CENTRAL CRIMINAL COURT.
FIFTH SESSION, HELD FEBRUARY 27, 1837.
MINUTES OF EVIDENCE.
Taken in Short-hand.
GEORGE HEBERT, CHEAPSIDE.
On the King's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Before the Right Honourable THOMAS KELLY LORD MAYOR of the City of London; Sir James Allan Park, Knt., one of the Justices of His Majesty's Court of Common Pleas; Sir John Bernard Bosanquet, Knt., one other of the Barons of His Majesty's Court of Exchequer; Sir Thomas Coltman, Knt., one other of the Justices of His Majesty's Court of Common Pleas; Matthew Wood, Esq.; Anthony Brown, Esq.; Matthias Prime Lucas, Esq.; Sir Peter Laurie, Knt.; Henry Winchester, Esq.; and William Taylor Copeland, Esq.; Aldermen of the said City of London; the Honourable Charles Ewan Law, Recorder of the said City; Samuel Wilson, Esq.; Sir Chapman Marshall, Knt.; James Harmer, Esq.; John Pirie, Esq.; Thomas Wood, Esq.; John Lainson, Esq.; and John Humphery, 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. FIFTH 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.
Jury, before Mr. Justice Bosanquet.
697. CHARLES COCKETT and WASHINGTON YAKROLL were indicted for burglariously breaking and entering the dwelling-house of Mary Greening, about the hour of three in the night of the 8th of February, at St. Leonard, Shoreditch, with intent to steal, and stealing therein, 5 fowls, price 2l., the property of Adam Greening: and 1 handkerchief, value 3s., the goods of Thomas Balliston.
HENRY DUBOIS . I am a policeman. I was on duty on Thursday, the 9th of February, about half-past three o'clock in the morning, and saw both the prisoners in company together—they passed by me in the City-road—they were about two hundred yards from Mrs. Greening's house—I had occasion to pass Greening's house a very few minutes after, and found the shed-Door open—it was about four o'clock—I called of the inmates—Mrs. Greening came first—I noticed about five tiles taken off one end of the roof of the shed, which was very low—it is a continuation of the roof of the dwelling-house—the whole family were called up—in consequence of information from Mrs. Greening, I and her son Adam searched the premises—we went over some gardens adjoining her field, and, after a long search, we heard a cock crowing—we went to the place the sound came from, and found two hens in one privy, and two hens and a cock in the next privy—the privies were the length of the field from Greening's house—Adam Greening took possession of the fowls—I afterwards received them from him, and kept possesion of them—in the first privy, where I found the two hens, I found this piece of list, and when the prisoners were apprehended I saw some list, found in Cockett's pocket—that was about three quarters of an hour after I left the premises.
Cross-examined by MR. PAYNE. Q. This is a common piece of list, is it not? A. Yes, very common—I first saw the prisoner two hundred yards from the house—I found the door of the house wide open, as if it was day-time—the fowls could get but at the place where the tiles were off.
COURT. Q. I suppose it was dark at the time. A. Yes, very dark.
RICHARD HAWKES . I am a policeman. I was sent to Greening's house by the inspector about twenty minutes to six o'clock—I found Sergeant Dubois, Adam Greening, and Fearne there—Dubois pointed out two privies to me—I went to them, and stopped there till twenty minutes past six o'clock, and saw Yarroll come down a passage from Shepherdess-walk—he had a bag under his arm—he came to within a yard or two of where I was standing—he looked round, and in a minute or so he went back up
the passage, and I heard him say, "Come on, it is all right"—I saw Cockett and Yanroll return past where I was concealed—a short distance down the passage there is a door leading to some gardens, through which they passed and came into the yard where I was—the prisoner Yarroll went to one of the privies Duhois had showed me and opened the door—I heard one of them say, "They are gone"—they then separated, and I made my appearance—I attempted to lay hold of Cockett, and we scuffled—he endeavoured to get away—in the scuffle his hat fell off, and I saw this handkerchief drop from the hat, wet—I took it up and put it into my pocket—I took Cockett to Greening's house, and Fearne joined me in a few minutes, having Yarroll—we took them to the station-house.
Cross-examined. Q. When did you first show the handkerchief to any body? A. To Mr. Greening, in about a quarter of an hour—I had kept it in my pocket all that time—I am certain it fell out of the hat—I took it up immediately—I swear positively it came out of his hat—I was struggling with him—the handkerchief fell down at my feet—he picked up the hat, and I took up the handkerchief.
JOSEPH FEARNE . I am a police officer. I accompanied Hawkes and secured Yarroll—I saw him in the yard, and he ran into the privy, and I took him out—I had seen the prisoners join each other and come into the yard, and go to both the privies, as Hawkes has stated—I took Yarroll about a minute after Hawkes took Cockett—I searched them at the station-house, and found two pieces of list on Cockett and a key—I have them both here—it is the same sort of list as that found by Dubois—we took them both to the station-house together, but the inspector sent one of them afterwards to Featherstone-street station-house—as we went along Cockett said to me, "It is a very unlucky day for me; this very day twelve month I had it before," and then he said, "It was Yarroll led me into this"—he said he did not know any thing about the place, but he supposed Yarroll knew all about the premises, living so near, and he said he would confess the whole when he came before the Magistrate.
Cross-examined. Q. How many times were you examined before the Magistrate? A. Twice or three times, I won't be certain which—I did not say any thing to the Magistrate about part of what Cockett said—I told some of it the second or third time, not the first—part of it I did not mention at all before the Magistrate—I forgot it—that was about it being an unlucky day for him, and he had had it that day twelve months—I cannot recollect whether I said any of it before the third time.
COURT. Q. Was your examination taken down in writing more than once? A. Only once; that was the third time.
MR. PAYNE. Q. But did not you give evidence the first and second time? A. No; I was not asked a question at all either the first or second time; and I did not state any thing about taking the prisoners or finding the handkerchief—I was not asked a question—I have had no dispute with Yarroll's family—I had some people in custody about a month ago—I did not want the Yarrolls to give evidence—I never asked them—they said they would come down, and they did so—they said they could not swear to the people, and the Magistrate dismissed them—they either could not or would not swear to them, but they said they could, before they came down.
Q. Have you said you should keep a tight hold of this job, and would send the prisoners to the Old Bailey, and would not be humbugged as you had been in the other case? A. No, I never used any such expression nor any thing to that effect—I know Elizabeth Ann Yarroll by sight—I
never said any thing of the sort to her, nor did any other policeman that ever I heard.
ADAM GREENING . I live in Shepherdess-walk, City-road, in the parish of St. Leonard, Shoreditch. My mother keeps the house—I lodge and board with her—I do not pay her for board—I conduct her business for her—she is a blanket cleaner—her Christian name is Mary—on the morning in question I was called up about four o'clock by my mother—I went Down, and found the tiles taken off the shed, and five fowls gone—it is a long wooden building—it joins the side of the house, and is all under one roof—there is one door opens out of a room in the house into the shed, and there are two doors going out of the shed into the field—the tiles were taken off about the height that a man could reach from the ground—the space was large enough for a man to get in—when I went into the shed I found the door wide open, and five fowls gone—I also missed a silk handkerchief—I saw the fowls afterwards at Worship-street, and knew them to be the same—one of the privies they were found in belongs to Yarroll's father—the field is inclosed all round by a wooden fence.
Cross-examined. Q. Have you known Yarroll long? A. Yes, for years—we have been playfellows together—his father is a tailor, and lives near us—there is a rail-fence dividing the field from his garden—one part of the fence is rather dilapidated, and there is room for the fowls to get through—that is all there is between the privy and our shed; but in one part, towards the house, there is a small garden between the privy and field.
Q. Supposing the fowls to have got out of your roosting-place, was there any thing to prevent them going by themselves to the privy? A. They could get through the rails, but it is not likely they took the tiles off, or opened the door—they have never been found in the neighbours gardens or privies that I know of—I know Spencer, a neighbour—I have never seen them in his privy—I always keep them shut up at night—they are out in the day-time—there is one little hole in our shed, where we put the water-spout through, but that we shut up generally—it is about six inches by eight—I do not know that I shut it up that night—the fowls are mine.
RICHARD GREENING . I am the brother of the last witness. On the night before the robbery I fastened up the shed or lodge—I was at work in the lodge till eight o'clock scouring—I fastened the door about eight o'clock by a bolt and bar—I went into it again about eleven or half past eleven o'clock that night, and saw every thing safe—I saw the fowls there then roosting.
Cross-examined. Q. Which door did you bolt and bar? A. The farthest door, which was found open in the morning—I do not know whether the little door was fastened—it was made to let a water-spout through—I fastened the door inside—I am sure I went in about half past eleven o'clock to give the horse some water, and every thing was safe then.
MARY GREENING . I am the mother of the witnesses, and am the housekeeper. I wash for Thomas Balliston—I remember his bringing me a bundle to wash on the Monday before the robbery, tied up in a silk handkerchief—I put the handkerchief in the back room till Wednesday, and then gave it to Cooper to wash, with a parcel of clothes.
Cross-examined. Q. When did you last see the handkerchief? A. On the Wednesday morning—(the fowls were taken that night)—it was to be washed at my house—I did not hear Fearne say he would keep tight
hold of this job, and would not be humbugged as in the former case—I heard him say we must attend at Worship-street, that is all, but nothing about being humbugged—there were shirts and other things in the house besides the handkerchief—I have known Yarroll for some years—his father and I have been neighbours together for eighteen years—I have seen Yarroll since he has been in prison—his mother asked me to go with her, and I went to oblige her—I pay the rent of the house.
ELEANOR COOPER . I am a washerwoman. On the day before the robbery I received a basket of dirty linen, with a silk handkerchief on the top of it, from Mrs. Greening—I washed the handkerchief the last thing at night, and hung it on a line in the lodge, at seven o'clock at night—I left it there, got my money from Mrs. Greening, and came away—this is the handkerchief (looking at it.)
Cross-examined. Q. Do you speak to it from its general appearance? A. Yes; I have had it many times to wash, and know it perfectly well-Balliston's mark is generally on his handkerchiefs, and here is his mark on it, "T. B."—there was more wet linen in the shed, in the basket.
COURT. Q. You left it wet? A. Yes, hanging on the line.
(Witnesses for the Defence.)
ELIZABETH ANN YARROLL . I am the prisoner's sister. I know the policeman Fearne—he said to me that he should keep a tight hold of this job, and he would not be humbugged as he was before—he said it in my father's shop, in the presence of my mother and several more—my sister-in-law had been to see if she could speak to the identity of some persons.
COURT. Q. How long ago is that? A. I think about a month—he said this before my brother was in custody—the day the other two young men were dismissed—that was before the fowls were lost.
MR. PAYNE. Q. Have you had no conversation with him since your brother was charged with this? A. No—he said he was regularly done out of that; and the next he got hold of he would hold pretty tight, and be would not be humbugged out of them.
JAMES WARD . I live at No. 4, Shepherdess-walk. I have known Yarroll nine months—I have frequently driven the fowls out of my premises, and also once out of my own water-closet—that was the very morning the prisoners were committed, about ten minutes or a quarter to seven o'clock—my next door neighbour's wife saw it, I believe, and Spencer—the prisoner has borne an honest character.
RICHARD SPENCER . I live next door to Yarroll. I have seen the prosecutor's fowls frequently in my yard, and have driven them from it several times—I dare say fifty times within the two years and a half I have lived there—Yarroll bore an honest character—I have frequently been in company with him.
Prisoner Yarroll. I never went off the premises—if I had a bag under my arm, it must have been found, which it was not—the handkerchief was brought to the station-house full an hour after I was—the policeman said, 'I have found a handkerchief;" and he told the Magistrate it was knocked out of Cockett's hat by a line which crosses my father's garden; and the next time he stated that he picked it up in the struggle.
(Thomas Paul, scale-beam-maker, Shepherdess-walk; and George buck
No. 5, Shepherdess-walk, deposed to the prisoner Yarroir's good character.)
COCKETT— GUILTY .— DEATH . Aged 20.
YARROLL— GUILTY .— DEATH . Aged 18.
Before Mr. Justice Park.
698. EDITH TAYLOR alias Rugg , was indicted for burglariously breaking and entering the dwelling-house of Rulove Hill, about the hour of eight in the night of the 12th of February, at St. Dunstan, Stebonheath, alias Stepney, with intent to steal, and stealing therein, 37 sovereigns, I half-sovereign, 6 shillings, 3 sixpences, and 4 pence in copper money, the monies of the said Rulove Hill: and JOHN TAYLOR and SARAH MARIA HILL for feloniously receiving the said monies, well knowing them to have been stolen.—2nd COUNT, for feloniously receiving of a certain evil disposed person.
RULOCK HILL . (This witness being deaf, and scarcely able to articulate, hit evidence was communicated by his sister.) I live at No. 51, Brook-street, and sell wood. On a Sunday evening in February, I went out to chapel at a quarter to six o'clock—it was then dark—I left all my money in the house—there were 37 sovereigns and a half—I left my watch on the top of the table—the sovereigns were all in a box, which was locked, told I had the key in my pocket—I locked the room door when I went out—when I came back the box was broken open—the door and all the locks—nobody lives with me, I live in a room by myself.
SOPHIA HILL . My brother is only a lodger in the house—the landlord Does not live in the house—there are various people lodging there—they all have separate apartments—I believe the house is in the parish of Ratcliff.
Prisoner, Edith Taylor. The witness Spriggs has been transported.
CHARLOTTE SPRIGGS . I have been transported, but I did not leave the country—my sentence was mitigated to six months imprisonment—I am single, and live at No. 2, Cumbers-court, Stepney Causeway—I have known the prisoner Edith Rugg, between eight and nine years—the house in which the prosecutor lives is let out by Mr. Gilpin—he does not live on the premises himself—Edith Rugg had the management of the house, and the letting out of the different tenements—there is an outer door to the house, which is generally open for the lodgers—I live about three minutes' walk from the house. On Sunday, the 12th of February, the prisoner Rugg came to me about four o'clock, and asked if I would lend her the key of my room to open her door, as her husband was out, and had got her key—I was going out at the time, and told her I should be home in a few moments, and that I would then lend it to her—she said she did not want it till six o'clock—she had the key at six o'clock, and took it away—she was gone about ten or twelve minutes—I do not suppose more—she then brought it back, and asked me if I would walk to the top of Cumbers-court, and go to the Lamb, which is a wine-vaults—I went, and she gave me a small glass of brandy, and she had a glass of gin—she changed a sovereign to pay for it, and tied the change up in a handkerchief, and told me to keep it till to-morrow—she said it was Mr. Gilpin's money—about half an hour afterwards she brought me 3s. more, and asked me to take care of it for her—she called on me next morning, and got the 3s. from me, and said if I wanted a few shillings to make use of it out of the other money, and to keep it till she called for it—on the following day (Tuesday) I
went to see her, and told her I had heard her husband (the male prisoner) had been to Brown's wine-vaults, throwing money about—he and her live together—I said I heard he was throwing two sovereigns and some silver about—she said, "For God's sake hold your tongue, or else we shall be all sold like a bullock at Smithfield," and if I would hold my tongue she would give me 1l., or 4l. or 5l., if I wanted it—I gave the key I lent her to the officer—the prisoners were all taken up on the Tuesday evening.
MARY HART . My husband keeps the Lamb public-house. On Sunday the 12th of February, between half-past seven and nine o'clock in the evening, the prisoner Rugg and the witness Spriggs came to our house together—one had a small glass of brandy, what the other had I do not know—each had something, and it was paid for by a sovereign—I do not remember which gave it me—I laid the change down on the counter.
GEORGE MURRAY . I am a policeman. On Tuesday, the 14th of February, I heard of a robbery, and went after Mrs. Rugg and Taylor, who live in a kitchen at No. 51, Brook-street, where the prosecutor lives—the house is let out in tenements, and is in the parish of St. Dunstan, Stepney—I found out the room where the prosecutor lives—the lock of the door was perfectly correct, but the staple was drawn from the door-post—I applied to Spriggs for the key of her door, and applied it to the lock of the prosecutor's door, and it opened it—no violence had been used to the lock—I produce the key in exactly the same state it was in when she gave it to me—I found a box in the room—the nails had been wrenched out of the hasp with violence—on the Saturday after this I went to Rugg in the call of the Thames police—I made her no promise or threat—I had heard that she had said she would tell me all about it, and I went to her in conesquence—(Mrs. Hill, the other prisoner, was not present)—she said she herself opened the door, and took the money, and gave it to the prisoner Hill, who is the prosecutor's mother-in-law—she said she gave the gold to Mrs. Hill, and that Hill held the caudle the while—I found only 3s. On Hill when she was taken up.
ROBERT SIMMONDS . I am thirteen years old—I live with my mother, who keeps a broker's shop. I know the male prisoner—he lives at No. 51, Brook-street—he came to our shop the day after the robbery, between eight and nine o'clock in the morning, and asked for my mother—I said she was not up—he pulled out some money, and counted out seven sorereigns, and told me to take them up to my mother to take care of them for him—I saw them, but did not take them from him, not choosing to leave him in the shop alone, and he went away with the money—I am quite sure it was gold.
JAMES PHILLIPS . I am thirteen years old—I live in James-place, Ratcliff, with my father and mother. On a Monday, about half-past three o'clock, I saw the male prisoner at Mr. Brown's, at the corner of Stepney Causeway—I had not heard of the robbery at that time—he was rather tipsy—he was drinking there—I saw him showing some money—I saw two sovereigns.
STEPHEN BROWN . I keep the public-house. I saw the male prisoner at my house on the Monday or Tuesday after the 12th of February—he gave my wife a sovereign in my presence, and I kept 2s. for what he owed me, and gave him the change myself.
ANN WILSON . I live at No. 51, Brook-street, on the floor below the prosecutor; he lives in the back attic—the prisoners, Rugg and Taylor, live in the house as man and wife—the man had been out of work considerable
time when the robbery was committed—to the best of my knowledge he had been out of work five or six weeks, being ill—he is a mender of shoes—on the day of the robbery Rugg came to me after dinner, between two and three o'clock, to borrow two pence—I believe she wanted it for some subsistence for her husband—I know he has received money from the parish—he has told me so himself—I gave her the two pence—I did not lend it to her—I frequently assisted them in a small way during the time he was ill.
GEOROE MURRAY re-examined. Q. Did you say any thing to John Taylor about dropping any money at Brown's? A. Yes, when I searched him and found only four shillings on him, I said, "What has become of the two sovereigns?" meaning what I had heard of from the boy—he said they were his landlord's.
WILLIAM GILPIN . I am the landlord of this house. I let Taylor and Rugg live in it rent free, as Taylor was of service to me, being an ingenious man—they lived in the kitchen—they are poor—he never accounted to me for two sovereigns from my tenants.
Edith Taylor's Defence. On Sunday, about a quarter past six o'clock, Mrs. Hill, the prisoner, came down to me, and asked me whether I would come up stairs, as the prosecutor was gone to chapel; and would I come of and assist her—my old man said, "For God's sake, Do not"—I went out, and got two pennyworth of coals; and then she came down, and said, "I am all right; pray come up, and hold me a candle"—which I did—the staple was drawn, and the door open—I took the candle into the room, and on the table there was a watch and some silver, but what I do not know—she said, "I will not be satisfied with this, I will have more, as I know he has got more"—she put her hand on the box—she came down stairs and brought the candle, and put it on the table, to give her husband when he came in—she beckoned me out, and I went with her to Brown's tide door—we had a quartern of gin—she went to pay a shilling, but instead of a shilling it was a sovereign—she asked me, in the morning, whether I would take the key up—next morning she came down, and knocked at our door—the old man got up, but I went to sleep, and do not know what passed—when I got up he was out—in the course of the morning Mrs. Hill was in ray room, quite angry because he was out drinking—in the evening he came home, and she took turn out into the passage—on the Tuesday morning she came down, and asked me to bring that bag along, but not to go the road she did—I looked into the bag, and there were twelve sovereigns—I gave them to her, and she said, "Now I will go, and they may take me up, for they shall never find it."
John Taylor's Defence. I have heard several times from Mrs. Hill that she would open the door, and get the money out which the prosecutor had—we had heard he had money, and she intended to leave her husband—I did not hear any thing of it; but in the course of the Friday before (I am in he habit of fitting different keys to locks) she brought down a small key—was doing a padlock for a person—she said she had a key that would fit it—I had the key nearly finished for the padlock—I hung it on a nail when finished, and there it remained—I never looked to see if the key was gone out of it till I saw it in the possession of Murray.
(Gilpin and Brown, the witnesses, and Maria Spin love, deposed to john Taylor's good character.)
EDITH TAYLOR— GUILTY .— DEATH. Aged 42.
TAYLOR— GUILTY . Aged 69.— Transported for Fourteen Years.
MARIA HILL— NOT GUILTY .
LONDON AND MIDDLESEX LARCENIES.
OLD COURT.—Monday, February 27th, 1837.
First Jury before Mr. Recorder,
NOT GUILTY .
MESSRS. PHILLIPS and BALLANTINE conducted the Prosecution.
WILLIAM FRANCIS SMITH . On the 9th of September I was employed in St. Katharine's Dock, in the vaults A and B. The prisoner came that day in company with another man, and presented this sampling order to me—it is signed William Hanson—it refers to wine in my possession, belonging to Mr. Archer—I looked at the order and referred to a book in the office, to satisfy myself that it referred to that wine—I then signed the order and gave it to the prisoner—I saw him afterwards, and gave him a pass for twelve samples of wine—I did not see him go out—this is the pass I gave him—it is an order for tasting wine.
Cross-examined by MR. DOANE. Q. Had the duty been paid on the wine? A. No; it was transferred from the former proprietor to Mr. Archer, I believe.
SAMUEL KERSHAW . I am a permanent cooper in St. Katharine's Dock On the 9th of September, the prisoner came with another—he presented me this sampling order, in consequence of which I drew twelve samples of wine—I suppose each sample was something less than a pint—the other man brought them up in a basket on to the quay, and took them out of the docks—(order read).
DAVID HUNTER . I am a cooper in the St. Katharine's dock Company employ, in the vaults A and B. On the 9th of September last I saw the a prisoner walking down the vault with another man, who had a sample box or basket with him—I did not observe that the prisoner had any thing with him—I made a communication of this.
Cross-examined by MR. JONES. Q. Had the other man the basket? A. Yes, I think he had—the other appeared to be acting as a porter—should say this man was the principal—the other was a perfect stranger to me, but this man I knew.
DANIEL JOHN MEALEY (City police-sergeant, No. 6). I apprehended the prisoner on the 21st of January, about half-past eleven o'clock in the morning, and found a parcel of papers on him—I asked him where he got the order signed "W. Hanson"—he said, "At the Black Boy, Nicholas-lane"—he said that he thought Hanson was an attorney—I asked where he lived; or where his office or counting-house was—he said he did not know that he had one—shortly after he said that his father he understood lived at No. 9, Bouverie-street—he said he did not know where Hanson lived.
Cross-examined. Q. Did you go to Bouverie-street? A. I did not, nor made any inquiries whether Mr. Hanson's father lived there.
Docks whatever—this is not my signature—I have known the prisoner about five years—he has been in the wine trade.
Cross-examined. Q. Did you ever use the name of William Henson only? A. Never—to the best of my knowledge I never signed my name so—I may have done so—I have never since I have been of age signed it William Henson—this does not bear the slightest resemblance to my signature—I have met the prisoner at the Black Boy, but not for the last three years and a half—I have not been there since that time—I have been on terms of intimacy with him—I was never in the habit of dealing in orders of this description—I am an attorney now—I have been off the roll—I neglected taking my certificate for two years—my chambers are in Chancery-lane, which the prisoner well knew—he has been on business there within the last two years as a client, but not as a clerk—he has brought roe two or three cases—the last time he was at my office was somewhere about three or four months ago—I have seen him two or three times at my office—I have been in public-houses with him since September—I am most positive this order is not my writing; nor do I know any thing about it.
JAMES ARCHER . I am a wine-merchant, at No. 13, Rood-lane, in the City. In September last I had several parcels of sherry wine at the St. Katharine's Docks, in bond—I had some in vaults A and B—I do not know the prisoner at all—I never had any communication with him—I never gave him any authority to go to the Docks and taste my samples.
Cross-examined. Q. Were you in the habit of giving tasting or sample orders? A. Yes, both—I never entrust that to my clerks—I never give orders to persons without I know something of them.
MR. PHILLIPS. Q. Look at 25 36 on this order, what does that mean? A. The number of the casks of my wine, and the mark of the ship is here, which corresponds with the mark on my wine.
MR. JONES. Q. Could that have been acquired from any place but your books? A. No place—they have at the Docks the corresponding description of them, but they do not know to whom the wine belongs—they would see by their books that this description of wine was there in my name—my name does not appear on this order, but the warrant numbers are inserted.
W. F. SMITH re-examined. I had the means of ascertaining in whose name the wine was standing—if the warrant numbers are on the order, we conclude they have been obtained from the parties that it belongs to.
JAMES ARCHER re-examined. I had given orders to other persons—those orders are returned by the dock Company—they might have referred to their books—if I gave an order to a person he might take a copy of it.
MR. JONES. Q. In the orders you gave to other parties did you sign our own name? A. Yes—it is impossible for me to recollect when I first gave an order—it was before September—I should not think I have given twenty—I may have given ten or twelve.
MR. JONES. Q. Did you know that this wine belonged to Mr. Archer? A. I suspected it did—if the wines are transferred without warrants we know to whom they belong, but if by warrants we do not—the prisoner might have wine there without my knowing it.
COURT. Q. When warrants are issued, they express the name of the person
in whose name the wine is standing? A. Yes—when an order comes in a different name we do not require any document to show in whose possession it is—that was the plan, but it was found so inconvenient that they petitioned to have it done on the warrant number only.
(The prisoner received a good character.)
GUILTY. Aged 54.—Recommended to mercy. — Confined Six Month.
OLD COURT.—Tuesday, February 28th, 1837.
Second Jury, before Mr. Recorder.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
EDWARD HONEYWOOD, ESQ . I am one of the younger sons of the late Sir John Honeywood, and am an ensign in the 88th regiment of foot. I was twenty-three years of age this month—in May last my attention was attracted by an advertisement in the public papers, offering to lend money on good security—it referred to Mr. Savage, solicitor, No. 38, Haymarket—I wrote to that address in consequence of seeing that advertisement—I was at that time desirous of borrowing 200l.—I received an answer to the letter I wrote, the next day—I was at my mother's, in Portland-place, at the time I wrote the letter—I directed it to Mr. Savage—(letter product by the prisoner's Counsel)—this is the letter I sent—it is in the same state as I sent it—(read)—"57, Portland-place, Sunday, May 15th. Sir, On reading your advertisement in the paper, I take the liberty of writing to ask you to oblige me with an interview at your house tomorrow morning, at eleven o'clock, if convenient to you. I hope you will excuse my waiting on You on that day, and to save trouble, if I do not hear from you to the contrary, I shall take the liberty of calling on you at eleven tomorrow EDWARD HONEYWOOD. "
MR. HONEYWOOD re-examined. I received an answer to that letter next day—I have destroyed it—the effect of it was, asking me to call on him about eleven o'clock—it was signed "James Hance."
MR. PHILLIPS. Q. How did you destroy it? A. I tore it up—I remember doing so.
COURT. Q. The letter was in a different name to what you wrote to, but giving you the interview yourequested? A. Yes.
MR. BODKIN. Q. Did you, in consequence of that letter, go to Leicester place? A. I did—I do not exactly recollect the day—it was about the 19th of May—the date of the last letter was the 15th—I went to Leicester-place the day after receiving the note—I wrote on Sunday, and received the answer on Tuesday morning, and went the same day (Tuesday)—when I went there I saw the prisoner—he asked my name—I told him "Mr. Honeywood"—he asked what I wanted—I told him I required a loan of money—he asked how much—I said 200l.—I told him who my connexions were—after some conversation as to what security I could give I told him I had 3000l. left me by my father; and after some conversation, he said he would advance me 100l.—he then said I was to give him an acceptance on a stamp, to enable him to get the money—he produced a stamp, and I accepted it—I wrote on it, "Accepted, payable at Cox and Greenwood's," and signed it—I had told him that I was in the 88th regiment—he asked who the agent was—I told him, and he told me to make it
payable there—after accepting the bill, he told me he might have occasion to apply to two parties for the money, and I must accept another—he handed me another stamp, and told me to accept it in the same terms as the first, and I did so—I did not take any notice of the amount of the stamps, or any thing of that kind—he afterwards gave me a draft for £100 on Drummonds, which draft was honoured.
Q. Did you in the course of that interview, authorise him to use either of those acceptances for any sum exceeding in the whole 200l.? A. No—nothing was said about interest, or the terms of advancing the money—nothing was said as to the amount for which the two acceptances were to be drawn, only for the amount I had asked him for, 200l.—he said he should draw them for the amount I asked him for, 200l.—when I signed the first acceptance he said that was to be for 200l.; and after that, he suggested that he might not get it from one party, and might have to try another—nothing was said about the remuneration he expected, or was to have, for his interference—a few days after this I received a note from him, which I destroyed—I was still stopping at my mother's, in Portland-place—this was an affair that I wished kept secret—I did not wish any body to see the notes, and therefore destroyed them—the purport of that note was a request that I would call upon him—I did so, in Leicester-place, and saw him—he then said his servant had burnt or lost one of the acceptances I had given him, and begged me to give him another—he produced a blank stamp, and I wrote an acceptance upon it, as I had done before on the others—I id not notice the amount of that stamp—there was an interval of two or three days between my giving the two first acceptances, and the third—I id not get my other 100l., and have not had it to this moment—I called frequently at the same place, and saw the prisoner, and asked him if he ad got the rest of the money for me—I mentioned that I came for £100—the answer generally was, that he had not seen the parties lately, and he had not got the money—that continued till I left town, which was about the 10th or 11th of September—I was obliged to join my regiment at portsmouth—while at Portsmouth I received another letter from the prisoner, which I have destroyed—I remember destroying it at the time I received it—he wrote to me to say my bill had become due, and if I wished renew it, I was to send up a 12s. 6d. stamp, accepted the same as before they had all been all alike—I got a 12s. 6d. stamp, wrote an acceptance it as I had before, and forwarded it by the post to the prisoner, James Hance, at Leicester-place—I have since seen that last acceptance in blank, Bollard the officer's possession—I never authorised the prisoner to make any bill or bills which together would form a larger sum than £200, neither verbally nor in writing—I never authorised him to make a bill for £100, nor for £1000—such sums were never named between us—matters rested as I have stated till I received this letter, dated 28th October—(looking at one.)
"To Edward Honeywood Esq. 88th Regiment, Winchester, or where; redirected to Portsmouth—Sir, I beg respectfully to call You are attention to the circumstance of two bills of Exchange accepted by itself, remaining in my hands over due; expecting the favour of your immediate reply—I have the honour to be Sir, your obedient servant.
MR. HONEYWOOD. I did not know any such person as Gardiner before
I received that letter—I sent an answer to the writer of it, a copy of which is on the fly sheet of the letter—I sent it to the address of the party writing to me—and after that I received this letter from Mr. Hance (read.)
"No. 3, Leicester-place, November 11th, 1836—Dear sir, The gentle man who holds your bills, and his solicitor, have called on me to day with You are letter in which you have denied your handwriting—I have in justice to myself been compelled to show them the whole of your correspondent with me—with which yours of the 6th instant, has been compared—it has placed me in so unpleasant a situation, that I am compelled to decline any further interference, but must beg you will without hesitation remote the impression your letter is calculated to make—I remain, Dear Sir, yours, &c.
Q. Had you written any other letter on the subject of bills, except that in answer to Gardiner's letter? A. had not, it could refer to no other transaction—I had not accepted any bill besides the four I have mentioned, before I received Gardiner's letter—I had accepted one a long time before that for 25l.—those were the only bills I ever accepted in my life—after that I received an application from a gentleman named Simpson by letter, and desired Mr. Keily, a friend of mine in town, to go to Mr. Hance—I authorized him to take this letter to Mr. Hance (read.)
"Marine Barracks, Portsmouth, December 17th, 1836—Sir, This letter will be handed to you by Mr. Keily, who will pay you the 100l., I received from you, and also has my authority for paying you any compensation that appears fair to him for the period which the loan has existed—and on his so doing, I shall feel obliged by your handing to him my acceptance for the 100l., forwarded to you from Portsmouth—and also the cancelled bill, to the payment of which you were directed to apply such acceptance—I remain yours, EDWARD HONEYWOOD; to Mr. James Hance No. 3, Leicester-place."
MR. HONEYWOOD. This letter (looking at another) was addressed by me to Mr. Hance, and forwarded to him—it was produced by Mr. Hance before the Magistrate at Bow-street, and was directed to be impounded and produced here to day.
Q. There are some figures in it, the amount of the bill is mentioned twice—the sum now stands 200l. in each instance—was it so when you sent it? A. It was not—it was originally 100l. and has been altered to 200l. in both places—I am quite sure of that—(letter read.)
"To Mr. Hance, November 12th. Dear Sir, I received your letter this morning, and beg leave to beg pardon for making the mistake—for I was not aware of Mr. Gardiner having my bills, as I did not know you had handed them to him, or to any body else—for I renewed my bill a short time ago with you—I therefore supposed you had the bill still in your possession—I hope this explanation will remove every impression my first letter has caused—and beg leave to state it is my real intention to pay You the 200l. on the 1st of January, as my brother gives me my 3000l. At the latter end of December—hoping you will favour me with an answer as I had no intention of denying the bill of 200l. you had of mine—Believe me still, &c, EDWARD HONEYWOOD."
Cross-examined by MR. PHILLIPS. Q. When was it Mr. Hance gave You the cheque for 100l., was it at your first interview? A. At my first—to the best of my recollection it was—I do not recollect the day or date—he gave me the 100l. without entering into any terms—I never saw him before in my life—Mr. Keily is a friend of mine—I have known him
more than twelve months—I have been living at hit house for the last three weeks or a month—he lives at No. 6, Cleveland-row, St. James's—he is a merchant and a money-lender also—he is a wine merchant I believe—it was at Portsmouth I bought the 12s. 6d., stamp—Captain Suter of the Dock-Guards I believe walked down with me when I bought it—he did not go into the shop with me—after I came out, he said it must be a large amount I was going to draw for—I do not recollect his saying "I say Ned, you are going it strong?"—he did not use that phrase—he did not say the stamp would cover 1000l.—I have never told to any body that he did say so, neither Mr. Simpson nor Mr. Keily—I made no answer when he said it was for a large amount, for we were out of the guard, and were making our way back—Lady Honey wood was not at Portsmouth—I told Mr. Hance that I wanted the 200l. for the purpose of purchasing the chance of a step from an Ensign to a Lieutenant, as the regiment was coming home—I did not want more than 200l.
Q. While these acceptances of yours were out, did you seek to negociate a loan with any body else? A. I did—with Mr. Keily—I appointed Mr. Keily to raise me 1000l. and pay an annuity on it—some time afterwards, just before closing it, he acquainted me that the money was raising through Mr. Day the blacking manufacturer—I was to have the 3000l. last December—this transaction of raising the annuity was in August or September—this letter is my handwriting (looking at it.)
COURT. Q. Did it not occur to you that you could have got such a loan as you wanted, at any respectable banker's, (You being certain of receiving 3000l.,) at the banker of your family, or any where else? A. It did not strike me at the time.
MR. BODKIN. Q. Were you to receive the 3000l. absolutely, or did it depend on certain contingencies? A. It depended on contingency.
PHILLIPS. Q. What contingency was it; did not you go to Doctors' Commons to read your father's will? A. No—nor any other document here—I never told Mr. Hance that I did, to my recollection, by letter or otherwise—I never went there—I said, I had been left 3000l. by my father—I thought I had a right to it—I had always been told I had been left it by my father's will, and I told Mr. Hance so—I have not said I did not.
MR. BODKIN. Q. you have spoken of a step in the army you wore desirous of purchasing, are you aware of what that would coat? A. Not exactly—as the regiment was coming home, I thought there would be a romotion—I was not at all aware of the amount it would require—I received the money at Drummond's on the same day as I received the cheque from the prisoner.
COURT. Q. You say you were desirous of raising 1000l. by entering into a small annuity; was that the 1000l. which relates to the 1000l. bill? A. No.
JOSEPH HEARLE . I am a clerk in the banking-house of Drummond and Co.—Mr. Hance kept an account at our bank in May last—I produce cheque for £100, dated the 20th of May—I paid it myself on the 20th—I have examined our books, and no other cheque of that sum was paid his order (cheque read.)
FREDERICK DUFAUR re-examined. I am an attorney. I was acquainted with the late Mr. Charles Day, of the firm of Day and Martin, and was professionally concerned in various matters for him—I was employed by him to lay out his money—one of the modes of laying it out was by discount—I have kuown Gardiner since the latter part of the year 1829—
I first became acquainted with him at that time—in the course of that year he was in the King's Bench prison—I have known the defendant Hance about nine or ten months, perhaps rather more—I cannot say whether Gardiner was in the King's Bench in 1830—I do not think I saw him there in 1830—I might have done so, but I cannot say positively whether I did or not—I have seen this bill of £1000 before (looking at it)—John Gardiner purports to be the drawer of it—I know the handwriting of Gardiner, who was in the King's Bench in 1829—this is his writ and also the body of the bill and the indorsement—I think I first saw this bill about the time it bears date, the 25th of August—I do not know Fallow Lodge, Finchley—I was never there—I know that Gardiner lived there—the bill was in Gardiner's hands when I first saw it—I had received two other bills of exchange from him, purporting to be accepted by the prosecutor, before I received this—they were both returned to Gardiner.
WILLIAM BALLARD . I am an officer of Bow-street. I held a warrant for the apprehension of Gardiner—I do not exactly recollect the date of it—I have made diligent search for Gardiner, both day and night, at Fallow Lodge, Finchley, as well as else where—I found a family residing in the house, in the name of Gardiner, but could not ascertain where he was—I have searched at other places, and offered rewards for his apprehension.
CHARLES ALLPORT . I am clerk to Mr. Humphreys, solicitor to the prosecutor. I served a copy of this notice at Fallow Lodge, Finchley, on the 1st of February, on a person representing herself as Gardiner's daughter—(The notice being read was, to produce three stamped pieces of paper, bearing the name of Edward Honeywood, and also certain letters written by him.)
FREDERICK DUFAUR re-examined. The other two bills were indorsed by Gardiner—I keep a bill-book—I have a memorandum from it here—no bills were produced to me with Gardiner's name as drawer—it was about the 25th of August that I first saw the £1000 bill in Gardiner's hands; and before that time I had two other bills in my hands, presented to me by Gardiner—I advanced him money on the two bills—I have got the cheque I paid to him for them—they came back to me from the bankers' in due course, as being paid—I had discounted the two bills for Gardiner—the first cheque is dated 19th May, 1836, for £500, drawn payable to Honey wood, Esq. or bearer, on Messrs. Hoare—previous to my giving that cheque, Gardiner stated that Mr. Honey wood was entitled to a legacy of 3000l., under the will of Sir John Honey wood; that he was likewise entitled, under his mother's marriage settlement, I think, to 30,000l., and other expectations—it was partly on the faith of these representations that I advanced the money—he did not say who he got the bill from, or how he be came possessed of it, or any thing about it; after giving him the cheque I received 60l. by way of discount—I discounted it with Mr. Day's money—I advanced him other money by way of discount on the 1st of January—I paid him with this cheque for £500 (looking at it)—it was paid into his banker's—I did not advance it to him personally—either myself or clerk paid it in—it has been paid—I crossed it as payable to Sir C. Scott and Co., to Mr. Gardiner's account—I knew he kept cash there—that cheque came to me in due course of time as paid—I received 60l. from Gardiner as discount on that also (cheque read)—on the 25th of August I received this £1000 bill from from Gardiner—I cannot say how long I held the other two in my possession before I handed them over to Mr. Day—I afterwards had them in my possession again, and delivered them to Gardiner a very short time after they became due and were paid—they were paid by Gardiner on becoming
due, on the 19th of August—a cheque was sent me for the amount on the 18th—the other was due on the 23rd—I think that was paid on the 23rd—neither of them were presented to Mr. Honey-wood for payment that I know of—I returned them in due course to Gardiner—the bill for £1000 not being paid, of course Mr. Day's estate is out of pocket—on the 25th Gardiner brought me the £1000 bill—he had previously said, on the punctual payment of the former bills, that he should require further accommodation for Mr. Honeywood, and he brought me this bill—the body and drawing of it is in his handwriting, and it is indorsed by him—it is all his except the acceptance—there is the date in red ink when it becomes due—I gave him two cheques for 1000l. together for that, one for £750, dated the 26th of August, 1836, on Hoares, payable to Mr. Honeywood or bearer, and crossed "London and Westminster Bank"—there was no direction given to fill up the cheque in Mr. Honeywood's name—I paid the 750l. into the London and Westminster Bank, to Mr. Oardiner's account—it was my own act drawing them in the name of Honeywood—the other cheque is for £250, on Hoares, drawn in favour of Gardiner, dated 31st August, and crossed to Scott and Co.—Gardiner kept an account at both those places—he called on me for the 250l., and I think I gave that cheque to him myself—I did not write "Sir C. Scott" across it—I do not know whose writing that is, nor "London and Westminster Bank"—it is not mine—I paid it in at the London and Westminster Bank myself—it had not that on it then—I do not know how those words got there, nor by whom they were written—they must have been added since I paid it in—after giving the cheque I took 120l. for discounting the bill; I handed the £1000 bill over to Mr. Day's daughter, Mrs. Claggett—the discount I accounted for to Mr. Day—he died on the 26th of October, 1836—I accounted to him for the discount in each instance.
Q. Have you ever seen Hance and Gardiner together? Yes. I have—Mr. Hance has an office in Leicester-place—I did not know him as residing at No. 77, York-road, Waterloo-bridge—this is not my handwriting, it is the handwriting of one of my clerks, it was written by my authority—the prisoner is the Mr. Hance alluded to in this notice—in February last year I was concerned as attorney for Gardiner, and my clerk gave this notice of bail—it was done in my office.
MR. PHILLIPS. Q. Do you know any thing of it personally—did you ever see it before? A. It was done with my authority—I never read it before—it was left to my clerk.
MR. CLARKSON. Q. Have you seen Hance and Gardiner together in Gardiner's office? A. Yes, and in other places.
COURT. Q. Do you happen to know whether they were acquainted? A. I believe they were—I have seen them together as persons acquainted—I seen them together since this transaction.
Cross-examined by MR. JONES. Q. Did you act as Mr. Day's solicitor in raising 1000l. on an annuity? A. I did, there was a larger sum advanced—there were four parties—the money was advanced about the 8th of September 1836—at that time I held the prosecutor's acceptance for 1000l.—I advanced 3900l. to Mr. Honeywood and others—I cannot tell what was his proportion—Mr. Keily was the agent, and was the party who introduced the transaction to me, on the part of Mr. Honeywood and the other parties.
MR. CLARKSON. Q. Had the 1000l., or the proportion of it which Mr. Honeywood was entitled to, any thing whatever to do with the money advanced
on the bills? A. Nothing whatever—Mr. Day's estate advanced the money by way of annuity—it was quite distinct from the money advanced on the bills.
RICHARD KEILY . I live in Cleveland-row, and am a money lender. I Do not exactly follow any business besides that—I deal as a merchant certainly, and deal in wine—I am an Irish merchant in one point of view—I am in the habit of shipping a great deal of provisions from Ireland to this market—I am acquainted with Mr. Honeywood—I took this letter by his desire to Mr. Hance, I think on the 19th of December, to Leicester-place—I found Hance there, and delivered him the letter—I presume he read it—as near as I can recollect I said, "With respect to this bill I consider it a forgery Mr. Hance"—(the letter referred to the 1000l. bill)—I said, "At all events, as Mr. Honeywood only got 100l. I was ready to pay it, and make him fair compensation for it"—he made some general remark, saying, "Oh, it is all nonsense; Mr. Honeywood had better come to town and settle it with me, and call on me, we shall have no difference about it, and can settle it in some way"—I asked repeatedly what Mr. Honeywood got for the bill, but he lways endeavoured to avoid the question—I said I was satisfied Mr. Honeywood never accepted a bill for £1000, and the 100l. I was ready to pay—he would give me no answer at all, but spoke generally—he said, I know such was all nonsense, alluding to Mr. Honeywood only taking 100l. on a £1000 bill—he did not state that he had advanced him more than 100l.—I distinctly asked him that question—I saw him twice—I asked him, "Has Mr. Honeywood got more than 100l.?" but he would not give me any direct answer to that—I did not ask him to let me see any documents—I asked him the date of the letter which enclosed the blank stamp from Portsmouth—I asked him the date of it—I cannot say whether it was he or his clerk said, those letters were in the possession of Mr. Gardiner, who had taken them to Mr. Dufaur—the clerk was present every time I called—I remarked that I understood there was 100l. is figures written on the bill—the clerk remarked that he had opened the letter himself, and there was no such thing.
Q. Was Mr. Hance there? A. He came subsequently—I waited till he came, and he could not show me the letters, because they had gone to Gardiner's—either he, or the clerk said so, in his presence—that they were in Gardiner's hands, who had taken them to his solicitor, Mr. Dufaur—Hance said it made no difference—he pulled out some memorandum-book or diary, and referred to it, and said, "It was on such a date.'
Cross-examined by MR. PHILLIPS. Q. Did you say before the Magistrate that you distinctly remembered asking him whether he had given Mr. Honeywood more than 100l. A. I did—I swear that—I have known Mr. Honeywood about a year and a half, I believe—I have been in partnership with my father, but am not so now—this signature to this deposition is my writing—I have been intimate with Mr. Honeywood—at the time he was in town, he was stopping at my house, for about a fortnight or three weeks—I am what I have represented myself, a merchant, and lend money—I do not advertise to lend money—I never did in my life—I was unfortunate in business four or five years ago—I have been a member of the Stock Exchange—I am not so now—my name was not posted in the Stock Exchange, to my knowledge—I ceased to be a member, according to their law, on being in the Gazette—I paid every body in full whom I thought justly entitled to it—I believe debts have been proved which were
not paid in full—my estate paid no dividend, and I told you before that those who were entitled to any thing I paid myself—I have been a bill discounter I should think two or three or four years—subsequent to my failure—I knew the late Earl of—, and his father the Marquis of—at least I have had some correspondence with him—I have not been charged by that family with getting money from the Earl of—I swear that, nor by lord—he has not commenced any proceedings against me—the prosecutor has employed me to raise money for him and others—I raised 4000l., which was to be equally divided—his share would have been 1000l.—I negociated that loan with Mr. Dufaur, Mr. Day's attorney and agent—I had not at that time the most distant idea that Mr. Honey wood's acceptance for £1000 was in Mr. Dufaur's possession—Mr. Dufaur never told me of it—I mentioned Mr. Honeywood's name to Mr. Dufaur—that he was the son of the late Sir John Honey wood, and that he was in the army—his Christian name was also mentioned, but Mr. Fufaur never mentioned a word about his having his acceptance for 1000l.—I had attempted to negotiate a loan for Mr. Honey wood before, through Mr. Bolton, perhaps two or three months previous—it was between him and another—I think it was 2000l. or 2500l.—it was at least 1000l. a piece—there were bill transactions between Mr. Honeywood and myself, to the extent of about 20l., 30l., or 40l., but never up to 100l. before—I drew on him for a small balance which he owed me—I cannot exactly tell how much—it was under 100l.—I should say 60l. or 70l.—it was money that I had lent him previous to his receiving the annuity, I should think, but I cannot tell exactly the date—it was, I suppose, July or August—it has been repaid—it was a bill accepted by Mr. Honey-wood, and drawn by me—I stated before, that it may have amounted to 50l. or 60l., but I am certain it did not exceed 70l.—if I could refer to my bill book I could tell—that is the only bill I drew on Mr. Honeywood—there might be one for 20 or 30l., or something of that kind—I drew a smaller one than that about one or two months before the July bill—I did draw two bills on him, but never had more than one on him at a time—he accetpted both bills for me—he accepted any bill I asked him—any bill I had to draw on him for a balance—I do not think I asked him to accept more than two—he might—I cannot swear he has not accepted a third, as I do not recollect it—I frequently lend money to parties—I cannot swear that he accepted four bills of my drawing—I cannot swear more than I have—I have worn already that I do not think he accepted more than two bills for me altogether—I am certain he did not accept five—I will swear that certainly—never have advertised at all that I had money to lend—I have received notes from parties who advertised—I authorised a person named wilson to advertise that he (Wilson) had money to lend—application was to be made to him—I paid for the advertisement—I certainly forgot that at the moment—I authorised a person named Brown to advertise—he is a relation mine, and lives at No. 8, Great St. Helens, in the City—I paid for the advertisement, and advanced the money.
Q. How soon after your bankruptcy was it that you "began to lend money? A. About a year and a half or two years—I cannot recollect any other name—if you will tell me any I will say—I do not know a person named Blake, a hosier in Piccadilly—no such person—I know Franks, pastry-cook—I never authorised him to advertise—the references to Mr. wilson were received there—the applications to Wilson were directed to be made at Franks's—I do not know where Wilson lived at the time I directed him to advertise for me—he was decidedly a man of straw—the advertise—
ment did not state that he had money to lend, but merely that application was to be made to him—If I had known as much then as I do now I should probably have advertised in my own name—any note directed to Wilson that was worth while answering I answered—Brown answered his himself—I cannot recollect whether I answered any of them or not—I should think this was two years ago—Brown showed me the letters, and I authorised him to answer them—he is a solicitor—I believe I negociated one money transaction in consequence of Brown's advertisement—on my word I do not recollect whether I paid money or not—that one was 500l.—I got the money to pay it—it was paid by Mr. Lewis, St. Jame's. street—I never had a transaction with the Earl of—in my life—I have with his brother—and he owes me money at the present moment—it was my own money.
MR. CLARK SON . Q. you have said that to the best of your recollection Mr. Honey wood never accepted more than two bills for you—can you under-take to say he ever accepted more than one? A. I cannot positively swear, but I think he accepted two.
WILLIAM NICHOLSON . I have come from the Crown Office—I produce a recognizance of bail on an indictment—against Gardiner amongst others—Gardiner is described as living at North Hill, High gate, and Hance at living at No. 77, York-road, Waterloo-road—it is dated 18th of February.
CHARLES THOMAS LEWIS . I am clerk in the office of the Clerk of the papers in the King's Bench prison. I have seen the defendant hence some where about the prison two or three years ago—I know a John Gardiner, he was in the King's Bench prison in the year 1828, and remained there till 1834—I cannot say whether there was any other John Gardiner in the prison (referring to his books)—on the 18th of July 1832 there was a James Hence in the prison—he left on the 22nd of July 1833—he did not come back again—there may have been another John Gardiner there at the time, or half a dozen of the same name—this book is only from July 1828, to December 1829—I cannot tell whether there was any other John Gardiner there during that time—I have no means of knowing by this book—I have not looked into the other books to see—I have not had notice to do so—there is no alphabet to the book.
CHARLES ALLPORT . I obtained this copy of a Petition to the Insolvent Debtors' Court, from the proper officer, it is under seal—I brought it from the Insolvent Court—I saw it sealed there by the officer, and signed likewise.
——COLWELL. I am a turnkey of the King's Bench prison, and have been there upwards of twenty years. I know a John Gardiner who was there a great many years. I know the defendant Mr. Hance—he was also there—according to my memory, I should think he must have been there part of the time that Gardiner was—there was no other person of the name of James Hance there besides him to my knowledge—I do not know that there was any other person of the name of Gardiner there—there might be.
Cross-examined by MR. PHILLIPS. Q. you will not undertake to swear positively that Hance was there while Gardiner was there at all? A. I think I might, but I do not know that I should like to do it—I think I could do it very safely—I should not much object to swear it, but I should like the risk, if there is any, to be on the right side—I should not like to be wrong to the prisoner, I had rather go the other way—I will not swear he was there, though I think I might do it very safely—I will swear he was there in 1833, and discharged in 1833, without I am mistaken—this
Is the book in which their names are first entered when they come in to prison—on the 18th of August 1832 here is James Hance entered—the prisoner is that man—on the 22nd of July, 1833, I have got entered in my book "Discharged by the Insolvent Court."
(The petition was here put in and read—it was dated 23rd of March, 1833—it described James Hance as an estate agent and bill broker—stating that he had been arrested on the 28th of April, 1831, committed to the King's Bench on the 15th of August, 1832, that he had been previously discharged under the Insolvent Act, on the 25th of October, 1820; again on the 23rd of July, 1825, and that he was a bankrupt in 1828.)
Cross-examined. Q. I believe he produced the acceptance from his pocket, and handed it to the Magistrate? A. No—he handed it to me—I had not intimated to him that I was about to search him.
MR. CLARKSON. Q. If he had not produced it, You would have taken it from him? A. Certainly.
MR. PHILLIPS. Q. How long before the prisoner was taken did you transmit it? A. It might be two or three months.
WILLIAM HEMMIN . I am a tailor, and live at No. 38, Hay market; no Mr. Savage lives there—the letters which came to my house directed to Mr. Savage, Mr. Hance had—he either called or sent for them—I never saw Mr. Savage, to my knowledge—I worked for Mr. Gardiner—he does not live at No. 38, Haymarket—he either came to my house, or I waited on him or orders at his house, Fallow Lodge—I cannot say whether he and Mr. Hance were intimate—I do not recollect Mr. Gardiner being in difficulties he early part of last year—I have a letter of his Writing in my pocket—he applied to me to become bail for a friend—I do not know from him who hat friend was—I am not aware that any body introduced Mr. Gardiner to me—Mr. Hance did not—I became acquainted with him by hit giving an order—I have seen Gardiner at Mr. Hanee's—I have teen him coming out as I have been going in—I saw Gardiner about the note on the Monday—(note read) "North-hill, Highgate,—Mr. Gardiner undersanding from Mr. Hance'a clerk that Mr. Hemmin was kind enough to say he would be bound in recognizance for the appearance of a friend of Mr. G.'s till next term, Mr. Gardiner undertakes to bear Mr. Hemmin harmless in the matter, and begs he will not fail to be at the Cock Tavern, Temple-bar, to-morrow, at half-past ten o'clock, and in so doing, he will much oblige Mr. G."
(MR. PHILLIPS addressed the Jury on behalf of the Defendant, and the following letter, acknowledged by Mr. Honeywood to be his handwriting, was put in and read.)
"Albion Hotel, Brighton, June the 22nd. Dear Sir,—It was my intention to have written to you before I left town, as I could not see my uncle,—he being out of town on account of ill health. I have since written to my mother concerning the time the 3000l. will be paid me, and I will forward you her answer, which I still hope will enable you to obtain the 500l. for me, as the losing of this promotion will be a great drawback to me in many respects, but I know you will Do You are best for me. After my visit to you the other day, I went to
Doctors' Commons out of curiosity, to see my father's will, a copy of which I will be at the expense of, if any use to you, in helping to get the money for me; for nothing can be plainer; therefore I cannot see the difficulty or objection your party can make; as for going abroad, I never shall again, as it is my mother's wish that I should not; and, besides, the regiment I belong to is now on its way home, and will remain in England for five years, it being an Irish regiment; and the depot is now on its way from Ireland to Portsmouth, to join the regiment; so that cannot be the difficulty which stands in the way. Besides which, I am ready to give my oath that I will repay your party the 500l. as soon as I receive my 3000l. from my brother; and it is his intention to pay it to me at Michaelmas, Hoping to hear from you soon, believe me, my dear Sir, always yours, most sincerely, E. Honey wood, 88th Regiment. Addressed J. Hance, Esq, No. "3, Leicester-place, Leicester-square, London. Post-mark, 1836."
MR. HONEY WOOD re-examined. I have heard this letter read, dated from Brighton—the 500l. referred to in that letter has nothing at all to Do with the bill transaction—a few days before I went to Brighton I called on Mr. Hance, and asked him if he could give me the rest of the 200l., as I was going to Brighton, and wanted money—he said he could not give it me; but if I wanted more money, he could put me in an annuity with other people who would join in an annuity, and that I must take more than the 200l.—he said it might be 500l., but I was not aware whether it would be 500l. or not—the letter refers to the annuity and nothing else—it is quite another transaction—in November, before I went to Portsmouth, Hance said if I could get another person to join me in the annuity besides the perm whom he named, that he could do it for me—that was before I negotiated the annuity with Mr. Keily—I did not succeed in getting the 500l. from him by way of annuity; and, in consequence of not succeeding, I went to Mr. Keily—I did not negociate any bill with Mr. Hance but the 200l.—I have not received more than 100l. from him in any manner.
MR. PHILLIPS. Q. That you are quite certain of? A. Quite—this letter had no reference to any thing but the annuity.
Q. Not the least reference to the exchange of an ensign for a lieutenancy? A. Oh, it was all the same thing—You may give 200l. for the exchange—it depends on the regulations.
