CENTRAL CRIMINAL COURT
FOURTH SESSION, HELD JANUARY 30, 1837.
MINUTES OF EVIDENCE,
Taken in Short-hand.
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
On the King's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Before the Right Honourable THOMAS KELLY, LORD MAYOR of the City of London; Sir John Gurney, Knt., one of the Barons of Hit Majesty's Court of Exchequer; Sir John Patteson, Knt., one of the Justices of Hit Majeity's Court of King's Bench; Sir John Williams, Knt., one other of the Justices of His Majesty's Court of King's Bench; Sir John Taylor Coleridge, one other of the Justices of his Majesty's Court of King's Bench; Samuel Birch, Esq.; William Venables, Esq.; Sir John Key, Bart; Charles Farebrother, Esq.; Henry Winchester, Esq.; and John Cowan, Esq.; Aldermen of the said City of London; the Honourable Charles Ewan Law, Recorder of the said City; James Harmer, Esq.; Thomas Johnson, 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. FOURTH SESSION.
A star (*) denotes that the prisoner has been previously in custody—An obelisk (†), that the prisoner is known to be the associate of bad characters.
First Jury, before Mr. Justice Coleridge.
490. JAMES SMITH was indicted for feloniously being present on the 20th of March, at Tottenham, aiding abetting, and assisting one Charles Kitley maliciously to shoot at Zachariah French, with intent to kill and murder him. 2nd COUNT, stating the intent to be to main him 3rd COUNT, stating the intent to be to disfigure him. 4th COUNT, stating the intent to be, to do him some grievous bodily harm.
MR. CLARKSON conducted the prosecution
ZACHARIAH FRENCH . I am bailiff to Mr. Huntley Bacon, who lives at Bound's-green, in the parish of Tottenham—he has a wood near his house, called Dampford-wood, in which game is preserved. On Sunday, the 20th of last March, about eleven o'clock in the forenoon, I was in the neighbourhood of the wood, and saw five persons at a little distance—the prisoner was one of them, and Kitley, the two Pages, and Cartwright were the others—when I first saw them they were Coming towards Dampford-wood—they beat the wood—there was game in it—they had two dogs with them—they saw me, and began to run away—I said "It is no use for you to run away; I am determined to have you"—at that time I was by the side of the wood—as I was passing by the side of the field adjoining the wood I saw a dog coming towards me—it was a lurcher, which is a dog used by persons who go after game—I shot it and went towards the men—another dog came out soon after, and I called out to scott, the shepherd, who was coming towards me, to shoot that dog, because my gun was fired—Scott shot the dog—I called to him to do so loud enough for three or four of the men to hear, but I cannot say about them all—some were in advance of the others—I think some of them could see the shepherd shoot the dog—we then went round to the end of the wood where the men were, and they were running away—when we got to the end they had all got into Mr. Rhodes's land—I did not follow them out of Mr. Bacon's premises, seeing their number was greater than ours—I did not go beyond master's land, but turned back for more assistance—I did not procure it directly—I did not return to the wood for a long while afterwards—I left Scott to see what was done—I returned I suppose in about two hours after, but did not find any of them there, but as I was returning, they all five followed me running up, and Smith called out "Shoot the b——b—"—when I returned they were in Mr. Rhodes's field—I did not see Kitely have any thing at that
time—Smith had a gun when I saw him in the first instance—that was a few minutes before I shot the dog—two hours elapsed between that and my return—he had no gun with him when he made use of the expression—upon his saying, "Shoot the b——b——," the two Pages, Kitley, and Cartwright ran up after me and hallooed out to me in the same manner—the prisoners ran with them—he was first—I ran as fast as I could towards home to get away from them—when I got into a field called Twenty-acre Bottom, which joins the wood, I observed Kitley in advance of the rest—I turned my head round to see where he was, thinking I was getting further from him, but still he was gaining ground on me—he had a gun in his hand—after running some distance, as soon as I turned round to see where he was, he fired at me—he appeared to me to level the gun as opposite to me as he could, and then fired at me—I was about fifteen yards from the end of the field—when the gun was discharged I heard the contents rattle over my head like a hail-storm, and rush into the hedge behind me—I should say Kitley was from forty to fifty yards from me when he fired—after he fired at me I told Scott to fire at him, and he did, and I then went home for assistance—Kitley and George Page were taken that night—I believe Smith was in Mr. Rhodes's field at the time Kitley fired at me, close by—I think he had not got over the hedge at the time Kitley fired-Kitley had come through Mr. Rhodes's field to the Bottom, but I belive the prisoner had not got over the hedge—I saw Smith again that same evening, about six o'clock, very near Colney-hatch, walking on the cause-way with young Page—I afterwards saw him in custody—he was handcuffed to young Page, and put into a cart by Foster and Fowler the constables, and they were consigned to the care of Scott the shepherd—from that time I have not seen him till within these last few days—I believe he lived in the parish of Finchley—search was made after him from that time—I searched for him myself, but was never able to find him.
Cross-examined by MR. PHILLIPS. Q. You say the two Pages were there? A. Yes, I am as sure of that as that Smith was in the fields is the first instance, when the dog was shot—I was examined at young Page's trial—he was acquitted.
MR. CLARKSON. Q. What became of Kitley, Cartwright, and the other Page? A. They were convicted—I am sure the prisoner is the man who said, "Shoot the b—b—."
JAMES SCOTT . I was Mr. Bacon's shepherd on the 20th of March last; I remember the sheep being worried that morning—I went out early that morning about it; and, about eleven o'clock the same morning I accompanied French to Dampford-wood—French was before me—there was a dog passing—he called out to me to shoot it, and I did so—I did not see the men at that time—we went to the corner of the wood, and saw five men in Mr. Rhodes's field, which joins Dampford-wood—the prisoner was one of them—finding five of them, we returned for assistance—the five men pursued us as we returned across the Bottom field—they followed us out of Mr. Rhodes's field into another field belonging to Mr. Bacon—I heard them cry out, "Shoot the b——b——," and various language of that kind—all of them called that out, but this prisoner more particularly—Kitley was in advance of the others—the prisoner was nearest to us at first, until Kitley came up with the gun—that was after they called out "Shoot, &c.—Kitley pointed the gun to French—he came up, till he found he could not gain any more ground on us, and then he fired at French—French then called out to me—Kitley ran away, and I dischaigcd my gun after him—
I am now describing what happened at the time I shot the dog—I was left in charge of the prisoner and young Page after they were apprehended that evening—they were handcuffed and placed in a cart, but they got away from me about eight o'clock—it was quite dark—they got out of the cart, handcuffs and all, and escaped, after I struggled with them to hold them, but I could not succeed.
Cross-examined. Q. Who were the five men? A. Kitley, the two Pages, Cartwright, and Smith—I could not speak positively to the younger page.
MR. CLARKSON. Q. You said On young Page's trial you could not speak positively to him? A. I did; I am certain of the prisoner—I am rare he used the language I have stated.
COURT. Q. Did you go again any time that day after eleven o'clock? A. We went after having assistance, that was two hours afterwards—we went in pursuit of the men—the dogs were shot about eleven o'clock—French left me behind, and went for assistance—he was absent about two hours—he was shot at about eleven o'clock, before he went for assistance—I did not see Kitley fire at him—my face was not towards him—I was as near French as I am now when Kitley fired, but my face was not to him—whether Kitley levelled the gun at him I could not tell—I was not looking at him it the moment—I heard the shots pass us into the hedge, close to us—the shots appeared to go between us—French was a little to the right of me—I did not see where the shots went into the hedge—I heard them strike the hedge quite distinctly, about six feet from the ground—Kitley was about fifty yards off when he fired.
ZACHARIAH FRENCH re-examined. Q. You have heard Scott examined, do you remember the time the dogs were shot? A. It was about eleven o'clock—I suppose it could not be more than ten or fifteen minutes after the dogs were shot that I was fired at—I do not think I said it was two boon after.
BENJAMIN SKINNER . I am groom to Mr. Williams, of Wood-green, near Tottenham; I know the prisoner. On the Sunday morning in question, about eleven o'clock, I saw him coming away from Mr. Bacon's field, through a gate at the end of Dampford-wood—he was helping to drag a dog, which appeared to have been shot—I am certain of him.
GUILTY— DEATH . Aged 28.—Strongly recommended to mercy, in consequence of the provocation he received, by the witness shooting the dogs.
Before Mr. Justice Williams.
491. THOMAS WESTWOOD and THOMAS CARTER were indicted for burglariously breaking and entering the dwelling-house of Robert Youens, about the hour of two in the night of the 9th of January, at Hillingdon, with intent to steal, and stealing therein I telescope, value 7s. 6d.; I pair of spectacles, value 1s. 6d.; 2 spoons, value 6d.; 2 bottles, value 3d.; and 5 pence, and 12 halfpence; his goods and monies.
ROBERT YOUENS . I am a basket-maker, and keep a shop at Uxbridge, in the parish of Hillingdon. On the 9th of January I went to bed, I believe, a short time after eleven o'clock—I made all the doors and windows fast—I was the last person up—I got up next morning about seven o'clock—it was then light enough to see to dress—I have two residences—I keep a beer-shop at Hillingdon, it is there I live—I found three holes cut in the shutters of the bar, and the shutters open, when I came down—a pane of glass was broken, and the window-sash thrown up—I had not been
disturbed by any noise in the night—I missed a telescope, a pair of spectacles, two bottles, containing gin and peppermint, and some halfpence—I did not lose any flannel—I never saw the prisoners till they were taken up on the Saturday following—I saw my property again on the following Friday, in the possession of the Windsor constable—I missed it on Tuesday morning.
JOHN LOVEGROVE . I am high-constable of Windsor. On Friday morning, the 13th of January, I went to a public-house at Windsor—I had not heard of this robbery, but I received information about the prisoners, and went after them about half-past nine o'clock in the morning—I did not know either of them before—I found them sitting in the public-house—Carter had a bundle of flannel in his lap, which has nothing to do with this case—I searched them both, and in Westwood pocket I found this telescope, but nothing else belonging to this case—I found nothing on Carter—I asked Westwood, when he was before the Magistrate, where he got the telescope—he said he had it from his brother months ago—that his brother was a soldier, and had given it to him when he became a soldier.
EBENEZER WARD . I am a publican and live at Uxbridge. I know the prisoners by sight—I saw them in my house on Tuesday, the day after the robbery—they came in about eight or nine o'clock—there were more perm in the house—I believe they came in by themselves, but I cannot say—I did not see them do or hear them lay any thing—my house is about half a mile from the prosecutor's—they remained there the biggest part of the day, coming in and out—I have seen them together before in my house but not since.
Carter. Q. Did you see us come into the public-house together A. I believe you did come in together—I cannot say exactly, but you were both there.
MICHAEL POWELL . On the Monday night I saw the two prisoners in Uxbridge with two other persons, who I knew very well—they were walking up and down the street—it was between five and six o'clock—I saw them again between seven and eight o'clock the same evening, in the Market-place at Uxbridge, with the same two persons, and I saw then the next morning about half-past eight o'clock, as I went to breakfast—the came down the Bell-yard, at Uxbridge, together—they came out of one of the person's houses who they were with over night, and I watched them across the road to the Jolly Ostlers, kept by Ward—that is about half a mile from the prosecutor's.
ROBERT YOUENS re-examined. This telescope I have had upwards of thirty years—I am certain it is mine—when I got up I found there had been a candle burning stuck on the glass over the mantel-piece, and the tallow had melted down—the candle was burnt out—I am certain it had been put there since I went to bed.
Westwood. I hope you will have mercy on me, I was never in trouble before.
Carter's Defence. The first time I ever saw this man was at Watford, at work on the rail-road—the weather being bad I was obliged to leave of work, and came to Uxbridge—on Monday evening, about five or six o'clock, I went to Colnbrook, and next morning was coming from there to Uxbridge and met my fellow-prisoner on the road.
WESTWOOD— GUILTY— DEATH . Aged 20.
CARTER— NOT GUILTY .
Before Mr. Justice Williams
492. GEORGE ALLEN was indicted for burglariously breaking and entering the dwelling-house of Anne Talfourd, about the hour of twelve in the night of the 13th of January, at Fulham, with intent to steal, and stealing therein, 1 tea-pot, value 12l.; 1 cream-jug, value 5l.; 1 castor-top, value 1s.; 5 spoons, value 1l.; 1 box, value 6d.; 20 shillings, and I work-box, value 1l.; her goods and monies.
JAM TICKNER . I am cook to Mrs. Anne Talfourd, who lives in Norman-house, North-end, in the parish of Fuiham. I have been in her service better than four months—on the 14th of January, about a quarter put seven o'clock in the morning, I found the back parlour shutters and window open—it is on the ground floor—I was in that room the night before about ten o'clock—Mrs. Talfourd was in that room at ten o'clock—the left the room to go to bed then—I was there then and observed that the window was fastened with a little catch which goes into a loop—I fastened it myself—there were three other servants in the house—I was up first in the morning—I observed some castors on the floor, and the chiffonier there they bad been the night before, open—I missed four salt-spoons from the chiffonier, a mustard-spoon, a silver tea-pot, a silver cream-jug, the silver top of the pepper-castor, and the Missionary box, which is a box to collect money for the ministers abroad—I found the Missionary box in the garden open and empty, and I found a work-box under a tree opposite side window—that was not open—I have not found any of the silver or other articles—I observed some footmarks on the flower bed—one footstep was right up to the window—they were. the footsteps of two people—I saw a ladder at the bottom of the garden, up against the wall, on the garden side—it is a very high wall—the ladder belongs to a market gardener next door—it was a strange ladder to me—I saw footsteps going towards the ladder from the flower bed—the ladder was more than the length of this court from the window—the window had been opened with a chisel—there were marks of a chisel having been put in underneath and prised it up—there was a curious mark in one heel of the footsteps—I know nothing of the prisoner—it was not light enough to see without a candle when I got up—I should not have known the face of a man without a light—Mrs. Talfourd is a widow.
RICHARD HANCOCK . I am a policeman. I was on duty at Fulham—I know Mrs. Talfourd's house, it is in the parish of Fulham—I heard of the robbery between two and three o'clock in the afternoon of Saturday, the 14th—on the night before, about a quarter before twelve o'clock, I was in Star-lane, Fulham-fields, about four hundred yards from Mrs. Talfourd's garden wall, and saw the prisoner and two others—they were going in a direction towards the garden, and they said, "Good night"—I knew the prisoner before—I was side by side with him—I was going to Hammersmith, and he was going towards Norman House—I am quite positive of him—there was a constable with me—the prisoner said, "Good night," and the constable said, "Night"—I have known the prisoner about twelve months—I have not the least doubt of him—I took him into custody about seven o'clock the next evening, in a public-house at Hammer-smith—I found 1l. 9s. 6d. on him—I took him to the station-house and gave him in charge—I also found a pair of gloves and a silk handkerchief on him—on the Sunday morning I took his shoes off—he is lame, and both his feet are not alike—here are the shoes—I went with them to the garden between to and eleven o'clock—I noticed the window, it had been prised up to force
the thing off the hook—they could then get in—there is a flower-bed under the window, there were tracks upon it of only one person—the window might be about four feet from the bed—any body opening the window, could get in easily enough—I also observed tracks in other parts of the, garden towards the garden wall—there appeared tracks of two persons in, the garden, and three outside—I observed the tracks of two persons just under the window, as if walking backwards and forwards—they had been to two windows—there was only the track of one person under the window which was open—the tracks of the other person were within two yards of that window—there was the mark of the heel of a left foot without a tip under the window—the shoes were right and left—on the right foot there was a quantity of nail marks to be seen—there has been a piece of of iron round this heel, but the half is worn off—the ground was all fresh dag, and was soft—I applied this shoe in the presence of the witness, and the Inspector—I looked at the foot, then put it down gently to see if it fitted, and it fitted in every respect—I also put it down at the side of the impression once, and found it corresponded—it left an impression just the same—there are three nails—there was only the impression of one which sticks up the highest—I could not discern the others—here is a double row of iron nails, I could not discern that, but they corresponded in every degree, and so did the impression I made with the shoe—the prisoner being lame, this right shoe in made high to keep him level—there are seven nails on one side, and six and four on the other, and as he came from the ladder, this was the first foot he had put down—the flower-bed goes all round the garden from the ladder to the window, and I traced that from the ladder, right up to the window step by step—the precise number of nails were to be seen, and where he had made a false step the impression was to be seen—we could count the nails—on one place was seven nails, and the other places two rows of six, and the shoe is worn more down.
WILLIAM PULLEN . I am an Inspector of the police—I was present on Sunday, the 15th, when the two shoes were applied to the tracks in the garden—they agreed in every respect—I applied the one with the tip off the heel, to the side of the other mark, and it entirely corresponded with it, and then we applied it to the track itself—we applied the right shoe in the same way in several places, both in the track, and by making one with it, in my judgment both exactly fitted—it is quite a common thing for a man in the prisoner's station in life to have nails and iron tips—I could make out the precise number of nails—seven nails—six within and four on the opposite side—the servant saw them compared inside the garden.
JANE TICKNER re-examined. I saw the shoes tried to the marks in the manner described—they were placed as the policeman says, and the nails were just the same as in the shoes—when the shoe was put down it agreed with the tracks—I saw the shoes placed into the places, and saw them stamp them down by the side of the tracks to see if they were alike, and they appeared the same.
Prisoner's Defence. On the night the robbery happened I had been to Hammersmith, and was coming home—I live in Star-lane—I met the policemen about five minutes to twelve o'clock—one of them did me good night—I was with two young men, and had been drinking at a Public house—when I came home to my lodging I was fastened out, and could not get in—one of the young men said, "I have to go nearly as far as Chelsea, I am afraid I shall be locked out, we had better go to a public-house and get something to drink"—we went to Kensington and Hammersmith,
and about six o'clock in the morning we came along home, and met a policeman, who searched us all three, and let us go, and next day I was taken to the station-house, but I knew nothing of it—the landlady of the public-house I was at, came before the Magistrate, and said I came there with two more young men, and if I had any property she must have seen it, and we came out of her place at six o'clock in the morning—but the Magistrate said there was no occasion for her to come here.
RICHABD HANCOCK re-examined. He does live in Star-lane, and the door of the house was left ajar all night, so that he could have got in—I observed that—every night we turn our lantern on at the door, and find the whole row with the doors open, and I observed that at half-past two o'clock that morning the doors of his lodgings were both open—he it in the habit of living at two houses there, Mason's and Hockley's, and both lodgings were open.
GUILTY— DEATH . Aged 26.
Before Mr. Justice Patteson.
493. WILLIAM MILLS was indicted for burglariously breaking and entering the dwelling-house of John Frimley, about the hour of two in the night of the 10th of January, at St. Mary, Islington, with intent to steal, and stealing therein, 1 sixpence, and 2 fourpenny-pieces, his monies.
JOHN FRIMLEY . I keep the Rainbow public-house in the Liverpool-road, in the parish of St. Mary, Islington. On the night of the 10th of January, I was the last person up in the house—I went to bed about twenty minutes after eleven o'clock—I am sure I fastened the doors and windows all secure—the prisoner was at my house that night—he came between eight and nine o'clock—I did not know him before that—he came to the parlour where I was sitting, and had some refreshment, and sat up till about eleven o'clock, when he was shown to his bed by my servant—he had asked bribed previously—she left the room with him for the purpose of showing him to bed about eleven o'clock—she is not here—I fastened the front door by a lock and two bolts, and hung the key on a nail in an obscure place—the back door was only fastened by a bolt and a bar—it opens into my yard—I generally take my money to my bed-room, but that night I left it in the till in the bar, which forms a room of itself when the doors are closed—it a separated by two doors and a shutter, which is put up and fastened by bolts—a door opens to the front of the bar, and two half doors, which it the entrance into the bar—that separates it from the passage and the tap-room—I had fastened those bolts and shutters inside, and the bottom part of the door was fastened by a bolt inside—the upper part was locked outside I locked it the night before, and took that key to my bed-room with me—I left two or three fourpenny pieces, one sixpence, and a quantity of copper in the till—I had seen it there the last thing before I went from the bar—I took other money from it—I do not know what quantity of copper I had—I was called up between one and two o'clock by a policeman, and went down stairs—I found the policeman knocking at the door I found the front door had been unlocked, and left fastened only by the upper bolt—I had locked it, and bolted both bolts—I then opened the door and let the policeman in—I turned round, and found my bar door broken open, it is close to the outer door—I had no light at that time the bar door had been forced open, and the bolt nearly torn off—it hung by; gone screw—it was not standing wide open—it was put to—I could get in by opening that door, without unlocking the upper door,
which remained locked, as I had left it—I went into the bar with the policeman, and unlocked the upper door—I opened my till, and missed the fourpenny pieces, and a sixpence, which I had left there—the copper still remained—I did not miss any of that—we then went and found the back door standing wide open—the prisoner at that time was in the bar with the policeman—he was outside the door with the policeman when I came down—I said to him, "How came you to go out at this time of night? it is you, is it, who has come here under the pretence of getting a bed, and getting into the bar?"—I certainly did not promise him and thing or threaten him—he said he had not been to the bar—I asked him how he came to be up at that hour, and attempt to escape the is back way—he said he thought it was five o'clock in the morning—he was then taken into the bar and searched by the constable in my presence, and between three and four pounds worth of silver, and some copper, was found in his pocket—he had various coins, half-crowns, shillings, sixpences, and three fourpenny pieces—he was taken to the station-house—the lock of the front door had been broken off—it was not unlocked with a key, but I did not discover that till after I had been to the station-house—there was no particular mark on the silver I left in the till.
Prisoner. I know nothing about the bar whatever—I thought it was five o'clock.
JAMES BURNTHALL GILL . I am a policeman. I was on duty in the Liverpool-road on the night of the 10th, and about two o'clock in the morning I observed a light moving about in the bar of the Rainbow public-house—part of the bar window is towards the street—I likewise heard a noise similar to something being wrenched off a door—I think that noise was at the street door, but I cannot be certain—I then crossed over the road, and as soon as I stepped up to the door, on the pavement, the light disappeared—I then went round to the back part of the house to see if any body was going up stairs with a light—I could see no light at all—I then came round quickly to the front of the house, and the light was again in the bar—I made a noise with my feet, and the light again disappeared—I waited a short time and it appeared again, and shortly afterwards my brother officer came up—I spoke to him—he went to the back, and I gave an alarm at the front of the house—I knocked at the door—the light was burning when I knocked, but disappeared immediately—I waited a few minutes, but finding nobody came, I went round to the side wall—the prisoner was in the prosecutor's yard—he immediately jumped over at the bottom, and crossed a piece of waste ground to the outer wall—he got on the prosecutor's wall, and I kept him in sight till he was taken on the outer wall—I got into the prosecutor's yard, but could see nobody else, and we took him to the front of the house.
WILLIAM CHING . I am a policeman. I was on duty that night, and in consequence of an alarm I went to the back of the Rainbow—I saw the prisoner on the wall at the back of the house, and took him into custody on the wall of the waste ground—he had his boots in his hand, and no shoes on—he said it was all right he was a lodger—I asked him what he came out that way for—he said he thought there was a back door—I asked him why he came out at that time—he said he thought it was four or five o'clock—he was sober—I took him round to the front door, and the landlord let us in—I found the bottom door of the bar was forced open, and the bolt broken—I searched the prisoner, and found 3l. 14s. in silver on
him in half-crowns, shillings, and sixpences, and three fourpenny-pieces, fire common keys, and a phosphorus match.
Prisoner. I deny having any phosphorus match whatever; it was a little bit of deal. Witness. It was in his coat pocket, hut unfortunately, in the scuffle, we dropped it and lost it—there was a scuffle in the bar at the time we searched him—there were five or six persons bustling about.
WILLIAM WALKER . I lodged at the Rainbow on the 10th of January, and for a month before—I went to bed about eleven o'clock that night—there were two beds in my room—the prisoner came to the other bed—the servant showed him up—he undressed and went to bad—he asked me what holiness I was—I said I was a grocer—he said he had been in the house some hundreds of times, and he had just arrived from Ireland from seeing his sister—that was all our conversation—I went to sleep—I was alarmed by the landlord about two o'clock, and the prisoner was gone then—I had not heard him go down—there were lodgers in the next room—I did not get up—I am certain the prisoner is the man.
Prisoner. I deny saying any thing about Ireland—I never was there in my life.
JOHN FRIMLEY re-examined. There were two other lodgers in my house besides the witness—they slept in the room adjoining the one where the prisoner slept—when I got up I went up stairs and found all the other lodgers in bed, and also my servant, my wife and family.
Prisoner's Defence. When I came down in the morning I thought it was five o'clock—I wanted to go to Potter's Bar, and thought I should be able to get there to breakfast—I made sure it was five o'clock—I awoke, dressed myself, and went down stairs and out at the back door—as I came down the policeman knocked at the door—I know nothing about the bar whatever—I could not have done such a thing.
GUILTY— DEATH . Aged 29.
GUILTY .— DEATH . Aged 35.
Before Mr. Recorder.
495. HENRY LIVINGSTON, alias Chaplin , and JOHN JONES were indicted for burglariously breaking and entering the dwelling-house of Marianne Booth, about the hour of five in the night of the 9th Of December, at St. George, Hanover-square, with intent to steal, and stealing therein, 2 wine-coolers, value 10l. 10s.; 4 dish-heaters, value 9l.; 3 dishes, value 7l.; 1 wine-label, value 10s.; 1 hand-bell, value 2s.; 2 rows of beads, value 3s.; 1 top of a china box, value 10s.; 4 seals, value 9l. 10s.; 2 table-cloths, value 5l. 10s.; 7 yards of flannel, value 10s.; 5 dinner-napkins, value 1l. 5s.; 1 crucifix, value 2s.; 1 bodkin-case, value 2l.; and 1 pair of scissors, value 1s.; her goods; and SARAH LIGO for feloniously receiving the said goods, so, as aforesaid, feloniously stolen, well knowing them to have been stolen; against the Statute, &c—2nd COUNT, for receiving of a certain evil-disposed person.
MESSRS. PHILLIPS and JERNINGHAM conducted the Prosecution.
MARIANNE BOOTH . I live at No. 6, Hereford-street—it is in the Parish of St. Marylebone I believe—it is my dwelling-house—I have lived there—between four and five years. (Looking at some property) I lost these
four plated dishes on the night of the robbery—they are my property—I have the part that fits in here—this enamelled case was in my room on the night before the robbery—I can positively swear it was on the drawing room table; it always laid there as an ornament—I brought these two rows of beads from Rome, and attached to this one was a silver crucifix, and to one a gilt one—this gold seal is mine—I scaled a letter with it at half-past this six o'clock on the night previous to the robbery—the device is my own—the motto was inserted by my order—here are a variety of articles—this was a swivel teal, but it is broken up—it would cost me between 600l. and 700l. to replace the property I lost that night, at a very just calculation—the silver plate has never been found.
Cross-examincd by MR. ADOLPIIUS. Q. Is the house taken in your name? A. In my name—I pay the rent, taxes, and every thing for it myself—it is my house—I saw the ornament and seals within a very far hours of the time they were taken.
SARAH WELCH . I was cook in the service of Mrs. Booth. On the 9th of December I got up from seven o'clock to twenty minutes after—I went down into the kitchen, and opened the kitchen window next to the cupboard—I had seen that cupboard safe the night before, and had the key in my pocket—I found the cupboard broken open, and my bonnet-box, which had been in it, broken open and drawn out, and the things in great disorder—it is a box which locks—I missed out of the cupboard a gown and three collars—the kitchen drawers were pulled out, and the kitchen is great disorder—the window-shutters were fastened, I think, as I had left them overnight—I cannot swear to that, but they were fastened in the morning—the area door door stuck so fast that I could not open it—I was obliged to get out of the kitchen window to force it in—we could not pall it in from the inside—it is the kitchen door, leading to the area—I do not know what made it stick so fast—I went up stairs immediately to call the house-maid, who was in the act of dressing—I called up the footman, who slept in the next room to us at the top of the house—nobody slept down stairs—the footman and I went down stairs first, and went into the dining room—I do not think it was above twenty minutes after seven o'clock when I called him—he got up, and merely put on some of his things—he was not quite dressed when he came down—I found him fast asleep when I went into his room—his door does not lock—his time of rising was generally later than that—I was generally the first down—on going into the dining-room with him, we could observe a silver cover, which laid on the carpet, shine from the reflection of the gas over the fan-light as the diningroom door was open—we went down into the kitchen—the house maid by that time met us, and we returned to the dining-room with a light—we saw the things were gone out of the dining-room, as we saw the drawers forced open—the cupboard door was open where the plate was kept, and the side-board drawer, where the silver knives and forks were kept, was open—the cupboard is in part of the side-board—the plate is kept in a different cupboard—there is a side-board besides—plate was kept both in the cupboard and side-board, and they were both broken open—the lock of a tea-caddy was broken open which stood alongside the side-board on legs—I had nothing to do with the plate in the dining-room, and cannot say what was missed—I sent the house-maid up for my mistress immediately, while we were in the dining-room—I found the street door on the spring-lock—I believe the footman fastened it the night before—there are two bolts, a chain, and lock and key to it—I never saw either of the prisonors till I saw them at Bow-street.
Cross-examined by MR. ADOLPHUS. Q. What time did you go to bed the night before? A. From half-past ten to eleven o'clock—I was not the last person up—I left the house-maid up, and the footman was out with the carriage—I cannot say until what time—I did not hear it come home—I fastened the area door and the kitchen-window myself—I of course cannot tell what was done after I went to bed.
COURT. Q. In what way did you fasten the area door? A. It was festened with a wooden bar—I found that door fast in the morning, but it was more secure than I had fastened it—it stuck at the top—I could not swear it had been opened—it might be fastened up again—I found it fast, and it stuck more than usual.
MR. ADOLPHUS. Q. What sort of a night was it, dark and rainy, or moon-light? A. I cannot recollect.
MARY COCHRANE . I am house-maid to Mrs. Booth. On the night of the 9th of December I heard the street door locked, from a quarter to twenty minutes after twelve o'clock—the carriage had come home before that—I distinctly heard the bolting and locking of the door—I heard the lock turned as I was in the act of going down the "kitchen stairs—next morning the cook awoke me, from ten minutes to a quarter past seven o'clock—I got up and went down, and met the other servants in the kitchen—the kitchen was in confusion—the drawers turned out, and the cook's bonnet and clothes were about—we struck a light and went up together into the dining-room.
Cross-examined by MR. PAYNE. Q. Did you observe what sort of a night it was? A. I believe, as well as I can recollect, it was dark.
COURT. Q. You did not go into the parlour over night, I suppose? A. Yes—the footman always shuts up the parlour shutters at night—the driving-room shutters were not shut—they used to be left open until the robbery—there was no fastening to the drawing-room windows—no catch, nor is there at present—they were shut—I had not been in the drawingroom after about seven or eight o'clock—the windows were shut I know, but the shutters were never put to—the drawing-room is on the first floor—both the parlour and drawing-room go the whole length of the house—there is no access at the back of the house—there is another house at the back of it, looking into Oxford-street—there is a sky-light at the back of our house, but no room.
SABAH WELCH re-examined. When I came down in the morning it was not daylight, nor exactly dark—I did not go out—I did not open the window till mistress came down—that was near half-past seven o'clock—I was too frightened to notice whether it was light.
MR. ADOLPHUS. Q. Did you go to work by daylight directly after your mistress came down? A. I did not do any work for an hour—I got up in the dark, not by candlelight—there are no shutters to my room—it was between daylight and dark—I noticed the street door after We struck the light—I then found it only on the latch—the kitchen was undisturbed when I went to bed—I left the cupboard shut, the bonnet-box locked, and every thing correct.
MARY COCHRANE re-examined. It was from a quarter to twenty minates after seven o'clock when I came down—I could see to find my clothes by the daylight—I could have seen the features of a person if they were in as light a place as my room—I could see the cook's features by the daylight when she came up to call me.
I now live at No. 11, Vere-street—on the 9th of December I lived at No. 18, Vere-street—the prisoners Livingston and Ligo were living there together as man and wife all the time I was there, which was thirteen months—I knew Ligo by the name of Mrs. Livingston—on a Friday morning, in the early part of December, (I had been up the chief of the night,) and about six o'clock, I heard a coach draw up to the door—being so soon in the morning I threw up the window sash—the window looks into Vere-street—I saw Henry Livingston and two other men get out of a hackney-coach, and saw Ligo looking out of the window of the room below at the time, she had her head out—I saw Livingston and the other men bring some bags out of the coach—they were dark black bags—they brought them in at the street-door, and I then left the window—(looking at a bag) the bags were like that—I went out on to the landing, and heard Ligo on the stairs—I heard them bringing up the bags—they went into Livingston's room—about half-past seven o'clock I met Ligo on the staircase, she was bringing in some bread and something white in a cup, which smelt to me like aquafortis—I passed her and smelt it—it has a very strong smell—I saw a great many persons in Livingston's room in the course of the day—I saw Jones there going in and out—I should think I saw him there as early as nine o'clock in the morning—I noticed the features of the two other men who came in the coach with Livingston, and should know them again—I saw Jones several times in the course of the day—I did not see him doing any thing—he was only on the stairs going into Livingston's room—he went to it and returned several times in the course of the day—I saw Livingston between two and three o'clock that afternoon go out of the house with a large hamper on his back—he carried it to a hackney-coach which was waiting at the top of Vere-street, in Duke-street, and put it in—it was five or six houses from No. 18—there was no difficulty in drawing the coach up to the house—the coach was coming there, but the persons inside called to the coachman to turn back and wait at the top of the street—after Livingston put the hamper into the coach it went away—I saw Ligo in Livingston's room that evening—the police-officers came to the house that same evening—I am sure it was the same evening—I took Ligo some breakfast next morning to the station-house—she said she was much obliged to me for bringing it—she took two rings off her finger and asked me if I would pledge them for her, to get her some money, as she had none, and I took them—that was on the same Saturday—I saw the prisoner Jones, I believe it was on the Tuesday afterwards, at a stable-yard—he asked me if Ligo had said any thing—I said she had not said any thing to hurt any one—he said he hoped she would not, for if she did, it would bring a world of people into trouble—he said I was to beg of her not to mention his name, for as he was in it he thought of going away, but he could stop until Livingston was taken—he did not say any thing more then—I saw him again at the same place—it is about five minutes' walk from Vere-street, at the bottom of Drury-lane, where he worked—I asked him for some money for Ligo—he said he could not send her any, for he must keep what he had for him self, because, he said, if Livingston was taken he must get away, and he thought as it was, the sooner he got away the better—I had seen Livingston on the Thursday evening, the night before the coach came, between eight and nine o'clock—I went into his room to ask him to let me have a little boiling water—there was a looking-glass in the room and two candles before the glass—he was dressing his hair, and when he turned round to
speak to me I observed that his face was painted and his eyebrows blackened.
Cross-examined by MR. ADOLPHUS. Q. How long bare you been married? A. Five years the 3rd of last September—I was married at St. John's, Hackney—my husband is a porter in Covent-garden market—I had been up the greater part of the night the coach came—my husband was in bed—I did not call him to see it—I went from the window and acquainted him after I had seen it—I heard the clock strike six a few minutes before the coach came—the house is on the left-hand side of the way going from Clare-market to Duke-street—it is a boot-maker's shop—James Hutting keeps it—Livingston lived on the first floor—I lived on the third floor—I believe there is a gas-light next door, and there is one right opposite—it was by the light of the gas I saw them, as it was dark at six o'clock—I did not see the other two men at Bow-street—I saw Hutting and Henry Morley, who is one of Livingston's companions, at Bow-street, but I did not swear to either of them as being with the coach that night—Jones was not one of the men that got out of the coach—I could see that the bags were dark and looked like black—I did not see a hamper there—no hamper was taken out that I saw—the men had dark coats on—the coach was drawn up close to the curb.
Q. You were up three pair of stairs, and could see all this, faces, bags, and every thing? A. Yes—Ligo was taken into custody the same evening—the policemen came to the house that very day—I did not tell them the same evening what I had seen—my husband gave the information on Friday morning, from what I had told him—I said nothing about it—I was first spoken to about it on the Saturday morning by Ballard the officer—I think it was three weeks or a month before I was examined before the Justice—I cannot exactly say—I was examined three times—I communicated the conversation I had with Jones, not ten minutes after it happened, to Fletcher the officer—that was four or five days after the coach came—the last conversation was a fortnight after, I should think—I told Fletcher of that conversation not ten minutes after it occurred—I told him the first and second also—I communicated the last conversation to Fletcher a week before I went to the Justice—the first examination was broken up on account of the lateness of the hour—Jones was in custody at the first examination, and in the bar with the rest of the prisoners—I had told Fletcher all this at that time, and about Livingston's painting his face—I moved to No. 11, Vere-street before the first examination, of my own accord—I have a little boy about eleven months old, and I miscarried about six months back—I have frequently seen Jones in company—I know a relation of his named George Jones—they are not much like each other—I never spoke to him for his brother—I spoke to him to ask him where his brother John was—that was after the robbery—I did not ask him if his name was John Jones—I am certain of that—I know John Jones very well—I think there is a gas-light next door, or next door but one to the house, and I believe there is one opposite—I did not notice whether the coach made a shadow.
Cross-examined by MR. PRENDERGAST. Q. What did you do with the rings you got from Ligo? A. I pawned them and brought her the money and duplicate—she refused to have the duplicate, because she said it would not look well if it was found on her, and I have it here—nobody was present when I gave her the money—I gave it her in the clerk's office at Bow-street, I believe—it was not a private room—the clerks were
writing here, but they were not noticing me, that I know of—there was nobody in our company—the last examination was about a fortnight ago—the second was about a fortnight before that, I think—it is about a month since I was first examined at Bow-street—my husband's name is Read—he has not been in prison often—I believe he has been in prison but only once that ever I heard of—that was in Newgate, I believe—he has not been in prison since we have been married—my little child was excessively ill on the night in question, which made me sit up—my husband was once in Sewell and Cross's employ—I have a brother in the police—he has never been charged with felony by my husband—my brother was not in the house the day the officers came—I saw Livingston the evening Ligo was taken, at the Magpie public-house in Drury-lane—I was never in that public-house before that evening—there is no public-house in Drury-lane to which I am in the habit of going—I do not frequent public-houses—Ligo took me to the Mogul one evening—she told me it was a very splendid concert room—that is twelve months ago—I have not been there since.
Q. Did not you understand her to be a married woman? A. I understood she was the wife of Livingston, and that he was a printer, and worked at night, and not in the day—I do not know that he is a printer—my brother came to the Mogul the same evening I was there—he came to see me home—I was not in the room above an hour—there was a pianoforte in the room—I believe there is a gas-light opposite my house—I do not know whether it is thirty feet off, I never took that particular notice—I met Ligo in the street on the 9th—I saw her several times that day—I went with her into Drury-lane to a person named Benjamin—I could not have been more than an hour in her company that day, and that was at different times—she asked me if I would let her come up and have some dinner that day with me, and she did—we were not in company more than ten minutes at dinner time, for she wanted to go down stairs.
MR. PHILLIPS. Q. You went to the Magpie public-house that night for the first time?—by whose directions did you go? A. By my husband's—I had at that time told him what I had seen—the police-officers knew I was going to the Magpie, and while I was there they came opposite and stood there—they did not at that time know the person of Livingston—I was well acquainted with him.
JURY. Q. Was Jones in the house when the hamper was taken out—or in the coach? A. I cannot say.
WILLIAM BALLARD . I am an officer. On the 9th of December, a little after six o'clock in the evening, I went to No. 18, Vere-street, Claremarket—I went into the front-room first floor and found Ligo there alone—on going in she said, "You have made a mistake, and come into the wrong room"—I said, "Oh no, I have not"—she said, "Yes, you have; there is nothing here"—I had not intimated that there was any thing there—I looked about the room and saw this hamper—it was tied together, and a smaller sized hamper stood by the side of it, which had nothing in it—two bundles were standing on the chair by the side of the hamper, and in them I found property which Mrs. Booth has identified—I found these two black bags by the side of the chair, and in a drawer 1 found a blue bag—I asked Ligo who lived there with her, and what bis name was—she said she did not know—I asked her how he got his living; she said she did not know what his name was, nor what he did for a living; she had been there but a short time, and could give no account of him at
all—I cut the hamper open and found four plated dish-heaters, which Mrs. Booth has identified, three plated dishes, and two ice-pails—the insides are not in them—I have seen them since at Mrs. Booth's—Ligo was present when I took the things from the hamper—I do not remember asking her any questions about them—she said she did not know how they came there, for she had been out—she was not speaking of those particular dishes—she said she had been out—that he had made her go out, taking the poker and threatening to knock her down, or kill her with the poker, if she did not go out—she said she had been out the whole of the day—I am tore of that—I searched the drawers—they were all unlocked—I found a dark lantern, wrapped up, and a handkerchief containing a lamp, these two life-preservers (they are loaded with lead, the handle is of whalebone, and is flexible) a centre bit, a quantity of skeleton keys, some lucifer matches, and a piece of sand-paper, which will ignite them—(the witness here drew the match through the sand-paper, and it ignited)—I also found two pairs of scales, and three Sets of plate weights, which are used to weigh gold and silver metal—I saw Fletcher take down a tea-cup containing aquafortis—that is not here—I found those articles of jewellery which have been produced to Mrs. Booth—here is a metal bell, the top of box, gold, an enamelled case, a gold figure seal, a small crucifix, another mull gold seal, with an owl on it, a gold frame of a box, a wine label, and a swivel seal, broken—three drinking glasses were on the table, with a decanter empty by the side of them, and some pipes, three of which had been used—here is a piece of green baize, which was found in the bottom of one of the wine-coolers—it is the bottom of a candlestick—there is resin on it, and it is also burnt by fire—aquafortis is used for the purpose of trying gold, by dipping things in it and applying it to the gold, if it is good gold it has no effect, but if base metal it immediately turns green—I took Ligo into custody—I was with my brother officer when Jones was apprehended in Zoar-street, Gravel-lane, Lambeth—I know he carried on business in Drury-lane—I had been to look after him there before that, but could not find him—I did not ask for him—I had been looking out for him for more than a week—I cannot exactly say how long—he is a van-man, as I understood—his brother and he have a van and a cart between them for the purpose of moving goods—when we apprehended him, Keys said, "Oh Jones, we want you"—I believe he asked what it was for—Keys and I were together—he went in rather before me at the door—I did not hear the whole of the conversation—I know that Keys said something about the robbery to him, and Jones said he knew nothing about it—I heard him say so—he was taken into custody—Livingston was afterwards taken, I saw him in custody at Bow-street, and asked him who he would wish to have the things that were in his room—he said his brother—his brother was present at the time—he was called up, and I called Fletcher up to give him the key—he had not got it then, but he had it afterwards—I asked him at another time respecting two boxes, containing some women's wearing apparel, and said Ligo's sister had claimed them, and asked him whether I should let her have them—he said yes, they were hers, she might as well have them—there was a new shawl found in the drawer—I said Ligo's sister claimed that, and he said she might have it—went to Mrs. Booth's house, and examined the kitchen window—the fastening was out of order, and a person from the outside could throw the window either up or down—there were shutters—by pushing one shutter, and drawing the other towards you, you might introduce a thing of this
kind, (a knife, which I found on the drawers in the prisoner's room,) and the bar would drop down—I took that knife to Mrs. Booth's house—I observed a slight indention on the sideboard cupboard in the dining room—I applied the knife to the mark, and found it fitted it—the impresijon corresponded—such a knife would make such an impression—the cupboard in the kitchen had been broken open—I found a small crow-bar with these tools in Livingston's room, but I have left it at the office—I applied that to the marks in the cupboard door of the kitchen, and found it exactly fitted the marks on the side of the door—the crow-bar had some paint on it, of exactly the same colour as the paint on the door—I shut the cupboard door, had it locked, and put the crow-bar into the mark, and it opened it immediately.
Cross-examined by MR. ADOLPIIUS. Q. When was it you first made the search at the lodgings where you found the woman? A. On the evening of Friday, the 9th—at that time I saw nothing of Livingston I know Mrs. Read and Mr. Read, and Mr. Hutting very well—only since this business—I only saw Read twenty minutes before my going to the bouse—I assisted in apprehending Jones—it was not said that he had been away keeping holiday, and every body knew where he was—I told him he had left his home—he made no answer to that—I said, "At all events, you did not sleep at home last night"—he said, "No, I did not."
Cross-examined by MR. PRENDEROAST. Q. You had seen Read many times? A. Yes.
FRANCIS KEYS . I am an officer of Bow-street. On the 1st of Januany I took Jones into custody—Ballard was with me—we called him out of the room of the house we found him in into the passage, I said, "Jones, I want you on suspicion of being concerned with others in a burglary at Mrs. Booth's, in Hereford-street"—he said, "Very well; I suppose I must go"—in a short time we left the house, and went up the street into Blackfriars-road, and got into a coach—after being in the coach a few minutes he said it was a cold day—I said it was—he then said, "As I am in it, I must get out of it"—I had said nothing more to him than I hive stated.
Cross-examined by MR. ADOLFHUS. Q. Did you not tell him you had been looking after him before? A. I do not recollect telling him so—I do not recollect his saying if we had gone to his own house we might have found him changing his linen any day—he did not say so to me—I did not hear any such thing said.
Cross-examined by MR. PRENDEROAST. Q. Do you know Mr. Read's husband? A. Yes—her brother is a policeman, I have been told.
WILLIAM COTTAM . (police-constable G 138). On the 24th of December Livingston was given into my custody by another person in Old-street-road I collared him—he said, "For God's sake let me go"—the person said he gave him in charge for a burglary committed in the house of Mrs. Booth in Hereford-street, Oxford-street—it was after that he said, "Let me go—he struggled very hard to get away, and also struck me—at the station house he gave the name of Henry Chaplin.
Cross-examined by MR. ADOLPHUS. Q. This was a fortnight after the robbery? A. I believe it was—Read's husband was the person who gave him into my custody.
ABRAHAM FLETCHER . I am a police officer. The witness Read made a communication to me as to what passed between her and Jones—that was some time before he was taken up—I do not exactly remember the day.
Cross-examined by MR. ADOLPHUS. Q. How long after the robbery was it? A. I should think nearly a fortnight.
WILLIAM BALLARD re-examined. I have been more than once in Mrs. Booth's house—it it in the parish of St. George, Hanover-square—three parishes divide in the centre of Oxford-street—I have now got the crowbar, I fitted it to the cupboard, and here is a bit of the cupboard—the paint on both correspond.
LIVINGSTON— GUILTY— DEATH . Aged 28.
JONES— GUILTY— DEATH . Aged 27.
LIGO— NOT GUILTY .
496. HENRY LIVINGSTON, alias chaplin , was again indicted for burglariously breaking and entering the dwelling-house of William Cordfell, about the hour of 10 in the night, on the 21st of February, with inert to steal, and stealing therein, 34 watches, value 130l.; 200 rings, value 100l.; 30 seals, value 20l.; 48 spoons, value 8l.; 4 guard-chains, value 20l.; 40 pairs of ear-rings, value 5l.; 4 breast-pins, value 15l.; 20 brooches, value 10l.; and 9 necklaces, value 2l.; the goods of the said William cordwell; and SARAH LIGO was indicted for feloniously receiving the said goods, well knowing them to have been stolen; against the Statute, &c.—2nd COUNT, for receiving of an evil-disposed person.
(MR. PHILLIPS declined offering any evidence.)
NOT GUILTY .
Before Mr. Recorder.
497. HENRY BATES was indicted for burglariously breaking and entering the dwelling-house of John Watkins, about the hoar of eight in the night of the 27th of January, at St. John, Clerkenwell, with intent to steal, and stealing therein, I watch, value 1l. 5s.; 1 watch-chain, value 2d.;1 seal, value 1s.; and 2 watch-keys, value 2d.; the goods of the said John watking.
JOHN BELL . I lodge at No. 28, Great Sutton-street, Clerkenwell. On friday, the 27th of January, I was coming down that street, about a quarter before eight o'clock, and saw the prisoner standing close to the window of Mr. Watkins's shop—as I passed the window I beard a crash of glass—I immediately looked round and saw his hand in the window—I am quite sure I saw his hand within the window—he ran away—I ran after him, and collared him—he said he had only broken the window—he knocked off my hat—I let him go, but did not leave him—I took him back to Mr. Watkins—he walked back with me, as a mob had assembled he could not get away—a policeman was sent for, and he came—a person spoke to the prisoner as I was leading him back to Mr. Watkins's, but I could not tell what the person said to him.
Prisoner. Q. How far were you from Mr. Watkins's door when you saw my hand in the window? A. Directly opposite—two or three yards the door, on the opposite side of the way—the street is six or seven yards wide—it was a tall person in a shooting coat who spoke to you in Hooper-street on going back—I swear it was your hand I saw in the window.
JOHN WATKINS . I live at No. 16, Great Sutton-street, in the parish of St. John, Clerkenwell—I am the housekeeper. I have a shop there for he sale of watches and jewellery—I lost a silver watch, a seal, and a chain. Which I had put in front of the second pane of glass in the left hand window, on the Tuesday previous to the robbery—I left London
that day, and did not return till the Saturday following—the property it worth 25s.—I know nothing of its being there on the Friday—I hare not found it.
Prisoner. Q. Is it a gold seal or metal? A. I cannot swear, but if it is metal it must be worth 1s.—there is a motto on it, "Auld lang synt"—it was plate-glass that was broken—it would make a great deal of noise.
MARY WATKINS . I live with my father. On Friday night the 27th of January, a little before eight o'clock, I was in the parlour, and heard a dreadful crash—I immediately ran out and found the shop window broken—I missed the watch, chain, and seal, which I had seen there about six o'clock that evening—the window-pane was very much broken—it was quite sound at six o'clock—the prisoner was brought to the shop in five or ten minutes—he could reach the watch, it was close to the glass.
Prisoner. Q. Did you see me near the window? A. No—his conduct was very violent in the shop, and when left with only two persons, he made a desperate effort to escape—he called out "Murder"—he wished to go without the assistance of a policeman, and our friends would not allow him—he then called out to the crowd that he was being murdered, and tried to break down the door.
ROBERT BARKER (police-constable G 106.) I live in Rosoman-street, Clerkenwell. On the 27th of January, in the evening, I was called to Mr. Watkins's shop, and took the prisoner into custody—there was about two hundred people about the door—the prisoner was in the shop—I saw no disturbance on his part.
Prisoner. You searched me to my shoes and stockings? Witness. Yes, I found no property on you.
Prisoner's Defence. I had been drinking in the afternoon with a friend, in fact I had not been near Mr. Watkins's shop that evening—I was standing leaning against a post at the corner of Bury-street, very sick. I saw the witness and other men running down Hooper-street, calling "Stop thief"—I, being in liquor, made way for them to go by—they went up a street, the name of which I don't know, and turned the corner—I walked to the bottom of Bury-street, and was standing by a baker's shop when Hell collared me—I did not say I had broken a window, he said, "you have broken a window;"I said, "I have not broken any window, let me go"—probably his hat fell off, I dare say it did—a crowed collected, some said, "Let the man go;" others said, "If you have not broken a window, go with him;" and I did go with him to Mr. Watkins's shop, and when in the shop feeling sick again, I went to the door not to go out, but not wishing to make a mess on the mat, but two men seized me by the collar and pulled me back—I called for no rescue, for I had not a person near the place whom I knew—I did call Murdei—he people said "What is the matter?"I said "They are ill using me, force the door open"—I went to the station-house—after the witness let go of my collar, I walked with him by myself voluntarily I could have gone away if I had chosen—when I went in I said to Miss. Watkins, "Did you see me break the window?" She said, "No, I certainly did not." I particularly requested the policeman to look at my hands, for if they had been inside a broken window they must have been cut—I was not within sixty yards of the shop at any time—come which way I could I could not be within sixty yards of the shop, and if I had been at the window, and the witness where he says he was, instead of my escaping from him, I must have run into his arras—there was no possibility of going any other way—I can only say, really I am not the
person—it had been raining, and was a very dark night—he says in his deposition he never lost sight of me—if it had been me, and taking three turnings he could not be off losing sight of me—at the baker's shop a man came running past me, before Bell came up, and ran through a passage, but I did not offer to stop him, being in liquor—the policeman searched me—Miss. Watkins owns it was not above four or five minutes from the I time the window was broken and my being brought back, and the round the witness went could not be accomplished in that time—if I had run from Mr. Watkins's shop window down Sutton-street into Allen-street again, it is half a mile round, and I could not have done that in four minutes—he must be mistaken in me.
Prisoner. Ashton, the inspector, came into the station-house when I was sick. Witness. I did not see it.
JOHN BELL re-examined. On my oath he is the man—I was closely pursuing him—I could have taken him before, but thought to get assistance—when I took him, he was out of breath, and at the corner of a court in Allen-street—I did not hear him drop the watch, but I could not see, as it was too dark—the shop window is in Sutton-street.
Q. Had he any opportunity of getting rid of the watch, except when the young man spoke to him. A. I think not; but being a muddy night, he might have it without my hearing it.
Prisoner. No person spoke to me, except the people standing about—one said, "What have you done?"—I said, "I have done nothing; this man accuses me of breaking a window"—this man was by my side all the time—if I had given it to any body, he must have seen it—he took me by a baker's shop. Witness. No, I did not—I took him at the corner of a court in Allen-street—I did not observe that he was in liquor—he seemed quite exhausted—he was not sick in the shop, unless it was while I went for the policeman.
Prisoner. I was sitting in a chair. Witness. There was no chair in the shop—there was a small stool, but he was sitting on a vice.
(Elizabeth England, wife of a baker, Hackney-read, and William John Lindham, copperplate-printer, Chapel-street, Pentonville, deposed to the prisoner's good character.)
GUILTY — DEATH . Aged 29.
LONDON AND MIDDLESEX LARCENIES.
OLD COURT.—Monday, January 30th, 1837.
First Jury, before Mr. Recorder.
NOT GUILTY .
information I bad received, I asked him whether he was the man who wanted to dispose of a copper coal-scuttle—he said, "Yes"—I said, "Might I take the liberty of asking whether it belongs to you?"—he said "yes, it does"—I said, "Where do you live?"—he said, "No. 3, Jewin-street"—I said, "Will you have any objection to my going there?"—he said, "No"—he turned and tried to escape, but I secured and took him to the station-house.
JOHN KEYSE . I am shopman to Mr. Sowerby, a pawnbroker in chiswellstreet. This copper coal-scuttle was pawned at our shop on the 7th of December, about six or seven o'clock in the evening, for 5s. by the prisoner—I did not know him before—I am quite sure he is the man.
CHARLES EDWARDS . I keep a tavern in Aldersgate-street the prisoner has been in the habit of coming to my house—I have known him some years—this coal-scuttle is mine—we missed it on the 7th of December from the lobby at the private entrance to the house.
Prisoner. He could not swear to it before the Magistrate. Witness. I have not a doubt about it—I bought it at a sale, and there is a small hole in the bottom of it.
GUILTY . Aged 43.
JOHN SCHOFIELD . I live in Wood-street, Cheapside. These nine ivory balls are mine—I lost them on the 1st of December—I know two of then by particular marks—the red ball has a flaw in it—I dyed it myself, and did it very badly.
ANN SCHOFIELD . I am the prosecutor's daughter. The prisoner was at our house on the 1st of December, and I served him with a glass of ale—he took it into the parlour—I went in about a quarter of an hoar and missed the bagatelle balls, which had been there—I swear to them.
Prisoner. I have a wife and four children—I have been in respectable circumstances, but have been so reduced that I was obliged to do any thing I could.
MR. EDWARDS. I have known his wife's friends to be very respectable—I believe he was in business, but has been unfortunate the last few, years principally through his own misconduct, by excessive drinking.
GUILTY , Transported for Seven years.
RICHARD NORMAN . I live in Manchester-square. On the 31st of December, about half-past three o'clock, I was in Green-street, and felt something pull at my coat—I passed my hand rapidly round, caught hold of the prisoner, and found my handkerchief at his feet—no one else was near enough to have taken it—I delivered him to a policeman—I had felt my handkerchief safe within three or four minutes—he was quite close to me.
Prisoner. Q. Were there not two boys, one in a brown coat and another close to you? A. No, not within fifteen or twenty yards—the prisoner
epeatedly asked me to give him a good beating and let him go, as it was his first offence.
(Property produced and sworn to.)
