CENTRAL CRIMINAL COURT.
THIRD SESSION, HELD JANUARY 2, 1837.
MINUTES OF EVIDENCE.
Taken in Short-hand,
On the King's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Before the Right Honourable THOMAS KELLY , Lord Mayor of the city of London; Sir James Allan park, knt.; one of the Justices His Majesty's Court of Common Pleas; Sir Edward Hall Alderson, Knt., one of the Barons of His Majesty's court of Exchequer; Sir John patterson, Knt., one of the Justice of His Majesty's court of king's Bench; George scholey, Esq.; Sir William Heygate, Bart.; Matthias prime Lucas, Esq.; William Thompson, Esq.; Sir John Key, Bart.; Charles Fare-brother, Esq.; Henry Winchester, Esq.; Aldermen of the said city of London; the Honourable charles Ewan Law, Recorder of the said City; James Harmer, 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. THIRD SESSION.
A star (*) denotes that the prisoner has been previously in custody—An Oblisk †, that the prisoner is known to be the associate of bad characters.
Before Mr. Justice Park.
316. GEORGE DOYLE was indicted for burglariously breaking and entering the dwelling—house of Alexander Lowe, about the hour of one in the night on the 21st of December, at St. Mary, Rotherhithe, with intent to steal.
ANN BAYLEY . I am servant to Mr. Alexander Lowe, who lives in the parish of St. Mary, Rotherhithe—I have lived with him ten years. On the night of the 21st of December I shut up the house before ten o'clock—I am sure I bolted the door and secured the windows—I and an old lad named Beckham, a relation of Mr. Lowe's, were the last persons up—we both went to bed together—she is not here—between one and two o'clock in the morning I heard a noise like a crushing of wood and hammering—it seemed to come from the lower part of the house—I slept on the first floor, and the old lady slept with me—I got up, and after hearing the noise about a quarter of an hour, I called to my master, who slept in the next room, to know if he was up—he did not answer me—at last I heard some-body talking in the alley—I then got up, but I did not go down stairs till seven o'clock in the morning—I then found a chisel on the kitchen stairs, which is below the parlour floor—I gave it to Mr. Lowe—I found a piece of candle in the back yard, and the back-kitchen window was broken open—I am sure I had shut the shutters of that window the night before—they are inside shutters—the passage door was unfastened—I am sure I had shut that—I found marks, of a chisel on he panels between the shop and the passage of the house—my master is a slop-seller—I had left some towels in a basket, and I found them, about the floor, and cupboards doors were open in the kitchen—nothing but plates and dishes were kept in those cupboards—they were not moved—I had left the cupboards shut at night—when I went into the yard I found a piece of candle under the kitchen window, and a piece of sand—paper out of a lucifer box, and the panel of the window shutter which it here—I do not Know the prisoner—nobody lives in the house but myself, my master, and the old lady.
JOHN TAYLOR (police-constable R 11.) I was on duty, at Rotherhithe, on the night of the 21st December, and between one and two o'clock I saw the prisoner in Charlotte—row, about five or six yards from Mr. Lowe's house—I did not know him before—he was coming up the row in a direction from Mr. Lowe's—there was some person with him whom I have not seen since—I did not hear them speak to each other—the prisoner had an old pair of shoes in his right hand, and this chisel in his left hand—
he dropped it and the shoes—I told him to put the shoes on, as he had none on—I did not have them afterwards—the other man made his escape—I secured the prisoner, and searched him at the station-house—I found in his coat-pocket some tallow—it appeared to be part of a candle from the shape of it—there was some tallow on the chisel—he did not say any thing.
CHARLES HOWE . I am a policeman. On the 22nd of December I went to Mr. Lowe's house—I have brought the pieces of panel her which I found outside the kitchen window—here are two pieces, they are pieces of a shutter—they have marks on them, corresponding with the chisel which Taylor has produced—there was enough of the shutter taken out to make way for a man to come in—they were inside shutters they must have got through the glass part to get to the shutter—I observed footmarks in the back yard—marks of feet without a shoe—the yard has a close-boarded fence seven or eight feet high round it.
Prisoner's Defence. I had been to a singing place at a public-house, and was returning home, and as I came along, I turned up the court to ease myself, the policeman laid hold of me, and said I had dropped the chisel—I never had my shoes off, nor ever had any chisel in my possession.
GUILTY. DEATH .—Aged 16.
Before Mr. Baron Alder son.
317. WILLIAN PINNER was indicted for a robbery on Peter Ludwell on the 10th of December, at St. Mary Magdalen, Bermondsey, putting him in fear, and taking from his person, and against his will, 1 purse, value 3d.; 1 sovereign, 3 half-crowns and 2 sixpences; his goods and monies.
PETER LUDWELL . I am a smith, and live at No. 1, Nelson-street, Bermondsey. On Saturday, the 10th of December, I was going home, about half-past eleven o'clock at night—I was not tipsy, I had been drinking a little, I cannot exactly say how much—I was drinking with a few of my shop-mates—I met two men in Nelson-street, who stopped me—one pinned my arms behind, and the other thrust his hand into my trowsers pocket—I did not know them before—the prisoner was one of them, I have not a doubt—we were between three gas lights—one at the observatory, One at the corner of a lane, and there was another—the furthest was fourteen or fifteen yards off—I saw the prisoner, for he came right in front of me and put his hands into my pocket—I have not a doubt of him—it was done momentarily—he had a flannel jacket, and a dark cloth cap, which I believe was blue, and a white apron round him—I did not observe his neckcloth—I had a purse in my pocket containing a sovereign, three half-crowns, and two sixpences—I misted my purse after they left me—I gave an alarm, and saw Nicholls—they used violence to me—I said, "You rascals, you are robbing me"—and then the prisoner struck me, and I fell down on the ground—he knocked me down.
Prisoner. Q. Will you on your oath say it was me that knocked you down? A. Yes.
JOHN NICHOLLS . I was in Nelson-street on Saturday the 10th of December, and saw a scuffle between some men—I saw the prosecutor thrown violently on the footpath—there appeared to me to be three men with him—the prisoner ran by me—I called to him—the prosecutor got up, and I recognised him as knowing him—from what he said I ran after the prisoner and secured him—I lost sight of him for perhaps a second, just in turning a corner, but he was conspicuous by his flannel jacket which came un-twisted—I overtook him and caught hold of him—I called the policeman,
When I secured him, and he dropped a half-crown and sixpence from his hand, which I took up—the policeman came up to us on the exact spot where I stopped him—he had a dark cap on.
CHARLES LEGG . I am a policeman. Nicholls delivered the prisoner to me—I heard something drop as he called me, and found it was half-a-crown and sixpence, which Nicholls took up, and gave to me at the office—I searched the prisoner, but found nothing but a knife—I afterwards returned to the place where Nicholls delivered him to me, and picked up the purse with a half-crown and sixpence in it—I found the other half-crown close to the purse.
PETER LUDWELL re-examined. I belive this purses is mine—it is like the one I lost—I have no doubt it is—there were three half-crowns, and two sixpence, and a sovereign in it—I have never got the sovereign.
Prisoner's Defence. I was in at the Griffin public-house, in White-street, Borough—there was a row there, and two men were taken from there—I ran to the station-house to see if they were taken up, and that man came and caught hold of me and said, "You have robbed a man;" I said, "I have robbed no man;" but he took me to the station-house, and gave the policeman a half-crown, a shilling, and a sixpence; and on Monday he brought the purse, and said there was another half crown. I never wore an apron in my life.
GUILTY DEATH . Aged 19.
Before Mr. Justice Patterson.
318. THOMAS PURDOM was indicted for burglariously breaking and entering the dwelling-house of James Hilson, about the hour of four, in the night of the 21st December, at St. Mathew, Bethnal-green, with intent to steal, and stealing therein 6 spoons, value 2s.; 1 bottle, value 1s. 6d.; 1 tumbler, value 2s.; and 1 work-box, value 9s.; his goods.
ANN HILSON . I am the wife of james Hilson, who keeps the White Swan public-house, in the parish of St. Matthew, Bethnal-green. We took that house a week before Christmas—on Tuesday night, 20th of December, I went to bed a little before twelve o'clock—my two sons were in the house at the time—we all went to bed at the same time—they did stay up after me—I fastened the doors myself—there are two doors leading to the street, I bolted them both—there are windows which open into the street, I looked round, and they were fast for any thing I know—I believe, they were—I was alarmed about half-Past four o'clock—I got up, and came down stairs—I found several policemen and people in the place—I went to the bar, it was very much confused by the people being in it, and I was confused and could hardly answer—I did not examine the outer doors at that time—the policeman looked at them—I missed a work-box of my daughter', which I had seen in the bar-parlour the night before—it had only been brought that night from our other house—some spoons were put into my hand by one of my children, who is not here.
Cross-examined by MR. DOANE. Q. Had you not a longer at this time in the house? A. Yes—I do not know whether there was one or two in the house that night—I know there was one—I had only been there one night—I cannot say whether he was in the habit of going out very late, after we went to bed—I knew nothing of him before—we took the house with the lodgers in it—there might have been two lodgers in the house that night—I cannot say whether they went out after I went to bed—we have had the bolts of the doors altered since—there was no apperance of the
bolts having been wrenched—I saw the work-box at Worship-street—I did not see the prisoner that morning.
DANIEL DURRANT . I am a policeman. I was on duty on the morning of the 21st of December, in Swan-street, Bethnal-green, about half past four o'clock—I saw a light through the top of the door of the Swan public-house—I crossed over, followed by the watchman, and entered the house—I turned on my light, and found the prisoner in the house with another man—I took hold of him by the collar, and the watchman took hold of the other—I struggled with the prisoner—he got the door open—he pulled the lock of the door back, and we both fell out into the street—the other man made his escape from the watchman, and ran round and began to kick me—I was prevented from springing my rattle by their very tight hold of me—I was on the ground, and they got tight hold of my rattle, and kicked me—I cannot say which it was kicked me—the watchman came running out of the house and came to my assistance—the man who escaped, ran three or four doors when I was on my legs—the prisoner called to him, "Tom, come back, stick to him, kill the b——, I shall get free"—by that time Maguire came up—I kept hold of the prisoner the whole time—I never lost him till I got him to the station-house—he was secured—we took him into the house, and I saw some lucifer matches found in his pocket—Maguire searched him, and found 18d. on him—I saw the watchman pick up a hat and glass, which the other man had left behind.
Cross-examined. Q. Did you say a word about the lucifer matches before the justice? A. Yes, I did—the clerk put it down "a box," but I said "matches"—it was read over to me—I did not contradict it as I thought that was the same thing—it was a box of lucifer matches—I thought that sufficient—I believe the prisoner was the worse for liquor—he had been drinking.
JOHN MAGUIRE . On the morning of the 21st of December I heard a cry of "Police," and went to the Swan—I saw the prisoner Durrant, and the watchman had hold of him—they were crying, "Let go the rattle"—I laid hold of him, and presently he made no more resistance—the house being open, and the family not up, we took him into the house and searched him there—I found some lucifer matches in his pocket—I searched a the tap-room and another room, and found on the floor, between a partition of the house and some shutters, a small work-box—I found nothing else.
WILLIAM BERRY . I am a watchman. I went with Durrant into the Swan—we pushed the door, and it went open—when I got inside I saw the prisoner and another man there—Durrant took hold of the prisoner, and I took the other, who got away by struggling—I ran out at the door in Swan-street—the prisoner and Durrant went out at the door in Baker-Street, and they were on the ground—they were just getting up—I went to Durrant's assistance, and the prisoner said to the other who came round, "Tom, stick to me"—we went into the house after he was second—I picked up a hat with a glass in it in the passage—I saw the work-box picked up.
Cross-examined. Q. Had the prisoner a hat on in the street? A. Yes—the other man had no hat on when he ran away.
one exactly like this and had two—the box is my daugter's, and was in the bar parlour.
(MR. DOANE, on the prisoner's behalf, slated, that being rather in liquor, he(the prisoner) was induced by some person to go into the house, on seeing the door open, but had not committed any offence.
) GUILTY .— DEATH . Aged 25.
Before Mr. Justice Park.
319. JOHN WAY was indicted for that he on the 25th of December, at St. Mary, Lambeth, in and upon Robert Dod Hathway unlawfully, maliciously, and feloniously did make an assault, and him the said Robert Dod Hathway unlawfully, maliciously, and feloniously did cut and wound in and upon the head, face, and left hand of him the said Robert Dod Hathway, with intent, in so doing, feloniously, wilfully, and of his malice aforethought to kill and murder him.—2nd COUNT, stating his intent to be to maim and disable him.—3rd COUNT, to do him some grievous bodily harm.
MR. CLARKSON conducted the Prosecution.
ROBERT DOD HATHWAY . I keep a green-grocer's shop, at No. 26, Mason-street, Westminster-bridge-road. I have known the prisoner about four months—I have had no quarrel with him, but I certainly forbade him my house as I saw him idling about my premises in a way I did not like—that was more than three months before this—I was at home at half-past eight o'clock on the 25th of December, and the prisoner came into my shop and asked for a pennyworth of apples—I am sure it was him—I turned round to put my hand in to take some apples out of a sieve which was on my right, when I received a violent blow at the back part of my head—I did not fall—it stunned me—it confused my senses and took my sight away—I received several more blows—three cuts in the head, besides this blow on the left eye—I did not fall from the blows at all—I put up my hand to save my head, and had my middle-finger broken and cut very much by a blow—I think it is impossible the blows could have been so heavy if given with a fist—I had this hat on when I received the first blow (producing it)—it is cut at the back—before that evening it was perfectly sound—my hat was knocked off by the first blow—I was not able to call for assistance—after I came to myself I called—I do not know what became of the prisoner—it must have been half an hour before I was able to call for assistance—after receiving the blows I ran into the back, parlour and threw myself into a chair—I called for a policeman when I recovered and May ultimately came to my assistance—I have been forced to keep my bed till within the last four days.
Cross-examined by MR. JONES. Q. Do you happen to know at what time the prisoner was taken into custody? A. No—I was nearly insensible at the time—it was about half-past eight o'clock when the prisoner came into my shop—I had not my back to him when he came in—I was facing him—I did not perceive any thing in his hand—I did not look for it—I did not notice his hands at all—my wife was not in the house—she had gone out on business—as soon as I received the blow it confused my head and eyesight, so that I was not able to see the person—I am certain I looked at him when he came in, and saw who it was—I have never, said I did not look at the person—I said I did not look at his hands—I never said I did not take particular notice of the party so as to be able, say who it was—I never said any such thing to any body—I merely looked at him as I might at another person coming into the shop—I had a candle
and a lamp in the shop, in the front of the window—the candle was on a shelf, and the lamp hung up—there was nobody in the shop—it is in a public street.
Q. Do you know that the prisoner is bar-man, or pot-boy to a publican? A. I know he used to bring out beer at dinner-time and supper-time—I do not know that I ever saw him in the house—I believe my wife is not here—we are living together—she may be about ten years or so younger than myself—I forbade the prisoner to be about my house.
Q. Was that on account of your wife? A. I do not know—never saw any improper liberties between my wife and that man—it was in some measure on her account that I forbad him to come on my premises.
COURT.Q. You desired him not to come to the house on account of some insinuations? A. Yes.
MR. JONES.Q. Have you ever said you would have him some day or other; if you could not in one way you would in another? A. Never—I never threatened any thing of the kind.
MR. CLARKSON.Q. You had reason to be dissatisfied with what you saw as regarded your wife? A. I saw him loitering about the place, and forbad him coming—that must be full three months ago—the fact it, be brought my wife home very much intoxicated indeed, and in consequence of that I forbad him my house—I had no other reason at all—I had give him no other offence whatever—I cannot undertake to say the prisoners is the man from whom I received the first blow, because my back was towards him, but there was nobody in the shop but him.
A JUROR.Q. I should like to know whether there was time for another person to come in and strike you? A. I should not think there could be, for it was instantaneously done—I think nobody could have come in with-out my knowing it.
COURT. Q. Had you had any quarrel or misunderstanding with any body else? A. No; nor with him, except forbidding him the house—I lost nothing from the shop.
GEORGE MAY (police-constable L 139.)I was in the neighbourhood of Mason-street, Westminster-bridge-road, on the night of Christmas-day—about half-past nine o'clock I was at the back of the prosecutor's Premises, and heard him groaning—I was going to look at an empty house—I went and looked at the back door of the empty house, came back, and heard somebody singing out, "George," in a low tone of voice—I listened, and heard the same tone again—I said, "Is any thing the matter?"—(I was at the back door of the prosecutor's premises)—the same voice said, "Come in, come in"—I have spoken to the prosecutor before that—I have been on night duty on that beat about seven months—I went in directly, and found him in a most dreadful state—he was sitting in a chair in his little back parlour, with three large wounds on the top of his head, one at the back, and one at each side—they were large gashes in the head, that I could lay my little finger in—he had a cut on his eye, and his hand bled profusely—I did not know at that time which finger it was—the room was all over blood—the lights in the shop were out, but there was a light in the parlour—the prosecutor gave an account of the person by whom he had been attacked—in consequence of which I went and took the prisoner into custody, about an hour and a half afterwards, at the Sun public-house, Mason-street, which is about six doors from the prosecutor's—I had looked for him elsewhere and had been in that house before for him, but he was not there at the time—I did not tell him what I took him for—I put my hand on his
shoulder, and told him I wanted him, he was my prisoner, and must go with me—as I came out of the house with him, he said, "I know nothing about it at all"—I said, "How do you know what I want you for?"—he said, "Oh, I have heard all about it in here"—nothing more passed—he appeared to be sober—I afterwards took him to Union Hall—I was present at the time he was under examination, and saw Mr. Wedgwood the Magistrate sign his name to the depositions alter they were taken—I also saw the prisoner put his name to it—I heard him make a statement before he did so—I saw it taken down in writing, and heard it read over to him before he signed it—I saw it signed, but I cannot say this is his signature, as I was a good way off—I saw him write, but did not see what he wrote—I consider that he signed his name, as he was called for that purpose.
Cross-examined. Q. Did you tell the Magistrate all you have told today? A. I was not asked so many questions—I told the Magistrate as I have told here—if the clerk has not put it down, it is not my fault—the prisoner did not tell me he had been told the officers were after him—I do not recollect any thing of the kind—all he told me was, he had heard all about it in the public-house—he said somebody had been looking after him, and he said, in going along, that he had been waiting there for the parties to come, because he knew nothing at all about it.
COURT. Q. Did you look at the wounds on the prosecutor's head? A. I did, the skin was broken in three places on the top of the head—and had to be sewn up by the doctor.
(MR. JONES contended that there was no proof the prisoner enter it ined any malicious feelings towards the prosecutor, and that it was evidem the prosecutor had no friendly feelings towards the prisoner, from which circum-stance he might be led to conclude that the prisoner's was the hand which in flicted the injury, but of which there was not sufficient proof; and that the prisoner's remaining in the way, after knowing the officers were in search of him, was a proof of his innocence,)
GUILTY on 3rd COUNT .— DEATH Aged 23.
Before Mr. Recorder.
320. THOMAS GODDARD and MARTIN KNOLAN were indicted for a burglary in the dwelling-house of William Sewell, about the hour of four in the night of the 22nd of December, at West Ham, with intent to steal, and stealing therein, 3 coats, value 5l.; 2 cloaks, value 6l.; 1 jacket, value 5s.; 2 pair of trowsers, value 30s.; 2 hats, value 15s. 1 pair. of boots, value 5s.; 2 table-cloths, value 2l.; 3 handkerchiefs, value 6l.; 1 shaw', value 3s.; I pair of sugar-tongs, value 10s.; 4 spoons, value 11s.; 1 mustard-pot, value 3s.; 2 cruet-tops, value 3s.; I cruet-stand, value 1l.; 1 liquor bottle-stand, value 1l.; 2 candlesticks, value 10s.; 1 pair of snuffers, value 2s.; I snuffer-tray, value 3s.; I knife, value 5s.; and 1 seal, value 6d.; his goods: and ADAM LANGTON was indicted for feloniously receiving 3 spoons, part of the above goods, well knowing the same to have been stolen; against the Statute, &c.
WILLIAM SEWELL . I am a brewer, and live at Plaistow, in the parish of west Ham, Essex; it is my dwelling-house—I have no partner, on the morning of the 23rd of December I was called up by a servant who is not here, at a little after seven o'clock—I went down stairs, and observed the place in great confusion—the closet door in the back parlour forced and several I glasses, decanters of wine, cruets, and some cake on the table which had all been taken out of the cupboard—the cruets and liquor bottles were out of the frames, and the frames were missing—I saw the shutter of
the cellar window had been forced open, and alto the sash of the same window—a pane of glass was broken in it, and two bolts were drawn back—it is a small frame not more than eighteen inches wide, I think—the outside shutter had been forced—it appeared to have been cut with a chisel or knife—I was in the habit of keeping the kitchen and cellar door bolted at night—the parties had passed through the cellar and kitchen—the kitchen door is an inner door—it had been forced—it appeared to have been cut in the same way, and there were the marks of a blunt instrument as if it had been prised open—I missed a great many things out of the house—I found a knife, and a boy's cap in the house—the cap was on the side-board—they had been left behind—they did not belong to any body in the house—on Wednesday the 28th, five days after the robbery I saw the prisoners Goddard and Knolan in Clerkenwell prison, and observed on Goddard's feet my second son's boots—he was living in my house at the time—and on Knolan's head I found my third son's hat—the mustard-pot had a silver top—I saw it on the 27th at a pawnbroker's in Shadwell—I saw 2 salt-spoons produced at the office by Joseph Collins, and a mustard spoon—I saw 8 screw nuts, produced by Andrews on Tuesday evening the 27th—that was the same number that were on my two cruet-stands, and they corresponded in appearance with what I lost—Andrews also produced a metal seal—I recollect my daughter having one—it appeared to be the same—the initials on the salt-spoons are nearly rubbed out and defaced, but I know them—I have a fourth spoon, which was left behind, to compare with them—I can still trace some part of the initials.
Cross-examined by MR. DOANE.Q. The marks of violence on the shutter appeared to be made from the outside, not from the inside? A. Yes, outside—the inside is lined with iron—I had not seen the premises safe the previous night myself—my man is here who did—I have no doubt as to the identity of the property—my man was up first, but he sleeps in an out-house—the servant had opened the shutters when I came down.
CHARLES PERRIN . I am servant to Mr. Sewell. I got up on the morning of the 23rd of December, between five and six o'clock—it was between light and dark—it was light enough to see the features of a man by the moon-light, but not by the day-light—I found the garden-gate open—I went to the stable, and found a bundle of wet clothes under a brick wall, covered with a door-mat—they had been taken from the laundry—I found the cellar window and the shutters open, and I heard the maidservant on the stairs at near seven o'clock—master hat given a correct account of the state of the window and shutter.
JAMES HENRY ANDREWS (police-constable K 104.) On Sunday, the 25th of December, I was called up Twine-court, Shadwell, by the complaint of the loss of a bundle—I went into a house there, and found Goddard and Knolan there by the fire—directly I went in Knolan made his escape out at the door—Goddard had got a new suit of clothes on—a waistcoat, and a pair of trowsers, and boots nearly new—I asked where he got the booths, he said he bought them in Petticoat-lane, for 4s. 6d., about three weeks before—I starched his pockets, and found on him 8d. in copper, a silver bodkin, eight plated nuts, a seal, and a handkerchief—I asked where he got the nuts, he said he picked them up on the wooden bridge at shadwell—I took him to the station-house, and returned to the house about an hour after—after making some inquiry at his father's, I took Knolan (who had returned there)—he had got on a new suit of clothes, waistcoat, and
towers, a pair of shoes, and handkerchief not hemmed—I found 5s., and 11/2d. in copper, and a knife on him—he had a new hat on with the lining torn out—I asked where he got the hat—he made no answer—he said he had bought the handkerchief—I asked him where, but he would not tell me—after some inquiry, I charged the prisoner with stealing the things I found on them, and they were sent to Clerkenwell—I had not then heard of this robbery—I went to Mr. Sewell on the Tuesday, and took him to Clerkenwell on Wednesday, the 28th—he there claimed the hat on Knowlan's head, and the boots on Goddard's feet—when Goddard was taken to the station-house he had a hat on, and I took him down to Green-bank with it on, but somehow or other he got it changed for a cap.
HENRY THOMAS DALLEY (police sergeant K 23.)I recollect Andrews going to Goddard's father to make inquiry—while he was gone I asked Goddard where he got the boots from—I held out no inducement or threat to him to tell me—he said his father had given him a pair, which he had changed away for those he had on, and given 1s. to boot—he said that was about three weeks before—I understood him to mean, his father had given him the boots three weeks before—I asked if he knew what the nuts were, and where he got them—he said he did not know what they were, but he found them on the Thursday morning near the wooden bridge—he said he had bought the seal for 7d. in the Blackfriars-road, of a boy he used to work with, and the silver bodkin he found among some copper dust.
Cross-examined by MR. DOANE. Q. How came you to ask these questions? A. Because he was brought in on suspicion of stealing—I thought it my duty to question him how he got them before I could detain him on suspicion, as he was not detained on any robbery.
JOHN LIPTROTT . I am shopman to Mr. Hawes, a pawnbroker, at shadwell. On Saturday, the 24th of December, a mustard-pot was brought in, between nine and ten o'clock in the evening, by a person who I believe was the prisoner Goddard, but I saw him for a very short time—he had on a beaver hat, a fustian jacket, a white shirt, and I believe this red handkerchief, which the offer has produced, was round his neck—I believe this hat produced by Clark to be the one, from noticing the narrowness of the brim at the time he came—(the prisoner Goddard was here directed to put the hat on)—the appearance corresponds—it went on rather tight at the time—I asked him who he brought the mustard-pot from, he said from his father—I had that day seen a bill with an account of the burglary—it was Christmas-eve—the shop was every full—I had suspicious, but did not stop him—I took the bill with the mustard-pot to the bottom of the shop, where master was, and stated my suspicion to him, and when I returned the prisoner was gone—I had not taken in the pledge.
Cross-examined by MR. DOANE. Q. There were a great many persons in the shop? A. Yes—I described the hat the prisoner had on from the narrowness of the brim—I did not say the hat the person had on fitted tighter than the one Goddard just now put on—I think the hat might have been put on a great deal more than he put it down—I saw him press it down, but I do not mean in the manner he did it—it was further on than it is now—his putting the hat on enables me to recollect him better—it would go on further than it does now (here the witness himself placed the hat on Goddard's head)—it is now on in a different manner to what it was before.
JURY. Q. Was the impression on your mind that the hat at that particular
time would go furtheron on, that day? A. No—but it is put on in a different manner now than when the prisoner put it on.
MR. SEWELL. I think the witness is mistaken, for that is the hat I saw on Knowlan's head.
MR. DOANE to LIPTROTT. Q. Now, about the handkerchief, is that the one he had on? A. I do not swear that it is—it is my belief it is the same that was round his neck—he had one similar to this, or this.
Q. These are the circumstances which enable you, to the best of your belief, to say it was the prisoner? A. Yes, and from his having on a fustian jacket—that is not an uncommon thing—he had also a white shirt—he had the mustard-pot in his hand, partly concealed by his arm, and suspecting him, 1 noticed him more than I otherwise should have done.
COURT. Q. You asked him some questions, and owing to the way he carried the mustard-pot, your attention was directed to him? A. Yes.
JOSEPH COLLINS . I am in the employ of Mr. Williams, a pawnbroker in High-street, Stepney. I produce two silver salt-spoons, and a silver mustard-spoon, pawned on the 29th of November, between three and four o'clock in the afternoon, by a woman named Ruth Langton, in the name of Langton—they were in the same state as they are now—my attention was not called to the initials on the spoons—I find on one of them mart that is not entirely defaced.
Cross-examined by MR. PHILLIPS. Q. Did not the woman come afterwards to take the spoons out? A. Yes—I said so at the police-office—I did not tell her I would not give them to her for they were stolen—I did not give them to her—Mr. Williams told her they were stolen—I believe the prisoner Langton came afterwards to the shop to know why they were detained—but they were not given to him—I saw the policeman in the shop—there is no one with them.
THOMAS SHELSWELL . I am a constable of Lambeth-street Policeoffice. On Saturday the 31st of December, the prisoner Langton came to the office of his own accord, and stated that he was afraid he had got himself into trouble, or was likely to get into trouble on account of some silver spoons he had purchased of a man dressed in a brown coat, about thirty-two or thirty-three years of age—he stated hat he asked him at the time he offered him the spoons, the particulars whether they were his won and the party seemed very much offended at the question, and stated that he had a bill to make up, and was ashamed to go to a pawnbroker's with the articles to pawn them—that the man asked him 8s. for them, which he refused to give, but gave him 7s. for them, and a half-crown for a set of fire-irons—I asked him where the spoons were—he said, "At Mr. William's, the pawnbroker's"—1 said he bad better go with me to Williams's and I would make inquiry into it—on the way to Williams's, the prison's house being on the road, I called there and saw his wife, and in conesquence of what she said, I understood a policeman had gone to tell williams to come to the police-office—I told the prisoner then we night as well go to the police-office at once—he said he was quite willing to go before a Magistrate to clear the point up—I went with him as far as the police-office, and gave the statement I have now done here—I stated there that he had come to me for advice—he was not aware that the officer had gone to the pawnbroker's till I went with him to his wife—I learnt in the mean time that Andrews was gone to the pawnbroker's—Langton brought some fire-irons, and I told him he had better take them down with him, and they were taken down—I produce a cap, a shoe, and a knife—I received
the cap and shoe from Mr. Sewell—either of the prisoners could wear the cap, being torn at the back—it would fit either of their heads—at the Thames Police-office we were directed to take Goddard and Knowlan outside, and fit the shoes to their feet, and we fitted them to both their feet—either of them could get them on and wear them, but they fit Knowlan properly, they are too long for Goddard—I received a pair from Mr. Sewell at first, but detained one, and sent the other to be tried, respecting another burglary.
Cross-examined by MR. PHILLIPS. Q. I believe Langton knew you to be an officer? A. Yes, and came to ask my advice—when I told him he ought to come to the office, as he authorised the wife to pawn them, he said, "Yes, I am the responsible person, certainly," and he went with me—I forgot to state that—he is a broker, and lives in Silver-street, Stepney.
Knowlan. The shoes will not fit me, they are half an inch too long, and my shoes will not fit Goddard at all, they are too short for him.
(Knowlan here put one of the shoes on,)
GEORGE WHITE . I am servant to Mr. Liggins, of Plaistow. On the 23rd of December, about six o'clock in the morning, I found this pair of shoes against the palisades of Mr. Liggins's, about fifty yards from Mr. Sewell's—they were in the road.
THOMAS CLARK . I am schoolmaster in the New Prison, Clerkenwell—I produce a hat and a pair of boots which were taken from the prisoners on the 28th of December—the boots from Goddard, and the hat from knowlan.
Knowlan. The gentleman has seen me with the hat before—I have had it two months. Witness. I had seen him a month previous with a hat similar to this in shape, and with respect to the newness of it, but I did not examine it—it was a similar shape.
WILLIAM SEWELL re-examined. I know this hat, I have not the least doubt of it being my third son's—it has been knocked about very much—it does not fit Knowlan, it stands on the top of his head—(the hat was here tried on)—I believe it to be my son's hat—it was his best hat—one part of the lining is not torn out—my son is not here—I believe this seal to be my daughter's, we have missed it from that time—these nuts fit the bottoms of my castors—the mustard-pot is mine—I know nothing of the handkerchief—these boots are my son's, I know them by a second row of holes made to draw them in more, as they were made too large—I have compared the two salt-spoons with the one left behind, the same initials were on them—the marks of two are not quite taken out.
Knowlan's Defence. The hat is mine—I have had it about two months. (MR. DOANE, on behalf of Goddard, urged that though part of the property was found on him, there was no proof of his having been seen near the prosecutor's house.)
GODDARD— GUILTY . Aged 17. DEATH
KNOWLAN— GUILTY . Aged 17. DEATH
LANGTON— NOT GUILTY .
END OF CAPITAL CONVICTIONS.
LONDON AND MIDDLESEX LARCENIES.
OLD COURT.—Monday, January 2nd, 1837.
First Jury, before Mr. Recorder.
GUILTY .— Fined Fifty Pounds.
RICHARD COLLOPY . I am a tailor, and live in Charles street, Oxford-street—I formerly lived in Chapel-street west, May-fair. The prisoner came to me there, on the 22nd of September, to purchase an old pair of trowsers and an old coat—he was going about as an old-clothesman—he paid about 10s. for them—he took up a coat off the cutting-board, which belonged to a customer, and asked if it was for' sale—I said, "No," and he laid it down again on the top of some other coats—while he was in the shop my back was rather towards him, so that I could not exactly see the coat—I was behind my cutting-board, which is about forty-eight inches wide—there was a variety of things on the board, and the coat laid on the top of them—directly the prisoner was gone I missed that coat—it was a rifle-green, with a black velvet collar and gambroon buttons—I have never seen it since—nobody had been in the shop but the prisoner before I missed it—there were two workmen and an apprentice-boy there—the prisoner said he was in the habit of coming by my door every day, but I never saw him—about two months after I met him in Parliament-street—I asked him if he had ever been in my shop before, and told him he had stolen a coat from me—he said he had never been in my shop, nor ever seen me before—he then ran off into St. James's Park, and was stopped by a soldier there, as I called "Stop thief"—before he ran away, he observed he did recollect me, and recollected purchasing the old trowsers and coat that for 10s—and I then charged him with stealing the coat.
Prisoner. When I came by his place, he called me in, and I bought the things of him, and paid for them—I called a few days after, and he had gone away and not paid his rent, as the neighbours informed me. Witness I was there six or eight weeks after, and he never called—I have paid my rent there—I did not tell him if he would give me anything I would not give him into custody—he had a bag with him the day he called.
Prisoner. At Queen-square, he said there were six or seven men on the board at work, and they had their backs towards me, and so he had himself—I paid for the coat and trowsers and went about my business.
Witness. I had not six or seven men working in the shop—I had no more than I have mentioned—the coat was lying about a yard from the door and about two yards to the left of the articles he had purchased—he took it up, laid it down again, spread the old coat over it, and must have moved the whole into his bag altogether—I know no other way in which he could have done it—I did not see him do so.
NEWLAND EDWIN . (police-constable A 27.)On the morning of the 9th of December, I was in Great Queen-street, near St. James's park, and heard a cry of "Police," I went and took the prisoner into custody in Dartmouth-street—the prosecutor said in his hearing, that he had taken a
coat from his shop two months previous—the prisoner said nothing—he was very willing to go with me.
JOSEPH THRING . I am a tailor, and live in King-street, St. James's. On the 22nd of September, I was at work for the prosecutor, in his shop—I remember the prisoner coming to buy some clothes'—several articles were lying on the counter—I saw him with the rifle-green coat In his hand two or three times—I do not know whether he was told it was for sale or not—the coat was missed the minute after he left—no body else had come into the shop before it was missed—it had been about a yard and a half or two yards from the door—the prisoner was rather behind Me, and might have taken it without my seeing him—the apprentice sat behind me—there was another man sitting on my left further from the prisoner—I made diligent search for the coat, and I am certain it was not among the others—I had seen it in the prisoner's hand.
Prisoner. There were five or six men on the board. Witness. No, there was not—I believe one of the young men spoke to you about a hat Which you said you had bought—I could not see what you put into your bag—I was not looking at you when you went out.
COURT. Q. Did any of the persons on the shop-board get off, from the time the prisoner we at out till the coat was missed? A. No, neither of them could have removed it—I was sitting nearer to it than any body—my master missed it first.
Prisoner's Defence. The prosecutor swears very falsely—he met me right opposite the Horse-Guards, and accused me of it—I asked him if he was joking, and said, "Do you mean to accuse me of steering the coat?" he said, "I do not accuse you of stealing it, but there was nobody in the place but you"—I said, "Did you see me steel it" he said, "No, but there was nobody to steal it but you." I know nothing about it—I stopped in the shop a few minutes after putting the things into the bag—at Queen-square he said he missed it about a quarter of an hour after.
Prisoner to RICHARD GOLLOPY. Q. How long was I in your shop alto-gether? A. I should consider perhaps five or ten minutes was the outside—when I met you you said you never saw me nor my shop before—nobody opened the shop door between the prisoner's going and my missing the coat—it was impossible for any one to creep in and take it—the door was shut while he was there.
JURY. Q. Might not the door be opened and you not know it? A. No it was on my right-hand side.
GEORGE THATCHER , (police-sergeant, B 17.)I produce a certificate of the prisoner's former conviction, which I got from the Clerk of the Peace for Westminster—(read)—I was present on the 1st of January, 1835, when the prisoner was tried and convicted—he is the person.
GUILTY . Aged 36.— Transported for seven Years.
323. RICHARD HOGG , was indicted for stealing, on the 22nd of November, 5 guard-chains, value 32l., the goods of Henry John Frodsham and another, his masters.—2nd COUNT, stating them to be the goods of Thomas Dugard and others.
MR. CLARKSON conducted the Prosecution.
Frodsham, in Gracechurch-street. The prisoner was in our service for a year and a half—we received some gold chains from Dugard and Son' of Clerkenwell—on the 22nd of November, I delivered to the prisoner five gold chains to be returned to Dugard and Sons, and I did not see him again till he was in custody—they had been sent to us on approbation—I believe the prisoner has occasionally been with us since 1826—my father has known him about twenty-five years, he was a schoolmaster, and I was educated under him, but he was much reduced in circumstances, and my father took him into his employ—he has frequently been entrusted with considerable property.
JAMES PHILLIPS . I am apprenticed to the prosecutor. On the 23rd of November, between eight and nine o'clock in the morning, I saw the prisoner in the shop in St. Bennett's place, and also in the shop in Grace-church-street—he asked me if I had seen any thing of a brown paper parcel containing some chains, I said, "No I had not," he said, he was afraid he had lost the chains—I told him to go to Mr. Frodsham, and ask him if he had seen any thing of them—I do not know whether he went—Carter the shopman came in just as our conversation ended—the prisoner went out shortly after, and I did not see him again.
ROBERT COCKS . I am shopman to Farrant and Co., pawnbrokers in Blackfriars road. I have known the prisoner seven or eight years—on the 23rd of November, he came about eleven or twelve o'clock in the morning, and pledged a gold guard-chain for 4l.—having known him as long, I did not ask his name, but put down the name of Holmes, which name I had known him by for seven years—our trade publishes a list of things lost, and master seeing one of them gave information to the prosecution.
HENRY ROE . I am in the service of Mr. Attenborough, a pawnbrokes On the 23rd of November, the prisoner came to our shop, about ten o'clock in the morning, and pawned two gold guard-chains for 7l. 10s., in the name of "Brown," by which name I have known him for five years.
Prisoner. Some years ago I lived with a gentleman who was under the necessity of raising a small sum of money, and I was in the habit of pawnings things at Mr. Attenborough's in his name, and from that period up to the present there was no necessity for me to give any name.
JAMES LOCKYER . I am shopman to Mr. Morrison, a pawnbroker, in Blackfriars-road—I produce a gold guard-chain which was pawned on the 23rd of November for 3l. 10s., in the name of "Richard Hone"—I cannot say that the prisoner is the man, I believe he is, but I will not swear it.
GEORGE KING . I am shopman to George Gray, a pawnbroker, in Fleet-street. On the 23rd of November, between five and six o'clock in the evening, I received a gold watch-guard, pawned for 3l., in the name of "John Williams, 21, Fetter-lane"—I believe the prisoner to be the man.
Prisoner. Q. Have not I frequently been to your house with orders from Messrs. Frodsham's? A. Yes—I have no recollection of your name, but Mr. Frodsham's being attached to them—very likely we might allow you to take goods without any order from them.
Prisoner. I do not know how to advance any thing in extenuation of my guilt—had it not been stated that it would deprive me of receiving evidence
to character, which I really did expect; I should have pleaded guilty, but the solicitor stated that there was no probability of my trial coming on to-day, and I fear that is the cause of their not being in attendance—I gave information myself where the guard-chains were pawned, in order that they might get them out again, and I was taken.
MR. FRODSHAM re-examined. Q. Did he give you information where he had pawned these things? A. The last four articles he did; but that was after I had found the first—I had seen his son, and spoken to him about them—I got the four through the information he gave.
GUILTY . Aged 50.— Confined Six Months.
CHARLES INMAN . I am an officer of Cripplegate. On the 16th of December I was in Addle-street, between five and six o'clock in the evening—I saw the prisoner with a case of umbrellas on his shoulders, walking at a quick pace—I followed him by the wagon-office, where I thought he might be going in a hurry to book it; and after he got by them, suspecting that he had not come honestly by it I stopped him—he said he Had just found it—I asked him where—he said he did not know, as he was a stranger about London—the direction on the case was "Boyd and Co., skinner-street"—this was a mile, I suppose, from Skinner-street.
ESDRAS STORY . I am a porter to Joseph. Barber, of Galley Quay, Wharfinger. This case came from Ipswich to Galley Quay—I had it in a cart to deliver—I stopped at Leaf and Co.'s in Wood-street to deliver' something there—the case was then in the cart—when I came out again the cart and case were both gone—I can swear this is the same case—I found the cart in Addle-street, about three doors from Leafs, close by where I had lost it—the case was under Mr. Barber's care for the purporse of delivery.
Prisoner's Defence. I was earning along by the side of the Post-office, and found it in one of the back streets, lying in the road.
GUILTY .* Aged 20.— Transported for Seven Years.
FRANCIS EDWARDS . I am a tailor, and live in Newgate-street. On the afternoon of the 20th of December I was in my shop, and saw the prisoner coming down towards the corner of Giltspur-street with great speed—he pulled a coat off" a block at the door, and ran off with it—I ran after him, and saw him put it under his coat—I overtook him, and it was found there—this is it.
(The prisoner pleaded poverty.)
GUILTY . Aged 29.— Confined Three Months.
returning home and met the prisoner in King-street, Snow-hill, she wanted me to treat her to drink, which I refused—she followed me about thirty yards, and then left me suddenly, opposite Hosier-lane—when I got a little further I missed my watch—I went back a little way, and saw her—I met a watchman and gate her into custody—I had won the watch at rafle only that night.
Prisoner. He wanted me to go home with him, and I told him I would have nothing to say to him. Witness. It is not true—I am quite sure I had my watch while she was talking to me—I missed it not a minute after she left—it was in my breeches pocket—she was dose on my right hand side, and followed me asking me for drink.
MICHAEL DOWNEY . I am a watchman of St. Sepulchre. I took the prisoner in John-street, West-street, about a hundred yards from Hosier lane—I saw a watch picked up in John's-court, by the Inspector, on a dust heap—the prisoner was between ten and fifteen yards from there, coming from the heap when I took her—I met her in Fox and Knot-court about a quarter-past one o'clock, and the prosecutor charged her with stealing his watch.
Prisoner. Q. Was I ever near enough to take the watch? A. Yes.
Prisoner's Defence. He must have done it on purpose to give me is charge—I never knew he had a watch.
GUILTY .* Aged 24.— Transported for seven Years.
CHARLES HARFFY . I live in Waterloo-place, High-street, Newington Butts. On the afternoon of the 24th of December, about half-past three o'clock, I stopped to look at a bill in a window in Bishopsgate-street—Walsh called my attention to my pocket—I put my hand into my pocket, and missed my handkerchief—it was shown me by Walsh—I knew it to be mine.
CHARLES WALSH . I am constable of Bread-street, Ward—I was in Bishopsgate-street, at half-past three o'clock, on the 24th of December, and saw the prisoner take this handkerchief from the prosecutor's pocket—I laid hold of him by the collar, and took it out of his hand, and asked the prosecutor if it belonged to him—he said it did.
(Property produced and sworn to.)
(The prisoner put in a petition for a lenient sentence.)
GUILTY. Aged 18.—Recommended to mercy ; Confined, Three Months; Fourteen Days Solitary.
ROBERT GRAHAM . I am residing in Great Winchester-street, City. On the 15th of December I engaged the prisoner to drive me in a cab from Pool's Hotel near London-bridge, to Smithfield-market—he did so—when
I paid him, and left my cloak in the cab—there was no name on the cloak—I have not seen it since.
Prisoner. I picked up a job at the corner of Smithfield, and saw nothing of any cloak.
HENRY MAZEY . I am occasionally employed as porter at Pool a Hotel. In consequence of hearing of the loss of this cloak, I looked after the prisoner, and saw him a few days after on Fish-street-hill—I told him the night he had a job from the corner, a gentleman had left a cloak in the cab, and had offered 2l. reward for it—he asked where the gentleman was—I took him to the hotel, and called the waiter out, and the prisoner said he knew where the cloak was, it was in pawn for 1l., and he could always be found at the New Inn, Tottenham-court-road, as the waiter said the gentleman was out of town.
Prisoner. I could not have been sober, for I do not recollect saying any thing of the sort to him. Witness. I do not think he was quite sober he seemed to have been drinking.
WILLIAM MARSHALL . I am a waiter at Pool's-hotel—I recollect Mazey bringing the prisoner there—he asked me if I knew where the gentleman was who had lost the cloak—I said I believed he was out of town—he said he had the cloak—I asked him where it was—he said he had pawned it for 1l.—I asked him where it was pawned—he said that was best known to himself, and he might be found at the New Inn, Tottenham-court-road—I have not made inquiry there—I believe he was rather intoxicated.
MR. GRAHAM re-examined. I am certain it could not have fallen out of the cab—I had offered to see a lady off by a coach to Hull, which went from Smithfield, and when I got out to inquire about the coach, at the Golden Lion, Smithfield, I recollect unbuckling my cloak, and throwing it aside, being anxious to get the lady's luggage out; and in about five minutes I missed the cloak, and went to inquire for it—the lady was in the cab—I gave the prisoner 2s.—I was anxious to see the lady off, and left my cloak in the cab—when I missed it I went back to Pool's hotel and said, I would give them two sovereigns if they could find it, and when they saw the prisoner to take the number of his cab.
DANIEL MEALY . I am an officer. I apprehended the prisoner at the Custom-house—his back was towards me—I said, "Your name is Luxton?" he turned and said, "It is"—I said, "Drive me to Tower-street"—I got in, and he jumped in after me—he said, "No, I shall not go that way, I shall go this way; I want to see the gentleman"—I had not mentioned my business—he struggled with me for the reins—I got assistance and the cab was led to the station-house—I asked him if he knew where the gentleman's cloak was, he said, no, he knew nothing about him—he was searched at the station-house, but resisted—I have not inquired at the New Inn—his master is Richard Davis.
GUILTY —Aged 24. Transported for Seven Years.
OLD COURT.—Tuesday, January 3rd, 1837.
Second Jury, before Mr. Recorder.
329. WILLIAM PETO was indicted for feloniously forging and uttering, on the 8th of December, a certain order for the delivery of 3 yards of woollen cloth, with intent to defraud George Hitchcock and others.
woollen-drapers on Ludgate-hill. On the afternoon of the 8th of December, the prisoner brought this order to our shop, and left a pattern of cloth which I have here—I have a customer of the name of Foster—the prisoner did not succeed in obtaining the goods, but I gave him into custody immediately—the order requests me to furnish three yards of cloth, the same as the pattern—I have other orders which I have executed, which seem to be in the same hand-writing, both the signature and the body.
Cross-examined by MR. PHILLIPS. Q. Did you know the prisoner before? A. I did not—he did not offer to give a description of a man who had sent him with it—he did not say if he went to a place he could find him—when I came to the Compter with him, he said a person had given him the order at the corner of Farringdon-street—he did not beg the officer to go alone to the place, as his presence in custody might alarm the person.
COURT. Q. Did you understand by the production of the paper and pattern, that you were to supply three yards of woollen cloth? A. I did. and if 1 had had no suspicion, I should have complied with it—it was not from any imperfection in the written paper that I did not comply with it—I thought it was the hand-writing of Mr. Foster's brother—I have executed similar orders to that before, in a similar form to that—I under stood it to be a request for three yards of woollen cloth—the pattern had been obtained from our house some days previously—we knew it to be so.
MR. PHILLIPS. Q. Have you not another person in custody for attempting to get goods? A. I have not—there is a man for obtaining goods from another house, by orders of the same kind.
