor's house, playing with some more boys—I asked what he was doing there—he came to me and said he was waiting for his father coming from the stable—I saw no more of him that night—next morning I was going my rounds, and found the prosecutor's shop door open—I called a brother constable, and called the prosecutor up
WILLIAM SMART . On Friday morning, the 11th of November, at about half-past seven o'clock, I saw the prisoner in White Horse-yard, with his waistcoat pocket full of half-crowns—I asked him where he got them—he said he had found them in a scraper-hole in Regent-street—he told me he had got about 2l. 13s. in half-crowns—his pocket was full of halfpence and farthings.
WILLIAM MORLEY . I am a policeman. I was present when the witnesses were examined in the prisoner's presence—he heard what they said, and it was read over to him—(looking at the depositions)—this is Mr. Conant's signature—the prisoner acknowledged he was in the house and took the money—I cannot tell whether Magistrate cautioned him.
Before Mr. Baron Parke.
JAMES CRAWLEY . I am servant to Joseph Hall, of Pinner. On Saturday night, the 19th of November, he had forty-seven sheep—I counted them about four o'clock in the afternoon—they were in the paddock before the house, adjoining Lady Pell's wood, which is fenced off from it—there is a footpath in the paddock, and a stile—next morning, a little searched for it, but could not find it, nor trace where one had been killed—I looked in Lady Pell's wood, but could find nothing—I afterwards saw two legs and two shoulders of mutton and a skull—I could not tell whether it was the head of my master's lamb—it was the same description and size—it was Leicester breed—I could not tell whether the mutton belonged to a Leicester sheep.
CHARLES FORSTER . I am a constable of Rickmansworth. I searched a house at Pinner-common, with a search-warrant, on the 23rd of November—we found the prisoner's wife in the house—in a cupboard in the bed-room, which was not locked, I found the greater part of a shoulder of lamb, uncooked—I forced open another cupboard, as the wife said she had not got the key, and found another shoulder, two legs, three pieces of loin, and two pieces of neck—the lamb had not been cut up by a butcher, quite the reverse.
JOSEPH HIGGS . I am a constable of Pinner. I went on Wednesday the 23rd of November to search the prisoner's house—he has lived there for years—I saw Forster bring the mutton down stairs—I went into another room, and found part of the head, cooked, in a dish—I found a bag at the top of the cupboard, with some mutton suet in it—I went into the garden, and found all the entrails buried, and cabbage-plants planted over them—they were the entrails of a sheep which had been recently killed—they were quite fresh—they might have been killed about three days—I was present before the Magistrate when the prisoner's examination was taken—I saw Mr. Hanson sign it—I know his hand-writing—this is it (looking at the deposition)—I heard it read over to the prisoner—(read) "The prisoner says, I saw a sheep lying in Lady Pell's, as I was going into the foot-path in Mr. Hall's field, on Sunday morning, between 5 and 6 o'clock—I think it must be past 6 o'clock when I got home—it was getting day light—day light was broken—I did wrong in taking the lamb—I knew it did not belong to me—I carried it athwart my shoulders—I did not meet any body—I carried it just as it was—the skin I never saw—I did not open it till I got home—I then asked myself several
questions, and determined to take out the entrails—I was going along a lane from my house, and perhaps to Watford—I cannot say where I was going, as I was going for a job."
Prisoner's Defence. I saw the carcase lying, and picked it up.
NOT GUILTY .
Before Mr. Justice Vaughan.
31. JOHN BEAUMONT was indicted for feloniously breaking and entering to dwelling-house of Samuel Lupton, on the 6th of November, with intent to steal, and stealing therein, 1 snuff-box, value 2d.; 1/2lb. of sugar, value 3d.; 1/2lb. of cheese, value 3d.; 2 sovereigns, 1 half-crown, 5 shillings, and 1 sixpence: his goods and monies.
SAMUEL LUPTON . I live at Brockley Hill, Little Stanmore. On Sunday the 6th of November, I put two sovereigns, a half-crown, a sixpence, and five shillings into a little box, which was in a large one—neither of the boxes were locked—on Monday the 7th, the prisoner came to my house, as I was going to supper, and said, "I am going to work for your master to-morrow"—I said, "It is time you went home"—I was going to bed—I live alone—he said "I will come early in the morning"—in the morning he came again—I said, "You had better go to work"—he said, "I shall stop a little longer"—I gave him a cup of tea, and he cut some bread, and buttered it—on Tuesday night I was going to supper, and missed some cheese, and half a pound of sugar—I looked into my box on Wednesday, and my money was gone.
JOSEPH EELES . I keep a public-house at Halstead. On Wednesday morning, the 9th of November, I saw the prisoner washing himself at my house—he had slept there the night before—he left the house for four or five hours, and then returned, and asked me to take care of that box, giving me a small box—I asked him what was in it?—he said, "Two sovereigns and a shilling"—he left it with me—he said he should return the same evening, but did not, as he was taken into custody—I kept the box till next morning, and delivered it to the constable.
THOMAS FENN . I am a constable of Edgeware. I took the prisoner into custody on Thursday morning—Mr. Carter sent one of his men to my house with him—Eeles came and delivered me a box containing two sovereigns had a shilling—I have had it over since.
Prisoner's Defence. I had not any victuals at all, and I took nothing but the money.
GUILTY of Larceny. Aged 17.— Transported for Seven Years.
Before Mr. Baron Parke.
32. WILLIAM DRAGGS was indicted for feloniously breaking and entering the dwelling-house of James Paterson, on the 11th of November, with intent to steal, and stealing therein, 8 glass bottles, value 5l., his property.
JAMES PATERSON . I am a perfumer and hair-dresser, and live in Grace-church-street. On Saturday night, the 12th of November, I had eight glass bottles—I saw them in the afternoon within about six inches of the glass of the window—I shut up my shop at eleven o'clock—a person could not reach them from the door—they were in the furthest pane from the door—the pane they stood near was found starred and broken when the shutters
were taken down on Monday morning—I did not know it before—there was sufficient cut out for a hand to be put in and take the bottles out—the persons who shut the shutters had not discovered it at night—on Monday morning I looked, and these bottles were gone—they were in a tray.
Q. Did you see the shutters taken down on Monday morning. A. Yes—I saw the hole when the last shutter was taken down—I have two lads and a journeyman.
THOMAS CARTER . I am a policeman. On Saturday night, the 12th of November, I was in Watling-street about a quarter after six o'clock, and heard a cry of "Stop thief"—I turned round, and saw the prisoner running behind me in the middle of the street—I stopped him, and took him to the station-house, when I found these eight smelling-bottles in his pocket, which the prosecutor swears to.
Cross-examined by MR. PAYNE. Q. How far was he from the prosecutor's house? A. About a quarter of a mile—he was running towards Gracechurch-street, from Bow-lane.
PHILIP PARISH . I am a policeman. On Saturday evening, about a quarter past six o'clock, I saw the prisoner in Cheapside with another person not in custody—he ran away—I followed him, calling, "Stop thief," and afterwards saw him in Carter's custody.
(Property produced and sworn to.)
(Robert Green, brushmaker, Kent-street, Borough; Isaac Marshall, wheelwright, Redcross-street, Borough; Thomas Pearce, tripe-dresser, Bermondsey-street, and John Jennings, whalebone-cutter, Kent-street, Borough, gave the prisoner a good character.)
GUILTY . of stealing only. Aged 17.— Transported for Seven Years.
Before Mr. Justice Vaughan.
CHARLES FORD . I am a carpenter, and live at Twickenham. On the 31st of October I came home to dinner at five minutes to twelve o'clock—my wife was at home—I did not see the prisoner—I went out at the back door to feed my pigs—I had looked at the watch as 1 passed through the kitchen—it hung over the mantel-shelf—it was exactly five minutes before twelve—I returned in three or four minutes, and missed the watch directly—my wife was not in the house then—the door was open—I shut it, and called to my wife—I received information from her, and went out—I came up with the prisoner about a quarter of a mile from my house, on the Hanworth road—he had a basket with herrings on his head—I said, "You must come back with me"—he said, "What for?"—I said, "You have stolen my watch"—he said he had not, and would not come back for any one, as it would spoil the sale of his herrings—I took him back, and gave him in charge of a policeman, who searched him, but found nothing on him.
ELIZA FORD . I am the prosecutor's wife. I let my husband in at five minutes to twelve—the watch was hanging over the mantel-piece then—I went into a neighbour's house, leaving my husband in-doors—while I was there I saw a boy coming from my door with herrings—he was within my gate when I saw him, and coming out as if from the house—my husband called to me afterwards to know where the watch was—I went to the mantle-shelf, but it was not there, and he went after the boy—I had seen
the watch about a quarter of an hour or twenty minutes before the prisoner was brought back.
JANE HARPER . I live next door but one to Ford. On the 31st of October Mrs. Ford came to the next door neighbour's, where I was—I observed a person open her gate—I told her there was somebody at her door, and she said her husband was in-doors, and he would answer.
GEORGE PEARCE . I live at Old Brentford; the prisoner lives in the same place. On the 31st of October I went with him to sell herrings, at Twickenham—I did not go with him to Ford's house—I saw him go in at the gate—I remained outside—he opened the door and went into the house—I did not see him knock, I did not notice whether he shut the door after him—when he came back he said, "Here is a watch, go and hide it"—he gave it me directly he came out, as soon as he came from the door—they could have seen him from the window of the house—he did not say where he got it—I went and hid it underneath a bush on the Hanworth-road, just as you turn down a lane—I did not mention this to any one at first—I told the policeman of it next day, as the Magistrate said I should be liable to be transported for perjury—the policeman took me before the Magistrate, and charged me with this offence, and the prisoner also—I was discharged, and told the policeman about it afterwards, as he said if the watch was found I should be transported—I told the Magistrate where it was, and he sent the policeman with me, and I took him to where the watch was.
Cross-examined by MR. PAYNE. Q. When were you taken into custody? A. On the 31st, the same day, about a quarter of an hour after the watch was missed—the prisoner was taken first—I was little way before him—I was in Newgate once before, about a year ago, for three weeks, for stealing a pair of shoes and some brushes—there was no bill found against me—I have been three or four times before a Magistrate—Mr. Goring, a butcher at Brentford, charged me with stealing some beef about a month ago—I have been in person since this—I was taken for this, as I could not get bail—I have come from prison now—the Magistrate told me he must keep me till next day.
COURT. Q. Did any body advise you to give the information? A. The Magistrate said I had better tell where it was, as it would be the only way of saving myself—and I then told where it was, and that the prisoner gave it me—I have not been charged with any thing since the beef at Brentford—I did not go before a Magistrate then—I have known the prisoner a good while.
WILLIAM ALLAWAY . I am a policeman. I took Pearce and the prisoner before the Magistrate on the 31st of October—they were both examined, and remanded—I took them again on the 1st of November, and then the prisoner was remanded, and Pearce discharged—he had not said where the watch was before he was discharged to my knowledge—the Magistrate told him he was now liberated, and if he knew any thing about the robbery, he had better tell the truth—he hesitated some time—the Magistrate cautioned him to be careful what he did say, to speak the truth, as he would very likely be brought before a Magistrate on his oath—after hesitating, he said, "Sir, I will tell the truth"—I am quite sure the Magistrate told him he was discharged before he said any thing on the subject, and he told him he had better tell as he might still be under difficulties—he then gave information—he took me on the Hanworth-road, and on Twickenham-common, near a gate-post, by the end of a
road, leading to the Mills, he pointed, and said, "It is there"—I moved some bushes, and found the watch, which I now produce—there was no glass in it—I said, "The glass is broken"—he said, "No, the glass is there"—I searched further, and found it.
(Property produed and sworn to.)
Cross-examined. Q. What sort of a gate is it? A. It opens nearly close to the door—I had a good view of—I never saw the prisoner before—he passed the house where I was, with a basket of herrings in front of him—I am sure the door was shut when I went away—I could not see it from my neighbour's house.
Cross-examined. Q. If there had been one near the gate, you must have seen him? A. I was listening to my neighbour's door—she was talking to me—I heard her gate open—I should have seen two, it they had both left the gate—I only noticed the one inside the gate—there was nothing to prevent my seeing a person outside—I never saw the prisoner before.
CHARLES FORD re-examined. When I stopped the prisoner, he denied it, and said there was another one ahead of him, taking part in his herrings—I instantly gave him into custody, and went and took Pearce, who was about a hundred yards further on—the watch was found about a hundred yards from where I took the prisoner—Pearce had got beyond it—when my wife let me in, I shut the gate and the door—I went out at the back door to feed my pigs—I never opened the front door—I am certain it was on the latch, and shut—there is no court at the side of my house—it is in a row.
MR. PAYNE. Q. How large was the basket, could it be got in at the door of your house? A. He could have got in with the basket—it was a flat one—he would not be obliged to use both hands to hold it—he could put it up against his side.
GUILTY of stealing only. Aged 17.— Transported for Seven Years.
Third Jury, before Mr. Recorder.
34. CATHERINE CONNELLY and ANN FINNIGAN were indicted for stealing, on the 31st of August, at St. Giles in the Fields, 1 writingdesk, value 1l. 5s.; 2 brooches, value 30s.; 2 rings, value 15s.; 66 sovereigns, 4 half-crowns, 25 shillings, 23 sixpences, and 1 £10 Bank note, the goods and monies of John Brown, in his dwelling-house.
JOHN BROWN . I kept the White Hart public-house in Drury-lane, in he parish of St. Giles in the Fields. On Tuesday afternoon, the 30th of August, I counted up sixty-eight sovereigns, a half-sovereign, and a £10 Bank of England note, and put it in the bottom part of a writing-desk, which fastened with a brass pin—I places also eight sovereigns in the top part of the writing-desk, and 1l. 16s. 6d. in the open part, under a flap covered with green baize—there were two brooches, two gold rings, and other articles of broken jewellery in the drawer, at the bottom part of the desk, which fastened with a pin—there was also a number of papers, documents of various descriptions, and the copy of a lease in Worcestershire; also the policy of a five-insurance, by the Globe, of the same premises, a paper belonging
to the Phœnix, and a letter from the commanding officer of the Worcestershire cavalry, to which I formerly belonged, and a number of other papers—I took the desk up with me to my own bed-room the last thing at night, and deposited it under the bed, close to the bed-side—my wife was confined at the time, and I slept in the opposite room with my son, who is about eleven years of age—I put it under my own bed—I did not miss it till next morning, at a quarter before ten o'clock—Connelly was in my service at the time—I was called up in the morning, at five o'clock, by the brewers coming—we had finished in the cellar putting the beer down about six or quarter past—when Connelly got up, she went about her work as usual in the back part of the house—I was at my bar-the prisoner Finnigan came in and called for half a pint of porter—she went to the apartment where Connelly was doing her household work at the back part of the premises, and was there from five to seven minutes—she had on a weather-beaten plaid cloak—as she came out she had a bulky appearance, she had not when she came in—she stood and drank her half pint of beer, and paid 1d. for it—she then went out at the door, and I saw no more of her—it was about half-past six when she went out—Connelly feigned illness, and went to bed soon after half-past six, when Finnigan was gone, and my wife sent her up her breakfast—about quarter before ten o'clock I called to the nurse to bring the desk down—she said there was no desk there—I alarmed my wife, and she went into the room—I went up myself—I then went to Bow-street to apply for an officer—two officers came—they examined the pot-boy—there did not appear any thing against him, and they went away—I afterwards applied to Kirkman of the F. Division, and he and I searched about London a long time, but could not find any thing—he examined Connelly, about eleven o'clock, in the bar—he asked her a great many questions—she got into a violent ill temper—he said. "You are telling me a whole tissue of falsehoods"—she had remained in bed, I believe, about an hour, or an hour and a half—but her mistress had been talking to her in the bed-room, or the room where the box was lost from—she came down to the bar about the o'clock or half-past—she appeared so ill we thought she could not be guilty—we went over to the cooperage, and she got her bonnet and shawl, and went off down Holborn—my little boy come and tole me so, and we followed her to Saffron-hill. I persuaded her to go to hospital two or three days afterwards, and she called at my house in a cab in going, and I gave her some warm beer—(we took up a man in Lascelles-court, about a month after, who was discharged,) and Connelly quitted the hospital in consequence of finding she had quitted the hospital, I went over to Ireland, about the 17th of September, to a place called Lavello, in the county of Mayo, by myself—I got assistance, and took Winifred Finnigan and the two prisoners, and conveyed them to Castlebar—I found two brooches in a box, which Ann Finnigan said was her's with a number of new articles—a handkerchief, gown-piece, brass candlesticks, and men's wearing apparel, corduroy and cloth, and a number of ladies' handkerchiefs-and she had also bought a cow there—I found a number of new articles in Connelly's possession, and fourteen half-crowns in a box in her father's house at Lavello, but nothing that I had lost—I left them in Ireland, and came back to London—I made and application to the Secretary of State for the Home brooches I found were mine—I went with the officer and found the writing-desk about 150 or 200 yards from the Green Man at Finchley-common—it
was in the second field from the Green Man—I also found some papers in a ditch.
Connelly. Can he swear the handkerchief he found at my father's were mine?—there was a gentleman's servant came to my father's, and left some things. Witness. They were in her father's house—there were four or five new boxes, which had her things rolled up—there is no doubt they were the produce of my property—her mother said it was her daughter's box—she was present, and did not deny it.
Connelly. A gentleman lodged in my father's house, he who was turned out, and my father found these things in his box—it was not my box—he did not ask my mother whether it belonged to me—it was not in my room. Witness. There was but one room in the house—there were four or five boxes—all of them had got new things in—the other prisoner was in another house at the time—the mother said the box was her daughter's—I believe there were two daughter's in the house—it was a complete hut—the mother said it was Catherine's box.
Finnigan. Mrs. Finnigan made my child a present of the two brooches some years ago—I never went into his bar, or took half a pint of beer there—I was not well, and never got up till eight o'clock that morning. Witness. I am certain she was at my house that morning before half-past six o'clock—it might be a quarter past.
WINIFRED FINNIGAN . I am fourteen years old next Christmas, I lived with the prisoner, who is my mother, on Saffron-hill—Connelly is my cousin—I am in custody to give evidence. I recollect Connelly living at Mr. Brown's, at the White hart, in Drury-lane—I went down with my books there—(I sold books in the street)—she asked me how I did—(looking at the desk,), I know that—I saw it at Mr. Brown's one evening—Mr. Brown was in the bar—Connelly was in the passage with it—she asked me whether I would have it—I said I would not—my mother was at home at that time—while Mr. Brown went down in the cellar to draw some beer, Connelly brought it down stairs; and when Mr. Brown came up, she ran up stairs with it somewhere—I waited at the bar for her—she came down again with a tin can to fetch some water in—she winked her eye at me, and asked me to come out—I went out, and she said, "Why did not you take it"—I said I would not—she said it was a little, work-box she had bought, and she was to have 5s. for 6s. to give me, which the gentleman used to give her in the parlour for fetching gin and run up—I said I would not take it—she told me to tell my mother she wanted to speak to her because she was very ill; and I told my mother so between seven and eight o'clock—my mother went to her about seven or eight o'clock next morning—I saw her going—she told me she was going to Connelly because she was very ill—I do not know what day it was—my mother came back to Saffron-hill, about eleven or twelve o'clock in the day, and brought this box with in a blue bag—I did not see her take it out—I went with her near to Barnet, to the fields, up a little road near a public-house—she opened the box, and I saw about half a hundred sovereigns and five or six shillings, and a lot of papers torn up in it—she almost fainted when she saw what was in it, and cursed and swore to see what my cousin had given her, to hang her—I told her to have nothing to do with it—she said she was very sorry—and I told her my cousin had told me to take it, and said there were drunken people and lodgers in the house, and Mr. Brown would not take any notice, and that there was a women there washing, and Mr. Brown would
think it was her who took it—my mother said she was very sorry to take it herself, and if she had known what was in it at first, she would not have taken it—she took the money, and said she would give half to my cousin—she went up the little road, and left the box under a great big tree—she then went into the public-house, and had a pint of porter and some bread and cheese; and then she went into the next field, and left the box in it, it was two or three fields from the public-house—we then returned again to Saffron-hill—I saw Connelly, I think, the following morning, at her lodging-house, in Caroline Court, about ten or eleven o'clock—we stopped there till next morning, and then went to Jane Finnigan's house, and next morning, my mother, my cousin, and me, went off by the coach to Liverpool—my mother had about 13l. of her own, and she paid for us—I had seen her have money before she got the box—we want from Liverpool to Ireland in a steam boat, and landed about five or six miles from Dublin—we went to Lavella Row, where we came from; and when Mr. Brown came over, we were all put into gaol—my mother had talked of going to Ireland before she had the box—Connelly was not in England at that time, but mother sent for her to go over with her—she was here about a month or two—my mother got her Mr. Brown's place, and took her back to Dublin when she got the box.
Connelly. Q. Did you see that box in my hand the night you came there? A. Yes—you took it up stairs—I think you brought it down stairs.
Connelly. The box was never up stairs in the day time—Mr. Brown used to take it up at night, and bring it down in the morning.
MR. BROWNS. I always brought the box down in the morning, and took it up the last thing at night—it was down stairs on the evening she speaks of.
Connelly to WINIFRED FINNIGAN. Q. Did you see me bring it down stairs? A. Yes—you had it under your arm—I did not see you come down the stairs with it—you were in the passage at the box into the street? A. No—she offered it to me at the bar door—she followed me to the street door to speak to me.
Connelly. Q. On the morning the money was gone, did I go to the hospital or come home? A. You came home—she was at the hospital, but I do not know how long.
COURT. Q. How long after going to Finnigan's house did you go to Liverpool? A. Three or four days after—I was not a week in the lodging in Caroline-court.
Connelly to MR. BROWN. Q. Did you send me home in a cab to my lodging, the week before the money was gone? A. yes, because you appeared to be so ill, but I had a doubt it—she seemed to feel very ill in the parlour—I sent a woman home with her in the cab—she came to me again on the Monday, and we took her back—and on Wednesday, the 31st, I lost my writing desk.
Connelly. At six o'clock in the evening there was on officer in the house, and I offered to go down to my own house to search my boxes. Witness. She said so about eleven o'clock in the morning—she had been out in the street before that—she had not an opportunity of going as far as her lodging—she had gone to the cooperage yard—she had not time to go to Saffron-hill—she lodged four or five doors from her aunt—the officer and I went to her lodging but she got there first—we went to ask a question at the cooperage yard, and when we got to No.7, Saffron-hill, we found her
sitting down there—I got a letter for the hospital, and she went—she had no means, that I can make out, of conveying the box from the premises before eleven o'clock that day—she had got left my premises before it was missed—she had gone to the cooperage yard for wood to light the fire, but she had not got it then—it was just as she brewers had gone putting down the beer—Finnigan had been there then—she had no opportunity of parting with the box before the brewers left the premises—she went to the cooperage yard about a quarter of an hour or twenty minutes after they left—Finnigan came about a quarter after six o'clock—the brewers had gone then—she had the opportunity of bringing it down stairs shout a quarter-past six o'clock, while Finnigan was there.
JANE FINNIGAN . I am the wife of James Finnigan, a labourer, and live in Crown-court, Golden-lane. On the 15th of September, the prisoner Finnigan and her daughter came to my house between twelve and one o'clock in the day—the prisoner asked if I could let her have a bed at my house that night, but if she had a coach to go off that evening by seven o'clock to Liverpool, she should not stop—she asked me if I would go with her to the next coach-office to see if there was a coach going off that night or not—I went with her to the Three Cups in Aldersgate-street—before we went into the office, she stepped back, called me, gave me five sovereigns, and told me to pay for the fare, and take three places for her, her daughter, and her niece Connelly—we went into the office, and asked if there was a coach going off about seven o'clock—the clerk said "No, there was gone till between ten and eleven o'clock next morning"—we paid the five sovereigns for outside places, and returned home—she said I could agree for the places better than her—she slept at my house that night, and left before ten o'clock next morning—Connelly came between seven and eight o'clock that night—they all three slept there.
Finnigan. Q. Did not you give me one of the brooches? A. The night they slept at my house there was a little brooch, which was bought by a little girl at Bartholomew Fair for my baby, and I gave it to little Finnigan—it was a little common brooch—I am quite sure the one produced is not the one—it is nothing at all like it it was as common a thing as could be bought—I thought it might please the little girls—it was a large brass pin with a bit of sealing wax dropped on it.
HENRY FALL . I am an officer of Bow-street. On Thursday, the 4th of November, I arrived at Castlebar, and found the prisoners and Finnigan's daughter in custody at the gaol there—I received the brooch, which has been produced, without the stone in it, from Short, of the Dunmore police, and the other three brooches I received from the constable of the same place—I took the prisoners into custody, and showed the brooches to the prisoner Finnigan—I asked her if those were the brooches which were found in her box—she said they were, but they ere her own property, and the one which had no stone in it had been made a present to her daughter about two years ago, and the others she had found wrapped up in a small handkerchief, and had had them all there in her possession upwards of two years—I went to Finchley with Finnigan's daughter—she showed me a field, and pointed out a spot under a hedge—I there picked up some pieces of paper—I got the outside of the writing-desk from Batchelor, and the loose pieces belonging to the inside from Carter.
WILLIAM BATCHELOR . I am a labourer, and live near the Red Lion at Finchley. I found this writing-desk in a field near the Green Man, about thirty yards from the stile, near a bunch of briars—there was nothing but
papers in it—it did not appear to be broken open, but the partitions inside were broken—I kept it two or three months, and afterwards gave it to Fall.
FREDERICK CARTER . I am a labourer, and live at Finchley. I was going along a road close to Turpin's oak-tree, near the green Man, about half a mile from the spot described by Batchelor—I there found these pieces of the desk, which I gave to Fall.
JOHN BROWN re-examined. This is my desk, and these papers are part of what were in it when lost—this is my brooch—the one without the stone I have had twenty years—I bought it in the Strand—this one was made a present to my wife—I had it set about eighteen months ago—I will not swear to the that was in Finnigan's box positively, but the other two I swear to positively—I lost also a desk, containing sixtyeight sovereigns and half-sovereigns, a £10 Bank of England note, and 30s. 6d. in silver.
Connelly's Defence (Written). There was a row the night before he lost his money—I did not get up till seven o'clock the next morning, having been under the doctor's hands for a week—I could only sit up to make breakfast—at eleven o'clock master came into my room, and said he had lost his money—they went to my lodgings, but found nothing.
Finnigan's Defence. Brown brought my child out, and brought her up and down the road, and whispered, and put his hand round her neck—he told her she should never want any thing, and to swear, I left the box in such a place, and it would be all right—this was in Ireland—he and the policeman's wife told her to say so, and to swear against Connelly—the child was separated from me ever since, and whatever they told her to say the said—the officer would not let any body know he was going to bring us from Ireland—I had money before I knew any thing of Mr. Brown—I sent for Connelly, and she got a good place—I was glad to take her home to her father and mother, and was glad to get home myself. CONNELLY— GUILTY .—Aged 22.
FINNIGAN— GUILTY .—Aged 46.
Transported for Life.
NEW COURT.—Thursday, November 30th, 1836.
Before Mr. Common Sergeant.
GUILTY .— Transported for Seven years.
GUILTY .— Transported for Seven Years.
37. JOHN TAYLOR and JOSEPH COLLIGNS were indicted for stealing, on the 10th of November, 20lbs. weight of worsted, value 3l. 10s.; 1/2 a yard of silk, value 2s.; and 12 trimmings, value 2s.; the goods of Robert Arc her Burgh, the master of John Taylor.
MR. CLARKSON conducted the Prosecution.
Hackney-road, about eleven o'clock on the night of the 10th of November,—M'Carthy was coming up, and Collings passed—I saw her turn down King's-place, which is a very dark place—I turned on my light, and saw Taylor standing under the wall, with two bags full of something—I said to M'Carthy, "Come on"—I saw Collings join Taylor, who was, I believe, as near as I could see, in the act of throwing the bags on his shoulder, tied with a string—they both walked together down the street—we followed—I laid hold of the bag behind Taylor's back, and said, "What have you got here?"—Taylor made no reply—Collings said, "It is all right"—I said, "I wish to know what you have got"—Collings said, "You seem to make yourself very officious; when you are wanted, you are not here"—I said, "We are here now, and before you go from me I will know what you have got"—Collings said, "Oh, very well, come along, you shall soon know"—I and the constable walked with them down Queen-street, to the door of No. 3—Collings then walked in front—he got the door open and went just inside—Taylor attempted to go, but I would not suffer him—he threw the bags down in the road—I then collared him, and we had a struggle—I said, "Now will you tell me what you have got, and where you got it?"—he said he brought it from the warehouse—Collings at this time was just inside his door, within hearing of what I said—I further questioned Taylor, and he said he was coming down Union-street, Hackney Road, and Collings asked him if he would take it to his house—he did not know what it was, and that was all he knew about it—he had told me before that he brought it from the warehouse—I took the bags, and my brother officer took Taylor—Collings said nothing to this—he was inside his door, not above a yard and a half distance—I did not take him that night—when I got to the station I asked Taylor where he lived—he said, "No. 8, Norfolk Buildings, Curtain Road"—I went there to a house I believed to be No.8, and to another No.8, and up stairs I found some ready manufactured trimming, and some silk furniture, in a box, wrapped in a piece of paper—on the following evening, the 11th of November, I went to Collings's house, and I found him at home—I have the bags here.
ROBERT ARCHIBALD BURGH . On the 10th of November Taylor was in my employ, and had been so four years—this silk and these trimmings are mine—the contents of these two bags are mine—this worsted is worth 3s. 6d.—the value of the whole is about 3l. 4s.—a portion of this is in skeins—the rest is thrums or waste, which I allow for perquisites to my foreman.
Taylor. About a month or five weeks back, the foreman sold Collings some thrums—I had to go several times after the money, and got it on the 8th of November—a young man, named James Dex, asked whether I would take some worsted thrums to Collings, and on Lord Mayor's day I took them—In going up Holborn I met a man named Thomas Kingham—he asked where I was going—he went with me—I went to Dex's house—his mother opened the door—I said I had come for some worsted thrums, and not having time to take them then, I took them to my house in the evening—I went to Collings, and told him a young man had some thrums—he told me to bring them to his house the next evening, and if he was not at home, I should find him at a friend's in Hackney-road—I went—he was not at home—I went to his friend's and found him—we
stopped there till past eleven o'clock, and were than going on, when the officer took us.
JAMES DEX . Taylor came to my house on then 9th of November, and brought these goods, which are here in the bag, from my house in Old-street—they were not all taken from my house—Taylor took a portion of the worsted to his own house, as well as me—and the next morning he told me he was up till eleven o'clock for the purpose of sorting what he had got, and what I had got, to take to Collings—I am in the prosecutor's employ.
Taylor. That is false; the bag which was found on me came from his house. Witness. I made a confession to my master of what I had done, and told him all I knew about other people—I never took these trimmings—this silk Taylor cut off to make a pincushion, and this he took home to make a bell-rope of.
Taylor. Some time ago the foreman looked out this silk—he burned a great quantity—I asked if I might have a few to please the child—he said, "You may have a few, but not many."
(Ann Wilson, of Norfolk-place, Curtain-road, and Thomas Kingham, gave Taylor a good character.)
TAYLOR— GUILTY .
COLLINGS— NOT GUILTY .
38 JOHN TAYLOR was again indicted for stealing, on the 10th of November, 30lbs. weight of worsted, value 5l.; the goods of Robert Archibald Burgh, his master; and JOSEPH COLLINGS for feloniously receiving the same, well knowing them to have been stolen; against the Statute, & c.
GEORGE TEAKLE (police-sergeant H 8.) I was in the Hackney-road on the night of the 10th of November—about eleven o'clock Collings passed me, down King-street, I followed him and Taylor to the house—on the next day, about half past nine o'clock, I went to Collings's house—I searched, and found these things in the back room down stairs, and this small parcel in a room up stairs—some of this is in entire skeins—I found some very damp—I asked Collings in the house if he had any objection to go with me to the station-house—he said, "Yes, to-night; but I will go with you in the morning"—I said, "You must go with me now"—he said, "Very well, if I must, I must" and I took him—that is all that passed.
Cross-examined by MR. PHILLIPS. Q. Did Collings overhear the conversation you had with Taylor? A. I believe so—he was at liberty that night, and all the next day, and I found him in his own house the next night—there were thrums and other such things in his house—I left the thrums and waste behind.
GEORGE BESWICK . I was fourteen years old on the 12th of September, and live at No. 16, King-street, Hackney-road, with my father. I was in the service of Collings the first week or fortnight of November—I was there more than a week—I used to turn a wheel, and sometimes cut up worsted, or worsted fringes—Collings was a rug-maker, I believe—I have seen Taylor at Collings's very often, talking to him, about a week before I left—he
used generally to come about the time I used to go away; at about eight o'clock—I never saw him there in the day-time—sometimes he used to come twice a week—I did not know Taylor myself, only by seeing him come to Collings's—I saws him at Mr. Burgh's once, when I went with Mr. Collings to take some cotton-yarn.
Cross-examined. Q. You never saw Taylor bring any thing to Collings? A. No.
JAMES DEX . I was in the employ of Mr. Burgh. I made a statement to my master of what had happened, after Taylor was in custody—to the best of my belief this composes a part of what was taken by me and Taylor, as we took the colours indiscriminately—these pieces were in skeins—we took them from our master's stuck.
ROBERT ARCHIBALD BURGH . I have examined the worsted taken from the house of Collings. I am able to say that this is any property—it is what Taylor and Dex had an opportunity of taking—here is what was found up stairs.
JURY. Q. Is there any mark on this property? A. Yes, there is a mark, from its being a portion, the bulk of which I have—I missed a part of the bulk—a great portion of this has been worked and re-warped, to disguise it—these are entire skeins—they are called warps, and are used in the manufacture of rugs—it is not always customary for rug-makers to wash their worsted.
TAYLOR— GUILTY . Aged 26.— Transported for Fourteen Years.
COLLINGS— NOT GUILTY .
GUILTY. Aged 40.—(Recommended to mercy by the Prosecutor.) Confined Four Days.
REBECCA ALLEN . I am the wife of James Allen, and live at No. 4, Star-court, Compton-street, Soho. The prisoner lived with me nearly three months—I have missed a petticoat and a sheet; being very ill, I could not search for it, but the prisoner being taken for another robbery, the officer found duplicates of my property in her box—this is my property.
Prisoner. Mrs. Allen never saw the sheet in her life. Witness. I know it by a large seam in it, which was made by a little girl in my bar—I know the work—the petticoat she owned to taking before the Magistrate—I missed it—the duplicate was found in her box.
ANDERSON. I am assistant to Mr. Sowerby, a pawnbroker This sheet was pledged by a person on the 6th of September, in the name of Ann Smith. I cannot say it was the prisoner.
42. WILLIAM STANION was indicted for stealing, on the 22nd of October, 8 planes, 1l. 1 square, value 2s. 6d.; 1 bed-winch, value 1s.; 1 wrench, value 2s.; 2 hones, value 3s.; 1 stock, value 2s.; 1 bevil, value 1s.; 2 oil-stones, value 2s.; 4 chisels, value 2s.; 1 screwdriver, value 2s.; 2 saws, value 6s.; 1 other stock, value 2s.; and 1 bit, value 1s.; the goods of henry Lucas, his master.
HENRY LUCAS . I live in Great George-street, Edgeware-road, and have another shop in Tottenham court-road. The prisoner was in my employ—I missed 8 planes and the other things stated—I told the prisoner of it from time to time—he used to say they were hanging up, or under the bench, or under the shavings—this tool belonged to an old man who worked for me, but I can swear to it—I call it a sash filister—there was a little saw I missed, when he had not been there a fortnight—I missed them chiefly in September and October.
Cross-examined by MR. PHILLIPS. Q. Do you owe the prisoner any wages? A. No—he owes me—he was always in my debt—I never desired him to pledge a saw to pay his wages—I paid him before his wages were due—I do not owe him 1s. 4d.—I missed these things about a week before I took him up, through a ticket being found by a lodger—he had not been with me three weeks before I missed a little saw—I did not say I would meet all my troubles at once, and begin with him—I had only one ticket when I took him up—he has a wife and four children.
HENRY KILSBY . I am a pawnbroker's boy. I produce twenty-four tools—they have been shown to Mr. Lucas—they were pledged by somebody, but I cannot swear who—I lived with Mr. Brickle—the person who took them is gone away, and Mr. Brickle too—twenty-one of these correspond with the duplicates the officer found.
(MR. PHILLIPS stated that the prisoner had been authorized by the prosecutor on various occasions to pledge tools to pay his wages—he had continued to do so without any guilty intention.)
(Michael Wilsher, an officer, and Caroline Clark, gave him a good character.)
GUILTY . Aged 36.— Confined Three Months.
HARRIOT OWENS . I live in New Montague-street, Spitalfields, and am a widow—I work for Kendall and Bridge, Friday-street. The prisoner was employed about four years by me as a warper—I gave her silk to warp a cane of 195 yards—I received information that she was taking silk off the cane when she had warped it—I went to her, and said, "What are you doing?"—she said, "I was only taking my top cross"—I put my hand into her bag, and found this silk, which she had taken off the mill—she then said, "I have had an accident with it"—I looked, and saw she had had no accident—I gave her in charge—I took my candle and looked round, and under a wheel I found some more silk—I went to her at the station-house, and said I had found some more—"Yes" she said, "I am sorry to say I have robbed a good mistress"—the silk is not mine.
COURT. Q. If you gave her a quantity of silk to warp, would she be liable to you for the amount? A. She must pay for the deficiency.
NOT GUILTY .
44. ISAAC SEELEY was indicted for feloniously receiving of an evil-disposed person, on the 9th of November, 4 trusses of hay, value 10s., the goods of John Peto, well knowing them to have been stolen; against the Statute, &c.
MR. PRENDERGAST conducted the prosecution.
JOHN LOWE . I am in the employ of Mr. John Peto, who lives near Heston. On the 10th of November, in the after part of the day, I observed some trusses of hay gone—I am in the habit of giving out hay at that hour—it was on the ground—I should think six or eight trusses were gone—I am certain of four.
Cross-examined by MR. ADOLPHUS. Q. Were you examined before the Justice before this? A. No—it was on Thursday——the fire at Cranford-bridge was the night before, on, the 9th of November—no one here has told me it was the 10th—I knew the prisoner by sight—I understand he keeps a public-house—I have been there, but not many times—I cannot say how long he has kept it—I heard he was taken up, and examined before the Justice a day or two after I missed this hay—I do not know that he was at large till they thought fit to take him again—I know Harris—he worked on my master's premises—he did not sell hay for him—he is a labourer—the prosecutor is a farmer—he sold the prisoner once one quarter of a load—nine trusses—it was nearly twelve months ago—I know that perfectly well—I saw it delivered—I think it must be rather more than nine months ago—I was not present, but I was very handy—one of the men went with it—I cannot say whether it was Harris—is an honest, working man—I do not know that he is a poacher—he did not continue to be employed by Mr. Peto after the 10th of November—he disappeared on the 11th.
MR. PRENDERGAST. Q. Then you knew that Harris was in the employ of the prosecutor at this time? A. Yes—it was meadow hay that was delivered—I did not take particular notice of the band—the hay I missed was bound in the regular way, with a straw band—meadow hay is generally bound with hay bands—I saw the hay delivered to the prisoner about nine months ago—it was part of the meadow hay, bound with hay bands—I know it.
RICHARD HARRIS . I was in the employ of Mr. Peto, at Heston, about seven years. The fire at Cranford-bridge was on Wednesday night—I know the prisoner—he keeps a beer-shop on the Bath-road, about three quarters of a mile from Mr. Peto—John Tickner and I were there till he shut up his house—the prisoner knew in whose service I was at the time—Tickner was at work at Mr. Peto's—I do not know where he is now—when we left the house, Seeley came and asked if we know where we could get three or four trusses of hay—this was about half past ten o'clock—I told him I did not know that we did—he then said was not there any at our farm?—I told him I did not know that there was—Tickner said he thought there was—Tickner and I then went to the farm—when we got there, we went into the yard, and the door of the hay-place fronting the yard was locked—we went into the stable—the stable-door was not locked—there was a door led out of the hay-place into the stable, which was not locked—Tickner put his hand to it, and it was open—we took two trusses a-piece, and came out, down Mr. Peto's field, across the meadow, up
Mr. Seeley's garden—he had told us he would leave the key in the stable-door, that we could put the hay in, and lock it, and out the key behind the post—we did so, and went home—we had had some beer of the prisoner that night—we did not pay for it—we left with an intention to pay on Saturday night—nothing was said about not paying for it—this hay was banded as other hay is—I observed nothing particular about the bands—there is a hay-binder, named Charles Marsh, on my master's premises—it is all bound by him—I never knew my master to have any for sale—on Thursday night, about six o'clock, I saw the prisoner—he took me up in the loft, and the hay was shook up, and it appeared to me that other hay was shook up with it—it was not in trusses, as we had left it the night before—if it was, it was done over with other hay—the prisoner asked me if I thought it would do—I told him I did not know—nothing else passed—I came down, and Tickner and I came home—we were not together in the loft—he stopped down—Seeley told me to go up with him—we did nothing else that night—we went home, and went to our work the next day—we did not remain at Heston—we went to Shere in Surrey, our native home, in consequence of something we heard pass.
