CENTRAL CRIMINAL COURT
SECOND SESSION, HELD DECEMBER 12, 1836.
MINUTES OF EVIDENCE,
Taken in Short-hand.
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
On the King's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Before the Right Honourable THOMAS KELLY , LORD MAYOR of the City of London; the Right Honourable Sir Joseph Littledale, Knt., one of the Justices of His Majesty's Court of King's Bench; Sir William Bolland, Knt., one of the Barons of the Court of Exchequer; Sir Claudius Stephen Hunter, Bart.; John Atkins, Esq.; Matthias Prime Lucas, Esq.; Charles Farebrother, Esq.; Henry Winchester, Esq.; Aldermen of the 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., and John Lainson, Esq.; Aldermen of the said City of London; John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; His Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
KELLY, MAYOR. SECOND 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.
LONDON AND MIDDLESEX LARCENIES.
OLD COURT.— Monday, December 12th, 1836.
First Jury, before Mr. Recorder.
225. ANN LONG was indicted for stealing, on the 19th of November, 3 shirts, value 9s.; and 1 petticoat, value 1s.; the goods of John O'Brien: and 1 petticoat, value 1s., the goods of John Hunt; to which she pleaded
GUILTY . Aged 27.— Recommended to mercy by the Prosecutor.
Confined Three Days.
NOT GUILTY .
OLD COURT.— Tuesday, December 13th, 1836.
Second Jury, before Mr. Recorder.
WILLIAM SPURGEON . I am servant to Isaac Anderton, a grocer in Whitechapel-road. On Thursday, the 24th of November, I was directed to take a truck, containing a half-hundred weight of coffee to Mrs. Tipples, in King-street, Brick-lane—on my way I went to Mr. Owen, in Montague-street, and left a box of candles—Mrs. Owen gave four sovereigns to Hagen, her boy, and told him and me to go to public-house to get change for one of them—we went to the Black Lion in that street, and got one of them changed, and the boy paid me 3l. 4s. 9d. for the box of candles—I had left the truck at Mrs. Owen's door while I went for the change—after Hagen paid me I took out another bill for Tipples, and showed it to him, and said I was going to Mrs. Tipples with the coffee—the prisoner was present, and left the tap-room directly—and went out, and two or three minutes after we went out I saw him take the coffee off the truck, put it on the rail of the truck, then put it on his shoulder and walk off with it—it was twelve or sixteen yards from the public-house—I ran after him, and caught him turning the corner into Brick-lane—I pulled it off his back, and told him it was mine—he said a man in a surtout coat and white apron gave him sixpence to carry it to Mrs. Tipples—I took the coffee
back to the truck, and he followed me back—I told him to go on, I did not want him—he would not go on—I said I would give him in charge if he did not—he said I might if I liked—I went into Mrs. Owen's house again, leaving an old man with the truck; and when I came out the prisoner was at the door—I ran up New Montague-street after a policeman, and then he walked away—the policeman ran after him, and when he saw the policeman he ran away—we lost sight of him for four or five minutes, and found him in the George public-house, in Pelham-street he had thrown his paper cap under the table, which he had on when I first saw him, and tied a handkerchief on his head—I gave him in charge—he then pulled his handkerchief off—the policeman picked up his paper cap, and he put it on his head.
Cross-examined by MR. PHILLIPS. Q. Was he sober? A. He looked rather intoxicated about the eyes—his cap did not fall off when he was leaning on the table—we found him standing away form the table—I never saw him leaning on the table—Hagen and I had a pint of beer at Mrs. Owen's expense—we staid at the public-house six or seven minutes—the prisoner remained about the place ten minutes or a quarter of an hour after I accused him of stealing the coffee—I told him to go, but he would stop—he was going in a direction to Mrs. Tipples.
WILLIAM HAGEN . I am servant to Mrs. Owen, a silk-winder is New Montague-street. I went with Spurgeon to the Black Lion to get a pint of beer and change—I saw the prisoner there—Spurgeon said he was going to Tipple's with a half hundred weight of coffee—the prisoner stood close by us, and could hear that—when we came out I saw the prisoner take the coffee out of the truck and put it on his shoulder—I saw nobody near in a surtout coat and apron.
Cross-examined. Q. Might there be a man who you did not see? A. There might.
JOHN BURNHAM ( police-constable H 58.) I was on duty in Brick-lane, and at the end of Montague-street, Spurgeon pointed out the prisoner—the moment he saw me he ran off, and I after him—I lost sight of him for two or three minutes, and found him in the George public-house—Spurgeon pointed him out—I asked him how he came to steal that coffee—he said a man came up in a surtout coat and gave him sixpence to carry it—I asked if he knew the man—he said he did not—I asked how he came to throw the cap under the table, and put his handkerchief on—he said he was going to work.
WILLIAM JACKSON . I am a watch-case maker in Red Lion-street, Clerkenwell. The prisoner was occasionally employed in my business—on Friday, the 2nd of December, I saw him sitting at his work a few minutes after two o'clock, and, in consequence of what another man said to me, I said to the prisoner, "How is it that you charged one case more than you did last week?"—he said, "It was a mistake"—I said, "I am afraid it is not the only mistake you have made"—he said, "What do you mean?"—I said, "You know very well what I mean"—he immediately slipped
out and ran down stairs—I followed him down to the privy—the door was shut—I pushed it open, and he was just moving his hand from the seat—I said, "You have been robbing me"—he said, "I have not"—I said, "You have"—I called the men down, and in the privy was found a small parcel of about 9dwts. of silver turnings—a policeman was sent for before it was opened—the prisoner at first denied it, but when it was brought up he said he hoped I would forgive him, and he would go down on his knees—I said he had been doing it some time—he said no, he had not, it was his first offence—I give out silver to my workmen to work with—they have three, and sometimes four times the quantity they require to do jobs, and there must be some waste.
Cross-examined by MR. PAYNE. Q. Was any body present when you saw his hand over the hole of the water-closet? A. Nobody but myself—I was close to him—I followed him down—he was closing the door with one hand, and holding the other over the hole—I saw the silver found.
JONATHAN HIGHMOOR . I am the prosecutor's apprentice. I was in the shop watching the prisoner—before he went to work I saw him go to another man's place, take some silver turnings, wrap them in paper, and and put them into his pocket—he then went to his own place to work, and I gave master information—I was called down shortly afterwards to the yard, and found in the privy a parcel of silver turnings—it laid on the stones till the officer came.
Cross-examined. Q. Are you quite sure you gave the information? A. I gave the information to another man, and he told master—I was a little below the shop, and saw him through a hole in the boards—I could see plainly.
JOHN COURTS . I am a watch-case maker, and live in Union-street, Hoxton. I was at Mr. Jackson's on the 2nd of December, and saw him following the prisoner—I stood by saw the parcel found—I had received information from Highmoor of what he had seen, and when Mr. Jackson spoke to the prisoner about the watch-case I gave him information about the silver.
Cross-examined. Q. What was the mistake? A. He charged one case more than he ought—that was a difference of about 4d.
WILLIAM BAKER ASHTON ( police-constable G 11.) I took the prisoner into custody, and produce the silver—I found in the prisoner's coat pocket some little pieces of silver similar to that in the paper—when I went into the yard he said, "Pray Mr. Jackson forgive me—it is the first time, and I wonder what could induce me to do such a thing."
(The prisoner received a good character.)
GUILTY . Aged 56.— Confined Three Months.
MR. PHILLIPS conducted the Prosecution.
GEORGE MILES . I am an egg merchant, and live in Broadway, Westminster. The prisoner has been in my employ a year and a half, to go with the truck, take goods out, and to receive the money, which he was to enter in this book, and account for it the same day when he returned home—there is an entry on the 25th of November, in the prisoner's writing, of 4l. 13s. as received from Mr. Hutchinson—and one on the 16th of Sept., of 7l., as received from Hardcastle—I never received more than 4l. 13s. and 7l. on these accounts.
Cross-examined by ML. BODKIN. Q. I see seven entries on the 25th
of November, were they made at the same time? A. Yes, they were—he had a bill for Hardcastle, but not for Hutchinson—the goods were sold before.
THOMAS HUTCHINSON . I am a cheesemonger in Goswell-road. I dealt with the prosecutor—the prisoner was in the habit of bringing things from him—on the 25th of November I paid him 4l. 18s. 3d. which he gave me this receipt for—I wrote it, and he signed it.
JOHN HARDCASTLE . I am a cheesemonger in St. John-street. The prisoner brought me eggs from Mr. Mills—I paid him 7l. 6s—this is the bill I paid him—here is the prisoner's handwriting, acknowledging the receipt of it—it is not a stamped receipt.
Cross-examined. Q. Was this bill written at your place? A. No—I do not know who wrote it—it had been brought to me some time before I paid it.
(MR. BODKIN, on the prisoner's behalf, contended that these sum might have been paid short by mistake.)
MR. MILLS re-examined. He brought the entries to me ready made—he carried the book out with him, to enter every thing as it happened.
NOT GUILTY .
230. ELIZA JENKINS was indicted for stealing, on the 2nd of December, 12 shirts, value 36s., the goods of Charles Prater and another: and 3l. shirts, value 4l. 13s., the goods of Skinner, Turner and others.—2nd COUNT, for stealing 43 shirts, value 6l. 9s., the goods Benjamin Hewitt.
BENJAMIN HEWITT . I am master of St. Andrew, Holborn, Work-house. The prisoner was a pauper, and was employed as forewoman over the others who work at their needle—we take in shirts to make—on the 4th of December I received a duplicate for five shirts from a pauper in the house—I sent for the prisoner, and asked her how many shirts she had belonging to Turner and Co. and Mr. Prater—she named a quantity—I said "Are you certain we have them?"—she faltered, and I said, "Because I hold a duplicate for five shirts—she then acknowledged the ticket, and said she had many more which she would inform me about, and hoped I would forgive her—she produced a number of other duplicates, which I delivered to the officer—I am responsible for the shirts—the value of those lost is upwards of 6l.—they came from Skinner, Turner and Co., and from Prater and Son.
JOHN ANDREWS SIMPSON . I am in the service of Mr. Sowerby, a pawnbroker in Long-acre. I produce 12 shirts, which were pawned it four lots by the prisoner, at different times—I find the corresponding duplicates among those produced.
SAMUEL CLARK . I am in the service of Mr. Clune, a pawnbroker is Liquorpond-street. I produce two shirts—I cannot say who they were pawned by—I find the corresponding duplicate here which was given for them.
12th of November—the duplicate I gave to the person is among these produced.
JOHN HENRY ALDRIDGE . I am in the service of Mrs. Aldridge, in Orange-street, Bloomsbury. I produce four shirts—I know two of them were pawned by the prisoner—the duplicates of them are among those produced.
HENRY COLLINS . I am in the service of Ashmore and Son, pawnbrokers in Long-acre. I produce three shirts which were pawned by the prisoner on the 29th of October—I find the corresponding duplicate here.
GUILTY . Aged 28.— Transported for Seven Years.
WILLIAM COLEMAN ( police-constable D 42.) On Sunday, the 4th of December, about half-past 6 o'clock in the evening, I went into the lower part of a building in Dorchester-place, Dorset-square, and heard a noise on the roof, like a rattling among the slates—I could not get up on the roof—I waited and listened very attentively—I heard the slates being removed, and the lead being pulled up from the gutters—I waited for the parties coming down, and in about half an hour saw two persons come through the trap-door, down the timbers which are fixed for the stairs—I got outside the door, concealed myself close by a window, and saw them come to the first floor—the prisoner came across on the joist to the window where I stood—his companion went to a window in a different front—the prisoner looked out, caught sight of me, and directly drew in, and get into a corner of the building—I
went and called to him to know what he did there—he made no reply—I called to him six times, at last he said he went there to sleep; and then he removed from the corner into a recess—I saw him take from his bosom a piece of lead and put down—he moved from there towards the other, who stood in the fire-place—I immediately saw the other take form his bosom another piece of lead, and put it down in the fire-place with a knife—I could see this by the reflection of a gas light—I called to them to come down, and said I would not move till they came out of the building—at last the prisoner slid down by a piece of quartering, and I took him into custody—the other, seeing this, made his retreat by the partition to the roof—I kept the prisoner till my sergeant came, and then gave him into his custody—he brought me a lamp—I procured a short ladder, and got on the roof—I found the lead in the recess on the first floor, where the prisoner had stood, and in the fire-place another piece and a knife—on the roof I found three or four more small pieces of lead cut ready to be taken away—at the back of the building I found a ladder placed to enable any body to get up and down, but not without danger—I conclude the other man had gone away down that ladder—I matched the lead to the roof and it fitted—I found a knife on the prisoner—on Saturday, the 3rd of December, having noticed several suspicious characters about, I discovered nearly 2cwt. of lead stolen from these premises.
JOSEPH CULLEN . I live in Hanover-place, Park-road, Marylebone. The building in question belongs to me—I have examined the roof, and miss above 4cwt. of lead, which had injured the place to the amount; of between 20l. and 30l.
GUILTY . Aged 18.— Transported for Seven Years.
232. ROBERT WHEELER and GEORGE WILSON were indicted for stealing, on the 24th of November, 1 sink, value 2l.; 33 feet of leaden pipe, value 5l.; 1 pump, value 4l. 4s.; and 560lbs. weight of lead, value 7l.; the goods of Edward Colebatch, and others; and fixed to a certain building; against the Statute, &c.—2nd COUNT, not stating them to be fixtures.
MESSRS. BODKIN and CHAMBERS conducted the Prosecution.
THOMAS FRY ( police-constable N 173.) I was on duty on the morning of the 24th of November, near Grove-street Fields, Hackney, near the house which has been occupied by Mr. Creswell—about half-past eight o'clock I saw a cart come from the house with the carman and the two prisoners—the two prisoners were pushing it behind, till it came out of the premises—I inquired if them what it was—Wheeler said, "It is all right"—I was to let nothing pass without I saw him—the prisoners them went back into the premises, while I was looking at the name on the cart—I followed, and took the carman into custody—there was a quantity of sheet lead in the cart, a pump, a leaden sink, and some pipe cut up; and afterwards I found a screw-driver, a hammer, a chopper, and a crow-bar in the cart—about two o'clock that day I saw the prisoners again at the top of Old-street-road, just by Shoreditch Church—I was then with the cart, which had the things in it—Wheeler came up to the cart and asked what we were going to do with the property—I told him I was going to bring it down to the office, and he directly made answer that he had a paper to show that the property was his—I told them they must come along with me, and they came.
Cross-examined by MR. PAYNE. Q. I think when you first saw the cart it was in the morning? A. Yes, about half-past eight o'clock—I took the carman into custody then—that was about three miles and three-quarters from the office—I was not till two o'clock driving it to the office—we had left it in the care of a person, and gave the horse something to eat—we locked the carman up—one of my brother officers was driving—we both had our police-dresses on when the prisoners came up to us.
CHARLES CAPON . I am a carman in the employ of Mr. Pope, and live in Great Sutton-street, Clerkenwell. On the morning of the 24th of November the two prisoners came to me, about a quarter past seven o'clock, and asked if they could have a light cart—I told them they could, and asked where it was going—they said, "To Hackney-road"—I harnessed the home and put it in was going—they said, "Are you going with me?"—they said, "Yes"—they got into the cart, and took me to the house in Grove-street—Wheeler said he was going for a load of ten or twelve hundred weight; they assisted in loading as well as me—they put the things in which were afterwards found in it—what I put in was by their order—I did not help take up
the lead on the roof, or the sink, or pump—I only helped to put the things in as they brought them out—I took the cart inside the gates—the gates were open when I went in, and I believe they were then shut—they opened them to let me out—the policeman stopped me, and took charge of the cart and its contents.
DENNIS CAIN . I am a labourer. I was standing by Shoreditch Church, looking for a job—and the prisoner Wilson came up to me and asked whether I wanted a job—I said "Yes"—he took me to a house in Hackney-road, and told me to take the pump up, and I took the pipe of it up, and he and I broke it in pieces—I worked there several hours that day—I did not see Wheeler there that day—Wilson told me to come next morning, and I went at seven o'clock—Wheeler came there afterwards, and Capon and Wilson—I saw them loading the cart—they put the pump and the lead in, which I had taken up the day before—while the cart was waiting Wilson and I went on the top of the house, and I pulled a piece of lead from the roof by his directions—I rolled it up, it was taken down, and put into the cart—the carman came to help us down with it—all four of us were employed—I and the carman put it into the cart—Wheeler told me to help with the cart, and I helped to push it out—they gave me the key of the gate, and told me they were going to build two or three houses—they told me not to open the gate at all, but to keep the key—I was afterwards directed to go and pull down a fencewall with a crow-bar, and was taken into custody while I was about it.
COURT. Q. Did you ask Wilson who Wheeler was? A. Yes, and he said he was his master—Wheeler was there.
Cross-examined by MR. PAYNE. Q. Where do you live? A. Up in Shoreditch—I cannot tell you where I live—I am a stranger, and do not know the place at all—I was not working at this house five days—only one day and part of another—I was there from ten o'clock until night, working at these things all the time—Wheeler told me he was going to build two or three houses up—I do not know what the wall was made of that I pulled down—it was a small brick one, with wood at the top—he told me to knock that down—the crow-bar was used to throw down the bricks with—I did not see any other house there, only this big one and a small one—I had never seen Wilson before.
GEORGE RICKMAN . I am servant to Mr. Tyars, who lives at Homerton. I occupy a house of his, adjoining the house in question, which is rather a private situation—it is a large house, and was formerly Mr. Barnes's school—when persons are inside the gate nobody passing can see what they are doing—my cottage commands a view of the ground—on the 24th of November, about a quarter after eight o'clock in the morning, I saw both the prisoner at the house, assisting in loading a cart—there was a range and some lead in it when I first saw it—I saw lead, part of a pump, and some copper, and the lead which came off the top of the house, put into it—the labourers and the two prisoners assisted in putting it in—the cart was standing inside, and the gates were shut—I continued to watch, and saw Wilson on the top of the house with a crow-bar—Cain had it first, and Wilson took it out of his hand, and wrenched the lead from the side of the chimney—it was folded up and let down through the trap-door—I afterwards saw lead put into the cart—it appeared done in a workmanlike way—they were very little time about it—I told a policeman what I had seen—the house is near the Three Colts, in Grove-street.
Cross-examined by MR. PAYNE. Q. Did you know Mr. Creswell lived here? A. Yes, I do—I cannot tell exactly how long it is since he left—I
have been living at my house about two months—Mr. Creswell went away before I came—I lived in the neighbourhood before, about a mile from the cottage, but I was always up there two or three times a day—I cannot tell how long it is since Creswell left.
GEORGE FREDERICK TAYLOR . I am a plumber, and live at Hackney. I recollect helping to repair the pump at Mr. Barnes's school in April last—I believe the pipe was in good condition then—my father repaired it—I have seen in here to-day—it is not in a sound state now, as it is cut all to pieces think there could be no necessity for removing it from the house.
COURT. Q. Was there any possible assignable reason for taking it down; did it want taking down? A. No.
Cross-examined by MR. PAYNE. Q. Was there any thing to prevent a person, who chose to have a new one, sending that away? A. No.
Mr. GEORGE COLEBATCH. I am surveyor to the trustees of Sir John Cass's Charity. Mr. Edward Colebatch is one of the trustees—the charity is a school in Portsoken ward—I know the house formerly occupied by Mr. Creswell—it belongs to that estate—I have been serveral times before the trustees—my attention was called to this house on the 25th of November—I examined the house on the 25th of November last, and saw the centre part of the roof stripped—it was rainy weather, and it would let the water into the house—I examined the lead in the cart, at the police-office, and to the best of my judgment it corresponded with the quantity taken from the roof—there was no occasion to take it off—it was in good condition—there was a piece of one of the hips at the back of the house, and there was a small piece of it in the cart—the pipe of the pump was cut through—it was a good substantial pump, and the pipe was quite sound—I was at the house on the 15th of October last—the pipe was then under ground, fixed to the pump—there was twenty-six feet of it—there was a portion out of the ground, perhaps three feet—it has been since cut into pieces—it will take 20l. or 30l. to repair the mischief that has been done—the wood-work of the sink in the kitchen had been pulled down, and moved into the middle of the kitchen, and the pump torn away—it had been taken to pieces to remove the pump I imagine—I think this is the same sort of lead as was on the flat—it was laid down at the same time—I should think there was no pretence for removing this lead to reinstate it—the weight of the lead is seven pounds to a foot—I consider that heavy.
Cross-examined by MR. PAYNE. Q. Is it not lead which ought to be replaced by better? A. It might in the course of time—I do not know how long the lead had been on—I do not know how long the house has been built—I was on the roof in February—I have not been on it since—it was in very good condition then—there are holes in it now—I cannot tell whether they might be nail holes or whether it was done by violence, as wear and tear—I should say it did not require replacing by better on the 24th of November—I should think that time would not have that effect—it would not require it to be changed in that time—I cannot tell whether the holes came by worms or not—I saw Mr. Creswell there last on the 7th of September—I met him at the house to look over it—I believe he was the tenant of the trustees—I have not seen a lease.
MR. BODKIN. Q. Are the holes small? A. Yes—I noticed them at the police-office—supposing them to have been there on the 24th of November, they might have been soldered over—there was no occasion to take it up.
Cass's charity. There are other trustees—the house in question belongs to that estate.
Cross-examined. Q. How are you appointed? A. I was nominated by the former trustees—my name is in the deed—the trustees have received rent for the premises—I have not received it, but the receivers have.
HENRY JOHN WHITE . I am receiver to Sir John Cass's trustees. I have received rent on their account for the house formerly occupied by Mr. Creswell, up to Michaelmas last—the last tenant, Mr. Creswell, is in the Fleet prison.
Cross-examined by MR. PAYNE. Q. On what did you receive the rent? A. It was distrained for—I received it as receiver to the trustees—I was not present when it was distrained for—I have been present at all the meetings of the trustees—I have seen Mr. Colebatch act as trustee scores of times—he is one of the persons from whom I received my appointment—my appointment is minute of the board—I have no official document——the trustees give me my instructions—those who are at the board at the time—I have frequently received instructions from Mr. Colebatch, and on those instructions have frequently received rent for this house—Creswell paid 40l. a year—I know nothing of an under-letting to Wheeler.
(MR. PAYNE, on behalf of the prisoner Wheeler, stated, that he had not done more than he supposed he had a right to do, in the exercise of his discretion for the purpose of improving the premises, he having taken the premises of Creswell by an agreement, and therefore he could not be guilty of felony.)
(MR. ESPINASS, on behalf of Wilson, stated, that he had been employed by Wheeler as a workman, and was not aware he was doing any thing improper.)
HENRY MASSEY . This agreement is my writing (looking at it)—it is between Mr. Creswell and Mr. Wheeler—it was executed at the Fleet—I have been a clerk to a notary at Charing-cross—I am not any thing at present—I believe Wilson is a carpenter—I heard so through Wheeler—Wilson was present when the agreement was signed.
MR. BODKIN. Q. Where do you live? A. No. 16, North-street, Westminster. I was clerk to John Wyndham in March last—I have been writing for the houses of Lords and Commons since, till the Session closed—I did not go with the prisoners to see the agreement signed—I used to go to the Fleet to see a friend, and was recommended to Mr. Creswell by my friend to draw up the agreement—this is my hand-writing—it is a negotiation between Creswell and signed—I did not know Wheeler before—I do not know for what term they took the premises—I drew up the agreement from a rough statement given me by Mr. Creswell—there was no term mentioned in it.
(The agreement being read, was dated November 26, 1836, by which Wheeler agreed to take the premises of Mr. Creswell, at the rent of £60. per annum; it described Wheeler as living at Shepherd's bush.)
JOSEPH BALE . I am a bricklayer, and live in Pilgrim-street, Walworth, near Camberwell turnpike, I have known Wheeler four or five years—he a carpenter and builder—I know of his doing work as a builder in the meadow-ground, Peckham, and also in Newport-market, under the Marquis of Salisbury—I worked for him there—I always found him an honest, up-right gentleman—I never heard any complaint against him.
MR. BODKIN. Q. Tell me where Wheeler lives? A. He did live at No. 30, Queen's-row Walworth, in November, and for two or three months—I have been there and seen him—he sometimes employs a good many men, according as his business is—not on those premises—there was no workshop there, but there is one being erected—he has been pretty well to do—better at one time than he is now—I knew him in July last—I believe be came out of Whitecross-street prison under the Insolvent Act—I never heard of his pulling down any houses in Bluegate-fields belonging to a Mr. Webster—I did not know him in 1834; oh yes, I did—I never heard of his pulling down any houses in Bluegate-fields—I never heard that he had six, and pulled them down—I do not know of his taking premises in Golden-lane of a Mr. Finch—I was not present at the sale of the materials of those houses—all this is new to me—I do not know of his taking a house in Camden-row, Islington, and stripping it—I was not very intimate with him—if he has any thing to do he employs me—he never employed me to strip the lead off houses—I do not know of his having a house of a Mr. Jacques, in Bethnal-green, and gutting it—I was in the habit of seeing him very often—I never heard of his having any thing to do with there places.
MR. PAYNE. Q. Then you know nothing of these imaginations? A. No.
JAMES BRYANT . I am a master builder, and live at Peckham. I have known Wheeler about three years and a half—he has been a very respectable man there—he has built houses on the premises, and sold them.
MR. BODKIN. Q. Where is that? A. At Peckham—I heard he was in Whitecross-street prison—I cannot tell how long he was there—I had the last witness examined, but did not pay much attention to it—I know nothing of Wheeler's building line at all.
JURY. Q. In what part of Peckham do you live? A. Peckham-fields—he rented premises there for three years, near the Infant School—he built one house there, and sold it.
MR. BODKIN. Q. Did he build it of old materials? A. I cannot tell—I did not take much notice, but some old materials came there—it was built and sold, and he went away respected.
JOHN CORNELIUS PARK . I am a builder, and dealer in building materials of every description, and reside at Walworth. I have known Wheeler for the last eight years—I never heard any thing against him—he bore the character of an honourable man—I think if he had borne a bad character should have heard it.
MR. BODKIN. Q. You have been connected with him in business, perhaps. A. I have so—not in taking houses—I deal in building materials—I have not dealt with him in that way; oh yes, I have, true, I did—I bought a house at the top of St. Martin's-lane, the materials at least—I pulled that down, and I bought another of him—he has been in prison since July—I cannot tell how long he was in prison—I should say about three months—he came out under the Act.
A JUROR. Q. Do you know Scales, a builder? A. Yes—I have had one transaction with him, and only one—I bought a house of him—I pulled it down, and took the materials away—there was only a part left when I purchased it—I pulled down all there was, and with the sanction of the freecholders—they were residing some distance from London—Messrs. Pugh in the Borough, were the agents.
MR. BODKIN. Q. Perhaps you recollect the houses being pulled down? A. Yes, by Wheeler's men—I did not help—it is better than two years ago—he did not rebuild any there to my knowledge—I made sashes, frames, and doors for him, and he always paid me—the ground is vacant now.
WHEELER— GUILTY . Aged 41.— Transported for Seven Years.
WILSON— NOT GUILTY .
(There witnesses deposed to Wheeler having taken premises of them, and pulled them down; the damage, in one instance, amounted to 500l.)
NEW COURT.—Tuesday, December 13th, 1836.
Fifth Jury, before Mr. Common Sergeant.
RICHARD PALIN BICKERTON . I am a surgeon, and live in Adelaide-street, Strand. Between eleven and twelve o'clock in the forenoon of the 9th of December I was in George-street, St. Giles's—I had put my handkerchief in my pocket about half an hour before—I felt a person touch me—I turned round and saw my handkerchief in the prisoner's hand—I called to the policeman, and followed him—he ran away as soon as I called the policeman—he dropped the handkerchief—a boy picked it up and gave it me—this is it—I have not the least doubt about it—I collared the prisoner, and am sure he is the person.
Prisoner's Defence. I picked the handkerchief up.
RICHARD PALIN BICKERTON re-examined. Q. Did you see any body else near him, who could have taken it and dropped it? A. I do not know—I was walking rather fast—as soon as I turned I saw him three yards from me.
GUILTY . Aged 18.— Judgment Respited.
ALFRED JONES . I am footman to Lady Muncaster, of Belgrave-place. About half-past three o'clock, on the 9th of December, I was walking behind my mistress down Vere-street, and felt a twitch at my pocket—I put my hand down, and missed my handkerchief, which I had seen about ten minutes before—I turned round and saw the prisoner running—there was nobody else near to me—I ran after him and called to a man to stop him—when I got to him he said he would give me the handkerchief if I would let him go—I saw it stuffed into his breeches pocket—I took it from him, and gave it to the policeman this is it—my name is on it.