THOMAS ELLEN . I am in the prosecutor's employ. I remember the prisoner coming and presenting the order—Mr. Peeke asked him his name—he then took the order to the lower end of the shop, and while he was gone I said to the prisoner, "Are you Mr. Foster's man?"—he said, "I am the errand-boy," or errand-boy—I cannot be certain whether the article the was named—he having the appearance of manhood, I thought it singular he should call himself a boy, and I said, "You do not call yourself a boy, do you?" but he made no reply.
Cross-examined. Q. Pray, how long was Mr. Peeke away with the order? A. I should say five minutes, and in that time the prisoner and I were talking—he did not say he was an errand-boy, on my oath—I was examined before the Magistrate—I believe what I said was read over to me, and I signed it (looking at his deposition)—this is my signature.
Q. Did you not say there he said he was an errand-boy? A. I recollect saying to the Magistrate at the time, errand-boy, or an errand-boy—I have just said I cannot say exactly as to the article—if I recollect, at the Justice-room, at Guildhall, I did not recollect the word an being repeated—I see it now, but at the Justice-room the word an was not entered into—I should not think of looking into an article of that kind—he told me he was errand-boy or the errand-boy—he plainly gave me to understand he was Foster's errand-boy—it is impossible to recollect every word a customer lets out of his mouth, but I say it is one and the same thing—I do not recollect that the words an errand-boy were read over to me—he said he was errand-boy, or something of that—from what I recollect he said he was errand-boy.
JOHN BELL . I was foreman to Mr. Foster at the time this transaction took place—I left on the 13th of December—his name is John Gilson Foster, he lives in High-street, Aldgate—I know the prisoner by seeing him in Hitchcock's shop—I was purchasing goods there at the time he came
in—I was at one end of the shop, and did not notice him—this order is not in the hand-writing of any body connected with our firm, nor any body authorized to write orders for us.
Cross-examined. Q. You never saw the prisoner till that morning? A. Never, he is not at all known to our firm.
(MR. PHILLIPS,on the prisoner's behalf, contended that there was no evidence to prove that he was aware of the order being forged.)
JOHN BELL . There were a great many goods between me and the prisoner, which prevented his seeing me—Mr. Peeke brought the order to me, and asked me if there was any body like the prisoner in our employ—I went to the prisoner, and asked him who sent him with the order, and he said the foreman sent him—I said this before the Magistrate.
MR. PHILLIPS. Q. Was your deposition taken down? A. Partly I believe—something was read over to me, but in a hasty manner—I cannot recollect at this moment all that was read over to me—I do not recollect that I was desired to attend to it—I do not know whether I did attend to it—I signed my name to some paper.
COURT. Q. Did you notice that any important omission had been made in your statement, by the clerk who took it down? A. I do not recollect.
JURY. Q. Did you sign a paper without knowing the contents of it? A. I signed it, I knew part of the contents.
COURT. Q. Is this your signature? A. That is my writing—it was read over to me in a great hurry—I do not think I read it myself.
(MR. PHILLIPS here staled that there was nothing in Bell's deposition respecting the prisoner having said he received the order from the foreman.)
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
BENJAMIN PREW . I am a hosier, and live in High-street, Aldgate. The prisoner was in my employ for nearly three months—my servants usually go to dinner between one and two o'clock—on the 15th of December, the prisoner was in the shop at that time—he generally stopped in the shop while the others went to dinner—I was in the parlour, and had a view of the shop—in consequence of something which I saw the prisoner do, I went to him, and said he had been robbing me—he said he had not—I told him I saw him draw the till out, take out some money, and put it into his pocket—his hand was in his pocket a the time—I immediately told him to go to his brother, to tell him to come up—he returned with his brother, who opened his boxes with a key, which the prisoner gave him, and I saw these three silk handkerchiefs which are mine—I had had four of them nearly three years—I have the other in my pocket now—they had been in the window for sale, but they were in the glass case when he took them—I had seen them there within a month—when they were found, I told the prisoner they were mine—he said they were not—I immediately went for the one which belonged to them, and produced it—I told him that was exactly the same pattern, and they were mine—it matched in every way; he said they were made a present to him by a female—in consequence of that observation, and from what I afterwards heard, I caused inquiry to be made of Ann Willis, who is here.
Cross-examined by MR. PHILLIPS. Q. Who was present when you
searched the box? A. His brother—it was about two or three o'clock in the aftertnoon—I gave him into custody about twelve o'clock the same night—I never said the handkerchiefs were not my property—I swear that I never intimated they were not mine.
Q. Why did you not give him into custody when you found them? A. I went during that time to Willis—I asked the prisoner where the female lived who gave him the handkerchiefs, and I found Willis about eleven o'clock—the prisoner gave me her name and address.
MR. CLARKSON.Q. When you returned, did you tell the prisoner what you had heard from Willis? A. I did not—I gave him into custody—I delayed doing so till I had seen Willis.
WILLIAM COLLENDER . I am a constable. I was sent for when the prisoner's boxes were searched—Mr. Prew did not say the handkerchief were not his while I was there—it was very nearly twelve o'clock when I went—two handkerchiefs were taken out of the box in my presence.
SARAH WHITE . I am a laundress, and live in Cannon-street-road The prisoner brought me three silk handkerchiefs to hem in the beginning of December, I believe, but I cannot exactly tell the date—they were separate when he brought them—he afterwards took them away and paid me for hemming them—he said they were not his—I asked him if I should bring them to him—I knew he lived at the prosecutor's, as I washed for him—he said I need not bring them home, as they were not bought at Mr. Prew's, he would call for them.
JOHN LLOYD . I am an evening patrol. On the evening of the 16th of December last I was bringing the prisoner from the compter to the mansion-house—I said nothing to induce him to say any thing—he owned to the fact that the handkerchiefs were in his trunk or box, but he said if he was free his life time again, if he was to go back again to his situation, he would never be guilty of such a thing again, as long as his breath was in his body.
Cross-examined. Q. Did you state your evidence to the attorney for the prosecution? A. I did not—I spoke to Collender the officer—I told him the same that I have stated here to-day—I was not before the Magistrate—I only took the prisoner there for Collender, from the compter—I was at the Mansion-house, but I did not hear the case—I did not tell what I have now.
ANN WILLIS . I know the prisoner and his brother—on the evening of the 15th of December, his brother came to me—I had given the prisoner three silk handkerchiefs—I could not swear to them—I neither marked nor hemmed them—I gave them to him just as I bought them out of the shop, and could not swear to them—(looking at the handkerchiefs) I cannot say they are the same—I bought them somewhere in High-street, Islington—I cannot exactly say where—I did not notice the name—it was on the right-hand side of the way—I bought them about six months ago, and gave them to the prisoner the same day—I cannot say whether these are the handkerchiefs or not—I never said I had not given these handkerchiefs to him—that I swear.
COURT. Q. What was the colour of the handkerchiefs you gave the prisoner? A. They were something like these, but I could not swear they are the same—they are the same colours, and something of the same pattern—they may be the same I gave the prisoner, but I cannot swear to them—I do believe them to be the same, but I could not swear to them—the prisoner was out of a situation at the time—he was living with his
brother over the water, I believe, but I do not know exactly—I met him in Pentonville-road promiscuously, and gave him the handkerchiefs—that was a good bit from the shop where I bought them.
MR. CLARKSON. Q. Did you know on the 16th of December that the prisoner was in custody? A. No, I did not—I knew it when his brother told me—the handkerchiefs I gave him were all alike, and all in one piece—I did not go before the Magistrate—I was not required to do so by the prisoner.
COURT. Q. What did you give for the handkerchiefs? A. 5s. 6d. a piece—I bought them of a man—I do not know that I had ever been in the shop before—I have not been there since that I know of—I bought the handkerchiefs to give the prisoner as a present—I did not make any appointment to meet him to give them to him—we met promiscuously—he was living at his brother's then, I do not know where exactly—I do not think it was in my neighbourhood.
JURY. Q. When you say the shop was on the right hand side, do you mean the side the church is on? A. On the right-hand side from Islington church, going towards Pentonville-road.
MR. CLARKSON. Q. Do you know the prisoner's attorney? A. Yes—I have not seen him on this subject.
WILLIAM TAYLOR (called by desire of MR. PHILLIPS.) I am the prisoner's brother. I was present at the time the boxes were opened—my brother took the key and put it into the lock himself—I opened the box—when the handkerchiefs were found, the prosecutor took them, undoubled them, and looked at them one after the other—he then laid them down, and said, "I can't swear to them; there are many handkerchiefs alike, and of the same pattern," and he laid them down, saying, "Therefore I can't swear to them"—I went to Ann Willis the same evening to make inquiry feeling uneasy that my brother should be accused of robbery.
MR. CLARKSON.Q. Will you be so good as to tell us where you live, and what you are? A. I live at No. 1, White-street, Bethnal-green-road, and am an undertaker—I have not been there long—I have a shop there—I have lived with respectable butchers in Leadenhall-market ten years.
MR. PHILLIPS called
JANE TAYLOR . The prisoner is my brother-in-law—I know Ann Willis—I remember the prisoner bringing three handkerchiefs to me, saying they had been given to him by Ann Willis—that was either the latter end of June or the beginning of July—I know he has received many little trifling presents—he asked me to hem the handkerchiefs for him, and I did hem them—I have no doubt at all that these are the handkerchiefs.
GUILTY . Aged 24.— Transported for Seven Years.
Third Jury, before Mr. Recorder.
DAWSON POULTER . I am servant to Thomas Carr and others, woolen drapers, 15, Warwick-street, Golden-square. On the 3rd of December the prisoner came to our shop about ten o'clock in the morning, and brought this order—(reads)—"Gentlemen, please to send by the bearer 2 1/2 yds. of rifle-green Harrington, for J. G. Foster"—we have a customer named Foster, of Aldgate—I gave the paper to Richard Ward, the clerk, after executing the order—I gave him 2 1/2 yds. of Harrington—it is a kind
of cloth which gentlemen wear very much—I delivered the cloth to the prisoner, and he took it away with him—I have been in the habit of executting genuine orders like this, without their being addressed to cur house—it is not addressed to any person.
Prisoner. Q. Where were you when I gave you the order? A. I was in the shop, at the desk—I fetched the cloth from the top of the shop—the clerk never had the order in his possession till after I had executed it; I cannot say how many times I have served you before for Mr. Foster, but to the best of my knowledge I have seen you several times in our shop—I do not recollect serving you with 2 1/2 yds. of Harrington before—I do not know that you gave any name.
Prisoner. I worked for Mr. Foster six or nine months, but never went to this shop but once—I took an order for the cloth—I was remanded two or three times, but they could not produce the order fur the Harrington which Mr. Foster had received—I fetched that, and took it to Mr. Foster, and they cannot find that order—it is very probable the one they have produced here may be the one I took then—I was at work at Mr. Foster's at the time they say I brought this order, and Mr. Foster's books will prove it—I was not in their shop at the time. Witness. I am positive he is the mar who brought the order, and I executed it with my own hands—I stated that before Sir Chapman Marshall at Guildhall, and it ought to have been put down in my deposition.
RICHARD WARD . I am clerk to Messrs. Carr. I saw the prisoner at our shop on the 3rd of December—I did not observe whether he brought any thing with him—this order was given to me up at the desk—it is the only one we had—it has been in my possession ever since it was delivered to me—it has been filed—I took it off the file after the first day it was brought, and kept it in a drawer—I took it before the Magistrate, and brought it back—I did not give the prisoner a bill of parcels of the goods—I made out an invoice, and gave it to Poulter—I saw him deliver the cloth to the prisoner—I signed my name before the Magistrate—this is my handwriting—(looking at his deposition) I stated before the Magistrate that the other witness executed the order—not that I did.
Q. How came you to sign your name as if you had executed it yourself; look at your deposition, you have put your name to that as if you handed him the bill of parcels, and gave him the cloth? A. I did not give him the property—I do not know how I came to sign my name to this—it was read over to me—I did not hear that particular word used—I could not say I gave it to him, because I did not—(deposition read)—"Robert Ward says I know the prisoner to be the person who brought the order on Saturday, the 3rd of December, for a cut of Harrington—the order was brought to me, and I gave the property to the prisoner, with a bill of parcels, in the name of Foster."
Prisoner. They do not know what they swear—it is all false I had three or four examinations before the Alderman would commit me—Mr. Foster's books will prove I was at work at the time, and they cannot produce the other order. Witness. There is no other order for two yards and a half—I have several orders in my pocket for two yards—they are all genuine orders—I cannot say who brought them—some of them are without dates—I am certain I saw the prisoner come into the shop on the 3rd of December, and this order was given up to me at the desk—it was on Saturday, and I think inquiry was made on Monday or Tuesday—I do not recollect having soon the prisoner there before, but I am sure he is the man who came that day.
Prisoner. Q. Where was the last witness When I gave him the order? A. I cannot exactly say, but he was in the shop—there are several young men; when they see a customer come in, the first at liberty goes up to serve him—I cannot recollect that I saw you come in—I recollect seeing you in the shop—I did not see you give the order.
JAMES GILSON FOSTER . I am a tailor, and live in High-street, Aldgate. This request is not my writing, nor was it written by any body authorized to write in my name—the prisoner was backwards and forwards in ray employ as journeyman about the 3rd of December—he had no work out on the 3rd of December—he had absented himself a few days before that from my shop altogether—he had an opportunity of seeing me make out my orders—the nearest resemblance to this writing in our house is my brother's, but it is not his, I am quite satisfied—he was examined at Guildhall—it is not like his writing, but more like it than any other—the prisoner has taken orders to Carr's two or three times for me, but I never sent him for this length of article, nor any body in my employ.
Prisoner. Mr. Bell swore at the office he had sent me for two yards and a half. Witness. The other orders produced are my clerk's hand-writing, whose name is Brown—he had authority to write for me, but the order in question is not his writing—the prisoner was apprehended on the Monday morning, before he was up, at his own house.
Prisoner. Q. Had not I been in your shop since the order was produced, before I was apprehended? A. I never saw you there—he had had a garment out, and a circumstance connected with that excited my suspicion—I sent for him to come to the shop, but never ecould get him there—he did not come on the Saturday to receive his money—he sent his mother-in-law, and then his wife—I tried various ways to get him into the shop, but could not—I sent him a job to do, and while he was doing it I lad him taken—I was aware the forged order had been uttered before I took him—in consequence of what I heard I went to Can's to inquire—there was wages due to him on the Wednesday evening, and he did not come even to receive them.
Prisoner. Q. Pray, how came you to think it was me that forged the order? A. From the description given of the person, by both the witnesses—I went round to all my tradesmen to caution them—from the description given me, and from his absenting himself while the other prisoner was in custody, I suspected him—I never sent an order for two yard and a half—I believe I once wrote for two yards and three-eighths.
DAWSON POULTER re-examined. I did not hear Ward say he suspected the order was forged at the time he was in the shop—I am positive the prisoner is the man, from my recollection of his person, hit features, and every thing—I did not know him before the 3rd of December, not to swear to him—I swear he is the man who gave me the order—I was shown him at the Mansion House, and pointed him out—when he came for the goods he brought an old pattern-card back, and had a new one for it.
Prisoner's Defence. I was at home at ten o'clock, the time they say I was at the shop.
JOHN BELL examined by the prisoner. Q. Do you recollect whether it was two yards or two yards and a half of rifle-green you gave mean order for? A. I never recollect sending you for that length—we never used
that length at all—I said at the office I recollected sending you for length but not for that length.
Q. Do you recollect Ward saying he had a very strong idea at the time I was in the shop, with the cloth under my arm, that it was a forged order? A. I almost think you are right in that—I think I have sent you for a length of that stuff before—it must have been about a month previous—it most have been for two yards or two yards and one-eighth—two yards and a half is an unusual length—we make frock-coats of it, and two yards and a half is more than we want—the name is generally put on the order.
COURT. Q. Have you any knowledge of the hand-writing of that order? A. I have no recollection of the hand-writing—it mostly imitates Mr. Foster's brother's, but it is not his—his brother occasionally wrote for him, but very seldom—I do not recollect whether Poulter said before the Magistrate that he served the prisoner with the cloth or not, or whether Ward said so—I do not think I was there at the time.
Q. Why you were there, when Ward said he suspected it was forged, when the man had it under his arm? A. That was after the case I was on, but I think I heard him say that to the Magistrate—he stated it as part of his testimony.
NOT GUILTY .
EDMUND CHARLES LONG . I am a farmer's bailiff, and live near Rochford, in Essex. On the 20th of December I was in Newgate-street about half-past six o'clock in the evening, in company with a friend—somebody spoke to me—I felt my pocket, and missed my handkerchief—the prisoner was pointed out to me—I collared him, and charged him with stealing my handkerchief—he immediately drew it from his coat pocket and threw it between the rails of Christ's hospital, where it laid till the policeman came up, into whose bands I gave him—the officer picked it up in my presence.
Cross-examined by MR. CLARKSON. Q. It was dark I suppose at half-past six o'clock? A. Yes, there was light from the shops, and street lamps—there were a great many persons passing and re-passing—I was walking arm in arm with my friend—I never quitted my hold of the prisoner.
EDWARD FIELD HARRIS . I live with my father in Dean-street, Holborn. On the evening of the 20th of December I was in Newgate-street and saw the prisoner cross the road, go behind the gentleman, put his hand into his pocket, and draw the handkerchief out—I did not see the handkerchief, but I saw him put his hand into his own pocket, after taking it from the prosecutor—I was on the other side of the road—I crossed over and pointed him out to the prosecutor, who seized him.
Cross-examined. Q. Did you see the prisoner produce the handkerchief after he was seized? A. I saw him put his hand into his pocket, and throw it through the railing.
(Property produced and sworn to.)
(Edward Tremain, cabinet-maker, Stepney; and Samuel Dorset, weaver, Woolmer-street, Bethnal-green, gave the prisoner a good character.)
GUILTY .* Aged 19.— Transported for Seven Years.
GEORGE LINDSEY . I live in Grosvenor-place, Commercial-road. On Saturday night. the 18th of December, I was in Houndsditch about half-past six o'clock, and felt something pulling at my coat pocket—I turned round and saw the prisoner and another person with him—my handkerchief was gone—I seized the other, and the prisoner ran away—I let the other go then, and ran after the prisoner and collared him—nothing was found on him, he was quite close to the other man.
Prisoner, You said at the Mansion House you saw the handkerchief on the ground, and the other man picked it up. Witness. I taw nothing of the handkerchief at all—I am sure you are the person who ran away.
EDWARD DAVIS . I live in Castle-street, Houndsditch, and am apprentice to Mr. Robertson, of Church-street. I was coming from my house towards Bishopsgate-church, and saw the prisoner put his hand into the prosecutor's pocket, and as I was going to tell the gentleman, he felt his handkerchief gone—I ran with him, and he caught the other—I was running after the prisoner, and he let the other go, and followed with me—the prisoner had dropped the handkerchief when the other man was seized—and when the other got away he took it up and ran away with it—he was taken in St. Mary-axe, and it was there I saw him drop the handkerchief.
WIILIAM RUDGE . I am a constable. I was on duty on Sunday night and heard the cry of "Stop thief—I saw the people running—the prosecutor came up, holding the prisoner by the collar, and I took him into custody in St. Mary-axe, about one hundred and fifty yards from Houndsditch—there was a great mob of people.
Prisoner's Defence. I never was in Houndsditch at all—I was standing there hearing the cry of "Stop thief—the prosecutor did not collar me.
MR. LINDSEY re-examined. He was walking when I collared him—he had run down Camomile-street.
GUILTY . Aged 21.— Transported for Seven Years.
NEW COURT.—Tuesday, January 3rd, 1837.
Fifth Jury, before Mr. Common Sergeant.
MARK PYLE . I live at Great Stanmore. On Wednesday the 6th of December, I had four store-pigs, which were loose on the road in the day, and came home at night usually—if they did not I fetched them—I saw them safe at three o'clock—I did not go to fetch them in that night, as I had occasion to go to London—I saw them at Mr. Hussey's, the Welsh Harp, on the Friday—I am quite sure they were mine.
THOMAS BUTLER . I am a Bow-street patrol. On the 7th of December I met the prisoner, about half-past eleven o'clock, near the five-mile stone, on the Edgware-road—that is the road from Stanmore—he had four pigs—I asked if they were his own, he said they were—I asked him where he brought them from—he said from his brother, whose name was Cole, and lived at the Hyde—I was not satisfied, and turned my horse's head, to apprehend him but he made his escape, and left the pigs—it was near the Welesh Harp, and the pigs turned into that yard—I pursued and took him.
Prisoner. You asked me if I had seen a man with four pigs—I said no, and you wished me a good night—I went on towards home—how far was I off when you took me again? Witness. I should think about fifty sixty yards.
Prisoner. Q. Did I not ask the ostler if he had stood there before, and he said yes—and I said did not this man bid me good night—and Mr. Hussey laid hold of his arm, and said, "You know nothing about it?" Witness. That is false.
Prisoner. Q. Did you not say you saw one man driving a pig round the water-trough? A. Yes, you was the man—I said I thought it was the landlord's pig, and I heard the others grunting behind.
Prisoners Defence. I went to the Welsh Harp, Butler was sitting on his horse, and the ostler had something like a pot, handing it up—the patrol asked me whether I saw a man with four pigs—I said, "No"—he said "Good night"—I then made my way on to the path, knowing it was better than the road—I had got three quarters of a mile, and he overtook me, and said he could see no other person that was with the pigs, and if I did not go back be would blow my brains out—I said to the ostler, "Did you not to hear him ask me about the pigs, and bid me good night?"—he said "Yes."
GUILTY . Aged 36.— Confined Three Months; One Week Solitary.
335. JOHN SMITH was indicted for stealing, on the 23rd of December, 1 tea-chest, value 1s.; and 94lbs. of coffee, value 8l.; the goods' of Thomas Pickford and others.—2nd COUNT, stating them to be the goods of John Richard Andrews.
JOSEPH MOROE . I am porter to Thomas Pickford and Co. I received from Ridgway, Dakin, and Co., about half-past six o'clock on the night of Friday, the 23rd of December, a tea-chest, to go to the wharf at the City Basin—I placed it on the copse of my cart—I went from there to Newbery's, for a bale of silk—I left my cart at the door while I went in, and when I came back the tea-chest was gone—this is it—it corresponds with the others which I had in the cart.
SAMUEL PAGE . I am packer to Messrs. Ridgway, Dakin, and Co. I packed 941bs. weight of coffee in a tea-chest—it was worth 8l.—I directed it, and it was to be given to Moore, but I did not give it him—this is the one I packed—it has my mark on it.
ANTHONY REPTON . About half-past six o'clock on the evening of the 23rd of December, I was at the bottom of Fore-street. I saw a cart opposite the silk-shop there—I saw the prisoner take the chest off the copse of the cart, and drop it on the shaft—he then took it in his arms, ran across the street, and very nearly hit my horse's head—I though it was not right, and jumped over the copse of my cart—he made a stumble at the pavement, and nearly fell down, and dropped the chest—I told Cowburn to take charge of the chest—I pursued and took the prisoner.
Prisoner. Q. Did I not say, "I wish you could catch the rascal, he just knocked me down," and you said, "Come along with me"—I said, "Do not collar me, I will go any where," and you took me round the corner, and said to Cowburn, "Is this him?" he said, "I think it is." A. He was at the corner of Coleman-street before me—I am positive you are the man that took the chest—I took you and brought you back.
HENRY COW BURN . I saw the prisoner carry the chest in front of him—I said, "Halloa, what have you got there?"—he dropped it, and I took it up—Repton brought the prisoner back in less than two minutes.
Prisoner. Q. What made you say you thought it was me? A. I did not—I was sure it was you—I have not the least doubt of it.
Prisoner's Defence. A lady saw me knocked down—her name is Mary Jones—she was asking me the way to some street, and I was telling her, as a man knocked me down—I showed my coat next day to the officer, with mud on it.
GUILTY .* Aged 22.— Transported for Seven Years.
SARAH MATTHEWS . I am shopwoman to Mr. William Portway Linsel of Bishopsgate-without. About five or six o'clock in the evening of the 14th of December, the two prisoners came to the shop—Thompson came to purchase a shape—I showed her several—she objected to the whole of them, and described a shape which I said I would fetch out of the showroom, and while I was so doing I saw Martin take a boa, and conceal it under her clothes—I stooped down and took it from under her clothes, and said, "You have taken this boa?"—she said she had not—it was under her gown—it could not have fallen under her gown from the counter—it was on the other side, and it was up her clothes—Thompson stood before Martin to conceal her taking it.
Thompson. She said she would not serve us—I stood facing the glass, trying on a bonnet-shape. Witness. No, she left the glass and stood before Martin.
Martins Defence. I am innocent, there was a boa at a distance from me.
Martin. There was a gentleman there, and she advised him to say he saw it, and he would not. Witness. There was a gentleman, he saw I was drawing it from under her clothes, and he turned his back—I said to him, "You see what I have done"—he said, "I have seen too much, I advise these young people to hold their tongues, I do not like to see young people in trouble."
MARTIN— GUILTY . Aged 17.
THOMPSON- GUILTY . Aged 17.
Recommended to mercy.
Confined Three Months; Last Week Solitary.
THOMAS HALLS . I keep a public-house in Bell-yard, Gracechurch-street. I only know the prisoner by his using my house a very few weeks—I had repeatedly forbidden him to come—on Friday evening, the 23rd of December, I had occasion to go down in the cellar—I saw the prisoner going from the tap-room to the bar several times—I had two hams hanging on an iron bar—as I went down into the cellar, both hams were there—when I got down I took a stick and poked out a large plug which we have for
pouring gin down—I watched up this hole for half a minute, and saw the prisoner go to the tap-room door, and the door was closed—he took that op-portunity of taking the ham off the iron-bar—I called out immediately to make an alarm, but my sister-in-law and wife were in the kitchen—and before I got up the ham, and hook, and prisoner were gone—I have never seen it since—I am sure he is the man.
Prisoner. I was in the house from twelve, till the time you said you lost it? Witness. You might be—you might be playing at cards—I do not know whether you was standing at the bar at the time I was in the cellar—you might have been standing there for a shilling I owed you—you had asked me for it in the morning—I had forbidden you the house, beacause I saw very bad and suspicious characters in company with you—the officers told me they were suspicious characters—you asked for the shilling in the morning, I told you to take another opportunity of asking for it—I could see through the hole—I swear to you by your dress and features—I could see your white stockings and shoes, and you had trowsers on—I saw your face distinctly—it was of no use to make a disturbance then, as your acquaintances there might have told you of it—I went about twenty feet from the cellar stairs, the ham was hanging by the cellar door, but then the cellar staircase runs some distance—I told no one of it but my wife and sister-in-law that night—I told Joseph next morning—if you had taken any thing off the counter I could not have seen it—I swear there was no one there but yourself; not a single soul opened the tap-room door to go our—there was a gaslight inside the partition; which is glass, immediately where the hams hung—my ceiling is about nine feet high, and the bar on which the hams hung is at least a foot from the ceiling, and on that hung a hook, and then a long piece of string, and then the length of the ham—you came to my house the next day—I accused no one but you, you asked me why I suspected you—I might say I saw you through the crack in the floor at the minute, I saw you through the hole—I did not say, "If he is not the person, you can take him on suspicion"—when you came there, my wife sent to Mincing-lane for me, I returned with the officer, and you and the man that was with you the night before, (who went out a few minutes before you) were there—I said to the officer, "Here is a man that I swear stole my ham off my iron-bar"—the other was out of the house prior to your taking it—he might take it of you at the door—I said it was from half-past ten to eleven o'clock—I might say the first time that I was sure it was you, because you had shoes and white stockings on.
Prisoner. This passage is public, and there are coachmen, and cads, and conductors—your servant swore he saw me go out, and I had nothing in my hand, and the next time you took good care you did not let your servant come again. Witness. No, he was not wanted—it was impossible for any one else to see him take it, unless they were watching him over the door—the three lower panes are wood—there was no step to stand on in the passage, but a coffee-mill, by which he could have raised himself up—I have done so myself to takedown a joint of meat.
Prisoner's Defence. I think it quite impossible for him to go into his cellar and knock this bung out to look through—Why should he suspect the ham was gone any more than any other property?—it appears to me he missed the ham on the Saturday—it is quite as possible any other person might take it as me—I was in the house full an hour after he lost it, and his servant stated he saw me and three others go out, and neither of us had any ham.
NOT GUILTY .
WILLIAM HENRY HAWKINS . I live in George-street, Portland-square. About half-past twelve o'clock on the 16th of December I was in Holborn, near Thavies Inn, and felt a touch at my pocket—I turned, and missed my handkerchief—the prisoner was near me—I took hold of him—he said he had not got it, and offered to be searched—I took my handkerchief from his left trowsers pocket—this is it.
ROBERT BERWICK . I am a beadle of Thavies Inn. I saw the prisoner with three more—I saw the prisoner attempt the gentleman's pocket—I did not see him take his handkerchief, but in a few minutes I saw the gentleman take it from his pocket.
Prisoner. I was standing there, and the handkerchief was put into my hand, I put it into my pocket—I did not try the gentleman's pocket.
GUILTY . Aged 14.— Transported for Seven Years.
EDWARD DOUDNEY . I live in Lombard-street, and am a tailor, in partnership with Edward Philip Doudney. The prisoner worked at the top of our house, and slept there—I keep my waistcoats and trowsers in the shop at the bottom of the house—on the 22nd of December the shopman told me the drawers were wrong—I saw they had been opened, and saw footmarks that somebody had got into the shop through a hole, and there were footmarks on things under it—I went up stain, and began to search the prisoner—I took his hat off, and in it found three silk waistcoats—these are mine—I called an officer, who stripped him, and found a pair of trowsers on under his own, which had been taken out of our drawers—in the afternoon we had another search, and found his great coat, and in the pocket of it another pair of trowsers—he was going to leave, and going home that day.
Cross-examined by MR. PHILLIPS. Q. He was not there when you found the great coat? A. No, he was in custody when we found that—he had been out and come in again—the officer took a watch and two sovereigns from him—we had no character with him.
(The prisoner received a good character.)
GUILTY. Aged 21.—Recommended to mercy — Confined Six Months; Last Week Solitary.
—I felt a person taking my handkerchief, I turned round and secured the prisoner, who was the only person near me—he had not my handkerchief in his possession, but it was dropped behind him—there was no else within ten yards of me—I charged him with taking it—he denied it and struggled very much to get away; and the other person, whom I saw about ten yards off, rushed upon me and struck me, and ran off immediately.
Prisoner. I showed him the man that picked his pocket. Witness. He did after he had ran off, but it could not possibly have been that other man, he was so far off.
GUILTY .* Aged 18.— Transported for Seven Years.
OLD COURT.—Wednesday, January 4th, 1837.
First Jury, before Mr. Sergeant Arabin.
341. JOHN PORTER was indicted for feloniously breaking and entering the dwelling-house of George Bracher, on the 16th of December, at St. Stephen, Coleman-street, and stealing therein 1 apron, value 3d.; 2 shawls, value 1l.; 1 gown, value 10s.; 1 petticoat, value 2s.; 1 pair of stockings, value 1s.; 2 collars, value 1s. 6d.; 1 handkerchief, value 6d.; 1 pair of sugar-tongs, value 3s.; 1 box, value 1s.; 1 pair of bracelets value 3s.; 1 ring, value 2s.; 2 brooches, value 2s.; and 1 necklace, value 1s.; the goods of John Maxwell Charley; to which he pleaded.
GUILTY . Aged 38.— Transported for Seven Years.
342. THOMAS ROSE was indicted for stealing, on the 19th of December, 1 pewter pot, value 1s. 6d., the goods of Robert Helling: also, for stealing, on the 19th of December, 1 other pewter pot, value 1s. 6d., the goods of John Roberts; to both of which he pleaded.
GUILTY . Aged.— Confined Six Months.
WILLIAM MADDOCK . I am a carpenter. On Saturday, the 18th of December, between twelve and one o'clock in the day I was in Thread needle-street—I felt a snatch at my coat pocket, and my handkerchief was gone—I turned round and saw the prisoner just behind me—he turned back and walked from me; and when he saw me coming towards him, he dropped the handkerchief and ran away—he was secured without my losing sight of him.
Prisoners Defence. There were other people running before and behind me, crying "Stop thief," and I ran also—when I was brought back the gentleman had the handkerchief in his pocket.
GUILTY .* Aged 19.— Transported for Fourteen Years.
WILLIAM NICHOLLS . I live in Adam's Mews, Marylebone. I keep horses and stables—the prisoner was my carter, and had the care of my hay—there were nine horses in the stable, and a certain quantity of hay was delivered every Tuesday and Friday to each of the men to feed the horses—the horses stood at Kingsland, where I have the contract from the metropolitan road trust—this hay was taken there from my farm—the prisoner, with two others, had the care of the stable—a truss of hay was produced in me, which I have no doubt was mine—the prisoner had been in my employ for five or six months as a labourer.
WILLIAM CHAMBERS (police-sergeant.) On the 9th of December, about half-past eight o'clock in the evening I was at Kingsland, and fifty or sixty yards from the prosecutor's stable I saw the prisoner and another—the prisoner was carrying a truss of hay—I suspected, and watched them—I saw the other person go out into the main road, and look about—they were in an avenue—he turned back and said something to the prisoner, who then came out and in the road going towards the Elephant and Castle I took hold of the prisoner, and said I should take him into custody—he put the hay down, and said he was going to take it to the Elephant and Castle for a truss which he had borrowed—the other man went away as quick as he could—I think he was one of the prosecutor's men, but I am not certain—I went to the Elephant and Castle, and could not find the ostler—I have not seen him since, he has gone away entirely—I showed the hay to the prosecutor, and he claimed it.
ROBERT DRUMMOND . I am apprentice to Mr. Nicholls. In consequence of information which I received, I went to the watch-house at Kingsland, and saw the hay, which I knew to be Mr. Nicholls's—I charged the prisoner with stealing it—he said he had borrowed it of the ostler, and that Jemmy knew of it—the prisoner always had plenty of hay without borrowing, and that week in particular he had an extra truss on account of a horse going away.
WILLIAM PHILLIPS . I am servant to Mr. Nicholls. I delivered a sufficient quantity of bay for the horses twice a week—the horses always had their regular quantity—I have not a doubt of this hay being master's.
Prisoner's Defence. The foreman sent me to borrow the hay, as we were out of it—he was at Worship-street, and swore I did borrow it, the first night I was there—and at the second examination Mr. Nicholls would not let him come forward.
JAMES CHEESELEY . I am carman to Mr. Nicholls, and have been so nearly eight years. I have known the prisoner from the beginning of last summer—he borrowed a truss of hay of the ostler at the Elephant and Castle on a Thursday evening—I cannot tell the day of the month—he went out of the stable to the public-house to borrow it—nobody was present when the bargain was made but the prisoner and myself—the ostler was in the house I believe—the prisoner went to ask him to lend him one—he asked me whether he should go and borrow one—I told him if he wanted it to go and do so—I did not tell him to go there—he told me himself he could borrow it—I did not see him speak to the ostler myself—I knew the ostler by sight, but not by name—I was not acquainted with him—he has never been seen since—I do not know that £10 reward has been offered for him—I have never seen him since—I did not go with the
prisoner with this truss—I do not know who the man was who was with him when he was taken—I cannot guess—I never went with him.
GUILTY . Aged 23.— Confined One Year.
Before Mr. Baron Alderson.
ANN THRALE . I live in Kingsland-road, opposite Mr. Lawson's floor cloth manufactory. On the 18th of December, between ten and eleven o'clock in the morning, I was at home, and saw two men three or four yards from the shop conversing together—in a short time I saw them go nearer the door—I saw one man go in, and return with a roll of carpet which he placed on the other man's shoulders—they crossed the road with it to the side I was on—I know the prisoner to be the man who carried the carpet—I spoke' to a butcher's boy named Abel about it, and he went the shop door—Mrs. Lawson came out of the shop, and in about ten minutes the carpet was brought back in a truck; and in about five minutes the prisoner was brought back in the custody of Spencer—he had a kind of snuff-coloured coat, and a white apron, and long hair under his ears, and a hat on—I had never seen him before—I had seen both of them for three quarters of an hour about the shop—I suspected them, when they got near the shop—I saw them then for ten minutes—I was very near to them.
Cross-examined by MR. DOANE. Q. Could you see into the shop form your house? A. Yes—I am quite sure I saw them for three quarters of a hour, or it might be more than that—I was washing at the front window—Mr. Lawson's is nearly at the corner of the street, it joins a tailors—my suspicions were excited when they got near the door-post—I crossed over the way to a shop on business while they were there—I am certain it was the prisoner who had the carpet on his back—the other put it on—the other man had no apron on—the prisoner looked like a labouring man—I took him to be a carpenter—the other man was more respectably dreased—when the carpet was put on the prisoner's back they went away in the same direction, but the other man went to the other side of the way—they went towards the turnpike—I saw the prisoner brought back.
THOMAS ABEL . I am a butcher's boy. Thrale gave me information, and I went over to Law son's shop and told them—I saw the prisoner walking away with a roll of carpet, and followed him about 200 yards—he then took it in his arms, and put it inside a gate before a door, and stood by it about a minute or so—he then walked a few yards away from it, and then ran.
Cross-examined. Q. After putting it down, he walked a few yards; at that time was there not a hue and cry? A. Yes—he put it down before there was a hue and cry, and walked away; he ran when there was a hue and cry—the gate was near the turnpike.
ELIZA DUGARD . I am servant to Mr. Lawson—I was called down stairs by my mistress, and went down the road—I saw the prisoner with the carpet in his arm near a gate—I saw him put it down—he stood before it til he saw me cross the road—he then walked two or three steps, and then ran—I did not know him before—I was the breadth of the road from him—a
young man took the carpet back to the shop in a truck—and it was kept there till the policeman received it.
ROBERT LAWSON . I live In Kingland-road in the parish of st. Leonard, Shoreditch. This carpet is mine—I have had about a month—it stood about five feet from my door, inside the shop, on other rolls of carpet—it is worth 6l.,10s.,—there are eighty-five yards and a half, worth 1s., 6d., a yard—it is Ventein stair carpet.
THOMAS SPENCER re-examined. I was before the Magistrate When the prisoner was examined—his examination was read over to him—I saw him sign It (looking at it) this is his signature—I also saw the Magistrate sign it.
MR. DOANE. Q. Was he asked if it was true, and whether he had any thing to add? A. Yes—(read)—"The prisoner says I have nothing more to say than I was employed to carry it."
MR. DOANE,for the prisoner, stated that he had been hired by a respect-table person to carry the carpet to the turnspike, where they were to take a cab)
(John Wetherell, shoemaker, Pulmstree-court, Shoe-lane; and James smith, shoemaker, Compton-street, Clerkenwell; deposed to the prisoner's good character)
GUILTY . Aged 18.— Transported for Life.
Before Mr. Justice Patteson.
346. GEORGE BAKER and JOHN WALKER were indicated for feloniously breaking and entering the dwelling-house of John Collier, on the 27th of December, at Christ-church, and stealing therein 18 pigeons, value 30s., his property; and that Baker had been before convicted of felony.
JOHN COLLIER . I am a weaver, and live in King-street, Brick-lane, in the parish of Spitalfields. In December I Kept some pigeons in the wash-house at the back of my house, adjoining the house—You must go through the washhouse to get into the yard—the door of the house opens directly into the washhouse—you do not go into the open air at all—I saw the pigeons safe last Tuesday week—there were twenty—seven of them—I went again on Wednesday morning at ten o'clock, and missed eighteen of them—a board five or six feet long had been broken down at the side of the washhouse—it was the wall of the washhouse, which is all boards—a person could not reach the pigeons through the hole, it was too high—but the pigeons could fly out by the board being down—it was ten inches wide,—and about eight feet form the ground—I should suppose the hole was large enough for a man to get though—the pigeons were loose in the washhouse—I saw them again next morning at Andrews's—I picked them out the instant I went into his shop—I am positive they are mine—they were alive—Walker lives next door to me, and I have seen Baker come backwards and forwards to him.
him how many there were—he said, "Thirty"—I looked at them, and said "There are not thirty here, are they your own?"—he said, "Yes, they are, I have some more outside"—he went out, and returned in about a minute with another bag—I asked him again how many there were—he said "Thirty"—I said, "There are not thirty here"—I counted them over three times—there were eighteen—I turned round, and saw a man peeping in at the corner of my window—I said, "Who is that man, fetch him in out of the cold—he brought him in, and it was Walker—I asked Walker if the pigeons belonged to him, he said they did—I had a few friends in my parlour, and called them out, as I did not think they had come honestly by them—Mr. Edmondson asked them who they were, and where they lived and took their addresses—I told them to go away, and call again to-morrow, and if nobody owned them they should have them again—next morning I showed the same pigeons to Mr. Collier.
Walker. When I was fetched in, he said, "Are they your pigeons?"—I said, "Yes, they are mine"—he said, "Well, I will give 7d. a piece for them—but when I saw the pigeons, (which I had not done before,) I said I would not sell them. Witness. I did offer them 7d., thinking that would induce them to come back, as they had got to the door, and I called them back—Baker was never off the steps of the door—for Mr. Edmond son advised me not to let them go—they offered them at 8d. a head.
Baker. I went away to the next door, and then returned with them Witness. No, he was never out of my sight—when Walker came back one pigeon was short, and there were but seventeen—he said, "B—the other one," and I said, "I shall not let you go," and detained them.
WILLIAM EDMONDSON . I was in Andrews's shop when the prisoners were there—I asked Walker his name and address—he gave me his name and his address, "No. 22, Kent-street, Borough"—the pigeons were not taken out of the shop in my presence—I persuaded Andrews to detain the prisoner and give them in charge, on suspicion of stealing them.
ANDREW DACEY . I am a policeman. I was called into the shop, and took the prisoners—I asked Walker where he lived—he said, "No. 22, Kent-street—I asked him if the birds were his—he said they were—I asked him why he did not sell his birds himself—he said he had such a feeling for his fancy, he really did not like to dispose of them—I found a pencil, a knife, and a box of lucifer matches on Baker—the parish the prosecutor lives in is called Christ-church, Spitalfields, I believe.
Baker's Defence. On the evening in question I called at Walker's house, and remained some time, and went home—I met a man with pigeons in a bag, he asked me, (knowing me about the neighbourhood,) if I knew where I could sell them—I said I did not know any thing of them but I knew a man who understood such things—I returned to Walker, and told him a man wanted to sell some pigeons—I took him there, and the man said, "If you can sell them I will pay you for it"—we then parted, and I have not seen the man since.
Walkers Defence. Baker brought the man to my house, about a quarter past ten o'clock, as I was going to bed, and said he had a man who had some pigeons, would I come down and tell him what they were worth—I went down without a light—I felt the weight of them, and said, "if they are any good they will fetch 8d. a piece"—he said, "Well, if you will get 8d. a piece, you shall have 4s. out of it, and I will go and wait at the public-house," and we went to sell them.
(The certificate of Baker 's former conviction teat produced, but there was no one to identify his person.)
BAKER— GUILTY . Aged 38.
WALKER— GUILTY . Aged 39.
Of Larceny only.
Transported for Seven Years.
Before Mr. Justice Park.
MR. CLARKSON conducted the Prosecution.
RICHARD HIPWELL . I am a bookkeeper to Mr. Joseph Clare, one of the proprietors of the Rein Deer Manchester coach—this letter, directed to Messrs. Alexander and Clare, was in my possession at Stoney Stratford—I directed it to Messrs. Alexander and Clare, but put no address on it—I en-closed a £5 bank-note, four sovereigns, and 3s. in silver, in the latter—I then sealed it, and delivered it to James Parrott, in the evening of the 22nd of November, to give it to the guard of the Rein Deer coach.
JAMES PARROTT . I am in the employ of the proprietors of the Rein Deer. I received the letter from Hipwell, at Stoney Stratford, and delivered it in the state I received it to Holden, the guard of the Rein Deer coach, on the morning of the 23rd, about five or six o'clock.
Cross-examined by MR. PHILLIPS. Q. Did you take particular notice of the parcel? A. Not particular—I received five parcels that day, to the best of my recollection, to give to the guard—I placed this parcel in my own house, where the coach stops—I took it up into my bed-room, to have it safe—I received it from Hipwell about six or seven o'clock, and gave it to Holden about five or six o'clock in the morning—my bed-room door was not kept locked—I kept my front door locked.
MR. CLARKSON. Q. Had you any other parcel to deliver that morning so small as that letter? A. Yes—the others were about the same size, execept one, which was what we call the mileage money—I did not observe any tear in the parcel when I parted with it.
ROBERT HOLDEN . I am the guard of the Rein Deer coach. I received some parcels from Parrott on the morning of the 23rd of November—I remember receiving one directed to Messrs. Alexander and Clare—it appeared to contain something—it was bulky, and not like a single letter—I gave it to the prisoner about twelve o'clock on the 23rd, in the up-office, at the Belle Sanvage—when I gave it to him the seal was perfect—it was never out of my possession till I gave it to the prisoner—there was no tear in it, that I perceived—it was bulky when I parted with it, the same as when I received it.
Cross-examined. Q. How many parcels had you that day to deliver to the prisoner? A. Five—I know the direction of each parcel—my attention has been called to it since; if it had not, I could have told to whom they were addressed by the bill—I could not well make a mistake.
Q. Did not you deliver the prisoner a parcel short that day, and find out that you had left it in your pocket? A. No—I did not deliver him the mileage parcel at the time I delivered him the others—I delivered him two, one for Mr. Alexander, and one for Mr. Nelson, and about two minutes after I delivered him one more—the third one was very small—I had not forgotten it, but I went into the tap-room, and when I pulled my coat off this small parcel was in my pocket—I knew it was there—it escaped my observation just at the moment, being so small—that was the first journey I made with the coach—I left the other two parcels on the road according to their directions—I brought but three to town—I observed the other
parcels that I delivered to the prisoner that morning—I did not tell him there were some accounts in them—I said, "You will deliver these and take care of them, I think they contain money"—I did not say that before the Magistrate, because I was not asked—I told the prisoner they were accounts which I thought contained money—I did not deliver four parcels to him that morning, to my knowledge—the two I delivered on the road were for Mr. Everett and Mr. Woodward, and the three I brought to London were for Mr. Alexander, Mr. Nelson, and Messrs. Wright and Horne.
Q. Will you swear you did not deliver one that very morning directed to Mr. Sutch? A. I did not take that particular notice whether it was directed to Mr. Sutch or Mr. Nelson—the three parcels were tied together loosely with a string.
WILLIAM SARGESON . I am porter at the Belle Sauvage. I received this parcel from the prisoner on Sunday morning, the 27th of November, between nine and ten o'clock—it was sealed up and light as it is nowlike a letter which is put into the post-office—I did not observe whether there was a crack in it or not—I gave it to Thomas Beenham, my assist-ant, to leave.
Cross-examined. Q. You frequently, 1 believe, received parcels from the prisoner before? A. Yes.
THOMAS BEENHAM . I am assistant to Sargeson. I received this letter from him on Sunday morning—it appeared just in the same states as it is now, only sealed up—I delivered it to Charles Ford, book-keeper, at the Castle and Falcon, where Mr. Alexander lives in the same state is which I received it from Sargeson.
CHARLES FORD . I am book-keeper at the Castie and Faleon. I received this letter from Beenham on Sunday, the 27th of November between twelve and one o'clock in the day, in the same state, in point of size, as it appears now to be—I put it into the cash-box, and locked it up them till I gave it to Mr. Alexander next morning.
Cross-examined. Q. Where does Mr. Alexander usually live? A. His private residence is at Islington—I really cannot recollect where at present—I have never been there—I could have found it out, and delivered it that day if I wished—there is a great deal of business done at the Castle and Falcon—only two coaches arrive there—it is chiefly a wagon-officethere are many wagons.
MR. CLARKSON. Q. Had you any other parcel locked up in the cash box for Mr. Alexander that day? A. No—I kept the key of it till I took it out to deliver it to him.