Prisoner's Defence. There were two boys—they taw me going to tell the gentleman, and they threw the handkerchief down—I was not so near him as the other two, but he collared me and the others ran away.
GUILTY . Aged 14.— Transported for Seven Years.
JOHN ROE . I am a City officer. In consequence of information, I went to Mr. Hair's, in Wailing-street, on Monday, the 16th of January—I took the prisoner, whom I found there, into a private room, and said, "You have been robbing your master?"—he denied it—I said, "You have, and conveyed the property to a lad named Caudell," which he still denied—he said he lived at No. 18, Sadler's-buildings, Goswell street—I went there with Mr. Mair (leaving the prisoner at the warehouse) and found a silk handkerchief in the room he occupied—he had but one room—the rooms are on a landing, round the repository—I saw a woman there who represent herself to be his wife, and whom I have seen with, him since—I found these handkerchiefs, and took them to Mr. Mair's warehouse—they were produced to the prisoner—they are not the property named in this indictment—Mr. Mair asked the prisoner to account for the possession of this property—he cried, and seemed very much hurt—Mr. Mair, said "How many pieces of handkerchiefs have you robbed me of?"—He then said, "Only two."
JOHN CACDELL . I live in Paul's-head Court, Fenchurch-street. The prisoner was in the habit of coming to the Rose and Crown where I used to job—I had a piece of seven handkerchiefs from him two of three months ago—he asked if I could dispose of them—I was to give him half-a-crown a piece for them, and what I made over that I was to keep—I sold this one to Francis for 3s.—I had had many of the prisoner before a man named Kibble had two off another piece—I did not receive the two pieces at the same time.
WILLIAM MAIR . I have two partners—we are warehousemen, and live in Watling-street. The prisoner was in our employ for about eight months I went to his lodging, and on my return I told the prisoner he had been robbing me—I had ascertained that fact—I asked bow many pieces he had been robbing me of—he said two—I can swear to the one produced by Francis—it has part of our ticket on it now—it must hare been taken in a piece, as we have no single handkerchiefs—I am sure it was part of our stock—the prisoner never purchased any of us.
JURY. Q. There are tickets attached to all the goods you send out? A. Yet—we were in the habit of sending him out with articles of this description, to deliver.
GUILTY . Aged 25.—Recommended to mercy.— Transportedfor Seven Years.
OLD COURT.—Tuesday, January 31, 1837.
Second Jury, before Mr. Recorder.
JOHN PHILLIPS . I live in Middlesex-court, Smitlifield. On the after. Noon of the 26th of January I was in Sun-street, Bishopsgate, and saw the prisoners in front of a shop—Driscoll sent Walker into the shop—I afterwards saw them in Jewry-street, near a childbed linen shop—when they had been there two or three minutes, Walker opened the door contiously, stood about half a minute, then opened it and went in—he remained in there nearly ten minutes, and came out with his apron apparently full of something—he ran a short distance, and Driscoll followed him—(before they got there I had seen them go into several shops and come out again—they went in by turns, first one, and then the other) they joined again in Leadenhall-street, and then Walker took his apron off, tied it up, and gave it to Driscoll to carry—I followed them to the corner of Cornhill—I saw three policemen there, and informed them of it—when Driscoll saw the policemen he threw the bundle and an umbrella down, and ran away—the policemen took him, and I secured Walker.
Walker. He says he caught me, and the policemen ran after the other, but the policemen took me, and he ran after the other. Witness. When the policemen ran across, one of them laid hold of him, and gave him to me to hold, while he went after the other.
Driscoll. I had no bundle—I never went into the shop. Witness. He did, and I am certain he had the bundle—Walker gave it him—I had seen them go into two bakers' shops, one in Sun-street, and the other in the Minories—I had watched them some time.
EDMUND WASHINGTON (City police-constable No. 10.) Between five and six o'clock I was standing at the top of Leadenhall-street, Phillips came up to me, gave me information, and pointed out the prisoners—I saw Driscoll rather in advance of Walker, with a bundle in his hand—I crossed and took Walker, and told Phillips to hold him while I went after Driscoll, who threw down the bundle and umbrella, and ran across the road—I picked up the bundle, and he was secured by Pycfinch.
Driscoll. An omnibus was coming by, and I waited for it to pass—I dropped the umbrella, the wind being so high, but I never had the bundle in my hand. Witness. I saw him drop the bundle, and saw it in his possession before.
EDWARD PYEFINCH (City police-constable No. 67.) I was at the corner of Leadenhall-street when Phillips gave us information—I looked across and saw the two prisoners—Driscoll was rather before the other, with a bundle under his arm—I crossed the road, and saw Driscoll throw the bundle down, and run across towards Bishopsgate-street again—I did not stop to pick up the bundle, but followed him, and behind an errand cart he threw the umbrella down—I snatched that up and followed him, and as he turned a corner a man ran against him, and I secured him.
WALKER— GUILTY . * Aged 16
DRISCOLL— GUILTY . * Aged 11
Transport for Seven years.
EMMA MARIA BEARE . I am in the employ of George Blaylock, a linen-draper, in Fore-street. About six o'clock on the evening of the 5th of January, the prisoner came to the shop, and asked me to match him a piece of gauze ribbon—he had a pattern in his hand—I told him I had not got it—he then asked me to match a piece of thread edging, and as I tamed to get the box, I saw him slip the casement of the window back, and take five silk handkerchiefs in one piece out, and put them in his coat-pocket—I sent a person up to Mr. Blaylock, and went round the counter and held the shop door—a gentleman in the shop took the hankerchiefs out of the prisoner's pocket, and laid them on the counter—a policeman was tent for, who took him and the handkerchiefs.
GUILTY . * Aged 17.— Confined Twelve Months; Last Week Solitary.
505. WILLIAM LIGHTWOOD and JAMES HUGHES were indieted for stealing, on the 3rd of January, 1 purse, value 6d.; 7 sovereigns, 1 half-sovereign, and 5 half-crowns; the goods and monies of Thomas Reid, from his person.
THOMAS REID . I live in Uxbridge-street, Notting-hill. On Tuesday evening, the 3rd of January, I left London, and was going home—I was stopped after being at the Churchill Arms, Kensington Gravel-pits—I was going in there, and suppose these two men were at the door—I do not recollect that, as I was so drunk—I found myself in custody next morning, and all my money was gone—I recollect having it in my pocket when I left London, between nine and ten o'clock—I cannot tell when I became insensible—I was not drunk when I started—it was as much the effect of being in company where they were smoking, as drink—I do not recollect much after leaving Piccadilly.
Cross-examined by MR. PHILLIPS. Q. How much money had you received? A. 9l. 16s., and I had 1s. 10d. in my pocket besides—I found myself at Kensington in the morning.
JAMES AUGUSTUS REID . On the night of the 3rd of January, it being late, my mother sent me out to look for my father—I saw him in Silver-street, in the Gravel-pits, near the Duke of York public-house—Lightwood had hold of his right arm, and asked me what I wanted—I told him it was ray father—Lightwood let him go, and dropped something—he stooped down to pick it up, and went across to Peel-street, near where he and Hughes were working—Hughes was present, and he stopped, and used threatening language—he threatened to knock my father—over head—I do not know what for—he got hold of my father's arm, and said before he would let go, my father should break his arm—he did not say why he held his arm—I called, "Police," and I think three came up.
Cross-examined by MR. PRENDERGAST. Q. I believe they were both drank? A. Hughes was drunk, and my father too—it seemed something like one drunken man taking charge of another, and leading him—what Lightwood picked up was something he had dropped himself—I saw him drop it—I do not know what it was.
JAMES DARLING (police-constable T 88.) I came up about ten minutes after twelve o'clock at night, hearing police called—I found the prosecutor and Hughes both struggling on the ground in the middle of the road—I sprang my rattle, and conveyed them both to the station-house—the prosecutor's son stated there, in Hughes's presence, that his father had received some money, and ought to have it about him—that was about twenty minutes after I had taken him—Hughes was then sitting down—he got up, and said the money was left at the Churchill Arms, and that he saw Reid give it to the landlord.
Cross-examined. Q. Did not he say the man was at the Churchill Arms, and left the money there? A. He said he saw him give it to the landlord—I do not say he was sober, but he seemed perfectly to understand what was passing—he was the worse for liquor.
THOMAS EASTLAND (police-sergeant T 17.) I was in Churchill-street with Mr. Reid's two sons, on the 4th of January, at ten o'clock on the morning after the robbery, and met Lightwood and two others coming along the street—I knew he was working there at that time with Hughes, sinking a well—as soon as young Reid saw the three men come round the corner, he pointed out Lightwood to me—I followed him a little way, and took him into custody—I took him to the station-house, and searched him—he said he had a little silver in his waistcoat pocket, which was all the money he had, and that was part of his week's wages which he had received the night before—I found two shillings, a half-crown, and sixpence half-penny in copper, in his pocket—he said he slept that night at a house in Pell-street, where he was at work—I went there, and made inquiry—I then asked him where he lived—he said at Acton, with his father, who was out of work, and the key was left with the next door neighbour, but he did not recollect the neighbour's name—I found out the lodging after a long inquiry—I did not find the key with the neighbour, but lying over the door—I took the owner of the house and the police-sergeant who searched the room, and found a box, which I opened with a key he had given me—I found five half-crowns in the till of the box, and, further down it, folded up in a blanket, seven sovereigns and a half—he had told me he had only got the remainder of five shillings, which was his wages.
FRANCIS MANNISTY HAMMOND . I keep the Churchill-arms, Kensing ton. On Tuesday night, the 3rd of January, the two prisoners were in my house, and the prosecutor with them—they came in ogether—Light-wood appeared sober, Hughes appeared a good deal the worse for liquor, and the prosecutor, I found out afterwards, was in liquor, but I did not perceive it at first—he treated the prisoners to some gin, and took out his purse to pay for it—it contained gold—I changed a sovereign for him—he had some rum and water afterwards by himself—Lightwood had some porter and some rum—he said he was going to work all night, and took half a gallon of porter out with him—Hughes remained behind and got into con venation with the prosecutor—he wished to accompany him home, but I objected to it, and said he only lived next door, and there was no occasion for his assistance—I did not know exactly where he lived at the time, but said so to prevent Hughes going with him—I got Hughes
out of the house, and afterwards looked out to see if all was clear—I then advised Mr. Reid to go home—he was quite steady enough to walk, and talked sensibly—they left my house about twenty minutes, or half-past eleven o'clock—it is about 150 yards from where his son met them—I had closed my house, and gone to bed when the policeman came—Light-wood went out about ten minutes or a quarter to eleven o'clock—Hughes stopped ten minutes after that, and Reid went out about five or ten minutes after him—I saw the prosecutor put his purse back into his right-hand breeches pocket—he had several sovereigns in it.
NOT GUILTY .
Third Jury, before Mr. Recorder.
GUILTY . Aged 21.— Transported for Seven Years.
507. JACOB JACKSON was indicted for stealing, on the 9th of January, 1 coat, value 5l., the goods of Maurice Ferguson Sparrow; I neckkerchief, value 1s.; and 53 pieces of foreign coin, called dollars, value 11l. 10s.; the goods and monies of William M'Lellan.
MAURICE FERGUSON SPARROW . I am mate of the Lucilla American ship. On Monday evening, the 9th of January, the prisoner quitted that ship with leave, to return next morning—I missed my coat about an hour after he was gone, and when he returned I told him of it—at nine o'clock. I got a policeman, and at ten o'clock he absconded, which made me suspect him—I did not see him again till he was taken—I found the coat in the policeman's possession.
WILLIAM M'LELLAN . I am master of the Lucilla, which laid in a dry—I dock. On the 9th of January the prisoner was my steward—I missed him from the ship, and missed a bag of Spanish and American dollars on the following Saturday, from my trunk in the state-room—the prisoner occasionally had access to it, as I might sometimes have left my keys in the room—I found a difficulty in opening it with the key—when he was apprehended I charged him with taking my dollars; and on the Monday following I saw him going to the Magistrate, and asked him in the policeman's presence what was his object in robbing me when he had been treated so well—he said he did not know what he was doing—I charged him with taking fifty-three dollars—he said there was not fifty-three, he only recollected taking forty-five—I asked for the seaman's coat—he at first denied it, but afterwards said a woman who he had been stopping with on shore had it in her possession.
JAMES HOWARD . I am a policeman. I apprehended the prisoner on Saturday, the 14th, and took him to the office—I heard the conversation between him and M'Lellan—I got the coat from a girl who he said he was stopping with—he said he had nothing to say.
GUILTY . Aged 32.— Confined Six Months.
NEW COURT.—Tuesday, January 31st, 1837.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . * Aged 18. Transported for Seven Years.
509. WILLIAM EVERITT was indicted for stealing, on the 9th of January, 2lbs. 10oz. of copper, value 2s. 6d.; 1lb. of brass, value 6d.; and 3lbs. 12oz. of copper, brass, and lead, mixed together, value 2s. 6d.; the goods of Edmund Pontifex and others, his masters.
EDMUND PONTIVEX . On Monday, the 9th of January, Sharpe, my foreman, told me something—we called the prisoner up, after he had passed through one of the gates into the ware-room, and asked him if he had any metal about him—he said no, he had not—he was then told that metal had been found secreted in different places, that some of it was gone, and from circumstances we suspected he had taken it—he said he had not—I said, "Send for an officer"—he then said, yes, he had some metal about him, and took out a piece, I think, from his side pocket, and said that was all he had—the officer found more metal upon him in different parts—this is it—some is copper, some brass, and some lead—I have more than one partner—we are largely in the copper and metal line—some of this is old metal, some is faulty casting, but it would be of the same use as the others—after the officer found several pieces about him, he again said that was all he had about him—I said, "Look in his hat," and in his hat some more was found—one of our workmen had found some secreted away, and it went away from time to time—there was no other man in the yard that afternoon, but the one who had given the information.
Prisoner. We find these pieces about, and when we are at work about the premises we throw it any where handy, and when we have an opportunity we take them into the cellar, by Mr. W. Pontifex's orders—during the last week I suppose I took 6 cwt.—the pieces that I had about me I bad brought to take into the cellar, and before I could take them I was called up. Witness. We have gates from the yard to the factory, and he had passed these gates before he was called up.
I work for Mr. Pontifex. On the 9th of January I was called by Gorrod—I looked into a tub and saw some metal secreted, and after tea a man told me some of it was gone—I gave notice of what I had seen.
Prisoner. Q. Did I not take two baskets down into the cellar on Monday? Witness. A. I believe you did.
Prisoner. I had not passed the gates when I was called by the gatekeeper, he asked if I had the keys—I said, "No"—he said, "Mr. Sharpe wants you up stairs to take a letter"—I in my hurry and flurry, put this metal in my pockets, but I never meant to do any wrong.
WILLIAM HANNY re-examined. I was present when the prisoner was called up—he had passed through the iron gate, which is beyond the gate that leads to the cellar—he had passed the first gate, and the road to the, cellar is beyond the stairs—it was after eight o'clock, and the man always locks up the cellar at tight o'clock.
Prisoner. I intended to take it into the cellar, but was called before I
was aware where I was, and Mr. Sharpe spoke to me—Mr. E. Pontifex then came to me, and said he thought I had something about me—I stood a few minutes, and saw him whisper to some one—I began to pull the metal out of my pocket; and then Mr. Pontifex said I need not pull any more out.
GUILTY . Aged 32.— Transported for Seven Years.
THOMAS SHARPE, JUN . I am the son of Thomas Sharpe, of tailor, in High-street, Aldgate. On the 7th of January, about half-past ten or eleven o'clock, we had a pair of trowsers just inside the door, where we usually place blocks and different articles—they were not outside—but almost beyond this man's reach—he must have jumped up to get them, being short—we had half a dozen pair, and they were well secured up—they were all ton down, and we missed two pairs—a person passing by gave the alarm—I ran out, and when I got to Houndsditch I saw the prisoner running away with this pair of trowsers under his frock coat—I caught him in Duke's-place—as soon as I collared him he threw them into the mud and tried to escape—I held him till the officer came, and gave him in charge—these are the trowsers, I picked them up—here is our private mark on them.
Prisoner. I was coming up Aldgate—I saw a young man, nearly six feet high, run across the road, and he dropped a pair of trowsers—I ran and took them up and hallooed to him—I was walking towards my home—I bad the trowsers in my possession seven or eight minutes, and the prosecutor did not see me running.
THOMAS SHARPE . He was running from the shop when I saw him, on the same side of the way—he had turned down Houndsditch, and was going towards Duke's-place, but he had nearly ceased running when I came to him—I had not had the information two minutes—I ran out directly—a woman said two men took them—we lost two pairs.
GUILTY . Aged 20.— Confined Four Months; Four Weeks Solitary.
HANNAH WEBB . I keep a general shop in Field-lane, Holborn. I sell apparel—these handkerchiefs hung out in the day, but in the evening, before I went to tea, I took them in—I do not buy them of strangers—I buy them with other goods—I placed them, on the 10th of January, on a nail inside the shop—I was in the back parlour, adjoining the shop, and saw the prisoner come into the shop, he took the handkerchiefs, and ran into Holborn with them—I followed him closely—I had seen him before, and the policeman driving him away with others—here are the handkerchiefs—they are worth about 3s. a piece—they cost me about 2s. 6d. or 2s. 9d.—I bought them of Mrs. Woolf, in Cutler-street—she deals in women's things there are several others there who buy nothing but pawnbrokers' goods—that is what I generally deal in—I followed the prisoner into Holborn crossed over to Shoe-lane, and there the officer took him—I was
as close to him as the officer was, but the officer pursued and took him, and he took this handkerchief from his bosom—I never lost sight of him.
LES THORP . I am a patrol. I was in Shoe-lane, going home—on hearing the cry of "Stop thief,"I turned and saw the prisoner running towards me—I took hold of him, and dragged this handkerchief from under his coat—he said, "For God's sake don't stop me."
Prisoner's Defence. I was passing the prosecutor's shop and saw the handkerchiefs lying on the step of the door—I went by two or three times before I liked to pick them up—but I did, and walked away with then, I got a little way and heard the cry of "Stop thief," and then ran.
GUILTY . * Aged 21.— Transported for Seven Years.
512. JOHN THORPE was indicted for feloniously forging, on the 7th of January, a request for the delivery of two gallons of lamp oil and 1lb. weight of wax candles, with intent to defraud Benjamin Robert Rose—2nd COUNT, for uttering the same with a like intent.
JAMES TRIM . I am shopman to Mr. Benjamin Robert Rose, of Cheap, side, an oilman. Key came to the warehouse on Saturday, the 7th of January, and produced this written order—(read.)" 14, Hanover-street, Jan. 7, 1837—Send by bearer two gallons of lamp-oil and two papers of wax candles, for Lord Mark Kerr, with the bill.
"JOSEPH THOMAS BENTOH."
In consequence of this I gave witness these things—I do not know Thomas Benton—I expected he was Lord Mark Kerr's footman or butler—the prisoner said he came from the footman.
WILLIAM KEY . I live at No. 06, Upper Seymour-street, Bryanstone square. I received this order from the prisoner—he directed me to go and get it—I went and delivered the order to James Trim—I took the oil and wax candles outside the door, and was stopped by the officer—I was to take them to the prisoner.
Prisoner. I told him he was to meet the footman at the public-how at the corner of Poland-street.
JOHN POYNTON . I am servant to Lord Mark Kerr, at No. 17, Henrietta-street, Cavendish-square. He has no servant of the name of Benton or Bolton—he has no servant whose writing this is—it is not Lord Mark Kerr's writing—it is not my business to get these things, but the house keeper's—no man in the house has any thing to do with it.
HENRY JEBBETT (City police-constable 1.) I was called in and took Key; and on the Saturday I went to East-street, Manchester-square, and found the prisoner—I asked if he had sent any person with a note or order into the City—he said, "No"—I said, "Do you know a person named Key?—recollect yourself; he knows you perfectly well"—he said, "I know Bill Keys; I gave him a note that was given me by a servant whom I was to meet at the public-house in Poland-street"—I said, "where is he?—I should like to see him?"—he said his name was Thomas—I went with him but could not find any such person—I then went to No. 14, Hanover-street, where the note is dated from, and where Lord Mark Ken formerly lived—I then took the prisoner into custody—I saw the prisoner write this paper in my presence, and the hand-writing corresponds exactly with the order.
Prisoner. The footman who sent me for the oil was dressed in a blue coattee—he gave me 2s. for my job—on the day in question I saw Key in Oxford-street, and asked him to go with the order—he said, "Yes"—I went back and saw the footman, and he gave me the note—I gave it to Key to fetch the things.
GUILTY of uttering. Aged 38.— Transported for Seven Yean.
ROBERT JOHNSON . I am shopman to Mr. George Everingham, of Leadenhall-street. About two or three o'clock, on the 10th of January, the two prisoners came in, and Brady asked to look at some loves—I showed them a pair, which they declined, on account of their not being lined—I went to another part of the shop for another pair—I then suspected and watched them—I saw Medhurst take a piece of silk handkerchiefs off the counter, and give it to the other, who immediately concealed it in his trowsers—I came back with a paper of French gloves and showed them—they selected one pair, and then left the shop—I followed them, and a policeman going by took them—they were brought back, and the handkerchiefs found on Brady's person—these are them—they are Mr. George Everingham's—they have the mark on them.
JAMES SOUNDY (City police-constable No. 53.) I was on duty in Leadenhall-street, opposite the shop, and saw the two prisoners come out—they had not got three yards before Mr. Johnson came out and gave them into custody—I took them back to the shop, and found this piece of handkerchiefs concealed en Brady—in the right-hand-side.
Brady. Another boy, bigger than Medhurst, gave them to me, and I put them into my breeches.
Medhurst. I can take my oath I did not take them—I went for a pair of gloves, and bought them. Witness. You took the handkerchiefs—I cannot be mistaken.
BRADY— GUILTY . * Aged 13.— Transported for Seven Years, MEDHURST— GUILTY . Aged 13.— Confined Four Months; One Week Solitary.
JOSEPH HILL . I am in the employ of Mr. Daniel Bax, of Fleet-street. On the 18th of January I had two bundles of umbrellas tied up inside the door, they were tied with a string to the door-post—I was attending a customer, and saw the string fall—I stepped to the door, and saw the prisoner, about ten yards off, running down Fleet-street with them on his shoulder—he was secured—these are them—they are worth about 3l.
Prisoner. I was coming down Fleet-street—there was a gentleman with them on his shoulder—they fell off—he kept running on—I took them up and ran after him.
GUILTY . Aged 14.— Confined Four Months; Four Weeks Solitary.
GEORGE SAYERS . I am a porter of Newgate-market, and am employed by Mr. George Cowper. He bought two pigs, and employed me to take them to his house in Newport-market on Saturday morning between seven and eight o'clock; I put them into my cart, to be sent up to his house—I then returned to the market—I went to the cart again, and the pigs were there—that was about three minutes after I put them in—I do not know the prisoner.
JAMES SAYERS . I live at No. 28, Rupert-street, Haymarket. I saw my brother's cart—the prisoner walked away from the tail-board with the pig on his shoulder—I called after him—he would not, or did not hear—I then went and asked him where he got that pig—he said some man gave it him to carry—I said I saw him take it from the cart, and told him to bring it back, which he did.
Prisoner. I was looking for work, and a man at the tail of the cart asked me to carry it to the market. Witness. He was going towards Cheapside—if he had gone up a court there, it would have been the way to the market.
GUILTY . Aged 28.— Confined Four Months; Four Weeks Solitary.
516. FELIX M'GUINNES . was indicted for stealing, on the 18th of August, 1 mule, price 30l.; 1 cart, value 3l.; 1 set of harness, value 2l.; 200lbs. weight of rags, value 12s.; and 1 bushel of bones, value 1s. 4d.; the goods of Louisa Jackson.—2nd COUNT. stating them to be the goods of Thomas Jackson.
LOUISA JACKSON . I live in Mill-lane, Deptford. My husband's name is Thomas—I am separated from him—I carry on the trade of a dealer in marine stores—I entrusted my cart, with the mule and set of harness, and the bones and rags, to Thomas Jackson, on the 18th of August, about eight o'clock in the morning—he is no relation whatever—he lodged with me for four months—I refused 30l. for the mule three days before this—I found the mule by advertising it, at Old Windsor just six weeks after—it was the same mule I had lost.
THOMAS JACKSON . I received a sovereign, and a mule, and cart from Louisa Jackson, on the 18th of August, to purchase rags, and iron copper, brass, bones, and any thing I could—I was to go about the country—I was in the Borough till about tea time, and then we had to go to a gentleman's house, where we were to be at two o'clock—we went to have a bait at the corner of George-yard, Whitechapel—the man that was working with me said, "Give me 6d.; I want to go to see a person I know"—he went away, and brought the prisoner up, and I said, "Come, jump, it is time for us to go home"—we went out to buy and sell, and if we bought any thing we had the profit and paid her for the mule and cart—Tom Jones was a partner with me in buying and selling—it was a little before four o'clock—the prisoner jumped into the cart, and took the reins out of Aylesbury's hands—I was stopping outside—I never thought that the prisoner was going to take it away,
having known him so long—he drove down George-yard with it, and we lost sight of it entirely—we went down the next street—I thought of meeting him, but did not see him any more—we saw Cotton, the policeman, and applied to him—I never saw the prisoner again till a fortnight ago yesterday—I then heard of his being in the watchhouse, and went there Saturday night, but they locked me up for fear I should go away—I went to Windsor after the mule—it was at a farm—that was the same mule I saw him drive away with—I have never found the cart and harness.
Prisoner. Did not I meet you at the Seven Stars, with your three comrades, and you said you would treat me to a pot of beer?—we went to George-yard, and sat there two or three hours, and got quite intoxicated—I came out; some of them said, "Jump up," and I drove away, and the next morning I left the cart in the street, and turned the mule into the field, and sent word to Mrs. Jackson where the mule was. Willness. He was not drunk—we had not more than three or four pots of beer among seven or eight of us—I dare say we were two hours there—it was a little after two o'clock when we went there, and a little before four o'clock when we came out.
HENRY COTTO . (police-constable H 60.) I live in Chapel-yard—I was on duty in Went worth-street—I saw the prisoner driving a mule, and asked whose it was—he said, "Cockney Tom's"—I let him go, sod then Jackson came and spoke to me—I told what I had seen.
JOHN WALKE . (police-constable R 182.) I was looking after the prisoner from the 18th of August till the 12th of January—I heard of his arrival in Whitechapel that day—I went up to him, touched him on the shoulder, and said, "You know what I want with you?”—he said, "Yes, for the mule and cart"—I said she was a poor woman", and How came he to take it away?—he said he was tipsy; and that the next morning he turned the mule into some gentleman's field, and left the cart there—he said the bones rags tumbled out of the cart.
Prisoner. If I had not been told to take it by some of the party, I should not have done it—I did not make away with it—I got sober is the morning I left it as I was afraid to return it.
GUILTY . Aged 25.— Transported for Seven Years.
517. CHARLES FREDERICK RADFOR . was indicted for stealing, on the 21st of January, 1 handkerchief, value 3s., the goods of John Gray, from his person; and that he had been before convicted of felony—to which he pleaded
GUILTY . Aged 22.— Transported for Seven Years.
JOSEPH FREDERICK COOKE . I live in High-street, Camden-town. On the 24th of December I bought two pigs of Deane and Hatton, in Rosestreet—when they were about to be taken away, I said to the scale-man, "Who has got my pigs?"—he said, "I don't know," and he brought the prisoner—I believe the prisoner said, "I am working for George"—I said, "In that case you may go on"—he had no orders from me to take them any where, but he said he was working for my porter George, meaning George Clements—I had paid for them to Messrs. Deane and Hatton.
Prisoner. I used to job about the market, and I was taking the pigs
down, and three men knocked me down, knocked my teeth out witness. I believe he used to work for Cooper, who has portered for me, but I never gave him orders to take the pigs down, and I have not received them.
ELIAS GURRIER . I am in the employ of Messrs. Deane and Hatton. The prisoner came and said he had been employed by Mr. Cooke, and he would take the pigs—Mr. Cooke was paying for them—I put them on the prisoner's shoulder, and Mr. Cooke said, "Who has got my pigs?"—I said "Surrey George's man," and Cooke said, "Call him back"—I called him—he said, "Who employed you?"—he said, "Surrey George"—he said, "I have given no orders, but I suppose it is right, go on"—he never made his appearance till he was taken on the Tuesday week following—he said before the Magistrate, that he had the pigs, but did not know what became of them—he said there were four in company, that the other party had the pigs, and they lived in West-street.
Prisoner's Defence. I went with the two pigs, and coming along I was knocked down by three men, I laid senseless on the ground for five minutes, I then went home.
(The prisoner received a good character.)
GUILTY . Aged 19.—Recommended to mercy.— Confined Six Month: Six Weeks Solitary.
OLD COURT.—Wednesday, February 1st, 1837.
Fourth Jury, before Mr. Sergeant Arabin.
SARAH SMETZER . I am the daughter of James Smetzer, who keeps a shoe-shop in Fore-street. On the 28th of January, about half-put to o'clock at night, I was in the back shop—I saw the prisoner walking about, opposite the shop—he then came in, put his hand inside the window, and asked the price of a pair of shoes—he then put them into his apron, and ran away—I could not see How many he took, but two pairs were found on him afterwards—I pursued him, and saw him stopped without losing sight of him.
JOSEPH TURNER . I am a watchman. The prisoner was given into my custody—I was taking him to the station-house—a woman met me, and said she had picked up a shoe—I let go of one hand to take it from her, and he got away, but was taken again without my losing sight of him.
(Property produced and sworn to.)
GUILTY . Aged 17.— Confined Six Months.
CHARLES DEAR . I am a bookseller, and live in New-street, Coventgarden. On the 5th of January, about five or six o'clock in the evening, I was serving in the shop, and observed the prisoner at the window, looking at the books—I turned my head, and observed him take two books—one he put under his arm, and the other he held in his hand, and looked at it—I was talking to a person in the shop, and he put the book he had in his hand, down, and said, "You observe I have put your book down"—he then went from my window at a hasty pace—I left the shop and pursued him 500 or 600 yards—he was exhausted with running—I came up with him, and he said, "Here is your book—I am a respectable man, let me go"—I said, "I shall not," and brought him back.
Cross-examined by MR. BODKIN. Q. It was under his arm then, I believe? A. He had it in his hand while he was running—I find he is a respectable man—it was not outside the window—the window was open—I thought he was labouring under the effect of liquor—there was something incoherent in his manner.
GUILTY . Aged 27.—Recommended to mercy.— Confined Three Days.
Before Mr. Justice Williams.
521. CHARLES WADHAM WYNDHAM ENRUDDOCK . was indicted , for that he, on the 22nd of December, in and upon Thomas Hardy, unlawfully, maliciously, and feloniously, did make an assault, and did cut and wound him, on his head, and forehead, with intent, 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, stating his intent to be to do him some grievous bodily harm.
MR. ADOLPHUS. conducted the Prosecution.
MR. THOMAS HARDY . I reside in York-place, Walworth. I am a surgeon, but have retired from practice—I am one of the Court of Examiners appointed by the Apothecaries' Company—I was present at an examination which took place at Apothecaries-hall, on Thursday the 22nd of December—the prisoner at the bar was one of the candidates for examination—his answers, (such as I heard) were very unsatisfactory—Mr. Este, Mr. Randall, and Mr. Tegart were there at the time I was, and part of the time, Mr. Ridout—the prisoner sat at the end of the table, and these gentlemen sat at the sides—it was not a round table—in reply to some questions asked him, the prisoner said, more than once, I think, but once, certainly—"How the devil can I answer, when I am badgered in this way?"—there was no ground for such an observation whatever—Mr. Este's manner during the examination was exceedingly kind and forbearing, and he endeavoured as far as was consistent (and I thought rather more than was consistent with his duty) to suggest the kind of answers the prisoner ought to have given—at the conclusion of the examination, or towards it, he said he never could answer questions, and when a boy at school he never could answer questions—I was about half an hour at the table—during that time I did not put one question—towards the end of the examination I said to Mr. Este, (seeing that the questions were put in such a manner that it was intended almost what the prisoner should say, and that even then he did not answer them) "If you will excuse the liberty I take, I wish you would put two or three plain questions to the candidate, and let him answer them himself,
and then we shall be able to form an opinion whether the gentleman possesses sufficient information, to justify the court in granting him his certificate—in pursuance of that suggestion, Mr. Este continued to examine him—and I offered no further observations—I do not think I remained at the table more than ten minutes after that observation—at the end of which time, I went into another room for the purpose of signing some certificates which were lying there for that purpose—I did not remain in that room five minutes—I returned again to the room in which the examination was going on—I did not sit down, but stood behind the chair in which the prisoners was sitting, for about two inutes—I believe I might possibly lean on it—I believe I did lean on it, but I did not touch the prisoner—I thought he was not aware of my being there, but he looked round immediately and saw me and I withdrew a step or so—I ceased to lean on the chair—when I entered the room in the first instance, before any thing happened, on going up to the table, I had observed what I considered a very extraordinary demeanor on the part of the prisoner—he was taking sarsaparilla which was lying before him, and chewing it with an air of more than indifference—indeed I may say of defiance—and he said more than once—"How the devil can I answer, when lam bad—gered in this way"—he was chewing pieces of sarsaparilla, throwing it from and taking other pieces up—I said to him—"In the many years I have been an examiner, Sir, I never saw a candidate conduct himself in the manner you are doing"—I said nothing else whatever—all this passed before I went into the other room to sign the certificates—after my return from that room, I heard Mr. Este tell the prisoner that he was not capable of passing his examination—that was, as near as I can recollect, about ten minutes after my return to the room—upon the prisoner being told that he could not pass his examination, he said, "I wish you would examine me in anatomy—I have studied that part of my profession—I like anatomy—I have lived in the dead-house"—Mr. Este bowed and remarked to him, that he could not continue the examination—another gentleman made another remark—the prisoner then observed, he was glad he did not depend on his profession entirely for his subsistence, but that he would not be disgraced by rejection, and further that he would rather swing for it—after uttering those words he got up, and stepped back about a couple of feet—I saw the motion of his hand with extreme rapidity—he said, "You were one of those "and I immediately felt myself severely struck on the left side of my forehead, on the frontal bone—this mark on my forehead is the remains of the blow—it did not make me lose my senses—the immediate effect was an excessive flow of blood—I felt my eyes filled with blood, and took hold of the table to support myself—I felt pain from the blow, and felt my face covered with blood—as soon as I recovered from the effect of the blow, I observed some gentlemen near me—I saw Dr. Merriman bleeding very profusely, and Mr. Este bleeding not so profusely—it was a fortnight before I could appear at Guildhall—but I was three weeks confined—I was first attended by Mr. Bacot, and next by Mr. Key, a surgeon of Guy's-hospital.
Cross-examined by MR. PHILLIPS. Q. Was not the request of the prisoner to be examined in anatomy, made respectfully to the examiner? A. Yes—there was plenty of room for me to pass without leaning on his chair—it was after I had used the expression about his chewing the sarsaparilla, that I leant over his chair—there was nothing to oblige me to go and lean over his chair—I chose to do so—it was not a matter of necessity—I have no recollection of saying before the Magistrate that I was obliged to pass close to his chair (looking at a paper) this is not my deposition, it is a copy of it—
I was obliged to pass his chair at a less distance than I am from you—I was obliged to pass close to it, hut not to touch it—I pasted close to his chair, and turned aside to lean on it, to hear the remainder of the examination.
Q. from his turning back to you in the manner you describe, did not you perceive that you annoyed him? A. I cannot say I perceived it—I have done it often before, and seen it done—I did not conclude that my observations annoyed him—I left suddenly on his turning round—I did not choose to lean any longer on his chair—I thought it better to fall back—I did not intend to annoy him, and did not suppose it would annoy him—he had not complained of being crowded—I considered his conduct in chewing the drugs as he did, a mark of great insolence, connected with hit air of defiance—I thought it was meant as insolence.
Q. You thought he purposely meant to insult the examiners who had his interest at stake in their hands? A. Yes—I admonished him on his conduct, and it was after that I leant over his chair—I heard no other gentleman admonish him—it was after this insolence that he respectfully asked to be examined in anatomy—he is a young man—I never saw him before the examination—he raised his hand with great rapidity—I saw a quick motion, and felt myself wounded immediately—I fancy I saw his hand, I saw a quick motion—I cannot say whether he had his glove on, his movement was so quick, I cannot recollect—I saw it hand move, that is all I do recollect—there it a small mark remaining on my forehead now—it was done six weeks ago.
MR. ADOLPHUS. Q. How did the chair the prisoner tat on, stand in reference to the room you came out of—could you come out of it without passing his chair? A. I could not—I did not say a word to him while leaning on his chair, or to any other personal—I considered I was doing him a kindness by what I had said before.
COURT. Q. What is the size of the examination room? A. It is a large room, not so large as this court—the examiners sit at a table—there are four tables, at each of which three examiners sit—they are placed the corners of the room to be as far from each other as conveniently may be—the prisoner was sitting nearest the door with his back to the door—he sat at the end of the table, and the examiners at the side next to him, each side of the table—I must have approached near him to have me to the other tables—I was intending to go to another table, but turned aside to hear the remainder of his examination—I need not have leant on his chair except I liked—I might have gone past the table without stopping, but my duty required that I should stop—I was not one of the three appointed to examine the prisoner—under ordinary circumnces there are three examiners at each of the four tables; when examination goes on in the regular way, and the candidate is found competent pass, the examiners do not leave their own tables, but if there is a doubt respecting the capability of the candidate to pass, one of the examiners at the table calls for examiners from the other tables, because the Act of Parliament requires a majority of the Court, seven, to decide on a rejection—I had been called in by one of my colleagues, Mr. Ridout, who was one of the three examiners of the prisoner, 1 presume, but I had been employed examining a candidate till the moment I was called in, and therefore had not seen the table—when I came I observed Mr. Ridout acting as examiner at the table, for a short time—he then went away, and returned to the table again—one of the three examiners takes on himself the whole, and when any one subject is finished, in chemistry, or
any other department, he asks his two colleagues if they wish to put any questions to the candidate, and it frequently happens, one of the other two examiners put questions—I heard Mr. Ridout put some questions, but it is possible he might, like myself, have been called from one of the other tables.
MR. ALFRED MAYOR RANDALL . I live in Finsbury-square, and am a surgeon—I am one of the Court of Examiners. I was at Apothecaries' Hall on the 22nd of December in the execution of my duty—on that occasion, in order to accommodate the number of pupils coming up, an extra table was put, making five tables in all—I was at the table part of the time while the prisoner was being examined—Mr. Este was the principal examiner—I am not clear who were the others, because I did not attend the table till late—Mr. Tegart was sitting at the table when I came—he arose and desired me to assist in the prisoner's examination—I heard questions put to the prisoner by Mr. Este respecting cubebs, which is a species of pepper—he first pointed to the article and asked him what it was—the prisoner not knowing, or apparently not knowing, (not answering, I should more correctly say,) Mr. Este said, "Don't you recollect it is a species of pepper?"—the prisoner said, "Oh yes, I know it very well"—that is a drug in common use—I should say a man was not fit to be an apothecary if he did not know it—Mr. Este then said, "Don't you know it is used in a specific mucous discharge?" wishing to bring it to his mind—he said, "Oh yes," but still did not name the article—Mr. Este then said, (the prisoner having told him he had attended St. George's,) "Have you not seen it used in the Lock hospital?"—"Oh yes," he said, but still did not name it—Mr. Este said, "Don't you recollect it is cubebs?"—he said, "Oh yes, I know it very well"—Mr. Este then asked him How it was to be used, not answering, I said to the prisoner, "The gentleman means, sir, what is the form of preparation you would use," explaining it that he might not be puzzled by the general question, How it is to be used—the prisoner immediately turned to me and said, "How the devil can I answer questions, if you are all badgering me in this kind of way?"—I should think there was nothing in our manner to deserve that term—our conduct was friendly and kind to him, I conceive—Mr. Este taking up the question, said, "Would you give it in the form of pills, powder, or mixture"—after a little hesitation, he said, he would give it in the form of essential oil dropped into a mixture—that is not the common mode of mixture—Mr. Este said, "Don't you know the general form of exhibiting is that of powder?"—he said, "Oh yes, I know that very well, I have often seen it given"—Mr. Este put no more questions on that subject, but pointed to some specimens of bark which were on the tray—after putting several questions, and getting no satisfactory answers, though rather assisting him to answer, I heard Mr. Hardy say, "Pardon me, sir, I think the better plan would be to put to the gentleman two or three simple questions, and let him answer them himself, then we shall be better able to judge whether it is our duty to grant him his certificate"—that was not said in the least offensively—Mr. Hardy very shortly afterwards left the table, and Mr. Este proceeded with some questions relative to the bark, and Mr. Ridout came to the table—I saw Mr. Hardy speak to him and he came—Mr. Este was pursuing some questions relative to intermittent fever, which the prisoner knew nothing about—he returned no satisfactory answers—Mr. Ridout then asked him some specific questions relative to the treatment of the cold stage of an intermittent, but no satisfactory answers
could be elicited, he simply stated—"I never can answer questions when I asked, I never could do so at school—though I knew every thing as well as any boy at school"—Mr. Ridout, in a kind manner, observed to him that the answers he gave there, were the only test they had of his quailfications to practise; and although they by no means wished to hurt any young man's feelings, they had an important duty to the public to perform—the prisoner immediately, in a hasty manner, said, "Oh, Sir, you have behaved very gentlemanly, I am sure, and so has that gentleman, "Pointing to Mr. Este—some few questions were put afterwards by Mr. Este, relative to doses of laudanum, but being about to terminate the examination, stating he was sorry, he was not fit to receive his certificate, the prisoner, addressing himself to Mr. Ridout, said, "Pray examine me in anatomy, I love anatomy, I have lived in the dead-house" (it is part of the duty of the Court to examine in anatomy,) Mr. Ridout replied, "That is a science which more decidedly comes under the province of the college of surgeons, and although we expect a gentleman to have sufficient knowledge of it to practise, yet, if he has ever such a knowledge of it, and is ignorant of materia medica, we could not grant his certificate"—the examination in materia medica always precedes the examination in anatomy—while Mr. Ridout was terminating his sentence, Mr. Este looked across the table to me and said, "Do you think it worth while to continue this examination, Sir," or something to that effect—I replied, "I certainly think not, espedallyss the gentleman himself says he cannot answer any questions"—Mr. Este then addressing himself to the prisoner said, "I am very sorry Sir, but I cannot consider it my duty to recommend you to the court to receive your certificate"—the prisoner then muttered something to himself and suddenly raising his voice, said, "Your certificate is of no consequence to me, in a pecuniary point of view; I am going abroad, and I have good resources, but do you think I am going to be disgraced before my family by such a set as you are—no, be d—d if I will be—I would die first—I would swing for it"—on saying this he rose from his chair, a little behind which was Mr. Hardy—Mr. Hardy had not interfered, or said one word during all this conversation—he had done nothing to annoy him in the least, but was behind his chair, when he started up, the prisoner then stepped back a few paces, put both his hands behind him as though they were in his back coat pocket, fixed his eyes on Mr. Hardy, and suddenly I saw his right arm raised above his head, and a severe blow inflicted on Mr. Hardy—expressing at the same time, "You are one of those that have been hard upon roe, or against me"—I could not see what he struck with—I instantly saw blood proceeding from Mr. Hardy—I saw Dr. Merriman attempt to secure the prisoner, when he received a blow which bled profusely—Mr. Este, in attempting to assist, also received a blow—I then got close to where the prisoner and those two or three gentlemen were, and saw Mr. Tegart with this instrument in his hand—I did not see whether Mr. Tegart got it from him or not—he said in the hearing of the prisoner, "I have just taken that out of the gentleman's hand"—seeing the prisoner was secured, I then sent out for a policeman—I did not examine Mr. Hardy's wound—I took no further notice of it—I merely requested somebody to bring him some water—there was a very considerable flow of blood from him, over his clothes and over mine.
Cross-examined by MR. BODKIN. Q. Were you one of the three examiners at that table? A. I was not—nor was Mr. Hardy—I took a seat at the table about twenty or twenty-five minutes before the termination of the
examination—I was requested by Mr. Tegart to take his seat—he was going away, having satisfied himself—that was after Mr. Hardy had come to the table—he had not left it, but he had been there before I came—I have heard today that the prisoner had passed his examination at the College of Surgeons, but I did not know it then—during the period I was at the table Mr. Hardy did not say a single word to the prisoner—I have mentioned what he said to Mr. Este—I did not hear him say of all the examinations he had ever seen he never saw a candidate conduct himself so improperly—I don't know how long he was there before me—Mr. Ecu had put a question to the prisoner just before he made use of the term badgering, which he did not answer—I merely interposed an explicative of the same question—I stood some time to see whether he would answer Mr. Este's question, and then I put the explicative—it was then that the prisoner said it was impossible to answer if so badgered—Mr. Hardy was behind the prisoner's chair when he arose—he was perhaps a little at the side—he was not leaning on it then—he had got off a little before the prisoner got up.
Q. Have you at any time said, that at the time the prisoner arose Mr. Hardy was leaning on his chair? A. Not to my knowledge; I would not undertake to say he was not, but I firmly believe it—my impression is that Mr. Hardy had raised himself from the chair a minute or two before the prisoner rose—the transaction was done with extreme rapidity—a few seconds intervened between the rising and the blow; but when it was done it was with great rapidity—the blow appeared to me to be given with considerable force—I was three or four yards from him when the blow was struck—I think I had sufficient opportunity of seeing what took place—I think the blow was given with as much force as the prisoner could possibly give it—it appeared to me so—I saw Dr. Merriman rush forward, and he received a blow in endeavouring to seize the prisoner.
MR. ADOLPHUS. Q. Can you tell whether you used the verb in one tense or another, that he was, or had been leaning on the chair? A. My impression was it was a thing that had past, that he had risen—the majority of the Court must concur to reject a candidate—it is absolutely necessary that more than three examiners should see the examination go on—if a man is expected to pass with extraordinary honour, two or three come to the table to testify to his credit—when there is any difficulty about his passing, seven at least must always concur in his being rejected—it was with that view myself and Mr. Hardy came to the table.
MR. EDWARD TEGART . I am an apothecary residing in Pall-mall, and am a member of the Court of Examiners. On Thursday, the 22nd of December, I was in the examination room at Apothecaries' Hall between eight and nine o'clock—my duty took me there at five o'clock, when the examination commences—the prisoner came into the examination room, I should think a little before eight o'clock, and was examined by Mr. Este—I was at the table at which he was examined—I heard the prisoner say, in answer to a question by Mr. Este, "I know it very well, but I can't answer it"—I replied that the only means we had of judging of the qualifications of gentlemen presenting themselves for certificates, were the answers they gave—the prisoner made no reply—I heard him say in the course of the examination that he did not look at the examination at Apothecaries' Hall as the test of any gentleman's qualifications—I did not hear him answer any question satisfactorily—I was at the table towards the conclusion of his examination, with Mr. Este, Mr. Ridout, and Mr. Randall—Mr. Hardy was then behind the
prisoner's chair—the result of the prisoner's examination was unsatisjartory—he used the words which have been repeated by Mr. Randall in reference to being examined in anatomy—at the close of the examination he pot up, pushed his chair a few paces back in retiring, and stepped back himself—I saw him put his hands into his coat pocket and take out the weapon which has been exhibited—at the time he was taking it out of his pocket he said to Mr. Hardy, and looking at him, "You are one of those who are hard upon me," or words to that effect—I then saw him raise his hand and give the blow to Mr. Hardy—I saw Mr. Hardy shrink, 'or sink other, and then saw Dr. Merriman rush towards the prisoner and attempt to lay hold of his right hand—he then changed the weapon from his right hand to his left—I ran towards him and seized his left hand, receiving a blow myself—he struck me—on his being secured, I heard him say to Mr. Este, who had been likewise struck, "I am sorry, sir, I beg your pardon for having struck you, I did not intend it; I shall never forgive myself during the remainder of my life."
COURT. Q. Is this what is called a life-preserver? A. I do not know what name is given to them—I have seen them in shop-windows.
MR. PHILLIPS. Q. Are not medical students very liable to be late at the hospital; sometimes till ten or twelve o'clock at night? A. That may be so.
MR. THOMAS LOWE WHEELER . I was present at the prisoner's examination, and saw him make a rush—I saw his hand raised, and heard the sound of a violent blow—I did not see what it was struck with at first—I saw the prisoner's hand raised, and immediately rushed forward about a distance of three, or possibly four yards, and laid hold of his left hand—Dr. Merriman having hold of his right—I observed he had this weapon in his left hand, which Mr. Tegart removed while I had hold of him—he made an apology to Mr. Este, and said he was exceedingly sorry for having struck him, he should never forgive himself; and, directing his voice in continuance towards Mr. Randall, he said, "It was for you, Sir, I intended it."
MR. JOHN BACOT . I am a surgeon, and live in Portugal-street, Grosvenor-square. I am chairman of the Court of Examiners—I was there, and was called on to examine Mr. Hardy as soon as the wound was inflicted—he was bleeding from a severe contused wound on the left side of the forehead—he was bleeding copiously, and supporting himself with his hand on the table—he appeared in pain, and rather faintish—I saw him every following day, till his appearance before the Magistrate, (except on Sunday which was Christmas-day,) the wound itself was not serious, for it had not affected the bone, but its consequences were very much to be apprehended—on the following Monday Mr. Key was called in to assist.
COURT. Q. Was the wound deep? A. It was down to the bone, but not affecting it—the bone there is very near the skin—it was through the integuments—it had not far to go—it was a simple contused wound—it certainly was not a cut—it was a contused wound, the edges being jagged—it could not be called a cut.
MR. GEORGE SOUTHAM . I reside in Robert-street, Hampstead-road. On Thursday, the 22nd of December, I was a candidate for examination at Apothecaries—hall, and saw the prisoner taken out in custody—while he was on the stairs in the custody of two policemen, he said he was glad for what he had done, or he would do it again—I cannot exactly recollect the terms, and do not recollect which—I believe I had made some remark as to the folly of what he had done.
MR. JOHN BACOT re-examined. I examined the wound minutely—I apprehend the knuckle of a man's first would not produce such a wound, so exactly confined and circumscribed to a point—it is such a wound as I have seen a hundred times inflicted by a spent ball.
(Several witnesses deposed to the prisoner's good character.)
NOT GUILTY .
Before Mr. Justice Coleridge,
522. THOMAS JONES was indicted for a robbery on William Woods, on the 21st of January, putting him in fear, and taking from his person, and against his will, 3 keys, value 1s. 6d.; 1 pen-knife, value 6d.; 1 purse, value 6d.; 1 half-crown, 2 shillings, and 2 sixpences; his goods and monies MR. PHILLIPS conducted the Prosecution.
REV. WILLIAM WOODS . I am a Roman Catholic Clergyman, and live in Finsbury-circus. On Saturday morning, the 21st of January, between twelve and one o'clock, I was returning home from Islington, where I had been to see a sick person—Short-street, Moorfields, is near my residence—just as I stepped from the curb-stone there, I received a blow behind, which brought me to the ground, and stunned me—when I recovered a little, I called "Watch," and a person came to me—I do not remember whether he lifted me from the ground—I was quite stupified by the blow—before I was knocked down I had a green silk purse with two or three sixpence in it—I had four or five shillings loose in my pocket, and there was a key in the purse—two keys in my pocket, and a penny—I do not know who gave me the blow—I do not know whether I was struck more than once, and that was from behind—I have no recollection of being knocked down by any body coming in front of me—I was so stupified by the first blow I do not recoiled any thing—I think it possible I might have risen from the ground, and been knocked down again by a person coming against me, without my knowing it.
Cross-examined by MR. CLARKSON? Q. Do you suppose you could have stood on your legs after falling, and then be knocked down again in a state of insensibility? A. I think it is possible, without being conscious of it—by a kind of instinct as I should call it. COURT. Q. But if you got up instinctively, and began to walk, do you think you could have been knocked down again, and not have been aware of it? A. I think I might.
WILLIAM BRAND . I am a watchman. On the Saturday morning heard the cry of "Watch," when I was in Moorfields and went towards Short-street—I saw the prisoner come towards me, and return to Mr. Woods, knock him down and run away—I should not think there was time for him to have taken any thing from Mr. Woods' pocket at that time—it was a momentary thing—I followed him till he was stopped by Marshall, who I told to secure him—I said nothing to him.
Cross-examined. Q. The cry of watch was the first you heard? A It was—when I got to Short-street, I saw Mr. Woods standing on the lefthand side of Short-street, coming from, Moorfields into Finsbury pavement—I do not know which way he came from, nor which way he was going—he was not standing still, certainly, he was moving about—I saw his arms or cloak move—he was standing by himself, unsupported—observed him in that way about half a second I should think—I was running all the way till the prisoner was caught.
in the morning I beard the cry of "Stop thief"—I immediately proproceeded from my beat in London-wall, towards Coleman-street, and saw the prisoner running—he pasted a watchman who tried to secure him—I immediately stopped into the middle of the road, held out my arms, and caught him—he dropped a shilling as I was taking him to the watch-house—I said, "Whose shilling is this?"—he said it was his.
BENJAMIN WELSH . I am a lamplighter. On the Saturday morning in question I picked up two keys and a penknife, in Fore-street, between Coleman-street and Moorgate, in the kennel, just off the curb, about sixty yards from Short-street.
Rev. WILLIAM WOODS re-examined. These keys are mine—I had them in my pocket before I was knocked down, and the penknife—I had been in Fore-street about four o'clock that day.
MR. CLARISON. Q. Were you perfectly sober? A. Perfectly so—I had been dining out with a friend.
COURT. Q. You called out "Watch" the first tine you were knocked down? A. I did—I imagine that the watchman came very promptly to my assistance—I mean soon—I have no means of telling that, only from tat faint recollection I have of it—I remember a man coining up to me—it was not Brand.
WILLIAM BRAND re-examined. When I heard the call of "Watch" I ran towards the spot, but did not speak to Mr. Woods—I followed the prisoner—I am certain I saw the prisoner knock him down with his fist.
NOT GUILTY .
Third Jury, before Mr. Common Sergeant.
523. ANN RYDER, THOMAS WHITE, JOHN WHITE , and WILLIAM POWELL were indicted for stealing, on the 21st of January, 4 handkerchiefs, value 3s. 6d.; 1 nightcap, value 5l.; 2 pairs of stockings, value 3s.; 1 pair of braces, value 6d.; 1 bag, value 1d.; 1 crown, and 3 shillings; the goods and monies of Charles King; and that Ryder bad been before convicted of felony.
CHARLES KING . I live at Ealing, near Hayes, in Middlesex. On the night of the 21st of January I saw the two Whites and Powell at the Jolly Horse public-house—about twelve o'clock I saw Ryder and went home with her—when we went into the house she fastened the door—I put the articles stated into my pocket, which I laid in the chair, and stripped and got into bed—I expected her to follow, she did not, but she got up in five minutes and opened the door, and the three male prisoners came in—I am sure of them—two of them put their hands over my mouth and tried to stop my breath—I cannot say which two it was—Ryder was in the room at the time, and she cried, I do not know for what—she had opened the door to them—they hallooed and rapped at the door first—I got away from them and saw John White routing my pockets—I had several blows in the room—as soon as I could get my clothes on, I tried to get out—they did not stop me from getting my clothes on, but I had several hits while put-log them on—they let me put them on, and then shoved me out of doors—when I got out I found I had lost four handkerchiefs, a nightcap, two pairs of stockings, a pair of trowsers, a bag, a crown, and three shillings—was struck, but I cannot say by whom—after I came out I went back to the room and asked them for a small parcel, and they all three came out and fell upon me and struck me violently—I had two black eyes—I slipped by them and ran away—I am certain of the three men.
Ryder. When you came to my house you were quite tipsy, you had part of three half-pints of gin and half a pint of rum. Witness. I was not tipsy—I did not say I would turn you out of doors, nor break your things.
John White. He was out of doors grumbling—I asked what was the matter, and he knocked me down, and then we had three rounds. Witness. We had not—I had no chance—they all pitched into me together.