GUILTY . Aged 15.— Confined Three Months; Three Weeks Solitary.
235. MARGARET FAULKNER was indicted for stealing, on the 4th of December, 1 watch, value 1l.; 1 watch-chain, value 1s.; 2 seals, value 1s.; and 2 watch-keys, value 6d.; the goods of William Brown, from his person.
WILLIAM BROWN . I live in Titchfield-street, Soho. On Saturday night, the 3rd of December, about one o'clock, I met the prisoner at the corner of New-street, Covent-garden—she addressed me, and after a few minutes' conversation pressed me to accompany her to a house in the neighbourhood of Long-acre, which I did—in about a minute or two after entering the room up stairs, she made an excuse to leave, saying she would return in a few minutes—I waited about ten minutes, as she did not come I made my way out of the room, to go home, and put my hand into my pocket, and missed my watch—I had not been there a quarter of an hour altogether—I am sure she is the person—this is the watch, seals, and chain—I was sober—I mentioned it down stairs to the master and mistress who advised me to go to a public-house—I told a policeman—I did not take her till Monday.
Prisoner. You gave me 1s., and left the watch with me, and promised me to come on Sunday morning and give me 5s. Witness. I did not—I gave her 1s., but I did not give her the watch—I paid for the room—I swear I made no promise, nor said any thing about 5s.—she did not object to take 1s.—she was more in liquor than I was—I was quite sober.
JURY. Q. How long had you left work.—A. About nine o'clock, and about half-past nine I went to a public-house kept by a friend, and remained there two hours, I had part of a pint of porter and two glasses of gin and water, which was all we had between five or six of us—the watch was taken from me in that way that I did not feel it—I did not stop—she said she would return in a few minutes.
THOMAS POCOCK (police-constable F 38.) I received information, and went to No. 3, Princes-court, I saw the prisoner and another female in bed, about five o'clock in the evening on Monday—I told the prisoner the must go with me—she wanted to know for what—I said I wanted her for stealing a watch on Saturday night, in Lazenby-court, Long-acre—she replied, "I was not in Lazenby-court at all on Saturday"—when she found I was determined to take her, she said, "I have had the watch, but he gave it to me for 5s."—she was dressing herself, and the other female said, "Here is the duplicate of the watch, "and gave it to me.
Prisoner. I said a man delivered the watch to me, and that I pledged it.
CHARLES HENRY MOORE . I am shopman to Thomas Powell, a pawnbroker in Great Suffolk-street, Borough. I produce the watch which was pledged by the prisoner, on Monday morning, the 5th of December, at eight o'clock, for 15s.—it is worth about 1l.
JURY. Q. Did you ask her whether it belonged to her? A. Yes, she said it did—she gave her address, "16, London-road, "
Prisoner. He asked me no question—I was obliged to go to Horsemonger-lane gaol on Monday morning, to see if a brother of mine was coming out, and that is the reason I pawned it in the Borough.
GUILTY . Aged 25.—Recommended to mercy.— Confined Three Months; Three Weeks Solitary.
JOHN BANKS MAYNARD . I live in Beaufort-buildings, Strand, and am porter to Messrs. Machin, Debenham, and Storr, of King-street, Coventgarden. This waistcoat hung on a peg at their auction-room on the 6th of December—I missed it about one o'clock—I had seen it about an hour before—I know it by the size—we never had one in the room so large before.
CHARLES BEE . I am a coach-maker, and live in Long-acre. About one o'clock, on the 6th of December, I saw the prisoner running up Longacre—I heard a cry of "Stop thief"—I ran across into Mercer-street, and took him—he put his hand into his pocket, and pulled out this duplicate—I took it up.
JOHN BANKS MAYNARD . About one o'clock on the 6th of December I missed these handkerchiefs—I had seen them about ten minutes or a quarter of an hour before—I received information, and followed the prisoner out of the auction-rooms into Mercer-street, and just as I got to him the policeman came up—he took his hat off, and there found these six handkerchiefs—the waistcoat must have been taken before.
THOMAS POCOCK (police-constable F 38.) I stopped the prisoner in Mercer-street—I took his hat off, and took these handkerchiefs out of it—I have found a silver knife and spoon at the Hole in the Wall, in Lambeth walk, which the prisoner used—the publican is not here.
(The prisoner received a good character.)
GUILTY . Aged 26.— Confined Three Months; Three Weeks Solitary.
238. CHARLES HART was indicted for stealing, on the 5th of December, 3 sheets, value 30s.; 1 towel, value 1s.; and 1 tumbler-glass, value 1s.; the goods of Edward Lewis: and 1 waistcoat, value 5s., the goods of Joseph Walker.
EDWARD LEWIS . I live at the Flower Pot, Bishopagate-street. A. little after ten o'clock, on the night of the 4th of December, the prisoner came for a bed, and paid for it—he was shown into a double-bedded room—the other bed was occupied by Joseph Walker—in the morning Walker told me something, and I went to the room—I thought the prisoner was longer than he ought to be—I saw him come out of his room with a bundle—I immediately went into the room, and missed the sheets—I went down and took him, three or four yards from the house, I brought him back, and desired him to open the bundle, but he threw it under the table—the policeman opened it, and found three of my sheets—and found on him the tumbler, and towel, and Walker's waistcoat.
GUILTY . Aged 20.— Confined Three Months; Three Weeks Solitary.
MR. PHILLIPS conducted the Prosecution.
WILLIAM BAKER . I was in the service of William Backwith, at No. 6, Wood-street, Cheapside. He has turned me off on account of this—on the 31st of October, about two o'clock, I was directed to take a parcel to Pearce, Stone, and Halling's, Charing-cross—when I got opposite Burleigh-street in the Strand, the prisoner came across and asked me if I was not Mr. Backwith's boy—I said yes—he asked me if I was not going to Halling, Pearce, and Stone's—I said yes—he said, "I come from them, we are waiting, as they want it at their other house in Tottenham-court-road, No. 153, and not at Charing-cross"—I did not know whether they had got a house there—he told me to go along with him, and asked me to have something to drink—I said no—he gave me a sixpence, and told me to go and get half a pint of porter—I went into a house and got it—when I came out I found the prisoner outside—he said I was to come with him, and I did—when we got nearly to the top of Drury-lane, he said, "Now give me the parcel, I will take it on to Tottenham-court-road"—he took hold of the end of it—I thought all was right, and let it go—he desired me to make haste home—I believed he was an honest man, from, from his knowing where I was going, and asking if I was Mr. Backwith's boy—I saw him again on the 1st of December, in Quaker-street, Spitalfields—I followed him to Norton Falgate—I saw a policeman, and gave him into custody—I am quite sure he is the man—I was with him about a quarter of an hour—I never saw him before—I recollect him by his countenance.
Cross-examined by MR. DOANE. Q. This was on the 31st of October? A. Yes—I first saw him about three o'clock—he was with me about a quarter of an hour—that would make it about a quarter past three o'clock.
COURT. Q. What time did you leave Wood-street? A. I do not know—it was a good bit past two o'clock—it was past two o'clock before I came down from dinner.
MR. DOANE. Q. Before the Justice, did you not say it was a quarter past two o'clock? A. I do not recollect—it was after two o'clock—I do not know how far I was from my employer's residence when I met the prisoner—it was half an hour's walk with a parcel—it was about a quarter past two o'clock when I left my master's—it would be a quarter to three o'clock when I met the prisoner if I went direct, but I stopped looking at some shops—I saw the prisoner about three o'clock, and left him at a quarter past.
CHARLES GREENLEES . I am warehouseman to Mr. Beckwith. I remember on this day Baker being given a parcel to take out, it was similar to this one—the invoice was on it, so that the name was visible—I sent him out, to the best of my recollection, from a quarter to half-past two o'clock in the afternoon—it contained fifty-eight yards of crimson silk damask worth 36l. 12s.
Cross-examined. Q. Did you put it into the parcel? A. No, I saw the parcel—I did not see the silk in it—I saw the entry in the day-book.
MR. DOANE called
JOHN HARRIS . I am a chairmaker. On the 31st of October I was at the Coventry Cross beer-shop, in Quaker-street, about half-past twelve o'clock—I drank there, and was there till about five o'clock in the afternoon—I do not know Richard Brown by name—there were others there—the prisoner was there when I went in, and he did not leave before I came out—he was there the whole time, from half-past twelve, to five o'clock—there was a hat brought in by the landlady, and something was said about it.
MR. PHILLIPS. Q. Of course you went before the Magistrate? A. No, I did not—I heard the prisoner was taken up last week—he is no particular acquaintance of mine—I have known him twelve months—I know the street he lives in, it is Nelson-street—I do not know the house—he is a hatter—I was talking to him on the 31st of October—there were several persons there—we were conversing about nothing particular—I was sitting at a table with the prisoner from half-past twelve till five o'clock—I had occasion to leave the room, and go into the yard, but I was not absent above two or three minutes—it was on a Monday—I am not in the habit of going there—I have been there two or three times—I have seen the prisoner there—the landlady came in about two o'clock with the hat—the prisoner was there, sitting in the room—I do not know whether he had been drinking or was drinking—there were several pots and glasses before him—he was dressed in a close-bodied coat, I think it was black, and a black apron—I cannot tell whether he had on a white or black cravat—I do not know whether he had a hat on when the landlady came in—he put it on, and took it off, very likely—of course he did—I have never been here before in my life, nor in any court of justice—I do not know what you mean by a court of justice—I never in my life saw a trial or heard one—I was at Worship-street Office, only just to hear this—I never was a witness nor a prisoner—it was from mere curiosity that I went to the office—the prisoner went into the yard, from half-past twelve to five o'clock, two or three times—he had no great coat on—I am employed by my brother, and he pays me, whether I am there or not—he was not in the public-house—I had been to Mr. Sykes's timber-yard, to look out some timber, there might be three or four sitting at the table with me and the prisoner—I have seen some of them here to-day—I have not been talking to them as to the evidence we were to give—I have spoken to them—I cannot give the names of any of them—none of them were acquaintances of mine—I had seen them before, and spoken to them in the house—I meet them there, and so I do in many other houses—I drank half-and-half—I do not know how much—I do not know what I paid—I paid the landlady—I generally pay for my drink as I have it—I was sober I should think—I never gave any account of this to any one—I mentioned it when I ascertained the prisoner was in trouble—it was spoken of in the public-house, and I said it was a great pity—I was not in the house on the Monday following the 31st of October, nor on any Monday afterwards—I was there the Monday before—I cannot tell who I met there—I have been there since the 31st of October about three times—I knew the prisoner by the name of Creswell.
COURT. Q. Was he drinking with you all this time? A. No; I
was drinking by myself—I do not know who was drinking with him—there was no female in the place—I do not know what he was drinking—it was malt liquor—I remember no subject that we conversed upon—I sat opposite the fire—there was only us three at the table—there were four or five, or six or eight came in while I was there.
MR. DOANE. Q. This occurred six weeks ago? A. Yes, there has never been any charge against me.
COURT. Q. It was the day the hat was brought in? A. Yes—yesterday six weeks—it was two days after my birthday, else perhaps I should not have recollected the day so well; and the Monday was the day I went to Sykes's timber-yard.
JURY. Q. What day did you hear first of this? A. It was the week before last, on Monday or Tuesday—I heard of it at Mr. Harris's house about a day or two after the man was taken—he was not absent two minutes at any one time—he had no whiskers—I never knew him with whiskers.
RICHARD BROWN . I am a silk-weaver, and live in Church-street. On the 31st of October I went to the Coventry Cross beer-shop between one and two o'clock—there were several persons there—the prisoner was there—I was there till between eight and nine o'clock at night—I did not leave the room for ten minutes—the prisoner left before me; to the best of my recollection between five and six o'clock.
MR. PHILLIPS. Q. Did you see him come in? A. No—I have known him by being at Harris's beer-shop eight or nine months—I do not know the witness Harris only by drinking part of a glass of ale with him—I knew his name by his being there—I had no employment to go to—I have known him by being there three or four months—he knew my name—he spoke to me by my name—I have drank with him every time I have seen him there—once a week, for the last two or three months—I heard he was in trouble about six weeks ago—I did not tell Harris about it in the public-house—it was mentioned there within the last week—I heard he was in trouble about the 1st of November—I do not mean the first of this month—the prisoner had a frock coat on, and a pair of blue trowsers—I did not notice his coat—it was a kind of bluish coat—it was Monday—the next day would be Tuesday, the 1st of November, and I heard it then, and was conversing about it—it was the landlady I heard speaking about it—she said poor Creswell had got into trouble—I never asked what it was about—she is here.
COURT. Q. Where were you sitting in the public-house this day? A. By the side of the fire-place—Harris sat opposite, against the doorway—I went in by myself—there was one or two more sitting drinking with them—the prisoner was right opposite to where I was sitting, on the other side of the room, about four yards from Harris—I do not know who was at the table with the prisoner—there were two or three—I do not know their names—Harris was not at that table.
MR. DOANE. Q. Do I understand you to say that on the next day you heard of this? A. As near as I can recollect.
Prisoner. It is a very hard case—I took the hat home, and was paid for it.
HARRIET HARRIS . My husband is the landlord of the Coventry Cross beer-shop. On the 31st of October Harris and Brown were in the beer-shop—the prisoner came about twelve o'clock, as near as I can recollect, to bring my husband a new hat—that makes me recollect it—he stair till
six o'clock, or near that time, because my husband was not at home, and he waited.
MR. PHILLIPS. Q. Do you know the last witness, Harris? A. Yes—I have known him nine or ten months—he was in my house that day—he came in about two o'clock—I cannot say when he left exactly; I should think about four or five o'clock—he ran no score—he paid me—he was drinking ale in pint-pots or quarts; it might be both—what I served him first was a pint of ale—porter and ale was the only liquor I served him—Brown frequents the house at times—I remember seeing him on the 1st of November—I have never conversed with Brown about this business—I should not have thought of it, only the young man's friends came to me—I never told Brown that Creswell was in trouble, not on the 1st f November—the prisoner had on a round jacket that he works in.
(Martha Bullen, of Castle-street; Thomas Walker, silk-manufacturer, of Trawl-street; and Robert Wilkinson of Shoreditch, gave the prisoner a good character.)
GUILTY . Aged 22.— Transported for Fourteen Years.
DAVID JAMESON . I live in York-street, and am a clothes-salesman. On the 2nd of December I saw this coat about eleven o'clock, and was asked the price of it—about a quarter after twelve o'clock it was taken from the shop by some one—I was told something, in consequence of which I ran after the prisoner—he ran one way, I turned back and met him in a different way buttoning the coat on—I collared him—he endeavoured to take if off—I got him as far as a neighbour's house, about fifteen yards from my own, and got them to render me assistance, as he was likely to get the better of me, as I was in a flurry—this is the great coat—he said, "What do you mean by collaring me?"—I said, "You vagabond, that is mine"—I took him to the neighbour's house, and then we got the coat off him—as I was taking him to the station-house the policeman met us.
Prisoner. Q. Did I not say, "If this is yours, I will give it you; let me go back to the person that gave it me?"—A. No.
MALCOLM M'CARTHY (police-constable B 156.) I took the prisoner—he said nothing till he was going into the office—he then said to a boy, "It is all up with me—the coat was nailed on my back—I am sure to go."
Prisoner. That man has threatened that he would transport me many a time—that same morning he saw me, and said, "Young fellow, I suppose you are going out, I will have you before the day it out, Witness. No, I did not meet him that morning.
Prisoner. I went down Gardener-lane, a young man said, "Where are you going, will you sell this for me?"—I said, "What do you want?"—he said 4s., and I had but 3s. 6d., which I gave him—I put it on, and was going close by this prosecutor's—do you think I should have gone with it close to his house if I had stolen it?
DAVID JAMESON . A person told me he had turned to the left, and I went that way and did not see him—I turned back, and went to the right, and met him coming up a turning, and he had got it on, buttoning it up.
Prisoner. Q. Have you got the person who saw me steal the coat? A. No—he was a total stranger to me—I found it on you within five minutes after I missed it.
GUILTY . Aged 17.— Transported for Seven Years.
SAMUEL STRETCH . I am ostler at Mr. Martin's livery stables, of Burwood-mews, Edgware-road. I had a bridle belonging to Mr. Myles Charles Seaton in my hand, on the 6th of December, about six o'clock in the afternoon—I missed it on the 7th of December about five o'clock in the evening—I employed the prisoner on Tuesday to drive a gentleman's phœton—he came again on Wednesday morning, and I missed the bridle that evening—on the Thursday I saw him, and questioned him about it—he denied it, and I gave him in charge—this is the bridle.
Prisoner. I hope you will have mercy on me,
GUILTY . Aged 26.— Confined One Month.
WILLIAM RADBURN . I live in Broad-street, Ratcliffe-highway. The prisoner came for a lodging on the 9th of December—he said he had rode from Bristol all day and all the night before—I said, "We do not take in strangers"—he said he had got a reference to the place where he was to go to work—I said he might come there, but he must be in by ten o'clock at night—he agreed to pay 15s. a week for board and lodging—he went to bed at ten o'clock that night, and the next morning when he got up. I saw he looked big—my wife went up and missed the sheets, and I asked him about them—he said he had not got them—I insisted upon searching him, and found them in the waistband of his trowsers, wrapped round him—these are them.
GUILTY . Aged 19.— Transported for Seven Years.
ELIZABETH MOORE . I am the wife of Isaac Moore, of Earl-street Marylebone—I take in mangling. On the 6th of December, the prisoner came to have a petticoat mangled—on her taking it away. I missed linen sheet—on Thursday afternoon I saw her in a house in York-court—I called her out, and asked her if she knew me—she said "Yes"—I asked her about her out, and asked her if she knew nothing about it—I got her to my room, and there I begged her to confess—she pulled a bag of duplicates out of her bosom, and gave me one for my sheet.
said it was the property of her mother—the sheet being made of several pieces, I thought it was likely to belong to a poor person, and took it in—she has pledged at our shop before.
Prisoner. I did it through distress.
GUILTY . Aged 16.—Recommended to mercy by the Jury.
Transported for Seven Years.
OLD COURT.—Wednesday, December 14th, 1836.
Third Jury, before Mr. Sergeant Arabin.
244. JOHN BROWN was indicted for stealing, on the 4th of December, 1 coat, value 2l., the goods of Cornwallis Maude Viscount Hawarden.—2nd COUNT, stating it to be the goods of Henry Crane.—3rd COUNT, stating it to be the goods of Samuel Roberts, and another.
CHARLES ROSSITER . I am a policeman. On the 4th of December, about six o'clock in the evening, I was on duty in Tottenham-court-road, and received information that a coat had been stolen from a gig—in less than a quarter of an hour I met the prisoner coming down Tottenham-court-road, with this coat on his shoulder—I stopped him, and asked what it was—he said it was his own—I asked where he got it—he said he had bought it, about six weeks ago, of a gentleman's servant in Lisson grove—I took him back to where the gig stood, and it proved not to be the coat that was stolen from there—I however took him to the station-house, and on the way he said he had bought the coat with a blue one, which he had sold to another man—I asked if he could tell me who the man was he sold it to—he said he could not—I asked him what he had been doing himself—he said driving a cab—he could not tell me who for, nor refer me to any one who had seen him with the coat—I cut a button off the coat, and found out the button-maker, who told me whose crest was on it, and the footman came afterwards to identify it.
HENRY CRANE . I am coachman to Lord Hawarden. I know this coat, it belongs to his lordship, and was in my custody—I lost in from Samuel Robert's livery-yard, at the top of Oxford-street—he has a partner—the last day I used it was on the 3rd of December, at five o'clock—I left it on the seat-cloth of the carriage, and missed it on the morning of the 5th. I know nothing of the prisoner.
Prisoner's Defence. I bought the coat of a man in livery, with another, on Saturday evening—he said he was out of place—I sold the blue coat to another coachman—I drive a cab for one Nicholson.
GUILTY .* Aged 37.— Transported for Seven Years.
Before Mr. Justice Littledale.
245. JOHN DAVIS was indicted for a robbery on William Munnings Thomas, on the 5th of December, putting him in fear, and taking from his person, and against his will, 1 cloak, value 15s., and 1 shilling his goods and monies.
WILLIAM MUNNINGS THOMAS . I am a clerk in the Coast Guard Office in the Custom House, and live in Warwick-square. On Monday the 5th of this month, I went to Drury-lane theatre, at half-price—I waisted there for half-price to commence—there were a number of people waiting as well as me—I had a silk handkerchief on my neck, which I took off—I dropped it with my gloves—the prisoner picked them up and offered them
back to me—he made a half bow and said, "Shall I hold them for you?" while I was tying my neckcloth and putting my collar to rights—I do not know that I answered him, but I made a kind of bow of assent, and went on adjusting my black handkerchief and collar—I then turned round to receive my handkerchief and gloves, but the prisoner was gone—I went after him, and found him in about half an hour, under the piazza of Covent-garden—he said he had been looking for me, and he said, "You will think it odd, "or "think me odd, but I caught a glimpse of a friend, and at the impulse of the moment I rushed after him, quite forgetting that I had your things, but could not find him"—I said I was very glad we had met, and asked him for my handkerchief—he looked at himself and said, "I have just been to change my coat, and having given up the idea of seeing you again this evening, I have left the gloves and handkerchief in the coat, "but he said if I was walking his way we would go and fetch them—he then took hold of my arm, and asked me to go into a public-house opposite, first, to see if his friend was there—we went in, but there was no one there that looked likely to be his friend—I observed to him that there seemed to be nobody there who knew him, and was proposing to go—he then asked me whether I would not have any thing to drink—I said I really did not want anything—I appeared rather vexed, and proposed going—when we got out of the house he said I might any morning find him at a large shop in St. Paul's churchyard—he again took hold of my arm, and said we would go to his rooms—we walked up to a house in Brownlow-street, and when we came to a kind of public entrance to several rooms, the door was open—he stopped me and said, "I will run up and fetch your handkerchief and gloves, I won't trouble you to come up"—this staircase seemed to have a thoroughfare at the foot of it, out behind into a yard, or some other street—I fancied he wanted to escape with my property, and I told him it would not be the least trouble, and I had rather accompany him up and fetch them—there was a woman on the staircase with a light, which she gave to the prisoner—he went up to his room, opened the door, and walked in, I following him—the room struck me as rather an odd one, not at all according with the person's appearance, it was very shabby—and on my turning round the prisoner had slipped back and shut the door, and was taking the key out of the lock and putting it into his pocket—I was very much alarmed, and thought I had fallen into a snare of some kind, but I tried to look as calm and collected as possible, and I civilly asked him for my handkerchief—he said "Ah, we will talk of that presently, let us have something to drink," at the same time holding out his hand to me to supply it, and I wishing to keep on terms with him, and being in fear, gave him a shilling: when be immediately said, "Come, I know you have a sovereign about you"—I assured him I had not one—he again said he was quite sure I had; it was all nonsense, and on my saying I really had not any thing more about me, he stepped forward, or rather rushed forward, and seized my cloak from off the chair which was standing by me—it was half on the chair—I had it on my arm when I came in—he said, "I must keep this till you bring me one"—it was lying on the front of the chair—whether part of it was on my arm, or sleeve, or not, I cannot say—it had slipped off, and I think the sleeve might be on my arm—I had never thrown it from me, but in feeling for the shilling it had slipped off—I was touching it—my knee was against it—I then remonstrated with him, and he retorted, "I did not ask you to come up"—I said it might have been as well if we had brought a third person—he asked what I meant—I muttered something
about the police, when he said, "Ah, a pretty figure you would appear in the papers before all your friends as a d----d s—d"—I did not reply to that, and he said, throwing the cloak on the bed, "Well, we will say nothing more of that; if you will bring me the sovereign you shall have the cloak, but you must let me have something more to keep till you bring me the sovereign; "and upon my again assuring him that I really had nothing more about me, and in feeling my waistcoat-pockets at the same time, my under-coat flew open, or I opened it myself, and he spied two shirt-studs which I had, and also a ring which I had on my finger—he immediately demanded them—but I stood out for those, and said, "Nothing shall induce me to part with these"—he said, "Well, well, I do not wish to be hard upon you; you will bring me the sovereign I am sure, won't you?"—I said, "I will, but I am sure I will not bring it to this place"—he then asked me whether I would bring it to the Piazza, where we had met in the evening—I said I would—he asked me whether I would come on Thursday, and I, thinking it was then Tuesday evening instead of Monday, (and wishing to gain time if I took any advice,) said I should be out on Thursday, but would come on Friday—he then came round in a more familiar manner (he had been walking about)—he stirred the fire and patted or touched me on the shoulder, saying, "I am sure I can depend on your coming, my good fellow"—he then said we would go and get something to drink, and he unlocked the door, but did not put on his hat—he accompanied me down stairs, and again reminded me of the appointment on Friday evening, and we parted—next morning I went to a friend, who was an attorney, on my way to the Custom House, but he had not come to his office—I went to the Custom House, and got away a little earlier than usual, and went to a friend, a barrister in Gray's Inn, for advice, and I went immediately to Marlborough-street police-office—the Magistrates had separated, and I went to the house of the senior Magistrate, Mr. Dyer, who told me to come to the office next morning, and he there granted me a warrant against the prisoner, and introduced me to Schofield the officer, who went with me down to the neighbourhood of the theatres—Schofield directed me to walk before him—after walking some time, I fancied I saw the prisoner at some distance before me in a M'Intosh cloak—Schofield gave me directions how to act, and in another street, close by there, I purposely brushed up against him, and came in contact with him—on our recognising each other, he said, "Yes, here I am, and in your cloak, too"—I made signs to Schofield, and he came up and took the prisoner—he then denied ever having seen me before, and said the cloak was his own—I can positively swear to the cloak he had on being mine.
Prisoner. Q. Did you tell the Magistrate I seized the cloak which you threw across the chair? A. I told him you snatched the cloak off the chair—I had brought it from the theatre with me on my back—I had it on when we went to the public-house.
BENJAMIN SCHOFIELD . I am an officer belonging to Marlborough-street office. The prosecutor came to me on Wednesday last, about three or four o'clock in the afternoon—I went with him about eight o'clock towards Drury-lane theatre, and just at the end of Marquis-court, Drury-lane, he pointed out the prisoner to me, in company with three others—I walked up to them, where they were all stopping, in Vinegar-yard—the prisoner, on the prosecutor coming up to him, walked off at a very quick rate—he went through Cross-court, Russell-court, into Drury-lane, turning round the corner of White Hart-street, where I passed the prosecutor and the prisoner in conversation
together—I heard them speaking together—I immediately turned round, after passing them, took hold of the prisoner, and said he was say prisoner, as I had a warrant against him for felony—I asked him if he knew the gentleman he was talking to, pointing to the prosecutor—he said, "No, I never saw him before in my life"—I asked him if he recollected taking a pocket-handkerchief and a pair of gloves at the theatre on Monday night last from a gentleman—he said, "No, nothing of the kind"—I asked if he recollected going to his lodging on Monday night with a gentleman—he said no, he did not recollect any one at all—I asked him if he recollected any thing about a cloak that he had had of a gentleman—he answered no, he had not—I then took him into the Marlborough Head public-house, Marlborough-street, opposite the office—I called the prosecutor in, who immediately identified this cloak, which was on the prisoner—the prisoner most positively denied it being his, and said it was his own—he likewise said to the prosecutor, "You never saw me with your eyes before in your life, and I never saw you"—I repeatedly asked the prisoner for his name and address, which he refused to give me—on the following day he gave the name of John Davis before the Magistrate, and requested me to go to his uncle to make inquiry about him—his examination was not taken down in writing at that time—it was merely an investigation taking place—it was on Thursday—his examination was not taken till Saturday—he wrote his uncle's address on the back of the warrant, "Mr. Price, edge-tool maker, Curtain-road, Shoreditch"—I went there, and saw Mr. Price, and found they were not related—this is the cloak I took off the prisoner, and here is a pair of gloves which were in the pocket.
WILLIAM MUNNINGS re-examined I can swear to this cloak from one or two marks—I mentioned before I saw it that there was a little burant hole in the cuff, and I pulled the cuff down, and found it there—the buttons are the same, and there is a shooting flap which I know it by—I can swear to the cloak most positively—it is the same I have spoken of.