Cross-examined by MR. PHILLIPS. Q. When did they take you up? A. Last Tuesday night week—they did not take me before the justice then, but afterwards; there were three or four Justices—they asked what I knew of this transaction, and I told them all I knew of it honestly—I told the truth, just as I have to-day—I do not know whether it was taken down—I saw a gentleman writing while I was talking—I do not know whether I was sworn, and do not know whether I was sworn to-day—I know what taking an oath is—you kiss the book—I took my oath before the Justice—I am sure of that—I told them the truth—I do not recollect seeing the attorney—it is more than ten days since I was before the Justice, and the four gentleman were sitting, there, and a young gentleman writing—that was after I took my oath—I was before the Grand Jury, and I kissed the book there, and before the justices, and told the truth—I was never charged with being fond of game—I never caught a pheasant in my life—I do not know where Tickner is—he left me in the middle of the day—he said he was going to get a bundle of heath for his mother—they went down to my native place to take me up—I do not know where Tickner was then—a shoe-maker was in the tap-room, and Mr. Peto's blacksmith, who lodged at Mr. Seeley's—he was well when I went away—I do not recollect any body else being in the tap-room—I staid there till Mr. Seeley shut up his house—the blacksmith was there, and saw us, and the shoe-maker—I was in liquor—I remember what I was doing—I do not know whether I should have stolen the hay, if I had not been in liquor—I was not in liquor when I spoke to Mr. Seeley—we drank eight or nine pots that evening—I got no money at all—we took the hay about half past ten o'clock, when we left the house—we brought the hay directly—we did not see the blacksmith or shoe-maker again—we had two trusses apiece—I think there is 46 lbs. weight in a truss, I do not know exactly—I carried it on my back—I fell a good deal with it—I could not see whether Tickner was staggering, he was behind me—I do not know whether he was drunk—we went to the prisoner's house about six o'clock—we did not drink ten quarts—we had eight or nine pots—I know it was not more, because Tickner told me when we came out.
MR. PRENDERGAST. Q. How many of you were there drinking this beer? A. I do not recollect, only the blacksmith and shoe-maker, and us
two—sometimes the prisoner drank with us—the brewer gave us three pots to drink in the tap-room—we had eight or nine after that—Tickner and me and sometimes the blacksmith took a drink—the shoe-maker was in the tap-room—I do not know whether he drank or not—the prisoner did sometimes—we fell down several times while carrying the hay—it was dark—I cannot tell whether any of the hay was scattered about—we went across three meadows, and then up the garden—we went to the prisoner's house about two or three times a week.
WILLIAM HALL . I am a constable of Hounslow. I received information in consequence of which I went to the spot where I was directed, where the hay was scattered in a field—I went along several meadows, and into Mr. Peto's ground—I put a bit of the hay in my pocket that was scattered in the meadow, but I did not go close up to the prisoner's premises that day—I traced the hay to the prisoner's between within one meadow—on the next day I traced it still further between nine and ten o'clock—I was able to trace it across the other meadow, right up to the back door—it was scattered all long the meadow, right up to the water-course—I, and Mr. Peto, the hay-binder and my brother officer went up the garden into the prisoner's stable, and into the loft—they had left the traces of it in the hedge as they went along—before they got into the meadow they had to go along a lane, and then to the prisoner's garden—there was a water-course there—there was hay scattered there—when we got to the loft, the hay was open, and some of it was very wet—I have seen hay opened like that—I should think there was about four trusses—Mr. Peto in the first place identified the hay as his—he caught a bit up, and said,—"This is mine," then he said to the hay-binder, "You look for your bands," and he found one, and said "This is my band"—I put it into my pocket—here are four bands that were found in the loft—they are straw bands—I was not present when the other three were found.
Cross-examined by MR. ADOLPHUS. Q. Does that water-course divide the prisoner's premises from other? A. It divides his garden from the field—I observed this track on the 10th—I did not cross the water-course that day—the next day I saw some on the other side of the water—I went before the justice—the prisoner was there—he was let out bail, and sent away—he was taken last Friday I believe—but I did not take him—my brother officer did—he was at liberty nearly a fortnight, and was at his house nearly all that time I believe—I have been a constable seven years—I am not a householder there—I have been away a little while—not long together—I was once lodged here against my will, and proved innocent—I was taken up on suspicion of a robbery, and proved innocent—they did not prove their case—I do not know whether I was three or four weeks here—it is twenty years ago and more—I have never altered my name from William Hall.
MR. PRENDERGAST. Q. What were you taken up for? A. I was sitting in a public-house with a man, and there came in a man selling cloth, and different things, and the man I was sitting with went out with him—he was taken up for the robbery—the Judge said I was acquitted without a stain on my character—I have been constable of Heston seven years—I did not go close up to the water-course the first time.
CHARLES MARSH . I am in the employ of Mr. Peto, and bind his hay. I have been employed by him three years where he now lives, and eight years before he came there—Mr. Peto sells a little matter of hay sometimes—he does not make a regular practice of it—I made these hay-bands
on the 5th of November—I do not make such bands for sale-hay, but for the hay in the rick for my master's horses—I can undertake to say I made these bands at the time I have mentioned—I remember the prisoner having some hay three quarters of a year ago—that was not bound up with any of these bands—I had nothing to do with this hay till I was up in the loft—I never looked after any tracks or any thing—it was all shook up loose, and very wet—I found one band, and hunted, and found a second, and then a pair.
Cross-examined by MR. PHILLIPS. Q. What time of the day was it that you went to the prisoner's? A. I should think eleven o'clock it was broad day light—the prisoner came up in the loft—he said nothing to me—he did not deny us from locking about—he sells beer—I drink very little—I have seen horses stop there.
JOHN PETO . I am a farmer at Heston. In consequence of information I and Hall observed a little track of hay, on Thursday and on Friday were able to trace this track—it led from my hedge across the meadows to Seeley's premises—other persons bring hay up there—I got up into she loft first, and saw the hay-bands found—they are used for the hay tied up for my horses—the hay that I sold is banded with hay-bands—the hay in the loft was similar to mine—I took up some of the hay in the track as we went across the meadow, and that in the loft, and they all resembled mine—it was a sort of bented loose hay—it was old hay that I sold, and this was new—I have sold, I believe, nine trusses to the prisoner—he has never had any banded up in this manner.
Cross-examined. Q. Did you say any thing to Seeley about the hay? A. No—we produced the search-warrant, and I went up into the loft.
(The prisoner received a good character.)
GUILTY. Aged 59.—Recommended to mercy by the Jury and Prosecutor. Confined One Year; Four Weeks Solitary.
Sixth Jury Before Mr. Common Sergeant.
GUILTY. Recommended to mercy. — Confined Five Days.
REBECCA SMITH . I am the wife of James Smith, he is master of the brig Narcissus; the prisoner was steward of that vessel. On Monday morning, the 7th of November, I sent him to the Narcissus to my husband with the articles stated, in a bag—the property now produced is all mine.
EDWARD NATHAN . I am a pawnbroker. I produce the trowsers and two shirts—I received them, on the 7th of November, in the name of James Smith—I cannot say from whom—this duplicate is the one that was given of them.
Prisoner. I found myself in custody when I was in my sober senses—the vessel was gone when I got to the Docks, and I had nothing to live on—my things had gone in the ship to Jamaica.
GUILTY. Aged 28.—Recommended to mercy. — Confined Five Days.
WILLIAM HUNT . I live in Jerusalem-passage, and am a patten-maker. On the 4th of November I saw the prisoner at the corner of the prosecutor's window, at about four o'clock in the afternoon—I saw him pick up the saucepan, and walk out of the passage with it—it was standing down on the pavement—I acquainted Mr. Hasleman—I went to the corner and showed him the prisoner, who was walking on—an officer was passing, who took him.
(The prisoner pleaded poverty.)
GUILTY . Aged— Confined Five Days.
48. THOMAS COLLINS was indicted for stealing, on the 30th of October, 1 pair of trowsers, value 2s. 4d. 1 brace, value 1d.; 1 purse, value 1d.; 1 gown, value 1s.; 6d.; 1 bit of printed cotton, value 1d.; 2 shawls, value 9d.; 1 pair of stockings, value 2d.; and 1 sovereign; the goods and monies of John Riley.
JOHN RILEY . I lodge in Cambridge-court, Fitzroy-square. The prisoner lived in the court—I and my wife went out at about six o'clock in the evening of the 30th of October, and came home at about twelve o'clock and missed this property—these corduroy trowsers, brace, purse, and gown, are mine—I had not locked the door.
Prisoner. I was coming through the court on Sunday night, and there was a row—I saw the bundle lie down, and took it up.
NOT GUILTY .
MARY JONES . I am a widow, and keep a shoe-shop in Brook-street, Ratcliffe Highway. The prisoner was in my shop about four o'clock in the evening of the 31st of October, offering something for sale—while she was there, I turned to settle a little bill with Mr. Raymond—we could not agree about the price that I had offered her for the articles she brought to sell—immediately on her going out I missed a pair of shoes, which I had just tried on a lady—I sent a little girl after her—she refused to come back with her—she made a stop—I sent a boy, she refused—I then got my cloak and bonnet, locked the door and ran after her—when she saw me she came back, dropped these shoes from her gown—these are them.
Prisoner, I was in the back room, and the shoes I never saw—three parcels of mine laid where the shoes were—I went about twenty yards from the door, the little girls came and said, Mrs. Jones wanted me—I turned back without making the slightest objection—I met Mr. Jones, who took me into the back room, and went into the shop, brought the shoes in her hand, and said I had taken them.
GUILTY . Aged 46.— Transported for seven Years.
OLD COURT.—Friday, Dec. 2nd, 1836.
First Jury Before Mr. Recorder.
DAVID JOHN DE CHARMS . I am shopman to Charles John Brooks, of Duke-street, Manchester-square. On the afternoon of the 31st of October I left the house on an errand—there was then a roll of flannel outside the shop-door—I returned in twenty minutes, and missed it. Cross-examined by MR. DOANE. Q. Was the shop door open? A. Yes.
JOHN MATTHEWS . I am shopman to Mr. Flint, a hosier, in George-street, Manchester-square. On the afternoon of the 1st of October, about half-past three o'clock, the prisoner passed our door with some flannel under her apron—I immediately followed her, and gave her into custody in Bird-street, on suspicion of stealing it—I asked her where she got it?—she made no reply—I took it from her, and sent for a policeman—she ran away from me while I went for the policeman—I caught her ten yards off.
(Property produced and sworn to.)
MICHAEL SEBRIGHT (police-constable D 123.) I was on duty in Oxford-street on the 31st of October, and saw the prisoner detained by Matthews—she was given into my custody—she requested I would let her go.
(The prisoner received a good character.)
GUILTY. Aged 40.—Recommended to mercy. — Confined One Month.
JOHN EDWARDS . I am an upholsterer, and live in Bedford-place, Commercial-road. On the evening of the 31st of October I left my shop in the care of my shop-boy, about half-past five o'clock—I had a mahogany liquor-case on a table, nearly two yards inside the shop—this is it.
STEPHEN WIGTON . I am shop-boy to Mr. Edwards. On the evening of the 31st of October I was at the back of the shop—the prisoner came in, and took a box off the table—I ran after him, calling, "Stop thief"—the policeman pursued and took it from him.
SAMUEL MARTIN . I was in the Commercial-road, and saw the prisoner come out of the shop, with the box under his arm—the boy followed him, calling, "Stop thief"—he was caught, and the policeman came up and took the box from him—previous to that he said, "Here is the box, let me go."
GUILTY . Aged 19.— Confined Six Months.
CHARLES EGGLESTON . I keep a shoe-shop in Little Coram-street, St. Pancras. On the 29th of October the prisoner came to my place, and left in the evening, but I did not miss the boots till the Monday, when she was taken—she merely called to see me—I have known he some years—I am single.
JAMES BRADDICK (police-constable E 47.) I took the prisoner into custody—I asked what she had done with the books?—she said they were pledged—I asked for the ticket, and she gave it to me—when she saw the prosecutor, she desired him not to give her in charge, and said her father would make good the boots.
THOMAS ROBINSON . I am a pawnbroker, and live in Charlton-street. Somers-town. These boots were pawned with me on Monday the 31st of October—I cannot swear to the prisoner—the duplicate is the one I gave for it—I have the corresponding one.
CHARLES EGGLESTON re-examined. She staid in my house from half-past one till a quarter to twelve o'clock at night—I went out for something for supper, and when I returned she was gone—I left a young seafaring man there, whom I knew, asleep, and I found him asleep when I came back—I never allowed the prisoner to pawn my things—her father lives a very few doors from me—she always bore an honest character—I have not been very intimate with her.
Before Lord Chief Justice Denman.
MR. BODKIN conducted the prosecution.
ELIZABETH SEYMOUR . I am a nurse in the family of Mr. Jeffery of Stoke Newington, in the parish of Hackney. The prisoner was his servant of all work for about six months—she came in May—she is between nineteen and twenty years of age—I have no reason to believe she is married—in consequence of the appearance she presented, I taxed her once or twice with being pregnant, and I had done so about a week or a month before the 19th of September—she denied it—she had received a month's notice to quite Mr. Jeffery's service, which expired on Saturday the 19th; she was to leave that evening—I saw her between seven and eight o'clock, I believe, that morning—she used to be up sometimes at six o'clock, and sometimes after—she was sitting in a chair in the parlour when I saw her, not able to do her work—I asked her what was the matter?—she said she had a pain in her back—she was so ill, she was obliged to go up to her own room—she went up by my advice about eight o'clock—in consequence of this, I mentioned what had occurred to my mistress—I went up to the prisoner about nine o'clock to her bed-room—I am not certain about the time—I opened the door, and saw her standing in the room dressed, packing the things in her box—I asked her if she was getting ready to go—she said yes—nothing more passed, and I went down—I afterwards went up again, and found her still standing near the box, the door was not fastened—I saw stains of blood on the floor, just close by the door, about where I stood, and a very little way from where she was standing—close by the window—I observed nothing unusual about her—I asked her what was the meaning of the stains, and she said something had come from her—I went down stairs
directly—I did not go into the room—I told her Mrs. Jeffery was gone out, and was going to send Mr. Drayton—she said she did not want him—I went down stairs, and found Mr. Drayton had come—he came into the room where I was with Mrs. Jeffery's mother, and afterwards went into the room where the prisoner was—that was not above a quarter of an hour after I had left her—I did not go into the room with him—I did not hear any child cry from that room that morning.
Cross-examined by MR. CARRINGTON. Q. Was not packing her box, what she would properly have to do, as she was to leave the service that day? A. Yes—about half an hour elapsed between that time and my seeing the spots near the door.
SARAH JEFFERY . I am the wife of Thomas Jeffery, and live at Stoke Newington. The prisoner was in our service—she was to quite on the 19th of November, as I had reason to suspect she was pregnant—I spoke to her on the subject about a fortnight before the 19th of November—I asked her where she was going to, what she intended to do—she told me she was going to look after a situation—I then said to her, "You are in the family way, Jane"—she said, "No"—that was the only time I spoke to her on the subject—in consequence of what Seymour said, I went to the prisoner's room on Saturday morning, the 19th, between eight and nine o'clock—she appeared to be in great pain, and said she was cold—I gave her some brandy and water—I told her I thought she was in labour—she said no, it was no such thing—I think she was standing up at the time—I think I went up four times altogether that morning before Mr. Drayton came—when I went again, I asked her how she was?—she said she had great pain in her back, but that it was not as I said; that is, she was not in labour—I said, did she think she should be able to go, as that was her day; could she go in the morning of the day?—she said yes, she would, and I told her to get her things ready—I found her on the bed the last time I went up—she laid still—I asked her how she was—she made no answer—I did not observe any spots of blood on the floor—I think I must have seen if have had been any—I went myself to Mr. Drayton's house, and he got back before me—I do not think more than an hour elapsed between my leaving, and his getting to the house—I did not go into the room with him.
cross-examined. Q. What has been the prisoner's character and demeanour towards your children, kind or otherwise? A. Kind—I never saw otherwise for three years—she comes from Wiltshire, and is one of six children—her father told me she would be twenty in March.
COURT. Q. You received a good character with her? A. Yes, a very good one, and found her a humane, well-conducted person.
MR. CARRINGTON. Q. You were in the house all Saturday morning, except while you went for Mr. Drayton? A. Yes—I heard no child cry.
CAROLINE FOX . On Saturday, the 19th of November, I was attending the children of Mrs. Jeffery at her house—I went into the prisoner's bed-room a little after nine o'clock, and found her ill—I did not hear any child cry that morning.
GEORGE BOX DRAYTON . I am a surgeon, and live at Stoke Newington. I have attended the elderly Mrs. Jeffery constantly—on Saturday, the 19th of November, I was called by Mrs. Jeffery, jun., to her house—I went to the prisoner's room—on opening the door, she was dressed, and standing in
the middle of the room, with a box open under the window, and a broken pot on her left hand near the table—I said to her, "Jane, what are you doing?"—she said, "I am preparing to go away"—I said, "You do not seem fit to go away—you appear ill"—she said, "No, I am not ill—I am well now" (Here the witness stated the particulars of his examination of the prisoner's person; after which, he charge her with having been delivered, which she denied two or three times.) I said, "I insist on knowing where the child is, what you have done with it, or where you have put it"—I believe her answer was, "I have not put it any where"—I told her I knew she must have put it some where—I said I insisted on knowing and would send for the police if she did not tell me—she hesitated some time, and said, "If I tell you, will you tell any one else?"—I made no answer to that—she waited two or three seconds, and then said, "It is under the bed"—I looked under the bedstead, but perceived nothing, and said, "You have deceived me, it is not under the bed"—she said, "No, you mistake me, it is under the bed, not under the bedstead; you will find it at the foot of the bed, under the bed"—I then went to the foot of the bed, turned up the quilt and the blanket, I believe, and saw a substance—a large package of something in a brown stuff wrapping, but completely under the bed, so as to be concealed but partially—the brown stuff was not entirely hid from view—no part of the child was to be seen—it was entirely covered—it was only partly under the bed; a very small portion of the bed was over it—I took off the woollen covering, and under that was a linen wrapper; I removed that also, and immediately discovered the head and face of a child—it had entirely covered the head and face—I saw nothing till I removed the second wrapping—the face was uppermost—I do not think the head was under the bed—I saw a gash in the neck of the child—I did not notice any thing else at that time—I asked her, I believe, how she could do such a shocking act—she made no reply—it almost made me shudder to look at it—I did not feel the child, to know whether it was warm—there was no appearance of blood from the wound in the throat—I only unwrapped it as low as the neck, and did not touch, the child at all—I have no doubt it was dead—a policeman was sent for, and came in a quarter of an hour—I remained in the room with the prisoner—I begged the policeman to fetch another, which he did—I then told them to take particular notice of the room, and to go to the bottom of the bed, and see what was there—they brought the child on the table, and uncovered it—I examined it—the limbs were quite flexible, and there was no unnatural coldness about it—I could not judge how long it had been dead, not having seen a circumstance like it before; but from the time I was called in, and knowing the previous circumstances, I suppose it must have been dead half an hour at least, within or about that period—after the examination, I said to the prisoner, "Now, Jane, you will save these men a great deal of trouble and inconvenience, if you can tell where to find the instrument with which you did it," she said, "It is there under some box or basket," I am not sure which"—I believe she pointed somewhere—they searched, and found a knife—I did not take it into my own hand, but I saw it in the policeman's hands, and said, from the appearance of it, "I think you have wiped the knife since it has been used"—she said, "No, I did not"—there were appearances of blood on it, but not so much as I should have expected—I then left the room—on the Saturday I examined the placenta, and found it healthy and full there was not the smallest portion of the umbilical cord attached to it—that did not
appear to be cut, but to be torn or rent—on the Monday following I examined the body—it appeared in every respect, a healthy, full-grown child—there were five spots on the face, one on the neck, and a bruise at the back of the head—the hands were clenched, and, the tongue visible between the lips—its weight was 2lbs. 7oz.
Q. What was the nature of the spots on the face? A. There were three on the left side, one on the right, and one on the lip, which was like a bruise—I apprehend they must have been made by pressure, and probably by the hands or fingers—I thought they might be caused by the grasping of the hand—there was a little spot on the back of the head—the incision about an inch long, like an indentation—I cannot account for that at all, and I do not think it of any consequence—the child falling on the ground would be very likely to account for the bruise at the back of the head—the incision on the throat was an inch and three quarters long—I proceeded to examine that when Mr. Robinson arrived—we made a very minute examination of it, and that could not have caused the death of the child—we could form no opinion whether the child was alive or dead when that wound was given—we minutely examined all the internal parts, and found them perfectly healthy—no disease in the chest, abdomen, or brain—we cut the lungs—they were remarkably small, and weighted an ounce and a quarter—their appearance was purplish—they were quite in the upper part of the chest, the chest in all the other parts being hollow—I perceived this before we proceeded to dissect—I then thought, from their appearances, that they had inhaled very little air—my impression was, that they had not inhaled any—we dissected the lungs—I did not perceive any air in the lungs—Mr. Robinson had them in his hand—he separated them from the heart—they were afterwards submitted to the test in water, and floated—we afterwards cut them in several parts, and something like air seemed to escape from them—it was then my opinion that the child had breathed—that is merely from the fact stated by authors, that lungs which will float have inhaled air—I never dissected so young a child before—I merely give my opinion from reading—we dissected the lungs up to the wound in the throat, and were satisfied that that could not have caused death—it was merely a superficial wound—I have attended between 700 and 800 women in their confinement.
Q. Have you known instances of children inhaling air, who have breathed and cried, and yet died before they came quite into the word? A. Yes, certainly—I have never known a child cry—I have known a case where there was no doubt of its having breathed previous to exclusion—my opinion from the circumstances is, that this child had been perfectly separated from the mother alive—I should attribute its death to violent expulsion from the mother—the bruise on the head, and the probable rapidly wrapping it up in linen, would prevent life continuing.
Q. Then it would die from suffocation? A. Yes, certainly—I think the appearances of violence on the body, conjointly were not sufficient to account for death, except the bruise—I am not competent to speak of that—we examined the bruise—it was two inches in diameter—all the blood remained settled in the scalp—I cannot say whether the bruise might produce death without producing internal injury to the brain—there was no appearance of injury in the substance of the brain.
(The witness was then examined at considerable length, and stated his opinion to be, that the prisoner had been delivered in a standing position,
which had caused the rupture of the umbilical cord, which would account for the blow in the head. On his cross-examination, he stated that if the child had fully breathed, the cavity of the chest would have been filled, and instead of being purple, it would have been a bright red—the marks in the face were quite unimportant—a pressure on the nose would have impeded breathing in part—the prisoner might have unintentionally injured the child in attempting to relieve herself—he had heard that the test of the floating in water had been long since exploded—his own experience did not enable him to say that they must sink if they had never breathed, and he considered the test fallacious—the cut in the neck was superficial, it was through the integuments, and about 1-8th of an inch deep—no vessel was injured—supposing the fingers of a hand to be placed on the spots on the face, the flat part of the hand would not cover the mouth—the size, weight, and situation of the lungs were similar to those which had never inhaled.)
WILLIAM BERNARD ROBINSON . I am a surgeon. I was called in to assist Mr. Drayton in examining the body of the child—I have heard Mr. Drayton's evidence—mine would be only a repetition—I concur exactly with him regarding the appearances, both external and internal—every thing was apparently such as is always the case in a child born at the full time, both as to weight and length—when I first opened the chest, my impression was similar to Mr. Drayton's, that the lungs had not been fully inflated—I could not form any opinion when I first saw them, whether they had been inflated to any extent—they were a purplish colour—when lungs have been fully inflated, they present a more florid appearance than these—on dissecting them, a few bubbles of air escaped—I afterwards submitted them to the test in water, any they floated—I should say there must have been some air admitted to cause them to float, because the specific gravity of the lungs themselves, if they have never had air admitted, would cause them to sink—that is my judgement in all cases, except where putrefaction has taken place—in the absence of any thing of that sort, it is my opinion that lungs which have not been inflated would sink—the child had never taken a full inspiration.
COURT. Q. From all the appearances about the child, what is your pinion as to its having been born alive? A. I should say it must have been in a very low state of life—a very small degree of life—it must have died immediately after it was separated from the mother—I should say it had not cried—I should say it was born alive to a certain extent, so as to enable it to live, if she had had proper attendance—sometimes the lungs are inflated by persons who attend—sometimes the child is beaten to make it cry—I consider the crying of the child always a test of full inspiration having taken place—I have sometimes known a child cry before it is born, and generally a minute or two afterwards—I have frequently observed, at the moment of separation the umbilical cord, it cries, but not always.
MR. BODKIN. Q. Is it not possible the lungs might have been inflated, and yet in the further progress of birth, the child have died before separation from the mother? A. Certainly—they sometimes give but one gasp, and die—it might do so before it left the mother—it does not necessarily follow, that because the lungs are partially inflated, it must left the body of the mother it might have been in the progress of delivery.
Cross-examined. Q. We have understood from Mr. Drayton, that children and still-horn in many cases where there is no medical assistance.? A. Yes—and in many cases children are still-horn without medical gentlemen
being able to account for it—in this case the child might be lost for want of assistance, and it is frequently the case that they are suffocated without any fault of the mothers—I think the bruise on the head quite sufficient to kill it—it must have stunned it, and from its low vitality would probably kill it—that blow might easily have been caused in the delivery—the mark on the neck might possible be caused by the umbilical cord hitching on the head, but I will not say.
JOSEPH MARSHALL . I am a policeman. I went to Mr. Jeffery's house on Saturday, the 19th of November, and found Mr. Drayton there—I went into the room where the prisoner was—I was desired by Mr. Drayton to take particular notice of the room, and to look under the bed—the child was concealed from view—I could not see any part of it till I moved the bed-clothes—after the body was found, I removed it from the foot of the bed, I and the sergeant together—the body felt quite warm—it was quite dead when I uncovered it—Mr. Drayton said, "Where is the knife? you had better look for the knife"—I do not know who he said that to—the sergeant said to the prisoner, "Where is the knife"—she said it was under the basket, which was under the foot of the bed—the sergeant lifted up the basket, and found the knife—this is it—it is a steel blade—it is a common dessert knife—it had these spots on at the time.
COURT. Q. You found the child wrapped in linen, I believe? A. Yes, and brown woollen over it—a sort of petticoat—the linen seemed like a large piece of rag—it was not fastened in any way round the child—it was merely wrapped in it.
WILLIAM EPPS . I am a policeman. I went to Mr. Jeffery's house on Sunday morning, the 20th of November, at six o'clock, to take charge of the prisoner—I remained there till two o'clock, and was then received by another person—I was in the same room with the prisoner—Sarah Whitby was attending on her as nurse—she had been speaking to the prisoner on religious topics, and said she deserved punishment—she said, "I know I deserve punishment"—Mrs. Whitby said she must look up to the Almighty—this was about eleven o'clock—she then left the room for gruel, for five or ten minutes, and, directly she was gone, the prisoner said, "Oh dear, it is a bad job"—I said, "Yes, it is a bad job"—she said, "What was I to do? I concealed it from my mistress all along, I denied it; I went down to get breakfast, and I was taken so ill, I found I was obliged to go up again—I took a knife and went up, and when the child was born, I took it and cut its throat—when I got well enough to go away, I intended to take the child and make away with it, and myself too"—I then asked her what the father was, she told me an omnibus-driver—I asked her if she had got any friends in London—she told me she had got a sister only, but she had got a father and mother about a hundred miles in the country—the nurse then came in—I did not tell her what had passed—my inspector had told me not to put any questions to the prisoner—I thought her quite sensible at the time—she appeared quite aware of what she was doing in talking to me—I was in my police-dress—she knew me to be a policeman.
Cross-examined. Q. Was this the first time you were with her? A. Yes, I never knew her before—I did not tell this to the nurse.
SARAH WHITBY . I am married; I was acting as nurse at Mr. Jeffery's. On Saturday, the 19th of November, I was attending the prisoner, and also on Sunday—I was there while the policeman was in the room with her—I had been prying by her, and told her she must look up to God Almighty—she did not say she deserved punishment—she could not have said so
while I was in the room—I was not out of it more than two minutes—I consider her to have been in a lost state on Sunday—not sensible—she took no notice of any one, nor asked for any thing—I did not ask her any questions, no more than in prayer—I never named the death of the child to her—I do not remember naming any of the circumstances to her—I considered the child lying there sufficient—I only prayed to the Almighty, and prayed her to do the same—I did not hear her have any conversation with the policeman—I was not down stairs more than two minutes—I was not allowed to stop for what I went for.
Cross-examined. Q. Did the prisoner appear to you on Saturday or Sunday in an insensible state? A. Quite so—this cap and this night. gown was in a basket, with some of her clothing, underneath the bed.
COURT. Q. You were examined before the Coroner, I believe? A. Yes—she did not say to me that she deserved to be punished—I said before the Coroner that she said on Monday or Tuesday she deserved to be punished—I thought I heard her say so, but it was in prayer—she was engaged in prayer on Monday and Tuesday, but she never said it except in prayer—I prayed by her, and read the Bible to her on Sunday afternoon—I told her to repent, and pray for mercy—I told her so first on Saturday, and also repeatedly on Sunday—I do not remember asking her now she came to do it on Saturday—I do not remember saying before the Coroner that I did.
Q. On Monday did she tell you that if she had known what she had done, she would not have done it? A. I do not remember it—I do not remember telling her that she had murdered her baby.
Mrs. JEFFERY re-examined. I remember Mrs. Whitby coming for some gruel on Sunday morning while the policeman was there—I took no notice how long she was out of the prisoner's room—I had seen the knife up stairs some time before that day.
(Mrs. Hammond, of Kentish Town, gave the prisoner a good character.)
GUILTY. of concealing the birth, but not of the murder. Aged 18.— Confined Two years.
Before Mr. Justice Vaughan.
54. JOHN GRICE was indicted for stealing, on the 25th of October, 2 coats, value 3l.; 5 waistcoats, value 1l. 13s.; 6 pairs of trowsers, value 3l.; 3 pairs of drawers, value 15s.; 1 shirt, value 3s.; 3 handkerchiefs, value 3s.; 2 collars, value 2s.; 1 pair of braces, value 2s.; 1 pair of gloves, value 3s.; 4 boxes, value 1l. 13s.; 2 inkstands, value 2s.; 3 pocketbooks, value 2s.; 1 cigar-case, value 1s.; 2 razors, value 5s.; 1 razorsstrop, value 1s. 6d.; and 1 hone, value 6d.; the goods of Charles Gilman, in the dwelling-house of William Pryor.
CHARLES GILMAN . I am an articled apprentice to Mr. Pryor, a tailor, in Baltic-street, and live in the house. I kept my box in the back room where I slept—it contained the articles stated—which were worth from 11l. to 13l.—I am quite sure they were worth more than 5l.—I saw it safe after six o'clock on the evening of the 25th of October—I went out, and returned after eight o'clock, when I missed it—the prisoner is also an apprentice of Mr. Pryor's—he did not sleep in the same room with me—he had nothing to do with the room—one man could not carry the box—it would require two—it was on the ground floor—I saw my things again next day at Worship-street, and the lid of the box—the body of the box was broken up—one coat is missing.
Cross-examined by MR. PHILLIPS. Q. Did the prisoner live in the house? A. Yes, ever since I have been there, which is four years—he conducted himself well.
JOHN DAVIES (police-constable 157.) On the 25th, I went with Pryor to Baltic-street, and took the prisoner—as we were going to the station-house, he said, voluntarily, "If I had known this, I would not have come home to night"—next day, he said he had nothing to do with the box till it was in Smithfield—that two men took it down there, and he was to give two men 17s. for taking it down on Saturday night—I went to No. 2, Cock-court, Snow-hill, having information, and found all the property produced there, in the room of a man named Divine—I found the lid of the box and part of the body—it had been on the fire—the clothes were concealed in a child's cradle, and in different places about—in going down to the office the same day, I told the prisoner he need not say any thing except he liked, but there was one coat missing—he said, "I took the whole of the property to No. 2, Cock-court."
Cross-examined. Q. How far is Smithfield from Baltic-street? A. Half a mile and better.
WILLIAM PRYOR . I live in Baltic-street, St. Luke's. The prisoner has been my apprentice about four years and a half—the prosecutor was articled to me for three years—they both slept in the house—the prosecutor slept in my back parlour—I discovered the property was gone about nine o'clock on the 25th of October—I went to Cock-court on the 26th, and found it—I had gone to bed a little before eight o'clock.
JOHN NETHERCLIFFE . On the 25th of October, between six and nine o'clock in the evening, I saw the prisoner and another carrying a square box between them in Playhouse-yard, a very short distance from the prosecutor's—they appeared to come in a direction from Whitecross-street—they could have gone that way from Baltic-street—it is not the best way—it is further round—I am sure the prisoner is one who had hold of the box.
Cross-examined. Q. Did you tell the Magistrate it was in Playhouse-yard you saw them? A. Yes—I said I lived there—I am errand-boy to Mr. Cross, of Charter-house-square—I was never charged with any offence, nor taken up; I swear that—Whitecross-street is about a sixth of a mile from Smithfield—I did not tell the Magistrate that I saw them at a post in Golden-lane—I am quite sure I said I saw them in Playhouse-yard—it was taken down and read over to me.
COURT. Q. Would Smithfield be in the way from Playhouse-yard to Cock-court? A. Yes.
CHARLOTTE PRYOR . I am the wife of William Pryor. On the evening of the 25th of October I went out about a quarter past six or seven o'clock, and returned about half past nine—my husband was then gone to bed—I did not see the prisoner till ten or half past ten o'clock—the box was then gone—when he sat down, I said, "John, we have had a heavy loss to-night"—he said, "What is that?"—I said, "Charles's box is gone!"—he said, "That could not go by one alone, there must be two in that, or else be must be a very strong man"—I said a stranger could not do it—I was confident it must be somebody who knew the apartment—it had been standing there two years and a half, and I never lost any thing before.
Cross-examined. Q. Was there any thing to prevent a person acquainted with the premises from telling others where the box might be found? A. Certainly not.
(Property produced and sworn to.)
JOHN NETHERCLIFFE re-examined. Q. What time did you see him in Play-house-yard? A. Between six and nine o'clock—I cannot speak nearer than that—I go home to tea at six o'clock in the evening, and get back at half past six—I do not think it was during that time—I cannot tell where I was at seven o'clock, I was at so many places in the course of the day—when I leave work, between eight and nine o'clock, I go back home—I cannot tell whether it was the last time I came, or the first that I saw him. (John Joslyn, coffee-shop keeper of Smithfield, gave the prisoner a good character.)
GUILTY of stealing under the value of 5l.—Aged 19. Transported for Seven Years.
Before Lord Chief Justice Denman.
55. WILLIAM SHERREY was indicted for stealing, on the 1st of November, 1 watch, value 6l.; 1 chain, value 3l.; 1 guard-chain, value 10s.; and 1 seal, value 1l. 10s.; the goods of Richard Mance, in the dwelling-house of Thomas Webber.
RICHARD MANCE . I am shopman to Thomas Webber, a corn-chandler in Theobald's-road. On Tuesday morning, the 1st of November, between seven and eight o'clock, the prisoner came to order some corn and hay for his master—I had never seen him before—Mr. Webber asked him in to breakfast, and he breakfasted there—he left the house about ten o'clock, and after he was gone I missed my watch, which laid in the window of the room where he breakfasted—I had seen it several times during breakfast—there was a gold seal, a chain, and a guard-chain to it—I gave information, and circulated bills, offering a reward for to—this is it—I saw it again on the 3rd of November at Hatton Garden.
RICHARD CHARLES . I am shopman to Mr. Sherrard, a pawnbroker in John-street-road, a mile and a half from Mr. Webber's—I took this guardchain, on the 1st of November, about half past six o'clock in the evening, from King, and the watch on the 2nd of November, from King also—I afterwards gave information to the police.
JOSEPH KING . I work for my father, who is a cowkeeper, in Whiskin-street, Clerkenwell. On the 1st of November, about half past eleven o'clock in the morning, I saw the prisoner in Hatton Garden, and about half an hour after he asked me to go and pawn this chain and seal for him—I did so at Mr. Clune's—at six o'clock in the evening he gave me this guardchain, which I pawned at Mr. Sherrard's—I received the watch from him next morning, which I pawned at the same place.
JOHN STURGES . I am a policeman. I apprehended the prisoner—I was before the magistrate when he was examined, and heard what he said—it was taken down, and Mr. Laing signed it—this is his signature—(read)—"The prisoner says I must own I took the watch—I took it from the shelf."
GUILTY . Aged 20.— Transported for Seven Years.
Before Mr. Justice Vaughan.
56. JANE MORGAN and SUSAN COLLIER were indicted for feloniously breaking and entering the dwelling-house of Francis Joshua Green, on the 1st of November, at St. James, Westminster, and stealing therein, 4 gowns, value 3l. 10s.; 3 waistcoats, value 12s.; 1 pair of trowsers, value 10s.; 1 coat, value 4l.; 12 napkins, value 7s.; 1 apron, value 6d.; 3 shifts, value 7s.; 2 shirts, value 2s.; 3 petticoats, value 4s.; 1 table-cloth, value 2s.; 2 night-caps, value 1s.; 3 handkerchiefs, value 6d.; and 1 printed book, value 3s.; the goods of Stephen James.
PAMELA JAMES . I am the wife of Stephen James, a saddler in Berwick-street, in the parish of St. James, Westminster; Collier lived in the next room to us. On Tuesday, the 1st of November, I left at two o'clock in the afternoon—I locked the door when I went out, and left it perfectly secure and safe—I took the key with me—when I went away, Collier was in her own apartment, and I met Morgan coming up stairs as I went down—I had seen her previously several times—she could be going to nobody but Collier—I returned at half-past eight o'clock in the evening, and went in as usual—I put the key in and turned the lock back; it was dark, and I did not observe the box then—my husband rang the bell soon after, and, on taking up the light to let him in, I discovered the box of the room-door lock was forced off, but the bolt had not been turned—we searched the room, and missed the articles stated—they are worth about 10l.—some of them had hung on nails in the room, and there were two boxes entirely entirely stripped.
Cross-examined by MR. WHALESBY. Q. Does your husband work in the house, or merely live there? A. We merely live there—there are two rooms on the second floor where I live, one of which Collier occupied—there are two families on the first floor, and there is one over us—a person going up stairs would pass my room, but I turned round, and could almost see Morgan go into Collier's room—I could not see her go in—I think Collier has lived there about two months—I do not know whether she is married—I have occasionally spoken to her—I have been into her apartment once or twice for a light—I have seen a person, passing as her husband, going in and out—she appeared to be living as a married woman—there is one common staircase for all the families.
JOHN BRIDGES . I am an appraiser, and live in Great St. Andrew-street, Seven-dials—Morgan has lived in the house about five months, with a person named Adams, who I let my apartment to—she was taking care of the room for Adams, who was in the hospital—I have seen Collier there—on the evening of the 1st of November, about half-past seven o'clock, she came there with Morgan, and staid for a quarter of an hour or twenty minutes—I did not observe whether they had any thing with them—they then went out together, and I saw no more of them till next day, in custody—after the examination before the Magistrate, I went into Morgan's room, it being left unlocked, my wife turned down the bed, and out fell a bundle of clothes—I went and told the prosecutor.
Cross-examined. Q. About what size was the bundle? A. As much as a good shawl would hold—a person could not carry it without being noticed, unless they had something to cover it—I had not seen any thing brought in.
THOMAS STEWART ROGERS . I am a policeman. On Tuesday night, the 1st of November, at about eleven o'clock, I went to Collier's apartment, and met Morgan coming down stairs from the second floor as I went up—Mrs. James said, "That is one of the women"—I stopped her, and turned her back into Collier's room, and took them both into custody—I went and looked at the prosecutor's door, and found the box of the lock
forced off, and one of the screws broken in the middle—in consequence of what Mrs. James said, I asked Collier's husband for the tool which had been spoken of—he produced a screw-driver from a drawer, very much bent—I tried it to the door of the room, but could not see no marks to correspond with it—there were several marks of blunt instrument—I went to the fireside, lifted up the poker, which was very much bent, and asked the prisoner Collier how it became bent—she said it had been bent before, but on it I found a portion of paint which corresponded with a portion of paint which was off the door-post—I compared the poker, and it corresponded exactly with the marks—it is my belief they were done with that instrument—I searched Collier's room, but found nothing—I went next day down to No. 5, Great St. Andrew-street, and there found the property—it was tied up in this shawl.
PAMELA JAMES re-examined. I can swear to them all, with the exception of a black apron and the shawl they are tied up in, and that Collier owned to at Marlborough-street, as being hers—I lost a shawl which I have not found—I can swear the property is worth 10l.—I did not see Collier's husband in her apartment when I went there—he was there at one o'clock taking his dinner, but I did not see him afterwards.
MORGAN— GUILTY . Aged 26.
COLLIER— GUILTY . Aged 40.
Transported for Life.
Before Lord Chief Justice Denman.
57. JOHN BYE the younger and FREDERICK BYE were indicted for feloniously breaking and entering the dwelling-house of John Bye, on the 21st of November, at St. Giles-in-the-Fields, and stealing therein 12 apples, value 9d.; 1 box, value 1d.; 24 pence, and 1 twopenny-piece; the goods and monies of Mary Byrne.