JOSEPH ALEXANDER . I am in partnership with Samuel Clare, and occupy the Castle and Falcon jointly with him. On Monday morning, the 8th of November, I received the letter before him—the seal was entire—when I opened it, it contained no money—the letter purports to furnish an account of the proceeds of the Rein Deer coach for a given time, 9l. 3s.—if the prisoner received this letter on the 23rd November, it was his duty to send it to me the same day—there was a crack or tear on the sealed side of the letter, but that did not attract my attention at the time—I examined it afterwards—there is a slight breakage at the side.
Cross-examined. Q. You did not observe it at the time; is it now as it was when you observed it first? A. I sent it down to Mr. Clare for him to sec the state—it is in exactly the same state as it has then—it has
The appearance of having been gummed up—I merely state that as a matter of opinion.
Q. Did not the prisoner, when he had heard there was some confusion about the letter, call on you? A. He did—he said to understood the money was taken out of the letter, and of course he denied it—that was three or four days after—he said he waited on me in consequence of what had been said—I think he had then left our employment.
MR. CLARKSON. Q. Have you any partner but Mr. Clare? A. Not in the Castle and Falcon Business, but in the Rein Deer there are several partners—this money was coming for me and Mr. Clare.
(MR. PHILLIP contended that money might have accidentally fallen out of the letter.)
NOT GUILTY .
Before Mr. Baron Alderson.
CHARLOTTE CARCASS . I am the wife of Jacob Careass, who is a professsor of music. The prisoner was in our service for about six weeks—I sent her up to my bed-room for my apron, and recollecting that I had left my pocket there I followed her up, and found her pulling the clothes over which laid on the drawer, to look for my apron, as she said—my pocket was then untied—I had left it twisted round with a string—I asked her who opened my pocket—she said she knew nothing about it—I told her she had, and I knew she had got some money of mine in her mouth—I took out of her mouth one shilling and two sixpences—I opened my purse in my pocket, and missed one shilling and two sixpences—I had counted the money the night before—my husband gave the prisoner in charge.
Prisoner's Defence. I did not take the money—the money she took out of my mouth was my own—her husband was not present.
GUILTY . Aged 15.Recommended to mercy. Confined Six months.
Second Juryi before Mr. Recorder
349. JAMES BATEMAN was indicted for stealing, on the 15th of December, 29 knives, value 1l., 10s.; 29 forks, value 1l.; 2 pairs of snuffer., value 12s.; 3 candlesticks, value 7s.; and 1 canister, value 2s. the goods of George Baker, his master: and JANE BATEMAN and PRISCILLA BATEMAN for feloniously receiving the same, well knowing them to have been stolen; against the Statute, & c.
GEORGE BAKER . I am a furnishing ironmonger, and life in Davis-street, Berkeley-square. The prisoner James Bateman was in my employ as occasional porter and assistant is the manufactory—he had been so about eighteen months—in consequence of suspicion, I went to the house of his mother, June Bateman, on Wednesday night, the 14th or 15th of
December—it is next door to the Hanover public-house, Bays water-road—I found the two female prisoners there—I inquired for James, and his mother told me he had been gone out about ten minutes—I said I wanted him to come to work at half-past five o'clock next morning, which was half an hour earlier than usual, to oil a smoke-jack in Portman-square—she said she would tell him when he came home—she brought a tin candlestick, with a pair of steel snuffers in them, to the end of the counter (it was about a quarter to nine o'clock in the evening)—the snuffers were part of a packet 1 had lost a few days previous—I said, "Mrs. Bateman, these look very much like a pair of patent snuffers which I have the pattern of—they were very superior ones, and are a peculiar pattern—I never saw any other ironmonger have them—there is not a patent for them, but they are called patent—she said, "Sir, they are not yours"—I said, "I did not say they were, but if you will allow me to take them home with me, I will return them by Jem in the morning?"—as they were all over grease, I gave them into her hand to wrap in a piece of paper for me, and brought them away with me—as soon as I returned I sent my son for a parish-officer, and he went with the officer to their place—I was not present—next morning about ten o'clock, I went with the officer to their residence—Priscilla said her mother was not at home—between that time and one o'clock, I went to Smith's, a pawnbroker in Edgeware-road, to inquire if he had any cutlery, or brass candlesticks, or ironmonger's goods pawned with him—he produced two or three pairs of knives and forks, two pairs of large bran candlesticks, and one flat candlestick—I found my private mark on the largest pair—the whole of the knives had my name and address stamp on the blades—I claimed them as property lost from my warehouse—I then procured a search-warrant from Marlborough-street, and took two officers to Bateman's house, and found a japanned canister, and a tin candlestick in the shop, and the duplicate of a carving-knife and fork in her bed-room—it was the only bed-room in the house—the prisoner James slept in the house every night—it was his lodging, as I understood—I never saw him lodging there—after searching the place, the officers and I accompanied the female prisoners to Smith, the pawn broker's, and his man recognised Priscilla as one of those who pawnel the articles—we went from there to Marlborough-street office—about half-past twelve o'clock the same night, James Bateman knocked at my door—I opened it, and asked, "Who are you, Sir?"—he replied, "It is Jem come to render himself up, having heard that his mother and sister were in prison, for he had robbed me"—I asked him how he came to do such a thing—he said because his mother was in distress when he did it—I said, "I can do nothing more than deliver you into the hands of justice, and I gave him in charge.
James Bateman. I believe he gave me the tin candlestick at the time his house was under repair. Witness. I never gave him any thing of the kind—it is a new one—I once gave him an old one.
Priscilla Bateman. He promised us a free pardon, if I would tell him all I knew. Witness. I said at Marlborough-street, if she could tell me where my goods were, I would do the best I could for her on the trial—I found a dozen of dessert knives and forks at Neat's, the pawnbrokers, in Duke-street, Grosvenor-square, in consequence of what she said.
JOSEPH CARTER . I am a constable of Marlborough-street office, on the 15th of December Mr. Baker came to the office for a warrant to search Jane Bateman's house—I found her there, and told her I had a warrant to
search her house, on suspicion of having property of Mr. Baker's—she said she had not—I searched, and on the ground-floor found a candlestick and sugar-canister, which Mr. Baker identified—I went up stain, and found two duplicates in a chest of drawers in the bed-room—the mother said those two tickets belonged to her—she afterwards said only one of them belonged to her—she very much wanted to get them from me, by putting her hand out, saying, "That one is mine"—on looking at them I found one was for a carving-knife and fork—I said, "This must belong to Mr. Baker"—she made no reply—the duplicate she claimed was for six dram-glasses, which the prosecutor does not claim—I took both the prisoners into custody.
WILLIAM FOLKES . I am shopman to Mr. Jones, South-street, Manchester-square. I produce a knife and fork which were pawned on the 30th of October, 1835—I do not know who by—I also have a carving-knife and fork, pawned on the 5th December, 1836, but I do not know who by—the duplicates I have correspond with those produced by the officer—the last article was pawned by a female—I cannot positively say about the other—the duplicate of it is in the name of a female.
JOHN FRANCIS MATTHEWS . I am shopman to Thomas Smith, of Edgeware-road, a pawnbroker. I produce a carving-knife and fork, which was pawned on the 17th of November, for 4s., and another on the 30th of October, 1835, for 2s.—I have thirteen knives and forks pawned on the 9th of September last by the prisoner, Priscilla Bateman, in the name of "Ann Brown, No. 28, Earl-street;" and a pair of brass candlesticks for 3s. on the 2nd of last month, by a female, whom I do not know, in the name of "Mary Braham."
MR. BAKER re-examined. I have lost so many things I cannot tell when I lost them—for the last three months I have been robbed almost daily—the things pawned in 1835 might be taken out of my stock, and I not know it—the prisoner James came to live with me in May, 1835—I never saw Priscilla at my house—I cannot say whether she ever came there or not.
CHARLES PRICE . I am shopman to Mr. Neat, of Duke-street, Manchester-square. I produce twelve knives and forks, which were pawned by a female—I cannot say who—I have the duplicate—the counterpart has not been found.
James Bateman's Defence. I am only guilty of one dozen of knives and forks, and those I told my mother I purchased of Mr. Baker for a friend of mine, and not suiting him, I got my sister to pawn them.
James Bateman's Defence. Mr. Baker came to my house and asked where my son was, as he had not come to work—I said I had been looking for him, but I knew nothing of the circumstances—in about an hour Mr. Baker came again—I said if I knew any thing, if there was any thing wrong on ray part, I would give him satisfaction—he came into the shop and took down a canister, examined the top and bottom, and said it was not his, and put it back on the shelf—the candlestick I had in my hand—about three months ago, one evening, when my son left work, he had the candlestick—I asked where he was going to take it—he said, "Mother, it is for you; master gave it to me"—that is all I had in my possession—Mr. Baker denied all knowledge of the canister—he said he believed my daughter had pawned some part of the property—I said, if so, it was known to me"—he sat conversing with me for an hour, then got up and went out; and in came his eldest son and the officer to search my
place—I said I was very willing, for I had nothing belonging to any body but myself—he said, "Mrs. Bateman, I think James has robbed me"—I said, if so it was unknown to me, and every thing I could do I would.
Priscilla Bateman's Defence. My brother gave me the dozen knives and forks to pawn, which I did.
MR. BAKER re-examined. This canister has my private mark on it; it was never sold to the prisoner, but I cannot say it was never sold to any body—this candlestick is nearly new, and has my mark on it—the prisoner never bought a single article out of my shop—the other things have my private mark on them.
JURY. Q. Do you put the private mark on your things yourself? A. I do—the prisoner never marked my goods—I take stock once a year, the last time was in June 1835—he had access to my wareroom by opening and shutting it up—he did not serve behind the counter—these snuffers are the same pattern as those I lost—I have no mark on them, the same manufacturer may make for other people—these brass candlesticks were is my possession a fortnight before the prisoners were taken.
(The prisoners received good characters.)
JAMES BATEMAN—GUILTY—Aged 20. Recommended to mercy — Confined One Year.
JANE and PRISCILLA BATEMAN— NOT GUILTY .
350. CHARLES LEE was indicted for stealing, on the 16th of December, at St. Bride, 1 bag, value 13s.; 2 coats, value 6l.; 1 pair of trowsers value 3l.; 2 waistcoats, value 16s.; 2 pairs of boots, value 1l. 16s.: 2 pair of shoes, value 12s.; 9 shirts, value 5l.; 6 pairs of socks, value 5s.; 1 handkerchiefs, value 5s.; 1 pair of razors, value 7s.; 2 brushes, value 6d.; and 1 dressing-case, value 15s.; the goods of Edward Sherman.—2nd COUNT stating them to be the goods of George Marshall.
WOOLFREY JAMES MIDDLEDITON . I am a porter at the Bull and month Inn. On the 16th of December I went to Oxford-street to meet the Wincester Sovereign coach, and came with it into the City—I sat at the him part of the coach till I got to Chancery-lane, and then got in front-them was a carpet bag on the roof—it was about a quarter past nine o'clock in the evening—when I got to the end of the Old Bailey in Newgate-street, I stopped to set a gentleman down; and when I got down I fount the prisoner lying along on the top part of the hind boot of the coach—I said, "Yes have no business there, get down"—he did not seem much inclined to get down, but called me a fool—I took hold of him to put him off, but a person with a cab drove up and said, "Do not part with that man, do not put him down, pin him, he has robbed your coach of a carpet bag"—I turned my eye and missed the bag, and secured him—he gave me three or four very tremendous blows about the head: and three or four others came and assisted him, and jumped on me—I do not know who they were there were seven or eight upon me at once—I was on the ground holding the prisoner—several attempts were made to get him from me—I believe they all intended that—I was compelled to let him go for a moment, being over powered, but another person secured him—I am certain he is the man I saw on the coach—the bag belonged to a gentleman named Marshall—I have not seen it since.
Cross-examined by MR. PAYNE. Q. Who brought the Prisoner to you after you lost sight of him? A. I saw him in the custody of another man who drives a cab—he is not here, that I am aware of—I saw him again in
about half a minute, the moment I got on my legs—the bag was lying loose on the top of the coach.
COURT. Q. The prisoner was not a passenger? A. Certainly not, we had one passenger sitting on the box, and two behind the box, but none behind the coach.
JOHN PHILLIPS . I am a cab driver, and live in Galway-street, St. Luke's. was going up Fleet-street, near St. Bride's Church, when the Worcester coach was coming along, on the 16th of December—I saw the prisoner behind the boot of the coach, between the two seats—he took a carpet-bag off the roof, got down on the near side, and I lost Bight of him—I followed the coach, and saw it near the top of the Old Bailey—I am sure it was the prisoner who took the bag—I pasted close by him in my cab—I could see him distinctly, there was a good gas light, so that I could distinguish his features and dress—I followed the coach—it stopped previous to my getting to it—overtook it at the corner of Newgate-street, and found the porter telling the prisoner to get down, saying he had no business there—he was on the coach then—he must have got on again—I said, "Collar him, or pin him, for he has robbed the coach of a carpet-bag"—directly they came down, he knocked the porter down three or four times—he fought most desperately, and knocked the porter about most shockingly—a man jumped on the porter when he was down—I forgot to mention, that directly the porter and the prisoner got off the coach, the prisoner threw something down which appeared to be keys—I felt on the ground after the scuffle was over and found a key which the constable has—it is capable of opening the boot of a coach.
Cross-examined. Q. At what pace was the coach going when you saw the bag taken from it? A. I should think six or seven miles an hour—I was on what we call the gay, creeping up alongside the pavement, looking put for passengers; in fact, I was looking at the coach, thinking I might get a job from it—I turned round and saw the bag going—I was on the off-side of the coach going towards Temple-bar, and the coach was coming from it—I was on my near-side, the left hand, going towards the Bar—the coach was coming on my right—the prisoner got off on the opposite side to me—I saw him altogether as plainly as I see you now—I could see him for more than half a minute, or perhaps not so much—his back was side to me—I saw his face—I cannot say for how long—the moment I Bent by the coach I saw him take the bag—I called out to the coachman as loud as I could, but there were fifty or sixty cabs and coaches about me or I should have been able to stop him with the bag—I tried to turn Bond, and could not for some time.
MICHAEL DOWNEY . I am a watchman of St. Sepulchre's. I assisted in securing the prisoner—he made no resistance—I found him lying on his back in the street—I was sent out by the ward beadle with two other watchmen to secure him—the struggle was over before I came up.
JOHN PHILLIPS re-examined. The prisoner knocked the porter down several times—at last a cab man laid hold of him, and he knocked him down—nobody could manage him—I saw but one other person hit the porter, and then jump on him when he was down—I saw the man pull the prisoner down from the coach, they came down together.
DANIEL DUYAL . I live in Arlington-street, and work for Westley the book binder. I saw the porter struggling with the prisoner in the Old bailey—the prisoner said to him, "Do not be a fool"—pretending intoxication—I saw the prisoner put his hand into his pocket—he took it out, and
I heard something drop—Phillips felt about, and found a key, and I found another key—the porter was shamefully ill used, and violently treated—the man who was behind me beckoned to the prisoner, and then the prisoner pitched into him—the man struck the porter with his fist—I saw no jumping—I saw the other man rush on the porter.
Cross-examined. Q. What do you mean by pretending to be intoricated? A. Why he said, do not be a fool, and staggered about—I did not say any thing before the Magistrate about his pretending to be intoricated—I did not think of it at the time—I said I saw a man behind me beckon to the prisoner, he was at the left side of me—they were not struggling then—1 was standing still at the time—I turned my head and saw him—I did not see any body jump on the porter—I saw a man rush on him—it is all the same—the prisoner showed in the station-house that he was not drunk—he laid down on the floor, but when he got up, he sat on the seat straight enough—he confessed to the officer that he was not drunk—I did not tell the Magistrate that—they did not ask me, and I did not think of it.
GEORGE MARSHALL . I live in Northampton-square, Goswell-street I came from Oxford by the Sovereign coach—I had a carpet-bag and other luggage on the roof—I sat on the front of the coach, behind the box—I saw my luggage safe at the West-end of the town—it was taken off the back, and put on the roof to be handy to take down—I went to the corner of the Old Bailey, and found a disturbance there between the prisoner and the porter, and my carpet-bag was gone—it contained the articles stated—I have not recovered any of them.
(MR. PAYNE, on behalf of the prisoner, urged that the witness phillip might be mistaken in his identity.)
GUILTY . Aged 23.— Transported for Seven Years.
BENJAMIN GALPIN . I am a bookseller, and live in Charlotte-street Fitzroy-square. On the night of the 13th of December I missed some books from a shelf in my window, which was open—I looked into the street, and saw the prisoner running—I followed him down Windmill street and John-street—I came up to him in Colvill-court—he was not running then—I took hold of him, and asked him for the books he had taken from my window—he said he would give them to me if I would let him go—he took ten books from his hat, and gave them to me—a policeman came up and took him in charge—I know the books to be mine—I had seen them about five minutes before—I gave them to the officer—on my return I missed forty-eight books, these are ten of them—I had not left my shop unprotected in the interval.
Prisoner. Q. What shelf were they taken from? A. From the bottom shelf in the window—there is no glass to the window—they were about foot within it.
with the books—I proceeded to search him, and he said he had got no More, which I found to be the case—I found 1s. 2d. on him, I believe.
Prisoner. Q. Did not the prosecutor show you where the books came from, which was outside the window, leaning against the post? A. He showed me where they came from—it was inside the window.
Prisoner's Defence. I saw a man running up John-street throw something away, and run up the court—I picked the books up, and put then into my hat—the prosecutor came up and said, "Where is the large book you took of mine"—I said I had no large book—he said, "Give me the Acting Drama,' and I will let you go"—I said I had some small books which I had picked up, and gave them to him.
BENJAMIN GALPIN re-examined. There was nobody else running in that direction—he could not have picked them up, for he ran all the way till he got to Colvill-court—I did not observe how he carried his hat when I first saw him running—he ran about four hundred yards—I did not see him stop and pick up any thing—it was ten o'clock at night—I missed the books, looked out, and saw him running—I thought I had lost the "Acting Drama," and said, "Give me that, and I will let you go"—but I afterwards found, instead of its being that large work, it was forty-eight books—I lost sight of him in Colvill-court for a moment, just at the turn of the court—I first saw him about fifteen or twenty yards from the shop—my house is one from the corner—I saw him directly I turned the corner—I did not call out "Stop thief"—he did not run very fast.
GUILTY . Aged 22.— Confined Three Months.
NEW COURT.—Wednesday, January 4th, 1837.
Sixth Jury, before Mr. Common Sergeant,
BENJAMIN SHERMAN . I live at Waltham-abbey. On Friday, the 23rd of December, I called at the White Hart, Stones-end, at half-past ten o'clock—I left my cart at the door, and came out, and the tilt of the cart was gone—this is it.
THOMAS ZINZAN (police-constable N 67) On the 23rd of December I was in the Kingsland-road, and saw the prisoner loitering about—he went to the cart, at the White Hart, Kingsland-road, took something bulky, and went into Caroline-place—he came out, saw me, and ran round an errand cart and escaped—I watched, and spoke to the prosecutor—we stood there, and I saw the prisoner coming back to Caroline-place—we went to a dark place, and the prisoner went to the place and took this tilt up, and was making off—I rushed out, and took him.
Prisoner. I was returning from Enfield—I stooped down—I thought it was a man rolled up, and before I got it up, they took me—I had no intention of stealing it—I never was near the cart. Witness. I am quite sure he is the man who took it from the cart at first, and he was pointed out by a shopkeeper—no person could have seen it unless they turned into the place where it was—I saw him distinctly by the glare of the gas—I did not take him at first, because I could not get near enough to him—as soon as he saw me, he ran off—I had seen him previous to that, and had been close to him.
GUILTY . Aged 35.— Confined One Month; Last Week Solitary.
CAROLINE LODER . I live in Park-place, Mile-end. About eleven o'clock, on the 20th of December, the prisoner came to my house for some shoe ribon which I had not got—I then found him in the shop with this cloak—he had returned from the passage, where the cloak had hung on peg—I charged him with having stolen it—he said he had not—I said it was in his apron—he then dropped it—I went for an officer, and gave him in charge—this is my cloak.
Prisoner. Q. Was it in my apron, or was it on the ground? A. Is your apron when I came in.
GUILTY. Aged 19.—Recommended to mercy .— Confined Six Months Three Weeks Solitary.
354. ANNA JARDINE was indicted for stealing, on the 20th of December 8 spoons, value 2l.; and 2 ladles, value 2l.; the goods of John Nassau Clark; and ROBERT JARDINE for feloniously receiving the tame, well knowing them to have been stolen; against the Statute, and 2nd. COUNT, for receiving them of an evil-disposed person.
LOUISA CLARK . I am the wife of John Nassau Clark. On the 20th of December the female prisoner came to my house to char—I had examined the plate on the 12th of December, and found eight spoons ail two ladles, and the rest of the plate all right—they were kept in a placebox (which was locked) under the bed up stairs—I had not examined it after the 12th—the prisoner went to that room on the 20th, when she came I did not miss these spoons and ladles till the officer brought them—there are them—whoever took them must have taken them from the box the lock was not broken, it was quite right—the key of it was in another her in my possession, and that was kept locked.
GEORGE TYLER . I live in Holywell-street, and am a watchmake On Tuesday, the 20th of December, the male prisoner came to my house between ten and eleven o'clock, with these spoons and ladles—he asked I purchased old silver—I said I did—he asked me 4s. an oz.—I said had not weights enough to weigh it—I would go and get some weights I had suspicion of him, and got an officer, who took him and the woman who was waiting outside.
GEORGE FOSTER (police-constable F 60.) On the 20th of December Mr. Tyler fetched me—I saw the woman on the opposite side of the road—I told the man I wanted him—he asked me whether I thought he had stolen the plate—I said I did not know whether he had or not—I took him to the station-house—he said he had picked it up, and named the street, but I forget it.
Ann Jardine. I was walking with my husband when he picked up the parcel.
Richard Jardine. I never had a shilling but what I worked hard for—I never broke the laws of my country.
ANNA JARDINE— GUILTY . Aged 38. Transported for seven Years.
ROBERT JARDINE— GUILTY . Aged 38. Transported for seven Years.
On the 15th of December as I went for my beer, the prisoner and his eldest son were close to the door—I was away three minutes—when I returned the door was shut as I had left it—the minute I returned I missed a shoulder of mutton—I met no one in the street—I received information, an I found the prisoner at his house—we found the shoulder of mutton there, and part of it was frying—I can speak to it from the manner in which it was cut—the prisoner said that the officer I took with me, not being a City officer, could not take him—I got another officer, and he took him.
Prisoner. I offered to go out to seek for the man I bought it of, she came back and brought one, and said there was the fellow shoulder—I said, "You will take that to the Magistrate to-morrow," they were both off the off-side of the sheep; and in the morning there was only one shoulder brought, and then she said she had taken the other home—I gave 4s. 2 1/2d. for that shoulder, and offered to take her to the man I bought it of in Newgate-market. Witness, I brought another shoulder to show that it had the same marks on it—I did not say they were both off the same sheep—I had eight.
Prisoner. I told the officer where I bought it—I should know the man I bought it of, if I were to go to the market—I have been thirty years under the Board of Ordnance, and seventeen yean in the Tower, in the storekeeper's department.
REBECCA HOULTON re-examined. I have had no dispute or quarrel with him—my husband cautioned me about him, because he was always lurking about the shop—he has dealt at our shop—we bought ten shoulders that morning all of one mark—the hook-mark in it is ours—it is always customary when a shoulder is sold to break the knuckle, and this is not chopped or broken.
(The prisoner received an excellent character.)
GUILTY . Aged 48.— Confined Three Days.
CHARLES POCOCK . I live in Chapel-place, Lincoln's Inn-fields, and am a fishmonger. At half-past two o'clock on Monday morning, the 19th of December, I was standing at the corner of Vere-street, hearing the waits—feeling something at my pocket, I turned and saw the prisoner with my handkerchief in his hand—I knocked him down and fell on him, and took it from him.
Prisoner. I never had it in my hand—I was coming from my sister's, and was standing hearing the waits—he came up and struck me twice, and knocked me down—I asked him what he did it for—he said, "For picking my packet." Witness. Yes, you had it, and were going to stuff it into your breast.
GUILTY . Aged 30.— Confined Six Months; Three Weeks Solitary.
CHARLES NEVILLE SMITH . I live in Howard-street, Norfolk-street, Strand. On the 9th of December the prisoner came into my Service as servant of all-work—my wife got hold of some duplicates—I showed them to the prisoner, and asked if they were for my property—she said they were—I asked what induced her to do so—she did not give me any satisfactory answer, and I sent for an officer—these are the duplicates.
Prisoner. I told him it was from extreme distress—I had been very ill—my gown was in pawn that I have on now—1 got it out. Witness. She did say to; but she robbed me the day she came to my service.
Prisoner's Defence. What I did was through distress—I meant to redeem these articles—I was robbed by three young women, who were tried here last August, and I never recovered my property, nor have 1 beet well since.
GUILTY. Aged 30.—Recommended to mercy by the Jury.
Confined Six Months; Three Weeks Solitary.
SARAH AUSTIN . I am servant to Robert Stoddart, of Trinidad-place, Islington. I called the prisoner to take away some dust on the 23rd of December—there was then a silver spoon on the kitchen table—I had seen it five minutes before, and missed it ten minutes after they carried the dust out—this is it.
Prisoner. I found it in the dust. Witness. I am sure it was not there it was in a basin in some gruel in the kitchen.
CHARLES SCOTT (police-constable 181 N.) I was sent after the prisoner and the other man—I said to the prisoner, "Have you a silver spoons in your possession?"—he said, "No, I have not, you may search me"—I took him into custody, and in going along he shuffled about, and this spoon fell from his clothes on the pavement—here is the mark of the gruel on it now.
Prisoner. I beg for mercy.
GUILTY .* Aged 23.— Transported for Seven Years.
JAMES CUSTANCE . I am a blind-maker, and live in Margaret-street, spafields. The prisoner had been in my service eight or nine days—on the 3rd of December I missed three blinds—he had left me a week when he was taken—he came to watch me home to dinner, and the policeman took him—I saw him on the 7th, and spoke to him, and he ran away directly—I found three of my blinds at a broker's shop in Old-street—I asked him how he came to take them—he said poverty drove him to it, and he would take care I should have them back again if I would not appear against him—I said I would not if he would tell me
where they were, but he would not—three of the blinds are here—the others we have not found—these three I know are mine.
GEORGE SMEE . I live in Old-street, and am a broker. I bought these three blinds of the prisoner—I asked if they were his own—he said yes, that he had taken them from a place where he had been painting, and he wanted money to finish his work—I said I did not want them—he asked me 3s. 6d. or 4s. for them, which was the full value—I said I would give him 2s. if it was of any use—he said he could not take that—he was going away, but came back, and I bought them—in two or three days be brought some dwarf blinds, but I would not buy them.
GUILTY. Aged 19.—Recommended to merey .— Confined One Month.
360. LUCY CONNER was indicted for stealing, on the 14th of September, 2 shirts, value 15s., the goods of Francis Clarke: and MARY ANN CONNER for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
FRANCIS CLARKE . I live in Ann-terrace, Liverpool-road, and am a baker. Lucy Conner was employed occasionally as a char woman by me—I missed some shirts on the 6th of December—I had seem them safe perhaps a month before—she had an opportunity of going where they were—these are my shirts—Mary Ann Conner has come for a loaf of bread, but I do not think she had an opportunity of taking any thing away.
Mary Ann Conner. I pawned a shirt about a fortnight before my mother was taken, but that was taken out again, and taken home—I did not pawn this shirt. Witness. She pawned it—I had seen her before.
THOMAS MORRIS HARVEY . I am in the service of Mr. Goodburn, of High-street. I produce a shirt pawned by a female, in the name of Ann Baker—I know Mary Ann Conner, but I cannot say whether she pawned this.
LUCY CONNER— GUILTY . Aged 39.— Transported for Seven Years.
MARY ANN CONNER— NOT GUILTY .
361. LUCY CONNER was again indicted for stealing, on the 25th of November, 1 spoon, value 10s., the goods of Francis Clarke: and MARY ANN CONNER for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
FRANCIS CLARKE . On the 7th of December I missed three spoons from a drawer in the bed-room—Lucy Conner had an opportunity of going into that room—I have found only one—this is mine—Mary Ann was never up stairs at my house.
CHARLES COLEY . I live in Norfolk-place, Islington, and am a pawn-broker. I have a spoon pledged by Mary Ann Conner, in the name of Chapman, for 14s. 6d., on the 26th of November—it had been pledged a day or two prior to that for 12s., and then she came and had some more.
NOT GUILTY .
362. MARIA WESTON was indicted for stealing, on the 24th of November, 14 candlesticks, value 2l.; 1 bottle-jack, value 5s.; and 2 brass images, value 1l. 5s.; the goods of John Warner and others, her masters.
MR. CLARKSON conducted the Prosecution.
JOHN WARNER . I am in partnership with my father, John Warner, and another—we are brass-founders, in Jewin-crescent, Cripplegate. The prisoner had been in the service of our firm twelve or fifteen months—her was to lacquer brass articles after they were finished by the mikes—she came at half-past nine o'clock in the morning, and left at five in the evening—on the 14th of December I went to a pawnbroker in St. John-street, and saw some articles I knew were mine—I went to the prisoner's house the same evening, with an officer—I found there a bottle-jack, two brass figures, three pairs of candlesticks, and some duplicates, and gave her into custody—she said she was very much distressed—I said I thought it exceedingly strange that she should do such a thing, but I made her no promise—she said it never would have been had it not been for the good-for-nothing old woman, Mrs. Eagles, who had given her all the articles.
Cross-examined by MR. JONES.Q. How long has she worked for you? A. Twelve or fifteen months—we had a good opinion of her honesty—her husband is a working jeweller—she worked with Eagles in the room alone—we had employed a person named Knight—he had left us, perhaps six weeks previous to her being taken—he had the looking after the women—he was clerk and book-keeper—we had not discharged him—he gave us notice to quit—I am not certain that I took some candlesticks from the prisoner which did not belong to me—the officer retard some to one of them, I believe, but I do not know which—we claimed some articles which were afterwards discovered not to be ours—they were taken away, till they afterwards proved that they had bought them—Knight had the power to sell articles—I am not certain that any candlesticks were sold by Knight to the prisoner—if he had told me so, I should have remembered it—I do not recollect that he told me he had—he said he had sold some to the other woman—we do not enter the name of purchasers—we simply enter the goods—we found candlesticks entered in a thousand places—we searched at Eagles's, and found a key, but it is impossible to say it was the key of this jack—I have not fitted it.
MR. CLARKSON. Q. Is your establishment a large one? A. Yes, very—perhaps we have 130 people—when the prisoner made the observation which I have stated, she did not say one word about Knight—I went to Eagles—we found her in bed, but the prisoner was then gone to prison—she and Weston worked in a small room inside another, and Knight was in the room, of which a corner was taken off for them to work in—a key was found at Eagles's, apparently belonging to nothing, and the bottle-jack was found at Western's without a key.
JOHN WALLS . I am assistant to Mr. Wood, a pawnbroker of St. John-street-road. I produce three pairs of candlesticks which were pawned by Elizabeth Trigg—one pair on the 9th of November, one on the 23rd, and one on the 24th—I advanced 2s. on each pair—they are new.
Cross-examined. Q. Have you ascertained that the name and address she gave was true? A. Yes.
another pair, and on the 24th a third pair—I gave the money to my mistress.
Cross-examined. Q. She made no secret of it? A. No—she has five children—her husband is a working jeweller.
RICHARD BAYLIS . I am an officer of Hatton-garden. On the 14th of December I went to Mr. Wood's, and found these articles—I then went to the prisoner's house, and found there these other articles, and four duplicttes—they all referred to brass articles—the bottle-jack I found there was without a key—the prisoner said, that good-for-nothing old woman Mrs. Eagles had given her all the things that were found there, and some she bought of Mr. Knight—I went to Eagles's, and there found a key that fits the bottle-jack.
Cross-examined. Q. Did you return some articles to the prisoner? A. Yes, a brass mortar, a candlestick, and a brass footman—Mr. Warner was with me when I took them away—he claimed them, and when Knight one from the country, he said he had sold two of the articles, and the candlesticks he recollected one of the firm had sold.
JAMES WATSON . I am assistant to Mr. Lloyd, a pawnbroker at Struttoa-ground. On the 7th of April I took in a pair of chamber candlesticks—I should think they are new—I cannot say who pledged them—it was in the name of "Ann Weston, by Mary Gray."
JOHN HARVEY KNIGHT . I was formerly in the service of Messrs. Warner—I never gave or sold any of these articles to the prisoner, nor authorized her to take all or any of them—I did not know, until she was apprehended and I was sent for, that she had such articles—I had left Messrs. Warners' service, and have been brought from Southlampton, to enable the prisoner to put any questions to me—I had sold the prisoner a tea-kettle, and some candlesticks of this shape, but not this pattern, also a warming-pan, a lamp, and footman—part of these things would go through her hands—the figures would, but the stands of these did not belong to our manufactory—it is not customary for Messrs. Warner to part with any unfinished figures.
Cross-examined. Q. What are you now? A. I am about taking a brush manufactory—I am in treaty for a business, and am to have it—I was in the habit of selling articles in the shop—I did not make entries of them in the book—I took the money down to the clerk—the entries of the goods might be found—it was my invariable custom to take the money down to the clerk—not directly, perhaps, as I might be engaged—I might take it down in the day or in two days—I do not know that I have ever made a mistake—I never discovered it, to my recollection—I have no recollection of selling any of these articles—I can positively affirm that I have not sold them—I do not know that I was asked to tell the articles I had sold to this prisoner more than to the two—I mentioned what I had sold, and they were put down—I mentioned what I could—there were some things Which I recognized as having sold—I stated I had sold a tea-kettle—I did not mention the lamp—I do not know that it was mentioned in the office, but it was produced outside, and returned—the lamp did not occur to me—they asked me a variety of articles that I had sold, and I enumerated them—I am not sure I mentioned the tea-kettle, but I believe so—I was not asked to state what articles I had sold to Mrs. Weston, but to the two, and I enumerated a variety of articles—I sat a few yards from where the prisoner and Mrs. Eagles worked—there was a partition which divided their room form where I was sitting—there was no other gentleman so near them—
I was generally sitting there, and occasionally I went into their room to look at the work—it is likely I might he on familiar terms with them, considering the many hours I was there, and they were there at work—I have mule little presents to them.
MR. CLARKSON. Q. Did you ever have any improper familiarity with them, or any one in the house? A. No—I never gave them any of these things—I could not have sold any of these ornaments to them without recollecting it—some of these are new, and some have been used—I have not had any quarrel with the prisoner.
GEORGE HENRY WARNER . I am clerk to the establishment—I did not sell any of these things to the prisoner, that I can call to mind—I sold her one pair of candlesticks five or six months ago—they were similar to these respecting the metal, but nothing of this other kind of metal, or this new one.
Cross-examined. Q. Are you quite sure of that? A. Yes—I sold a pair similar—I cannot venture to swear it was not this pair—I am in the habit of selling to any one that comes in—the money was entered in the till-book, but there are so many dozens of candlesticks sold that it would he impossible to find any particular candlestick—there is no mark on any of these—it is a kind of metal we have not sold lately—1 believe it is not to be found in any tradesman's shop—it has not been made for some years—it was not commonly in use at the time I sold them.
MR. CLARKSON. Q. Were your masters the publishers of these bronze ornaments? A. Yes—they would not be given out to lacquer without the bottoms.
JOHN WARNER , Junior, re-examined. These bronze ornaments are ours—I gave directions for moulding them, and our name appears on the back of one of them—they were in a desk in the room where the lacquering women were—all these things are of our manufactory, with the exception of these stands, and the nozzles of these chamber candlesticks.
Cross-examined. Q. Your name is not on the counterpart of this figure? A. It is not—I cannot tell why—Mr. Knight and the other persons were in the habit of selling these things to customers—I believe the stand of this figure has not been manufactured for us—ours were usually mounted on marble—I believe the stand is not ours—I will not swear to it—I do not know whether we have any in the shop mounted similarly to these—they are not all under my direction—if any of our young men had sold them complete we should not complain—there is on these candlesticks, "L. No. 2," "M. No. 2"—L for large, M for middling—I never saw them in other places—I stated at the office that the figures found at Weston's were brass—these are brass, though they are bronzed.
MR. CLARKSON. Q. Are these articles of different descriptions of metal? A. Yes—this is one sort of metal, and these three of another—all the different descriptions of metal are of the same kind as our manufacture—these articles have not been sold—they were manufactured, but not saleable—I believe not a pair was sold—they were put away in a hole.
(The prisoner received an excellent character.)
GUILTY—Aged 32.—Recommended to mercy by the Prosecutor and jury Confined One Year.
363. MARY EAGLES was indicted for stealing, on the 13th of December, 9 candlesticks, value 1l. 7s.; 3 saucepans, value 7s.; 4 hooks and rosettes, value 5s.; 2 tin cans, value 3s.; 3 1/2 lbs. of candles, value 1s. 6d.;I key, value 1s.; 2 lamps, value 7s.: and 6 brass images, value 1l. 14s.; the goods of John Warner and others, her masters, to which she pleaded
GUILTY—Recommended to mercy . Aged 50.— Confined One Year.
STEPHEN JENKINS . I live in King's-head-court, Shoreditch, and am a milkman. I was going down Chiswell-street on the 18th of December, about eleven o'clock in the morning, and felt something touch my pocket behind me—I turned, and saw four dirty boys—I saw the prisoner ran across the street with my handkerchief in his hand—I found it was gone from my pocket—I called out, "Stop him," and a policeman took him—this is my handkerchief—the other boys ran away.
JAMES PAINTER (police-constable G 136.) I saw the prisoner with the handkerchief in his hand, running from the prosecutor—I did not see any other boys—I took the prisoner—he threw the handkerchief down, and I took it up.
Prisoner. There were two boys behind the gentleman—they threw it down—I picked it up—the gentleman turned, and I walked off with it in my hand.
GUILTY —Aged 11.— Confined One Month; Last Week Solitary.
CHARLES CASEY . I live in Brick-lane, St. Luke's, and am a shoemaker. On the 10th of December the two prisoners came to my shop together, about eleven o'clock at night, and asked to look at some shoes, which Riley tried on-they got up, after trying several pairs, and said they would call again, as there were none that suited them—my daughter asked them for the pair they were keeping back—they both denied having any—they had sat close together—I went round and asked for them—I rubbed them down but could find none—I then rubbed Riley down back and front, and she had a pair between her thighs—Scott was standing by her at the time—I did not attempt to search her—I sent for the policeman and gave charge of them—these are the shoes that were concealed—they have my initials on them.
HANNAH CUNNINGHAM . I am the wife of a policeman. I searched both the prisoners and found nothing—I said, "How came you to do this?"—Riley said, "I do not know, I was in want of a pair of shoes, and had no money to buy them."
(Riley received a good character.)
RILEY—GUILTY—Aged 15.—Recommended to mercy.
Confined One Month; One Week Solitary.
SCOTT— NOT GUILTY .
MR. DOANE conducted the Prosecution.
JAMES WILLIAM BARRIER . I am a bout and shoemaker: I have a shop in Burlington Arcade, Piccadilly. About October, 1835, the prisoner came into my service as shopman, and continued till this time—I missed articles from time to time, and communicated it to the prisoner—he denied it—I said, "It is an extraordinary thing, I cannot find out who is the thief"—he put me on my guard against the workmen, and I have discharged two of them—On the 30th of November a communication was made to me by my apprentice; in consequence of that I had search made at the pawnbrokers' on the 1st of December, and found a pair of Blucher boots and a pair of Wellingtons—I came back, and said to the prisoner, "I have been looking over the stock this morning, and miss a couple of pairs of boots out of the shop; they were here yesterday" (I had seen them the day before)—I said "Where did you go to?"—he said, "I went to such a place"—I said, "Did you take any boots any where else?"—he said, "No"—I then said, "I have got a thief about my concern, I hardly know who to suspect"—he said, "I can assure you, Sir, I never robbed you, whatever fault I may be guilty of"—I said, "Your own conscience is the best mentor; you and the pawnbroker must settle this"—I then said, "Who is this 'Jackson?'"—he said a friend of his—I said, "You and the pawnbroker must settle that," and I called one of my men to go and fetch a porter—I said, at "all events I will fix the offence on you"—he said, "For God's sake, for the sake of my poor mother, don't commit me, it is my first offence"—I had not given him any authority to take these.
DAVID HAYES . I live in Crown-street, Soho. I formerly lived in the Arcade, and knew the prisoner—on the 30th I saw him in the streetthere was a person waiting for him, at the corner of Sherrard-street, with a bag in his hand—I was standing by—I did not hear any thing, but I saw the other man go into the pawnshop with a pair of boots—the prisoner waited outside—having seen this, I thought it my duty to tell one of Mr. Barrier's men.
Prisoner. Q. What time of night was it? A. About twenty or five and-twenty minutes to eight o'clock—I saw you give the boots to the man.
THOMAS DRISCOLL . I live at Mr. Fleming's, pawnbroker, Brewer-street. These boots were pawned on the 1st of December, at half-past eight o'clock in the morning—I do not know by whom, but he gave his name "Jackson."
WILLIAM JORDAN . On the 1st of December I was in the prosecutors shop, when the conversation took place—I went to the pawnbroker's, and saw the boots—I went back, and said to Mr. Barrier, "What does he say?"—he said, "He acknowledges it, but says it is his first offence—the prisoner said, "Indeed it is, Sir, but if you will let me off this time, I will make you every compensation in my power."
Prisoner. The evidence of the boy is different to what he said before the Magistrate—he said that this pair of boots was the pair I gave that man, but he cannot swear to them.
(William Roe, a currier and leather-cutter, of Ebury-street, Pimlico; Edward Leige, of Rupert-street, Haymarket, and Thomas Billings, gave the prisoner a good character.)
GUILTY . Aged 26.— Transported for Seven Years.
JAMES HATCH . I am foreman to Mr. Robert Richardson. On the 23rd of December we had Cummings outside the shop to deliver hand-bills—he came in and said something—I missed a pair of boots—these are them.
THOMAS CUMMINGS . I am in the employ of Mr. Richardson, who keeps a shop at the corner of Judd-street. I was outside delivering bills, and saw Henry Thompson take a stick from one of the boys who was delivering out bills with me; he then went up Judd-street, took the boots off, and gave them to his brother—he ran down by Burtoncrescent, and we cried out, "Stop thief"—the policeman caught him, and he was brought back to the shop—he said, "Let me go, I have not had any food for two days"—James Thompson ran away—I am sure of their being the boys—I know them by seeing them about—I never spoke to them.
James Thompson. It was a boy named Carthy gave them to me—it was not my brother. Witness. Yes, it was his brother—he had a jacket on, and a white apron round his middle.
JOHN LEGGETT (police-sergeant E 4.) I was-in the New-road—Hatch and Cummings came to me; I went with them, and saw James Thompson drop these boots—as soon as he saw me he ran off—I picked them up, and he was stopped in Judd-street—I did not see Henry Thompson, that I know of—he might have been there, but I was in too great a hurry to go after any others—on the Wednesday after Henry came to the office to inquire the fate of his brother—Cummings went out, and said, "That is the boy who stole the boots."
Henry Thompson's Defence. I was out with my muffins, and had been gone about an hour, when I heard my brother was taken—I was at Camden-town at that time—on the Wednesday I went to take my brother some meat, and see how he came on, and was taken.
James Thompson. I was walking down Judd-street—a boy took the boots, and gave them to me.
(George Beard, a printer, of No. 4, Bride-lane, gave James Thompson a good character, and promised to employ him.)
JAMES THOMPSON— GUILTY . Aged 13.— Confined Six Days and Whipped.
HENRY THOMPSON— NOT GUILTY .
Fifth Jury, before Mr. Sergeant Arabin.
SAMUEL WHITFIELD DANKS . I am an agent to Messrs. Gilbie and Co. On the night of the 19th of December, I had been to Drury-lane theatre—when I was there I had both my handkerchief and box in my hind Pocket, and when I got a very little distance from the theatre, I felt for my
handkerchief, and missed it—I knew nothing more of it till the next morning—it was then produced to me—this is my snuff-box and handkerchief.
JOHN PHILLIPS . I am a cab man. I recollect seeing the prisoners many nights before this—on the 19th of December I saw them for half an hour previous to the theatre breaking up—they were in company, attempting several gentlemen as they came down—trying their pockets—that induced me to watch them—I saw them following a gentleman, (I cannot say it was the prosecutor,) and take something from his pocket—they turned up a court, and Jones showed Harrison what appeared to me to be a silver snuff-box—I followed them up the court, but did not meet a policeman till near the top of Drury-lane—I then told him, and he went and took them both—Harrison began to make some resistance, and I took hold of Jones—the handkerchief and snuff-box were found on Jones.
THOMAS DAVID MITCHELL (police-constable F 68.) I was on duty, and Phillips told me of this—I crossed and took both the prisoners—Harrises resisted—I got Phillips to hold Jones while I searched Harrison, and while I did that, Phillips produced the snuff-box from Jones's pocket—I then took them to the station, and found this handkerchief in Jones's hat.
Harrison. You said you saw me not two minutes in the man's company. Witness. I saw you both coming up the lane before Phillips spoke to me.
Jones's Defence. I found the handkerchief and snuff-box in the Strand.
Harrison's Defence. I was at a public-house in Drury-lane, at a club, which meets every Monday—I came out and met Jones—I was not two minutes in his company, when the officer took me.
JONES— GUILTY . Aged 21.
HARRISON— GUILTY . Aged 20.
Transported for Seven Years.
369. WILLIAM WRIGHT was indicted for stealing, on the 27th of December, 3 shifts, value 5s.; 2 pairs of drawers, value 2s.; 2 night-gowns, value 2s.; 2 night-caps, value 2s.; 11 towels, value 9s.; 20 handkerchiefs, value 18s.; 4 pairs of stockings, value 4s.; 3 petticoats, value 3s.; 3 habit-shirts, value 2s.; 3 shirts, value 10s.; 11 collars, value 3s.; 1 waistcoat, value 3s.; 1 frill, value 1s.; 2 aprons, value 3s.; 4 curtains, value 1s.; 3 toilet-covers, value 4s.; 1 pincushion-cover, value 6d.; 7 napkins, value 7s.; 8 table-cloths, value 1l.; 2 pairs of socks, value 1s.; and 3 pinafores, value 3s.; the goods of Edmund Pontifex.—2nd COUNT, stating them to be the goods of John Futer—3rd COUNT stating them to be the goods of Jonathan Black man.
JOHN FUTER . I am in the employ of Jonathan Blackman, a carrier Mr. Pontifex is a copper-smith in Shoe-lane—I had the care of ray master's cart on the 27th of December—it contained several bundles, belonging in different people—the articles stated were tied up in a bundle—which was going to a laundress in Wandsworth-road—the cart was standing at Mr. Caton's, in Bishopsgate Without, at half past five o'clock in the evening—I was waiting for some goods there, and was watching the cart—I saw a boy get into the cart—the prisoner was standing alongside—the boy gave the prisoner the bundle, and he ran off with it—I ran out and cried, "stop thief"—the prisoner dropped the bundle—he was pursued and taken—I am sure he is the person.
Prisoner's Defence. I was crossing the road, and the boy chucked it out of the cart—they took me, and said I had it on my shoulder, which I had not.
GUILTY . Aged 20.— Transported for Seven Years.
EDWARD BENTON . I am a bedstead manufacturer. The prisoner was my journeyman—I frequently missed pieces of wood—in consequence of that went to his lodgings, and found some pieces of wood that I thought were nine—he said they were not mine, but they belonged to Mr. Mitchell, who had sent them to him—I very much doubted it, because I knew the wood—I went to Mr. Mitchell, and then I went to the prisoner again—I told him where I had been, and he said I had been to the wrong Mr. Mitchell—I returned home, and took the policeman to search his premises, where re found this wood—I believe it to be mine, I can speak positively to it—I went to Mr. Mitchell's, because I wanted to know whether part of it was his—I can swear to part of it.