Prisoner. Q. Did you not meet me on Monday week in Wych-street, about eight o'clock near Madame Vestris' Theatre, as I was looking into as print-shop? A. No—I did not ask you if you had read "Fanny Hill"—I did not ask you where you were going, and you did not say you were going into the Strand—I did not ask you to have any thing to drink—I came through Wych-street, if that is street Madame Vestris' theatre is in, on my way to Drury-lane—I cannot say at what time, but when I got to the theatre half-price had not commenced—I will swear I did not stop to look into a print-shop—I might turn my head it there was a shop with a light in it, but I did not stop at any shop, not for one moment—I walked on the same side as the print-shop, I think—I crossed over to go to the theatre—I know there is a print-shop there—I do not know Dugdale's shop—I never heard that name before—I did not walk with you from that shop to the end of Drury-lane—I did not ask you where you lived.
Prisoner's Defence. After we passed the side of Drury-lane, theatre which leads to Lincoln's-Inn-fields, he asked me where I lived—I told him with Mr. and Mrs. Nelson—he said, "Suppose I go with you to your lodging, we will have something to drink there"—I said I had no objection, very likely Mrs. Nelson would be there, and we could have a comfortable glass together—we then walked on till we came to Brownlow-street—I went up stairs, and when he came up I asked him to sit down, and told him Mrs. Nelson was out, and would not be long before she was
in—I stirred up the fire—he sat down, took off his M'Intosh cloak, and threw it on chair—he then said, "What shall we have to drink?"—I said, "A little gin, if you like, "and he gave me a shilling out of his waistcoat pocket to fetch the gin—I fetched sixpennyworth, and gave him 6d. change—he waited in the room while I went for it—we were talking about one thing or another—I told him I had to go out a great deal in the wet—he said he should be very happy to see me and my landlady, and so on, and he promised me the cloak, which was then on the chair, till Friday night—this was on the Monday night, and I was to meet him under the piazza of Covent-garden—he asked me if I was fond of reading—I told him I was—he said he would bring me two or three books, and he hoped he should be better acquainted with me, and he should like to see my landlady—after he had sat about an hour, he said, "Well you will see me down stairs?"—I took the light, and said, "You know the direction, No. 18, Brownlow-street"—he said, "Yes, I do, "and I bid him good night at the bottom of the stairs—I did not expect to be tried so soon, or I could have had friends here.
GUILTY. of stealing from the person, but not by violence. Aged 27.
Transported for Life.
Before Mr. Baron Bolland.
246. WILLIAM WESTBROOK was indicted for stealing, a certain letter containing a £5 Bank note, the propery of Joseph Walls, which came into his hands in consequence of his employment as inspector of letter-carriers in the General Post-Office; and MARTHA WESTBROOK for feloniously receiving the said note said note, well knowing it to have been stolen; against the Statute, &c. Other COUNTS, varying the manner of laying the charge.
MR. ATTORNEY-GENERAL with MESSRS. SHEPHERD and ADOLPHUS conducted the Prosecution.
HARRIET WALLS . I am the wife of Joseph Walls, and live in Colesend-street, Pimlico. On the 31st of October I gave a £5 note to my sister, Elizabeth Whitmore, and told her to enclose it in letter to my mother, whose name is Elizabeth Whitemore—she lives at Leamington—her husband's name is Joseph—I received a letter from my mother about a week after, saying she had not received it.
ELIZABETH WHITMORE, JUN . I live with my sister. On the 31st of October I received a £5 Bank of Enlgand note from her—I took a memorandon of the number and date, which I have here, "No. 6820, Sept. 3."—I did not put the years down, but I believe it was 1836—I enclosed the note in a letter to my mother—in the course of the day Mr. Maher, the Member of Parliament, came to our house, and I got him to frank the letter—he wrote on it "Mrs. Whitmore, at Mrs. Hooper's Bath-street, Leamington. Warwiekshire"—he sealed it, and I took it to the bellman at the door, and gave it him—that was about half-past five o'clock—I did not receive and letter from my mother acknowledging the receipt of it—I wrote to her about it about a week after, and received an answer from her.
Cross-examined by MR. PHILLIPS. Q. When was your attention drawn to the note after the 31st of October? A. I had requested and answer from my mother by return of post, and not receiving one in about a week I wrote to her—I wrote this memorandum at the time I enclosed the note—on the 31st of October.
COURT. Q. Do you know the man to whom you delivered the letter?
A. The postman—(looking at Laurence)—that is the man—I frequently give him letters.
THOMAS GEORGE LAURENCE . I am the bellman belonging to the post-office. I was on duty on the evening of the 31st of October last—I do not recollect receiving a letter from Miss Whitmore, but I conveyed all the letters I received in a bag to the cart at the corner of Park-lane, and delivered them to John Williams, the guard—the bag was locked.
JOHN WILLIAMS . I am in the employment of the Post-office as guard of a mail cart. I received the letter-bag from Laurence on the evening of the 31st of October—I carried it to the General Post-office—I delivered it to the tick clerk—a man calls out the numbers, and the tick clerk ticks them off.
JAMES NELSON . I am a clerk in the Bank of England. Here is a £5 Bank of England note, No. 6820, dated the 3rd of September—that was in circulation on the 31st of October—it came in on the 21st of November—there was no other note of that number and date out at that time.
Cross-examined by MR. PHILLIPS. Q. Have you brought the books here? A. No—they are not allowed to come out—my information in derived from the books—I cannot tell how many £5 notes there were out of the two or three preceding years—I have traced back in the books as far as 1794, and there were no £5 notes issued before that—I searched for the year 1836—I looked for the 3rd of September in each year—I did it alone—there were 10, 000 £5 notes issued of the 3rd of September, 1836—there were none of that number in 1835 or 1834—there were several before that—I never make mistakes, that I am aware of, in these cases, or in any case—I am not aware of good notes being declared forgeries, or of notes being issued from the Bank without a signature.
COURT. Q. How long have you been in the Bank? A. Ten years—the Bank do not send out notes of the same amount and number in following years—not generally—very seldom indeed—and never that I know of personally.
MR. PHILLIPS. Q. Why do you say "very seldom, "if they never send it? A. I merely answered on the impulse of the moment.
MR. ATTORNEY-GENERAL. Q. Are you sure there was only one note, No, 6820, dated the 3rd of September, out on the 31st of October last? A. Yes, I am positive of that.
ELIZABETH WHITMORE . I am the wife of Joseph Whitmore, and live at Leamington—I am the mother of Mr. Walls and Miss Whitmore. On the 31st of October I was residing at the house of Mrs. Hooper, in Bath-street, Leamington—I expected to receive a letter from Mrs. Walls, containing money, at the beginning of November—no such letter ever reached me—I inquired at the Post-office at Leamington, and they told me no such letter had come to hand.
JOHN LLOYD DAVIES . I am shopman to Dear and Co., linen-drapers in Shoreditch. On the 12th November, the female prisoner came to our shop—she bought some flannel and calico, and gave me a £5 note—I gave her the change out of it—I asked her address, and she gave me "Mrs. Westbrook, 6 Powell-place, City-road"—I wrote that on the back of the note as she gave it me, in her presence—I see it on this note—this is the one she paid me—she looked at a piece of Irish linen at the time, and said she would call on Monday for it, but she did not—about a fortnight afterwards, when the note was returned to us, I went to No.6, Powellplace, and there was no person of that name living there.
Cross-examined by MR. BODKIN. Q. What time of the day did she come to your shop? A. About twelve o'clock in the day—there were not many people in the shop—I did not learn that the had ever lived at Powell-place—I saw a person named Green there—I went to Poole-terrace, but there was no Westbrook there—I inquired at No. 7, Powell-place, but they did not know her—there are eight or nine houses in Powell-place.
COURT. Q. What was the note returned to your house for? A. It as traced to us, and was returned by a gentleman from the post-office.
WILLIAM REYNOLDS . I am a sub-sorter of letters in the twopenny post-office. The male prisoner was an inspector of letter-carriers in the twopenny post department—he inspected the carriers of the principal office, which embraces the city, also the south and east part—he was, generally speaking, inspector of twopenny post carriers—letters are frequently missorted from the inland to the twopenny post-office—that sometimes happens with letters franked by Members of Parliament—there are several Bath-streets in the twopenny post delivery—if a letter got into the twopenny post-office by mistake, it ought to be sent back to the inland office by putting it into a box which stands before us, and the stamper takes it out into the inland office—if we discovered it in sorting, it would be returned through the tunnel, but if it went further, it would be sent in a box; if we misread the direction for London, it would be sent out in the hands of the letter-carrier; and if he took it out, it would be his duty to return it the next time he came—it would come into the office again in time for the mail at night, to go to Leamington—on the evening of the 31st of October the prisoner was one of the inspectors on duty, until about a quarter to seven o'clock; from ten o'clock in the morning, and on the following day also—during that time he had constant access to the sorting office—if a letter had been brought back, having been wrongly sent, it would be delivered to him if it was after ten o'clock—the letter-carrier would bring it—some letters come in before ten o'clock—they are delivered to the senior inspectors, Mr. Burt and Mr. Till.
Cross-examined by MR. PHILLIPS. Q. How many sorters are there altogether? A. Seven—the sorting office is nearly as large as this court—no one but those belonging to the department go into it—persons belonging to the department are constantly going backwards and forwards—the prisoner has been in the office nearly sixteen or seventeen years—he has been the means on four or five occasions of detecting dishonest practices—I have not seen him change notes for persons in the office—mistakes will sometimes occur in the post-office, and at times to a considerable extent—it would be a mistake to put a franked letter directed to Mrs. Whitmore, at Mrs. Hooper's, Bath-street, Leamington, Warwickshire, into the twopenny bag.
MR. ADOLPHUS. Q. Would it be a great mistakes? A. No—I say it would be a mistake—it is a mistake which I have known occur—only last night a letter was addressed to Pardon-house, Lymington, and we sorted it for Kensington—that was not franked—there is a Bath-street in Newgate-street, never Warwick-land.
SAMUEL BOURNE . I am an inspector of the twopenny post-office. On the first of November I was there the whole day, from seven o'clock in the morning, and continued till eight o'clock in the evening, till business concluded—I have been inspector for about six years, but for thirty years I have superintended letter-carriers—it is the duty of the sorter or letter-carriers, if a
letter is mis-sorted to bring it to one of the inspectors—I do not remember whether this letter was brought to me that day—if it had been, and I discovered it to be directed to Leamington, Warwickshire, I should have returned it to the sorting office.
Cross-examined by MR. PHILLIPS. Q. Did you say if you had discovered it, you would have taken it to the sorters or carriers? A. I said, to the sorting office—I should have sent it or carried it—the carriers have no communication with the sorters' office—if a letter directed to Leamington, Warwickshire, were mis-sorted into the twopenny post on the 31st of October it would be the duty of whoever found it, to give it to me before ten o'clock in the morning—I do not remember that it was brought to me that morning—I will not undertake to swear positively one way or the other.
Q. Has not the prisoner sometimes changed notes for persons in the office? A. I have been him change notes for different persons—he has the payment of certain money due to letter-carriers for extra duty, which comes to some considerable amount in the year—it is a place of trust—I have known clerks in the office ask him for change—I should not think it would take his attention from his duty to give it—mistakes are sometimes made in the office.
MR. ATTORNEY GENERAL. Q. When you have seen him change notes for gentlemen in the office, has he made an indorsement on the notes? A. What ever I have observed him change notes he has—I cannot say what he has indorsed, but I have seen him indorse them—it is his duty to indorse on them the name of the person he receives it from, as well as his own—we have had particular orders so to do—I cannot say how long that has been the order—I have known it for twenty years.
JOHN TYRRELL . I am one of the inspectors in the twopenny post. I was on duty there on the 31st of October, from seven o'clock in the morning till eight o'clock at night—a letter put in on the 31st, and sent to the twopenny post that evening, would not come under my observation at all—the mistake would not be communicated to me that evening, if it was discovered—I have heard the prisoner direct the letter-carriers how to indorse their bank-notes, when there was any going to be paid into the Treasury through the charge-takers—there is a direction by the receiver-general about their being indorsed across the middle of the notes—it is those instructions I have heard the prisoner give—if a letter is discovered by the sorter to be mis-sorted into the twopenny post-office, it would be sent to the inland office—but if it came out being read London, and it got into the letter-carrier's hands, to be delivered, he would not bring it to the office till ten or eleven o'clock.
Cross-examined by MR. PHILLIPS. Q. You say if they read it London—is business so done in your office that any human being could possibly read this for London? A. Many directions are so imperfectly written, I should not be surprised at a mistake—a letter came into my hands last night, as plainly directed to Ludlow as possible, and was sorted for London.
NICHOLAS PIERCE . I am a police-inspector. On the 5th of December I went to No. 24, Ann's-place, Hackney, with Lloyd and Davis—I saw the female prisoner there—I took this £5 note with me—I asked her if she had passed a £5 note at Mr. Dear's, she said "Yes"—I first asked her if she knew the person who was with me, Davis—she said she did—I asked how she came by the £5 note—She said she could not then recollect—I said, "You must certainly recollect who you got it from"—she said, "I do not, you must give me some time to recollect myself"—I put the
same question repeatedly, and in about ten minutes she said, "I had it of my son"—(I had the note in my hand, but did not give it her to look at) I said, "What son?"—she said, "At the post-office"—I said, "When did he give it you?"—she said the day before—I asked if it was the day before she passed it at Mr. Dear's—she said, "Yes"—I then left her in charge of the constable, and proceeded to the General Post-office, where I saw the male prisoner—I asked him his name—he said, "West-brook"—I asked if he had a mother, and where she resided—he said he had, and she resided at No. 24, Ann's-place, Hackney-road, (which was where I had found her)—I asked if he had seen her lately—he said yes, he saw her yesterday—I then said, "Did you see her about the 10th or 11th of last month?"—he said Yes, he was in the habit of seeing her daily—I said, "Did you about that time give her a £5 note?"he said, "No"—I said "Are you certain you never gave her a £5 note?"—he said, the second time, he had not—at this time I told him I was an officer, and would advise him to be cautious, and not answer any questions without he chose—I put no further questions to him—I heard him say, soon afterwards, (in less than two minutes,) that he had given his mother a £5 note—he was asked to account for it—he said he could not, but he had taken it from some one in the office—I do not think I showed him the note—he was made acquainted that the note had been stolen, and traced to his possession—he was told so by a gentleman in the office—the conversation was all within ten minutes—it was five or six minutes after he said he had not given his mother a £5 note, that he was told one had been stolen and traced to his possession—that was in a conversation with a gentleman in the office—he acknowledge giving it to his mother before he was told one was stolen—there was some conversation passed between Mr. Smith and the prisoner—I heard Mr. Smith say, it was his bounden duty to state how the note came into his possession—to the best of my knowledge that was between his denial and his saying he had given it to his mother, but I cannot say whether Mr. Smith had not told him it was traced to him—I searched a drawer belonging to him, which he stated to be his, and found a pocket-book in it, containing a £5 note—there was an indorsement on it—"Linwood Westbrook, T P O"—I did not show him the note in question.
ROBERT SMITH . I am a Superintending President of the twopenny post-office. When the policeman came to say he had got the mother in custody the prisoner was called into my room—the officer asked him his name—he said Westbrook—he asked if he had seen his mother lately—I believe he replied, "Yesterday"—he was then asked if he had seen her about the 10th of November—he replied that he had—he said he frequently saw her—that he passed through her street (in his way to his residence, I suppose)—he was then asked if he had given her a £5 note—he said he had not—the question was put to him a second time, and he made the same answer—I think no date was given him—the officer then explained to him that he was an officer, did cautioned him about what answer he should give—I then took up the question and said, "Do not answer any thing; you are placed in a perilous situation; do not answer any questions you think will be injurious to yourself, but you must be aware whether you gave your mother a £5 note or not"—he then said he did—I said, "Westbrook, the note has been stolen out of a letter, and cannot you tell who you took it from?"—he said if his name was not at the back of it he could not—I had not shown him the note at that time—it was on my table—I do not think it had been in his hand—it was
either in my hand at the time or on the table—it was not in a situation where he could see his name or any name on it—I expressed my regret at seeing him in the painful situation he was—I have been in the post-office thirty-one years—it has been the regulation ever since I have been there for persons to put their name on every note they take—that regulation applies to all notes which come into their possession, whether officially or privately—if a person not an officer were to pay him a note it would be his duty to indorse it—Linwood is a clerk in the twopenny post department.
Cross-examined by MR. PHILLIPS. Q. You have said you expressed your regret at seeing him in such a situation; was not that regret founded on the long time he had been in the service, and the confidence he enjoyed? A. From the confidence I had up to that period placed in him—he has been in the office about seventeen years—that confidence was occasioned by his conduct and good character.
COURT. Q. Although you state there has been that regulation in the office, have you any reason to know whether the prisoner was acquainted with it? A. I do not know that it has been promulgated, but it was so generally known by clerks in the establishment—I should say, from the prisoner's general knowledge of post-office duties, and the necessity of regularity, he must be aware of the regulation—the note was not shown to him—he did not ask to see it, and it was not put into his hands.
THOMAS REED . I am Clerk to the Superintending President in the twopenny post-office—I have known the male prisoner about seventeen years—I have frequently had change of notes from him, and I have always observed he has been particular to ascertain that they were properly indorsed, or he has indorsed them himself—I never knew him miss that.
NOT GUILTY .
Jury before Mr. sergeant Arabin.
247. DANIEL ALLUM was indicted for stealing, on the 2nd of December, 2 coppers, value 4l.; and 50lbs. weight of lead, value 10s.; the good of Francis Sherborne, and fixed to a certain building; against the Statute, &c.—2nd COUNT, stating them to be the goods of George Bayley.
FRANCIS SHERBORNE . I am a farmer at Bedfont Middlesex. Then coppers were fixed in a house of mine which was let to Mr. Bayley—I had not seen them for some time myself—they were missing on the morning of the 3rd of December—Allcott was in possession of the house at the time—there had been a distress against Bayley.
Cross-examined by MR. PAYNE. Q. Who is Bayley? A. My tenant—I had put a distress in for rent—I had not seen the things for some months before perhaps—the coppers were part of the fixtures of the house, they were let with the house, but I had no rent for them—Bayley was to restore them to me at the end of the lease.
CHARLES ALLCOTT . I am an appraiser. I was in possession of the house on a distress for rent—I took possession on the 1st—I remember the coppers, I marked them—they were fixed—I left the house on the 1st, after making the inventory—one of the coppers was afterwards brought to me by Potier—it had my mark on it.
Cross-examined. Q. What time did you leave the house? A. About eleven or twelve o'clock in the morning—I left a man in possession—he is
not here—I returned on the Saturday morning, the 3rd—there was another broker employed with me, and it was his man that left in possession—my mark is on he copper now.
JOSEPH POTIER . I am a constable of the parish. I received information, on the 4th of December, of the coppers being stolen, and on the evening of the 5th I got information, and went to a field some distance from the main road, between Feltham and Ashford, more than a mile from the house, where I found them in a ditch—I found two persons watching—they showed me where they were concealed—I then laid in watch from half-past-five o'clock in the evening—I observed two men come up—one got into the ditch and began to remove the copper—he threw out a large piece—the prisoner stood by—I could hear the man trying in lift up another other piece—the prisoner came up to the spot where we were concealed, and saw one of our party—he hallooed, "Halloo!"and ran away—I directly followed him—he ran some distance, and threw himself into a hedge, and there I secured him with assistance—I found two coppers cut to pieces, and some lead in the ditch.
Cross-examined. Q. Do I understand that you took the prisoner into custody near where the coppers were? A. Yes, not more than twenty yards—the persons are not here who were watching with me—the prisoner was living with a woman in the poor-house at the time, about half a mile from where he was taken—I did not see him do any thing to the copper—he came up with the other man.
NOT GUILTY .
248. CHARLES NASH and JAMES BROOKS were indicted for stealing, on the 5th of December, 1 bag, value 6d., and 154 lbs. of linen rag, value 7s. 6d., the goods of Allen Mason and another; and JAMES BLOFIELD for feloniously receiving the same; well knowing them to have been stolen.
MR. DOANE conducted the Prosecution.
JOHN BRANTON . I am foreman to Allen Mason, and Mr. Longman, wharfingers, in Upper Thames-street. Last Monday week we had thirty-three bags of linen rags on the premises, and about a little before six o'clock that evening the private watchman missed a bag—I had seen it a few minutes before four o'clock myself—I went to a place near Queenhithe, and saw the prisoner Brooks and another person, and was induced to go to Blofield's shop, which is about three minutes' walk form our premises—I saw him there with a boy, and asked him if he had bought a bag of rags, describing what rags they were—he said, no, he had not—I told him I knew he had, and then he said he had—I asked him to let me see them—he would not—I then called the patrol in, who was outside, and we went down stairs—I picked out a bag of rags there, and told him that was my master's property—he said, "That is the bag I have bought"—I asked him what sort of a man brought them—he gave me a description which agreed with that given by our private watchman—I went and took Brooks into custody, and took him in to Blofield, who said, "That is the man who brought the bag to my shop, and the man I paid the money to"—a woman who I suppose was his wife said, "That is the man who brought the rags, but you paid the money to a taller man."—he said, "Let me alone, I know what I am about"—Brooks said "It is false, Mr. Blofield, I have not been in your shop to-day"—they were then taken into custody—Nash was taken up last Saturday—he is a Porter, and so is Brooks—I have employed Brooks occasionally for my master—I have not the least doubt of the bag or rags being my employer's.
Cross-examined by MR. PAYNE. Q. Did you not ask Blofield whether he had bought any rags about a quarter of an hour before? A. I did not—I might have said so—I cannot say either way—he said at first he never purchased a rag of any description—he said nothing about an hour and a half—I did not get into trouble about this myself—I did not say to Blofield I did not care so long as I cleared myself—I said I should like to make it out, or else master might think the workmen on the premises were concerned, bags having been lost before—he objected to let me look for the rags—he did not say I should not do it by myself—I did not notice any one else in the shop but the little boy—we did not go down till he said we might—he hesitated for about three minutes.
JAMES DAVIS . I am a constable of Queenhithe—I was called in by the patrol—I heard nothing about searching the premises—Blofield and Brooks were there when I went in—I asked Blofield if he had bought a bag of rags—he said yes, he had—I asked him, then, if Brooks was the man who brought them into the shop—he said no, he was not the man that brought them, but Brooks was with the man, and he paid the money to a taller man—Mrs. Blofield, said "Mr. Davis let the poor man have the rags, and take them down to Mason's wharf"—I said, "I shall not"—I went down into the cellar and fetched them up.
JAMES BROWN . I am patrol of Queenhithe. I was called in about half past seven o'clock last Monday week to Blofield's house, and Branton said he missed a bag of rags from the wharf, and he wished to see them, but that Blofield had rather denied him seeing them—Blofield said, "No, I do not deny your seeing them"—I and the foreman then went down stairs, and turned a bag or two of rags over, and he said, "This is the bag"—Brooks was afterward brought in—Davis came in after this.
Cross-examined. Q. The moment he saw Brooks, he said, "That is the man I bought them of?" A. Yes.
EDWARD BELCHER . I live with my father, who is a tailor in Bow-lane. On Monday evening last week, about seven o'clock, I was in Blofield's shop, and saw Nash, and I think Brooks, but I cannot swear positively to him—they were selling the bag of rags in the shop—Blofield said "I will give you 3s. 9d. for this bag, the same as I give the rest of your men"—something was said about standing a pint of beer, and they then went away.
Cross-examined. Q. Were you in the shop? A. I went in while the prisoners were there—I went to get a nut to fix the bedstead-screw—I stood waiting my turn to be served by the side of the short man—Blofield saw me—I always live at home with my father—Blofield lives in Little Trinity-lane—I did not make a memorandum of the conversation—it was last Monday week—I was first called on to give evidence on Saturday—I mentioned it at home, and it got to Davis's ears—I am not mistaken in what Blofield said—he said "Your men"—it struck me as remarkable—I knew Nash before—I did not know he was in the prosecutor's employ—I knew he was a porter about the wharf—I mentioned it directly I heard of the robbery.
Nash. Q. Did you see me bring any rags into the shop? A. No, I was not in the shop when they were brought in, but Blofield was pointing to the bag of rags.
Brooks. Q. Will you swear I was there? A. No, I do not swear it.
the sack is 3qrs. 16lbs.—the bag would be sold with them as rags—it weighed 153lbs. when lost.
CATHERINE BLOFIELD . I am the prisoner's daughter. In the evening of last Monday week a tall man came in by himself to sell some rags—he was dressed like a coal-heaver—I do not know who he was—Brooks came in at the time my father was paying him—my father asked the man if they were his own—he said they were, he was not afraid or ashamed of them, for they were his own—I saw 3s. 9d. paid.
Cross-examined. Q. Did the man ask your father what he gave per lb. for them? A. Yes—he said 1/2 d. per lb., or 5s. per cwt—the scales were broken, and they could not be weighed—my father guessed them—I was in the shop—my father said he would give 3s. 9d., the same as he gave the men—he did not say "The rest of your men"—I was there all the time.
Nash. Q. What time do you say I came in with the rags? A. I forget what time—I think it was about five o'clock.
Nash's Defence. I worked at Mr. Mason's upwards of nine years, and never had a charge against me before.
(MR. PAYNE, on behalf of Blofield, stated that the price given for the rags was not an unfair one, as he had to sell them again, and the prisoner's first denial related to having purchased any a quarter of an hour before, of a particular description; but he immediately said he had purchased some about an hour and a half ago; and that he had only refused the witness searching, not wishing him to go alone.)
(Edward Bullen, shoemaker, of Islington; James Elliott, bone-merchant, of Walworth-common; and Joseph Collins, publican, Little Trinity-lane gave the prisoner Blofield a good character.)
NASH— GUILTY . Aged 22.— Confined Six Months.
Recommended to mercy.
BLOFIELD— GUILTY . Aged 44.— Transported for Fourteen Years. BROOKS— NOT GUILTY .
MARY NATHAN . I am the wife of Moses Nathan—we keep a slop-shop. The prisoner came in about twelve o'clock, and asked if Mr. Nathan was at home—I told him no, and asked his pleasure, saying I could do just the same as him—he said, "I wanted to see Mr. Nathan, "that Mr. Wilcock had recommended him to my husband to get him a ship—I said he would be at home about half-past one o'clock—he left, and called about one o'clock—Mr. Nathan was then at home—he went on board a ship with him, and came back and dined with us—we dined about two o'clock—he stopped for a letter to take to Wilcock, and my husband went with him as far as the 'Change—immediately he was gone I missed one table-spoon from the table, and one from the sideboard where the prisoner had sat—there was nobody else in the house to take it, but our little servant in the kitchen—I have never recovered them.
WILLIAM WILCOCK . I am a licensed victualler. I know the prisoner—he used my house for a very short time, being recommended, by two persons I knew, for me to speak to my brother, who goes out whale-fishing, to take him out, having known him two or three months—I gave him my card to go to Nathan's but he never returned—he never brought me any letter—I did not see him again till he was at Hatton-garden.
Prisoner's Defence. I did not return to Mr. Wilcock, because Mr. Nathan said it would be of no consequence whether I gave the letter to him or my brother James, as he would fit me out for 10l. or 12l.—I went to my brother, who said it was more than he could afford, and I thought I would decline going altogether—there were two servants in the house, one female and a little girl.
MRS. NATHAN re-examined. I have two servants, but the eldest one was upstairs in the bed-room, and never came down till after I missed the spoons—nobody but the prisoner could have taken them—the servants are still with me.
NOT GUILTY .
NEW COURT.—Wednesday, December14th, 1836.
Sixth Jury, before Mr. Common Sergeant.
GEORGE HOWELL . I live in Swain's-lane. I and my brother had six pigeons there—I saw them safe on the 31st of November, and on Thursday they were gone—these are them—I swear to them—they were in a dovecote, at the side of the house, in the yard.
Cross-examined by MR. PAYNE. Q. Who paid for them? A. We paid between us—I know them by breeding them, and one of them by particular marks—I lost six, and five are here—one of them escaped from the office, and came home.
THOMAS ALEXANDER . I live at the Red Lion inn, Hampstead, and am a poulterer. On Thursday I was in the town, and the prisoner asked me to buy six pigeons—he wanted 4s—I said that was more than market price; I would give him 3s.—he said no—I was going away, and offered 3d. more—he said I should not have them—I went home, and in half an hour he came and said I should have them—these are them—I had known the prisoner about town.
Cross-examined. Are you sure they are the same pigeons? A. Yes—I took them to my brother at Paddington—I left them there on the Thursday night—I saw them again on the following Monday—I think I had them in my possession about four or five hours—I know them again by different marks—they are very much alike—these are the same.