Q. Do you mean you could get the exchange for 200l.? A. No; besides (he fees—250l.—it would at least cost that, and it might be a hundred or two more—I have not obtained the step.
COURT. Q. Part of the letter relates to the reading of the will, can you give any explanation of that part of the letter? A. I recollect going there but I did not look at the will—I had not the slightest recollection of the letter at the time I gave evidence, and stated that I had never seen the will—I recollect going there, and it was a very long document—I did not see it, but I was not particularly mentioned in it—Mr. Keily told me that I think—he had seen the will—he told me that before I went—I thought I should like to look at it and went, but did not look at it.
Q. You state in your letter that you had been to Doctors Comnons to see the will, and nothing could be plainer; the natural inference from that is that you had seen it; how came you to write that, if you had not seen it? A. I did not see the will—I took it partly from Mr. Keily'f repre sentation—he told me it was so, and that I had 3000l.—the 3000l. has not been paid to me.
GUILTY . Aged 46.— Confined One Year.
NEW COURT.—Tuesday, February 28th, 1837.
Fifth Jury, before Mr. Common Sergeant.
702. RICHARD WANDSLEY was indicted for stealing, on the 3rd of February, 1 box, value 1s.; 1 neck-chain, value 5s.; 1 watch, value 1l.; 1 cross, value 1s.; 2 rings, value 4s.; 1 brooch, value 10s.; 1 pencil case, value 1s.; 1 printed book, value 1s.; and 1 pocket-book, value 1s.; the goods of Sophia Priscilla Harris, his mistress, in her dwelling-house.
SOPHIA PRISCILLA HARRIS . I live in Royal Opera Arcade, Pall Mall, and keep a bookseller's and circulating library. I am single, and all the property in that house is mine—the prisoner was my errand boy—at half I past nine o'clock on Friday, the 3rd of February, the prisoner came up stairs and said he wanted some butter—I gave him a shilling, and told him not to go just yet—in a few minutes I heard my brother's voice saying, "The door is open—no one is here"—I waited till twelve o'clock—the prisoner did not return, but I had told him on the 2nd, (in consequence of a communication I had from a gentleman,) that he should leave on the following day—I missed all these things in the afternoon—I wanted to know the time; my watch was gone, and all the other things, which are worth 5l. 16s. together—I had seen the watch the night before—the cross was fastened to it—the brooch had been in this box at nine o'clock on the morning of the 2nd, with the other things—they were all locked up—the box was broken open—I had not seen that from nine o'clock the morning before—the watch was not in the box—a gentleman had come in at three o'clock the day before and told me something, and the prisoner asked to go up stairs and dust the room—I said it did not require it; but he ran up—these are my property.
JAMES MORRIS . I am constable of Plurnstead. On the afternoon of the 3rd of February, I saw the prisoner coming over Shooter's-hill, with a hat-box on his shoulder—I said, "What have you got there?"—he said, "An old jacket and shirt"—I opened the box and saw it was so—I asked, "Where are you going?"—he said, "To Gravesend to get a ship"—I said, "What have you got to keep you there?"—he said, "I have got 6d"—I put my hand into his pocket and found this book—I was looking at it and he ran off down the hill—there were some gravel diggers at work—he fell down and plunged his hand into some mud—I found this snuff-box and pencil-case in the mud, and the watch and other things on him.
GUILTY of stealing under the value of 5l. Aged 12.— Confined Three Months.—One Week Solitary.
Cross-examined by MR. DOANE. Q. Are you swearing to these or to the paper in which they are? A. I swear to the marks on the paper—I had seen them the evening before they were lost—I did not give them out—they were going to a customer at Cambridge—when I sell hats I always send them out in that way—I can swear to these hats being in our warehouse the day before, by the name of "Palmer" on them, the person we sold them to.
with two boxes in it which contained hats—I left home with it about seven o'clock on Friday, the 10th of February—somebody came and told me of a box being gone—I then missed one of them.
Cross-examined. Q. you were carrying these in a box? A. I was drawing the truck up a gateway, and I was told my box was out of the truck, and on the ground—it could not have fallen out as it was in the bottom.
RICHARD BAKER . I am servant to Mr. Scoles, who keeps the Elephant inn, Cripplegate. About eight o'clock that evening I saw Honfield draw the truck up the gateway—I saw the prisoner walk up, and take the box out of the truck—he was coming away, when I secured him with it.
Cross-examined. Q. Do you mean that when you took him he had it on him? A. I took him by the collar, and it dropped from his hand.
GUILTY .*Aged 25.— Transported for Seven Years.
704. JOHN CLARKE was indicted for feloniously forging, on the 9th of February, a request for the delivery of 2 pieces of silk, called ducape and 12 yards of cassimere, with intent to defraud James Coster and other; and that he had been before convicted of felony.
"Sir,—Please to send me to pieces black ducape, same as the last, and 12yds. best black Doubled Milled Kerseymere.
We deal with a person named Johnson—he lives in the Hackney-road—I gave Benjamin one piece of the stuff.
Cross-examined by MR. PAYNE. Q. Is there any thing particular about black kerseymere? A. No—ducape is a stout quality of silk.
HENRY BENJAMIN . I live at No. 6, Bache's-row, Charles-square Hoxton. I received this order from the prisoner—I was walking along Shoreditch, and he asked me if I "would earn 6d.; and he would treat me to the Standard theatre if I would go and take this note to Mr. Coster: and he told me he was young Mr. Johnson—I took it, and they gave me the stuff, and a gentleman gave me into custody—I am sure the prisoner is the man who gave it me—there was another one with him.
Cross-examined. Q. Where was he when you went in with the order! A. Standing by the corner of Aldermanbury—I did not see him after wards, as I was taken into custody—I first met him at the Standard theatre, in Shoreditch, as I was going home—I did not say "Why cant You take it yourself?"—he said he had to go somewhere else, and that they would take it from the bottom of the counter, and count it over, and I must watch them—my father is an old-clothes man—I am sixteen years old.
Cross-examined. Q. How do you sign your orders? A. "R. T. Johnson. "I have seldom signed orders myself, but in general my brother has—I have sent orders there—this is not at all like my writing—I never sent to them for kerseymere.
Cross-examined. Q. Have you signed requests to Coster and co in. You are brother-in-law's name? A. Yes; but I generally sign my own name.
GUILTY . Aged 14.— Transported for Fourteen Year.
OLD COURT.—Wednesday, March 1st., 1837.
Third Jury, before Mr. Sergeant Arabin.
JOHN TOMLINSON HITCHCOCK . I am a farmer and live at Northolt, near Harrow. The prisoner was my carter, and used to take hay to Han-well—I missed hay from the rick, and on the 1st of February as he was going to Paddington after a load of tiles, I overtook the cart on Ealing Common—he should have had a sack full of hay with him—he had a sack, but no hay in it—I found about 60lbs. of hay in the cart—it was tied up in two bundles—he should have had about 30lbs. in the sack—I ordered him not to touch the hay, but to make the best of his road to Paddington—he went on, and I met him at Shepherds bush, and then he had made away with the best part of it—I had told him always to put the hay for the horse into the sack.
Cross-examined by MR. PHILLIPS. Q. How many men have you in your employ? A. I do not recollect having any men at that time, except the hay-binder.
NOT GUILTY .
CHARLES HAGAR (police-constable K 271.) On Tuesday, the 14th of February, about seven o'clock in the evening, I saw the three prisoners in company together in Penny-fields—I had my suspicions and watched them—I saw them go to the Artichoke Tavern, Blackwall—when they got there, Brown stood outside the door making a noise with his feet, while the other two went into the yard of the Tavern—they came out and walked a little distance together—they then came and stood directly opposite where I was standing—I heard Brown say something about its being all right, and wishing them to go back again—but they said they had got some and would not go back—they went on, and I took Peterson, my brother officer took Carden, Brown ran away—I gave Peterson to another officer, and pursued Brown—he threw this table-cloth over into a field—he bad not been into the yard—I secured him.
(The prisoner Brown put in a written defence, stating that he found the cloths in the road—and the other prisoners demanding a share, he gave one to Peterson, and as they quarrelled about it, lie threw the other away.)
CARDEN— GUILTY .—Aged 17.
PETERSON— GUILTY . Aged 19.
BROWN— GUILTY .—Aged 19.
Confined Three Months.
707. THOMAS CUMBER was indicted for stealing, on the 14th of January, one half-sovereign and one sixpence, the monies of Charlotte Ann Foreman.—2nd COUNT, stating them to be the monies of Elizabeth Foreman.
MESSRS. SHEPHERD, ADOLPHUS, and SCARLETT conducted the Prosecution.
CHARLOTTE ANN FOREMAN . I am single and am servant to Mr. Town of Euston-square. In January last (I do not know the date) I wrote a letter to my sister Elizabeth, who lives at Mr. Carlton's, Parson's-green, Fulham—I put a half-sovereign and a sixpence into a bit of paper, and pinned it into the letter, I directed it to my sister, and put it into the Post Office in Tavistock-place, kept by Mr. Willis—it is an oil shop—I took it into the shop and gave it to Mrs. Willis—I paid her three pence postage, and informed her that it was a money letter—I knew nothing more about it till the 10th of February, when the officer came to me.
Cross-examined by MR. PAYNE. Q. Are you quite sure you gave Mr. Willis the letter? A. Yes—I have a distinct recollection of putting half-a sovereign into the letter.
ELIZABETH WILLIS . I am the wife of William Willis, who keeps the receiving house in Tavistock-place—this is the two penny post letter bill of the 14th of February, it is my writing—here is an entry of a cash letter—all cash letters are entered in that manner—I received the letter at eight o'clock on the night of the 13th, and it went the next morning.
Cross-examined. Q. Is the whole of this your handwriting? A. That entry is—I did not send the letters that day—(bill read.)
"Eight o'clock, 14th of January 1837, Elizabeth Foreman, Mr. Ctrlton's, Parson's-green, Fulham, Middlesex, paid—signed William Willis, letter receiver."
WILLIAM WILLIS . I am the husband of last witness, and keep the receiving house at Tavistock-place. I dispatched the eight o'clock letters on the 14th of January—I gave them to Stiles the two penny postman to take to the General Two penny Post Office—I dispatched a letter directed in this way among them.
JOHN STILES . I am a letter carrier in the two penny post. On the morning of the 14th of January, I went to Willis at ten o'clock for the eight o'clock delivery letters—I received them from him, and carried them to the General Post Office—I gave them in at the office exactly as I received them.
Cross-examined. Q. Were they fastened up at all? A. I took them in a bag—they are tied up first by the receiving office keeper—I took then without untying them, and delivered them in the same state.
JOHN ALFRED HARDY . I am a clerk in the Post Office. I received this latter bill at the Post Office with the letters, from the receiving house in Taviitock-place, on the 14th of January, here is my signature to it—I looked over the letters that morning, and found they corresponded with the bill—I put my initials to it—I handed the money letters to Mr. Biller, and he signed the bill as an acknowledgment—here are his initials to it.
Cross-examined. Q. Do you always compare the letters with the bill before you put your initials to it? A. I Do, they are always strictly examined.
JOHN BILLER . I am a clerk in the Two penny Post Department, in the General Post Office. On the 14th of January I was on duty there, as clerk of the money-book—I received a letter with this direction on it that morning and entered the address in a book, which I have here—(reads)"Elizabeth Fore-Man,
Parson's-green, Fulham"—there it, "No. 47" on it—each letter is numbered, and a receipt corresponding with it—this book contains an entry of the country money letters—it is my duty to make out a receipt for money letters, to be signed by the party they are directed to—I made out this receipt—I deliver it out to the sorters to be sorted, and then it is brought to me again, and I give the letter out for it—it is, "Twopenny P.O., a letter containing—directed to E. Foreman, Parson's-green, Fulham, potage paid. Received the above, signed E. Foreman"—I deliver these receipts first to the sorters, instead of the letters—the sorters send it round to the road-clerk, Mr. Morgan, who brings the receipt to me, and on his signing the book, I should give him the letter, and he would keep the receipt also—his initials are signed to this book—he would then have tat letter and receipt to dispatch—that was done on the morning in question.
Cross-examined. Q. does the book you have, purport to contain a correct transcript of the address on the letter? A. It does—it satisfies me that the letter I received that morning and handed to Mr. Morgan, had that direction on it—it is not a facsimile of the direction, I dare say—I bate not put in Mr. Corlton's name—I have no knowledge that the name of Carlton was on it.
MR. SHEPHERD. Q. Is it the custom to insert the whale direction or the material part? A. The material part.
JOHN MORGAN . I am a clerk in the Post Office. I was on duty on the morning of the 14th of January—the Fulham bag would be made up about half-past nine or twenty minutes to ten o'clock—I that morning received a money-letter directed to Elizabeth Foreman—I have signed an acknowledgment of having received it—I should not have done so unless I had received it—I received it from Mr. Biller—it was entered in the Post Office; bill and a receipt was put up with the bill to be signed by the part? to whom it was directed—here is the Fulham bill—it is in Mr. Linwood's handwriting—the money-letter was tied in front of the bundle, and put into the bag—it was then tied up in the bag—when these letters are marked off by Mr. Lin wood, they are put into the Fulham box, and then put into a parcel, tied and sealed by me—we send the receipt with it, which is returned afterwards.
Cross-examined. Q. Is there any writing of yours on this paper? A. Yes, my name—I compared the letters with the book before handing them over to Mr. Linwood—the letters are put into the box, and are tied up by me—they are then put into a bag, which bag is given to a stamper named Langham, and he ties and seals it—I see him do it—that is in the general course of business—there is no signature of Langham's.
JAMBS LIN WOOD . I am a clerk in the Twopenny Post Office. I assisted Mr. Morgan in telling up the charges on the morning of the 14th of January—this bill is in my handwriting—this "Elisabeth Foreman, Parson's-green" is ray writing—I made the entry from the letter which I delivered back to Mr. Morgan.
FRANCIS LANGHAM . I am a stamper in the Post Office. I was on duty on the 14th of January—my signature is on the book as being on duty—I received the Fulham bag from Mr. Morgan—it was tied in my presence by a porter, and given to me—I sealed it, and then gave it to Clifton the porter to take to the cart.
Cross-examined. Q. Do yourecollect this particular day? A. Yes—
I have signed the book as being present—nobody could have seated the bag but myself.
WILLIAM DRAKE . I am the chief letter carrier for Fulham. On the 14th of January a money-letter arrived, addressed to "Elizabeth Foreman Parson's-green"—this letter-bill arrived with the letters that morning—when a letter-carrier receives a money-letter, he marks his signature against the entry of the letter—here is the prisoner's signature to this entry of Elizabeth Foreman—it is an acknowledgment that he received the letter—this receipt would come with the letter, and would be delivered to the prisoner, to get it signed by the person the letter is addressed to—Elizabeth Foreman came to me on the 5th of February, to make inquiry about a money-letter, and I spoke to the prisoner about it the next day, I asked him what he had done with Elizabeth Foreman's letter—he told me his wife had found it in one of his coat pockets, and he had been and delivered it that morning—I asked him where the receipt was—he told me he had not time to wait for it, as he had to call at Dr. Keate's for some money—this was about ten minutes before ten o'clock—I said it was very odd the office had not sent for the receipt, as it was customary to send for them a few days afterwards—he said it was so, and they must have forgotten it, and he would make it all right—he then went away to breakfast, and I went immediately to Elizabeth Foreman—after seeing her I immediately returned to the office, and saw the prisoner—I said, "What a lie you told me respecting this letter, You hare never been near the house"—I told him the information I had from Elizabeth Foreman—he said he must say something, but he would make it all right, but he could not find the letter—I said nothing more to him then—I went again to Elizabeth Foreman, about three o'clock, to know if he had called, and saw the prisoner afterwards at his own house—I said, "You have never been to Elizabeth Fore-man respecting this letter"—he said he had not—on the following morning, about eight o'clock, I said, "What have you done about this letter, I shall certainly report it; it is a bad job, you have fallen into the error, and you must abide the consequences"—I then wrote to the Superintending President—I went to town and returned with an officer, and we went in search of the prisoner, but could not find him that day—I did not see him again till he was at Bow-street.
ELIZABETH FOREMAN I was servant to Mr. Carlton, of Parson's-green, Fulham, in January last. I did not receive any letter that month containing half-a-sovereign and sixpence from my sister—I heard afterwards of such a letter having been sent; in consequence of which I went to Mr. Drake on the 5th of February—in consequence of what passed between him and me I went to the prisoner, and told him I had called respecting a letter which I understood I ought to have received on the 14th of January—he hesitated—I told him I could not account for it unless he had given it to somebody else to bring it to me—(the prisoner knew me—he had delivered letters to me for three or four years)—I said I could not account for it, as I had always received them punctually before—he said he had been ill and got his brother to deliver fur him—I told him then that I had traced the money to him, and should expect him to make it good to me in two or three days; and he said he would do so—I said I should not trouble myself any further about it, and left him—on the 6th of February, he came to
me at my master's house—(I had seen two gentlemen from the Post Office before that)—I said, "Oh postman, this is a sad job!"—he said it was all respecting my letter; he knew he had done wrong, and was very sorry for it—this was about four o'clock in the afternoon—I told him of the two gentlemen having been there; and he said he knew it—he came to me the same evening about eight o'clock, and said he did not know what he should Do, as nothing of the kind had ever occurred before—I said, "I can't suppose You intended to rob me;" for I considered him strictly honest—he said there were two officers then after him—he gave me 10s.—before he was taken he said he did not know what had become of the letter—this "Elisabeth Foreman" to this receipt is not my writing—I never signed a receipt of that kind.
THOMAS LYNE (police sergeant V 5.) On the 9th of February, I went in search of the prisoner to a house at Sandy-end, Fulham, kept by one Wheeler—I went in and found the prisoner up stairs in bed—it was about half-past two o'clock in the afternoon—he had all his clothes on, except his shoes and hat—I took him by the collar and said he was my prisoner—I told him it was on a charge of felony—he said, "I know all about it; it is concerning the letter of Miss Foreman's, of Parson's-green, I have made that all right, I have paid her the money, and all would be very well had I not forged the receipt, and my comrade given information againt me"—I took him to the station, and heard him say to the inspector that there was half-a-sovereign in the letter; and in a few seconds after he said, "She told me so"—I then searched him and found five letters on him, and two blank receipts—I returned one of the letters to him at Bow-street by the desire of the Magistrate, as the superintendent of the Post Office said it did not at all relate to the case—it was connected with his own business—it had been then opened—I believe this to be the letter I returned to him, (looking at one) but I cannot swear to it—I kept the other four letters in my possession till the Saturday following, when he was examined again, and I then gave them to the superintendent of the Post Office.
Cross-examined. Q. Did you make any memorandum of the conversation You had with him? A. No.
ROBERT ATKINSON KIRBY . I am the relieving officer of the Strand Union. On the 11th of February, I was coming down Bow-street and saw the police van just turning the corner into Russell-street, I saw a letter thrown from the blind behind the van—it dropped from the van—two boys ran and picked it up and gave it to me, and I immediately gave it to Tyrrell the gaoler—this is the letter.
FREDERICK TYREELL . I am gaoler of Bow-street office. On the 11th of February I took the prisoner from the House of Correction to Bow-street in a van—there were several other prisoners in the van—I received this letter from Mr. Kirby when I arrived at Bow-street—as the prisoner entered the passage of the office I had this letter in my hand, and he said, "That is my letter, I dropped it out behind the van, thinking somebody would pick it up and put it into the Post Office"—he said two or three times, "Don't show it to any of the officers"—I afterwards opened the letter in the clerk's office—there was a leaf of a Bible in it, and something written in pencil on a piece of paper inside the letter—it was directed to Mrs. Cumber.
Carlton's, Brook-green Lane, Hammersmith, in great haste, T. C—Dear Sarah, Get Potter to put half-a-sovereign and 6d. in a letter to Miss Foreman, at Carlton's, and say it was found in the King's-road—put the letter in at Parson's-green, but sign no name, and say "The receipt was sent by my husband, that found it three days after it was found"—say the letter was found one month ago—make it out that some poor person found it who was in distress—but Potter will know how to manage it—finding I was taken for losing it, I got some friends to make it up for me—put it in the post on Monday night or Tuesday night, for I am miserable here; and I not get here again I cannot say at present—You must not say a word about it at all, for the letters are all seen by governor—Do not fret my dear, I think I shall get over it, if you do as is in the enclosed—You must make it appear as a poor person found it in distress—we are searched often—I have dropped this in the street, for some person to be so kind as to put it into the Post Office."
GUILTY . Aged 27.— Transported for Seven Years.
Before Mr. Justice Park.
MR. CLARKSON conducted the Prosecution
JOHN WILLIS . I am steward to Mr. Stephen Morgan, who lives at Hare-field-grove. or Saturday night, the 11th of February, he had ninety-seven sheep in a field in the parish of Rickmansworth—thirty-three of then were ewes with lamb, and one ewe was not in lamb—I counted them on Sunday, and could only find thirty-three ewes, including the one not in lamb—oneewe which was in lamb was missing—in the course of that morning I raw the skin of a ewe hanging in a cart-shed on the premises, and observed two dead lambs by the skin—I knew it was the skin of one of my master's ewes—I had been dressing some sheep with ointment for the scrub, and it had the ruddle mark, and also the mark of the ointment on it—the two Iambs had not been dropped from the ewe naturally, but had been taken from the body—the skin appeared to have been taken off in an unbutcherly manner—on the 23rd of February, (eleven days after,) I saw some mutton compared with the skin; and I should say that that mutton had once been covered with that skin—part of the sinew of the left leg was left in the skin, and I found the corresponding part of the sinew on the mutton—there was a small portion of skin left on the thigh of the mutton, which corresponded with the deficiency on the skin itself—that was the inner skin, not the part which has wool on it—I only compared a small portion of the thigh with the skin—there might be two pounds—there was no wool left on the meat—the prisoner lived nearly nine months in Mr. Morgan's employ about seventeen months before this.
JOSEPH MORRIS . I am Mr. Morgan's shepherd. On Saturday evening. the 11th of February, I counted the sheep, about five o'clock, in the turnip field, in the parish of Rickmansworth—there were ninety-seven—there were thirty-four ewes, thirty-three in lamb, and one not—I went to the field next morning about eight o'clock, and counted them again, and one of the ewes in lamb was missing—I went to master's homestead on Sunday afternoon, and saw the sheep-skin there—it was the skin of master's ewe—I knew it by a ruddle mark on the rump, and there was a mark of ointment.
After the sheep. On Sunday morning, between ten and eleven o'clock, I saw Michael Fox, and in consequence of what he said I went to Bishop's-wood, near the turnip field where the sheep were feeding—I there found the skin of a ewe, and two lambs—I took them up, and put them into the cart-shed—it was the skin of master's ewe, but I could not say it was so till I had counted the sheep—the mere sight of it did not satisfy me on the the subject.
JOHN BIRCH . I am a constable of Uxbridge. I had the prisoner in my custody before Tuesday the 21st of February—In consequence of what I beard, I went that day to his house at Ryeslip, with Murray—I did not know where he lived before, but I inquired when I got there—it is in Middlesex.
CHARLES JAMES MURRAY . The prisoner told roe, at the King's Anna, at Uxbridge, that he lived where I had been to search—it is on Ryeslip common—I went with Birch—I had been to the house before I spoke to the prisoner about it, and found Charlotte Bray there—I told the prisoner what I had been to the house for, and that I had seen Charlotte Bray there—I asked him if the up-stairs room was his living-room, and he said, "Yes."
JOHN BIRCH re-examined. I searched the up stairs room, and found some mutton in a pan, covered up with a cloth, on the table—it had not been salted—it was a leg of a sheep cut up into four or fire pieces it smelt very much—it was in such a state as mutton would be if killed more than four or five days—Mrs. Bray was in the room—I found a lot of suet and part of an udder, tied up in a handkerchief, in a cupboard—the state of the udder indicated that it had come from a ewe with lamb—the other part of it along with the mutton in the pan—I saw the remains of a leg of mutton cooked in a plate—I brought away the uncooked mutton, and have compared portions of it with the skin—I am certain they corresponded—it was killed in a clumsy manner—the skin had been taken from the body in a very clumsy manner—when I applied the meat to the skin, it laid on the left side, as the skin laid uppermost—if was the left leg—the sinew was left on the thank of the mutton, there was a portion of the inner skin gone out, and there was a portion of it on the mutton; and when we put it together the skin on the mutton exactly corresponded with the part that had gone out of the Inner skin—I should decidedly say the mutton had come from thai skin.
COURT. Q. Did you see any body in the house besides Charlotte Bray? A. Not in the prisoner's apartment—I saw no other grown-up person in the house—there were two upstair rooms and two below—the clipboard was in the up-stairs room.
CHARLES JAMES MURRAY re-examined. I saw Birch find the mutton, the suet, and udder—I examined the room myself, and found a shirt, which was bloody at the wrist—it certainly did not appear to be fresh—there was blood on both sleeves, and some spots down the breast.
THOMAS FUNGI . I am a butcher at Uxbridge. I compared the skin with the mutton last Friday, and saw where they had cut the leg off—the sinew rises up, and forms a slant—I matched them together, and they cor-responded—I firmly believe one had formed part of the other—part of the toner skin was left on the thigh of the mutton, and there was a corresponding deficiency on the inner skin—when matched it corresponded in size and shape with the deficiency—the sheep had been slaughtered very clumsily—I could not judge whether the ewe had been in lamb.
Prisoner. Q. Did not you tell me, after I had my hearing, that you nor any other man could swear the mutton came out of the skin? A. I swear I did not say so—I said nobody could swear whether it was in lamb or not.
Prisoner's Defence. I went across a field called Spratt's field, and observed a dog at the hedge, gnawing this piece of mutton—I picked it up—I took my knife out, and stuck it in it, and it smelt a little, but not much—I thought that we might eat some of it—I looked further, and, in the hedge, found a sack—I took it up, and when I got to the end of the field, I chopped off what the dog had been gnawing, and took the rest home—I cannot say what day it was that I found it.
CHARLOTTE BRAY . I live with the prisoner, but am not his wife. Last Friday week I remember his coming home about half-past four o'clock it the afternoon—I was in bed, having only laid in a short time before—he brought in this bit of mutton, and put it on the drawers—I did not ask him where he got it, and he did not tell me—I was ill in bed—he came to the bed-side and asked me how I was.
MR. CLARKSON. Q. Was it Friday week or fortnight? A. Last Friday week—the officers found it the Tuesday following—I have always given the same account of this—that is all I know about it—I always gave the same account to Birch and Murray—I said first that his mother gave it to me—I did not know where he had it from—there was no one in the house but myself when he brought it home—there was suet in the cupboard, which had been there for a month—it was a little bit—I know nothing about the udder—I kept the suet because I had no flour to make a pudding of—the officers took a shirt away—the prisoner put that shirt on on Tuesday morning, the 14th of February—his sister had it given to her the day before, and she lent it to him—she goes out selling kindlers.
NOT GUILTY .
Before Mr. Justice Bosanquet,
JANE DAVIDSON . I am single and lire at No. 4, James-street, Oxford-street. On the 9th of January between two and three o'clock, I received from Thomas Roberts, in Marshall-street, Carnaby-market, three £10 notes and seventeen sovereigns—it was money that bad been left to me by my mother—I then went and called on Mrs. Coin in James-street—I told her I had received tome money—she had occasion to go out, and I staid at home while she went, by her desire—the prisoner came in while Mrs. Coin was absent—and I asked her if she would take any thing to drink—she said, "No—I am glad to see you have got your money"—I said, "Yes" and told her what I had—she said she should not know a Bank note from a piece of paper if she saw it—(I had told her before about my money)—I took my money out, and gave the notes into her hand—she returned them to me again—I folded them one in the other, and laid them on the table—I then began showing her some silver spoons, and other articles which I had had left me—I showed her all I had—I never saw the notes afterwards—the sovereigns were safe in my pocket—I had not pulled them out—I did not know that I had not put the notes into my pocket, till I got hoem—Thomas Smart is Mrs. Coin's landlord—she lodges there—it is in the parish of st. Marylebone—when I got home, I felt for my money, and it was gone—I went back to Mrs. Coin's, and saw the prisoner—I asked her if she had seen the
notes—she denied knowing any thing of them, and helped me to search—but I found nothing there—she came back with me, and searched my room also—but I could not find them.
THOMAS ROBERTS . I paid the prosecutrix 47l. 15s. 4d., there were three £10 notes, seventeen sovereigns and 15s. 4d.—I had received it at Lad-brake's for a cheque of 63l. 1s. 10d., there were four £10 notes among it—I kept the fourth note.
FESDERICK LANE . I am a clerk at Ladborke's. I took an account of the four £10. notes paid to Roberts—they were number 3037, dated 29th of November 1836—number 2682, same date—numbers 12663, and 18794, dated the 25th of November 1836.
JAMES HALL . I am servant to William Barry of the King's Arms, Titchfield-street. On the 16th of January Ann Joy came to me for two bottles of spirits which she had—and tendered a £10 note—I gave it to Miss Barry—she took it off the table—I received the change and gave it to Joy—the name and address were put on it by Miss Barry.
MARY ANN BARRY . Hall gave me the £10 note. I asked the person (who I understand to be Joy) for the address—she gate me, "Mrs. Mitchell, No. 9, Manchester-square"—I put that address on it—and should know the note again—this is it—(looking at one.)
ANN JOY . I have come here in custody from Tothill-fields, Bridewell. On the 16th of January, I saw the prisoner in Bury'a-court, Oxford-street, the laid she was going to the play, and asked me if I would go with her—I said, "Yes"—she desired me to go into the King's Arms, and get change for a £10 note, and to get a bottle of gin, and a bottle of rum—she gave me the note, and I took it in to Miss Barry's and got change—they asked me what name, and I said, "Mrs. Mitchell, No. 9, Manhester-square"—I did not know what name to give, so I gave that name—I know a person named Mitchell, but I do not know whether she lives there—I got the change, and gave it to the prisoner when I came out—we went to the play together, and went and slept at a house in Henrietta-street, where I had been at work that day, as it was too late to go home—she did not say any thing to me about any other £10 notes—I went to a shop with her on the Friday following, and she bought two gown pieces for 10s. each—she paid for them in gold—she also bought two cloaks and two shawls, which she paid for with a £10 note—she gave me one of the cloaks.
Prisoner. She changed the notes herself, and bought the clothes herself—she had all equally with me. Witness. I only changed one note.
Prisoner's Defence (written). I lived at service at No. 51, James-street, at Mrs. Coin's—on Tuesday, when I was cleaning up the place, I found three pieces of paper, and not being able to read or write I did not know what they were—I never wear a pocket, so I put them into my bosom, intending to give them to my mistress when she came home—about four o'clock in the afternoon Ann Joy came to me; she was in the habit of coming to help me do my work—one of these pieces of paper was sticking out of my bosom—she said to me, "What is that sticking out of your frock?"—I took them out and showed her what I had found—when she saw them, she said, "O my God, Mary, why it is three ten-pound notes"—I said, "Then
I dare say they were Mrs. Barker's, for she had a great deal of money last night when she was down here"—Joy said, "Let us keep them"—I said I was afraid—she said I was a d—fool, it would never he found out and he would get them changed when she went to market the next morning for sprats; but instead of her going to market she went and bought two cloaks and five silk handkerchiefs, two shawls, two pairs of gold earrings, two gown-pieces, and four pairs of boots, two caps, some prints, and brown Holland and white linen, but I cannot say how much it was, also two bonnets, a bottle of gin, and one of rum—we were going to the play that night—I was not with her at the time that she changed the notes and bought the things—she told me she had spent the two notes, and gave me 1s. and told me that was all she had, except 1s. for herself—I asked her what was become of the other note—she said that she was smoothing it out and she tore it, so she did not think it was of any use, and she burnt it—she said that it was the best way—when we were in the van she asked me, if either of us told on the other, whether the one that told would not get of—I said I did not know, I did not understand it.
GUILTY . Aged 17.— Transported for Life.
Fourth Jury, before Mr. Recorder.
709. THOMAS WEYMAN, CHARLES HAYDON, HANNAH HAWKINS , and JANE GELL were indicted for stealing, on the 12th of February, at Hillingdon, 2 purses, value 1s.; 33 sovereigns, 1£10 Bank-note, and 34£5 Bank-notes; the goods, monies, and property of John Dunn Mr. Clarkson conducted the Prosecution.
JOHN DUNN . I was midshipman's-stewaxd of the Castor frigate—she was lying at Chatham—I had 213l. on my person, besides a little silver, when I left Chatham on the 12th of February—there were thirty-four £5 notes, one £10 note, thirty-three sovereigns, and some silver—the notes were in one purse, the gold in another, and the silver loose in my pocket—one purse was a foreign one, which I had bought in Spain, and the other an English one—they were both red—I came by the coach from Chatham, on my way to London—we got to Dartford about seven o'clock—the axletree broke there, and the coach turned over—I was outside, and was stunned by the fall, as I pitched on my head and shoulders—I had two pairs of trowsers on, and the money was in the pocket of the inside pair—I came to myself while I was on the ground, and was carried into the first public-house—I went from there to another public-house and inquired for a lodging Hawkins was there when I went in—she said she could let me have a bed and a room, that it was but a poor one, and she did not know whether it would do for me or not—I stopped at the public-house a short time and took out my money, and counted it to sec that it was all right—the people there saw it—it was quite right at that time—after remaining there a short time I went with Hawkins to look at the lodging—I observed the prisoner Gell in the public-house, but neither of the men—when I came out with Hawkins I saw both the male prisoners standing outside the door, and Gell with them—Hawkins spoke to them as we passed—she borrowed a candle from a neighbour, and took me to a house not far from the public-house—she showed me the room, and said, "Here is the bed and the room; I Don't know whether it will Do"—I said, "Any thing will do as long as I am safe; I have a little money in my pocket and don't wish to lose it"—she said, "You are perfectly safe, sir; nobody comes here but me"—I asked her to get me a drop of porter, and said if she had not got money I could
give her half-a-crown from my pocket—she did not take any money of me, but said something about her husband which I did not understand—she went away without getting the porter, and I went to bed, and went to sleep—I awoke in the morning between five and six o'clock—I had left my trowsers, the money was in, inside the others, and placed them by the side of the bed—when I awoke in the morning it was very dark, and I fell over them in the middle of the room—one pair was separated from the other—I picked them up, searched my pockets, and found both purses, with the Dotes and gold gone—the silver remained—there was a half-crown, and, I think, two sixpences—I ran into the street, and met Pearce the constable—he went back with me to the house, but found nobody there—I have seen both ray purses since—I had described them.
wkins. He followed me up stairs, and said, "You take this money, for I mean to live with you"—he next said, "I have a wife and one child, bat if you will but live with me, I will never go home to her any more—take that money, and do what you like with it." Witness. I did not say anything of the kind—she did not stop half a minute in the room—I had no conversation with her at all, except about the lodging—I did not make any proposition to live with her, nothing of the kind—she told me she was a married woman, and was going to her husband.
WILLIAM LUCAS PEARCE . I am high-constable of Dartford. I saw the four prisoners in the course of the day in question—when the coach broke Down, I was sent for—the prosecutor was hurt, and I suppose 150 people were about—I observed the two female prisoners among the crowd, very busy among the sailors—there were five or six sailors among the passengers—Weyman and Hawkins have lived at Dartford together, as nun and wife, since November last—I occasionally see Haydon, and on the day the coach was overturned they were all four together—Gell was with one of the sailors, and as she came by, I heard her say to Hawkins, it appeared to me, that one of the sailors had got plenty of sovereigns, but it was tied so d—tight in, that she could not get at it, but she would bare it before morning—about five o'clock next morning Mr. Dunn called me up, and told me of his loss, and I went to Hawkins's and Weyman's lodging—they occupied that room—it is a detached part of the premises of the Granby public-house, let off in separate tenancies to labouring people—the other two prisoners lodged on the opposite aide of the yard.
Haydon. You did not see me that day, for I had been very ill, and came from Gravesend; and when I came home, I went to bed at Mrs. Brown's—You never saw me before in your life. Witness. Yet, I did—Mrs. Brown's husband keeps the Granby, which is opposite the church.
GEORGE WEYMAN . I am the prisoner's brother, and live at Northfleet, which is about five miles and a quarter from Dartford. On the night of the 8th of February, my brother came home about twelve o'clock, as near as I can guess—he asked me if I could put him over the water—I said yes. I would if I could, I thought I could get a boat down at my master's—he went down with me, and he ran the best part of the way—we got the boat, launched her about a dozen yards into the water, and got in—we rowed round the causeway, which is the best part of a quarter of a mile, and there found the two females and Haydon waiting for us—they got into the boat, and I rowed them over to Grays, and they landed there—when I got ashore, Tom gave me a sovereign—when we got about a dozen yards, Haydon said, "How much did you give him, Tom?"—he said,
"A sovereign"—Haydon said, "D—his eyes, give him another, for he has well earned it"—he gave me another, and then said, "You must stand something to drink out of it"—I said, "Yes, I will, and thank you too," and we went across the wharf—Gull caught hold of my arm, and said "You have no occasion to say any thing, for they told me not to tell you but we have got about 500 of them altogether, you have no cause to say any thing that you put us over the water, for I dare say you will hear of this in the morning"—we went to the public-house—the male prisoners kicked at the door, but they were all in bed, and we could not getany—we then went to the White Hart, and then to the Bull and the King's Arms, but could not get any thing—I then left them, and came across the water with master's boat, and put it safe.
COURT. Q. Was Gell an acquaintance of yours before? A. No—she was quite sober—I have seen Hawkins before with my brother.
WEYMAN. It is all false—he was out that night stealing turnips—he said in the boat that he had been out to look for a sheep, but could not get one. Witness. I and three more were going to get a mess of turnips that night, but I did not go—by a mess, I mean a few in a handkerchief.
HAWKINS. I heard him say in the boat that he got his living by thieving. Witness. I did not.
CHARLES JAMES MURRAY . I am a constable of Uxbridge, which it about thirty miles from Dartford. On Friday evening, the 10th of January, I saw the two female prisoners at the Jolly Ostlers public-house, at Uxbridge—on the following morning (Saturday) I saw Haydon coming up the street with two reputed thieves—on Sunday I read the Hue and Cry, and in consequence of a description contained in it, I went to the Jolly Ostlers again between nine and ten o'clock that morning with Darvill and Birch—we went into the back parlour, and found the four prisoners at breakfast—I asked them where they came from—Haydon said they came from Reading in Berks—I said, "Have not you been to Dartford, in Kent, lately?"—they said not—I had the Hue and Cry in my hand, and said, "I suspect you of a robbery, and will read you this, and then will ask you some questions"—I asked them their names—Hawkini described herself as the wife of Weyman, and Gell as Haydon's wife—I then said, "You are the very persons I want"—I read the paragraph to them, and said, "Do you still persist in saying you have not been at Dartford in Kent?"—they said they had not—I said, "You are my prisoners; I have come by order of the Magistrate, and shall search you"—I first searched Weyman, and found two £5 bank notes in his fob, also this green purse, nine other £5 notes, and eleven sovereigns in his breeches pocket, making 66l., and 18s. 6d. in his other pocket—I asked him how he accounted for the money—he said Nance (meaning Hawkins) had given them to him—I directed Darvill to search Haydon, and while he was Doing so, I heard something drop from Haydon—I said to Darvill, "Look out, there is some money dropped"—I looked round, and he had his foot partly on it—Darvill picked it up, and gave it to me—it was this new purse, containing eight £5 and one £10 bank notes, and six sovereigns, making 56l.—I asked him how he accounted for having so much money—he said Tom (meaning Weyman) had given it to him—when Weyman said Hawkins had given it to him, I said to Hawkins, "How came you by so much?"—she said a gentleman had given it to her—nothing was found on Gell—I took all four into custody—in consequence of something Haydon said, I took George Weyman, the brother, into custody, but found nothing
on him—he gave me precisely the same account as he has given to-day.
JOHN BIRCH . I am a constable. I have heard Murray's evidence—it is correct—I searched Hawkins and Gell, hut found nothing on them—I fetched their bundles down from up stairs—Weyman and Hawkins claimed one of them, and in that I found a pair of trowsers, in the pocket of which I found this red purse, empty—after they were committed, the two male prisoners had a quarrel, and Haydon said that Weyman had done him out of the greater part of the money, that he did not have his share—Weyman then asked me how many sovereigns the sailor had said he lost—I said thirty-three—he then said, "There now, d—You r eyes, You only accounted for nine and twelve; I believe the sailor lost all he said he did lose, and you have done me out of my share of the money."
JOHN HAWKES . I am a clerk in the Bank of England. On the 31st of January, I received instructions to forward 600£5 notes to the Navy pay-clerk at Chatham—it was for a ticket drawn by the paymaster of the navy, Sir H. Parnell, for 600l. to pay away—I don't know to what ship—I entered in the books 400£5 notes from No. 18, 401 to 18,800, dated 20th December, 1836, and 200£5 notes, from No. 20,401 to 20,600, dated 31st December, 1836—I made the entry, and Mr. Williams gave the money to another clerk.
ALEXANDER JAMES GEDDES . I am a clerk in the Bank. I received the parcel of notes in question—on the 1st of February, I took them to Chatham—I delivered them to Mr. Wright, the Navy pay-cashier there.
WILLIAM THOMAS WRIGHT . I am one of the clerks in the Navy Pay-office in his Majesty's Dock-yard at Chatham. On the 1st of February I received from Geddes a parcel containing 600£5 notes—I paid off the crew of the Castor frigate with them—I did not take the numbers of the notes I paid, but I paid off the frigate with the same notes I received from Mr. Geddes—I had no other notes in the office.
JOHN DUNN re-examined. These two purses, one found in Weyman's bundle, and the other on Haydon, are both mine—one contained the gold, and the other the notes—they are both red—this £10 note, found on Haydon, is mine, and was one of the notes I had on my person that day—I had but one £10 note—I know it by the blot, and having it given me as a present for my good conduct when the ship was paid off.
(The notes produced by the officers corresponded with the numbers and dates referred to by the witness Hawkes.)
Weyman to MR. DUNN. Q. How did you first come into the Granby publec-house? A. I went in and called for a pint of beer—I did not call for a glass of grog, and turn to the fire—I did at the first public-house I went into, but I did not drink any of it—that was exactly where the coach broke down.
Haydon. Before he saw the purse opened, which was found on me, he said that his purse had a tassel on it; and when it was turned out, he said it had, two tassels. Witness. It was just as it was when I lost it—I cannot say whether it had one or two tassels on it.
Hawkins. That is not the purse he gave me the money in. Witness. I never gave her any money—I went to bed about ten o'clock—I was not in her company longer than going from the public-house to her lodging—I played two games at cards, but not with her—I did not give her a farthing—I did not say that the money should be hers as long as it lasted, and I liked the place very well—I did not take any liberties with her—she did not stay in the room a minute—she did not bring me any supper—I never told her to get me some fish for supper.
Hawkins. you gave me the money to stop and live with you—I will take my oath of it—that is not the purse you gave me the money in; it belongs to this man, and he can bring witnesses to prove it—that red purse is yours, and that you gave me the gold in—he said he did not care about his wife as long as he could get one to please his fancy, I should have his money—the other three are innocent of it—when the money was given to me Weyman was the proper person for me to give it to—he asked hot I came by it, and I said I had it given to me—I live with him, and gave him the money.
Weyman's Defence. When I asked her how she came by the money, she said, "I had it given to me"—I said, "Did you?"—she said, "Yes I had, so help me God," and then I accepted it.
WEYMAN— GUILTY . Aged 25.
HAYDON— GUILTY . Aged 21.
HAWKINS— GUILTY . Aged 22.
GELL GUILTY . Aged 20. Transported for Seven Years.
NEW COURT—Wednesday, March 1st, 1837. Sixth Jury, before Mr. Common Sergeant.
THOMAS SOUTIIERBY . I am shopman to Ralph Wilcoxon, of Oxford-street, a shoemaker. The prisoner was his errand-boy, and he had been so twelve days—on the 18th of last month I ordered him to take in the goods from outside—he took some, and the other boy took some—I went out, and saw the prisoner with his hand by his trowsers, tucking them up—I followed him in, and said, "You have got some of your master's property"—he said, "What do you mean?"—I said, "You have got a pair of shoes—he said he had not—I sent the other boy for a policeman—the prisoner said, "For God's sake don't send for him"—I found one shoe on each side of his trowsers—those had not been out that night, but were on the shelf inside between twelve and one o'clock in the day—he must have taken them from inside.
Prisoner. I intended to pay for them as soon as I could.
GUILTY . Aged 17.— Confined Three Months.
711. THOMAS WALKER was indicted for feloniously receiving from an evil disposed person, on the 15th of November, 58 yards of satin damask, value 30l., the goods of William Beck with, well knowing them to have been stolen; against the Statute, &c.
MR. PHILLIPS conducted the Prosecution,
WILLIAM BAKER . On the 13th of October I was in the employ of Mr. Beck with, of Wood-street, Cheapside, a silk manufacturer; I had a parcel of silk damask to deliver at Waterloo-house—a man met me and told me a story, and stole the silk—I prosecuted him here, and he was convicted—I did not see the silk in the parcel.
Cross-examined by MR. DOANE. Q. Do you know whether ft was silk? A. No—the person said he came from the place where I was going to take it to—he took hold of one end of the parcel and I delivered it to him then.
MR. PHILLIPS. Q. Did you know him at all before? A. No—believing his story to be true I gave him the parcel—I saw him again on the 1st of December in the street—I followed him and pointed him out—he was taken up—his name was Cresswell.
CHARLES GREENLEES . I am warehouseman to Mr. Beckwith. William Baker was in his employ—on the day he has mentioned I gave him a parcel of silk—I cannot prove this to be Mr. Beckwith's—I was at the trial of the prisoner Cresswell—this prisoner appeared then and gave him a good character.
WILLIAM BECKWITH . I live in Wood-street, Cheapside. I gave Greenlees this silk to give William Baker, to take to Charing-cross—(looking at it)—my initials are interwoven in it—I should think this it the only piece in Spitalfields that is women with the initials in it—it is worth 36l. 5s.—it was invoiced to Waterloo-house at 12s. 6d. a yard.
Cross-examined by MR. DOANE. Q. How much was woven of the pattern? A. Some hundreds of yards—this was sent in as a sample—I hold about fifty-eight yards in my hand, it is woven with my initials in the work at the end of the piece—any body can see it—the initials are repeated four times—this might have been cut off, but there are other marks by which I can identify it—this was to be the inner end where they roll it on aboard—the initials were cut off at the other end before I sent it—they had been at both ends—I have not sold any since this was stolen—I had before sold hundreds of yards of the same pattern, but not the exact shade—a quarter of a yard is cut off this for the pattern—I was at the trial of Cresswell—to the best of my recollection the witnesses were called in singly.
MR. PHILLIPS. Q. On the last trial was the fellow piece to this produced? A. Yes, it was, so that any of the witnesses could see it.
COURT. Q. You said there were some hundreds of yards of that patterp? A. Yes, but none of the same colour, except this one and the one produced, and what I have at home.
Cross-examined by MR. DOANE. Q. Had you not several pieces of silk in pawn from the prisoner? A. I believe I had at that time—I have had none since—I have known him three or four years—I did not know where he lived at the time, but I knew I could find him—I at one time knew where he lived—there was no wrong address given.
MR. PHILLIPS. Q. What is the address on it? A. Fort-street—the address was never asked—I knew at that time that he did not live in Fort-street
—I lent 15l. though I knew the Act of Parliament limits me to 10l.—I did not ask the address, because he had been in the habit of doing business with us; and I knew the party—the Act of Parliament does not apply to this individual case.
GEORGE TEAKLE (police-sergeant H 18.) In consequence of information I went to a beer-shop, in Quaker-street, and found the prisoner—I told him he must go to the watch-house—he asked me several times what was amiss—I said I would satisfy him when he got to the watch-house—I took him there, and then went for Mr. Beckwith and his son—I then told the prisoner he was charged with receiving and pawning a piece of silk of Mr. Beckwith's—he made no reply—next day he asked me what the pawnbroker said—I told him the pawnbroker said that he had pawned it—he made no reply—this was on the 21st of January.
Cross-examined by MR. DOANE. Q. Do youremember seeing a person of the name of Webster about some silk? A. No—I inquired about a person of the name of Cotton—I believe he had something to do with silk—I was not able to find him—I know a bill was out for the apprehension of Cotton—I had a bill about it in my own possession—I have not been able to find Cotton, nor have any of the force, I believe.
COURT to WILLIAM BAKER. Q. you have stated that you were employed to take this silk to Waterloo-house? A. Yes, a man of the name of Cresswell came to me in the Strand—he asked me if I was not Mr. Beckwith's boy, and took the silk from me—after that he was taken up, and I gave evidence against him.
MR. BODKIN. Q. Did you not give it willingly to the man, in conesquence of something he said to you? A. He took hold of it first, and then said something to me—in consequence of that I delivered it to him—I did not try to keep it back from him—I believed what he told me.
(The record of the conviction of Cresswell was here put in and read.)
MR. BECKWITH. Cresswell was prosecuted by me for the theft of this silk.
NOT GUILTY .
MR. JONES conducted the Prosecution,
BENJAMIN COOMBE . I am a brush-maker, and live in Mark-lane. The prisoner was my clerk—he had been so nearly three years and a-half—in August last I left town on business, and returned about the 3rd of December—I left the prisoner in charge of my business—he was authorized to receive money—it was his duty to keep my books, and enter the accounts—before I left him, I discovered some little irregularity, which I spoke about—he said it was an oversight, and it was passed over in conesquence of his saying he would keep the books better in future—I had a customer of the name of William Frederick Smith, a mealman, at Uxbridge, and another named Palmer, at Hertford—on my return I looked at my books—I found they were all in confusion—there were no accounts kept at all—the prisoner had not accounted to me for 9l. 6s. received from Mr. Smith before I left town, and he has never accounted for it since; nor for 4l. 6s. 6d. received of Mr. Palmer, of Hertford, or 3l. 4s. received from Mr. House.
Prisoner. Q. Did you ever receive any money from me without my giving You an account in writing? A. Yes, while I was at home—I offered to stay proceedings if I had a sum of money, that was before I knew of the embezzleMent
—was for sums received from me, and some other small items—I said I would take 20l., but I had no idea of this embezzlement then—I received a letter from a person offering an acceptance of 20l., and I answered that letter—a person came and offered to be security for the prisoner but I found my accounts so confused—he brought this person, who asked what the amount would be—I said, "20l."—he said, would I accept the 20l.—I said I would, little dreaming there would be any embezzlement found—I did not offer to take the acceptance at six months—I agreed to take the 20l. on the 23rd of December.
COURT. Q. Did you at that time know any thing of the losses in this indictment? A. No—I saw John Denham on the subject of the letter, as one of the securities of the prisoner, who was in Whitecross-street prison—that was after the 5th of January—I think I then knew of this sum of Mr. Smith's, but not of the rest.
WILLIAM FREDERICK SMITH . I am a mealman, at Uxbridge, and a customer of Mr. Coombe's. In June last I paid at his counting-house, to the party that was there, 9l. 6s., but who it was I cannot say—this is the receipt I got.
CHARLES HOUSE . I am a miller, and live at Henley-on-Thames. On the 24th of October I paid at Mr. Coombe's counting-house in Mark-lane, 3l. 4s., on account of Mr. Coombe's—this is the bill with the receipt.
MR. COOMBE. These receipts are in the prisoners writing.
Prisoner. I left Mr. Coombe's six weeks before he had me taken—I had been frequently to his warehouse, as he sent for me to give him particulars, and I was in hopes I should be able to give him this 20. to settle the business, but he had me taken on the 1st of February when I called here.
GUILTY . Aged 32.— Confined Twelve Months.
RICHARD PELLS . On Friday, the 17th of February, I delivered to the prisoner, a sack of fat belonging to Michael Bristow and his partner—I gave him a pass book—the fat is always entered in the book—I kill the things, and the book is sent to the tallow-chandler's and returned to me—the prisoner was to take it all to Mr. Barton.
ANDREW KILBY . I am a butcher. I was passing down Lime-street, on Friday, the 17th of February, and saw the prisoner emptying some fat out of a sack in Lime-square, opposite the India House, into an apron—man stood before him and helped the sack of fat on his back—he went down St. Mary-axe, and left the small parcel with a carman sitting at a or way—he then took the sack into Mr. Barton's; and returned for the parcel which he took to Mr. Johnson, the tallow-chandler, and sold it—I came back to Mr. Barton's and told him what had happened, and inquired whose the fat was—I saw the prosecutor the next morning, and told him.
CHARLES PEARSON . I live with Mr. Johnson, a tallow-chandler in Bishopsgate-street. The prisoner came with 18lbs. of fat in an apron that day—he sold it for 5s. 8d., that is at the rate of half-a-crown tone.
(The prisoner received a good character.)
GUILTY. Aged 24.—Recommended to mercy; Confined One Year.
Fifth Jury, before Mr. Sergeant Arabin.
EDWARD OWEN . I am in the service of Edward Jones, a linendraper in Aldgate. On the 8th of February, between three and four o'clock, the prisoner and her mother came in together to buy some Welsh flannel some I rish linen and check—they bought some and paid me for it—they were there about half an hour—about five minutes after they were gone I missed some muslin—they had been close by where it was—I went in pursuit, and came up with the prisoner's mother in the Minories, sitting on the steps of a door—she had no property—I and an officer went in search of the prisoner, but did not find her—I then went myself and found her in the Minories, and gave her in charge—I fancied it was her that took the property from the manner in which she leaned towards the counter, and I heard her draw something from the counter—and I missed a piece corresponding exactly with this—I believe it is my master's.
JAMBS HALL . I am an officer. I saw the prisoner in Mr. Jones's shop—she was asked about this muslin, and said it was to be found at her home—she went with me, and pointed out this on the bed in the room where she said it was—she walked before me all the way to the house—her mother gets her bread by selling second-hand clothes in Rosemary-lane.
GUILTY . Aged 17.— Confined One Month.
JOHN BESTOW . I am a warehouseman. I was in Union-street, Bishopsgate, on the 9th of February, soon after five o'clock, and felt a tug at my pocket—I turned and saw Aspree at my elbow—he passed on my left and went up to Lyons who was about two paces from me—Aspree gave him my handkerchief which I missed from my pocket—Lyons took off his hat put it in, and they both went off—I followed, and cried, "Stop thief"—Lyons was stopped at the end of Union-street—he made a desperate resistance, and I think would have got off, but another officer came up, his hat fell off and ray handkerchief was in the crown of it—Aspree was taken the same evening—I saw him the next morning, and he exactly answered the description which I gave the officer of him, in his dress, his cap and every thing—I believe him to be the boy.
Cross-examined by MR. DOANE. Q. Was not a boy passing at the time the police were with Lyons? A. There was a mob of people round him—I am certain I am not mistaken in saying Lyons put my handkerchief into his hat, because he was close to me, and it is a very quiet street he was about a yard and a half or two yards before me—I swear I saw him put my handkerchief into his hat.
Aspree. He gave the dress of a boy that was in a white flannel jacket, I was at tea at my sister's that evening.
while he struggled—his hat fell off, and the handkerchief was in it—the prosecutor said, "That is my property."
Cross-examined. Q. Might not the handkerchief have been thrown into the hat? A. No, it was impossible—I picked up the hat, and the prosecutor took the handkerchief out.
Aspree. That officer knows who it is that has done it, and I am brought here for it.
Lyon. My mother went to Lloyd, the City toll-man, the next day, and he said he picked the handkerchief up.
(MR. DOANE, on behalf of the prisoner Lyon, stated that his hat had fallen off in the struggle, and some one had thrown the handkerchief into it.)
CATHERINE CHESTER . I am a widow. I have got my bread by service since my husband's death—the last place was at Wanstead—I left there three months to work for a person at Mihon-street—I was at Aspree's sister's at tea on this day—he was with me till past six o'clock that evening—it was last Thursday fortnight—I left him at the corner of Crown-street, at the corner of Long-alley—that is about as far as you can see from Union-street; it was at six o'clock as nearly as possible that I saw him there.
LYON— GUILTY .*—Aged 18.
ASPREE— GUILTY .*—Aged 18.
Transported for Seven Years.
GEORGE GIFFORD . I let lodgings. The two prisoners slept at my house—they have slept in one bed, and in separate beds—Toomey had not frequented our house very long—I had known Crawley before—I missed two pillows on the 17th, and I spoke to them the next morning on the subject—they both said they had pawned them, and meant to bring them back—I found them at the pawnbroker's—I do not positively swear to these, I believe them to be mine.
MICHAEL DEMPSEY (police-constable K 247.) I took the prisoners—they both said they took the pillows, and would get them out again when they had got money; and Toomey handed me a ticket of one of the pillows—this is it.