Cross-examined by MR. DOANE. Q. Previous to the prisoner coming to you was he not employed to do piecework? A. I have given him work to do at home, but he had worked on my premises previous to this—I looked out stuff for him to take home—I always saw his work when he brought it back, because I only gave him enough to make one bedstead or two at one time—I have employed him for eight months.
Cross-examined. Q. How do you swear to it? A. By certain marks put on by the timber-merchant, and by its being on Mr. Benton's premises—all the wood that the timber-merchant sold might have the same marks on it.
EDWARD BENTON re-examined. There are certain marks that I know it by—this piece has been brought into the shop two or three times to be worked up, but it would not do—it would only do to cut for cross-pieces; and this is marked the same as the other wood in my shop.
NOT GUILTY .
371. WILLIAM CARLTRIDGE was indicted for stealing, on the 15th of December, from the person of William Peters, 2 jackets, value 1l. 2s.; 3 shirts, value 9s.; 2 pairs of stockings, value 3s.; 1 pair of gloves, value 1s.; I belt, value 2s.; 1 handkerchief, value 1s.; 1 pocket-book, value 9d.; 1 bag, value 2d.; 1 sovereign, 2 half-sovereigns, 2 half-crowns, 17 shillings, and 1 £5 bank-note; his goods, monies, and property.
WILLIAM PETERS . I was a soldier, but was discharged and paid off from the 55th Regiment last Thursday fortnight, the 15th of December, in Oxford-market, and had this money and property about me—I had a £5 note in a pocket-book, in my breast—the remainder of the money was in a little bag in my breeches-pocket—I had a bundle that contained these articles—I first saw the prisoner at Oxford-market, some time in the afternoon—he was a stranger—I cannot say how we got aquainted—I
went into a public-house to get a pint of ale—he told me to go with him and he would get me good lodgings for the night—I think it was a public-house—I got drunk, and when I came to my senses in the morning, I found every thing was gone, and I was in the station-house—I got in there by falling out with him about losing my things; I asked him where my things were, he said they were safe enough—I was making a noise in the street, and the officer took us to the station-house.
JOHN SHOOLER (police-constable D 155.) I saw the prisoner about in o'clock in the evening of the 15th of December, in South-street, Manchester-square, with a large bundle under his arm—he asked me whether I could show him a house to have a comfortable pint of beer, as he had just come off furlough, and his time was not up till nine o'clock—I showed him the Barley Mow, and saw him go in there—he walked up Manchester-street with me.
WILLIAM BILBUN . I am a coachman. On the evening of the 15th of December I saw the prisoner at the Barley Mow—he had got a large bunds—he said he had got some clothes he wanted to dispose of, which he dared not take to the barracks, being coloured clothes—there were four stocking and one pair of gloves, which I purchased of him—these are the articles.
JOHN REYNOLDS . I am a labourer. I was at the Barley Mow, and saw Bilbun buy these stockings and gloves—the prisoner brought these in, and said he had come on furlough from Scotland, from his motel in Aberdeen—he asked me to show him where there was a pawnbroker's I took him to Mr. Ross, at the corner of Paddington-street and East-street, and waited till he came out.
FRANCIS THOMPSON . I am shopman to MR. ROSS. On the 15th of December, the prisoner came, about six o'clock, and pawned a shootingjacket, a round fustian jacket, and some other things, in the name of "William Welby, Portman-street barracks."
Prisoner. Q. Had I an epaulette on or a side-belt? A. I cannot say, but I can swear to your person.
DAVID JAMES (police-constable D 91.) I have a small bundle that the prisoner left with Reynolds after he pawned these things—I took the prisoner in charge—there was 11s. 3d. found on him when he was searched at the barracks.
Prisoner. I was searched immediately I went into the barracks—the pass of the prosecutor was found on another soldier the next morning; and he stated that this old man lost his pass in the street, and he found it there.
GUILTY . Aged 28.— Transported for Fourteen Years.
JAMES GLIBBERY (police-constable N 21.) I fell in with the two prisoners together, on the 19th of December, in Hoxton Town, between eleven and twelve o'clock at night—Langley was carrying something under has arm—I called another officer, and followed them—I found under Langley's arm a duck, and on Martin a duck in each pocket—I asked where
they got them—they said they bought them of some roan whom they did not know—I asked Langley, in going to the station-house, what he gave for the ducks—he said 5s.—I got them to the station-house, and then asked Martin what he gave for them—he said 3s. 6d.—this was three miles from the prosecutor's.
Cross-examined by MR. DOANE. Q. How soon after did you see the prosecutor? A. Two or three days—the ducks were retained in our possession.
JOSEPH SEAGER . I live at the Sluice House, Hornsey, and keep ducks I had lost three ducks—I went to Worship-street, and saw the three that I had lost—they were alive, and peculiarly marked—one, in particular, was marked in the web, and I could swear to that—the others I believe to be mine—three was the exact number I lost—they were in the paddock at half-past three o'clock in the afternoon.
Cross-examined. Q. Was not a great deal of poultry lost in the neighbourhood? A. Yes; and I marked the ducks, the same as a great many there do—I was told to take them home, and I did—I had lost all but these—the others were not marked like these.
JURY. Q. What was the mark? A. Three slits in the web of the feet—I think I should have known them independently of the marks—when I put them down at home, they found their way to the duck-pond immediately.
LANGLEY— GUILTY Aged 20.
MARTIN— GUILTY Aged 19.
Confined three months.
GEORGE GRIFFITHS . I live in Waterloo-bridge-road, and am a carver and gilder. On the 21st of December this looking-glass and frame were safe in my shop—I missed it between half-past six and seven o'clock—I found the prisoner with it the next day at Bow-street—I know nothing of him—this is the glass.
FRANCIS MORRIS . I am a mariner. On the 21st of December I saw the prisoner, about half-past six or seven o'clock in the evening, abreast of Son Chapel, in the Waterloo-road, three hundred yards from the prosecutor's shop—he was carrying this glass on his shoulder, and fell down—I assisted him up, and asked where he was going—he said over Waterloobridge; and if I would carry it for him he would give me 1s.—I carried it for him, as he was a little intoxicated—when I got over he had to go further, and then we paraded up several streets, down to Turnstile; I was still carrying the glass, and saw him take two books; I saw a policeman and gave him in charge, with the books on him—he had a white apron on—I thought he was in the trade.
JAMES VICKERY (police-constable F 26.)I saw Morris carrying this glass, and the prisoner was before him—Morris told me to follow him, as he had some suspicions that the glass he was carrying was not right, and he had seen the person who hired him to carry it steal two books—I took the prisoner, and found these books under his coat, and then took the glass.
Prisoner. I am an umbrella-maker. I was in Tottenham Court-road, trying to get work—I am innocent of this crime—as to the books, I turned
up a yard, and there were the books lying; I took them up, and the officer took me.
GUILTY . Aged 20.— Transported for Seven Years.
WILLIAM VANDEVELDE . I live in Long Acre, with Mr. Crispin, a shoemaker. These are two boots, not a pair, which were lying inside the door—I saw the prisoner take the boots as I was in the window—I followed, and overtook him in Drury-lane, and gave him into custody—these are the boots.
GUILTY . Aged 56.— Confined One Month.
CATHERINE MITCHELL . At half-past one o'clock last Saturday the prisoner and another woman came to my shop for a pair of boots—while my daughter was showing them one pair, the prisoner took a pair off the nail—I was serving a customer, and when she was gone I accused the prim of this—she denied it—I put her cloak on one side, and found these under it—my husband's name is John.
(Property produced and sworn to.)
GUILTY. Aged 16.—Recommended to mercy .— Confined Three Days.
ELIZABETH PATTISON . I am the wife of George Pattison; we live in James-street, Lisson-grove, and keep a second-hand clothes-shop. On the 14th of December I was standing in the shop, at half-past four o'clock, and a little girl came and told me something—I ran out and overtook the prisoner—she had not got more than three rods—I accused her of taking something—she denied it—I opened her cloak, and found the frock and trowsers, which had been hanging on the door-post—she put them into my hand, and wished me to let her go—I have seen her before in the shop—these are the property.
Prisoner. I picked them up as I passed by this lady's door.
GUILTY. Aged 55.—Recommended to mercy .— Confined Six Weeks.
OLD COURT—Thursday, January 5th, 1836.
Third Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 18.— Transported for Life.
WILLIAM BURTON . I am a linen-draper, and live in High-street, Shoreditch, near Mr. Jackson's. About seven o'clock in the evening I saw the prisoners together near the shop—I saw the woman take the piece of calico from the door, and put it under her cloak—the man stood close to her, with his back to her, as if to conceal her—he then walked a few steps away, and she immediately followed him—I immediately called Mr. Jackson out, and we followed, and came up with them eighteen or twenty yards off; we charged them with having the calico, and Mr. Jackson found it under her cloak.
GEORGE HITCHINGS . I am shopman to Joseph Jackson. I know this calico to be his—it hung about a foot within the doorway—I took hold of the man, and before I said a word, he said, "I know nothing of the woman"—I secured them both—the woman offered to pay for it.
Mary Ann Smith's Defence. It was outside the shop window—I gave it up directly he came to me.
Thomas Smith's Defence. I was not near the shop, but a good way from it—when he came up, I said, "I will go where you like."
I am an officer. I saw the prisoners walking together some time before the robbery.
MARY ANN SMITH— GUILTY . Aged 19. Confined One Year.
THOMAS SMITH— GUILTY . Aged 23.— Confined Three Months.
JOHN COLBY . I am a fisherman. On the 19th of December I came up from the Yarmouth Roads to Black wall—I received five sovereigns and a half in gold—I went to a public-house and changed the half-sovereign, and paid 8s. 6d. for a hat—I then changed a sovereign, and had four sovereigns left, in my left-hand waistcoat pocket—I met the prisoner about seven o'clock—I did not know her before—I went to a public-house with her, and when we came out 1 said, "If I could get a good bed I would pay 5s. for it," as I was tired—she said she had a nice cottage of her own, and would take me there—I went with her, between eight and nine o'clock, to an up-stairs room in Kett-street, and we went to bed together—I put my money under the bolster and the bed, next the sacking—she got out of bed in a quarter of an hour—(I am certain my money was all safe when I went to bed—I said to her, "I have a little money there, I will put it under my head)—she sent a girl for a candle, and got out of bed to take it from her—she kept the door ajar, so that I could not see her—she took her own clothes, and walked down stairs with them in her hand—I suspected something from that, and turned round and saw my jacket was gone from under the bed, and my money was gone—I thought it beat not to make a noise about it, so I went down quietly to look for a policeman—a woman in the house came up and began to abuse me, saying, "Halloo! what do you do in my bed? my husband will be here in a minute, and he will kick up a devil of a row"—I found three policemen, and told them all about It—I described the prisoner, and she was taken—they took a sovereign out of her mouth at the station-house.
THOMAS COOPER . I am a policeman. I took the prisoner about twelve o'clock, in consequence of the prosecutor's description—I told her I wanted her for robbing a countryman of four sovereigns—she said, "Ah, well, if I have done it, I have done it, and I hope you will send me out of the country"—I took her to the station-house, and found 1s. 9d. in her bosom—the declared that was all the money she had got—I fetched the presecutor, who swore to her—suspecting she had something in her mouth, I seized her neck, and made her spit a sovereign out—the prosecutor had given me information about half-past ten o'clock.
Prisoner's Defence. He did not give me the opportunity to give him the sovereign out of my mouth, or I should have given it to him—my sister had given it to me early in the evening to get change.
GUILTY . Aged 30.— Transported for Seven Years.
RICHARD WELLS . I am servant to Mr. Barlow, who keeps the livery stables at Hackney lodged at the Cock public-house—the prisoner was in the tap-room, on the 20th of December, when I went to bed—my coat and boots were on a chair in my bed-room—about a quarter past seven o'clock n I got up; I doubled my coat up, and put it on my hat-box—I went up stairs again about nine o'clock, and they were gone—these are them.
THOMAS TRACEY . I am a policeman. I met the prisoner in Cambridge heath-road on the 21st, about a quarter past nine o'clock in the morning, with the coat under his arm—I asked where he was going to take it—he said to his brother, who was a foreman in the City—I put him into the station-house, and went to his brother, and asked him whether he had a coat at his father's, whom the prisoner said he had brought it from—from what the brother said, I went back and took the prisoner before the Magistrate—he said he slept at the Cock the night before, and I found the prosecutor out.
GUILTY . Aged 18.— Transported for Seven Years.
Before Mr. Justice Park.
381. CHARLES MILLER was indicted for stealing, on the 13th of December, at Hayes, 8001bs. weight of lead, value 8l., the goods of William Sparrow Ward.—2nd COUNT, stating it to be the property of the Churchwardens of the parish of Iyer, Bucks.
The robbery having been committed in the county of Bucks, and being an offence against the Statute only, the Court directed the prisoner to be
Before Mr. Baron Alderson.
382. JOHN FOLKES was indicted , for that he, on the 1st of January, upon Joseph Josephs unlawfully, maliciously, and feloniously did make an assault, and unlawfully, maliciously, and feloniously did cut and wound him in and upon his bead, with intent, in so doing, feloniously, wilfully, and of his malice aforethought, to kill and murder him.—2 other COUNTS, stating his intent to be to maim, and disable, and to do him some grievous bodily harm.
the morning of the 1st of January the prisoner came to my house—I saw him there between two and three o'clock—there was a young woman with him—they were up stairs in a room together—I heard my wife screaming murder up stairs, and went up—I saw the prisoner and the young woman; and my wife was lying on the floor streaming in blood—she was cut in several places on the bead—the prisoner had a poker in his hand—I had no sooner entered the room to see what was the matter, than he struck me with the poker on the top of my head, and I fell to the ground—he made a second blow at me, and cut me again on the left side, after I was on the ground—I then got up and tried to wrench the poker from him, but did not succeed—he got hold of a mug, and hit me on the head with it—he kept the poker in his grasp, and broke the mug in hitting me across the bead—he then made another blow at me, and by some means the poker broke into three pieces—I received a blow on my thigh—I hardly know where he struck me then, for I was almost senseless—I then sat on the sofa, and was bleeding—a policeman came in, and I recollect nothing else till I was taken to the hospital, and got my wounds dressed.
EITHER JOSEPHS . I am the prosecutor's wife. On Sunday morning the 1st of January, about a quarter to two o'clock, the prisoner came to our house with a prostitute—I am sorry to say I keep a house of accommodation—I lit them up stairs, and he paid me 2s. for the night—about threequarters of an hour after, I heard the female shriek murder—I went up to the door and asked the cause of the noise—the prisoner asked me to bring alight up stairs—I brought a light to the door, and he refused to let me in; at that time the female was crying bitterly, and shrieking murder again—I pushed my back against the door, and forced it open—I went into the room, he ran to the fire-place, seized the poker and struck me violently on tie left side of the head—I found blood coming, and shrieked murder—he struck me again on the side of the head, and struck me several times—I fell to the ground and lost my senses, and do not know what happened afterwards—the prisoner did not accuse the girl of robbing him—I do not know what the noise in the room was about—there was no charge of her robbing him.
Prisoner. She did not come into the room first—her husband broke the door open. Witness. I came up first.
ELIZABETH WELLS . I went with the prisoner to Josephs' house, and went up stairs with him—after we had been in the room about three-quarters of an hour, I cried out, and Mrs. Josephs came up—as soon as she entered the room, the prisoner struck her with the poker—she cried out murder, and her husband came up to her assistance, and the prisoner struck him with the poker—Josephs had done nothing to him first—I left the room in the midst of the struggle, just as I heard the policeman come up—the prisoner had kicked me out of bed, and wished me to leave the room.
FREDERICK JOHNSON . I am a policeman. I was called into this house—it is a house of ill fame—I found the prosecutor sitting on the sofa, holding his head—the prisoner was in the act of pulling on his trotters—he had been without his clothes—his coat, waistcoat, and shoes were off—he had nothing in his hand that I recollect—I picked the top part of the poker off the floor—the other two pieces were put into my hand by somebody in the room, who took them off the floor—there were marks of blood on the head of the poker, as if a person had held the part which. Is put in to the fire, and struck with the other part—the prisoner said, "You thought to take me in, but I have taken you in, and it served you right"
—he said they wanted to come into his room, and they had no business there, he had paid for the room, and had a right to be there—no charge was made against the girl—I went with the prosecutor to the hospital—this instrument was put into my hand likewise—it appears to be a dirk out of a sword-stick, it was all over blood—I took the prisoner to the station-house.
JOHN SMALL . I am house-surgeon at Charing-cross Hospital. The prosecutor was brought there about half-past three o'clock in the morning—he had several contused wounds on the side of the head—the skin was broken in several places—there was no fracture—some of the wounds were about an inch or an inch and a half in length, but not a great width—they teemed to have lost a good deal of blood, and were bleeding very freely at the time he came in—the wounds were serious, but not dangerous—they teemed to have been inflicted by a blunt instrument—such a poker as this would inflict them—there were two or three wounds on the right side of the head also, which seemed to have been inflicted by a sharp instrument—a broken mug might have inflicted them.
Prisoners Defence. On Saturday evening I was out with a party in Leicester-square—I was going to Covent-garden, and met this girl who said she would take me to a house where I could stop—I went with her, and asked what they wanted for the room—they charged me 2s.—that woman left the room—I said I could lock the door, and should be safe—I went to bed, and in ten minutes (before the young women came to bed) Mr. Josephs broke the door open, and said 1 most take my things and go out as quick as I could—I said, "Give me time to dress myself," and said, "I won't leave the room till I have my money back "but he took my things and threw them out of the window—I took the poker and knocked at the window to call the police—he took the poker from me and we struggled for it—his wife came up, and a girl brought some boiling water—I called the policeman, and murder, and whatever I could—the policeman came up at last, and I dressed myself, and went with him to the station-house.
NOT GUILTY .
(On which no evidence was offered.)
NOT GUILTY .
Before Mr. Justice Park.
384. THOMAS BUCKLEY, JAMES BOWLER , and JAMES CARTER , were indicted for a robbery on James Prince, on the 20th of December, and taking from his person, and against his will, 60 yards of merino, value 7l. 10s., the goods of Charles Cooper.
JAMES PRINCE . I am in the employ of Mr. Charles Cooper, a draper of Tottenham. On Tuesday the 20th of December, about two o'clock, I went with sixty yards of merino to the Rev. Mr. Wallis, at Edmonton, for the house-maid to examine—I left it as she was engaged—I went for it again between four and five o'clock, it was then getting darkish—it was rather a large parcel—I carried it on my shoulder, and got as far as wag-on house-lane, about halfway home, when I saw three or four boys standing at the corner—I did not know them before—one of them pushed against me—I turned round, and he ran away—my bundle was still on my shoulder I stood still—I walked on again, and was pushed against again, but not by more than one at a time—I looked round, and recognised the prisoner Buckley—I am quite sure of him—I kept going on, and in a minute or so after I heard steps behind me, and before I could turn round, my
parcel was thrown off my shoulder from behind—somebody shoved it off it was pulled from behind me, and the measure which at that time I hid in, my hand, was twisted from me—I turned quickly round, and placed my foot on the parcel, which was on the ground—the road was dirty—I called, "Stop thief" as they all three ran away—I took up the parcel, and took it into a pastry-cook's just by—when I was coming from the shop, Carter came up to me with the measure and said, "Is this your measure, Sir, I got it from the boy?"—I cannot say Carter was one of the three boys—Mrs. Goodman helped me to pick up the parcel, which had come open, and the merino had get dirty—a person went home with me—the parcel was lifted forcibly from me behind—it is quite impossible it could have fallen—I had hold of it light—this is it—I was not struck at all.
JOHN FOWLER . I am a constable of Tottenham. On the evening in question, I was sent for to Prince by his master, and apprehended Buckley and Carter—I took them to Mr. Cooper's, and showed them to Prince.
EMANUEL HART . I am ten years old. On the Tuesday in question I had been to the baker's, and as I returned, near the pastry-cook's shop I saw Prince with a parcel on his shoulder, and a yard measure in his hand—I saw only Buckley and Carter there—I knew them before—I saw Buckley pull the parcel off Prince's shoulder behind him—it did not fall from him—I saw Carter push up against him, but did not see him take any thing—Buckley took the yard measure as well as the parcel—I saw Prince pick of the parcel and go into the pastry-cook's, and Buckley ran away with the yard measure—I saw him give it to Carter, and saw Carter afterwards bring it to Prince.
JAMES PRINCE re-examined. The moment the parcel was taken from my shoulder it fell to the ground—I consider that my putting my foot on it was the reason it was not taken away—they remained about a minute after I put my foot on it—I called, "Stop thief," and they all ran away.
Carter. I stood still; he called "Stop thief," and he asked me if there was a policeman. Witness. I asked somebody by ray side where a policeman was to be found—I did not observe in the confusion whether Carter ran away or not.
Buckley. We were playing, and some boys pushed at him—he made a hit at them—I took the cane away, and sent a boy with it. Witness. At the second push I turned round—that was before it was taken—in endeavouring to keep them off, I waved the yard measure round—that was all I did.
NOT GUILTY .
385. THOMAS BUCKLEY was again indicted for a robbery on Elizabeth Hudson, on the 22nd of December, and taking from her person, and against her will, 1/4 lb. weight of cheese, value 2d., the goods of Thomas Hudson.
ELIZABETH HUDSON . I am 11 years old, and live at Tottenham with my father. On the evening of the 22nd of December, at 25 minutes after 6 o'clock, I went for a quarter of a pound of cheese for my mother—on returning, between Marsh-lane and White Hart-yard, some boys came
behind me, turned my petticoats over my head, knocked the cheese out of my lap, and ran away with it—he took the cheese before he pulled my petticoats up—there were three or four, but I only know Buckley—I am sure he is the one that took the cheese away.
Prisoner. There were three along with us, a boy named Coleman, and Carter—they went before the girl, pulled her clothes up, and she dropped the cheese—I took it up and said, "Here is your cheese," but she would not take it.
GUILTY of stealing only. Aged 13.— Whipped and discharged.
Before Mr. Baron Alderson.
386. WILLIAM CAMBRIDGE was indicted for feloniously breaking and entering the dwelling-house of Samuel Mannell, on the 25th of November, at St. John at Hackney, and stealing therein 3 coats, value 4l. 10s.; 1 hat, value 5s.; 3 pairs of trowsers, value 20s.; 1 pair of shoes, value 1s.; 1 waistcoat, value 5s.; 1 handkerchief, value 1s.; 2 half-crowns and 3 shillings; his goods and monies.
SAMUEL MANNELL . I live in Lea-bridge-road, in the parish of St. John at Hackney. On the 25th of November I went out at two o'clock—I left no at home—I made the house fast—a neighbour gave me information body, and I went back about four o'clock—I found the front window open, which would enable a person to get in, and I missed the articles stated in the indictment—I have never found them since.
ROBERT BURRELL . I am a labourer. On the 25th of November I met the prisoner about seventy yards from the prosecutor's house, going towards it—it was after two o'clock—it might be a quarter to three—I am sure it was the prisoner—I did not know him before—we passed each other.
WILLIAM SAVILLE . I am a labourer. I was at work about six or seven yards from the prosecutor's house, and saw the prisoner throw the sash of the window up and step in—it was after two o'clock, but I cannot exactly say how much—he went in at the window, and shut it after him—I never saw him before, but I have no doubt of him—I saw his side-face as he went in—I remained there till dark—till six o'clock—I never saw him come out—I thought he was somebody belonging to the place, or he would not have gone in—I had not seen the prosecutor go out.
THOMAS JUDD . I am a policeman. I apprehended the prisoner—I called him by his name, and told him I wanted him for stealing clothes—he said, "If you do, I must go, that is all;" and on the road he said he should have the pleasure of seeing Dickey and Grigg, who were in Newgate at the time—I said, "Why?"—he said, "I am certain to he lagged" meaning transported—he afterwards asked me if I had found any of the clothes—I said no, and he laughed.
Prisoner's Defence. I said nothing about being lagged—he asked me if I had put the things away—I said no—he said, "If that is the case, I shall not say any thing about it"—about two months before, my mother came to live at the prosecutor's house—she got me to move her things there, and from that time told me not to go hungry, but to go there whenever I wanted victuals; and on Thursday, the day before this happened, I met Burrell—I went and knocked at the door, but nobody came—I went again about five o'clock, and the shoemaker's wife next door came out and said my mother was not at home, but was gone down to my sister's—I went away and next morning went with a man named Rutherford to Barnet, and slept
there that night, and then to St. Alban's, where I stopped till Wednesday morning; I then came back, and was apprehended.
SAMUEL MANNELL re-examined. The prisoner's father and mother did lodge in my house, but left two days before the robbery to go to loughton, in Essex—the window had been cracked before, and a piece of putty put to fasten it—when that piece was taken out, an arm could be put through to open it.
GUILTY of stealing under the value of 5l . aged 20.— transported for life.
Before Mr. Justice Patteson
SAMUEL ATLACK I am in the employ or Mr. Benjamin Dobson gale half-past five o'clock in the evening, I fastened the shop and window, I am certain four saws were safe on a shelf five yards from the window—they belonged to Mr. gale—i saw them next day in the hands of birch.
GEORGE HITCHING . I am a watchman at uxbridge, in the parish of hillington. In consequence of information, on the night of the 31st of December, I went towards Mr. Gale's just before three 0'clock in the morning—i was crying "past two"—i went to the shop, and found a window forced open—i saw two saws lying on the ledge of the window, not outside—powell, who was with me, took them up—i waited a little time while he was gone to fetch a light, and the prisoner bolted out of the window, and tried to escape, but I secured him.
JOHN POWELL . I am foreman to Mr. Lowell, of uxbridge. On the night in question I was watching my master's premises, and saw a person who I did like the look of—i followed him round to gale's shop, and saw the window open—i informed the watchman, and went with him to the window—i said, "there is somebody there"—i put my hand on the saws, and took them to my own house, while I went to call Mr. gale—and in the morning I gave him the saws, and saw him give them to birch—these are them.
(property produced and stoorn to.)
Prisoner's defence. there is a barn in the middle of a field, about a hundred yards from this one—i was going to sleep there, and saw this open; and as it used to be an empty barn, I went in at eleven o'clock, and about two 0'clock in the morning I heard somebody coming down the yard, and I came out—used often to sleep there when it was an old stable.
GUILTY . aged 19.— confined one year.
before Mr. Justice park.
388. JOHN M'PHERSON was indicted for stealing, on the 14th of December, at st. mary, islington, 1 watch, value 10l.;1 chain, value 1s.; and I key, value 6d.; the goods of john rowe, in his dwelling-house.
JOHN ROWE . At the time in question I lived in pleasant-place, lower-road, islington. On Tuesday, the 13th of December, I left my house to go to Gravesend, about nine o'clock in the morning—i left my watch on my drawers in my bed-room—i returned on Wednesday the 14th, between five and six o'clock in the evening, and missed my watch—i had an officer
in, and searched the house, and also the servant, but found nothing—I expected the prisoner, (whom I knew,) to come to the house that evening but he did not, and in about a week I had him taken up—I told him I took him in consequence of having found my watch at the pawnbroker's pawned by himself the previous morning—he said he would take care I should have it again—he said he had pawned it, and he gave his son the keys of his box.
MARY ANN ROWE . I am the prosecutor's daughter. My father vent to Gravesend on the 13th—the prisoner came to the house about five o'clock in the evening, and took tea with me—he was in the habit of visit-ing us—he remained three or four hours in the sitting-room—he was not in the bed-room—he came the next day between one and two o'clock, and asked if my father had returned home—he staid about half an hour—I left him in the sitting-room—I had brought the watch down to the sitting room on Wednesday morning, and put it on the table—he went away beltween one and two o'clock—my father returned at five o'clock—I did not miss the watch till then—we have known the prisoner a long time.
JAMES CLAUDIUS HUETSON . I am in the employ of Mr. Smellie, a pawn broker in Clarendon-square, Somers-town. I produce a gold watch which was pawned by the prisoner, on the 15th of December, for 3/., in the name of Charles Phillips—it would not fetch 5l. in the trade.
(Witnesses for the Defence.)
LOUIS ENGLAND . I am a builder. I have known the prisoner eight or ten years—he was formerly master of Clerken well parochial schools—in consequence of illness he became reduced, and I took him into my employ—he took one or two things from me, but I believe at the time he was completely insane.
WILLIAM JOHN LYON . I have known him eight years—I was one of the Committee of the charity schools—the prisoner conducted himself well there, till at last he became so deranged in his intellect we could not retain him—he became so violent we were obliged to put him into the workhouse, till his settlement could be ascertained—he was then removed to St. Pancras—this was three years ago—he had lucid intervals.
GUILTY of stealing under the value of 5l. Aged 53.—Recommended to mercy.— Transported for Seven Years. Recommended to the Penitentiary.
Before Mr. Baron Alder son.
WILLIAM MILLICHAP . I am a policeman. On the 26th of December at half-past ten o'clock at night, I went out of my house, in Holloway place, and went down the Liverpool-road—I saw the two prisoners, who I have known some time, carrying a large deal plank from an unfinished house in Liverpool-terrace—I took Wyatt, and Warrener ran away—I be lieve they lodged together—I took the plank to the station-house with assistance.
Wyatt. Q. Did not you say at the station-house that I had the plank on my shoulder? A. One end of it—the plank was three yards out of the
house when I went back—it was on both their shoulders—the plank is fourteen or fifteen feet long—I did not see them together before they go it.
Wyatt. Q. How far is it from my back door to where they found the other plank? Q. About a foot on the other side of the ditch—I did not see it found, but I saw where it lay—there is the mark of it now—it was at the back of a garden, about thirty feet from where Wyatt lived—rener'lodged with him.
JOHN BRITTEN GLENN . I have seen two planks which the policeman haft—-they are my property, and were in an unfinished house, in Liverpool—I terrace—we have used them all the summer—this is the one the policeman saw them with—I can swear to it, by a mark along the front, and again at the end—I was with the policeman when the other plank was found, about six yards from Wyatt's cottage.
Wyatt. Q. Did you take possession of my house, and turn my wife out? A. She was not at home—I got in at the door—it was on Tuesday, the day after you were taken—I did not see any thing of a plank in the garden—there was a little thaw on Wednesday, and then we saw it, it was covered with snow before.
Warmer. He said he could almost swear I was with him—I said I would swear I was not—he never offered to take me that night, but took me in the morning.
Wyatt's Defence. I had been out on boxing-day with some friends drinking, and came home about half-past ten o'clock; this man was about forty yards before me—there were a parcel of mortarheaps opposite the boose, and this plank laid there—I kicked against the mortar-heap, and was knocking the snow off my feet—the policeman came up and said "Halloo, what are you here at?"—1 said, "I fell down, and am knocking the snow off my knee"—two young men came by while he was holding me by the collar, and said, "What is the matter"—it was a clear moonlight night, and is it likely I should go to take this plank with a policeman close to me—it is nothing but spite against me—last good Friday I was singing, and the policemen broke into my house—I was taken to Hatton-garden and discharged next day, and they were severely reprimanded—since that they have been inveterate against me.
WYATT— GUILTY .—Aged 34.
WARRNER— GUILTY .—Aged 31.
Transported for Seven Years.
Before Mr. Justice Patteson.
JAMES HENRY ANDREWS . I am a policeman. On the 18th of December I was on duty in Three Compass-alley, Lower Shadwell, and saw the prisoner with this canvass—I stopped him, and asked what he had got there—he said, "Some old canvass"—I asked where he brought it from; he mid onboard the ship Grecian—I asked if he belonged to it—he said he' did saw it was a ship's sail—1 took him to the station-house, and went
and made inquiry—I found a barge by Cole's-stairs, loaded with rags—part of them were covered with a tarpauling, and the other part was not.
JAMES SHUTER . My father is a lighterman. On the 18th of December we had a barge lying at Cole's-stairs, loaded with rags—the head of the barge was covered with canvass—I have examined this; it is part of the canvass which covered our rags—it belongs to my father.
Prisoner's Defence. I met a sailor at the bottom of the stairs, who asked me to carry this canvass, and said he would give me twopence—I said, "Where did you get it?"—he said, "If any body stops you, say you brought it from on board a ship"—the policeman saw the sailor ran away.
GUILTY . Aged 16.— Confined One Year.
Before Mr. Justice Park.
THOMAS TREVELLIAN . I am a furniturebroker, and live in Old-street On Monday, the 12th of December, this brass mortar laid in my shop, about eighteen inches from the street—between eleven and twelve o'clock in the morning I was called out of the shop by a man, and saw the mortar in the prisoner's apron—the man said, "I have been watching this boy, and saw him take this mortar from your shop."
(Property produced and sworn to.
) Prisoner's Defence. It was outside the door—I took it up and put it into my apron.
MR. TRSVELLIAN. I am quite positive it was inside the door.
WILLIAM ARNOLD . I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office (read)—I was present at the trial, and am certain the prisoner is the boy who was convicted.
GUILTY . Aged 14.— Transported for Fourteen Years.
392. BERNARD REILLEY was indicted for stealing, on the 22nd of December, 4 handkerchiefs, value 3s., the goods of William help—2nd COUNT, for stealing, on the same day, 1 handkerchief value 2s. 3d.; and 1 yard of printed cotton, value 9d.; the goods of the said William Heap.
SARAH SMITH . I am the wife of Thomas Smith; my father, William Heap, is a draper in Philip street, Kingsland-road. On Thursday, the 22nd of December, I was serving in his shop, between one and two o'clock the prisoner and another boy came in—they asked the price of some cotton handkerchiefs in the window—I showed them some—they objected to them—I showed them others, which were not good enough—I showed them more, but they were not good enough—the prisoner said he would sooner have silk ones—I showed them some silk, which they looked at very attentively, and had them opened out, and while I was showing one handkerchief out to the other boy, I saw him as if he took something of the table, and stooped towards his trowsers—when I turned my eye towards him he turned to the prisoner, and said, "and he ran out at the street door—I followed him to the street door, but found he was gone too
far, and came in again—I had left my sister in the shop, and when I came back she showed me a yard of printed cotton—it was not on the floor when west after the other boy—the prisoner was detained till my father came borne, and then given in charge—we miss the silk handkerchief from the shop altogether.
LOUISA HEAP . I am nearly eleven years old. I was in the shop with my sister—she went to the door after the other boy, leaving the prisoner'in the shop—I saw him take and throw the handkerchief underneath the table—he took it from his left-hand pocket—I took it up and gave it to the policeman—I am certain I saw him take it out of his pocket.
Cross-examined by MR. PHILLIPS. Q. Did he remain in the shop with you? A. Yes—my sister was not away a minute—he did not attempt to ran my—I told my sister I saw him take the cotton handkerchief out of his pocket, and throw it down under the table.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILT Y. Aged 17.—Recommended to mercy .—Confined Six Months.
Before Mr. Justice Petteson.
MR. CLARKSON conducted the Prosecution.
WILLIAM BURTON NEWENHAM . I was residing at the Tavistock Hotel at the time in question. On Friday, the 2nd of December, I obtained some money at Esdaile's bank, a little before two o'clock, and placed it in my right-hand waistcoat pocket—I had a riding-coat on, which I buttoned—I then went to the west end of the town, to leave London, by a coach from the White Horse Cellar, about a quarter past three o'clock—I arrived there half an hour before three o'clock, and I went to lounge away the tine at the picture-shop at the corner of Sackville-street—I had taken off my Macintosh cloak, and had it over my arm, and my coat was un but-toned—while I was at the picture-shop I felt a pressure—I left the people who were about me, and put my hand to my waistcoat pocket, and the notes were gone—they were safe a few minutes before—I went back' to Esdaile's to get the numbers and dates of the notes, and stop their payment—one was a £100 note, and the other a £50 note—I had taken the numbers of them before, but it was written in pencil, and being effaced I thought it was best to go back to Esdaile's—these are the notes (Looking at them.)
Cross-examined by MR. PHILLIPS. Q. Had you a body-coat on? A. No—I had a Macintosh cloak on—a riding cloak—the Macintosh cloak was on my arm at the time I lost my money—I was opposite the print-shop window for about ten minutes—I cannot say I saw the prisoner 'there—my gold was under the notes—I have a distinct recollection of placing the notes above the gold.
MR. CLARKSON. Q. Was it a dirty or a fine day? A. Extremely dirty—there is no mark of mud or dirt on the notes now.
ALEXANDER MAXWELL . I am a clerk in Esdaile and Co's. banking-house. On the 2nd of December I paid the prosecutor these two notes in part payment of a cheque—the £100 note is "No. 7918," dated "the 2nd of November;" and the £50 is, "No. 6248," dated "the 1st of November, 1830"—the numbers and dates agree—I paid them to him at a quarter to two o'clock.
JOHN JOHNSON . I am shopman to Mr. Thompson of Grosvenor-row, Pimlico. On Friday, the 2nd of December, between five and six o'clock, the prisoner came to our shop with his wife—I knew him before as a constant customer at the house—he bought a silver watch, a chain, two seals, a key, and a ring; a hat, a jacket, two shifts, and five ring*—the whole amounted to 8l. 16s. 6d.—he also redeemed articles to the amount of 1l. 4s. 9d. which were in pledge, making in all 10l. odd—his wife gave him a note for pound/100, and he produced it to me—I asked him how came by it—he said that it had been forwarded to him by a solicitor from Ireland, that a rich uncle of his had died, and left him thirty or forty houses, and some acres of land, and he was going the same evening to the Cove of Cork in Ireland—I handed the note to Mr. Smellie the foreman, and he gave me change out of it—this is the note (Looking at it.)
Cross-examined. Q. Can you tell whether this name, "James Skerritt," was on the note when you took it? A. No, I cannot—the prisoner's name is on the note—that was not done in my presence—it was not on it when handed to me—it was indorsed afterwards—I know the address the prisoner gave—I was not certain whether he lived there—it is the address he always gave—he has frequently pawned things and redeemed them it our shop—I was perfectly acquainted with him.
MR. CLARKSON.Q. You knew him by the name of Convey very well? A. Yes—if he had given any other name, I should certainly have known it to be false.
GEORGE SMELLIE . I am foreman to Mr. Thompson. I remember the prisoner coming on the 2nd of December—I changed the note for him, and put his name on it—he said an old uncle of his had died in Ireland, and this money was forwarded to him to pay his expenses to Ireland, and he was going to the Cove of Cork, (I think he said next morning,) to take possession of thirty or forty houses and thirty acres of land, and he should not care and—if all his old uncles in the world had died, if they all left him things like that.
JOHN COURT . I am shopman to Mr. Collins, a linen-draper, Lower Sloane-street, Chelsea. On the 2nd of December, between three and four o'clock, the prisoner came and purchased two shawls, a cloak, and other things, to the amount of 5l., and paid me this pound/50 note—he told me it had been left him by an aunt who had lately died—he said he had had one the year before, which he changed at the Rose and Crown, and he was going to Ireland that evening—I asked his name, which I wrote on it—" "William Dunn, No. 1, Flask-street"—that was the name and address he gave—I wrote it down from his mouth.
ANN BROWN . I know the prisoner—he told me he was an umbrella maker—on Friday the 2nd of December, between three and four o'clock, he came to my house, and asked for change for a pound/50 note—I took it out of his hand, and asked him if he knew what it was—he said he did—I told him I could not do it; as I did not like to change it—I asked him how he came by it—he said, "By making two silk umbrellas at 26s. each"—I took it to my husband, and he would not let me change it.
Cross-examined. Q. How long had you known him? A. Three or four months—he used our house for beer, and lived nearly opposite us.
CHARLES ROBINSON . I keep a chandler's shop in Ebury-square, Pimlico. On the 2nd of December the prisoner came to our house between three and four o'clock, and produced a £50. note to be changed—I asked him where he got it—he said a gentleman had given it to him to get change—I told him I could not do it—he asked if I thought he could get it at the Flask—I said he might try—he then left—he called next morning, and bought a few articles of me—I asked him if he had got the note changed—he said, yes, he did, in Sloane-square—I know that he lived in Susanna-place, Flask-row—there is no Flask-street, to my knowledge.
Cross-examined. Q. You were not examined before the Magistrate? A. I was, at Queen-square—I believe my deposition was taken down—no paper was given me to sign—I had known the prisoner about six months—he has latterly been carrying umbrellas about to repair them.
LUKE NIXON . I am a police sergeant. In consequence of information, I went to Portsea in search of the prisoner, and from there to Brighton, where I apprehended him—I found a watch in his pocket, with a silver guard round his neck, and the seals hanging outside, and two rings on his fingers—we had a desperate fight at the end of Nottingham-street—there was an attempt to rescue, and he got away, and ran about half a mile, but I secured him again—on the road to London, he stated that he had two notes given to him—and afterwards he said his wife picked up the notes between Belgrave-square and Eaton-place, and he did not know but what they were ballads—he said they could not hang him, hot they could lag him, which means transportation.
Cross-examined. Q. Did you tell the Magistrate that? A. I did, I believe—I will not be certain—I cannot say whether I did or not—I do not swear I told the Magistrate so—I told the Magistrate about his saying he believed them to be ballads; I swear that—what I said was read over to me, and I signed it—I was desired to attend to it, to see if it was correct, but the court was so crowded, it was impossible to do so—I gave way for respectable people to come up—I heard the clerk read part of the deposition—he read it all, but I did not hear the whole of it—I signed it—I considered the clerk would not take down any thing but what was proper.
Q. In what was read to you, was there a single syllable about his being logged, or saying he thought they were ballads? A. About being lagged I will not say, but about ballads there was, I believe—if it is not in the deposition, it is my fault for not stating it—I cannot exactly swear whether I stated it or not.
MR. PHILLIPS contended that there was no evidence of the prisoner's Healing the notes from the prosecutor's person; and by his desire the deporation of Luke Nixon was read, which contained nothing about the prisoner's stating that he should be lagged, &c.)
GUILTY . Aged 28.— Transported for Life.
First Jury, before Mr. Recorder.
CHARLES BURNABY . I am a bootmaker, and live in Monkwell-street, silver street—1 know the prisoner, I was present at Christ Church Spitalfields, when she was married in March 1834—1 have a copy of the register—I have not examined it myself with the register—I had it delivered to me
at Worship-street office—the prisoner's name was Mary Ann Cole, when we went to the church; she was married there to William Goodall—I think the prisoner was about twenty-five, and the man about forty—he had been a sailor—I knew them well—they lived together I believe till about six months ago—I never visited them, and only know what I heard from the parents—I met them several times after their marriage, and have seen the living together as man and wife, in Well-street, St. Catherine's.
ROBERT COLE . I am a shoemaker, and live in Philip-lane, Wood-street The prisoner is my daughter—I was present at her marriage to William Goodall—she was between twenty-five and twenty-six at the time—the lived together about two years—he neglected her in maintaining her, and the was obliged to bring home money to support him—I have been machine in her company in Goodall's presence—I was present at her second marriage at St. Dunstan, Stepney, to James Machin—Goodall was not in the house when I left with Machin to go to church—I have never sworn that he re mained at home while we went to church—he did stay at home while we went to church—I do not know that he knew she was going to be married to Machin—Goodall remained at the Black Horse public-house, in Well street, while I went with Machin and my daughter to be married—we had met at that public-house before—nothing was said in his presence about my daughter being married to Machin—it was the latter part of the summer—I cannot recollect the date—I was in liquor at the time—Goodall was having with my daughter in Well-street, two or three days before—he is living, and is in Court now.
WILLIAM BROCK (police constable H 99.)I took the prisoner into custody, and took her to the station-house—she said she was married inconsequence of her husband neglecting her—I have a copy of the register of the marriage at St. Dunstan, Stepney—I have examined it with the books of the church—it is correct.
(The prisoner put in a written Defence, stating that her first husband had brought Machin home to his lodgings, that they had all three slept together, and in consequence of his brutal conduct, she had been induced to marry Machin.)
GUILTY . Aged 27.— Confined Six Months.
MARY HARMER . I am a widow, and live in Dunstan's-place, Ratcliffe I have known the prisoner a good while—I employed her in washing, and other matters about my house, for some weeks before the 3rd of December—on Monday, about the last day of December, I went to a chest in my bed-room, and missed from it the articles stated—I went to the prisoner's mother's, and saw her there—the mother gave me some duplicates, and the prisoner told me she bad taken the things and pledged them at Ash bridge's and Walker's.
Cross-examined by MR. PAYNE.Q. When was it you saw the prisoner's mother, and got the duplicates from her? A. A week before I took the girl—I did not suspect her till she acknowledged to it—I had no one but her and a person who lives in the house—I had not seen her before I went to her mother's—the person in the house wished to purchase the clothes for husband, who was mate of a ship, and on Monday night I went to the chest to look for them, and they were gone, and next morning I went to
the prisoner's mother's—I did not take her up for six days afterwards, because I had lost more, and I thought I should find the rest out—I have not taken the mother's note to draw 1l. 15s. for the value of these things—I never nude any agreement to do that—I know Mrs. woodcroft—I sent her to the prisoner at first.
Q. Did you not tell Mrs. Woodcroft to tell the prisoner, if she Would tell I that the had done with your property, you would freely forgive her? A. No—I told Mrs. Woodcroft if the prisoner would acknowledge to the waistcoat of my father's which she had taken 1 would forgive her, but the waiscoat I took out, and that has nothing to do with this—I swear positively I did not say if the would tell me what she had done with my property, I would for-. give her—I told the prisoner's mother, when she gave me, the duplicates, that the things would not be safe in that way, and she transferred them to me at Mr. Walker's—I did not agree to take her monthly note, and draw 1l. 15s. to redeem the property—I did not promise not. To prosecute the prisoner—the mother would not comply—I asked her to do so—I told her if she would, before witnesses, give me the note, and write an order out every month, I would get the things out, for I did not think they were safe is a pawn-shop, and she replied she would not such thing; she would not distress her children for her—it was after I sent Mrs. Woodcraft that the mother gave me the duplicates—I found the prisoner at her mother's house the same as usual—I missed the waistcoat at the same time as these things—I did not send Mrs. Woodcroft with any message—I have not said that I did—I sent her to let the mother know this—I did not say I would forgive her except about the table-cloth.
JOHN MUCKLEFIELD . I am in the employ of Mr. Ashbridge, of Broad-street, Ratcliffe I produce a pair of trowsers, which were pawned on the 3rd of December, by the prisoner, for 10s.; and a coat and a handkerchief, on the 5th of December, for 17s., also by the prisoner—I knew her per-son, and am quite sure I am not mistaken.
Cross-examined. Q. Did you know her before? A. Yes—she used to live in Queen-street—I have not a doubt about her—she gave the name of Mary Taylor, pledging them for her mistress—Mrs. Mero came to our shop last Friday, and I went with her to Mrs. Harmer, as she said Mrs. Harmer had received 35s. to redeem the things—I went there, and it seemed she had not the money, but she held a monthly note—that would enable her to receive 35s. a month—it appeared she had had it previous to this affair, and was willing to retain it till the money was paid—Mrs. Mero was not willing at first; but last Friday, when she came to me, she was willing, and Mrs. Harmer said she had no objection.
JAMES GOULDING . I am shopman to Mr. Walker. I produce a pair of trowsers—I cannot say they were pawned by the prisoner, because I was not present; but they were had down, by order of the prisoner's mother, to be transferred from the name of Taylor to Mero—this ticket is in my handwriting—it is a fresh ticket—the clerk has put down the word pledged in my deposition, but I never used the word—I told him they were transferred.
Cross examined. Q. Did you say any thing to the Magistrate about
her having owned to taking the things? A. No, I did not—I do not know why.
(Property produced and sworn to.)
GUILTY. Aged 16.—Recommended to mercy .— Confined Seven days.