MARY BYRNE . I sell fruit; I live in Titchbourne-court, Holborn. On the 21st of November I went out at one o'clock, and locked my door—I left 2s. worth of penny-pieces in my drawer, and two dozen large apples—I came home at half-past eight o'clock at night—when I came to unlock my door the screw came out, and the lock came off in my hand—I looked at my drawer, and the money and the handkerchief it was in were gone, and also a dozen of the apples,—I went up to the attic, and found the two prisoners there—they sleep there, and work with their father—the door was locked—one of them opened it, and four big apples were found between the sacking and the bed—there was a tin box found by the policeman in the bed which I knew to be mine—I had left it in my room—there was 8d. and two halfpence, and a twopenny-piece—I had missed a twopenny-piece—I charged the prisoners with it, but they said nothing till they got to Bow-street, when one gave evidence against the other.
ALLEN HORATIO GARMAN . I am a policeman. I went on the night of the 21st of November to Mrs. Byrne's—I went up stairs with her to the attic, and found the two prisoners—I knocked three times before the door was opened—I found one apple under the pillow—I turned up the bed, and between the bed and sacking I found three more, and a tin box with a twopenny-piece—I took the prisoners into custody—one said to the other, "What did you do with the other apples?"—he made no answer—I do not know which put the question—I found no instrument there—they gave no account at all.
(Box produced and sworn to.)
JOHN BYE— GUILTY . Aged 14.
FREDERICK BYE— GUILTY . Aged 12.
Transported for Seven Years.
(Recommended to mercy, on account of their youth.)
Before Mr. Justice Vaughan.
58. GEORGE WOOD was indicted for stealing, on the 24th of October, at St. Matthew, Bethnal-green, 1 watch, value 3l.; 1 seal, value 6d.; 1 key, value 4d.; and 4 sovereigns; the goods and monies of David Weway, in his dwelling-house; and that he had been before convicted of felony.
DAVID WEWAY . I am a silk-weaver, and live in Nicholl-street, in the parish of St. Matthew, Bethnal-green; the prisoner is my apprentice. On Sunday night, the 23rd of October, between eight and nine o'clock, I gave my wife four sovereigns and my watch—I saw her lock them in a box, and I brought the keys down stairs—I missed them on Monday evening—between four and five o'clock the boys were called down to tea—there were two besides the prisoner, but he did not come down as usual—we inquired where George was, and understood he was gone to the play—I had strong suspicions, and went up stairs, unlocked my box, and missed the four sovereigns and my watch—I stated my suspicions to the police, and H 26 apprehended him about three hours after—3l. is the value of the watch—I am sure it is worth more than 1l.
HENRY BARKER . I am a policeman. In consequence of information, I went to apprehend the prisoner in Wheler-street, Spitalfields, on the 24th of October, at about eight o'clock in the evening—I found him, and took him to the station-house—I found four sovereigns in his waistcoat pocket—I saw him take out of his fob a silver watch, and give it to my brother officer—I have the sovereigns.
SAMUEL MILTON . I am a policeman. I was in company with Barker—as we were going along, the prisoner seemed shuffling something out of his pocket—I seized his hand and kept it in his fob till we got to the station-house—he then pulled the watch out and gave it to me.
(Property produced and sworn to.)
(The prisoner put in a written defence, stating that his master's house was receptacle for stolen property, and for some reason or other he wished to get rid of him.)
HENRY BARKER . I was present in this Court last April, when the prisoner was convicted—I have the certificate of his conviction, which I got from Mr. Clark's office (read)—I am certain he is the man—he was convicted of robbing the present prosecutor, who promised to take him again, and he did so the day he came out, after six months' imprisonment.
GUILTY .* Aged 22.— Transported for Life.
Fourth Jury, before Mr. Recorder.
THOMAS TYLER . I am a brickmaker, and live in Gloucester-street, Haggerstone. On the 14th of November I was in Mr. Sowter's brick-fields, Ball's-pond, and went to dinner with Henry Treadaway—we laid our
trowels down by the side of our work in the open field—we returned at a quarter to one o'clock, and missed them—I found Treadaway's in pawn at Mr. Law's, at Stoke Newington—I went into a public-house, and saw the prisoner—I told him he had stolen mine and my partner's trowel, and I found mine under the seat where he was sitting.
Cross-examined by MR. PHILLIPS. Q. Did you not observe another man with the prisoner? A. No—another man came out of the room—I do not know what became of him—he was not sitting at the table—the prisoner did not say the other man desired him to pawn one of the trowels—he would not own any thing about it.
WILLIAM DAVIS . I am foreman to Mr. Laws, a pawnbroker, of Stoke Newington—I produce a trowel, which was pawned by the prisoner on the 14th of November, about one o'clock in the day—the duplicate is on it.
Cross-examined. Q. Did you see another person waiting outside for him? A. No—he came into the box, not into the shop—he gave the name of John Huggat, but said nothing about another man.
HENRY TREADAWAY . I am a bricklayer, and live in Moneyer-street, Hoxton. I was at work with Tyler, and left my trowel in the brick-field on the 14th of November—I missed it at a quarter to one o'clock—this is it.
Cross-examined. Do you know a man named Huggat? A. No—I am certain none of the labourers are named Huggat.
EDWARD SOWTER . I am the son of Thomas Sowter, a brickmaker, in Ball's-pond. On the 14th of November, about half-past eleven o'clock, I saw the prisoner looking over the fence at the witnesses, who were at work.
WILLIAM SMITH (police-constable N 261.) I went to the Rochester Castle public-house, and took charge of the prisoner—I went with him to the pawnbroker's, and Davis said he was the man who pawned the trowel.
Cross-examined. Q. Did he say any thing when Davis said he had pawned it? A. He denied having pawned it.
GUILTY .* Aged 19.— Confined Three Months.
GEORGE AYLMORE . I am a letter-carrier, and live in Rahere-street, Goswell-road. On the 28th of October, about twenty minutes after eight o'clock, I was in Aldersgate-street, and lost my handkerchief from my coat-pocket—I turned round, and saw the prisoner passing the handkerchief behind him—I collared him immediately, and also seized a person behind him, to whom I supposed he had handed it; but he made his escape—whether he received it I cannot say—I gave the prisoner into custody—this is my handkerchief—I saw it in his hand.
Prisoner's Defence. I had something to drink, which overcame me—the gentleman accused me of the robbery, which I denied.
JAMES MURRELL . I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—I was a witness in April last, when the prisoner was tried—he is the same person mentioned in the certificate.
GUILTY . Aged 22.— Transported for Fourteen Years.
GEORGE PARSONS . I live in Queen-street, Cheapside. On the 6th of November, between seven and eight o'clock in the evening, I was in Grace-church-street—a person tapped me on the shoulder, and asked if I had not lost my handkerchief—I felt my pocket, and said I had—he pointed to two persons, and said, "You seize one, and I will seize the other"—I seized the prisoner—the other immediately ran away—the person ran after him, and as he pursued him along the street, I saw him throw the handkerchief, away—I took the prisoner to where the handkerchief lay, and held him there till the person came back, when the handkerchief was found—I was not conscious of it being taken form me.
JAMES WILD (police-constable R 141.) I was in Grace-church-street, in plain clothes, and saw the prisoner and another young man follow the prosecutor—I saw the prisoner take this handkerchief from the prosecutor's pocket, and give it to the other—I told the prosecutor—he caught hold of the prisoner, the other one got a little a-head of me, and ran away—he threw the handkerchief among some bricks.
(Properly produced and sworn to.)
Prisoner's Defence. The prosecutor came behind me, and touched me on my back—I turned round, and asked what he wanted—he said, "Stop a few minutes"—I stopped till Wild came and brought the handkerchief to him, they took me to the station-house, but found no property on me—I was on the opposite side of the way when the prosecutor came to me.
GUILTY .* Aged 21.— Transported for Seven Years.
62. MATILDA HARRIS was indicted for stealing, on the 28th of October, 1 gown, value 3s., 1 petticoat, value 3s.; and 2 shifts, value 4s.; the goods of Charles Tennant Olivier: and 1 coat, value 8s., the goods of William Grenville Olivier, her master.
WILLIAM GRENVILLE OLIVIER . I keep a school in New Compton-street, Soho. The prisoner was my servant of all work—on Friday, the 28th of October, she left about seven o'clock in the evening, without her wages, or any notice—when she was gone I missed my great coat, which I saw hanging, in the kitchen at five o'clock—I went and examined my bureau, and missed some money—I cannot tell how much—it was kept unlocked—this is my coat—I do not know of any man visiting the prisoner.
BRIDGET CECILIA OLIVIER . I am the wife of Charles Tennant Oliver, the prosecutor's cousin, with whom I live. On the 29th October I missed a Merino dress, two shifts, and a flannel petticoat, which I had seen a day or two previously in my box—it was not locked.
FREDERICK JOHN JOHNSON (police-constable N 50.) On Wednesday, the 9th of November, I apprehended the prisoner in a house in the Almonry, Westminster—a man named Noble was with her—the door was fastened, and the light was out when they came to the door—Noble was in his trowsers—I found the prisoner in the coal-cupboard in the room—I brought them both to the station-house, and found the gown on the prisoner—I returned to the room, and found a duplicate of a gown in the table drawer—the man said, "I suppose this will be all over the water with us"—she said, "Perhaps it will; but never mind, old boy."
Prisoner. It is false; I said nothing about over the water.
THOMAS PRICE JONES . I am a pawnbroker, and live in Tothill-street, Westminster—I produce a petticoat and shift, which were pawned on the 1st of November, for 3s. 6d., in the name of Ann Spencer, No. 18, Douglas-street—I do not know who by—it was not the prisoner—this is the duplicate I gave.
WILLIAM STUBBING . I am shopman to Mr. Harding, a pawnbroker, in York-street, Westminster. I produce a great coat, which was pawned, to the best of my belief, by the prisoner, for 8s., in the name of Matilda Harris—she came afterwards for a declaration, saying she had lost the ticket, and she described the coat to me—I gave her a declaration—the coat was transferred to the name of Samuel Gough, and a new ticket was given to Gough in his own name—the declaration was produced by Noble.
SAMUEL GOUGH . I am blacksmith, and live in Little Tothill-street. I went to the pawnbroker's with Noble, and got the ticket transferred to me—I paid the interest on it—I afterwards delivered it to the officer.
(Properly produced and sworn to.)
(William Hill, of White Lion-street, Seven Dials, gave the prisoner a good character.)
GUILTY. Aged 18.—Recommended to mercy. — Transported for Seven Years.
JOSEPH CARTER . I am a draper. I had a slight knowledge of the prisoner's family—believe he is a hackney-coach or cab driver—I had been drinking with him on the 21st of November—I was quiet collected when the officer stepped in and asked if I had lost any thing—I had been fresh with liquor—the prisoner had gone away, and was found close by the public-house—he stated at the time that what he had done was in a joke—I went to the station-house, and said if they would liberate him, I would not press the charge—I was under the impression that it was a foolish frolic, and think so still.
NOT GUILTY .
HANNAH BOND . I live in Church-street, Bethnal-green, and am a widow. The prisoner lodged with me, and had to pay 1s. 6d. a week—she paid me no rent—she eloped from me for one night, and I missed the articles stated—she came back and asked me how I was?—I said I could not expect to be very well, when she had robbed me—she said, robbed me of what?—I named the articles to her—my daughter fetched an officer, who asked her where the duplicates were, and she gave them to him.
FREDERICK ADAMS . I am shopman to Mr. Pige, of Church-street, Bethnal-green—he is a pawnbroker. I produce two flat-irons pawned by the prisoner—one for 3d., the other for 4d., and a petticoat for 9d.—the tickets the officer has produced are counterparts of these.
Prisoner. It was through distress—I meant to take them out the next day.
GUILTY. Aged 37.—Recommended to mercy. — Confined One Month.
EDWARD MARTIN DOYLE . I am the prosecutor's son. I recollect the evening of the 7th of November—I was inside the shop at half past six o'clock, and saw the prisoner put his hand on these books—"Burn's Ecclesiastical Law," and put them under his arm and run away—he was brought back with them.
GUILTY . Aged 27.— Confined Six Weeks.
MARTHA HALL . I live in Pleasant-place, King's-cross, with my father. This buckle was given to me—the cape and cuffs belong to my mother—the prisoner was a servant in the family—she left my mother's service about the 1st of August—I had missed the buckle a month or two before from my drawer.
Prisoner. It did not belong to her—I bought it before I came to London—the cuffs she gave me, with some ribbon, and the cape of the cloak she gave me to make a bonnet. Witness. I deny it—the buckle was mine—I never gave it to her—nor the cuffs—nor the cape—I gave her several articles that I had done with—these were not among them.
JURY Q. Do you know the buckle by any mark? A. It is bent in the middle where it has been used—it was given to me three years ago—I am sure it was in my possession before she came—I know these things are my mother's—we have missed them since she has been gone—they are worth 6d.—she was taken on another charge, and then we went and saw these things.
Prisoner. She gave me some cap-ribbons, and these things were among them—they were in pieces till I served them together. Witness. These are not sewn up any more than when they were first made.
Prisoner. I am innocent—that ribbon that is on the buckle Miss Hall gave me, and she said she does not know it. Witness. I did not—that I am sure of—I might have given her that, as I have given her many ribbons
NOT GUILTY .
JOSHUA SABBARTON . I am a cabinet-maker, and live in Bagnigge-wells-road. On the afternoon of the 15th of November I met the prisoner in the road, with a plane, which I knew to be mine—I ran after him—he station-house the plane was picked up and given to me—this is it—it was lost from my father's front shop.
Cross-examined by MR. JONES. Q. Is it yours or your father's? A.
Mine—I have had it seven years—there were two other boys walking with him, who ran away.
COURT. Q. Have you worked with the plane? A. Yes—for the last seven years—I had seen it about half an hour before.
Cross-examined. Q. Were the other two boys taken? A. Yes—I went and found them, and they were taken before Magistrate and discharged—this boy gave the description of them—the prisoner said he was along with them, and that one of them stole it and gave it him to carry.
(The prisoner received a good character.)
GUILTY. Aged 13.—Recommended to mercy.— Confined Seven Days.
HENRY BRUMMETT (police-constable G 118.) On the afternoon of the 22nd of November I was in Worship-street, and the prisoner went by me carrying this shawl under his jacket—part of it was hanging out—I stopped him, and asked where he got it—he said, "Oh Lord what have I done"—he said it was thrown out of a two pair of stairs window on his head in Bishopsgate-street—I found out the prosecutor.
Prisoner. I did not say any such thing—I was made a complete laughing stock of—they said it was a wonder it did not break my neck, if it was thrown from the window, but I said no such thing. Witness. I am certain he did say so.
JOSIAH JUDD . I am shopman to Alexander North, a linen draper in Shoreditch—this shawl is his, and has our shop-mark on it—I had left it on the shop door, part of it outside, hanging within reach of a person passing—our shop is three doors from Worship-street.
Prisoner's Defence. I was coming along Bishopsgate-street, and the shawl was thrown at me by a woman near a butter-shop window—I took it up and ran towards the woman with it, when the policeman stopped me—I told him directly that it belonged in the woman.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Six Months.
NEW COURT.—Friday, December 2nd, 1836.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 36.— Confined Three Months; Three Weeks Solitary.
WILLIAM MITCHELL . The prisoner was in my employ on the 26th of November—in consequence of having missed things I marked ten half crowns, and 17 shillings—I put them into my desk, and locked the counting-house—I
did not lock the desk—it was all right at ten o'clock on Wednesday morning, the 30th of November—I returned to the counting-house at eleven o'clock—I counted the money, and found one shilling missing—there were evident marks of shoes against the raised partition which forms the counting-house, which could be got over by means of a ladder—there were marks of getting over—I called in an officer, who searched the prisoner, and found one shilling on him, which was marked—he searched his box, and found this tinsel lace—the prisoner was a porter to clean boots &c.
Prisoner. On the Monday night Mr. Mitchell gave me a shilling to get a sole for his supper—I put that into my pocket with other money. Witness. I gave you a shilling, but not that shilling; it was one I took out of my pocket—they were all marked with a punch which I have in my pocket.
GUILTY . Aged 38.— Transported for Seven Years.
HENRY HUGGINS . I live in Upper Stamford-street. On the 9th of November I was in Bridge-street, Blackfriars—I had a handkerchief in my pocket—I missed it on the officer speaking to me, he produced it—this is it.
CHARLES GOFF (police-constable L 31.) I was in Bridge-street, and I saw the two prisoners in company with two others—they followed the prosecutor along Bridge-street, and I saw Mason put his hand into his pocket, and take out the handkerchief—they then separated—I took Mason, and Brook took Kidd—I gave Mason to another officer, and went and told the prosecutor.
JAMES BROOK (police-constable L 118.) I saw the two prisoners together for about ten minutes—they appeared to be connected, and talking together—they were then coming off Blackfriars Bridge, and were in Bridge-street—Mason gave this handkerchief to Kidd, who put it is the flap of his breeches—I pulled his hand out with it.
Kidd. He did not see us in company—he did not say before that he saw him give me the handkerchief—I picked it off the stones—if it has not been washed, it is all over mud.
Mason. I was with a lad—a gentleman was passing with a handkerchief out of his pocket, and he took it and threw it on the ground—his name is M'Donald—he was discharged—I saw Kidd pick it up.
Kidd. The gentleman said he could not swear to the handkerchief, and it was on the ground—I picked it up, and was going to inquire whose it was.
(The prisoner Kidd received a good character.)
MASON— GUILTY .* Aged 19.— Transported for Seven Years.
KIDD—GUILTY. Aged 20—Recommended to mercy by the Jury.
Confined Six Months; Four Weeks Solitary.
ANDREW ROBINSON . I belong to North Shields, but have lodged on Cock-hill, London, and am married. At half-past eleven o'clock, on the evening of the 12th of November, I was walking up to Shadwell church, when the prisoner asked me to go home with her—I told her I would give her half-a-crown—she said that would do—I went home and gave her 1s., and 1s. 6d. to get something to drink—I fastened the door and went to bed—I left my money in my jacket pocket, and in the morning my jacket was moved—I missed my money, and spoke to her about it—she denied it, and used very bad language—I called the policeman—he could not find it—he said he would take her to prison—she began crying, and said, "If you will not hurt me I will confess where the money is"—he said, "It does not rest with me, I must do my duty"—she took him down and found the money.
ROGER JUDGE (police-constable K 260.) I was called in, and the prisoner said, "If you will not hurt me, I will tell you"—I said, "It does not rest with me, but to do my duty"—she then took me down stairs, and showed me the four sovereigns and two half-sovereigns under the cill.
Prisoner. He was to give me five shillings—he gave me only half-a-crown, and wanted me to to trust him till the morning—I said I would not—he said, "If you are afraid to trust me, I am not afraid to trust you"—and he put the five sovereigns into my hand.
GUILTY . Aged 17.— Confined Six Months.
JAMES MARTIN . I live with my father, in Mare-street, Hackney. On the evening of the 9th of November, at about four or five o'clock, I was standing at the corner of Queen-street, Cheapside—I had a watch in my waistcoat-pocket, fastened with a ribbon-guard round my neck—I did not miss it till I was told of it—I then found the ribbon was cut—I felt nothing snatched away—a person came up, and asked if I had lost any thing—the watch was afterwards produced—this is it.
JAMES WILD . (police-constable R 141.) I saw the prisoner, in company with another, standing at the corner of Queen-street, Cheapside—they made way for the prosecutor—that made me suspect—I told Dyke to keep close up—I saw the other man cut the ribbon from the prosecutor's neck, and pass the watch to the prisoner—they had got the prosecutor jammed between them—I laid hold of the prisoner—we had a struggle, and Dyke called out, "I have got the watch."
Prisoner. I am innocent—I am a cripple in one hand.
GUILTY . Aged 21.— Transported for Seven Years.
another cabin—he came in while I was washing, and went out again—I came out and missed my watch, and the prisoner was gone—I had seen it about two o'clock—I gave information, but heard no more about it till the 9th, when the duplicate was sent to me—on the 10th I came on shore—I met with him and gave him in charge—this is my watch.
GUILTY. Aged 22.—Recommended to mercy. — Confined Three Months.
JAMES HARMAN . I am servant to Robert Watts, a pawnbroker, in Exmouth street. About four o'clock in the afternoon, on the 7th of November, the prisoner was in my shop, she asked for a child's frock—while she was talking about it, I saw her take a pair of trowsers, fold them up, and put them, under her shawl—I went in to tell the young man, and when I came out the prisoner was running up the street—I stopped her, and gave her in charge—I found the trowsers on her—they are my master's.
Cross-examined by MR. PHILLIPS. Q. How near were you to the shop when the policeman came up? A. About 100 yards—I had the trowsers at that time—they had hanging on a rail—she had no child with her, she gave me the trowsers after my inspecting them—she told the policeman she did not mean to steal them.
(MR. PHILLIPS stated that the prisoner had only taken up the trowsers to look at. She received a good character.)
GUILTY. Aged 36.—Recommended to mercy. — Confined One Month.
76. PHŒBE DUNSMORE and WILLIAM DUNSMORE were indicted for stealing, on the 27th of November, 5 bottles, value 5s.; 5 preserve pots, value 5s.; 1lb. weight of preserves, value 5s.; 1lb. weight of tea, value 5s.; 1lb. weight of sugar, value 1s.; 7lb. weight of candles, value 7s.; 1lb. weight of raisins, value 1s.; 1lb. weight of sago, 1s.; 1lb. weight of beef, value 6d.; 1lb. weight of mutton, value 6d.; 1lb. weight of pork, value 6d.; 1 pint of brandy, value 6s.; 1 pint of wine, value 6d.; and half a pint of whiskey, value 1s.; the goods of Charles Smithson, the master of the said Phœbe Dunsmore.
WILLIAM FULLER (police-constable T 149.) On the 27th of November, about half-past seven o'clock, I was on duty in Cadogan-place, watching there, and saw the male prisoner ring Mr. Smithson's bell—the door was opened, he went in, and in about a quarter of an hour I saw him come out with a clothes basket—I stopped him, and asked what he had got there—he said, what odds was that to me, it was his own property—I took him back to the door, and rang; the female prisoner opened the door—I asked her if she knew any thing of the basket or its contents—she said it was all his, that he belonged to the house—I kept them, and sent for Mr. Smithson—the basket contained the articles stated.
CHARLES SMITHSON . This female was a servant of mine, acting as nurse to Mrs. Smithson—I never saw the man before—he did not belong to the house—the officer called to me and I saw the things in the basket—I identify
the brandy, the cork of which had the name of my spirit merchant on it, and the whiskey the same—I had missed things several times.
(The prisoner received a good character.)
PHŒBE DUNSMORE— GUILTY . Aged 25.
WILLIAM DUNSMORE— GUILTY . Aged 24.
Transported for Seven Years
76. ANN MITCHELL was indicted for stealing, on the 1st of November, 1 ear-ring, value 5s.; the goods of Julia Isaacs: 1 shift, value 8s.; 2 sheets, value 5s. 6d.; 1 pillow-case, value 6s.; 2 handkerchiefs, value 3s.; 1 pair of trowsers, value 1s.; and 1 pair of stockings, value 1s.; the goods of Isaac Isaacs, her master.
JULIA ISAACS . I am the prosecutor's daughter. I was present when the prisoner's box was open—the first thing that I saw was an ear-ring, of my own, then a sheet and pillow-case, and other things—they were all my property and my father's.
Prisoner. It is my first offence—I hope you will have mercy on me.
(The prisoner received a good character.)
GUILTY.—Aged 23.—Recommended to mercy by the Jury.
Confined One Month.
SARAH AMELIA LYON . I live in Compton-street, Soho. About eight o'clock on the evening of the 13th of November, the prisoner came to my shop, in company with two other boys—the older boy, who is not here, purchased a penny cigar—after they were gone, I missed two cigar tubes—I named it to my brother, expecting we should see them again—in the course of half an hour the prisoner and James Owens came in to purchase a penny cigar again—I noticed that the prisoner was very artful in his manner—my brother seized his hand, and found the cigar-tube in it—this is it—one was taken from his hand, the other was found on him at the station-house—they were taken from a box on the counter.
WILLIAM POWELL . I am the witness's brother. I was sitting in the parlour and saw the prisoner come with James Owens—Owens asked for a penny cigar, and the prisoner put his hand to the box and took something from it—I went and took him, and found this cigar-tube in his hand.
Prisoner. I did not take either of them—I met a boy on that Sunday, and he gave me three cigars, and then I went with Owens to this house to buy a cigar, and found a cigar-tube—I took it up, because it was like one that the other boy had given me.
(The prisoner received a good character.)
GUILTY. Aged 14.—Recommended to mercy. — Confined Fourteen Days; Four to be Solitary.
Thursday, the 10th November, I sent him with a truck to Bread-street Hill—I did not say a word about his receiving the money—I overtook him in Whitechapel—I stopped him, and gave him a half-crown to buy me a truss of hay—I did not see him again till the day he was taken, when I saw him opposite Whitechapel church, three parts intoxicated—I was not out the whole of the rest of the day, and the hay did not come—I sent my apprentice down Mile-end-road, and the truck was found left by itself there.
Prisoner. He gave me the half-crown after I had received a sovereign—I put it with it, and I missed the sovereign, and did not like to go to him.
GUILTY . Aged 22.— Confined Six Months; Three weeks Solitary.
JAMES CAMPBELL . I sent the prisoner with eleven casks to Mr. Fletcher, and gave him the invoice—I did not tell him to ask for the money, nor did I calculate that he would receive it—I sent the bill that there might be no mistake—he had never received money for me before.
NOT GUILTY .
THOMAS WATKINSON . I live in Middleton-street. On the 28th of November, at a quarter past nine o'clock, on passing through Houndsditch, I felt my pocket touched and I missed my handkerchief—I was about pursuing another who was passing down Cutler-street, but the prisoner was pointed out, and I pursued him—he endeavoured to make his escape as soon as he was spoken to by White—he was then taken, but the handkerchief has not been found.
CHARLES WHITE . I am a carpenter, and live in George-street. I saw the prisoner and another following the prosecutor—I saw the prisoner make two attempts at the gentleman's pocket—he then drew the handkerchief out of the pocket—the prosecutor turned round, and was going to lay hold of his companion—the prisoner handed the handkerchief to the other, who ran away—I gave information, and the prisoner was taken—I am sure he drew it out.
Prisoner. There was another person walking by my side—he took the handkerchief—it was not me—I saw him do it. Witness. I saw the prisoner take it.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Six Months.
WILLIAM JEFFERSON . I am a cabinet-maker, and live in Hollis-street, Soho. The prisoner lived in my employ about two months—I have lost a considerable number of things—a tea-caddy, a book, and lock and key, were taken away.
Prisoner. Q. Is not that Blanshard's caddy; and did he not leave your shop, and I agreed to finish his job, as he was about to go to another shop? A. Yes, he finished it in my workshop—it was my own property that he
finished—this is Blanshard's property—Blanshard took his tools away, and left his things in my charge at the time.
Prisoner. I agreed to finish it for 17s. 6d.—he left this in my charge, and I, being short of money, pawned it—Mr. Jefferson asked me what it was, and who it belonged to.
THOMAS BLANSHARD . These articles are mine—I left them with Mr. Jefferson, and left the prisoner to finish my work—I did not place them, particularly in any one's possession—I placed as much confidence in one man as the other.
Prisoner. Q. Do you believe I took them with intention of stealing, them? A. I do not.
COURT. Q. Have you had any transactions with him so as to pawn one another's goods? A. I have not—he has never used my tools or boxes—I had paid him for finishing my work—if his had been lost I should have looked to Mr. Jefferson for it.
Prisoner to WILLIAM JEFFERSON. Q. Did you not see the box on my bench, and ask me whose it was, on Monday morning? A. I never did—Mr. Blanshard showed me the caddy, and left that and every thing with me—he begged me to let him leave them there.
Prisoner. I refused to go to his work, in consequence of his bad payments, and he has no other means of annoying me but this—on the Saturday before he promised us money, he only gave us 10s.—I had worked fourteen days for a job that came to 7l.
WILLIAM JEFFERSON . He had done about 15s. worth of work, and I paid him 10s.—the job will come to 7l.—on the Saturday there was this dispute about the 10s.—I had not said a word to either of these men about this before that—this was not gone then, that I know of—the other things were gone—on the Wednesday morning I was coming up Dean-street, and saw my men—I thought they were doing something wrong, and I went after them to the Fish and Bell.
NOT GUILTY .
Prisoner's Defence. On the Saturday night I was very short of money, having a wife and five children—I had but 10s. to receive, and I had 2l. 10s. due according to his books, and the work would take about one week to finish, and then I have 3l. to receive—on the Monday we were to have more money—Tuesday and Wednesday came—there was a demur among the men—this trowel was left in charge with M'Nulty, by Blanshard, and not with Jefferson—I said to M'Nulty," I want a few coppers; may I take that?"—he said, "Yes, if it is got out by the time that Blanshard wants it."
NOT GUILTY .
Cross-examined by MR. DOANE. Q. Were these pawned at the some time? A. No, at different times.
MR. DOANE to WILLIAM JEFFERSON. Q. Did you never authorize the prisoner to pawn any thing? A. Yes; these three planes which are Blanshard's, were pawned—I borrowed the duplicates of him, and he told me to let him have the tickets again—I have had several quarrels with my people—the prisoner once refused to work on Sunday—I have indicted two others—money would have been owing to them when the job was finished—they have asked me for money—I did not pay them on the Monday or Tuesday.
JURY Q. Did you give him authority to pledge the saws or the stock? A. No.
COURT. Q. How came you to give him permission to pawn the planes? A. I went to borrow them of Blanshard, and they were in pawn—he gave me the duplicate, and I was to give him the ticket back again.
NOT GUILTY .
OLD COURT.—Saturday, December 3d, 1836.
Fourth Jury, before Mr. Recorder.
MR. PHILLIPS conducted the Prosecution.
JOHN ROMILLY, ESQ . I am a barrister, and reside in Lincoln's-inn. The prisoner was my clerk, and was entrusted to received money from different solicitors, and was to pay it to me immediately he received it—I never gave him authority to sign a discharge in my name—Messrs. Blower and Vizard were clients of mine—on the 25th of April, 1835, they were indebted some fees to me—the prisoner has never accounted to me for 39l. 1s. 8d. as received from them—in consequence of suspicion, I had him taken up.
JOSEPH BLOWER . I am one of the firm of Blower and Vizard, of Lincoln's-inn. I knew the prisoner as Mr. Romilly's clerk—in April, 1835, he brought me a list of fees due to Mr. Romilly, and I paid him 39l. 18s., and 3l., for himself, included in one cheque, of 42l. 18s., for which he gave me his receipt on account of Mr. Romilly—the cheque has been returned to me by my bankers, as paid.
CHRISTOPHER PARKER . I am clerk to Dixon and Co., bankers, in Chancery-lane, I paid this cheque to a Mr. Tull, according to my entry in the book—I have seen the prisoner before, and suppose I paid it to him, from the entry in the book.
MR. ROMILLY re-examined. Then name signed to the paper I have no doubt is the prisoner's handwriting.
Prisoner. I have no doubt the receipt is in my handwriting—I have signed several bills in the way that is signed.
GUILTY . Aged 39.— Transported for Seven Years.
Before Lord Chief Justice Denman.
85. JOHN HOLMES, THOMAS WOODFORD , and JOSEPH O'DONNELL , were indicted for a robbery on Mary Ann Gardiner, on the 8th of November, putting her in fear, and taking from her person, and against her will, 1 cloak, value 9s.; 1 handkerchief, value 1d.; 1 bodkin-case, value 1d.; and 2 pence; her goods and monies.
BENJAMIN VIMPANY . I am fifteen years old. I go to the Blue-coat school, at Westminster—I have seen Holmes and Woodford about—I went to school with O'Donnell—on Tuesday evening, the 8th of November, between eight and nine o'clock, I was in Vincent-square, and saw the three prisoners there—there was a woman coming along, rather tipsy—Holmes laid down before her, and Woodford pushed her over Holmes, who got up, untied her cloak, and ran away with it—I saw Woodford put his hands into her pocket, but did not see him take any thing out—O'Donnell was there, but he did not do any thing—I watched them—Holmes ran down Vincent-square, into different streets, and into Peter-street, crying out, "Who will buy a cloak for sixpence, which I have won at a raffle at one penny a member?"—I followed him—he asked a fish-woman, named White, to buy it, for 6d.—she said, "I suppose it is not good for any thing"—he said, "Yes, it is a pretty good one"—she looked at it, and told him to put it in her apron—she gave him 6d. in halfpence—he gave Woodford 3d., and asked O'Donnell if he would have any—he said no, he would not be in the mess (I knew the prosecutrix—she only lives down the court) I told them I would tell, and Holmes said he would give me such a hiding—O'Donnell lives in Rochester-row, and I live close by him, in Vauxhall-road—I went to the prosecutrix's house, but she was not at home—I saw woodford on Thursday, and said to him, "Do you know the woman who bought the cloak?"—he said, "Yes, it is old Mother White, the sweep"—I said, "Where does she live?"—he said, "In Castle-lane"—I went there, but found she did not live there—I found her in Loader-place—the prosecutrix would not come here as a witness—she was before the Magistrate.
Cross-examined by MR. PAYNE. Q. What had you been about that evening? A. I had been to Temple-bar to try to find a place—I had not come out of school long—I never had any place—Vincent-square is the direct road from Temple-bar to my house—O'Donnell went with me to find out the woman—I used to know Gardiner before—Treadaway told me her right name—I did not know it before—I had been out of school about a month, and was going to be apprenticed—I used to take clothes home for my mother—I went to Tothill-fields and have come here in custody—one of the prisoners said it was me that kicked the cloak along, that a woman had seen me—she was sent for, and said she was not there—I have only been in custody once—that was about some old iron—I was not turned out of school for that—they knew all about it—the master of the school came to see me in prison—I was charged with being concerned in this.
Holmes. He had part of the money. Witness. No, I had not—Woodford and Holmes had it.
SARAH WHITE . On the evening of the 8th of November, the witness and the three prisoners ran up to me—they were all running together, singing out "Buy a clock for sixpence"—they were all speaking together—I asked them how they got it—they said they won it at a raffle, at 1d. a member—I cannot say which it was said so, for what one said the others said—I gave them sixpenny worth of halfpence for it, and took it home—I gave it to the policeman when he came.
Holmes. Vimpany sold it to her, and she asked him if that was the lowest he would take. Witness. Holmes had cloak in his hand, I am certain—I do not know whether Vimpany took any part in it.
WILLIAM CLIFTON . I saw Mrs. Gardiner on the night of the 8th of November—she called herself Mary Ann Gardiner before the Magistrate—I saw her about seven o'clock on Wednesday at the station-house—she complained of being robbed in Vincent-square on the Tuesday—I went to White's, and got the cloak from her—Vimpany afterwards gave me the prisoners' names, and I took them up—when I took Woodford and Holmes, I told them I wanted them for stealing a cloak in Vincent-square—they said, "Arn't you going to take Vimpany as well?"—I said, "Yes, he is all right enough as well"—Holmes and O'Donnell both said, Vimpany was as bad as them, for he had part of the money, and Woodford said the same—when I told O'Donnell what I took him for, he said, "Oh, I know who gave you the information; it was Vimpany, and he is as much in the mess as the rest of us."
Cross-examined. Q. Are you sure he said "as much as the rest of us" or as himself? A. He said, "Vimpany is as as bad in the mess as we are."
Holmes's Defence. On Tuesday evening I and Woodford were together, and met O'Donnell—we met the prosecutrix, who was intoxicated—the policeman said if she did not go on he would take her—Vimpany said she lived in the same court as him, and he led her to Vincent-square—he told me and O'Donnell to stop till he returned, and when he came back he was kicking the cloak along—I never touched it.
NOT GUILTY .
Before Mr. Justice Vaughan.
86. JOHN WEBSTER was indicted for a robbery on Joseph Smith, on the 17th of November, putting him in fear, and taking from his person, and against his will, 4 handkerchiefs, value 2s.; 1 shirt, value 2s.; 1 waistcoat, value 1s.; 1 collar, value 6d.; 2 knives, value 1s. 6d.; 2 razors, value 1s.; 1 pair of shoes, value 2s.; 6 keys, value 1s. 6d.; 4 half-crowns, 3 shillings, and 3 sixpences, his property.
MR. PRENDERGAST conducted the Prosecution.
JOSEPH SMITH . I live in Herefordshire. On the 17th of October I was returning home, and called at the Duke of York public-house, at Hanwell, to get refreshment—I cannot say how long I remained there—I was waiting for a conveyance to take me further down the country—I inquired for a bed, but the landlord could not accommodate me, and I left about nine o'clock—a man in a flannel jacket followed me out, and said "Old man, I can furnish you with a bed if you will go with me"—that was William Spinks, who has been tried for this—I went with him about twenty or thirty yards, and two men joined us, who said they were going the same road—they appeared to be in dark clothes—they walked a distance behind, and I did not notice them much—I was taken across some fields till we came to a hay stack, when the prisoner seized me by the throat, and I was thrown down—I begged them not to injure me—the prisoner
said "If you don't lay still, you old b----, I will kill you"—they felt all over my body, and took every thing away I had about me—I had four handkerchiefs and a collar in a bundle, and a shirt and cotton waistcoat was wrapped in another parcel—I cannot say which of them rifled my pockets—they kept me down—I saw the prisoner at the time I was pushed down, he was upon me by the hay-stock, holding me down—the left hand cuff of my great-coat was torn—they were pulling my boots off—I begged them not to take them—they then left me with a threat, that if I moved from there before morning they would come back, and kill me—I believe it was the prisoner who said that—it was the same voice—I had seen the prisoner at the public-house in the course of the evening—I have no the least doubt of him.
Cross-examined by MR. PAYNE. Q. What time in the morning was it that you went to the public-house? A. I cannot say positively, it might be from ten to eleven o'clock—I waited there, I believe, till after nine at night for a conveyance—I do not recollect refusing to go—the landlord pointed out a coach, and I went to the door, but was too late for it—I did not drink much there—I consider I spent about 1s. 6d.—I do not recollect going to sleep there—I do not consider I was tipsy—I did go to sleep—I felt somebody with their hand on my face, but cannot say whether it was blacked.
Q. Before you went out of the house did you tell the landlord you had lost your money? A. I got change for half a sovereign there, and I had lost money while I was in the house—I told him so—I had three half-crowns, and paid him for what I had—that was taken out of my pocket before I left the house—I had four half-crowns besides, and three shillings, and three sixpences.
COURT. Q. How came you then to change the half-sovereign? A. I had paid a half-sovereign for a sixpence once by mistake, and I changed it that I should not do the same again.
MR. PAYNE. Q. You have said to-day that Spinks was the man who followed you out, and said he could find you a bed? A. I believe he was the man—I do not recollect saying that Spinks was not the man, but that it was one who had not yet been apprehended—I do not recollect saying so before the Magistrate.
COURT. Q. Did you not swear on the last trial that the person who followed you out was a man in a flannel jacket, and you could speak to nobody else who was in the public-house—you now say the prisoner was in the public-house? A. Yes, he was—I left the two men who joined us in the public-house when I went out—this man took my money from my pocket.
MR. PAYNE. Q. You said just now the prisoner was the person who seized you by the throat, and threw you down, and was on you? A. I am confident the prisoner was upon me—I always said so, far as I can recollect—I think I told the Magistrate it was the prisoner, as far as I can all that took place—it was a dark foggy night—I do not recollect having seen the prisoner since, except before the Magistrate.
COURT. You said before the Magistrate that the prisoner was at the Duke of York at the time you left it, and he was then differently dressed, and before on the trial you could not describe the dress at all, except the dark clothes? A. He had a kind of fustian jacket then, I believe—he had a darker dress on before the Magistrate, something of a darkish green.
Q. You swore a few days ago that the man in a flannel jacket had not been apprehended—why you had him apprehended, and have convicted him? A. The prisoner at the bar had not a flannel jacket—I believe two of the men had flannel jackets.
COURT. Q. At the former trial you swore the prisoner then on trial was the man in the flannel jacket, and you swore to his voice; the policeman took him up from your description, and he was convicted, but you now say the man in the flannel jacket was not apprehended? A. There were two in flannel jackets when I left the Duke of York.
GEORGE TYRREL . I keep the Duke of York, at Hanwell. On the night of the 17th of October, I saw the prosecutor at my house, he had been waiting there all day—I told him he could not sleep there, and he went on the road for the purpose of getting a lodging—he left about nine o'clock—there were several persons in the tap-room—Spinks was in the tap-room—he had a flannel jacket on, to the best of my recollection—I cannot speak to any body in particular who was with him—the prisoner was in the tap-room in the course of the evening,—he was in the habit of frequenting the house—he and Spinks were acquainted—the prisoner is a native of the place, and Spinks had lived there six or seven years—he was working on the rail-road, but the prisoner was not—there were several others with the prisoner, who are in the habit of using the house—the prisoner was there about two hours—I did not see him leave—I saw him there perhaps from six to nine o'clock—I am sure I saw him there as late as eight o'clock—he lives just by my house—I cannot say how he was dressed, whether he had a fustian coat on, or the brown coat he has now—it was a dark coat—I saw the prosecutor go out—I had taken great pains to get him out two or three times—he said he had lost the silver out of his waistcoat-pocket before he left house—there might be between twenty and thirty people in the house—the prisoner did not come in or go out with Spinks—I did not see him at all with him—I did not attend to that room much—the prosecutor came back to my house next morning, and said he thought he should know the one in the flannel jacket again—he said nothing more to me.