(The prisoners put in a written Defence, stating that they had pledged the pillows, being in distress, but intended to redeem them.)
TOOMEY— GUILTY . Aged 19.— Confined Six Weeks.
CRAWLEY— GUILTY . * Aged 20.— Transported for Seven Tears.
journeyman for about three years. On the 13th of February I came into the shop, and saw the prisoner at work—he looked very bulky about his bosom, and I said I should wish to know what he had about his person—he said he had nothing belonging to me—I still persisted that he had some thing—he said he had not—I then sent for a policeman, and before the policeman came, he pulled four skins from his bosom—I know these four skins are my husband's—he was working on them at the time.
JOEL CHENEY . I am a policeman. I was sent for, and found the prisoner—Mrs. Solomon gave me these four skins, and stated in hit presence, that he had pulled them from his bosom—he did not deny it—took him to the Compter, and asked where he lived—he said, at No. 4 Greenhill's-rents, Cow Cross-street, and occupied two rooms on the ground floor—I went there, and in the back room, on the bed I found this bag, with about twenty-five skins, as near as I could guess, and in a corner of the bed-room I found about as many more, loose—I took them to Mr. Solomon, who identified them; and there were eight boas hanging up in the room.
MOSES SOLOMON . I have looked at these—they are ours—I can swear to them positively—the prisoner was at work on them before they went to the dye—I can swear to them by their being patched out in the manner that they are.
Prisoner. My prosecutor has sworn against me in a fictitious name—the name is Solomon Moses—it is a flaw in the indictment. Witness. I never knew my name in any other way than Moses Solomon.
GUILTY . Aged 40.— Confined Six Months.
718. MARY CUNNINGHAM and ELLEN HESTER were indicted for stealing, on the 11th of February, 1 set of harness, value 1l. 5s., the goods of William Wheeler; and that Hester had been before convicted of felony.
JOHN LORD SHEPPERD . I live in Barbican, and am brother-in-law to Mr. Wheeler. I had a set of harness of his—I lost it on the 10th of February, from a stable at the back of the premises where the bone is kept—I did not miss it till Saturday morning—I had placed it there on the Friday—the stable is open to the yard, and the door of the yard is generally bolted inside—the prisoners were in the habit of coming to where I live, to see their mother, who is a lodger there—I afterward saw the harness at Mr. Pope's, in White Cross-street—this is it—it is my brother-in-law's.
THOMAS POPE . I keep a marine-store shop in Upper White Cross-street. I never recollect seeing the prisoners before one Friday night, when they came together, about twenty minutes before ten o'clock, and brought a set of harness—I bought it—Cunningham brought it, and I only dealt with her—she gave me the name of "Ann Smith," and said she lived in Milton-street—I gave 10s. for it—it is a complete set—a bridle and collar, and all complete—I paid the money to Cunningham, but Hester was there—they asked 1l.—I did not bid them any thing—I fetched a neighbour, a muster butcher, who had purchased a pony, and I thought he might want it—he bid 10s. for it—I said if it was worth that to him, it was to me, and I purchased it for that.
JOHN TERRY . I live in Cow Cross-street, and work at Mr. Graves, a harness maker. On a Friday night between nine and ten o'clock both the prisoners came together, and brought this harness for sale—they asked if I would buy it—I said, master was not at home, and told them to bring it again in the morning—Cunningham said, "Never mind, we will take it over the way," and Hester said, "No, we will leave it and call in the morning"—the other said, "No, we will take it away."
Hester. I met Cunningham with it at the end of Barbican—she asked me to go with her—I did not know what it was, nor where she got it—we tent to White Cross-street, and that man bought it.
Cunningham. Mr. Shepperd said if I would tell him where it was, be would not injure me, and at last he called me into a private room, and asked if my sisters would pay for it—I told him, "Yes"—he said, "Will You go with the officer and show where you sold it?"—which I did—he said, "I give you my word I will not hurt you"—it was real distress that caused it—this is the first time I ever committed any thing improper—Mr. Wheeler has never seen us in the yard.
MATTHEW PEAK (police-constable C 198.) I produce a certificate of he prisoner Hesters former conviction, which I got from Mr. Allen's office, he Clerk of the Peace, of Clerken well—(read)—the is the person who was convicted.
CUNNINGHAM— GUILTY . Aged 50.— Transported for Seven Years.
HESTER— GUILTY . Aged 45.— Transported for Fourteen Years.
WILLIAM RANDALL (police-sergeant F 11.) On Saturday night, the 4th of February, at half-past eight o'clock, I was in Carey-street, Chancery-lane, and saw the prisoner opposite Mr. Hepburn's premises—I watched at the corner of Carey-street, and in a short time I saw the prisoner coming towards me with this set of fire-irons—I said, "Where are you going?"—he said "To a customer"—I said, "I shall take you back; where do you work?"—he said, "At Mr. Hepburn's"—I took him back, and Mr. Hepburn said he had not sent them out, and then the prisoner acknowledged he had stolen them.
Prisoner. I intended to pay for them.
GEORGK HEPBURN . I live in Carey-street, and am an ironmonger. I know these fire-irons by the private mark which I had on the paper when they came from the manufacturer—I did not miss them, but they were brought back by the policeman—the prisoner was my porter—I had not sent him out with them—he leaves work at eight o'clock—this was about half-past eight o'clock on Saturday evening, just after I had paid him his wages—they are worth 18s.—he had not spoken to me about buying them—he had been three months in my service—I paid him 12s. a—week as porter—I a good character with him, and he had conducted himself well.
GUILTY . Aged 26.— Confined Six Months.
Second Jury, before Mr. Sergeant Arabin.
JOHN BLAKE . I live in Church-lane. The prisoner slept in the same room with me for about a fortnight—on the 4th of February I saw my wife's shawl under the bed when I got up in the morning, and she missed it about half-past five o'clock that evening—we had left the prisoner in the room—he was gone also.
Prisoner's Defence. A young man called me to go to work on Monday morning—when I was getting up he took the shawl and went out and pawned it—I accused him of it, and he pitched me the ticket and ran awav.
GUILTY . Aged 17.— Confined Three Months.
721. JOSEPH SPRINGAY was indicted for stealing, on the 30th of January, 1 iron cart, value 12s.; 1 cart wheel, value 8s.; 1 axletree, value 8s.; 1 pair of springs, value 12s.; 112lbs. weight of iron, value 3s.; 1 weighing machine, value 15s.; 3 cart-wheel boxes, value 6s.; and 3 iron weights, value 12s.; the goods of Charles Currell.
CHARLES CURRELL . I live in Haggerstone-lane, Hackney-road. This iron work was a cart that had been broken up—I kept it in the shed, at the back of my premises—I lost the arms on the 30th of January—the wheel had been gone before—I found it at an iron shop in Skinner-street—the prisoner is a perfect stranger to me—there was a pad-lock to the shed door.
ELIZABETH CURRELL . I am the prosecutor's wife. I say the prisoner on our premises on the 28th of January, in the shed—a person came and gave me information, and I went and asked what he did there—he said be wanted a night's lodging—I told him to go away, and he did—he was in the shed looking about.
SUSAN WICKS . My window looks into the prosecutor's yard—I saw the prisoner break the padlock off the shed-Door with a piece of iron—I then went and told Mrs. Currell—I saw him go into the shed and bring a piece of iron out, and as I came back I met him with a piece of iron on his shoulder.
WILLIAM DRAPER . I live in Barnet-street, Bethnal-green. I bought this iron arm of the prisoner—I asked if it was his property—he said it was, and it was of no use to him, it had been lying about above twelve months—he gave me a false name and address.
(Property produced and sworn to.)
JAMES PARKES . I bought the wheel of the prisoner—he said he had got an old wheel to sell, and wanted to know if any body would buy it—he did not ask me about it at first, but several people about called me in, and I bought it of him—from what I saw he appeared to have all his senses about him.
(Witness for the Defence.)
SPRING AY . I am the prisoner's mother. He was brought here two years ago, and was brought in "Not Guilty," on account of insanity, and was sent to a lunatic asylum—I have nine children, and it is out of my power to support him—he was kept here twelve months, and was sent from here to the parish to be taken care of—they kept him about two months, and then sent him home—we always supported him—he slept next door to me, not having room for him—I am afraid of my life now from his conduct—he threatens that he will make us suffer for all—sometimes he will go a week round and not speak to any of us—when asked if he wants more victuals, he will say, "Yes if you please," but that is all—at other times he will swear and use very indecent expressions indeed, not fit for the family—he has done nothing for his living—he was kept nine months in the lunatic ward in the workhouse before he was tried here, and when he came out he snatched a coat from a pawnbroker's shop in Shoreditch.
MR. M'MURDO. I am surgeon of the gaol. I have seen the prisoner as I have seen other prisoners—I have had no facts put before me to lead me to suppose him insane, nor has my attention been at all drawn to the circumstance.
GUILTY . Aged 23.— Transported for Seven Years.
Before Mr. Justice Bosanquet.
MESSRS. CLARKSON and BODKIN conducted the Prosecution,
EDWARD KEENE . I am fifteen years old, and am in the service of Mr. Hamilton Gill. I remember about Christmas, it being very snowy weather—I locked the stable-door, about half-past five o'clock—the night before the horse was lost, and hung the key up in the house—the chestnut mare was safe in the stable at that time—I went to the stable next morning, at six o'clock, and found the door open, and the mare gone—the lock was off the door, and hanging by one screw—I have since seen the mare at Worship-street, in the officer's possession.
MR. HAMILTON GILL . I live at Shenley lodge, near South Mimms, in Hertfordshire. On the morning of the 30th of December, I received information from my servant—I went to the stable, found it broken open, and missed the mare—I consider the value of it about 35l.—there were marks on the stable door as if it had been forced with some instrument—there was snow on the ground—I looked about, and observed the marks of the horse's feet, and of men's feet—there were marks of more than one man's feet—they pointed from the gate to the house, and from the house into the high road again—about a fortnight afterwards I received information from George Osborne; in consequence of which I came to town, and saw the mare in his stables—the mare belonged to ray brother, but had been in my care about two years—she was not clipped before I lost her—she was a darkish chestnut, with rather a long switch tail—when I found her at Osborne's, she had been clipped, and had a short, Docked tail—clipping a horse alters its appearance a little—it would prevent its answering a description which the owner gave of it—if a black horse is clipped, it becomes a lighter colour—I have known a grey
horse clipped, and part of it was black, and part mouse colour—it depend on the colour of the skin—I knew my mare again perfectly well.
Prisoner. Q. Was the mare lame when you had her? A. Sometimes he was, but she had been in the stable a long time—I do not know whether she was lame when she was stolen—she has never been in harness, to my knowledge—I do not know that she was a roarer.
MR. CLARKSON. Q. Would 9l. 10s. be a fair value for her? A. I should say, certainly not.
WILLIAM HENRY BUSH . I am a horse-clipper, and live at Stratford, in Essex. On the 30th of December, about eleven or half-past eleven o'clock in the morning, the prisoner came to my house—I was not at home, and he sent for me—I saw him at the Harrow public-house—I have known him three or four years—he asked me if I could clip a horse for him—I said I could—he said he had not yet purchased the horse, that she belonged to a little man inside, that there was 10s. between them, and he dare say he should have her, or he intended to have her—he said he wanted it done as quick as possible, for he wanted to show her—I went to the White Horse and Woolpack at Old Ford to Do her—that is about a mile from the Harrow—he went on first—I stopped to get my comb and scissors, and then followed him—he told me to come to the White Horse—I went and found him there, and there was a little dark man there, who looked a good deal like a Jew—I heard the prisoner ask him if he was to have the horse—he said, no, without he gave him the 10l., the prisoner said he would not have it unless 5s. or 10s. were thrown off, I cannot say which—the prisoner agreed to have it of him, and something was written on a stamp by the little man, which he gave to the prisoner—no money passed between them in my presence—we then all went into the, stable together—I found a chestnut mare there—she had been sweated a good deal, and was stained with sweat and dirt—she had no shoes on behind, and her tail was bleeding, having been fresh Docked—(I afterwards saw the same horse at Worship-street)—the prisoner paid me for the clipping—he walked on to the White Horse before me, and a man named Basset, who was with him, walked with roe to the White Horse—the prisoner could not have got there above two or three minutes before me—I never saw the dark man before—the prisoner and he talked very friendly together, but the prisoner told me he was a stranger to him—I should think South Mimms is nineteen or twenty miles from Bow—it it a cross-country road—the prisoner told me he had bought the mare for 9l. 10s.
Prisoner. Q. Did not I ask the man how long he had had her? A. Yes—he said he had had her four or five months, when she had been turned out in a box and kept on hay—I do not recollect your asking him what made her all over dirt, and in such a rough state; but I heard him say she had not been cleaned for a long time—I heard the man say, two or three days after, that it was his brother's mare, and he would not have sold her only he was short of money.
MR. BODKIN. Q. Where was it he said that? A. At the Eagle, in Mile-end-road—Osborne was there at the time—I happened to be in at Osborne's four' or five days after the sale of the horse, and Basset came in there, and shortly afterwards the little man and the prisoner came in.
GEORGE OSBORNE . I am a pork-butcher, and live in Wentworth-place, Mile-end-road. I know the prisoner—on Tuesday, the 3rd of January, I exchanged a bay horse with him—I received from him a chestnut mare, clipped
and with a docked tail—on the Monday evening previous I had seen the prisoner with the dark Jewish looking man—Basset came to my house first, and then the prisoner and the little man came—it was between five and eight o'clock in the evening—Bush was at my house at the time, talking to me—I have known him some years—we all went to the Eagle tavern, next door but one to me—we stopped there five or ten minutes I believe, and had a glass of ale—I came back to my house—we exchanged horses the following day—we had no dealings at the Eagle—we talked about it—there was a difference of opinion between the prisoner and myself at to the value of the horse—I wanted 5l. in money for mine, and he wanted 5l. for his, making a difference of 10l.—he never gave me the price of his mare as I would not buy her right out—I wished to exchange—my horse was worth about 25l.—the prisoner came to my house the following day about one o'clock—I believe he was alone—when he came Bush's father and a Mr. Green had come to purchase my horse—the witness Bush was not there—the prisoner called in, and we all went over to my stable together, to look at my horse—Basset and the little man were not there—the prisoner's man, who went by the name of Tom, was sent by the prisoner for his mare—I have known the prisoner about three years, and always understood him to be a horse-dealer—his stables were then at Hackney, but I have bought horses of him at stables in town—I do not know that he had any stables at this time—the man brought the mare, and we then exchanged one horse for the other—no money was given on either side—shortly afterwards I had suspicions that the mare was stolen—I went to Mr. Gill and told him of this—I cannot say whether Basset and the prisoner were in partnership—I have heard the prisoner say they had stables together, and paid 8s. 6d. a week for them—he said so at the time I purchased the horse, which I exchanged for Mr. Gill's—that was about six weeks before Christmas—I bought that horse of the prisoner out of a stable where Basset's name was on the gate—the prisoner said he and Basset rented the stable together—it was at Hackney or Homerton—I do not know that they rented any stable at the Woolpack.
Prisoner. Q. When I went to the Eagle, did not the little man say he would not sell her if he was not short of money, and that it was his brother's? A. Yes; You told me he had a pony-chaise and harness for sale—I did not hear the little man himself say so—You said he knew more about the mare than you did—he told me he had sold her to you—I had given three sovereigns and a grey mare for the bay horse—the prisoner sold the grey mare to a friend of mine for 15l., I understand, but when I exchanged that mare it was in poor condition—he did not wish me to buy her, but to keep and work her, as she was ill—but when I exchanged her with the last one she had got in good condition, and was worth more—the chestnut mare was rather low in condition, she was lame—her leg was swollen inside—I discovered that she roared a little—I never put her into harness—he told me she would jib in harness, but I never tried her.
MR. CLARKSON. Q. Did you pay him part of the money for the bay horse at Worship-street? A. Yes I did—when I exchanged the grey more for the bay horse I gave him two sovereigns, and was to give him two more, if he sold her for only 14l. or any thing under—he sold her a few days before his apprehension to Mr. Webb for 15l., and we settled the difference when he was in custody—Webb has paid for the grey horse since he has been in custody—I think I saw the little man on Saturdays
the 31st of December—he must have been either with the prisoner or Basset, I cannot say which—I cannot say where it was I saw him I cannot positively say that I did see him, but I have a faint recollection that I did—the prisoner and he seemed friendly, they were drinking together—but the prisoner said he was a perfect stranger, and he did not know who he was—that was on the Monday—the name of the little man did not occur at all—I should say about three weeks previous was the first time I saw Basset, he was then with the prisoner—the little man was with us when the prisoner and I exchanged horses.
WILLIAM HOLLAND . I am a policeman. On the 26th of January the prisoner was pointed out to me in the parlour of the Cock and Magpie public-house, Worship-street, by Mr. Osborne, as the man he had purchased the horse of—I asked him whether he had sold a horse lately to Mr. Osborne—he said he had—I asked where he got it from—he said he bought it of a man who he knew well, of the name of Jenkins—I asked if he could find him—he said he could—I then told him the horse was stolen, and took him into custody—he said, "I bought it, and have got a receipt for it, at least my wife has at home"—that was all that passed—Osborne was present during the whole conversation—in consequence of what the prisoner said, I went to some stables in Worship-street, and found a female up stairs, who answered to the name of Bradfield, and she showed me a paper which I gave her again—the prisoner's solicitor afterwards produced it at the office, and it remained in his possession, I believe.
Prisoner. Q. Should you know the receipt again if you saw it? A. Yes; this is it—(looking at it.)
MR. CLARKSON. Q. Was the name of Jenkins to that receipt? A. No.
Prisoner's Defence. On the Friday morning Basset and the little man came to me, about nine or ten o'clock—they told me, if I would go to the White Horse Old Ford, they had got a mare they would sell me—I went and looked—they asked 10l. for her—I bid 9l. 10s.—they said they would not take it, and I went away—I thought they would let me have her, and I went to Bush and told him I thought I should buy her, and to clip her for me, as she was very rough—he said he would, and charged me 15s., which I paid him after he clipped her—when I went back, the little man, (who gave his name Simpson, I think,) said, if I liked to give 5s. more I should have her—I said I would not give him more, and after a little while, he said I should have her—I told him if he went home with me I would pay him, if he would give me a receipt—he said he had got a stamp in his pocket—he then wrote it out and went home with me, and I paid him—I have a witness named Pledger, who can prove I was at home on the Friday night it was stolen—(receipt read)—"December 30th, 1836—Received of Mr. Bradfield the sum of 9l. 10s., for a chestnut mare, with all her faults—W. Simpson."
ROBERT EDWARD FRANCIS . I live at Old Ford with my mother, who keeps the White Horse and Woolpack public-house. I know the prisoner by seeing him at our house—I did not see him give any money for the mare, but I saw him dealing for it—there was a receipt passed in our perlour for the mare, between the prisoner and a person named Simpkins, think—I did not know the man—Tom, the prisoner's young man, brought the mare there between seven and eight o'clock that morning.
MR. CLARKSON. Q. Did you ever see any dealing for horses at the White Horse before? A. No—I have been there one Year next May—I never saw the prisoner take any receipt for a horse before—I took this
horse in, and waited upon them in the parlour—two horses came, a chestnut and a grey one—I have not seen the grey since—the horses were very cool, and the mare had a cloth on her when she came to our house, as though the had just come from a stable—she had no head-cloth—she was not sweated at all, nor dirty—the snow was on the ground at the time—she had her two fore-shoes on, hut no shoes behind—I believe it was between eleven and twelve o'clock when I saw the prisoner—I had not seen him that day before—I don't know where he lived—Basset the little man and the prisoner came in together.
WILLIAM LOCKWOOD . I live at Stratford. I saw the prisoner buy the mare at Mrs. Francis's, at Old Ford, of a little man—I can't tell his name—I never saw him before nor since—I saw no money paid, but I saw the I receipt given.
THOMAS WIBB . I am a veterinary surgeon, and live at Ware. I have known the prisoner eight or nine years—I always believed him a very upright man in his dealings—Osborne and the policeman came to me to inquire for the prisoner, and I told them where to find him—I went to his home—I found him at a public-house, and told him the officers were after him for horse-stealing.
MR. CLARKSON. Q. Did you buy the grey mare? A. I did—I had teen her often before I bought her—I don't think I was in town on the 30th or 31st of December—I never was at Old Ford—I am not a horse-dealer, and never was—I have no forge at Ware—I have stables for four or fire horses there—I have seen Basset three times—I do not know a man named Simpkins or Jenkins—I know Bush—he has clipped horses for Be—I know Lockwood—he was my father's servant some years—I had bought horses of the prisoner before I bought the grey mare—the grey mare was the last I bought—I did not intend to buy her—I had asked him to look for a horse for me, and he said, "You can take my grey mare, and work her till I get another for you;" but since he has been in prison he wanted the money, and I have paid him for it—I have not beard that the grey mare was stolen—nothing of the kind—no inquiries have been made about her—I have known her for years—Osborne had her before he did, and before that, Searle, of Loughton—I cannot say exactly how many horses I have bought of the prisoner—it may be eight or ten, and two or three perhaps within the last twelve months, for my own use—I went to his house the day he was apprehended, but he was not there—I had not seen him before I went there—I saw him about five minutes after I had been there—his house is in a yard in Worship-street—he has an apartment there—when I went there I got a piece of paper from there, and burnt it—I went to the house for the prisoner, as I was ordered by Osborne and the officer—he was not there—from there I went to the Magpie and Cock—I can explain what the paper was which I burnt—the prisoner wished me to pay him for this mare, and asked me to lend him 10l. or 15l.—I told him at the time it was rather inconvenient, but he could have it by-and-by—he said, would I accept a bill—I said, "Certainly"—when he was taken into cuatody, I said to him, "That bill, of course, is of no service to you"—he said no, and if I asked his wife for it, she would give it to me—I then burnt it—it was a bill for 32, which I had lent him about ten day or a fortnight before he was taken—no other name was on the bill but my own and his—I did not notice any name—I did not pay that attention to it—I did not look at the back—the prisoner found the stamp and drew the bill—he did not buy it in my presence—I swear that—
I did not notice the amount of the stamp—the bill was written at his own apartment, his wife was present at the time it was written, but nobody else.
Q. Will you swear that positively? A. You ask me almost too close a question there—I don't remember any more—I will swear there was not more than one other man present besides myself and him—I don't know that there was another man—I can't say that Basset was there, or that he was not.
Prisoner. Q. Did not you examine the chestnut mare? A. I saw her on the Tuesday—I cannot remember the day of the month—she was lame in all four legs, and with spavins in both hind legs—there was an enlarge, ment on the near fore-leg and a navicular lameness of the off fore-leg, and she was a high-blower—a roarer.
MR. CLARKSON. Q. She was not worth a 5 note, I daresay? A. She was not.
MR. CLARKSON. Q. Pray, had you the good fortune to find any other horse that was stolen? A. Yes—on the 14th of February, since the prisoner has been in custody—it belonged to Mr. Packer, a surgeon, at Hoxton—I understood the prisoner had sold it to Mr. Martin—Webb came to my house, and I asked his opinion of the chestnut mare—he told me she was not worth 10l., and advised me not to buy her.
(Samuel Waldock, Great Chesterfield; William Ryder, smith and iron-founder, Saffron Walden; James Newman, omnibus proprietor; James Kerrison; William Lowe, coach proprietor; Thomas Sheldrake, Great Chesterfield; and Thomas Rumble, farmer, Clapton, deposed to the prisoner's good character.)
GUILTY . Aged 25.— Transported for Life.
(There was another indictment against the prisoner.)
Before Mr. Justice Coltman.
723. ANN LLOYD was indicted for feloniously breaking and entering the dwelling-house of Mark Davis Knight, on the 10th of February, at St. John at Hackney, with intent to steal, and stealing there in, 1 shawl, value 8s., the goods of Ann Gillett.
ANN GILLETT . I am servant to Mr. Mark Davis Knight, who lives in the parish of West Hackney. On Friday the 10th of February, about five o'clock in the afternoon, I went up stairs from the kitchen, and came down again in about five minutes—I had left the doors shut—there are two kitchen doors—one of them opens into the yard, and the other into a little hall—I went through that door to go up stairs, and left that door open—the door opening into the yard was shut and latched—there is no other door leading into the yard but that—there is one window at the back of the kitchen, and one in front—they were shut and fastened—when I came down I found the yard door open, and my shawl gone—I had seen it hanging on the inner door when I went up stairs—I ran to the yard door, and went out at the gate—a young woman opposite gave me information, and showed me the prisoner, three or four rods from the gate—she could not hear what was said to me—she was walking on the road—I ran after her—she asked me what business I had after her—I told her I was after my business—I called to somebody in the road to fetch a policeman—she began to run then, and ran a very few steps—I kept up with her—
she gave over running, and turned down St. John-street—she walked to the bottom of that street—it is not a thoroughfare, and she turned back again, and came to the top of the street—I met a policeman, and he asked what was the matter—I gave her in charge for stealing my shawl—he asked her where the shawl was—she said she had not got it, and did not know any thing about it—she was then brought to master's house and in the yard a young woman lifted her cloak up, and found the shawl tucked underneath her arm—it was the one I had lost—this is it—the prisoner said she had bought the shawl, and gave 1s. 9d. for it—when I first said she had got the shawl, she said she had not been near the house—nor near the door.
JAMES PLAYFORD ( police-constable N 3.) On the 10th of February, a little after five o'clock, from information I received, I ran down the Stoke Newington-road, and when I came to the corner of John-street I saw the prisoner coming up the street, followed by two young women—I ran down and met them—the prosecutrix said, "I give this woman into custody for stealing my shawl"—I asked the prisoner where the shawl was—she said she did not know, she had not seen it, and knew nothing of it—I took her back to the house where the prosecutrix lived, and the young woman lifted her cloak up and found the shawl under her arm—I asked her how the got it—she said she had bought it of a woman—Mr. Knight's house is in the parish of St. John, at Hackney.
(Property produced and sworn to.)
Prisoner's Defence. The young woman who gave her information, sold me the shawl—she cried out in the road, and got a parcel of boys to come round me, and I said, "That is the woman I bought the shawl of—I gave her 1s. 9d. for it.
GUILTY . Aged 55.— Confined Twelve Months.
Before Mr. Justice Park.
724. ELIZABETH WILSON, LYDIA WILD , and MARY ANN BRADY , were indicted for feloniously having in their custody and possession a certain mould on which was made and impressed the figure and apparent resemblance of the obverse side of a shilling.—2nd COUNT, stating it to be the reverse side.
MESSRS. SCARLETT and BODKIN conducted the Prosecution.
ROBERT DUKE . I am an officer of the police. On Monday, the 6th of February, between six and seven o'clock in the evening, I went to No. 2, Charles-street, Drury-lane, accompanied by Reynolds and Ashton—I found the outer door of the house open—we went up stairs to the first floor back room—the door was fast—I burst it open, and found the three prisoners in the room—Wilson was Bitting on a chair in front of the fire by the side of a table—there was a good fire, and a candle burning—on my entering she immediately rose from her seat, and leaned forwards to the fire-place—I perceived that she had taken something white from the front of the fire-place, she endeavoured to break it with her hands—I seized her hands, and in the scuffle she fell on the floor, and I found what she had in her hand was these pieces—they are different portions of a mould, and are made of plaster of Paris—the other two prisoners were standing by the fire-place—I proceeded to search the room, and found in the table drawer this Knife with plaster of Paris on it—I observed in front of the fire an old shovel stuck into the bars; that appeared to be the spot where the mould was taken from—it formed a sort of ledge, and would have kept the mould
hot, and it was quite hot when I got it—when we were going to the office with the prisoners, Reynolds called to me, and then Wilson laid, "You can't blame me for breaking it, as I did it for my own safety."
WILLIAM REYNOLDS . I went with Duke, and followed him up stairs—when I entered the room I seized Brady on the right band side of the fire-place, where she was standing—I kept her in custody till the other officers, came, and I then delivered her over to Palmer—are the prisoners were all secured, I searched the room, and on the left hand side of the fire-place I found a small bag on the ground—it contained some powder of plaster of Paris—between the bars in the fire-place I found an old shovel stuck in, and a piece of brown paper in it with plaster of Paris on it—on the hob I found two pieces of broken moulds—I brought Wilson away with me, and on the road I said to her, "You seem very much agitated"—she said "Yes"—I said, "You are engaged in a dangerous business"—she said, "You can't blame me for breaking them for my own safety, if I get over this you shan't find me at the like again."
WILLIAM BAKER ASHTOK . I am a police-sergeant. I accompanied the other officers—the first thing I saw on entering the room was Duke take hold of Wilson—she fell on the floor, and I found a good sixpence where she fell—I saw Duke take some plaster of Paris from her hand, which was quite warm—it was the pieces that have been produced—I found on the left hob, this iron spoon with some metal in it, and close by the spoon I found this little piece of plaster of Paris—under the stove in the ashes I found several pieces of plaster of Paris, which appear to have been moulds for casting money—on the mantel-piece I found this metal spoon; and part of an old knife with plaster of Paris adhering to it, in a table drawer in front of the fire, and a small file with white metal adhering to the teeth of it—I took the prisoner Wild into custody.
CHARLES PALMER . I am a policeman. I took charge of Brady, and conveyed her to Hatton-garden—on the way to the office she said, "It was a good job you did not come last night; if you bad, You would have found a good lot of us."
WILLIAM HALL . I am an officer—I went to the room—I searched Brady and Wild, but found nothing on them—I took another person into custody, who was afterwards discharged—as I was going along with that person, she said, in the prisoner's hearing, "Never mind; what are you crying for?—they can't hang us, but I suppose we shall get lagged"—before we left the room I asked Wilson if she lived there, and she said she did—I asked her where the landlord lived—she told me the landlady lived down the street, next door to the public-house—I fetched her, and gave her in charge of the room, as the said it was let furnished.
JAMES RAY . I am a tailor. I live in the front room of the home—the prisoners occupied the back room—Wilson lived there about three weeks—I the door was always latched—I have seen people coming back wards and forwards—they knocked before they went in, and were asked who they were before the door was opened—Brady lived there for a few days, but never saw Wild before.
JOHN FIELD . I am one of the inspectors of his Majesty's Mint. The mould produced by Duke is plaster of Paris, and intended for carting shillings—these two parts formed an entire mould before they were broken—it has been quite perfect, but I do not believe it has been used—on one half is the impression of the obverse, and on the other a considerable por tion of the reverse side of a shilling, and the graining of the edge is here—
here is a new white metal spoon, which is the metal usually used to make counterfeit coin—here is a small file, which may be used to finish the coin I when cast, and it has white metal in the teeth of it now—this iron spoon might be used to melt the metal, it has metal in it now—the other things are such as would be useful to persons making counterfeit coin—no counterfeit money has been found.
Wilson's Defence. I do not belong to the room—I merely went to stop there, as I was very ill, but as to making them I did not—the person who was nearest the fire knocked the mould out, and it fell under me when the officer knocked me down.
Wild's Defence. I do not belong to the room—I went there to see this You ng woman—I was not in the room five minutes.
Brady's Defence. I do not belong to the room—I was never there before.
WILSON— GUILTY . Aged 19.
BRADY— GUILTY . Aged 21.
Transported for life.
WILD— NOT GUILTY .
First Jury, before Mr. Recorder.
725. GEORGIANA CLEMENTS was indicted for that she, having been convicted as a common utterer of counterfeit coin, did afterwards, on the 31st of January, feloniously utter and put off a counterfeit shilling to Edward William Thompson; well knowing the same to be counterfeit.
Messrs. SCARLETT and BODKIN conducted the Prosecution.
CALEB EDWARD POWELL . I am solicitor to the Mint. I produce a copy of the record of the conviction of Georgiana Clements and another, at the September Sessions, 1835, in this Court—I have examined it with the original record—it is a true copy (read).
EDWARD WILLIAM THOMPSON . My father is a baker, in Seymoar-place, Marylebone. On the 31st of January the prisoner came to our shop for a penny loaf, and gave me a shilling in payment—I looked at it, and saw it was bad—I went to the parlour door and called my father out, and gave him the shilling—he came to the counter to the prisoner, and lent me for a policeman—I could not find one, and came back—the prisoner then went out—I followed her for about seven minutes—I then met a policeman, and he went with me down Edgeware-road—we saw her running, and stopped her at the corner of Berkeley-street—I had the bad shilling in my hand—my father had returned it to me—I gave it to Marlow.
Prisoner. A woman came into the shop and bought some rolls, and she asked to look at it—it was given to her, and she had several other shillings in her hand. Witness. A person came in for some cakes, but the shilling was not given to her in my presence.
WILLIAM THOMPSON . My son called me into the shop, and I saw the prisoner there, and no one else—I asked how many shillings she had of the same sort—she answered me very improperly—I said, unless she could give me some account of herself, I should put her into the bands of the police, as I suspected she was a passer of base coin—I said, "You will certainly give a good account of yourself at the police-station"—she said, "Perhaps I may, and perhaps I may not"—I sent my son for a policeman,
and kept the shilling in my possession till he returned—he said he could not find a policeman, and the prisoner walked out of the shop with a quick step, and said, "If you want me, You must follow me"—I afterwards gave my son the same shilling—it had not been out of my hand—I did not part with it to any body but my son.
Prisoner. The woman had a black bonnet on, trimmed with crape; she had a good deal of silver in her hand—she bought four rolls, and said, "I have paid for these." Witness. It is not true; that did not happen in my presence.
MICHAEL MARLOW . I am a policeman. On Tuesday evening, the 31st of January, I met Thompson and went with him after the prisoner into Edgeware-road—I there saw her running—I overtook and secured her—the shilling was given to me by the boy in the shop—I marked it in the presence of the father and son and the prisoner—she said, in going back to the shop, "Had I known that young b——had been following me I would have lamed him"—I said to her, "I think I have seen you before; is not You r name Hayton?"—she said, "No, you are not far from it; it is Yates," or something—she was searched at the station, and a good shilling found on her—she said, "They can do nothing to me, for there is only one piece."
Prisoner. Did not you know me by being acquainted with your cousin, and your cousin's brother was convicted with me before—did not You say to me, it is a very wet night, old girl—but never mind you cannot be hurt, for Powell does not know you, does he? Witness. I never said any thing of the sort—I do not know the name of Hendry—I know Job Humphries, a notorious character, whose brother married a cousin of mine—the prisoner said at the office, "Will Powell be here to-night, because if he does, he will know me"—in taking her to the office it rained very hard, and I said, "You will get wet through, let us get under a shed"—it was not raining when she was taken—it was a very fine night.
JOHN FIELD . I am inspector of coin to his Majesty's Mint. One of the shillings produced by the officer is counterfeit, and the other is good—the counterfeit one is not of the same impression as the genuine one—it is Britannia metal. (The prisoner put in a written defence, stating that she was not aware the shilling was bad—that she remained a quarter of an hour in the shop for a policeman before she left—and it beginning to rain, caused her to run.)
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
JAMES PEARCE . I am the brother of Elizabeth Pearce. I was present at her marriage on the 9th of March 1829, at St. Marylebone, to the prisoner—I have an examined copy of the register—I saw my sister last night alive—I gave the prisoner into custody last Wednesday week—he said, "I hope you do not mean it, James?"—he was taken to the station and said, "I hope you wont be cruel, James"—I said, "Christie, you have brought it on yourself, I am sorry for it, but you should have known better"—my sister had four children by him, and two are living. Cross-examined by MR. PHILLIPS. Q. Was it by the direction of his first wife you had him taken up? A. No—my sister did not give any directions on the subject to me.
she has been supported lately by her own exertions and my assistance—her last situation was with Mr. Gordon in Wimpole-street—the left there in December last, and since that, has been lodging with me, and I support her—the prisoner has not contributed to her support at all—she has two children—he has allowed 5s.a week for the little baby, who is out at nurse—it is two years old—he did not allow it to his wife, but to the nurse—he has done nothing for his wife, nor yet clothed the other child—he has lived with Lord Garva since January two years as butler.
Cross-examined. Q. Did not he allow 10l. a year for the other child? A. Certainly not, for the child has been with me—both the children were put to the same nurse—I took one away, because it was ill—while it was with the nurse, he was paying 10s. a week for both—that was but for a few months—it was allowed till I took it away last Christmas twelve months as I thought the nurse did not attend to it properly—they were fond of the other and did their duty by that—I am not in service—my husband is keeper at the Rolls Court at Westminster—the prisoner has sent money to his wife since they separated, but not lately—she was a year and ten months in the country with my friends—she has not received a farthing from him since last August twelve months—before that, she did have some weeks 5s. and some weeks nothing at all, but perhaps some weeks 9s. or 10s.—she was keeping the children herself then—I do not believe he ever gave her more than 10s.
MR. CLARKSON. Q. does your sister know of this prosecution? A. Yes, it was at her desire it has been instituted—she has been very ill used by him—he has not allowed her a farthing since August twelve months.
COURT. Q. Do you know of their having any quarrel when they separated? A. No—he brought her to poverty, and then deserted her—he did not allow her sufficient from his earnings—he said he had fifty guineas wages—she went into lodgings on the 6th of April, and remained there till the 8th of September—she paid her lodging out of what he gave her—she could not go into service, having two children—when the children were put to nurse, she went out as wet nurse, but could not stay, she advertised for a situation but could not succeed, being married—I applied to the prisoner myself to let her have the 5s., which he allowed for the little baby, but could not get it.
AMELIA BULLIED . I was lady's maid to Lady Garva for more than six years. The prisoner was butler there for a year or two years—I left Lady Garva some time last year—I was married to the prisoner—I do not know how long ago—I was married at Hampstead—I do not recollect at what parish—I do not know whether it was in November, December, or October—I was married to a man of the name of Christie—I believe it was the prisoner—I have no doubt of his being the man—I did not know whether he was married or single—I never believed him to be a married man—I asked him the question about a fortnight ago—I did not ask him pointedly Wore I married him—the thing has been brought up, but I never asked him pointedly—I believed him too respectable to marry a second wife—I took that on trust, and never asked the question—he did not tell me whether he was single—it was in the autumn of last year that I married him.
COURT. Q. Were you ever married before, that you do not recollect when you were married? A. I never thought it worth bearing in mind.
SAMUEL STEVENSON . I am parish clerk of St. John, Hampstead. I have the original register of marriages—I remember we had a marriage on the 12th of November, but as to the people, I do not know—I cannot say
whether the last witness is the person—if she is, she was dressed very differently to what she is now—I have signed the register as a witness—I have no doubt I was present at the marriage—I cannot say I remember the prisoner.
Cross-examined. Q. Pray, when parties are married by licence, it then any consent required? A. I cannot exactly say what the licence says, but that is our authority to go by—the entry is, "Marriage solemnized in the parish church of St. John, Hampstead, Middlesex, 1836; Alexander Christie, of the parish of St. Margaret, Westminster, bachelor, and Amelia Bullied, spinster, married in this church by licence, the 12th of November, 1836."
GUILTY . Aged 32— Confined Twelve Months.
727. THOMAS MANN was indicted for stealing, on the 3rd of November, at St. Matthew, Bethnal Green, 2 bags, value 4d.; 5 sovereigns, 10 half-crowns, 2 shillings, and 1 sixpence; the goods and monies of Joseph Webb, his master, in his dwelling-house.
JOSEPH WEBB . I am a toy-manufacturer, and live in Swan-street, Bethnal Green. I have known the prisoner about fifteen years—he was in my service about twelve months—on the 3rd of November I missed two bags from my bureau, containing five sovereigns, ten half-crowns, and 2s. 6d., which I had put in there at nine o'clock that morning—the prisoner lived in the house—I found the bureau forced open—I had left it locked—I discovered this about eleven o'clock in the morning, about two hours after I had put the money there—my wife discovered it first—the prisoner had been to do some work nine days before the robbery, and went away without finishing it—he came in that morning, as I thought, to finish it—I first saw him about a quarter before eight o'clock—the work shop is on the third floor, and the bureau on the second floor—he had been at work in the workshop that morning—I found the door of the room locked—the key was not in the lock—it was down stairs, where it was always kept, in the kitchen—he had no access to the key—I know he left the workshop between nine and eleven o'clock, to go down into the yard—he was several times up and down stairs that morning—I have not found any of my money—he went away about eleven o'clock, before we made the discovery—he did not say he was going—he was found at the Weavers' Arms, Baker's-row, Whitechapel, last February—he had not returned, and I did not know what had become of him.
Cross-examined by MR. PHILLIPS. Q. How many persons were there in the house that day? A. A journeyman and a servant girl, besides two of my own sons, and my wife—the workshop is above my bed-room—he would have to go up and down stairs to the workshop—I never knew him go away but twice before, and he came back both times—he stopped about nine days once, and the other time about a week—I let him come again out of kindness, knowing him so many years—I was like a brother to him.
MARGARET WEBB . I am the prosecutor's wife. I had occasion to go to the bureau on the morning of the 3rd of November, twice—I left five sovereigns, ten half-crowns, and 2s. 6d. in it—one sovereign, and the silver in one bag, and four sovereigns in the other—I left the bureau locked and put the key into my pocket—I locked the room door, and brought the key down, and hung it on a nail in the bed-room on the first floor—when
I came out of the room then, I saw the prisoner on the stairs—I did not see him after—when I up the second time I opened the bed-room Door with the key to get some money, and found the burean open, and the bag and money gone—that was about eleven o'clock, or a few minutes before—I found the key of the room door on the mantelpiece, and not on the nail where I had left it—I had put it on a nail in the kitchen—I had seen the prisoner in the kitchen that morning several times before I went up stairs the second time, but thought nothing of it—I saw nothing more of him till he was in custody.
Cross-examined. Q. He would have occasion to go in and out of the kitchen, I suppose? A. I have known him so long, we did not think any thing of it—I never knew him go away but one week before—he was from home one week at one time, and nine days another—my son Robert, a journeyman, and a female servant were in the house.
ROBERT WEBB . I am the prosecutor's son, and am thirteen years old. On the morning my father lost his money I was in the workshop with the prisoner—he went down stairs several times, and would pass the door where the bureau was kept—the journeyman was in the workshop—I went down into the cellar that morning, and the prisoner was sawing off some naves—he asked me whether my mother was gone out—I told him, yes, she was—he said, because he wanted to go and light his pipe—that was about five minutes before elven o'clock—in few minutes I found he was gone—I did not see him again till he was apprehended—I know nothing about the money.
MARY JOHNSON . I am the prosecutor's servant. On the morning in question, mistress went out about eleven o'clock—I went down into the celler for some water, and met the prisoner coming up the celler staris, very quick—I got the water, and then went into the lower room where the key hung—the prisoner came into that room about five minutes after, and stood against the fireplace—I cleaning the hearth—the key was afterwards found on the mantelpiece of that fireplace—I did not see him again till he was in custody.
Cross-examined. Q. Did you see what he was doing at the hearth? A. No—he might be lighting his pipe—I heard no noise about the mantelpiece.
THOMAS WHISKING . I live in Queen-square, Bethnal-green. On the 3rd of November I was journeyman to Mr. Webb—the prisoner had been absent for nine days, and came back to his work at seven o'clock that morning—he was going up and down stairs—he went down first about nine o'clock in the morning, he came up about half-past nine o'clock, and asked me to lend him a penny to buy him some tobacco—he did not come back into the workshop after that—I remained there some time—he brought some naves up stairs—I was in the workshop when the alarm was given—I do not know when the prisoner went out—my master was with me from half-past ten to eleven o'clock, when the alarm was given—from the time the prisoner borrowed the penny—master was in the shop at that time.
Cross-examined. Q. About what time did he ask for the penny? A. About half-past tem o'clock—I said at the police office, master was with me from ten to eleven o'clock—he came into the shop about half-past eight o'clock—he was not out of the shop from ten to eleven o'clock—before that he had been up and down stairs.
MRS. WEBB re-examined. I went to the bureau the Last time, and saw the money safe at half-past ten o'clock, and missed it a little before eleven o'clock.
MR. PHILLIPS called
HENRY WEBB . I am a toy-maker, and live in Winchester-street, Water loo-road, and am the prosecutor's brother-in-law. I saw the prisoner between the 9th of November and 7th of February, and spoke to him at Mile-end, and he came to my house—I believe he was looking for work—I do not know where he lodged—he was easy to be found—the prosecutor's wife said she knew he was at work for another brother of ours, between the time of the robbery and his being apprehended.
MRS. WEBB re-examined. A person named Cook applied to me for money, which was the cause of my going up the last time, when I discovered the bureau broken open—I had been to it before for money for a person who brought in goods—neither of them could see the money, for they were below stairs—I do not know where the prisoner was at work after he left us.
Cross-examined. Q. Did you or your husband tell the prisoner's father that you knew he was at work for a fortnight with the witness's brother? A. No, I did not, nor did my husband, to my knowledge, say any thing of the kind—I did not know where he was to be found between the 3rd of November and the 9th of February—we had him apprehended as soon as we heard of him.
COURT. Q. Did you hear the evidence of the man who said you knew he was working with his brother? A. Yes, and I know it to be false—I never told him so.
MANN. I am the prisoner's father. Mrs. Webb told me she knew my son was working for a fortnight or ten days with that man's brother, the toy-man—she told me so yesterday or to-day.
COURT. Q. In what way did Mrs. Webb tell you this?—did she say she was making inquiry to find your son, and heard he had been working at some place? A. No—it was in private conversation among ourselves—I asked her what became of the boy, and she said she knew he had been at work for her husband's brother for fourteen days.
MRS. WEBB re-examined. I said I had heard he was working for my husband's brother, but I never said he really was so—I was not making inquiry to find where he was—my husband and his brother are not on good terms.
HENRY WEBB . I deny that there is any enmity between us—the prisoner was at my house one evening, while they say he was not to be found—he did not work for me, but for my brother—he is a toy-maker—I saw him there once—my brother is not here—I believe he is on good terms with the prosecutor.
THOMAS WEBB re-examined. I have a brother besides the witness—I was not aware that the prisoner was working for him—I never beard I till since his apprehension—I did not call on my brother between November and February, and had no means of knowing.
NOT GUILTY .
728. JOHN TAYLOR was indicted for feloniously breaking and entering the dwelling-house of John Tomlinson, on the 6th of February, at St.George, Hanover-square, with intent to steal, and stealing therein, 12 yards of woollen cloth, value 12l., the goods of Christian Stultz.
CHRISTIAN STULTZ . I live in Berners-street, but my shop is in Maddox-street—the house belongs to John Tomlinson, who occupies part of it. There is an internal communication between the shop and the rest of the house—on the evening of the 6th of February I was in the counting-house, and heard the shop door open, and on looking through a small window, between the shop and counting-house, I saw a piece of cloth taken off the cutting board, and taken out through the door, but I could not see the person who had it—I went out, and saw the prisoner with it, on his shoulder, in the street—I laid hold of him, and he dropped it, and struggled, but I kept him, and took him back to the shop—the cloth was picked up and brought to the shop by another person—I gave the prisoner in charge of a policeman—it is my property, and is worth 12l.—the prisoner had got three doors down the street when I took him—I am tore the door was shut before.
Prisoner's Defence. I was coming by the shop, and saw a young man come out with the roll of cloth under his arm—he asked me to carry it, and had no sooner given it to me than the prosecutor rushed on me, and dragged me into the shop.
MR. STULTZ re-examined. There was a person immediately behind him when I stopped him—when I got him into the shop he said somebody had given it him to carry, but it was a long time before I got him into the shop—he struggled to get away.
GUILTY [Recommended to mercy by the Prosecutor and Jury. See original trial image.]. Aged 16.— Transported for Life.—Recommended to mercy by the Prosecutor and Jury.
NEW COURT.—Thursday, March 2nd, 1837.
Fifth Jury, before Mr. Common Sergeant.
MR. ELLIS conducted the Prosecution.
THOMAS COWELL . I am a butcher, and live at Knightsbridge. On Tuesday, the 31st of January, the prisoner came to my shop—for half-a-pound of steak, which came to 3 1/2 d.—he offered me a shilling—my shopman served him—I took the shilling of him, and gave him change myself, and in returning from him to the counting-house I looked at the drilling—he turned to go out of the shop—I sounded the shilling, and found it bad—I went after him, and he was gone from my door—I told my shopman, who followed him, and called after him—he directly turned round, and began to run—my son drew up in a pony cart—I started my son, hut he was caught before my son got to him and brought back—I asked how he came to offer me that shilling—he declared that he did not bow it was bad—the policeman was there, and he took him into the back room—during the time he was there two persons came in with eleven shillings, which were delivered to the policeman—the shilling I took I marked, and gave to the policeman—it had been in my custody till I gave it to him.
JAMES BEDFORD . I am a carman, and live in Upper Gillingham-street. saw the prisoner running down William-street, and a great many persons after him, crying, "Stop thief—I purs led, and when I was getting up to
Him, he said, "Don't stop me, it is for a bad shilling"—I ran him a little further, and saw him throw some things over a fence—I brought him back, and went back and got over the fence, and picked up seven shillings, loose in among the grass—I brought them back and gave them to mr. Cowell—another man was running by and they both threw something away—they were running in company—the other got off—the prisoner there his away first, and the other six or seven feet from the same place.
THOMAS THORP . I am a labourer, and live in May's-buildings On the 31st of January I was in William-street, and saw the prisoner in Bedford's custody—I went back with him and got over the fence—I found four shillings—I brought them back to Mr. Cowell's.
JOHN BEST (police-constable B 24.) I was on duty, and met the prisoner coming back towards Mr. Cowell's shop, in custody of Mr. Cowll's man—I took him to the shop—Mr. Cowell gave me one shilling and then eleven others—the one shilling is marked, the others are not—nothing was found on him.
Prisoner. The policeman took the change out of my right hand.
GUILTY . Aged 18.— Confined Six Months; the Last Week Solitary.
WILLIAM CHARLES COLE . I am servant to Abigail Cole, a tobacconist, of South-row, New-road, St. Pancras. On the 12th of February, the prisoner came for half an ounce of shag tobacco, he tendered me a shilling, I gave him change and he went away—I kept the shilling in my hand—immediately he was gone I bit it, and found it was bad—I marked a piece of paper, with the day of the month, rolled the shilling in it, and put it into my trowsers-pocket—on Saturday, the 18th of February, he came again for half an ounce of shag tobacco, and offered a shilling—I Looked at it—I knew him immediately—I am positive he is the same man—I told him it was bad, and I knew him—I called a policeman—I kept the last shilling in my hand till the policeman came, and gave both the shillings to the sergeant at the station-house.
GUILTY .* Aged 21.— Confined One Year; Four Weeks Solitary.
CELLNA CHIARIZIA . I am the wife of Anselmo Chiarizia, we sell sugar, coffee, tea, &c, in Johnson-street, Somers-town. The prisoner came on the 26th of January to buy a candle, at about seven o'clock—I served her, and she offered me in payment a shilling—I gave her a sixpence, a four-penny-piece, and a penny—I put the shilling into the till, there was no other money in the till—no one else was in the shop—Mr. Boulanger came
out of the parlour, after she offered the shilling—my husband took the shilling out of the till about a quarter of an hour afterwards—I was in the shop till he took it—no other money had been put into the till—I saw the prisoner the next day about seven o'clock, in the shop—she asked for a quarter of a pound of sevenpenny sugar and put down a shilling—I noticed it, because she had been there the day before, and offered a bad shilling—Mr. Boulanger was then in the parlour—I called him, and he went for a policeman—I gave it to my husband, he marked it, and the policeman took her—we put the first shilling on a shelf in the shop—my husband took it to the station-house and gave it to the policeman—I was there at the time.
ANSELMO CHIARIZIA . I was not at home when the prisoner first came to the shop—I went to the till a few minutes after the shilling was received—there was no other silver in the till—we had taken the money out, as we had been robbed by a servant—I examined the shilling, and Doubting whether it was good, I took it to a chemist's shop to inquire—it proved to be bad—I put a mark on it—Mr. Boulanger was with me at this time—I took the shilling in my pocket—there was no other in my pocket at the time—when I got home I put it on the mantelpiece—I was at home when the prisoner came the second time—I took the shilling that was on the mantelpiece, and gave it to the constable at the station.
CHARLES THOMAS BOULANGER . I live in Charlton-street, Somers-town. I was in the prosecutor's shop on the 26th of January and saw the prisoner, but did not pay any particular attention to her—as far as human recollection goes, she is the person, I have no doubt—I did not see her served with the candle—I saw she had something—it was not quite seven o'clock—I was in the parlour the next day, and Mrs. Chiarizia called me to look at the shilling, saying, "This is the same woman that was here last night"—I looked at it, and considered it bad—I looked at the prisoner and said, "I think you are the same person, though you have neither cap nor bonnet," and went out for a policeman—the prisoner said, "You may have seen me, I have sold celery here"—I handed the shilling to Mr. Chiarizia, who was in the coal-cellar.
JAMES GODSTCHALK . I am a commercial traveller. On the 27th of January I was in the parlour, when the prisoner came in—Mr. Boulanger was present—I went into the shop, hearing there was a bad shilling given—Mr. Chiarizia gave me the bad shilling—that was the second one—I went for a policeman, and examined the shilling—I have not the least Doubt but that it was bad—the prisoner wanted to snatch it out of my hand—I returned it to Mr. Chiarizia, and saw him give it to the officer—he bit it—I went with the prisoner to the station—I went back to Mr. Chiarizia's shop with him, and fetched the first shilling, he returned to the station and gave it to the police-constable.
JOHN HURST (police-constable S 113.) On the 27th of January I found the prisoner at Mr. Chiarizia's—I took her, and received the shilling from Mr. Chiarizia—I took her to the station, and there received this other shilling—the sergeant on duty looked at it, but it was not out of my sight.
MR. FIELD. These shillings are both counterfeit, but not from the same.
Prisoner's Defence. I am quite innocent of the first shilling, but I did pass the last.
GUILTY . Aged 21.— Confined Six Months.
DANIEL HUMPHREYS . I am a silk-weaver. On the 28th of January I was near Mr. Pige's shop, at the corner of Swan-street, Bethnal-green—the prisoners accosted me at the door—the man asked me if I had change for a half-crown—I said I had not, but I would get change, and, having a half-crown in my hand, I got change at the Black Dog—I came back and gave the man the money, and he gave me a half-crown—the money was one shilling, two sixpences, and six penny-pieces—the shilling was given to the man, and the woman had the two sixpences and the six penny-pieces—the man said to the woman, "I will take the shilling, and you go and get what you want"—I went to Mr. Pige's shop, and, on putting the half-crown to my mouth, I found it bend—I came out and saw the prisoners—they saw me, and both began running—I ran after them, and met the policeman in Bacon-street—I gave him the bad half-crown, and he took the prisoners in my sight—as they were going back, another half-crown fell from one of them, when they had walked about a dozen steps after they were taken—I was walking behind them—there was no one between me and them—I am sure it dropped from one of them, because there was not a soul in the street, but the prisoners, the policeman, and me—I took it up and gave it Leach.
WILLIAM LEACH (police-constable H 97.) I was on duty about half-past ten o'clock that evening—the prosecutor pointed out the prisoners to me, and gave me this half-crown—I took the prisoners into custody, and the lad said, "You gave me a bad half-crown for my money"—"Me," said the man, "give you a bad half-crown?"—he said, "Yes"—I said "You must go back with me to Mr. Pige's shop"—I took the prisoner's arm, and his hands were under his apron—I thought they were in his pocket—I said, "Keep your hand out of your pocket," and immediately this other half-crown fell—the prosecutor took it up, and gave it me—I took them back, and found on the man a good shilling, and on the woman two sixpences and six penny-pieces—they gave their address, "No. 6, Spicer-street"—I made inquiries, but could not find that they lived there.
MR. FIELD. These half-crowns are both counterfeit, and both from the same mould.
John William Price's Defence. About ten o'clock on Saturday evening, the 28th of January, I changed a half-crown at the pawnbroker's door, to give my wife money to buy grocery—I was soon after taken, and another half-crown which I had fell from me—on the day before I went to Petticoat-lane, and sold a Jew a coat, and seeing that I was badly situated, he called a man and spoke to him, and then asked him to lend him 5s., and he lent him the two half-crowns, which he gave me.
J.W. PRICE— GUILTY .— Confined Six Months; One Week Solitary.
S. PRICE— NOT GUILTY .
JOHN WARD . I am barman to Henry Appleyard—he keeps the Magpie and Stump, Newgate-street. On the morning of the 15th of February, about nine o'clock, the prisoner came for three halfpennyworth of gin, and gave me a shilling, which I think she took from a kind of bag in her bosom—I bent it, and told her it was bad—I asked if she had anymore—she took a half-crown out of the bag, and gave it me, that was bad also—I told her so—she said she had nut a farthing more about her—I gave her in charge.
ELIZA MARIA ANDERSON . I searched the prisoner, and found on her 1s. 5d. in copper, which I gave the officer—she begged of me not to name that I bad found the copper, as it would injure her very much.