GEORGE HITCHING . I am a watchman. On this Saturday evening, between twelve and one o'clock, the prosecutor came to me representing that he was robbed—about that time Powell came up—I asked the prosecutor if he was one—he said he was—I took him into custody, and he said if I would allow him to speak to the prosecutor he would tell the b——fool where his parcels were; but instead of telling him, he shoved the watch-box door back and made his escape—I called King, and we got the constable—we went to White's and took them both into custody, and afterwards retook Powell.
Powell. I was going home, and he said, "I dare say that is one of them"—he is my uncle, and he is always taking me to the cage if there is a row—when I came up, the prosecutor said, "Is not this one of them?"—he said, "I will take him"—I said, "Don't put me in here, uncle: you can take me in the morning"—he said, "That won't do for me," and I ran home and went to bed. Witness. I am his uncle—I found him at home—I am certain he said he would tell where the bundles were.
JOHN BIRCH . I am a constable. I was called, and went to Ryder's house—I found a padlock outside the door—I then went to White's house and apprehended them—the prosecutor identified them, in bed with another man—I went from there to Powell's house and found him in bed—King identitifed him directly he saw him—Powell wished to speak a few words to him and he said, "This man has not been robbed at all; if you will go to Ryder's, there are the things as he left them"—I said, "I can't get in; there is a padlock outside the door"—he said, "Go to White's, you will find the key there"—he said he heard a screaming in the house, and went to the girl's assistance, and that the prosecutor said he would set fire to set house—I went to Ryder's and found the padlock off, and the door fastened inside—White's mother was there—I said I had come for the man's clothes—Ryder said he had brought nothing into the house—I said I must go up stairs—she said, "You need not go up stairs; the man did not go up stairs"—I went, and on the stairs found the braces, which the prosecutor claims—we went back to White's, but found nothing. (Property produced and sworn to.)
Ryder. He never brought any bundle into my house, but the braces which were on the stairs—he gave me 3s. to stop the night—he said it was all the money he had.
James White's Defence. I never saw the man's things—when I went up the yard he was coming out of the door.
RYDER— GUILTY . Aged 18.
JOHN WHITE— GUILTY . Aged 18.
THOMAS WHITE— GUILTY . Aged 24.
POWELL— GUILTY . Aged 21.)
Transported for seven years.
NEW COURT.—Wednesday, February 1st, 1837.
Fifth Jury, before Mr. Recorder.
GUILTY . Aged 19.— Transported for Seven Years.
GUILTY . Aged 30.— Confined One Month.
GUILTY . Aged 22.— Transported for Seven Years.
NOT GUILTY .
JOHN PRATT . I lodge at the Green Man, Beaufort-row, Chelsea, and am a printer. I carry on business at Mr. Williams's, Beaufort-place—I employed the prisoner to assist me in printing handkerchiefs for about three months—she was not a domestic servant—she had 4s. a week, which she used to take home to her mother—on the 21st of January Mr. Williams paid me a £10 Bank of England note and five half-sovereigns—I took and doubled up the five half-sovereigns in the note, and placed them in my hat, in the window, at the head of the table where I work, at Mr. Williama's—I was paid by piecework—I put my handkerchief over the money—the prisoner was present at that time—I had to go up stairs, and was absent six minutes at the furthest—on my return I inquired for Elizabeth Wagner—she was not there, but I found my hat moved from the window and placed under the window, and all the money gone—I had left three men there at work, besides five or six girls—none of them are here—I went after the prisoner to her mother's—I met her in Tothill-street, between two and three hours after, with a bundle—the constable who was with me took her into the first public-house, and asked if she had any money—she said she had nothing—she was searched in my presence, and a £10 note and a sixpence were found on her—when the note was found I did not ask her whether she had any more money—I believe this is my mark to this deposition—she had a pair of new shoes on, a pair of clogs, and a pair of stockings—I had noticed the number of the note—it was No. 1345—I am sure of it—I made no promise or threat to induce her to tell me any thing—she told me she had only got the £10 note and the sixpence; that the other money she had lost—she said she took the money out of the hat—she had worked there before I went there, and I took her as being handy.
—we found the prisoner in Tothill-street standing at a shop door—it appeared by the woman inside that she had been bargaining for a cloak—I went up and asked her if she had any money in her possession—she said she had not any whatever—I took her into a public-house and found on her a £10 note and one sixpence—I asked if she had any more money—she said she had not, she had lost the remainder of it—she had a pair of boots on, a pair of clogs, and a pair of stockings, all new—I asked where she bought them, she said at two different shops in the King's-road—I was present the whole time—I did not hear her say that she took the money out of the hat.
EDWARD COWLING WILLIAMS .—I live in Beaufort-place, Chelsea, and am a silk-printer. On the 21st of January I paid the prosecutor a £10 note, and five half-sovereigns—I do not know the number of the note, but I know it by the name of a relative of mine written on it—this is the note—the prisoner has been in my employ eighteen months—with one little exception, I never knew any thing wrong—she has been very badly off not having full employment—the trade is precarious, and unless they get something else to do, they are without the means of living.
Prisoner. I was tempted to take the money.
GUILTY . Aged 15. Recommended to mercy by the Jury. Judgment Respited .
EMANUEL CHOICE . I am employed in the shop of Mr. Peter Broad, in Tavistock-street, Covent Garden—he is an oil and colourman—he has a shop in King-street, Seven Dials. On Tuesday, the 3rd of January, I saw the prisoner there at half-past eight o'clock—he ordered a quarter of a cwt. of yellow soap, and 14lbs. of pearlash—he said he would call again by and by—he called at a quarter-past eleven o'clock, and I was sent with him,—he said he would return with me with the money and pay the shopman—he did not say where the goods were to be sent to, but they were for a person in Holborn—at the prisoner's desire I carried them—I believe there was a bill made out and given to the prisoner—16s. 6d. was to be brought back—I went with him as far as Gray's-inn-lane, and he went down some court into a little low public house—he wished me to go in, I refused—I told him I should go back with the goods—he told me to stop there while he went to the top of the court—he joined me again at the top of the court, and went into Holborn till he came to the corner of Red Lion Street—he told me he had sold the goods there, and took the basket from me—he went in and told me to wait outside—he came out in about five minutes and brought back the pearl ash and basket, and told me they were too busy now to pay attention to him, they wanted more things—I asked him if he had got the money, he said, "Yes"—he went back to the shop with me, and told the shopman he had not got the money and they wanted more things—it was bees' wax, I think, and a quarter of a cwt. of pumice stone—I saw him the next day in Middle-row and asked him where the soap was, he said, he was going to call at eleven o'clock to pay—I took him back to the shop and fetched my master, and he was given into custody.
Prisoner. Q. Where did we first go with the goods? A. I don't know the name of the street—you went to a chandler's shop—you said it was bad soap.
Prisoner. I got the order from a shop in Dean-street; they would not have it, and sent me to another shop; they would not have it
—I went to some public and private houses, they would not have it; I came again into Holborn, and went to a gentleman named Clarkson, and left it to see if it might suit him—I came out—I was very unwell, and saw a man, he said, "If you will give me a few halfpence I will carry it."I had been with this lad the day before—here is the invoice.
Witness. I had been with him the day before—he had had some goods and paid for them—this invoice was made out at my master's—it is a bill of the transaction of January the 3rd—I know it is the shopman's handwriting—they did not let him have any thing else when he came back without the money—these things I believe were ordered to be got ready, and he did not have them—when he came back he ordered more goods—I cannot say whether they were all put on one bill.
WLLIAM CLARKSON . I am a grocer, and live in High Holborn, at the corner of Red Lion-street. I know the prisoner as a customer—I recollect his being in my shop on Tuesday, the 3rd of January, about one o'clock—I think he had quarter of a cwt. of yellow soap—he said nothing—I was busy—he handed me a paper, and asked the loan of 1s. 6d. to pay a porter—I gave him the money to get rid of him, and put the paper into the till—I never bought nor ordered any thing of him—he went out, and left the soap on the counter—he came back in about an hour, and wanted the soap—I said, "Are you going to leave me the 1s. 6d.?"—he said, "I have left the soap on the counter"—he had left two bars on the counter—I said, "This won't do, I must have the money; but he went out, leaving the soap; (but before he wanted me to buy it;) he took all the soap except two bars—he said he should call in about an hour, and went out directly.
Prisoner. I brought it to his shop expecting to sell it him—he was very busy—I wrote a little bit of a note to him, and requested the loan of 1s. 6d. Witness. I never got paid, and he left these pieces of soap behind, which I suppose was about a quarter of what he had with him—I heard no more of him till he was in custody.
EDMUND CHOICE . This is part of the soap—he met the man he called a porter in Holborn—he went along with him—he wanted to carry the basket, and the man wanted to curry it, but I would not lose sight of the goods.
Prisoner. I never saw the man before in my life—it was a poor man that came up to me—he offered to carry it for a trifle—I had given four small orders for goods, two were executed to the different places, and on my return I settled, which my invoices will show—this third invoice was delivered, but the quality of the article would not suit—I called on my old customers and tried to make sales of the articles, and on my return home I called on Mr. Clarkson and introduced the same article, which was 281bs. of soap of inferior quality, and borrowed 1s. 6d. on it till I called again. as he was engaged—I called again, and he would not purchase it—I took it away leaving two bars as security for the 1s. 6d.—there was 141bs. of pearlash which I brought back and returned to the prosecutor, but on account of so much trouble, I took it into consideration to wait till the next morning—I then commenced going about settling for that soap—I met the prosecutor's young man, who said he had got orders to take me; I said I would call at eleven o'clock and have it settled—I returned with the boy and they brought me to Bow-street.
WM. CLARKSON . The prisoner has bought trifling goods of me, but nothing for the last six monthsc—he has at times called in and left a small parcel, not for approval, but desired me to take care of it till he came again, perhaps he has called again in half an hour, or perhaps in a day or two.
GUILTY . Aged 54.— Confined Three Months.
GUILTY . Aged 17.— Confined Three Months; Fourteen Days Solitary.
JOHN JUTTING . I am a hatter, and lodge in James-street, Oxford-street On the afternoon of the 18th of January I was walking in New Burlington-street, and the prisoner trod on my left heel, I turned round immediately—he said, "I beg your pardon, Sir"—I put my hand into my pocket and missed my handkerchief—I said, "Give me my handkerchief"—he but-toned up his coat and ran down the street, down Burlington-mews—I ran after him, and ran him into the arms of the officer, who took him with the handkerchief in his possession.
Prisoner. Q. Did I go to any mews? A. I believe it is called a mews—I had only lost sight of him for a second, while he turned.
JOHN WILLS (police-constable C 185.) I was in Cork-street on the 18th, and heard an alarm—I crossed the way and secured the prisoner—he was running at the head of the people—I took the handkerchief from his left hand, it was screwed up between the thumb and forefinger. (Property produced and sworn to.)
Prisoner. I was going through New Burlington-street—there were two lads following him, and there not being sufficient room, I trod on him heel—he turned, I begged his pardon—he immediately ran, and I ran also—I picked up this, and gave it to the man.
GUILTY . Aged 27.— Transported for Seven years.
532. MICHAEL LALLEY was indicted for stealing, on the 17th of January, 1 tobacco-box, value 4d.; 1 half-crown, 5 shillings, and I was pence, the goods and monies of James Callaghan, from his person; and that he had been before convicted of felony.
JAMES CALLAGHAN . I am a labourer, and lodge in Silver-street, Golden-square. On the 17th of January, about 10 o'clock in the morning, I went into the tap-room of the Cock public-house, New-street, St. James's—I called for a pint of beer—I cannot say whether the prisoner was acting as waiter there—I saw him waiting at table—he put his hand into my pocket and took 8s., and a tobacco-box out—I felt his hand in my pocket—I slipped my hand on the outside, and his hand was in my pocket—I was sitting down and he was standing up behind—when he took his hand out of my pocket, he reached his arm out to his companions on the other side of the tap-room, and I think they relieved him of the money—I lost half-a-crown, five shillings, and one sixpence, and a tobacco-box—I did not lose any halfpence, they were in the other pocket—I was sober—I went out to look for a constable—I was away about six minutes, and I was
thinking he might change his mind, and give me the money back again, but he was gone out of the room—I am quite sure I had the money in my pocket, and I was quite sober—I had my elbow on the table, and he called for a cloth to wipe the table, and so he put his hand into my pocket—I did not see that it wanted wiping—he got a cloth somewhere and began to wipe the table—I did not seize him as there were five or six thieves there, and there were knives and forks on the table, I thought they might run me through if I seized him—I asked him for my money, and they began to chaff me and bounce me out of it—one said, "You lost 2s." another said, "You lost 2s. 6d.," another said, "You lost 2s. 9d."—I had been up all night at a wake—I was to go to work early in the morning—I was not going to sleep when I had my elbow on the table—I had not drank much at the wake—we had two pots of beer among five or six—I did not take much there—I do not think I had been into more than that one public-house—they would not allow me to stop all night—the wake was held in Green's court, St. James's, at a private house—it began at eleven o'clock at night, and I dare say it was four in the morning before it closed—we could not get any thing to drink till the houses were opened, at four or five o'clock in the morning—I was walking about the street to wait for the foreman, and the men told me he had gone into this house—the man I went to see, was in the parlour—I did not like to go after him there.
WILLIAM SULLIVAN (police-constable E 120.) I took the prisoner at the Cock, in New Street, which is the most noted house in the parish for the reception of thieves—I told him it was for picking the prosecutor's pocket of 8s. and a tobacco-box—he said he was not the person who took it—that the prosecutor was drunk at the time, and he did not know what he was about—I searched him, and found nothing on him—the prosecutor was sober when he spoke to me, which was the day after.
JAMES CALLAGHAN re-examined. I went to look after a policeman—I could not see one in the street—between my going out and coming in he was gone out of the tap-room—when I came back the second time he was gone—I did not go very far, not out of the street—I did not like to lose sight of the door, as I thought he might run away—I would have charged him if I had seen any policeman about—there was a man went in with me, and had a drop of beer, and he went out again.
Prisoner's Defence. I was sent for to assist in the house—this man and another came and had a pint of beer—the child being very ill, the landlord sent me to the doctor's for some leeches, and when I came back this man was gone—he came in with his face blacked, and asked me to give him the cloth to wipe it.
SAMUEL NEWINGTON (police-constable C 47.) I produce a certificate of the prisoner's former conviction of felony, which 1 got from Mr. Clark's office (read)—the prisoner is the man. (John Kentley, a French-polisher, of Chapel-street, Curtain-road, gave the prisoner a good character.)
GUILTY . Aged 18.—Recommended to mercy by the Prosecutor; Transported for Seven Years.
On the 19th of January I received directions to search the prisoner who was a labourer in the tobacco warehouse—I found this piece of tobacco between the lining and crown of his hat; and in the collar of his coat was 1lb. 8oz.—it had not paid the duty—the duty on a pound is 3s.—he said it was damaged, and it was the first time he had taken any—there was to-bacco of the same description in the warehouse—the warehouse-keeper pronounced it to be good tobacco.
GEORGE MULLER . I am foreman of the tobaoco warehouse. The prisoner was a labourer—there was a quantity of tobacco open there—this is the same sort as what was there—we had been resampling the tobacco—the prisoner had been there about a year and half—he had 14s. a week on short days and 15s. on long days.
Prisoner's Defence. I fell in with some tobacco, which I took to be damaged, and I thought there was no harm in taking some. This is my first offence, my wife has been very ill for some time.
GUILTY . Aged 28.—Recommended to mercy by the Jury.— Confined Three Months.
Fifth Jury, before Mr. Sergeant Arabin.
JOSEPH SMITH . I live in John-street, Edgeware-road, with Benjamin Smith, my father. On Monday, the 16th of January, about twenty minutes past one o'clock, I saw the fowls at our door when I went out for beer—I went to the corner of Newman-street, and saw Larkin with the fowl under his arm—Pidgeon and him ran away—I told my father, and we pursued after them and took them in Porchester-street—Pidgeon said it was not him that took it, it was the other, and it was in the basket—Pidgeon had a basket in his hand then, but not when I saw them standing at our door—the fowl was struggling in the basket—it had its neck wrung and cut.
Larkin's Defence. It was not me that took it—I met him coming along with it. Witness. I saw you take it with your left hand, and put it under your arm.
(The prisoners received a good character.)
LARKIN.— GUILTY . Aged 15.
PIDGEON.— GUILTY . Aged 12.
Whipped, and Discharged.
EDWARD CAHAN . I am a tailor, and live in Little King-street, Holborn. I saw this piece of cloth safe at a quarter before four o'clock on Wednesday, the 11th of January, hanging inside the shop door—I missed it in two or three minutes—I went out immediately, as a man told me I was robbed—I am sure it was the prisoner, but I lost sight of him when I came to Great Queen-street, and he got away—in an hour and a half I went to a pawnbroker's, and found him there with the cloth—he had been to several pawnbrokers—I saw he was frightened—I asked him what he had brought in, and took his hand—he could not speak—I asked the pawnbroker what he had brought—he said, "A piece of cloth"—I sent for a policeman and he begged to be forgiven—this is my cloth.
January, about five o'clock in the afternoon, the prisoner offered this cloth to pledge—I asked who it belonged to—he said his father—while we were questioning him, the prosecutor came and claimed it.
Prisoner's Defence. I was going down Drury-lane, a man said, "Pawn this for me, I will give you 6d."—I went in to pawn it, and this gentleman came in and said it was his—I was not near Queen-street the whole day.
GUILTY . Aged 16.— Transported for Seven Years.
SAMUEL KING . I keep a green-grocer's shop in John's-row, St. Luke's. About half-past five o'clock on the 16th of January, I saw the prisoner look into the shop twice, and the third time he reached and took the pork off the board, and ran away—I ran out, and called, "Stop thief," and the officer stopped him in my presence—the pork was dropped in the street—I was in the room at the back of the shop.
ROBERT METCALF . On the 16th of January, about half-past five o'clock, I was standing outside my door, and saw the prisoner running towards me—I stopped him—the prosecutor came up at the same time, and said, "This man has stolen a leg of pork"—the policeman came up and took him.
Prisoner. He ran out of the shop, and the way he got a knowledge of me is that I do not live far from him—he would say any body stole it.
(The prisoner received a good character.)
GUILTY . Aged 24.— Confined Six Weeks.
JOSEPH SYMES . I live with Robert Walkington and another, cheesemongers, High-street, St. Giles's. The prisoner came in with another person on the 12th of January—we saw something move in the window, and the clerk asked me if there were not some cushions of bacon in the window—I said, "Yes"—the prisoner went out of the shop—I missed this cushion of bacon as soon as she went out and I pursued—she had got about a hundred yards—I took her by the arm, and asked if she was not in the shop with another woman—she said she was, but that woman was nothing to her—she had no bacon—we let her go, and then the policeman came with this bacon, he went and stopped the prisoner.
JOSEPH CLEMENTS . I am a policeman. A shopman gave me this bacon, and said there had been a woman stopped—I went to the shop and then took the prisoner—she said nothing then—but on taking her to the office next morning, she asked me what they would do with her—I said I did not know—she said "I did take it, I wish it had been better, and I hope they will send me out of the country; for if they don't I will keep on till they do."
GUILTY . Aged 34.— Transported for Seven Years.
JAMES COCKLIN . On the 9th of January I saw the prisoner by the shop of Mr. George Green, in Shoreditch—he went to the side of the door, took a pair of boots, and ran away—I pursued him, I lost sight of him once, but caught sight of him again with the boots in his possession—he threw them down—I took them up, pursued and took him.
GUILTY . Aged 12.— Confined Six Weeks; Fourteen Days Solitary.
539. ELIZA ROBINS was indicted for stealing, on the 28th of November, 2 rings, value 12s.; 1 brooch, value 5s.; 2 ear-ring drops, value 5s.; 1 ear-ring, value 1s.; 1 piece of cornelian, value 1s.; 1 necklace, value 4d.; and 1 piece of copper coin called a twopence; the goods and monies of John Samuel Hittinger.
I am the wife of John Samuel Hittinger. We keep wine vaults in the Broadway, Westminster—the prisoner lived with me seven months, to nurse the children—I only had her for a time—I paid her weekly, and boarded her—I kept this property in a drawer, in my own bed-room, in a box, which was always locked—I gave her my keys to give to her master, when I was going out; and when I came back she said she had not given them to her master, as he was busy—this key was on the bunch with others; and that it when I think she took the things—she left me on the 29th of November—I missed the property on the 7th of December—this ring and necklace were brought to rat by a witness—they are mine—the prisoner's brother brought her to me with Mrs. Plumbley—the prisoner denied taking them; and desired Mrs. Plumbley to go and fetch them to me—I accused Mrs. Plumbley of encouraging her; and she said all she had seen were the necklace and ring.
LYDIA PLUMBLET . I am married. I have known the prisoner four years—she lost her mother, and I took her in out of charity, when she left her place—I went to look at her box for her dirty things, and saw this necklace laying there—when she came in I said, "What do you do with these beads?"—she said, "The housekeeper in Frith-street gave me them"—she brought me this ring—I laid them on the shelf, and said I would throw them behind the fire, because they were not proper for a young girl like her to wear.
JANE SEWELL . The prisoner came to live servant with me; and she came down one day and said, "Here is a ring the boy wants me to give him"—I took it and put it down my stays, and lost it; and the next day, I said I had lost it—she came down and gave me a brooch—I said, "Where did you get it?"—she said, "It was my mother's, but I will sell it to you"—I said "If it was my mother's I would not sell it"—I delivered it to the policeman.
I am a policeman. I apprehended the prisoner, and inquired of her about a brooch and mourning ring—she said she sold the brooch to Jane Sewell for 1s. 6d.—I went to Craven-street, and found Sewell, who delivered up the brooch which the prosecutrix swears to—I have the necklace and one ring—Sewell lost the ring which she had.
(Property produced and sworn to.)
prisoner. I beg for mercy; my father has deserted me and I have no mother.
GUILTY . Aged 13.—Recommended to mercy; Confined Three Months.
JOHN STONE . I am servant to James Colan, a ham and tongue dealer. I was out with his cart on the 9th of January, about six o'clock in the' evening—I was on Tower-hill, I had a small bag containing 9s. 4d., about 4s. in silver, and the rest in copper—it was my master's, and what I had received for hit goods—it was in the cart under the seat—it was an open cart—I was sitting on the seat with the money under me—as I got to the corner by Trinity-square, I heard the money rattle—I turned and saw the prisoner jumping off the cart with the bag in his hand—I immediately stopped the horse, and jumped off the side of the cart—the horse ran away—I was obliged to go and stop it, and the prisoner made his escape—I had a full new of his person—I went on Friday round Tower-hill, and Tower-street, (where it is my firm belief the prisoner must have seen me put the money in,) and then I saw the prisoner standing, watching every cart that went by, he went and looked into them—when he saw me, he went up Barking Church-yard—I went after him, he went across Tower-hill, and stood against the railings, and then stopped looking at a child's chair—I saw the policeman, and gave him into custody—I am quite positive he is the man.
Cross-examined by MR. JONES. Q. Do you mean it was taken while you were sitting on the cart, driving? A. Yes—I was driving at a middling trot—I had gone about 100 yards perhaps—I never saw the prisoner before, he was just going to jump off the tail part of the cart—the tail board was up—his face was towards me at first—he was in my sight I should think two minutes—he ran towards the rails of the ditch, and down a turning—I was going over Tower-hill, towards the Minories—that was on Monday evening, and I saw him again on the Friday—I could not go out before, as my master was ill—when I saw him again in Tower-street, he walked away—he did not run at all.
MARY GOFF . I am married and live in Cartwright-square, near St. Katherine's Docks. The prisoner lodged in the house where I lived—on Monday the 9th of January he was at home from a quarter before two till a quarter before nine o'clock, he never went out—the last time I saw him was at a quarter before nine o'clock, he went into the yard twice, but was not absent five minutes—I remember a letter coming to him, and I read it to him on Tuesday morning at ten o'clock.
COURT. Q. How does he get his bread? A. He works at the wharf—I do not know the name of his master; the foreman's name is Brian, who works on board the steamers—this prisoner was a labouring man—he was at home waiting for the steamer coming in.
MARY CONNER . I live in Cartwright-square, and am married—the prisoner is a lodger of mine. Mary Goff lodges in the same house—the prisoner lodges in my room, and sleeps in another, he sits in my place—on Monday the 9th of January, he was in doors from before two o'clock mending shoes, and stopped in till the next morning about seven o'clock—I am sure
he did not leave the house but to go into the yard—he was out about two or three minutes.
COURT. Q. Does he often stay at home? A. Yes, always, except be is doing any thing—he works at the Scotch steamers, it is very seldom be gets a job—he staid at home on the Saturday before this occurred, and the Friday, and the Thursday—he was at home every day but Friday morning, when he was doing a little—he was taken last Saturday—I am his sister, he has been about six months from Ireland—he never goes near the Tower, only down at this wharf—he works below at the Aberdeen wharf.
NOT GUILTY .
ALDER HEFFILL . I am in the employ of Elijah May and his partners, who are linen-drapers. I had seen the prisoner at the shop before—on the 12th of January she came to purchase a dress and other articles, which she paid for—she then asked to look at some thread-edging—a young man brought the box forward—after looking over them some little time, none of them would do, and after some time I saw her put a piece down between her shawl and her bosom—I went and sent a young man for a policeman—as she was going to leave the box, I stopped her, and said I was very sorry, but I was fearful she had taken a piece of thread-edging from the box—she said, "No, I have not; you can search me"—as she was saying that, one of the young men said, "There's the lace" and I saw the piece of thread-edging, which I saw her take from the box, on the floor—she got rid of it—I imagine it must have slipped down her clothes, and got out—she begged very hard to be released, but I said I was not at liberty to release her, as Mr. May was not at home—she stood at the top of the shop till Mr. May came in—this is the edging, it is on the card in the same shape as it was—I swear I saw her take it, and secrete it between her shawl and cloak, it is worth £1, there are forty-eight yards.
GUILTY . Aged 15.— Transported for Fourteen Years.
ROBERT SWAINE JOHNSON . On the 7th of January, a little before ten o'clock at night, I was a little below Shoe-lane, in Holborn—I had a handkerchief in my pocket—James Holland came from behind me, and asked if I had lost my handkerchief—I felt, and said I had—he said if I would go with him, he had got a person in custody—we had not got many yards when we met the watchman with the prisoner—my handkerchief was Pro-duced in the watchhouse.
JOHN HOLLAND . I am a grocer. I was going to my brother's, in the Haymarket, and saw the prisoner turn sharp round the corner of Farringdon-street, and follow the prosecutor—I saw him lift his coat flap, and take his handkerchief—I secured him before he got six yards, and gave him to the watchman, and went after the prosecutor.
(Properly produced and sworn to)
Prisoner. I picked it up.
GUILTY . Aged 16.— Transported for Seven Years.
HENRY ADOLPHUS FISHER . I keep pigeons shut up in an upper room—I missed fifteen on Wednesday the 25th of January—some time after I found two of them alive—I positively swear they are mine—these are them—the value of the whole is 15s.—the other thirteen I never recovered—I have had them a length of time—I swear positively to them, this one in particular—it has lost one feather—I kept the room door locked, and keep the key myself—it was not broken—it was opened by a false key, I suspect—I have seen the prisoner about the neighbourhood for years—I do not know how he gets his bread.
CHARLES KETT . I am a pigeon-dealer, and live at No. 8, Clubrow Spitalfields. I bought these two pigeons of the prisoner on Wednesday morning, the 25th, about half-past eight o'clock—he brought four into my shop—I bought these two—the other two did not suit me—I did not know Mr. Fisher had lost any, till he came and found them—I gave the prisoner 1s. 3d., the full value of them—I would have sold them for less then 2s.
Prisoner. I declare I never saw that man till he came to Union-ball, and do not know where he lived—I am innocent as a child. Witness. I had not seen him before, but am certain of his person—I paid him the money, and talked to him about them—he said he wanted 1s. 4d. for them—I gave him 1s. 3d.
HENRY ADOLPHUS FISHER re-examined. Charles Kett described the man who sold them to him, and the prisoner answered the description he gave—the prisoner knew that I kept pigeons—he lived close by formerly, but I do not know where he lived lately—the street door is regularly locked, but there is a string outside the door, and I suppose some person got in that way, and picked open the door of the room.
GUILTY .* Aged 21.— Transported for Seven Years.
OLD COURT.—Thursday, February 2nd, 1837
Second Jury, before Mr. Sergeant Arabin.
544. JOHN JONES was indicted for feloniously breaking and entering the dwelling-house of Thomas Mucklefield, on the 80th of January, at St. Paul Shadwell, with intent to steal, and stealing therein, I watch, value. 1l. 10s., his goods; to which he pleaded.
GUILTY . Aged 23.— Transported for Life.
545. JOHN SMITH was indicted for stealing, on the 5th of January, I horse-collar, value 2s.; 1 pair of traces and harness, value 2s. 6d.; 1 bridle, value 2s.; and 1 sack, value 1s.; the goods of James Gibbs; and that he had been before convicted of felony; to which he pleaded.
GUILTY . Aged 23.— Transported for Fourteen Years.
ROBERT CARRINGTON . I am a private in the guards, and lire at Paddington. On the 26th of January I came off duty about three o'clock, and hung my coat in the arch of my area—I was at tea in the kitchen at four o'clock, and in about five minutes I heard a noise in the passage—I jumped up, opened the door and saw the prisoner coming out of the area with the coat in front of her—I laid hold of her, and sent for a policeman, who came and took her in charge—she was a stranger—this is my regimental coat.
Prisoner's Defence. I did not know what it was—if I was sober I should not have done it.
GUILTY . Aged 52.— Confined Six Weeks.
CHARLES BATLEY . I keep the Spread Eagle livery stables, in Red Lion-street, Whitechapel. I have examined this cloth—it is mine—we had put it into a back stable, quite at the bottom of the yard, between two and three o'clock, ten minutes before it was missed.
JOHN SAVILLE . I am clerk to Mr. Batley. The prisoner came into the yard and asked if I knew of a situation for him—I said no—he had a bundle under his arm—I did not know what it contained, but Yates came and gave me information—I saw the horse-cloth taken out of the bundle about five minutes afterwards by the prisoner—he exhibited it for sale in Whitechapel.
THOMAS YATES . I live with Mr. Batley. I saw the prisoner down the yard several times that day—the last time he had something tied up in a dirty white handkerchief—one corner of it was open, and I saw the horsecloth in it—he was talking to the clerk—he went out of the yard with it DENNIS POWER. I am a policeman. On the 14th of January Mr. Batley and his clerk brought the prisoner to the station-house—the clerk said he saw the prisoner with this in his possession, and be believed it was at the Horns public-house, Whitechapel—I went there, and the landlord gave it me.
Prisoner. Q. Did you say before the Magistrate that it was a man with a cap on? A. I said I thought you had a cap on.
GUILTY . Aged 54.— Confined Three Months.
JOHN QUIN . I am carman to Clarence and Co. On the 25th of January, between eleven and twelve o'clock, I left my cart at the end of the Minories—I was absent in a house three or four minutes, and received information—I went out in pursuit towards St. Katharine's Dock, and there saw the prisoner running—I came up with him, and found my great coat in his possession—this is it.
GUILTY . Aged 16.— Transported for Seven Years.
549. JAMES WHITE was indicted for stealing, on the 8th of January, 1 milk can, value 3s.; and 6 quarts of milk, value 2s.; the goods of Mary Shawley.—2nd COUNT, stating them to be the goods of Thomas Tapp.
ROBERT SALT . I am a policeman. On the 8th of January I was on duty in Red Lion-street, and met the prisoner with a milk can, and not having the appearance of a milkman, I asked him where he got it—he said it was his own, but not being satisfied I took him into custody—the can was full of milk.
THOMAS TAPP . I am in the service of Mary Shawley, who deals in milk. I was out with her can, and left it at the corner of Great Coram-street, on the step of a door, while I served a customer—this is it—it was full of milk—I was absent ten minutes or a quarter of an hour—I had not gone far from it.
Prisoner's Defence. I met a few labourers, who made me very much intoxicated—I did not know what I was about, and did not recollect meeting the policeman till the following day, when I found myself in the station-house.
GUILTY . Aged 45.— Confined Three Months.
Before Mr. Justice Patteson.
550. WILLIAM KELLY was indicted for that he, on the 16th of January, at St. Marylebone, unlawfully, maliciously, and feloniously did shoot at Richard Bourke with a certain pistol loaded with gunpowder and a leaden bullet, with intent to murder him.—4 other COUNTS, stating his intent to be to maim, disfigure, disable, and "do some grievous bodily harm.
MR. ADOLPHUS conducted the Prosecution. RICHARD BOURKE (police-constable D 70.) I am an Irishman. On the 16th of January I was on duty in George-street, Portman-square, and about half-past one o'clock in the morning I saw the prisoner leaning on his elbows against the railing, in front of a chemist's shop, one door from Baker-street—it was a very cold inclement night—I came to him and said, "Halloo, what is the matter, sir?"—he looked at me, and said, "Why so?"—I did not lay my hand on him, or offer him any hinderance—I said, "The night is very cold, and I would advise you to go home; the times are very queer, and if you remain there much longer you will get your death of cold"—he asked me if I was an Irishman—I said it was no difference to him what I was; that I was giving him good advice if he would take it—he then said, "Wait, and I will give you a smeller"—he put up his hand, with this pistol in it, and put it to my mouth—I did not see where he took it from—it was in his hand—he put it to my mouth as near as possible, and fired at me—I heard something coming oak of the pistol very sharp, like a ball or a bullet—I at the same time pushed his hand on one side with mine, just as he put it to my mouth, and drew my head away—I beard the ball pass by me—he said, after that, "There's for you; I would serve every Irish coward that left their country so"—I laid hold of him and took the pistol out of his right hand—I heard a woman screaming, "Police! police! are you dead?"—I said, "No"—the prisoner ran away towards Gloucester-place while I was putting my hand into my pocket to get my rattle out—I pursued him, springing my rattle, and said, "Stop him"—the police came from different directions, and he was stopped—when I
came up I laid hold of him by the collar, and he said again he would serve every b——Irish coward so, that left his country—I never knew him before—I had done nothing to provoke, or offend him.
Cross-examined by MR. PHILLIPS. Q. After he was in custody did you observe that his left hand was wounded? A. No, I did not go near him, I was so frightened—he was standing still at the railing when I first saw him—I did not see whether he was gazing upwards—it was very late—it is a regular thing for us to speak to any man when it is so late.
Q. When he was at the station-house did not you observe something very extraordinary in his manner? A. I did not take that notice—I did not pay attention to him, I was so frightened—I only went to give charge of him—I then went away—I could not bear to stop—I did not notice whether he was sober.
ANN CHAMBERS . I am single, and live in Nightingale-street, Lissongrove. On the night in question I was coming home, and about two yards from the corner of Baker-street, I heard the report of a pistol—when I got against the post, I looked up George-street, and saw two people standing in a smoke—I called out to know what was the matter—the policeman replied, "This man has shot at me"—I was frightened and screamed, "Police," and two policemen came running up—the prisoner ran away.
JAMES INSKIPP . I am a policeman. I was on duty near George-street, Portman-square, and heard the report of a pistol, and immediately a female scream out—I ran down George-street, past Gloucester-place, and saw the prisoner coming up on the right-hand side—Welch, another constable, stopped him, and when I came up, Bourke had got hold of him by the collar and right arm—he said to me, "Take hold of him, he has shot at me"—I laid hold of his right arm, and another policeman, coming up, took hold of the other side of him—I saw Bourke spit something from his mouth—the prisoner then began to plunge about a good deal—he jumped forward, and threw his arms about to try to get away from me—I said, "Be quiet; you have shot at a man"—he said, "He is an Irishman; I hate those villains, those cowardly rascals that will take a mean advantage of any one"I like an Englishman, that won't take advantage of any one"—I said, "Bequiet, and come along"—he then said, "I think I have lost one of my fingers"—I looked at his right hand, and saw two of his fingers bleeding very much—I said, "You have not lost one of your fingers; what have you done it with?"—he said, "It was only a bullet"—I got him to the station-house, and was searching him—he said, "I know I have done wrong, and am sorry for it"—I found a gold watch on him a knife, an empty purse, a flint-case, and a guard-chain.
Cross-examined. Q. Did you not take him to be drunk, or out of his mind? A. Yes; he had been drinking, there is no doubt about that—I considered him to be drunk.
LEES SHAW . I am a policeman. I came up immediately I heard the rattle, and found Bourke had got the prisoner secure by the collar—I said, "Is there any body else in it?"—not receiving any reply, I turned round to the woman, who said he had fired at the constable—at the station-house the prisoner could not stand steadily at the bar, and was sitting on a bench—he said, "Loose my arm, and I will show you the reason I carry the pistol"—he then took two false teeth out of his mouth, and said, In consequence of having these struck out by a blow at the Saloon, in piecadilly, I carry this pistol for my protection, but I mean no harm towards
any body"—he appeared to me very much under the influence of liquor—he spoke in a very clear, distinct manner, but he could not stand at the bar, and when sitting down, could hardly keep his balance on hit seat; and he was totally indifferent to his wound, and took no notice of his fingers, though they were bleeding very much.
ELIZABETH SKINNER . I am in the service of Captain O'Connor, of George-street, Portman-square, nearly opposite the chemist's shop. On the morning of the 16th of January we saw the window of the front attic was broken—there was merely a little hole, as if something very small had passed clean through the glass—I found a bullet in the room, and there was a mark in the ceiling near where I found it—I did not hear the firing of the pistol.
MR. PHILLIPS addressed the Jury, and called
HENRY DAY . I am a surgeon and live at Acton, I wast called on to attend the prisoner first in 1824, when be came home from school in an insane state of mind—there was no obvious cause for the derangement except his too intense study at school—I attended him on that occasion for about six months—his mind was in a complete state of Aberration the whole time, with some trifling intervals—I think his mind on the whole was on pious feelings, but occasionally obscene and profane—these circumstances do constantly mingle in persons in this state of mind—I was next called on to attend him in October, 1826, until October, 1827—his mind was then in a very similar state to the former period—he had always a keeper with him—he was not in a fit state to be left alone for one moment—his mind was very similar to what it was at first—pious feelings, mingled with incongruous ideas—hit person was occasionally very filthy, and at other times he was earnestly desirous of being very clean—when his mind was at the wont he was exceedingly filthy—that it frequently the case with persons afflicted with madness—he was occasionally mischievous—towards the close of it he had something similar to epilepsy—I attended him again from 1833 to July, 1884—there was no material deviation then, he was as before—he was occasionally so ill as to have two keepers—a person named Gracey, as far as 1 can recollect, was one—he was attended by Sir George Tothill, who was a physician at Bedlam, but is now dead—he was occasionally very loquacious, and at other times very taciturn—he broke in the panel of a door on one occasion, and he would throw any thing into the fire—he would sometimes call himself St. Jerome, and address me under the title of St. James—he had a strait waistcoat on occasionally, but not always—there was always a mark of intellectual derangement about his eyes, closing them for a long time occasionally, daring which time he would never speak—bis laugh was idiotic.
Q. When there is a tendency to aberrations of this kind, will circumstances, slight in themselves, sometimes call it forth suddenly? A. Undoubtedly—I ever considered the prisoner to be in that state of mind—any exciting cause would do it—the general state of his mind was of that character—it was never to be considered a responsible one, if excited by any cause.
MR. ADOLPHUS. Q. Was your last attendance in 1834?—A. Yes—I have seen him occasionally since, and have still had the same impression, but never attended him medically since—he west about where he pleased
after that—he has lodged out of his father's house lately—after the last attack he went abroad under the care of a gentleman—he returned about six months afterwards, I think apparently as well as ever he had been.
MR. PHILLIPS. Q. Is it an incident of the disease that it is liable to break out quite unexpectedly? A. Certainly; the last time I saw him was six or eight weeks ago, by accident, but I did not speak to him then.
JOHN GOODCHEAP . I live at St. John's Wood; for the last nine years I have been accustomed to the care of insane persons. The prisoner was placed under my care in December, 1833, for about six weeks—the greater part of that time he was in a state of total aberration of mind—I went down on a Sunday by order of Sir George Tothill, about the 29th of December, and found Mr. Kelly in bed—his father was to introduce me to him—he would not make any observation at all, nor open his eyes, but laid in bed quite in a torpid state—he remained so for several days—I with a great deal of persuasion aroused him as well as I was capable—during that time he took but very little food, and would not open his eyes or speak to any body—three or four days afterwards, by persuasion and a little manceuvering, be got up and took a little breakfast—we walked round the garden together—he took hold of my arm, but never spoke to roe, and bad his eyes closed the whole time, we walked for I suppose half an hour—Mr. Day came and spoke to him, but he would not speak to him—we walked up to the bed-room, and he went to bed, and was in the same state, kneeling down to prayers and so on—in a few days he rather roused—I persuaded him to come down and play at billiards, and he did, but played in a very incoherent manner—some ladies were coming by the window at the tine; he made a thrust at the window, and if I had not stopped him the cue would have gone through the window at them—they were persons for whom he ought to have entertained affection—he would sometimes flourish the cue over my head, but would look at me, pat me on the shoulder, and say he would not hurt me—he was in the habit of looking up in the skies—I could not understand what he meant, but at last found he meant that God's eye was looking on us both, and that we were as one person—he showed a decided antipathy to his father, whose conduct was always particularly kind to him—he had a cap and snuff-box, and threw them on the fire—it is often the case that insane persons are sometimes mischievous, and sometimes melancholy—at times he was very dirty in bis person—the cleanest people become dirty when insane—I remember his calling for the angel Gabriel, and asking for the keys of Heaven—I have not the slightest doubt of his insanity—the least excitement would produce it.
MR. ADOLPHUS. Q. Have you seen any thing of him since 1833? A. I have not.
FRANCIS BURCHELL . I am solicitor to the prisoner's father in this case. I accompanied his father to New gate, on Saturday the 22nd of January—the prisoner then conversed very freely and rationally for a considerable period, but as I was about to leave, I remembered that I had heard that he had put on a new blue coat at twelve o'clock on the night in question, and said to him, it was something extraordinary he should put on a new coat to walk out in at that time of night—I said to him first, "You had not even taken the silver paper off this coat, and were careful to take it off then"—he said, "Yes, that was the mistake, my putting on that coat—I put it on before the time God had willed—I should not have put on that coat till I went hunting"—and then he told me why he had had this coat made in a particular fashion, to serve the particular purpose of hunting in it, and also being a dress coat—he then said, "Yes, but still it was appointed that I should not wear it till
I went hunting, and that is the cause of all I did that night—but my servant brought me up an old-fashioned dressing-coat, which has brought me as much comfort, almost as the other did mischief, for the instant I put it on, ray mind was relieved"—I have no doubt from all I taw that he was in at state of aberration.
MR. ADOLPHUS. Q. Had you ever seen him before? A. Never—he had then been committed to New gate some days—he was apprised that I was the attorney who was to defend him—the keeper was in and out of the room, and, I believe, heard the greater part of the conversation.
NOT GUILTY, being insane.
551. JOHN JOSEPH SAXON was indicted for feloniously stealing a letter, containing a £50 bank-note, which had come into his possession by virtue of his employment as a clerk in the General Post-office—Othet COUNTS, varying the manner of stating the charge; to which he pleaded GUILTY . Aged 10.— Transported for Life.
Before Mr. Justice Williams.
552. JOHN DAVIS alias Barrett , ELIZABETH STANNARD , and CHRISTOPHER STANNARD , were indicted for a robbery on James Underhill Raynolds, on the 10th of January, putting him in fear, and taking from his person and against his will, 1 watch, value 10l.; 3 teals, value 2l.; 1 watch-key, value 5s.; 2 split rings, value 5s.; 1 watch-ribbon, value 9d.; and 1 watch-guard, value 12s.; his goods.
MR. PHILLIPS conducted the Prosecution.
JAMES UNDERHILL RAYNOLDS . I am clerk to one of the learned Judges. On the 10th of January, between twelve and one o'clock in the morning, I was returning home from Westminster-bridge, I had been with some friends, and had taken a good deal of wine—I believe I was in Lee-street on my way home, and went into Hadlow-street—one street leads into another—I fell into company with Frances Farr, and went with her to No. 34, Hadlow-street, into the front parlour—I there found the prisoner Davis, and the witness Milton, whom Farr represented as her brandy—they partook of it—I did not drink any of it—after being there two or three hours the room door opened, and Elizabeth Stannard and another woman presented themselves at the door—prior to that, however, Davis had left the room for some time, and had returned to the room again—when Mrs. Stannard and the other woman came in, they began complaining of our keeping them up so long, as they had work to do in the morning, and in a very uncivil kind of way—I immediately turned round to Farr, and asked whether that woman was her landlady—she said no, she was a servant, and that the other woman was her landlady—the other woman was very mild in her manner—the female prisoner was very violent, and I became indignant—I thought I was insulted, as well as every one in the room—I turned round to Farr, and said, "Do you allow yourself and us to be insulted in that way by that broad-faced Scotch woman?" (I cannot say I really was convinced of her being Scotch, but that was my idea,) she immediately flew at me like a tigress, siezed the frill of my shirt, tore my shirt right through my body, and beat me about in a most unmerciful manner—(producing a shirt) here is the blood on it which came from me—whether Davis participated
in the beating it is impossible to say—I was dreadfully mutilated, and was bleeding at the nose—a knock came at the door, and the man Stannard presented himself—I immediately took my hat up. and made a rush, I was fortunate enough to pass in time; I caught hold of the street-door lock, and was about to push it back, when Davis rushed at me, caught hold of my watch, and forced it away from my fob; and at the same instant a silver guard which was round my neck, attached to a silver watch which I had in my waistcoat-pocket, was taken away—the watch was held by a silk guard under my waistcoat—that guard was broken, and I have part of it here—I did not lose the other watch—I had a Bristol diamond-pin in my shirt, which I lost—Stannard came to the door before I lost my watch, but after I lost my pin—I cannot say that he did any thing to me—I did not observe it—I rushed out of the house and called the police—one came at first, and then two others—they knocked at the door, and asked to be admitted—they were kept a long time without being admitted (on my rushing out of the house I had heard the door bolted) at last the police were admitted, and I went with one of them into the frontparlour—that was the room I had been in—we then went into the back-parlour, and then into the yard—the policemen heard something, and immediately scaled the wall—of course I know nothing more, except that my property was afterwards produced—when I went to the house I was under the influence of wine, but after the beating I got sober, and I was quite collected—I had been in the house two hours and a half, or three hours—I drank nothing in the house—the policeman had the opportunity of seeing the state I was in.
Cross-examined by MR. PRENDERGAST. Q. Did you drink in this house? A. No—I was not in any other house but Nicholls' hotel, at the foot of Westminster-bridge—I had walked from there, and went into this house—they asked me to have a share of the drink, but I declined it—Farr asked me—we were not on the sofa together—she was on one chair and I on another, and the two young men were on chairs—there was a sofa in the room—I believe they all drank but me—Farr and I were friendly while I was there—they behaved remarkably kind to me—the two young men, and Miss Farr did—I thought it a very pleasant evening at the time—they fetched some water up to put into the brandy, as I refused to allow Miss Farr to drink it in the neat state—I said, "This is my brandy at all events; you shall not drink it without water"—to the best of my recollection, it was Davis went down for the water—he behaved remarkably well—he said he had been to St. Sebastian, and was going back—I recommended him not to go back—Milton said he was a tailor, and he showed me some patterns, and asked me for an order—we were all very comfortable—I took Davis for a young gentleman—if it had not been for the woman Standard, I believe it would all have gone on well—I have no reason to believe otherwise.
Q. Had it not been for the unfortunate observation you made abort her having a broad Scotch face, do not you think nothing would have happened? A. Indeed, I will not swear that in the affirmative, for Davis went out of the room and returned just before them, and I was surrounded by the two men and that woman; she laying on with tremendous blows—Farr was not one of the women surrounding me—she behaved very well to me, and tried to protect me—I thought she turned very pale—I am not certain of receiving any blows from any body but the Scotch woman; and they were tremendous blows—she is a very powerful woman—I would
not contend against a woman of that sort—I would not strike a woman—I would not condescend—I had my knuckles wounded in defending myself I am decidedly no match for her—I was defending myself from the ssault.
Q. Were you not during this affray in a dreadful state of agitation? A. Certainly not; I was as collected as I am now, except the little excitement remaining from the wine—I believe the combat made me more sensible from the loss of blood—I was astonished at such conduct—I had a very good opportunity of observing what was done, except when being actually beaten, but I could see her thumping my head almost to atoms—it wss almost like a jelly—I wonder I am alive to tell the story—it was all done instantaneously.
Q. While you and Miss Farr were in agreeable conversation together before this happened, might your hand have gone as far as hers shoulder? A. Decidedly—it was round her neck; and I kissed her too—I will not disguise any thing—you shall have every thing you want—the truth, and nothing but the truth—I took her hand—I did not rest it on my lap—I am quite satisfied I did not—I should not be to ungentlemanly—I know your allusion.
Cross-examined by MR. JONES. Q. What state might you be far as to sobriety? A. Certainly, when I went into the house I was under great excitement from wine—indeed I will tell you candidly I do not know how I got into the house—I had been dining at the Swan with a party of judges' clerks—I think I must have left the Swan about twelve o'clock—I walked to Hadlow-street—I live at No. 27, Tonbridge-place, opposite Judd-place—Hadlow-street was in my way home—I was only in company with Davit, Milton, and Farr in the house—that woman came in about three hours, afterwards—I was never in the room alone with Farr—Davis left the room for a considerable time, and returned before the woman came in; but Milton never left the room at all—I did not drink any thing there.
Q. What did you go to the house for? A. That is another thing—very likely for the same purpose as all foolish young men go for—I certainly can not recollect all that took place in the room, but I was never alone with Farr—I was introduced by her to the young men as her brothers—they remained chatting with me a great time, and then Davis went out—I had sobered down almost to my collected ideas before the women came into the room—they offered me drink, and I refused it, I knew I had enough—when Mrs. Stannard first came into the room, she addressed herself to Farr—she did not speak to me before I spoke to her—I did not call her a broad face Scotch b——I will swear that positively—for. I do not believe a baser term can be applied to a woman, and I am sure my gentlemanly feelings would not allow it—I had been two hours and a half or three hours in the house, and I was sobered down—I distinctly said, "broad-faced Scotch woman," and not the other term which I won't dirty my lips with—it was after that that she attacked me—I had the pin in my shirt—m taking hold of my shirt the pin would come out first, and here is the hole where it came out—I have certainly said I did not see her hands on the pin, but there is the hole in the frill as if it was torn out—she flew at me like a tigress at once, speaktog to me and tearing at me—it was instantaneously done—she said something, but what it was I cannot say—directly the words were out of my mouth, she flew at me.
MR. PRENDERGAST. Q. It was by the street door you lost your watch? A. I had my hand on the street door lock at the time the snatch was made—there was a candle in the parlour, but no lamp in the passage—the light
from the parlour shone up to me—it did not light the passage by the street door—I was in the dark, but my eyes were looking towards the light in the parlour—the light from the parlour lighted every thing up to me, because I distinctly saw Davis snatch like an eagle, my watch—he flew like an eagle at me—there was light enough for me to see from the street door up to the parlour—the passage is not three yards long.
MR. PHILLIPS. Q. Whether taken from you or dropped, you lost your pin at all events? A. Yes—it has never been found to my knowledge—the watch was found.
COURT. Q. You say Davis took the watch out of your fob, and a silver guard at the same time was taken away? A. Yes, at the same instant; the three prisoners were all close together in the passage.
FRANCES FARR . I am single. On the 10th of January, I met Mr. Raynolds about twelve o'clock or a little after, and we went together to the ground floor of No. 34, Hadlow-street—Davis and Milton were in the room and Mrs. Morgan, the landlady's daughter—we had some brandy and water to drink—about two hours or two hours and half after we had been in the room, Mrs. Stannard came in—Milton and Davis were both in the room during that time—I was not left alone with Mr. Raynolds at all—Mrs. Stannard entered the room with Mrs. Morgan, and said, "We are working people, now are you not going to bed?"—I said, "Mrs. Stannard, I am quite ready to go to bed, but there are people in the house who are going out; you are not my landlady, I wish my landlady to speak, if there is any thing the matter"—and said it was a liberty she had taken in insulting me in my own place—the gentleman then arose, and said, "Farr, do you allow yourself to be insulted by a broad-faced Scotchwoman like that?"—I am tare he said "Scotch woman"—Mrs. Stannard then collared him, and beat him between the two doors up to the parlour window, and ill treated him very much—I went to take his part, so far as to lay hold of her arm, and begged her to be quiet and not kick up a disturbance, as nothing of the kind had occurred where I had lived before—she turned her hand, and said to me "D—your eyes if you do not stand off I will murder you"—and of course I was afraid of my own life—Mrs. Stannard and Davis took the prosecutor up into the corner of the room, beat him very much, and ill-treated him—the moment Mr. Stannard entered the room, Mrs. Stannard released the gentleman, who took his hat and rushed out of the parlour as fast as he could into the passage—I did not go into the passage—the candle was put out by Mrs. Stannard—the door was open, there was a great scuffle in the passage with Mr. and Mrs. Stannard and Davis—I did not see what took place in the passage—Davis and the other two prisoners were there at the time, but nobody else that I know of, the door was fastened—it was not open, that I know of—after the scuffle, Mrs. Stannard turned out of the passage blew out the light in my room, and after that the three prisoners got over the back wall, which I dare say is about four feet high—Mr. Stannard did not come into the room till after Mr. Raynolds had been ill-treated I saw a breast-pin in Mr. Raynold's shirt—I remember Davis leaving the room and coming back, about half an hour before Mrs. Stannard came in.
Cross-examined by MR. CLARKSON. Q. Do you know that Mr. Stannard lives opposite? A. Yes, at No. 8.—I do not know that his wife is in the habit of doing work at No. 34.—there was a great deal of noise in the room, and outside in the passage.
Cross-examined by MR. PRENDERGAST. Q. Was there a light in the passage? A. Not that I know of—the light in the parlour was blown
out—there was not any light at all except the one in the room—when that was blown out, there was no light in the passage or room—the passage must have been quite dark when they were in it.
Cross-examined by MR. JONES. Q. When Mrs. Stannard came into the room, was Mrs. Morgan, your landlady, with her? A. Yes, they both entered the room together—Mrs. Morgan kept a little girl there, who she called her servant—I never knew Mrs. Stannard work as char-woman for Mrs. Morgan—I occupied the two parlours; the front as a sitting-room, and the back as a bed-room—Milton lives in Lancaster-stret—I have known him some time by his working for a gentleman I know—he it a tailor—I do not know whether he is a married man—I do not know the number of his house—I swear that—I never saw him more than three or four times—I know nothing more of him than seeing him, and speaking to him—I am sometimes in the habit of seeing ntlemen—Milton stopped with me that morning—we went to bed together, from five o'clock till ten o'clock, after the disturbance—MR. Raynolds spoke to Mrs. Stannard before the spoke to him, and it was immediately after that she attacked him—I did not say, next morning, that I would not go to the police-office, for I knew nothing about the obbery—nothing of the kind.
JOHN MILTON . I am a tailor. I was at the house on the night in question—I remember Mrs. Stannard coming into the room—it was after that, the gentleman received the ill-treatment—I saw him afterwards, and heard him complain of being robbed, and I went for the police.
Cross-examined by MR. PRENDKRGAST. Q. Did you drink any brandy and water that night? A. Yes, with the prosecutor—he took some—I do not recollect how many times he drank—che took it from my hand once—he did not take it several times—he might have taken it once or twice—I cannot say how many times—I am quite sure that he drank—I was gone for the police when the prosecutor rushed into the passage—I went on Mrs. Stannard attempting to beat him—she would have struck him if I had not arose and stood before her—she did not strike him while I was in the room—I left as soon as I could.
Cross-examined by MR. JONES. Q. Did you hear what Mr. Raynolds said to Mrs. Stannard when she came in? A. When she came in, she said she would not have that disturbance in her house—Miss Farr rose and said she did not see why Mrs. Stannard should come, and insult them in the manner she had done—Mr. Raynolds then rose and said, he did not see that a broad-faced Scotch woman should insult them in the manner she had done—he did not call her any thing else, in my hearing—I lodge at No. 15, Lancaster-street—I do not know how long I have known Farr—I have been in the neighbourhood about three years—I have known her about twelve months, perhaps—I have seen her at different times—she knew where I lived—she never called on me—she knew the number of my house.