JOSEPH RANDALL . (police-constable S 98.) I apprehended the prisoner, and went to the witness's brother, and got the pigeons—I lost one, and it went home—I took and put them together; they seemed to know one another.
NOT GUILTY .
MARIA ANDERSON . I am the wife of William Anderson, a farmer of Finchley. I had seven pigeons on Friday the 2nd of December—I missed them on Saturday morning—they were in a pigeon-house against the house—one came bank on Saturday the other six are here now—these are them—I swear to them by marks upon them and I know them.
Cross-examined by MR. PAYNE. Q. How long had you had them? A. Some of them two years—I fed them on Friday morning.
RICHARD DAYKIN . I am a parish-constable. I heard there were some ducks lost at Finchley—I was looking about, and on Saturday morning stopped the prisoner with these pigeons between eleven and twelve o'clock—I asked where he got them from—he said from Mr. Adam's, a farmer at Barnet, just beyond the church, and he was going with them to his father at Hampstead—I asked why he came down Kentish Town? he said he was going to Camden-town first.
GUILTY . Aged 18.— Confined Three Months.
ALEXANDER ROBERTSON . My office is in Austin Friars. On the 4th of April, about half-past seven o'clock, I was in Fleet-street—an officer told me something—I looked, and my handkerchief was gone from my pocket—I never saw it afterwards—the officer begged I would return, as his brother officer had got a prisoner—I returned, and saw the officer struggling with another man who has been tried, and I believe transported.
CHARLES THORP . I am a patrol in Fleet-street. On the 4th of April, I observed the prisoner and another of the name of Wales, following the prosecutor up Fleet-street—I saw Wales attempt his pocket—Martin was walking alongside of him—I had seen them speaking together before, and told them to go on—I had seen them together an hour—I watched them, and called upon the other witness to observe them—to they were crossing the end of Shoe-lane, Wales took the handkerchief out of the prosecutor's pocket, and immediately gave it to the prisoner—I told the other witness to follow the gentleman—I immediately seized them both—Martin struggled with me very much, and threw the other prisoner and me down in the gutter, Martin got away—I had him in my left hand—as he got up—he had the handkerchief, and said to me, "No go this time, Thorp"—and ran off—in getting up, I found his hat which he left under me—he ran away without one—I saw it fall from his head.
Cross-examined by MR. PHILLIPS. Q. Of course you told the Magistrate about the hat? A. I mentioned it; my depositions were taken down, but I do not think the hat was mentioned—the other witness is my father—I had been about half on hour with him—I won't be positive—he had not been watching with me, he is not a patrol, he merely came to bring a message to me—he did not see this young and Wales attempting the pockets, it was before he came—I did not tell the Magistrate they were trying the pockets of gentlemen—it was not asked then, nor to-day—for half an hour before I seized Martin I saw Wales attempting pockets up and down Fleet-street repeatedly—I cannot say I had done so within half an hour—I said, "Do you see Martin what they are at?"—I was not telling my father about them, although I had seen Wales attempting several gentleman's pockets.
CHARLES THORP SENIOR . I was in Fleet-street—I saw the prosecutor go up Fleet-street, the prisoner and Peter Wales followed him up to the end of Shoe-lane—Wales drew the handkerchief from the gentleman's pocket, and handed it to the prisoner—I did not know it was a handkerchief till afterwards: my son desired me to notice, and I did—they crossed the road, and my son had the prisoner and the other in custody while I went after the gentleman—and when I came back, my son had got the
other—the prisoner was gone—I did not see the hat till after I got to the station-house—my son had it in his hand.
Cross-examined. Q. What are you? A. A coach maker. I sometimes walk with my son after I have done work—I have never been a witness, except in the other case—I was with myson from about seven till eight o'clock when they were taken, merely walking with him for amusement—I had observed Wales and Martin not more than three minutes before they picked the gentleman's pocket—I did not observe where they came from—we had been talking about various things—I was before the Magistrate; my son did not mention to me that he had seen Wales attempt several gentlemen's pockets, to my knowledge—I cannot recollect—he did not mention that he had seen them before the three minutes—I did not observe that either of them were in sight in the hour that I was walking, till these there minutes—he said he had seen them on other nights—but I do not recollect that he said he observed them on that night; he might do so.
CHARLES THORP, JUN ., re-examined. Q. How is it you did not take him before? A. I heard he was about selling fruit, and I have been called out of bed to take him—I could not find him till I found him in prison, and could not have him till his two months were up.
MR. PHILLIPS called
MARY ALDRIDGE . I live on St. Andrew's-hill Doctors' Common My husband used to be porter to Mr. Eve's, on Ludgate-hill, a stuff manufacturer—I only know the prisoner by buying things of him in the street—I am not in the least interested in this case—within the last seven months I have seen him about, and bought things of him of every description—greens, and apples, and fish—I have seen him in Shoemaker-row—that is a public thoroughfare—it is about four months since I bought of him.
COURT. Q. How did you come here? A. I saw his mother, and she said would I come up to speak for him.
GUILTY . Aged 21.— Transported for Fourteen Years.
HENRY KIMMANCE HEMSTED . I live with Mr. John Brown, of the Minories. On the 1st of December the two prisoners came into the shop with another to look at some shawls—I showed them a great many—Smith selected one, value 20s.—she paid a deposit of 1s., and said she would fetch it on the Saturday—while she was looking at them, Perryman kept shuffling about upon her seat—she and Smith were sitting down—the other was standing up—I did not like Perryman's manner—while I was doing up the things I looked the one that stood up in the face, and recognised her as having been in the shop last Spring—I told her so, and she did not deny it—I then made out the bill, and said I must insist on seeing what Perryman had got—they all took off their shawls, and had not got any thing—I put my hand under Perryman's clothes, and felt something very hard between her thighs—I found it was a piece of merino—I said, "How came this here?"—she said, "I don't know I am merino—I gave them all there into custody, but one of them escaped from the officer.
Smith. It was down at her feet—he said at the Mansion-house it was between her legs, and now he says between her thighs. Witness. It was between her thighs.
Perryman. It is impossible that I could walk out of the shop with such
a thing between my legs. Witness. She did not walk out—she got up—it was between her thighs, and she was standing up—when I came, it fell down.
JAMES TESTER . I am an officer. I took the prisoners, and have the property—in going along Leadenhall-street, they called to two or three young men, and said they were going to the Compter—they got round us, and one of them was gone in a minute.
SMITH— GUILTY . Aged 16.— Confined Three Months; Three Weeks Solitary.
PERRYMAN— GUILTY .* Aged 17.— Confined Six Months; Six Weeks Solitary.
254. WILLIAM MILES was indicted for stealing, on the 2nd of December, 12lbs. weight of candles, value 6s.; 2lbs. weight of gum, value 2s.; and 1lb, weight of gunpowder, value 3s.; the goods of Charles Legg, his master.
CHARLES LEGG . I am an oil and colourman, and live in Wardour-street, Soho; the prisoner was my porter for three years. On the 2nd of December I sent him down for a shilling's-worth of wood—he took the basket from the shop, and went below, he brought the basket of wood into the shop, and put it in front of the counter—while I was making out the bill of this wood and some other articles, I told him to go to the top of Wardour-street with a bottle of ketchup—while he was gone I examined the basket, and found in it 12lbs. of candles, and 2lbs. of gum—they had been below stairs, so that he could take them, and the wood was at the top of them—when he came back I desired him to go and take the wood to Poland-street, but not to mind taking the bill—as soon as he got out I called him back, and told him he had been robbing me—he begged for forgiveness, and hoped I should not prosecute him—I gave him in charge—this is the property.
Cross-examined by MR. DOANE. Q. Had you not had a quantity of wood in that day? A. No—our other shopman was in the other shop—the wood was in the front area—this was about six o'clock—the prisoner had had his tea—no one was below but the prisoner—he left the basket on the weighing machine—I have known him nine years, and had a good opinion of him.
GEORGE AVIS . I am an officer. I took the prisoner—I said, "Have you any thing belonging to your master at your lodgings?"—he said yes, he had a canister of gunpowder—he gave me the key—I went there and found it.
Cross-examined. Q. was not his answer merely this, that there was a canister of gunpowder in the drawer? A. Yes; I asked him if it was his master's, and he said, "Yes"—I stated that before the Magistrate—my deposition was read over to me to correct—I added nothing to it.
(The prisoner received a good character.)
GUILTY . Aged 29.— Transported for Seven Years.
shoes—I went out in the direction that Fox told me, but did not overtake any body—I came back, and a policeman was at my door—I told him what I had lost.
MARY ANN FOX . I live in Queen's-court, Ratcliffe. I was going home form an errand, and saw Wilson cut the shoes down from the prosecutor's door, Waylin was looking into the cap-window at the time—when Wilson had cut the shoes, he said, "Come on"—he put them under his arm, and went down towards Butcher-row—I informed the prosecutor directly, and went after him to see if he could catch them, but he could not—the shoes were inside the door.
JAMES HENRY ANDREWS (police-constable K 104.) I received information, and went to a house where these boys and several others live—I found both the prisoners there—this pair of shoes were on the floor quite wet at the time, and Wilson's feet were quite wet—this other pair I took of Waylin's feet—I asked where they got them—they made no answer all—they afterwards said they found them.
(Property produced and sworn to.)
Waylin. We were coming home from work, and picked them up in Three-compass-court.
WAYLIN— GUILTY . Aged 18.
WILSON— GUILTY . Aged 19.
Transported for Seven Year.
GEORGE ALLUM . I live in Newcastle-court, Strand, and am a shop-maker. The prisoner came to my house to visit a person on the evening of the 2nd of December—I came home at a quarter before nine o'clock, and missed a counterpane—this is it.
Prisoner. I bought it on Saturday morning, but I do not know any thing of the person I bought it of.
GUILTY . Aged 28.
Prisoner. Q. Did I not speak to you at the door? A. No, you did not I did not see you leave the house.
Prisoner. I met a person I knew in Holborn, and she asked me to carry it for her—I took it, and the policeman took me.
GUILTY . Aged 28.— Confined Six Months; Three Weeks Solitary.
JOHN BOWLER . I reside in Fleet-street, and am in the service of Mr. Sharp, the banker. I was walking with James William Moss up ship-yard about half-past eight o'clock on the evening in question, and observed a crowd of persons—I went up and saw John Williams and the prisoner Mary Ann, and another female—I saw the boy take Mr. Moss's handkerchief from him—I took hold of him, and this girl dropped my handkerchief immediately, I am sure of it—I told my friend to take the boy, and I took the girl—the said, "It was not me that took it—it was the other girl that has run away."
Mary Ann Williams. There were two girls walking up, and I saw a boy take it, I was going to tell the gentleman, and he took me—he said at the office that I did not take it. Witness. I am quite positive I saw it drop from her hand—she was not a yard from me—I took it, and took hold of her hand—she said, "Do let me go—it was not me that took his handkerchief, it was the other girl"—this was in Ship-yard, that leads out of the Strand into Garey-street.
MARY ANN WILLIAMS— GUILTY . Aged 13.— Confined Six Months; Six Weeks Solitary.
JOHN WILLIAMS— NOT GUILTY .
JAMES WILLIAM MOSS . I am a messenger at Mr. Sharp's banking-house. I was with Mr. Bowler on the 5th of December, about half-past eight o'clock—he turned to me and said, "Your handkerchief is stolen"—I turned and saw John Williams running away—Bowler turned and collared him—he said, "Take hold of the boy while I secure the girl"—I took the boy—he struggled and kicked me, but I kept him—my handkerchief was gone—he had passed it to the girl I suppose.
John Williams. He took me, and then he got some distance before he knew that he had lost his handkerchief.
JOHN BOWLER . I saw John Williams take the handkerchief out of Moss's left-hand coat pocket—he passed it to a girl, who ran away directly with it—I did not see Mary Ann Williams do any thing on that occasion.
John Williams. There was no one with me—I had been to Mr. Robin-son's, in the City, after some work—I had nothing on me.
JOHN WILLIAMS— GUILTY . Aged 14.—Recommended to mercy by the Prosecutor— Confined Two Months; Two Weeks Solitary.
MARY ANN WILLIAMS— NOT GUILTY .
JAMES OVENELL . I am a hay-carter, residing at Enfield-wash. The prisoner was employed by me. On Tuesday, the 2nd of November I went up to London with a load of turnips, and left a wagon of straw and a load and a half of straw to come to London by the prisoner and a young man who is here when the prisoner came to the bridge he sold the straw, and went to Winchmore-hill—my little boy told me of it—I said, "You sell
these turnips, and I will go home"—I went home and found the prisoner had absconded with the money—I authorize my men to sell straw at any time when they can get the money for it—they were to sell this for 1s.; a truss—that would be 2l. 14s., and that money should have come to me.
JAMES BLAND . I am a carter. I and the prisoner went with this straw—I was riding on the top of the waggon—when he sold it he called me down, and said he had sold it at 36s. a load—I received the money for it all, 7l. 18s.; 6d.—I asked him whether he would have his money—he said "No"—but on the road home he asked me for the money for his load and a half of straw, and I gave him 2l. 12s. 6d.—there were two sovereigns and five half-crowns—that was for part of the straw that belonged to the prosecutor—he ought to have given him the money.
Prisoner. I did not ask him for the money—we went into the Green Dragon, and had two pints of beer and two slices of bread and cheese, and he pulled out the money, and shot it down on the table, and said, "You take you money"—I said I would not—and then he said he would toss me for a pint of beer—I beat him out of four pints, and then there came a fisherman, and asked me to toss him for a quartern of gin—I got a little intoxicated, and in coming home, he shot out his money again, and gave me mine into my hand.
JAMES OVENELL re-examined. He has been in the habit of receiving money for me, and he has brought it home—if he goes to the market, it is his duty to give it to the salesman—but if he sells on the road, it is his duty to give it me—he returned that night with the horse, and threw down the harness and went away—he did not come the next day to work—I took him at Hadderston afterwards.
JOHN GUIVER . I am an officer. I took the prisoner—he told me that the day after he absconded with the money, he bought that smock he has on, and met a man with whom he spent the money, and said if his master would allow it, he would pay him at 2s. 2 a week.
GUILTY . Aged 19.— Transported for Seven Years.
BRIDGET HOGAN . I am single, and live in Camomile-buildings. On the 15th of November I went into Mr. Reeves's apartment, and laid my bonnet and shawl down—in half an hour they were gone—this is the shawl—the prisoner is no relation of mine.
GUILTY . Aged 25.
262. BRIDGET HOGAN was again indicted for stealing, on the 3rd of December, 4 sheets, value 11s.; 1 gown, value 5s.; 1 apron, value 6d.; 3 shifts, value 3s.; 2 bed-gowns, value 1s. 6d.; and 2 frocks, value 1s. the goods of John Reeves, her master.
MARGARET REEVES . I am the wife of John Reeves, a labourer, and live in York-court, Marylebone. I was confined—the prisoner attended me five or six days, and left without notice—I missed these things, they are mine—I was lying ill in bed at the time.
Prisoner. Q. Did you not send me to pawn them? Witness. A. No, not one of them.
JOHN REEVES . I saw the prisoner after she left, and said, "Biddy, you ought not to have served us so"—she made no answer—I found my wife's cap on her head, and my wife's bonnet hanging up, and my wife's shawl was on her back, in the room in which she was living—I asked her to come to my house—she came, and then confessed she had pawned the other things.
GUILTY . Aged 25.— Transported for Seven Years.
ANN CHARLES . I am the wife of William Charles, of Albany-street, a grocer. On the 6th of December I missed some raisins—the prisoner was brought to our shop with some which corresponded exactly with them.
JAMES HORREX . I am a hosier, and live in Albany-street. The prisoner came into my shop, and asked to look at some gloves; but, suspecting him, I did not show him any—he went out—I watched him into the prosecutor's shop, and he walked very deliberately up to the parlour-door—he then turned, and took up this drum of raisins, and was bringing them out—I took him by the arm, and I gave him into custody.
GUILTY . Aged 10.—Recommended to mercy.— Confined Five Days, and Whipped.
264. JAMES ADAMS was indicted for stealing, on the 11th of November, 3 printed books, value 10s.; and 2 keys, value 2s.; the goods of Charles Spencer Churchill, Esquire, commonly called Lord Charles Spencer Churchill.
MR. JERNINGHAM conducted the Prosecution.
LORD CHARLES SPENCER CHURCHILL . I reside in Wyndham-place. The prisoner was in my service for about eight years—he left me about a month ago—I thought it necessary to send an officer to Woodstock, and certain books and keys were produced to me, these are them—I can identify them all—one key I have the duplicate of in my own pocket—the other key opens a box, in which I keep duplicates of every key in my house, including my cellar-key—these books were taken from my house in Wyndham-place.
JOSEPH CARTER . I am an officer of Marlborough-street. I proceeded to Captain Agar's house at Woodstock, and there saw the prisoner, and told him I was sent down by his Lordship to take him into custody, on a charge of robbery—I searched his boxes, and found these books, and the keys, and several other things—he did not give any account of them—I brought him to London—on the way to the watch-house he stated that he had given two papers of tobacco to a female—the next morning he stated he had taken the books of his Lordship, and the keys, but he had made no use of the keys.
GUILTY . Aged 19.—Recommended to mercy by the Prosecutor.
Confined Three Months.
265. CHARLOTTE PORT was indicted for feloniously receiving, on the 13th of May, 2 cups, value 7s.; 1 saucer, value 2s.; 3 ivory chessmen, value 30s.; and four ounces of tobacco, value 2s.; the goods of Charles Spencer Churchill, Esquire, commonly called Lord Charles Spencer Churchill; well knowing them to have been stolen, against the Statute, &c.
MR. JERNINGHAM conducted the Prosecution.
LORD CHARLES SPENCER CHURCHILL . The prisoner was my housemaid for about two years, till February last. On Saturday last I despatched a police-officer to search her lodgings, in consequence of discovering a deficiency in my wine and other things, and this property was found, which I know to be mine—these three chessmen, this china, and this tobacco—I had missed these chessmen on the 12th of May—I made a memorandum of it at the time.
JOSEPH CARTER . On last Saturday, by the direction of Lord Churchill, I went to No. 43. Molyneux-street, Marylebone—the prisoner was not at home—I found these three chessmen, two cups, one saucer, and two parcels of tobacco—I and another officer went that same day to Edgeware—we made inquiries where the prisoner's mother lived, and found the prisoner, and brought her to town—we told her we had searched her lodgings—she said she had to town—we told her we had searched her lodgings—she said she had nothing she was afraid of—we told her of these things, and she said James Adams had given them to her.
Prisoner. I am innocent of knowing them to be stolen—the tobacco was brought to me, and James asked me, as a favour, to send it into the country to his friends—it was not for me—James Adams had great power in his Lordship's house.
NOT GUILTY .
RICHARD BARBER (police constable K 250.) I saw both the prisoners running—I ran and took Mills first, and looked on the other side of the way, and saw White throw these boots into a passage—I caught him and then took the boots up—White said he had not been in this way above a month, and if he got out, he would take care not to get in again.
White's Defence. We saw two boys running; these boots were on the pavement, and I took them up; a little boy came and said, "They are coming after you for those boots." I had not stolen them.
WHITE— GUILTY .—Aged 13.
MILLS— GUILTY .—Aged 12.
Recommended to mercy by the Prosecutor.
Confined Five Da and Whipped.
RICHARD GUSTAVUS HANCOCK . I live in Great Ormond-street, Queen-square. At a quarter before six on the evening of the 5th of December, I was in Drury-lane—I left a twitch, and my handkerchief was gone—I turned, and seeing the prisoner putting his hand behind him, I collared him, and accused him of having it—he denied it, and said he saw a boy running away with it—I said I did not believe it, and should give him in charge—I still stood with him, and would not let him go—after some time he acknowledged it, and produced it and said, "Let me go"—this is my handkerchief—it has my mark on it.
Prisoner. Q. Where was I standing?—A. Behind me—you did not give the handkerchief up at first.
Prisoner's Defence. I was standing in Drury-lane, and a boy with a blue coat picked the gentleman's pocket, and threw the handkerchief on me—the gentleman collared me, and I gave it up directly—I did not deny it.
GUILTY .*—Aged 19.— Transported for Seven Years.
Fifth Jury, before Mr. Recorder.
268. MARY ANDREWS was indicted for stealing, on the 23rd of November, 2 shawls, value 15s.; 1 shirt, value 5s.; 1 handkerchief, value 2s.; 1 bag, value 2s. 6d.; 1 neck-chain, value 5s.; and 1 purse, value 6d.; the goods of Frances Arpthorpe.
FRANCES AROTHORPE . I am the daughter of William Arpthorpe—he is a staymaker. The prisoner was eight days in our service—on the 23rd of November she left without any notice—on the following morning I examined some drawers in my bed-room and missed the articles stated in the indictment.
CHARLES COLLYER (police constable K 33.) I apprehended the prisoner at a house in Coborn-terrace, in the Bow-road—I went there, on the information of the prosecutor, last Thursday, about one o'clock in the day, and found these articles in the front parlour, the room in which she was, on the table, with a great many more things of her own—on the way to the station-house I told her she had done very wrong by robbing her master—she said she had, but it was too late to think any thing about it—in going to Lambeth-street, she said she never should have done it, if had not been for a young man she had been keeping company with, of the name of Thomas Wilson, for about three months, that he asked her for some money one evening; she told him she had none, and he threatened to kick her for not getting him money, and told her to rob her master and get all she could for him, that he should be back in about a week, and then he would take, it away, as he was going to Dover—she told him she was afraid to the that, she would be found out—he said "Oh no, you will not be found out, nobody will know it but ourselves"—and she said after that she was afraid to carry the property back—I found her at Captain Connelly's—she had been there a week, and intended to leave the same night.
WILLIAM ARPTHORPE . I am a stay-manufacturer in Bishopsgate-street, I found the prisoner in service in Coborn-terrace, near Bow—I charged her with the robbery—she said she would not be guilty of such a crime—I persisted in the charge—after some altercation I proposed that her box should be sent for—she expressed her willingness to fetch it, which I objected to, and the box was brought by the other servant in the presence of her mistress—she gave up the keys—the boxes were opened, and the articles produced were part of the contents of the box—I was informed by her mistress, in her presence, that she had been there one week, and that morning she had stated, after breakfast, that she should leave that day—I endeavoured to trace a young woman who had been to see her, and found her in a house in Globe-road, and there found some hymn-books of the church to which I sent the prisoner.
Prisoner. I am very sorry—I should not have done it, but for the young man—I was frightened after I got them, and did not know what to do with them.
GUILTY . Aged 18.— Confined Six Months.
ARTHUR KEIF . I live at No. 49, Parker-street, Drury-lane, and am a carpenter. I have known the prisoner about seventeen or eighteen years—I was present, about twelve years ago, at the church of St. Andrew, Holborn, when the prisoner was married to Sally Cronan—I cannot ascertain the date of the month not the year—her name was Sarah Cronan.
CHARLES WALKER . I live at No. 110, Saffron-hill, and am a basket-maker, I have known the prisoner between seventeen and eighteen years—I was present at his marriage in July last at St. Luke's, with Bridget Stack—I have seen her here to-day—I had seen the person who passed for his wife before July, and cautioned him about this—he said as the first wife had left him, he had a right to marry again—I signed my name when the prisoner was married.
CHARLOTTE REMINGTON . I am the wife of Charles Remington, and live at No. 2, Norwich-court, Fetter-lane; he is writing clerk. I was present at the marriage of the prisoner, on the 18th of July, at St. Luke's church—some weeks after that I went with a request from Bridget Stack to the prisoner for money—he said she was not in distress, that she had got her wedding-ring she could part with, that she was not hungry, nor in distress, and she knew before he married her, that he was a married man.
Prisoner. I never was married but once.
MARY ANN STORIE . I live at No. 3, Providence-place, Tash-street, Leather-lane, and am a widow. I have known the prisoner between seven and eight months—I have seen Sarah Cronan, but do not know her—I saw her last Sunday night week on Saffron-hill, and the second wife told me there was Sally behind.
ALEXANDER BRODIE (police-constable G 79.) I produce the two certificates from the register books—here is one from St. Andrew, Holborn—I compared the document with the entry in the register—it is a true copy—the register was shown me in the church—I produce the copy of a register of the marriage in the church of St. Luke, Middlesex, on the 18th of July.
MARY COOPER . I have known the prisoner about twelve years, by seeing him—I saw a woman some years ago, but I have not seen her for a length of time—she went by his name—I do not know her Christian name—some called her Mary, and some Sarah—I heard him call her Sarah—it is twelve months since I saw her—she was then coming down Holborn—I think it was longer ago than last December—I should say it is six years since I knew them living as man and wife together—they were then in a court in Long-acre—I have not seen her this year—I only came here to see what they were going to do with him—I have not seen the prisoner to my knowledge but once these two years—that was about
two months since—I have not seen the woman he lived with as his wife for the last six months.
JULIA STANTON . I live in Goswell-street—my husband is a labouring man. I have known the prisoner about twelve years—I do not know Sarah, his wife, to be acquainted with her—I never saw her—I have seen the woman that passed for his wife—I never heard the prisoner speak to her—I have seen her in the neighbourhood where I have been brought up—I cannot mention the last place I saw her, (Mr. Conner is an acquaintance of my husband's), I cannot say how long ago it is since I saw her—it is not within six or seven months—it is a great while ago.
CHARLES WALKER re-examined. I knew the woman that passed for his wife—she was called Sarah—I saw her last Sunday week at my house—I have not seen either Mary Cooper or Julia Stanton, in the first wife's presence, within the last twelve months—it is twelve or thirteen years since I first saw the prisoner and his wife living together, and they lived together till about last Christmas—I saw them together in September, 1823.
Prisoner's Defence. I have not been married a second time—I was married but once—there are many of that name—she said that she did not care whether I was married or not, that she would marry me.
DENNIS DALEY . I live at No. 4, Saffron-street, Saffron-hill, and am a fur skin dresser. I have known the prisoner upwards of fourteen years—I know a woman they called Sally—he lived with her as his wife—I have seen him pretty constantly for the fourteen years, as he worked for me a great part of the time—she passed as his wife—I cannot say that he called her so—he was very sober and industrious.
GARROD CONNER . I am the prisoner's brother. I know his last wife and the other party, and was in the same house with them a good while, and the first wife I have not seen for these two years—when this woman came from Ireland she lodged in the house, on the same floor as he did—I do not know when the first wife, Sarah, went away.
CHARLES WALKER re-examined. Q. You say you knew the prisoner was living with Sarah Cronan up to last Chirstmas? A. Yes, I knew this other woman that he has married—at the time she was living in the same house with her own sister, who keeps the house; and the prisoner and his wife Sarah lodged there.
GUILTY . Aged 44.— Transported for Seven Years.
270. HENRY CHIVERS, THOMAS FULLER, JOHN MAHONEY , and WILLIAM COOK were indicted for stealing, on the 12th of December, 1 tea-chest, value 2s.; and 35lbs. weight of tea, value 8l. 10s.; the goods of James Shankey, and another.
JAMES SHANKEY . I live in Houndsditch, and deal in tea and all kinds of East India goods—I live one partner. I assisted my carman, on the 12th of December, in placing in his cart two chests of tea from my own premises—it was one chest divided into two—there was a box of tea, matted and corded, which contained 35lbs. nett, worth 8l. 15s.—they were all sent off by the carman at the same time, directed to go by one of the Brighton vans to Worthing—the carman came back in about ten minutes or a quarter of an hour, very much agitated—I went out to give information to the policeman, and when I got to the watch-house at Bishopsgate, they had got the box, with the King's number on it—it was the same I had put into the cart with my man.
DANIEL PAMPLETT . I am a patrol of Bishopsgate. I was standing at my door. No. 83, Houndsditch, on the evening of the 12th of December, about five minutes before five o'clock, and saw the four prisoner following a cart with the tail-board—they were on the pavement—they passed close by me—I immediately followed the cart and went to the watch-house for assistance—I then went to Wormwood-street after the cart—I overtook it, and found one of the chests gone, and the prisoners still following it, but I missed Chivers—before I came to the cart a second time I saw them all turn the corner of the street together—I had seen Chivers not half a minute before—they were so following it, that the act of one must have been seen by the other three—I seized Mahoney first and gave him to Darlington, and then I seized Cook—Fuller was on the other side—I said to a gentleman, "There is another one, stop him, Sir, if you please, "—he up with his umbrella and tried to stop him, but he ran and got as far as Houndsditch before he was stopped—I was not present when he was taken.
Mahoney. Q. Which side of the way was I in Houndsditch? Witness. On the right—one after the other.