MR. FIELD. These are both counterfeit. Prisoner's Defence. The half-crown my little boy gave me—he took it for work—I took the shilling in change in selling things in the street.
GUILTY . Aged 55.— Confined One Year.
WILLIAM HENRY HOSLING . I am an errand-boy at the "Age" office, in Drury-lane. On the 22nd of February, about nine o'clock, I saw the prisoner in the shop of Mr. Croft, a butcher—I heard a person say, "You ought to be ashamed of yourself," (alluding to a boy in the shop,) "suppose that boy had taken it?"—the prisoner came out of the shop, and turned toward Blackmoor-street, where she joined another female, and a man—I followed them, and the other female said to the prisoner, "There is a kid after you"—I followed them to the end of Blackmoor-street—they turned to the right, and stopped there about two minutes—they then walked down Clare-street to the shop of Mr. Lindsey—the prisoner went in—I watched till she came out, and I went into the shop—I saw Hibner—I then went with North to seek after the prisoner—I saw her in company with the same female—North took her back to the shop.
WILLIAM HIBNER . I am shopman to Mr. Lindsey, a butcher. The prisoner came to his house on the 22nd of February, at a quarter to nine o'clock in the evening, for three mutton chops, which came to 8d.—she gave me a half-crown—I gave her change—she went out—I picked up the half-crown, and put it into the bowl—I thought it was good—there was no other there—Hosling came in, and from what he said, I looked at the half-crown, and found it had—I sent North after her—he brought her back, and she was taken into custody—I gave the half-crown to the policeman.
THOMAS SIMMONDS (police-constable F 152.) I went into the shop, and took the prisoner—I charged her with uttering a bad half-crown, and asked if she had any more about her—she said she had not—she refused to let me search her—I said she must walk as far as Bow-street—she refused, and struck me a violent blow on the forehead—I got Thomas the beadle, and took her to Bow-street—in going along she tore her right hand from me, put it into her bosom, and dropped a bad half-crown—Jones took that up—Thomas took up another on the road, which I did not see her drop—she was searched at the station-house—and gave up a good half-crown, a shilling, and 5 1/2 d. in coppers—this is the half-crown I got from Hibner—these other two I got one from Jones, and one from Thomas—this is the good half-crown, a good shilling, and 5 1/2 d., in copper—she gave up a bottle of blacking, a piece of soap, and a key with the money—she was afterwards searched, and nothing found on her.
ALEXANDER THOMAS . I assisted in taking the prisoner—she struggled very hard—she dropped the meat she had purchased at the door, with the blacking and a piece of soap—on going a few doors she dropped a half-crown which I picked up, and gave up at the station to the sergeant.
to the sergeant—directly after I saw her drop another half-crown, which Thomas took up—at the station I saw her hand in her pocket—I asked what she had got, and she gave me a good half-crown, a shilling, and some halfpence.
MR. FIELD. These are all three counterfeit—two are from the same mould.
Prisoner. I know nothing about the two half-crowns—they held both my hands in going to the station—I could not possibly put them into my bosom.
GUILTY . Aged 24.— Confined One Year.
NOT GUILTY .
ELIZABETH REEVE . I keep a chandler's shop in Twisters-alley, Ban-hill-row. The prisoner came for a penny candle, which I gave her, and he gave me a sixpence which was very much battered—I thought it was worn—she said she was sure it was a good one—it remained in a drawer, where I kept it till about nine o'clock—I then took it out to get some beer, and offered it to the publican's son—his mother said it was nothing but pewter—I saw the prisoner again on the following Sunday, the 26th—she asked for a halfpenny candle, and gave me another sixpence—my husband was there—I said, "Look at that sixpence, she is the same girl that gave me the other sixpence"—she said she had not been in the shop before—I sent for a policeman—one sixpence my husband had, and the other I gave the policeman.
Prisoner. I did not know the first was bad.
WILLIAM REEVE . On the 23rd of February my wife showed me a sixpence—it was bad—the prisoner came on the 26th, and I saw her served with the candle—she gave a sixpence—my wife called me, and asked If it was good—I said it was bad—I kept it in my hand till I had the policeman called, and gave it to him.
THOMAS PRINDIVILLE (police-constable G 20.) I took the prisoner at Mr. Reeve's shop, and received these two sixpences—they are the same—the prisoner was searched at the station by a female—she said that she get the sixpence on the Thursday evening, and the sixpence that evening from her sister.
MR. FIELD. These are both counterfeit.
GUILTY .†Aged 14.— Confined Six Months.
737. HENRY GERSHON, MICHAEL GERSHON, ABRAHAM GERSHON , and SAMUEL HENRY , were indicted for stealing, on the 26th of January, 4481bs. of brass, value 10l.; 332lbs. of solder, value 5l.; 160lbs. of copper, value 3l.; 21lbs. of brass beading, value 5l.; and 98lbs. of tinned brass, value 10s.; the goods of Joel Jewell.
Messrs. BODKIN and JONES conducted the Prosecution.
JOEL JEWELL . I live in Kingsgate-street, Holbom, and am a bottle-merchant. On the 24th of January Henry Gershon called on me, and said he knew where I could purchase a quantity of metal, and if I bought it, I could get a good profit by it—he stated as much as 10l., and I was
to give him half the profits as a remuneration for his trouble and cartage and recommendation—he said he had no money, and he took me to give a deposit of five shillings—I agreed to advance the money—I went with him to Mr. Pitt's in Drury-lane, at the corner of Brownlow-street—I saw Mr. Pitt—he introduced me to him, and said, "This is Mr. Jewell, whom I have brought respecting your metal"—Mr. Pitt said "Very well"—he shewed me some metal, and said he had 5cwt, of brass, 3cwt. of solder, and some other—I agreed to purchase to the amount of 24l. or 25l., and appointed to fetch it away the next day at two o'clock precisely—I went and met Henry Gershon opposite Clare-court—I asked if he was going to Mr. Pitt's—he said, "I cannot cart the metal to-day, my horse is lame"—I said, "I will go and let Mr. Pitt know," he said, "I am going that way, I will take you there," Mr. Pitt said he was a little minus in the brass, that there was 4cwt, of that, and I ordered him to weigh 1/2 cwt. more copper—I appointed to go on Thursday at two o'clock, and told Henry Gershon to meet me at the house—he came an hour after his time, about three o'clock, and brought his bone and cart—we commenced loading the cart with what was weighed up—we had not been there more than twenty minutes or half an hour before three persons came—I asked him who they were—he said one was hit father, that was Michael Gershon, and Abraham Gershon was his uncle, and the other was a boy, we loaded the cart—I had not paid for the metals then, but while I was paying for them, I observed the three Gershons go round the corner into Drury-lane—they were there from seven to eight minutes—after that, Henry Gershon returned to me, saying, his father, uncle, and brother were going over the way to take something to drink, (there is a public-house opposite Mr. Pitt's Door,) he asked me to go—I said, "I don't mind," and went with them—Henry Gershon called for some rum and shrub, and something else for his father Michael—I drank a little—Henry Gershon paid for it/—I came out, and then Michael and Abraham Gershon, and the boy bid the prisoner Henry Gershon "good bye," and said they were going home towards Holborn—they went down Drury-lane towards Holborn—after that, Henry Gershon asked how much money I had left—I stated that I had one pound and some silver left—he then whispered to me, and said, "Mr. Pitt has some brass beading and some tinned brass; You can get one penny a pound by one, and three-halfpence by the other;" and I bought it, and Paid 1l. 15s. 1 1/2 d. for it—here are the invoices I had of him—that was afterwards put into the cart—Henry Gershon requested Mr. Pitt to send for something to drink—Mr. Pitt sent for a pot of ale, and we all partook of it—before that was drank Henry Gershon wanted to send for "something short," as he said—he wanted some rum or brandy, I am not sure which I and Mr. Pitt both refused—in a few minutes after I left Mr. Pitt's shop, Henry Gershon drove the cart out of Brown low-street and turned it into Drury-lane—then we both got up into the front—he then told me we were going to take the goods where I could get my money directly, at mr. pontifex's, in Shoe-lane—in going, he passed Queen-street, and I said, "is not this the way?"—he said, "Oh, no, we go any way," and he had not got far before he drove up to the George public-house, which is not more than eighty yards from Mr. Pitts'—he said he wanted something to drink he was thirsty, and ran in—I thought he was going to the bar—I said, "I will stay outside," he said "No"—I said the cart was standing alone as, it had my property in it, I should not wish to leave it—he said,
"Oh no, never mind, I have often left the cart here, it will mind itself you had better come in"—I went into the bar, and when I got there I found he had run into the room adjoining the bar, which is the tap-room, and ordered bread and cheese and half-and-half; I ran into the room to tell him I was not in want of bread and cheese or half-and-half, and if he did not come out I would go out myself and take my property—he said, "Make your life happy, if it is seven o'clock it is plenty of time for me"—this was past seven o'clock—I ran out and went to the door, and found the cart and horse, and all the property gone—I went in to Henry Gershon and told him—he said nothing—I then called a policeman, and gave Henry Gershon into custody.
Cross-examined by MR. PHILLIPS. Q. What has a bottle-merchant to Do with things of this kind? A. If I had been a judge of them I should hare known better than to pay such a price as he led me to Do—I thought I might get a profit by it—I have been four years in the business—I was with my brother—I have been on my own account about two months—I said before the Magistrate that Michael and Abraham after coming from (the public-house bid Henry Gershon "Good-bye," and one of them said they were going home, and they went towards Holborn—it was Abraham said that—I did not hear Michael say any thing—I know where the Thames police is—but I was never there—You did not ask me that, but you may perhaps—I said it was a joke—I never was there in my life, and you cannot prove it—I never attended my brother there, nor in any Court of Justice for any misdemeanor, or any felony—I laid out 31l. 5s.—I never had any transaction with Henry Gershon before—we were to divide the profits as a remuneration for his trouble in recommending and in carting—my brother is still a bottle-merchant—I have a cousin living at Shadwell, who deals in metals, but I do not—if I had known the prices of metal I would not have given 10d. a pound for copper and what I did for brass—Mr. Pitt did not take me in—he sells his metals at trade price—I do not deal in marine stores or metals at all—I sell retail to medical gentlemen.
Cross-examined by MR. BALLANTINE. Q. you had not known Henry Gershon at all? A. Only from seeing him—I never had any transactions with him—I never contemplated the possibility of losing. I said nothing about the loss, because he said he bad been in the habit of dealing in metals, and I was sure to get such a price—I should have trusted a stranger in the street and paid 31l. if he had given me an explanation as he did—there was not a word said about lose—I was in the first public-house, and waited there about three mintues longer than I did at the last—I had a small glass of rum and shrub, and then came out.
MR. JONES. Q. Is there any truth in your being at the Thames Police? A., No; I never was charged in my life, before any Magistrate. RICHARD PITT. I am a dealer in metal, and live in Brownlow-street, Drury-lane. Henry Gershon came to my premises previous to Mr. Jewell calling, and asked if I had any old metal for sale—I said, "yes"—he asked if I had half a ton—I said, "Yes"—he said he knew a person who wanted to buy metals; he would bring him in a day or two—he had brought persons to purchase metal before—he was a person I should say who knew the value of metals, and the terms on which they were sold from hand to hand in the trade—he would be likely to know the profit on metals—in about three or four days he came with Mr. Jewell, who made a purchase which came to 29l. 10s. 4d. and paid a deposit—on Thursday
the 26th of January, he came to take them away—he waited half an hour, and then Henry Gershon came and brought the horse and cart—they then proceeded to load the cart—while they were loading, Abraham Gershon came up and got into conversation with Henry, and assisted in loading the cart—after it was loaded I saw Michael come up and join in conversation with Henryand Abraham Gershon, and Mr. Jewell—they went to a public-house opposite my house; then Michael and Abraham wished Henry Gershon "Good day," and left him at my door, and they took the Holborn direction—after that Jewell made some purchases of some tinned brass and beading, amount in? to 1l. 15s. 1 1/2 d.—that he paid for in addition—Henry said I ought to send for something to drink—I sent for a pot of ale—Henry said, "We mart have something else"—he proposed some brandy—I said I had my business to attend to, and it would unfit me—he pressed for it but I declined, and so did Jewell—they then went off in the direction of the Strand, down Drary-lane, and I saw Michael and Abraham passing by my house in about two minutes after—it was by accident I saw them—my house is at the corner of Brownlow-street—I should think Henry Gershon was likely to know what profit could be made on metal—I should say he was not likely to sell them so as to make 10l. profit—it was not possible to make more than a farthing a pound.
Cross-examined by MR. PHILLIPS. Q. How near to your premises does Michael live? A. I think about four hundred yards—I have seen him often.
Cross-examined by MR. DOANE. Q. Do you know that Abraham is servant to Michael? A. I do not—between my house and the end of Holborn there are, I believe, three streets.
MR. BODKIN. Q. Did Henry Gershon say any thing about what profit was to be got on this metal? A. Not in my presence.
GEORGE WOOLF . I live in Lamb's-Conduit-street, and am a furrier. I know Mr. Jewell—I was passing down Drury-lane on a Thursday, about half-past four o'clock in the afternoon—I saw the two prisoners, Michael and Abraham Gershon, get up into a cart apparently laden with metal and tacks, and drive off with it—the cart was at the door of the public-house, which since this transaction I have ascertained to be the George—it appeared to me when they got up that it had just driven up—it was standing still—they went towards the Strand—I was very near to them—I saw the countenance of Abraham very plainly—the other I had not a full opportunity of seeing, but I believed from circumstances that he is the person—I had rather a side view of him—I was in company with my brother Philip.
Cross-examined by MR. PHILLIPS. Q. Then you won't speak positively to Michael? A. I cannot speak more positively than I have—I am not aware that I have sworn to him—I think I always said I was positive to Abraham, and I believed Michael was the other—I might have sworn that I saw Michael and Abraham get up into the cart—if I did, it was a mistake—Michael had on a sort of dark great coat, I think olive, and something of a dark scarf round his mouth—I have known Mr. Jewell these ten months, or longer, I should think—his brother married my sister, and he has been paying his addresses to another of my sisters—I did not observe whether Michael wore a hat or cap—I did not stop.
PHILIP WOOLF . I am brother to George Woolf, and am a tailor, at No. 2, James-street, Oxford-street. I was with him in Drury-lane, and saw a cart there—I saw two persons get up—I took notice of their countenances
—Abraham Gershon was one of them, and there was another man got up in the cart, but he had a large scarf round his face—it was a rainy afternoon—I could not take upon me to swear to that one—I have not the lightest doubt of Abraham Gershon—my notice was so vague that I cannot form a belief of the other—I saw the cart driven away by the men towards the Strand.
Cross-examined by MR. PHILLIPS. Q. Did you never swear positively to Michael Gershon as one of the men? A. I did not—that I swear—I never said I observed Michael and Abraham get into the cart—I said I saw two men get in—Abraham was one, and the other's countenance I did not observe, as I had only a slight view—here is my signature to this deposition—it was read over to me—I did say that I observed the two prisoners Michael and Abraham get into a cart—if I said he was so muffled up I could not even form a belief, it was a mistake—I swore at the police-office the view was so slight that I was not positive he was the man—I had a Doubt at the police-office, but since then the solicitor for the prosecution said he had had a communication with Henry, and he hoped I would be very particular—as he was so muffled up I was of opinion he might not have been the man.
Q. Was it because the prosecutor's attorney talked to you that you changed from the oath you took at the police-office? A. I said I only believed he was the man—I did say I saw the two men get up into the cart, but afterwards, when the question was put to me, I said he was so muffled up I could not form an opinion—I believe it was him, but I cannot undertake to swear it—if I swore that I could not form a belief, I could not have understood the question—I have had no further conversation with my brother than when Mr. Jewell mentioned to us about the robbery—I said it was the cart that we saw drive away—Mr. Jewell's brother married my sister—Michael had on a large brown great coat, and a large handkerchief or scarf round his face—it came up under his nose—it looked black to me—he had a hat on—I do not know that I mentioned that to my brother.
MR. BODKIN. Q. Did you express a doubt about his person at the police-office? A. I did.
MARY CONNER . I keep a fruit-stall on Clerkenwell-green. I remember some time ago a person bringing a horse and cart near my stall—it was the prisoner S. Henry—he told me to give an eye to it till somebody called for it—it remained there till about seven o'clock, till the police-sergeant came and took it away.
THOMAS PHILPOTT (police-constable G 85.) On Thursday the 26th of January I saw a horse and cart standing on Clerkenwell-green—I took charge of it, and removed it some distance from the stall, and read the name on the back of the cart, "Henry Gershon, No. 2, Paradise-place, Spitalfields"—I took it to the green-yard—on the Saturday following I went to the house of Michael Gershon, in Princes-court, Drury-lane, with the prosecutor—I took Michael Gershon to Bow-street—while I was there Abraham came to the office, (in a cab, as I was given to understand,) and I took him—in consequence of further information I went to Fisher-alley, Petticoat-lane, and found some brass and other property, which I have brought here.
WILLIAM ROWLAND (police-constable H 120.) I went to No. 2, Paradise. place, on the Sunday morning after the robbery, and found Henry Gershon there—I told him what I came for—I had some brass and solder there—he saw it—he said that was the property that was lost out of the cart, and
part of it was his property—I afterwards went with him to Toosen's-court, Petticoat-lane—I found a lighted candle in the passage—I made inquiry, and found a party had taken the house that night, about ten o'clock, but who they were they could not tell—I found three bags of metal there, and a quantity of pewter, and these coppers—I do not know where Michael Gershon lived.
Cross-examined by MR. BALLANTINE. Q. He said something about partnership? A. He said part of it was his property, and part of it belonged to another man—I think he used the word "partnership."
WILLIAM DAY DAVIES (police-constable H 36.) I know the wife of Michael Gershon—in consequence of information from her I went to the Queen's Head public-house, in Fashion-street, and received some information from Mrs. Blaney—I found Samuel Henry there—I called him out, and said I wanted him about some metal that was taken from Bow-street—he said, "I know nothing about it"—at that time Mrs. Gershon was with me—she represented herself as the wife of Michael—Samuel Henry said he knew nothing about it till both the women said, "You Do," and then he said, "I was hired to carry the goods down to his nephew's place"—I then took him and went to Fisher-alley, with Philpott, in consequent of what Samuel Henry said.
Henry Gershon. They swore that they took out of my premises a large quantity of metal, and there was not so much beading bought of Mr. Pitt, as there was found at my place.
Henry Gershon. Q. Is it unlikely for me to have such metal by me? A. It is not unlikely.
(William James, a shoemaker, John Gorbell, an ironmonger, John Emmington, a licensed victualler, William Cole, and Thomas Murray, gave the prisoner Abraham Gershon a good character.)
A. GERSHON— GUILTY . Aged 40.— Confined Twelve Months.
H. GERSHON— GUILTY . Aged 19.— Transported for Seven Years.
W. GERSHON— NOT GUILTY .
S. HENRY— NOT GUILTY .
737. GEORGIANA TAYLOR and ELIZABETH NEWMAN were indicted for stealing, on the 9th of November, 1 counterpane, value 10s.; 2 sheets, value 10s.; 2 blankets, value 10s.; 1 pillow-case, value 2s.; 1 table-cloth, value 2s.; and 1 tea-pot, value 4s.; the goods of Sarah Maria Proger; and that Taylor had been before convicted of felony.
Giles'. In the latter end of October the prisoners came and took my first floor front room, furnished—they paid a week's rent—they staid a fort night, and both left between eight and nine o'clock in the morning—they did not pay the rent—the door was left locked, and the key taken away—I sent for a man to force it open, and the property stated was gone—I have never seen it since.
EDWARD CRANE . I live in Crown-street, So ho, with my mother. On the morning of the 9th of November I was at my mother's shop-door, and saw the prisoner Newman come out of the prosecutrix's house between eight and nine o'clock, with a large bundle, and pass down Crown-street; Taylor came out shortly, and after went down Denmark-street, towards St. Giles's Church—I did not notice whether she had any thing.
Taylor. I left the house at half-past seven o'clock, and then every thing was safe. Witness. I saw her come out between eight and nine o'clock.
Newman's Defence. I left the room that morning, and every thing was quite safe; the door locked, and the key put under the mat—the bundle I had in my hand was a carpet bag, and a few things I wanted for myself—I went to Hammersmith by the coach.
TAYLOR— GUILTY . Aged 20.— Transported for Fourteen Years.
NEWMAN— GUILTY . Aged 23.— Confined Six Months.
Sixth Jury, before Mr. Sergeant Arabin.
WILLIAM SKIGGS . I live at Mimms'-hall, South Mimms, and am bailiff to the Marquis of Salisbury. On the 3rd of February a turnip field had been pulled, and the turnips were in a heap—at a little after seven o'clock I was standing in the field, I saw the prisoner come down the field, go to the heap, and put some of the turnips into his basket—he went away—I followed him into the next field, and overtook him, and told him to turn them out, and let me count them—there were sixteen—I said I should let my master know—he worked by our fields for a neighbouring farmer—I let him go that night.
Cross-examined by MR. PHILLIPS. Q. You desired him to put them Down? A. Yes—they were worth 6d.—I have not seen the Marquis about this—he has lost a great many turnips.
MR. PHILLIPS to WILLIAM SKIGGS. Q. How do you know whose turnips they were? A. I saw him take them out of the heap which belonged to the Marquis—he did not let the field.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution. EDWARD JOHNSON. I am the brother of John Johnson. I remember
about five years ago, his being married at Stepney church to Martha Elliott—that was the maiden name of the prisoner—I was present—my brother is now in Ireland—I saw him last May.
Cross-examined by MR. DOANE. Q. Tell me again how long ago it was? A. As near as I can recollect, it was six years last July—I am sure I saw my brother in May last—they lived together from five to seven weeks, and then she left him—it is about four years since he first went to Ireland—he is a clerk at a church, and a schoolmaster—he was a weaver when he was married.
JOHN WORLEY . I am a butcher. I married the prisoner on the 16th of December, 1833, at All-Souls church, Langham-place, Marylebone—I was journeyman butcher—she used to go out to needlework—I was in service at the time—she did not live in the same family—I first became acquainted with her in the street, in Tottenham-court-road—it was from that introduction I married her—I knew she was in service—we lived three years together—I am the prosecutor in this case.
Cross-examined. Q. Do you know the name of the parish where you were married? A. No—I did not know any thing of this till she left me.
ROBERT DAVIS . I am an officer. I took the prisoner into custody—I produced to her these two certificates—I asked her if she knew the brother of Edward Johnson, who was then present—she said, "Yes"—I asked if she was married to him—she said, "Yes"—I asked if she knew John Worley—she said, "Yes"—I asked if she was married to him—she laid, "Yes," and burst into tears, and said she was very sorry for it—I have compared these certificates with the entries in the registers at the churches of Marylebone, and St. Dunstan's, Stepney, and they are correct (read).
GUILTY. Aged 25.—Recommended to mercy by the Jury and Prosecutor.
Confined Two Months.
RICHARD HAWKES (police-constable N 40.) On the 11th of February, between five and six o'clock in the evening, I was in Kingsland-road—I saw the prisoner opposite a wheelwright's shop, and a woman and lad standing at a barrow—I heard the prisoner say "eight shillings"—in a few minutes the woman and lad left the barrow, and the prisoner went away with it very quickly—I followed him, and asked him what he had got there—he said a pair of arms—I said, "Where did you get them?"—he said, "I bought them in Old-street, not in a shop, but of a man for 8s."—I took him to the station, and found the name of Hobson branded on them—I went to Kingsland, where Hobson lives.
Cross-examined by MR. PAYNE. Q. Was he not remanded for a week? A. Yes, he was allowed to go on his recognizance, and he appeared again—he stated to the Magistrate the same as he did to me, and the Magistrate let him go.
JAMES BALDWIN . I am foreman to Mr. William Hobson. He carries on business at Kingsland—this is his property—it was taken out of a shed at Kingsland—it was not locked, but the yard is locked up every night—they must have been taken before dark—I have known the prisoner from
infancy—he has been employed round about that neighbourhood as a cow-keeper.
Cross-examined. Q. who is Mr. Hobson? A. He lives in Mark-fields—here is the mark on the property—I call them iron arms and axle. trees—the prisoner lived fourteen or fifteen years in one place—I never knew any thing against him.
WILLIAM STEVENS PERRIN . I was employed on the 16th and 17th of last month to put these arms on a cart—I took them out of the bed and put them in again, and the wood work gave way—I know they are the same.
Cross-examined. Q. What do you know them by?—A. By the particular marks on this arm.
(The prisoner received a good character.)
GUILTY. Aged 29.—Recommended to mercy. Confined Three Months.
JOSEPH PALLET . I am a painter and glazier, and work with Mr. Gifford, of Brook-street, Holbom. On the 5th of February I met Calvert in Farringdon-street, between nine and ten o'clock in the evening—I went home with her—I saw Hide in the front parlour as soon as I went into the house—I had one sovereign, five shillings, and one half-crown—I put the money in my purse, and put it into my right-hand trowsers pocket—I then laid down on the bed—Calvert got up and went to the door, and I saw her pass something to a person outside the door—I think it was a man—I saw the hand perfectly, and something passed—the hand was dirty—I then put my hand into my pocket, and found my purse open, and only one half-crown remaining—one sovereign and five shillings were gone—Hide did not come into the room between the time my money was safe and my losing it—when I lost it I immediately taxed Calvert with taking it—she denied it—Hide came in directly after I missed my money—I kept her and Calvert in the place—the policeman came in about ten minutes, and I gave Calvert in charge.
Cross-examined by MR. DOANE. Q. After Hide went out of the room you displayed all the money you had? A. No, I looked at it privately—I took my purse out of my pocket, but not while Hide was in the room—I have no doubt she passed it to a man—I had paid Calvert a half-crown—she said the room was her own—when the half-crown was given there was one sovereign, five shillings, and a half-crown left.
JURY. Q. Did you go to sleep in the room? A. No—I was there twenty-five minutes—this was on Sunday night.
FRANCES GLIBBERY . I am the wife of James Glibbery, and live next Door to this house. Hide is my sister—on the evening the prosecutor was there, she came to me about half-past ten o'clock and gave me a sovereign and four shillings for rent—she told me to take care of this till by and by, till she settled, which she always did on Monday.
Cross-examined. Q. Had she not been in the constant habit of bringing
money to you to take care of? A. Yes, and when she received money from lodgers she brought it, because she had been robbed some time ago—I hive seen Calvert there.
WILLIAM CLARK (police-consiable F 129.) I took Calvert into custody, and took her to the station—she was searched, but nothing found on her—the went before the Magistrate the next day, and was remanded for a week, and then Hide was taken by the Magistrate's order—I never found the money.
(James Samuel Heather, Ward-beadle of Cripplegate within, gave the prisoner Calvert a good character.)
CALVERT— GUILTY . Aged 19.
HIDE— GUILTY . Aged 33.
Transported for Seven Years.
743. CATHERINE MANCLARK was indicted for stealing, on the 14th of February, 1 blanket, value 2s. 6d.; 2 pillows, value 5s.; 1 bed valance, value 2s. 6d.; 2 bottles, value 6d.; 3 pints of wine, value 6s. 6d.; 2 sovereigns, and 1 half-sovereign; the goods and monies of Frances Sparrow, her mistress.
FRANCES SPARROW . I am single, and live in Exeter-street, Strand—I keep a lodging-house. The prisoner was in my service about two yean before last Christmas—she lived with me three months—I had occasion for her, on the 13th of February, as a char-woman, till my servant came from the country, which would be about a week—the next morning I missed two sovereigns and a half out of my purse from under my pillow—I had seen them secure when I went to bed—I think she took them when she made the bed—I missed three bottles of wine from the front room where I slept—I did not miss any more then—I gave the prisoner 3s. 6d., and sent her away on the Tuesday morning on suspicion—I knew she had got my money, as there was no one else in the room—I missed the blanket, and two pillows, and a bed valance on the evening after she was gone, and a great deal more, part of which is not found.
Cross-examined by MR. PAYNE. Q. Have you the misfortune to have considerable change of lodgers? A. Very seldom—I let lodgings for ten minutes or twenty minutes, and so on, but I have regular lodgers in my boose—Mary Ann Linney is the servant who was gone away—she is my niece—the prisoner had chared for me before on the two first days of the year—I was quite sober when I went to bed on the night of the 13th—I never lock my door—I sleep in the front parlour—there were two ladies who lodge in the house, and a gentleman who slept with a lady in the first floor back, they sleep there three nights in every week—that lady went away in the morning—I missed two sovereigns and a half, and accused the prisoner of stealing it—I did not ask whether I had paid any money away—she had received money from customers that night—the house is very quiet and respectable—I cannot tell how much she had received from customers that night—she did not insist upon my sending for an officer, and having her searched—an officer was sent for after—she had abused me for two hours—I did not want her to undress in the presence of the officer—a woman came in when she heard her abusing me—she was searched, and there was a thimble found on her—I had seen these other things the day previous—when she
came into the house, I told her I had taken an inventory of every thing I had in the house—she never refused to take up some improper books to a gentleman—a gentleman came that night, and I went up stairs with him and staid about two minutes—I had to fetch a lady for the gentleman—I did not take up some books and other things to him, nor ask the prisoner to do so—such things are never used in my house—I gave her 3s. 6d. before I searched her—she wanted 6s. for a week's week's wages.
HENRY DENNIS . I live in Russell-street, and am a tobacconist. The prisoner came to my shop on the 14th of February, between eight and nine o'clock in the morning, with a bundle, and requested me to let her leave it there—she said she had just left a place, and it was so heavy she could not carry it further—she said she should call for it in a short time, and said there was 2l. 10s. in it—she said, "I will go and fetch my sister"—I asked her to show me the money—she would not—she came back between eight and nine o'clock in the evening—I wished her to look in the bundle before she left, to see that the money was there, but she refused—she went away, and returned in five minutes with a bundle not half the size, and put it down, and accused me of taking the money out.
Cross-examined. Q. How near are your premises to Mrs. Sparrow's? A. It is about three minutes' walk—I am not acquainted with Mrs. Sparrow—the prisoner did not say any thing about a person having desired her to leave it there till the evening—I told the Magistrate she said there was 2l. 10s.—this is my signature to this deposition—(read)—"She said there was money in it"—I keep the shop, and the whole house—the upper part of the house is disposed of to lodgers—I believe the landlady lives there—I cannot say exactly whether I mentioned the sum of 2l. 10s., to the Magistrate.
COURT. Q. Are you quite sure that she said it to you? A. Yes.
WILLIAM CLARK (police-constable F 129.) I produce two bottles of wine, one blanket, two pillows, and some valance of a bed, which I got from Dennis's shop—the prisoner said it was her mistress's property, the whole of it, and she was going to take it back to her.
Cross-examined. Q. Did she not say that some person who slept in the house got her to take these things to the tobacconist's? A. She said a woman gave them her to carry there—I was not the person who searched her at the house—I was not at Bow-street when she came for a warrant against her mistress for striking her—she was locked up at the station—I saw her at nine o'clock in the morning—she was brought to Bow-street for being drunk, and obstructing the footpath, and was detained till seven o'clock in the evening—I do not recollect her saying that she did not think she could find the woman that slept there—I did not say that I knew her, and thought I could find her—I know Mrs. Sparrow well—I have been on duty two years there.
Cross-examined. Q. What is your real name? A. I take the name of Clay when I go out of town, but I pay my way in the name of Sparrow—my father and mother gave me the name of Sparrow—that is my real name.
(MR. PAYNE stated the prisoner's defence to be, that the bundle was gives to her by a woman who had slept in the house, and she did not know what it contained.)
GUILTY .* Aged 43.— Transported for Fourteen Years.
Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 67.— Transported for Seven Years.
WILLIAM WALLIS . On the 23rd of February I was in Whitechapel, at about five o'clock in the afternoon, and felt a twitch at my coat—I felt, and missed my handkerchief—I turned, and saw the prisoner three or four yards from me—I collared him, and asked what he had in his jacket—he immediately threw my handkerchief on the ground.
Prisoner's Defence. A little boy who was going by took it, and threw it Down, and I caught it in my hand.
GUILTY .* Aged 14.— Transported for Seven Years.
745. GEORGE FITZPATRICK was indicted for stealing, on the 7th of December, I box, value 6s.; 1 coat, value 1l.; 1 pair of trowsers, nine 35s.; 1 hat, value 1l.; 4 sovereigns, and other monies; the goods and monies of Joseph Wheeler, in his dwelling-house.
JOSEPH WHEELER . I am a hair-dresser, and live in Wrestlers'-court, Biihopsgate; I rent the house. On the 14th of November the prisoner came to lodge at my house, he slept in the upper room—I also occupied the room—he continued to lodge with me until the 7th of December last—I had a deal box in the room, it was rather more than two feet long—I locked it at eight o'clock that evening—it contained all the articles stated, except the hat, the stock, and the book—I missed the box when I came Home late at night, and the prisoner was gone, he never came back—I lost nearly 11l. worth of things.
Cross-examincd by MR. CLARKSON. Q. I believe he was in very distressed circumstances when he was with you? A. Yes: all the time—his clothing was very bad, and I did not receive a shilling from him—the last time I saw him was on the morning of the 7th of December, when he went out—I found him in custody last Saturday week—I sent a friend named King to his mother's—I did not tell him to chalk on the door; that Was his own stratagem to get the prisoner to come to my house—he was taken into custody before I knew it, but I had set persons to catch him—I did not bear any thing from Child till the second day after the robbery—there was 5l. 10s. in money in my box—I had given the prisoner notice to leave—his time had expired on the Monday, but he asked for longer time.
MARIA CHILD . I lived with my mother at the time in question, opposite Mr. Wheeler's—I saw the prisoner come out of Mr. Wheeler's house "with the box on his shoulder, between nine and ten o'clock in the evening—I could see him distinctly—I mentioned it next morning, and heard that Mr. Wheeler had lost his box.
Cross-examined. Q. What day was this? A. I cannot tell the day—it was two or three months ago—I knew him before, by seeing him come out of a morning—it was dark, but the shutter was open, and I saw him by the reflection of the light on the table in our bottom room—I was up
stairs on the first floor—I was the only person in the house—I mentioned this first to Mr. Wheeler himself—I never spoke to the prisoner but once—he had his hat on, and was dressed the same as he is now—I did not notice whether he had boots or shoes on—it is quite a narrow court.
NOT GUILTY .
Before Mr. Justice Collman.
746. JOHN BROMLEY and JOSEPH GODDARD were indicted for burglariously breaking and entering the dwelling-house of John Barnes, about two in the night of the 18th of February, at St. Leonard, Shoreditch, with intent to steal, and stealing therein 441bs. weight of mutton, value 1l. 2s.; 122lbs. of pork, value 13s.; 5lbs. of beef, value 2s. 6d.; and 7lbs. of sausages, value 4s. 6d.; his goods.
JAMES PRIOR . I am a constable. On Sunday morning, the 19th of February, between two and three o'clock, I saw the two prisoners standing about, opposite the prosecutor's shop, in Goldsmith's-row, Hackney-road, for ten minutes or a quarter of an hour—they saw me and walked on a few yards, up the row—they then turned back again and passed me—I knew them both by sight before—I saw them by the gas light, and am certain they are the men—they passed me three times—I then met French, another policeman, and drew his attention to them—I followed then to No. 1, Hay-street, which is about twenty yards from Barnes's shop—they went in there, and I saw no more of them that night—I afterwards received information of this robbery, and gave French information of it, and about twelve o'clock the next night I saw Goddard come out of a public-house in Goldsinith's-row, and go to No. 1, Hay-street—I saw French go in after him—I heard a rattle spring from the house, and went there—I found French in the room below stairs with Goddard—on my going in, French went up stairs, and I staid below with Goddard—I saw French bring down some mutton and beef from an upper room—there was some raw meat lying on the table in the room I was in, before Goddard came down—the mutton and beef was raw, and part of the pork—the rest of the pork was cooked—Bromley came down soon after, and we took them both into custody.
Cross-examined by MR. BALLANTINE. Q. What time was this on Sunday morning? A. Between two and three o'clock—I am quite certain about the time—I have known Goddard about five or six months—I cannot say whether he knew me—I had been watching them for ten minutes or a quarter of an hour—I am positive they saw me—I should have been able to recognise them without the gas lamp—I have seen the other prisoner several times passing the house.
JOHN BARNES . I keep a butcher's shop in Goldsmith's-place, Hackney-road. On Saturday night, the 18th of February, I shut up my shop about a quarter or twenty minutes before one o'clock—it is part of my dwelling-house—there is a door out of the shop into the house—the shop window will not open at all—I cannot swear that I fastened the shop door when I went to bed—it has a lock, a bolt, and a latch to it—the latch will open from the outside when it is shut, with a key, but not without—I went into the shop next morning about eight o'clock, and found the door a little open, just shut to the post, but neither locked nor latched—I looked round and missed a quantity of meat and pork sausages—I was the first person down
—I was sent for by the police at a quarter past twelve o'clock on Sunday night, and went to No. 1, Hay-street—I found the two prisoners and the policeman there—I found two fore-quarters of mutton, two shoulders, and part of another shoulder baked, a loin, a spring, and a hind-leg of pork, and part of a rump of beef—I am certain it was part of the meat I lost—the loin and spring of pork had marks on it by which I knew it, and all the meat was my own cutting up—I knew it also by that.
Cross-examined. Q. You cannot say you fastened the door? A. I cannot swear either one way or another—it is an ordinary latch, attached to the lock—the door might not have caught when I shut it to—the police-sergeant shut the door when he came to examine it, and the latch did not catch then, but the spring of the lock did.
JOHN FRENCH . I am a policeman. On Sunday, the 19th of February, I was on duty between two and three o'clock in the morning, and saw Goddard in Dove-row with a man who I cannot swear to—fifty or sixty yards from Mr. Barnes's shop—Dove-row comes up right opposite his shop—they passed me and went down Dove-row—I took particular notice of them, and can swear to Goddard—I saw Prior directly after, and he went down Dove-row after them—I saw no more of them that night—I had not Men them nearer to Barnes's shop than fifty yards—I had passed the door several times that night, and tried it three or four times as I passed it—I put my hand in the middle of the door, and pushed it, and found it fast—I did it to ascertain that it was fast—I try all the doors—I am certain 1 pushed it sufficiently to force it open, if it had not been locked or latched—I received information of the robbery on Sunday evening, and at twelve o'clock, or a little after, I saw Goddard come out of a public-house next Door to Mr. Barnes's—I and Prior were standing together at the time—I followed him to No. 1, Hay-street—he knocked at the door, which was opened by a boy—I followed him in, and turned my light on—I opened the cupboard, and found the mutton and pork in it—I went to the door and sprang my rattle, and Prior came to my assistance—I then went up stairs and found some more mutton, beef, and sausages in a box—the prisoner Bromley was lying on the bed with his clothes on, in the same room—I found a bunch of eighteen keys in the cupboard, up stairs—they ace all common keys, of different sizes, and some are broken—I asked Bromley where he got the meat—he said, "That has got to be tried"—I took it down stairs, and then went up and brought Bromley down—Mr. Barnes came and took the meat to the station-house, and we took the prisoners there—I cannot swear Bromley is one of the men that I saw—it was a person dressed like him, but I could not see his face.
Cross-examined. Q. Did the prisoners resist being taken? A. Not at all—there was nothing particular to attract ray attention to Barnes's house more than others—I try all the doors as I go along—there was some mud on one of the pieces of meat.
BROMLEY— GUILTY . Aged 37.
GODDARD— GUILTY. Aged 24. of stealing only.
Confined Twelve Months.
Fourth Jury, before Mr. Recorder.
BARKER. I am in the service of Richard Morse and Aaron
Martin, watchmakers, Charing-cross—it is the dwelling-house of Mr. Morse—the partnership funds are not applied to the payment of the rent On the evening of the 17th of February, I was in the shop about half-past six o'clock, I heard a tremendous crash of glass, and observed a man's hand being drawn from the window—I immediately ran round the counter into the street, and Ingall pointed out the prisoner—he was six or eight yards from the window—it is a very thick plate-glass window—it was the bottom pane, and about the centre of the window—I think Ingall had his hand on the prisoner's shoulder when he pointed him out to me—I collared him, and took him into the shop—a policeman had come up before that, and I told him to follow me into the shop—there are four brass rods in the window, with gold and silver watches hanging on them, and two gold guard chains—a person could put his hand in and reach them by breaking the glass—the prisoner said he did not do it—I observed that his right hand was covered with blood—the brass rods on which the watches hung were supported by two brass uprights—they were hooked on the other parts—the rods were all displaced, and the watches all thrown off them.
Cross-examined by MR. BALLANTINE. Q. Would it not take considerable violence to remove the rods from their place? A. I should think it would—there were watches underneath as well—the prisoner was rather excited—he might have been drinking, but not so as not to know what he was about—the crash startled me immediately—it must have been a tremendous blow that did it—it was a very thick plate glass—I did not particularly observe what part of his hand was cut, but I should think the knuckles and wrist were cut.
EDWARD INGALL . I am a woollen-draper, and live in Wardrobe-place, Doctors' Commons. I was standing at the prosecutor's shop at the time in question, and observed the prisoner at the window—I saw his hand inside the window—he drew it out, and walked deliberately away from it, from the part of the window where the frame was broken—I followed him, put my hand on his shoulder, and told him he was the young man that had broken the window—he did not appear to wish to go, but Barker came out and took him into the shop—a policeman came up at the same time—when he was taken into the shop, he said he wished only for seven years, or something to that effect—he was then desired to pull his right hand from his pocket, and it was very much cut and smeared with blood-one of his knuckles was cut, and bled very much, and also the wrist—I did not particularly notice the state of the rods and watches—I heard them fall from their position, and saw afterwards that they were dislodged.
Cross-examined. Q. This is a great thoroughfare? A. Yes—there were no people about at that moment—I did not observe the prisoner before I heard the crash—I was then a yard or two yards from him, standing at the same window—I was able to distinguish him by the gas light—I don't think I could have distinguished him without the gas light, but I will not speak positively—it might be about half-past six—it was not earlier than that—I thought he was drunk at first, but I changed ray opinion afterwards, and thought him not so drunk as he appeared—he was a little excited—I was standing at the window making a memorandum on a card—I had not been there two minutes—when I charged him with being the person he was quietly walking away.
of the window—it was about half-past six o'clock, or later—it was quite dark—the gas was lighted—the light of day was gone—I made up to the window, and saw Barker come out of the shop and run towards the Strand—I ran in the same direction, and found he had collared the prisoner—I took him to the shop—he said somebody had broken the window and not him—I took his hand out of his pocket—it was very much cut, and bleeding dreadfully—his pocket was half full of blood—he then said he did it to be transported, and he hoped he should have seven years—in taking him to the station-house a gentleman took hold of his arm, he struck that gentleman twice, and immediately threw me down and cut my head, which I feel at this moment—he tried to escape, but two more policemen came up, and he did not—when he came out of the shop he sung out to the cabmen on the stand, and said he was lagged—the blow I got was a severe one just over the eye, I fell on my arm and hurt that—I had hold of hit right arm—he twisted it round, put his foot before me and tripped me up.
Cross-examined. Q. You saw him first with Ingall? A. No, with Barker—he was in custody then, and was quiet then—he was rather riotous afterwards, and appeared a little affected with liquor.
MR. BALLANTINE called
THOMAS WRIGHT . I keep a coffee-house, in King-street, Westminster. On Friday, the 17th of February, the prisoner was at my house, and left about twenty minutes or half-past five o'clock—he was very tipsy indeed, and very noisy, and would have hit me if they had not taken hold of him—I have known him four years, and never heard any thing bad of him—he is rather tipsily inclined at times—he is sober for a month or six weeks together, and then breaks out into a fit of drunkenness for three or four days together.
COURT. Q. How does he get his living? A. He is a cab man, but was out of employ at the time—he had nothing but a cup of tea at my house.
JOSEPH COLLINS . On the afternoon of the 17th of February, I was at the Admiral Duncan public-house, and the prisoner came in quite drunk—he was mad drunk, and wanted to fight every body in the house—it was between six and seven o'clock just as he was going away, and in less than five minutes I heard that he was in custody—I wanted him to come home—he said he had been fighting with three men in Parliament-street, and be would not stop at my house, but rushed out.
NOT GUILTY .
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
JOHN ARCHER . I am a tobacco and snuff manufacturer, in Broadway, Westminster. The prisoner was in my employ from December, 1829, as traveller—he had a commission on what he sold—when he received money it was his duty to bring it to me, and enter the receipt of it in a book—here is the day-book in which he should enter his orders, and in this cash—book he should enter the receipt of all the money—on the 22nd of October, I find an entry in the day-book in his writing—he debits Susan Colstock with 2l. 7s. 4d. for goods sold on my account—there is no account in the cash-book of the receipt of that money—this receipt is in the prisoner's handwriting; and this letter also, which I received by post—I called on him on Monday, the 8th of February, to render an account of money that was owing, and we agreed with every thing—here is the book—"Mrs. Colstock,
Feathers, Mersham, the amount of 2l. 7s. 4d." is entered as owing—he has never accounted to me for it.
Cross-examined by MR. PHILLIPS. Q. He received no wages from you, I believe? A. No; only a commission—he was at liberty to collect debts whenever he chose—whenever people paid him he was to bring the oney to me—his time was perfectly at his own disposal—I never directed him to go to any particular place—he did as he liked—he did not live in my house—he was clerk to a Dissenting chapel—he has six children, bat I think three of them are out, earning their own living—I cannot be certain of that—I understand his youngest child is seven years old—the average of his commission might be from 60l. to 70l. a year—he had to travel at hit own expense—I think Reigate is the furthest distance he ever travelled; that is twenty-one or twenty-two miles from town—he went to Seven Oaks, which is the same distance—he had to pay his expenses out of his commission, but be travelled for other people as well as me—on some article his commission was 2d. a pound; and on some 6d., and 10d., and 2s., according to the value of the article and the profit made—on some tobacco there is an enormous profit, and also on cigars.
MR. BODKIN. Q. Did he travel for other houses besides yours? A. Yes, for a grocer; and sold cider for another; and ink and blacking for another—he kept a retail shop in my business, and I supplied him with articles on credit—this list accompanied the letter he sent me—it does not contain the item of 2l. 7s. 4d.
SUSAN COLSTOCK . I keep the Feathers public-house at Mersham, near Reigate. I dealt with Mr. Archer—the prisoner was in the habit of calling from time to time to supply goods and receive money—on the 22nd of October I received a small parcel of goods from Mr. Archer, amounting to 2l. 7s. 4d., and received this bill with them—the prisoner called on me as usual in January, and I then paid him the 2l. 7s. 4d., and he wrote his name on the bill here in my presence.
(The letter produced expressed the prisoners regret at being deficient in his accounts, and stated some items, but not the one in question.)
(The prisoner received a good character.)
GUILTY . Aged 41.— Confined Twelve Months.
749. EDWARD SMITH was indicted for feloniously breaking and entering the dwelling-house of Thomas Kirkwood, on the 4th of February, at the parish of St. Luke, and stealing therein two watches, value 2l., his goods.
ADOLPHUS ROSENBURG . I am apprentice to Mr. Thomas Kirkwood, pawnbroker, Brick-lane, Old-street. It is his own house, and is in the parish of St. Luke, Middlesex—on the morning of the 4th of February, about nine o'clock, I was in the shop, and heard a noise in the window—I urned round, and saw the prisoner's hand in the window—I saw him plainly—the square of glass was entire before he broke it—I ran out, and he ran off with two watches, which I saw him take out of the window—I ran after him, crying "Stop thief," and the policeman stopped him—I saw him throw the watches down—one of them fell on a ledge over the baker's shop, and the other fell in the road—I took them up, and knew them to be Mr. Kirkwood's property—they are worth about 2l.—the window had been repaired the day before, and was sound at the time this occurred—I found pieces of glass within the window.
Prisoner. Q. Did you hear me break the window? A. No, but I heard the watches rattle—the window does not seem to have been knocked
in—the putty was quite fresh, being put in only the day before—it seemed as if some instrument had been put in to star the glass, and then it could be pushed in—I think it did not require force—there was an impression in three places in the putty.
JAMES ESSEX (police-constable G 68.) On the morning of the 4th of February I heard an alarm of "Stop thief" in Old-street, and saw the prisoner running—I overtook him—he wrestled very much to get away—I held him till Rosenburg came up, and said, "He has got some watches"—the prisoner immediately threw them out of his hand—the prosecutor got them—I shoted him into the shop, but found no property on him—the outer case of one watch fell on a baker's shop-window, and broke the works—as I was taking him along, he up with his hand, and struck me a violent blow in the mouth.
(Property produced and sworn to.)
Prisoner. I saw the window broken, and being put of employ, I was tempted to take them.
GUILTY. Aged 18.— Confined Two Years in the Penitentiary, and then Transported for Seven Years.
750. JOSEPH PENMAN was indicted for burglariously breaking and entering the warehouse of Charles Gier White and others, on the 27th of February, at All Saints, Poplar, with intent to steal, and stealing therein 1 chocolate-pot, value 4s.; 5 coffee-biggins, value 2l. 3s.; 5 tea-pots, value 18s.; 86 knives, value 2l.; 86 forks, value 30s.; 35 spoons, value 7s.; and 1 bag, value 6d.; their goods.
THOMAS ENSUM (police-constable K 53.) I was on duty in Emmett-street, Poplar, on the night of the 27th of February, at ten o'clock—after passing Mr. White's warehouse, in Ferry-road, I heard a noise of rustling of paper—I turned round, and saw the prisoner come out of Mr. White's warehouse with a bag on his back—on seeing me he dropped it, and ran any towards Garford-street—I pursued, and secured him at the top of the street—just before that he tripped, and his hat came off—on getting up, he ran on without his hat, and at the end of the street I secured him—he straggled, and struck me twice, and bit me through the arm—I fell to the ground, and another officer came to my assistance—I went to Mr. White's warehouse, and found the bag four or five feet from the door—Mr. White came, and claimed the property in the bag—it was tea and coffee-pots—when I took the prisoner to the station-house he said he was not the thief—I never lost sight of him.
Prisoner. He must have lost sight of me in turning a corner. Witness. I did not, as I was close to him, having gained ground on him—no one was running besides him.
CHARLES GIER WHITE . I am an anchorsmith, and live in Emmett-street, Ferry-road, in the parish of All Saints, Poplar. I am in partner-ship with three others—one front of the warehouse is in Emmett-street, and the other in Ferry-road—my dwelling-house is separate from the warehouse—on the 27th of February, at half past eleven o'clock, I was called by the policeman, and found the prisoner in his custody, and a bag with property in it, which I immediately identified as mine—it had been in my warehouse—the door appeared to have been opened from within, and there was an inner door forced—the warehouse had been entered by the internal Door—a person might have got to the internal door without breaking, but not through it—it was broken—the pannel to which the hasp was attached
tached was broken out—the bag contained the articles stated, which have my marks on them.
WILLIAM PHILLIP LASH . I am foreman to White and Co. I was called to the warehouse about eleven o'clock on the 27th of February, and saw the prisoner in custody—I could identify the contents of the bag—one parcel, in particular, had my private mark on it—I knew the prisoner before—he is a blacksmith—he had called on that day to ask for a job—he had previously worked for my employers—I told him we were very slack, and could not give him a job—I observed the internal door, and it was safe about six o'clock in the evening—the key was left inside the door—there are two doors—one I locked and put the key of it in my cupboard, and another door, communicating with the street, I locked, and took the key to the dwelling-house about half-past seven o'clock, when I left the premises safe.
JAMES HAYLEY . I saw the warehouse on the night of the 27th—I fastened every bolt, lock, and bar perfectly safe about five minutes after six o'clock that night—a person could get through the first door by taking down a bar which I put up across the door—that must be done inside the premises.
MR. WHITE re-examined. The warehouse it connected with a smithery there are shutters in that place to admit air—they shut down at night, but we are not particular in fastening them, and by getting through a person might get to the internal door.
Prisoner's Defence. I was passing up Mill-wall, and could not get across the water to go to my lodging—on returning back I saw the door open, and went towards it, and as I came by the shop the policeman called after me and I ran away—I could have got away from him altogether if I had wished, but when I dropped my hat I stopped to pick it up.
GUILTY . Aged 32.— Transported for Fourteen Years.
NEW COURT.—Friday, March 3rd, 1837.
Sixth Jury, before Mr. Common Sergeant.
751. AUGUSTUS HAWKES was indicted for stealing, on the 13th of January, 4 combs, value 6s.; 1 necklace, value 14s.; 2 card-cases, value 1l.; and 3 pairs of bracelets, value 2l. 5s.; the goods of John Kendall and others, his masters.
JOHN KENDALL . I am in partnership with three other persons—we are importers and general dealers in Adelaide-street, Strand—the prisoner was in my service—he had rather more than 50l. a year—I missed a great quantity of goods that could not be accounted for, and sent for the prisoner into the office—I said I had a strong suspicion he was robbing me, and desired him to shew what he had in his pocket—he produced a few needles—I was not satisfied—I sent to Bow-street and got an officer.
MR. KENDALL. I know this pair of bracelets in particular, they have No. 47 on them.
JAMES WOLLEN . I live at No. 26, Church-street, Soho. I received these bracelets from a person of the name of Miller—he came to my house with the prisoner, and asked me to have these three pairs of bracelets—I said, "I Don't want them at all"—the prisoner asked me 1l. for them, and then they wanted 15s.—I knew Miller some time—we went to a public-house
with him, and he said, if I would lend him 10s., he would come and have them again—I am not in any business now—I was an attorney's clerk—I have enough to live on now—I do not deal in any thing; but, if I find any thing worth my while, I buy it—I frequently have had a ticket of a gold watch and other things.
RICHARD MILLER . I am an accountant, and live in Serle's-place. I saw the property in the hands of the prisoner—he wished me to go and pawn it—I offered them to two or three pawnbrokers, but they would notlend enough—he wanted 1l. on them—I had known Mr. Wollen some time—during the time his wife was living I had been in the habit of going to see him—I thought he might dispose of them—he is not in the habit of Doing so, but I thought he might.
JOHN KENDALL . The prisoner was in the employ of me and my partners—I lost a great quantity of goods—on the 1st of February I sent for an officer and gave him into custody—these ear-rings and purse were found on him in my presence by the officer Gardner—the prisoner said he had taken them that day from the glass case in the shop.
RICHARD GARDNER . I am an officer. I was sent for, and took the prisoner—I asked where he got them, and said he need not tell me without he liked—he said he took them from the glasscase in the shop that day.
GUILTY . Aged 20.— Transported for Fourteen Years.
BENJAMIN RICHARDSON . I live in Southampton-buildings, Chancery-lane. I was in Holborn, with a friend, opposite the Bell and Crown, on Tuesday, the 28th of February, between a quarter and half-past six o'clock—I felt what appeared to me to be a man's hand in my pocket—I turned round immediately, putting one hand on my pocket, and my handkerchief was gone—I then turned round on the right and saw the prisoner within arm's length, I should say, and no one near him—he was just starting from the pavement—I ran and caught him about three or four paces off, and charged him with the theft, which he denied—I brought him back, and on my return I saw my handkerchief lying on the curb, just by the spot where we had just left the pavement—I took him into the shop of Mr. Cross, the map-seller, about ten or twenty yards off, and sent for a policeman—it is impossible the handkerchief could have dropped out of my pocket—in coining from Holborn-hill I put it into my pocket with considerable care, having mentioned to my friend that there had been so many robberies about there.
Cross-examined by MR. CLARKSON. Q. You came back to the place after You had taken the prisoner? A. Yes—I turned sharp round as soon as I felt him—I was near the edge of the pavement—I am quite certain I felt the hand in my pocket.
Cross-examined. Q. How near should you lay was the newest person
to the prisoner at the time? A. Within a yard or two of him—there might have been more than one person—I could not look behind me.
GUILTY . Aged 28.— Transported for Fourteen Years.
GEORGE HENRY DAVIDSON . I live in Tudor-street, and am a printer. The prisoner was in my employ as warehouseman—I lost a quantity of paper—this is part of it—I know it by the quality and make, and I hare some that matches it exactly.
Cross-examined by MR. DOANE. Q. When do you suppose you lost it? A. I was not aware of it till the prisoner was taken, and then I compared it with some of my stock—I am aware that about that time, there had been some of my men getting drunk, and having a frolic.