Cross-examined. Q. If the prisoner had been described I suppose he could have been found? A. Yes—I do not think the prosecutor was drunk when he went away—he had been so in the course of the day—he had been asleep the early part of the evening—he did not drink after he awoke—he was a good deal better when he left the house—it was a very dark night.
JOSEPH SPILLMAN . I am horse-patrol of Hanwell. I saw the prosecutor the following morning, and he complained of three persons robbing him—he described one man in a flannel jacket, and two in dark clothes—I did not hear him say any thing about any other man in a flannel jacket—he did not say he had seen either of the other men in the public-house—he did not say he had seen either of the men before who pushed him down.
NOT GUILTY .
Before Mr. Justice Vaughan.
87. THOMAS FOWLER was indicted for stealing, on the 3rd of November, at St. Andrew, Holborn, 1 watch, value 5l.; 2 seals, value 3l. 10s.; 1 watch-key, value 10s.; 1 split-ring, value 10s.; 1 guard-chain, value 9s.; and 1 breast-pin, value 1s.; the goods of John Tomkins, his master, in his dwelling-house; and 1 necklace, value 10s., the goods of Ann Newcombe.
JOHN TOMKINS . I keep a public-house in Gray's-inn-lane, in the parish of St. Andrew, Holborn; the prisoner was my pot-boy. On Thursday, the 3rd of November, he went on an errand, about nine o'clock in the evening, and never returned—he had given no notice—I missed my silver watch when I went to bed that night, and the other things—the watch and appendages are worth 10l.—they cost me 15l.
FRANCIS LAMBRUN GREENLEY . I am a pawnbroker at Deptford. On Saturday evening, the 5th of November, the prisoner brought me a silver guard, two gold seals, a gold key and gold ring, to pawn for 6s. or 8s.—I was called into the shop, and suspecting him, asked how he came by them—he said he won them at a raffle—I gave him in charge.
JOHN CANE . On the 4th of November the prisoner applied to me to pawn a silver watch for him, which I did, with Mr. Bromley, of Broadway, Blackfriars, for 30s.—I gave him the duplicate and money—he told me afterwards that he had not got it honestly—that he had it from his master.
(Property produced and sworn to.)
GUILTY . Aged 19.— Transported for Life.
Before Lord Chief Justice Denman.
EDWARD HORN . I am assistant to Messrs. Walker, pawnbrokers, Waterloo-terrace, Commercial-road. On the 3rd of November a gentleman alarmed me—I went out into the street, looked about, and saw the prisoner running with the coat on his arm,—I pursued him, and took him in a gateway with the coat, which belongs to Robert Walker and others—it hung outside the shop. I had seen it safe half an hour before.
Prisoner's Defence. I was coming from the West India Docks, and found the coat on the pavement—as soon as the gentleman came to me I asked him if the coat was his?—he said said, "Yes"—I gave it to him instantly and went with him as freely as if I had done nothing.
WILLIAM OSMOND . I am a policeman. I have a certificate of the prisoner's former conviction, which I obtained from Mr. Clark's office—(road)—I was present at the trial, and know the prisoner to be the man.
GUILTY . Aged 18.— Transported for Life.
Before Lord Chief Justice Denman.
89. ISAAC KETT and THOMAS BELSHAM were indicted for stealing, on the 16th of November, 1 handkerchief, value 5s., the goods Thomas Coxen Archer, from his person; and that Kett had been before convicted of felony.
THOMAS COXEN ARCHER . I am an assistant-surgeon, and live in King William-street. On the evening of the 16th November I was in Norton Falgate, and felt a twitch at my pocket—I had used my handkerchief shortly before—I then put my handkerchief more firmly in my pocket, and in about half an hour Groves spoke to me—I felt, and it was gone—I know nothing of the prisoners.
ROBERT GROVES . I am porter to Mr. Crosser, of Philpot-lane. On the evening of the 16th of November, between eight and nine o'clock, I was in Shoreditch, and saw both the prisoners in company with another boy—I saw them attempt several pockets—when Mr. Archer came by they all three followed him—he was walking at a very quick pace—he crossed into Hackney-road, and there Belsham took a handkerchief out of his pocket—Kett received it, and put it into his trowsers pocket—I then stood in the road—they all three turned into the road—I followed them, and Kett up with his fist and said, "Knock him down"—they turned down a court—I ran after the prosecutor, and he came back with me—I showed him where they went—we looked for a policeman, and found Palmer—I went with him to two public-houses, but could not find them—we came into Shoreditch, and at the corner of Church-street saw the two prisoners and the boy—I laid hold of Kett, and Palmer of Belsham—Kett up with his fist and was going to knock me down—the other ran away, he was quite a boy.
Cross-examined by MR. STURGEON. Q. When did you go out? A. About seven o'clock—I had taken some goods out—I told the Magistrate that Kett picked up the handkerchief and put it into his pocket—I received no reward for my trouble—Mr. Archer gave me 1s., but no reward was offered—I never said I saw Kett give the handkerchief to a boy who run away with it—I did not request money from the prosecutor—I was not told I should have no more, nor to go away as I was troublesome—I never told him the Magistrate desired me to ask him for money—the prosecutor accompanied me till I got a policeman—I saw the prisoners' faces—I never said I only knew them by their dress—I am quite positive Kett is one of them—it was a little after eight o'clock when I first saw him—I took him into custody just before nine o'clock—it was close to nine when at the station-house—I pursued them directly the robbery was committed—I lost sight of them for half an hour—I refused the shilling the prosecutor offered me, and said I did not want it.
MR. ARCHER re-examined. I gave him 1s. on the following morning, without being solicited, for his trouble in running after them—I did not think he should waste his time.
CHARLES PALMER . I am a policeman. I was called on to take the prisoners—there was a boy, who ran away at the time—I took hold of Belsham, and Groves laid hold of Kett—I did not find the prosecutor's handkerchief—I found a handkerchief on Kett, which I showed to the prosecutor next morning, and he said it was not his.
Cross-examined. Q. What time was it? A. About a quarter past eight o'clock, when I met the prosecutor and Groves in Hackney-road, when the robbery was first mentioned to me, and it was about half an hour afterwards I took them.
Mr. Sturgeon called
CHARLES KETT . I am the prisoner's father, and am a master cooper—he worked along with me, on the 16th of November, from seven o'clock in the morning till half past seven at night—he then washed himself, and went out with his brother.
THOMAS KETT . I am a cooper, and work with my father. On the 16th of November I was at work till eight o'clock in the evening, with my brother—we left home at eight o'clock, and at ten minutes past eight he left me to go to his mother-in-law's—I left him at the corner of New Inn-yard, about a quarter of a mile from where we live—his mother-in-law's is in Old Nichol-street, about five minutes' walk from where I left him—he did not leave me till half-past eight o'clock.
KETT— GUILTY .* Aged 21.— Transported for Life.
BELSHAM.— GUILTY . Aged 18.— Transported for Seven Years.
Before Lord Chief Justice Denman.
GEORGE FRANK BAILEY . I live with my father, at Bedfont. Some lead was stolen from his granary, on the 22nd of October—(looking at some)—I know this to be part of it, because I have seen it fitted on the roof of the granary—I have not the slightest doubt of its being part of the same lead.
JOSEPH TITCOMBE . I am a constable of Hounslow. On the 22nd of October I was sent for to take some lead away from the prisoner and one Woodman—I found them with some at Hounslow—I asked how they came by it—the prisoner said he had been to meet his brother at Hanwell, and had bought the lead of a man there named Earl—I asked how he came to bring it so far as Hounslow before he sold it—the other boy said they could not sell it at Brentford on account of the police—this was on Saturday night—I locked them up, and they were sent tot he House of Correction for a fortnight, and for want of further evidence discharged—after that, Mr. Bailey came to me—I saw the lead fitted to his granary—it fitted as far as it went, but there was a larger piece than this, it appeared lead of the same quality—the place is sixty yards long that it was taken from, I should think—I cannot swear to the lead—it was about three feet long, and appeared to match, only there was no cut in it—it was not fresh cut at all—it appeared one solid piece—very old and dry, as it is now, and clean.
Prisoner. I met a man, and bought the lead of him for 3s. 6d.—I was taking it to Hounslow to sell, and was stopped.
G. F. BAILEY re-examined. It was safe on the night of the 23rd of October, and was all gone in the morning—I saw it fitted—I have no doubt at all of it—it corresponds exactly with the roof—I never noticed the gutter before, but it fits the wood-work—I never noticed any mark on it.
NOT GUILTY .
Before Lord Chief Justice Denman.
JOHN WILLIAMS . I am a sawyer. I lost my saw in September, 1835—I left it at Mr. Goddard's, a builder, at Hounslow—Garrett gave me information, and I went to Mills, a dealer in marine stores, at Hounslow, and found it—this is it—my name is on it, and I can swear to the handle—I left it in a shed where I worked—I know the prisoner by sight—he did not work there.
Cross-examined by MR. PAYNE. Q. How long before had you seen it? A. The night before—it might be a month before I found it—I did not know where to look for it.
WILLIAM MILLS . I believe this to be the saw I bought of the prisoner on the 17th of October, 1835—I put it out at the door for sale directly, and had it about a fortnight, and it was then owned by the prosecutor—I know he claimed the same saw as I bought of the prisoner.
Cross-examined. Q. Is your shop in Hounslow? A. Yes—I did not buy the lead in the last case—I had nothing to do with it—there is no other Mills in Hounslow—I am quite sure the prisoner is the person I bought the saw of—I have a memorandum in my book of having bought this—I made it at the time I bought it—I am in the habit of buying a great many tools.
GUILTY. Aged 34.—Recommended to mercy. — Confined Seven Days.
Third Jury, before Mr. Common Sergeant.
WILLIAM RATHBONE . On the 4th of November I was coming from the corn market—on arriving at London-bridge I saw a cart with two seeks filled with something—I knew I had given no orders for any thing to go out in it—it was the prisoner's cart—I employ him occasionally to do cartage—I suspected something wrong, and went down the steps, intending to go into my warehouse, but when I got there the cart had drawn away—I went in, and looked into my book, where every thing ought to be set down, and saw there was nothing down—I called Smart, to know if I had been wanted while I had been away—about five hours afterwards I made inquiry of my clerk about the cart—I saw the prisoner in the evening, and gave him in charge for stealing two sacks of oats—here is a sample the policeman gave me—I had not authorized the prisoner to take any oats for me that day, or authorized any body to send any out—Mr. Green, my clerk, had authority to do so—he is not here—he was at the Mansion House, but was not examined.
Cross-examined by MR. PHILLIPS. Q. Had Green authority to send oats out where he liked? A. Yes, he had; but I had but just parted with him—I do no know what orders he might have given in my absence—Smart has proved himself a thief—I questioned him on the business—he told me the prisoner was to pay him something—I certainly would rely on his testimony, and have acted on it.
JOSEPH SMART . I was in the prosecutor's employ—the prisoner was occasionally employed to cart goods—he came on Friday, the 4th of November, for a quarter of oats, which he wanted me to let him have at a very low price—I told him I could not to do it then, and he went away—that
was between eight and nine o'clock in the morning—he came again about half-past eleven, and asked me to let him have them—I told him "No;" but after a bit I agreed, and he had them—he was to give me 14s. for them, but I did not receive the money—he told me he had been in the habit of having them of the young man who worked there before—he did not buy them at the regular price—that was 30s.—I did not book them to him—this is one sample of them—he had four bushels of the black ones—when he had them before they were always booked to him, but these he was to pay me for at night, for myself—it was between me and him—I was to pocket the money—that was the understanding between us—he had had one sack of me before in the same way—he knew I kept the money—I afterwards gave him four bushels of white oats—he was to have the two for 14s.—they were worth 28s. or 30s.
Cross-examined. Q. Do not you know he was in the habit of having oats from your master, who was to take it out in cartage? A. I do not know what he took it out in—I never had a bad character before—this was my first offence—I should not have thought of it if he had not mentioned it—there was no one present—I told my master I was to receive 14s. for the oats—I did not tell him I was to have 31s.—when he accused me of it, I said he would call and pay for them at night—I did tell my master he was to pay 31s. for them.
NOT GUILTY .
GEORGE WILLOUGHBY . I live in Red Lion-street, Spitalfields. On Wednesday, the 23rd of November, the prisoner came and offered himself as a servant, and I took him into my service to carry out coals when ordered—between twelve and one o'clock on the same day I sent him with a half cwt. of coals to Mrs. Matthews, in Grey Eagle-street—there was a lad waiting for him—I desired him to bring 9 1/2d. back, but I never saw him again till he was brought to me in custody—he had only come to me that morning—he was brought to me by a servant of mine—I asked what he had done with the money for the coals?—he said he had spent it, and had thrown the coal-bag into the railing of the brewery—I gave him into custody—I have never received the 9 1/2d.
GEORGE WILLIAM MATTHEWS . I am twelve years old. The prisoner came to me, on the 23rd of November, with the coals—he asked my mother for the money, and she paid him 6d. and 3d. in my presence—he said there was another halfpenny, and she gave it him—he went away with it.
GUILTY .† Aged 14.— Transported for Seven Years.
FRANCES CRAB . I am the daughter of Joseph Emanuel Crab, of Eyre-street-hill; the prisoner is my brother. My father came home on the 8th of November, and hung a coat up behind the parlour-door, the prisoner was at home—I heard the prisoner say he had stolen it—since he has been in custody he has sent these two letters—this I know to be his handwriting (read)—"Dear Sir, I send you the enclosed duplicate, I hope you will excuse me for what I have done, but I wanted money, so you see I
took the coat. I hope some of these days to be able to pay you four times over. If you have any thing to send to me, send to the Hope, in Smithfield, to be left till called for—Moses Crab."
THOMAS SHEPHERD . I am a policeman. This letter was given to me by the witness the evening I apprehended the prisoner—the duplicate of the coat was enclosed in it—it was directed to his father—I went to Smithfield in consequence of the letter, and apprehended him, and found the coat at Well's, in Broad-street, Bloomsbury.
NOT GUILTY .
95. MARTHA TAYLOR was indicted for stealing, on the 12th of November, 2 sheets, value 5s.; 2 blankets, value 5s.; 1 pillow, value 5s.; 1 pillow-case, value 1s.; 1 tea-pot, value 5s.; 1 table-cloth, value 2s.; and 1 spoon, value 2s.; the goods of George Hambleton.
MARY HAMBLETON . I am the wife of George Hambleton, a watchmaker, in Gee-street, Clerkenwell—the prisoner lodged at our house—I missed these articles, which were let to her with the room—she is married, but her husband did not live with her—she came on the Monday, and I missed the articles on Saturday—these are them.
Prisoner. I pawned them through distress.
GUILTY. Aged 29—Recommended to mercy.
Confined Three Months; Three Weeks Solitary.
96. ANN JONES was indicted for stealing, on the 17th of November, 2 blankets, value 4s.; 2 pillows, value 4s.; 1 bed, value 6s.; 1 sheet, value 1s.; 1 quilt, value 6d.; and 1 flat-iron, value 6d., the goods of Maria Faulkner.
Prisoner. Q. Did I take the room? A. Yes—she brought a man as her husband, who was a basket-maker, and went out to work.
ROBERT BUNYAN . I am a pawnbroker, and live in Aylesbury-street, Clerkenwell. I produce a blanket which was pawned by the prisoner, who was alone—I have other property which was pawned by a woman, who the prisoner said was her mother-in-law.
MRS. FAULKNER. The mother-in-law did not lodge in the house—she used to come backwards and forwards—this is part of it.
Prisoner. I acknowledge taking he blanket, but my mother-in-law was answerable for it.
GUILTY of stealing the blanket. Aged 30— Confined Three Months; Three Weeks Solitary.
NEW COURT.—Saturday, December 3rd, 1836.
Second Jury, before Mr. Common Sergeant.
GUILTY . Aged 38.— Confined Three Months.
GUILTY. Aged 19.—Recommended to mercy. — Confined Six Days.
WILLIAM WATSON . I am a linen-draper. On Tuesday the 15th of November I was in company with two ladies in the Strand—in consequence of information I felt my pocket, and found I had lost my handkerchief—it was produced to me immediately—the prisoners were afterwards brought up, but I did not wait to see them.
Cross-examined by MR. PHILLIPS. A. You believe it is your handkerchief? A. Yes.
JOHN GIBLING (police-constable G 125.) I was in the Strand between six and seven o'clock, I saw the two prisoners in Oxford-street, and followed them to Strand—I saw Doyle put his hand into the prosecutor's pocket, draw out the handkerchief, and run away with it—he tried several gentlemen's pockets before—they were in company together above an hour—I did not see Finch do any thing, but he was so situated that he must have seen Doyle trying, because every now and then he hung back, and Doyle took hold of his hand, and pulled him up to the gentlemen several times—while Doyle was taking the handkerchief, Finch endeavoured to hide him—another officer took Finch—I did not see whether he stood still as I ran after Doyle directly.
Cross-examined. Q. Who was the person that was to hide the other? A. Finch—I did not tell the Magistrate that I saw Doyle try several gentlemen's pockets that I know of—I might, or might not.
THOMAS HOBBS (police-constable C 85.) I was with Gibling—I did not see him take Doyle—he ran after him—at that time Finch was running away—I ran across to him, and then he stopped—I laid hold of his arm, and ran up to the prosecutor, and asked if he had not lost his handkerchief—Finch said nothing.
Cross-examined. Q. Were you examined before the Magistrate? A. No—the clerk stated he did not want any more bound over—I heard Gibling's evidence before the Magistrate—I do not know that he said a word about Doyle trying other pockets, or about Finch coming up to hide him—I think not—I did not attend to his evidence.
(Doyle revived a good character.)
DOYLE—GUILTY. Aged 13.—Recommended to mercy. — Confined Three Months.
FINCH— NOT GUILTY .
Before Mr. Recorder.
THOMAS TINZAN (police-constable N 67.) On Saturday afternoon, the 19th of November, I was in Kingsland-road, and saw the prisoner in company with two others—I saw one of his companions pull this glass to the edge of the prosecutor's stall-board—the prisoner was then close behind him and took it and put it under him arm—I stopped him, and asked what he was going to do with it—he seemed confused, and made no reply—I took him to the shop.
Prisoner. He took it from the other boy. Witness. I took it from the prisoner—I took one boy first, but let him go to take the prisoner.
GUILTY . Aged 17.— Confined Six Months.
101. MARY BROWN was indicted for stealing on the 16th of November, 4 napkins, value 1s.; 1 sheet, value 2s.; 1 shift, value 1s.; 3 bed-curtains, value 4s.; 1 table-cloth, value 2s.; 1 pillow-case, value 1s.; 1 apron, value 6d.; 1 smelling-bottle, value 1s.; 1 pair of gloves, value 4d.; 1 pair of scissors, value 3d.; 1 handkerchief, value 6d.; and 1 night-gown, value 1s.; the goods of Beaumont Cole, her master.
ANN COLE . I am the wife of Beaumont Cole, who keeps the Blue Boar, Long-acre. The prisoner entered his service on the 7th of September—we did not miss these articles—on the 18th of November she complained that she had lost a shawl, and asked me to allow her to go and seek for it.—she went in the morning before I got up—we found these duplicates on her table before she came back, and the officer apprehended her at her sister's—these were all pawned at one place.
BEAUMONT COLE . On Friday, the 18th of November, the prisoner made an application on the subject of some supposed shawl that had been lost—I went in her absence, to her bed-room—I broke open the door, and found on the table of her bed-room nine or ten duplicates—we could not find the key of the room there—it was found on her person at the police-station—her box was opened in the officer's presence—it was not locked at all—there was a handkerchief, and napkins, and smelling-bottle found in her presence.
Cross-examined by MR. DOANE. Q. Was this in the box? A. It was in the band-box—I got some of these things out of pawn—I did not pawn them again in her name.
FREDERICK JOHN JOHNSON (police-constable F 50.) On the 18th of November I took the prisoner into custody, in a house in White Horse-yard, Drury-lane—I found on her this handkerchief, and the key of her door, and 2s. 4 1/2d.—I searched a band-box and a wooden box, pointed out by Cole—I found in them a smelling-bottle, a pair of silk gloves, a pair of scissors, a night-gown, a handkerchief, and napkin—I produce a number of other articles that had been pledged, and taken out, they were given me by Mr. Cole.
Here are some curtains and a table-cloth, which were pledged on the 28th of September by the prisoner—they were afterwards redeemed by a char-woman—Mr. Cole came and looked at them first.
Cross-examined. Q. Was it not part of her duty to give the linen out to wash? A. We have a woman calls every day, and it is put into a basket for her by the prisoner, who brings it down—I had not given her the bed-gown to be repaired—all that she would have to do would be to put it in the clothes-bag—I sent her twice to order shoes—I cannot say what money I might send—I might send a half-sovereign—when I send my servants for a pair of shoes, they in general bring three or four pairs, and leave a deposit, and then the money is brought back—I do not recollect ever giving the prisoner the smelling-bottle to take to my room—I laid it in the bar—I think I can swear I never gave it her to take to my room, because such a thing as that I should take up myself.
NOT GUILTY .
ROBERT BIRD . I live in Long Acre, and am a pawnbroker. I took in two handkerchiefs for 4s., on the 24th of October, 1836—here is another pledge, on the 11th of December, 1835, but not taken in by me—I am not certain it was the prisoner that I took them of.
FREDERICK JOHN JOHNSON . I produce two duplicates, which I found in the drawer in the prisoner's room—there was one bed in the room—the drawer had a white covering over it—there were seven duplicates there, and two of them were on the left-hand side of the table.
Prisoner. My tickets laid on the table, but there was no cloth on it.
BEAUMONT COLE . I was present when they were found in the second-floor front room—on the left-hand—that was occupied by the prisoner exclusively, and the key of it was found in her bosom—I think she slept there a month, and nobody else—she slept in one of the top rooms, and objected to that because there was no lock on the door, and then she came down to that room.
Prisoner. It is a lodging-house—the room was occupied by other lodgers as well as me—I slept there a few nights.
ELIZABETH MOSCROP . I am the wife of John Moscrop. These two silk handkerchiefs are mine—the prisoner was in my employ a from September, 1835, till last March—she left on the 9th—I missed a quantity of silk handkerchiefs—they were taken gradually—sometimes one, sometimes two—I can swear to these—they are marked with my name.
Prisoner's Defence.. It is all spite—she wanted me to go back to her service again, and I would not—I have got witnesses to prove that I wore them in her service, and had them since the July before I went there—one of them has my mark on it—there is no mark on the other.
MRS. MOSCROP re-examined. This has my mark on, which I can swear to—the other has the letter M.
CATHERINE BARRY . I have seen these handkerchiefs with the prisoner before she went to the Green Man to live—I saw them last summer twelve-months—I saw her wear them in another situation—I have often had them in my hand—there was M in the corner of one—the other was not marked in full—the letter was not finished—here it is.
COURT to ELIZABETH MOSCROP. Q. Will you tell the Jury why, having made a perfect mark in the ordinary way on this handkerchief, you afterwards made an M ill-done? A. No, not on the same handkerchief—I did this because I lost so many things—I put the mark on just after I bought it—some time after September—I had a dozen with the letter M, and lost ten—and I bought some more, and put an imperfect M on—I thought I should know it again.
DENNIS BARRY . These two handkerchiefs belong to the prisoner—I saw them in her possession last May twelvemonth—I saw her wear them before she went to the Green Man—I have seen her with this when I used to go to the Green Man to my breakfast, and before she went there—I think the prisoner went there last September twelvemonth—I saw her wear a handkerchief like this other, but of course I cannot swear to the marks—she is my sister-in-law.
GUILTY . Aged 28.— Transported for Seven Years.
Sixth Jury, before Mr. Recorder.
JAMES ROGERS (police-sergeant S I.) On the afternoon of the 16th of November I saw the two prisoners in Prebend-street, Camden Town, walking and conversing freely together—Ley had a bundle under his jacket—I went up to him, and said, "What have you got here?"—he said, "Nothing, Sir"—I said, "Do not say so"—I pulled his jacket on one side, and saw these things, which were wet—I said, "You have stolen these"—he said, "No, I picked them up close by"—Connor then ran away—I secured Ley, and a respectable man came out of his garden, I gave him Ley, and pursued Connor—I took them both—on the way to the station-house I said to Connor, "Where did you pick up the sheets?"—he said, "I do not know, but I could show you where we picked them up."
Ley. When he came up to me, I said I had got some wet linen, which I had found. Witness. No, he answered "Nothing."
SARAH BAXTER . I am the wife of Thomas Baxter, of Rundliffe-street. I know these three sheets—I had put them to wash—I would have had to have paid 2l. 15s. for them—I had put them in my drying-ground at the bottom of Great Rundliffe-street, about 150 yards from Prebend-street—I know nothing of the prisoners—they broke down one pale, and got through, and took these from the nearest line.
Ley. I was out of work some time, and picked them up by the road-side—I put them under my coat. Witness. It was not a very fine day—if the linen had been on the ground it would have been soiled, but these were soiled only by their hands in taking them from the line—I left them safe at a quarter past two o'clock, and a quarter before three a boy ran to me to go to the station-house, which I did.
Ley's Defence. I was walking about, and picked them up.
Connor's Defence. I was taking a walk with Ley, and saw these things
lying, and I said, "What are they?"—he went and looked, and said, "They are some sheets"—I told him to take them up, and put them under his coat, and he was stopped with them.
(Connor received a good character.)
LEY— GUILTY . Aged 16.— Transported for Seven Years.
CONNOR— GUILTY . Aged 14.
Confined Three Months, and Whipped.
MR. PRENDERGAST conducted the Prosecution.
WILLIAM HARRIS . I am a solicitor, and live in Stone-buildings. The prisoner was my clerk—I am agent to Mr. Bishop, of Exeter—the prisoner was authorized to receive money due to me or Mr. Bishop, and pay it to me at the time, or else the same evening, and to send to me at the same time an account of all business done, and a part of that would be the money he had received and paid—he had a general authority for receiving money—on the 16th of March he gave me no account of the sum of 2l. 1s. 7d.—nor did he mention the transaction—on the 2nd of August he gave me no account of any sums of money received from Messrs Clark and Metcalf—nor any account of 3l. 16s.—or 4l. 0s. 6d. received of them on Mr. Bishop's account—I discharged him on the 2nd of November, this year—up to that time he had made no statement at all of these sums—I knew nothing about the receipt of them at that time—I have an account of them in the prisoner's hand-writing, given to me since—neither of these three sums have ever been paid me—I am the general agent of Mr. Bishop—I transact all his business—I receive money for him, and pay it—this paper was given me by Mr. Homerton, who recommended the prisoner to me as clerk—and there I find the prisoner had received several other sums, independent of these—Mr. Force was a clerk to Mr. Bishop, and he had been a clerk to me in January last—he was employed as my clerk, to collect accounts due to Mr. Bishop—the prisoner had no authority to receive these sums of money from any one but me—Mr. Bishop delivered me a book, which contains these sums, authorizing me to receive them—I had the list from him—there were two sums of Clerk and Metcalf, of 3l. 16s. and 4l. 0s. 6d.—they were due to Mr. Bishop—the prisoner had access to that book, which was delivered to me by Mr. Bishop himself.
JURY Q. Did the prisoner render you an account of money received in May and August? A. Yes, and that account was checked every night by myself, and the balance paid over to me, whatever it was—the items in this indictment were never brought to account.
Cross-examined by MR. PHILLIPS. Q. Then Mr. Force had no authority from Mr. Bishop to receive money, he was merely your clerk? A. No, except that Mr. Bishop said, "As Force is here, I hope you will let him have a couple of hours a day to receive them"—Force is no here—he had no authority to collect for Mr. Bishop on his own account—I should not have allowed it—Mr. Moon is a clerk of mine still—he told me he was subpœnaed, and of course I told him to come—on the 2nd of November I discharged the prisoner, because I found that he had received 20l. of a client—I did not tell him to come on the Saturday—he said he would come, and I acquiesced in it—I had no objection—this list was sent in before I discovered the deficiency in this indictment—on the evening of the day after he left me, or on the 4th, I am not sure, the 2nd was on Wednesday—I
believe it was sent in before the Saturday on which he was to call—he did not call—I never saw him till he was apprehended—I took a receipt for the salary I would him on the 2nd, that was 1l. 2s. 6d., but did not pay him—I desired him to give me the receipt, that I might retain it on account of 2l. I had lent him some time before, and part of which was due to me; and as he left me on the Tuesday I thought it was better to take as acknowledgment from him—the receipt was for the wages—I did not owe him any wages, they were due on the Saturday, and leaving me as he did I considered he was not entitled to any—this is the receipt—1l. 2s. 6d. was the salary for that week—I owned him no money on the 2nd of November—I never told him I would not prosecute—Mr. Force did not act as authorized by Mr. Bishop to receive his money—he is living at Exeter—Moon sat in the same room as the prisoner—Force never received accounts for Mr. Bishop which he was not obliged to account to me for—I never asked for any bill of exchange of the prisoner, nor authorized any body to ask it—I gave him 1l. 2s. 6d. a week—I was under no engagement, but I have occasionally given him cast-off clothes—I cannot say whether any person while Force was in the office, came and paid any of Bishop's debts to Force, and the prisoner—I did not allow Force any salary—he was an articled clerk—I had this book from Mr. Bishop himself, to receive the sums—this letter was delivered to me by him to receive the sum of 12s. 9d.—I had a letter to receive every sum in this book—I cannot show any authority to receive the sums mentioned in the indictment, because the prisoner has taken those letters, and called on the persons for the sums—I have had those letters withdrawn from my drawer, to which the prisoner had access—the parties would not have paid without some authority—the prisoner never to my knowledge paid any sums of money collected by him, to Force for Bishop, when Force was in the office—Force left in January last—this letter is an authority—there is no signature to it, but he had so many to collect (reads.) "Sir,—Above I send you the Under Sheriff's charges, which I will thank you to pay to Mr. William Harris, 5 Stone-buildings Lincolns Inn, as the delay in payment of these small bills occasions great inconvenience, your early attention will oblige,—Sir, your most obedient servant"—I received in each case in which I was to obtain money for Bishop, a special authority from him—I have asked the clerk of Metcalf and Clark whether he had any letter corresponding with the one I put in—the prisoner paid no money to Force by my desire or to my knowledge—Force has paid me no money on account of Mr. Bishop—I know he has received money for him—that was when he was in my office—he accounted to me for it, but did not pay it to me.
MR. PRENDERGAST. Q. When was this book given to you by Bishop? A. Some time at the latter end of January—I believe most of these items are Force's—this was put into my hands by Bishop—since that no other person has received authority to receive sums for Bishop, but myself—when I receive a debt, I go with this in my hand, to show I am the regular agent of Mr. Bishop—I show no authority—I have a general authority.
COURT. Q. You say Mr. Bishop placed in your hands this book and these letters? A. Yes, with an understanding to receive them, and an pursuance of that I have from time to time received or collected these sums by my clerks—if a person came to pay a sum of money I should receive it without a particular authority—Force left me about the end of January; the book I think is in the hand-writing of
Force, and part of this letter I think is Mr. Bishop's—the writing looks like it.
SAMUEL CULVERWELL . I am a clerk in the office of the legacy duty. I paid the sum of 2l. 1s. 7d. on account of Mr. Bishop, to a clerk in Mr. Harris's office—he gave me a receipt which I have in my hand—I paid it to the person who wrote it—I received general dierections in a letter from Mr. Bishop to pay it to Mr. Harris, which I did on the 16th of March.
COURT. Q. By paying Mr. Harris's clerk, did you intend to pay Harris on account of Bishop? A. I did, and it was signed by the person I paid it to.
JOHN HENRY WRIGHT . I am clerk to Messrs. Clark and Metcalf solicitors, of Lincoln's Inn-fields. The prisoner came on the 6th of July—to the best of my recollection that was his first application—he called for two sums, 4l. 0s. 6d. and 3l. 16s., due to Mr. Bishop, of Exeter—he said he applied for Mr. Harris of Stone-buildings—I did not pay him on that day as I had no instructions—he called two or three times between that and the 2nd of August—on the 2nd of August I paid the money to the prisoner—for both sums—I have his receipts, written in my presence by him—I know his person.
Cross-examined. Q. Were these words "Mr. Harris, 5, Stone-buildings," on the paper, when he put his name to it? A. They were—last November twelvemonth that account was handed to me by Mr. Force—I had no orders to pay him—Force stated he was then staying at Mr. Harris's, Stone-building, and I put the name in the corner to refresh my memory.
MR. PHILLIPS to WILLIAM HARRIS. Q. Whose hand-writing is this? A. Mr. Bishop's (reads) "Above I send you my charges, which I will thank you to pay to Mr. Edwin Force, the bearer hereof. For your obedient servant, W.R. Bishop."
MR. WRIGHT re-examined. This was first presented in the month of November, 1835, and I did not like to pay till I wrote to our clients—we did not question the charge, we only wanted our clients' authority to pay it—I put Mr. Harris, Stone-buildings, on it when it was delivered—we were to pay it to Mr. Force while he was in town, but we afterwards paid it to the prisoner.
COURT. Q. In consequence of your clients' letter, was you prepared to pay Harris? A. Yes—these accounts were due from Clark and Metcalf to Bishop, as agents for Mr. Coleman of Birmingham, an attorney; and, in consequence of the letter I received, I was prepared to pay Harris the money, considering him the agent of Bishop.
(MR. PHILLIPS addressed the jury, stating that the prisoner had received these sums as the agent of Mr. Force, who was the agent of Mr. Bishop.)
WILLIAM MOON . I am clerk to the prosecutor. I remember Mr. Force coming to town the beginning of October, 1835—he brought some bills—they were items of debts due to Mr. Bishop—I recollect his giving them to the prisoner about the time when he first came there—he told the prisoner to collect the money for him, as he did not know any thing about town—he was to allow him one per cent—I am not aware that I heard
him say that, but he did allow it him—I myself never received any of these debts—on Force's leaving town, the prisoner accounted to him for money he had received, and I believe he pad him 10s. for what he had received—he collected about 50l.—on Force's leaving town he made up the books—I often saw the prisoner pay Force money—nothing was said that I recollect, but I know the money had been received by him.
COURT. Q. Force made up his book, and you afterwards saw the prisoner pay Force money, and took it for granted it was on account of Bishop? A. Yes.
MR. PRENDERGAST. Q. When did Force leave town? A. On the 22nd of January—I do not know of the prisoner or Force acting as agents from that time—I have seen Mr. Bishop in our office—Mr. Harris acts as his agent—this book was in Mr. Harris's possession lately—Force had a book something like this, but I do not know whether it is this—it was kept in Mr. Harris's drawer—I have seen it there four months and more—it was kept there in August I think.
MR. PHILLIPS. Q. Do you remember Force coming to town since August? A. Yes, I have seen them together—I heard nothing about Mr. January last—I have seen them together—I heard nothing about Mr. Bishop.
MR. PRENDERGAST. Q. Did you make a copy of that book by Mr. Harris's order? A. Yes, nearly five months ago—it was then in his possession—the copy I made was then given to Bishop.
(Mr. Sweet, a pork-butcher, Upper-marsh, Lambeth; James Buckley, tailor, Great Waterloo-street; William Church Salmon, coppersmith, Waterloo-road; Mr. Wall, engineer, Waterloo-road; and Matthew Hawthorn, a publican of Russell-court, gave the prisoner a good character.)
Prisoner. Mr. Harris, suspecting I received these sums, stopped my wages, and he has an I O U for money borrowed of him—you will see I paid 1l. 9s. out of it, and he stopped the receipt of my salary thinking I had taken these two sums; and he likewise said if I had; received them, if I would get my friends to come forward and make up the money I was welcome to do it—Mr. Harris never received a sixpence of the money that Force received, nor of the sums in that book—Mr. Force gave me instructions to receive them.
GUILTY. Aged 23.—Recommended to mercy by the Jury .
Transported for Seven Years.
OLD COURT.—Monday, December 5th, 1836.
First Jury, before Mr. Recorder.
105. MARY ANN THORPE was indicted for stealing, on the 16th of November, 3 blankets, value 20s.; 1 counterpane, value 9s.; 1 gown, value 4s.; 1 sheet, value 1s.; 4 sheets, value 10s.; 4 night-grown, value 2s.; 2 pinafores, value 1s.; and 1 pillow, value 3s.; the goods of Thomas Parry, her master.
FRANCES PARRY . I am the wife of Thomas Parry, a boot and shoemaker, in Rupert-street, Haymarket. The prisoner came into our service on the 11th of November, at night—on the morning of the 16th, she came to my bed-room and asked for the key of the kitchen—on getting up, I found her gone, and missed the articles stated—about three days after, she
was brought to us by a policeman—I took her without a character—I was to have gone to Hammersmith for it, but had not time—she said she had lived there fourteen months.
JAMES BROOKS (police-constable L 118.) I was on duty in Tower-street, Westminster, on the 19th of November, and met the prisoner walking the street—she asked me for the Westminster-road—I said she was going away from it, and asked where she was going?—she said she did not know; that she had been brought over there, and seduced by a gentleman, and had no place to go to—I took her to the station-house—she said her father lived in Holles-street, Cavendish-square—I found seventeen duplicates on her—the name of "Thorpe, No. 4, Phoenix-street" was on some of them—I went to a place and found the prisoner's mother, who gave me information of this robbery—I told the prisoner of it when I returned—in consequence of what the prisoner told me, I went and got some articles from Mrs. Ferry, at the Leg Coffee-house, Leg-alley—she was not bound over—she gave me two children's pinafores, three children's shifts, a man's shirt, a pillow, and other things—when I brought them, the prisoner said these were the things she had left there.
ROBERT BATKIN . I am shopman to Page and Co., pawnbrokers, Long-acre. I produce three blankets and a shirt pawned by the prisoner, on the 16th of November, for 7s., in the name of "Ann Thorpe"—the duplicate given for them is here.
JOHN EDWARD NEEDS . I am shopman to Mr. Chaffers, of Greek-street, Soho. I produce a counterpane which, to the best of my belief, was pawned by the prisoner, in the name of "Ann Thorpe"—the counterpart of the duplicate is here.
(Property produced and sworn to.)
GUILTY . Aged 17.— Transported for Seven Years.
JAMES PALMER . I keep a snuff-shop, in Constable-row, Mile-end-road. I saw the prisoner leave my shop on Sunday morning the 27th of November—I open shop till church time—I overtook him in Mile-end-road, and gave him into custody—as we brought him towards the station-house the took a snuff-box out of his pocket, which I had lost the day before—he said he had no other, but on getting further he produced one which he had taken that morning, and said he would rather pay for it than be taken to the station-house—I refused, and he threw a shilling down into the mud—this is the box—I had seen it safe not a minute before.
Prisoner. I took the big box, but the other two I know nothing about—the young man who was with me said he had got but that tin one—it was between eleven and twelve o'clock when he served me with the tobacco, in church time. Witness. Neither of them were sold at all.
THOMAS COOKE . I am a policeman. I took charge of the prisoner on the 27th of November—he produced one box—the prosecutor said, "This is mine, but not what you took his morning"—he at last produced this one, and offered 1s. for it, and threw it into the mud—another box afterwards dropped from under his coat, which the prosecutor claimed—this was at half-past eight o'clock in the morning—he was quite sober.
GUILTY . Aged 19.— Confined Six Months.
Before Mr. Justice Vaughan.
107. JAMES STEBBINGS and WILLIAM SARLES were indicted for stealing, on the 11th of November, at St. George, 1 gelding, value 20l.; 1 set of harness, value 3l.; 1 cart, value 15l.; 15 casks, value 4s.; and 1400lbs. weight of butter, value 70l.; the goods of Thomson Webb: and JOHN COXSON , for feloniously receiving 1 cask and 92lbs. weight of butter, part of the said goods, well knowing them to have been stolen; against the Statute, &c.
MESSRS. BODKIN and BALLANTINE conducted the Prosecution.
THOMSON WEBB . I am a cheesemonger, and live in Tottenham-court-road. Just before the 11th of November I bought twenty-five quarter-casks of Mecklenburgh keel butter, at Brewer's Quay—on Friday the 11th of November I sent Peacock to fetch fifteen casks of it from the Caledonian, which laid at Brewer's Quay—I saw nothing of it afterwards.
WILLIAM PEACOCK . I am carman to Mr. Webb. On Friday the 11th of November I went to Brewer's Quay, and received the butter—three casks were on the copse, and twelve in the body of the cart—I drove towards Billingsgate, which is two or three minutes' walk from Brewer's Quay—I got there between two and three o'clock in the afternoon—a man then came up, and said something to me; in consequence of which I was induced to go back to Brewer's Quay—I backed my horse and cart into Billingsgate, and left in there—I was not gone above two or three minutes, and when I returned the horse and cart were gone—I found nothing at the Quay to detain me—I saw nothing of the horse and cart till next day, and then it had no butter in it.
Cross-examined by MR. DOANE. Q. At what time did you return and find the horse and cart gone? A. I was not gone above three minutes—I left my master's at half-past twelve o'clock, and missed it between two and three o'clock.