Mahoney. We were on the left hand side. What was I doing where you took me? Witness. Standing still—you were on the right hand coming from Whitechapel—I live four doors from Bishopsgate-street, and they passed by my door—I had my police coat in my hand, and was going on duty—Cook was on the right, and was the hindmost of the party.
Cook. I was coming down on the right hand, and no person was before me—who was behind I cannot say—I had been at work at the Cross Keys, and had left work a quarter before five o'clock—I was walking down the street when I heard the cry of "Stop thief," and I was standing close by him on the pavement. Witness. It wanted a quarter to five o'clock when they passed my house, and they were all in the watch-house before the clock struck five.
FREDERICK HARRIS . I live in Bartholomew-close, and am No. 3, serjeant of the City Police. On the 12th of December I was at the corner of Wormwood-street about five o'clock—I stood there half a minute, and saw the prisoner Chivers about thirty yards down Wormwood-street, on the left hand side—he was coming up running, with this package on his back, towards Bishopsgate-street from Broad-street—I considered something was wrong—I crossed the road, and held up both my hands to stop him—he threw the chest or package at my feet—I collared him, and seized the chest by the cord—in the mean time one of the patrols of Broad-street camp up, and I dragged the prisoner across the road towards the watch-house—in getting across he tripped me up, and I fell right on my back, dragging him with me—he fell on me—I still had hold of the package—I was down, I suppose, half a minute, and considering that there was an officer by me and he would be taken, as there were twenty people round him, I let him go, as I was almost exhausted—the people opened an avenue for him and let him go—I got up as well as I could—I hallooed "Stop thief, stop him, "and Oliver, another officer, who was on his post, took him—I took the chest to the watch-house—I lost my hat and he his—he got his, but I did not—I entered the charge—they all denied any knowledge of each other at the watch-house—they were taken to the lock-up place, and in five minutes I went down quietly to ascertain whether they were connected with each other or not, and they were all four singing a flash song, something about "Across the seas"—I waited some short time, and one of the party
said, "I am safe—I shall be lagged"—one of the others made answer, "How shall we got on?"—the answer was, "I don't know, but if one gets off all will got off, if one goes you will all go"—a voice said, "I saw you was on the cart, and I gave you a shove at the corner, but you did not take notice of it."
Chivers. Q. Why did you not take me before I threw it down? A.. You had it on your right shoulder—I ran across and you threw it down—I met you full butt, and you threw it at me.
WILLIAM OLIVER (City-constable 51.) I was on duty in Camomile-street on the 12th of December—I heard the cry of "Stop thief," and saw Chivers—I attempted to stop him—he gave me a violent blow on the chest, which deterred me from taking him at the moment—I followed him about ten yards and succeeded in securing him—I took him immediately to the station-house.
Chivers. Q. Was I running or walking? A. Running—I was standing in the dark at Mr. Shepherd's Van-office, as there were some small parcels about—I saw him running and stopped him.
Fuller. Q. Did I not stop and return back from the Quakers' chapel, and the gentleman said, "This is the man?" A. You were running as fast as you could, when you were pursued by the gentleman, with the umbrella, from Wormwood-street.
EDWARD KIRBY DARLINGTON (City police-constable 11.) On the evening of the 12th of December I was on duty in Bishopsgate-street—a few minutes before five o'clock Pamplett called me—I went with him to Wormwood-street, London-wall—I saw Cook and Mahoney coming from the cart, about thirty or forty yards off—I took Mahoney into custody—Pamplett had just touched him, and said, "This is one," and then he took Cook.
Cook. Q. Which side of the way was I walking? Witness. A. On the right-hand side, and Mahoney too.
Mahoney. Q. Was I walking? A. Walking very slow—not so fast as the other, and nearer the top of the street.
Cook to DANIEL PAMPLETT. Q. Did you not say that I and Mahoney were running away from the tail of the cart? A. Yes, I say so now—Darlington did not know them till I pointed them out.
Chivers' Defence. I had been down to the water side—I happened to stop at the corner of Bishopsgate-street, and was seized hold of, I asked what it was for—he resisted me, and I resisted him, and threw him on the ground—I got from him, and was taken.
Fuller's Defence. I was coming from Old Bermondsey, and heard a cry of "Stop thief"—I was running, and the officer took me.
Mahoney's Defence.. I was coming to get a hod and shovel—the witness tapped me on the shoulder, and said, "Here is one of them"—I asked what it was for, and he would not tell me—I know nothing of the other prisoners.
Cook's Defence. I left work at the Cross Keys at a quarter to five o'clock to go and see a young man, and coming down Houndsditch I was on the same side as the officer says—I went down Wormwood-street, and the officer took me to the watch-house—I did not know what it was for till an hour afterwards.
DANIEL PAMPLETT re-examined. The prisoners were following the cart, on the pavement—when I got down to the cart, Cook and Mahoney were in the road, but there was no cry of "Stop thief" till I took them—there was one box gone, and these two were in the middle of the road, following the tail of the cart—they were on the pavement in Houndsditch, but following the cart which was close to the pavement—when I got assistant Cook and Mahoney were in the road, and Fuller on the foot-path—they appeared to be coming from the cart—I saw enough of them in Houndsditch to know that they were the same, because I knew Cook well before.
Mahoney. I was on the foot-path when they came and took me Witness. He was on the carriage-way—the cry of "Stop thief" had not been raised then, but I saw Fuller on the pavement—he ran away, and I cried, "Stop thief"—when I saw them in Wormwood-street they were all coming towards Bishopsgate-street—Fuller was then standing still by the Ship public-house—I did not see him run till I said, "That is another," and the gentleman struck at him—I know Fuller was one that came up Houndsditch.
JURY. Q. Did you see them speak together, or any thing by which you knew they were connected? A. No—they were close together, one after another—I knew Cook, and I had seen the others about, as persons I did not like—they were in single file—Fuller was about six yards from the others when I saw the two in the road.
CHIVERS— GUILTY Aged 21.
FULLER— GUILTY . Aged 21.
MAHONEY— GUILTY .* Aged 18.
COOK— GUILTY . Aged 20.
Transported for Seven Years.
MR. PHILLIPS conducted the Prosecution.
JOSEPH SMITH . I live at Dunstable, in Bedfordshire. On the 9th of November I was at Blackfriars-bridge, between one and two o'clock, and perceived a crowed pushing me—I heard some one say, "Push him up," or "Shove him up"—I turned and saw the prisoner, and two other men, more respectably dressed than himself, were close to me—I looked at then very hard, and they at me—I shifted about a hundred or a hundred and fifty yards—again was looking through the balustrades at the procession, and I felt some persons pushing on me, and I heard some one say, "Have you got it?"—another said, "You"—a third voice said, "Hand it over to me"—I felt my pocket, and my purse was gone—it contained 7l., and about 15s. or 16s. in silver—they were all sovereigns—I immediately turned round, and saw the same three men close to me again—the prisoner was one, and I am sure he was one of those I had seen before—I looked at them very hard, and they at me—they seemed as if they were in conversation, but seeing me look at them they dispersed—two went one way, and the prisoner the other—I followed close to his heels for a distance, expecting to see an officer, but not seeing one, I collared him, and accused him of picking my pocket—he said he had not, but finding I held him, he said, "Loose me, go with me, and you shall be all right, I have money in my pocket"—I told him I should not loose him till I had my money, I should either have him or my money—a struggle then ensued, and he threw himself out of any hands, but I immediately got hold of him again—at that time an officer came up, and I gave him in charge.
Cross-examined by MR. CLARKSON. Q. What sort of a purse was it? A. A yellow canvas purse—I believe I stated before the Magistrate, that he said he had money—it was read over to me, and to the beat of my belief that circumstance was down—I do not know whether I spoke of the struggle, though I recollect his asking the officer whether he attempted to get away—I do not think I said a word about it before the Magistrate—I did not answer the question of the prisoner's, whether he attempted to get away—I was not in the habit of going before a Court, and was confused—I said, "I will not loose you till I have my money"—I said that before the Magistrate, and have no doubt that was read over to me—he repeatedly said he would give me my money again—I told the Magistrate that, and that I was looking through the balustrade—I said I had 15s. or 16s. in silver, or thereabouts—I am sure I said I looked the persons hard in the face, and they shifted, and I shifted.
MR. PHILLIPS. Q. You are a countryman? A. Yes, and not much accustomed to London.
WILLIAM BOSTON . I am an officer. The prisoner was given to me—in coming down Bridge-street the prosecutor went behind him and laid hold of his coat—he said, "Don't tear my coat, I have 10l. or 11l. in my pocket, you shall have your money"—he went quietly when he was secured, that he could not move—there were a number of people after him—we were forced to hold out great threats to keep them off—I searched him, and in his right hand trowsers pocket I found nine sovereigns and two half sovereigns—I found in all, 12l. 15s. 9d.—there was 16s. 3d. in his right-hand waistcoat pocket, and three half-crowns, two sixpences, and one shilling, in the left.
WILLIAM STANTON . I am a police-officer. I was called to assist, by Boston—there was hard work to get the prisoner along, there was such a throng, but no attempt to rescue him—when I got to the corner a man came close behind me and put his foot in between mine, I thought to trip me up, but I would not look off the prisoner.
THOMAS PETCH . I am Superintendent of the Ward of Bishopsgate watch. I saw the prisoner that day, about the time the Lord Mayor was taking water—I saw the prosecutor lay hold of the prisoner—he lost his hold—I crossed over—he had got him again, and the prosecutor said, "This man has robbed me of a purse with eight sovereigns"—the prisoner turned, and said, "You have got hold of the wrong man—I am a respectable person, go with me and it will be all right"—and I said, "You must go with me to the Compter," and in less than two minutes Boston came up, and in coming along Bridge-street the prosecutor had hold of his coat—the prisoner said, "Don't tear my coat, I am a respectable person, go with me, and you shall have you money, it shall be all right."
NOT GUILTY .
OLD COURT.—Thursday, December 15th, 1836.
Second Jury, before Mr. Sergeant Arabin.
JOSEPH HOLMES . I am servant to John Cook, who keeps the Bull and Anchor, at the corner of Dean-street, High Holborn. I have known the prisoner about six weeks—he frequented the house—on the 9th of December,
in the evening, he came and had 1s. 6d., of liquor—he asked me to give him change for a sovereign to pay the reckoning—I threw down a half-sovereign and a shilling in part change—he took it up, and then threw down a medal while I was getting him the remainder of the change—I took it up, and told him it was not a sovereign—he then took it in his hand, and looked at it for several minutes—he then went to the door, and threw something away, which I suppose was the medal, as it was not found on him—it was a common penny medal—he came back to the counter, and said, "Well, I have not got a sovereign then?"—I said, "Be so kind as to return me my half-sovereign and shilling?"—he said he had not got it, and Mr. Cook came, and he repeatedly said he had not got the half-sovereign and shilling—Mr. Cook said he would give him in charge unless he produced them—he then said he would not give Mr. Cook a chance, and went out at the door and ran away—a person at the door picked up the medal—we followed the prisoner into Gate-street, Lincoln's-Inn-fields, where he was stopped by the policeman, who searched him, and found the half-sovereign and shilling on him.
Prisoner. Q. Had not I been drinking? A. Yes—he might have spent a few shillings at our house that night, but nothing like half-a-sovereign.
CLARK WHITMAN . I am a watchman. I was standing at the her when the prisoner tendered the medal—I saw the change given to him, and he put it into his pocket—he afterwards declared he had not got it, and ran away—I followed, and the policeman stopped him.
JOHN GIBSON . I am a policeman. I took the prisoner into custody in Gate-street—he was running at the time—he denied having the money about him, but at the station-house I found the half-sovereign in his fob, and the shilling in his trowsers pocket.
Prisoner's Defence. I bought the medal of a man in Wapping, to please a child, and in the evening I had a sovereign and 5s. or 6s. in silver, and went to this house—I had something to drink, and spent all my change—I went out, and came back in a short time—he said I had 18d. to pay—I asked for change for a sovereign—he began to count it out—I took out this, thinking it was sovereign, and threw it down—when he said it was not a sovereign I recollected what it was, and threw it away—I had put the half-sovereign into my fob—when he asked for it I turned all my pocket inside out, but could not find it, and said I had got it, but if he would come with me to my brother-in-law's I would get it for him directly—he knew my brother-in-law, and I thought he would come—he went out with me to go there—it was ten o'clock, and I thought it would do as well for him in the morning, not liking to knock my brother-in-law up—I asked him to let it be till morning, as I was fully persuaded I had not got it about me—he said he could not, and I thought to run home to my lodging to get it for him, before I got into the disgrace of being in charge.
GUILTY . Aged 26.—Recommended to mercy.— Confined Three Months.
Before Mr. Justice Littledale.
273. JOHN MINTER HART, alias Edward Blake, was indicted for feloniously and falsely making and forging a Bill of Exchange, which is as follows:"—"£500.0.0. London, August 20th, 1836. Two months after date, pay to my order the sum of Five Hundred Pounds, value received. C. Taylor. To the Rev. C. H. Jenner, No. 1, Chesterfield-street, Mayfair," with intent to defraud Charles Herbert Jenner.—2nd COUNT, for uttering and putting
off the same with the like intent—3rd and 4th COUNTS, for forging and uttering an acceptance of the said Bill.—4 other COUNTS, stating his intent to be to defraud John William Edwards.—8 other COUNTS, varying the manner of laying the charge.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
REV. CHARLES HERBERT JENNER . I am a clergyman of the Church of England, and the son of Sir Herbert Jenner. I was in town in July last, when my attention was attracted by this advertisement in the Morning Post—in consequence of reading it, I wrote this letter, addressed to Mr. Blake, No. 44, Haymarket (read.)
"Money to lend—£5000.—A gentleman has this sum at his Bankers; he feels desirous of lending immediately, either in one sum or in amounts, not less than 200l. on personal security, at a low rate of interest. To parties requiring the same, either for a short or long term, without incurring the expense, delay, and exposure of mortgage on funded, landed, or other property, or an application to friends, or trustees; or any gentleman requiring the sum of 60, 000l., or a smaller amount, on the deposit of his title deeds for an agreed period, can have the same at Four per cent., without-delay and with privacy. Apply, confidentially, by letter first, (post-paid,) to MR. BLAKE, 44, Haymarket, London."
"SIR,—Perceiving by your advertisement in the Morning Post, that you have money to advance on personal security, and being anxious to borrow 5000l. for one year immediately, I should feel obliged by your informing me what interest you will require, and what expense would be incurred by me in borrowing that sum. If you would take the trouble or writing me full particulars, I shall be obliged; and if they are such as I can agree to, I will come up to town to-morrow (Friday) afternoon.
"I am, Sir, your obedient servant,
"1, Chesterfield-street, July 21st, 1836.
"A letter put into the twopenny post to-morrow morning before eight o'clock, will reach me by twelve, and I can arrive in town between three and four o'clock, I leave town this afternoon. Direct, Rev. C. H. JENNER, at F. Dyke's Esq., Chiselhurst, Kent."
MR. JENNER. I left town on the afternoon of the 21st of July, and went to Mr. Dyke's at Chiselhurst—on the following morning I heard that a person had called at Mr. Dyke's house, and in consequence of what was told me I went to the Queen's-head at Chiselhurst, and found the prisoner there—I do not think he mentioned his name to me at the time—I was shown into the room, and I said, "Mr. Black I believe?"—he bowed—I told him I was in want of money, as he would perceive by my letter—he asked me what sum—I replied 200l. for one twelve month—I told him I had no security to offer him, except my own personal security—he replied, that he knew, of course, Sir Herbert Jenner, and inquired of me how I should be able to repay it—I told him my income was such as to allow of my paying the sum at the end of the year—I believe I mentioned to him pretty nearly what my income was—he then told me I could have the money, and appointed to meet me the following morning at twelve o'clock at my father's house in Chesterfield-street—it was arranged that I was to have the use of the
money by paying at the rate of five per cent. interest for it, for twelve months.
Q. Your letter states that you wished to raise 500l.? A. I will explain that—at the time I wrote the letter, I mentioned it as a nominal sum, that I might know what the expense would be, not having made up my mind exactly at the time I wrote, what sum exactly I should wish—I came to town the next day, which was Saturday, the 23rd, to Chesterfield-street, to my father's house—the prisoner came there a few minutes after the time appointed—I was coming down stairs at the time he arrived, and I showed him into a room—there was nobody present but ourselves—after a little conversation about the weather, or some trivial thing of that kind, I asked him whether he had brought the money—I do not think he made any answer to that, but he pulled out a pocket-book, and took from thence a stamped piece of paper—he wrote something on it—he was sitting at the table, and there were writing materials there—I could not distinguish what it was he wrote at that time—he wrote it at the upper left-hand corner of the paper as I was looking at it, above the stamp on the left-hand—he then handed it to me, and requested me to write on it, "accepted," and my name—I did so—this is the stamped paper, and the acceptance I then wrote on it (looking at it) I also wrote the words" At Bank of England"—I had no account at the Bank of England at that time, but the prisoner requested me to make it payable there—I did not notice what he had written in the corner of the paper when I wrote the acceptance—I do not remember whether I noticed any thing there—while I was writing the acceptance the prisoner was filling up what appeared to me a Bank of England cheque—an engraved form of cheque of the Bank of England—I could only distinguish one word accurately, which he wrote on it, which was, "Blake"—he then told me it was necessary his brother should also put his name to the cheque, and that he would leave me for the purpose of obtaining his brother's signature to it—I took up my acceptance off the table, saying, "Of course, then, yes will leave this with me till you return"—he replied that that was unnecessary, and said, "To show you that there can be nothing wrong, here are the figures denoting 200l. written in the corner"—at that time I had the acceptance in my hand—I then looked at the corner, and observed "200l."—and I think two O's written for shillings and pence, I believe so—they were figures clearly denoting 200l.—I had observed the prisoner writing on the stamp—that 200l. must have been written before I wrote my acceptance—it was then agreed he should meet me at the Bank Coffee-house in half an hour, and I permitted him to go with the Bill of Exchange—I went to the Bank Coffee-house, but the prisoner did not appear according to appointment—I saw no more of him for some time—I attended at Bow-street when this matter was inquired into, and saw a person named Edwards there, who was examined as a witness—I never gave Edwards any description of the person who obtained the bill from me, before I got to Bow-street, I had never seen Edwards before I saw him there.
Cross-examined by MR. CURWOOD. Q. I presume, Mr. Jenner, you have, been regularly educated at college? A. I have, and have mixed a good deal with the world—I never kept an account at the Bank of England—the prisoner requested me to make the bill payable there—I did not expect the Bank would pay the bill till I had paid the money in—I meant to open an account with the Bank as far as related to this 200l., to make that particular payment—I did not know the Bank would not open not open such an account—I made it payable here merely at the request of the prisoner—I did not know that making
a bill payable there gave it additional credit—I would have made it payable any where the prisoner desired me—I do not know that I should have made it payable at the house of a private individual—my letter expressed a desire for 500l.—when we met in Chesterfield-street he gave me a blank stamp, on which I wrote the acceptance—at that time I do not recollect that I observed any figures at the corner—I laid it on the table after I accepted it, and he took it up, the paper was in my hand when he said, "You may see it is right by the figures in the corner." and I then closely inspected it.
Q. If you meant to accept only for 200l., why did you not write "Accepted for 200l.?" A. The prisoner gave me the form of my acceptance—I have accepted a bill before—I was not totally ignorant of the mode of accepting—I never accepted a blank piece of paper in this way before, and have only accepted one bill before.
Q. Having accepted before, and knowing the mode of acceptance, why should it be necessary for the prisoner to inform you how to accept? A. He did inform me, and I wrote what he told me.
MR. CLARKSON. Q. You once accepted a bill before, was that for a tradesman's account? A. It was—I never gave the prisoner authority to fill up this paper for a greater sum than 200l.
JOHN WILLIAM EDWARDS . I live at Fairlawn-house, Hammersmith. I know the prisoner—I knew him before the month of August last—I met him in the early part of August, accidentally, in Compton-street—he told me he had an acceptance of Mr. Jenner's for 500l. which he wished me to buy—he did not tell me who Mr. Jenner was at that time—I declined buying the bill then—I met him on other occasions afterwards on the same subject, and I ultimately agreed to purchase the bill for 5s. in the pound—I think I first saw the acceptance on the 12th of August, the day I agreed to purchase it (looking at it) it was then perfectly blank except the acceptance "Accepted C. H. Jenner, at the Bank of England"—there was a stamp on it—I noticed that the left hand upper corner, near the stamp, appeared to he stained, and asked him how it came to be stained in that manner—he told me it was as he had received it.
Q. When you agreed to give 5s. in the pound for it, what was to be done to it? A. It was to be drawn and indorsed by the prisoner for 500l.—he told me Elliott had received the bill from Mr. Jenner—I told him I had heard he had offered the bill to others—he told me he had only offered it to Cook—I think this must have been on the 12th of August—I had been in the habit of meeting the prisoner at a public-house at the corner of a court leading from Jermyn-street to Piccadilly—I met him there next day, the 13th, by appointment, and he there produced the acceptance in the same blank state in which I had seen it before, and on that occasion I paid him a £50 Bank note and two cheques, for 75l. together—I at that time kept an account at the London and Westminster Bank, and at Charles King and Co's., 24, Bolton-street—these are the two cheques I gave him—one is dated the 15th, and the other the 17th—I dated them forwards—(the cheques being read, were one for 25l. on the London and Westminster Bank, dated the 15th of August, and the other August 17th on King and Co. for 50l.)—I was to give the prisoner 50l. more if the bill was paid on maturity, or in the event of my getting fresh security—5s. in the pound was to be paid for the contingency, and if it was honoured I was to give more.
Q. Then if paid you would gain 325l.? A. I did not suppose that probable—the prisoner then delivered me the blank acceptance—I kept it, I
suppose about ten days—at the end of that time I met the prisoner again, and I gave him back the blank acceptance to have it drawn and indorsed—met him again next day at the same public-house; he then produced the blank acceptance, with the signature of "C. Taylor" on it, as drawer and indorser—that was all the addition that was made—"C. Taylor" is in the right-hand corner—I asked him who C. Taylor was—he told me he was a man living with him, and that he had given him a sovereign for signing the bill—I requested him to draw the body of the bill, and he did so—he drew it, "London, August 20, 1836. Two Months after date, pay to my order, Five Hundred Pounds, value received: To the Rev. C. H. Jenner, No. 1, Chesterfield-street, May-fair, "—he did that in my presence—he produced this note to me, I think, * on that occasion—I had made some question as to the bill being for 500l., and asked him to satisfy me that it was for that sum—I had observed the stain in the corner, and did not know what it might allude to—he then produced this letter—I cannot exactly say the conversation which passed, but he produced the letter as corroborating that it was to be for 500l.—he said so, and he delivered the letter to me and left it with me—I have since delivered it to the attorney for the prosecution—the address of Mr. Jenner is affixed to the left-hand corner of the bill, (where I observed the stain) with wafers—the bill was drawn by Hart at two months after date—I saw him again the day it became due.
Q. How came that piece of paper to be affixed to the left-hand corner of the bill with wafers? A. The prisoner went from me to No. 1, Chesterfield-street, to inquire the address of Mr. Jenner—I did not go with him—he went away, as for the address, and when he returned he produced this piece of paper, on which is written, "Rev. C. H. Jenner, Rectory, near Cardiff."—it was written very illegibly, with very pale ink, and I passed my pen over it to make it plainer—the prisoner affixed it to the corner of the bill—the bill was then in the state in which it is at present, with the exception of the two following indorsements—I know a person named Atkinson—this indorsement of "George Atkinson," is his writing—it was done at my request—the other indorsement is my own—the object in doing that was to give a greater currency to it—I afterwards applied to Mr. Jenner for payment of the bill, and learnt the circumstances under which it had been obtained; in consequence of which I attended before the Magistrate at Bow-street, and delivered the bill up to the attorney for the prosecution.
COURT. Q. Did you know the circumstances at the time you obtained the bill? A. No; I did not.
MR. CLARKSON. Q. Whatever you may have known of Mr. Hart before, did you, on the oath you have taken, at any time, know this bill had been given for only 200l—.? A. Certainly not; I never knew it till I heard it before the Magistrate.
COURT. Q. At the time the bill was delivered to you, filled up, did you then know of the circumstances? A. Certainly not.
Cross-examined. Q. You are a man conversant with money transactions, are you not? A. Yes—I certainly did not expect this bill would be paid when it became due—I have known young men of fashion give blank acceptances to persons to get what they can on them.
* This was Mr. Jenner's letter in answer to the advertisement.
Q. I believe men who, like yourself, make a little money, very frequently buy them at an under price? A. I do not know about being an under price: I considered it quite the worth of it, with all its hazards, taking the risk—it might be a long time before I got it, and perhaps not all—when I bought it, on the 13th of August, it was nothing more than a mere acceptance, all the rest was in blank—I did not part with it again till when he made a perfect bill by writing the body into it.
MR. CLARKSON. Q. You said you gave it to Hart, and he brought it back to you with the words "C. Taylor," as drawer and indorser? A. Yes—it was not in the same state when I delivered it to him as when he produced it to me—he afterwards drew it in the manner I have described, in my presence—I am quite sure when I first saw the prisoner on the subject he told me the acceptance was for 500l.
COURT. Q. Did he say it was for 500l., or it was to be for 500l.? A. It was to be for 500l.—there was no amount on it at that time.
MR. CLARKSON. Q. Did he ever at any time tell you it would be for a lesser sum? A. Never—I would certainly not have made the bargain if I had known it was to have been for a less sum, and afterwards filled up for a greater—I would have had nothing at all to do with it—I perfectly recollect observing the stain, and making the observation on it when I first saw it.
MR. CURWOOD. Q. You were confirmed on seeing the letter from the prosecutor, saying, "I am anxious to borrow 500l.?" A. Exactly so.
MR. CLARKSON. Q. Are you perfectly aware he told you Elliott was the person who obtained it from Mr. Jenner? A. Yes.
(John Cook, being called, did not appear.)
CHRISTOPHER MASGILL . In July last, I was servant to Mr. Dyke, at Chiselhurst. I remember the prisoner coming to Mr. Dyke's house in that month, and inquiring for Mr. Charles Jenner—he gave the name of Blake—Mr. Jenner was out at the time—I told the prisoner so, and he said he should be for an hour, or an hour and a half, at the Queen's Head—that is the name of a public-house at Chiselhurst.
RICHARD GODSELL, JUN . My father keeps the Queen's Head, at Chiselhurst. I remember the prisoner coming there in July last—he asked me and my sister if Mr. Jenner's father, Sir Herbert Jenner, was residing in the village—he also asked if Mr. Charles Jenner, the son of Sir Herbert, was a man of property—I answered, "Yes, to the best of my knowledge."
JOHN FIELD . I am an officer of his Majesty's mint. I frequently have to examine, with great minuteness, different instruments and coins—since I have been in Court, at the request of the prosecutors, I have examined this bill of exchange—I perceive, in the corner of it, an appearance of a stain—to the best of my judgment, it is such a stain as might be produced by the use of an acid—by looking at it with a magnifying glass, it appears to me that the first figure, which now forms a 5, has been altered—I see the stain perfectly—I do not perceive any mark where the stain is.
Cross-examined. Q. Does examining coin give you any knowledge of paper? A.. No, I do not mean to say it does—I have looked at the paper with a magnifying glass—I cannot see any marks above the figures, where the great portion of the stain is, but it appears to me there is a different coloured ink forming the portion of the 5—some colour forming one part of it, and some colour another—and I think that what is now the figure 5, originally formed part of another figure.
JOSEPH HOME . I have been many years a practical chemist. The stain at the corner of this piece of paper is from an experiment I made, to ascertain if an said had been applied there—there was some mark on it, I believe,
before I made the experiment—the red mark is in consequence of my experiment—there was a stain on it when I first examined it, but no red stain—I am positive an acid has been applied to that corner of the paper.
Cross-examined. Q. The stain now actually on the paper was made by yourself? A. In consequence of applying test-paper that very small red mark remains—if a drop of vinegar is put into a wine-glass of water, and you dip this paper into, it will come out red—the least atom of an acid is indicated by this paper—I am confident acid has been applied to that spot—I did not try the paper in my other part, but to that mere portion of the corner where you observe a small red mark left—the smallest portion of acid will affect this paper.
Q. Do you know that many paper-makers use acid in the pulp to make their papers? A. They use the oxymuriatic acid, which is very different from all others, and will not show the same colour—besides, it does not remain in the paper after manufacture—having bleached the rags, there is no more acid remaining—it is used merely in bleaching the rags.