JOHN MASON . I am a butcher, and live at No. 2, Shoe-lane. Between six and seven o'clock on Wednesday evening, the 8th of February, the prisoner brought this small bundle of paper to my shop, with some other—he said, would I buy any waste paper—I weighed it, and gave him 3d., a 1b. for it—there was a lot of printed paper outside this, and when I came to undo it I found these four or five quires of white paper—I put this away into my desk, and there it remained till the next evening, when he came again with this other quantity of paper on his shoulder, and put it into the scale—I turned it over, and said, "I shan't buy this; You certainly stole it"—he said, if I would not buy it somebody else would—he took it on his shoulder, and went out—I followed, and saw him going into a cheesemonger's shop—I took the paper off his shoulder, and said, "You shan't take this any further till I know where you got it"—he urged me to give it up—I said I should not—he said he would fetch a man who would prove he got it honestly—he went away, and never returned—I went about and inquired, and the next night I went to the prosecutor's and the prisoner came down as the warehouseman—I said, "You are the man I want; I looked for you all last evening and this evening."
CHARLES THORPE . I am an officer, and took the prisoner—I received the paper, and have had it ever since—I found a key upon him, which he said was the key of his room—I went with another officer, and found a quantity of paper there, but could not find any owner for it—he said, "That paper did not come from Mr. Davidson's, but this did; I should not have taken it if I had not been drunk."
Cross-examined. Q. Did you take him straight to the station-house? A. Yes—I went into one public-house with him in bringing him to New-gate—the prisoner and his friends, and I, went twice into the same house at Guildhall, but it was on the road to Guildhall this confession took place—I am not in the habit of going to public-houses with persons who are charged with felony, but he begged me to let him have half a pint of beer—I did not drink with him—I drank afterwards with some of his friends. (MR. DOANE stated that the prisoner and the other men had been getting intoxicated, and that he had taken this by mistake with some waste paper which they were allowed to have.)
GUILTY . Aged 43.— Transported for Seven Years.
ROBERT MARSHALL . I deal in coals, and live in Cleveland-street, Fitzroy-square. The prisoner was my servant—it was his business to receive money for the goods he took out, and to pay me directly—he has never paid me 8d. from Mrs. Kennett, nor 4s. 6d. rom Mrs. Sweetland, nor 12s. from Mrs. Locke—I keep books, but they are not here—I referred to them, and am sure I have not received those sums.
Prisoner. I leave it to your mercy.
GUILTY . aged 29.— Confined Twelve Months. (There was another indictment against the prisoner.)
HARRIET WHITFORD . I am shopwoman to Mrs. Caplin of Great Portland-street. She is the wife of John Caplin—on the 24th of December I gave the prisoner two bonnet-shapes, to go to Miss Berry's in Beaumont-street—the bill was 5s.—he returned, but did not bring the money—I sent him again on Monday—he came back, and said the lady was engaged—I sent him again, and he said the lady was out of town—I have not received the 5s.—I keep the accounts.
Prisoner. you were talking to Mrs. Curtis and your brother at the time, and did not give me the receipt. Witness. Yes, I did.
ANN JARRELL . I am servant to Miss Berry. On Christmas eve the prisoner came with the bonnet-shapes, and I took them up stairs—Miss Berry gave me two half-crowns—I gave them to the prisoner, and he thanked me for them—he never gave me a receipt—I did not ask him for one.
WILLIAM ELLIOTT . I am an officer. The prisoner was pointed out to me by Ann Jarrell—I said, "What have you done with the money that young girl gave you?"—he made no answer—I asked him again—he said, "I went to the play with the apprentice, and spent it"—he called me aside at the station, and said, "Will you tell my mistress if she don't come against me, I will make it up to her."
GUILTY . Aged 16.— Confined One Month; One Week Solitary.
757. GEORGE ATKINS was indicted for stealing, on the 29th of February, 1 shirt, value 2s.; 1 pinafore, value 2d.; and 1 frock, value 2s.; the goods of William Pratt: and 1 rasp, value 9d.; 1 shoemaker's stick, value 3d.; 1 file, value 6d.; and 1 piece of leather, value 9d.; the goods of John Remon.
MARY ANNE PRATT . I am the wife of William Pratt, a shoemaker, of Caroline-place, Somers' Town. On the 27th of January the prisoner came and asked my husband to give him work as a boy—my husband said he could not take him on boy's wages, as he could not live on that—he said he was starving—we gave him victuals for three days, and gave him 1s. 2d., and kept him till the Sunday evening—he then said he was
going to chapel, and went away—I had seen the shirt and pinafore that afternoon—here is part of the property—these other things were missing also—this is a child's frock—no one else had the opportunity of taking it.
Prisoner. There was a woman sitting by your side. Witness. Yes; he pretended to us that he was a Methodist, and my husband said if he had never disgraced them, we would send for a woman to come and write a letter for him, and that woman came to write it, but she never crossed the room.
THOMAS NICKLIN (police-constable S 163.) I took the prisoner, and have two duplicates—one of them is for this frock—he said he lived at No. 4, Monmouth-strect—I went there, and he did not live there—I got the duplicate from another officer, who is not here.
Prisoner. I did not pledge it. I am innocent—he has taken a false oath.
GUILTY .† Aged 22.— Transported for Seven Years.
MR. CLARKSON conducted the Prosecution.
WILLIAM PYNE . I am a solicitor, and live at Ryde Cottage, Kilburn. The prisoner was my coachman for about twelve months—he lived with my brother before he lived with me, for about fifteen months, and on his going to India, I took him—on Saturday, the 11th of February, I desired him to pay a bill of 37l. 2s. 5d., to Mr. Hale, a corn-chandler—I gave him a £50 bank-note for that purpose, and 2s. 5d.—I directed him to pay the bill and return me 13l. and the receipt—Hale lives about a quarter of a mile from me—I believe the prisoner came back that night, but I did not see him—the next day, about one o'clock, I sent for him, but he was not there—I made inquiries, and then gave information.
ROBERT HALE . I am a butcher, and live at Kilburn, and am brother to Mr. Hale the corn-chandler. I know the prisoner perfectly well—on the evening of the 11th of February he came to my house for change for a £50 note—I gave him two £10 and six £5 notes—he told me he was going to my brother's to pay a bill.
DANIEL NORGAN (police-constable D 38.) On Sunday evening, the 12th of February, I received information against the prisoner, about half-past six o'clock—at ten o'clock I saw him get out of a cab, in Great James-street, St. Mrylebone, about three miles from Kilburn—he did not go to any house—he stopped opposite No. 57—I observed him speak to a female—I went and asked whose crest was on his buttons—he said, "Here it is, You may see"—(he was the worse for liquor, but he could understand what I said)—I asked if he had not been entrusted with a £50 note to get change—he said no, he was not the man—I took him into custody—we went down Harcourt-street, and he attempted to rescue himself, by putting my cape over my head, but I held him fast, and he said, "I am done, my character is gone"—I took him to the station, and found on him two sovereigns, eight half-crowns, nine shillings, three sixpences, and 1s. 0 1/2 d. in copper, eight duplicates, and a bill for corn for 37l. 2s. 5d., at Mr. Hale's—I went back to No. 57, Great James-street, and found the young woman I had seen him speak to, standing at the door, and from what she said we
went into a back room—she unlocked a box, and gave me two £10 notes and five £5 notes—after I had searched the prisoner at the station, the inspector asked him what he had done with the money—he said he had lost it, and that was the reason he had not returned to his master.
Prisoner's Defence. I came to town on the Sunday morning for my clean linen, to a young woman I keep company with—I met a few friends, and drank more than I ought—I changed one note, and gave this young woman the remainder of the money, and thought to make up the money and take the bill as I went back—I had no intention to rob my master.
GUILTY. Aged 25.—Recommended to mercy by the Jury and Prosecutor. Confined Six Months; One Week Solitary.
THOMAS JOHN FLOWER . I live in Great Castle-street, and am a jeweller. I was leaving my brother's house on the 17th of February, between one and two o'clock in the morning, in Greek-street, Soho, and was going to Great Castle-street—within twenty or thirty yards of it I fell down—I cannot say whether I was knocked down—I had been drinking—I was not drunk—I was insensible for two or three hours, and one of the teeth of my lower jaw was broken—I lost this handkerchief.
Cross-examined by MR. BODKIN. Q. Had you been drinking? A. Yes—I bad had two glasses of gin and water and some supper—I was not conscious of receiving any blow.
WILLIAM TOMLINSON (police-constable E 68.) A little before two o'clock on Friday morning, the 17th of February, I found Mr. Flower on the pavement—I hastened up and saw the prisoner and another man standing not far from him—they said, "Here is a dead man"—I called a brother constable, and we took him to the hospital, and got his face washed and his wounds dressed, and the men went with us—the prisoner offered to assist us in taking the prosecutor home—we refused, and in a little while Wilson said to me, "Hold Mr. Flower fast"—I turned my head and saw him take out of the prisoner's hand a handkerchief, which I believe to be this.
Cross-examined. Q. You omitted to mention, I think, that you were called to the person on the ground by the cry of "Police?" A. Yes, and then I found the prisoner and a friend of his standing by—they were about thirty yards from me when I first saw them—they might have been drinking, but were not the worse for liquor.
WILLIAM WILSON (police-sergeant E 12.) I found the prosecutor in the hospital—I went and saw the prisoner and another person—we were taking Mr. Flower home, and the prisoner followed us with another—they stopped a little way behind, and overtook us again in Titchfield-street—the prisoner aid, "Have you not got him home yet?"—he went a little further, and got hold of his arm—I said, "Let him alone"—we walked a pace or two further, and I saw the prisoner's hand in Mr. Flower's pocket, and he drew out this handkerchief—I said, "What are you at there?" and caught his hand—he said, "Oh, here is his handkerchief"—I then took him into custody—in going along he said, "I am only a poor servant; let me go;
say no more about it"—when opposite Holies-street he broke away from me—I caught him, and a constable coming up I gave him into custody.
MR. BODKIN to T. J. FLOWER. Q. Had you a watch and money about you? A I had some money, but no watch—the policeman took care of the money—there Mere some papers brought to me the next morning by the waterman on the stand—my money was in my breeches pocket—I cannot tell how lately before they had been safe—I was half a mile from my brother's.
NOT GUILTY .
WILLIAM WAKELING . I live in Milbank-street, Westminster, and am foreman to William and John Freeman, stone-merchants. The prisoner was formerly in their employ as a stone-sawyer—these four saw-plates belong to them—the prisoner was working there the day they were lost.
THOMAS WICKENS (police-constable B 138.) At a quarter past nine o'clock, on the 16th of February, I met the prisoner in Frederick-street, Regent-street, Westminster, with these four saw-plates on his shoulder—I followed him into a marine-store shop—I went and asked how he came by them—he said they were his own—I asked where he worked—he said, at Mr. Freeman's, by the Vauxhall-bridge; if I went there he would convince me they were his—I went there—it was shut up—there was no one there—I took him back to the station, and then he said he had taken them from his master, to make a shilling or two of them.
Prisoner. I was taking them to get a shilling or two, to get some medicine for my little one, who was ill.
(The prisoner received a good character.)
GUILTY . Aged 35.— Confined One Month.
761. HONORA LANE was indicted for stealing, on the 5th of February, 1 pair of boots, value 3d.; 1 pair of shoes, value 3d.; 2 caps, value 6d.; 2 collars, value 6d.; 2 pieces of fur, value 1s.; 1 mug, value 1d.; 1 stock, value 1s.; and 1/2 lb. weight of beef, value 2d.; the goods of Solomon Hyam Andrade, her master.
SOLOMON HYAM ANDEADE . I live in Great Alie-street. The prisoner was in my service for about three weeks—she was to leave on the 7th of February, but on the 5th she threw a large coal at my sister-in-law, and I was induced to tell her to quit at the moment—she hesitated a little, and then said she would go—she put on her bonnet, and took her box under her arm—I said her box ought to be examined before she left, which she would not agree to—I asked her several times, but she still declined—I sent for a policeman—during that time I saw her go to her box, and from there to the water-closet, and return—she was then requested to open her box—she consented, and the things which are now here were in it—I believe them to be mine—the boots I can swear to, because they have some pieces placed in them—this tippet I believe is mine—I deal in these the articles.
Prisoner's Defence. I took the piece of beef through want—my master did not give me any dinner—I was cleaning the yard, and found the other things among the dust, and put them into my box.
S. H. AMDRADE re-examined. I did not refuse her any dinner—she refused to eat Meat on Friday, and we allowed her fish.
GUILTY.* Aged 23.—Recommended to mercy by the Prosecutor. Confined One Month.
SAMUEL WOOD . I am shopman to Mr. James Payne Lloyd, of Coventry-street, a boot-maker. About eight o'clock in the evening of the 9th of February I was behind the counter—the prisoner came and took a pair of boots from the brass rail inside the window—I could not leave the shop, as I had no one there—I went to the door, and called, "Stop thief"—several ran after him, and he was brought back with the boots—these are them—I am sure he is the person who took them.
Prisoner. I am innocent—I was brought back to the shop, but I had not the boots—I was two hundred yards from the shop before any one came after me—I was walking when they took me.
GUILTY . Aged 19.— Confined Three Months; Three Weeks Solitary.
RICHARD PHILLIPS LONG . I live in Theberton-street, Islington, and am a potato-dealer. On the 6th of February, about half-past nine o'clock at night, I missed a sack of potatoes which was standing just outside the Door—Smith gave me information, I ran down the street, and found the prisoner with them—the sack is the one I lost.
Prisoner. On the Tuesday, up at Hatton-garden, yourefused to swear tome, although persuaded so to Do—You took the book several times, and then would not swear—You were brought up on the Saturday, and then You would not swear till you were persuaded.
COURT. Q. Is that so? A. Yes; the Judge persuaded me—I said I would not take my oath to the man, but I saw a man take them, and walk off with them.
Prisoner's Defence. As I was going along, I saw the sack with the potatoes lying on the curb—I took it up, put it under my arm, and was walking gently on for the space of four hundred yards when the prosecutor tapped me on the shoulder—he asked what I bad got—I said, "I do not know"—I went quietly back.
GUILTY . Aged 50.— Confined One Month.
o'clock on the evening of the 5th of February, I was returning with my daughter from church—she knocked at my door—I was standing there, and the prisoner came behind—he happened to brush my elbow, that indued me to look round, and I saw him—my handkerchief was about half out of my pocket—I saw the end of it fly out of my pocket—I said, "You rascal. You have picked my pocket"—he ran off—I pursued, calling, "Stop thief"—this is my handkerchief.
Cross-examined by MR. BODKIN. Q. How far is that from church? A. I suppose two miles—my daughter knocked, and my son came to the Door; and much about the time the door opened this was done—I was standing sideways—we are connected with the shipping, and I stepped of the pavement to see which way the wind blew.
GEORGE HUNT (police-constable K 136.) I heard the cry of "Stop thief—I ran across and collared the prisoner" who was running—he swung me round—this handkerchief was in his hand at the time, and he flung it away.
Cross-examined. Q. Did you not say you thought you saw him throw it away, when before the Magistrate? A. No; nothing of the sort—a gentleman came up while I was taking him—he did not say I was mistaken in the prisoner—he picked up the handkerchief, and handed it to me—while the party you are speaking about was trying to bully me about the prisoner the gentleman said, what was lost—I said a handkerchief, and he gave it over to me—some one said I was mistaken.
GUILTY . Aged 20.— Confined Three Months.
MARTHA HALFHIDE . I am the wife of Joseph Halfhide, of Friar'salley. I was at St. James's church, Clerkenwell when the prisoner was married to Martha Whitbread, on the 15th of October, 1821—she is now alive and in this Court—they lived together nearly seven years—she then went into the country to her mother's.
(The prisoner put in a written Defence, stating that he had left his first wife on account of her acts of dishonesty, and habits of intoxication.)
GUILTY . Aged 36.— Confined Three Months.
MR. BODKIN conducted the Prosecution.
JOSEPH BRACE . I am a tanner, and reside at Bermondsey. On the 9th of January 1836, I packed up six dozen of seal binders, to be sent to an office in Giltspur-street—I delivered them to Dismore, my servant, to convey them in a truck—I believe these to be the skins—there is particular mark on one of them—they were worth 12l. 16s.
Cross-examined by MR. CLARKSON. Q. They are striped skin, are they not? A. Yes; they are leather.
JOHN DISMORK . I was in the employ of the prosecutor. On the 9th of January 1836, I remember receiving a parcel of striped skins—I put them into my truck to take them to Giltspur-street—I saw them safe at St. Paul's Churchyard—I found a pressure come on my hand when they
were taken—I did not see any body take them—I looked round and found the truck empty.
Cross-examined by MR. PHILLIPS. Q. Did he not say ha sold them at a loose? A. He told me he should get nothing by them, and when I paid him be said he loat 10s. by them.
HENRY COHEN . I live at No. 1, Caroline-street, Hackney-road. I sold this parcel of skins to Mr. Ball—I purchased them of a person named Sugg about a year and two months ago—I gave him 9l—I am out of business at present—I was a shoemaker, and kept a shop in Bishopsgate-street—under these circumstances, I did deal in leather.
Cross-examined by MR. PHILLIPS. Q. How long did you keep that leather by you? A. Since January, 1836—I sold it about six weeks ago—I became embarrassed during the course of that year—a gentleman of the name of Faulke-ner was my sole creditor—I did not pay him—I did not hand over these skins in part payment of my debts—I owed him between 80l. and 90l.—I was very much distressed—I had no necessity to sell these skins, as I was supported by my friends—I was in expectation of a friend coming forward, to settle with my creditor, but he did not—if he had, I should have resumed business with this stock, and others—I did not shot up my shop—I caused it to be shut up by James King, a friend of mine—I did not leave any person in the house—I went to No. 186, Brick-lane, Spital-fields—I took the leather with me—I am sure I gave 9l. to Stagg for them—Stagg is no friend of mine—he never dealt with me—I dealt with him—I consider that after keeping goods a length of time, and selling them again at the same, I sell at a loss—I should think every one of them was striped that I bought from Stagg—that I swear positively—I never desired Stagg to say that I gave 8l. for them, but he has stated so—I think it was on the 15th of January, 1836, that I bought them—I removed none of my furniture when I shut up shop—I left it all behind, with nobody in the house—I left the shop because my goods were taken away—I was distrained on for rent—all the property wat not taken—I owed for two quarters 42l. 10s.—I have paid neither landlord nor creditor—the 43l. 10s. was cleared by the sale of the goods—I did remove some goods—these are part of them—I am not bound to state how much I moved—I decline answering—I will not tell what kind of articles I removed—I will not answer, because it may prejudice me in another quaiter—in the Insolent Debtors' Court—if I go there, it will be voluntarily on my part—I am not afraid—I have not the least notion of going there, but there is a possibility of it—I owe 80l. on my own account, and I have lent acceptances to four bills, I think about 200l.—I left 130l., which paid the rent, and all the expenses—I had known Stagg three years and a half or four years.
MR. BODKIN. Q. How long have you been in embarrassed circum-stances? A. From May, 1836—I have not yet made an offer to arrange my affairs—my rent and expenses were settled, and I had 6s. or 7s. back.
THOMAS STAGG . I live at No. 10, Montague-street, Brick-lane, and am a shoemaker. I sold Cohen some skins between the 20th and 25th of January, 1836—they were turned over at the office—thaw were some that were not striped in what I sold, and some that were—I could not find
among the striped skins some I sold to Cohen, but I could swear that some brown and black skins were taken out, and some striped skins put in—I sold them for 5l.—he gave me four sovereigns and two half-sove-reigns; not on my own account, but for the prisoner who came to my house, and asked me if I wanted such things—I told him I did not use them—there were some that were not striped, and some were—I cannot swear that I sold these to Cohen—some of the skins I sold were of the same kind as these—I referred the prisoner to Mr. Cohen, for whom I worked—I went to him—he was very ill—I showed him the skins, and asked if he would buy them—he asked what was wanted for them—I said, "6l."—he said, "I will give 5l—I said, "You can come down to my house, and settle for them"—I carried them to him, and he bought them for 5l.—I gave the prisoner all but the 5s. that Mr. Cohen gave me—we went to a public-house, and had one quartern of liquor, which Turner paid for.
Cross-examined by MR. CLARKSON. Q. you have not heard Coben swear that he gave you 9l. for them? A. I have heard it, but it is false, and I will prove it to the Court—I really do not know these skins, but I saw Cohen count them over, and some of them were not striped—I said, "If I should want these, will you let me have them?"—Cohen came to me and asked if I would say I had 8l. for them, but I made no answer—I was taken into custody, and then the account I gave was, that the skins I received from the prisoner I sold to Cohen—I do not know whether these were them, except that some of them were striped—it is a common thing to have striped skins.
RHODA COOK . About twelve months ago I was servant to Mr. Stagg. About that time I saw the prisoner come to Mr. Stagg's place with two bundles, and offer them for sale—my master said he did not want then himself, but he knew a master he had worked for who would very likely buy them, and when my master came home I overheard him say that Mr. Cohen had given him 5l.
GEORGE KEMP . I am a policeman. I apprehended the prisoner—I told him he was taken for stealing six dozen of seal skin binders last January twelve months—he denied all knowledge of it—I told him he took them to Stagg's house—he said he did not—though he knew Stagg, and had been in his company several times, at a public-house, but he had never been at Stagg's house.
NOT GUILTY .
Fifth Jury, before Mr. Sergeant Arabia.
767. THOMAS COCHRANE was indicted for stealing, on the 9th of February, 1 bed, value 12s.; 2 pillows, value 2s.; 1 bolster, value 1s.; 2 pillow-cases, value 1s.; 2 sheets, value 6s.; 1 blanket, value 3s.; 1 clock, value 10s.; and 1 coat, value 9s.; the goods of Henry Godfrey and GEORGE MOODY for feloniously receiving the same; well knowing them to have been stolen; against the Statute, &c.
HENRY GODFREY . I live in Upper Ogle-street, Marylebona. I have known Cochrane nearly three years, by his lodging at the Gloster tap—on Wednesday morning, the 8th of February, I was told that he was passing my window—I sent for him, and asked him to have something—he said he did not care—I sent for a quartern of gin—he went away—the next evening I went out at half-past six o'clock, and locked up the front parlour, where I live—I returned about half-past eleven o'clock—I unlocked the street door, the parlour door was shut, but not locked—I went in and
missed the bed and bed clothes, a clock and great coat—I suspected Cochrane, as but few persons knew me—I went to the Seven-dials, and made inquiry—I was directed to Ivory, a broker, and he told me something, in consequence of which I went to No. 4, Tower-street—Moody lives there—the street door was open—I went in and knocked at the shop door, and Moody said, "Who is there?"—I said, "Me"—I said, "Have you not bought a bed, a clock, and some things of a man of the name of Cochrane, to-night?"—he said, "No"—I said, "I have got him at the station-house, and he says he sold them to you"—he replied, "I will strike a light, and let you in"—I went in and saw this bed of mine tied up, and the clock standing right opposite me—he at first said he had no such property, that I am quite sure of; but when I went in he said he had bought them of a man named Cochrane—that he had paid him 6s. off, and was to give him 17s.
Cross-examined by MR. JONES. Q. you were a lodger in Ogle-street? A. Yes; I lodged there about ten weeks—I had the bed about a year and a half—Amy Oakley has lived with me there for three years at my wife—the never lived with Cochrane—I do not know that she ever saw him above three times—he was a friend of mine, not of her's—Oakley had not complained of my ill using her about that time—we went out together that evening—I parted with her at seven o'clock, and met her again very near eleven o'clock—I left her in Jermyn-street—I had been out with a cab—I am both a day and night cabman—Cochrane did not say he sold the things by Oakley's desire—he said a man gave them to him in the street—he did not tell me he had got 6s. from Moody and given it to Oakley—I do not bow whether I have been here before—I Was in the dock about three years and five months ago—it is so long ago I have almost forgotten what for—I was transported for stealing a watch, in 1826—I was then a very bad boy, and it has been a lesson to me—I might have been in Newgate at another time, I do not know—I think I was, but it is so long ago I forget what for—I was not tried with one Thomas Rhodes—I have a slight recollection of the person—I was charged with stealing gold watches again, with Thomas Lock—I then got convicted, and had six months—I forget whether I was ever committed for any thing else.
Cross-examined by MR. DOANE. Q. When you went to Moody he was in bed? A. I have every reason to believe he was—I think it was two o'clock in the morning.
JAMS IVORY . I live in Great Earl-street, and am a licensed appraiser. On Thursday night, the 9th of February, Cochrane came to my house at a few minutes after eight o'clock, and asked if 1 would buy some bedding and a clock—I had shut up, or I should have bought them.
Cross-examined by MR. JONES. Q. Was there a woman with him? A. No—I was inside my shop—I merely answered him at the door—I know Oakley—she is no friend of mine—he was not above a minute or two with me.
SAMUEL COBHAM . I am an oilman, and live in Norfolk-street, Middle sex Hospital. I was at Moody's shop on Thursday, the 9th of February, about eight o'clock in the evening—I went as a visitor of a Philanthropic Society to make some inquiries, and while I was there Cochrane came in with a bed—Mrs. Moody was present, and her father—the prisoner Moody was below stairs—Mrs. Moody sent one of the children to call him up, and his wife said, "This man has brought these things"—he said, "What does he want for them?"—she said, "He wants 1l."—he said, "I think that
is too much, but you can make as good a bargain at I can," and he left her—they then had some argument about the price—she agreed to give Cochrane 14s.—she said, "Have you nothing more?"—he said, "I hare a clock"—he fetched it—they appeared then to have a sort of new bargain and I think they ultimately agreed at 17s.—she said she had not the money that evening but would give him part; I think she said 5s. or 6s.—she said, "If you come at eight o'clock in the morning I can give you the money; we have some money coming from a sale."
Cross-examined by MR. JONES. Q. Do you know Amy Oakley? A. I do not—I did not see any woman standing there—when Mrs. Moody agreed to give him 5s. or 6s. I do not recollect his saying he would go and ask any person—it might occur—I only recollect his going out to fetch the clock—he was back in two or three minutes.
JOHN TUCK (police-constable T 79.) I went with Mr. Godfrey to Moody's, between one and two o'clock on Friday, the 10th of February—the prosecutor asked him if he had not bought a bed, and clock, and some other articles, of Thomas Cochrane—he said, "No"—the prosecutor said it was of no use to deny it; the man was locked up at Bow-street, and told him he had got the property—he said, "If that is the case, I will tell you"—he then opened the door—the prosecutor went in and recognised the bed and clock—these are them—the blankets, and sheets, and all were together.
HENRY GODFREY . This is all my property—when I went out I left the Door locked—I returned at half-past eleven o'clock, and found the street Door locked—I put my key in the parlour door, and it was not as it was left.
Cross-examined by MR. JONES. Q. You left Oakley in Jermyn-street? A. Yes—I saw her again in St. James's-street—I did not see her between seven and eleven o'clock—I took the key with me—I should think Oakley had no means of getting in—if she had wanted to go home she could not get in without coming to me—when I went home the door had been opened, but not broken.
MR. JONES called
AMY OAKLEY . I am single. I have lived with Godfrey three years and a half—I remember going out on the evening of the 9th of February, with Godfrey—he took the key—I parted with him by St. James's church—I did not take the key then—I went over the water to seek for a penson named Davis—I returned to Godfrey, and met him about eleven o'clock—I was all that time seeking for Davis—I went to Francis-street, over Westminster-bridge—I did not find him—I then went back, but I did not meet Godfrey directly, because he was driving, and I took a walk by myself—I did not see Cochrane that evening—I saw him on the Wednesday—he passed our windows, and I said to Godfrey, "There is the man passing that they call Tom Cochrane"—I called him in—I did not see him on the day the bed was taken—I never lived with him—I never saw him above three times in my life—I was never on intimate terms with him—I know his family and his sisters; I have known him three years since he came home from transportation—I have heard he has been transported—I do not know it—I have tried to sell that bed before—Godfrey sent me for a broker—that was about two or three months ago—Godfrey was in the room—I do not know the name of the person I tried to sell it to—he lives in Noble-court—I hare had no occasion to tomplain that Godfrey has ill treated me—I have not been in the habit of taking walks of an evening since I have been with Godfrey—he keeps me as well as he can—I had some gin with Cochrane the day before the bed was taken, when Godfrey was there, but not when he was
not—I have never drank with Cochrane in a public-house—I did not sell the bed when I tried to do it before—Godfrey generally took the key.
CAROLINE DAVIS . I remember Amy Oakley applying to me to purchase a bed—a little girl came to my shop, and I went to No. 8, Upper Ogle-street, and saw Oakley and the prosecutor—she had never applied to me for anything else.
COCHRANE*— GUILTY . Aged 27.— Transported for Seven Years.
MOODY— NOT GUILTY .
THOMAS GLOSSER . I am an interpreter to foreign gentlemen, and am a native of Trieste, in Austria. I fell in with the prisoner as I was going home, in High-street, Shadwell, and went home with her, I sat down in the chair, and she said, "Why don't you come to bed?"—I said, "I shall not go to bed, I want to go home"—a woman came up, and said the wanted the money for the bed—I gave her 1s., the prisoner said would I give her any thing—I gave her some money—the woman went and got some half-and-half—I did not drink any—thet woman drank it—the prisoner came on my knees, put her hand on the guard of my watch, and then slipped her hand into my pocket—I said, "What are You about?"—she said, "Nothing"—I caught her hand, and said, "You hire got my money"—she said, "I have not"—the woman came up, and said, "Give the roan his money, you have got it"—the prisoner said, "I have not"—I had got two half-crowns and two shillings in my waistcoat pocket, and she would not give it back—the woman went and got the policeman, and the two half-crowns and one shilling were found in her hand.
Prisoner. He said at first that, I. took 10s. from him, out of his pocket. Witness. No; I said 7s.
Prisnoer. The shilling I had for making a frock, and a woman lent me the two half-crowns—the prosecutor's questions did not suit my ways, and he said he would make me smart for it.
GUILTY. Aged 42.— Judgment Respited.
THOMAS WAKE . On the 14th of February, at a quarter past four o'clock, I was in Goswell-street, and saw Coleman take a boot from Mr. Wilton's shop by the side of and door, and give it to Jones—Coleman then walked away—I went and gave an alarm to Mr. Wilson, and kept sight of Coleman—Jones ran away—I told the policeman, and he was taken first, and Coleman was taken in about three minutes—I can swear to them both.
Jones. Q. Did you see me take one boot? Witness. Yes, I did—I did not know you had a pair till you were taken.
JOEL CHANEY . I am a City-policeman. I was told to follow Jones—he ran round Charter House-square—I cried, "Stop thief"—a gentleman made a hit at him with his stick, and then Edgar stopped him—I saw him throw the boots down.
Coleman. I was going along Aldersgate-street—Wake came and tapped me on the shoulder, and asked what I knew about the boots up the street—I went back, but I knew nothing of them.
Jones. I was coming round the square—a person ran by and threw down the boots—they caught hold of me.
COLEMAN *— GUILTY . Aged.— Transported for Seven Years.
JONES *— GUILTY . Aged.— Transported for Fourteen Years.
MRS. JANE WATSON . I am the wife of John Watson. The prisoner came to me to assist in moving from Northampton-street to Pleasant-row, Is lington, on the 8th or 9th of November, and continued some time with us, assisting to put the house to rights—a few days after that I missed my gown, and my servant missed her table-cloth.
WALTER CROW . I live with Mr. Coles, a pawnbroker, of the Lower-road. I have a tablecloth, but the person who took it in has left—it was in the name of Ann Ward—this is the duplicate that was given for it.
THOMAS HOBBS KING . I am a policeman. I was sent to apprehend the prisoner, and found on her between thirty and forty duplicates, and among the rest the two of the things, the table-cloth and the gown.
Prisoner. The table-cloth is my own.
GUILTY. Aged 45.—Recommended to mercy.
FANNY BOWERS . The prisoner came to our house on the 9th of January, with Mrs. Rock's compliments, to ask if Miss Harris would lend her black silk short cloak for a pattern—we had not known her before—Mrs. Rock was no acquaintance of Miss Harris, but we knew her by being a member of the same chapel—I lent it her, and she went away.
this is the cloak—it is the property of Hannah Harris—it is he one I lent.
GUILTY . Aged 45.— Confined Six Months.
ROBERT BUSHELL . I know Mr. John Giles—he keeps a clothes-shop in Shoreditch. About a quarter-past four o'clock, on the 4th of February, I saw the prisoner at my window, which is next door—I saw him take the waistcoat—I went after him and brought him ack—he had got to the next door to me on the other side—I found the waistcoat at his feet.
Prisoner. The gentleman came and accused me of stealing it—I am quite innocent—I never had it my hand.
GUILTY .* Aged 21.— Transported for Seven Years.
773. SAMUEL HALLETT and JAMES DALEY were indicted for stealing, on the 14th of February, 98 pieces of foreign silver coin, called half-dollars, value 9l. 16s.; and 3 sovereigns; the monies of Edward lank.
EDWARD LANK . I am a seaman on board the St. Ann. She came from St. Andrews, in America—she got into dock on the 14th of February—I received my pay in ninety-eight half-dollars at St. Andrews, and gate it to the mate to take care of—when I arrived in dock I received it again—there were three sovereigns besides the half-dollars—I put the money into my box—there were a few things besides, under the money—this was about eleven o'clock—I then went on shore with the prisoners—I returned about five o'clock, and found my box broken open and all the property gone—there was the mark of a chisel on the box, and a chisel alongside of it.
Hallett. Q. When I started from the ship you went as far as the gate with me? A. Yes.
LEWIS DOUGLASS . I am mate of the St. Aim, lately arrived from New Brunswick. The captain paid Edward Lank his wages on shore, and he gave it roe to take care of—when we arrived here I gave him one hundred and one half-dollars, three sovereigns, and some coppers—the prisoners were part of the crew—their wages had not been paid in England I am certain—they left the ship about noon—the two prisoners and two or three other men returned—I knew the prosecutor's chest, but I did not know the money was in it—the prisoners went down below—they were on board about half an hour, and left about three o'clock, or a little after.
Daley. Q. How many were on board when we left? A. No one—I was walking the ship all day—there were two or three came back with you, and then they all went on shore together again.
Hallett. There was John and two boys on board when we left, and when we came on board.
DINAH SICANOR . I reside in High-street, Poplar. I saw the two prisoners in the afternoon of the 14th of February about two o'clock—they did not remain above half an hour—they returned between five and six O'clock, with one more man—Hallett and the third man went outside the door, and talked for a considerable time together—there was another
young man in the shop, but they kept rather aloof from him—Hallett put into my hand twenty-eight American half-dollars and two sovereigns, saying he was going out for the night, and wished me to take care of then till the morning—he said, "You need not say any thing to any one that I have given you any"—one of the sovereigns was changed, and something got to drink—in a short time he returned and said, "I hope you will say nothing about that money which I gave you"—and he asked for 9s.—Hallett came the third time—and said, "Give me your word you wont say any thing to any one"—after that, I received information from the policeman—he came while Daley was present—he asked if any one had deposited any money in my hands—I said, "Yes," Daley then got up and came forwards, and asked me for a paper and an order which he had to receive his money the next day—I gave him them back, and two American half-dollars with them which he had given me before—they were merely a security for what he had had—I had asked Daley, before the policeman came, if he was going out for the night, and if he had any money about him, as he had better leave it with me—I knew he had got money—he appeared to have a good many half-dollars—I told him Hullett had left some with me—and he said do not say any thing that that coloured man has left any money with you—and he particularly requested me not to tell the other shipmate who was in the house.
WILLIAM GRIFFIN . I am a police-sergeant. I traced some America half-dollars to the amount of sixty-two—I produce twenty, and the witnesses produce the others—I took Daley into custody on the 15th, at the pay-table—this is the chisel that the chest was broken open with—and here is a jacket which was purchased with eight of the half-dollars.
EDWARD LANK re-examined. This knife is mine—I bought it on the 3rd of February, and lost it—these American half-dollars are such as I was paid and which the mate gave me on my arrival in England—I took them for 2s. 6d. each.
Hallett's Defence (written.) I entered the United States ship Vincense in September 1832, and was paid in July, 1836—my pay amounted to 284 American dollars, which I received in half-dollars and gold at the Virginia Bank—part of which I expended in my passage to New York. where I entered the Russell, Baldwin, bound for Liverpool, on the 6th of
July and arrived on the 26th of the same month, for which I received 3l.; when I entered on board the St. Ann in September, and received 2l. 10s. in advance, and remained on board the tame ship until I was taken into custody—I gave the woman at the boarding-house twenty-seven half-dollars and two sovereigns—I spent in several public-houses six or seven dollars—I told the woman at the boarding-house not to tell my shipmates any thing about me having money, because if they knew it, they would want to borrow, as the ship's crew was not paid off, and I wanted my money for a particular use—I was going to get married.
LEWIS DOUGLASS re-examined. Q. Do you know whether the prisoners had served in other ships? A. I cannot say—Daley was working day-work—he might have had money, but I have heard him say he had not—he had been paid nothing out of the ship's wages—he was merely a labourer—he was shipped at 7l.—the others had 12l.—I advanced them in Liverpool a month's advance—he went from Liverpool to Brunswick, and then back to England—he had no money then—he had what things he wanted there—Lank was shipped in the country—fee was at work there, and had a dollar a day for lading the ship.
HALLETT— GUILTY. Aged 27. Judgment Respited.
DALEY— GUILTY . Aged 27. Transported for Seven Years.
OLD COURT.—Saturday, March 4th, 1837.
First Jury, before Mr. Sergeant Arabin.
GUILTY . Confined Six Days.
GUILTY . Transported for Seven Years.
JOHN LUSCOMB . On the 22nd of February, I saw the prisoner come into Mr. Herbert's place, in York-chambers, St. James's-street, and after a few minutes, he took a deal plank from the scaffolding-board, and walked out with it—the place was being repaired—I followed him to Duke-street, Piccadilly, and asked him who that property belonged to—he said, "To Mr. Herbert," and that he was employed by him—I then followed him without his knowing it, and at the bottom of Bury-street he crossed into Angel-court, and put it down there—he then came to the end of the court, and looked out, took it up, and went down into Pall-mall—I followed him, and gave him into custody in St. James's-park.
STEPHEN BRIGHTING . I am foreman to Mr. William Herbert, who is repairing York-chambers. This is his board—the prisoner worked for us about a fortnight, about Christmas time—he had no business with the board.
Prisoner's Defence. I saw the board lying in the street—it was old and shattered—I thought I had as much right to it as any body, and thought to take it home for fire-wood.
GUILTY. Aged 30.—Recommended to mercy. — Confined Seven Days.
SARAH BRAZIER . I am the wife of Benjamin Brazier, a sweep. The prisoner was our journeyman, and lived with us, at Bow—on the 15th of February, I and my husband went out to a public-house—the prisoner met us there—my husband got rather fresh, and I gave the prisoner two sovereigns and a bundle to take home for me—he took the bundle home, and the donkey, and then went away with the two sovereigns—he did not return at all—I have not got them since—it was about seven o'clock.
THOMAS KAY . I am a policeman. On the 15th of February the prosecutrix gave me information—I found the prisoner about one o'clock next morning, and told him he was charged with robbing his master of two sovereigns—he said he could not help it, he had spent part of the money—he was tipsy, and tried to throw the rest of the money into the mud, bat I caught hold of it—he had 12s. 5d. left in this tobacco-box.
SARAH BRAZIER re-examined. That is my husband's tobacco-box—the prisoner did not drink with us, but very little—I had not been drinking much, but I had to help my husband home, and had no pocket to put the money in.
Prisoner. We had a quartern and a half of gin at Mile-end gate, three of us; and then we drank more at another house.
NOT GUILTY .
Before Mr. Recorder,
MESSRS. PHILLIPS, BODKIN, and PAYNE, conducted the Prosecution.
RICHARD FERRIS . I am a chemist, and live at Bristol—I am an agent to the Argus Life Assurance Company, in London. On the 13th of May, last year, I addressed a letter to the office, through my partner Mr. Score, who is here—I dictated the letter, and Mr. Score wrote it—I have no doubt that I saw it after he wrote it—I requested him to make the remittance—I know nothing of the transmitting of the letter—he receded the cash, and transmitted it.
WILLIAM SCORE . I am in partnership with Mr. Ferris. On the 13th of May, I wrote a letter, at his dictation, to the Argus Company—this is a copy of it—I sent it by my servant to be put into the post—this bill formed part of the letter—(looking at it)—it was written on the fly leaf.
JOHN YARDLEY . I am a clerk in the Argus office. I know the prisoner's handwriting—this writing at the back of the bill is his—this letter is also his handwriting—(letter read)—"To Richard Ferris, Esq., Bristol. Argus Life Office, London, May, 13th, 1836. Sir, Mr. Caraplin having mentioned to the Board of Directors the subject of irregularity in forwarding you the notices and renewal receipts, and some of your letters of last year having been mislaid during the changes in the office arrangements, I am instructed to request you will furnish me with one bearing date about November or December last, in which mention was made of the delay in transmitting the receipts; also, copy of any letters on business, if there be any, to which you may be waiting for replies (Signed) B. Kent."—P. S. May 14th. "I am to-day in receipt of your favour of yesterday, inclosing a draft of 85l. 17s. 9d. balance of premiums specified in account, which is duly placed to your credit."
MR. SCORE re-examined. I received this letter in due course after I had forwarded the one I spoke of—that bill formed part of the sheet of paper on which I wrote—the bills are engraved on sheets of paper on purpose—the indorsement was not on the bill when I sent it—the drawer's name, John Bates, was on it—he is the manager of the Bristol Bank—the payer's name, Kent, was also on it—it required his name on it to be negotiable—this is a copy of the letter I wrote—I made it at the time—(read)—
"Bristol, May 13th, 1836. To the Directors of the Argus Company. Gentlemen,—I beg your attention to the annexed statement, and shall feel obliged by an acknowledgment of the enclosed bill of 85l. 18s. 9d.; balance of the account, &c.
"To E. Bates, Esq."
THOMAS JOHNSON . I was a clerk in the Argus office, on the 13th of May. It was part of my duty to enter letters which were sent by the prisoner, into the letter-book, here is a copy of the letter sent to Mr. Ferris, of Bristol, dated 13th of May—I entered that letter myself by the prisoner's direction—there is no postscript to this, and there was no postscript to the letter when I copied it—I cannot say what I copied it from, but it could not be from that letter, for the copy is different from the letter, besides the postscript.
Cross-examined by MR. SERGEANT ANDREWS. Q. How old are you? A. Seventeen—I have been in the office rather better than twelve months—the office is in Throgmorton-street—there is a room in which three Directors meet every day to transact business—they are always the same Directors—it was Mr. Kent's duty to attend them in their business—he is called the Accountant—when they want him they say, "Fetch Mr. Kent"—I was there when Mr. Barrett was Secretary—there was a Director named Barrett—he was uncle to the Secretary—when Mr. Barrett ceased to be Secretary, the prisoner took his place—he had to attend the Directors, produce letters, and take their orders—the medical gentlemen came four times a week—it was the prisoner's duty to attend the Board when they came, as Mr. Barrett had done—the Directors have no given time to sit—they usually come between ten and eleven o'clock, and go away about four o'clock—Mr. Kent was not obliged to be with them all that time—he was in his room—he was sent for continually by the Board to answer questions, bring books, and give explanations—Mr. Bates is the resident Director—the books and letters are brought in from time to time as they arrive, and as the business goes on—Mr. Kent was the person to attend on the Directors while they were sitting—no one copies letters but myself, unless I should happen to be out, which is Very seldom, and then sometimes Mr. Yardley would enter them.
COURT. Q. When you have to copy a letter, what do you copy from? A. From the letter sometimes, but at other times he would send the letter off and give me a draft of it a day or two afterwards to copy—I very seldom had the letter itself.
MR. SERGEANT ANDREWS. Q. you have gone on making the entries either from the letters themselves, or from what Mr. Kent gave you, down to December last? A. No; I left nearly three months before Mr. Kent—up to the time of my leaving I went on in that manner—I have been to the bankers to pay in money, which I have received from Mr. Kent—I generally took the pass-book with me, but not always—I generally found it left at the bankers, when I did not take it—I always saw the cash I took entered in the pass-book—it was sometimes money, sometimes bills, and sometimes drafts, as occasion might happen—I sometimes brought the passbook
away with me, but sometimes left it to be made up—when I left it I did not take any voucher for what I paid in—I have seen the pass-book before the Directors when they have been sitting, and have seen them looking over it—I cannot say how often they saw it—I have frequently seen it before them—the bankers were Veres and Co.
Q. How many clerks are there in the office? A. Mr. Yardley, and Llewellyn the messenger—I have seen Mr. Yardley hand money over to Mr. Kent—I do not remember his handing over 118l. to him—if money was brought to the office to pay, and Mr. Kent was out, or in the Directors' room, Mr. Yardley would receive it.
EDWARD BATES ESQ . I am one of the three Directors forming the acting committee of the Argus Company. The prisoner was book-keeper to the company originally—it was his duty after receiving the letters which came by post, after opening them, to bring them up at twelve o'clock to the daily meeting of the acting committee—here is the minute-book of the proceedings of the acting committee—if money or bills came in letters from the country, it would be his duty to enter in the amount of it in this book, and to enter the substance of the letters also—not to copy the letter into the minute-book—there is a book in which letters sent to the coontry are entered by the book-keeper—there is no entry of letters received from the country, except the memorandum in the minute-book—there was a cash-book kept by the prisoner, in which the amount of money received was entered—there is no memorandum in the minute-book of any communication from Mr. Ferris, on the 14th of May, neither of the letter nor remittance—no such letter or remittance was ever produced or notified to the Directors, by the prisoner in my presence—if he received a bill from Mr. Ferris amounting to £85 13s. 9d., it would be his duty to produce it to the Board with the letter of remittance, and send it to the bankers, Veres and Co., for them to receive the money—he should indorse it first, if it was payable to his order—I have made search for Mr. Ferris's letter, which is said to have enclosed that bill, but have not been able to find it—our letters are put up in separate pigeon-holes, according to the initials—I have searched every where there was a chance of its being—the 13th of December was the day appointed for the prisoner to render up his accounts, and the board to audit them—the prisoner had been apprised of that, and he summoned the members of the committee himself for that purpose in consequence of our orders—he did not attend the committee on the 13th—I did not see him that day at all, nor till he was in custody—he had the custody of the cash-book by virtue of his office—I saw it last on Saturday, the 10th of December, in the board-room—I had it there myself—I do not recollect who gave it to me—it is a necessary book for the examination of accounts—I never saw it after the prisoner's departure—I have made a diligent search for it, but have not been able to discover it—after the retirement of Mr. Barrett, in July or August 1835, the prisoner under-took the duties of Secretary, combined with his former office—his salary then was 180l. a year—he lived in the house, and his brother and mother were permitted to reside with him—they left on Monday, the 12th of December, the day before the audit was fixed.
Cross-examined by MR. SERGEANT ANDREWS. Q. Have you been a Director ever since the formation of the company? A. Yes, for three years—I am called the resident Director—our company was originally formed by a deed and we afterwards got an Act of Parliament—Mr. Barrett was our first secretary—the names of our members are now registered by one of toe acting
committee of Directors generally—I have done it—I do not think I did it before Mr. Barrett ceased to be secretary—the act requires, that the names of the Directors, and shareholders, and secretary shall be registered in the Court of Chancery—that was done I think in July last—there was no appointed secretary then—the deed provides that there should be one—the duties of secretary fell on the prisoner—Mr. Barrett had 300l. a year as secretary, and resided in the house—the prisoner had 180l. only—I believe Mr. Barrett is now studying for the bar—his uncle is a Director still—I have never asked the prisoner to change a cheque for me—I believe Mr. Barrett has done so—I have never seen it done—I have heard Mr. Barrett say it has been done—I do not know of it having been stated that the prisoner appropriated the cash of the company to change cheques for the Directors—our audits are quarterly—the banker's book, and cash-book, and the general account-books of the office are then produced—it was at the particular request of the Directors, that the audit in question was appointed for the 13th—there is no fixed audit day—it depends on the pleasure of the Directors.
Q. Did not the prisoner then represent, that though he wished as much as them to audit the accounts on the 13th, yet, on account of something which had occurred, it would be impossible to get his accounts ready by that day? A. No I am not aware that he did—he had complained of the shortness of the period, when he was pressed to name a day, but I am not aware of his saying there was any circumstance to prevent it—he said that he had no objection to any day, only that would be too to on for him to be ready, or something to that effect—there has been no audit of the year 1836—in the first instance, because an alteration in the mode of keeping the accounts, particularly the agents' accounts, was proposed, but it has not been adopted since—I have not examined the accounts since—I am not aware that I have, signed my initials to any items of account—I have examined accounts produced by the prisoner when money may have been wanted—not day by day—I cannot recollect bow often in the course of a month—not three or four times, it may be twice—this is the banker's pass book (looking at it)—I have no account of Mr. Kent's that I am aware of, that he has rendered to me personally—I have no recollection of such an account—there was an account which he left behind him—the object of the Board, in having no secretary, was economy—I should describe the prisoner at corresponding clerk—he was no official designation.
Q. If a customer came into the board-room, did not you describe him, and refer to him as your secretary? A. No, I am not aware of it—I have not noticed any of the directors call him so—Mr. Barrett has been a Director during all my time.
MR. PHILLIPS. Q. The final audit was fixed for the 13th of December? A. Yes, at the request of the acting committee—the first day named was the 15th—the prisoner had been repeatedly asked for a settlement of his accounts previous to that—I should say as far back as June or July—since his departure from the office I have received this letter from him—I have two letters in his handwriting—I am a proprietor of the company—there are other proprietors—(letters read)—"14th December, 1836. To E. Bates, Esquire. Sir—I beg to apologise for not having informed you yesterday of the cause of my absence, and to express to you my great regret that I was not able to make good my engagements with the auditors. The state of my health has, for some time,
been such as to render me almost totally incapable of giving that attention to my business which the duties of my situation required. you will not, I hope, be greatly inconvenienced by my absence for a week or ten days; during which time I hope to be able to give my assistance in winding up the office accounts to the end of the year." Signed, B. Kent. "14th December. Dear sir—May I beg the favour of your verifying my present examination of the books, stock of stamps, and the memorandum of my petty cash-account, made roughly in the commission-book. It is with feelings of great shame that I have been obliged to note there a deficit in my balance. I am not, however, without the expectation (whether 1 retain my appointment or not) of making up this sum through the medium of my friends." Signed, B. Kent.
JAMES LLEWELLYN . I am messenger at the Argus office. I presented this bill for payment at the house of Glynn and Co. on the day it was due, by the prisoner's desire, and received the amount, 85l. 13s. 9d.—I paid it to him as I received it from the bankers—I put it into his hand, and stood by him while he counted it—I gave him the same notes I received from the bankers—I saw the prisoner at the office on the 12th of December, at near two o'clock in the afternoon—I never saw him at the office after that.
Cross-examined by MR. SERGEANT ANDREWS. Q. How long have you been the porter? A. Since August, 1833—Mr. Kent and I have differed two or three times—I have complained of him to the Board, and he complained of me the last fortnight—the money that was brought to the counter was given to Mr. Kent—he has got a money-box, a safe, and drawer—when be is not there, Mr. Yardley keeps the money till he comes, and then delivers it up to him—I believe Mr. Yardley was in the office when I brought this money, but I do not recollect—I am positive I gave the money to the prisoner—he did not give it to Mr. Yardley in my presence—it was in bank notes—there was a little cash, I believe—he counted it—he always pulls a little drawer open and puts it in—Mr. Yardley would go to that drawer and put money in if the prisoner was not there—but the prisoner always has the key in his possession—I did not take particular notice of what he did with the 85l.—I asked him if the money was right, and turned my back and left his office—I have seen Mr. Barrett, the Director, and the prisoner talking together, and have seen the prisoner give him cash for a draft—Mr. Barrett was in the habit of going into the office on a Saturday night and he has asked the prisoner to cash a cheque for him, as he has said, "I am rather short, and am going into the country"—I have not seen that done very often—once a month was as much as I saw it—I never remember 100l. being given—I have never seen Mr. Clift, a Director, do the same thing—I have not brought the prisoner cheques to cash for Mr. Clift to my recollection.
MR. BODKIN. Q. What sum was it generally that Mr. Barrett asked change for? A. 10l.
COURT. Q. Have you a distinct recollection on this particular occasion of the prisoner putting the money you gave him into his own drawer? A. That I cannot positively answer—he has a little cash-box which he has open, and he frequently puts it into that—nobody but him has the key of the cash-box or drawer—it was never handed over to Mr. Yardley in my presence—nobody had access to the box or drawer but the prisoner.
27th of May I paid a bill for £85, 13s. 9d.—(lookinq at the hill) I paid this bill with £40 note, No. 10,862, dated the 25th of April, 1836, another £40 note, No. 9,887, the 15th of April, 1836, and a £5 note, No. 31,195, the 6th of April, 1836, and 13s. 6d. in cash.
HENRY WILLIAM CUALLIS . I am a clerk in the Accountant's Office at the Bank of England. I have a ££40 note, No. 10,862, dated the 25th of April, 1836—it was paid in on the 1st of June—the Bank require the parties presenting a number of notes to write their name and address on the first note—the name of J. Kent, Argus Life Office, is on this note.
JOHN ROBINSON . I am a clerk at Vere's bank. The Argtns Life Company keep an account at our house—I have searched the books to see if this bill passed through our hands, and it did not—between the 26tb of May and the 2nd of June the sum of 85l. 13s. 9d., has not been placed to the credit of the Argus—if it had been paid on account of that bill, it would appear on the books—if it was paid into our house it would be kept till it became due, and on the 27th of May there is no such sum eatered to the credit of the office.
Cross-examined by MR. SERGEANT ANDREWS. Q. It a bill which was not due is paid in, it would be either as a discount, or written in short in the margin? A. Yes—I do not find any amount of 85l. 13s. 9d.
Q. If that bill, being due and payable, was brought, together with cash amounting to 150l. or 200l., would it be entered in the day's transaction as cue.? A. If it was due it would be taken at cash, and be sent cut—being on a city banker, the entry would be so ration cash, if the bill was at maturity—I do tot find any sum so large as 85l. between those two dates—on the 39th of May there is 79l. 19s. 2d.—there is generally as entry every day to the credit of the company.
MR. PHILLIPS. Q. If that bill was paid with other cash, should you have sent Llewellyn to Glynn's to have It paid? A. Undoubtedly not—it would go through the clearing.
JOHN YAIDLIY . I am a clerk in the Argns office. The prisoner was in the office on the 12th of December—I saw him there about three o'clock in the afternoon when he was leaving the office—he bid me good bye and said he was very poorly, and should not return that day—he were 4 cloak when he left—it was an ordinary sized one—I bad seen the cast-book that day in the prisoner's office, on the desk—it might be about an hour before he left—I hire never seen it since—I did not see the prisoner again till he was taken—I have Merer received 85l. 13s. 9d. from Llewellyn for a bill, nor from the prisoner.
Cross-examined by MR. ADOLPHUS. Q. After he went away did you look for the book? A. Not till the next day—it was Monday that he went away—whether it was there all the rest of that day I cannot teken—I did not look for it after he left—whither he got better or was confined by illoesi I cannot tell—Llewellyn and he were not on good terms in the office—the prisoner had complained of Llewellyn to the Dkecton—it was not a formal complaint—I have heard Llewellyn express a malicious intention against the prisoner—Mr. Kent made frequeat complaints against Liewellyn.
Q. Have you known Directors come to the prisoner frequently, and ask him for money for their cheque? A. I have known Mr. Barrett, the Director do it, but nobody else—it may have occurred twice to ray knowledge—the prisoner was accountant and book-keeper in the office; I am clerk—the prisoner had a drawer and box in which he deposited the money—I have known that drawer gone to when he was absent.
COURT. Q. Are you acquainted with the handwriting of the persons in the office? A. Yes; with all of them—I do not know the handwriting of the words "Life Office" on this note—the word "Life" on the bill is in the handwriting of Llewellyn I believe—I never heard the prisoner complain that Llewellyn had not accounted to him for any bill, or that he had sent him for any bill.
JAMES LLEWELLYN re-examined. Q. Was that writing, "J. Kent, Argus Life Office," on this bank note written by you? A. It was not—it is the writing of John Kent, the prisoner's brother, I swear that—when I go to the bank I always write my own name—he did not send me with that—I have had some quarrels with the prisoner two or three months ago, before he left the office—his brother abused me very much, and in the morning I told him to speak to his brother, and repeated the words to him that his brother had used over night; and he said, "Get out of my office, I won't hear what you have to say, you drascal—I will charge you with the police;" and I went and reported it to the Board—that was the quarrel.
MR. ADOLPHUS. Q. Do you mean that was the only quarrel? A. No; he complained to the Board of me about twice, I believe—not more to my knowledge—I swear he did not complain six times of me—Mr. Bates was present when I made my complaint—I was taken before the Director when he complained of me; and he was called before them when I complained of him—I cannot say whether he was reproved—I did not charge John Kent with taking some silver out of a drawer—my dispute with his brother was because be kept ringing the bell so much, and I went down and said, "Mr. John Kent it won't do to leave the door open so much;" and I had the officers of the night in, on account of the door being left—he would not call down his own servant, and it was the order of the Committee that his own servant should wait on him—I have been in Court during the trial—I never used expressions of malice towards the prisoner to my recollection—I never did—I never said I would serve him out.