STEPHEN SAWKINS . I live at Barking, and deal in hay and straw. On the 29th of December I had a load and a quarter of straw, which I brought to town on my own account—when I got to the Commercial-road the prisoner came up to me—I had never seen him before—he said, "How don the straw trade go?"—I said, "I hear it is rather dear to-day"—he said, "I am going up to town to buy a load for my master, Mr. Hunter, ironmonger, monger, Commercial-road"—he stood at their gate at the time—I said, "I have a load and a quarter"—he said, "A quarter does not signify"—he asked the price, "I said 38s., but as it was going in at the gate I would take 36s.,"—he said "Very well, we will have it," and told me to go into the back street, as he could not go in that way—when I got there, he said, "We have got another place, come on," and he took me further on, to the toll-bar in Back-lane, Cannon-street—the toll man ran after us for the money—he said, "I will pay you when 1 come back"—we turned the corner, by the chandler's shop—he then said, "Our clerk lives here; 1 am going to leave part of it here"—we unloaded three quarters of a load—he then said, "Come, on and let us unload the other"—he went on to the turnpike, sod paid the tollman—he then went before me, to get the gates open at Mr. Hunter's, to leave the rest, but I saw no more of him till last Saturday—he absconded—I ran back directly to the corn-chandler's where I bad left the three quarters of a load, and found he had been paid for it—1 expected to be paid when his master took it all in—he said he was the hub who belonged to that yard, and when 1 got to Hunter's, they said they did not know any thing at all about it—I did not mean to part with it without the money—he did not state to me who was to pay—he agreed for 36s. A load, and said he bought it for Mr. Hunter, the iron-founder, and that he was his groom—1 put the trusses off the cart to him, and he pitched them into the corn-chandler's passage—all the trusses were in his hands—I in tended to sell it to Mr. Hunter—I allowed him to take possession of it, under the belief that Mr. Hunter's clerk lived there—I believed he was telling me the truth all the time—I made do bargain to be paid for a part, but for the whole—I expected the money when I delivered the rest of it at Mr. Hunter's should not have left it there without being paid for it—I expected Mr. Hunter to pay for it.
ANN IVES . I am the wife of James Ives, a corn-chandler, in Back road, St. George's. The prisoner came on the 29th of December, about half-past nine o'clock, and said he had a loud and a half of straw, he had sold three quarters of it to Mr. Hunter, and would I buy the remainder—I asked what it was a load—he said 33s.—I said my husband was not at home, but I would send for him—he said he would be back again in a few minutes—he went away, and I did not see him for an hour and a half or two hours—in the mean time, my husband came home and went out again—the prisoner came again, and asked if I would have the straw—I said I had only 1l. 2s. 6d. in the house—hesaid, "Never mind, I and your husband will arrange that when we come up again"—1 said, "Very well
leave it then"—the countryman then brought the straw to our door, and delivered twenty-seven trusses out of the cart to the prisoner, who put it into our yard—I paid the prisoner 1l. 2s. 6d., and I saw no more of him till he was in custody—Sawkins came in about a quarter of an hour, and asked I knew the man—I said, "No"—the prisoner brought the straw about half-past eleven o'clock—we very often buy straw in that way.
RICHARD BARBER (police-constable K 250.)In consequence of inform-action, I went to No. 5, Bluegate-fields, and found the prisoner under a bed there—I said I wanted him—he said, "What for?"—I said, "Do you recollect dealing with a countryman to-day about some straw?"—he denied it, bat afterwards said he had, and received 1l. 2s. 6d. on the straw—I found 4s. on him—the house was let out in apartments.
STEPHEN SAWKINS re-examined. I should not have left the remainder of the straw at Hunter's without my money—if I had not been paid there I should have gone and taken away what I had left at the, corn-chandler's I did fro back when I found he had run away, but they would not give it me, because they had paid for it—Mr. Hunter's yard was no strange yard to me—I did not intend to lose sight of the prisoner till I got my money, but he went forward to open the gate—the corn-chandler's is not a quarter of a mile from Mr. Hunter's—it was a ready money bargain—it is always for ready money when we sell it going along—I did not mean to lose sight of the whole bulk of straw till I got paid for it—I would not have let him have the three quarters only.
GUILTY . Aged 36.— Transported for Seven Years.
NEW COURT.—Thursday, January 5th, 1837.
First Jury, before Mr. Common Sergeant.
GUILTY. Aged 21.—Recommended to Mercy .— Confined One Year.
THOMAS SHEARMAN . I am a whitesmith, and live in Duke-street, York-street, Whitechapel-road. About twelve o'clock at night, on the 20th of December, I was coming from a club in the Borough—just as I got to Aldgate, the prisoner laid hold of my arm, and said, "Won't you go home with me?"—I said, "No"—she asked me to give her something to drink, and we had a pint of ale in a public-house, we were a very few minutes there—she then took me up a turning—I did not like to go, but she hold of my arm—I would not go any further—we stood talking a few minutes—she was handling me, and all in a minute she ran away from me—I immediately put my hand into my pocket, and missed my money—I could not find her—when I came out of the club-house I put my hand into my pocket, and had 15s. or 16s.—I am not certain which—I spoke no other person—she was the only person who had an opportunity of taking it—l had three half-crowns among my money.
RICHARD THOMPSON (police-constable H 69.)On the 21st December, between twelve and one o'clock, the prosecutor came to me, and said he had keen robbed by some north country girl—I went about for three quarters of an hour, and took the prisoner—in going down Osborne-street she dropped something—I asked what it was—she said a sixpence—I took her to the station—she said she had no more money, it was no use to search of her tat in her hand I found 15s., and among it were three half-crowns.
Prisoner. The money is my own—I had been to the theatre, and hid changed a sovereign—I went into a public-house—the prosecutor was there, he insisted on my having a glass of something at his expense, I refused, and said I had money, and showed him the change—he would make me take a glass—I then went out to look for my friends—I was going home, when the policeman and the prosecutor came and took me—he was so much in liquor as to be hardly able to stand.
NOT GUILTY .
JAMES OLIVER . I am shopman to Robert Richie and Boyd. Cheese mongers, High-street, Shadwell. On the evening of the 15th of december I missed some bacon—I received information, and pursued the prisoner An another in company with him—I saw the prisoner throw down the bacon—I took it up—this is it—it is my master's.
JOHN SCOTT . I sell greens and fish, and live in Match-walk. I keep a stall within one door of the prosecutor—I saw the prisoner take of a bit of bacon, which had been bought, as I supposed, by some one who had paid for it—he was brought back by the policeman—another young lad was with him who was rather taller.
GUILTY . Aged 9.— Transported for Seven Years.
JAMES ORROCK . I am shopman to John Nelson Kiddle, of Wentworth-place, Mile-end. About seven o'clock in the evening of the 16th of December, these two girls came to look at a shawl—I showed them several, I misted one, and told them so—they had been there about a quarter of an hour—they inquired if I had not found it—I kept looking about the counter—I then sent a boy for a policeman, who took them—I told one of the policemen to walk behind and observe them—this is the shawl—it is the second I had shewn them.
Cross-examined by MR. PAYNE. Q. You did not see the shawl drop ped? A. No—I have a mark on it—one policeman took them along another followed them, and I followed him.
Cross-examined. Q. Were there any other females going along the street? A. Not near them—I went directly to it, and picked it up.
MR. PAYNE to JAMES ORROCK. Q. Did either of them buy any thing? A. Yes; a small bit of calico, which came to 1s. 1d.—14s. was the lowest priced shawl—they said they wanted one about 1l—they offered to be searched—the officer said he would take them to the station, to be searched by a woman—one said the other was her sister—they both sat together—Pavne tried on the shawls.
GADBURY— GUILTY *.—Aged 14.)
PAYNE— GUILTY *.—Aged 17.
Confined One Year; Last Six Weeks Solitary.
GEORGE DURANT . I live at Stamford-hill, and am not in any business. 0N the 16th of December I was passing along Cornhill, about twelve at noon, and felt a person's hand at my pocket—I turned, and the prisoner was close behind me—I said, "What are you doing at my pocket?"—there was a girl by his side, and I observed him hand something over to he—I put my hand into my pocket, and discovered he had taken my snuff-box, which I bad used not a minute before—the girl walked off as fast at she could—I accused the prisoner of stealing my box, and gave him to the officer—I am sure it was his hand that was in my pocket, and that he handed something to the girl.
Prisoner. I was going by, and was a yard or a yard and a half from him be turned and laid hold of me, and let me go, and then he came to me again, and said he had lost his snuff-box, and had seen me give some thing to a girl—the only female who was passing, was quite a lady?. Witness. She was such a lady, as he is a gentleman.
GUILTY . Aged 21.— Transported for seven years.
402. RICHARD THOMPSON was indicted for stealing on' the 22nd of December, 16 yards of carpet, value 1l. 7s.; and 1 bag value is the goods of Sarah Reynolds—2nd COUNT, stating it to be the goods of John Britten Glenn.
SARAH REYNOLDS . I live in Rudduck's-buildings., Bithopsgate. I gave 16 yards of carpet, on the 22nd of December, to Glenn between seven and eight o'clock in the evening—I believe this to be it—this is the bag I gave him with it.
Cross-examined by MR. PAYNE. Q. How do you know the bag? A. By having it in my possession for the last ten years, and it is my work—I have put pieces on it with a particular thread—I am a widow—I gave it to glenn to take it to a person to see if it was approved of.
HENRY GLENN . I am a carrier. I received this carpet and bag from my brother John Britten Glenn—I was driving his cart—I went to No. 39, Bishopsgate-street, and left the cart for a few minutes, about half-Pat eight o'clock, when I returned, the carpet and bag were gone.
HENRY DAVIS (police-constable G 199.) About half-past eight o'clock I was in White Cross-street, I met the prisoner carrying this carpet and bag on his shoulder—I took him—I asked what he had got—he said a Piece of Turkey carpet, which he got from Mr. Moore in Kingland-road.
Cross-examined. Q. Have you been to Mr. Moore's? A. No.
GUILTY .* Aged 20.— Transported for Seven Years.
403. JOHN HOOD was indicted for stealing, on the 30th of December, 5 half-crowns, 5 shillings, 4 six pences, and 6 pence, the monies of Ellen Ann haggart.—2nd COUNT, stating them to be the monies of James Grundy.
ELLEN ANN HAGG ART . I am single, and live at the George the Fourth public-house, East India-road—I carry on the business for Mr. James Grundy. On the 30th of December, about four o'clock in the afternoon, the prisoner came to the bar and asked for change for a sovereign—I said, I would see—he said unless I could give it, he could not have a pint of beer—I sent the change by my niece, and he sent a supposed sovereign—he was in the tap-room, and I was in the bar—she laid it on the table—it turned out to be a medal—I went and found the prisoner in the Grave Maurice, Bromley—I asked him if he had been to the George the Fourth, and changed a sovereign—he said, "I have not been out of this house"—I said, "I am certain you are the man, who had change and gave me a bad sovereign"—he said he could give the change back again, and make it all right, but the policeman would not allow it.
Cross-examined by MR. PAYNE. Q. Do you keep this house? A. I and my sister superintend it for Mr. James Grundy—the policeman and Matthews came in while I was speaking to the prisoner—I do not know whether they heard him deny it—the instant he saw the policeman he acknowledged it.
WILLIAM MATTHEWS . I was at the George the Fourth, at near four o'clock—I saw the prisoner reading the newspapers in the tap-room—I saw the little girl come in with some silver in her hand, and give it to the prisoner—I saw him give her something—I did not particularly notice what it was—Miss Haggart afterwards came to the door, and said, "Which way did that man go?"—the prisoner had gone out then—he called for a pint of beer, which a boy brought him, it might be three or four minutes before he went away—I took the policeman to where he was, and the prisoner said if he had given her a bad sovereign, he would make it all right.
JAMES MURRAY (police-constable K 77.)I received charge of the prisoner—he pressed very hard to give the change back, but I would not allow it—I searched him, and found five half-crowns, five shillings, four sixpences, and 61/2d. in copper—while stating the charge to the Inspector, the prisoner ran into the cell—I quickly followed him, and he was stooping down—I took him by the collar, and brought him back.
Cross-examined. Q. How far was he taken from the house of the prosecutrix? A. Not above fifty yards—I do not know that he lives next door to where he was taken.
CHARLES WYKES (police-constable K 259.) I went after the prison into the cell, and found there this purse and twelve medals, which look like sovereigns—here is William the Fourth on them—I told the prisoners I had found them—he did not say any thing then, but in going to the office he said the purse and its contents were his.
(The prisoner received a good character.)
GUILTY. Aged 56.—Recommended to mercy by the Jury and prosecutor.
Confined Three Months.
404. JOSEPH CHARLES SPICER was indicted for stealing, on the 22nd of December, 1 medicine-chest, value 3l., the goods of Charles Armstrong and another.—2nd COUNT, stating it to be the goods of Thomas Eley.
THOMAS ELEY . I am porter to Charles Armstrong and his partner, chemists and druggists, Fenchurch-street. On the 22nd of December I was taking a truck with some medicines to the East India Docks, with my fellow-servant—we went into a public-house—there was a medicine-chest
in the truck—when we came out the chest was gone—I ran down Cannon-street-road, and saw the prisoner running—he had nothing with him—the chest is here.
Cross-examined by MR. CLARKSON. Q. Who was your companion? A. William Roberts; he is not here.
SUSANNAH LINYARD . I am a widow, and live in Walwyn-street, Commercial road. I was sitting at a corner, selling apples, and saw the prisoner take a box out of the truck—I went into the beer-shop, and gave information—there was two more with him—he put it on his shoulder and went away.
Cross-examined. Q. Is that what you have always said about it? A. I cannot say any other—I had not seen him before—there were two persons with him—I should not know them—I cannot tell whether he had shoes or boots—he had a hat.
COURT.Q. Was he brought back? A. No, he was taken to Lambeth street.
SILAS TUCKER . I live at No. 30, Barlow-street, Commercial-road, and am a painter. I came along William-street, and heard a box fall, and saw the prisoner running—no one was on the soot but the prisoner—I cannot say exactly that I saw him drop it—1 looked more to the box after it fell—I thought I should stop him; but while I was thinking he ran off down Cannon-street-road—I pursued, and saw him turn down John-street—I ran down another street and met him—I saw him in custody—the prisoner is the man that was there when the box dropped.
Cross-examined. Q. How near were you to the place? A.. I was on one tide the way and he on the other, I should not think so much as thirty yards from me—it was between twelve and one o'clock—I did not tee him taken—when he dropped it he was full facing of me—I pursued a short distance—the box was dropped at the corner of langdale-street, William-street, Cannon-street-road.
Cross-examined. Q. How far was he taken from the corner of lang-dale-street? A. About thirty yards.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy .— Confined Three Months.
WILLIAM MILLER . I live in Mount-pleasant, and am in partnership with James William Ball. The prisoner was in my service four or five months—I paid him weekly—on the 12th of December I sent him to samuel Clark with some hand-bills, and an account receipted—his duty was to receive the money, and bring it back to me—I never saw him again ill he was in custody.
GUILTY * Aged 14.— Transported for Seven Years.
RICHARD COPSEY . I live at Norton, in Essex, and am a butcher. I loft a coat off my horse, on the 3rd of January, about a quarter put six o'clock in the morning, while I was gone to Mr. Venables—I was away about two minutes, and it was gone when I returned—this is it.
JOHN BARKER . I am a patrol of Farringdon-ward. I was on duty, and saw the prisoner take the coat off the horse's back in Newgate-street—he put it on his arm, and ran down Butcherhall-lane—I took him there with it—he said he had found it.
Prisoner. There was another young man with me. I had received some money the night before, and we staid out all night—when this officer came to me he said, "I thought it was another that took it, but 1 could not get him." Witness. No, I said I did not think it would be you that took the coat; I thought it would have been your companion: because I had seen him take the trouble of taking up some hay, and giving it to the horse.
GUILTY . Aged 21.— Transported for Seven Years.
JOSEPH BEASMORE . I live in Litchfield-street, Soho, and am a harp maker. About twelve o'clock at night, on the 21st of December, I was it company with James Turner—I had a sovereign in my pocket—the priSoner came and took hold of me, she put her hand in my right-hand pocket, and took the sovereign from it, and put it in her mouth—I seized her throat—she put it out into her hand, and tried to put it into her shoe—I would not let her do that, and she put it into her mouth again—I sent for the officer, he came and took her.
Prisoner. He followed me, and said he would give me 1s.—I said I did not want him—he said he had a girl of the town that he lived with Witness. No, I did not—I live with my parents—I did not say I hoped to make as good a job of this as the last, when 15s. was my share.
JAMBS TURNER . I was with Beasmore on this occasion, in Litchfield-street—the prisoner came up and spoke to him, saying something about knowing him—she put her arm round his neck, and put her hand in his pocket, took his sovereign and put it into her mouth—he said, she has got my sovereign"—he ran after her across the road, and seized her—she put the sovereign into her hand, and then tried to put it into her shoe or boot—he prevented her from doing that, and she put it into her mouth—I never saw it afterwards.
Prisoner. There was no one with the prosecutor—you were not there Witness. Yes, I was.
Prisoner. I told the Magistrate that the prosecutor gave me into custody as he had given me a sovereign for a shilling, and the policeman said he could not take me for that—the prosecutor then said, "Well, she took it from me," and then the Magistrate asked him if that was the case, and be said, "I don't recollect." Witness. Nothing of the kind passed.
Prisoner. When he came the second time to me he said he would take what I had got; I said I had but half-a-crown and one shilling; and I said to the policeman, "Take notice of what this man says"—the prosecutor
came and said to the policeman, "Do not mention the first charge; it will be something in your way."
GUILTY . Aged 28.— Confined Six Months; six Weeks Solitary.
408. JOHN HORTON was indicted for stealing, on the 15th of december, 1 watch, value 20s.; 1 guard, value 6d.; 1 key, value 2d.; the goods of Samuel Albone: and 31/2 yards of cloth, value 30s., the goods of John goode.
JOHN GOODE . I live in Brick-lane, Bethnal-green. I had three yards and a half of cloth in two pieces, on the 15th of December, on which morning the prisoner absconded from my house—he was not a servant, but he lived in my house—this is the cloth, I am sure of it.
SAMUEL ALBONE . I lodged at Mr. Goode's—he is a tailor. The prisener lodged in the same room where I was, but slept in a different bed—I rent to bed on the 14th of December, and put my watch on the table, by the tide of the bed—I was awoke between five and six the next morning by the prisoner getting up—it was earlier than usual—he said he had to clean some pans—he went away, and came again in about three quarters of an hour—I got up about eight o'clock, and missed this watch—it is mine.
Prisoner's Defence. I went to the Pavilion with a young boy on Monday night, and he gave me some liquor, the next day I met him again, and he said He was going to take a ship—I said I had got no money—to—said, could I get any thing out from where I lodged, and he would pawn it—he took the watch to one pawnbroker, and they would not give more than 9s. on it—I went and got 12s.—I went and pawned the cloth—then he took me down to Sheerness, and said he would get a ship for me, and we slept at a public-house—he then took me to Chatham—he could not get a slip, and we came back to London—we saw a thimble-rig—he had got my watch, and put that against a sovereign, and lost the watch, and then be sent the officer for me—his name is close.
GUILTY . Aged 17.— Confined Six Months; Six Weeks Solitary.
409. SARAH ADAMS was indicted for stealing, on the 27th of december, to, 1 coat, value 15s.; 1 pair of trowsers, value 9s.; and 1 waistcoat, value 6s.; the goods of William Kirby: 1 cloak, value 8s.; I shawl, value 14s.; 2 gowns, value 14s.; 1 flannel petticoat, value 3s.; 1 handkerchief, value 6d.; and 1 pair of stockings, value 16d.; the goods of jessy kirby; to both of which she pleaded
GUILTY . Aged 20.— Confined Six Months.
GUILTY . Aged 34.— Confined Six Months.
411. ELLEN COFFEE was indicted for stealing, on the 22nd of december, I shawl, value 20s.; 1 ring, value 20s.;1 spoon, value 3s. 1 spoon, value 3s.; 2 sleeves, value 1s.; 1 neckerchief, value 3d.; 1 pillow-case,value 3d.; 1 yard of carpet, value 8s.; 1 wine-glass, value 10d.; 1 hand-kerchief, value 2d.; 2 knives, value 1s.; 4 forks, value 1s. 6d.; and 3 valances, value 3s.; the goods of Edward Lewis, her master.
CAROLINE LEWIS . I am the wife of of Edward Lewis, of Albany-street, Regent's Park. The prisoner worked for me as char-woman since April last—I lost these articles—she left me—I found her, and charged her with this—she said she had not the worth of a pin—I said, if she would give me the duplicates, I would forgive her; but she said she had none—I gave her in charge, and sent to her lodgings, and found several articles there—the shawl is not found—this is the shirt, and this carpet, these knives and forks, wine-glass, cups and saucers, they were found at her lodgings on the 27th of December—she had not been working for me from the 17th.
Prisoner. She owed me 3*., and she gave me two shirts, one to take to be washed, and the other I might pledge for 2s.—the carpet had been left in her wash-house—I washed it and took it home, she knew it—the cups I had taken home with some victuals which the lodgers had left; and a basin she gave me to take something home in—I did not intend to keep them.
GUILTY . Aged 33— Confined Three Months.
JAMES SORRELL (police-constable K 110.) Last Saturday evening, at half-past six o'clock, I was in Devonshire-street, and heard a great noise in an uninhabited house—t saw the prisoner come out of the window, and we found this apron in the house.
NOT GUILTY .
413. ROBERT DUNNING was again indicted for stealing, on the 31st of December, 12 panes of glass, value 12s.; and 2 glased window-sashes, value 30*.; the goods of John Barnes, and fixed to a certain building; against the Statute, &c.
THOMAS TURNER . I am employed by Mr. John Barnes as foreman. He has a house in Devonshire-street, in the parish of St. Matthew, Bethnal-green—I saw the glass and windows all safe on the 27th of December—I saw them again on the 2nd of January, and found the back parlour sashes cut out and gone—these are the sashes and frames cut to pieces, and this is the glass of them.
GEORGE FREEN (police-constable K 188)I was going past this house on the 31st of December, and heard a noise at the front parlour window as though some persons were taking out the sashes—Sorrell, who was with me went to the back, I stayed in the front—some persons rushed to the front door, and then ran back, I then sung out, "They are coming to the back—
I saw the prisoner jump from the end of this house into the field—he ran nearly a quarter of a mile—we brought him back, and a man on the premises got in at the window and unbolted the door—we found these sashes and glass, and a candle a-light, and two hats, and a large spike gimlet—the prisoner had to hat on—we found 13s. 6d. on him—the front sashes were cut down also, one of them was taken to the back room, and they had began to take that to pieces—the prisoner pretended to be quite ignorant, and said he had not been in the place, but we were certain that he came from the premises—the other man had escaped, we suppose, while we went after the prisoner.
Prisoner. Q. How could you see me get out of the window, when I was coming past the house? A. I saw you come out of the window, and I followed you—you fell down three times—you were very much ex-busted, when I took you.
Prisoner. I was not near the premises, not within twenty yards.
GUILTY . Aged 28.— Confined One Year; Six Weeks Solitary.
sixth jury, before Mr. Sergant Arabin
JOSEPH LEFTLEY . I am a carrier. On the 29th of December I had charge of a basket to carry to the charity-school at Limehouse—I saw it untied, and there were fifty pairs of shoes in it—I was right against the Commercial turnpike, and told my little boy to. wait there with the cart while I went to fetch a parcel—I was gone a few minutes, and saw the prisoner take the basket from the cart, While I went to fetch a parcel—I was gone a few minutes, and saw the prisoner take the basket from the cart, and run away with it—it was tied to my cart—I ran across the road, and he turned down Little Turner-street a few yards, I took him with the basket on his shoulder.
Prisoner. A. Was you not tipsy? A. No—I did not say, "Let this gentleman hold you while I take another"—I did not let you go at all—you were close to the basket all the time—you are the man who took the basket from the cart.
Prisoner. Q. Did I not say, "Hare comes a policeman, let him take me"?' A.. I did not hear you—the prosecutor was quite sober.
GUILTY , Aged 17.— Transported for Seven Years.
WILLIAM MASON . I am a seaman, and belong to the Ann, a north-country ship On Monday last I fell in with the prisoner at Wapping—it was towards evening—I was a little tipsy, but I knew perfectly well what I was about—we were walking together, and got into conversation—we went into a public-house—I had just changed a sovereign, and had 15s. 9d. in my breeches pocket—after we left the public-house, we were going down Nightingale-lane—she was on my left side—she slipped her hand into my pocket very quickly, and before she got it out I clapped my
hand upon it, and asked what she was doing—I told her to return the money, or I would call a police-officer—she would not return it—I had my hand on her hand—she said she would not give it me—I called the policeman, who came up immediately, and found the 15s. 9d. in her hand.
Prisoner. Q. When I came on shore at Execution Dock, did you not come to me and ask me to have something to drink? Witness. I was not there at all; I was in Wapping.
FRANCIS ULLISTHORNE (police-constable H 169.)I was on duty on Monday evening at half past eight o'clock—the prisoner and prosecutor came over the bridge, and turned into Nightingale-lane—they got a little way down, and stopped a minute, and he said to her, "Give me my money?"—she said, "I have not got your money"—I asked what it was—he said, "This woman has picked my pocket, I give her in charge"—I got hold of her hand and said, "What have you got here?" she said, "That is my money, there is six or seven shillings, I do not know which" I found three half-crowns, six shillings, and four sixpence, two penny pieces, and two halfpence, 15s. 9d. in all—she then said she had been with some friend, a captain, who had given her the money.
Prisoner. Q. Did I not give it out of my hand? Witness. No, I had to force it out.
Prisoner's Defence. I know Captain Smith, and had been in lodgings with him—he took me down to Limehouse—I stopped there a week, till he went down to the ship—he came to me last Sunday, and went the next morn-ing to the ship—he said to me, "Come down to Black wall, and I will give you some money"—I went, and he gave me six half-crowns and four shilHogs, I bad spent sixpence out of it—I had two pints of beer, and a penny-worth of bread and cheese—I left him about half past three o'clock, and the ship has sailed—I came on shore at Execution Dock, and met this man—he treated me with a glass of gin—I gave him a drop of rum, and then we had a quartern of gin—I paid for it—I then called for a pot of half-and-half—It came away, and had not got ten yards before he came and said, "I am going with you"—I said, "No, you are not"—he said, "I have but 2s.—he was then pulling at my handkerchief, where my money was, and I took the money in my hand.
JURY to WILLIAM MASON. Q. Where did you change your sovereign? A. At the sign of the Gun at Wapping—John Alexander, from Aberdeen, is the master of my ship—I had been two weeks in London—we brought up grain, stone, and cattle.
GUILTY . Aged 18.— Transported for Seven Years.
JOSEPH RUSTON . I keep the Anchor and Hope at Shadwell. On Monday last, between eight and nine o'clock, the prisoner was in my tap-room with some others—I had a goose roasted—my wife had taken it from the spit, and put it into the dripping-pan before the fire—when we were about to sit down to supper, the goose was gone, and the prisoner too—I got information—I got an officer, and took him at another public-house kept by a widow—I do not know the sign—his mouth was all over grease—it appeared as if nobody had taken any of it but himself, and that was by putting it to his mouth and gnawing it—the prisoner was employed by me.
goose—the prisoner ran out of the tap-room with it, and let it fall; picked it op, and as he was going, out, he bit one of the legs off, and left it there—he went to another public-house—I went in after him, and saw him gnawing the goose—I went and told the prosecutor.
Prisoner. Q. Was there any body else in the tap-room? A. yes; between fifty and sixty—they were talking in Irish.
Prisoner. They said the goose laid before the fire till one party could win it, and if I took it to the public-house, one party would fetch it back and give roe a pint of gin.
GUILTY.—Aged 30.—Recommended to mercy .— Confined One Month.
417. JOANNA SULLIVAN was indicted for stealing, on the 2nd of January, 2 caps, value is.; 10 yards of lace, value 8s.; 1 shoe-horn, value 2d.; 2 pairs of stockings, value 2s.; 1 handkerchief, value 6d.; 75 pence, 35 halfpence, and 26 farthings; the goods and monies of James Medcalf, her master.
JAMES MEDCALF . I am married, and keep the Rising Sun beer-shop in Nassau-place, Commercial-road—the prisoner lived servant in my family, about three months—I then discharged her, and she was away four days—the then came again, and we missed some property—I keep my money in the bar where I keep my pots and glasses—I taxed her with having taken stone cap-strings and a handkerchief—I found this cap, my wife's stockings, seventy-five penny pieces, thirty-five halfpence, and twenty farthings in her box—I paid her 2s. a week—the first Sunday she came we advanced her two weeks to redeem a gown, which was is., And I paid her 2s. on the Monday evening, in silver.
Prisoner. You did not find any thing in my box but a cap and one stocking, which my mistress gave me to wash—the money I had given me for Christmas-boxes, and some my father had given me—my mistress told me to put the washing by—I had no where to put them, and I pot these in my box. Witness. She had not above 1s. in Christmas-boies, and this money she had accumulated during the last week that I had given her warning.
Prisoner's Defence. My father gave me a 5s. paper of halfpence last Sunday night—I have got witnesses to prove it, I put all the things into my box, and told my mistress they were there.
MARY DONOVAN . I was up at the prosecutor's last Sunday, with a young woman—I do not know the sign of the house—I am not related to the prisoner—I was there accidentally—I live in the neighbourhood—it is Medcalf's, in the Commercial-road—I went in there about five o'clock, and the prisoner's father came in about half-past five o'clock, and she blowed him up for not bringing her things out of pledge—she scolded him, and then he put his hand into his pocket, and gave her some halfpence—(I do not know how many,) to bring the things out of pledge on Monday, when she left her place—it was in a good-sized paper, about the size of a paper—it was not open—her father is a coal-whipper—he did not say
how much the parcel contained, nor whether there were any farthings—he said, there was the money, directly she asked him—she did not tell him how much the goods would come to—I get my bread by going to service—In not in service now—I have not talked about this—I have not seen Mr. Sullivan—I know him by his working with my father.
JOHN SULLIVAN . The prisoner is my daughter, I went up on Sunday night and called for a pint of beer—I did not stop above half an hour before I wanted to go away, I gave 5s. to my daughter, and told her to get the pledges out—I had asked her to pledge before, when I was in distress—I told her there was 5s., in the paper—I cannot say what money it con-listed of, it was what I had earned the week before—it was 5s., in halfpence or penny pieces—I cannot tell which—I gave her the money out of my pocket, in the paper as it was made up—my daughter was not at all angry with me—there was no blowing up, no scolding between me and her.
JURY to JAMES MEDCALF. Q. How do you know these caps? A. can swear to them—and to the stockings from particular marks on then.
JOHN MITCHELL re-examined. After taking her, she asked what it was for—I said, for a cap and other articles she had stolen from her mistress-she said, "My mistress gave me some things to wash, they were throwing about, and I put them into my box"—said, "What about that copper money?"—she said, "My father gave me some copper last night, for some silver, because it was so cumbersome in his pocket"
GUILTY. Aged 16.—Recommended to mercy by the Prosecutor ; Confined Three Months.
JOHN DIXON . I am a seaman, and lodge in Prince's-court, Poplar. On Sun-day afternoon the 20th of November, I was in a beer-shop in Harrif-court-the prisoners came into the shop with two or three more females—I got half a gallon of beer, and they got the same—we drank together, and we went out together—I felt tick, and I said I wanted to go home to my ship—the two prisoners said they would find lodgings for me—I came out to go home, they followed me, and the woman pressed me to go into the White Hart—I went in and got half a pint of liquor for them—I could not drink any—they wanted me to get a glass of brandy, which I did, but I did not feel better—I said my head against the bar, and Knowlan said, "Do not he there"—the woman was out at the time; she then; came in and I laid my head there again; and he said I must not lay my head there—I said I might get better—Rooke said, "Take him home"—he said he would—I said if they put me in a house that was safe, I would pay for it—I then went down with the man, and went into a house—the woman came in directly, and gave him a candle, and told him to take me up, and go to bed with me—I went up, pulled off ray two jackets, and laid them under my head and then my trowsers and laid them there—Rooke was down stairs then—Knowlan told me to get into bed—he pulled off his jacket and dropped it on the floor, and got his trowsers half down, and then I got into bed, and then he put his trowsers up again—I had five shillings in my trowsers pocket—I put my hand in and felt the five separate shillings, when I came out of the public-house—it was then about half-past eleven o'clock—soon after I felt a violent blow on my head, and I said, "Have mercy, do not kill me, for God's sake"—I looked up and saw this man—he said, "you
black b——r what do you want in this bed?"—I said, "you brought me here"—and then this woman said, "You black b——r what do you want in this bed" and she struck me—I got up, and began to put my trowsers on; the money rattled, and she took the trowsers out of my hand and ran down—l said, "Take care, there is money in the trowsers" she came up, and gave me the trowsers—I said, "The money is gone"—she said, "Go and look for it"—and gave me a crack again, and then I snatched my jackets and went to go down—Knowlan came and took them from me, and went to shove me down stairs, and then I came down, and they got me out—I said, "Mind, my two jackets are there"—I saw a policeman coming along, and told him——hetold them to open the door, and she would not—he said he would break it open—he sent me to get two more policemen, and we came and broke the door open—the man was gone out—I lost my money and blue jacket.
JURY.Q. Was there a light in the room when you received the blows? A. No, there was no candle, but it was light—the moon shone—I know they are the same persons; I looked up and saw them.
Krowlan. He had only 1s. in the public-house Rooke. You were asked by the Magistrate whether you had counted the money in the house, you said no, but you felt it. Witness. I told the Magistrate that when I came out of the public-house I counted my money and I had five separate shillings.
JAMES MALING (police constable K 99.) I was on duty in Isaac's-court, Ratcliffe, between eleven and twelve o'clock, and beard a cry of "Police"—I went to the spot, and found the prosecutor in his shirt sleeves—he said he had been taken to the house and robbed of two jackets, and five shillings in money—I tried the door, which he showed me, and found it fastened—1 rapped, and the female prisoner pushed up the up-stairs sash, and asked what I wanted—I said the prosecutor had been robbed of two jackets, and five shillings in money—she said she had never seen him, and knew nothing about it—I asked her to come and open the door—she refused, and then she said if he would come in the morning be should have his jackets, and it should be all right—Knowlan then put his head out—I called to him—he made me no answer, but went in—in the meantime my brother officers came, and we broke the door open—I saw Rooke, and asked her where the prosecutors jackets were—she said she knew nothing of them—I found one by the side of the bed—I asked her where Knowlan was, she said she knew nothing of him—I could not find him, and believe he made his escape out of a window over the wall.
Rooke. Q. Did not you tell the Magistrate that you could not swear to my taking the money?—he asked if you had felt the money, you said, yes, and I was discharged—and then you said, when I was brought up again, you had counted it when you came out of the White Hart. Witness. I did count it then.
Rooke. You should not go to my poor friends and offer if you got 5l. not to come here—you have received 1l., and there is 10s. more in hand. Witness. I have not received a farthing.
Witnesses for the Defence.
JEREMIAH HAGARTY . I am a ballast-heaver, belonging to the Trinity corporation. On Tuesday morning the prosecutor received 10s. From Sylvester Burn and John Knowlan, the prisoner's brother, at Harrington's,
a beer-shop in Harris-court, in the hamlet of Ratcliffe; and there is in the bar now for this man not to appear—Sylvester is brother-in-law to the prisoner—the prosecutor said he would not say be got 10s. on Tuesday morning—I cannot tell who was in the house—I am acquainted with Knowlan—I live close by him—I did not know the prosecutor before—they said the prosecutor should have 30s. not to appear against them—Knowlan and Burn introduced the subject—they got drinking together, and said they would make the jackets good—I did not hear about the five shillings.
DANIEL QUINLAN . I am brother-in-law of the widow Rooke—I was not present when the money was paid—Knowlan's brother and brother-inlaw paid it for the prosecutor not to appear at the Old Bailey—they said, "If you will not appear, I will make up for the value of the jackets," and he said he would not appear—there is 1l. in hand now to give him.
KNOWLAN— GUILTY . Aged 21.
ROOKE- GUILTY . Aged 34.
Transported for seven Years.
THOMAS MACROW . I keep a broker's shop in Back-lane, Shadwell I was shutting up one of my shops on the 20th of December, and the boy Taylor came and asked me if I had sold a little ship—I said I had not—I did not know whether Mrs. Macrow had—she said she bad not—I ran after the prisoner, and caught him with this in his hand.
Cross-examined by MR. PHILLIPS. Q. What do you call that? A. The model of a brig—it appears to me a correct model—I should never task of calling it a "toy vessel," it was the clerk called it so—I told him it was the model of a brig, and they contended about it—I should not have thought of calling it a toy vessel.
NOT GUILTY .
WILLIAM HARDING . I keep a cheesemonger's shop in Lower Sloane-street. About half-past five o'clock last night, I saw the prisoner come to my window—she laid hold of a knuckle of ham, wrapped it up, and put it into her apron—she brought in the next knuckle, and asked the price—I told her—she left it and went away—I went after her to another shop—she stopped there a short time—I then laid hold of her, took the ham from her, and gave her in charge.
Prisoner. I took it through hunger and distress.
GUILTY . Aged 30.— Confined One Month.
EDWARD FENNING . On the 29th of December, at half-past ten o'clock I saw the prisoner take a whole cheese out of the prosecutor's window was on the opposite side of the road—he gave it to one of two other boys and they all ran off together—I went in and told the shopman—he went in pursuit, and caught the prisoner—the other who had cheese got away—I am sure the prisoner is the boy that took it.
JAMES JONES . I am in the employ of Mr. John Fisher, cheesemonger, Dorset-street, Commercial-road. Fenning informed me of the cheese being lost—I missed one—I went in pursuit, and took the prisoner—the other made his escape—the cheese was found thrown over a wall into a brick-field—this is it—I had seen it just before.
GUILTY . Aged 16.— Transported for Seven Years.
OLD COURT,—Friday, January 6th, 1837.
Fourth Jury before Mr. Sergeant Arabian.
422. SAMUEL COOK was indicted for stealing, on the 1st of January, 11lbs. weight of leaden pipe, value 2s. 6d., the goods of William Edward Burman and another, and fixed to a certain building; against the Statute, &c.—2nd COUNT, for cutting and breaking, with intent to steal.
WIILIAM EDWARD BURMAN . I am a hatter. This pipe was fixed in My shutter-box and belonged to a water-closet—about half-past five or fix o'clock on sunday afternoon, I heard a knocking at the pipe—I opened the shutterbox door, which had the padlock broken off, and found the prisoner inside he was a perfect stranger—he said, in about five minutes, "Pray forgive me"—he had broken three pieces of the pipe quite off.
Prisoner's Defence. I did not touch any thing of the kind—he did not find it on my person. Witness. No, I did not.
GUILTY . Aged 65.— Transported for seven Years.
ROBERT SUCCOUR . On the 26th of December, about six o'clock in the evening, I saw the prisoner take a piece of pork out of Mr. Coopers window, and ran away with it—I ran after him, calling, "Stop thief"—policeman pursued and caught him.
(The prisoner received a good character.)
GUILTY. Aged 23.—Recommended to mercy .— Confined Five Days.
Before Mr. Justice Park.
424. GEORGE FORBES ATKINSON was indicted for that he, on the 10th of February, at St. James, Westminster, feloniously did falsely make and forge a certain bill of exchange for the payment of 4000l., with intent to defraud Lauderdale Maule.—2nd Count, for offering, uttering, disposing of, and putting off the same, with the like intent.—3rd 'and4th COUNTS, stating his intent to be to defraud Richard Kirkman Lane,—5th and 6th COUNTS, to defraud Richard Henry Cox and others.
MR. CLARKSON conducted the Prosecution.
CAPTAIN LAUDERDALE MAULE . I am a Captain in the 79th Highland regiment—I was formerly in the 89th Foot—I am one of the sons of Lord Panmure. In the early part of 1835 I had occasion to borrow 1000l., and on the 11th of February I had an introduction to the prisoner for that purpose—I had a conversation with him upon the subject, and saw him again in consequence of that, on the 14th of February, at No. 107, Jermyn-street, which is an hotel, and on that occasion I accepted a bill of exchange—be-fore I accepted it, it was drawn and indorsed by Mr. Atkinson—I believe this to be my acceptance, which I gave him on the 14th of February, 1835—(looking at it)—I never gave him any other for that amount—it was drawn at three months date, and would be due in May—after I accepted it the prisoner was to get it discounted for my use—I waited some days to enable him to procure the money—on the 23rd of February 1 called on him on the subject, and he told me the bill for £1000 was too large, and that he could not get it discounted, and he said he thought he could get two for 500l. discounted better—he proposed to draw two: I said I would give him one in the mean time—he said, as the £1000 bill bore both our signatures, it might as well be destroyed; upon which he pulled from, (I believe,) his right-hand waistcoat-pocket, a piece of paper, which he said was my bill for 1000l.—he had it in his hands a little while—he unfolded it, tore it in two, and threw it on the fire—I believed it to be my acceptance for 1000l.—he did not put it into my hands—I saw it in his hand, but did not read it—it had every appearance of my bill—I then accepted the bill for £500—in consequence of information which I received, I called on him on the 1st of March—I had not then received any money at all from him—I never received any thing from him—when I called on him on the 1st of March, I requested him to return me my bill for £500—I do not exactly recollect whether I assigned any reason for doing so—to the best of my recollection he took it from a small pocket-book, and handed it to me—it was my bill—I examined it, tore it, and threw it into the fire—on the 1st of November I went abroad with my regiment, and while at Quebec I received a letter from Mr. Lane—I returned from Quebec about the middle of October, 1836, and was sent from Portsmouth to Glasgow without landing—I got leave of absence on the 17th of December, and on the 19th arrived in London, and, in consequence of information from Mr. Lane, in three days I went before a Magistrate.
Q. Look at this instrument; is that in the state it was when you accepted it, on the 14th of February, 1835? A. It is not—it has not the same period to run as it had when I accepted it—the word "three, previous to the word months, has been altered to twelve—I think the top of the in of the word three is quite apparent now—I also think the alteration is evident of the double—I think I perceive that still, and I also think the whole of the bill has been written over again—the size of the letters has been strengthened—the signature has not been touched—the words are the same as before, but they are done over again with a different and a stronger ink—what schoolboys call painting.
COURT.Q. You think the "G. F. Atkinson" stands as it did originally, but do you think your name has had a re-writing on it? A. No, I do not think my signature has been touched—the alteration does not apply to
the acceptance—it docs to the "G. F. Atkinson," but my name is evidently not affected.
MR. CLARKSON.Q. As it stands at present, with the word twelve instead of three, is the word twelve thicker in the strokes than the word three was in the bill? A. To the best of my recollection, it is—writing over the whole body of the bill would give it the same appearance as to thickness—until I received Mr. Lane's letter in May, 1836, I had not the slightest idea that any bill of exchange of mine, of twelve months after date, was in the market.
COURT. Q. Was the original bill drawn by the prisoner in your presence? A. It was—my signature was written with the same ink as the bill.
MR. CLARKSON. Q. Can you recollect whether you wrote with the same pen as him? Q. I cannot—I never accepted a bill at twelve months after date in my life—I did not authorize him, after February, to negotiate for any purpose or any period, any bill of mine for £1000.—I did not authorize him, after I took back the £500 bill on the 1st of March, to I negotiate any bill for me whatever—I never gave or, lent him, for his accommodation, my acceptance for any sum.
Cross-examined by MR. ADOLPHUS. Q. Where were you living at the time you accepted the bill? A. At the Colonnade hotel, Charles-street, St. James's-square—I was introduced to Mr. Atkinson on the 14th of February by a gentleman named Batters by, who is an officer in the army—I do not know whether he is dead—I never knew Captain Ashley, the son of Lord Shaftesbury—this transaction took plage at the York hotel—I never knew it by any name, except the York hotel, or Lane's hotel—I never knew it as the "Ton"—I may have been at the York hotel ten or twelve times—I never knew it called the "Ton"—I do not know that it is place where people meet for play.
Q. In what room did the transaction take place? A. In a room which I understood to be Mr. Atkinson's own room—it was a private room—there was nobody there but myself and him.
Q. How came you to negotiate with a man you had only known a few days, for the acceptance of a bill of exchange? A. I was introduced to him for that very purpose—I am not aware that he advertised as a moneylender, or any thing of the kind—he was to have no benefit from this bill, at least there was no agreement of that nature—I cannot recollect the precise conversation, the precise understanding that there was—he was not to have half the 1000l., the money was solely for ray own use—the bill is directed to me at Brechin Castle, Forfar, North Britain, which is my father's residence—it was my home when I chose to go there—I was in the army at the time—the bill might as well be presented there as any where else—there was no one present when the bill was accepted—the stamp was sent out for, to the best of my recollection, by Mr. Atkinson—I gave him the money to pay for it—I cannot recollect whether it was silver or gold that I gave him—I believe it was ten or twelve shillings, but I do not recollect—some house-boy was sent for it.
Q. How many days afterwards did you have your supposed £1000 bill back again? A. On the 1st of March, I think it was on a Sunday—there might have been somebody in the room when I gave the£500 bill, but I will not be positive—I do not think there was any body within bearing—I do not think it was in the same room where the first bill was accepted—I think the £500 bill was given back to me in the public room, as far as I can recollect, but I will
not be quite sure—I do not know whether there were persons there—I do not think there are boxes in the room—I did not have the bill in my hand which he tore up and threw into the fire—I went abroad on the 1st of November, to New York.
Q. Look at that bill again, and tell me do you mean to say there is any part of the letter h in it? A. To the best of my opinion the top of is visible—there is certainly a black stroke on the other side, but in my opinion it does not hide the top of the h—I think it evident the letter is has been there—I had no other acquaintance with Mr. Atkinson than what occurred in the coffee-house—I might have seen him, but I had no particular acquaintance with him—Captain Battersby lived in the same house, and I have seen Mr. Atkinson several times when I have called on Captain Battersby.
MR. CLARKSON. Q. Pray, is the bill made payable at Cox and Greenwood's, although addressed to Brechin Castle? A. It is—that was done at my instance—Cox and Greenwood were my agents then—if I had received the money, I intended to have provided for it there at the end of three months—they were the agents for the regiment 1 was in—Captain Battersby is an officer I knew, and he lived in the same house as the prisoner appeared to be living in—I have dined once or twice in the house with Captain Battersby I believe—I recollect the prisoner's being present on one occasion at dinner—that was after I supposed the acceptance had been destroyed, to the best of my recollection.
RICHARD KIRKMAN LANE . I am an attorney, and reside at No. 29, Argyle-street. 1 am the present holder of this acceptance, purporting to be at twelve months' date, for 1000l.—I received it from the prisoner about the 14th or 15th of February, 1836—it was in precisely the same state as it is now, with the exception that my indorsement has been since added and erased—when inquiry was made on the subject, I erased my indorsement, when I produced it at Bow-street.
Cross-examined. Q. Had you known the prisoner before? A. About four or five years—I have brought an action against Captain Maule on the bill, by serviceable process—I examined the bill before I took it, with regard to the date, "February 28, 1835," and also with regard to the acceptanee. (The bill was here put in and read.)
MR. ADOLPHUS addressed the Court and Jury on behalf of the prisoner.)
GUILTY . Aged.— Transported for Life.
First Jury, before Mr. Justice Patteson.
425. JOHN RYAN was indicted for feloniously assaulting Thomas Jackson, on the 17th of December, with a felonious intent to rob him, and his goods, chattels, and monies, from his person, and against his will violently and feloniously to steal.
MR. ADOLPHUS conducted the Prosecution.)
THOMAS JACKSON , Esq. I live at Ealing. About half-past six o'clock on the evening of the 17th of December, I was coming to town in my phaeton, and saw the prisoner at Acton Bottom, between the fourth and fifth mile stone—something induced me to pay particular attention to him—when I got up to him he was on the off-side of the road—he crossed to the near-side, and attempted to take hold of my horse's head, but was prevented doing so by my galloping—he then came to the near side of the chaise, and eventually to the back of the chaise, but I galloped, as I thought away from him—I then pulled up, and looked behind me and he
was close behind—I tried to gallop away from him again—he then jumped up on the back seat of the phaeton—it was a turn-over head—he took hold of me by the coat—I said, "What do you want there? get down"—he then swore at me with a bad expression, and said, "I will cut your b——throat"—I then presented a pistol at him, and said, "You ragabond, get down, or I will fire at you"—I struck him in the face with the birrel of the pistol, which marked him down the face—I believe I struck him again, and he fell from the back of the chaise on his head in the mud, and there I left him, apparently insensible—when I proceeded further, I met a party of policemen—I told them, and described his parson, that he was an Irishman, that he had fallen on his head in the mud, and they would find his head covered with mud—a policeman returned with me in my phaeton, and in a very short distance we came up to the prisoner—he was covered with mud, and there was the mark of the blow from the pistol down his face—the policeman laid hold of him, and said, "You are my prisoner"—he then said, "I did not mean to hurt the gentlemen—he shammed intoxication, and, perhaps, he might be a little so—he was decidedly not intoxicated—he had been drinking, but I should say he was decidedly not drunk—I have not a doubt of his person.