COURT. Q. Did you tell her the number of your house? A. My house is quite public to all the neighbours—my name is on the door—I do not know that I ever told her my number—if she looked at it she might have read it.
MR. PHILLIPS. Q. During the whole time you were there, did Farr attempt in any way to ill-treat Mr. Raynolds? A. Quite the other way.
JURY. Q. You stated that the prosecutor took some brandy and water from your hand; did you see him drink any? A. He took it from my hand—it was in a black half-pint tin mug—I saw him drink some—I am
positive—I am not blind, and I should think I could see when he took it from my hand—he did drink—I cannot say how much he drank.
CORNELIUS MURPHY . I am a policeman. I went to the house in consequence of an alarm—my attention was directed to a back wall in the yard—in consequence of something I heard, I followed to the back yard of No. 37 in the same street—I there found the three prisoners—they were trying to make their escape through the back door into No. 37—I sprang my rattle, inspector Campbell came to my assistance, and they were taken.
SAMPSON DARKIN CAMPBELL . I am an inspector of police. I heard a rattle spring—I went to No. 37, Hadlow-street, and there found the three prisoners in the yard, and the daughter of one of them—I took them to No. 34, where Mr. Raynolds was—he said, in their presence, that they had robbed him—he spoke rather doubtingly about the man Stannard, and I let him go—when the prosecutor saw Davis and Mrs. Stannard he said they had robbed him and ill-treated him, and stolen from him a watch and silver guard—they neither of them made any reply—as we were going to the station-house Mrs. Stannard said, they could not hurt her, they could not prove she had stolen the watch; and Davis said he had nothing at all to do with it—I think he said, nothing to do with the robbery—next day I took Stannard again—he told me he was not present, and he had nothing to do with it—I also took Farr—she was released and made a witness—before I took Mrs. Stannard and Davis to the station, I went into the front parlour of the house and found Shields there—he showed me a silver watch-guard, and a watch and seals attached to it.
Cross-examined by MR. PRENDERGAST. Q. Were Davis's words he had nothing to do with the robbery or the row? A. I really cannot charge my memory—I firmly believe "robbery" to be the expression, but I will not positively say—I have never given any other account of it—I may have said that row was the word he used.
Cross-examined by MR. CLARKSON. Q. When you re-apprehended Stannard, had he come to the police office to see what became of his wife? A. He had.
Cross-examined by MR. JONES. Q. Before you took the parties into custody had you gone to the house with Mr. Raynolds? A. No, I had not made any application to be admitted—the constable obtained admission the instant I arrived.
THOMAS SHIELDS . I am a policeman. I was posted at the door of No. 34 by my sergeant—I am not positive who opened the door to me—I went into the front parlour, and under the cushion of the sofa there, found a silver watch and seals—on further search I found a silver guard-chain broken, on the floor under the sofa—I searched for another part of a guardchain, but could not succeed in finding it—I did not find any pin.
Cross-examined by MR. JONES. Q. Had the prosecutor spoken to you before you went there? A. No—I had been standing before the home with sergeant I sit—before the door was opened, we called out, "We are the police—a gentleman has lost his watch"—that was twenty minutes before the prisoners were taken—we said it loud enough to be heard by the people in the house.
MR. PHILLIPS. Q. Could the watch have got there unless it was put there by somebody? A. No—there was only one cushion to the sofa—it was a kind of sofa bedstead—the cushion covered the whole—it was
under that—Farr was standing by the parlour door when I found it—I heard no complaint made against Farr.
EDWARD HOLDER . I am an artist, and live in Chad's-row, Gray's-inn-road. On the 10th of January, between three and four o'clock in the morning, I was in Hadlow-street, and saw the prosecutor pushed out of a house—it appeared to me to be the male prisoner Stannard who pushed him out—the passage at that time was full of persons—Stannard did not come out of the house—it appeared a violent push—the prosecutor would hare fallen, had I not put out my arms and caught him.
Cross-examined by MR. CLARKSON. Q. The passage appeared to be crowded, so that whether the pushing was in consequence of any body poshing behind Stannard, you could not tell? A. It could not be to, for Stannard stood with the door in one hand, and with the other hand appearing to push him forwards—there was a light in the passage—I could not see what it was from, but it was sufficient for me to see what was going on; but as I was in a side direction, I could not see far up the passage—I was in my way home from a friend's house, No. 45, Hadlow-street, and it was ray nearest way home—I cannot call to mind at this moment whether I had dined there, but evidently I took tea there—I recollect that I did, but I do not know whether I dined there—I cannot say what time I got there—I took tea about six o'clock—I am in the habit of being there many times in a day, and cannot call to mind what time I went—I sat there drinking brandy and water, and then I had about one glass of wine I believe—I am positive that is all the wine I had—it was port—I took that about nine o'clock, and then sat down to supper—we supped about eleven o'clock—I cannot recollect what we were doing between nine and eleven o'clock—a song or two was sung, I believe—there was myself, a lady I am paying my addresses to, her sister, and her mother, who was occasionally in the room—I will swear there was not more than two others, and I rather think they were both females.
Q. How came you to be a witness? A. By passing along, I stopped on the other side of the way—a person was at the door, speaking to a policeman, and he wished me to go into the house, as a person, a friend of his, as he called him, was in the house, likely to be robbed and murdered—he said, "This appears to me a drunken row, if I was to interfere with every row in the street I should have enough to do"—there are a great many rows in that street—I was not before the Magistrate—I left my address at the station-house at the time they went down—I said to the Inspector, "I am a man in business, and if you can do without my evidence before the Magistrate, I shall be glad"—he said if he wanted me, he would come for me—I did not appear at either of the examinations, not king sent for—Campbell gave me notice to be here, and one of the policemen brought me a subpoena last Saturday.
Q. What were you doing at this house where you were paying your addresses to one of the inmates, from nine till between three and four o'clock? A. After supper I fell asleep, and they did not wake me till they were going to bed—they said it was time I was gone home—I am very often in the habit of staying there as late as that—my friends occupy the whole of the house—it is let out in lodgings—it is not let out in separate lodgings at all—there is nobody in the house, to my knowledge, who has a separate apartment—it is a house where boarders and lodgers are kept—two ladies lodge there besides the one I am paying my addresses to, and her sister—they are single, as far as I can judge—they have no.
husbands there—I am a painter on glass—a glass-stainer—I paint figures, or any thing—there have been rows at the house I was at, but not often to my knowledge—I never participated in one—the last that I recollect must be about a month or five weeks ago—I slept at the house last night—I have slept there with females—it is a common b——y-house; there, now you have got it.
MR. PHILLIPS. Q. What is the largest sum you ever got for one of your performances? A. 105l. for a church-window at Leamington—I am an artist on glass.
MR. RAYNOLDS re-examined. This is my watch and seals—it is the one I had in my possession that night, and this is my silver guard.
MR. PRINDERGAST. Q. Are you a married man? A. I am—and this is the first time I was ever in such a situation.
NOT GUILTY .
NOT GUILTY .
Fourth Jury, before Mr. Common Sergeant.
ROBERT CAMPION . I am a grocer, and live in Margaret-street, Hackney-fields. On the 28th of January, I was in my cart stopping at a gentleman's house, and when I came out I was informed my horse-cloth was stolen, which was safe before—I followed the prisoner, and saw him with it—he threw it over a gentleman's palisade, this is it.
Cross-examined by MR. CLARKSON. Q. Where were you going? A. I had been all round Hackney to several places, I stopped at the fire houses at Hackney and received information from Aldridge—I was taking out my goods.
GEORGE THOMAS . I am a cabinet-maker, and live at Hackney. I was going to one of the five houses—the horse and cart was standing at the gate within twenty yards of it—I saw the prisoner in company with another man—the prisoner took the horse-cloth from the horse's back, wrapt it up in an apron, and walked away with it.
Cross-examined. Q. What time was this? A. About a quarter to two o'clock in the afternoon—I was about twenty yards from him—he was on the same side of the way as me.
(The prisoner received a good character.)
GUILTY . Aged 18.—Recommended to mercy.— Confined One Month.
555. THOMAS COX was indicted for stealing, on the 18th of January, 12 yards of rope, value 12s.; and one hook, value 1s. 6d.; the goods of John Lamont and another.—2nd COUNT, stating them to be the goods of George Povey.
Prisoner. Q. Where did you lose it? A. In Bethnal Green-road, on the left-hand side coming towards Brick-lane—it was about twenty minutes after five o'clock when I stopped the dray there.
six o'clock, I was in Bird Cage-walk, Hackney-fond, and saw the prisoner walking very fast—I came up to him and found this rope round his neck I asked what he had got there, he said a ropec—I asked where he got it, he said he had picked it up in Bethnal Green-road—I saw a hook on it, and said, "Come, this has come from a brewers dray"—he directly burst out crying and said, "It is no use to deceive you, it has come from a brewer's dray"—and said it was through distress he took it—I find he has a wife and six children in the greatest possible distress.
(The prisoner pleaded poverty.)
GUILTY . Aged 41.—Rccommended to mercy.— Confined Four Days.
NEW COURT.—Thursday, February 2nd, 1837.
Fifth Jury, before Mr. Recorder,
556. MARY SIMMONDS was indicted for stealing, on the 16th of January, 1 shift, value 2s.; 2 petticoats, value 1s. 6d.; 1 frock, value 1s.; 1 shirt, value 4s.; 2 blakets, value 12s.; 1 pair of stocking, value 1s.; 1 yard measure, value 6d.; and 1 smelling-bottle, value 1s.; the goods of Jane Williams; and that she had been before convicted of felony; to which she pleaded GUILTY . Aged 54.— Transported for Fourteen Years.
THOMAS BOWTELL . I am a bootmaker, and in partnership with my brother William, at No. 19, Strand. On the 7th of December, the prisoner came and asked to look at some Wellington-boots, he was shown some, and decided upon two pairs, which came to 2l.—he ordered them to be sent to him the following morning, when they would be paid for—here is the book with the prisoner's own handwriting, the address is "Mr. Louch, No. 10, Market-place, Oxford-street, at Mr. Abbott's"—we tent Morgan with them next morning, and told him to bring back either the boots or the money, and if he did not do so I should make him pay for them—he did not bring the boots back, and I made him pay for them.
Cross-examined by MR. PHILLIPS. Q. What was it you lay Mr. Zouch said? A. Send them home in the morning, and they would be paid for—he might say he would pay for them, I believe it was so, and I believe that was all he said—I did not attend to it myself, that was all I heard—he dealt with my foreman, who is not here—Mr. Kettle called upon me some time after, and told me he had money in hand of Mr. Zouch's, and if I had got an order from him, he would pay it.
WILLIAM MORGAN . I am shopman to Mr. Bowtell and his partner. On the 8th of December I was directed to take two pairs of boots for Mr. Zouch, 10, Market-street, (there is no Market-place,) at Mr. Abbott's, a tailor—I took them there, and delivered them to Mrs. Abbott—I told her I had brought two pairs of boots for the prisoner—I said they were 2l.—I was not to leave them without the money—she took them up stairs, and came down and said he was shaving—it was between half-past nine and ten o'clock—I waited ten minutes or a quarter of an hour, and the prisoner came down—I asked him for the 2l.—he did not make any answer, but closed the door in the middle of the passage, and then said he must trouble me to
go with him to Charles-street to get the money—I told him I received no orders to leave the goods without the money—he did not say to what house—I refused at first, but then consented—he said if I did not get the money, I should have the goods back—I said, "I understand you, if I don't get the money I shall have the goods back," and he said, "Yes"—he offered me a note first which I was to take to get this money, and asked me to go to Charles-street to get the money—I told him I received no orders to take any notes, that I was to have the money when I delivered the goods—he said that they had all his property there, and that they paid his bills—he wanted me to take the note, and he wanted to return; but I refused unless he went with me—he said, "You know where Charles-street is, you can go on with the note, I am going back to breakfast"—he was then nearly facing Conduit-street or Regent-street—I said, "No; you promised to go along with me, and I will not go without you do"—we walked up Conduit-street as far as Bruton-street, and then he said he did not like to be dragged about the streets by me, and that he had written that letter to Mr. Kettle for the purpose of his paying me; if I took that to Mr. Kettle, at Lord Lonsdale's, I should be paid—I told him again I received no orders to go—he said, "Has not your master sent there before?"—I said, "Yes"—he said, "Was he not paid?"—I said, "Yes"—he said, "You will be paid too if you take this letter"(the letter was sealed)—I said I wished to know what was in the letter—he said there was no occasion, he had written to Mr. Kettle for this to be paid—I went on and saw a gentleman with his arm in a sling—I said, "Are you Mr. Kettle?"—he said, "Yes"—I said, "I brought this letter"—in consequence of what he said I then ran back, but I could not find the prisoner—I saw the mistress of the house where the prisoner lodged—I went to Marlborough street, and gave notice—the next day a letter came, which I have here—I do not know whose writing it is, but we compared it with the letter he gave me—he had left the boots in his room, and said he would go with me to Charles-street to get the money—I did not know he meant to cheat me out of the money—this thing has greatly injured my character, it being supposed that I wanted to extract money from Lord Lonsdale.
ELIZABETH ABBOTT . I am the wife of John Abbott, of Market-street, Oxford-street; he is a tailor. On the 25th of November, the prisoner took a furnished room in my house—on the 8th of December, Morgan came, bringing two pairs of boots—I took them up stairs to the prisoner—he said he was shaving, he would come down and settle with the young man—he came down, and they went out together—the prisoner returned in half an hour—he remained two or three minutes and then went out—he had not given us warning to go—he had taken the lodgings for a fortnight, that was up—he had not paid—when I went up stairs into his room, I did not find the boots—he left nothing behind him.
JOHN KETTLE . I am porter to Lord Lonsdale, of Charles-street, Berkeley-square. His lordship was good enough to pay the prisoner, through my hands, 25s. a week—he has no authority to draw for more than that—on the 8th of December Morgan brought a paper of the prisuper's writing, which has been lost, desiring me to pay 2l. for the boots—the day before he had sent a messenger, and I sent him 5l. for four weeks—there was none of Lord Lonsdale's allowance in arrear at that time—Mr. Zouch might fancy there might be some in arrear.
Cross-examined by MR. CLARKSON. Q. Is this man defended by my Lord Lonsdale? A. Yes—I have known occasions when he has sent
twice or thrice for the same amount—I pay them in a lump sometimes, and enter them weekly—it is sometimes in arrears—among the papers he has sent there have been sometimes two or three of the same amount and date, and I have torn them up, that has led him into error, and he has accused me of giving him less than I ought—there were two receipts for 2l. 10s., which he said he ought to have received some time before—I have, by direction of my lord, when he has got into difficulties, paid bootmakers, tailors, hotel-keepers, and others different sums of money—after I saw Morgan I told him the prisoner was a very eccentric, whimsical man, but he would be paid—I told him he was a strange man, bat no doubt he would pay him—when I went to the office the last day of the prisoner being in custody 1 offered to pay the money, if he would bring Mr. Zouch's receipts for two weeks—he did riot refuse, but he mentioned about it—I believe the prisoner is deranged at times—he goes about the country from place to place, and we do not hear of him sometimes for a month.
JURY to MORGAN. Q. What did the prisoner say? A. He said my employer had been paid before—the prisoner came about sen months before and said he would have a pair—he wrote a proper receipt then, and his money was due, but it was not due now.
NOT GUILTY .
558. WILLIAM JOHNSON and WILLIAM CONNOR were indicted for stealing, on the 13th of January, I till, value 2s.; 7 half-crowns, 13 shillings, 11 sixpences, 37 pence, and 42 halfpence; the goods and monies of William Walter Reynolds.
ELIZABETH TAYLOR . I lodge in Thomas-street, Clerkenwell, and am single. On the evening of the 13th of January I was coming from the Angel, at Islington, with another young woman—I saw the prisoner, Connor, crawling out of Mr. Reynolds's shop with a till in his hand, and give it to Johnson, who was waiting outside—Johnson dropped it on the iron railing underneath the window—they ran away—I do not know whether Johnson could see me—I went in and gave the alarm.
Johnson, I did not take the till—I was passing the door, and a man said, "Run, or else I will give you a kick." Witness. There was no man there—he took the till and dropped it on the railing.
JANE REYNOLDS . I am the wife of William Walter Reynolds: he keeps a baker's shop in Chadwell-street, Clerkenwell. I was in the parlour, and heard a noise, Elizabeth Taylor told me of this—I picked up the till under the window, outside—35s. in silver and 5s. 10d. in copper were in it then are flat iron railings outside the door, and it was on them—it had been behind the counter.
Connor. There were two young men going by. Witness. I did not see any men.
THOMAS HOBBS KING (police-constable N 248.) I was in Arlington-street, Clerkenwell—there was an alarm of "Stop thief"—the prosecutor's shop is at the corner of that street, in Chadwell-street—I saw both the prisoners running towards the Theatre, about one hundred and fifty yards from the shop—I secured Johnson, Connor ran by me, and was taken by another constable—I went to the shop and received the till—when Connor ran by me he had no shoes on—he was brought into the shop by the other onstable—he requested to get his shoes—they were under the truck at the baker's door—I got them, and he put them on.
was on duty near Sadler's Wells and heard the cry of "Stop thief"—I saw Connor run, and took him to the prosecutor's—he had no shoes on.
JOHNSON GUILTY . Aged 13.
CONNOR GUILTY . Aged 14.
Transported for Seven Years.
THOMAS DICKINS . I keep a chandler's shop in North-street, Bethnalgreen. On the 18th of January the prisoner came for half an ounce of tobacco—while I was weighing it he clapped his hands on the bacon, and asked the price of it—I said it was not for sale, as I had suspicion that he meant to take it—he ran out with it—I ran to the door, and called, "Stop thief," but he was gone across the field—I did not leave the shop far.
JAMES MULLINS (police-sergeant K 1.) I stopped the prisoner in Wellington-place, Whitechapel, about half-past seven o'clock, with the bacon under his coat—that it about ten minutes' walk from the prosecutor's—he was in company with two others—they ran away—I took the bacon, and asked where he bought it from—he said from Cambridge-road.
(Property produced and sworn to.)
Prisoner. It is the first time I did any thing wrong—I had been out of work three months and was in great distress.
(The prisoner received a good character.)
GUILTY . Aged 26.—Recommended to mercy.— Confined Ten Days.
Sixth Jury, before Mr. Sergeant Arabin.
WILLIAM BOREHAM . I am shop man to Alexander Wilson and Son, shoemakers, Crawford-street, Marylebone. The prisoner came and purchased a pair of French clogs—I went to the back of the shop to get the straps, and then she asked the price of a pair of pattens—I saw her put something behind her—she paid for the clogs and went out—I sent the boy after her—he brought her back, and she had a pair of common clogs in her hand—she said, "For God's sake don't be hard with me"—these are the clogs—they are my master's.
EDWARD WILLIAMS . I was sent after the prisoner—she crossed to a butter-shop—I went before her, and saw the two pairs of clogs in her hand—I said "Just stop a minute," and sent for the shop man, and asked if he had sold her a pair of girl's clogs—he said "No"—I took her back, and she threw them down.
Prisoners Defence. I had no thought of stealing them, but I had an old cloak which caught them up—I did not know I had them till I had got into the street.
GUILTY . Aged 40.— Confined One Month.
561. HENRY JOHNSON was indicted for stealing, on the 14th of January, 90 3/4 yards of linen cloth, value 5l. 10s.; 40 yards of flannel, value 45s.; 160 yards of calico, value 65s.; 20 yards of muslin, value 5s.; 18 yards of ribbon, value 4s. 6d.; 36 yards of merino, value 36s.; 18 yards of coloured cotton, value 16s.; 93 yards of printed cotton, value 50s.; 3 shawls, value 10s. 6d.; 4 stocks, value 3s. 6d.; 20 pairs of stockings, value 1l. 6s.; 2 blankets, value 8s.; 2 counterpanes, value 8s.; 1 flannel waistcoat, value 2s.; 1 pair of drawers, value 2s.; 2 pairs of braces, value 10s. 6d.; 7 pieces of tape, value 3s. 6d.; 17 balls of worsted, value 8d.; 24 balls of cotton, value 8d.; 17 reels of cotton, value 1s.; 16 ounces of pins, value 2s. 8d.; 6 handkerchiefs, value 4s. 6d.; and 12 yards of holland, value 9s.; the goods of Thomas Dalton, his master, in his dwelling-house.
THOMAS DALTON . I am a linen-draper. On the 14th of January, I was opening a new shop in Broad-street, St. Giles—it it not my dweiling-house—I had only the back-room second floor and the shop—I never slept there—the prisoner was my shopman—I stocked the shop on the Friday, and he slept there that night—he came to my service on the 12th, at another shop which I have—he removed into Broad-street on the 13th, and I left him in possession of the goods, amongst which were all this variety of articles—he was to commence business on my account—on the 14th, in the morning, I sent another shopman with Mrs. Dalton, and they found the shop not opened—I went myself in the afternoon and found the prisoner on the bed in a state of intoxication—I immediately discharged him, and then examined the stock—I discovered this loss partly on the Saturday night, and on the Sunday afternoon I misted the rest—the amount altogether was about 30l.—I was to give him 40l. a year, and he was to sleep on the premises—I gave information on the Sunday, and he was taken that night—I saw him at Bow-street on Monday morning—he called me aside and said, "Mr. Dalton, you have got every article, you may depend upon it, that I took away from you"—I said, "I think I have except a piece or two of muslin"—"No, "Said he, "you have got all."
JAMES WILLIAM HOLSTON (police-constable F 75.) I had information of this robbery at half-past four o'clock on the Sunday—I made inquiries at a house No. 52, Gray's-inn-lane, which was the direction he gave the prosecutor—I then went to No. 58, and found the prisoner in bed there—I told him he must get up and go with me—I looked under the bed and found two bundles containing a great quantity of property—I found in the other room a large box, I asked him whose it was, be made no answer—I asked him for the key—he refused to give it me—I broke it open and found the rest of the property—I said I wanted him about Mr. Dalton's robbery, and took him with me.
(Property produced and sworn to.)
Prisoner. Being tipsy at the time I committed the offence, 1 beg your
Lordship's mercy, fur the sake of my wife and nine children—I never had a stain on my character before.
GUILTY of Stealing only. Aged 37.—Recommended to mercy by the Prosecutor.— Transported for Fourteen Years.
THOMAS PEARSON . I and my partners are in the silk trade. The prisoner had been our servant for nearly two years—I missed a piece of silk handkerchiefs on the 12th of September—he was then absent, and never returned—we never saw him till about a month ago—we found two handkerchiefs pawned, one in his name, another in that of an accomplice of the name of Kitt—I spoke to the prisoner about them—he said they were our property, but he did not pawn them—that he told the boy, Kitt, to pawn them all, and he did.
JOHN ROADNIGHT . I am a policeman. On the 12th of September I received information, and went towards the prisoner's house with Mr. Smith, one of the prosecutor's partners—we saw the prisoner coming towards the house, and he ran away—I ran after him, but lost him—I went round to the pawnbrokers, and found these two handkerchiefs.
THOMAS PEARSON . These are my property, I have every reason to believe—there is no mark on them, and the parcel which he carried up stairs on the Saturday night was found on the Monday, and there was one piece deficient.
NOT GUILTY .
THOMAS CHARLES TERRY . I am a cheesemonger. The prisoner had been in my employ from two to three months—he took out goods, and received money, which it was his duty to give me on his return—on the 5th of January I sent him out with goods—he did not account to me that day for any money that he had received from Mr. Williams—he came home, then went out with other articles, and then went away—I did not see him for two days, when he was brought back by a neighbour.
MARY DOYLE . I am servant to Mr. Williams, of Brunswick-parade. On the 5th of January I paid the prisoner 8s. 7d. for his master—he gave me a receipt—this is it—(read.) (John Burder, in the employ of the Board of Ordnance, gave him a good character, and offered to employ him.)
GUILTY . Aged 20.—Recommended to mercy by the Jury and Prosecutor.
Confined Five Days.
WILLIAM CLARK CHILD . I keep the Eyre Arms' Tavern, St. John's-wood. The prisoner was ray pot-boy, and received money on my account when he took out beer—I sent a bill of 3l. 18s. 9d. to a customer for liquors—I employed him to receive that on ray account—he had been in my service
about three months—it was on the 1st of December—I never saw him from that time till I gave him in charge.
Prisoner's Defence. I got intoxicated, and lost the money.
GUILTY . Aged 35.—Recommended to mercy.— Confined Six Months.
JEREMIAH DONOGHUE . I keep a shop in Drury-lane. This knife-case was brought by the prisoner on the 2nd of January, in a wrapper—he offered it for sale, for 1s. 6d.—I asked where he got it from—he said from his father, who was a shoemaker—there was a constable in the house, he said if he was telling stories he would take him up—he said he would go to his father's in Clement's-lane—he went out of the door, and ran away—the constable took him.
Prisoner. I never saw the knife-case, and do not know where the shop is.
JAMES WRIOHT . I am a constable. I was in Donoghue's house about nine o'clock at night—the prisoner came in with this case, and offered to sell it for 1s. 6d.—I questioned him where he got it—he said it belonged to his father—I asked where he lived—he said he believed it was Clement's-lane—I asked the number—he said he believed it was No. 6—I said, "I will go to your father's, if he wants to sell it I will buy it of him"—he said he would go with roe, but he looked in my face, drew this wrapper from under the case, and ran away—I pursued him down four streets, and then took him to the office, and this wrapper was found on his person.
(Property produced and sworn to.)
Prisoner. It was not him that stopped me, it was a policeman—I was stopped five minutes before he came, and there was another boy stopped at the same time—the gentleman does not know when he lost it, nor when he saw it last.
Prisoner's Defence. I never saw the box, nor know anything about it—I was going to Clare-market to get my supper, and when I heard a cry of "Stop thief,"I turned round, and a boy gave me a shove, and ran up the street—this gentleman ran past me, and a policeman stopped me.
GUILTY . Aged 17.— Transported for Seven Years.
567. JOHN WARNER was indicted for stealing, on the 11th of January, 4 shirts, value 10s.; 2 handkerchiefs, value 4s.; and 1 pair of shoes, value 3s.; the goods of Francis Wiggs: and GEORGE CURRIE for feloniously receiving part of the said goods, well knowing them to have been stolen; against the Statute, &c.; to which Warner pleaded
GUILTY . Aged 15.— Transported for Seven Years.
a little boy came in and told me—I knew the prisoners, and I ran after them, and took the things away from them—I did not see them near the place—one had the shirts and handkerchief, the other the handkerchief and shoes.
RICHARD HARDING . I am a police-constable. I was passing down the East India-road on the 11th of January, and saw the prisoners standing in a passage—a boy called out, "There is a robbery"—I turned back, and the prosecutrix called, "Police"—I went and took the prisoners—Currie had a bundle, and so had the other.
JOHN KERRY . I saw Currie stand against Mr. Clarkson's, the cornchandler's, which is two or three doors from Mr. Wiggs—I saw Warner come out with a lot of things under his arm—I saw them walk down Poplar-street—Currie received some things, and tied them up in a handkerchief—I ran and told Miss. Wiggs—she told me to run after them—I ran and called the policeman, and then Miss. Wiggs called "Police," and he took them—Currie was ten or eleven yards from the door.
CURRIE— NOT GUILTY .
CHARLES PEARSON . I am shop man to James Herbert Cooke, a poulterer. About half-past seven o'clock, on the 5th of January, I saw the poultry go from the shop-board, but did not see the person who took it—I ran out and called "Stop thief"—I saw the prisoner running with it in his hand—he dropped it—I took it, and caught him—there were two ducks and three dun birds—they were my master's—the officer has the feet of the birds and ducks.
GUILTY . Aged 19.— Confined Three Months.
CHARLES HAGAN (police-constable K 271.) On Friday evening, the 20th of January, I was in the West India-road, and saw the two prisoners coming in the direction of High-street, Poplar—I followed them down the street into High-street—there they loitered about the shop-windows—I followed them till they came near Blackwall—they went down a street—they loitered there, and I lost them—I came back, and found them loitering in High-street again—I followed them—they stopped about Morris's window, where they had stood before—they had changed jackets when they came back to the High-street—I saw East put his hand through the wicket, and hold the bell of Morris's door—I ran over to see what he was doing—he ran out of the shop—Worster was outside, and they ran up the street together—I pursued, and before I got to them I heard Worster say, "Douse it, he is after you"—I heard something rattle—I took East, and on him 1 found four penny-pieces, a sixpence, a wire, and a nail—the wire is such as is generally used for hooking things
Out of a shop-window—I took them to the watchhouse, and then informed Mr. Morries—my brother-offer took the other prisoner—I went to where the money was thrown, but I could not find any thing—it was very muddy and dirty.
HENRY WEEKS (police-constable K 216.) I was with Hagan the whole time—what he has stated is true—they went from shop to shop, and changed dressed—Worster was standing at the window—they both ran off together—I took Worster—some persons had congregated—he was amongst them—I found on him a new knife and 1s. 6d. in silver.
SARAH MORRIS . I am the wife of John Morris—we keep a chandler's shop, on the evening of the 20th of January, two boys came into my shop, pulled my in till out, emptied it, and went out again—I believe there were two, but I cannot say—one came in, he put it on the counter, and then ran away—to the best of my knowledge, there was about 1s. 6d. in it—it was all copper money, I believe—if there was silver in it, it was more than I knew.
Cross-examined by MR. PAYNE. Q. You say two boys came into your shop? A. I only saw one in the shop—the other held the bell at the door—I did not see it—I was in the house. (The witness's deposition before the Magistrate being read, stated, "I cannot say how much was taken out, but there was no great deal in—nothing but a few halfpence—if there was silver in it, it is more than I know.")
MR. PAYNE. Q. Having said before that there was only a few half-pence, how came you to say now there was 1s. 6d. in it? A. There was 1s. 6d., to the best of my knowledge—I do not know whether there was silver in it or no—I did not say before that I could not say how much there was—this is my writing—the paper was not read over to me.
WORSTER— GUILTY . * Aged 15.
EAST— GUILTY . * Aged 16. Transported for Seven Years.
OLD COURT.—Friday, February 3rd, 1837.
Fourth Jury, before Mr. Justice Williams.
JHON NICHLOS . I am a solicitor. The house No. 9, Cook's-court was occupied by myself and partner as offices—the deceased, Ann Broughton, was our servant there for eighteen months—she was the only person latterly allowed to live in the house, that I know of—about three months after she entered my service I found she was married, but I did not know her husband ever slept there, and never but once knew he came there—I did not know where he lived—on Saturday night, the 28th of January, about half-past ten o'clock, the deceased let me out, and shut the door after me as usual—I think she was about thirty-eight or forty years of age—she appeared to be in very good health—she was a strong, hearty, healthy looking woman—I desired her, on quitting the office, to lay the office fire on Sunday, (but not to light it,) as I must be there on Sunday—I went about five o'clock on Sunday afternoon and knocked and rang several times, but could gain no admission—about a quarter to seven o'clock Mr. Lovett, the surgeon, fetched me, and I saw the woman in the kitchen, by the side of the fire-place—she was dead—she was sitting on a chair by the side of the
fire-place, with her head resting against the wall—two policemen, who I took with me, and Mr. Lovett were present—I saw a quantity of blood on the last kitchen stair, and on the stone paving between the kitchen stairs and the kitchen door—I was induced to search the house in consequence of a smell of burning of linen; it was most powerful in the back kitchen, where there was a copper hole—Mr. Lovett was in the house before me—it smelt as if tinder had been made—I examined the house immediately, from top to bottom—there was a remnant of a small portion of tinder found in the copper hole—I saw the officer take it out—it was a very small particle indeed, exceedingly minute—I searched the house the same evening, and discovered two shirts and an apron belonging to the prisoner—the apron is marked with his initials, "R. B.," but the shirts were not marked—they were men's shirts, and washed, but not ironed, rough dried—I have not the slightest knowledge of the prisoner.
JOHN SHARMAN . I am a carpenter, and live in Funrival's-inn-court, Holborn. I have known the prisoner about nine years, and also knew his wife—I cannot tell where he lived in January—I saw his wife about three weeks before this occurrence—on Sunday evening, the 29th of January, about half-past five o'clock, as near as I can judge, the prisoner came and knocked at my door—my niece opened it—I went into the workshop in about five minutes and found him behind the bench, in my workshop, at his chest, which he had left there about a year and a half or two years ago—there were a parcel of books and articles of trifling value in it—when he saw me, he came from behind the bench, and I saw he was very much agitated indeed—I asked him what was amiss, and he told me he believed his wife was dead—I then asked him, "Is she or no?" and he said, "Yes, she is dead"—he then wished me to let my wife and niece go down to her place, at Mr. Nichols's, to let them be there while be went to fetch a doctor and went to the gentleman's house—my wife came in and said she would he down in half an hour—I said, "You had better go down directly"—he waited a few minutes, and she put on her things and went away with him, and my niece also—about half-past nine two policemen came, and I showed them the prisoner's chest—Soper searched it, and took away what he thought fit—I am sure it was within five minutes of half-past five o'clock when the prisoner came—I am pretty regular in my time, and have a clock hanging up—I was at tea at the time.
Cross-examined by MR. BODKIN. Q. How soon after this were you examined before the Coroner? A. On the Tuesday—I did not write down the particular words he used, I trusted to memory.
MARY ANN GRIXON . I am the last witness's niece. I remember the prisoner coming on the Sunday about half-past five o'clock—there was a knock at the door, and I let him in—he took the light out of my hand without saying any thing, and went towards his chest, and told me to go for my uncle—I went for him, and he came into the workshop where the prisoner was—the prisoner had a leather bundle under his arm—I cannot say what it was—I went into the workshop for some coals in about five minutes, and saw the prisoner there with my uncle—he had no bundle then—I cannot tell what he had done with it.
SAMUELLOVETT. I am a surgeon, and live in Clare-street, Lincoln's Inn-fields. On Sunday evening, the 29th of January, about a quarter after six o'clock, ahe prisoner came to my house with Grixon and another woman—he said he wished me to come to see his wife who was very bad with influenza—I went with him directly to Cook's-court—he opened the door, and I immediately
smeltastrong smell as if linen had been burning—it smelt strongest in the back kitchen—not where his wife was—there was a copper in the kitchen—I said to him in the passage, "How long has your wife been ill?" He made no reply—he appeared agitated when he came to my house, and very much flurried—I never saw him before—he went down for light, and came up with it to light me down—I was at the top of the stairs—I followed him down, and the first thing I perceived was a little pool of blood on the stone flooring in the passage, and also down on the bottom stair—I said, "Holloa, how came this blood here"—he said his wife had fallen down the stain on the Saturday evening—I said, "Where is your wife?"—he said, "She is sitting in the kitchen on a chair, fast asleep"—I then went into the kitchen, and saw her sitting in a chair—I felt her hand, and found she had been dead about three hours, from the warmness of the body—the warmth was not entirely gone—there was a fire in the grate, but not a large one—I attribute the warmth to the remainder of life, it could not arise from the fire—the prisoner was holding the can—die close to the body at the time I took her hand—I said to him, "She has been dead about three hours"—he made no reply—I cannot say whether be heard me—I spoke loud enough for him to hear me—I told him to remain there, and I would be back in a short time, while I went to fetch my instruments—in the mean time, I went and told Mr. Nichols—I came back with him and two policemen, about twenty-five minutes to seven o'clock—the prisoner then was gone, and I did not see him again that night—I examined the blood, the larger quantity was on the pavement at the bottom of the last stair, close under the last step—there was about six ounces—there was also some on the last step itself, and that step appeared as if it had been wiped—I should say the blood had not been there above three or four hours—I should say four hours, from the colour, and from the coagulation which had taken place—it was not much clotted, nor of a very deep colour—blood keeps getting deeper and thicker the longer it has been shed—I made a remark to the prisoner at the time about the wiping of the stairs—I said, "How did this happen?"—he made no reply to the question.
Q. What was your question? A. The question I put to him was, "How came the body from the stairs to the chair?"—he told me he took the body from the stain, and placed it in the chair—and that I thought was probably the reason why the blood was wiped from the stairs—that was my conclusion—I did not ask him any thing about wiping the stair—I did not name it to him, nor he to me at all—when I first went in I said, "What is that burning?"—he made no reply—when I came to the body, I did not make any observation as to the state of her head, or any part of her person—I saw marks of violence—I examined the body on the Monday before the Coroner sat—I opened the head and examined it particularly—both wrists were discoloured—that might have been by a fall—that is the most probable cause—a person grasping them violently might produce the same appearance—even a spasm of the muscles might have done it, brought on from the fall—I cannot suggest any other cause—there was a little discolouration on the calves of both legs—it was a very slight discolouration—it might have been done by kicks, or other things—I cannot say what was the cause, a fall or a blow might cause it—I cannot suggest any thing else likely to produce it—there was a large wound of a crescent shape in the hack of the head, about two inches long, into the bone—I opened the head and found a lot of extravasated blood underneath that wound—I did not find any other marks of external injury on the head—I was obliged to dissect the parts to see the extent of the injury—after dissecting it away, and
opening the skull, I found an opening in the lambdoidal suture—after dissecting that carefully off, I sawed the skull open, and found a great quantity of extravasated blood within the cranium on the brain in the posterior part, particularly on the posterior lobes of the cerebrum, and between the posterior lobes of the tentorium—there was about five ounces of extravasated blood pressing on the substance of the brain—some blood also appeared in the base of the cranium—the fracture of the temporal bone was so great about the petrous portion that the bone was broken—bits of it were found in the substance of the brain—there was no external mark except that on the back of the head—there was none on the temporal bone outside—there was a mark all down the right side of the face, and the blood flowed freely from the right ear—there was a discolouration on the right cheek—I opened the thorax and the abdomen—the stomach contained about five ounces that principally fluid—it did not smell of spirits—the stomach appeared healthy—I had the body stripped, and examined it before dissecting it—there were no marks besides those I have mentioned—I found a little adhesion in the pleura, but nothing material—I should say the woman died from the wound on the back of the head—I have no doubt at all that that was the cause of her death—that might have been caused by a fall down stairs, by falling on the right side of the occipital bone, and causing the other bones to fracture—she must have fallen backwards to hare done that, and more on the right side—it might also be caused by a blow backward, by any blunt instrument.
Q. Are you able to give any opinion whether it was more likely to have been from a fall, or a blunt instrument? A. cannot give any opinion either one way or the other—it might have been occasioned by a fall on the stairs.
JURY. Q. Did you say any thing to him about the influenza as he said his wife was labouring under it? A. I said, when I went down stairs, and saw the blood, "This does not look like influenza"—but the prisoner was not there when I made that remark.
COURT. Q. Did you make any observations to the prisoner? A. No, only to myself; there was nobody on the stairs when I made that remark—I did not at any time say any thing to the prisoner about it—when I went down the stairs I said, "This does not look like influenza."
Q. What, to the prisoner? A. Yes—he made no reply to that.
Q. Did you at any time when speaking to the prisoner say, "This is not like influenza?" A. I did not.
Cross-examined. Q. How long have you been a surgeon? A. About five years—I am a member of the college—the prisoner seemed very much agitated when he came to my house—he wished me to come to his wife directly—he did not say she was dying—he said she had the influenza—on examining the body I discovered some adhesion of the pleura—I should say that is not an appearance which usually follows death from influenza; it might terminate in that; it depends upon how long a person has been diseased—the adhesion was an immaterial circumstance.
PATRICK EUSTACE . I am a boot and shoe maker, and live in Little Bruton-street, Berkeley-square. I have known the prisoner between three and four years—he has been working for me at my place for the last three or four months—he was working with me on Saturday, the 28th, up to eight o'clock—I left the shop at seven, and he was there then—I did not know where he lived at any part of the time—I never could learn from him—he told me it was somewhere in the City, in Cannon-street; but I never
could learn what place—I knew his wife—I have seen them together—I saw her last at half-past two o'clock, last Sunday morning; for it was three o'clock when I reached Bruton-street from Cook's court—I saw her the last time at the door of Mr. Nichols' house, when she lighted me out, on the Sunday morning—I had been there from half-past one o'clock—I called there then—the prisoner was standing at the door when I went, rapping at the door, or I believe waiting at the door for her—he bad not been with me, but the bad been with me to my place in Bruton-street; and my wife and I both conveyed her home; and when we got there, I found the prisoner knocking at the door—when I came to the end of the court, I called out to him, and be came to me—his wife was with me then—we all went in together, and went down stairs into the kitchen—we staid there about two hours—I believe it was half-past two o'clock in the morning when we left—my wife remained there all the time—we were talking and joking with the prisoner and Mrs. Broughton—Mrs. Broughton and my wife went out for some beer but could not get it, and brought in half a pint of rum—we drank, about a glass of it altogether—when we went away, I left the prisoner and his wife there—he was in the kitchen, and we left her at the door—she appeared to be in good health and spirits—he was very tipsy—I could not discern that she was so in the least—she had not the least sign of liquor to my view—that was the last I saw of her—I saw the prisoner again on Sunday evening, sometime between five and eight o'clock—I cannot fix the time nearer than that—he came to my house, and was a good while there—I was asleep in bed when he came—I got up and dressed myself—I think that was between six and seven o'clock—I went into the shop to him, sod asked him if it was true about his wife's death, and how did it happen, (I had heard of her death about seven o'clock when I was awoke, but not till then,)—he said it was, and he had come to me to go up with him to Mr. Nichols, to acquaint him with the circumstances of his wife's death—I told him his face was dirty, and to wash himself—he did so; and I told him to comb his hair which hung in wet ringlets, wet with water and soap which he had washed himself with—he put on my coat—he was dressed in a white drab coat—I put on his coat, and went with him—he remarked to me, that there was blood on the sleeve of his coat—I did not notice it much, but he told me he had wiped it, and that it came on his arm when he took up his wife—he was very impatient and very much agitated—I was agitated, and a long time getting ready, and he said he would go without me as I was so long getting myself ready—we went together towards Mr. Nichols's, and as we were going up Conduit-street, I learned from a coachman that it had gone eight o'clock—I waited at a beer-shop while the prisoner went to acquaint Mr. Nichols with the circumstance—I saw him after he came from Mr. Nichols's—he walked with me to the end of Queen-street, Holborn, and there we parted—he told me that he awoke, in the morning and found his wife with her head downwards, and her feet upwards, and she was bleeding very much—he told me that at the house—I had asked him how it happened, when I got collected, after being awoke, hearing she was dead, I asked if it was true, and then asked how it happened?—he said he had lost his best friend, that they were acquainted from infancy—I asked him if she ever spoke afterwards?—he said not, but he spoke to her, and told her when he thought she was recovering, that he would go for a doctor, and she reached out her hand as if to hold him tack, and he thought she was getting a little better; that he turned about then to do something, and when he came to look at her again he found she was
dying—I do not recollect whether he told me at what time he got up—I said, "It is a sad case"—he said he had lost all his hopes in her, a woman he was acquainted with from infancy, and they grew up together—I do not recollect any thing more—this conversation was in my house—he was sober.
Cross-examined. Q. Did they not, as far as your observation went, live together very happily? A. I have seen them together on two occasions, and never saw a couple happier, or speak of each other more highly—I left them that morning on the best of terms—I never saw a man present a greater appearance of concern than he did, when he came to me.
JURY. Q. Do you know whether he slept in the house with his wife? A. I do not.
THOMAS SOPER . I am a policeman. I went to Sharman's house on Sunday night, the 29th, about half-past nine o'clock—I was shown into the workshop, and a box was pointed out to me—it was unlocked—I found a leather apron in the top of the box with marks of blood on it, and two pocket-books, some duplicates, and a silver fruit knife—this is the apron—the marks of blood are inside and also outside—some were wet and some were dry—I went to Eustace's house and brought away a coat—the blood is chiefly at the top of the sleeve—it was all dry then—it was after twelve o'clock—the appearance of it is still very plain at the top of the right shoulder, and also on the cloth.
Cross-examined.—Q. Were you at the house that Sunday evening? A. Yes—the prisoner was not there then.
COURT. Q. Did you take the prisoner? A. No, a constable I left in the house took him—I was at the Station-house when he was brought in, between eleven and half-past eleven o'clock that night—I examined his clothes, unbuttoned his waistcoat, and the inside of his waistcoat was very bloody, on the lining, on both sides—he had a clean shirt on, which had not been ironed—it was in the rough—I asked him who washed for him, and where he lodged—he said he lodged at Mr. Nichols's in Cook's-court, and his wife washed for him—I asked what he had done with the dirty shirt—he made no answer to that question—I asked if he slept at Mr. Nichols's on the Saturday night—he said he did—I asked in what part of the house—he said he was going up into the attic to sleep, but he went into the parlour and sat down in a chair and fell asleep—he said he awoke about eleven o'clock on Sunday morning, and was going down stairs to the kitchen, where he saw his wife lying on the stairs, with her head below the stairs and her feet towards the top, that he took her up and took her into the kitchen—nothing more passed between us—one of his stockings was a little bloody, but he had a corn which had been recently cut, and it might have been from that—I went on the Monday and made further search at the house—I went into the back kitchen, where there was a strong smell of tinder—I raked out the copper hole, and saw some pieces of tinder, as if linen had been burnt in the copper hole—it was a very small piece—I did not find any shirt buttons among it—I could not find the dirty shirt—there was a very strong draught up the flue—any thing would burn fast—the stairs were wooden—they are not steep—they are wide, and have a very good banister—there are ten or eleven steps—there is no cupboard or door at the top of the stairs.
JOHN GIBSON . I am a policeman. I was called in about seven o'clock on Sunday evening to Mr. Nichols's, and remained there—about half-past ten o'clock, a ring came at the bell—I opened the door, and saw the prisoner standing on the step—I caught hold of him and asked his name—I
he said, "Broughton"—I loosened him, and he walked into the room on the ground floor, where I was sitting; he sat down on a chair, and I said to him, "Broughton, this is not the coat you had on when you left the house before"—he said, "No, it was not, "He had been to his master's in Little Bruton-street and changed it"—he asked me then to go down stairs into the kitchen—I told him, no, I would rather sit where I was—he then asked me whether I had teen his wife—I said, yes, I had—he sat a few minutes, and said it was a very bad job, but he did not know how it happened, that he found her lying at the bottom of the stairs about eleven o'clock on Sunday morning when he came down, with her head downwards and her feet upwards, but not quite dead—he then took her up, carried her into the kitchen, and laid her down on the carpet before the fire—he afterwards took her up and sat her on the chair, where I saw her sitting when I first went into the kitchen—I then took him into custody, and took him to Bow-street office, where he was examined, and blood found inside his waistcoat—I did not see the fire in the copper-hole, but I smelt a great smell of fire—I did not find any shirt—I did not observe any blood on the carpet.
THOMAS SOPER . re-examined. There was what is called a drugget in the kitchen—I examined it on the Monday afternoon, and saw a large stain on it, but I could not swear whether it was blood or not; it might have been blood, but it had been trod upon so much I could not say—I could not tell whether the tinder in the copper was from calico or linen—it was very fresh, and lying on the top of the cinders—it appeared to be linen—it was but a very small piece indeed—there was no appearance of a fire having been lighted in the copper that day—there were no fresh cinders—it is my opinion it had been burnt on the coals—if the shirt had been burnt, and all the tinder kept, I suppose there would have been twenty times that quantity of tinder; but I understand there is a very fresh draught in the flue, and if so, a great deal of it might have gone up—there was blood on each side of the prisoner's waistcoat—it would be impossible for him to have a shirt on under it without its being bloody, if the blood was got that night—there was no blood on the shirt he had on.
MARY ROBINSON . I live with my sister in Boswell-court, nearly adjoining Cook's-court—my brother is a dairyman—I knew the deceased by sight. On Sunday morning I was going to Mr. Paton's door, which is No. 10, and there was a woman who I always took to be the gentleman's servant next door—I do not know her name—I believe it was the woman who used to be at Mr. Nichols's—I know I have seen her there more than once or twice, and have served her with a halfpenny-worth of milk—it was just at eight o'clock—she went to the end of the court—she was very tidy—she had a dark gown on, and looked quite clean—she appeared to be quite well—all that passed between us was, "Here is another wet morning, ma'am," and she said, "Yes, we have nothing but wet"—Mr. Nichols's door was standing open at the time—she left it open, and went to the end of the court—I saw her come out of that door.
RICHARD PATON . I live at No. 10, Cook's-court. On Sunday last I did not go out, and have reason to believe I saw the prisoner standing at No. 9, between four and five o'clock in the afternoon, I went out to see whether it rained or not, and observed a man at Mr. Nichols's door, which was not a usual thing, and I looked round and had a view of him—to the
best of my belief the prisoner is the man—I am as certain as I can be of a man I never saw before.
PATRICK EUSTACE re-examined. I did not lend the prisoner a shirt—he came to me in a clean shirt—the deceased's name was "Ann"—I did not notice whether she had a dark gown on when I left her—I saw her after the it—quest, but she had then only a sheet thrown over her, she was not dressed—the prisoner's coat and waistcoat were not sponged or wetted at my house—he told me the blood came on the sleeve of his coat, and he wiped it—he had the same waistcoat on as has been produced.
JOHN GIBSON re-examined. When I saw the woman sitting in the chair she had a dark gown on; whether it was black, I cannot say—she had no cap on, nor apron—there was a cap lying on the dresser, covered with blood—it appeared a pretty good gown, but I did not examine it.
THOMAS SOPER re-examined. There is a door-post going into the back kitchen, about a yard and a half from where the blood was—there were two streams of blood on that, going down on the door-post—I did not see it till Monday afternoon; it was then quite dry and black.
JURY. Q. Did you search the house to see if there was any instrument to inflict a blow? A. Every part of it, but found none—the blood had run down the post—it appeared to me as if somebody had been set up against the post—the blood at the bottom of the stain was not quite black on Monday.
SAMUEL LOVETT re-examined. There were no external marks of violence on her back—I examined to see—I have no means of knowing whether the blood on the brain had come suddenly, or been occasioned by external violence—she was of a very full habit of body—apoplexy might cause her death—I should say she was not a likely subject for apoplexy, because she had been, I believe, in perfect health for three years, and had never been known to have a fit—there was nothing in her formation to induce me to say it was apoplexy—I cannot form any opinion whether the coagulation of blood on the brain was from violence or apoplexy—I should say it was from external violence—that is my opinion.
MR. BODKIN. Q. Supposing her to have been seized at the top of the stairs with a fit of apoplexy, and to have fallen, might the appearances you saw have been produced? A. Yes, something similar to the same—the stair-case is rather winding at first, but afterwards comes down straight—the bottom of the stairs would be about the length of her body—if she had fallen from the curve, and her head alighted on the bottom step, that might have produced the injury I found—I observed the blood on the door-port—it was a very small quantity—it had not been done, I should say, eight hours when I saw it, which was on the following morning—it was not black—it was more like a splash than any thing—it was a little streak about the site of a quill—I am sure he said his wife had fallen down on the Saturday night.
NOT GUILTY .
Third Jury, before Mr. Recorder.
FRANCES STEEL . I am the daughter of Thomas Steel, who is a tailor, in Gray's Inn-lane. On the afternoon of the 3rd of January, I saw the prisoner and another—they passed the shop, returned, looked in, and then came in—the prisoner asked me the price of a fustian coat—I went to the parlour to ask my brother the price, and returned directly—the other
person was then gone, but the prisoner remained; and directly I went into the shop, he went out—he closed the door almost, but I put my arm between, and he closed it on my arm, which prevented my following him for a moment—he had bought nothing, and had not waited; for my answer about the price of the coat—my brother went after him directly, and he was brought back in a few minutes—we missed a coat from off some drawers in front of the shop—the shop-door was left open while the prisoner was there—his companion could go out without having to open it.
Cross-examined by MR. PAYNE. Q. Where were you standing? A. Near the window—I am certain they were the same persons looked in at the window—I was doing something at the window at the time—I saw the prisoner leave the shop—he had not got the coat—a policeman brought him back—there was no cry of "Stop thief" before he left the shop—they had hardly been in the shop any time, before the first man went out.
MARY ANN STEEL . I was in the parlour when my sister came to ask the price of a coat—I looked into the shop, and saw, the prisoner and another man—I saw his companion go out with a coat under his arm—I called out, "He is gone"—the prisoner directly ran out of the shop, and pulled the door after him; but it would not close, as my sister's arm was between it—I ran out into the street—one went to the right, and the other to the left—the other man was three or four doors a—head of the prisoner—I followed the man who had something, and saw him throw the coat across the road—I picked it up—he escaped—my brother went after the prisoner—when he was brought back to the shop, he said he could have a character if he would allow him to send for one, and he hoped they would forgive him—I think that was what he said.
Cross-examined. Q. You are not quite sure about the words he used? A. Not quite.
EDWARD THOMAS STEEL . This coat is my father's—I was in the back room, and saw the two men come in—my sister left the shop, and came into the room—I was going into the shop, and saw the other man leave with the coat on his arm—when the prisoner was stopped, he said, "I have got nothing"—he had got about 120 or 150 yards from the shop, and was running—when he was brought back, he cried, and went on his knew, and said he was innocent; that he could send for a character, and hoped I would forgive him.
Cross-examined. Q. Did your mother say, "He is not the thief, let him go, I believe him to be innocent?" A. I believe she was frightened at the moment—I do not know what she said—I did not hear her say so.
JAMES BAKER (police-constable E 23.) The prisoner was given into my custody—he said he was not the thief—he had got nothing about him—he fell on his knees in the shop, said he was innocent, and hoped they would forgive him.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY . Aged 20.—Recommended to mercy.— Confined Six Days.
GEORGE HUTCHINSON . I am shop man to Joseph Jackson, a linen-draper, in Shoreditch. On the afternoon of the 12th of January, the prisoner came into the shop about four o'clock, and asked me to show her
some calico—I saw her put her hand on a piece—I turned round, and watched her for about five minutes, and saw her put it under her cloak—she was then going to the door—I told my employer, and he went and asked her what she had under her cloak—she said, "Nothing at all"—I immediately pulled it from under her cloak, sent for an officer, and gave her into custody—she had got within a yard of the door.
JOHN M'GUIRE (police-constable H 166.) I went to the prosecutor's shop on the 26th of January—Hutchinson produced the calico to me—the prisoner told me, as we went to the station-house, that she had purchased a yard of calico, and paid for it, hut it had not been cut off—I found only three farthings and a penknife on her.
GUILTY . Aged 27.— Confined One Month.
NEW COURT.—Friday, February 3rd, 1837.
Sixth Jury, before Mr. Recorder.
573. ALICE LEWIS was indicted for stealing, on the 19th of January, 1 pillow, value 1s. 6d.; 1 sheet, value 1s. 6d.; 1 tea-pot, value 2s. 6d.; 1 dressing-case, value 3s. 6d.; 4 ornaments, value 2s. 6d.; and 3 dishes, value 2s.; the goods of Alexander Arthur.
ALEXANDER ARTHUR . I am a sail-maker, and live at Stepney Cause-way. The prisoner occupied a furnished room in my house—she came in December—I missed some things from her room, and procured a policeman—I found the bed cut open, and half the feathers taken out—I missed these articles, and asked what she had made away with them for—she said she would try and redeem them again if possible.
JOSEPH MECKLESFIELD . I am shopman to Mr. Ashbridge, of Broad-street, Ratcliffe, a pawnbroker. I produce four images and one dish, pawned on the 11th, 14th, and 19th of January by the prisoner for 2s. 4d.—here are two of the duplicates produced by the officer.
HUGH HENRY CAMPION . I live with Mr. Tryett, in High-street, Shad-well. I have two dishes, a sheet, a dressing-case, and tea-pot—the dressing-case and tea-pot I received from the prisoner, and the counter-part of the other duplicates are here.
ALEXANDER ARTHUR . This is my property, they were in the prisoner's apartment—she said she was married—a young man lived in the same room with her—I know she took them, because she acknowledged pawning them—I do not know whether she might not take them in the presence of her husband—I have found out since that she is not married—I have not examined the church register.
Prisoner's Defence. My landlady lent me some things to pledge, unknown to her husband, and she told me I was welcome to take any things and pawn them, they being her's—I was to do some washing for her, and not being able to do it, she told her husband—I pledged them with my own shawl—it was the greatest distress.
ALEXANDER ARTHUR re-examined. She did not tell me my wife had allowed her to pledge any thing—the prisoner used, while the family were poorly, to do things in the kitchen—they had no quarrel that I am aware of—it was the prisoner took the lodgings, not the man.