MR. PHILLIPS. Q. How long have you been in the service of the Company? A. From the 15th of August, 1835—before that I was in the service of Messrs. Barton, tallow-chandlers, of Bishopsgate, for four or five years.
COURT to JOHN YARDLEY. Q. you have been asked whether Llewellyn used malicious expressions against the prisoner—what language do you refer to? A. He said he would report him to the Board—he would open upon him, and he would serve him out.
Cross-examined by MR. SERGEANT ANDREWS. Q. When did you get this.? A. Last Saturday—there was no Secretary at the time that was enrolled I believe—I know nothing of the Company, only as regards the legal matters connected with it—I am not a shareholder—from a recent examination of the books, assuming them to be correct, there have been no new members enrolled since October last, and I believe none have ceased to be members—there has been no person recognised as Secretary that I know of—the prisoner performed the duties of Secretary—Mr. Barrett acted as such in 1834—I cannot tell when he ceased to be Secretary; but I believe it was in 1835.
MR. SCORE re-examined. Mr. Bates is the manager of the Bristol Bank
—the bill is drawn by him—he is manager of the West of England and South Wales District Bank—I do not know when that bank was established—I should say it was older than June 1828—I have lived in Bristol seven or eight years, and that establishment is openly carrying on the business of bankers there—I do not know one of the partners, or whether there is any partner at all—I never transacted business there before.
MR. SERGEANT ANDRBWS. Q. Did you go yourself with the money to the bank when you got the bill? A. No, I sent somebody with the money to get it.
O. T. WILLIAMS re-examined. I have known the bank, the name of which is on this bill, six, seven, or eight, or nine years perhaps—we are correspondents of that bank, and they have been regularly in the habit of drawing bills on our house—I cannot say that I know any of the partners—I know Mr. Bates to be the anager—Bristol is the head-quarters of the bank, and he draws all the bills from Bristol.
MR. SERGEANT ANDREWS. Q. Were you ever at Bristol in your life? A. Never—I cannot say that I ever saw Mr. Bates—paper of this description has been presented at our house for some years, and paid—I have no personal knowledge of the firm, except from paying this paper.
MR. BODKIN. Q. Has there ever been any complaint of their bills being wrong? A. No. (William Tyler, printer, Bolt-court, Fleet-street; John Pritchard, hatter, Regent-street; James Ellis, Chapter Coffee-house, Paternoster-row; John F. Reeve, surgeon, Great Ormond-street; Thomas Matthews Shepherd, merchant, Lime-street; and John Capron Bard, hatter, Blackman-street, Borough, deposed to the prisoner's good character.)
GUILTY. Aged 35.— Judgment Respited.
Third Jury, before Mr. Sergeant Arabin.
JOSEPH AIREY . I am a surgeon, and live in Coram-street, in the parish of St. James's, Westminster. The prisoner was my errand boy for about ten weeks—on Monday morning I missed ten sovereigns from a drawer in my desk, in my surgery—it was locked—I had seen them on the Saturday—I found the drawer still locked, but the money was gone—I charged the prisoner with taking it, and he denied it—I had no reason to suspect him particularly till last Monday, when, in consequence of information, I watched him—he went to a coffee-shop in Windmill-street—I then sent for an officer, and had him apprehended, and on his person was found 17s. in silver, and some few halfpence—he said he had found the 17s. on Saturday last, near the Pantheon—I went to the prison to him, and told him it was impossible he could have found the 17s. as I had heard of his changing two half-sovereigns—he then told me the other sovereigns were in Duck-lane—I went to where he named, and found six sovereigns.
GEORGE AVIS . I am a policeman. I took the prisoner in charge—I Knew him before, and advised the prosecutor to keep him and watch him, and last Monday I took him—I found 17s. on him—he said he found it, but on the day of the examination he said it was part of his master's money, and the six sovereigns also.
GUILTY.* Aged 14.—Recommended to mercy by the Prosecutor. Transported for Life.
PETER CLARK . I am a sailor. The prisoner was a sailor in the same ship—I lodged at the house of John Plowman for two nights before this happened—I came to the King William in New Gravel-lane, and fell in with him here—he told me he had lost his money, and said he had no place to go to—I said I had some money, and would give him part of it—I treated him at my own lodging, and he slept in the same room—I had a pocket-book with a ££10 note in it—it was in my inside jacket pocket—I looked at it when I went to bed, and it was safe—I awoke in the morning at half-past seven o'clock, and he was getting up—I told him it was too soon—while he was dressing 1 fell asleep—I awoke again at nine o'clock, and my pocket-book and ££10 note were gone—I went down, and the prisoner was gone—I have never seen my note since—I have known the prisoner three years—he bore a good character.
GEORGE HUNT (police-constable K 136.) I apprehended the prisoner at the house of his sister in the Liverpool-road—I waited outside, while his sister went and called him—I asked what he had done with the £10 note he had taken from Peter Clark—he said, "I have changed it, but I have got 8l. left—I am sorry for what I have done"—Plowman's house is in the parish of St. George.
EDWARD DUN THORN . I am a linen-draper. The prisoner came to my shop about ten o'clock in the morning and bought three pairs of stockings, and gave me this £10 note—I gave him 9l. and some silver in change.
Prisoner. It was done in a state of drunkenness.
GUILTY. Aged 23.—Recommended to mercy by the Prosecutor. Transported for Life.
LETITIA MILLER . I am a widow, and live in Castle-street, in the house of William George, in the parish of St. Marylebone. I occupy the second and third floors—on the 1st of March about half-past six o'clock I was going out of one room into another, and saw a woman pass me on the landing of the second floor—I said, "What do you want?"—she made no answer—I repeated my question several times, and followed her down—we have two doors, she slammed one against me, and went out—I ran and called her back—but I fainted away, and do not know any thing more—I had missed two cloaks from the work-room at the top of the house—I had seen them safe, hanging up, about five o'clock—if finished they would be worth 12l. or 13l. I should say they were worth 8l.
GEORGE DENHAM . I am turn cock to the West Middlesex Water-works. I saw the prosecutrix go up to the prisoner, and catch hold of her, and something chucked over the area—I went to it, and it turned out to be a cloak.
Prisoner. I did not have it at all, but I saw the policeman with it in is hand as soon as he took me—the lady said, I had it on my arms. Witness I saw her drop this one—I did not see her drop the other.
(Property produced and sworn to.)
Prisoner. It was impossible for me to carry these two large cloaks, for I had a child in my arms.
GUILTY. Aged 29.—Recommended to mercy by the Prosecutrix. Transported for Life.
SARAH POWELL . I live in Lucas-place, and am a dress-maker. I took the prisoner in out of compassion about three weeks or a month ago—I let her sleep in my room—on the 5th of February I went out about nine o'clock in the morning, and returned about one o'clock, and missed the basin and the prints which I bad left in the room—the prisoner was gone, and did not return.
JAMES WEST (police-constable E 80.) About four o'clock on the 5th of February the prosecutrix came to King's Cross station-house, and directed me where to go for the property—I went to Mrs. Arnold, No. 4, Ann's-place, Battle-bridge, and found it.
AMELIA ARNOLD . I keep a lodging-house. The prisoner came on the 5th of February, between twelve and one o'clock in the day, and asked me to buy these pictures—I said I did not want them—she said she was very much distressed, and had nothing to eat that day—the asked 1s. for them, and I gave it to her—I did not purchase the basin—she asked me to let her leave them at my house, while she got a bit of victuals.
Prisoner. The prosecutrix agreed for me to lodge with her and pay her 6s. a week—and when I paid her, she wished me to go away—I said I should not as she had made that agreement with me—on the Sunday morning she told me to leave, because I had got no money to pay three weeks rent—in the morning she took me to the public-house, and gave me something to drink, and then told me to go away.
SARAH POWELL re-examined. She paid me 3s., and was not with me a week—I found her in victuals and lodging—the house did belong to me, but it does not now, because I have got a room—I live with a fisherman, he does not support me—I get my bread at my needle some time.
GUILTY. Aged 21.—Recommended to mercy ; Confined Six Weeks.
ELIZABETH REED . I am the wife of John Reed, he it a sailor, and is the owner of the house. I have known the prisoner seven years—his grandmother lodges with me, and he came to visit her—he was there on the 14th of November, and had been for several weeks—I locked my watch in a box that day in the back room, and went out about eleven o'clock—I returned about seven o'clock in the evening, and the box was broken open, and the watch gone—it has not been found—the prisoner slept in the house that night—he confessed that he took it and sold it—it was worth 5l.—it was a silver watch—I had had it about two years—it was given to my husband, and he gave it to me before he went to sea.
WILLIAM NEWMAN . I am the prosecutrix's brother. She informed me she had been robbed, and next morning I spoke to the prisoner about the watch he had taken from ray sister—he said he had taken it—he and his grandmother cried, and she said she would try to get it, and I said he should not leave the house alone—I sent a friend with his grandmother to a person in Whitechapel, to whom he said he had sold it, but it could not be found.
JAMES LEE . I apprehended the prisoner on the 5th of February, and asked him who Cohen was—he said he was a man who bought stolen things—I went after him, but could not find him—he has since left his house, and has not been heard of since—the watch has not been found.
Prisoner's Defence. I do not know any thing at all about it—he said if I got the watch, he would not hurt me—I said I knew nothing about it, I was not in the house at the time it was reported to have been stolen.
GUILTY of stealing under the value of 5l.—Aged 18. Transported for Seven Years.
WILLIAM BOYCE . I am shopman to Benjamin Howell, of High Holborn. On the 14th of February, about half-past eight or nine o'clock in the evening, I missed a shawl off the stand, about seven feet inside the door—I ran out, and saw the prisoner go behind a woman, putting the shawl behind a basket—I took her in my arms, and brought her in—she said if I would let her go, she would not do it any more.
Prisoner's Defence. I met two girls, who asked me to go down Holborn—they went to this shop, and one got on the door, and took the shawl, and chucked it on me—I knew nothing about it.
GUILTY . Aged 11.— Confined Seven Days.
ELEANOR MOORE . I am sister to Joseph James Moore, a cutler, in Holbon On the 7th of February, the prisoner came to the shop about Half-past eight o'clock, and asked for an 18d. knife—I showed him some—he said none suited him—I pulled out a box containing parcels of knives, but none suited him—I went to take some from the window, and while I turned my back, he took a parcel from the box containing eighteen knives—when I turned round, the lad asked me if I knew he had got them—I asked the prisoner to let me look in his hat, and I found the parcel in it—his hat was on the counter, and he was in the act of putting it on when I charged him with having them—he immediately ran out of the shop with the hat on his head—the boy ran after him—he left the knives on the counter—these are them—I went out, and found him in the hands of the police.
HENRY BUSS . I was in the shop, and saw the prisoner with these pocket knives in his hand—he put them into his hat, and then pretended to blow his nose with his handkerchief—I told Miss Moore of it, and she pulled his hat off, and found the knives in it. GUILTY . Aged 20.— Judgment Respited.
SARAH JACKSON . I am the wife of Joseph Jackson, a butcher in Silrer-street, Golden-square. On the evening of the 28th of February, between eleven and twelve o'clock, the prisoner came and looked at the meat in the shop—I asked what he wanted—he made no reply, but stopped some time, and then went to the salt beef, and looked at it—I saw him put something under his arm, and go out of the shop—I sent the boy after him, and he brought him back with four pounds and a quarter of beef.
CHARLES HUGGETT . I live with the prosecutor. Mistress sent me after the prisoner, and I overtook him about 100 yards from the shop—I saw the beef under his jacket—I asked him what business he had with it—he made no answer, and I brought him back with it.
Prisoner's Defence. I had been over at a public-house drinking with two men—they handed me the beef, and told me to bring it over to the public-house for dinner.
(The prisoner received a good character.)
GUILTY . Aged 46.— Confined Fourteen Days.
HENRY REDMAN . On the 31st of January the prisoner called on me, and we went out together, and called on a friend in Bethnal-green road; and after a short time I went out with Mr. Ward, my friend, and left the prisoner in Ward's shop—I gave him my watch to take care of for a short time, as I was afraid of losing it in playing at skittles—I returned in about an hour, and he was gone—I did not see him again till the 19th of February, when he was in custody.
JOHN SMITH . I am a policeman. On Sunday afternoon, about half-past three o'clock, I took the prisoner in charge—I found nothing on him—in taking him to the office next morning, he told me had given the watch to a friend of his, who he owed some money to—he afterwards said he had pawned it for 15s. in Coleman-street, bat I could not find it there.
Prisoner. I had been out of work some time—a person pawned it for me.
NOT GUILTY .
SOPHIA CHAPPELL . I live with my father and mother, in Baldwin's-gardens. About three o'clock in the afternoon I saw the prisoners near Mr. Emanuel's shop—they were strangers to me—Beeson took the shoes off the board and put them under his jacket—the other prisoner was by him—they both walked away together, and then ran—I heard Mary Emanuel inquiring about the shoes—I went and told her, and she ran after them—Beeson was brought back—Long was taken on the Sunday morning—I am sure he is the same boy.
but could not see any thing of them tilt Hall brought the shoes to me for sale on the Wednesday, and I claimed them—Beeson was taken that day.
DAVID HALL . I work for Beeson's father, who is a shoemaker in Red Lion-street. Long gave me a pair of shoes, and told me to go and sell them—he did not tell me where, and I went to Mr. Emanuel's, where they were taken from, but I did not know it.
(Property produced and sworn to.)
BEESON— GUILTY . Aged 16.— Transported for Seven Years.
LONG— GUILTY . Aged 16.— Whipped, and Discharged.
NEW COURT.—Saturday, March 4th, 1837.
Fifth Jury, before Mr. Common Sergeant,
GUILTY . Aged.— Confined Three Months; One Week Solitary.
790. EDWARD FRICKER was iudicted for stealing, on the 27th of January, 2 bedsteads, value 3l. 5s.; 1 chest of drawers, value 1l. 5s; 2 tables, value 10s.; 2 washing-stands, value 12s.; 1 palliasse, value 10s.; 2 window cornices, value 20s.; and 1 looking-glass and frame, value 20s., the goods of Harriett Small.—2nd COUNT, stating them to be the goods of Harriet Pamela Flicker.—3rd COUNT, stating them to be the goods of Henry Anthony Flicker.
HARRIET PAMELA FRICKER . I am the wife of Henry Anthony Fricker. I have been separated from him fifteen years, and since then I have gone by the name of Small—I had a house at No. 108, Park-street, Camdentown—I left it in possession of a person named Marquess and my son—it contained the articles named in the indictment—I went to Church-street, Soho, on Thursday, the 27th of December, and did not go to the house again—my son was coming daily to receive money from me for hit support—I imagined every thing was safe—I went there on the Monday after my son was taken up, and every thing was gone.
Cross-examined by MR. JONES. Q. Have you seen your husband lately? A. No—I neither know whether he is living or dead—I am sure I have not seen him within a week or two, or a month—I did not tell Mrs. Majoribanks that I had seen my husband, or any thing of the kind—I left Park-street because I wanted to let the house—I had lost very respectable lodgers there through the ill-treatment of my son—I had not let it when I left, but I could not afford to keep it on—I am the prisoner's mother—he was born before I was eighteen years old—I am now under the protection of a person—I bought the furniture of a person of the name of Walter—I had paid him—he was paid part, and I was arrested and lockedup from Monday till Thursday—I did not leave the house in Park-street to avoid Walter—he knew where I lived, and said he would take the things and allow me for them—I never said I wished to get my son transported, or to
get rid of him—I left a person named Marquess in the house—I had never employed him before to sell furniture or chairs—he has sold some without my authority—I cannot say how long it was before these things were taken, because I did not know it till just at the time—he did not sell these things while I was leaving—I had Marquess taken up for stealing the chairs, and nothing could be done with him till this boy was found, and then he said that Mr. Marquess had nothing to do with any thing, and the Magistrate discharged him—I have gone by the name of Wellington—the prisoner did not call on me and tell me he was starving—when I have given him money he has gone to the gambling-house—I have distressed myself to support him—I suppose I have given him about 18s. a-week altogether, from the time of my leaving Park-place till he was taken—he had neither lodgings nor coals to pay for—I gave him the money in a lump, and the next morning he had not a farthing—he did not say he was starving, and must sell the furniture—Marquess was not a servant of mine—I let him the lodgings rent free, till it was let—I had not undertaken to support him—he sold the chain to Nathan, to whom I owed money—he did not hand them over as security—I have not since paid Nathan; it has not been in my power.
EDWARD WARING . I live in St. Ann's-court, Soho, and am a broker. On the morning of Friday, the 27th of January, a man, named Cox, brought the prisoner to me, and he said he had brought a man who had got some furnature to part with, would I go and see it—the prisoner said he had got a bedstead and a washing-stand to dispose of—I went to No. 108, Park-street, Camden-town—on the road to the house he said his mother had furnished the house for him, and he wished to part with it to purchase a commission to go to the East Indies—I went and looked at the furniture—I bought a French bedstead, a tent bedstead, and the other things named, for 4l. 6s. 6d.—I bought the duplicate of the looking-glass after I bought the furnitures—I allowed a fair price—I did not clear the house—I purchased what I saw—there were some other rooms that I did not go into—I cleared the first floor and the top room—the prisoner asked me 5s. for the duplicate—I gave him 4s.—it was pawned for 12s.—I carried these goods away—I saw Marquess—he opened the door, but I had no dealing with him.
Cross-examined. Q. Was he present while you were dealing with the prisoner? A. No—I had no conversation with him about them—the prisoner and I went away about eleven o'clock in the morning—we want to Cumberland Market—Marquess overtook us, and asked the prisoner for something to drink, and he had some—he did not go with us—he appeared to know all about it—he is married, and has a family there.
JAMES RICHARDS (police-constable S 212.) I took the prisoner, and conveyed him to St. Anne's watch-house—his mother then came and charged him with stealing the furniture—I asked him if he gave Marquees any money—he said he gave him 5s., and half-a-crown be left with his wife.
Cross-examined. Q. Was Marquess by at that time? A. No—I took Marquess.
GUILTY. Aged 16.—Recommended to mercy by the Jury. confined Six Months; Three Weeks Solitary.
791. DANIEL FRANKLIN and RICHARD HASARD were indicted for stealing, on the 27th of October, 2 bridles, value 6 s.; 2 collars, value 4s.; 2 pairs of traces, value 8s.; 2 pairs of hames, value 6s.; 1 belly-band, value 2s.; 1 pair of reins, value 2s.; and 1 saddle, value 8s.; the goods of Sir James Leighton, their master.
MR. BALLANTINE conducted the Prosecution.
SIR JAMES LEIGHTON . I reside at Greenford. At the beginning of last October the prisoner Franklin was my groom, and Hasard was gardener—on the 19th of January Franklin drove me up to town—on the evening before, I had communicated some suspicions to him which I had about the harness, and some other articles which had been missing—I asked him about some property that was lost, but he declared his innocence—I stated about the hay and corn that had been sold, and I mentioned the loss of some lead—I did not mention the harness which he is charged with stealing, as I did not know of it—he absconded the day he drove me up—I did not see him again till he was in custody—this harness was at my country house, at Greenford—he put the horses in the stable at London, and ran off immediately—I had given neither of the prisoners any authority to sell the property.
Cross-examined by MR. CLARKSON. Q. Was this a double harness? A. Yes; not a four-horse harness—the furniture was brass—there were two little ornamental pieces on the saddle, which were silvered—I saw it before the Magistrate, but did not say if it was my harness it had been altered—I have not charged a great many of my servants with having robbed me—I have been robbed ever since I have been at Greenford—that is three years—I never charged any one, but I have had my suspicions—I had a groom named Levington about ten months back—to the best of my knowledge I never charged him with robbing me—I suspected him—I spoke to him several times, about different articles being lost—I did not accuse him of stealing a court dress, a pair of silk stockings, and shirts—I have been robbed of those things, but that is lately—there were several things missing that I told him of—I told him I had lost things, and I suspected him—I never charged Lee, my footman, with stealing any thing—he is now with me—I think I had a cook of the name of White—I did not accuse her with stealing the court dress, and stockings and shirts—I do not recollect ever mentioning it to her at all—I am sure I did not.
Cross-examined by MR. JONES. Q. Did you keep any other person to attend your horses besides Franklin? A. No; Hasard might occasionally assist him—Hasard has been three years with me—I had a tolerably fair character with him.
MR. BALLANTINE. Q. Is this a portion of the harness? A. Yes; there are no marks upon it; but I know it by the brass ornaments, and the thickness of it, and the little silvered ornaments—Franklin has lived with me eight months and a half; during that time I have missed property—I thought these ornaments were plated, but they are not—it was made in Yorkshire, and made in a particular way.
COURT. Q. When did you see the harness last before you knew it was stolen? A. It is upwards of a year—I cannot point out any particular mark—I swear to these ornaments—it is not by them alone that I swear to it, but the whole of it—it is particularly stout and strong—it was made at Beverley, in Yorkshire—I gave 22l. for it—I can swear to it.
GEORGE RANDALL . I am a saddler. About the end of last October, both the prisoners came to my house—Hasard spoke first, and asked me to go and look at some harness that was not complete, over at Greenford—he
did not lay to whom it belonged till I went to see it—I went to Sir James Leighton's stable, at Greenford, and saw the two prisoners—a person of the name of Bernard went with me—they showed me a brass chariot harness incomplete—this is it—Hasard brought it out of the stable—I asked them what they wanted for it, and one of them told me 25s., I cannot say which, I said I would give 16s. for it—Hasard said he would not let me have it for that—I said I could not give any more, and then Hasard said I was to take them—I did so—Franklin put the horse in the cart, and put the harness in, and carried it over to my place—I put some of it in, and Franklin put some in—Hasard sold me the harness, and I paid him for it—Franklin told me it belonged to Sir James Leighton—I asked if Sir James had authorised him to sell it—I gave information to Sir James Leighton.
Cross-examined by MR. CLARKSON. Q. What is there about that harness that is incomplete? A. I cannot exactly tell you—there is one bearing rein, one bellyband, and two bridle-swivels lost; the two harness straps are wanting, they would cost about 1s.—I could not complete it under 25s.—I am a harness-maker, and keep a shop at Hanwell—I follow no other business—I have not dealt in horses yet, though it is on my board—I have bought but one since I have been in business—I have been in business since last Michaelmas—I was a harness-maker before, and worked for Mr. Tapps, in Wigmore-street—I am not in the habit of buying any thing I can get—I called on Sir James to know if he had authorised the sale of these, about a fortnight or three weeks ago—I knew he had been before the Magistrate, but it is a general thing for gentlemen to give the harness to servants—it might stop with me two years—16s. Is as much as they are worth to me—they are worth more—the two collars would not be worth that—the price of a new collar is 10s.—it would not sell for more than 50s. or 3l. when I had completed it.
MR. BALLANTINE. Q. Was any accusation made against you before you gave information? A. No.
GEORGE BERNARD . I am a harness-maker. At the latter end of October I accompanied Randall from Hanwell to Greenford, to Sir James Leighton's stables—I was present at the purchase—both the prisoners were present—Randall asked if it was all right; if they were authorized to sell it—one of them said it was all right enough—it was taken from a sort of empty stall place—they both assisted in taking it—Randall agreed to purchase it for 16s. or 18s.—Franklin drove us home in the cart with the harness, and we all assisted in putting it in.
Cross-examined by MR. CLARKSON. Q. What are you? A. A harnessmaker, and live at No. 14, Gray-street, Manchester-square—I work at Mr. Tapp's—I went to dine with my friend Randall—he had not told me before he went that he was going to buy harness—in my judgment 18s. would have been dear for this.
WILLIAM GILLMAN . I took the prisoners into custody. (Thomas James Robinson, of Cornwall-place, Holloway, gave the prisoner Franklin a good character; and William Knapp, of Greenford, gave the prisoner Hasard a good character.)
FRANKLIN— GUILTY . Aged 23.
HASARD— GUILTY . Aged 40.
Transported for seven years.
JEMIMA BEAL . I am the wife of James Beal, of Cowcross-street; he is a cooper. The prisoner was my char-woman before the 26th of October—we missed these articles, with various others, but they are all we have found—I went to her lodgings in the evening, as she did not come in the morning, and said I had missed some frocks—she said they were at home; and she could put her hand on them in a minute—she asked if she should go and find them—I said, "Yes"—she went out, and went away—these things are my property.
GUILTY . Aged 42.
793. MARTHA BISHOP was again indicted for stealing, on the 28th of December, 1 gown, value 10s.; 1 shawl, value 18s.; 1 shirt, value 3s.; 2 aprons, value 1s.; and 1 pair of boots, value 7s.; he goods of Mary Turner.
MARY TURNER . I live in Holiday-yard, Creed-lane, Ludgate-hill. I employed the prisoner to nurse my son in my house in December last—she remained with me till the 28th—she then left without notice, and the tame evening I missed a gown and these other things—these are them.
GUILTY . Aged 42.— Transported for Seven Years.
ROBERT ARCHIBALD WILLIAMS . I live in Thomas-street, Southwark. About four or five o'clock in the morning of the 21st of February I went into the Crown and Thistle public-house, in the Hay market—I leaned upon the bar with one arm, and went to sleep—I had a pin in my breast at that time—when I awoke it was gone—this is it.
Cross-examined by MR. DOANE. Q. You know nothing of how you lost it? A. Nothing whatever—I am studying for the medical profession—have been in London upwards of two years—I was out with some friends that night—I was very much fatigued from being up, but I was not tipsy—I had taken too freely—I was sober; I will swear it—there were a good many persons there—I remained there about a quarter of an hour—I think it was about half-past four o'clock when I went in—I went before a Justice for this—he fined me for getting tipsy—I believe I was sober, and said so there—I drank by myself, not with the prisoner—I did not toss with the prisoner, or any body—there was a crowd of people, and there was pushing about—they did not push me about—I do not recollect finding my way on the ground—I could not have been to, and forgotten it—when I awoke the pin was gone.
came there on the 21st, a little before five o'clock—he appeared sleepy—when he had been in some time, he came and leaned on the counter, and appeared drowsy—I attempted to arouse him up—I saw a pin in his breast—the prisoner came up, and patted him on the breast, and attempted to arouse him, he said, "Come, old fellow, rouse up"—he made two or three attempts to get the pin out of his breast, and as soon as he succeeded, I took his arm, and took it from him—I gave it to the policeman—there were three policemen in the bar at that time, and one took him.
Cross-examined. Q. Were there many persons there? A. The protecutor came in first—there might have been many—there was a scuffle to take the prisoner—there was a bit of a disturbance before—there was no tossing—the prosecutor was not on the ground at any time—he waa standing—he was not in the act of falling when this pin was taken—he had a good support—he was against the bar, and an iron railing by him—I saw the prisoner attempt to take it out two or three times before he succeeded—I kept my eye on him, because the policeman had given him a bad character—I did not state about his attempts before the Justice—I was not asked, and did not think it material.
WILLIAM BARTON (police-constable C 51.) I was at the house—Mr. Williams was leaning on the bar, partly a sleep—the prisoner put his hand on his shoulder, and attempted to arouse him up—he then put his hand into hit breast, and drew his pin out—I saw him take it, and conceal it in his hand—I took hold of him—he Attempted to escape, and M'Kenzie came up.
Cross-examined. Q. How long had you been there? A. About a quarter of an hour—I was not on duty—I was in uniform.
GUILTY . Aged 22.— Transported for Seven Years.
HENRY MARCHANT . I live in Frederick-street, Hampstead-road. On Sunday morning, the 13th of February, I was taken to the station-house for being drunk—I was sober enough to know I had some halfpence in my pocket—I saw them last at twelve o'clock at night—I had 4s. 8d.—I had taken 4d. out of a 5s. packet which I had received that night, as part of my wages—I went and drank till twelve o'clock, and was then taken to the station-house—I know I had the halfpence safe then, in my great coat pocket—I took my great coat to lie upon, and felt the halfpence safe—there were four persons there, the prisoner was one—after I had been there some time, I laid down on the bench—I felt the halfpence there then—I had not been there long before I was pulled about, and one of the tails of my coat was torn off—I made a noise and was left alone, and went to sleep—I then awoke up, and felt the breast pocket of my great coat, and the halfpence were gone—I called, and the policeman came and looked through the door; I told him I had lost a 5s. packet of halfpence—he said he knew nothing of it—another officer came, and I told him the same—when daylight came (about seven o'clock I suppose) the Inspector came—I told him—he ordered the prisoner and another man to be searched, and on the prisoner was found 1s. 4d. or 1s. 4 1/2 d., all in halfpence—there was 8d.
or 8 1/2 d. found on another man—before daylight several of the prisoners had breakfast in the cell, and that I presume was paid for out of my halfpence.
WILLIAM BARTON (police-sergeant G 1.) The prisoner was searched by me—I found on him 1s. 6 1/2 d. in halfpence and one penny-piece—a portion of it was in his waistcoat-pocket, and the rest tied up in the tail of his shirt—he had waistcoat pockets, hut no breeches pockets.
FREDERICK ALLEN . I was taken to the station-house that night for an assault—I recollect somebody being brought in, I did not see him, I was drunk—in the morning the prisoner awoke me, and said, "You sir, here is some halfpence for you," and I took them—I was not sober then—there was about 7d. or 8d., as near as I can guess.
Prisoner. Q. Was it light or dark? A. As near as I could guest it was dark—I know it was you, because you were the only one by my side, and I could recollect your voice—I had a pint of coffee and you had two pints—and then I recollect the prosecutor knocking at the door, and calling, "Police"—he said he had been robbed, and I recollected the prisoner had given me some halfpence—I was taken out to another lock-up place, and they asked if I had any halfpence, I said I had.
Prisoner's Defence. That money I had in my shoe—at half-past eleven o'clock I took two duplicates, to get things out at Mr. Nicholls's, in Gray's Inn-lane—the shop was so full I left and went home—my landlord came up, and I put the money in my shoe, and in the morning I put it in the tail of my shirt, and changed a shilling to get some coffee—I gave the shilling to the short policeman—knowing I was going to the station-house I knew they would take my money from me, and I should have do victuals all day—there was 2s. 3d. in my shoe.
GUILTY . Aged 20.— Transported for Seven Years.
796. ANN WILLIAMS was indicted for stealing, on the 15th of January, 3 blankets, value 5s.; 1 sheet, value 2s.; 1 pillow, value 2s. 6d.; 1 pillow-case, value 6d.; and I looking-glass and frame, value 1s. 3d. the goods of John Tucker.
CATHERINE TUCKER . I am the wife of John Tucker, and live in Hertford-street, Finsbury-square. I let a lodging to a Mrs. Smith, on the 9th of December—the prisoner came four or five days after—Mrs. Smith said she was her sister, and she resided with her—the last time I saw Mrs. Smith there was on the 21st of January—I did not see her leave—Mrs. Smith wished me to let her stop a few days, till she got her things ready to go to a situation, as she said she had been ill in the Marylebone Infirmary—on the 2nd of February I followed the prisoner up stairs, and she came out of the room and locked the door—I had not seen the things in the room after Mrs. Smith took it—I left them all in the room except the sheet, which I gave the prisoner—that was about three or four days after Smith took the room, that was before the 21st—this is all my property.
THOMAS GREEN (police-constable E 65.) I went to the house, and took the prisoner, on the 2nd of February—she gave up the key of the room at the station-house, and as we were going back to see what was lost, she said she had stolen the things out of the room; and on the following morning she said, "I suppose, if I give you the duplicates, it will be all the better"—I said, "If you have them, give them to me," and she gave me these six duplicates, which correspond with the things.
Prisoner's Defence. I expected some money, and it was my intention to redeem them, but I did not receive it till I was in custody.
GUILTY . Aged 24.— Confined One Month.
JENISON BARRETT . I live in Brick-lane, Bethnal-green, and am a cheesemonger. I was in my shop on the 6th of February, at half-past one o'clock, and saw the prisoner come by our window—in a minute or two he turned back, came by the side of the window, and took a piece of bacon—I ran after him and took him, with the bacon buttoned under his jacket.
GUILTY .† Aged 16.— Confined Six Months; Three Weeks Solitary.
798. CORNELIUS CONNOLLY and JOHN TRAPP were indicted for stealing, on the 18th of February, 1 pump, value 2l. 10s.; 21bs. weight of iron chain, value 6d.; and 1 padlock, value 6d.; the goods of John Stock.
MR. BALLANTINE conducted the Prosecution.
WILLIAM TAYLOR . I am an agent to Mr. John Stock. He had a pump in his possession—I believe it was copper—it was fastened by a chain—I had seen it used in the course of Saturday, the 14th of February—I have seen it since, and the chain and padlock.
JOHN SMITH . I am in the employ of Mr. Stock, as a carpenter. On the evening of the 18th of February, at a little better than half-past six o'clock, I saw two men—(the prisoners at the bar answer the description of them, as far as I know)—I then went to Mr. Taylor—I saw nothing of Mr. Stock—I saw the pump that evening in the yard, adjoining the passage, when I saw the two men—that was a little better than thirtyfive minutes past six o'clock—Mr. Taylor told me to go and see if it was safe, and it was—that was about forty minutes past six o'clock—it was fastened by a chain and padlock—I missed the pump a quarter of an hour after I left Mr. Taylor.
Cross-examined by MR. CLARKSON. Q. What you mean by the prisoners answering the description of the persons is, that one is taller than the other? A. Yes—I did not see their faces.
CHARLES HAGAR (police-constable K 271.) On Saturday night, the 18th of February, I received information, and went in search of some property that had been stolen—I found the handle and sucker of a pump at a little distance from the place—I then went in search of the other part, in the direction of Bow-common—I got opposite the Cholera Hospital—that is a quarter of a mile from the place where it was lost, if you go round, but there is a nearer way by going over a ditch—it makes about two hundred yards difference—I looked over a field, opposite the hospital, and saw the two prisoners together—there is one ditch in the field and
one on the side—they were standing on the side of the ditch next to where I was—I went over to the middle of the field—I saw them separate a few yards—I called to them, and they separated—they then came together again, and I spoke to them twice—I received no answer—I then went through some water that was between me and them, and looked them full in the face—I said to Connolly, "What are you doing?"—he said, "Nothing particular"—I said Mr. Abbott had made some complaints about the fences being stolen; they had better go to the station; and in going along Connolly made use of some bad language, and said he knew very well it was not for a fence that I was taking them, and they were fools to go, and if I wanted him I knew where to find him—I then went and found five pieces of copper, the remaining parts of the pump, in the field, about thirty yards from where I found the prisoners—Trapp's house it about twenty-six or twenty-seven yards from where the pump was found—I went to Trapp's house with sergeant Cooper—it was on the opposite side of the ditch from his house that I found the copper—I found at Trapp's a saw, a chisel, and a small hammer, and some dust of metal, which would be produced from solder or lead; and a piece of lead, which fits the upper part of the pump—the saw was marked as if it had been sawing copper—I saw the dust on the floor, and some portion under the copper—I hole, that appeared to be the solder from the joints of the pump.
Cross-examined. You speak of a piece of lead which you found at the prisoner's house? A. Yes—I cannot fit it—Sergeant Cooper fitted it at the police-office—this is the sweeping up of the grate—the prisoner did not tell me I should find the hammer and chisel there—he was not asked—I went to the house again on Monday with sergeant Cooper and Johnson, a constable—we found this portion of metal—the house stands in a little row of houses, which have about two rooms and a kitchen—there are a good many houses about that spot—this piece of pump was found in the grass field on the other side of the common sewer, in Mr. Abbott's field—I did not tell Mr. Abbott—I found this handle in Sarah-street, at the back of captain Orton's house, 200 or 250 yards from where I found the other pieces—there is no house but captain Orton's, and a house which does not come out in that street—the next street is Gundy-street.
MR. BALLANTINE. Q. Where did you find this? A. In Sarah-street—if I had gone from where the pump was missing originally, to Trapp's, I should have passed these things, there is a ditch and a sewer.
WILLIAM DURANT COOPER (police-sergeant K 13.) I received information on the 18th of February, and went with Hagar—I found five pieces of copper cut up, lying over a ditch in a field—I should say the ditch was six feet wide on the side I was—I observed no mark—I got over the ditch—I found the five pieces of pump there, there were marks of their having been pitched over, as the grass was on them, and the earth knocked up—there were five marks—I went to Trapp's house and found a saw, it had been fresh greased, and there were marks of solder in the teeth, and a hammer and chisel—the hammer appeared as if it had been broken off with violence, and put in again—the chisel had been broken—on the Monday following I found some pieces of lead, and some solder—I have tried this piece with the top of the pump which I found in the field, and it appears to fit exactly under the handle.
A JUROR. It does not appear to fit at all; the saw has cut both solder and lead, evidently.
MR. BALLANTINE. Q. Did you go into the back kitchen? A. I did—that is where I took the saw from—I observed there were same bricks broken on the floor, with evident marks of metal on them.
Cross-examined. Q. You did not observe that till Monday? A. No—I found this chisel on the Saturday—I should not think that metal would have broken it, but the rivets might.
JOHN SIMMONDS . I am police Inspector of the K division. The prisoners were brought to the station on Saturday evening the 18th—they said they knew nothing of any robbery of a pump, but they understood they were charged with stealing some fences—I remarked it was rather singular they should be found in a field where the pump was found, but the officers had not returned, and when they did most likely they would be charged with a felony—they said they had been drinking at the Cape of Good Hope, and had passed through that field in their way to Trapp's house, where Conolly's wife was at that time.
Cross-examined. Q. What day of the week was it? A. Saturday—I attend to the tap-room when I am there—I can see the bar, as the door is open.
NOT GUILTY .
799. RICHARD VAUGHAN was indicted for stealing, on the 27th of January, 18 shirts, value 8l.; 2 jackets, value 15l.; 1 coatee, value 9l.; 1 coat, value 7l.; 4 waistcoats, value 10l.; I portmanteau, value 2l.; 2 caps, value 5l.; 6 handkerchiefs, value 2l.; 1 freemason's apron, value 3l.; 24 pairs of gloves, value 1l. 10s.; and 16 pairs of stockings, value 2l. 15s.; the goods of Hickman Rose Kirby, Esq.
MESSRS. BODKIN and BALLANTINE conducted the Prosecution.
HICKMAN ROSE KIRBY, ESQ . I am a colonel in the Queen of Spain's service. I arrived at the Custom House on Tuesday the 27th of January—I sent a porter with some luggage, and some was left at the Customhouse—I left a trunk containing the articles stated—I saw the prisoner in the corridor where the trunk was left—he passed up and down once or twice, nearly alongside of me—I do not know what he was doing there.
Cross-examined by MR. CLARKSON. Q. Of course you did not know him? A. No, but I noticed him when I first saw him at the office, as being the person who walked up and down by me—I thought he was one of the passengers who had come in the steamer with me.
GEORGE BARTLETT . I am a constable in the employ of the Customs. I attend at the door to prevent passengers going into the room—I saw Colonel Kirby there on the 27th—I saw the prisoner standing by at the time the Colonel's luggage was there.
large and small—I got a coach and truck—when I came back, between twelve and three o'clock, I missed a portmanteau.
SOPHIA EDWARDS . My husband keeps the Sidney Arms, at Stepney. On the 30th of January the prisoner came to our house with this portmanteau, and asked my leave to leave it there for an hour or two—he said a person named Brymer would call for it—I knew that person—he lives in the neighbourhood, but he did not call—Mr. Watson came and took it—there were a few things in it, but they were returned to the Colonel.
Cross-examined. Q. What day of the week was it? A. Monday—I had known the prisoner before by living in the same street for seven years—he lived with his father—I always thought him a respectable man, and heard so.
Cross-examined. Q. You know his father is an old servant of the Custom House, and a very respectable man? A. Yes.
JAMES LEA . I am an officer. In consequence of hearing of this robbery, I tried to find out the prisoner—on Monday, the 30th, I was accompanied by Mr. Watson—we went to North-street, and met him with two bundles, one under each arm—they contained these articles of clothing—I asked him what he had got in them—he said he did not know—I asked whether they belonged to him—he said, No, they did not—I took possession of them, and left him in charge of Mr. Watson—I went and searched his lodgings, and found a piece of oil-skin, and some ornaments belonging to a Freemason's apon—when I returned, the prisoner asked if I had found any ornaments belonging to a Freemason's apron, and I said I had.
Cross-examined. Q. Where did he live? A. He was lodging in Norfolk-place, Commercial-road, with his wife—he gave no account of any person from whom he had these things—he did not mention the name of Parker, nor of any servant of the Colonel's—after he said they were not his, he said he should answer no more.
DAVID HENRY WATSON . I am brother-in-law to Colonel Kirby. I was at the Custom House at the time of the depositing of this trunk—I accompanied Lea in quest of the prisoner—I confirm his evidence—the prisoner was examined at Lambeth-street office in the evening, and after that a person gave me information where the trunk was, and we went and found this portmanteau. (Samuel Cook, Charles-street, Stepney; Richard Phillips, Silver-street, Golden-square; Daniel Cole, oilman, Kingsland-road; Thomas Mills, morocco-case-maker, Bartholomew-close; Charles Young, tailor, New Nelson-street, Commercial-road; and Lewis Castellon, scale-maker, gave the prisoner a good character.)
GUILTY . Aged 21.— Transported for Seven Years.
800. GEORGE PARKER was indicted for stealing, on the 19th of August, 12 gowns, value 40l.; 1 riding habit, value 5l.; 24 pairs of stockings, value 3l.; 12 shifts, value 6l.; 20 handkerchiefs, value 7l.; 6 night-caps, value 7s.; 24 petticoats, value 7l. 10s.; 20 towels, value 30s.; 4 aprons, value 8s.; 6 pairs of shoes, value 2l.; 10 pairs of boots, value 17l.; 2 hats, value 2l.; 1 hat-box, value 10s.; 1 accordion, value 6l. 6s.; 1 skirt, value 1l. 6 shawls, value 12l.; 72 pairs of gloves, value 5l.; 72 shirts, value 20l.; 1 pair of breeches, 2l.; 12 brushes, value 1l.; 1 opera glass, value 1l.; 72 pairs of socks, value 9l.; 1 writing-desk, value 1l.; 1 bridle, value 2l.; 5 trunks, value 6l.; 2 jars, value 2l.; 2 paintings, value 4l.; 300 pieces of music, value 150l.; and 37 books, value 55l.; the goods of Hickman Rose Kirby, Esq., his master.
MESSRS. BODKIN and BALLANTINE conducted the Prosecution.
HICKMAN ROSE KIRBY, ESQ . In the early part of last year I took the prisoner into my service, and he accompanied me to Spain—I returned in July wounded, and the prisoner was still in my service—I went out again on the 16th of August—I entrusted the prisoner with trunks containing the articles stated—I was going through France, and directed him to go from Portsmouth—I went to Spain—he did not come to me as I expected—I returned to England, and got here on the 27th of January—the prisoner came to me and gave me the duplicates, and said that I was very fortunate to get them—he said he had pawned the things, and that he wanted money, and he did not expect to see me again, as he heard I had been so wounded, he did not expect I should survive—I had hired him as groom, at 25l. a year, and half-a-crown a day board wages—when I went away I left him 5l. and a free passage—I advanced him 27l. in all, which was more than a year's wages.
Prisoner. The vessel did not sail for three weeks after you went—I applied to your friends, and none could give me any information—I could not go out in the vessel, as it was not going for three weeks—Captain King said he would not take me with the luggage, as it was too much, and if I did not get off the quarter-deck, he would kick me off. Witness. I know that is the truth, but if he had applied to the agent, they would have sent him by another conveyance—I had a free passage for him from the Queen of Spain.
COURT. Q. When were you wounded? A. On the 1st of October, in the lines of St. Sebastian.
JAMES LEA . I took the prisoner in charge—here is a duplicate of one suit of clothes, pawned on the 19th of August, for 3l., another on the 24th of August for 1l. 5s., another on the 3rd of September for 1l., and on the 15th of September is another—there were many other duplicates for which the property was given up—I have a duplicate on the 11th of October of a coat, for 1l.—I found two trunks at the prisoner's mother's house in Gloucester-street, and some portion of the property—in each chest I found a quantity of shirts, and books, and other things, and these two bills for 25l.
WILLIAM ROBERTS . I am shopman to a pawnbroker in Exmouth-street, Spafields. I never saw the prisoner, but one set of clothes and four waistcoats were pawned in our shop in August last, for 3l.—these are the duplicates of them—one pair of Wellington-boots was pawned for 1l. 5s. on the 3rd of September, by the prisoner's mother—on the 28th of September a work-box for 8s., and on the 11th of October there were some other things, but they were given up.
COLONEL KIRBY re-examined. I gave Lea the duplicates which I received from the prisoner, but they do not account for a tenth part of the property I have lost—the rest is lost—these two bills are Spanish bills, they were in my writing-desk, which I left with the prisoner.
Prisoner's Defence. Colonel Kirby said he was going through France, that I must come by the Royal Tar, and I should not want much money—I received no wages, and was in distress—the last time I saw my master the gave me a £5 note, and I said it was not enough, as I had to pay 6l. to
the glass-coachman—as soon as he arrived I sent to him; he acknowledged his faults, and gave me 6l., I gave him the duplicates, and he had me taken.
GUILTY . Aged 20.— Transported for Fourteen Years.
OLD COURT.—Monday, March 6th, 1837.
First Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 18.— Transported for Seven Years.
GUILTY . Aged 62.— Confined Three Months.
MR. BALLANTINE conducted the Prosecution.
THOMAS JOSEPH WEST . I am a policeman. On the 24th of February, about eight o'clock in the evening, I was in Curzon-street, May-fair, and saw the prisoner and another man loitering about the prosecutor's shop—another constable came up—I communicated my suspicions to him, and continued to watch them—I saw his companion go into the shop and bring a large bundle out, which he handed to the prisoner—they parted, and we pursued them—I pursued the prisoner, but did not catch him—I lost sight of him—I continued going in the direction he had run, and found a quantity of prints in the carriage road.
Cross-examined by MR. DOANE. Q. Had you ever seen him before? A. Not to my knowledge—it was rather dark—I can positively swear to him—I saw him about twenty times, as I was watching him—I lost sight of him for about two minutes.
JAMES LOCKYER (police-constable C 181.) I was in company with West, and saw the prisoner with another, who was loitering about the prosecutor's shop door—I saw the other go into the shop and come out with a bundle before him, which he gave to the prisoner—they directly separated, and the prisoner went up Half-moon-street—he looked round, saw me, and ran away—he dropped the bundle in the carriage way, and he was secured without my losing sight of him.
(Alice Williams, Cranford-mews; Thomas Pratt, of Devonshire-street; and John Williams, gave the prisoner a good character.)
GUILTY . Aged 21.— Transported for Seven Years.
804. ELLEN NEWMAN was indicted for stealing, on the 20th of February, 1 handkerchief, value 1s.; 1 pair of gloves, value 6d.; 1 Pair of scissors, value 1s.; 1 bottle, value 3d.; and 1 pint of wine, value 3s.; the goods of John George, her master.
room with Mrs. George, and searched her boxes—I found a bottle of wine, a handkerchief, a pair of scissors, and a pair of gloves.
Prisoner. You did not find them in my box, but in the sacking of the bed. Witness. I found them in your box, and you said your mistress had given you the gloves, scissors, and handkerchief; and the pot-boy had given you the wine.
Prisoner. Mistress gave me the scissors, and you were in the parlour when she gave me the gloves. Witness. My wife is not here—she did not give the prisoner the gloves in my presence.
NOT GUILTY .
Before Mr. Recorder.
805. JOHN FIRMAN was indicted for stealing, on the 21st of February, at St. Leonard, Shoreditch, 1 saddle, value 2l. 10s.; 1 bridle, value 7s.; and 1 gelding, price 20l.; the goods and property of Thomas Harvey.
MR. CLARKSON conducted the Prosecution.
JAMES HARVEY . I am the son of Thomas Harvey, a farmer at Wicks-comb, Essex, about fifty miles from London. On the 20th of February, I saw his bay mare safe in the stable, at seven o'clock in the evening—there was no lock to the stable-door—the prisoner is my cousin—I Went to the stable next morning, about six a clock, and the mare was gone, and the saddle and bridle also, which I had seen overnight—I saw the mare again last Tuesday, the 28th of February, in Mr. Dyer's stables, at Worship-street, and the bridle also, but I have not seen the saddle since—I knew the mare when I saw her—she is worth about 10l.
Cross-examined by MR. JONES. Q. You can make no mistake about having seen this particular mare that night? A. Not at all—it was my business to look after her—the prisoner has not been to my father's far several years past—I have seen the mare this morning.
HEZEKIAH FAIRHKAD . I keep a beer-shop at Wick-green, Essex, about half a mile from the prosecutor's. On the 20th of February I was out, and came home about three o'clock, and found the prisoner at my house having a pint of ale—he asked me several questions about Mr. Harvey—he staid from half-past twelve o'clock till about twenty minutes after eight o'clock in the evening—he told me he was going to Bewhurst that night (that is about three miles off, in Suffolk,) and he was going from there to Sudbury.
Cross-examined. Q. Had you ever seen him before? A. Never—I was with him about two hours that evening—he was dressed in a large light drab coat, which covered him, and his stockings came over his breeches—I could not see underneath his coat—he had rather dark whiskers.
MR. CLARKSON. Q. How soon afterwards did you see him again? A. Last Tuesday, eight days after—I knew him again as soon as I saw him.
MATTHEW JACKSON . I am ostler to Mr. Northover, who keeps the white Hart, in Kingsland-road. On Tuesday, the 21st of February, the prisoner came there between six and seven o'clock in the morning, and brought the mare, and saddle and bridle with him—she was dirty and very hot—he said he wanted her cleaned, and wanted some corn for her, and told me to wrap her up warm and take care of her—I took her into the stable and cleaned her—about ten o'clock he brought Mr. Jenkinson
to look at her, but it would not suit him—I and the prisoner afterwards went into the house together, and saw Mr. Bateman—the prisoner was talking about the mare, and said he wished he could sell it—Bateman asked what sort of a mare it was, and said his brother wanted one—the prisoner described her to him, and Bateman went to look at her—he said, he was afraid it would not suit his brother, but he could take it down and show it to him—I went with the prisoner to Bateman's house, to show the mare—he said it would not suit him, and we returned to the White Hart—next day, Mr. Jenkinson came and saw her, and rode her—they afterwards went into the house, and Mr. Jenkinson bought her of him—the prisoner took the saddle away, and sold her and the bridle for 7l—I got a threepenny stamp receipt for them—I did not see the money paid, myself—I saw the receipt signed and the mare given to Jenkinson—she remained in the stable till next day, and then the officers took her.
JOHN NORTHOVER . I am a livery stable keepe r. Jackson is my servant. On the 22nd of February, in consequence of what passed, I lent Jenkinson 7l. to pay for the mare, and saw him pay it to the prisoner.
Cross-examined. Q. How long had you known the prisoner? A. Between two and three years, but I missed him for the space of two years, and know very little about him.
COURT. Q. What is the mare worth? A. I should say not more than I gave for her—next morning she was so lame she could not come out—it did not strike me that she had been hard ridden—I thought I was taken in—a man told me she had spavin—she was very poor and out of condition—I really thought it a fair price.
WILLIAM ATTFIELD . I am an officer of Worship-street. On the 23rd of February, in consequence of information, I went to Mr. Northover's stables and found the mare and bridle, which was afterwards identified by young Mr. Harvey—on the following day I apprehended the prisoner in Smithfield, and told him the charge—he said he had sold the mare to Mr. Jenkinson at the White Hart for 7l., and that he had bought her of a man at Brent wood on the Tuesday morning—the mare was afterwards delivered to Mr. Harvey by the Magistrate's directions.
THOMAS HARVEY . I am the prosecutor's brother, and live at Wicks comb. I was with the officer when the mare was found, and knew it to be my brother's—it was worth about 20l. when stolen, but when found it was very lame and thin—it is a saddle-horse.
GUILTY . Aged 29.— Transported for Life.
(There was another indictment against the prisoner.)
806. MARGARET NEWMAN and JULIA ST. CLAIR NEWMAN were indicted for stealing, on the 15th of November, 1 dressing-case, value 1l.; 2 rings, value 2l.; 3 pairs of earrings, value 2l. 10s.; 2 brooches, value 3l.; 1 emerald stone, value 1l.; 6 sovereigns; and 1 £10 bank post bill, the goods and monies of the Rev. Thomas Heathcote, in the dwelling-house of William Codd.
MR. BODKIN conducted the Prosecution.
MRS. ELIZABETH HEATHCOTE . I am the wife of the Rev. Thomas Heathcote. In November, 1835, I was lodging in the house of Mr. Codd, No. 12, Alsop-terrace, New-road—I occupied the first and second floors, and the prisoners occupied the ground-floor—on Sunday afternoon, the 15th
of November, I went out, about four o'clock—but it is so long ago I may be mistaken in the hour—I had a dressing-case in my bed room, which was the front room on the first floor—it contained the articles stated in the indictment—I left it locked and took the key with me—I returned about half-past eleven o'clock, but I did not miss it till the following morning at half-past eight o'clock—search was then made every where about the house—the ground-floor which the prisoners occupied was searched—they objected to it—they did not like it, and said it was a most extraordinary thing that a policeman should enter their room; and I felt for them exceedingly, because I did not at all suspect them—no part of the property was discovered at that time—I have since seen a pair of gold earrings and a pair of jet earrings at Hatton-garden.
WILLIAM CODD . I keep the house No. 42, Alsop-terrace, New-road. The prisoners came to lodge there on the 29th of October, 1835, and occupied the back and front parlours on the ground floor—I knew them by the names of Mrs. and Miss Newman—the elder one stated that she was an officer's widow—she did not give any reference—on Sunday, November the 15th, I remember Mrs. Heathcote going out, about one o'clock—the people were coming from church at the time—I went into the front room on the first floor after she was gone, about two o'clock, to draw the windows down, and on the dressing-table I saw what I took to be a box—there were no female servants in my house—we keep none—I and my wife attend to the lodgers—my wife was at home at the time—after going into the bed-room I went down stairs into the kitchen where my wife was—she was busy at the time—about three o'clock the younger prisoner came down and brought down two glasses of wine on a slate—she said we were so very quiet, she did not know what part of the house we were in—she remained in the kitchen, I suppose, from three to five minutes—my wife and I drank the wine—she had never brought us wine down before—they had dined—I believe their dinner was about clearing away about two o'clock—as I was sitting by the side of the fire about five o'clock, I thought I heard the street door open—it was neither light nor dark then—it was getting dark—I did not get off my chair—I merely looked up at the window and saw Miss Newman going down the steps of the front door—I could see that by turning ray head—there is a garden in front of my house—she had a dark cloth cloak on—I had seen the mother wear that cloak before—I did not see the younger prisoner again that evening—on the following morning the loss of the dressing-case was dis-covered—I went to the police-office at Marylebone—a policeman came, and the house was searched, but nothing found—the prisoners' rooms were searched—I did not hear them say any thing—the prisoners remained till the next Wednesday—the younger prisoner said she could not remain any longer under such very disagreeable circumstances.
Cross-examined by MR. PHILLIPS. Q. Did you, at Hatton-garden, state a tenth part of what you have stated to-day? A. Yes, exactly the same; it was taken down in writing—this is my handwriting (looking at his deposition)—there is not much difference in the height of the prisoners—I did not speak to the person going out—I am quite sure it was not at four o'clock that Mrs. Heathcote went out—my wife is not here—we never kept a maid, nor any char-woman, except once a month—no char-woman washed for us while the prisoners were with us.
COURT. Q. How are you able to fix on the 15th of November as the day? A. I know Sunday was the 15th—I am confident it was the
younger prisoner went out—I did not see her face—she went straight down the fore-court—straight away from the door—I did not see either her front or side face—only her back—she had on the bonnet she usually wore—I do not know when she returned—my wife was in the room with me at the time she went out, and I called her attention to it—there was a young man, a relation of mine, in the kitchen with me, taking tea, and he looked when I mentioned it, and saw her—he is not here—he came about four o'clock, and left about six—his name is John Cooper, he works for Mr. Riley, a harness-maker—neither he nor my wife were before the Magistrate.
GEORGE COLLIER (police-constable E 38.) On the 19th of February I went to No. 25, Hyde-street, Bloomsbury, to search some apartments—I did not find the prisoners there, nor see them in the room at any time.
MARIA LYNE . I keep the house, No. 25, Hyde-street, Bloomsbury. The prisoners came to lodge there on the 14th of February, in the second floor back room—among other things they brought this desk, which Collier afterwards took possession of—there is "Mrs. M. T. Newman" on it—when Miss Newman took the apartments, she said her name was Miss De Silva, that her mother had been married twice, and she herself was going to sing at a concert by the name of De Silva, and she had letters from Mrs. Panarmo.