MR. BODKIN. Q. Are you speaking from recollection? A. I did not look at any clock.
JAMES COOK . I am a police-sergeant. I apprehended the prisoner Sarles on Thursday the 17th of November, and tod him it was on suspicion of driving a stolen horse and cart down the Back-road to Sun Tavernfields—he said he did not—I took him on the road which leads to Sun Tavern-fields, in a direction to the station-house—we had to pass through a toll-gate the toll-collector was there, and he immediately said, "This is the lad who drove the horse and cart through"—Sarles then said, "I did drive it down by order of my master"—I asked him if he worked for Stebbings? and he said, "Yes"—he said Stebbings, his master, and another man, met him at Sun Tavern-fields with a van, and they drove it into the open space of ground, into an open field, and there his master (Stebbings)and another man unloaded the butter into the van: that they left the horse and cart in the open field, and proceeded back with the van to Cable-street, with the tubs in it—I did not ask him what time it was—he said he did not drive the van book.
Cross-examined by MR. CLARKSON. Q. How far is Sun Tavern-fields from Brewer's Quay? A. About a mile, I should think—it might be a
trifle more—I should not think it is a mile and a half—I could walk it very easily in twenty minutes—it may be a mile and a quarter.
CHARLES JOHN JONES . I was collector of tolls at the New-road gate, near Cable-street. I know Stebbings's house in Cable-street, which is in the same line as Rosemary-lane—it is about five or six hundred yards from my gate, or rather more—a person driving from Stebbing's shop to Sun Tavern-fields would have to pass through my gate—I know Sarles—he drove a horse and cart through the gate about six o'clock that evening—I did not look at the clock, but it was about the time the policeman were coming on evening duty—the cart had three firkins on the top of the copse, like butter, and the body of the cart was full of the same casks, about three in a row—I am certain he is the person who was driving it—there was another man with him, who stayed and paid the toll—I have not seen that man since.
JOHN BURROWS . I am a policeman. I know all the prisoners—I believe Sarles to be in Stebbings' employ—I have seen him frequently in the lane, for the last month, and have seen him many times in Stebbings' shop, in Cable-street, at work—he keeps a sheep's-head shop—I saw him there within two or three days of the robbery—on the evening in question, I saw him close to the New-road turnpike-gate, about six o'clock, or from that to twelve minutes after six o'clock—he was walking alongside a horse and cart, driving it—there were casks in the cart—he was going towards Sun Tavern-fields.
HENRY WILLIAMS . I am fourteen years old, and am in the employ of Mr. Potter, who keeps a van, up the horse-ride in Wellclose-square. Stebbings keeps a horse up the same ride—he came there on Friday, the 11th of November, between three and four o'clock in the afternoon—two men were with him—I do not know who they were—one had a green coat, and the other a fustian dress, like a carman—I know it was between three and four o'clock, because my master went to Chelsea along with some soldiers, with a horse and cart, along a quarter to one o'clock, and he told me I might go home for three hours—I know the time by that—it was two hours and a half, or three hours, after master went out—I had been up the ride about two minutes before they came—I did not look at any clock—Stebbings wrenched the padlock off the stable door where his own horse was kept—Mr. Potter's van is kept in a different place—Stebbings said to me, "Mr. Potter is a long time gone to Chelsea"—I said, "Yes, he is a long time"—he said, "I want your cart now, I suppose I can't have it?"—he said to the other two men, "Will a van do?"—they said, "Yes, that will do; let us have it"—he opened the gate, and drew the van out—they harnessed the horse in a great hurry, and made a mistake by putting the breeching on where the reach-chain goes on the horse—the man in the green coat said to the other two, "D—it all, make haste" the man in the green coat jumped up into the van, and laid hold of the reins—I said, "There is no whip at home, Mr. Stebbings, for master has got it out"—Stebbings said, "Let us have a whip"—I gave him an old one of master's—a stick with a piece of leather fastened to it—he handed it up to the man in the green coat, and the van then drove off—Stebbings walked alongside the man in the fustian dress, on the pavement, by the side of the van, and the man in the green coat drove.
Cross-examined by MR. CLARKSON. Q. You have been examined befor the Magistrate? A. Yes—I saw Stebbings walk as far as Gracers-alley, with the other man—that is about 100 yards, I believe—it is the
next alley to the horse-ride—the man who got into the cart drove off as hard as he could drive—Gracer's-alley would be in Stebbings' way home.
MR. BODKIN. Q. What sort of a horse was it? A. He drove it as fast as the old mare could go, which was not very fast—it was just on the trot—Stebbings was walking on the pavement, even with the van—I turned back to go home, and saw no more.
JOHN POTTER . I am carman, and live in Chapman-street, St. George's. On Friday, the 11th of November, I went to Chelsea to fetch some men's things—I left Williams at home—I had a van in my cart-house—I left the stable about one o'clock—the van was there then—I returned about seven o'clock in the evening—the prisoner Stebbings' horse was out then, and I found the van gone—Stebbings returned with it about eight o'clock, and his horse was in it—I saw him come along—he said he had been doing a 3s. job, and a very hard one, that he gave the man 6d. out of it—he was alone.
Cross-examined by. MR. CLARKSON. Q. Does he not let out a horse and cart now and then? A. He had the use of my cart—not the van—he kept a horse of his own to fetch his things from market—he had paid part of the money for repairing the shaft of my cart.
MR. BODKIN. Q. What is he by business? A. He keeps a sheep's-head shop, and sells greens and things—I have known Sarles for years—he was living with Stebbings at the time this happened, because he had left his former place at Mr. Ive's—Stebbing's had paid 12s. 6d. to the Wheelwright to repair the cart, and I allowed him to work it out—that was the cart, not the van—he was not in the habit of using the van—he never lent the cart out, to my knowledge.
MR. CLARKSON. Q. When he said he had been doing a 3s. job, did he tell you to keep it secret? A. No, he did not—he said he had used my van—he took it out once before in the dark, and said he had had a balk job.
ANN WEATHERFIELD . I live in Upper Chapman-street, St. George's East. I know Cable-street, and the clock-house there—Rosemary-lane is all in the same line—on Friday evening, the 11th of November, I was near the clock-house with Mr. Potter's little girl—the prisoner Coxson keeps a buttershop a little distance from the clock-house, on the opposite side of the way—while I was standing there I saw Mr. Potter's van standing nearly opposite, it was three or four, or five or six doors from Coxson's—I cannot say the time, it might be about six o'clock, or a little after—there were butter firkins in the van—it was fuller on the right-hand side than the left—it was covered over with matting at the top—I saw Stebbings on the opposite side by the door of the public-house—at first he was on the left-hand side of the pavement—that is the same side as the public-house and the opposite side to Coxson's—he then crossed over, and went to the door of the public-house—he had not to pass Coxson's door to go to the public-house—Coxson's door is near to the public-house—I cannot say how near—it is on a slant—I never saw Stebbings on Coxson's side at all—he was standing on the curb, and he went to the furthest door of the public-house—from one door to the other—I walked on, and did not see any more—he was standing still when I saw him—I did not notice anybody with the van—I did not stay there above two or three minutes—I went on, leaving the van there, and him too.
Cross-examined by. MR. CLARKSON. Q. Though you crossed over to look at the van, you went on directly, and did not stop? A. No—whether
there were any persons in Coxson's house, or with the van, I do not know.
MARY POTTER . I was going with Weatherfield on Friday evening, about ten minutes to six o'clock, for some dripping, and saw my father's van—I know it to be his—it was about six doors from Coxson's shop—Stebbings was with the van—he was standing on the left-hand side of it when I first saw him—on the left-hand side of the street, which is Coxson's side—he was close to the van, and reaching up, but I do not know what he was doing—Weatherfield remained with me the whole time—I do not know whether she noticed it—she might not have noticed that—he put his hand into the van, and touched the butter firkin, but I do not know what he did not it.
Cross-examined by MR. CLARKSON. Q. You were not before the Justice? A. No—I was told on Tuesday that I was to be a witness—I went to the Thames Police, but I was not examined—only two or three words—they did not asked me much—I was not sworn—I did not say I saw Stebbings with the van near Coxson's—they only asked me two or three questions—I heard Weatherfield examined, and heard her say she only saw him on the other side.
GEORGE ELLIS . I am a Thames police-officer. After receiving information of this robbery I went on Monday, the 14th of November, to Stebbings' house, in Cable-street, with the prosecutor and Mr. Sayre—I found him at home, and asked him if he had not lent his van out on the Friday previous—he said he had—I asked him to whom—he said to a stranger—I asked what time it was let out—he said about four o'clock—I asked what time he returned—he said about eight—I asked when he was paid for the hire of the van—he said the man paid him when he brought the van home, at eight o'clock—I asked who got the van ready—he said he assisted—I said, "Then you will be able to give me some description of the person who hired the van?"—he said he was dressed something like a carter—I said, "Why, you seem to have had a good deal to do with him; you can give me a bettter description?"—he then said he had been in his company once or twice in a public-house—I then said, "Why, I understand your van stood some considerable time in Wellclose-square?"—he said, "It stands up the ride there"—I then took him into custody, and told him it was on suspicion of being concerned in taking the butter away—I do not know that I told him who I was—after taking him away I went to the ride where the van was, in Wellclose-square—I found a van there, with the name of "John Potter" on it—I examined the floor of the van, and found the distinct marks of fifteen tubs on it, in three rows, five in each row—they appeared to be all of the same size—we measured them—Mr. Sayre and Mr. Webb measured some casks afterwards—I should think a person might run from Brewer's Quay to the ride in ten minutes—it is about half a mile—on Thursday, the 17th, I went with Mr. Sayre and Mr. Webb to Coxson's house, on the other side of the way—it is not directly opposite—there is a public-house opposite, and the clock-house itself is a public-house—Coxson keeps a chandler's shop, and sells butter—I found him behind the counter—I told him there had been butter lost, and I had come with a search-warrant to search his house—he told me he knew nothing about it, I was very welcome to search—I directed Mr. Webb and Mr. Sayre to look round the shop at the butter—Webb looked at a firkin which stood at the door, tried it, and said, "This is precisely the same quality of butter as I have lost—I was then standing behind the counter with
Coxson, and behind me I took a lid off a keg which was full of butter—Webb and Sayre tried it, and said it was precisely the same quality as the other—we found other butter in the shop, but not of that description—there was not a large quantity there—I then asked Coxson who he purchased that butter of?—he said of Harben and Larkin, Whitechapel—I asked him if he had a bill of parcels of it—he said he had, but did not know where to find it then—I said I was in no hurry, if I waited till six o'clock in the evening—he then said, "To be blunt with you, I shall answer you no more questions"—I searched his house, but found nothing else—I then took him into custody, and took charge of the butter, which I have here.
COURT. Q. Then there are only two casks which they challenge as being the same quality? A. No—there were only two or three other casks, I believe, but they were Dutch butter, as I am given to understand—there are a great many other butter-shops in the same street—the nearest butter-shop to his is within a very few yards, I think, and there is one nearly opposite.
Cross-examined by MR. CLARKSON. Q. Did you say a word before the Magistrate about Stebbings saying he had been in the man's company to whom he let the van? A. My words before the Magistrate were, that he had been in his company once or twice at a public-house—my deposition was read over to me before I signed it—I cannot say whether those words were read over to me—I cannot exactly charge my memory—the floor of the van is wood, and was very dirty and wet.
Cross-examined by MR. DOANE. Q. Where was the butter Mr. Webb claimed? A. The firkin stood at the shop door—it was not a cask—it stood close to the open door—I had every facility afforded me in searching the house—I told Coxson to overhaul all his papers before he told me he should not answer any more questions—I have seen him in his business there for about two years—I never heard any harm of him—I understand he has been there eight or ten years—I should think there are half-a-dozen butter-shops opposite his.
COURT. Q. How close is the nearest butter-shop to his house? A. I think his mother-in-law keeps a shop of the same description, within a door or two of him—he does not manage her business.
JOHN SAYRE . I am a cheesemonger, and live at No. 79, Shadwell. On Monday morning I went to Stebbings' house with Ellis and Mr. Webb—I saw Stebbings before they did, and asked him if he could let me a horse and van on hire—he said he could—he said, "What sort of goods do you want to convey, household or other sort of goods?"—I said that was immaterial; I wished to ask if he had let his horse and van on the Friday previous—he said he had—I said, "To whom?"—he said he did not know—I said, "What sort of description was the man?"—he said, "Rather a stout man"—I said, "Was he fair or dark?"—he said he did not know, for he was a perfect stranger—I said, "Of course if you did not know the person you let the van to, you sent some of your servants what it?"—he said he did not—I immediately went out and fetched Mr. Webb and Ellis—Ellis said it was strange he should let his horse to a stranger—he said he had known the man—after some talking together, he said he had known the man by seeing him in public-houses—he did not say how often, in my hearing—I afterwards went and examined the van—I had seen part of the casks the prosecutor had purchased, at his own residence—I saw the floor of the van, and observed fifteen distinct marks of the bottoms of casks—I measured the diameter of the marks, and found
they corresponded with one of the casks which I had at home, with some of the same description of butter which I had bought, and which came out of the same ship—I gave Mr. Webb the measurement of the rings in the van—I went to Coxson's house on the Thursday following, in company with Ellis, and saw some better—there was Leer firkin standing at the door—I examined it, and found the butter quite a different quality to Leer butter, and difficulty packed—Leer is on the borders of Prussia—I found it was Mecklenburgh butter in a Leer cask—behind the counter there was a Sligo Keg of Mecklenburgh butter—it was precisely the same sort as that in the Leer firkin—I weighed it afterwards, and the two together made within 2lbs. or 3lbs. of one cask—I asked Coxson where he had bought the butter—he said, the fact was he should not answer that question—I asked him if he had a bill of parcels—he said he could not find it—I said, "Of course you have bought it recently—you will tell me where you bought it?"—he did not answer me; but Ellis put the question, and he said he bought it of Harben and Larkin.
COURT. Q. Do I understand you, the quantity found in both the keg and cask together would make within 2lbs. or 3lbs. of one Mecklenburgh cask? A. Yes, the keg was nearly full—he was pressed to show the bill of parcels, and he said he could not find it—Ellis said he would wait—he then said, "To be blunt, I shall not answer your questions"—it is very unusual to re-pack butter to retail it.
Cross-examined by MR. DOANE. Q. Did you and Ellis and Webb go into the house at the same time? A. Yes—I heard Ellis question him, but did not hear all he asked—Ellis went in first, I followed after him, but not immediately—I was desired to stand near the door—Coxson said, "You may search my premises"—that was after I had questioned him—he gave Ellis a candle to search—he said repeatedly, he should not answer any more questions—I have been in the butter-trade, twenty-four or twenty-five years—I had no interest in this butter—it never belonged to me—Leer butter is a very different flavour to Mecklenburgh—I have never said it was similar—Leer is much coarser, and 2d. per lb. less—there is a very large quantity of Mecklenburgh butter imported to this country—I found no other Mecklenburgh butter in the shop—I found a keg of Dutch butter more than half used—I did not speak to Coxson before Ellis did—when I spoke to him, Ellis was standing by the counter by him—(looking at the butter)—there is an appearance of this butter having been re-packed—it wastes in re-packing, and will never show the same—we can always tell when it has been re-packed—the firkin stood at the door with the head on it, and the keg behind the counter had a head over it—it did not appear to have been touched after being re-packed.
WILLIAM LARKIN . I am a wholesale cheesemonger, in partnership with Harben and son, in High-street, Whitechapel. I have been thirty years in the trade—Coxson dealt with us—on the 24th of October he bought a firkin, and keg, of Leer butter of us—I did not sell him any Mecklenburgh—the butter produced, I think, is German or Danish, it is not Leer—I am not a sufficient judge to say whether it is Mecklenburgh—it has been re-packed—it is not Sligo butter—it is not the butter I sold him—I do not think I have sold him any Mecklenburgh for the last twelve months—there is not a considerable resemblance between Leer and Mecklenburgh, but when butter is crushed, and put down in that state, it is impossible to tell—I am persuaded it is not the butter I sold him.
Cross-examined by MR. DOANE. Q. You cannot swear this is Mecklenburgh butter? A. It would not keep for twelve months—I have not sold
him any to my recollection—it comes in larger packaged than he generally buys—there is no similarly between Leer and Mecklenburgh, when in the original packaged, but when crushed in this way it is impossible to tell, in my opinion—I should say this is foreign butter—it is not Irish, nor yet Leer—it is a higher colour than Leer generally is, but the colour will be affected by re-packing—this butter is about the same quantity as that I sold him about four weeks ago—I had dealt with him seven years, I should say—he always paid ready money—his character had been perfectly good with our house.
JURY. Q. What proof have you, that is is not the butter you sold him? A. It is not the firkin—my butter was solid when it went to him—this has been taken out of the cask and crushed—I cannot tell the exact quantity I sold him.
MR. DOANE. Q. From the appearance of the butter, can you undertake to say the two parcels are the same description of butter? A. I should say they are.
THOMAS WEBB re-examined. I bought more of this butter than the quantity in the cart—Mr. Sayre gave me the measure of the prints at he bottom of the van—I compared that with the remaining casks at Brewer's Quay, and they correspond—five were left behind, and I had sent five away before—I tasted it before I bought it, and have tasted this—I have been in the trade about sixteen years—I consider this Mecklenburgh-keel butter, such as I bought and tasted—I can distinguish between Leer and Mecklenburgh—this is Mecklenburgh, according to my opinion—I sell it retail—I never knew butter unpacked and re-packed in the trade—it is highly injurious to the butter—the value of the property I lost is 70l. and upwards—I found my horse and cart afterwards.
MR. DOANE. Q. Have you any partner? A. No—I brought twenty-five casks, and my brother-in-law bought some.
Sarles' defence. I live with Mr. Stebbings as servant.
(William Mann, cheesemonger, 13, Cable-street; Thomas Weale, corn-dealer, Rosemary-lane; William Rogers, butcher, Cable-street; Samuel Dyer, confectioner, Thames-street; and Peter Ives, butcher, Rosemary-lane; deposed to the prisoner Stebbings' good character.)
STEBBINGS— GUILTY . Aged 25.
SARLES— GUILTY . Aged 17.
Transported for Life.
(Sarles recommended to mercy by the Prosecutor.)
COXSON— NOT GUILTY .
Before Mr. Justice Vaughan.
108. ELLEN MARTIN and ELIZABETH LANNAN were indicted for stealing, on the 23rd of November, at St. Paul, Shadwell, 1 watch, value 3l.; 1 guard-chain, value 2s. 6d.; 1 key, value 2d.; 13 sovereigns, 2 half-sovereigns, 2 half-crowns, and 9 shillings; the goods and monies of William Caithness, in the dwelling-house of Timothy Neal.
trowsers-pocket, and about 18s. in silver in my left—I folded my trowsers up and put them under my pillow with the watch—Lannan was also in the room when I went to bed—I went to sleep, and awoke very shortly after—I felt for my watch and missed it—I got up, and inquired of Martin for my watch—she said she had never seen it, and knew nothing of it—I told her to give it to me, she did not—I heard it ticking—I put my hands to her bosom and there found it, and the guard with it—the gold and silver were gone from my trowsers—there were only two half-sovereigns left—I afterwards saw Martin searched by a policeman—she bit his fingers and kicked him, and told him she had only 2s. which I had given to her.
Lannan. He asked for the watch, and this woman found it under the head of the pillow, she said, "I have got it, I was only having a lark," and gave it to him.
SARAH NEAL . About nine o'clock the prosecutor and a young woman came and asked for a private apartment—he asked the young woman if she would have any thing to drink—she said she did not care what is was—he pulled out a crown, and told me to get some brandy, or what I thought proper—I brought half a pint of rum, and 4s. 2d. change—I showed them up to bed, and left them there—he gave me 2s. for the apartment, and gave Martin 2s., and said in the morning he would make her a present—I returned down stairs, and after a while she said she wanted to see a friend—the youngman was very comfortable, at the same time very tipsy—Martin returned and went up stairs again, and in a short time there was a dispute between them, and Lannan came and knocked at the door, and said she wished to see Martin—she told her to come up stairs, as she wanted her—there was a dispute, and after a little while the prosecutor said he had lost his watch—I said to Martin, "If you have his watch give it him"—she said, "I have it in my bosom, here it is;" and drew it out, holding it with the guard in her hand—she said, "I do not want to rob you of it, you shall have it when I think proper," and put it into her bosom again—he snatched it out in a great passion, and put the guard round his neck—I went down stairs, and he said he had lost money—I asked if she had seen any, she said, "No, she had not"—there was a dispute, and I called a policeman in—Lannan used to wash and mangle for me at one time—she was up stairs with a friend.
TIMOTHY CASEY . I am a policeman. I was called in between eleven and twelve o'clock at night, to Neal's house in Blue-gate-place, Shadwell—I went up stairs, and asked what was the matter?—both the prisoners were in the room, and said, "This rascal says he is robed, and he had nothing to be robbed of"—he said, "I have been robbed, and have found part of my property"—he produced the watch to me, and said, "I found it on this woman, and I am confident she has the remainder also—I have been robbed of 15l. 18s."—on opening his purse he found two half-sovereigns left—I desired Martin to give up the money—she said she had no money—I insisted on searching her—she insisted on going to the station-house to be searched, and would not allow me to search her—I said I should search her before she left the spot—I took hold of her, and she produced 2s. 2d., which she said he gave her, and said she had no more money—when I laid hold of her to search her she got hold of me, and bit my hand and finger, and gave me a severe kick—I found in her bosom, with the prosecutor's help, three sovereigns, a half sovereign, five shillings, and a penny—she went quietly to the station-house with me, and on her way, she said, the devil help her, for if she had known what she did before, I
should have had none of it—I found nothing on Lannan, but being in the room, I thought it right to take her also.
HENRY THOMAS DALLEY . I am a policeman. The prisoners were brought to the station-house, before me, at twelve o'clock at night—I had them searched, but nothing was found on either of them—Martin said, the money found was not the prosecutor; s, but what she had had from another man—in about five minutes after, she said she had had 30s. of it given to her by a coal-heaver she was going to live with—10s. from another, and 15s. from a third—she called the prosecutor a bad name, and said, if she had known he had so much money, she would have had the whole of it, if it had been 20l.—that it was not his 2s. that would pay her, and afterwards she said that she had taken the watch out of a lark, and he could not swear to the money—the other money has not been found—I have not brought the money with me—I came off in a hurry this morning, and forgot it—it is three sovereigns and a half, and seven shillings.
(Watch produced and sworn to.)
Martin's Defence. I met the man very much in liquor, and went with him to the room—he wanted to take indecent liberties with me, and I got out a bed, and was making a great noise—he said he had been robbed—I said, "You say that because you see me have this money in my hand"—he said, "I have lost my watch"—I showed his where it laid, and took it in my hand—he took it out of my hand, and put it into his pocked—I called the landlady up, and said, "This man says I have robbed him, you had better fetch a policeman"—she brought one up, and the policeman said, "What money belongs to this man?"—I said, "Only 2s., I have other money of my own"—I refused to be searched by a man, but if he would take me to the station-house, I would be searched by a female—he used me very ill—undressed me—tore my clothes, and took the money from my bosom, which had been given me by another man.
Lannan's Defence. I know nothing about it.
MARTIN— GUILTY . Aged 28.
LANNAN— GUILTY . Aged 38.
Transported for Life.
GEORGE CUTLER . I live with my father, in Union-place, St. Andrew, Holborn. Between seven and eight o'clock in the evening I was coming up the narrow part of the place, and saw the prisoner inside Mrs. Ellis's house, looking out on the step of the door—she went in again, and I got just up to the door, when she came out with the violin in her hand—I followed her, and told Mrs. Ellis's son, who caught hold of her, and took it from her—she said nothing.
JOSEPH ELLIS . In consequence of what Cutler told me, I stopped the prisoner, and took a violin from her—I have seen her come into my mother's shop to sell fiddle-bows—she lives with a fiddle-bow maker.
to be mine—I value it at 20 guineas—I am sure it is worth more than 5l.—I recollect my husband asking 25 guineas for it.
Prisoner's Defence. About three weeks ago I received a severe cut in my head, which has affected my brain very much—I was not in my senses at the time I committed the rash net, which has brought me to this disgraceful situation.
GUILTY* of stealing under 5l. Aged 43.— Transported for Seven Years.
Second Jury, before Mr. Recorder.
110. DAVID FITZGERALD was indicted for stealing, on the 18th of November, 1 counterpane, value 9s.; 1 blanker, value 6s.; 1 sheet, value 4s.; 1 looking-glass and stand, value 2s.; and 1 tray, value 2d.; the goods of Maria Tape.
MARIA TAPE . I am a widow, and live in Plough-alley, St. George's. On the night of the 18th of October, before twelve o'clock, I went to Mr. Denton's public-house, at the end of Plough-alley—I pulled my outer door to, but the spring-lock did not catch—I returned in about three minutes, and found somebody standing in the alley at the corner of my step—he was going to speak to me, but I did not answer him, and went in—I carried what I had got up stairs to my lodger, and fetched some coals afterwards, and returned to the kitchen—I then heard a rattling noise in my passage—I went to see what it was, and found a man leaving my parlour door, and going to the street door—I had not fastened the door after me—I asked him who he wanted—he said he did not know—I asked what business he had there, and who he wanted?—he said, "A neighbour"—I said, "Do you live her? for I don't know my neighbours"—he said, "No"—I said, "What is the person you want?"—he said, "Betty and Kitty"—I said, "It is not here"—I shut the door after him, and he went away—I am positive the prisoner is the man—as soon as he was gone, I found the parlour door wide open, and missed a counterpane, blanket, sheet, dressing-glass, and tray—I gave the police information, and afterwards went to the station-house and saw the prisoner—I know him again.
Cross-examined by MR. PAYNE. Q. What time of night was this? A. Five minutes before twelve o'clock—I went to the public-house to fetch some gin and cloves for a lodger—there were three lodgers in the house that night—I had a light, and could see the prisoner plainly.
DAVID LOWE (police-constable H 37.) I was on duty in Wapping-street about twelve o'clock on the night of the 18th, and saw the prisoner at the door of Denton's public-house, with a basket on his head—some woman came out of the public-house—I went up to Hermitage-bridge, and observed a person come from Plough-alley to the other side of the street with a bundle—a part of it hung down—I followed him, and he walked till I got near him—he then crossed the street, and ran down a court, down to Wapping High-street, and then back, up Crown-court, to where I saw him run from first—he dropped the bundle containing a sheet and counterpane—I took it up, and after waiting a short time, he came back to the spot, and I seized him—the prisoner is the room I saw with the bundle, I am certain.
Cross-examined. Q. Where did you find the bundle? A. At the end of Orange-courtit is a thoroughfare—it was quite at the end of the court, near Hermitage-street—I do not know how for it is from Plough-alley.
ELIZABETH WYNDHAM . I live next door to the prosecutrix. A little before twelve o'clock on the night of the 18th, my attention was called to a basket which stood outside my door in the alley—I brought it into the yard—after that I heard a knock at the door, opened it, and saw the prisoner—I asked him if the basket was his—he said yes—I have seen him before with fish in a basket—I gave it him, and he thanked me.
GEORGE PAYNE (police-constable H 46.) I was on duty on the 18th of November, and saw the prisoner in Lowe's custody in a passage in Hermitage-street—I found a looking-glass and a small waiter in Hermitage-street, near the spot where I found him in custody—Mrs. Tape claimed them.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY. Aged 23.—Recommended to mercy. — Confined Three Months.
111. CATHARINE DALEY was indicted for stealing, on the 15th of November, 1 pair of half-boots, value 2s.; 1 pinafore, value 6d.; value 6d.; and 1 neck-chain, value 6d.; the goods of Henry Lidsey, from the person of Henry Lidsey the younger.
HENRY LIDSEY . I am a porter at Covent Garden-market, and live in Drury-lane. On Tuesday morning, the 15th of November, at nine o'clock, my son Henry, who is five years old, had the half-boots, pinafore, and neck-chain on—he went to the door to play, and was brought home without them, a little before one o'clock—I found the boots and pinafore at Wells's.
HENRY JOSEPH HOLGATE . I am shopman to John Wells, a pawnbroker, in Broad-street, Bloomsbury. About noon on Tuesday the 15th, I saw the prisoner standing in front of our shop with the child—she came in shortly after and pawned a pair of boots and a pinafore for 1s. 6d., in the name of Ann Daley—the prosecutor shortly afterwards came to the shop and claimed them—the prisoner came to the shop again that afternoon to pawn a pair of ear-rings, and was detained.
THOMAS WATSON . I live at the station-house in Picket-place. On Tuesday afternoon, the 15th of November, the prisoner was brought there—I afterwards saw her in the cell—the requested to be moved, as she did not like to be alone—I afterwards examined the seat of the convenience there and found this necklace in the soil.
(Property produced and sworn to.)
Prisoner's Defence. On Tuesday I met a woman who asked me to take the boots and pawn, and she would give me 2d., and when I came out she was gone.
(The prisoner received a good character.)
GUILTY .* Aged 16— Confined Six Months.
ELEANOR KIRBY . I am the daughter of Thomas Kirby, a linen-draper, in Church-street, Shoreditch. On the 23rd of November the three prisoners came into our shop together, and asked to look at some dresses—I showed them some—I saw Mack take a green dress off the counter, and
put it under her cloak—I told her she had got a dress—she said she had not—Denton asked me to show her a remnant of print—I called my father, who sold them one, which Denton paid for—they then went out—my father went after them, and brought back Mack and Westbrook—I saw Denton run away directly my father caught hold of the other two—he afterwards found her and brought her back—my mother took Denton and Westbrook into the back room—Mack refused to be searched, and told my mother to leave her alone—I saw these two dresses drop from Mack's cloak on the floor—I picked them up, and my father delivered them to the sergeant who came in.
THOMAS KIRBY . I am the father of last witness. There was nothing on the floor when Mack left my shop—my daughter did not leave the shop, she only came to the foot of the stairs to call me, and I came down immediately—I went and brought Westbrook and Mack into the shop, and Denton ran away—I saw the dresses on the ground—they are my property, and are worth 12s.—Denton laid out 3s.
Mack. We had just left the step of the door when he ran after us and brought us back—he mother searched us, and when we came back from being searched, he had the two pieces of print in his hand.
Witness. I had them in my hand after my daughter saw them drop from under her cloak—Mack was not searched at all, for the dropped them—the dresses were not on the floor when I went out after them.
ELEANOR KIRBY , re-examined. Mack was never searched by my mother—there was nothing on the counter or floor when she came back—I had seen her put the green dress under her cloak, but let her go out to see what she would do; because if we stop people with these things at the time, they drop them directly, and pretend it is an accident.
Mack. She looked over the counter and said, "I miss a green dress, "—I took off my cloak, and said "Where is it?"—there was a man in the shop at the time, who said, "You see the girl has got no dress."
Witness. There is not a word of truth in it.
(Property produced and sworn to.)
(Mack received a good character.)
MACK— GUILT . Aged 15.—Confined Six Months.
DENTON and WESTBROOK NOT GUILTY .
MORITZ HOWITZ . I am a licensed hawker, and live in Cock and Hoop-yard, Houndsditch, when I am in town. On the 30th of November I went into the White Hart tap, at Cranford-bridge—I had a jewellery box, which I put on the table—it was shut, but not locked—the prisoner was there, near the table—I went to another part of the room, and was absent from my box about ten minutes—I then returned to it, and took it out—Royce spoke to me, and I opened my box, and missed six necklaces, which were safe in the box when I put it on the table—I went back to the house, and asked the prisoner if he had taken any necklaces out of my my box, and if so, to give them back to me—he was in a passion, and wanted to fight me, and said he had done no such thing—he went cut into the yard to look for them, but he jumped over the river there, and ran away.
at the White Hart tap, and saw the prosecutor come there, and go out—when he was gone out at the door the prisoner said, "G—strike a b----hump on his back," and he put his hand in his breast, pulled out these beads, and said, "I have done the b----Jew"—the prosecutor returned into the tap—the prisoner went out into the dung-yard, and hid the beads, and then ran away.
Prisoner. I did not run away, but he shoved me over the wall, and said, "Be off as quick as you can," Witness. He threw his shoes away, and ran off without them—he was not very sober—he said if we would let him go by himself he would fetch the beads; but he went quite the contrary way—I knew where he had put them—I was not there above half an hour myself—I believe he was drinking with on or two others.
FRANCIS GILHAM . I am horse-keeper at the White Hart. I saw the prisoner lift up the lid of the box, and take the beads out, while the prosecutor was showing a watch to a man at the other side of the room—several people sat there—every body must have seen him do it—I do not think he meant to steal them—he was beastly drunk.
NOT GUILTY .
GEORGE WAUGH . I am a solicitor, and live in St. James's-street, Bedford-row. On the evening of the 3rd of November I was called from dinner, and found the prisoner in my passage, charged with stealing a Macintosh cloak from the hall—he said if I would forgive him he would confess the whole—I said I should hear nothing under a promise of forgiveness, because the thing was too palpable—he then said he would tell me who had sent him to seal it—I said I could tell him—he asked me who?—I said Thomas, who had been a clerk of mine—he said it was so, and that he was waiting outside to receive it.
JOHN BOUGH . I am servant to the prosecutor. On the evening of the 3rd of November I answered a ring at the street door bell, and found the prisoner there—he asked for Mr. Palmer's address—I left the hall, and went into the office to get it—I heard him walking along the hall—I looked back, and saw him take the Macintosh cloak off the page—I went to him, and called master—he dropped it on the ground, and tried to kick it under he hall step, but he could not—he had quite got it from the peg.
(Property produced and sworn to.)
Prisoner's Defence. I have several times before been prompted to do it, and refused; but on this evening I went, though quite unwillingly—Thomas took me up to the door, and rang the bell—he had left his situation for a long time, and was in want of bread—I got in liquor with him—he said he would take if from me.
MR. WAUGH. I belive his station is true.
(The prisoner received a good character.)
GUILTY. Aged 18.—(Recommended to mercy by the Prosecutor and Jury.)— Confined One Month.
JAMES CLARK . I am a sack and bag maker, in Old Change. The prisoner Keith was in my employ—on the 1st of December she had no authority to send out sacks for me to be sewn—she was employed to do that herself in the warehouse—she was to take care that nothing went out.
Keith. You were not at home that night—Edward told me to take them home, and sew them on one side, in particular way; and in the morning, for fear of getting into difficulty, I got this woman to come, and I gave them to her—I have often taken them home to sew, and brought them in the morning. Witness. She sometimes took them home, but I always had them entered in her book, and in mine also—I was not at home that day.
EDWARD STEPHEN CLARK . I am the prosecutor's son. On the morning of the 1st of December, a little before nine o'clock, I was in the counting-house, and saw Newman come to the threshold of the door, and take something away with her—Keith was standing at the door—she took the sacks, and went away—I followed Newman, and passed her in the street—she had something in her apron, and in St. Paul's Church-yard I asked her what she had got there—she said she did not know—but afterwards said Keith gave them to her to take home to unsew and resew again—I examined them—they wanted nothing at all done to them—they were not sewn wrong—she could not have taken them without Keith knowing it, because she was standing at the door when she took the sacks, and must have seen her—they were worth 18s. 8d.—when Newman was brought back, she said to Keith, "You gave them to me"—I called my father down then, and she said, "If I must tell you the truth, that woman gave them to me"—Keith said, "Hold your tongue."
Keith. Q. Did you not tell me the night before to take them home? A. I did not—I did not push you out of doors—I did not know the book-bag was gone—I gave you no authority to take it—I am quite sure I gave you no orders to sew them up on the other side, nor did you tell me you were going to do so—nothing passed about it—I gave you them to make at your leisure time, when you had nothing to do as they were not wanted.
(Property produced and sworn to.)
Keith's Defence. I gave them to her to do for me, and gave her 2d., which the policeman took out of her pocket—I had no notion of making away with them.
Newman's Defence. Keith tole me to do them, for fear she should get into trouble, and gave me 2d., to buy the thread—I was taking them home, and lost my way, and got into St. Paul's Churchyard—Mr. Clark over-took me, and asked me what I had—I said, at first, I did not know—he asked me who gave them to me, and I said the woman gave me them to do over again.
KEITH— GUILTY . Aged 30.— Confined One Month.
NEWMAN— NOT GUILTY .
Lisson-grove, a few weeks ago, about four o'clock in the morning, and saw the prisoner place a coal-plate over the coal-vault of no, 47, with his feet—on Thursday week he passed me in Earl-street, and took a bundle from under his frock—I heard the coal-plate put over the hole again—I afterwards lifted the plate up, and saw the bundle down the hole—last Wednesday morning I placed myself within a few doors of the prosecutor's house in Edgware-road, and about five minutes after five o'clock saw the prisoner come out—he looked up at the clock, and then went in and shut the doors—he came out again in about five minutes, looked up and down the road, and then went in again, and in about two minutes came out with a bundle—when he came opposite, me, I came out of my hiding-place, and said, "What have you there?"—he said, "A bit of tripe, that is all"—I said, "You must have more than that, what are you going to do with it?"—he said, "To take it home"—I said, "You must come with me to the station-house"—he said it was the first time he had over taken any—I found it contained the articles stated.
ROBERT TOMS . I am a pork and tripeman in Edgware-road. The prisoner was in my employ—the value of this property is 1s. 6d.—I have so much I cannot tell whether I have missed any before—I had such articles in my shop—he lived nine months with me, and once before for above twelve months.
(The prisoner received a good character.)
GUILTY. Aged 21.—Recommended to mercy.
Confined One Month.
HENRY HOWELL . I deal in china, and live in Little New-street, Shoe-lane. The prisoner often passed through my shop to go to a lodger—as she passed through, on the 26th of November, I observed something under her shawl, and after she was gone I missed three piles of tea-pots.
ELIZABETH SULLIVAN . I am a book-binder, and live in Charles-street, Hatton-garden. The prisoner had a furnished room of me—she broke a jug of mine, and gave me this tea-pots, instead of it—I saw the policeman find another in the room she occupied—they were wrapped in brown paper.
(Property produced and sworn to.)
Prisoner's Defence. I bought them in White-cross-street.
GUILTY . Aged 54.— Confined One Month.
NEW COURT.—Monday, December 5th, 1836.
Sixth jury, before Mr. Common Sergeant.
MR. ELLIS conducted the Prosecution.
ANN FAULKNER . I am the wife of George Faulkner, a butcher, in King-street, Westminster. On Wednesday, the 2nd of November, about four o'clock, the prisoner came to our shop, and bought a piece of beef, which
came to 2d., and he gave me a shilling—I gave him 10d.—he went out, and then I saw it was a bad shilling—I noticed a cut in the edge of it—on the Saturday following he was brought back by our man—I laid the shilling on a ledge, and on the 5th I gave it to the policeman—this is the same shilling—I have no doubt that the prisoner is the man—I have seen him frequently about the shop before.
JOHN TOTTIE BRIDGES . I am servant to Mr. Faulkner. I saw the prisoner in the shop on Wednesday; and on Saturday, as I was serving, he came in about eight o'clock in the evening—he bought some meat amounting to 8d. he gave a half-crown—I gave it to my master's son—I gave the change to the prisoner—he went away—I afterwards received the half-crown from William Faulkner—I brought the prisoner back, he said he did not know it was bad—he did not say any thing about being at the shop before.
WILLIAM FAULKNER . I am the son of Mr. Faulkner. On the Saturday the prisoner came into the shop, and gave Bridges the half-crown—who gave it to me—I gave him the change—I found the half-crown was bad, and told Bridges so—I gave it to Bridges—I am sure it was the same.
Prisoner. I was never in the shop till Saturday—I gave the half-crown, and did not know it was bad—they are mistaken in my person I took the half-crown in change.
GUILTY . Aged 21.— Confined One year.
THOMAS HENRY THOMPSON (police-sergeant D 4.) On Friday, the 18th of November, I went to no. 4, Harrow-street—I knocked at the door—the prisoner Thomas Russell opened it, and asked me what I wanted—I said, "I want to come in, open the door"—it was then half open—he endeavoured to push me out—I put my foot against it, and got in—this was the outer-door—there is an inside parlour door, on the right hand—I rushed into the parlour—the prisoner, Thomas, rushed by me, and ran to the mantelshelf, which was opposite the parlour door—I ran after him, and saw him take something off the mantelpiece—he hallooed out, "Bill, Bill"—when he got to the mantelpiece I hit his elbow, and knocked out of his hand several pieces of coin—I called for help, and Procter came in, I saw the prisoner's hand up to his mouth—I took hold of his threat, and said, "I will choke you"—at the same time I desired Procter to pick up the pieces I had knocked out of his hand, and not let any body touch them—I then, in the scuffle, got to the back-parlour door, between the two rooms, and I observed the prisoner Henry with his hand to his mouth several times—he was in the back-room, apparently gulping—I took hold of him by the throat, and said I would choke him also—at the same time I had hold of Thomas—Cooper came in, and he took Thomas out of my hand, and I was thrown down—both Henry and I were down together—Henry kept his head to the ground, and I endeavoured to get my hand
under his mouth, but I could not succeed—we were tustling together, and his foot went behind my leg—I expect the tripped me up—I got up, and Crouch, who had come in between Procter and Cooper, picked up a sixpence on the spot where I had been struggling with Henry—Crouch marked it, and gave it me—I then searched them—there was nothing on either of them, but a few halfpence on Thomas, which I gave him back—a woman came in, who gave her name, Susannah Curl—Procter picked up some money, and marked it with the knife, and gave it me—I received in all, six sixpence—five sixpences and one shilling of Procter, and one sixpence of Crouch—I asked the woman if she was the mother of the prisoners—she said, "Yes"—Henry said, "Mother, what did you come in for?"—he said to a woman standing by, "What did you send for my mother for?"—he said to a woman standing by, "What did you send for my mother for?"—a woman came in and searched her—I stopped down, and picked up a pair of stays that the woman dropped—Curl made a gulp at the time, and threw her pocket on the bed—I then sent her off, and searched the house—I found some plaster-of-Paris and whitening in a cupboard by the side of the fire, and a bottle with liquor in it, and these tow tins—I went a second time, and found this file on the back-parlour mantel-piece, near where I saw Henry—I also found this pistol, with powder and paper in it.