Q. Although that is the proper course, do you not know that many of them also use the diluted vitriolic acid, by way of speedy bleaching? A. No, not to remain in the paper, it would rot it.
MR. CLARKSON. Q. Is the oxymuriatic acid they use an acid that would present the appearance, on applying the test to it, which you find on this bill? A. No—I positively assert, that acid has been applied subsequently to the paper being made.
MR. CURWOOD. Q. Was there a visible stain before you applied the test? A. Certainly there was.
JURY. Q. If the acid you imagine has been used, would it have the effect of effacing ink marks? A. Yes, certainly it would.
MR. CURWOOD? Q. Have you any idea what acids have been used? A. Had it been left with me, I could probably have ascertained whether it was muriatic or oxalic acid—but I did not ascertain it. (The bill was here put in and read.)
(MR. CURWOOD, on the prisoner's behalf, contended, that the case, as proved, was not a forgery, but merely a breach of trust.)
GUILTY . Aged 32.
(The Jury found that the figures denohing £200 were at the corner of the stamp at the time the prosecutor accepted it, and that the prisoner's authority was confined to that sum. This case is reserved for the consideration of the Fifteen Judges.)
Before Mr. Baron Bolland.
274. HENRY ELDRIDGE was indicted for burglariously breaking and entering the dwelling-house of Henry Eldridge, about the hour of four o'clock in the night of the 23rd of November, at St. Leonard, Shoreditch, with intent to steal, and stealing therein, 2 aprons, value 3s.; 1 shirt, value 4s.; 1 pair of shoes, value 5s.; and 1 table-cloth, value 7s. his goods: 1 hat, value 7s.: and 1 pair of shoes, value 8s.; the goods of Richard Horton: 1 watch-stand. value 7s.; 1 tea canister, value 1s.; 1/4 lb. of tea, value 1s.; 2 liquor glasses, value 1s.; 1 pair of shoes, value 3s.; 1 shaving-box, value 1s.; and 2 razors, value 3s.; the goods of John Bleksley.
November I retired to rest at half-past eleven o'clock—Mr. Bleksley, who lives in my house, was the last person up—Richard Horton was up first in the morning—I got up about seven o'clock, and missed the articles stated—an entry had been made by the back-kitchen window—it was fastened by some drawers which stood against the shutter inside, and a basket of tools—the things were safe the night before.
JOHN BLEKSLEY . I occupy the upper part of the prosecutor's house. I was the last person up on the night of the 23rd of November—the kitchen window was perfectly safe that night—it was a sliding sash secured by a bar—there is an internal shutter, which I put up myself in the early part of the evening—it was about ten minutes past twelve o'clock that I saw it safe—I locked and bolted the street door, and left the key in it—I was getting up in the morning, and heard Mr. Horton call out, "They have been here again to night"—I went down to the kitchen window, and found a wooden pane (which had been put in where a pane of glass was formerly broken) pushed in—that would give the party an opportunity of getting hold of her bar and pushing back the shutter—there was sufficient space for the prisoner to get in—I missed a watch-stand from the mantelpiece, a tea-canister with a quantity of tea, a pair of shoes, a shaving box, two razors, and some boots.
RICHARD HORTON . I am nephew to Mr. Eldridge, and live with him. On the 24th of November I got up at a little before seven o'clock—where I got to the foot of the stairs I saw daylight in the kitchen—I called my uncle immediately—I went into the kitchen, and saw the shutter down in the place it usually stood in—the wooden pane of the window was shoved out—the shutter was forced out by shifting it aside—there was room enough for a man to get in—I missed a pair of Blucher shoes and a white hat, which were at the foot of the stairs the night before—I had not seen the prisoner for five weeks—he has not lived with his father for the last three years.
Prisoner. I know nothing of the robbery—I bought the shoes.
GUILTY† of breaking and entering only. Aged 19.— Transported for Fourteen Years.
NEW COURT.—Thursday, December 15th, 1836.
Fifth Jury, before Mr. Common Sergeant.
MR. ELLIS conducted the Prosecution.
SARAH WILSON . I am the niece of Thomas Wilson—he keeps the Hand and Shears, in King-street, Cloth-fair. On the 24th of November, about half-past six o'clock in the evening, the prisoner and another young man came to the bar—they had two glasses of gin and spruce, which the prisoner asked for—the price was threepence—he offered me a half-sovereign—I took it into the parlour to my aunt, and brought out two half-crowns and the rest in small change—I laid down the money on the end of the counter, and I saw the prisoner take up one half-crown and put it into his pocket,
and put a bad one in its place; I saw it was bad—as soon as he laid it on the counter the other man said to the prisoner, "I have got half-pence, enough to pay for it"—the prisoner said, "Perhaps you will oblige me by giving me the half-sovereign, and taking the change"—I said I would if he would give me the good half-crown—he said he had not changed it—he began saying he had not got it—I went round the counter to prevent his going out, and the officer was sent for—I am sure that half-crown did not come from me—I watched the particular half-crown—I took it off the counter, and kept it in my hand till I marked it, and gave it to the officer.
Prisoner. Q. What did I do with the good one? A. I do not know.
THOMAS TRAXLER . I am an officer. I was called in and took the prisoner and another young man—they were searched in different rooms—I found nothing on the prisoner, but on the other man 9s. 5d., in small change, no half-crown—I got a had half-crown from Sarah Wilson, the prisoner was discharged on the 25th.
EDWARD CROSS . I live at the Van Tromp, Church-street, Bethnalgreen. On the 5th of December, about half-past three o'clock in the afternoon the prisoner came with another person for two glasses of gin and peppermint, which came to 3d.—the prisoner asked for it, and he offered me a half-sovereign—I gave him two half-crowns, and four shilling—I am sure they were each good—I was counting out the coppers to make up the rest, when the other party put down 3d., and said he would pay for the liquor—and I saw the prisoner drop a bad piece out of his left-hand-sleeve—he took the two half-crowns with his right-hand—I took up the half-crown and bent it slightly—I told him that was not the half-crown I gave him in charge—the other man escaped—I kept the bad half-crown in my hand, and gave it to the policeman.
WILLIAM BARRY (police-constable H 59.) I was called in on the 5th of December—I saw the prisoner and another man—I received the half-crown from Cross, and marked it directly—this is it—the prisoner gave the name of Henry Williams, at the office—the other man escaped.
GUILTY . Aged 19.— Confined One Year.
MR. ELLIS conducted the Prosecution.
GEORGE LAMBERT GILES . I am a surgeon, and live in Berners-street, Oxford-street. On the 29th of November, about seven or eight o'clock in the evening, the prisoner came to my shop, and asked for an ounce of salts, and tendered a bad shilling—I told her she must know it was bad—I sent for a policeman, he searched her and found nothing, he said he would take her to the station-house if I pleased, but there would be no case against her, and she went away—I took the shilling, and gave it to the policeman to cut in two in her presence—he called the next day, and had it again—it had been in a little scale-box on the counter.
Prisoner. I am not the person. Witness. I can safely swear she is the person.
STEPHEN THORNTON (police-constable E. 53.) I was called in on that occasion, and found the prisoner—I am positive she is the person—I received this shilling, which I cut in two—I found nothing on the prisoner and she was discharged—I found her in custody of John Prior, the next evening, at neatly the same hour—I am quite positive of her person.
Prisoner. I can be on my oath that I was not out that whole day—it was not me at all.
JANE THORNBERRY . I keep a shop in High Holborn. About half-past four o'clock, on the 30th of November, the prisoner came into my shop for half a yard of brown holland—she offered me half-a-crown—I looked as it, and sounded it, and saw it was bad—I asked if she had any other money, she said she had not—I sent for a policeman—I gave it to the servant, but it did not go out of my sight—the moment I sounded it the servant called out "That is a bad one"—the servant did not go up stairs and come down and say it was a bad one, she did not go out of the room.
GUILTY . Aged 18.— Confined One Year.
JAMES WEGG FELTHAM . I am foreman to Mr. Ralph Wilcoxon, a boot and shoemaker in King William-street, London-bridge. We had these two pairs of boots safe on Tuesday morning last, and about one o'clock I missed them.
Cross-examined by MR. PAYNE. Q. Where were they placed? A. By the side of the door, rather inside—when the shutters are closed they enclose the boots also—I had lost two pair of Clarence boots a short time before, and they were brought back—one pair on Saturday, and another—on Monday by the prisoner's sister-in-law—and on Tuesday we lost these—we were very busy in the shop—a gentleman called to say a man had run off with two pairs of boots—I ran out, but could not see any thing of them.
Cross-examined. Q. Had he brought any thing before? A. Yes, a pair of Clarence boots—his wife came redeemed them, and said he was out of his, mind, and if he brought any more I was to detain him—it is the general impression in the neighbourhood, that he is out of his mind—I have made inquiries, and that is the impression on my mind.
MR. PAYNE called
ANN BROUGHTON . I am the prisoner's wife's sister. I took back the boots to Mr. Wilcoxon's—the prisoner brought them, and we suspected he had not got them right, because we knew he had not the money—I watched on the Monday morning, and he got the other pair—I was afraid to say any thing, and before we overtook him he had pawned them—we got the tickets, and got them out, and took them back—I gave a caution to the pawnbroker, and he stopped them—we do not consider he has been in his right mind these two years, since he was raving mad, and had a strait jacket on—he works as a fellowship-porter—he served his time to Mr. Sims—we have not been able to sleep safely this last fortnight from his deranged talk—he said he had got a great estate from an uncle, who had died and left him a large shoe-shop, and these were all his property left him by a brother of his grandfather at Leeds, and he was to buy a horse and cart, and put us all into business—he was not at all given to
drink—we have watched him through the streets day after day, ad we knew his strange ways.
MARY SELLIS . I live in Gravel-lane. I know the prisoner and his wife twenty-two years—for the last fortnight he has come down to my house nearly every night, to tell us what estate he had got left him—he said in uncle had died, and left him property.
NOT GUILTY;being insane.
JOHN HENNESEY . I live in King-street, Soho. On the 13th of December I was walking up Broad-street, between ten and eleven o'clock—the prisoner came behind me, and took my handkerchief out of my pocket—I felt him—I turned round, and he dropped it—I pursued him, and called, "Stop thief"—the policeman caught him, and took him to the station-house.
Prisoner. I did not do any thing—there were two other boys ran off. Witness. He had it in his hand when I turned round—"What, you young thief." said I, and he dropped it, and ran off—I made inquiries, and I believe this is his first crime.
GUILTY. Aged 15.—Recommended to mercy.
Confined Six Days, and Whipped.
GUILTY . Aged 19.— Confined Two Years.
THOMAS LUCAS . I live in Tottenham-court-road, and am a jeweller. About twelve o'clock on the 12th of November, the prisoner came to my shop—I laid some rings before her—she tried some, but did not like the pattern—she thought there were some others in the window she should like—I said we had no others to suit her—she then showed some money which she had in her hand, and decided on one ring, and said she would leave a sixpence, and send a little boy for the ring—she went away, and I missed two rings—she came again on the 8th of December, and asked to look at some gold rings—I recognised her, and charged her with having stolen two rings—she said she had not been in the shop before—I said I should not let her go, and sent for a policeman—this is one of the rings—it is precisely the same pattern—I and my brother, Jonathan Lucas, keep the shop.
Prisoner. I never was in the shop till last Thursday—you said, "Was not you in the shop before?"—I said, "I never was in your shop in my life"—the boy then said, "I would not let her go." Witness. While the boy was gone for a policeman she ran away—this is my ring—I swear to the pattern—it is a new pattern—I had no mark on it.
CHARLES CROSBIE . I am shopman to Mr. Aldous of Berwick-street This ring was pledged by the prisoner, in the name of Barrows, on the 12th of November—I think it was in the afternoon—I am confident she pawned it.
Prisoner.. I never pawned any ring there but my own wedding-ring for 5s. Witness. I am confident of her.
JAMES M'CORMICK (police-constable E 59.) The prisoner was given to me by Mr. Lucas—she said her name was Bridget Smith, of 48, Little Charlton-street, Somer's-town—I went there, and she never lodged there.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Three Months; Three Weeks Solitary.
EDWARD JOHN . I have been in this country four months, and live at the Sailors'-home. I had a watch from home, from my parents—I saw these girls on Monday morning the 12th of December, in Ratcliffe-highway—there were two sailors in public-house—I was very much distressed, and wanted to sell my watch—they asked what I wanted—I said 10s.—the man said, "I will give you 5s."—I put my watch into my pocket, and came out—Johnson came, and said, "You fool, don't sell your watch for that money"—I said, "Yes, I will sell it"—she said, "Let us look at it?"—I gave it her to look at, and she said, "Come along with me, don't be frightened for your watch, come along"—I went to the room—she ran up stairs with the watch, and would not let me come into the room—Osborne was with her—she told her to take the poker to me when I came into the room, and she did, and struck at me, and said, "You young smouch, if you come in, I will knock your brains out"—I said, "I want my watch back"—there was a boy there, and I sent him for a policeman, who took the watch from her—I never saw her before.
Johnson. He gave me the watch to go and pawn—I went to get my clogs on to go—this young girl knew nothing about it. Witness. No, she told me to give it her to look at, and she would go and pawn it for me—I waited about a quarter of an hour—Johnson had not got the poker—she had got the shovel—I walked a hundred yards or more with her—there was a pawnbroker's shop just over the way.
GEORGE WILLIAM GRAVE (police-constable K 223.) I went to the house and found the prosecutor outside the door—he told me the girl had stolen his watch, which he gave her to look at, and she ran away up stairs with it—I went inside, and Johnson came down stairs with the watch in her hand—I said, "What are you doing with the lad's watch?"—she said, "I merely kept it out of a lark"—I did not take Osborne then, but in consequence of what the prosecutor told me afterwards I took her.
Osborne's Defence. I never had any poker in my hand—the prosecutor said, "Give me my watch"—the policeman was sent for, and she gave him the watch—I sat on the side of the bed talking to the two young girls that were in bed—he cannot swear I struck at him. Witness. You tried to strike me.
(Osborne received a good character.)
JOHNSON— GUILTY .—Aged 23. Confined Six Months.
OSBORNE— GUILTY .—Aged 18.—Recommended to mercy by the Jury.
Confined One Month: One Week Solitary.
CATHERINE BELLES . I live servant with Mr. Thomas Johnson of Somerset-street, Portman-square. The prisoner's wife washed for me—he came to me, and I gave him some bread and meat—I saw this pepper-box safe there at twelve o'clock on the 4th of December, and missed it when he was gone—it is my master's.
HENRY JOHNSON . I live with my father Thomas Johnson. On Sunday morning, between ten and eleven o'clock, I brought the pepper-castor down, after breakfast, and put it on the shelf—in the evening about six o'clock it was missing—this is it.
JOHN BRADSHAW . I live in Mount-street, Grosvenor-square. The prisoner came to me that Sunday about half-past one, and asked me whether this box would be of any use, whether my master would buy it—my master is a licensed victualler—he said a person in St. James's workhouse gave it his wife to give to him to sell—I went to the workhouse and could not get a satisfactory answer—I then gave information.
Prisoner's Defence.. I was coming along Berkeley-square and picked it up, and being in distress I offered to sell it.
GUILTY . Aged 37. Confined Three Months.
EDWARD SMITH . I keep the private gate at Woburn-place. At twenty minutes past eight o'clock, on Tuesday morning, the 13th, I saw Warren come out of Mr. Lloyd's house with something like this on his arm—he joined Williams, who was about two doors off, and they walked on—I went and spoke to the servants, and then went after the prisoner, and met Steele—he and the policeman went after them.
(William received a good character.)
WARREN— GUILTY .—Aged 18.— Transported for Seven Years.
WILLIAMS— GUILTY .—Aged 22.— Confined Six Months.
OLD COURT.—Friday, December 15th, 1836.
Fourth Jury, before Mr. Recorder.
SARAH FOSTER . I am an unfortunate woman, and live a Mr. Tipple's farm-house, near Hoxton-town. On Sunday morning, the 4th of December, about half-past one o'clock, I was going up Sun-street and met the prisoner—we got in deep conversation together, and walked on—we turned down Long-alley, and went as far as the new market—we went down a court, down one step—the prisoner then gave me 6d. and wanted to set rather rude—I would not let him, and he struck me over the eye and took two shawls from my shoulders—with that he went away from me—he snatched them off my neck before I was aware of it—my eye bled—the blow almost stunned me—he was taken in about five minutes, not above four or five yards from the spot—the shawls were not found.
Cross-examined by MR. DOANE. Q. What did you go down the court for? A. He went down the court—there was no agreement to go down—I went for no purpose—we were talking together—he gave me the 6d. of his own accord—I cannot tell what for—I never asked him for it—I kept it—I have seen the prisoner's wife since this, and had 3s. from next—this happened on Sunday, at half-past one o'clock in the night time—the wife came to me on Monday morning,—I did not go to her—the prisoner was taken before the Justice on Monday, but I did not go them—I had then received the 3s. from his wife—she said if I would keep away her husband would be discharged—the second examination was on the Friday—I did not go to the prisoner's wife before then—I did not see her after the Monday—she came to me on Friday at the office—I did not demand 4s. 6d. from her—I did not see her between the Monday and Friday—I did not demand 4s. from any body—I never sent any body with that message to her—my landlady never went that I know of—my landlady did go to the prisoner's wife, but I never sent her—I requested her to go and see how she was getting on, but I did not send to ask for any money—that was on Tuesday—I did not tell my landlady he would be sure to be east for death—I never did send her.
NOT GUILTY .
285. EDWARD LOVELAND , ISAAC SEYMOUR , alias Dodman, WILLIAM GREEN , and JOHN SPENCER , were indicted for feloniously and falsely making and counterfeiting four pieces of false and counterfeit coin, resembling, and apparently intended to past for current pennypieces.
MR. ELLIS conducted the Prosecution.
THOMAS HARRISON . (police-constable D 14.) On Wednesday, the 30th of November, I was on duty about half past eleven o'clock in the morning at a place called Whitehall, in St. Giles's. I went through a passage through a house into a paved yard, at the end of which was a ladder, which led to a sort of landing—I went up to the top, opened the door, went into the room, and saw the four prisoners there—the door was just ajar—when I opened it, I bolted it—when I went in Loveland was standing by the fire, and Seymour was sitting in a chair opposite the fire, without any shoes, stockings, or coat on, close against the fire—Green was sitting in a chair at a table, with his back towards the fire, mending a shoe, which he put on afterward—Spencer was standing against the window with his face towards the fire, about ten or eleven feet from it—the fire was on one side, and the window on the other—the room was about twelve feet by eleven—when I went into the room Loveland began to stir the fire—I ran up to him, caught hold of him, and said, "Halloo, what are you doing here?"—I was
in my uniform—I pulled him away, and he dropped this piece of white metal on the floor, and put his foot on it—I did not see it till it dropped—I pushed him on one side, and picked it up—it was quite hot—I was obliged to put it out of one hand into the other—I put it into my pocket, and then looked on the mantelpiece, where I saw this mould, and alongside it, this piece of metal, which appears to have been coloured—the mould was wrapped in a rag—I then looked round the room, and picked up four more pieces of metal in different parts of the room, on the floor, near the fire-place—Green was sitting in a chair within about two feet of one of the pieces—I then turned down the bed, and in it found a clean shirt—I said, "Who does this belong to?"—Seymour (who I knew by the name of Dodman) said "It is mine"—while he was putting it on I went to the table where Green was sitting at work, and found these two pieces of metal, and two pieces of blue stone—I searched Spencer, but found nothing on him—I asked him where he lived—he said in Cleveland-street—I asked what brought him there—he said he had come with a message from Green's brother—I found on Loveland a pennypiece, four halfpence, and one sixpence, all good money; a shilling on Green, and nothing on Seymour—I then picked up the old shirt which Seymour had pulled of, and out of it dropped this cloth and five pieces of metal, imitating pennypieces, and one piece of metal separate—he had the opportunity of wrapping them up in the shirt while I was searching the other prisoners—I said, "Well, Mr. Dodman, how do you account for this?"—he said, "Why, I am not obliged to say any thing that will hurt myself"—I said, "No, certainly not; what you have to say you had better say to the Magistrate'—I said, "Now, my lads, you must all get ready, and go with me to Marylebone"—Dodman said, "Why, you are not going to take us all yourself, are you?"—I said "No, I have plenty more below waiting for you"—before this I had said to Green, "You seem to live here, perhaps you can account for these things being here?"—he said, "I shall say they were brought here"—I then tied them together with their own handker-chiefs, and took them to the police-station.
JOHN FIELD . I am inspector of coin to his Majesty's mint, and have been so many years. The first article produced is a piece of lead which has been cast in the mould I hold in my hand, which piece is intended to represent a current penny—it is not coloured, but it is cast in this plaster of Paris mould, and bears the impression of the two sides of a pennypiece—I have no doubt it has been used, from the appearance of it: and these five impressions have all been cast in it, by the spray—the mould has been broken, and the imperfection in the mould is visible in the cast—here is one, which appears to have had some attempt at colouring made on it, but very badly—this blue stone is sulphate of copper—I am not aware that it would give a coppery appearance to the lead—it would produce a copper colour on iron, but not on lead that I am aware of.
(The Jury, upon applying the blue stone on the lead, found it did give the lead a coppery appearance—The Court ruled that this offence was not within the Statute; copper coin in a state of preparation not being mentioned.)
NOT GUILTY .
286. EDWARD LOVELAND , ISAAC SEYMOUR , alias Dodman, WILLIAM GREEN , and JOHN SPENCER were again indicted for feloniously, knowingly, and without lawful excuse, having in their custody and possession a mould adapted and intended for counterfeiting the King's current coin called a pennypiece.
(Thomas Harrison being re-sworn, and his evidence in the former case being read to him, deposed to its accuracy.)
JOHN FIELD . I have seen, for the first time, that the application of sulphate of copper to lead has the effect of producing an appearance of copper, by rubbing it on a substance, but it will not do it in solution—I have tried that—this mould is formed from a good pennypiece, and is calculated to produce impressions resembling pennypieces when the colour is applied to it—all these pieces are from this mould.
JOSEPH GROUT . I own the house in question in St. Giles's. The prisoner Loveland took the room of me, but Dodman generally paid the rent—paid 7d. a night—Sunday night was free—I have seen all the prisoners there except Spencer.
Loveland. On the Sunday afternoon, about five o'clock, a young man brought a little parcel in a red handkerchief, and left it in our room—we did not see any more of him till eleven o'clock on Wednesday morning, when he came and said, "There is Sergeant Harrison on the stairs"—he had not been in above a minute before the policeman came in—he never offered to take him into custody, though he was there at the time, and the officer told him to hold the door.
THOMAS HARRISON re-examined. Q. Is that the case, was there another man who you did take? A. No—there was a young man who pointed out the room—his father had been robbed that morning—no young man went into the room that I know of—he went and pointed out the room where they thought I should find Dodman, respecting the other robbery.
Seymour. The young man, Edward Hinton, who brought the policeman, is the person who brought all the things there, and said he brought them from his father's shop, and he took the room of Loveland—directly they came into the room, the officer said to him, "Shut the door and search the room, you know the place better than I do." Witness. It is no such thing—he came to the foot of the ladder, and said, "That is the room they live in, "—I went up, and when I brought them down he was waiting in the yard for me—he and his father together went with me, and pointed out the prisoners—he is a brazier and tin-man—Dodman used to work for him, and they prisoners—I have no reason to believe it was an act done to catch the prisoners—he came all the way from Barret's-court with me—it would take about ten minutes to go to the place—when I went up the ladder, he was down at the bottom—the father asked them if they had any thing belonging to him, and when they came down, they said, "Oh, Mr. Neddy, it is your that planted this"—that was at the foot of the ladder—the father had told me he had been robbed of some sheet, copper and a number of little things, such as paper-moulds, that he has for working on tin—he deals in copper and metal—he keeps a shop, where he works—he goes about to buy metal, and makes things—he works for other shops—he is a sort of petty master of his own, and fits up gas-works and other things—he is a very hard-working man, but his son, I am sorry to say, is not—I have had him in custody myself, on a charge of stealing some silk handkerchiefs, but he was discharged at the office.
Seymour. He brought them in, and said, "Do not look at them, it is something very particular, I shall be back presently, "and I never saw him any more till he brought the policeman—we took them down to see what they were, and scattered them about—his father uses blue-stone, and plaster, and all these things, in his shop—he said he brought them from his father's.
THOMAS HARRISON re-examined. Q. How near did this mould fall to the fire? A. Not above a foot from it—it fell directly I pulled him away—it was not warm—the piece was hot—the mould was on the mantal-piece, and this other piece, which had been coloured, was by it—the young man had been with me, I should think, about twenty minutes—he could not have been in the room for that time—there was a very large fire—the coin would get hot in a minute.
JURY. Q. Was there any such thing as a tobacco-pipe or ladle found in the room or on the fire? A. No, none whatever.
LOVELAND— GUILTY .
SEYMOUR— GUILTY .
GREEN— GUILTY .
Confined Six Months.
SPENCER— NOT GUILTY .
287. JAMES M'GRATH was indicted , for that he having been convicted as a common utterer of counterfeit coin, did afterwards, on the 26th of November feloniously utter and put off, to Mary Stevens, a counterfeit half-crown, well knowing it to be counterfeit.
CALEB EDWARD POWELL . I am assistant-solicitor of the mint. I produce a copy of the record of the conviction of James M'Grath, for uttering counterfeit coin—I have examined it with the original record in Mr. Clark's office—this is a true copy—(read.)
MARY STEVENS . I am a widow, and keep the Nag's Head, at Islington. On the 26th of November the prisoner came to my house, about nine o'clock in theevening—he came out of the tap-room—I served him him with a quartern and a half of gin—he put down a half-crown, which I saw instantly was bad—I look it up, and said, "I do not think I shall take this"—he begged of me to return it, and put down a good one; but I put it into my pocket and said. "I shall not give it you again"—I had some sovereigns in my pocket, but no silver—he begged very hard of me to return it; I refused, and he affected to cry—Jackson then came in and took him—he resisted a good deal, but was taken—I bit the half-crown and gave it to Jackson.
THOMAS JACKSON . I am a plumber, and live in Church-lane, Islington. On the 26th of November I was in the bar-parlour of the Nag's Head, with a few friends—I saw the prisoner and four more sitting talking together in the tap-room—I heard one of them, named Welch, say to the the prisoner, "You had better go"—(I knew them both)—the prisoner made answer, "Old Pike will know me"—(Pike formerly kept the house)—Welch said, "Oh no, he has been gone some time; they are fresh caught ones here, they won't know you"—the prisoner then got off his seat and went to the bar—I followed him, and saw him standing at the bar for about half a minute—he then threw down a half-crown on the counter—Mrs. Stevens took it up and said, "You don't think I am going to take this for a good one?"—I then collared him, and held him till the officer came—as soon as he heard the policeman coming he struck me a violent blow in the face—I received the half-crown from Mrs. Stevens.
JOSEPH ACKLAND . I am a painter, and live in Chapel-row, Clerkenwell. I was in the tap-room, and saw the prisoner and three more come in—I heard Welch say to the prisoner that all was right, they were fresh comers
in the house—they went and called for a pot of ale—I saw the prisoner take two half-crowns out of his pocket and look at them, and asked one of the others to go and fetch some gin—Welch said, "No, you go, old Pike won't know you"—I saw the prisoner lift his right hand up to his waist-coat pocket, when Jackson had got him, and he took something out, and put it into his mouth—I saw his throat move, as if he had swallowed something.
GEORGE SMITH . I am a chemist and druggist, and live in Fleet-street, On Wednesday, the 23rd of November, the prisoner came to my shop, a short time before dusk, for four separate ounces of Epsom salts, which came to 4d.—he offered me a five-shilling piece—I immediately said, "Are you not aware that this is a bad one?"—he said, "No, I am not, but if you object to it. I will immediately get you another; I took it of my mistress, Mrs. Owen, of Lombard-street," and pointed across, in the direction of Lombard-street—I called in Eaves, the policeman, and gave him the crown-piece—the prisoner told the policeman that he lived at No. 8, Little Moorfields.
Prisoner. Directly I offered him the crown, he pulled out a small scale, and another crown-piece, form his pocket—he put them both in to weigh them, and he took them both in his hands together, calling out for the policeman, and said, "If money will hang you, I will hang you." Witness. I did take a five-shilling piece, and put into the scale to convince him it was bad—I am positive I gave the officer the one he offered me—the two were never in my hand together.
THOMAS EAVES . I am a policeman. took the prisoner in charge from Mr. Smith, and received a crown-piece—the prisoner said he got it from his employer, in Little Moorfields, who gave it him for a quarter of a pound of salts.