Cross-examined by MR. PHILLIPS.Q. Were you going to London?—A. To London—he was standing on the footpath when I first observed him.
JOHN PASCOE . I am a policeman. I received information from the protestor, and took the prisoner into custody—he appeared; to me to have been drinking a little, but was not drunk—I think he made it a great deal more to than it was—when I took him, I said he was my prisoner—he said, "I did not mean to hurt the gentleman".—when I got bin to the station-house, he appeared a great deal better than before.
Cross-examined. Q. What did you find, on him? A. Two sixpences, and fivepence in copper.
MR. PHILLIPS stated the prisoner's Defence to be, that he was in—I toxicated, and being anxious to attend a wake, was desirous of riding in the gig, being considerably behind his time; that the prosecutor's striking kirn exasperated him, and induced him to commit the assault stated.)
MR. JACKSON re-examined. When I went back with the policeman, the prisoner had got up, and was coming towards London—I did not, strike him at all, nor strike at him—I only struck the horse—I hit him with the pistol when he was on the choose—I returned with the policeman in about three minutes.
(Several witnesses deposed to the prisoner's good character.)
Before Mr. Justice Patteson.
426. THOMAS COX was indicted for a robbery on Mary McManus, on the 26th of December, putting her in fear, and taking from her person, and against her will, I purse, value 1d.; 1 pocket, value 2d.; 7 keys, value is.; 1 box, value 6d.; 1 crown, 15 half crowns, 13 shillings, and 1 sixpence, the goods and monies of Austin McManus.
MARY MCMANUS . I am the wife of Austin MCMANUS, and live in Dean-street, Westminster. On the evening of the 26th of December, between seven and eight o'clock, I went to the Angel, in Tothill-street, to fetch my husband and son, who 1 heard were there—I found them there—the prisoner was also in the same room—I have known him from his infancy
—my husband asked me for shilling—I put my hand into my pocket, and gave it him—I did not take more money out of my pocket—I staid there but three or four minutes, and went home, leaving my husband and son there—before I went, the prisoner got very close to me, and began to rub me down—I told him to keep away from me, if he pleased—when I came out, I came along To thill-street, and waited for a cab and coach to pass—I then crossed the road, and went up three steps which lead to Iron-bar-passage—just as I got to the last step, somebody seized me by the mouth with their hand, and struggled a long time to get my pocket off, and I struggled with him—he was behind me—he struggled some time, and then knocked me down, and tore my pocket from my side—the string was very strong and hurt my side, and he broke it—I had 3l. 8s. 6d. in a little black purse, and a bunch of keys—he struggled a long time to get the pocket—his hat fell off in the struggle, and I saw him—I am certain it was the prisoner—there was plenty of light—I could see to pick up a pin—he picked up his hat, put it on, and ran down the Broadway as fast as he could drive I came out of the court and hallooed, "Stop thief," but nobody came to my assistance—I went back to the public-house and told my husband—I have never seen the purse or its contents since.
Cross-examined by MR. DOANE. Q. When you went to the Angel was not your husband, your son, and the prisoner drinking together? A. I do not know whether they were drinking, but the prisoner was there, and another man with him—I went there to get my husband and son-my husband said he would come home directly—it was about six minutes after I left the Angel that I was seized by the mouth, but I was obliged to stop for the cab and coach—it was close by the house—I saw the prisoner quite plain—there was not a soul in the street when I saw him run along—it happened at the end of the court—I was just putting my foot into the court—there arc shops in To thill-street—there is a coffee-shop at the corner of the court, which is always open, but nobody came to my assistance—I called out as loud as I could—the prisoner lives in Jefferason's-buildings, close by me—I did not get a policeman that evening—I went to bed about half-past nine o'clock, for my face was in such a state I was obliged to go to bed—my husband and son had come home then—I did not send for a policeman—my husband and son went to one next morning, and they were looking for the prisoner—he was taken next evening—my son is by a former husband—there is a station-house close to where I live—I never charged my son with robbing me, nor ever complained of his having stolen property from me—nothing of the kind.
COURT. Q. Were there any other persons in the public-house? A. No, I did not take notice of them.
AUSTIN MCMANUS . I was at the Angel on the evening of the 26th of December, between four and five o'clock, with my son-in-law, and there was one or two more in the company—the prisoner was there, but not drinking in our company—my wife came about seven o'clock, and I asked her for a shilling, which she gave me—she did not stay above two minutes after giving me the shilling—I stopped to spend the shilling with my son in-law, and she went away by herself—the prisoner was not there when she went away—he was there when she gave me the shilling, but I missed him and my wife both at the same time—I did not miss any body else out of the room—after some time my wife came back—she had been Knocked about and bruised, and had been very ill used indeed—she had a black eye, her nose was cut, and she had three or four marks about her forehead—I did
not apply to a policeman that night, nor next morning—I had seen my wife count her money at one o'clock in the day—it was 3l. 8s. 6d.—she put it into I black purse, in her pocket—she had no pocket when she came back to the public-house.
Cross-examined. Q. How long did you and your son remain at the I public-house after your wife went away? A. Not above ten minutes after she came back to me—my son-in-law and myself went to the prisoner's home next morning about nine o'clock—(we had no policeman then—I had not been to the station-house)—we had no drink together—I went to hear what he had to say—I had heard my wife's statement—I never heard any thing about my son's getting into a row and fighting with some Irishmen—I did not bear my son say that he had done so, and lost some handkerchiefs and money—I did not send out 6d. for rum—I was not there above five minutes—I did not hear my son say he had made a bad job of it, as he had lost 3l. 12s. 6d.—I did not pull out a handful of silver—I had none—I never said any thing about having been to the savings' bank, and drawn out money—I met the prisoner again in the evening, about five minutes before nine o'clock, at the corner of Dacre-street—I went with him to a public-house, to keep him in tow while my son went for a policeman, and gave him into custody—I had left him at his own house all the morning—was not afraid of finding him—I knew him very well.
WILLIAM GARROD . I was at the Angel, on the Monday evening; the prosecutrix, her husband and son, and the prisoner were there, and another man—the prosecutrix went out alone, the prisoner went out four or five minute after—I remained in the house.
Cross-examined. Q. What are you? A. The barman at the house—I saw the prosecutrix there—she was sitting on the steps—I did not see the prisoner come in—I saw him in the house—I cannot say who came in first.
JOHN CREYDEN . I am the prosecutrix's son. I was at the Angel when my mother came there—I do not suppose she stopped above five, six, or seven minutes—her husband asked her for 1s., which she gave him—the prisoner was there at the time—she went out, and I missed the prisoner two or three minutes after—I cannot say whether he went out with her—my mother afterwards returned, all over mud and was cut—she told us what had happened—I did not go to any policeman that night—I went to the prisoner's house next morning, about eight o'clock, with McManus—he was in bed—I asked him to come out to meet me in the Broadway, as there was no officer near to give him in charge—he said if we made any appointment he would meet us, and we agreed to meet at the Feathers in Broadway, at ten o'clock—we did not stay in his room above seven or eight minutes—I went to the Feathers at ten o'clock, but he did not come—we met him afterwards in Dacre-street, he was apprehended—I had applied at the station-house, about eight or nine o'clock that morning, after I had been to the prisoner's.
Cross-examined. Q. You went with your father-in-law to the prisoner to make an appointment to meet you in Broadway? Q. Yes; if he had come we should have lodged him in custody—but if we had taken a police-man to his house, and he had not been at home, we should not have found him afterwards—I did not ask him what he had to say—my father-in-law might have asked him that without my hearing it.
Q. Have you ever been in any difficulty yourself? A. I have—I was convicted of felony, but my good conduct kept me in the country—I was
at the hulks at Portsmouth—I had nothing to drink when I called on the prisoner—my mother has never complained of me, to my knowledge—I was never in difficulty more than once.
THOMAS M'DONALD . I am a butcher, and live in Strutton-ground, Westminster, which is about a quarter of a mile from Iron-bar passage—I know the prisoner by sight. On Monday evening, the 26th of December, I was just coming out of Watson's public-house, between six and seven o'clock, as near as I can guess, and saw the prisoner run down Tothill street—he was five or six doors past the Iron-bar passage, running towards the Broil way—I did not bear any cry.
Cross-examined. Q. Were there other persons moving about at the time? A. A great many—it would not have taken him above a second to get opposite the Iron-bar passage, from where he was—he had passed the passage, and was going away from it in a direction towards the Angel.
JAMES HEROIN . I am a policeman. I was desired to take the prisoner into custody, on Tuesday night, about five minutes before nine o'clock-that was the first application made to me—he was brought out of gin shop by Creyden—I took him to the station-house, and found 3s. 7d. on him—he asked Creyden, on the way to the station, why he did not take him in the morning.
Cross-examined. Q. Was it the son who gave him into custody? A. Yes—the father was in the gin-shop with the son—the prisoner was charged with robbing the prosecutrix the preceding evening.
NOT GUILTY .
Before Mr. Justice Park.
427. JOHN CRISP was indicted for feloniously breaking and entering the counting-house of William Norsworthy, on the 7th of December, at Paddington, and stealing therein, 1 case of drawing-instrument, value 1l. 10s., the goods of Marchant Alexander Gliddon; 2 pairs of compasses, value 14s.; 3 drawing pens, value 1s.; and 1 pencil-holder, value 3s.; the goods of William Carson.
WILLIAM CARSON . I am clerk to William Norsworthy, builder in Cambridge-terrace—his counting-house is in Oxford-terrace—it is not part of his dwelling-house—it is in the parish of Paddington. On the evening of the 7th of December, I left the counting-house at eight o'clock—I left nobody there—I saw the windows all fastened before I left—they were fastened with a bolt—the two outer doors were both locked—one door was fastened inside—I saw them fastened, and took the key with me—I went next morning, at half-past seven o'clock, and found the door as I had left it, and all the shutters were up as I had left them—the labourer took them down—I did not observe that the office had been broken into them—not till the evening—it was then found out that the fillet which fastened the shutter had been wrenched off—the shutter would then come down though it was bolted—it would lift up—I missed an instrument-case, containing three steel-pens, two pairs of compasses, and a pencil-holder—they are used in our business—I am sure they had been there over night—they were in a box in a drawer—the glass of the window was broken—I discovered that in the course of the day—I found an iron bar under the window, outside, and the marks on the fillet fitted the end of the bar—the bar belongs to Mr. Norsworthy—it had been at the other end of the office the day before—not where I found it—I observed foot-marks on a chair inside, which always stood under the window—the prisoner had been a clerk
in the office with me, about three months, and left about four months ago.
MARCHANT ALEXANDER GLIDBON . I am a clerk in the employ of Mr. Norsworthy. I was not the last person at the counting-house on the evening in question—my desk had not been locked—I missed my case of instruments next morning, between eight and nine o'clock—I am certain I had left them in my desk the night before.
JAMES ANSTEY . I am a policeman. I took the prisoner on the 31st of December, about half-past six o'clock in the morning, I found him in the shop of Mr. Ritchie, a builder at Paddington—I took him to the station-house the Inspector asked him what he had done with the two eases of instruments he had taken from Mr. Norsworthy—he began to cry, and said he had pawned them at Greenwich—I asked him what he had done with the duplicates—he said he tore them up—I asked what he did that for—he said he did not know—I asked him at the office what name he pawned then in, he said he did not know, but one of them was pawned at the corner of Market-street Greenwich, and the other a little above, in the same direction—as we were going to the station-house, be said he broke two squares of glass, and get into the counting-house—no threat or promise was held out to him.
CHARLES'REEVE. I am shopman to Mr. Harker, a pawnbroker, at the corner of Turpin-lane, Greenwich. On the 8th of December the prisoner came there to pawn part of a case of instruments for 2s.,—he said his name was John Edwards—1 never saw him before—I asked him whether they were his own, he said yes, and that he lived in London-street, Greenwich.
(Property produced and sworn to.)
GUILTY . Aged 18— Transported for Seven Years.
(There was another indictment against the prisoner for embezzlement.)
Second Jury, before Mr. Recorder.
428. JOSEPH MATTHEWS was indicted for stealing, on the 26th of December, 6 waistcoats, value 4l. 10s.; 1 coat, value 1l., 15s.; I handkerthief value 2s.; 1 pair of sugar-tongs, value 10s.; and 5 spoons, value 1l., 11s.; the goods of Henry Joseph Smith, in his dwelling-house.
SARAH MATILDA MATTHEWS . I am laundress to Mr. Smith of New-qure, Lincolns Inn, where he has chambers—the prisoner is my son, and lives with me. On Monday, the 26th of December, I returned from Mr. Smiths chambers, about twelve o'clock in the day—I put the keys of the chambers into a basket in my sitting room, at No. 9, Great Turnstile—the prisoner came there to dinner about half-past one o'clock, and went out about three o'clock with his sister, who is about fifteen years old—he came back about five o'clock alone, and remained about half an hour, to the best of my recollection—he then went out alone, and I did not see him again till he was in custody—I went to Mr. Smith's chambers about eight 0'clock the same evening, and found three drawers partly open in a room there, which I am usually in—I had left them shut—I think the closet door was a little open—1 missed a pair of sugar-tongs, which I believe were safe when I left the chambers in the morning—in consequence of what I discovered I went down stairs, and knocked at the door of Mr. Turner, the clerk, I begged him to come up, and I remained there till Mr. Smith came in, which was between eleven and twelve o'clock.
Cross-examined by MR. JONES.Q. Was your son living at home with you? A. Yes—I sent him that afternoon with his sister to take tea at Islington—I did not know at what time he would return—he was only gone to Battlebridge—I should say it was nearer six than five o'clock, when he came home—when I went to the chambers at eight o'clock, I took the keys from the same place where I had put them at eleven o'clock.
HENRY JOSEPH SMITH, ESQ . I am a barrister, and have chambers at No. 8, New-square, Lincolns Inn, in the parish of St. Clement Danes. On Monday afternoon, the 26th of December, I left about four o'clock, I returned at eleven o'clock, and found Mrs. Matthews there—in consequence of what she stated, I looked at the drawers in my bed-room, and missed six waistcoats, and one handkerchief—and from the servants' room, three tea-spoons, the sugar-tongs, one salt-spoon, a table-spoon, and a great coat—I think the whole were worth 7l., or 8l., at the lowest—I hate since seen two of the waistcoats, and the great coat—the prisoner lived with me several years formerly as clerk and servant, but not just at that time.
Cross-examined. Q. The clothes were in a different room to the plate? A. Yes, the great coat was in the passage—I am not so sure of the coat—I have some little doubt of its identity—the prisoner left my service once, and I took him again—he continued about a year the second time, and left about August last—there are three sets of keys to my chambers—one the laundress had, one I had myself, and one a clerk would have had, if I had had one, but I had no clerk at the time, and the third set were in a drawer in my room—I never missed them—I had my own keys with me that day—I cannot say how long before I had seen the third set—I had seen the I waistcoats about a week before—when I came in the drawer was open, it had not been locked—I think it was drawn out—all the waistcoats were in the same drawer—I had not missed any of them before.
JAMES BAYLIS . I am shopman to Edward Baylis, a pawnbroker, of Hampstead-road. On Monday night, the 26th of December, the prisoner I came to our shop—I did not know him before—it was very near eight o'clock—he brought a great coat, and two waistcoats, on which I lent him 1l., in the name of George Robinson—I have the counterpart of the duplicate—this one which the policeman has produced is the same I delivered to the person pawning the goods.
ISAAC KEEN (police-sergeant F 2.)I took the prisoner into custody on the night of the 26th of December, about twelve o'clock, at his mother's—I found on him 2l. 1s. 2d., in money, a pocket-book, seventeen duplicate. I and a quantity of other articles—he said he was accosted by two men near the pawnbroker's, who requested him to take these things in and pawn them—and when he came out, the men were gone, and he retained the duplicates—he said he had seen one of the men about Lincolns Inn Fields, but could not describe him sufficiently to be apprehended.
MR. SMITH re-examined, (trying the great coat on) I am not entirely positive about this coat—I very seldom wear a great coat, it fits me, and it is the same colour, and has a velvet collar—the waistcoats are the same form, shape, and colour—I believe them to be mine, and the great coat also.
MR. JONES.Q. What value do you set on them? A. 10s. each—they are nearly new—I have worn one a good deal—it cost me 1l.—I value the great coat at about 30s.—I had remained in my chambers from twelve o'clock till four, without going out—I am quite sure I shut the door when I went out—I generally lock it—I will not swear I locked it that day—
never leave it open—I once found I bad by mistake left the outer door open, when I thought I had shut it—I might have pulled it to without locking it—I did not look to see whether I fastened it or not—I sleep at the chambers.
COURT. Q. What are the waistcoats worth each? A. The three velvet ones were worth 1l., each—the other three about 10s., each—the great coat 25s., or 30s.—the handkerchief 2s.,; sugar-tongs, 10s.; the spoon, 9s., or 10s.; it is an old one—the tea-spoons, 5s. each, and the salt-spoon 3s. 6d. (Charles Forster Hamilton, Greek-street, Soho; James Vine, I slingtongreen;—Lowe, Bride-court, Fleet-street; and Chippendale, tobacconist Turnstile, gave the prisoner a good character.)
GUILTY of stealing to the value of 99s. only—Aged 18.—Recommended to mercy . Transported for Seven Years.
429. JOHN COLLINS and WILLIAM BOWLES were indicted for stealing, on the 11th of November, at St. George, 1 gelding, price 20l.; 1 cart, value 15l.; 1 set of harness, value 3l.; 15 casks, value 4s.; and 1400lbs. weight of butter, value 70l.; the goods of Thomson Webb.
(MR. BALLANTINE conducted the Prosecution.)
THOMAS WEBB . I am a cheesemonger, and live in Tottenham-court-road. I made a purchase of some Meck Lenburgh Keil butter, at Brewers Quay—it takes its name from the place it is shipped from, Keil—on the 11th of November I sent my lad Peacock with a cart and horse, for fifteen casks—I have since seen some of the butter at the premises of a man named Coxson—I know it by the peculiarity of the favour—it was then packed in a different cask to what it generally is.
Cross-examined by MR. JONES. Q. Did not one of the Jury, on the former trial, ask you if you could swear to the butter, and you said, "No?" A. Yes.
MR. BALLANTINE. Q. In what sort of a cask was it? A. It was in a Sligo keg and a Leer firkin—Mecklenburgh butter is 2d. a pound dearer than Sligo, which is much salter.
WILLIAM PEACOCK . On the 11th of November I was in Mr. Webb's service. I was sent by him to get some butter from Brewers' Quay, with a horse and cart—it was delivered to me—there were twelve casks in the body of the cart, and three on the copse, in quarter casks—in all fifteen firkins—as I was driving away, a man came running up to me at Billingspte, and said something, in consequence of which I returned to Brewers' Quay—when I came back, I found the horse, cart, and butter gone—the person who spoke to me had on a pair of corduroy trowsers and a fustian jacket, very much torn—he was a very dirty-looking man, and was pitted with the small-pox—I had seen him at work on Brewers' Quay, which made me think it was right—the horse and cart were afterwards found at Day's livery-stables, in King David-lane, Shadwell.
MARGARET GREGORY . On the 11th of November I was living with Mr. Stebbings, at No. 65, Cable-street. On the afternoon of that day the prisoner Collins came there along with a man, who is known by the name of Upright Charley—he said, "I understand you have got a horse and cart to let?"—Stebbings said, "The cart is out; my partner has got it out"—Collins said, "Do you know where I can get one?"—Stebbings said, "You can got one at Hall's, the green-shop, three doors down"—Collins and Upright Charley then went away—they returned in two or three minutes, and said they could not set one these, it was out—Stebbings
said. "My partner's van is in the stable, if that will do, I will lead it to you," and he went out with them—in about a quarter of an hour Stebbings returned alone—that was about half-past four o'clock in the afternoon I went to the door when Collins and Upright Charley went away, and saw the prisoner Bowles and another young man, whose clothes were all torn off him, his elbows were all out, and he was freckled with the small-pox, he had a fustian jacket and corduroy trowsers, and was very dirty, he had a low-crowned white hat with a broad brim, and was bigger them either of the prisoners—they went the same way as Stebbings, Collins, and Upright Charley—I saw them walk close up to one another, but did not see them speak—I saw them join directly after Stebbings, Collins, and Charley went away—Stebbings walked on first, and the other four were all together—they were in company—I went to the door, and saw them turn round Shorter-street, which leads into Well-close-square, which is when Stebbings's partner kept his van—I saw the four men together for about five minutes—they were all four together in a line—about half an hour after, as near as I can guess, when Stebbings was at tea, and I was in the shop I saw Potter's van and Stebbings's horse—Potter is Stebbings's partner—the van was full of tubs—Upright Charley was by the horse, and Collins was by the cart—I did not see any one else—I was going out at the time, and saw the van go up Rosemary-lane, and stop at Coxson's—I saw Upright Charley take one cask out first, and take it into Coxson's—Collins at that time was standing by the horse's head—I then saw Charley come out and take another cask out, and take it in—I then went on to where I was going—Charley said to Coxson, in Collins's hearing, "Are not you going to have the other two?"—Coxson said, "No, I will not have them, as you have brought the van up to the door, I will not have more than two, or else I would have had the four"—Collins was about a yard from Coxson at the time the conversation took place, and must have heard what was said—about two hours or more after I was at Stebbings's house, and Bowles and the ragged man came to the door—Bowles said, "Mistress, is the van come back yet?"—I did not make any answer then, as I was serving-they went and stood a little distance from the door—Bowles came again, and said, "Mistress, is the van come back?"—I said, "No"—he said, "I am not going to be done out of it in no such a way," and the ragged ran said, "I am not going to be done out of it"—they stood quarrelling with each other—the ragged one said, "I am not going to be done out of it after driving it away," and Bowles answered, he was not going to be dm out of his regulars—when I said the van was not come back, Bowles said, "I want the young man who borrowed the van, Upright Charley."
Cross-examined. Q. When did you first tell all this story? A. At the Thames police-office, three weeks ago—it was after Stebbings was tried here—I was told my evidence would not be taken before—I offered to become a witness, when Stebbings was first taken, because he was having his tea when the van went past the door—I did not think to get him off—I went to see Stebbings on the Tuesday, as he went away on the Wednesday, and after that I went to Mr. Webb—I did not go in consequence of what Stebbings said to me.
Q. Do not you expect to get Stebbings off with a slight imprisonment if you can fix it on these men? A. No—I cannot say I can get him off—I do not want to convict these men—I do not want to get Stebbings off—he is not my man—I do not expect to get him off—how can I get him off?—I do not think of doing so by giving evidence against these
men—I have never thought of it—I was only housekeeper to Stebbings—I have not been promised that endeavours should be made to get him off if I gave evidence against these men—no one has told me 1 might get some of Stebbings's punishment off if I did so—of course I should be glad to get Ms punishment remitted, but not by convicting these men—I did not tell Mr. Webb all I knew about it, only part of it—I did not tell him say thing—I only went to show him a letter—Cook the police—sergeant was the first person I told of it—I saw him going past the door, and called him in—I told him some part of it, and told the rest at the Thames police about three weeks ago—the letter I showed Mr. Webb was from Stebbings—it was a letter to me.
Q. Did the young man with Bowles appear like a working young man? A. yes—'Bowles had the same clothes on he has now—he did not say he was employed by Stebbings and the other man to help with the casks—he said he would be paid for his work—he said he would have his regulars—I have never heard wages called regulars—Margaret Gregory is my right was—I have never gone by any other—I was called Stebbings, but I never went by any other name besides—I lived with Stebbings seven years as housekeeper—he paid me regular wages—he gave me money and clothes—he gave me what he thought proper—I had no regular wages—I never had wages from him—I have never been charged with any offence—I was never in custody on a charge of any sort—I was in the watch—house one right—that is eight years ago—I was along with another young woman who kicked up a piece of work—I never was a prostitute; nor was I ever charged with being one, nor with being disorderly—I was put into the watch—house in Denmark—street, St. George's East—I was employed in polishing gun barrels at that time—I used to work for myself—I did not live with the young woman who I was taken up—with—I met her casually in the street—I had known her before—she was a servant out of place.
Q. How are you getting your living now? A. I keep the shop on—I would not, for the sake of saving Stebbings, convict these men—I could not do that—I have never said I would give evidence against them if they would allow me to go after Stebbings—I have not applied to go after him—I never asked to go out to New South Wales as his wife—I swear that.
HENRY WILLIAMS . On the 11th of November I lived in harles—court, near Well—close—square—Potter, the owner of the van, was my master between three and four o'clock that afternoon I was waiting for master, and saw Stebbings, Collins, and another man dressed in fustian clothes—he was a tall fair man—I did not hear him called by any name—it was from three to half-past or four o'clock, when I went to my tea—just after the van had gone, I looked at the clock, and it was half—past three, or twenty minutes to four o'clock—I followed the van to go home—they harnessed the horse in great haste, and made a mistake, by putting a breeching on where the reach chain goes along—Collins jumped up into the van and laid hold of the reins—Stebbings was up the ride, still standing at the stable door—he said, "Where is the whip?"—I said, "Master has got it, but here is one of his old whips"—he said, "Let us have it?"—I gave it to him, and he handed it to Collins, who then drove off—Stebbings and the other man walked on the Pavement, round Well—close—square, in the same direction—I did not see any thing of Bowles.
Cross-examined. Q. Did Stebbings and the other man keep close up to the cart? A. They were on the pavement, and the van was going on as fast as the old mare could go—Stebbings and the other kept up to it—they
walked—the mare could not go fast, as she was old—it was about half-past three o'clock—I looked at the clock, because I wanted to go home, as master did not come—Stebbings knew the mare could not go fast.
CHARLES JONES . I am keeper of the toll-gate in Cable-street, New-road—it is about half-a-mile from Thames-street, going down towards Lime. house—Stebbings' house is about two or three hundred yards from the gate, On the 11th of November, about six o'clock in the evening, a cart passed through my gate—there were tube in it, and three on the copse, which goes over the horse's loins—Sarles, (who was tried here,) was driving the cart-Collins was walking on the pavement, and he made a stop when he came to came to me—I noticed a mole on his cheek at the time, and have no doubt at all of him—he said something to me, I cannot say what it was, and went on I cannot say who paid the toll—the cart was going from Stebbings's down towards Sun Tavern-fields—they could not get to Stebbings's house again without coming back through my gate, unless they went round—I knew Coxson's house in Rosemary-lane.
Q. If the cart did not pass through your gate to get to Coxson's, would it pass by Stebbings's? A. No—they could get up the highway, up a street to Coxson's.
Cross-examined. Q. It was pretty well dark, was it not, when the cart went through? A. Yes—I never saw Collins before that night, to my recollection—I noticed him particularly, because they sent the cart on in a hurry, and the one who was taken paid me the toll—Collins made a stop, and said something—he then went on, and the other paid the toll.
JANE SYDIE . I reside facing Coxson's shop. On the 11th of November, about seven or half-past seven o'clock, I observed a van draw up to his door—the tall fair man was with the van and Collins—I saw the tall fair man take a cask out of the van, and put it into Coxson's shop—I had before that, in the afternoon, between four and half-past four o'clock, saw Collins with the same man, facing my window, a little way from Coxson's shop—they stood talking a few yards from the shop—the tall man then left Collins, and went into Coxson's, where he staid about five minutes—he then came out, and they both went away together down Rosemary-lane.
Cross-examined. Q. Had you ever seen Collins before that day? A. No, but I saw him next day go past in the same street—I was alone-the tall fair man appeared to have the management of the van—he drove it, and took something into the shop, leaving Collins outside—I have seen Gregory, and have spoken to her before, but had no acquaintance with her—I am single, and live with my father.
JURY.Q. How far is your house from Coxson's? A. At that time I lived right facing Coxson's, just across the road—we can see from our window right into Coxson's shop—I was at the window of the second pair front room when I saw this.
COURT. Q. Is there any gas opposite there? A. Yes, at the corner of the street, right facing my window—not at Coxson's corner, but the other—Coxson's is a corner shop, and has a gas-light in it—I could see into his shop from the light in it.
JAMES COOK (police-sergeant H 7.)I took Collins into custody—he was brought to me—I had seen him on the Saturday previous, the 10th December; but before I could get hold of him, he escaped through some old houses—I had been on the look out since the robbery—when I took him he said he knew nothing about this.
back to the Quay—I do not know how far that is from Stebbings's house—the cart was found in Sun-Tavern fields; and after it had been standing there a few hours, some body went to Day's, and put it up there at livery—the turnpike would be in the way to Sun-Tavern fields—I had not far to run back to the Quay—I ran as hard as I could—the man said he would look to the cart while I was gone—he had no hat on when he came up to me.
MR. JONES, On behalf of Collins, contended that the evidence, if true, went more to substantiate a case of receiving than of stealing the property.)
COLLINS— GUILTY of larceny. Aged 22.— Transported for Seven Years.
BOWLES— NOT GUILTY .
NEW COURT.—Friday, January 6th, 1837.
Sixth Jury, before Mr. Common Sergeant
GUILTY .— Confined One Year.
GUILTY. Aged 15.—Recommended to mercy .— Confined Fourteen Days; One Week Solitary.
GUILTY .— Confined Three Months; Three Weeks Solitary.
GUILTY . Transported for Seven Years.
MESSRS. SCARLETT and ELLIS conducted the Prosecution.)
ELIZA LORD. I live in White Rose-place, Whitecross-street—I was bar-maid to Mr. Roberts, of the Queen's Head. On the 1st of December, about half-past nine o'clock in the evening, the prisoner came to the bar for half-a-quartern of gin, which came to twopence—I served him—he threw down half-a-crown—it fell on the ground, I took it up and gave him two shillings and fourpence—he drank the gin, and went out—I showed the half-crown to my master directly, as I thought it was bad—it had not been out of my hand before—I took it, and went after the prisoner—I overtook him—I told him he must come back to Mr. Roberts—he asked what for?—I said he had given me a bad half-crown—he denied coming into the house at all, and then my master came up and took the half-crown—I am sure it was the same one as I got from the prisoner—it had not been out of my possession—the watchman took the prisoner.
Prisoner. Q. Did you notice what two shillings you gave me? A. Yes
—they were both good—I should not have taken the half-crown if my master had not been there—when the officer came up I saw three shillings in your hand—I am certain of that.
Prisoner. The two shillings found on me was what she gave me—I had but one half-crown and a penny farthing when I went into the house.
JOHN ROBERTS . I keep the Queen's Head in Whitecross-street I received a half-crown from Lord, and found it bad—I was in a little room when it was tendered—I did not see the prisoner come in—I followed and overtook him in the middle of this dispute—no one came up—I said, "You must come back with me," and called for Harding, who was coming down the street, to take him—I charged him with having sultered the half-crown, he denied being in the shop at all—he was desired to give back the change—he said if I would give him the half-crown he would return the change—he put his band into his pocket, and pulled oat three shillings and some halfpence, and said, "I have plenty of money"—I accompanied him to the station-house—at one time he tried to drop some money, and we picked up a penny and a farthing—I gave the half-crown to the watchman, after marking it.
Prisoner. Q. How do you know that I was the person who had been in your house? A. You admitted it when you were brought into the house—you said, "Give me the half-crown and I will return you the two shillings and fourpence."
CHARLES WOOD . I was on duty when the prisoner was brought to the station—I observed his hand go to his mouth, and saw something in his mouth—I forced my truncheon into his mouth, and put my fingers is and felt some money, but he swallowed it—we handcuffed him behind, and pat him into the room, and soon after he vomited two shillings—at the time he swallowed them he said, "You b——rs, I have done it now, you have not got it."
Prisoner. You took five farthings from me—they beat me about the head, and gave me two black eyes, and loosened all my teeth—they throw me on the floor, and kicked me on the head. Witness. That is not true—the penny farthing was brought to me by another person—he was hand-cuffed behind, and one of the watchmen very imprudently threw him on the ground, for which he was suspended by the Deputy.
JOHN HILL . I am Inspector of the watch. On the 1st of December I was at the watch-house—I observed the prisoner had money in his mouth and assisted in endeavouring to extract it—we laid him on a bench, and put something under his head—he throttled in his throat, and vomited up one good shilling, and then a second, which was bad, with a quantity of blood—after keeping him some considerable time, we sent him to the Compter, and he said, "You have not got them all yet."
Prisoner. Those arc the two shillings that they gave me in change for the half-crown.
GUILTY . Aged 28.— Confined Two Years.
STEPHEN PLOWMAN . I am a tobacconist in Bishopsgate-street. On the 9th of December, the prisoner came for half an ounce of tobacco—he give me a half-crown, and I gave him 2s., 4 1/4d. in change—I put the half-crown into the drawer, and in about a minute after I found it was bad—there was no other half-crown there—I laid it on one side of the till, in a place where I could find it again—the till is very large—I gave it to the policeman a few days afterwards as he came in, but I was going to nail it to the counter—the prisoner came again on the 19th for half an ounce of tobacco, the same quantity as before—he offered a bad half-crown—I stepped round the confer and stopped him—I recognised him again, and did not give him the change—I called to the men on the coach-stand, and they got the police-man—I said, "You have come again with another, the same make as you did before"—he was obliged to stay, because I shut the door—I do not recollect him saying any thing—I gave the second half-crown to the officer when he came—the prisoner said he never was there before—I am quite certain be is the man.
Prisoner. Q. What time did I come there on the 9th? Witness. Between fire and six o'clock in the evening—I did not say it was half past four o'clock at the Mansion House, I said half-past five o'clock. Prisoner. I could have got away if I had liked—he said he could not swear to me, he had doubts about me; and then he made me put a cap on, which I had not worn for five weeks, and then he knew me—I asked far half an ounce of tobacco—he looked in the window, I thought he had lost something, and then he sent for a policeman, who was ten minutes before he came—he said I was there on the 9th of December, and I never knew there was a shop there before—he gave the policeman the half-crown, he took it to the station, and it went through eight or nine persons' hands—he never marked it, nor any thing. Witness. It was not marked by me, I gave it to Wilson.
HENRY WILSON (City police-constable 34.) I found the prisoner on the 19th of December in the shop—I took him into custody, and received a half-crown—I laid the half-crown on the table at the station-house, and Serjeant Harris asked if it was marked—I said, "Yes, I marked it at Mr. Plowman's"—I went to call Pyfinch, and it was out of my sight then—the prisoner and Harris were sitting by the table—nothing was found on the prisoner—I left it in Mr. Harris's hands—I have got it from Harris—this is, to same I marked.
FREDERICK HARRIS (City police-sergeant.) I was at the station when to prisoner was brought—1 saw Wilson searching the prisoner—I said, "Have you got the piece?"—he threw it down rather carelessly—I took it up, fearing the prisoner might get possession of it—I kept it a short time, and then gave it back to Wilson.
MR. FIELD. These are both counterfeit, but not from the same mould.
Prisoner. If I had known it had been a bad half-crown, I could have got away when he sent for the policeman—I thought he suspected I had
stolen something, and knowing myself innocent, I waited—I never gave him a bad half-crown, nor had one, to my knowledge—I do not know that I should know one if I saw it.
GUILTY . Aged 24.— Confined Two Years.
WILLIAM FRANCIS STOWILL . I keep the City Army public-house, Great Tower-street. On the 30th of November the prisoner came with two other persons, and called for a pint of half-and-half—I gave it him, and he offered a good half-sovereign—I gave him two half-crowns, 4s. 6d., and 3d. in copper, and looked at it—I am positive it was all good—one of his companions said, "You need not change, I have got coppers enough," and he put down 3d.—the prisoner tendered me 9s. 9d. back again—I immediately looked at it, and discovered that there was a bad half-crown—I told him of it, and he said, "I took it from you"—I held it in my hand, and one of his companions asked me to let him look at it—I held it up—he snatched at it, but did not get it—I sent for a constable, marked the half-crown, and gave it to the constable—I saw the prisoner searched, and 8s. or 9s. were found on him—I am not positive which—I believe there were two sixpences among it, but no half-crown.
Prisoner. Q. Had you any suspicion of me? A. No—I did not look at your change any more than I would at other persons'—I looked at it before I gave it you—you took it off the counter—I swear I gave you two good half-crowns—I did not bite them, or weigh them—I did not take a half-crown while you stood there, that I have any recollection of.
COURT. Q. Are you a good judge of silver? A. Yes—I have 100l., worth through my hands in a day frequently.
Prisoner. A person came in shirt-sleeves and gave him a half-crown, and he threw it into the till—when he took my change back he took it into his hand, and turned it over two or three times, and sounded this half-crown—he said, "This is a bad one, if you don't give me another I will give you into custody"—I said I had not got another—he staid then ten minutes, and I said, "If you do not give me change I will send for a policeman"—the policeman came, but nothing was found on me—not a farthing—they said so before the Magistrate, Witness. He did say, "Why don't you send for a policeman?"—I never throw any thing into the till without looking at it.
DANIEL MEALY (City-police-constable 6.) I was sent for—I found the prisoner and two others—I took them into custody—I searched the prisoner, and found nine shillings and two sixpences on him—I took them to the station—they were ultimately discharged—I received this half-crown from Mr. Stowell, and have kept it ever since—I swear it is the same—among the silver I took from the prisoner there were no half-crowns—I believe I did on the first examination say I found nine shillings aid two sixpences, on the one that stood next to him, but I made a mistake, and Mr. Stowell told me of it—I went to the clerk and corrected it—I am sure the prisoner is the man I took the money from.
Prisoner. Q. Whom did you search first? A. You—you stood on the right hand side—the bar is on the left—you stood facing it—I found 10s. in silver on you, and laid it on the counter—Brown, who stood near the door said, "I will take care of this"—I said, "No," I found on you nine shillings and two sixpences—I did not take your watch—l said had you any thing about you—you said, "Search me."
Prisoner. You never searched me, you asked the next prisoner, and he pulled out the nine shillings and two sixpences from his pocket—he was I asked by Mr. Powell whether any money was found on me, and he said Do—I should wish to ask Mr. Stowell whether he reminded him of it or not.
MR. STOWELL. I told him that I saw the money taken out of your pocket, and explained it.
CHARLES BRIERLY . I keep the Pied Horse, in Chiswell-street. On the I 22nd of December, the prisoner came, and asked fox a glass of porter—I served him, and he offered me a good crown-piece—I was in the act of I giving him change—he asked how much it was—I said 1 1/2d.—he said, "I have halfpence enough to pay for it"—he took the crown-piece, and paid me the halfpence—after he drank the porter he called for another, and I offered me a crown-piece—I saw it was a bad one, and charged him with I it—hesaid, "If it is bad, give it to me back, I will give you another"—I refused to return it—he urged it—I sent for a policeman—I rang the bell I for my servant, and the prisoner ran out—I followed him, and he was caught I in the arras of the policeman—I handed the crown to the policeman, who I found on him 6s. 6d., and 7d. in copper—I saw two half-crowns, one shil-ling and a sixpence, myself—it was all good money, but no crown was I found on him.
Prisoner. Q. When you followed me, what did you do with the crown-piece? A. I had it in my hand—I did not recollect whether I left it, till I Mr. Powell brought it to my recollection—it could never have been I out of my possession—I am positive it could be no other—I had no I other silver in the house—there were no persons there, but some that I came in with you—I do not know that I can swear that I did not let it go out of my hand to any persons standing round, but I think not—it was not out of my sight—I gave it to the policeman in the parlour immediately I on entering—it was marked at the station, but not before.
MR. SCARLETT. Q. Are you enabled to swear that the one you gave the policeman is the one you took of him? A. Yes.
HENRY THORNTON (police-constable G 55.) I took the prisoner, on the 22nd of December, in Chiswell-street—he was running—Mr. Brierly came up afterwards, and charged him with passing a bad crown-piece—I took him to his house—I searched him, and found on him two half-crowns, 1s. 6d., and 7d. in copper—Mr. Brierly said, "You have got a good crown-piece about you"—I asked him where it was, and he said, "That is my business"—I asked Brierly for the crown-piece—he gave it me—I Barked it in the parlour.
Prisoner. Q. Did not you state at Worship-street that I said, "You have not got the crown-piece?" A. No—I marked it in the parlour, and then took him to the station—I had no other crown about me—I marked it with a cross on the nose.
GUILTY .— Confined One Year.
HENRY HUTCHINGS . I am the son of Abraham Hutchings, a baker in Queen's-buildings, Brompton. On the 20th of December the prisoner came for a penny biscuit, and gave me a good half-crown—I gave him 2s. 5d. which he took up, he rubbed one of the shillings with a handkerchief, and said it looked very dark—he gave it me back—I gave him another
—he went out, but before that I saw it was a bad shilling—I told my father, and gave it to him—he put it on the top of a canister in the shop—I was desired to go after the prisoner, and saw him go into Mr. Woods the confectioner's—he asked for a penny bun, then came out, and joined another person, who was standing outside on the railings—they exchanged some money—they remained a few minutes, and then walked on together—the other went into the Sloane's Head—the prisoner was standing outside—they joined when he came out, and then the prisoner went into Mr. Ford's, and the other stood opposite—I went into the shop, and saw the prisoner give Mr. Ford a bad shilling—I went for a policeman—the other ran away.
Prisoner. I deny being the person that went into the baker's or the pastry-cook's. Witness. I' am sure you are the person—I did not give him a bad shilling—I gave him a good one for it, because there was no other person in the shop, and I thought he would kick up a noise—I told my father directly he was gone.
Prisoner. The counterfeit shilling was thrown into the till, with another—but it was afterwards taken out.
MR. SCARLETT.Q. Are you confident that the prisoner is the man that came into your shop, and that you watched him to other shops? A. Yes, I am.
ABRAHAM HUTCHINGS . I am the witness's father. He gave me a bad shilling—I desired him to go after the prisoner—I took the bad shilling, and laid it on a canister—it remained there till the prisoner was brought back—I then gave it to the policeman.
Prisoner. You were not in the shop Witness. I came in just as you went out.
ELIZA GREEN . I am sister to Charlotte Woods, a confectioner in Queen's buildings, Brompton. On the 20th of December the prisoner came for a penny bun, and offered a half-crown to my sister—I gave him the bun, and I saw her give him 2s. 5d.,—he gave her back a shilling, and said it was bad—she gave him another—she put that into the till by itself—in five or ten minutes Mr. Hutchings sent a female servant, I then looked at the shilling, and saw it was bad—I marked it, and put it into the till again—I after-wards gave it to the policeman.
Prisoner. I deny being the person that went into the shop. Witness. I am sure he is.
CHARLOTTE WOODS . My husband keeps a confectioner's-shop. On the 20th of December, a person resembling the prisoner came for a penny bun, which my sister gave him—he gave me a good half-crown—I gave him 2s. 5d. in good change, I am positive—he gave me one shilling back, and said "This is bad, it looks so black and smooth"—I gave him another, because I was quite positive we had not a bad shilling—I did not perceive it was bad when he gave it me back—I put it on one side of the till, it being the first we had taken that morning—I discovered it was bad in about five minutes, I then took it out, and it was marked.
JOHN FORD . I am a victualler, and live in North-street, Chelsea. On the 20th of December the prisoner came for half a pint of beer; he threw down a halfpenny at first, and said he thought he had got another halfpenny—but he put down a half-crown, and I gave him 2s. 5d.—while I was busy he turned round, and said I had given him a bad shilling—I said I was not aware that I had a bad one—I gave him another—and he gave me a bad shilling, that called my attention to him—I put the bad shilling into my pocket, separate from any thing else—I gave it to the policeman.
Prisoner. You took five or six shillings out of your pocket, and gave me another, and put the shilling into your pocket—I got to the corner of the street, and was brought back, and you took that shilling out from several others. Witness. No I did not—I kept it separate on all occasions—I did not give it to the policeman without marking it.
ROBERT M'KENZIE (police-constable B 44.) I was on duty, and the prisoner was given to me by Hutchings—I found on him three half-crowns, two shillings, and 7d. in copper—I took him to Mr. Ford's, he pulled this shilling out of his pocket, and gave it to me, stating that it was the one the prisoner gave him—it was taken out of his pocket by itself—I went to Mr. Hatchings, and received this counterfeit shilling.
Prisoner. Q. Ford gave you the shilling before it was marked? A. Yes, he did.
BENJAMIN MATTHEWS (police-sergeant T 12.) I saw a crowd round Mr. Hutchings' shop—I went to Mr. Woods, and received from Miss Green marked it was given to me.
MR. FIELD. These are all three counterfeit, and all east in the same mould.
Prisoner. I deny being the person that went into the two first places, and how am I to be indicted for passing a bad shilling, when they changed the shilling?—if they were not positive that they gave them ma, would they take one which they were sure was bad, and give me a good one back?
GUILTY . Aged 20.— Confined Two Year.
CAROLINE BLANEY . I am the wife of Hugh Blaney, a broker, in Marshall-street, Golden-square. On the 17th of December the prisoner came I for at skein of silk, three times—the two first times he had a shilling with I him, but I had not change—the third time he came between seven and I eight o'clock—he put down a shilling—I gave him a sixpence and four I pence farthing—I had no suspicion that the shilling was bad—I looked at it directly after he was gone by a candle, and took it to my husband, be said it was a bad one, and put it on the mantel-shelfhon Monday, the 19th, about ten o'clock at night, the prisoner came again for a pennyworth of needles—he put down a shilling—I took it up, and asked my husband to go and get change, and made a motion that he was the same boy—he went out and got a policeman.
HUGH BLANEY . On the 17th I received from my wife a bad shilling—I put it on the mantel-piece—it remained there till Sunday morning—I then put it into my pocket, where I had only two sixpences—I Then put into my pocket, where I had only sixpences—I kept it there till he came the second time, and then I gave it to the policeman—I saw ton on the 19th—my wife then gave me another shilling—I examined it, and saw it was a bad one—I went and got the policeman, and gave it to him—that was the shilling I received from my wife.
JAMES BURRIDGE (police-constable C 83.) I took the prisoner, and found on him two good sixpences—I received one shilling, and took the prisoner to the station-house—Mr. Blaney afterwards gave me the shilling which the prisoner had uttered on a previous occasion.
Prisoner. I received them for my wages.
GUILTY . Aged 18.— Confined One Year.
JOHN MINTON . I am a tobacconist, and live in Oxford-street. On the 19th of December, about half-past nine o'clock, the prisoner came for a pennyworth of tobacco, and offered me a half-crown—I gave him two shillings and five penny pieces; they were good; I rang them first on the counter—I am a good judge of silver—I gave him the change, and turned to a of—male to ask what she wanted—the prisoner said, "I don't think this is a good shilling"—I said, "I am certain I gave you two good ones, and if you don't like it I will give you another"—I threw him down a good one, and be threw down a bad one—I said, "What! is this a bad one? you have rung the changes on me?"—he said, "I have a right to rub it to see if it is good—here are my hands, I have got no more than what you gave me"—I said, "Go along with you"—he took it—I wrapped up the shilling in a piece of paper, and ultimately gave it to the officer.
Prisoner. Q. Did you not say, "That is a bad one?" A. No-you had not put it down—I said, "That is not the one I gave you"—I did not say, "I have my doubts about it."
WILLIAM RUSH . I was shopman to Mr. Morgan, a chemist in Oxford-street, not far from Mr. Minton's. The prisoner came about half-past wine o'clock in the evening of the 19th of December, and gave me two shillings and sixpence in halfpence for half-a-crown—he asked if it was good wheal gave it him—I said, "Yes."
JANE ANDUS . I am bar-maid to Mr. Sharp, at the Three Tuns, Port-man-street. On the 19th of December, about half-past nine or a quarter to ten o'clock, the prisoner came and wanted half a pint of beer—I served him—he gave me a good half-crown—1 gave him 2s. 5d. change—he went to the door, and came back and said I had given him a bad shillings—I said, "No; what I gave you were good"—he put down a bad shilling—I took it into my hand and said, "I have not given you a bad shilling"—I had examined the change I gave him, and it was quite good—as this was going on, some other persons came in, I marked the bad shilling, and gave it to one of them—the policeman was sent for, and the prisoner taken I did not change the shilling.