Cross-examined by MR. BALLANTINE. Q. Did you tell the magistrate every thing you have told here to day? A. I did—I told about searching the mother—I have always given the same account of tumbling down.
JAMES PROCTER . I am a cheesemonger. I went with Thompson to the house—Thomas Russell came to the door, and asked what we wanted—Thompson said, "We want to come in," and made a bit of a wrestle—he went by him, and got to the mantel-piece—Thompson gave him a shove, and he dropped some pieces of coin, which I took up, and Thompson desired me to mark them—there was a struggle with Henry Russell and Thompson—I picked up five sixpences and a shilling.
COURT. Q. Did Henry come into the front room? A. Yes—part way between the two rooms—he stood between the door of the back room and the front—the two rooms joined—he came in to the front room—the struggle was there—I am quite sure of it—Crouch picked up the sixpence in the front room, I believe, but I did not see him—I did not see Crouch in the back room at all.
THOMAS COOPER . I am a shoemaker, in Bell-street. On the Friday, the 18th, I was going down Harrow-street, and heard Procter call for assistance—I went into the house, and saw Thompson, who had hold of Henry Russell—he said, "Take this man", and then Henry threw Thompson down—I saw the sixpence distinctly come from Henry's mouth, as they fell—Thompson lost his hold of his throat, and Crouch picked it up.
Cross-examined. Q. Where were you standing? A. I took Thomas from Thompson, and then Henry threw Thompson down—Thompson kept his hold of Henry and the sixpence came from his mouth.
SAMUEL CROUCH . I went to the door and waited outside till Thompson went in—in a short time I heard a great noise—Thompson called out for help—I went in, and saw Thompson, who the two prisoner by the throat, the others were engaged in assisting Thompson—I saw a counterfeit sixpence drop from one of them—I picked it up, and gave it to Thompson.
MR. FIELD. These are all counterfeit, and all the sixpences are from the same mould.
THOMAS RUSSELL— GUILTY .— Confined Two years.
HENRY RUSSELL— NOT GUILTY .
CATHERINE ELIZABETH EDMAN . I am bar-maid to Mr. Brown, who keeps the Wrekin Tavern, On the 14th of November, between eight and nine o'clock in the evening, the prisoner came for a pint of beer—he gave me a shilling, and I put it into the till among the halfpence—there were other shillings in the till, but not where I put this—I gave the Prisoner the change—I found the shilling was bad, about a minute after he was gone—I am quite certain it was the same shilling, I had thrown it among the halfpence, as I knew had not a sixpence to give him in change I did not pull the till out far enough to get at the silver—when I found it was bad, I put it into a glass basin on the shelf—I saw him again on the 16th and recognised him—I drew a pint of beer which he asked for, and kept it by me—he put down a shilling—I found it was bad—I said he had been before—he said he had not been in the house before, and then he said he had been there several times—I kept the last shilling in my hand, and give them both to the policeman.
Prisoner. you said, "You was in here on Monday night "—and I said I was not—I went to the market and earned 1s.—when you were at Bow-street, you said you threw the shilling into the till, and the policeman said, "You must not say that, you must say you threw it in with the halfpence."Witness. No he did not—I put it among the coppers.
WILLIAM FIELD . (police-constable F 128.) I was called in on the 16th of November, and took the prisoner—I received these two pieces of counterfeit money from the witness—I asked the prisoner where he lived, he said, "165, Brick-lane, Spitalfields"—I said, "You cannot live there, as my own father lived there thirty years"—not a word passed about Edman's putting the shilling among the copper.
MR. FIELD. These are both counterfeit, but not from the same mould—I was present during the whole time they at the office—there never was a word said about the shilling being put into the till—Edman said it was between eight and nine o'clock, and then it was corrected, and it was stated that it was between seven and eight o'clock.
GUILTY . Aged 37.— Confined One Year.
ELIZA HUTCHINSON . I am the wife of William Hutchinson, of Bethnal-green, a cheesemonger. On the 29th of October, the prisoner came for two ounces of shilling butter, and laid down a shilling—I gave her 10 1/2 d. change, and gave the shilling to my husband—he said was bad, and went after her, but did not find her—he placed the shilling on the parlour mantelpiece, having wrapped it in paper—the following Monday she came for the same quantity of butter—she laid down another shilling—I saw it was bad, and charged her with it, and gave the shilling to my husband—he sent for a policeman.
Prisoner. I was confind to my bed from Thursday till Monday.
WILLIAM HUTCHINSON . I am the prosecutor. I saw the prisoner on the 29th of October—she was keeping my wife in conversation—my wife gave me the shilling, I immediately wrapped it in a bit of paper—the prisoner was
about two minutes in the shop—I was not in the shop—when she came the second time we were taking tea, and I told my wife to go—my wife gave me the second bad shilling—I am certain the prisoner is the person that came on the 29th I recognised her instantly—I did not observe her dress—she had a bonnet on. I think, a dark one—I did not observe it—she had nota cloak, but something thrown over her loosely, she talked about a fire.
Prisoner. I had half a quartern of butter on the Monday night—I chucked down a shilling, and she put it into a till. Witness. No, I did not—I saw it was bad instantly it was laid down—I did not move it off the counter.
JURY. Q. Did you observe that she was lame on the first day? A. No, nor on the second.
EDWARD M'CARTHY (police-constable H 96.) I was on duty on the 31st of October—I was called into the shop, and found the prisoner there—I did not notice that she was lame—she walked quite regular—I cannot be mistaken in the person—I received one piece of counterfeit money from Mr. Hutchinson, and he produced the other at the station-house—I asked the prisoner whether she had any more money about her—she said she had 1s. 5 1/2d., which she gave me—she was searched by a woman, who found fourteen duplicates in a purse on her, within nine or ten minutes—she was in custody the whole time, and had no opportunity to get this money in any other way.
MR. FIELD. These are both counterfeit, and both cast in the same mould.
GUILTY . Aged 26.— Confined Six Months.
MARY JANE TOMALIN . I am the wife of George Pentlo Tomalin, a grocer, in Great Bath-street, Clerkenwell. On the 3rd of November, at half-past ten o'clock at night, the prisoner bought some bacon, which came to 3d.—she gave me a sixpence—I put it in the front of the till—there was other silver at the back, but only this one in front—soon after a policeman came—I looked at the sixpence—I marked it, and put it on the shelf at the back of the counter—I am sure this is the sixpence she had given me—the next Monday, the 7th of November, she came for some bacon, tea, and sugar, which come to 5 1/4d.—she tendered me a bad sixpence—I charged her with it—she said she had taken it at the baker's down the street—I kept it in my hand—she paid for the things in copper, and wished to have the sixpence back—I refused to give it back—Mr. Tomalin came into the shop—I marked the sixpence, and gave him that and the other—my husband went for a policeman.
Prisoner. I had not money enough to have the sugar—I did not have that, and I positively deny being in the shop on the Thursday evening. Witness. I know her by her features—I have not the slightest doubt of her.
GEORGE PENTLOE TOMALIN . I came into the shop, and my wife gave me the two sixpences—I took the prisoner, and said, "I believe you are a bad woman; if you will give me the money, you shall go, "—but she could not, and I gave her to the policeman—there are two bakers in the street.
took the prisoner—I received these two sixpences from Mr. Tomalin—the prisoner did not tell me where she got them.
MR. FIELD. These are both counterfeit, and I believe cast in the same mould—they are he same date, and correspond in all respects.
GUILTY . Aged 32.— Confined Six Months.
JOSEPH ROTHERHAM . I live at no. 7, Northumberland-place, Commercial-road, and am a linen-draper. About 5 o'clock on the evening of the 16th of November, the prisoners came to my shop—my young man showed them some printed cotton dresses—they made choice of one, and left 1s. 6d. as a deposit—they then left the shop—the policeman called next day, and produced three printed dresses—I could not swear that I have missed them—I have, perhaps, fifty of them—these may have been sold.
NOT GUILTY .
Cross-examined by MR. DOANE. Q. When did you see it safe? A. About eight o'clock in Friday evening, the 11th, and missed it on the Saturday evening, between nine and ten o'clock.
WILLIAM JONES . I am the prosecutor's servant. On Saturday night, the 12th, I saw the two prisoners in the tap-room—they might have come in about seven o'clock, and stopped till about half-past nine—the tap-room is about half a dozen yards from the kitchen, or more—I did not seen them go into the yard, but I saw Driscoll give the copper to Galvin, and they both went out together—I did not say any thing, as I did not know but that they might have brought it in.
Cross-examined Q. The parties came to the tap-room? A. Yes, they were conversing with the people—I had seen the copper safe the same evening.
MARGARET MORISEY . I am servant to Mr. Winsor. I went on this afternoon, and saw the copper safe at eight o'clock, and at half-past nine I missed it—there was brick-work round it at eight o'clock—that was all torn down—this is the copper—I cleaned it once a week.
JAMES COVINGTON (police-Sergeant C 9.) On that Saturday night, at a quarter past ten o'clock, I was in Leicester-square, and stopped Driscoll with the copper—there was another man in the road, but I could not see his face—I asked Driscoll where he got it—he said he bought it in Bedford-square—I told him I did not believe it—I took him to the station-house, and when there, he said he was employed by a man to take it to Westminster—the prosecutor took Galvin on the Monday after.
Cross-examined. Q. Had he been drinking? A. Yes—Driscoll had.
(Driscoll received a good character.)
DRISCOLL—GUILTY. Aged 35.—(Recommended to mercy by the Jury.)
Confined Six Months.
GALVIN— GUILTY . Aged 36.— Confined One Year.
Cross-examined by MR. CLARKSON. Q. Are you a servant in his shop? A. Yes—this was lost while I was gone to tea—I went at half-past five o'clock, and returned about six—I am a manufacturer of these kind of things—this one hung at the door—my master is not here—it was safe when I went away—when I came back at six o'clock it was gone.
HENRY PATTERSON SMITH . I am shopman to Mr. Hall, a draper, of Bishopsgate-street. I was standing at the door, about six o'clock that afternoon, and saw the prisoners at the corner of Primrose-street—they crossed, and went to Mr. Marriott's shop, and took the musical-cart from the door—I could not swear which of them took it—they then went down Union-street, to the shop of Mr. Beaumont, stopped a few minutes, and took a candlestick—I followed them, and found this cart on Campbell—they were together—I asked them where they got it—they said they bought it in Petticoat-lane.
CAMPBELL— GUILTY . Aged 29.
WHEATLEY— NOT GUILTY .
ROBERT STEWARDSON . I live in Shoreditch, with Mr. Joseph Jackson, a linen-draper. On the 15th of November, Fell came to our shop about half-past five o'clock, and asked if we had lost any thing—I had hung up this calico about five o'clock in the doorway, partly in and partly out—it was gone—I had been in the shop all the time—I had not sold it, nor bad any one else, or I should have seen it—it has my master's private mark on it.
Cross-examined by MR. CLARKSON. Q. How many servants has your master? A. Two more besides myself—here is the private mark, a 4, in pencil.
THOMAS LEWIS FELL . I live in Newman-place, Bishopsgate-street—I was passing towards Shoreditch, and saw the two prisoners standing at the prosecutor's door—I saw Campbell give the piece of calico a tug—that excited my suspicion—I looked for a policeman—I crossed, and somebody came out of the prosecutor's shop—the prisoners walked the length of the window, about three yards off—they then returned, and Campbell looked at at again, she pulled it, off, and gave it to Wheatley—I followed them till they went to the side—door of a public-house in Primrose-street, looking at the calico—I crossed over and saw Mr. Hall and told him.
Cross-examined. Q. Do you know a person of the name of Boston? A.. No—I was never confined five minutes in prison in my life—Mr. Fiber never charged me with stealing a pair of boots of his—I had two pairs to repair, and I was attending here, and he was very angry—I have them now in my possession—Mr. Fiber has no charge against me.
CAMPBELL— GUILTY . Aged 22.— Transported for Seven Years.
WHEATLEY— NOT GUILTY .
NOT GUILTY .
GUILTY. Recommended to mercy. — Confined Nine Months.
CHARLES COLYER . I live in Tavistock-street, Bedford-square, and am an articled clerk. About twelve o'clock on Saturday, the 19th of November, I was in Great Russell-street—I felt a pull at my pocket—I felt for my handkerchief, and it was gone—I turned round, and saw the prisoner and another boy behind me—the prisoner was directly behind me—not more than two yards, I should think—I then saw the corner of my handkerchief projecting from beneath his jacket—I charged him with taking it—he said he had not—I took hold of the corner of it, and pulled it out—I found it was mine—this is it—I kept him till the other boy went away.
Prisoner. I saw two boys walking before me—they took the handkerchief and threw it down—I put it into my coat, and they went round the corner.
GUILTY . Aged 13.— Confined Three Months; Three Weeks Solitary.
OLD COURT.—Tuesday, December 6th, 1836.
Fourth Jury, before Mr. Recorder.
130. HENRY GREENFIELD was indicted for stealing, on the 29th of November, 2 jackets, value 3l. 15s.; 1 waistcoat, value 15s.; 1 pair of trowsers, value 1l.; 1 pair of boots, value 10s.; and 2 shirts, value 5s.; the goods of Frederick Bayley; to which he pleaded
GUILTY .— Transported for Seven Years.
131. ELIZA HOLMES was indicted for stealing, on the 26th of November, 5 shirts, value 2l. 10s.; 5 pillow-cases, value 3s.; 4 towels, value 2s.; 2 table-cloths, value 14s.; 2 sheet value 16s.; 1 pair of trowsers, value 8s.; 1 shift, value 4s.; and 1 bed-gown, value 2s. 6d.; the goods of William Whitten, her master.
WILLIAM WHITTEN . I am a currier, and live in Little Queen-street, Lincoln's Inn-fields. On Saturday, the 15th of October, the prisoner came into my service as wet-nurse, at 10s. a week, and continued till Monday, the 28th of November—on the day before she left I missed a quantity of linen from my drawer—I charged he with stealing it next day, and gave her into custody—she denied the charge—I said I had such a good opinion of my other servants I did not suspect them—she than said, if she told me where my property was, she hoped I would forgive her—I said if I could make her no promise, I must know the particulars—she said if I would follow her up stairs, she would give me the duplicates—She went into the nursery, and handed me over fourteen duplicates—on examining, we missed a great many other things.
CORNELLIUS WINTLE (police-constable F 45.) On Monday, the 28th of November, the prosecutor gave the prisoner into my custody—she asked for forgiveness, saying she had two children—the prosecutor gave me fourteen duplicates, which I produce—I asked if she had any more—she said she had, and gave them to me, but those do not relate to this case.
GEORGE JOHNSON FRANCE . I am shopman to Mr. Walter. a pawnbroker, High Holborn. I produce a sheet and table-cloth, which were pawned on the 25th of October, I believe by the prisoner, in the name of Eliza Whitten—but I cannot swear to her—the counterpart of the duplicates are among these produced.
WILLIAM RICHARD TUCKWOOD . I am shopman to Messrs. Aldridge, pawnbrokers, in Orange-street, Bloomsbury. I produce a table-cloth, a shirt, a sheet, a pillow-case, and towel, which were pawned between the 21st of October and 14th of November, at our shop—I took in the sheets, bed-gown, and table-cloth, on the 14th of November, of the prisoner, for 17s.—the duplicates of them are here—they amount to 1l. 15s. 6d. altogether.
HENRY NEWCOMB . I am shopman to Mr. Barker, a pawnbroker, in Holborn. I produce a sheet, which was pawned on the 25th of October, for 5s. 6d., by the prisoner; and also a sheet which was pawned with us, but not taken in by me—the duplicate of it is here.
(Property produced and sworn to.)
(The prisoner pleaded poverty.)
GUILTY . Aged 25.— Transported for Seven Years.
There was another indictment against the prisoner.
132. JOHN GRAY, MARY DOWNES , and MARGARET MAGNER , were indicted for stealing, on the 29th of November, 1 watch, value 3l.; 2 watch keys, value 6d.; 1 purse, value 1s.; 1 sovereigns, and 8 shillings; the goods and monies of Thomas Gilheany.
Golden-square. On the 28th of November, I met the prisoner Downes in Broad-street, St. Giles's, and went with her to a public-house in Drury-lane, about a quarter before 11 o'clock—she took me to a house in Charles-street, Drury-lane—I understand it was No, 2—we stopped a while in the room—she then lighted me down stairs—when I came to the street door I met Magner—my money and watch were quite safe then—she asked me to treat her, and I went with her to a public house round the corner—I then returned to the same room with her, and stopped some time—I did not undress then—she asked me to allow her to go out for a little gin—I said yes, and in her absence I looked at my watch—it was twenty minutes after five—she returned with the gin, and we drink it—after a short time, when we were partly undress, she said she was very thirsty, and asked me to let her go out for a pint of porter—I said yes—she requested me to go to bed, and she would return immediately—I went to bed, she stopped in the room backwards and forwards till I was in bed, and she then went out for the beer—I laid in bed about as hour and three quarters, when Gray came into the room and said, "who the b----h----is in my room?"—I said I was—he asked who brought me there—I said a young woman—he told me to get out of bed instantly, or he would break my neck down stairs—he took my clothes and threw them from one chair to another—I heard two persons speaking outside the door, and then both the female prisoners came in together—Magner spoke to Gray, who then pulled a clasp-knife out of his pocket, and said he would run it into the b----guts of any body that contradicted him—I put on my trowsers—I found my watch and purse, containing my sovereigns, were gone—I did not wish to say any thing then, being in fear—I took up my waistcoat, where I had eight shillings in silver, and two watch-keys, and found them gone—I dressed, and then he kept saying if I did not leave the room quickly he would break my neck down stairs—I went down, and met a policeman in the lane—I asked him how I was to act, and showed him the place—the light was still in the room—he got a brother officer, put him at the door, and took me up stairs—he three prisoners were still in the room—he commenced searching, and found my watch, two keys, and 25s. 6d. in silver on Gray I believe.
Gray. The watch was in the bed, not on me—the room was my own—I had a right to turn you out—as to looking at your clothes, it is no such thing, I merely took them off the chair, and threw them on the bed.
Downes. I did not see him after I came down stairs till the policeman took me—I was not in the room when Gray was there. Witness. They both came in as I have said.
JAMES VICARY . (police-constable F 26.) Early on Tuesday morning, the 29th of November, I was on duty in Charles-street, Drury-lane, when the prosecutor complained of being robbed—I accompanied him to No. 2, Charles-street, with another officer—I went to front-room, third floor, and found the three prisoners there—Gray asked what I wanted—I said the prosecutor complained of being robbed, and I had come to search him and the women—he said he had not robbed him—I then saw him take his right hand from his trowsers pocket with the watch in it, and throw it on the bed—I instantly called an officer up and searched Gray—I found two watch-keys and 25s.6d. in his pocket, and a large clasp knife in life left hand—it was shut—I also found another knife in his pocket—two
hours before I took the prisoners, I saw Gray and Downes together, at the corner, opposite No. 2—Downes said, "We will wait:" and in about two minutes I saw Magner come out of the house, No. 2—Downes said to her, "Have you got it?"—she said, "Yes"—she said, "How much?" and she counted into Gray's hands a sovereign and 8s. 6d., one by one—Downes then asked what she had done with the purse—Magner said she had left it in the room—they then proposed to get something to drink, to change the cooter, as they called it, meaning the sovereign—they then walked round different streets, and about two hours after they returned (about three o'clock) I heard a noise in the house shortly after, as if somebody had been fighting, and the prosecutor came to me, and said he had been robbed of a sovereign, 8s., and his watch—I went up, and saw Gray throw the watch on the bed, as I stated before.
(Property produced and sworn to.)
Gray's Defence. I came in about three o'clock at night—I met these women in Drury-lane, and spoke to them—the money found on me was my own—I received 2l. from my mother, to enable me to get a situation—as to the policeman's hearing the conversation he states, it is false, he was thirty yards distant—Magner did not court any money at all into my hands—when he came up he said, "I suppose you know what I have come for?"—I said, "No"—he said, "where in the man's watch?"—I said, "I do not know; he was on the bed, and I dare say it is there"—he looked there, and found it—I had told me man, if he did not go down stairs, when I found him in my bed, I would throw him down—if I wished to rob him, I could have gone down stairs at the same time as him, but I stopped in the room.
Downes' Defence. I went into the room to borrow something, when the policeman came up and took us.
Magner's Defence. I asked prosecutor to pay me—he said he would—he took me up stairs, and gave me money to get drink—I returned and asked him, before we went to bed, to treat me with some gin—he gave me half a sovereign—I brought him back 8s. change—I went away afterwards, and returned in an hour and a half.
GRAY— GUILTY . Aged 23.
DOWNES— GUILTY . Aged 18.
MAGNER— GUILTY . Aged 20.
Transported for Seven Years.
MR. BODKIN conducted the Prosecution.
WILLIAM MOSLEY . I am agent to John Richard Morton, of Birmingham, he is a manufacturer of jewellery and other articles: I live in Hatton-garden. In January last the prisoner came into the service of Mr. Morton there, and had 2l. a week—he at first made pencil-cases, but in April was employed to carry out goods in the morning, in a bag; and every night, when he returned, he was to give an account of what he had sold, and leave the account and his bag at my premises—it was his duty not to have any thing in his possession when he left the house—he did not lodge in the house—I could not take an account of what he took out every day, the articles were so numerous, we were obliged to trust to his honesty—I have latterly missed articles to some amount, and spoke to him several times about it—he said he know nothing of it; but in consequence of information I had him taken
into custody of Friday, the 18th of November, between ten and eleven o'clock—Baylis, the officer, searched him, and found the things mentioned in the indictment—he lived at No. 11, Carter-street, Walworth—we got the key of his lodging—I have received these letters since his confinement—these articles, which were found on him, are mine.
Cross-examined by MR. PAYNE. Q. Have you had them in your possession since they were taken from him? A. Yes; they were given up to me by the officer, and my wife returned them to him in my presence—I do not remember saying I would not charge him with staling them, as he had a right to have them in his possession—I told him he should not have them in his possession—he had no right to them, because on that day he had not take goods out to sell—I had told him to stay in the warehouse for the purpose of taking him into custody—I did not know I should not have received the articles back from the officer.
MR. BODKIN. Q. Have you at any time said he had a right to have these things in his possession? A. He had no right, certainly—I am not aware that I have said he had.
RICHARD BAYLIS . I am an officer. I was called to Mr. Mosley's house, and searched the prisoner—I found the buckes in his coat-pocket, and the pencil and thimbles in his waistcoat-pocket—Mr. Mosley said he would not charge him with stealing them; he might have had them, but he had no right to have them—I gave them to Mrs. Mosley—she gave them back to me—they were not all wrapped up separately—they had a paper between them, as if to be taken out for sale—they were not loose. (The following letters were put in and read.)
"MR. MORTON, "Newgate, Nov, 25, 1836.
"Sir—It is with the humblest sense of gratitude I thus presume to address you. Your kindness to me on Wednesday, in giving me the money, exceeded my expectation so far, that I cannot find words sufficient to express my gratefulness. The task I am now performing, believe me, is a very painful one; and more particularly when I reflect and expect my fate is sealed. I sincerely assure you my sufferings since this day week have been of a very severe nature: my conscience is in such a state that I cannot rest day nor night; I begin to find I am a lost man. All my future prospects depend entirely upon your generosity. Indeed, you and Mr. and Mrs. Mosley are the only earthly friends I can appeal to. It is you alone that can mitigate my punishment; therefore I trust you will consider my very unfortunate situartion, and allow me this once to implore mercy at your hands. If you should extend the had of compassion towards me, God and myself only know the debt of gratitude it will incur on me. I cannot well make an appeal on the part of my poor wife; my heart is too full, and more particularly when I know her innocence;—therefore I will leave it with you; it is too painful for me;—her sufferings have been great. Should I at any distant period receive my liberty, this will be such a lesson that I shall be another man. This is the first act of the kind I ever was charged with, and I trust in God it may be the last. No one but myself knows my feelings. In conclusion, allow me to intrude myself upon your generous consideration. At the same time, if you should feel disposed from the memory of your very obedient and humble servant, JOSEPH PERKINS.
"If it would not be intruding too much upon your time, a few lines, at your first convenience, perhaps will console and relieve me in my extreme
distress. I humbly beg will employ, and consider me not too hold in me request."—Addressed to "Mr. Morton, 75, Hatton Garden."
"Newgate, Nov, 29, 1836.
"Sir—I humbly trust you will excuse my solicitations. Believe me, I am the most wretched man in the world. The more I reflect, the more it aggravates my misery, and increases my torture. I saw my poor unfortunate wife yesterday; her altered appearance harrows up my very soul. Still I cannot claim your good word; but, alas! if it were possible for you to know my sufferings, I think it would in some degree soften your vengeance. Indeed, under a sense of my lost and ruined condition, hope seems to have quite flown; everlasting punishment suggests itself to my mind; I anticipate nothing but perpetual misery, without any prospect of the least mitigation. Let me humbly entreat you to take my case into your serious consideration. and, perhaps, as the last request of your unfortunate petitioner, you will be kind enough to recommend him to the mercy of the Court, which may probably ease the dreadful sentence which I know I shall shortly receive. I leave myself to your mercy, and at the mercy of that Being who never deserts the unfortunate; and I trust, if you have one spark of sympathy, you will extend it towards the unhappy being who is addressing you. Would to God I could see the last twelve months over again! I should be a different man;—but, alas! it is too late. Then, let me beg at your hands in this world; and may that Being, who knows my miserable heart, reward you in the next is the next, is the prayer of your very humble servant, JOSEPH PERKINS."
WILLIAM MOSEY re-examined Q. You say you desired him to stay at home that day? at what time did you communicate to him that he was not to go out that day? A. As soon as he came in the morning, between nine and ten o'clock—he did not carry things in his pocket when he went out—he ought to put them in a case—sometimes, if the things were small, he used to put them into his pocket—I took the things back, not intending to prosecute him, thinking he might have them.
NOT GUILTY .
134. JOSEPH FISHER PERKINS was again indicted for stealing a variety of articles of jewellery, to the value of 339l. 16s., the goods of John Richard Morton, his master; and EMMA CEPHISA THORNLEY, alias Perkins . for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
WILLIAM MOSLEY . I am agent to John Richard Morton. We missed a great deal of property, and I spoke to Perkins on the subject—I asked him for six brigate watch-keys, and a pair of cameo bracelets and comb—he said he knew nothing of them—he denied all knowledge of every thing I asked him about—on the 18th, he was taken into custody—I told him I suspected him of robbing me—Baylis the officer took a key from his pocket, and I proceeded with him to the prisoner's house in Carter-street, Walworth, and found some property (producing it) I have examined the whole of this property, and in my judgment it is Mr. Morton's, some of them are marked—I find among it the cameo bracelets, and a pair of combs which I had particularly inquired of him about, but not the keys—there are some things I can positively swear to—in consequence of information I went to the Pantheon in Oxford-street—I found, on her stand, property to the amount of about 200l., which I claim, that is here—there are articles of jewellery any things amongst
them—I can positively swear to these pencils with the name of Morton stamped on them, but most of them have the name partly erased—I told her these goods were in our warehouse within a month, and I was sure they had not been regularly sold—at least I had not seen any account of them—she said she could produce invoices that her husband bought them at Birmingham—I addressed her by the name of Standford, and she answered to that name—I told her who I was, and gave her my card—on my doing so, she said she did not know me—I had never seen her at my house, I had seen her at Carter-street, when I engaged Mr. Perkins, but had no conversation with her—I inquired she did not know Mr. Perkins? she said no, she did not, and said, "Who is Mr. Perkins?"—I told her he was a young person who went round to sell goods for Mr. Morton—she said the might have bought some, and might know such a person—I do not remember any thing more passing—here is the book in which it was the male prisoner's duty to enter what he sold—here is an entry of goods sold to Mrs. Stanford on the 31st of October—I found some articles at the stand corresponding with that entry—I left those things on the stand, and took possession of the rest, amounting to full 200l.—I did not take her into custody then—I went to Carter-street the same evening, but did not find her there—I went again the nest morning, and took her into custody there—the male prisoner was then in custody—I found an elderly man named Godfrey in the house, and found more property there of Mr. Morton's—when I first engaged the male prisoner he went there with us, and the female prisoner opened the door to us; she went by the name of Perkins there.
Cross-examined by MR. PHILLIPS. Q. The prisoner, I believe, passed as a married man in your service? A. Yes; he said the female prisoner was his wife, when he took Mr. Morton and myself there—the name of Morton is to be seen on these pencils, but not so plainly as on others—Perkins had the power of selling things, but not without inquiring of me whether I agreed as to the parties respectability—he was not our agent—he might sell to any body for ready money—I did not find much property at his house when I went there and found the woman—it was a small package of the same description of goods as I found before—I found them in her trunk, which was locked—Baylis got the key from her—there was no difficulty in putting these articles away—I had told her the day before before that I suspected the goods on her counter were stolen.
MR. BODKIN. Q. Was the expression used to her, that they had been stolen or improperly sold? A. I said I suspected they had been improperly obtained—I told her nothing about Carter-street—she said she was innocent.
WILLIAM PAYNE . I am clerk to the proprietors of the Bazaar in Oxford-street. The female prisoner applied for a stand there on the 1st of October, and gave the name of Emma Standford—it is usual to give references—(looking at a paper) these are the references she gave, but no inquiry was made—she took possession of the stand on the 6th of October—one of the persons referred to is Mr. J. Perkins, Carter-street, Walworth—she gave six references, but we did not inquire of either of them—I produce some articles, which were claimed by Mr. Morton.
Cross-examined. Q. Do you allow manufacturers to have stands in the Bazaar? A. Yes, we do—I have no doubt the persons in the Bazaar would deal with a manufacturer who had a stand there—I did not know Perkins at all—there was no concealment in the transaction—she conducted herself respectably while there.
RICHARD MORRIS . I am a policeman. I was present when the male prisoner was taken into custody on a charge of bigamy on the 25th of July, 1834—the female prisoner went with him, from No, 11, Carter-street—Mr. Trail, the Magistrate, examined her as a witness—she refused to give evidence at first, but I threatened to commit her—I do not think she was sworn—she was taken very unwell at the time—she had the opportunity of knowing what he was charged with—a person was there who was said to be his first wife—she was the complainant.
JOSEPH GODFREY . I was present at the marriage of the male and female prisoner at St. Peter's Church, Walworth, in July, 1834, on or about the 17th—I attended at Union Hall, when there was a charge of bigamy—I did not see the first wife there—I have seen her within this week—she is living, and goes by the name of Perkins—I was examined as a witness on the trial at Guildford, the latter end of July, or the beginning of August.
MR. ROPER, from the office of Mr. Straight, Deputy-clerk of the Arraigns of the Home Circuit, produced a indictment, charging Perkins with having, on the 16th of July, married Emma Cephisa Thornley, his former wife being then alive; upon which indictment was entered, "Jurors say, Guilty; judgment, Three Months in the House of Correction;" which memorandum was made by the officer of the Court at the time of the trial.
MR. PHILLIPS. Q. What are you? A. I now act as a waiter—I have known the female prisoner seven or eight years—I never heard any thing against her—I was in Carter-street when the officers went there.
SARAH HASTLER . I keep a stand at the Pantheon. I bought several things of the male prisoner at the latter end of October—many of the articles here entered to Thornley I bought of him, and paid him for them.
(Edward Taylor, of Crosby-row, Walworth, and James Ford, of Hampton-street, deposed to Perkin's good character.)
PERKINS— GUILTY . Aged 30.
THORNLEY— NOT GUILTY .
There was another indictment against Perkins, for stealing goods amounting to 14l.; to which he pleaded.
Transported for Fourteen Years.
135. FRANCIS BOSTON was indicted for stealing, on the 19th of November, 1 candlestick and branch, value 1l.; 2 other candlesticks, value 15s.; 2 of bed-furniture, value 30s. 1 broom, value 6s.; and 8 Chair-covers, value 4s.; the goods of Robert Creswell; and WILLIAM DOWNES and THOMAS STEVENS for feloniously receiving the same, well knowing them to have stolen; against the Statute, &c.
ROBERT CRESWELL . I live in Singleton-street, East-road, in the parish of St. Leonard, Shoreditch. The prisoner Baston was in my service for about two years, and left on the 19th of November—I have very bad sight, and he used to go out with me, and do things about the house—about two days after, I was looking about, and found a box empty, which I had not seen for nine months before—it then contained bed-furniture, some plated candlesticks, and other things—it was kept under the bed up stairs—I have since seen the curtains—he was down in the kitchen all day, on the 19th, cleaning things till six o'clock at night, and we had a person cleaning the house down—the box was moved into the passage to clean the room.
WILLIAM CLAY . I am a policeman. I was employed to apprehend a man named Jamaison, for a burglary committed at Stratford—after he was committed, I sat down close to the place where Jamiason was, and heard Mary Ann Collatty come down to speak to him—I overheard what she said to him—and suspecting what she said might relate to the prosecutor's robbery, I took her into custody, and to the Thomas Police—she was discharged, and I accompanied her to the house where she said she lived, and in her room I found the prisoners Stevens and Boston in bed together—I brought them to the station-house with Collatty—I overheard Stevens say, "It is not me that ought to be taken, it is the other, "alluding to Downes—he said he was not far off—in consequence of information, I went to Jerome's, a pawnbroker's in Union-street, Bishopsgate, and found the stand to match a branch, which I had found on Jamiason—they corresponded in pattern, and fitted.
JAMES SHEPPARD . I am a policeman. Clay brought Collatty to the station-house on the 28th of November, and she was discharged—I directed him to follow her to her house—he returned with Baston and Stevens in custody, as well as Collatty—the branch was shown to Boston, he said he knew it; but said when he took it, where was a stand to it—I asked him if he knew what had become of the stand—he said it was pawned by Downes in Union-street, but he could not tell at what pawnbroker's—I asked him if there were not more things taken besides that candlestick and branch—he said yes, all that was missing from his master's he took—he did not mention his master's name—I asked him afterwards if it was not Mr. Creswell, and he said yes—he said he took the things himself—Stevens asked one was—he said, "Dolly," which is a nickname Downes goes by—I apprehended him that evening—he asked what I took him for—I said for felony, and asked if his name was not Downes—he said no, it was not; I had taken the wrong person—I brought him to the station-house, and Collatty said, "I am glad they have taken you, Master Bill";—I then asked his name, and he acknowledged it was Downes—the branch was shown to him—he shook his head and said nothing—in consequence of a conversation with Collatty I went to Fleming's in Whitechapel, and found a lot of bed-furniture pawned for 6s., wrapped up in Collatty's apron—I found more furniture at Aaron's, a pawnbroker, wrapped up in Downes's handkerchief.
MARY ANN COLLATTY . (a prisoner.) I have known Stevens and Downes about ten months—I did not know Baston till the 19th of November, when I saw him with the other two prisoners going along Brick-lane—Downes asked him what he had—he said he had as much as would fetch him 20l.—he turned round and told Stevens, and Stevens told me of it—on the Friday he said he had had a few words with his master, and had told him he was going out; that his master gave him a shilling to go out, and he went; and as he was returning home in the evening, he saw Downes, and told him he was going to leave his place, and Downes told him, if he he had been there, he would not leave it without something worth while leaving for (Baston told me this at the time he was let out of Greenwich
cage, when he had been taken up for going to pawn a broom—Downes was not present) he said he had some boxes under his bed, and Downes said he would open them and see what was in them, and he (Downes) would bring him a bag, and help him to bring the things away at six o'clock in the morning—Baston said there was not an opportunity of bringing them away at that time, and he had brought them away on Saturday evening—Downes said that Baston had brought them on Saturday evening to a public-house, in Back Church-lane, and sent Stevens to look for him—I and Downes were talking together when Stevens came up, and said that Baston wanted him in Back Church-lane—they asked me to go with them, and I went to a public-house, and there was Pierce Donovan and Baston sitting there with a bag full of things—Baston asked Downes where he should put them—Downes said he would take a room in Whitechapel—there were two sets of bed-furniture, which are here, and two little candlesticks, and a branch—they asked me to pawn them, and I did, one lot for 6s., at Mr. Fleming's, and another for 3s., at Aaron's—Baston said the bag was just big enough to fetch what he had—Downes said he thought it was when he first lent it to him—the branch was given to Jamaison next morning, by Baston and Downes, to take out to sell for them, to put it away for them at least—Jamaison was taken by a policeman on the Sunday morning—when I was afraid the policeman would come to my place and see the candlesticks there, Downes said they had better be thrown down the necessary—he took the bottom off the branch, and threw it down, and I threw the other part of it down—Baston put a broom down the leg of his trowsers, and took it out on Sunday morning—Downes told me on Monday that he had sent Baston to pawn it, and he waited about for half an hour, and, as he did not come out, he came away—Downes took the stand and branch-candlestick out of the privy on Monday morning, and cleaned them, and said he would get somebody to call for them—on the Saturday Baston came over, and said he wished to send a letter to his master—I got him pen and paper—he wrote a letter, and Stevens took it to his master's—he returned, and said his master wished to see him at a public-house—Baston went, and came back and said his master said, if he could get the papers belonging to the bed-furniture that was pawned, he would give 5s., and would not hurt a hair of any body's head, and that he had given him 3s. 6d. to help himself.
ABSALOM PROUT . I saw Collatty in Company with Downes and Stevens, at the Cherry Tree public house, in Back Church-lane, last Saturday fortnight; they brought a big black bag in with them, about half full—I did not see the inside of it.
SARAH SNILL . I am the wife of Robert Pring Snill. I let a down stairs front room to Downes and Stevens, on the 19th of November—I asked what they did for a living—they said they sold flints and steels, and tinder-boxes, which they had with them—I saw nothing of any bag.
THOMAS JEROME . I am a pawnbroker in Union-street. I produce a candlestick which was pawned on Monday the 21st of November, for 1s., by a creditable-looking woman, in the name of Mary Smith—it was not Collatty.
TIMOTHY M'CARTHY . I am a policeman. I am called into the pawnbroker's shop at Deptford—he stated that a young man had offered a broom in pawn, this is it—Baston was in the passage—I asked him how he came by it, and he told me to ask him no questions—I took him into custody—I
searched him, and found a little sconce of a branch which Mr. Creswel claims.
MARY BAYLEY HODGES . I live at Deptford. On Sunday the 20th of November, Baston and Downes came to my house about three o'clock, with a very dirty bag, and asked for a lodging—they threw it under their bed—they slept at my house that night together, and went away in the morning—I am certain of Baston, and I believe Downes to be the other—I knew them both before the Magistrate.
(Property produced and sworn to.)
Baston. Stevens is quite innocent.
Downes' Defence. When I lent him the bag, I did not know what he was going to do with it—he promised me some broken victuals of his master's, and a pair of trowsers—I met him where I was selling my flints and steels.
Stevens' Defence. I know nothing about it.
(The prosecutor gave Baston a good character.)
BASTON— GUILTY . Aged 18.
DOWNES— GUILTY . Aged 18.
Recommended to mercy by the Jury and prosecutor.— Confined One Year.
STEVENS— NOT GUILTY .
JOHN LAW . I am a policeman. I met the prisoner in Islington on Thursday, with a bag on his shoulder—I asked with he had got in it—he said he stone-picher which he had bought and paid for, and was going to sell the bag—he asked me to buy it, and pulled it out of the bag—I asked where he lived, he refused to tell me, and I took him to the station-house—I found a ticket in the pitcher, with the price 2s. 8d. on it.
Prisoner. I purchased it in Holloway, of a man in the street.
NOT GUILTY .
THOMAS MORRIS . I am a coal-merchant, and live at Swan-wharf, Ratcliff. On the 2nd of November I employed the prisoner to deliver a ton of coals, and gave him a bill and receipt with them, they came to 27s.—when he returned, the clerk asked him in my hearing, "Have you received the money?"—he said, "Yes"—I said, "Come in and leave it here"—he said, "Ay, ay," and proceeded to the stable to put the horse away—he absconded without paying it—I afterwards found him in custody—I have never received the amount from him.
EDWARD KENNEDY . I am a policeman. I apprehended the prisoner in consequence of information from Mr. Morris—I was present at his examination before the Magistrate—when the evidence was read over to him, he said he was guilty; that was taken down—(read)—the prisoner says, "I am guilty if the crime—I was intoxicated at the time it happened."
GUILTY. Aged 29.—Recommended to mercy. — Confined Three Months.
MR. PAYNE conducted the Prosecution.