GEORGE COLLIER re-examined. I took possession of that desk—I found it in the second floor back room—I found it contained a secret drawer, which opens by a spring—after breaking the drawer open I found thirtythree duplicates in the drawer—the desk was not locked; but not knowing the manner of the secret drawer, I was obliged to take out a piece of wood.
Cross-examined. Q. Neither of the prisoners were present when you opened it? A. No—Mr. Lyne was present when I found it—he was examined at the police-office, but not in this case.
JOHN MILTON . I am in the employ of Mr. Cordwell, a pawnbroker, in Compton-street, Brunswick-square. Four pairs of earrings, and four brooches, were pawned with me on the 18th of July, for 5l.—I have only brought the articles which were identified by the prosecutrix, and named in this duplicate—a pair of earrings and two brooches—I believe them to have been pawned by the younger prisoner on the 18th of July, 1836—I produce the two pairs of earrings named in this ticket of the 1st of December, 1836, and pawned by the younger prisoner—I can undertake to say that they were both pawned in the name of Mrs. Gordon—these duplicates refer to the articles.
Cross-examined. Q. Can you tell how she was dressed on either occasion? A. No, I cannot—several of my fellow-shopmen were in the shop at the time—neither of them are here—they had the opportunity of seeing who pawned the articles—none of them were at the police-office—Mr. Laing, the Magistrate, pointed the prisoner out to me at the office—he asked whether I knew that was the person who pawned the articles—she was at the bar as a prisoner at the time.
COURT. Q. You said you "believed" the prisoner to be the person pawning the first time—but on the 1st of December you say she "was" the person—have you a better recollection of one transaction than the other? A. Yes, I have seen her several times since—the duplicates are in my handwriting.
MR. BODKIN. Q. Do you remember to have seen the younger prisoner
at my other times, besides those you have mentioned? A. Yes, at our shop in November 1836—I do not remember having seen her before July—but between July and December I have—I cannot say how many times, but she has redeemed articles at our shop—I may have seen her three times.
MR. PHILLIPS. Q. Do you know a woman named Bowden as pawning at your shop? A. No—nor Marsh.
THOMAS WILLIAM ROBINS . I am shopman to Jacob Russell pawnbroker, Fore-street, City. I have three rings, and the corresponding duplicate to this one dated the 21st of September 1836—but only one ring has been identified—that was pawned by a young person in the evening—I was in the shop when the pledge was taken—and I have a recollection of the person, from the business that was done, and the circumstances Attending it—I cannot say the younger prisoner is the person—it was pawned in the name of Julia Newman, No. 8, Fitzroy-place—when I saw the prisoner at the office, the impression on my mind was that she was the person—it was a smart young woman, about the site of the prisoner—and the conversation which occurred at the time, as to whether it Was a diamond ring or not, brought it to my recollection.
RICHAID CHARLES . I am shopman to Mr. Sharwood, of St. John-street road. This is the duplicate of a diamond ring belonging to our shop—the ring was pawned on the 27th of December 1836, in the name of Mary Hallett, for Mrs. Newman, by the witness Hal lett.
LUCY ELIZABETH HALLETT . I life with my mother in Charlotte-street, Battle-bridge. I was in the prisoners' service—when I first saw them, they were in White Cross-street prison—but the first time I went to see them, they lived at No. 31, King-square, Goswell-street—I was not in their service in the prison—my sister knew them before, and the sent me to them—I have pawned things for them—I remember going to Mr. Sharwood, in St. John-street road, with a diamond ring, by Miss Newman's directions—her mother was with her at the time—I was to get 2l. on it—I went to other pawnbrokers before I went to Mr. Sharwood's—they offered 12s., I think, and I would not take it—I went back to Miss Newman and told her, and the told me I must take it somewhere else—I then went to Mr. Sharwood, and they advanced, I think, 1l. on it—I gave the money to Miss Newman—they were then living in Elizabeth-terrace, Liverpool-road, on the first floor.
Cross-examined Q. Did you mention the mother's name at the police office? A. I cannot remember—I do not know whether the mother was present when I came back with the money.
WILLIAM PENNY . I am a police inspector of the G division. I was in a coach coming from Hatton-garden, when the prisoners were in custody—I received this paper from the younger prisoner—she desired me to give it to her mother, and let no one see it—her mother was not in the coach—I gave it to the magistrate—(read)—"Answer no questions, don't be terrified into answering any"—"Fais semblant ou bete le boire."
MRS. HEATHCOTE re-examined. These articles are ray property—some of them I can swear to, and others to the best of my belief—these earrings are exactly like mine—I believe them to be mine—other articles are mine, and were in my dressing-case on the day in question—the garnet earnings I can safely swear to, and I had jet ones exactly like these—I can "swear to the rings—they are old family rings—I value the dressing-case money, and jewels at about 60l.—I include the 10l. Bank post bill
and six sovereigns—I have never seen the dressing-case since—Mr. Codd may possibly be right as to the time I went out—it is so long ago I have no recollection of it—I recollect I came home about half-past eleven o'clock that evening—the bank post bill was indorsed, and would be paid without further writing on it—I made inquiry about it at the Bank of England, and it was stopped the next morning.
NOT GUILTY .
807. MARGARET NEWMAN and JULIA ST. CLAIR NEWMAN were again indicted for stealing, on the 20th of January, 1 diamond ring, value 30s., the goods of Amelia Jane Hoseason, but now the wife of George Orby Hunter.
AMELIA JANE HUNTER . I have been married to Mr. Hunter since this transaction—my name at the time in question was Hoseason—I live at No. 23, Grosvenor-street West, Pimlico. In the early part of last year, a gentleman named White, an acquaintance of mine, was in the King's Beach prison—I have not the slightest recollection of what month it was—I went there, and was shown into his room—I found the two prisoners there—I cannot recollect whether there was any other person—I had a reticule in my hand, which contained a diamond ring—I had put it in that morning—my attention was drawn to the ring some time before I entered the prison, when I was in the Strand—it was then safe in the bag—I had not taken it out between the Strand and the King's Bench—when I got into the room in the prison, I left the bag on the table, while I went out to speak to Mr. White—I was not with him long—about five or ten minutes—I do not recollect any one going into the room after I came out—I believe I found the bag on the table when I returned, but I do not remember at all—I staid there three four hours, I think—I do not think I took my bag up till I was going home—I did not miss the ring until some hours after I got home—I have since seen a ring very like it—I suppose it to be mine—this is very like mine—(looking at it)—I cannot swear to it, but I think it is mine—I was not in the habit of wearing it—I believe it to be mine.
COURT. Q. This is not an ordinary ring—it is very old fashioned, and very peculiar—how long had you possession of the ring you lost? A. It was my mother's—she gave it to me—I had seen it very frequently for years—I think this is mine—I have not the smallest doubt of it.
Cross-examined by MR. PHILLIPS. Q. Did you carry a pocket handkerchief in your reticule? A. Yes; and it was my impression that I drew the ring out with the handkerchief—when I got home I supposed I had done so—I think it may have come out with my handkerchief—the ring was in a purse—I am not at all certain what month it was that I went to the King's Bench.
MR. BODKIN. Q. Did you find your purse safe when you got home? A. Yes.
GEORGE WHITE . In the early part of last year I was in the King's Bench prison. The prisoners were inmates of the prison at the time, and I permitted them to use my room for a few days till they got one for themselves—I was not in the room when Mrs. Hunter came to see me—I was going up, and I rather think Mrs. Hunter heard me—on my going up near to my door, she came out of my room in my sight, and met me, and I talked to her outside the door, I should think for five or ten minutes—I then went into the room, and found Mrs. Newman and her daughter, but nobody else to my recollection—Mrs. Hunter went in with me—at the time
we were talking, we were standing close to the door—it is a double door—we were close to the outside door—nobody came in or went out at the door during our conversation—I did not observe any thing on the table when I went into the room—I did not hear any thing said about the bag or ring; (and I should say that the statement I made previously, I find from subsequent conversation I have had,) to be wrong; that the conversation respecting the loss of the ring was when Mrs. Hunter and her neice came to me the second time; and I should also say I was not aware of the precise time—I know it was early after Christmas—I thought it was the first day of term after Christmas, but I find it must have been March when Mrs. Hunter came—I stated in my deposition that a complaint was made of the loss at the time, but I now find I am in error.
Cross-examined by MR. DOANE. Q. Your impression at first was that this was soon after Christmas? A. I said I thought it was either the first or last day of term—I can undertake to say there was nobody else in the room—I never went there myself during the time these ladies had the room, nor would I suffer any of my friends to come into it—I cannot say whether they might let anybody in themselves, but from the time Mrs. Hunter came out of the room, and I was talking to her, nobody came out or went in.
MR. BODKIN. Q. When you went in after speaking to Mrs. Hunter was there anybody else there or not? A. Certainly not—I am quite certain of that.
COURT. Q. When was your attention first drawn to the loss of the ring? A. I think three or four days after—the prisoners were still in the occupation of the room when it was discovered—I think it was then the conversation took place which I supposed at first to have taken place when the ring was lost, namely, that when Mrs. Hunter was with me last she lost a ring, and I made the observation to her, "It is just like your carelessness," and one of the prisoners said, "I hope it is not of much value"—I did not suggest to the prisoners that it had been lost in my room, nor did anybody else.
GEORGE COLLIER . I am a policeman. I took possession of the desk which I produced in the last case, and I found thirty-three duplicates in it—one of them refers to the ring in question—it was pawned with some of the articles belonging to the last case, with Mr. Russell, Fore-street, for 25s., on the 21st of September, 1836—this is the duplicate—I found the desk in Hyde-street, in the second-floor back room—the name of "Mrs. M. T. Newman" is on the desk.
THOMAS WILLIAM ROBINS . I am shopman to Mr. Russell, pawnbroker, Fore-street. I have the corresponding duplicate to the one produced—it is for three rings pawned on the 21st of September—I was present at the pawning, but did not take them in—it was a smart young person that pawned them—what calls the circumstance to my recollection was a doubt respecting the ring now produced being a diamond one—I had some converson with the person who took them in, but he has now left our service—that brings the circumstance to my mind, and my impression is that it was the younger prisoner brought them; that is my belief—they were pawned in the name of Julia Newman, No. 8, Fitzroy-place—I have not seen her since.
Cross-examined. Q. I suppose the proper date is on your duplicate? A. It is.
MR. PHILLIPS called
LUCY ELIZABETH HALLETT . Q. What time was it you said on the last trial you went to see the prisoners in Whitecross-street? A. I did not say what time it was, because I do not know—it was about two or three months ago, the first time I saw them.
MR. BODKIN. Q. Did you see them there frequently? A. I never went in but twice—I did not pawn any thing for them while they were it prison—I never saw this ring before.
MR. PHILLIPS. Q. How soon after you saw them in prison did you go into their service? A. About a month, I think; and I lived with them I think a couple of months in King-street, Goswell-street—I left then about six or seven weeks ago.
CORNWALL BARRY WILSON . I am a solicitor, and have chambers at Furnival's Inn. I know the two prisoners—they were arrested on a bill in which I was concerned, and were sent to Whitecross-street in the early part of August, last year—they were discharged the latter end of the following term, about the latter end of November—I saw them in prison in August, but never saw them again—the discharge was handed to me by the attorney in November.
COURT. Q. Are we to understand you that they were not out of custody from August to the beginning of November? A. They were in custody the. whole time—I can undertake to say they were in custody it November—they were both in custody on the same matter—one was the drawer of the bill, and the other the acceptor—they were both arrested the same day, I believe—I saw them both in prison about the 12th of August—I did not see them in September.
MR. BODKIN. Q. Were you concerned in the action? A. No—I was employed to negociate with the plaintiff for them, but I could not—there were no papers—the writ was not sent to me—they had no attorney—I ultimately arranged for their discharge with the plaintiffs attorney, Mr. Melton, who lives in Surrey-street, Strand, I think—I never saw the writ, nor any of the papers—the discharge was given to me.
THOMAS WILLIAM ROBINS re-examintd. I am sure this duplicate applies to this diamond ring—duplicates are sometimes printed three months before they are wanted, but we never use them out of time—I am confident the date is correct, for I have referred to the entry in the book.
JOHN WILLIAM IDE COUSINS . I know the two prisoners—I saw them in Whitecross-street prison in September—I know they were there the whole of September—I saw them ten or twelve times in prison—they were both confined there for debt.
MR. BODKIN. Q. Are you the gentleman who visited them as their uncle? A. Certainly not—I am no relation to them—I never represented that I was—I do not think I was ever represented as their uncle in my presence—I never heard it—I never represented myself as their Uncle, and never allowed myself to be called so—I have been acqnainted with the prisoners nearly twelve months—I have seen them very frequently—I knew them when they lived with Mr. Elderton, and when Mrs. Rawlinson was charged with robbing them of jewellery—I took no part in that, further than recommending them to have a respectable solicitor in the City, who was my solicitor—that was all I did—I did not pay the officers to my recollection—I know a gentleman named Ellis, a solicitor—I paid
him two guineas for attending—I visited the prisoners in Hyde-street, and was there when they were charged with felony there.
Q. You need not answer the question unless you like, but did you on that occasion offer the prosecutrix money not to come forward? Witness. I will not answer it.
MR. PHILLIPS. Q. Had the governor of Whitecross-street prison an opportunity of seeing you when you went in and out to see the prisoners? A. The man at the door did—I had been a friend of theirs—I saw they had no other friend, and I was their friend—I should have been anxious to render them any assistance in my power.
COURT. Q. What are you? A. I am no particular profession, I have private property of my own—I do not follow any business—I live at Stratford in Essex—I have farmed a great deal of land, but I found it did not answer, and retired from it—the prisoners are not related to me—I was recommended to them by a highly respectable person, and I did what I could for them—I never saw such a thing as a duplicate in their possession.
MR. BARRETT. I am governor of Whitecross-street prison. Julia and Margaret Newman were committed there on the 17th of August, and discharged on the 17th of November—they were not there on the 12th of August—they were on the 21st of September.
COURT. Q. Were they out in the intermediate time? A. They were not.
MRS. HUNTER re-examined. The snap was partly off my purse, it was a bead purse, and I thought it possible it might have fallen out—I staid three or four hours in Mr. White's room at the King's-bench—after talking at the door I returned into the room, and I think we bad lunch there—I saw the ring safe last when I was in the Strand—I took a coach from there to the Bench—I had the ring safe when I got into the coach—I might have lost it at the time of paying the coachman when I got out—there were a few shillings in my purse—I opened my purse to pay him, and that gave me the idea that I lost it at that time.
M. NEWMAN— GUILTY . Aged 40.
J. S. NEWMAN— GUILTY . Aged 19.
Transported for Seven Years.
808. MARGARET NEWMAN and JULIA ST. CLAIR NEWMAN , were again indicted for stealing, on the 14th of February, 1 tea-spoon, value 2s.; 1 decanter, value 3s.; 3 glasses, value 1s. 6d.; and 1 table-cloth, value 2l.; the goods of Mary Dobbs.
MR. BODKIN conducted the Prosecution.
MARY DOBBS . I am a widow, and live at No. 38, East-street, Redlion Square. On the 3rd of January the two prisoners occupied a furnished lodging at my house—they left on the 14th of February, saying they were going to Liverpool, on business—they were going that night to the Bull and Mouth, as they were going off next morning early—about half an hour after they left I missed two spoons, some glasses, decanters, and other things—on the 16th, two days afterwards, the elder prisoner called at my house to see if there was a letter come—I told her I had missed some things—she said she dare say they were taken away by is take, and if I would come the next day, I should have them—she did not say where they were gone to, but I had learnt where they were gone to, and I had got a constable from Hatton-garden: he came by my house at the time she was talking to me, and he and I followed her to where she went, which
was No. 25, Hyde-street, Bloomsbury—I went into the house to the second floor back room—the elder prisoner went in first, and the constable and I went in after her—I found the younger prisoner there, and a gentleman named Cousins, the witness—he told me I ought to be ashamed of myself to bring a constable there to respectable people—he did not tell me who he was, but he used to visit at my house when they lodged there, and Miss Newman said he was her uncle, but not in his presence—he never said he was related to them—I said, I had missed my things—Miss Newman said I was welcome to look, as she had nothing at all belonging to me, and they opened some boxes—they left the room several times to go into the little room adjoining, and the younger prisoner told me to come into that room, and look myself—when I got into that room she opened a box or two, and pulled her things out, and asked me to look—the elder prisoner was present—I found nothing of mine in those boxes—the elder prisoner went out into the big room, and went out at the door to go into the passage, the officer fetched her back, and she had got the rummer concealed down by the side of her—I identified it directly as being mine—the younger prisoner said her mother had only taken it out to drink—I after-wards found one of my tumblers in a small box wrapped up in paper—the box stood in the large room—after that the officer told me to go and look in the bed-room, and I turned the bed things up—the decanter was rolled up in something, and put under the bed—when the things were found, the younger prisoner said, "By G—d the things are mine, I bought them at Liverpool"—Mr. Cousins was there at the time—he laid a sovereign down on the table in their presence for me to say no more about it—he said, I ought to be ashamed to bring an officer there to respectable people, and he did not think any thing of the kind had happened, and told me to take it and say no more, and that would pay me for my loss of my glasses—he did not say then, "Say no more about it."
Cross-examined by MR. PHILLIPS. Q. Did you go with the officer to the lodging? A. Yes, close by the side of the prisoner—she did not say any thing going along—sometimes I was by her side, and sometimes she was on before—I must have heard her if she had said any thing—I said at the police office that the decanter was between the bed and clothes—I believe it was taken down and read over to me—I will swear these are my property—there is no mark on them, but they are the same as I had there—they could not have taken them away by mistake, for when I asked for them, I never could have them—the value of the articles produced is 8s., but I lost more.
MR. BODKIN. Q. When the decanter was found in the bed, where was the younger prisoner? A. She was in the corner—I took the decanter from the foot of the bed, near where she stood—she did not do any thing, but stood there.
MR. PHILLIPS. Q. You swore at the police-office that she tried to prevent your going to the foot of the bed? A. She stood at the foot of the bed, and told me I might look in the other part of the room, and said there was nothing there—that was read over to me at the police-office—I did not ask the elder prisoner on the road where she lived, because I knew before.
COURT. Q. Did she go the direct way home? A. No, not at first she went the Lamb's-conduit-street way, which is not the nearest way.
MR. PHILLIPS. Q. How near were you to her while she was going along? A. The policeman was with me—I was very near to her at times,
and sometimes she was a little way from me—she did not speak—I was near enough to hear her if she had spoken.
COURT. Q. If she spoke to the policeman you must have heard it? A. They were on before me a little time—if they spoke I might not exactly hear them.
MARY SUSANAH SRQUE SMITH . I am Mrs. Dobbs's daughter, and live with her. This table-cloth is hers—it was in use in the house when the prisoners were there—I laid it on the drawers when they came to the lodging—it was missed before they left, but till they left we did not inquire about it—it has an iron-mould mark on it, which I did myself with ink.
Cross-examined. Q. There are no initials on it? A. No—I was at hone on Thursday when the elder prisoner called—I beard her and my mother speaking, but did not hear what they said—I was in the garden, and they in the passage.
EDWARD RAMSHIRE (police-constable E 58.) I was called in on Thursday, the 16th of February, by the prosecutrix, as I was going by, and she gave Mrs. Newman in charge—I told her Mrs. Dobbs had given her in charge—in going towards Lamb's-conduit-street she said, "I have been seised with a paralytic stroke; I have a bad memory"—I asked where she lodged—she said, "I shall know my lodging if I see it"—I said, "I can show you your lodging," (having heard from Mrs. Dobbs where she lodged)—Mrs. Dobbs was sometimes close to us, and sometimes at a distance—I took the prisoner to No. 25, Hyde-street—she took me at first in quite a contrary direction, but I told her I knew whore she lived, and we went together to Hyde-street—in going up stairs to the second-floor, just as she got up, she spoke in some foreign language—she had an answer—(I do not know what it was, it was not English,) and the door was opened—I went into the second-floor back-room, and found Mr. Cousins and Mist Newman—I stated that Mrs. Dobbs had given them in charge for stealing the things mentioned—the prisoners said they had not got the things, and they looked about in different places for three quarters of an hour—I then asked them to allow Mrs. Dobbs to look about for her property—they consented, and Mrs. Dobbs proceeded to search—Mrs. Newman went out of the room—I said, "Nobody leaves the room till Mrs. Dobbs has searched for her things"—I brought Mrs. Newman back—I thought she had something under her cloak—I pulled it on one side, and she had this goblet—she put it behind her buck rather to hide it, but I took it from her hand—she said it was her own—I told Mrs. Dobbs to look at it, and she said it was hers—on the 18th I went to the apartment again and found this table-cloth there.
Cross-examined. Q. You said at the police-office, "No doubt that she, put the goblet behind her back to hide it?" A. Yes—that was taken down and read over to me.
EDWARD BELL . I am a police-inspector. I was at the station-house when the prisoners were brought there on this charge—they both denied the charge, and said they bought the articles at Liverpool—after the charge was entered I sent for a female to search them, and when the elder prisoner was taken out of the room, the younger one said, "Tell that man (Ramshire) to go out of the room, I want to speak to you in private"—when he was gone, she said, "Before we left that old woman's lodging we had some refreshment, and by mistake these things got mixed with our own, "pointing to a mustard-pot, and at the same time producing a silver spoon from her bosom—she said, "I would not give them to her while she was here as she was so very insolent, but I intended to have brought them to you, and to
have got you to return them, without making it known from whom you received them"—I did not know her before—the things were produced when the charge was taken—Mrs. Dobbs said she had other glasses like these, but had broken them—spoons had been stated to be among other articles lost by the prosecutrix in their hearing before it was produced it was after I had sent for the woman to search them that the younger prisoner produced the spoon—it was wet with mustard at the time, and the mustard-pot has liquid mustard in it.
Cross-examined. Q. Was Mrs. Dobbs a little violent about the property? A. Not at all—she was rather excited, rather cross at it, and said she insisted on prosecuting them.
MRS. DOBBS re-examined. This spoon is mine, and is one of the two I lost—the prisoners left me between six and seven o'clock in the evening on the 14th, and the elder prisoner called about twelve o'clock on the Thursday—I did not ask why she had not gone to Liverpool—the letter "L" is on the spoon—I bought it of a friend who lives opposite me.
MARIA LYNE . The prisoners took my lodging on the Monday, and came to it on Tuesday night, the 14th—they said they might stop a short time or they might stop a long time—they took it by the week—they said nothing to me about going to Liverpool—they said they had lodged at No. 38, East-street—I made no inquiry about them.
Cross-examined. Q. Did they bring a box with them? A. They did—they had a number of things—after they left there were four tumblers with their own name left behind.
M. NEWMAN— GUILTY .
J. NEWMAN— GUILTY .
Transported for Seven Years longer.
(There were two other indictments against the prisoners.)
Fourth Jury, before Mr. Sergeant Arabin.
809. JAMES HEWITT and WILLIAM SOUTHGATE were indicted for stealing, on the 16th of February, 1 loaf of bread, value 7d., the goods of Richard Cook. 2nd COUNT, stating it to be the goods of Joseph Thorpe; to which Hewitt pleaded
GUILTY . Aged 17.— Confined Eight Days.
JOSEPH THORPE . I am a journeyman baker to Richard Cook. On the 16th of February I left my basket of bread by the York-gate, Regent's-park—I returned and saw Hewitt in charge of a policeman, who had a loaf in his hand, which I knew to be master's—I saw Southgate at the station-house.
GEORGE RIMINTON . I am keeper of the York-gate. Thorpe desired me to look to his basket, and I saw Hewitt take a loaf from it, put it under his arm and run away with it—I went after him and secured him—he said he hoped I would let him go, that he had not had a bit of bread all day—Southgate was close to him at the time he took it, but he never had the bread—when Hewitt took the bread, Southgate said to him, "Run away, here is the keeper after you"—I had seen them watching about there for nearly an hour before.
WILLIAM GOODALL (police-consable D 88.) I took Hewitt into custody—I saw Southgate going away, he was pointed out to me by Riminton as I was taking Hewitt to the station-house; and on the following day I apprehended him—he said he did not know what I was taking him for.
SOUTHGATE— NOT GUILTY .
FRANCES MAYBURY . I am the wife of Henry Thomas Maybury, a hair dresser, Shepherd's-market, May-fair. I took the prisoner into my service in consequence of my husband's inability to attend to business, he having been ill these five months—it was his duty to receive money on my husband's account, and account to me for it.
Cross-examined by MR. PAYNE. Q. Were you in the habit of paying this money for Sir Nicholas Trant? A. Yes—I took no receipt for it—the bill for 3s. 6d. was already receipted.
Cross-examined. Q. Have you any bill and receipt? A. No it was paid at the time.
FRANCES MAYBURY re-examined. On the 6th, the prisoner only paid me 3s. as received from Sir Nicholas Trant's servant—he did not pay me 6d. on the 7th—nor has he since—on the 2nd of February he only accounted for 2s. 6d.—he entered our service on the 1st of February, at 20s. a week, and he had two pence out of every shilling for what he sold in the shop—he worked for us ten days—on Sunday he went home, and never came again—his week ended on Sunday.
Cross-examined. Q. Was there any bill tent to Sir Nicholas Trant? A. He made out the bill himself, as my husband was too ill—the amount I saw was 3s. 6d.—when he came back, he said Sir Nicholas Trant missed once in the week, and objected to pay for that time—he had not been to Sir Nicholas the week previous, because he gave offence—he went from Wednesday up to the Sunday—a young man who lives with us now, went before that—we do not enter the sums we receive weekly—I only speak of this from my recollection—I am sure I have not received those amounts.
NOT GUILTY .
811. GEORGE DARTER and WILLIAM MULLINS were indicted for stealing, on the 25th of February, 12 pairs of stockings, value 15s.; and 6 handkerchiefs, value 1l. 8s.; the goods of George Alexander Woodrow; and SARAH GULLEN and ANN CONNOLLY for feloniously receiving the said goods, well knowing them to have been stolen; against the Statute, &c.
WILLIAM JOSEPH DIXON . I am shopman to George Alexander Wood-row, hosier, Cheapside. On a Saturday evening in February, between six and seven o'clock, the two male prisoners came and asked me to show them some black silk handkerchiefs, which I did—there was a gentleman and lady in the shop at the time—I showed them some at 4s.—they said they wanted some better—I showed them one at 6s., and turned round to look for some at 5s., which they asked for—this is the 6s. one—I can swear to it—there was a dozen pairs of hose on the counter when they were there, which I missed when they left—these are them—I was asked for them shortly after the prisoners left, and missed them, and while I was looking for them the officer came in.
JAMES CUTHBERT . I am inspector of the watch. About twenty minutes before seven o'clock, on the evening of the 25th of February, I was coming up Cheapside and saw the four prisoners and a girl, not in custody, come down Friday-street, all five together—one of the female prisoners, but I am notable to say which, lifted up an apron, and I saw a parcel pass from the one girl and two boys to the two female prisoners, who then went towards Watling-street—the two boys and the other girl walked up into Cheapside—I followed the two female prisoners, and in a minute or two I lost them—I found the two boys and the other girl in Cheapside—I traced them to Holborn-hill, where the two female prisoners were, and met Shaw—I took Connolly, and found the six pairs of stockings under her shawl—Shaw took Gullen, and I saw some stockings taken from her—I saw Shaw pick this handkerchief off the ground—I took the male prisoners next morning lurking about the Compter.
JOSEPH SHAW . I am a policeman. I met Cuthbert last Saturday week, about a quarter to seven o'clock—I took Gullen into custody, and saw half a dozen pairs of stockings drop from under her shawl; and while Connolly was in custody of Cuthbert I saw this handkerchief drop from under her shawl, and I took it up.
Gullen's Defence. I was going up Friday-street, and met a young woman, who asked me to go with her—she gave me them to carry, and said she would pay me for my trouble—I know nothing of the boys.
DARTER*— GUILTY . Aged 16.
MULLINS*— GUILTY . Aged 16.
GULLEN'— GUILTY . Aged 16.
CONNOLLY*— GUILTY . Aged 16.
Transported for Seven Years.
812. RICHARD LYON BECKENHAM was indicted for stealing, on the 5th of February, 1 hat-box, value 5s.; 3 books, value 5s.; 1 shirt, value 10s.; 1 pair of stockings, value 1s. 6d.; 1 cloak, value 1l.; 1 cape, Value 1l.; 1 shawl, value 5s.; 1 bag, value 15s.; 1 coat, value 3l.; 1 pair of trowsers, value 1l.; 6 shirts, value 3l.; 12 collars, value 10s.; 8 pairs of stockings, value 10s.; 1 pair of drawers, value 2s.; 3 handkerchiefs, value 9s.; 1 waistcoat, value 10s.; 1 shaving-case, with brushes, value 10s.; 1 printed book, value 1s.; 1 pair of half boots, value 2s.; 1 pair of gloves, value 1s.; 1 handkerchief, value 1s.; and 1 cap, value 2s; the goods of Thomas Tyers Tyers, Esq.
MR. DOANE conducted the Prosecution.
THOMAS TYERS TYERS, ESQ . I am a barrister, and live in Lincoln's-inn-fields. On the 4th of February I gave the articles stated to Elizabeth Martin, to be sent to me at the White Horse-cellar, Piccadilly—I received part of them afterwards—these are my property.
ELIZABETH MARTIN . I am housekeeper to Mr. Tyers. I received this property, and also a carpet-bag and paper parcel—I gave these articles to the prisoner, who had been employed to carry parcels several time—I directed him to take them to the White Horse-cellar, Piccadilly, on Sunday, and I would pay him when he returned—he never came back, and I went to Fetter-lane and recovered these articles from Mrs. Pearce.
WILLIAM HENRY PEARCE . I live with my father and mother, in greystoke-place, Fetter-lane. The prisoner is my cousin—about five o'clock on Sunday, the 5th of February, he came to our house, and said, "let me
leave these things here for a little while, as I am going down to the White Horse-cellar to get these things booked"—he left the articles produced at our house, and went away with a paper parcel and carpet-bag—I afterwards told my mother what had happened.
JAMES CROSS . I am a policeman. On the 16th of February I was standing at the station-house, the prisoner came up to me and asked if I had heard of the job in Lincoln's Inn-Fields—I said, "What job?—he said, About the carpet-bag being stolen"—"I said, Yes"—he said, "I wish to give myself up, for I am the party that did it" he said he left the carpet-bag in Hyde-park, and sold the coat and trowsers.
MR. TYERS. The carpet-bag and parcel have never been found.
Prisoner. I leave myself to the mercy of the Court.
GUILTY .* Aged 24.— Transported for Seven Years.
DANIEL HARRIS . I live in Edgware-road. The prisoner has been in my service about four months—I gave her warning some time since—she left on the Monday evening, and on the Tuesday I missed a pair of sheets—I saw the prisoner about seven o'clock the same evening, on the opposite side of the road, and gave her into custody—a pair of sheets and a shawl were found on her—these are the sheets—they have the initials of, my late wife on them—the constable asked how she came by them—she said the took them away, but did not intend Co steal them—I cannot swear to the handkerchief.
MARY HARRIS . I am the prosecutor's mother. On the day the prisoner left I was sent for—I looked over the linen and missed a pair of sheets—she said they were on the boy's bed—I did not examine to see if they were—I know these sheets.
(The prisoner put in a written Defence stating, that being in distress she had pledged the sheets for half-a-crown, intending to replace them—that on leaving her place she had redeemed them and was waiting about the house till she saw the shop-boy, who she asked to take them into the house—that he promised to come out to fetch them, instead of which he went and told his master, who came out and took her.)
DANIEL HARRIS re-examined. She said she took them, but did not intend to steal them—she could not be in distress—she was intoxicated the whole of the week before—the boy came and told me she was on the opposite side of the way—he did not say she had asked him to take them.
GUILTY . Aged 39.— Confined One Month.
THOMAS HAYWARD . I am a milkman, and live in Elgar-place, Brick-lane. On Monday, the 6th of February, I went into the Angel public-house, St. George's—I put my yoke and pails inside the house, opposite the bar, and went to the tap-room to drink—I remained there about an hour and a
half or two hours—when I came out my pails were gone—the prisoner was at the public-house while I was there—in consequence of what was said to me I went out, and found her about three hours afterwards—I asked her if she knew any thing of the pails—she said she had pledged them and spent the money, and torn up the ticket—she did not tell me where she pledged them—these are them.
Prisoner. The prosecutor my husband and I were drinking all day long—he told me to pledge them, and I have often pledged them for him before. Witness. I did not give her any authority to pledge them—I am acquainted with her husband—we were drinking together that day for two or three hours—they never pawned any thing for me—he is a milkman—he went out round to his customers—I went in search of him to inquire about them—he probably might have taken them—he was not at the Angel with me at all—the prisoner was—he was in the highway, a quarter of a mile from the Angel—I was perfectly sober.
WILLIAM SAMUEL CALVER . I am shopman to Mr. Thimbleby, pawnbroker, Old-street-road. On Monday evening, the 6th of February, between four and five o'clock, the prisoner pledged these pails for 4s.—I asked if they belonged to her, she said "Yes"—there was no man with her.
MICHAEL DEMPSEY (police-constable K 247.) I took the prisoner into custody—I asked if she knew any thing about Hayward's pails and yoke—she began to laugh, and said, "I know nothing at all about them; I will go wherever you like."
NOT GUILTY .
ROBERT HARVEY . I am in the employ of my uncle, who is a grocer in Oxford-street. On a Monday, about three weeks ago, a boy brougbt this bill to the shop, and signed his name to it, and I paid him 1s. 3d. which was due to Mr. Harris—I cannot swear it was the prisoner.
CAROLINE WILLINGALE . I am servant to Mrs. Grub, of Allenterrace, Kensington; she deals with Mr. Harris, of Oxford-street. On the 6th of February the prisoner brought some cheese and things with this bill for them—I paid him 12s. 8 1/2 d. and saw him sign the bill.
JOHN HARRIS . I am a cheesemonger, and live in Oxford-street. The prisoner was in my employ—it was his duty to take out goods and receive money for them—the receipts to these bills are in his handwriting—it was his duty to account to me the same night he received money—he has not accounted to me for either of these sums—he absconded on the 6th of February, and did not come again—I found him at his mothers lodgings, and gave him in charge.
GUILTY. Aged 15.—Recommended to mercy. — Confined Six Months.
JAMES BIRMINGHAM . I live in Jacob's-court, Cow-cross on the evening of the 7th of February I was unloading a cart at Mrs. Cohen's in Cow-cross—I was at work until about half-past six o'clock, and missed a shovel, belonging to her.
HANNAH COHEN . I live in Cow-cross. Birmingham was loading a cart by my house, on the 7th of February—this shovel is mine, I put it into the cart myself—I did not see any body about the cart at the time—I know the prisoner Price—I saw him that day on the other side of the way but not near the cart—he spoke to Birmingham—a little iron was taken from the cart—I have seen that since, and know it to be mine—I have seen Condon in the neighbourhood, but not that day.
PATRICK NICHOLAS . I am a labourer, and live in Peter-street, Cow-cross. I was coming home from the Rosemary Branch, at Islington, and met the two prisoners with a shovel, offering to sell it to a man in Peter-street for 6d.—they came up and asked me to buy it—I asked what was the price of it—they said 1s.—I gave 10d. and half-a-pint of beer to Condon for it.
THOMAS GOODMAN . I am a marine store-dealer, and live in Turnmill-street, Clerkenwell. One evening, about half-past five o'clock, I bought eighteen pounds of cast iron from Price—I afterwards gave it to the policeman.
(The prisoner Price put in a written Defence declaring his innocence, stating that the prosecutrix kept a house of ill fame, and that she told the witness Birmingham, if he did not swear they took the iron and shovel she would never give him another job, and he would come to be hinged like his brother was; and that her late husband had been once in the pillory.)
JOSEPH BIRMINGHAM re-examined. Mistress., did tell me if I did not swear to them I should never have another job—I have sworn the truth—she said I should come to be hanged like my brother, and shoved the door in my face.
HANNAH COHEN . It is as big a falsehood as ever a man spoke with his tongue—I have lived there nine years—I never said a sentence to him—Birmingham has been abusing me all day long, and he says to-morrow be will indict me—my husband was never in trouble—his brother was.
CONDON— GUILTY . Aged 15.— Confined Eight Days.
PRICE*— GUILTY . Aged 15.— Confined Six Months.
WILLIAM YOUNG . I am a seaman, and belong to Sunderland, but lodge at Mrs. Martin's, in New Gravel-lane. Last Saturday week I got intoxicated, and went to the Pavior's Arms, Ratcliff-highway—I did not go further than the bar—I was standing there, getting a pint of beer—the three prisoners came up to me, and one of them asked me to give them a drink of beer—they took me away somewhere, and I afterwards found myself in the street without my jacket and handkerchief—I had not given it to either of them—I was too drunk to remember any of the particulars, but I was sober when I met them, and am quite sure they are the persons.
Halstead. Q. Did you not ask me to sell the handkerchief on my neck? A. No—you did not give it me, nor did I pay you for it—some thing was said about my paying for beer—it was about half-past nine o'clock in the morning when I first saw you.
Delaney. I was never in the shop at all. Witness. I am sure she is the person.
HENRY KHUHMAN . I live in Brook-street, St. George's East I know the three prisoners by sight—I saw them last Saturday along with the prosecutor—I saw Harrington take him into No. 30, Angel-gardens—the other two followed in behind—the prosecutor had his jacket on then, and a handkerchief on his neck—Young went up stairs, and Delaney with him—Harrington remained in the passage—I saw young come down stairs again by himself, without his handkerchief and jacket, and Harrington, who was in the passage, took him nearly up to the top of the gardens; and then I saw the two girls come out—Delaney had something in her apron—I saw her go into Mr. Carpenter's, the pawnbroker—they then came down the gardens together, and Delaney gave Halstead some money, and both went towards the highway.
WILLIAM COOPER . I live in Cornwall-street. Last Saturday I saw the three prisoners, about one o'clock, come down Angel-gardens—harrington had bold of Young's arm, and the two girls were behind—Young had his jacket on then—he went into No. 30, Angel-gardens—I afterwards saw him come out without jacket or handkerchief on—I was with Khuhman, and saw all that he did—Harrington took the prosecutor up to the top of Angel-gardens, and then the two women came out—Delaney had something in her lap—one went to the pawnbroker's box, and came out; and then they went on to Mr. Skilt's, and came down Angel-gardens talking—I then saw Delaney give the other something—I only speak of the time by guess.
Halstead. The money Delaney gave me was for a handkerchief Young had given me.
ROGER JUDGE (police-constable K 260.) On the 25th of February I saw the prosecutor about two o'clock, and went with him to the Pavior's Arms, where I found Delaney, and took her into custody—nothing passed between us—I took Halstead at four o'clock—she denied knowing any thing about it—I found a yellow silk handkerchief on her, and 2s. 9d. in money.
GEORGE HUNT . I am a policeman. I took Harrington into custody about nine o'clock on Saturday evening—he asked what I wanted him for—I told him it was respecting a sailor's jacket—he said he knewn nothing about it, but he had been along with the sailor and the girls to the house in Angel-gardens, and had been drinking with them since—he said, "I don't tare a pin about this concern, I can easily get over this on Monday".
Harrington's Defence. He said at the Thames' police-office that he did not recollect being in my company, but I owned myself to being in his company—he got groggy and sick—I led him outside the door—he asked me to take him to a lodging, and I took him to this place, and stooped by the door—in about ten minutes he came down stairs—I said, "Where are
you going? where is your jacket and handkerchief?"—he said, "That is all right, I have left them up stairs, and am going to get some beer"—he went and called for a pint of half-and-half; and had no money to pay for it—I paid for it myself, and then he went out and went away—when the policeman came and took the girls into custody I was there, and he said nothing about me.
Halstead's Defence. I was not at the house with him at all.
HARRINGTON*— GUILTY . Aged 26.
DELANEY*— GUILTY . Aged 19.
HALSTEAD†— GUILTY . Aged 24.
Transported for Seven Years.
WILLIAM ROBERT MAYNARD . I am shopman to Maria Newby, a pawnbroker in Drury-lane. About 12 o'clock on Friday, the 24th of February, two handkerchiefs hung at the door tied together—I saw, one lying on the ground, which made me look for the other, and it was not there—the prisoner was standing by the door at the time—I looked at him very hard, and inspected him—I laid hold of him, and found the missing handkerchief on him—I dragged him into the shop, and he dropped it—I took him to Bow-street, and gave him into custody.
Prisoner. I caught hold of it to stop it from falling. Witness. I found it on his person.
GUILTY . Aged 14.— Transported for Seven Years.
NEW COURT.—Monday, March 6th, 1837.
Sixth Jury, before Mr. Common Sergeant.
MR. JONES conducted the Prosecution.
JOHN JONES . I live in James-street, Oxford-street, with my brother Michael and sisters Anna Maria and Mary. My sister carries on the business of a grocer in Oxford-street—we all have an interest in it—the prisoner was in our employ for five years—he had 22s. a week—he was sent out every Monday to collect orders and money—it was his duty to tell me who paid him, and I put it down—the prisoner did not account to me on the 7th of December for 1l. 2s. 6d. as received from Buller of Southall, nor on the 21st for 19s., nor on the 4th of January for 7s. 6d.
Cross-examined by MR. PHILLIPS. Q. you hired this boy? A. He was hired by my sister—he was the servant of us all—my sister paid him—he was allowed nine pence a day for toll, and no expenses, when he took the cart out, but on Monday he was allowed 1s. 6d.—he had to go to Paddington, Bayswater, and Southall—he is married, and has three children—he had left our service he came and offered 4l. 10s. in part of the deficiency—he did not account to either of my sisters or brother in the tobacconist-business—he has accounted to my sister Mary who is at home.
MR. JONES. Q. You conduct the tobacconist business? A. Yes—my sister Mary had to do with that—the prisoner sometimes paid her—I never had any conversation with him on this subject.
ANNA MARIA JONES . I am the eldest of the family. The prisoner called on me after he left our service, and offered to pay a part of the money he had received, and give security for the remainder—he did not say any particular money—I did not charge him with having taken any money from any particular person.
NOT GUILTY .
MR. JONES conducted the Prosecution.
THOMAS SHEEN . I keep a tobacconist's shop, in St. Alban's-plaee, and deal with the prosecutors. On the 14th of November I paid the prisoner 8l., on the 7th of November 6l., and on the 22nd of December 15l., for his master, John Jones—that was a tobacconist account—I have the receipts.
ANNA MARIA JONES . I am in partnership with my brothers and sisters in the tobacco shop—these are the books of the shop—my brother Job keeps them—there is no 8l. paid by the prisoner for Mr. Sheen—there is 5l. down—it is my brother's writing—I was not present.
NOT GUILTY .
THOMAS MOORE . I am a hatter, and live in St. James's-street. The prisoner Baker was my errand boy—I do not know Ball—I went down into my shop on the 23rd of February, at a quarter before seven o'clock, from suspicions which I had—I there saw the two prisoners at the shop window, which is in a line with the street door—Ball had a bat-box, with a hat in it, in his hand—they appeared to be talking—I was at some distance, and waited to watch them—after a minute or two, Ball, who had the hat, walked deliberately out of the shop—I followed him, and asked what he had got—he said, a hat, and he had got it out of the shop—he endeavoured to get away, but I collared and pulled him into the shop, and he said, "It was not the other boy's fault; I frightened him into it;" and Baker immediately said, "It is the first one"—I have missed other hats besides this—I found this hat in the box—I had not sold it.
Ball. When the Magistrate asked if I said any thing to him, he said no—I think he has a partner. Witness. No—my partnership was dissolved on the 1st of January, this year.
JOHN WHALL (police-constable C 63.) I received charge of the prisoners, with the hat and box—I heard Ball say he had frightened Baker to give him the hat, and it was the first one he had taken; and after that Baker stated to me that he was to meet Ball that evening, and he was to give him part of the money for it.
BAKER— GUILTY . Aged 16.
BALL— GUILTY . Aged 19.
Transported for seven Years.
my great-coat there at ten o'clock in the morning—I retuned about four o'clock, and the coat was gone—this is it.
Cross-examined by MR. PAYNE. Q. Are you quite sure it was in the phaeton? A. Yes—I have not the slightest doubt of its being mine.
Cross-examined. Q. You cannot fix on any other day? A. No—I saw him from a quarter of an hour to twenty minutes—he came in about two o'clock—he was in and out of the stable.
Cross-examined. Q. Are you quite sure of him? A. Yes—he was with me about five minutes.
GUILTY. Aged 36.—Recommended to mercy. — Confined Three Months.
823. WILLIAM JACKSON was indicted for feloniously forging, on the 8th of February, a request for the delivery of 28lbs. of Italian juice, with intent to defraud Barnett Bedwell and others; against the Statute, &c.—2nd COUNT, for uttering the same, with a like intent.
ROBERT GOOSEY . I am clerk to Barnett Bedwell and others, of St. John-street, grocers. On the 8th of February, about five o'clock in the evening, the prisoner brought this order for 281bs. of Italian juice—(read) "Gentlemen, Please to deliver to the bearer, 28lbs. of the best Italian juice, for Thomas Lloyd, 141 Aldersgate-street. J. Smith. 8th February, 1837. To Messrs. Bedwell and Co."
Witness. We deal with Thomas Lloyd, he is a grocer—I suspected the prisoner not to be a servant of Mr. Lloyd's as he represented himself, and I called another young man down to ask him some questions, and we aid we would send it—he then said he did not live with Mr. Lloyd, but he had bought the juice, and paid for it, and he had given him that order to get it—he then attempted to make his escape, but I secured him, and gave him in charge.
Prisoner. I was not sober at the time—I hardly knew what I said of what I did. Witness. I do not think he was sober.
DANIEL DEARLOVE . I am shopman to Thomas Lloyd a grocer, of Aldengate-street. The prisoner came to our shop from ten to eleven o'clock on the 8th of February, and asked if I could tell him where to buy the best Olasso juice, that is Italian juice—I asked what quantity he wanted—he said, "A chest or two"—I then said Bedwell and Yates, or Williams would serve him as cheap any one—I did not write this order nor any order—it is not written by my master or any one in the shop—we have no one of the name of Smith in our employ—I did not see that the prisoner was drunk.
GUILTY. Aged 34—of uttering. Confined Two Years.
FRANCIS HALLIFAX (police-constable N 38.) I Was on duty in Kingsland-road, on the 20th of February, about a quarter to four o'clock—a man told me something, I went across the road and the prisoner dropped this pair of breeches, when I got within two or three yards of him, from his apron, and ran off—I picked them up—I overtook him about fifty yards and then took him to Elliott's, a pawnbroker in the road, about sixty yards from where he dropped them.
GEORGE HANCE . I am warehouse-boy to Mr. John Elliott, a pawnbroker of Kingsland-road. We had some breeches outside the door for sale—I missed this pair when the officer brought the prisoner—we had not sold them.
Prisoner. There were other boys as well as me—I never had them.
GUILTY . Aged 14.— Transported for Seven Years.
825. JOHN ANDERSON was indicted for stealing, on the 1st of February, 4 gowns, value 14s.; 1 shawl, value 2s.; 1 sheet, value 2s.; 1 handkerchief value 1s.; 1 cloak, value 5s.; 1 pair of shoes, value 2s.; and 1 breast pin, value 2s., the goods of Susanna Johnson.
JAMES TRAIL . I am in the service of Mr. Crouch, a pawnbroker. I have a cloak, a gown, and three pairs of shoes, pawned in the name of John Anderson by a boy, but I do not think the prisoner was the boy—he was a head taller than the prisoner—he stated that it was for his mother—our duplicates correspond with these.
EDMUND BROWN . I am in the service of Mr. George Lowther, a pawnbroker of Tottenham-court-road. I have a gown, a handkerchief, and pin, pledged in the name of John Anderson, for his mother—I know the prisoner by sight, but I cannot say whether he pawned these—his mother has used our shop for some years.
HORACE PECKOVER . I am in the service of a pawnbroker. I have a sheet and shawl pawned in the name of John Anderson by the prisoner, I believe; but an older one was with him—he stated he brought them for his mother—we are not in the habit of taking things from children, but I asked if he brought it from his mother—he said, "Yes."
GUILTY. Aged 12.— Judgment Respited.
railing outside the house where I lodge—the walked away—I followed her, and took her to the public-house—she dropped the pot as she went on, I took it up, and took it to the bar.
Prisoner. I did not fling the pot out of my hand—I was going to the pomp with it. Witness. Yes, she did, soon after I took hold of her—she had passed the pump.
GUILTY . Aged 68.— Confined Two Months; Two Weeks Solitary.
HENRY SMITH ELLIS . I live in Goswell-terrace, Goswell-road. The prisoner was my servant for about three months—I missed the spoon two or three days before Christmas, and the spectacles on the 6th of February—these are my spectacles—my initials are on the spoon—I charged the prisoner with this, and in consequence of what he told me, I went to the pawnbroker's, and found the property.
Cross-examined by MR. PAYNE. Q. Did you tell him it would be better to tell you? A. No—I asked him either to give me the duplicates, or say where they were—he did not give them—we found them at his lodging—I was compelled to prosecute him—I had sold him a guard-chain three or four days before, and a dog for 4s.—he lost that dog—I did not sell him another, nor a coat—I allowed him to wear it—his wages were 15s. a week—he was not to pay for the coat by 1s. a week, but as he could—I believe I deducted the price of the dog from his wages—I dismissed him on Tuesday the 5th of February—there was no agreement that I was to sell the coat to him—he was to have had it, and I allowed him to wear it—the price of the guard-chain was 1l.—I know he intended to make money of it by raffling it, which was to take place on Monday, but he had the chain some time before that.
ROBERT LINWOOD . I live in St. James's-street, and am a pawnbroker. I produce a spoon pawned by the prisoner, on the 20th of December, for 2s. 6d., and the spectacles, on the 4th of February, for 6s.—the spectacles were pawned to redeem the chain, I believe.
JOHN STURGES (police-constable G 27.) I received the prisoner in charge—he first denied all knowledge of stealing the property, but in going to the station, he said he had stolen the property from his master, and had pawned it.
Cross-examined. Q. Had his master told him it would be better for him to acknowledge it? A. I did not hear it—he begged to speak with his master privately.
(The prisoner received a good character.)
GUILTY. Aged 23.—Recommended to mercy by the Prosecutor. Confined One Month; Last Week Solitary.
17th of February, to the vault-door of the chapel at Pentonville—we were near to it—the clergyman had just left reading prayers, and gone into the chapel—I saw the prisoner come from underneath the vault—she came out of the vault—I had left my coat and handkerchief hanging up 0n the inward gate—I observed something under her shawl—the boy ran after her, and took my coat from her—this is it, and the handkerchief was in it.
GEORGE ASHTON . I live in Upper Union-place. I saw the prisoner come out of the vault—I ran after her, and asked if she wanted the grave-digger—she said, "No"—I lifted up her cloak, and saw this coat—she said a person had given it her at the vault-door to mind till they came back; butthere was no one there.
Prisoner. A person gave it me, and said she would return—I do not know who she is.
GUILTY . Aged 37.— Confined Three Months; Last Week Solitary.
HENRY PIKE . I live in Chapel-street, Somers'-town, and am a baker. I employed a man, named Bolston, to clean my staircase on Monday the 20th of February—he brought the prisoner with him—I saw the prisoner leave my house at a quarter past four o'clock, with a basket on his shoulder—Bolston was not there—the next morning, at six o'clock, I found the pipe was gone—it had been fixed in the bakehouse—the next morning Bolston returned to work, but the prisoner did not—I went to Mr. Ayling's, and saw the pipe there—this is it.
Cross-examined by MR. BALLANTINE. Q. Is Bolston here? A. No; he was not in the house when the prisoner left—I returned home at four o'clock, and went to where they were at work—I saw neither of them between that and the time the prisoner left—Bolston did not return till the prisoner left—the prisoner returned at five o'clock—I did not make any charge against him till the next morning—I charged Bolston with this; I thought he might know something of it.
JAMES BARENGER . I am a shopman to Mr. Ayling, of Hampstead-road—he is a lead merchant. The prisoner came to the shop on Monday, the 20th of February, and said he had some lead to sell—I directed him to go back to the warehouseman to get it weighed—he went back, and the warehouseman delivered in the weight of the old pipe to me—it weighed lqr. 18lbs. gross—I paid the prisoner 7s. for it—he gave his name as "William Allen, of No. 16 or 18, Middlesex-street, Somers'-town"—I made an entry to that effect, and of the weight and sum paid.
Cross-examined. Q. How much is this lead worth? A. 18s. a hundred weight as old lead—the prosecutor's is about three quarters of a mile off—I had known the prisoner before.
THOMAS NICKLIN . I am a policeman. I apprehended the Prisoner on the 21st of February, and asked him if he knew any thing about the lead; he said he did not—I have compared the lead to the places, and it fitted exactly.
Cross-examined. Q. Do you know Bolston? A. Yes; he was taken before the Magistrate, and discharged.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy by the Jury. — Confined Three Months; Three Weeks Solitary.
MR. JERNINGHAM conducted the Prosecution.
MR. CHARLES DE THIERRY . I reside at Storey's-gate, St. James's-park. On the 18th of February, I drove Mrs. Martha Pearse in an open carriage—I stopped in Brewer-street, at Mr. Street's—we got out and went into the shop I spoke to the coachman before I went in, and observed the shawls all right in the carriage—there were three of them lying on the hind seat, and the apron was folded—I was not in the shop above ten minutes or a quarter of an hour, when I heard the cry of "Stop thief—a gentleman directed me which way the prisoner had run—I went into Warwick-street, where the prisoner was arrested—these are the shawls—they are the property of Mrs. Pearse.
Cross-examined by MR. PAYNE. Q. Is Mrs. Pearse here? A. No—her name is Martha Deane Pearse, but she very seldom uses the name of Deane, it is the name of her late husband—her Christian name is only Martha—I have known these shawls for years—they were worn that day, and one is a French Cashmere—Mrs. Pearse is not well enough to come here—I swear to the general appearance of these shawls.
MR. JERNINGHAM. Q. Your are quite sure these are hers? A. Yes.
JOHN BINDEN . I am a porter, and live in Princess-row, Kingston-terrace. I was at the bottom of Francis-street, on Saturday afternoon the 18th of February, and I heard the cry of "Stop thief"—I saw the prisoner, he was running very fast with a bundle under his arm—I pursued for thirty to forty or fifty yards—he then dropped the bundle close to me—I followed him to Warwick-street, where he was taken—I saw the bundle picked up by a butcher—I kept my eye on the prisoner till he was taken—this was about four o'clock.
Cross-examined. Q. Do you know Mr. Street's shop? A. Yes, it is in a very short street, where I saw the prisoner running, leading oat of Brewer-street, into Marylebone-streer, there was a turning.
RICHARD JOEDAN . I live in Marylebone-street, Golden-square, and an butcher. I was at my master's shop door about four o'clock, and heard the cry of "Stop thief"—I ran after the person—and I cannot swear to the prisoner—when he found I was quite close upon him, he threw down these shawls—I gave them to the coachman, and I did not see him taken—I did not notice Binden.
MICHAEL SHORT . I live in King's Arm's-yard, Marylebone, and am a labourer. I was in Warwick-street, on the 18th of February, about four o'clock, and heard the cry of "Stop thief"—I ran immediately, and saw the prisoner running away—he is the man I caught—he tried as much as he could to get away—I held him till I gave him to the policeman.
Cross-examined. Q. You saw no bundle drop? A. No.
CHARLES FLACK (police-constable C 107.) I received information that a policeman was wanting in Brewer-street—as I was going, I met the prioner coming to the watch-house—he was given to me, and these shawls were given to me by the coachman.
JOHN WREN . I live in Brewer-street, Golden-square. I was standing in my shop on the 18th of February, and saw the prosecutrix's carriage come along at a walking pace—I saw the prisoner take the shawls out of the carriage, and run off—I pursued him, and gave the alarm—I saw the prisoner go away with the shawls, which he was folding up as he took them from the carriage—he ran down Francis-street.
Cross-examined. Q. What did you do? A. I gave an alarm—my master is a young man, and better able to run than I am, and he pursued him—the carriage was going past the shop, there was nothing to obstruct my seeing it—I turned my head to see if it was not a customer coming—he might be half a minute perhaps taking them.
GUILTY . Aged 18.— Transported for Seven Years.
MR. DOANE conducted the Prosecution.