STEPHEN BULLWORE . I was near Holies-street on the 19th of December, about half-past nine o'clock, and saw the prisoner—a person with me desired me to follow him, which I did—I saw him go to Mr. Minton's shop—he came out there, and crossed over to Mr. Morgan's—when he left that shop he went to Mr. Sharp's—I waited at the door, and heard the dispute about the bad shilling—he was drinking the half-pint of beer-we went in and saw Jane Andus by herself—she said, "This man has given me a bad shilling"—I said, "Mark it"—I took it, and detained the prisoner till the policeman came—I kept the shilling till I went to the station, and marked it there—the prisoner struck me violently on the hand, and caused the shilling to fall—he used all his endeavours to get possession of it, but was prevented—I took it up and gave it to the inspector, and it was given again to the constable.
JOHN PHILLIPS (police-constable D 122.) I went and took the prisoner—I found on him two shillings, one half-crown, and sevenpence in copper—when I went in, he put the two shillings into his mouth—I told him to take them out and give them to me—he answered he would let them stay a little longer—I saw him attempt to swallow them—I took hold of him, and he dropped them out—I had not then been to Mr. Minton's,
but I afterwards got from him this shilling, which I produce, and this one I received from the inspector at the station-house—I have had them ever since.
Prisoner. When I was in the the tap-room, my money was all in my hand—you thought I had it in my mouth, and took hold of my throat, and I put it out of my hand. Witness. No, it is quite false.
MR. FIELD. These are both counterfeit, and from the same mould.
Prisoner. It is very hard that she should swear she never gave me another for it—it was the money they gave to me—I went and got another half-crown when I came out of the first shop.
GUILTY . Aged 22.— Confined Two Years.
ELIZABETH WHITE . I live in Little Knight Rider-street. My father is a baker. The prisoner came on the 5th of December for half-a-quartern loaf—he offered me half-a-crown—I called my father, and gave it him.
SUSANNA PEELE . I am the daughter of Mary Peele, and live in Bow-lane. On the 30th of November the prisoner came for half a pound of sugar—hegave me a bad five-shilling piece—I laid it on the counter—I am sure the prisoner is the man.
Prisoner. It was a mistake—I did not go into the shop knowing it was bad.
MR. FIELD. These are both counterfeit.
GUILTY . Aged 19.— Confined Six Months.
CALEB EDWARD POWBLL . I am solicitor to the Mini. I produce a copy of the record of the conviction of Elisabeth Hawkins, in the fourth year of his Majesty's reign—I have examined it, and it is a true copy (read.)
WILLIAM DURRAND COOPER (police-sergeant K 13.) I know the prisoner—I was present when the was prosecuted, in the February Sessions of 1834—1 took her into custody—she is the tame person that was then convicted.
Prisoner. It is false; I have been in custody of the policemen, but I do not know that he was at my trial.
WILLIAM CURTIS . I am shopman to Mr. Wilford, a shoemaker of High-street, Whitechapel. The prisoner came to hit house, one evening in November, for a pair of child's shoes—they came to 1s. 6d.—she gave me a crown-piece—I took it to Mr. Hughes—he told me to take it to Mr.
Pattrick, as he did not like the look of it—I took it, and saw Harding who said, "I think it is a tin one," but he gave me change, and put it into the till—I took the change to my master—the prisoner received part of the change, and went away—Mr. Pattrick brought back the crown-piece the next morning—on the 8th of December the prisoner came again, and asked for a pair of child's shoes, which came to 1s.—she gave Hughes a crown-piece—he gave it me to take to Mr. Pattrick—Mr. Pattrick cut it, and sent for the officer—eleven duplicates were found on the prisoner—one was for the pair of child's shoes she bought of us the first time.
THOMAS ROBERT HUGHES . I am brother-in-law of Mr. Wilford. I saw the prisoner when she came to the shop on the 18th of November—she offered a crown-piece—I told Curtis to take it to Mr. Pattrick's, and see if it was good—he brought the change—Mr. Pattrick brought back the crown-piece the next morning—I put it into my trowsers pocket—a person came in, and I gave it in change, but it was returned to me within five minutes—I then kept it in my waistcoat pocket—the prisoner came again on the 8th of December for a pair of children's shoes, and I let her have them at her own price, to see what she would give me—she gave me a crown—I sent it to Mr. Pattrick, and be cut it—during my boy's absence I told the prisoner I had got the fellow crown in my pocket, which I had taken of her a few days before.
JOHN TOBIAS HARDING . I am shopman to Mr. Pattrick. Curtis brought me a crown on the 18th of November—I thought it was a tin one, but I did not take notice of it—I put it into the till, and in a short time Mr. Pattrick came in and took the money out of the till—I had not taken any other crown.
JOSEPH PATTRICK . I went to my till on the 18th of November, and found a bad crown in it—I put it into my pocket, and the next morning I took it to Mr. Hughes—he gave me 5s. for it—Curtis came on the 8th of December with another bad crown; I cut it nearly in two, and returned it.
GEORGS ENGLISH (police-constable H 153.)I was called in to Mr. Wilford's, and took the prisoner—I received these two crown-pieces, which I have kept ever since—she was searched by a female at the station, and eleven duplicates were found on her—one was for a pair of shoes pawned on the 25th of November.
Prisoner's Defence. I throw myself on the mercy of the Court I deserted my poor afflicted parents five years ago, and have been living with a worthless fellow, William King, No. 8, Edward-street, Bethnal-green—he forced me to pass bad money by his ill usage—I left him for eight or nine months, and he came to me again, and said he had got work—I returned to him, and he again told me to go and pass bad money, and when I refused, he beat me and knocked me about—1 am not the only one he has led into this.
GUILTY . Aged 23.— Confined One Year.
GEORGE INGRAM . About the 15th or 16th of April I received a £20 bank-note from Mr. Jordan. I put it into my pocket, kept it about a month, and then lost it—I applied to Mr. Jordan, and he referred one to his banker—the prisoner was in my service as a coach-trimmer—he had the same opportunity of getting to my pocket as other persons had—he
was not on my premises after seven or eight o'clock At night—I discharged him, and afterwards received a paper from his uncle, but I do not know whose writing it is.
Prisoner. Q. Was it stolen out of your pocket? Witness. I think I lost it on my premises about the 18th or 19th of May, and I believe I dropped it in the loft where the prisoner worked.
COURT. Q. What makes you think so? A. Because I put my hand into my pocket to give my servant a sovereign in that loft—I am able to swear that I had the note safe on the Tuesday afternoon preceding the Wednesday, when 1 think I lost it—it got to the Bank on the 23rd of May.
WILLIAM WALKER JORDAN, ESQ . I am a barrister. About the 16th of April I paid this £20 note to Mr. Ingram—I wrote my initials on it—it is No. 12841, dated 10th March, 1836—4 had received three £20 notes from Messrs. Hoares, and I had other £20 notes.
JORN LEVY . I am a clothes salesman, and live at No. 69, Marylebone-lane. The prisoner came to my shop, with a young woman, on Whit-Monday or Tuesday, and purchased some clothes—he paid me this £20 note—he waited while I went with it to the Bank of England and got change—I put my name on it at the Bank—I gave the prisoner the balance.
Prisoner. Q. On the first night the officer brought me to your place, did you not say you were not certain of me? A. I said I did not exactly bow you; but I said decidedly the next day that it was you—I am sure you are the man.
THOMAS SOPER (police-sergeant F 6.) This is Sir Frederick Roe's signature to this examination—it was read over to the prisoner after he stated it—(read)—"The prisoner says, 'I found the notes just by the street door—the next day they were inquired for, but the numbers and dates were not stated—I thought if I gave them up I should lose my situation.' "
GEORGE INGRAM re-examined. I gave a general notice in my house of the loss of this money—I had bills printed, and spoke to the prisoner personally about it—I lost two £20 notes—the other has not been found.
GUILTY . Aged 23.— Transported for Seven Years.
442. CHARLES MILLER and THOMAS MITCHELL were indicted for stealing, on the 23rd of December, 112lbs. weight of lead, value 20s., the goods of John Quick, and fixed to a certain building; against the Statute, &c.
JOHN QUICK . I am owner of the house, No. 69, Mortimer-street, Cavenfab-square I had seen it about a week previous to the 24th of December—it was then in a perfect state—I saw it again on the 24th, and some lead had been taken away, which is here now—I have compared it with the roof of the house, and it corresponds exactly—I have not the least doubt it was taken from that house.
CHARLES RUSSELL SHEPPARD (police-constable C 82.) I was on duty in wardour-street on Tuesday the. 23rd of December, about a quarter before six o'clock, and saw both the prisoners there carrying this lead—I suspected it was stolen, and sent for assistance—I followed the prisoners, and asked
where they got it from 'Miller directly answered, that he brought it from Bloomsbury, and was going to take it to Mr. Jones, his master, who was a bricklayer in Bury-street' I said we would go with him' we went, and Mitchell laid down his lead, he went into the house, and shut the door—I knocked, and Jones came out' I asked him if it was right' he said yes, it was all right, and the men were in his employ I asked him then where the lead came from' he said it came from a shed which he had in Princes-street' I said I knew better than that, for I had met them with the lead in Wardour-street' Miller directly answered, "I brought it from Bloomsbury" I told him I was not satisfied, and wished them to go to the station-house we went there, and I found a knife concealed in Mitchell's cap, and a piece of candle' they were taken to Marl borough-street, and remanded till the following morning' I went to Margaret-street, and found the house the lead had been taken from' it exactly corresponded' the person we saw at their master's was the master's brother' the lead was not shown to him' it was against the wall in the yard, about ten yards off.
(Both the prisoners received an excellent character.)
MILLER— GUILTY . Aged 29.
MITCHELL— GUILTY . Aged 40.
Confined One Year.
Edwards pleaded GUILTY Confined Three Months.
JOHN HOBBS . I am a shoemaker, and live in Shadwell. On the 23rd of December I was sitting in my parlour and heard something fall' I am to my shop door' a lad gave me information, and I went to the station-house 'these are my shoes which I missed then.
HENRY PARKER (police-sergeant K 10.) I went to Paine's house on the 20th, and found him there' I said I wanted him on suspicion of stealing a pair of shoes' he said he had not, but Edwards stole them, and bad given him the knife to cut them down, which he refused to do and all he knew was that he received 1s. 6d. as part of the money.
PAINE— NOT GUILTY .
MATTHEW GODFREY WIGHAM . My office is in Broad-street Chamber, On the 20th of December the prisoner came there selling door-mats' I had known him in that occupation for two or three years' I bought a mat of him, for which I was to give him 2s., but not having any silver I told him to call again' he called the next morning, but I had thought no more about it and had no change' I told him to call again' he said, "I should like to have the money' I am going to the West end of the town "'I said "I have nothing less than a sovereign"' he said, "I will go and get changes"—hetook the sovereign, and went to the public house opposite to get change, and left his six mats behind him' he never returned' I have the mats now' they are worth about 9s.
Prisoner. He bought seven mats of me for a sovereign, and I suppose he repented of his bargain' my being a stranger, he would not have trusted
me with sovereign—heshould have brought the mat. here, and let them have been valued—they are well worth the money.
Witness. I have seen him about, but never bought any thing of him before—I did not purchase the seven mats—he called for the 2s. for one mat—I bought nothing of him the second day.
(The prisoner received a good character.)
GUILTY —Aged 22.— Confined Three Months.
JOHN WHITCHELO . I live with my brother charles, in Connon-street-road. I was in the shop and saw the prisoner come and take this scale off the weighing-machine—he put it under his jacket and walked off—I took him with it.
The Jury being of opinion that the article was not a scale, but a scoop, the prisoner was
JAMES WHENNELL . I am waiter to Mr. William Ward, who keeps the Red Lion in Rosamon-street. The prisoner was in the tap-room for three or four hours on the 4th of January—I saw her go out—I followed, and caught her—I accused her of taking two pint pots—she owned she had one, and said if I would let her go she would give it me—she produced one—I took her to the station, and then she produced another—these are the pots.
Prisoner. I throw myself on the mercy of the Court.
GUILTY . Aged 29.— Confined Six Months; One Week Solitary.
Fifth Jury, before Mr. Sergeant Arabin.
447. DAVID MILLS, GEORGE TURNER, GEORGE BAN-CROFT , and JOHN MOORE , were indicted for stealings, on the 17th of December, 3cwt. of coals, value 5s., the goods of Maltman William Stevens Shaw, and another, in a barge upon a navigable canal, called the Regeat's canal.
MR. PAYNE conducted the Prosecution.
MALTMAN WILLIAM STEVENS SHAW . I am in partnership with Mr. Piko at Union-wharf, on the right-hand side of the City-basin. On the morning of the 17th of December, I had two empty barges and one full one, lying there—I was on the bridge looking over towards the basin about half-past one o'clock, and observed a fly-boat come through the bridge—I observed the name of the Alert on it, in black letters on a white ground—it steered its course alongside my barge—I was not in a situation to see the people on board the boat, but I saw two men jump from the boat on board of my full barge, the Emma—I observed one man steering, and another on board the fly-boat—I cannot speak to either of the prisoners, as being the per-sons—the man who was steering was a considerably larger man than the others—I saw the two men who were on board my barge stoop and take up something and throw it into their boat-they took something from the stern of my barge and put it in the bow of the boat, which was along-side
the stern of the barge—the Alert was passing as slow as a child could walk, and as they came to the head of the barge, they took something from the bow of it—I then heard a voice from Mr. Pickford's side, call out, "It won't do, Jack"—I think it was repeated twice—the man on board the fly-boat put the tiller off, and the two men on board the barge jumped into the boat, which went towards Pickford's—I went and got a policeman, and he obtained others—three attempted to go to the boat, but one could not get over the gates of my wharf, and he remained behind—I and two policemen went on my wharf, got into the barge, put it off, and they went on board the Alert—I did not go on board—I acted as waterman for them-the Alert was moored outside some boats of Mr. Pickford's—I described to the policemen what I had seen, and the place where I had seen something put—I heard the question asked by some one in the boat, "What do you want here?"—"We come to search for coals," was the reply—I was not on board then, but I think I did go on board—three of the prisoners were then at the stern of the boat, and one at the head—they were in hearing when I pointed out the head of their boat to the policemen, which was quite filled with Bellmoor Wallsend-coals—the same as I had twenty-eight tons of in my barge—I found from two to four or five hundred weight on board the boat—the prisoners were taken in about an hour, or an hour and a half, afterwards—some of the policemen staid, while others went for assistance—I heard Mills, who was the captain, say he would not go, he could be found in the morning—the policemen said, "You must go now"—I examined my own barge, and saw holes where it appeared the larger coals had been taken out.
Cross-examined by MR. DOANE. Q. You were standing on the bridge? A. Yes—that was about ten or twelve yards from them—it was a very fine night—I could see their faces, but not their countenances—I had three barges on the canal, Mr. Pickford's is on the opposite side—I should think there were about five boats there—they were three abreast, so that they would project into the water, and leave a narrow space that would cause a boat to approach nearer the middle—I do not recollect one of the barges slipping its moorage—it was almost a matter of necessity to steer the boat near my barge in going along—the luggage was piled up in the centre of these boats, between the stern and the head, so that the per-son at the stern would not be able to see every thing that was going on in the fly-boat—there was a covering all over the boat—these boats do not draw many feet of water—the tarpauling is raised up high—it was about a minute from the time they jumped from the boat to the barge, to the time they left it.
MR. PAYNE.Q. Are these boats narrow? A. Yes—there was nothing to prevent a man at the stern of the Alert from seeing two men on bow the Emma—the man at the stern cannot see the man at the head-my gate was locked, and no person could get there—when I saw the word Alert, the boat was nearer to me than when the men were taking the coals.
JOHN PIKE . I came up with the Emma on the 17th from Mile end—I brought her to my brother's wharf—he is a partner of Mr. Shaw's—the barge was very large, and level with coals—there were no spaces—it arrived about one o'clock in the morning.
EDWARD FIELD (police-constable N 84.)I was applied to about half-past one o'clock, and got three more policemen—two went with me on board the barge—one could not get over the gate—I went on board the Alert, and saw the three prisoners, Turner, Bancroft, and Moore, and a
boy—I told them I was come to search the boat, at I was informed by Mrs. Shaw that they had stolen some coals from a barge on the opposite side of the canal—one of them said they had no coals—after being some minutes in the cabin, one of them said the captain was on board, and he would tell me all about it—Captain Mills then came from his bed—he said I should got search the boat unless I had got a search-warrant—I said I certainly should, and I proceeded to the fore hatchway—I found that it was full of coals—I took them out and showed them to Mr. Shaw—he owned some, and some he said were not his—I put a sample on Mr. Shaw's barge—one piece we have here weighs 60lbs.—Turner said, "Do not take our beef"—I saw no beef there—I suppose it is a name for coals—I went back to the cabin and said they might consider themselves my prisoners—Mills said he could not leave that night, he had got some thousands of pounds worth of property in the boat, and would not leave—my brother officer came on board the barge in about an hour—I sent him for more assistance, and seven or eight more officers came, and then the prisoners very reluctantly went to the station-house—one of them said they had begged the coals on the way—the case was adjourned four times by the Magistrate, because one of them said there were some recruits on board—the corporal and one man appeared last Monday.
Cross-examined. Q. Was not Mills let out on bail? A. Yes, twice.
DAVID DODSON . I live at Islington, and am a coal-merchant. I want to Mr. Shaw's barge very early on Saturday morning, and saw it had been disturbed—I saw great vacancies in the coals at the head and stern—I then went on board the Alert—I found some coals on board, the same sort as those on board the barge—they were Bellmoor Wallsend—I was a coal-meter for sixteen years—I observed other coals on board—they were Stalk fordshire coals—I suppose two or three hundred weight were missing from the barge.
Cross-examined. Q. I suppose that Mr. Shaw has not all the Bellmoore coals that are in existence? A. No, it is quite a new coal—I do not know the difference between these and Stewart's Wallsend, unless they are together.
MR. PAYNE.Q. Did they tally in all respects with those in the barge? A. Yes—I broke some of them, and examined them very particularly.
HUGH SLOANS . I am a corporal of the 9th battalion of Royal Artillery. I know the Alert fly-boat—I came from Preston Brook by her, and arrived in London about one o'clock that morning—I had nine young men who were recruits of the 4th battalion—when I entered the tunnel at Islington I was inside, wide awake, and kept awake—we were in the after-part of the boat, covered with a tarpauling—only one of the ends was open—dating the last days of the journey we were all underneath—there was a passenger named Bright on board, and from the time of our coming to Islington till we arrived at Pick ford's, neither I nor the recruits, nor the passenger, got from under the tarpauling—we did not remove any coals—I heard a noise on board, and asked the passenger what it was—when I went away the prisoners were not there—I kept all my recruits there till I went away—it was a beautiful moonlight night—I peeped out occasionally.
Cross-examined. Q. Did you not go out all night? A. No—I was asleep the fore part of the night—the men could not have gone out without my seeing it.
board; but I cannot speak to the names of the persons who come in, only the names of those who go out—we do not allow them coals.
Cross-examined, Q. How many years has Mills been in the employ of your firm? A. Upwards of thirty years—his character has been most irreproachable—men frequently jump on each other's boats for the purpose of legging them through, as they term it.
TURNER— GUILTY .
BANCROFT— GUILTY .
MOORE— GUILTY .
Recommended to mercy.- Confined Three Months.
MILLS— NOT GUILTY .
448. JOHN WOODWARD was indicted for stealing, on the 17th of December, 50 wooden boards, value 2l. 10s.; 9 battens of wood, value 18s.; 41 pieces of wood, value 2l.; and 15 yards of stained paper, value 3s.; the goods of Francis Sandon.
FRANCIS SANDON . I am a builder, and live in White-conduit-street. This wood was taken from a yard adjoining some cottages—the prisoner was doing some zinc work for me—he did not work on the wood—he worked part of it on my premises, and part at home—I had some suspisions on Friday morning I wanted Lee—I saw him at a distance, working with the prisoner, and on going across I saw the prisoner with this wood which I had lost about six weeks ago—I was thunderstruck, and said to the prisoner, "Where did you buy this?"—he said, "Of Mr. Solomon, up in Shoreditch"—I put my rule on it, and saw it was exactly the length of some battens I bought of Mr. Wilkinson, in Old-street—I then called Tom Lee on one side, and said I thought it was stolen, and took him with me up to Solomon's—I saw no stuff like mine there—I came back to Islington to seek Brown, a constable—we went to the prisoner, and I gave him into custody—I found twenty battens altogether, ten feet long, 7 by 2—the value of the whole is about 5l.—it is my property.
Cross-examined by MR. PHILLIPS.Q. You do not mean to represent that the prisoner was in your employment at this time? A. Not at the time he was taken—I found him working about twelve or one o'clock in the day, a hundred, or a hundred and fifty, or two hundred yards from my house—I went to Mr. Nias, one of his employers—he is a solicitor I believe—I told him all the particulars—the prisoner was taken up on the Friday—I am not certain whether I saw Mr. Nias on the Friday evening or Saturday—I do not recollect that I asked him whether he had missed any thing—I should not like to swear it—I have been with Mr. Nias, at his own request, since—I think last Saturday night was the first time—I did not say that one of my men had seen the prisoner bring wood from my premises to one of Mr. Nias's empty houses, nor any thing to that effect—upon my oath Mr. Nias did not afterwards insist on my naming the man who had given me the in formation—Mr. Nias offered me the key to go to the empty house, but that was in consequence of my man saying that if I searched that house I should find some of my wood there—I do not think that Mr. Nias told me to give the name of my informant up—he might have done it—I do not recollect that on Tuesday I refused to tell him the name—if he had asked me, I should have told him in a moment—I told him I believed I was told that if I searched those premises I should find my stuff there—I might have refused to give up the name and forget it—I did not tell
Mr. Nias that the man had stolen the zinc—I went to Mr. Nias to go over his premises—he offered me a latch-key, but stated that the prisoner had not had it, and I did not take it—the prisoner does carpentering work—I asked Mr. Nias what the prisoner charged—he said 4l. 12s.—I did not offer to do it cheaper—I said if the oak' posts were Mr. Nias's, it was a fair price—I said I would do it for less—I did not want the job—I have been a carpenter ever since I was fourteen—I never failed—I come pounded with my creditors—I paid two or three of them ten shillings in the pound—I have been arrested two or three times, and been in White-cross-street—I got out by paying everybody—I found on the prisoner's premises nine of my battens, and a number of pieces of wood—about twenty pieces, and all the stuff in the fence was mine—some of my battens were two inches and a quarter thick, some two inches, and those that were two inches and a quarter thick I ordered to be cat into three boards, and the two and-a-quarter battens I marked with chalk marks, and my marks were on them when I found them—a man might wipe them out.
Cross-examined. Q. Was not what he said, that he bought a good deal of wood of him? A. He said that he got that there—the prosecutor took me to Solomon's—there was no concealment in the prisoner's working this wood—it was less than two hundred yards from Mr. Sandon's pre-mises.
HENRY BROWN . I am a constable. I went with the prosecutor, and found some wood, near to where the prisoner was at work—he was at work openly-Mr. Sandon claimed all that was there, except four posts—I told the prisoner he was in an awkward situation——he said he had bought it, and paid for it—I asked him where, but he hesitated, and made no answer.
Cross-examined. Q. Did he not say he could produce a receipt for it? A. Yes, he did.
ROBERT HEROD . I worked for Mr. Sandon about two months, and last Friday he sent for me from the public-house, and said, "Have you any knowledge of this stuff?"—I said, "Yes, it is some of your wood"—I saw three chalk marks on it—I thought they were Mr. Sandon's marks—I saw Mr. Sandon mark them for me to cut—I believe they were the same marks—I cut the piece, but I could not swear to the cutting.
Cross-examined. Q. It is a very uncommon mark, is it? A. Yes, for sawyers to have—I was asked at the police-office where I lived—I had lived there about six weeks—I said it was down in the back gardens, but I could not tell the name—the gentleman asked me if I could not tell the name of the place, and I said, "No. 10, Loggerhead-lane"—that is my brother's direction—this is my writing—I did not know the name of the gardens—they said, "Say somewhere near," and I said that.
JOHN ASHLEY (police-constable N 104.)I remember about three or four weeks ago, seeing the prisoner with some pieces of wood about tea feet long, carrying them from Mr. Sandon's buildings—they were opposite the gateway then.
Cross-examined. Q. You did not see them on the premises? A. There
were three men, the prisoner was on first—I saw one of them coming from the gate—I did not see the prisoner on the premises—I knew that the men worked for Mr. Sandon—these boards are about ten feet long.
Cross-examined. Q. How much paper was on the man's premise? A. I saw two sets of patterns besides these—there might he fifty or sixty patterns in each lot.
NOT GUILTY .
449. PHILIP FULCHER was indicted for stealing, on the 31st of December, 1 spoke shave-iron, value 9d.; and I saw set, value 1s.; the goods of Thomas Gudgeon, his master; and one spoke-share, value 1s., the goods of Joseph Gudgeon.
THOMAS GUDGEON . I am a wheelwright. I lost some tools about the 31st of December—the prisoner had been my journeyman for two weeks—this iron and saw-set are mine—I had used this iron within ten days.
Prisoner's Defence. They are my own—I have had them ever since I was at the lodging.
NOT GUILTY .
OLD COURT.—Saturday, January 7th, 1837.
Third Jury, before Mr. Recorder.
450. WILLIAM PRICE, CHARLES PRICE, DAVID JULPH , and THOMAS JULPH , were indicted for stealing, on the 31st of December, at Edmonton, 1 sheep, price 1l. 18s., and 1 ewe, price 1l. 10s.; the property of Richard Booth Smith: and MARIA JULPH for feloniously receiving 48lbs. weight of mutton, value 1l. 5s., part of the said goods, well knowing the same to have been stolen; against the Statute, &c.: and SARAH PRICE and THOMAS MASON , for feloniously receiving 481bs. weight of mutton, value 1l. 5s., other part of the said goods, well knowing it to be stolen; against the Statute, &c.
SIMON SMITH . I am a policeman. On the 1st of January I obtained a search warrant, and went to the house of Sarah Price, in Fair-lane, Edmonton, and saw her and Mason—on searching the cupboard of the room they were in down stairs, 1 found the head, the heart, and part of the lights of a sheep, raw and fresh—it had the appearance of being fresh killed—I went up stairs into the bed-room, and in a box there I found the legs, shoulders, part of the neck, and part of the loin, fresh killed—I found five other joints hanging on hooks in the bed-room not concealed—there was a loin, a neck, and two pieces of the breast—I went into the garden, but did
not find the skin there—I found a sack on the floor of the room they were in, marked "R. B. Smith," and another sack in a cupboard in the same room, marked "Judd, Edmonton," and a pewter pot—I told Price I must take her into custody for hating the meat there—the laid the knew nothing about it, as her sons brought it there while she and Mason were at Edmonton on Saturday night—this was Sunday morning, between ten and eleven o'clock—Mason said it was a bad job—they were taken to Edmonton watch-house—I know Mrs. Price rented the house, and Mason lived there, and William and Charles Price also—I afterwards went to Maria Julph's house, in Bury-street, Edmonton, and as I was going to the door, Charles Price came from the door—I asked him if his name was Julph—he said no, it was not—I told him he roust come into Mrs. Julph's house with me—when the door was opened Mrs. Julph stood against it—I asked her if her name was Julph—she said no, it was not—I asked her if Mrs. Julph lived there—she said, "No, she lives further down the street"—the prisoner, Thomas Julph, then came into the room—I asked him if his name was not Julph—he said, "Yes"—I told them I had a warrant to search the house for some mutton—Mrs. Julph replied that I could not search the house on a Sunday—(she is the mother of the prisoner David)—on searching the back bed-room down stairs, I found four or five joints of mutton in a dish in the cupboard; and in the back washhouse I found four or five other joints and a sack, and in the same place the skin of a sheep in a bag—I found the entrails of a sheep fresh killed down the privy—the sheep was without head or feet—the joints made up the entire body, short of the head and feet, except some pieces which were in the pot cooking for dinner.
JOHN KENT . I am a policeman. On the Monday morning I searched for the skin of the sheep, and found one in the New River, at Highfield-row—I compared it with the head of a sheep produced by Smith—they corresponded, so as to enable me to speak positively to its being the head of the same sheep as the skin belonged to—it fitted the head.
RICHAID BOOTH SMITH . I am a fanner, and live at Huxley farm, Edmonton. I saw my sheep safe in the gravel-pit field, at four o'clock on Saturday afternoon, the 31st of December—next morning, about nine o'clock, I was in the field, and missed two sheep—one of them was a ewe—I found the head and feet of a sheep in the field—I traced it by blood to the corner of my stack-yard—in consequence of information, I obtained a search-warrant, by means of which the mutton was discovered at Price's—traced blood round in the direction of Price's house—I compared the skit found by Kent in the New River, with the head found at Price's house, and I could ascertain they formed part of the same animal, and there were parts of the carcass on which the wool was left—part of the skin was left on the mutton at Price's, which exactly corresponded with the skin—4t was the skin of one of my sheep; and the other found at Julph's was also the skin of a sheep I lost—I found the head and feet in the field corresponded with the skin found at Julph's—the mutton at both places had part of the skin left, which agreed with it—one skin has my initial on it near the hip, and the other has a star branded on the same spot.
quite fresh, when I took it off him—the knee of his trowsers was split, and the lining of the knee was all bloody.
RICHARD BOOTH SMITH re-examined. I traced the footmarks of four persons driving the sheep into a pit, and out of it into the snow-two of them were boys' shoes, and two small-sized men's-none of them were large—the tracks led to the corner where the sheep was slaughtered, and out again, and ended on the high-road where I first tracked the blood; and the blood went from there to Price's house all the way—I can undertake to say they were not women's feet.
SIMON SMITH re-examined. I followed the tracks of blood down Fair-lane—there were traces of blood to Price's house, and on to Julph's, and there was blood in the washhouse at Julph's—the prisoners' shoes were clean, I did not compare the footmarks.
HENRY JOHN SAWYER . I was present at the prisoners' examination before Mr. Edward Roe Mores, the Magistrate—I took down the deposition and examination in his presence—I took down what the partial said nearly verbatim—I believe it was word for word-this examination of David Julph is in my hand-writing—I took it down from his mouth-this is the Magistrate's signature to it—I read it over to David Julph, and explained it to him—I told him it would be given in evidence against him, and he put his name to it after that—hesaid it was right when I read it—I also took down what William Price stated—hewas cautioned that it would be used against him, in the Magistrate's presence—hestated what I took down, and it was read over to him—I asked him whether be would sign it or not—hesaid, "I shall not sign it"-When I read it over to him, I asked him whether it was right, and he said, "Yes"—I recollect putting that question—I told him to listen to what I had taken down, and if there was any thing wrong in it, to correct me—hedid not object to it on account of its being incorrectly taken—I do not know why he refused to sign it—I am quite sure he was asked whether it was correct or right the Magistrate said, "Well, Mr. Sawyer, he says it is right, but refused to sign it-so put that down" (looking at the examination) this was truly taken from his lips (read).
"The prisoner David Julph having been cautioned not to say any thing to criminate himself, and being asked whether he is guilty or not, says,' I took the sheep—I and my brother, and the two Prices, Charles and William, went into the field of Mr. Richard Booth Smith, about seven o'clock in the evening on Saturday last—it was the gravel-pit field-we had made up our minds just before twelve o'clock to go and take the two sheep—William and Charles Price and my brother Thomas met me in Bury-street and asked me to go with them—I at first refused, but after much persuasion I consented to do so-Charles Price first asked me, then William asked me, and afterwards my brother Thomas-when we got into the field, we caught two sheep—I and my brother killed one-and the two Prices took theirs away alive-we left the head and feet in the field-we took our sheep home and skinned it there, and gutted it there-my mother was gone to bed, the door was open, she usually left it open-on getting home we cut it up with a knife and chopper-we then put it into a cupboard below stairs in a back bed-room—I put the skin into a bag, and some joints into another sack wrapped in a cloth-we put the entrails down the privy.
"The prisoner William Price having been cautioned not to say any thing
that might criminate himself, and being asked whether he it guilty or not guilty, says, 'I am alone guilty—I do not know my brother's age—on Saturday last I was at home, I slept at home that night with my brother Charles and another younger brother—the mutton was brought home to my mother's house—when she was out, about seven o'clock in the evening—I killed skinned the sheep in Mr. Booth Smith's field—I did it all myself, no one helped me—I left the skin in the field, as it was of no use to me—I put the mutton into my own clothes-box up stairs—I refuse to sign what I have stated.'"
William Price. I have nothing to say, only my mother knew nothing about it—she was not in the room when I brought it home.
Thomas Julph. My mother knows nothing about it.
Mason's Defence. This woman and I were at Edmonton, buying goods when the meat was brought.
WILLIAM PRICE— GUILTY . Aged 17.
CHARLES PRICE— GUILTY . Aged 15.
DAVID JULPH— GUILTY . Aged 15.
Transported for Life.
T. and M. JULPH, S. PRICE, and T. MASON.— NOT GUILTY .
(Charles Price and David Julph were recommended to mercy by the Prosecutor, believing them to have been seduced by William Price.)
NEW COURT. Saturday, January 7th, 1837.
Fifth Jury, before Mr. Common Sergeant.
MR. PRICE conducted the Prosecution.
WILLIAM WILLIAMS . I am the parish clerk of Newington. I produce the register of marriages of that parish—on the 18th of February, 1833, I find an entry of the marriage of John Wishart, bachelor, with Sarah Alicia Lushman, spinster, married by banns, by the Rev. Thomas England, in presence of Richard Chipperfield and Hannah Chipperfield—I was present, but I cannot swear to the prisoner. Richard Chipperfield. I live in James-street, Clerkenwell. I how the prisoner, and was present at the church of St. Mary, Newington, in February, 1833, upon the occasion of his marriage—he is the person that was married to Sarah Alicia Lushman, whom I saw last evening.
Cross-examined by MR. CLARKSON.Q. What are you? A. A book-binder—I have lived in Clerkenwell upwards of two years—I know Mrs. Collins—she is the very person who is here called Sarah Alicia Lushman—she is called Mrs. Collins, and was so long before—she lived some time with Mrs. Chipperfield while she was single—my wife knew her by the name of Collins—she did not go by that name till the marriage—about a month previous circumstances took place which made a very great difference—I know Mr. Collins by seeing him at a public-house—he never passed as the husband of Mrs. Collins in my presence—they did not live together then, but I understood they had done so—I heard her speak of her children by Mr. Collins—there were two children, who both died—they separated, and she lived with Mrs. Chipperfield a few days I have not seen Mr. Collins since the prisoner's marriage, but
I saw the coffin in which he was, two or three months after the marriage, in—the room when he was going to be buried.
MR. PRICE.Q. Have you any doubt that the person who went by the name of Mrs. Collins was in fact the very Sarah Alicia Lushman who married the prisoner? A. Not the shadow of a doubt.
HANNAH CHIPPERFIELD . I am the wife of Richard Chipperfield. I was present with my husband at the marriage of the prisoner with Sarah Alicia Lushman, on the 18th of February, 1833—I have seen hit wife lately.
JOSEPH ROBERT . I am the parish clerk of St. Mary, Islington I produce the register of marriages for last year—on the 3rd of September, 1836, I find the marriage of John Wishart to Jane Abbot, spinster—I was present, and have not the least doubt the prisoner is the man.
MR. CLARKSON called
MR. PRICE.Q. Did you know any thing about Collins? A. No, but I understood he died in our parish workhouse.
GUILTY . Aged 40.— Transported for Seven Years.
JOSEPH WRIGHT (police-constable R 137.)A little after eight o'clock on the 31st of December, I was passing Mr. Cowell's shop, and saw the prisoner take this piece of beef—he was carrying it in this basket.
Cross-examined by MR. PAYNE. Q. How far off were you? A. Seven or eight yards, passing by—the shopman was reaching to tab a piece of meat off the hook, and the prisoner took this off the shopboard—I do not know that there were any persons in the shop—there were four or five standing looking at the meat, on the same side of the way—the prisoner was nearest to the shopman.
WILLIAM SMITH . I am servant to Mr. Cowell, a butcher, of Knightsbridge. I do not know whether that is my master's beef—I sold the prisoner none—the policeman brought the prisoner to me, and asked me if I knew this beef—I said no, I did not.
Cross-examined. Q. You did not miss any beef? A. No, there was so many pieces cut, I could not.
JANE WOORROW . I live in Furnival's Inn-court, Holborn, and am a widow. About twelve o'clock on Saturday night I was coming to my lodgings in North-street, Finsbury, and met the prisoner—she said, "Come old girl, will you give me something to drink?"—I went to lower White-cross
street, and called for a quartern of mm and shrub, and treated her—I put some flour which I had, on the counter while I paid for the spirits—the bag burst, and the prisoner asked me to give her a handkerchief to tie it up—I had never seen her before—she kept the flour—I had not drunk much—I had only had one glass of port wine with my brother before I saw her—when I came out of the public-house I felt quite intoxicated—I had rather more than a glass of spirits—after we got about twenty yards from the public-house she snatched the shawl from my shoulder, and the bag from my arm—she was quite sober—I called out 'Police,' and the watchman came up—we could not find the shawl that night—this is it—I did not give it to her, nor the bag.
Cross-examined by MR. PAYNE. Q. Where did she snatch the shawl from you? A. In the street—I saw her again on the 28th of December—I did not say I was sure it was her from her bonnet and shawl—I have been married—since my husband's death I was unfortunate for five weeks—I left that off last Wednesday week—I am now at my brother's, who is a glass-cutter in Furnival's Inn-court—the prisoner ran down a court,. And we could see no more of her—it is about twenty yards from the public-house.
Cross-examined. Q.. Did you know her before? A. I did, and am quite sure she pledged it.
(Property produced and sworn to.)
GUILTY . Aged 22.— Confined Six Months.
MARY TURLEY . I am servant to Mary Smith, a single woman, who keeps an oil and colour shop in Turnmill-street, Clerkenwell. I saw the prisoner in the shop on the 5th of August, between eight and nine o'clock, and saw her go out—I went and brought her back, and found this soap in her apron—I had not sold any that morning—I had such soap in the shop, and missed it.
Prisoner. I went out for some tea for my breakfast, and I put my foot on the till of the door to go for a bundle of wood—she came and said, "I have got you now"—she pushed me into the parlour—I never saw this soap till I saw it on the floor. Witness She threw it down out of her apron as she was going into the parlour.
GUILTY . Aged 55.— Confined Three Months.
ANNE HALLIDAY . I am the wife of Henry Halliday, and live in Charlton-street, Somers Town. On the 2nd of January I missed these two reams of paper from my shop—I saw them safe between four and five o'clock.
(Property produced and sworn to.)
Prisoner's Defence, I was coming along, and a gentleman gave me this to carry to Tothill-street, Westminster.
GUILTY . Aged 17.— Confined Three Months; Three Weeks Solitary.
456. MARY ANN MACKIE was indicted for stealing, on the 4th of January, 5 shawls, value 1l. 5s.; 3 gowns, value 14s.; 1 cloak, value 6s.; 2 pairs of boots, value 7s.; 1 handkerchief, value 2s.; 2 yards of linen cloth, value 2s.; 1 veil, value 4s.; 8 pairs of ear-rings, value 10s.; 1 brooch, value 1s.; 1 pencil-case, value 6d.; 1 watch, value 5s.; 1 fan value 6d.; and 12 yards of ribbon, value 1s. 6d., the goods of Thomas Capps, her master.
THOMAS CAPPS . I reside in Old-street-road, and am a pawnbroker. The prisoner was my servant for about six weeks—in consequence of Suspicion, I sent for the officer—I called the prisoner, and desired to search ha boxes, where I found all the property stated—the articles and the tickets on are them.
Prisoner. I throw myself on the mercy of the Court.
GUILTY. Aged 16.—Recommended to mercy by the Prosecutor.
Confined Six Months; Three Weeks Solitary.
MR. CLARKSON conducted the Prosecution.
JOHN PUNTER . I am a master-carman, and live in Northumberlandalley, Fenchurch-street. The prisoner has been in my service from ten to twelve years—he used to go out with my cart, and receive payments for me—he was to account for them the following morning—I remember his carrying some goods for Mr. Henry Smith on the 10th of August—what he received he brought to James Thomas, my book-keeper—he never accounted to me for the receipt of 5s. on that occasion—Thomas gave me 4s. 2d.
Cross-examined by MR. DOANE. Q. What is the charge for carting? A. We have of late had no fixed price for carting a chest of tea—some people, though they do not live so far, will give more money than those who live at a distance—it is at the gentlemen's own disposal to give my man a trifle for beer—it is quite a chance what they are to have for carrying a chest of tea, but all they get I expect to receive—I found this out on the 8th of December, as near as I can recollect—he staid in my service till the 24th of December—I gave him a week's notice—as soon as I heard of this, I went round to make inquiries about it, and it took me some time—I did not give him in charge till the 4th of January—none of my customers have made complaints about me, not to me.
MR. CLARKSON.Q. You discovered this on the 8th of December? A. Yes. I proceeded to make inquiries into the nature of the transactions between the prisoner and the customers—I found enough to justify me in discharging him on the 24th of December, and then, on the 4th of justify me in I took him on another charge.
August the prisoner paid me 4s. 2d. as having been received from Mr. Smith.
GUILTY.Recommended to mercy by the Jury . Confined Six Months (There was another indictment against the prisoner.)
ANN FRANCIS . I am the daughter of George Francis, a baker in Cleve Imi-street, Fitzroy-square. About eight o'clock in the evening of the 4th of January I was in the parlour, and heard a noise in the shop—I ran out—the prisoner was behind the counter—the till was drawn out and on the floor—he was then taking the money out—1s. 6d. in silver and some half-pence were gone—I sent for a policeman.
HENRY COLEMAN . I was there talking to Ann Francis—I ran into the shop, and found the prisoner with 1s. 6d. in his hand and one penny—he threw it on the pavement, and it bounced into the road—I brought tin back into the shop, and sent for an officer.
GUILTY *—Aged 10. Transported for Seven Years.
JOHN TRAYNOR . I am clerk to Aaron Levy, of High-street, Rochester. On Thursday, the 15th of December, I was in Oxford market—I came to town with James Gordon and several others—I saw him receive a £5 note and some sovereigns from Captain Kemp, in Oxford he was in the act of handing a £5 note to me, when the prisoner rushed in between him and me, and snatched the note out of his hand—I followed him to the door of the market-house with the deceased, but one of his associates collared me, and knocked me down, and struck me—he is now in the House of Correction—Gordon is dead, and I attended his funeral—he was discharged from the service for ill health, and through losing his money it brought on his death.
Cross-examined by MR. PAYNE. Q. What is Mr. Levy? A. A slop-teller and dealer at Rochester. Gordon did lot come up is custody—Levy advances money to soldiers—I did not know the prisoner before—I did not collar the prosecutor, and demand the money—I had no occasion—he was in the act of giving me the money, when the soner rushed up and took it from him—it was between twelve two o'clock, in the inner apartment of Oxford-market, which is allotted for the payment of invalids—the office was pretty full of soldiers—I saw the prisoner again between three and five o'clock—I did not take him to a public-house—I went to the White Hart—I do not know what became of Gordon—I stopped to get the money for other soldiers—I next saw in the White Hart—I got information he was there, and went after the prisoner—I found him there, and Gordon—Mrs. Flannery was in the tap-room—I said at the same public-house all night with Gordon—I went with the prisoner to the office, and brought Gordon, back, as he had no money—I
took him down to Rochester, and he died there—I saw him before he died—the prisoner could not be receiving a pension—I know nothing about him.
THOMAS THORPE (examined by MR. PAYNE.) I am the corporal. Q. Did you hear the prisoner say he had the £5 note? A. I saw him take one as I was on duty—Gordon and I afterwards went to ft public-house, and the prisoner came in while I was there—I said to the Gordon, "This is the man that took the £5 note from you"—he called me a d—n liar—I up with my fist and knocked him down—after that he attempted to make his escape across the road—I followed, and brought him back by the collar to the house—I said, "You shall not go out of this house till you give up the note"—he said be would not give it up till the pensioner gave him 30s.—Gordon said he had no change, and he did not owe him 30s.—I do not think I said that before the Magistrate—I was fetched in a violent hurry—I was in the hospital a week after, through the ill usage I got from the prisoner—he went out a second time—I went and fetched him back,; a man named Langdon came in, and the prisoner said, "Here is that d—d corporal, he has brought me back; why don't you give him a good hiding?"—I was at the door at the time, and then one of them came and knocked me out of the door—I fell on my head, and there were three or four of them on me—the prisoner was one of them—I do not think I said that before the Magistrate.
COURT. Q. Is the prisoner the man who took the note? A. Yes—I have no doubt of it—I was inside at the time—there might be forty or fifty invalids coming to receive their pensions—Traynor ran after the prisoner, and Langdon knocked him down.
THOMAS CHESHIRE re-examined. I took the prisoner into custody, between four and five o'clock, in Oxford-street, close by Oxford-market-the—row took place in a house in Oxford-street, but directly Flannery pointed out the prisoner, she told me the prosecutor was at the White Hart—I took the prisoner there, and went and found the prosecutor lying asleep—I took Gordon to the station-house—I heard the prisoner say to Gordon, "Do you mean to say that I stole the note?"—he said, "You did steal it," or "you did not give it to me"—he made some reply, but I did not exactly catch the words—the prisoner said he had got the note to take care of, and I should not have it.
MR. PAYNE to JOHN TRAYNOR. Q. Do you mean to swear that the prisoner and Gordon were not acquaintances? A. They were not—the de-ceased was twenty years in the East India service—I am a pensioner from the 87th regiment—I do not know that the prisoner was a sergeant—I know Sergeant M'Coy—he came up to get some pension—the invalids come up once a month, and there are often many hundreds of people who try to get the money from these men, when they get drunk.
CATHERINE FLANNERY (examined by MR. PAYNE.) Q. Did you see any scuffle in which the prisoner lost his hat? A. Yes, in a public-house in Oxford-street, close by Blenheim-steps—the prisoner went away after that—he came back again in less than an hour—I met him with a hat on—he came to the same public-house.
Cross-examined. Q. Did he put his name on it? A. Yes—I do not know what it was—I have not the note—I will not swear it was not the name of
Condell—our shop is in Berwick-street, about five minutes' walk from the market.
MR. PAYNE stated, that the deceased was acquainted with the prisoner, and had promised he should have a £5 note to take care of for him, and that Traynor wanted to get the money from him; and the prisoner, in presance of the agreement, took the note out of his hand, and walked of with it, that Traynor might not get it.)
Prisoner. At the time he gave me the note in my hand Traynor was it receiving some money, and M'Coy was by at the time.
THOMAS THORPE re-examined. Q. How far from the pay place was it that you knocked down this man? A. About a hundred or a hundred and fifty yards off, where he had the money, and I brought him back to that house—I have no reason to believe that he was authorized to take this money from Gordon—he did not say he meant to let them have the money—he asked me if I knew the man that stole the money from him—upon my solemn oath, he asked me that.
(The prisoner received a good character.)
GUILTY . Aged 52.— Transported for Seven Years.
CHARLES SMITH . I am apprentice to Mr. Robert Summers, a pawn—I broker, of Bath-street, City-road. On the 21st of December, about four o'clock, I saw the prisoner cut something down from the door—I followed tad took him, I found a boot in his possession, and a knife in his hand—he was walking away—I gave him to a policeman who was passing"—a pair of boots had been cut from the door.
JURY. Q. Was the pair hanging there? A. Yes, on one string—I found only this one on him—I thought he had given the other to his companions.
GUILTY —Aged 13.— Transported for Seven Years.
THOMAS BOYLE . I keep a linen-draper's shop in St. John-street. On the 2nd of January, between six and seven o'clock, the prisoner came in, and soon after another young woman came in—my wife spoke to me, and the other young woman ran off—I laid hold of the prisoner, took up her arm, and this ribbon fell from her—she said the other girl who had ran off had got them—they each stole a piece of ribbon.