SOPHIA MORGAN . I am the wife of George Alexander Morgan, and live in Hadlow-street, Burton-crescent. The prisoner was at my house nearly a month, and left on the 8th of November—she was very ill and I took her in, knowing her before—she left without telling me she was going—about half an hour after she left, I missed a cloak and some pieces belonging to it, a pair of stockings, a towel, a diamond ring, and a coat—I did not see her again till the 21st, when she was in custody—these stockings, cloak and towel, I know to be mine (looking at them.)
Cross-examined by MR. DOANE. Q. Have you any mark on the stockings? A. No—there is a mark on the towel—it was made by my daughter—I knew the prisoner before—I took her in out of mere charity—my husband is a tailor—we occupy all the house—we have no lodgers—I had none when she was with me—my daughter made this cloak—it was not made for the prisoner—I swear that positively—I know Margaret Newman—she is a washerwoman—I was never in company with my daughter and the prisoner and her—she used to come backwards and forwards to the prisoner—we never had gin together—the prisoner never said that I had got the cloak for her, nor any thing of the kind—I never received a sixpence from the prisoner in payment of the cloak.
MR. PAYNE. Q. How much is the cloak worth? A. It cost me 4l. before it was made—I took her in from charity.
JOHN WALL (police-constable C 63.) I received charge of the prisoner, on the 19th of November, from Mrs. Barrett, in Regent-street—she denied the charge—I asked where she lived—she tole me, and, after taking her to the station-house, I went to the address she gave me, which was "No, 31, John-street, Edgeware-road"—I opened the door of her room with a key she had given me, and found a pair of stockings, wrapped up in a towel, which I have produced—she had told me that she had the cloak—that is was made for her, and it was had on tally, and it was pawned.
Cross-examined. Q. What you say the denied it, she was charged with stealing it? A. Yes—she did not tell me where it was pawned—Mrs. Newman gave me a quantity of duplicates.
MR. PAYNE. Q. Mrs. Newman is the washerwoman? A. Yes—she gave up sixteen duplicates, after some remonstrance, without the cloak; and on my telling her she would get herself into trouble, she went out for the one for the cloak, and produced it.
RICHARD AVANT . I am shopman to Mr. Ridpath, pawnbroker, in Upper Seymour-street. I produce a cloak, which was pawned with us on the 10th of November for 1l. 10s., in the name of Mary Hunter, 15, Drummond-crescent, by a middle-aged person, not the prisoner.
HARRIET BARRETT . I am the wife of John Barrett, of Weston-street, Pentonville—he is a traveller. I made this cloak for my mother, the prosecutrix, and she wore it—I made an ilet-hole in this towel, as I could not mark, and I know this is my mother's towel.
MR. DOANE, for the prisoner, stated that the prosecutrix kept a house of ill; fame, and had agreed to sell the prisoner the cloak to walk the streets with.)
MARGARET NEWMAN . I am single, and live in Lancaster-street with my mother, who taken in washing. I know the prisoner and prosecutrix—I recollect seeing them together about a fortnight or three weeks ago in
Mrs. Morgan's own house—Mrs. Morgan said she got the cloak for Miss Lewin on weekly accounts—nothing more was said then, but I went home the night the prisoner left, and saw the prosecutrix, who said, "Miss Lewin is gone with the cloak"—I said, "Will you wait till she returns?"—she said, "I will swear a felony against her"—I said, "How will you do that?"—she said, "you will see—when I went out to market I left my cloak on the bed, and when I returned the prisoner was gone with it"—I have seen the prisoner with cloak for a fortnight, and Mrs. Morgan came to our house, and told me and my mother that she had got it for the prisoner to go out in to obtain money on weekly account—she is an unfortunate girl.
JURY. Q. What house is Mrs. Morgan's? A. A house of ill fame—I have lived next door to it for twelve months, and I know it—I heard Mrs. Morgan say to the prisoner, "Will you buy these stockings?"—she said, "I have no money to buy them"—Mrs. Morgan said, "I will never ask you for the money for them if you never pay me"—the prisoner has come to our house with that cloak on, when my mother has been at house.
MR. PAYNE. Q. You lived servant at some house? A. Yes, at Mrs. Nicholson's No. 33—she kept a house of accommodation, just the same—I do not live there now, but in Lancaster-street—my master is a cab-conductor—I did not walk out with the prisoner—she had a fit of illness—I am now a respectable servant—I lived at Mrs. Nicholson's for twelve months, but I did not know the character of the house till I went—I came away when I could not get my money.
COURT. Q. Do you know whether the prisoner paid he prosecutrix for lodging? A. I do not know—she had lodgings when Mrs. Morgan decoyed her.
MRS. MORGAN. re-examined. I never expected to receive any thing for the prisoner's lodging—I thought her sister was going to take her away. and her sister sent her a letter a few days before she ran away—I took her out of compassion—she never lodged with me for hire—she was not to pay me a farthing—I merely had her never there till she got well—she fared as my children did, and slept with them—these woman lodged in my house when I took it, and I was to get rid of them—they were there three weeks or a month—I never had any one in my house—I had no lease of my house—they are all let in that away, to get rid of people who keep bad houses—I have not heard of my diamond-ring.
NOT GUILTY .
WILLIAM ARNOLD (police-constable N 241.) On Sunday morning, the 27th of November, I met the prisoner in Kingsland-road with a bundle under his arm—I asked him what it contained?—he said, "Some things"—I asked him what things—he said bridle and a pair of reins, and he was going to take them to an uncle in town to sell them to him—he said he had them from a man at Southgate, and he was to sell them, and get 10s. for them, or what he could, and was to have something for his trouble—he told me he never saw the man before above once, and that he was a stranger to him—I found a pair of traces under his smock-frock besides which he never mentioned to me.
night, and on Sunday morning at six o'clock I went and found it broken into, large enough for a person to get in—I missed the reins, bridle, and traces, which were quite safe at 8 o'clock the evening before—these are them—they belong to Mr. Thomas Freeman—I never saw the prisoner before.
Prisoner's Defence. I had the things given to me for sale—I do not know the man's name—he told me to meet him at such a place—I said I would, and would sell them for him if I could.
GUILTY. Aged 25.—Recommended to mercy. — Confined Six Months.
140. GEORGE BANKS and SAMUEL BOUVIR were indicted for stealing, on the 22nd of November, 2 boxes, value 1s.; and 1/2 cwt, of raisins, value 2l. 17s. 6d.; the goods of Daniel Levy and others.—2nd COUNT, stating them to be the goods of James Stowers.
JAMES STOWERS . I am carman to Daniel Levy and Sons, fruit-merchants Botolph-lane, Lower Thomas-street, I received five boxes from their warehouse to carry to Mr. Badger, a confectioner in Bishopsgate-street—I went to several places with my cart—the last place was to my own house, in Fashion-street, Spitalfields, to have my dinner—I left the cart at the corner of the court where I live, and left my little boy in it to mind it—he came running in-doors to me in ten minutes or a quarter of an hour—I went, and missed two boxes out of five which were in the cart when I left it—in consequence of information from a young woman, I went up a court opposite, and met Bouvir in the court—he asked me what I had lost?—I told him two boxes of fruit—I went on, and met a little girl, and, in consequence of what she said, I went and found one box on the stairs of a house in Union-court—I was coming out of doors with it, when the officer came and took it from me—when I met Bouvir, he went up the court into the house where I found the box.
Cross-examined by MR. CLARKSON. Q. How long have you been in the prosecutor's service? A. Nearly three years—I have seen Bouvir before—coming to a house I have been in—he went into the house directly after he asked me if I had lost any thing—I did not se him in the house—I found the box about ten minutes after.
ELIZABETH AULT . I live in Fashion-street, I saw Banks take the boxes out of the cart, and give them to a man in a white coat, who was about the height of Bouvir—I do not know how many he took—I did not see them, but when I saw them taken to the station-house I saw they were boxes—the man he gave them to, took them up Union-court, and Banks fellowed him—I had seen Banks before in Fashion-street, passing my father's door.
Cross-examined Q. You saw he was dressed in a white coat; how was the other dressed? A. As he is now, in dark clothes—it was the man in dark clothes who took the things, and gave to the one in the white coat, who was just by the cart—I cannot be mistaken in that.
ELLEN TOWNDROW . I am eleven years old, and live with my father in New-court, Fashion-street. On the Tuesday in question I was going up Fashion-street, and saw the cart standing just at the end of Fashion-court—it had five boxes in it—I saw a man in a light coat take two boxes out of the cart, and take them down Union-court—I only saw one man—the prisoner Banks is the man—I did not see any body near him, or running—I do not know him by his face, only by his coat and his height.
Cross-examined. Q. Were there two persons in light coals at the police-office?
A. Yes—I only speak from the colour of the coat—that is all—I remember Ault saying it was not the man in the light coat, but another, who took them—I am quite sure it was the man in the light coat—I saw him take the boxes out of the cart, and run down the court with them—I did not see him go into any place—I saw but one person, just against the cart-wheel—I did not see any man go into a house.
WILLIAM ALCOCK . I am a carpenter. I was coming up Fashion-court, about two o'clock, at the end nearest Fashion-street, and saw the back of Banks cross the court—I had seen him several times before in the street—he was dressed as he is now—I did not see him take any thing, only walk from the end of the cart, and go down Union-court—he was close to the end of the cart—I have no doubt he is the man—I did not see his face.
Cross-examined. Q. Then you only saw him passing by? A. No—I saw nothing with him—he was going away from the cart when I first saw him—I could not undertake to swear he had nothing in his hands—I cannot say whether he had any thing in front of him—he walked along with his hands by the side of him—he could not have any thing before him.
WILLIAM ROWLAND . I am a policeman. In consequence of information I went to the second house in Union-court, about two o'clock on Tuesday, and in the passage saw Stowers, with the box in his hand—I took it, and have had it ever since—before I got there I saw Banks walking away from the house the box was found in—somebody outside said the man had gone into that house—I waited in the passage till my brother-officer came to assist in searching the house, and while waiting heard somebody come up the cellar stairs very softly—I made towards the top of the staircase, and observed Bouvir just as he got to the top—I said, "What have you been doing down there?"—he said, "I have been to see a friend"—I said it was a strange thing to go to see a friend in a cellar, and took him into custody—I went down into the cellar afterwards with a candle, but found nothing but a parcel of bricks and rubbish.
Cross-examined. Q. Was the door of the house open, or shut? A. Open—Stowers was coming out—I stated before the Magistrate that it was a curious thing he should go to see a friend in a cellar, but it was not put in the deposition, and I did not think it material to tell clerk he had omitted it.
WILLIAM CHADWICK . I went with Rowland to Union-court, and directly I got in I saw Banks walking up the court, as if he was passing through—Alcock said, "This is the man"—I ran after him, and told him I wanted him—he asked what for—I said concerning a box taken out of a cart in the court—he said he thought I must he mistaken—I said he had better come back, and we should see—I took him to Alcock, and he said, "That is the man"—I then took him to the station-house, and returned to the house, where I found Rowland with the other prisoner and this box.
MR. CLARKSON to STOWERS. Q. Did you say before the Magistrate that Towndrow had told you she had seen the man go into the house? A. No—I was told by a little girl, but could not be on oath whether it was her or not.
NOT GUILTY .
NEW COURT.—December 6th, 1836.
Fifth Jury, before Mr. Common Sergeant.
JOHN DEAN PAUL , Esq. On the afternoon of the 18th of December, about half-past five o'clock—I was in Drury-lane—I observed the prisoner—I am certain he is the man—I saw a gentleman approaching, and the prisoner was behind him—I observed him take something from his pocket—I called to the gentleman, and told him he was robbed—the prisoner ran across the road instantly—I ran after him into Short's-gardens, and secured him—he was standing still when I took him—I brought him across the street to the light, and there saw him take a handkerchief from his pocket, and throw it from him—I saw a gentleman pick it up—the prisoner resisted when I attempted to take him—he became very violent, and drew out his knife, and said, "I will rip up this b----y snot"—at the moment the policeman came up—I do not know who the person was from whom the handkerchief was taken—I fancy he did not hear me.
Prisoner. You hit me on the shoulder with your umbrella, and threw me on the ground, but I took out no knife. Witness. No—I threw you you on the ground, because you threatened to kick my shins—I cannot swear that I saw the knife in his hand, but by his action I am sure he drew it.
Prisoner. This gentleman came and laid hold of me, and said I had picked some gentleman's pocket—I never took out my knife—I never saw the handkerchief—I saw some other boys run across the road.
GUILTY . Aged 19.— Confined Six Months; Three Weeks Solitary.
SAMUEL STRONG . I reside at Hadley, near Barnet; the prisoner was in my employ for twelve months as a carter. On the 8th of November he left my house, at half past two or three o'clock in the morning, with a load of hay for London—he ought to have taken thirty-six trusses for the load, and forty pounds for the horses—he had no permission from me to leave hay any where on the road—on the same morning I found these two trusses at the police-station, which are mine, I swear.
Cross-examined by MR. PHILLIPS. Q. What is the value of this hay? A. Half-a-crown—he had three horses with his cart—I live about thirteen miles form town—I did no t see him before he started, nor see the hay put on the cart—I had given him directions to take a load of hay for London, and forty pounds for his horses—there is a very particular way of making up the forty pounds, which I can explain—I saw it made up—I have been asked by the prisoner's solicitor to give the address of the man who bound the hay—I did not give it—he is to be found at my house—I did not think proper to give his address—I have not the least idea what he wanted it for—the binder was never asked to swear to the hay at the office—Mr. Robinson did not tell me he wanted this binder as a witness for the prisoner—I swear that—I did not give it a thought of what he wanted him for—I was very much annoyed by him—it was in presence of the Magistrate that this took place—the Magistrate did not rebuke Mr. Robinson for any impertinence—I have brought the witnesses for eight days to London, and
this is the ninth day—I applied to the Magistrate yesterday for the expenses—Mr. Bonnet refused it—he said he did not think I was the person that was entitled to them—I said I did not ask them for myself, but for the Barnet policeman whom I brought to town—and then they had to go home—the prisoner knows the binder's address—he lived with him at my house—I did not bring that binder at all any day through to this sessions.
JAMES PERCY (police-constable N 172.) I was on duty on the morning of the 8th of November, opposite the Crown public-house, in Holloway-road, and about half-past five o'clock I saw the prisoner stop his horses opposite the water-course—he then went to the cart, took a truss of hay out and took it into the stable of the Crown—he then went back to the cart again, took out a cloth, and took that into the stable likewise—he then came out and spoke to the horses to send them on—then another man came out from the stable, but I do not know who he was—I went to the prisoner, and asked him what he had put in the stable—he said he had taken in a cloth—I said, "You have taken in hay"—he said nothing to that—he stood against the door, and I went into the stable, and saw the truss of had and the cloth lying under the manger—there was no other hay in the stable—I compared it with the truss on the top of the cart—they were both Rowen hay—the load was coarse hay—I then took the truss out of the stable, put it and the cloth on the top of the cart, and took the prisoner and the load to the watch-house—the name on the cart was Samuel Strong, Hadley, Middlesex.
Cross-examined. Q. What do you call this? A. Rowen hay—it is a fine sort of hay, the second crop—the hay on the cart was not of the same kind—I have bought many loads of hay—Rowen hay is bought in a great measure for cows—horses might eat it—the truss on the top corresponds exactly with this—the man did not attempt to run away—I do not know where Mr. Strong lives—he says he lives thirteen miles from London, and that, I suppose, is about eleven miles and a quarter from where I took the prisoner.
I was on duty, and saw the prisoner take one truss into the stable—he put it as near under the manger as he could get it.
MR. PHILLIPS called
GEORGE ROBINSON . I am clerk to Mr. Tomline, the solicitor. I remember Captain Strong attending Hatton-garden on this case—there was a man produced there, called the binder, on one occasion—on the following examination, I applied to Mr. Bennet, to know why this man had not been brought forward—Mr. Bennet said to Captain Strong, "Why have you not brought him?"—he said, "I did not know there was any occasion"—I said "I want to subpœna him"—and I said to Captain Strong, "Will you give me his address?—"No, "—said he, I will not"—he was then sigining his deposition close to me—he was in such a state of excitement that I do not think he knew what he said—he said, before going in, that it was only such fellows as me that supported these man, and we should not stand on our legs long.
GEORGE HAMBLETON . I am ostler at the Crown. The prisoner has been in the habit of leaving one of the horses at the house several times—he has left a little hay for them—he has gone on to town leaving one behind, and on his return, taken it and gone on—that is a common custom in the country—several to them do it.
COURT. Q. Were you up on this morning at half-past five? A. No—the horses stop outside, and feed out of the crib—on returning, they generally
keep their hay with them on the cart—I do not know exactly what hay I should give three horses for twenty-four hours.
MR. PHILLIPS. Q. If, when he returned from London, the horse had not finished his hay, he would have the power to take it away? A. Yes.
JURY. Q. It is usual when a man leaves a horse, to leave some hay for it to feed upon? A. Yes.
NOT GUILTY .
THOMAS NICHOLAS NEALE . I live in Osborne-street, Whitechapel, and am a plant-broker. The prisoner is in the habit of attending sales—on Monday evening, the 28th of November, between nine and ten o'clock, I was loading a cart at Crown-court, Fleet-street, with a steam-boiler and large leaden cistern—this was the waste pipe of it—the prisoner was there—I went to fetch my horse and cart—I returned, and one of the men told me something—I had bought this waste pipe—I had seen the prisoner about there very busy, and took him I did not want him.
WILLIAM PRICE . I was employed at this sale, and while my master was gone for the cart, I saw the prisoner there—he sad "I may as well take this lead out and put it into the cart"—I said, "Very well"—I put it into his hand, and he took it into the court, and walked away with it—I did not see him again till he was at Guildhall—I gave him the lead between nine and ten o'clock.
Prisoner Q. Did you see me to down the court with it? A. No—you were the only person there when I put the lead into your hands.
WILLIAM LAMBERT . I live in Red Lion-court, Fleet-street, and am a publican. About nine o'clock on Monday, the 28th of November, a man came into my passage—the prisoner is something like the man—he left some lead with me—he came in and passed through the passage rather quicker then he ought to do, as though he was going into the back yard—I said, "What he you want?"—he said, "I only want to leave this for a moment or two, while I get a half a pint of beer"—I said, "You cannot leave it here"—he said if you doubt any thing, my name is so and so, mentioning some name—he left lead with me, and two men called the next day, and said something to me.
Prisoner. I know nothing of it—I went to get a drop of porter at the Green Dragon, and this gentleman said that I had stolen the lead, which I had not—I received the lead, and left it in the court, which I was desired to do.
GUILTY. Aged 30.—. Recommended to mercy by the Prosecutor.
Confined Three Months.
JOSEPH FLEMONS LAWLEY . I live in Noble-street, Clerkenwell, and am a cabinet-maker. On the 27th of October I lost a saw—the prisoner was working for me in a shop of his own—he had worked in my shop a week before—I met him and gave him in charge for stealing a for stealing a saw which I lost—to took this saw from under his coat, and a pair of pincers, and gave them to the officer, and said they were mine—he took them from my shop, and sold some of the work I gave him to do—I had missed the saw about three days before.
Prisoner. I was working on his premises—he came in distress, and told me to pledge his property—I had work of his to do, and I took his tools to do it—I went for my property, and he told me to take an apron and a desk, and pledge them. Witness. I did not—he had received in the week 1l. 5s., and an Saturday night 9d.—I had paid him in advance, he only earned 15s. that week—I never pledged my own tools—I was not in distress while he was with me—I have been in distress though his not delivering the goods he had to work—I had advanced him 3l. out of 4l. which I should have had to give him if he had finished the whole work, but he finished part and sold it, and bought stuff and set up in business for himself.
JURY. Q. Had you employed him long? A. Seven or eight weeks—I had paid him between 8l. and 9l.—he brought the tools, but would not give them up—that was after I sent for them—I do not know why he refused to give them up—he said that I had robbed him—I do not know what he said—I said, if he did not leave the tools in the hands of my wife, I would apply for a policeman—he had a coffee-pot, a stone, a hat, and basin at my shop, and I said the should have his property, if he gave me mine.
NOT GUILTY .
SAMUEL SUMMON . I live in Red Lion-square, New Inn-yard, and am a harness-maker. I was passing Holywell-lane, and saw the prisoner and two other boys lurking about the prosecutor's—I concealed myself in a court—I saw the prisoner leave the other two, and take the boots from the shop—I followed him to Shoreditch, and took him, and asked what he had got—he said "Nothing"—I took up his apron, which I had seen him put them under, and he dropped the books—I took them up.
GUILTY .* Aged 16.— Confined Three Months.
JANE THOMPSON . I lodge in Eagle-court, Holborn. The prisoner lodged in the house—I saw her go out, on the morning of the 29th, with my shawl on her shoulders, and my shoes and stockings on her feet—I was unable to go after her, but I desired the servant to stop her—I met her that night in Red Lion-square very drunk, and gave her in charge—these things were on her—I never let her use them before.
Prisoner. She lent me them, and offered me a dark gown too. Witness. I did not—I had not been in liquor the night before—she left her shawl behind her—she had nothing else then.
Prisoner's Defence. I am an unfortunate girl, and she prosecutrix is the same; and her word is not to be relied upon, as she has been in the House of Correction.
NOT GUILTY .
SARAH WELDING . I live in Green-street, Kentish-town. I was going down Chapel-street, Tottenham-court-road. with a bundle, on the 16th of November, about seven o'clock—the prisoner came by my side as I was going to turn the corner of Chapel-street—he passed me, and snatched the bundle off my arm—I cried, "Stop thief!" and he was afterwards brought back—Jones brought the bundle—these are my things which I lost.
GEORGE PITMAN . I live in Grove-place, Hampstead, and am a tailor. I was passing Chapel-street, and saw the prisoner running—I heard a cry of "Stop thief!"—I pursued him—he threw down the bundle—I ran over it, and took him—Jones brought it back.
JOHN JONES . I am eleven years of age. I was in Chapel-street, and saw the prisoner come by the side of the lady and take the bundle off her arm—he ran across the road, and the gentleman ran after him—he threw the bundle down, and I took it to the lady.
Prisoner. It is my first offence—I leave it to the mercy of the Court.
GUILTY. Aged 17.—Recommended to mercy by the prosecutor and Jury.
EDWIN LLEWELLIN . I am in the service of Daniel Gunstone, a cheesemonger in St. John-street. On Wednesday, the 16th of November, I was in the back of the shop—the prisoner came to the window, and I saw her hustling something under her cloak—she then came in, and asked the boy if he wanted to buy a bottle of smuggled brandy—I went up, and she asked me if I wanted a nice bottle of brandy—I said, "No"—she went out—I went out, and missed the bacon—I took her into the shop, and the bacon was under her cloak.
Prisoner. The gentleman was in the parlour—I never came out of the shop at all. Witness. I was in the back of the shop by the parlour door, and as soon as I saw her on the pavement I knew her.
GUILTY . Aged 28.— Confined Six Months; Three Weeks Solitary.
account, but sometimes he did receive bills—it was his duty to pay it a me when he received it—if the received 8s. 6d. from Mr. Coxhead, it was his duty to pay it to me, but he did not.
Prisoner. I did not do it for fraud—I came home on Friday evening and mentioned it to the prosecutor's brother, Charles Walker.
Prisoner. I was going to open a shop in the same street, on the Monday, and it is not likely I should have done this so close to his house—perhaps he does this to hinder me of a living.
NOT GUILTY .
CHARLES CROSBIE . I am shopman to James Aldous, and sleep in the same room with the prisoner. Between eleven and twelve o'clock, on the night of the 17th of November, we were going to bed—he was pulling off his trowsers—I asked what he had dropped—he said, "Only an old ticker"—I asked him who it belonged to—he said, his aunt, and he was going to get it repaired—I insisted upon seeing it, and took it down to Mr. Aldous—he came up, and the prisoner then said he took it from the strong-room.
Prisoner. I was going to see a few friends, and took it to wear, I would have returned it again.
GUILTY. Aged 16.—Recommended to mercy.— Confined One Year.
CHARLES JARMAN . I am a draper, and live in Smithfield. On the 19th of November I was in John-street, and saw the prisoner with another person, who cast his arm round the door-post of the prosecutor's shop, and took this clarionet—he gave it the prisoner, who put it under his coat—I turned to the shop, and said, "Here is a fellow who has stolen your music"—the prosecutor came out, and they crossed the road—I lost sight of them till I found the prisoner in custody—I went to the station, and saw the prisoner—I am certain he is the man—they stood laughing at me till I gave the alarm.
Prisoner. I stood at the corner of the street, and he chucked it down at my feet. Witness. You were not fifteen paces from me when you took it—I had seen them both together at the window.
JAMES PRIOR . I live in Northampton-street, Clerkenwell. I came out of a shop in John-street, and saw the prisoner and another person running—I ran after them, and called, "Stop thief," and the prisoner dropped the clarionet at his feet—I took it up, and asked him how he came to take it—he said he did not take it.
(The prisoner received a good character.)
GUILTY . Aged 19— Confined Three Months.
ROBERT DAVISON . I am an engineer in the service of Thomas Fowell Buxton and others, brewers in Brick-lane. The prisoner was in my employ as a carpenter, and was at work at a public-house in Petticoat-lane—in consequence of information, on the 28th of November I went to a house in Wentworth street—I found there a deal board thirteen feet long—I took it to a house in Petticoat-lane, where the prisoner was at work, and compared it with two other boards there which were cut off the same plank, and found they corresponded both in the knots and in the cut—I asked how he came to take the board to the house in Wentworth-street, instead of bringing it to the job—he said, "I dont, know"—I gave him in charge—this is the board—I do not know whose house it was found in.
Cross-examined by MR. DOANE Q. How far is it from Petticoat-lane? A. Scarcely a quarter of mile—there would be four boards cut off the plank—I did not see four, there was some work of the firm going on in Petticoat-lane—we have many women employed there.
WILLIAM RICH . I am the son of William Rich. Between one and two o'clock I saw the prisoner go from the prosecutor's to wentworth-street, with three boards on his shoulder—he went into a house there with the three boards, and brought two out, and took them to the public-house in Petticoat-lane—I was watching him all this time.
Cross-examined Q. How do you know it was the prisoner's house? A. Because he said so at Worship-street.
THOMAS CORNISH (police-constable H 171.) I went to the house in Wentworth-street, and found one board there—I compared it with two others in Petticoat-lane—they corresponded exactly—Mr. Davison said, "Why did you place the board in your house in Wentworth-street, instead of bringing it to the work"—he said, "I do not know."
MR. DOANE. stated for the prisoner, that he had to carry the three boards to Petticoat-lane, and finding them too heavy, he had left one at his own house, intending to fetch it afterwards.
(The prisoner received a good character.)
GUILTY. Aged 40.—Recommended to mercy. — Confined Two months.
RICHARD SEXTON . I live in Old-street, and am broker. On hearing a noise on the 25th of November in the evening, I ran out, and found the prisoner charged with stealing a bedstead, which had been standing on the step of the door, tied to the door-post—when I came up, it was lying on the pavement—he had nothing to do with it.
saw the bedstead fall into a person's arms—I ran up and collared the prisoner—he laid it down on the pavement, and said he did not mean to take it—it fell against him, or he fell against it—I had seen it placed upon the step of the door—ha had removed it between one and two feet.
Prisoner. I had been drinking, and this stood on the step—I ran up against, it, and knocked it down—in trying to catch it, I fell down on the pavement and the bedstead with me. Witness. He came into my shop, and asked if I had a knife to sell—he appeared flurried.
JAMES MORE . He had removed it about two feet—he did not appear to be drunk—I had seen a man trying to get it down four or five times—I cannot say the prisoner is the man that tried it—but I saw him with it.
NOT GUILTY .
154. SARAH BRADSHAW was indicted for stealing on the 21st of September, 1 yard of carpet, value 4s.; 1 tea-caddy, value 5s.; 2 pillow-cases, value 1s.; 2 bolsters, value 4s.; 1 bolster, value 5s.; 2 blankets, value 12s.; 1 table-cloth, value 1s.; 1 towel, value 1s.; 1 printed book, value 5s.; 2 tumblers, value 1s. 6d.; and 1 set of irons, value 5s.; the goods of Elizabeth Tilsed.
Prisoner's Defence. My prosecutrix has sworn falsely—she knew of these things being gone about four months—when I was taken, to Worship-street the clerk told me that she had been there five weeks back—when I have talked to her, she said if I would let her have 10s. or 12s. I might let them be—what I did was through distress.
GUILTY —Aged 38. Confined Six Months; Three Weeks Solitary.
CHARLES BARNET . I am a pawnbroker, and live in High-street, Camden town. I have a pair of shoes pledged by the prisoner in his own name. WILLIAM STOREY BARBER. I produce two boots pledged by the prisoner on the 26th of November.
GUILTY . Aged 19.— Confined Six Months; Four Weeks Solitary.
WILLIAM HODSON . I live in Panton-street, and am a surveyor, On the morning of the 1st of December I was at the corner of Holborn, in Drury-lane—l felt a tug, and missed my handkerchief—I saw prisoner running, and followed him—he threw down my handkerchief—I took it up, and then caught him.
GUILTY . *Aged 15— Transported for Seven Years.
GEORGE WORCESTER . I live on Holborn-hill. The prisoner was in my service a month ago—on the 4th of November he took a waistcoat from the shop, and said he thought he had got a customer for it, Mr. Jacobs of Saffron-hill—he came back, and said he had left it—he did not bring me any money for it—I know Mr. Jacobs.
Prisoner. Q. Did you not, about the 20th of October, give me that same waistcoat to alter? A. I did; I never said that you might have it by paying of it at 2s. a week—he had no authority to pledge it.
JACOB JACOBS . I live in Great Saffron-hill, and am a furrier, and deal with the prosecutor. I never asked the prisoner to get a waistcoat for me—I never had one of him—I never spoke to him about one—he never showed me a pattern card—he showed my father one.
Prisoner's Defence. I always anticipated I might have it by paying 2s. a week.
GUILTY. Aged 33.—Recommended to mercy by the Prosecutor, who engaged to employ him again. — Confined Ten Days.
158. WILLIAM FLETCHER and CAROLINE DEAN were indicted for stealing, on the 14th of October, 1 bolster, value 8s.; 2 pillows, value 8s.; 1 blanket value 7s.; 2 sheets, value 6s.; and 1 tea-pot, value 1s.; the goods of William West.
WILLIAM WEST . I live in Carnaby street. The prisoners occupied a ready-furnished room at my house for about three months—Fletcher took the room—they passed as man and wife—but at the office the woman called herself Caroline Dean, and she said she was not his wife—I received information, and examined the room, and missed all these articles.
ALFRED DUMBRELL . I am in the service of Mr. Harris, a pawnbroker in Wardour-street. I have a bolster, blanket, pillow, and two sheets, pledged by a female, I do not know who—I only took part of the things in—these are the duplicated of them.
Fletcher. It was through distress—they were pledged a different times, as we were in distress.
FLETCHER— GUILTY . Aged 31.— Transported for Seven Years.
DEAN— NOT GUILTY .
159. FREDERICK ITZINGER was indicted for stealing on the 4th of November, 3 quarts of split-peas, value 1s., the goods of William Burrows, his master; also, on the 13th of October 100lbs. weight of coals, value 1s. 6d., the goods of William Burrows, his master; to which he pleaded
GUILTY. Aged 23.—Recommended to mercy. — Confined One Month.
ROBERT GREEN . I am an oilman. The prisoner lived with me as porter for the last twelve months—he was authorized to receive money for me, and to account daily for it—he has not accounted for 1s. 6d. received on the 21st of September, or 6d. on the 28th of September, or 13s. 5d. on the 1st of October, received from Mrs. Moreton.
Prisoner. The 1s. 6d. is accounted for—I have lost my book, or I should be able to show it. Witness. If he had, I should have crossed it out in his presence; but the book is not here.
(The prisoner received a good character, and pleaded poverty.)
GUILTY. Aged 32.—Recommended to mercy. — Confined Three Months.
WILLIAM COLLETT . I live in Hoxton Old Town, and am a cheesemonger. On the night in question at half past eleven o'clock, the prisoner came in with a little boy—I saw him take some pork, and stopped him at the door, but he had handed it to a woman who was with him, and who had bought a few cuttings that came to fivepence—while she did that, he took this—it was afterwards found at his lodgings—the woman was there with it—I am sure it was his lodgings.
Prisoner. I was drunk, and what the woman did, I do not know. Witness. He was not so drunk but that he knew what he was about.
ROBERT DAVIS (policeman constable N 169.) I went to a house in Ivy-lane, which I believe to be the prisoner's—I found this pork, and the woman—I took the prisoner from the prosecutor's shop—he said he knew he had done wrong, and he would pay for it—the woman is his sister-in-law, I believe.
JAMES WEBB . I am a policeman. I know the prisoner by being on my beat where he lived—I used to call him up at four o'clock in the morning to go to work—that was at the lodging where the pork was found.
(The prisoner received a good character.)
GUILTY. Aged 42.—Recommended to mercy by the Prosecutor.
Confined Two Weeks.
Second Jury, before Mr. Recorder.
JAMES BAKER . I live in Mount-street, Grosvenor-square. On the afternoon of the 1st of December I was in Long-acre, and went to the Piazza, Covent-garden—I was looking at some cloth there, when a witness told me my handkerchief was taken, and the prisoner was pointed out—I immediately pursued him—he went under the arch to the centre of the market, and round to the right again—I did not get my handkerchief again—I did not observe other people about—I had used my hadkerchief within half an hour—it was a red one with, I think, a yellow border, with "J. B." on it.
ABRAHAM FANE . I live in Raven-row, Mile-end and am a labourer. I was in Long-acre, and saw the prisoner—he pulled the handkerchief partly out of the prosecutor's pocket, and looked at it, and put it in again—the prosecutor went on and looked at some cloth, and then the prisoner took it quite out—I told the gentleman—we both pursued him to the middle arch of the market, he turned to the right, and then to the right again, before he was taken—he might have thrown the handkerchief away—I did not see it—he did not run, I believe, till the gentleman called, "Stop thief"—I pursued him closely—he ran two or three minutes, and had a full opportunity of throwing it away—it was a red colour, and apperd like a silk one—I told the prosecutor it was a red one when he found it was gone.
JAMES STACE . I am a constable of Covent Garden Market. I saw the prisoner running, and just as I stopped him Fane go to him—I searched him, but did not find the handkerchief that was described—I found a blue one upon him that he could give no account of—he ran in my sight for about twenty yards—in crossing the gangs the market he had an opportunity of throwing any thing away.
GUILTY .* Aged 18.— Transported for Seven Years.
JAMES WILLIAM CRAWFORD (police constable G 131.) About four o'clock in the morning of the 29th of November I was at the top of Field-lane—I saw the prisoner with a belly-band and a whip—I took him, and found a piece of cord in his pocket—he said he had found them—I went to a stable in Fox court—I found a trap over the door which leads to the stable open, and marks outside where some person had come down—the cord I found on the prisoner was long and strong enough to let a person down there.
JONATHAN TAYLOR . I live with my mother, Mary Taylor—she has a partner, they live in Newgate-street, and are cheesemongers. This belly-band belongs to them—it was usually kept in our stable—there is a dwelling-house over the stable—a person could get in by going through the trap—it is a bit of wood that swings, and there are bars before it—one of them was out—I knew the prisoner—about a year and a half since we used to employ him about the house—I know nothing against him—this whip is my mother's.
belong to Mrs. Taylor—the stable is hardly a quarter of a mile from where the prisoner was stopped.
GUILTY . Aged 33.— Confined three Months.
JOHN HUNT . I live in Piccadilly, and am a cardmaker. Between eleven and twelve o'clock at night, on the 2nd of December, I was in Drury-lane, coming from the Olympic theatre, with my sister—I perceived something at my left-hand pocket—I turned, and saw the prisoner near me—I caught his left hand at my pocket, and with his right hand he passed my handkerchief to his accomplice—I saw the end of it in his hand—the other man went away—my handkerchief was safe a few moments before—I charged the prisoner with it—he said he had not got it—I kept hold of him, and gave him in charge.
Prisoner. Q. you say you saw the end of it in my hand? A. Yes—I believe I stated that at the office.
THOMAS PERRING (police-sergeant F 1.) The prisoner was given into my custody in Drury-lane—I was on duty on the opposite side, regulating the coaches, and saw the prosecutor dragging the prisoner towards me—he said, "I give this man into custody for stealing my handkerchief?"—I asked the prosecutor where the handkerchief was, and he said he gave it to another man, who ran away with it—the prisoner said it was not him that stole it.
JOHN HUNT re-examined. Q. Was you able to retain possession of the prisoner's hand till you had identified his person? A. I was—there can be on mistake as to whose hand I grasped—I am quite certain that, after I had got hold of his left hand, I saw him pass my handkerchief to another person.
Prisoner. Q. Pray, did you not catch hold of me by the collar with both hands? A. No, I did not—I was conducting my sister across the road with one hand, and caught him in the other.
GUILTY.—Recommended to mercy. — Confined Six Months.
WILLIAM HENRY MAIDENS . I am shopman to Mr. Edwin Storer, who is in partnership with his brother—he keeps a shoe-shop on Islington Green. On the 3rd of December I was in the shop between eleven and twelve o'clock in the morning—the prisoner came with another woman, who asked to see some laced boots, which I showed her—the prisoner was in the same room—I saw her move her chair towards the wall, she was looking towards the boots, and turned the chair towards the boots—I was fitting the other woman—she was disputing the price after choosing a pair—the prisoner hastened the other woman, and went out before her—I left the other woman in the shop, and followed the prisoner, I asked her to walk back with me—and when she got to the door she threw her cloak down, and threw down five pairs of boots which were concealed under it—she ran away, and I ran after her—I took her back.
Prisoner. When we came out we walked a little way, and this young man came and said, "Walk back," and when the other woman got to the door, she threw down the boots—he tore my cloak off, and broke the strings. Witness.
The prisoner walked with me to the shop door, and threw her cloak off, and threw the boots down—I did not see the other woman when I came back; I had left her in the shop—the prisoner threw her cloak first, and then the boots down—there was no interval between her throwing her cloak down and the boots—there was no other person near—when I took her, she fought desperately, and took off her pattens and beat me about my head; and when I got her into the shop, she said, "b----you, I have got a knife in my pocket—I will stab you with it."
NAPOLEON BELCHER . I live at No. 11, James-street, Ball's-pond. On the 3rd of December I saw the prisoner at Mr. Storer's shop, and saw her throw five pairs of boots down—I am sure it was her—I picked them up and took them into the shop, and she ran into the road, and left these boots and her cloak against the door—I saw the other woman run away as soon as she saw the prisoner brought back by Maidens.
(Property produced and sworn to.)
Prisoner. I did not steal the boots, and did not throw them down.
GUILTY .* Aged 17.— Confined Twelve Months.
BULLOCK— GUILTY .
BAKER— GUILTY .
DINAH SULLIVAN— GUILTY .
Confined Six Months.
MATTHEW SULLIVAN— GUILTY . Confined Twelve Months.
OLD COURT.—Wednesday, December 8th, 1836.
Third Jury, before Mr. Recorder.
167. THOMAS JOHNSON was indicted for stealing, on the 25th of November, 1 purse, value 6d.; 1 thimble, value 1s.; 1 sovereign, 2 half-sovereigns, 1 crown, 1 half-crown, and one £5 note; the goods and monies of Ann Wylam, from her person; and LEWIS ALEXANDER for feloniously receiving the same, well knowing them to have been stolen.—2nd COUNT, for receiving of a certain evil-disposed person; against the Statute &c.
MR. BODKIN conducted the Prosecution.
ANN WYLAM . I am a widow, and live in Norfolk-street, near the London Hospital. On Friday, the 25th of November, I got into an omnibus at five o'clock, by the London Hospital, to go to the Bank—the prisoner Johnson was the conductor, and Alexander the driver—I sat on the right-hand side, close to the door—the conductor was on my left as I went in—there was a female on the same seat as me, at the further end of the omnibus—a lady and gentleman got in at Whitechapel church, and alighted at Gracechurch-street—the lady continued on her seat all the way, and never moved—no one else got in till we got to the Bank—I had a purse in my pocket with one sovereign, two half-sovereigns, 4 duplicates, and a trifle of silver in it—about half a minute before I moved from my seat to get out I put my hand into my pocket to pay my fare, and found my purse perfectly safe, and a £5 note, which I also had folded in paper, with a crown piece and half-a-crown—it was wrapped up in paper, besides my purse, and
separate from it—that and the purse were quite safe when I arose from my seat—I paid Johnson sixpence—he was on my right-hand side as I got out when I gave him the sixpence—that was the side on which my pocket was—I noticed nothing particular, more than a brushing against my clothes nearly at the bottom of the steps—Johnson was then close to me—there was nobody to brush against me but him—it was on the side that my pocket was—I had a silver thimble, a pencil-case, and knife, also, loose in my pocket—I walked on to St. Paul's churchyard—I had not occasion to put my hand into my pocket again—I went into a shop there—I did not put my hand into my pocket there, nor till I returned home in the evening—it was five o'clock in the evening when I got into the omnibus—I missed my money about twenty minutes before seven o'clock when I got home—(I had left the omnibus about five o'clock)—on putting my hand into my pocket, I found it cut through my dress—my dress and pocket were cut twice, my purse, money, and thimble were gone, and the four duplicates which had been in the purse—one of the duplicates was for a gold chain pawned at Mr. Ashbridge's—I saw nobody but the conductor near me on the steps of the omnibus—Alexander was on the box.