GUILTY . Aged 25.— Confined One Month.
574. BRIDGET HENRY was indicted for stealing, on the 31st of December, 1 shift, value 5s.; and 1 handkerchief, value 5s.; the goods of John Nuttall, her master.—2nd COUNT, stating the shift to belong to Hannah Barnett, and the handkerchief to John Waller Pugh.
JANE NUTTALL . I live in Francis-street, and carry on the mangling holiness. The prisoner was with me four days in a week—she remained till the 31st of December—it was her business to turn the handkerchiefs and shifts in the mangle—I saw her that day unfolding a bundle sent from Mrs. Pugh's—I told her not to undo it, as she would mix the things—I had some suspicions, and had her taken into custody—my husband's name is John.
ALFRED DUMBRELL . I am apprentice to Henry Harrison, of Wardour-street, Soho. I produce a handkerchief, pawned on the 31st of December, by a female, who gave the name of Henry—I have no recollection of the prisoner's person—this is the duplicate we gave first.
WILLIAM METCALFE (police-constable C 133.) I took the prisoner, and asked her where she lived—she told me at No. 13, Hopkins-street—she did not describe what part of the house—I did not take her there, nor get any key from her—I found in that house thirteen duplicates, two of which relate to the property now produced—I was ordered by the Magistrate to go there the next morning—she was committed at seven o'clock at night.
Prisoner's Defence. She gave me these things to pawn for her, and told me not to let her husband know of it, but to put my name on the things—the told me not to tell any person, and to take care of the tickets till she called on me for them—she told me to pawn the things at two pawnbrokers that were convenient to her—I returned the money, and she sent me for six pennyworth of brandy—she told me to get a person to come to my place of work—I brought her a servant in my place, she told me she would give me in charge, and I went with her to the office.
JANE NUTTALL re-examined. I did not give her these things to pawn, nor did she give me the money—I never saw either of those articles in the bundles—my mother died suddenly, and I was called for suddenly to attend her—the prisoner acknowledged taking them at Marlborough-street.
GUILTY . Aged 22.— Transported for Seven Years.
MR. ELLIS conducted the Prosecution.
Houghton-street, Clare-market. On the 31st of December the prisoner came for a glass of gin, which came to 1 1/2 d.—he offered me a shilling I laid it under the recess, and perceived it to be a bad one—there was no other money where I laid it, I am quite sure—I went to the front door and he ran away at the side door—I pursued and took him—I gave the shilling to Mills, and marked it.
JOHN JONES . I keep the King's Head, in Compton-street, Soho. At half-past twelve o'clock on the night of the 4th of January, I served the prisoner with a glass of gin, which came to 1 1/2 d.—he offered me a shilling—I took it, and perceived that it was counterfeit—I said, "This is a bad shilling"—he said, "Is it? I know where I took it in change," and he immediately put his hand into his waistcoat pocket, and gave me a good one—he had taken the other from his fob—the moment I saw it was bad, I put it on a shelf under the counter—there was no other money there, I am certain—I gave him change for the good shilling—after he drank his gin, he held his hand over the counter, and said, "I want my shilling"—I said, "You will get no shilling of me, I never give bad money back again"—he was very insolent—I went round, and said, "I shall give you in charge"—I took up the shilling and went to the door, and called the police, and while I did that, he endeavoured to escape—I pushed him inside, and kept him till the officer came—I then marked the shilling, and gave it to Berry.
Prisoner. When he called the policeman, he put it into his right-hand pocket, amongst a handful of silver—he had a bad sixpence at the same time, and picked this out, the policeman said, "You mark it," and he went round and marked it—I had been drinking at Mr. Broad's public-house, and he gave me change for a five-shilling-piece. Witness. I marked it at the suggestion of the policeman, but I had not mixed it.
GEORGE BERRY (police-sergeant E 16.) I received a counterfeit shilling from Jones—he gave it me from his right hand, and I saw no other money—I did not see him put his hand into his pocket—the prisoner gave me the name of John Smith.
JOHN FIELD . I am inspector of coin to his Majesty's Mint, and have been so many years. These are both counterfeit shillings in all respects—they are made of Britannia metal, and cast from a die produced by a good shilling—these are not from the same mould (the moulds are made of plaster of Paris) when they get dirty, they appear like old silver that has been in circulation.
GUILTY . Aged 17.— Confined One Year; One Month Solitary.
MR. ELLIS conducted the Prosecution.
RICHARD GREAR . I keep an oil-shop in Manchester-street, Waterloo-Town. I know the prisoner from her coming to my shop—on the 23rd of December, about ten o'clock at night, she came for a quarter of a pint of oil, and a quarter of an ounce of tobacco, which came to 2 1/4 d.—she offered me half a crown—I said I did not think I had got change—I thought it looked suspicious, but I did not say so—she said she could take a shilling's worth of halfpence—I gave her a shilling, and the rest in halfpence—she did not
count them, but went out as quick as possible—there was nothing in the till betides that half-crown but two sixpences—after she was gone, her manner convinced me it was bad—I took it out of the till and followed her, but did not find her—I went back and put the half-crown into my pocket, in a piece of paper—it has since been kept separate—between that and the 4th of January I saw her about four times in the shop—I pointed her out to my wife, to be careful of what she took of her—I took two bed half-crowns in one week, and if I had told her, she would naturally deny it—I was watching for her uttering a second; as she had been successful in passing one, I said she would come again—she came on the 4th of January, and purchased the same articles—she tendered me half-a-crown—I saw it was one of the same sort—I locked the door, and told her I should give her in charge, she ought to be satisfied with coming once, and getting off—she said she would pay me for the articles, and would fetch her brother, but I sent a girl for a policeman—while she was gone, I opened the door to look for her, and the prisoner ran out—I followed, and seized her—the last half-crown I gave to the policeman, and the other I have here—after we stopped a quarter of an hour, she said there was no policeman coming, and tried to make her escape again—she said she would not be kept by me.
Prisoner. When I gave him the half-crown, he dropped it on the ground. it was ten minutes before he found it—I said, I knew where I took it, and I would fetch him the money—I took it at the Cornwallis, Bethnal-green-road. Witness. No, she did not—she put it on the counter—I took it up tad sounded it, and never let it go out of my hand, till she knocked it out in trying to make her escape—she mentioned about the Cornwallis before the Magistrate, but not before.
MR. FIELD. These are both counterfeit, but not from the same mould—they are made of Britannia metal.
GUILTY .* Aged 21.— Confined Twelve Months; One Month Solitary.
JOSEPH DEANE . I live at Shepherd's-bush, in Hammersmith. The prisoner came to my house on the 7th of January for half a pint of ale—he put his hand into his pocket and pulled out three shillings, one of which he threw down upon the form—I took it up and went to the bar, and got sixpence and five pence in halfpence and gave him—I did not look at the shilling at the moment, but in a very short time I received information—I had put the shilling into a tin canister in the bar, in which was no other shilling—I went to look at the shilling immediately, and found it was very bad—I sent for an officer and had the prisoner taken—he was then in the tap-room cooking two eggs—he was there a quarter of an hour, but I discovered the bad shilling in less than two minutes—I let him eat his eggs while I sent to the station—before the policeman came he went away, and I followed him—on going up the road I met the policeman and gave him in charge.
HARRIET PETERS . I live in Hope-terrace. Notting-hill, kensing-ton. The prisoner came to my house on the 7th of January, about twenty minutes before eleven o'clock, and called for a penny loaf—he threw a shilling on the counter—I took it up and found it was a very bad one—I bent it nearly double; but my husband was not at home, and I was
afraid to detain him—he reached his hand over and took the shilling from me—he did not pay me in any other way, nor take the bread—he left directly—I sent word to Deane that he was passing bad money.
JAME BARNES . My husband is a dairyman—we live in Mary Ann's-row. On the 7th of January the prisoner came and asked if I had any hareskins or rabbit skins—I said, no—he turned round and said, "How do you sell your eggs?"—I said, "Two for two-pence halfpenny"—he bought two, and put down a shilling—I bent it a little—I was not positive it was a bad one—I gave him change, and he went out—I have not got the shilling—he took it of me again—I said, "This is a had shilling"—he said, "I did not know I had a bad one"—he came hack to the shop and gave me a good one and took the bad one—I bent it in two places not quite back.
Prisoner. After I went from Deane's house to the station-house it wanted about a quarter to eleven o'clock—I had been there a quarter of an hour—I was not in this woman's house at all—what time was I there?—Witness. I believe it was between ten and eleven o'clock—I am sure the prisoner is the man—I live hardly a mile from Mrs. Peter's.
JAMES STEEL (police-constable F 148.) I took the prisoner on the 7th of January, as near eleven o'clock as possible—it would not take him more than twenty minutes to go from Barnes' to Peters—I found on him one four penny-piece, three sixpences, two shillings, and a half-crown but no bad money whatever—he had got about a hundred and fifty yards from Deane's—I have the shilling that was paid to Deane.
MR. FIELD. This is a counterfeit shilling.
Prisoner's Defence. I am a mat-maker, and the Tuesday before I was taken into custody I received 14s. and took this among them, I did not know it was bad.
GUILTY . † Aged 50.— Confined One Year; One Month Solitary.
578. MARY DOYLE was indicted for stealing, on the 10th of January, 1 bed, value 3l.; 1 bolster, value 12s.; 2 sheets, value 6s.; 2 pillowcases, value 2s. 6d.; 2 blankets, value 4s. 6d.; 1 counterpane, value 2s.; 1 set of fire-irons, value 3s.; 1 pillow, value 4s.; 1 1/2 yard of calico, value 1s.; and 1 flat iron, value 1s.; the goods of Jane Smith.
JANE SMITH . I am a widow, and live in Earl-street-east, Lisson-grove. The prisoner and her husband lodged in a back room of mine on the second floor—it was furnished—her husband went away on Wednesday, the 4th of January—he was with me last Wednesday week—he was confined in White-cross-street during the time this depredation was committed—when I took the prisoner he had been some days absent and he was away a week after she was in custody—I think he was away three weeks—I did not see the state of the apartment on the 4th—on the 13th the prisoner came home very tipsy—she went up into her own room—from the cries of the child, a lodger went into her room and undressed the child, she pulled the dimity bed furniture on one side, and found the bed was gone—on the Saturday morning, the 14th, as she was coming down, I went up stain and met her, and went into her room, and missed all the articles—I asked what had become of them—she said she was very sorry, but she had pledged them—I mentioned the things to her and said, "You cruel woman, how came you to rob me to?"—she said, "Don't be angry with me, they are safe you shall have them again"—I asked if her husband knew of these things—she said he knew of some of them, but not about the bed—I asked when she took the bed, she said, "On Tuesday morning"—that would be the
10th of January—the remains of the bed are here—she had taken about half the feathers out before she pledged it—I asked her if she had got the money that it had produced—she said, no, she had not—she gave me eleven duplicates—I gave her into custody.
GEORGE OLIVER (police-constable D 35.) Mrs. Smith gave the prisoner into my custody—the prisoner said hoped Mrs. Smith would not be angry, she would write to the Marchioness of Angeleses, and get the money, and get the things out—these are the duplicates—one is for a bed.
GEOREGE WILLIAMS , I am a pawnbroker. I live with Mr. Gideon, of Stafford-street—I produce a bed, pledged on the 10th of January—I have some other articles, pledged before the 4th of January—the fire-irons were pledged since that—the bed was pledged for 12s. by the prisoner.
Prisoner's Defence. My husband was arrested—I and my sick child were left in the greatest desitution—i was inducted to pledge the articles, but not with an intent to cheat or defraud.
GUILTY .* Aged 33.— Confined Six Months.
MR. PRICE conducted the prosecution.
GEOREGE ROUTLEGE . I assist in the shop of Messrs. Richard Burnett and Co. on the 13th of January, one of the young lads hearing the string at the door crack, called out, "There is a piece of print stolen from the door"—I ran out—There had been two pieces of printed, cotton at the door—I had seen them about ten minutes before—I turned up? James-street, and saw the prisoner running across the road with this piece of print over his arm—it had been hanging at a the door—he was apprehended by a stranger—I saw him drop it—I pursued him, and left print in the street—it was picked up by a stranger, and given to the porter—he took it back to the shop—I took the prisoner to the shop—he begged very hard to be allowed to go and beg Mr. Burnett's pardon—here are 17 1/2 yards of print.
Cross-examined by MR. DOANE. Q. Had you your eye on the prisoner from the time he dropped the print? A. I had—I am quite confident he is the person—we have large quantities of goods hanging down under the piazzas in the day-time, but this was inside the doorway—it was outside the inner door—this was a little after eight o'clock in the evening—any body outside might put their hand in and take it, but they must come into the porch.
(property produced and sworn to.)
GUILTY .* Aged 19.— Confined six Months; Two Weeks Solitary.
HENRY WILLIAM HEMPSTEAD . I am shopman to Thomas Nicholls, of Gray's Inn-lane, a pawnbroker. I missed this pair of trowsers from the shop counter on the morning of the 17th of January—the prisoner had been employed about the premises to fetch errands.
On Tuesday, the 17th of January, the prisoner brought these trowsers to pledge—he put them on the counter, but did not say any thing—I saw a ticket on the top, and on finding that, I sent to Mr. Nicholls.
Prisoner. I throw myself on the mercy of the Court—I came from Sebastian in Spain, and received an injury there, which renders me wholly incapable of doing hard jobs.
GUILTY . Aged 28.—Recommended to mercy by the Prosecutor. Confined One Month.
Fifth Jury, before Mr. Sergeant Arabin.
MESSRS. CLARKSON and DOANE conducted the Prosecution.
JAMES SWAN . I am servant to William Lambert, and bind his hay—he lives at Finchley. On Monday, the 9th of January, I bound about twenty loads out of a rick of hay—there was one truss that I had made a notch in—I had cut part of it off, and part of it I had left in—that was so on the Monday evening—I did not see the rick again till Wednesday morning, the 11th—I have seen some hay produced by Gin and the officer, and consider it is the same hay that came from that rick—nothing can be more alike—there was one truss that had the notch in.
Cross-examined by MR. PAYNE. Q. You found part of a notch? A. Yes—I had left a little bit on one corner of the trust—the shape of the piece I bad left on the rick was square, about four inches, sticking a little out—the notch in the part that was brought back was exactly as it was when I left it—I cut a notch on the stack and trust—there was something sticking out on the truss which I left on the stack—I had not bound it.
BENJAMIN GIN . I am bailiff to Mr. Lambert. I know the prisoner very well—his premises are 150 yards from Mr. Lambert's—I was in the yard that evening between five and six o'clock, the hay was all right then—I went the next morning, and nine or ten trusses were gone—I found the track of a cart from the rick-yard to the high road—the premises are not above five yards from the part of the high road into which I traced the traces of the cart—they had to come out of his premises—those tracks agreed with the tracks that had come from the rick-yard—the prisoner was taken into custody, and in consequence of information I went to the house of Madden a cow-keeper in Tabernacle-square on the Thursday with Smith—I went up into a loft in his premises, and saw some hay there—I knew the quality and description of my master's hay—I put some hay out of the loft, (there was some there that was not our sort—I did not take that,) I found six trusses of our sort—I took two of them home, and four I left behind—they were afterwards shown to Swan, the hay-binder—they were cut away very roughly—we made a comparison of the stump of the hay-stack that was left with what I brought away, and it corresponded in all respects—I saw the notch in the hay before it was lost—and saw it when the truss was found.
Cross-examined. Q. How came you to so to Madden? A. The Magistrate
sent me, as the prisoner said before the Magistrate that he had told hay to Madden, of No. 10, Tabernacle-square—I should not hare gone except he had mentioned it—I took two trosses from the loft, and Mr. Smith locked them up—the part with the notch on it is here—it is good hard hay—when I examined it in the loft I did not say I thought it was not my master's—I knew it was; the first hay that was shown me by Mr. Storton, I said I thought was not my master's—I did not say that of the whole.
COURT. Q. You know the different qualities of hay? A. Yes, well the two trusses I took away, and the four I left, tallied, and appeared of the same quality as the stump remaining—there cannot be any thing more alike.
JOHN SMITH . I am a police-constable. I was called into the rick-yard on the Wednesday morning—I saw some tracks of a horse and cart—I traced them into the main road, and I traced tracks of a cart and footsteps from Moss's, they corresponded with those from the rick-yard into the main road—there were several tracks in the main road—I got a warrant, and went tad searched the prisoner's premises—I took him into custody—I told him it was for stealing hay—he said he had not been up to London with hay at all, bat had been up for the purpose of fetching coke down—I told him it was no use for him to deny it, as I had information that he had been up to London with hay—he gave me no other account that night—but he said when I took him into custody afterwards, that he had been up with hay; but he would not tell me that night where he had sold it—I said as an honest man, he would give an account who he bought it of—he would not satisfy me, but said it was his own hay—I then asked who loaded it—he said he loaded it himself—I said it was impossible for any man to load half a load of hay on his premises without making any litter—I told him I should take him up on suspicion—I locked him up, and the next morning, when I was going before the Magistrate, he wanted to say something to me—I said he had better reserve what he had, and say it to the Magistrate—and in consequence of what he said to the Magistrate I went to the premises of Madden in Tabernacle-square with Gin—I saw Storton, I did not go into the loft, I saw Gin go in—I received some trusses of hay—I weighed them and they were very short of weight—having observed the footmarks of a man, I took off the prisoner's shoes the night I took him into custody (Wednesday)—I found the marks corresponded in every respect—the half-tip of the heels was iron, and there were seven nails on the one shoe, and eight on the other; which corresponded exactly, and there was a piece of leather across the toe that corresponded with the impression on the ground—I gave tack the shoes—I demanded them again, and that cross piece of leather was taken off, and the tips, which were new.
Cross-examined. Q. Are you any thing else but a policeman? A. No—I belong to the horse-police—I could track the cart from the prisoner's premises into the high road, and as there had been so much traffic there, I could only track it in different places—it was a light chaise cart—the prisoner denied at first that he had taken hay up to London, but before he was locked up, he said he had been up with hay, but would not tell me that night who he sold it to—this is my writing to these depositions—(the witness's deposition being read, did not mention hit comparing the prisoner's shoes with the footmarks)—I did state about his shoes the first time, but there was no deposition taken the first day, on the second day I would have stated more, but they told me it was not evidence, and they did not put down all I said—I considered it was not my duty to correct the
Magistrate—I took the prisoner's shoes off on Wednesday night, when I took him into custody, leaving him in the custody of another officer; I returned again in less than an hour, and returned the shoes to the prisoner—I did not say they were not what I wanted—there were the footmarks of three people, but his shoes corresponded with one of the three—I asked him if he had not got other shoes with nails on them—he then said he had not—he was away a short time—I found him again at his own house in about an hour and a half.
MR. CLARKSON. Q. Were the tracks of the cart from the prisoner's premises, of the same description as those from the rick-yard? A. They were.
WILLIAM STORTOM . I am in the service of Mr. Madden; he lives in Wood-street, Tabernacle-walk. On Wednesday, the 11th of January, about six o'clock in the morning, the prisoner brought eighteen trusses of hay in a little light cart—he put it out of the cart, and I took it from him and put it into Mr. Madden's loft—I had some other hay there—my matter has bought hay before—I cannot tell whether these trusses were regular weight—some of the trusses my master bought of the prisoner were abort of weight—Gin and Smith came in the afternoon, about three o'clock—my master was not in the way—Gin went into the loft and brought some trusses down, and took some away.
Cross-examined. Q. Did you show them all the hay that was in the loft? A. Yes—one of them said he did not think it was theirs—I do not know which—I do not know whether that applied to all the hay—I shoved them all that was in the loft. (John Pearce, a bricklayer, of Finchley; Henry Whale, a fanner, of Highgate; Thomas Weldon, a day-labourer; and Susannah Moss, gave the prisoner a good character.)
GUILTY . Aged 48.— Transported for Seven Yean.
MICHAEL CALLAN . I lived with Emma Davis, who keeps the Distillent' Arms, on Great Saffron-hill. On the 8th of January, at a quarter before twelve o'clock at night, I saw the prisoner go into the yard and come in with the cocks sticking out of his pocket—I went round and seized them—he took hold of me by the collar, and we struggled some time—I pushed him against the table, and kept him there till the policeman came—I had seen the cocks safe a quarter before twelve o'clock—he came in and rolled about and asked me for a light—these are the cocks and pipe.
Prisoner. I had got a little intoxicated—it is my first offence.
GUILTY . Aged 29.— Confined One Month.
I keep a shoe shop in Playhouse-yard, St. Luke's On the 25th of January the prisoner and three more came into the shop and looked at some shoes—I told them I did not want their custom—they went away, and 1 missed a pair of shoes—they came a second time, in about an hour, and I said I would thank them to go away—one said he wanted a pair of shoes—I said, "I dare say you do, but I don't want your custom—they turned away—I looked and saw the prisoner bad got on his feet, the shoes I had lost—I followed them—they mended their pace, and I could not catch them—I went to the end of the yard—I stopped there, and said a boy had gone away with my shoes—the policeman came up and went and brought the prisoner back with my shoes on his feet—they are marked inside.
Prisoner. I bought them the day before in Petticoat-lane—how can the know they are hers? Witness. There is my mark inside—my husband repaired them.
Prisoner. When the shoes were taken off there was no mark on them—I bought them of a Jew—there were six more pairs much like them, and they all had yellow linings.
GUILTY . Aged 15.— Transported for Seven Years.
584. THOMAS ROSEVEAR was indicted for stealing, on the 25th of January, 2 candlesticks, value 4s.; 1 tea-pot, value 3s.; 2 tumblers, value 2s.; 3 ornaments, value 2s.; 1 pair of shoes, value 1s. 6d.; 1 mustard-pot, value 1s. 6d.; 1 snuffer tray, value 6d.; 1 basket, value 6d.; 1 wine glass, value 6d.; and 2lbs. of bread, value 2d.; the goods of George Hill, his master.
GEORGE HILL . I am a shoemaker, residing at Edmonton. The prisoner was brought to me by a man in distress, and I gave him work—he remaned with me about eight weeks, and lived in the house with us—when I got up, on the morning of the 25th of January, I misted this property from the front room—the prisoner was gone when I got up—I got on a coach and overtook him at Kingsland, in a cart, with the property.
Prisoner. I was paid so low for my work I could hardly get my living—I could get a place in London, I knew, if I could get a few clothes; and therefore I got up in the morning and took these things.
(The prisoner received a good character.)
GUILTY . Aged 13.— Confined Two Months; Fourteen Days Solitary.
GEORGE HUTCHINSON . I keep a slop-seller's shop in Ratcliffe-highway. About half-past seven o'clock in the evening of the 13th of January, I was in the room adjoining the shop, and I heard a coat jerk off the bars—a young man called out, "Some one has stolen a coat"—I got up, and misted it—my boy was gone in pursuit—this is it—it has my private mark on it.
JAMES HUNTER . I was passing the shop, and saw two young men; one in the act of taking the coat dowu and delivering it to the other—I lost sight of them, and gave information—I believe the prisoner was one of them.
GUILTY . Aged 20.— Confined Three Months.
THOMAS GIDDENS . This bridle was found on one of my horse—I bought it of the prisoner, about the 14th of September, for 2s.—he said a man had been up to Barnet fair with a horse, and gave him the bridle, and said he would not take it home with him—I live at South Mimms—I knew he lived with the prosecutor.
Prisoner's Defence. On the 13th of September I went into the black-smith's shop, and a man asked me to buy this bridle—he said he had it of a man who had brought a horse to Barnet fair.
GUILTY . Aged 21.—Recommended to mercy by the Prosecutor, who promised to employ him again.— Confined Five Days.
ROBERT DAWSON . I live with my parents in Wardour-street. On the 22nd of January I saw this woman with this pail half full of water—the came down the place—I told her it was my mother's—she said, "O, is it?—I did not know, or I would not have taken it"—I took it from her and had her taken.
——DAWSON. I am the wife of Charles Dawson. This is my pail—it was taken from my door, half full of water, from Downes's-place, where I live—I do not know the prisoner—she was about 300 yards from my house when she was taken.
GUILTY . Aged 66.— Confined Three Months.
WILLIAM HOUSE . I am servant to Mr. William Phillips. The prisoner was his carter—I sent him with a ££5 note to change to pay the labourers—he never brought it to me—he went away, and I heard him say, after he was taken, that he changed it, and wrapped four sovereigns in a bit of paper, and put it into his pocket, as he thought, but he was not certain whether he put it in, or on one side; that he then went to a shoemaker's shop for a pair of shoes, and on returning home he felt, and the four sovereigns were gone, that he was then ashamed to return home, and went off with the rest.
Prisoner. It was so, and I was ashamed to go back.
GUILTY . Aged 26.— Transported for Seven Years.
January, I fell in with the prisoner, in Crispin-street, carrying these two lamps—I passed him, returned, and said, "What have you got there?"—he said, "Lamps"—I said, "Where did you get them?"—he said he picked them up in Petticoat-lane—I took him to the station-house, and inquired for the owner, who came and identified them.
JOHN STEVENS . I am a coachmaker. I lost these lamps from outside my coach-house door, in Philpot-street, Commercial-road—I had seen them safe on Sunday evening, the 22nd, about six o'clock, and missed them about eight o'clock.
Prisoner. I picked them up coming through a court in Petticoat-lane.
GUILTY . Aged 22.— Transported for Seven Years.
JOHN FARR . I live in Wild-street, Fitzroy-square, St. Pancras. I had a copper fixed in my back kitchen—on the 21st of January, I was coming home about eight o'clock in the morning, and the prisoner came out with the copper on his head—he was at work in my place, in the employ of Mr. Hopkins—I went down stairs to see if my copper was gone, and it was—I pursued, and got up with him in Fitzroy-square—directly he saw me just at his heels, he pitched it off his head—I took it, and gave notice to the policeman—he got away at that time—he has been a hod-boy for a plasterer, who lived on my first floor.
(The prisoner received a good character.)
GUILTY . Aged 16.— Confined Six Months.
FRANCIS ANDREW MOSELEY . I am the son of Francis Moseley, who keeps a glass-cutter's shop at Hackney. I was at home on Saturday last, about half-past ten o'clock in the morning—I saw nobody come in, but I taw the prisoner go out with a decanter in each hand—I immediately ran out, and called, "Stop thief"—he ran and put them down in the road—I still followed—he was stopped by a man when he got about 100 yards—I never lost sight of him.
GUILTY . Aged 18.— Confined Three Months.
THOMAS BEVEN . I am a baker. The prisoner was in my service to carry out bread and other things—having missed money, I marked thirty-three shillings, one half-crown, and one sixpence on the 5th of January—I put them into the till—at half-past nine o'clock the prisoner came to pack away the bread under the counter—I then went to the till and missed 3s. 6d.—I let him be till half-past eleven o'clock, when my foreman came
I then went to the prisoner, and told him he had 3s. 6d. of my money—he pulled out several shillings and sixpences, and I picked my 3s. 6d. out of it—he then confessed he had taken them, and said it was the first time.
Cross-examined by MR. DOANE. Q. Did he not say he was very sorry? A. Yes. (The prisoner received a good character, and Henry Marsh of Bethnal-green promised to employ him.)
GUILTY . Aged 17.—Recommended to mercy.— Confined One Month.
OLD COURT.—Saturday, February 4th, 1837.
Second Jury, before Mr. Sergeant Arabin.
WILLIAM MADDOX . I have been a sailor, on board his Majesty's ships, for many years. On the 6th of January I came up to receive my pension—I received six sovereigns and two shillings—the prisoner was a watchman of the Sailors' Home—he came with me, of his own accord, to take care of me—we met Mary Crawley on Tower-hill, and went into the Phonix public-house, St. Katharine's—the prisoner asked me to give him the money for him to take it home safe to one of the officers for me—I did not give it him—I had five sovereigns, and my pension ticket on the table, and he snatched it up—I asked him for it again—he said he would not give it me, he would take it home—I could not get it from him, and he went away in about five minutes with it, and never brought it to me again.
Prisoner. He gave me the money on Tower-hill, to take home for him, in his box. Witness. I gave it him there because I had to go back again to get my pension ticket, but I had it again from him, and put it on the table.
MARY CRAWLEY . My husband is an acquaintance of the prosecutor's—I met him on Tower-hill with the prisoner—the prosecutor gave roe 5s. which he owed me—I went to the public-house—the prisoner asked Maddox to lend him 5s., he said he would not—the prisoner took the box out of his hand which the money was in, shook it, and said he had plenty of money—Maddox said, "You take the money home, or give it to me"—he said, "I will take it home," and in five minutes he walked out with it Maddox kept asking him to give it to him, but be walked away with it.
JOHN VALE . I am a policeman. I received the prisoner in charge at a public-house in Moorfields—on my way to the station-house, he said he had lost the money, but should be able to make it up—I searched him, and found the prosecutor's pension ticket on him, and 18d.—I find he bears a good character at the "Sailors' Home."
Prisoner's Defence. He gave me his money on Tower-hill to take care of for him—I went into a public-house in Commercial-road, got drunk, fell asleep, and lost the money, box and all.
GUILTY . Aged 46.—Recommended to mercy.— Confined Six Months.
Before Mr. Justice Williams.
MR. BODKIN conducted the Prosecution.
HANNAH CROSS . I live with my husband in Thomas-street, Grosvenorsquare, in the same house with the prisoner and his wife. They occupied a shop, a parlour behind the shop, and a bed-room on the first floor—I live in the first-floor front room, over their shop—on the 16th of December, between twelve and one o'clock in the day, the prisoner came home in liquor—he was always intoxicated—I never saw him sober—alter became home that day, I beard him and his wife talking together—there was nobody in the parlour but them I believe—he spoke in an angry tone—I did not hear her answer him angrily—it appeared to me that they were quarrelling (I could hear hex voice)—that continued as much as twenty minutes—after that they were very quiet—after the talking I heard a scuffle, and it was after the scuffle they were quiet—about an hour after that the deceased came up stairs into my room—the complained of her head, and showed me something on it—it was very much swollen in the middle of her forehead, such as would be caused by a blow—I continued to see her from day to day after that—she went about her work as usual—she was obliged to take to her bed on Christmas eve—she had complained of her head every day, from the time this happened till then—the first week of her illness I was with her every day, three or four times a day—the died on Friday the 6th of January—on the Wednesday week before that, she said she considered herself in considerable danger, and asked me to recommend her a doctor, but I could not—the doctor came the next day—she said on the Wednesday, that unless her head was easier the could not possibly live, that the pain was so great—she kept saying after that, that she was afraid she should not recover—the prisoner continued in the house during her illness—I never heard him say any thing respecting his wife's situation—he frequently went into the room and locked the door that nobody else should come in—I was never in the room with him, and never heard him speak to her.
COURT. Q. What did the scuffle sound like? A. Like as if he was poshing her about the place—I heard the trampling of feet, and the pushing about'of chairs, as if they were being jumbled about the room—it lasted about twenty minutes—the talking and jumbling together continued that time—the scuffle lasted about ten minutes—the noise was violent at the time he struck the blow, and she came out of the room as quick as she could, but I did not see her for an hour—the scuffling was not very violent—I heard it distinctly—I went to listen on the stairs—their door was shut, and I did not hear any body else in the room.
JURY. Q. Did you hear the female call out? A. She did not call out loudly, she was only speaking to him after he struck her—I did not hear her call out before that, only crying from the agony of the blow—that was twenty minutes after it was over—I did not hear any blow struck.
CHARLES VERRALL . I am a surgeon. I was called in to see the deceased on Saturday the 31st of December—I found her extremely ill—in a state of very great danger; and in the absence of any account of the circumstances I considered her sinking from the effects of fever—she at all times spoke very despondingly, but on two occasions expressed herself satisfied she should never recover—that was most particularly on Wednesday the 4th, two days before her death—she made use of very strong
expressions—she had complained that her husband had come into the room and disturbed her, and she said, "Keep him out of the room, and let me die in peace"—I think she was then impressed with the notion that she should die, and I thought her dying too—the cause having been then related to me, I considered she was dying in consequence of inflammation of the brain—I always stated my opinion as to her being in extreme danger, in her presence and to her—I did not try to remove her impression of dying, nor did I add to it—she seemed to say seriously that she should not recover, and particularly on the Wednesday—I had said in her presence that I considered her in great danger, and I believe that was her own opinion—she told me she had received a blow from her husband on the forehead—that it was a very violent one, and had produced violent pains in her head, that it was with the utmost difficulty she had kept about the house for a week—she had taken to her bed a week previous to my seeing her, and she had never ceased to have pain in the head from the time the blow was struck—that was all she said to me, as to the cause of her illness, at any time—she was always consistent in her story—I do not think she made any addition to it—in fact it was all drawn from her in answer to questions I professionally put to her—it was not one uniform narrative—she died early in the morning of the 6th—I examined her body after death—there were marks of violent inflammation of the brain—I found no discolouration of the bone, and no external marks of violence at all—I should attribute her death decidedly to inflammation of the brain, caused, in my opinion, by the blow which she stated herself to have received. (MR. PHILLIPS, on the prisoner's behalf, stated that felt it impossible to struggle against a verdict of manslaughter.)
GUILTY of Manslaughter. Transported for Life.
Before Mr. Justice Williams.
594. ROBERT SPENCER STAPLETON, JOHN STAPLETON , and MARY CANEY were indicted for feloniously having in their custody and possession a mould upon which was impressed the figure and resemblance of the obverse side of a shilling.—2nd COUNT charging it to be the reverse side.
MESSRS. SCARLETT and ELLIS conducted the Prosecution.
FRANCIS KEYS . I am a Bow-street officer. On the 14th of January I went to a house at the corner of Queen-street, and King-street, Seven Dials, about two o'clock in the afternoon, with Ballard, Fletcher, and Shackell—I went to the street door, found it open, and proceeded up stairs—on the landing of the first floor I stood a little and heard some persons talking—I fixed myself ready to burst the door open—but hearing somebody move, I stood quiet without touching the door—and all at once the key was turned, and the female prisoner opened the door—I had not been on the landing place half-a minute before this happened—I rushed by her and saw the two male prisoners—Robert was sitting on the right-side of the fire, and the other on the left—the fire-place faced me as I went in—there was a fire in the grate—I saw Robert with something in his hand before I got up to him—I seized it in his hand, and it turned out to be a mould—he tried to crush it by pressing his hands together, but I got tight hold—my brother officers came in, and a scuffle ensued between him and me—I wrenched the
greatest part of it out of his hand, and some of the bits fell to the ground—I held the parts I got from his hand some time, and on looking at it, there was the mould and a shilling in it—at the time I laid hold of it the mould was warm—I produce it, it has been joined together since—the shilling is in it—there was a Piece of cloth in his hand with the mould in it—I found this good tabling on the mantel-piece, and a counterfeit sixpence on the left-hob—I found a mould for a sixpence on the side John sat—it was lying there open—John was looking towards the fire when I went in—in the scuffle this sixpenny mould with a sixpence in it got knocked into the fire—I found on the table a bag with a quantity of plaster of Paris in it—that was not two yards from the fire, close to the prisoners, and two metal-spoons were on the table—one having some white stuff, apparently plaster of Paris, in it—I also found a knife on the table with plaster of Paris sticking to it, and some more pieces of the mould for the lion side of a shilling—I picked then up Dear the fire-place in separate parts—they have been put together since—I also found a bit of broken glass with plaster sticking to it, and I picked up some small bits of white metal among the ashes under the grate.
JOSEPH SHACKELL . I accompanied the other witnesses to the prisoners lodging. I followed them in, and saw Keys scuffling with Robert Stapleton and Ballard with John—at the same moment Caney tried to make her escape by trying to push by Fletcher, but he caught hold of her and pushed her into the room—I went to Keys' assistance, and caught hold of Robert Stapleton's wrist, and took him to another part of the room—I was going to handcuff him, and he threw from his left hind three sixpences, into a tub of water—I took them up and searched him, and in his left trowsers pocket found another counterfeit sixpence—I knew him before, and asked him how he came there—he said he was asked to corns to see if he could make some—the other two prisoners were at the other end of the room at the time—I do not know whether they could hear this.
Robert Stapleton. Q. In what manner did you know me? A. I had occasion to have a communication with him at Bow-street, about another case—I never knew him in this situation before—I had not seen him on any charge before.
WILLIAM BALLARD . I am a Bow-street officer. I entered behind Keys, and saw the girl at the door, in the act of moving forward to come out—I beard the bolt of the lock shot—I saw Robert sitting on the right-side of the fire-place, and John on the left-side, with their faces towards the fire—Keys immediately laid hold of Robert—I passed as quick as possible behind him, and saw John with something in his hand, which he attempted immediately to rub to pieces—I leaned over him, put my arms round him, got hold of his wrist, and pulled his arms apart—some of the pieces fell from his hand, and one piece I made him put on the chair—they have since been put together in my presence by Mr. Powell—there are some pieces deficient—it has the impression of the reverse side of a sixpence—I saw Keys take a spoon out of the fire—it was a sort of slow clear cinder fire—he laid the spoon down, and I took it up—it was an iron one, knocked up to make a tip to pour the metal out—under the grate were a great many pieces of plaster of Paris, with no impression on them—they are pieces of metal broken up—there was some metal in the iron-spoon, hard as it is now—I never saw it fused.
ABRAHAM FLETCHER . I went with the officers, and was close behind Ballard and Keys when they entered the room—Caney endeavoured to force her way out at the door, and push by me—I laid hold of her, pushed her
back into the room, and forced her towards the fire-place—Robert Staple-ton was stooping down with his hands inside the fender—I laid hold of him and forced him up; and from the place where he was stooping down I picked up part of a mould—I gave it to Keys, who has produced it—I searched a cupboard in the room, and found some plaster of Paris in a bag, and on the table I found this file—Caney said, without being asked, "My name is Mary Caney, I wish you would tell Mr. Powell that, and the others are two brothers"—when she was at the office, she again stated to me her name, and wished me to mention it to Mr. Powell—I asked her if she knew the names of the other two, as she said they were brothers—she said she believed their names where Robert and Frederick Stapleton, that they asked her to let them come there to do it, and that she bad lived there only a week.
JOHN WARREN . I am in the employ of Thomas Fogg, to mind the house in question, when he is out of the way—the female prisoner came to take the room on Friday night, eight days before she was taken—I was in the room when my master was there—she said she went out charing, and her husband was a cabinet-maker—she came on Saturday night, and paid eight sixpences in advance, and engaged the room at 6s. a week—it was furnished—it was the room in which they were taken—the prisoner Robert Stapleton, came about half an hour after her, and they were together in the room—John came in after, and, to the best of my recollection, they all three slept there that night—the room was occupied by the female prisoner from that time, up to their apprehension—there was only one bed—the other prisoners often went out and in during the week—John and the female slept there, and sometimes they all three slept there.
Robert Stapleton. Q. Did you not let me in about ten o'clock in the morning in the course of the week? A. Yes, once or twice I did—I am sure you slept there two or three nights, and went out with another girl—to the best of my recollection you all three slept there the first night, but I am not quite certain—I believe you slept there four nights out of the week—three of you together.
COURT. Q. When he slept there was there another girl, or only these three? A. These three—the other girl used to go home at night—she never slept there.
Caney. They never slept in my place on any night while I was there.
Witness. I am positive they did—John slept there every night they were there.
JOHN FIELD . I am inspector of counterfeit coin to his Majesty's mint, and have been in the habit of examining coin for many years. Here is part of a plaster of Paris mould produced by Keys—it appears to hare been used for the purpose of casting counterfeit shillings—it bean the impression of the reverse side of a shilling perfect, and from the discolouration of the plaster I believe it has been used—here is another piece of a plaster of Paris mould which is broken, but it bears the impression of the greater part of the obverse side of a shilling—these two pieces, when put together would form a whole mould for casting a shilling—here is a counterfeit shilling produced by the same witness, and which he described as being in the mould, and warm when he found it—it is Britannia metal—it appears to have been cast in this mould—I have applied it—here is a good shilling produced by Keys, which I believe has been used to make the mould produced, as it corresponds with it in all respects
—here is a counterfeit sixpence produced by the witness, made in the same way as the shilling—there is no mould corresponding with that—this is the half of a mould for casting sixpences, but it does not appear to Have been used—it has the good coin now in it, with the obverse side of a six-pence—these two spoons are Britannia metal, and correspond with the metal of the counterfeit money—one of the spoons has plaster of Paris in it, which has been in a liquid state—here is a portion of a broken knife which is necessary to make the channel for the metal to run through—shackell has produced four sixpences, all of which are counterfeit, but not cast in any mould produced—here is another part of a mould for sixpences, having part of the reverse side of a sixpence on it, making the impression of both sides—this iron spoon has metal in it which has been in a state of fusion—the file has white metal in the teeth of it—here is some powder of plaster of Paris, of which the moulds are formed.
Robert Stapleton's Defence. On the morning in question I visited my brother, who occupied the apartment—the landlord came up while I was there, and asked permission to remove some articles from a cupboard which was very curiously concealed from our view—he took out some carriage lisps, and left us—my brother then ascended to explore the contents of the cupboard, and immediately produced the articles which have been found; and we out of curiosity attempted to make a shilling with them, which filled, and we were apprehended in the act—we made no more resistance than was natural to people conscious of their innocence—I have since understood the house is a receptacle for thieves, and these things might have been left there—a young man named Grady was recently taken from there for stealing a handkerchief—when the landlord came for the lamps he rased two others, and I thought suspected us of stealing them, and he has resorted to this savage proceeding for revenge.
John Stapleton. My defence is the same.
Caney's Defence. While these two young men were in my room the landlord came to get something from a cupboard which was in the top of the ceiling—after he was gone they wanted to see what it contained, and dragged out a bundle containing the things produced—what the officers say about their asking me to let them do it in my room is quite false.
ROBERT STAPLETON— GUILTY . Aged 19.
JOHN STAPLETON— GUILTY . Aged 19.
CANEY— GUILTY . Aged 18. Transported for seven years.
595. MARGARET TAYLOR was indicted , for that she having been convicted as a common utterer of counterfeit coin, did afterwards, on the 18th of January, utter and put off to John Smith, a counterfeit shilling, well knowing it to be counterfeit.
CALEB EDWARD POWELL . I am assistant solicitor to his Majesty's. mint. I produce a copy of the record of the conviction of Margaret Taylor at the sessions held here in February, 1836—I have examined it with the original record; it is a true copy. (read.)
FRANCIS FREEMAN . I am in the employ of Mr. John Smith, a surgeon in Banner-street, St. Luke's. On the 10th of January the prisoner came to our shop with a child—she said it was ill, and wanted some medicine for it—I made up some, which I believe came to sixpence—she offered
me a five-shilling piece—I took it, and suspecting it was bad I took it to Mr. Smith, in the next room, to show it to him; he brought it out and weighed it in her presence—he told her he would call in a policeman, and have her examined—I am not aware that the said any thing to that—he went to the door and looked out for a policeman, but could not see one—the prisoner walked off, leaving the money and the medicine—I was present on the 18th of January, when she came again, and knew her to be the same person.
Prisoner. I never gave him that five-shilling piece—he has made a great mistake.
Witness. I say she did give it me—I am positive of it JOHN SMITH. I am a surgeon, and live in Banner-street. On the 10th of January Freeman brought a five-shilling piece into the parlour—I thought it was bad, and came into the shop and weighed it—it only weighed 3s. 6d.—I kept it during the week, till I delivered it to Davis—on the 18th of January I was behind the counter, when the prisoner came in, and asked for an ounce of salts, which came to 1d.—she gave me a shilling—I examined it, and saw it was bad—I immediately recognised her as the person who had presented the five-shilling piece before—I am quite positive of her—I asked her how she got the shilling?—who had made it for her?—she said she took it in the street—she went out leaving the shilling with me—I employed my errand boy to watch her, and got a policeman, who took her in a minute or two—I marked the shilling and gave it to him.
Prisoner. I offered him a good shilling, and he would not take it.
Witness. I only had one shilling, I saw no other—she had a farthing in her hand with the shilling—I am quite sure she is the same person who gave the five shilling piece.
JOHN DAVIS (police-constable G 147.) I was called in by Mr. Smith, on the 18th of January, and received the shilling from him, which 1 have kept ever since—the prisoner was pointed out to me by a lad in Whitecross-street, and I took her—I told her it was for passing a bad shilling at Mr. Smith's, and a five shilling piece before—she said I was mistaken—she kept saying so all the time, and seemed rather drunk and stupid, lumpy, as she generally is—I received a crown-piece at the station-house from Mr. Smith, and the prisoner was searched by Callagan.
Prisoner. I had been a quarter of an hour out of the shop when he detained me—he said nothing about a five-shilling piece till next day.
Witness. I told her of it then—I took her about a minute after Mr. Smith spoke to me.
Prisoner's Defence. I have witnesses to prove that I never gave the five shilling piece to Mr. Smith—he said at the office I gave him the crown piece on the 10th, and now he says the 8th—I was out washing on the 9th and 10th too—I never gave it him if I was to die this instant.
GUILTY . Aged 37.— Transported for Fourteen Years.
Third Jury, before Mr. Justice Williams.
596. JOHN M'GRATH was indicted for that he, being in the dwelling—house of Frederick Francis Walker, on the 16th of January, at St. Pancras, about the hour of six o'clock in the night, did steal, I hat value 10s.; 1 cloak, value 1l. 10s.; and 12 printed books, value 1l. 15s.; his goods, and afterwards burglariously did break out of the said dwelling-house.
FREDERICK FRANCIS WALKER . I am an engraver, and lire in Upper Seymour-street, Euston-square. I occupy all the house except the first floor, which is let out in lodgings—on Tuesday morning the 17th of January, I got up about half-past nine o'clock, and on going into the parlour I misted twelve volumes of Shakespeare off the sideboard—I had seen them safe abort seven o'clock the evening before—on going into the passage to get my hat, I found it gone, and an old one left on the same peg—I missed a large cloth cloak with a fur collar and cape off a peg—on the Thursday morning fallowing I saw my hat at the station-house in Phoenix-street—I have sever found my Shakespeare or cloak—I saw the prisoner in my house about a fortnight before the robbery, in the kitchen with my servant—I never saw him except on that occasion—I saw him after the robbery at the station-house, and said to him, "You are the person I saw in my kitchen a fortnight ago," He said, "I was"—I had gone to bed on the Monday night about twenty minutes to eleven o'clock—I had seen my it and cloak a minute or two before—I hung them up after half-past ten o'clock.
HENRY PHILLIPS . I am a sword cutler, and lodge at Mr. Walker's. On the 17th of January I went to bed about eleven o'clock—about ten minutes after seven o'clock next morning, I heard the bolts of the street door pulled back, and the lock turned, but I neither beard the door open or shut—I came down about twenty minutes before eight o'clock, and found the door unfastened, which I never found so before—I go out the first every morning, and always have to unfasten it myself.
Cross-examined by MR. DOANE. Q. You were dressing yourself perhaps at ten minutes after seven o'clock when you heard this? A. Yes—I always rise at seven o'clock—it was twilight—I could not have seen a person's face in my room at that time—I had no light to dress by—there might he sufficient light out in the street to see the face of a person.
CORNELIUS MURPHY . I am a policeman. I heard of this robbery on the 18th, and went after the prisoner about half-past one o'clock on the following night—I knew him before, and knew where be lived—I went to his father's house No. 11, Compton-place, Brunswick-square—I knocked at the door, and his father let me in—I found him in bed in the same room with his father and mother—he was awake—I told him I took him on suspicion of felony—he made no answer, but got up directly—I saw this hat on the table in the room, and brought it away—I asked him if it was his hat—he made no answer—I took him to Phoenix-street station-house—on the 26th of December, I remember having seen him in an archway in Compton-street—he then had on such a hat as has been produced by the prosecutor.
Cross-examined. Q. Did not the prisoner say he purchased the hat the day before in Field-lane? A. I did not hear him say it—I searched the room.
MARIA BUSBY . I was servant to Mr. Walker last month—I am not so now. I know the prisoner—I do not know that he was at master's house on the night the property was missing—he was not there on the Monday, nor in the kitchen—I remember the Monday night—the things were missed on Tuesday morning—I have been examined before the Magistrate, Mr.
Shutt—I believe he took down what I said—I signed this paper before him (looking at it)—I was sworn—I can read—this is my writing—I cannot read this.
Q. How soon after the tiling happened did you give that account to Mr. Shutt? A. On the Thursday—the prisoner came to Mr. Walker's twice to see me—the night Mr. Walker saw him, he came down into the kitchen—that is the only time he was in the kitchen—he remained in the house all that night—I did not see him on the Monday night before the robbery—he had not been down into the kitchen with roe that Monday about nine o'clock—he did not go down into the kitchen and take hit hat with him—he went up stairs with me the night he was in the kitchen, bat not the night the property was missing—he did not leave my bed-room on the Tuesday morning between six and seven o'clock.
Q. Have not you said that he came up to your bed-room, and stopped there till six or seven o'clock in the morning, and on the Tuesday let himself out? A. No, I did not say he let himself out—I asked him if he would marry me, on account of my being pregnant, and he said no.
Q. Did you not say before the justice, on Monday night he came down to the kitchen about nine o'clock, staid there, took his hat with him, stopped with you all night up-stairs, and went away between six and seven o'clock? A. No, my Lord—yes, my Lord—he was not there that night—I told the justice that he was, but I said it to frighten him.
MR. WALKER. This is the hat I lost that morning—it is the only one I have worn for some time.
NOT GUILTY .
The witness, Maria Busby, was committed for prevarication.
Before Mr. Recorder.
597. CHARLES YOUNG was indicted for stealing, on the 11th of November, 1 gelding, price 20l.; 1 cart, value 15l.; 1 set of harness, value 3l.; 15 casks, value 4s.; and 1400 lbs. weight of butter, value 70l.; the goods of Thomson Webb.
MR. BALLANTINE. conducted the Prosecution.
THOMSON WEBB . I am a cheesemonger, and live in Tottenham-court-road. I had purchased 25 quarter casks of butter, part of which I had away—on the 11th of November I sent Peacock to Brewer's Quay for 15 quarter casks, with a horse and cart—it was Mecklenburg Keil butter, which is a butter of a peculiar flavour—I saw my horse and cart again next day at a livery stable, in the neighbourhood of Sun Tavern-fields—on the 17th of November I went to Coxson's shop in Rosemary-lane, and saw some butter in a Sligo keg and a Leer firkin, of exactly the same quality as I lost—I tasted it—Mecklenburg butter is more expensive than Sligo, and would not be put in a Sligo cask—it appeared as if it had been very hastily packed.
Cross-examined by MR. JONES. Q. You prosecuted Coxson for receiving it? A. Yes—he was acquitted—I said I could not swear to the butter being mine—I am positive it was Mecklenburg Keil butter.
WILLIAM PEACOCK . On the 11th of November Mr. Webb sent me to Brewer's Quay, with a horse and cart, to fetch some butter, about two o'clock or a little after—I drove it to Billingsgate, when a man came up to me, and in consequence of what he said I returned to Brewers Quay—when I came back, the horse and cart, which I had left at Billingsgate,
was gone—I had 15 quarter casks, 12 in the body of the cart, and 3 on the copse, over the horse's head.
MARGARET GREGORY . On the 11th of November I lived in the house of stebbings, in Cable-street, leading out of Rosemary-lane—about half-past four o'clock that afternoon, the prisoner came there along with Collins, (who was convicted last sessions)—I have known the prisoner for eight years—he said, "I understand you have a horse and cart to let"—Stebbings said, "The cart is out"—the prisoner said, "Do you know where I can get one?"—Stebbings said, "Two or three doors off"—the prisoner and Collins then went away—they came back in about three minutes, and said they could not get one—Stebbings said, "My partnet's van is in the stable, if that will do you can have it"—they said that would do, and Stebbings went away with them—he was away about a quarter of an hour—about two hours and a half after, I saw Potter's van and Stebbings's horse going up Rosemary-lane—the van seemed full of butter firkins—the prisoner and Collins were with it—I was going out at the time—it stopped at the corner of Cartwright-street, by Coxson's door—I saw the prisoner come to the van, take one cask out, and take it into Coxson's—Collins was standing by the hone's head, on the pavement—the prisoner then came and took another in, and was coming to the van again for more, when Coxson stopped him, and said, "I won't have any more, as you have brought the van to the door, or else I would have had four."
Cross-examined. Q. You were housekeeper to Stebbings, were, you? A. Yes—I have not got another place—I told the Magistrate it was the prisoner I saw with the butter, that was after Stebbings was convicted—I could not find him, or else I should have done it before; but when I went to Clerkenwell to see Stebbings, Coxson used to beg of me not to say any thing, as he knew I knew most about it—I should have told if the prisoner had been found—I certainly should like to see Stebbings back again, but it is impossible—I do not expect to get him back by doing any thing to this man—I expect to do it by petitioning—I have not accused other people wrongfully—I do not expect to get Stebbings off by convicting this man—I do not want to convict him—I do not expect to get him off by petitioning, but I may get his sentence mitigated—I do not care whether the prisoner gets off or not—I have said nothing but the truth—there is a petition gone in for Stebbings; Mr. Dowries, an attorney, drew it up—a gentleman named Hay employed him to do it, as I did not know any thing about it—I am not housekeeper to Mr. Hay—he is old enough to be my grandfather—the petition was not read over to me—I do not know what was in it—this is the second time I have been here—I do not expect to get any money by being a witness, I do not want any—I got 3s. 6d. a day for being a witness the last time—I got 15s. 6d. altogether—I have had no money from any one else—I lived with Stebbings for seven yean—I did not have wages, I had the handling of the money.
HENRY WILLIAMS . On the 11th of November I lived in Harrod's-alley, Wellclose-square. On the afternoon of that day I was waiting for my master, Mr. Potter, who keeps a van, and saw Stebbings, Collins, and the prisoner come up the horse-ride together—Stebbings wrenched the padlock off the stable-door, where his own hone and master's were kept, and said to me, "Now I want the cart, I suppose I cannot have it"—he said to the prisoner and Collins, "Will a van do?" they answered "Yes"—with that, Stebbings opened the gate where the van was kept, and drew it out—I held up the shafts—he harnessed the horse in a great hurry, and
put the breeching on wrong—Collins jumped up into the van, and laid hold of the reins—I said to Stebbings, "There is no whip at home, master has it out; here is only this old piece of stick"—he said, "Let us have it"—he handed it to Collins, up in the van, and Collins drove off—the prisoner and Stebbings walked on the pavement, facing the van, keeping up to it—this was about half-past three o'clock.
Cross-examined. Q. Were Potter and Stebbings partners in the van? A. I believe they were—I was in Potter's service—I have left him about three or four months—I did live at Mr. Wright's, but left, not having enough wages—I live no where at present—I slept in Princes-street, Sparrow-corner, last night—I have not been talking with Gregory about this case—I have only been out of place a week—I live with my mother—I was never taken into custody.
JANE SIDEY . On the 11th of November, I was living in Rosemary-lane, facing Coxson's. I saw the prisoner and Collins about four o'clock, or a little after, come up facing my window—Collins stopped there, and the prisoner went into Coxson's shop, and staid there about five minutes, he then came out, and they went away together down the lane—about seven o'clock or a little after, the same evening, I saw the prisoner draw the van up to Coxson's door—he took a cask out of the van, and put it down at the side of the counter in the shop—he then came out, and drove the van away—Collins was with him, and stood by the horse—I have known the prisoner a long while—they used to call him Upright Charley—I cannot be mistaken in his person.
Cross-examined. Q. Was Stebbings there at the time? A. I did not see Stebbings at all—I knew Collins—I am single and live in Mary-street, Cannon Street-road now, with my father—I work at the tailoring—I know nothing of Gregory—I used to visit at Stebbings's when I was a child, but have not lately.
CHARLES JONES . On the 11th of November, I was keeper of the New road gate, formerly called Cable-street. On the evening of that day, I saw a horse and cart drive through the gate about six o'clock I believe; it was getting dusk, but I did not look at any clock—I have since seen the hone and cart at the Thames police, it was Mr. Webb's—when it passed through the gate, the bottom of it was full of tubs, and three were on the top of the copse—the prisoner and Collins were with it—the prisoner staid behind and paid me the toll—he stood with me four or five minutes—we had a few words together concerning the toll—it is a new gate put up—he said, "I have paid toll here many a day, but never paid at this gate"—the cart was going to wards Sun Tavern-fields.