Prisoner. My sister gave me some money to buy a bit. of ribbon—I went, and met the other girl, who went with me—she was not ten minutes in the shop before she ran out—I did not know she had taken any ribbon till the lady said she had.
GUILTY—Aged 14.—Recommended to mercy .— Confined, Two Weeks; Three Days Solitary.
JOHN PHILLIPS . On the 16th of December Charles Lee was apprehended for felony—I assisted in taking him—I had seen him commit the felony—on the 24th of December, when his commitment was made out by Mr. Alderman Harmer, the prisoner came and beckoned me out of Guild-hall, where I was attending, and I walked up the court by the side of
Guildhall with him—there was a female in company with him, who said the was Lee's wife, and he (the prisoner) was his brother—she was crying, (she had spoken to me previously many times)—the prisoner said, "It is a great pity, they have only been married nine months; if you can make it all right, I will make it all right with you"—he pressed upon me a good deal, and said, "We are both men," by which I understood he was a cabman, as I am one—he had 3l. wrapped up in a bit of white paper, and be said if I would take that, I should have five more, and if I would go over to the Elephant and Castle rank, he would take me to a house where they would make a gentleman of me—I told him I had sworn my evidence before the Magistrate, and he wanted me to alter it—he wanted me to say that I only believed Lee to be the man, and if 1 would say that, be would give me all this—I had sworn positively before the Alderman that Lee was the man—I have since given evidence on Lee's trial, and he has been convicted on my evidence—I told the prisoner I should do nothing of the kind—I could take his money if I liked, but if he was to give me 100l. it would be of no use—I told this to the porter, and he said I ought to tell the officer—I told the Alderman of it—the prisoner was in Court, and he was taken into custody.
Cross-examined by MR. PAYNE. Q.. Did you say one word before the Magistrate about his saying he was Lee's brother? A. Yes, certainly I did, and about his saying that if I would take the 3l. I should have five more, and if I would go over to the Elephant and Castle I should be taken to a house where I should be made a gentleman of—I believe I stated the whole of that—I put my signature to what was read over to me—I did not say that was not all I said—the prisoner wanted me to say that I believed Lee to be the man, but could not speak positively to him—he wanted me not to go against him at all, at first—the woman appeared much affected—she pretended to cry—I believe it was pretence—I looked at her, but I saw no tears—I am a cabman—what I had said was, that I saw Lee take a carpet bag from a coach as I was driving—I stated to you, On Lee's trial, that I only saw him for a short time. (See page 352.)
GUILTY .*— Confined Two Years.
Before Mr. Recorder.
GUILTY . Confined Three Months.
Before Mr. Common Sergeant.
JAMES SMITH . I am the hay-binder. Between three and four o'clock in the morning of the 10th of December I was watching (I had loaded the cart the night before with twenty-five trusses) I saw Green come and take four trusses—he gave Warwick the four trusses upon the cart—three from the stacks, and one from the shed—I did nothing then, because my master was in London—I told him the next day.
Green. I was asked to pitch the hay on the cart, and I did it—I did not know of any thing wrong. Witness. The four trusses were put on the load, under the tilt—I saw Green put them up into the cart, and Warwick was on the cart, ready to take them, and he drove off.
Warwick. I took them for a sample.
JOHN WOOD . I live in Long-lane, Smith field. I had bought hay before of Mr. Gibson, and Warwick brought it—on the 2nd of December a bad of hay was brought to me by the prisoner, and I rather disputed, because it was brought at night—that led to his calling on me on the following Thursday—1 said I wanted no more—he said he had got some at Woodford-bridge, and was going to London to a person—I said I did not want it—he said he should bring a sample up—I said I did not want it—he called on the Saturday I said I did not want any—he said he had got, I think, a quarter of a load, and I said he might throw it down—it was four trusses—he said he was going to Mr. Cooper's—he was to call on his return—he never returned, but Green called in a quarter of an hour, and said he was going to Mr. Johnson's, in Old-street-road, and pulled out his ticket to show me—I said, "Where is the person who left the hay?"—he said he was gone round to receive some money—I then paid him 8s. for the four trusses of hay that Warwick had left with me as a sample.
THOMAS GOODWIN . I am a policeman. I took Warwick—he said he stole the hay. and was assisted by Green, and when Green was taken, he said, "That is the man that helped me to steal the hay, and I went and got the money".
WARWICK—GUILTY. Aged 37.—Recommended to mercy by the Prosecutor . Confined Six Months.
GREEN*— GUILTY . Aged 22.— Transported for Seven Years.
SAMUEL GUTTERIDGE . I received information, and on Saturday morning last, I took the prisoner at the Bell, where he had slept that night—he said he had not been down the I ford-road that night at all—I said I had a witness that he slept at Mr. Lord's—he then said he had been there, and taken the sheets off the bed, and pawned them in Whitechapel,—I went with him to find the place, and he said he could not find them,—he then said he was in great distress, and had pawned them to get out his clothes.
GUILTY . Aged 30.
lodge there on the 28th of December, and the next morning the sheets were gone—I have no doubt these are them.
GUILTY . Aged 30.— Confined Three Months.
Before Mr. Sergeant Arabin.
467. JAMES BIRD was indicted for feloniously breaking and entering a building within the curtilage of the dwelling-house of Robert Blackford, and occupied there with, on the 19th of December, at Walthamstow, with intent to steal, and stealing there in, 1 towel, value 2s. 6d.; 5 brushes, value 2s. 6d.; the goods of the said Robert Blackford; and 1 coat, value 15s.; 1 waistcoat, value 5s.;1 pair of shoes, value 5s.; 1 pair of garters, value 6d.; 1 pair of gloves, value 3d.; and 1 hat, value 3s.; the goods of William Faint.
CHARLES COLYER (police-constable K 33.)On the 20th of December, at half-past six o'clock in the morning, I stopped the prisoner with the property stated, in the Bow-road—he was carrying two bundles, one behind, one before, and the hat in his hand—I asked what he had got—he said his own property, a coat, and waistcoat, and other articles—I said, "Where did you get that hat from?"—he said he bought it at Hatfield Broad Oak, and gave 17s. for it last hay time—I said, "Is there a maker's name in it?"—he said, "No"—I took it under a lamp, and saw the name of a person at Aldgate—I told him to try it on, and he could not get it on—I then took him to the station-house—there was a pair of shoes which he said were his—I told him to put them on, and he could not get them on—I asked what sort of a coat it was, he said blue—he could not tell whether the buttons were iron or brass—I said, "When did you have it?"—he said, "Before last Christmas"—I asked him if there was any crest on the buttons, he said be believed there was—I found there was a swan, or a crane, on the buttons—I found the prosecutor, who lives at Hale End, about six miles from where I found the prisoner.
WILLIAM FAINT . I am servant to Robert Blackford, who lives at Hale End, Walthamstow, at his farm. The bundles contained articles of my master's and mine—part of them are now in Court—there is a jacket and black silk handkerchief which have not been found—this coat and hat are mine, and the others are mine and my master's—on the night of the 19th my things were left in the stable, in the yard of my master's house—a paling surrounds the house and stable—they are all in one yard—the party had got in by breaking down some feather-edge boards at the back of the harness-room—I saw the property safe about quarter before seven o'clock, and missed it the next I morning at quarter past six o'clock.
GUILTY . Aged 22.— Transported for Life.
KENT LARCENCIES, &c.
Before Mr. Recorder.
(The goods having been obtained by fraud, and not by felony, Mr. Phillips, on the part of the Prosecution, declined proceeding in this case.)
NOT GUILTY .
SARAH MATTISON . I am the wife of George Mattison, and live in Hogg-lane, Greenwich. I employed the prisoner to do jobs about the house—I missed the handkerchief first, and then the scissors—I asked her if she knew any thing about them—she said she did not—I missed the quilt on the 15th of December, the prisoner was at work at my place—I went to the pawnbroker's to make inquiry, and then sent for the prisoner, but she did not come—I sent two or three times—she came at last, and I asked if she knew any thing about the quilt—she said I had not lost it—that she had got it at home at her place drying—I said, "How can you have it drying, when it has not been washed—I have found it pawned at Williams's for 18d."—she then said she did not intend to keep it.
SARAHWOOD WILLIAMS . I am the wife of Charles Williams, a pawnbroker, in Trafalgar-road, Greenwich. This quilt was pawned on the 15th of December, by the prisoner, for 1s. 6d. in the name of Mary Blewitt, in which name she always pawns—she was in the habit of pawning with us—I asked her if this was hers, because I thought it was not, and she said it was.
ELIZABETH KEIR . I am the wife of John Keir, of East-lane, Greenwich. We keep a clothes-shop—I bought a Handkerchief and pair of scissors of the prisoner for 6d.—I cannot tell on what day—I asked if they were hers, and she said yes—I gave them to the officer.
Prisoner. I told her I would get them back. Witness. I suppose she did, but I cannot recollect—if I had them when she wanted them, I said I would sell them to her again—she left the duplicate of the quilt with me to take care of.
WILLIAM BADHAM . I am a policeman. I produce the handkerchief and scissors—when I took the prisoner, I asked what she had done with them—she said she had sold them to Keir—I took her to Mrs. Keir, who produced them.
MRS. MATTISON re-examined. These are my things—I never authorized the prisoner to pawn or sell them—I had known her about a month—I always paid her for working for me.
Prisoner. She did not pay me for half what I did for her. Witness. She said she was satisfied when I paid her—she owes me for coals and things now—I said, "If you do not get my things taken out of pawn, I will have you taken up?" and she and her husband abused me, and said she knew nothing about them; but when she was taken, she confessed that she did know of it.
GUILTY . Aged 46.— Confined Seven Days.
Before Mr. Justice Patteson.
470. ANTHONY BARKWITH and THOMAS SHERWOOD were indicted for feloniously breaking and entering the dwelling-house of CharlesColliver, on the 31st of July, at St. Nicholas, Deptford, with intent to steal, and stealing therein, 1 watch, value 2l.; 2 rings, value 1l. 15s.; 1 brooch, value 8s.; 1 pair of ear-rings, value 10s.; 1 sovereign, 1 half-sovereign, 2 half-crowns, 12 shillings, and eight sixpences; the goods and monies of Elizabeth Colliver.
ELIZABETH COLLIVER . I live with my father, Charles Colliver, at Deptford-green, in the parish of St. Nicholas. On Sunday, the 31st of July I went to church, at six o'clock in the evening, with my father—we left nobody in the house—the doors and windows were fastened—we returned at a little after eight o'clock, and found the door was fattened inside—when we got in, we found a pane of glass taken out of the backparlour window, which was opened—I missed the articles stated, and 2l. 11s. 6d. in money—1 have not seen any of the things since.
JAMES WILD (police-constable R 181.)I went to the prosecutor's house on the 1st of August, and looked at the back-parlour window,—I which was found somebody had entered—I could not see any footmarks—they had got in by lifting a clothes-post in the garden, and putting it against the window—any body upon that could reach the window, but it must have been somebody of very light weight, or it would not have borne them—either of the prisoners could reach the window and take the pane out from that pott—I assisted in apprehending Sherwood in December, and Lovell took him to the station house, I said nothing to induce him to say any thing.
BENJAMIN LOVELL . On Thursday night, the 22nd of December, I apprehended Sherwood, and took him to the station-house—I did not threaten him or make him any promise—I told him I took him for a robbery at Deptford-green, and also a robbery at High-street—he said, he knew nothing about it, but going along he said he had nothing to do with the robbery himself, but Bark with got in at the window by the post, and took the rings and money, and he owned he had given him half-a-crown and twopence out of it—he then said he got up to the window himself but he saw the place was furnished so beautifully he was afraid to go in, and he got down and ran away alongside of the ditch—that he went down into that country himself, and Barkwith went away with one Driscoll—I had been looking for him for six weeks and more.
JOHN TAYLOR . I am a constable. I apprehended Barkwith on the 6th of August—I did not threaten or promise him any thing—when I took him he said "Take Sherwood"—I said "I will if I can get him"—and on going to the station-house he said he would not say a word till I caught Sherwood—every time I went to the station-house he kept asking if I had found Sherwood—I told him "No"—that was all he said—he was discharged by the Magistrate and taken afterwards.
JOHN DOOLEY . I am eleven years old, and live at Deptford-green, on the opposite side of the way to Mr. Colliver. One Sunday evening in the summer time, (I cannot tell what month it was,) about half-past six o'clock I was playing with some children near Mr. Colliver's, and Barkwith gave me two cherries to go away, and take the children with me—I knew him before—I took them all away—I went a little further, and went down again, and saw Barkwith standing on the privy of the stable in Mr. Gordon's yard—he had only to get over a wall, and he would be at Mr. Colliver's house—Sherwood was with him standing on the privy—I did not see which way they went—I could not see them any more as the fence was too high for me—they bobbed down when I went to look, and I could not see where they went to.
Sherwood. He did not see me on the privy. Witness, I am quite sure they were both on the privy.
BARKWITH—GUILTY—Aged 14.—of stealing under the value of 5l .
SHERWOOD— GUILTY Aged 14.— Transported for Fourteen Years.
471. THOMAS SHERWOOD and ANTHONY BARKWITH were again indicted, with THOMAS WILLIAM BOWEN , for stealing, on the 22nd of December, the tops of 6 candle moulds, value 2s.; and 2 candles, value 2d.; the goods of John Hills.
JOHN HILLS . I am a tallow-chandler, and live at Deptford. On the 22nd of December I missed ten mould tops, but found four on the ground—I saw Bark with standing about my premises with another one, who I bare every reason to think was Bowen, but I cannot be certain—they approached towards my premises, and took up one of the mould frames—1 stood some time concealed against a wall, and they either saw me or somebody, and ran away—I followed them, and about 300 yards off, I lost all doe of them—I went round one or two back streets, and returned to my premises to see if I missed any thing else, but did not—I went into the street again, and saw a lad near the spot where I had previously lost sight of him—I immediately pursued him, and he ran through an empty house—I tumbled against a sack, in the passage, containing a quantity of tallow—I took it up, and in coming round towards my premises, Bark with got over a wall five feet high, and was retreating up the street, and on going round I found my apprentice had secured him—I carefully examined the tallow next morning, but could not identify it; indeed I have every reason to believe it was not stolen from my premises—six candles were drawn out of the frame of the mould—three were taken away, and three left on the ground—Barkwith is the boy I pursued through the empty house.
JANE MELLER . I live at Deptford. On the evening of the 22nd of December I saw some lads together—I knew them before, but not by name—I bad seen them repeatedly before—I was going from a house next to Mr. Sharp's gate, and the three prisoners stood half-way between Mr. Sharp's gate, and Mr. Cotter's gate; and in five or six minutes, when I came back, they were coming out of Mr. Sharp's premises—I was close to them—it was a dull night—there was no lamp there—it was nine o'clock,—I asked what business they had down there, and said, "If you are not off I will get somebody to take you off"—I am quite they were the three prisoners—they had nothing with them—they ran into the field from Mr. Sharp's premises.
JOHN BOOTH . I am apprentice to Mr. Hill. When my master went in pursuit of the boys, I was in Effingbam-place, and apprehended Bark with—the policeman searched him, and found two mould candles in his possession—I heard him drop something, and found it was three mould tops—it was close to where I took him—I went back with the policeman, and saw him find the three tops.
(Property produced and sworn to.)
WILLIAM COXON . In consequence of information, I apprehended Bowen on Thursday night, the 22nd, at his father's house, and took him to the station—he at first denied all knowledge of the other boys—he denied
being in company with them, or seeing them, but at the station-home, in the presence of Bark with, he said he had been in company with them the whole evening—I did not threaten or make any promise to him I found nothing on him—I afterwards went to Effingham-place, and found three tops of the moulds which had been missing, in the track of ground, where Hill saw Barkwith climb over, and where Booth took him.
Bowen. I did not say any such thing.
BENJAMIN LOVELL (police-constable R 15.)I apprehended Sherwood, and held his hand while Wild searched him—I saw him take from him a phosphorus box and a matches, flint and steel, but none of the stolen property.
Sherwood. I bad these things to light a pipe with.
BARKWITH— GUILTY . Aged 14.
SHERWOOD AND BOWEN— NOT GUILTY .
( There was another indictment against the prisoners, for stealing the tallow, on which no evidence was offered.)
NOT GUILTY .
Before Mr. Recorder.
472. THOMAS LAWRENCE was indicted for stealing, on the 14th of December, 1 curtain, value 3s.; 1 bed-gown, value 1s.; 1 umbrella, value 2s. 6d.; 1 skin of leather, value 1s.; 2 shells, value 6d.; 1 yard of calico, value 6d.; and 1 printed book, value 6d.; the goods of Hannh Watson.
HANNAH WATSON . I keep a small toy shop at Greenwich. On the 10th or 12th of December the prisoner took a top room of me, and these articles were in it—on Sunday morning, the 18th, I saw him in the passage of my house—he said, "Good morning," and went out—I went to his room for an umbrella, and then missed the articles stated—I have since seen the drapery of my shop window in the policeman's I hands—the prisoner came back the same night—I did not speak to to him about the loss that night, as I was alone—he remained all night, and left on Monday morning, the 19th—I said nothing to him, as he went out I so quickly—he was taken up that evening—the drapery was put into his room to be dashed—it was in a fender, rolled up—to the best of my recollection—the umbrella hung on a nail—the shells were in the kitchen.
Cross-examined by MR. PAYNE. Q. When he went out was not his room-door left open? A. It might be for a moment—I went into the room to make the bed when he was not there—he had been there about a week—I have no mark on the curtain, but 1 have the fellow to it-a friend made the fringe—I had had it about fifteen months.
MARY ANN GREEN . I keep a shop at Greenwich. The prisoner came to me one morning, about a week before he was taken, asked me to buy a piece of drapery, about half-past eight o'clock, and and I bought it of him for 6d., which he asked for it—I asked him if it was his own—he said it was his wife's, that he was very much distressed, and wanted the money get breakfast—on the Monday following be came with a little book in his hand—1 did not buy it of him—I never looked to see what it was about—I really thought he was so respectable and distressed, it led me to buy the things.
Cross-examined. Q. Had you seen him before? A. No: but I saw him during the week, two or three times after I bought it of him—I Pinned
it at my door immediately for sale—I had nothing else of the same sort—it must have been about a week before he was taken that I bought it.
JAMES WILD (police-constable R 141.)On Monday, the 19th, from information, I went to a beer-shop, and waited till the prisoner came in—I told him what I wanted him for—he said he knew nothing about robbing lodgings—I took him to the station-house, and went to Mrs. Watson, to ask what property she bad lost—she told me—I took a piece of calico off his neck, which 1 produce—Mrs. Watson stated that it belonged to her, being the lining of a gown—he said he had bought it about five weeks ago—he would not tell me where—next morning I went to Green's, and got the curtain.
MRS. WATSON re-examined. To the best of my knowledge this calico is mine—it was in a trunk in the room—my book was "Paradise Lost"—I am certain the curtain is mine—I really think the prisoner did this from—he is a single man.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy .— Confined Four Days.
Before Mr. Sergeant Arabin
JOHN COOPER . I was at work in Mr. Lee's brick-field, at Lewisham. last Tuesday, and left my shovel safe at twelve o'clock—I returned at one o'clock and missed it—I traced footsteps in the snow to a ditch, and there found it concealed under the snow—I left somebody to watch, and it was afterwards brought to me.
WILLIAM JONES . I work at the brick-field, I was watching at a little after six o'clock on Tuesday evening, and a little after seven o'clock I saw the prisoner come along, go down into the ditch, and pick up the shovel—I directly jumped up and laid hold of him—he said he had seen me put it there at dinner-time.
(Property produced and sworn to.)
GUILTY . Aged 18.— Confined Three Months; Last Week Solitary.
Before Mr. Common Sergeant.
MARY HANGLONG . I live in Nightingale-vale, Woolwich, and am the wife of Edward Hanglong. I hung my gown to dry in the bed-room, near the window, on the 5th of December, between two and three o'clock, and in about half an hour it was gone—any person coming close to the window and lifting it up could take it—the window is towards the garden, out there is a passage down the garden from the main-road to the kitchen door—I saw the prisoner about five minutes after I had seen the gown—she was selling caps and threads, and asked if I wanted any—a little boy said he saw her coming from the back place, and she seemed in a great fuss—this is my gown.
Prisoner. I bought it of a woman that goes about selling things—it did not suit me, and I sold it.
MARY WARREN . I am a widow, and keep a second-hand shop. The prisoner brought me this gown on the 5th of December, at about half-past three o'clock—she asked me to buy it, and at half-past six-o'clock I gave her 1s. 10d. for it—I sold it for 2s. 9d. to Sarah White.
JURY.Q. Was it dry when it was first offered to you? A. I cannot tell—it was not in my hand—she wanted 3s. for it—I said I would not give it—she took it away, and brought it in the evening.
GUILTY .* Aged 31.— Confined Twelve Months.
SARAH MARSHALL . I am a widow, and live at Rose-cottage, Shooter's-hill, in the parish of Plumstead, in Kent. On the 29th of December I saw both the prisoners—Palmerine asked me to buy some pictures—I told him I wanted none—I had a gown hanging in the garden, at the back of the house—they could not get there without passing the door—I saw Palmerine go out of the gate a minute afterwards, with something in his right hand—I was not near enough to see what it was—I went out after them, and saw Thomas standing at the gate—I asked what he was doing there, and what the other man was running for—he said he did not know the other man, he had only passed him at the gate—I went back and missed the gown directly—it has not been found.
REBECCA M'GEE . I am a pensioner's wife. I was at Marshall's house that day, and saw Palmerine come and ask her to buy pictures, and in two minutes I saw him go past the door towards the gate, with the gown in his right hand—it was frozen, and he could not bend it—I went after him, but turned back and called to Marshall, who went out and spoke to Thomas—I went to the watch-house, and picked up a picture that I heard fall—Thomas took the picture—when the officer got Palmerine, he said he was sorry he did not take two instead of one.
Thomas. When I saw that woman come with the picture, I said it was one of mine—I staid there two or three minutes, and then they did not know what they had lost—when I saw Palmerine again, I asked him if he had taken a gown or any thing, and he said, No.
JAMES MORRIS . I am a constable. I went after the prisoners to Woolwich—I found them in Thomas's lodging—they laid they knew nothing about this, but acknowledged being there—I took them to the station, and the two witnesses recognised both parties, and in conversation Palmerine said he was sorry he had not taken two instead of one.
Palmerine. I did not—I had been to the house, and asked if they wanted any pictures—I went out and met Thomas, and said it was no use going there, as I had been there.
PALMERINE— GUILTY . Aged 19.— Confined Six Months; Three Weeks Solitary.
THOMAS— NOT GUILTY .
ALEXANDER M'PHERSON . I live at Woolwich. I had six hens and a cock—on the 21st of December I drove them into the hen-house—the next day they were gone—I found three fowls at willam's house, two of which I know, and the third I believe is mine—these are the necks and legs of them—I found one fowl at Mrs. Meillear's, and the other two Warden brought the next morning, one of which I could swear to; the other I believe is mine.
called at our house about seven o'clock in the evening, and asked if I bought fowls—I said no, but I sold them by commission for Mr. Newland—she brought three fowls that evening, and two the next morning—these are the three.
Prisoner. I never sold them to her—I was at home at seven o'clock in the evening. Witness. It was her—she came the next morning, and waited half an hour in the shop for the poultryman—he would not buy them—he said they were old fowls—I gave a description of her person.
(The prisoner received a good character.)
GUILTY. Aged 40.—Recommended to mercy .— Confined One Month.
REBECCA DOBBIN . I live at Deptford. On the 15th of December the prisoner came into my shop for four halfpenny biscuits, and asked for change for a sovereign—my daughter Charlotte brought it to me, and I gave her 19s., 6d.—the prisoner said he wanted a half-sovereign, and 10s. in copper, and not silver—I sent my other daughter with the sovereign to get change, and the prisoner put his hand on the counter, and took up 5s. 6d. besides the change—I desired the man in the bakehouse to go after him—he came back, and threw it on the counter—I charged him will having taken it—he made no answer.
Cross-examined by MR. DOANE.Q.. Was your daughter present? A. Not the whole time—she came into the room to me—I saw this in the shop—I was in the adjoining room—when I sent after him, he came back—I do not recollect telling the policeman I would not give him in charge—I will not swear it—he left my house after the policeman was at the door—there was nothing to prevent me giving him into custody at the very instant.
CHARLOTTE DOBBIN . I went to my mother, she gave me 19s. 6d.—I am sure there was 19s. 6d.—I laid it down on the counter, while I was going for 4d., and the prisoner said he wanted 10s. in halfpence and a half-sovereign—my sister went for it, and then I gave it to the prisoner—I then took the silver to my mother, and there was only 14s.
Cross-examined. Q. Are you sure you had counted it? A. Yes, because my mother told me to count it after her—no one else was in the shop—I saw the copper brought—I remained in the shop while it was sent for—I took the silver off the counter—I did not leave the shop from the time of my putting it on the counter till I took it off, but the prisoner had his hand on it while I was opening the till.
COURT. Q. You first put it down, and he took it up? A. No—he only laid his hand on it, and said, "This is not what I want—he then asked for halfpence, and then I took up all I thought I had put down, and took it to my mother.
JOSEPH SMITH (police-constable R 83.)I was on duty, and on going to the door I was informed that the prisoner had taken 5s. 6d.—I went into the shop, and found him there—Mrs. Dobbin stated that he had been endeavouring to defraud her of 5s. 6d. and he had been brought back, and delivered the money up—I inquired whether she wished to give him in
charge—she said no, she did not wish him to come to any injury—I then let him leave, but watched him, and took him again.
Cross-examined. Q. Was he not the worse for liquor? A. No.
(The prisoner received a good character.)
THOMAS GATHERCOLE , Jun. I live at St. Nicholas, Deptford. The prisoner came to my shop on the 15th of December, and asked for two penny worth of twine—we could not make less than four penny worth—he said he would take that, and put down a sovereign—I went and got the change—I put down four half-crowns, and the rest in shillings and sixpences—there was 19s. 8d.—I laid that down, and he said he wanted a half-sovereign, and 10s. in copper—1 said he could have that—I turned round, and took the half-sovereign and coppers out of the desk—I then took up the silver, and missed three shillings—I challenged him with taking three shillings—he denied it, but I insisted upon his putting it down, and he did.
Prisoner. I was very much in liquor. Witness. He was not at all.
GUILTY . Aged 67.— Confined Six Months.
ELIZABETH BATES . I am the daughter of William Bates, a baker, living in Greenwich-road. Between three and four o'clock, on the 17th of December, I was in the parlour—I saw the hand and arm of a person take four penny loaves out of the window—he put his arm round the post of the door.
WILLIAM WATSON . I am a butcher, and live at Deptford. In conesquence of information I followed the two prisoners and another up the road, till they came to Mr. Bates's shop—they passed, and then stood looking in for a few minutes, when Haines put his arm round, and took something out, and brought them outside the door, where Smith was—I went in and told what I had seen—I had followed them for half an hour, and seen them in conversation—I went on, and met a policeman—the prisoners then set off, and ran towards Roan-street, Greenwich—they were pursued and taken.
Haines. I had not been near the shop Witness. I saw him bring them out of the shop, and drop them at the door.
HAINES— GUILTY . Aged 19.
SMITH— GUILTY . Aged 14.
Confined Seven Days.
JOSEPH DICKS . I am shopman to Joseph Peppercorn, a cheesemonger. The prisoner came to our shop on the 15th of December, and bought a pennyworth of cheese—I accused him at the door of taking something—he said if he had taken any thing, it was by mistake—I said it could not be
a mistake—I found this piece of cheese in his bag, which was in his hand—it is my master's—it was agreed for, but the person who bought it had gone to the other counter to buy some more goods.
Prisoner. I was just outside the door, and he called me—I said if I had it, I had put it in by mistake—I had a pound of bread and some other things.
GUILTY . Aged 45.— Transported for Seven Years.
MR. CLARKSON conducted the Prosecution.
ROBERT BUTCHER . I am clerk to Mr. William Carpenter. On Wednesday, the 28th of December, the vessel called the Reformation was, I believe, in Deptford Creek—I was on the Corn-exchange—the prisoner came to me, and asked me to let him have a little money on account of the freight for the wheat he had brought up—he did not then name the vessel—I said, "Yes, Captain, you can have what money you please; but as you are a stranger to me, where is your bill of lading?"—he replied he had not got a bill of lading—I said, "I shall not advance you a penny, as you are a stranger to me"—he said he could refer me to many persons, but I would not attend to him—he said Captain Hall was ill, and bad employed him to act as Captain for him, and bring the vessel up, and he wanted some money to pay some expenses, or for some damage—he represented himself to be captain of the vessel, because Captain Hall was ill—hesaid he had received money for Captain Hall before, and I advanced him the money—I he had at first said he wanted some money on account of the freight of wheat—I paid him 10l. at the counting-house that evening—if it had not been for his saying that Captain Hall was ill, and asking for money on account of the freight, I would not have advanced him any money—the cargo of wheat was got to our mills on the 31st, and the prisoner came that day to the counting-house, as he said, to settle the freight—I made out the account, at his request, from the meter's notes, and he signed it—it amounted to 46l. 10s. 5d.—I paid him the balance on his representing that he had authority to receive it for Captain Hall—this is the bill.
RICHARD HALL . I am captain and owner of the Reformation sloop. I sent her up on the 19th of December with a cargo of wheat from Wisbeach by the prisoner—he had brought up a cargo for me once before, and I then gave him the bill of lading, and wrote his authority to receive the freightage on it; but on this occasion I did not authorize him to receive the freight—I did not even tell him the rate per quarter to charge—I did not give him authority to receive this on account of my being ill—I never was in better health in my life—I stopped to spend the Christmas with my family—I had paid the prisoner his wages, and he was to write me a letter as soon as he got to Greenwich, and I said I would send him directions by the return of post—he wrote to me, and I returned him an answer to lay there till he saw me, and I should be up on Tuesday night or Wednesday morning, at furthest—I kept the bill of lading myself, and 1 have it now—when I got to Greenwich, the prisoner was not there—I gave a person. a sovereign to follow him—two of my horses broke down, and I gave 10s. to a man to ride on, and just as he got to town the prisoner was getting out of the omnibus.
WILLIAM BRATTON (City police-constable 90.)I received the prisoner in charge about three o'clock on Sunday afternoon, as he came out of the omnibus, a man came on horseback to give me information—I found on him 26l. in gold, six shillings, and 9d. in copper.
Prisoner's Defence. The day before I left Wisbeach I asked my owner for 2l. to send to my wife—he said, "I will give it you to-morrow morning"—he did not give it me, but as the tide suited for the vessel to sail, he said, "I am not going myself, but I have agreed with another man come and see if we can find him, I think he is drinking somewhere"—we went, and did not find him—the canvass was set on the vessel, and she set off—as we were walking down the town my owner gave me the papers, and two sovereigns—I said, "Is the bill of lading with them?"—he said, "No; go as far as Greenwich, and there wait for orders, and let me know how you get on"—when we got there I wrote to him, and received as answer, to apply to Mr. Carpenter for orders, at I should most likely find him on the market—I went and saw Mr. Butcher—I told him I had arrived with a cargo of wheat for him—he told me to get it on shore as quickly as possible—I got the vessel into the Creek, and the cargo discharged; and as I had drawn the 10l. before, and the owner not coming at the time, I thought I was justified in settling for the whole of the freight, as I have before drawn money on his account, and drawn bills on him, and never had a word of this sort before—I unfortunately got fresh, and lost 20l. of it—the Sunday morning I heard that a lusty gentleman in brown clothes was looking for me—I knew it was my owner, and I said, "I must go as fast as I can to Wool Quay," and when I got to London-bridge I was taken.
GUILTY . Aged 29.— Transported for Seven Years.
SURREY LARCENIES, &c. Before Mr. Recorder.
WILLIAM EDWARDS CHITTENDEN . I live in Milton-terrace, Southwarkbridge-road. On the morning of the 23rd of December, a truck belonging to my father was missed from Atkinson's timber-yard in the Borough; and between two and three o'clock in the afternoon I saw the prisoner in Giltspur-street with the wheels and axletree, which I knew to belong to my truck—I followed him up Newgate-street—I went across to speak to a policeman, and then the prisoner went away, and left the wheels and I axletree for two hours in the street, nearly opposite the Blue-coat school I watched there, and saw him come up the lane opposite the school, but he ran down again, and I could not get him—he did not take them—I am certain he is the man—(when he was taken he said he did not know any at all about the wheels)—just at dusk I saw him again, and a young man who was with me secured him.
RICHARD MATTHEWS . I am a policeman. prisoner was given into my custody just opposite the wheels and axletree—I asked him if he knew any thing about those wheels—he said no, he did not know any thing at all about them—I took him to the station-house, and before I said a
word an officer said to him, "I saw you taking these wheels and axletree about two hours ago into Smithfield, and I turned you back"—he positively denied it—1 said, "How dare you to deny that you know anything about these wheels?"—he then acknowledged it, and said he bought them.
Prisoners Defence, I bought the wheels and axletree of a man for 6s. coming over Blackfriars'-bridge, and brought them to Smithfield to sell—I left them while I went to have a pint of beer, and, when I came back I was taken.
(The prisoner received a good character.)
GUILTY . Aged 27.— Confined One Year.
Before Mr. Justice Park.
483. JOHN CHARLES HACKNEY was indicted for feloniously forging and uttering an order for the payment of 8l., 11s., with intent to defraud Charles Bennett, on the 8th of December, at St. Mary Newington.
MR. CHAMBERS conducted the Prosecution.
CHARLES BENNETT . I am a wine and spirit merchant, and live in Bedford-row, Walworth-road. I knew the prisoner at an assistant to Mr. Miskin, a surgeon—on the 8th of December he called at my house with this letter, containing this cheque—I was induced upon this to give cash for the cheque—it is all in manuscript—I gave the prisoner the cash, and weft asked him whether Mr. Miskin was likely to be engaged long where the letter stated him to be—he said he was engaged with a lady with her first child, and it was likely to be a protracted case, and that Mr. Miskin would call on me in the morning.
WILLIAM MISKIN . I am a surgeon. The prisoner was my assistant for seven or eight months—he left me in July last—I did not send him to Mr. Bennett with any letter on the 8th of December—neither this letter nor cheque are my writing—they are the prisoner's writing—I know his hand very well—I never gave him authority to write a cheque on my account—he had left me nearly six months—I never gave him authority to use my name while he was with me.
Cross-examined by MR. DOANE. Q. How long had he lived with. you? A. About eight or nine months—he conducted himself the major part of his time entirely to my satisfaction—I was very much pleased with him—his friends reside in Staffordshire—his father is in the pottery way—they are a very respectable family—he has unfortunately got into dissipated company—I believe there has been a bill for which he has been pressed for payment—(letter read.)
"To Mr. Bennett, Walworth. Dear Sir, I shall feel much obliged if you will cash the enclosed cheque which I have just written. I am now at a labour where I fear I shall be detained for some hours, and Captain Edwards sails this evening; he has been waiting for me until he is too late for the bank. I have not got my cheque-book with me so am compelled to write one. By so doing you will oblige yours most truly, William Miskin. Albany-road, six o'clock P. M."
MR. DOANE, on the prisoners behalf, expressed his contrition for the offence, and stated that it arose from being very much pressed for money.)
STEPHEN FULLALOVE . I am a china man, and live in Oxford-street. Mr. Miskin is my surgeon. I knew the prisoner when he was his assistant, and did not know he had left—on the 16th of December, about half-past eleven o'clock in the morning, the prisoner came to me and said he had come from Portman-square from Mr. Miskin—he gave me this note—it was wafered—I opened it, and found this cheque in it—my wife gave the prisoner cash for it my order—when he was going away, I called him back to sign his name on the back of the cheque, which he did in my presence—he signed it "Henry Miskin"—I did not know that was not his name—I thought he was Mr. Miskin's nephew.
WILLIAM MISKIN . This note and cheque are not my writing—I did not send the prisoner with any note to Mr. Fullalove on the 16th of December—he was not then in my employ—the note is in his handwritting, and the cheque and signature also—he is not my nephew—I never khew him by the name of Miskin—I did not authorize him to draw cheques.
Crass-examined by DOANE. Q. I believe there was an interval of a week between the two transactions? A. Yes—I believe he has been betrayed into this by persons older in vice than himself (letter read.)
"To Mr. Fullalove, No. 300, Oxford-street. Mr. Miskin presents his respects to Mr. Fullalove, and would feel particularly obliged if he would be so kind as to cash the enclosed cheque for Mr. Miskin, having been called to an old patient who is come to reside in Portman-square, who is likely to detain him some time, and my nephew is going to start for Oxford at half-past twelve o'clock, and consequently has not time to go to the Bank—if Mr. Fullalove would be kind enough, Mr. Miskin will call in the evening, and take the cheque from him, not to trouble him to send to my banker's—hoping you are all well, I remain yours truly, William Miskin. Friday morning, half-past eleven o'clock.
GUILTY. Recommended to mercy by the Prosecutor.
Confined Two Years, and then Transported for Life.
Before Mr. Sergeant Arabin.
HARRIET COXHEAD . I am the wife of Andrew Coxhead, of Royal-street. The prisoner was servant to my lodger, and lived in the house for about a fortnight—her mistress left my lodgings, and the duplicates of these things were left in the room—I do not know who left them, I found them there—this is my property.
Prisoner's Defence. The Magistrate said he could not commit me, be-cause I did not take the lodgings, but it has been laid to me.
HARRIET COXHEAD re-examined. The lodger was a young woman, and came to me as a captain's widow—she did not pay any thing—the prisoner was her servant, and came with her—she came an hour after—she was not present when the lodgings were hired—the lodger went away without giving me notice, and left the key under the mat—I found six duplicates on the looking-glass—the prisoner did not go away—she was
left behind, and went away in the evening as the lodger left in the morning.
GUILTY .* Aged 60.— Transported for Seven Years.
Before Mr. Recorder
486. THOMAS VICKERS was indicted for stealing, on the 31st of December, 891bs. weight of hay, value 3s. 9d., the goods, of Robert Fielding, his master: and GEORGE KIRBY , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
SAMUEL WRIGHT (police-constable P 172.)On Saturday, the 31st of December, I was watching at Denmark-hill, in consequence of information, and saw Vickers come with a team loaded with hay—he was on the top of the wagon, and was unloosing the ropes—he then got down and want by the side of the horses, till he got to the Joiners' Arms public-house—he drew up at the yard, and threw off two bundles of hay—Kirbi, who is the ostler, was standing at the side of the van—he took up one of the bundles of hay and went up the yard with it—I went up after him—I called my brother-constable, and he was taken into custody—Vickers took up the second truss, put it on the shafts of the van, and got it on his back, and when he had got about two paces from the Van I stopped him with it—he said, "For God's sake don't hart me, I have only a little hay"—I took him to the station-house—I then went back for the Van, and took it to the master.
Cross-examined by MR. BALLANTINE. Q. How High was the load? A. About ten feet—it had a great many trusses on it.
Cross-examined by MR. DOANE. Q. What time was it? A. About a quarter past five o'clock in the evening—this is a public-house where carts stop, and horses are baited.
THOMAS GILL . I am a policeman. I saw the van stop at the Joiners' Arms—I saw Vickers get on the top of the van, and throw two trusses of hay down—Kirby, who stood by the side of the van, took up one truss, and went into the yard with it—I followed him, and took him into custody—I found a key on him, and went to the shed he used, where I found part of another truss of hay, apparently of the same quality—there were thirty-five trusses left in the van—thirty-six make a load.
ROBERT FIELDING . I live in the Kent-road. Vickers was my servant. On the Thursday before the 31st of December I sent him to Dulwich, where I have a farm, to fetch a load of hay—he was to put half in my yard, and leave the rest with a gentleman named Dodd—I went into my loft after he had delivered it, and found only seventeen trusses instead of eighteen, and I spoke to the policeman to watch him—on the 31st of December I sent him again to Dulwich for a load of hay, and the team was brought home by the officer—I have seen the hay found in Kirby's possession—it corresponds with the hay I was to have received from Dulwich on Thursday, and also with what I expected on Saturday.
Cross-examined by MR. BALLANTINE. Q. When you lend your horses down, you provide the man with hay for them, I suppose? A. It is always ready bound for them—the horses do not require feeding on the way—it is a short journey—I should not object to his giving them a little hay—it is about four miles and a half.
COURT. Q. Did you authorize him to drop it on the road? A. Never.
his taking more than that—he had only a load from me—he had none in his van when he came—I did not notice whether he took more than a load when he went—I did not help to load the van—I was not present—there was nothing to cut the hay with—a truss can be cut with a knife—I could not miss any when I looked at the stack—I weigh the trusses as I tie them up—fifty-six pounds is a truss-we do not always cut them exactly to a pound—I bind it, and leave it for the prisoner to load—I do not wait till he comes for it—I leave it by itself—I cannot say whether the prisoner had any opportunity of adding to the quantity I cut—the knife does, at times, reach below the quantity you want to cut, so that it could be taken away by the hand—I bound the hay the same day, but do not know how long before—I have not made mistakes in counting the number of trusses, to my knowledge—I have, at times, bound more than a load.
SAMUEL WRIGHT re-examined. There was one more truss than a load in the cart in number, including the two bundles—the first weighed forty-three pounds; the second bundle was forty-six pounds; making together more than one truss.
Cross-examined by MR. BALLANTINE. Q. If he wished to feed his horses on the road back, might he have added a little hay to the ordinary quantity? A. No; I should object to his taking more than a load—I should not allow him to untie a truss for his horses, but he might taken a little loose hay.
Cross-examined by MR. DOANE. Q. Might he not, by mistake, put more than a load into the cart? A. If more than a load was bound, it is possible he might—he had no right to call at this house.
(The prisoner, Kirby, received a good character.)
VICKERS— GUILTY . Aged 28.— Confined One Month.
KIRBY— GUILTY . Aged 29. Confined Six Months.
Before Mr. Common Sergeant.
ELIZABETH SALTER . I am the wife of Thomas Salter, of Lambech Marsh. The prisoner was six months in my employ, as waiter, and he assisted in the kitchen—on Thursday evening, the 10th of December, I found, in a cupboard in the bed-room, a tub of fat, weighing twenty-six pounds, it had no business there—he had not the least right to take fat—my kitchen produces no waste of fat.
Cross-examined by MR. PHILLIPS. Q. How long had he been in your service? A. I think, about five or six months—he was allowed no perquisites—we have not had any quarrel—I treated him more like a son—I went to his mother's when I took the officer there, not before—I never was at Rochester in my life—I have been married nine years.
JAMES STERRY . I live in Brookes-court, Upper Marsh. On Saturday week the prisoner came and asked if I would let him leave a small tub of fat while he went to fetch a clean apron—I said he might, he went in next door and got an apron, then came to me, and asked me if I knew a boy who would take it to York-road for 1d.—I called in a little boy, who took it—the prisoner said on the Sunday before that his fat brought him about 2s., 6d. or 3s. a week.
Cross-examined. Q. You knew him? A. Yes, by living at the prosecutor's—he brought this out of the back gate, and left it at my stall—I went into the shop a day or two after, and Mrs. Salter was saying how abusive he had been while he was there, and she had put up with a great deal from it—she mentioned nothing about his saying she drank brandy—she said be gave her saucy answers, and would not do his work—the fat is not here—the Magistrate ordered it to be taken out, because it was bad—it was lumps of fat, and meat, and marrow.
MR. PHILLIPS to ELIZABETH SALTER. Q. Do you mean that this boy was not allowed any fat? A. No, he was not—I heard from the prisoner at the office of a grey-hound coming and eating the fat, but I believe it was an excuse—my husband did not give him sixpence for it—I questioned him about it—I scolded him when he did not do his work—he had half-crown a week, and victuals and lodging, and every thing found him.
COURT. Q.. Do you still swear he was not allowed to take the fat? A. Yes.
GUILTY. Aged 16.—Recommended to mercy ; Confined One Month; One Week Solitary.
ANN MARIA ELLIOTT . I am the wife of Thomas Elliott, and live in Catherine-street, Vauxhall. On the 6th of December the prisoner came to my house about a quarter past one o'clock, (at dinner time,) and said he had been a very unfortunate young man, he had been transported, and now had returned from Hobart Town—(I have a son there)—he told me he had brought a letter for me, which was 2s. 4d., and it was left at the dead letter office, Somerset-house, if I would go with him, he would get it—I said I could not go then, I was going to get my children's dinner—I said I would go on Wednesday—he said he could not go on Wednesday, as he was going to Mr. Capper's office to receive his penny a day, as a convict—but would I go that evening? I said, I did not know how to go, but I would go in the evening—he came at ten minutes before five o'clock, and I gave him tea, I left my children, took my baby, and went with him—as we were going along, he said my son was quite well, and that he was drinking with him on the 20th of June at a public-house at the top of Waterloo-street; we went on to Somerset-house right under where the man saved his life by hanging by the brickwork—there are a great quantity of steps—I had the baby in my arm—I said it was rather awkward to go down with the baby—he said, "I will hold the baby"—I said "No" he said, "Give me your money, I will go down and get the letter"—I gave him one shilling, two sixpences, two pennypieces, and four halfpence—I waited round the yard till a quarter before eight o'clock, and then the sentry asked me what I was waiting for—I said I was waiting for a young man who was gone to get a letter—he said there was no such place there—I never saw the prisoner again till I was fetched by the officer, to Union Hall, and the turnkey asked if I could swear to him—I said I could from a great many—he had sat half an hour in the kitchen with me, and then walked with me—I have not the slightest doubt, he is the person
—he had a short jacket on, a pair of low shoes, a small white handkerchief, striped, and his face and voice is the same—I could swear to him from thousands—I was with him an hour.
Prisoner's Defence. I positively deny my guilt—I rely on the improbability of the story told—is it likely I should proclaim my own disagree if I had been convicted; and does it seem probable I should take this woman to Somerset-house to get a letter, when it is notorious that the Post Offices is place to get letters of any kind?—she must labour under the most extraordinary delusion—she never saw me till ray second examination.
GUILTY . Aged 26.— Transported for Seven Years.
MARY FARANDEN . I am the wife of George Faranden, of Uxbridge-place, Newington. About half-past three o'clock, on the 12th of December, the prisoner came to my house—I am sure he is the man he told me he had seen my son, who was transported, and he himself had been transported for seven years, but he had served his time, and had been coming home since the 29th of June—he said he had been acquainted with my son that he was well, and doing well, and he wished me to go with him to see the young women he associated with—we went, and, on coming back, we went to a public-house—I paid for a pot of beer for him, and left him—in the afternoon he called again, and said he did not like to go home, till he had let me know the truth—he said my son was in town—he wished me to go and see him—I, said I did not know how I could go, as I expected my husband in—he said, "Suppose you go to your lodger, and ask her to do any thing for you"—I went up, and heard him get up—I came down, and missed a shawl and shirt, and he was gone—I saw no more of him till the next morning, when I heard he was going to breakfast with a poor woman of the name of Ward, who had got a son transported—this is my shawl and shirt.
Prisoner. Q. Previous to your leaving me were you not sitting with two unfortunate girls? A. No—there was not a creature in the room—there was no boy who I called my nephew—I have lived there eleven years—I am sure you are the man.
Prisoner. They have been bribed by the policeman—having no money or friends, I have to beg a patient hearing of an appeal to your mercy—I am placed in a situation of great embarrassment, but in courts of justice the character of witnesses should be considered—I rely on the improbability of having proclaimed that I had been transported—I went to the house to see an inmate, and saw a young man come out with something in his hand—the prosecutrix then came down, and said the person I wanted did not live there—I am innocent.
GUILTY . Transported for Seven Years more.
See Winchester, Mayor, vol.2, page. 864.
In the above case, the Hon MR. JUSTICE PARK delivered the delivered the decision of the Judges, by which the conviction is affirmed.—Judgment,Two Years Imprisonment, to be computed from the period of his conviction.
ADJOURNED TO MONDAY, THE 30TH JANUARY.