Prisoner. The officer asked me, in the shop, who it belonged to, and I owned it myself. Witness. I believe he did state it was his own—I said "That is not the story you told Mr. Smith, you said it belonged to your employer."
MR. FIELD. This half-crown and crown-piece are both bad.
(The prisoner put in a written Defence, stating, that a person who owed him 5s. had paid him two half-crowns, one of which he offered for the gin, and it was passed to several persons without its being marked, and therefore there was a doubt as to its being the same.)
GUILTY . Aged 24.— Transported for Seven years.
NEW COURT.—Friday, December 16th, 1836.
Sixth Jury, before Mr. Common Sergeant.
THOMAS SLATER . I am a butcher, and live at Kensington. I employed the prisoner for about ten months—he received 1l. 0s. 3 1/2d. on the 29th of October, and 16s. 9 1/2d. on the 12th of November, and 16s. 9d. on the 19th of November—he has never paid it to me.
Cross-examined by MR. PAYNE. Q. Was he authorized to receive bills? A. Yes; the bills were brought to the counting-house to be receipted—he had no authority to receipt them—I had security for any deficiency—I
have received from the uncle all the sums which I suppose the prisoner has not brought to me.
NOT GUILTY .
KENT LARCENIES, &c.
Before Mr. Recorder.
MARY WARD . I am servant to Thomas Richard Killick, of New Cross, Deptford—he sells bread and other things. On the 3rd of December, between five and six o'clock in the evening, I went to Mr. Jones, a grocer, in Church-street, for some sugar, tea, and tobacco—I put them into my basket—the tea was at the top—when I got to Broadway the prisoner shoved up against me, and asked me where I was going—I told her to New Cross—she asked if she might carry my basket, and I said she might if she liked—I allowed her to do so—she said it was very heavy, but it was not—when we got to the Lord Duncan public-house she asked me to go back with her—I told her "No"—When I got home I missed a pound of tea from the basket—I am certain it could not have fallen out—she was carrying it with one hand, and I with the other—she was a stranger.
WILLIAM SMITH (police-constable R 49.) I apprehended the prisoner in Broadway, and charged her with taking the tea; and when I took her to the station-house the prosecutrix said that was the woman who carried her basket, and stole a pound of tea—the prisoner said, "No, my dear, you should mind what you say; girls like you take peoples' characters away"—I afterwards went to Creeck-place, in consequence of inquiry—the prisoner told me she lived there in the first room, ground-floor, and in that room I found two canisters, containing 12 1/2oz. of tea, and a portion of tea leaves wet—it was about twelve o'clock on the 5th of December—she said at the Magistrate's office, after leaving the girl she kicked against a parcel, and found it contained tea—that she picked it up in the mud, took it home, the paper was wet, and she burnt the paper in the morning—she bore a very good character.
GEORGE JONES . I am a grocer, and live in Church-street, Deptford—this tea is precisely the same sort as I sold to Ward—it is a peculiar mixture, which I do not have above once a year—I saw the articles put into her basket, and should say it could not have dropped out—the lid was down—it was a common wicker basket.
Prisoner's Defence.. I proposed to carry it out of good nature—I did not steal it—I picked it up as I returned.
GUILTY . Aged 59.—Recommended to mercy— Confined One Month.
Before Mr. Sergeant Arabin.
in Broadway, Deptford—the prisoner was our servant of all-work for nearly five months—I discharged her, having missed property, and in two or three days after she was gone I missed other articles, and sent for the police—I know these five yards of lace—I missed three lace caps, and other things.
WILLIAM GARDENER . I am in partnership with the prosecutor. The prisoner lived in our service about five months—we began to miss articles, and when she was apprehended I saw these three lace caps found on her—she denied having them at first, and then give them to me—the caps were found in her box before she left, and while I was gone for a contsable she went away.
(Property produced and sworn to.)
Prisoner's Defence.. They would not pay me my wages—I summoned them, and they then brought this against me.
MRS. WOODCOCK. I owed her 7s. 6d., and as she robbed me I would not pay her.
GUILTY .—Aged 25. Transported for Seven Years.
SARAH WOOD WILLIAMS . I am the wife of Charles Williams, who is a pawnbroker at Greenwich. Treadaway brought a pair of shoes to me—I saw they were ours—they had never been sold—the prisoner came to the shop after the shoes had been brought, and she had been before to take some patchwork out of pawn—the shoes hung on a horse, near the boxes—I had them in my hand the last thing at night—these are them—I am certain they are mine—I missed them immediately Treadaway spoke about them on 25th of November—we put some more on the horse and went into the back parlour, and while sitting there, the prisoner came in and rushed by the horse and came to pawn something for fourpence, and immediately we missed another pair.
Prisoner. Mr. Williams said if I paid 16s. he would let me off. Witness. He did not.
JONATHAN TREADAWAY . I am shopman to Mr. Thompson in London-street. The prisoner offered these shoes in pawn on the 25th of November, about half-past four o'clock in the evening—seeing a mark on them we suspected they were stolen, and took them to the prosecutor—the prisoner ran out of the shop, and said she would send her sister.
GUILTY . Aged 18.— Transported for Fourteen Years.
292. JOHN ANDREWS was indicted for stealing, on the 1st of December, 1 iron wedge, value 3s.; 1 horseshoe, value 4d., and 30lbs. weight of iron, the goods of William Hawkes, his master; to which he pleaded
GUILTY .—Aged 43. Confined One Month.
Before Mr. Justice Littledale.
NOT GUILTY .
Before Mr. Common Sergeant.
GEORGE WOODROFFE . I am coachman to Mr. Adams, who lives at Sutton, in Kent, in the parish of Lewisham. Mary Wynell Mayow, his—sister-in-law, lives there, and keeps turkeys—I had the care of them for years—I missed twelve, which I saw safe on Monday evening, the 21st of November—they used to roost on the iron railing generally—I missed them the next morning—there were thirteen altogether—I found the lock of the hen-house door broken—a man could get them very easily I think, I had brought them up so tame—I have not seen them since.
Cross-examined by MR. DOANE. Q. Are you in the employ of this lady? A. Yes, I have the care of her property—she lives in the same house, and is sister-in-law of the gentleman—Mr. Dicas Adams in master of the house—I am his servant—Miss Mayow always paid for the keep of these turkeys—I did not but them—I bred them—she pays part of my wages as coachman—I am paid nothing for feeding these turkeys—the lady's name is Wynell or Wynnell—I will swear it is as it is stated on the paper—she is alive, but not well.
COURT. Q. You are not able to swear whether there are two N's or one? A. No.
EDWARD SEALEY . I am horsekeeper to Mr. Gearing, of the Bromley-coach. On Tuesday morning, the 22nd of November, about six o'clock, I saw Rosser, who lodges where I do, with a very large dark-looking bag on his back—it would hold a bushel or a bushed and a half—he took it down from his shoulder and put it into a cupboard—I asked what he had got there—he said he had got some wood—I told him it was no such thing as I saw it was not that—I considered it was poultry—I told him to take it out and take it away altogether—I saw him take it out of the house—I asked whether he worked by night instead of day—I afterwards examined the bag, and found it contained a very large and dark turkey, almost black—I should imagine that was about two miles from Miss Mayow's—Rosser was not in bed when I came home that bight at half-past nine o'clock—he came in in an hour and a half after.
CHARLES ATKINS , I am the constable of Lewisham. I received information of the twelve turkeys being taken—I apprehended Rosser at Bromley on Monday evening, the 28th of November—I told him I wanted him for stealing Miss Mayow's turkeys—he said he had not stolen them, or words to that effect—I took him to the cage—on the following morning I went to take him before the Magistrate, and he said he wished to say something to me—I told him not to say any thing that would criminate himself, it might be used against him—he said it was a bad job, he should not have done it if he had not been drunk—he said that him and Cowper, and a man named Bill (he did not know his other name) had been drinking at Bromley
and they went to one of the beer-shops at Bell-green, Sydenham—he did not know which—that they went from there, (he did not know the hour,) over the fields to the back of Miss Mayow's premises, and found the turkeys there, and they took them; but he said they went to Cowper's house first, and got a bag and a smock-frock—they took the turkeys to Southend, and put one bag in a field at the back of the houses, and the other bag, with six turkeys, he took home—he left them in the field first, and then went and brought them in; and Sealey challenged him about having that property, and told him if he did not take the things out of the house immediately he would send for a constable—then about eight o'clock he took the six turkeys, with the bag, up the road; but I should say, prior to his taking it out he saw a brewer's drayman, and told him he was in a good deal of trouble, and wanted him to take the bag; that he fetched it out, and put it on the shafts, and told the drayman to take it away and do what he liked with it, and the other six he waited till after dark, and took them to Lewisham Bridge, and threw them into the water—I had the prisoners in separate cages, and on the Friday morning I went to Lee cage to fetch Cowper out to take him before the Magistrate, and when I went to fetch him, and the other man who was with him, Cowper wished to speak to me, I told him out to say any thing to me, as I did not want to hear him say any thing to criminate himself—he said he understood that Rosser had told all about it, and it was useless for him to deny it—he said it was a bad job, and he should not have done it if he had not been drunk—we were talking about the turkeys then, I said, "How could you be such a fool as to get into such a mess?"—he said, "Rosser told me he had got a market for them, or otherwise I should not have gone there."
Cross-examined. Q. They both said they were drunk? A. Yes—I believe Cowper has worked about Sydenham, but I do not know him.
JOHN CLARK . I had been drinking with these two men at Bell-green. I was with them about an hour—I left at about a quarter past ten o'clock at night—they did not appear to know each other all the time they sat there.
WILLIAM RUDRUM . I carried Cowper home a new pair of shoes that night, and when I went to the beer-shop he was just gone—I asked the publican where he lived—I went to his house, and he was undressed, to go to bed—I told him I had brought the shoes—he told me to take them to the beer-shop—he would come and try them on and pay me for them, which he did.
MR. DOANE to GEORGE WOODROFFE. Q. How long have you known Cowper? A. Five or six years—he has borne a good character.
Rosser. I am quite innocent of it.
ROSSER— GUILTY . Aged 29.
COWPER— GUILTY . Aged 28.
Recommended to mercy by the Jury.
Confined Three Months.
295. HUMPHREY NEWBURY and MARY MOTTS were indicted for stealing, on the 24th of November, 1 bed, value 34s.; 1 blanket, value 6s. 1 sheet, value 3s.; 3 pillows, value 5s.; 1 counterpane, value 8s.; 2 curtains, value 1s.; 1 carpet, value 1s.; 1 looking-glass and frame, value 1l.; 1 tea-pot, value 1s.; 1 candlestick, value 1s.; 1 pail, value 1s.; 1 saucepan. value 3s.; 1 kettle, value 1s.; 6d.; and 1 flat-iron, value 1s.; the goods of George Lakie.
Motts took a furnished room of me—she told me she had a child by her second husband, and she brought Newbury to the house afterwards—they resided a considerable time as man wife—I desired to go into the room and was refused—and they used dreadful imprecations—I sent for Stewart—after getting in with difficulty, I found a large quantity of property gone, and what was left was knocked to pieces—I missed a bed, and the other things stated—this is my property—I have examined it before.
Motts. A fortnight after I took the room he gave me leave to pledge several articles. Witness. Not directly nor indirectly, in any shape.
DONALD STEWART (police-constable R 35.) I went with the prosecutor to try to get into the room, and was refused by Newbury—he said he paid the rent, and would open the door to no person—I took him into custody, and asked if the man's property was all in the room—he said it was, for all he knew—Motts gave me about twenty duplicated—these are them—she gave me all except two, which I found left in pledge at a marinestore-shop.
JOHN EVENDEN . I am shopman to Mr. Joseph Sharp. I produce I bed which Motts pledged, and some other articles—I cannot swear who pledged them, but three of these duplicates correspond with the articles I have produced—the bed is at our house.
Motts. I should have brought them home again—when I paid him the 4s. the first week he took 6d. off, and said he would take 3s. 6d.—and if I paid him his rent every week, he would not meddle with my room—what I did was through distress—I had four children, and Newbury was sick.
Newbury. It was done through distress. I was sick at the time, and hurt my side.
GEORGE LAKIE re-examined. I have seen him take part of my property out of the room in his bosom. On the Saturday week before, I was shutting up my shop, at ten minutes before ten o'clock, and he bolted out with what I believe was one of my sheets, and Mots after him.
NEWBURY— GUILTY . Aged 36.
MOTTS— GUILTY . Aged 21.
Transported for Seven Years.
TIMOTHY JONES . I am a Greenwich pensioner. On the 7th of September I got some money from my brother in London—I went down by the coach, and met my friend Morrison—we went to the Coach and Horses in Turpin-lane, and had a pot of beer, and on sitting down a little while, the prisoner came to Morrison and asked him for 1d.—he said "I have not got it"—I said, "What is the matter?"—he said, "She says she is very hungry, and asked for 1d."—I went out, and got her some dinner, which cost me 10d., and on the way she said she had a gown and shawl in pawn—I took it out for her—it came to between 4 and 5s.—this was out of pity and humanity—I then returned, and went to the bar and changed a half-sovereign, came and sat down, and just hung my head back—I felt in my pocket, to have a smoke, and my pouch was gone—I jumped up, and Morrison was coming in—I said, "You have got my
pouch, have you not?"—he said, "I have not"—"Then," says I, "she has got it"—I gave information, and never saw her again till six o'clock the next morning—I cannot say I was drunk—I knew what I was about—I had a sovereign, two half-crowns, and a sixpence in my pouch.
Prisoner. Q. Was you not sitting with that gentleman drinking? A. No—I was sitting with him, and you introduced yourself—I did not ask you to sit down and drink—I sat down, and lent my companion 2s. after I got the things out of pawn, and had given you the victuals—I did not send for a pot of porter—I did not change a sovereign at the Eight Bells—I got her things out before I changed any thing—I had 35s. 6d. altogether.
COURT. Q. And you spent 10d. and 5s., and what else? A. We only had two pots of beer, and 2s. I lent to my old shipmate—after I changed the half-sovereign we had three pots of beer, that was 1s.—there was 1l. 5s. 6d. in my pouch—my brother sent me 1l. 15s. 6d.
Prisoner. He was so tipsy that he cannot recollect what he did—he paid for a pot of porter at the cook-shop, and did not know it.
ALEXANDER MORRISON . I am a Greenwich pensioner, I met Jones about five minutes after three o'clock, he asked me to go and have a pot of beer—we went and sat down at the Coach and Horses, and had a pot of beer—we talked about different parts of India—the prisoner stepped up and said, "I was brought up in India"—we got into conversation—I got up to light my pipe—she came and says, "Will you lend me a penny, I have not had any thing to eat or drink to-day?"—I said I had not got one—Jones said she should have something to eat—she sat down by him—he got up and went out, and they were gone twenty minutes or half an hour—when they came back he came in and said, "I know you will want some money before the night is out"—he gave me 2s. and said, "Pay me when you can"—we sat down and had a pot of porter—we sat twenty minutes or half an hour—I said "I am going out"—I saw the prisoner put her right arm round his neck and her left hand into his pocket, but I had not the least suspicion of her robbing him, after his being so kind to feed and clothe her—I staid two or three minutes in the yard, and saw the prisoner coming out—she said, "I shall be back again directly"—I went in, and Jones said, "You have got my pouch"—I said, "I have not, have you lost it"—he said, "I have, with 1l. 5s. 6d. in it?"—I went and locked after her, but could not find her till the next morning.
Prisoner. Q. Did he not hand you the 2s. before he went out with me? A. No, not till he came back.
Prisoner to TIMOTHY JONES. Q. Did you not treat a College man, with lace on his arm at the Coach and Horses? A. No—I did not change a sovereign at the Eight Bells, and have a quartern of gin.
JOHN COLLINS . I am bar-man at the Coach and Horses. Jones came to the bar with a pouch, and called for some rum or gin—I cannot say which—he had a sovereign and a half-sovereign in it—he charged the half-sovereign—I remonstrated with him on the impropriety of carrying his money about in his pouch—he told me to mind my own business—to the best of my recollection he paid for some rum.
WILLIAM BROWN . I keep the Eight Bells. I remember on the day in question changing a sovereign for a Collage man, and the prisoner was with him, just about three o'clock—he was a short man—I have no doubt but it was the prosecutor—he has a quartern of gin—I gave him two half-crowns, and 4s. 6d., and a half-sovereign.
Prisoner. It was after he changed that sovereign that he went to the pawnbroker's shop—what became of the tobacco pouch and the silver I do not know.
Prisoner's Defence.. I went to the Coach and Horses a at quarter before three o'clock—these men were talking about India—I drank with them two or three times, and the man said he was going to have something to eat, and I went with him—the victuals came to 10d., and one pot of beer—this was after he changed the half-sovereign and gave his comrade 2s.—it was a cold evening and my neck was very bare—I said I had my shawls in pawn, and he said he would get them out, and he put the two half-crowns, the change of the sovereign, into my hand, I went back to the Coach and Horses, and had something to drink—how he lost his money I cannot say.
NOT GUILTY .
WILLIAM GILLHAM . I am son of James Gillham, who keeps a boat and shoe shop in Nelson-street, Greenwich. On the 10th of December, at three o'clock, I gave these half-boots to the prisoner to shew Mrs. Beaver, of Royal-hill—she said she did not want them for herself, but for Mrs. Beaver—I gave her two pairs, and told the boy to follow to see that the went there.
THOMAS BRAZIER . I am servant to William Gillham—I pursued the prisoner—she passed by Royal-hill, and went to Mr. Tighe's the pawn-broker—I sent for a policeman, and waited till she came out; and then she went to another place, and the officer took her.
THOMAS CANNON (police-constable R 157.) On Saturday evening, the 10th, I received information, and took the prisoner in Mr. Sharpe's shop, where she went to from the prosecutor's—she was in the act of offering this other pair in pawn when I took her with them.
GUILTY . Recommended to mercy by the Prosecutor.— Confined One Month; One Week Solitary.
JOHN GILL . I am shopman to George Ruffey, a baker, at Woolwich. I left my bread-cart in the street on the 9th of December—I was absent about ten minutes, and lost the only loaf I had in my cart—I went after these boys—I saw Daniel Nelson, and asked him where the loaf was—he said he had not seen it—I found it in the bottom of the basket he had going for coals with.
THOMAS KAY . I live at Woolwich. I was standing at the back of the church—I saw Daniel Nelson go behind the cart and take the loaf out—he called his brother after him, and they went round the corner—I told the baker's boy—he went and took the loaf from him.
DANIEL NELSON— GUILTY . Aged 13.—Recommended to mercy.
Confined Four Days and Whipped.
WILLIAM NELSON— NOT GUILTY .
300. JAMES GAY and JOHN WALDIN were indicted for feloniously breaking and entering the shop of James Carter, on the 6th of December, at St. Nicholas, Deptford, with intent to steal, and stealing therein, 1 hammer, value 2d.; and 1 pair of pincers, value 6d.; his goods.
JAMES CARTER . I have a shop in New-street, St. Nicholas, Deptford. On Tuesday, the 6th of December, I left the shop about five o'clock—I bolted the lower and the upper latch—the next morning, about seven o'clock, I found the lower latch was broken, and the staple drawn—it was broken open—I lost a hammer and a pair of pincers—these are them—they were safe that night—I found them at Mr. West's a marine store-shop.
SAMUEL LOW (in custody.) I know the two prisoners—I saw the prosecutor's shop broken open by John Waldin—he fell against it—I do not know whether the hasp came out—I did not go near the place—James Gay was with him—they were about two minutes at it—this was between five and six o'clock on Tuesday night—I saw them come out with a pair of pincers and a hammer—on one said any thing—I advised Gay to take them back—the landlord of the public-house came out, and he laid them down on the ledge of Mr. West's, and said he would take them back, and put them in as he went home.
Gay. We were all at play together, and Waldin put his back against the door and broke it open—I went in and took the pincers and hammer.
BENJAMIN LOVELL . I heard of this—I went to Gay and asked him if he was in company with a lad named Paddy—he said, "Yes"—he said "He broke the shop open—I took the pincers and hammer, and took them round to Mr. West's and laid them on the board."
WILLIAM COATS (police-constable R 123.) I went after Waldin, and said I came after him for breaking open the shop of Carter—he said, "I know I broke open the shop, but I took nothing away," and he told the Magistrate so—the prosecutor made inquiries, and found the pincers and hammer in Old King-street.
JURY to JAMES CARTER. Q. How was your door fastened? A. I bolted the lower door first, and then locked the top one—I think the lock was not so bad that he could break it open by falling against it—the upper door was too high for that.
JURY to BENJAMIN LOVELL. Q. Could a boy fall against this and break it? A. No—the top door he could not reach with his hand, and that must he open before he could open the other—the staple was drawn out.
GAY— GUILTY .* Aged 17.
WALDIN— GUILTY . Aged 18.
Confined Six Months; Six Weeks Solitary.
SURREY LARCENIES, &c.
Before Mr. Recorder.
301. JOHN BARRETT was indicted for stealing, on the 9th of November, 1 sovereign, and 1 half-sovereign, the monies of the Lambeth Waterworks Company, his masters.—2nd COUNT, stating them to be the monies of Thomas Casey.
MR. FISH conducted the Prosecution.
November I marked nine sovereigns and three half-sovereigns in the presence of Mr. Nelthorpe, the secretary—(looking at some) this is part of the money I marked—there is a cross between the D in the figures—after marking them I placed them in this tin box, which has a patent Bramah lock—there were 20s. 6d. in silver in it—I locked the box and took the key away with me at two o'clock in the afternoon, leaving the box with Mr. Nelthorpe, who resides at the office—I went there next morning at nine o'clock, and saw Mr. Nelthorpe take the box out of my desk—it was locked—I handed him the key, he unlocked, it, and a sovereign and a half were missing—money has repeatedly been taken away, and I was obliged to account every Saturday evening for all water-rates received by me.
Cross-examined by MR. PHILLIPS. Q. Do you mean to say you received all this money yourself? A. I did—Mr. Nelthorpe did not receive any of it—I never said I marked ten sovereigns and two half-sovereigns—I did not say so before the Magistrate—(looking at his deposition) this is my writing; but when my deposition was taken before the clerk a Union-hall, he made the error, and before the Magistrate I objected to it—he said, "Sign your name, I will after it," and I thought he had done so, but it appears he has not—I said before the Magistrate, "Nine sovereigns and three half-sovereigns"—I cannot say whether I said one pound and sixpence, or twenty shilling and sixpence—I had two keys to the box—one I carried with me, and left the other at my house.
JOSEPH NELTHORPE . I am secretary to the Lambeth Water-works Company. I was present on the 7th when the money was marked, and on Tuesday the 8th, I saw the marks, and put them into the cash-box—this sovereign and half-sovereign part are of it—there were nine sovereign and three half-sovereigns marked and put into it—I gave the key to my clerk, Thomas Casey—the box was put into Casey's desk, the lock of which was imperfect and wanted repairing, and it was not locked—Casey came about nine o'clock next morning—I told him to get the box and put it on my desk, which he did—he gave me the key, and I opened it, I believe, and a sovereign and a half were deficient from the marked money—I saw the prisoner in the office about one o'clock that day—I believe nobody was present but the policeman and himself, but the clerk and others case in two or three minutes—I told him to lay all the money he had in his pockets on the table before the policeman—he did so, and there were, I think, two sovereigns, besides this sovereign and a half-sovereign, and some silver—I examined it, and found this sovereign and half-sovereign were those I had marked—I desired the policeman to take him into an inner room, and examined him, and in about five minutes he came out of the room, and produced a key, which he tried, and it opened the cashbox instantly, much easier than the right key—the prisoner has been in the service of the company five years and three quarters—he has been my house-servant as well, and knew the house perfectly well—the box was always kept under lock and key by Mr. Casey—it was purchased for the exclusive use of the company's money, for the balance left there at night—all the sovereigns and half-sovereigns were similarly marked.
Cross-examined. Q. Did you give this money to Casey to mark? A. No—I told him to mark what money there was on Monday afternoon—Mr. Casey is paid by the company, but he is under my control—I was at the police-office when he was examined—the clerk made a mistake in the number of sovereigns in Casey's deposition, which I told him was not correct,
and he said he would alter it—I rather think he made same mistake with regard to the umber of sovereigns in my deposition—I did not desire any error in mine to be corrected—I do not recollect that "ten sovereigns" was read over to me—it was the company's money—there was also 20s. in silver, besides the gold, in the box.
COURT. Q. Do the company take the money into their possession at all till the clerk accounts for it? A. Not at all—they had no key of it—Casey was answerable for the contents of the box—the money arose from little bealances from the water-rates, which it was not worth while to take to the banker's—we pay it in when it amounts to between 10l. and 20l.—the company are incorporated by Act of Parliament, (producing the Act.)
MR. PHILLIPS. Q. As Casey is your clerk, do not you account for the money to the company? A. It is accounted for through me.
JAMES MILLAN . I am the office porter in the service of the company. On the morning of the 9th of November, between seven and eight o'clock, I had occasion to go into the office—there was no one there when I went in—while there I let the prisoner into the house, and he went into the office—he was there about ten minutes—I did not go in with him—there was no other person went in when he was there.
Cross-examined. Q. You did not go into the office yourself at all? A. Not when he went in—I went in before he came out, and found him there—he went away directly I went in—I did not see him do any thing.
THOMAS WHITEHEAD (police-constable L 103.) I was at the company's office on the 9th of November, with Mr. Nelthorpe, and a stranger was there—the prisoner came in—Mr. Nelthorpe called him forward, and desired him to empty his pockets—I also desired him to do so—he produced two sovereigns, one half-sovereign, and some silver—Mr. Nelthorpe looked at them, and identified a sovereign and half-sovereign as the marked money—there was no opportunity of substituting other money for it—this is the sovereign and half-sovereign which the prisoner produced from his pocket—they have been in my custody ever since—the marks were pointed out to me at the time he produced them—I found this key in his waistcoat pocket, which opened the box.
Cross-examined. Q. How long were you opening it? A. I suppose two or three minutes—in getting it out of the lock I broke a piece off it—I told the Magistrate I tried the key, and there was something so that it would not open it—the Magistrate sent me back to try it again, and it then opened it perfectly easy—it would not open before, because a key filed as this is, if you do not put it far enough, or too far, it will not open—I had tried it two or three times, and failed each time.
COURT. Q. What was the state of the key before it broke? A. There was a small nib on the key, which is now broken off—I believe it is an altered key—I never attempted to open a Bramah lock before, to my knowledge.
JOSEPH NELTHORPE re-examined. The prisoner's business would not call him to the office at all, but having been so long in the service we did not mined his being in the office, and he used to come there for directions—he had no business there between seven and eight o'clock, but he might come, thinking orders might have been left for him the night before—he bore so excellent a character we never minded his being there—his business was to cut off the water from persons who refused to pay the rate—the other money found on him had been paid him by those persons—I never paid him any money from the cash-box—I had nothing
to do with it—he had been out all day with the Collector—when I charged him with robbery, he said, "I am not a thief."
(The prisoner received a good character.)
GUILTY .—Recommended to mercy.— Transported for Seven Years.
Before Mr. Sergeant Arabin.
JOSEPH RUTTER . I am a hardwareman, and live in Union-street, Borough. About a quarter after five o'clock in the evening, this saw hung inside the door-post—I saw a person going swiftly from the window—I went out, and saw Elmore following the prisoner, who had the saw in his hand—he turned into a passage, where he was secured, and the saw was found—this is it.
GEORGE ELMORE . I was opposite to Mr. Rutter's shop, and saw the prisoner take the saw from the door-post—I ran after him, crying, "Stop thief"—he turned up a court, which is not a thoroughfare, and there he was secured.
GUILTY . Aged 22.— Confined Six Weeks.
Before Mr. Recorder.
303. RICHARD EDWARDS was indicted for a robbery on Mary Ann Goose, on the 10th of December, putting her in fear, and taking from her person and against her will, 5 shillings, and 1 sixpence, the monies of Robert Leuid Goose.