JOHN ASHBRIDGE . I am a pawnbroker, and live in Broad-street, Ratcliff. A communication was made to me of the loss of the duplicate on Saturday morning, the 26th, and about ten minutes after, the prisoner Alexander came into the shop, produced this duplicate, and applied for the gold chain to which it refers—it was pawned for 30s.—it was worth about three guineas—he asked for the chain, and said he wanted to take it out—I said nothing to him, but immediately sent for the officer Roche, who came in, and then Alexander said he had bought the ticket of Johnson, and gave directions where Johnson might be found, and the officer found him by that direction.
ROBERT ROCHE (police-constable K 211.) I was sent for to Mr. Ashbridge's shop on Saturday morning, and found the prisoner Alexander there—he told me he had bought the ticket of a man named Johnson, who lived in Baker's-row, Mile-end, and gave 5s. for it—I asked him how Johnson came by it—he said he did not know—I took him to the station-house—he wrote a few lines to Johnson by me at the station-house, and told me I should find him at Mile-end gate, as he was returning from the west end in a bus—I went and found him there I said to him, "Are you Johnson?"—he said, "Yes"—I said, "I want you"—he said, "I suppose it is about the purse lost last night; I am just going to the Thames"—I then asked him what he had done with the purse and the other duplicates—he told me he had got them at home—I did not search him—I searched Alexander, and found 1l. 19s. on him—this is the letter which he wrote to Johnson—(read)—("Johnson, come to me immediately, as I am charged with robbing a lady of the ticket of a chain, which I have been to take out of pawn, which I had of you.—L. Alexander, station-house"—addressed to "Johnson, conductor of Mr. Macnamara's omnibus")—I did not deliver the note to Johnson—Mr. Ashbridge had mentioned in his hearing about the lady being robbed of the duplicate before the wrote the note.
HENRY THOMAS DALLY (police-sergeant K 23.) I went with Roche, on Saturday morning, to the Turnpike Gate, and took Johnson into custody—he said, "I suppose you want me about the purse last night; I have heard all about it at the west-end, and was just going down to the Thames to see Loui" meaning Alexander—he said, "Has he been trying
to get it out?" (nobody had mentioned that he had been trying to get it out of pawn)—I told him yes, he had been trying to get it out—he said he picked the purse up on the steps of the bus the night before, and he felt it, and found there was nothing but duplicates in it, and had sold it to Loui Alexander for half a pint of purl—I asked him whether he had got the purse—he said, no, he believed Loui had got it—I then took him to the station-house, and Alexander was there in custody—Roche was behind me—I am not aware whether he heard all the conversation—when I got to the station-house I said to Alexander, "Johnson says you have got the purse, have you got it about you"—Alexander said, no, he supposed he must have lost it—I searched Johnson, and found on him 5s. and a pen-knife—the prosecutrix came to the station-house afterwards, and Johnson said he recollected taking her up at Turner-street, and setting her down at the Bank—I learned from Johnson that he lived in Thomas-street, Whitechapel—I went there on Saturday evening and searched—his wife gave me two duplicates, which were in a basin in the first-floor front room—I went to Alexander's house, in Oxford-street, Stepney—he gave that as his address—I did not search the house—I looked at all the pockets of the clothes he had taken off, and his writing-desk, but did not search the whole house—I examined the parlour drawers, but there was nothing there—there was a table-drawer, but no other drawers I believe—he occupied the lower part of the house.
THOMAS GAMMAGE (police-sergeant K 5.) I was at the station-house when Alexander was in custody—I asked him how he came by the duplicate—he said he bought it of a man named Johnson, in Whitechapel, and gave him 5s. for it, if it turned out all right at the pawnbroker's, and he did not know where he got it from—he did not explain what he meant by "all right."
JURY. Q. You did not hear Johnson say at the station-house that he gave him half a pint of purl? A. he did not.
Johnson"s Defence. I have witnesses here. I hope you will take my case into consideration, and think whether it is possible I could cut this woman's pocket while she walked down two steps, and receive my fare with one hand—there were some people in the bus who saw me produce the purse and ask if they had lost it.
FRANCES DODD . I live at the Union, 191, Oxford-street. On Friday evening, the 25th of November, about six o'clock, the prisoners both brought the purse to the counter—they were both together—one might have come in before the other—Johnson produced it, and said he had found it—he showed the contents at the counter—I think there were four duplicates—Alexander appeared surprised, and said, "Let me look at it?"—he saw the purse and contents, but it did not appear to me that wither of them knew the contents till they came to the counter to the light—they looked at it at the counter, at the light—I saw one of the duplicates as it laid at the counter—it referred to a cloak for 5s.—I do not know what was done with the duplicates—I went about my business—they were in the hands of Johnson at the time—Macnamara's omnibus was in the habit of stopping at out house—our house is on the right-hand side of the way from here—I keep the public-house.
MR. BODKIN. Q. What o'clock was it? A. about six o'clock—that is the time the omnibus usually gets there—we have gas-lights in the place—I have no doubt the gas-lights were lighted in the street—there were other
people in the house at the time—I have a niece husband, but neither of them were in the bar at the time.
COURT. Q. Where did Johnson say he had found the purse? A. On the step of the omnibus.
MRS. MACNAMARA. I live in Sydney-street, Mile-end. Johnson, when, he came home, told me he had found a purse on the steps of the omnibus, that there were four duplicates in it, and he had asked the persons in the omnibus at the time if they had lost any thing—that there were some gentlemen in the omnibus at the time, and that nobody owned them.
Q. Did he tell you whether he asked any female if she had lost it? A. He said persons—the persons in the bus, my husband is the proprietor of the omnibus—he has no partner—the conductor had no share—he was paid weekly wages—Johnson did not show me the duplicate—somebody came in to pay me money, and he went out—he said they were for a gold chain, a cloak, a pair of pillows, and, I think, some spoons.
Q. Did it not occur to you to set him to inquire at the pawnbrokers, the direction of the person pawning; to inquire for the true owner? A. I did not think any thing more about it.
MR. BODKIN. Q. What time was this? A. About 11 o'clock at night—I did not see the purse—the bus came back from the 5 o'clock journey at half-past 7 o'clock—I did not see him then—I saw Alexander—it was not his duty to come back with the omnibus—they do not come in generally, but he pays his money in at night.
COURT. Q. Who supplies the horses to the omnibus? A. They are our own horses—it is usual for the conductor to retain his money till the last journey—my husband is the sole proprietor of the omnibus and horses—Alexander did not come and tell me any thing about it—I have seen both the prisoners at the Thames police-office, where I attended to give evidence, but not in Newgate.
ANN WYLAM re-examined. These are the duplicates I lost that day (looking at them)—one is a pledge at Walker's Waterloo-terrace, Commercial-road, in the name of "A. Quin, New-street"—another in George-street, in the name of "Hunter, 11, Hawkin's-buildings"—I did not pawn the things; I employed Quin and Hawkins to pawn—it was my property.
Cross-examined by MR. PHILLIPS. Q. How does it happen they are different addresses? A. The persons live in different places.
GEORGE BURY . I am estate-agent and appraiser, and live at No. 37. Gilbert-street, Oxford-street. I was in the omnibus last Friday week—I got in at Bow Church, Cheapside, about half-past five o'clock—there was a lady in the omnibus, but not this lady—three or four got in before we got to St. Paul's—I cannot exactly say the time I got in—it was after six o'clock when I got home—they kept taking up and setting down between St. Paul's and Charing-cross—a lady and gentleman got out in the Strand, near the Adelphi, and the prisoner Johnson put his head in at the window, and said, "Has any body lost any thing?"—a gentleman sitting on my left asked what the property consisted of—he said, "I have found a purse"—the observation went round—five, six, or seven were in the omnibus, and the answer given him was "No"—he then said. "I have found a purse, but there is no money in it"—he did not say what was in it—he set me down at the corner of Bond-street—there was a female in the omnibus then, who looked like a servant.
BENJAMIN MURRAY . I am a tailor and live at No. 16, James-street, St. Luke's. I got into the omnibus directly after it left the Mile-end gate, previous the prosecutrix getting in and there was female in it—the prosecutrix got in directly after we passed the London Hospital and previous to getting to Whitechapel church, an elderly gentleman, who was very feeble, got in, and the prosecturix held her hand out to assist him in—directly after that we stopped again, and a lady and gentleman got in—we stopped at the Mansion House, and the prosecutrix got out, after shaking hands with a gentleman who sat on the opposite side—he had not got in with her—she got in, and the omnibus proceeded—and in some portion of the Strand the conductor asked if any lady or gentleman had lost any thing—he received an answer in the negative, and said he had found a purse—he did not say whether it contained any thing or not—I first saw the account of this robbery in the Dispatch newspaper, and afterwards saw handbills, which induced me to come forwards.
JURY. Q. Are you quite confident the prosecutrix shook hands with a gentleman? A. Perfectly satisfied—the elderly gentleman sat close by the side of her.
ANN WYLAM re-examined. I never shook hands with any gentleman—I put my hand on that side to support myself in getting out of the omnibus—I am certain my purse was quite safe when I left my seat to go out—I did not take it out of my pocket—I drew the 6d. out of it, and felt it safe in my pocket.
JURY Q. Was there a feeble old man whom you helped in? A. A lady and gentleman I recollect getting in, and I believe there was as elderly gentleman.
MR. PHILLIPS addressed the Court and jury on behalf of Alexander, stating, that he had always given the same account of the transaction, that he had given Johnson 5s. for the duplicate.
(George Palliser, Finsbury-place; Mr. Myers, Peter's-alley Cornhill; George T. Davis, Colt-street, Limehouse; H. P. Edghill, book-keeper at Nelson's coach office; S. Douglas, Robin-hood-lane, Poplar; and Thomas Cooling, coach proprietor, Chester-street, Kennington; deposed to Alexander's good character: and Arthur Macnamara and Henry Milner of Sidney-street, Mile-end, to that of Johnson.
JOHNSON— GUILTY . Aged 25. Believing him to have cut the pocket.
ALEXANDER— GUILTY . Aged 30.
Transported for Fourteen Years.
First Jury, before Mr. Recorder.
168. EDWARD MORANT was indicted for stealing, on the 8th of September, 2 cwt. of paper, value 5l.; and 50 books, value 2l. 10s.; the goods of William Linder; and GEORGE ABRAHAM PALMER and JOB PALMER for feloniously receiving the said goods, well knowing them to have been stolen; against the Statute, &c.
MR. CLARKSON conducted the Prosecution.
WILLIAM LINDER . I am a broker and ship-owner, and live in George-street, Tower-hill. In August last I took Henry Eason into my employ—before that I had a lad named Green in my service—I had a large quantity of papers in three boxes in my counting-house, on a shelf over my head, and also some books—I have since seen two "The Devil's bridge, and Tristram Shandy," which I got from Mr. Snelling—Eason continued in my service till Saturday the 5th of November—I did not discharge him then—I told him to return early on the Monday morning, but he did not—on the
14th of November, in consequence of information, I examined my boxes—I found the first box empty—and little or nothing in the other two—the papers were of considerable importance to me—I have lost altogether, I should suppose, not less than 6 cwt. of paper—I also missed fifty or sixty books, bound and unbound, and old bills of lading old letters, and old paid cheques—I examined my ledgers, and found cut out of one of them, the letters G. and H. from the index—I went the same evening with Lee the officer to look for Eason—I found him at his father's house in bed—he was brought down to the parlour, and I asked him some questions—he denied the charge, and after that confessed it—in consequence of his statement, I went to the premises of the Palmers, in Swan-street, about 200 yards from where I live—they keep a kind of stationer's-shop—there was a good deal of books and papers of different sorts about—when I first went in I saw old Palmer—I asked him if he was in the habit of buying waste paper?—he said he was—I asked if he had bought any lately?—he said he could not tell—I asked if he had seen any with the Courier steam-packet on it, or the name of Linder—he said no, he had not noticed it—I said there had been some thing of that sort—he said if so, it must be his son—his son came in, and I asked him—he said he could not recollect any thing of the sort, and did not know that he had bought any—I said "The fact is, I have been to a house where you sold a quantity of paper, and have taken 14 1/4 lbs. out of that quantity which has not been used"—I said they had better recollect themselves, as I should take further steps, and bring an officer to see about it—I went to the police-office the same night, saw Lee, and told him what I had discovered—I saw from 60 to 90lbs. of paper at Lambeth-street, the day following—the greater part of it had the name of "Courier steam-packet" on it, and my name—I saw some of the cargo books, and the two I have mentioned.
Cross-examined by MR. PHILLIPS. Q. I believe Palmers told you a great many people came in and out of their shop, and they might not recollect every transaction? A. Yes—Eason denied knowing any thing about it—I never found him in an untruth.
HENRY EASON . On the 30th of August I went into Mr. Linder's service, and staid with him till the 5th of November, when I left without giving notice—the second day I was there, Morant came into the office for a printed bill of the Courier steam-packet, and I gave it him—he said nothing that day—next day he came into the office and asked if I knew of any stamps that William Green used to have, when he was there, to stamp sealing-wax with—he looked into all the desks, and could not find them—I said I knew nothing about them—he said I might find them if I liked—I said I knew nothing about them—the next day I was standing at the street door—he asked me what my name was—I told him, and he told me his name was Frederick; he then said he knew where there was some paper which he could sell for waste paper, and he knew a place where he could sell it—he came next day, and took some paper out of the cupboard, which was low enough for him to reach—it was letters and books—he said he always used to go in when Green was there, and Green used to show him all the places—on the 8th of September, Morant came into the counting-house and got on my stool, and on a chest, and took the brass gun out of the model of a ship which was there—he got on my master's chair, which was a mahogany one, and scratched it with his feet—he got on it to get to the boxes on the shelf—he could not reach them from that chair, and went and got a stool with a leather top to it out of his master's, Mr. Proctor's,
counting-house, which is about two doors from us—he got on it and reached to the boxes with his hand—there was a spring which shoved in, and he asked if I knew how to open it—I told him no—it was a thing which you press with the thumb—he got something out of his pocket and pressed it with it; it opened then, and there were papers in it—he opened the second box as he did the first, took all the papers out of both, put them into a pocket handkerchief, and went away—on the 10th of September I went with him to Palmer's house, in Swan-street—I did not see either of them—I stopped outside—he took things from my master's on the 9th and 10th too—I do not know what papers he took out on the 8th—he took some papers and books on the 10th—I went with him to Palmer's, about five o'clock that evening, when I went home—he went in and I staid outside—he took some big books, and a few letters on the 10th—I have seen some of them since at Lambeth-street—I am not able to point out any paper which was taken on the 8th—he took away a great handkerchief full.
Cross-examined by MR. PHILLIPS Q. You told your master of this immediately, I suppose? A. No—my master has charged me with taking money out of the till a good while before this—he did not charge me with telling lies—I was never in any other situation—I left the prosecutor, and told my parents he had not work for me—that was not true—I remember Mr. Linder charging me with getting upon his desk—I denied it—I never was on his desk—I never told him I was—I denied having taken the paper, and afterwards acknowledged that I did take it—I cannot tell how many falsehoods I have told him.
NOT GUILTY .
169. EDWARD MORANT was again indicted for stealing, on the 10th of September, 9lbs. of paper, value 2s. 6d.; and 4 books, value 12s.; the goods of William Linder; and GEORGE ABRAHAM PALMER and JOB PALMER for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
(The Prosecutor gave the same evidence as on the former trial.)
HENRY EASON . This bundle was taken on the 10th—after it was taken I went with Morant to Palmer's—he went in, and I stood outside—I waited a good while, and left before he came out—he had said he was going to Palmer's to sell the paper, and he would show me where the shop was—he carried the paper in a handkerchief—I did not se him come out, but I was looking at some carpenters at work—I do not know what was to become of the money he got for the paper—he wanted me to buy him two fencing swords, and he would give me the money to get them when he came out—I got no share of what the paper sold for—there were some big books taken on the 10th, and this is one of them—it had a cover on it when he took it.
Cross-examined by MR. PHILLIPS. Q. Could you swear to it without the cover? A. He opened it to see what book it was—I did not read it—I took notice of it as he opened it—I know that is the book—I did not open all the books—I know these papers were taken on the 10th, because they were tied up as these are—I took particular notice of the things—I have not had any of the money—I had some when I took some paper
myself—I did not have any on the 10th—I do not know whether any letters were cut out of the books.
JAMES LEE . I am an officer of Lambeth-street. I accompanied Mr. Linder to Eason's father's on the 14th of November—I got this bundle of account-Books from the younger Palmer on Wednesday the 16th, and this bundle of papers on Monday evening, the 14th, from Mr. Gorton, a cheesemonger in king-street, Tower-hill—I went to Palmer's house the night I saw Eason, but found it shut up—I went to some almshouses in Cooper's-row, near Crutched Friars, and saw them both in a room—I asked if they were in the habit of buying waste paper—they said they were, in small quantities, three or four pounds at the time—they bought and sold it—I told them that Mr. Linder had lost a great quantity of paper, which had been stolen by two boys, and some of them were very valuable to Mr. Linder, being ships' papers—that some of the paper had been traced to them from a shop which they had sold it to, and asked of they could give me any assistance in recovering any more of it, as the papers were of great consequence—they said they could not say exactly whether they could or not—they thought they should not recollect the two boys who had sold it—that they were in the habit repeatedly of buying and selling over the counter, and could not recollect persons who came in—I requested them to recollect as much as they could about the paper by the next morning, and told them it would be necessary for both of them to appear before the Magistrate at one o'clock next day—on the Tuesday morning they appeared, and said they had given 2d. a pound for the paper, and sold it for 3d.—they appeared again before the Magistrate on Wednesday, and the younger prisoner said he had discovered two persons who had part of the papers—that he had some from Mr. Martin of Somerset-street, and had it at home at his shop if I would call for it—this book is part of what he gave me—his father was present in the office—he then said there was a larger quantity at Mr. Catchpole's, in Cable-street, Rosemary-lane—I went there, and brought away this quantity of paper, which seems principally to relate to the Courier steam-packet—it weighted fifty-nine pounds—Mr. Catchpole produced this bill of parcels, which he states he received from Palmer—Palmer saw it before the Magistrate—they neither of them said from whom they received what they sold—they said Eason had frequently been with paper, but denied all knowledge of Morant—Eason was not in custody then—they did not mention his name—but pointed him out at the office—I heard Morant say he was not at all in Mr. Linder's counting-house, he never was further than the parlour door.
Cross-examined by MR. PHILLIPS. Q. I believe Palmers gave you every facility they could when you said it was of importance? A. Yes—they did on the Tuesday morning—after the examination all three prisoners were discharged on bail, and have surrendered here.
Cross-examined by MR. BODKIN. Q. Do you know whether 2d. or 3d. a pound is a fair price? A. It depends on the quality of it—this, I believe, was about 3d. or 3 1/2d—I have often seen old account-books used as waste paper.
RICHARD GORTON . I am a cheesemonger in King-street, Tower-hill. I have bought waste paper of George Palmer for a year and a half—he came to my shop about five weeks before the examination, and brought a sample of waste paper—I was engaged, and told him to come in the evening, and bring the remainder, which was about forty pounds—I purchased it for 10s. at 3d. a pound—this is part of it—Mr. Linder selected about fourteen pounds from the forty.
Cross-examined by MR. PHILLIPS. Q. Was that fair price? A. Yes—there was no concealment about it.
COURT. Q. What was the use you would put this paper to? A. To put up butter and cheese—I dealt with the son—I did not know the father at all as being in the business.
ZECARIAH RICHARD CATCHPOLE . I am a cheesemonger and live in Cable-street. On the 4th or 5th of November George Palmer brought me a sample of paper; and in a day or two afterwards he brought me 59lbs., which I bought for 13s—he gave this bill of parcels—this is the paper I bought—I afterwards gave it to the officer.
GEORGE SNELLING . I am a pork-butcher in the Minories. I bought nearly 30lbs. of waste paper in October, of young Palmer, at 3d. or 3 1/2d. a lb.—it was very small paper, and part of it was done up in bundles—I cannot say that I examined it—there were two or three small books I believe among it—I did not open it—there was no secrecy about it.
JOSEPH MARTIN . I am a pork-butcher, in Somerset-street, Whitechapel. I bought some paper of young Palmer on a Sunday in November—on the Tuesday afterwards he came to me and told me he had heard the paper he had sold me was stolen, and he was very anxious to get it back for the prosecutor—I believe this to be part of it—I bought it as it is now.
Cross-examined by MR. BODKIN. Q. It is necessary when account books are sold to take the covers off? A. Yes—I should not buy it without, because the covers are very heavy.
JOHN LEVETT . In September last I was in the service of a printer, in George-street Tower-hill—I know Mr. Proctor's house, and knew his boy by sight—I have seen Eason and him at Mr. Linder's door, a number of times in September, playing together—the day after the explosion of the gas I saw Morant with a pacel—I never saw them any where but at the door.
ELIZABETH NAPP . I was formerly in Mr. Linder's service—I have frequently seen Morant with Green, who formerly lived with Mr. Linder, about the door in the passage, and once or twice I saw them in the counting-house, playing together.
WILLIAM ATTERWELL . I worked for Mr. Teape, in George-street, last September—I saw Morant and Eason together almost every day in the passage, just at the door of Mr. Linder's house, and round the neighbourhood, they were talking together, and apparently companions.
(Property produced and sworn to.)
NOT GUILTY .
170. WILLIAM M'UWIN and JOHN M'CARTHY , were indicted for stealing, on the 28th of November, 1 till, value 1s.; 4 keys, value 4d.; 4 half-crowns, 6 shillings, 3 sixpences, 3 pence, 24 halfpence, and 41 farthings; the goods and monies of David Allen.
SARAH START . I am single, and am housekeeper to David Allen, a baker, in Charlotte-street, Tottenham-court road. I received 4 half-crowns in the shop in part of a bill, and put them into the till—there was other money in shillings, and copper, and a latch-key, and the key of the till—I missed the till, and all it contained, about eight o'clock in the evening—I have since seen the till.
JOSEPH YOUNG . I am a hair-dresser, and live in Union-street, Middlesex Hospital. I was at my door on the evening of the 8th of November, about eight o'clock, and saw both the prisoners running by, with a third boy—M'Uwin had the till on the top of his head—they were all three pretty close together—as they ran by one of them said, "This will all make our dog a nice little cart"—they all three went down Suffolk-Mews close to my door—I got off the step and walked to the end of the Mews, and they were all three emptying the contents of the till into their pockets—directly they saw me they took to their heels and ran—I directly picked up the till, and found it contained money—I caught the two prisoners, without losing sight of them, about a dozen yards off-some halfpence were found in the way they ran—I took them to the station-house—I asked M'Carthy where he got the till, and he said out of Tottenham-street.
STEPHEN THORNTON (police constable E 53.) I was on duty at the station-house when the prisoners were brought there—I searched M'Carthy, and found in his fob pocket four half-crowns, four shillings, two sixpences, three halfpence, and five farthings; and 2s. 6d. and a farthing in his hand—no money was found on M'Uwin—the till was brought in, and I found twenty-one halfpence in it, three penny pieces, thirty-five farthings, and four keys.
(Property produced and sworn to.)
M'Uwin I did not have the till on my head.
(The prisoners received good characters.)
M'UWIN— GUILTY . Aged 9.
M'CARTHY— GUILTY . Aged 10.
Recommended to mercy.
Confined One Month; Seven Days Solitary.
GUILTY . Confined Three Months.
NEW COURT.—Wednesday, December 7th, 1836.
Sixth Jury before Mr. Common Serjeant.
172. WILLIAM GRIGG and WILLIAM BREWER were indicted for stealing on the 17th of November, 24lbs. weight of lead, value 1l. 14s., the goods of William West Simpson, and fixed to a certain building; against the Statute, &c.; and that Grigg had been before convicted of felony.
WILLIAM WEST SIMPSON . I am the lessee of house in Well-street, Hackney. It is a large boarding-school—I occupy it myself—I missed about 14 feet of gutter-lead—I had not seen it for many days, but I have no doubt it was safe on Wednesday the 16th of November, because we had a great deal of rain, and it ran off—I found out that it was stooled on Saturday the 19th—on the following Monday I went to the lead shop, and found part, I fitted it with what was remaining, and they corresponded exactly.
JOHN BEDFORD . I am an inspector of the N division. On Sunday, the 20th of November, I went to Mr. Simpson's roof and examined it—a large quantity of a lead gutter was gone—on the next day I went to the warehouse of King, Meaking and Co., in Kingsland-road, and found a quantity of lead, I compared it with some I had taken from Mr. Simpson's—it corresponded I have no doubt it was brought from the house.
Cross-examined by MR. PAYNE Q. Did you personally take any lead from Mr. Simpson's? A. I cut some from the part of the gutter that was left, and compared them—they are both here—the shop of King, Meaking and Co. is a very respectable house—they have a house in the City—there was 2cwt. of lead taken away.
Cross-examined by MR. DOANE. Q. When did you take it? A. On the 21st—I think there were seventeen pieces in all.
GEORGE MEAKING . I belong to the firm of King, Meaking and Co., lead merchants, in the Kingsland-road. On Thursday, the 17th, the prisoner Brewer brought a quantity of lead in a truck—there was another person with him whom I cannot swear to—Brewer said he wanted to sell that lead, and he should want some new lead in the beginning of the week—he has dealt with us before for glass—I asked his address, and he gave it, "Jenkins, Church-street, Stoke Newington"—I paid him 1l. 15s. 7d., that is 17s. a cwt., which is the value of it—I showed that lead to Mr. Bedford and Mr. Simpson—to the best of my knowledge it was the lead I bought of Brewer.
Cross-examined by MR. PAYNE Q. Had you not a great quantity of lead on your premises? A. Yes—I cannot swear positively this in the same lead—we had not bought from any other people that day, but we had within a week or so.
JOSEPH FURNESS . I live at Grove-street, Hackney, and am a gardener. I have known the prisoners Grigg and Brewer about there for eleven years—about a month or six weeks ago Grigg came to me and said, "We will get that lead off Mr. Simpson's place"—I said, "I will not have any thing to do with it"—I never had any thing to do with such things before—our garden joins Mr. Simpson's, so that if any body took the lead it would have been the most convenient way through my garden—on the Monday he said, "We will take and get the lead to night"—I said no, I would have nothing at all to do with it—on the Thursday morning Grigg called me up soon after five o'clock to come—I did not want to hear him'—I got up, and Grigg said, "Come, and get this lead"—I went with him—there was nobody else—we then put it into the truck—Grigg said, "You had better draw the truck, they will not notice you," and I did—he said he would meet me up at Cambridge-heath Bridge—I did not meet him there, and went up towards Bethnal-green-road and waited—Brewer and Grigg met me just against Bethnal-green church—I had seen Brewer before about—he had never said any thing to me about the lead—the first time I saw him that day was at Bethnal-green church—he then went on with Grigg a little way—Grigg came back and helped me with it—Brewer went on a-head, and we were to meet him against the Green-gate, Hackney-road—Grigg said so—we all three met in the Hackney-road—I dragged it a little further, to the corner of Union-street, and then Grigg took it—this was a little after ten o'clock—I started from the house a little after seven o'clock—I was to have my share, but nothing was said about it then—Brewer and Grigg went together and sold it—they would not let me o, because they said it looked so—I do not know which said that—they went into Mr. Mg✗'s, and I staid about a hundred yards off towards Newington—they both came back to the Green-gate, and Brewer paid me 14s. 6d.
Cross-examined by MR. DOANE. Q. How long you been a gardener? A. Most of my life—I work for my mother, and live with her—I was in the House of Correction about this lead—I did not think that by
telling this story I should get out—Grigg came to me several times, but I did not tell the police—I did not expect he would come on Wednesday or Thursday—I should have thought nothing at all about it, but he seduced me—I am not in custody; I got out because I told the truth—I did not tell the truth before I got there—I expected to be kept and transported.
NOT GUILTY .
173. HANNAH WOOLFORD was indicted for stealing, on the 13th of November 1 muff, value 2l. 5s.; 12 spoons, value 3l. 10s.; 1 pair of sugar-tongs, value 15s.; 1 ring, value 12s.; 1 pair of clogs, value 1s.; and 1 pair of nutcracks, value 2s.; the goods of Robert Burrows, her master: and CHARLES BIRCHENO for feloniously receiving 12 spoons, 1 pair of sugar-tongs, and 1 pair of nutcracks and JOHN GILL and JOHN BAGLEY for feloniously receiving 4 spoons, and 1 pair of sugar-tongs: and WILLIAM ANSTEY for feloniously receiving one pair of nutcracks, part of the said goods; well knowing them to have been stolen; against the Statute, &c., to which
GUILTY . Aged ✗.— Transported for Fourteen years.
ROBERT BURROWS . I live in Skinner-street, Somers-town, and am a grocer. I lost these spoons, and missed other things—two small boxes were broken open, and money taken out—Woolford, who has pleaded guilty, was my servant—these ten spoons are mine and these four, and these sugar-tongs and nutcrackers—the property lost is worth 8l. or 9l.—Woolford has been with me four months—she absconded on the morning of the 13th of November and we missed these things—they were not locked up—they were in different parts of the house—I unfortunately took her with a written character—I saw the articles safe at five o'clock the day before.
THOMAS SEAL (police-serjeant G 16.) On Wednesday, the 16th of November I was in the station-house when Anstey and Gill were there—they had a conversation, in the course of which I heard Anstey say to Gill, "You had better tell the whole truth about it—you know that you and Jack Bagley went and sold it to silversmith in Camomile-street"—I then went to a public-house in the neighbourhood, where I found Bagley in custody—I told him he was charged with being concerned in stealing some silver—he accompanied me to the station-house—he there said, "I will go with you and show you where we sold it"—I asked him who sold it—he said Gill went to sell it, and he went with him—I, and Davis and Bagley, went all three together to a Mr. Stevens, silversmith, I Camomile-street—I there saw the witness Foster, and asked if he had bought any silver of two young men yesterday—he said, "Yes", and instantly produced it—that was in Bagley's presence—I asked him if he thought Bagley was one that sold it—he said he could not swear to either of them—I told him to be at Worship-street police-office at eleven o'clock that morning—he came there, and produced all the silver—he said he had given 5s. 4d. an ounce, and it came to 3l.—there was 11oz. 5dwts.
Cross-examined by MR. PAYNE Q. I think you say you asked Foster if he had bought some spoons the day before? A. Yes, I do not recollect telling him he had bought them—I told the Magistrate so—I believe spoons—I meant it as a question—Anstey had been in custody a quarter of an hour, I believe—when
I heard the conversation I was in a part of the station-house called the charge-room, engaged in writing.
Cross-examined by MR. DOANE. Q. What you heard about the silversmith was in consequence of what Bagley told you? A. Yes.
WILLIAM FOSTER . I am clerk to Mr. Stevens—he lives at No. 9, Camomile-street. On Wednesday, the 16th on November, two young men came, who I believe to be Bagley and Gill—they asked if we bought old silver—one of them then said he had got a little to sell—I think that was Gill—I told him to let me see it—he pulled out of his pocket ten tea-spoons, two table-spoons, and one pair of sugar-tongs—I then asked them what they wanted per oz. for it—the reply was 6s.—I told them that price would not suit, I would give them 5s. 4d. per oz., as the things were in rather better condition than for melting price—they rather hesitated, and I thought were going away, and in a minute or two came back and said I might have them.
JOHN BENNETT . I am foreman to John Clark, of Old-street, St. Luke's. On Tuesday afternoon, the 15th of November, Bircheno came into the shop with two table-spoons, ten tea-spoons, a pair of sugar-tongs, and a pair of nutcracks, as I call them—they are sometimes called crackers—he asked me to lend him 2l. on them—the spoons weighted ten ounces and one quarter—I lent him 2l. on them—he went away—I asked if they were his own—he said they were, and the next morning he came and redeemed them.
Cross-examined by MR. DOANE. Q. You knew him very well? A. Yes, before that—if he had been disposed to keep it secret, ours was not the place to bring them to—he came in an open manner—he is a journeryman baker, and his mother keeps a shop in Featherstone-street, near us.
JOSEPH SCOTT . I keep the George public-house, in Foster-buildings. On Wednesday, the 16th of November, between six and seven o'clock in the evening, Anstey came in and called for something to drink—and while he was standing there drinking, there was a pair of nutcracks laid on the bar on the counter—as he went away he said, "Mr. Scott, will you take care of these till the morning?"—I said I would, and in the morning the policeman came and asked me for them—I cannot swear that these are the same—I gave the same property that Anstey gave me to the officer.
Cross-examined by MR. PAYNE. Q. Have you known him long? A. Yes, some years—he has been in a situation that required a good character.
JOHN MARTIN (police-constable G 127.) In consequence of information I went to Bircheno's lodgings, and saw him there, sitting by the fire—I asked him whether his name was Bircheno?—he said it was—I told him he must go with me—he said "What for?"—I did not know what the robbery consisted of, and I told him he might learn that at the station-house, and asked him if he had been at Greenwich—he said no—I did not see Anstey at the station-house till the next morning—he was then in the cell with the other two prisoners, Bagley and Gill—I think it was one of them called to me—I went to the hole in the door, and Anstey said. "This is a rum job I have got into, how do you think it will terminate?" or something of that kind—I told him the spoons were found, but there was a pair
of nutcracks missing—"Oh", he says, "I have left them at Scott's—I went to Scott's, and asked him if Anstey had left any thing there—he handed over the nutcracks.
Cross-examined by MR. PANE. Q. Did he say it is a rum job, or an awkward job—A. I cannot be certain which.
Cross-examined by MR. DOANE. Q. You have just now sworn that you asked Bircheno whether he had been to Greenwich? A. Yes, I have always given the same account of it, but it was not written down in the depositions—I might have asked him if he had been to Greenwich with a female—I swear I asked him if he had been to Greenwich.
WILLIAM ARNOLD . I live in Wood-walk, Greenwich, and am a waterman. On the 15th of November, a little before one o'clock, I saw Woolford and Bircheno standing together on Garden-stairs causeway—I asked if they wanted a boat?—they said, "Yes, we want to go on board the hospital ship to see a person who is ill"—I put them on board, and left them.
JOHN DAVIS , (police-sergeant G 157.) On the 17th of November I went to Anstey, and asked him if he had bought a ticket of some plate of Bircheno—he said yes—I asked him if he knew where the plate was?—he said no, but he would take me to a young man who went and sold it, the day before—I went in company with him to the prisoner Gill, in Banner-street—I asked Gill if he knew where the plate was?—he said no, he knew nothing of it—I told him he must go with me to the station-house, and there Anstey said, "Why not tell the officer the truth, you know that Bagley and you went and sold, it yesterday"—Gill said he could not tell where it was sold, but Bagley could—I went back and told Bagley—he said he knew nothing of it—then sergeant Seal came, I got a cab, and went with him and Bagley to Camomile-street, where I saw the property now produced.
(MR. DOANE addressed the Jury on behalf of the prisoner Bircheno, and stated that he had met with Woolford on the Monday, and remained with her till the next morning. when she gave him the articles to pawn, which he pawned in his own neighbourhood, not suspecting they were stolen, and that on the Wednesday Anstey gare him the money to redeem them, and bought them of him.)
(Higgins, general dealer of Cambridge heath, Hackeny;----Frank, oilman, near London-bridge; and----Eles, a porter, in Golden lane, gave the prisoner Bircheno a good character.)
BIRCHENO—GUILTY Aged 20.—Recommended to mercy by the Jury.
Transported for Fourteen Years.
GILL. BAGLEY and ANSTEY— NOT GUILTY .
—2nd COUNT, stating them to be the property of John Edmonds only.
MR. DOANE conducted the Prosecution.
WILLIAM WILLIAMS . I am a silversmith, carrying on business a No. 14, Strand—Mr. John Edmonds is also in the business. The prisoner was in a respectable employ in Panton-street—I know the firm in which he was employed—he came on the 15th of August to purchase a watch, and paid me for it in a few days—on the 15th of September he came again—he said the other watch he had formerly had had given so much satisfaction to the lady, that a sister of hers would like to have one precisely like it—I
showed him three or four, and he ultimately took away three, and said, "If you will let me have them I will bring them back again almost directly"—I said, I must have them back the same day, or an answer about them, which he agreed to do—he was to pay me for the one selected by the lady, and return the others—he went away, and came back on the second or third morning, and said he had not been able to see the lady, she being out, and he had left them—I told him I was uneasy about them, and must have an answer—he called again next morning, and brought once back, which he said was not likely to be kept—the other two he had left, but he had not seen the lady—in the course of the second morning after he called again, and said he was very sorry the lady had locked them up in her desk, and gone to Brighton, and he was sorry he left them at all—I pressed him to return me the watches directly—he kept calling constantly till the 3rd of November—he said the lady had kept the one similar to the one she had at first, but it was fortunate he had left the other, for a younger sister of hers had taken a liking to the other, and he would bring the money on the 5th of November, when the lady was to be in town—he called on the 5th of November, at half-past one o'clock, stating he should see the lady that evening, and I might depend on having the money; and if he did not see the younger sister, would it do to have the money on Monday?—I said it did not much difference, but certainly I must have the money—he said if the lady kept the watch would I give him a bill, to show that the lady did not give him more than she would give at the shop? I did so—I had no intention of giving him credit for it.
Cross-examined by MR. BALLANTINE. Q. What is your firm? A. It is carried on in the name of John Edmonds—the prisoner came first on the 15th of August, and had two watches, and as soon as he came back he returned one—he paid me for the one he had in August—I did not give him credit, but he did not pay me till the end of a month; and in September he got two watches, and I afterwards gave him this bill of them, after asking him for the lady's name, he said I might as well make them out in his name—I expected to get the money for this sooner than I did before—if he had asked for them for himself I should not have let him have them—I let him have the watches, and held him accountable for the money.
MR. DOANE. Q. Did his having the one in August lull your suspicious? A. Yes—this is one of the watches I gave him.
MR. BALLANTINE. Q. Are you quite sure of that? A. Yes—I had no doubt of this—I swear this is the one I gave him.
JAMES HOWELL . I am foreman to Mr. Barton, a pawnbroker, in Prince's-street, Soho—I manage his business, I produce two gold watches, one pawned on the 15th of August, the other on the 15th of September—the solicitor asked me to produce the two watches, and I did so at the office—he said, "Do not give them with the tickets on"—I gave them as he directed me, and in consequence could not distinguish them—I went back to refer to the book—I was the person who gave the information to Mr. Williams.
Cross-examined. Q. Did you produce the watches? A. Yes, and then referred to my books and distinguished them.
had of me—the one he had on the 15th of August he had paid for afterwards—the others he did not.
(MR. BALLANTINE, on behalf of the prisoner, stated, that having had the first watch on credit he thought he was entitled to credit for the others.)
GUILTY .—Aged 37.
JAMES THOMAS PACKER . I live with Mr. George Ferne, jeweller and watchmaker, Regent-street. I know the prisoner—early in November I went to the prisoner on business for the firm—he said, "I have a lady, a friend of mine, who wants a gold watch; it is not in my way, if you can get me one I will sell it"—I said "If I do I must have the watch or the money the same day"—he said, on the 2nd of November "I shall see the lady—to morrow morning if you will let me have them I will let you have the watches or money before night"—I let him have four watches which I got from a wholesale house on my own account—I said I would pay for them or return them the same evening—he did not same that night, and the following day I went and said to him "I must have these watches back," he said I might have one back which was not finished in the dial plate—I went to him almost every day or night and could not get them back—every time it was, the lady was out, or had left them locked up in her desk—I went on Saturday evening and determined not to leave the house without them—he was not at home, and his wife said he was gone to the Alpha cottages, to see the lady—I said I would wait—he came in in a great fluster, and said, "It is all right, I have brought you two back, and the money you shall have on Tuesday"—I said I must have it on Monday—I went again and again, and on Friday I said "I shall come tomorrow night, and will not leave the place without it"—on that Saturday night he came to our door, as our young men were shutting up, and said, "It is all right, you shall have the money in the morning"—I said it is no use, I shall be at your house and will not leave the house without—I went and was there, he said he had not got it—I said I would wait till he went for it—he said he would have a crust to bread and cheese—I waited, and he went out, came back an said the lady was out and he could not have it, but the should have it in the morning—I said I should not come then, but I should have it one Monday—I have not got it—I found the watch at the pawnbroker's
Cross-examined by MR. BALLANTINE. Q. Where did you get these? A. Of Mr. Upjohn—I was to pay for them or return them—this is the watch, I know it by the number of it.
GUILTY . Aged 37— Transported for Seven Years.
RICHARD CHITTY . This is my guard-chain, I know it by the weight and make. The prisoner came on the 4th of September, and asked me to let him have a guard-chain to show a friend of his at Hackney—I said I would, but I would not give him credit—he was to return the chain or money in day or two—this went on three weeks or a month—I got no chain or
Cross-examined by MR. BALLANTINE. Q. What does it weigh? A. 1oz. 5 dwts.—I should scarcely believe that there were any others of the same weight and description—the variation of the size will cause a difference of the weight.
GUILTY . Aged 59.— Confined Two Years; Four Weeks Solitary.