JOHN THOMAS . I carry on the business of a butcher in Clare-street, Drury-lane. The prisoner was in my employ in February, and had been so five or six months—he had 10s. a-week, board and lodging, and perquisites—I sent him with a joint of meat on the 4th of February to Mr. Sands for which he was to receive 3s. 9d.—I remember his returning; it was his duty to account to me or my mother—he said to my mother, "Sands has not paid"—my mother desired him to go to his supper, and she made an entry in the book—on the Saturday following I sent a joint of meat by another person to Mr. Sands, and a bill for the two joints, the lad came back without the 3s. 9d. and told me it had been paid—the prisoner was then at supper—I asked him if Mr. Sands had paid—he said he could not give me an answer at present—I said, I thought it was rather strange, and I was determined to have an answer; he said the fact was, he knew a little of Mr. Sands' affairs, he could not give me an answer at present—I told him to go about his business, and he left me the next morning—on the Thursday between Saturday the 4th and 11th, my mother sent him out with a bill of 1l. 7s.—I was in the shop when he went, but not when he returned—I was summoned on the Tuesday week following for 4s. wages—I did not consider I owed him it—he had received 6s. on the Thursday—I had him taken on this charge—on the Monday after he had left me, on the Sunday he came for his box—when I came from Smithfield on the Monday, the publican told me he had been there the day before threatening to summons me.
Cross-examined by MR. CLARKSON. Q. Have you told all that occurred respecting this 3s. 9d. A. Yes, I took him up at the Court of Requests on the day the summons was returnable, and before it was heard; I do not know that I saw him after the Monday till I took him up—I have no re-collection of seeing him four times—I never spoke to him—I cannot swear that I did not see him twice in the market, and twice in the shop—I never deducted 3s. 9d. or 4s. out of his wages—I stated to the Magistrate that when the prisoner came in he said, "Sands has not paid"—I have never been summoned for a fraud on the Gas Company—I have been applied to, but not fined—the inspector of the Company was perfectly satisfied—the man told me so—I swear that nothing has occurred on the subject of false weights in my shop—yes, there was a week ago—I have had a nil altered in my shop which has made the scale higher, and the meat-scale had a longer pull—I had not a sufficient draught without a little calf-pin to the scale—it did not make more draught than I am allowed—the Annoyance Jury complained of it—I did not tell Mr. Sands I would not have proceded against the prisoner if he had not summoned me—Mr. Sands said he had had a good deal of trouble with servants, and he always discharged them, and he blamed me for not doing the same—I said I might have done
the same if it had not been for that—I do not remember meeting Mr. Clark in Stationers'-court on Tuesday morning last—I do not recollect his saying, "What, you have got your man in trouble," or, "taken up," nor answering that "I should not have done this to the b——if he had not informed against me to the Gas Company, and I will lag him if I can"—the prisoner lives in Leadenhall—I had not a good character with him—I did not inquire far any—he lodged in my house—he stated before the Magistrate that he had received the 3s. 9d. and paid it to my mother, and he stated so on Saturday, the 11th, after I had found it out—I did not have the sumtoons a week before—I should think it must have been Wednesday or Thursday—I have no recollection of seeing him on Friday—I told him to go on Saturday—he did not take away his things.
MR. PAYNE. Q. Is your market-day on Monday? A. Yes—the prisoner never admitted the receipt of this till Saturday—I am sure I was present when he returned, and said, "Sands had not paid."
ELIZABETH THOMAS . I am the mother of John Thomas. On Saturday night, the 4th of February, the prisoner was sent to Mr. Sands with a shoulder of mutton—it came to 3s. 9 1/2 d.—I recollect his coming back—there was no one in the shop but me—my son was at supper in the little room adjoining—the prisoner came into the shop, put the tray down, and said, "Sands has not paid"—I said, "Very well, go in to your supper," and I made the entry in the book—on the following Saturday another person to sent to Mr. Sands with a bill of the two, and brought word back that this was paid.
Cross-examined. Q. What time did you keep your shop open that night? A. Till about twelve o'clock, or half-past—Sands lives not far from our house—the prisoner has always said that he received the 3s. 9d. and paid it to me, and I must have omitted to put it down—I went to the Magistrate on the 21st, after my son had been summoned.
COURT. Q. You say he always said he had paid you? A. Yes, when he was first charged with, it on the second Saturday, he said it was impossible for him to recollect what was paid in the course of a week, he mast have time—I stated that to the Magistrate—I think it was read over to me—there was very little said to me—he said he had paid it, in the office.
MR. CLARKSON. Q. Did you send out any thing else on that Saturday night? A. No.
Cross-examined. Q. Did Mr. Thomas tell you that he never would have taken him if he had not summoned him? A. Yes, he did.
Cross-examined. Q. Did the prisoner state the same to you? A. Yes, that he had paid the 3s. 9d., and Mrs. Thomas must have forgotten it.
MR. CLARKSON called
EDWARD CLARK . I carry on business in Tothill-street, Westminster. I had the business that Thomas now has—I sold it him for 41l.—on Tuesday mornig last, between eight and nine o'clock, I met him in staoners'-court—"Halloo," says I, "You have got your man locked up"—"Yes," says he—I said, "I think he is innocent"—"Do you," says he, "What for?"—"Why," says I, "If he had not been innocent, he
would not have summoned you for what you owed him; is not your mother liable to make mistakes as well as other people?"—"Yes," says he "I should not have taken him if the b——had not laid an information against me to the Gas Company, and I will lag him if I can."
NOT GUILTY .
JAMES THOMAS EVANS . I live in Tottenham-court-road, and am a shopman in the employ of John Samuel Crispin. The prisoner was an apprentice, and lodged in the same house—on the 15th of February, a boy I had in the shop with me, discovered this pair of boots wrapped in a piece of calico, in a back kitchen they were brought to me—I knew them to be my employer's—I put them back in the kitchen, at very near nine o'clock, and in about half an hour after, I saw the prisoner go down stairs—he went past the place into the front area—he then came back into the kitchen—I went in, and he had got the boots in his hand—he had no business there—I said, "You have stolen these boots from the shop?"—he denied all knowledge of them—he said he was there to look for his master's coat—I saw no coat there—I sent for a policeman—these are the boots, and this is the calico—they are the property of my employer.
Prisoner. I did not see the boots—I was two yards away from them. Witness. He had them in his hand.
JOSEPH WILLIAM AUSTIN . I lodge in the house, and work for Mr. Crispin. About a quarter past eight o'clock on the 15th the prisoner and I returned from Hoxton, and then I sent him out—while he was gone, the witness came up, and asked if I knew this calico, I believe it is part of this piece which I had, and to which the prisoner had access.
GUILTY. Aged 16.—Recommended to mercy by the Prosecutor. Whipped and Discharged.
OLD COURT.—Tuesday March 7th, 1837.
Second Jury, before Mr. Recorder.
833. THOMAS LANE and JOHN CHAPMAN were indicted for burglariously breaking and entering the dwelling-house of George Frederrick Butcher, about the hour of seven, in the night of the 10th of February, at St. Leonard, Shoreditch, with intent to steal, and stealing therein 9 1/2 yards of printed cotton, value 5s. 10d., his goods.
GEORGE FREDERICK BUTCHER . I am a linen-draper, and live in Pitfield-street, Hoxton, in the parish of St. Leonard, Shoreditch. On Friday evening, the 10th of February, I lighted the gas, about half-past five o'clock, it was then dusk—I could see a man's face then by the light of the day—about seven o'clock in the evening I heard a cry of "Stop thief"—I went to the door, and presently a witness came in with a printed dress, and asked me if it was mine—I recognised it—I had seen it in the window that afternoon—a pane of the window had been cracked, and a small piece of the glass out, so that a man could get his two fingers through, but on the alarm being given, I found glass had been extracted
sufficiently to put an arm through—this is my cotton, I know it by my mark on it.
PHILIP REGNORT . I live in Britannia-street, Bagnigge-wells. On Friday evening, the 10th of February, about half-past six o'clock, I was in Pitfield-street, and saw both the prisoners round the prosecutor's shop, close against the window—I watched them for half an hour, and then saw Lane cross from the other one, and go to Mr. Butcher's shop—he put his hand into the glass, and drew the print out of the window—he then put it underneath his coat, and turned into Queen-street, where he took it from under his coat—I ran to secure him—he dropped it and ran away—Chapman was on the opposite side of the way, looking over at him, and dodging from one window to the other, while he took it, to see if any body was coming—when Lane ran off I saw nothing more of Chapman, till last Friday, when he was secured in this Court—I followed Lane, and saw him stopped by a man, and given into custody of an officer—I directly returned to where the print was dropped, and found a man had picked it up and taken it to Mr. Butcher—I took it from him at the station-house, and it appeared the same piece of print—it was quite wet when I found it, and the ground was wet—it had been raining.
Chapman. I was not there. Witness. He was, and with Lane, for half an hour—he crossed over, and looked into the shop with Lane three or four times.
GEORGE KEMP (police-constable N 82.) I was in Pitfield-street about a quarter before seven o'clock on Friday evening—it was quite dark then—my attention was drawn to the prisoners—I saw Lane standing at the corner of Queen-street, and Chapman right opposite the prosecutor's shop—I knew they knew me, and went round a different way—I watched them for a quarter of an hour, and saw them cross to the shop several times in company together—I then saw Lane leave the other prisoner, cross to the shop, and draw something from the window—I followed him, and never lost tight of him from the time he threw the print down till he was in custody—several people stopped him, but he knocked them down, and give one person two black eyes—the print was quite wet, as if it had been on the ground—I called "Stop thief," and Lane also cried "Stop thief," but there was nobody running before him.
Lane's Defence. About half-past seven o'clock I was coming from my work over Hoxton-bridge—there was a band of music—I followed it till it stopped opposite Mr. Butcher's shop and began to play—I stopped to hear it—there was a cry of "Stop thief"—the people all ran from the band after the thief, and I followed the thief down several dark turnings—a man ran out of a place and caught hold of me—they lost sight of me for about three minutes.
Chapman's Defence. I am a plasterer by trade—I was coming by Newgate-street here, and was taken into custody—that is all I know of it.
LANE*— GUILTY . Aged 21.
CHAPMAN †— GUILTY. Aged 19. Of stealing only.
Transported for Seven Years.
834. CORNELIUS DALEY was indicted for feloniously assaulting George M'Duell, on the 28th of February, putting him in fear, and taking from his person and against his will, 1 waistcoat, value 2s. 6d., his goods.
and saw the prisoner and two other boys—one of them asked me to go and pawn a silk handkerchief—I told him to go and pawn it himself—the three then knocked me down, and took my waistcoat from me—they all three struck me—they took my jacket off, but did not take that—the prisoner went off with the waistcoat, and the other two ran along with him—I ran after them into Commercial-road, and they shut me in Backalley.
Prisoner. It was not me that took it from him, he pulled it off himself, and lent it to the other two boys to pledge. Witness. I did not lend it to them to pawn at all—I knew them before—the two others names are Giles and Develin—I did not know where they were to be found—I am quite sure I did not lend it them—the jacket was old and the waistcoat new—I stopped to put on the jacket before I ran after them.
THOMAS M'DUELL . I am the brother of the last witness. I was in the Back-road, near Vinegar-lane, on Tuesday morning last, at a quarto to eight o'clock, and saw the prisoner with my brother's waistcoat on—I went home, and told my father—my brother had not told me that he had lost his waistcoat—he had not got home at that time.
Prisoner. It was Develin that wore it. Witness. No, it was you—I know Develin, I used to go to school with him, and my brother used to play with him—the prisoner was not a schoolfellow—I am certain the prisoner had it on—it was inside his own jacket, but that was torn—I did not speak to him about it, but ran home and told my father.
WALTER JOHN NEWSTEAD . I am in the employ of Mr. Parker, pawnbroker, New Gravel-lane. I produce a waistcoat, which was pawned on the 28th of February, about seven o'clock in the evening, in the name of John Smith, by a little boy fifteen or sixteen years old—it was not the prisoner—I saw Develin at the Thames police-office last night, and believe he is the person who pawned it.
DANIEL DERRIG (police-sergeant K 27.) The prisoner was brought to the station-house on the 1st of March—next morning the prosecutor came, and I asked the prisoner whether he knew him—he said he did—I asked him whether he saw him on Tuesday last, and where—he said he saw him in Vinegar-lane-flelds—I asked if there were any other boys with him at the time—he said two, Giles and Develin—I asked if he knew any thing about a waistcoat, he said yes, M'Duell lent him a waistcoat to pledge, that Develin had pawned it in New Gravel-lane, and Giles afterwards tore the ticket up—Vinegar-lane-fields is about five minutes walk from New-gravcl-lane.
GEORGE M'DUELL re-examined. I am quite sure I did not lend them the waistcoat—I went to school with Develin and Giles, but not the prisoner—Giles and Daley are both of one size—it was Develin who asked me to pawn the silk handkerchief—they all three knocked me down together—this is my signature—(the Witness's deposition being read, stated, that the prisoner and two others met me—one of them asked me to go and pawn a silk handkerchief—I told him to go himself—then he knocked me down, and they all helped to take my jacket, &c.)—Witness. They all three knocked me down, the prisoner took the jacket off, and the other two held me while he took the waistcoat—I went home about eight o'clock, and told my mother—I met them about half-past seven o'clock—I had not been at play with the prisoner—I used to play with the others, when they went to school wilth me—they knocked me down with their fists—they all struck me—I thought they meant to keep the waistcoat at the time.
Prisoner's Defence. I said to him, "Will you lend me your jacket!"
—He said, "Yes, I will, if you will give me your knife"—then Develin said "Never mind, your waistcoat will do better," and he pulled off his waistcoat, and said he could lend that better than his jacket. Witness. I did not—it was the prisoner that ran away with it.
GUILTY of stealing only. Aged 13.— Transported for Seven Years.—Recommended to the Penitentiary,
JAMES AYRIS . I am a shoemaker and live in Ratcliff-highway. On the 1st of March I was called to my shop door by a little boy, and missed a pair of shoes, which had hung on a rail within the shop about five minutes before—I Have repeatedly seen the prisoner about the door, and saw him then—I pursued him, and he was caught by a policeman—I asked him what he had done with the shoes—he said a boy named Giles had got them, and taken them to pledge—I then said, if he would be a good boy, and tell me the truth, I did not wish to hurt him, but previous to that he had said that Giles had got them, and had taken them out of his bosom, and gone to pawn them.
CHARLES NOLAN (police-constable K 275.) I went after the prisoner, and found him concealed by a wall on the top of a privy—the prosecutor nude him a promise—to the best of my belief, it was after that he admitted giving them to Giles.
NOT GUILTY .
GEORGE FENNER . I keep the Angel inn, at Highgate. The prisoner slept at my house on the night of the 1st of March—I saw him come down about half-past six o'clock next morning into the bar, with two bundles—he had a glass of rum, which he paid for—in consequence of what occurred I sent my servant up to examine the bed, and then sent my pot-boy after him.
THOMAS BATCHELOR . I am pot-boy at the Angel. I saw the prisoner leave the house—I went after him, and found him at Hampstead—I said, "Well, my friend, have you any thing belonging to my master?"—he said he had—I took one parcel in my hand, and found a blanket in it—I met a policeman, and gave him in charge, and another blanket was found in his other bundle, with part of another.
RICHARD NEELD (police-seryeant S 3.) On the 2nd of March the prisoner was given into my custody—I took him to the station-house—Batchelor produced a blanket to me, and I found another in the prisoner's bundle—there was part of a blanket which is not claimed—the prisoner said he took the blankets from the prosecutor on purpose to be transported, to go to see his son at Sydney—I found no money on him.
Primer. I was intoxicated, and did not know what I was doing—I was at the battle of Vittoria, and got a wound in my head.Witness. He was sober.
GUILTY . Aged 59.— Transported for Seven Years.
JOSIAH ADAMS (police-constable H 51.) On the morning of the 28th of February I was on duty in John-street, Mile-end, New-town; at half-past one o'clock, before daybreak, I heard the bell of Davey's side-gate ring, and saw the prisoners together coming in a direction from the gate—Isaac had a milk-pail on his arm—I ran towards them, and Isaac threw the pail down, about thirty paces from the prosecutor's gate, on the opposite side and ran away—William ran away in a different direction—I pursued Isaac, and took him, without losing sight of him—he appeared to be very drank indeed, but he was not so—another policeman came up, and I went to a house in John's-court, John-street, in consequence of information, and found the prisoner William—I told him I wanted him, for stealing a milkpail from Davey's—he said he wished he might go for life, and he took a baby up, three weeks old, and laid he had a good mind to chuck it on the fire.
JOHN KELLY . I am a policeman. On the 28th of February I was going into John-street, and heard the rattle spring, and a cry of "Stop thief"—I saw the prisoner William running towards me—he turned into a house in John's-place—I went with Adams to the house, and pulled a string at the door, but found it held against me—I forced myself in, and found William behind the door—I told him we wanted him for stealing a pail from Mr. Davey's premises—he said, "I wish I may go for life this time"—I said it might not be so bad—he then said he would die before he would go along with us without having his supper—we said his wife might take his supper for him—he then said if I did not collar him, we might handcuff him—I said we would do neither if he walked quietly, which he did.
Isaac Lefevre's Defence. I was coming out of a public-house with my brother, and going home to supper with him—I heard the cry of "Stop thief," and ran to see what it was, when the policeman took me.
William Lefevre's Defence. I was with my brother, and heard the cry of "Stop thief"—I walked gently home—the policemen never offered to stop me, but seemed to watch me into John's-court—they went and broke open another house before they came to the one I was in—they shoved open the door as I was going to bolt it—they said, "Have you got a brother?"—I said, "Yes; he is coming to sup with me, but he has run away somewhere"—they said, "Your name is William?"—I said, "Yes"—they then said they wanted me for this robbery—I said after I had had my supper I would accompany them.
I. LEFEVRE*— GUILTY . Aged 20.— Transported for Seven Years.
W. LEFEVRE*— GUILTY . Aged 22.— Confined Six Months.
MR. PAYNE conducted the Prosecution.
Present when the prisoner and Margaret Rutherford were married, on the 29th of June, 1833—he lived with her as his wife, and I did not know but be lived with her up to the time in question—I have seen them together frequently—I have seen his wife within the last two days—I was her bridesmaid—she was a widow with no family, and about thirty years old—I think she was a "staid, comfortable" woman.
Cross-examined by MR. JERNINGHAM. Q. What do you mean by that? A. I mean a respectable looking woman, and not very young—I know nothing about her temper—I knew her about a week before they were married—I had opportunities of seeing her after their marriage—I was never at her house but once—they lived in John-street, Webb-street—the prisoner is a journeyman carpenter.
MR. PAYNE. Q. Do you know whether he had any property with her? A. No, I do not—they had a good house when I saw them—she came to live at the house a little before they were married—it was her house.
WILLIAM HUDSWELL . I am parish cleric at St. Michael, Bassishaw. Here is a copy of the register—I examined it—I was present when the prisoner was married to the person there mentioned, Jane Catherine Tovey, on the 1st of October, 1836—(read)—I know the prisoner to be the person.
MARGARET HANNAH SMITH . I was at St. Michael, Baasishaw, on the lst of October, 1836, and saw the prisoner married to Jane Catherine Tovey—I signed the register—she was housemaid to Mr. Williams, of Chirterhouse-square, and was twenty-six years old—she is a very respectable young woman—I have seen her several times since—I saw her list Wednesday week at her dwelling, in Holt's-place, Hoxton New-town—they had the house—she does not carry on business—I saw the prisoner there—she went to her situation the day she was married—I have since teen her living with the prisoner—I believe she is in the family way.
Cross-examined. Q. Is the second wife any party to this prosecution? A. I believe not.
GUILTY .— Confined Two Years.
JAMES GEORGE CHAPMAN . I am employed by Mr. Bailey, in Angel-yard, High-street. Mountjoy left the stable-halters with me for sale—my roaster had not determined about them, and they were in our counting—house—I saw them safe on Sunday, the 26th of February, at twelve o'clock in the day, and missed them the following morning—I left the key in the house, I believe, which joins the counting-house—the prisoner has worked in the yard.
GEORGE DRINKWATER . I am a pot-boy at the Angel. There is a passage through the house into Bailey's stables—on Sunday evening, the 26th of February, the prisoner went through the house into the yard—he
Did not return that way—he could let himself out at the gate—it was between seven and eight o'clock.
Prisoner. That boy has had a warrant out against me for six weeks, and it is all spite. Witness. No—I intended to take a warrant against him for striking me, but finding he was wanted for stealing a coat and whip I did not get it.
ROBERT LESTER . I am a policeman. On Sunday, the 26th of February, between nine and ten o'clock, I stopped the prisoner in Great Russell-street, with the halters wrapped in the tail of a shirt—he told me he had been sent by Mr. Fairman, a horse-dealer in Tottenham-court-road, to Mr. Stacey for them, but I found they belonged to the prosecutor.
(Property produced and sworn to.)
GUILTY . Aged 30.— Confined Six Months.
840. WILLIAM JOSEPH FILER was indicted for stealing, on the 3rd of March, 1 shawl, value 10s.; 1 sheet, value 6s.; and 8 bagatelle balls, value 12s.; the goods of Thomas Jones.—2nd COUNT, stating them to be the goods of Catherine Jones.
SARAH LESTER . I live with my aunt, Catherine Jones, who keep the Red Lion, Basinghall-street. On the 2nd of March the prisoner came and asked for a lodging—he was shown to a bed on the first floor, between ten and eleven o'clock at night—he went away next morning between ten and eleven o'clock, and I missed from the room a shawl, a sheet, and eight bagatelle balls—I followed him directly, and stopped him in Church-passage—I brought him back—he was searched, and I saw the shawl taken from him—it was round his body—it had been on the bed overnight, and the sheet was in his hat—the balls were in a bagatelle-board in the room.
ABRAHAM CRISP . I am an officer of Bassishaw-ward. I produce a shawl, a sheet, and the bagatelle balls—I found the shawl and sheet on the table when I came in, and I took the balls from the prisoner's person, with a screwdriver and twenty-one duplicates.
(Property produced and sworn to.)
GUILTY. Aged 25.—Recommended to mercy. — Confined One Month.
JOHN THOMPSON . I am a sailor, and lodge at Goodman's, in Angelgardens. On Saturday, the 26th of February, I was coming down the highway about eleven o'clock at night—I had two sovereigns in my hand, and some silver—I was counting it in my hand—the prisoner was coming by and took a sovereign out of my hand, and walked or ran away, I do not know which—the officer afterwards took me to a house, where I saw her, and charged her with it.
Prisoner. On Monday, after going before the Magistrate, he came to me, and said, "If you will give me half a sovereign, I will be content with it"—I told him I did not have the sovereign—he said, had I any friend who would make up half-a-sovereign for him—he has had 7s. 6d. in part payment of it. Witness. I have got 7s. 6d. back again—I never saw her before.
FRANCIS WILLIAM SMITH . I live with Mr. Marshall, a butcher, in High-street, Shad well. I saw the prosecutor stop at the stall-board and count his money—the prisoner took one sovereign out of his hand, and
asked him for the other—he said, "No, no; give me that one," and she directly ran away with it—she lives up Twine-court—I am certain she is the woman.
Prisoner. Q. Did I take it out of his hand? Witness. He was taking it off the board—he had it in his fingers, and you took it.
EDWARD KENNEDY (police-constable K 218.) In consequence of information from Smith, I went to a house in Twine-court, about a quarter to one o'clock, and found the prisoner—I did not find the sovereign.
GUILTY* of stealing only. Aged 32.— Transported for Seven Years.
MARY ANN PARSONS . I am thirteen years old, and am daughter of John Parsons, a carpenter in Ball-alley, Long-alley. I was on my way home from Crown-street on Wednesday, the 1st of March, and when I toned the corner into Long-alley I missed my shawl—I did not feel it taken off—I did not drop it—Mrs. Bowyer came up to me and gave me information—I went up to the prisoner William Chappell, and asked him for my shawl—he called roe a bad name, and struck me in my stomach—Mrs. Milward came and spoke to him, and he told her I was his sister; she then went away, and my mother came up—I saw him throw my shawl on the pavement to the female prisoner, and she picked it up—when my mother came up she dropped it, and Mrs. Bowyer picked it up—I met the officer and he took the prisoners into custody—this is my shawl.
Cross-examined by MR. DOANE. Q. Was it not before you lost your shawl that the prisoner struck you? A. No. afterwards—I had said nothing to him—I was going home down the alley—I did not stop to look at him—he did not ask me what I was staring at—I did not hear him say any thing to me—he had a bonnet in his hand—I did not make him a pert answer—there were several persons about when he throw it down.
MARGARET BOWYER . I am the wife of Henry Bowyer, and live in Rose and Crown-court, Long-alley. Between ten and eleven o'clock I was crossing the end of Sun-street to Long-alley—the prosecutrix was going along about four yards before me—I saw William Chappell take the shawl off her shoulder, and give it to the female prisoner—I turned round to him and said, "Don't take the girl's shawl"—he kicked her and ill used her, and said she was his sister, and so I did not interfere further—the female prisoner dropped the shawl from under her own shawl, and I took it up and gave it to the girl—the male prisoner said the prosecutrix was a b——young cowl, and to go home; and he kicked her in her stomach with his knee.
Cross-examined. Q. Had she walked a long distance before you? A. Not long—she did not go by the prisoners in my sight—they ran into the side-door of the Black Dog public-house—the child said she would call her mother, and they ran into Sun-street—he took the shawl the moment he came into the street—it was alldone in a moment—the male prisoner ran out first—he did not throw the shawl on the ground; he gave it to the female prisoner—I have heard the girl's evidence, but I assert what I have seen myself—the female dropped the shawl when he gave it to her—no conversation could have taken place between them.
ELIZABETH MILWARD . I live in Clifton-street, Finsbury. I just turned the corner of Long-alley, and saw the prosecutrix crying—the male Prisoner was near her—I asked what she was crying for—she said, "That
Man has been beating me, and ill using and kicking me"—I said, what for?"—she said, "He has stolen my shawl"—I went and asked what he had kicked and ill used her for—he said, "She has called me a thief"—I said, "If I could see a policeman I would give you in charge," and he came up to me and said, "What have you to do with it?"—I said, "I have to do with it; you had better strike me"—he said, "I would not mind giving you so and so"—directly the female prisoner came up and said, "What have you to do with it?" and represented that the male prisoner was brother to Parsons—I said I knew better, for I knew her very well—they made use of bad language, and I ran and fetched the mother, for I was afraid of them.
MARY ANN PARSONS . I am the prosecutrix's mother. I was fetched to the top of Long-alley—the male prisoner was at the corner—I asked who was the person that had robbed and ill-used my child—the male prisoner was pointed out—I went to him, took him by the collar, and asked if he was the man who had ill-used my child—he asked what I had to do with it—I said she was my child—he then went towards the City, and I saw a City policeman—I said, "There is an officer"—he turned round and I turned round with him, and said, "I will not leave you"—in passing the Black Dog the female said, "Come in here and have something, I will make any recompense"—I said, "Money will not recompense me"—the male prisoner then went down Long-alley, and I went with him—I sent for my husband and delivered him to him, and Miller took him in charge—he struck me on the head.
Cross-examined. Q. What is your husband's name? A. John Parsons.
W. CHAPPELL— GUILTY . Aged 18.— Confined Twelve Months.
M. CHAPPELL— NOT GUILTY .
Before Mr. Sergeant Arabin.
NOT GUILTY .
JOHN LEONARD . I am servant and porter to Litchfield Green, carrier, in Sun-street, Bishopsgate. On the 24th of February the prisoner, I believe, brought this parcel to me, gave me a ticket with it, and demanded 6d., which I paid him—he told me to be careful of it, for it contained jewellery—he produced this printed ticket—(read)—"John Thorn and Son, carriers, Little Albion-street, Regent's Park—D. Burke-carriage 6d."—master sent for the parcel into the parlour afterwards, and I saw it opened—it contained hay and mould.
LITCHFIELD GREEN . Leonard is my porter—on the 24th of February I had the parcel brought into the parlour, and being directed to the countess D'Burke, Wynford, Suffolk, I suspected it to be fictitious—I opened it, and it was hay and dirt—next evening the prisoner came to the yard, and presented another parcel to me—I said, "What have you there?"—he said, "A parcel," and produced one directed to Henry Cooper. Esq.,
Wynford, Suffolk—I said, "Have you any demand on it?"—he said, "Yes"—I took him into the counting-house, and asked him for a ticket—he produced a blank one—I said, "Make out your ticket if you have a demand on it?"—he took up a pen, and while writing, I saw another parcel directed to the same name, in another part of the country—I said to him "You appear quite in the wholesale way?"—he immediately tore up the ticket, and threw down the pen—I called the porter—the prisoner then begged me to look over it, and said he would pay the expenses—I detained him till the officer arrived, and on being searched, ten more parcels were found on him similar to the one he produced, and directed to different placet in the country.
Prisoner's Defence. The parcels were given to me at the corner of Sun-street by a young man who told me to come to the Flower-pot, in Bishopsgate-street, and he would pay me for my trouble.
GUILTY . Aged 19.— Transported for Seven Years.
THOMAS NIXEY . I live in St. John-street. On the 2nd of February the prisoner came to me—he put his hands on a piece of flannel, and said, "I want four yards and a half of this flannel"—I said, "Very well"—I having been out before, supposed he had seen it—I cut it off, and he said he wanted it for Mr. Wheeler—I hesitated, and said, "Who is Mr. Wheeler? I do not recollect him"—he said, "Not recollect him?—he lives a few doors off, at the timber yard"—in consequence of that representation, I trusted him with the flannel, and he went away with it—about twenty minutes after nine o'clock in the evening he came again, and said he wanted ten yards more, and that Mr. Wheeler would be such a customer as I had not tad for some time; that he usually bought flannel for Mr. Wheeler at a house in King-street, and the last quantity was seventy yards; and he said to me, "You did not follow me"—I said, "No; if I suspected you, should have let you known"—he talked so much about Mr. Wheeler, and saying he was a relation, that I let him have ten yards, but I suspected it was not right—I asked him when I was to have the money; whether I was to fetch it—he said I could do as I liked; I could make oat the bill—I intended to go with him—he said Mr. Wheeler would not he at home till to-morrow morning—I put the flannel up, and let him go with it—I followed him, and finding he went by Mr. Wheeler's premises, I gave him in charge.
GUILTY .* Aged 27.— Transported for Seven Years.
ANN EVERDEN . I am the wife of Robert Everden, and live in Back-road, Shadwell. On the 22nd of February the prisoner came and asked to at a pair of shoes—he pointed to a pair, which I gave to him—he at them, and went away—on Wednesday night he returned, and
Asked to see them again—I put them on the counter—he took them up, and went out with them, and never paid me—he was not taken till the next night—I have not seen the shoes since—he is a very remarkable young man, and I am certain of him.
Prisoner. Q. What time did it happen? A. Rather better than half-past eight o'clock.
Prisoner's Defence. I can prove I was at home about eight o'clock.
GEORGE GREEN . I live in the same house as the prisoner, and slept in the same room the night of the robbery—I was asleep in his hammock at the time he came in, which was half-past seven o'clock—he was in bed by eight o'clock, I will take my oath—our house is not above a quarter of a mile from the prosecutor's—I do not know that it was the night of the robbery, more than what I have been told.
MRS. EVERDEN re-examined. I swear positively to him—I saw him on Tuesday night, and Wednesday night he took them—I had very little conversation with him, but I know him to be the same person.
GUILTY . Aged 27.— Confined Three Months.
847. THOMAS CUDDY was indicted for stealing, on the 27th of February, 1 basket, value 2s.; 1 butter-cloth, value 6d.; and 25lbs. weight of butter, value 1l. 17s.; the goods of Joseph Hearn.—2nd Count, stating them to be the goods of Edward Sherman.
CORNELIUS HALL . I am porter to Mr. Edward Sherman. This property belongs to Joseph Hearn—this butter-flat was on the curb-stone in Oxford-street, having just arrived by the wagon from Aylesbury—it was half-past four o'clock in the morning—I took nine flats off the wagon, and put on the curb—I went down stairs to make room for it, and came up in seven or eight minutes, when the policeman came and asked if I had lost a flat of butter—I missed one—he said he had met a man with it—we went in pursuit of him in different ways, and I at last came up to the prisoner, and took it from under his arm.
Cross-examined by MR. JONES. Q. Has Mr. Sherman any partner? A. In the coaches he has, but not in the inn where this happened.
HENRY WILLIAMS . I am a policeman. About a quarter-past four o'clock I was on duty in Princes-street, Cavendish-square, and met the prisoner carrying the flat on his shoulder—he crossed Regent-street, and not knowing whether he had stolen it, I ran, and called to Hall to inquire if he had lost a flat.
Cross-examined. Q. Was any one with him? A. No.—Hall took him.
(The prisoner received a good character.)
GUILTY. Aged 35.—Recommended to mercy. — Confined Three Months.
RICHARD ETHERIDGE . I am an officer. I fell in with the prisoner and another on the morning of the 17th, about half-past six o'clock, about half a mile from the railway—he was carrying this block—just before he came to me, he turned off the pavement into the road—when he passed me,
And the other turned, and saw me—he dropped the block, and ran away—I pursed, and took him.
Cross-examined by MR. PHILLIPS. Q. Did the other make his escape? A. Yes—the prisoner gave his address at the station, and we went and found it was right—I saw his wife and a child.
(Property produced and sworn to.)
MR. PHILLIPS stated that the prisoner was requested by the other man to carry the block, and as it was not within half a mile of the railway, he had no idea it was stolen.)
NOT GUILTY .
STEWART PURDEY . I am shopman to Thomas Leigh, a linen-draper In Bishopsgate-without. The prisoner came to the shop about five o'clock on the lst of March, and asked to look at some crape, she bought some, and then asked to look at some prints, and the manner in which she had her hand over the counter, made me think she wanted to steal something—she changed her mind, and said she would have some merino—she bought two yards of that, and Mr. Leigh, to whom I had spoken, sent for a policeman—I wrapped up her parcel, and as she was going out, the policeman stopped her.
EDWARD KIRBY DARLINTON . I was sent for, and took the prisoner going out of the shop—I asked whether she had not got something belonging to the prosecutor—she said she had not—I put ray hand under her cloak, and this print fell from her on the ground, and this other she had upon her.
The prisoner received an excellent character.
GUILTY. Aged 29.—Recommended to mercy. — Confined Six Months.
NEW COURT.—Tuesday, March 7th, 1837.
Fifth Jury, before Mr. Common Sergeant,
850. CHARLOTTE SHEPHERD was indicted for stealing, on the 23rd of January, 1 brooch, value 12s.; 1 cloak, value 5s.; 1 shawl, value 2s.; and 1 quilt, value 5s.; the goods of Susannah Mitchell; and that she had been before convicted of felony; to which she pleaded
GUILTY . Aged 23.— Transported for Seven Years.
GEORGE BALLINGER . I live in Albion-place, Battle-bridge. I saw the prisoner take the bacon from Mr. Groves's shop; I took him with one piece on him, and the other was on the ground—there was another person with him who ran away.
Prisoner's Defence. I was going along, another boy came and laid hold of the bacon, and threw it at my feet.
GUILTY . Aged 12.— Confined One Month; One Week Solitary.
JAMES MULLINGAN . I sweep the crossing at the end of Weymouth. street. I saw the prisoner take the pot from the door of No. 48, Harley-street—he placed it in a hag, and walked off with it—I went to the prosecutor's, and gave information, and the servant brought him back with the pot—he had got past the public-house.
Prisoner's Defence. I picked it up, and was going to take it home—the witness ran into the public-house before I got in—I was going right past the house, but I did not know where it was.
NOT GUILTY .
JOHN PARTRIDGE . I am shopman to Mr. Charles Howton Clarke, of Lime-street. On the 27th of February Chapman brought roe some money—I went into the shop to give him change, and found the prisoner an his hands and knees, and the till drawn out—I took hold of him, and he took two sovereigns and two half-sovereigns out of his mouth, and I took them.
Prisoner. The sovereigns were in my hand—it is my first offence—I hope you will forgive me.
GUILTY . Aged 15.— Confined Three Months; One Week Solitary.
JOHN DIXON . I am servant to Alfred Williams. On the 22nd of February I cut a piece of beef, and laid it on our board—I saw the prisoner take it, and wrap it in this cloth—I pursued, calling "Stop thief"—he dropped it on the stones, and I secured him.
GUILTY. Aged 20.—Recommended to mercy. — Confined Nine Days.
855. WILLIAM SMITH was indicted for stealing, on the 19th of February, 4 half-crowns, 16 shillings; 1 apron, value 8d.; and 1 shirt, value 3s.; the monies and goods of William Davis, the younger: and 1 pair of boots, value 7s., the goods of William Davis, the elder.
CAROL INK DAVIS . I am the wife of William Davis, of George Inn-passage, Snowhill. The prisoner came to lodge there—he said he was a tailor, and his cousin lived next door—these boots are my husband's and the other things are my son's, who is nineteen years old.
WILLIAM DAVIS, JUN . I am the prosecutor's son. On the 18th of February I had four half-crowns and sixteen shillings, and an apron and shirt, in the room up stairs, where the prisoner slept that night along with me—he got up the next morning between five and six o'clock—I missed him, and got up—I got a light, and missed this money from my trowsers
pocket, and then missed these other things—the prisoner had come to lodge there for a constancy, but he did not return after that morning—this apron is mine—he was taken in St. Dunstan's church on the following Sunday evening—no one else had an opportunity of taking these things—there was only my brother and an old man who slept in the room beside us.
GUILTY .†Aged 17.— Transported for Seven Years.
EDWIN LAW . I am shopman to Lawrence Kennedy, a pawnbroker of High-street, Shad well. On the 3rd of February the prisoner came to look at some calico shirts, but said they would not suit her—when she had left I was told she had stolen one—I went after her—she, was taken, and this shirt found on her.
Cross-examined by MR. DOANE. Q. Did not she come to pay the interest on something that was in pawn? A. Yes; for a bolster.
GUILTY. Aged 44.—Recommended to mercy ,— Confined Nine Days.
JOHN COLLINS . I am a labourer, and live at Mill-wall, Poplar. On the 26th of February, I gave the prisoner 2s.—I went to Erby-court with her, and went to bed—I put my clothes under my head—I had three half-crowns in my fob-pocket—I went to sleep, and the prisoner took the money from my pocket—it awoke me, and I seized her—she bit my hand I called the policeman, and he found half-a-crown in her hand.
Prisoner. I have known him for three years—we were drinking the whole of that evening—between twelve and one o'clock he agreed to go home with me, and gave me the half-crown—between two and three o'clock in the morning I was thirsty, and asked him to let me go down—he said I should not, unless I gave him the half-crown—I would not, and he took my hand and bit it—he called the policeman. Witness. I had known her before, but not for three years—I had given her 2s., but no half-crown—I was awoke by feeling her draw the money from my pocket.
EDWARD KENNEDY (police-constable K 228.) I was called, and found the prisoner undressed and in bed—the prosecutor was up, and told me he had lost three half-crowns—the prisoner was putting her hand through her gown—I took hold of her hand, and found one half-crown in it, and on the same side of the bed I found two other half-crowns, and 9 1/2 d.
GUILTY .* Aged 22.— Transported for Seven Years.
WILLIAM ROGERS . I am in partnership with my mother, who is a widow—We keep the Old Crown public-house in Marylebone. The prisoner was brought to our house with a pot—I took him to the station, and two others were found on him—those two pots are ours—they had been outside our door.
JAMES GEORGE VICARY . I am a shoemaker. I saw the prisoner, about half-past seven o'clock on the 16th of February, take one of Mr. Rogers' pots, and put it under his coat—I followed him, and he was taken.
GUILTY .* Aged 18.— Confined Three Months; One Week Solitary.
HENRY FORD . I am a compositor, and live in Parish-street, Lambeth I met the prisoner on the night of the 26th of February, and went home with her—I was drunk—I took off my coat, waistcoat, and boots in her room—I told her I would not go to bed—she said, "You had better sit down an hour, and then you can go home"—I fell asleep—a person came and awoke me, and said the prisoner had run away with my things—these are them.
SARAH IRELAND . I am a widow, and lodge in Lawrence-lane, st. Giles's. On the morning of the robbery, I saw the prisoner coming out of a room, with a bundle under her left arm—I knew she did not live there, and the person who lived there was out—I stopped her, and died for a light—she threw these things over the stairs, and when the light was brought she had this waistcoat in her hand—this coat and boots were picked up in the area—the prosecutor was in the room—he claimed the things.
GUILTY . Aged 32.— Transported for Seven Years.
ELIZABETH BEAUCHAMP . I live at Hounslow-heath—I am a widow, and have six small children. On the morning of Sunday, the 26th of February, I missed seven hens and a cock—I was awoke in the night by the noise of the fowls—I got up, and saw Alexander (whom I well knew) and two men standing close to my stable-door, where I kept these fowls over the rack—I had seen them safe on the Saturday night—Fitzwater was one of the men—I saw him go into the stable and come out, and then the other man went in—I did not see Alexander go in—the fowls made a noise, and they went off—I was afraid to go after them—it was about half-put one o'clock.
ELIZABETH SMITH . I live in part of the prosecutrix's house. I heard the fowls make a noise that night—I did not go down then, but I did afterwards, and saw the prisoner Alexander and two men, whom I do not know with her—Fitzwater was at my sister-in-law's that night, about a quarter of an hour after the cock crew—I do not know where he had been before.
Alexander's Defence. I never went inside the stable—there was one young man went up the alley with me, but not two.
Fitzwater's Defence. I know nothing about the thickens—I was at a
public-house, and did not come out till they were taken—I then steered towards home.
ALEXANDER*— GUILTY . Aged 17.
FITZWATER*— GUILTY . Aged 26.
Transportedfor Seven Years.
JAMES CHALK . I live in Cannon-street-road, St. George's in the East. The prisoner Miles has been in the habit of fetching timber from my place for Mr. Benson—on the 17th of February he came for some without an order—I said I could not deliver him any timber—he went back, and came again with this order—he said he brought it from Mrs. Benson, at Mr. Benson was not at home—Griffiths was with him, but did not say any thing I let him have the timber, believing the order was written by Mrs. Benson—(order read") Please to let the bearer have 2 12-foot planks, 3 and 4 cuts, and what quartering he looks out, and place it to my ac-court. E. B."
CHARLES BENSON . I am a wine-merchant, and live in Mansel-street, Whitechapel. This order is not my writing, nor my wife's, nor any body connected with me—I have had some boards and timber of the prosecutor I hired Miles to partition off my counting-house, he said it was of do use his going to my timber-merchant, as he charged too much; and if I would give him a little money, he would go and buy some at Sykes's—I gave him the money, and then he got these.—I know Griffiths—I believe he was employed by Miles.
CAROLINE SIPLES . I live in Plough-court. On the 17th of February the prisoners came to me between four and five o'clock—Griffiths asked how I did, and said he came from Mr. Cook, to know if I would allow some timber to be put into my yard till the morning—I said, "What timber?" and he said some that Mr. Cook had bought, but he was out, and they could not get into his yard—I said I hoped it was. all right—he said "Yes," and they brought it in.
Griffith's Defence. This man met me, and asked me if I wanted a job—he took me to assist in getting this timber—he asked if I knew of a place to put it in, and I took it to Mrs. Siples', as I knew her.
MILES— GUILTY . Aged 33.— Confined Two Years.
GRIFFITHS— NOT GUILTY .
(There were two other indictments against Miles.)
JOHN ALLEN BURGESS . I live in Queen-street, Edgeware-road. In October last two men came and asked for my truck for an hour or two, to take some scaffolding from East-street—it never came back—I found the wood of it in a waste piece of ground about a fortnight after, broken to Pieces, and the iron-work at Mr. Cayford's—I cannot say who the men were.
Prisoner. Q. Did you see any thing the matter with ray arm? A. No—you had a green coat on, something like the one you have on now—you had a paper cap on—the other was a tall man.
JAMES CAYFORD . I have a smith's shop in Compton-street. In October a man, answering the description of the prisoner, came to me with a pair of truck-wheels and an axletree—I bought them—I am not certain that it was the prisoner.
NOT GUILTY .
WILLIAM LEE . Jun. I am the prosecutor's son. On the 25th of February the prisoner came for the truck, and I lent it him—he said he wanted it for Mr. Ward to fetch a few things in, and he should keep it about an hour—I am quite sure the prisoner is the man—this is part of the truck.
Prisoner. Q. What dress had I on? A. fustian coat, corduroy breeches, and a paper cap.
Prisoner's Defence. I met a man going up the New Road—he said, did I want to buy a spring and axletree—I said I knew a man who I thought would buy it—I went to this witness, and asked if he would buy it—he said he would; and I told the man if he would take them then they would buy them—he asked me to take them for him, and I did.
GUILTY . Aged 24.— Confined Six Months; Three Weeks Solitary.
WILLIAM GRIFFIN (police-sergeant K 11.) I live in Waterloo-street, Lime house. I saw the two prisoners, at half-past eight o'clock, on the 22nd of February, with another, who is not in custody, near the West India docks—I crossed the road, and spoke to Cotter—Lyniard and the third man ran away before I spoke—I asked Cotter what he had under his arm—he said nothing but a bag—I searched, and found he had this cock—I took him; and on the following Sunday I found Lyniard in bed, and took him.
Lyniard's Defence. I was coming from Greenwich, and saw Cotter, whom I knew—I asked what he had got—he said nothing but a smock-frock.
Cotter's Defence. I was at work in a ballast-barge, and found this cock I showed it to the men, and they asked me if I would have it.
COTTER— GUILTY. Aged 21.—Recommended to mercy ,— Confined One Month.
LYNIARD— NOT GUILTY .
WILLIAM CRACKNELL . I am a tailor, and live in Portland-mews. On the 26th of February, at half-past one o'clock, I met the prisoner—she asked me to take a walk with her—I refused—she caught my arm, and desired me again to go—I said I would not; and my coat being unbuttoned, she put her hand into my watch-pocket, and took my watch—she ran away—I pursued and caught her—she fell down, and I fell on her—I saw her put the watch into her mouth—I took it out, and called a policeman, who took her.
RICHARD MARKHAM (police-constable C 129.) I was called, and took the prisoner in St. Martin's-street—the prosecutor charged her with taking the watch out of his pocket—I said, "Where is the watch?"—he gave it me, and it was quite wet—I told the prisoner to go with me—she refused, and laid down—I took her to the station-house.
Prisoner's Defence. He asked if he might go home with me—I said, if be liked—we stood talking, and he wanted to take liberties with me, which I would not allow, and then he struck me, and called the police, and said I had taken his watch—the policeman came and said he meant to take me—I aid,"What for?"—he said, "For taking this man's watch"—I said I had seen no watch, and he gave it to him out of his pocket—he took me to the station-house—three of the policemen tried to put it into their mouths, and could not.
GUILTY . Aged 19.— Confined Six Months.
ELIZABETH BOWLER . I was in the service of Mr. Heath, at the Red Cow, at Hammersmith. I left there on the 12th of February, at five o'clock in the afternoon, and walked to the White Bear, at Hounslow—my brother walked with me, and carried my box—we got to the White Bear about ten o'clock—I intended to wait for the wagon to go to Colnbrook—after I had been in the tap-room for some time, the prisoner came in and sat down by me—he asked me if I would have any thing to drink—I refused a great many times—at last he got 4d. worth of gin and water, and made me drink, and then when that was gone I took him to be a friend, and I treated him with the same quantity—my brother sat by my side, but he did not drink any—he fell asleep—I had my handkerchief, with a half-sovereign in it, and I untied it to give a sixpence to pay for the liquor—I found I had not got one there, and I gave him a sixpence out of my pocket to pay for it—the prisoner had seen what was in my handkerchief, and he took the handkerchief, nut it into his pocket, and went out of the door—I did not
think he was going to rob me—he came in again, and I asked him for it—he said he had not got it.
Prisoner. I did not take it—she sent for Charles Taylor, and he was pulling her about—she was tipsy. Witness. No, I was not—I had sent for Taylor, as he used to stop at master's, and I knew him—he drank with me, but that was before the prisoner came—I did not drink half a glass of ale with him.
THOMAS RUTTY . I am a helper in the stable at the White Bear, I saw the prosecutrix—she said she had been robbed of a half-sovereign by the prisoner—this was about half-past one o'clock—I found this handkerchief hid under some scaffolding poles outside the stable.
Prisoner. Q. Did not they ask you to have beer with them? A. Yes, at the time Taylor was there—I had two or three glasses of ale—I did not see that any of them were in liquor.
NOT GUILTY .
DAVID GODDARD . I live in Duke-street, Lincoln's-inn-fields, and am a boot-maker. On the 25th of February, at half-past eleven o'clock at night, I was in the Edge ware-road—the prisoner came and spoke to me—I felt her hand in my waistcoat pocket, and I said, "You have picked my pocket"—she spoke to a person by her, and said, "This man says I have picked hit pocket"—I missed three half-crowns, four shillings, a sixpence, and some coppers—in going to the station-house she dropped something, which we took to be a half-crown, but could not find it.
WILLIAM CARTER (police-constable G 110.) About twelve o'clock I heard a cry—I went up, and found the prisoner and three more women—the prosecutor charged her with the loss of his money, but did not say How much—we went on towards Portman-street—in going along she dropped something, but I do not know what—I asked her at the station-house if she had any money—she said she had not.
Prisoner. She knows I was very much in liquor. Witness. It was not to be perceived—she put a sixpence into her mouth, and I thought something more—I wrenched my fingers in her mouth, and got out the sixpence.
Prisoners Defence. I met this man at half-past eleven o'clock with two more girls—he was in liquor, and said he had been robbed—I said, "Call the policeman"—this money was my own.
GUILTY . Aged 24.— Confined Six Months.
WALTER CROW . I am in the service of Mr. Charles Coley, pawnbroker. Norfolk-street, Islington. These trowsers are his property—I saw them safe between three and four o'clock on the afternoon of the 25th of February—the policeman brought them between five and six o'clock.
Prisoner. They are my own. Witness. No, they are my matter's—they were marked on each side, and the mark it torn off—I swear to them from having no lining and by the shape of them.
THOMAS HOBBS KING (police-constable N 248.) I taw the prisoner in the Lower-road about four o'clock, about one hundred and fifty yards from the prosecutor's shop—there was a man and two women with him—I ran and took one of the men—I saw the prisoner again a little after five o'clock—I took him with these trowsers, and took the shoes out of his pocket.
Prisoner's Defence. I am a general dealer. I bought these trowsers in Cutler-street, Houndsditch.
GUILTY . Aged 19.— Confined Six Months; One Week Solitary.
869. HANNAH FULLER was indicted for stealing, on the 4th of February, 4 pillows, value 8s.; 2 pillow-cases, value 6d.; I shawl, value 1s.; 1 night-gown, value 1s.; 1 flat-iron, value 1s. 6d.; 1 petticoat, value 1s.; 1 handkerchief, value 6d.; and 3 aprons, value 1s., the goods of Edward Bevan.—2nd COUNT, stating them to be the goods of Ann Bevan.
ANN BEVAN . I live in New North-street, Islington, and am the wife of Edward Bevan, but I have not seen him for fifteen years. The prisoner came to lodge with me a week or ten days before Christmas, and on the day before Christmas day I went out to nurse for three weeks and two days—when I returned I found the property all gone, and the prisoner too—I did not tee her till she was in custody.
WALTER CROW . I am shopman to Mr. Coley of Norfolk-place, pawnbroker. I produce these fiat-irons, and some other things which were pawned with a young man who has left our service—they were pawned in the name of Fuller—I knew the prisoner as pledging at our shop.
THOMAS HOBBS KINS (police-constable N 248.) I took the prisoner. She said she was going that evening to see the old lady, and she bad done it out of distress—she produced the duplicates, which correspond, with what the pawnbrokers have produced.
Prisoner's Defence. Being in the deepest distress I pawned some of the things—my husband had left me for eight months destitute of every thing.
GUILTY . Aged 30.— Confined Three Months.
870. RICHARD WESTON was indicted for stealing, on the 16th of February, 1 watch, value 30s., the goods of Ann Jones; and ANN BLANDFORD for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
ANN JONES . I am cook to Mr. Allen of Pentonville. On the 16th of February I had a silver watch—I saw it safe at a quarter before one o'clock—the prisoner Weston was employed there to clean boots and shoes—he was there that evening from five to eight o'clock—I missed my watch at eight o'clock—no one but him had been in the kitchen—this is my watch.
THOMAS DEBENHAM . I am a pawnbroker, and live in Queen's-row, Pimlico. On the 17th of February, Blandford pawned a watch with me for 1l.—she said she pawned it fur Ann Weston—it was taken out after-wards by Mrs. Morris, and pawned again the same day by Mrs. Morri's sister
MARY MORRIS . I am the wife of William Morris; we keep a chandler's shop in Castle-lane, Westminster. On Sunday morning, the 19th, (I think it was.) the prisoner Blandford, came and asked roe to allow her to have a few things, and to leave the ticket of a watch for them—I refused at first, but I let her have them, as she begged so hard for her child.
Cross-examined by MR. PHILLIPS. Q. I believe you knew her very well? A. I knew her six years ago in service—she is supporting a child which she has.
Weston's Defence. I gave her the watch to pawn—she gave me 1l. WESTON— GUILTY . Aged 15.— Confined One Month; Last Week Solitary.
BLANDFORD— NOT GUILTY .
MESSRS. PHILLIPS and CLARKSON conducted the Prosecution.
WILLIAM COBB . I am a corn and coal-dealer; I was a customer of Mr. Charles Burrows. On the 19th of December I paid the prisoner 2l. 17s. for his master—he came to me and gave me this receipt for the bill—I have my books here.
Cross-examined by MR. BODKIN. Q. you, a few days after, paid him 5l.? A. I paid him 5l., on the 19th of January, on account of a bill of 8l. 17s. 6d.
MR. CLARKSON. Q. Be so good as to turn to November the 29th? A. Yes, I have the bill here—I paid him on that day 4l. 18s.—if be gave credit for 4l. 8s., it was 10s. too little—I am not aware that I paid him any thing on the 2nd of December—on the 19th I paid him 2l. 7s.—on the 5th of January, 4l., and on the 12th, 3l. 13s. 9d.—if on that day he has given credit for only 2l., he received 1l. 13s. 9d. more.
JOSEPH DEARMAN . I was a customer of Mr. Burrows for a long time; I know the prisoner. On the 23rd of January I owed 9l. 17s. for coals—I paid it to the prisoner and got a receipt from him—I saw him write it—I am quite certain I paid it to him.
WM. THOMAS WILSON . The prisoner married my wife's sister. In November I gave him an order for a ton of coals—I do not know in whose service he was—I received the coals in November—I paid for them either on the 26th or 27th of December—I paid for them in an arrangement of goods he had had of me, and I paid him the balance—it was either 12s. 3d. or 13s. 3d.—I had no receipt for it.
Cross-examined. Q. I believe he has been recently married? A. Yes—I went to Mr. Burrows as one of his friends—the accounts were not gone through, but the prisoner gave in more than Mr. Burrows had discovered, and I and his brother came to an arrangement to pay that—the prosecutor was to take part in bills and part in money—Mr. Burrows said he had not got sufficient witnesses to substantiate the charge, and it was withdrawn—it was agreed if any other item was discovered, it was to be made up in the same way, and we were to know about it.
CHARLES BURROWS . I am a coal-merchant. The prisoner, in the month of December, was in my service—he was in the habit of receiving money on my account, and it was his business to account every day—there is 8l. entered for the account of 9l. 17s., of Mr. Dearman, on the 23rd of January—on the 19th or 20th of December there is no entry from Mr.
Cobb—there is no entry on the 26th or 27th of December, of any sums paid by Mr. Thomas Wilson—I entered into no arrangement of the kind mentioned by Mr. Wilson—two days after we were before the Magistrate Mr. Wilson and the prisoner called at my house—I asked them for a true and full account of all the sums he had embezzled, and on that occasion Mr. Wilson and the prisoner gave me 9l. in money, and gave me the list of sums, but none of these refer to the 19th or 27th of December, or the 23rd of January—I did not engage to do any thing more than look over these, and see if they were true—I did not at that time know of any of these sums charged in the indictment—I had no other motive than an act of humanity.
Cross-examined. Q. Did he give you notice that he was going to be employed in the same trade as yourself? A. No—his friends called on me to press me to take him back—I said, I must take time to consider of it—I received a note to say that he was going to another situation—I sent him a note, and he came to the counting-house, and I gave him in charge—I came to this arrangement after I had been before the Magistrate—his friends certainly said they would pay these sums—I entered into no further arrangement till two days after—I told them I could not tell what torn it would take till it got before the Magistrate—I would not commit myself, and I had not got evidence—I said if I could do it without committing myself, I would—I received 9l.—I believe there was a Bill of Exchange—I received it—I believe it is for 17l. odd—I believe there are one or two of his friends' names to the bill—that was not on account of these deficiencies, but on account of those he then made out—the money and bill did not amount to the deficiency—there was 6l. or 7l. short—I do not know how the rest was to be paid—I did not get it—this account was made up by himself at my place.
COURT. Q. When he paid you the 17l. did he give you the p