MARY ANN GOOSE . I am the wife of Robert Leuid Goose, and live in Caroline-buildings, Lambeth. On the night of the 10th of December, I went with him to the Marsh-gate public-house, inn the Westminster-road between eleven and twelve o'clock—the prisoner and several other persons were there—I knew him by sight before—the prisoner said to my husband "Will you stand some gin?"—my husband said "No"—I counted my money out into a bit of paper, at the same time, because I was going to put it separate from 18d., which I was going to spend in tea and sugar that evening—I had 5s. 6d. besides the 18d.—when my husband refused to give any gin, the prisoner said, "You b—I will serve you out for it"—I then went out, and my husband followed me—when he came out he was struck by the prisoner several times—I could not perceive that the prisoner was intoxicated—he struck my husband in the head and in the face mostly—a great many persons had followed us out of the public-house, and the prisoner was one—when we got to the Marsh-gate, my husband was hit again and stunned—he staggered, he had no sense in him—he was perfectly sober—a man, who is not in custody, said, "Now then, the left"—that man had hit my husband before, and knocked him down several times—the prisoner then seized my hand directly, and snatched the money away from it, saying, "Let go, you b----" he wrenched open the the hand, and run away immediately—I lost my boa at the time, but I do not charge the prisoner with that—the prisoner had an opportunity of seeing me counting my money at the public-house—I saw him look at me at the time. I am certain he saw me counting it, but I do not know that he knew the amount—he stood right before me, looking at me—my husband was greatly ill-used—they fractured his jaw—he lost nothing—I am certain what I have said is correct—he took from my hand 5s. 6d. which was wrapped in a bit of newspaper.
between eleven and twelve o'clock, with my wife—there were several men and woman there—the prisoner knew me before—he asked me to give him some gin—I did not answer him at first—he asked me again, and I said I should not—he then asked me again whether I would not stand a quarter—I said I should not; I did not see why I should stand gin for him—he then began to have words, and I told my wife we had better go out—she was putting some money into a piece of newspaper which was open in her hand—my wife went out first, and when I got to the door I received two violent blows in my mouth from the prisoner—they were followed up close—I was afterwards struck by several more persons when I go out—I was hit to a stand still, and my mouth was all in a gore of blood—a number of persons gathered round me—the prisoner followed with them—he walked alongside of me, and said if I had stood the gin the row would not have happened—I had then got about a hundred yards from the public-house, towards my home—I was knocked down several times—I was then very near a hundred yards from the Marsh-gate—the Marsh-gate is nearly two hundred yards from the public-house, and I was about half-way from each—they wanted to drag me down a dark lane there—they said, "Bring the b----down here, and murder the b----down the lane"—they said that once I had them in my power, but I could not help myself—(I once belonged to the police)—with that somebody came up behind me and struck me with his fist, or something else, and fractured my jaw with the blow—I could not see what the blow was inflicted with—as soon as I could recover myself I was obliged to make my escape, for the mob was so strong on me—I did not fall from the blow—I went all ajaw into the road—I went down through the gate—I was not knocked down—I gathered myself up—my hands were grazed—after I received the blow in the face I fell sprawling into the road, off the foot-path, on both my hands—I gathered up my hat and ran away, and the mob after me—I went home and stripped myself, for I was smothered in blood and mud—I changed my coat and hat, and then came back to look after my wife at the Marsh-gate—I was absent about an hour—I found her with a policeman at the Marsh—gate turnpike—she had no boa on then—she had had one when we left the public-house—I had given her the money on the Saturday evening, and saw the silver in her hand at the public-house—I have known the prisoner a long while while I was in the police—he never interfered with me, and I never had a word with him—I have since ascertained he was in liquor, or else I do not think he would have done it—he was always civil, and since I have been out I have been in the habit of seeing him every day—I complained directly to the police—my wife mentioned the prisoner, I believe, to the police, the same night, but not in my presence.
MARY ANN GOODS re-examined. Q. Did you make any complaint against the prisoner by name, the same night? A. Not by name—I could not—I did not know his name—I had seen him a great many times and knew him perfectly well by sight—I complained of him to a police-man, who is not here—I went before the Magistrate on Tuesday morning the 13th—the prisoner was taken on the 12th—I did not get my money back.
Prisoner's Defence.. I was at the Marsh-gate public-house on Saturday evening, and making rather free with two or three people—the witness came in—I had a few words with him, but what it was about I do not recollect I recollect going out, and we struck blows—by that time, a mob of people gathered round us—some of the mob knew him, and said,
"That is Goose, the policeman that was, he is turned a common informer"—I said, "You had better go on, there will be sure to be a row"—I walked to the Marsh-gate—my hands were down, and at the time there were about 100 people round us—his wife I never saw—where we got to the Marsh-gate, somebody hit him in the face, and knocked him into the road—several people hit him going along, but I never touched him—when he was knocked down, I said, "You had better let the man alone"—I came back to the Marsh-gate, stopped there, and had something else to drunk, and afterwards I was with my cab—I was standing talking to the policeman, and he said, "You had better go home, you have had too much already" I went home at last—I did not got to the stand till very late the next day, and then heard the policeman had been after me—next afternoon I went to the policeman, and said, "I understand you wish to see me?" he said, "Yes, I do"—I said, "what is it about? I suppose it is the row with Goose?"—he said "Yes, it is—I said, "Very well, I am going to have a pint to beer, and will walk to the station-house with you"—I had the porter, and went to the station-house, and remained then while the policeman went to fetch Mrs. Goose—when she came she gave me in charge, but I had never seen her in my life, to my knowledge, before—I said it was a very hard case I should be given in charge, and I would not be locked up that night, but would come in the morning, if I was to be given in charge—I told the Magistrate I was very tipsy, and had a row with the man, but the wife I never saw before.—if I had not been tipsy I should not have insulted him or any body.
MARY ANN GOOSE re-examined. I am confident the prisoner is the man who snatched the money from me—he forced my hand open, and took it out—I did not make this charge from resentment—I should be sorry to do so.
JURY. Q. What degree of light was there near the spot where you say he wrenched your hand and took the money? A. A gas-light—it was quite clear—I could tell his features among 5000—I am quite sure the man who struck my husband at the door, was the man who took my money—it did not fall on the ground—he took it out of my hand with his hand, and then ran away.
THOMAS BURBIDGE . I keep cabs and hackney-coaches, and live in Regent-street, Lambeth. I have known the prisoner between four and five years—he worked for me, and I believe him to be an honest character—I have a word to say, there is a person outside who was accused of this charge, by Mrs. Goose—I did not know of it till last night.
MRS. GOOSE re-examined. I never charged any one but the prisoner with the robbery—I charged another person with hitting my husband—I cannot tell his name—I saw him at Mr. Edwards's public-house, at the corner of the New Cut—(looking at a man named Doo)—that is not the man I changed with striking my husband—the policeman brought this man up at the time, and showed him to me, and asked it that was the man, and I said no.
THOMAS WILLIAM REDFORD (police-constable L 52.) (Witness for the prosecutor, called by desire of the Jury.) I took the prisoner into custody on Monday night about eight o'clock—I met him near the Marsh-gate public-house—I told him I wanted him—he said he understood I had been looking for him. I said, "I suppose you know what I want you for"—he said, "Yes, for the disturbance which took place on Saturday night, I have came on purpose to see you"—I said, "You must go with me to the station-house"—there
was another young man with him, and they both went with me to the station-house—on our road the prisoner said if he had not been in liquor this would not have taken place—I went and fetched the prosecutrix, and she came to the station-house—she had described the prisoner to me, and she recognised him immediately as the man who had robbed her, but the other she would not charge—the address of the other was taken down, and he was allowed to go.
JURY. Q. Did the prosecutrix mention the prisoner to you by name, or only his description? A. Not by name, she gave me an accurate description of him—I knew the prisoner as a cab man on the rank, and I took a cab man on the rank who they call George by mistake—there are two or three together, and they dress very much alike—the prisoner is the only person the prosecutrix ever said robbed her—she never expressed a doubt of him—she did not assume an angry manner at all.
COURT. Q. Did she make the charge to you on the Saturday night? A. I was not on duty on Saturday night—she came to me on Monday morning—she was quite composed.
MRS. GOOSE re-examined. I might have let go the money by fear more than from his wrenching it out of my hand.
GUILTY of stealing from the person only.—Aged 25,
Transported for Fourteen Years.
Before Mr. Common Sergeant.
JOSEPH WOOD DYER . I am servant to Mr. John Symes, who lives at Lambeth-walk. Between seven and eight o'clock on the 7th of December, I saw the prisoner take two dead rabbits off the board outside the window, and run away with them under his coat—I ran, and brought him back, and made him put them on the board—I brought him into the shop—my master told him to go about his business—he would not, but was very saucy, and master gave him in charge.
Prisoner. I went and asked the price of these two rabbits—his master knew my mother and father well—I took up one of them and was looking at it, and he swore I had got it under my arm. Witness. He had got fifty yards off—my master was in the shop serving a lady—he said he had got plenty of money and meant to buy them—my master said he did not know him—when searched at the station-house he had only 6d.—the price of the rabbits was 1s. 6d.
GUILTY . Aged 26.— Confined One Month; One Week Solitary.
305. SUSAN SHARPE was indicted for stealing, on the 15th of February, 1 trunk, value 1s.; 1 set of bed-furniture, value 9s.; 1 picture, framed and glazed, value 6s.; 2 sheets, value 5s.; 4 brushes, value 1s.; 1 petti-coat, value 6d.; 8 table-cloths, value 16s.; 1 neck-handkerchief, value 6d.; 2 towels, value 6d.; 2 printed books, value 6d.; 2 images, value 3d.; 5 pairs of stockings, value 1s.; 1 iron handle, value 3d.; 2 jugs, value 5s.; 1 basket, value 6d.; 1 curtain, value 1s. 6d.; 4 gowns, value 10s.; napkins, value 6d.; and 1 shawl, value 4s.; the goods of Hannah Owen, since deceased.
JOHN OWEN . I am the only son of Hannah Owen, deceased, she lived in Arlington-street, Lambeth. On the 1st of April 1833, my mother made a will when she was perfectly in her senses—but latterly, for five months, I have every reason to believe she was not right in her senses—I beg to
ask whether the will may be considered legal—I do it from a point of conscience, but the will has never been proved—I had been absent from my mother nearly seven weeks before her death, and very probably there might be such a thing as that my mother might give the prisoner some things—my conscience between God and my soul, is every thing—the bar of man is nothing but the bar of God is all in all—I have see the gowns, brushes, and other things—I have great reason to believe they were my mother's—I saw my mother seven weeks previous to her death—she died the last day of November—I had not been near the house but once for three or four months—I have reason to believe she was not right in her mind—she would order one thing to be done, and then in two or three minutes she would contradict it, and such a person could not be right in her senses—all I can do is to swear to the property—I cannot say whether my mother gave her liberty to pawn them—she was in distress at times.
Cross-examined by MR. DOANE. Q. Your mother made a will in favour of her grand-daughter? A. Yes, and left her the whole of her wearing apparel, this is part of it—I did not want to get he wearing apparel—I am certain I never said I would let the prisoner go it she would give the things up, nothing of the kind—the prisoner was attending on Mrs. Owen a long time during her illness—there was a reason for my keeping away for seven weeks—my mother has authorized the prisoner to pawn things to get bread.
NOT GUILTY .
MR. PHILLIPS conducted the Prosecution.
THOMAS SPRONSTON . I am a farmer living at Padders farm, Chertsey, Surrey. On the 8th of September, I sent two cows to Chertsey-mead, one of them I lost—it was a yellow-red one, about four years old—I saw it in the mead with the other cows—on the 14th or 15th of October—I was offered 10l., for it by two people before I sent it to the mead—I understood one of my neighbours had lost two cows from the same mead.
WILLIAM FISHER . I am a farmer at Chertsey. My farm adjoins Mr. Spronston's, it is all round it nearly—I have seen his yellow-red cow many times—I think it was about four years old—I have seen it from a calf—on the 20th of October, I and my son were going to Kensington with a horse and cart and goods—we were at a place called the High-bridge at Littleton—I there saw the prisoner, and another man, with three cows—I knew the prisoner before—it was about twelve o'clock at night—they were driving them as fast as the cows could run nearly, from Chertsey towards town—they passed us, I ran after them, and overtook them as near as I could, to see if I could see the second man—I am sure the prisoner was one of them—I knew one of these cows to be Mr. Spronston's—I had seen it a great many times—there is no probability of being mistaken—it was a very bright moonlight night—I had known the prisoner from a child.
Prisoner. Q. How was I dressed? A. You had a smock-frock on, what I call a white me.
JURY. Q. Was there any mark on the cow? A. Yes, there was some white about it—we call it pied—the chief of the colour was yellow-red—I have no doubt at all of its being Mr. Spronston's.
saw the men with the cows—I did not know the men—one had a kind of white frock on—I made a remark to my father—the next morning I saw the prisoner on the top of one of the Kensington coaches—he had a kind of white round frock on.
Prisoner. Q. Did you ever see me in a white round frock? A. I do not know that I did before, but you had it on then—I knew the cows, but could not tell that one of them was the prosecutor's.
Prisoner. Q. Did you ever see me in a white round frock? A. I do not know that I did before, but you had it on then—I knew the cows, but could not tell that one of them was the prosecutor's.
JURY. Q. What distance were you off when you saw the prisoner that night? A. Five or Six yards off.
Prisoner's Defence. I was in a public-house.
DANIEL MATTHEWS . I am a labourer at Chertsey. On the 20th of October I was in the tap-room of the Royal Oak, a beer-shop—I know Chertsey-mead—it is between three and four hundred yards from there—I saw the prisoner and Edward Brisco—I cannot tell the time, we call it night—when I went away it was half-past nine o'clock—I left the prisoner and Brisco behind me—they went into the first room—I went there about six o'clock—I cannot say how long it was after I went in that I saw the prisoner and Brisco go into the parlour—it was about an hour—I had no watch—I saw no more of them that night.
THOMAS GILES . I am constable of Chertsey. I received the warrant to apprehend this man—I could not find him at all—I have never seen him till now—I made inquiries as soon as I had got the warrants, and he had absconded—he was taken by two Guildford officers, and brought to Chertsey.
JURY, to WILLIAM FISHER. Q. Did you in consequence of seeing these men do any thing the following morning? A. All Along the road I made inquiries—I saw him on the coach coming out of Kensington, going towards Chertsey—I did not know the cows had been stolen.
Prisoner. I did not leave the public-house till twelve o'clock—I could not be at Littleton High-bridge at the time he say I was—I went from the Royal Oak with a horse and cart to Kingston.
GUILTY .* Aged 33.— Transported for Life.
GUILTY . Aged 17.—Recommended to mercy.— Confined One Month; One Week Solitary.
NOT GUILTY .
JOHN HAM . I do not remember the prisoner coming to me on the 16th of November, but I recollect paying a lad 17s. 6d.—I could not swear to him—I paid it for Mr. Baker, on account of Mr. Dixon, of Gravesend—I received a receipt, but that is at Gravesend—the Magistrate said there was no necessity for it.
NOT GUILTY .
Before Mr. Sergeant Arabin.
310. JOHN NOBLE and ROBERT DUBES were indicted for stealing, on the 30th of November, at St. Mary, Newington. 1 trunk, value 3s.; 3 watches, value 20l.; 1 milk-jug, 4l.; 21 spoons, value 9l. 10s. 1 pair of sugar-tongs, value 15s.; 10 sovereigns, 20 half-crowns, 40 shillings, and 20 sixpences, and 1 £5 bank-note; the goods and monies of Thomas Shearman, in his dwelling-house.
MR. BALLANTINE conducted the Prosecution.
THOMAS SHEARMAN . I am a grocer, and in the general line, and live in Amelia-street, Walworth-road, in the parish of St. Mary, Newington. On Thursday evening, the 1st of December, I missed a trunk from my bed-room, containing plate and money, there were 10 sovereigns, and upwards of 5l. in silver, twenty-one spoons, three watches, one gold, one silver, and one metal, some papers, and a pocket-book—I stated the amount as upwards of 50l. as I did not know—Francis Shearman is my nephew, he had access to my house, but had not been there upwards of a fortnight—he had before that—he knew the situation of my property.
Cross-examined by MR. PAYNE. Q. How lately before had you seen this property? A. Not from the morning of the day before—we had not any occasion to go to it on Wednesday.
FRANCIS SHEARMAN . I am the nephew of Thomas Shearman, and am thirteen years old—I had been in the habit of being at my uncle's house—I remember meeting the two prisoners about three weeks ago—I knew them by sight a little—they asked me if I knew any of my friends whom I thought that they could rob—after some persuasion, I told them about my uncle—this took place in a house in St. Giles's-street—Noble and Dubes took me there—Noble said I had better go to my uncle's on Wednesday—I agreed to do so—I slept in their place that night—I went to my uncle's on Wednesday—Dubes said at first I had better go on Saturday, but Noble said on Wednesday—I went about half-past five o'clock to a public-house in the next street to my uncle's—we remained there about five minutes—when they came out Noble stood at the top of the street, and Dubes came and stood opposite to my uncle's door, and he told me to go up and get the box (I had told them that there was something in a box—the door was on the jar, and) I went in, and went up and got the box, and brought it down, and Dubes took it from me—I got it from the side of the bed in my uncle's room—Noble was at the top of the street, within sight—Dubes carried the box as far as Blackfriars-bridge, and then, Noble carried it—while Dubes carried it, Noble and I walked on the other side of the way—Noble said they had better not go through the City with it, they might be known and stopped—we were going to take it to Moore's house—we took it to St. Giles's, where we had slept, and Dubes broke it open with a piece of iron that they use for a poker—there were two girls in the room at the time—there were some spoons, I believe, wrapped up in a paper, but Dubes put them into his pocket, and the milk-pot too, and Noble put the gold into his pocket—he took it up so quick that I could not see what it was—there were sovereigns—I saw nothing else—there were three watches, a gold one, a silver one, and a metal one, and we had one a-piece—I had the gold one and Noble the silver one—after that they told the girls to burn the paper and the box, and we went down and took a cab, and rode a little below Leather-lane, and we got out, Noble and Dubes went into Mr. Alexander's, which is one the right-hand side down Field-lane, with the plate—I stood opposite the door, and Mr. Alexander stood at the door—and then a woman came and looked our—and then Mr. Alexander came and looked out, and then he went into
the back parlour with Noble and Dubes—and then they came out with 4l., which they said Mr. Alexander gave them for the plate—they went down to Moore's, where they used to lodge—I went with them, and Noble threw 1s. on the table for a light—Moore's house is lower down in Field-lane—Noble took the light, and went up into the top room and counted the money out, and shared it—then they came down, and Moore saw the watches—he had all three of them in his hand—and he said the gold one I had was a pinchback one—Dubes took all the watches, and went to Alexander to sell them—he came back, and said he had asked 3l. for the watches, and Mr. Alexander only offered him 2l.—and then Noble said, "I will go and see if I can do him"—he went and came back, and said, "Mr. Alexander has given me 2l. and half-a-crown for the watches"—I got 6s. 4 1/2d.—Moore then went to change the silver—he tied it up in a handkerchief—we then went to a hours in Farringdon-street, to have something to drink.
Cross-examined. Q. What did you drink? A. I had some ale, they had rum, but I did not—it was about half-past eight o'clock at night—I had before this been living with my mother, at No. 58, Shoe-lane—a boy named Green had asked me to come out, and then he asked me to keep out—and I staid out—I had been at school before, living with my father and mother—I did nothing with Green—I have known him five years—we used to play about together—I left my father's house about twelve o'clock, and went over to my uncle—I saw him, and met Green again about six o'clock, and went to the Surrey Theatre, and came away about twelve o'clock, and then he said he knew a place to lodge at—I slept with Green, but no one else—I have not been home since—the next day we met Noble—I have been in the Compter since, and came from there now.
MR. BALLANTINE. Q. You got into bad company, and on that account were forced to leave your mother's house? A. Yes, that was it.
JAMES MOORE . I am a porter, and live at No. 8, Field-lane—the prisoners were lodgers of mine—three or four weeks ago they came to my house with Shearman—they borrowed a candle to go up stairs together—they all three went up—when they came down I observed they were talking together, and had some money—I saw some watches—they asked me if I could change some silver—I said I thought I could at Mr. Gurney's, who changed a good deal for country-people—the two prisoners gave me 2l. a piece, and the little one (Shearman) 2l. 10s.—Noble went out, and when he came back, I heard him say he had got 2l. and half-a-crown.
Cross-examined. Q. Who do you work for? A. I have been at work in Newgate and Farringdon markets for fourteen years—I know the prisoners no further than being lodgers—it did not excite my suspicious that they should have money—I never saw them without money—I worked for Mr. Chiggle, in Clare-market, and for a gardener at Deptford, who comes to Farringdon-market—I keep no shop—I live in the lower part of the house—there is no shop—I do not sell any thing—there are three rooms up stairs—the first floor and the second floor have been let, ever since I have been in the house, to a person of the name of Nitch.
GEORGE CRAWLEY (City police-constable, 61.) I took the prisoner Noble at lodgings in a house in Lazarus-court, Broad-way, Holborn—I saw the two prisoners along with two prostitutes—I took Shearman with me—he pointed out the place—I searched Noble, and found a sovereign, a hall-sovereign, 7s., and 5 1/2d.—this life-protector was in the room—this was Wednesday evening, the 2nd of December.
Cross-examined. Q. Had you seen the women before? A. Yes; about West-street, and the other streets.
CHARLES WALLER . (City police-sergeant.) I went with Crawley, and took Dubes—I found on him three sovereigns, a half-sovereign, and 11s. in silver—I went to their lodgings again on Monday the 5th of December—I found this iron which was used for a poker, and in the fire-grate two odd hinges, a brass handle, and two holders for it in a burnt state.
Cross-examined. Q. You found the things two or three days after you took the prisoners? A. Yes.
Cross-examined. Q. Have you not said that they were covered with leather? A. I have—they were so, but they were two odd hinges—I do not swear to them positively.
(MR. PAYNE addressed the Court, contending that the evidence of the accomplice could not be depended on.)
NOBLE— GUILTY .—Aged 18.
DUBES— GUILTY .—Aged 19
Transported for Life.
311. GEORGE ROBERT ROBERTSON and JOHN ARLETT , were indicted for stealing, on the 25th of November, at St. Giles', Camberwell, 1 lamb, price 20s., the property of Richard Thomas—2nd COUNT.—for killing, with intent to steal the carcass.
RICHARD THOMAS . I am a farmer, and reside at Dulwich, I have some sheep and lambs. On the 25th of November, on my return home in the evening, I was informed a lamb was missing—they were at grass—my shepherd brought me several slips of the skin—the legs were attached to it, and the feet—I have no doubt it was the skin of my lamb—I traced one letter on it—I have no doubt it is mine—I know neither of the prisoners.
JAMES WRIGHT . I am a gamekeeper of Dulwich-common. I was on watch at Mr. Thomas's field—I found some slips of skin on the 25th of November, in the middle of the day, in the College-wood—I went down to the farm and spoke to the shepherd, and he looked after the lamb.
SAMUEL PICKETT . I am the prosecutor's shepherd. On Friday the 25th of I received information—I had counted my lambs on the 24th—I looked at them, when the keeper came, and missed one—I saw the pieces of skin that were shown to my master—there is no doubt but it was the skin of the lamb that was missing.
JAMES BARKER . I am a policeman. On Tuesday the 29th I went to No. 24, Pitt-street, Bowyer-lane, Camberwell—Robertson occupied a room there—in a box under the bed I found part of the carcass of a lamb, and in the cupboard a leg of lamb dressed, with a lot of suet with it—I took it away and brought it to the station-house—I went directly back with two more officers, and found a quantity of turnips and this shoe, under the beds, which exactly fitted the marks in the field where the lamb had been
slaughtered—it is a remarkable shoe—there is a piece out of the sole which exactly corresponds with the marks, and a nail in the sole as well—on the 30th of I went to Arlett's house which is about fifty yards from Robertson's—I found a quantity of suet, and some caul-fat, which appeared he same as I found at Robertson's—I found a clasp-knife in Arlett's pocket when I searched him, and another officer found in his house a hatchet—here is a quantity of grass on the shoe as if it came just out of the field.
JAMES SIMONS . I am a policeman. I accompanied Barker to Robertson's, and saw the shoe found—I did not go to the field—I afterwards went to Arlett's, and found a shirt stained with blood on the left shoulder, and a smock-frock also—I took one waistcoat off him in Horsemonger-lane, which had marks of blood on, in the same place as the shirt, and so had his other waistcoats.
Arlett. It was my nose which bled in the night that did it.
WILLIAM WATSON . I am a policeman. I was at the station-house—I saw Barker bring in four joints of lamb—I accompanied him back again to Robertson's house, and saw him find part of a leg of lamb, and a knuckle of lamb—the next day the lamb was shown to Mr. Thomas—the skin and some joints were brought from Mr. Thomas, and the joints tallied exactly—we compared the fat found at the prisoner's—it appeared to tally in quantity exactly, and the knuckle that had been cooked tallied with that in the skin—I observed some particular cuts in the chopping down the neck of it—it appeared to have been done by a hatchet, and not by a butcher.
Robertson. I wish it to be shown, to see whether it is lamb or mutton that he found at my house. Witness. Here is the shoulder bone.
SAMUEL WRIGHT . I am a policeman. I accompanied Barker to search Arlett's house—I went into the back room, and found a chopper and saw—they had blood and far upon them—I compared the chopper with the neck of the meat—it exactly correspond with it.
Robertson's Defence. The meat which was found in my house was mutton which I had purchased—I brought the leg, neck, and breast, in New-gate-market on Friday morning—I gave 5d. a lb.—the other I bought in Lambeth-walk, and gave 5 1/2d. a lb.—the whole came to 8s. and some odd pence—I do not know the people I bought it of—it was a butcher's-shop in the centre of the market.
Arlett's Defence. On Sunday night, the 27th of November, I was in bed with my wife and children, when I heard myself called by name—I was asked, whether I had borrowed a water tub of Robertson—I called, out that I had not, and returned to bed—should I not have removed these articles which they found at my house, had I been conscious of any thing wrong? On Wednesday the officer came and took me in my house—it has been stated that part of a sheep's head, and less than 1/4lb. of suet were found at my house—and the policeman would allow it was found in my cupboard in a paper flour bag—they will admit they emptied out the flour, and having separated the suet they returned it into the bag—the hatchet
and saw were found in their usual place—I use them as a feller of wood, in the spring season.
ROBERTSON— GUILTY . Aged 32.— Transported for Life.
ARLETT— NOT GUILTY .
312. GEORGE ROBERT ROBERTSON and SOPHIA ROBERTSON were indicted for stealing, on the 26th of October, 1 pillow, value 3s.; 2 candlesticks, value 2s6d.; 1 warming pan, value 4s. and 1 blanket, value 5s.; the goods of Thomas Henry Johnson.
THOMAS HENRY JOHNSON . I let a furnished room to the prisoners at 3s. a week. On Sunday evening, the 27th of November, I missed the pillow, warming pan, and the other things mentioned—the prisoner Sophia gave up to the officer the tickets of all the goods, and said she did it through distress.
(Property produced and sworn to.)
George Robert Robertson. I pledged part of it through distress, and my wife pledged part—I was present when she pawned it.
GEORGE ROBERT ROBERTSON— GUILTY .
SOPHIA ROBERTSON— NOT GUILTY .
Before Mr. Common Sergeant.
(The witnesses did not appear.)
NOT GUILTY .
314. ELIZABETH LAMBERT was indicted for feloniously receiving, of an evil-disposed person, on the 7th of November, 2 pairs of shoes, value 5s., the goods of James Warren, well knowing them to have been stolen; against the Statute, &c.
JAMES WARREN . The prisoner was in my service about five or six months—I missed a considerable number of things—I found these two pair of shoes at a pawnbroker's shop last Thursday—I do not know when they were missed—I am not able to say that they have never been sold—I do not think it at all likely—she admitted having received them of a boy in my employ, but who had left my service the week before—I found him, and took him to the station-house, and they did not think it sufficient evidence to detain him—the prisoner was then remanded until the following Tuesday, and then I found the boy—she and the boy were in my service at the same time.
JAMES WARREN re-examined. I think she left me on the 3rd of December—the boy was about fifteen years old—she stated that she gave him part of the money—she came occasionally to the shop—she worked as binder—she did not live in my house, nor did the boy—there is a private mark on the shoes.
NOT GUILTY .
JAMES WARREN . On Mr. Cole's further search, he found some other boots and shoes—these are them—they are my property—I have every reason to believe I had not sold them—I had not sold them to the prisoner.
Prisoner. I know nothing of the shoes.
Prisoner. You did not take in the boots of me. Witness. Yes I did.
JAMES WARREN re-examined. I have missed property to a considerable amount—the prisoner might have had access to the shop when no one was there—but I do not think she could have taken them out of the cases without some person seeing her.
NOT GUILTY .
ADJOURNED TO MONDAY, JANUARY 2, 1837.