Cross-examined. Q. Was it light or dark? A. Just in the dusk of the evening—I had no light—it is only a new gate without any box—a butcher's shop opposite, shows a very good light—I will not positively say, I had ever seen the prisoner before, but I had no reason to take notice of him before—he gave me the opportunity of seeing him—I cannot say whether it was before or after six o'clock—I am confident it was not seven o'clock—it was between five and six, or nearer six o'clock.
DANIEL JOHN MEALEY . I am a sergeant of the City police No. 6. I took the prisoner on the 24th of January—he was always pointed out to me as Upright Charley—I have known him about six months—I took him in front of the Custom-house-quay, in Thames-street, and took him to the office in a coach—as we went along, a wagon passed, a man was driving it—the prisoner put his hand out of window, and waved it to the
wagoner—I said, "Is that a friend of your's, Charley?"—he said, "Yes"—I said, "Well, let the coach stop," which it did—he put his hand out and shook hands with the man and said, "Good by, I am off"—and afterwards burst into tears, and seemed much affected in the coach.
GUILTY of Larceny only. Aged.— Transported for Seven Years.
NEW COURT.—Saturday, February 4th, 1837.
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 29.—Recommended to mercy by the Prosecutor. Confined Six Days.
GUILTY . Aged 25.— Confined Three Months.
601. WILLIAM THURLING and JOHN THURLING were indicted for stealing, on the 11th of January, 831bs. weight of tea, value 16l.; and one tea-chest, value 2s.; the goods of John Hill: and MARY ANN BUGG for feloniously receiving the same, well knowing them to have been stolen.
MR. BALLANTINE conducted the Prosecution.
JOHN HILL . I am a carman. On Wednesday the 11th of January, I had two chests of tea from the warehouse in Jewry-street; one was directed to Mr. Wright of Windsor, the other to the Dean of Windsor—I saw them at my stables in Goodman's-yard in the Minories, about two o'clock—the prisoner John Thurling was there—I had occasion to leave the yard, and asked him, in case he went away, to lock the stable-door, which he promised he would—I returned between four and five o'clock and saw John Thurling there—I asked him if any one had had one of the chests away, as I missed one—he said, "No," but that he had been away half an hour, and that Mrs. Davis at the public-house could prove it, and he had left the door open—I then observed the remaining chest of tea—there was the King's number on it "1779"—this tea was brought by the Abercrombie, Robertson—I made a communication to Lee the officer.
Cross-examined by MR. DOANE. Q. Where did you get it from? A. A man brought it from the warehouse—it was intrusted to me by Mr. Clare the tea broker, to remove it from the yard, and forward it to the Dean of Windsor—I saw the chests in the stable—they were left there till my man came to take them away to the wagon-office—when I returned I saw John Thurling sweeping the yard.
WILLIAM CLARE . I am a tea agent. These chests were mine—on Wednesday the 11th, I gave Hill the order to fetch them—I have seen some tea since produced at the Lambeth-street office, and have compared it with the samples that we had of the tea.
Cross-examined. Q. Where did you make the purchase? A. At the commercial sale-rooms—many other agents might have purchased some of the same stock of tea.
THOMAS BERRY . I am delivery foreman at the West India Docks, On Wednesday, the 11th of January, I delivered two chests of tea, Nos. 1779 and 1780, to Press's cart—that is, a cart with that name on it—we
notice the name, because we have to book it—the weight of each of that was 3qrs. 22lbs. and 3qrs. 231bs.—that includes 25lbs. allowed for the tare—I saw a sack of tea at the office—I did not examine it—the chests that were delivered to the cart were marked, Abercrombie, Robertson—the ship's name ought to have been on them, but I would not swear it was—these chests generally weigh about 3qrs. 221bs. or 231bs.
Cross-examined. Q. Did you see these weighed? A. I did not.
JOHN STRICKSON . I am a carter, and live in the Commercial-road. On the 11th of January I went to the warehouse and received these two chests for Mr. Hill—I took them to Mr. Hill's stable—I put them down one on another—I got them in Press's cart—I saw William Thurling there—I said I was going away, and if in case he should go, to lock the door, which he said he would—he is ostler there, and had one key always in his possession, and Mr. Hill had one belonging to him—they are the only two Keys.
THOMAS MANCHESTER . I am a carman to Mr. Hill. I went to his stable on Wednesday, the 11th of January, and saw two chests of tea, marked 1779 and 1780, about two o'clock, as near as I can guest—was there with Mr. Hill, and went away with him—I afterwards returned to the stable, and found No. 1780 was gone, and No. 1779 remained—there is generally the ship's name on the other end, but we do not take notice of that.
WILLIAM GADDES . I live in Edmund-place, Nelson-street, Bennondsey, and am a carman in the employ of Mr. Castle. I know the prisoners, William and John Thurling—I do not know Bugg, but she resides in Sugar-loaf-court, Swan-street—I was watching there, and saw William and John Thurling come out of Mrs. Bugg's, about half-past ten o'clock, on the night of Wednesday, the 11th—William was carrying a sack, and John was following, carrying his hat—I made a communication to Lee, the officer, and he came with me to them—I did not lose sight of either of them before that.
WILLIAM COLES . I am a carman. On the 11th of January I was unloading a load of guns at Mr. Cox's factory, in Goodman's-yard, which it near Mr. Hill's stables—in the latter part of the afternoon I saw John Thurling go out with a sack, but what its contents were I cannot say—saw William Thurling standing there without his jacket, by the side of one of my horses—I knew him—I said, "What is going on there?" or some words to that effect—he made no answer—I said what a foolish man he was to stand there without his jacket—he said he would take my advice, and go and put it on—he went up the gateway, towards the stable, and I saw no more of him.
Cross-examined. Q. How soon did you communicate what you saw? A. The next morning—I was coming by with my horses, and went into the police-office to see whether I was wanted—I did not ask any officer in was wanted—I had been drinking with these two men, and I communicated what I saw the next morning to Manchester, in Alie-street—I could not see the stable—I was outside the gateway.
JAMES LEE . I am an officer. I had an application made to me about six o'clock on Wednesday, the 11th, and I gave Mr. Hill some directions what he should do—in consequence of this, a watch was set upon the house where the female prisoner lived, it is in Sugar-loaf-court, about three minutes' walk from the stable—I went there the same evening, between eight and nine o'clock—I found Mr. Gaddes, and I staid there about an
hour—I first saw William Thurling come out of Mrs. Bugg's house—he was gone a few minutes, and returned with a large French dog, he went again into the house, and the dog with him—shortly after this, Mrs. Bugg came out and called "George" Several times—no one answered or appeared—William Thurling then came out of the house, and he and Mrs. Bugg both stood at the end of the court—he had no hat on—he staid there about a minute or so, and then went into the house again—shortly after, I went into a public-house in the neighbourhood—Gaddes and Hill came to me there—I left Gaddes to take my place, to watch—about half-past ten o'clock he came and told me something—in consequence of that I went out, and saw William and John Thurling turn the end of Swan-street into Mansell-street—Gaddes pointed them out—I followed, and overtook them—William Thurling was carrying a sack, and John had a hat in his hand, which I suppose was William's, as William was without a hat—they were in company—as they were walking along, I asked William Thurling what he had got in the sack—he said he did not choose to tell me, what was that to me?—I said I was an officer of Lambeth-street, and I should insist upon knowing what he had got—I went on till we got to the Green Man public-house, and there I took him in, with a little difficulty—he resisted, but I got him in—a City policeman came up and took John—they were both taken into the house—I asked him again in the house what the sack contained, and he said, "Corn"—I then took them to the station-kotue—I asked John Thurling what he had to say about it—he said he had nothing to say; he knew nothing about his brother's affairs—the next morning, about eight o'clock, I went to Mrs. Bugg's, and asked her what had become of the chest of tea that had been brought into her house last night—she said she had seen no tea; no tea had been brought there—I told her a chest of tea had been stolen, and I had received information that it had been brought into her house—she still denied it—I said I was an officer, and should search her house—she said, "Very well"—I went down into a dark cellar leading out of the room where she was sitting, and found there some hoops of a tea-chest, and some pieces of wood were by the tide of the fire; and these pieces of melted tea-lead, as they appear to be, were discovered by Mr. Hill down the privy—there was a fire-place in the cellar, and it was by the side of that that these bits of hoops and wood were found, and this piece of tea-paper, which appears like the paper which is outside a tea-chest—the privy was in the cellar—these papers appear have to been torn off—there appears on this piece of paper, "Abercrombie" in short, and an "O"—I asked Bugg how these things came there—she said she could not account for them; she knew nothing about them—it appeared that there had recently been a fire in that fireplace—I then told her I had found the tea I was in search of, and two people were in custody for it—I did not mention their names—I asked if she knew William Thurling—she said she did—I asked her when she saw him last—she said, "Last night"—I asked who was with him—she said, "His brother John"—I went up stairs into a bed-room—there is only one room on a floor, and the parlour is the only sitting-room in the house—the other two are bed-rooms—I was in the first-floor bed-room, which I believe is her room—I there saw this coat in the room, on the floor—I asked her who it belonged to—she said, to William Thurling—I then searched in the parlour, and found two caddies quite full of black tea—this is the tea—she then said, "Here is another canister of tea"—I looked at that, and found it was mixed green and black—I did not take—I
bare weighed this tea—it is 1lb. 60zs.—I found the lack contained 82 1/4 lbs. with the sack, which weighs about 2lbs.—this is it—there were four nails in the parlour window—Mr. Hill took them up, and said they were tea nails—they were bright, not rusty—I then took her into custody—when I took the two men, the French dog was following them, and he went with us to the station-house—Mr. Hill claimed the dog.
Cross-examined. Q. Did not Bugg rather facilitate your search? A. She threw no impediment in the way—there is a flap outside leading into the cellar—I am not aware whether there are any steps.
JAMES BEESTON . I am clerk to the West India Dock Company. On the 28th of October last I took the number of the chests in the warehouse—there was one 1780—I saw that weighed—the gross weight was 3qrs 23lbs.—that will be 1071bs.—24lbs. tare would be taken off—that would leave 831bs. net.
WILLIAM CLARE re-examined. Q. Look at this mark on the papers? A. We paid duty to the customs on these chests as bearing those marks—this would have been the word Congo if it were in full, and the mark agrees with it—this black tea in the sack and papers, is of the same de scription, but the leaf of this in the sack has been broken—in my judgment they are the same—they both correspond with our sample.
MR. DOANE. Q. You had not noticed the mark on that particular chest? A. No, but we paid duty on one bearing that mark.
MR. BALLANTINE. Q. Ought the chest that is lost to have contained marks similar to those? A. It should have done so.
WILLIAM THURLING.— GUILTY . Aged 39.
JOHN THURLING.— GUILTY . Aged 41. Transported for Seven years.
BUGG.— NOT GUILTY .
602. SARAH HALFORD was indicted for stealing, on the 26th of January, 1 snuff-box, value 5s.; 3 bottles of Eau de Cologne, value 7s. 6d.; 15 pencils, value 7s. 6d.; 5 boxes of matches, value 2s.; and 1 brass chain, value 6d.; the goods of Caroline Maria Ecklin, her mistress; to which she pleaded
GUILTY . Aged 13.—Recommended to mercy. Confined Six Days.
MR. DOANE conducted the Prosecution.
HENRY GOMME . I live at Hanwell, and am a shepherd. I was ordered by Price to watch the fodder several evenings, and on the 5th of January, about six o'clock, I observed the prisoner come into the field and walk along the hedge to the stack, and take up one truss of fodder—he brought it back again to where I saw him come in—I said, "Good night—he stopped—I got over and spoke to him—he begged my pardon, and said this was the first time he had done it—I asked him how he came to do so—he said, he did not know, but he would put it back again, which he did.
Cross-examined by MR. PHILLIPS. Q. How long have you known him? A. About twelve months—his mother's garden joins my master's premises.
Gomme to watch—after he came and told me what he had seen, I gave the prisoner into custody.
Cross-examined. Q. Hare you brought it here? A. No—it is worth about 2s. (The prisoner received a good character.)
GUILTY .—Aged 28.—Recommended to mercy. Confined One Month.
604. HENRY SKINNER was indicted for stealing, on the 17th of January, 1 ream of paper, value 17s.; 500 sheets of printed paper, value 20s.; and 88 stereotype plates, value 12l.; the goods of John Duncombe.—2nd COUNT, calling it 50lbs. of paper.
JOHN DUNCOMBE . I am a bookseller and printer. My office is in Queen-street, Lincoln's-inn-fields—the prisoner had been in my employ, but I discharged him just before this happened—I know this paper is mine—no one else could have paper of this sort, because it is a copyright work, and of considerable value.
WALTER PAGE JENKINS . I am in the service of the prosecutor—this paper is his property—I know it was safe on Monday night, the 10th of January, at nine o'clock, in the warehouse in the shop—the prisoner was not at work there then, but he knew the ways of the shop and warehouse.
GEORGE HOLBOROW . I am a cheesemonger, and live in Clare-street, Clare-market. I bought this as waste paper—I really believe of the prisoner—he represented that it was spoiled sheets, being over wetted, and could not be used—I gave him 3d. a pound—that is the full price—I think I paid him 12s. or 18s. altogether—I bought it on a Tuesday or Wednesday morning about a fortnight ago.
MARY SMITH . The prisoner knocked at Mr. Duncombe's door, on the 17th of January, at half-past seven o'clock—I came down stairs and let him in—I said, "What do you want?"—he said, "I am come to work"—I said, "You cannot go to work, there is no one here"—he said, "Yes, if you give me a light; I saw Mr. Duncombe last night, and he told me what to go on with"—I gave him a light, and he went away within ten minutes, and left the shop door open.
Prisoner. I was in the prosecutor's place at eight o'clock, and never went out before dinner time.
GUILTY . Aged 19.— Transported for Seven Years.
JOHN DUNCOMBE . Both the prisoners were in my service. This paper was taken from my printing house—I know nothing of the facts myself; but I went to a house and found this property, which is part of three or four works, and spoils the works in sheets.
Cross-examined by MR. DOANE. Q. Were not these damaged sheets? A. Not at all—they are fully printed, and not waste—Newton had been with me three or four weeks—the paper was at the printing office in Queen-street—some were finished, some were not—I had not sent my works out—it was not fit to put out.
JAMES GOODWIN MARNER . I am a pork butcher. The two prisoners brought these papers to me about a fortnight before they were taken; at three different times—they did not say whose paper it was—I paid them 2 1/2 d. a pound.
Cross-examined. Q. Don't you keep an eating-house? A. We sell dressed meat—the prisoners did not come to dine—one of them some years ago was in the habit of having meat dressed—I did not know in whose employ they were—I bad no conversation with them about paper before it was brought—I have known Newton some years—I do not exactly know where he was living—I know it is in some court in Gray's-inn-lane—I asked him where he got this—he said he was in a printing office, and they were clearing down their shelves this Christmas—I should say this was waste, it bad the appearance of it, is so dirty—it was in that state when it was brought to me.
Cross-examined. Q. Is not this a magazine? A. Yes.
NEWTON— GUILTY . Aged 25.
GROVE— GUILTY . Aged 47.— Confined Two Month.
JOHN DUNCOMBE . I am a printer. The prisoner was in my service I went to the house of Mr. Marner, in Charles-street, Hatton-garden, tad saw these books on the counter with the covers torn off, except one which had my writing in it—we then went to the prisoner's residence and found the covers at his house—these are the books and covers—they are chiefly novels, part of Sir Walter Scott's, and some others—this is Lucan'g Pharsalia, it has my private mark in it.
ELIZA MARNER . I live in Charles-street, Hat ton-garden. These books were brought to my husband's shop, by a woman who said her husband had been reading them till he was tired, and wished to sell them—she said at the police station that she was the prisoner's wife.
JOHN PIKE (police-constable F 105.) I was at Mr. Marner's house—this property was found there, and the prosecutor identified it—I went to the prisoner's lodgings and found some covers there in the cupboard, several of them fitted the books found at Charles-street.
MR. BODKIN conducted the Prosecution.
ANN ROUND . I live in Little Swan-alley, Coleman-street. The pri soner is my uncle—I took these books to Mrs. Martindale's to sell, by the prisoner's desire, and gave him the money; he was in distress.
JAMBS GRANT . I am a porter at the buildings of the High-Court, of Chancery; Master Wingfield has some offices there—the prisoner was occasionally employed there—I have seen him there—in consequence of some books being missed, on the 14th of January I went towards I sling ton, and saw the prisoner there—as soon I met him I said, "Mason, do not you wonder to see me here?"—he said, "No"—I said, "I dare say you know my business?"—he said, "No"—I said, "Do not you know of those books taken from the sale-room?"—he put his hand on his face and said, "Ah, Grant, you do not know what it is to starve?"
Prisoner. Q. How long have you known me? A. About ten years; I suppose you were in the office seven years.
GEORGE LBADBITTBR . I am an officer. I took the prisoner on this charge at his residence at Islington, on the 14th—I asked what he had done with the books he had taken from the Master in Chancery's Office—he said he had sold them at different places—he showed me one place, and then he told me he had a relation in Swan-alley, whose daughter took some for him, and she took me to the place where these were—I took the prisoner from a lodging in a very back street, in White Conduit-fields—his wife and children had not a bit of bread to eat till I gave them some.
Prisoner. It was my intention to plead guilty, but I did not know how to act—for five or six months I was destitute of employment—my wife and family had not bread to eat; and the evening the officer came that was the case; though I had made the most earnest appeals at the Masters in Chancery, yet they were so unfeeling as to give the work to others, and not to me, who had been so many yean there.
GUILTY . Aged 42.—Recommended to Mercy— Confined Six Weeks.
JOHN MURRAT . I had a pair of unmade trowsers given to me by Mrs. Handley on the 5th of January, between eight and nine o'clock—I was to take them to my mother's in Glass House-street, Ratcliffe—I met the pri soner carrying a coat—he said he was tired, and asked me to carry it for him a little way, and he would carry my bundle—he told me to walk on—I came on to the turning by the wooden bridge—he told me to go straight on—I went on a couple of footsteps—I turned and could not see him nor my bundle—I went back, and asked all the people if they had seen him, they said no.
ALFRED LEE . I am a porter. The prisoner come into the Crooked Billet about half-past eight o'clock, and offered these unmade trowsers for sale to the pot-man, and another man, who would not have them, and he came to me, and I said, "What do you want for these?"—I put them on the table—he said "4s." and I said, "That is not the worth of them, where did you get these?"—he said they belonged to his old woman—I said, If I buy them of you, I should like to do it before some witnesses that I may know where to find you"—I then took him out, and he then told me he taught the stuff in Liverpool, and had got them cut out by a friend—but
could never raise the wind to get them put together—I took him to the station.
GUILTY . Aged 62.— Confined Three Months.
GEORGE WEBB . I am a Thames police officer. On the 1st of February I saw the prisoner rowing a skiff, near the entrance of St. Katharine dock—I boarded it, and found this funnel in the fore part—I asked him where he got it from?—he said he did not know it was there—I took him to the office, and he said it was in the boat when he got into it—I did not know him before—he had two odd sculls.
HENRY JOHNSON . I am Captain of the Ocean. We laid at the St. Katherine's docks, in the river Thames—this funnel is mine—I had seen it the night before, at half-past ten o'clock—it was shipped in its proper plate.
GUILTY . Aged 14.— Confined Three Weeks; One Week Solitary.
610. JAMES GODFREY was indicted for stealing, on the 19th of January, 1 purse, value 1d.; I sovereign, 7 half-crowns, 1 shilling, 1 sixpence, 1 penny, and two halfpence; the goods and monies of Ann Toner, from her person.
ANN TURNER . I am a laundress. On the night of the 19th of January, between six and seven o'clock, I had been to a public-house with my cousin; and while I was there, the prisoner came in—I wanted to get my cousin home, he being rather forward in liquor; and pulled out my purse to pay the cab, and in the public-house to pay for what I had—I got a cab at the door, and sent my cousin home—when I went out the prisoner followed me, I was going to pay the fare before my cousin got in—the prisoner then snatched the purse, and ran away some distance—I gave an alarm, and he was taken—I got my purse again.
Prisoner. Q. Were we not drinking from eleven o'clock in the morning? A. We had had some ale—I was not drunk—I believe my purse con tained a sovereign, seven half-crowns, one shilling, one sixpence, and a few halfpence.
PATRICK CARROLL . I live in Little Coram Street. I was in Holborn, and heard the exhausted cry of the prosecutrix saying, "Stop him"—I asked what was the matter?—she said a man had robbed her—I saw a man running across the road—I said, "Is that him?"—she said, "Yes"—I crossed, pursued, and took him—it was the prisoner—the policeman took him, and he gave him the purse—the prosecutrix was thought to be in liquor that night, but it appeared to me she was excited by her long run.
GEORGE HORTON (police-constable E 91.) About seven o'clock on the evening of the 19th of January, I saw a great mob in Holborn—I went up and saw the prisoner—I said, "What have you done with the purse?"—he said, "I have not got it"—I took him towards the station-house, and in going along I saw him fumbling in his pocket—I took him into a linen draper's shop, and found the purse on him—he said he meant to take care of it for her till the morning—I found 1l. 9s. 2d. in it—this is it—the prosecutrix appeared excited—I think she knew what she was about.
Prisoner. I was never in this situation before.
(PATRICK DAVIS, a brass-founder, gave the prisoner a good character.)
GUILTY . Aged 32.— Transported for Seven Years.
EDWIN MOSES . I am hackney-man, and drive a glass coach—my stables are in Cambridge Mews. I lost a coat and handkerchief, and several things out of the stables—the prisoner was a policeman—on the 22d. of January I went to the Cape of Good Hope, in Albany-street, and I found a number of policemen there—the prisoner was there—I was sent to, to know whether it was my hat that he had got on—I said I could swear to it if I saw it off his head, as it was made at Thetford—it was taken off and shown to me, and it was mine—I did not see the jacket—he had the handkerchief round his neck—he said the hat was his; and that he bought it in Dublin—this is my hat and handkerchief—I swear positively it is my hat—I know it by the name inside, and by the stains round it—It was made at Thetford, in Norfolk; and it appears so in the hat—this it my handk er-chief—it is a remarkable small size; and I lost just suck a one at the tame tine as I lost the hat.
Prisoner. I bought that handkerchief in Oxford-street, and gave 1s. 6d. for it.
WILLIAM GLADMAH (police-sergeant S 18.) I was at this public-home the prosecutor was sent for by another officer—on the night of Tuesday I heard these things had been stolen—I asked Motel if he should know the hat if he saw it on any one's head?—he said he thought he should—I atked him if he saw one like it?—he said he thought the prisoner had it—I asked if he should know it, if he saw it off his head?—he said he should; as it had the name of Thetford in it—I went in and called the pri soner out, and said there had been several things lost, and among the rest a hat and jacket—I said, "If that is your hat, you cannot have any object tion to show it"—he said, "Certainly not"—he took off the hat, and there was the name of Thetford in it—the prosecutor said it was hit; the prisoner said it was very strange, as he had bought it in Ireland—the prisoner was acquainted with the place because he had been onthat beat, and he was then on the adjoining beat—it was the last time he did duty at a policeman that these things were stolen.
JOHN CHANT (police-constable S 108.) On the Wednesday after these tilings were lost, I met the prisoner at the end of Little Albany Street, Regent's Park—I taw he had got a hat on that answered the description given—I took him into a public-house, and tent for Moses—he came, and stated what has been said.
Prisoner. I am innocent of the charge—I am a stranger here—I only came, here in May last—I was recommended to the police by a Nobleman who has written me a character, which I have here.
EDWIN MOSES . I lost these things from the stable on the Tuesday after christmasday—the gloves have never been found—I lost another handker chief on the 1st of January—I lost my gloves out of my coat pocket—this it my handkerchief (looking at one)—I know it from the pattern and the way it is worn in the middle—I have had it eight or nine years—I am positive it is mine.
WILLIAM GLADMAN . I am a police-sergeant. This handkerchief was farad on the prisoner's wife's neck, after leaving the police-office, as we were coming home—she was crying, and Moses saw her—she said, "Don't be hard with my husband"—he said, "I am sorry for yon; if you will have half a pint of beer, I will give it you"—she said, "Knox brought it home."
Prisoner. I found that handkerchief when I was on duty in the Regentspark.
GUILTY . Aged 24.— Transported for Seven Years.
EMMA MILLEDGE . I am the wife of Charles Milledge. I tent my daughter, on the 23rd of January, to pledge a silk handkerchief for 2s. at Mr. Harris's—I waited—she did not return, and I found the 2s. were gone.
SUSANNAH MILLEDGE . I took the silk handkerchief to the pawnb roker's, and pawned it for 2s.—I was coming out, and met the prisoner—I did not know him before—there was another boy with him—he asked if I would buy any pictures—I said, "No"—he offered to give me at, ad asked if I had not pawned a silk handkerchief for 2s.—I said, "Yes" He said, "Let roe look if the money is good"—he took it out of my hand, and then sounded it on the steps, and sounded it on a board inside a shop, and then he said he had lost one—he seemed to look for it, and then said he had lost them both, he then told the other little boy to go home, and he went—a lady held him till the policeman came, but they did not find the 2s.
JAMIS GREEN (police-constable N 214.) I was called to take the prisoner—I searched him at the station-house, and found on him a lot of prints—he told me they belonged to the other boy, Bill Lloyd—he said they had both run away from Perry's workhouse that morning.
GUILTY . Aged 12.— Confined Three Weeks; One Week Solitary.
JAMBS HALL . I am employed by the executor of the late Mr. Chapman—we deal in musical instruments. On the 30th of January the prisoner came to the shop—he wanted a trumpet, and wanted to exchange a flute for it—I did not like that, and he produced a second flute—I saw the name of "Boag" on them—I made an excuse, and he left them till the morning, and in the mean time I let Mr. Boag know—when be came the next morning I said the flutes were stolen from Mr. Boag, and called an officer—I gave the flutes to Mr. Boag—these are them.
WILLIAM BOAG . I deal in musical instruments. Both these flutes are mine—they were safe about a fortnight ago and; last Monday Hall gave me notice, I missed them then—the prisoner has been apprenticed to a neighbour of mine, next door but one, for seven years—he was out of his time this day fortnight, I think—he has only had access to my premises by coming with messages occasionally.
Cross-examined by MR. PHILLIPS. Q. It was delivering a message to you and then going away? Yes—it must be about a fortnight ago since I saw these—I have only my brother in partnership with me.
(The prisoner received an excellent character.)
GUILTY . Aged 21.—Recommended to mercy by the jury and Prosecutor Confined Three Months.
Sixth jury before Mr. Common Sergeant.
THOMAS MACKMIN . I am the son of John Joseph Sumner Mackrmin, of Tsbernade-walk, a linen-draper. On the 26th of January he had this cloak safe at half-past five o'clock—I did not miss it till the officer came in, about twenty-five minutes to six o'clock—I had seen it sale about five minutes before I had information of the loss.
GEORGE KEMP (police-constable N 82.) On Thursday evening, the 26th of January, I was on duty with my brother officer—I taw the two prisoners and another—I watched them till they came to the shop of Mr. Mackmin, and saw Box reach his body half into the shop, and drag out this clock—House was close alongside of him—they rolled it up, and I crossed and laid hold of them both—I suppose I had followed them three-quarters of a smile.
Box's Defence. I found it at the door—I was looking at it when these men took me.
House. I was with Box—we crossed the road, and took up the cloak at the door, and were looking at it, when two officers put the handcuffs on us BOX— GUILTY.* Aged 20.
HOUSE— GUILTY.* Aged 19.
Confined Six Months; Six Weeks Solitary.
PETER SMYTH SAMPSON . I live in Star-street, Edgeware-road, and keep a grocer's shop. The prisoner was my journeyman—on Monday, the 7th of January, I missed these articles—I told him about it—in a few minutes he told roe he had hid them—that was the first statement he made—he after-wards said he had pawned them—these are them.
Cross-examined by MR. STIRLING. Q. How long had he been with yon? A. About three months—I had a good opinion of him—part of these were in a French plum box.
JOHN LINCOTT . I am a pawnbroker. I produce a snuffbox, pawned on the 8th of January, and a tablespoon, on the 9th—I took them both in of the prisoner—this duplicate, found by the officer, is the one I gave him (The prisoner received a good character.)
GUILTY . Aged 20.—Recommended to mercy.— Confined One Month; the Last Week Solitary.
RICHARD BLOFIELD . I am an attorney, residing at Furnival's-inn. On the evening of the 20th of January, about a quarter past five o'clock, I was walking in Drury-lane, up towards Holborn, and felt a tug at my pocket—I turned, and saw the prisoner with my handkerchief in his hand—I at tempted to take him, but he eluded me, and ran down the Coal-yard—I called out, "Stop thief," and saw him in custody soon after—this it my handkerchief. Prisoner. Q. Have you any name on it? A. No, but I know it by the particular pattern—I had made use of it about five minutes before.
JOHN WILSON (police-sergeant F 10.) I was in the Coal-yard—I heard a cry of "Stop thief," and met the prisoner running—I saw him drop the handkerchief, and I took him—I took it up, and took him to Drury-lane, where 1 saw the prosecutor.
Prisoner. He did not see me drop it—he was talking to a woman, and she asked him for a key. Witness. No, there was no woman near.
GUILTY .* Aged 16.— Transported for Seven Years.
618. CATHERINE SMITH was indicted for stealing, on the 29th of January, 4 keys, value 6s.; 1 seal, value 4d.; 1 purse, value 2d.; 4 sovereigns, 14 half-crowns, 20 shillings, and 10 sixpences; the goods and monies of John Richard Haynes.
JOHN RICHARD HAYNES . I am an operative smith, and live in Providence-place, Cambridge-row. On Sunday night last I was in Whitechtpel, and met the prisoner—I had not been drinking—I proposed to accompany her home—she said it was at Westminster—we took a cab in St. Paul's Church-yard—I went to a room which she represented to be hers—she said it was Pye-street—we had some eatables in going home, and there was a pot of beer brought, but we could not drink—we drank nothing in the room—I considered myself perfectly sober—I took my trowsers off—I had my rule in my right-hand pocket and my purse, containing two sovereigns and 3l. in silver—I felt the other things when I took them off—I deposited them under my head—the money was safe when I was paying for the refreshment we had—I went to bed—I awoke between four and five o'clock in the morning—I think I went to bed about three o'clock—the prisoner did not come near the bed—she was up busy in making a fire—I expected her to come—I had not given her any money—she had asked me what I intended to give her—when I awoke, about five o'clock, she had made her exit, and I found my money and property had been taken, with the exception of my rule—I found a policeman in Strutton-ground—I directly afterwards went home towards Whitechapel, and met this girl about the place that I started from with her the night before—I am certain she is the person—I gave her in charge.
ROBERT CAMPHEN (police-constable II 137.) I was on duty last Sunday morning, and saw Haynes collar the prisoner, and call "Police"—I went up—I took her to the station, and asked what she had done with the money—she denied knowing any thing about it or the prosecutor either.
LOUISA COTTON . I was about to search the prisoner at the Spitalfields station, when she took this purse from her bosom, and gave it me—it contained two sovereigns, twelve half-crowns, eighteen shillings, and ten six-pences
—she said she had been very much distressed, which was the reason of her taking it away from the prosecutor, and she had not eaten any thing for three days.
Prisoner. I was walking up Aldgate—he came and said could he go with me—we went home—I asked what he was going to give roe to sleep with him—he said 3s.—he gave me the purse to take it, and I got into bed, hut being so intoxicated he fell asleep.
JURY. Q. Had you been drinking in the course of the day? A. No—I had not GUILTY . Aged 16.— Confined Four Months; Four Weeks Solitary.
RICHARD PEED . I live in Bluegate-fields, Shadwell, and am a shoe-maker. About three weeks ago the prisoner came to hire my front room up-stairs—she came as a married woman, and a man of the name of Barlow came with her—I did not know he was not her husband till she was taken into custody—on the 19th of January the man called me into the room between ten and eleven o'clock, and said, "What is become of the sheets?"—I went up and said the sheets had been in the room, and they must find them—he said to her, "Do you know any thing about them?"—she said, "I pawned them"—he said, "I won't stand this, call in a paliceman"—I called him in, and she handed the duplicates to the policeman—Baikw generally paid me, but he sometimes gave her the money—they paid 7d. a night—when he went down to the station-house he said, "I am not her husband," and then they took her, and he went away—these are my sheets—they do not owe me any rent—the man is there still.
CAROLINE JONES . I am single, and reside in New-court, Match-walk On Thursday afternoon last, about half-past two o'clock, the prisoner called me and said, "Will you pawn a sheet?"—I said, "Is it your own?"—she said, "Yes"—I pawned it and gave her the money and the ticket—on the same day she asked me to pawn another, I pawned that for 1s. and gave her the money.
Prisoner. It was real distress that compelled me to pledge them; I intended to get them out again. GUILTY . Aged 39.— Confined One Month.
JOHN BARTLETT . I am a policeman. On the 30th of January, about ten o'clock at night, I was in Leather-lane, and saw the prisoner there—I "asked him if his name was Reynolds—he said nothiug—I then asked what he had got under his apron, he said nothing—I lifted up his apron, and found this pot—I took him to Mrs. Cooper, who keeps the White Lion, and she claimed it.
Prisoner. You asked what I had got, I said, "Some beer to take for my wife's supper." Witness. I took it from under your apron, there was about one-third of a pint in it—I am sure he said he had nothing under his apron.
Prisoner. You asked me where I got it, I said, "From Mrs. Cooper "—you said I had better go back; and I said to Mrs. Cooper, "Did not you draw me this beer?" and she said, "Yes"—I drank the beer before her. Witness. She said she had served him, but did not authorise him to take the pot.
ANN COOPER . I am a widow, and keep the White Lion, Leather-law The prisoner was in my house—I furnished him with a pint of beer, he went and sat down on the bench a long while—I did not miss him or the pot till the policeman brought him back—it is not the custom for persons to take home beer in a pot unless we know their address—I do not know him—I have served him as a stranger, but 1 never allowed him to take a pot home.
Prisoner's Defence. I drank a little of the pint of beer which I called for, and was taking the rest home—I did not ask permission to have the pot home, as I deal there—I have lived in that neighbourhood eight years.
FRANCIS SMITH . I live in Great Ormond-street. On Monday the 9th of January, about half-past two o'clock, I was passing the shop of Mr. Hammond, in Theobald's-row—I saw the prisoner go into the shop, and take these two packets of grits, and go out directly—I went and brought him back to the shop. GEORGE JOHN RESTIEAUX. I am a policeman. I went into the shop, and took the prisoner into custody—I said, "Where are the packets of gifts?" he said, "There they are; but I am afraid they are not sufficient to send me to Newgate, as I want to be transported."
JOHN CLAYTON . I am in the service of John Hammond, a corn-chandler. I left the shop a little before twelve o'clock with a quantity of grits on the counter—when I returned, I missed two papers of grits.
Prisoner. There was more than these two packages of grits on the counter, 1 saw them.
GUILTY . Aged 18.— Transported for Seven Years.
JOHN PARSONS . I am a broker, and live in Bull-alley, Shoreditch. On the 21st of January, between three and four in the afternoon, the prisoner came to my shop with three glasses, and offered them for sale—I saw the name of White, Dials, Long-alley, on one of them—she said she was desired by a woman to sell them—I said, I should detain the one that had the name on, till she brought that woman, she went away—I sent to Mr. White.
FRANCES PARSELL . I am the wife of James Parsell—I carry on the brokering business. The prisoner came that afternoon to my shop, and brought these two glasses—I gave her 8d., for them—Mr. White had one, the other the policeman had.
BENJAMIN WHITE . I keep the Dials, in Long-alley. On the 21st, the the prisoner came to my shop about three o'clock in the afternoon, she staid about ten minutes or so, and in about an hour, in consequence of a message, I went to Mr. Parson's shop, and found this glass there, which is the one I had drawn the ale in for her at my house—this other glass I found at Parsell's—I went with Mrs. Parsell, and found the prisoner there, and had her taken—this other glass is not mine.
I was at the station about six o'clock that evening, and the prisoner was there—she asked me to go with her to her place, to see the woman that gave her the glasses—I went to No. 5, Baker's-court, where she said she lived—a man there said to her "What have you beta up to now?"—she said he was her husband, and she said, "We took a glass from Mr. White, if you go down and give him 8d., he will not came against us."
Prisoner's Defence. I never said any thing of the kind—I went out to get a shilling to get a loaf for my children—I met a woman, and she asked me how I was, I said I had not had a bit to eat since the morning, and she said she had got some glasses to sell.
(The prisoner received a good character.) GUILTY . Aged 40.— Confined One Month.
RICHARD BAXTER . I am a porter. About half-past seven o'clock on the evening of the 31st of January, I was at the end of Richmond-street, West-minster—I saw the prisoner and another standing close to the shop of Mr. Clinch—I watched them—the prisoner put his hand through a broken pane of glass, and took a goblet—I went and took him; he smashed the glass on the pavement, and broke it all to pieces—I took him to the station, and just as we got there the policeman met us, and took him in—he was searched, and another goblet found on him; he had a knife which he held in bis hand, and made use of a very bad expression, and threatened me.
LOUISA CLINCH . I am the daughter of John Clinch, who keeps this shop. On the evening in question I beard a noise, my attention was di rected to the board, and I missed these two glasses, which I had seen there about five o'clock, and this was after seven o'clock—this is my father's.
Prisoner. I was passing, and two boys were there, one of them put his hand through the pane of glass, and took this—the boy said, "Hold this while I tie my shoe"—the man came and took me up. GUILTY .—Aged 16.— Transported for Seven Years.
I am the wife of James Jordan, of Hattoan-wall. I employed the prisoner about three weeks ago, to nurse while I was ill—I
missed these articles—they were in my husband's care for the purpose of being washed—I take in washing.
JOHN EUSTACE ANDERTON . I am shopman to Mr. Moate, of Little Warner-street, a pawnbroker. I produce a flannel shirt which the prisoner pawned on the 21st of January—I also produce a bed-gown, pillow-cue and shift; and another shift pawned by her.
THOMAS HAMMOND (police-constable G 209.) I took the prisoner—I went to her room and found this shirt, and she gave me up the duplicates of the others. (The prisoner pleaded poverty.) GUILTY . Aged 37.—Recommended to mercy.— Confined One Month.
HENRY FOWLER . I am foreman to Mr. Watson, of Hereford-place, Commercial-road, a pawnbroker. On the evening of the 21st of January, about seven o'clock, the two prisoners came to pledge a pair of kid shoes—Harvey had them—I asked her what she wanted, she said 2s.—I asked whether it was her property, she did not answer—I then said again, "Whose are they?"—she passed them to Jones, and said, "They are yours"—I then asked Jones if they were hers—she said, "No; they are my sister's"—I said, "What is her name?"—she said, "Jane Jones"—I had that morning received information about a pair being stolen, and that induced me to give them into custody.
HENRY LONG . I am foreman to Thomas Dubble Dutton, of Whitechapel-road, a boot and shoemaker. On the 20th of January, the prisoners came to buy a pair of wooden clogs, for which they paid 9d.—I missed a pair of kid shoes which I had that morning taken out of the window, and put over a chair-back, on which one of the prisoners sat—these are the shoes—they were safe half an hour before they came.
Harvey. I dealt in Petticoat-lane—I bought three pairs that afternoon, and I believe there is a witness that saw me—I gave 4s. for the three pairs.
(The prisoners received a good character.)
JONES— GUILTY . Aged 19.— Confined One Month.
HARVEY— GUILTY . Aged 17.— Confined Three Months.
WILLIAM ADAMS (police-constable E 119.) I stopped the two prisoners in Mortimer-market, on Sunday, the 22nd of January, about six o'clock in the afternoon—I found this tailor's iron on Ratnett—he said he had picked it up in John-street, and Devine said he saw him pick it up in John-street—it was so hot I could scarcely hold it.
Cross-examined by MR. DOANE. Q. Was it concealed? A. Yes it was.
Cross-examined. Q. Do you keep the shop? A. Yes—I know Devine; his father is a very respectable man.
(The prisoners received a good character.)
RATNETT— GUILTY . †Aged 17.— Confined Three Months.
DEVINE— GUILTY . † Aged 11.— Judgment Respited.
NEW COURT.—Monday, February 6th, 1837.
Fifth Jury, before Mr. Common Sergeant.
CATHERINE GRAVES . I live with a man named Smith—I lodged with Sophia Wood. This rug and sheets were let to me with the room—I knew the prisoner for five or six years, and took her home for two or three nights, she said she was out of lodgings—I went out on Sunday evening, and came home in about half-an-hour—I found the door broken open, and the property gone—I did not leave her there—I had taken her home on the Wednesday or Thursday.
MARGARET BARRY . I am the wife of Lawrence Barry, of Church-lane, St. Giles's. I purchased this rug of the prisoner on Wednesday evening last for 3s.—I paid her 2s., and told her to come in the morning for the other—I could not read the mark on it—I never knew her before.
Prisoner. She mentioned before the policeman that there was another woman came with me. Witness. There was a woman in the next room to me, her name is Mrs. Hill—she and the prisoner were within.
Prisoner. That woman asked me to go with her to sell these things.
COURT. Q. Who spoke to you first about selling these things? A. Both of them spoke together—Mrs. Hill has lived in the next room to me for these three years—I told her to take them from me, and give me my 2s.; and when she did not give it me I went for the policeman.
THOMAS WALLACE (police-constable E 130.) I took the prisoner at Barry's house—she said to her, "You ought to give the other in charge too;" and said, "It is very hard that I should suffer for both, though I was in the room"—the prosecutor's house is about one hundred yards from Barry's.
Prisoner. I met this woman, who I know by seeing in the market—she asked me to go with her to Mrs. Barry's—she had the 2s.—and she was to come the next day for the other.
Prisoner. I will take my oath she gave the other woman the 2s.—I went up the next day, and when she asked me for the 2s., I said she had tatter give the things to the woman, and she went and got the policeman.
NOT GUILTY .
JAMES ALEXANDER . I am shopman to William Stevens, of Marylebone, a shoemaker. On Saturday, the 3rd of December, the prisoner came and asked for a pair of women's cloth lace-boots, which I showed him—he said he wanted some to be sent, and asked if we had any good Clarence boots that would fit him—he ordered them to be sent to Mr. Wilson's, No. 10, Great arlow-street—I agreed to go at ten minutes after nine o'clock—I went to the place, and took five pairs of Clarence boots, one pair of Wellingtons, and six pairs of women's cloth boots—I met the prisoner twenty yards from the shop—he said he was coining back for me—we went to the place, and knocked—the door was opened by a young woman—he went a step or two down stairs, and brought up a candle, and said, "Come on, I will try mine on first"—he went up stairs, and tried on the boots, and decided on one pair—he then said he would go and fit his wife and brother, whom he represented to be below stairs—he went down, and did not return—I am sure the prisoner is the man.
Prisoner. Q. Did you not, on the first examination, swear that I was dressed exactly as I am at present? A. No—I did not swear that, I met you close to the house, No. 10, Barlow-street—I stated you were about twenty yards from the shop—I did not say that any thing I could do, or any flaws 1 could make, I would to get you off.
JANE STEVENS . I am the wife of Henry Stevens, a carpenter, of Great Barlow-street. On Saturday afternoon, about four o'clock, the prisoner came and took a back room on my second floor—he represented himself as a butcher—he returned about nine o'clock at night with Alexander, who brought some bags—they went up stairs, and in about ten minutes the prisoner came down, and asked me if he might leave the street door open, as he should be back in about ten minutes—I said, "Yes"—he went away, and did not return—I saw no more of him till he was in custody.
Prisoner. The witness Alexander has perjured himself—he sent word to me that any flaws he could make he would to get me off—I sent a person out to speak to him, and he said he would.
GUILTY . Aged 21.— Transported for Seven Years. (There were two other indictments against the prisoner.)
629. THOMAS EASTGATE was indicted for feloniously forging, on the 6th of December, a request for the delivery of 6 pair of cloth boots, and 2 pairs of Blucher boots, with intent to defraud Joseph Poole—2nd COUNT, for uttering the same with a like intent.
JOHN CROSS . I live with Mr. Poole, a wholesale boot and shoemaker, Broad-street, St. Giles's. About seven o'clock, on the 6th of December, the prisoner came and presented this order from William Huddard Dutton, of Knightsbridge—I am sure he is the man—I had seen him before—(reads)—"Send by the bearer six pairs of your best cloth boots, from 6 to 9; also four pairs of best strong Bluchers"—I know Dutton, of Knightsbridge, and have been dealing with him for a considerable time—I took the prisoner into the warehouse and looked the boots out—I sent six pairs of cloth boots and four pairs of Blucher boots by him, in consequence of this order, believing it to be genuine—I did not see any thing more of him till he was taken.
Cross-examined by MR. PHILLIPS. Q. Do you know whether Mr. Poole
has got his money for the boots? A. I do not—I never beard him say that he was paid—I saw him here to-day.
WILLIAM HUDDARD BUTTON . The prisoner formerly lived with me as shopman—he has left me about three months—I did not send him to Mr. Poole's on the 6th of December last—he bad left me some time before—I did not write this order, or authorize him to take it; or suffer him to make it, or take it—it is his handwriting.
Cross-examined. Q. I suppose you said before the Magistrate that it was his handwriting? A. I did—this is my signature to these depositions—it was read over to me before the Magistrate—I attended to it, and then signed it—I paid for these boots, in January, 4l. 2s.—the prisoner owed me something less than 4s. 6d.
COURT. Q. How came you to pay this 4l. 2s.? A. It caused a delay, because I could not find this invoice, and Mr. Poole sent once or twice—I considered I must have bad the goods because I never had an error in Mr. Poole's account before—I have three shops, and I thought it might have been sent to one of them—the money has since been refunded—there was nothing said about a forged order.
MR. PHILLIPS. Q. Did you say that you knew it was a forged order? A. No, I did not—I am not aware that I told anybody at the time I paid the money, that I ought not to pay it, that the goods had been improperly obtained.
Q. Did you say to Mrs. Eastgate that when you paid for the goods you knew they had been improperly obtained, and you ought not to pay for them? A. I never said so.
METCALFE (Police-constable 183.) I took the prisoner into custody—he denied all knowledge of giving the order for the boots—I said nothing else to him—he denied ever being in Mr. Poole's house.
MR. PHILLIPS called
ANN EASTGATB . I am the prisoner's sister, and am single. I remember seeing Mr. Dutton on the subject of this charge—he told me that at the time he paid the money he knew the goods were improperly obtained, and he ought not to have paid it.
(The prisoner received an excellent character.)
GUILTY on the 2nd Count. Aged 31.—Recommended to mercy. Confined Two Years.
JOHN HENRY DEAR I am foreman to Mr. James Haley, a salesman of Covent-garden market. He had a cover on the 26th of January—I left it between eight and nine o'clock over the potatoes—the next morning when I came it was gone—this is it.
JAMES JONES . I am a constable of Covent-garden market—I saw the prisoner take this cover on the 27th, at half-past two o'clock, from the potatoes—he took it half off, and then came and took it quite off—I took him across the street with it.
Prisoner. That is false; it was lying down, and I was taking it to the station, in hopes of a small reward.
GUILTY . Aged 44.— Confined Three Months.
631. WILLIAM STEWART and FREDERICK WILSON were indicted for stealing, on the 31st of January, 1 till, value 1s. 6d.; 10 half-crowns, 15 shillings, 20 sixpences, 61 pence, and 120 halfpence; the goods and monies of Thomas Meredith.
THOMAS MEREDITH . I live in Edgeware-road, and am a chandler. At half-past seven o'clock, on the evening of the 31st of January, I was in my parlour writing, and in a few minutes I heard the till gingle—I ran into the passage, and saw Stewart with my till in his hand, across the counter—he ran out of the shop and down the three steps—I pursued, and hallooed "Stop thief"—he then shifted the till, which he had across his arms, into one hand, and then ran faster—he threw the till into the middle of the road and emptied its contents into the road—there was about 3l. in silver and copper—Wilson, with several others, came up, and began to have a scramble, and pushed me on one side—I did not see Wilson in the house, but he picked up some of the money, and we found him at the public-house with tome of the dirty money on him—Stewart ran a few yards further, and no into a policeman's arms—I never lost sight of him.
Wilson. I was not taken in a public-house—I was coming up the new road, ten or twelve yards from the door—I was not picking up the money in the road. Witness. Yes, I saw you do it.
JAMES WALLIS . I live in Green-street, Paddington. About twenty minutes past seven that evening I was walking in the road, and saw the prisoners together—I crossed the road and watched them till I saw a policeman, and acquainted him that I had seen them make two attempts—I saw them go to a linen-draper's shop, Wilson looked in, but he saw a man there and went back—they then went to a fish-shop, and then to a cheesemonger's—Wilson was going in, but a boy came out and told the policeman of it—in a few minutes we heard the cry of "Stop thief," and I saw the prisoner Stewart run into the policeman's arms—I saw the money in the road, and saw this gang of them picking the money up, the prosecutor had the till in his hand, and then the policeman and I went and took Wilson, who was looking into a public-house.
WILLIAM GLASCOCK . I am a policeman. I was called by Wallis—I heard the cry of "Stop thief," and Stewart ran into my arms—I took him to where the till had been dropped, and the prosecutor gave the till into my hands—I did not see Wilson then, but I locked up Stewart, and took Wilson in half an hour—I found 1s. 6d. in silver, and some copper on him, all dirty.
Wilson's Defence. It was halfpence that I had in change for some fish—I know nothing about it—I never heard there was a till lost till I was taken—when they say it was lost I was at my friends in Oxford-street—I was not with Stewart at the time.
Stewart's Defence. I left Wilson about five o'clock to get something for supper—I went round the road and heard a cry of "Stop thief," and ran into the policeman's arms—I had not seen the till—the prosecutor says he never lost sight of me, if he stopped to pick up the money he must have lost sight of me.
STEWART— GUILTY . Aged 20.
WILSON— GUILTY . Aged 20. Transported for seven years.
Shoreditcb, a pawnbroker. About two o'clock on the 27th of January, I was behind the counter, and received information—I ran up Magpie-alley, and when I turned Blossom-street, I saw the prisoner running, with a shawl and handkerchief in his left hand—he threw them down, and ran into tome person's hands—I came up immediately—the handkerchief was picked up by a little boy, and given to a policeman before I lost tight of it—these are the things—they were inside our door-way—they have our marks on them.
Prisoner. Two men ran by me, the witness turned back end then took me—I did not have the property.
GUILTY *. Aged 18.— Transported for Seven Years.
633. LOUIS SAN ROSE was indicted for stealing, on the 10th of January, 1 pair of trowsers, value 16s.; the goods of Thomas Merchant (The prisoner being a foreigner had the evidence interpreted to him.)
WILLIAM WILSON . I was shopman to Thomas Merchant, a pawnbroker, in Ryder's-court, Leicester-square. On Tuesday the 10th of January, about eight o'clock in the evening, the prisoner came into the shop to pawn tome things—soon after I missed a pair of trowsers—we ran out after him and saw him going up the court very quickly—as soon as be turned the corner we stopped him, and took these trowsers from under his cloak.
Cross-examined by MR. PHILLIPS. Q. Were not these trowsers produced to the prisoner? A. No—I swear that he did not offer to exchange some waistcoat pieces for them—I have taken pledges of him before—to the best of my knowledge on those occasions he spoke tome Italian and some English—I do not know Italian—he asked, in the best manner he could, the price of some waistcoat-pieces—he took them out of the shop with him—they were not left behind—there was tome one else in the shop, who is not here—I followed him instantly—the waistcoat-pieces were not found on him—the shop was swept out, and then if they had bees here they would have been seen—the prisoner lives opposite—I have since left the shop—I had a quarrel with Mr. Merchant—I gave him warning and I left, but that does not touch this case—I do not consider that it is proper I should tell you what it was about—I am not at all afraid of the disgrace—it was about an entry I had made in a book—a false entry they ailed it—my master did not turn me away—I left him the instant after he made the charge against me—I have reason to think he would have kept me, but I was rather spirited—I had given him warning a long time before, but he took no notice of it, and I did not wish to quit him—the entry was of a shawl for 5s., and that shawl could not be found—I took the shawl in—these things often happen—they get mislaid.
MR. PHILLIPS called
VINZENZO MARTOUCHI . I have known the prisoner about five months—does not understand one word of English, except yes and no—on the 7th of January he showed me two waistcoat-pieces, and wanted me to go the pawnbroker's, which is next door to my house—I told him I was
busy, but I would go on the Monday with him—he lives just opposite the pawnbroker's.
NOT GUILTY .
SARAH WEYSIME . I am the wife of Palsor Weysime, of Ely-place, Whitechapel. On the 27th of January I was up stairs, and received information—I came down to look for my child, and the carpet was gone off the bed—I had seen it about a quarter of an hour before—I came to the street door and saw the prisoner running down the street—she had something under her arm—a woman had brought the carpet in—this is it.
SARAH WALKER . I am the wife of James Walker, of Ely-place, Osborne-place. On the 27th of January I was in my apartment, and heard a footstep—I said, "Who is there?"—no one answered—I came out and saw the prisoner go out with something—I ran after her, and she dropped this carpet at my feet.
Prisoner's Defence. I was going along the street, when the prosecutrix came and charged me with this—I never saw her before—I have two fatherless children in Ireland.
GUILTY . Aged 32.— Confined Two Months.
MR. DOANE conducted the Prosecution.
EDWARD BATTEN WALMSLEY . I have two brothers in partnership with me—we are pawnbrokers and salesmen—one of our establishments is in Drury-lane—the prisoner was foreman and salesman in our employ. On the 22nd of January I went with an officer to the prisoner's house in Green-place—I found him there and these spoons, they are mine—there is my mark on them—I had three pairs, and missed one pair—I am sure they were not sold, as they would have been entered in the sale-book—he had no authority to take them to his lodgings.
Cross-examined by MR. PHILLIPS. Q. You found him at home? A. Yes—I laid traps before to try and get a case against him, but failed, through his ingenuity—I marked some money, and a person was sent in to buy things—I then had him taken up, but while I was out, he altered the book and made the money correct—I know he did so, because I had seen the books before; I left a boy in the shop—I indicted him for stealing fire-irons, and the Grand Jury threw the bill out—I have not sold one pair of spoons of this description since June 1835—I have sold thousands, but not with this mark—this is marked "P,"—it is plated—we found many little things that came from our stock, in his own room—I found these spoons in a bookcase, with some china and things—I refused him admittance because he came intoxicated on the Monday before the Sunday—he did not know that I knew where he lived—I had seen the spoons on the 24th of June last, when we took stock.
MR. PHILLIPS called
frequently been in the prisoner's house—I was there in November 1835; he had only one pair of table-spoons—I cleaned them then—I go there every month—I have every reason to believe these are the same I cleaned.
MR. DOANE. Q. You never saw more than one pair? A. No, and they were like these exactly—they had a mark on one of them, but I can not swear to the mark—as near as I can recollect it was an M—I do not swear to these positively.
ALFRED CURZON . I live in New Peter Street, Westminster. I know the prisoner—I was in the habit of dining with him on Sundays—I know he had a pair of spoons of this shape and make—I never saw three table spoons there.
Prisoner. I have several articles which have pawnbrokers' marks on them—I have been in business myself—there is hardly a week that pastel but two or three nights there is money over what is required.
NOT GUILTY .
636. JOHN ROGERS was indicted for stealing, on the 27th of January, 3 pewter pots, value 5s., the goods of Thomas Wintle: 1 pewter pot, value 2s., the goods of Samuel Brown: 1 pewter pot, value 2s., the goods of' Edward Wilks: and 1 pewter pot, value 1s., the goods of George Caslake.
GEORGE JOHN RESTIEAUX (police-constable E 49.) The prisoner was coming down Maynard-street, St. Giles's—I suspected he had something about him—I rubbed my arms down him, and found these pots—I took five, and my brother officer took out two—they were packed very close in his pocket with rags.
Prisoner. Distress drove me to it.
GUILTY .* Aged 18.— Confined Three Months; Three Weeks Solitary.
ELIZABETH RUSHBROOKE . I am the wife of Benedict Rushbrooke, of Goswell-street, a tobacconist. I was in the room behind the shop, on the 1st of February, and heard a noise in the shop—I ran in and did not see the prisoner, till the policeman found him under the counter—the till was on the floor—I missed 2 half-crowns, and 8 shillings out of it—the money as found in his mouth.
GUILTY . Aged 12.— Judgment Respited.
638. WILLIAM TUCKER was indicted for feloniously forging on the 5th of December, an order for 4l., with intent to defraud George Paul Fletcher and another.—2nd COUNT, for uttering the same with a like intent.
MESSRS. CLARKSON and DOANE conducted the Prosecution.
WILLIAM ARROWSMITH . I am foreman to Mr. Fletcher, a military tailor, of Bond-street. On the 5th of December the prisoner came then and asked if we worked for Mr. Bennett, the Member for Wiltshire?—I told him we did not—he said he had been dining with him, and he had recommended him to the shop—we have no transactions with Mr. Bennett, and I told the prisoner so—he ordered a black frock coat first, which I showed him the cloth for—he then ordered some other things—there was a read made cloak in the shop—he said, "By the by, have you such a thing as a cloak in the house?"—I showed him that one—he put it on and said be liked it very much indeed; it was just the thing he wanted—Mr. Fletcher told him it was 4l.—the prisoner said he would give a cheque for the amount—he asked for some paper, and wrote this cheque which I have here—he gave it me and took his departure with the cloak on—I saw him taken into custody on the 21st of January—I saw a pocket-book and some duplicates found on him—he gave the name of William Tucker—(chequeread.)
"London, Dec. 5th, 1835. Messrs. Herries and Co., pay Mr. Fletcheror bearer the sum of four pounds. Henry J. Adney."
GEORGE PAUL FLETCHER . I am a tailor, and live in Bond-street. I have one partner—I was rung down into the shop on the evening of the 5th of December, between five and six o'clock—I saw the prisoner there, and a list of clothes which had been ordered by him—he had the cloak on his shoulders—he wished to take it, and wished to give a cheque—I told him it was 4l.—he gave me this cheque, which he wrote in my presence, in the name of Henry J. Adney.
WILLIAM THOMAS MATTHEWS (police-constable C 92.) I took prisoner on the evening of the 21st of January, in a public-house, in St. John's Lane, Smithfield—I knew him before—his name is William Tucker; and he gave that name at the station-house, and before the Magistrate—I found in his pocket-book an admission as a solicitor in the Court of Chancery, in the name of William Tucker.
GUILTY . Aged 30.— Transported for Life.
There was a similar indictment against the prisoner to which he pleaded
The 2nd of January—I placed a gold eye-glass on the table, and my wife placed her ring there—I missed them the next morning, about eleven o'clock—this is the eye-glass—I had a little girl in my service, who ran away that morning.
NOT GUILTY .
640. ELIZABETH PIPER was again indicted for stealing, on the 3rd of January, 1 shawl, value 10s.; 1 handkerchief, value 2s. 6d.; 5 pairs of stockings, value 10s.; 2 thimbles, value 1s.; and 1 pair of bracelets, value 5s.; the goods of Margaret Baker.
SARAH GROVE . I was servant to Margaret Baker, of Jeffrey's-terrace, Camden-town. On the 3rd of January a lad called me out of the kitchen, and the prisoner was on the stairs—I asked what she wanted—she said, "Miss Adams, a dressmaker"—I said there was no such person in the house, nor on the terrace—I afterwards missed these articles—I followed, and gave her into custody, and these things were found on her—they had been in a drawer in Miss Baker's bed-roorm—the prisoner must have been up-stairs.
Cross-examined by MR. PHILLIPS. Q. It this house Miss Baker's own? A. Yes—she is single.
(The prisoner received a good character.)
GUILTY . Aged 47.—Recommended to mercy.— Confined One Month.
Fifth Jury, before Mr. Sergeant Arabin.
541. THOMAS ROBINSON was indicted for stealing, on the 80th of January, the materials for 3 pairs of shoes, value 7s. 6d., the goods of Joseph Meek.—2nd COUNT, stating them to belong to James Michael Hyde.
JAMES MICHAEL HYDE . I am a journeyman shoemaker. The prisoner it the same, and lodged about three weeks with me—he was not able to earn a living for himself—I supported him—on the 80th of January I hid the materials for six pairs of shoes, and three of them were taken out of my room—the prisoner had access to them—I afterwards found him at the Refuge for the Houseless—he was searched at the station-house, and all he materials were found on him, except the soles and lifts—there are them.
Prisoner. Distress drove me to it.
GUILTY . Aged 32.—Recommended to mercy.— Confined Six 'Weeks.
the 1st or 2nd of February—we marked a 5s. paper of halfpence and twelve penny-pieces—I put them into a drawer in the bureau in my parlour—the next morning I let the policeman in at five o'clock—I went upstairs and rang the bell to call my servants up—the prisoner ran down stairs first without his shoes, and directly he got down he opened the drawer with a key—I was not there—I lost 4s. 3 1/2 d.—I taxed the prisoner with having stolen the property—seventy-two marked halfpence and nine marked penny pieces were found on him—it was part of the money I had put into a bowl in the drawer—it was found in his pockets—he said, "It is all my property"—I told him unfortunately for him they were marked, most of them—he then begged for mercy, and said it was the first time he had done any thing wrong—here is the money, seventy-two halfpence and nine pennypieces—I can swear to it all.
Cross-examined by MR. PAYNE. Q. Where was he when he said be hoped you would forgive him? A. In my room—this is the mark—the officer was present when he begged to be forgiven—I went with him to the station-house—he said it several times over—I am quite sure it was said in my parlour—the drawer was locked.
JOHN KERSHAW (police-constable G 123.) I saw the prosecutor mark some money, and I marked some—I left it in the prosecutor's hands—I went the next morning, and 4s. 6d. in halfpence and pennypieces were found on the prisoner—I said he had been robbing his master's till—he said, "No; all the money I have got is my own"—I said, "You will find that different"—I called for the prosecutor to come down—I then said I had caught the thief—in going to the station he said, "Master, this if my first time; I hope you will forgive me."
Cross-examined. Q. Then he did not say so several times in the parlour? A. Yes he did—he asked the prosecutor to forgive him in my presence in the parlour.
GUILTY . Aged 27.— Confined Six Months.
FRANCIS WILLIAM GERISH . I am an ironmonger and smith, I live in East Road. The prisoner came into my service as clerk—it was his duty to take out bills and receive them—I have a customer named Thomas Smith the—prisoner never paid me 2l. 3s., as received from him—I had discharged him—he did not suit me, and in about a fortnight or three Weeks I discovered this.
Cross-examined by MR. PAYNE. Q. I believe you told him you meant to do the writing part yourself? A. I did not—Mr. Jones recommended the prisoner to me—Jones was to give a bond with some other gentleman—but I did not think the prisoner would suit me, and I thought it would be useless to put him to that trouble—he did not come to my house, the day before he was taken, with Mr. Jones—I saw him at Mr. Jones's house at the time I had him taken—I had no interview with him at Mr. Jones's on the Saturday before—I went to Mr. Jones, and he left word for him to call at his house—when he came he sent for me, and I went—the prisoner was there and was taken—I remained there with Mr. Jones and the prisoner full two hours—I did not offer to take the money from the prisoner if he could give it me—I left myself open to Mr. Jones—I said I would abide his decision and he said the case was one that ought to be prosecuted—I offered to take the money when I first went to Mr. Jones.
Cross-examined. Q. What is the date of that? A. On the 6th of January it was paid—I believe the prisoner afterwards came with the money, but I was not present.
GUILTY . Aged 41.—Recommended to mercy by the Jury.
Confined Three Months.
(The witnesses being called did not appear.)
NOT GUILTY .
JOHN M'CRAW . I am a policeman. On the 3d. of January, I stopped the prisoners between eight and nine o'clock in the evening in Bath-street, upwards of a mile from the prosecutrix's—they were in company, and Squires had this copper on his right shoulder—I asked what he was going to do with it—he said to sell it to Mr. Barnes, of the City-road—I asked if it was his—he said yes, and he lived at No. 85, Banner-street, which is close by, that it was part of the fixtures of his own house, and he had bought that with a blind and water butt for 1l., and was going to sell it because he was out of work—Day said it was perfectly right, and that Squires was his brother-in-law—he knew it was part of his fixtures, and he bad bought it with a blind and water butt, and he had helped him to poll it down—I took Squires to the station, and Day walked away sharply—I told another officer to bring him back—I went to No. 35, Banner-street, and then found their tale was not true.
Cross-examined by MR. DOANE. Q. Did not Squires give you his direction? A. Yes, and there was a copper wanting there, but that was not this copper—there was a great difference in their sizes, and in the make of them—I should not have known the difference—I learned that negotiations had been going on between Squires and his landlady next door for a copper—she had the copper which he had had in her house, and his house was without a copper—there is a mark on one side of this copper, and a streak on the bottom.
COURT. Q. Did you fit this copper at Mrs. Haynes? A. Yes—and it fitted exactly.
ANN HAYNES . I live in York-street, st. James's, and am a mangler. I saw the copper the officer found—it had been fixed in a wash-house in my back yard—it was taken away on the 2nd, between six and seven o'clock in the evening—there is a gate for the lodgers to go in and out—the copper is worth about 1l.—I do not know either of the prisoners.
Cross-examined. Q. The 2nd of January was on Monday? A. Yes; it was on Monday evening the copper was taken—I saw it safe at six o'clock, and missed it about hall-past, or before seven o'clock—thereisa
mark on it that enables me to swear to it—I keep the house—three families lodge there, and the door is not fastened till all are in.
Days Defence. I had been after my own employment as a shoemaker met Squires in Banner-street—it was not five minutes before the and inspector met us, and took us into custody—I have a wife tad six children.
SQUIRES— GUILTY . Aged 27.— Confined Six Months.
DAY— NOT GUILTY .
HORATIO HASLEHAM . I live in Jerusalem-passage, and am a broker. On the 23rd of January I missed a writing-desk—I did not see it taken, I was told of it—I went out about one hundred yards, and saw the prisoner carrying it—I took him—it had been standing on a music stool, inside the shop—I have seen him three or four times lurking about my shop.
GUILTY .* Aged 20.— Transported for Seven Years.
STEPHEN HOLLAND (police-constable T 38.) I was on duty on the 21st of January, in the Acton-road, in Hanwell parish. I met tone wagoners, who complained that they had been ill used, and robbed of a scraper, and they wished us to go in search of the thieves—we went back to the Green Man, at Ealing—the wagoners there pointed out four persons as being concerned in the robbery; and one in particular, who bad the scraper with him—I took that man into custody, and was taking him towards Ealing to the station-house—I had seen this prisoner in the tap-room, he was not one of the parties accused—it was said he bad assaulted the wagoners, hut I did not take the prisoner into custody then—I took another man—when I was going along the prisoner struck me a violent blow on the left side, and the prisoner I had escaped at the time—I tell I suppose ten yards, and got up and took the prisoner and called my brother officer, Cook, to take him—I ran after the man who had ran away, but I could not find him—it was entirely through the prisoner striking me that the other man escaped—he sprained my thumb.
Prisoner. I am very sorry, but I never struck him at all.
THOMAS COOK (police-constable T 45.) Holland has related correctly all that passed. I saw the prisoner knock him down, and in con-sequence of that the prisoner he had in custody escaped—I was leading this prisoner and he got from me and struck him—the man that escaped took the scraper from Holland's hand—the prisoner offered us half a gallon of ale if we would let him escape.
Prisoner. He would not give his evidence the same as the other did, till the officer threatened to report him—I never struck him at all.
GUILTY . Aged 22.— Judgment Respited.
OLD COURT.—Tuesday, February 1th, 1837. Third Jury, before Mr. Recorder.
648. MARY EAST, MARY HILL , and ISABELLA PAGE , were Indicted for a robbery on Job Hinton, on the 22nd of January, putting him in fear, and taking from his person, and against his will, 1 half-crown, and 2 shillings, his monies.
JOB HINTON . I live in Hart-street, Covent-garden. On Sunday morning, the 22nd of January, between three and four o'clock, I was proceeding towards home and was accosted by Hill, who wished me to accompany and six company her home—I refused several times, and walked about one hundred yards towards home—she followed me, and persuaded me to go back with her—she took me down a court at the bottom of Bases-street, Whitechapel—I gave her 4s. 6d., and before I had been in the room two minutes, she called up the prisoner Page, who demanded more money from of me, which I refused to give her—she said if I did not give it her she would call her father—I still refused, and said if they did not let me go then I should go to the window, and call a policeman—one of them followed me to the window, and said if I offered to make any alarm I should be thrown out—I refused to give them any more money on any consideration, and wished to go—they then called up East, they put their backs to the door, and refused to allow me to go down stain—they called out to somebody on the outside to hold the door, and said I should not go till I gave them more money—I took what silver 1 had out of my pocket, and kept it in my hand—it was a half-crown piece, and two shillings—the two shillings were taken out of my hand first; I cannot say by which, there was so much confusion—the half-crown was then forced out of my hand by East—I lost 2 1/2 d. at the same time, but whether I gave it them I cannot say—I was as sober as possible—they then opened the door and said I might go—I was just stooping down, and received a shove, whether it was done intentionally I cannot say.
Hill. He gave me 4s. 6d.—I never used any bad language to him—I was not in the room when he was robbed.
Page. He gave me half-a-crown to stop with him all night. Witness. I refused to stop there all night, time after time.
HENRY COTTON (police-constable H 60.) The prosecutor took me to Brigg's-court, Essex-street, about five o'clock on Wednesday morning, the 22nd of January, and pointed out East as the person who forcibly took half-a-crown from him—he described the other two, and I left their description at the station-house—they were afterwards taken.
GEORGE SEAMAN (police-constable H 150.) I went with the prosecutor to Brigg's-court on Sunday morning between six and seven o'clock—he complained to me of being robbed of 5s.—he pointed out Hill as she stood by the fire, and said she was one that had robbed him in the morning in that house—on taking her to the station-house, she told me she had not robbed the man, that he had accompanied her home and had given her 4s. 6d., and 2s. to another girl, who was not in custody—nothing was found on her.
Hill's Defence. What the prosecutor says is false—I went home with him—he gave me 4s. 6d.—I went out to get something to drink, and when I returned he was gone—I heard the other prisoners were charged with robbery, and I said I would stop to see if I was charged with it.
JOB HINTON re-examined. I had 9s. when she accosted me—I had counted it shortly before—I had received 30s. for my week's wages, and had changed a half-sovereign—I am single, and have no regular place of residence—I distinctly heard all they said—Hill called "Maria"—she seemed very well satisfied with what I gave her—I had been out with a few friends that night towards Bow, and was returning home—I was never in
Brigg's-court before—I did not lose my sovereign—I had concealed it in another part of my dress—I took my silver out because they began to feel me down, to see if I had any thing in my pocket—I had only drank two small glasses of gin and water—it was about ten o'clock when I left my friends at Bow.
EAST— GUILTY .—Aged 23.
HILL— GUILTY .—Aged 20.
PAGE— GUILTY.—Aged 19. of stealing, but without violence; confined six months.
NEW COURT.—Tuesday, February 7th, 1837.
Fifth Jury, before Mr. Common Sergeant.
649. JOHN RICHARD SMITH was indicted for stealing, on the 12th of January, 69lbs. weight of butter, value 3l. 5s.; and 1 firkin, value 4d.; the goods of John Evans, his master: and ROBERT FAIRBURN , for feloniously receiving the same, well knowing it to have been stolen.
MR. PHILLPS conducted the Prosecution.
THOMAS WAKELING . I live in James-street, Bethnal-green—I have been in the employ of the East India Dock Company. On the 12th of January, at twenty minutes before eight o'clock, I was in Shoreditch with Weston, and watched the shop of Mr. Evans—I know James Fairburn—I had seen him on the Tuesday before, come out of the shop—on this morning I saw James Fairburn on the opposite side of the way to Mr. Evans's—after I had seen him some time I saw him cross over, and Smith came to Mr. Evans's door and beckoned with his finger—James Fairburn then walked into the shop, following Smith—I saw Smith cone to the door again, and look each way—he then went in, and James Fairburn came out with an Irish firkin on his shoulder, which appeared to be fuli of butter—I could not see the head—I only saw the bottom as he carried it on his left shoulder—I directed Weston to follow him—I followed at lone distance also—he turned down Swan-yard—his journey ended in Gibraltarwalk—he put the firkin down on the stone outside, and he and Weston went into the shop.
Cross-examined by MR. CLARKSON. Q. What are you? A. labourer in the East India Dock Company—I have not worked there since Christmas—they have discharged a great number of hands—I have since been dealing in poultry, or any thing I could do—I do not keep a beer-shop—I did up to Michaelmas for a half-quarter, in Margaret-strset, Hackney-road—I gave that up on my own account—I have been hew before, where I am now, and I was in the dock—I came to give a character to a man named Tweed, who lived with me, when I kept a shop in Longalley—I was warned by the Judge a second and third time before I answered, but I was ignorant of the prisoner ever being a bad character-was not aware that he had been committed—that was the sessions before Christmas—it might be a week after the half-quarter that I left the beer-shop—I swore I was keeping a beer-shop then, but when I went home I gave it up—I was locked up from Friday till Tuesday morning.
THOMAS WESTON . I am a biscuit-baker, living in Bethnal-green was watching Evans's shop this morning, and saw James Fairburn come out with a firkin of butter—I followed him—there was a mark and a small on the head of the firkin—I watched it to Fairburn's shop, where it
was taken to—I went to Mr. Evans's, and gave him information—I looked over the warehouse, and saw there three firkins corresponding with what James Fairburn had on his shoulder—they were all full—I went with Mr. Evans and Hanley to Fairburn's shop with a search warrant—I saw the prisoner Robert Fairburn—he said he was master of the shop—the officer searched—we found some butter which had just been turned out, and we found the staves of a butter firkin and the head—half of one of the staves as deficient.
COURT. Q. Were you with Wakeling? A. Yes—I was not to near the shop as he was—I was walking backwards and forwards thirty, forty, or twenty yards off—I had the same opportunity of seeing every thing as he had—I saw every thing which he saw—we were not together—he was standing at the public-house door.
JAMES WEBSTER . I am carman to Mr. Evans. On the 13th of Jan nary, in consequence of information, I went through the shop into the warehouse—I saw Smith, and a man supposed to be James Fairburn-Smith asked me if I knew the price of these butters, whether they were 110's or 112's—he had his hand on a firkin of Irish butter—there were a great many firkins there of "3 I" and "2 I"—this was "2 I"—I went through the stable into the street, and again through the shop—I saw smith there—the other man was gone—the firkin, that Smith had his hand on was not there.
JAMES HANLEY . I am an officer. I executed the search warrant in the house of the prisoner Fairburn on the 12th of January, about one o'clock—Mr. Evans and Weston accompanied me—there was a woman in the shop—I observed some butter on a board in the shop, in the shape of an Irish firkin—the prisoner, Robert Fairburn, came into the shop while I was there, and asked what I wanted—I told him I was an officer, and had a search warrant—I read it to him, and told him not to obstruct me—I asksd who was master of the house—he said he was—I said, if so, if I found any stolen property, he must ber esponsible for it—he did not reply at that time, but he afterwards said he was master, and his name was Fairburn—I said there was another Fairburn, and I asked him where he was—he said, "Find it out"—Waters came into the shop—I asked him. in presence of the prisoner, where the firkin was that was brought in that morning—he pointed to a place, where I found some staves, some hoops, and the bottom of a firkin—the prisoner, Robert Fairburn, went and spoke to Waters in rather a whisper—I could not hear what he said to him—I asked Waters where the head of the firkin was—he said he did not know—Mr. Evans made his mark on the butter, and left it behind—the next day I went and took Robert Fairburn up—I have been hunting for James Fairburn, and hare not been able to find him—I apprehended Smith the same evening at his mother's house, and I asked him if he had teen Fairburn at Mr. Evans's house—he said he had—I asked him if he saw him take the butter firkin—he said he did not.
MR. CLARKSON to THOMAS WESTON. Q. Was the shop-boy cleaning the windows at Mr. Evans's, at the time you saw Fairburn come out with the butter? A. Yes, he had just commenced.
JOHN WATERS . I live at No. 12, Reliance-square. I was shop-boy to Mr. James Fairburn on the 12th of January—I remember his bringing a firkin of butter home that morning—I know Weston. he caw along with James Fairburn—I remember Mr. Fairburn sending me to Mr. Evans's for a bill of the butter—that was after Weston came in, and saw
the firkin laid down—I got no bill—when I came back, the hoops were on the firkin, but the head was gone—I saw Robert Fairburn, the prisoner, turn it out of the tub—I cannot say whether it was the same that James had brought—Robert Fairburn pulled the firkin to pieces, as he took it off the butter—I put the pieces away—I told the officer where they were—I cannot say what it was Robert Fairburn said to me while the officer was there, I cannot remember—I heard it, but I cannot remember what it was exactly—I cannot say what it was about.
JOHN STEVENS . I am clerk to Mr. Evans. On the 11th of January the prisoner Smith came to me for some butter to sell retail over the counter—I told him he could take three firkins from the warehouse, marked "Diamond B" from 83 to 87 inclusive—I saw him take it from the whole sale stock, into the shop—in consequence of something I heard, I searched the wholesale stock on the 12th—I did not miss any thing there, fat I searched the retail stock, and missed one of the firkins, No. 86—I searched the back yard, and found Nos. 83, 84, 85, and 87—three of them were empty, and one full.
Cross-examined by MR. CLARKSON. Q. How long have you been in the service of Mr. Evans? Q. About eight months, and Smith, the last time, about six months.
WILLIAM HUTT . I am foreman to Mr. Evans. On the 11th of January Smith said he had five firkins of Irish butter, and requested me to mark them off—they were marked with a Diamond B, from No. 83 to 87.
JOHN EVANS . I live in Shoreditch. The prisoner Smith has been in my employ, the last time, about six months—the first time, I think, about four months—about half-past nine o'clock, on the 12th of January, I received information from Weston—I examined my stock, and found it all right, except five firkins which were in use for the retail counter—I asked Smith if any one had taken any butter out that morning—he said, "No"—I then asked if any body had been there—he said, "No" to that also—I meant in the wholesale department—he said there had been customers at the retail counter—he said it must be a mistake of the witness Weston to say that a firkin of butter bad gone out that morning—Weston had spoke it plainly before him—I again asked Smith if he was sure no one had gone out—he said, "Yes"—I said, "Has no one been here?"—he then said there had been a person inquiring the price of butter—I went to the prisoner Fairburn's shop—I have heard what the officer and witnesses have stated, which is correct—I saw some butter, which I looked at and tasted, and which I believe came out of my shop—we found the staves and the bottom' but not the head, although we made diligent search—I asked Waters some questions, and Robert Fairburn said, "Do not answer any question this it not the place to answer any questions—let them be answered at Worship-street"—I said we had better go Worship-street—I have been fourteen or fifteen years in the trade—it is not the custom to smash up firkins, except in a case of necessity, when the butter cannot be got out without—in general they are kept and sold—the butter weighed about 691bs.
Cross-examined by MR. CLARKSON. Q. I believe you know where Smith's mother lives? A. I did not till the day of this transaction—I was not at home when he went away—he returned the next day, and asked me to settle with him—I said I should not, I was surprised at his coming, and that he might consider himself fortunate that he was not in prison, and
to get out of the way—he told me a person had been there to ask the price, and he said 110s. or 112., and he referred them to Hutt.
Cross-examined by MR. JONES. Q. Did you know Fairburn before? A. No—when we sell the firkins with the butter, I do not know whether is common for small dealers to break them up—it is not the custom of the trade generally—this was Irish Carrick butter, which is commonly sold about town, I should suppose by every one in the trade—I had seen these firkins before that morning in the warehouse.
COURT to THOMAS WESTON. Q. What time did you see the butter go out? A. About a quarter before eight o'clock—I followed close, and went to Fairburn's shop—I did not see Robert Fairburn ther then.
NOT GUILTY .
650. MARY MAGNUS was indicted for stealing, on the 4th of June, 10 sheets, value 60s.; 4 bedgowns, value 15s.; 4 caps, value 15s.; 2 table-cloths, value 4s.; 1 gown, value 10s.; 1 petticoat, value 3s.; and 1 pillow, value 5s.; the goods of Hannah Hart her mistress, in her dwelling-house.
HANNAH HART . I live in Spencer-street, St. George's in the East. It is my uncle Hart's dwelling-house, and not mine—the prisoner lived servant with me—I went out on the 4th of June, and when I came home, I found my box broken open, and these articles gone—part of them were new—they have my marks on them—I never saw her after that.
Prisoner's Defence. I lived about a month in the service of my prose cutrix—I had no bed to laid on, and lay on the boards—my wages were but 1s. a week—I was in a state of starvation—I was taken from another situation, and charged with stealing these things.
GUILTY of Stealing only. Aged 19— Confined Six Months.
651. ROBERT COOMBS was indicted for breaking and entering the dwelling-house of Thomas Sparrow, on the 24th of November, at St. Leonard, Shoreditdch, with intent to steal, and stealing therin, 1 necklace, value 7s. 6d.; 1 pair of earrings, value 2s. 6d.; 3 petticoats, value 3s. 6d.; 1 looking-glass, value 10s.; 3 gowns, value 32s.; 1 shawl, value 30s.; 1 handkerchief, value 7s. 6d.; 2 pais of stockings, value 7s.; 1 table cloth, value 8s.; 2 bed-gowns value 2s.; 3 yards of calico, value 2s.; 3 shifts, value 4s.; 3 smelling-bottles, value 1s. 6d.; 1 pair of bracelets, value 2s.; 3 towels, value 1s. 6d.; 1 handkerchief, value 2s.; 1 table cloth, value 10s.; 1 iron pot, value 8s. 6d.; 7 yards of carpet, value 5s.; 1 tea-kettle, value 8s.; 1 set of fire-irons, value 6s.; 1 decanter, value 4s.; and 1 water-bottle, value 1s.; his goods.
the prisoner came to my house with my wife's sister—he stopped twenty minutes or half an hour, but did not exchange five words with me—on the 24th the officer came with a peace-warrant, and the prisoner, who was with him, walked to a public-house, and treated us with ale, and I was committed for want of bail—on the 26th I got out, and went to my wife's mother's, and the prisoner flew from the house, and gave me into custody—I was taken to Mr. Broughton—I told him the particulars, and he dismissed me—and every thing in my house was taken away during my absence, even the grate was torn out, because I would not sanction the prisoner's marriage with my wife's sister—I had locked my house, and put the key into my own pocket—I left every thing safe—I came to the house the next day, the 25th, about eleven o'clock at night, after I was released from Clerkenwell—it was locked up, the same as I left it, as I thought, but when I unlocked my door and went in, all these things were gone—an old store and an old box were all that were left—the lock was the same as I bad left it, but there was a on catch put on which the lock locks into—here is a great deal of property—every thing is mine—I found some of it at Mr. Hodge's, in Hackney-road—the prisoner came to our mews in a cab, on Wednesday night after Christmas-day, with these boxes and this property in them—they contain linen and wearing apparel—he was taking the boxes out of the cab when I took hold of him—this other box, with more clothes, was in the cab—he did not say any thing—I came down, and seized him—he tried to get away, and kicked me, and I gave him in charge.
Cross-examined by MR. PAYNE. Q. Did you dispute with your wife about his paying his addresses to her sister? A. Yes—I did not turn my wife out in the middle of the night with half her things on the night be fore, Atfield and the prisoner came to me, she got the warrant out, and came with the prisoner and the officer and served it—when I went away, I pot the key into my pocket, and left my wife locked in the house—I certainly locked the door against her on the previous night—she was outside—I was sent to Clerkenwell for want of bail—I was bailed the following day—I went to my wife's mother's house on the Saturday—the prisoner lodged there—I laid hold of my wife, then a scuffle took place, and a pane of glass was broken by the poker which my wife had in her hand—the prisoner went and got the policeman—that was the charge on which I was dismissed—I was in bed when the prisoner came to the mews in a cub—I heard his vow and came down—I heard my wife say something in the presence of the prisoner, the second time I was before the Magistrate, about sending the things to him, she is living with me now—she staid at her mother's from the 24th until boxing-day.
ELIZA SPARROW . I was locked up in this house, and the prisoner broke the lock and let me out—he had the property removed—I did not direct him—I was not there when he took it away—he brought a cab and stripped the place in broad day—I did not say any thing to him—I did not know what to do at the time—I was agitated through the ill-treatment of my husband—the prisoner did not tell me where he was going to take it, he carried it all off—I did not ask him to break open the house—I did not authorize him to take the things—there was no sale—it was after 1 left my mother's house—I saw no sale, he gave me no money, nor any account of any sale.
Cross-examined. Q. How long had you known him? A. I had never seen him above three times before, when my sister brought him to the house—I understood that he was paying his addresses to her—my husband would not allow me to go to the wedding, he turned me out between one and three
o'clock in the morning on the 23rd—I walked about till day-break, and then went to my mother's house—the prisoner lodged there, he offered to go to the police office—I went with him and the officer to serve the warrant—I remained at home locked in—the prisoner went with the officer, and my husband—the prisoner returned and broke open the door—some of my articles of dress were put into the cab with the other things—after he took away the things, he came to the office to me—I did not remain at home till he came back—he said I had better make the best of my way to the office—I went, and there swore against my husband—I then went with the prisoner to my husband's house—he said he would get a broker and sell the things he did get a broker, some of the things were put into a cart—my husband owed some rent—some of those things were seized in the cart at the door—I did not write this receipt (looking at it)—I signed it on account of the, prisoner saying if I did not, it would get him into trouble—some of the things were at my mother's—I cannot tell how long I staid at my mother's but it was on boxing-day my husband came and demanded me—the prisoner told me at Worship-street to say that I had received the money, to clear himself—I certainly did say so there, being persuaded by him—since that I have got back to my husband—I was mot living with him when said this—I sent for some clothing, and in the mean time the prisoner and my sister came the yard where my husband was.
GEORGE BIRCH . I am a journeyman to Mr. Malpas of Holywell-lane, a locksmith. I was sent to go to No. 1, King John-lane, I saw the prisoner, he directed me to take the lock off and repair it, and put a new box staple to it—he asked how long I should be about it—I said I could not tell—he told me to be as quick at possible—I said I should be half an hour—he said if I did it in that time, he Would give me a pint of ale—it appeared to have been broken open.
ROBERT MADDOX . I am a cab-driver. I was called by the prisoner, and took him up at a house in Chapel-street—he brought a basket of crockery and a piece of carpet, which are here—he ordered me to drive him to Hackney-road, to a turning on this side of the turnpike gate—I went there and took the things—in going along, he said, "I persuaded Mrs. Sparrow to sell the things off, or else she would never have done it."
JOHN HODGES . I live in Old-street, and am a broker—the prisoner came to my house about a month or six weeks ago, and asked if I bought furniture—he took me to a house in John-court, New-inn-yard—there were several persons there—the prisoner's wife and the prosecuter's wife were there at the same time, and Mrs. Sparrow and the prisoner selected out some things that were not to be sold—he asked her whether she would part with this or that, and I was ultimately to buy them for 25s.—when we were about to get those things away, the landlady came over and told me about the man being locked up—I then told the prisoner I would have nothing to do with it—the prisoner said he was the responsible man—he went over to the landlady's house and wrote his name, and said he should expect me to pay the money—then the landlady came over; the house was locked up and the goods left outside—I did not pay one farthing—I sent a table home to my house when I first purchased them.
Cross-examined. Q. Did the prisoner insist on your paying for the goods, though they had been distrained for rent? A. Yes, but I did not.
RICHARD LUTT (police-constable G 27.) On the 28th of December I was called—when I entered the yard the prosecutor had hold of the prisoner's collar, and the prisoner had hold of the cab—he was given in charge
to me for breaking into the prosecutor's house—I took him to the station—in going along, he said he was not afraid, as he had bought the things and had got a receipt in his pocket, signed by Mrs. Sparrow; but he should not state any thing further till he got before the magistrate, then he should tell them how it was, and he said he had done it up tidy for them—he did not State that he had paid the money.
PETER DIXON (police-constable G 222.) I took the prisoner to Worship street the following morning—I asked what things they were in the coach with us—he said they were the things he had taken to Sparrow the day before—I asked what he had done with the other things—he said he had sold them, but he was all right, as he had got a receipt for the money.
THOMAS SPARROW re-examined. The value of all that I lost I should say was £20, and they were all taken away but one stove, one box, and a few rags—I cannot tell what is the value of these things in the box, because part of them are my wife's—I was sent to prison on the 24th of November, and these things came to the mews on the Wednesday after Christmas—ay silver snuff-box and a great coat which I gave four guineas and a half for were sold to a Jew at the corner of Holywell-lane—I cannot recover them—I had pledged the snuff-box, but he got the duplicate from my wife's mother and got it out.
GUILTY of stealing under the value of £5.— Transported for Seven Years.
JANE HATTON . I am the wife of William Hatton, of Lansdowne-terrace I know the prisoner and his wife Mary Coombs—I was present at their marriage on the 20th of last March, 1836, at Christ-church, Newgate-street—she is now in Court.
Cross-examined by MR. PHILLIPS. Q. Do you know her very well? A. Yes, I have known her many years—they did not live together many weeks—I know that she left him, and believe there was no child HENRY HONEY. I produce the register in the parish of Christ church, Newgate-street. I find the marriage of the prisoner entered there.
JOHN SAMUEL AMES . I am parish clerk of St. Matthew, Bethnal-green. I produce the register of marriages—on the 12th of December, 1836, Robert Coombs, bachelor, and Emma Goulstone, spinster, were married by banns, by the Rev. J. Mayne, curate.
JOSEPH MULLENDER . I live in Margaret-place, Hackney-road. I know the prisoner and know Emma Goulstone—I saw him married to her at Bethnal-green church, on the 12th of December—she is sister to Mrs. Thomas Sparrow—I have known her three years.
GUILTY . Aged 35.— Transported for Seven Years longer.
653. JOHN MAXWELL was indicted for feloniously forging, on the 23rd of December, a warrant for the delivery of a sample of brandy, with intent to defraud Samuel Chamberlain.—2nd COUNT, for uttering the same with a like intent.
MESSRS. PHILLIPS and BALLANTINE conducted the Prosecution WILLIAM RICHARD BRISTOW. On the 23rd of December, I was keeper of the vaults "C and D," in St. Katharine's docks—on that day the prisoner presented to me this sampling order, signed by Samuel Chamberlain,
Who had one hogshead of brandy there. I asked the prisoner if that was the signature of Mr. Chamberlain?—he said it was—I saw him again on the following day, and did not tee him again till the 25th of January—I then asked him when he was going to take away that hogshead of brandy—he said very shortly, or soon—after a pause, he said he had offered money for it—the intention of the order is to represent a cask from which I am to draw a sample, and give that sample, if it is accompanied by an order from the Crown—I did not sign it—I drew about a pint.
Cross-examined by MR. PAYNE. Q. This by itself is an order which you are bound to obey? A. Yes; the merchant's order is always accompanied by one from the Revenue—this is the order from the Crown—this order accompanying the merchant's order would entitle him to the cask.
JOHN PETTIT . I am an apprentice to the St. Katharine's Docks Company. The prisoner presented this order at my window to examine, and I referred him to Mr. Bristow—the prisoner brought a sample up, and I gave him a pass.
Cross-examined. Q. Did the marks on the order correspond with the marks on the cask? A. Yes; and I gave him the brandy out of the cask.
SAMUEL CHAMBEELAIN . I am a coachmaker, and live in Great New-port-street. On the 23rd of December I had a hogshead of brandy in the St. Katharine's Docks—I saw the prisoner in December—I gave him an order on a blank bit of paper for tasting brandy in the docks—I see my name on this order—it is not my writing—I never authorized, him to sign my name to any document whatever—I met-him in the London Docks after I had heard of this, and I asked him how he dare forge my name—he laughed at me, and said he had a customer for the brandy—I am sure I used the word "forge" to him, and told him to keep away from the st. Katharine's Docks, or he would be taken up—he said he was then going there, and he did business there every day.
Cross-examined. Q. Had you seen him between your giving the first order, and meeting him in the Docks? A. No—he met me promiscuously, and requested an order—I afterwards met him in the Docks—he did not ask if I had parted with the brandy—this is an imitation of my writing—I have no doubt if was written from the tasting order which I gave him.
COURT to WILLIAM RICHARD BRISTOW. Q. When a person brought the order from Mr. Chamberlain, somebody at the Docks would get, the other order? A. No—the people generally bring them both, but we can get it.
MR. PAYNE. Q. Supposing a person brought this one without the other, would you give him the goods? A. We could obtain it—we must obtain it.
(The prisoner received a good character.)
GUILTY of uttering.—Aged 30.
MR. BALLANTINE conducted the Prosecution.
Docks. On the 24th of December this order was presented to me by the prisoner—I gave him a pint of brandy.
GUILTY . Aged 30.— Confined Two Years.
CHARLES NOTLEY . I am shopman to Robert Mollyner Pite, of CranIxmrn-street, Leicester-square. About six o'clock, on the 11th of January, the prisoner came and asked for some handkerchiefs—I showed him some cotton ones—he said he wanted silk—I immediately placed a box before him on the counter—I took one piece out, but kept my eye upon him, and saw him take something from the box—I said, "Holloa, my boy, that is the Way you do it, is it?"—I stepped round, and detained him till an officer was procured—he took this lot of handkerchiefs out of the breast of his coat, and placed them on the counter.
Prisoner. I took them into my hand to see if they would suit me, and the witness charged me with stealing them. Witness. They were conceited inside the breast of his coat—he did not ask for any kind—he said he Wanted some handkerchiefs.
GUILTY . Aged 28.— Confined three months.
656. MARY FLEMING and MARY ANN KEEFE were indicted for burglariously breaking and entering the dwelling-house of James Davies, about seven in the night of the 2nd of February, and stealing therein 5 1/2 yards of cotton, value 14s., his goods.
JOHN DAVIES . I am shopman to Mr. James Davies, of Oxford-street I saw a pane of glass safe on the evening of the 3rd of February, about six o'clock—I heard it break about seven o'clock—there were five yards and a-half of cotton inside the shop, near the pane—I ran out, and saw one of the panes of glass broken, and missed a shawl dress—I looked up the street, towards Hyde-park, and saw the two prisoners standing opposite Mr. Lodge's, four doors higher up—they were standing when I first saw them I then looked at the window, and then they were gone—I ran and caught Fleming, with the dress in her possession, at the next house to the one I have mentioned—she presented the dress to me, saying she had picked it up, and it had been dropped by the other—I immediately gave her in charge of a policeman—our porter caught Keefe—there was blood on both their hands, and they asked Mr. Davies if he would forgive them this time, they would never do so again—the print was not bloody that I am aware of—it might be.
WILLIAM PRICE . I am porter to Mr. Davies. I ran after Keefe, and caught her in Berners-street—I charged her with having broken the glass—she said it was not her, it was the other girl, (pointing to Fleming.)
FLEMING— GUILTY . Aged 16.
Of stealing only.
KEEFE— GUILTY . Aged 14.
Transported for Seven years.
MR. PAYNE conducted the Protecution.
THOMAS BARRETT . I am a farmer, and reside at Cnpbham-fano, West Ham. On Sunday morning, the 22nd of January, between nine and ten o'clock, I went into the Marsh, where I had some sheep, and found only seven instead of eight—I found the entrails of a ewe, with two young lambs attached to it—I observed footsteps, and traced them some distance, and found the foot of a sheep—I saw a knife lying a distance off—I took it up, it had some blood and fat on it—I traced the footsteps further on Over some fields and over several fences, and observed, fat and blood and wool adhering to the fences—the traces of the footsteps ended at the back part of the prisoner's house, in Well-street, Maryland-point, Stratford, in the parish of West Ham—the back of his house joins one of the fields Into which I traced the footsteps—on the Tuesday following I found the skin of sheep on a dunghill, covered over with dung, about half the distances between where the sheep was killed, and the prisoner's house, and four or five rods from the road—I gave information to the patrol—the prisoner was taken in the house of a person named Lively Collins, in well-street—at the time he was taken I saw his sister, Norah, come out of the house with a pair of high shoes—I heard her say to the prisoner, "I will take can of your shoes," and she went in the direction of the prisoner's house—one of my sheep had been in lamb.
COURT. Q. Where was the last spot you traced the footsteps to? A. Right up to the prisoner's brick wall, over the yard, and two or three bricks had been recently pulled out, as if somebody had got over, and there was some fat on the wall—it was about twelve o'clock in the day, it might be a little after eleven o'clock—I did not go into the prisoner's house then—it is a private place which joins his house—it is a grass-field—there were no footsteps in that field.
DAVID JOHNSON . I am horse-patrol of West Ham. I received infonnation from the prosecutor on Sunday morning, the 22nd of January, in consequence of which I went with Gutteridge into Well-street, to the house of a person who goes by the name of Bony Mack—I suspected him—we found nothing there—when we came out, I saw the prisoner coming out of the court leading from his own house—we did not suspect him then—he had a pair of high shoes on, not laced—I passed him—we walked down the court together, and I got over the wall into Mr. Balcot's field, adjoining the wall of the prisoner's house, and in a privy belonging to the prisoner's house I saw the back-bone of a sheep—part of the bricks on the wall were pulled down—there was Some fat on the wall, which appeared to have been smeared on while warm, and some bits of wool—the back-bone was whole—we did not take it out at the time—I went into the noose with Gutteridge, went up-stairs, looked under the head of the bed, and found this jacket—it has fat, and some little bits of wool on it now; there was a knife in the pocket, both bloody and greasy—I afterwards went in search of the prisoner, and found him in the house of Lively Collins, in well-street—he had got no shoes on then—he was pulling a pair of stockings
on, and he himself was all over soot, at if he had been up a chimney—I attempted to take him into custody, and Lively Collins came up-stairs, with a great quantity more, and attempted to rescue him from me, but gutteridge assisted me, and I took him—in a house occupied by his sister I discovered some soot, in both her rooms, as if somebody had been up both the chimneys—that house is on the opposite side of the street, and twenty yards from where the prisoner lives.
Prisoner. I had my shoes and stockings on both. Witness. You had no shoes on—I did not tell him at the moment what I took him for—nobody lives in his house besides his own family.
SAMUEL GUTTERIDGE . I found the back-bone of the sheep in the privy—I have heard Johnson's evidence—it is quite correct—I saw the prisoner going over a wall into his mother's yard, out of his sister's—he was all over soot—I was near to him—he is not a chimney-sweeper—I followed him into another house, and he jumped out of the window there, but at last I secured him—I examined his house, but found no mutton at all—when he was taken, a pair of shoes was handed to him in the room, which he could scarcely get on his feet.
Prisoner's Defence. They are shoes I have worn for three months—I used to work in the docks among cotton and wool—I have got evidence to prow I was in a house all that night at a wake—I stopped there till six o'clock in the morning from seven o'clock at night—I know no more about the sheep than a child unborn.
MARY HENESSEY . I live at Stratford. Last Saturday-night week there was a neighbour of ours lay dead, and we were at the there—the prisoner came there—I was there between six and seven o'clock in the evening, about a quarter of an hour before him, and he stopped then till six o'clock in the morning—Mrs. Donoghue was there also.
MR. PAYNE. Q. Where was the wake? A. Next door to me, in Well-street, Stratford—I was sitting up there all night—it is a rule to sit up with the corpse—we had nothing to drink, barring a drink of water—I went home at six o'clock in the morning to my children—I had my little baby with me, but my other two were big enough to be left in bed by themselves—I sat up by the fire, and Mrs. Donoghue also—the corpse was in the room—it was a young woman named Ford who was dead, a relation of my husband's but no relation to the prisoner—he came in as neighbours go to one another's—he sat by the side of the corpse—it was not in a coffin-there were a great many people there—I had often seen the prisoner before—he lives next door to me—he was dressed the same as when he was taken, in canvass trowsers and a bluejacket—he had on an old pair of shoes—he had not got high shoes on—that I swear—he is a labouring man—a farmer's man, or in the docks, when he can get work—I have seen a pair of high shoes on him, but not for months—nothing but old shoes, for he was complaining of having very wet feet—there were a great many people at the wake all night, but none of them were drinking—we were sitting talking with each other—I was not busy attending to my baby—it slept all night in my lap—the room was pretty well filled with people, till towards two or three o'clock in the morning, when some of them began to go home—I am sure I did not lose sight of the prisoner the whole night—not till six o'clock in the morning—he sat before me on a form—he came out with me and Mrs. Donoghue in the morning—I am married—my hus-band was not at the wake—he had been up the night before—I know the prisoner's sister—she was not at the wake—I have not seen any high shoes
is her possession lately—we ate and drank nothing—I heard the clock strike six when we left—it was getting day light then—I went into my own house, and saw the prisoner go into his—he never moved out of the room all night—he was talking about work, saying it was very slack, and he could not get any—two men, named Connor and Crawley, were there—I they sat alongside of him—they staid there the best part of the night.
ELIZABETH DONOGHUE . Last Saturday-night week I went to the wake between six and seven o'clock—the prisoner came in about a quarter of an hour after, and stopped there all night till six o'clock in the morning—we had nothing to eat or drink—Henessey was there, and many people beside—I can't tell in what part of the house the prisoner sat, but to the best of my knowledge it was by the front window—the corpse was lying on the right side of the house, on the opposite side to him—I don't recollect what be sat upon—I don't know what he was talking about—he spoke to at and my husband—John Henessey, M'Ewen, and Michael and Timothy Cannagan were there—I don't know whether he talked to them—I know he asked for a bit of tobacco—a man named Connor was there, sitting by the cupboard door, next to me, and Crawley was sitting by the stairs.
MR. PAYNE. Q. At what time did you go yourself? A. six o'clock in the evening exactly—this house is in an alley, and I live across the road—John Henessey, the witness's husband, was there.
MRS. HENESSEY. Mrs. Donoghue makes a mistake—she did not see my husband, he was not there.
DAVID JOHNSON re-examined. I examined the back-bone—it appeared to belong to a sheep recently killed—it was partly cooked—it was not as a batcher would leave it—it was whole, and a batcher would split it down.
NOT GUILTY .
Before Mr. Sergeant Arabin.
658. JAMES HEADLIN was indicted for stealing, oft the 26th January, 1 bushel of dead fish, called plaice, value 4s.; and 1 bushel of maids, value 4s.; the goods of John Frogley, in a vessel on the navigable river Thames.
MR. BODKIN conducted the prosecution.
DANIEL SULLIVAN . I am apprentice to Mr. Frogley, a fisherman, living at Barking, he is the owner of a smack. The prisoner had charge of the vessel—on the 26th Jannary, about five or six o'clock in the evening, she laid in the Thames, off Barking Creek, two Woolwich boats came along side of her and boarded us—the men asked the prisoner whether he had any fish to sell for money—he said, "No, he would not sell for money"—the man said he had some run in—the prisoner said "Hand out a bottle of rum, we will have that, but we won't have any money"—the man said be would go ashore and fetch some—he went ashore and brought some rum, and the prisoner gave him some plaice and homely maids—they were all dead—they were in bushel baskets—one was full of plaice and the other of maids—the man took them ashore in the beat when they fetched the rum—it was pact of master's cargo—I drank some of the rum—"all hands "Had it—they afterwards went and fetched some porter—no money was given to them.
Cross-examined by MR. DOANE. Q. Did not the man in the boat assist in mooring the vessel? A. Yes—master told the bobber to moor it, but the man assisted in mooring it, after master was gone—I do not know that master ordered the prisoner to pay the persons in fish—the bobber came on board, but he did not moor her—I saw my master next morining when I
went home—the boys had gone home before me and they told him of it before I got home—I told him directly he asked me about it.
MR. BODKIN. Q. Did the man offer it for mooring the vessel. or to buy it for rum? A. To buy it for rum—nothing was said about mooring the vessel.
FRANCIS KEY . I am fourteen years old and am apprentice to Mr. Frogley. I was on board the smack on the 26th January, with the prisoner—after master went ashore, two boats boarded us, and the men came into our vessel—when the waterman took us ashore I saw plaice in the boat's well—they had been shot out of the basket—they came from on board our vessel—the maids were in the other boat—they had been shot out of a basket which came from our vessel—when we were going to get into the boat the men said to us, "Don't get into the well, go forwards in the boat's head," that was away from the fish, so that we should not tread on them—the prisoner came down the hold and sent me for a bit of rope—I saw him give Tomlinson and another of our men a bottle—I did not see what was done with it—when the men were going on shore with the bottle, the prisoner said to them, "You can come back, and we will give you some supper"—we then left, and I do not know what happened afterwards—I saw master when I went home, and directly told what I had seen.
JOHN FROGLEY . I left the prisoner in charge of my smack when I went ashore—I had a stock of fish, among which were homely-maids and plaice—he had no authority to dispose of them—Key informed my wife of this at soon as he saw her—I did not authorise any body to pay for mooring the vessel with fish.
Cross-examined. Q. Then had you left money for that purpose? A. We always employ a bobber—the bobber had put me ashore—I never authorised the prisoner to give any body fish—it is not usual to give persons fish for mooring vessels—the prisoner had just returned from a voyage with me, and I wished him to accompany me another, but he declined.
Q. Did you not say, in consequence of his declining to go with you another voyage, that you would sell the bed from under you but you would do something for him? A. No, not at that time nor any other—it was at the time a row took place at another part of the voyage, about allowing him 15s. a week, and his not doing his duty—I had forgotten all that until this time—I said, "If you don't keep your place, and do what is right I must do what I can for you"—he came for his wages on the afternoon of the 26th of January. I was at home the last time he came—I did not seize the poker when he came in—I said, "Just allow me a few minutes to get a little refreshment, I will be much obliged to you; it is the only time I have to enjoy myself"—I had just returned from market and sat down to tea—he came and opened the door in less than five minutes, and I said, "Mr. Headlin, this is from my house, don't you enter the door"—with that he came and stuck his back against the door, and would not go out—he went before the Justice next morning to complain of it—the vessel was not moored when the bobber took me ashore—it was his duty to moor it—he was paid 4s. for doing so.
(The prisoner received a good character.)
GUILTY . Aged 25.—Recommded to mercy. Confined One Month.
Before Mr. Recorder.
WILLIAM GROOM . I am shopman to my brother James, and live in Hire-street, Woolwich. On the evening of the 14th of January, at six o'clock, I was sitting in the parlour behind the shop, and saw the prisoner come in through the window—I arose from my seat, expecting he was a customer, and as I went into the shop I saw him snatch at a hat which stood on the stand in the window—the hat and stand both fell into the shop—he instantly picked up the hat and ran a short distance with it in hit hand, up the street—he then threw it down—I was close behind him and secured him, and gave him into custody.
Prisoner. The hat came rolling down the steps—I picked it up, and when I heard him coming alter me I threw it down. Witness. It did not fall out—he took it.
WILLIAM CAMPION . I am a constable of Woolwich—I took the prisoner—he begged hard to be forgiven, saying, it was his first offence, and it was dire distress caused him to take it, but I found 1s. on him, the duplicate of a handkerchief pawned that morning, and a knife—as I was bringing him here he attempted to escape.
GUILTY . Aged 16.— Confined One Month; Three Days Solitary.
Before Mr. Common Sergeant.
MARY MARSHALL . I am the wife of George Marshall, and live in the parish of Woolwich. The prisoner is my son—on the 16th of January he said to me, "Give me my discharge, and I will go up to London."I unlocked the box and gave him his discharge from it (he has been in the Artillery)—I had eleven sovereigns in the box—he said, "I want the other things"—I said to him, "Tom, you have nothing else here," and with that he swung my things out and took the eleven sovereigns—I strove to hinder him, but I could not—I would have locked the box again, but he kept the key in his mouth—he went to the door and flung the key on the floor, and said, "I have got what I want," and went out—I saw him again three das after—he opened the door and came in, but did not speak, or if he did I did not hear him—he went to the cupboard—I said, "Tom, what do you want?"—he said he wanted the spoons—I asked him if he had brought me any of the money back—he said, no, he never had 5s. of it—I had put to spoons away, and he sat down—I was all of a shaking and trembling—somebody went out and fetched a constable, and I gave charge of him—I am sure I had had eleven sovereigns in the box—they were in a little purse—I had seen them safe a day or two before, and had had the key in my possession—I saw him take them—he was scrambling about—I cannot say I saw him take them, but I will swear be got them.
SUSAN MUCKLOW . I keep a lodging-house at Woolwich. On Monday, the 16th of January, the prisoner came to my house with a woman, and asked me if he could have a lodging—he stopped there till night, and then gave me ten sovereigns and 7s. to take care of for him till morning—I
went to his bed-room between eight and nine o'clock the next morning and offered him the money—he told roe to keep 1s. for the bed for the night for him and his wife, and return him 10l. 6s.—I did so, and he at first told me I was to give it to his wife—he was quite sober then—I gave it to him, and he gave it to the woman, and told her she was to do as she thought proper with it—he said he had the money from his master, who was on command in the Artillery, and this was to keep him till his master returned—the female took the money, and I believe took some things out of pawn—on the Wednesday morning she had four sovereigns, which she offered to him—he said she was to keep it and do as she thought proper with it—the young woman told him on Thursday that she must go away, as she thought he was getting it in a dishonest manner, and she would not stop—I did not know she was not his wife.
JANE AGGRIS . I live at Woolwich. I went with the prisoner on the night of the 16th to Mrs. Mucklow's house—I had been with him before—I saw him give Mrs. Mucklow ten sovereigns and 7s.—he demanded it of her next morning, and gave it to me, telling me to buy what I thought proper, and take somethings out of pawn—he gave me ten sovereigns and sixpence—he was perfectly sober then—I believe he was rational—I had slept with him—he said his master was gone on command, and had given him the money to keep him during the seven days he was gone—I had the money in my possession, and we spent part of it—we had a great deal to drink, bottles of wine and liquor—I took a cloak out of pawn, and bought a gown—I did not know him before the Saturday—he afterwards said he would give me 20l. to stop with him.
Prisoner. I never saw the 10l. 7s. after that night.
SAMUEL NICHOLLS . I am a constable of Woolwich. I went after the prisoner, and found him at his father's house, on Thursday evening, the 19th—I asked him what he had done with the money—he said he had spent part of it—I asked him where the other part was—he said he did not know exactly, but he said it was not in money—I asked him what it was in—he said clothes, which he had given to a woman he had been with to do what the pleased with—I asked her name—he said, "Mary," and afterwards said it was Jane—I asked where she lodged—he said, "At Mrs. Mucklow's"—I went to Mrs. Mucklow, and she told me what she has now said—the prisoner said afterwards that the money was of no use to him, and he gave it to the girl to go and purchase clothes, because she was not dressed fine enough, and he got rid of it as fast as he could—I have some clothes here which the girl bought, and here is a gold ring which he bought—I have a bag here which the mother swears to—he was sober, and in his senses.
MRS. MARSHALL re-examined. This is the bag the money was in.
Prisoner's Defence. I was without victuals for days, and did not know what to do—my father was always very strict with me because I was a favourite with my mother, and every thing I did was wrong.
GUILTY . Aged—Recommended to mercy by the Prosecutrix, who stated that he had never robbed her before, and also by the Jury. Transported for Life.
Before Mr. Sergeant Arabin.
out to dry on the 12th of January, and missed it at three o'clock—I do not know who took it—this is it.
JAMES NORRIS . I am a constable. On the 12th of January I saw the prisoners on Shooter's-hill with a dog cart, selling hearth-stones, opposite the prosecutrix's premises—I went along my beat, and received information from the prosecutrix—I traced the wheels of the dog cart to cart to wool-wich—I saw Spruce behind the cart, and the other prisoner was gone into a shop to sell hearth-stone—Spruce saw me coming across, and ran away from the back of the cart—I called to him, but he did not stop—I went to the cart and waited till Burford came out of the shop—I found the gown and a sheet in the cart—I took him into custody, and asked him who it was that ran away from the back of the cart—he said it was his brother.
JOHN COLLIER . I am a policeman. I apprehended Spruce from information on Sunday, the 22nd, at his residence, at Peckham—I told him it was for stealing a gown and sheet from Woolwich—he said he did not go further than the Dock-yard with the other prisoner.
BURFORD— GUILTY . Aged 13.
SPRUCE— GUILTY . Aged 21. Confined three Months.
(MR. PHILLIPS, on the part of the Prosecution, stated that the lnquisition being informal, he should offer no evidence.)
NOT GUILTY .
Before Mr. Recorder,
663. GEORGE DENNY and JOHN WOOTTEN were indicted for feloniously breaking and entering the dwelling-house of John Charlton, on the 12th of January, at Woolwich, with intent to steal, and stealing therein 4 watches, value 8l., his goods.
JOHN CHARLTON . I am a watchmaker and jeweller, and live in Welington-street, Woolwich. On the 12th of January, I placed some watches and other property in my window at nine o'clock in the morning—I had occasion to go to London about eleven o'clock, and saw them safe in the window about five minutes before eleven o'clock—I returned at five o'clock, and then missed them—there was a pane of glass in the window partly cocked, hut not broken through—I found it quite broken through when I came home, and the piece forced out laying inside the window—the watches were worth 8l. or 10l.—I have since seen two of them.
GEORGE MINORS . I am the prosecutor's apprentice. On the 12th of January, about a quarter to three o'clock in the afternoon, I had been cleaning the window, and the prisoner Wootten came and asked me the price of the different articles in the window—I was not outside then—I told him I did not know—he did not come into the shop at all—I afterwards went outside, and he asked me more questions about the articles—about ten minutes afterwards, somebody came in and gave an alarm—I looked at the shop window, and found it broken—I had seen it safe an hour before.
Wootten. Q. What do you know me by? A. By his appearance—I am sure he is the same man—I never saw him before—I was talking to him altogether about five minutes—he asked a good many questions.
MARGARET MOORE . I live in Artillery-place, Woolwich. On the 12th of January, about four o'clock in the afternoon, I was near Mr. Charlton's shop, and saw the prisoner Denny break the window—he shoved his hand
through it, and took something out twice—he then run away, and somebody else ran with him—the other was standing at Mr. Charlton's other shop window—Denny put the things he took in the front part of his trowsers.
Cross-examined by MR. JONES. Q. Was it rather dark? A. No, it was not dark, there was a shower of rain at the time—it was getting dark—I was about four yards from Denny, coming past—just as I came to Mr. Charlton's window, he had broken it—I heard it break, and saw him put his hand in—I had not noticed the window before—there was no one passing at the time—I went home and told my father—there was nobody in the street, or I should have made an alarm—I did not like to go into the prosecutor's shop—I was frightened—my father went down directly, and gave the alarm—we lire about ten doors off—the person was five minutes in my sight—he did not put his hand in directly he broke it—he broke it with his hand as far as I could see—I only guess it was about five minutes that I saw him—I never saw him before—I should not know the other person again—Denny was nearest to me—one stood at one window, and the other at the Other—I could not see them both at one time, as the window projects—after Denny had taken the things, he went a few steps, tad then the other went after him, and joined him, and both ran away together—I did not see the face of the other—I saw Denny's face, and took particular notice of him.
RICHARD SHARWOOD (police-constable R 165.) A little before five o'clock on the 10th of January I saw the two prisoners coming over Deptford-bridge, towards London—I suspected and followed them—Denny looked round and saw me, and he took to his heels and ran away—I immediately stepped up and secured Wootten—I found two watches on him—one in his trowsers pocket, and one in his left-hand jacket pocket—I said, "When did you get these from?"—he said, "I found them in the hedge, tied up in this handkerchief "Producing one—when I got to the station-house, I heard of this robbery—I gave information, and Denny was apprehended by another constable—I had seen the prisoners together about one o'clock the same day in Church-street, Deptford, about four miles from Mr. Charlton's—they were idling about in the middle of the road in company together—I am quite sure Denny is the person who ran away.
Cross-examined. Q. How long were they under your observation there? A. For about two minutes; and for about two minutes when I saw them at one o'clock—I passed them in the street—I never saw Denny before that day.
Wootten. I gave him the watches out of my pocket. Witness. I took them out myself—he did not give them to me.
EDWARD KENNEDY . (police-constable K 228.) In consequence of information, I went in search of Denny on Friday, the 13th of January, and found him in Twine-court, Shad well, about half-past one o'clock in the night—there were several prostitutes in the house—I told him I wanted him immediately—I took him to the station-house, where Sharwood was and he recognised him as the person who had ran away from him—I found on him 3s. 6d., a watch, a key, and two duplicates; one in the name of Wootten—I knew the prisoners by sight, and have seen them in company many times before.
Cross-examined. Q. How long have you known Denny? A. since Christmas—I have seen them together since then—I saw them together the morning before Christmas, about half-past two o'clock.—I found nothing on him relating to the robbery.
upon the morning of the robbery—the window the watches hung in, is exactly parallel with the street, and immediately in the passage there is a bend in the house; the street widens there, and a person standing at one window cannot see the other—they are about four feet distant—there is the width of the passage between—the street immediately widens at the passage door.
MR. JONES. Q. You have the girl state where she stood—now supposing both the persons stood where she described them, could she see them both? A. No; the one in the direct line of the street she could, but the one at the other window she could not see till he moved out parallel with the street—one of the watches I had to be repaired—neither of them were made by me—the glass had been cracked about two days.
(ROBERT FRENCH, boot and shoe-maker, of Backchurch-lane, White-chapel gave the prisoner Denny a good character.)
DENNY— GUILTY . † Aged 18.
WOOTTEN— GUILTY . † Aged 16.
Transported for Life.
Before Mr. Common Sergeant.
664. STEPHEN BRADLEY was indicted for stealing, on the 15th of january, 1 bottle of preserved fruit, value 1s. 10d.; 1 pot of jam, value 2s.; 1 pot of jelly, value 2s.; and 5 preserve pots, value 1s. 5d.; the goods of John West, his master: and JANE SEXTON for feloniously receiving the same, well knowing them to have been stolen.
JOHN WEST . I am a pastry cook, and live in Stockwell-street, Greenwich. Bradley was in my employ at different periods during four years—I swear to this pot, as having my own handwriting on it; and the others are mine, to the best of my knowledge—I cannot positively swear whether they have been sold or not; nor tell how long before I had seen them.
Cross-examined by MR. PHILLIPS. Q. Is it the fact that you never missed them? A. My stock kept reducing.
JOHN ADAMSON (police-sergeant R 1.) In consequence of information, I Went to Sexton's lodgings, at I knew Bradley was in the habit of lodging with her—I asked her where Bradley was?—she said she did not know—I then told her I wanted to search the premises for stolen property—I looked into the cupboard dote by the window—I there found a pot of current jelly, a pot of raspberry jam, and other things—she said they were her's—that she did not buy them herself, a sailor bought them for her—I then took them both into custody.
NOT GUILTY .
JOHN WEST . I missed a piece of raw beef; the buns I cannot speak to—I fed the prisoner in my house—he had four meals a day regularly—he was hot in the habit of dressing his own victuals—I have the piece of beef that it was cut off from.
Prisoner. I only cut it off for my supper—I did not Intend to take it out of the house.—Witness. If there was any cold meat it was cut up for them—there was some beef that came in to make potted beef of, and he took upon himself to salt it—he was absent From me about, two days; and when I taxed him with it, he said he had been ill.
bakehouse between eleven and twelve o'clock—there was a piece of beef there—the prisoner cut a piece off, put it into a paper, and put it into a, drawer—he must have seen that I saw it—there was no secrecy in it—the buns were found in the same drawer—I had my supper with the prisoner—we never had a piece of beef together quietly.
Prisoner. I cut the beef off, and said, "We will have this for our supper,"—and he said, "Cut another bit off here." Witness. I did not hear him say that—I did not say so.
NOT GUILTY .
666. WILLIAM CAMPBELL and AUGUSTUS HOSKINS were indicted for stealing, on the 7th of January, 1 cloak, value 1l.; 1 gown, value 6s.; 2 capes, value 2s.; and 1 shawl, value 1s.; the goods of Louisa Blair.
LOUISA BLAIR . I am a widow, and live in Wellington-place, Woolwich. Both the prisoners are my nephews—I lodged in the same house with them—on Monday morning, the 2nd of January, I left these things in my drawer—I went out, and returned on the Sunday morning following and they were gone.
ANN BLAIR . I am the daughter of Louisa Blair. My mother left me in the room—I went out with work on the Saturday morning, about eleven o'clock—I left both the prisoners in the room—the things were all safe then—the drawers were locked, and the keys hung up—I returned in about a quarter of an hour—Campbell was then gone—Hoskins was in his grandmother's room, putting on his hat, and he went out directly—his grand-mother lives in the front of the same house—I saw him go, and I am sure he had nothing with him—my mother missed this property on Sunday—when I came back the drawers were all shut up.
JOHN MOORE . I am a pawnbroker, living in Woolwich. On Saturday the 7th of January, about eleven o'clock, Hoskins pledged all these articles with me—I asked him who he pledged them for—he said his mother.
SAMUEL NICHOLLS . I am a constable. I apprehended Hoskins, and took him to the cage—he told me Campbell took the things out of the house, and he pawned them, and gave Campbell part of the money—I then took Campbell—he denied it, but Hoskins said, "You know you took them out of the house, and I pawned them"—Campbell at first denied it, but afterwards said no more—I asked Hoskins where the duplicate was—he said he did not know, but at last he said he had given it to a young woman who he cohabited with—I went and found it—he called his grandmother an old b——, and said he would have her life—he was the worse for drink when I took him.
Campbell. I know nothing at all about the bundle being taken.
CAMPBELL— GUILTY . Aged 18.
HOSKINS— GUILTY . Aged 19.
Recommended to Mercy. Confined One Mouth.
JOSEPH HEPTINSTALL . I am mate of a collier brig. The prisoner was the cabin boy—it was lying off Greenwich from Sunday week till Wednesday the 22nd of January—I had a chest in the steerage, with four half-crowns in it—I saw them safe about ten o'clock on Sunday night—the
chest was not locked—I missed the money about half-past seven o'clock next morning—I had seen it safe at ten o'clock—the prisoner Was then with me—he left in about half an hour—I cannot tell whether he saw it or not—the ship's crew passed through the steerage in the night—there are seven of them.
THOMAS KEYES . I am a waterman. On Sunday night, at half-past ten o'clock, I was coming across the water to Greenwich in a boat—I saw the prisoner sculling a boat—he said he would give me threepence to take him on shore—he had not strength enough to scull the boat—I took him to the stairs, and then he said he would give me sixpence to take the boat on board—I said, "Where are you going?"—he said, "I am going to the Captain"—he changed half-a-crown, and gave me a shilling—I was going to give him threepence—he went away, and left me the shilling and the boat—I took the boat on board.
GEORGE DORSET (police-constable R 94.) I was at Deptford about nine o'clock in the morning, and met the prisoner in the Broadway, coming towards London—I asked where he was going—he said, "To the Ropery" I asked where he came from—he said, "From Richmond, in Yorkshire" and had begged his way—I asked if he came from a ship—he denied it but then told me he had run away from the Castle Haydon—I took him back—the mate accused him of taking three half-crowns—he said, "I have taken the three half-crowns out of the chest—I spent it in sweets, and gin, and brandy."
GUILTY . Aged 16.—Recommended to mercy.— Confined Two Days.
WILLIAM HENRY WHTTEMAN . I am a draper living at Woolwich, The prisoner came to me on Friday evening January the 6th, for six yards of black cloth, and 5 3/4 yards of cotton cloth—he said it was for Mr. Harris the undertaker, that he had a very respectable funeral, and he wanted the cloth good to line the family pew—I knew Mr. Harris before, but I had had no dealings with him—he said Mr. Harris had previously dealt with Mr. Vant, a linen draper in the town, but finding him very dear he was induced to send him, as his workman, to get it as cheap as he could at some other shop, and he came to me—he inquired the lowest price, I told Hint 10s. 6d.—he said, as he was going to have six yards, could I not say something less—I said, as it was opening an account with Mr. Harris, which I wished to do, he should have it at 10s.—he said, Mr. Harris wished to have something about 9s. or 9s. 6d., he would go and ask him—he came back in about ten minutes, and said, could I take 2d. a yard off—I said "No"—he took the cloth and went away—I gave him the cloth in consequence of his representation that he came from Mr. Harris—Mr. Harris is not here.
Prisoner. I said nothing of the kind. Witness. Yes, he did.
NOT GUILTY .
and, Mould return it safe in three days, and he sent a little boy to where I was at work to tell me he had it delivered to him—I have never seen it since, nor him till he was apprehended.
Prisoner. I asked you to lend it for a week, and you said it would be 2s. 6d.—I said I would rather buy it, what was the price—you said, "17s." Witness. No, nothing like it passed at all, I told him to look on me as a dishonest man, and I should look on him as the same—not a word passed about buying it—I did not say my son was offered 17s., and he was not allowed to take money in my absence.
Prisoner. I hired it for a week for half a crown, on Friday, and was to return it on Thursday—I had it to go in a cart, and the shaft broke—I sold the donkey to get a trifle, as I could not get to Windsor fair with it.
GUILTY . Aged 20.— Confined Six Months; Six Weeks Solitary.
Before Mr. Recorder.
JOHN CARPENTER . I live in Church-street Deptford, and am shopman to Messrs. Hughes and Sons, who are cheesemongers. The prisoner lodged at my mother's, in Church-street, Deptford, between two and three months—she was an actress at the Deptford theatre—I had a chest containing clothes in the room in which my mother and the prisoner slept—I never gave her any authority to pawn or dispose of any of them—on the 11th of January, I missed two pairs of trowsers and four waistcoats—the prisoner did lot always take her meals with us—she had no separate sitting-room—I gave her into custody on the following Tuesday—she had absconded from her lodgings.
Cross-examined by MR. DOANE. Q. Was your mother residing in this house? A. Yes—she is not here—she is very ill—I asked my mother if she allowed her to do this, and she said she did not—she had been residing there about three months—if she had been in distress she might have pawned them and got them out again—I heard she was going to leave the theatre—she had taken my things once before and brought them back, and I forgave her then.
NOT GUILTY .
MESSRS. ADOLPHUS and SHEPHERD conducted the Prosecution.
WILLIAM RUSSEL KING . I am one of the river constables of the Thames police. On the 2nd of January, I was in the Lower Road, Deptford, and saw the prisoner go into a marine store-shop—I watched him in, and saw himlay these pieces of copper on the counter—I asked where he got it he said he bad picked it up on the shore near his master's premises—I asked if he
would show me where his master lived—he said he worked at the victualling office—I took him to my surveyor, Judge.
Cross-examined by MR. JONES. Q. How was he carrying it when you first saw him? A. I did not see him carrying it—I saw him go in at the door, and saw it in his hand in the shop.
GEORGE WALKER JUDGE . I am a surveyor of the Thames police. The prisoner was brought to me by King, on Monday, the 2nd of January, with this copper—I asked where he brought it from—he said from the Victualling office—it was some he had been at work upon that day, and not being marked, he had brought it away—I had said before, if it came from the Victualling office it was marked—he said, no, it was not—I went the next day and saw Sir John Hill—I ascertained where the prisoner had been at work, and I found one of the cisterns of the fire engine had been recently torn up, and a portion of the copper had been torn away—the cistern of that engine was lined with copper—I compared this with what remained—there was red paint inside the copper cistern—this is the lining of it, and here is some of the red paint on this—it is of exactly the same substance and size, and this edge fitted the edge where it bad been soldered—I cannot say whether the other parts corresponded—it has been bent up.
Cross-examined. Q. Was the prisoner with yon? A. No—he did not tell me in what part of the yard he had been at work—Harlow was with me—the cistern of the engine did not appear to have been repaired—I had not seen it before, but I saw the copper lining had just been torn out.
ELIAS HARLOW . I am foreman of the labourers employed in the victualling yard. The prisoner was at work there on the 2nd of january, sorting stores—Judge came with some copper on the 3rd of January, and I saw it compared with the cistern—it corresponded with the copper that had recently been torn out of the fire engine—it has been returned to the yard, but has not been at work there—it was a worn-out engine.
Cross-examined. Q. Had your attention been directed to it before this time? A. It had not—I have known the prisoner eight or nine years—I never knew any thing against him—he has a family—his wages were 11s. a week for twelve weeks, and 13s. the remaining part—he has been employed from ten to eleven years.
MR. SHEPHERD. Q. Whose property is this fire-engine? A. The Crown's—it had been in the yard, and not used for a length of time.
GUILTY . Aged 30.—Recommended to mercy.— Confined One Month.
672. RICHARD STILES, GEORGE CROSBY , and WILLIAM HORTON , were indicted for stealing, on the 16th of January, 1 pair of trowsers, value 14s., the goods of Lewis Davis and another; and that Stiles and Crosby had been before convicted of felony.
CHARLES SOLOMON JACOBS . I am shopman to Lewis Davis and Joseph Davis, pawnbrokers, in Green-End, Woolwich. On Monday the 16th of January, a little before five o'clock, I saw a pair of trowsers hanging up under my master's shop-window, secured by a string to a nail about five feet from the ground, near the inner door-post—they were in reach of any person in the street by extending the arm—I missed them about five o'clock, the string had been apparently cut.
WILLIAM BOOTH . I am a pawnbroker of Woolwich. On the evening the 16th of January, the prisoner Horton came a little after five o'clock, it might be about ten minutes past—I live about three quarters of a mile
from the prosecutor—he asked me after he had been in the shop some time, what the time was—and I told him it was nearly half-past five o'clock—he brought this pair of drab trowsers—I asked if they were his own he said yes—I said, "Are you sure they are yours?"—he said, "Yes"—he asked 10s., for them, and gave the name of John Lee, Church-street; we had been warned if any such property was presented, to stop it—I sent for the constable, and while the lad was gone for the constable, the prisoner attempted to get the trowsers, but I knocked them out of his hand—he then said he had to meet a barge—he went out and brought in Crosby, who inquired what the bother was about, or something to that purport—and in a few minutes the constable came and took them—they said a person outside, in a cord or fustian-jacket, and a hat, had sent them with the trowsers—we found the prisoner Stiles in the Churchyard, less than fifty yards of but he was not dressed as described—I had seen Stiles looking in at our door—but not being such a person as was described I took no notice of him—the constable took him.
Stiles. Q. Could you see me twenty yards off from the door, when you are near-sighted? A. I never knew I was near-sighted—I saw you at our other shop door, holding it while I looked out at the corner door.
Cross-examined by MR. DOANE. Q. After Horton left the strop, he returned with Crosby? A. Yes, I did not hear him tell Crosby he must give an account of this—I did not take in the trowsers—I kept him, having other customers to serve—and then he ran out and brought Crosby in.
CHARLES STEWART WARDEN . I am a constable of Woolwich. I went to Mr. Booth's on Monday the 16th of January, about six o'clock—I took Horton and Crosby into custody—I searched Crosby in the shop, and found two duplicates on him—and one duplicate on Horton for a pair of trowsers pawned for 2s. 9d., in the name of Crosby—while I was about taking the duplicate out of Horton's pocket, he said it referred to his own property—when I saw the name of Crosby on it, he said that Crosby had pawned them for him—they said this pair of trowsers was given them by a man outside in a corduroy dress—I went out immediately, but could see no such person—but I saw Stiles about ten yards from the door—I went out after Booth—Stiles then wore the jacket which Horton now wears—I asked Stiles to step into the shop—I said I was a constable, and would take the liberty of searching him—he gave his name as Watts, belonging to Greenwich—the other prisoners denied all knowledge of him when I brought him in—not finding any thing on him, I did not detain him—conveyed the other two prisoners to the shop of Messrs. Davis, and there the property was identified—I afterwards took Stiles in Powis-street, Woolwich.
Cross-examined. Q. You said Horton and Crosby said that they took them of another person? A. They both said it at one time.
Crosby. There was a soldier got hold of me—he would not let me come out—I could not get out to the man that gave us the trowsers in the churchyard—when I came out the man was gone.
Witness. He was not detained five minutes after he got there. JAMES DENTON. I am a watchman of Woolwich. On Monday afternoon the 16th of January, I saw the three prisoners together in Green-End, Woolwich, about half-past four o'clock, in company and walking together—I suppose that was ten or twelve yards from Davis's shop—at the time Stiles had a small corduroy or a dark fustian jacket on, but after that I saw him with the jacket on that Horton now wears.
THOMAS DALBY (police-constable K 23.) I know the prisoners stiles and Crosby, and Horton by the name of Mahoney—I saw them on the 16th January, in Shadwell High-street, all three together, about eleven o'clock—Stiles had on the fustian jacket which I believe Horton has on now—the same jacket that Stiles had when I brought them in custody here.
Stiles's Defence. I was not there at the time they were given him—I was a mile off.
Crosbys Defence. When the trowsers were given to Mahoney, I was alongside him—he told him to go and pawn them in the name of Lee Church-street—he knows himself that I did not give them to him.
(The prisoner Horton received a good character.)
STILES— GUILTY . Aged 22.— Transported for Life.
CROSBY— GUILTY . Aged 20.— Transported for Fourteen Years.
HORTON— GUILTY . Aged 19.—Recommended to mercy by the Jury. Confined One Year.
673. CHARLES HARRIS was indicted for stealing, on the 31st of August, 1 watch, value 5l.; 1 seal, value 12s.; 1 watch key, value 6d.; 1 watch ribbon, value 1d.; 1 telescope, value 25s.; and 9lbs. weight of ham, value 3s., the goods of William Theobald; in a certain vessel on the navigable river Thames; to which he pleaded
GUILTY . Aged 19.— Transported for Seven Years.
Before Mr. Sergeant Arabin.
Cross-examined by MR. PAYNE. Q. Is there any mark on it? A. No particular mark—I saw it last about four o'clock in the afternoon—I saw it again on the Tuesday morning.
WILLIAM MORRIS . I am a constable of Plumstead. I fell in with the prisoner on the 16th of January, in the Greenwich-road, carrying this plank—I asked where he got it—he said he had found it on the road—I asked where he was going—he said to do some night-work, and was going to take it—I went to Mr. Glenton's, where he said he was going.
Cross-examined. Q. He told you he was going to do some work for Mr. Glenton? A. Yes, and I went there with him, and found his statement was not true.
GUILTY .* Aged 59.— Confined Six Months.
GABRIEL GAYMER . I am servant to Mr. Sharpe, who it a currier. I was out with his cart on the 9th of January, about two o'clock in the afternoon, in Old Charlton—I went into a customer's house, and left my cart for about four minutes, and then the coat was gone—I am sure it was in the cart when I went in—in consequence of what I heard I went in pursuit of the prisoner down a lane, by the side of old Charlton church, and saw the prisoner walking with a bag on his shoulder—he saw me and put the bag down, then threw my coat out, and went on—I took it up, and gave him into custody.
GUILTY . Aged 19.—Recommended to mercy.— Confined Six Months.
676. JANE HARROD, CAROLINE STILL , and ELIZABETH RICHARDS , were inicted for stealing, on the 22nd of January, 5 half-crowns, the monies of George Fisher; and that Harrod had been before convicted of felony.
GEORGE FISHER . I am a timber-merchant, and live in Albion-street, Rotherhithe. On the night of Saturday, the 21st of January, I met a female, who is not in custody, in Church-street, Greenwich—it was from ten minutes to half-past twelve o'clock—I went to a house in Tranter's-buildings—there were two beds in the room—I retired to rest, and placed my waistcoat and trowsers on a chest in the room—I had six half-crowns, three shillings, and one sixpence in my waistcoat pocket—I placed my stockings across them, to know if they should be meddled with—in the morning when I arose I discovered that my clothes had been removed—I examined the pocket which contained the money, and five half-crowns were gone—I sent the person belonging to the house for a policeman—he came, and told the prisoners, who were all in the other bed, if they had the money the better plan would be to give it up to me, and all proceedings would be stopped—they had come up subsequent to our going there—the other woman was remaining in the bed—the prisoners appeared asleep—I charged them with taking my money—they said they had not, and called forth many bitter oaths, which 1 did not believe—I stated to the policeman that one was a new-looking half-crown, and one was worn very much at the edges—I assisted the policeman in searching the bed the prisoners were in, and I discovered one half-crown in the pillow and three in a purse, and then we opened the pillow and found the other among the feathers—I found one worn at the edges—when the five half-crowns were found, the policeman asked them who took the money—one said, "I did not take it;" another said, "I did not;" and then they said, "We are all alike, one is as bad as the other"—I believe it was still said that—the others did not contradict it.
Harrod. He said if it had not been for the law of the country he would have made away with us in ten minutes. Witness. I said if I had a whip I would give you a good horsewhipping.
Richards. It was me that made use of the expression—he says it was the other.
THOMAS THORP (police-constable R 154.) on the 22nd of january I went to the house kept by Mr. Fitzgerald—I saw the three prisoners were sitting up in bed partly dressed—there was another girl in the other bed—the prosecutor was standing up in the middle of the room, dressed—I told the prisoners they had better tell me where the money wag—they were very anxious to be searched—I began to search—the prosecutor took the pillow tad found one half-crown, I found a purse with three half-crowns, and than we opened the pillow and found another half-crown—before I found any of the half-crowns the prosecutor described two—he said one was a smooth edged one, and one was a new one—when I found the money still said, "One is as bad as the other," and they were all three in it—I had before asked them, and they said they knew nothing of it, and were anxious to be searched—Mrs. Fitsgerald said the purse was the same that she gave to another girl of the house; and said to Still, "I saw you have the purse the day before"—Stilll then said, "We are all in it"—neither of the others said anything.
HARROD.— GUILTY . Aged 18.
STILL.— GUILTY . Aged 27.
RICHARDS.*— GUILTY . Aged 18. Confined one year, four weeks solitary.
ANN CLARK . I am single, and am In the employ of Elizabeth Jennings of Market-place, Greenwich. On the evening of the 24th of january, I left a shawl on the balustrade of the stairs in that house—I saw the prisoner come in to offer the duplicate of a pair of trowsers for sale, and the next morring I missed my shawl.
CHARLES REEVE . I am a shopman to Mr. Harker, a pawnbroker of church-street, Greenwich. on the 24th of January, a man pledged this shawl at my master's—it was taken out of pledge about a quarter of an how after, by the same man—he is here.
JAMES HARRIS . I am a labourer, and lodge at Mrs. Moody'st Thomas-street, Greenwich. On the afternoon of Tuesday the prisoner was in the house—he was offering for sale the ticket of a shawl—I did not take it—Mrs. Moody purchased it and gave me the ticket to take it out of pledge—I did so, and got it out of pledge at Mr. Carter's—I had not pledged it before—I pledged it again at Mr. Harker's—Carter would have the former duplicate.
EDWARD CARTER . I am a pawnbroker at greenwich. I have got the duplicate relating to a shawl that was pledged on the 23rd of January, for 1s. in the name of "William Callagban, East-lane"—I have seen the prisoner there twice before—to the best of my recollection he pawned it—I have the duplicate and the counterpart—I have not a doubt but that it related to this shawl—the prisoner used to pawn in this name.
Prisoner. He said at the office I was not the lad who pawned it—then he said he had no doubt, but he could not swear it—I did not pledge it.
J. HARRIS re-examined. Q. Can you swear whether it is the duplicate
that you were sent with to get the shawl out? A. It is the same—I have known the prisoner three years and a half, he has borne an honest character.
ELLEN MOODY . I am the wife of William Moody of Thomas-street, Greenwich. On Tuesday, the 24th of January, the prisoner came to my house—I bought a pawnbroker's ticket of him—I sent Harris to get the shawl out of pawn—Harris brought it in—I said I did not like it, and would pawn it again for my own money—he said a young man who was starving for bread, had given him the ticket—I got it out of pledge to see if it suited me—it did not.
Prisoner. I had the ticket given to me.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined One Month.
JAMES EDWARDS . I am foreman to John Field, of Greenwich. On Monday morning, the 30th of January, it was the duty of the carters to go from Billingsgate to Shooter's-hill—on Sunday morning, I gave Kingston four bushels of chaff and two of oats, not mixed, to feed his four horses, on Sunday night and Monday morning—it was his duty to have used all that, except a little to take out with him in the middle of the day, to have fed them on Monday—this is the com and chaff—it resembles that we have About the premises, and what I give out there—here is about a bushel.
Cross-examined by MR. JONES. Q. How long had Kingston lived with you? A. Ten years—he always had a good character—I think there is a bushel there—it is rather dirty—it has been blown over by the horses, and they would not eat it—I said it was not worth 6d., because it is very seldom another horse will eat it—I knew nothing of this till the policeman took the men—my master was rather unwilling to prosecute—I should have thrown it on the dunghill if the horses would not eat it.
JAMES PARRY (police-sergeant R 8.) On Monday morning, about half-past six o'clock, I went opposite Mattison's house, in consequence of information I had received—I saw Kingston come with a cart and three horses—as he came facing Mattison's yard, he spoke to him—Mattison went behind the cart, and took out the sack—I followed him, and took him emptying the contents into a basket—here is a bushel of oats and chaff—I took him into custody—he begged me to let him go—I said I could not do any such thing, for it was not the first time—he said it was the first time—the constable Crawley was on the spot—I directed him to go after the carter, and take him.
Cross-examined. Q. I believe you asked Mattison what he was to give? A. Not at that time; but I did ask him, and he made me no answer—he did not say he was to give nothing for it—I was certain be heard me—I went to the prosecutor's to get his assent to come to the Magistrate—I did not see him—Edwards told me, afterwards, that his master did not mean to prosecute—there is no profit in this—I get two shillings a day besides my regular pay. but it costs me 1s. to get my dinner.
NOT GUILTY .
Before Mr. Sergeant Arabin.
FASNY BLAIR . I live at Deptford New-town, and am a widow. These things were mine, and taken out of a shed opposite my kitchen door, In my yard—Smith came there on the Friday, and the basket and bottles were stolen on the Saturday—I did not see them again till the Sunday—these are my bottles, and this is my basket, I know it by its make, and being broken at the side—I think I lost about two dozen bottles.
JOHN REESE (police-constable R 79.) On Saturday, the 28th of last month, I saw the prisoner Hart in the shop of Mr. Roberts, High-street, Deptford, selling these bottles, and the other prisoner outside toe door—that is about ten minutes walk from Mrs. Blair's.
JOHN ROBERTS . Between eight and nine o'clock, Hart came into my shop with some bottles—I bought three small ones of him—he had seven or eight more, which I would not have, and he took them away with him—I did not see the other prisoner.
JAMES PARRY (police-sergeant R 8.) I received information of this on Sunday—I went to Smith's lodgings, and took him in bed—I found the basket and bottles in the yard—he said he had sold the rest to Mr. Roberts—I then went and took Hart—he denied all knowledge of the basket and bottles, and said he had not sold any to Mr. Roberts.
Hart. When he went to Mr. Roberta's, he said I was not so tall a boy. Witness. Yes, that was the case—on Sunday morning, Roberts said he was not so tall, and he had a light great coat on.
SMITH— GUILTY . * Aged 16.
HART— GUILTY . * Aged 17.
Transported for Seven Years.
SURREY LARCENIES, &c.
Before Mr. Recorder
680. GEORGE RING and EDWARD SULLIVAN were indicted for stealing, on the 18th of January, 1 mare, price 15l.; 1 set of harness value 2l.; 1 cart, value 5s.; 319 Ibs. weight of sugar, value 8l. 12s. 19 printed books, value 1l. 8s.; 1 tea-chest, value 1s.; 2 baskets, value 2s.; 5 sacks, value 10s.; 2 nose bags, value 2s.; 4 yards of rope, value 1s.; 2 yards of canvass, value 1s.; and 2 stone bottles, value 1s.; the goods of Thomas Cyrus Haslett.
THOMAS CYRUS HASLETT . On the 18th of January, I took my horse and cart to Messrs. Shaw and Paradise, in Tooley-street, Borough—I had no one with me—I got out of the cart, and went into the shop—it was a very quiet horse, and would have staid there till next morning, if it bad been let alone—it had come fourteen miles without being out of harness—I arrived there about half-past four o'clock—I had been going about to different places until then—I remained in Shaw's shop about two minutes and a-half—the cart was then safe—I went in again, and while I was speaking to Mr. Shaw I turned my back, and in a minute and a-half the cart was gone—the mare was a brown one—the cart contained the property stated—I met Savory at the corner of King-street, Borough, about half or three quarters of a mile from the shop—I had been looking about for
Three quarters of an hour then—while I was speaking to him, I saw the two prisoners driving the horse as fast as they could up King-street—they were both in the cart, and Ring, I think, was driving—I pointed the horse and cart out to Savory, and he stopped It—it was going at the rate of five or six miles an hour—the horse was tired—the direction on my cart was "Thomas Haslett, Keston, Kent—common stage cart"—that was written behind as well as before—they were coming up King-street, from Ber-mondsey-street, into the Borough—that is the way I should have gone to Keston if I had been in Bermondsey-street, but not the way I should have gone to Tooley-street—the way the prisoners went would be out of the way a good deal from Tooley-street—nothing had been taken from the cart when I recovered possession of it.
SIMON SAVORY . I am a policeman. I was standing at the corner of King-street, Borough, on the 18th of January, a little after five o'clock—the prosecutor gave me information, and I saw a cart coming down King-street from Bermondsey-street, and turn round towards St. George's church—both the prisoners were in it, and Ring was driving—it was rather dusk, but the lamps were lighted—I ran into the road, and stopped the horse, and asked the prisoners where they were going—Ring said, into Kent—the direction they were taking would lead them to Kent from where they were, but it was not the direct way—they should have got up to the Bricklayers' Arms, which would have saved half a mile—I took then into custody, and at the station-house both of them said a man at the Angel public-house, in Snow's Fields, asked them to drive it on for half a mile, and he would overtake them—the Angel is at the corner of King street.
Cross-examined by MR. CLARKSON. Q. Where was the horse and cart when you first saw it? A. In King-street, leading into the Borough, within 200 or 300 yards of St. George's church, and about a quarter of a mile from Bermondsey-street—the Angel is 600 or 700 yards from St. George's church.
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
JOHN HAMMOND (police-constable M 89.) On Tuesday, the 17th of January, I was employed to watch Mr. M'Intoth's stables, at shad Thames; and between six and seven o'clock that evening I saw William Hampstead, who is not in custody, in the stable, in company with the prisoner—I saw Hampstead put a sack of oats on the prisoner's shoulder—I let the prisoner proceed a few yards from the door—I then took him into custody, with the sack on his back—I called Lines to my assistance, and the sack was deposited in his house—it contained oats.
Cross-examined by MR. PRICE. Q. What became of the other man? A. He made his escape while I was securing the prisoner.
WILLIAM LINES . I keep the King's Arms at Shad Thames. I was called by the officer to take charge of the sack of oats, and saw him take it off the prisoner's shoulder—I kept the sack till the next morning, and delivered it to the policeman—a sample of the oats was taken from the sack by the inspector, next morning in my presence.
from the sacks in Mr. M'Intosh's stables—they we the same corn—I saw the prisoner at the station-house, and asked him what account he had to give of having the sack on his back—he said, a person, a stranger to him came into the stable, and asked him to carry the sack, and he would follow him, to tell him where to take it—he said he knew nothing further about it—I asked him whose corn it was—he said Mr. M'lntosh's—I found the stable alto belongs to Mr. Garnham, whom the prosecutor rents part of, the stable of, and the prisoner works for Mr. Garnham—I understand that the man who has escaped has worked for Mr. Garnham, and also for Mr. M'Intosh, but at the time he was not working for either of them.
JOHN M'INNES . I am superintendent of works for Mr. Hugh M'Intosh, and have been employed at the Greenwich-railway. I have seen the sample of oats in Hammond's custody, and the sack—the sack has Mr. M'Intosh's corn-factor's mark—I have examined the oats, they are Mr. M'Intosh's—he has a horsekeeper, named Thompson—I have known Harmpatead work, for Mr. Garnham, with the prisoner—they used to work in that stable—Thompson was at Ealing that evening, with a load of ballast—I have heard nothing of him since.
Cross-examined. Q. Did Hampstead work for Mr. M'lntosh also? A. He might go out at times—the sack is marked "Urquhart."
(The prisoner received a good character.)
GUILTY . Aged 54.—Recommended to mercy.— Confined Three Months.
Before Mr. Common Sergeant.
682. HENRY GOODFELLOW was indicted for stealing, on the 6th of November, 2 rings, value 15l., the goods of Peter Anderson, his master, is his dwelling-house; and CHARLES GRUBB , for feloniously receiving the same, well knowing them to have been stolen.
PETER ANDERSON , I am a member of the Stock Exchange, The prisoner Goodfellow was in my service—I lost a diamond ring, with a single stone, and another, containing five smaller diamonds—I had some handbills printed, and circulated them through the place—I had them in a drawer in my bed-room—this boy and the female servant had access to it, and they alone, with the exception of my family—these are the rings—(produced)—as far as I can be sure of such things, to the best of ray belief—they are the same pattern and appearance altogether.
Cross-examined by MR. RYLAND. Q. How long had the boy been in your service? A. Nine or ten months—I know his parents particularly—we had a cousin of his previously—I believe his father is a respectable man—I had no reason to complain of the prisoner before—I did not discharge him for nearly a month after my loss, as I had no particular suspicion of him—I thought it more likely to be the female servant, as having more access to the room—my suspicion rested more on her, but it was merely general suspicion—he had merely to take up my boots in the morning—I am single, but my mother lives with me—there is no particular mark on the rings—they are exactly the same patterns—I had seen them on the 6th of November—I will not say they are worth £5.
WILLIAM GOODWIN . The prisoner Grubb lives within five doors of me—on the Monday after Christmas day, he asked me to come and see him as he wanted to speak to me—he is a hair-dresser—he was shaving a customer at the time, and I said I would call as I came back—I went afterwards, and he said, as he was under a compliment to me for the favours he had received from my house and my family, he wanted to make me a
compliment, and hoped I should accept of something he had purchased in his shop; he wished me to accept of two rings, one for myself, and one for my wife—I accepted them, and took them home—my wife put them in a drawer behind the tea counter, in my presence—they were left there for a week—I returned them again to Grubb, when I found there was a dispute about them—I do not think these are the rings—they are something like them, but there was one ring not so big as this—I do not think there were so many stones in it—I was brought up as a carpenter, but I am a grocer now—I did not ask him how he came by the rings—he wished me to take them for favours received from me.
RICHARD HOSKINS (police-constable.) I apprehended Grubb, and asked if he knew any thing of any diamond rings—he told me he did not—in going to the station-house I asked him if he knew a person named Good-fellow—he said he did, a boy—he then said, "Now I know what you mean"—he said he did buy two rings of Goodfellow—I had told him he need not say any thing unless he liked—he told me he gave half-a-crown for one and 5s. for the other—I asked him if he knew where Goodfellow lived—he said he did—I went and apprehended Goodfellow, and asked if he knew any thing of any diamond rings—he said he did not, but on our way to the station he made a dead stop, and said he would go back and find the rings—he then stopped again, and said he would not go, and I took him to the station—he then said he would go with me—he went to Mr. Dyer, a green-grocer, at Kenniugton-common, where he was living, and pointed out a place to me where I found these two rings.
Cross-examined by MR. RYLAND. Q. What did you say to the boy? A. I asked him whether he knew Grubb—he said he did, and would go back and find the rings—I did not tell him he had better show where they were, nor did the prosecutor in my presence.
GOODFELLOW— GUILTY, of stealing to the value of 99s. Aged 16. Confined Six Months; Six Weeks Solitary.
GRUBB— NOT GUILTY .
ELIZABETH BAILEY . I work for Messrs. Lawson and Horn, hatters. The prisoners were in their service—I was at work in the shop between five and six o'clock in the evening of the 7th of January, and saw Clayton take a hat off a plank, and give it out of the window to Fishington, who was outside—he went away—Clayton shut the window down, made a humming noise, and went on with his work, and in about half-an-hour Fishington came back.
Cross-examined by MR. CLARKSON. Q. Is it a large shop? A. Yes—I was on the same side as the window—I mentioned it about half an hour after it happened—there were three more persons in the shop—I went up afterward and told master—I mentioned it at once to Richards, a man who stood by my side—he is not here—I told Mr. Lawson I had told Richards about it.
Cross-examined by MR. PAYNE. Q. Are there any other windows by the side of the shop? A. There are four windows—I was at the last-one—I had seen Fishington in the shop only two or three minutes before—I saw his arm come into the window, and take the hat—I know it was him—I saw his face and his whole person outside the window—it was a stuff
Hat that was handed out—a finished one—I do not think it was shaped—I should know it again.
Cross-examined by MR. CLARKSON. Q. What time was it? A. Between five and six o'clock, I think—I live about ten minutes walk from the prosecutor's.
WILLIAM LAWSON . I am In partnership with Mr. James Horn We are hatters in Blackman-street—the prisoners were in our service—this hat is our property—I never authorized the prisoners to pawn it or dispose of it.
Cross-examined by MR. CLARKSON. Q. Had Clayton been in your service any time? A. About nine months—I thought well of him—I feel very much for him.
Cross-examined by MR. PAYNE. Q. Did you purchase that hat? A. I did—I think on the 2nd of January—I saw it the day before it was taken—I remembered it particularly being untrimmed—I have sold Fishington two or three hats—about two months ago he asked me to allow him to take a few to a place in the country—I trusted him with, six, bathe never brought them back, and I was obliged to send after them—we only enter cash payments in our books—I never sold him any of this description.
(John Goldspring, Blackfriars-road, deposed to Fishington's good character.)
CLAYTON— GUILTY . Aged 56.—Recommended to mercy.
Confined Three Months.
FISHINGTON— GUILTY . Aged 30.— Transported for Seven Years.
(There was another indictment against Fishington, for stealing ten hats.)
Before Mr. Recorder.
JOSEPH JOHN LEWIS . I am a Thames-police surveyor. On Friday Evening the 6th of January, I Was going through Holland-street, Bank-side, and saw the prisoner take this jacket off a brewer's dray—I asked him what business he had with it—he Immediately gave me a shove and attempted to escape—he said he knew the person who was driving the dray—I took him to the public-house where I saw the driver who claimed it—the prisoner had a bag with him with some harness in it—he had not got three yards from the dray—I told him I was an officer.
SAMUEL KNIGHT . I am in the employ of Messrs. Thorn brewers, and lire in Wood-street, Westminster—this it my jacket—I left it on the shaft of my dray—I know nothing of the prisoner—he did not appear in liquor at all.
GUILTY . Aged 46.— Confined Six Months.
Before Mr. Justice Williams.
685. DENNIS M'CARTHY , alias Green, was indicted for that he, having been convicted as a common utterer of counterfeit coin, did afterwards, on the 7th of January, feloniously utter and put off a counterfeit half-crown to Charles Palmer, well knowing it to be counterfeit.
MR. CRESWELL conducted the Prosecution.
CALEB EDWARD POWELL . I am assistant solicitor to the Mint. I produce a copy of the record of the conviction of Dennis M' Carthy in June Sessions 1833, for uttering counterfeit coin—I have examined it with original, it is a true copy (read.)
DANIEL SULLIVAN (police-constable K 127.) I was present when the prisoner was tried in 1833, at Clerkenwell, for uttering a bad shilling—I was the constable who took him, and I am certain he is the man.
CHARLES PALMER . I keep the Anti-Gallican and Star in the Borough. On the 7th of January, soon after nine o'clock in the evening, I saw the prisoner at my bar with one or two men, idling about—they did not seem to want any thing, till I got very busy—the prisoner then came and asked for a quartern of gin—one of them drank it—it came to four pence—the prisoner gave me half a crown—it looked very suspicious, but in consequence of being pressed with customers waiting, and there being only myself at the bar—I with a great deal of reluctance put it into the till-there was no other half-crown in the till, and only a few shillings and six-pence—I gave the prisoner 2s. 2d., change, and they drank the gin—I be lieve between the three—in consequence of what my daughter said to me, about five or fix minutes after, I took the half-crown out of the till, and saw it was a very bad one—in about ten minutes the prisoner came again to the bar for another quartern of gin; he had one man with him, but whether fee had two I cannot say, as so many people were about the bar—I served him he then gave me another bad half-crown—I looked at him and in stantly saw it was the same man—I said, "This is a bad half-crcwn"—he said he did not know it was a bad one, and gave me a good one out of his hand I kept them both—I sent for a policeman and delivered the two bad once to him, desiring him to mark them—I took the prisoner into the kitchen, and he was searched, but nothing was found on him but a bit of tobacco and paper—I cannot tell what became of the 2s. 2d., I had given him.
Cross-examined by MR. PAYNE. Q. Are you quite sure it was not More than five or six minutes, between your putting the first half-crown into the till and your daughter speaking to you? A. It was not more than that—I noticed the prisoner particularly the first time I served him—and the second time also—he had not left the house—I expected him to give me another half-crown for the bad one—I went round to prevent his going out—the other person who was with him went out—I did not lay hold of the prisoner—he asked several times for the change, but I would not give it him—he did not try to get away—I did not give him a chance.
PETER O'NEAL (police-constable M 99.) On the 7th January, the prisoner was given into ray custody by Mr. Palmer, with two bad half-crowns, which I produce—I took him into the kitchen, and searched him, but found no coin whatever on him.
Cross-examined. Q. Did you put any marks on the half-crowns? A. No, not till he was committed on the 14th.
MR. CRESWELL. Q. Had you mixed them with any others? A. No—I swear they are the same.
Cross-examined. Q. Is there any difference in their appearance? A.I do not perceive any—they are both equally bad.
GUILTY . Aged 25.— Transported for Fourteen Years.
Before Mr. Common Sergeant.
686. WILLIAM BENNETT was indicted for stealing, on the 15th of January, 3 handkerchiefs, value 3s. 6d., the goods of Owen Osborne; and ELLEN DONOVAN for feloniously receiving, 1 handkerchief, value 2s., part and parcel of the said goods; well knowing it to have been stolen; against the Statute, &c.
OWEN OSBORNE . I am a silk dyer, and lodge at the Catherine Wheel Inn, in the Borough. About five or six o'clock on the afternoon of the 15th of January I was at Mr. Gilmore's, the Crown public-house—I had three handkerchiefs in my hat—one was my own, and one was Mr. Gilmore's, which I had to dye for him—I put my hat on the bench by the said of me—I was very unwell, and reclined my head on the table, and went to sleep for a few minutes—I had a severe cold and cough—when I aroused I wanted to make use of my handkerchief, and found they were gone some people in the room told me something which induced me to look after the prisoner—George Piper went in search of him—I was fetched to see the prisoner, and he then had one handkerchief in his hat, one round his neek, and Donovan had the other round her neck—these are two of them the prisoner in removing from the public-house to the station made away with one.
Bennell. I bought them outside the door, and gave sixpence for them Donavan. This young man came into the public-house where I was taking a pint of beer—he was in distress, and I bought one handkerchief of him.
GEORGE PIPER . I live in Potter's-place. I was at the Crown public-house—I saw Bennett there, and the prosecutor laying his head on the table—I had not been there many minutes before I saw Bennett go and lie on the seat against Osborne—he was close to the hat—in about two minutes he got up and went out, and in about two minutes Osborne rose up and wanted his handkerchiefs, and I told him what I had seen—I went down to Mr. Waterman's, another public-house, and had not been there above ten minutes before Bennett came on—he had a cap on—he pulled that off, handed it to another man, and the man handed him a hat—he then went out and came in again, and gave Donovan, who was sitting there, a hand-kerchief—I went and told Osborne what I had seen—he came, and said, "That is one of my handkerchiefs round the prisoner's neck"—he went for a policeman, and Bennett was for making off, but he was stopped—the officer came and took them both—I did not see Donovan give any money to Bennett, nor hear him say any thing to her—he might do so, and I not Hear it.
Bennell. Did you see me take any thing out of the man's hat? A. No, I did not—I saw you lie on your back close along by the hat, but when Osborne rose up, no one had gone out except you.
CHARIES CASBOULT (police-constable N 168.) I went to the house, and found Bennett outside the door—he had one handkerchief in his hat and this one round his neck—I went in and took Donovan with this one round her neck—she said she knew nothing about it—she had bought it.
BENNETT— GUILTY . Aged 21.— Transported for Seven Years.
DONOVAN— NOT GUILTY .
them at my door between 12 and 1 o'clock on the 26th of January—I did not miss them till Skinner brought them to the door, with the two prisoners, between three and four o'clock that day—they were my three ducks and one drake.
GEORGE SKINNER . I work for Mr. Hodges, a smith, at Battersea-rise. On the 26th of January I saw John Charles Beasmore feeding the ducks, which were out of the pond—Thomas Beasmore and another boy were there—I watched for an hour and a half—I saw the other boy come by with a bundle—I supposed he had got the ducks—I went out—John Charles Beasmore made a signal, and the other two ran away—the big one, who escaped, dropped two ducks, and the prisoners dropped one each—I took them up, and took the prisoners back—we found that they lived in Church-street, Soho.
T. BEASMORE— GUILTY .* Aged 11.— Confined One Month; One Week Solitary, and Whipped.
J. C. BEASMORE— GUILTY . Aged 9.— Confined Three Days and Whipped.
Both recommended to mercy by the Jury.
Before Mr. Recorder.
688. HANNAH LEWIS was indicted for stealing, on the 21st of December, 3 spoons, value 30s.; 2 table-cloths, value 6s.; 1 bed-gown, value 3s.; 1 pinafore, value 1s.; and 4 napkins, value 4s.; the goods of John Saysell, her master.
CHARLOTTE SAYSELL . I am the wife of John Saysell, and live in Water-loo-road Lambeth. I took the prisoner, on the 10th of November, into my service she remained till the 21st of December—she then left without notice, and I missed these articles.
GEORGE COLGATE . I produce two table and one teaspoon which were pledged on the 21st of December for 22s. 6d. I cannot say that it was by the prisoner—it was some female—she gave me the name of Ann Smith-the same day I took in a table-cloth, napkins, and a bed-gown; but they were redeemed—I should think they were pledged altogether, by my taking them in, and the ticket being my writing—I cannot recognise the prisoner—I think I live a mile from the prosecutor's.
CHARLOTTE SAYSELL re-examined. I did not sec the prisoner before she was taken before the Magistrate—these spoons are my husband's—they were in care of the prisoner—they were used at dinner-time—she left between five and six o'clock in the evening—these should have been brought up stairs after dinner, but she did not come up—I went down, and she was gone, and the things were gone—I found the door shut, so that no one could get in from outside.
Prisoner. I asked Mrs. Saysell to let me go out, and she would not; she stated at the office, that when she went down the door was open.
Witness. No; the door was shut—I am certain no one was in the house but a little girl who minds the child, and she was with me—the prisoner never returned—Mr. Saysell heard she was at a public-house, tipsy—he went there and found her.
Prisoner. Plenty of people had access to the kitchen besides me—there are young men who go down every hour. Witness. There had not been one of them down that day, from the time she left.
NOT GUILTY .
689. SAMUEL PEARSON and THOMAS BROOKS were indicted for stealing, on the 24th of January, 1 1/4 lb. weight of wool, value 7s. 6d., the goods of William Miller Christy and others, the masters of the said Thomas Brooks.
MR. BODKIN conducted the Prosecution.
JAMES GRAY . I am foreman to Messrs. William Miller Christy and others. There are more than two partners—Pearson is a labourer in their employ—he had been about four years in their service, and then was discharged—he came back about Christmas twelvemonth—Brooks had been in their service from about June—there is a part of the manufactory which is warmed by steam—that closes at seven o'clock—it is then my duty to go and see that all is right—on the 24th of January, in going round at seven o'clock, after the engine had stopped, I came to a saw-mill, or shed, which is about thirty-nine feet long—it is open at one end, and closed at the other—there is no thoroughfare through it—there are a whole range of windows on one side—I was standing at the open end of the shed—the gas was out—there is a range of shops opposite this shed, with glass windows, and the gas was alight there; that in a good measure lighted the saw-mill—there was a candle burning in the shed—about seven feet down there are some pegs on which the men hang their jackets, about where the candle was—I believe Pearson usually hung his jacket there—he would leave work at seven o'clock—I first saw the light, and said, "Halloo! Who has left a light there?"—I then saw a person nearly at the end, with a bundle in his hand, whom I thought was Samuel Pearson, being well acquainted with his figure—I then thought something was wrong—I went down the mill, and Pearson came up and met me—he had then nothing in his hand but his hat—that was not what he had in his hand at the bottom—he had his hat on then—he said, "It is only me, Sir, looking for my hat"—he then took his hat off, waved it, put it on, and passed on—he sail, "Good night, Sir"—I saw him first on the other side of the candle—when he came towards me he took the candle, and was going to blow it out, and I said, "Don't put it out, I will light the gas"—he then went away—I proceeded to the bottom of the shed where I had noticed him standing—I found this parcel—it contains fine German wool—I searched the shed thoroughly—I found no other parcel there.
Cross-examined by MR. CLARKSON. Q. There is a mark on it, is there? A. I have seen it in use twenty times in an hour—there is no mark on it bat the holes in it, and the fringe—we have not another in the factory to equal it—I know it by the holes—I do not wear an apron—there are perhaps twenty or half a dozen who wear aprons of that kind—I saw it on Pearson a fortnight ago last Saturday—he had been very ill the week after the Satur—day on which I saw him wearing it—it is usual for the men to leave their coats and aprons in the place where they work—I am an engineer—I work in the room where Pearson is, looking after the machinery—in general he works at the saw mill—it is sometimes my business to be there a dozen times a day to see the machinery.
MR. BODKIN. Q. How long has he been employed in cutting logwood? A. I think last August was the first time—he holds the log in this apron to save his hands—I am certain it is his.
STEPHEN HALL . I am in the employ of Messrs. Christy. I work with Pearson sometimes, when he is sawing deals—that is the apron that he wore—I cannot say how this hole came—I have seen him wear it when
he has been at work with me—I am certain it is his—there is no other like it in the factory.
Cross-examined by MR. CLARKSON. Q. When was your attention first called to this apron? A. Last Friday—I was taken to Union-hall and was asked if I should know it—I said yes, if I were to see it—and this is it.
GEORGE POPE . I am employed in the carding room at Messrs. Christys. The prisoner Brooks was employed in that room—the wool comes there damp to be carded—on the 24th of January I had wool of that kind in the carding room damp—Brooks was there in the evening of the 24th—I saw Pearson come there about a quarter to seven o'clock—there was no other man but Brooks in that room—Pearson had no business to come up—when he came up Brooks was in an inner room, which is partitioned off from where I was—I cannot say whether there was any wool in that room—there was only Brooks there when Pearson went into the inner room—I cannot say how long he stopped—there is another way out.
Cross-examined by MR. CLARKSON. Q. Did you stay all the time? A. Yes, till the engine stopped in the outer room—I do not know how long Brooks stopped—he was there when I went—we cannot go from the inner room into the street—he must have come into the outer room, because they were pulling down a place—I cannot say whether Pearson left the place before I went—he must have come into the outer place, but he need not have come where the wool was—some of it was kept in boxes, to put on the engine—I had been working on the wool all day till a quarter before seven o'clock—it is usual to clean the engine—the basket, where the wool was, was just under the foot of the engine—there is wool all over the room sometimes.
Cross-examined by MR. CHAMBERS. Q. Are there any engines in the inner room? A. Yes, two—Oliver looks after them—he is not here—it was his business to look after the engine, and attend to it.
MR. BODKIN. Q. Where was Oliver that night? A. In the outer room—Brooks would have an opportunity of taking wool out at any time—I was working at the first end, and one corner is fenced off for the inner room—I was employed at about eight yards from the door of the small room—there was an engine between me and the door.
WILLIAM ELLIOTT . I am in the prosecutor's employ. I have the care of the carding-engine, and superintend carding the wool—Brooks and five boys are employed there, but no other man—Oliver is under Brooks—he is only eighteen years old—it was no part of Pearson's duty to be up in that carding-room—I had seen him there about three weeks before, speaking to Brooks at the further end of the room, and said, "Sam, what do you do here? You have no business here, you should not come into this room"—on the 24th of January he had no business on that night to go up into that room—we had wool of that sort in the course of manufacture—it was always damp when given to be carded—this had just come from the carding-engine—I should suppose when it was given to me first that it could not have been carded more than one hour or two hours—on the evening of the 24th, Gray made a communication to me—I sleep on the premises, and on the following morning I was up a little before half-past six o'clock—I saw Pearson come to work at a quarter or twenty minutes past seven o'clock—
he went directly to the saw-mill, and watched him—he went down to where they hang their coats up, and beyond it towards the end.
Cross-examined by MR. CLARKSON. Q. I believe you never said a word of that before the Magistrate? A. I think it was named—I am not positive.
MR. BODKIN. Q. do you know how many men hang their coat there? A. I believe Hall and Pearson hang their hats and coats there, only.